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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 III 
1662-1667 



SALEM, MASS. 
PUBLISHED BY THE ESSEX INSTITUTE 

191^ 



THOS. P. NICHOLS & SON CO. 

Printers 

Lynn, Massachusetts 



r 



// 



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



Court Held at Hampton, Oct. 14, 1662. 

Jury of trials: Jno. Severans, foreman, Rich. Currier, Nathan 
Gold, Georg Goldwyer, James Pecker, Daniell Ela, Jno. Redman, 
Sam. Fogg, Tho. Warde, John Cash, Tho. Sleeper and Tho. Biggs. 

Joane, relict of Vallentine Rowell, late of Salisbury, deceased, 
was appointed administratrix of his estate. 

James Pecker v. Tho. Davis, John Hutchins and Daniell Hen- 
drick. Debt. Verdict for plaintiff. Mill at Haverhill mentioned. 

Dan. Lad v. . 

William Fifeild, assignee of Capt. Walter Barefoot v. Capt. Tho. 
Clarke and Mr. Antipas Boys, administrators of the estate of Mr. 
Vail. Hill. Debt of 501i. for physic and attendance upon Mr. Hill 
and family during his last sickness. Nonsuited. 

Capt. Walter Barefoot v. Isaac Pirkins. Debt of 201i. Due to 
plaintiff for physic and chirurgical means and attendance upon 
defendant's two sons, together with his expenses at the ordinary 
while upon this business. Withdrawn. 

Capt. Walter Barefoot v. Walter Tayler. For not building a 
vessel for him according to dimensions specified in writing under 
said Tayler's hand. Verdict for defendant. Appealed to next 
Court of Assistants. Capt. Barefoot and Rob. Tuck bound. 

Walter Barefoot v. Ed. Colcord. 

V. Drake. His farm mentioned.* 

Stephen Kent v. Jno. Hutchins. Appeal from a judgment of the 
commissioners of Haverhill. Verdict for plaintiff, the reversing of 
the judgment. 

Stephen Kent v. Willi. White. Appeal from a judgment of three 
of the five selectmen of Haverhill. Verdict for defendant. Ap- 
pealed to next Court of Assistants, Steven Kent and Jno. Godfrey 
bound. 

*Writ: ChristopherHusseyv. Abraham Drake; for taking away 
a cow from his farm; dated 30 : 3 : 1662; signed by Samuell Dal- 
ton,t for the court; and addressed to the marshal of Hampton. 

t Autograph. 

(I) 



2 HAMPTON QUARTERLY COURT [Oct. 

Christopher Palmer v. Ed. Colcord. For making way with a bay- 
horse, with two wall eyes, a white blaze down his face and one 
white foot, in a fraudulent manner, etc. Verdict for plaintiff. 

Robert Swan, assignee of Jno. Johnson v. Peter Nash. Debt. 
Which should have been paid Aug. 20 last in English goods or cat- 
tle. Verdict for plaintiff. Appealed to next Court of Assistants. 

Isaac Colby v. Peter Nash. For not delivering a horse, accord- 
ing to agreement. Verdict for plaintiff.* 

Anthony Tayler v. Joseph Davis. For not paying 41i. 8s. 6d.due 
for a bill which he received of Robert Jones in staves and heading. 
Verdict for plaintiff.f 

*Writ, dated 16 : 3 : 1662, signed by Tho. Bradbury,t for the 
court, and served by Robart Haseltin,t deputy constable of Rowley. 

David Haseltine deposed that Peter Nash came to the house of 
John Collby a week before last Salalsbury court and there Issack 
Collby and said Nash made an exchange of horses. Collby gave his 
horse to Nash, and the latter was to deliver his at the house of 
John Willem's at Havirel, sound in wind and limb, the Monday be- 
fore the court. Furthermore said Nash was to give said Collby 
1000 merchantable white oak pipe staves to be delivered at a good 
landing place about Haverel, etc. Sworn in court. 

Samuel Collby deposed that Nash said that the horse that Nash 
was to deliver to Collby, was well worth ten pounds, and that he 
could run as fast as most horses, etc. Sworn in court. 

fWrit, dated 6:8: 1662, signed by Samuell Dalton,t for the 
court, and served by John Johnson,t constable of Haverhill. 

Robertt Jones, aged about twenty-nine years, testified that he 
delivered a bill to Anthony Taler to be paid at Quechesha and said 
Taler assigned the bill to Josef Davis, a cooper, at Puscataqee 
river. Deponent receipted the bill. Sworn in court, before Tho. 
Bradbury,! rec. 

Daniel Ela deposed that he met Anthony Talor at Rowley last 
May, who desired him to do an errand for him and that was to ask 
Joseph Davis to pay to Capt. Paul Whit four pounds which had 
been long due to said Talor. He accordingly asked Davis for the 
money and he acknowledged the debt. Sworn in court. 

Abraham Drake deposed that two years since he went with An- 
thony Taylor to Puscataque on Yorke side of the river to Joseph 
Daveses, Taylor demanded the bill, and Davis owned it, but said 
he would go up to Peter Cofenes and bring his bill to Capt. Pem- 
linton and pay him there. Deponent and Taylor went to Porch- 
mouth and remained over night. Davis promised to be back again 
the next tide at Mr. Pemlinton's, but they tarried there some time 
and Davis did not come. Sworn in court. 

lAutograph . 



1662] RECORDS AND FILES 3 

Abraham Pirkins v. Christopher Palmer. For forfeiture of a 
bond of lOli. Not standing to the award of an arbitration, Mr. 
Sam. Dudley, Jno. Oilman and Jno. Redman being the arbitrators. 
Verdict for plaintiff. Appealed to next court of Assistants. Chris- 
topher Palmer and Morris Hobbs bound. 

Natt. Batcheller v. Francis Drake. Trespass. For mowing his 
marsh, carrying away his hay after being warned and going about 
to alter the title of his land. Verdict for defendant. 

Humphrey Wilson v. Tho. King, Jno. Warrin and Jno. Gillman. 
For not keeping him from annoyance by water, according to cove- 
nant. Withdrawn. 

Georg Walton's license, for keeping the ordinary upon the Great 
Island in Pascattoquack river until Dover court next, was renewed. 

Willi. Fifeild was sworn constable for the town of Hampton. 

Willi. Furbur and Richard Otis, having been formerly appointed 
administrators of the estate of Willi. Lemon, deceased, were ordered 
by this court to present an inventory of said Lemon's estate in 
Norfolk county at the next county court at Dover. 

Mr. Husie and Mr. Stanian were sworn to end small causes for 
Hampton. 

Robert Tuck's license was renewed to keep the ordinary for 
Hampton. 

Ordered by this court that the selectmen of the town of Hamp- 
ton shall take the estate of Willi. Coul of Hampton, late de- 
ceased, and carefully preserve and improve the same; also to 
satisfy all for the diet and attendance on said Coul in his life 
time and to supply his wife, Eunis Coul, with such necessaries 
as she should need for food and raiment; also to give a true 
account of the expenses whenever the court shall ask for it, not- 
wthstanding any writing that might appear under the notion of a 
will. 

L. Challis and Rich. Currier were to make distribution of Vail. 
Rowell's estate to the widow and children, she to have one half. 

Jno. Brown and Moses Cox were freed from military watchings 
and trainings, allowing 3s. 4d. per annum to the military company 
of Hampton. 

Jno. Huggins v. Robert Smithe. Trespass. For running a ditch 
through his marsh and going about to alter the title of his land. 
Withdrawn. 



4 IPSWICH QUARTERLY COURT [NoV. 

Allowed to the servants at Mr. Dalton's, 5s., and "2^ 1"^ to y" 
ostler : y*' mayd 2* : y^ woman 2^" 

A special warrant for Haverhill men was presented by the grand 
jury. 

A rate to be made to defray county charges to the value of twenty 
or thirty pounds. 

Willi. Fifeild appeared in behalf of Willi. Hams of Portsmouth 
in an action entered at Salisbury court, 1662, concerning a colt in 
controversy between said Hams and Capt. William Gerish of Nu- 
bery. Willi. Ham's attorney attended the court five days. Capt. 
Willi. Gerish was called three times but did not appear. 

Passed to the treasurer : six shillings to Tho. Filbrick, 18s. to 
Will. Fuller for carrying the votes to Boston. 

Jno. Redman v. Tho. Nudd. For turning swine into his corn 
when plaintiff was from home. To be tried next Salisbury court. 

Ordered that 2s. 6d. be paid to Henry Green out of old Cole's 
estate for watching one day and one night with Eunice Coul. 

Court held at Ipswich, Nov. 13, 1662, by adjournment. 

John Brabrooke of Newbury made a nuncupative will, which 
was proved in court, but named no executor. Court appointed 
Henry Short, yeoman, of Newbury, administrator of the estate. 

Richard Kimball, presented for his well being dangerous, was 
discharged, it being now mended. 

The town of Newbury was presented for the highway being in- 
sufficient for travellers. The court, having made an order about it 
the first session, further ordered that it be certified at Salem court 
that it was sufficient according to that order, under the same pen- 
alty expressed in the said order. 

Execution, dated Oct., 1662, against John Mackcallum to satisfy 
judgment granted John Maxfield at Salisbury court of 11 : 2 : 1662, 
signed by Tho. Bradbury,* for the court, and served by John Kool- 
ba,* whom Abraham Drake,* marshal of Hampton, appointed his 
deputy. Robart Kinge mentioned. 

Edmond Greenliefe had his goods attached by Nathaniell Boul- 
tor to answer at this court, and no attachment was returned nor 
action entered. This bill of twelve shillings allowed by the court, 
attest, Tho. Bradbury,* rec. 

Peter Coffin deposed concerning the execution. Sworn at Salis- 
bury court, 8:2: 1662, before Tho. Bradbury,* rec. 

* Autograph. 



1662] RECORDS AND FILES 5 

Mr. Jonathan Wade was licensed to sell strong water for a year, 
as the merchants of Salem, observing the order of the court made 
in March last. 

Stephen Johnson and Elizabeth his wife, were fined upon 
their presentment for fornication before marriage, they having 
confessed. 

Symon Chapman was fined upon his presentment of inhuman 
carriage about defiling a well. Part of the fine respitted until the 
court took further order. 

Robert Rogers was admonished upon his presentment and was 
bound to good behavior. 

Hester Bond was admonished upon her presentment and was 
bound to good behavior. John Bond, her husband, surety. 

This court granted half a fifth part of a single country rate for 
defraying county charges, to be added to a fifth part granted be- 
fore, the bridge being chiefly intended. 

The treasurer was ordered to pay Thomas Burnam and Walter 
Roper 3s. each for viewing the bridge near Richard Thurill's.* 

Ossmand Dutch, being complained of for resisting the military 
officer coming to levy a fine for neglect of training, was fined 10s. 
and was ordered to pay witness fees of Clement Coldom and 
Thomas Millet. 

Whereas there was a suit commenced by Mr. Nathaniell Salton- 
stall, attorney of his father, Richard Saltonstall, Esq., against 
Thomas Stace at the last Salem court, said Stace came before the 
Honered Magestrates Mr. Samuell Symonds and Major Genrll. 
Daniell Denison on Feb. 28, 1662 and acknowledged a judgment 
of 301i. to Mr. Nathaniell Saltonstall. 

Court held at Salem, 25 : 9 : 1662. 

Judges : The Worshipful Mr. Simond Bradstreet, Major Genii. 
Daniell Denison and Maj. Wm. Hathorne. 

Grand jury : Mr. Charles Gott, Henry Herrick, Antho. Buxstone, 
Jon. Neale, Tho. Rootes, Will. Flint, Henry Roades, Richd. John- 

*Walter Rooperf and Thomas Bornomf reported on Nov. 13, 
1662, that they had viewed the bridge near Goodman Thirill's of 
Nubery and found it insufficient, the two ends lacked security 

against the ice and the — in the middle not being , also there 

was a rail wanting on each side, from end to end. 

t Autograph. 



6 SALEM QUARTERLY COURT [NoV. 

son, John Ramsdell, sr., Tho. Newell, Silvester Evely, John Bar- 
toll and William Allen. 

Jury of trials : Lt. Tho. Putnam, Ens. Samll. Corning, Will. 
Dodge, sr., John Rayment, John Mansfeild, James Axey, John 
Peeresson, Theophilus Baily, John Burrell, Tho. Millett, Tho. 
White and John West. 

William Carter v. Peeter Oliver. Debt. Due for wages, for his 
service performed in St. Laurence, on the back side of Newfound- 
land. Withdrawn. 

John Godfery v. Jonathan Singletarye. Concerning a bond that 
plaintiff assigned him, which bond was due from Edward Clearke 
to said Godfery, and for refusing to give him security. Verdict 
for plaintiff, the defendant to give security.* 

John Godfery v. Jonathan Singletarye. Debt. For withholding 



*Writ, dated Oct. 8, 1662, signed by Edmond Fawkner,t for the 
court, and served by John Johnson,t constable of Haverhill, by at- 
tachment of defendant's land lying about a mile beyond the river 
called Hook's meadow river, and abutting the river Marimak on 
one end and joining next to Goodman Souhell on one side. The 
warrant was left at Jonathan Singelltary's father's house, where 
Jonathan resided. 

John Godfery's bill of costs, going to Salisbury and Bostone, 
witnesses sworn before Mr. Bradstreet, etc., 21i. 17s. 8d. 

Edward Youmans, aged about thirty years, deposed that he 
heard Godfre demand security of Jonathan Senlatary for the bond 
in controversy. Sworn, 21 : 9 : 1662, before Simon Bradstreete.f 

Susana Singletary testified that "as I had ocasion to com by 
thomas lilford where he was at worke he said unto me w* will your 
sonn Jonathan doe w*'' godfre he is resolued to have him to courtt 
about the band of corn y* he had of him of dark & he saith he will 
haue me for a witnes about it nay said I it doth nott much trouble 
me for he has giuen him y^ corn if he can git it of clarke can you 
witness y* he pmised to giue godfre security for y'^ band of corn 
Thomas lilford said nay I hard him speak of security but I doe not 
know for w* it was." Sworn, Nov. 22, 1662, before Simon Brad- 

Execution, dated 29 : 9 : 1662, against Johnathan Singletarye in 
satisfaction of a judgment granted John Godfery at Salem court, 
27 : 9 : 1662, signed by Hillyard Veren,t cleric, and served by John 
Johnson,! constable of Haverhill, deputy of Samuell Archard,t 
marshal of Salem. 

tAutograph. 



1662] RECORDS AND FILES 7 

50s. in silver delivered to defendant a year past. Verdict for 
defendant.* 

Tho. Chubb v. Tho. Tuck. For not paying for or delivering a 
cow and 6s. 6d., according to agreement. Verdict for plaintiff. f 

John Rugeway v. John Roades. Debt. Due plaintiff from 
Henry Carter (late deceased), with his wife, whose goods said 
Roades took into his possession and disposed of contrary to law. 
Withdrawn. 

John Rugewaye v. John Tomlin. For arresting plaintiff for a 
bond that had been tried in court and judgment passed and execu- 
tion granted upon the same. Withdrawn. 



*Warrant, dated Nov. 20, 1662, signed by Richard Littlehale,| 
for the court. 

Jonathan Singletary's bill of charges, 13s. 

Susana Singletary, aged about forty-six years, testified that in 
her own house John Godfre assigned the band of corn, etc. Sworn, 
Nov. 22, 1662, before Simon Bradstreete.J 

Edward Youmans, aged about thirty years, deposed that he met 
John Godfre the last spring with Johnathon Senltary coming out 
of Rouly, and deponent asked said Godfre to lend him five shill- 
ings and he said he could not for he had lent Johnathan Sengla- 
tary all the money he had, etc. Sworn, Nov. 21, 1662, before 
Simon Bradstreete.J On the reverse of this paper, "In Chearles- 
town." 

Richard Singletary, aged about sixty-three years, testified, Nov. 
22, 1662, that ''as I was goeing to Salsbury this last munday past 
along w**" John godfre he was in a great pashon against Jonathan 
Singletary att his hous a while agoe & I had forty or fifty shillings 
in mony about me & Jonathan would haue borowed it of me & I 
was two or thre times agoeing to lett him haue it but I considered 
y* I had often use for mony at law & so I did not lett him haue 
aney." Sworn before Simon Bradstreete.J 

fWrit, dated 14 : 9 : 1662, signed by Hillyard Veren,t for the 
court, and served by Thomas Pickton,f constable of Salem, by at- 
tachment of the house of defendant. 

Thomas Chubb's charges, Hi. 3s. 8d. 

Agreement, dated June 26, 1662, made at Salem at the house of 
Mr. Jno. Gidney, between Thomas Chubb and Thomas Tuck, both 
of Basse river, that before Sept. 29, 1662, said Tuck should pay to 
said Chubb a young cow of three years old as good as the cow that 
his son lost, as two neighbors that knew the cow should judge, etc. 
This agreement was made upon advice of the witnesses, Thomas 
Marshal,! Joseph ArmitageJ and Oliver Purchis.| 

I Autograph. 



8 SALEM QUARTERLY COURT [NoV. 

Mr. Joseph Humfries and Mr. Edmond Batters, administrators 
of John Humfrie, Esq., deceased v. Mr. Edward Collins and Mr. 
Joseph Hill, executors of the will of Mr. Henry Dunster, de- 
ceased. For selling a windmill of said John Humfries, a farm in 
Lyn and a barn. Verdict for plaintiff, the farm to be delivered 
up, and to pay 401i. for want of the barn and milne. Appealed to 
the next Court of Assistants. Mr. Joseph Hill and Mr. Walter 
Price bound. Extract from an account produced in court by Mr. 
Joseph Hill, in the 28th line, namely, "to : soe much rec : of M' 
Humfries 71" : 04« : 09^"* 

♦Writ, dated 3:9: 1662, signed by Hillyard Veren,t for the 
court, and addressed to the marshal general or constable of Maul- 
den. 

Bond of Edw. Collinsf and Joseph Hills.f Edward Mitchell- 
son,! marshal, mentioned. 

Account of the mortgage, paper addressed "To His Reu* and 
Dearly Beloued Freind M' Joseph Hills Senio' in Maldon these 
p'sent with trust." 

The debt 80 : 00 : 00 ReC* 60 : 00 : 00 

To interrest at 8 p Cent, til ) & in rentes 24 : 04 : 09 

dec : 48 : 6 years > 38 : 08 : 00 

084 : 04 : 09 
to interrest for 20" p Ann" ) 

til dec : 56 : 8 years ; 12 : 16 : 00 

131 : 04 : 00 
due to us on Ballance 046 : 19 : 03 onely what is rec** by m' Dan- 
fort Since 1656 : 
Count the Morgage to Ans the debt & interrest & so make good 
the mill at the Expiraccon of the Morgage Then it Stands thus : 
The Mill Sold at 60 : 00 : 00 want of Stock of 21 108 : 00 : 00 



years Amounts to 168 : 00 : 00 
168 : 00 : 00 



60 : 00 : 00 



due to us on Ballance 108 : 00 : 00 only what is Rec*^ 
since 1656 by m' Danfort. 
Joseph Hillsf 
Edward Collinsf 
" Novemb. 22*'> 1662 I Fran : Ingole of Lyn, Tanner is Debitor 

tAntoi?raph. 



1662] RECORDS AND FILES 9 

for the faxme Morgaged from m' Humphryes for the paying of a 
debt of 80" : 00 : 00." Creditor, by his first payt. for ye farme in 
Lin was in Spring 1648, Hi. 10s.; 2d. payt. made in mony & flax 
in Apill 1650 for 1649, 21i. 18s. ; 3d payt. due in October 1650 he 
pd. ye 5th of 7ber 1650, 31i.; fower pounds of flax left at Br. 
Ushers, 5s.; monys receud ye 25th Apill 1651, Hi. 10s.; monyes 
receiued at Mr. Ushers 13th octob. 1651, Hi. 10s.; by a bill to Mr. 
Webs in octob. 1652, 21i. 16s. 9d.; provisions deliuered to mee at 
Boston, 1653, 21i. 15s.; by the Cowe delivered to me in feb. 1654, 
5li. ; paid to Mr. Purchase for iron for the mill in 1656, 31i. ; total, 
241i. 4s. 9d. Copied from Mr. Dunster's book by Edward Collins.* 

Bill of costs of Mr. Edmund Batter and Mr. Joseph Humfrey, 
for going to Salem, Cambridge, Boston, Cape Ann and Ipswitch, 
etc., 41i. 4s. 8d. 

Account of the plaintiff's demands : For the windmilne, lOOli. ; 
barn, 301i. ; seven cattle, 501i. ; two oxen, four cows and one mare, 
501i.; total, 18011. "As for y^ eighty pounds y* some understand 
was Do from y*' plaintiff : y^ estate Dennied for that end : twenty 
one years was sufisient satisfaction." 

Copy of petition of Increase Nowell, Wm. Hibbins and Henry 
Dunster, to the much honored magistrates at Boston, Tho. Dudley, 
Govr., Jo. Winthrop, Jo. Endecott, Herbert Pelham, Rich. 
Bellingham, Rich. Saltonstall and Samuel Symonds, that 
"whereas John Humphry late of lynn Esquire Borrowed of 
christophe'' chudleigh, servant to m'' Dauis the sume of eighty 
pound in Cash for the repaying whereof the said m"" Humphry 
passed ouer for Certaine yeares his windmill at Lynn w*h a farme 
there & some Cattell thereon the which Cattell were sold away by 
some of his Agents & thereby the said farme made useless the mill 
also by reason of another watermill that was set up in the Towne 

being of litle use & no proffit in that place whe the aforesaid 

mortgage is altogether Insufficient to pay in th use of the said 

sume much lesse the stock whereupon M"" oatly frequently solicited 
us that wee would giue way to the selling of the windmill ; for the 
discharge of the aforesaid sume as farre as it will Goe. And hav- 
ing found us a chapman that was willing to giue the full worth of 
the same wee Could do no lesse than Assent unto his reasonable 
request but understanding that vnlesse you'"selves doe Consent the 
sale of the said mill will be Invalid therefore albeit a Contract w*h 
Samuell Bennet of lynn be made for the same mill yet before wee 
do fully ratify & Confirme it vnto him wee humbly desire you'^ 
Assent unto the said sale. Wee doe Conceive that it will be to 
m'' Humphrys advantage (& that w'''^ wee are perswaded he will 
Allowe of) that the mill should be p'"sently sould to help redeeme 
the land mortgaged." Copy made by Edward Rawson,* recorder. 

Copy of a lease, dated Oct. 25, 1641, given by John Humfrey of 

*Autograph. 



10 SALEM QUARTERLY COURT [NoV, 

Lynn, Esq., to Mr. Increase Nowell, of his farm and house, land 
and mill in Lynn, for twenty-one years, provided he pay from the 
profit of the farm to Mr. Joseph Davis the sum of 801i. Wit : 
Rob. Thomson and John Bulkley. Copy made by Edw. Rawson,* 
recorder. 

Copy of indenture, dated 20 : 8 : 1647, between Increase Nowell 
of Charls Towne, gentleman, and Henry Dunster, president of 
Harvard CoUedge of Cambridge on one part and Francis Ingolls of 
Lynne on the other part, the lease of the farm that was lately Mr. 
Humfreys in Lynn, lying between the windmill hill and the Lady 
Moody's farm, together with the barn, for fifteen years, said Now- 
ell and Dunster, being guardians to the children of Mr. Josse 
Glover, who had interest and title therein, at three pounds per 
year in wheat and barley, at 4s. per bushel, delivered at Meadford 
house twice each year, the first payment to be in 1648; if Mr. 
Humfrey's land be redeemed before 25 : 8 : 1662, said Ingolls was 
to be reimbursed for all repairs, etc. Copy made by Edward Raw- 
son,* recorder. 

Samuell Benet's* agreement, dated 13 : 10 : 1644, to pay 601i. in 
three years for the windmill that stands on Sagamore hill in Lin, 
if he sold it within that time, otherwise to have four years in which 
to pay the price. 

On the reverse of the foregoing paper: 

A bill delivered came to 51i. 19s. 8d.; dial cordium, 7s.; Dial 
cordium, 7s.; syrup of Corall, 2s. 8d.; populron, 3d., box. Id., 4d.; 
borax, 5d., Juice of Liquerish, 6d., lid.; total, 61i. 17s. 7d. Re- 
ceived, 61i. 10s.; remaining, 7s. 7d., to me Robert Cooke.* 

"Sam. Bennets subscription for y'' windemill Benets subscr. 
for Lin Mill 16^ 8^ of this for B' Harris." 

Francis Ingols, aged about sixty years, testified that the farm he 
had held for several years past lay waste and unimproved for about 
six years before he entered upon it. Deponent further testified 
that there had been a water mill in the town of Linn for about 
twenty years for the grinding of corn, which the town generally 
made use of, and that he knew of no stock of cattle of Mr. Hum- 
phrey's at any time on the farm as was expressed in the mortgage 
made by Mr. Humphrey, neither before nor since his improvement 
of the said farm. Sworn in court. 

Clement Cooldome, aged about thirty-seven years, deposed that 
Mr. Humfrey's windmill was worth one hundred pounds sterling 
when Mr. Henry Dunster possessed it, and was used in the town 
of Lyn more than any other mill, the water mill being frozen up 
in the winter time, and in summer there was not water enough to 
drive the same. Also, that when Mr. Humfrey's mill was sold, the 
town was put to such a straight that it was forced to build another 
tide mill. Sworn in court at Ipswich, Sept. 30, 1662, before Rob- 
ert Lord,* cleric. 

♦Autograph. 



1662] RECORDS AND FILES 11 

John Waldron v. Richd. Rowland. Trespass upon his swine. 
Verdict for defendant.* 

Daniell Salmon, aged about fifty-two years, deposed that Mr. 
John Humfrey built the windmill and placed it on Sagamoore hill 
in Lyn, and when Mr. Dunster sold it, it was as fit for use as when 
first built. Sworn in Ipswich court. 

Edward Richards, aged about forty years, deposed that when he 
was Mr. Humfrey's servant, he had charge of the windmill, etc. 
He further deposed that Mr. Humfrey left on his farm at Sago- 
moore hill two oxen, four cows and one mare when he went away 
and that the farm was in the possession of one Goodman Harper. 
Sworn in court at Salem, 26 : 9 : 1662, before Hillyard Veren,t 
cleric. 

Thomas Coldom, aged about sixty years, deposed that he tended 
Mr. Humfrey's mill two or three years off and on, as he could 
conveniently, and that it was as good and fit for use as when first 
built, except some small repair of the sails. This could not have 
made the mill so unfit for service as to be pulled down and carried 
away, for it was strongly built and good stones belonged to it, and 
he knew it to be worth one hundred pounds sterling, for he himself 
was a miller, both here and in old England, and knew what be- 
longed to a mill. The mill did not stand more than two or three 
years after deponent left tending it. He further deposed that he 
kept mills in old England and to his knowledge never kept a better 
one, and he would have given by the year to Mr. Humfrey five 
pounds and considered that he had a very good bargain. Sworn in 
court. 

Henry Collins, aged about fifty-five years, deposed that when 
the mill was taken away he and his neighbors were forced to carry 
corn to Salem to grind, the other mill in Lyne sometimes being 
dried up in summer and in winter frozen. Sworn in court. 

Daniell Salmon and Edward Richards deposed that there was a 
l^arn upon Mr. Humfrey's farm which was worth at least thirty 
pounds when Mr. Humfrey left the farm. Further they testified 
that they would freely give yearly for the farm ten pounds in its 
present condition. Sworn in court. 

Sameuell Benit deposed that the windmill was sold for all it was 
worth at that time, for there was then a water mill at Line that 
ground most of the town grist, and that there was a windmill sold 
at Salame some time afterwards for twenty odd pounds. Sworn in 
court. 

*Writ : John Waldron v. Richard Rowland and Mary Smith, 
widow; trespass upon his swine; dated Nov. 17, 1662; signed by 
Francis Johnson,t for the court; and served by John Legg,t con- 
stable of Marblehead. 

t Autograph. 



12 SALEM QUARTERLY COURT [NoV. 

John Codner v. Richd. Rowland. Trespass. Concerning swine 
killed. Withdrawn. 

Mr. George Corwin, assignee of Mr. Frances Deane v. John 
Godfery. Forfeiture of a bond. Verdict for plaintiff.* 

Tobyas Temple v. Paule Mansfeild. Batter3\ For striking him 
several blows with a paddle, to the great prejudice of his health 
and hindrance of his occasions. 

Mr. Nathanyell Saltonstall, agent or attorney to Richd. Salton- 
stall, Esq. v. Tho. Stace. For withholding or detaining 371i. 12s. 
due to plaintiff, being the remainder of the produce of the mill at 
Ipswich for about three years and a half, beginning in January, 
1658. Verdict for plaintiff. The court did not accept this verdict. 

Allen Perly v. Henry Bachelor. Non-performance of a bargain. 
For not giving him a legal assurance of land he bought of him 
and for which he paid him. Verdict for plaintiff.f 

*Writ, dated Oct. 28, 1662, signed ])y Hillyard Veren,t for the 
court, and served by Tho. Chandler,J constable of Andover. 

A note of what John Godfery has paid in to Mr. Georg Corwin 
of Salem & to Mr. Deane : Pd. him by John Tod, 71i. 12s. 6d.; 
paid by Will. Ballord to Mr. Deane, two Bushells of wheat; pd. 
Mr. Corwin by Job Tileer 10 Bushlls. wheat & halfe. 

Bond of John (his mark) Godfry of Andover to Mr. Frances 
Dane of Andover, dated June 27, 1661, for lOli. 15s. to be paid in 
wheat at the now dwelling house of Mr. George Corwin of Salem on 
or before Oct. 12 next. Wit : Walter Fayerfeldf and Robert Lord.| 
Francis Dane| assigned this bond, Oct. 27, 1662, to Mr. George 
Corwin of Salem. Wit : Jonathan Pooll| and Samuell Williames.| 

John Godfree's bill of charges, Hi. 13s. 6d. 

, aged about forty years, deposed that Job Tiller de- 
livered the wheat at the warehouse of Gordg Curwen for John 
Goodfry, etc. Sworn, Nov. 12, 1662, before Daniel Denison.| 

tWrit, dated Nov. 19, 1662, signed by Robert Lord,| for the 
court, and served by Robert Lord,| marshal of Ipswich, by attach- 
ment of defendant's farm. 

John Gage deposed that about the latter end of May last, being 
sent for to Goodman Pearly's house to give what information he 
could about the bounds of a piece of land that said Pearly had 
bought of Goodman Batchelour, he heard Batchelour's wife tell 
Pearly that she was willing to resign up her right and interest in 
the said land, and that she was glad he had bought it. Sworn, 
Nov. 25, 1662, before Simon Bradstreete.t 

Alin Perly's charges, 21i. 17s. 9d. 

{Autograph. 



1662] RECORDS AND FILES 13 

Tho. Perry v. John Emory. For seven or eight bushels of wheat 
left in his house.* 

Thomas Perly, aged about twenty-one years, deposed that "as 
my brother Samuell Perly and Nathaniel 1 Perly & I were at worke 
together, that Goodman Bachelder & my father sent for us to take 
notice of the bargaine of land which Good : Bachelder & my father 
had made, wee being Come Goodman Bachelder related the bar- 
gaine to us as thus. That he had sould all the land which he had 
lying by the pond for fifty pounds, in wheate & Cattell, vpon the 
which Goodman Bachelder delivered the land to my father, & in 
our p^'sence shewed my father the bounds of the land, & more ouer 
he hired CorpU. Gage to Come & shew the bounds to my father 1 1 
who 1 1 hath impued the land almost euer since without any moles- 
tation, & Goodman Bachelder hath feicht Corne almost all sumer 
& upon the accompt of the land & Good : Bachelder pmised to giue 
my father an Assurance of the said land when his pay was redy, 
& my father hath payd him all according to bargaine." Sworn, 
Nov. 20, 1662, before Daniel Denison.f 

Isake Cumins, jr., deposed, 20 : 9 : 1662, that he was chosen by 
Allen Perlye, with Zakeus Gould, to appraise certain cattle and 
appraised them at forty-two pounds, which they all three drove to 
Goodman Batcheller's house. The latter demanded more corn and 
fewer cattle and said Perlj^e said he had paid him forty-nine 
pounds and the remainder he would pay in wheat the next day. 
Batcheller acknowledged that he had already had some wheat, and 
Perlye told him if he was not satisfied with the appraisal, he could 
get others, but he refused. Then Goodman Perlye demanded a 
deed of land, but he did not answer. When they were gone, said 
Batcheller went after them and offered to sell Perly a pair of the 
cattle for commodities. The latter said that if he would give him 
a deed of the land, he would buy a pair of the cattle and give him 
commodities as they cost him at Salem, etc. Sworn, Nov. 20, 
1662, before Daniel Denison.f 

Antony Carrall, aged thirty years, deposed that Goodman 
Batcheller told him that he had sold this land to Goodman Perly 
and that he had a good pennyworth. Sworn, Nov. 20, 1662, 
before Daniel Denison.f 

Nathaniell Perly, aged about nineteen years, deposed that Good- 
man Bachelder paid Corpll. Gage a bushel and a half of wheat to 
show them the bounds, etc. Sworn, Nov. 20, 1662, before Daniel 
Denison.f 

Zacheus Gould deposed. Sworn in court. 

Samuel Pearlay deposed. Sworn in court. 

*Writ, dated Nov. 9, 1662, signed by Tho. Fiske,f for the court, 
and served by Anthone Mors, jr.,f constable of Newbery. 

t Autograph. 



14 SALEM QUARTERLY COURT [NoV. 

Administration upon the estate of George Smith, deceased, was 
granted to Jeffery Marsy and Thomas Rootes, who were ordered 
to bring in an inventory. 

Charles Gott, jr., was sworn constable for Wenham and Ambross 
Gale for Marblehead. 

Edw. Hillyard, attorney to Andrew Woodberye v. Paule Mans- 
feild. Debt. Due for freight of fish. Verdict for plaintiff.* 



John Emerry's bill of charges, 21i. 4d. 

John Emerry, jr., aged about thirty-five years, deposed that his 
father took pains to carry this wheat aboard John Harises boat, 
according to Thomas Peryes order. Sworn in court. 

John Godfry deposed that speaking with Mr. Juet about the 
wheat, he told him that he had received it indeed, but Pery owed 
him a great deal more, etc. Sworn before Charles Gott, Phinehas 
Fiske and Robert Gowin, commissioners. 

Letter of attorney, dated Nov. 22, 1662, given by Thomas (his 
mark) Perry to his well beloved friend, Richard Coye of Ipswich. 
Wit : Tho. Fisket and Thomas Wliite.f 

John Emery, sr., deposed that about eight or nine years ago 
Thomas Perry brought a parcel of wheat to his house to be deliv- 
ered to Mr. Juet and John Tod, about eight or nine bushels of 
wheat and about three bushels of rye. When Hareses boat came 
to gather up corn at Newbery, deponent delivered the wheat to Mr. 
Juet's account and the rye to John Tod's, and afterward told Mr. 
Juet of it, by Goodman Perry's order, etc. Sworn before Charles 
Gott, Phinehas Fiske and Robert Gowin, commissioners. 

John Emery, jr., deposed that Thomas Perry asked deponent's 
father if he could leave his wheat there until the boat came in for 
Mr. Jewett's corn, which was done. Sworn before the commis- 
sioners. 

*Writ, dated 18 : 9 : 1662, signed by Hillyard Veren,t for the 
court, and served by Samll. Archard,t marshal of Salem, by attach- 
ment of house and land of defendant. 

Letter of attorney, dated Sept. 4, 1662, given by Andru Wood- 
bery,t mariner, of Salem, to Edward Hillard, mariner, of Salem. 
Wit : John Cummingst and George Benson. t 

Bill of charges, a warrant served at Marblehead and Mathew 
Nexen, Elias Mason, Edward Hilliard and John Codner, witness 
fees, etc.. Hi. Is. 6d. 

Edward Hilliard, aged about thirty-four years, deposed, 26 : 9 : 
1662, that "I went to monheagin wth Andrew Woodbery in a 
bark; about Eight yeares in June past : and took in the Fish that 
Pawle Mansfeeld and company Cacht : and brought it to marble- 
head to Jp.° Coddners stage wheare wee dellyverd it : to Pawle 

tAutograph. 



1662] RECORDS AND FILES 15 

Arther Sandy of Marblehead had his former license renewed for 
keeping an ordinary for the ensuing year. 

Mr. John Hathorne of Lynn had his former license renewed for 
the ensuing year. 

John Bartoll was j&ned 30d. for absence from the grand jury. 

Osmand Dutch being arrested to this court by Clement Hadly 
and the plaintiff not appearing to prosecute, the said Dutch was 
allowed costs.* 

Osmand Dutch was exempted from common training. 

There was a return made that the way in Newbery marsh leading 
to the bridge was mended, which return was accepted by the court. 

Israeli and Nathan Webster, sons of Jon. Webster, deceased, 
presenting their desires in writing, together with their mother's 
consent, with Jon. Cheny, sr., Robt. Long and Wm. Elsly as wit- 
nesses, and said Israeli Webster being present in court and mani- 
festing his desire also, that his father-in-law Jon. Emory and 
brother-in-law Jon. Emory, jr., might be appointed guardians, the 
court appointed them guardians, and also ordered that the bond 
given into Ipswich court for security for the children's portions 
remain in full force.f 

John Loomes was freed from common training so long as he 
continued miller, paying 6s. yearly to the use of the company. 

Jon. Trask was freed from training, paying 6s. yearly to the use 

mansfeeld : whoe pmised to giue Andrew Woodb. a trew accot of 
it when hee had wayd it : the quantitie as neere as I Conceaue 
might be about seven or Eight score Quintalls." Sworn in court. 

Mathew Nichson, aged about forty-six years, deposed, 26 : 9 : 
1662, that he heard Pawle Mansfeeld ask Andrew Woodbery at 
Monheagin for freight in his vessel for some fish. Woodbery 
replied that he would carry it, and if not that voyage, he would 
come again for it, which he did. Sworn in court. 

Elias Masen testified that he heard Paule Mansfild say that 
Andrew Woodbery brought for him four score quintels and two 
or three of fish from Monhigen. Sworn in court. 

*Osmand Dutch's bill of costs in Russell's action, Hi. 8s. 

fPetition of Israel Webster,! aged eighteen years, and Nathan 
Webster,! aged sixteen years, for appointment of John Emery, sr., 
and John Emery, jr., as their guardians, signed also by Mary (her 
mark) Emery. Wit : John Cheney, sr.,t Robert Long| and Wil- 
liam Elsly. J 

X Autograph. 



16 SALEM QUARTERLY COURT [JunC 

of the company, provided he attend at the captain's call or 
pleasure. 

Mr. Georg Corwin was discharged of his bond for the good 
behavior of Joseph Daliver, and no person appearing, said Daliver 
also was cleared and discharged. 

Mr. John Trumboll was ordered to pay 40s. according to law 
for not prosecuting his appeal to the Court of Assistants. 

Whereas there was administration granted to John Clearke and 
Allister Greine, upon the estate of Arzbell Anderson, deceased, 
who gave bond at Salem court, 10 : 10 : 1662, and returned an in- 
ventory, this court ordered that upon the clerk's warrant to said 
John Clerk, the latter was to deliver the estate, which was 38li., 
into the hands of Allister Greime, and his receipt was to be his 
discharge.* 

Mary Smith, being summoned to appear at this court by order 
of the Ipswich court, appeared, and not being able to clear herself 
of causing much trouble to the court and divers persons by her 
passionate distempers in difference with her son Richard Rowland, 
the court ordered her to pay all costs.f 

Osmand Traske was admonished for abusing the constable and 
his assistant in the execution of his office, and was ordered to pay 
costs and Robert Hibbert's witness fee. 



♦Account of debts, dated 25 : 9 : 1662, paid out of Arzbell 
Anderson's estate, since his decease, by Oliver Purchis:| Charges 
of his Buriall, 2U. 9s. 3d.; keeping his cow In ye Herd yt. sum- 
mer yt. he dyed, 6s. ; debt to Wm. Gibson of Boston, Hi. 9s. 6d. ; 
to Captayne Savage of Boston, 2li. 14s. ; to Rowland Mackfashon's 
order, 5s. ; keeping of his cow fro ye end of ye Herd tyme untill 
ye Court tyme in December past, 7s. ; to keeping his mare and colt 
and keeping them in pasture & Winter meat until ye Court deter- 
mined in December, 10s. ; to Macam Downing, Hi. 17s. ; to John 
Hathorne, Hi. Id.; to clerk of ye Court for Copies, etc., 5s.; total, 
llli. 3s. 9d. 

fCopy of Ipswich court record of Sept. 30, 1662, dismissing 
Richard Rowland and summoning Mary Smith to next Salem 
court, also copies of all the evidence, including the depositions of 
Samuel Ward, Samuell Ebern, John Peach, sr., Goody Nichelson, 
Mary Eburne, wife of John Gatchell, Mary, wife of Elias White, 
Francis Johnson, John Legg, jr., John Legg, sr., John Gatchell, 
George Emery, Mary Trevett, Elizabeth, wife of John Legg, and 
Dorithy Cromwell. Copies made by Robert Lord,t cleric. 

JAutograph. 



1662] RECORDS AND FILES 17 

Mr. Edmond Batter, administrator of the estate of Tho. Wilkes, 
deceased, was ordered to send only 401i. of the estate to England 
to the widow, and to keep the remainder until the court takes 
further order. 

The General Court, having impowered the county court to dis- 
pose of Henry Bachelor and his wife and their estate for their 
present and future good, court ordered that Thomas Tredwell and 
Theophilus Wilson provide a convenient place for them in the 
town; also that said Tredwell and Wilson let out and dispose of 
their farm and stock for their present and future good and so they 
may have better opportunities to attend the public worship of 
God upon the Lord's days, and have comfortable subsistence pro- 
vided, and to be ready to give account to the court at any time. 

John Woolcott, who built the bridge between Newbery and 
Rowly, promised in court to make the said bridge sufficient, where- 
in it is adjudged to be defective for want of some little work to be 
performed. Woolcott promised to secure the bridge until May 
next, and the county treasurer was ordered to pay him 401i.* 

Sara Buffum, for committing fornication, was ordered to be 
whipped not exceeding ten stripes or to pay 50s. 

The wife of Robert Wilson, for ''her barbarous & unhuman goeing 
naked through the Towne, is sentenced to be tied at a Carts tayle 
with her body naked downward to her wast, & whipped from 
M' Gidneyes Gate till she come to her owne house, not exceeding 
30 stripes, & her mother Buffum & her sister Smith, that were 
abetted to her &c. to be tyed on either side of her, at the carts taile 
naked to their shifts to ye wast, & accompany her." 

This court, considering the unworthy and malignant speeches 
and carriages of John Kitchin, in open court, saw cause to remove 
him from the office of sergeant of the foot company, and he was 
admonished. 

*Thomas Burnum f and Waltter Roper, f who were chosen by 
the court to view the bridge at Nuberry to see if it were sufficiently 
built, reported on Nov. 27, 1662, that they "viewed it the last 
secontt daye and find some defectts which hee hath mended what 
the tim hath aforded him too doe and will ingage too doe the rest 
as oppertunity serves and tell itt bee don will ingage too the 
honoured coartt too secure the brege and that being done which 
hee ingageth too doe v/ee supose itt may bee sofichent." 

"f Autograph. 



18 SALEM QUARTERLY COURT [NoV. 

Mr. Gedney had his former Hcense renewed for one year. 

Mr. Tho. Gardner had Hberty granted him to sell at retail what 
strong waters he had on hand. 

Elyas Stileman, administrator of the estate of Elyas Stileman, 
sr., deceased, was given liberty to perfect the inventory and bring 
it in ^o the next Ipswich court. 

Whereas some one in behalf of Mr. Richd. Stileman asked this 
court for liberty to keep an ordinary in Salem, the court answered 
that if said Stileman come to Salem and have the consent of the 
selectmen of Salem, and accordingly begin upon the work, he would 
not be liable to any damage until next Salem court, and then if the 
court see cause, he should have a license 

Worshipfull Major William Hathorne was impowered to end 
those presentments that this court did not hear and end, concern- 
ing such persons as did not frequent the public ordinances, and 
also Nathall. Carrell for stealing. 

Mr. Croad had license granted him to sell strong waters at retail 
for the year ensuing. 

Mr. Georg. Corwin, Mr. William Browne, Mr. Edmond Batter, 
Mr. Walter Price and Mr. Woodcock had their licenses renewed 
to sell strong water at retail for the ensuing year. 

Will* of George Farr was presented to this court and proved bj?- 

*Will of George Farr of Lynn, dated July 1, 1662, proved 26 : 9 : 
1662 : " My will is that my sonne John should haue the lot of 
ground that lieth betwen the ground of Captan martialls and the 
ground of goodman winters allso I giue tow acers of salt march 
which is in Roumly march to my sonne John to him and his ares 
for euer Also it is my will that my sons lazerous and Bengamin 
should haue my hous and all the land About it and the lot that 
lyeth near the land of Captan ] | martiall 1 1 and iohn lueces to them 
and to thare ares for euer and if onny of them die before he be at 
age then thare porshon shall goe to my sones that doth life ether 
iohn lazerous or Bengamin Also it is my will that my wife shall 
haue hare thirds of all my estat so long as she doth reman a widdow 
but in Gas shee should marry then hare thirdes should sease and 
shee shall haue that which shee and hare sones shall Agree for and 
after har desease hare thirds shall goe to my three sones namely 
iohn lazerous and Bengemin Also it is my will that my sone ioseph 
shall haue fifty shillings when he Comes to age Also it is my will 
that my four douter[s] namly mary marthr : Elizebeth and sarah 
shall haue fifti shilins apese and mary and martha should haue it 
paed to them tow yeare after my desease and that Elizebeth and 



1662] RECORDS AND FILES 19 

oath of Henry Silsby and allowed, as was also an inventory* 
amounting to 10811. 8s. 

The servants of Mr. Gidney's house were allowed 6s. 8d. 

Fined by Worshipfull Major Wm. Hathorne : On 1 : 6 : 1662, 
Tho. Lyon fined 10s. for unlocking a door and stealing; on 24 : 
6 : 1662, Frances Capes, Capt. Moore's man, fined 20s. for swear- 
ing more than once ; on 17 : 9 : 1662, Paule Mansf eild fined 20s. 
for breach of the peace and striking Tobias Temple. 

Presentments brought into court, 28 : 9 : 1662, and found: 
These several persons were fined for frequently absenting themselves 
from the public ordinances on the Lord's days, John Kitching, wife 
of Robert Buffum, Phillip Veren, the wife of John Suthwdck, John 
Smale, wife of Henry Trask, Mihill Shaflin, Hana Burton, wife 
of Richd. Gardner, Damorice Pope, 131i. for fifty-two days, each; 
wife of Anthony Needham, 51i. for twenty days; Samuell Shattock 
and his wife, 151i. each for sixty days; wife of Robert Wilson, lOli.; 
wife of Mr. Tho. Gardner, 40s. ; John Mastone, 71i. 10s. ; wife of 
Robert Stone, wife of John Smith, wife of Joseph Pope, Danyell 

sarah shall haue thares paed to them foure yeare after my deseas 
Also it ||is|| my will that i|my|| mare and Cattel and my housould 
goods shall be for the euse of my famely It is my will m'' laton and 
Francis Burrill and allin Brad inner shall be the ouerseers of my 
wif and Children." George (his mark) Far. Wit: Henery Sills- 
beyt and Francis Burrillf 

*Inventory of the estate of George Farr, deceased, taken, 24 : 
9 : 1662, by Henry Collins, sr., f and Henery Sillsbey:t Beding, 
Hi. 10s. ; baggs, sifes and roopes, 1 li. 2s. ; a table and forme, 12s. ; 
pcell of barrells, wheels, chairs and forme, 13s. 6d.; pcell of milking 
vessels and barrells, a churne, 17s.; one pottage pot, one kettle, 
a smothing Iron, one fr^dnge pann & a paire of tongs, 17s.; five 
old Axes & one spade, lis. 6d.; one cart roope, 8s.; tow siths, tow 
forkes and a handsaw, 7s.; one muskett and a sword, 15s.; one 
pcell of old bookes and tow pots & old pecke and a paire of spininge 
cards, 6s.; one bettle & wedges, 4s.; thirty Bush, of Indian corne, 
41i. 10s. ; one weavers lume wth the tacklings, 2 li. ; one cart and 
whels and one plough with the tacklings. Hi. 10s.; one paire of 
oxen, 121i.; tow cows, 81i.; one heifer, lli. 15s.; one calfe. Hi.; 
three hoggs, 4H. 10s.; tow piggs, 10s.; one mare, 8H. 10s.; one 
dwellinge house and some outhousinge wth. the lote it stands upon, 
201i. ; eight acres of upland, 16U. ; eight acres more of upland, 161i. ; 
tow acres of salt marsh in Rumley march, 51i. ; total, 10911. 8s. 

t Autograph. 



20 SALEM QUARTERLY COURT [NoV. 

Sothwick, Provided Sothwick, Samuell Gaskill and Joseph Boyce, 
each, 6h. 10s.; Josiah Sothwick and his wife, 131i.; also the wife 
of John Smale, John Blevein, John Burton, sr., Joseph Pope and 
Robert Stone were convicted of being frequently absent from the 
public ordinances.* 

Fined by the worshipfull Major Wm. Hathorne : On 13 : 10 : 
1662, William Mastone, 61i. 10s. for twenty-six days' absence from 
public ordinances; John Smith and Nathanyell Tompkins, for 
frequent absence; Nathaniell Carrell,t 20s., for stealing three 
pecks of wheat and a bag out of the mill. 



*The wife of John Kichine, wife of Phihp Verin, Nickalas Phelpes 
and his wife, wife of John Small, Richard Gardoner, Willam Mas- 
ton, wife of Gorge Gardener, John Hill and Mary Kichine were 
also presented. Wit : William Flint, Thomas Rootes, John 
Neill and Anthony Buxton. 

fJohn Trask,! aged twenty years, and John Ward, J aged twenty 
years, deposed, 25 : 4 : 1662, that they heard that the mother and 
wife of Nathanyell Carill said that he had told them he had stolen 
the wheat, and Carill told deponents he threw the bag into the 
river, showing them the place where he threw it. 

Inventory of the estate of Thomas Smith, late of Salem, deceased, 
taken, 17 : 4 : 1662, by Jefferie Masseyl and Tho. Rootes :t A 
dwelling house and quarter of an acre of land, 181i.; one Cowe, 
41i.; 3 sheepe & 3 lambes, 21i. 10s.; 1 sowe, swyne & 2 shuits, 21i. 
8s.; 1 feather bed, 3 feather boulsters & 4 feather pillows, Sli.; 
2 beds fild wth. Flockes & otherwise, 21i.; 1 halfe head bedstead & 
2 other bedsteeds, Ih. 4s.; 1 Greene Pott Rug, Ih. 8s.; 2 white 
blankets, Hi. 5s.; 2 bed Coverings, Hi. 10s.; 5 payre of Canvas 
sheets, 21i. 10s.; 5 payre of pillow beeres, 18s.; 5 table napkins, 
12s.; 2 pewter dishes, 5s.; 1 pewter quart & 1 pewter pint, 7s.; 

5 sawsers of pewter, 2s. ; 1 beaker, 1 Cupp, 3 potenshees, 1 Candle- 
sticke & 1 salt, 12s.; 2 basons, 1 Chamber pott, 1 brass candlestick 

6 2 bras cups, 15s. ; 2 brass ketles, 21i. 15s. ; a little brass ketle & 
a brass skellit, 6s. ; 2 Iron pots & one Iron possnett, 18s. ; 1 truncke, 

1 Chest, 12s.; 2 Frying pans and a warming pan, 12s.; 2 spits, 

2 hakes, a gridiron and five shovells & tongs, 16s.; over sea dishes 
of severall sorts, Hi.; 6 Cheares & 2 litle tables, 12s. 5d.; 2 hogs- 
hed barrells and other treene ware. Hi.; sword, musket & banda- 
lires, Hi. 6s. ; 31i. wool, 4s. ; a shuete of apell, viz., Coate & breeches, 
21i. 10s.; Coate, briches & wascote, Hi. 15s.; 1 hatt, 8s.; 1 payre 
of shag, 1 pare of stockens, 10s.; 2 shirts, 12s.; 2 shirts, 10s.; total, 
631i. 15s. Debts out of the estate, 341i. 9s. 5d. The widow was 
not able to come to court, but the inventory was allowed at Salem 

J Autograph. 



1662] records and files 21 

Court held at Ipswich, Mar. 31, 1663. 

Judges: Mr. Simon Bradstreet, Mr. Samuell Symonds, Major 
Genii. Denison, Major Will. Hathorne and Mr. Edward Woodman. 

Jury of trials : Lt. Samuell Appleton, Joseph Mettcalf e, Thomas 
Bishop, Mr. Samuell Rogers, Thomas Low, Robert Day, Hercules 
Woodman, Robert Addams, William Cottle, James Barker, Eze- 
kiell Northend, William NicoUs and Sergt. Rich. Jacob, in Lin 
actions. 

court, 26: 9: 1662, and the estate given into the hands of the 
widow for the bringing up of the children. 

Execution, dated July 21, 1662, against Edward Calcord in 
satisfaction of a judgment granted John Hathorne at Salem court, 
26: 9: 1661, signed by Hillyard Veren,* cleric. Samuel Archard,* 
marshall, on July 22, 1662, appointed John Clearke of Hamersmith 
his deputy. 

Execution, dated Aug. 10, 1662, against Richard Ormsby in 
satisfaction of a judgment granted John Godfery at Salem court, 
June 24, 1662, signed by Hillyard Veren,* cleric. Samuell Ar- 
chard,* marshal, on 24: 7: 1662, appointed Robert Lord,* marshal 
of Ipswich, his deputy, who attached ninety-six acres of upland 
and six acres of marsh, appraised at four score and sixteen pounds, 
belonging to said Ormsbee. The appraisers were John Sevrance 
of Salsbury, John Emery of Newbery and Robert Lord of Ipswich. 
Bond of Jeremiah Jewett.* 

Execution, dated June 26, 1662, against Jonas Moore in satis- 
faction of a judgment granted Mr. Peeter Duncan at Salem court, 
June 24, 1662, signed by Hillyard Veren,* cleric, and served by 
Thomas Judkins,* constable of Glosester, deputy of Samuell 
Archard,* marshal of Salem. Peter Duncan's* receipt to the 
constable, dated July 5, 1662, for eight pounds, four shillings. 

Walter Roper's bill of cost against the town, going to Newbury 
and Salsbury, Ih. 2s. 2d. 

Walter Roper's bill of cost against William Sanword, going to 
Newberey, Hi. 4s. 

Walter Roper's bill of cost against William Eiffer, going to 
Newberie and Salsberey, Ih. Is. 8d. 

John Emery's bill of cost, Ih. 10s. 6d. 

Bill of cost of James Barker, Tho. Wood, widow Smith, Marke 
Prime, John Tod, John Grant and John Dresser. 

Job Tiller's biU of cost, 2h. 17s. 6d. 

Goodwife Griffen's bill of cost, lU. 17s. lOd. 

Bill of charges of Lt. Samll. Appleton, for services of Ro. Day, 
John Tod, CorpU. John Whipple, Tho. Clarke in attachment of 
Willm. Assee, 12s. 7d 

* Autograph. 



22 IPSWICH QUARTERLY COURT [Mar. 

Civil cases: — 

Cornelius Walldo v. William Warener. For shooting his horse. 
Withdrawn. 

Sarauell Plummer v. Charles Browne. Trespass. Verdict for 
plaintiff, the heifer to be his.* 



*Writ: Samuell Plumer v. Charles Browne; trespass; for tak- 
ing up a heifer of his from Nubury Neck, which he had bought 
of Thomas Hale, jr., and refusing to deliver her; dated Dec. — , 
1662; signed by Robert Lord,t for the court; and served by John 
Palmer, deputy constable of Rowley. 

Summons to Charls Browne of Rowly, dated Mar. 23, 1662, and 
signed by Robert Lord,t for the court. 

Samuell Plumer'sf bill of costs, lU. 19s. 4d. 

John Hopinf deposed that two years ago last Micklemas Charls 
Browne lost a black heifer, and at the same time there was a beast 
killed at a place called "the straits as we go to the ry field." He 
also heard Browne's wife say that she feared it was their heifer, 
etc. Sworn in court. 

Thomas Hale, jr.,t deposed that the heifer came of a black cow 
which he sold to brother Lambert and that she was a very poor 
calf. The first two winters they gave her a great deal of bread 
and corn to keep her alive. He put her in the Rowley dry herd 
and she had the same ear mark as his other cattle, the top of the 
left ear cut off and a slit down the top of the right ear, and was 
also branded on the horn with his brand mark, like his other cattle. 
Sworn in court. 

Andrew Heddan, aged about forty years, testified that after the 
heifer was put into the dry herd, he told the wife of Charls Brown 
that he saw her in Rowley common field upon John Harris's ground, 
but his time of keeping the cows had expired and she must look 
after it herself. He further testified that about midsummer this 
heifer and two small cattle left the dry herd, came to the town and 
went with the cow herd, keeping constantly about Charls Brown's 
yard. 

John Lambert, aged about thirty-four years, deposed that he 
heard Mary, wife of Charls Browne, say, etc. Sworn in court. 

John Poore, sr.,t aged about forty-six years, deposed that 
Thomas Hale, jr., of Newbury bred four calves in the year 1659, 
and their cattle went constantly together to his spring to drink. 
This heifer in controversy was one of the four, etc. Sworn in 
court. J 

John Poore, jr., aged about twenty years, also deposed. Sworn 
in court. 

t Autograph. 

t Shorthand written on reverse of this paper. 



1663] RECORDS AND FILES 23 

William Pritchett v. Anthony Carroll. Trespass For keeping 
possession of a house and land. Verdict for plaintiff.* 

Hanah Poore,t aged about fourteen years, deposed that she 
went to hve with Thomas Hale, jr., of Newbury, Apr. 8. 1661, 
and remained a year, and the heifer in controversy is the same 
heifer that belonged to said Hale, it being very much like a heifer 
of her brother John Poore's. Sworn in court. 

John Hobkinson, aged about seventeen years, deposed that in 
the year 1660 he saw Charls Brown's heifer shortly before winter 
in the farm commonly called Mr. Dummer's farm, hard by New- 
bury gate, etc. Sworn in court. 

*Writ: William Pritchett v. Anthony Carroll; trespass ;_ for 
keeping possession of a house and land, which was sometimes 
Frances Ursleton's, and now the said Pritchett's by the sale of a 
mortgage from John Godfry to him; dated Mar. 23, 1662; signed 
by Robert Lord,t for the court; and served by Robert Lord,t 
marshal. 

Whereas there was a mortgage of a house and land to Frances 
Urselton given by John (his mark) Godfry for the payment of 
fifty odd pounds to said Godfry at the end of two years next March, 
the latter extends the time two years longer; dated Nov. 30, 1659. 
Wit: George Emeryf and Robert Lord.f 

Robert Lord deposed that the writings which he made were 
upon the consideration of a judgment that Frances Urselton had 
obtained, etc. Sworn in court. 

Sale of mortgage by John (his mark) Godfry || of Andover to 
Wilham Prichctt of Ipswich, for 591i. 9s. 8d., of a house and land 
which was mortgaged to said Godfry by Francis Urselton, situate 
in Topsfield, and containing twenty-six acres, bounded by a ledge 
of rocks on the north, Mr. Baker's meadow on the west, a brook 
from Mr. Baker's meadow on the south and by a brook from the 
pond on the east; dated Nov. 16, 1660. Wit: Robert Lordf and 
Mary Lord. Acknowledged, Nov. 16, 1660, before Daniel Deni- 

son.f 

Mortgage deed, dated Feb. 17, 1658, Frances (his mark) Ursel- 
tonjl of Topsfield to John Godfrye of Andover, his dwelling house 
and all his land in Topsfield, which he bought of Daniell Clarke, 
containing about twenty-six acres, for 591i. 9s. 8d., to be paid in 
1662, in wheat at 4s. 6d. per bushel and Indian corn at 2s. 8d., at 
the dweUing house of Phillip Fowlar in Ipswich. Wit: Robert 
Lordf and Philip Fowler. Acknowledged, Feb. 17, 1658, before 
Daniel Denison, John Godfrey promising to return this mortgage 
to Francis Usselton if he, the said Godfry, died within the four 
years. 

t Autograph. 

II Seal. 



24 IPSWICH QUARTERLY COURT [Mai*. 

Sergt. Andrew Mansfield v. John Hathorne. Slander. In charg- 
ing before the church, etc. Verdict for plaintiff. The defendant 
was to make a pubhc acknowledgment in the meeting house at 
Linn within thirty days. Not consented to by the court.* 



John and Thomas Kimball deposed that they were present when 
Pritchett took possession of the house, and the latter left orders 
with the wife of Anthony Carrill that if her husband would remain 
there he must come and agree with said Pritchett or else provide 
himself elsewhere. 

*The writ dated Mar. 11, 1662-3, whereby John Hathorne was 
attached upon complaint of Andrew Mansfield in an action of 
slander for breaking the ninth commandment in bearing false 
witness against him, was declared void. 

Writ: Andrew Mansfield v. John Hathorne; slander; charging 
him before the church at Linn the last summer that he had broken 
the ninth commandment in bearing false witness against his neigh- 
bor in the testimony he had given at Ipswich court, and at another 
church meeting, also charging him with the same; dated Mar. 18, 
1662-3; signed by Tho. Fiske,t for the court; and served by 
Allen Bread,t constable of Lin by attachment of defendant's dwell- 
ing house. 

"Reverend & loveing Friends & brethren, wee understand that 
Jo: Haythorne hath accused And. Maynsfeild & Langley in 

the Ch: of Lyn for giveing a false test, agst himself e & Z. Collins 
att the Court of Ipswich in March was 12 month & for w''^ the s*^ M 
& Longly stand convicted in y"" Church & finding himself greived 
thereat hath brought this complt. agst the s^ Haythorne in seurall 
acconts of scland' w"^ hath had a full & imptiall heareing & due 
examinacon & by the virdict of the Jury the s*^ H found guilty 
now because it is much to be desired that contrary indgement in 
one & the same case may be prevented if possibly it may be at- 
tained & one power not || to || clash agst the other wee thought it 
expedient before wee giue iudgement in the case to comend the 
same to the serious consideracon & further examinacon thereof of 
the church wee doubt not but there hath bene err''s more then a 
few both in the words & carriage of all the pties (though not the 
crime alleadged) w*'^ if it may please god to putt into their hearts 
to see & owne soe as may giue the Church optunyty & cause to 
change their mynd & reverse sensures soe farr as concernes the 
pticular case in question wee hope it wilbe acceptable to god satis- 
factory to II orselues & 1| others & the beginging of y' owne peace 
& quyet, the disterbance whereof hitherto wee are very senceable 
of & shall att all tymes be ready to afford yu o"^ best releife as wee 
may haue optunity or cognisance thereof & had you beene pleased 

•j-Autograph. 



1663] RECORDS AND FILES 25 

before y"^ final conclusion to haue giuen us the grounds of your 
offence wee should kindly have resented such a request, and, 
probably much of your trouble might have beene prevented 
wee haue deferrd giuing iudgment in this case till the next Sessions 
of this Court to see w* effect this o'' mocon may haue the god of 
peace & wisedome giue you understanding in all things & guide 
you to such conclusions in this & all other causes of consequenc 
as may be agreable to his will & conduceing to y^ peace & welfaire. 
soe prayes 

"Apr. 4 . 63 ¥■■ lo: Friends & brethren 

''Robt Lord Clerk 
'' by order of the County Court 
"at Ipswich." 
"Reverend & beloved 

"Wee are very sorry our endeauors haue not produced that effect 
wee hoped and desired but seemes to haue beene interpreted con- 
trary to our intentions (& wee conceiue our words) as an incroach- 
ment upon and destruction to the right or power of the chhs, wee 
haue beene taught & doe verily beleeue the ciuil and eclesiastical 
power may verj^ wel consist, and that no cause is so purely 
eclesiastical but the ciuil power may in its way deale therein, wee 
are farr from thinking the chhs haue no power but what is deriued 
fro the chtian magistrate or that the ciuil magistrate hath eclesi- 
astical power, yet may and ought this matter so requiring take 
cognizance and giue judgment in eclesiastical cause not in a chh 
but ciuil way wee suppose wee haue kept much within these 
bounds in the case that hath beene before us and that our opinnions 
& practice heerein hath beene as cleare from eclesiasticisme as 
some mens assertions haue beene from the opposite error the 
declared Judgments of our congregational divines in that point 
wee owne & desire to regulate our proceedings accordingly The 
God of order guide all o"^ administration to his glory and the peace 
& edification of his people. 

"By order and unanimous consent 

" of the county court sitting at Ipswich 
"May 5th 1663 

"p me Robert Lord cleric." 

John Longlye, aged about twenty-three years, deposed that he 
heard John Hathorne charge Andrew Mansfeild before the church 
at Lynn in the meeting house, saying "I charge you with beareing 
false wittnesse against mee & others conserned in the testimonye 
you swore unto at Ipswich Court," and that he would prove it by 
the papers he had given to the church. Mansfeild said he never 
understood that to be his charge and said Hathorne asked him 
where he had been all this while. Mansfeild replied, "Just where 
I am now." This matter was in hand before the church a con- 



26 IPSWICH QUARTERLY COURT [Mar. 

Samuell Ingalls, attorney to Mary King v. Twifoote West. For 
refusing to deliver a colt. Verdict for defendant.* 



siderable part of the last summer. Sworn, 25 : 1 : 1663, before 
Wm. Hathorne.f 

Richard (his mark) Johnson, on Mar. 12, 1662-3, deposed the 
same. Sworn, 27 : 1 : 1663, before Wm. Hathorne.f 

John Mansfeild,t aged about forty-four years, deposed. Sworn, 
25 : 1 : 1663, before Wm. Hathorne.f 

Robert Coates, aged about thirty-six or thirty-seven years, 
deposed. Sworn, 25 : 1 : 1663, before Wm. Hathorne.f 

Thomas Couldam, aged about twenty-five years, deposed. 
Sworn, 25 : 1 : 1663, before Wm. Hathorne.f 

Robert Lord, marshal, and William Longlye, aged about forty- 
eight years, deposed. The latter said that he heard marshal Robert 
Lord tell Andrew Mansfield that he had taken John Hathorne's 
horse by execution, and would have said Mansfield appraise it, 
which he did and the marshal delivered the horse to deponent, etc. 
Mary Longlye testified to the same. 

*Writ, dated Mar. 21, 1663, signed by Robert Lord,f for the 
court, and served by Robert Lord,f marshal, by attachment of 
house and land of defendant. 

Caleb Kimball deposed that Samuell Ingalls came to his house 
and asked him if he did not know the colt that Twiford West had 
taken up for a stray, and he said he did. They tried to find the 
colt and could not. This colt had a piece of his ear cut off. Sworn 
in court. 

John Jewett deposed concerning the colt. Sworn in court. 

Dannell Ela and Josua Boynton deposed that the colt which 
West took up had no earmarks. Sworn in court. 

John Knoulton deposed that when Samuel Gagge marked the 
colt, he desired John Griggory and himself to hold the colt, and 
the only mark he gave was a small cut on the side of the right ear, 
and only a drop or two of blood followed. John Greggory affirmed 
the same Sworn in court. 

Deposition of that Samuell Ingalls' sister Mary 

King brought a horse colt which was kept with a horse of Good- 
man Goodhews, etc. Sworn in court. 

Thomas Verny deposed that the mare and colt which Goodman 
Ingals had in his possession of his sister Mary King, were in de- 
ponent's keeping part of the winter before the colt went away. 
The colt had many gray hairs about his head. Deponent could 
find no mark upon the colt after Sam. Gage said he had marked 
it, and Goodman West refused to let them see it, after it had been 
taken up as a stray. Sworn in court. 

t Autograph. 



1663] RECORDS AND FILES 27 

Jonathan Singletary v. John Godfry. For not giving plaintiff 
a general acquittance. Verdict for plaintiff, an acquittance from 
the beginning of the world to Feb. 18, last.* 

Samuel Ingals deposed that coming home late one night when it 
begun to be dark, he met Samuel Gage and deponent ask him if 
he had found his colt and he said he had. " I asked him whear he 
was and he said thear he is and I said no that colt by the hege is 
min and he said he had marked him he thought and I tould him if 
he had marked him he had beter have let him alone." Sworn in 
court. 

John Gidding deposed that he saw the colt with Goodman Good- 
hew's horse about Avrill hill, etc. Sworn in court. 

Thomas Clarke, aged about twenty-five years, deposed. Sworn 
in court. 

Richard Coy, Edward Neland and John Lambert deposed. 
Sworn in court. 

Thomas Kimball deposed that he met Samuell Ingalls at the mill 
last summer, who asked him how he could see the colt when his 
withe was off. Deponent replied that if he had been with him the 
last week he might have seen him without his withe, and further- 
more told Samuell that he had snarled himself in telling several 
different stories, etc. 

*Writ: Jonathan Singletary of Haverill v. John Godfre; for 
notgivingplaintiff a general acquittance, etc.; dated 27 : 12 : 1662; 
signed by Thomas Leaver, f clerk, and served by Robert Lord,t 
marshal. 

Jonathan Singletary's bill of charges, for journeys to Newbury, 
Ipswich and Andever, 31i. 4s. 6d. 

Richard Singletarey, aged about seventy years, deposed that 
he and Thomas Blomfield being at Ipswitch upon Feb. 18, last, as 
agents for Jonathan Singletary who was then in prison upon 
several executions of John Godfres, they tendered said Godfre a 
parcel of land in satisfaction of said execution. "John Godfre 
s** y® Land I will neuer medle w'** except y'' Law Constraineth me 
to take it & so turned his back nay staye John s*^ one of us & lett 
us haue a f ewe words w^** you o' Coming is to make A full & fineall 
end bettwene Jonathan & you if we Can w*^ out any more law well 
sayed godfre as for y® land I will not medle w*^ but if you will 
fetch me or pay me in goods for these executions which he is now 
in prizen upon I will giue him A full & generall aquitance of all 
debts & deues & all things," etc. Godfrey said he would take the 
goods whenever they were brought to him. Sworn, 24 : 1 : 1662, 
before Simon Bradstreete.f 

Theophilus Wilsonf certified to Godfres having received the 
goods, etc. Sworn in court. 

t Autograph. 



28 IPSWICH QUARTERLY COURT [Mar. 

William Warrener v. Cornelius Waldo. For not performing 
the covenant of his indenture. Verdict for defendant.* 

]\Ir. Anthony Crosbye v. John Pickard. For non-performance 
of a bargain. Verdict for plaintiff. Seven hundred acres to be 
set out to him within three months' time. The court did not 
accept the verdict.f 



Thomas Blomfield testified that Godfre once offered to settle 
for a great deal less than was afterward paid, etc. Sworn in court. 

*Writ, dated Mar. 16, 1662, signed by Robert Lord,t for the 
court, and served by Robert Lord,t marshal. 

Richard Brabrook deposed that Mr. Walldoe sold Wilham 
Wariner to him "hving or dying staying or runing, and all the 
Clothes he had when he came to me were hardly worth the taking 
off the dunghill except a payre of shews." Sworn in court. 

James Ford deposed that when Wilham Wariner's time was 
nearly out, Mr. Walldoe asked whether he would give him three 
months' more work to compensate for the time he had misspent or 
go to prison. Deponent said that when Wariner ran away, Mr. 
Walldoe severely punished him for it, and that said Wariner 
would have gone over the river to ask counsel, but Walldoe would 
not let him. Sworn in court. 

Fransis Norwood deposed. Sworn in court. 

Reanalld Foster deposed that when Mr. Walldoe dwelt at towTi. 
he put Wariner off to Goodman Coy, and said to deponent, "I 
wounder how men doe use servants that they run away, for he 
never run away from me." Sworn in court. 

Indenture of Willem (his mark) Worrenr, dated May 28, 1657, 
to serve his master CorneUus Walldo three months longer, June, 
July and August, in consideration of misspent time. He released 
his master of one suite of clothes which was expressed in the inden- 
ture, said W\aldoe promising to give him one suite which Mr. Ipes 
was to help him to, also one new hat, one new pair of hose and 
shoes and two shirts. Wit: Fransis Norwood and James Foord. 
fWrit, dated Mar. 12, 1662-3, signed by Thomas Leaver,^ for 
the court, and served by John Todd,t constable. 

Agreement, dated Nov. 22, 1657, between Anthony CrosbeJ 
and John Pickard, J both of Rouly, the former selling by way of 
exchange all the land he bought of Goodman Boyes, bemg thirty- 
seven acres, for seven hundred acres of land, "W^h are the right off 
5 lots one belonging to John Pickerds owne lott one toe aker lot 
more one half to aker lott 1 to aker and half lots this 700 akers off 
Land lyes in rouly uiliage 400 akers of W'h land is Already laid 
outt on partt att aplace called the uilige Plaine bounded on one 
side by rouly line on the other side by the high way to andiuer 

X Autograph. 



1663] RECORDS AND FILES 29 

William Longly v. John Hathorne. Slander. Verdict for plain- 
tiff. The defendant was to make a public acknowledgment in 

the other 300 akers is itt to layout w^h 300 Akers akers is to ly nigh 
ajoying to the fore said 400 akers and is to bee Judged by indiferent 
men to be as good and convenient as 300 akers of the fore said 400 
akers," etc. Said Pickerd, in consideration of the aforesaid land, 
agreed to give twenty pounds in merchantable wheat and barley, 
half by Jan. 1 and half by next Mickelmas. The farm Crosbe 
sold was called Manins farm. Wit: Ezekell Northendf and 
Jonathan Platts,t who made oath in court. 

Deed, dated Mar. 22, 1661, John PickardJ to Mr. Anthony 
Crosbie, seven hundred acres, bounded on the east partly by the 
line between the village land and the town land and partly by 
land laid out to Ezekiell Northend, on the north by a pond and a 
highway, on the west by land reserved for a minister's lot, and on 
the south by the highway to Andever. The rest of the land on the 
south-west side of the highway was bounded on the south by land 
of Thomas Dickinson, on the west by land belonging to Tops- 
feild men and John Pickard, running on a straight line from the 
white oak tree which is the Topsfeild men's northeast corner to 
another white oak tree near Dickinson's other land, and on the 
north by said Dickinson's where it joins upon a pond, the pond 
being the bounds until it reaches the brook that flowed out of the 
pond, and so along until it cleared a chanally place that is an 
ordinary way under the brook, then by the minister's lot, keeping 
clear of a meadow, lying north of a pine swamp and pond until 
it comes to a walnut tree on the Andevor way, the latter being the 
east bounds, etc. Wit: Robert Lord,t marshal, and John Paine. f 
Recorded in Ipswich court records, folio 65, by Robert Lord.f 
recdr. Acknowledged, Mar. 22, 1661, before Daniel Denison.f 

Mr. Crosbye's bill of costs, 3H. lis. 

John Pickard's bill of costs, 2h. Is. 

Samuell Brocklebanke, aged about thirty-five years, deposed 
that John Pickard and Mr. Anthony Crosbie were at his house 
and the latter asked him to write a deed of some land that said 
Crosbie had sold to Pickard. Crosbie said he did not remember 
that he had sold any more land in the village land except the right 
of those three lots he had bought of Robert Swan, but he told 
Pickard if he owned any more there that he had sold him all, 
excepting the land that he had bought of the said Pickard and the 
two hundred acres that he had bought of deponent. He further 
promised that he would get said Pickard deeds of security from 
Robert Swan. They also agreed that the twenty pounds were 
paid part by the meadow and the rest at Mr. Jewet's and John 
Tod's. Sworn in court. 

t Autograph, 

t Autograph and seal. 



30 IPSWICH QUARTERLY COURT [Mar. 

Linn meeting house within thirty days The court did not con- 
sent to this verdict.* 

Ezekell Northend, aged about forty-one years, deposed that 
after he had agreed with John Pickard in behalf of Mr. Crosbie, 
etc. Sworn in court. 

Anthony Asten, aged about twenty-seven years, deposed that 
being at Boston when Mr. Crosbie was ready to go to England, 
the latter employed him to write some letters to send to his friends 
at Rowley. Among them was one to Goodman Northend, in 
which he gave said Northend authority to agree with John Pick- 
ard in his behalf, etc. Sworn in court. 

John Mighell deposed that he heard John Pickard say that he 
intended that Anthony Crosbey should have a certain parcel of 
land in the village, and he would have had it if they had not 
quarrelled. But he had saved a hundred acres by it. Owned in 
court by John Pickard. 

James Bayley, aged about fifty-one years, deposed that he, 
Ezekiel Northend and Sameull Brocklebank were present when the 
land was laid out to Mr. Crosbie, and they laid out more to said 
Crosbie than the agreement called for. When the bounds were 
agreed on and marked, said Northend promised that paper called 
articles should be burned or made void. Sworn in court. 

Ezekell Northend, aged about forty-one years, deposed that, 
when Pickard and Crosbie had differed about the land, deponent 
received a letter of authority from Mr. Crosbie, etc. Sworn in court. 

Samuell Brocklebank testified that the Rowley lot layers esti- 
mated the village land in the proportion of two hundred acres of 
upland and eight acres of meadow to the right of a two acre lot 
and so proportionally to lots greater or lesser, the acre and half 
lots right being but the third part of a two acre lots right. Sworn 
in court. 

Ezekill Northen deposed that he was one of the lot layers and 
that John Pickard had only one hundred and ten acres of village 
land laid out to him. Sworn in court. 

*Writ, dated Mar. 18, 1662-3, signed by Tho. Fiske,t for the 
court, and served by Allen Bread, f constable of Lin, by attach- 
ment of the land and orchard of defendant. 

John Fuller,t Thomas Newhall,t Thomas Marshallf and Oliver 
Purchisf certified that at a church meeting in the cause of WiUiam 
Longly in Lynn, "John Hathorne asking William Longly what he 
looked upon to be a tender of land to an execution the sd longly 
answered that is Henry Collins had said this is my owne land take 
that for yo"" execution." Sworn in court. 

Copy of the execution of Oct. 14, 1661, made by Robert Lord,t 
cleric. 

t Autograph. 



1663] RECORDS AND FILES 31 

John Mansfeild, aged about forty-four years, deposed that at a 
church meeting at Mr. Whitting's house, John Hathorne, charged 
WiUiam Longley with the breach of the ninth commandment in 
bearing false witness against his neighbor. Said Longley asked 
said Hathorne who that neighbor was, and he replied against him 
and Henry Collins. Sworn, 27 : 1 : 1663, before Wm. Hathorne.* 

Allexander Brabiner, aged about fifty years, deposed. Sworn 
in court. 

Nathaniell Hanforth,* aged about fifty-four years, deposed. 
Sworn, 28 : 1 : 1663, before Wm. Hathorne.* 

Jonathan Wallkett* testified that "being at the house of Henry 
Colhns when the Marshall (as they called him) of Ipswich was there 
to leuie an excecution (as he said) after the excecution was read & 
goods demanded by the s*^ Marshall: Henry CoUinges said after 
he had made an excuse: it not being his propper debt, the s*^ Collins 
said to mee & to the rest that were by : take notis what I saye to 
the Marshall, and said you are best take the land that was attached 
to the action which is by o'' buerieing place or els sd he here is the 
Towne Common: before my gate take that for your satisfaction, 
the Marshall said he would not or that he was not bound to goe 
out of the yard but I must sd he have some of yo"" own goods then 
said Henry Collins here is twenty acres of my owne land behind 
my house you shall haue that for to satisfie yo'' excecution many 
words the sd Collins used for to perswade the sd Marshall to take 
these lands or any of them but the sd Marshall sd seuerall times 
he 1 1 would 1 1 medle with noe lands but still did demaund of the sd : 
Collins to shew him some cattell for to leuie his excecution upon 
then when we were in the yard, after other discourse the Marshall 
read the Excecution & sd I leuie this excecution upon yo"" body and 
charged asistance, there being some space of time between the 
seasing of the excecution ther goeing into the house all which time 
John Hathorne was some distance from Henry Collins till the 1 1 sd 
marshall 1 1 sd to Henry Collins gett yo'' hatt & then we all torned & 
went into the house and that when we were in the yard 1 1 asone 1 1 
as the Marshalls word was out of his mouth in saying I leuie it 
upon yo"" body says william longly here be horses or meares in the 
yard that he owned except a colt of his sonns the Marshall said he 
would not leuie an excecution twice." John Collins and Edward 
Ireson testified to a portion of the same. Sworn, 25 : 1 : 1663, 
before Wm. Hathorne.* 

Copy of the depositions of Edward lerson and John Collins, 
which were sworn to 17 : 1 : 1661-2, made by Robert Lord,* cleric. 

John Witt and Thomas Newall deposed that they heard 
William Longlye acknowledge in the church that he was troubled 
because the marshal levied the execution upon the body of Henry 
Collins, and said he should have thought he would have taken his 
cattle. Sworn in court. 

* Autograph. 



32 IPSWICH QUARTERLY COURT [Mar. 

William Longly v. Richard Haven. For coming upon his 
ground, violently laying hands on him, and abusing him in words 
and deeds.* 

Copy of depositions of Andrew Mansfield, Henry Collins and 
William Longlye taken at Ipswich court, Mar. 25, 1662, made by 
Robert Lord,t cleric. 

Copy of deposition of Robert Lord, marshal, sworn, Nov. 3, 

1662, before Daniel Denison, and in court at Ipswich, Mar. 31, 

1663, before Robert Lord,t cleric. 

Copy of deposition of Edward lerson, taken 17 : 1 : 1661-2,. 
made by Robert Lord,t cleric. 

Copy of deposition of Robert Burges, taken Mar. 22, 1661-2, 
made by Robert Lord,t cleric. 

"Mr. Hathorne I have heere sent you the copies you sent for to 
be sent you w''^ acording to order court come to 3' &c. 

"Yours 

"Robert Lord."t 

Richard Jonson, aged about fifty one years, deposed that at the 
church meeting when Longly desired Hathorne to tell who the 
neighbor was "then m"" Hathorne saide how kettching are you att 
a word Hathen I have nott soe donne by you," etc. Sworn, 
28 : 1 : 1663, before Wm. Hathorne.f 

*Writ, dated last of Feb., 1662, signed by Robert Lord,t for the 
court, and served by Allen Bread,t constable of Lin, by attach- 
ment of the dwelling house of defendant. 

Copy of deposition of Robert Burges, taken Mar. 22, 1661-2, 
made by Robert Lord,t cleric. 

Isake (his mark) Ong deposed that he heard "goodman Havens 
wife axe danniell Mathew: whether hee did heare hir husband saye 
y* hee would laye goodman Longlys hart blod upon y^ ground 1| 
and take him by y'= berd || & danniell did answer: y* goodman 
longlys folks did lie att him to say soe : but for my part sayd hee I 
Cannot for if I showld I showld sweare falsly." Sworn, 31:1: 1663, 
before Wm. Hathorne.f 

Ezekell Nedhamf deposed that "when y* I did live with beni- 
amine Briscoe in y^ yeare 1661 : there cam a man & fell out with my 
m"" Briscoe & stroke my m"" in his shope: where ther was none but 
my m'' & my selve & y*' man & danniell Mathew did profer for to 
swere y"^ Brimmat did strike my m'' when y* hee was in another 
rome with y'^ Child where hee Could not see him stroke." Sworn, 
31 : 1 : 1663, before Wm. Hathorne.f 

Mary Longley, aged about nineteen years, deposed that "last 
summer, about the time that peace began to be ripe: I this de- 

t ATitoc;r;ipli. 



1663] RECORDS AND FILES 33 

William Longley v. Thomas Newhall. Battery. Verdict for 
plaintiff.* 

ponant being in our yard one morning: Richard Heauen came to 
me and asked me where my father was: and I perceive that he 
was angry by his Countenance and by his carriage, I told him: 
I would not tell him where he was for him to have his will of him: 
and the said Heauen said I will find him out if he be to be found: 
and went over the rayles into our lot : and I said goodman Heauen 
you had best have a care what you do: then he turned and came 
back over thee railes againe and went home to his owne house, I 
stood still to see what he would do : and I see him breake of a great 
Cudgell, and go at great pace up the lot: and I fearing he would 
do my father some mischeife followed him: and as I was following 
the said Heauen, I mett daniell Mathees : and I requested the said 
mathee to go long with me for I was afraid the said Heauen would 
knock my father in the head, and wee both ran together, till wee 
came neare to my father and the said Heauen: about the breadth 
of a row of Indian come : my father being sowing turneup seed in 
his own lot: and the aforesaid Heauen said to my father thou 
rouge thou, why didst thou lame my hoggs, and I see the sd Heauen 
take my father fast by the beard and said thou rogue I could find 
in my heart to spill thy heart blood upon the ground thou rogue 
thou; my father answered the said Heauen there is wittnesse above 
that sees all ; and they went out of the come and the said Heauen 
had a great Cudgell in his hand and my father said the lord will 
avenge my wrongs one day: and the said Heauen said heark how 
he crys aloud to his god: and foomed at the mouth." Sworn in 
court. 

Daniell Matthees, aged about seventeen years, deposed that 
"when I dwelt at lyn; the last summer about the time that pease 
began to be neare ripe: I being in the field gathering a Broome," 
etc. Sworn, Feb. 25, 1662, before Edward Rawson,t comr. This 
paper addressed on reverse: "These For M"" Rob* Lord Clarke 
of Ipswich Court." 

*Writ: WiUiam Longly v. Thomas Newhall, jr.; battery, for 
striking his wife; dated Feb. 28, 1662; signed by Robert Lord,t 
for the court, and served by Allen Bread,t constable of Lyn, by 
attachment of the dwelling house of defendant. 

John Longly deposed that John and Samuel Wilkinson went 
with their father's team to get the hay from Andover meadows, 
etc. Sworn in court. 

Thomas Wheeler, aged about fifty-seven or fifty-eight years, 
deposed that he saw the wife of William Longley and her two 
daughters, Mary and Anna Longley, have hold of a long pick or 
pole at one end and Thomas Newhall, jr., of the other end and 

fAutograph. 



34 IPSWICH QUARTERLY COURT [Mar. 

Joshua Bradley v. John Godfry. Non-performance of a bar- 
gain. Verdict for defendant.* 

Goodman Longley's orchard fence was between them, "and the 
women were to hard for the man in puUing in so much that the 
said newhall called his brother, John and they too together pulled 
the poole from the sd women. And then Thomas newhall strucke 
the II said || wife of WilUam longley with the poole or long 
stick that they stroue about." Sworn, 27: 1 : 1663, before Wm. 
Hathome.f 

William Longlye's bill of charges, 21i. lOd. 

Anna Longley, aged about sixteen years, deposed that after 
Newhall struck her mother, the latter's hand was black for several 
days, etc. Sworn, 27 : 1 : 1663, before Wm. Hathorne.f 

Mary Longley, aged about nineteen years, deposed that Thomas 
Newhall was using the pole, with which he struck her mother, to 
run a line, etc. Sworn in court. 

Elizabeth, wife of John Newhall, sr., and Mary Haven deposed 
that Thomas Newhall, jr., was desired to hold a pole to run a line 
betweeen Will. Longley and John Newhall, and Thomas stood on 
the land of John Newhall. The two daughters of Longley came 
and threw stones at him and Anna took up a piece of a pole and 
struck said Newhall several blows with it. Then Longley's wife 
came with a broad axe in her hand and violently struck at said 
Newhall and had he not slipped aside, he would have been 
wounded, if not killed, etc. Sworn, 28: 1: 1663, before Wm. 
Hathorne.f 

*Writ, dated Mar. 23, 1662, signed by Robert Lord,t for the 
court, and served by Samuell Currier,t deputy constable of Rowly, 
by attachment of a yoke of oxen and twenty bushels of wheat of 
defendant's. 

Daniell Bradley deposed that about the beginning of last winter, 
he went with Joshua Bradley to George Hadlye's house. John 
Godfry was there, and said Bradley asked Godfry to let him a yoke 
of oxen, and he let him for two years the yoke he had bought of 
George Hadlye, for forty shillings per year, to be delivered then 
or in the following spring. George Hadlye was to keep them until 
spring, and although he offered to give the same price, said God- 
fry agreed to let Joshua Bradley have them. Sworn, Mar. 28, 
1663, before Daniel Denison.f 

Samuell Currier testified the same. Sworn in court. 

Edward Eymons of Haverell, aged forty years, deposed that 
he went with John Godfrey and Thomas Davisse to George Had- 
leyes house to buy a pair of oxen. Godfrey said that Hadley was 
in his debt about a bond of wheat and Godfrey offered him 141i. 
for his oxen and to abate it in the bond. Hadlye answered that 

t Autograph. 



1663] RECORDS AND FILES 35 

Mr. Jonathan Wade v. Stephen Graffam. Debt. Verdict for 
plaintiff. Court ordered the attachment to be continued until a 
fortnight after Salem court.* 

George Hadly v. Robert Haseltine, Trespass, For felling several 
trees, etc. Verdict for plaintiff.f 



he must have 161i. for them and Godfrey refused. Sworn, 3:2: 1662, 
before Simon Brodstreet.t 

Daniell Ela deposed. Sworn, 3:2: 1663, before Wm. Hathorne.J 

Samuell Corrier deposed. Sworn in court. 

*Writ: Mr. Jonathan Wade v. Stephen Graffam; debt; signed 
by Robert Lord,t for the court; and served by Robert Lord,t 
marshal, by attachment of a barrel of mackerel and a chest of 
seventeen pounds of money, of defendant, the summons being 
left at the house of his last abode in Ipswich. 

John Clark, aged about twenty-two years, deposed that last 
August, he was at the house of Mr. Jonathan Wade with Steven 
Grafton and saw the said Grafton receive of Mr. Wade a barrel 
of liquors which was agreed between them to be 31 or 32 gallons 
at six shillings per gallon. Grafton agreed to pay for it in the Bay 
if he liked the goods and price. Sworn in court. 

Robert Perse, aged fifty years, deposed that about the end of 
the year 1660 or the beginning of 1661, Steven Grafton acknow- 
ledged that he had received goods from Mr. Wade to the value 
of nine or ten pounds, and was to pay for them in freighting of 
fish at the lies of Sholes. Deponent further testified that Mr. 
Wade demanded fish at the lies of Sholes in June, 1661, but there 
was no fish delivered. Sworn in court. 

Account against Steven Grafton on books of Mr. Jonathan 
Wade, amounting to lOh. 2s. 9d. Sworn in court by Mr. Jonathan 
Wade, and his son Nathaniell Wade swore to the delivery of 9li. 
12s., before Robert Lord,t cleric. 

Jonathan Wade's bill of cost, Hi. 18s. 

fWrit: Georg Hadlye v. Robert Heseltine; trespass; for fell- 
ing and carrying away several trees upon his land, and thereby 
claiming a title to about thirty acres of his land, namely, the land 
he bought of William Wild, which was laid out by Joseph Jewet 
of Rowley and Theophilus Shatswell of Haverill and which lies at 
the head of Robert Heseltine's land; dated Mar. 19, 1662; signed 
by Robert Lord, J for the court; and served by Samuell Corier,t 
deputy constable of Rowley, by attachment of the house, house 
lot and orchard of defendant. 

Copy of deed, dated Dec. 17, 1655, William Wild of Ipswich, for 
14011., sold to George Hadley of Rowley all his accommoda- 
tions granted him by the town of Rowley at Merimack river 

t Autograph. 



36 IPSWICH QUARTERLY COURT [Mar. 

near Haverill, namely, his house, barn and fifteen acres of land, 
bounded by land of Robert Hasseltine on the east, the town pasture 
on the west ; also twenty-eight acres lying at the end of the afore- 
said land, bounded as aforesaid; also two hundred acres, bounded 
by the land of Robert Hasseltine on the east, Rowley common on 
the west, the land last mentioned on the north and Rowley com- 
mon on the south; also one acre of meadow at the end of a hill 
called Long hill, having the meadow of Robert Hasseltine on the 
north, John Hasseltine on the south, and two acres and a half of 
meadow at the south end of Johnson's creek on the east about a 
quarter of a mile; also two acres of meadow at a place called 
Johnson's pond, bounded by Robert Hasseltine on the north; also 
five acres west, about half a mile, of a place called the four mile 
rock in the way from Haverill to Rowley; also nine acres and a 
half in a meadow about a mile and a half from the meadow last 
mentioned, having the meadow of Robert Hasseltine on the east 
and John Hasseltine on the west. Wit: Robert Lord and Mary 
Lord. Elizabeth, wife of William Wild, released her dower. Ac- 
knowledged, Dec. 18, 1655, before Daniel Denison. 

George Hadlye's bill of cost, 3li. 

Daniell Bradly deposed that George Hadlye desired him to go 
to Robert Haseltine's with him, and said Hadlye demanded upon 
what authority he had felled trees in his swamp. Haseltine 
answered that it was his own land. Hadlye demanded satis- 
faction for what had been felled and Haseltine refused, saying he 
would stand to the hazard of the law. Deponent had seen Hase- 
tine fell trees there and further the latter told him that if he thought 
Hadlye did not sue, he would fell some more to quicken him up. 
Sworn, Mar. 28, 1663, before Daniel Denison.* 

John Pickard and Ezekiell Northend testified that when Robert 
Hesseltine, John Hesseltine and William Wild went to live over 
against Haverell, "our towne granted unto them an equall share 
of land 1 1 meadow | ] and commonage after they had lived a certain 
time ther they maid ther desire knowne unto the towne that they 
would willingly fence in ther commonage and therfor desired that 
they might have soe much laid out as the towne thought might be 
sufficient to keepe that number of cattell acording to ther grant 
from the towne which Accordingly the towne Tooke it in to con- 
sideration and granted that ther should be laid out unto those 
three men above mentioned sixe hundred Acres of land for ther 
commonage of these cattell that they were to keepe acording to 
ther grant from the towne which sixe hundred acres by the townes 
grant was to be equally deuided unto the afforesaid Robert John 
and William." Sworn in court. 

Thomas Dorman, jr., deposed that being at his uncle Hadley's 
the last spring, his uncle asked him to go with Theofilus Satshwell, 
Robert Haseltine, John Carleton and himself to run the line be- 

* Autograph. 



1663] RECORDS AND FILES B7 

tween his uncle Hadley's and Robert Haseltine. The latter took 
them to a tree and said it was the marked tree and Satshwell 
rephed that it was not the tree that he and Mr. Jewett marked, 
and Hadley also would not own it. Finally they came to a tree 
marked H, which Satchwell declared to be the tree, about twenty 
rods off near a swamp, and deponent's uncle marked it. Then 
Satchwell told how they ran the line before and they marked 
several trees that had been marked before, until they came to a 
tree marked H in the highway from Rowley to Haverhill. Robert 
Haseltine would not run the line with them, but went away and 
bade them do what they would. Sworn in court. 

Samuell Currier deposed that Hadley desired him to go with 
himself and Thomas Dorman to measure how far it was in Hadley's 
ground that Haseltine had felled trees, and they found that it was 
forty rods between the tree marked and the fallen timber. John 
Griffing also deposed. Sworn in court, 

John Hazeltine, aged about forty years, deposed that about 

1658, in order to have the line correct, Mr. Jewett went with 
George Hadlej^ Robert Hazeltine and deponent, and they agreed 
as to the line. Also the tract of land now in controversy, which 
ran on a straight line from his fence to the pasture fence, "which 
ranges as my fence goeth was then layed out to my brother Robert 
Hazeltine," and Hadley approved. Deponent further testified 
that he showed Corporall Gage and William White the very 
bounds of that tract that was laid out to them by the town of 
Rowley and also the inside bounds of the land which George Had- 
ley claimed as his lot. Sworn in court. 

Copies of depositions of Joseph Jewett and Robert Haseletine, 
taken from Ipswich court records of Mar. 29, 1659, made by 
Robert Lord,* cleric. 

Copies of deposition of John Millington, Theophilus Shatswell 
and Edward Yeomans taken from Ipswich court records of 26 : 1 : 

1659, by Robert Lord,* cleric. 

Joane, wife of John Haselton, deposed that after the line 
had been run, Georg Hadley went into deponent's house and 
said that "this Jewett hath done itt bettor alone then when ther 
wer more of them to doe it." Sworn, 30: 1: 1663, before Simon 
Bradstreete.* 

David Haselton, aged about eighteen years, deposed that he 
showed the bounds of the pasture ground to John Gage and William 
White about a fortnight or ten days ago, etc. Sworn, 30 : 1: 1663, 
before Simon Bradstreete.* 

William White, aged about fifty years, deposed that when he 
and Goodman Gage measured the tract of land in controversy 
there was found to be a great disproportion. George Hadley 
had seventy acres more than the other two. Also they found the 
bounds the same as when marked a number of years before. John 

* Autograph. 



38 IPSWICH QUARTERLY COURT [Mar. 

John Newhall for himself or as assignee of Thomas Laughton, 
Oliver Purchase and Capt. Tho. Marshall v. William Longly. 
For the forfeiture of a bond of arbitration of lOli. Verdict for 
plaintiff. Court moderated the bond, and all the line between 
them to be as the arbitrators set it, a straight line, the fence, and 
the apple trees to stand until about Michalmas next, and William 
Longly to have liberty to remove them.* 

Carr testified to the substance of the foregoing. Sworn, 30 : 1 : 1663, 
before Simon Bradstreete.f 

John Carleton deposed that when the line was run, Theofilus 
Satchwell said to him "upon this course your father Jewett and 
I run the line," etc. Sworn, Apr. 1, 1663, before Samuel Symonds.f 
Thomas Dorman deposed. Sworn in court. 

*Writ, dated Mar. 24, 1662-3, signed by John Fuller,! for the 
court, and served by John Tarbox,t the son of John Tarbox,t 
constable of Lynn, whom the latter made his deputy, by attach- 
ment of the lands of defendant, having left the summons at his 
house. 

Tho. Laughton,t Tho. Marshallf and Oliver Purchis,t com- 
missioners of Lyn for 1662, chosen as arbitrators by William 
Longley and John Newhall, sr., to settle the line of their home 
lots, agreed, 12: 12: 1662, that the line as it was run from the head 
to the foot, running straight to the mark from the shorfc length at 
the foot to the end of the stone wall at the head or the tree stand- 
ing there nearby, should be the bounds between them. Longley 
was to pay John Newhall sixteen shillings toward his charge. 
Sworn in court. 

Bond of arbitration between William Longleyf and John New- 
hall. f Wit : John Hathornef and Thaddeus Riddan.f Sworn 
in court by the witnesses. 

John Longley, aged about twenty-three years, deposed that 
being at the house of John Hawthorne at Lyn, he heard his father 
offer John Newhall, jr., to run the line as agreed by the arbitra- 
tors, because he was not willing to forfeit the bond. Deponent's 
father also asked Newhall when he would do it and received no 
reply, and so deponent, his father and William Dello went away. 
William Dello deposed the same. Sworn in court. 

Thomas Newhall testified that he heard Will. Longly say that 
he was sent for to hear the arbitrators' agreement, but he could 
not come at another's warning. Sworn, 2:3: 1663, before Wm. 
Hathorne.f 

Robart Potter, aged about thirty-three years, deposed that he 
went with John Newhall, sr., to Goodman Langly's house. The 
latter was weaving, and when he saw who it was he came out of 

t Autograph. 



1663] RECORDS AND FILES 39 

John Godfry v. Jonathan Singletary. For 81i. in wheat and 
Indian corn. Verdict for defendant. The court accepted this 
verdict provided he except in his general acquittance to save said 
Godfrey harmless from Edward Gierke about his bond of 81i.* 



his loom and put out the light. Newhall showed him the arbitra- 
tion and offered to read it but said Langly replied that no writing 
should be read there for he was master of his own house. Newhall 
would have let him take the writing but he would not promise to 
give it back. This happened about a month since. Samuell 
Gains testified to the same. Sworn, 28:1:1663, before Wm. 
Hathorne.f 

John Newhall's bill of cost, 61i. 9s. 

Rich. Haven and Thomas Newhall deposed that they heard 
John Newhall demand his land and charges of Will. Longly, as 
awarded by the arbitrators, and said Longly refused. Sworn, 
2:3: 1663, before Wm. Hathorne.f 

*Writ, dated 14 : 12 : 1662, signed by Hillyard Veren,t for the 
court, and served by Robert Lord,t marshal. 

Record of the action, Edward Clark v. John Godfry, tried by 
the commissioners of Haverhill, June 10, 1662, for not coming to 
receive a parcel of wheat and Indian corn due upon bond, Mar. 1, 
last. Judgment for defendant. Copy made by Richard Little- 
hale,t cleric. "When this action came to be called, John Godfry 
desired halfe an houres time of y^ Comissio" to call Jonathan 
Singltary w'^'' was granted, & accordingly Jonathan Singletary 
did come to attend y® Case, as atteste Richard Littlehale,t Cleric, 
and henry palmer one of the commissioners." 

Copy of deposition of Richard Singletary, sworn Nov. 22, 1662, 
before Simon Bradstreete, taken from Salem court records by 
Hillyard Veren, fcleric. 

Abraham Whiticker deposed that some time last May, John 
Godfry said to him that he had given to Jonathan Singeltary eight 
pounds which Edward Clark owed to said Godfry, but the latter 
said if he had it in his hands again, the said Singeltary should 
never have it. Sworn, 30: 1: 1663, before Simon Bradstreete.f 

Jonathan Singletary's bill of charges, writing his father's and 
mother's evidences, going to Andever, Salsbury and Salem, and 
for his father-in-law giving bond, etc., 31i. 9s. 2d. 

Richard Singletary and Susanah, his wife, deposed, 20: 1: 1663, 
that they asked Thomas Davis about the evidence that he had 
given in at last Salem court, and if he could testify that Jonathan 
was to give Godfre security for that corn. Davis said that he 
could not testify that he gave security for the corn, etc. Sworn, 
27: 1: 1663, before Simon Bradstreete.f 

t Autograph. 



40 IPSWICH QUARTERLY COURT [Mar. 

Mr. Peter Duncan v. Thomas Verry. Debt. Verdict for plaintiff. 
The court did not accept this verdict.* 

Copy of deposition of Edward Youmans, sworn, 21:9:1662, 
before Simon Bradstreete, taken from Salem court records by 
Hillyard Veren,t clericus. 

Copy of evidence in the action, John Godfry v. Jonathan Sing- 
letary, taken from Salem court records of 25 : 9 : 1662, made by 
Hillyard Veren,t cleric. 

John Wooddum, Theophilus Wilson and Robert Lord, marshal, 
testified that when Jonathan Singletary and John Godfry were in 
said Wilson's house, Singletary was answering the said Godfry 
for the executions for which he was put into prison and agreed to 
end all, but Jonathan said, "if I answer for all it may be when I 
com to haverell the counstable will serve them." Godfry said he 
would give him an acquittance for them, so when the goods were 
dehvered to John Godfry, Singletary put an attachment upon 
them in an action of review. Sworn in court. 

Richard Singletary and Susanah, his wife, deposed, 20: 1 : 1662-3, 
that John Godfre being occasionally at their house said, concerning 
the corn in controversy, that he thought he should never get it of 
Goodman Clarke for he would pay him in papers as he did the last 
year. Godfry said several times, " I had rather it were in a heape in 
y® streete & all y*" towne hogges should eate it then he should keepe 
it in his hands." Sworn, 27: 1: 1663, before Simon Bradstreete.f 

Copies of depositions of Susan Singletary and Susana Singletary, 
sworn, Nov. 22, 1662, before Simon Bradstreet, taken from Salem 
court records by Hilliard Veren,t cleric. 

*Writ, dated Mar. 23, 1662, signed by Edmund Clarke,t for the 
court, and served by Thomas Judging,! constable of Gloucester. 

Peter Duncan's bill of cost. Hi. 

Edouth Crafford deposed that she saw Thomas Harvy and 
Thomas Very at Salem last January. Sworn in court. 

Thomas Harvy, aged about twenty-seven years, deposed that he 
sold to Mr. Duncan his third part of the shallop in which he went 
to sea the last summer, with all the appurtenances, in considera- 
tion of a debt of 151i. that Thomas Very owed Duncan, and gave 
him a bill of sale. Further, that said Duncan demanded of him 
the past March, the third part of the boat he sold him, and said 
Verrin had satisfied him. Sworn in court. 

James Babson, aged thirty years, deposed that this last spring, 
Mr. Duncan sent for Tho. Very to go to deponents' house and said 
Duncan demanded what said Very owed him. Said Very declared 
he would not deliver the boat nor pay him until Duncan had given an 
account of particulars. Mr. Duncan told him that it was all settled 
and he had his receipt, yet if Very would pay him in twenty-four 

t Autograph. 



1663] RECORDS AND FILES 41 

Mr. Joseph Hills and Mr. Richard CoUicott, attorney to Mr. 
William Becke, Lionell Copley and others, the adventurers and 
co-partners in the Iron works of Linn and Brantry in New England, 

hours, he would give the particulars and underwrite the account 
if there were any mistake. Mr. Duncan also told said Very that 
if he would get a note of Goodman Eiwell to Mr. Browne of Salem 
to discharge him, it would satisfy him, and this Very promised 
to do if the wind and weather did not hinder, etc. Sworn, May 
5, 1663, before Samuel Symonds.* 

Steven Glover deposed that he heard Mr. Duncan ask Thomas 
Harvy for the hire of the third part of his boat, and the latter said 
that when the voyage was ended, he should have pay for her, as 
is the custom of the country. Mr. Duncan asked for a note to 
receive the hire of Goodman Eiwell, and Thomas Harvy answered 
"what nead that, I am sufficient to pay the hire myself when the 
voyage is ended." Sworn in court. 

Steven Glover, aged about thirty-eight years, deposed that he 
heard Mr. Duncan ask Thomas Harvy to set a time when he 
would bring the note from Mr. Browne of Salem, and he would 
not set a time, but said he would do it the next time he went to 
Salem. Sworn in court. 

Tho. Harvy, deposed that he was a boarder at the house of 
Thomas Verj^e at Gloster, etc. Sworn in court. 

Ossmund Dutch, aged about sixty years, deposed that Peter 
Duncan read the bill of sale at his house, "and he said is not this 
a bill of sale but I made him answere that there was twelve poynts 
in y* law and thomas haruie have aleuen of them; was this Boate 
ever delivered to you: and he made me answeare that she was 
delivered before two suficient wittneses ; then I made him answeare 
y* it was sufficient; and he said I will have the boat, & I will have 
hire for her: for if y^ boat had ben cast away I warant he would 
make me stand to her: then I said you may doe well to free John 

Clo from M"^ Curwine for he is a man sufficient to goe in your 

boat and he answeared me y*^ he had b a third of the boat and 

I answeared him againe y' he was a man sufficient to goe in y® 
third of the boat and he said y' he would consider of it." Sworn, 
4:3: 1663, before Samuel Symonds.* 

Samuel Duch, aged about eighteen j^ears, deposed that Mr. 
Fetter Duncon came into his father's house, etc. Sworn, 4:3: 1663, 
before Samuel Symonds.* 

Bill of sale, dated Sept. 29, 1662, given by Thomas (his mark) 
Harvie,t now resident in Glocester, fisherman, to Peter Duncan 
of Glocester, merchant, one-third part of the boat, etc. Wit: 
Thomas (his mark) Very and Steven Glover.* Peter Duncan* 
promised to release the boat to said Tho. Verie if he brought any 

* Autograph. t Seal. 



42 IPSWICH QUARTERLY COURT [Mar. 

formerly known and called by the name of the Iron works of Mr. 
John Bex & Co. v. Capt. Thomas Savage. The action not pro- 
ceeding, costs allowed.* 

other security than the note of Mr. Browne's, etc. Wit: Tho* 
(his mark) Very and Steven Glover.* 

Wilham Venson, aged about fifty-three years, deposed, 5:3: 1663, 
that being at the house of Goodman Ell well, who was master of 
the fishing voyage, Mr. Duncan said to Ellwell that he was to have 
the hire of Thomas Harvie's boat, for he had bought it and had a 
firm bill of sale for the third part of it, which was Thomas Dick's. 
Sworn in court. 

William Seargant, aged about thirty-six years, deposed that 
there were fifteen pounds of money due to Mr. Duncan and Thomas 
Harvy promised to make over his third part, etc. Further that 
the bill of sale was drawn up by Mr. Duncan and he would have 
Thomas Harvy set his hand to it, but the latter did not because he 
said he was unacquainted with the form. Then Mr. Duncan told 
him they would have to go to court. Afterward deponent saw 
the bill of sale and Mr. Duncan told him that the boat was his now 
and asked him if the third part was worth as much as the bill 
stated. Deponent told him that he thought it was, and he seemed 
to be much taken wdth it, etc. Sworn in court. 

*Writ, dated Mar. 23, 1662-3, for pretence of a debt of 4,1501i. 
for which Capt. Savage obtained judgment in Sept., 1653, thereby 
taking the estate of plaintiffs' to the value of 6,0001i., and for with- 
holding the same and extending the execution beyond the judg- 
ment obtained, etc., signed by Jonath Negus, f for the court, and 
served by Rich. Wayte,t marshal of Boston, by attachment of the 
dwelling house of defendant, together with the warehouse and 
ground and wharf near the drawbridge in Boston. 

Judgment: That this cause could not proceed for want of 
sufficient power, though the plaintiff produced a letter of attorney 
signed by Mr. William Becke and five others, yet it did not appear 
to the court that the said six gentlemen were the major part of the 
owners of the iron works or owners of the greater part thereof ; but 
on the other side it was alleged that Mr. John Bex, who had been 
a principal owner and manager of said works and at present it was 
proved that he was owner of seven shares of said works, with 
several others who were owners, had not signed the said letter of 
attorney, neither did it appear that the company of undertakers 
had impowered the said six gentlemen who signed the letter of 
attorney to act for them; also the attorneys, Mr. Hill and Mr. 
CuUicut, appeared at the first session of the court, but after the 
objection made by the defendant to the validity of their power, 
one of the attorneys did not appear at the second session nor did 
he send any message of consent to prosecute the action. 

* Autograph. 



1663] RECORDS AND FILES 43 

Mordecha Crafourd v. Thomas Jefourds. For non-performance 
of an agreement in trimming and repairing a barque. Verdict 
for defendant.* 

Copies of depositions of John Person and Mark Prime, taken 
23: 4: 1656, before Samuell Simons. 

Jno. Giffard deposed that he had not known of more than eight 
or nine of the company who had appeared in the action, and that 
he had often heard from the company and had seen the order which 
impowered five or three to be sufficient to act for the company in 
the management of their affairs. Sworn in court. 

Capt. Tho. Savage's bill of charges, including services of Wm. 
Howard, Mr. Gefords, Mr. Reding and Capt. Hutchingson, 91i.lls. 

*Writ: Mordechaie Creford v. Thomas Jeffords, ship carpen- 
ter; for non-performance of an agreement in trimming and repair- 
ing a bark; dated 13 : 1 : 1662-3; signed by Hilhard Veren,t for 
the court; and served by Thomas Judging,! constable of Gloster. 

Mordica (his mark) Crafford, of Salem, on 24:4:1654, gave 
letter of attorney to Edith Craford. Wit: Joseph Hardyf and 
Elias Stileman.f 

Thomas Jeffords' bill of costs. 

William Seargant, aged thirty-six years, and Antony Day, aged 
about thirty-seven years, deposed that being with Mordica Cra- 
ford in the twelfth month, 1662, they heard said Craford say that 
there was no bargain with Thomas Jefford concerning work on the 
bark, and what he would have for doing it, he did not know. Day 
further testified that he heard Craford say "I have brought downe 
my barkque to the french man to doe and I will leve it w*h him to 
doe as he se Cause to doe." Sworn in court. 

Benonye Bushopp and Anthonye Daye, ship carpenters, de- 
posed that they went to work upon said Cravit's vessel at Glocester 
the past winter, said Bushopp told Thomas Jefford and his mate, 
who were to mend the vessel, that the larger part of that work which 
John Beckett and Bartholmew Gidney, ship carpenters, and 
appointed surveyors of the vessel, found to be defective and in- 
sufficient, was insufficient and unserviceable. Further said Day 
heard said Bushopp tell them so, and afterward the ship carpenter's 
mate said to Bushoff, ''we gott you to helpe us & you make us 
more worke." Anthonye Daye and Alexander Willey further 
testified that Thomas Jefford demanded thirty pounds for the 
work. Sworn, 27: 1: 1663, before Wm. Hathorne.f 

Jeffery Parsons, aged thirty-two years, and Anthony Day, aged 
about thirty-seven years, both of Gloster, deposed that being at 
Thomas Jeffords' place of abode, he heard Thomas Jefford ask 
Mordica if he were satisfied with the work, and the latter said that 
he was not, that the gunwales were not finished. Then Thomas 

t Autograph. 



44 IPSWICH QUARTERLY COURT (Mar. 

Mr. Henry Greenland v. Henry Lessenby. Slander. Verdict 
for defendant.* 

asked him if there were anything else to do and said Mordica was 
silent, "then I Antony Day said to thomas the Carpenter the 
skiper is not satisfied with the Clamps then we these deponents 
heard the Carpenter speck to Mordica and said Skipar bringe the 
barque a shore and I will put the Clamps in and doe anithing elce 
that you will have done I will not stand with you for three or fouer 
days worke or a weakes worke you shall not goe away and say 
youer work is not dunn." Sworn in court. 

Anthony Day further testified that the work that was deemed 
insufficient, that is, the clamps might have been done had the 
vessel been brought ashore, according to the carpenter, Thomas 
Jeford's order, but it lay in the harbor about six days after the 
order was given. Sworn in court. 

Thomas Judkin, aged about thirty-two years, deposed that he 
heard Craford say that there was no bargain, but he had brought 
her down for him to trim and to do what needed to be done, etc. 
Sworn in court. 

"Mordecay Crauet we: hoose names ar under writen being 
Required by warent suruay your barke which we have acordinly 
done we shall : Leaue : to the Judgment of the hon''ed Court w* 
we shal haue for our pains : your selfe : Informing the Court of the 
time spent therin It is to be understood y* our : deposition is given 
upon It 21 : 1 : 63. 

"Ye mark of A anthonye day. 

"John Beckett t 

"Bartholmew Gedney." f 

*Writ: Mr. Henry Grenland v. Henry Leasenby, servant to 
Richard Dole; slander or defamation; for saving that Mr. Gren- 
land and Mr. Cording were at Hampton together and that they 
offered five shillings to a man to help them to a couple of women, 
etc.; dated Mar. 9, 1662-3, signed by Anthony Somerby,t for the 
court; and served by Henrey Jaques,t constable of Newbry. 

Hester Bond and Elizabeth Webster deposed as to hiring the 
men, etc. Sworn in court. 

Richard Smith deposed that one time Dr. Cordwing, being at 
Hampton at his master Goodman Tuck's and Mr. Greenland being 
also present, it being near midnight or full bedtime, said Cordwing 
desired deponent to go and get Mary Wedgwood, saying she was 
the prettiest maid in town, and if she would not come to get Sary 
Tayler or Mary Wall, as he had a letter in his pocket for the latter. 
Sworn, 1:2: 1663, before Simon Bradstreete.f 

John Redman, John Barshamf and Morrice Hobsf deposed that 
it was a common report at Hampton that the two doctors, Cordin 

t Autograph. 



1663] RECORDS AND FILES 45 

Henry Russell v. Edward Leathers. Debt. Withdrawn. 

Mr. John Gifford, attorney to Mr. Rowland Searchfield of 
London v. Capt. Thomas Savage. Withdrawn.* 

Mr. Henry Greenland v. Joseph Mussye. Slander. With- 
drawn. 

Mr. Simon Bradstreet v. Isaaek Coussen. Debt of 121i. due 
upon bill obligatory. Defaulted. 

Mr. Simon Bradstreet v. Bray Willkins, Sam. Willkins and John 
Willkins. Trespass. For carrying away a parcel of hay. The 
jury found a special verdict. Court found for the plaintiff. f 

and Grenland, offered the man five shillings, etc. Sworn in 
court. 

John RadmanJ and Christopher Palmer^ certified that they 
heard Richard Smith, Robertt Tuck's man, speak concerning 
being hired by the doctors, etc. Sworn in court. 

Richard Dole deposed that it was a common report at Hampton 
and Newbery, etc. Sworn in court. 

Ehsha Elsley deposed that Henry Lesenby said he heard the two 
doctors proffered the ordinary man's man of Hampton five shill- 
ings, etc., and Goodwife Rofe told him he should have a care of 
what he said of Grinland for Grinland owed him "a spleend." 
Mary Roffe testified the same. Sworn in court. 

*Tho. Savage's bill of costs, Ih. lis. 

fRichard BarkerJ and George Abbott, sr.,t testified in the 
action between Mr. Bradstreete and Bray Wilkinson, that they 
followed two tracks of a laden cart from Mr. Bradstreete's rick 
till they come into that way that said Wilkinson had gone with 
Rich. Barker's hay and saw where they had cut down wood and 
brush from Mr. Bradstreete's rick to go with it into that way. 
They followed the said tracts till they came to Goodman Wilkin- 
son's field and then left them in the cart way leading to his house 
and when they reached the house they looked purposely around 
but could find no tracks that had gone that spring beyond his house. 
They further testified that it could go no other way, there being 
no other house or farm on this side the river and no possible going 
over the river at that time without swimming cart and cattle. In 
the way from Mr. Bradstreete's rick we found hay scattered, and 
one load newly set by the stony brook which they judged and be- 
lieved was Mr. Bradstreete's hay, and had no doubt that he who 
had Rich. Barker's hay also had Mr. Bradstreete's. Rich. Barker 
further testified that Bray Wilkinson came to him about a fort- 
night before he missed his hay, when his son and he were loading 
hay at his rick, and said Wilkinson said that he was in great want 

■f Autograph. 



46 IPSWICH QUARTERLY COURT [Mar. 

Robert Lord, sr. v. John Godfry. Debt, Verdict for plaintiff. 

Mr. Simon Bradstreet v. Sarah, widow of John Andrews. For 

withholding possession of a farm her husband lately Uved in, in 

of hay and knew not what shift to make. Wilkinson also said that 
the hay that Rich Barker left would beburned, but Barker repUed 
that it would not be unless somebody played the knave with him 
and that he intended to take it away. Notwithstanding this, 
said Wilkinson took or caused to be taken away the hay without 
the knowledge or consent of said Barker and when charged with 
it would not own it. Since Mr. Corwyn gave deponent twenty 
shilUngs for it and would have given him five pounds because he 
had been so ill dealt with, etc. Sworn, 4:3: 1663, before Simon 
Bradstreet,* and on May 5, 1663, in Ipswich court. 

Thomas Abott deposed that there was a parcel of hay about 
three loads, which he helped to get for Mr. Bradstreet at a meadow 
commonly called Beachin meadow, taken away to said Brad- 
street's great damage both for want of the hay and the loss of 
cattle sustained thereby. Mr. Bradstreet was obliged to buy hay 
at a great rate and much time was lost in sending a team for the 
hay, not knowing that it was gone. The journey occasioned the 
loss of the work of two oxen for two months, b}^ reason of their 
tiring for want of hay to refresh them when they came thither, it 
being about six miles to the place. Sworn in court. 

John Longley, aged about twenty-three years, testified that he 
Uved with Bray Wilkins and he heard Goodman Wilkins say that 
Mr. Georg Curwin of Salem had brought a load of hay for him, 
and that it was in Andeavor's meadows. Further that said Wilk- 
ins' two or three sons with John Gingill went for the hay and the 
first day they mired their cart and came home without any hay. 
They went again the next day and the two days following and 
brought home some hay which deponent saw at night when he 
came from work, etc. Sworn in court. 

John Godfry deposed that coming from Salem with Bray Wilk- 
ins toward his house, there was some discourse about hiring some- 
thing of deponent, and the latter told him that it was reported 
that said Wilkins had stolen Mr. Bradstreet's hay. Wilkins 
answered that he did not steal it but he took some of it, for it 
would have been burned or spoiled and it would be better for him 
to have it than have it spoiled. Sworn in court. 

Special verdict: They found that in the year 1661, Mr. Brad- 
stret had two parcels of hay in the Beching meadow which were 
lost and the evidence showed scattering of hay to stong brook and 
two or three loads of hay like those lost were found at Goodman 
Wilkeson's house, etc. If the evidence be legal, they found for 
the plaintiff, if not, for the defendant. 

* Autograph. 



1663] RECORDS AND FILES 47 

which plaintiff had a right. Verdict for plaintiff. Sarah An- 
drews resigned possession in court, save her own interest. 

John Sorlah had his license renewed for a year to keep an ordinary 
and to draw wine and strong water. 

Joseph Allen and Mary Allen, appearing before Mr. Samuell 
Symonds, and declaring their wiUingness to live with Capt. William 
Gerish during the time of their indentures, the court allowed it. 

Whereas administration was granted to Mary Balch on the 
estate of her late husband Jo. Balch, and the Salem court in the 
fourth month, 1662, divided the estate between said Mary Balch 
and Mary, the daughter of John Balch, deceased, and now said 
daughter being deceased, it was ordered that Benj amine Balch, 
after the end of seven years, should enjoy all the lands that be- 
longed to said John Balch, 50 acres more or less, the said Mary to 
enjoy all the improved land, upland and meadow, during the term 
of seven years. 

Capt. Paul White had his license renewed for a year to still 
strong waters and retail by the quart. 

Stephen Swett's Hcense w^as renewed for a year to keep an 
ordinary. 

Mr. Moses Maverik had his license renewed for a year to sell 
strong waters. 

Richard Longhorne was Ucensed to keep an ordinary for a year 
and draw wine and hquors by retail during the pleasure of the 
court. 

Lieft. Samuell Brocklebanke w^as sworn clerk of the market. 

James Davis was sworn clerk of the market for Gloster. 

Peeter Nash acknowledged judgment of 41i. 5s. 9d. to Mr. Philip 
Nelson. 

James George acknowledged judgment of 41i. 10s. to Moses 
Pengry. 

Mr. John Emerson, WiUiam Hascall, James Stevens, PhiUp 
Stainewood and James Davis, all of Gloster, were made free. 

Henry Greeland was charged with several times soliciting Mary, 
wife of John Roffe, to adultery, especially on one night when he 
came into her own house to bed with her to her great affright. 
Said Greeleland desired to be tried by a jury, which request was 
granted, and they found him guilty. Court sentenced him to 
prison to remain until the next session of court and then to be 
whipped, unless he pay a fine of thirty pounds. Greeland was 



48 IPSWICH QUABTERLY COURT [Mar. 

bound to good behavior. Capt. Walter Barfoote and George 
Gould wire, sureties.* 

"Mr. Greenland hauing his wife come over is desirous to with- 
draw his appeale, & yet is not willing to endanger the forfeiture of 
his bond especially his sureties, I told him if he did submit to the 
sentence of Ipswich court, and could procure the consent of the 
Judge of that court to withdraw his appeale I did suppose he 
might save the forfeiture of his bond he desired me to signify my 
opinion to yourselfe that so if you & M"" Woodman are like minded, 
he may have that assurance that may direct him how to act, he 
will more fully impart his desires & reasons then is necessary for 
me to doe, hastily I rest 

"Y» "Daniel Denison."t 
"Ips: Aug. 26, 1663. 

"I assent to what is above written 

"August 26th, 1663 Samuel Symonds."t 

" I do likewise Asent to what is Above written, Auguste 27th 1663 

"p Edward Woodman."t 
Letter addressed: "For the Honor"^ M' Samuel Symonds, these." 

Mary Rofe's petition : 

"I would desier the honord Court to here me a few words. I 
am a poor young woman and in an aflicted Condition. My hus- 
band not being with me: he Litl knowing the trubls I haue met 
with: being a verie Louing husband to me as anie young woman 
Can Expect and provided for me in his absenc that I might Hue 
Cherfully as he thought and want for nothing therefor he went 
unto John Emeris house and got John Emeri and his wife to be 
willing to let ther daughter Elizabeth Webster to Com and Hue 
with me and to lye with me untill he Cam whom again: but by 
the prouidenc of god this f el out to be hurtf ull to me : she was to 
worke for hir self and diat hir self e : and by this means I was 
occasioned to go often with hir to hir father Emeris house about 
his victualls and John Emerie promist to be 1 1 as ] | a father to me 
and a frend and Called me daughter and I him father: and I was 
often meril}^ disposed as young persons use to be genrally but no 
uncivell Carig as goodman Emerie and his wife have both acknow- 
ledged. 

" But so it fell out in the Intrim this M^ grenland Com to live in 
John Emeris house: and this becam a snare to me and Cordin 
likewise frequenting grenlands Companie at that house: and I 
haue bin a salted by them and not only so: but grenland have 
Labored Avith manie of my naibours to posesse them that I am as 

t Autograph. 



1663] RECORDS AND FILES 49 

guiltie as he and sais he can proue it. I hope it may apeer to the 
honored Court that not on of my naibors in all the toune nether 
neer nor further of Can say they saw anie uncivell Carridg or hurt 
by me in ther hues: and what wittnesses he will bring I know not: 
what so Euer thay be this is my Comfortt that I Can say in the 
psents of god and before his peopl with a good Concienc that nether 
grenland nor Cordin nor anie other Man in the world . . . what 
Euer Aspercions haue bin Cast upon me it is the hand of god that 
is upon me and I desier to be willing to bere it and I hope It shall 
be a warning to me in what Companie I com in to henc forward." 

mary (her mark) Rofe. 

"My Charg for Bringen M"" Greenland before the magstrat and 
for looken for him is tweleue shilens henry Jaques* Constabl 
neubry." 

Mary Rolfe and Elizabeth Webster deposed "that the first time 
that M'' Grenland Came to our house John Emerie brought him 
and M'^ Cordin and goody Emerie Came with him and it was late 
in the night: and John Emerie Came before and asked whether 
the old man wer a bed and said he would bring the two docters 
thither: which he did: and about twelve oclock John Emery and 
his wife went away and left the two docters there : but before John 
Emerie went away Came Richard Doles boy henerie Lesenbe to 
our house and John Emerie Charged the boy he should not tell 
his master who was there. 

"hauing Received severall abuses both my selfe and the maide 
that is with me, we did agree to be still together and to help on 
another: upon a time the maide had ocasion to go to hir father 
Emeris house about a pere of bodis shee desired me to go with hir : 
and when we Cam ther we hering goody Emerie and hir daughter 
was in the Chamber, we went up and ther was John Emeri likwis 
and though unknown to us this m"" Grenland was in the bed sick 
as they said : at last thay went down all but goodman Emeri and I : 
and I thought to speke to m"" Greenland about the abuse he ofred 
to me: before goodman Emerie he formerly pretending to be a 
friend to me I tooke this opertunitie I siting upon the Chest: but 
before I Could speke, m'' grenland Called me to speke with him, 
I bid him speke but he said I should Com neerer to speke in privat: 
but I said here is non but goodman Emerie but he Ernestly desired 
me to Com neerer, so I came and he Catched me by the apron and 
broke my apron strings and I gaue way to saue my apron and he 
Caught me by the arme and pulled me . . . then I said sir I 
wonder you ar so unciuell . . . then I Called to goodman 
Emerie and asked him if it wer not an unciuell part: then M'" 
Grenland said if his landlord would say it is an unciuell part he 
would let me go : but goodman Emerie made no answer but Laught 
nether would he help me . . . though I spoke to him: but with 
striving I got from him and went downe out of the Chamber: after 

♦Autograph. 



50 IPSWICH QUARTERLY COURT [Mar. 

this M"" grenland Came down: and John Emerie Invited us to 
supper and when M'' Grenland and we wer sett down to supper 
and while John Emerie was Craving a blesing and before John 
Emerie had half don M' grenland put on his hatt and spread his 
napkin and stored the sampe and saide Com Landlord light supper 
short grace. 

''After supper ther was a great del of Rude and unciuill discors 
m'' grenland speking that if hes wife should dy he would not marrie 
... he had a pretee young wife . . . This besid a greet del of 
such Hk discourc ther being John Emeris young son and daugh- 
ter and his wifs daughter and William Neffe and divers others." 

Will. Neafe deposed that being at John Emery's that night, which 
was five nights after Goodwife Rolfe accused Mr. Grinland, she 
and Ehzabeth went up into the chamber. After they had been 
there awhile, Jo. Emery came down and after him Goodwife Bond, 
Goodwife Emery and Elizabeth, and a good space after came 
Goodwife Rofe and Mr. Grinland. At supper she was so loving 
that she and Mr. Grinland ate out of one dish and with one spoon. 
Sworn in court. 

"Greenland when he Cam to John Emery's house got a vesel of 
strong licker and often was merie and urged me to drinke and 
tould me if I would not drinke it he would poure it in . . . and 
on tim did : and urged me often. 

"on tim John Emris wife sonn nathan webster Cam for me and 
bought a horse for me I asked the boy what to do I not being 
wiUing to go : the boy said he did not know unless it wer to drinke 
strong licers betie was ther and had it but I did not go." 

Barbri Elsly deposed that she heard Goody Emeri say that her 
daughter Elen did beUe her own father and that she could not 
trust her about anything. Wiham Ilsly,* aged about sixteen 
years, testified the same. Sworn in court. 

Peeteer Cheney deposed that being accidentally at Goodwife 
Rolfe's, she persuaded him to go with her to talk to Goodman 
Emory, for she said her mother knew about Mr. Greenland. When 
she went in she said "father emorey : if you doe not stand my freend 
I am quite ondun : goodman Emory repHed : if you haue dunn so I 
Cannnot helpe it," and she persuaded Goodman Emorey to see her 
mother, etc. Sworn in court. 

Henri (his mark) Lesenby, aged about eighteen years, deposed 
that the beginning of last January, he came by the house of John 
Rolfe about eleven or twelve o'clock at night and heard a shriek 
so he went straight into the house. He asked Goody Rolfe what 
was the matter and she said nothing, but he went to the bedside 
because he thought there was somebody there. "I saw the hed 
of a man and felt him and I did know it was M"". Greenland so the 
woman and I went out adore to Consider what was best to be don 
;S0 we thought becas he was a stranger and a great man it was not 

* Autograph. 



1663] RECORDS AND FILES 51 

best to make an up Rore but to let him go away in a priuat maner 
and first to speke of it to som friends and further s*^ there was a 
light in the roome & I knew him by his face & saw his clothes lye 
upon a box by the bedsyde." Sworn in court. 

Mary Emery, sr., Hester Bond and Elizabeth Webster testified 
that they were together at Goodman Emerye's house and Goody 
Roaf and Elizabeth Webster wagered a quart of sack to be drunk 
among them. EKzabeth lost and Goody Rolfe would have it 
drunk at her house the next night. Sack was not to be had, and 
a quart of liquor was procured instead, so they went down to 
Goody Rof 's to drink the liquor being burnt with water they drank 
part of it. Then Mary Roafe said she would save part of it until 
Mr. Greenland came home for she said he seemed to be a pretty 
man and she desired to be acquainted ^vith him. 

James Ordway deposed that he heard Jo. Emery and his wife 
exhort Goodwife Rofe not to carry herself so lovingly and fondly 
toward Mr. Grinland. John Emery owned it in court. 

Mary, wife of Jo. Emery, also deposed. 

Sara Knight,* aged sixteen years, deposed that being at Good- 
man Emeris to grind some corn to make some samp, Goody Emerie 
said that Goody Rofe was a lying woman and if she had not ex- 
claimed against her husband, nobody would have said anything 
against her. Sworn in court. 

Rebbecca Bishop deposed, Mar. 30, 1663, that about Jan. 14, 
last, "my daughter Sarah told mee shee being at meeting shee saw 
her sister Mary Rolf sadd & mallenchoUy her eyes swoln with 
crying, sighed. Shee asked her what was the matter? Shee wept 
& saide, shee was so troubled & haunted with Greenland that shee 
could not tell what to doe. The next day at night Greenland came 
to my house, (wherfore, I know not) I knowing nothing did kindly 
entertaine him & haveing a little before Received some kindnes 
from him I invited him to supper; After supper hee told stories & 
drank liker till near midnight, & then went away. My daughter- 
Sarah desired mee to let her goe to her sister Mary y* night, I 
asked her why shee would goe? Shee saide, I am afraide this man 
will goe thither to night for shee have been much troubled with 
him: I told her shee should not goe. But I would Goe my self to 
morrow, which I did. When I came neer the house I mett her 
boy with a glass, hee told mee hee was going for licker for the 
doctour I asked where the doctor was, hee saide hee was within. 
When I came in, my daughter & both looked saddly. The maids 
Mother sent for her, & the old man my daughters uncle went forth, 
I staled neer two houres & Greenland did not goe away : I had no 
Oppertunity to speak with my Daughter till at length I calld her 
forth & saide; what is the Reason this man come hither? She 
saide I know not I would he came Less. I told her I heard things 
were not well; Shee seemed to feare to tell mee all, But saide, hee 

* Autograph. 



52 IPSWICH QUARTERLY COURT [Mar. 

had often with many Arguments inticed her to the act of uncleanes 
but god had hitherto helped her to resist him & hoped still hee 
would. She had told him one word is as good as a thousand, The 
Sinn was odious to her and shee would never be unfaithfull to her 
husband. I said ; will you venture to lay under these temptations 
& concealed wickednes, you may Provoak God to Leave you & 
then you will come under Great Blame. Shee answered Mother 
I know not what to doe; Hee is in Creditt in the Towne some take 
him to be godly & say hee hath grace in his face, he have an honest 
looke, he have such a carriage that he deceiue many: It is saide 
hee is in Credditt with those that are in Authority in the Country : 
It is saide the Gouerner sent him a letter Counting it a mercy such 
an Instrument was in the Country, and what shall such a pore 
young woman as I doe in such a case, my husband beeing not at 
home. Betty & I have promised to bee faithfull to each other & 
to help one another. 

"I asked her if shee had told her uncle that so hee might bee 
within. Shee saide if I should tell my uncle it would bee pubUque 
I have spoken to him to bee within and will speake more to him 
with this I was somthing aunswered at present & went away. 
A little while after I came againe & Greenland was gone, And then 
my Daughter & the maide told mee all. I beeing much troubled 
saide; These things are not to bee kept private, wee may Justly 
Prouoake God, y* further mischeife may follow & then wee shall 
come under Great Blame: Beside the trouble that will bee to my 
conscience as long as I live. Shee saide, Mother, I have told you, 
& Goodman Emery, and hee have promised to bee a father to mee, 
& hee saith it is best to keep it private seeing there is no harm done, 
& that hee will looke to him, watch him, & lock him upp at night. 
I went home much troubled, And knowing Greenland knew it was 
Revealed I was afraide hee would have done some mischiefe that 
night. The same night I sent a young man & my daughter Sarah 
& bade her tell her sister y* these things were not [to] bee kept 
private, y* Goodman Emery beeing grand Jury-man must present 
them. In the morning my Daughter Sarah came home and told 
mee, that Goodman Emery & his wife desired y* I would pass it 
by this time & they would warrant no more harm should bee done, 
& if there were they would send mee word, & that their owne 
Childe was in as great danger. I saide can G : Emery pass it by. 
Shee told mee G : Emery was coming to satisfy mee about it. 

"I Going to my Daughters mettG: Emery, & wee fell into dis- 
course about it, Hee Advised to keep it Close & warranted there 
should bee no more harm done. I asked him how hee could 
satisfy mee soe? Hee told mee hee would lock him up at night, 
& lock the lickers from him, that hee should not bee drunk. I 
saide if hee had been drunk hoc M^ould have kept his bedd. Hee 
told mee thct hee was halfe drunk & then he was worse then dead 
drunk. I told him hee might come upon them & spoile them both. 



1663] RECORDS AND FILES 53 

Hee aaswered, That was true, I then asked Goodman Emery how 
hee could dispence with his oath beeing Grandjuryman. He 
answered, That I cann doe very well, I see no harm in none of them. 
This discourse was as we were going toward G: Emery's house. 
Hee desired mee not to speak with Greenland, I told him I did not 
intend it. When wee came to his house, meeting with Goody 
Emery, Shee & I fell into discourse about the buisynes. When Shee 
understood it Shee seemed to bee much troubled, & wished hee 
had never come to her house, & if they were paide for what hee 
had shee would hee were gone shee & I went to our daughters & 
examined them & found the matter more gross than at first, more 
over Goody Emery told mee that hee saide if Betty . . . shee 
might lay it to the hatter: I told Goody Emery I dare not 
ko3psuch things as these private upon my owne head, Shee 
wished mee to doe wisely. I desyring God to direct mee. That 
night I Revealed all to a wise man in y*^ Towne desyring his 
Advice, who did set mee in a way to bring it where now it is. ' ' 
Sworn in court. 

Hana (her mark) Noic, aged about twenty years, deposed that 
Goody Emerie said that she never saw any evil carriage between 
Mr. Grenland and Goody Roff. Further that Mr. Grenland was 
a traveler and a stranger and one who was very politic and no fool, 
and that she loved the woman as her own child and would not do 
her harm for her hand, etc. She further deposed that Goody 
Emerie accused her daughter, Betie Webster, of taking a false 
oath before the magistrate and Betie answered that she had said 
nothing but what she would stand to. Then her mother told 
her she lied and had taken her oath to a paper that she had 
heard read but once. "Betie said I never said so: nor never 
took oth to Nothing but the truth and that I will stand to the 
death." Deponent's mother and herself being together at Goody 
Rof's, they saw the maid Bete Webster much troubled and cry- 
ing. "My mother asked her why she was troubled she Answered 
my mother is such a trouble to me I cannot Eate nor sleep My 
mother ansur was if you have spoken nothing but the truth what 
need you be troubled." Mary Noyes* also testified to the same. 
Sworn in court. 

Barbri (her mark) Elsly, aged about fifty years, deposed that 
being at the new town where Betie Webster was, she asked her if 
it were true that the doctor was in Goody Roff's house, and she 
said it was. Deponent said, "O Lasse why did you let him in at 
dore : she answered that he did so Fumbel at the dore she thought 
he would have broke it open: but she said would we had Lett him 
haue broke it open for then it is said he would have bin hanged: 
I said I wished thay had not let him in thoug : she said that he 
desired but to light a pipe of tobaco and vowed he would not touch 
them so she said she let him in : I said did not you nor goody Roffe 

* Autograph, 



54 IPSWICH QUARTERLY COURT [Mar. 

Richard Cordin was complained of for attempting, on Dec. 9, 
1662, to assault Mary, wife of John Roffe in the stable or cowhouse 
of her mother Bishop. He desired to be tried by a jury and was 
found guilty. Court sentenced him to prison to remain until the 
next session of court and then to be whipped, unless he paid a 
fine of twenty pounds. J 

se him put of his Clothes before he Cam in to bed: she answered 
no for she was unreking the fier fore she said she had newly Raked 
it up and thought M'' Grenland had stood behind hir : and she said 
goody Roffe was a bed feeding her child with her bac towards the 
fier . . . betie said goody Rofe was so afrighted that she fell 
into a greevios fitt: then beti said sir what haue you don you have 
put the woman in to a fitt that she fered whether she would be 
well to night: and she said he made answer the Devell had such 
fitts or sent such fitts and it was nothing but a mad fitt. then I 
asked betie whether he did not give her som Comfortabl thing in 
hir fitt: and she said no no kind of thing but Railed at hir: betee 
said when Goody Rofe was Recovred then goody Rofe said sir 
who haue giuen the ofenc or what ofenc haue I given that you 
should speke such words : then betie tould me that as soon as he se 
she Could speke he went in to bed again : then I asked why goody 
Rofe did not Crie out : Crie out said betie she did Cri out and said 
lord help me what shall I do he will . . . and she said upon 
the out Crie or hering the out Crie he Cam in and then I hope her 
up: morour I said to betie dost thinke she . . . well then said 
1 1 am perswaded goody Rofe is an honest woman and so am I said 
betie," etc. Sworn in court. 

JThe complaint against Richard Cording was made by some of 
the selectmen of Newbery. 

Mary Rolfe and Sarah Sculler testified that about Dec. 9, 1662, 
Goody Bushop being sick, Mr. Cordin was sent for. Her daughter 
Marie Roffe was there to attend her: "and then falling in to a fitt 
as manie times she doth Ether by suden Joy or suden fer M'' 
Cordin then acted veri Louingly for hir help: afterward he gaue 
hir mother a dram of phisick and bid hir sleep but she being in 
Extremiti Could not sleep then he went to supper and neer two 
houers after she Could not sleep: then he gaue hir som thing on 
the point of a knife and said now she will sleep untill the morn- 
ing: then he desired Marie to show him wher hir horse was: she 
Answered hir horse was well for he was lookt to all Redy and fed 
well: he staid a litl while," etc. She went out with him, fearing 
to cross him, lest he harm her mother, and telling her sister that 
she would cry out if she were in any danger. In the stable he 
struck the candle out of her hand and she ran in front of the cows. 
He charged her to have a care for the cows, and she said she would 



1663] RECORDS AND FILES 55 

William Buckly was fined for breach of the peace, upon com- 
plaint of John Newman, for striking him in his own house and 
threatening him so that he was in fear of his life. 

An inventory§ was presented to court, Mar. 25, 1662, of the 
estate of John Goyte, amounting to 341i. 6s. Court found that 
there were six pounds put into the inventory in land that was not 
his estate, so the inventory should be 281i. 6s. 

John Godfry was allowed costs, having been attached by John 
Singletary in an action of review, and no action entered. 

Thomas Jeffords, being attached by Mordecha Crafourd in an 
action of debt, and no action entered, was allowed costs. And 
in another action of unjust molestation and no action entered, 
costs allowed. 

John Emery, Elizabeth Emery and Jonathan Singletary were 
pubUcly enjoined to appear at the next session. 

Whereas the county was indebted to several men who were 
urgent for their pay and the ordinaries unpaid, the law also pro- 
viding that the marshals levy the fines by such a time or else pay 
them out of their own estates, and there being many fines for which 
the marshal of Salem had had warrant from the treasurer to levy 
amounting to a great sum, and the court of Salem also having 



as soon be gored by the cows as to be defiled by such a rogue as 
he, etc. She cried out to Sara, and she sent out the negro, and 
Cordin threatened her if she told of it. Sworn before Daniel 
Denison.* 

Wilham Neaff and EHzabeth Webster deposed that they heard 
Goodman Roaffe's wife say in their house that ''M' Cording was 
as pretty a Carriadg man as Euer shee saw in hir fife," and at 
another time ''that M'' Cordin had given out som words to M"" 
Greeneland aboute hir miscariadg and further she said if M" Cordin 
had hold his tonge she would not have Charged anithing uppon 
him." Sworn, 1:2:1663, before Wm. Hathorne.* 

John Knight, sr.,* deposed that this last summer, he was at his 
son's house in the evening, and Goodwife Rofe and Mr. Cording 
came in about an hour and a half after sunset. Sworn before 
Daniel Denison.* 

§Inventory of John Coite : Three cowes, 12h.; 6 swine, 31i.; 
one Cowe, 51i.; to bedsteds, 10s.; one stere, 51i.; one Chest, 5s.; 
one sute of Carsie, lU. 15s. ; one chest, 8s. ; upland and marsh, 61i. ; 
to hundred of bords, 8s. ; total, 341i. 6s. 

* Autograph. 



56 SALISBURY QUARTERLY COURT [Mar. 

given notice to said marshal to discharge his trust, this court or- 
dered the said marshal, Samuell Archard, to appear at the next 
Ipswich court to give account at his peril, and in the meantime to 
gather the fines and make return. 

Allowed the keeper 31i. for his salary. 

Ordered that the treasurer pay to Mr. John Apleton and Thomas 
Bishop for defraying the workmen employed about the bridge, 
according to the account they have delivered to him, out of the 
county rate, 56U. 8s. 4d. and the other 1811., as it shall come to 
hand out of other fines. 

Mr. Edward Woodman was sworn commissioner of this court, 
and also to end small causes at Newbury. 

Richard Corddin, upon petition to this court, was released from 
imprisonment provided he give security to depart this jurisdiction 
within one week. Mr. Samuell Symonds and Major Genii. Deni- 
son were ordered to take security. 

Capt. Thomas Marshall, Mr. Oliver Purchase and Sergt. John 
Porter were appointed a committee to set off to Sarah, relict of 
Corpll. John Andrews, deceased, her third part of her late husband's 
farm, not meddling with the forty acres purchased of Mr. 
Price. 

Court held at Salisbury, 14:2:1663. 

Grand jury: Rob. Page, Ant. Stanian, foreman, Tho. Ward, 
Jno. CUfford, Morris Hobbs, Ed. French, Jno. Hoyt, John Weed, 
Jno. Gill, Willi. Buswell, James Davis, sr., Rich. Singletary and 
Tho. King. 

Jury of trials: Abraham Pirkins, foreman, Wm. Fullar, Robert 
Tuck, Nathanell Wyer, Joseph Fletcher, Robert Ring, Edward 
Gov, Andrew Greely, Tho. Barnett, Tho. Davis, Robert Swan, 
Jno. Robison, Richard Bray, Jno. Samborne, Jno. Redman, 
Jno. Carleton, Dan. Lad and James Davis, jr. 

Jno. Godfrey v. Ed. Clark. Appeal from the judgment of the 
commissioners of Haverhill, wherein said Clark was attorney, for 
Whittiker, the plaintiff in the case. Verdict for defendant, the 
confirmation of the judgment of the Haverhill commissioners. 
Appealed to Court of Assistants. 

John Godfrey v. Ed. Clark. Appeal from the judgment of the 
CO mmissioners of Haverhill in an action in which said Clarke was 
plaintiff, about summoning him to Salem court and not prose- 



1663] RECORDS AND FILES 57 

cuting. Verdict for defendant, the confirmation of the judgment 
of the Haverhill commissioners. The bench did not concur with 
the jury, and it was referred to the Court of Assistants according 
to law. 

John Godfrey v. Ed. Clarke. Appeal from the judgment of the 
commissioners of Haverhill in an action in which said Clarke was 
plaintiff, concerning serving three executions and taking full pay 
twice. Verdict for defendant, confirmation of the judgment of 
the commissioners of Haverhill. Appealed to the next Court of 
Assistants. 

Abraha. Pirkins v. Sam. Dalton, in behalf of the county of 
Norfolk. For traversing a presentment in which he was fined at 
Hampton court, 1659, and not with legal witness but a witness 
recorded that is no witness to the crime laid against him. Court 
remitted the entry of the action. 

Thomas Davis v. Jno. Hutchins. For several disbursements, 
labor and payments about the saw mill at Haverhill that now 
stands on Little river above Steven Kent's, which disbursements 
said Hutchins engaged to satisfy, of which mill said Davis held a 
third part. Withdrawn. 

Robert Clement v. Rob. Swan. Debt of eighteen pounds due 
for a horse about seven years past last Michaellmus. Verdict for 
plaintiff. 

Jno. Hutchins v. Tho. Davis. For disbursements about the 
saw mill. Withdrawn. 

Tho. Davis of Haverhill acknowledged judgment to Capt. Brian 
Pendleton and Mr. John Payne of Boston, merchants. 

Tho. Bradbury v. George Goldwyer. Trespass. For mowing 
part of his "higlede piglede" lot toward Hampton and for carry- 
ing away the hay from it, and going about to alter the title of his 
land. Verdict for defendant. 

Joseph Davis v. John Godfrey. For non-performance of a 
bargain in not delivering plaintiff forty bushels of wheat either at 
Haverhill or at Nubery, sold him about two years past. Verdict 
for plaintiff. Appealed to next Court of Assistants. 

Joseph Davis v. Peter Edg. For ear-marking a horse colt, which 
came of a mare which he bought of Jno. Billings. Nonsuited, 
the cause not arising in this court's jurisdiction. 

Joseph Davis v. Natt. Masterson. For defendant and Wigins, 
his deputy, levying an assigned execution upon plaintiff's goods, 



58 SALISBURY QUARTERLY COURT lApr. 

and not returning said execution according to law. Nonsuited, 
the cause not arising in this court's jurisdiction.* 

Jos. Davis V. Peter Edg. For unjustly molesting him in Jno. 
Billings' name, in bringing a hue and cry concerning a mare, which 
said Davis bought of Jno. Billings. Verdict for defendant. 

Capt. White v. Will. Deale. For non-payment of nine pounds, 
due upon his book for goods. Verdict for plaintiff. 

Capt. White v. Joseph Norton. Debt. For goods delivered to 
him. Half the entry of this action was remitted. 

Walter Tayler v. Capt. Walter Barefoot and Robert Tuck. 
Debt. For forfeiture of a bond of appeal, according to judgment 
of the Court of Assistants held at Boston, Mar. 3, 1662. Special 
verdict. If Capt. Barefoot 's letter of attorney was legal, and owned 
by Christopher Palmer at Boston, they found for the defendant, 
if not legal, they found for the plaintiff. The bench found for the 
plaintiff. 

*John Crocket and John Jemson deposed that in the year 1659 
Richard Whitt recovered a judgment at the court held at Yeorke 
against Joseph Daves and accordingly taking an execution to the 
value of twenty pounds. Said Whitt assigned his right to Capt. 
Walter Barfoott and this execution was levied upon Joseph Daves' 
goods according to the assignment in the said Barfootts' name, 
otherwise the aforesaid Daves had attached his goods as soon as 
the officer had levied upon them for the securing of money which 
said Whitt owed to the said Daves upon account. Further the 
deponents were present and heard the assignment of the execution 
read and because there were not goods enough to satisfy the execu- 
tion, the marshal's deputy levied upon the said Daves' body and 
kept him prisoner two nights and almost two days until the goods 
were bought. The goods the execution was levied upon were 
fourteen sheep, appraised at five pounds, but deponents considered 
them worth twenty shillings each, they being large sheep, mackerel 
and thirteen hundred white oak hogshead staves. One Weggens, 
Whitt's son-in law, was the marshal's deputy, and said Daves was 
constable, Whitt being under several arrests. Daves desired 
Nathanill Masterson, marshal of Yourk, to return the execution 
or to let said Daves have a copy of it and the assignment under 
his hand, and said marshal said the execution was lost, therefore 
he could not do it. Afterwards said Daves asked of the clerk of 
the court of Yourk for the execution, and the clerk answered that 
it was never returned. Sworn, 14:2: 1663, before Simon Brad- 
street.t 

t Autograph. 



1663] RECORDS AND FILES 59 

The Worshipfull Mr. Symond Bradstreet, Tho. Clark and 
partners v. Jno. Gillman and Jno. Fulsham, sr. Trespass. For 
taking away eighty or ninety thousand boards and planks of said 
plaintiff at the water side and from their mill. Withdrawn. 

Tho. Davis v. Jno. Hutchins. Debt. For beef, butter, cheese 
and labor which said Hutchins had of said plaintiff. 

Rob. Ring v. Town of Salisbury. For refusing or neglecting to 
deliver to him or his agent his proportion of salt marsh in the first 
division of "higledee pigledee" lots, belonging to himself and his 
right of freehold purchased of Jno. Fuller. Verdict for the plain- 
tiff. To pay a fine or make good his equal proportion of salt 
marsh for the right of his two lots, within two months. Appealed. 
Jno. Severans bound to prosecute.* 

Edward Yeomans was ordered to have a legal admonition for 
his non-appearance at Hampton court, having been summoned 
upon a presentment. 

Robert Swan v. Tho. Davis. For not performing a bargain 
which he made with plaintiff for half of said Davis' third division 
of upland which he promised to do. 

Ed. Goe V. Town of Salisbury. For refusing to make good a 
commonage due to him, which he bought of Josiah Cobham, 
having claimed it at a town meeting and they by a vote denying 
it to him, as the said Cobham had no right to it. Nonsuited. 

Jno. Hoyt of SaUsbury and Rob. Drake of Hampton took the 
freeman's oath. 

Moses Worcester chose Richard Wells as his guardian and the 
court approved. The court also desired said Goodman Wells to 
take care of Timothie Woster's estate, his land, meadow and 
housing. 

This court ordered that William Keniston, son of Jno. Kenins- 
ton, the apprentice of Walter Abbitt, shall continue with his said 
master according to his indenture, which was consented to and 

*Copy of the town records of SaUsbury, Feb. 26, 1663: Voted 
to refer to indifferent men to judge whether they have tendered 
satisfaction to Robert Ring according to the agreement of the 
town's attorney with said Ring concerning the appeal, and they 

made choice of Mr. Sewall of Nubery to join elwrite 

as judges, and Mr. Jno. Severans as attorney to prosecute in be- 
half of the town. Copy made by Tho. Bradbury.f 

t Autograph. 



60 SALISBURY QUARTERLY COURT [Apr. 

approved of by the worshipful Capt. Tho. Wiggin and Major 
EHezar Lusher at Portsmouth court the last June. 

Capt. Robert Pike entered his dissent. 

Joseph Davis, presented for buying raw hides, was admonished. 

Mr. Tho. Bradbury, Rich. Wells and Jno. Severans took the 
three men's oath. 

Court ordered that the Worshipfull Major Elieazar Lusher take 
Mrs. Worcester's oath to the inventory of Mr. Worcester's estate 
presented by her as executrix. 

Jno. Severans was licensed to keep the ordinary for the town of 
Salisbury and to sell wine and strong waters by retail. 

James Davis took the three men's oath. 

Court desired Mr. Carlton, Mr. Dalton and Mr. Jno. Oilman 
to audit the accounts between Tho. Davis and Jno. Hutchins and 
make return to the court. 

Old Willi. Marston, being presented by the grand jury at 
Hampton court for absenting himself from the ordinances on 
the Lord's days, and the presentment proved, was fined for six 
Sabbath days' absence. Eliakim Wardall and his wife for twenty 
days' absence and Jno. Hussey and his wife for twenty days' 
absence, were fined, one half the number of Sabbaths being 
abated. 

The assignment of Jno. Jonson by Ben. Musey of Rumly 
Marsh to Moses Oillman of Exiter, and the assignment of Moses 
Oillman to Robert Jones of Exiter was allowed according to in- 
denture. 

The town of Exiter, presented by the grand jury at the last 
Hampton court and the presentment found, was fined in case the 
stocks and pound were not made sufficient according to law, within 
one month, and the way to the bridge repaired or mended. 

Hugh Sharratt was allowed to keep the ordinary for the town of 
Haverhill and to sell wine and strong water at retail. 

Thomas Jonson was ordered to have a legal admonition. 

Ordered with consent of Salisbury and Hampton, that Mr. 
Samuel Dudley, Mr. Ed. Woodman and Mr. Jno. Carleton be a 
committee to end the difference between the said towns concern- 
ing their line from Hampton river's mouth to Mr. Batcheller's 
marked tree, according to the orders of the last committee con- 
cerning the same. They were to return their report to the next 
court at Hampton. 



1663] RECORDS AND FILES 61 

Ordered, with consent of the executor, Tho. Webster, of the will 
of old Cole,* late of Hampton, deceased, that after all the debts 
were paid, the said executor should have one half of the estate. 
The other half was to be given to the widow, and left with the 
prudential men of Hampton to be improved for her necessary 
hvelihood, who were to account to the Norfolk County court. 

Mr. Colcord's fine of five pounds was respitted until the next 
Hampton court. 

Wilham Deale and Mary, his wife, being presented by the grand 
jury for committing fornication and confessing, were ordered to be 
whipped, he ten stripes, and she five, to be executed in the after- 
noon or to pay a fine. 

*Will of Wm. Coule of Hampton, proved by Samll. Dalton and 
Wm. Godfrey: ''I wilham Coule being very aged & now taken 
very sicke & not hke long to continew in this world & yet by gods 
mercy Reteining my pfect sence & understanding do declare it to 
bee my last will as followeth. viz: y* unice coule my wyfe shall 
have II all || her Clothes w'^'^ shee left w*'' mee both her woollen 
clothes & her hnen & her small hnnen y* is to say. Hand kerchers 
neckclothes & head linnen y* is made for her & for my bowsing & 
lands y* is free & not engaged : I do give & bequeath y^ same unto 
Tho : Webster of Hampton upon good considerations & my Cattle 
& houshold stuff & tooles & w* ever els remaynes free after en- 
gagem*^ discharged all to remayne unto y" sole & pper use of y® s*^ 
Tho. Webster his heires & assignes for euer upon Condicon of 
II his II keeping of mee comfortably duering y^ time of my naturall 
life & I doe appoint my loueing f reinds deacon : Willi : Godfrey & 
Tho : Webster to bee my lawf ull Executo" to this my last will & 
Testam* y*' which I confirme w*^ my hand & scale, y^ twenty sixt 
of May one thousand six hundered & sixty two:" William (his mark) 
Coule. Wit: Willi, (his mark) Godfrey and Samll. Dalton. Copy 
made by Tho. Bradbury, f rec. 

Inventory of the estate of Will. Coule, sworn to by Tho. Webster, 
executor: His house lott of five acres & ye housen upon itt, 201i.; 
one acre of fresh meadow, 3h.; his two cows, lOh.; a two yere 
heifer, 21i. ; one sowe shote, 14s. ; a feather bead, boulster, pilloes 
& Rugg, 51i. ; a bag of tow, a bundle of yarne & a pcell of peild 
hempe, Ih. 10s.; 1 box & 2 barrills, 8s., 1 payer of Cobyrons, 5s., 
a wheele, 18d., 14s. 6d.; 2 old kettles & 2 frying panns, 1 old latten 
pan, 2 forkes, IBs. 6d. ; 1 salt box & salt, 2s., old breeches & 4 bages, 
an old wascoat, 14s., 16s.; a meale trough, 2s., 1 sive, a bole & 
tray, 2 payles & other wooden ware, 1 skillet, 17s. ; 1 old churne & 
an old cheese press, 3 chayers & 1 stoole, 10s. ; 2 yron potts, 2 old 

f Autograph, 



62 SALISBURY QUARTERLY COURT [Apr. 

In Benjamin's presentment committed to the Jurie, they do not 
find the indictment. 

Upon complaint of the town of Haverhill v. Peter Nash, for 
refusing to depart the town, being legally warned, court ordered 
that said Nash be conveyed by the constable of Haverhill to the 
town of Rowley as the place of his last abode, and the recorder 
issue a warrant from this court accordingly. 

Sarah Partridg chose Capt. Robert Pike as her guardian and the 
court confirmed it. 

Ordered that Capt. Robert Pike demand of Anthony Stanian 
and his wife, administratrix to Will. Peaslee, the amount which 
Will. Partridg received in old England as the legacies given to the 
children of said Partridg. This was to be delivered at the next 
county court at Hampton, according to said Partridg's bond. 

Ordered that Capt. Rob. Pike, Lt. Phillip Challis and Mr. Tho. 
Bradbury be impowered to divide the estate of Joseph Peasly, 
according to his will, all his debts being first paid and to make 
return thereof to the next Hampton court. 

Ordered that the Worshipful Capt. Wiggin take care to see that 
the indenture concerning Watt Abbitts' apprentice be according 
to the former indenture allowed by the said Capt. Wiggin and 
Major Elizar Lusher at the last Portsmouth court. Will Kenison.* 

Allowed to Jno. Ilsley, 5s., to Bennett, "y*' ostler," 4s., and 3s. 
to the maid. 

skilletts & 1 spitt, Hake & pot hooks & tonges, Hi. 4s. ; 1 hammer, 
a little box, & w* is in it & a payer of pinsers, 4s. ; 5 earthen panns 

& 3 potts, 4s. ; 2 baggs wth. wooll, 3 , 10s., scales & 4 leaden 

weights, 2s., 12s.; 2 chests, 10s.; 6 yards & 1-2 of England Cotten, 
Hi. 10s.; 2 shirts & 2 linnen baggs & 5 sheets, blue linnen, yard & 
1-2, 21i.; 1 old broad & an narrow axe, betle rings & wedges, old 
mattuck, other old iron. Hi.; 1 bible, 10s.; 1 table, 5s.; old iron, 
3s. ; Hemp & a stoole, 3s. ; 5 henes & 1 cock, 5s. Copy made by 
Tho. Bradbury, t rec. 

Inventory of the estate of Anthony Collby, late of Salisbury, 
deceased, taken Mar. 9, 1660, by San. Hall, Tho. Bradbury and 
Tho. Barnett: His waring Apparrell, 21i. 10s.; 1 feather bed & 
bolster & old Cotten Rugg, a payer of course sheets & a course bed 
case, 41i. 15s. ; one old warming pan, 3s. 4d. ; an other feather bed, 
feather pillow, feather bolster & a payer of sheets & Cotten Rugg, 
41i. 10s.; about 81i. of sheeps wooll, 10s. 8d.; five pound of cotton 

* This name is written in the margin. 
t Autograph. 



1663] RECORDS AND FILES 63 

Upon the chancering of the bond of Capt. Barefoot and Robert 
Tuck, the court ordered that Tayler should have 4li. 10s. for costs. 
Samuell French took the freeman's oath. 



wooll, 5s.; lOU. of Hopps, 6s. 8d.; a bed case, feather pillow & 
bolster case, a payer of sheets & old cotten Rugg, Hi.; an Iron 
pott, pott hooks & Iron skillett, 6s. 8d. ; a copp. kettle & a payer of 
tramells, lU.; a little old brass skillett & old morter & pestle, 3s. 
4d. ; trayes & other dary ware, 15s. ; a landiron, gridiron, frying 
pan, old cob iron, 5s. ; in old peuter, 3s. 4d. ; 4 scythes, 8s. ; 2 pillow 
beers, 3s.; table, two joynstooles, 2 chayres, lU.; old swords & 2 
old muskets. Hi.; one chest & one box, 10s.; an old saddle & a 
pillion, 10s.; old lumber, 10s.; a grindle stone with an Iron handle, 
3s. 4d. ; a new millsaw & 1-2 an old one. Hi. ; a croscutt saw & half 
a one. Hi.; a broad how, 3 forks, a rake, 2 axes & an Iron Spade, 
12s.; 5 yoakes, 10s.; 2 Iron cheynes, 10s.; halfe a tymber cheine 
& a new draft cheyne, Hi. 15s.; an old tumbrill with an old payer 
of wheeles. Hi.; 2 sleades. Hi.; a long cart & wheels & Spanshakle 
& pin & 4th pt. of an other cart, 2li. ; a plough & plough Irons, 10s. ; 

2 Canoas & 1-2 a canoa, 3U. 15s.; 6 oxen, 42 li.; 6 Cowes, 27h.; 2 

3 yeare old steers, 7U.; 2 Yearlins, 3H.; 2 calves, Hi.; 7 swine, 5li. 
5s.; 8 sheep, 4H.; 1 mare & colt, 20U.; 1 horse, 10s.; a dwelHng 
house & barne & 14 acres of upland in tillage, 70 li. ; a pasture of 
about 30 acres, 20li.; 2 lotts att yt wch is cald Mr. Hall's Farme, 
5H. 10s. ; about eighteen acres of fresh meadow, 40H. ; ye accoodacon 
bought of Mr. Groome, 6li.; 2 lots of sweepage & one higgledee 
piggildee lott, 41i.; 60 acres of upland towards pentucett bounds 
with meadow to be laid out, lOli.; ye 8th pt. of ye old saw mill, 
30H. ; 40 bushells of wheat, 91i. ; 10 bushels of barley & 6 of rie, 
31i. 4s.; about 60 bushels of Indian corne, 91i.; total, 359li. 19s. 4d. 
Copied from the files of the Norfolk county court records, and 
sworn to by the widow Colby, Tho. Bradbury,* rec. 

Anthony Colby, debtor: To Sam. Worcester, Hi. 7s.; Willi. 
Osgood, 21i. 9d.; Goodman Tappin, Hi. 2s. 6d.; Abram Morrill, 
2h. 10s. lOd.; John Tod, 10s.; Tho. Clarke, 9s.; Mr. Russell of 
Charlstown, lOh.; Mr. Gerish, 51i. 8s. 6d.; Mr. Woodman, 2li. 
14s.; Jno. Bartlett, 2h. 2s. Id.; Steven Sweat, 2U. 5s. 5d.; John 
Webster, 13s.; Steven Greenleif, 13s.; Goodman Peirce, 10s.; 
Goodman CiUick, 3h.; Jno. Lewis, Hi. 10s.; Orlando Bagly, 51i. 
19s.; Jno. Blower, 6s.; Mr. Worcester, Hi. 13s. 6d.; Mr. Bradbury, 
16s. 9d.; to the widdow Colby, lOli.; Henry Jaques, 21i. 10s.; 
WiUi. Huntington, lis.; John Severans, Hi. 13s. 8d.; Jno. Clough 
for grass, 6s. ; for 9 weeks worke, 8h. 2s. ; total, 68li. 14s. 7d. Debtor 
p Contra: Rodger Eastman, 10s.; Robert Clements, Hi. 5s.; from 
ye town, 9s.; Jno. Maxfield, 21i.; Leonard Hatherlee, Hi.; Sam. 
Worcester, 14s. 6d.; Goodman Morrill, Hi. 10s.; Steven Flanders, 

* Autograph. 



64 SALISBURY QUARTERLY COURT [Apr. 

Taylor and Capt. White, Capt. Pendleton and Ed. Colcord, 
Colcord and Palmer, horse, Colcord and Palmer, Colcord and Cass, 
Mr. Husey and Green, Fifeild and Green, Boulter and Shaw, 
Brown and Green, Marston and Green, town of Hampton and 
Boulter, Cousen Green, 2s. about Coul.* 

Court held at Ipswich, May 5, 1663, by Adjournment. 

Lidia Wardell was ordered to be severely whipped and to pay 
costs to the marshal of Hampton upon her presentment for going 
naked into Newbury meeting house. f 

6s.; Goodman Randall, 6s.; boards at ye saw mill, 31i. 7s. 6d. ; 
loggs to make 2000 of bord, 21i. 5s. ; for work done to ye estate, 
Ih. 2s. 6d. ; total, 141i. 15s. 6d. 

The division of the estate of Anthony Colby of Salisbury, late 
deceased, made by Tho. Bradburyt and Robert Pike,t Apr. 9, 1661, 
by order of the county court held at Salisbury. To ye widdow 
for hir part & the two youngest children: ye dwelling house, barne 
and 14 acres of upland in tillage, 701i.; ye ferrrie meadow, 301i.; 
ye household goods, 191i. 19s. 4d. ; a yoake of Oxen, 141i. ; 3 Cowes, 
13U. 10s.; 7 Swine, 51i. 5s.; in sheep, 2H. 10s.; in Corne, 21U. 4s.; 
the boggie meadow, lOli. To John Colby: an acre of land aded 
to his halfe acre at his house, 21i. 16s. ; two cheyns, lOs. ; a yoake 
of oxen, 151i. 10s.; Mr. Groom's accomodacons, 61i.; in sheep. 
Hi. 10s.; a cart & wheels, span, shackle & pin & ye 4th pt. of 
another cart, 2H. To Sarah, ye wife of Orlando Bagly: one Cowe 
& one 3 yeere old steere, 81i. ; a young horse, lOli. ; another Cowe, 
41i. 10s.; p. Isaac Colby, 51i. 16s. More payd by Isaac Colby to 
Orlando Bagly for ye which the estate was debtor, 51i. 19s. 8d. To 
Samuell Colby: one yoake of oxen, 131i.; the pasture, 20h. To 
Isaac Colby: the eleven lotts of marshe at Mr. Hal's farme, 2 lotts 
of sweepage & one higledee pigeledee lot, 91i. 10s.; 2 yearlins, 31i.; 
ye part of ye saw mill, 301i. To Rebecka Colby: a Cowe, one 3 
year old steere & ye mare colt, 141i.; two Calves, Hi.; a bed & 
bolster, 41i. 10s.; p. Isaac Colby, 2h. lis.; p. Sam. Colby, 51i. 4s.; 
in corne, lis. This division was consented to by the widow Colby 
and all the children who were of capacity. Confirmed by the 
Norfolk county court at Sahsbury, 14:2: 1663, and recorded by 
Tho. Bradbury,t rec. 

Writ: Capt. Paul White v. Lt. Daniell Lad; debt; dated Apr. 
7, 1663; signed by Richard Littlehale,J for the court; and served 
by John JohnsonJ, constable of Haverhill. 

fShe was the wife of Eliakim Wardell. 

* Fragmentary notes. 
J Autograph. 



1663] RECORDS AND FILES 65 

Mr. Nathaniell Saltonstall was discharged of his presentment, 
no witness appearing.* 

The will of Thomas Antrim, presented by Edmond Batter, was al- 
lowed and proved, and said Batter was ordered to give in the orig- 
inal to the clerk of the Salem court, both of the will and inventory. 

Henry Jaquis was allowed four shillings for hue and cries, which 
the treasurer was ordered to pay. 

Elizabeth Webster, for taking a false oath, was ordered to stand 
at the meeting house door at Newbury next lecture day, from the 
ringing of the first bell until the minister was ready to begin prayer, 
with a paper on her head written in capital letters, "For taking a 
false oath in Court," the constable to see it done, or else to pay a 
fine of five pounds to the treasurer and to be disabled for taking 
an oath. She made choice to stand at the door. 

Zacheous Curtice was sentenced, upon his presentment, to stand 
an hour at the court door with a paper in his hat written in great 
letters, "For setting up a f aulse purpose of marriage att Topsfield."t 

Joseph Mussye was fined upon his presentment. 

The constable of Ipswich, having by order of the selectmen given 
notice to Francis Bates that the town was not willing to accept him 
for a townsman, and said Bates refusing to remove, has complained 
to this court for relief. 

Robert Crose was fined or ordered to make acknowledgment 
upon his presentment for speaking scandalous words of the Major, 
reflecting on court and jury. His acknowledgment was accepted. J 

Mary Roffe, upon her presentment for several miscarriages, was 
ordered to pay a fine and was bound to good behaviour. § 

*Presented upon suspicion of getting into the meeting house and 
nailing Mrs. Wade's cushion on the top of the seat with divers 
nails, which continued there until many of the assembly came 
together, which was to the disturbance of many. Wit : Mr. Willson. 

fZaceus Curtis of Topsfield presented for setting up a paper at 
the meeting house on the Lord's day, publishing an intention of 
marriage between James Waters and Elisabeth Redington, being 
contra to the intention of the parties and without their knowledge. 
The father of said Cortis owned it. 

IPresented for saying he could get no justice so long as the 
Major sat on the bench. Wit: James Ford and William Wariner. 

§The wife of John Rofe was presented for reporting a scanda- 
lous lie that John Emery, sr., brought the doctor to her house 
unknown to her, when she herself came and invited them. Wit: 



66 IPSWICH QUARTERLY COURT [May 

John Kindrick was fined upon his wife's presentment.* 

John Roffe was bound for his wife's good behaviour. 

William Buckley was discharged of his presentment and John 

Gould was ordered to pay said Buckley costs. f 
Georg Smith was fined upon his presentment. + 
Andrew Peeters was fined upon his presentment. § 
John Emery's presentment for entertaining Quakers was referred 

to the next court, || and upon his presentment for entertaining a 

stranger, he was fined four shilUngs. 

Jo. Emery, sr., and his wife, Hester Bond and Ehzabeth Webster. 
For putting fig dust in Mr. Greeneland's bed and reporting it was 
Ehzabeth Webster, and said Greeneland being in the cellar where 
his medicines were, and the maid going to draw beer, said Mary 
Rofe shut the door upon the maid, stood before it and bade the 
maid remember her love to all she saw and kiss all she met. Wit: 
Jo. Emery, sr., and his wife, and Ebenezor Emery. For coming to 
John Emerie's house five nights after the time that she said Mr. 
Greeneland had assaulted her, laid down on his bed and the same 
night put a couple of stones in his bed, and since said Greenland 
was bound to good behavior she had sought his company both in 
their house and barn. Wit: Jo. Emery and his wife, Ehzabeth 
Webster, Wilham Neffe and Hester Bond. For keeping company 
at unseasonable hours of the night at her house to the disturbance 
of the neighbors. Wit: Tho. Silver and his wdfe. For riding 
with Mr. Cording at unseasonable times in the night, since as she 
says he offered that attempt of uncleanness. For reporting that 
Mr. Fuller would have committed a rape with her had he not been 
hindered by their coming in. Wit: Peeter Cheny, Hester Bond 
and Elizabeth Webster. 

*Presented for excess in apparel, wearing a silk hood, scarf and 
French fall shoes. Tho. Lord's wife, Shoreborne Willson's wife, 
Edward Alen's wife and Sary Avery, presented for wearing scarfs, 
and Robert Dutch's wife, for wearing a silk scarf, were discharged. 

fPresented upon suspicion of telhng a pernicious lie. Wit: 
Tho. Knolton, jr., Daniell Cha\Tiey, Ensigne Howlet and Even 
Moris. 

^Presented upon suspicion of telUng a pernicious he. Wit: 
Richard Smith and John Kenerick. 

§ Presented for disturbance or breach of the peace at the ordi- 
nary at Wenam, throwing cheese at Thomas Willet, and pursuing 
the latter when he attempted to escape until stopped by John 
Selado. Peters abused Selado and the constable was sent for. 
Wit: Sergt. Belsher and John Selado. 

1 1 Henry Jaques,ll aged about forty-four years, deposed that he 

t Autograph. 



1663] RECORDS AND FILES 67 

John Burbanke was admonished.* 

Frances Jordon was fined for entertaining strangers. Respitted 
until the next court. f 

heard Joseph Noyes say that after the Quakers had their meeting 
at John Emry's house, the latter bade them welcome. Further 
he said that Joseph Noyce said that John Emry had entertained 
Quakers both for board and table, and this said Noyce testified 
before the church at Newbry. John Emery and his wife acknowl- 
edged it, saying that they would not put them fron their house, 
and used argument for the lawfulness of it. Sworn in court. 

John Rolfe, aged about twenty-eight years, deposed that whereas 
John Emery, sr., affirmed before the honored court that he had 
not entertained any Quakers in his house since the meeting when 
Mr. Parker was sent for and came to them, "I doe testifie that I 
being at John Emerys S"" house about 3 weeks after that time did 
see two Quakers there & I herd him say to them & som others that 
were there y* Joseph Noyce came to his house & told him that ther 
were two quakers coming towards his house & wisht him not to 
entertaine them, he sayd if they came to his house they should 
be welcom & he would not forbid them there they were when I 
cam in & there I left them I was there upon occasion neare an 
houer & there were prsent in goodman Emerys house Aviliam Ilsly 
S'' & John muselwhitt." Sworn in court. 

Joseph Noyes, aged twenty-six years, deposed that as he was 
going to Goodman Emeries, sr., he overtook two women Quakers, 
and supposing that they would call at said Emmery's house, he 
cautioned him not to entertain them. While he was talking, they 
went into the house and stayed until he went away. Goodman 
Emmery was in the chamber, because he heard him call out to 
his wife, the latter being in the same room with the Quakers. 
Said Emmery had also entertained two men Quakers "very 
kindely to bed and table, & John Emmerie shook y"" by y* 
hand, and bid y" welcome." Sworn, 24:4:1663, before Simon 
Bradstreete. t 

He also was presented on suspicion of breaking the law in 
entertaining Mr. Greenland four months. 

§John Bowbank, jr., was presented for coming into the house 
of Thomas Nellson when they were all in bed and took fire in his 
hand to carry out into the street, said Neillson telling him not to 
doit. Wit: Tho. Nelson and John Lamburd. 

fPresented for breaking the law in entertaining Mr. Cording. 

Henry Jaques,t constable of Newbury, acquainted the Ipswich 
court with the following: ''For as much as John Emerie sen' is on 
of our grand Juri men this Last yere for our Towne of Newbery 
and he him selfe having Broken the Law as I do understand in 

I Autograph. 



68 IPSWICH QUARTERLY COURT [May 

Deacon Pengry had his Ucense renewed and also was granted 
a Hcense to sell strong waters. 

Mr. Baker and Corpll. Whipple had their licenses renewed. 

Abraham Perkins had his hcense to still renewed. 

The constable was ordered to take ten shillings for his charges 
out of the money of Stephen Graffam and return the rest of the 
money to the treasurer to be kept till the court take further order 
and the rest of the goods are released. 

Ordered that Stephen Graffam appear at the next Salem court 
to answer for his great misdemeanor of fornication, upon penalty 
of ten pounds. 

The marshal was allowed ten shillings for serving warrants. 

Stephen Swett was licensed to sell liquors by retail. 

Andrew Peeter's Ucense was renewed to sell by the gallon. 

Ordered that the treasurer issue warrants for the levying of all 
fines, and pay Mr. Baker what is due to him and to deliver to him 
five pounds of the money of Stephen Graffam. 

Account of the marshal of Salem: County debtor, 27111. 3s. 2d.; 
creditor, 595h. 6d.; balance due to county, 323h. 17s. 4d. Dis- 
trained by the marshal and is in stock, 22411. Is. 2d. ; in fines due 
from runaways, 42U. 8s.; in charges expended in levying fines, 
6h. 19s.; in fines not yet levied, 199U. 3s.; total, 472U. lis. 2d. 
Due to the marshal, 148H. 13s. lOd. ; remainder due to the county, 
323U. 17s. 4d. 

There being a paper called the last will and testament of Mary 
Smith presented and no executor named, court granted adminis- 
tration to Samuell Eborne, Richard Rowland and Major William 
Hathorne, or any two of them. They were ordered to dispose of 

Entertaining of Travilers and quakers in to his house and on m*" 
Grenland in all which disorder he haue bouldly Insisted wherby 
Reproch and scandall is Com upon our Towne to the dishonor of 
god and damag and hurt to som of our Naibours : for which acord- 
ing to my dutie I am bound to Enform the honored Court of such 
disorder and Likewise of M"" Grenland being a stranger lately 
Com in to the Countrie and in to our towne for not having licenc 
according to the law in paig 73 and 74 and Likewise I do Enform 
the honored Court of a quaker Elaacom Aldrous' wife of Hampton 
Came part naked in to our meeting house on a lords Day a litl 
before meeting began."* 

*This paper may be found among miscellaneous papers, Vol. 53, p. 5, Court 
Files. 



1663] RECORDS AND FILES 69 

the estate according to the mind of the deceased expressed in the 
aforesaid paper.* 

*Will of Mary Smith, widow of James Smith, dated Mar. 28, 
1663: She desired to be buried in the usual place of burial in 
Marblehead and bequeathed "my great Brasse kittell unto my 
daughter Cathoron Ebrane, And for all my pewter I give to both 
my daughters Cathoron and Mary to be equally shared between 
them, allsoe I give my linninge unto my two daughters aforesaid 
to be equally shared betwene them. And my two great Chares I 
give the one to my daughter Catheron and the other to my daughter 
mary Rowland aforesaid. And my table & stooles I giue to my 
d:iughter Rowland, And allsoe my great Cheste, Allsoe my spitt, 
driping pann the smothinge Iron and gridiron, And for my grand 
childrine I give and Confearme unto Samuell Rowland and Joseph 
Rowland all the Legasies that my husband James Smith lefte for 
them ; and three pounds w'='* is yet behinde unpaid unto my grand- 
child mary Eborne; And the other Legasies I doe heerby order 
and apoynt my tennant Samuell Cutler to pay, That is to say tenn 
pounds to Samuell aforesaid and five pounds to Joseph and three 
pounds to mary Eburne as above ; morever, I give to my daughter 
Mary Rowlands five Children five Cowes to each of them one; 
And for my daughter Catherons Children; I give to Mary and 
Rebeca Eborne each of them a Cowe ; And the reste of my Cattell 
beinge three steers a heafer & a Calfe of a yeare ould, I give unto 
my daughter Cathorons fouer younger Children namely Moses 
Hannah James & Sarah to be equally devided amongste them; 
only my will is that James shall have the three yeare ould steer, 
my feather bead & two boulsters, I give unto my grandchild 
Samuell Eborne & Allsoe my Iron pott. And to mary Eborne I 
give my htell joynt Chare, and my Box to Rebeca Eborn; And as 
for all debts as is due to me, my one debts that shall appeer dew my 
Credito''* beinge paid, the reste I give & bequeth to my two daugh- 
ters Cathoren & mary aforesaid. 

''Allsoe I give unto my Sonn James Smith my featherbead in 
the parler w*'' all things that doe belonge to it w*^ the beadsteed, 
my mare & my horse I give unto my sonn James to be improved 
for his Children ; the mare being now w*'' f oule the Coult when it 
falls I give to my two grand-children Samuell & Joseph Rowland, 
my great Cubbart I give to my daughter Eborn, as allsoe my Round 
table, & an Iron skillet, my pott I give to my grandchild mary 
Rowland mj^ great Iron Kittell I give to my grandchild mary 
Eborn; my brasse skillet to my daughter Rowland, my green Rugg 
I give to Samuell Eborn w*^ the bead aforesaid; my Read Rugg I 
give to my daughter Eborn, And my two peare of blanketts I give 
to my daughters to each one peare. And the reste of my stuff I 
give betwene my two daughters aforesaid to be equally devided 
amonge them." Mary (her mark) Smith. Wit: William Pitt, 



70 IPSWICH QUARTERLY COURT [May 

Hugh Marsh allowed costs in Mr. Greenland's and Richard 
Cordin's cases, which were prosecuted by him. 
Henry Jaquis, constable, allowed costs. 
Five shillings were given to the house. 

Joseph Rowland and Mary Eborn. Copy made, Apr. 16, 1663, 
by Francis Johnson.* 

"the bead and furnytver beloning to itt: in the whish the said 
mary Smith dyed in: she gave itt to her sonn James Smith then 
leven in ould ingland : the bead and f urnyture was this — one bead- 
sted: one bead: tto boulsters: and two pellowes: and one pare of 
blanketts : one rouge : and the Curtains and vallings : and one bead 
matte : and Cord : then belonging to itt. this is a truth : I then being 
present when this was so given Jane James — this she said is my 
deare sonn James Smiths, 18*^-10-63. A Sute of Clothes of Casa 
Catrin aborne and a pare of woosted stockings, mary aborne." 

Presentments, dated Mar. 31, 1663, and signed by Jonathan 
Wade,* in the name of the rest of the grand jury: — 

The wife of John How, for wearing a silk scarf and silver bodkin 
when she was a widow, was discharged. Wit: Georg Killborn's 
wife and Leonard Hereman's wife. 

The wife of Samuell Mighill, for wearing a silk scarf, was dis- 
charged. Wit: John Tod's wife and Tho. Wod's wife. 

Henry Batchelder, for absenting himself from the meetings on 
the Lord's day. 

Henry Lezenby, Richard Doell's man, for pulling down a board 
and going in Goodwife Rofe's window, coming upon three folks in 
bed. Wit: EHzabeth Webster and Hester Bond. 

Richard Knight and Hugh Marsh, for playing at cards at the 
house of the former. Wit : Bathshebah Knight and John Adkeson. 

Joseph Muzey, for reporting scandalous lies against Mr. Greene- 
land, Mr. Cording, John Emery, sr., and Stephen Sweate. Wit: 
James Merricke and his wife and Stephen Sweate. 

Robert Rogers, being bound to good behaviour, meeting Hester 
Bond and Mary Rofe in Rich. Dole's orchard, said to Hester that 
he was sorry there was such a difference between them, but if she 
had kept her tricks to herself they might have lived well enough. 
She said she was afraid he was in drink but he said no, he was in 
cold blood. Wit: Mary Rofe and Hester Bond. 

Will, dated Jan. 14, 1661, of Rev. John Norton of Boston, who 
was about to make a voyage to England: "Unto my brother M' 
william Norton of Ipswich, New England I give the sixe acre lott 
so called lying w*hin the Comon fence be it more or lesse, and the 
three acre lott so called lying in the Towne be it more or lesse, both 
which at present are in his occupation. I give also unto him all 
that house lott conteyning two acres more or less, w* I bought of 

* Autograph. 



1663] RECORDS AND FILES 71 

mathew whiple deceased and is now in the occupation of goodman 
Annable I give also unto my said brother wilham Norton that one 
hundred pounds due unto me for my house in Ipswich w''*' m' Cobbet 
now dwelleth in or if the one hundred pounds be not paid unto him 
w'hin three moneth^ space after legall demand made by him upon 
the knowledge of my decease. I then give unto him the house it- 
self e w*h the yarde yardes orchard or orchards & rest of the land lying 
unto the house as an houselot & bought since of m"' Baker I meane 
all that & only that which was sold unto m'' Cobbet, conceiving my 
title thereunto to be good upon default of non payment I give also 
unto my said brother william Ten pounds in currant money of New 
England to be paid unto him w%in three months after my decease : 
"I Give unto my ever endeared & honoured mother thirtie 
pounds in currant money of England to be paid unto hir use in 
london at my Brother m'' Thomas Nortons house w*hin three 
yeares next following upon my decease after the proportion of ten 
pounds per Annum that is to say the first yeare ten pounds, the 
second yeare ten pounds the third year ten pounds if she live so 
long. I give to my two sisters m" martha Wood, & my sister m" 
mary j^oung I say I give betweene them both twenty pounds that 
is to each of them ten pounds of current money of England to be 
paid w*hin one year after my decease at my brother Thomas his 
house in London. I desire my brother m"" Thomas Norton and my 
sister m''^ Elisabeth Norton either of them to accept of a Gold Ring 
of forty shillings price, for which end I give fowre pounds in current 
english money to be paid unto my brother Tho. and Sister Elisab. 
by the first oppertunitye after my decease. I give unto the poore 
of Boston ten pounds to be paid within three months after my 
decease I intend this ten pounds to the poore of that church in 
Boston whereto I am an unworthy officer: The rest of my estate 
(except ten pounds reserved for two overseers) I give unto my 
wife m""^ mary Norton namely my farme at Ipswich w*h the dwell- 
ing house barne or barnes outhouses or whatsoeuer belongeth 
thereunto. Also the sixe acre lot w''^ I bought of goodman Dane, 
Also my dwelling house in Boston w*h all the land be it one acre 
more or lesse w*h whatsoeuer else belonging thereunto. I give 
unto hir also all my household stuffe and furniture whither plate 
joinery Bedding, hnnen, peuter, Brasse, Iron or what kind soeuer, 
Also I give unto hir besides the three hundred & forty pounds 
which I have in England (three hundred whereof is due unto hir 
during hir naturall life) in the hands of Captaine John Leveret and 
my brother m'' Thomas Norton or in the hands of whomsoever 
they or either of them according to my orde"" have disposed it Into 
I give also unto hir one hundred seventeene pounds & ten shillings 
of current New England money now in the hands of m'' John Paine 
merchant of Boston: Also I give unto hir what the said m'' John 
paine of Boston oweth me upon the account of five hundred acres 
of land sold unto him by me for thirtye pounds. 



72 IPSWICH QUARTERLY COURT [May 

"Also I give unto hir thirty & two pounds or whatsoever more 
is owing to me by m"^ Epps of Ipswich in New England also I give 
unto her ail the money which I left with hir in the house provided 
alwayes that after the decease of my wife I give my farme at Ips- 
wich w% the dwelling house barne or barnes outhouses or what- 
soever els then shall belong thereunto w*h the sixe acres which I 
bought of Goodman Dane unto the children of my brother M"" 
William Norton to be divided equally amongst them his eldest 
son having a double portion out of the same and himself if he sur- 
vive my wife I meane by brother william if he survive my wife to 
enjoy the same unto his owne use during his naturall life, then to 
be divided amongst his children as is before said: My library I 
leave unto my wife also so as if she shall neede & see cause she may 
make the best of it for hir owne use otherwise my desire by these 
to her is, that if any of my brother Williams sonnes be trayned up 
unto the ministrye then to bestow it on him or them so educated, 
but this having thus farr signified my desire I leave wholly unto 
hirselfe securing myselfe that she will not be wanting to Answer 
my true Intent heerein: 

"Finally I make my sincerely beloved & loving mfe M" mary 
Norton sole execcutrix of this my last will and testament and I 
desire my good friends m"" Rawson secretary, and Elder Pen to be 
my overseeres and to accept as a testimony of my thankfulnes to 
them II of II five pounds a peece which ten pounds my will is shall 
be paid unto them that is to either of them fine pounds, w*hin three 
months after my decease." John Norton. Wit: John Wilson, 
jr., and James Johnson. Sworn before the magistrate, the Deputy 
Governor, Mr. Rich. Russell and the recorder, on Apr. 16, 1663. 
Copy made by Edw. Rawson,* recorder. 

Will of Thomas Antrum of Salem was proved 3:5: 1663. He 
bequeathed to : "Isaack Burnape the son of my daughter Burnape 
ten pounds at the age of twenty one years to be paid: if he dye 
before to be giuen to my son Obadiah Antrum Item I giue to 
Thomas Spooner my horse Colt Item I giue to Helyard Verin 
five pounds Item I giue to Obadiah Antrum my son all the Re- 
maind"" of my estate but in Case it should please god to take away 
by death my son before the will be proued: that then the Childe 
or Children of my daughter Hannah Burnape: (who hath hade her 
full porcon Already) shall haue the estate devided amongst them 
at the age of eighteene years. Morour I apoynte Edmond Batter 
my Executor for this my will and Thomas Spooner and Helyard 
Veren my Ouerseer as witnes my hand: this 24 of 11""° 1662." 
Thomas (his mark) Antrum. Wit: Thomas Spooner* and William 
Woodcocke.* 

Inventory of the estate of Thomas Antrum of Salem, deceased, 
taken Feb. 17, 1662, by Elias Stileman* and John Ruck:* Cattell 
lett to hire, 70U.; by soe much due for hire of ye said cattell, lOli.; 

* Autograph. 



1663] records and files 73 

Court held at Salem, 30 : 4 : 1663. 

Judges: The Worshipful! Mr. Symond Bradstreet, Mr. Samll. 
Symonds and Major Danyell Denison. 

Grand jury: Mr. Charles Gott, Henry Herrick, Antho. Buxtone, 
John Neale, Tho. Bootes, Will. Flint, Henry Roades, Richard 
Johnson, John Ramsdell, sr., Tho. Newell, Silvester Eavly, John 
BartoU and William Allen. 



by soe much due for a farme he sold in his Ufe time, 801i. ; 2 peeces 
of march containing 1 1-4 acres, 61i.; 2 steers, 3 yeare old a peece, 
9h. ; 1 mare at Lyn, lOli. & 1 mare in ye woods if not lost, 81i., 181i. ; 
a stone colt, Sli., 2 brass Kettells, 2h., 3 Iron potts, 21i. 2s., 121i. 
2s.; 1 brass pot & 2 bell mettle skilletts, 15s.; 2 brasse skilletts & 
pott hoockes, 8s. ; 1 skumer & brass ladle & pestle & morter, 6s. ; 
1 brass candlestick & chamber pot, 3s., 6 pewter platters, 18s., 
lU. Is.; 3 plates & 3 pewter dishes, 6s.; 30 old basons & 5 saucers & 
old pewter, 8s., 1 sword, 30d., 10s. 6d.; bookes, 4s., a stone bottle, 
6d., a bucking tubb, 2s., 6s. 6d.; At Goodman Spooners, 1 loome, 
25s., 6 pr. sleas & harnesse & shuttle, 25s., 2H. 10s.; 2 1-4 yrd. wt. 
cotten cloath, 5s., 2 cource sheets & 4 old bagges, 5s., 10s.; an 
Iron kettle, 7s., 2 old brass kettles, 2s., 9s.; a beame & scales & 
shott waite, 5s. ; 2 old basketts & a littell woole. Is. ; 2 pr. stockens, 
5s., 12 yrds. Kersy, 6s. p. yrd., 3H. 12s., 3H. 17s.; 3 yellow Cur- 
taines & vallens, 20s., a green Curtaine & carpett, lli. 7s. ; 1 whittle, 
10s., & 1 shagg mantle, 4s., a broad cloath stamell . mantle, lU. 14s.; 

1 Jump cloake & hood for a woeman, Ih. 10s. ; 2 cloakes & 1 long 
coate, 5h.; 1 Hatt & Portugall capp, 8s., 51i. 8s.; 1 muffe, Is., 
17 1-4 yds Linnen cloath, 24s., lU. 5s.; 3 long coates, 2h., 3 pr. 
breeches, 2 dublets, 3 short coats & wascoats, 3h., 51i.; 1 feather 
bead & bolster, 4h., 1 old feather bead & bolster, 2 H., 61i.; 1 flock 
bead & bolster, 20s., 3 feather pillowes, 10s., Ih. 10s.; 1 pr. course 
sheets, 8s., 1 blew Rugg, 35s., 1 green old Rugg, 5s., 2h. 8s.; a wt. 
blanket, 1 blew & 1 Cotten blankett, 1 new wt. blankett. Hi., 25 
3^ds. Cotton cloath, 31i., 2s. 6d., 8 bands, 2 capps, 3s., 3h. 5s. 6d.; 
12 yds, tiking, 36s., 4 Cource & 5 worne shifts, 14s., 2h. 10s.; 1 
Lind. wascoat, 2s., & skirt, 2s., 1 pr. sheets, 12s., 5 cource sheets, 
10s., lli. 4s.; 1 pr. pillow beers, 4s., a wenscot chest & 1 plaine 
chest, 14s., 18s.; 1 old settle chest, 12d., 3 chaires, 2s., 1 box. Is., 

2 pr. shooes, 6s., 10s.; frying pan, 18d., a hauck, chamber pot, 
suckling bottle & porenger, 3s., 4s. 6d.; a brass candlestik & 
lamp, 18d., 2 Jugg bottles, 18d., 2 1-2 yrd. penestone, 10s., 13s.; 
a bible, 10s.; in money, 61i. 15s. 6d.; 5 pillow beers in a box, 10s., 
71i. 15s. 6d.; 5 napkens, 3 towells, 8s., 3 table cloathes, 10s., a 
remnt. of holland, 3s., lli. Is.; 1 holland sheete, 13s., 5 cource 
sheets, 16s., 2 boxes, 4s., lU. 13s.; 5 spoones, & 1 Iron candle 
stick, 2s. 6d.; total, 263U. 6s. 



74 SALEM QUARTERLY COURT [June 

Jury of trials: Capt. Tho. Lothrop, Mr. Jon. Ruck, Mr. Antho. 
Ashby, Henry Skerry, Samuell Pickman, Tho. Farrer, Robt. 
Lemon, Mr. Peeter Duncan, Robt. Potter, Henry Collens, jr., 
Jon. Peach, jr., and Mark Bacheldor. In Andrew Mansfeld's 
action in the place of Capt. Lothrop, Leift. Jon. Rimenton. 

Civil cases: — 

Andrew Mansfeild v. John Hathorne. Appeal made by Jon. 
Mansfeild, attorney to said Andrew, from the judgment of a special 
court held, 30: 1: 1663, by the commissioners of Lynn. 

Mr. Edmond Batter v. Wm. Prichett. Trespass. For occupy- 
ing his land within the bounds of Topsfeild. Verdict for plaintiff, 
eight pounds, to be paid in what the ground produced. 

Richd. Brabrooke v. Corpll. Jon. Gage and Wm. Whitred. Tres- 
pass. For coming upon his farm, now in the occupation of Jon. 
Marshall, taking possession of his marsh by making bounds and 
forewarning his tenant about mowing said marsh. Verdict for 
plaintiff. Appealed to the next Court of Assistants. Wm. 
Whitred and Tho. Whitred bound.* 

John Godfery v. George Hadly. Non-payment of 201i. 8s. due 
upon bond which should have been paid to Jon. Godfery on Mar. 
25. Verdict for plaintiff, the defendant to deliver the yoke of 
oxen and twenty-two bushels of wheat within one fortnight. 

Robt. Hasselton v. George Hadly. Review of an action tried 
at the last Ipswich court. Verdict for plaintiff, that he should 
have his land according to the second division. Appealed to the 
next Court of Assistants. Mr. Crossby and George Hadly bound. 

Mr. George Emory v. Wm. Delloe. Debt. For the cure of his 
hand. Defendant, not appearing, forfeited his bond. 

John Godfery v. Jonathan Singletary. Defamation. For re- 
porting that plaintiff went into Ipswich prison in the night when 
the doors were locked and when said Singletary was in the prison, 
and other slanderous speeches. Verdict for plaintiff. Appealed. 
John Godfery and Mr. Edmond Batter bound. 

*John Marshall deposed that he had been several times with 
William Whitred upon his marsh, and that he had shown him the 
bounds, which Whitred said extended from a tree between John 
Burnam's and Richard Brabrocke's farm to a creek called Harre- 
din's creek, which he said was the bound down to the channel. 
Sworn in court. Copy made by Hillyard Veren,t clericus. 

t Autograph. 



1663] RECORDS AND FILES 75 

Mr. Henry Greeneland v. Samll. Bennett. Debt. Due for 
physical means. Verdict for plaintiff. Edward Richards, attorney 
for Samll. Bennet, appealed. Ed. Richards and Mr. John Hat- 
thorne bound. 

Mr. Henry Greenland v. Richd. Dole. Slander and defamation. 
For sajdng that plaintiff sent for the wife of John Roafe at John 
Emorie's bam, said Greenland being under great bonds at that 
time for his good behavior, and that he could prove it. Verdict 
for plaintiff. 

Mr. Henry Greenland, attorney for Mr. Richd. Cording v. 
John Bishop. Debt. For physical means and attendance for 
his wife. Verdict for plaintiff. 

John Emory, sr. v. John Roafe, jr., and Mary, his wife. Slander 
or defamation. By taking an oath at last Ipswich court that all 
the people went down from Mr. Greenland's chamber except John 
Emory and his wife, etc., which was not true. Verdict for defend- 
ant. 

Isack Ong v. John Longly. Slander. For saying that plaintiff 
killed a man for his doublet. Verdict for plaintiff. 

John Rolfe, jr. v. John Emory, sr. For bringing Mr. Greenland 
and Mr. Cording to his house at an unseasonable time of night, 
when plaintiff was not at home, and for sending for Mary, wife of 
said John Rolfe, to go to Emory's house to drink strong liquors 
and for giving her entertainment at his house. Verdict for de- 
fendant. 

Capt. Wm. Geerish, Henry Short, Richard Kent, Richd. Knight, 
Hugh March and Richd. Dole v. John Emory. For breach of a 
town order of Newbery, in entertaining Mr. Greenland to the 
great prejudice of the town. Withdrawn, 

Benjamin Parmiter was Hcensed to sell or draw beer for the 
ensuing year. 

Capt. Tho. Savage v. Mordecaie Creford. For withholding a 
debt due for goods and provisions since 27: 10: 1661. Verdict 
for the plaintiff. 

Capt. Tho. Savage v. Mordecaie Creford. For refusing to give 
possession of a house and land, with outhouses, situate in Salem, 
also of twenty acres of land near "Seader stand," and also one bark 
and one half a bark and the produce of a fishing voyage, with two 
boats at Capnawagon, all of which was sold and mortgaged to 
said Savage by said Creford. Verdict for plaintiff. 



76 SALEM QUARTERLY COURT [June 

Tho. Poore acknowledged judgment to Capt. George Corwin. 

Sjnnond Bradstreet, gentleman v. Isaack Cosens and Thomas 
Stawbry. Debt due upon bond for non-appearance at the last 
Ipswich court. Defendant, together with Rich. Croad, surety, 
forfeited their bond for appearance. 

Robt. Ingalls and Jon. Burrowes of Linn were sworn constables 
for the year ensuing. 

John Fich was chosen and sworn constable for Gloster. 

John Norman was sworn constable for Manchester. 

Richard Shatswell v, Mr. Wm. Norton. Trespass. For making 
use of plaintiff's land toward Reedy marsh bridge and laying claim 
thereto. Verdict for defendant. 

Margaret, widow of John Bermet, was appointed administratrix 
of his estate. Inventory,* 761i. 2s. The estate was to remain in 
the widow's hands, save the house and land appraised at 501i., 
which, after the widow's decease, was to go to her daughter Mary, 
wife of Elias White, and to her daughter's maid 's child Joane had 
by her first husband, Christopher Codner. 

Robt. Crosse v. John Marshal. Unjust molestation. By suing 
him at Ipswich court about mowing his grass. Nonsuited. 

John Porter, sr. v. Mr. Tho. Andrewes, administrator of the 
estate of John Andrewes", deceased. Debt. Nonsuited. 

Mr. John Paine, executor of the estate of Mr. Wm. Paine, late 
of Boston, deceased v. Walter Barefoot. Debt. Neither plain- 
tiff nor defendant were of this county and the cause could not be 
tried here. Nonsuited. 

Mr. Edmond Batter v. Samll. Archard, sr. For not delivering 
the full quantity of fish due him from Mordecaie Creford, 
according to judgment granted him in June, 1662. Verdict for 
plaintiff. 

Whereas there was an attorneyship given to Mr. Danyell Epps 
from Colonel Thomas Read, who had an estate in land and other 
ways in this country, the said Colonel Reade having deceased, 
said Epps was appointed administrator of the estate to bring in 
an inventory to the next Ipswich court. 

*An invoice, dated June 29, 1663, of the estate of widow Benett 
of Marvelhead : For a house Lot and fence, 50U. ; four Swine, 61i. ; 
four heifers, 71i.; a f ether bed and furniture, 5li.; one Rug, 2li.; 
a Coate, Hi. 5s.; Iron, Brasse and puter, 21i. 5s.; a table, box and 
Chist, 12s.; total, 76U. 2s. 



1663] RECORDS AND FILES 7T 

The will* and inventoryf of Tho. Flint, deceased, were proved 
by Robert Moulton and Job Swinerton, and allowed. 

*Will of Thomas Flint, dated Apr. 1, 1663, was proved 2: 5: 1663. 
He bequeathed to " my wife . . . fiftie Acres of emproved Land 
& my meadow & housing. To my sornie Thomas I Giue thirtie 
acres of vpland one my ffarme next to M' Gardners as hee sees fit 
not entrenching one his mothers meadow or broken land as also 
ten pounds in Come or Cattell all which he is to enjoy at age: As 
also after my wives decease to enjoy two thirds of my farme I bought 
of which was M' Higginsons & Goodman Goodall, & in case his 
mother doth marrie then that he shall enjoy the one halfe of the 
emproved Lands & meadow & housing. To my sonnes George & 
John, I give all my Land I bought beyond the River, to enjoy 
equally devided to them when they are at age or at theire mothers 
decease yf shee die before, it is my will that yf George die without 
seed, then my sonne John to enjoy his part, & yf John die without 
seed then my sonne George to enjoy his parte. 

''To my sonne Joseph I give the other third part of my Land 
which was M"^ Higginsons & Goodman Goodalls, It is provided that 
my sonne Joseph enjoy it at his mothers decease, & yf my sonne 
Thomas die without seed vnmarried then his part to fall to my 
sonne Joseph & Contrariwise yf my sonne Joseph die without seed 
then his part to fall to Thomas & soe to pass from one to another 
yf hee that enjoyes it die without issue. To my daughter Elizabeth 
I Giue thirtie pounds at marriage in Corne & Cattell, & I doe 
appoint my sonne Thomas when he enjoys his two thirds as aboue- 
said then to pay to my Daughter Elizabeth & in case the farme fall 
into Josephs hands before he is of age or after he to pay her the 
said ten pounds I doe appoint my wife whole executor, I entreate 
my Two friends M"^ Wilham Browne Senio"" & Goodman Moulton 
to bee my overseers, to see this my will & testament pformed, & 
this I Leaue as my Last will and Testament. In witness whereof 
I set to my hand. T. F." Wit: Robert Moulton,| Joseph (his 
mark) Pore and Job Swinerton, jr. J 

*'my will is that my wife at her death giue the estate shee leaues 
to my children whome shee will 

"my desire is that my freind Job Swinerton Junior be joined 
with m"" Browne & Goodman moulton." 

flnventory of the estate of Thomas Flint, taken Apr. 14, 1663, 
by Robert Moulton,t Samuel VerryJ and Henry Phelps :| The 
Farme, 1201i.; land Bought of Goodman Goodall, 20U.; land 
bought beyond Ipswitch River, 41ii.; neate Cattell, foure oxen, 
20U.; two yongue steeres, 5H.; sixe two yearhngs, 12U.; a bull, 
311.; a Mare & Foale, 151i.; two horses, 201i.; a Yongue horse, 51i.; 
a Cart & plow, chaine, axes, howes, 31i.; Indian Corne, ten Bus- 
hels, Ih. 10s.; a Bushell Rie, 4s.; two Kittles & a pot, Hi.; pewter, 

± A Integra ph. 



78 SALEM QUARTERLY COURT [June 

Wm. Edmonds had his license renewed for the ensuing year and 
was also licensed to draw strong waters until next Salem court. 

Richard Waters was granted a license to still and sell strong 
waters at retail. 

Robt. Sollas, dying intestate, the widow, Freeborn Sollas brought 
in an inventory* of his estate, amounting to 14311. 9s. 6d., and was 
appointed administratrix. She was ordered to pay the children 
had by her late husband, Hanna, Mary, Sara and Robert Sollas, 
lOli. each at age, and to give bond for the payment of the children's 
portions at such time as she change her condition by marriage. 

There being a petition presented to court from the selectmen of 
Newbery for the remittance of a penalty for not repairing a high- 
way according to court order, this court remitted the fine until 
next Ipswich court. 

Steeven Graffam, alias Grafton, bound to this court for com- 
mitting fornication, forfeited his bond for appearance. Court 
moderated the bond to six pounds, and ordered that the goods 
of his in the hands of the treasurer or constable of Ipswich be 
released and delivered to said Graffam or his attorney. 

Whereas there was an estate of Mathew Whiple of Ipswich, 
deceased, which was ordered at a court held at Ipswich, Mar. 29, 

12s.; bed & bedding, lOh.; wearing clothes, lOh. ; chest & lumber, 
lU.; swine, lOU.; a flitch of bacon, Ih.; William Curtess is debtr., 
61i. ; land bought, IH. 10s. ; total, 330h. 16s. Thomas Flint, debtr. : 
To Mr. Browne, 15h.; Goodman Goodall, 20h.; Goodman Cowdrie, 
31i. 15s. ; Goodman Clarke & Lieutenant Smith, 161i. 5s. ; Goodman 
Canterbury, 3U.; other small debts, 7U, 13s. 4d.; total, 651i. 13s. 4d. 
*Inventory of the estate of Robert Sallos, appraised by Tho. 
Lowthropp,t John Thorndike,t Richard (his mark) Brackenbury 
and John Pacheif Wearing Cloathes, 8h. 15s.; woster & yearne, 
woolen & lininge. Hi. 10s. ; boots & showes, 12s. ; fishing lines & 
leads, 13s.; bands, table-cloathes & napkins, 5U. lis.; five paire 
of sheets, 5h. 2s.; shirts & one ould waskcott, 10s.; one musket, 
sword & bandlears, lU. 10s.; bedding, 31i. lis.; barrels, lis.; 
flax & leade, IBs.; in beding, lOU. 9s.; towe chests, one truncke, 
towe boxes, lU. 14s.; two bedsteeds, 12s. ; bookes, Ih.; Ironware, 
21i. 13s.; one smothin Iron & looking glas, 8s.; puter, 2h. 3s.; 
earthen ware, 16s.; wood ware, baskets, spinning wheeles, Ih.; 
lumber, lU.; one Cowe, 51i.; two pigs. Hi. 10s.; house & ground, 
751i.; one prentice box which cost lOU.; one Caimiow, Hi. Is.; total, 
14311. 9s. 6d. In fish, 8U. 10s.; in salt, Hi. 4s. 

t Autograph. 



1663] RECORDS AND PILES 79 

1659, to be given to Mary, wife of said Mathew and their child, 
that is, the land to the said child and the rest of the estate to the 
widow, the child having since deceased, this court appointed John 
Whiple, son of Mathew Whiple, father of said Mathew, deceased, 
administrator of the estate of the child, and to bring in an inven- 
tory to the next Ipswich court. 

Mr. Thadeus Riddan had his license renewed to sell strong 
waters at retail. 

Whereas Jon. Wolcott received of the marshal of Salem 201i. 
toward the building of a bridge in Newbery bounds, and there 
being 201i. more to be paid him, court ordered that the county 
treasurer pay said Woolcott. 

Isaack Hull, who came over in the John of Waimouth in 1663, 
was allowed as an inhabitant of this jurisdiction. 

Joane, wife of Wm. Longly, and his daughters Mary and Hanna, 
being complained of for resisting the constable and his assistant, 
were fined and ordered to pay charges to constable Tarbox, and 
to witnesses, Oakes, Tarbox, Newell and constable Burell. 

Grace, wife of Thomas Sollas, deceased, presented an inventory* 
of his estate amounting to 701i. 15s. 5d., and was appointed ad- 
ministratrix. Court ordered to the children as follows : to Thomas, 
4H., and to Marj^, Robert and Abigail, 40s., each at age. 

*Inventory of the estate of Thomas Sallowes, taken June 4, 1663, 
by Elias Stilemanf and Tho. Rootes:t One house & one acre & 
halfe of Land, 601i.; one Cowe, 4h. In ye parlour: one feather 
bed & 2 boulsters, 2 pillowes, 1 pr. of white blanketts, 1 blue Rugg, 
a straw bed, curtaines & vallance & bedsted, 81i. ; 1 Court Cubbard, 
12s.; 1 wainscort chest, 10s.; 1 table & 2 joyne stooles, 10s.; 1 
carpit, 9s. ; 3 boxes & 3 chaires, 8s. ; 1 warming pan & pr. tongs & 
fire shovell, 8s.; 1 Cushion for a Cubbard's head. Is. In ye Hall: 
1 ould feather bed & 1 pr. blanketts, 1 feather boulster, a canvas 
bed & a boulster case, 1 greene rugg, 1 bedsted, curtanies & val- 
lance, 51i. ; 1 pr. blanketts, a feather pillow & 2 canvass bed case, 
lU.; 1 settle, 5s. & 9 chaires, 13s.; 6 cushions, 6s., 3 feather pillows, 
4s., 10s. ; 2 hakes, 1 pr. tongs, a spit & gredeiren, 6s. ; 1 frying pann, 
old, 12d., & smothing Iron, 2s. 6d.; 2 Iron potts, 1 Iron kettle & 
skillett, 14s. ; 2 brass kettles & 2 skillett, Hi. 6s. ; 1 Looking glass 
& a Jugg bottle, Hi. 6s. ; 2 bookes of Mr. Burroughs & 2 ps. bookes, 
10s. ; 1 brush, 9d., 2 pr. pott hookes, 2s., 2s. 9d. ; in wearing clothes, 
31i.; 9 pewter dishes, 1 bason, 2 small basins, 2 quart potts, 8 
porrengers, 4 spoones, 1 beaker & a boule & 1-2 pint pott, 7 saucers, 

t Autograph. 



80 SALEM QUARTERLY COURT [June 

William Hoare was allowed 6s. for costs for his attendance three 
days, being under an attachment to answer Abner Oardaway, and 
said Abner not prosecuting. 

Whereas John Comins, mariner, late of Salem, had been lately 
out upon a voyage and it being feared that he was lost, all his 
estate in the hands of John Orme of Salem and all else to be found 
in this country, said Orme was ordered to inventory and return 
the same to the next Salem or Ipswich court. 

John Pearle, being censured by the Ipswich court and ordered 
to be corporally punished, upon his petition to this court, the 
punishment was ordered respitted upon condition that he pay 
81i. to the marshal of Salem before the next Ipswich court. 

Mr. Gedney, Mr. Duncan and Thomas Marshall had their 
licenses renewed for selling strong waters at retail. 

Richard Dole was released from common training, paying 10s. 
yearly to the use of the company. 

Mr. Joseph Bowd, being bound over to this court by the Wor- 
shipfull Major Wm. Hathorne for breach of law in selUng strong 
waters at retail, was fined 201i. for four offences, 51i. to be paid at 
once, and the remainder to be respitted until he have opportunity 
to petition to the General Court for remitting. 

John Acy, being indicted for breach of the peace, and desiring 
to be tried by a jury, was found guilty and fined. Also Tho. Burby 
and John Acy, for provoking speeches at the smith's shop in 
Rowly, provoking one another, and unworthy carriages, were or- 
dered to make acknowledgment in open court, which they did. 

2 salts, lU. 15s. ; 1 brass candlestick & 2 brass Ladles, 5s. ; in Latten 
waire, 3s. ; Lisburne ware & glasses, 10s. ; 2 doz. of trenchers & 6 
spoones, Is. 6d.; 15 woodn. dishes & 3 trayes, 5s.; 3 sives, 3s., 2 
chests, 6s.; small table, 4s., 13s.; 1 musquet, 10s.; 2 baggs, 5s., 
& old sea beds & beding, 15s., lU.; 13 sheetes, 3h. 10s.; 3 calleco 
table clothes & 1 ossingbriggs, 15s.; 2 old cobberd clothes, 2s., 6 
Lockm. napkins, 8s.; 12 pillow-beers, 20s.; 6 small ones, 3s., Ih. 
3s.; 14 towells & 1 table cloth, 14s.; 5 shirts & 1 white demyty 
wastcote, Ih. 10s.; 2 old axes, wedges & erthen potts, 8s.; in 
Lumber, old barrells & tables & pals, 10s. ; 1 Lining bask good & 
2 old, 3s. ; in a part of a stage & house at ye Messery, Hi. 10s. ; 4 
codlines, 2 pr. of shoes & portugall capp, 10s.; 1 doz. handkerchiefs 
& 6 bands, 10s.; 6 pr. Stockings & a spinning wheele, 12s.; a pestle 
& morter of brass, 2s. Id.; total, 10511. lis. 3d. Debtor: to Mr. 
Wm. Browne, 18n. 15s. lOd.; to Wm. Allen, 161i.; total, 34U. 15s. 
lOd. 



1663] RECORDS AND FILES 81 

William Longly and Edward Richards, appealing from the com- 
missioners' court at LjTin to the Ipswich court, and not prosecuting 
the appeal, were fined. 

Joseph Bowed was licensed to sell strong waters and beer at 
retail until the next Salem court, upon trial. 

Mr. Edmond Batter, who, with Mr. Joseph Humfries, was 
administrator of the estate of John Humphries, deceased, pre- 
sented an inventory which was allowed. Said Batter was allowed 
full power of administration in the absence of Joseph Humfries. 

Inventory* of the estate of George Smith, deceased, was allowed, 
and his mother, the widow Smith, was appointed administratrix. 

Inventoryt of the estate of Henry Mudle was presented to this 
court by Mr. Peeter Duncan. 

*Inventory of the estate of Georg Smith, late of Salem, deceased, 
appraised Mar. 9, 1662-3, by Jefferie MasseyJ and Tho. Rootes:{ 
One Cloth Cloke, 21i. 5s.; a short Coate, a wastcote, a payre of 
stuff breeches and an ould Coate, 31i. 8s. ; 2 ould shirts, 7s. ; 1 hatt, 
7s.; 1 hatt, 3s.; 4 bands, 4s.; 8 handkerchifs, 8s.; 2 payre of 
stockings, 6s.; debts due. Hi. 6s.; total, 9h.; debts owing the 
estate, 2H. lis. 3d. 

fWheareas theare w^as a writtinge delivered unto Ipswich 
Courte in March anno 1662 By the Selectmen of Gloucester w'='^ 
they Called an Inventary, in these words: "Two Barrells mack- 
rell, Richard Beefard indebted unto the sd Muddle, 8s.; one old 
Coate, 5s. ; one new wascoate, 15s. ; one suite of Kersey, 21i. ; one 
Coate, 14s. 6d.; one pare of French heele shooes, 5s.; two pare 
stockings, 10s.; one sharte, 7s.; one hatt, 14s.; one Lockram 
Sharte, 9s. ; one sharte, 10s. ; one lockram sharte, 10s. ; one halfe 
silcke neekcloath, 6s.; one Linen necke Cloath, Is. 6d.; 1 hand- 
charchife, 6d.; 1 pr. yarn Gloves, Is. 6d.; 1 pr. Leather Gloves, 
Is. 6d.; 1 Codline, 3s. ; 1 dozen & 1-2 hookes, 4s. 6d. ; Ipue, 6d. ; 
a Chest, 2s. 6d. ; Cape, 5s. ; 4 3-4 yds Cape Cloath, 16s. 7d. ; one 
heyfor wee find in Henry Walker's hands, 21i. 10s. ; wee find inOsman 
Duch's hands, 31i.; total, 141i. 16s. lOd.; since which time received 
in June, 1663, of Robert Ellwell, 2 quintalls merchantable fish, Hi. 
12s.; making total 16h. 8s. lOd. Charges for Tvdntering a hyfer 
wch. I payd Hen. Walker for, 12s.; in Osman Duches Debt paid 
Before his Death, 2h.; To the Clarke of Ipswich for writtinges, 
2s.; for my Journey to Salem aboute this Buisnesse, 5s.; total, 
21i. 19s. Sworn in court by Peter Duncan. t 

Another account, dated Gloucester, Aug. 6, 1661, was also 
presented by Peter Duncan :t Henry Mudle, Debitor, Aug. 6, to 
balance of former acctt., 10s. Id., to sugar, 7d.; Aug. 9, to John 

J Autograph. 



82 SALEM QUARTERLY COURT [Jime 

The servants of the house were allowed 7s., and Mr. Browne's 
maid, 18d. 

Will* and inventory of Wm. Cantlebury were allowed, the will 
being proved by John Porter, sr., and Nathanyell Felton. 

French, the Tayler, 5s. 6d., mne and Rume at severall tymes, Hi. 
16s. 5d.; Oct. 28, to Caske for 2 tun barrells, 28s. p tun, 2 li. 16s., 
to marphandise for 7 1-2 yds. Canvas, 14s., for threed, 3d.; Aug. 
29, to sugar, 6d.; Aug. 30, to marchandise for thread, 6d., to rum, 
1 gallon, 6s., wine 4 gallons, 3 qtrs. delivered to Jno. Gent p. his 
order & 22 1-2 li. su^ar. Hi. 5s. Id.; Nov. 20, brandy 1 quart, 2s., 
wine & rum. Hi. 9s., poorke 38611. at 4d., p. li., 61i. 8s. 8d., bisquits 
for 2-1-0 at 21s. p., 2h. 7s. 3d., marchandise for 2 holland neck- 
cloathes, 8s.; Nov. 28, to Thomas Millett, sr., for 2 bushells Indian 
Come, 6s.; total, 1811. 15s. lOd. Henry Muddle, Creditor, Oct. 
12, 1661: Oct. 20, By fish 4 quentalls refuse att lis. p. qntl., 2U. 
4s.; Mar. 1, By 159h. porke wch. the selectmen of Gloucster 
Delivered as they said to mee Beeinge a parte of ye 38611. of 
porke wch. I Charge one the other side wch. the selectmen delivered 
mee at 5d. p., 3h. 6s. 8d.; Oct. 20, 1662, by the acctt. of his Estate 
wch. is Due to mee upon Ballance of this acctt, 1311. 5s. 7d.; total, 
18H. 15s. lOd. 

*Will of William Cantlebury of Salem, dated Apr. 2, 1661, was 
proved 3:5: 1663. He bequeathed to "Beatrice my wife, my 
house and orchard, & the land lyinge betweene the land of Richard 
Leach & John Rowden: the which house and land I giue to her & 
to be at her dispose. Item : I giue vnto Beatrice my wife : all my 
moueable goods, all my Catle: both younge and old, & horse and 
mares. All the which foresayed house and land: mouable goods 
and Catle I giue vnto her f rely, & to be at her dispose : Prouided, 
that in case my wife should marry to another husband : my children 
be not deprived, of what my wife shal leaue at her decease. Item : 
I giue vnto my son John: the 3 quarters of the farme. I bought 
of m'' George Corwine (the 20 acres excepted, that I disposed of to 
Job Swinnerton) only Inioyninge him, to pay as legacyes out of 
the same, twenty pounds to my Daughter Ruth, & twenty pounds 
to my Daughter Rebbecca & her children. Item: mj^ will is in 
case my son John shal depart this life, or shal not come to take 
possesion of the sayd farme, I giue vnto him, for that is my will 
that he shall come in person to take possession : or else : If he depart 
this life, or doe not come to take possession thereof I giue then the 
sayd farme bought of mr George Corwinne as aforesayd, vnto my 
daughter Ruth : Inioyninge her to pay as a legacy vnto my 1 1 daugh- 
ter II Rebecca, thirty pounds, & in case my daughter Ruth: shal 
by gods providence, be disposed of in marriage, the profit of the 
sayd farme shal be hers, vntil, my son John shal take possession as 
aforesayd : the legacyes beinge payd, both the w'^^ foresayd legacyes 



1663] RECORDS AND FILES 83 

Will* of Tho. Antrum, deceased, which was presented to the 
last Ipswich court, was proved and the inventory accepted. 

Town of Salem, being presented three times for divers defects 
in their highways, was fined for each presentment, and ordered 
to repair said ways before the next Salem court. 

Nicolas Dekaine's presentment for living from his wife divers 
years, was respitted until the next Salem court. 

Fined by Major William Hathorne: — 

Osmand Traske, 1:1: 1662, for striking Frances Kedwell. 

Goodman Pinnion's wife, 14:1:1662, for striking Charles 
Phillips' wife. 

ar to be payd vpon the entry vpon the farme. Item I constitute 
& apoynt Beatrice my wife to be sole executrix of this my last wil 
and testament. Item: I Constitute, and appoynt my lovinge 
Freinde mr John Croade ouerseer of this my last wil and testament." 
Willyam (his mark) Cantlebery.J Wit: John Porter, sr.,t and 
Nathaniel Felton.f 

Inventory, taken June 25, 1663, by Thomas Gardner, sr.,t 
and Nathaniel Felton:t A farme wth. appurtenances, 22011.; his 
dwelhnge house with land adjoyninge, 601i.; a house & orchard, 
20U.; 7 oxen, 49h.; 6 Cowes, 271i.; 2 heifers, 7U. 10s.; 3 yearlings 
& 3 calves, 91i.; 8 bigger swine, lOli.; 3 lesser swine, Hi. 4s.; 1 
horse, lOli.; 1 mare & yearlinge Colt, 151i.; 9 smal piggs. Hi. 7s.; 
1 feather bed, 31i.; 1 Rug, Hi. 10s.; 1 boulster, 3 blankets, 2 
pillows, 21i. 10s. ; a payre of sheets & 2 table cloths. Hi. 6s. ; 3 payre 
of sheets. Hi. 10s.; 5 Course pillow beares, 6s.; 1 old flock bed, 
10s.; 1 old Rug & 3 blankets, 21i. 10s.; 1 brass ketle & a brasse 
skillet, Hi. 5s. ; 2 Iron potts & 1 iron ketle, 211. 5s. ; 1 hake, 2 payre 
of pot hooks & a gridiron, 10s. ; a bedstead wth. old curtaynes & 
vallons, Hi., In Peauter & lattin ware, 8s.; 1 chest, 2 old coffers, 
10s. ; 1 table & 2 chayres, 12s. ; 1 musket, 2 swords & bandeleirs, 
Hi.; 1 sadle & pillyon & a pannel, Hi. 10s.; 3 payles & 6 trayes, 
10s.; Indian Come, Hi. 10s.; In Bacon, 31i. 5s.; Iron chaynes & 
plow tacklings, 21i.; his waringe Apparel, 51i.; In mony, Hi.; In 
old lumber. Hi.; Corne growinge, 41i.; total, 47011. 8s. Creditor: 
By Tho. Robins, 17U. 10s.; Richard Hutton, 2h. 5s.; widd. Fhnt, 
2ii. 16s.; total, 22U. lis. Debtor: To Mr. George Corwinne, llli. 
lis. 8d.; Mr. Price, lU. 9s. 2d.; Mr. Browne, 30h.; Mr. Gardiner, 
Hi. 2s.; John Marsh, Hi. 9s. lOd.; Francis Lawes, 3s.; rent of the 
farme, 20h. 

*Will of Thomas (his mark) Antrum, witnessed by Thomas 
Spoonerf and William Woodcocke,t and inventory taken by Elias 
Stilemanf and John Ruckef. 

t Autograph. f Seal. 



84 IPSWICH QUARTERLY COURT [Sept. 

Tho. Nore, 3:2: 1663, for striking Gregory Castle. The fine 
to be made good by Ambros Gale. 

Clement Hudly, 8:2: 1663, for breach of the peace and for 
swearing. Ambross Gale to make this good.* 

Court held at Ipswich, Sept. 29, 1663. 

Judges: Mr. Symon Bradstreet, Mr. Samuell Symonds, Major 
Genii. Dennison and Major Will. Hathorne. 

Jury of trials: Sergt. Rich. Jacob, Jo. Prockter, sr., Walter 
Roper, Henry Bennett, Jo. Andrew, Abra. Tappen, Jo. Knight, 
Will. Chandlour, Tho. Teny, Jam. Bayley, Jam. Barker and Dan. 
Hovey. 

Grand jury: Mr. Dan. Epps, James How, Ed. Lomasse, And. 
Hodges, John Ayres, Will. Moody, John Chenye, Antho. Sumerby, 
Jo. Pickard, John Johnson, Will. Boynton and Edward Towne. 

John Godfry, attorney to John Johnson v. Peeter Nash. For 
not levying and returning an execution according to law. Verdict 
for plaintiff, t 

*Wm. Hathorne,! also on 30 : 1 : 1663, ordered Mr. Bond of 
Marblehead to appear at next Salem court for selling strong waters 
by' small measure, and bound Bond and Stocker of Rumbley 
marsh in 201i. each. "I conceive it necessary that the Court order 
a Prison to be built at Salem, the want being much treble & charge 
to us & to the County, if not fin." 

tCopies of evidence remaining with Daniel Denison,| Sept. 28, 
1663: 

Peter Nash's bond for appearance at Ipswich court upon com- 
plaint of John Johnson concerning two executions that said Nash 
served, as deputy to John Johnson, upon Goodman Clark's goods. 
Wit: Richard Littlehale and Edward Clarke. This bill was as- 
signed by said Johnson to John Godfry. Wit : Henry Palmer. 

Letter of attorney, dated July 7, 1663, from John Johnson of 
Haveril to John Godfrey of Ipswich. Wit: Richard Littlehale 
and William White. Acknowledged before Daniel Denison.J 

Copy of court record of July 17, 1662, John Godfrey v. Edward 
Clarke. Debt. Verdict for plaintiff. 

John Johnson, constable, testified that in the year 1662, he 
made Peter Nash his deputy to serve four executions for John 
Godfry upon Goodman Clarke. Sworn, July 16, 1663, before 
Daniel Denisonf. 

Warrant to Peter Nash, dated Aug. 18, 1663, signed by Richard 
Jjittlehalo,! for the court. 

t Autograph. 



1663] RECORDS AND FILES 85 

William Pritchett v. John Godfry. For not saving him from 
damage by quiet possession and enjoyment of a mortgage of house 
and land he bought of him. Verdict for plaintiff.* 

*Writ, dated Sept. 22, 1663, signed by Robert Lord,t for the 
court, and served by Thomas Kimball,! deputy for Robert Lord,t 
marshal. 

Mortgage deed, dated Feb. 17, 1658, Francis (his mark) Ursellton 
of Topsfield, for 591i. 4s. 8d,, sold to John Godfry of Andover, his 
dwelling house and land in Topsfield, which he bought of Daniell 
Clarke, containing twenty-six acres, bounded by a ledge of rocks 
on the north, Mr. Baker's meadow on the west, a brook coming 
out of Mr. Baker's meadow on the south and by a brook coming 
out of the pond on the east; mortgage to be paid in four years in 
Indian corn and wheat, at the dwelling house of Philip Fowler in 
Ipswich. Wit: Robert Lord and Philip (his mark) Fowler. Ac- 
knowledged, Feb. 17, 1658, before Daniell Denison. Copy made 
by Robert Lord,t cleric. 

Copies of John Godfry's mortgage to Francis Ursellton, dated 
Nov. 30, 1659, adding two more year's time for payment of same, 
and said Godfry's assignment of mortgage to William Pritchett of 
Ipswich, dated Nov. 16, 1660, made by Robert Lord,t cleric. 

Copy of Salem court record of 30: 4: 1663 of the action of Mr. 
Edmond Batter v. William Pritchett, made by Hillyard Veren,t 
cleric. 

John How, aged about twenty-three years, deposed that being 
sent for at the house of Will. Pritchet, he was told that he was 
wanted in a matter of a writing that Godfry had made, which was 
in the hands of Mr. Batter or Nathaniel Putman, lengthening the 
mortgage two years. Said Pritchett told Godfrey that he was 
afraid there would be trouble about it, whereupon the latter took 
Pritchet by the hand and told him, before WilHam Danfort, de- 
ponent and the rest of the family, that he would bear him harmless 
from any man who would molest him. Deponent heard Godfry 
promise that he would come down last March, with two or three 
neighbors, and give said Pritchet possession. Sworn in court. 

John Pritchet, aged about eighteen years, deposed that his father 
asked John Godfry why he was not as good as his word, and he 
replied that he had been persuaded to the contrary by Antony 
Carill. Sworn in court. 

Philip Fowler deposed that he acted for John Godfry, and told 
William Pritchet that the mortgage was lengthened two years, 
when the writing was drawn at Goodman Lord's, and he would 
have to take the mortgage as it was. Then they agreed. Sworn 
in court. 

On the reverse of foregoing paper: "To Heere Loueing and 

t Autograph, 



86 IPSWICH QUARTERLY COURT [Sept. 

Mr. Jonathan Wade v. Thomas Kimball. For taking llli. 18s. 
out of the custody of the law. Verdict for plaintiff, damages to 
be paid in fish, money, corn or cattle.* 

Robert Crose v. Thomas Varney, Jo. Marshall, Edmond Mar- 
shall and WiUiam Warrener. Trespass. For mowing grass on 
his marsh, after being forewarned. Verdict for defendants.! 

Kind Brother Robert Crosse Att the Towne of Ipswich in new 
England Deliver this I pray." 

Anthony Carrall deposed that being at Wilham Prichet's house 
at work, the latter asked him how much he paid for the rent of 
that land and he told him twelve pounds for three years. Prichett 
said he was with Mr. Batter and offered him six pounds down in 
wheat or pork, and Goodman Prichett believed that would be 
better for him. Sworn in court. 

William Danfort, aged about twenty-two years, deposed. Sworn 
in court. 

*Writ: Mr. Jonathan Wade v. Thomas Kimball; for taking 
money and goods of Stephen Graffam, which were under attach- 
ment to answer a judgment Mr. Wade obtained against said 
Graffam; dated July 6, 1663; signed by Robert Lord,t for the 
court; and served by Robert Lord, J marshal of Ipswich, by attach- 
ment of land of defendant. 

Copy of writ and return dated Mar. 2 and 3, 1662, in action of 
Mr. Jonathan Wade v. Stephen Graffam, made by Robert Lord, J 
marshal. 

Copy of record of the Ipswich court. Mar. 31, 1663, in foregoing 
action, made by Robert Lord, J cleric. 

Copy of record of the Salem court, 30:4: 1663, in which Steeven 
Graffam forfeited his bond for appearance to answer a complaint 
for committing fornication, made by Hillyard Veren,| cleric. 

fWrit: Robert Crose v. Thomas Burnam, John Marshall, 
WilUam Warrener, Thomas Varney and Edmond Marshall; tres- 
pass; dated Sept. 21, 1663; signed by Robert Lord,t for the court; 
and served by Robert Lord,t marshal of Ipswich, by attachment 
of a horse at John Marshall's, two hogs of Will. Wariner's and a 
parcel of wheat and hay of Tho. Varney's. 

Copies of depositions of Nicholas Marble, John West, John 
Burnam and James Fourd, taken in Ipswich court, Sept. 30, 1662, 
made by Robert Lord,t cleric. 

Copy of deposition of Corpll. Thomas Burnam and Corpll. John 
Gage, sworn before Daniell Denison, Sept. 29, 1662, made by 
Robert Lord,| cleric. 

" Alsoe all my || pcell of || Salt marsh lying below John Burnams 
as it lyeth bounded by Hogg Island River, toward the north, the 

J Autograph.; 



1663] RECOEDS AND FILES 87 

marsh of Robert Crosse toward the east, the marsh of Richard 
Brabrooke & John Burnam towards the southeast & southwest."* 
Copy of the bounds of the marsh that Wilham Whittered sold 
to John Perkins, taken from the deed as it is recorded in the book 
of records, by Robert Lord, recorder. Copy of that copy left on 
file in Salem court records, made by Hillyard Veren,t cleric. 

Copy from Ipswich town book, made by Robert Lorcl,t recorder: 
"At the Generall Towne meet, feb: 16 : 1663 voted and Granted 
to Mr. Cobbit a pcell of common marsh Lying beyond Chebacho 
River below the marsh of Robert Crose and Richard Brabrooke 
to the River, which is also satticefaction for m'' saltonstalls High- 
way through the Farme." 

John Burnam and John Marshall deposed that as they were in 
Chobocoe on the south side of the river below the meadow of 
Thomas Burnam and John Burnam, Robert Cros was troubled at 
it, but later owned the bounds of the Burnam's meadow according 
to line from the salt pond near the upland to a pine tree, and the 
meadow below to the river, he owned to be common. Also that 
before another year, said Crose would have it divided, one third 
each to himself, John Burnam and John Marshal, that there 
might be no more difference in one mowing before another. Sworn 
in court. 

William Whitred, aged sixty-five years, deposed that having 
occasion to go down with the lot layers, into the marshes by Good- 
man Grose's where his marshes were on June 15, 1663, they first 
came to the house of Goodman Crose, and after some little stay 
in the house, Goodman Lord, Corporall John Gayge and others 
present went down into the marsh by a salt pond side, when Good- 
man Crose said: "I pray you y* are the lot layers: to tell me onese 
more where the head bowndes of my marsh is y* I may be onese 
at a sertentie." To this Goodman Gayge replied "I knowe no 
bowndes it hath but the river." Goodman Crosse turning to 
Goodman Lord said "What saye you to this," and the latter readily 
answered that he had nothing to say against it for it was true. Then 
they all went to take notice of the marshes on the westward side 
of Nickleses creek. Sworn in court. 

Jams Forde deposed concerning the bounds. Sworn in court. 

Edmand Marshall, jr., deposed. His brother John Marshall 
mentioned. Sworn in court. 

William Nellsonn deposed that "I Coming From the Towne 
ward with my Father & the Lot Layers namely Corprall John 
Gayge & goodman Lord : to my Father in lawes : house at the farme, 
etc., they went to the marsh," etc. Sworn in court. 

Steven Crosse, aged about sixteen and one-half years, deposed 
that he was with his father, Robert Crosse, sr., etc. Sworn in 
court. 

*A plan of this lot is on file. 
t Autograph. 



88 IPSWICH QUARTERLY COURT [Sept. 

John Roffe v. Mr. Henry Greenland. For coming into the house 
of said Roffe in the night season, Roffe being not at home and 
attempting his wife's chastity in a foul manner. Verdict for 
plaintiff.* 

Robert Crosse, aged above twenty-one years, deposed that he 
was at home when his father with the lot layers, etc. Sworn in 
court. 

Robt. Crosse, jr., and Steeven Crosse deposed that they had 
lived with their father at the farm fourteen years the nineteenth 
of March next, and had never before seen any trouble about the 
marsh. That they had enjoyed the part of Thomas Burnomes 
lot, which was the last parcel their father bought, for twelve years. 
Sworn in court. 

Andrewe Jarvis, aged forty-two years, deposed that he was at 
the house of Goodman Nellson, etc. Sworn in court. 

John Burnam deposed that the lands he sold to Robert Crose 
came no lower than a stake that stood above Robert's Island, a 
little below the upland and from that stake to a pine tree. Sworn 
in Ipswich court, Sept. 30, 1662, and copy made by Robert Lord,t 
cleric. 

Wiliam Waranar deposed that Robar[t] Cros, etc. Sworn in 
court. 

*John Rof's bill of cost, Hi. 15s. lid. 

Writ, dated June 26, 1663, signed by Anthony Somerby,t for 
the court, and served by Steven Grenleff,t constable. 

"John Bishop's wife comeing unto us being selectmen by way of 
complaint against one m'' Greeneland, a phisition which is newly 
come into our Towne, for offering violent and uncivell cariage unto 
hir daughter mary Roffe the wife of John Roffe, which is gone vnto 
nantuckett, and we haveing examined the woman we find from 
her testimony, that this m'' Greenland have offered grosse and 
shamfuU abuse vnto her. The first time the woman being at John 
Emeryes house where this man soiornes, had ocation to lay hir on 
the bed to sleepe and lay downe by it; this Mr. Greenland came 
up into the chamber and offered to abuse hir there. 

"The second time this man came unto his house and used many 
arguments to hir tending to wickedness, first that he would have 
hir goe with him to nevis, or Jemeco, or some other place, and that 
it was free that men might have many wives, she answered then 
shee should sinn ags* God, and abuse hir husband & hir selfe and 
his wife, he answered he had meanes enough, he could maintain 
them both, another time being att John Emeryes house, and when 
she was to come home she was afraide he would come after hir, 
and as she thought slipt out of the house, and he came after hir, 

tAutograph. 



1663] RECORDS AND FILES 89 

and overtooke hir & would goe home with hir, and then she could 
not gett him away, although she spoke to him and then she spake 
vnto hir uncle liveing in the house that he would not goe to bed 
before he was gone, and would not warme his bed, the ould man 
sayd it was time for all to goe to bed, he sayd he would stay till 
the morning but the ould man should be a bed before he would goe, 
but by much pswading he did, another time worse than the former, 
m"" Greeneland came to her house, late in the night and knocked 
at the window, shee being in feare mad noe answere along time he 
continued calling bettye bettye, and desired her to lett him come in 
and asked why she would let him stand there and starve with 
could, she answered they weare abed and would not lett him in, 
and weare afraide of him, then he still earnestly desired hir wish- 
ing great wishes upon himselfe that he would doe them noe hirt, 
but desired to smoke a pipe of tobacco; soe she lett him in (this 
bettye is John Emeryes wives daughter which keepes with John 
Roffes wife), soe goody Roffe being in hir bed spoke to the mayd 
to make a fire to give some light, and while the mayd was makeing 
of a fire . . . she swounded away, and as the mayd saide was 
dead & very could, and gave hir some strong liquours to comfort 
hir. 

"att last, she came to hir selfe againe ... he bid hir lye 
still for there was one without knocked at the dore and now there 
would be two witnesses, and now we shall be tryed for our lives 
. . . but the youth that was at the dore, came in . . . 
and sayd he heard m'' Greenlands tongue before he came in while 
he was at the dore." Mary Roffe and Elizabeth Webster testi- 
fied to the foregoing, Jan. 24, 1662, before Daniell Denison. Copy 
made, Sept. 25, 1663, by Robert Lord,* cleric. 

John Rolfe, jr.,t of Newbury, on June 20, 1663, appointed Hugh 
March of Newburj'- his attornej^ to prosecute against Mr. Henry 
Greenland and John Emery, sr. Wit: Henry Jaques* and Richard 
Dole.* 

Grenland sent Betie to Mary Rolfe to meet him in the barn and 
asked her to mitigate her charges, saying that if she would do so, 
he would bring no evidence against her. "I tould him I could 
not Do it I Could not go bac from anie thing I had said he asked 
me why I said it being nothing but the truth and given upon oath : 
he said I might because it was not sworn before the bench and yet 
he would leve it upon my Consideration and meet him and give 
him an answer : but I would not meet him but sent him word the 
next day I Could not for I would not go from what I had said nor 
meet him anie more." 

Copy of deposition of Barbery Elsly, taken in Ipswich court, 
Mar. 31, 1663, made by Robert Lord,* cleric. 

Copy of deposition of Hanah Noyse, taken in Ipswich court, 
Mar. 31, 1663, made by Robert Lord,* cleric. 

* Autograph. f Autograph and seal. 



90 IPSWICH QUARTERLY COURT [Sept. 

John Newman v. William Whittrecl. Debt. For a cow. Ver- 
dict for plaintiff.* 

John Newman v. Willm. Whittred. For alienating and selling 
a cow without his consent. Verdict for defendant. 

Peeter Nash v. Lt. John Remington. Withdrawn. 

Peter Cheney of Newbery, aged about twenty-five years, 
deposed that Mary Rofe, wife of John Rofe, late of Newbery, 
told him that one evening the last winter John Adkins came 
to her house; that said Mary and Elizabeth Webster were 
together in the house and said Adkins tarried there until very 
late, so that Mary and Ehzabeth went to bed, etc. Sworn in 
court. 

Walter Barefoote and Richard Shatswell deposed that when 
Mary Rofe was going to take her oath in court, Hugh March 
asked her to tell what Henry Lessonby said before in court. Sworn 
in court. 

Thomas Silver deposed that a day or two before he heard of the 
uncivil behavior of Mr. Greenland toward Mary Rolfe reported 
about the town. Goody Bishop, being at Mary Rolf's was very 
angry with deponent for reporting that Mary Rolf entertained 
company that was to his disturbance. She further said that he 
might have taken an axe and knocked one of her cows in the head 
as to take away her daughter's good name. Goodman Emery, sr., 
came in also and spoke in commendation of Mary Rolfe and said 
that for his part he knew no hurt by her and threatened to present 
deponent as an eavesdropper for reporting such a thing of her. 
Deponent answered that he reported nothing but what he heard in 
his own house. 

Copy of deposition of Henry Lesenby, taken in Ipswich court, 
Mar. 31, 1663, made by Robert Lord,t cleric. 

*Bond of Wilham (his mark) Whitred of Ipswich, dated Oct. 
22, 1663, to pay to John Newman thirty shiUings for the hire of 
two cows for one year from Oct. 22, the pay to be in Indian corn, 
said Wilham Whitred to stand to half the hazard. Wit: Robert 
Lordf and Mary Lordf. 

Gilles Burdleyt deposed that John Newman called him into his 
yard to witness the sale of a brown cow for five pounds to Wilham 
Whittered, who took her away with him. Owned in court by 
William Whitred. 

Jon. Wade's bill of costs, lU. 7s., and Jo. Newman's bill of costs, 
Hi. 7s. 6d. 

Jaine Lanckton and Roger Lanckton testified that Whittered 
and Newman came to their house, etc. Owned in court by Wil- 
ham Whittred. 

t Autograph. 



1663] RECORDS AND FILES 91 

Frances Wainwright v. Henry Bachelour. Debt. Verdict for 
plaintiff.* 

Mr. Anthony Crosbye v. Abraham Redington. Trespass. 
Nonsuited. By consent there was a new entry which was with- 
drawn. 

Roger Lanckton testified that he read a bill of John Newman's 
which he had of John Perkins amounting to fourteen pounds 
which William Whittered owed John Newman, etc . Sworn in court . 

Agreement between William (his mark) Whitredg and John 
(his mark) Newman, dated Oct. 8, 1659, said Whitredg was to 
deliver to said Newman two cows, one fat and one milch, in ex- 
change for two heifers three years old, and thirty shillings in wheat 
or barley. Wit: Hani ell Bos worth, f 

*Writ, dated Sept. 23, 1663, signed by Robert Lord,t for the 
court, and served by Robert Lord,t marshal, by attachment of 
three cows of defendant. 

Account, dated June 28, 1661, of Francis Wainewrightf against 
Henery Bachelor: To 5C. of hob nails at 4 l-2d. & 4C. of bd nails 
at 9d., 4s. 10 l-2d.; 4C. lath nails at 4d. & 1 pr. hose 22d., 3s. 2d.; 
1 lardg olcumay Spoone, 7d. ; 1 bushel wheat, 5s., & 1 Bush mault, 
5s., 10s.; 1 pecke of Indian Corne, 9d.; 1 sith, 4s. 3d. & Hi. powder, 
2/8, 6s. 3d.; tobacco pipes, 2d. & Hi. tobacco, 12d., Is. 2d.; 41i. of 
Sugar at 8d., 2s. 8d.; 2H. rasons sunn at 22d., Is. lOd.; 31i. shot 
at 4d. & 2 pots, 12d. & 41i. sugar at 6d., 4s.; a noate to Goodman 
Stacy for a bushel mault, 5s. 6d.; 1 bushel Indian Corne 3/6, 3s. 
6d.; 21i. sugar of my wife, 12d. & 2H. ditto, 2s.; taken to the miller 
for a bushel wheat, 5s. 6d.; 3h. sugar at 6d. & 21i. ditto at 6d., 2s. 
6d.; needles, 2d. & 1 pr. hose 3/8 4d., 3s. 6d.; 2 p. shoos of Wm. 
Buckly, 10s. 6d.; 2h. sugar at 6d. & 1 pr. hose 2/4, 3s. 4d.; 41i. 
sugar at 6d. & 21i. ditto at 6d., 3s.; thride. Is. 

On Jan. 7, 1661: To 6 yds. Carsy at 6/8 & 3 doz. buttons at 
12d., 2h. Is.; silke, 15d. & thrid, 8d. & 2h. sugar at 6d., 2s. lid.; 
5 yds. 1-4 1-8 shagg at 4/4, Ih. 3s. 3 1-2 d.; 1 pr. hose, 5s. 4d. & 
bindinge, 5d. & Hi. powder, 7s. 9d. ; payment to Jon. Layton for 
you, 3s.; thride, 7d. & Hi. sugar, 6d. & 1 yd. 1-4 say at 5s. 6d., 7s. 
1 1-2 d. ; layinge lace & silke rod. Is. 8d. ; 41i. sope, 2s. & 1 knife, 9d., 
2s. 9d.; 8 yds. lockerum at 2s. & 71i. sugar at 6d., 19s. 6d.; 4 yds. 
layinge lace at 6d. & silke, 6d., 2s. 6d.; lOU. sugar at 6d., 5s.; 
starch, 2d. 1-2 & 6H. sugar at 6d. 1-2, 3s. 5 l-2d.; Nov. 27, 1662, 
Hi. gunpowder, 2s. to yourself e, 2s.; total, 9s. 18s. 5d.; to pay- 
ment to Mr. Jon. Paine, Hi. 4s. Henry Bacheler, creditor, Dec. 
12, 1661, to 192h. porke at 4d., 3h. 4s.; 211i. 3-4 porke at 4d., 7s. 
3d.; returne of 4 yds. laying lace, 2s.; total, 31i. 13s. 3d. Rest 
to balance, 6U. 5s. 2d. and Hi. 4s. for Mr. John Paine. Sworn in 
court, and owned by Henry Bachelour. 

t Autograph. 



92 IPSWICH QUARTERLY COURT [Sept. 

John Tod v. Thomas Bloomfield. Debt. Verdict for plaintiff.* 

Robert Crose v. John Marshall. Withdrawn. 

Thomas Parson v. Henry Lampree. Debt. Verdict for plaintiff. 

Mr. Symon Bradstreet v. Thomas Broughton and Lift. Richard 
Cooke. Non-performance of a covenant. Verdict for plaintiff.f 

Mr. Symon Bradstreet v. Isaack Coussens, Thomas Stanbery & 
Richard Croad. Debt. Thomas Stanbery acknowledged judg- 
ment to Mr. Symon Bradstreet, 

Mr. Symon Bradstreet, attorney to Mr. William Guy of London 
V. Daniell King, sr., and Daniell King, jr. Debt. For the pro- 
duce and profit of 40 or 501i. of goods in England, with ten years' 
forbearance. Verdict for plaintiff.^ 

*Writ: Mr. John Tood v. Thomas Blumfield; debt, for a 
parcel of canvas for the use of Jonathan Singletary; dated Sept. 
22, 1663; signed by Richard Littleha]e,§ for the court; and served 
by Robert Lord,§ marshal of Ipswich. 

John Tod's bill of cost. Hi. Is. 4d. 

t Whereas there were 40,000 feet of good pine boards due to 
Simon Bradstreete from Thomas Broughton§ and Richard Cooke§ 
of Boston, and a certain quantity of boards belonging to the latter 
in Paskataqua river, under attachment, said Broughton and Cooke 
agreed with Simon Bradstreete, Aug. 13, 1659, to ship the 40,000 
boards in the good ship Black Lyon, Mr. Webber, master, now in 
said river or on the way thither to be transported to the Barbadoes, 
one half for said Simon and the other half for the freight, the pay 
to be in sugar. The boards were to be delivered to Mr. Will. 
Rosewell at the Barbadoes and to Mr. Elias Stileman at the Paska- 
taqua river. Wit: Tho. Clarke. § 

On the reverse of the foregoing paper: "m'' Stileman's Testi- 
mony and a Coppy of my further orders to him are at Dorchester, 
another order at home." 

Richard Walderne§ certified, 16 : 7 : 1663, that in the year 1659 
he desired to buy of Mr. Brodstreete 40,000 feet of boards at 
Pascatway river, but he was not willing, and would rather have 
them shipped to Barbados. Walderne agreed to ship one half, 
he then having a ship to load, and to pay 501i. for the other half, 
but Bradstreete said he had agreed with Mr. Stileman to ship 
them, and could do nothing until he heard from him. 

{"From Linn in New England 

'^Desemb' The 28th 1660 
"Loueing Cuszen After Respeckts prescented these are to Lett 
you understand that yours wee have Received Returning you 

§Autograph. 



1663] RECORDS AND FILES 93 

William Symons acknowledged judgment to Henry Archer. 
Peeter Nash acknowledged judgment to Tho. Kimball. 

Manny thanks for your patiente Lines But beeing Much Troubled 
that wee yet Cannot Answer your Ends According to your expeck- 
tations Manny ways wee have tryed By Barbadoes By Bills of 
Exchange & By getting of Bever for you But as yet cannot pro- 
ceure anny of them But By the next Shepping I hoape wee shall 
find out some way or other whereby you shall have sattisfacktion 
my sonn Ralph & my sonn Blaenny Douth Intend if pleas god the 
Live & doe well to Com for England soe hoaping that you will be 
pleased to old one mitt of patience — to your Abondanc which 
you have had soe Resting & Remaining your 

"Ever Loveing Ante Tell Death 

''Elizabeth King."* 

"Memorandum, this 6th May 1653. That I Danell Kinge of 
Becomfeld in the County of Buckes being bound for New England 
have Rec: of my Cosen William Guy A parcell of goods amount- 
ing to the valew of Fortey Five pounds, Fourtene shillings Nine 
pence starling mony, which goods I have Rec. upon the account 
of Guy as an Adventure by him promiseing to doe my outmost 
indevor for the sale of the aforesaid goods and to make him re- 
turnes by Chrismas next if they safely arrive in the Harber of 
Boston in New England they being now Shipt abord in the Nue 
England marchant, to which pray God blesse the Good ship to the 
appointed Harbor. Daniell King." Wit: Jno. Wyatt, David 
Sindry and Digerey Carwithen, master. Copy made in 1658 by 
Fredk. Remess,* notary public. 

"Bostown, this : 14 : of August 1658 
"These presents Wittnes that I Daniell King of Lin sener doe 
acknowledege that Cap* Jno. Peirce Comander of the ship Exch.ang 
hath bene with mee and demanded of mee a debt of aboutt forty 
five pounds which my sone Daniell did Receive in goods of m'' 
Wm. guy of London: haberdasher; and my Answer is that my Sone 
Daniell is gone to barbados and hath caried with him: goods in 
order to the making the Retturne: much more, then I can Judge 
will Ballans that acc^ And I hope either ])y this time or very sudenly 
hee will Returne a satisfactory ace" : this is all I have to Answer 
att Present." Daniell King.* Wit: Lancellot Fletcher* and 
Ephraim Turnor.* On the reverse: "For: Cap* Jn" Peirce Com- 
andor of The Shipe: Exchange These." 

"London the 8th of Aprill 1663 
"Wee whose names are heere underwritten beeinge at this time 
servants (to M' Richard Bates) With Will. Guy, Daniell Kinge 

* Autograph. 



94 IPSWICH QUARTERLY COURT [Sept. 

John Calie of Newbury dying intestate, administration of the 
estate was granted to John Calie, his son. 

John Trimman of Newbury was dismissed from ordinary trainings. 

Mr. John Ruck was allowed to keep ordinary for one year and 
to draw wine. 

Upon a motion made by Mr. Carlton, guardian to Patience 
Jcwett, that the court would be pleased to chose some men to make 
a division of some land between himself and said Patience, which 
now lay together, Ezekiell Northend and John Tod were named, 
and the court approved. 

Court ordered the Treasurer of the county to pay 40s. to the 
constable of Ipswich for his charges in repairing the old bridge. 

Robert Roberds dying intestate, Susan Roberts, the widow, was 
appointed administratrix of his estate. Inventory* amounting 
to 16011. was brought in and there were eight children left. Court 
ordered that John Roberds, the eldest son, should have 121i., and 
the other children 61i. each, at age or marriage. If the widow 
should marry again, court ordered that the other children should 
have lOli. each instead of 61i., and her husband was to give security. 

Junior beeinge bound for new Ingland Came to Visit his Kinsman 
Guy & Uppon discourse concerninge y'' Cuntry trade Guy prof- 
fered to Adventure some goods by him, hee presently tould him 
what comoditis would bee best for y° place, and turne to y'= best 
Accompt, as bee verrily beleved, Uppon which without any more 
A dooe, theire was a note drawne by Kings order, what goods hee 
would have, w'^'' weere accordingly bought, & packt Upp & de- 
livered to y said Kinge to his good likinge, and || theire was 1| such 
seeminge honesty 1 1 & Honest 1 1 Expressions 1 1 by y^ said Kinge 1 1 
y*- hee would mak returne y"' next shippinge in ould Beaver or Bever 
(Guy beeinge to stand to all Hassard by sea y® goods were shipt 
in Cap Kirwithies vessell) y* oure Maister M"" Bates had so good 
an opinion of his honesty y* hee would have given him credit to 
above as mvch more And for y'' goods wee saw them & knew what 
they cost and doe verrilie believe theire was not one penny got by 
them Havinge often heard Guy say (wee askinge him what hee 
ment to sell such goods as he bought w*"* redy mony they beeinge 
as fresh as could possibly bee had) hee Answered the profit would 
be by y° returncs." John Wyattf and Da. Syndry.f 

*Inventory of the estate of Robert Roberts of Ipswich lately 
deceased, taken July 20, 1663 by Rcgnald Foster, sr.,t Tho. Clarkef 
and Thomas Knoultonif Dwelling house and barn, 201i.; cart & 

t Autograph. 



1663] RECORDS AND FILES 95 

Complaint being made by the selectmen of Ipswich that Isaack 
Ong had not removed from town after being warned, court ordered 
that he depart whence he came. 

John Whipple, having brought in an inventory of the estate of 
Mathew Whipple, amounting to 17511., court ordered two parts to 
said John Whipple and one part to Joseph Whipple, his brother. 

Symon Tuttle, presented for a rescue of his horse from Mighill 
Cresie, was fined, and ordered to pay fees to John Finder, Aron 
Pengry and Henry Ossborne.* 

Mary Longly having been complained of, court ordered further 
examination to be referred to Salem court and the witnesses to be 
present face to face. 

Phihp Veren, for his great offence against the country in slander- 
ing the government, was ordered to be severely whipped. f 

wheeles & plough with the furniture to them, 51i. 5s.; 2 oxen, 131i. 
10s., 4 Cowes, 16h., 2 steers, 8H., 3 Calves, IH. 16s., 391i. 6s.; 10 
acres of land at Chebacco, upland & meddow, 201i.; 11 swine and 
tenn piggs, 161i. 6s. 8d.; halfe a mare & half a horse, 9h.; a sheep 
fold, 21i.; 4 Ews, 4 lambs, a Ram and a wether, 41i. 6s.; ground 
improved, 51i.; 3 Canows, 51i.; a bed and Covelett, 5H. 10s.; a 
bed and Coverlets & pillows, and bolster, 6U. 12s.; 2 blanketts, 3 
pillows, Ih. 12s. 6d.; a bed & Bolster, 2H. 10s.; Indean Corne, 61i.; 
Bacon & Porke, Hi. 10s.; his aperrall, 51i.; fethers, 18s.; wooll, 
lU. 2s.; Bedsteds, 21i. 16s.; a Cubberd, 10s.; Chest, 3 boxes, a Case 
of Bottells, IH. 6s.; Sheetes & pillow beers, 5H. 2s.; pewter & warm- 
inge pan, 2h.; pots, kettell, skillets, fier souell & tongus, 21i. 8s.; a 
table, 5s., Chaiers, 5s., wheels, 5s., a Cradle, 5s., Hi.; a Iron pott, 
6s.; milke vessells, tubbs & other nessessarys, 21i.; Bettle, wedges, 
axes & hows. Hi. 8s. ; Instruments for his trade, lli. ; 3 bushels of 
malt, 18s. ; post & Rayles, 7s. ; pouder & shott, 12s. 6d. ; 2 pare of 
sheres, 2s.; due to me from divers debters, 4h,; total, 181h. lis. 8d. 

*Aaron Pengry deposed that Goodman Cressy, heading Mr. 
Tutle's horse out of the common field when he was without the 
common gate with him, Mr. Tutle went hastily up to him and 
struck the horse with a short stick two or three blows, making the 
horse start out of his hand and run away. Sworn in court. 

Symon Tuttle confessed that said Cresie told him he was driving 
the horse to pound. 

fJo. Kitchen and Nath. Felton were bound for Phillip Verrin's 
appearance at the next Ipswich court to answer for seditious and 
treasonable words against the government, in saying that they 
had murdered the dear saints and servants of God and that he 
himself saw one of them murdered at Boston. 

JAntogrnph. 



96 IPSWICH QUARTERLY COURT> [Sept. 

William Gardner, fisherman, dying intestate, his brother 



Gardner and Mr. Edmond Batter were appointed administrators 
of his estate, and ordered to bring in an inventory to the next 
Salem court. 

Henry Bachelour, presented for absenting himself from public 
meeting on Lord's days was fined. Part of the fine respitted. 

James Merrick of Newbury, presented for being drunk, was 
fined, and ordered to pay fees to Mr. Thomas and John Chenye. 

Richard Kimball and Edmond Bridges, executors of the will of 
Thomas Scott, brought acquittances under the hands of the lega- 
tees, that is, the children of said Scott, of the receipts of their 
several legacies. Said executors were discharged.* 

Court allowed fifty pounds to build a prison at Salem out of the 
lands already seized, which were the Quaker's lands. 

Mr. Baker was allowed six shillings, six pence for diet for John 
Pearce and a prisoner, it being to carry him by warrant from a 
magistrate to Boston. 

Upon a receipt from the treasurer, Mr. Robert Paine of satis- 
faction for Mr. Henry Greenland 's fine, the latter with his sureties 
were discharged of their bond. 

*Richard (his mark) Kimball and Edman Bridges,! on May 10, 
1661, acknowledged the receipt from Mr. Ezekell Rogers of 251i. 
the legacy given to Sarah Scott by her father. Wit: Tho. Lovellf 
and William Goodhuef. 

William (his mark) Whittredg of Ipswich, Nov. 5, 1655, hired 
of Richard (his mark) Kimball, sr., two steers, for which he was 
to pay twenty-five shillings the first year and thirty shillings the 
next three years in Indian corn and wheat. Wit : Haniell Bosworth.t 

Deed, dated May 25, 1654, Thomas ScottJ of Stampford, in the 
jurisdiction of New Haven, to Richard Kemball, sr., and Edmond 
Bridges, executors of the estate of his father, Thomas Scott of 
Ipswich, his house and barn and six acres of land about it, also 
two acres in the swamp on the other side of the way; also fifteen 
acres of land in the common field, commonly called the Pequit 
lots; also thirty-six acres of meadow at the west meadows and ten 
acres of land and six acres of marsh in the common field on the 
north side of the river; also 561i. in the hands of John West and 
151i. in the hands of Robert Roberds and seven cattle in the hands 
of Joseph Biggsbye, all of which was the estate of his father 
Thomas Scott, to be divided according to the will. Wit: Robert 
Lordf and Thomas Lovell.f Acknowledged, May 27, 1654, before: 
Daniel Denison.f 

fAutograph. JAutograph and seal. 



1663] RECORDS AND FILES 97' 

John Attkinson bound his house and land for his appearance at the 
next Ipswich court for further examination about his presentment.* 

The complaint of Mary Sheffeld was referred to Mr, Symonds 
and Major Genii. Denison to grant execution of what by order of 
court was due from Isaiah Wood to said Mary. 

Court gave five shillings to the house. 

William Nelson went before the Honored Maj estrates, Mr. Samuell 
Symonds and Major Genii. Denison, Nov. 23, 1663, and acknowl- 
edged a judgment of ten pounds to Edward Bragg of Ipswich. 

William Nelson also acknowledged judgment to Mathew Moores 
of Newburye. 

Tobias Taylour, Dec. 3, 1663, acknowledged judgment to Mr. 
John Paine of Ipswich, before the magistrates, Mr. Samuell 
Symonds and Major Genrll. Denison. 

Court held at Hampton, 13 : 8 : 1663. 

Jury of trials: Jno. Severans, foreman; Abra. Pirkins, Wm. 
Barnes, Sam. Winsley, Nathan Gold, Daniel Ela, Tho. Eaton, 
Jno. Warrin, Jno. Fulsham, Jno. Brown, Tho. Marston, Natt 
Boulter, Francis Page and Henry Dow. Lt. Wm. Howard, Mr 
Crosby, Capt. White, Tho. Davis, Rob. Downer, Henry Palmer^ 
Joseph Davis and Ed. Clarke. 

Nathan Gold fined 5s. and was ordered to pay 2s. 6d. and be 
dismissed from the jury. 

Haniell Bosworthf certified, Oct. 1, 1663, that he received 251i, 
from Richard Kimball and Edmond Bridges, which was a legacy 
given to his wife Abbigaile by her father, Thomas Scott. Wit: 
Thomas Lovell, sr.,t and Thomas Lovell, jr.f 

Mary (her mark) Scot certified, Apr. 23, 1663, to the receipt of 
251i. from Ezek. Rogers, of Ipswich, which was the legacy left her 
by her father. Wit: Richard Jacobf and Daniel Ho vey.f 

*Elisabeth Webster, aged twenty-one years, deposed that when 
she was at John Rofe's house, about last Feb., 1662, John Adkin- 
son, hatter, living in Newberie, came there and sat talking with 
Marie Rofe until late in the night. Deponent went to bed and, 
being awakened, she heard Marie Rolf tell said Adkinson to go 
away, but he did not go, when it was daylight, he dressed, and not 
being able to find his stocking, Marie said she must lend him one 
of her uncle's stockings, which she did. Then said Adkinson went 
away. Elizabeth Webster affirmed to the truth of the foregoing; 
before Robert Lord,t cleric. 

t Autograph. 



98 HAMPTON QUARTERLY COURT [Oct. 

Edward Colcord v. Jno. Cass. Review of a case tried at Salis- 
bury court in 1659, concerning felling and carrying away timber 
from the land of plaintiff. Verdict for plaintiff. Appealed to 
the next Court of Assistants. 

Capt. White v. Walter Taylor. Debt. Defendant owned the 
debt in open court. Verdict for plaintiff. 

Jno. Maxfield acknowledged judgment to Tho. Bradbury, sr. 

Mr. Jno. Paine, assignee of Capt. Brian Pendleton v. W. Eling- 
ham. Debt. Execution granted, Oct. 26, 1663, to be paid in fish. 

Jno. Severans v. Henry Fane. Debt. To be paid in fish- 
Verdict for plaintiff. 

Mr. Jno. Wheelwrite v. PhilUp Toule. For refusing to deliver 
him possession of a house and land in Hampton, properly belonging 
to plaintiff, but to which said Towie pretended a right by virtue 
of a sale from Mr. Nanney. Withdrawn. 

Mr. Christopher Hussi v. Henry Green. Trespass. For fencing 
in a parcel of land which lay in the west end of his farm, which he 
formerly bought of said Green, and for not giving deed. Verdict 
for plaintiff. Appealed to the next Court of Assistants. Henry 
Green and Anthony Stanian bound. 

Mr. Jno. Paine, assignee of Capt. Bryan Pendleton v. Wm. 
Ellingham. Debt. Defendant refused to answer, his bond not 
obliging him to do so, therefore there could be no proceeding. 

Town of Hampton v. Natt. Boulter. For mowing certain mea- 
dows belonging to the town upon Tayler's river at or near a place 
called Indian graves, and for claiming said meadows adjacent as 
his own. Verdict for defendant. 

Wm. Fifeild v. Henry Green. Trespass. For fencing in his 
land on the south side of the Falls river, and appropriating it to 
his own use. Verdict for plaintiff, the land to the Indian path. 
Appealed to the next Court of Assistants. Henry Green and 
Abraham Pirkins bound. 

Capt. Brian Pendleton v. Mr. John Payne. For withholding 
a debt of about one hundred pounds, the remainder of 13411. which 

Hester Bond, aged about thirty-three years, and EUzabeth 
Webster, aged twenty-one years, deposed that Mary Rofe told 
them to hasten to bed in the chamber and she herself would lodge 
below. In the morning, Mary Rofe told them that she had been 
much afflicted by John Adkinson and he had promised never to do 
so again. Sworn in court. 



1663] RECORDS AND FILES 99 

defendant was requested to receive of the Quoiner in Boston, and 
to send it to said Pendleton and Mr. George Parris. 

Jno, Brown v. Henry Green. Trespass. For mowing his 
marsh at his farm next Hampton river and for claiming it as his 
own. Verdict for plaintiff. Defendant appealed to next Court 
of Assistants. Henry Green and Jno. Samborne boimd. 

Nat. Boulter v. Benjamin Shaw. Debt. For a sow and two 
pigs. Withdrawn. 

Rob. Swan v. Tho. Davis. For not performing a bargain which 
he made with plaintiff in selling him one half of his third division 
of upland, which he promised to do but later refused. 

Tho. Marston v. Henry Green. For not standing to a bargain 
concerning the lease of his grist mill and other accommodations 
for twenty-one years. Verdict for plaintiff. 

Ed. Colcord v. Christopher Pallmer. For using and riding a 
black horse with a white face from the beginning of June, 1661, 
until Hampton court, 1662, and for detaining said horse under an 
attachment and not prosecuting. Verdict for defendant. Court 
did not accept the verdict, and so it fell to the Court of Assistants. 

Ed. Colcord v. Christopher Palmer. Trespass. For taking 
away a cow of his from his door on the Lord's day in the evening 
about the beginning of Nov., 1661. Verdict for plaintiff. Execu- 
tion granted Oct. 22, 1663.* 

Walter Tayler v. Capt. Pall White. Defamation and slander. 
For reporting that plaintiff had a bastard child by his negro, so 
that it had caused him to be reproached and derided up and down 
the country. Withdrawn. 

Mr. Cut V. Jno. Garland. Debt. For goods delivered. With- 
drawn. 

Nicholas Lesson acknowledged judgment to Tho. King, to be 
paid part in money and the remainder in English goods. 

Ed. Colcord, assignee of Will. EUingham v. Capt. Brian Pendle- 
ton. For not making good an arbitration concerning Mr. Willi. 
Payne, late of Boston, merchant, deceased, according to a bond of 
20011. given by said Pendleton. Nonsuited. 

Eliakim Wardall's answer for his not coming to the ordinances 

*Writ, dated 8:8: 1663, signed by , and served by 

Abraham Drake, f marshal of Hampton. 

t Autograph. 



100 HAMPTON QUARTERLY COURT [Oct. 

on the Lord's days was that he was an hireling and that it was 
false worship. 

Mr. Christopher Hussie, Sam. Dalton and Thomas Ward were 
sworn to end small causes for the town of Hampton for the year 
ensuing. 

Wm. Buswell was approved as ensign of the military company 
of the town of Salisbury. 

According to order of the Salisbury court, 14:2: 1663, concerning 
the estate of WiUi. Coul, late of Hampton, Tho. Webster, the exec- 
utor, and the selectmen of the town of Hampton in behalf of widow 
Coule, rendered their accounts to court to whom it appeared that 
there had been an equal division of the estate according to the order o^ 
Salisbury court, all the debts being paid, except some small remain- 
der of debts, equally by each party, as they shall appear to be due. 

Ordered that Daniell Ela have one half the ferry at Haverhill 
according to his covenant with Willi. Simons and according to the 
county court order to said Simons about said ferry. 

It appeared that the estate of William Coule, late of Hampton, 
deceased, amounted to 591i. 14s., out of which 181i. 13s. 7d. have 
been paid in debts. The remainder was ordered to be equally 
divided between Tho. Webster and the selectmen of Hampton, 
in behalf of Eunice Coul, widow of said Coule, according to order 
of the Salisbury county court, 14: 2: 1663, and there having been 
paid out of her division 121i., the amount due her was 81i. 10s. 2d. 
This was to be delivered to the selectmen of Hampton for the 
widow's use, they to account to the county court of Norfolk. 

Eliakim Wardall, for charging the Worshipful Mr. Bradstreet, 
as he sat upon the bench, in the face of the country, with acting 
maUciously, as in the sentence of said Wardal's wife at Ipswitch, 
and further instancing the death of their four friends as he called 
them, with other reproachful speeches, was ordered to be whipped 
fifteen stripes at the common whipping place this present afternoon, 
at the court's coming to the house again. 

Eliakim Wardall and Jno. Hussey for their and their wife's 
absence from the public ordinances for twenty Sabbaths, were 
fined five pounds. The rest was allowed for that which might 
necessarily detain them at home. 

Old Marston was fined for ten days' absence. 

Jno. Cass was chosen and sworn constable of Hampton for the 
ensuing year. 



1663] RECORDS AND FILES 101 

In the review of Abram Perkins' presentment, the jury found 
the presentment not legally proved and judgment was reversed. 

Ordered that Joseph Merrie shall either pay to Goodman Page 
five pounds for his charge about his son-in-law, Benjamin Hilliar, 
and have him, or else the boy was to live out his time with him 
according to his indenture, and the boy was to be as well clothed 
as he was when he went to said Page. 

Goodman Tuck's license was renewed for the ensuing year. 

Capt. White's "neger" constantly owned in court that Tayler 
was the father of the child, and owned ail that Mary Mills testified 
in her deposition to be true. 

Walter Tayler was fined 40s. for commencing a vexatious suit 
against Capt. White according to law. 

To Georg Brown, 15s. for carrying the votes to Boston. 

Sam. Winsley was appointed administrator of the estate of Mr. 
Sam. Winsley, late of Salisbury, deceased and was ordered to 
satisfy Mrs. Ann Winsley, widow, for her jointer so far as the 
estate will go, and to give in his account to the next Salisbury court. 

James Bruce, presented by the grand jury for being drunk, and 
the presentment being confessed, was fined. 

Court ordered a county rate of 401i. made to defray the county 
debts. 

Court ordered that Mr. Stanian deliver to Joseph Shaw his wife's 
portion, 131i., before the next Salisbury court, and to have the 
remainder of the children's portions ready, also to give said Shaw's 
interest for five pounds of said portion for what time he keeps it 
after it is due. 

Wm. Norman ordered to answer at next Salisbury court to a 
complaint made against him about taking a false oath. 

Allowed to Wm. Fuller, 10s., to the house, 5s., and to widow 
Wall, 2s. 6d. 

Court held at Salem, 24 : 9 : 1663. 

Judges: The Worshipful! Major Denisson, Mr. Symonds and 
Major Hathorne. 

Grand jury: Mr. Walter Price, Jeffery Massey, John Puttnam, 
Frances Skerry, John Patch, Mr. Moses Maverick, James Moulton, 

Tho (his mark) King's receipt, dated June 14, 1663, to Nathll. 
Boulter for 241i. besides 181i. in reference to a bill, and on Nov. 23, 
1663, for 331i. 8s. Copies of receipts endorsed on the backside of 



102 SALEM QUARTERLY COURT [NoV. 

sr., John Davis, Henry Collens, sr., Nathanll. Kertland, John 
Peerson and John Mansfeild. 

Jury of trials: Mr. John Gardner, Mr. Philhp Cromwell, 
Joseph Huchesson, Wm. Dodge, sr., Samuell Eborne, George 
Roapes, John Devorix, Tho. Fisk, Nathall. Hanford, Jonathan 
Huston, Henry Silsby and John Lewis. 

John Brimblecom v. Robert Codner. Concerning the third 
part of a shallop, valued at 231i., which plaintiff sold said Codner 
for lOli. in mackerel, and defendant had paid 91i. in part and was 
to put in security for the rest, which he refused. Withdrawn. 

Robert Hooper v. Henry Russell. Battery. Verdict for plaintiff.* 

Frances Johnson, jr., & Co. v. Cristopher Lattamer. For 
violently cutting off their mooring, when they were moored upon 
needful occasions. Verdict for plaintiff.f 

a covenant of Nathll. Boulter's to Tho. King for the eight part of 
a saw mill upon the western side of Exiter falls, made by Tho. 
Bradbury,! rec. 

*Writ, dated Oct. 14, 1663, signed by Francis Johnson,! for the 
court, and served by Ambrous Gaile,J constable of Marblehead. 

Robert Hooper's bill of costs. Hi. 6s. 

Philip Beere, aged forty years, testified that on Oct. 13, 1663, 
being present near the boat of Mr. Russell, which Robert Hooper 
had hired of Mr. Maverick, there being present Mr. Russell, said 
Hooper and John Slauther, Russell gave Hooper leave to take out 
of the shallop what was his. While he was taking out one of the 
sheets, Russell struck him with his hand or the sail. Sworn, 
16 : 9 : 1663, before Wm. Hathorne.t 

John Slauther, aged twenty-seven years, deposed that being at 
Marblehead near a shallop in which he went to sea the fall voyage, 
Robert Hooper was taking his things out and unloosing the main 
sheet, Russell told him to leave one there. Hooper replied that 
they were his, whereupon said Russell, having the bolt rope in his 
hand, struck said Hooper in the face. Sworn, 16 : 9 : 1663, before 
Wm. Hathorne.J 

fWrit, dated, Nov. 14, 1663, signed by Jonath. Negus, | for the 
court, and served by Ambrous Gaile,| constable of Marblehead, 
by attachment of the new frame of defendant. 

Fran. Johnson's bill of costs, Hi. 15s. 6d. 

Ambross Gayle and Elizabeth Slater deposed that said Gayle 
being desired by Mr. Latemore to go with him to Richard Reade 
and Francis Johnson & Co. to bear witness that he would cut 
their mooring if they would not cast it off, which was fastened to 
a rock under full sea mark before Mr. Latimor's land, said 

':' t Autograph. 



1663] RECORDS AND FILES 103 

Richard Rowland, administrator of the widow Smith, deceased 
V. Cristopher Lattamore. Debt. Withdrawn. 

Mr. George Emorye v. Matthias Farnsworth and Wm. Dellow. 
Forfeiture of bond for non-appearance of said Dellow. Verdict 
for plaintiff. Court chancerys the bond.* 

Latimor told them that unless they would give him a quintal of 
fish, he would cut it, and because they wished to leave it to arbi- 
tration, Latimer forthwith cut it. Sworn in court. 

John Slater, sr., testified that Frances Johnson & Co. were 
forced to go to Boston and were absent two days to bring a moor- 
ing anchor after Mr. Latimor had cut their mooring and that they 
were detained from sea one day more to lay down their mooring 
anchor. In the meantime many boats loaded with fish. William 
Lyon testified the same. Sworn in court. 

Efizabeth Slater, aged twenty-six years, deposed that Master 
Letemore, etc. Sworn in court. 

Wilham Pitt,t on 25 : 9 : 1663, testified that "abought fyften 
or sixteene yeers past I bought all the Reight and Interest that 
John Gojiie had in marbelhed for house stayge and Land, as by 
the Records of Salem under the worshipfull the Govemer Endi- 
cots hand appeereth: And Injoyed it peasably: And about three or 
fouree yeers past I sould all my Reight & Interest tharof unto my 
son in lawe Christopher Lattemer, who hath peasably untell this 
daye Inioyed itt." Sworn in court. 

Moses Maverickef testified, 25 :9 : 1663, that "being at m' 
Latamors house on some business : m"" Latamors sonn came into 
the house: and said Father the Cunstable is come presently m' 
Latamor went out: and I followed to see what the matter was: 
m"" Latamor and the Cunstable went to the side of his stage next 
the sea: and with an axe which he had in his hand gave some 
strockes to a moreing which I conseived to be the Moreing of 
Francis Johnson and Company and was fastned to a Rock above 
Low water Marke on m"" Lattamors Land and nere his stage: 
which Land Goodman Goit sold to M"" Pitts and M^ Pitts and M' 
Latamore have enioyed to my best remembrance Fivetene yeares 
or therabout." Sworn in court. 

John Codnerf testified, 25 : 9 : 1663, that the land, etc. Sworn 
in court. 

Richard Hally testified that their boat brought in on the last 
second day nearly two hundred of fish and on the third day nearly 
fourteen score. Sworn in court. 

Emanuell Martine testified that they brought in nearly twenty- 
eight kentals one day and eighteen the next. Sworn in court. 

*Writ, dated Oct. 6, 1663, signed by Hillyard Veren,t for the 
court, and served by John Bourrill,t constable of Lynn. 

t Autograph, 



104 SALEM QUARTERLY COURT [NoV. 

Mordecay Creford v. Capt. Tho. Savage. Review of an 

action tried at last Salem court for not giving possession of a 

house and land mortgaged to said Capt. Savage. Verdict for de- 
fendant.* 



Mathias (his mark) Farnworth, Aug. 10, 1663, gave letter of 
attorney to Edward Richards to act for him in an action between 
Sammuell Bennitt and William Dellow concerning a judgment 
against Farnsworth to Mr. Emery, which said Bennit was engaged 
to satisfy, or anything that might arise from Thomas Andrews. 
Wit: John FuUerf and Elizabeth (her mark) Fuller. Edward 
Richards bound for said Farnsworth's appearance. 

*Writ, dated 16 : 9 : 1663, signed by Hillyard Veren,t for the 
court, and served by Samuell Archard,t marshal of Salem, by 
attachment of the house and land of Capt. Savage in which "Mor- 
decai Creford liveth." 

Henry Skerry, sr., aged fifty years, deposed that he heard the 
attorney of Capt. Savage read his attorneyship to Goodwife Cra- 
ford, and demanded possession, but she refused, upon which he 
attached the house. Sworn in Salem court, 1:5: 1663, and copy 
made by Hillyard Veren,t clericus. 

Mordica Cravet is Dr., 26 : 10 : 1661, to 2 Bushels of Indian 
Come, 3U., 34h. of Cordidgs, Ih. 2s.; 1 Barrel of porke, 4H.; 6 C. 
of bred at Hawkins, 61i.; 1 Barrel of Beef, 3U.; 71U. of sugar & 3 
p. of haling hands, Hi. 13s. 7d.; 291i. of Jemoca tobaco. Hi. 9s.; 
on 5 : 1 : 1661-2, to Hi. 6 oz. of marleing, Is. 7d. ; 3 Barels of Tarr 
& 1 1-2 B. pease, 2h. 8s.; 8 Bords, lis. 4d., & in money, 8s., 19s. 
4s. ; 1 Barrel of porke, 41i. ; 1 Tearce of mallases, 31i. ; 9 Bushels 
of Ind. Corne, Hi. 7s. ; 2 Bushels of pease, 8s. ; 561i. of beef, 18s. 
8d.; 20hhds. of solte, 18U.; bred from Capt. Oliver's, lU. 10s.; 
5 C. of bred from Tho. Hawkins, 51i. ; 1 pipe of wine, 181i. ; 2 firkins 

of soape, 21i. ; 2 Grapnels of at Danill Turell's, 21i. 8s. 6d. ; 

soe much paid John Grifin p. bill, lis.; lU. of Rozin at Mr. Peter 
OUver's, 18s. ; on 3 : 4 : 1662, 1 mackrel lynes & 1 Cod lyne, 4s. 
4d.; 1 shollup Road way, 2 C. : : 14h. at 56s. p. C, 5U. 19s.; 1 
pype of Goorges wine, 181i.; 3 C. of bred & 1 B. of Tarr, 31i. 
14s.; 1 Barrel of porke, 41i.; 1 fliche of bacon, way. 701i., Hi. 15s.; 

1 yd. 1-4 of cotton cloth, 4s. 7d.; 1 C. of Lardge nailes, 31i. 3s. 4d.; 

2 graplins way. 981i. at 6d. p. U., 21i. 9s.; Robt. Lawrence p. yor. 
wives ordr., 51i. 6s.; a sithe, Rubstones & a bottell, 6s. 9d.; on 
8:5: 1662, To Lawrence White in wt. Callico, 1 1-2 yds., 2s. 6d.; 
37h. of Led at 3 l-2d., p. U., 10s. 9d.; 1 pipe of wine, 18h.; 2 
Barrels of Rum being 60 Gall, at 4s., 121i.; 1 Casque of molases, 
Hi. 15s.; 5 C. of bred, 51i. 15s.; 891i. of nevis sugar. Hi. 17s. Id.; 
211i. 3-4 of Tobaco, Hi. Is. 9d.; Jno. Pell p. order, 2U. 13s. 4d.; so 
much pd. on for culling fish p. order, 3s. ; llOli. of beef dd. by Capt. 

t Autograph. 



1663] RECORDS AND FILES 105 

Tho. Phelps v. Nicolas Liscomb and Richard Hanever. Con- 
cerning eighteen barrels of mackerel which were taken in the boat, 

Jnoson, Hi. 9s. 6d.; 5 1-4 yds. of stuf, 1-4 green saye, 17s. 2d.; total, 
17011. Is. 9d. 

Mordica Cravet is Cr., 8:5: 1662, by a prcel. of fish then reed, 
861i. 16s. 6d.; 28:7:1662, a prcel. of fish then reed, 561i. 
10s. Acknowledged, June 29, 1663, by Capt. Tho. Savedge, who 
brought his day book and ledger with him and compared the 
accounts, before Edward Rawson, comr. Copy made by Hill- 
yard Veren,t clericus. The said Mordecaie and his wife Edith 
affirmed in Salem court, 25 : 9 : 1663, that the two foregoing 
credits in fish were paid to Capt. Savig upon account of the 
mortgage. 

Copy of a mortgage deed, without date, Mordecay (his mark) 
Craford and Judeth (her mark) Creford, his wife, and John Pride, 
all of Salem, to Capt. Thomas Savage of Boston, one dwelling 
house and barn, with eighteen acres of land on which the house 
stands, on a neck of land in Salem near Bass river, with twenty 
acres lying near Seader stand, near Bass river on Cape Ann side, 
with one bark with all her sails, masts, yards, anchors, cables, 
apparel and furniture, which bark said Creford commonly sailed 
in, also half the bark which John Pride commonly sailed in, 
with half of her sails and appurtenances, with the whole produce 
of a fishing voj^age which Craford was then undertaking with two 
boats at Cape Nawagon; said Craford was to pay to said 
Savage 280H. sterling in merchantable and refuse fish at money 
price at his warehouse at Bostone, etc. Wit: Tho. Mower and 
WilUam Hathome. Acknowledged before Jo. Endecott, Govt. 
Copied from the records at Salem, Book 2, p. 33, by Hillyard 
Veren,* rec. 

Copy of Salem court record, 30 : 4 : 1663, in action of Savage 
V. Creford, made by Hillyard Veren,* clericus. 

Copies of writs, dated June 24, 1663, signed by Jonath. Negus, 
for the court, and served by Danyell Rumboll, constable of Salem, 
by attachment of one black dog, one sow spotted white and black, 
eight pigs, and the house and land, made by Hillyard Veren,* 
clericus. 

Execution, dated Aug. 4, 1663, against Mordecaie Creford's 
estate at the neck, near Winter Island and his fishing vessels, to 
satisfy judgment of the Salem court of 30 : 4 : 1663, signed by 
Hillyard Veren,* cleric, and returned by Samuell Archard,* mar- 
shal of Salem and Richard Waite,* the marshal's deputy, who de- 
livered to Thomas Savage, jr., by order of his father, Capt. Thomas 
Savage, possession of a barque of Mordeca Craford of Salem, then 
in Boston harbor. 

* Autograph. 



106 SALEM QUARTERLY COURT [NoV. 

of which thay will not allow him the third part, being partner in 
the boat. Nonsuited.* 

Samuell Bennet v. Mr. Henry Greenland. Slander. Saying 
that he was a lying knave. Withdrawn. f 

Mr. Henry Greeneland v. Mr. John Hathorne and Edw. Richards. 
Forfeiture of a bond for non-prosecution of an appeal made by 
said Richards' attorney of Samuell Bennet in an action between 
said Greeneland and Bennet at the last Salem court. This action 
was ended by the bench by arbitration. Withdrawn. 

Peter Giles v. Wm. Oxman. Debt. Withdrawn.! 

Mr. John Hathorne, attorney to Mr. Joseph Humfrye v. Frances 
Ingolls. Debt. Verdict for plaintiff. § 

*Writ, dated Oct. 21, 1663, signed by Fra. Johnson,] | for the 
court, and served by Ambrous (his mark) Gaile, constable of 
Marblehead. 

tWrit, dated 19 : 9 : 1663, signed by John Fuller, |I for the court, 
and served by John Bourrill,|| constable of Lyn. 

Benjamyn Muzey and John Fuller deposed that being in the 
house of John Hawthorne, they heard Dr. Greenland say that 
Sammuell Bennit was "the verryest Rascoll in new England, and 
that he would not take his word for a groat," with other appro- 
brious words and speeches. Joseph Armitage testified to the same. 
Sworn in court. 

Hen. Greenland ^ of Newbery and Samuell Benett ^ of Rowly 
Marsh agreed, Nov. 25, 1663, to refer their differences to Wor- 
shipfull Mr. Samuell Simonds, Major Generall Denison and Major 
William Hathorne. Wit: John Rucke,|| John Hathorne || and John 
Fuller. 1 1 

Samuel Symonds,|| Daniel Denison|| and Wm. Hathorne,] | 
arbitrators chosen to settle differences between Mr. Bennet and 
Mr. Greeneland, advised, 26 : 9 : 1663, that the actions be with- 
drawn, and that the evidence brought in by Mr. Bennet proving 
Capt. Barefoote's attorneyship to Mr. Greeneland be returned, etc. 

JWrit: Peeter Giles v. WiUiam Oxman; debt; of 291i. 4s., due 
for a year's employment about fishing with defendant, to be 
paid mostly by bills of exchange for England; dated 23: 8: 1663; 
signed by Hillyard Veren, 1 1 for the court. 

§Writ, dated 15:9:1663, signed by John Fuller, || for the 
court, and served by Robert Ingoles,|| constable of Lynn, by at- 
tachment of four oxen. 

Whereas Joseph Humfrey,^ son of Mr. John Humfrey, deceased, 
and Mr. Edmund Batter were administrators of the estate of said 
John Humfrey, and whereas Francis Ingolls of Linne, for a long 

II Autograph. ^ Autograph and seal. 



1663] RECORDS AND FILES 107 

Cristopher Lattamore v. Faithful! Bartoll and John Prest. 
Battery. For assaulting him on his own land and offering violence 
to him, even to bloodshed. Verdict for defendant.* 

Danyell Huchens v. Peeter Nash. For refusing to give plaintiff 
legal possession and also to lay out one hundred acres of land 

time had possession of a farm commonly called Sagamore hill, 
formerly belonging to said Humfrey, and now was still a tenant 
there for his yearly rent at ten pounds five shillings for the year 
1663, according to agreement, and there having been some differ- 
ences as to rent, repairs, etc., they now agreed that said Ingols 
should pay twenty-seven pounds, five pounds having already been 
received, and Joseph Humfrey leased his interest in it for one year,, 
from July 1, 1663. Wit. William Artwickef and John Belling- 
ham.f 

John Hathorne's bill of cost, Hi. 9s. 

Francis (his mark) Ingolds of Lyn, 6:1: 1663, acknowledged 
himself bound to Mr. Joseph Humfrey of Lynn in 271i., 121i. to be 
paid in the best grain that the farm will produce as soon as the crop 
is merchantable and ten pounds in beef and pork on October next, 
and the rest in good English goods. Wit: Joseph Whitingf and 
Samuel Whiting, sr.f Joseph Humfrey 'sf receipt. 

Joseph Humfrey'sf letter of attorney, dated June 22, 1663, to 
Mr. John Hathorne of Lyn, for the management of all his estate 
in New England. Wit: Edward (his mark) Richards, and John 
Hathorne, jr.f 

*Writ, dated Nov. 12, 1663, signed by Francis Johnson,t for 
the court, and served by Ambrous (his mark) Gaile, constable of 
Marblehead. 

Faithfull Barttlett's bill of costs, 17s. 

John Codner deposed that being at Marblehead about fourteen 
days since, he heard Cristo. Lattamore warn these men not to 
moor their boat upon his land, but they said they would. Then 
Lattamore said he would cut it, and they dared him to do it. 
Presently he came with an axe and those who were upon the stage 
called to those in the boat to come ashore, whereupon Faithfull 
Bartoll and John Prest came ashore and fell with violent hands 
upon Mr. Lattamore. Down came Mr. Lattamore upon the rocks, 
it being his own land by common repute, and said Bartoll was 
upon the body of said Latamore, and shook him and punched him 
with his knee and hands. When Latamore arose, his face was 
very bloody and he spit blood. Robert Codner testified to the 
substance of the foregoing. Sworn in court. 

Mr. George Emery deposed that Mr. Lattemar sent for him and 
he went to his house and found him very much bruised and "he 

t Autograph. 



108 SALEM QUARTERLY COURT [NoV. 

bought of Nash. His bond for appearance forfeited. With- 
drawn.* 

Mordecaie Creford, assignee or attorney of Freegrace Norton 
V. Roger Preston. Debt. Withdrawn.f 

Mr. John Hathorne v. Joseph Armitage. Debt. Joseph 
Armitage acknowledged judgment to said Hathorne. With- 
drawn. J 

Mrs. Judeth Stileman v. Richd. Huchesson. For detaining 
her thirds of land sold to defendant by her deceased husband. 
Nonsuited, the right party not being sued.§ 

Marke Bachelder was chosen and sworn constable of Wenham 
for the ensuing year and Nicholas Merit for Marblehead. 

John Davice of Gloster took the oath of freeman and was ad- 
mitted to this jurisdiction. 



lett him bloud." Three or four days afterward he went again and 
found him not well, etc. Sworn in court. 

Jno. Pedrick, aged about twenty-five years, deposed that he 
saw Faithfull Bartlet, one of Francis Johnson's crew, go ashore to 
the rock where their mooring was made fast against Mr. Late- 
more's land, and saw the latter strike said Bartlet two blows on 
his head and shoulders with an axe-helfe. At this they both closed 
and fell down upon the rock together. When they arose, deponent 
saw said Latemor strike him again with his fist, etc . Sworn in court. 

Mihill Combs, aged about thirty-one years, deposed. Sworn 
in court. 

*Writ, dated Nov. 10. 1663, signed by Richard Littlehale, || for 
the court, and served by Edward Harte,|| constable of Haverhill. 

Mr. Huchins' bill of costs, Hi. 7s. 

fWrit, dated 16 : 9 : 1663, signed by Hillyard Veren,|| for the 
court, and served by Samll. Archard,|| marshal of Salem. 

JWrit, dated Nov. 16, 1663, signed by John Fuller,] | for the 
court, and served by Robert Ingolles,!] constable of Lynn, by at- 
tachment of a black mare colt. 

Bond of Joseph Armitage,|| dated Oct. 17, 1661, to John Ha- 
thorne, for 261i. 14s. 6d., as follows: thirteen pounds by Mr. OlUver 
Purchis, six pounds to Mr. William Phillips, and the remainder 
to be paid at Mr. Jno. Payne's in Boston, Dec. 25 next. Wit: 
Daniell Salmon|| and John Hathorne, jr.|| Owned in court by 
Joseph Armitage. 

§Writ: Mrs. Judeth Stileman v. Richard Hutcheson; for detain- 
ing her thirds of land sold said Hutcheson by her deceased husband 
in 1648; dated Nov. 2, 1663; signed by Hillyard Veren,|| for the 
court. 

II Autograph. 



1663] RECORDS AND FILES 109 

Nicholas Woodbery was fined ten shillings for absence from 
the grand jury. 

Arther Sandy had his license renewed for the ensuing year. 

Mr. Tho. Gardner had his license renewed to sell one barrel of 
strong waters at retail. 

Mr. John Hathorne had his former license renewed. 

Mr. Browne, Mr. Corwin, Mr. Batter, Mr. Price, Mr. Croad, 
Mr. Woodcock and Mr. Gidney had their licenses renewed for 
retailing strong water for the ensuing year. 

Nathanyell Putnam was chosen and sworn clerk of the market 
for Salem for the ensuing year. 

Whereas Benjamin Fairfeild, by consent of Salem county court, 
29 : 9 : 1660, made choice of Peeter Palfery for his guardian, until 
said Benjamin were twenty years of age, or at said Palfries death, 
the latter having lately deceased, he chose Mathew Edwards as 
his guardian, and the court confirmed it. 

Mr. Edmond Batter, administrator of the estate of John Hum- 
fries, Esq., was allowed to pay himself his just dues from the estate 
of Mr. Joseph Humfries, for all his charges in the management 
of the business, taking it from the rent of the farm of Mr. Humfries 
at Windmill hill in Lynn. Ten pounds was allowed said Batter 
of an account presented to court, besides another account owned 
by Mr. Joseph Humphries.* 

The clerk was ordered to issue a warrant to the selectmen of the 
town of Gloster for the raising of ten pounds for the use of Mr. 
Thomas Millett in consideration of his pains among them in the 
public ministry for one quarter of a year. 

Samuell Bennett and Wm. Whiterig were fined for not presenting 
their appeal from the last Salem court to the Court of Assistants. 

The wife of Frances Linsford was fined for being disguised with 
drink.f 

John Kitching and Joseph Boyce were convicted for frequent 
absence from the pubHc ordinances, they having afl[irmed that they 
had not before been legally convicted. 

*Bill receipted by Edmond Batter.f Mr. Gidney mentioned. 

fJo. Bartollf deposed that he saw the wife of Francis Linsford 
sitting in the highway not able to rise without help, and he fully 
conceived that she was disguised with liquor. Sworn in court. 

Marblehead presentment. Wit : John Bartall and Mary Gere. 

X Autograph. 



110 SALEM QUARTERLY COURT [NoV. 

Mr. John Gardner and John Ormes were appointed administra- 
tors of the estate of John Commins, deceased, that is in this coun- 
try, and were ordered to bring in an inventory* to the next court. 

Joseph Bowed, not having the approbation of the selectmen of 
Marblehead to sell strong waters or beer, court ordered him to for- 
bear selling any longer upon his peril. Fines of the last court remitted.f 

Court taking into consideration the case of Elias White and Mary 
his wife, and weighing all things seriously, upon the deliberate 
hearing of the parties, together and apart, and the evidence, de- 
clared that it would not be offensive to the court for her, the said 
Mary, to marry another man. J 

Samll. Shattock, charging the court and country, in the face of 
the court, with being guilty of innocent blood and words to that 
purpose, was fined or ordered to be whipped. Mr. John Gardner 
promised to pay the fine. 

*Inventory of the estate of John Comings, in the custody of 
John Ormes of Salem, appraised, Nov. 26, 1663, by Edmond 
Batter§ and Walter Price:! Ill yds. of Canves at 18d. pr. yrd., 81i. 
6s. 6d.; 20 yds. of brod Lining at 2s. p. yd., 2U.; 63 yds. of Ossin- 
bredge at 15d. yd., 3U. 18s. 9d.; 56 1-2 yds. of Canves at 18d. yd., 
4h. 4s. 9d.; 42 yds. of Canves at 18d. pr. yrd., 3h. 3s.; 3 peces of 
tufted holond at 2s. 2d., containing in all 45 yrds., 4h. 17s. 6d.; 
34 yds. of blew Lining at 3s. pr. yd., 5U. 2s.; In money, 41i.; A 
sute of Cloathes And Wastcoate, 2U. 5s.; A Cloake, 30s., and hat, 
15s., 21i. 5s.; A feather bed, bolster, on pillow and 2 blankites, 71i. 
12s.; total, 47U. 14s. 6d. 

fThe petition of Moses Mavericke,§ Francis Johnson, § Lott 
Connant,§ John Codner§ and Christo. Latemor,§ selectmen of 
Marblehead, dated 26 : 9 : 1663, "that whereas Joseph Bowed of 
the same place hath for some space of time kept a Comon tipling 
house selling of strong watters and Rapp. and pretends a licence 
from the last Court: at Salem. In June last your petitioners 
humbly Craue the fauor of this honored Court and Benifitt of the 
Law that neither he; nor any other be Intruded: on us with out 
the approbatitions of the Towne or Select men; which the said 
Joseph Bowed never had and that we may be free in the Choyse 
of men to such Imployment as other Townes are." 

JCopy of record of Court of Assistants held at Boston, Mar. 3, 
1662, made by Edward Rawson,§ secretary: Major Hauthorne, 
by letter returning a warrant, bond and evidence taken before 
him relating to what Margaret, in behalf of her daughter Mary 
Whit e, the wife of Elias White, said in regard to his insufficiency 

llR § A i'tograpli.^,X~ i 



1663] RECORDS AND FILES 111 

Joshua Buffum was ordered to sit in the stocks one hour for 
affronting the court about his marriage. 

Philip Veren was ordered to be set by the heels in the stocks one 
hour for disowning the country's power, in open court, about 
forcing any to come to the public worship, 

Philip Veren was dismissed from common training, paying five 
shillings annually for the use of the company. 

John Porter, jr., had forfeited his bond for breach of the peace, 
and the court finding his other offences such as they see cause to 
send the said Porter to Boston goal, to be kept until his trial at 
the Court of Assistants. 

The last Ipswich court having referred the case of Mary Longly's 
light and lascivious carriage and speeches to this court, she was 
admonished and had caution given her, although there was not 
legal proof, but cause of great suspicion.* 

concerning the marriage state and her desire of being freed from 
him. The parties appeared and the court declared that they did 
not see sufficient ground to separate them, but advised them to 
live together a while longer. 

William Charles and John Codner of Marblehead deposed in rela- 
tion to what Elias White told them, etc. Sworn, 2:1: 1662-3 before 
WiUiam Hauthorne. Co y made by Edward Rawson,t secretary. 

Copy of Elias White's answer to Willam Charles and John 
Codner, both of Marblehead, recorded in the records of the Court 
of Assistants, Mar. 3, 1662, made by Edward Rawson,t secretary. 
He owned their statements to be true and told the court that he 
was fully contented to be separated, if it so pleased authority. 

Allice (her mark) Peach and William Watersf deposed that the 
third day after Ellis White and Mary Codner were married, he 
invited deponents to supper, and Allice Peach's husband wished 
Mary Whit joy of her marriage. She answered that she hoped 
to be married again in three or four years. 

John (his mark) Thorning deposed that Richard Downing had 
kissed Mary White many a time and shown other marks of affection. 
Also that he saw Ellis Whit drink to his wife but she refused to 
drink, and answered that she would rather pledge her cousin Down- 
ing than him. 

Mary (her mark) Trevet and Jane Woolcotf deposed the same. 

The foregoing testimony was sworn to, 3:1: 1662-3, before 
Wm. Hathorne.f 

*Copy of Ipswich court record of Sept. 29, 1663 in relation to the 
complaint of Mary Longley, made by Robert Lord,t cleric. 

t Autograph. 



112 SALEM QUARTERLY COURT [NoV.. 

Wm. Longley bound, 30 : 5 : 1663, for the appearance of his; 
daughter Mary at next Ipswich court. 

Mary Browne testified that Mary Longley told her that in her 
childhood her brother John Longley was guilty of improper rela- 
tions with her. Sworn, 29 : 7 : 1663, before Wm. Hathorne.* 

Hanna Haven and Mary Haven testified that Mary Longley 
told her that Goodman Coates came up into her chamber when 
she was abed, etc. Sworn, 30 : 5 : 1663, before Wm. Hathorne.* 

Mary Mansfield, aged about forty-eight years, deposed, Nov. 
26, 1663, that whereas Goodwife Haven testified that deponent's 
kinswoman, Elizabeth Morris, had told her part of the affair be- 
tween Robt. Coates and Marrye Longlye, deponent declared that 
she had never heard of it until she heard the testimony. Further 
her kinswoman said she never told it to Goodwife Haven and she 
had never found her kinswoman given to speak untruthfully. 
Sworn in court. 

Joseph Haven deposed. 

Susanah Haven deposed concerning Lydia, William, John and 
'^Mary Longley's behavior some years since. 

Thomas (his mark) Colddum, Joanna (her mark) Colddum, 
Thomas Colddum, jr.,* Nathaniell Handforth,* Sarah Handforth,* 
Ehzabeth (her mark) Tailor, Richard (his mark) Hudd, Mary 
(her mark) Hudd, John Mansfelde,* Mary Mansfield,* Andrew 
Mansfeild,* Bethiah Mansfeild,* John Burrill,* Loois Burrill,* 
John Newell,* Elizabeth (her mark) Newell, certified, at Lyn, 
Sept. 29, 1663, that "having lived severall years in the towne of 
Lyn, where mary longley hath lined with us in the same towne, 
wee have alwayes taken her to be of a sober comly & modest be- 
haviour both in word and carriage at all times as ever we see or 
knew of and for our parts, we never se any wanton behaviour by 
her or any uncomly or immodest speeches that might tend to any 
uncivility: although we have beene often in her company both 
night and day upon occasions: And with some of us, shee hath 
beene in our houses severall weeks together; And further severall 
of us can testify that upon our knowledge that ther hath beene a 
strife betwixt these two familys severall years namely betwixt, 
goodman haven and goodman longley, and their familys." 

Thomas Wheeler and his wife Mary, William Clerk and Henery 
Rhodes certified that they had lived near Mary Longly several 
years and had never seen any uncivil carriage. 

Elizabeth Moris, aged about nineteen years, deposed that 
Goody Haven called to her as she was going by and told her that 
deponent ought to tell her aunt what Mary Longly said about 
Coates. Deponent told her that she had said nothing to her, etc. 

Goodwife Burges, aged about forty-four or five years, deposed. 
Betty Moris' sister and Thomas Moris mentioned. Sworn in court. 

Eleazer Rhodes and Samuell Rhodes, sons of Henery Rhodes, 

* Autograph. 



1663] RECORDS AND FILES 113 

The will* and inventoryf of John Pickworth were proved and 
allowed. 

having been in Mary Longly's company at husking time never 
saw any ill carriage in her. 

*Will of John Pickworth, dated 27 : 4 : 1663, was proved 
25 : 9 : 1663. He bequeathed to "my wellbeloued || wife !| An 
Peckworth my wholle estate as hows land and Catell and 
howshowlld goods and she to injoye the same as long as 
she leueth if liueing and dying in a widows estate but if she 
other wyis changh her condition and marey then she only to 
haue her third of w* then : the estate is : and after her changh 
eyther by deth or marege. Then my Elldest sonne John Peck- 
worth is to haue the hows medow And 25 aekers of land w*^ 
the p* of the nek that lyeth betwene Aberham W*yare and my sellfe: 
for the rest of my land which is 30 akers bowght of Robert morgon 
with the medow that belongeth to yet my 3 sonns Samuell Joseph 
and Beneiemen is to haue the same as fore mentioned by my son 
John as he is to haue his after my wife soe they to inJoye the sam 
allsoe : and my sonn Samuell is to haue the 6 aekers that lyeth upon 
the nek nex to Robert Leachs lot that was giuen me by the Planta- 
tion 1 1 manchester 1 1 and the land that lyeth by the saw mill : and 
for my Part of the samill I thus disspose of yet I leauef yet w*^ my 
wife as the rest of my estate only my sonn Samuell to act in her 
behalfe with the rest of my fortuen and he to be Payed for his 
labower and to haue half the Prefect that yet brings in if the estate 
howld out then my to elldest dawghters Ruth marsterson and 
Haner Coollens is to haue 40 shillens a peace when the rest fore 
mentioned haue theyers : and to my j^oungef t son Beniemen and my 
5'^ongest Dawghter Abegell I giue a cow callfe the same to be thyer 
after my decese and the Profet that comes in by the increase fur- 
thermore yet is my will that if the hows medow & ground that my 
son John is to haue cometh to more than a dobell Portion when the 
estate is pryesed then he is to elld up out of his only he is left to 
his leberty for the redemeing of his land and to pay w* yet comes 
to for to make up the sengell Portions: and for the better Per- 
formance of this my will: I apoynt my wife An Peckworth w*^ 
m^'' to Sons John and Samuell to be Adminestraters and desyers 
and apoyn^s my well beloued friends Thomas Jones and Willam 
Benet to be ouer scares where unto I here set my hand. John 
Pickworth."! Wit: John (his mark) Hutson and Samuell Friend. | 

flnventory of the estate of John Peckworth, taken Aug. 25, 
1663, by William Allen and Robert Leach: The hows wth the 
meadow and lans, 25 ackers, 351i.; more land and medow, 161i.; 
a peace of medow at Kettell Illand, 41i.; a sheare of the saw mill, 
30H.; 3 cowes and a calfe, 16h.; a horse wth. a sadell, llh. 10s.; a 
pcell of swyn, 6h.; a cover and a prcell of bowlts, Hi. 10s.; a 
prcell of carpenters toolls, 21i.; a fethers bed wth the coweferins, 

t Autograph. 



114 SALEM QUARTERLY COURT [NoV. 

The will* and inventoryf of Richard Rooten, deceased, were 
proved and allowed. 

8li. ; pots & ketells & skellets, a fryine pan and hooks, 41i. 5s. ; a 
spet, 3s.; more howshowld stof, erthen and wooden ware, 10s.; 
more beding wth. the coweferin, 21i.; a pare of cart whealls and 
Plow, 21i. 10s.; a fowllin Peace, Hi. 5s.; a prcell of Pewter and 
warmin pan, 31i.; wheat in the barein. Hi. 10s.; enden Corne, 10s.; 
a Cubowrd, Tabell, stooUs, chayers, chests, 21i. 10s.; his warein 
Clothers, 8h. 10s.; 7 yds. of coten, 111. Is.; more 9 yds. of fianing, 
Ih. 7s.; kersey, Hi. 7s.; Lining, 71i.; Boots, 16s.; total, 168h. 4s. 
Sworn by Ann Pickworth, the widow, in Salem court. 

*Will of Richard (his mark) Rooton,t dated June 12, 1663, 
and proved by Henry Roads and Robert Driver: He bequeathed 
all his estate to his wife "whille shee Lives saue Sagemore hill and 

close and to steares, to cows which I beequeue to my kinsman 

Edmond Rooton, and After my wifes Desease I will that all I haue 
to bee my kinsman, Edmond Rooton, allsoe I will that hee shall 
haue a bed with al y* doeth belonge to it of such as I haue of mine 
one Allsoe I will that Edmond Rooton haue for his Conuenesy 
halfe an Acor of ground upon the hill, y* was ould Tilltons to builld 
him a howse upon: with tene Poundes towards his buillding I will; 

that hee haue it, where hee may h most Convenient, to build 

him a howse Allsoe I will : that if Jonathan Hartshorne 

continew with my wife and Edmond Rooton tearmes of 

yeares I doe grant unto him fine Allsoe I will that our Pastor 

m'' Whiting haue forty shilling giuen unto him, Allsoe I will that 
Henery Rhods have twenty shillings to bee giuen him, I will to 
giue unto George Tayler twenty shillings. It is my will that I 

my wife my chefe Exec — and Henery Rhods my overser, 

and Gorge Taylor with him." Wit: Henery Rhodes, § Robert 
Driver§ and Francis Burrill.§ 

flnventory of the estate of Richard Rooton, taken Sept. 20, 1663, 
by Nathaniell Handforth§ and Francis Burrill:§ Coates and 
breaches, 41i. 18s.; a new shute, Hi. 10s.; in stockins, 7s.; hates. 
Hi. 6s.; shurtes. Hi.; shooes, 7s. 6d.; beding, 3U.; pillowes. Hi.; 
tikes, 16s.; a Pillow, 6s.; fether Pillows, 2H.; fether bed, 2H.; a 
bed, 16s.; 3 blankets. Hi. 7s.; in Coverletes, 3H.; a coverlet, Hi.; 
a grene Ruge, Hi. 2s.; a cotten Ruge, Hi. 10s.; blankets, 31i. 4s.; 
grene Cotten, 7s. 6d.; Coate, 5s.; in broad Cloth, 2h. 6s.; cersy, 
4li. 3s. 6d.; Red Penestone, 4s.; serge, 21i. 6s.; blew Cotten, 3s.; 
in Cotten and Linen Cloath, Hi.; sheetes and Pillow tikes, lOli. 
16s.; Napkins, 10s.; blew Calleco, 4s.; Linen and bandes, 10s.; 
Potes and kettells, 2li. 10s.; a brase kettell. Hi. 12s.; a warming 
Pane, 6s.; a Morter and Pestell, 6s.; tonges and shouffell, 12s. 
6d. ; Pewter, 2li. 7s. 6d. ; gunes and sordes, 2li. 10s. ; chestes. Hi. 

tSeal. § Autograph. 



1663] RECORDS AND FILES 115 

Mr. Elias Stileman presented an inventory of his deceased 
father's estate, which was allowed.* 

10s. ; a tike, 8s. ; cheres and stoUes, 12s. ; a Tabell and forme, Hi. ; 
a bedsted and Cubard, Hi. 10s.; two Restes, Is.; Earthen Potes, 
Is. ; bookes, 12s. ; tubes and other Lumber, Hi. 3s. 6d. ; woUe, 10s. ; 
hopes, 2s.; tubes, 8s.; Flaxe, Ih. 5s.; a Rope, 2s.; Corne, 2H. 2s.; 
trenchers, 2s. ; sives, 2s. ; Oyle Jares, 2s. 6d. ; whelles, 4s. ; barly, 
2h. 10s.; wheate, 21i. 10s.; Ingen Corne, 2H. 10s.; Eyren, 2H. 18s.; 
Inglish haye, 31i.; sallt mash, 61i.; a Pare of Oxen, 14U.; cowes, 
181i.; steres, 8h.; heffers, 91i. 10s.; caves, 21i. 10s.; shepe, 4h.; a 
mare and couUt, 151i. ; swine, 4Ii.; land, 1311i.; howses, 151i. ; 
cart and whells and other things belonging, 21i. 10s.; fries, 5s.; 
mony, 201i. ; a brase Potte, 3s. ; Plow Eyrens, 8s. ; Dettes owing 
to her, llli. 15s.; other debts. Hi. 15s.; more, 21i.; in yarden, 6s.; 
more. Hi. 17s. 2d.; total, 28 Hi. 6s. 2d. 

Paid out of the estate since her husband's death : To Mr. King, 
7s.; the Cowkeper, 8s.; for sumering of cattell, 14s.; more laid 
out. Hi.; more, 71i.; total, 9U. 9s. 

*Inventory of the estate of Elias Stileman, taken 7:9: 1662, 
by Edmond Batterf and Hillyard Veren:t A dwelling house, 5011.; 
one Acre of salt marsh, 51i.; 3 1-2 acres of pasture land, 1411.; 
about 2 acres & half of ground in ye south feild, 31i. ; 6 swine, 31i. 
Goods in the parler: a bed with the bedsted & all ye furniture 
belonging, lOli. ; a table & forme & two Carpitts, Hi. 5s. ; 8 chayers, 
Hi. 10s.; a Cubbord cloath & 3 Cushens, 2U.; 8 cushens, 8s.; one 
old Bible, 2s. 6d. ; 4 pr. hollan sheets, 81i. ; 5 Cource hollan sheets, 
31i. ; 1 pr. Calico sheets, Hi. ; 2 pr. Cource sheets, 21i. ; table cloathe 
21i.; 5 pr. pillow beers. Hi. 10s.; 15 towells, fine & cource, 14s.; 
1-2 doz. fine napkins, 15s.; 2 doz. 1-2 napkins. Hi. 16s.; 12 Cource 
napkins & a cource table cloath, 9s.; a warming pan, 10s.; 1 pr. 
And Irons & tongue, lU. In the hall: a table, 2 formes. Hi. 5s.; a 
Cubbard cushing, 2s. In pewter . new wine qrt., pt. & 1-2 pt. potts, 
Hi. 12s.; a flaggon, 3 qrt. potts & pt. potts & cupps, 21i.; worne 
pewter, 21i.; pewter platters, sasers & bassons. Hi.; new pewter: 
9 platters, 21i. 10s.; latten ware, 10s. In ye Hall chamber: a bead, 
2 coverings, bolster, pillow & a blankett, 3h. 10s.; chares, table & 
form, old ones, 6s. In ye parler chamber: one bead, one bolster, 
to pillowes, a rugg, 2 blanketts, curtins, vallenc & bedsteed, 71i. ; 
an old table & forme, 2s. In the kitching: one muscott, 10s.; 2 
spitts, 1 pr. rackes, gridiron, 2 pr. hauckes, tongues, fire pan, beefe 
pricker. Hi. 12s.; 3 Iron potts & on kettle, 21i.; on Iron thripin 
pan, frying pan & one pestle & morter, an old Jack, Hi.; bras 
scales & waites, 5s.; 2 brass Kittells, Hi.; a brass scumer & ladle, 
5s.; old Iron, 2s. 6d. & a spade, 30d., 5s.; trenchers, & wooden 
platters & bottle, 10s.; earthen ware, 3s.; 4 baggs, 12s.; 2 seeves, 

t Autograph. 



116 SALEM QUARTERLY COURT [NoV. 

In answer to a motion made by the clerk of the military com- 
pany of Salem for the confirmation of Mr. Georg Gardner as 
Lieutenant and Joseph Gardner as ensign, the court understanding 
that there was wanting that full concurrence and mutual satisfac- 
tion that were to be desired in the establishment of such public 
officers, as upon the like occasion some years since, the court 
thought meet to commend to the company and all others con- 
cerned to consider it anew, the rather because Major Hathorne, 
"hath for Rasons he best knowes (though we would hop: through 
noe discouragement on yo' pt) layd downe his Commission which 
we could not deny upon his reitorated motions, & there fore we doe 
comend it to you, that you apply yo' selves to such a complyance, 
that the company may not remayne destitute of Commission 
officers but that meet & acceptable psons, may be yo'' Generall 
agreement, be presented to the next Court, in order to their esta- 
blishment."* 

Nicholas Merrit was sworn constable for Marblehead. 

The following were presented for frequent absence from public 
ordinances on the Lord's days, and were convicted and fined: The 
wife of Robert Buffum, Phillip Veren, John Sotherick and his wife, 
Josias Sotherick, the wife of Robt. Stone, Samuell Shattock and 
his wife, Hannah Phelpes, John Smale, the wife of Anthony Need- 
ham, the wife of Henry Trask, Michall Shaflin, John Eleven, John 
Burton, sr., Hanah Burton, the wife of Richard Gardner, John 
Smith and his wife, the wife of Joseph Pope, Damaris Pope, Dan- 
yell Sotherick, the wife of George Gardner, Nathanyell Tompkins, 
the wife of Robert Wilson, each fined for twenty days' absence; 
the wife of Mr. Tho. Gardner was fined 30s. ; John Sotherick, the 



2s.; a copper, 3U.; a bellowes, funnell & other lumber tubbs, canns 
& shovell, 13s. In the Kitchin chamber: one bead & 2 bolsters, 2 
white blanketts & 2 red blanketts, 51i. ; 2 Coverleads, Hi. 8s. ; 2 
chests. Hi.; wearing apparrell, lOli.; 3 hatts, 15s. In the seller: 
wine viniger. Hi.; ould caske, 10s.; 1 pr. malt Milstones, 5s.; a 
hamaker, 10s.; aprentice boye, 91i.; total, 17611. 12s. 6d. The 
estate owes to severall men that is known, 2791i. 12s. 4d. 

*Tho. Oliver,! clerk of the foot company of Salem, certified 
that on 11 : 7 : 1663, they elected Mr. George Gardner as lieuten- 
ant and Mr. Joseph Gardner as ensign. 
Leaded 

■)■ Autograph. 



1663] RECORDS AND FILES 117 

wife of Phillip Veren, Jon. Hill, wheelwright, Mary Kitchin, Mr. 
Needham and Joseph Redknap were convicted. 

Allowed the servants of Mr. Gidneyes house, 7s. 

Mr. Browne's maid was allowed 18d. 

Fined by the WorshipfuU Major Wm. Hathorne: 

John Smith, on 19: 5 : 1663, for breach of the peace in striking 
John Pease. 

Henry Coomes, on 21 : 7 : 1663, for cursing. 

Peeter Stuart, on 8:9: 1663, for stealing and lying. Mr. 
Croad agreed to pay the fine in a month. 

Nicholas Manning acknowledged judgment to Mr. Elias Stile- 
man. 

Court ordered that William Dew, a youth of ten years of age, 
whom Edward Bishop had kept from a child, should dwell, serve 
and abide with said Bishop, after the maimer of an apprentice for 
seven years from Jan. 1 next. 

Jon. Porter, jr., being complained of for rebellious and abusive 
carriages and speeches to his parents, and several evidences being 
produced against him, court ordered him to be committed to the 
goal at Bostone until the next meeting of the Court of Assistants. 

Presentments, dated June 30, 1663, and signed by Charles Gott,* 
in the name of the rest of the grand jury: 

John Burton, jr., Richard Gardner, Samuell Gaskine and his 
wife, John Maston, William Maston, Joseph Boyce, sr., Easter 
and Elizabeth Boyce, for frequent absence from meeting. Wit: 
WiUiam Flint, John Nelle, Thomas Rootes and Anthony Buck- 
stone. 

Robert Gray, for not coming to the public meeting. 

Town of Salem, for defect in the highway near Goodman West's, 
which was Mr. Blackledge's farm. Wit: Silvester Eveleigh and 
William Alline. 

Henery Rhodes, John Ramsden and Tho. Newell were witnesses 
against Mr. Needham and Joseph Rednape for absence from meeting. 

Births, marriages and deaths of Topsfield, returned by John 
Redington,* clerk of the writs: — 

Presilla, wife of John Wiles, died Apr. 16, 1663. 

Ephraim, son of Robert and Mary Smith, was born Oct. 27, 1663. 

Samuell, son of Daniell and Mary Clark, was born Dec. 5, 1663. 

Timothie, son of Thomas and Judeth Dorman, was born Dec. 12, 
1663. 

Phebe, wife of Zacheas Gould, died Sept. 20, 1663. 

* Autograph. 



118 SALEM QUARTERLY COURT [NoV. 

John Wiles and Sarai Averie were married Nov. 23, 1663. 

Births, marriages and deaths of Wenham, returned by Tho. 
Fiske,* cleric: 
Marriages : 

James Freind and Marah Moulton, Dec. 12, 1662. 

William Fiske and Sarah Killim, 15 : 11 : 1662. 

James Moulton and Elizabeth Adams, 10 : 12 : 1662. 
Births: 

Martha, daughter of Richard Huttn, Mar. 30, 1662. 

Samuell, son of Jno. Killim, 1:6: 1662. 

Charles, son of Charles Gott, 7:6: 1662. 

Noah, son of John Fiske, 14 : 9 : 1662. 

David, son of Alexander Maxey, Jan. 2, 1662. 

Jane, daughter of James Elles, 15 : 8 : 1663. 

Sarah, daughter of Charles Gott, 4:11 : 1663. 

WiUiam, son of William Fiske, 30 : 11 : 1663. 
Deaths : 

Josiah, son of Tho. Fiske, 30 : 2 : 1662. 

Amos, son of Tho. Fiske, 12 : 3 : 1662. 

Sarah, daughter of Charles Gott, 14 : 11 : 1663. 

Execution, dated July 6, 1663, against John Bishop to satisfy 
a judgment granted by Salem court, 30 : 4 : 1663, to Mr. Henry 
Greenland, attorney to Mr. Cording, signed by Hillyard Veren,* 
cleric, and returned by Robert Lord,* deputy marshal for Samuell 
Archer,* marshal of Salem, bv attachment of a horse of said 
Bishop's. 

Execution, dated 30 : 4 : 1663, against Thomas Poore, to satisfy 
a judgment granted by Salem court, 30 : 4 : 1663, signed by Hill- 
yard Veren,* clericus, and returned by John (his mark) Aslett, 
constable of Andever, deputy for Samuell Archard,* marshal of 
Salem, by attachment of twenty acres of land in Andever, adjoin- 
ing Marrimak river on the south side of said river about three 
miles from the meeting house and the other eight acres lying about 
one mile off next adjoining some land of Ralph Varnum, which 
twenty-eight acres was appraised at eight pounds. 

Execution, dated July 6, 1663, against Richard Dole to satisfy 
a judgment granted by Salem court, July 1, 1663, to Mr. Henry 
Greenland, signed by Hillyard Veren,* cleric, and returned by 
Robert Lord,* deputy for Samuell Archard,* marshal of Salem. 

Dorithy Cromwell and Abygaile Lord testified, 4:11: 1663, 
that according to a warrant from the Worshipfull Major Wilham 
Hathome, they viewed the body of a child born 3:11: 1663 to 
the wife of John Bly, and found that the bone of each thigh was 
broken. Further that the child was born not above six weeks 
before the full time. 

Joseph Hucinson, aged about thirty years, deposed that the 
widow Reves, servant to Job Swinerton, sr., had not attended 

♦ Autograph. 



1664] records and files 119 

Court held at Ipswich, Mar. 29, 1664. 

Judges: Mr. Bradstreet, Mr. Symonds, Major Genii. Denison 
and Major Hathorne. 

Jury of trials: Thomas Bishop, Comt. John Whipple, William 
Story, Aron Pengry, John Addams, Sam. Plummer, Richard Dole, 
Thomas Hale, William Stickney, John Person, Abraham Jewett 
and William Evans. 

John Meager v. Ossmand Dutch. Slander. For saying that 
he lay with Mary Davis and that he kept her in his cabin all night. 
Verdict for plaintiff. The defendant was to make a pubhc acknow- 
ledgment in the town of Gloster or to pay a fine. 

The court did not accept the verdict.* 

meeting on Lord's day for the past four months. Sworn, 25 : 9 : 1663, 
before Wm. Hathorne.f 

Margeret Heriman testified that John How being at her house 
and having on a scarf,"! said unto her what you have goten a 
scarfe she answered what did not you know that before now and 
to my Apprehension it was silke but I dare not to swere it was." 
Sworn in Ipswich court. May 5, 1663, before Robert Lord,t cleric. 

Deed, dated May 20, 1663, Richard (his mark) Nicholls, to 
Reynold Foster, sr., of Ipswich, for 16s., six-acres of marsh, which 
was granted to said Richard Nicholls of Ipswich, within the bounds 
of Hog Island marshes, commonly so called, and recorded in 
the town book. Wit: Willm. White.f Recorded Jan. 28, 1680 
among the records of lands for Essex in Book 4, p. 378, by Robert 
Lord,! rec. 

*Writ, dated Jan. 16, 1663, signed by Edmund Clarke,t for the 
court, and served by John (his mark) Fich, constable of Gloster. 

Mary Duch, aged about fifteen years, testified that John Meagers 
called to her in the morning before she was up and told her that 
Mary Davis was abed. She arose and went into the new room 
and saw said Mary in Meagers cabin, "my mother beinge out with 
a wooman that was not well and when my mother came home my 
father tolde my mother that John Meagers did tell hime that mary 
davis did knock and call att the doore || last night 1| as though 
shee had ben wilde unto which words my mother asked my father 
whether mary davis did lay there and my father answered that he 
coulde not tell and then I answered I am shuer shee did," etc. 
Sworn, Mar. 14, 1663, before Samuel Symonds.f 

Joseph Ellwell, aged sixteen years next May, deposed that 
Mary Davis told him that John Megus had offered uncleanness to 
her last December, but she refused. He gave her apples at one 
time. He further told her that if she were with child, he would 

t Autograph. 



120 IPSWICH QUARTERLY COURT [Mar. 

Mr. Philip Nelson, executor to Joseph Jewett v. Thomas Wood. 
Debt. Nonsuited. 

John Marshall v. John Rayment. Withdrawn. 

John Raymant v. John Marshall. Debt. Withdrawn. 

Mr. Phillip Nellson v. John Pickerd. Debt. Nonsuited. 

Mr. John Paine v. Mr. Willm. Perkins. Debt. Withdrawn. 

John Godfrey v. Jonathan Singletary. Slander and defama- 
tion. For calling him witch and saying "Is this witch on this 
syde Boston Galloes yet?" Verdict for plaintiff. The defendant 
was to make public acknowledgment at Haverill or to pay a fine.* 

take her to the eastward. Sworn, Mar. 28, 1664, before Samuell 
Symonds.f 

Thomas Jones deposed that Osman Duch told him the story 
and then said it was a jest. He further deposed that the cabin 
of John Meager was one room divided by boards into two. Sworn, 
Jan. 21, 1663, before Samuell Symonds.f 

Thomas Jones testified that Mary Daves cleared John Meager 
of any uncivility to her and said that she never saw him after he 
let her in. 

William Cannon testified that Duch's wife told Mary Daves 
that she might lie there as if she were at home and that her daugh- 
ter should lie with her. 

John Coleman, aged about twenty years, deposed that Mary 
Davis told him that she lay in Meager's cabin, etc. Sworn, Mar. 
29, 1664, before Daniel Denison.f 

Thomas Harvei deposed that being at Mr. Duncan's stage, etc. 
Sworn, Mar, 25, 1664, before Samuel Symonds.f 

Hezekyha Duch, aged about eighteen years, deposed that he 
heard Mary Daves say that she went to deponent's father's house, 
and John Meekers let her in and gave her something to eat. That 
he told her that he would take her to the eastward and marry her. 
Deponent heard John Meekers say that she was out with the Ille 
of Sholes men until midnight, etc. Sworn, Mar. 14, 1663, before 
Samuel Symonds.f 

*Writ, dated Mar. 15, 1663, signed by Anthony Somerby,f for 
the court, and served by Edward Clarke,f constable of Haverill, 
by attachment of four score acres of land near Merrimak river, 
bounded by Thomas Lilford's and widow Satchwel's land, and 
belonging to defendant. 

John Rimmington deposed that "being at the last Court held 

at Ipswich Jonathan Singletary being theare in the Court 

that John Godfery came to him in the when the prisson 

doare was lockt Jonathan, and said now I can speake 

1 Autograph. 



1664] ' RECORDS AND FILES 121 

pay the executions you are in prisson, for you may soon forth, 

and farther Jonathan said before Godfery came thus vnto him & 
spake to him, he heard anoyse & the prisson shake & the lockes & 
doars chattering as if they did open & shutt at his comeing in : 
& alsoe that he see Godferies face as plain in the prisson as he did 
in the Court." Sworn by John Rimington and Edward Yeomans, 
20 : 4 ; 1663, before Simon Bradstreet. Copy made by Hillyard 
Veren,* cleric. 

Jonathan Singletarey, aged about twenty-three years, deposed, 
14 : 12 : 1662, that *'I being in y*^ prizen att Ipswitch this night 
last past Bettwene nine & tenn of y^ clocke att night after y*^ bell 
had runge I being sett in a Corner of y® prizen upon a suden I 
heard a greate Noyese as if maney Cattes had bine Climbeing up 
y® prizen Wales & Skipping into y'' house att y® windows & Jump- 
ping about y'' Chamber And a noyese as | ] if 1 1 boards ends or stooles 
had bine throwne about, & men walkeing in y® Chambers & a 
Crackleing & Shakeing as if y" hous would have falen upon me I 
seing this & Considering what I knew by a young man y* kept att 
my hous, last Indian Haruist & upon som diferanc w**" John 
Godfre he was p''sently severall nights in a strainge maner Troubled 
& Complaineing as he did & upon Consideration of this & other 
things y* I knewe by him I was att p''sent something affrighted 
yett Considering w* I had lattly heard made out by m'' mitchill 
att Cambridg y* ther is mor good in god then there is euell in sin 
& that all though God is y*" greatist good & sin y*" greatest eivell 
yett y** first Being of evell Can nott weare y*^ scales or ouer power 
y- first being of good so Considering y* y^ author of good was of 
greater power Then y*^ athour of evell god was pleazed of his good- 
nes to keepe me From being out of measuer frighted so : this noyese 
aboue sd held as I sopoze about a quarter of an houer & then 
seased & p''sently I heard y® boult of y*^ dore shoott or goe back as 
perfitty to my thinkeing as I did y*^ next morning when y"^ keeper 
Came to unlocke it & i could nott se y® Dore oppen but I saw John 
godfre stand w'-'' in y'' Doore & said : Jonathan Jonathan so I looke- 
ing on him sd what have you to doe with me he sd I com to se you 
are you weary of yo'' place yett I answered I take no delight in 
being here but I will be out as soone As I Can he sd if you will pay 
me in corn you shall Com out I Answ'^ no if y* had bine my intent 
I would have pd y'' marchall and never have Com hither he knock- 
ing of his fist at me in a kind of a threatening way said he would 
make me weary of my partt & so : went away I know not how nor 
which way & as I was walkeing about in y^ prizen I triptt upon a 
stone w**" my heele & tooke it up in my hand ; thinking y* if he cam 
againe I would stricke att him so as I was walkeing about He Caled 
att y*^ window Jonathan sd he if you will pay me corne I will giue 
you two years day & we will com to an agrem* I answered him 
saying why Doe you Com desembUng & playing y^ diuels partt 

♦Autograph. 



122 IPSWICH QUARTERLY COURT [Mar. 

Thomas Lovell v. John Lambert. Trespass. For taking away 
his horse from about Ipswich towns-end, docking, branding him 
and detaining him about fourteen months. Verdict for plaintiff.* 

here youre natteur is nothing but enuie and mahs w* you will vent 
Though to yo' owne loss and you seeke peace w*^ no man I doe nott 
desemble sd he I will give you my hand upon it I am in earnist so : 
he put his hand in att y'^ window and I tooke hould of it w*^ my 
leftt hand & puled him to me & w*'' y^ ston in my right hand I 
thout i strocke him & went to recuoer my hand to stricke againe 
& his hand was gone & I would have strock but ther was 
nothing to stricke & how he went away I know not for I could 
neaither tele when his hand went out of mine nor se which way he 
went."t 

Abraham Whiticker and Edward Yeomans deposed as to the 
conversation between Godfry and Singletary on the street in 
Haverhill. Sworn, Mar. 22, 1663, before Daniel Denison.f 

*Writ, dated Dec. 10, 1663, signed by Robert Lord,| for the 
court, and served by Robert Lord| marshal of Ipswich, by attach- 
ment of six cattle belonging to John Lambert of Rowley. 

Robert Lord, marshal, aged about thirty-one years, deposed 
that he knew Tho. Lovewell's horses very Avell, and especially the 
horse in controversy, which went with his father-in-law Day's and 
deponent's horses two or three summers. He saw this horse last 
summer in the common and also in the common field with a brand 
R, and he made inquiry of Jonath. Plats, who wanted a horse at 
Rowly, and who said that John Lambert had one in their fold, that 
is, Ipswich fold, which he took up last trooper's day of last year at 
Ipswich towns-end, docked and branded him, etc. Sworn in court. 

Thomas Hart, sr., deposed that about Aprill was twelvemonth, 
Thomas Lovell desired him to take notice of his horse, and he saw 
him often that summer in company with Goodman Day's and 
Aaron Pingry's horses, etc. Sworn in court. 

Thomas Day deposed that the horse went with his father's and 
Aaron Pingry's horses. Sworn in court. 

Henry Rilie testified. Sworn in court. 

Johnathan Plats testified that he had oftentimes spoken to John 
Lambert to take away his horse, etc. Sworn in court. 

John Jev/itt deposed that he saw John Lambord lead this horse 
from Ipswich this last winter about two months after Mickellmuse 
toward Rowlay. He also heard Twffard West say that he met 
this horse coming from Rowlay, etc. Sworn in court. 

John Wiett deposed that he heard John Lambart own that he 
took Thomas Lovell's horse and drove him to Rowly in the even- 
ing and branded him with Rowly brand the next morning and 

tShorthand notes on the reverse of this paper, 
J Autograph. 



1664] RECORDS AND FILES 123 

Robert Swan v. John Tod. Trespass. Verdict for plaintiff, 
the title to the land. John Tod acknowledged in court that he 
gave Peckar an order to take corn off the land.* 

drove him to Mr. Dommer's farm beyond Rowly common field; 
also that he let the horse stay out so long that winter that he was 
so poor that he thought he would have died and that Jonathan 
Platts told him if he didn't look after him, he would lose him, etc. 
Sworn in court. 

Ezekel Northend and Andrew Hedden deposed. Sworn in 
court. 

Henery Osborne deposed that he kept the town herd in 1661 
and 1662 and saw the colt almost every day, and that his walk 
was about Turkie hill and Muddy river, etc. Sworn in court. 

John Lovell and Thomas Lovell, jr., deposed that they knew 
their father's horse and that they with their father had been out 
thirty-six days looking for him, etc. Sworn in court. 

John Dresser, sr., deposed that he went with Thomas Lovell to 
John Lambert's house and the latter said that the horse came of 
his bay mare. Lovell said he was mistaken for it came of his 
sorrel mare, etc. Sworn in court. 

James Bayly deposed that he came to Tho. Lovell's and inquired 
of him where he might buy a young horse. The said Thomas said 
he would sell him a horse, for which deponent agreed to pay a pair 
of steers coming three years old and the rest in cotton cloth or 
rugs. Lovell said he would find the horse and asked him to tarry 
a while. Deponent waited about a month and he told deponent 
that he could not find him and he thought he was stolen. Sworn 
in court. 

*Writ: Robert Swan v. John Tod; trespass; for employing 
James Pecker to take away the said Swan's corn from off his land, 
which land was sometimes Ric. Wycoms, adjoining the south side 
of Merimack river which said Swan had of Peter Nash and claim- 
ing it as his, said Tod's land; dated 7:1: 1663; signed by Tho. 
Bradbury,! for the court, and served by William Lawe,t constable 
of Rowley. 

Robert Swan's bill of costs, 51i. 13s. 8d. 

Peter Nashf of Charlestowne, cooper, acknowledged himself 
bound, May 1, 1660, to Richard Wicom of Rowly for 4H. 15s., to 
be paid in corn or cattle. Wit : Philip Nellsonf and John Pickard.f 

Philep Nelsen and John Pikard testified that the deed which 
Peter Nash had of Richard Wikam concerning this land in con- 
troversy was signed and sealed by Richard Wikam. Sworn in court. 

Lieut. Danill Lad deposed that Abraham Whiticker owned to 
him and to Thomas Davis and William Whitt that he had taken 
a false oath. Sworn in court. 

t Autograph. 



124 IPSWICH QUARTERLY COURT [Mar. 

John Mackcalum deposed Jan. 5, 1663, that Robertt Swan did 
plant, fence and hill a piece of land adjoining to Joseph Pike's 
land upon the south side of Merimack river in Rowly bounds. 
Steven Dow testified to the same and also that he helped manure 
the land and later saw a crop of corn upon it. John Griffing de- 
posed that he sowed turnips there. Sworn, 28 : 1 : 1663-4 before 
William White and Henry Palmer, comrs. Copy of commissioners 
records. 

Samuell Brocklebanke testified that one time at John Tod's 
house there was lying upon the table a deed of Richard Wickam's 
Mearimacke land unsigned and sealed. He asked said Tod 
what was the meaning of that writing and he replied that 
he would have Wickam assure the land to him for there was 
nobody who had anything to show for it, and said he "i am 
to pay for it and petter nash hath left all the title that he 
hath to it in my land." He showed deponent the writing 
to Nash, and deponent said "I pray you be carefuU of 
ocationing the ould folks truble for I told him that the land 
was morgaged to Robert Swan by peter nash and he was about 
to sell it to deacon Jewett its noe matter said he petter hath 
noe thing to show for it and I am glad said he that I heare this for 
I had thought to have come to you and the deacon to helpe me to 
get this signed but I will have a care of him if he be about to bye 
it." Sworn in court. 

John Pickard, aged about forty-two years, deposed that about 
the beginning of the year 1660, Richard Wicam gave Peeter Nash 
a deed of the land and received a bill dated May 1, 1660, for the 
payment, etc. Philip Nellson, aged thirty-nine years, testified 
the same. Sworn in court. 

Edward Clarke and Danell Wikam testified that they saw the 

deed passed at Goodman Tod's house at Rowly, etc. Sworn in 

court. 

Edward Clark further testified that he saw Peeter Nash tear 

the deed. Sworn in court. 

Richard Holms, aged about fifty-three years, deposed that he 

was with Daniel Ela at John Tod's about Mar. 11, 1662, and that 

Peter Nash said that the deed was burned, and also that Wikam 

would have two pair of shoes, one for his lad and one for himself, 

etc. Sworn in court. 

Daniell Ela deposed that on Mar. 10, 1662, Peter Nash delivered 

the land to Robert Swan by turf and twig with these words, "I 

deliver you this in part of the whol lott" and showed him the 

bound trees. Sworn in court. 

Philip Brown, aged seventeen years, deposed that the land was 

near the land of John Griffin, etc. Sworn in court. 

Danill Wikam, son of Richard Wikam, testified that he went 

with Goodman Tod to his father's to see that said Tod did him 

no harm and Ezekill Northin and Antony Astine were there also. 



1664] RECORDS AND FILES 125 

Henry Russell v. Clement Hudley. Debt. Defendant for- 
feited his bond for non-appearance. 

Thomas Clarke v. Mr. Thomas Andrews, administrator of Corp- 
John Andrews' estate. Debt. Verdict for plaintiff.* 

John Gould v. John Tod. Trespass. Upon a replevin. Ver- 
dict for plaintiff, t 

Goodman Tod showed deponent's father and mother a deed of 
the land which he said he had been speaking to his said mother 
about. Deponent's father said that Peeter Nash should have had 
the land if he had paid anything for it, but he had not, and said 
Wikam agreed to let Tod have it for a pair of steers for himself 
and another pair for his son John. Then the deed was signed by 
his mother and father, who were both in their senses, although 
they never had skill in the law. Ezeakill Northen testified to the 
substance of the same. Sworn in court. 

John Tod deposed, Jan. 5, 1663, that he heard James Pecker 
say that he had gathered the corn that grew upon deponent's 
land. Sworn, 28 : 1 : 1663-4, before William White and Henry 
Palmer, comrs. Copy of commissioners' records. 

Anthony Crosbie testified that John Tod told him he had 
burned the deed but later had a firm deed made from Richard 
Wickam and his wife. About that time several reported that 
Richard was so weak that he knew not what he did. Sworn in 
court. 

Daniel Ela, aged about thirty years, deposed that he conducted 
the business for Robert Swan. That he heard that Wickam had 
been distracted of late which was a common report in Rowley, etc. 
Sworn in court. 

John Johnson, constable of Haverhill in 1662, deposed as to 
serving an attachment, etc. Sworn, Mar. 24, 1663, before Daniel 
Denison.J 

*Writ: Thomas Clarke, sr., v. Thomas Andreus, administrator 
of the estate of Corpll. John Andrews; dated ]Mar. 21, 1663; sign- 
ed by Robert Lord,! for the court; and served by Robert Lord.t 
marshal of Ipswich. 

On Apr. 21, 1659, John A[ndrews]| acknowledged a debt of 31i. 
5s. 6d. to Thomas Clarke of Ipswich. Wit: Theophilus WilsonJ 
and William Buckly.| 

tWrit of replevin for a brindle steer of John Gould's distrained 
by John Tod, dated Feb. 23, 1663, signed by John Redington,t 
for the court, and served by constable of Topsfeild. 

Richard Oliver deposed that he was with John Tod when he 
distrained Zacheas Gould and his son John Gould for Rowly 
rates and at the same time he distrained a steer of said Gould's the 

{Autograph. 



126 IPSWICH QUARTERLY COURT [Mar. 

Robert Andrews v, John Tod. Trespass. Upon a replevin. 
Withdrawn. 

Richard Kent v. Lieft. John Pike, attorney for the town of New- 
bury. Appeal from the commissioners of Newbery. Verdict for 
plaintiff, the former judgment reversed.* 

latter promising to keep it for Tod, who was to pay for wintering 
it. Sworn in court. 

John Pickard and Ezekiell Northend testified that "the dwell- 
ing house in which goodman gould liveth is within the bounds of 
the towne of Rowley severall scores of Rods." Sworn in court. 

Danell Gierke testified that John Gould bought a brindle bull 
calf of him for himself, etc. Sworn in court. 

John Robinson deposed that the steer belonged to John Gould 
when distrained. Sworn in court. 

Willam Evenes deposed. 

*Richard Kent's bills of costs. Hi. 7s. and 21i. 4s. 6d. 

Copy of the records of the commissioners' court for ending 
small causes in Newbury, Feb. 10, 1663, Mr. Edward Woodman, 
Capt. William Gerish and Nicholas Noyes being commissioners : 

Summons to Leift. Pike, Henry Short, Archelaus Woodman and 
John Merrill to answer the complaint of Abraham Merrill and 
Francis Brown, partners for keeping the dry herd over Artechoke, 
for not performing a covenant in 1659 about keeping the herd, 
dated Feb. 10, 1663 and signed by Anthony Somerby,t for the 
court. The action entered, 

Abraham Merrill and John Kelly deposed. The latter, aged 
twenty-one years, deposed that in the year 1659, there were upon 
the town's common eight horses of Richard Kent's, which were 
driven up and brought down by the herdsmen; also a mare and 
colt belonging to Robert Adams, three horses or horse kind of 
Richard Tharlayes, three horses of John Chater and one of Peter 
Morse. Sworn in court. Copy made by Anthony Somerby.f 

Articles of agreement, dated Mar. 25, 1659, between Henry 
Short, Leift. Pike, Archelaus Woodman and John Merrill, in be- 
half of the town, and Francis Browne and Abraham Merrill, 
partners, that the latter were to keep the dry herd over Artechoke, 
to herd them, pen them up every night for about three weeks at 
their first driving up and bring them from the pound about May 
10 next, one man constantly giving his time to them all the year 
after, until they are brought down again. Every man was to 
deliver his cattle to the said herdsmen, who were to make up the 
hedge between this and the said time, the farmer's cattle as well, 
John Chater's and Edward Philps as the others, also those in the 
neck shall pay as well as others. The price paid to the herdsmen 

t Autograph. 



1664] RECORDS AND FILES 127 

by the town was to be twenty-two pence for every beast, the herds- 
men to make the hedge sufficient for the year, receiving pay ther- 
for in wheat, barley, rye, and Indian corn to be paid before Dec. 
31. Also for horses, mares and colts driven up and brought down 
again, they were to receive pay of twenty-two pence per head in 
like pay, and to do their utmost to bring down cattle and horses 
when men desired it. Court found for the plaintiff. Copy made 
by Anthony Somerby.* 

Summons to Richard Kent to answer the complaint of the 
selectmen at the ordinary for not paying for his horses that went 
on the dry herd commons, dated Feb. 10, 1663, signed by Anthony 
Somerby,* for the court. 

Leift. Pike, Abraham Tappan, John Baily and Richard Dole, 
selectmen v. Richard Kent. 

The herdsmen's covenant: Agreed, May 14, 1663, between the 
selectmen and William Neph, that the latter "is to spend his whole 
time this somer, and to do his utmost endeavour to keep up the 
Townes dry cattell and horses out of the Cow comons, and to 
search the severall Comons as there shalbe need, to cleare the dry 
cattell and horses out of the same, and also the hedg being first 
amended, the said william is to amend such gapps as he shall find 
in the hedge and thus to continue so long as the select men shall 
see meet, and when they shall appoint he shall bring downe all 
the cattell & horses also the first time it is agreed that the said 
cattell shalbe brought unto their places, for the said william to 
take them at Grauell Hill, at the pound, at John Bartlets barne 
& at Goodman Pilsbury where the said william is to attend & to 
drive them up. And the said william is to have for his labour 
fifteen shillings p'' weeke one halfe in english come and the other 
halfe in Indian. The which the said William is to demand it of 
the severall persons which are the owners of the cattell at the end 
of the time, and if it be not ready he is to appoint them where to 
pay it in the Towne, as at Abraham Tappans & Richard Doles 
houses, within ten days following and if payment be not made, 
the said wiUiam is to sue the said owners that do not pay, and the 
selectmen is to assist him in it what is meet." Copy made by 
Anthony Somerby.* 

Samuell Lowle, aged nineteen years, deposed that there were 
eight or nine horses or horse kind at Plumb Island which were 
called Goodman Kent's and that three stayed there till after wheat 
harvest and the rest were over Artechoke. Sworn in court. 

William Neph, aged twenty-four years, testified that nine horses 
of Richard Kent's went up in the upper commons over Artechoke. 
Sworn in court. 

The invoice of the town's estate for the country rate and that 
of the herdsman's rate gave the number of Richard Kent's horses 
the same. 

* Autograph. 



128 IPSWICH QUARTERLY COURT [Mar. 

Kent pleaded in his defense that horses were not herdable 
cattle. 

Verdict for plaintiff. Appealed to the next Ipswich court. 
Copy made by Anthony Somerby,* clerk of the commissioners. 

Copy of the records of the commissioners' court for ending small 
causes in Newbury, Mar. 2, 1663: — 

Summons to Richard Kent to answer the complaint of the select- 
men of Newbury at the ordinary for not paying for his horses in 
the dry herd commons in the year 1659, dated Feb. 24, 1663 and 
signed by Anthony Somerby.* The action entered. 

Abraham Merrill and John Kelly deposed. 

Richard Kent pleaded that the commissioners were not meet 
judges. Verdict for plaintiff. Appealed. Copy made by An- 
thony Somerby.* 

In answer to Richard Kent's plea of defense in both actions, the 
commissioners acted upon the General Court's order, giving power 
to towns to order their prudentials, and the town giving power to 
the selectmen, as appears in their instructions which is in relation 
to the herds. They have power to order the herds as they shall 
see best. The selectmen's order, dated May 14, 1663, follows: — 
That all the dry cattle, except working oxen and yearlings, shall 
be driven up out of the cow commons, under penalty of 12d. per 
head, by the twenty-second of May, and that the owners of the 
said cattle shall bring them to the place appointed in the morning ; 
also all the horses that are not constantly worked shall likeAvise 
be cleared out of the cow commons under penalty of 2s. 4d. per 
head to any freeholder who impounds them and that all such 
horses, mares and geldings that have taken into anj- man's ground 
shall be continually clogged or fettered under penalty of five 
shillings per head to any free-holder that impounds them from any 
of the cow commons near the town. And that all such cattle and 
horses that go in any part of the town's commons shall be liable to 
pay to the keeper that is employed about the dry herd. And 
considering the great necessity of horses being kept out of the cow 
commons as w^ell for security of corn as otherwise, etc. 

Leift. John Pike testified that Richard Kent owned that he had 
ten horses upon the town common. Copy from the commissioners' 
book made by Anthony Somerby.* 

Copy taken from the town book of Newbury by Anthony Som- 
erby,* clerk: — On May 7, 1659, the selectmen considering the great 
oppression of the cow commons by horses, mares, yearling colts 
and dry cattle that are not driven into the dry herd commons, 
it was ordered that all inhabitants having more than one horse 
or mare shall drive their yearling colts and dry cattle into the dry 
herd commons within three days after the publication hereof upon 
penalty of 5s. a beast to be levied by the hayward or constable; 
and if not cleared after three days more, the like fine to be levied, 

* A utograph . 



1664] RECORDS AND FILES 129 

and so from time to time all summer, except such cattle as have 
been delivered to the herdsman, which upon warning given, the 
herdsman shall fetch away; and all such horses that are unruly 
shall be fettered and if they are not fettered and do damage to 
their neighbors, their owners shall pay five shillings for every such 
damage. 

Copy of the selectmen's order, dated May 14, 1663, taken out 
of the town book by Anthony Somerby.* 

Richard Kent's reasons of appeal given in to the clerk of the 
commissioners, and copied by Anthony Somerby,* clerk: — 

In the first action, he conceived that horses were not herdable 
cattle; that the selectmen had not the power to make the owners 
of horses that go in the dry herd commons pay to the hersdman 
that keeps the dry herd; and that he knew no precedent in the 
country. 

In the second action, because the same action was tried between 
the herdsmen and the selectmen in behalf of the town in order, as 
he supposed, to raise charges upon him; that the commissioners 
passed a judgment against him in a cause he refused to answer to, 
he not being bound to answer it, nor were any of his goods attached; 
and the commissioners seemed partners in the case. 

John Pike's* answer, in behalf of the town of Newbery, to 
Richard Kent's reasons: In the first action, to the reason that 
horses are not herdable cattle, he answered that they are as herd- 
able as other cattle which means that they shall be driven up above 
the hedge out of the cow commons for the public good, that horses 
are most damaging both to the feed of the cows and the corn 
fields and meadows, all of which must be preserved for the liveli- 
hood of the town. To the reason that the selectmen have no 
power, he answered that they are following the instructions of 
the General Court, that the town had given them power to use 
their own discretion and that their agreements were rational and 
prudent measures. To the reason that there was no precedent, 
he answered that it was not the business of the selectmen to seek 
the country for precedents for ordering the horses that feed upon 
their commons, "yet nevertheless Richard Kent & all that are 
Concerned maye please to under stande, that wee are Informed 
that Charlstowne have proceeded in like maner Concerning their 
horses." In the second action, to the reason that the same action 
was tried before, he answered that they were two distinct actions, 
the herdsmen suing the selectmen in one and the selectmen suing 
Richard Kent in the other; that the herdsmen sued for breach of 
covenant and Richard Kent was sued for only what was due for 
his horses and not other men's; that they had not raised the 
charge of that action upon said Kent, although they intend to do 
so for a part of it in due time. To the second reason, that he was 
not bound to answer, his goods not being attached, he answered 

*Autograph. 



130 IPSWICH QUARTERLY COURT [Mar. 

Richard Kent v. Lieft. John Pike, attorney for the town of 
Newbury. Appeal from the commissioners of Newbury. Verdict 
for defendant. Court did not accept this verdict. 

Peeter Tappan v. Daniell Pearce. For taking and carrying 
away part of the barley that grew upon the land said Peeter hired 
of Daniell Pearce, jr. Verdict for plaintiff, thirty-six bushels of 
malt or barley or nine pounds in equivalent pay.* 

that he did join issue as appeared by his pleas of defence, and pro- 
bably said all he was able to say, and as for not being attached ''I 
had thought Rich. Kent had binn more Ingenious then to make 
such a use of his neighbours lennity toward him." To the reason 
that the commissioners seemed to be parties, he answered ''that 
was but his misapp'^hention, for, first they weare neither plaintif 
nor defendant, 21y they weare noe waye lieable either to profitt or 
loss by the Case, Sly noe relation nor law, nor reason, that I know 
of doth either make them pties, or disable 1 1 or hinder 1 1 them from 
being meet & Competent Judges, they being sworn to doe Justice." 

*Writ, dated Mar, 22, 1663-4, signed by Anthony Somerby,t for 
the court, and served by Steven Grenlef,t constable of Newbury. 

Peter Topan's bill of cost, 51i. lOd. 

Samuell Lowle deposed that he told Peter Topan that the cattle 
were in his barley and he asked if they had done much harm. 
Deponent told him that he was to have a brave crop of barley and 
asked him what he was to give an acre. He told deponent that 
he could not tell, that he was to have the ground as it proved. 
Sworn in court. 

Robert (his mark) Beetle testified that Daniell Pearce, jr., and 
himself were discoursing about land, and deponent desired to hire 
some of him near Cole harbor toward Noyse's field. He told de- 
ponent that he could not let him have that because Peter Tapan 
was about to hire it, only as yet they had not agreed, for Peter 
had offered him but 15s. per acre and he asked 16s. At last de- 
ponent hired two acres of land in another place and enjoyed it 
peaceably. Sworn in court. 

Nathaniell Clarke testified that he heard Daniel Peirce, sr., say 
that they had planted the barley and that he had gotten about 
half. Sworn in court. 

Willim Law testified that Daniell Pearce, sr., told him that he 
had given all his business into the hands of Danell Pearc, jr., and 
said that he meddled with nothing. Sworn in court. 

Robert Morsef deposed that he asked Daniell Pearse, jr., why 
he did not sow English grain upon that two acres, which he might 
safely tend himself, and he said that he let Peeter Toppan have 
seed barley, that he could not sow the ground unless he had it. 

t Autograph. 



1664] RECORDS AND FILES 131 

John Gould v. Daniell Black and Faith, his wife. For slan- 
derous words. Withdrawn. 

Mr. Symon Bradstreet v. Rich. Sutten. Trespass. For kill- 
ing or unjustly procuring the death of a mare of his this last winter. 

Further that the elder Pearse gave his son Daniell power to act 
for him when he went to Cape Faire, and that deponent hired two 
acres of said Daniell to plant Indian. Sworn in court. 

Samuel Lowle* and Thomas Hoyt* deposed that when Tappin 
was mowing the barley he went to Danill Pearce, jr., and tried to 
settle, but Pearce said that his father was now at home and he 
had nothing to do with it. Sworn in court. 

Tristram Coffin, aged about thirty-two years, testified that 
Daniell Pars said he made no bargain with Topan but that it was 
conditional. Deponent heard farmer Pares say, at the latter's 
house, that Topan would have given but ten shillings per acre, 
and his wife said that Danill was resolved to get 16s. per acre for 
it. Sworn in court. 

John WooUcot* deposed that Petter Tapin was sowing barley 
upon Goodman Noyce's ground and deponent asked him if that 
was his ground and he answered that it was not but he and his 
father had hired it to sow barley on. Deponent told him that he 
thought it was not common to let ground except for planting, and 
he answered that it was, for he and his father had also hired two 
acres of Daniell Pearce to sow with barley. He said he was to 
pay for it as it did prove, that is, it might be worth ten shillings 
and it might be worth twenty shillings, and they would halve it. 
Sworn in court. 

Henry Jaques,* aged about forty-five years, deposed. Sworn 
in court. 

Nathanell Clarke deposed that he went to Danell Pearse, sr., 
to hire the living which was formerly his wife's and he told him 
to go to his son, etc. Thomas Knoulton, jr., deposed the same. 
Sworn in court. 

Borsha (her mark) Knight and WilUam Harris, her man, deposed 
that Petter Tappen and others were in their house, etc. Sworn 
in court. 

John Bartlet, sr.,* of Newbury, deposed that he was at Mr. 
Perce's house a little before he went to Cape Feare, and desired 
to have two or three bushels of rye, etc., and while deponent was 
there, a man came from Salisbury to borrow a yoke of oxen of 
said Perce, and he referred all to Daniell, jr. Sworn in court. 

Nathaniell Wier* deposed that he hired land of Daniell Perse, 
jr., etc. Sworn in court. 

Shusan Topan, wife of Abr. Toppan, sr., deposed that the wife 
of Daniell Pearce, sr., told her, and her son Peter's wife Jane, that 

* Autograph. 



132 IPSWICH QUARTERLY COURT [Mar. 

Jury brought in a special verdict and the bench found for the 
plaintiff.* 



said Daniell and his wife walking together in the field after his 
return from Cape Fare, the latter told her husband that the land 
was let to Peter Topan. To this Daniell, sr., replied that he 
should never have it. His wife said, "Why husbande If he hath 
hired it it is fit he should have it he Answered he shall never have 
it." Sworn in court. 

Abraham Toppan, sr., and Shusan, his wife, deposed that they 
heard the bargain made between their son Peter and Daniell 
Pearce, jr., etc. Jane Toppanf testified to the same. Sworn in 
court. 

Percivall Lowle deposed. Sworn in court. 
Daniell Peirce deposed that Topan said he would get one bushel 
of barley from his father, but he did not bring it and deponent 
sent his boy for it. 

Thomas Knouelton, Willam Dowing and John Gould deposed. 
Abraham Toppan, sr., deposed that his son Peter had forty- 
four bushels of barley from that land. Abraham Topan, jr., 
testified the same. The latter also testified that Daniell Pearce, 
sr., came upon the land with a cart and two oxen, Joshua Pearce 
being with him, and carried away two loads of the barley, and 
Daniell, jr., and Benjamin Lowle carried away one load, all of 
which was half of the crop, as it was made up into cocks. Sworn 
in court. 

*Writ, dated 19 : 1 : 1663, signed by Edmond Fawkner,t for 
the court, and served by George Abbott, sr.,t constable of Andover, 
by attachment of two oxen and a cow of defendant. 

Tho. Abot, aged twenty-six years, deposed that being at the 
house of Richard Sutton the night the mare was killed, he heard 
a dog or dogs barking at horses in his yard, and when he went 
away he saw Goodman Sutton come out of his house and go into 
his yard and set the dogs on. After that he heard a ratling noise 
which he supposed was of the horses which he saw in the yard, 
and in a little while the dogs stopped barking and after that he 
heard a strange cry of a creature. Further he said that the next 
day Sutton told him that Mr. Bradstreet said that Sutton killed 
his mare, but it was not true, but that the dogs pulled her down 
once in the yard and Sutton beat them off, then they pulled her 
down again in Mr. Dane's yard and he could prove that Mr. 
Dane's and Mr. Bradstreet's dogs killed her. Deponent further 
testified that he had seen Mr. Bradstreet's horses in Goodman 
Sutton's yard eating up his cattle's fodder and had heard him 
call Mr. Dane's dog and set him ort, but never could see him fasten 
on any of the horses. Further that said Sutton's yard had been 

t Autograph. 



1664] RECORDS AND FILES 133 

Mr. Robert Paine, treasurer, assignee of Rich. Cordin v. Joseph 
Mussye. Debt. Verdict for plaintiff.* 

open all the winter to his lot and his lot to the street and the com- 
mon. Sworn, 21 : 1 : 1663, before Simon Bradstreete.f 

Nathaniel Ayers deposed that Archard Sutton told him that he 
struck a dog for fear he would kill one of the horses, etc. Sworn, 
28 : 1 : 1664, before Simon Bradstreete.f 

Special verdict: ''Wee Finde a Mare of M' Bradstreets kiled 
As allsoe a Track of Blood from The place wher shee was killed 
To M"" Deans Orchard Rails, & her Track Thorow m^ Deanes 
orchard To Suttons yard, we find allsoe That Ther were sever all 
wounds in her, w''^ was Likly to be don by some Instrument, Either 
knife or y" Like, we allsoe Find That That mare was in his yard 
That night, and That he The s<^ Suton set the dog or doggs on The 
Horses That were in the yard That Night that she was killed 
Allsoe we Find That before This Time y« s'^ Sutton have Threatned 
M'' Bradstreets Horses; and said, he would make some of Them 
Come short home & another Time following M'' Bradstreets mare 
said hee had That in his hand w'^'^ would speed her iff hee Could 
have Come Att her." 

*Writ: Robert Paine, treasurer v. Joseph Mussye; debt; 
assigned to him by Richard Cordin in part payment of fine; dated 
Feb. 19, 1663; signed by Robert Lord,t for the court; and served 
by Robert Lord,t marshal of Ipswich, by attachment of land of 
defendant. 

Joseph Muzzey'st letter of attorney, dated Mar. 29, 1664, to 
Hugh March in the suit of Mr. Robert Paine, sr., against him. 
Wit: James (his mark) Mirak and Wm. Thomas.f 

Rich. Cording'sf receipt in full from the beginning of the world, 
dated Feb. 27, 1662, to Joseph Muzzey. Wit: Wm. Thomasf 
and James (his mark) Merricke. 

On Mar. 5, 1662, Rich. Cordingf assigned a bill to Henry Green- 
land. Wit: Richard Shatswell,t Humphery Willsonf and Edward 

Colcord.t 

On Apr. 8, 1662, Hen. Greenlandf returned this bill to Richard 
Cordin. Wit: Henery Archerf and Richard Shatswell.f On the 
same day Rich. Cordingf assigned it to Mr. Robert Paine. Wit: 
Henery Archerf and Richard Shatswell.f 

Bond, dated Feb. 26, 1663, Joseph Muzzeyf of Nebary to Rich. 
Cording. Wit: Wm. Thomasf and James (his mark) Merrick. 

Richard Cordinge, debtor, Jan. 16, 1661, to a note charged upon 
Mr. Todd, £2; to Thomas Harris p. my note, 12s. 6d.; March, 
to James Chewte, £1; March 10, to Thomas Harris, 10s.; total, 
£4 2s. 6d. Creditor, June 20, by profit and loss for a bill of mine, 
£4; by 1 Knob bitt, 2s. 6d.; total, £4 2s. 6d. 

t Autograph. t Autograph and seal. 



134 IPSWICH QUARTERLY COURT [Mar. 

Barshua (her mark) Knight, aged about forty years, deposed 
that the last year about the time when it was said that Mr. Cord- 
ing had received a bill of Joseph Muzzey, deponent asked Mr. 
Cording why he did so trouble Joseph Muzzey as to get away his 
means from him in such a way. Mr. Cording rephed "Joseph 
have spoaken foolishly to my disparidgement. But for his part 
he did not intend to have a penny from him, I said Joseph do use to 
speake foolishly when he intends no harme I thinke to none, but 
thereby did himselfe iniury said m'" Cording I never had any thing 
to do w*^ him but once & he paid mee honestly & what there is now 
betweene us of matter of difference I have or I will for your sackes 
freely forgive him all and will not have a penny of him & so gave 
us his hand upon itt M'' Cording spake to vs as if he did but intend 
to frite him a little in doing what he had done." Sworn in court. 

John Knight, jr.,* deposed. His wife mentioned. Sworn, 
Mar. 28, 1664, before Samuel Symonds.* 

John Willcott deposed that Josefe Mossie told him that he 
hoped he should never have to pay the bill of ten pounds which 
he gave to Mr. Cording, etc. Sworn in court. 

Wm. Thomas* deposed that he believed that Joseph Muzzey 
was so affrighted with Mr. Cording's threatening and great words 
that Joseph was hardly himself when he put his hand to the bill 
of Mr. Cording. 

James Merrick deposed that Mussye asked Cording to give 
him an acquittance that he might not sue him again for slander, 
to which Cording consented, and told him that he would burn the 
acquittance and the bond, etc. Sworn in court. 

James (his mark) Merrick testified that on Feb. 26, 1662, Mr. 
Cording being in Mr. Thomas' house "in the Rome where I doe 
now dwell, and desireing to speak with Joseph Muzzey, he sent 
Iserell webster to desire Joseph Muzzey to come downe to m'' 
Thomases house that he might spake with him, about sunsett 
Joseph Muzzey being come downe, desired to know what m"" Cord- 
ings buisenes was with him: Cording giveing him many Revileing 
and threatning speeches sayd; j^ou Rogue you shall know: you 
have abused me and taken away my Reputation, which I vallew 
at a thousand pound for I am a Gentleman and live by my practice 
Joseph Muzzey Replyed; wherin have I taken away your Reput- 
tation? I am Innocent herein. Mr. Cording Replyed you have 
Reported I was naught with Sarah miricke and the Report of it 
is at Ipswitch; and m'' Cobett told me that one Joseph Muzzey of 
newberey did thus Report of me, and that m'' Symonds did tell 
him the same, and that they were much greived to heare of this 
miscarriage So soneafter that about goodey Roffe Joseph Muzzey 
Answered . that he never reported any such thing of him. Where- 
upon Cording Reade an attachment to the vallew of five hundred 
pounds to him, to Answer his Complaint at Ipswitch Court for 

* Autograph. 



1664] RECORDS AND FILES 135 

Mr. Robert Paine, treasurer, assignee of Rich. Cordin v. Mr. 
Peeter Duncan. Debt. Verdict for defendant.* 

Mr. Philip Nelson v. John Woolcott. For lOOli. forfeited by 
non-performance of a covenant. Nonsuited. 

Mr. Philip Nellson v. Pickard. Debt. Nonsuited. 

Peeter Nash v. Edward Clark. Withdrawn. 

John Layton was sworn constable of Ipswich, William Chand- 
lour for Newbury and Isaack Estow for Topsfield. 

John Sorlah, Richard Longhorne, Mr. Moses Mavericke, Moses 
Pengry and Mr. Baker had their licenses renewed for a year. 

Andrew Peeters had his license renewed and to sell by the quart. 

Abraham Perkins was Ucensed to still and sell by the quart. 

John Clemants was licensed to keep an ordinary at Marblehead 
for a year. 

Thomas Barnes of Salem, dying intestate, Mary Barnes, his 
widow, was appointed administratrix of the estate, and ordered 
to bring in an inventory to the next Salem court. 

Robert Rogers, dying intestate, Susanah Rogers, his widow, was 
appointed administratrix of the estate, and ordered to bring in 
an inventory to the next Salem court. 

Mr. John Gardner, administrator of the estate of John Comings, 

saying he Commited vncleanesse with Sarah Miricke Joseph 
mussey Replyd I never reported any such thing in my life; Cording 
Replyed you lye, like a Rogue for you did and I can prove it, by 
two wittneses upon oath, therefore if you doe not compound 
with me I -will Carrj^ the Attacchment to the Constable and he 
shall serve it upon your estate and person this night || to 1| the 
vallew of five hundred pounds And I will sease upon all that you 
have locke up your dore and take away the keye and you shall 
not have the use of any thing you have and so I will Carrey you 
to prisson and Furthermore Rich. Cording sayd that major Denis- 
son told him that if Joseph mussey Came to the Court about this 
buisnese he should be severely whipte and this did so much terrific 
Joseph Muzzey that drew him into this snare aboutt the bill now 
in Controversy together with other Threatnings." Sworn in court. 

Isrell Webster deposed. Mar. 28, 1664, that Cording said to 
Joseph Muzzy, "Sirrah If I had you in France or in Spaine I wold 
take another Course \\ath you. These threatnings did take much 
impression upon Joseph Muzzey as might appeare by his Counten- 
ance which did much terrifie him with feare." Sworn in court. 

*Bond of Peter Duncanf of Gloster, gentleman, dated June 29, 
1662, to Richard Cording for four pounds. Wit: Samuell Epps.f 

t Autograph. 



136 IPSWICH QUARTERLY COURT [Mar. 

presented an inventory amounting to 471i. 14s. 6d. Court ordered 
him to pay the debts and to keep the rest of the estate until the 
court take further order. 

George Fraile of Lynn, dying intestate, Elizabeth Fraile, his 
widow, was appointed administratrix of the estate. An inventory 
amounting to 1841i. 14s. was bought into court. Said Fraile left 
one son and four daughters. Court ordered that the son have 
401i. and the daughters 201i. each at age or marriage. 

William Beard, dying intestate, John Devrix was appointed 
administrator of the estate and ordered to bring in an inventory 
to the next Salem court. 

Sarah Smith came into court and chose Daniell Wickam, her 
brother-in-law, as her guardian. The latter was bound to pay 
said Sarah her portion when it was due. 

Mr. Epps undertook to pay the charges for his servants, George 
Stimson, John Bevour and John Palmer, that the court had ordered 

Mr. Georg Corwin, having paid lOli. to John Woolcott about 
the bridge at Newbury, was discharged of the lOli. he engaged to 
pay for Joseph Dalaver's fine. 

This bill was assigned to Mr. Robert Paine, on Apr. 6, 1663, by 
Rich. Cording.* Wit: Theophilus Wilson* and Simon Stace.* 

Martha Harris, aged about thirty-five or thirty-six years, de- 
posed that Mr. Duncan paid her 22s. 6d. for Mr. Cording, and the 
latter acknowledged that he was fully satisfied. Cording also 
told deponent that whenever she would call for Mr. Duncan's 
bill, he would deliver it to deponent and this was before the im- 
prisonment. Of this money, 12s. 6d. was paid a good while before 
he went in to the prison. She left 10s. of it in Mr. Duncan's 
hands for such things as she had occasion for, etc. Hanah Gallop, 
aged about seventeen or eighteen years, deposed the same. Sworn 
in court. 

John Tod testified that Mr. Cordin received of him 39s. 6d. for 
which sum Mr. Cordine said that his bill that he had of Mr. 
Dunckcone was as good to him as money. Deponent paid that 
amount for Mr. Dunkane to Mr. Cordin, etc. Sworn in court. 

James Chute deposed that Mr. Cording gave him a note to Mr. 
Peter Duncun for him to pay deponent 20s. before said Cording 
was committed to Ipswich goal, which was done, Cording saying 
that it was in part of Mr. Duncan's bill. Deponent asked Mr. 
Cording to write a note to Mr. Duncan to pay Martha Harris a 
debt which said Cording owed her, which was for fourteen or 
fifteen shillings, etc. Sworn in court. 

* Autograph. 



1664] RECORDS AND FILES 137 

William Sergent, Edmond Gierke, Thomas Millett and Jacob 
Davis of Gloster, and John Redington, Thomas Perkings and 
Edmond Towne of Topsfield and Thomas Newman of Ipswich 
were made free. 

John Cooke was ordered to be whipped for his great misdemeanor 
at the meeting house in the time of ordinance.* 

John Meager and Mary Davis were admonished about the 
criminal part of their charge and were ordered to pay costs to 
Ossmund Dutch. f 

Joseph Trumble came into court and chose his brother, John 
Trumble, as his guardian. The latter was bound to pay said 
Joseph his portion when it was due. 



*Winiam Tompson deposed concerning John Cooke's offence. 
Sworn in court. 

fHanna Verry, aged about twelve years, deposed that she was 
at Goodman Prince's house when his wife lay in, Mary Davis being 
her nurse, and Goodman Prince at that time was at deponent's 
father's house, Thomas Verry's. Goodwife Prince desired her 
husband to be sent for and deponent went with Mary Davis, it 
being very late in the night, about eleven or twelve o'clock, and 
when Mary returned instead of going home, she desired her to go 
in the opposite direction to Goodman Duche's house. Deponent 
said that she must go home and go to bed, but Mary told her that 
she would go back with her. Said Mary knocked and called at 
the door, and Goodman Duch did not make any answer, but John 
Meagers asked who w\as there. Mary answered "a maide." Then 
Meagers came to the door and whispered a while with her and Mary 
pushed deponent away and went into the new room. Deponent 
stood at the door and called to Mary to go home with her but the lat- 
ter said she would stay with Mary Duch, so Hanna went home alone. 

Osmond Dutch deposed, Jan. 19, 1663, that his daughter Mary 
saw Mary Davis in John Megus' bed in the morning, and that 
Megus told deponent that he went into his other cabin. Sworn 
before Samuel Symonds.J 

On Jan. 21, 1663, John Megus was bound for appearance at 
Ipswich court, Wilham Canning, surety, and John Davis was 
bound for his daughter Mary Davis' appearance before Samuel 

Symonds.t 

Grace Duch, aged about fifty years, testified that she was called 
in the night to a woman who was not well and when she came home 
in the morning, her husband told her what had happened. Meager 
said he wondered that his landlady Duch did not hear Mary Davis, 
etc. The latter had been around with the ''Showlers" that night. 

|Autograph. 



138 IPSWICH QUARTERLY COURT [Mar. 

Zacheous Curtice, for whipping the daughter of George Hadley, 
was sentenced to be whipped and pay costs.* 

Court having been informed that Mr. Goose died many years 
ago and that there was no will found or proved, nor administration 
granted, and that Mrs. Goose was distracted and not able to provide 
for herself, the town of Salem having been at great expense to 
support her for several years, administration upon the estate was 
granted to the selectmen of Salem. They were ordered to bring 
in an inventory of the estate of William Goose, deceased, to the 
next Salem court, with a bill of the charges for Mrs. Goose. 

John Millington was sentenced to be whipped or pay a fine of 
lOli. for his great misdemeanor, and also to be bound to good be- 
havior. John Gould agreed to pay the fine. Millington was 
bound in 201i., John Gould and Daniell Clarke, sureties.f 

Meager continually jested about it, but Goodman Duch told him 
he might be presented for it, etc. 

*Complaint of Mary Hadly against Zacheus Curtious : "My 
unkell sent me to a feelld of corne to see whether theare was any 
cattil in it about halfe amile of it was: and when I was goone by 
Thomas baucrs hous where Zacheus curtious was and he folowed 
me and ouertoock me and he had a rod and he whipt me with that 
and then he let me gooe and pulede another rod and he over tock 
me agayne and whipt me with the 2 rod with my feet under his 
armes and my head on the ground and then he let me gooe and 
gathered two rods and ouertwoke me and mad me pull of my cots 
and whipt me with both them rods the thurd time and then he let 
me gooe agayne and got another rod and whyp me with that rod 
also which was the fifhth rod and then he bid me gooe and dress 
my selfe but afore he whipt me the second time he would a had 
me to a gone in to a swomp and I would not : and when I tould him 
that I would tell my aunt he sed he would whip me fower times 
as much." Sworn, Mar. 12, 1663, before Daniel Denison.t 

Topsfeild presentment, Zaccheus Curteous, son of Zacheus 
Courteous, for whipping and misuing several children. Wit: Mr. 
Perkins, John Wiles, Francis Pabody and John Gold. 

t deposed that in January, 1663, her brother Edmon 

Bridges asked her to go to Salem with him but she stayed in their 
house while he and his wife went. John Milinton offered unclean- 
ness to her and she told him that she would not yield to him for 
all Topsfeild. Then he went away to the fire and prayed that 
deponent would forgive him, etc. 

Sarah Bridges, aged about thirty years, deposed that her sister 
sent John Milinton to the house for some meal, etc. 

t Autograph. 



1664] RECORDS AND FILES 139 

John Attkinson of Newbury was bound for his appearance at the 
next Ipswich court.* 

Samuell Hunt, for his great misdemeanor with mutinous and 
seditious words and carriages both at the meeting of the regiment 
and the last second day at the training, was sentenced to be dis- 
franchised and cashiered the company for bearing arms and in- 
stead of training to pay 2s. per day to the use of the company. 
He was further ordered to be committed to prison until he pay a 
fine of ten pounds, and also to be bound to good behavior. Samuell 
Hunt and Joseph Reding, sureties.f 

*John Godfry also presented. 

t"To the Honored court now assembled at Ipswich The 
humble complaint of Walter Roper sheweth that being by com- 
mand from our officers drawn in march unto the wolfpen playne, 
and there commanded to cleare the sayd plains to fit it for the 
exercise of the Regiment the next day; There was one Sammuell 
Hunt of this towne, who as this complainant conceiveth, did 
speake mutianously and to the abuse of autority here estabhshed, 
which I will leave to the proofe of further evidence, which I con- 
ceive, I am bound by the oath of a free man to acquaint autority 
with. Witneses: John Caldwell, Serjeant French, Robert Lord, 
martiall, Jacob Perkens, Thomas Lord and Joseph Browne." 

Robert Lord, marshal, deposed that being at the wolfpen plain 
the first day of general training, there were some who refused to 
help clear the plain. Samuell Hunt countenanced them in it by 
saying that the Major had done more than he could answer and 
that he would maintain it before all the world. Further Hunt 
said that if the Major or any other officer commanded him to dig 
up stumps, he would not, and when Sergt. French commanded 
him to assist him in carrying some offenders out of the field, he 
refused, and Sergt. French told him he would complain of him to 
the Major, Sworn in court. 

William Prichet testified that he heard Goodman Hunt say 
that if there were not more liberty in the choice of officers, they 
would divide the company and train by themselves. Sworn in 
court. 

John Caldwell deposed that after Major Denison had appointed 
the company to clear some stumps and other logs, Sammuell Hunt 
said that the Major had no right to set the company about such 
work at such a time, and that he went beyond his power. Also 
if any were punished for refusing, he knew that there would be a 
great disturbance in the countr^^, for there were hundreds in the 
country of his mind. He spoke several times to this purpose. 
Sworn in court. 

Jacob Perkens deposed. Sworn in court. 

Joseph Browne deposed that the last second day when they 



140 IPSWICH QUARTERLY COURT [Mar. 

Marke Quilter, presented for striking his wife, was fined.* 
Marke Quilter, upon complaint against him for striking the wife 

of Richard Shatswell, was fined and bound to good behavior. 

Richard Shatswell was allowed costs. f 

were exercising their arms with Sergt. Clarke, Samuell Hunt and 
John Gidding were speaking about choosing officers, etc. Sworn 
in court. 

Thomas Lord deposed. Sworn in court. 

James Coalle testified that "I heard a man that had a leather 
paire of Briches and a flaske hanged on a chaine the last training 
day after traineing upon the greene say that if they might not 
have the choyse of ther officers they should lay downe ther armes 
and traine noe more if they would stand by him." Sworn in court. 

Sergt. Thomas French deposed that being ordered by Major 
Genii. Denison to carry two soldiers who were stubborn off the 
field to prison, he went to them and presuaded them to submit 
themselves, promising to mediate for them. Samuell Hunt told 
them rather to go to prison, etc. Sworn in court. 

*Mrs. Greene testified that being at the house of Marke Quilter 
that winter, she heard the tongs clang and heard his wife cry out 
and say, "This is a braue Cullar for your Rogery to make Mrs. 
Greene beleeve you strike the pigg when you strike me." Robert 
Punell saw said Quilter strike his wife. Sworn in court. 

Ipswich presentment. Wit: Robert Funnell and Mrs. Greene. 

jRichard Shatswell's complaint against Marcke Quilter, for 
cruel misusing of said Shatswell's wife by coming to her and vio- 
lently taking her from the chair on which she sat, throwing her 
down on the floor, her head against a door, her neck being doubled, 
then taking her up, and continuing violent shaking and thrusting 
her out of the house. And although he had so bruised her that 
she could stand only on one leg, he was so cruel that he would not 
give her leave to stay to recover her breath, when she asked him, 
all of which was done without any provocation. 

Johanah Greene testified that Good wife Quilter had "divers 
times com to my dafters house and beged of hir to goe over to the 
sayd Quilters and sit and worke with hir to bare hir company; and 
my dafter hath oftentimes refewsed : and I have tould hir that she 
might doe up hir worcke and goe to another bodys house beter 
then thay that have a great family can goe to hirs and allso goody 
Quilter beged very hard that day at my dafter and good wife 
brewer to go over thare and bare hir company that very day shee 
was hirt: and firther goodman Quilter hath bin her divers times 
very familiar and good wife Quilter last fridy night did one that my 
dafter did not give hir husband that is Quilter any provocking words. " 

Mary Brewer testified that she saw a bruise on Goodwife Sach- 
well's thigh the day that Goodman Sachwell went to the honored 
Major's house to complain against Mark Quilter, 



1664] RECORDS AND FILES 141 

Symon Tuttle, for his seditions and mutinous carriages, was 
sentenced to be committed to prison until he put in a bond of 
2001i., with sureites in 2001i. more for his appearance at the next 
General Court of election at Boston, the day after the election, 

Rebeckah Shatswell testified that "being out of dores shee saw 
Abigail leads goe to Quilters shee having acasion to specke with 
hir went thether allso and presant after cam in marcke Quilter and 
asked his wife for sum victles his wife answered what need you be 
so hasty this deponant answered it may be he had not his brecke- 
fast and his wife said yes two ouers be fore he eat meate: and 
answared apooer deale : his wife answered thus loocke heare of my 
potidg: whether I did not boy ell a good deale of meate this de- 
ponant answered it may be you might boyle a good dele and eate 
it up your selfe then said Quilter hould you your prating this 
deponent answered I prate no more then you Quilter said I wonder 
folcke will com to my house this deponant Answered I doe not 
intend to trubell you I came to specke with good wife leads then 
said he what do you sit lasing ther for this deponant answered I 
lase no more then you, considring my stringth then hee cam with 
voylans," etc. 

Elizabeth Roper deposed that she heard Goodwife Sachwell say 
that Mark Quilter had warned her against coming to his house, 
but it was no more than he has done to his other neighbors, etc. 

Joseph Browne deposed that Simon Tuttele said at Goodman 
Roper's that Goody Sachwell had been warned, and she was "Right 
enuf sarfde" for going there. 

The wife of Marke Quilter testified that if Goodwife Shatswell 
had gone when her husband told her to, he would not have used 
violence, also that she came often to her house to borrow things 
which said Shatswell knew to be against her husband's wishes, 
also her children were often laughing at him and provoking him. 
That the Thursday before this happened deponent told Goodwife 
Shattswell that her husband objected to her coming to his house 
and she wished she would not come except when he was not at 
home. 

Abigail Leeds deposed. Sworn in court. 

Goodwife Marchant, aged about fifty years, deposed that she 
heard Richard Shatchel's wife say, when Quilter was angry with 
his wife on account of something which had been done with his 
bed, "if I had such a husband I would make all fly." 

Sarah Tuttell, aged nineteen years, deposed that she heard 
Goody Quilter say that her husband "did not forwarn Coson 
Shatswill of his House." 

Goodwife Leds and Mary Shefild testified that Goodwife Quilter 
said she wondered that her husband would do so by Goody Shats- 
well because she thought she wheedled with him as little as any 
woman. 



142 IPSWICH QUARTERLY COURT [Mar. 

and to be of good behavior in the meantime. Richard Shatswell, 
WiUiam Evans and John Gould, sureties.* 

James White confessed he said to John Cauldwell "w* are you 
goeing to give in another evidence agst. Goodman Hunt, it was 
replyed let me alone & goe about your business he replyed that is 
my business." He was bound to good behavior until the next 
Ipswich court. 

Thomas Bishop was to have 61i. paid to him for John Woolcott. 

Thomas Boreman, having been formerly released from training , 
paying something yearly to the use of the company and being be- 
hind several years, upon his wife's petition, court granted one half 
of what was in arrears remitted, if he paid to the clerk of the com- 
pany the other half. Also that he be released from training for 
time to come. 

John Wiate was released from training. 

Tho. Grant, aged thirty years, deposed. Sworn, Apr. 1, 1664, 
before Daniel Denison.f 

Simon Tuttell, aged twenty-nine years, deposed that Coson 
Shachwill said, etc. 

*"The humble petition of Symon Tuttle 

"To the Honered court now sitting at Ipswich Humbly sheweth 
y* wheras your worships have received a complaint against me, 
I acknowledge the same to be iust and that what I spake was 
pverse and sinfull, and of a very hay nous nature, and therfore I 
cast my selfe at y'^ feete of your justice and mercy, and if || you || 
should censure me acording to the demerritt of my great offence 
I have noe reason to complaine, what I have spoken I confesse is 
much of the nature of that which sometimes Shimen spake against 
david, & I may truly take up his words, y* your servants doth 
know that he hath sinned, and I am hartily^ sorry for my soe great 
Folly and with him I humbly request that your worships would 
not impute iniquitye to me, neither remember what your servant 
did perversly speake, against the laws & authority of this country 
& that I (though unworthy of it) may have the benifitt of your 
Clemency, and I trust by the helpe of God I shall not alow my 
selfe heerafter, for ever speake well as of your selves psonally, soe 
of the laws & government heere established, but stir up others to 
doe the like, and if I shall ever speake soe vildly againe, I shall 
never open my mouth to request the like favour, as desireing the 
very strictnes of iustice ags* me ; be pleased therfore but this once 
to pitty me, and pas by this my offence and you shall for ever 
ingage your poore peticioner to honer you & speake highly of your 
clemency "Symon Tuttle."t 

t Autograph. 



1664] RECORDS AND FILES 143 

Joseph Reding was released from trainings, paying 5s. instead 
of 6s. 8d. for the use of the company. 

Thomas Prince of Gloster was released from ordinary training. 

Mr. Daniell Epps complained against Stephen Godwin, George 
Stimson, John Beaver and John Palmer for steahng and kilUng 
two hogs, for breaking his house and stealing several goods and for 
threatening his servants and children if they discovered it. The 
jury found Stephen Godwin guilty of all three particulars in the 
indictment and George Stimson and John Bevour guilty of the two 
former. They were all ordered to pay treble damages for theft, to 
be severely whipped and to allow their master more for loss of time, 
Stephen Godwin a month and the others a fortnight each and said 
Godwin to be bound to good behavior. John Palmer, because he 
confessed at first, was given liberty to redeem his whipping by 
paying a fine of 40s. Said Godwin was committed to prison, for 
want of security, for good behavior. Court ordered that upon 
security given for his departure out of this jurisdiction by two 
members of this court, he was to be released from his sentence of 
imprisonment.* 

Court adjourned to May 5. 

The foregoing is a copy, the original having been sent to the court 
of election, made by Robert Lord,t cleric. 

Theophilus Willson and William Pritchett testified that "the day 
before the Court being traineing day, we being upon the meeting 
house greene Symon Tuttle being there looking on the souldyers, 
the sayd Symon broke out into these words, upon ocation speak- 
ing of the libertie of the choise of officers, he sayd it were better to 
five in turkye than heere, wherupon William Pritchett sayd to him, 
not soe, for it is better heere then there, and if you weare there, you 
must be subject to the Laws and Goverment of the same and soe 
you must heere, whervpon he made slight of o' laws heere and 
spake contemptuously of them, and sayd if he weare in England 
againe, he would soone have our laws and law makers layd neck 
and heeles, and further sayd if we cannot have the libertye the 
King gave us, we would winn it by y^ edge of the sword, and further 
saith, but we have lost our opptunitye, but we hope we shall gaine 
it againe, though the Friggotts be stopt for the p''sent. And that 
the Gouverment of the Country, was in a few sneakeing fellows 
hands, and hopt we should have a turne and upon a brush would 
soone be cutt off and have our necks from under the yoke." Sworn 
in court. Copy, the original having been sent to the court of 
election, made by Robert Lord,t cleric. 

*Mr. Epps, complaining of great wrongs done to him by his 

t Autograph. 



144 salisbury quarterly court [apr. 

Court held at Salisbury, Apr. 12, 1664. 

Jury of trials: Isaac Buswell, Sam. Fellos, Rich. Currier, Henry 
Blasdall, Jos. French, Jno. Robinson, Wilh. Godfrey, Lt. Ben. 
Sweat, foreman, Godfery Dearebourn, Wm. Samborne, Henry 
Moulton, Bartholemew Heath, Jno. Haseltine, Henry Roby, Rob. 
Smithe, Bartholemew Heathe, Ed. Clarke, Jno. Samborn, foreman, 

servants combined together in stealing his goods and threatening 
the younger persons, children and others with death, George Stim- 
son appeared before Samuel Symonds,* and confessed his having 
a hand in the business of the hogs which were killed, also in taking 
the provisions out of the rooms locked up to put them in by a way 
made purposely to steal them. Said George being committed to 
prison was bailed, his master and himself being bound in 401i. for 
his appearance at the next Ipswich court. Stephen Godwyn, 
another servant of that family, was committed to the next court. 

John Befer, upon examination, said that he knew of the killing 
of his mistress' pigs and that Stephen and George killed and dressed 
the flesh but he did not help them. He was in the council, how- 
ever, and partook in eating thereof. Also that John Palmer and 
Stephen killed the second hog and he helped make the fire for it, 
that Stephen suggested to him breaking into the room wherein the 
house provisions were put under lock and key, that after Stephen 
had loosened the board, he helped to pull it up and himself, Stephen 
and Palmer went down and took cider, strong beer, pastry and 
cheese and all three of them went down several times through the 
place opened, and took sugar, plums, marmulet and butter. Also 
that Palmer, by putting his arm into a locked cubbard by means 
of a pin loose in the ledge, took out the key of the cellar. That 
there was some linen used, but what was washed and returned he 
did not know, yet he thought that one napkin was brought to be 
washed, and that he and Palmer did take powder and shot. That 
it was a usual thing to seek for and take the eggs from the family 
for themselves. Also that there was a young fat shote found dead 
where the hogs lay, that it was warm and that Stephen carried it 
about sixty rods from the house, lest his master should make them 
eat it. That there were plenty of victuals provided for them 
always. 

John Palmer, upon examination, said that Mary Bray, servant 
in the house, also partook with the others. He also heard Stephen 
threaten Bonde, aged between ten and eleven years, that if he did 
tell of his doing, he would take him by the heels and knock out his 
brains. Also that all were afraid of Stephen. 

Will of Gershom Lambert of Rowley, dated Mar. 16, 1664, 
proved in Ipswich court, Mar. 29, 1664, by Samuell Brocklebanke 
and Ezekiell Northend: "I giue my Ant Rogers my horse, and I 
giue my brother John lambert my cloath coate, and my Bootes and 

* Autograph. 



1664] RECORDS AND FILES 145 

Wm. Osgood, Lt. Phillip Challis, Sargent Stevens, Georg. Gold- 
wyer, Jno. Eaton, Umphrey Wilson, Nath. Boulter and Rodg 
Eastman in Davis' case, Wm. More, Rob. Tuck, Jno. Smith, Tho. 
Levitt, Joseph Merry, Tho. Davis, Jno. Eyer, Tho. Barnard, Ric 
Wells, Jno. Weed and Archelaus Woodman. 

Isaac Buswell, Tho. Levitt and Tho. Davis were fined for absence 
from jury. 

Peter Eyer v. Ed. Clarke. Appeal from a judgment of the 
commissioners of Haverhill in an action for not returning 71i. of 
Indian corn and 1 l-21i. of wheat, levied by an execution for Jno. 
Godfrey. Jury found for the plaintiff, reversing the judgment 
of the commissioners. 

Edward Clarke v. Abraham Whitticker. For not defending 
plaintiff from damage concerning the action which was commenced 
by Jno. Godfrey against said Whitticker at the last Court of As- 
sistants according to his engagement in his letter of attorney to 
said Clarke. Verdict for plaintiff. 

Town of Hampton v. Natt. Boulter. Review of an action tried 
at last Hampton court, concerning the title of one hundred acres 
of land in Hampton, which defendant claimed by a sale from Jno. 
Barrett. Verdict for defendant. Appealed to the next Court of 
Assistants. 



I giue my best suite to my brother Thomas Nelson and I giue 
to John Spaffard, senior a gray jacket and breches, and I giue to 
Charles broune two paier of shooes, and two paire of stocldngs and 
I giue the rest of my cloaths to Richard lighten, and I giue to my 
cousen elizabeth platts fiuety shillings, and I giue to my brother 

thomas lambert my pistells, and my sward and my sadle a 

my breast girt and I giue the halfe thousand Acres of upland — 
the meddow proportianable to the halfe thousand Acres of upland 
which my Ant Rogers gaue me which lieth in the bounds of Row- 
ley, which lieth in the diuisian of land commonly called Rowley 
uillage. I giue this land to my brother Thomas Nelsons children, 
equally to be diuided amongst them that is the children I meane 
which my sister An hath by my brother Thomas Nelson, and all 
the rest of my estate I giue to my brother Thomas Nelson, and I 
make my brother Thomas Nelson executor," etc. Gershom (his 
mark) Lambert.* Wit: Samuell Brocklebanke,t Ezekiel North- 
endt and John Brocklebanke.f "This will of Gershom Lamberts 
was Read unto him and he owned it in euery of the p"" tickulers of 
it and set these leters of his name and his seal to it," in presence 
of the witnesses. 
♦Seal. t Autograph. 



146 SALISBURY QUARTERLY COURT [Apr. 

Abraham Drake v. Isaac Cosens. Debt. Due upon bill and a 
weanable mare colt which should have been delivered at Hampton 
and four pounds more in goods at price current to be delivered at 
Boston, all of which should have been paid in the year 1662. Ver- 
dict for plaintiff. 

Jno. Colby v. Town of Salisbury. 

Jno. Colby, son of Anthony Colby, deceased, the lawful pos- 
sessor of the estate of Mr. Sam. Groom, mariner, lying in Salis- 
bury, with all town rights and privileges which were sold to said 
Colby, as appeared by a bill of sale made by Dan. Peirce, substitute 
from Phillip Wollidg, the agent or attorney of said Groom, and 
now by division of the estate of said Colby, in an action for re- 
fusing to own said Colby a townsman and denying to grant him 
equal town privileges with other townsmen upon the account of 
Mr. Sam. Groom, he being admitted townsman by the said 
town of Salisbury as appeared by town records. Verdict for 
defendant. 

Tho. Barnard, jr. v. Mary Peasly, widow. For refusing and 
neglecting to make good to him a certain legacy of house and lands 
given to Sarah Peasly, who is now said Barnard's wife, by said 
Joseph Peasly in his will. Verdict for defendant. 

Ed. Goe V. Town of Salisbury. For denying him a right of 
commonage, which he bought of Josiah Cobham in said town, 
and refusing to let him have the rights and privileges belonging. 
Verdict for plaintiff. 

Rob. Ring v. Jno. Severans, For breach of bond in not prose- 
cuting the appeal, in the action between said Ring and the town 
of Salisbury at last Salisbury court, at the next Court of Assistants. 
Verdict for defendant. 

Israeli Wite v. Capt. Rich. Waldern. For withholding the 
estate of plaintiff, which was committed to said Waldern when he 
was guardian for said Wite. Verdict for plaintiff. Appealed to 
next Court of Assistants. Mr. Peter Coffyn and Capt. Bryan 
Pendleton bound. Owned in open court, Tho. Bradbury, rec. 

Tho. Davis v. Jno. Hutchins. Debt. For beef, butter, cheese, 
bacon and work. Verdict for plaintiff. 

Tho. Davis v. Jno. Hutchins. Forfeiture of a bond. Verdict 
for plaintiff. 

Mr. Ed. Rishworth and Ric. Stileman, administrators of the 
estate of Mr. Edw. Lyde, deceased, or any attorney for them v. 
Joseph Davis. Debt. Verdict for defendant. 



1664] RECORDS AND FILES 147 

Capt. Pike, attorney to the Worshipfull Mr. Francis Dove of 
Salisbury in old England v. Edward French. Trespass. For 
mowang the grass and carrying away the hay off a piece of meadow 
or marsh belonging to said Mr. Dove, which marsh lay by the 
beach in Salisbury, by a sweepage lot formerly Mr. Hal's and 
thereby claiming title of said marsh for several years last past. 
Verdict for plaintiff. 

Rev. Mr. Wheelwrite, planter v. Phillip Toule. For refusing 
to deliver him possession of a house and land in Hampton, to 
which said Toule pretends a right by virtue of a sale from Robert 
Nanny, late deceased. 

Matthias Button acknowledged judgment to WilUam Marston, 
sr., of Hampton. 

Jno. Severans v. Robert Ring. Debt. For entertainment and for 
pay disbursed to Mrs. Woster, now the wife of Mr. Symonds, for him. 

Wm. Barns, PhilUp ChaUis and Jno. Weed v. Rich. Currier and 
Willi. Osgood. Trespass. For felling and carrying away their 
timber or pine trees from the tract of land which was granted by 
the towTi of SaUsbury to Wm. Osgood and by him to said Barns 
and others. Verdict for defendant. 



Will of William Deale of Haverhill, dated Feb. 14, 1664, pre- 
sented to court but not proved, the administratrix, as she was 
called, refusing to have anything to do with the will. He be- 
queathed to "my deare and Loveing mfe Mary Deale all my 
Lands and goods to be att hir disposall, I doe will y* my two 
Children shall have twenty pounds A pece when they Come at 
age or day of Marridge; I doe Meane att twenty one yeares : and 
sixteene yeares y* y^ twenty pounds shal be payd I doe make my 
deare and Loveing wife Mary deale Administratrix of my whole 
Estate." William (his mark) Deale.* Wit: John Carletonf 
and Phill. ChalHs.f 

Writ: WilUam Cottell v. Thomas Mudget; debt; dated Nov. 
17, 1663, signed by Anthony Somerby,t for the court; and served 
by Thomas Barnard,t constable of Newbury. 

Writ: Christopher Palmer, attorney for John Casse v. Henery 
Greene; for a parcel of land which said Greene sold to said Casse, 
by bill of sale dated Sept. 1, 1657; dated 7:2: 1664; signed by 
Samuell Dalton,t for the court; and served by Abraham Drake.f 
marshal of Hampton, by attachment of defendant's mill. 

Writ: John Warrine v. Humphrie Willson; for not paying 
twenty pounds according to covenant; dated 18 : 10 : 1663; signed 
by Samuell Dalton,t for the court; and served by Abraham Drake,t 

* Seal. t Autograph, 



148 SALISBURY QUARTERLY COURT [Apr. 

Ordered that Capt. Pike, Mr. Tho. Bradbury and Leift. Phillip 
Challis make a division of lands between widow Peasly and Sarah 
Peasly, now wife of Tho. Barnard, jr., and the housing, according 
to the will of Joseph Peasly, as soon as they can conveniently. 

John Hutchins owned he had two quarters of beef. 

Tho. Hoyt and Tho. Jonson were admonished and fined for 
going away disorderly from their master Walter. Also Walter 
Tayler, for using cursing speeches to his servants, was fined. Jno. 
Hoyt, sr., was admonished for entertaining his son, being servant 
to Walter Tayler. 

Jno. Gillman, sr., Robert Jones, James Kid, Jno. Fulsham, jr., 
Denis Skalion and Jerime Cano, having been bound for the appear- 
ance of Francis Pafat, to answer a complaint of committing forni- 
cation with Margerite Dudley, and not bringing said Pafat to 
court, their bond was declared forfeited. Pafat was to pay for 
keeping the child. 

Moses Gillman was fined for neglecting to set or keep the con- 
stable's watch at Exiter last year. 

Henry Roby, for his high misdemeanor in reviling the ordinance 
of baptism and reproaching the minister, was admonished and 
bound to good behavior. 

Jno. Severans swore to his book of accounts. 

Widow Peasly and Jane Flanders, for railing carriages and mis- 
behaviors, were admonished and fined. 

marshal of Hampton, by attachment of two cows, one heifer, a 
calf and yearling of defendant's in the hands of John Browne. 

Writ: John Warrin v. Humphrey Willson; debt due from Mr. 
John Legate, for which said Willson was liable, having seized upon 
the estate of Ann Leggate, relict of Mr. John Leggat, without 
getting administration or giving in an inventory; dated 30: 1 : 1664, 
signed by Samuell Dalton,* for the court; and served by Abraham 
Drake,* marshal of Hampton, by attachment of a cow and calf 
in the hands of Josephe Mere, a steer at Nathanell Bacheler's and 
a heifer in the hands of John Garland of Hamton. 

Writ: Jno. Severans V. Rob. Clements; debt; for entertainment 
at his house and for entering one action at Salisbury court, 1663, 
part of which was to be paid in money, butter or wheat about 
Michaelmas last; dated 31 : 1 : 1664; signed by Tho. Bradbury,* 
for the court; and served by John Griffing,* deputy constable of 
Haverhill, by attachment of ten acres of land near John Page's 
house. 

* Autograph. 



1664] RECORDS AND FILES 149 

Henry Roby and Willi. More were bound for the former's good 
behavior. Owned in open court, before Tho. Bradbury, rec. To 
pay Fifeild. This bond was discharged. 

Mr. Samuell Dudley was ordered to have 361i. of the 401i. for- 
feited by Jno. Gillman of Exiter and was bound to save the town 
of Exiter harmless from all charges for the keeping of the child of 
his daughter Margerite, which she laid to one Frances Fafat. 
Mr. Sam. Dudley owned this bond in open court before Tho. 
Bradbury, rec. 

Jo. Samborne, Sam. Dalton and Jno. Redman bound for the 
town of Hampton in an action between said town and Nat. Boulter 
for prosecution of appeal at the next Court of Assistants. This 
bond was owned in open court. 

The county treasurer was ordered to pay to Abrah. Firkins what 
the county owed him as soon as he could get so much of the coun- 
ty's estate into his hands. 

Town of Salisbury was ordered to pay fine for not prosecuting 
their appeal from a judgment in a case at Salisbury court, 1663, 
between Robert Ring and said town. Fine respitted. 

The presentment against old Marston was postponed until 
Hampton court. 

The widow Willix of the town of Salisbury being in no capacity 
to order and improve her estate by reason of a strange kind of dis- 
tracted and distempered condition that she had been in for a long 
time, it was ordered that Capt. Tho. Bradbury, Richard Wells 
and Edward French take care of her estate for her comfortable 
subsistence, to see her house finished, according to agreement with 
Wm. Osgood, and in case of need to sell part of her estate for the 
finishing of the house and procuring stock. 

To the marshal, for carrying a warrant for the Quakers. 
To Fifeild, for carrying a special warrant for Roby. 
Whereas this court was informed by Sam. Winsley that he had 
delivered to his mother, Mrs. Anne Winsley, 20H., also to deliver 
what estate was in the inventory to her when she required it, court 
accepted this as an answer to said Mrs. Winsley, there being no 
estate to make good the bond given by Mr. Winsley to make good 
her jointure or annuity. 

Capt. Robert Pike, Mr. Tho. Bradbury and Rich. Wells took 
the three men's oath. 

Henry Brown sworn constable of Salisbury for the ensuing year. 



150 IPSWICH QUARTERLY COURT [May 

Jo. Severans was licensed to keep the ordinary for the town for 
the ensuing year. 

Robert Smithe, administrator of Rob. Read of Hampton, de- 
ceased, presented his account, and the 7U. 2s. 6d. due to said Smithe, 
was ordered to be paid him out of the rent of the house at Boston. 

Allowed 6s. to the servants of the house, and 4s. to Jno. Ilsley. 

Adjourned to the second fifth day of June next at the ordinary 
at Salisbury at ten o'clock in the forenoon. 



Court held at Ipswich, May 5, 1664, by adjournment. 

Mr. Thomas Gilbert and Joseph Bigsbye of Topsfield were made 
free. 

John French took the oath of fideUty. 

Jacob Foster of Ipswich made free. 

William Nelson, being convicted of stealing six pieces of beef 
from Thomas Bishop, was sentenced to pay 12s. to Goodman 
Bishop, the beef being returned, and to sit one hour in the stocks.* 

William Downeing and Joseph Lee were fined upon their pre- 
sentments for breach of the peace.t 

Caleb Kimball, upon his presentments for striking Symon Tuttle 
and for breach of the peace, was fined. | 

Richard Shatswell, upon his presentment for breach of the peace, 
was fined. § 



*Ipswich presentment. Wit: Daniell Denison and Nathaniell 
Domine. 

tipswich presentment. Wit: Samuell Myhill, Twiford West, 
John Chowt and John Low. 

Samuell Frensh, deposed. Mar. 10, 1663, that upon a lecture 
day after lecture he went into Thomas Bishop's house. There he 
saw Leigh and Downing shoving one another in the corner. Joseph 
Leigh shoved William Downing upon John Day, and Leigh hit 
Downing a blow upon his face with his hands. Sworn, Mar. 10, 
1663, before S. Symonds.H 

Ephraim Fellows deposed that Joseph Lee came into Bishop's 
house, said he was cold and asked Downing to let him come near 
the fire, etc. Sworn, Mar. 10, 1663, before Samuel Symonds.1I 

llpswich presentment. Wit: John Adams, Gilbert Wilford, 
Robert Funnell and Samuell Dutch. 

§Ipswich presentment. Wit: John Brewer, Georg Smith and 
Samuell Lord. 

f Autograph. 



1664] RECORDS AND FILES 151. 

Martha Smith chose Nathaniell Elitrop to be her guardian, aad 
he was bound in 401i. to pay her her portion when due. 

Caleb Kimball, upon his presentment for rescuing cattle, was 
fined.* 

Peeter Cheny, upon his presentment for fornication, was fined. 
His wife Hanah Cheny was fined 31i. unless she appear "before the 
court rises if soe the court will considder further."t 

Town of Andover was discharged of its presentment for want of 
a pound, it being certified that a sufficient pound had been provided. 

John Newman, jr., was fined for not assisting the constable. 

Thomas Lovekin was fined for not assisting the constable. 

John Edwards, Phillip Fowler, John Ananaball, Mathew Ana- 
ball, John Wood, Sam. Varnam, Samuell Dutch and Roger Lang- 
John Brewer deposed that being by his house side he heard 
Caleb Kimball call to Samuell Lord to witness that Goodman 
Sachwell struck him, but he did not see them. Bye and bye Caleb's 
oxen came by deponent's house alone and when they were half way 
to Goodman Day's, Caleb came running by and took them back 
within about eight or ten rods of deponent's house, where the blows 
and words about the oxen occurred. Sworn in court. 

*Ipswach presentment. For rescuing his oxen from Richard 
Satchwell, who was driving them to pound out of the common 
field. Wit: John Brewer, Georg Smith and Samuell Lord. 

Samuel Duch testified that being in his uncle Caleb's yard, he 
saw Goodman Sachwell coming along the street after some oxen, 
two of which were Caleb Kimball's, and they came into the yard 
of themselves. Bye and bye Goodman Sachwell came to take them 
out and deponent's uncle warned him against coming on his ground, 
saying that he would pay for the pounding and the damage they 
had done. Goodman Sachwell forced the oxen out of the yard, 
struck his uncle three or four blows with a piece of board he had 
in his hand, and the oxen went to the common, toward Goodman 
Daye's house. Said Sachwell went toward his own house. 

fNewbury presentment. They were married May 14, 1663, 
and their child was born Nov. 6, next following. 

"Honoured gentlemen, 

"Wee crave leaue to inform you in some particulars con- 
cerning our friend Hanah Cheany who is sumoned to appear before 
you, whose indisposition of body, she being subject to sore fits 
(especially upon such occasions as this) cals for y'' clemency to her 
so far as justice shall permit; & y* she may not to y® manifest 
hazard of her life be forced to come before you. If you shall please 
to take notice y* y<= parties concerned she and her husband have 
ever bin of unblameable conversation never offending in this kind, 



152 IPSWICH QUARTERLY COURT [May 

ton, presented for keeping cattle in the common corn field on the 
Lord's day, it being the first time, were admonished.* 

Capt. Paul White and Stephen Swett had their licenses renewed 
for one year. 

Caleb Kimball and his wife, John Leeds and Abraham Knowlton, 
complained of for playing at cards, were fined 5s. each. 

Richard Smith, complaining against Zachry Debell and William 
Newman for stealing his canoe, the court ordered that they pay 
treble damages, 41i. 19s. 

The treasurer was ordered to pay John Woolcott 141i., and Peter 
Chenye's fine to be part of it. 

Jonathan Lambert, dying intestate, his brother John Lambert 
was appointed administrator and he was ordered to bring in an 
inventory to the next Ipswich court. John Lambert was bound 
in forty pounds. 

Stephen Godwin, for breaking prison, was ordered to be severely 
whipped and committed to prison.f 

Zachary Debell and William Newman, for being accessory 
abetters and conveying the prisoners away, were ordered to be 
severely whipped, fined and committed to prison until they paid 
it, and also bound to good behavior, Zachry Debell and Samuell 
Graves bound. 

except in this one particular; and having bin published according 
to law, and y'' time of marriage appointed, but unexpectedly de- 
laied by theyr parents by reason of extraordinary accidents: we 
hope you will not think it strange that we intercede for them, and 
that although she be by y^ hand of god prevented from going to 
court, whereby she might express her penitence to you yet there 
may be noe misinterpretation or misunderstanding in y<^ business, 
but y* as she humbly submits her selfe to your judgm*, so she may j | 
together with her husband || have what favour y'' wisdomes shall 
judge meet to shew them: And so shall pray &c. 

j_ hom*is Pnrlcpri 
"Newb. 4th May 1664 Wm Gerrish."t 

*Ipswich presentment. John Edward, Phillip Fowler, jr., 
Robert Dutch, jr., John Anabell, jr., Mathew Anabel, John Wood, 
Roger Lancton's boy and girl, Samuell Vernam, jr., and Samuell 
Dutch were presented. Wit: Robert Lord, jr., Caleb Kimball 
and Mark Quilter. 

fStephen Godwin was committed to prison for want of security 
for his good behavior. 

John Palmer and Mary Day deposed that they heard said God- 

JAutograph. 



1664] RECORDS AND FILES 153 

Thomas Willson, for being an abetter and concealing the prison- 
ers escape from prison, was ordered to be whipped.* 

Thomas Tredwell, jr., Nathaniell Tredwell and John Pindar, for 
concealing the prisoner, were admonished. 

Samuell Graves, for suspicion of conceahng the prisoner and 
carelessness in his trust in searching for him, was bound in 50li. 
to appear at the next Ipswich court. 

Execution being respitted in the action of Tho. Clarke v. Tho- 
Andrews, the respite was taken off. 

Charges allowed to Walter Roper, Caleb Kimball, Richard Coye, 
George Abbott and Thomas Johnson in prosecution of the prisoner. 

Ordered that Mr. Symonds and Major Genii. Denison take order 
about the security for the good behavior of the prisoners and the 
charges. Sam. Graves engaged to pay Zacherye's fine. 

"Forasmuch as severall escapes have beene made out of the 
prisson by the prisoner with the ayd & assistance of some 111 affected 
psons It is ordered that noe pson shall p'"sume heerafter to come 
within the prisson yard, nor within 20 foote of the prisson on the 
west syde therof, where there is noe fence, upon any p''tence what- 
soever without pticular licence from the keeper, while any prisoners 
are in prisson, upon paine & penalltye to be psceded agas* as con- 
temnors of authoritye and abbettours of malif actors." 

win say to Joseph Bond that if he told any tales he would dash out 
his brains or beat his head against the wall. Sworn in court. 

*John Gidding deposed that the "last second day Thomas 
Willson came to my house & tould that the p^'issoner was found 
againe | ] I sayd 1 1 but are they found that lett him out he answered 
noe nor I hope never will I sayd I doubt you are one of them he 
sayd noe I am as cleare as you I sayd noe I doubt not soe, how 
could you then tell your cossen Nath : Tredwell that the prisoner 
was at goodman graves his barne of the thursday after he was lett 
out he sayd I tould him but he was a rogue for telling you & he 
then turned about and cryed." Sworn in court. 

James Ford deposed that on Monday last, being at Thomas 
Wilson's house, he asked him what news, and he told deponent 
that Stephen was caught again. Deponent asked him who let 
him out of prison that he had no better instructions how to get 
away, and Thomas said it was himself, John Pindar and Zach. 
Debel. That they had bound themselves not to discover anything 
and whoever discovered the matter first was to bear all the damage 
that should come to all or any of them by that act. Deponent 
said that Thomas told him that the cocks had crowed six times on 
Tuesday night before he went to bed and that day broke as he was 



154 SALEM QUARTERLY COURT [June 

The treasurer was ordered to pay to Mr. Willson 31i. for his 
salary. 

Samuell Graves undertook to pay 131i. to the treasurer for Zachry . 

WilUam Newman bound in 201i. not to be seen in this jurisdiction 
from May 16 to Sept. 29, 1664. 

Given to the house 5s., and 12d. to be given to Mr. Paine's maid 
where Major Hathorne lay. 

Court held at Salem, 28 : 4 : 1664. 

Judges: Worshipfull Mr. Symond Bradstreete, Mr. Samuell 
Symonds, Major Danyell Denyson and Major William Hathorne. 

Jury of trials: Mr. Richard More, Richard Prince, John Porter, 
Jacob Barney, William Dixy, Samll. Corning, Richard Bishop, 
Nathanll. Felton, Raulph King, Jon. Haukes, Richd. Kimball, 
Steeven Glover, George Keiser in Jon. Hathorn's action and Tho. 
Oliver in Jon. Porter's action. 

Tho. Gretian v. Mr. John Duncan. Debt. For four and one-half 



going home when he was near Thomas Burnham's house. Thomas 
further said that he went into Goodman Graves' house at the back 
door to wake Zachary, etc. Sworn in court. 

Anne Chote deposed that Thomas Wilson was at the rails on 
Thursday night and she asked him if he knew what had become of 
Stephen and he said that if there were a fair wind Stephen would 
not be long in Ipswich. That Stephen was not twenty rods from 
the meeting house all that while and that he was over the scaffold 
in Goodman Graves' barn. Sworn in court. 

John Dille, aged about twenty-one years, deposed that being in 
Mr. Hubberd's lane with Jonas Gregory on lecture day, Thomas 
Wilson told deponent that Stephen was in Goodman Graves' barn 
and asked deponent if he would help convey Stephen away to the 
eastward. He told him that he would have no hand in any such 
thing, and Wilson said his father had examined him as to whether 
he had anything to do with letting out the prisoner, and he had 
told him that he was at home in bed at the time and that his wife 
would swear to it. Zachery, Goodman Graves' man, was he who 
let him out. Sworn in court. 

William Downeing, aged about twenty-four or five years, de- 
posed that Thomas Wilson came to his ground when he was plant- 
ing, and he told deponent where Stephen was and said that Good- 
man Graves had no hand in the matter. Sworn in court. 

Presentments, dated Mar. 29, 1664, signed by Daniell Epps,* 
in the name of the rest of the grand jury: — 

* Autograph. 



1664] RECORDS AND FILES 155 

month's service sailing with him in the ship called the Black Eagle. 
Verdict for plaintiff, to be paid in current money of England.* 
George Drake v. Mr. Jon. Duncan. Debt. For four and one-half 

John Ridg and Richard Jones from Newbury presented for not 
coming to the public meeting. 

*Writ, dated June 21, 1664, signed by Hillyard Veren,t for the 
court, and served by Samuell Archard,t marshal of Salem. The 
latter had appointed Nicholas Merett of Marvellheade his deputy, 
but he did not serve the writ. 

Thomas Gretians' bill of costs, Hi. 13s. 8d. 

Abraham Shaw, aged about thirty years, Steven Gregs, aged 
twenty-five years, John Wall, aged about twenty-four years and 
George Geake, aged about thirty-one years, deposed that on Tues- 
day, June 14, 1664, the ship Black Eagle was lying at the head of 
Marblehead harbor, when the master, John Dunkin, spoke openly 
to the ship's company: "Gentlemen I have giuen you three or 
four Dayes to Consider wher you would goe the Fishing uoydge 
In the shipe or noe I Conffesse that it was nott In your bargaine 
to goe a Fishing And you may Chuse wher you will goe or noe, 
therfore because I am now goeing to Boston I would have you giue 
me your positive Answer, soe that if you will not goe I may gett 
men In your roomes." In Answer to which most of the company 
said that they would not go for the wages offered, that is, twenty- 
seven shillings a month, not being fitted with materials for a fishing 
voyage. Then the master said "I would desyre you to Carry the 
shipe off to her moreings, and then euery man For himself e." This 
was done and the sails were dried the same day and the men gave 
attendance two or three days expecting to receive their wages when 
the master came from Boston, but seeing no victuals dressed for 
them for two or three days, some returned to the shore to buy 
provisions for their natural sustinance. 

Abraham Shaw and John Wall further deposed that about June 
16 or 17, 1664, in the morning, Mr. Allexander Reid said openly 
upon the deck of the Black Eagle in Marvellhead that he had re- 
ceived a letter from the master at Boston and he desired him to 
say that if they would go on the fishing voyage, they would be 
welcome, for he would rather they should go with him than stran- 
gers, although he could get men enough at Boston. The men 
refused to go and Mr. Reed told them that they must have a little 
patience till the master came from Boston, who would be answer- 
able for their wages. They further deposed that after the master 
came from Boston, he said that he was sorry they could not go with 
him, but he had shipped men at Boston. Whereupon John Wall 
said that he hoped he would give them their wages they had earned. 
The master confessed that they had earned their money and he 

t Autograph. 



156 SALEM QUARTERLY COURT [June 

months' service sailing with him in the ship called the Black Eagle. 
Verdict for plaintiff, to be paid in current money of England.* 

Thomas Gretian v. Henry Combes. Forfeiture of a bond. 
Withdrawn. 

John Deacon v. Anthony Crosby. Debt. Verdict for plaintiff .f 

Nathanyell Pittman v. Richd. Gardner. Trespass. For com- 
ing upon plaintiff's ground, fencing it and occupying it. Referred 
to the selectmen of the town of Salem to be ended in a month, 
which was consented to by both parties. 

William Browne v. John Codner. Non-performance of a prom- 
ise made by him upon the marriage of his daughter-in-law to the 
said Brown. Verdict for plaintiff, either the two acres of land 
at Gatchell's hill or on the neck, or ground to set a house upon and 
a garden spot by the cow house of said Codner ; also one-third part 
of the shallop called the Black Besse, and seven years' stage room 
for his own particular person. J 

would willingly give it to them, but he had been advised not to do 
so without going to court, because he might have something to 
show to his owners for his own discharge, etc. / 

*Writ, dated 21 : 4 : 1664, signed by Hillyard Veren,§ for the 
court, and served by Samuell Archard, § marshal of Salem. 

George Drake's bill of costs, Hi. 13s. 8d. 

fWrit: John Deakin v. Anthony Crosbee; debt, which the said 
Crosbee promised to pay to Capt. Georg Corwine of Salem on 
said Deakin's account; dated June 17, 1664, signed by Jonath. 
Negus, § for the court; and served by William Lawe,§ constable 
of Rowley. 

Goodman Deacon's bill of cost. Hi. Is. 7d. 

Bond of Anthony Crosbie§ of Rouly to John Decon, who lived 
at Wenisemet, dated Oct. 8, 1663, for 31i. 4s., which said Crosby 
promised to pay to Capt. Georg Corwine of Salem in wheat or pork. 
Wit: Jeremiah Belcher. § 

Summons to Anthony Crosbee, dated June 17, 1664, to appear 
at the next Salem court. 

IWrit, dated June 6, 1664, signed by John Fuller, § for the court. 
John Codner and John BartoU, sureties for Codner's appearance. 

Wm. Browne's bill of cost, Hi. 14s. lOd. 

John Pedrick, aged about forty years, and James Poere, aged 
forty-five years, deposed that being in September last at the house 
of Goodman Grosse at Bostone, in company with John Codner 
and William Browne and others, they heard Codner discoursing 
with said Browne about marrying his daughter-in-law Mary Chin. 
Deponents heard Codner say to Browne "yf thee doest mary my 

§ Autograph. 



1664] RECOKDS AND FILES 157 

Georg Wheeler v. Jon. Chater. Debt. Verdict for plaintiff. 
Mr. Harlackendine Symonds appeared in court as surety for de- 
fendant and answered said action in his stead.* 

Margerett Bennett, widow v. Andrew Rowland. Debt. For 
provisions. Neither the defendant nor his surety, Mr. James 
Brading, appearing, their bond was forfeited.! 

Daughter, (meaning ye said mary) I will giue thee two acres of 
land at Gatchells hill or on the neck, & yf you acept not of that, I 
will giue thee ground to sett a house upon & a garden spott, by my 
cow house, & further said I will alsoe giue thee the third pt of my 
shallop caled ye black Bess: & for stage roome I will giue thee 
yt alsoe for 7 yeares for thy || owne 1| pticuler pson," and said 
Browne answered, taking off his hat, when John Codner drank 
to him upon those foregoing words, calling him son, "I thank 
you, father." Then they shook hands, and Codner was well 
in his right understanding and memory without being distem- 
pered with drink or otherwise. Sworn, 25 : 4 : 1664, before Wm. 
Hathorne.l 

Samll. Condey, aged about thirty-three years, deposed that 
Jno. Pederick said that Browne's estate was worth two hundred 
pounds in England, etc. Sworn in court. 

Robert Pety, aged twenty-three years, deposed that when 
William Browne demanded what Codner had promised, the latter 
said he had promised him nothing and "yi I did com by it how you 
can." Sworn, 25 : 4 : 1664, before Wm. Hathorne.l 

*Writ, dated May 2, 1664, signed by Jonath. Negus,t for the 
court, and served by Tho. Fitch, J constable of Boston. 

Harkakinden SymondsJ was bound for John Chater's appear- 
ance. 

Bill of costs, Ih. lOd. 

Letter of attorney, dated May 30, 1664, given by George Wheeler § 
of Newbury to Leift. John Pike. Wit: Anthony Somerbyt and 
Rebecca Somerby.J 

John (his mark) Chatter of Newbary acknowledged a debt of 
61i. to James Uselton of Newbery to be paid to Capt. Gerrish, in 
beef, pork or corn, dated May 10, 1660. Wit : Edward Woodman^ 
and John Bartlett.J 

fWrit, dated May 9, 1664, signed by Francis Johnson,| for the 
court, and served by Thomas Fitch, J constable of Boston. 

James Brading,t surety for said Rowland's appearance. 

Richard Downeing, aged about twenty-seven years, deposed 
that Andrew Rouling received of Margrett Bennett, pork amount- 
ing to 4h. 18s., and deponent heard him acknowledge that he was 
indebted to her 14s. for washing, for which she had received of 

J Autograph. § Autograph and seal. 



158 SALEM QUARTERLY COURT [June 

John Meagers v. Osmand Dutch. Breaking of a bond. Ver- 
dict for defendant.* 

Matthias Farneworth v. Samll. Bennett. For withholding a 
debt of 81i. which he should have paid to Georg Emory for curing 
Wm. Dellowe's hand. Verdict for plaintiff.f 

him 37s. in clothes, and that there was a balance due said Mar- 
garett of 31i. 15s., which said Rouling promised to pay her in cod 
fish upon the rock or in money at weighing time. Sworn, 25 : 4 : 
1664, before Wm. Hathorne.t 

Mary Codner, aged twenty-six years, deposed that Andrew 
Rowland received of her mother Benitt, etc. Sworn in court. 

Ann Deverixe, aged about forty-three years, deposed that she 
weighed the pork for Andrew Rowland, etc. Sworn in court. 

*Writ, dated June 21, 1664, signed by Edmund Clarke,| for 
the court, and served by John Fitch, t constable of Gloscester. 

Osmand Dutch's bill of charges, 9s. 2d. 

Osman (his mark) Duch and John Meager, J agreement, dated 
June 1, 1664, to leave the settlement of all differences to Robert 
Elwell and Jno. CoUens, sr. Wit: Peter Duncan! and Georg 
Keser.l 

Georg Keser deposed that being at Cape Ann at Mr. Duncan's 
house, Robert EUweell asked what the business was that he and 
John Collins, sr., were to do, and Goodman Duch answered that 
they should not meddle with the action of the Ipswich court. 
Goodman Elwell said he would not meddle either, for that indeed 
would be a bad business. 

John Collens, jr., aged about twenty-eight years, deposed that 
he heard his father say, etc. 

Georg Keasor, aged about fifty years, deposed. 

James Collens, aged about twenty years, deposed that he was 
present when Osmund Duch came to his father's house, etc. 

tWrit, dated Apr. 2, 1664, signed by John Fuller,^ for the court, 
and served by Robert Ingolles,t constable of Linne, by attach- 
ment of one brown cow and two heifers in the hands of Capt. 
Thomas Marshall. 

Bill of costs of Edward Richards, attorney for Matthias Farn- 
worth, Hi. 4s. 8d. 

Letter of attorney, dated Apr. 3, 1663, from Mathias (his mark) 
Farnworth of Grotton, weaver, to his loving brother, Edward 
Richards, to appear for him in the action against Sammuell Bennit, 
sr. Wit: John FullerJ and Ehzabeth (her mark) Fuller. 

Thomas Laughton, aged about fifty-four years, testified that 
being at the house of John Hathorne with Samuell Bennet and Mr. 
Emry of Salem and others, Mr. Emry accepted a bill from said 
Bennett of about five pounds to be paid by Mr. Browne of Salem 

X Autograph. 



1664] RECORDS AND FILES 159 

Jon. Hathorne v. Jon. Blany. Debt. Withdrawn.* 
Robert Ingalls, constable of Lyn, was allowed 2s. for a hue and 
cry. 

before sunrise the next morning. It was for the discharge of Mr. 
Emry concerning one Dillow. Sworn in court. 

John Deacon testified that Samuell Bennett told him that he had 
paid Mr. Andrews for the curing of his man's hand. Sworn in 
court. 

"Wee whose names are underwritten for and in Consideration 
of moneys received of m'' Samuel Bennet for William Dellow, doe 
discharge and acquit the said William from all former debts and 
engagements due to his master John Andrews deceased, and from 
all debts and engagemts due to and requirable by our selves of y^ 
sayd William ; and doe secure the said William from all such debts 
to other persons as are charged by John Andrews aforesayd, and 
by our selfes to the said William Dellow, and accounted to him as 
paid for him : provided alwaies and it is our meaning that if there 
shall be any person or persons not yet paid and fully satisfyed by 
the aforesaid John Andrews, whose demand is charged to William 
Dellows acco* by John Andrews, and recoverable of the said Wil- 
liam, that then the said William Dellow shall discharge the same, 
to the value of thirty shilHngs and no further: in witness whereto, 
we have sett our hands, as below: 

" and that there may be no future errour or mistake in the prem- 
ises, concerning the debts charged to William Dellow his account, 
as paid for him: they are here subscribed, amounting to y^ value 
of thirty & one pounds, one shill: & six pence: as followeth:" 

Paid to Mr. Juet, 4h. 2s. lid.; Mr. Baker, Ih. 7s. lid.; Good- 
man Prichard, 2s. 6d.; Goodman Tod, Ih. Is. 6d.; Mr. Norton, 
IH. 10s.; Goodman Shatswel, 9H.; Goodman Coy, 8s.; Sergeant 
French, 4s. 2d.; Mr. Chute, 8s.; Marshall Brown, 17s.; Mr. 
Wilson, 2s. 6d.; Goodman Rowel, 2s.; Humfry Griffin, 3U. 10s.; 
Goodman Whitman, 6d. ; Goodman Lord, 5s. 6d. ; Goodman Law, 
5s. 6d. ; Goodman Driver, Is. 6d.; Goodman Brisco, 5s.; Good- 
man Muzzy, 51i. 10s.; John Hathorne, Ih. 17s.; total, 31U. Is. 6d.; 
dated July 7, 1663, and signed by Sarah Andrews,! administratrix 
of Thomas Andrews' estate. 

Daniell Salmon,! the marshal's deputy, on Feb. 27, 1663, ac- 
knowledged satisfaction to Edward Richards. Wit: Rich. Havenf 
and Thomas Wheeler.f 

Samuell Benettf of Rumly Marsh bound himself to free Mathyas 
Farnworth of L>Tie of his engagements in behalf of William Dillo 
who was then servant to said Benett, and agreed to settle all claims 
of said Dillo. 

*Rich. Walker,tonJune29, 1664, requested the court to return his 

t Autograph. 



160 SALEM QUARTERLY COURT [June 

Nehemiah Abbott v. John Bridges. Trespass. For taking 
away his horse, spoiling him and not returning him again.* 



bond, he being surety for Mr. John Bleana's appearance. " Haveing 
therefore much Biusness I have left this w**^ Edward Richards." 

John Hathorne's bill of charges, Hi. lis. lOd. 

*Summons, dated June 14, 1664, to Edmond Bridges, sr., John 
Bridges and Edmond Bridges, jr., signed by Robert Lord,t for the 
court. 

Bill of costs of Edward Bridges, sr., Ih. 8d., and of Edward 
Bridges, jr., 17s. 

Mary, wife of Nehemiah Abbott, affirmed that her husband 
gave her an order not to deliver the horse to John Bridges, unless 
he would first go to his master and dame and own before them 
what he had promised, namely, that if afterwards there should be 
but one witness found that he broke his promise in using the horse, 
it should be sufficient proof. The same day about one o'clock the 
said John Bridges came for the horse, and refusing to go to his 
master and dame, he took the horse and rode away. Sworn, 
June 27, 1664, before Daniel Denison.f 

Abraham Foster and Isaack Foster deposed that the horse of 
Nehemiah Abbott was a lusty, serviceable horse for riding and 
drawing either cart or plough, and that he ploughed his land with 
him without anyone to lead or drive him. Further, the horse had 
no disease that he knew of while he had him. Sworn, June 27, 
1664, before Daniel Denison.f 

Danill Blacke, aged about thirty-six years, testified that he 
heard Goodman Abbot say that John Bridges had his horse upon 
hire, that is three shillings for the first two days and fifteen pence 
a day after. Edmond Bridges, aged about twenty-seven years, 
deposed the same. Sworn in court. 

Daniell Warner, jr., and John Warner, jr., deposed that coming 
into the company of Goodman Bridges and his sons at Lynn about 
Jan. 7th, they observed John Bridges to be careful of the horse 
on which he rode. When they came home there was a great snow 
on the ground, and they observed that he did not beat the way. 
John Bridges' horse came very well to Goodman Putman's and 
there both he and they put their horses into the barn, and Bridges' 
horse ate hay as well as the others. After an hour they all came 
away and when they were about thirty or forty rods from the barn, 
the said horse fell down and Edmond Bridges, jr., called to the 
others who were ahead, and said "Johns horse is falne downe & 
will not rise." They went back to him and found him dead. In 
about an hour, Edmond Bridges opened the horse and the maw 
taken out near the gullet's mouth was full of red worms and there 
were many holes in the maw, which had been eaten by the worms. 
Sworn, June 27, 1664, before Daniel Denison.f 

t Autograph. 



1664] RECORDS AND FILES 161 

Capt. Paule White v. Robert Clements. Debt.* 

Mr. Charles Gott, sr., and Richard Kemball, in behalf of them- 
selves and partners, acknowledged a judgment due to the wor- 
shipful Mr. Symond Bradstreete. 

Tho. Wheeler and John Collens were sworn constable of Linn 
for the ensuing year. 

Samuell Elwell of Gloster took the freeman's oath. 

John Pickering, constable of Salem, was allowed a bill, to be 
paid by a fine, for which he was engaged to pay for another. 

Sarah How, aged about twenty years, deposed. Sworn, June 
14, 1664, before Daniel Denison.f 

Joseph Brown, aged about twenty-five years, deposed that Good- 
man Bridges, his son Edmon, and Danill and John Worner opened 
the horse, etc. Sworn, July 27, 1664, before Daniel Denison.f 

Elizabeth How, aged about fifty years, testified in substance 
as did her husband, James How. Sworn, June 27, 1664, before 
Daniel Denison.f 

James How, sr., deposed that John Bridges promised that if 
Abbott would lend him his horse, he would only go to his uncle's 
at Linn, that none should ride on him but himself, that he would 
give him corn and would ride easily, although he pleaded that he 
might ride as fast as the company. Abbott told him that he must 
not ride faster than a gentle, false gallop, though he came a mile 
behind. Further, John Bridges promised to bring the horse home 
the next Wednesday, which was Jan. 6th, and agreed to stand all 
damage, etc. Bridges told deponent that his brother Edmond 
Bridges would pay for him, etc. Abraham How testified to the 
substance of the foregoing. Sworn, June 14, 1664, before Daniel 
Denison.f 

James How, aged about thirty years, and Elisabeth, wife of 
James How, jr., deposed. Sworn, June 25, 1664, before Daniel 
Denison.f 

*Writ, dated May 25, 1664, signed by Anthony Somerby,f for 
the court, and served by Stephen Kent, constable of Haverhill, 
by attachment of the dwelling house and orchard of defendant. 

Letter of attorney, dated June 27, 1664, given by Paul (his mark) 
White of Newberry, merchant, to his loving friend, Willm. Chandler. 
Wit: Wm. Thomasf and Stephen Swett.t 

Capt. White's bill of costs, 2h. 4s. lOd. 

Willm. Chandler, aged forty-eight years, testified that he heard 
Robt. Clements own the debt of 71i. 5s. 4d. and saw him set 
hishand to the book. Also he heard him own the whole debt 
specified in the great book, amounting to lOli. 17s., etc. Sworn in 
court. 

t Autograph. 



162 SALEM QUARTERLY COURT [June 

Edward Clapp and Frances Collens presented an inventory* 
of the estate of Elizabeth Coekerill, deceased, amounting to 1021i. 
2s. Administration was granted to Edward Clapp, Frances 
Collens and Andrew Woodbery, who married the three daughters 
of said widow, who, after all just debts were paid, were to divide 
the estate among them. 

Benjamin Parmiter had his license renewed for the ensuing year. 

Theophilus Baily was licensed to retail strong waters out of 
doors for the ensuing year.f 

Symond Bradstreete, gentleman v. Mr. Thomas Andrewes, 
administrator of the estate of Corporall John Andrewes, deceased. 
Debt. Verdict for defendant. t 

Daniell Ela, aged thirty years, testified that he was at the house 
of Capt. White when Robt. Clements received those goods, on 
30 : 3 : 1662, and saw the book, etc. Sworn in court. 

*Inventory of the estate of Elizabeth Cockerell, taken June 
27, 1664, by Jefferie Massey§ and Hennery Skerry :§ One dwelling 
house & out house with a quarter of an acre of ground adjoining, 
321i. ; two Cowes & one swine, 71i. ; two feather beads with theire 
furniture, 141i.; pewter, 2h. 15s.; iron potts & hangers, fire shovell 
& tongues, 20s., 3h. 15s.; brass kettles, skellets, a candlestick & 
brass morter, lU. 15s. ; 12 yrds. osenbrige & about 20 yrds. cource 
holland, 31i. 15s.; 6 pr. of sheets, 1 doz. napkins & other linen, 12U. 
17s.; 4 yrds. broad cloath, 40s.; 2 yrds. 1-4 Carsy, 14s., 21i. 14s.; a 
black cloak, 25s., her wearing aparell, 6U. 13s., 71i. 18s.; tables, 
stooles, chaires & chests & other lumber, with 2 selves, a sword & 
old muscutt, 3U.; two bibles, lis., cash, 121i., a silver spoone, 5s., 
a ring, 12s., 131i. 8s.; total, 102H. 2s. 

fThomas Laughton,§ Thomas Marshall, § Ed. Needham,§ Henry 
Collins, § Allen (his mark) Breade, Thomas (his mark) Farrer and 
John Fuller,! selectmen of Lynn, 28 : 2 : 1664, approved of "our 
Loueing Neighbo"" Theophilus Baylye to bee a meet man to draw, 
or sell strong Liquors in our Towne, by the pynte, or quarte." 

JWrit, dated 2:2: 1664, signed by Robert Lord,§ for the court, 
and served by Robert Lord,§ marshal of Ipswich. 

Thomas Andrews' bill of costs, lU. 

Copy of Salem court record of 27 : 4 : 1662, when administration 
of the estate of John Andrews, deceased, was granted to Mr. 
Thomas Andrews, etc., made by Hillyard Veren,§ cleric. 

Corporal Andrews, before his decease, was indebted to his 
brother, Thomas Andrews, as follows : John Andrews, as executor, 
was indebted 701i. ; for forbearance of that money from Sept., 1656 
until May, 1662, five years and a half at 8 per cent, 30li. 16s. The 

§Autograph. 



1664] RECORDS AND FILES 163 

said John Andrews borrowed of his brother Thomas in the years 
1654 and 1655, as follows : Received of Mr. John Rogers, 41i. 15s. ; 
Thomas Bishop, 6U. 2s.; Sergt. Richard Jacob, 5h.; total, 15li. 
17s. ; for forbearance of this money for five years and a half, ac- 
cording to his own proffer, 161i. 19s. 6d. His son John Andrews 
was at Schole with his uncle Thomas Andrews, 3 yeers, in 1657, 
58 and 59, 6li. His son John Andrews sold for his brother, Thomas 
Andrews, a Surgeons Chest to Mr. Crosby, in the yeer 1659, for 
which he received 5U. For one Cowe's hire 2 yeers and one Cow 
1 yeer, 21i. 5s. For a Bible procured for his son John Andrews, 
6s. Total, 137U. 3s. 6d. 

Corporal John Andrews was debtor to Daniel Hovey, ten shillings 
for two bushels of malt dehvered to his son John Andrews, which 
had not been paid at Corporal Andrews' decease. Daniel Hovey 
attested to the truth of this statement, June 25, 1664, before 
Daniel Denison.* 

Copy of the inventory of the estate of Corporal John Andrews 
made by Hillyard Veren,* cleric. 

Copy of will of Robert Andrews, of Ipswich, dated Mar. 1, 1643, 
and proved 26 : 1 : 1644, in Ipswich court. He made his eldest son, 
John Andrews, his executor, and gave "unto my wife EHzabeth 
Andrews forty pounds and to John Griffin the son of Humfrey 
Griffin sixteen pounds to be paid unto him when he shalbe twenty 
one yeers of age : & if he shall dy before he comes to that age ; it 
shall returne to my two Sonns John and Thomas Andrews. Item, 
Concerning my son Thomas Andrews, my will is that he shall live 
with his brother John Andrews 3 yeers : two of which he shallbee 
helpfull to his brother John Andrews in his husbandry, and the 
last of the 3 yeers he shall go to schole to recover his learning: and 
if he shall go to the University or shall set himselfe upon some other 
way of Living, his brother John shall allow him ten pounds by the 
yeer for four yeers, and then fifteen pounds by the year for two 
yeers succeeding after. 

"Item, Concerning the fourscore pounds which is to be paid 
unto my son in Law Franklyn's daughter, EHzabeth Franklyn 
my grandchild my will is, that if she dy before the debt is due, it 
shall be thus deposed, ten pounds of it shall go to my son Daniel 
Hovey's child Daniel Hovey my grandchild : and the other seventy 
pounds shall bee divided between my two sonnes John and Thomas 
Andrews, and if those my 2 sons should dy : then thirty pounds 
of it should be divided between my 3 kinsmen, John Thomas and 
Robert Burnam by equal portions and twenty more should go to 
Humfrey Griffins two other sonnes and the other twenty shall go 
to Daniel Hovey And because my son Jn" Andrews is yet under 
age, I doe commend him unto Thomas Howlett as his guardian 
untill he shall come of age." Robert (his mark) Andrews. Wit: 
William Knight, John Whipple, Tho. Scott and Joseph Metcalfe. 

♦Autograph. 



164 SALEM QUARTERLY COURT [June 

Agreement, dated Ipswich, Apr. 2, 1641, between Robert (his 
mark) Andrews of Ipswich and Will. Franklin* of Boston. Said 
Andrews acknowledged 401i. due to said Franklin, his son-in-law, 
in part of the portion of Alice, late wife of William Franklin; the 
401i. was to be left in the hands of Robert Andrews, until Elizabeth 
Franklyn, said Alice's daughter by Franklin, arrived at the age of 
eighteen years, if she continued unmarried, and the 401i. to be 
made 801i. and to be paid to Elizabeth at seventeen if she married 
with the consent of her parents or those who stood in their place; 
that if said Ehzabeth died before the portion became due, the sum 
of 401i. was to be paid to said William Franklin and his heirs at the 
time when, if she had lived, she would have reached the age of 
eighteen; that in case Robert Andrews should survive William 
Franklin, then Elizabeth was to be committed concerning her 
education to her grandfather Robert Andrews, who "is desired 
by William Franklin y* as farre as he shall see it conducing to the 
good of the child, he would have special respect to his present wife 
Phoebe Franklyn herein, if shee continuing desirous y*. his daugh- 
ter Ehzabeth should live with her." Wit: John Norton. Ac- 
knowledged, 22 : 8 : 1647, before John Winthrop, Gov., and John 
Winthrop, jr. Copy. 

George May, with the consent of his wife, assigned to Tho. 
Andrews, 10 : 9 : 1662, whatever remained due to him upon the 
agreement, dated Apr., 1641, between her grandfather, Robert 
Andrews, and her father William Franklin. Wit: John Ratclift 
and Alice Ratclifte. Copy. 

Anthony Crosbie* certified that John Andrews, formerly of 
Ipswich, sold to him a surgeon's chest in 1659, which belonged to 
his brother Thomas Andrews, for five pounds. Sworn, June 28, 
1664, before Daniel Denison.* 

Richard Jacob* testified that in 1655 or 56, Corporal John An- 
drews received of him twenty bushels of wheat, paid to John 
Whipple by his order, at five pounds, which wheat he received of 
deponent upon his brother Tho. Andrews' account. Sworn, June 
25, 1664, before Daniel Denison.* 

Copy of Ipswich court record of Apr. 1, 1664 and May 5, in 
action of Thomas Gierke v. Mr. Thomas Andrews, administrator 
of the estate of Corpll. John Andrews, made by Robert Lord,* 
cleric. 

Thomas Marshall* and his wife Rebecca testified that since Corp. 
John Andrews had come to dwell at Lynne, the latter discoursing 
about his brother Thomas Andrews' business, told deponents that 
he had still in his hands a legacy of about sixty pounds which he 
was to pay to his brother Thomas Andrews, besides other moneys 
which he had also received of his brother Thomas. Sworn in court. 

Copy of Corp. John Andrews' rates for the support of the pastor, 
Mr. Samuel Whiting, subscribed to by the selectmen, Tho. Laugh- 

* Autograph. 



1664] RECORDS AND FILES 165 

ton, Tho. Marshall, John Fuller, Henry Collins, sr., Allen Bread, 
sr., John Hathorne, John Witt and Thaddeus Riddan, made by 
Tho. Andrews:* on — : 11 : 1661, 2U. 8s. 8d.; Aug. 3, 1660, 2H. 4s. 
6d. ; Feb. 4, 1662, for Thomas Andrews, 21i. Mr. Whiting said he 
had received a bushel of malt on account of these rates, and nothing 
else. 

Mr. John Rogers testified that Corp. John Andrews received of 
him 41i. 15s. for the use of his brother Thomas Andrews about the 
year 1656 and on 3 : 12 : 1659 gave him a receipt. Sworn, June 
25, 1664, before Daniel Denison.* 

John Payne* testified, June 25, 1664, that when Corp. John An- 
drews died he was indebted to deponent 131i., for a horse and corn 
sold him about a year before. Sworn, June 25, 1664, before 
Daniel Denison.* 

George Keysar testified that when Thomas Andrews came to 
Salem court to take administration, he would not accept it unless 
they would order him to pay no further than the estate would go. 
That he desired of the court how he should pay, whereupon Mr. 
Simonds called Major Hathorn and others of the court, told them 
and said "I say to him y* the Court cannot order him how to pay: 
Major Hathorn replyed; no, no, we cannot give him order how to 
pay, but as men did come." Sworn in court. 

Thomas Bishop* testified that in the year 1654 or 55, Corp. 
Andrews had of him in pork and a pair of boots, 31i. 2s. upon Mr. 
Thomas Andrews' account, also 31i. in beef. Sworn, June 25, 1664, 
before Daniel Denison.* 

John Chote, aged about forty years, deposed that while he lived 
with Corporal John Andrews in 1654 and 55, he heard the latter 
often solicit his brother Thomas Andrews that he might take up 
some moneys of Sergt. Jacob, Thomas Bishop and others who were 
indebted to said Thomas Andrews for teaching their children, which 
moneys Corp. Andrews desired only to borrow to improve it for 
the good of his brother. Further that said Corp. Andrews desired 
him to speak to his brother Thomas to that purpose to persuade 
him. Deponent also testified that John Andrews, son of Corporal 
Andrews, went to school with Thomas Andrews as a constant 
scholar for the space of three years, while said Corp. Andrews Uved 
at the town. Also that one of the cows which Corp. Andrews drove 
away ^vith him to Lyn in 1660 belonged to his brother Thomas An- 
drews. It was a red cow with a broken horn. Thomas Andrews 
borrowed a Bible of deponent for the use of his cousin John An- 
drews, when he began to read and he never received pay for the 
same of Corp. Andrews, deceased, but depended upon Thomas 
Andrews' promise to pay. The Bible cost him at that very time 
six shillings, but it was spoiled by the use of the said John Andrews 
Sworn, Mar. 30, 1664, before Samuel Symonds.* 

Samuel Ingals, aged about thirty years, testified that John An- 

* Autograph. 



166 SALEM QUARTERLY COURT [June 

John Godfery v. Jonathan Singletary. For withholding a bond 
of corn and wheat. Verdict for plaintiff.* 

John Godfery v. George Hadly. Debt. For thirty-three bus- 
hels of wheat which said Hadly had taken up of Robert Clements 
upon John Godferye's account. Verdict for plaintiff. Judgment 
respitted until next Ipswich court.f 



drews, son of Corp. Andrews, went to school with his uncle Tho. 
Andrews as a constant scholar for three years, while said Corp. 
Andrews Uved in the town at the White Horse. Sworn in court. 

*Writ, dated Mar. 27, 1664, signed by Hillyard Veren,t for the 
court, and served by Edward Clark, | constable of Haverhill, by 
attachment of land of defendant lying upon Meremacke river four 
miles from town, bounded by Thomas Linforth's land on the south 
and on land that was Tho. Sattswell's on the north. 

Jonathan Singletary 's bill of charges, 21i. 9s. 

Edward Gierke of Haverhill, on Apr. 6, 1660, gave bond to John 
Godfry of Andover for 161i. 2s., to be paid in twenty-one bushels 
and one peck and a half of wheat, and seventeen bushels and three 
pecks of Indian corn to be delivered at the landing place at Haver- 
ill. Wit: Robert Lord and Theophilus Willson. Copied from 
Ipswich court records of Nov. 1661, by Robert Lord,t cleric. 

John (his mark) Godfry, on Mar. 17, 1661-2, assigned this bond 
to Jonathan Singletary of Haverill. Wit: Tho. (his mark) Davis 
and Tho. (his mark) Linford. 

Abraham Whiticker and Edward Yeomans deposed that Johna- 
than Sengeltary owned that he hired eight pounds of John Godfry 
and engaged to pay thirty shillings a year. Sengeltary further 
said that Godfry did not give him the eight pounds, but he would 
pay him honestly for it, for he had the corn. Sworn, Mar. 22, 1663, 
before Daniel Dennison.t 

tWrit, dated May 23, 1664, signed by Hillyard Veren,t for the 
court, and served by Samuell Brocklebanke,J deputy marshal of 
Rowley, by attachment of six acres of defendant's land, next to 
land of Benjamin Kimball, being the west side of Hadley's land 
between the river and the upper end of his plow land, most of which 
was planted with corn. 

Georg Hadlyt of Rowly, on Mar. 10, 1657, acknowledged receipt 
of thirty-three bushels of wheat to Robert Clement, jr., upon John 
Godfrye's account. Wit: Richard Littlehale.t Acknowledged by 
Richard Littlehale, Nov. 17, 1663, before Henry Palmer, and 
William White, commissioners of Haverhill. 

Richard Littlehale and wife Mary testified that when John God- 
fry renewed his bond on Mar. 25, 1661, with George Hadly, they 
heard said Godfry demand nothing of Hadly save five shillings, 

t Autograph. 



1664] RECORDS AND FILES 167 

John Porter, sr. v. Alister Greime. Debt. For a cow. Verdict 
for plaintiff.* 

which the latter agreed to pay to Bartt. Heath upon Godfrye's 
account. Since which at the last Salem court John Godfrey would 
have sued George Hadley about a receipt of twenty bushels of 
wheat said Hadley had of Singletary upon Godfreye's account, but 
being put in mind by deponents, that the twenty bushels were 
contained in the bond, he desisted, but for the thirty-seven bushels 
of wheat which Godfrey now sued for, they knew not whether it 
were included in the thirty bushels or not. Sworn by Mary Little- 
hale, June 27, 1664, before Daniel Denison.f 

Abraham Whiticker and Edward Emans deposed that at the 
beginning of last winter, George Hadly said that he would pay 
very speedily, etc. Sworn, 12 : 9 : — , before Wm. Hathorne.f 

Edward Yeomans and Abraham Whiticker testified that George 
Hadly o-unied the bond, etc. Sworn, Mar. 22, 1663, before Daniel 
Denison.f 

Elizabeth Whitiker, aged about twenty-nine years, deposed that 
John Godfrey declared in her hearing in her husband's house that 
the writing that Godfrey had sued Hadlee upon was put upon the 
bond that was between Hadlee and himself, but, said he, ''I doe 
not questeon but geat fine pounds: out of Hadlee." Godfrey 
repeated the words twice and said that he was afraid that this 
deponent would tell Georg Hadlee and do him a mischief one time 
or another. Sworn, 27 : 4 : 1664, before Simon Bradstreete.f 

Samuell Archard, sr., deposed that he heard Georg Hadly prom- 
ise Godfery to send him in twenty bushels of wheat to Boston 
that spring. 

Rob. Clemants, aged about thirty years, testified that six years 
and a half ago he was in John Godferi's debt and desiring to pay it, 
said Godferie told him he could not receive it yet for George Hadley 
and he had not agreed. Finally he said they had agreed and that 
George Hadley had received a pair of oxen of Goodman Feaslay 
for which he was to pay Godfere, that Hadley was honest and 
would pay him, etc. Sworn, June 25, 1664, before James Davis, 
sr., and Daniell Ladd, sr., commissioners of Havhill. 

George Hadly's bill of charges, 21i. 7s. 

*Writ: Mr. John Porter, sr. v. Alhster Greime, debt; for a cow; 
dated 20 : 4 : 1664; signed by Hillyard Veren,t for the court; and 
served by John Pickering,! constable of Salem, by attachment of 
a cow of defendant. 

Joseph Porter, aged about twenty-six years, deposed that Allis- 
ster Grimes bought a cow of his father and was to pay six pounds 
at Mr. Browne's shop. William Sha testified the same. Sworn 
in court. 

f Autograph. 



168 SALEM QUARTERLY COURT [June 

Mr. Thomas Broughton and Lieft. Rich. Cooke v. Mr. Symond 
Bradstreete. Review of a case tried at Ipswich county court, 
29 : 7 : 1663. Verdict for plaintiff. Court did not accept this 
verdict.* 

John Porter's! bill of charges, Hi. 2d. 

*Richard Cooke petitioned to the Ipswich court, Sept. 29, 1663, 
that on the first day of the suit against him, commenced by the 
Worshipful Mr. Symond Bradstreete, it happened that he was 
taken very sick and incapacitated for preparing or going to answer 
the complaint and desired the benefit of the law as on page 3, title, 
appearance, non-appearance. Copy made Nov. 17, 1663, by 
Robert Lord,t cleric. 

John Winthrop and John Clarke, on Sept. 26, 1663, testified 
concerning Mr. Cooke's ability to travel that it was not only the 
sickness that he mentioned, but there was another more dangerous 
infirmity of body upon him at that time, which prevented him 
from travelling without danger to his health, "and that by reason 
of a very large tumor Rissen upon him in a dificult place doe testify 
that he is not in a condition fitt for travill at this time." Copy 
made 17 : 9 : 1663, by Robert Lord,t cleric. 

Richard Cooke's bill of costs, Hi. 7s. 8d. 

"M'' Stileman I pray receive for me fortie thousand Foote of 
good Mc'^h*ble boards If Lef* Cooke will dehu"" them to you this 
Weeke or the next Soe as they may be ready for my use upon de- 
mand Receiue all or none within the time Limitted & I shall re- 
maine 

"Yo'' very Louing Friend 
"Andou^ 13 : 6 : 59 Simon Bradstreete."! 

Upon agreement with Left. Cooke the attachment was released. 
Copy made by Elias Stileman.f 

Richard Walderne testified, 16 : 7 : 1663, concerning the sale 
of the boards. Copy made, Nov. 17, 1663, by Robert Lord,t 
cleric. 

"Sir I re yours but last night in the evening at 9 of the clock & 
the next morneing went about them to answere your desires they 
come to five shilling. 

"Yours 

"Robert Lord.f" 

Writ: Mr. Simon Bradstreet v. Mr. Thomas Broughton and 
Lieft. Richard Cooke; for non-performance of a covenant con- 
cerning the shipping of 40,000 feet of pine boards for the Barba- 
does upon half freight; signed by Thomas Danforth, for the court; 
and served by Richard Wayt, marshal of Boston, by attachment 
of half the warehouse at Centre Haven, with the land. Copy 
made, 17 : 9 : 1663, by Robert Lord,t cleric. 

t Autograph. 



1664] RECORDS AND FILES 169 

Wm. Hathorne,* on 1:5: 1664, attested that he heard Mr. 
Bradstreet demand of EHas Stillman the 40,000 of boards which 
he was to receive of Lieft. Cooke, and his answer was that he had 
none nor never received any, and to this purpose he deposed before 
him some months since. Daniel Denison* attested to the same. 
Sworn in court. 

Agreement between Thomas Broughton and Richard Cooke and 
Symon Bradstreete. Copy made, 17 : 9 : 1663, by Robert Lord,* 
cleric. 

Copy of Ipswich court record of Sept. 29, 1663, in action of 
Bradstreet v. Broughton and Cooke. Copy made, 17 : 9 : 1663, 
by Robert Lord,* cleric. 

Peter Coffin,* aged thirty years, deposed on June 19, 1660, that 
the last August he was ordered by Lt. Richard Cooke to deliver 
to Mr. Elias Styleman 40,000 feet of pine boards on account of Mr. 
Symon Bradstreete. When he went to deliver them Mr. Style- 
man's answer was that he had received orders for the boards and 
had been at the mills to which the orders were directed. There 
he found boards enough but could not get hands to lay them by. 
Deponent asked him what he would do with them and he said that 
he would not receive them until he had an opportunity to dispose 
of them. Deponent further testified that the usual custom of 
delivering boards at the mills in Piscataq river was to take account 
of them as they arise off the pile and then shoot them down into 
the water as they were rafted by those who received them, but not 
to lay them by upon the land unless the receiver procured men to 
do it. Sworn, 23 : 8 : 1663, before Anthony Stoddard,* com- 
missioner. 

Nathanyell Hathorne, aged twenty-four years, testified that he 
drew the following account out of Mr. Nathaniell Bisco's books, 
it being an account of the sale of a parcel of goods per the Black 
Lyon, said Hathorne keeping the said book at that time. Sworn, 
21 : 9 : 1663, before Anthony Stoddard, commissioner. Copy 
from the original, which was delivered to Leift. Cooke, made by 
Hilly ard Veren,* cleric. 

Goods for the account of Messers. Walter Price and Richard 
Cooke, 1-2 as trustees for the affaires of Tho. Broughton and the 
other half for the account of William Bartholomew, Thomas 
Brattle and Antipas Boyce as attorneys to the trustees for the 
affairs of Peeter Cole, Dr. : To charges at landing a pcell of Boards 
& staves rec. from New England by ye Black Lyon, John Webber 
Master, according to Elias Stilemans Invo. dated in Pascataque 
24 August 1659, 1727 Boards cont. in feete 37,216 at 50s. p M., 
93H. Is.; 1 M. 5C. 90 or 1890 pipe staves at 4h. 10s., 7n. Is. 9d.; 
5 C. 38 or 630 hhd. staves & heding, lU. lis. lOd.; total, lOlU. 
14s. 7d. To Charges of landing & pifing boards & staves, 570; to 
comission at 5 per cent., 1,799 1-2; Rest due to Messers. Richd. 

* Autograph. 



170 SALEM QUARTERLY COURT [June 

Cooke, Walter Price, Wm. Bartholmew, The. Bratle & Antipas 
Boyce as above, 33,617 li. sugers to ballance when the Dts. are 
fully reed, which I carry to theire accots, 33,617; total, 35,986 
1-2. Account dated Barbadus June 1st, 1660, and signed by 
Nathanyell Briscoe. Copy. 

Creditor: Jan. 13, 1659, by James Murrow, 5 boards, 100 feete, 
2,350 pipe staves, 412 hhd. staves & heading, 2,700 sugers; by Ed- 
ward Harrison, 200 hhd. staves & heading, 130 sugers; by Thomas 
Wiltshire, 120 boards, 2,699 1-2 feete, 2,296 1-2 sugers; by Peeter 
Bartiboe, 83 boards, 2,039 feete, 1,834 1-2 sugers; by Roger Lovell, 
332 boards, 7,138 1-2 feete, 6,425 sugers; by John Sampson, 38 
boards, 922 feete, 830 sugers; Jan. 16, by Jonathan Ridgwaye, 14 
boards, 299 feete, 270 sugers; Jan. 17, by Thomas Page, 66 boards, 
1,487 feete, 1,343 sugers; Jan. 18, by Henry Feake, 21 boards, 454 
1-2 feete, 410 sugers; by Giles Ellen, 25 boards, 532 feete, 532 
sugers; Jan. 19, by John Pearce, 53 boards, 1,106 feete, 993 sugers; 
Jan. 21, by Jeremiah Eggenton, 153 boards, 3,612 1-2 feete, 2,705 
sugers; By Thomas Butcher, 6 boards, 110 feete, 110 sugers; Jan. 
23, by Timothy Crowther, 53 boards, 1,062 feete, 852 1-2 sugers; 
Jan. 25, by Thomas Read, 23 boards, 499 feete, 499 sugers; by 
George Birkehead, 55 boards, 1,258 feete, 1,132 sugers; by Robert 
Pickford, 153 boards, 3,254 feete, 2,929 sugers; Jan. 26, by Thomas 
Burnham, 74 boards, 1,534 feete, 1,381 sugers; Feb. 2, by Thomas 
Hooper, 71 boards, 1,506 feete, 1,506 sugers; Feb. 3, by Henry 
Batson, 45 boards, 962 feete, 866 sugers; Feb. 9, by Barthmew 
Washington, 18 boards, 388 feete, 388 sugers; Feb. 11, by James 
Cacill, 19 boards, 434 feete, 392 sugers; Feb. 15, by Thomas 
Gloyne, 5 boards, 100 feete, 100 sugers; by Wilham Craly, 11 
boards, 203 feete, 203 sugers; by John Crisp, 25 boards, 600 feete, 
540 sugers; Feb. 17, by Andrew Patton, 45 boards, 1,000 feete, 
1,000 sugers; Feb. 18, by Richard Glascock, 30 boards, 597 feete, 
597 sugers; by Lt. Coll. Jon. Read, 45 boards, 992 feete, 893 
sugers; Feb. 25, by Wm. Phillips, 1 board, 18 feete, 18 sugers; 
Feb. 27, by Thomas Hinchman, 1 board, 12 feete, 12 sugers; by 
cotten woole, 4 boards, 74 feete, 74 sugers; Mar. 2, by Tho. Pow- 
drill, 67 boards, 1,326 feete, 1,194 sugers; Mar. 15, by Henry Strowd 
4 boards, 77 feete, 70 sugers; Mar. 26, by John Greeke, 5 boards, 
50 feete, 50 sugers; by Humfry Davenport, 50 boards, 950 feete, 
618 sugers; by suger, 6 boards, 116 feete, 93 sugers. Total, 1,731 
boards, 37,512 feete, 2,350 pipe staves, 612 hhd. staves and head- 
ing, 35,986 1-2 sugers. 

"Piscattaque River y® 18 June 1660. 
"L* Cooke 

"Sir Concerning yo'' request, to Informe you how I acted 
about m'' Bradstreetes boards. This is my Answ'', that yo'' self 
bringing me an order from under his worships hands, to receiue 
from yo" for his use, fortie thousand Foote of merch* boards, I 
pceeded in & aboute ye p'"mises as foUoweth, Haveing for the 



1664] RECORDS AND FILES 171 

Nicholas Manning acknowledged judgment to Hillyard Veren, 
to be paid in specie according to bill. 

Goodman Axy of Lynn was freed from common training, paying 
12d. per annum for the use of the company. 

William Edmonds had his Hcense renewed for the ensuing year. 

William Symonds was allowed costs in an action brought by 
Jon. Godfery, the latter not appearing to prosecute. 

Edmond Bridges, the elder, and Edmond Bridges, the younger, 



accomplishment heareof received two orders, the one from Cap* 
Pendleton the other from M"" MuUins, I forth with went up to those 
mills the orders directed unto, & shewed my orders for the boards 
mentioned, which were owned by them directed too, but for want 
of hands, which I could not gett, I could not draw them forth to 
lay them by, but seeing boards enough under hand at those mills, 
my orders for them being good & withall they pmising me that I 
should have them, when I caled for them, I thought it best to 
pvent cost & charge vnto m'' Bradstreete to lett them ly together 
in the heape untill I had opertunytie to dispose of them according 
as I had directions from m'' Bradstreete to ship them for Barbados 
the one halfe for the others fraight and accordingly I Indeauored 
to gett shipping for them as if they had beene my owne a thousand 
times but could not ataine it from that time unto this, excepting 
one time, some pbabilytie with Capt. Piles at three fifts w'^'^ I durst 
not take him at, because my order was to ship the one halfe for the 
other, I have noe more at p^'sent but that I am 

"Yo" to Comand 

"Ehas Stileman.f" 

Copy from the original, which was delivered for Lt. Cooke's 
use, 20 : 6 : 1664, made by Hillyard Veren,* cleric. 

Richard Walden, aged about forty-eight years, deposed that he 
received an order from Capt. Pendleton in 1659 to deliver a quan- 
tity of boards to Mr. Bradstreete on account of Mr. Broughton 
and Lt. Cooke. Meeting Mr. Bradstreete at Boston, deponent, 
having a ship to load boards, desired to buy 40,000 foot of boards 
of him, but he said he would send them himself, one-half for the 
other. Then deponent tended to ship them, one-half for his ac- 
count, and to pay him for 20,000, whereupon he said that he could 
not make a bargain for he had not heard from Mr. Styleman. The 
latter afterward told deponent that he was afraid that there would 
be damage in carrying them dowTi the river, and that many would 
be stolen, also those who ship boards in Piscataq. river suffer much 
damage by splitting, breaking and loss, besides the cost of rafting 
and carrying, which was usually 4s. per 1000, etc. Sworn, 16 : 9 : 
1663, before Anthony Stoddard,* commissioner. 

*Autograph. 



172 SALEM QUARTERLY COURT [June 

were allowed costs in an action brought by Nehemiah Abbot, the 
latter not appearing to prosecute. 

Thomas Joanes was allowed costs in an action brought by John 
Hodgkins, the latter not appearing to prosecute. 

John Pearce, one of the grand jury, dissenting from the rest of 
the jury in their verdict and not giving the court satisfactory 
grounds, was bound to appear at the next General Court to answer 
for his obstinacy. 

Mr. Edmond Woodman, Capt. Will. Gerrish and Mr. Nicholas 
Noyce, chosen as commissioners to end small causes for Newberye, 
were confirmed by the court. 

The request and petition of Joseph Bowed to the selectmen of 
Marblehead for liberty and their approbation of him to retail strong 
waters, having been consented to by the selectmen, was confirmed 
by the court.* 

John Eggon complained of being abused by being sold to several 
masters, with several years added, more than of right ought to be, 
and court ordered all such sales to be void, allowing only the first 
covenant and indenture made wdth Mr. Anthony Ashby, which 
was for six years, so far as said Maxell had power to dispose of 
him.f 

*"The omble Requeste of Joseph Bond to y^ seleckt men of y® 
towne is that wher as I being a distiller of liquer by trad and having 
no other way nor imploj^ment to maintaine my wife and famely by 
but by distilling of Liquer therfor It is my ernist Request that j^ou 
will guie your Consents to y*^ honorid Corte now siting at Salem 
wher by I may sell my liquer by Ratall for feaue Cann by a qrtr 
Cask at a time being pore men generly without Ronging them 
selves and famelies thus hoping you will Commiserat the estate 
of your pore naiber and || his || family shall be euer Rady and 
willin to serve you and the plantation so fear as my ability shall 
Reach." 

Moses Mavericke,! Cristop' (his mark) Latemor and John (his 
mark) Codner, selectmen of Marblehead, consented to the request. 

fJohn (his mark) Eggon, agreed, on Dec. 20, 1663, having been 
on a two months' trial with Isaac Foster, intending to live with 
him seven years, but not liking the place so well as his former 
master's to return to his master West and serve him or his son one 
year more besides the seven, provided '' that he doe not at any tyme 
within the terme sell me to any other man." Wit : Willm. White| 
and Isaac Foster. | 

t Autograph. 



1664] RECORDS AND FILES 173 

Mary Barnes, relict of Thomas Barnes, deceased, presented an 
inventory* of her husband's estate, amounting to 217li. 5s. 9d., 
which was allowed. Said Mary was appointed administratrix, 
the estate to remain in her hands, and she to pay to Benjamin, son 
of the deceased, 601i., at the age of twenty-one, and 301i. to Mary, 
the daughter, at the age of eighteen or time of marriage. The 
dwelling house and ground adjoining were to remain for security. 

*Inventory of the estate of Thomas Barnes of Salem, deceased, 
taken 12 : 11 : 1663, by Walter Pricef and Elias Stileman,t and 
proved by oath of the widow: A dwelling house & orchard, shop 
& outhouses, lOOU.; 5 acres of upland in south feild, 8h.; 1 horse, 
81i.; 1 Cow, 41i.; 1 swine, 15s. In ye shopp, 9 chaldr. of Coles, 
20h.; 18 C. of Iron in ye shopp, 221i.; 2 Ankers, 2H.; in smithes 
tooles, 181i. Is. 6d.; a malt mill, 15s. In ye hall, 1 feather bed, 
boulster & pillow, 41i.; 1 green rugg, 10s.; 1 pr. blanketts. Hi.; 
Curtaines & vallance, Hi. 10s. ; 1 bedsteed, IH. 15s. ; 1 feather bed 
& boulster more, 21i. 10s. ; 1 rugg green. Hi. ; 1 pr. of wt. blanketts, 
Hi. 10s.; 1 trundle bed steed, 5s.; 1 settle & wainscot Chest, Hi. 
10s.; 1 Court Cubbard, 12s.; 1 deske & box, Hi.; 2 tables, 10s.; 
3 Joyn stooles & 1 forme, 8s.; 7 chaires, 7s., 1 Jack, 15s., Hi. 2s.; 

1 pr. of doggs & pr. andirons, old, 6s. ; 2 hakes, tongs, fire shovell 
& spit, gridiron & Lanthorne, 12s.; 1 Cubard cloth & cushion; 2 
Windo Curtains, 12s.; pewter. Hi. 10s.; erthern waire & glass 
bottles, 10s. ; 1 warming pan & smothing Iron, 10s. ; 1 brass Kettle 
& chaffing dish, 21i. 15s. ; 1 silver dram Cupp, 5s. ; 2 Iron Kettles & 
a brass skillet, 12s.; 1 case of Knives, 4s.; 1 Looking glass, 12d. & 

2 dos. trenchers, 2s., 3s.; 3 bookes, 8s.; 1 baskett, 18d., case & 
bottles, 14s. 6d. ; 1 Gutless, 1 sword, 1 pr. pistolls, 2 belts & 1 old 
saddle & bridle, 21i. ; 9 spoones, 3s., 2 brushes, 4s. ; waring apparrell 
llli. 4s.; 17 napkins, 25s., 2 tableclothes, 5s., Hi. 10s.; 8 pillow 
beares, 15s., 1 fine table cloth. Hi. In ye parlour, 1 feather bed 
& bolster rugg & 2 blanketts & bedsteed, curtaines, vallance, 51i. 
10s.; 1 settle, 3 chaires, 1 chest, 16s.; 10 pr. sheetes, 51i.; 6 boul- 
ster cases, 12s.; Course towells & old Napkins, 10s.; earthen 
waire in a case, 5s.; a Window Curtaine, Is. In ye Kitchen, 2 
old brass Kettles, 6s.; 2 Iron potts & chaffing dish, 12s. 6d.; 1 
brass & 2 Iron skilletts, 10s.; a frying pan. Ladles & scumer, 4s. 
6d.; a pestle & morter & 2 selves, 4s. 6d.; 1 Cullendr. & 2 pud 
panns, 4s.; earthen waire, 10s.; wood, boules, pailes & Kellers, 
10s.; a sifting trow, 4s. & a Lampe, 5s. In ye Hall Chamber, 1 
chest, 4s. & a Cradle, 5s., 9s.; 2 Spining wheeles, 6s.; a pilUon & 
Cloth, 15s.; a halfe headed bedsteed & an old flock bed, two blan- 
ketts & Coverlett & matt. Hi. 10s.; a bed case & matt & pillow, 
6s.; 3 pillow^s & 1 pillow beare, Ifi.; 2 musquets, 15s. ; 1 pr. of shirt 

t Autograph. 



174 SALEM QUARTERLY COURT [June 

Leift. Tho. Putnam and John Porter, sr., were appointed to lay 
out and bound, in convenient time, the thirds of a farm of WilUam 
Cantlebury, deceased, according to the will and inventory, for the 
use of Bettrice, the widow. 

Richard Waters had his license renewed. 

Robert Lemon, presenting an inventory* of the estate of Grace 
Sollas, widow, late deceased, amounting to 113Ii. 13s. 3d., which 
was allowed, was appointed administrator of the estate. He was 
ordered to pay to her son Thomas Sollas, 301i. at the age of twenty- 
one years, to son Robert, 15li., to daughter Mary, 15li. at age or 
marriage, and the survivors to have the deceased childrens' por- 
tions, if any die before they come of age. 

buttons, 3s.; 1 yere & 5 mo. in a servant, 5li.; Lumber, 5s.; debts 
owing & Iron bak and an ould Kitle, 94h. 14s. 3d.; total, 337U. 
18s. 9d. By Severall men unto whome the Estate is Indebted, 
120li. 13s. 

♦Inventory of the estate of Grace Sallowes, deceased, taken 
June 29, 1664, by Thos. Picktonf and Thom. Rootesif One house 
& an akre & halfe of land, 60h.; one cowe, 4li. In the parlor, one 
feather bed, 2 bolsters, 2 pillowes, one pare of white blankets, a 
blew Rugg, a straw bed, Curtaines & valence & bedsted, 81i.; a 
Court Cubberd, 12s.; a wainscot Chest, 10s.; a table & Joynt 
stooles, 9s.; a Carpet, 9s.; 3 boxes & 3 Chaires, 8s.; a warming 
pan, a paire of tonges & fire shovell, 8s. ; a cushion for a Cubberd's 
head, Is. In the hall, 1 old feather bed, a paire of blankets, a 
feather bolster, a canvas bed & bolster case, a greene Rugg, a bed- 
sted, curtaines & valance, 51i. ; a paire of blankets, a feather pillow 

6 a canvis bedcase. Hi.; a settle & 9 Chaires, 13s.; 6 Cushions & 
2 feather pillowes, 10s. ; 2 hakes, a paire of tongs, a spit & grediron, 
6s. ; a frying pan & smoothing Iron, 2s. 6d. ; 2 Iron pots, an Iron 
kettle & skillett, 14s.; 2 brasse kettles & 2 skillets, Hi. 6s.; a look- 
ing glasse & a Jugg bottle, Is. 6d.; 2 bookes of mr. burroughes & 
2 psal. bookes, 10s. ; a brush & 2 paire of pott hookes, 2s. 9d. ; ware- 
ing Clothes, 3U. ; 9 pewter dishes, 1 bason, 2 small Basons, 2 quart 
pots, 8 porringers & 4 spoones, one beaker & a boule, 1-2 pint pot, 

7 sawsers, 2 salts. Hi. 15s.; a brasse candle stick & 2 brass ladles, 
5s. ; Latten ware, 3s. ; lisbone ware & glasses, 10s. ; 2 dozen trench- 
ers & 6 spoones. Is. ; 15 wooden dishes & 3 trayes, 5s. ; 3 sieves, 
2 Chests, a small table, 13s.; a musket, 10s.; 2 baggs & old sea- 
beds & bedding. Hi.; 13 sheets, 31i. 10s.; 3 kalico table cloathes & 
one ozingbrig, 15s.; 2 old Cubberd cloathes, 6 lockrom napkins, 
8s.; 12 pillowbeires, Hi. 3s.; 15 towells & a table cloath, 14s.; 5 
shurts & a dimity waiscoate, Hi. 10s.; 2 old axes & wedges & 

t Autograph. 



1664] RECORDS AND FILES 175 

Widow Bullock, presenting the will* and inventor}^ of her 
husband, Henry Bullock, deceased, they were proved and allowed. 

earthen pots, 8s. ; in lumber as old barrells & tubs & pailes, 10s. ; 
a basket & 2 old ones for hnnen, 3s. ; in a pt. of stage & house at 
the misery. Hi. 10s.; 4 Codlines, 2 pare of snuds & a portagall cap, 
10s. ; a dozen of handkercheifes & 6 bands, 10s. ; 6 pare of stockins 
& a spinning wheele, 12s. & a pestill & morter of Brasse, 2s. The 
womans childs cloathes, Childrens small linnen. Hi. 10s.; a silke 
skarfe & hood, 12s.; 3 white aprons & weareing linnen, 21i. 5s.; 3 
sutes of womens apparell, 31i.; a bareing blanket & Childes weare- 
ing Cloathes, 15s.; total 113h. 13s. 3d. Estate was debtor to Mr. 
Browne, ISh. 15s. lOd.; to Will. Allen, 16U.; total, 34h. 15s. lOd. 

*W111 of Henry Bullock of Salem, dated Dec. 21, 1663, was 
proved 29 : 4 : 1664. He bequeathed "to Ehsabeth my wife, my 
dwelling house and out houses therevnto belonginge with all the 
land adioyninge vnto it, which is about eight acres more or lesse. 
Item I giue vnto Elisabeth my wife 4 acres of meadow, lyinge in 
the broad meadow that bordereth on the farme that was giuen to 
mr Bishop all the which houses and lands she is quietly to enjoy 
the tearme of her life Item my wil is that after the decease of my 
wife the lands and houses aforesayd be giuen vnto my grand child 
John Bullocke the son of my son Henery BuUocke deceased If he 
so long shal hue & if the lord shal take him away before he come to 
the age of 21 yeares then I giue the sayed houses and lands to his 
sister Elisabeth Bullocke & if she dy childlesse I giue the sayd 
houses and lands to my son Thomas Bullocke & his heyres Pro- 
uided Notwithstandinge that in case my wife continue in her 
widdows estate & shal want for her necessary mayntenance then it 
shal be lawful for her to make sale of the houses and lands afore- 
sayed giuen vnto her & then only what cloth remayne of my estate 
at her decease shal be giuen vnto my two grand children aforesayd 
to be equally deuided Item I giue vnto John Bullocke aforesaid 
after the decease of my wife the bed where on I doe commonly ly 
& the funiture there unto belonging which my vnie is to keepe in 
reperatione duringe the tearme of her life Item I giue vnto my 
son Thomas Bullocke ten pounds to be payd vnto him on yeare 
after my decease If he come to demand it 

" Item : In case my wife shal haue no cause to sel the sayd house 
& land for her necessary mayntenance but do leaue them to my 
grand childe John Bullocke as aforesayde then my will is that he 
shal pay vnto his sister Ehsabeth Bullocke halfe the worth of the 
sayd house and lands as they shal be indifferently valewed by two 
indifferent men. Item my wil is that If eyther of my grandchildren 
should depart this life vnmaryed & before they come to age that 
which I haue giuen to that 1| departed || shal be giuen to that W^ 
doth surviue & in case they both depart this life before they come 



176 SALEM QUARTERLY COURT [June 

Tho. Marshall had his license renewed to draw wine and liquors 
for the ensuing year. 

Widow Jackson, formerly the wife of Mr. William Goose, was 
not capable, owing to her present distemper of head, to look after 
herself. Her estate was inventoried* and amounted to 141i. 12s., 
which was to remain in the Salem selectmen's hands, and to be 
used for her necessary expenses. 



to age then that w*^^ I haue giuen them shal be giuen to my son 
Thomas 

" Item my will is that in case my wife shal sue for her therds in the 
land I gaue vnto my son Henery & w"^ is sould vnto Henery Cooke 
that then it shal be lawful for the heyres of my son Henery to take 
possession of the house & land aforesayd giuen to her Item I 
constitute Elisabeth my wife Executrix of this my last wil & testa- 
ment & Willyam flint & Nathaniel Felton ouerseers of my wil 
& giue to each of them 20^" Henery (his mark) Bullocke. 
Wit : John Pudne,t Thomas (his mark) Smal and Nathaniel 
Felton. t 

Inventory of the estate of Henery Bullocke, late deceased, 
taken Jan. 4, 1663, by Thomas Gardiner, sr.,t and Nathaniel! 
Felton :t His dwellinge house & outhouses with the land thereunto 
belonging, 401i.; 4 acres of meadow, 51i.; 2 Cowes, 51i.; 3 smal 
swine, Hi. 8s.; 8 feather bed & bolster, 1 greene Rug, 2 blankets, 
3 pillows, 1 Coverlet, 81i.; 1 flock bed & bolster, 3 Gotten blankets, 
1 pillow, 2H. 10s.; 5 Sheets, 2h. 10s.; 2 old chests & 2 boxes, 12s.; 
a bedstead, 6 chayers, 12s.; 6 li. yarne, 5 li. cotton, 13s.; scales 
& weights, 5s.; 3 brasse ketles. Hi. 10s.; 2 Iron pots, 15s.; Peuter, 
12s. ; a warming pan, 4s. ; a morter & pestle, a fyre shovel & tongs 
& a halve, 5s.; a fryinge pan, a chafendish and old candlesticke, 
5s.; a bedstead & old tubs, 10s.; a bucken tub & 2 payles, 5s.; a 
spade, 4 wedges & ax, 7s.; old Lumber, 10s.; his wearinge apparel, 
51i.; total, 761i. 13s. Grediter per John Sutchicke, 41i.; John 
Upton, 4H.; Willyam Flint, 91i. 12s.; Nath. Felton, 4h. 10s.; 
Isacke Gooke, 41i.; total, 261i. 2s. Sum total, 991i. 15s. Debter 
to Gaptayne Gorwinne, lli.; the charges of his burial. Hi.; in other 
smal debts. Hi.; total, 31i. 

*The inventory of Wm. Goose's estate found in the hands of 
Mary Jackson, widow, taken June 28, 1664, by Jefferie Massey,t 
Thomas Jeggellsf and John Pickering if A dwelhng house, with 
an acre of upland belonging, SOU.; an ould feather bed, 1 boulster 
& 2 small pillowes, an ould Rug & an ould blankett, 4h.; a httle 
table & 3 ould Gheares wth. a deske, 10s.; total, 541i. 10s. 

Paid by the town of Salem for the relief of the relict of Willm. 
Goose, deceased, from 1656 to 1663, 391i. 18s.; rest to the estate 

t Autograph. 



1664] RECORDS AND FILES 177 

Joseph Williames, bound to answer to a complaint for stealing 
forty-one and a quarter bushels of wheat from George Gardner, 
and confessing, was ordered to pay said Gardner three-fold, to be 
severely whipped the next lecture day or pay a fine of five pounds.* 

Mr. Lattamore was allowed to keep an ordinary and draw wine, 
being chosen by consent of the to^Tismen of Marblehead.f 

John Bartoll, chosen by Marblehead for clerk qf the writs, was 
allowed and confirmed. 

Mr. John Blany acknowledged judgment to Mr. John Hathorne. 

Inventory! of the estate of Henry Harwood, late deceased, to- 

of Will. Goose, 141i. 12s. Taken out of Salem town records by 
Edmond Batter, § for the selectmen. 

Court was informed that Mr. Goose died many years ago and 
there was no will found or proved or administration granted, etc. 
Copy from the court book, made by Robert Lord, § cleric. 

Mr. Batter was chosen to appoint some meet persons to make 
an inventory, by the selectmen of Salem, Wm. Hathorne, § William 
Browne, § George Corwin,§ Walter Price§ and Henry Bartholmew.§ 

*" I fined him 40^ to the County, but if the Court judg this lesse 
then meet," he was to be bound for appearance. Edm. Towne,§ 
surety. 

fMoses Mavericke,§ John (his mark) Codnar, Lot Conant§ 
and John Bartoll, § selectmen of Marblehead, on 28 : 4 : 1664, sent 
their written approbation of his appointment to the court. ^ 

^Inventory of the estate of Henry Harwood, late of Salem, 
deceased, taken 10 : 1 : 1663-4, by Joseph Grafton,§ George Gard- 
ner,§ John Gardner§ and Henry Bartholmew:§ A dweUinge house 
with outhousinge and three akers of lande belonging, 501i.; ten 
akers of lande in the south field, 201i. ; five akers of lande on Darbie 
forte side, 51i.; two Cowes, 9h.; nine ewe sheepe, one wether, and 
10 lambes, 7h. 10s. ; one sAnne, 15s. In the inner Rome, 5 pewter 
plattrs, 17s. 6d. ; one pewi^er bowle, one beaker, 2 bras candlesticks 
and 3 poringrs, 15s.; 17 peecis of blew and wt. earthware, 8s. 6d.; 
3 p. of sheetes, 1 duzzen of napkins, 31i.; 2 smale table clothes and 
2 half sheetes, 10s. ; 4 pillowbeares, a towell and a napkin, 16s. ; 
bands and shifts and other small linen, 21i. 10s. ; one feather bed, 
2 bolsters, 2 pillowes, a Rugge and blankett, 71i. ; wearing apparrell, 
41i. ; 2 blanketts, 14s. ; a table and frame, 6 stooles, 1 chest and 
trunke, 3 boxes and a cup boord, 31i.; 4 chaires, 3 cussions, and a 
basket, 12s. In the midle rome, one feather bed, 2 bolsters, 2 
pillowes, a Rugge and curtaines, 71i.; 6 p. of sheetes, 1 p. cotton 
sheetes, 51i. 10s.; 2 table clothes, 18 towells, Ih. 4s.; a table and 
frame, 3 chaires and three chests. Hi. 5s.; 3 brass ketles, 3 brass 

§Autograph. 



178 SALEM QUARTERLY COURT [June 

gether with a declaration of the will* and mind of deceased, signed 
and attested by Mr. John Higgeson and Mr. Henry Bartholmew^ 
were presented to this court. Administration of the estate was 
granted to the widow, and it was ordered that the estate remain 
in the widow's hands for her use for life. At her death, the housing 
and land was to go to Jane Flinder, wife of Richard Flinder, the 
kinswoman of said Henry Harwood, and the rest of the estate to 
Elizabeth, wife of Mathew Nixon, her daughter. If the widow 
should be in want, she had liberty to sell any part of the estate. 
"The will & Inventory filed up in the court records O"^" 71 with 
other papers concerned." 

John Bly and his wiie Rebecka, being presented to this court 
for incontinency before marriage, were fined 41i. and ordered to 
give security to the marshal by the next lecture day for payment 
of said sum at or before next Salem court or else on the said lecture 
day to be whipped. 

Mr. John Gifferd had liberty granted him to draw and sell wine 
and liquors for the use of his workmen. 

skilletts and a warminge pan, 31i.; 4 pewter plattrs., 2 basons, 
2 qua. potts and a chambr. pott, Hi. 5s. ; a brass chafinge dish and 
morter, 10s. ; for bookes. Hi. ; two musketts and a Javelin, Ih. 5s. ; 
fire shovell and tongs, a pr. Andiron, a gridiron, a spitt, 2 p. pot 
hangrs., Hi. 10s. In the Kitchin, three Iron potts, a ketle and 
scillet. Hi. 10s.; earthen panes and tubbs and trayes and other 
lumbr, Hi. 10s.; debts, 8U. 17s. 6d. In the Chamber, 2 flock beds 
with the Coveringe and aptenancis, 21i. 10s.; Indian and English 
graine, 2li.; ould Iron and other lumber, Hi. 10s.; leather shooes 
and bootes, 5li. ; shoemakers tooles and a graplin. Hi.; total, 163li. 
14s. 6d. Debts, a legise to Mathe Nixons wife, 51i. ; other small 
debts, 51i. 

Copy of Salem court record of 28 : 4 : 1664, made by Steph. 
Sewall,§ cler. 

*The nuncupative will of Henry Harwood of Salem: "29th 
4th m" 1664. Wee whose names are here vnderwritten, do witnesse 
y* being desired by bro: Harwood (y* afternoon before his death) 
to be with him to help to make his will, he did then expresse him- 
selse for y^ substance thus that it was his will, y* his wife should 
have the vse of his whoU estate while she lined, & after her deceas 
it should be diuided between his wiues daughter Elizabeth Nixon, 
& his Kinswoman, onely one legacy he expressed his will to giue 
to y*^ church viz foure pound to y® Church to help y*" poor in bear- 
ing the charge of the Lords Supper, this had then been written 
but for some interruption; he saying he would take another time 



1664] RECORDS AND FILES 179 

Will* of Samuell Beadle, deceased, was proved by Mr. Walter 
Price and Hilliard Veren and an imperfect inventory was presented. 
Administration was granted to Samuell and Nathanyell, sons of 
Samuell Beadle, deceased, who were to perfect the inventory and 
bring it into Salem court. Mr. Walter Price, the executor named 
in the will, refused to serve. 

Court ordered that the estate of houses, lands, etc., of George 
Chin, deceased, in the hands of John Codner, said Chin's successor, 
be given to said Codner, in consideration of bringing up the child- 
ren of the deceased, and paying his debts.f 

Mr. John Gidney had his license renewed for drawing wine and 
keeping an ordinary. 

Mr. John Ruck had his license renewed for keeping an ordinary 
and drawing wine. 

Samuell Archard, the marshal, being presented for being dis- 
guised with drink and it being proved that he was distempered 

for it, neither he nor we thinking he had been so near to his end. 
John Higginson,t Henry Bartholmew.J 

"I Henry || Bartholmew || haue subscribed to what is aboue 
written onely that pticuler of devidinge the estate betweene his 
kinswoman and his wiues daughter but in discource it did appeare 
to me it was his minde to giue her a pt of his estate after his wiues 
decease Henry Bartholmew.f 

*Will of Samuel Beadle of Salem, dated Mar. 12, 1663-4. He 
bequeathed "vnto my Son nathanyell Beadle ten shillings : it be- 
ing as much as I conciud convenyent vpon divers good considera- 
tions also with respect to what I haue alredy don for him. It I 
giue to my daughter Dorithy forty shillings For the rest of my 
estate, moueables and vnmoueables, what euer God haue giuen 
me in this world, (when all my Just debts are paid) I giue to my 
three smalest children now at home with me, namely Samuell, 
Thomas and Elizabeth, equally to be devided betweene them, & 
to be paid at the age, of 21 years my sons & my daughters at ye 
age of 18 yeares or maryed & of y^ three viz : Samuell Thomas & 
Elizabeth y^ survivers at the time of payment to haue y" deceased 
pt devided And lastly I doe apoynt my Loveing freind m waiter 
price to be my executor of this my will & m"" John Croad & Hillyard 
Veren ouerseers." Samuell Bedle.J Wit: Hillyard Veren| and 
Thomas Watson, t 

fCopy of Salem court records of 6 : 1 : 1653, appointing Eliza- 
beth Chin of Marblehead, administrator of the estate of her hus- 
band, George Chin, etc., made by Hillyard Veren, | cleric. 

t Autograph. 



180 SALEM QUARTERLY COURT [June 

with drink, was referred to the Worshipful Major Wm. Hathorne 
for further trial with respect to what was further intimated to the 
court concerning other miscarriages of a similar nature.* 

Joseph Bowed had 51i. of his former fine respitted until March 
next. 

WiUiam Stuart, dying intestate, an inventoryf was presented 
by Sara, his wife, amounting to 39H. 3s. lid., which was allowed. 
Said Sara was appointed administratrix. 



*Rachell Codner, Mary Browne and Sarah Pike, all of Marble- 
head, deposed that upon a second day of the week this suminer 
they saw Samuell Archer of Salem, marshal, leading an Indian 
woman by the hand along the way, and that he reeled very much 
as he went, etc. Sworn, 6:5: 1664, before Wm. Hathorne.t 

Luke Morgan and George Knight, both of Marblehead, deposed 
that they saw Samuell Archer put the Indian woman from him 
and take up the lap of her skin or coat and throw it aside, etc. 
Sworn, 6:5: 1664, before Wm. Hathorne.J 

Christopher Waller deposed that "one day before a daye of 
Humylyation this last spring at y^ evening or there abouts I mett 
with Samuell Archard in the streete, by m"" Brownes, saw him fale 
do-VNTie, & I being neere him went to him, & spoake to him & || he 1| 
answered me not but sed Hoogh, & he rising up went towards 
Richard Princes Railes & there stumbled & fell downe againe, & 
I observed as he went he staggerd & smelt of drinke." Sworn 
before ye Worshipfull Major William Hathorne at an adjournment 
of a county court held by his worship 14 : 9 : 1664, attest Hillyard 
Veren,! cleric. 

Isack Wllliames,t aged about thirty-three years, deposed that 
Sam. Archard, sr., came to his house distempered with drink. Mr. 
Baker testified to the same. Sworn, 1:5: 1664, before Wm. 
Hathorne. J 

jlnventory of the estate of Willyam Stuward, lately deceased, 
taken by Thomas Bancroft J and Robert Gowing:| Two cows, 91i.; 
1 mare, 2 yeare, 7h.; fife young shots, 21i.; his wearing close, 3h. 
12s. 6d.; two hats, 16s.; the flocke beed & beed close, 51i. 6s.; a 
payer of shets, two towilles & a pellowber. Hi. 6s. ; two eyern pots 
& two payer of pot hokes. Hi. 6s. ; 2 fryin pan, 2s. ; a smothing eyrin 
2s. 6d. ; fouer puter platers, 14s. ; a puter pote & 6 sponns, 3s. 
6d.; a brase scillet, 5s.; a dossen of trenchers. Is. 3d.; woding 
vissels, 3s. ; a churne, 6s. ; a pail & two mylke pans & pot, 3s. ; one 
sefe, two betelrings & an wedg, 3s. 8d. ; one hansawe, ould how, 
two ould axes, 6s. 6d. ; one raper & a barell of a goun & a locke, 
Hi. 16s.; two saxe & on sithe, 7s.; a cuberd & a chist, 13s.; a 
sadell & a bridell, Hi.; a payer of cards, 3s.; a Carte boody, boxes 

t Autograph. 



1664] RECORDS AND FILES 181 

Richard White, dying intestate, and being indebted to the 
widow Smith for diet, court ordered that the amount of the inven- 
tory, 2U. 14s., be given to widow Smith toward her bill, she to 
administer upon the estate.* 

ReUct of George Fraile presented an inventoryf of her husband's 
estate, which was allowed. 

John Godfrey was allowed costs in an action entered by Henry 
Archard of Ipswich, who did not appear to prosecute. | 

Servants of the house allowed 6s. 8d. and Elder Browne's maid, 
12d. 

and hoopes, lU. 8s.; in lumber, 12s. Sworn to by Sara Stuart, 
the widow, before Hillyard Veren,§ cleric. 

*Inventory of the estate of Richard Ellitt, appraised Mar. — ■, 
1662-3, by Jefferie Massey§ and Tho. Rootes:§ A short Coate & 
a p. breeches, 2U.; an over worne Caster, 10s.; an ould shirt, 2s.; 
a payre of ould stockings, 2s. ; total, 2li. 14s. 

Copy of Salem court record of 30 : 4 : 1663, the widow Smith 
was appointed administratrix of the foregoing estate and ordered 
to keep it in her hands & not make payment to any out of it for a 
twelfth month to come without the court's order. Copy made 
by Hillyard Veren,§ cleric. 

flnventory of the estate of George Fraile of Linn, who deceased 
9 : 10 : 1663, taken by Thomas Laughton, Thomas Putnam, John 
Puttnam and John (his mark) Tarbey : Houseing and upland, 
501i.; salt and fresh meddow, 40li.; two cowes, 81i.; one cow and 
three steeres, 14U.; foure young cattell, 7s.; eight sheepe, 4U.; 
hay, 51i.; foure shotes. Hi. 10s.; one bed with all bedding, 61i.; 
one bed more with bedding, 31i.; one table cloath & six napkins, 
5s.; four pillow beares, 10s.; foure paire of sheets, 41i.; foure 
sheets, 2li. 10s. ; his wearing apparrell, 7li. ; one bed & beding, 41i. ; 
a chest and a box. Hi. 5s.; in Iron potts & brase with pott hookes, 
31i.; in pewter. Hi.; one warmeing pan, 8s.; woodden Lumber, 
21i. 5s.; In armes, 2li.; In tooles, 5h. 14s.; five bookes, 10s.; psell 
of small Iron things. Hi.; table, chaires & stooles, 10s.; sithes and 
howes, 8s.; mault & come, 2li. 3s.; yarne, 4s.; one peece of new 
cloth. Hi. 10s.; Timbar, 21i.; ladders, brakes & wheelbarrows, 
12s.; provision, 3li. 10s.; total, 1841i. 14s. This inventory was 
received in Ipswich court. Mar. 29, 1664, and copy made, Apr. 2, 
1664, by Robert Lord,§ cleric. 

Elizabeth (her mark) Frayle brought into court, 28 : 4 : 1664, 
a further account of the estate, dated 19 : 4 : 1664, that there were 
owing to George Frayle of Lyim, 6H. 12s. 8d., and that he owed 
7U. 14s. 9d. 

I John Godferyes bill of charges, llli. 6s. 

§Autograph. 



182 IPSWICH QUARTERLY COURT [Sept. 

Samuel Gaskin and his wife and John Maston were sentenced 
to pay for twenty days' absence from public ordinances at 5s. per 
day, that is 51i. for each person . Also Richard Gardner, Robert 
Stone and Robert Gray were convicted for absence from meeting. 
Fines brought in by the Worshipfull Major Wm. Hathorne: — 
On 22 : 10 : 1663, John Harris and Lawrance Barnes, for drunk- 
enness and striking one another. 

On 16 : 2 : 1664, Peeter Strickland, for running away from his 
master, Thomas Putnam. Jon. Pickering promised to pay it. 
On 25 : 2 : 1664, John Mason, for being drunk.* 
On 17 : 3 : 1664, John Slatter, for striking Henry Trevitt's 

wife.f 

On 17 : 4 : 1664, Tho. Pigdon, for drunkenness, and William 
Wood, for committing folly with his wife before marriage. Wood 
confessed and Capt. Corwin agreed to pay the fine. J 

Court held at Ipswich, 27 : 7 : 1664. 

Judges: Mr. Symon Bradstreet, Mr. Samuell Symonds, Major 
Genrll. Denison and Major Wm. Hathorne. 

Jury of trials: Ens. Tho. French, Fra. Wainwright, William 
Fellows, John Dane, Tho. Smith, Jo. Poore, Ste. Greenliefe, Ed. 
Richardson, William Acie, Rich. Swan, Jo. Brocklebanke and 
Isaack Comings. 

Grand jury : Abr. Tappan, Rich. Kimball, Tho. Law, Jo. Deni- 
son, Ed. Bragg, Allen Perley, Will. Elslye, Jo. Merrill, Wm. Jack- 
son, Jo. Dressor, Ed. Hasson, Fr. Pabody and Tho. Chandlour. 

Sergt. Rich. Jacob v. William Pritchett. Withdrawn. 

Tho. Baker v. John How. Slander. Verdict for plaintiff.§ 

*He was also set by the heels an hour for abusing the constable. 

tJohn Slatter, jr. 

|Wm. Wood was married 19 : 8, and the child was born the 
latter end of the second month. 

Writ : Major Nich. Shaplegh, Humph. Chadborne and Walter 
Barefoote v. Sesegenaway, Indian; for about one hundred skins; 
dated June 4, 1664; signed by Ehas Stilcman,|| for the court. ^ 

§Writ : Thomas Baker v. John How; slander; for defaming 
his name in saying that two of Goodwife Bates' children were 
his; dated 12 : 7 : 1664; signed by John Redington;|| and served 
by Edmond Bridges, || deputy constable of Topsfield. 

Thomas Baker's bill of cost. Hi. 15s. 

II Autograph. 



1664] RECORDS AND FILES 183 

William Story v. Will. Whittred. For not paying for a piece 
of fence. Verdict for plaintiff.* 

Mosses Bradstreet, Nich. Holt, John Kimball, Nicolas Wallis, 
George Bonfield and their wives v. Willm. Watters and Hanah, 
his wife, late wife of John Bradstreet and administratrix of his 
estate. Trespass. Withdrawn. 

John Dane v. John Gould. For cure of a wound. Withdrawn. 

George Hadley v. John Godfry. Review of a case tried at Salem 
court. Verdict for plaintiff. Both parties came into court and 
agreed to acquit each other of the judgment of both Salem and 

Edmond Bridges, aged about twenty-seven years, deposed that 
he heard John How say that some of Goodwife Batts' children 
were Thomas Baker's and one was William Hunter's, and when 
said How came from Rowly he heard Goodwife Kimball say that 
Goodwife Batts told her so, etc. Daniell Gierke deposed the same. 
Sworn in court. 

Thomas Backar and Edmond Bridges testified that John How 
affirmed that John Kimball's wife never told him that Goodwife 
Batts accused Thomas Baker, etc. Sworn in court. 

Mary Kimbal deposed that she never heard Goodwife Bates say 
anything about Thomas Baker, etc. 

John Kimball and Thomas Kimball testified that when Thomas 
Backear and John How came down to their house, the latter said 
that if John Renetan said he told the stories, he would abide by 
it, as for Goodman Clark and Edward Briges there was no heed 
to be taken of what they said for every one knew what they were. 
Sworn in court. 

*Writ, dated Sept. 15, 1664, signed by Robert Lord,t for the 
court, and served by Robert Lord,t marshal oi Ipswich, by attach- 
ment of corn in the barn. 

WilHam Story's bill of costs. Hi. 14s. 6d. 

John Chot and Samuel Ingals deposed that Goodman Story 
desiring them to measure the fence and to adjudge what it might 
be worth as rod douing and in measuring it, they found it to be 
eighty-six rod and a half, which was worth 61i. 2s., the douing, 
being 17d. per rod, wanting 6d. half pay. Sworn in court. 

Seth Story testified that Goodman Whitred being at his father's, 
he heard his father ask him when he would fence and he said he 
could not do it. Deponent's father told said Whitred if he should 
fence that he would carry his fence away again after it was set up. 
Sworn in court. 

"Goodman Chote was to give him a pige for a pope : and Calen 
to him for to tack it away : his answer was the divell spUt mee & 
the pige to & such wordes : I have heard him often saye." 

t Autograph. 



184 IPSWICH QUARTERLY COURT [Sept. 

Ipswich courts. It was ordered to send attachment to bring 
Abraham Whittcker to answer about his doubtful oaths in this 
case.* 

Mr. Peeter Duncan v. Robert Elwell. Verdict for defendant. 

*Writ, dated July 2, 1664, signed by Hillyard Veren,t for the 
court, and served by Robert Lord,t marshal of Ipswich. 

Copy of a receipt, dated Mar. 20, 1657, and deposition of Rich- 
ard Littlehale sworn before the commissioners of Haverhill, Nov. 
17, 1663, taken from Salem court files by Hillyard Veren,t cleric. 

Copy of record of Salem court, 28 : 4 : 1664, John Godfery v. 
George Hadley, made by Hillyard Veren,t cleric. 

Copies of the writ and service in foregoing action, and of George 
Hadley 's bond, dated Mar. 25, 1661, taken from Salem court files 
by Hillyard Veren,t cleric. 

Copies of depositions of Richard and Mary Littlehale, Elizabeth 
Whittiker, Abraham Whittiker, Edward Yeomans and Robert 
Clements, taken from Salem court files by Hillyard Veren,t cleric. 

Robert Clements testified that he never owed but one debt to 
Godfree and he paid it at once to George Hadlee. Sworn, Sept. 
26, 1664, before Henry Palmer and Danyel Lad, commissioners of 
Haverill. 

James Pecker, aged about forty-two years, deposed that in the 
year 1663, he told Edward Ymans, who was working with deponent 
that he must help him the week following. He answered that he 
could not help him in the beginning of the week because he was to 
go to Ipswich to testify for John Godfre. Deponent told him that 
he might go to Andover and depose before Mr. Broadstreet instead, 
but he said that he dared not refuse to go to Ipswich because he 
was in Godfre's debt and the latter might take away all that he 
had. Sworn, Sept. 26, 1664, before Henry Palmer and Danyel 
Lad, commissioners of Haverill. 

Edward Clarke, aged about forty-three years, deposed on Sept. 
26, 1664, that Edward Yeomans wept and said that he was obliged 
to testify for John Godfere because he was in his debt, etc. Sworn, 
Sept. 26, 1664, before the commissioners of Haverill. 

Abraham Whiticker testified that George Hadly said that the 
thirty-three bushels of wheat were not on the bond that he had 
of Robert Clemens upon John Godfry's account when said George 
Hadly gave the receipt to Robeart Clements for the said corn. 
Deponent had also heard Godfry say several times in his house 
that deponent's wife would betray him one time or another, and 
that he would get five pounds of said Hadly if he could because 
Hadly had caused him to lose ten pounds in his pay upon the bond 
in forcing the oxen upon him the year before. Sworn, Sept. 24, 
1664, before Simon Bradstreet.f 

t Autograph, 



1664] RECORDS AND FILES 185 

Appealed to next Court of Assistants. Mr. Peeter Duncan and 
Robert Crose bound.* 
John Emery v. Richard Kent, Verdict for plaintiff.f 

*Writ : Mr. Peter Duncan v. Robert Elwell; for withholding 
four pounds from him which he promised to pay in behalf of Rich. 
Bullard; dated Sept. 19, 1664; signed by Edmund Clarke, J for the 
court; and served by Thomas Millit,t constable of Gloster, by 
attachment of house of defendant. 

Robert Elwell's bill of cost, 12s. 2d. 

Mr. Peter Duncan's bill of charges, Ih. 7s. 6d. 

"m'' Browne I pray pay Richard Bullard four pound and charge 
it to the account of your frend 

"the 19 of aprill 1662 Robert Elwell his marke." 

On Apr. 23, Rich, (his mark) Bullard assigned the note to Peter 
Duncan. 

Mary Duncan, wife of Mr. Duncan, deposed at Glocester, Sept. 
26, 1663, that she heard her husband tell Robert Elwell that he 
had his bill that he gave Richard Bullard to go to Mr. Browne of 
Salem for goods, and that her husband told said Elwell that said 
Bullard had assigned the bill to himself and had taken up goods 
for it. Further, her husband said he would carry the bill to Mr. 
Browne of Salem because he owed him something and then there 
would be an end of it. Elwell said "no that is all one," and not 
to carry it to Mr. Browne for he would be troubled if he had no 
fish in the spring for it. Elwell told him to place it to his account 
and he would pay him either in fish or mackerel the next fall. 
Sworn before John Emerson. | 

Thomas Prince, aged about forty-five years, testified that he 
was at Mr. Duncan's house to pay Richard Bullard something 
that he owed him, before said Bullard went out of the county, etc. 
Sworn in court. 

William Sargent, aged about thirty-seven years, deposed that 
he heard Robert Elwell say that he heard that Richward Bolord 
had taken up at Mr. Duncan's the value of a bill that said Bolord 
had of Elwell to Mr. Browne of Salem, etc. He further in the year 
1662 bade Duncan compare the bill he had of Bolord and that which 
Mr. Browne had, and he refused to do it, etc. Sworn in court. 

t Francis Plumer testified that he went to Richard Kent's and 
told him that there was a colt about his house, which he thought 
was his, and the latter said he would give deponent his right in the 
colt for two years. This was before Goodman Emry took up the 
colt for a stray. Confessed in court by the defendant. 

Thomas Blomfield and Daniel Thurston deposed that they 
appraised the colt at six pounds and they found no marks on the 
colt, and saw it recorded in a book. Sworn in court. 

t Autograph. 



186 IPSWICH QUARTERLY COURT [Sept. 

John Meager v. Ossman Dutch. Debt. Verdict for defendant.* 
Susanah Rogers v. Mr. Philip Nellson. Verdict for plaintiff, 
the sixth part of the land at Plumbe Iland.f 

Wiliam Neaf deposed that Goodman Kent told Goodman Emry 
that he took the colt because it was his own, "is it not lawfull for 
me to take my owne whear I doe find it goodman Emry said noe 
for the law is against it saith goodman kent I know noe such law." 
Kent also said that Sam. Lowle knew the colt to be his and there 
was a withe about its neck. Samuell Plumer deposed the same. 
Sworn in court. 

*Writ : John Meagars v. Ausman Duch; for withholding a 
debt of 40s. which he promised to pay to Mr. Browne of Salem 
upon said Megar's account and bring in Browne's receipt to him; 
dated Sept. 19, 1664; signed by Edmund Clarke,| for the court; 
and served by Thomas Milet,| constable of Gloster, by attachment 
of house and land of defendant. 

Edmund Clarke^ certified that Megers told him that his debt 
was 47s., but bade him take bond for four pounds. He further 
certified that he made the attachment of 40s. on Sept. 19, 1664, 
and when it was in his hands again on Sept. 24, 1664, it was inter- 
lined without his knowledge. 

Anthony Day, aged about forty years, deposed that he heard 
John Meagus threaten Osmond Dutch that if he came into the 
stage any more to fetch cods heads more than his own share, he 
would make his heels fly higher than his head, and would throw 
him over the stage head. Sworn, Sept. 26, 1664, before Samuel 
Symonds.J 

Thomas Prince, aged about forty-five years, deposed that the 
wife of Osman Duch came to him and asked him to try to get her 
husband and John Meger to agree so that they would not go to 
the Court of Assistants, which he did. Said Duch was to pay forty 
shillings and to pay the clerk for drawing up the copies of the 
testimonies, etc. Sworn in court. 

William Sargant and Thomas Militt, jr., deposed that they 
heard John Meger say that he interlined the words, "and seven 
shelings mor for the papers." Owned in court, 27 : 7 : 1664, by 
John Meager. 

Thomas Verey deposed that being at Mr. Duncan's new house 
with some of his fishermen, he heard discourse concerning making 
the bond, etc. Sworn, Sept. 26, 1664, before Samuel Symonds.| 

Trustram Elforde, aged about forty years, testified that Osmund 
Dutch, coming into Mr. Dunkunes stage, had some words with the 
shoreman, etc. Sworn, Sept. 26, 1664, before Samuel Symonds.J 

Osman Duchis bill of cost, 21i. Is. 2d. 

fWrit : Susanna Rogers, late wife of Robert Rogers, deceased, 

J Autograph. 



1664] RECORDS AND FILES 187 

administratrix of his estate v. Mr. Phillip Nelson; trespass and 
title, for coming upon her land and giving deed and possession 
to other men, which land is the land of Rowly division in Plumb 
island; dated Sept. 16, 1664; signed by Anthony Somerby,* for 
the court; and served by Willia. Laws,* constable of Rowly. 

Susanna Roger's bill of cost, 21i. 16s. 6d. 

"I ame gratle damnified as being disposest of my habitashon 
the whish I shall lave to your wise Judgment and ben hendred of 
macking use of my madow whish is about forty ackers for the 
whish I could have had too shehns a acker I mowd som of it and it 
was fatched away about ten lods of it and the lose of my grase pots 
me upon grat soferings for want of corne whish I could have had 
for my gras. " 

John Mihill, aged about thirty years, deposed that he saw at 
Plom Hand, Mr. Philip Nalson and Jereme Juet give possession to 
Henere Jacush and Richard Douell of part of Plom Hand, that is 
Roule division. It was given part for the whole by turf and twig 
with a promise to save them harmless from Susana Rogers, in these 
words, "If she could mack it cost them a hundred pounds they 
would paiet." Sworn in court. 

Willyam Troter and John Woollcot deposed. 

John Willcot and John Amere, sr., deposed that Mr. Nalson 
told Goodwife Rogers that he had given a deed to Goodman Douell 
and Goodman Jacush and would give no more to her or anybody 
else. 

Steven Grenleff, aged about thirty-five years, deposed that he 
paid to Mr. Joseph Juet of Rouly three score and nine pounds for 
the use of John Bond which pay was for part of Plom Eylend and 
that deponent took up his bond of Mr. Nelson, etc. Sworn in 
court. 

Deed, dated Aug. 15, 1659, Joseph Jewettf of Rowley, clothier, 
to Robert Rogers and William Trotter of Newbury, sixty odd 
shares of Plumb Hand, upland and marsh, in Rowley division, and 
if the rest of Rowley division should be for sale said Jewett was to 
allow twenty shillings for every share for the purchasing thereof, 
for which they were to pay to Jewett 200h., lOOli. in corn, cattle, 
beef or pork at the now dwelling house of Joseph Jewett in Rowley 
before Sept. 29 next, and 201i. yearly for five years; if the pay be 
not forthcoming in that time the forfeiture shall not be due for 
seven years, provided said Trotter and Rogers pay 61i. forbearance 
the first year, and thereafter 18d. in the pound. Wit: Stephen 
Swet* and Thomas (his mark) Seers. WiUi. Troter,* 7:7: 1664, 
assigned his interest in this land to Susana Rogers. Wit : John 
How* and John Woollcott.* 

Robert Rogers,* sometime of Newbury, acknowledged, on 22 : 
3 : 1661, to Phillip Nellson of Rowly a debt of three score pounds 
for a third share of Plum Hand, which he bought of Mr. Joseph 

♦Autograph. tAutograph and seal. 



188 IPSWICH QUARTERLY COURT [Sept. 

Jewett, 20li. to be paid in wheat, barly, malt, beef or pork, and the 
other 40U. in corn or cattle, to Philip Nellson, the provisions to be 
paid at the house of Richard Dowell in Newbury, and the cattle 
at Phillip Nellson's dwelling house in Rowly; before sealing it was 
agreed that the cattle were to be delivered at Richard Dowell's 
dwelling house in Newbury and said Rogers was to ferry over the 
cattle at his own cost and to help to drive them to Rowly town. 
Wit : John Burbank* and John Bond.* 

Agreement, dated July 2, , between Robert Rogersf and 

William Trotterf on one part, and John Bondj of Neuberie on the 
other part; Rogers and Trotter, both of Plum Hand, sold to John 
Bond the third part which they bought of Mr. Joseph Jewett upon 
the same conditions that they were bound to said Jewett, and they 
agreed not to sell any part of that land, except to one of the partners 
at the same terms that it cost, upon forfeiture of 401i.; also none 
of them shall let or mortgage without consent of his partners, nor 
keep above forty neat cattle for a share. Wit : Edward (his 
mark) Richeson and Gyles (his mark) Cromlon. 

Bond of Philip Nellson* of Rowly, dated May 22, 1661, to Ro- 
bert Rogers of Rowly, to make good assurance of the land at Plum 
Hand after the payment of three score pounds, etc. Wit : John 
Bond* and John Burbank.* Acknowledged, July 13, 1664, before 
Samuel Symonds.* Recorded, July 14, 1664 among the records 
of lands for Essex at Ipswich, book 2, folio 207, by Robert Lord,* 
recorder. 

Stephen Swett, aged about forty years, deposed that the writing 
dated Aug., 1659, which he witnessed, he could not remember, but 
he believed it to be his hand and would not deny it upon his life. 
Sworn, Sept. 27, 1664, before Samuel Symonds.* 

Susanna Rogers' complaint : "I being a poore widdow, haueing 
fower Children left me, doe humbly desire this honnered Court to 
Considder my Condition, my husband died & left me litle, but a 
pcell of land uppon plum iland, w*=h he bought of m'' Joseph Juit 
w'^h my poore Children was put out prentis to pay for this land, 
goodman Trotter & my husband bought it of that was Rowly 
devision, w^ was 60 odd shares . . . whereas Richard Dowell & 
henry Jaques should Com to us for assurence for this lande they 
bought of vs, they privatly & subtlely goeth to m'' Nellson & in- 
formes him that they had now bought all the land upon Plum 
Ileland of Rowly devision & therefore desires him to make a deede 
of assurance to them & in there names, of the whoU devision not 
onely of that they bought, butt allso of my lande, w^h we have 
occupied & lived uppon this five yeares : m"" Nellson & Jeremy 
Juit have allso giuen them possession, whereby I am disapoynted 
of my grass w^h I might have had for my release, allso they Carried 
away the hay w'^h I lett men have for there pay, soe that I am like 
to loose all for they give out as they say, that I shall haue neither 

*Autograph. tAutograph and seal. 



1664] RECORDS AND FILES 189 

William Dirkee v. Robert Cross. Verdict for plaintiff. De- 
fendant was to give his daughter in marriage or pay 51i. damages.* 

land nor grass there; likewise they have ingaged to m"" Nellson to 
beare him harmeless or them in this there actions, all the time of 
my husbands life they weare quiet & a little while longer, till I 
desired of them my thirds of that they bought, contrary to my 
minde & knowledge w''h desire I think was iust & righteous & it 
neede not soe have puoked them to indeuer to take or gitt from 
me that w^ is my right, for its knowne they have litle neede of 
it but it is my liuelehoode soe not to be traublesom any further to 
this honnered Court, but euer desire to rest on the privdence of 
god." 

*Writ, dated Feb. 22, 1664, signed by Robert Lord,t for the 
court, and served by Theophilus Wilson,! constable of Ipswich. 

Margrit Bishop testified that being asked by Martha whether 
she should go home to her father, deponent told her that it was 
best for her to do so, "at that Wilham being discontented, she 
desired me in the presence of God to beare witnesse that she would 
have no other man but he furthermore she said why will not you 
trust me as well as I have trusted you hitherto. And hereupon 
she went away to her father." Sworn in court. 

Grace Searl testified that she heard Martha Crosse say, when 
her friends came for her, that she told William that if she went 
away she would come again and would not forsake him. Sworn 
in court. 

Thomas Bishopf testified that Martha Crosse desired him several 
times to speak to her father that she and William Durgj^ might 
be married. Sworn in court. 

Mary Bishop testified that Martha said it was her greatest com- 
fort that her father had given his consent to her marriage, which 
was to take place on the nineteenth of the present month. Sworn 
in court. 

"Honered Sier you may Esilie understand how the Case stands 
conserne my daufter : & I give them leve to marie 

Yo"" Seruant Rob. Crosse :t" 

"Naybor Booshop : to you & yo' wiffie this is to let you under- 
stand o'' mindes is so the Case standing as it dous : wee leue 

yo'' seruants to yo'' dis and for the you may poot it to 

ana period as soone as you please : we shall no ways hinder it : 

hartes are sore oprest : wee ar as full of sorro the ous & 

goyd you in the thing : Yo"" : Robert : Cro 

"the 12 of the 7th moth 64." 

On the reverse of the foregoing paper : "For Her muche Re- 
spected Frende M"" Robert Crosse att Ipswich in newe Ingland 
These present with Care." 

tAutograph. 



190 IPSWICH QUARTERLY COURT [Sept. 

Robert Crose v. William Dirkey. For abusing his daughter. 
Verdict for plaintiff.* 

Mr. Anthony Crosby v. Lift. Sam. Brocklebanke and Ezekiell 
Northend, in behalf of the town of Rowley, Withdrawn. 

Isaack Burnap v. Tho. James. Slander. Withdrawn. 

Mr. Edmond Batter v. Daniell Grasier. Debt. Verdict for 
plaintiff.! 

*Writ, dated Sept. 22, 1664, signed by Daniel Denison,t for the 
court, and served by Theophilus Wilson, t constable of Ipswich. 

Goodman Storie deposed that "Martha Crosse beeing at her 
Sister nellsonnes house neere too goodman Storie Martha beeing 
in sore destresse of mind in the Considoration as shee Conseued 
she had binn cast out of her fathers favor : & familie : was so 
horied & destresed in mind ; that her Sistor nellsonn : Came downe 
to mee much afected lamenten with teeares y*^ much afected my 
hart to heare her : woe sayd I thought my Sistor would haue died 
to night : but shee thought shee Could not live an other in that 
Condition : I beeing much afected with there Condition : sayd 
why doe you not goe to yo"" Father & macke youer Condition 
knowen vnto him : to which shee answered o I dayer not goe to 
speack a word in her behalfe then I sayd will you goe if I goe downe 
w*'^ you then goodey nelson sayd I with all my hart : so wee went 
downe to goodman Croses & there wee found them in a sad & 
sorrofull Condition verie much horried in there sperite not know- 
ing which way to turen or what to say : & as my aprehenson then 
lead mee : did treat with them about the soferen them to marey 
the which hee did & that was the way then y* wee thought to bee 
the best." 

William Nelson deposed that Willam Dorkei said, at deponent's 
house, after Goodman Stories had been at his father's, that he 
wished he had never spoken as he had, owning the child to be 
his, but he had eighteen meals a week and would spare six of them 
to keep the child. 

John Bishop deposed that he heard William Durgee say that he 
had rather keep the child than keep her, but he presently said if 
he kept one he would keep the other, and they agreed to be married 
the next day. 

fWrit, dated 25 : 6 : 1664, signed by Helyard Veren,| for the 
court, and served by Robert Lord,t marshal of Ipswich, by attach- 
ment of a stack of wheat and a parcel of grain. 

Daniel GreenJ acknowledged a debt of four pounds, Apr. 7, 1663, 
to Edmund Batter, ten shiUings to be paid in butter, twenty shill- 
ings in pork and fifty shillings in corn before Nov. 1. Wit : Hel- 
yard VerenJ and Hannah (her mark) Weeks. 

t Autograph. 



1664] RECORDS AND FILES 191 

Thomas Averill acknowledged judgment to Mr. Edmond Batter 
of Salem. 

Hanah Smith of Rowley chose Lenoard Harriman as her guardian 
and he was bound to pay her her portion when it became due. 

Nicolas Tucker, late of Marblehead, dying intestate, adminis- 
tration upon his estate was granted to his brother Andrew Tucker 
of Marblehead, fisherman, and he was ordered to bring in an in- 
ventory to the next Salem court, that the estate might be disposed 
of to the right heirs. Andrew Tucker and Mathew Price, sureties. 

James Preist of Salem, dying intestate, administration upon his 
estate was granted to his father, James Preist of Waymouth. An 
inventory, amounting to 141i. 18s., was presented, which was 
ordered to remain in his hands until the court took further order. 

Upon petition of Mosses Bradstreet and his sisters about order- 
ing the estate of their brother John Bradstreet, deceased, his 
widow, now the wife of William Watters, having been appointed 
administratrix at Salem court, June 26, 1660, this court ordered 
the estate as follows : There being an inventory brought into 
that court, amounting to 10311. 9s., and other estate to the value 
of 201i. more now being presented, court ordered the four ten acre 
lots in the inventory appraised at 30U., free from thirds, to be given 
to Moses and his sisters, in case the said wife of William Watters 
made claim to her thirds, then ten pounds more out of the other 
estate, and the rest of the estate to the said Hanah Watters, wife 
of William Moses was to have a double portion and the sisters to 
have the rest, both land and estate, to be equally divided among 
them. 

Richard Window, being formerly released from training, paying 
a bushel of corn per annum, this court released him without pay. 

Allen Perley, being formerly released from training, paying 10s. 
per annum to the use of the company, was abated to 6s. 

Wilham Moore was released from training without pay. 

Thomas Willson was released from ordinary training. 

Samuell Ward of Marblehead was hcensed to retail strong water 
as other merchants, but not to have it drunk in his house. 



Edmund Batter,* by letter dated Salem, 24 : 7 : 1664, appointed 
the marshal his attorney at Ipswich court in actions against Walter 
Taylor of Salisbury, Tho. Avry and Daniel Green. 



*Autograph. 



192 IPSWICH QUARTERLY COURT [Sept. 

Samuell Graves was released of his bond for appearance, and 
discharged of his presentment. 

Zachry Debell was released of his bond for good behavior. 

Stephen Godwin, upon proclamation, was released of his bond 
for good behavior. 

John Attkinson, upon proclamation, and no further evidence 
appearing, was discharged of his presentment. 

Upon complaint against Marke Quilter, court declared his bond 
for good behavior forfeited, and bound him again to be of good 
behavior, especially to his wife. 

John Millington was discharged of his bond for good behavior. 

Upon complaint made against Daniell Black and his wife, court 
ordered that they should sit one hour in the stocks, and for the 
future that said Black was not to threaten his wife or miscall her 
and to live peaceably with her, and she was to be orderly and not 
to gad abroad. She was further ordered not to be in company 
with John How or Judah Trumble nor come to the house of John 
How unless her husband sent her on business, and if either of them 
offended against this order, they were to be whipped.* 

*Summons, dated July 22, 1664, to Daniel Blake to answer a 
complaint for having forced his wife from him, not suffering her 
to live with him, signed by Samuel Symondsf and Daniel Denison.f 
Said Black was bound for appearance, and Edmund Bridges, jr., 
was bound to prosecute the complaint. 

Complaint of Dannell Blackf against his wife Faith Black : 
"For her keeping company with Juadath Trumbell and John Hoow 
and for keeping of John Hoows hous and espashelley one night 
above the rest the saide faith Back was seen wallking with Juadath 
trumbell About the daye Light sehuttin in withing a Lettell Spacese 
earch of the other and being not seen from that tyme tell mednight 
or aboute that tyme and then Goodey Back came to Goodman 
wakeles house shee came to the dore and knocked att the dore soe 
sauft that no one could not heare her att Last shee went the back 
side of the house and takin up a clow Boord and knocken Against 
the house wakned the woman and the woman ris and opned the 
dore and lett her in and Asked whare shee had been that tym of 
night shee Answared she had ben att Goodman Clarkes eaten of 
fish Goodey wakley Asking why shee did nott goe home to her 
hursband and to her one house shee Answered and sd that shee did 
not Care for goein home And Lickwise att other severell tymes 
being scene att John Howes hous and sum tymes in bed with John 
Hoow was seen to bee and allsoe her husband being A Pore man 

t Autograph. 



1664] RECORDS AND FILES 193 

and one that hath nothing to Live by but his Labor had but one 
Cow and for the want of the milchen of her Lost the Profet of her 
by his wifes carlesnes whare upon hee was Provocked severell 
tymes and often to theretten her and tell her that hee would com- 
plaine of her to the Court her Father And the rest of her frinds 
with John How togeather hearing of this made A Complant to 
M'' Symons," etc. 

Goodwife Black complained that her husband had called her 
baud, swearing and cursing at her, threatening to kill her and 
knock her brains out. He told her to go and shift for herself and 
pulled off her stockings, turning her out of doors and not suffering 
her to come in, so that she was forced to go in the snow to Good- 
man Carall's, which was half a mile from her home. 

John How testified that he heard Danil Black "wish god to dam 
his soul if he ded not Bett his wif Brains outt." 

Edmon Bridges and John How testified that he forced his wife 
out so that she was obliged to go half a mile up to the knees in 
snow to get relief. 

Obidia Bridgis deposed that Danill Black and his wife were at 
deponent's father's house, and she was very ill. There were 
several people in the house and Thomas Lovekin was desired by 
"my seester black" how his finger was that he had cut off. Danill 
Black seeing this, told his wife that he vowed that he would make 
her know sorrow for that. Some hours after, he asked his wife 
to go up with him to Mosis Pangren's and she refused, but he went 
and brought dowTi a bottle of sack, drank some of it with his wife 
and so fell out with her. Deponent came between them and pre- 
vented his striking her, and Black rephed "you Rog I will ron you 
thorow," having his knife drawoi in his hand. Deponent and 
Edmon Bridges also deposed that they heard Black at Wenham 
tell his wife to go bring a sickle out of a field of corn when it was 
very Avett weather and when she had not been abroad a great 
while on account of a great sickness, and when she refused to go, 
he abused her so that they had to send for the constable to quiet 
him. 

Thomas Hobes and his wife testified that a woman ought to be 
a meet help for a man, but Black's wife provoked him by her 
words and carriages, and they had heard Black say that if his wife 
would stay at home, dress his victuals and wash his clothes and do 
by him as by a husband, he would allow her time to see her friends 
as much as she desired. But when she had been out two or three 
days and nights together, he could not help speaking to her. If 
she had done as she might have done, they would have lived very 
well and he would have worked and taken a great deal of pains, 
but when he reproved her, she said she would do it again. If de- 
ponents' wife had not washed his clothes and fed his swine, they 
would have suffered, yet all the thanks Black's wife gave her was 
to tell her that she did not ask her to do it. 

John Gould deposed. 



194 IPSWICH QUARTERLY COURT [Sept. 

Capt. Walter Barfoote and Mr. Henry Greenland, upon com- 
plaint made against them by Wm. Thomas and Richard Dole, 
concerning abuse of them, were ordered to pay a fine of 51i. each 

Elizabeth Perkins, sr., and Agnes Ewens were ready to depose 
as follows, if called : That they did not desire to testify, but what 
had brought them forth was the busy prattling of some other, 
probably the one whom they had taken along with them to advise 
a young woman, whose simple and foolish carriages and words, 
having heard of, they desired to advise better. This had come to 
the ears of Dan. Black, who had them summoned as witnesses. 
They desired to be excused from testifying because what was told 
them was a private confession which they had never to that day 
divulged, and the woman had never offended since that time but 
had hved gravely and soberly. The testimony was briefly that 
Mary, wife of John Howe, confessed to them and to Mary, wife 
of Dan. Clarke, that Goody Black lay with her one night in her 
husband's absence, and her husband coming home, etc. 

Thomas Dorman testified that one day when Daniell Blacke 
worked with him at the village, which was a very wet and cold day, 
he went home expecting to find his wife. She had brought a waist- 
coat to deponent's house and then went to Mr. Baker's, from which 
place Goodman Meddalf's man carried her to John How's where 
she stayed all night, etc. 

Zacheus Curtis and Luk Wakelin deposed that they heard John 
How say that Daniell Blacke was a jealous fellow, etc. 

Luke Wakelin and Katherine Wakelin testified that John How 
had often given Judah Trumbole counsel not to keep in the com- 
pany of Goodwife Black for fear trouble would come to him, etc. 

Daniel Black, complained of by John How for abuse, was bound, 
July 23, 1664, by Samuel Symonds* to appear at the next Ipswich 
court. 

John Danfed deposed that after working at the plains one day, 
he called at John How's and saw Goodwife Blake there by the 
loom-side shelhng pease and heard her say that she would be at 
John How's in spite of her husband's teeth. 

Zacikes Curtes, jr., testified that he heard Edmond Briges say 
that John How's wife came, etc. 

Luke Wakelin deposed that he went with Daniel Blake to John 
How's house to find his wife, and Goodwife How whispered to 
deponent to ask Blake to go to deponent's house to get a ladder and 
then she could get Goodwife Blake away, etc. 

William Smith deposed that Goodman Bridges said that his 
sister Faith might live as well with Daniel Blake as any poor woman 
in Topsfield, but her proud spirit was enough to provoke anyone 
to do things that he would not do at another time, etc. 

*Autograph. 



1664] RECORDS AND FILES 195 

and to be bound to the peace, with sureties. Capt. Barefoot and 
Robert Addams bound. Capt. Barefoot appealed to the next 
Court of Assistants. Mr. Henry Greenland and Robert Adams 
bound. Mr. Greenland appealed to the next Court of Assistants.* 



*Copy of warrant, dated June 6, 1664, for the arrest of Mr. 
Greenland and Capt. Barefoote for a great misdemeanor against 
Mr. Wm. Thomas and Rich. Dowell of Newbury, endangering 
their lives, signed by Samuell Symonds and Daniell Denison, and 
served by Wm. Chandler, constable. They appeared before 
Samuel Symonds,t July 19, 1664, and were bound. 

Wm. Chandler'sf account of charges about Capt. Barfoot : 
For going after him to Sahsbury ferry, bringing him to Ipswich 
before Worfll. Major Generall Dennison, "my selfe and two to 
assist me; he would nott come a foot, therfore I was constrained 
to hire 4 horses allsoe it was Late in y'^ day when I tooke him, by 
reson he went from mee, after I tould him my buisnes in Newbury," 
for expenses that night at Mr. Baker's also "I spent much time 
in searchin after M"" Greenland," etc., IH. 7s. Id. 

Wm. Thomas deposed that being in the inward room, Stephen 
Swett's kitchen, and seeing Rich. Dole abused, he went to Mr. 
Greenland and said, "Sir w* doe you meane to doe," his answer 
was "thou Roge art thou come?" He struck deponent down 
suddenly, but he arose again and then he thrust him against the 
boards of the little room, forcing him to a sill. Then he threw 
deponent down, fell upon him, kicked him, tore his leg, stamped 
upon his stomach very rashly, until deponent thrust up his feet 
and lifted him off. Mr. Greenland took hold of the door and the 
windoe and stamped upon deponent's breast and face until the 
latter was all bloody, except his eyes. When Greenland had 
finished, deponent saw him take the fore part of his coat, tear it 
in small pieces and then he went out of the room and told them 
to see how he had been abused. Sworn in court. 

Rich. Dole deposed that he was at the ordinary in the common 
room, when Capt. Barrfoot, Mr. Greenland and an Indian were 
in conversation, and he sat down upon the bench, the maa of the 
house being beside him. Deponent asked the latter if the Indian 
said he would attach Capt. Barfoot, and said Barfoot answered 
" You had best give in security to prossecute." Deponent replied, 
"Cap* I say nothing to you neither doe I meddle or make with you." 
Presently "he tould me he would prove me y^ verriest knave in 
new England and would have made me an Examplee erre this had 
hee not bin p^'swaded by some friends, I said to him Cap* doe not 
threaten me neither to my face nor behind my back, M'^ Greenland 
tooke up Cap* Barrfoots words, I said to M"" Greenland w* if I 
should say that Clarke was an Ass or a f oole to sett his name & give 

t Autograph. 



196 IPSWICH QUARTERLY COURT [Sept. 

any man power to writte w* hee please. Capt. Barrfoot sitting on 
the other side of y^ table said to me sirrah gett y® out of y'' roome I 
will heaue the pott att thy head, & presently threw y'' pott & strucke 
me one y® head backward to ground, as soone as ever I had re- 
coverred my selfe, M'' Greenland w*^ his hand & Foot struck me 
downe backward & trodd uppon me or kickt me, I being in a mase 
w% the blowes I cannot tell whether he did kick or tread uppon 
me, some body speaking to Cap* Barrfoot asking him why he did 
heave the pott at Rich. Doles head he made this answerr he was 
sorry for nothing but that hee did heave it noe harder, and I doe 
solemnly professe to the honnored Court I doe goe about my 
buisnes in feare of my life, of Cap* Barfoot and M'^ Greenland, and 
further saith y* after he was gott upp hee says Cap* Barrfoot Came 
from y^ inside of y*' table w*h his sword drawne, & w*^ highe threat- 
nings words he spake to those which were in the roome." Sworn 
in court. 

John Wilcot, aged about thirty j^ears, and James Mirecke, aged 
fifty-two years, deposed that an Indian came into the house, who 
was indebted to Walter Barefoote, and the latter demanded his 
pay. The Indian did not give satisfaction and Barefoote desired 
Henry Greenland to secure him until he sent for a constable. 
Richard Dole came into the room as Barefoote was filling out a 
blank attachment and asked what he was doing or whether he 
were a clerk of the writs. Barefoote answered that, if he pleased 
to see, it was Elias Stileman's hand at the bottom of the writ, 
whereupon said Dole went out and came in again to their room 
and said that he who granted the attachment and acted by it was 
a fool and a knave. Capt Barefoote desired him to leave the room, 
but he refused, etc. Sworn in court. 

John Wilcott, aged about thirty years, and Jeramiah Gooder- 
ridge, aged about twenty-seven years, deposed that if Barefoote 
had not drawn his sword, he and Greenland would have been 
beaten, etc. Sworn in court. 

Wm. Chandler testified that he was sent for to go to the ordi- 
nary to serve an attachment, and that the broil was over. He 
told Capt. Barefoot that he might have killed Dole with the pot 
he threw at him and been hanged for it. Barefoot answered "it 
may be not," and said he would bear out Greenland in what he 
had done. Sworn in court. 

Richard Dole's bill of cost, Hi. 

Jno. (his mark) Davis testified that he was at Swett's house on 
Saturday, June 6, and there was Mr. Thomas, who, hearing that 
Ric. Dole was under the power of Mr. Grenland, had come in to 
rescue said Dole out of his hands. Capt. Barefoot drew his rapier, 
"I being on the Kitchen side w*hdrew in to the Kitching from the 
rapier," and deponent endeavoring to rescue Mr. Thomas, "Mr. 
Barefoot came towards me w*'' his naked rapier & run against me 
sayd I showld not goe in gett the out let them alone for non shall 



1664] RECORDS AND FILES 197 

Edward Neland, upon his presentment for striking another man's 
boy, was fined, and for taking up a beast from another man's com- 
mon was admonished. 

John Acie, for his great misdemeanors, was ordered to pay a fine, 
lie a week in prison and to be bound to good behavior. WiUiam 
Acie and Jonathan Platts, sureties, for Acie's appearance at the 
next Ipswich court.* 

John Acie, Rich, Swan and WiUiam Acie bound for John Acie's 
commitment to prison within a fortnight. 

John How, presented for a he, was fined. 

John How, presented for slandering and reproaching the town 
of Topsfield, was fined. f 

goe in." When Mr. Thomas arose, his face was bloody so that 
the blood ran down on his band, he complained of his stomach and 
leg, and slipping down his stocking, his leg was bloody and bruised, 
with the skin off. 

Benjamin Lowlet and Samuel Lowlet deposed, June, 1664, that 
Mr. Barfoot came with his naked sword, stood against the door 
and said that he would run any man through who came to the door 
to help Master Thomas, and he drove all out of the room, etc. 
Sworn, Aug. 10, 1664, before Daniel Denison.| 

*Josuah Bradley deposed that he heard John Acie own that he 
said to his father that an old man, etc., and that there was no 
believing what he said. Further that he had wronged his con- 
science in speaking to uphold his father's honor but he should do 
so no more, for he had enough in black and white, which if he 
brought it forth, would make them both ashamed to mention his 
mother. Sworn in court. 

fSamuel Perlayt testified that as he and John How were going 
to Topsfeald, the latter took a paper out of his pocket and read 
to him verses concerning Goodwife Pebody, Goodwife Clarke and 
Goodwife Andrus. These women were named in the first verse, 
to this effect, that these three women "do together flock and so 
they spend their husband's stock and master woodkock shall be 
preacher to those women, he ned not study above an ower or two 
in on week," etc. 

Edmond Bridges testified that he heard John How say that Top- 
feld town had persecuted five or six of God's people out of the town, 
and his father being a godly man, they were against his coming 
to Topsfeld. Likemse he said that he, being one of the seed of 
the faithful, was a victim of their spite and they would turn him 
out likewise. He also said that he was like Lot in Sodom, and that 
he would tell the court so when he went there. Sworn in court. 

tAutograph. 



198 HAMPTON QUARTERLY COURT [Oct. 

William Dirkey, presented for fornication, was ordered to be 
whipped not exceeding twenty stripes, and to put in security of 
201i. to save the town of Ipswich harmless from the charges of 
keeping the child, or else go to prison. Thomas Bishop, surety. 

Seven shillings were allowed to Sam. Plumer for ferriage for 
Mr. Woodman. 

Court ordered a county rate to be levied upon the country, a 
quarter part of a single country rate to defray the arrears of the 
country debts and that the treasurer issue warrants to the towns 
of the county. 

Mr. John Coggswell and Willm. Coggswell of Ipswich brought 
in an account of disbursements for the bringing up of the children 
of John Coggswell, jr., deceased, unto whom they were executors, 
and also by the discharge of several debts due from the said John 
Coggswell to the full value of the estate they received, except the 
land, which they return to the use of the children, and are dis- 
charged of their executorship, they yet to take care of the children 
until they choose guardians. 

Five shillings given to the house. 

Court held at Hampton, Oct. 11, 1664. 

Grand jury : Lt. Benjamin Sweat, foreman, Isaac Buswell, 
Sam. Felloes, Richard Currier, Henry Blasdall, Joseph French, 
Jno. Robinson, Willi. Godfrey, Godfrey Dearbourn, William Sam- 
born, Henry Moulton, Bartholomew Heath and Jno. Haseltine. 

Jury of trials : Henry Palmer, foreman, James Pecker, Mr« 
Carr, Jno. Clough, Georg Martyn, Edward Goe, Rob. Page, Wm. 
FuUar, Nath. Batcheller, Sam. Fogg, Peter Johnson, Moses Gil- 
man and Willi. Hackett. 

Tho. Davis v. Jno. Hutchins. Debt. Due upon balance of 
account concerning the saw mill at Haverhill of which Jno. Hut- 
chins is third owner. Verdict for defendant. 

John Redman, assignee of Robert Wadley v. Isaac Cosens. 
Debt. Verdict for plaintiff. 

Georg Walton v, Willi. Marston, sr. Debt. Verdict for de- 
fendant. 



Samuel Perley* deposed that John How told him that he made 
the verses that were lost in Goodman Briggeses shop, etc. 

*Autograph. 



1664] RECORDS AND FILES 199 

Sam. Winsly v. Capt. Robert Pike. Appeal from a judgment 
of the selectmen of Salisbury. Review of replevin for undue im- 
pounding of his cattle and withholding them. Withdrawn. 

Abraham Drake v. John Fulsham, jr. Debt. Special verdict. 
If the evidence proved a legal demand, they found for defendant. 

Robert Swan, the assignee of Peter Nash, v. Jno. Perly, jr. Debt. 
In wheat which should have been paid aboard Jh. Harrises bark. 
Verdict for defendant. 

Robert Swan v. Steven Kent. Appeal from a judgment of the 
commissioners of Haverhill. Trespass by stealing a parcel of hay, 
four or five cocks, from his house lot in a swamp near Robert 
Swan's house. Nonsuited. 

Capt. Bryan Pendleton, in behalf of himself and an assignee or 
attorney to Mr. Jno. Payne v. Jno. Gold. Debt. Mr. Jno. 
Paine's letter of attorney to Capt. Pendleton was presented and 
read in court. Verdict for plaintiff. Court concurred with the 
jury. 

Willi. Hacket v. Robert Jones. Debt. Due for certain goods 
which defendant received of plaintiff. Withdrawn. 

Henry Lamprey of Hampton acknowledged judgment to Mr. 
William Vahan, merchant, of Portsmouth. 

Mr. Hussy, having been chosen captain of the military com- 
pany of Hampton, was confirmed, as was also Benjamin Sheat as 
lieutenant. 

John Samborne, having been chosen captain of the military 
company of Hampton, but it appearing that he had not been made 
a freeman, was referred to the General Court for confirmation. 

Upon request of Mr. Henry Dearing and the approbation of 
the selectmen of Salisbury, he was granted license to still and sell 
strong water by retail in Salisbury during the pleasure of the 
court. 

Mr. John Carlton was allowed as clerk of the writs for Haverhill. 

Steven Dow and his wife Ann were presented by the grand jury 
for fornication, which they confessed. They were sentenced to 
be whipped not exceeding ten stripes or to pay a fine of twenty 

Execution, dated July 22, 1664, against Matthias Button to 
satisfy judgment granted 12 : 2 : 1664 to William Marston, signed 
by Tho. Bradbury,* rec, and returned by Abraham Drake,* 
marshal of Hampton. 

♦Autograph. 



200 HAMPTON QUARTERLY COURT [Oct. 

shillings. They chose the latter course, and Bartholomew Heath 
engaged to pay the fine. 

Administration upon the estate of Robert Tuck was granted to 
the widow Johannah Tuck and Jno. Samborn, her son-in-law, who 
were ordered to bring in an inventory to the next Salisbury court. 

Will of John Eyer, the elder, of Haverhill, dated Mar. 12, 
1656-7, and attested by Henery Palmer, 6:8: 1657, in Hampton 
court, before Tho. Bradbury, recorder. He bequeathed to "my 
son John Eyers my dwelling house & house lott but my wife to 
have my house & orchard & The pasture of English grass by y* 
barne and the lento at the south end of the barne and to have 
liberty in y^ same New barne, to lay in such hay or Corne as shee 
shall haue occation to make use of, dureing y'^ time of her naturall 
life, & at her death to return to my son John Eyers & dureing y^ 
time of my wives life, my son is to haue y'' use of my house lott & 
barne and to pay my wife Ten shillings an acre for every acre of 
broken up land in this my house lott. & after y" end of my wife's 
life and when this falls into my son Johns hand then he shall pay 
as foUoweth, five pounds the first yeare after my wives Death to 
my son Nathaniel y^ 2*^ yeare five pound to my Daughter Hanah, 
y*' ^^ yeare foure pound to my Daughter Rebeka, y'' 4*^^ year 41i. 
to my Daughter Mary, if either my Daughters Rebecka or Mary 
Dy before this pay be due unto them, then it shall Remain unto 
their Children but if Nathaniel or Hanah Dy before it be due & 
leve no Children, then his or hers to be payd unto my son obadia 
as is above specified to be payd unto them. 

"I give unto my son Nathaniel, the house & house lott which 
I bought of my son John Eyers, & 2 Cous comons with all y*' pri- 
vilidges belonging unto two Cow Commons, & to haue this when 
his apprenticeship is out -wdth his Master french & in y^ mean time 
my wife to have y*' disposeing and benefitt of it & if Nathaniel 
Dyes before y'^ sayd time, y*" s"^ gift to Nathaniel, to remain to my 
Daughter Hanah I doe likewise giue to my son Nathaniel my 
medow in Hawkes medow, & my North medow but not to haue it 
till after the Death of my wife, but shee to have the use & benefitt 
of it Dureing her natural life I doe likewise enjoyne these my 
two sons John & Nathaniel not to sell these houses or house lotts 
or any part of it to any except they first profer it to all their other 
brothers and the}^ to haue the refusing of it, at another mans price 
which if either of them shall doe Then this my gift shall be void 
in law and his house and land which he or they shall so sell, shall 
be forfeited to my other sons 

"I giue my land in the lower and upper Plaines to be equally 
Deuided between my sons Robert, Thomas, & obadiah Eyers & 
for as much of it as is broken up to pay yearly to my wife Ten 
shillings for every acre in such corne as shall grow on y'' sayd land, 



1664] RECORDS AND FILES 201 

at such price as y^ country Rate shall be payd at, & if they shall 
not improve it for come Then to pay in such pay as shall be equi- 
uolent to corne at Country price, likewise my sons John, Nathaniel, 
Robert, Thomas and obadiah, shall maintayn all fences about this 
Land and to pay all Rates which shall be due upon the same after 
y^ yeare one Thousand six fifty seven but this 57 my wife to haue 
y*' use and benefitt of all my Land & medow & after to be my sons 
as is before specified. & further enjoyne those mj^ sons not to sell 
any p* or percell of this Land without the consent of y'' other two 
brothers which if any doe then this my gift to be voyd in Law, 
and y^ Land so sould to be forfeited unto my other sons Prouided 
y* my other sons will take it at an other mans price, & if either of my 
sons shal refuse to take my Land upon these terms which are heer 
set down, then y* which any of them shall so Refuse puided he 
leave all or also none of his sd Land by me thus giuen, shall be my 
wiues to dispose of as shee please 

"I likewise giue unto mj^ son obadiah two ox comons in y« 
Comon ox pasture, & two Cow Comons with all their Priuillidges 
belonging to four Comons, & halfe my two Diuisions of upland & 
medow & a young Calfe of this yeare when it shal be weanable, 
it shal be which my wife please, & y* young Sow whose ear hangs 
down & all my flaggy medow I giue to my son Peter y" other halfe 
of my second Division of medow & upland & two ox Comons with 
all priuihdges belonging to two ox-Comons, & three acres of Land 
in y^ uper plaine which he hath alredy in his posession I giue my 
third Diuision of land which is granted by the Town to be layd 
out I giue to my son John Eyer & Peter eyer to be equally de- 
uided between them. I giue to my wife my best cow, & to my 
Daughter Hanah my second best cow, & my other Cow & three 
yeare old heifer, to my Daughters Rebecka, & Mary And all my 
other goods & Cattle & swine & household stuff undisposed of I 
giue it to my wife Hanah Eyers whom I make my sole executrix 
& whom I appoynt to discharge all my debts and to take care for 
mv Buriall." Copied from Norfolk county records by Steph. 
Sewall,* Cler. 

Inventory of the estate of Jno. Eyers, sr., of Haverhill, lately 
deceased, appraised, 10 : 2 : 1657, by Mr. Robert Clements, James 
Dai-is, sr., and Henry Palmer : 4 Oxen, 25U.; 4 cowes, 2 steers & 
a calf, 20h.; 20 swine & 4 piggs, 18U.; one plough, 2 payer of 
plough irons, one harrow, one yoke & cheine & a cart rope, 41i. ; 2 
howes, 2 axes, 2 shouels, 1 spade, Ih.; 2 wedges, 2 beetle rings, 2 
sailes & a reaphook, tonges & pothooks, hangers in y^ chimny, 13s. ; 
2 potts, 3 kettles, one skillet, a frying pan, a warming pan, 31i. 3s.; 
In peuter, lU.; 3 flock beds & bed clothes belonging to them & 
bedsteds, 18h.; 12 yards of cotten cloth & cotten wooll & hemp & 
flax, 4h.; wooden stuff belonging to ye house, Hi. 16s. 6d.; 2 
wheels, 3 chests & a cubbard, lU. 3s. ; 2 muskets & all yt. belongs 

* Autograph. 



202 HAMPTON QUARTERLY COURT [Oct. 

Nath. Boulter demanded the bond given by the town of Hamp- 
ton in the case of appeal from Salisbury court assigned to him. 

Robert Swan and Barthollemew Heath, both of Haverhill, were 
bound on condition that said Swan should keep the peace toward 
Steven Kent of Haverhill. 

Widow Tuck was granted license to keep the ordinary for the 
town of Hampton and to sell wine and strong waters for the year 
ensuing, as before. 

Court ordered that the widow Peasly should have liberty to 
make a division of the house and land between her and Tho. Bar- 
nett, in behalf of his wife, according to the will of Joseph Peasly, 
and said Bamett to take his choice, or else the said Barnett to 
make the division of the land and the widow Peasly to take her 
choice. If they could not agree, then Willi. Osgood, Richard 
Currier and Sam. Foot were to make the division. 

In the complaint against Jno. Wedgwood, the jury found him 
guilty of a rescue, but they also found a disorder in both parties. 

Nathanell Boulter acknowledged a debt of six pounds to Hum- 
phrey Falkner, according to his indenture made with Henry Roby, 
and assigned to said Boulter. Owned in court before Tho. Brad- 
bury, rec. 

Mr. Christopher Hussey was bound to pay to Jno. Mason, his 
apprentice four pounds at the end of his term of apprenticeship. 
Owned in court before Tho. Bradbury, rec. 

Salisbury was ordered to pay 40s. for not prosecuting an appeal 
in the case of Robert Ring. 

The constable of Haverhill was ordered to pay 40s. according 
to law for not delivering the county rate and accounting with the 
treasurer in the year 1663. 

Robert Swan was ordered to pay 40s. for not prosecuting his ap- 
peal from the commissioners of Haverhill in the action with Kent. 

to them, 21i. 10s. ; bootes, 15s. ; fresh meat, 15s. ; about 40 bushels 
of come, 71i.; his wareing apparell, 81i.; about 6 or 7 acres of 
grayne in & upon ye ground, 91i.; the dwelling house & barne & 
land broken & unbroken w*^ all appurtenances belonging to it, 
12011. ; forks, rakes & other smal implemts, about ye house & barne, 
Hi.; debts owing to him, IH.; between 2 or 3 bushels of salt, 10s. 
Allowed at Hampton court, Oct. 6, 1657, upon oath of Hanah 
Eyers, executrix. Copy made by Tho. Bradbury,* recorder. 

♦Autograph. 



1664] RECORDS AND FILES 203 

Joseph Dow, having been found guilty of a rescue, was fined, 
and for breach of the peace in striking Phillip Brown was fined. 
Brown was also fined for striking Dow. 

Jno. Wedgwood and Robert Smith were admonished. 

Court ordered a rate of 301i. to be made to defray county charges. 

Servants of the house were allowed six shillings. 

Court held at Ipswich, Nov. 10, 1664. 

John Anaball dying intestate, the honored magistrates, Mr. 
Samuell Symonds and Maj. Genii. Denison, granted administra- 
ton to Anna, the widow, and she was ordered to bring in an inven- 
tory to the next Ipswich court. 

Court held at Ipswich, Nov. 19, 1664. 

Jonathan Singletary acknowledged judgment to Mr. Phillip 
Nellson, executor to Mr. Joseph Jewett, before Mr. Samuell 
Symonds and Maj. Genii. Denison. He was to abide in the same 
capacity till the next second day at twelve of the clock with the 
keeper. 

Court held at Salem, 29 : 9 : 1664. 

Judges : The WorshipfuU Mr. Simond Bradstreet, Mr. Samuell 
Symonds and Major Wm. Hathorne. 

Grand jury : Henry Skerry, Joshua Ray, Tho. Rootes, Fran. 
Lawes, Hen. Herrick, sr., John Dodge, Tho. Rix, Ambross Gale, 
Richard Johnson, William Mirriam, Allen Bread, jr., Jeremiah 
Watts, William Allen and Henry Waker. 

Jury of trials : Nathanyell Putnam, Samuell Gardner, Antho. 
Ashby, John Rayment, Roger Hasckall, John Peach, jr., Robert 
Rand, Fran. Burrell, Wm. Bassett, John Newell, sr., John Fisk, 
and John Kettle. Chosen for Capt. Price and partners v. Jon. 
Pickering, Tho. Fisk and Marke Bacheldor. 

John Pickering v. Capt. Walter Price and Mr. Hen. Bartholo- 
mew, Jon. and Samll. Gardner, proprietors of the new mill. Tres- 
pass. For coming upon his land, digging and carrying away much 
earth and landing the dam upon his land. Verdict for defendant.* 

*Writ : John Pickering v. Capt. Walter Price, Mr. Henry Bar- 
tholomew, Mr. John and Samuell Gardner, partners in the build- 
ing of a mill on the South river in Salem; dated 11 :9 : 1664; 



204 SALEM QUARTERLY COURT [NoV. 

signed by Hillyard Veren,* for the court, and served by Samuell 
Archard,* marshal of Salem. 

At a meeting of the selectmen, 18 : 9 : 1664, it was ordered that 
there should be a highway laid out near Bartholmew Gidneyes 
new mill over the south river "and is laide out this Day from the 
place aforesd ten foote aboue high water marke into the bancke 
untill we com neare the mill to a stake and soe ag"*' the mill as it 
is bounded by 4 stakes in a Rainge or right line." Copy from the 
town book by Henry Bartholmew,* recorder. 

Petition of John Pickringe,* dated June 29, 1664, to the Worship- 
full Symond Bradstreet, Esq., and the rest of the court at Salem : 
That whereas there was to be erected a mill upon a river which 
flowed upon petitioner's land, and the land upon which it was to 
be built was the land of the petitioner's, the owners not having 
asked his permission, and whereas if they did set it in another place 
not far distant, they could have his consent, he requested the court 
to settle the matter in the beginning before the foundations be laid 
in order to prevent further trouble. 

At a general town meeting, 22 : 6 : 1663, it was ordered that 
Uberty be granted for building a mill over the south river near Mr. 
Ruck's. Also on 9:9 : 1663, it was voted that Walter Price, 
Henry Bartholmew, John Gardner and Samuell Gardner be given 
liberty to build a mill over the south river near Mr. Ruck's, pro- 
vided it be built in two years or lose their privilege . Copy from 
the town book by Henry Bartholmew,* recorder. Deed, dated 
9:11: 1651, Tho. Ruck of Bostone, draper, sold to John Ruck of 
Boston, for 40li., one dwelling house in Salem, with a parcel of land 
about said house containing nine acres, with the wharf, barns, 
stables, cowhouses, tenements, fences, etc., bounded by the sea on 
the east, land of Mr. Emorye on the north, the common on the 
west and by John Pickering and the river on the south. Wit : 
Tho. Hingsells and Samuell Ruck. Acknowledged, 17 : 7 : 1652, 
before Richd. Bellingham. Copy made by Hillyard Veren,* 
clericus. 

Deed, dated 3:8: 1660, John Ruck of Salem and Hanna, his 
wife, sold to Mathew Woodwell of Salem, seaman, for 19h., two 
acres of upland in Salem near the now dwelling house of said John 
Ruck and having the cove that lay behind his house on the north 
of it, and bounded on the east by the river that ran to Castle Hill 
and on the south and west by land of John Ruck. Said Ruck 
promised to lay out a highway, fourteen feet wide, extending from 
the common that lay before Goodman Lawes' house down to the 
land of said Woodwell, within two years after said Woodwell had 
lived upon the land, and that in the meantime, he was given liberty 
to bring any cart or cattle through the open bars and so through 
the land of said Ruck and about the place where the highway 
should be, not leaving any of his cattle to feed in the said land. 

♦Autograph. 



1664] RECORDS AND FILES 205 

Wit : Edward Norice and George Keser. Acknowledged, 3 : 
8 : 1660, before Williani Hathorne. This deed was recorded in the 
records at Salem for the county, book 2, p. 65, by Hillyard Veren, 
recorder. Copy made by Hillyard Veren,* clericus. 

Answer of the proprietors of the mill, dated Nov. 30, 1664, to 
John Pickrin's pleas to the court : First, they deny that the land 
in question was ever the plaintiff's or any others before him and 
that therefore the several deeds of sale from Mr. Thomas Ruck 
and others do not give title to the land. Second, they deny that 
the plaintiff can legally claim possession according to a law on 
page 65, titled possession. Third, the plaintiff claimed by the 
testimony of Capt. Trask and Mr. Connant to prove a title to Mr. 
Scelton, which cannot appear, because Capt. Trask affirmed that 
all the lots from John Swet's and upward bounded upon the river 
and concluded that the land in controversy must also, but the con- 
trary appeared by testimony of Major Hathorn and others. Fourth, 
that even if the land in controversy once was Mr. Scelton's yet it 
did not follow that it was now the plaintiff's, because Mr. Thomas 
Ruck, the furthest title the plaintiff pleads to, had no other title 
than from Capt. Davenport, which came short of the land in con- 
troversy, as per testimony of Capt. Davenport and Major Hathorn; 
also by the plaintiff's guarantees, several fences made upon their 
land, all of which came short, and if their bounds had been to the 
river, as was alleged, they would never have run their fence along 
upon the top of the bank, it being of a great length, instead of 
which three or four poles of fence at each end to the river would 
have secured their land. Fifth, that the plaintiff "takes Vpon 
him to Answer o' pleadinge to An Agreement, he might have 
saved that Labour Vntell we had Soe pleaded, thus Lookeing Vpon 
Inocencie to be o"" best plea In which we Crave the protection of 
this Hon^d Court." 

John Pickering's pleas : That the land was plaintiff's by deeds 
recorded, and when men's lands are bounded upon a river, no com- 
mon highway can lie between those lands and the river, moreover 
the law gives the bounds to low water mark to the proprietor of 
the land adjoining to any creek, cove or those places where it ebbs 
not above a hundred rods. (See Law book, page 20, titles, con- 
veyances, deeds and MTitings, and page 50, liberties common.) 
That this land had been possessed by the plaintiff and his grantors 
before Oct. 19, 1652 and enjoyed by them until June or July, 1664, 
and the law says that when lands are so possessed and not claimed 
and the claim entered, the proprietors shall enjoy the sam^: it 
was possessed by plaintiff from May, 1664, by Mathew Woodwell 
from Oct., 1660, by Mr. John Ruck from Feb., 1651 and by Mr. 
Thomas Ruck time out of mind, at least twenty or thirty years, 
it having been laid out to Mr. Skelton about thirty-four years ago, 
the latter being the first possessor, per testimony of Capt. Wm. 

* Autograph. 



206 SALEM QUARTERLY COURT [NoV. 

Trask and Mr. Roger Conant. (See Law book, page 65, titled 
possession, and page 81, title witness.) That the evidence says 
that the lots from John Sweet's upward and downward, the land 
in question, is one of the next lots upward, but it is indeed the very 
next lot. That if it can be proved that the land is defendant's 
by any agreement made with the plaintiff, he answers that no aliena- 
tion of land is good in law except under hand and seal, delivered, 
acknowledged and recorded or possession given by turf and twig, 
and if any such thing be produced by defendant, the plaintiff must 
be silent. (See Law book, page 20, conveyances, deeds and writ- 
ings.) That trespass upon the land is proved by testimony of 
John Horn, Bartholmew Gidny and John Reevs. 

Deed, dated May 27, 1664, Mathew Woodwell* of Salem, brick- 
maker, sold to John Pickering of Salem, about half an acre of land 
in Salem, which was part of that ground that said Woodwell's 
house now stands upon, and next to the South river side, partly 
within the fence and partly without, bounded on the north by a 
strip of land of Mr. John Rucke's that runs between it and a cove, 
and on the east and south by the South river and on the west by 
land of grantor. Wit : John Princef and Bartlemew Gedney.t 
Recorded in the records of Salem, June 6, 1664 by Hillyard Veren,t 
recorder. 

Bill of costs of Capt. Price and company. Hi. 16s. 6d. in first 
action, and 21i. Is. lOd. in the second. 

Richard Davenport, aged fifty-eight years, deposed that, having 
lived many years in the town of Salem, from 1631 until 1643, it 
was the custom of the town to reserve, in the lots that bordered 
on the harbor or rivers, either North or South, two poles' length 
at the least between the ends of such lots and the bank of the high 
water mark. Deponent further said, concerning that land that 
was given to Mr. Samuell Skelton, sometime pastor of the church 
here, lying between the Governor's field and Jon. Sweet's, was by 
Sam. Skelton, jr., son and heir to the said Mr. Skelton, sold to de- 
ponent, and it contained about four acres. Deponent sold this 
land to Mr. Thomas Rucke of Salem, and it was accounted to be 
laid out as all other lots were, that is, two poles from the top of the 
bank inward for a common highway. Deponent also said that it 
was a very usual thing to make use of a highway along the South 
river side, and to that end there were stepping stones laid over a 
small creek which lay between the house of Jon. Sweet and that 
side of the land that was Mr. Skelton's. Sworn in court. 

Wm. Hathorncf deposed that it had been commonly said for 
nearly thirty years that there was a way of two rods broad upon 
the edge of the bank up the South river against Mr. Skelton's lot, 
and that for many years there was constant use of a way below 
the bank to the stepping stones, which was some rods above the 
dam. Sworn in court. 

* Autograph and seal. t Autograph. 



1664] RECORDS AND FILES 207 

John Pickering and Jonathan Pickering v. Capt. Walter Price, 
Mr. Henry Bartholmew and John and Samll. Gardner, proprietors 
of the new mill. For damming up the channel or river below their 
land and hindering their coming by water to said land or improving 
it for a building place for vessels. Verdict for defendant.* 

Walter and John Feirefeild, heirs apparent to the inheritance 
that was their father's v. Richard Coy. For withholding posses- 
sion of a dwelling house and lands, which was their father's. Ver- 
dict for defendant.! 



Jefferie Massey, aged seventy-three years, deposed that for 
about thirty-four years, that "I haue bene in Salem there was a 
way betweene the lande that M"" John Ruck now liueth on and the 
river before his house and went to the Coue caled Sweets Coue 
and the way into the South feild was ouer the sd Coue and went 
alonge vnder the banck vntill we com to a place comonly known 
by the steppinge stones where we went ouer the Riuer and furth' 
that since I haue bene imployed in layinge out lande for the towne 
which is now as I take it about 30 yeares we were alwayes carefull 
to reserue lande free for hie wayes." Sworn in court. 

William Trask, sr., aged seventy-seven years, deposed that he 
was one of the lot layers about thirty-four years before, and was 
at the laying out of several of the lots in question, and there was 
no highway allowed at the water's edge, for the town at that time 
did not conceive that there was any need of a way by the water's 
side. The lots ran down to the river. Sworn, Nov. 29, 1664, 
before Simon Bradstreete.| 

William Allin, aged about sixty-two years, deposed that being 
an inhabitant in the town of Salem for the space of about thirty- 
eight years, etc. Sworn in court. 

Roger Conantt deposed that, being one of the first inhabitants 
of the town of Salem, and one of the lot layers, there was never a 
highway laid out there, etc. Sworn in court. 

*Writ, dated 11:9: 1664, signed by Hillyard Veren,t for the 
court, and served by Samuell Archard,t marshal of Salem. 

tWrit, dated Nov. 18, 1664, signed by Tho. Fiske,t for the court, 
and served by Samuell Archard,t marshal of Salem. 

Richd. Coy's bill of costs, 19s. 6d. 

Copy of record of Salem court of 29 : 9 : 1660, in division of 
Fayerfield estate, made by Hillyard Veren,t cleric. 

Lease, dated 24 : 3 : 1658, given by Peter Palfrey§ of Reding 
to Richard Coy§ of Ipswich, of the dwelling house and farm, late 
of John Fairfield's, and last in possession of Wm. Geare, partly 
in Wenham and partly in Ipswich, for eight years until July 21, 
1666, which will be when Benjamin Fairfield, with the rest, shall 

tAutograph. §Autograph and seal. 



208 SALEM QUARTERLY COURT [NoV. 

Peeter Duncan v. Mordecaie Creford. Debt. Verdict for 
plaintiff.* 



by their father's will possess it, said Coy paying 50s. for the first 
year and 5h. per year afterward, half in wheat and halt in Indian 
corn. The grain was to be delivered within one quarter of a mile 
of the Salem meeting house, and whatever building or fencing was 
added by Coy, he was to be allowed for it. Wit : Tho. Fiskef 
and Antipas Newman.f 

Richard Hutton, aged about forty years, deposed that he was 
present when a bargain was made between Richard Coye and 
Walter Fairfield for one third of the farm, and it was agreed that 
for his third part which he hired of said Coye, only some small 
matter which said Coye reserved, the said Fairfield agreed to pay 
ten pounds upon the account of rent then due, etc. Sworn in court. 

Copy of will of John Faierfeild taken from Salem court files by 
Hillyard Veren,t clericus. 

Thomas Fiske, aged about thirty-four years, deposed that being 
in company with Walter Fairefield and Richard Coye, etc. Sworn 
in court. 

Plaintiff's declaration : John Fayerfield, their father, about 
the year 1646, died seized of certain estate, the housing and land 
being left to them by will, their mother to have only a certain right 
to the use and occupation of the housing, but not to dispose of it 
or to have the profits of it for any set term of years. As his wife 
was "the most trusty friend that he Left in the world," she was 
given the care of the estate, but the plaintiff's "fathers fatherly 
Care of his fatherles Children was such that if his wdfe ware about 
II to II dispose of her selfe in marriag that then before it should be 
solemnised our father did require his wife" to give security, etc. 
If Paulfry had a seeming right to the inheritance while their mother 
lived, it could not continue after she died, and he had broken the 
will to the plaintiff's great damage, so that Paulfry had no right 
to lease the estate to the defendant. When the will was made the 
life of his wife and also of Benjamin was uncertain. The plaint- 
iffs assert that they are now of age and the property should be 
divided according to the intent of the will. 

*Writ : Mr. Peter Dunckan v. Mordecay Craford; debt; dated 
23 : 9 : 1664; signed by Hillyard Veren,t for the court; and served 
by the constable of Salem. Georg Roppes,t constable, and John 
(his mark) West. Wit : Elias Mason and Gilles (his mark) Aley. 

Bond dated Mar. 18, 1662-3, Mordica (his mark) Creford of 
Salem to Peter Duncan of Glocester, for 441i., to be paid in fish 
at Boston or Gloucester. Wit : Antho. (his mark) Daye and 
Alexr. Wille.f 

Mr. Duncan's bill of cost. Hi. 16s. 6d. 

t Autograph. 



1664] RECORDS AND FILES 209 

Richd. Ober v. Samll. Walton. For withholding his chest and 
wearing clothes. Verdict for plaintiff.* 

Samuell Walton v. Richard Ober. Non-performance of a fish- 
ing voyage.f 

*Writ, dated 11 : 9 : 1664, signed by Hillyard Veren,t for the 
court, and served by Nickles Merrett,! constable of Marbellhead. 
Nathanell Walton gave bond. 

Declaration of Richard Ober : That ''for want of my Clous I 
ware not Able for to goe to seay by which meanes the Boat was 
foursed to Lay Ashore to thare great damag whieles Another boat 
in the maine tyme went to seaye and Cast twenty Cantells or thare 
About of fish whare of the quarter part is my damage." 

John Meager testified. 

Willm. Bartoll deposed that being master of a voyage and seeing 
the boats as they came in, etc. Nicholas Meritt also deposed. 
Sworn in court. 

Robert Bradford, aged thirty-two years, deposed that Lot Con- 
ant asked him to tell Richard Ober, if he saw him, to make haste 
away, and deponent met him at Boston and asked him why he 
did not make haste for Samll. Walton depended upon him accord- 
ing to promise. If Walton had shipped another man deponent 
was sure he would have heard of it, because they were neighbors, 
always going between each other's houses. Sworn in court. 

Thomas Harve and John Meager deposed that Samll. Walton 
acknowledged before them that he was to send a note to Richard 
Ober as to whether he would take him or not, but did not send it. 
Sworn in court. 

Richard Ober's bill of costs, 2U. 3s. 6d. 

Richard Thistle, aged about twenty-two years, deposed that 
Richard Ober, being at Marblehead before he sent his chest and 
clothes by Thomas Dod, did ship himself with Samuell Walton 
for this voj^age, and was to give the same for the boat hire as de- 
ponent gave. Ober was to give for stage room as Samuell Walton 
gave and was to send his clothes over to Marblehead the next 
second day, etc. Sworn, 24 : 9 : 1664, before Wm. Hathorne.J 

John Meager, aged twenty-six years, deposed that he, being at 
Marvellhead with Thomas Harve in his boat which came on pur- 
pose for the clothes of Richard Ober, went with Thomas Harve 
to the house of Samll. Walton and demanded the clothes. Wallton 
refused to give them up, declaring that Walton had agreed to go 
to sea with him, and he did not intend to give them up unless the 
law required him to do so. Sworn in court. 

Thomas Harve deposed that John Meager and Robert Skamp 
came, etc. Sworn in court. 

tWrit, dated 18 : 9 : 1664, signed by Hillyard Veren,t for 

t Autograph. 



210 SALEM QUARTERLY COURT [NoV. 

Mordecaie Creford v. Mr. Will. Browne, Samll. Archer and 
Edward Woollen. For coming aboard his bark and carrying her 
away. Verdict for plaintiff. Appealed to the next Court of 
Assistants. Said Browne and Peter Duncan bound. John and 
Samuell Gardner, in behalf of Mr. Browne, withdrew this 
appeal.* 

Mordecaie Creford v. Mr. Will. Browne and Samll. Archard. 
For seven or eight qu. of fish taken away and disposed of illegally 
and no account given. Verdict for defendant.f 

the court, and served by Nickles Merrett,t constable of Marbel- 
head. 

*Writ : Mordecaie Creford v. Mr. William Browne, sr., Samuel 
Archard, sr., and Edward Woollen; for coming aboard his bark 
where she was moored, taking her away with several goods and 
writings and turning said Mordecaie and his company ashore; 
dated 23 : 9 : 1664, signed by Hillyard Veren,t for the court, and 
served by Nath. Pickman,t constable of Salem, who arrested Mr. 
Browne and Samuell Archard, and attached the house of Edward 
Woollen. 

tWrit : Mordecaie Creford v. Mr. William Brown, sr., and 
Samuell Archard, sr. ; for fish which he had in his bark, shipped 
aboard for the use of Capt. Thomas Savage, taken away and dis- 
posed of by them illegally and no account given; dated 23 : 9 : 
1664; signed by Hillyard Veren,t for the court, and served by 
Nath. Pickman,t constable of Salem, who arrested the defendants. 

WiUiam Browne's receipt to Mordecay Creford, for 72h. lis. 
1 l-2d., dated 27 : 3 : 1662, and received by Capt. Thomas Savag. 
Copy made by Hillyard Veren,t cleric. 

"And pleas your honred Cort to tak it in to Considrasion what 
dameg it is to tak a way a man Ritings had I had my Ritings 
Captan Savges would not a proseqeted me be sids bills thar was 
of a grat sum which is to my grat Los." 

Mordica Creford's bill of charges, 2h. Is. 

Thomas Savage, aged about fifty-seven years, deposed that 
being at Salem about the beginning of the year 1662, Mordica 
Cravet informed deponent that Mr. William Brown had attached 
his fish and carried away his bark and fish to the said Brown's 
warehouse. He further told deponent that he was not in Mr. 
Brown's debt any considerable amount, and deponent told him 
that he did not believe Mr. Brown would wrong him. At Cravet's 
request, deponent went over the accounts with Mr. Browne, the 
balance was found and both seemed satisfied, etc. Sworn in 
Boston, 26 : 9 : 1664, before Edward Tyng,t commissioner. 

John Taply, aged about twenty-six years, deposed that for want 

t Autograph. 



1664] RECORDS AND FILES 211 

John Hoare, attorney to Danyell Hoare, sometime partner with 
Leift. Cook v. Leift. Richd. Cook. For a true account of what 
he had received and when and how he improved the estate in 
partnership. Withdrawn.* 

John Hoare, attorney to Dayell Hoare v. Leift. Richd. Cook. 
For dividing certain houses and lands and other estate in partner- 
ship. Withdrawn.! 

of suppHes from Mordika Craford "with his bark, grapells and 
Rods that he was to bring to us at damras Cove we war forsed to 
ly still when other botes went out and Lodid with fish which was 
to his grat dameg." Sworn in court. 

Samuell Archard, marshal, deposed that he served two attach- 
ments, one on Mr. Browne and one on Mr. Batter, and attached 
108 1-2 quintals of fish, which deponent weighed and laid it in Mr. 
BroAvne's warehouse chamber. Brown and Batter had 106 quintals, 
of which 11 quintals were appraised to Mr. Batter at 25 ryalls a 
quintal in the year 1662. Sworn in court. 

John Green, aged about nineteen years, testified that when the 
marshal attached his master Mordek Craford's bark, he sent 
deponent "abord for his Ritens and thay would not let me have 
them and I put them Ritens in to a Stoken in his Chest and i did 
not to my Remembrenc never se them sence." Sworn in court. 

Robart Larencs, aged about twenty-eight years, deposed. Sworn 
in court. 

Richard Honyewell, aged about fifty years, and John Taplye, 
aged about twenty-five years, deposed that at Damros Cove in 
May, 1662, Mordyechye Cravett received between seven and eight 
score quintals of fish which was the product of the voyage and 
shipped aboard the bark for the use of Captayn Thomas Saeveig. 
They further deposed that keeping the bark in Salem harbor pre- 
vented the company at Damros Cove from getting supplies, etc. 

*Writ : John Hoare of Concord sometime partner with Richard 
Cooke V. Leift. Richard Cooke of Boston; for a true account of 
what he received and when, how improved the estate in partner- 
ship since they last made up their accounts in 1653, as appeared 
under both their hands, and for full proof of the account given 
under the hand of said Richard on 3 : 10 : 1663, that it may appear 
what is due Daniel Hoare and Richard Cook, etc.; dated Nov. 
24, 1664; signed by Samuel Green,| for the court; and served by 
Rich. Wayte,J marshal of Suffolk, by attachment of the dwelhng 
house, stable and land of defendant in Boston. 

tWrit, dated Nov. 24, 1664, signed by Samuel Green,J for the 
court, and served by Rich. Wayte,t marshal of Suffolk, by attach- 
ment of the dwelling house, stable and land of defendant in Boston. 

t Autograph. 



212 SALEM QUARTERLY COURT [NoV. 

John Hoare, attorney to Daniell Hoare v. Leift. Richd. Cooke. 
For not performing articles of agreement, etc. Withdrawn.* 

John Hoare, attorney to Danyell Hoare v. Leift. Richd. Cook. 
For withholding a debt due by bond. Withdrawn. 

Francis Wainewright, assignee of Gilbert Mudg v. Joseph Davis. 
Debt. Defaulted. But by consent of the parties, it was referred 
to the bench, who gave judgment for the defendant.! 

*Writ, dated Nov. 24, 1664, signed by Samuel Green,t for the 
court, and served by Rich. Wayte,t marshal of Suffolk. 

tWrit, dated 8:8: 1664, signed by Robert Lord,t for the court, 
and served by Robert Lord,| marshal of Ipswich. 

Francis Wainewright, t on Nov. 29, 1664, made Robert Lord, sr., 
his attorney in this action. Acknowledged before Daniel Denison.t 

Bond, dated June 21, 1661, Joseph Davist of Keterey to Gelbard 
Muge of lies of Shooles, fisherman, for 9h. in good tight barrels at 
price currant. Wit : Willm. CroscomJ and John Titherly.J Ac- 
knowledged, Oct. 10, 1664, by John Titherly before Daniel Deni- 
son.t Gilbert (his mark) Mudge, on Oct. 8, 1664, assigned this 
bill to Francis Wainwright. Wit : Robert Lord.| 

Samewell Davis, aged about twenty-eight years, deposed that 
Josefe Davis delivered a parcel of barrels to Richard Smith and 
John Parker, which barrels Gillbard Muge gave Mistress Michell 
order to receive of said Davis, said Smith and Parker being ser- 
vants of Mistress Mitchel. Sworn, Nov. 28, 1664, before Simon 

Receipt, dated Aug. 17, 1661, given to Joseph Davis by John 
(his mark) Parker and Richard (his mark) Smith, for the barrels. 
Acknowledged before Daniel Denison.t 

Richard Smith, aged about thirty years, deposed that Gilbert 
Muge appointed Mrs. Sarah Mechell to receive a parcel of casks 
of Joseph Davis, and she received six tun of tight barrels, deponent 
living with her at that time as a servant. Further, he and one 
John Parker brought the casks from said Davis' shop and gave 
receipt in their mistress' name, and deponent also brewed the beer 
that was put into the casks in the year 1661. Sworn, Nov. 29, 
1664, before Daniel Denison.| 

Thomas Davis deposed that he heard John Cookit say that 
Gellbard Muge, etc. Said Cookit was about twenty-three years 
of age. Sworn, Nov. 28, 1664, before Simon Bradstreete.t 

Jeramiah Balcher, sr., and Robert Lord, marshal, deposed that 
they heard Geilbert Mudge own that he had two bills of Joseph 
Davis, one 8U. and the other 91i.. both for one debt, and that he 
had received two tun of casks upon the bill of 91i. when the 81i. bill 
was due, etc. Sworn in court. 

t Autograph. 



1664] RECORDS AND FILES 213 

Jon. Todd v. Robt. Swan. Review. Concerning a parcel of 
land. Nonsuited.* 

Tho. Bloomefeild v. John Todd. Review of an action of six 
pounds tried, 29 : 7 : 1663, at Ipswich court. Verdict for plain- 
tiff.t 

John Jemson, aged about twenty-four years, deposed that he 
was an apprentice to Joseph Davis in the year 1661, etc. Sworn, 
Nov. 28, 1664, before Simon Bradstreete.| 

*John Todd of Rowley v. Robert Swan; review, concerning a 
parcel of land lying on Marimake river on the south side in Rowley, 
the title of which was tried at Ipswich last March; dated, Nov. 
24, 1664; signed by Tho. Leaver,! for the court; and served by 
Stephen Kent, J constable of Haverell, by attachment of house 
and land of Rob. Swan, the land being adjoining and mostly broken 
up, consisting of twenty-two acres. 

fWrit, dated Nov. 22, 1664, signed by Anthony Somerby,t for 
the court, and served by Tho. Mighell,| deputy constable of Row- 
ly, by attachment of the brew house of defendant. 

Thomas Blomfield's plea : First, that he was arrested for a debt 
to John Tod, but nothing appeared on the latter's books. Second, 
that according to the books, the debt was charged to Richard 
Singletary, who should be sued for the amount instead of himself. 
Third, that even if Anthony Austin said he was engaged to pay 
it, the evidence of one man ought not to be sufficient to take away 
a man's estate, which would be contrary to law on the first page. 
Fourth, that Austin's e\'idence that the cloth was delivered to him 
was a mistake, for John Tod laid it upon his horse and he was 
forced to carry it to Ipswich because Richard Singletary was sick, 
and disposed of it according to Singletary's appointment. Fifth, 
that Mr. Tod had two j^oung heifers, which were both with calfe, 
etc. 

Answer : First, that he was arrested for what he was engaged 
as per testimony of Anthony Austen and Richard Singletary. 
Second, that the book showed canvas delivered, etc. Third, one 
evidence is sufficient. Fourth, the cloth was delivered to Bloom- 
field, who brought it to Ipswich and with it redeemed his son out 
of prison, and Richard Singletary did not return to Ipswich but 
went away home. Fifth, both were engaged to pay, and John Tod 
was suing him for only one-half, Singletary having satisfied for 
his part. "It is too much Ingratitude for Tho. Bloomfield soe ill 
to requite the sayd Tod for his loue." 

Thomas Blomfield's bill of cost, 31i. 9s. fid. 
Wm. Chandler, aged forty-eight years, deposed that on Sept. 
29, 1663, Thom. Blumfeild owned the debt to John Tod and said 
it should be paid and if the latter would not enter his action, he 

JAutograph. 



214 SALEM QUARTERLY COURT [NoV. 

John Godfery, attorney to John Todd v. William NichoUs. 
Debt, for divers years. Verdict for defendant.* 

would pay him in the spring. Sworn, Sept. 28, 1664, before Daniel 

Denison.f 

Robert Lord, marshal, deposed that he took upon execution from 
Thomas Blomfield two heifers which were valued at 71i. 10s., and de- 
livered them to John Tod on account of the canvas. Sworn in court. 

Copy of Ipswich court records, Sept. 29, 1663, in foregoing action 
made by Robert Lord,t cleric. 

Writ : Mr. John Tod v. Thomas Bloomfield; non-payment of 
six pounds due for a parcel of canvas for the use of Jonathan 
Singletary; dated Sept. 22, 1663; signed by Richard Littlehale, 
for the court; and served by Robert Lord, marshal of Ipswich. 
Copy made by Robert Lord,t cleric. 

Anthony Austone deposed that Richard Singletary and Thomas 
Bloomfield came to John Tod's house for some goods to redeem 
their son Jonathan Singletary out of prison, and Todd delivered 
to Thomas Bloomfield a hundred odd yards of canvas, which the 
latter took away, both promising to pay Tod for it. Sworn in 
Ipswich court, Sept. 29, 1663, before Robert Lord,t cleric. Copy 
made, Feb. 2, 1663, by Robert Lord,t cleric. 

Anthony Austine, aged about twenty-eight years, deposed that 
he asked Thomas Bloomfield to whose account the canvas was to 
be charged, and he replied that it did not matter, and deponent, 
having Singletary's account ready at hand, charged it to him. 
Sworn, Nov. 29, 1664, before Daniel Denison.f 

John Severanc deposed. 

Richard Singletary, aged about seventy-two years, deposed that 
they took 121i. worth of canvas and both engaged to pay John 
Tod. Sworn, Nov. 26, 1664, before Daniel Denison.f 

Robert Lord, jr., deposed that he was at Mr. Willson's when 
Richard Singletary and Thomas Bloomfield were there to see 
about redeeming Jonathan out of prison. Deponent had part 
of the goods for fees and the rest was delivered to John Godf ry and 
the keeper of the prison, etc. Sworn in court. 

John Godfre and Jonathan Singltary deposed that John Tod 
told them that Richard Singletary and Goodman Blomfield were 
"able men both & I look only to goodman Singletary,'' etc. Sworn 
in court. 

*Writ, dated Nov. 19, 1664, signed by Robert Lord,f and 
served by Robert Lord,f marshal of Ipswich, by attachment of 
two yearlings of defendant. 

Robert Lord, marshal, testified that Wiliam Nickols owned that 
he owed John Todd 44s., and John Godfre testified to the same. 
Sworn in court. 

t Autograph. 



1664] RECORDS AND FILES 215 

John Godfery v. John Kenrick. Debt due by the forfeiture of 
a bond. Verdict for plaintiff. The bench moderated the for- 
feiture of the bond, which was to be paid in wheat at 4s. 6d. per 
bushel.* 

Letter of attorney, dated Oct. 8, 1664, given by John Toddf of 
Rowley, merchant, to John Godfrey. Wit : Anthony Austinef 
and John Cheney, sr.f Acknowledged by John Cheney, sr., 30 : 
9 : 1664, in court. 

"Goodman Nicholls after thr p^'sentment of my loue vnto you, 
these are to desire you to pay m"" Corwin, forty f ower shillings upon 
the acco* of m"" Deane of Andever pray faile not : yo"" Loveing 
frend 

"John Tod."t 

"you may pay it in corne or porke I pray faile not for it will 
ocasion sute, & that wil be to yo"" 1 1 damage yf you 1 1 doe not pforme." 

The foregoing was a copy of a note presented to the court at 
Salem, 1 : 10 : 1664, but being so much broken, was not thought 
fit to be left in the court records. Copy made by Hillyard Veren,t 
cleric. 

Thomas Wilkins, Hanna Nichols, Margerett Wilkins and John 
Wilkins deposed that they heard John Godfry say that Goodman 
Nichols carried in the pay like an honest man to Capt. Curwdn and 
that he would not have him pay Goodman Tod anything for he 
would free him from the debt both to Goodman Tod and the debt 
from himself. 

Wm. Nicholls' bill of cost, lU. 10s. 6d. 

Anthony Austine, aged twenty-eight years, deposed that the 
following was the account between Goodman Tod and William 
Nickolls of Salem : William Nickols' account, 12 : 12 : 1660, to 
exchange of a horse, 15s., and to a rug, 9s., total, 21i. 4s. Sworn, 
Nov. 29, 1664, before Daniel Denison.f 

John Kitchin deposed at Salem, 1: 10 : 1664, that about two 
years ago, William Nicoles brought a quantity of pork to Salem 
which he said was to pay Captain Cor\vin for John Godfry, but 
Capt. Corwin would nor receive it. Therefore said Nicoles de- 
sired deponent to go with him to said Godfry to see if he would 
receive it himself, and finding him at Mr. Gedne's, Godfry also 
refused it. Sworn in court. 

*Writ, dated Nov. 21, 1664, signed by Robert Lord,t for the 
court, and served by Robert Lord,t marshal of Ips\vdch. 

Daniel Denison'sf receipt, dated May 16, 1664, to John Ken- 
ricke upon account of John Godfery for several parcels of cooper's 
tools to the value of twenty-five shillings. 

Bond of John (his mark) Godfry of Andover, dated June 21, 1662, 
whereas John Kindrick of Ipswich delivered to him 121i. 10s. in 

I" Autograph. 



216 SALEM QUARTERLY COURT [NoV- 

Capt. Walter Price, Mr. Henery Bartholmew and John and 
Samuell Gardner, partners in the new mill in Salem v. John Pick- 
ering. For damage done to them. Verdict for plaintiff.* 

English goods and cask to satisfy several executions obtained by 
Job Tyler before Mr. Samuell Symonds, also at Salem court and 
before the Major Genii., said Godfry bound himself to make so 
much received upon the back side of a bond he had in his hand of 
his for the payment of wheat, etc. Wit : Robert Lord, sr.,t and 
Robert Lord,t marshal. 

Anthony Somerby, aged fifty-four years, deposed that about 
May 27, 16 — , Goodman Cheny and John Godfry came to him 
about a bond that was in John Godfrye's hands of 331i. due from 
John Kenrick to him which was to be paid in wheat at 4s. 6d. per 
bushel, said Godfry agreed that if Goodman Cheny would engage 
for it that said Kenrick should have the said sum another year, 
deducting 121i. 10s. Deponent added the interest to the bond for 
another year as John Godfry took of others, but Godfry desired 
Cheny to give in a writing that he gave him upon the way as they 
went together, but Cheny said he had left it at home. He said 
he would bring it to deponent but he did not, and deponent thought 
he had made the bond aright, but when Godfry came he would 
not accept it, saying it was but a year's time since the 121i. 10s. 
were paid and as he supposed it was a year and three-quarters, 
yet Goodman Cheny still preferred him to engage to pay him what 
was found to be due him or what Kenrick and he agreed upon. 
Whereupon John Godfry replied, "Goodman Cheny do you thinke 
to take aduantage upon me by this no saith hee, I doe not, but 
I will giue you security for it if you will or else you may take your 
course John." Sworn, Nov. 28, 1664, before Daniel Denison.f 

John Godfre had a pair of shoes of Tho. Clarke of Ipswich upon 
the account of John Kendrike, 5s. 6d., and a paile for Job. Tiler, 
2s. 

John Godfre's bill of cost, 21i. 16s. 

John Cheney, sr., of Newbery, deposed, Nov. 28, 1664, that John 
Godfre being at Newbery upon a training day, etc. Sworn in 
court. 

Tho. Clarke of Ipswich, deposed, Nov. 30, 1664, that Godfrey 
rather desired security than the debt whereupon deponent replied, 
"John renew thy bond till next March & I will secure the debt." 
Jo. Cheney, sr., of Newbery was mentioned for security, etc. Sworn 
in court. 

*Writ : Capt. Walter Price, Mr. Henry Bartholmew and Mr. 
John and Samuell Gardner v. John Pickering; for damage by pull- 
ing up the stakes that the millwright had set down for placing the 
mill and throwing part of their timber into the river and turning 

t Autograph. 



1664] RECORDS AND FILES 217 

Thomas Robbins, assignee of James Underwood v. William Pitt. 
Debt. Withdrawn. 

the other part adrift, throwing their wheelbarrows and other work- 
ing tools into the river by night and also endeavoring after the mill 
was set down to turn it into the channel by night ; dated 23 : 9 : 
1664; signed by Hillyard Veren,* for the court; and served by 
Samuell Archard,* marshal of Salem. 

John Maston, aged about twenty-three years, testified, Dec. 1, 
1664, that the stakes by the new mill were plucked up and the 
workmen forced to leave off work, and so much of the gravel 
carried away, by reason of their going to work on the other side. 
This greatly increased the strength of the tide on that side, and 
so the foundation of the mill was hindered about four or five days. 
Sworn in court. 

Phylip Cromwell, aged about fifty years, testified, Nov, 30, 
1664, that about a fortnight since, being at Mr. Price's house, 
where John Pickrin was speaking with said Price about turning 
the wheelbarrows into the river, Pickrin declared that it happened 
before the agreement was made between said Price and company. 
Sworn in court. 

John Funell, aged about fifty-seven years, deposed, Nov. 29, 
1664, that being at the place where the mill was framing, John 
Pickrin asked him whether there were any difference between the 
upper and lower place for the mills to stand. Deponent answered 
yes, that if he were to build it, he would do it forty pounds cheaper 
in the lower than the upper. Further, that in staking out the 
platform for the foundation of the mills, it was done to the best 
advantage, and several of the stakes were driven beneath low water 
mark, etc. Sworn in court. 

John Funnel, aged about fifty-seven years, deposed, Dec. 1, 
1664, that when the stakes were pulled up, the workmen were 
forced to send a man on purpose for him to go speedily to stake 
out a new foundation for the new mill building on the South 
river in Salem. And whereas deponent gave them orders to dig 
channels to lay down the foundation, for want of a rule, they dug 
in the wrong place to their great damage. Sworn in court. 

Thomas Getch, aged about thirty years, deposed, Dec. 1, 1664, 
that he saw John Pickrin go down to the works and pull up the 
stakes. Further, that the shovels were cast into the river, and 
about eleven men were forced to stand still until ten or eleven 
o'clock, when the shovels and wheelbarrows were found. Four 
shovels, two spades and two wheelbarrows were utterly lost, etc. 
Sworn in court. 

Richard Maber, aged about eighteen years, testified, Nov. 30, 
1664, that when the mill near Mr. Ruck's was beginning, the anchor 

♦Autograph. 



218 SALEM QUARTEBLY COURT [Nov. 

Capt. George Corwin v. Frances Baites. Debt. John Hathorne 
jr., took oath in court to the truth of the account. Verdict for 
plaintiff.* 

John Codner was sworn constable for the town of Marblehead 
for the ensuing year. 

Tho. Hobbs, by Robert Lord, his attorney, acknowledged judg- 
ment to Frances Waineright of Ipswich. 

William Warner acknowledged judgment to Sergt. Jeremiah 
Belcher. 

Theophilus Bayly had license granted him to draw strong water 
and retail it wathin doors and without for the ensuing year. 

Joseph Davis, attorney of Symond Tuttle, acknowledged judg- 
ment to Mr. Eleazer Hathorne of a bill of debt, dated 16 : 9 : 1663, 
of lOh. 15s. 6d. 

There being an account of one Wm. Baker returned to the town 
of Lynn by authority from Boston, said Baker being infirm in 
respect of bodily health, and there being a question as to who 
should look after him and entertain him, court ordered that Mr. 
OUver Purchass take him into his care and provide for him for the 
time ensuing that he was to serve him, which will be till June, 1666. 

Mr. Eleazer Hathorn v. Mr. Symond Tutle. Withdrawn. 

Obadiah Rich acknowledged judgment to Mr, Edmond Batter. 

Mr. Moses Maverick, having been chosen by the town of Mar- 
blehead clerk of the writs, was confirmed. 

Walter Fairefeild was sworn constable for Wenham. 

Complaint having been made against Samll. Hucheson and more 
especially against Hana, his wife, for their disorderly living, said 
Hana often leaving her husband and her husband not providing 
necessities for her, the court bound them jointly and severally to 
good behavior. Upon their promise of reformation they were 
dismissed upon condition that they live together orderly, and if 
any further complaint was heard, they should be sent to the house 
of correction. 



that was made fast on the shore to keep the mill frame from fall- 
ing was heaved out of its place, etc. Sworn in court. 

*Writ, dated 19 : 9 : 1664, signed by Hillyard Veren,t for the 
court, and served by Isack Estey,t constable of Topsfeild, by at- 
tachment of seven pounds in the hands of Danill Clarcke. 

George Corwin's bill of costs. Hi. 4s. 6d. 

fAutograph. 



1664] RECORDS AND FILES 219 

Widow Harwood was given liberty to sell ten acres or five acres 
of land, as per inventory on file, also some part of her other goods 
which she could best spare, for her present support, provided it be 
by advice of the selectmen of Salem or WorshipfuU Major Wm. 
Hathorne. 

EUzabeth Spooner, relict of Tho. Spooner, deceased, was ap- 
pointed administratrix of the estate, and an inventory,* amount- 
ing to 33311. 3s. 8d., was allowed. Whereas there were several 
grand-children, namely, John, Elizabeth, Hana, Sara and Thomas, 
children of John Ruck by his wife, the daughter of Thomas Spooner, 
court ordered, it being consented to by said John Ruck, that the 
children have 12011. out of the said estate, payable at age, to John, 
4011., and to the others 201i. each. The remainder of the estate 
was to be left in the hands of the widow for her own use. Mr. 
Edmond Batter and John Ruck were appointed overseers. 

Court allowed 6s. for "huencries" to John Massey, late con- 
stable of Salem, to be paid by the treasurer. Mr. Wade of Ips- 
wich was to pay said Massey 4s. for his charge in sending three 

*Inventory of the estate of Thomas Spooner, taken 15 : 9 : 1664, 
by Edmund Batterf and Hillyard Verenif A dwelling house, with 
out houses & 13 acres of land adjoining, 15011. ; 1 3-4 acres of marsh 
& about 6 acres of upland lying in the south field, 161i.; 3-4 of an 
acre of marsh in ye north feild, 61i. ; about 37 acres of upland in 
the north feild, 401i.; 2 oxen, 2 steers & 5 Cowes, 401i.; 1 horse, 

1 steere, 1 heifer, 2 calves, 13h.; 1 swdne and 4 sheep, 3h.; a Cart 
& dung pott, with chaines, yoakes, Harrow & plow, 4h.; 2 loomes 
& sleas, 5U. In the parlor, a beadsteed, beading & furniture, 711. ; 

2 tables, 6 Jojti stooles & a Carpitt, 21i.; 7 chaires & cushions & 
2 smales stooles, 2H. ; 2 swords, 2 belts & a staff, Hi. ; a looking 
glass & som earthware, 6s. 8d.; bookes, 2h.; wearing aparrell, 
1211.; 7 pr. sheets, 5 pr. pillow beers, 1 doz. napkins, 3 table cloathes, 
& some other linnen, 511. In the hall, 2 chests, a settle & 3 boxes, 
Ih. 10s.; a high bead, truckle bead & ye beading, 81i.; 2 hatts, 
20s., 1 saddle & piUion, 20s., 2H.; a linnen wheele & 2h. of j^arne, 
10s. ; 2 old cushions & some other lumber, 5s. In the kitchen, an 
old table, forme, stooles & chaires, 12s. ; axes, augers, hoes & some 
other tooles, IH.; pewter, 20s., Iron potts, bras, & haukes, 411.; 
some pailes & wooden lumber, 10s. In the chamber, a beadsteed, 
10s. ; a feather bead, flock bead & beading & chest, 511. ; old cask 
& some other lumber, 10s.; a cheese press & darv vessells, 10s.; 
total, 333h. 3s. 8d. 

f Autograph. 



220 SALEM QUARTERLY COURT [NoV. 

warrants to the towns, and the treasurer was also to pay him 2s. 
for a "huencry" sent after Capt. Scott and Henry Frost. 

Henry Waker of Gloster and William Allen of Manchester were 
dismissed from common training, paying 3s. per annum for the use 
of the company. 

Mr. Edmond Batter of Salem was freed from common training, 
paying 6s. 8d. per annum for the use of the company. 

John Pickering, constable of Salem, was allowed 8s. for his 
charge in sending letters sent from the secretary to be conveyed 
eastward two several times, the country treasurer to pay him. 

George Bourrig acknowledged judgment to Capt. Georg Corwin. 

Court remitted the entry of an action of Nathanyell Pickman 
the last court, it having been withdrawn by the consent of the court. 

Whereas there was a county rate to be levied by order of the 
last Ipswich court, this court ordered that the treasurer collect 
the same together with all fines and court dues, to be disposed of 
as follows : to make payment to the ordinaries for the discharge 
of the court's expenses at Salem and Ipswich; to pay all such 
debts as have been longest due to any person or persons; with the 
remainder to discharge all other debts justly due. 

An inventory* of the estate of Nicholas Tucker, deceased, having 
been presented to this court by Andrew Tucker, administrator, 
and Mathew Price, though somewhat imperfect, yet it was ac- 
cepted, and the administrator was discharged of his bond, and held 
in another bond of 201i. for the perfecting of the inventory for the 
next Salem court. 

Court ordered attachments given out for the appearance of 
persons summoned before the WorshipfuU Major Wm. Hathorne 
upon presentments, and who did not appear. 

Fined, 24 :6 : 1664, by Major Hathorne:— 

John Brian, who went into Bartholmew Gidnie's house when 
the latter and his wife were not at home, was warned by the ser- 

*Inventory of the estate of Nicholas Tucker, taken by Andrew 
Tucker :t One Rugge, Cost at Mr. Willm. Brown's, 21i.; 1 suet of 
Cloaths, 21i. 15s.; 1 bagge of Linnen, 1 feather pillow, 2 silke 

Neckcloath, ; 1 Barrell Green ginger, cost 5h. ; 1 Cabin Rugge, 

1 Canvas bed sake, ;1 pr. boots & barrell. Hi.; hier of Boat, 

sumr. voiage, 41i.; 1 short Cape, ; what is due from Samll. 

Condey, heir of third of boate, winter vioage, 4U. 13s.; 1 fowlinge 

t Autograph. 



1664] RECORDS AND FILES 221 

vants to depart. He tarried all night and was found in the morn- 
ing upon a bed, etc. He was also fined for swearing and drunken- 
ness.* 

William Canon, fined for excessive drinking, and for attemping 
to strike the constable, was ordered to sit by the heels one hour. 

Georg Samon and his wife were fined 51i. each for uncleanness 
before marriage. 

John West was fined for breach of the peace, f 

Osmand Trask was fined for rescuing hogs and cattle as they 
were being driven to pound. i 

peece to Jno. Pedericke, 2h.; 16 pr. stockings, 3 suets sea cloaths, 
4 pr. shoos, 5 pr. drawers. Hooks, lines & leads, ; Rich. Nor- 
man is Indebted, 3s.; Willm. Watters, 3s.; EHas Henly, 3s.; Nich. 
Foxe, 3s.; Jno. Pedericke, 3s.; Thomas ElHs, 3s.; Jno. Harris, 
3s.; Jno. Pederick, the losse, 3s.; Jno. Stacy, 3s.; EUas Henly, 
6s. ; due to EHas Stileman, deceased, Ih. 18s. 8d. 

*This happened on 15 : 6 : 1664. Judgment signed by Wm. 
Hathorne.§ 

t Abraham Whithare, aged about three score years, testified that 
Jno. West of the Creeke came into his house, 24 : 9 : 1663, and 
they disagreeing about said Whithare's son, said West called Whit- 
hare base, thievish rogue and bade him take his son and hang him 
about his neck. Whithare bade him go out of his house, and West, 
having a stick in his hand, took him by the throat, struck him 
across the arm and cheek, and pulling him by the jaw, brought 
blood in two places. Sworn in court. 

Mary Whichacre, aged about thirty years, deposed. Sworn, 
27 :4 : 1664, before Wm. Hathorne.§ 

tWill. Hooper of Bass river acquainted the Worshipful Major 
Hathorne in behalf of Ozmand Traske that contrary to the pre- 
sentment of Edmund Grover's cattle, the said Ozmund Traske's 
cattle were impounded at that very time by the said Edmund 
Grover and Henry Herrick, jr. Likewise, Sarah Traske could 
testify that they were la\vfully impounded without let or molesta- 
tion, which said Traske desired the Major to consider. 

Edmund (his mark) Grover and Henry (his mark) Herek de- 
posed that as said Grover was driving Trask's cattle out of his 
corn into the pound, said Trask came and drove them away by 
force. Sworn at an adjournment of a county court, 14 : 9 : 1664, 
before HilUard Veren,§ cleric. 

Roger (his mark) Haskull, aged about fifty years, deposed. 
Sworn in court held by Major Hathorne, 14 : 9 : 1664, before 
Hilliard Veren,§ cleric. 

§Autograph. 



222 SALEM QUARTERLY COURT [NoV. 

John BartoU, dying intestate, an inventory* of the estate was 
brought into court by Parnell, his wife, amounting to 711i. 10s., and 

Execution, dated 15 : 8 : 1664, to be levied upon estate of John 
Codner, namely, on two acres of land at Gatchell's hill or on the 
neck in Marblehead, or ground to set a house on and a garden spot 
by the cow house of said Codner, at the choice of William Browne, 
also one-third of the shallop called the Black Besse and possession 
of the stage for his own personal use for seven years, to satisfy 
judgment of Salem court of 28 : 4 : 1664, signed byHillyard Veren,t 
cleric, and returned by Isack Williams,t constable. The two 
acres of land on Gatchell's hill were delivered to William Browne 
before Mathew Pricef and Samuell Archard,t marshal, by John 
Codner without serving the execution. 

Execution, dated Mar. 27, 1664, against Mordecaie Creford to 
satisfy judgment granted Capt. Tho. Savage at Salem court of 
24 : 9 : 1663, signed by Hillyard Veren,t cleric, and served by 
Samuell Archard,t marshal of Salem, by attachment of four cows 
appraised at 2 Hi. 6s. 8d. 

Execution, dated July 6, 1664, against Jonathan Singletary to 
satisfy judgment granted John Godfery at Salem court of June 28, 
1664, signed by Hillyard Veren,t clericus, and served by Robert 
Lord,t marshal of Ipswich, deputy of Samuell Archard,t marshal 
of Salem, by attachment of 36 acres of land appraised at 10s. per 
acre. 

Execution, dated Aug. 29, 1664, against William Prichet to 
satisfy judgment granted Mr. Edmond Batter at Salem court of 
30 : 4 : 1663, signed by Hillyard Veren,t cleric, and served by 
Henery Skerry, f marshal of Essex, by attachment of two acres 
and a half of meadow in Topsfeld, which he delivered by turf and 
twig to Mr. Batter. 

Execution, dated June 29, 1664, against Robert Clements to 
satisfy judgment granted Capt. Paule White, signed by Hillyard 
Veren,t clericus, and served by Daniel Ela,t deputy of Samuel 
Archard,t marshal of Salem. 

Execution, dated 12 : 10 : 1664, against Symond Tuttle to 
satisfy judgment granted Mr. Eleazer Hathorne at Salem court of 
29 : 9 : 1664, signed by Hillyard Veren,t cleric, and served by 
Robert Lord,t marshal, deputy for Samuell Archard,t marshal, 
who committed him to prison. 

Execution, dated June 29, 1664, against John Chater to satisfy 
judgment granted George Wheeler at Salem court of June 27, 1664, 
signed b}^ Hillyard Veren,t cleric, and served by John Pike,t 
deputy for Samuell Archard,t marshal of Salem. 

*Inventory of the estate of John Bartolle, deceased, taken Nov. 
16, 1664, by Moses Maverickf and William (his mark) Charles: 

t Autograph. 



1664] RECORDS AND FILES 223 

debts owing to several men of 641i, 18s. 5d., which, upon oath of 
said Parnell, were allowed, and she was appointed administratrix. 
The clear estate was 61i. lis. 7d. 

Fined for frequent absence from public ordinances on Lord's 
days: Joseph Boyce, Jon. Burton, sr., Josiah Sothwick and his 
wife, Samll. Gaskin and his wife, Jon. Smith and his wife, Michaell 
Shaflin, Jon. Smale, sr., John Hill, wife of Robt. Buffum, wife of 
Robert Wilson, Joseph Buffum and his wife, Jon. Kitchin and his 
wife, Phillip Veren, Samuell Shattock and his wife, John Blevin 
and William Mastone, for twelve days' absence; wife of George 
Gardner for six days' absence; John Burton, jr., was convicted. 

Two cows, 81i.; bull, 21i.; yearling, Hi.; three swine, 3H.; 4 acres 
of land and fences, 121i. ; 6 in the farme bought of Major Hathorn, 
61i.; 2 acres of medow liing at Capan, 41i.; 1 Cows Common, 21i.; 
one fourth part of a stage and land liing to it, 51i. ; 2 beds mad of 
silkgras with bolster and blankits, 31i. 10s.; a great Copper, 31i. 
10s. ; one Iron pott, an Iron Ketle, 2 bras skilletts, one Iron scillott 
and twoe brass scillots, 31i.; 5 pewter platters and a bason. Hi.; 
peuter, 16s.; a morter and a bras skillet, 8s.; 2 dripin pans, 6s.; a 
handsaw, Is. 6d. ; a bible, 10s.; wearing aparell, 81i. 15s.; Earthen 
and wooden ware. Hi.; 2 Chests, 12s.; mony. Hi, 4s.; 1 paire of 
boots. Hi. ; bands and hankershirs, 7s. ;land bought of Robert barcus 
near Goit's house, 2H. 10s.; total, 7Hi. 10s.; estate is debter to 
severall men, 641i. 18s. 5d. Daniel Bartoll took oath in court 
before Hillyard Veren,* cleric. Debtor, as appeared by Mr. Cur- 
ill's booke, 301i. 18s. 9d.; Mr. Mossis Maverick's booke, 9H. 4s. 
8d. ; Mr. William Brown's book, 5H. 4s. 6d. ; John Codner, 7H. 3s. ; 
severall smale Dts. demaunded by severall men, 121i. 7s. 5d.; total, 
641i. 18s. 5d. Demanded by Mr. B , Hi. 6s. ; John Clemants, 
12s.; Goodman Samson, 9s.; William Raimant, 31i.; Thomas 
Pittman, 10s.; Goodman Dixe, 10s.; Goodman Palmiter, 18s. Id.; 
Mark Pitman, Ih. 5s.; Richard Croker, Hi.; William Littfoot, 
2h. 15s.; Mr. Gidnie, 2s. 4d.; total, 12n. 7s. 5d. 

Edmond Batter,* Moses Mavericke,* James Brading,* John 
Del,* Willm. Pitt,* Willm. (his mark) Nick, Tho. (his mark) Pit- 
man, Arther (his mark) Sanden, Michael Coumes,* Sam well Ward,* 
Jno. (his mark) Waldron and Christopher (his mark) Latimer, 
jury of inquest appointed, Apr. 1, 1664, by the constable of Marble- 
head, to view the body of Jno. Bartoll, which was taken up dead 
out of the sea, reported that they found that he was the cause of 
his own death, because they found his "murmurd Cape" bound 
down about his neck and throat with his neckcloth, and he had 
been heard to let fall many discontented, troubled words about 
the time that he was lost. 

* Autograph. 



224 SALEM QUARTERLY COURT [NoV. 

All who did not appear according to summons were to have attach- 
ments gi*^en out for their appearance before the Worshipful! Major 
William Hathorne, who was ordered to hear them.* 

*The wife of Tho. Gardner, sr., Hanna Burton, Daniel Suthereck, 
the wife of Hendry Trask, Joshua Buffum and wife, the wife of 
Richard Gardener, John Suthereck, John Marston, sr., Mary 
Kichin and the wife of Anthony Needham were also presented. 
Wit : Henery Scery, sr., Francis Lawes, Tho. Rootes and Thomas 
Rix. 

Presentments, dated 30 : 9 : 1664, signed by Henery Skerey, sr.,t 
in the name of the rest : — 

Elisabeth, wife of Umphery Woodbery, was presented for striking 
the maid of Mr. Hubbard, Elisabeth Hiritton, several times. She 
owned that she struck her, but it was by order of her master. Wit : 
Robert Morgane and wife, and Joseph Harie. She was also pre- 
sented for denying that she struck her, but was acquitted. Wit: 
Joseph Haire, Mary Lovett and the wife of Captaine Lowthrupp. 

Bethiah Lowthroppf deposed that "Being called to witnesse 
what I heard goody woodbery Say concerning m"" hubbards maid: 
I did hear her say that she did never strike the maid, the Blow 
was yet to give that ever she gave her either in the house or out of 
doore & this she said more then once or twice." Owned by the 
parties, 20 : 12 : 1664, before Hillyard Veren,t cleric. 

"To all Persons vnto whom these p^'sents may Come. 

"Know yee, that whereas of late some persons have vnworthily 
(as I conceive) Endeavered, to present Ehzabeth Woodbery, the 
wife of Humphry Woodberry, vnto the county court at Salem, as 
I am informed for strikeing a maide servant of o''s, (Wee coulde 
have wished that the rules of charity had been attended herein 
Especially seeing o'' neighbours were not ignorant Avhere we dwelt, 
& might have truely vnderstood the right of the business had they 
pleased to have spoken w**" vs which had doubtlesse prevented 
trouble to the grand-juror, & sinn in others. How farr the matter 
is gonn, or how farr prejudice may Carry it we know not. Nor is 
o'' purpose to charge any, or to bring discredit upon them, much 
lesse to blaze abroad the infamy of a servant, knone to all both in 
Lynn & Salem, that knew her at all, to be most vnfaithfuU, and 
untoward in everything : So bad, unruly, sulen, careles, destructive, 
& disobedient, that we may truely say, she was fitter for bridewell, 
or the house of correction, then for any bodyes servant: Haveing 
occasion to be from home, & not dareing to leave such an one with 
o'' childe and house alone wee desired the aforesd Eliz Woodbery, 
o'' Lo. friend & Kinds-woman to be over her & in place of vs, and 
noe more then needs, if we had power to discipline such an unruly 
servant, so had shee from us : whither our Couzin gave her a blow 
or not we know not, but are sure such an vntoward provokeing 

t Autograph. 



1664] RECORDS AND FILES 225 

Mr. Will. Browne, Capt. Corwin, Mr. Batter, Mr. Price, Mr. 
Bartholmew, Mr. Croad, Mr. Gidney and Mr. Woodcocke had 
their licenses for retailing strong water renewed for the ensuing year. 

wench Deserved enough, & did o"" Couzin at any time eyther then 
in o'' absence, or at any other time, when she ran from her mistres 
& worke, telling lies, at neighbours houses & refuseing to come 
home, we say did she first or last or any time strike her, when as 
shee was sent for her, & 1 1 she 1 1 refused to come home, while this 
wench was servant, w'"h she was to the Later end of may 64. we doe 
both of us warne her in it and affirme that she did noe more then 
she had o"" authority for, & that her mistresse if p'"sent would have 
don the same; & we doe much wonder that there should so much 
be made of it, when as we conceive, had it been a breach of law for 
o"" couzin to have strook her, w''h it is not, she doeing of it by o' 
power & rep^'senting us; yet as we understd, there hath been noe 
wittnes brought th — testify aga. her: and if any of o"" neighbours, 
should out of envie to her, or us affrme and testify anything against 
her, wherein she hath offended them in striking o"" servant; we 
must professe, in o'' p''sence she never strook her, nor gave her any 
bad language, and ino'' absence (as we sd before) she wasimpowered 
by us, as also when we sent her up and downe among the neighbrs 
to fete her home if she strook her at any time, we justify & allow 
her in it she was o'' servant a sad & bad one, and wt o"" s'^ kinds- 
woman hath don is as if her mistresse had & we must owne her in 
wt she hath or might doe, & they may as well p'"sent us as her; 
who are ready to answer, knowing no law of gd nor man to be 
broken in this case; I wish o^ people as forward in p^'sent reall 
breaches of ye law of god, & man, as they are in this, w^'h we feare 

not w^^ out grounds to be an act of malice to her & us let su 

know, they doe not as they would be don by: P vs 

"Jer. & EHz. Hubbard.*" 

Robert Morgan* deposed, Dec. 17, 1664, that being cited before 
the grand jury at Salem, who told him that there was a matter 
of battery left to them by the former jury, concerning Eliz. Wood- 
bery, which wanted proof, he said that she never saw Goody Wood- 
bery strike Mr. Hubbard's maid, except once at his own house. 
Said Morgan and his wife affirmed that the maid never complained 
to them of any bad language to her from Eliz. Woodbery and that 
she was very loving and kind to her, etc. 

Elizabeth (her mark) Herendone certified that Elizabeth Wood- 
bery never struck her but two blows in her life, and those might 
have been given to a child of two years. She offered to strike her 
once at Mistress Gardenares house, but said Elizabeth kept it off 
with her hand. Wit: Elizabeth (her mark) Dickes and Sarah 
(her mark) Carpender. 

*Autograph. 



226 SALEM QUARTERLY COURT [NoV. 

Arthur Sandy had his former hcense renewed. 

Servants of the house were allowed five shillings, and Mr. 
Browne's maid twelve pence. 

On 13 : 10 : 1664, Abell Osier, Mr. Gidney's man, was fined by 
Majr. Hathorne for slighting authority and for lascivious carriages 
towards the maids of the house.* 

Constable Pickman and Goodman Morgaine were allowed wit- 
ness fees. 

Zachary Herrick was fined by Major Will. Hathorne, 14 : 12 : 
1664, for breach of the peace in striking Nicholas Decaine several 
blows. 

The marshal agreed to assign 121i. of Salem's county rate to Mr. 
Gidney, also Lin, Topsfeild and Gloster county rate; and a fine of 
John Blyes, 41i. 5s. 

Jeremiah Watts, f Allen Bread,! William Merriam,t John 
Dodge, t Henery Hericke,t Thomas Rixf and Joshua Rea.jt 

Expenses at Mr. Gidneyes, 29 : 9 : 1664, 18H. 16s. lOd.; Major 
Hathorne upon a court of ye presentments together with another 
meeting of his, 18s. ; debtes of old, 45h. 2s. ; charged to Mr. Gid- 
nies credit, John Briant, 31i. 10s., Jo. Williams, 51i., Jon. West, 5s., 
Mr. Duncan, Ih., Richd. Ober, 10s., Sergt. Browne, 10s., Abell 
Osier, 2h., Eleaser Hathorn, 10s. and Mr. Tod, 10s., 131i. 15s. lOd.; 
total, to Mr. Gedney, 50h. 18s. 5d. 

*Mary Tachell and EUzabeth White deposed that Abell Osier 
had taken the opportunity when they were alone to carry himself 
very lasciviously toward them, and that his uncivil actions to said 
Elizabeth had been such that she had been fain to cry out. Sworn 
before ye worshipfull Major Wm. Hathorne, 13 : 10 : 1664, attest, 
Hillyard Veren,t cleric. Deponents further said that they heard 
said Osier say that Major Hathorn did not do him justice and that 
he should know what a French boy could do shortly, and that he 
would appeal to Bostone, etc. Sworn in court. 

Shoreborne Willson and John Willson deposed that being to- 
gether in the former's house on Sept. 25, 1664, and Hannah, daugh- 
ter of John Johnson of Andover being there also, said John Will- 
son went out to go home. Hannah followed him, called out to 
him and said her cousin William would go along with him to John 
Anaball's, if he would stay. Willson told her he was in haste to 
go home and she said "me thinkes if I were a mayd againe I could 
love you \\ if the old rogue were dead || he answered she was a 
married woman & no mayd," etc. He, going away, said "good 
night," and she moved toward him, saying "will you be gone y"* 
I must leave you & I am sorry for that." Sworn in court. 

"To John Pickring Constable of Salem 

"These are in his Majesties name to Require you that w*** all 
speed you send this letter to Ipswich to the psons derected, either 

■^ Autograph. tNames on the reverse of paper. 



1664] records and files 227 

Court held at Ipswich, Feb. 18, 1664. 
John ColemaD, dying intestate, the Honered Majestrates, Mr. 
Samuel! Symonds and Major Genrll. Denison, granted adminis- 
tration upon his estate to Mr. Fetter Duncan, and he was ordered 
to bring in an inventory to the next Ipswich court. 

by hireing a man, or pressing if not other wise, fayle not at y' 
Perrill p me Wm Hathorne.* 

"21 :6°'° 1664:" 

On 28 : 4 : 1664, the following bill was to be allowed Constable 
Pickering: Charges about the prisoner, 2 men keeping him before 
he was sent away, 1 day, 3s. ; at Mr. Hathorne's, 4s. ; expenses at 
Winnesimet, 3s.; ferriage over to Boston, 9d. ; ferriage coming 
back, 6s. ; refreshing the men homeward, 2s. ; 2 men, 2 days bring- 
ing him to Boston, 8s.; total. Hi. Is. 3d. 

Summons, dated 29 : 4 : 1664, to Mr. Anthony Ashby to appear 
the next day at 9 o'clock to answer a complaint, signed by Hill- 
yard Veren,* for the court. 

Warrant, dated 27 : 9 : 1663, to arrest John Porter, jr., and take 
him to Bostone goal, and deliver him to the keeper, signed by 
Hillyard Veren,* cleric. 

Warrant to the constables of Wenham, Salem, Lin, Charlstowne 
and Boston, dated Apr. 28, 1664, to make hue and cry and diligent 
search for Stephen Goodwin, "who this night hath broken the 
prison at Ipswich and careyed a way his sheckles he is a short big 
fellow a ruddy complection browne harie cuerlled an olid round 
cround hatte a ruset jacket and breeches one p the lachets of his 
shoes of having found him you are to apprehend and safely to 
convey him to Ipswich prisson," signed by Maj. Denison. Copy. 

John Frie,* Richard Barker,* John (his mark) Johnson, Henry 
Ingalls,* Ralfe (his mark) Farnum, John (his mark) Russe, George 
Abbot,* Mark (his mark) Graves, Robert (his mark) Russell, 
Thomas Abot,* Timothy Johnson* and Walter (his mark) Wright, 
a jury of inquest appointed to view the body of Peter AUyn, "who 
goeing forth into the woods to worke in March last could not be 
found nor heard of notwithstanding the diligent search that was 
made for him sevall dayes till this 21. 4th 64," reported that "An 
Indian informed there was an English man found in the Ryver 
called Shawshin about a myle from the Towne of Andou"" wes 
repared to the place & found the s^ Peter AUyn lyeing in the se 
Ryver pt of his cloathes on, & girt about him, his breeches & one 
stocking being rolled or torne of & pt of his flesh consumed, soe wee 
conceaue according to o'' best apprehension, that hee lost himselfe 
in the woods & goeing ouer the RyV accidentyly fell in & wa'^ 
drowned." 

"Wee whose names are underwritten of the inhabitants of |1 the 

* Autograph. 



228 IPSWICH QUARTERLY COURT [Mar. 

Court held at Ipswich, Mar. 28, 1665. 

Judges: Mr. Symon Bradstreet, Mr. Samuell Symonds, Major 
Genii. Denison and Major Willm. Hathorne. 

Jury of trials: Lift. Samuell Appleton, Ens. Thomas Howlett, 
Cornett John Whipple, Samuell Graves, Jacob Perkins, Edward 
Chapman, John Kimball, John Bartlett, John Bayley, Edward 
Woodman, Tho. Bishop and John Andrews. 

Aron Pengry was sworn constable for Ipswich, Tho. Baker for 
Topsfield, and Sam. Moody for Newbury. 

Civil cases: — 

Thomas Waite v. James Coleman and Edmond Ashby. For 
felling a tree and spoiling his ox. Verdict for defendant.* 

John Warner, assignee of Thomas Wells and Dan. Warner v. 
John Fuller. Debt. The parties agreed. 

John Hathorne v. John Pemberton. Debt. Verdict for plaintiff. 

John Emery v. Richard Kent. For taking away a young mare 
contrary to law. Nonsuited. 

towne 1 1 of manchester having hyrede Thomas wright for our Cow- 
keper: but by Reesonn of divers thretning speaches geven out 
against hime : by John west which made the seyede wright a f rayde 
of his life if he went that way : which made hime complaine to vs 
of it when we hyrede hime: & now senc the sayde wright is goim 
whether we know nott: by which wee ar gretly damnyfiede for 
want of on to goe out with our Cowes. Therefore we do Humbly 
intreat this Honnored Courtt to tak it in thear seruss Considera- 
sion that the fatherles: & motherles childn may bee loked after: 
for wee think that we ar bound in duty to move it unto thes Hon"" 
Court that thes || man || may be soft out if he be living or deade. 
tested Henry Lay, Tho. Bishope, Nickolos Vinson, Abraham Whit- 
hear, Aron Bennett, Ephrahime Mastone, Onysefarus Ailing, 
EHsabeth Larcum." 

*Thomas Burnum, sr., and Nathaniel Gage, aged about twenty 
years, deposed that about two or three months since, being in the 
woods on the south end of Red Roote hill, they saw a bullock which 
they then thought to be Thomas Waytes' for they knew he had 
missed one, which bullock lay under the body of a tree but lately 
fallen. Seeing the beast to be alive they cut away the boughs 
and helped him out and gave notice to said Wayte, who was then 
at Chebacky falls. They judged that the said bullock was beaten 
down by the fall of the tree and had not been by any other cattle 
or by himself thrust under the tree. Sworn in court. 

Ephriame Fellows and J earns Ford deposed that as we were at 
work upon the same hill where the bullock was, Reienalld Foster's 
cattle came to them the same day, etc. Sworn in court 



1665] RECORDS AND FILES 229 

Mr. Ezchiell Rogers v. Mrs. Mary Rogers, executrix of the 
estate of Mr. Ezekiell Rogers of Rowley. Verdict for plaintiff. 
Respitted until the next Salem court.* 



*Writ: Ezekiell Rogers, son of Mr. Nathaniell Rogers, deceased, 
late of Ipswich v. Mrs. Mary Rogers, executrix of the will of Mr. 
Ezekiell Rogers of Rowley; for not performing a promise made to 
said Mr. Nathaniell in behalf of his son, whereby said Mr. Ezekiell 
Rogers of Rowley had been obliged to provide for Ezekiell Rogers, 
son of Mr. Nathaniel, and to make his portion as good as the rest 
of the sons', which damage amounted to about three hundred 
pounds; dated Mar. 23, 1664; signed by Robert Lord,t for the 
court; and served by Robert Lord,t marshal, by attachment of the 
house and land of Mrs. Rogers, also pasture land on the north side 
of the house. 

Ezekiel Rogers' bill of cost, for sending to Yorkshire for M. 
Boyes' testimony, etc., 31i. 16s. 2d. 

John Appleton,t William Goodhuef and Edward Lummasf 
certified. Mar. 27, 1664-5, that the houses and lands of Mr. Nath- 
aniell Rogers, appraised in the inventory at 482h., were now worth 
l,4001i. 

Mrs. Mary Rogers' bill of cost, lU. 13s. 

The plaintiff's declaration: That he was excluded from his 
father's will and had no portion bequeathed to him, as did the rest 
of his brethren, only a smaller pledge of his love and obligation 
to his memory; and that not out of any disregard or less regard to 
plaintiff but upon a full engagement of Mr. Ezek. Rogers of Row- 
ley, and that at the time when plaintiff's father, Mr. Nath. Rogers, 
was making his will, he promised to make the plaintiff's portion as 
good as the rest and to provide for him, whereby Mr. Nath. Rogers 
discharged himself from any care concerning plaintiff and indeed 
looked upon him as the elder brother, though but his fourth son, 
and who so knew the great intimacy and correspondence between 
the said Mr. Ez. Rogers and Mr. Nath. Rogers throughout the 
whole time of their neighborhood and converse together, besides 
their relation and consanguinity; and considering that Mr. Ezek. 
Rogers had no heirs of his own to whom to bequeath his estate, 
one would readily conceive that the said Mr. Nath., especially 
upon solemn engagement from his kinsman, Mr. Ezek., might 
without infringing any rule of prudence, trust that his son, the 
plaintiff, of the same name and blood with Mr. Ezekiel, should 
every way be provided for, and that to advantage as to mainte- 
nance and inheritance. But upon mistake, the plaintiff believes, 
having the most respectful apprehensions of the integrity of his 
honored and Revd. cousin Mr. Ezekiel Rogers, this engagement 
either as to maintenance or inheritance, has not in any suitable 
measure been performed. Plaintiff pleads for reparation, all other 

t Autograph. 



230 IPSWICH QUARTERLY COURT [Mar. 

overtures for a more private and amicable way of putting an issue 
to the case being rejected by defendant, and offers proof particular. 
That Mr. Nath. would not have left plaintiff out of his will, had 
he not thought Mr. Ezek. would carry out his engagement, as 
appears by testimony of Mr. W. Hubberd, Mr. Jno. Whipple and 
Mr. Ezekiel Cheever. That the plaintiff was left out of his father's 
will. That Mr. Ezek. Rogers of Rowley engaged to Mr. Nath., 
when upon his death bed to do for his son Ezekiel, as by testimony 
of Matthew Boyes, Mr. W. Hubberd, Mr. Jno. Whipple and son 
of Rowley and S, Brokelbanke. That the portion falls short, it 
being but 160h., whereby the others received 4001i. each, and the 
amount was to be paid to the plaintiff in country pay which is the 
meanest that may be, whereas the sons of Mr. Nath. Rogers have 
lOOli. in England and their hundreds here, which they have re- 
ceived, are better than the 16011. in country pay. That it was 
six years from the death of Mr. Nath. before he received the first 
801i. and another year before he received the other 801i., and the 
plaintiff knows of not more than 201i. allowed toward his main- 
tenance for the whole time, whereas he might upon just grounds 
challenge lOOli. As to maintenance he was bound by Mr. Ezekiel 
Rogers' act in appointing Goodman Bayly of Rowley to pay lOli. 
per annum, and by the testimony of J. Rogers. 

Will of Mr. Nathaniell Rogers, pastor of the church of Christ 
at Ipswich, taken from his own mouth, July 3, 1655, and proved 
by oaths of Mr. Ezekiel Cheever and Deacon John Whipple, 25 : 
7 : 1655, in Ipswich court: 

"Concerneing my outward estate to one of the bretheren I have 
left a peculiar charge w'^h he shall have power in himselfe to doe 
and not to suspend. The summ of my estate both in old England 
and new, seemes to amount to about the value of twelve hundred 
pound; of w^h summ, foure hundred pound is expected from my 
Father Mr. Robert Crane in England. To my son John, to pre- 
vent expectation of a double portion, I haue not so bequeathed, 
he hath never beene by any labour serviceable to his bretheren, 
but hath beene upheld by there labour, & payne, while he hath 
beene determyning his way. Therefore I give & bequeath to him 
an equall portion with his other bretheren, viz. The summ of one 
hundred pound of my estate in old England & one hundred pound 
of my estate in New England. To my sonne Nathaniell I give & 
bequeath y'' summ of one hundred pound out of my Estate in old 
England; & one hundred pound out of my estate in New England." 
He also bequeathed to his sons, Nathaniell, Samuell, Timothy, 
and Ezekiel, each, lOOh. of his estate in old England and lOOli. in 
New England. 

"To my Sonne Ezekiel I give & bequeath the sum of twenty 
pound, w^h he shall have liberty to take in my bookes, if he please. 
To my daughter I have already given her at least two hundred 
pound. The Time of y^ childrens receiveing their portions either 
in pt. or whole, shall be according to ye mutuall advice of my 



1665] RECORDS AND FILES 231 

executors, with these godly frends named, viz. My cousin Ezekiel 
Rogers, Mathew Boyes, Ezekiel Cheever, who are intreated to 
advise and counsell in this, & any other case as need shall require. 
To my three grandchildren, John, Nathaniel, Margret Hubbard, 
I give & bequeath to each of them, the summ of fortye shillings. 
To my cousin John Rogers I give & bequeath, y'= summ of five 
pound, w'^h is in the hands of Ensigne Howlett. To the children 
of my cousin John Harris of Rowley, viz. Elizabeth, Nathaniell, 
John, Mary, I give & bequeath to each of them y'^ summe of twenty 
shillings. To Mary Quilter my mayd servant, I give y^ summ of 
three pound. To Sarah Fillybrowne my other mayd servant, I 
give y^ summ of ten shillings. To Harbert Colledge in Cambridge 
I give & bequeath y^ summ of five pounds. To the poore I give 
y^ summ of three pound. 

"The remayneing part of my estate || not yet disposed of || I 
give to my deare wife M''^ Margrett Rogers dureing her life, & after 
her decease to be equally distributed among my children by y^ 
advice of y friends above named. I doe 1 1 ordayne & 1 1 constitute 
my deare || & beloved || wife M" Margret Rogers, and my trusty 
& wellbeloved freinds M"" Robert Payne and John Whipple to be 
executors of this my last will, & Testament." Copy made. May 
29, 1656, by Robert Lord,* cleric. 

Inventory of the estate of Mr. Nathaniell Rogers of Ipswich, 
taken Aug. 16, 1655, by Robert Lord and Moses Pengry and al- 
lowed, 25 : 7 : 1655, in Ipswich court: In the hall, a round table 
with five joyne stooles, 16s.; six charies & five cussions. Hi.; a 
trunke, chest, & hanging Cuboard, Ih. Is.; 2 Spanish platters, 5s.; 
a small cisterne with other implements, 17s.; a corslet, musket & 
fouleing peece, 31i.; a paire of cobirons & tounges, 7s. In the 
Parlour, a short table & forme, 19s.; 6 cushen stooles & 2 chaires, 
2h.; a hvery cupboard, 15s.; a featherbed, boulster, 2 downe 
pillows, coverlet, blankett & canopie bedsted, 61i. 18s.; a great 
chaire, 6s.; 2 pictures, 21i.; a clock & other Implmts., 31i.; a paire 
of Andiorns, fire pan & toungs, 13s. ; 2 window curtaynes & rods, 
10s.; a carpet, cubard cloth & Round table, Hi. 5s.; a treble viall, 
10s. In the kitchen, 5 Iron potts and one old brase pot, 21i.; a 
copper kettell & two other old kettells, 41i. 10s.; 3 spitts, p. of 
cobirons, firepan & tonges, forke, tramells and Irons, lli. 16s. 8d.; 
a copper & five skilletts, 21i. 15s.; 4 brase candlesticks & a chafin- 
dish, 15s.; a baking pan & a small old kettell, 6s.; 2 pudding pans, 
stewing pan & dripping pan, 5s. ; a warmeing pan, morter & ladell, 
10s.; pewter, 153h. 1-2 at 6d. p. h., lOh. 4s. 8d.; a Jack, pot-hookes 
& other Implemts, Hi.; a kneading trough, tubs, & other Lumber, 
lOs. ; a trevet & fryeing pan, 6s. ; 2 Gaily basins, glasses & other 
Implmts, 16s.; a chafendish, & bedpan, 14s. In the cellar, 6 beere 
barrells, 3 pondering tubs, 2 leads, 4 trayes, a cheespres & some 
Lumber, 41i. 4s. In the Parlour chambor, a bedsted, curtaines, 

♦Autograph. 



232 IPSWICH QUARTERLY COURT [Mar. 

valencs & fetherbed, boulster, mattris, blanketts, Rugge, flock bol- 
ster, 2 down pillows, 1411. 10s.; a chest of drawers, 211. 10s.; a 
trunke, 3 cushon chaires, 2 stooles, 211. 14s.; a sute of greene, cur- 
taynes & valance, Hi. 13s.; 3 carpetts, 31i. ; a cubbord cloth, Hi. 
10s.; 2 window cushons. Hi.; a ppetuany coverlett. Hi. 5s.; a 
carpet, 2 window curtaynes & Rods, 16s.; a gilt looking glasse, 
6s. 8d. ; a childing wicker bassket, 3s.; a table basskett, 2s.; a 
paire of Andirons & tongs, 6s. 8d. ; a sute of diaper table lenen, 411. ; 
another suite of diaper lennen, 211. 15s.; a diap. cubard cloth. Hi. 
5s.; 2 paire of Holand sheets, 311. 10s.; 5 pillow beeres, Hi. 15s.; 
a paire of pillow beeres, 12s.; 2 cubard cloths & a paire of sheetes, 
Hi. 13s.; 23 napkins, Hi. 6s. lOd.; a diap. cubard cloth, 10s.; a 
hoUand cubord cloth, 8s.; 3 holland table cloths, Hi. 5s.; 4 paire 
of sheets, 4h. 10s. ; 3 towells, & a short table cloth, 10s. ; a paire 
of pillow beeres, 7s.; goods out of England, 2111. 6s. 8d.; 3 paire 
of stockins. Hi. Is. 8d. In the hall chamber, one bedsted & cord, 
16s.; curtaynes & valance, Hi. 5s.; a fetherbed & bolster, 4U. 10s.; 
a flock bolster & 2 downe pillows. Hi. 2s. ; a yallow rugg, 211. ; in 
English goods, 161i.; one pr. of sheets, 15s.; 6 cushons. Hi. 10s.; 
a couch & old coverlet, 7s.; in plate, 35U. 18s.; a watch, 4h.; one 
chest with a drawer, 16s. ; 6 cushions, 24s. ; a curtayne & 2 rods, 
5s., Hi. 9s.; 6 yards of satinesco, Hi.; 7 pr. old sheetes, 3U. 3s.; 2 
pr. corse pillow beeres, 10s. ; 2 small trunkes Avith old boxes, 10s. ; 
a chaire, trundlebed, & little flock bed, 16s. 6d. ; a bedsted, flockbed 
& coverlet & blanket old. Hi. 17s. In the Garret over the parlour, 
one bedsted & cord, bed, & bolster, 2 old ruggs, 411. 2s. ; one chaire, 
Is. 2d. In the study, his Library, 100 11.; a cabinet deske & 2 
chaires. Hi. 5s.; a paire of creeps & pr. of tounges, 2s. 6d. In the 
chamber over the Kitchen, 2 flockbeds, blanket, ould coverlet, 
fether bolster & flock bolster, 31i. 10s.; 2 bedsteds & old rugg, 12s.; 
his weareing apparell, 161i.; wheat & barley in the barne, 200 
bushels, 40h.; Indian corne, 160 bush, at 2s. 6d., 201i.; mault, 4 
bush., 18s.; 2 bush. & halfe of rye, 10s.; woole & old caske, 8s.; 
2 horses, 2 mares, one very old, 2 colts, 6411.; 7 oxen, 6 cowes, 66li. 
13s. 4d. ; 2 yearlings & 2 calves, 6U. ; 3 ewes, 2 lambs, one weather, 
91i.; swyne, 81i.; 6 acres of Indian corn on the ground, 9U.; 14 
acres of upland & meddow at Mr. Eppses, 14U. ; the farme where 
Goodman Commins is, 1301i.; 15 acres on the common, lOli.; the 
house & land in Ed. Chapmans hand with the pasture adjoyneing, 
12011. ; carts, ploughs & furniture, 411. ; marsh in the hundreds, 811. ; 
the dwelling house, barne & orchard & 24 acres of land in the com- 
mon field, 200li.; in good debts, 5011.; in old England in Mr. 
Robert Crane, sr., hand, 4001i.; total, 1,497U. 12s. 4d. Copy 
made, Jan. 1, 1657, by Robert Lord,* cleric. 

Maxemillion Jewet testified that he heard Mr. Rogers of Row- 
ley express himself very much dissatisfied with the carriage of 
Ezekiell Rogers, particularly his famiharity with John Smith, his 
servant, the Scotchman, etc. Sworn in court. 

* Autograph. 



1665] RECORDS AND FILES 233 

Mrs. Mary Rogers' answer to Mr. Ezekiell Rogers' declaration: 
That they do not know why Mr. Nathaniell Rogers gave his son 
but twenty pounds, but probably he did, as he was a wise and pru- 
dent man. That they did not recognize any engagement of Mr. 
Ezekiell to provide for Ezekiell, as per testimony of John Pickard. 
That Ezekiell would have had more if he had been attentive to 
Mr. Rogers. That if consanguinity and bearing of the same name 
was sufficient to give title to men's estates, we should have httle 
need of law. That Mr. Rogers never adopted Ezekiell as his own. 
That as for damage sustained by Ezekiell, they never knew any 
man to lose what he never had. That if Mr. Nathanell had an 
equal respect to his son, it did not so appear by his will nor by any 
word from Mr. Hubbard, Mr. Whiple or Mr. Cheaver. That 
Ezekiell received as good pay as the others, neat cattle, wheat, 
Indian corn, pork, butter and silver, and the cattle were appraised 
at a very low rate, etc. 

Richard Swan testified that visiting Mr. Rogers between the 
time of Mr. Nathaniell Rogers' death and Mr. Ezekiell Rogers' 
making his will, said Rogers was troubled about Ezekiell Rogers, 
saying that he had not come to him when he had sent for him, nor 
would he cut off a lock of his hair at his desire. Sworn in court. 

John Pickard, aged about forty-three years, deposed that he 
was present with Mathew Boyes, and the latter said that he was 
sent for to help make the will of Mr. Nathanll. Rogers and was 
also desired to repair to Mr. Ezekiel Rogers of Rowley to inquire 
of said Mr. Ezekiell what he intended to do for Ezekiell, said 
Nathanll's son, that the latter might know how to divide his estate. 
"Our Pastor" sent word that his cousin need not do anything for 
Ezekiell for he would do as much for him as Mr. Nathaniell would 
do for the rest of his children. Deponent said that about a year 
and a half before Mr. Ezekiell died, he heard him say that Ezekiell 
pleased him not, therefore he would give him no more than what 
he must, and being reminded of his engagement by Mathew Boyes, 
he declared that if it were not for respect to my cousin deceased, 
he would give him nothing. His reasons were, first, because he 
refused to dwell with him; second, because he would not keep at 
the College although he would have maintained him; third, be- 
cause he spoke to his mother to have his hair cut, but could not get 
it done. Deponent told him if these things were true Ezekiell 
deserved to be disinherited. Sworn in court. 

Mr. Jno. Whipple, sr., aged about sixty years, deposed that 
speaking with Mr. Nathaneel Rogers in his last sickness a few days 
before his death, he repaired to Mathew Boyse of Rowley, who 
was looked upon at that time as one having the greatest interest 
in Mr. Ezekiell Rogers, etc. Elder John Whipple and Mr. William 
Hubbard testified to the substance of the same. Sworn in court. 
John Pickard deposed that at about the time Mr. Ez. Rogers 
of Rowley sold a parcel of land to James Bayly, said Rogers de- 
clared that his reason for selling it was to procure a servant and to 



234 IPSWICH QUARTERLY COURT [Mar. 

pay ten pounds yearly to Mrs. Rogers of Ipswich toward the main- 
tenance of her son Ezekiell. Sworn in court. 

James Bayley deposed that Mr. Ez. Rogers ordered him to pay 
for the land, 401i. in four years, of which he paid the first lOli. to 
Mrs. Rogers, but was forbidden to pay the rest because Mr. 
Rogers was displeased with the young man about his marriage. 
Sworn in court. 

W. Hubbard, jr., aged about forty years, deposed that in the 
year 1655, when Mathew Boyes went to consult Mr. Ezekiel 
Rogers about Nathaniell's will, he found Mr. Ezekiell in his cham- 
ber very ill and lame in his right hand so that he was unable to 
write, etc. Also in 1660, he was present with Elder Whipple at 
the house of Mr. Ezekiell, and told him that the other children of 
Mr. Nathaniell had 30011. each, at which Mr. Ezekiell was silent, 
but finally said "I have allowed my cousin Ezekiel Rogers 10." a 
yeer, which is a considerable matter for mee in this countrey, 
although in England I should have accounted it nothing." Sworn 
in court. 

Mary Hubbert* affirmed that after her father Rogers' death, her 
brother Ezekiell Rogers was very desirous of living with his cousin 
Mr. Ezekiell Rogers of Rowley, because when sundry complaints 
were made to his mother against him, he knew he could please him 
if he hved with him, but he should never please him unless he did. 
Deponent said that their friends tried to induce her cousin to have 
him, but were discouraged, after hearing a report from one near 
to her cousin that he should not go there. When her brother 
lived with him before, he wore his hair longer by her cousin's 
sufferance, contrary to her father's desire, than the rest of his 
brothers. This was one reason why he was not willing to live 
constantly at the College, because he had not sufficient mainten- 
ance allowed, not having more than five pounds a year at the most. 
Sworn, Mar. 31, 1665, before Jo. Woodbridge, sr.,* and NathlL 
Saltonstall.* 

Samuell Brocklebank deposed that he was present when Mr. 
Ezekiell Rogers of Rowley made his will and that he left Ezekiell 
but eight score pounds, saying that what he had promised was on 
condition that he would be guided by him and hearken to his 
counsel, which he had never done since his father's death. Sworn 
in court. 

Mrs. Margaret Rogers, aged about fifty-five years, deposed that 
Mr. Ezekiell Rogers told her, after her husband's death, that he 
would give her son Ezekiell his house where he then lived, with 
several parcels of land and to allow lOli. yearly toward his educa- 
tion. She also went to see him about her son Ezekiell's hair which 
was complained of as being too long, "but when M"^ Ez. Rogers, 
would have had her son bound to let his hayre be no longer then 
to y*' lower tip of his eares, she told him, she would never yeild to 

* Autograph. 



1665] RECORDS AND FILES 235 

Tho. Kimball, assignee of Robert Punell v. Richard Shattswell. 
Debt. Verdict for defendant. 

John Procter v. John Hasscall. Verdict for plaintiff.* 

William Lambert v. George Hadley. For withholding three 
pounds, it being the gift of Rich. Saltonstall, Esq. Nonsuited. 

Robert Andrews v. The constable of Rowley. Trespass upon, 
replevin. Verdict for defendant.! 

such a snare for her child, tho he never had peny of him while he 
lived," etc. Sworn, Mar. 30, 1665, before Daniel Denison.J 

Mathew Boyest of Leeds, Yorkshire, aged about fifty years, 
deposed that Mr. Ezekiell Rogers told him that if Ezekiell proved 
a godly man and pleased him, he would give him one-half of his 
land in Rowlay. Sworn at York, Jan. 16, 1661, before Rich. 
Etherington,! one of the Masters in Chancery. 

*John Dodge deposed that John Haskell asked him if he thought 
her friends would be willing and deponent said he thought so if he 
and his friends desired it. He still came to see her, whereupon de- 
ponent told him that he was a transgressor of the law in coming 
to her without her friends' consent. He answered that he had 
spoken to his father and he promised to go down to her father, etc. 
Sworn in court. 

deposed that John Haskell, coming to his house as 

he was going to Goodman Procter's, asked deponent if he knew 
how Martha Procter did, and he replied that she was well so far 
as he knew. Haskell said that her brother Dodge told him that he 
had carried her away and that she was nearly distracted for him. 
Deponent said ' ' Have you made her any promise in way of marriage? 
he answered noe I did but jest with her, as I might with any 
other maid." Further deponent wished him by all means to go 
to her, for he thought she would make him as good a wife as any 
daughter Goodman Procter had. "Nay," said he, "if my father 
thought she would prove noe better then his daughter Sarah 
Procter, he had rather give her 100 pound then that I should match 
with her." Sworn in court. 

On the reverse of foregoing paper: "Bro. Jno. Giddins these." 

fWrit of replevin, dated Mar. 23, 1664-5, to deliver a black two 
year old heifer to Robard Andros, sr., distrained by the constable 
of Rouely, signed by John Redington,J for the court, and served 
by Isack Estey,t constable of Topesfeld. 

Isack Estey'sJ receipt, as constable of Topsfeld, to Robart An- 
drws, sr., for the country rate for 1664. 

Agreement, dated Jan. 18, 1653, between Joseph Jewettf of 
Rowley and Thomas Dorman, Willeam Emanes, Thomas Houlat 
and Frances Paybody of Topsfeld, for a parcel of land in Rowley 
in a village lately agreed on by the town of Rowley, which said 

t Autograph. 



236 IPSWICH QUARTERLY COURT [Mar. 

Zacheous Gould v. The constable of Rowley. Trespass upon 
replevin. Verdict for defendant. 

Jonas Gregory v. John Leigh. Unjust molestation and false 
imprisonment. By commencing two actions against him and not 
prosecuting. Verdict for plaintiff. John Leigh appealed to the 
next Court of Assistants. John Leigh and Joseph Armitage bound. 

John Tod v. John Remington. Debt. Verdict for plaintiff. 

Abraham Fitt v. Symon Tompson. For not performing his 
promise. Verdict for defendant.* 

Jewett sold to them for 701i. to be paid at Jewett's house in Rowley 
in corn or cattle, etc. Wit: Jerimiah Jewettf and John Tod.f 

*Writ: Abraham Fitt v. Symon Tompson; for not performing 
his promise he made to him in drawing him away from Salsbury 
to come to dwell in this town, viz., that if he would come he would 
give him forty pounds in the purchase he had bought ; dated Mar. 
20, 1664; signed by Robert Lord,t for the court; and served by 
Robert Lord,t marshal. 

*'In satisfaction of the forty pounds I promised Abraham Fitte 
in consideration of his marriage with my daughter I tender to him 
the foure Cowes and six sheepe which he hath long since received. 
Also to acquitt him of two years rent due to me for the Land he 
had of mine before he made his bond of five pound a yeare. And 
if it shal be judged by indifferent men that the s<^ cattle and rent 
fall short of forty pounds I tender further to abate so much of the 
rent due to me since by his bond or bill, which he hath yet in his 
hand as shall in the judgment of the s"^ men fully make up the s*^ 
forty pounds." 

Simon Tompson's bill of cost. Hi. 8s. 8d. 

Agreement, dated Jan. 30, 1656, between Symon (his mark) 
Tompson and Abraham Fitt, his son-in-law, that Abraham should 
pay one-half of the purchase of the house and land, in which he 
now dwells, which said Symon bought of Humphry Griff en; that 
Abraham should pay to Symon five pounds per year during the 
term of his natural life and four pounds per year to Rachell, his 
wife, in case she survive, during her natural life; that if Abraham 
could pay part or all the purchase price, then all or part of the rent 
to be taken off proportionable to so much as is paid, provided also 
that in case he do not purchase it, but comes to him by gift of the 
said Symon, then it was to be given to the issue of the said Abra- 
ham and Sarah, his present wife. Wit: Robert Lord and Esaiah 
Wood. Copy made, Apr. 30, 1666, by Robert Lord,t cleric. 

Robert Lord, aged about sixty-two years, deposed that he went 
with Abraham Fitt to the house of Symon Tompson to get the 
forty pounds promised if he would come from Salsbury where said 

f Autograph. 



1665] RECOKDS AND FILES 237 

John Pickering v. Capt. Walter Prise, Mr. Henry Bartholmew, 
Mr. John and Samuell Gardner. Review. Verdict for defendant. 

Richard Kent v. John Emry. Replevin of a young mare. Ver- 
dict for plaintiff.* 



Abraham was then settled. Thompson denied that he made the 
promise, but said he would pay if he saw sworn testimony. The 
latter also was present when deponent's brother Fitt and his wife 
gave their testimony, and at first said it was false, but later return- 
ed and said it was true. Sworn in court before Daniel Denison.f 
Robert Fitt and Grace, his wife, testified that their son Abraham 
was well settled in his house at Sahsbury, when Tompson desired 
him to go to Ipswich to live, and also suggested to them to go also 
and to help him in the purchase, etc. Sworn, Dec. 15, 1664, before 
Samuel Symondsf and Daniel Denison.f Recorded, Dec. 22, 1664, 
in the second book, folio 217, by Robert Lord,t recorder. 

Isayah Wood testified that he heard his uncle Fitt say to his 
father Tomson, "brother tomson: if g™ griffin will sell his house 
and land I pray you buy it for mee and my son: and we will com 
and purches it: and dwell upon Itt." Sworn in court. 

Elisebeth Sherod deposed that she heard old Goodman Fitts 
ask her husband Griffin if he would sell his house and land and he 
answered if he had a good chapman, he might sell it, etc. Sworn, 
Mar. 20, 1664, before Daniel Denison.f 

Henry Short testified that he gave his consent to his brother 
Tompson to make use of his sister's portion and also sent him 
between forty and fifty pounds out of his own estate to enable him 
to pay Humfery Greffin. Sworn in court. 

John Severanes and John Stevenes deposed, 20 : 11 : 1664, that 
they were at the house of Robert Feates about eight or nine years 
before, when the promise was made, etc. Sworn, Mar. 25, 1665, 
before Daniel Denison.f 

*Writ of replevin, dated Nov. 25, 1664, to deliver a mare, taken 
up by John Emery, to Richard Kent, signed by Daniel Denison,f 
for the court, and served by Wm. Chand[ler],f constable of New- 
bery. 

Richard Kent's bill of charge, 41i. 4s. 

Copy of depositions of Thomas Blomfield, Daniell Thurston, 
Frances Plumer and William Neafe, sworn in Ipswich court, Sept. 
27, 1664, made by Robert Lord,f cleric. 

Copy from the book of records for strays, taken Sept. 28, 1664, 
by Robert Lord,f cleric: "There is a stray bay mare about two 
yeare ould foure black feet a black maine & black tayle taken up 
by John Emery of Newbury the 18^*^ (12) 63 prised by Daniell 
Thurston, John Bond, & Thomas Bloomfield at six pound." 

t Autograpli. 



238 IPSWICH QUARTERLY COURT [Mar. 

Sammuell Sa3'er, aged about eighteen years, deposed that he 
was often at Goodman Emeryes and noticed that the colt had New- 
bery brand mark on him before Emery took him up the first time, 
and the latter kept the colt in his barn two or three days, etc. 
Sworn in court. 

Willia. Lovering, constable of Rowley, testified that he cried a 
young mare for John Emery, etc. 

John Pike* testified, Oct. 25, 1664, that John Emery asked 
Richard Kent whether he would pay him 31i. 10s., of the bill accord- 
ing to Rich. Dole's tender, and he said he would, etc. This was 
concerning the agreement at Ipswich court. Sworn, 30: 1 : 1665, 
before Wm. Hathorne.* Willyam Elsly testified the same. 

Richard Dole deposed that Richard Kent paid him the 31i. 10s., 
etc. Owned in court by John Emery. 

Jane Kent could testify upon oath that she went to Goodman 
BlomfiU to get him to go with her to Goodman Emery's to give 
him 3h. 10s. for the colt. Emery said, "j^ou doe not ow me so 
much doe you: yes saied I we ow you so much for the colt doe we 
not: his answer was he was to have his choice and he would have 
halfe the colt: I objected what if the colt be to seecke and his 
answer was his fockes saied he was at plom Hand: I saied it was 
moore then we knew and I saied for the ten shillings you have som 
part in your hand and we will pay you the rest in beefe if you please 
I said you have put my husband to a great deale of charg and have 
not inricht your self e. I told3^ou my husband wold satisfie you for 
what you ware out with the colt : ay saied he j^ou saied so but you 
did not doe it : my answer was how could we and you wold not tell 
vs what it was." 

Plea of John Emery, sr. : That the case was not triable, not being 
stated according to law in cases of replevin, as on page 69 of the 
law book, as every man has liberty to replevin, page 83; that his 
indictment was for taking up a colt, which is legal, and not being 
indicted for breach of any law, there was nothing to answer; that 
he had other colts that he might have levied the replevin upon as 
well as upon the stray; that if Kent had proved the colt his and 
given satisfaction for expenses, as per law book, page 73, he might 
have had the colt long ago, etc. 

Plea of Richard Kent: That among other horses and colts that 
sometime fed upon Plumb Hand, there was a bay mare colt, which 
came of a mare which he sold to his brother John Kent; that in 
Feb.. 1663, the colt came away unknown to him, and thinking that 
he was still at Plumb Hand, denied it to be his, but later found out 
the truth and demanded him of John Emery; that plaintiff desired 
John Plumer to speak to defendant; that notwithstanding the 
settlement at the last court, the colt was afterward taken up near 
Benjamin Roafe's house and kept secret for a time and a withe 
put upon her for a stray, etc. 

*Autograph. 



1665] RECORDS AND FILES 239 

Capt. Walter Barfoote v. Anthony Ashbye. Debt. Verdict 
for plaintiff.* 

Mr. Anthony Crosbye v. Tho. Nellson, John Brocklebanke, 
Sam. Platts and Lenord Hariman. Verdict for defendants.! 

Mr. Anthony Crosbye v. Robert Swan, Verdict for defendant. J 

*Anthony Ashby§ of Salem, Sept. 14, 1663, acknovv^ledged a 
debt of 31i. 10s. to Walter Barefoote of Boston, to be paid on or 
before Sept. 29, in boots or shoes. Wit: Hen. Greenland§ and 
John Williams. § 

Henerv Greenland's bill of cost, as attorney to Capt. Walter 
Barfoot,^2U. 2s. 8d. 

Walter Barefoote|| of Dover, Mar. 23, 1664, gave letter of 
attorney to his loving friend Henry Greenland. Wit: Tho. Wig- 
gin§ and Samuell Wintworth.§ 

Job Clements testified that Capt. Barfoote sent this letter of 
attorney to Mr, Henry Greenland by him. Sworn in court. 

tWrit: Anthony Crosbie v. Selectmen of Rowley; for refusing 
to lay out, or to show if already laid out, sixty-seven acres of land 
commonly called Rowley village, being the right of an acre and a 
half lot formerly belonging to Mr. Thomas Nelson and sold by 
Mr. Dummer, executor to Mr. Nelson's estate, to John Palmer, 
who sold to John Mighill, and by the latter sold to said Crosbie; 
dated 23 : 1 : 1664-5; signed by Tho. Leaver, § for the court; and 
served by Richard Swan,§ constable of Rowley, 

Bill of cost for the town of Rowley, witness fees of James Bayley, 
John Dreser, James Dickinson and John Brocklebanke, etc., 21i. 
18s. 6d. 

JWrit: Mr. Anthony Crosby of Rowley; for not making good 
the right of three lots according to a deed of sale from Swan to 
Crosby, namely, two hundred acres, being the right of his father, 
Swan's own home lot, and the other sixty-seven acres, being the 
right of one acre and a half lot formerly belonging to Thomas 
Miller; the other sixty-seven acres belonging to one acre and a 
half lot formerly, belonging to Thomas Lilford, which land was to 
be laid out in the tract commonly called the village of Rowley; 
dated Mar. 25, 1664-5; signed by John Carleton,§ for the court, 
and served by Stephen Kent,§ constable of Haverell, by attach- 
ment of the house and lot of Rob. Swan, all the land adjoining, 
the frame of a barn and fifteen acres of land on the other side of 
the highway near his house, 

Robert Swan's bill of cost, 2li. 6d, 

Deed, dated Feb. 4, 1661, John Palmer] | of Rowley sold to John 
Mighill of Rowley the right of one acre and a half lot in the village 
land, which he purchased of Mr. Thomas Nelson's estate, etc. 
Wit: John Carleton§ and WilHa. Lawe.§ On Feb. 4, 1661, John 

§ Autograph. IJAutograph and seal. 



240 IPSWICH QUARTERLY COURT [Mar. 

John Attkinson v. John Godfry. Slander. Verdict for plaintiff. 
Fran. Wainwright v. Thomas White. Debt. Defendant ac- 
knowledged judgment to plaintiff. 
Robert Lord, jr. v. Jo. Godfry. Debt. 
John Grifnng acknowledged judgment to Mr. John Paine. 

Mighell* assigned this deed to Mr. Antoni Crossbee. Wit: John 
Carleton* and Ezekiel Northend.* Acknowledged, Mar. 29, 
1665, before Daniel Denison.* 

Copy of deed, taken from Ipswich court files Mar. 1663, made 
Mar. 23, 1664, by Robert Lord,* cleric. 

Records of the General Court held at Boston, May 22, 1650: 
that Mr. Richard Dumer of Rowley, executor, had sold to John 
Palmer of Rowley, on Oct. 20, 1647, one house and house lot lying 
next to Manning's farm, and three acres of rough marsh near Sandy 
bridge, two acres of salt marsh, two cow-gates and one-half, etc. 
Wit: Maxi (his mark) Jewet. Copy of a copy made by Edward 
Rawson, secretary. The court confirmed Mr. Dumer's right to 
act for Mr. Nelson's estate in this action, upon request of John 
Palmer. 

Copy of depositions of Samuel Brocklebank and Ezekiell North- 
end, taken from Ipswich files. Mar. 31, 1663, made by Robert 
Lord,* cleric. 

Jonathan Plats, aged about thirty-four years, deposed that he 
viewed the 400 acres, in company with John Pickard, Ezekiel 
Northend and Abraham Jewet, etc. Sworn in court. 

Samuell Brocklebanke and James Bayley testified that they 
were present when the lot-layers bounded the 700 acres, etc. Sworn, 
Nov. 10, 1664, before Daniel Denison,* and Samuel Symonds.* 

John Brocklebanke deposed that at a town meeting the 24th of 
this present month, the lot layers Vv^ere desired to go and show Mr. 
Crosbie his bounds, etc. Ezekill Northen said he would go, but 
if Jonathan Plats and Abraham Jewit went, he would not stir a 
foot. Sworn in court. 

Abraham Jewett, aged about thirty years, deposed that Ezekiell 
Northend said that Pickard was not showing them the right bounds 
etc. Sworn in court. 

Samuell Brocklebanke and John Dreser, sr., deposed that being 
present winter before last when land was laid out near Heseltine's 
meadow and Andever line, the lot layers told them that Mr. Nel- 
son's two thousand acres were laid out near that place and that 
John Dreser's lot bounded upon it. Sworn in court. 

James Baly, John Dreser, sr., and James Dickinson deposed 
that at town meeting John Pickard held that the land was already 
in Mr. Crosbie's hand, and Abraham Jewet told him he lied and 
showed signs of great disturbance. 

* Autograph. 



1665] RECORDS AND FILES 241 

Nathaniell Addams acknowledged judgment to Mr, Robert 
Paine. 

John Remington acknowledged judgment to Phillip Nellson and 
Jerimiah Jewett. 

Mathyas Button acknowledged judgment in open court to Mr. 
Jewett's executors, Mr. Phillip Nellson and Jer. Jewett, in corn 
and cattle. 

John Dow and Thomas Dow acknowledged judgment to Mr. 
Jewett's executors. 

Thomas Joanes of Gloster was released from training, paying a 
bushel of Indian corn a year to the use of the company if they see 
cause to take it. 

Mr. Henry Greenland, declaring what hindered him from prose- 
cuting his appeal, court accepted it, and ordered him discharged 
of his bond by payment of five pounds. 

Will of Jonathan Witt of Lynn was proved and the executrix 
was to bring in an inventory to the next Salem court. 

Will of Robert Kinsman Vas proved and inventory brought in. 
Robert Lord, sr., being named as executor in the will, did not 
accept it, but in open court renounced it. 

John Acie, upon proclamation made and none objecting, was 
discharged of his bond for good behavior, as were also his sureties. 

Anna Aniball, administratrix, brought in an inventory amount- 
ing to about 1801i., clear estate. Court ordered that the estate 
remain in her hands for the bringing up of the children, and she 
was to pay to the eldest son, John Anaball, 201i., and lOli. each to 
the rest of the children, three sons and three daughters, at age, 
the land to be security. 

Thomas Pinny was released from training, paying a bushel of 
Indian corn yearly to the use of the company. 

Mr. William Steevens and Symon Tompson were released from 
training, paying 5s. a year to the use of the company. 

James Moulton was released from training, paying six shillings 
a year to the use of the company. 

Sargent Porter, having a long time served as sergeant in the 
company of Salem and now desiring to be discharged, the court 
left him to his liberty. 

John Sorlah had his license renewed to keep ordinary and draw 
wine and liquors for a year, and Richard Longhorne also. 

Capt. Paul White had his license renewed for a year to retail 
liquors by the quart. 



242 IPSWICH QUARTERLY COURT [Mar. 

Mr. Moses Maverick had his Ucense renewed to draw hquors 
for a year. 

Moses Pengry, Mr. Baker and Mr. Swett had their Ucenses 
renewed for a year to keep ordinary, draw wine and retail hquors. 

John Clements of Marblehead had his license renewed to keep 
ordinary for a year. 

Frances Wainwright was licensed to retail strong waters by the 
gallon. 

Andrew Peeters had his license renewed for a year to still and 
sell by the quart. 

The treasurer was ordered to pay to Marke Bachelour, 9s. 7d., 
and to the widow Anaball, 5s. 

Abraham Whiticker, for his contradictory testimony, was or- 
dered to be admonished and disabled for taking any oath for a 
year. 

Daniell Black was sentenced to be whipped or pay a fine. 

Martha Dirky, for fornication, was ordered to be whipped unless 
she bring a note from the treasurer, of three pounds paid to him. 

Mr. Henry Greenland and sureties were released, he having been 
bound to keep the peace. 



Daniell Epps, sr., affirmed that hearing of Mr. Vincent's sick- 
ness the Lord's day before he died, he went to his cousin Harris' 
house to see Mr. Vincent, and she told him that said Vincent was 
a very discontented man, which she thought was the great part of 
his sickness; that he was like a child, angry with everybody, etc. 
Deponent said he was probably very sick and weak, but she said 
it was only two or three days before that he ate as heartily of pork 
and pease as any man could. Also that that morning he desired 
to make a will and she told him that her Uncle Symonds was not 
at home. Deponent went up to see him and when he came to the 
bedside he asked him how he did and he replied that he might do 
how he would for all anybody. Deponent asked him why he said 
that "for knowing my Fathers care and desire of Mr. Vincents 
being comfortably prouided for tould him in my Fathers absence 
that he might send for anything was to be had in the Towne || upon 
my accompt 1| And therefore desired him not to trouble him selfe 
but assured him that he would be prouided for, my Cousen asked 
me when I came down how he did, I sayed he was a very weake 
man, my Cousens answered me they did not believe it for if any 
thing crossed him he would lye and keepe his bed several dayes 
after, ... she tould me that he would be very angrie with 
the Chilldren and call them divells incarnat upon a small occasion, 
and what a weariesome thing it was to my Couzen Gallope." She 



1665] RECORDS AND FILES 243 

said further that she did not want him there more than a week or 
a fortnight longer, and he agreed when his father came home to 
settle the matter. Deponent asked her if there was any wine for 
him and she said no, for they had a quart of sack in the house and 
desired deponent to taste of it. Sworn in court. 

Harlakinden S[ymonds]* testified that he told his cousin Harris 
that it was not because Mr. Vincent was not godly or reHgious,but 
he was irritable on account of his weakness and age, etc. Sworn 
in court. 

Thomas Harris deposed that the day that Mr. Vinson signed the 
will, deponent asked him what was in the will and the letter of 
attorney he had given, and Mr. Vinson replied that he had given 
Mr. Simonds power to deal with Jno. Edwards about rent, and 
that there was nothing but that he could alter when he pleased. 
He further said that there was no deed of gift except what was in 
the will, and later desired deponent to make another will for him, 
but he refused. 

Martha Harris and Hanah Gallop deposed. Sworn in court. 
John Edwards deposed that he was at Thomas Harris' house 
about ten months ago and his master Mr. Vincent, with tears in 
his eyes, said he did not think Mr. Symonds was such a man as 
he had found him, for he would not let him see the writings. Mr. 
Vincent sent for deponent and told him not to pay anything to 
Mr. Symonds, for the latter had too much of his estate already and 
that he should not get a pennyworth of his estate, but it should 
go to those who had the trouble with him. He also told deponent 
to ask Goodman Lord to come to him to make another will. Sworn 
in court. 

Hannah Gallop deposed that Mr. Simons told Goodwife Harris 
not to let him want for anything, and when she said that nobody 
but Goodman Bishop would trust them v/ithout knowing who was 
to pay for it, Mr. Simons said, "Why: should I lay it out of my 
Estate?" At these words Mr. Vincent was so much afflicted in 
his spirit that he continued sighing and weeping until his dying 
day. Sworn in court. 

John Dane, aged fifty-two years, deposed that Mr. Vincent's 
grief over what Mr. Symons had done, had shortened his life. 
Sworn in court. 

Daniell Epps deposed that sometime before his mother's death, 
he was at his father's, and his mother told him that Mr. Vincent 
had made a will and given all to deponent's father, except 201i. to 
deponent's sister Martha, lOli. to his cousin Harris and something 
to Goodman Edwards. They asked Mr. Vincent if he had no 
relatives to bestow it upon and he said he had but one in this 
country, not very nearly related, which for reasons of his own he 
would not bestow it upon, etc. Sworn in court. 

Mr. Lake deposed that his brother Symons said to "my daugh- 
ter" Harris, etc. Sworn in court. 

*Autograph. 



244 IPSWICH QUARTERLY COURT [Mar. 

Capt. George Corwin, coming into court and demanding ten 
pounds that he had laid out for the county, court ordered that at 
the next levy he should be paid. 

Mary, wife of Job Bishop, having been convicted of receiving 
stolen goods from Sarah Roper, converting them to her own use, 
and being an abettor and encourager of the said Sarah in her several 
thefts from her master Major Genrll. Denison, court ordered that 
said Mary Bishop pay treble damages according to law, that she 
be whipped or pay five pounds, and be bound to good behavior. 
Mr. Symons was appointed by the court to see the execution per- 
formed.* 

Samuell Varnam deposed. Sworn in court. 

Nathaniell Piper deposed that Thomas Harris said that he would 
not keep Mr. Vincent for three times what he was worth, and that 
he heard said Harris tell his father Stilson, etc. 

WilHam Quarles, aged about eighteen years, deposed that being 
sent to town to Mr. Chute's upon an errand, Goodman Harris took 
his horse by the bridle as he passed by his house and told him 
he must go in and help him with Mr. Vincent. Goodwife Harris 
told him as soon as he reached home to tell her aunt or uncle or 
cousin Samuell to come, "good-now William doe not forgett itt." 
Sworn in court. Mistress Rebecka Symondsf affirmed that she 
was informed of Mr. Vincent's death by her son Chute, and know- 
ing that her husband was executor, she and her son Samuell went 
to town to see about the funeral, and sent a man to assist about 
the corpse. Cosen Harris brought Mr. Baker to her to order con- 
cerning the cake, and the next morning knowing that said Baker 
wanted butter, he went to her at Mr. Cobbet's where she borrowed 
some of Mrs. Cobbet. She consulted with sister Lake and cousin 
Harris, for being a stranger she was not so well acquainted, and 
they left her to decide. Her cousin Harris said he had had need 
of shirts, neckcloths and stockings which were provided, and that 
he had wanted nothing for she mended his shirts and stockings 
until she could get cloth of a "competent breadth" for him to 
make him shirts, there being none fit in the town at that time. Her 
cousin Harris said he asked her to send for Deacon Knowlton, etc. 
Affirmed also by Samuell Symonds, jr.f 

James Chute deposed. Sworn in court. 

William Quarles deposed that not long before Mr. Hale married 
his mistress' daughter, he went to Goodman Piper's, etc. Mr. 
Vincent said," you have lost a good mistris; she was a good friend 
of mine, I have received more kindness from your master & mistris 
then from any friends I had besides." Sworn in court. 

*Patience Denison testified that while Sarah Roper lived with 
them, especially the last year, she missed beef, pork, butter, cheese 

fAutograph. 



1665] RECORDS AND FILES 245 

Symon Tuttle, being referred back by the Genrll. Court to this 
court, to determine about his great misdemeanor, was fined and 
was to be a prisoner until it be paid. His bond for good behavior 
was taken off. 

and poultry. As for the other articles, she knew that they had 
been taken from her and lost, except the other parcel of linen out 
of the same box valued at 5s., which she believed said Sarah took 
from her, also some other new linen or cotton cloth not mentioned 
in the following list of things stolen by Sarah Roper: A silver 
spoon, 8s.; a pr. of new stockings, 5s.; taffety stomacher, 2s.; 
silke lace & buske, Is. 6d. ; a card of Buttons and silke, 3s. 4d. ; a 
bundle of holland containing 4 parcels 1 yd. & 1-2 & better of fine 
hoUand cost 12s. 6d. p. yd., 2 above 1 yd. worth 9s. p. yd., 3 1-8 yd. 
holland worth 8 p. yd., 4 halfe a yd. of fine holland at 12s. p. yd., 
total, 2H. 5s.; other parcels of Unen out of the samo box, 5s.; 1 
paire of sheetes, lU. 5s. ; Dowlas towel, 2 napkins, 4s. ; fine holland 
cap scolopt, 4s. ; quoife, Is. ; a pr. of gloves & knife, 2s. ; a cake 
of castle soape, Is. 6d.; fine thred, Is.; Ribbon, tape, thred and 
other things. Provisions conveyed away, a piece of porke, her 
sister, 6d.; Beefe & porke suet to Goodwife Bishop, 10s.; Meale 
and Malt to her, 10s.; Butter to her, 3s.; cheese, 10s.; milke to 
Goodwife Bishop, 4s. ; Beere & syder, 2s. ; chicken pies, apple pies 
& other junketing, 10s.; 9 bushels 1 pecke of wheat proved by 
Bishop's boy & her own confession, 2U. 6s. 3d.; Indian corne to 
Rich. Brabrooke, 5s. ; wheat to pay for a lace, proved by Goodwife 
Dutch, 4s.; victuals dressed, carryed on Sabbath dayes, witnes 
Rich. Brabrooke. Sworn, Feb. 4, 1664, before Samuel Symonds.* 

Sarah Roper confessed that she had 2 bushels of wheate wch. 
shee payd to Job Bishop's wife for holland; 2 bushel for a paire of 
shoes received of her this summer; John Brownson brought 2 
bushels in the spring; Willm. Durgy saith she brought 2 bushels 
for a pr. of shoes last michelmas was twelve month; 1 bushel & 
halfe for lace this spring. Thomas Bishop and his wife, and Willm. 
Durgy affirmed the same. Sworn, Nov. 4, 1664, before Samuel 
Symonds.* 

Mary, wife of Samuel Foulsam, affirmed that Sarah Roper took 
provisions to the wife of Job Bishop, and that Goodwife Smith, 
sister-in-law to said Job, etc. Sworn, Nov. 18, 1664, before Sam. 
Dudly,* Seaborne Cottonf and Symon Bradstreet, jr.* 

Mary, wife of Thomas Hart, jr., deposed that when Goodwife 
Bishop lay in with her last child, she had beer in her house all the 
time that deponent was there, etc. 

Sarah Roper confessed that she took a pair of red stockings out 
of her mistress' chest, also a silver spoon from the dresser, etc. 
Sworn before Edward Rawson,* secretary. 

Mary, wife of Robt. Dutch, aged about thirty-six years, deposed 
that about three years ago when Sarah Roper lived at Major Genii. 

*Autograph. 



246 IPSWICH QUARTERLY COURT [Mar. 

Samuel Hunt was released of his bond for good behavior and 
was restored to freedom. 

William Neff of Newbury, did not appear, and his bond was 
declared forfeited. 

Dennison's, she saw her at Tho. Bishop's shop take a piece of lace 
for a dressing and promised to pay in wheat. Sarah further called 
her mistress "old Jew & hobhng Joane." Sworn, Nov. 25, 1664, 
before Simon Bradstreete.* 

Mary Dutch, aged between twelve and thirteen years, deposed. 

Grace, wife of Will. Hopkins, deposed. Sworn, Nov. 25, 1664, 
before Simon Bradstreete.* 

Petition and confession of Mary Bishop: That she had had 
too much familiarity with Sarah Roper, that she had drank cider 
at the well with her and once at the Maj. Genii's house, that she 
had had milk of her when she did not have enough for a posset, 
that she had some pitchers of beer of her before said Mary's brother 
came to the town, and some apples for the children and suet for a 
pudding; that she had given Sarah mackerel, which she said they 
did not have at the Maj. Genii's. She besought clemency on 
account of her lonely condition, although she did not deserve it, 
etc. 

Martha, wife of John Smith, deposed that Mary Robey, who 
had lived near a year with the wife of Job Bishop, was with depon- 
ent a week and lamented hving with said Bishop saying that she 
thought they would starve on account of scanty diet had not 
Sarah Roper helped them with provisions. That the latter had 
almost been taken when she had set the piggin of malt in the wood 
and John came to cut wood very near it, and that Goodwife Bishop 
was continually asking said Roper to bring things, etc. Sworn, 
Nov. 25, 1664, before Samuel Symonds.* 

Shoreborne Wilson and Abigal, his wife, deposed. Sworn, Nov. 
25, 1664, before Samuel Symonds.* 

Simon Bradstreete* and Samuel Symonds* certified that Mary, 
wife of Job Bishop had bound herself, etc. 

Abigail, wife of Shoreborne Wilson, deposed that last winter 
she lived at Job Bishop's, and the latter's wife roasted a joint or 
two of meat for the Major, Sarah Roper bringing butter with which 
she basted it, etc. Sworn, Nov. 25, 1664, before Samuel Symonds.* 

John Brownson, aged almost sixteen years, deposed that he had 
carried provisions to different persons for Sarah, etc. Sworn, 
Nov. 24, 1664, before Simon Bradstreete.* 

The examination and confession of Mary, wife of Job Bishopp: 
That Sarah brought her pork once when the latter's master and 
mistress had gone to Andover, etc. Sworn, Nov. 25, 1664, before 
Simon Bradstreete.* 

* Autograph. 



1665] RECORDS AND FILES 247 

John Liegh, jr., being enjoined to appear and defaulting, court 
fined him ten shillings for contempt. 

Henry Bennett and John Leigh, jr., being sureties for James 
Sanders, and the latter appearing, were discharged. 

Given to the house five shillings. 

Court adjourned to Apr. 27 next. 

Apr. 6, 1665: — 

Thomas Bishop came before the Worshipfull Mr. Samuell Sy- 
monds and undertook the payment of Mary Bishop's fine. 

Mary, wife of Job Bishop, acknowledged a bond for good be- 
havior before the Worshipfull Mr. Samuell Symonds. William 
Smith, surety. 



Court held at Salisbury, Apr. 11, 1665. 

Grand jury: Rich. Wells, foreman, Edward Frend, Will. Os- 
good, Tho. Barnard, sr., Jno. Stevens, sr., Bartholemew Heath, 
Wm. White, Abraha. Pirkins, sr., Anthony Stanian, Tho. Ward, 
Jno. Samborn, Jno. Brown, Ralf Hall, Lt. Phillip Challis,t Wm. 
Buswell,t Henry Palmerf and Christo Palmer.f 

Jury of trials: Georg Goldwyer, Andrew Greely, Willi. Bus- 
well, Sam. Foot, John Redman, foreman, Henry Green, Robert 
Smithe, Tho. Dearborn, James Pecker, Joseph Davis, Nicholas 
Smithe, James Kid, Henry Robie, Nath. Boulter, Jno. Hutching, 
Steven Kent, Jno. Stevens, sr.,t John Hoyt, sr.,t Henry Palmerf 
and Tho. Davis.f 

Civil cases: — 

Jno. Godfrey v. Willi. Symons. Debt. To.be paid in wheat 
and Indian corn. Verdict for plaintiff. Court accepted the ver- 
dict. 

Capt. Pall White v. Hugh Sharratt. Debt. Joseph Davis, 
attorney of Hugh Sharrat, acknowledged judgment to Capt. Pall 
White of Nubery, before Tho. Bradbury, rec* 

Jno. Swadock v. Wm. Deale. Debt. Of wheat and Indian 
corn. Plaintiff affirmed that it was defendant's hand and seal to 
the bill sued for. Verdict for plaintiff. 

*Writ, dated Mar. 26, 1665, signed by Anthony Somerby,t for 
the court, and served by Stephen Kent, J constable of Haverell. 

t Crossed out. t Autograph. 



248 SALISBURY QUARTERLY COURT [Apr. 

Jno. Hutchins and Joseph Davis, attorney to Tho. Davis, ac- 
knowledged judgment to Capt. Pall White of Nubery.* 

Jno. Young v. Israeli Wite. For withholding pay for eleven 
hundred and a half of pine boards and for work done for said 
Israeli Waite. Nonsuited.f 

Ralf Hall v. Jno. Neale. Debt. To be paid in good, neat cattle, 
beef or pork, a mare and colt. Defaulted. 

Walter Tayler v. Tho. Nicols. For refusing to satisfy him for 
damage done by swine in his corn. Verdict for plaintiff. The 
jury declared in open court that they found damage upon all the 
swine, both Nicols and Ed. Goes. Court did not concur. 

Robert Ring v. Town of Salisbury. For not giving him reason- 
able satisfaction according to agreement with Jno. Severans, the 
town's attorney, made Aug. 31, 1663, concerning judgment granted 
to said Ring by the Salisbury court in 1663, against the town, for 
not laying out to him his division of salt marsh in the first higledee 
pigledee lots, nor performing the award of the arbitrators, that is, 
Mr. Symonds chosen by the town, and Mr. Woodman by said 
Ring, as by order of said town and said Ring's proposition ap- 
peared. Verdict for plaintiff, the marsh in controversy. Court 
did not concur. 

Edward Colcord v. Christopher Palmer. Trespass. For mow- 
ing his meadow near the beach, which was sometimes Willi. Wake- 
feild's, and claiming it as his own. Verdict for defendant. 

Edward Colcord v. Joana Tuck and Jno. Samborn, administra- 
tors of the estate of Robert Tuck, late of Hampton. Review of 
an action tried at Hampton court, 3:8: 1654, concerning a debt 
for pipestaves paid to Mr. Willi. Payne. Withdrawn. 

Ed. Colcord v. Christopher Palmer. For cattle and for work 
done by Jonathan Colcord, his son, and shoes delivered to him. 
Withdrawn. 



*Writ: Capt. Paule White of Newbery v. Tho. Daivis, John 
Hutchins and Daniell Hendriks; debt; dated Mar. 21, 1664-5; 
signed by John Carleton,t for the court, and served by attachment 
of the persons of Tho. Davis and John Huchins and of the house 
and orchard of Danniell Hendrick. 

fBill of costs, for a voyage from Hampton to Exeter and to Mr. 
Hilton's, for a voyage to Quomscoote, for a witness coming from 
Swamscot and going back, three days, etc. 

t Autograph. 



1665] RECORDS AND FILES 249 

Edward Colcord v. Nath. Boulter. Trespass. For felling and 
carrying away the timber from off his land near the Mill Brook in 
Hampton, which land was sometime Wm. Howard's. Special 
verdict found. Court found for the defendant. 

Ed. Colcord v. Henry Roby. Trespass. For planting certain 
land of his, lying near defendant's house, without plaintiff's license. 
Special verdict found. Court found for defendant.* 

Capt. Pendleton v. Mr. Richard Patteshall. 

Capt. Bryan Pendleton v. Isaac Cosens. 

Jno. Samborn v. Wm. Fiefeild. Slander. For saying he had 
taken a false oath and for defaming him in several places. One 
half of the entry of this account was remitted. f 

Christopher Palmer v. Edw. Colcord. For endeavoring to 
nullify or make void a certain mortgage in writing under hand and 
seal, by which defendant engaged certain parcels of land to plain- 
tiff's heirs upon consideration of non-payment of 261i., as by the 
said deed appeared. Withdrawn. 

Christopher Palmer v. Edward Colcord. For not making good 
three parcels of land according to an engagement under his hand 
and seal, bearing date Mar. 16, 1660-61, whereby defendant had 
agreed to make good to plaintiff the lands upon non-payment of 
the 26li. Verdict for defendant. 

Christopher Palmer v. Humphrey Wilson. For not satisfying 
him for four loads of hay, which he had off from his meadow in 
Hampton, near the beach, which meadow was sometime Walter 
Roper's, and which hay was brought by defendant or his order in 
the winter of 1661. Withdrawn. 

Tho. Davis, or his attorney v. Jno. Hutchins. Concerning the 
general accounts between plaintiff and defendant about the saw 
mill at Haverhill, which stands upon the little river by Steven 
Kent's lot, of which mill Jno. Hutchins is third owner. The jury 

* Abraham Perkins, sr., deposed that some years since Tho. King 
had a judgment against Edward Colcord, and deponent levied an 
execution upon the land in controversy, but soon after said Col- 
cord notified deponent to let the execution fall, etc. Henry Roby 
was one of the appraisers of the land. Sworn, 11:2: 1665, in 
Salisbury court. 

Bill of costs in foregoing action, Henry Roby, Samuell Dalton 
and Samuell Roby mentioned. 

fWrit, dated 18 : 12 : 1664, signed by Samuell Dalton,f for the 
court, and served by Thomas (his mark) Loufet, constable of 
Hampton, by attachment of house and ground of defendant. 

{Autograph. 



250 SALISBURY QUARTERLY COURT [Apr. 

finding it very dark, there was a proposition made in court for 
reference, and the parties agreed as follows : that the matters now 
in question and all other differences between them were referred to 
Mr. Bradstreet, Mr. Joseph Hill and Capt. Pike, and if they do 
not make good the award, execution should proceed, as if it had 
been so judged in a court of judicature. Tho. Bradbury, rec. 

Steven Kent v. Robert Swan. Trespass. For making a fence 
upon plaintiff's land, the title of the land being intended which he 
had fenced in. Verdict for plaintiff. Appealed to next Court of 
Assistants.* 

Sam. Winsley was sworn constable for Salisbury for the year 
ensuing. 

Mr. Henry Dering was licensed to keep the ordinary for the 
toAvn of Hampton, and to sell wine and strong waters by retail. 

Willi. Buswell was sworn clerk of the market for Salisbury for 
the ensuing year. 

Mr. Jno. Gillman and Lt. Ralfe Hall were chosen and sworn to 
end small causes for Exiter for the ensuing year, Tho. King was 
sworn constable and Mr. Jno. Gillman, clerk of the writs. 

Capt. Pike, Capt. Bradbury and Rich. Wells took the three men's 
oath for Salisbury for the ensuing year, Wm. White for Haverhill, 
Tho. Ward for Hampton and Mr. Edward Hilton for Exiter. 

Jno. Huggins was appointed administrator of the estate of Jno. 
Legatt, deceased, and was ordered to bring in an inventory to next 
Hampton court. 

Edward Colcord was freed from the court order of 8 : 8 : 1661, 
which restrained him from commencing any suit against any man 
without giving security to discharge defendant's charge, all except 
the actions commenced at this present court. 

Israeli Wight was appointed administrator of the estate of Tho. 
Wight, formerly of Exiter, and was ordered to bring in an inven- 
tory to the next Hampton court. 

Nathaniell Weare was appointed administrator of the estate of 
Francis Swain, deceased, and was ordered to present an inventory. 

*Writ: Steven Kent, assignee of Robert Swan, the assignee of 
Tho. Dow V. Steven Dowe; dated 1:1: 1664, signed by Tho. 
Bradbury, t for the court, and served by Edward Clarke,t con- 
stable, by attachment of land of Steven Dowe of Haverell. 

Robert Swan's bill of cost, 21i. 2d. 

t Autograph. 



1665] RECORDS AND FILES 251 

Georg Brown was sworn constable of Haverhill for the ensuing 
year. 

Jno. Godfrey was fined for excessive drinking. 

Batt. Heath was sworn appraiser for the town of Haverhill. 

Jno. Severans was appointed administrator of the estate of Isaac 
Jones, late of Salisbury, deceased, and was ordered to present an 
inventory, and to pay only for the present the funeral charges, 
physic and diet. 

Whereas the court was informed of great misdemeanors which 
had lately been committed by several of the new town at the house 
of Jno. Colby, they sentenced as follows: Nath. Barnard, for 
fighting, railing and dangerous threatening, Walter Taylor testi- 
fying that he was in fear of his life on his account, was fined and 
bound to good behavior;* Mary Colby, for bold and uncivil carri- 
age in pulling Walter Tayler's cap off his head, and pulling him 
off from his seat backward, was fined; Sam. Colby, for abetting 
Nat. Barnard, was fined; Jno. Colby, for cursing and suffering 
such miscarriages in his house, was fined, and warned not to enter- 
tain men's sons and servants without leave of their parents or 
masters ; Walter Tayler, for railing, excessive drinking and striking 
Ed. Cottle's servant, was fined and bound to good behavior. 

Nath. Barnard and Jno. Colby bound for said Barnard, and 
Walter Tayler also bound. 

Several Exiter men, complaining of the necessity of a bridge 
over their river for the use of the country, court appointed Sergt. 
William Titcumb of Nubery, Richard Currier of Salisbury and 
Wm. Fuller of Hampton to view and determine the same accord- 
ing to law, page 6, in August next. 

Hugh Sharratt's license to keep the ordinary for Haverhill was 
renewed for one year. 

Allowed for the use of the room for the court's sitting, 10s., and 
to the servants of the house, 5s. 

Division of the estate of Robert Tuck of Hampton, late deceased, 
who died intestate: that the estate remain in the hands of the 
administrators for the use of the widow, and at her death, to be 

*Summons, dated 11:2: 1665, to Tho. Sargent to appear as a 
witness in the complaint against Nathanell Barnard, signed by 
Tho. Bradbury,t for the court. Hennor[y] Brownef constable of 
Salisbury, appointed Edward Cottle his deputy. 

t Autograph. 



252 SALISBURY QUARTERLY COURT [Apf. 

divided equally among the three children, Robert Tuck, Elisabeth 
Sherbourn and Mary Sambourn, and the grandchild, Jno. Tuck, 
son of Edward Tuck, provided the land that belonged to the grand- 
child which was given by said Robert to his son Edward shall be 
valued with the rest of the land that said Edward died possessed 
of, and none of the land to be sold without the court's consent.* 



*Inventory of the estate of Robert Tucke, appraised, Nov. 17, 
1664, by Robert (his mark) Page and Tho. Warde if The houses, 
barne, homlott wth. ye Comonage, lOOli. lOd. ; Six acres of meadow 
on ye mill brooke, 31i.; Six acres of meadow & nine acres of Salt 
marsh by Gouges wigwam, SOU. ; 40 acres upland joyning ye above 
meadow, 401i. ; five acres salt marsh over ye falls River ag* y"' clam- 
banke, 51i.; Salt marsh yt was sometimes Eliakim Wardals taken 
by execution, 101i.;Six Cowes,41i. 10s.p.cowe& one Heifer, 4U., 3 Ih. 
Two young beasts under 2 years old, 51i. ; Two calfes, 31i. ; one old 
Horse & one three year old mare, 121i.; six small shotes, 41i. 10s.; 
In ye parlor, one feather bed & bolster, one payer sheets, one payer 
blankets, one rugg, one pillow & pillow drawer, beadsted, Cour- 
tains & vallance, lOli. ; One Court Coubard, 2 chayers, 3 Cushins, 
one table, one foorme with Cubbard cloath & carpet & one frame 
chayer, 31i. In ye outward chamber, one feather bedd, one payer 
of blankets, 2 bolsters & bolster case & Rugg, 51i.;one table & 
forme, 6s. 8d. In ye inner chamber, one downe bedd, one bolster, 
one Rugg, two pillows, one boulster case & bedstedd, 7U.; one 
feather bedd, 2 boulsters, one boulster case, one blankett, one Rugg, 
one bedstedd, 61i. 10s.; two old chests, 5s. In ye leantoo, one 
feather bedd & boulster, 1 rugg, 2 blankets, 1 pillow, 51i. In ye 
little parlor, 1 feather bedd, 2 bolsters, 2 pillowes, 1 blanket, 1 
coverlet, 91i.; one table, one Carpett, one small settle, 15s.; one 
copper & a copper kettle & one brass skillett, lOli.; one copper 
kettle, 1 bras kettle, 1 warming pan, 3 brass skillets, 2 brass panns, 

1 great brass candlestick, 1 smal bras candlestick, 2 brass ladels, 1 
scummer, 31i. 5s.; one payer of Andyrons, Hi.; two Iron potts, 
one Iron skillett, 2 payer Tramells, 1 spitt, 1 iron driping pan, 2 
payer pott hookes, 1 gridyron, 1 flesh forcke, 21i. 5s.; 10 peuter 
dishes, 2 basons, 2 plates, 3 butter dishes, 4 porringers, 2 chamber 
potts, one Saucer, 51i. 6d. ; five quart potts, 2 pint potts, one half 
pint pott, 2 Jills, one half Jill, 1 peuter Tanker, 4 wine cupps, 2 
beere cupps, two Saltes, 2 dram Cupps, one CuUinder, 3 lattin 
panns, one Lanthorne, Hi. 6s. ; two axes, one hatchett, 1 muskett, 

2 payer doggs, 1 saw, 2 Howes, 21i. ; two payer of fine sheets, 31i. ; 
fower payer of Sheets, 6U. ; 8 board clothes, one dozen of napkins, 
41i. ; one pillow case & one Towell, 5s. ; one cheese press & darie 
Lumber, & beere caske wth. a table in ye kitchin & three Chayers 

t Autograph. 



1665] RECORDS AND FILES 253 

Court ordered that there shall be a county rate made to pay 
Jno. Severans' charge in entertaining the present court, and all 
else due him to be paid within eight weeks from the end of this 
court. 

Jno. Ilsly, jr., presented for abusing Rich. Wells, was fined. 

wth ye Lumber, 31i. ; all his clothes, 7H. ; total, 38511. 17s. 2d. Copy 
taken from the Norfolk county records by Tho. Bradbury,t rec. 

Execution, dated 15 : 8 : 1664, against John Hutchins, to satisfy 
judgment granted Thomas Davis at Salem court, Apr. 14, 1663, 
signed by Tho. Bradbury, f rec, and served by Abraham Drake,t 
marshal of Hampton. 

Thomas (his mark) Davis and James Pecker,t both of Haverhill, 
Oct. 13, 1664, acknowledged a debt to Capt. Brian Pendleton of 
Portsmouth, merchant, to be paid in clean, good corn at the now 
dwelling house of said Pendleton. Wit: Robert Pikef and Tho. 
Bradbury. t Acknowledged, 11 : 8 : 1664, at Hampton court. 

Oct. 13, 1664, found in Booke 5, folio 44, the whole debt to be 
301i. 10s. 4d. Whereof reed, in red oake heading, Hi. Is. 8d. & p. 
a noate from Andrew Wiggin, 31i. 5s., p. Roger Shaw, 15s., in the 
same folio & in shaken Cask.f 

Rich. Currier, aged about forty-seven years, deposed that he 
was servant to Mr. Fran. Dove when the division of the land in 
controversy was made, and he and another servant, Thomas Macy, 
the latter agent for his master, mowed it, said Macy saying that 
the bounds were marked by a pine tree on the beach, and he mowed 
at the head of the dead creek. Goodman French's sons mowed 
land of his master Dove's and they told deponent that said French 
had bought it of Mr. Hauls, etc. Sworn, 12 : 2 : 1664, at Sahs- 
bury court. 

Writ: William Marston, sr. v. Joseph Merry; debt for goods; 
dated Apr. 6, 1665; signed by Samuell Dalton,t for the court, and 
served by Abraham Drake, f marshal of Hampton, by attachment 
of house of defendant. 

Nathaniel Barnard and Samuel Colby deposed that they were 
at the house of Heaniry Sawers and they read the court order to 
widow Palle, concerning a division of land between widow Payle 
and Thomas Barnaar, jr., and she refused, etc. Sworn, 11 : 2 : 
1665, at Salisbury court. 

Christopher Hussey,t Thomas Mastonf and Nathaniell Bachi- 
lar,t having been appointed by the selectmen of Hampton to view 
and appoint a convenient place for a highway over Exeter Falls 
river, determined, Oct. 25, 1664, that the most meet place was 
between four or five rods distant from the head of the dam of the 
old mill. 

t Autograph. 

I This paragraph is written on the reverse of the foregoing paper. 



254 IPSWICH QUARTERLY COURT [Apr. 

Jno. Severans was licensed to keep the ordinary for Salisbury 
for the ensuing year. 

Jno. Ilsly, jr., presented for inhumanly abusing Jno. Dickison, 
jr., was fined and to acknowledge in open court that what he did 
was sinful and shameful. He made acknowledgment. 



Court held at Ipswich, Apr. 27, 1665. 

Henry Spencer confessed in court that he ran away from his 
master, Edmond Mounforth, and stole from him a coat, a piece of 
serge, 2 Bibles, a rapier and belt, a pewter bottle and a piece of 
linen cloth, and being at Andover at Goodman Chandlour's, he 
broke into said Chandlour's house twice and stole a horse and 
saddle. After being apprehended and brought to Ipswich prison, 
he broke prison. He was ordered to be severely whipped, branded 
on the forehead with the letter B, and pay a fine of five pounds to 
the county, and to his master, treble damages, amounting to 
thirteen pounds, and forty shillings to his master for loss of time. 
Further ordered that upon his master paying the fine, he should 
be sent to Boston prison, there to remain until his master can dis- 
pose of him. In the meantime, he was to be kept in Ipswich 
prison. 

John Palmer, for his high misdemeanor in attempting unclean- 
ness with Elizabeth White in her master's house, was ordered to 
be severly whipped and to pay costs to Mr. Epps. 

John Pickerd, presented for taking bolts and none appearing to 
own the bolts, was respitted until next court. If no one owned 
them, he was to be discharged.* 

John Kent was ordered to be whipped or to pay a fine for forni- 
cation, f 

John Cale's presentment was left to the next Ipswich court. t 

Joseph Leigh was bound to answer about the sow at the next 
Ipswich court. John Leigh, sr., his father, bound for him. 

*Rowley presentment. He took cedar bolts from a camp. Wit : 
Johnathan Hopkenson, Joseph Chaplin and Samuell Palmer. 

fJohn Kente of Nubery and his wife, living with Richard Kent, 
were presented. 

tJohn Cale and William Niff of Nubary were presented for 
taking up a horse of John Aslit's of Andover and deUvering him to 
John Tod of Roule for his horse. Wit: John Tod and John Asht. 



1665] RECORDS AND FILES 255 

The constable of Topsfield returned that Mr. Perkings was not 
at home and could not be summoned to answer his presentment. 

John Cheny, presented for reviling speeches, was fined.* 

Robert Morse and Susana Rogers, presented for reviling words, 
were fined. 

John Leigh, jr., was fined for threatening words against Sam. 
Younglove.f 

John Sanders was ordered to pay treble damages for stealing 
an ax from Tho. Manings, and John Leigh, as accessory, was fined. 

James Sander was fined for stealing a beetle from Sam. Hunt, 
for stealing seven posts from Mr. Sam. Rogers, and a sow from 
Willm. Downeing.l 

Tho. Johnson was allowed charges in Henry Spencer's action. 

Gabrill CoUings of Gloster dying intestate last winter, an inven- 
tory of his estate, amounting to 61i. 16s. having been brought into 
the last Ipswich court, but no administration asked for, court 
granted administration to John CoUings of Gloster, one of the 
creditors. 

*John Chany, jr., of Nubare, presented for threatening the 
children of James Mirack that he would knock their brains out if 
they came upon his ground, and for calUng his wife vile names, etc. 
Wit: James Mirick, Margret Mirick, Joseph Musey and Robart 
Morse. 

Presentments, dated 28 : 1 : 1665, signed by Abraham Toppan,§ 
in the name of the rest : — 

John Lea, jr., and Joseph, his brother, presented for stealing a 
parcel of posts from Samuell Rogers. 

"Alen Perley Gave his 4 sonns all the land they are post, of 
beyond The 3 take liberty & 21. Jo. Tho.: & Sam. have the 3 
pts. of the Land beyond Bachelours brooke exsepte gr* meddow & 
all that was Nath: to my 2 daugh. sara & martha. To Timothy 
the house & all the land on this syd Bachelours brooke the gr' 
meddow to Timo att 23 only his mother a roome & household 
stuffe as long as she live & cattle liveing with 71i. a ye. Susan his 
wife executrix." 

t testified that when Samuel Yonglove delivered his 

colt to Joseph Lee, Goodman Rest and deponent were present and 
saw John Lee stand within the innermost door with a naked knife 
in his hand and bade him get out of the house, etc. 

JJohn Downy, aged about twenty-two years, deposed that John 
Lee and James Sanders came with the cart when they brought 
those five holed posts which Samuell Rogers challenged to be his 
posts. Sworn, Mar. 25, 1665, before Daniel Denison.§ 

§ Autograph. 



256 • SALEM QUARTERLY COURT [June 

Court held at Salem, 27 : 4 : 1665. 

Judges: The Worshipfull Mr. Symond Bradstreete, Major Dan- 
yell Denison and Major Will. Hathorne. 

Jury of trials: Capt. Tho. Lothrop, Will. Browne, James Browne, 
John Gedney, John Buttolls, Frances Skery, John Putnam, Tho. 
White, John Fuller, Tho. Farrer, Will. Crofts and Joseph Mans- 
feild. 

Civil cases: — 

Mordecaie Craford v. Capt. Tho. Savage. For several goods not 
accounted for and errors upon account. Withdrawn. 

Mordecaie Craford v. Capt. Tho. Savage. Review of an action 
tried at Salem court, 30 : 4 : 1663, upon balance of accounts. 
Withdrawn. 

Mordecaie Craford v. Capt. Tho. Savage. For repairing, trim- 
ming and charge laid out upon the bark Content, etc. Withdrawn. 

Symond Crosby v. Henry Roads. For refusing to dehver or 
make satisfaction for an ox valued at 71i., which defendant obtained 
as a stray from Mr. Purchas. Verdict for plaintiff.* 



*Writ, dated 21:4: 1665, signed by John Fuller,t for the court, 
and served by Nehemiah Jewet,t deputy for Samuell Archard,t 
marshal of Salem, by attachment of land of defendant that lay 
next to Jno. Fullar's. 

Symon Crosby's bill of costs, going to Brantry, etc., 41i. 13s. 8d. 

Nathanill Hanford, aged fifty years, and upward, and Andrew 
Mansfield, aged forty years and upward, deposed that they went 
to the Iron works to see the ox in Mr. Purchas' pasture and he was 
so thin that he was hardly fit to kill for meat, etc. Sworn in court. 

Wm. Flinte, aged sixty-two years, and Jno. Reives, aged about 
thirty years, deposed concerning the earmarks, etc. Sworn in 
court. 

Joseph Crosby, aged twenty-five years, deposed that he was 
present when Gregory Belshar delivered Simon Crosbey of Bill- 
recay a steer. Word was sent to deponent at Brantrey, etc. Sworn 
in court. 

Gregory Belshar, aged about sixty years, deposed. 

Oliver Purchis, aged about forty-eight years, deposed that in 
1663, a steer frequented the barn and yard at the Iron works, and 
he asked the herdsman, etc. Mr. Rhoads said the ox he had lost 
had been branded by his sons, etc. Sworn in court. 

Eliezer Rhodes and Joshua Rhodes, deposed concerning the 
condition of the bullock which their father had killed, etc. Sworn 
in court. 

t Autograph. 



1665] RECORDS AND FILES 257 

Mr. Phillip Cromwell v. Parnell Bartoll, administratrix of the 
estate of John Bartoll, deceased. Debt. Withdrawn.* 

Richard More, aged about fifty years, deposed. 

Nehemiah Jewetf and Oliver Purchisf certified as to the value 
of the ox. 

Nehemiah Jewett, aged about twenty-two years, deposed. 
Sworn in court. 

Jno. Burrel, aged about thirty years, deposed. Sworn in court. 

William Wilson, aged about thirty years, deposed concerning 
the marks. Sworn in court. 

Jno. Collens, aged about thirty years, deposed that Symon 
Crosby, who was a stranger to him, came to him when he was con- 
stable, etc. Sworn in court. 

*Writ, dated 20 : 4 : 1665, signed by Hillyard Veren,t for the 
court, and served by Samuell Archard,t marshal of Salem, 

Francis Simson,t aged fifty-five years, deposed that in 1653, Ed- 
mon Nicklson received of John Bartall, sr., of Marblhed mer- 
chantable cod fish, which was for deponent's use, due to him, Sept. 
2, 1664, from PhiHp Cromwell. Wit: Joseph Bondf and Elebth 
Bond.f 

William Lightfoote, aged about thirty-three years, deposed that 
he was present when his father-in-law, John Bartoll, reckoned with 
Mr. Phillip Cromwell, and accounts were balanced, except for six 
pieces of beef and concerning a cow, etc. Sworn, 23 : 4 : 1665, 
before Wm. Hathorne.j 

John Codner, aged about forty years, deposed that he was at 
Capt. Corwine's in Feb., last, to have an agreement between de- 
ponent's mother and Cromwell, etc. Sworn, 23 : 4 : 1665, before 
Wm. Hathorne.f 

John Peach, sr., deposed. Sworn in court. 

Salem, Apr. 14, 1665, John Bartle of Marblehead, is debtor, 
June 22, 1652: To balance, 81i. 3s.; pd. Thomas Cromwell, 2s.; 
more, 8s.; beefe, 3s. 9d.; 7 1-2 h. beefe, 2s. 5d.; 15 l-2h. beefe, 
5s. 2d.; lUi. beefe, 3s. 9d.; Turnips, 8s. 6d.; June, 1653, to Rich. 
Whitman, neck veale. Is. 8d. ; brest veale. Is. 2d. ; Jno. Devorix 
in fish, 21i. 9s. ; Walsingam Kilson in fish, 15s. ; 91i. beefe, 3s. ; beefe, 
Hi. 9s. 12d. ; Bullock's head, 3s. 6d. ; beefe. Hi. 8d. ; mutton, 3s. 
8d.; 1-4 beafe, 18s. 6d. ; 1-4 mutton, 5s.; 1 side Leather, Hi.; 
brest & neck mutton, 2s.; beefe, 8s. 6d.; shoulder mutton. Is.; 
beefe, 21i. 6s.; Bullock's tongue, Is. 6d. ; 1-4 mutton, 4s.; Robert 
Knights, Hi. 17s.; beafe and tongue, 3s. 6d.; beefe, mutton and 
beefe cheeke, 81i. 10s. 4d. ; beefe and tongue, 81i. 12s. 8d. Creditor: 
June, 1652. Capt. Corwine, 6H.; Rich. Gardner, 31i. 6s.; hyde 
33fi., 8s. 3d.; hyde, lis. 3d.; Capt. Corwine, 29n.; fish, 3h. 5s.; 
money, 3h. Copy made by Hillyard Veren,t cleric. 

t Autograph. 



258 SALEM QUARTERLY COURT [June 

William Basset, assignee of Joseph Armitage v. Samuell Bennett, 
sr. Withdrawn.* 

John Godfery, attorney of John Tod v. Will. Nicholls. Review 
of an action tried at Salem court 9th month last. Jury found no 
ground for action. f 

Robt. Leach was sworn constable for Manchester. 

John Peerce was sworn clerk of the train band for Gloster. 

Henry Silsby and Tho. Browne were sworn constables for Lyn. 

John Godfery V. John Todd. For employing him as his attorney 
the last Salem court to prosecute Will. Nicholls, and agreeing to 
save him harmless. Verdict, that if plaintiff's action was legal, 
they found for the plaintiff. The bench gave judgment in plain- 
tiff's favor, t 

*Writ, dated May 27, 1665, signed by John Fuller, § for the 
court, and served by Thomas Wheeler, § constable of Linn, by 
attachment of salt marsh. 

tWrit, dated June 19, 1665, signed by Robert Lord,§ for the 
court, and served by Robert Lord,! marshal of Ipswich, by attach- 
ment of the meadow. 

John Nichols, aged about twenty-four years, Leddyah Nichols, 
aged about twenty years, Hannah Nichols, aged about eighteen 
years, and Isack Burton, aged about eighteen years, deposed that 
Wm. Nichols tendered his pay in corn, cattle and swine, and God- 
fery refused it. Sworn in court. 

Letter of John Todd,§ dated Rowley, June 1, 1664, to Goodman 
Nickols, his loving friend, requesting him to pay 50s. to John God- 
frey, with interest. 

WiUiam Nichols' bill of costs. 

John Ramenton, jr., testified. Sworn in court. 

Copies of depositions of John Kittching and Robert Lord, mar- 
shal, taken in court 1 : 10 : 1664, made by Hillyard Veren,§ cleric. 

John Remengton deposed that John Godfry hired him to go 
with him to William Nichols of Salem and they talked from sun- 
set until the sun was an hour high in the morning, etc. Sworn, 
23 : 4 : 1665, before Simon Bradstreete.§ 

JWrit, dated June 16, 1665, signed by Daniel Denison,§ for the 
court, and served by Robert Lord,§ marshal. 

John Godfryes bill of costs, 2li. 5s., and his charges in Nichols' 
action, 41i. 6d. 

John Remintun testified that Tod charged Godfree to take 
nothing of Nickkeles but pork, bacon and wheat. Sworn in court. 

Summons, dated June 26, 1665, to Hanah NicoUs and Thomas 
Wilkins, as witnesses, signed by Robert Lord,§ for the court. 

§Autograph. 



1665] RECORDS AND FILES 259 

Zacheus Goold v. Richard Swan, constable of Rowly. Review 
of an action tried at the last Ipswich court. Verdict for defendant. 
Court did not accept the verdict.* 

Copy of letter of attorney made by Hillyard Veren,t cleric. 
*Writ, dated June 16, 1665, signed by Robert Lord,t for the 
court, and signed by Robert Lord,! marshal of Ipswich. 

John Pickat and Ezekel Northen deposed that Zacheus Gould 
and others bought land of Joseph Juat, late of Rowly, called Rowly 
Village land. Said Gould had one lot bounded by Fishing brook 
on the east and north to Andever line, and by the Governor's farm 
and Ipswich river on the south to a tree on the turn of the river 
and Price's meadow, and from there to the eight mile tree near 
Andover bounds, etc. Sworn, Apr. 3, 1662, before Daniel Deni- 
son.f 

Copies of writ to replevin Zacheus Gould, distrained by the 
constable of Rowley, the return of the constable, Isaack Estey, 
the records of Ipswich court in this action, receipt for Gould's 
country rates for 1664, and of the depositions of John Pickard and 
Ezekiell Northend taken 29 : 1 : 1664, all made by Robert Lord,t 
cleric. 

Jeremiah Elsworth and Richard Swan, deposed that there was 
a country rate ordered and Gould's land was included, etc. Copy 
made by Robert Lord,t cleric. 

Thomas Howlett of Ipswich deposed that, being desired by 
Rowley men, he helped lay out the three hundred acres that Mr. 
Paine bought of Capt. Patrick, the latter having received it from 
the General Court. Mr. Paine exchanged it with Rowley men, 
and this is the land upon which Zacheous Gould and John Gould 
now live. Copy made by Robert Lord,t cleric. 

Tho. Houlitt, sr., aged about sixty years, deposed that the five 
hundred acres in Mr. Endicoot's farm, with these three hundred 
acres of Gould's, he laid out, etc. Sworn in court. 

Mr. John Putman, aged about thirty-six years, and John Gould, 
aged about twenty-eight years, deposed that they saw the General 
Court order signed by Mr. Rason for Ensign Howlit and Corporall 
Gage, of Ipswich, and also the deed from Joseph Juit's executors 
to Zacheas Gould. Sworn in court. 

Copy of the General Court order, Sept. 3, 1643, signed by Ed- 
ward Rawson,t secry., granting to Ipswich inhabitants, who for 
more than two years had supported preaching there, the right to 
form a settlement, Mr. John Endecott, Mr. Bradstreet, Mr. Sy- 
monds, Mr. Whittingham, Mr. William Payne and Mr. Robert 
Payne to perform the same, etc. 

John Wiles, aged about forty-six years, deposed that about 
twenty-one years ago, etc., Gould's farm adjoined another farm 

t Autograph. 



260 SALEM QUARTERLY COURT [June 

Mr. Peeter Duncan v. Osmund Duch. Debt. Verdict for 
plaintiff.* 

Capt. Tho. Savage v. Mordecaie Craford. Verdict for plaintiff, 
possession of the house and land.f 

also granted Mr. Wm. Paine by the town of Ipswich, etc. Sworn 
in court. 

Willm. Howard, aged about fifty-six years, deposed that sixteen 
years ago Zacheas Gould possessed the house that he now lives in 
and the land which was often called Mr. Pattrick's farm. Also 
that Gould had paid toward the ministry at Topsfeild village for 
many years, etc. Sworn in court. 

*Writ, dated June 10, 1665, signed by Edmund Clarke,J for the 
court, and served by Thomas Millet, J constable of Gloucester, by 
attachment of defendant's fish on the rock at Goodman Elwell's 
stage. 

Peter Duncan's bill of charges, £19. 6s. 

Gloucester, Dec. 10, 1662, Osman Duch is Debtor: — Mar. 27, to 
balance, £7. 9s. 9d. ; Sept. 20, 1663, to 12 3-4 yds. osenbridge at 
22d. p., 10 1-4 yds. lockram, 19d. p. yd., 1-4 yd. yellow Tamy, 8d., 
1 yd. Blew linen, 3s. 4d., £2. 3s. 4d. ; Sept. 24, 7 3-4 yds. read Gotten 
at 4s. p. yrd., £1. lis.; Sept. 25, 2 1-2 yds. sarge, 16s. 3d.; Oct. 
20, 2 bushels wheate, 10s. ; sugar, Hi. 9s. ; Jno. Pearce for 1 hogge, 
£1. 15s.; Nov. 27, Thomas Millett, sr., for corn, £2. 15s.; 2 p. 
Shooes, lis.; 2 yds. Kersey, 17s.; Phillip Staynewood for Beefe, 
£3. 7s. ; 1 pecke pease, Is. ; Nov. 28, 1-2 bushell pease, 2s. ; 1 bush, 
wheate, 5s.; corne, 8s.; Nov. 29, Jno. Gidney payd for you, £4. 
16s. 8d.; Gotten & wine and canvas, 5s. ; Jeff ery Parsons, £13. 6s. ; 

1 bush, wheate & 1 yd. Gotten, 9s. ; Dec. 9, wine. Is. 4d. ; Dec. 12, 
Bisquite, £1; 215 G. porke at 4d. p., £3. lis. 8d.; Dec. 28, 1 gaffe, 
6d.; Feb. 10, 4h. Gotten woole, 4s.; Hen. Muddle, £1.; Apr. 16, 

2 yd. sarg, 13s.; June 3, Bisquite, 5s.; wheat pd. the Constable, 
6s. lid.; June 6, 1 1-2 bushel pease, 6s.; wheat & malte, 2s. 6d.; 
total, £36. 7s. 2d. Duch is Creditor : — June 12, By 4 quentalls 
fish, £3. 4s.; Nov. 12, 5 Barrels mackrell, £6. 5s.; Nov. 12, 4 
Barrells more, £5; June 12, 1664, By Richard Eagres, £1. 10s.; 
1 quentall fish, 16s. 6d.; June 12, 1665, 1 quentall fish, 15s. 6d.; 
18 quentalls, £14. 17s.; By himself for balance, £36. 7s. 2d. Sworn 
by Mr. Peeter Duncan at Salem court before Hilly ard Veren,t 
cleric. 

fWrit, dated June 20, 1665, signed by John Fuller, t for the 
court, and served by Nehemiah Jewett,t deputy marshal to Sam- 
uell Archard,J marshal of Salem, by attachment of the house and 
land of defendant, and the apparel of two of his daughters. 

Letter, dated Boston, Mar. 20, 1664-5, from Thomas SavageJ to 
Mordica Gravet, requesting Gravet to vacate the house and ground 
he was occupying, and appointing Mr. Oliver Purchas his attorney. 
{Autograph. 



1665] RECORDS AND FILES 261 

Capt. Tho. Savage v. John Tapley. Verdict for plaintiff, pos- 
session of the house and land.* 

Mr. Henry Bartholmew v. William NichoUs. Debt. Verdict 

for plaintiff.f 

Cristopher Lattamore v. Cristopher Labbatt. Debt. For the 
hire of a stage the last winter voyage. Verdict for defendant, t 



On Mar. 23, 1664-5, this letter was read to Mordecay Cravet's 
wife and she refused to give possession, her husband being not at 
home. Wit: William Woodcocke§ and Samuell Archard.§ 

Tho. Savage's bill of costs, lU. 6s. 

Copies of execution, assignment and return made by Hillyard 
Veren,§ cleric. 

Report of the auditors, Walter Price, § Edmund Batter§ and 
Henry Bartholmew. § Edith Crevet mentioned. 

Mordica (his mark) Cravet of Salem, on Aug. 6, 1663, agreed 
with James Braiding, merchant, to go in the bark Content, Thomas 
Savage, sr., owner, to Montenicus, take in fish and return to 
Marblehead. Braiding was to pay 7U. 15s. per month for the 
vessel and the same amount for the men and victuals, the hire of 
the vessel to be paid to said Savage and the remainder to said 
Cravet, the voyage to end at Boston. Braiding was also to go 
into any other EngUsh fishing port if he chose. Wit: Thomas 
Savage, jr.,§ and John (his mark) Green. 

Thomas Savage, aged about twenty-five years, deposed that he 
asked Creford why he did not show his father's receipts which he 
gave him for the fish, and he replied that he had them in his pocket, 
etc. Sworn, June 26, 1661, before Jer. Houchin,§ comissr. Copy 
made by Jer. Houchin.§ 

*Writ: Capt. Thomas Savage of Boston v. John Tapley; for 
dwelling upon and possessing and using a house and lands of said 
Savage, obtained by judgment of the Salem court, without any 
contract or agreement; dated 20 : 4 : 1665, signed by John Fuller,§ 
for the court; and served by Nehemiah Jewett,§ deputy for Sam- 
uell Archard,§ marshal of Salem. 

Tho. Savage's bill of costs. Hi. 6s. 

fWrit, dated June 3, 1665, signed by Hillyard Veren,§ for the 
court. 

Henry Bartholmew's bill of cost, lU. 3s. 4d. 

WiUiam (his mark) Nicolls of Topsfeild, on 1 : 10 : 1664, ac- 
knowledged a debt of nine pounds to Henry Bartholmew of Salem. 
Wit: Samuel Archard.§ 

tSamuell Morgin, aged about twenty-eight years, deposed that 
he heard Mr. Lattimor say, when talking with Cristover Lapitt 
about stage room, flake room and a mooring place, that he had 



§ Autograph. 



262 SALEM QUARTERLY COURT [June 

William Hamon v. Tristrom Elford. Debt. Verdict for plain- 
tiff.* 

Robt. Knight v. Mr. John Gifford. Debt. For building a 
furnace fit to go and for building a dwelling house. Withdrawn.! 

Court appointed Capt. Walter Price, Mr. Henry Bartholmew 
and Mr. Edmond Batter to audit the accounts between Capt. Tho. 
Savage and Mordecaie Craford from the time of the mortgage of 



promised Lapitt the mooring place that Henerie Rusell's boat was 
moored upon, but now he would not meddle, etc. Sworn in court. 

Henry Russell, aged twenty-four years, deposed that the moor- 
ing place in Mr. Lattamore's cove, etc. Sworn, 24 : 4 : 1665, 
before Wm. Hathorne.J 

John Codner, aged about forty years, deposed that he saw Cristo- 
pher Lopit's shallop at the mooring place with Henerie Rusell's 
boat a day and a night, and if they had continued, they would 
have damaged one another, etc. Sworn in court. 

Robert Pattey, aged about twenty-three or four years, deposed 
that Christopher Labet asked him at John Stase's house at the 
beginning of the last winter voyage, where he intended to fish, etc. 
Labet said they would be all "Hedders" at Mr. Lattemer's stage 
except himself. Deponent said that he would split his own fish, 
etc. Labet also told deponent that he would pitch his flakes next 
Lattemer's dwelling house by the water side, and he brought brush 
upon which to make his fish, and one of his crew, Richard AVoods, 
told Elles Endell and deponent that Labet was to pay four pounds 
for the hire of the stage for the season, etc. Sworn, 26 : 4 : 1665, 
before Wm. Hathorne.J 

Samuell Ward, aged about twenty-seven years, deposed. Sworn 

in court. 

John Burd, aged about thirty years, deposed. Sworn m court. 

Lattamore's bill of cost, Ih. 6d. 

Walter Mongey, aged about thirty years, deposed. Sworn m 
court. 

*Writ, dated June 8, 1665, signed by Edmund Clarke,! for the 
court, and served by Thomas Millet, J constable of Gloster. 

William Hamons' bill of cost. Hi. 2s. 6d. 

Agreement, dated Gloster, 17 : 9 : 1664, between William (his 
mark) Hamond and Trostrom (his mark) Elford, the former bind- 
ing himself to go to sea for said Elford, with Thomas Very, his fore- 
shipman to catch fish until the last of April, receiving five pounds 
sterling in dry fish at Goodman Ellwell's stage, and to receive forty 
shillings more in dry fish for two barrels of mackerel received of 
Hamond, etc. Wit: William Sargant.J Sworn to by said Sar- 
gent, 29 : 4 : 1665, before Hillyard Veren,J cleric. 

tWrit, dated June 17, 1665. 

t Autograph. 



1665] RECORDS AND FILES 263 

said Craford's house and land to Savage until the prosecution of 
the action, and to make return as soon as possible. 

William Beale v. William Norman. Breach of covenant. With- 
drawn.* 

Robt. Knights acknowledged judgment to Mr. John Hathorne 
to be paid in specie.f 

William Norman acknowledged judgment to William Beale, his 
master, and for running away from his master was sentenced to be 
whipped ten stripes, and to return to said Beale. 

Andrew Tucker and Mathew Price were discharged of their bond. 

Andrew Tucker, administrator of the estate of Nicholas Tucker, 
deceased, was bound to bring in a perfected inventory to court to 
be held in June, 1666, in Salem. 

Peter Duncan was sworn constable for Gloster. 

Mr. John Hathorne, Mr. Ruck, Benjamin Parmiter and WiUiam 
Edmonds had their licenses renewed. 

Mr. Oliver Purchass, Mr. Tho. Laughton and Ensign Fuller 
were sworn commissioners to end small causes in Lynn. 

Tho. Lyon, complained of for going into the house of Edward 
Wharton on the Lord's day, taking and carrying away 21s. in money 
appeared before the court and confessed. He was sentenced to 
pay three fold and to be severely whipped ten stripes. t 

Mr. Thaddeus Riddan had his license renewed to retail strong 
waters out of doors, obtained by the motion of Mr. Ralph King. 

John Dodge of Bass river was fined for absence from the grand 
jury. 

Court deferred acceptance of the verdict in the action between 
Mrs. Mary Rogers of Rowly, executrix of Mr. Eze. Rogers, de- 
ceased, and Mr. Ezekiell Rogers of Ipswich, until the next Ipswich 
court. 

*Writ: William Beale of Marblehead v. William Norman; breach 
of covenant; dated May 3, 1665; signed by John Carleton,§ for the 
court; and served by William Beale, § deputy to Abraham Drake, § 
marshal of Hampton, who committed said Norman to prison at 
Ipswich. 

Bill of charges, 7s. 6d. 

tRobart Knight,§ on Dec. 23, 1663, ordered Mr. John Jeffard 
to pay 7h. 10s. in silver to John Hathorne. Wit: Richard Hood§ 
and John Hathorne, jr.§ 

JThomas Lyon's bill of charges, 6s. 

§ Autograph. 



264 SALEM QUARTERLY COURT [June 

Mr. Robert Paine, treasurer of this county, and the marshal of 
Salem, made up their accounts, there being 75h. 16s. 7d. due to 
said marshal. 

An inventory* of the estate of John Coleman was presented to 
this court by Mr. Peeter Duncan and allowed, and said Duncan 
was appointed administrator. 

Hillyard Veren, one of the executors of the will of Capt. Nathanll. 
Veren, deceased, presented an inventory amounting to 691i. 5s. 

John Smith was sentenced to be severely whipped for going into 
the house of John Glover one morning, and for his uncivil carriages 
toward said Glover's wife.f 

By agreement all actions between Will. Nicholls and Jon. God- 
fery were ended by payment of 20s. in Indian corn at the next 
harvest, by said Nicholls to Hillyard Veren. 

John Upton, alias Ribton, having been bound for appearance at 
this court by the worshipfuU Major William Hathorne, to answer 
a complaint for being an abettor of one Henry Spencer, a runaway, 
and for concealing stolen clothes, and consenting to be tried by 
a jury, was found not guilty. Court did not accept this verdict. t 

*Inventory of the estate of Jno. Colman, deceased, was taken 
by Peter Duncan :§ In Cloathes which the Selectmen Prised at 
£4. lis.; 2 quentalls of fish, £1. lis.; 5 quentalls of refuse fish, 
£2. 10s.; total, £8. 12s. Account of what he owed: To Peter 
Duncan, £6. 13s. 7d. ; administrator's services, 10s.; stage room 
for making his fish, 6s. 8d.; total £7. 10s. 3d. Other debts: To 
Jno. Collens, sr., £3. 12s.; Will. Cannon, £1. 4s.; Will. Sargent, 
5s.; total, £5. Is. 

fSummons, dated 30 : 6 : 1664, signed by Wm. Hathorne, § for 
the court. 

Bill of charges, for whipping John Smith, 2s., etc., 5U. 15s. 

Mary, wife of John Glover, deposed that John Smith came in 
through three doors, the outermost being bolted and the other two 
latched, the noise awaking her, etc. Erne Knight, the girl who 
was with Goody Glover at the time, deposed that Smith asked her 
in the morning if her brother Glover were at home and she told 
him no. Sworn in court. 

John Guppy deposed. Sworn in court. 

JSummons, dated 12 : 4 : 1665, to John Upton, signed by Wm. 
Hathorne, § for the court, and addressed to George Ropes, con- 
stable. 

Henerie Spenscer§ acknowledged that upon Mar. 6, last, he 
stayed all night at John Ripton's house, and the next day he went 

§ Autograph. 



1665] RECORDS AND FILES 265 

Obadiah Antrum, late of Salem, having embarked upon a voyage 
about a year ago, intending to go to Nevis, since which time neither 
he nor the vessel he went in had been heard from, whereupon it 
was supposed that he was lost, and whereas said Antrum had a 
considerable estate in this country, part of which would be sub- 
jected to loss if some care be not given it, court ordered that Mr. 
Edmond Batter of Salem and Mr. John Baker of Ipswich take the 
estate into their hands, said Antrum having left no one with power 
to dispose of it, for the benefit of Antrum if he be living, or his wife 
or relatives, if he be dead. 

William Beale assigned his interest in one William Norman, his 
servant, to Capt. Tho. Savage, said Norman freely assenting there- 
to, and the court allowed it. 

Joseph Bowed and Cristopher Lattamore had their former 
licenses renewed. 

Court ordered that lOli. due toward the 201i. granted the town 
of Salem toward mending the causeway at the end of the town west- 
ward, be allowed out of the next county rate. 

toward Wenham, intending to go eastward, but hearing of the hue 
and cry that was out for him, he returned to Ripton's and told 
him that he had run away from his master. That night he sat 
down at Ripton's fireside and made a pair of linen breeches, which 
he put on the next morning, putting those he had worn with the 
rest of the pack, and Ripton started him on the way to Andevour. 
Sworn, June 27, 1665, before Jer. Houchin,* commissioner. 

Thomas Chandler, aged about thirty-seven years, deposed that 
one John Boyd came to his house last February, being meanly 
clothed, and when deponent asked him if he had no better clothing, 
he said he had at John Ripton's house. Deponent saw the latter 
at Thomas Marshall's farm, and asked him if he knew this Scotch- 
man, and Ripton replied that he happened to meet him at Salem, 
and being his countryman, brought him to his house and enter- 
tained him. Later deponent learned that his right name was Hen. 
Spencer, not Boyd. Sworn, 26 : 4 : 1665, before Simon Brad- 
streete.* 

Thomas Jonson, aged about thirty years, deposed that Spencer 
came first to his house ragged, and the next time dressed like a 
gentleman, etc. Sworn, 26 : 4 : 1665, before Simon Bradstreete.* 

James Heg, aged about fifty-four years, deposed that the man 
who came to John Upton's house said he was a seaman and that 
he came from Scotland four years since, etc. Sworn in court. 

Henry Spencer acknowledged that he left a coat, a rapier and 
belt, a piece of serge, a pewter bottle, a pair of breeches, a band 

*Autograph. 



266 SALEM QUARTERLY COURT [June 

Court ordered that Major William Hathorne hear and end all 
the presentments brought into this court, except the Quaker's fines. 

Liddea French, having been bound over to this court by the Wor- 
shipfull Major Will. Hathorne, to answer for uncleanness, she and 
her father, Tho. Chubb, were released from their bonds, and she 
was to be bound to appear at the next Court of Assistants, or else 
be committed to goal. 

John Pemerton was fined for breach of the peace.* 

Willf and inventory of Richard Window, late deceased, was 
proved and allowed. 

and a pair of shoes in his pack for John Ripton to take care of, etc. 
Sworn, Apr. 28, 1665, in Ipswich court. 

Thomas Johnson, constable of Andover, deposed that Ripton 
told him that there was in Spencer's pack, two Bibles, a pair of 
French fall shoes, etc., and that Spencer also went to Ed. Hutch- 
ingson's house, etc. Sworn, Apr. 28, 1665, in Ipswich court. 

James Hage, aged fifty-five years, deposed that he found, about 
"six stone's throw" from Upton's house as he sat down to rest 
after a search for a mare in the woods, something which pricked 
his heel, and looking down saw a rapier, etc. He notified 
Goodman Marshall and his son, etc. Sworn in court. 

Theophilus Willson deposed that when Henry Spencer was in 
Ipswich prison, he told deponent that he left the pack that he 
brought from his master Mounford, etc. Sworn, Apr. 28, 1665, 
in Ipswich court. 

*Bill of charges. Is. 6d. 

fWill of Richard Window of Gloster, dated May 2, 1665; and 
proved by Jacob Davies and Isaack Steevens: "I macke my 
dafter Ann my tru and laful aire : and Soule Exsectetrecks and by 
this presenc do giue unto her my housses and lands and al my Right 
appearing in the Same towne and County a boue Saide: or whear 
so Euer Elce. And unto Rich goding : do I giue the Sowrd and 
belt that he traineth with and also one pound ten Shillings to be 
paid out of the Estat. And to Antany Bennet my Suninlaw do I 
giue one grat bibel which was his father's with al my working 
towls : and al my waring cloaths : and three yards of new Cersi 
in my Chest and one musket : and one heafer Cauef : I giue unto 
Elessebeth Bennet my Dafterinlaw one Cheast with a frog lock : 
and to Jacob Danes do I give my fouling peace and Shot moulds. 
And unto Breget my wife do I giue al her wearing Cloathes : and 
onee bead one rug and bolster which She brought with her : and 
one lorn pot : and one bras pot : whith al other things that are 
left : which She brought with her : of her houssal Stuf : and also 
one third par of the Rent of the housses and lands to be yearly 
paid to her. 



16G5] RECORDS AND FILES 267 

Inventory of the estate of John Slather, deceased, was presented 
by Eliza, his wife, who with Capt. George Corwin, were appointed 
administrators of the estate. An inventory* amounting to 501i. 
15s. 6d. was allowed. 

And Conserning James trauis : thirty pounds which the Hon- 
nored Court was plesed to aloue him out of his fathers inheritanc 
which lis in Necheles waringtans hands which is his portion. And 
Antany Bennit do I leue and Commit into the hands of his unkel 
benit if he pleas to exsept of him : and if not I Commit him to the. 
Cair of my ouerseers. And if my Dafter ann do dy without an 
Aire : borne of her one body and lawfully begotten then do I giue 
her pour to mack an air whomme she will or to dispose of it to 
houm she pleseth. And I do apoynt william hasskel senior and 
James Steuens and Jacob Daues of gloster to be her ouerseers : 
and do giue them ful pour to ordar and dispos of her as if I my Self 
wear present : and to bring hir up in the fear of god : and also do 
giue them ful pour to ordor and dispos of the Estat to her best 
aduantage." Richard Windowe.f Wit: Jacob Davis,t Isaac 
Stevens,t Richard (his mark) Coding and Elessebeth (her mark) 
Daves. 

Inventory of the estate of Richard Windo of Glostar, taken 
9:4: 1665, by John Daves, Philep Stainwod and William Sargant: 
His housing and Lands, upland and marsh, 12011.; one yoke of 
oxon, 15h.; three Cows, 14h.; one bule & one steare, 71i. 10s.; 2 
steares, 5h.; one haifer, IH. 10s.; 2 Calves, Hi. 5s.; one mare, 6h.; 
one mare, 5h.; one hors, 51i.; swin, 21i. 10s.; Carpenturs Toles,, 
21i. ; one Bible, 12s.; one bible, 8s.; one Chain, 8s.; one fouling 
peces and'shott molds. Hi. ; one ax, 3s.; one Fether bed and bolster 
two ruggs, one blancut, 51i. ; Goody Windos bed and beding given, 
by will, 3h.; Goody Windos housold stof given by will, 21i. 13s.; 
two bras kittells, 21i. 5s.; three yards of Carsy, Hi. 4s.; one yard 
of sarge, 6s. ; one Iron pott, 10s. ; one warming pan, 8s. ; one puter 
platter, a bason, a bottel, 2 dram Cups, 7s. 6d.; two bras skilats, 
8s. 9d.; one pare of briches, 10s.; a pare of trukes and tombrell 
and sled, 10s.; one plow with the lorns, 7s.; one spade, 2s.; one 
pich Forke, 2s. ; two old hoes, an old sith, 5s. ; one grining ston, 2s. 
6d. ; one draft yoke, 6s.; one hatt, 10s.; one hatt, Ih. 10s.; one 
yard Carsy, 6s.; smal remnant of Cloth, 2s.; a Compas dial, 4s. 
6d.; one wascott, 16s.; one bottell,_^ls.; one put. pot, 2s.; two 
old Chestes, 7s.; one sord, 12s.; three lorn weges, 5s.; one Conew, 
15s.; one Conew, 13s.; total, 21 Hi. 19s. 6d. 

*Inventory of the estate of John Slater, jr., lately deceased, 
taken May 18, 1665, by Wlllm. Pitt,t John Peachf and John (his 
mark) Codner : Brasse Pott, 6s.; Iron Pott, 4s.; fouer Pewter 
platters, 10s. ; Three peuter plats, 3s. ; three latten things, 2s. ; a 

t Autograph. 



268 SALEM QUARTERLY COURT [June 

Inventory* of the estate of Jonathan Witt, presented by the 
reUct of said Witt, was allowed. 

Samuell Smale, having but one eye, was freed from common 
training.! 

Giles Lee was fined for being drunk, t 

Servants of the house were allowed 7s. 

Rebecca Armitage, having been bound to this court by Maj. 
Will. Hathorne for uncleanness, having a son born out of wedlock, 



smal fouling peese, 14s.; a looking glasse, 4s.; a Jacot, breeches, 
wastcoat & 2 pare stockins, Hi. 10s.; new Hatt, 12s.; Ould boots 
& shoose, 2s.; Bed, bolster, two blankets and a bed coverled & a 
pare sheets, 41i. ; pare potthooks. Is. ; an ould shirt, Is. ; one chest, 
1 box & other lomber, 16s. ; a gridiern, & 1 pot Crooke, Is. 6d. ; a 
Bedsteed, 10s. ; the dwelling house & garden, 401i. ; too Swine, 13s. ; 
atabelbord, small, 5s.; too pickters. Is.; total, 50H. 15s. 

*Inventory of the estate of Jonathan Witt of Lyn, taken 30 : 11 : 

1664, by Oliver Purchis§ and Thomas (his mark) , and proved 

by Mary Witt, the widow: At the dwelling house of John Witt, 
his father, 5 Augors, 2 Chizzels, 1 Broad Axe, 4 playnes, stocks & 
Irons, 1 Brest wimble, stock without Iron, 2 pistols & 2 Holsters, 
1 Crupner, 1 Brestplate, 1 Saddle with stirrups & 1 double girt, 
1 square & a chalke lyne, 31i. 12s. 6d. His Clothes & wearing geers, 
Linnen, 7 Bands & 1 shirt, 16s. ; 1 Great Coat, 1 short Coat & 1 
Dublett & breeches as his best Coat, 81i. ; 1 Searge Jockett, 1 short 
Coat of Cloth & breeches, 3H. ; 1 Red Coat, 1 pr. of Red breeches, 
1 pr. of Linnen drawers, 1 pr. Cotton drawers, 1 short Coat worne. 
Hi. 10s.; 3 Hatts, 16s.; 2 pr. of stockings & 1 pr. of Gloves, 9s.; 
1 pr. Bootes, 2 pr. of shooes, all worne, old, 12s. ; 1 Rapier or sword 
& belt, 12s. At Jno. Floid's house, 1 Addes, 2s. At John Divann 
house, 2 Holster straps & a small broken Goodge, lOd. ; Be^ticke's 
in a bed & Bolster & 3 pillowes, 31i. ; a flock bed & Bolster with a 
rugg & 2 Blankets, 31i. lOs. ; one payre of sheetes. Hi.; one white 
skarfe, 5s.; one pewter platter, 10s.; an old pillion, 5s.; about 
201i. of leafe Tobacco, 6s.; Butter & a firkin. Us. 6d.; Beefe in a 
barrell, ye quantity of a quarter. 111.; 1 doz. of Trenchers, Is.; 1 
Cow bell. Is.; 1 Long playne, stock & Iron, Is. 6d. At his new 
house, ye house itself, 141i.; 16 bu. by estimation of Ind. in ears 
& Trace, 31i. 8s. ; land the house standeth upon, 51i. ; the Hay, 2 
li.; A sow & 4 pigs, very poore & small. Hi. In Rumney marrish, 
a small Cock of Hay, 10s. ; total, 541i. 19s. — . The inventory did 
not include the land which his father Divan promised him before 
his marriage, which was then in said Divan's hands. 

fPetition of Samuell Smale. 

|Wit : Thomas Oliver and Humphry Woodbery. 

§Autograph. 



1665] RECORDS AND FILES 269 

was sentenced to be whipped or pay a fine. Joseph Armitag bound 
to discharge the town of Lyn of the child. 

Fined by Major WiUiam Hathorne since 9 mo : 1664: — 

Zachariah Herreck, for breach of the peace in striking Nicholas 
Decaine many blows on the highway. 

On 6 : 1 : 1665, Richard Richards, for stealing corn and putting 
it into a bag of his own. 

On 2 mo : 1665, Nicholas Bartlett, for breach of the peace in 
striking Jon. Lambert. 

On 5 : 4 : 1665, Milmay Tarry was set by the heels for being 
drunk and for threatening the constable to run him through with 
a spit, and striking him and others was sentenced to be whipped. 

Jon. Whiffin, for railing and abusive speeches to Rebeccah Blith. 

Allester Grimes, for working at the hoe on the Lord's day, was 
fined or to be whipped.* 

William Smith, for being disguished with drink. f 

Mathew Woodwell, for being drunk, by evidence of Wm. Lord 
and Jon. Neale.J 

Gregory Forde, for drunkenness. Mr. Brown promised to pay 
it.§ 

Andrew Moss, for not coming to the public ordinances and for 
swearing by the name of God.|| 



*Bill of charges, 9s. 2d. 

John Keiser, aged fourteen years, William Pitman, aged about 
fifteen years, and Elyah Keser, aged eighteen years, deposed that 
they saw him in the south field hoeing corn, and when he saw them 
he dropped his hoe and molded the earth with his hands. 

fHe was a sawyer by occupation. Wit : Thomas Rix and Gorg 
Deane. 

JWilham Lord, jr.,*[[ and John Neale, jr.,^ deposed that they 
were in Mr. Emere's orchard looking for cows and hearing a noise 
like a drunken man, they leaned upon the rails next the street and 
saw W^oodwell come from Mr. Emere's house held up by two men. 
When the men let go their hold, he fell to the ground and could not 
rise, etc. 

§Wit : Cristifer Babridge and the wife of Edward Woulling. 

1 1 He was of Marblehead. 

John Walldron, aged about forty years, and Erasomus James, 
aged about thirty years, deposed, June 24, 1665, that when Ambros 
Gall demanded the minister's rate of Anderaw Mose, the latter 
refused to pay it, sajnng that he had never heard the minister 

^[Autograph. 



270 IPSWICH QUARTERLY COURT [Sept. 

John Bourten, for swearing. Paid to Mr. Gidney, witness fees.* 
Jon. Leach, for not keeping scales and weights at his mill accord- 
ing to law, was ordered to have them within one month. f 

Mathew Woodwell, for abusing the constable who came to keep 
the peace, threatening that he would kill others and shooting two 
guns in the night, was committed to Ipswich goal, and bound to 
keep the peace until the next Salem court. 



Court held at Ipswich, Sept. 26, 1665. 

Judges: Mr. Symon Bradstreet, Mr. Samuell Symonds, Major 
Genii. Denison and Major Wm. Hathorne. 

Grand jury: George Gidding, Thomas Bishop, Thomas Hart, 
John Dane, Renold Foster, Rich. Brabrooke, John Poore, Rich. 
Pittingall, William Acie, James Barker, Jerimiah Elsworth, Isaack 
•Comings and Marke Graves. 

Jury of trials: James Chute, John Perkings, Jerimiah Bellcher, 
Henry Bennet, Tho. French, jr., Abra. Tappan, Will. Ilsly, Will. 
Morse, John Tod, John Gage, Robert Haseltine and Daniell Hovey 

Daniell Borman v. Thomas Borman. For detaining a writing 
of conveyance of house and land. The parties agreed. | 

preach but once, his reason being that he had a book, which would 
do him more good. 

*Wit : Mr. Moses Maverecke and Thomas Roase. 

Presentments, dated 28 : 4 : 1665, signed by Henery Skerry§ 
in the name of the rest: — 

The Quakers, who were presented at the last court, except Rob- 
€rd Willson. 

List of small crimes judged by Wm. Hathorne,§ since 9 mo: 1664. 

fWit : Hen. Herick and John Dodg. 

IRichard Hutchinson and Nathaniel Puttman deposed that they 
were at Tho. Bourman's house at Ipswitch about a year past and 
said Bourman agreed that if his son Daniel married the daughter 
of said Hutchinson, Mr. Bourman would give a deed to his son for 
one-half of his dwelUng house, orchard, land, etc., upon condition 
that if Daniel died before his father, without issue, Hannah, the 
wife of said Daniel was to be paid lOOli. jointure and the whole 
estate to be at said Thomas' disposal. That after the decease of 
Mr. Thomas Bourman and his now wife, Daniel received the other 
half with the proviso that he have liberty to dispose of 20011. in 
way of legacy. Also that Mr. Bourman built a new house and 

§ Autograph. 



1665] RECORDS AND FILES 271 

Mr. John Paine v. Edward Lomas. Replevin. For detaining 
his hogs in the pound. Verdict for plaintiff. Court did not accept 
the verdict.* 



gave Daniel his choice of that or the old one to live in. Sworn, 
27 : 9 : 1663, before Wm. Hathorne.f 

Deed, Feb. 26, 1661, Thomas Bornum to Daniell Bornum. In 
case Daniell should die, Thomas Bornum's wife, Marget, should 
enjoy one half of the estate after said Thomas' decease, and if 
Daniel outlived his father and wished to dispose of the farm, he 
should give his brother Thomas the refusal, etc. Wit: Richard 
Hutchinson and Nathaniel Putnam. Copy. Recorded in the 
second book of records for land at Ipswich, folio 177 and 178, by 
Robert Lord,t recdr. 

*Writ of replevin, dated Sept. 1, 1665, signed by Daniel Denison,t 
for the court, and served by Theophilus Wilson,t constable of 
Ipswich. 

At a town meeting, Feb. 8, 1658, it was voted to give hberty to 
the selectmen to let out some other parcels of land for hay seed 
as they shall think meet for the good of the town's commons. Copy 
made Sept. 27, 1665, before Robert Lord,t cleric. 

At a selectmen's meeting, Jan. 31, 1660, Georg Farrow, Phillip 
Call, Tho. French, Anthony Potter, Edward (his mark) Lomas, 
Jerimiah Belcher, William Norton and John Caldwell were granted 
liberty to clear and break up a parcel of land at Scott's hill to have 
two acres each for six years upon condition that they sow four 
bushels of good hay seed on every acre, to keep up the fence a year 
so that the English grass should get head, the hay seed to be sown 
with the last crop. Copy made Feb. 27, 1665, by Robert Lord,t 
cleric. 

John Payne's bill of cost, IH. Is. 6d. 

Capt. John Appleton deposed that Paine and Lummas agreed 
at deponent's house that Paine should pay one half of the damage, 
etc. Sworn before Daniel Denison.f 

William Adams, aged about fifteen years, deposed. Sworn in 
court. 

Thomas French, sr., deposed. Sworn in court. 

Robert Day and Edward Chapman deposed that they, as over- 
seers of the common fence, found the fence in several places at 
Scot's hill insufficient, etc. Sworn in court. 

John Appleton and John Whipple, jr., deposed that they ap- 
praised the damage in Edward Lummas' corn, etc. Sworn in 
court. 

John Gage and Henry Bennett deposed that they found green 
boughs laid upon the fence near the bars, which was a foot way 
and not sufficient to keep out hogs, etc. Sworn in court. 

t Autograph. 



272 IPSWICH QUARTERLY COURT [Sept. 

Mr. Rich. Dummer v. John Hutchens. Debt. Defendant 
acknowledged judgment to plaintiff. 

Edward Harreden v. James Steevens. Trespass. Withdrawn. 

Tho. Millett v. Thomas Bishop. Trespass. Withdrawn. 

Elias White v. Rich. Downeing. Slander. Verdict for defend- 
ant.* 

John Newman v. Will. Whittred. Verdict for plaintiff, to have 
the two cows, etc.f 

Tho. Bishop, assignee of Capt. George Corwin v. Hugh Sherrat 
and Elizabeth, his wife, administratrix of the estate of Humphry- 
Griffin. Debt. Special verdict found. Judgment for plaintiff. 
Appealed to Court of Assistants. John Griffen, attorney to Hugh 
Sherrat, and Stephen Webster bound. | 



Nathll. Saltonstall deposed that he was at Mr. John Paine's 
house on Aug. 30, 1665, etc. Sworn in court. 

Daniel Warner§ and Simon Stace§ appraised the damage, etc. 
Sworn in court. 

*Writ, dated July 15, 1665, signed by Moses Mavericke,§ for 
the court, and served by John Codnar,§ constable of Marblehead. 
Richard (his mark) Downing and John Devrix§ bound. 

Richard (his mark) Downing, fisherman, of Marblehead, on 
Sept. 25, 1665, appointed his loving friend, John Devorex of Mar- 
blehead, his attorney. Wit : Joseph Bonde§ and Anthony (his 
mark) Williames. 

John Waldron, aged about forty years, and Dorithy, his wife, 
aged about thirty years, deposed. Sworn, 25 : 7 : 1665, before 
Wm. Hathorne.§ 

fWrit, dated Sept. 14, 1665, signed by Robert Lord,§ for the 
court, and served by Robert Lord,§ marshal of Ipswich. 

William White and wife Katherine deposed concerning the bar- 
gain about the cows, etc. Sworn in court. 

John Morsse deposed that he was at work at John Newman's 
when Goodman Whiteridg brought a couple of cows from his farm, 
etc. Sworn, Oct. 31, 1664, before Samuel Symonds.§ 

JWrit, dated Sept. 18, 1665, signed by Robert Lord,§ for the 
court, and signed by George Browne, § constable of Haverill. 

John Griffin's bill of cost, 12s. 

Thomas Bishop's bill of costs. Hi. 6s. 4d. 

Letter of attorney, dated Sept. 22, 1665, from Hugh (his mark) 
Sherratt and Elizabeth (her mark) Sherratt, both of Haverill, to 
their son, John Griffing of Haverill. Wit: John Severance^ and 
Thomas Wasse.§ 

§ Autograph. 



1665] RECORDS AND FILES 273 

John Wiate V. Enock Greenleefe. Debt. Verdict for plaintiff.* 

Edmond Bridges v. Edward Richards. Debt. Of 48s. in bar 
iron. Verdict for plaintiff.f 

William Dodge acknowledged judgment to Capt. Walter Price 
for a debt of John Balch, deceased, said Dodge's wife being execu- 
trix of the estate of said Balch. 

Walter Fairefield was fined, upon complaint of Richard Coy, for 
his and his wife's abuse of said Coy's wife and children with blows 
and words, also for a pound breach. t 

Edward Richards declared in court before Mr. Wm. Perkins' 
face, that the latter being asked whither he was going, said to hell 
for aught he knew. Mr. Perkins appeared and denied the testi- 
mony, and was ordered to appear at the next Salem court. 

Hugh (his mark) Sherratt and Elizabeth (her mark) Sherratt 
were bound, Sept. 19, 1665, to appear at Ipswich court. Wit: 
Thomas Wasse.§ 

Capt. Georg Corwin deposed. Sworn in court. 

Jerimiah Belcher deposed that a little before Goodman Griffen 
died, he was with Capt. Corwine and Mr. Greffen at Mr. Baker's 
when said Griffen owned the debt and desired that he might pay 
in staves. Mr. Corwin bade him do so and send them to Boston 
to Goodman English, etc. Sworn in court. 

Verdict of the jury. 

*Enoch Grenleefe§ of Maiden, gentleman, Aug. 26, 1664, ac- 
knowledged a debt of lOli. to John Wyatt of Ipswich, yeoman, for 
a pair of steers, to be paid in wheat, malt and Indian corn at said 
Wyatt's now dwelling house in Ipswich. Wit : Willm. White§ 
and Katherine White. § 

tWrit, dated Sept. 7, 1665, served by John Fuller,§ for the court, 
and served by Thomas Browne, § constable of Lyn, by attachment 
of house and land of defendant. 

Edward (his mark) Richards of Lyn, on Nov. 29, 1663, agreed 
with Edmond Bridgis of Topsfeeld, for the exchange of a mare 
and horse, etc. Wit: Daniell Salmon§ and Margey (her mark) 
Salmon. Owned in court by defendant. 

Ralph King deposed that being at Mr. Gidney's in Salem, he and 
Edward Briges agreed that 43s. to be paid to Mr. John Payne 
at Boston would satisfy for the whole bill of bar iron due from 
Edward Richerdson. Sworn in court. 

Ed. Brigis bill of cost, Hi. 3s. 

JRichard Coye's bill of costs, 19s. 2d. 

Richard Cov, Goodwife Coy and son Richard testified that 
Walter Fairefield had threatened to beat Goodwife Coy. Sworn 
in court. 

§ Autograph. 



274 IPSWICH QUARTERLY COURT [Sept. 

William Neffe's bond for appearance, which was declared for- 
feited, was abated by this court. 

John Johnson brought in his daughter Hannah Hutcheson and 
was discharged of his bond for her good behavior and appearance. 
She was bound to the next Ipswich court, there to be severely- 
whipped, for lying, cursing and stealing.* 

Martha Coye deposed that she went to get Fairefield's cow out 
of their corn, etc. 

Thomas Fiske deposed that Fairefield acknowledged that he 
called Goodwife Coye and her children base dogs, which language 
is so usual with him that ''children are apt to speak it from him." 
Sworn in court. 

Martha Coye and Richard Coye, aged about fourteen and fifteen 
years, deposed that they found Fairfield's horse in their corn and 
brought him out and pounded him; but said Fairfield took the 
horse by force from Ipswich pound. Further Alexander Bravender 
said that Fairfield said he would pay damages, but she refused, 
and as it was the Sabbath day, he did not wish the horse to stand 
in pound. 

The wife of Thomas Fiske deposed, Oct. 5, 1665, that she heard 
a lamentable outcry at Richard Coye's house and ran over to see 
what was the matter, and on the way going by Walter Fairefield's 
door, she asked him and he said he marvelled as much as she. She 
found Goodwife Coye shaking and trembling, and a woman who 
lived at Goodman Fairefild's holding her head, etc. 

William Rayner deposed that he went with other neighbors 
when he heard the cries and saw Goodwife Coy's face swollen as 
if she had received blows. Sworn in court. 

The wife of William Rayner deposed that Fairefield came to their 
house, etc. 

Martha Coye deposed that she went from home and left her 
small children, the largest about eight years old. Two of them 
went up on the top of the house by the ladder that stood against 
it, and while they sat there, said Fairefield sent his boy to pull the 
ladder away so that they had to shp down to it. Fairefield told 
her that the reason he did it was because her children called to him 
"Come Jack!" 

*Marke Graves, aged about forty-five years, deposed that on 
10 : 6 : 1665, about an hour before sunset, Hanah Hutchinson 
came to his house, his daughter only being at home, and asked to 
borrow some strong liquor for the toothache. His daughter did 
not consent, and said Hanah told her that a cow of her father's 
was running away from their pasture, and she ran to tell her father 
who was at a neighbor's house not far off, leaving said Hanah in 
the room where there was a bottle of liquor. Deponent found 
that his cow was in the pasture and the bottle was nearly empty. 



1665] RECORDS AND FILES 275 

Tho. Dorman was released from training, paying what he pleased 
to the company. 

John Leigh, sr., was bound for his son Joseph's appearance at 
court after lecture, when he should be called. 

Samuell Ward of Marblehead had his license renewed for a year 
to sell strong water. 

John Trumble and Benjamin Scott, being allowed by the General 
Court, took the oath of freeman. 

James Travers chose Lift. John Pike as his guardian. 

Joseph Leigh was ordered to appear at court on the following 
day. 

John Leigh was fined for not prosecuting, after having appealed. 

The court did not accept the verdict in the action of Mr. Ezekiell 
Rogers V. Mrs. Mary Rogers, in the last Ipswich court. Ezekill 
Rogers' bill of costs, 3h. 12s. 6d., and Mrs. Mary Rogers' bill of 
costs, Ih. 13s. 

Joshua Buffam and Robert Willson, convicted for stealing two 
loads of hay and thatch from Mr. Edmond Batter, were ordered 
to pay treble damages, etc.* 

His wife said there was a quarter of a pint there, etc. Sworn, 
12 : 6 : 1665, before Simon Bradstreete.f 

Hanah Hutchinson said that the girl told her there was vinegar 
in the bottle, etc. Also that she would kill the child or herself, etc. 

John Johnson and Tho. Johnson, father and brother of Hanah 
Hutchinson, were bound for her appearance and to save the town 
of Andover harmless, etc. 

Hanah, wife of Tho. Chandler, deposed that Hanah Hutchinson 
being at her house washing her mother's clothes, she pretended to 
go home at noon, but before she could have reached half-way there, 
she returned and cried out that she had been so frightened for the 
mad woman had caught Goody Chandler's boy and nearly killed 
him, for Goody Parker's boy had told her so. Deponent ran, 
leaving her girl to tend her child, to Nathan Parker's, and asked 
where his boys were. His wife said that one was in the barn with 
her husband and the other in the house. Fearing she had made 
a mistake, deponent went to Goodwife Barker where she found 
her child well. Deponent returned and told Hanah she was a 
lying woman. Mary, wife of Steven Osgood, was there, and also 
Tho. Johnson's wife came in, etc. Sworn, 12 : 6 : 1665, before 
Simon Bradstreete.f 

♦Summons, dated 11:6: 1665, signed by Wm. Hathorne.f 

Nathaniel Felton certified, 26 : 7 : 1665, that he appraised for 
the marshal a piece of salt marsh that belonged to John SmytH. 
Wit : John (his mark) Suthwicke and John King.f 

t Autograph. 



276 IPSWICH QrARTERLT COURT [Sept. 

Robert Swan, complained of by Stephen Webster for stealing 
wheat, was ordered to pay treble damages.* 



Copy of the appraisal made by Nathaniell Felton and Nathaniell 
Pickman, 7:2: 1658, of the salt marsh of John Smith, at the lower 
end of his ten acre lot in the north neck and compassing round the 
cove, at six pounds. 

Rueben Guppy, aged about sixty years, deposed that he was 
employed by Edmund Batter to mow salt water grass in the marsh 
formerly of John Smith, tailor, of Salem, and he and John Glover 
cut thatch there and left it to dry. The next morning they found 
that it had been carried away and deponent tracked the cart. 
Thomas West told him that he saw Joshuah Buffam go by early 
in the morning with thatch. Then deponent waited for the cart 
Mr. Batter had hired to come, and spent three days about the busi- 
ness. It was called small creek thatch, etc. Robert Willson said 
that Smith had the grass two years and expected to have it another 
year. Sworn, 22 : 6 : 1665, before Wm. Hathorne.f 

Samuell Archard, marshal, aged about fifty years, deposed that 
the marsh was attached for fines and Mr. Batter, treasurer, took 
it and paid the fines, etc. Sworn, 25 : 7 : 1665, before Wm. Ha- 
thorne.f 

Edmond Batter, aged about fifty-seven years, deposed. Sworn 
in court. 

Xtopher Waller, aged about forty-two years, deposed. Sworn, 
28 : 6 : 1665, before Wm. Hathorne.t 

John Glover, aged about twenty-seven years, deposed that creek 
thatch was as good fodder as hay, etc. Sworn, 22 : 6 : 1665, before 
Wm. Hathorne.f 

Thomas West, aged about thirty years, deposed. Sworn, 14 : 
6 : 1665, before Wm. Hathorne.f 

*Stephen Webster deposed that upon Aug. 4, 1665, he and Rob- 
ert Swan were in company with some of their neighbors, and they 
tried to agree about the wheat, etc. 

Zeackriah Whitt, aged about twenty-three years, deposed that 
he was employed to shock his master Webster's wheat, which grew 
upon land near to Robert Swann's house, and the last day they 
were reaping said wheat, Joseph Johnson was helping him. The 
next morning much of the wheat was gone, etc. He also mowed 
wheat for Swan near his orchard. Sworn, 10 : 6 : 1665, before 
Simon Bradstreete.f 

John Heasellton, sr., testified that he and his son Samuell plowed 
the land for Steven Webster, which land adjoined the little river 
near the saw mill, etc. Sworn, Sept. 25, 1665, before Simon Brad- 
streete.f 

John Griffen, aged about twenty-four years, deposed that Swan 
told him that he had the wheat in exchange, etc. 

t Autograph. 



1665] RECORDS AND FILES 277 

Stephen Webster was fined for speaking reproachful words to 
Robert Swan.* 



Joseph Johnson, aged twenty-seven years, deposed that he 
worked upon the land that Steven Webster sold to Robert Swan, 
etc. Sworn, 10 : 6 : 1665, before Simon Bradstreete.f 

Samuell Heazellton deposed. 

Samuell Gilde (also Guill), aged about sixteen years, deposed 
that his master Swan's cart, etc. Sworn in court. 

John and Joseph Johnson deposed. Sworn in court. 

Thomas Davis deposed that part of the land was sown with 
"silpy" and the other part with wheat, etc. Sworn, Sept. 22, 
1665, before Simon Bradstreete.f 

Edward (his mark) Brummidge deposed that Steven Webster's 
lot was near Abraham Whittiker's house, etc. Sworn, Sept. 22, 
1665, before Simon Bradstreete.f 

John Hazeltine and Stephen Kent, sr., deposed that Samuell 
Guile, jr., etc. Sworn, Sept. 25, 1665, before Simon Bradstreete.f 

Jno. Griffin, aged about twenty-four years, deposed. Sworn, 
10 : 6 : 1665, before Simon Bradstreete.f 

*Robert Swan's complaint to the Worshipful Mr. Bradstreete 
against Stephen Webster : For saying that he would be the death 
of him, and for saying that Swan was a weak man and he could 
drive a dozen such as he before him through the town; also for 
threatening to burn said Swan's barn, which might be disastrous 
to himself, wife and children, for his dwelUng house was very near 
the barn, etc. 

Elizabath Whiticker and Samuell Gile, jr., deposed that the 
same day that Robert Swan was charged with taking away the 
wheat, Stephen Webster said that if it had not been for Goody 
Swan, he would have knocked Robert in the head, etc. Sworn, 
Sept. 25, 1665, before Simon Bradstreete.f 

Barthellme Heth deposed that Stephen Webster came to him 
with some neighbors to ask counsel, and soon after Robert Swan 
came for the same purpose. Webster desired counsel before his 
father Emiry and John Griffen, etc. Sworn in court. 

Abigale, wife of John Remington, deposed that being abroad 
in a hemp yard, she saw Webster go to her brother Swan's, and 
her sister Swan go with him to the barn. Webster said to Swan, 
"art thou a church Member, and dare to doe lyes," with which he 
stabbed at him with the fork he had in his hand, making a mark 
on his breast. Webster stood on the rails that were set up on the 
outside of the barn to fence in the mow, etc. Sworn, Sept. 22, 
1665, before Simon Bradstreete.f 

Robertt Swan deposed that they at first agreed about the wheat 
and shook hands and later Webster told him that he had played 
him a scurvy trick, sometimes he had put two sheafs together and 

t Autograph. 



278 IPSWICH QUARTERLY COURT [Sept. 

Joseph Leigh, for many offences, was sentenced to pay a fine, 
to be severely whipped and bound to good behavior. He was to 
be imprisoned until the fine was paid, and upon his petition, the 
corporal punishment was changed to a fine and a fortnight's im- 
prisonment.* 

again only one and a half. This he had done by taking some wheat 
out of the sheaf, putting it at the end of the band, drawing it up 
to the heads and twisting it together and made the band longer. 
Deponent told him that it was horrible wickedness for him to make 
deponent appear guilty when he was guilty himself, and he said 
it was good policy to use means to keep himself out of snares, etc. 

Elizabeth (her mark) Swan, wife of Robert Swan, deposed con- 
cerning the assault in the barn. She took the pitchfork from the 
men, and Webster told Swan that he would be the death of him if 
he hanged for it, etc. Sworn, 10 : 6 : 1665, before Simon Brad- 
streete.f 

Elizabeth (her mark) Swan, daughter of Robert Swan, deposed. 

John Griff en deposed that being at the house of his father Sherred, 
etc. 

*Joseph Leigh'sf petition to the court for clemency. He acknowl- 
edged that he knew of the death of the sow and that he did wrong 
to Goodman Kemball in inticing his servant away. 

James Sanders deposed that he sold a hundred old rails to Jo- 
seph Leigh, and had the team of John Leigh, sr., to take them home. 
They were in Mr. Hubbard's lot, and these are the rails he would 
have sold to Daniell Hovey a year ago. Sworn, Apr. 27, 1665, 
before Daniell Denison. Copy made Sept. 4, 1665 by Robert 
Lord,t cleric. 

Thomas Kimball, aged about thirty years, deposed that Joseph 
Leigh inticed his servant, James Sanders, away in his absence, and 
when deponent accused him of it, he called God to witness that 
he knew nothing of it, and his solemn protestations made deponent 
think him innocent. Afterwards deponent threatened to prose- 
cute him and the next Saturday, he brought back the servant. One 
day when deponent went to Boston, Leigh advised Sanders to run 
away, promising to give him money and victuals. Sanders told 
his master and the latter went to town and while in hiding saw 
Leigh deliver money, a pair of stockings, bread and cheese, and 
heard him ask Sanders if he had his master's best shoes. Sworn 
in court. 

Symon Tompson deposed that Goodwife Leigh knew of the 
killing of the sow. Sanders killed it and Joseph was with him. 
Sworn in court. 

James Saunders, aged about twenty years, deposed that he let 
the sow that belonged to William Downing out of John Ring's 
barn, being importuned by Joseph Leigh. That he and Joseph 

fAutograph. 



1665] RECORDS AND FILES 279 

Goodwife Leigh was fined for concealing stolen goods. 

James Sanders, for "sayeing and unsayeing and sweareing," 
was admonished and ordered to make public acknowledgment in 
the m:eeting house. 

The fourth part of a «ingle country rate was ordered to be levied 
to defray the county debt. 

Joseph Leigh and John Leigh were bound for the former's ap- 
pearance, and John was to dehver Joseph a prisoner to Mr. Willson. 

Mr. Samuell Symonds and Major Genrll. Denison were ordered 
to call the surveyors of Ipswich to account for neglecting to mend 
certain highways. 

Anna Kay ward was appointed administratrix of her husband, 
Nehemiah Hayward's estate, the latter having left a will with no 
executor named. 

Five shilHngs were .given to the house. 

Court held at Hampton, Oct. 10, 1665. 

Jury of trials : Jno. Eaton, Jno. Gill, Jno. French, Robert Dow- 
ner, Christopher Palmer, foreman, Anthony Tayler, Godfrey 
Deareborne, Jno. Marian, Tho. Marston, Moses Gillman, Umphrey 
Wilson and Jno. Johnson, Jno. Eyer and Mr. Richard Oliver. 

Jno. Johnson was fined for absence from jury. 

Civil cases : — 

Abraham Whiticker v. Jno. Haseldine. Trespass. For mowing 
a part of his grass and taking it away from his Spickett meadow 
and for laying claim to said meadow. Verdict for plaintiff. 

Francis Page v. Isaac Cole and Abraham Cole. For not per- 
forming certain articles in a covenant about the eighth part of a 

knocked her in the head, and the old woman, Goodwife Leigh, had 
knowledge of it, but advised them not to use the meat for fear the 
house would be searched, etc. Further that said Joseph urged 
deponent to steal a sythe of Mr. Bennet, and Joseph also had on a 
pair of Bennet's gloves. Deponent also stole wheat from his mis- 
tress. Neither John Leigh, sr., or John Leigh, jr., knew of these 
things. Sworn, May 1, 1665, before Daniel Denison.* 

Verdict of the jury signed by James Chute.* 

Jeams Sanders, aged about twenty-two years, deposed that 
Leigh hid him a week at "Hard-brick hill" and at his father's 
swamp near the hill, etc. Sworn in court. 

* Autograph. 



280 HAMPTON QUARTERLY COURT [Oct. 

saw mill and certain land which Cole hired of Page, as per covenant 
dated last of October, 1662. Verdict for plaintiff. 

Mr. John Wheelwrite v. Capt. Brian Pendleton. For unjustly 
detaining certain goods, a feather bed, bolster, two down pillows, 
one green worsted rug, one suite of silk curtains and valance, two 
round tables, ten pewter dishes, two pewter plates, two cushions, 
one carpet, one chafing dish, three pair of sheets, six napkins and 
three towels. Verdict for defendant. 

Nathanell Boulter v. Abraham Corbitt. Debt. For 7,750 
pine boards delivered at Exiter to said Corbitt's man, as appeared 
by a receipt, etc. Verdict for plaintiff. 

Nath. Boulter v. Nicolas Norris. For not performing a month's 
work for plaintiff according to agreement. Withdrawn. 

Willi. Marston, sr. v. Jno. Lewis. For 42 1-2 bushels of Indian 
corn delivered to him at 4s. per bushel and 32 1-2 pounds of pork 
at 5d. per pound. Withdrawn. 

Georg May, assignee of Willi. Marston, sr. v. George Walten. 
Debt. To be paid in cod fish. Verdict for plaintiff. 

Henry Roby v. Dorman Disher. For detaining 1000 hogs- 
head staves delivered by Wm. More for Henry Roby on account 
of Capt. Clarke, as appeared by a receipt, etc. Georg Walton 
forfeited his bond for said Disher's appearance. 

Jno. Robison, chosen by Exiter to end small causes, was ap- 
proved. 

Anthony Stanian was sworn constable of Hampton. 

Willi. Fifeild, Giles Fuller, Godfrey Dearborne and Henry Roby 
were freed from ordinary training, paying to the military com- 
pany of Hampton, 3s., 5s., half a crown and 5s., respectively. 

Tho. Sleep, was freed from training. 

Mr. Christopher Hussie and Tho. Warde, chosen to end small 
causes for Hampton, were sworn. 

Edward Clarke of Haverhill was granted administration upon 
the estate of Willi. Deale, late of Haverhill, and was ordered to 
bring in an inventory. 

Jno. Robison was allowed to keep a ferry at Exiter and to have 
a penny for a passenger. 

The committee concerning the repair of Exiter bridge was con- 
tinued and was ordered to report to the next Salisbury court. 

A rate was ordered to be made. 

Capt. Christopher Hussie, Ens. John Samborne and Tho. Phil- 
brick, jr., were appointed to make a division of the estate of Tho. 



1665] RECORDS AND FILES 281 

Chase, formerly of Hampton, to the children, according to Hampton 
court order, 3:8: 1654, with consent of Elizabeth Chase, admin- 
istratrix, who was to have 41i. out of the lands. 

Isac Cole was fined and bound to good behavior for profane 
speeches and violence. Continued to next Sahsbury court. 

Jno. Huggins was given until the next SaUsbury court to bring 
in what he could find of Legat's estate. 

A rate of 301i. was ordered to pay the county debt. 

Ten shillings to the house, that is, the servants. 

Twelve shillings allowed to Exiter jury of inquest. 

Isaac Cole and Abraham Cole were bound for the former's ap- 
pearance. 

Jno. Eaton was fined for striking Moses Woster. 

Jno. Wedgwood, Joseph Dow, Mr. Colcord and Mingoe.* 

Court held at Salem, 28 : 9 : 1665. 

Judges : Worshipful Mr. Symond Bradstreet, Mr. Samll. Sy- 
monds, Maj. Danll. Denison and Major Wm. Hathorne. 

Grand jury : Mr. Henry Bartholmew, Barth. Gidney, Jon. 
Dodg, sr., Antho. Ashby, Nath. Putnam, Jisiah Rootes, Edw. 
Humber, Samll. Daliver, Nicho. Vinson, Will. Charles, Hen. 
Collins, sr., Allen Bread, sr., Jon. Witt, Hen. Roades and Mr. 
Charles Gott. 

Jury of trials : Leift. George Gardner, Mr. Zarubabell Endecott, 
Humfry Woodbery, Nicholas Patch, John Neale, Thomas Robbins, 
John Millett, Robert Knights, Frances Burrell, Robert Burges, 
Theophilus Bayly and John Clearke. 

Civil cases: — 

Frances Wainewright v. Richd. Coye. Debt. Verdict for 
plaintiff.f 

Tho. King and Henry Roby deposed that they saw Goodman 
Wall bring hay from the meadow, etc. Sworn at Hampton court, 
13 : 8 : 1665, before Tho. Bradbury.t rec. Copv. 

fAccount against Richd. Coy, May, 1663, 121i. 10s. 10 l-2d.; 
Cr., 24 : 9 : 1663, 4U. 15s. 6d. Accounted with said Coy, Apr. 28, 
1664, and due to balance with allowance for a pair of pistols, 8U., 
to be paid in wheat. Richd. Coy, Dr., 19 : 3 : 1664, to one paire 
of sissers, 4d., pipes. Id., salt, 12d., Is. 5d. Francis Wainewright 
acknowledged this a true copy as per his book of accounts, Nov. 
27, 1665, before Daniel Denison.f 

♦Fragmentary notes. {Autograph. 



282 SALEM- QUARTERLY COURT [NoV. 

Robt. Hooper V. Hen. Russell. Defamation. For calling him 
thief. Verdict for' plaintiff. Defendant was ordered to make 
a public acknowledgment.* 

Tho. Newall v. George Keiser. Verdict for defendant.! 



Letter of attorney, dated 27 : 11 : 1665, from Francis Waine- 
wrightt to Robert Lord, sr. Wit: Daniel Denison.t 

Writ, dated Oct. 24, 1665, signed by Robert Lord,| for the court, 
and served by Robert Lord,! marshal of Ipswich, by attachment 
of wheat, oats, and Indian corn of defendant. 

Francis Wainwright's bill of costs, 18s. 8d. 

Robert Lord, marshal, testified that the wife of Richd. Coy said, 
etc. Sworn, Nov. 27, 1665, before Daniel Denison.J 

Copy of the lease taken from Salem court files by Hillyard Veren,!" 
cleric. 

*Writ, dated Nov. '21, 1665, signed by Moses Mavericke,t for 
the court, and served by John Codnor,t constable of Marblehed. 

Roger Russell, aged about three score years, deposed that Ro- 
bart Hupper took away a hogshead of salt from Henrie Russell, 
jr., etc. Sworn in court. 

Robertt Hoper's bill of charge. Hi. 7s. 6d. 

John Chanell, aged about "a twintie Jert" years deposed that 
he heard Huper say that he had taken salt from master Lattemor's 
stage, etc. Sworn in court. 

Moses Mavericke,J aged about fifty-four years, deposed that 
in 1664 Russell and Hoper both bought salt of him at twelve shil- 
lings per hogshead. Sworn at court. 

Rieherd Russell, aged about twenty-three years, deposed. 
Sworn in court. 

fWrit : Thomas Newhall, jr. v. Gorg. Keasur; for damage he 
sustained by his digging a pit to the loss of his child; dated Nov. 
23, 1665; signed by John Fuller,! for the court, and served by 
Thomas Browne,J constable of Lyn, by attachment of defendant's 
house and land in Lyn and his meadow in Romly Marsh. 

John Hathorne,t Thomas Marshall,! John Fuller,| Mathyas 
Farington,t John Bourrill,t Thomas Couldom,t Will. Clarke,! 
John Mansfeild,! Georg Taylor,! John Ramsdell,! Richard Hudd! 
and Joseph Mansfeild,! on Apr. 13, 1665, were warned by Thomas 
Wheeler, constable of Lynn, to inquire into the death of a child of 
Tho. Newell, jr. They met at the house of said Newell, and saw 
the dead child, of about two years who had been drowned in a pit 
of water. The wife of Robert Potter and the wife of John Newall 
told them that they found the child floating upon the top of the 
water dead, and the mother said that she had missed the child 
between a half hour and an hour. The pit was two feet in depth, 
and about six or seven feet over, filled with mud and water, being 
near the highway in front of said Newall's door, and being falling 

JAutograph. 



1665] RECORDS AND FILES 283 

Samuell Legg, assignee of John Legg v. William Nick, Debt. 
Withdrawn.* 



ground near the said pit, a child playing there by any small slip or 
stumble might fall in. Sworn, 4:5: 1665, before Wm. Hathome.f 

Georg Keser's bill of costs, 21i. 2d. 

Thomas Morris, aged about thirteen or fourteen years, deposed 
that he asked Newell's son Thomas where the child was drowned 
and he said in the hole they made and put water in to keep ale- 
wives for fishing, and deponent had seen John, Thomas and Joseph 
Newell do it. 

Sarah Keaser deposed that the place was fenced in, etc. Sworn 
in court. 

Robart Potter and. John Newhall deposed that George Keser 
had a tan vat in that pit, and when he took up his vat, he left the 
pit open. Sworn in court. 

John Keser, aged about seventeen years, deposed that there^was 
a trench dug from the hok to the waterside, so that no water could 
stand there, and that it was grown over with grass. He had seen 
sheep and hogs feeding in it, etc. Sworn in court. 

John Mansfeild, aged about forty-six years, deposed that there 
was clay, etc. Sworn in court. 

Daniell Mathews, aged about twenty years, deposed that he 
had seen Thomas Newell's son Thomas digging there with .a hoe^ 
etc. Sworn in court. 

Arter Carey deposed. Sworn, in court. 

Eleazer Keasar, aged about eighteen or nineteen years, deposed 
that Mr. Hathern noticed the trench, etc. Sworn in court. 

Elisabeth Morris, aged about twenty years, deposed that the 
hole was shallow nine or ten years before, etc. Sworn in court. 

*Writ : Samuell Legg, assignee of John Legg v. William Nick; 
debt due from Peeter Pittford, deceased, said Nick being said Pit- 
ford's successor and possessor of all or most of his estate; dated 
6:9: 1665; signed by Hilly ard Veren,t for the court; and served 
by John Codnor,t constable. 

Peter (his mark) Pitford, on June 25, 1653, promised to pay 91i. 
to John Leag for Josef Rogers. Wit : Arthur Sandef and John 
Sande.f Sworn by Arther Sandin, 26 : 8 : 1665, before Wm. 
Hathorne.f John (his mark) Legg, sr., of Marblehead, on Nov. 
16, 1665, assigned this bill to his son, Samuell Legg, of Marblehead. 

Peter (his mark) Pitford of Marblehead, on 5 : 8 : 1650, being 
indebted to Capt. Hathorne for 301i., conveyed to him his house, 
five acres of land, his stage with an acre of land, a cow and calf, 

eleven swine, etc. Wit : Samuell Archardf and John 

Wm. Hathornef assigned this mortgage, 17 : 11 : 1655, to William 
Nick. 

t Autograph. 



284 SALEM QUARTERLY COURT [NoV. 

Tho. Chandler v. Job Tyler. Slander. Withdrawn.* 

Richd. Clathery, Richard Crocker, Emanuell Martin and Greg- 
ory Codner acknowledged judgment to Capt. George Corwin. 

James Freind was sworn constable for Wenham, and Samll. 
Ward for Marblehead. 

Jon. Hathorne, assignee of Samll, Bennett, sr. v. Benjamin 
Gillum, sr. Debt. Verdict for plaintiflf.f 

Elisabeth Legg, aged about fifty-seven years, and John Legg, jr., 
aged about twenty-one years, deposed that when Fetter Fetford, 
sr., deceased, he left estate not mortgaged, consisting of one pair 
of shot molds, one fowling piece which William Nick now makes 
use of, the bed, curtain and valance and pewter, all of which he 
kept for his son. Sworn in court. 

*Writ: Sergt. Thomas Chandler v Job Tylar; slander; saying 
that said Chandler was a base, lying, cheating knave and that he 
had gotten all his estate by cheating, etc.; dated Nov. 20, 1665; 
signed by Simon Bradstreete,| for the court; and served by John 
Stebbins,t constable of Roxbury. 

fWrit, dated Oct. 16, 1665, signed by John Fuller,! and served 
by Rich. Wayte,t marshal of Boston, by attachment of a parcel 
of sea coals of defendant. 

Robt. Fateshall, aged about fifty-five years, deposed that Mr. 
Benjamin Gillam, sr., told him on Nov. 25, 1665, that there was 
a parcel of coals of his attached by marshal Wayte at the suit of 
Jno. Hawthorne, attorney to Sam. Bennett, etc. Sworn in court. 

John Hathorne's bill of cost, 2li. 18s. lOd. 

Samuell Benett, jr., deposed that he was present at the loading 
of planks in the 15th article and with the team loading timber in 
the 16th article and that the fighter was sunk at Nahant, her rud- 
der and rigging lost, etc. Sworn in court. 

Robt. Fateshallt and John Hayman| audited the accounts be- 
tween Mr. Samuell Bennett and Mr. Benjamin Gillam, sr. Sworn 
in court. 

Account of Mr. Benjaman Gillam, sr., due Samuell Benett, t 
1667 and 68 : For 5 weacks for 6 men dresing there diat and find- 
ing them beare and lodging, 2li. 5s.; finding them all bread one 
weacke, 6s. ; mackerill for your men, 5s. ; seven days for the youes 
of my horse at your plesure, 10s. ; keeping your horse in the stable, 
2 weackes and 3 dayes, 8s. ; my teame one day and halfe to draugh 
timber out of Capt. Marshall's place, 10s. 6d.; 240 foot of inch 
and halfe plancke, Hi. 4s.; 4,708 foot of plancke at lis., the hun- 
dred at waterside, 25li. 17s.; Carting 1,100 plancke to Winesimett, 
3li. 3s.; carting a cele pese of 36 foot long to Winesemett, 12s.; 
carting a cilson to Winesemet, 48 foot long and squaring of it. 
Hi. 4s.; six wale peses at the waterside, 21i.; 8 beames with other 
timber made up 6 tunn, 3li. 3s.; loding plancks with 3 men, 6s.; 

J Autograph. 



1665] RECORDS AND FILES 285 

Phillip Fowler and wife Mary, administratrix of the estate of 
her late husband, George Norton v. Roger Preston. Debt. For 
rent. Verdict for plaintiff.* 

loding beames, wales and slabes with 4 men and my teme with other 
timber, 18s.; three viages with my liter caring of plancke, timber 
and cord wood to Boston, 71i. 10s. ; 17 Cord of wood delivered at 
your houes, 51i. 19s.; diat and lodgeing severall times for your 
selfe, 18s. ; 3 quart of licker lent you, 6s. ; 7 bushells of wheat de- 
hvered to Mr. Blith, Hi. 15s.; 7 bushells of malt at 5d. Hi. 15s.; 
carting timber from Edmons lot one day and half, 18s. ; 4 turnes 
with the hter when Mr. Gillam manned her, 8h.; damage to the 
Liter, 41i. 10s.; 3 men one day to Nahant looking after the Liter, 
6s. ; 2 dayes of my soone ditto, 4s. ; 6 wales peses sawed at the pit 
and caried to the water side. Hi. 6s.; a stem of about a tunn of 
timber draught to Winesemett with 8 oxen, 17s.; 470 foot of inch 
and quarter bords delivered at Winesemett, Ih. 16s. 9d. ; one viage 
with the liter to Waimoth with my soone in her, Hi. 15s.; timber 
carted out of the woods to the waterside, 16 tunn, 61i. 8s.; the last 
time your men was at worcke at my houes for diatt. Hi. 10s.; too 
dayes carting to Winesemett with too temes, Hi. 12s.; one day 
with too temes carting out of the woods, 16s. ; 5 peases of timber 
delivered at Boston by Jeames naiburs, Hi. 6s.; the timber you 
reseved Last when your son Joseph was heare, 12s.; total, 921i. 
19s. 3d. 

Samuell Benettf of Romelye Marsh on Sept. 12, 1665, assigned 
this bill to John Hathorne of Lynn. Wit : Samuell Bennett, jr.f 
John Brown, aged about thirty years, deposed concerning the 
planks carried to Capt. Marshall, the getting of timber at Samll. 
Bennett's house by Mr. Gillam and his two sons Benjamen and 
Zackery, John Armitage, Tim Armitage, John Wackfeld, Peter 
Grant and Joseph Stocker, etc. Sworn, 17 : 5 : 1665, before 
Oliver Purchis,t commissioner at Lyn. 

Samll. Bennett, jr., certified to the particulars in the foregoing 
account. He further deposed that Mr. Gillam took his father's 
lighter to go to Nahant and put men in her unknown to his father, 
and hearing that she was stuck at Nahant, he and his father went 
there and found that some of the wood had been cast out of her 
and some was frozen in her, etc. He also tried to have the lighter 
men bring her up their river, etc. Sworn, 17 : 5 : 1665, before 
Oliver Purchis,t commissioner at Lyn. 

After Caine of Boston, aged about fifty years, deposed concern- 
ing wood delivered to Joseph Boude, etc. Sworn, at Boston, 
27 : 9 : 1665, before Edward Tyng,t commissioner . 

Mycal (his mark) Delare, aged about eighteen years, deposed 
that he was servant of Samuell Bennett, etc. 

*Writ, dated Nov. 13, 1665, signed by Robert Lord,t for the 
court, and served by Robert Lord,t marshal of Ipswich, by attach- 
t Autograph. 



286 SALEM QUARTERLY COURT [NoV. 

Phillip Beere and Arther Abbott V. Henry Russell, Tho. Hauly, 
John Curtice, Phillip Curtice and Joshua Lamb. Verdict for 
defendant.* 

ment of barley, hay, steers, a heifer and colt belonging to defendant. 

Phillip Fowler's bill of costs, Hi. 4s. 8d. 

Copy of indenture, dated Aug. 4, 1656; Lucie Downing of Salem, 
with the consent of Emanuell Downing, her husband, leased to 
George Norton, sometime of Salem, carpenter, her farm called 
"Groton," near the farm of the Worshipfull Jon. Endecot, Esq., 
in Salem, for ten years from Mar. 1, 1655-6, for ISli. per annum, 
to be paid in Indian corn, wheat, barley, pork, butter, cheese and 
cattle. Said Norton agreed not to cut lumber for sale, and to build 
upon the farm a strong and sufficient house in every way like that 
of Mr. Tredwell at Ipswich, except Norton was to make catted 
chimneys instead of brick, and was to leave the house tenantable 
at the end of the term, "extraordinary cassualty hearby only ex- 
cepted," in consideration of which he was to have one year's rent 
of the farm free, etc. Wit : EUas Stileman and William Flint. 
Oopy made by Hillyard Veren,t cleric. 

Roger Prestonf of Ipswich, on Mar. 14, 1658-9, agreed with 
George Norton of Salem for the revision of the lease of the fafm, 
and said Preston was to take possession on Mar. 15, 1659-60, pay- 
ing to said Norton whatever three" men should decide was its in- 
creased value since Norton took it. Wit : John Porterf and 
Thomas Putnam. f 

♦Writ, dated Sept. 29, 1665, signed by Robert Lord,t for the 
court, and served by Robert Lord,t marshal of Ipswich, by attach- 
ment of beaver skins. 

Phillop (his mark) Beare and Arter (his mark) Abot gave receipt 
-to Henry Russell of Ipshig, Nov. 9, 1665, for lOli. 18s. 9d., it being 
the quarter part of their wages for twelve months' and a half ser- 
vice at sea and on shore. 

Writ, dated Oct. 28, 1665, signed by Jonath. Negus.f for the 
court, and served by John Stebins, constable of Roxbury, by at- 
tachment of land of Thomas Hawley, Joshua Lamb and Phillip 
Curtis. Bond of Henry Russell. f Wit : John Swinerton.f 

Thomas Hawley,t Phillep Curtis and Joshua Lamb,t on Aug. 6, 
1664, at Boston, impowered Mr. Henry Russell and John Curtis 
to take care of our goods aboard the ketch called the Mayflower, 
bound for Newfoundland, for the best advantage of the company, 
and to return as much as they could spare out of their provisions 
with the vessel, etc. 

Letter, dated Fortin, Aug. 21, 1665, from John Curtisf to his 
"most dear and Louing Brother," Phillip Curtis of Roxbury, com- 
plaining that he had not heard from any of his friends and that he 
was "out of sight out of mind," and that since th«y had been in 

+ Autograph. 



1665] RECORDS AND FILES ' 287 

that place Mr. Rusell had been very mindful of his own business 
to the neglect of theirs. That he had not seen Rusell from the 
first of April until Aug. 16, except once when he came overland 
and stayed one day. "So I haue been left wholy among a Com- 
pany of Rauing wolues as I may so Tarme them and for mr. Rusell 
sacke I am uery sorry I should haue Caus to Rite butt the thing was 
this he would in no wies hear of going to any other place until we 
war sartainly Informed be fore how It was that the Indians apon 
kannede sied doth constantly Com ouer & hath kild all the traid 
up that thare is nothing to be had hear but he laies the fallt to the 
Indians but you may Juge hou it is and next tim be mor wieser ho to 
Reply." He commended the bearer of the letter, Goodman Briant, 
to his brother, requesting him to find him a suitable place and to 
be respectful to him as said Briant had been a friend to him. He 
was forced to stay another year having received encouragement 
from several men and had taken three partners and bought a 
parcel of fish on his own account. He sent his love to his father, 
mother and all his brothers and sisters. 

Letter of attorney, dated Nov. 1, 1665, from Phillop (his mark) 
Beare* and Artor (his mark) Abot* of Ipswich, seamen, to Edward 
Wothing of Salem. Wit : Henry (his mark) Milbore and Richard 
(his mark) Milbore. 

John Curtisf owned, Aug. 24, 1665, that Mr. Rusell had paid 
51i., in Fortin, upon their account for necessaries, and agreed to be 
accountable for the skin due to Philip from the Sagamore. 

Henry Russell, aged about fifty-five years, deposed he was asked 
to deliver the letter of attorney, etc. Sworn in court. 

Joseph Wise, aged about twenty-two years, deposed that Russell 
owned Phillip Bere and Clemmot Hudly to be his two men engaged 
for the voyage, etc. Sworn, 27 : 9 : 1665, before Anthony Stod- 
dard, f commissioner. 

John Curtisf agreed, Aug. 21, 1665, to discharge Rusell from 
transportation of himself and the Indians to New England, the 
voyage being ended. Wit : Samuell Budf and Thomas Brian.f 

Henry Russell deposed that Thomas Haly shipped Phillop Beare 
for 35s. per month, and he served this company twelfe months and 
a half. Sworn in court. 

Letter addressed "For his loueinge freinds John Curtis or Mr.- 
Hennery Russell att newfoundland these by a frend whom god 
pserue," from Thomas Hawley,t dated Roxbury, July 15, 1665 : 
"These are to Certefie that wee as allso y^ wife & Child &the rest 
of y^ Relations are in good helth hopeinge it is the same with y" & 
the rest of the Company : wee haue formerly write to you & M"" 
Russell If it Come- to y'' hands wee haue bene amongst the Indians 
but they are all beaten from Syuayuack & poCuntuckit by the 
man heks there is nothinge at psent to be gotton amongst them 
tradinge at psent is verey dead beavor not aboue 7* p pound 
. . . If it bee peace with hoUand it is Ukely to bee a beater price 

*Seal. tAutograph. 



288 SALEM QUARTERLY COURT [NoV. 

Mr. Moses Maverick & Co., owners and fishermen v. John Trum- 
boll. Verdict for plaintiff.* 

Capt. George Corwin v. Will. Caly. Debt. Defaulted.! 

Robert Lord, attorney of Phillip Fowler and Mary his wife, 
administratrix of the estate of George Norton, deceased, acknow- 
ledged judgment to Mr. WilHam Norton. J 

Will§ of Robert Moulton was proved by Leift. Georg Gardner 

If you Cold leave the Indians one nother yeare If they weere will- 
inge to stay it would bee advantagious in Regard of the great 
Charge of there transportation If M' Russell weere willinge to stay 
but wee leave that to y"^ selfs pvoysions heare are verey Cheepe," etc. 

*Award of the arbitrators, Mr. John Wissolld (also Wiswell), 
of Boston, Mr. Henery Bartholmew of Salem and Edward Rayn- 
fford, dated 5:7: 1662, and signed by Henry Bartholmew] 1 and 
Edward Rasfford (also Ramsford):|| John Trombolle was to pay 
Moses Mavericke & Co., for the shallop overrun and lost, with the 
goods lost and the men's time, and to pay for services of the boat's 
company, Frances Hooper, master, Williame Carter, midshipman 
and Elias Fontewnes (also Fontines), foreshipman. Mr. Mave- 
ricke was to have the boat's furniture, and what Mr. Tromboll had 
spent for clothing for the men was to be credited as part payment. 

John Trumbelll certified at Boston, 5:7: 1662, that the deliver- 
ing of all papers to Salem court would not interfere with the arbi- 
tration, etc. 

Agreement of Moses Mavericke] ] andJohnTrumbell||of Charles- 
towne, dated 5:7: 1662, to leave their differences to arbitration. 
Said Trumbell was master of the ship Blossom, which had run into 
and sunk at sea a shallop belonging to Mavericke & Co. Wit : 
John Wiswalljl and Henry Bartholmew. 

Bill of costs, Capt. Price going to Charlstown, etc.. Hi. 12s. 6d. 

Writ, dated Nov. 13, 1665, signed by James Cary,|| clerk, and 
served by Soloman Phypes,|| constable of Charlstown, by attach- 
ment of defendant's dwelling house. Wit : Jo. Haj^manH and 
Samuell (his mark) Leamon. 

tWrit, dated 20 : 9 : 1665, signed by Hillyard Veren,|l for the 
court, and served by John Codnor,]] constable of Marblehead. 

Capt. Corwin's bill of charges. 

JWrit, dated Nov. 23, 1665, signed by Robert Lord,|l for the 
court, and served by Robert Lord,|| marshal of Ipswich, by attach- 
ment of house and land of Philip Fowler. 

§Will of Robert Moulton, sr., of Salem, which was proved by 
Leift. George Gardner and Samuell Gardner. He made his wife 
"my whole execuf^x of this my last will and testament and I giue 
and bequeath to my son Robert fiue pounds at my decease and to 
my daugh"" Abigaile fiue pound sterlinge also my son Samuell to 

I [Autograph. 



1665] RECORDS AND FILES 289 

and Samucll Gardner, and an inventory* allowed. 

Theophilus Bayly had his former license renewed for retailing 
strong waters. 

Court allowed Mr. Lord of Ipswich a bill of charges about Mr. 
Perkins, which the treasurer was ordered to pay. 

Ephraim Herrick was fined for abusing and striking Osmand 
Trask, constable, in the execution of his office.t 

Administration upon the estate of Tho. Scudder, which was left 
in the hands of his wife who lately deceased, was granted to Mr. 
Henry Bartholmew and Hillyard Veren, who were ordered to bring 
in an inventory. 

inioy all my lands within Readinge bounds buttinge on Ipswich 
riuer by estimation sixscore akers more or less; also I giue to my 
daughf Hannah twentie pownds in neate Cattle to be pd at her 
day of marriage also I giue vnto my two yonger sons John and 
Joseph my now dwellinge house with all the lande and meadow 
with all oth"" apurtenances therevnto belonginge after the decease 
of my wife they payinge as a legasie to my two yong'' daughf^ 
Meriam and Mary to each of them twentie pounds to be pd within 
one yeare after they com to posess it and in case either of my sons 
John or Joseph should die before theire mother then my will is that 
my son Samuell shall inioy the p* of my house and lande giuen to 
the ptie deceased and this I leaue as my last will and testament 
witnis my hande the 5*^ of Septemb"" 1665. Robert Moulton 
senior." Wit : Henry Bartholmew, J George Gardner J and 
Samuell Gardner.! 

*Inventory of the estate of Robert Moulton, appraised 3:8: 
1665, by Samuell Gardner| and Job Swinerton, jr., being desired 
by the widow : Six Cowes, 281i. 10s.; six two year old cattle, 181i.; 
two yearlings, 41i.; six calves, 61i.; fower oxen, 251i.; horse, mare 
and colt, 151i.; hay, lOli.; ye farme and housing, 12011.; 13 swine, 
lOli.; come, 151i.; 120 acres of land in Reden, lOli.; beding in ye 
house, 301i.; plow Geare & other tooles, 31i.; total, 29411. 10s. 

fSummons, dated 28 : 9 : 1665, signed by Hillyard Veren,t 
clericus. 

Osmante Trask, constable, aged about thirty-eight years, de- 
posed, that Efrome Herecke struck him twice on the nose and two 
or three times on the breast. Sworn in court. 

William Hoper, aged about seventeen years, testified that he 
saw him strike his Majesty's constable and take away the shoes 
by force. Sworn in court. 

Bill of cost, 12s. 3d. 

Andrew Eliott deposed that he saw the attachment placed on 
one pair of shoes of Herrick's, and that he had formerly attached 
a saddle, etc. Sworn in court. 

JAutograph. 



290 SALEM QUARTERLY COURT [NoV. 

Court having been informed of the death of Benjamin Feare- 
mayes, at Ginne, who left some land in Salem, court ordered that 
his estate be given into the hands of Capt. Huchesson and the 
widow Hester Eastwick. 

A copy of the will of Capt. Nath. Veren, late deceased in Jamaico, 
was proved by Mr. Samuell Gardner, upon oath that it was a true 
copy which he had made from the original in the hands of Thomas 
Pope, administrator, in Jamaico, signed by the Governor, Sir Tho. 
Muddeford. An inventory of goods and money brought from 
Jamaco by said Gardner was also allowed. 

A petition having been presented to court by Hana Waters, 
administratrix of the estate of John Bradstreete, deceased, con- 
cerning a portion of the estate disposed of by the last Ipswich court, 
this court ordered that a summons be sent to all concerned to 
appear at the next Ipswich court. 

Constable Pitman was allowed 30d. for sending a "Hughen cry" 
to Lynn. 

Officers of the troop of Salem, who had been chosen, were con- 
firmed as follows: Mr. John Hathorne, quartermaster; Nathanyell 
Putnam, clerk; John Putnam, corporal; and Raulph King and 
Anthony Needham, corporals, the two latter to serve until the 
court take further order. 

Mr. William Perkins, ordered by the Ipswich court to appear 
to answer for misdemeanors, and not appearing, court ordered a 
warrant to be issued for his appearance at the next Ipswich court.* 

Mr. John Hathorne's license for retailing strong waters and wine 
was renewed. 

Mr. Moses Maverick's license for retailing strong waters was 
renewed. 



*Summons, dated Nov. 23, 1665, to Abraham Hill, and Sarah, 
his wife, and Isaack Shepard, to appear as witnesses, signed by 
Robert Lord,t for the court, and returned by John Wayt.f 

John Paull,aged about thirty-seven years, deposed that the last 
January, being at Mr. Samuell Bennett's house, he saw Mr. Per- 
kings riding upon his horse from the direction of William Edmonds' 
house and John Goold came after from mending his stirrup, as 
Goodwife Edmonds told deponent. At that time deponent saw 
Mr. Perkings reel first on one side and then on the other, so that 
it was feared he would fall off, etc. Sworn at Maiden, 13 : 8 : 1665, 
before Will. Brakenburyf and John Wayte,t commissioners. 

William Edmonds and his wife deposed. Sworn in court. 

fAutograph. 



1665] RECORDS AND FILES 291 

Mr. Harlackendine Symonds, not appearing to answer his pre- 
sentment, and the constable of Gloster not making his return of 
warrant, they were to be summoned to appear at the next Ipswich 
court.* 

Salem, presented for a defect of a highway at Andrew Wood- 
berye's corner fence, was ordered under penalty of five pounds to 
repair it before the next Ipswich court. f 

Isack (his mark) Shepherd, aged about twenty-two years, de- 
posed that he saw Mr. Perckines, who sometimes lived at Way- 
mouth, at the Maiden ordinary, and he called for sack. Goody 
Hill told him that he had had too much already, and Master Per- 
kens replied, "if you thinke I am drunke let me se if i Can not goe." 
He went tottering about the kitchen and said the house was so 
full of pots and kettles that he could hardly go, and he asked de- 
ponent to call the constable to set him in the stocks if he were 
drunk, "and I tould him that I was a going and wente aboute my 
besenes." Sworn, Oct. 27, 1665, before Thomas Danforth.| 

Abraham HillJ testified at Maldon, Mar. 10, 1664-5, that "this 
man Caled M"" Perkins who some time lined at Wamoth, since I 
here hath or doth liue at Tarpsal," showed by his carriage the signs 
of a drunken man. 

An, wife of William Edmonds, deposed. Sworn in court. 

Bill of cost, for the two Scotchmen's testimony. Cornet Sprage 
for bringing testimony, etc., 18s. 6d. 

*Presented for driving cattle on the Sabbath day from Line to 
Wennum. Wit : Jerymyah Watts. 

Letter, addressed "For his Louing frind Mr. Wotss Living at 
wanum This present with care I pray," dated June 24, 1665, from 
Harlakinden SymondsJ to Mr. Wots concerning his driving of 
cattle, " I came oute in the last day of the Election weeke intend- 
ing to com so for as the farm wich formorly was Mr. Clarks but 
one of the Couse being very poor wee came as for as the pany 
ordanary and when wee came thare wee turned ouer horses and 
coues out and lay at the ordanary that night and the lords day 
morning wee went and found ouer horses and coues A vary letel 
way from the place where wee left them the night before travaling 
Along the bac side of line toune one of ouer couse mierd and wee 
ware at the lest toe ouers before wee got hur out of the mier travel- 
ing along to a farm about toe miles a tother side farmar porters 
toards the ba ward thare wee got leue of the a the house to let ouer 
cows to feede thare the remaner part of that day and the night but 
being a paster of inglesh grace and he prasarved to moe he v/oul 
not let us but for a noer or toe," etc. John Willisstonej also swore 
to the foregoing. 

fWit : WiUiam AUing, Thomas Rootes, Andrew Woodberry, 
Ambros Gaile and John Codner. 

{Autograph. 



292 SALEM QUARTERLY COURT [NoV. 

Samuel Smith chose Daniell Weicomb as his guardian, and he 
was confirmed by the court. 

George Roapes, constable of Salem, was allowed charges for 
sending warrants to several towns to warn a General Court, also 
warrants from the treasurer for raising country rates. 

Ordered that all differences between Jane James, widow, and 
her son Erassmus James, they consenting, be left to the Worship- 
full Major Wm. Hathorne and Mr. Moses Maverick to be deter- 
mined within one month. Also that said Jane should not sell any 
of the estate except by court order. 

Worshipfull Major Hathorne was impowered to issue summons 
to all who did not appear to answer their presentments, for appear- 
ance at the place and time of his appointment. 

The following were fined for frequent absence from the public 
worship of God on the Lord's day : Joseph Boyce, the wife of Tho. 



Writ : Mr. Peeter Duncan v. John Tapley; debt due for for- 
feiture of bond; dated Oct. 21, 1665; signed by Hilly ard Veren,* 
for the court; and served by Nath. Pickman,* constable of Salem. 

Writ : John Norman v. William Benet and Robert Leach, select- 
men of Manchester; for withholding pay for a drum bought for 
the town, to the value of 45s.; dated 21 : 9 : 1665; served by 
Hilly ard Veren,* for the court; and served by Robt. Leach,* con- 
stable of Manchester, by attachment of a mare of defendant. 

Writ : William Bennett and Robert Leach, selectmen of Man- 
chester V. John Norman, sr. ; for cutting several masts in the com- 
mon; dated 17 : 9 : 1665, signed by Hillyard Veren,* for the court; 
and served by Robt. Leach,* constable of Manchester. 

Writ: Thomas Stafford and his wife Elizabeth, or their attorney, 
Edward Richards v. Mr. Samuell Bennit, sr.; for withholding 
from them their thirds of a house and land which said Bennitt 
bought of Thomas Errington, her former husband, without her 
consent and against her will, said farm adjoining farm of Capt. 
Cans and John Chadwell; dated Nov. 14, 1665; signed by John 
Fuller,* for the court; and served by Henry Selsby,* coristable 
of Lin, by attachment of a sum of money in the hands of Richard 
Richardson. 

Writ : Elinor HoUingworth, attorney of William Hollingworth 
V. Jeremiah Belcher; debt; dated 18 : 9 : 1665; signed by Hill- 
yard Veren,* for the court; and served by Robert Lord,* marshal 
of Ipswich, by attachment of the house, land and barn of defendant. 

Writ : Mr. Edmond Batter v. Richard Kimball; debt; dated 
20 : 9 : 1665; signed by Hillyard Veren,* for the court; and served 
by Robert Lord,* marshal of Ipswich. 

♦Autograph. 



1665] RECORDS AND FILES 293 

Gardner, the wife of Joseph Pope, Jon. Burton, sr., Hanna Burton, 
Jon. Burton, jr., Josiah Sothwick and wife, Danyell Sothwick, 
Samull Gaskin and wife, Jon. Smith, Jon. Small, sr., Jon. Hill, 
wheelwright, the wife of Hen. Trask, the wife of Robt. Buffum, 
Joshua Buffum and wife, the wife of Robt. Wilson, Michaell Sha- 
flin, Jon. Kitchin and his wife, the wife of Richard Gardner, Samll. 
Shattock and wife, the wife of George Gardner, Jon. Bleven, Jon. 
Maston, sr., Will. Mastone and Mary Kitchin.* 

*Summons, dated 20 : 9 : 1665, signed by Hillyard Veren,t for 
the court, for the appearance also of the wife of Anthony Need- 
ham and the wife of Jon. Smith, and witnesses, Henry Skery, sr., 
Tho. Rootes and Tho. Rix. 

Newbury births, marriages and deaths for 1665, returned by 
Anthony Somerbyif — 
Marriages. 

Joseph Coker and Sara Hathorne, Apr. 13. 

Daniel Cheney and Sara Baily, Oct. 8. 

Francis Plumer and Bettres Cantlebury, Nov. 29. 

Georg Jeffry and Elizabeth Walker, Dec. 7. 

Richard Bryer and Elinar Wright, Dec. 21. 

Caleb Moody and Judith Bradbury, Nov. 9. 

Israeli Webster and Ehzabeth Browne, Jan. 3. 

John Poore and Mary Titcomb, Feb. 27. 

Mr. William Thomas and Susanna Rogers, Mar. 8. 

John Kent, jr., and Sarah Woodman, Mar. 13. 
Births. 

John, son of John Badger, Apr. 26. 

Mehitabell, daughter of Mr. Henry Sewall, May 8. 

Sara, daughter of William Trotter, May 3. 

Rebecca, daughter of Nicholas Noyes, May 18. 

Hanna, daughter of Daniel Lunt, May 17. 

WiUiam, son of Mathew Moore, May 26. 

William, son of William Bolton, May 27. 

Sara, daughter of Robert Morse, Apr. 28. 

Joseph, son of Anthony Morse, jr., July 29. 

Sara, daughter of Edward Woodman, July 18. 

Judith, daughter of John Baily, Aug. 13. 

Abigal, daughter of Abraham Merill, Aug. 13. 

Steven, son of Tristrum Coffin, Aug. 18. 

Ehzabeth, daughter of Peter Tappan, Oct. 13. 

Abigal, daughter of James Browne, Oct. 24. 

Hannah, daughter of Richard Dole, Oct. 23. 

Samuel, son of Steven Grenleafe, Oct. 30. 

Steven, son of Daniel Thurston, Oct. 25. 

Hanania, son of James Ordway, Dec. 2. 

t Autograph. 



294 SALEM QUARTERLY COURT [NoV. 

Jon. Sothwick was fined by Maj. Hathorne for not appearing 
to answer his presentment. 

Arther Sandy had his hcense renewed, and Capt. Georg Corwin, 
Mr. Wm. Browne, Mr. Ed. Batter, Capt. Walter Price, Mr. Hen. 
Bartholmew, Mr. Woodcock, Mr. Jon. Croad and Mr. Gidney had 
their hcenses to retail strong water renewed. 

Thomas West, desiring to be freed from common training on ac- 
count of inability arising from a sore leg that had troubled him long 
and had grown worse, was released so long as his distemper remained. 

Capt. George Corwin acknowledged that he had received the 
full amount of the inventory brought into court at Salem, fourth 
month past, 501i. 15s. 6d., of the estate of John Slather, which he 
accepted as full satisfaction of the lOOli. owing him from said 
Slather or Elizabeth his wife, the latter being joint administratrix 
with himself. 



Rebecca, daughter of Steven Swett, Dec. 4. 
Richard Bryers' twins, Feb. 10. 
Nathaniel, son of Joseph Plumer, Jan. 31. 
Richard, son of John Kelly, Feb. 28. 
Nathaniel, son of Nathaniel Clarke, Mar. 14. 
Richard, son of Francis Tharley, Nov. 25. 

Deaths. 
Phcbee Swett, widow, May 6. 
Sara, wife of Caleb Moody, May 25. 
Katherine, wife of Thomas Silver, July 23. 
Richard Hobs, drowned Aug. 18. 
Nathaniel, son of Nathaniel Clarke, June 6. 
John, son of John Kent, June 24. 
Anne, wife of Francis Plumer, Oct. 18. 
Daniel Thurston, sr., Feb. 16. 

Rowley births, 1665: — 
John, son of John Johnson, 3 : 2. 
Richard, son of Richard Longhorne, May 20. 
Hanah, daughter of Thomas Nellson, June 22. 
Richard, son of Anthony Austine, Sept. 22. 
Elizabeth, daughter of Mr. Samuell Philip, 2 : 1. 
Frances, son of John Spofford, Sept. 24. 
Sarah, daughter of John Tcny, 17 : 8. 
William, son of Samuell Stickney, 21 : 8. 
Jonathan, son of Mr. Anthony Crosbee, 26 : 8. 
Elizabeth, daughter of John Simons, Sept. 8. 
Thomas, son of John Todd, Dec. 3. 
Abigail, daughter of John Lambert, Dec. 9. 
Elizabeth, daughter of Andrew Hidden, 19 : 12. 



1665] RECORDS AND FILES 295 

Joshua Codner of Marblehead, tailor, having possession of a 
house and land that was part of the estate of Cristopher Codner, 
deceased, and whereas Mary, wife of deceased, at the time of her 
marriage, was to give security for the children's portions, which 
had not been done, court ordered, with the free consent of Joshua 
Codner, that the house be given for security for the payment of 
601i. to the children of said Cristopher Codner, to be paid as the 
children come to age. John Devorix and Cristopher Lattamore, 
feofees in trust, were discharged, and Richard Downing and Mary, 
his wife, agreed to bring up the two children free. 

Andrew Mansfeild was fined by the Worshipfull Major Wm. 
Hathorne for being distempered with strong drink, and William 
Smith for second offense of drunkenness. 

Rowley burials, 1665: — 
John, son of William Boynton, Mar. 26. 
Jonathan, son of James Bailey, Mar. 27. 
Sarah, wife of Mr. Philip Nelson, 17 : 12. 
Jeremiah Hopkinson, 22 : 12. 
Grace, wife of James Barker, 27 : 12. 

Andover births, 1665: — 
Ruth, daughter of Daniell and Mary Pore, Feb. 16. 
Steven, son of Steven and Mary Osgood, Mar. 1. 
Nathan, son of John and Hanna Stevens, Apr. 5. 
Robert, son of Nathan and Mary, Parker Feb. 26. 

Andover deaths, 1665: — 
Hanna, wife of Nicholas Holt, June 20. 
Amy, wife of Marke Graves, Feb. 20. 

Andover marriages, 1665: — 
Joshua Woodman and Elizabeth Stevens, Jan. 22. 
Joseph Ballerd and Elizabeth Philips, Feb. 28. 

Newbury births, 1664: — 

, child of sbury, Dec. 15. 

, child of Webster, Dec. 15. 

, child of — iel Somerby, Dec. 20. 

, child of James Mirrick, Jan. 6. 

, child of Nathaniel Merrill, Feb. 8. 

, child of Abell Huse, Feb. 19. 

-, daughter of Samuell Moody, Feb. 28. 



Newbury deaths, 1664:- 
James Parks, servant to Richard Tharly, June 24. 
John, son of John Badger, July 29. 
Hanna, daughter of John Knight, July 30. 
Mrs. Bridget White, Dec. 31. 
Mr. Percivall Lowle, Jan. 8. 
Moores, Mar. 25, 1665. 



296 SALEM QUARTERLY COURT [NoV. 

On 10 mo : 1665, David Gregory was fined for drunkenness, 
which fine Capt. Corwin promised to pay. Jon. Milk was to have 
the pay for whipping.* 

Richard Haines was fined for breach of the Sabbath in carting 

hay.f 

Servants of Mr. Gidney were allowed 7s., and Mr. Browne's, 18d. 



*Marblehead presentment. Wit : Timothie Roberts, John 
Furbush and Ambrose Gale. 

tSalem presentment. He was of Cape Ann side. Wit : John 
Dodge, sr., and the wife of Rice Edwards. 

Town of Salem was presented for a way before the house and 
land of widow Gigles, which was very dangerous to pass. 

Presentments, dated 29 : 9 : 1665, signed by Henry Bartholmew,t 
in the name of the rest of the jury. 

Robert Gibbs,t Richard (his mark) Dowing, Tho. Deans,! 
Edward (his mark) Homan, John Devox,t Henry Taylor, J Rich. 
Sharp,t David Saywell,t Bartlemew Gedney,t Samuell Leggt and 
Robert (his mark) Hooper, being desired by the constable of Mar- 
blehead, met at John Deverex house, Dec. 13, 1665, to view two 
dead men, who had been driven ashore. Their verdict was that 
the men belonged to the catch Phenix and were shipwrecked. 

Copy of a record of a town meeting held at Rowley, 11:11: 1653, 
taken from the old town book by Samuell Brocklebanke:^ Voted 
that the selectmen, Joseph Jewett, Thomas Mighill, Matthew 
Boys, Thomas Dickinson and John Pickard, proportion all the 
lands within the bounds of Rowley village, and report to the town, etc. 

Peeter Woodbery and Cornelius Baker testified that concerning 
the boy in question, John, son of Frances Masters, Frenchman, 
the agreement between Henry Herrick, sr., and the boy's father 
was that the boy was to live with him eleven and a half years. 
Sworn in Salem court, 30 : 9 : 1665, before Hillyard yeren,t cleric. 

Bill of charges, for whipping two Indians, etc.. Hi. 16s. 

Execution, upon the land at Winter harbor in the possession of 
Mordecai Craford or Eddith his wife to satisfy a judgment granted 
at Salem court, 27 : 4 : 1665, to Capt. Thomas Savage, signed by 
Hillyard Veren,t for the court. 

Execution, dated 30 : 4 : 1665, against William Norman, to 
satisfy judgment granted to William Beale at Salem court, 27 : 4 : 
1665, signed by Hillyard Veren,t cleric, and served by Samuell 
Archard,t marshal, who attached the body of Willm. Norman, 
appraised by Mr. Edmond Batter, Georg Ropes and Samll. Archard 
at 201i., and delivered him to William Beale. Said Norman was made 
over to Capt. Tho. Savage by Beale, 30 : 4 : 1665, at Salem court. 
Execution, dated 30 : 9 : 1665, against Richard Coye, to satisfy 
judgment granted to Frances Wainewright, at Salem court, 28 : 9 : 

{Autograph. 



1665] RECORDS AND FILES 297 

1665, signed by Hillyard Veren,* for the court, and served by 
Samuell Archard,* marshal, by attachment of a barn. 

Moses Mavericke,* Francis Johnson,* Willm. Pitt,* Samuell 
Ward,* Samuell Morgan,* Nickolas (his mark) Meritt, Edmond 
Galle,* Thomas (his mark) Pittman, Vensom (his mark) Stedson, 
John Brembelcom,* John (his mark) Legg, Ambrose (his mark) 
Gaile and William Charls,* were appointed a jury of inquest, Dec. 
2, 1664, to determine upon the untimely death of an Indian named 
Peter, who was found dead in the highway at the end of the town 
of Marbelhead. Hearing the evidence of those who last saw him 
in the night and the manner and place where the corpse was found, 
they judged that he was drunk with liquor, and being in the snow 
and cold all night was the cause of his death. Sworn, Dec. 2, 1664, 
before Wm. Hathorne.* 

Timothy Robarts, James Merret and Samuell Merret deposed 
that they saw the Indian lying in the cartway, and when they told 
him he was drunk, he said they lied and were rogues and machett 
boys. They asked him where he got his liquor and he replied at 
Mr. Bond's, and thinking to try him, asked him if he did not get 
it at Thomas Boen's or Clemant's, and he repeated at Mr. Bond's. 
They strove to raise him but he would not let them, and said there 
were Indians at Mr. Bond's, getting liquor for spoons, who would 
help him. He smelled so of liquor that they could not stand by 
him. George Chine deposed that coming from Lynn about nine 
o'clock in the evening, he saw an Indian and heard him groan, and 
later John Nicolson came along, but the Indian did not speak. 
Joseph Gatchell also saw him. Testified before the jury of inquest, 
Francis Johnson,* Moses Mavericke* and Christopher Latimor.* 

John Fuller,* Thomas Newhall,* Andrew Mansfield,* John Witt,* 
Thomas Couldum, sr.,* Mathias Farington,* Nathanill Kirtland,* 
Nathaniell Handforth,* Henery Rhodes,* Gorge Tayler,* Robert 
Potter* and Rich. Haven,* were appointed a jury of inquest, Oct. 
28, 1665, and warned by the constable, Thomas Brown, to inquire 
into the death of a stranger who came to town two days since, 
Richard Brear of Exceter. His body was much bruised, and black 
and blue, and the cause of his death they could not find, but it 
appeared by testimony of John Hawthorn and Tho. Brown that this 
man was brought by William Edmonds and Thomas Stocker to the 
constable upon the draughts of a cart, straddling over the axle- 
tree, his body lying upon the draughts, which occasioned the 
bruises. 

Bill of charges of the constable of Lyn in the foregoing matter : 
for a man to goe to a docter & afterward to get persons to ad- 
minister phissick to him, 2s. 6d. ; for a man to goe to Boston to a 
Majestrate to know what they should doe with the sick man, 2s. 
6d. ; pint of wine. Is. ; a woman to administer phissick according 
to ye docter's order. Is. ; makeing a coffin, 3s. ; diging his grave, 
18d.; woman to wash his cloathes, Is., etc.; total. Hi. 2s. 6d. The 

♦Autograph, 



298 SALEM QUARTERLY COURT [NoV. 

money he had, 7s. 7 l-2d., was laid out for sugar, nails, liquor for 
his burial and the doctor. 

John Newall's charges, for himself and wife tending him and for 
beare and diat for those who sat up to watch, 12s.; damage to bed- 
ing and other cloathes, 5s. ; linen sheet, shirt and other things for 
his burial and for boards for his cofBn, 10s.; total, IH. 12s. 

John Hathorne, aged about forty-two years, deposed that they 
asked to bring the sick man to his house, but he did not receive 
him and they went on to the constable, etc. 

Sarah Hill, aged about sixteen years, deposed that about the 
time Mr. Gushon's ship came from England, a stranger came into 
her father's house, sat down "and fetched his breath very hard." 
He asked her and her sisters for a night's lodging as he was too ill 
to go further, but she, fearing he had the plague, as there was 
danger of taking it from people coming from England, urged him 
to go to Goodman Edmonds' house, where there was a doctor 
woman who might do him some good. Then she called in a young 
man, who said the man was very ill, and the latter calling for beer, 
she gave him some, the young man standing by. Every time the 
man sipped the beer, he complained of his head and his back, and 
then set aside the pot and went and sat by the fire and slept. She 
told him that she was afraid he would fall into the fire and he looked 
up at her "very gashfuUy " and said he hoped not, that he had been 
sick about three weeks with what he supposed was a fever. She 
advised him to ride in one of the carts that often passed to Good- 
man Edmonds, so he went out and with great difficulty got into 
the cart, etc. Sworn, 30 : 9 : 1665, before John Wayt,* commis- 
sioner. 

Abraham Hill, aged about twenty years, deposed that he saw 
the man who died at Lynn, etc. Sworn, 30 : 9 : 1665, before John 
Wayt,* commissioner. 

Thomas Brown, constable of Lyn, deposed that coming to his 
house with the man, he thought he was either mad or drunk. 
Thomas Stocker thought he was bewitched. They left the man 
in his yard against deponent's will, and the man could not walk 
but fell down and made his nose bleed. At night he got lodging 
for him at John Newall's. Sworn in court. 

George Gardner,* Samuell Gardner,* Thomas Cromwell,* 
Thomas Rix,* John Beckett,* John Cromwell,* Richard Harvie,* 
John Williames,* Henery Skerry,* Will. Dounton,* John Pick- 
worth* and Samuell Pickworth,* upon request of the constable of 
Salem, viewed the body of Jams Prist and judged that his death 
was caused by his own voluntary will, having hanged himself with 
a rope. 

Copy of deed, dated June 1, 1665, Richard Dole of Nubury, 
merchant, and wife Hanah, in behalf of Phillip Nelson of Rowley, 
gentleman, and himself, and Henry Jaques of Nubury, carpenter, 
and wife An, in consideration of a purchase made by Robert Rod- 

♦Autograph. 



1666] records and files 299^ 

Court held at Ipswich, Mar. 27, 1666. 

Ned a cockett, an Indian, came before the Worshipful Mr. 
Samuell Symonds and Major Genrll. Denison, on Dec. 7, 1665, 
and acknowledged judgment to John Gold. Also Humphry, an 
Indian, Ned a cockett's brother, acknowledged judgment to John 
Gold, and on Jan. 15, Humphry Coomb acknowledged judgment 
to Capt. Walter Price. On Jan. 17, Thomas Grant acknowledged 
judgment to Abraham Perkings. 

Judges: Mr. Symon Bradstreet, Mr. Samuell Sjnnonds, Major 
Genrll. Denison and Major Wm. Hathorne. 

Jury of trials: Lift. Samuell Appleton, Ensigne French, John 
Ayres, John Newmarsh, John Brewer, Symon Stace, John Bartlett, 
Hugh Marsh, Edmond Moore, William Tenny, Rich. Holmes and 
Sam. Platts. 

Isaack Comings of Topsfield and Sam. Graves of Ipswich were 
sworn constables. 

John Tod v. Mr. Anthony Crosbie. Debt. Verdict for plaintiff. 
Appealed to Court of Assistants. Mr. Anthony Crosbie and 
Daniell Ela bound.* 



gers of Nubury of Joseph Jewit of Rowley, deceased, of sixty odd 
shares in Rowley division of Plum Island, and satisfaction made 
for one-third of same, and also in consideration of an award. May 
2, 1665, by Tristram Coffin of Nubury, Sergt. John Knight and 
John Pickard of Rowley, chosen by Dole, Jaques and Susanna 
Rodgers, relict of Robert, do acquit said Susanna, etc. Wit : Eliz. 
Lunt and Joseph Hills. 

Copy of bond of arbitration of Richard Dole and Henry Jaques 
of Newbury, yeoman, dated Mar. 27, 1665, to Susanna Rogers, for 
lOOli. They agreed to abide by the award, etc. Wit : Nicholas 
Noyes and Joseph Hills. 

Copy of the award, dated May 2, 1665, made by Tristram Coffin 
and John Pickard. 

*Writ, dated 6 : 12 : 1665, signed by Tho. Leaver,! for the court, 
and served by John Palmer,! constable of Rowley, by attachment 
of land in Rowley common field, also defendant's house, barn and 
orchard, and salt marsh in the marsh field commonly called "the 
farm." 

Warrant to Mr. Anthony Crosbee of Rowley, dated Feb. 6, 1665, 
signed by Tho. Leaver,! for the court. 

t Autograph. 



300 IPSWICH QUARTERLY COURT [Mar. 

Reginall Foster v. William Whittred. Slander. Withdrawn. 

Henry Russell v. Thomas Haly. For refusing to deliver a cove- 
nant. Verdict for defendant.* 

Philip Beare and Arther Abbott v. Tho. Haly, Joshua Lambe, 
Philip Curtice and Jo. Curtice. Review of a case tried at Salem. 
Verdict for defendant. f 

Anthony Crosbie's bill of cost, Hi. 2s. 4d., and John Tod's, 21i. 
9s. 6d. 

Bond of Anthony Crosbie,t of Rowley, chirurgeon, dated Feb. 2, 
1665, to John Tod of Rowley, for 151h. 9s. l-2d., for goods received, 
to be paid in wheat, pork, corn and neat cattle, etc. Wit : Anthony 
Austine§ and Ezekiel Northend.§ 

Ezekiell Northend and Antheny Austin testified that at the last 
appointed meeting at Richard Longhorne's, John Tod made three 
propositions, to give him a deed of the Merrimack land from Kim- 
ball, to take Mr. Crosbie's bill and release the bargain or to leave 
it all to Goodman Northend. Mr. Crosbie chose the second, but 
he said that there was a cow and heifer that Tod had of Daniell 
Wickham that he must have credit for, and a bill of 341i. of John 
Brocklebank's, also a horse and a colt, the latter in exchange of 
land, etc., charge for clearing a swamp in Sam. Brocklebank's bill. 
Sworn in court. 

Anthony Austin deposed that he was employed by Goodman 
Tod to keep his accounts since July, 1664, that Tod put items in 
the waste book, and deponent later entered them in the ledger, etc. 
Sworn in court. 

John Acie and Abraham Jewitt deposed that they were at Mr. 
Anthony Crosbie's house, etc. Sworn in court. 

*Joseph Wise, aged twenty-two years, deposed that being in 
company with Henry Russell, Thomas Halley, John Curtiss and 
Phillip Curtiss, he wrote the covenant for the voyage to Newfound- 
land and it was delivered to Thomas Halley, etc. Sworn in 
court. 

Henry Russell, aged about fifty-five years, deposed. Joshua 
Lamb mentioned. 

Joseph Wise, aged about twenty-two years, deposed as to his 
meaning of a covenant, etc. Sworn, 12 : 1 : 1665, before Joseph 
Parker, § commissioner. 

tWrit, dated Mar. 5, 1665-6, signed by Hillyard Veren,§ for the 
court, and served by John Stebbins,§ constable of Roxbury. Ed- 
ward WooUand was plaintiffs' attorney. 

Copy of the records and files in this action brought in Salem court 
in Nov., 1664, made by Hillyard Veren,§ cleric. 

Henry Rusell§ certified that on Aug. 6, 1664, he sailed from 
Boston for Newfoundland in the vessel called the Mayflower, 

{Autograph and seal. § Autograph. 



1666] RECORDS AND FILES 301 

John Gore, master, and in the same month arrived at Peater's 
Hands where he, in behalf of his partners, disposed of some goods, 
as did Mr. Jinners, factor for Mr. Peater Oliver. Then they set 
sail for Fortune harbor, where they put off more of the cargo, and 
then they sailed for the Bay of Fortune, where they landed their 
provisions for wintering there with the Indians for the term of the 
voyage. Upon Sept. 4, he returned with one of their men with the 
vessel to the harbor of Fortune to Mr. Jinnors' and thence to Pea- 
ter's Hand to take aboard their goods and dispatch the vessel to 
New Ingland. Then he and the man returned with a shallop to 
John Cortis, who was left there with one of their men and ten In- 
dians. About the twentieth of the next month thej'^ had built their 
house and in October, said Russell and the two men went hunting 
and brought home to John Cortis beaver and deer in their boat. 
"Then I & John Cortis with one of our men went againe to Hunt 
& left the other man to keepe the house & wee brought home more 
Vinson, & in November I Henry Russell & one of the Indians went 
with me a hunting, and John Cortice with our too men did land 
me & the Indian in the Harbor caled the Peecke, & they retornid 
to another harbor & the Indian & I went into the Contrie, & wee 
ware 32 dayes before wee came to our house or neare uppon, and in 
that time John Cortise did give to the rest of the Indians provi- 
tions to sirue them the most part of the winter & did order our to 
men to trancport the sagimore with three others & there provitions 
to a place wich the sagimore did name & there did leaue them & 
then I being retorned from Hunting & the Indian with me I did 
say to John Cortis send this Indian to the sagimore & to his com- 
pany that is with him to goe in those parts wheare I haue bin for 
wee haue seen many beauer cabins wich wee haue not medlid with- 
all but when the Indians retorned they did bring but one beauer 
skin in this time there was 3 Indians that had a cabon neare our 
hose & Coming often & brining no beauer I Henry Russell did 
demand the reason of John Cortis, & hee told me that the Indians 
did say the ponds ware to much frosin. 

" I replied to, & said that the Indians ware lasie, & I said to John 
Curtis goe you with me, & thos three Indians & you shall see what 
may be done, this was on the 19 day of Desember or nere uppon 
& wee went to a beauer caben & in the space of three ours I Henry 
Pv.ussell did stricke too beauer with mj^ harping Iron & had them 
both, before the Indians facis, & the next retornid to our hose, & 
about the Last of feabuary the Indians preparid for to goe a Hunt- 
ing & were not to retorne before the 25 day of June insuing & I left 
in the house one Caske of Indian corne & some fiouer, & I & John 
Cortis with our too men did Com done the bay the Last day of 
march with some provitions & with our Beauer & others & foxes 
skines, & there at a planters hose the 9 day of Aprill I left John 
Cortis wnth our prouisions & such, . . . then I set sayle with a bad 
boate with our too men to pick a Barck from the harbor of Renwes 



302 IPSWICH QUARTERLY COURT [Mar. 

Tho. Kimball, assignee of Twifourd West v. Daniell Ela. Debt. 
Verdict for plaintiff.* 

Mr. Samuell Symonds, jr., and Henry Bennett, attorneys to 
Samuell Symonds, gent., executor to Humphry Vinsent v. John 
Edwards. Two cases. Debt. Verdict for defendant. Appealed 
to Court of Assistants Mr. Samuell Symonds and Edward Lo- 
mase bound. f 



called the too sisters menshoned in our couenants for the trans- 
portation of our selues & the Indians to New Ingland and to 
saue charges the partnirs was not to pay any frait now this 
harbor of Renwes was from our hose one hundrid & eight Leags, ' ' 

•etc. 

Thomas Swan, aged about twenty-two years, deposed that he 
heard Mr. Henry Russell of Ipswich say that he shipped one of the 
men belonging to the Newfoundland voyage and deponent's father 
Hawly the other. Sworn at Boston, Mar. 26, 1666, before Edward 
Tyng,t commissioner. 

'John Gore, aged about thirty-one years, deposed that he shipped 
two Englishmen, ten Indians, etc., from Boston to Newfoundland, 
etc. St. Peter's Island mentioned. 

*Bond, dated Nov. 10, 1663, of Daniell Elat of Haverill, tanner, 
to Twiford West, for 9li., to be paid in leather fit to make shoes and 
to pass under the seal, etc. Wit: Mary Longhornet and Daniell 
(his mark) Lad. Mary Longhorne made oath in Ipswich 
court. 

Twiford West,t of Ipswich, assigned this bill, Dec. 11, 1663, to 
Thomas Kimball of Ipswich. Wit: Thomas (his mark) Wiatt. 
Henry Bennet testified that Daniell Ela acknowledged the 
debt. 

fWrit, dated Mar. 20, 1665, signed by Robert Lord,t for the 
court, and served by Robert Lord, J marshal of Salem. 

Samuell Symonds, jr.'sj receipt to John Edward, dated 3 : 12 : 
1665, for rent. 

Mr. Symonds' declaration: That there was a lease between 
Mr. Vincent, deceased, and John Edwards, dated Feb. 18, 1657, 
the latter agreeing to pay 8li. 18s. yearly, that the vendor was a 
very aged man and the vendee should be bound by the lease, even 
if he had purchased a part of the land, that defendant must pro- 
duce an order from Mr. Vincent to pay to Thomas Harris a certain 
rent yearly for the oxen, etc. 

Answer: That Mr. Vincent gave the oxen to Goodman Harris, 

Bill of cost, 2li. 10s. 

Mr. Symonds' bill of cost. Hi. 5s. 6d. 

J Autograph. 



1666] RECORDS AND FILES 303 

Articles of agreement, dated Feb. 18, 1657, between Humphry 
Vinsent and John (his mark) Edwards, both of Ipswich, for the lease 
of his dwelling house, barn and land within the common field on 
the north side of the river, also two oxen, for ten years, and two 
steers for three years, and two ewes, etc. Wit: Robert Lord* 
and Tho. Lovell.* 

Humphry (his mark) Vincent's receipts for rent. 

Thomas Harris'* acknowledgment of a receipt, dated Mar. 20, 
1665-6, to John Edwards for the rent of the oxen. Wit: James 
Chute* and Nathaniell Piper.* 

Copy of deed, dated June 16, 1663, from Humphry Vincent, 
yeoman, to John Edwards, husbandman, in consideration of the 
payment of four pounds annually during the remainder of his life, 
all his lot at Muddy river, about eight acres, commonly called 
Muddy river lot, bounded on the southeast by land of Renold 
Foster, sr., and on the other sides by a creek. Wit: William 
White and John Gaines. Acknowledged, June 19, 1663, before 
Samuell Symonds. Copy made, Mar. 24, 1665, by Robert Lord,* 
rec. 

Robert Lord, aged about sixty-three years, deposed that he 
wrote the lease, etc. Sworn in court. 

Samuell Symonds, jr., deposed that he heard Thomas Harris 
urge John Edwards to sue and that and he would bear him harmless. 
Said Symonds and Henry Bennet also deposed that Edwards said 
he would not pay the rent. Sworn in court. 

Samuell Symonds, jr., deposed concerning demanding the rent 
of John Edwards, etc. One day, deponent's mother being present, 
Mr. Vincent asked him to plow for Goodman Harris and he said 
he would not unless said Vincent would see him paid. Hot words 
ensued and Harris came to get the oxen, but Edwards said he had 
sold another pair to Goodman Wyet and could not spare them, etc. 
Sworn in court. He further testified that one evening in February 
last, Thomas Harris told him that Mr. Vincent desired him to take 
the house and land for the agreement with John Edwards was 
broken, and the latter was about to hire at Goodman Whipple's 
farm. Cousin Harris told him that he had better get somebody 
else, for he was still going to sea, etc. Sworn in court. 

Tho. Harris deposed that Mr. Vincent gave Mr. Symonds a 
letter of attorney to treat with Mr. Edwards, and also brought 
Vincent's will which was dated Jan. 14, 1663, etc. Sworn in court. 
He further testified that Mr. Vincent said he had no skill in the 
law but those who had more than he persuaded him that he might 
get the rent by law, etc. Sworn in court. 

Martha Harris deposed. Sworn in court. 

Thomas Lovell deposed. Sworn in court. 

John Edwards affirmed that when he bought his lot of his master 
Vinsent, etc. 

* Autograph. 



304 IPSWICH QUARTERLY COURT [Mar. 

Robert Punell v. Richard Shatswell. Debt. Verdict for plain- 
tiff.* 

Tho. Stace v. John and Nathaniell Addams. Debt. Due for 
rent. Withdrawn. 



*Writ, dated Mar. 22, 1665, signed by Robert Lord,t for the 
court, and served by Robert Lord,t marshal of Ipswich, by attach- 
ment of a pair of oxen. 

Robert Punel's bill of cost. Hi. 15s. 6d. 

Copy of deed of acquittance, dated June 20, 1664, Robert (his 
mark) Punnell of Ipswich, husbandman, to Richard Shatswell of 
Ipswich, husbandman. Wit: John Tapping and Jonathan Negus. 
Acknowledged by Jonathan Negus, 24 : 1 : 1664, before Ri. Bell- 
ingham, Dept. Govr. Copy made by Robert Lord,t cleric. 

John Fuller and Thomas Clarke deposed and Rich. Shatswell 
afnrmed that the ditch which they showed to Leift. John Pike, John 
Emery, sr., and Jonathan Singletary was the fence now in con- 
troversy between Shattswell and Punnell, etc. Sworn in court, 
Mar. 28, 1665, and copy made. Mar. 23, 1665-6, by Robert Lord,t 
cleric. 

Copy of agreement, dated Mar. 30, 1664, between Richard Shats- 
well and Robert (his mark) Punill, the latter engaging to ditch in 
Richard Shattswell' s outside pasture, with a good sufficient bank 
for the fence, the ditch to be three feet wide on the top and two 
feet deep and one spit or foot wide at the bottom, also to ditch in 
two sides of the inside pasture, for which work said Shatswell was 
to pay 71i. in corn or cattle before midsummer; the worst of the 
swamp at the north corner was to be excepted, and Punill was to 
have his diet provided during ditching, if he did not leave the work 
above eight days, etc. Wit: Thomas (his mark) Grant. Copy 
made Mar. 10, 1665, by Robert Lord,t cleric. 

Robert Punill, on June 13, 1664, assigned this bill to Thomas 
Kimball. Wit: John Kimball. Copy made, Mar. 10, 1665, by 
Robert Lord,t cleric. 

John Kimball deposed that the ditch was made according to 
agreement. Sworn in court. Copy made. Mar. 10, 1665, by 
Robert Lord,t cleric. 

Tho. Kimball deposed that Goodman Scchwell told him that 
Punell was to ditch from Mudi river to Mr. Juet's fence, etc. Sworn 
in court. 

Kaleb Kimball testified that he asked Shatswell when Punell 
was coming home from Boston and he said with the bark of this 
town, etc. Sworn in court. Copy made. Mar. 10, 1665, by Ro- 
bert Lord,t cleric. 

Samewell Graves, aged thirty-eight years, deposed that Robert 
Punell came to his house for a hat and he let him have one on his 
master Satchwell's order, etc. 
fAutograph. 



1666] RECORDS AND FILES 305 

Mosses Pengry v. Abraham Fitt. Verdict for plaintiff.* 
Mr. John Giffourd v. Capt. Rich. Walker. Withdrawn.! 

*Writ: Moses Pengry v. Abraham Fitt; for abusing an ox, so 
that it died; dated, Mar. 20, 1665; signed by Robert Lord,! for 
the court; and served by Robert Lord,| marshal of Ipswich, by 
attachment of a cow. 

Samuell Eyrs of Ipswich deposed that he saw Abraham Fitts 
come with a load of wood upon a sled by his house, a reasonable 
load for two cattle. Going over the gutter near his barn, the off 
bullock slipped upon the ice and he could not get him up until he 
had unyoked him and he was forced to call his dog to raise him, 
and the dog shook the bullock by the ear. After the bullock was 
dead, Fitts desired deponent to help him draw him to Decon Pen- 
gre's, but the latter refused it, and he went to three men to take 
the hide, but could get none to do it. Sworn in court. 

Thomas Burnum deposed that he saw Fitts with his sled near 
Mr. Huberd's barn and he noticed that the bullock was very white 
with frost, the weather being very cold and the bullock being in a 
great sweat. Deponent told him he should put the bullock in a 
warm place as soon as he could, etc. Sworn in court. 

John Lee deposed that the ox ran so fast that he could hardly 
catch him, etc. Sworn in court. 

Robert Colines deposed that he was asked to strip the bullock 
and he thought death was caused by beating, etc. Sworn in court. 

Robert Denton deposed that he saw one ox that had fallen by 
Mr. Samuel Rogers' house and he loaned him his goad, and later 
the ox fell down by Samuel Eires' bridge, etc. Sworn in court. 

John Dane, jr., deposed that Fitts' oxen went very fast, etc. 
Sworn in court. 

Simons Tomson deposed that following his son into the woods, 
etc. Sworn in court. 

William Danfford deposed that Fitts beat his cattle, etc. Sworn 
in court. 

John Edwards deposed. Sworn in court. 

fWrit: John Gifford v. Capt. Richard Walker; for tearing the 
appraisal, being the appraiser for Capt. Thomas Bredon; dated, 
14 : 1 : 1665-6; signed by Jonath. Negus, J for the court; and 
served by Rich. Wayte,J marshal of Suffolk. Bond of Rich. 
Walker,! Tho. Lake| and Tho. Breedon.J 

The appraisal, which is badly torn, mentions: 1 old Carte and 
wheels, 4 Gros of hookes and eies, 4 axes and one drawing knife, 
nayles, one lock, one sith, 1 brase ketle, 1 great hooke, 1 pairr of 
andierns, 1 back, 1 pair Ro — anierns, 548 feet of bords, 3 Cowes, 
1 yearling, 1 horse, 435 foot bords, hay for the cattell, 5 hoges, 1 
bote and one pare of oueres, 1 ladder, 1 saddell and bridal and Gropes, 

JAutograph. 



306 IPSWICH QUARTERLY COURT [Mar. 

Edmond Bridges, in behalf of the town of Topsfield v. Samuell 
Cuttler. Verdict for plaintiff. 

one fouUng pease, one pare of stilerds, 5 ringes, 4 Grideiarns, 2 back 
moldes, 4 lodes of lime, 9 akres medow, 1 mine Cart, etc. 

John Gifford's petition to the court that contrary to law, which 
allows no relative of defendant or plaintiff to serve on the jury, the 
foreman of the present jury was a near relative of Mr. Jno. Paine 
''who is Consernd in this business of y® Estate apprised with Cap* 
Tho. Breedon," and he requested that another man might be 
chosen in his place. 

Capt. Walker's costs, Hi. 12s. 6d. 

John Gifford's* declaration: That the court and the marshal 
have done all that was within their power; that the appraisal can- 
not be made again according to law, and that Capt. Walker by 
tearing the paper proved himself an obstructor of justice, etc. 

Richard Wayte, marshal, aged about sixty-six years, deposed 
that they were at Mr. Gifford's at the Iron works with Capt. Walk- 
er, Thomas Joy and Robert Knight, who were to appraise Gifford's 
estate to answer judgment granted Capt. Breeden. They looked 
over the inventory given them on Feb. 22 and the next morning 
they told deponent that they had torn it up by mutual consent. 
Deponent went from the little room where they were assembled 
to Mr. Gifford, Stephen Grover, Capt. Breeden's attorney, and 
others, etc. Sworn at Boston, Mar. 24, 1665, before Edward Tyng,* 
commissioner. 

Jno. Haukes, aged about thirty-three years, and Francis Hutch- 
inson, aged about thirty-six years, deposed that the night the 
appraisers left, Capt. Walker went down to lodge at Mr. Pur- 
chase's with Capt. Thomas Lake, and in the morning Capt. Lake 
said that he with Mr. Gifford and Mr. Chapman would copy the 
inventory, etc. Sworn, 5:1: 1665-6, before Wm. Hathorne. 
Copy made by Edw. Rawson,* secretary. 

Thomas Joy, aged about fifty-four years, deposed that he was 
chosen by the country to appraise the estate of Mr. John Gifford 
and they valued the furnace, dwelling house and lands bought of 
Leift. Cooke and Goodman Kilcup, 260 acres, their being a differ- 
ence among the appraisers. Robert Knight valued the dam at 
25011. and Capt. Walker at llOli., Knight valued the furnace at 
80011. and Capt. Walker at but 3501i.; the dwelling house, Knight 
valued at 2001i. and Capt. Walker at 14011.; Knight valued the 
land at 40s. per acre, 520 11., and Walker at 23011. As the ground 
was covered with snow, deponent could not view the property 
sufficiently to make an appraisal and they all agreed to tear the 
paper, etc. Sworn, 6:1: 1665-6, before Tho. Clark, commissioner. 
Copy made by Edw. Rawson,* secretary. 

♦Autograph. 



1666] RECORDS AND FILES 307 

/ 

' Jo. Gould V. Rich. Hutcheson. Debt. Verdict for plaintiff.* 

Mr. Edmond Batter v. Jo. Knight. Debt. Agreed. 

Will. Beale, in his own behalf and as agent for his brothers v. 
John Peach, jr., and William Watters. Verdict for plaintiff.f 

Frances Wainwright v. Mr. Edmond Batter and Walter Faire- 
field. Verdict for plaintiff. Court did not receive this verdict. J 

John Pickard and Ezekiell Northend v. John Woolcott. Debt. 
Nonsuited. 

Mr. John Rogers v. John Leigh. Debt. Withdrawn. 

Mr. Symon Bradstreet v. Hugh Sheratt and Elizabeth, his wife, 
administratrix of the estate of Humphry Griffin, and John Grifffng, 
as administrator or agent of the administratrix. The defendant 
appeared and refused to plead, and the court allowed costs to the 
plaintiff. 

John Tod v. Mr. Anthony Crosbie. Verdict for plaintiff. That 
the defendant give him a legal deed within one fortnight. § 

Rich. Walker! I of Boston being bound to sea, on Mar. 26, 1666, 
appointed Thomas Lake his attorney. Wit: Tho. Breedon,l| 
Hen. Frencham|| and Tho. (his mark) Joy. 

*John Hutchinson, aged about twenty-three years, deposed that 
his father sent him to John Gold's to bring the mares home, but 
the latter refused to deliver them, pretending great damage done 
in his hay for which he required five pounds, and saying that he 
had taken them up for strays. Sworn in court. 

Zaccheus Gould and Thomas Baker deposed that Hutchinson 
agreed to pay what two men adjudged the damage to be. Sworn 
in court. 

fWrit, dated Mar. 19, 1665-6, signed by Moses Mavericke,|| for 
the court, and served by Samuell Ward,|| constable of Marblehead, 
by attachment of meadow of John Pech, and a house and land of 
WilHam Watters adjoining the meadow. 

tWalter Fayerfield's costs, Hi. Is. 4d. 

Thomas White deposed that part of the corn of Richard Coy was 
delivered to Mr. Edmund Batter at his warehouse, also wheat, 
Indian and oats. As for the barn that was attached by Capt. 
Curwin, Richard Coy sold the barn to Walter Fairfield last Thanks- 
giving day and said Fairfield undertook to pay six pounds to Capt. 
Curwin. Deponent carried the corn to Mr. Batter for Fairfied, 
etc. Sworn in court. 

§Writ, dated 6 : 12 : 1665, signed by Tho. Leaver, || for the 
court, and served by John Palmer,] | constable of Rowley, by attach- 
ment of 700 acres of the village land, which Mr. Crosbie bought 
of John Pickard. 

II Autograph. 



308 IPSWICH QUARTERLY COURT [Mar. 

Capt. Paul White had his Ucense renewed to still and retail by 
the quart. 

Rich. Longhorne had his license renewed to retail liquors. 

WilHam Steevens of Gloster was licensed to sell strong liquors 
and sack for a year. 

Anthony Bennett, being committed to the care of James Steevens, 
Will. Hascall and Jacob Davis by Rich. Window, his father-in-law, 



Articles of agreement, dated Feb. 10, 1662, between Anthony 
Crosbie* of Rowley, chirurgion, and John Tod* of Rowley, mer- 
chant, said Crosbie giving up twenty-nine acres of upland and 
meadow, that is, eight acres at Planting hill, three acres of salt 
and rough marsh which formerly belonged to Mr. Sands, three- 
quarters of an acre off Cowbridge causeway, ten acres near Satch- 
well's bridge, five acres in Satchwell's meadow and two acres near 
the ox pasture, besides a bill of 28h. in the hands of John Brockle- 
bank, also a bill of five pounds in the hands of Samuell Brockle- 
bank; said Tod agreed to give up his interest in 100 acres of up- 
land joining George Hadley and bought of John Griffin. Wit: 
Anthony Asten* and Ezekiel Northend.* 

On the reverse of the foregoing paper, which was a leaf from an 
account book, and is crossed out: I owe Captaine Pike, 41i., Mr. 
Turner, Ih. 3s. ; for his ferriage at Newbury, 4s. 4d. ; To William 
Law, 7s. William Chandler's account for the oyl he had Indian 
Corn, 23 1-2 bushells, 3 li. 10s. 6d.; Wheat one bushell, 6s.; Mault, 
4 bushells, Ih. 2s.; 10 1-2 bushells of Indian corn, Hi. lis. 6d.; 
By Peter Coffin, 2h. Is.; By John Cheny, sr., 5s. 9d.; By Stephen 
Greenleife, 8s.; By Tho. Hale, 6s. 6d.; By Mr. Nellson, 4s.; 1-2 
bushell salt, 2s. 3d.; By Steven Swett, 4s.; total, lOh. 2s. 

John Tod's bill of cost, 31i. 3s. 6d. 

Richard Kimball testified to working the land. Sworn in court. 

John Griffing, aged about twenty-four years, deposed that Mr. 
John Tod gave deponent's mother, Elesebeth Sheratt, 13511. for 
100 acres of upland and meadow at Maremack. Sworn in court. 

John Simmonds deposed that there were about eighteen rods of 
ditch around this pasture, which ditch was at Is. per rod, etc. 
Sworn in court. 

John Baly deposed that he lived with John Tod and broke up 
land for him and made a meadow of about an acre of swamp and 
good land out of barren. Also that Tod fenced in a pasture with 
log fence and a ditch, etc. Sworn in court. 

Josiph Horslee deposed that he bought land of John Tod and 
later Mr. Crosbee said that the land belonged to him and he should 
charge rent for it. Sworn in court. 

John Pa mer, constable, deposed that he left the attachments at 
Mr. Crosby's house, etc. 

♦Autograph. 



1666] RECORDS AND FILES 309 

court ordered that he remain under their care until he chose a 
guardian. 

Thomas Riggs of Gloster was allowed clerk of the writs. 

John Sorlah had his license renewed to keep ordinary and draw 
wine and liquors for a year. 

Mr. William Perkings was fined for excessive drinking. 

Thomas Kimball acknowledged that there were 40s. of the bill 
paid to Twyfourd West and that he sued for 71i. 

Roger Preston, dying intestate, and no one appearing to take 
administration, court ordered that it be left in the hands of Thomas 
Preston until the next Salem court, he to dispose of the hay. He 
was also to bring in an inventory. 

Court being informed that the widow Preston had put out two 
of her sons, one to Thomas Johnson and another to Stephen John- 
son, until twenty-one years of age, upon terms agreed, it was 
allowed and Mr. Bradstreet was to see it done. 

Henry Jaquis, upon proof of his offence of fornication with 
Elnor Bryer, a warrant being out to apprehend him and he fleeing, 
was ordered to appear in court upon penalty of having 301i. o ' his 
estate seized and of being disfranchised. 

Elnor Bryer was ordered to be whipped or pay a fine of five 
pounds for fornication. John Knight undertook to pay it for her. 

Richard Sutton, upon his presentment, was bound to good be- 
havior. 

Thomas Smith was released from training, paying a bushel of 
Indian corn per annum to the company. 

Francis Wainwright had his license to sell strong waters renewed 
for one year. 

Moses Pengry and Mr. Baker had their licenses to keep ordinary 
and to draw wine and liquors renewed. 

Stephen Swett had his license to draw liquors renewed for a year. 

Mr. Moses Maverick had his license renewed for a year. 

Thomas Bishop was licensed to sell strong liquors for a year. 

John Tod was licensed to sell wine by the gallon and liquors by 
the quart for a year. 

Mr. Jonathan Wade had his license to sell liquors renewed for a 
year. 

John Peach and William Watters, complaining unjustly against 
Moses Bradstreet and William Beale, the latter were allowed costs. 

Mary Bishop and John Leigh were abated 50s. of their fines. 



310 IPSWICH QUARTERLY COURT [Mar. 

William White was released from training, paying a bushel of 
Indian corn yearly to the use of the company. 

Marke Quilter was discharged of his bond for good behavior. 

Mr. William Perkins appeared in open court Mar. 28, and pub- 
licly exhibited a complaint or accusation against Mr. Thomas Gil- 
bert, minister of Topsfield, that in public prayers and sermons at 
several times he uttered speeches of a high nature, reproachful and 
scandalous to the King's Majesty and his government, mentioning 
several witnesses. Court issued warrants for said Gilbert's and 
the witnesses' appearance, and on Mar. 29, they appeared and 
were sworn. The court, apprehending the case to be extraordinary, 
both in its nature and tendency, without precedent in this country, 
and there being no laws here to provide against such offences, 
whereby any inferior court might be directed, they referred the 
matter to the next General Court of Election, all parties to appear 
there. Thomas Gilbert was bound in lOOOli. Mr. Thomas Cob- 
bitt and Mr. William Hubberd, sureties.* 

*Wm. Perkins,t sr.'s complaint: "Impri. Hee, y^ s^ mr. Gil- 
bert in his publiq Ministry s*^ Where is their God, & good Causes 
This hath oft bin Cast in y^ saints dishs since y^ king Came to y® 

Crowne, & this last sad hath bin made, 2'^ Bee not troubled 

for this last sad puidence w'''' hath befalen our Native Countries 
though it bee a most sad one : christ hath all power, & is by this 
a Ripening his Church for deliverance, let us therefore Resolue to 
stand or fall w*^ y*^ Church of Christ, whose side is y^ strongest 
side 3^' As y*^ Apostles, when they sawe Christ dead & buried 
thought themsel. mistaken in taking him for y*^ Savior, & messiah 
pmised, soe (said hee) God hath deceived us. Wee looked for glorious 
dayes, for dayes of Reformation, in Ingland, Scotland, & Ireland; 
but he held a Crooked providence hath Crost our expectation, God 
hath befoold us all. 4^^ What a braue day had wee in Ingland 
&c, but wee fell a quarrelhng each w*h other, & have lost all, 5^^ 
Judgement begins at God his house, to unite God his people 
who in time of Peace will fall out for G"*, as in R Eliza*^ time, soe y*' 
Presbytereans & Independants in y^ Protectors dayes; but now 
since y^ King is Come in, they would bee glad to agree each w*h 
other if they might. 6^'' I am loath (said hee) to make such a 
Construction of y*^ prodigies w'^^ haue hapned in old Ingl: y^ like 
to w*^^ were never knowne; what God meanes I knowe not, but 
sure I am it lyeth very heavy upon God — his people in Ingl. 
Scotl. & in Ireland. 7^^ praying hee desired God to saue his people 
in old Ingl. wading under great oppression: y'^ purity of Religion 
(s'^ hee) is y* Controversy this day. Lord iudge twixt us & others, 

t Autograph. 



1666] RECORDS AND FILES 311 

who is in y*" Right, & hauing made mention of y*= King, & Bishops, 
& such like in Ingland : Auenge thyselfe (s"* hee) on them, y* are 
no true freinds to Christ. 8'^ Praying for y^ people of God in old 
Ingl. whome hee mentioned as under sad pressure, & heavy op- 
pressions, hauing lost their godly Ministers, (hee s"^) wilt thou not 
auenge thine Elect oh Lord, who cry unto thee dayly? Auenge 
them (s'^ hee) auenge them, & y* speedily. 9^^ In his P* marke of 
a Thorough Conuiction, hee s'^ If I doe soe or soe, the King & his 
Commissioners will take away my house & lott, but y® true Con- 
uert will say Let all goe rather then fie sin; I speake upon experi- 
ence, for I was put upon it, in old Ingl. ether to let a good Lively- 
hood goe, or to act against my Conscience, but I shrink not at y* 
pting w*'' all there, & I hope God will helpe mee to part w% Tops- 
feild also. 

" lO^y Hee s*^ further, y^ saints shall never bee quiet, but bee 
hanged, drawne & quartered till y*" wicked bee in hell, but y« needy 
shall not alway be forgotten 11^^ praying hee begged of God ether 
to forgiue y*" King his piury, or to make him sensible of it, or to 
give him Repentance for it. 12^^ A poore dead saint is better y'' 
y'^ Prince upon y® Throne, y* is wicked & piured. Mistake mee not, 
as if I spake concerning our King, God preserue our King, & teach 
him to take good Courses, & remooue euell Counsellors from him. 
13^^ It. Tis better to bee heere poore, & to Hue in y^ wildernesse 
being Couenant keepers, then to sit on y'^ Throne & bee Couenant 
breakers. 14 It. Hee begd of God to Conuert y'' King, & ye 
Royall family from their Idolatr}^ & supstition: such expressions 
hee oft used. 15 & y" 12 of Febr. 64. hee used y^ expression applyed 
to y'^ King also. 16 It. Follow not any tho neuer soe great, or 
graue, further then they followe Christ: The King {s^ hee) did 
soe, yea, but if we doe soe, wee maj^ goe to hell ; 17 It. The wicked 
shall bee burned into hell, &c. because God is able to throwe them 
thither, whether they bee great or smale, S"" John such an one. My 
Lord such an one. My Lady such an one & my Sovereigne such an 
one : 18 It. In prayer hee s*^. Wee are apt to Complaine of o"' King, 
& Parliament, & Gou'^ but Wee haue more neede to Complaine 
of our sel. & sins; twas our sins, y^ sins of Professors, that Caused 
these Changes, were it not for our sins, God might (for ought wee 
knowe) make our King a saint, yea an eminent saint; hee made a 
Saul a Paul, & why may he not doe as much for our King? did not 
our sins prevent mercy from us: 19 If there were no punishment for 
wicked men after this life, then y^ Bishop of London, Yorke, & S* 
Andrewes, &c. would bee y^ big prestmen, as ungodly men, who 
only minde this world, pfessedly wicked. 

"20. True knowledge is a growing knowledge, when as other 
knowledge opposed by Princes dyeth away, &c. The L. (s^ hee) 
blesse our King, let us pray for our K. but if our King bee out of y* 
way, or in a wrong way: Let us not part w*h our Religion to serue 
the humor of Princes, or men: 21 It. A 3^^ use to showe y^ Reason 
why y^ godly dare not appeare in Ingl. to fast, & pray, &c. he 



312 IPSWICH QUARTERLY COURT [Mar. 

added, But there is a time a Coming or hastning, when y^ scale 
shall bee turned. Praying for y^ King, hee desired God to remooue 
from him Flatterers, & Clan-backs, & to place about him such as 
are faithfull; 23. It. upon psal. 120.10. hee s"^, when y^ Parhament 
shall Cut soe many eminent Ministers of their imployments. This 
made y'' Act more bitter, then if y^ Bishops had done it. This (s^ 
hee) argues God angry w% us; thus hee acknowledgeth y* y Parlia- 
ment Cuts Ministers, yet in another Article hee saith y*^ such as 
silence ministers, are as Paul tearmes Elymas, y^ Children of y'' 
Deuill, enemies of all Righteousness, 24. It. praying hee desired 
of God y* it might in y'' 3 kingdomes Ingl. Scotl. & Ireland, goe 
well w*h all, y* suffer for a good Conscience, & for that blessed 
Couenant, & y° hee added what shall it bee Counted a Crime, fitt 
to be punished by y® Judges, to pleade for it. 25. I came hither to 
N. E. (s*^ hee) to keepe my selfe from piury, from prelates, from 
Common-prayer-booke : & shall wee now yeald to these, to please 
princes, great men, to gett a Lining, & belly Timber. 26. After 
y* Newes Came of Gillom his being taken, hee prayed to God to 
shewe Ingl. y® Cause of his Contending w*h y™ by sword & pesti- 
lence & y"* hee added, y' God was now auenging y^ quarrell of y*^ 
Couenant, against them: & something hee spake of God his taking 
our ill-willers to taske, & oft hee Called them to account by his 
puidence against them, blasting them & their enterprises. 27. 
The last Sabbath in S^' 65. in prayer hee s'' y* God was now aueng- 
ing upon them y^ breach of y*" Couenant, & though ministers durst 
not say soe, yet God him-selfe was a pclaiming to y*^ world, how 
horrid a sin it is to breake Couenant. Besides seuerall other 
unfitting expressions Concerning many others, w'^h (loath to bee 
too troublesome) I omitt." Sworn in court. 

Wm. Evans, aged about forty j^ears, deposed. Sworn in court. 

Thomas Howlet, sr., aged about sixty years, and James How, sr., 
aged sixty-one years, deposed. Sworn in court. 

Richard Hutten deposed that he heard Mr. Gilbard preach at 
Wennam about four years ago, and expounding the second Psalm, 
"I haue sett my king upon my holy Hill," he said that Christ Jesus 
should reign in spite of all the devil's kings, do what they can. 
Sworn in court. 

Isaacke Cummings, sr., aged sixty-five years, deposed that "I 
haue seriously Considered of all the perticuler Charges giuen in 
vnto the Honered Courte against the said master Gilbird of Tops- 
feild, it is well knowne both to Topsfeild and Ipswich y' I stand 
Related to Ipswich Church in which respect I haue bene many 
saboths at Ipswich," etc. He testified to a few things that he 
heard and he considered such remarks "not safe or y* which did 
not concerne master Gilbird to meddell withall." Sworn in court. 

Edmon Bridges, aged twenty-nine years, deposed that Mr. Gel- 
bart said at Mr. Cobbit's that he heard that the King's bastard 
son was dead, and upon being reproved, said "may not a man spak 
the treuth." That he said God was avenging the breach of that 



1666] RECORDS AND FILES 313 

Mr. Ezekill Rogers, paying 20s. for entering an action, the ver- 
dict being above 201i., the case being cast against him, 10s. were 
remitted. 

Thomas Lovell, complaining of some leather sealed by the sealer 
of Salem, which appeared to be not sufficiently tanned, court 
ordered him to dispose of it according to law. 

James Sanders was ordered to pay John Leigh costs and dam- 
ages in review of an action tried before Mr. Samuell Symonds. 
James, having charged Goodwife Lee with theft and yet saying 
that he thought in his conscience she was clear, was sentenced to 
sit in the stocks one hour or pay 40s. fine. His bond for appearance 
was forfeited.* 



blessed covenant by visiting the land with sword and pestilence, 
speaking of Charles L, and also used this expression "Good lord 
be intreted for the son thoue thow wouldst not for the father." Also, 
that there was a blessed covenant made between the King and 
Scotland, which the King had broken and that God would never 
let it go unpunished. Also in expounding the second Psalm he 
said "be wise you king, the kings of y erth ar assis and thay ar 
the scum of the erth let the devills kings dow what thay can against 
us if we stand for king Christ." 

Daniel Hovey, aged forty-eight years, the 29 : 1 : 1666, deposed. 
Sworn in court. 

Edmund Towne deposed that the substance of Mr. Perkins' 
indictment against Mr. Gilbart was true, etc. Sworn in court. 

♦Warrant, dated Mar. 19, 1665, to James Sanders, John Leigh's 
wife having new evidence against him, signed by Samuel Synionds.f 
Robert Lord,t marshal of Ipswich, appointed John Lee, jr., his 
deputy. Bond of James Saunders; Henry Bennett and John 
Kimball, sureties. Also summons to witnesses, Mr. William 
Hubbard, Mr. Robert Payne, Robert Lord, jr., Tho. Newman, 
John Lead, Robert Punell and John Leigh, jr. 

John Leigh's bill of costs, 31i. lOd. 

Warrant, dated Nov. 10, 1665, to the wife of John Leigh, signed 
by Samuel Symonds.f Also summons to witnesses, Robert Lord, 
ST., Henry Bennett, Samuel Hunt and Usdale Wardell. 

Goody Leigh's petition: That she had owned to the theft 
through a misunderstanding and having no one to plead her cause 
who knew the circumstances fully or who was present at the agita- 
tion before the elders, etc. 

Mr. Wilham Hubbert deposed that James Sanders told him in 
the meeting house not long after he had complained of Goodwife 
Leigh for stealing linen cloth that he believed the woman meant 
no harm. Also that he owed her more than that came to, and that 

fAutograph. 



314 IPSWICH QUARTERLY COURT [Mar. 

Laurance Clenton, presented for lying, cursing and cheating, 
was sentenced to be whipped or pay 40s., "before the court rise." 
Court adjourned to May 9. 



he would never have sued her, had he not been set on by some in 
the church. Sworn, Mar. 23, 1665, before Samuel Symonds.* 

Robert Lord, jr., deposed concerning the accusation about the 
piece of osenbrig. Sanders said Goodwife Leigh gave him a bushel 
of corn to buy a pair of gloves to run away with, etc. Sworn, 
Nov. 16, 1665, before Samuel Symonds.* 

John Leigh, jr., deposed that Sanders offered to sell the linen to 
his mother for less than it cost him, and he told her that her son 
Joseph owed Sammuel Yonglov, and she might let him have it for 
pay. Deponent's mother replied that she could pay Younglove 
in some other way, etc. Sworn in court. 

Samuel Hart deposed that he was at Mr. Hubbard's when Good- 
wife Lee was examined before the elders, etc. Svv'orn, Nov., 1665, 
before Samuel Symonds.* 

Memoranda made at the examination. 

William Hubbard* testified that Goodwife Leigh said that she 
gave something in exchange for what she had of James Sanders, 
such as yarn and stockings, etc. Sworn, Mar. 23, 1665, before 
Samuel Symonds.* 

Robbeard Punel deposed. Sworn, Mar. 22, 1665, before Daniel 
Denison.* 

Samuell Hart deposed that at the examination Sanders said that 
Goodwife Lee gave him the corn to take to the glover's to pay for 
a pair of gloves, to 'which Mr. Cobbit answered that he had given 
her good account of the bushel of corn, etc. 

John Leads and Robert Punell deposed that in Caleb Kimball's 
house, they talked with James Sanders, etc. Sworn in court. 

Robert Payne* deposed that "at our Teachers house," he heard, 
etc. Sworn in court. 

Mary Kimball deposed that Goodwife Lea told her that she 
wondered that her husband would lie so at Mr. Symonds' house. 
Deponent told her that she was sorry for her sin and that she had 
brought herself into trouble, to which Goodwife Lea replied that 
she had stolen the cloth no more than she, etc. 

Will of Andrew Hodges, dated Oct. 11, 1665, was proved, 27 : 
1 : 1666, by Dea. Thomas Knowlton and Theophilus Willson: "I 
give to my beloued Wife fiue pound a year during hear naturall 
life to be paid her as followeth sixe bushel of wheat and the rest 
half in molt and the other half in Indian also I giue her two Cows 
and a Red heyfer and two sheep and these are to be maintayned 
by my ground so long as she lines as hir own and half of the wool 
of the rest of my sheep and I giue to my wif the avooI and yarn in 
the house also I giue her my swine and I giue to my wife Twenty 

*Autograph. 



1666] records and files 315 

Court held at Salisbury, 10 : 2 : 1666. 

Grand jury: Lt. Challis, foreman, Henry Brown, Wm. Allin, 
Jno. Weed, Tho. Carter, Rodge Langton, Jno. Jonson, Jonathan 
Thing, Wm. Fuller, Godfrey Dearborn, Robert Smith, Nath. 
Weare and Henry Dow. 

pound to be at her disposing and my household goods be for my 
wiues youse so long as she hues vnles she se cause to take part of 
them in payment of the twenty pound I haue giuen her also I giue 
to my Wife and her Grandchild three pound to buy them som par- 
rell also my kinsman Ghiles is to find her Wood as long as she lives 
my Wif paying hir for the Cutting of it out in Aplesor otherwise 
and my wif is to haue her liueing in the house and the youse of the 
ground about it her life only the barne to be at liberty for my kins- 
man and I giue to the poor of this Town hue shillings a year after 
my Wiues death for euer also I giue to the Colledg of Cambridg 
hear, fine pound to be paid after my Wiues death in hue year by 
twenty shillings a year for the good of poore skollers also I giue to 
henry Bennit hue pound and to Edward Walden fourty shillings 
and to Mr. Cobbet fourty shillings and to Mary quilter fourty 
shillings and to Theophilus Wilson twenty shillings and these 
legasys to be paid in thre year after my death, and to my cossen 
Ghils Berdly I giue my house and ground about it after my Wiues 
death, and all my other ground both meddowand upland and cattle 
and sheep with my wearing parrell at my death and for the per- 
formanc of this my will I bind ouer my house and ground to my two 
ouerseers and I mak my Cossen Ghiles Berdly my Execcetour and 
Decon Knowlton and Theophilus Wilson my two ouerseers and 
giue them powr in case of not performenc of my will to dispose of 
my hous and ground for the discharging of my will." Andrew 
Hodges.* Wit: Theophi us Wilson* and Thomas Knowlton.* 
Inventory of the estate of Andrew Hodges of Ipswich, lately 
deceased, taken Jan. 16, 1665, by Robert Lord* and Jacob Foster,* 
and allowed, Mar. 27, 1666, in Ipswich court: Wearing apparrell, 
lOli.; a fether bed, 2 feather boulsters & 2 pillows, an old blankett 
& ould rug, 71i. ; httle flock bed, Ih. ; one bedstead & cord, Hi. 10s. ; 
a paire of curtaines & valence, Hi. 18s.; trundle bed & cord, 10s.; 
flockbed, Hi. 15s.; one fether pillow with a new tike, 9s.; one old 
fether pillow, 3s.; one woole pillow, 3s.; a blankett of trucking 
cloth, 12s. ; 2 old blankets, 3s. ; an old darnacle coverlett & cur- 
taine, 4s.; one paire of flaxen sheetes, Hi. 3s. 4d.; one old worne 
fine sheete, 7s.; 2 paire old corse sheets, 10s.; 3 corse sheetes, 14s.; 
one corse table cloth, 5s. ; a flaxen table cloth, 6s. 8d. ; one napkin, 
3s. & 4 napkins at 5s., 8s.; one paire of fine old pihow beeres, 5s.; 
two paire corse pillow beeres, 8s. ; 4 corse towells, 3s. ; a trunke, 
6s. 8d.; a broad box, 3s. 4d.; a desk, 2s. & 3 old boxes, 3s., 5s.; a 
table & forme, 12s.; 3 darnacle curtaines, old ones, 4s. 6d.; one 

* Autograph. 



316 SALISBURY QUARTERLY COURT [Apr. 

Jury of trials: Henry Palmer, foreman, Jno. White, Isaac Bus- 
well, Jno. Dickison, William Barnes, Wymond Bradbury, Tho. 
Mudget, Jno. Gillman, Jno. Fulsham, Mr. Henry Bearing, Henry 
Robie, Jno. Smithe. James Pecker, in Mr. Colcord's cases, and 
Tho. Philbrick and Jos. Dow in the case between Fulsham and 
Cpt. Shapleige. 

Godfrey Dearborn fined for not appearing to serve on the jury. 



great chaire, 3s.; two chaires, 3s.; two old cushens, 2s.; a paire of 
Andiorns, 6s. ; fire pan & tongs, 5s. 6d. ; a paire of bellows, 2s. ; 2 
smotheing Irons, 2s. ; a lookeing glase, 10s. ; a leather case, 6d. ; 
a bible & 2 little bookes, 10s. ; one grt. Iron pott, 18s. ; a fittle Iron 
pot, 6s. ; one Iron kettle, 4s. 6d. ; a small Iron pott, 2s. 6d. ; brase 
pott, 12s. ; two brase kittells, 16s. ; a skillet & little kettell, 3s. ; 
chafen dish, 5s.; 2 skimers, 3s. 6d.; brase morter & pestle, 6s.; 
old warming pan, 5s. ; a spitt & bread bowle, 3s. ; a frying pan, 2s. 
6d. ; 3 grter pewter dishes & a plate. Hi. 4s. ; 4 smaller dishes of 
pewter, 10s.; a vearged bassen, 8s.; a peece bassen, 3s.; pewter 
candlestick, 3s. ; pewter salt, 2s. 6d. ; wine qurt. pott, 4s. 6d. ; an 
ale qurt. & pint pott, 6s. ; 4 poringers, 3s. 4d. ; 3 pewter sasers, 2s. ; 
4 ocumy spoones. Is. 4d. ; a driping pan & puding pan, 3s. ; pan, 
fish plate & tunell, Is.; earthenware, 4s. 6d.; pewter chamberpot, 
2s. ; a paire of taylours sheeres. Is. 6d. ; a paire of pincers, Is. ; a 
broad grat, 8d. ; hamer, ager, chissell & old goudg, 3s. ; a mortiseing 
axe & a handsaw, 3s. ; 2 sives, 2s. 6d. ; cheesepres, 4s. ; cubbard, 
10s. ; 2 httle old tables, 3s. 6d. ; beetle rings, 2 old axes & 2 wedges, 
7s. ; old spade, broken pikax, old how. Is. 6d. ; wooden dishes, 2s. ; 
paile & pigin, 2s. 6d.; tramell, 4s.; 3 trayes, bowle, 2 keelars, 8s.; 
a red rugg, 15s.; a trunck, 6s.; poudereing tub & chirne, 7s.; 2 
firkings & salt, 3s. 6d.; 3 beerefirkings, 4s.; about 3 peackes of 
wheate, 3s. 9d. ; tobaco in the leafe, 2s. ; pott of butter, 7s. ; m 
pourke, 2h. 10s.; hatchell, 4s.; scales & waites, Is. 6d.; coslet & 
pike. Hi. 5s. ; sea chest, 8s. ; Enghsh corne, 4h. 15s. 9d. ; Indian 
corne, 31i. 19s. 6d. ; 2 lenen wheeles & a woUen one, 10s. ; halfe 
bushell, 2s. ; tub & little ground malt, 3s. ; an old cart rope, 2s. 
81i. of fleese woole & 3 of lambes, 14s.; 121i. cotton woole, 12s. 
sheepes woole, 7s. 6d. ; cotton yarne, 7s. 6d. ; woollen yarne, 15s. 
paire of pothookes & a houre glase, 2s.; 2 bullocks, lUi.; 4 cowes 
18h.; a steere, 4fi. 10s.; heifer, 3h.; 2 calves, 2h. 10s.; 9 sheepe 
41i. 10s.; harrow, 3s.; one yoke & one chaine & span shakell. Us. 
halfe the cart & plow, lU.; tub to scald hoggs, 2s.; 3 piggs, 18s. 
laders & forkes, 6s. ; sword, 8s.; apples, 6s.; two baggs, 4s.; house 
barne and homestead, 501i.; 28 acres of upland & meddow, 112h. 
2 pr. cards, 3s. ; cotton woole, 18d. ; cheese, 5s. ; debts due to the 
estate, IH. 10s. ; total, 22811. 19s. Debts due from the estate, 191i. 
6s. 8d. 



1666] RECORDS AND FILES 317 

Civil cases: — 

Town of Exiter v. Jno. Fulsum, sr. For not giving an account 
and making satisfaction for a parcel of masts which he had from 
Exiter commons, as the town order enjoined him. Verdict for 
plaintiff, in goods at 50 per cent, from England and in money. 

Capt. Rich. Waldern v. Christo. Palmer. For irregular and 
illegal proceeding about an execution granted to Israeli Wight 
at a Court of Assistants, Sept. 6, 1664, whereby plaintiff was 
much damnified in grass and hay upon some land at Sandy 
Point, near Exiter river. Verdict for defendant. Court did not 
consent. 

Mary Deale, widow v. Ed. Clark, administrator of the estate of 
Wm. Deale. For refusing to pay lOli. due for a gray stone horse 
which was given by her father Setchell to her, and sold by her 
husband to Capt. Pall White, contrary to her order. Agreed by 
plaintiff and defendant that this action be tried by the bench, and 
the court found for defendant. 

Ed. Go[ve] V. Nath. Wear. Defamation. For saying that plain- 
tiff had interlined his bill of sale. Verdict for plaintiff. 

Jno. Fulsham v. Major Nicolas Shapleigh and Jno. Gillman. 
For debt due upon agreement, three-fourths of 13711. due to plain- 
tiff as agent for the town of Exiter by contract. Verdict for plaintiff. 
Appealed to next Court of Assistants. 

Nath. Weare v. Ed. Gove. Trespass. Upon land purchased 
by plaintiff and Eliakim Wardall of Tho. Kimball, by claiming part 
of plaintiff's land at the westerly end of thirty acres and for deny- 
ing a passage way at the southeasterly end adjoining Mr. Wheelwrite's 
farm, leading to Salisbury line. Verdict for plaintiff, the highway 
sued for at the end of that land that was formerly Mr. Wheel- 
write's farm, which v^^ay was ordered to be laid out through Ward- 
all's land two rods wide. Appealed to next Court of Assistants. 

Christo. Palmer v. Capt. Waldern. Trespass. For coming 
upon his marsh at Sandy Point in Quamscot patent, driving his 
men away from their work and taking away plaintiff's hay and 
grass and laying claim to said marsh. Verdict for plaintiff. The 
court did not consent. 

Jno. Gilman acknowledged the agreement between himself, Jno. 
Fulsham and Major Shapleidge, in open court. 

Rob. Clement v. Ed. Clark, administrator of the estate of Wm. 
Deale. Debt. Verdict for plaintiff. 



■318 SALISBURY QUARTERLY COURT [Apr. 

Edw. Colcord v. Christo. Palmer. Review of an action tried 
at Hampton court in Oct., 1662, concerning a horse with a white 
face. Verdict for defendant.* 

Edw. Colcord v. Christo. Palmer. Review of an action tried at 
the last Salisbury court, concerning four acres of meadow lying 
near the beach which was sometimes Will. Wakfeild's. Verdict 
for plaintiff. Appealed to next Court of Assistants. 

Ed. Colcord v. Town of Hampton. For giving away four acres 
of marsh on the south side of Falls river, belonging to plaintiff, 
and contrary to an agreement made with the selectmen and the 
elders, called the nine men. Verdict for defendant. Court did 
not concur, and so it went to the Court of Assistants by law. 

Jno. Sanders v. Town of Hampton. For not allowing him the 
grant of ten acres of marsh granted to plaintiff in 1642. With- 
drawn. 

Edw. Colcord v. Nath. Boulter. Review of an action at last 
Salisbury court concerning a piece of land near mill brook. Ver- 
dict for defendant. Court did not concur. 

Ed. Colcord v. Joana Tuck and Jno. Samborn, administrator of 
the estate of Robert Tuck of Hampton, deceased. Review of an 
action at Hampton court, 3:8: 1654, for debt. 

Ed. Colcord v. Henry Roby. Review of an action at Salisbury 
court concerning a piece of planting land near the house of defend- 
ant. Verdict for defendant. Court did not concur. 

Christo. Palmer v. Edw. Colcord. Review of an action at last 
Salisbury court for not making good three parcels of land accord- 
ing to writing, dated Mar. 16, 1660-61. Verdict for plaintiff. 

Nathanell Weare v. Edw. Gove. Trespass. For cutting down 
many trees upon his land, which he bought with Eliakim Wardall 
-of Thomas Kimball, at the westerly end of plaintiff's division. 

James Davis, sr., Henry Palmer and William White were con- 
firmed commissioners to end small causes for Haverhill. 

Nathanell Boulter was dismissed from all ordinary trainings, 
allowing 6s. per annum to the military company of Hampton. 

Mary Brey of Exiter was granted administration upon the estate 
of her deceased husband. Rich. Brey, and was ordered to present 

*Writ, dated 4:2: 1666, signed by Samuell Dalton,t for the 
court, and served by Abraham Drake,t marshal of Hampton, by 
attachment of house and land of defendant. 

t Autograph. 



1666] RECORDS AND FILES 319 

an inventory to the next Hampton court, that there might be a 
division of the estate for the widow and children. 

Sam. Colby was admonished for abusing the watch. 

Wm. Brown was dismissed from ordinary trainings, paying 5s. 
per annum to the military company of Salisbury. 

Tho. King of Exiter was freed from ordinary trainings, allowing 
6s. per annum to the military company of Exiter. 

Tho. King was allowed to keep the ordinary in Exiter and to 
sell beer, wine, strong waters, cider, etc., at retail. 

Tho. King was sworn viewer and culler of staves at Exiter. 

Wm. Tayler of Exiter was freed from ordinary trainings and 
watchings in Exiter. 

Isaac Cole was discharged of his bond for good behavior. 

Ehzabeth Sharrat was licensed to keep the ordinary for Haver- 
hill for the ensuing year. 

Mr. Jno. Gillman, Ralfe Hall and Jno. Robinson were sworn 
commissioners to end small causes for Exiter. 

Nicolas Lissen was restored to his former liberty of giving evi- 
dence in court. 

Jno. Severans had his licence renewed to keep the ordinary for 
Salisbury. 

Steven Flanders was fined for breach of the peace. 

Sam. Getchell was fined for breach of the peace. 

Fees allowed to Joseph Hall of Exiter for carrying a hue and cry. 

Capt. Robert Pike, Mr. Tho. Bradbury and Richard Wells were 
sworn commissioners to end small causes in Salisbury. 

Walter Tayler was discharged of his bond for good behavior. 

Jno. Severance was licensed to keep the ordinary for Salisbury. 

Jno. Colby's bond for Nath. Barnard's good behavior was abated- 

Ordered to pay Jno. Ilsly 15s. for carrying the votes to Boston 
for nomination of magistrates. 

Capt. Walter Barefoot and Mr. Peter Coffyn bound for Major 
Nicolas Shapleidge's appearance at the next Court of Assistants. 

Mr. Henry Bearing's license to keep the ordinary for Hampton 
was renewed. 

Edw. Gove and Christopher Palmer were bound for Edw. Gove's 
appearance, etc. 

Robert Ring was allowed packer and guager for Salisbury. 

Jane, wife of Steven Flanders, convicted of telling lies, for mak- 
ing debate among neighbors and casting great reproaches upon 



320 IPSWICH QUARTERLY COURT [May 

several, also having acknowledged that she was often "distempered 
in hir head," was ordered to be disenabled for giving evidence and 
bound to good behavior. Upon proof of breach of her good be- 
havior before Capt. Pike and Mr. Tho. Bradbury, she was to be 
whipped ten stripes upon lecture day, when court appointed the 
constable to perform the same. 

Exiter was ordered to build a sufficient foot and horse bridge 
over Exiter river, at the place laid out by the men appointed, to 
be finished before the next Hampton court, upon penalty of twenty 
pounds. 

Ed. Gove was fined for breach of the peace in laying violent 
hands upon Nath. Weare. 

Isaac Morrill chose William Osgood as his guardian and the 
court approved it. 

Jno. Samborn and Jno. Severans bound for the former's appear- 
ance. 

Margerite Griffin, for committing fornication, was ordered to 
be whipped twelve stripes after the birth of her child, and Capt. 
Christopher Hussie was to see it done at Hampton upon lecture 
day immediately after lecture, or pay a fine. 

Nath. Barnard, having broken the peace and not appearing, 
forfeited his bond. 

Ordered to give Capt. Waldern's writings and leave copies in 
court. 

Christopher Palmer and Henry Robie bound for the former's 
appearance. 

Capt. Richard Waldern bound for Edward Colcord's appearance. 

Allowed ten shillings to the servants of the house. 

Allowed Marshal Lord 20s. for attendance upon the Worshipful 
Major Hauthorn. 

Jno. Young of Exiter was summoned to Hampton court to 
answer a presentment for selling liquors to an Indian contrary to 
law. 

Court held at Ipswich, May 9, 1666. 

On Apr. 12, 1666, Edward Leathers came before Mr. Samuell 
Symonds and Major Genrll. Denison, the clerk being present, and 
acknowledged judgment to Mr. Henry Russell. 

Mr. Harlackenden Symonds, for driving cattle on the Lord's 
day, was fined. 



1666] RECORDS AND FILES 321 

Mr. Peeter Duncan, constable, was fined for not returning a 
warrant. 

Daniell Buttler, presented for profanation of the Sabbath, mixed 
with hes, was ordered to be whipped or pay a fine. WilHam Quarles 
and Obadiah Bridges were fined for being with Buttler. 

Henry Jaquise was fined for misdemeanors, and ordered to pay 
fees to Anthony Mose and Fran. Thurly and wife. 

Thomas Thurrell and John Baker were discharged of their 
presentment. 

Richard Bryer was discharged of his presentment. 

John Smith's presentment for being in drink was left to the grand 
jury. 

James Browne was fined upon his presentment and ordered to 
pay fees to Sam. Platts. 

Ordered that Thomas White have the right to receive the rent 
of his mother Martha Halfield's farm for her maintenance. 

Elder John Whipple and Mr. Richard Hubberd were ordered 
to let the widow Halfield have as much linen as she needed for her 
supply or to deliver it to Thomas White for her use. 

Robert Crose, and Martha and Rachell, daughters of widdow 
Halfield, were summoned to appear at Ipswich court in September 
to examine further concerning the estate of widow Halfield. 

Joseph Leigh was discharged of his bond for good behavior and 
John Leigh as surety. 

James Sanders appeared and his sureties were released. 

Five shillings were given to the house. 

Court held at Salem, 26 : 4 : 1666. 

Judges : The Worshipfull Mr. Symond Bradstreete, Mr. Samuell 
Symonds, Majr. Danyell Deneson and Majr. Wm. Hathorne. 

Jury of trials: Leift. Tho. Putnam, Mr. Eleazer Hathorne, Mr. 
John Corwin, Mr. Joseph Gardner, Mr. Jonathan Browne, Lott 
Conant, Isaack Williams, Jacob Davis, John Ramsdell, Tho. 
Marshall, Tho. Bancraft and John Peach, sr. 

Copy of Obadiah Antrum's receipt, dated 3:3: 1664, to Ed- 
mund Batter, for 2211i. 6s., the amount paid him out of his father's 
estate. Wit: Hillyard Veren. The latter made oath, 29 : 4 : 
1666, to Antrum's signature. 

Civil cases: — 

Selectmen of Marblehead v. William Poat and Edward Yard. 
Court, to whom this action was referred, adjudged that 131i. 10s. 



322 SALEM QUARTERLY COURT [June 

already due to Morrice whom they hired for one year, be paid 

to plaintiffs by defendants for the charge and cure which the se- 
lectmen had incurred about said Morrice, and 41i. 10s. more due 
to Morrice Nov. 1, the end of his year. Defendants were also to 
pay to plaintiffs toward Morrice's further charge, if he live so long, 
181i., his full wages for a year.* 

Richard Bellingham, Esq. v. Bray Wilkins and John Gingell. 
For injuriously and forcibly holding possession of a farm many 
years after it was legally forfeited. Verdict for defendants. Court 
did not accept the verdict. f 

*Bill of charges, Ih. 5s. 6d. 

fWrit: Richard Bellingham v. Bray Wilkines and John Gin- 
gion, alias Gingell; for holding possession of the farm after the 
mortgage was foreclosed; dated June 19, 1666; signed by Jonath. 
Negus, t for the court; and served by WiUiam Howard, t marshal 
general's deputy. 

Bray Wilken's bill of cost, Hi. 9d. 

Ri. Bellingham§ of Boston, Governor of the Massacheusitts, 
on June 25, 1666, gave letter of attorney to William Howard of 
Boston. Wit: John Smith. | Sworn by John Smith, 26 : 4: 
1666, before Hillyard Veren,t cleric. 

Edword Micherson of Cambridg, marshal general, on June 19, 
1666, appointed William Howard of Boston his deputy. Copy. 

Copy of mortgage deed, dated Mar. 10, 1659, given by Bray 
Wilkins of Lin, husbandman, and John Gingion of Lin, tailor, to 
Richard Bellingham of Boston, for £225, with interest at eight per 
cent., 700 acres at the head of Salem to the northwest from said 
town, there being at that place a hill where an Indian plantation 
sometimes had been, a pond and about 150 acres of meadow, which 
they had purchased of said Bellingham, who had it by grant of the 
General Court, Sept. 6, 1638. Wit: Henery Phillops and Robt. 
Howard, notary public. Acknowledged, Apr. 21, 1660, before 
John Endecott, Governor. Henery Phillops made oath to the 
signatures, June 22, 1666, before John Leveret, assistant. Copy 
made by Hillyard Veren,t cleric. 

Richard Way, aged forty-two years, deposed that the last of 
January, 1664, he was with Wilkins, Gengall and Nathaniell Put- 
nam at Mr. Richard Bellingham's house, and he heard the latter 
say that he would mortgage it for two-thirds, that the land which 
they had improved should be in their third part, that they should 
go on with their building, etc. When they went to the Governor 
the next summer to demand their third part and showed several 
receipts from him, also their accounts for the farm, he looked at 
the papers, and upon their demanding their return, he said,"Noe 

tAutograph. §Autograph and seal. 



1666] RECORDS AND FILES 323 

Richd. Bellingham, Esq. v. Bray Wilkins and John Gingell. 
Trespass. For cutting down and ruining the principal timber 
and great trees in the farm and land mortgaged at or near little 
Wills hill. Verdict for defendant. Court did not accept the 
verdict.* 

now I have them I will Keepe them and soe did which Action was 
soe Greeveus to the Spirrit of this Deponent that After the s*^ 
wilkins and Gengell were gone out of the Roome this deponent 
steyed Back againe and desired the Governour to Consider how 
Dishonourable a thing this Action of Retaining theire Receipts 
would be vnto him where upon hee Replied here is one of the Re- 
ceipts which was not writen by my selfe take that if you will and 
hee tooke it to mee but owned that hee had Received the sume in 
that specified and the Rest hee would Keepe and soe did." Sworn 
in court. 

John Smyth, aged about forty-two years, and Wm. Howard, 
aged about fifty-seven years, deposed that on June 20, they de- 
manded possession of the farm in behalf of Mr. Bellingham, and 
Bray Wilkins owned then that the past winter he had felled and 
made from off the said farm six thousand barrel staves for Mr. 
Curwin, etc. Sworn in court. 

Nathaniell Putnam, aged about forty-six years, deposed that 
the latter end of January, 1664, Bray Wilkins having "by Provi- 
dence His House burned and by that meanes being Brought to a 
meane and Low Condishon I my selfe and some other neighbours 
taking the sad Condishon of the sd Bray Wilkins and His Family 
into our Consideration wee were wiling to Contribute somthing 
to the Help and Assistance of y'' s'^ Bray Wilkins in his sad & deplor- 
able Condishon provided that the s*^ Wilkins might have the beni- 
fitt of it Himselfe and then understanding that the Farme Hee then 
Lived on where his house was Burned was Intangled to M'' Richard 
BeUingham our new Honoured Governour," he went to treat with 
him, Leift. Richard Way being also present, etc. The Governor 
promised that the division of the farm should be left to indifferent 
men, and said that there was much due for interest, to which Lieft. 
Way replied that he hoped he would not take interest and have the 
benefit of the improvements which had been made. Finally the 
Governor agreed to leave that matter also to arbitration. Sworn 
in court. 

*Writ, dated 19 : 4 : 1666, signed by Jonath. Negus, f for the 
court, and served by Willm. Howard,t marshal general's deputy, 
by attachment of three parcels of cedar shingles lying near Wil- 
kins' house, and two parcels near Gingell's house. Defendants 
had made bolts, clapboards and other vendable commodities. 

Phillop Knight, aged about fifty-two years, and Jonathan Knight, 
aged about twenty-four years, both of Salem, deposed that Samuill 

fAutograph. 



324 SALEM QUARTERLY COURT [June 

Mr. John Ruck, assignee or attorney of John Mastone v. Capt. 
Tho. Clearke. Debt. Due for freight. Verdict for plaintiff.* 

Mr. John Ruck v. Samll. Moore. Withdrawn. 

Thomas Preston v. John Newman. For illegal taking away of 
a heifer. Verdict for plaintiff.f 



Wilkins, of Bray Wilkins' family, informed deponent's that they 
had cut twenty thousand white oak barrel staves the past year, 
and had cut about eleven hundred feet of boards. Also the year 
before they cut six thousand feet of boards, etc. Sworn in 
court. 

*Writ, dated May 22, 1666, signed by Hillyard Veren,J for the 
court, and served by Rich. Wayte,J marshal of Boston, by attach- 
ment of a pasture of Capt. Thomas Clarke's in Boston near the 
new meeting house. 

John Rucke's bill of cost, Ih. Is. lOd. 

Printed bill of lading, dated Barbadoes, Sept. 18, 1656, from 
Edward Lassells, shipped in the Returne, Henry True,t master, 
now in Carlisle Bay, bound for Boston, four barrels of molasses in 
Barmudoes Caske, to Capt. Thomas Clarke, at the rate of 40s. 
per tun. Receipt, dated 26 : 10 : 1656, signed by Jno. Clark.J 

Printed bill of lading, dated Barbados, Apr. 5, 1658, from Marke 
Hands, shipped in the Returne of Salem, John Marston,| master, 
now in the Bay of Carlyle, bound for Boston, six buts of wine, to 
Capt. Thomas Clarke and John Hanneford. On Oct. 11, 1660, 
John MarstonI assigned this bill to Mr. John Ruck. 

John Marston, aged about fifty years, deposed. Sworn in court, 
in the presence of him that sees all things, before Hillyard Veren, j 
cleric. 

John Archer, aged about twenty-eight years, deposed that he 
sailed in the ketch Returne, etc. Sworn in court. 

Account between Capt. Clark and John Marston for freight. § 
tWrit, dated 15 : 4 : 1666, signed by Hillyard Veren,t for the 
court, and served by Robert Lord,| marshal, by attachment of 
two cows of defendant. 
Bill of cost, 30s. 

Roger Prestont of Salem certified, Oct. 20, 1665, that he had 
hired a cow of John Newman of Ipswich for two years at the rate 
of 10s. per year to be paid in goods or corn at Goodman Bishope's, 
merchant, in Ipswich. Wit : John (his mark) Harrod and Thomas 
Preaston.l 

Robert Lord, marshal, aged about thirty-four years, testified 
that being at Mr. Duning's farm to serve an attachment, he asked 
Goodwife Preston whose cattle those were upon the farm. She 
replied that some were Capt. Corwyn's and the young red one was 
John Newman's. 

{Autograph. § Shorthand on the reverse of this paper. 



1666] RECORDS AND FILES 325 

Elizabeth Medcalfe, executrix of the estate of Joseph Medcalfe, 
and Thomas Medcalfe v. Edward Nealand. Trespass. For felling 
trees, fencing and breaking up their land. Verdict for defendant.* 

Thomas Marshall testified that he saw Jno. Newman of Ipswich 
take away one heifer which Thomas Presson hired him to winter, 
etc. Sworn in court. 

Samuell Preston, aged about fifteen years, deposed that about 
a year and a half since his brother Thomas Preston bought of his 
father, Roger Preston, a red heifer, which he hired Thomas Mar- 
shall to winter, etc. Sworn, 19:4: 1666, before Simon Bradstreete.f 

Martha Holt, aged about forty-four years, deposed that her son 
Thomas Preston bought of her husband, Roger Preston, etc. 
Sworn, 19 : 4 : 1666, before Simon Bradstreete.f 

John Newman, jr., deposed that his uncle, John Newman, told 
deponent, etc. Newman said that the writing that Roger Preston 
gave him was of no value, but Preston told him that he would fix 
the writing if there was anything amiss, etc. Sworn, June 26, 
1666, before Daniel Denison.f 

*Writ, dated May 18, 1666, signed by Robert Lord,t for the 
court, and served by Robert Lord,t marshal of Ipswich. 

Edward Neland's bill of costs, lli. 3s. lid. 

John Dane deposed that being at Goodman Medcafe's when 
he was very ill, a little while before his death, there was some dis- 
cussion about Edward Nealling's carrying on his wife's work after 
said Medcalf's death. Goodman Medcalf's son Thomas would 
not agree to give said Edward assurance of a parcel of land which 
the latter had bought of Goodman Medcalf unless Edward would 
promise to do his mother's work during her life at a groat a day, 
which he refused. Thomas told his father that the latter could 
not give assurance of it without his consent, because half belonged 
to said Thomas. The old man desired earnestly and mournfully 
that he would do it and be satisfied by some of his other land. The 
father owned that he had received his pay and deponent saw a 
deed of it on the table. Sworn, June 18, 1666, before Daniel 
Denison.f 

John Kimball, aged about thirty-five years, and Thomas Kim- 
ball, aged about thirty-two years, deposed that the land in contro- 
versy was a part of the land of Joseph Metcalfe, and they saw 
Edward Neland felling trees there, etc. Sworn, June 22, 1666, 
before Samuel Symonds.f 

WiUiam Goodhuef deposed. Sworn, June 19, 1666, before 
Daniel Denison.f 

Robert Lord, aged about sixty-three years, deposed that the 
part of the land near the land of John Kimball was fenced, etc. 
Sworn in court. 

fAutograph. 



326 SALEM QUARTERLY COURT [June 

James Steevens v. Edw. Harrendin. For unjust molestation 
claiming his meadow and taking away his hay. Verdict for plain- 
tiff.* 

Copy of will of Joseph Mettcalfe, aged about sixty years, dated 
June 3, 1665: "I make my wife Elizabeth Mettcalfe executrix, 
and desire & will, that my debts be payd, and what remaineth I 
give unto my wife Elizabeth dureing her naturall life and after her 
decease, my will is that my Grandchild Joseph Mettcalfe, shall 
enioye my house & lands, payeing ten pounds to his sister Mary 
Mettcalfe, and what live stock my wife leaves at hir decease I give 
to my Grandchild Elizabeth Mettcalfe, The househould goods I 
leave to my wifes disposing I apoynt my sonn Thomas Mettcalfe 
& william Goodhue to be overseers of my will. Joseph Mettcalfe." 
Wit: John Perkins and Jacob Perkins. The witnesses made 
oath in Ipswich court, Sept. 26, 1665, that Joseph Mettcalfe de- 
clared this to be his will in their presence, that they know of no 
other will and that he was of understanding and memory. Copy 
made, June 22, 1666, by Robert Lord,t cleric. 

Copy of deed, dated June 5, 1664, Joseph Metcalfe, of Ipswich, 
seaman, Eliza, (her mark) Metcalfe and Thomas Medcalfe, in con- 
sideration for work to be performed, to Edward Nealand of Ips- 
wich, Irishman, seven acres, bounded northwest by John Kimball, 
north by the highway, and the remainder on his other land, etc. 
Copy made by Hillyard Veren,t cleric. 

Nathaniell Perly, aged about twenty-two years, deposed. Sworn, 
May 22, 1666, before Daniel Denison.f 

John Perly, aged about twenty-eight years, deposed concerning 
the fence which Neland had put up, etc. Sworn, June 18, 1666, 
before Daniel Denison.f 

Elizabeth (her mark) Metcalfe, executrix of the estate of Joseph 
Metcalfe, on June 22, 1666, appointed Robert Lord of Ipswich her 
attorney. Wit: Abraham Jewittf and Thomas Kimball. t 

James Howe, jr., aged about thirty years, deposed that he helped 
to break up the land, and that Joseph Metcalfe told him that he 
had received from Neland in payment for the land half a mare. 
Also that Neland was to work for Metcalfe four pence per day 
cheaper than for another man, etc. Sworn, June 18, 1666, before 
Daniel Denison.f 

Robert Punnell deposed. Sworn, May 21, 1666, before Daniel 
Denison.f On the reverse of this paper is the fragment of a letter 
signed by Margaret Rogers. f 

*Writ, dated Jan. 21, 1666, signed by Thomas Riggs,f for the 
court, and served by Anthony Day,f deputy constable of Gloscester, 
by attachment of the house of defendant. 

James Stevens' bill of charges, 3h. 9s. 2d. 

t Autograph. 



1666] RECORDS AND FILES 327 

Edward Harraden* of Gloster, on June 23, 1666, appointed 
Robert Lord, sr., his attorney. Wit: Thomas Waite.* Acknowl- 
edged, June 23, 1666, before Daniel Denison.* 

Summons, dated June 21, 1666, to Edward Harrendine, signed 
by Thomas Riggs.* 

Copy of record of Ipswich court, Sept. 26, 1665, concerning these 
parties, made by Robert Lord.* 

William Haskall, jr., aged about twenty-one years, deposed. 
Sworn in court. 

Clement Coledum deposed that about five years ago, he was 
mowing for John Pearce in his own marsh and Willm. Lincolne 
was mowing in his master Harridine's marsh and when they went 
to dinner he came and sat down with them. Old Goodman Joanes 
came also, and John Pearce asked him if he knew the bounds 
between Goodman Harridine's and deponent's marsh, to which 
he replied that it was the tree that stood upon the hummock of 
rocks, for he was there at the laying out, and the bound on the other 
end was somewhere about the head of the little creek, etc. Sworn 
in court. 

Richard Beford, aged about fifty-eight years, deposed that he 
bought the marsh in controversy of Soloman Martin about fifteen 
years ago and enjoyed it five or six years, when he sold it to John 
Pears, etc. Sworn in court. 

Clem Coldom, aged forty years, deposed that he heard Goodman 
Hariden say that he brought away a load and a half of hay, etc. 
Sworn in court. 

Richard Beford and John Pearse, the latter aged about fifty 
years, deposed that this marsh was given by the town to Soloman 
Martin, namely four acres Ijnng next to Gorge Blake. Sworn in 
court. 

William Linckhorne deposed that his master Edward Haraden, 
went to live at Gloster about April, 1657, and the past year James 
Steevens took away his master's hay from off the lot, by means of 
his master's canoes which lay in his dock upon his own land near 
his house. Sworn, June 25, 1666, before Samuel Symonds.* 

Willm. Lincorne deposed concerning what Thomas Joanes said. 
Sv.orn in court. 

Isaac Stevens deposed concerning the plan of the lot as shown 
in court, which he said was correct with the exception of the size 
and location of some salt ponds and showing some small coves. 
Sworn in court. 

Richard Beford deposed concerning Thomas Jones, sr., etc. 
Sworn in court. 

Thomas Jones, aged sixty-seven years, deposed that when the 
lot-layers of Glocester first laid out the marsh of the long cove in 
Squam, the bounds between Soloman Martin's and William 
Haugh's, etc. Sworn in court. 

Gorge Blacke deposed. Sworn in court. 

* Autograph. 



328 SALEM QUARTERLY COURT [June 

John Meager v. Samuell Dutch. Non-performance of an agree- 
ment. Verdict for plaintiff. If defendant refuse to carry him to 
sea according to covenant, plaintiff was to have 61i. 10s. more.* 



*Writ: John Meager v. Samuel Duch; for non-performance 
of an agreement made by him and his brother who shipped the 
said Meager with the consent of their father to go that summer on 
a mackerel voyage with said Samuell and his brother Hezeciath 
Duch, but that said Samuell had gone to sea and left him on shore, 
etc. ; dated June 12, 1666; signed by Thomas Riggs,t for the court; 
and served by Peter Duncan,t constable of Glocester. Bond of 
Samuell (his mark) Duch and Osman (his mark) Duch. 

Letter of attorney, dated June 3, 1666, given by Samuell (his 
mark) Duch of Glocester to WiUiam Sargent of Gloucester. Wit: 
Peter Duncanf and Anthony (his mark) Daye. 

Peter Duncan, aged thirty-seven years, deposed that he several 
times desired Jno. Meager to put his fish off that it might be ready 
when a vessel came to get it, but Meager said that it was not pressed 
enough. They were a day and a half drying the fish before it was 
fit for the scale, and Samuell Duch and his brother helped dry it. 
Sworn in court. 

Hugh Rowe, aged about nineteen or twenty years, deposed that 
when Samuell Duch and his father Osmand Duch came to ship 
him that summer, they said they could not ship him that winter 
because they had engaged John Meager, etc. Sworn, June 23, 
1666, before Samuel Symonds.f He further deposed that John 
Meger was shoreman of the winter and spring voyage. Sworn in 

court. 

Isaac Elwell deposed that he heard a general report throughout 
the harbor that Samuell Duch said that he had caught eight or 
nine barrels of mackerel. Sworn in court. 

Thomas Prence, jr., deposed that Samuel Duch came to depon- 
ent's father's house and asked Meager to go to sea with them, but 
Meager replied that he would not for he might go to Salem, where 
he could ship winter and summer. Duch told him to come with 
them and they would catch the pollock school and they would go 
down to Manegmoy and make the fish. Then Samuell Duch took 
Meager by the hand and said "wee will goe as louinge as three 
brothers and please God noe other shall goe with us . . . for we 
are all three young men and Can goe when wee will and Com when 
we will," etc. Sworn in court. 

Isack Elweell, aged about twenty-four years, deposed that Duch 
told Meager that if he went aboard the boat, he would throw him 
overboard. Sworn in court. 

Margret Prince deposed that Duch came to her husband's house. 
Sworn in court. 

t Autograph. 



1666] RECORDS AND FILES 329 

Capt. Walter Price v. Richd. Sutton. Debt. Withdrawn. 

Jon. Godfrey v. Jon. Atkinson. For arresting Godfrey and not 
prosecuting, and for beating and abusing him while he was his 
prisoner, he pretending to be the constable's deputy. Verdict 
for plaintiff.* 

Jon. Godfery, assignee of Wm. Prichett v. John Tod. Debt. 
To be paid in wheat and Indian corn. Verdict for plaintiff.f 



Margat Prince, aged about forty years, and her son Thomas 
Prince, aged about fifteen or sixteen years, deposed. Sworn in 
court. 

Thomas Prince, sr., deposed. Sworn in court. 

Nathenell Mellet, aged eighteen years, deposed. Sworn, June 
22, 1666, before Daniel Denison.| 

John Meager's bill of costs, 3H. 3s. 9d. 

*Writ, dated May 18, 1666, signed by Daniel Denison,| for the 
court, and served by Caleb Moody,t constable of Newbry. 

William Randall, aged about forty-eight years, deposed that 
Atkinson took Godfry by the throat or collar and thrust him along 
and when Godfry asked his authority, Atkinson told him he had 
the black staff. Deponent being desired by Godfry to go along 
wdth them, the latter fearing he would be killed, did so and when 
they came to Atkinson's house, the latter said he would go to 
breakfast. Godfry said that he would go to Rowly to Goodman 
Longhorne's for he had had nothing to eat, so they went along. 
When they reached Goodman Noyes' gate, Atkinson gave him a 
box on the ear and punched him on the breast and stomach and 
when they came to Goodman Moodye's lane end, he fell upon him. 
Goodman Moody, who was constable, came and Atkinson said he 
would resign the prisoner to him, to which Moody replied that he 
told him when he let him take the black staff that he would not 
be responsible for he wished to have nothing to do with Godfry, 
etc. Sworn in court. 

Sammuell Moodey,1: late constable of Nubury, certified 19 : 
4 : 1666, that he saw blood upon John Atkinson's hand and a wound 
like the biting of some creature which Atkinson said was done by 
Godfrey. Atkinson also said that Randol had threatened to knock 
him down if he took Godfrey out of the King's highway. Sworn, 
June 20, 1666, before Samuel Symonds.t 
John Atkinson's bill of charges. Hi. 18s. 8d. 
Benjamin RolfeJ deposed. Sworn, June 20, 1666, before Samuel 
Symonds.J 

fWrit, dated June 15, 1666, signed by Anthony Somerby,t for 
the court, and served by Robert Lord,}: marshal of Ipswich, by 
attachment of pasture land. 

J Autograph. 



330 SALEM QUARTERLY COURT [June 

Tho. Tuck V. Samll. Benet, sr. For withholding 31i. worth of bar 
iron paid said Benet by Edw. Richards, upon a bill of Mr. William 
Brown for the use of said Tuck. Withdrawn. 

Mordecai Craford or Eadith his wife, as his attorney v. Capt. 
Tho. Savage. Upon all accounts between them, with the mort- 
gage of the houses and lands of plaintiff, etc. Referred to four 
men.* 

Summons to John Tod, dated June 15, 1666, signed by Anthony 
Somerby,t for the court. 

John Godfrey's bill of charges. Hi. 13s. 

Letter of attorney, dated June 2, 1666, given by John Tod| of 
Rowley to Mr. Veren, clerk of Salem court. Wit: Anthony 
Austinf and John Pickard.f Acknowledged June 23, 1666, before 
Daniel Denison.f 

Bond of John Tod,t dated Mar. 1, 1655, to pay WiUiam Prichet 
twenty pounds. Wit: John Prichetf and Susana Tod.f On 
May 25, 1665, this bill was assigned by Wilham Pritchetf to John 
Godfry. Wit: John Ayre,t Thomas Kimballf and Robert Lord.f 

*Writ, dated 16 : 4 : 1666, signed by Hilly ard Veren, f for the 
court, and served by Samll. Archarde,t marshal of Salem, by 
attachment of house and land of defendant. 

Delivered by Thomas Savage, 4:4: 1662: to 1 shallop Roade 
wa 2C. 141i., 5li. 19s.; 1 pipe of Sacke, 181i.; 3 C. bread, 3h.; 1 
Barr. Tarr, 14s.; 1 Barr. porke, 4h.; 2 Fhches Bakon wa 70h., IH. 
15s. ; 1-2 C. larg nayles & 1-2 C. othr. nayles, 3s. 4d. ; 2 Grapnells, 
wa 981i., 2h. 9s.; Robt. Lawrence his wages in the Barke, 51i. 6s.; 
1 quarte Liqr. & a bottell. Is. 9d. ; a sith & 4 Rubstones, 5s. ; 1 yd. 
1-4 Cotton Cloth, 4s. 7d. ; total, 411i. 17s. 8d. 

Award, dated Salem, July 4, 1666, of Thomas Putnam,t Ese. 
Hathorne,t Jno. Curwinsf and Jona. Browne,t arbitrators for 
plaintiff and defendant. § 

On 18 : 4 : 1663, T. Giffordf (also Jefords) gave acquittance to 
Mordecay Cravett. Wit: Tho. Gardnerf and John Beckett. f 

Copy of contract, for the bark Content, made by Hillyard Veren, f 
clericus. 

John Williames and John Beckett deposed concerning Roberte 
Marshall, etc. Sworn, 30 : 4 : 1066, before Wm. Hathorne.f 

John Greene, aged about twenty years, deposed that the bark 
was delivered to Capt. Savig in good condition about Christmas, 
and that the cattle deponent drove up to pay Robard Marchell 
were the cattle in controversy. Sworn, 30 : 4 : 1666, before Wm. 
Hathorne.f 

Mordecay Crciford is Dr. : On 3:9: 1660, to particulars deliver- 
ed to Anthony Roe, 21i. 17s. lOd.; to Anthonv Roe, 51i. 9s.; to 
Richd. Hearle, 31i. 4s.; to Jno. Tapley, 31i. 6s. 9 l-2d.; to 16 yds. 

tAutograph. JAiitograph and seal. §See page 344. 



1666] RECORDS AND FILES 331 

noiles, Hi. 12s.; to Anthony Roe, 8s. 8d.; to Thomas Ashley per 
Richd. Hearle's ordr., 13s. 2d.; to Anthony Roe, IH. Is. 4d.; to 
Richd. Hearle, 31i. 7s. lOd.; to Jno. Tapley, 31i. 5s. 7 l-2d.; on 
6:9: 1660, to yr. wife, 251i. 4s. 4d.; to Anthony Roe, Ih. 16s.; 
to Anthony Roe, 15s. 6d.; on 8 : 9 : 1660, to yr. wife, 20h. 9s. lid.; 
to Richd. Hearle, 5s. 6d.; on 9 : 9: 1660, to yr. wife, 18H. 17s. 7d.; 
to yr. wife, 21h. 15s. 4 l-2d.; to 47 lb. hopes and bagg, IH. 19s. 2d.; 
to Henry Largin, 5h. 10s. 6d.; to 500 of bread delivered by Mr. 
Nicalls, 41i, 10s.; to Cap. Jno. Allen, 41i.; to Goodman Peck, 21i. 
18s. 6d.; to yr. selfe, 24h. lis. 7 1-2 d.; on 11 : 12 : 1660, to 8 yd. 
of flesh called tammie at 3s. 4d., Hi. 6s. 8d.; 1 doz. white Cotton 
hose, Ih. 2s.; 1 M. of pinnes. Is. 2d.; 1 pr. woomens fashionable 
showes, 4s. 6d. ; 3 broad howes, 10s. 6d. ; 20 yds. of yd. wide greene 
Cotton, 3h. 6s. 8d.; 20 yds. of red roule at 4s. 6d., 41i. 10s.; 47 
yds. of ozenbriggs at 19d., 31i. 13s. 8d.; to Willm. Barber, Ih. 10s. 
3d.; to Mr. Blacklech, 13H. Is. 6d.; to 2 yds. of duffles, 14s. 8d.; 
to 10 1-2 oz. of thrid, 3s. 6d.; to 12 pr. showes, 31i. 4s.; 82h. of 
hopes, bagg and all, 3U. 8s. 4d.; 1 firkin of sope. Hi. Is.; 3 bushel 
of mault, 15s. 9d. ; 2 quarter caskes of sack, 71i. ; 1 Caske of mal- 
assowes, 50 gall., 31i. 10s.; cash pd. yr. wife, 12d.; 3 C. bread dd. 
by Mr. Hauckins, 2H. 14s.; 20 hh. of salt, 161i.; to the porters, 
6s. 4d.; 1 greate Iron pot & 1 Kettle, 21i. 3s. 5d.; 1 large morter, 
lis. 5d.; 1 skillet and 1 pr. of pot hookes, 6s. 2d.; 10 bush, of 
Indian Corne, Hi. 10s.; 7 gall, of strong liquor at 8s. & the Caske at 
2s. 4d., 21i. 18s. 4d.; 12 lb. 1-2 of tobacco, 10s. 5d.; 500 of Iron 
dd. Henry Kemball, 61i.; cash pd. yr. wife, 10s.; total, 24011. 17s. 
1 l-2d. 

In 1661, delivered to Capt. Savage by me and my husband at 
Mr. Oliver's dock in Bostone, fish at money price, 3Hi. 12s. 6d.;* 
more by Edith Creford, 2 1-2 kentills of fish and a shilling's worth 
at 28 Rialls a kentill at Mr. Oliver's dock. Hi. Is., 26 kentills dd. 
by Edith Creford, 181i. 4s. ; on 8 : 5 : 1662, dd. to Capt. Savage 
at his warehouse by Mordecay Creford and his wife in Bostone, 
fish, 86h. 16s. 6d.;* on 10 : 5 : 1662, dd. fish, 171i. 13s. 6d. and Wil- 
liam Rogers dd. for me the same day to Capt. Savage, a kentill of 
fish, 16s. 6d.;* on 28 : 7 : 1662, fish dd. to Capt. Savage, and at 
Mr. Davison's at Charlstowne by Edith Creford, 561i. 10s.;* on 
Sept. 25, to Capt. Savage, 24 kentells of Refuse fish at 22 Rialls pr. 
kentill by Edith Creford, 131i. 4s.; pd. to Capt. Savage by Mr. 
Breden about 71i., pd. to Capt. Savage 31i. in money with my owne 
hands at Mr. Sherman's house, pd. Mr. Sherman to Capt. Savage, 
51i. 10s., and a horse; total, 16U.;* for Capt. Savage's son Thomas, 
his passage from the eastward and his passage from Salem to Bos- 
tone, one purpose, wth. 2 men & a boate, he was coming three 
weeks from the Eastward, dieted by Mordecay Creford & 25s. pd. 
for him at Paskataque & 12s. expense in the Barke & his use of a 

*This item is crossed out in the original. 



332 SALEM QUARTERLY COURT [June 

Barrell of Beere, 2s. 3d. & John Tapley lent him 6s., whereof Mor- 
decay & John Tapley Rec. of Capt. Savage, 20s.* 

The Barkes Charges: for new building hir, 301i.; her 4 men's 
diet 3 monthes, 12U. ; & there wages, 181i. ; for planke boards, tim- 
ber, bolts, speckes, nailes, pitch, tarr & okum, 301i.; to Anthony 
Day for seeling the cabin & small & great nailes, 31i. 16s.; for a 
month's diet for him, Hi. ; Charges coming to worke & goeing home, 
5s. ; for Mordecay Creford & 3 men 3 months diet, 121i. ; an ankour, 
2h. 3s.; a peice of Roope, 12s.; a Coyle of small cordidg, 21i.; for 
saile cloath & twine & mending the sailes, 9s. ; for nailes for the 
Rudder, Is.; a new pump, 16s. 6d.; Blockes, 5s.; a lanthorne, 3s.; 
a kan. Is. 3cl. ; an Indian ladle, 6d. ; for hir triming the second time 
after shee came home, 51i.; pump, boxes, leather and nailes, 4s.; 
total, 11811. 16s. 3d. A fore mast & maine yard, 10s.; the car- 
penter did pay for mending the vessell the first time after she came 
home by arbitration. 

What the Barke earned after shee Came home from Cape Ann: 
By Mr. Thomas Gardner to the eastward, 61i.; Brought for my- 
selfe, 30 kentells of fish. Hi. 10s.; 2 voiag came home wth. dead 
fraite except one horse & 4 kentalls of fish, 3 erned by Mr. Breden, 
14U.; by Mr. Sherman, 2711.; by Mr. Jolife, 3H.; carried to Bos- 
tone 70 barrells of makerell & 14 kentells of fish, 21i. 16s. 

Mordaca Cravet, Dr., to Capt. Saveg, 24011. 17s. 1 l-2d. and 
10711. Is. 9d. Cr., By ye mortgage, 280U.; fish, 143h. 6s. 6d.; fish 
at Mr. Oliver's, 51h. 12s. 6d.; 1 horse, 16h.; by passage. 111. 4s. 
3d. ; total, 492h. 3s. 3d. 

Mordica Craford is Dr., Feb. 14, 1660, to previous account, 
24011. 16s. 1 l-2d.; allowed for non-payment, 40n.; 28 : 10 : 1661, 
to sold to yrself , 2011. 4s. 7d. ; in 1662, to Hi. 6oz. marling. Is. 7d. ; 
3 Barrells of Tarr & 1 Bushell 1-2 pease, 211. 8s.; 8 boards, lis. 4d. 
& in money, 8s.; 1 Barrell of Pork, 911. 13s. 8d.; severall goods, 
48U. 7s. 6d. ; 1 mackrill Lyne & 1 Cod Lyne dd. to yr. wife, 4s. 4d. ; 
to goods dd. to self & wife & money paid, 43H. 18s. 3d.; 1 qr. Beef, 
llOU. at 3d. 1-4 p. li., IH. 9s. 6d.; to 5 yds. 1-4 stufe at 3s. p. yd. 
& 1-4 green say, 17s. 2d.; in 1663, to mony lent you. Hi.; to half 
a Barke sold by mortgage to me but afterward sold by yourself to 
another, 4011. ; to the product of a fishing voyage wth. two shallops 
wch. is yet wanting of the mortgage, 8011.; to a Judgment granted 
me at Sallem Court, etc., 15U. 18s. 6d.; to the marshall's fees 
about the execution, 2h. 14s.; to Rent for the house & land from 
June, '65, 81i. 

Mordica Craford is Cr., 1660, 61, 62, 63 and 65: By 1 Barrell of 
Oyle reed, of Anth. Roe, 211.; 21 Kentlls. Refus Fish dd. to David 
Rowly, 1 Hi. 1 Is. ; 18 Kentells of Refuse to Mr. Scot, on Mr. Jolif 's 
accompt at 12s. 6d. pr. Kent., IHi. 5s.; 16 Kentlls Refus to Good- 
man Sparke, 811. 16s.; 35 KenHls. 1-2 Refus dd. to Willm. Cooper, 
19h. 10s. 6d.; 18 Kentls. dd. Mr. Sowtherland, 14U. 8s.; 61 KenHls 
dd. Mr. Robt. Gibbs for Mr. Jolif 's use, 4811. 16s.; 6 Kentalls 

♦This item is crossed out in the original. 



1666] RECORDS AND FILES 333 

Refus dd. Mr. Sowtherland, 31i. 6s.; 1 Kentall reed, of Willm. 
Rogers, 16s.; 40 Kentlls Refus, 231i.; 28 Kentlls, merchantable, 
22 Refus, dd. Mr. Wollistone, 3411. 10s.; 1 sorell horse, 12h.; mort- 
gage, 280h.; 2 cowes, 9h, 15s. 

John Grine certified concerning a quintal of cuske fish. Sworn, 
2:5: 1666, before Wm. Hathorne.* 

Peter Ohver testified that three or four years ago he savv^ Mordica 
Cravit's bark in shelter-dock and saw his wife deliver fish to Capt. 
Savadg. Sworn in Boston, June 2, 1665, before Edward Tyng,* 
commissioner. 

John Tapley, aged about twenty-seven years, deposed that 
Crifat was in prison twenty-four hours, and was under bail from 
February to the county court at Boston because Capt. Saveige had 
Crifat's estate in his hand. Also that Capt. Saveige received the 
bark in good condition and in February her head was broken down 
and she was lying at the wharf in a dangerous position. Further 
that John Sade and deponent went to Capt. Saveige, etc. Sworn, 
30 : 4 : 1666, before Wm. Hathorne.* 

John Taply, aged about twenty-five or six years, deposed that 
Mordig Craford's wife was at Boston several times to have a settle- 
ment, etc. Sworn, 15 : 2 : 1665, before Wm. Hathorne.* 

Mathu Prise, aged about thirty-seven years, deposed that he 
was at Thomas Barnes' shop door, when Thomas Savige, jr., came 
on horseback from Crifate's. Deponent asked him how much he 
gave for it, etc. Sworn, 30 : 4 : 1666, before Wm. Hathorne.* 

Edith Craford deposed. Sworn, 4:5: 1666, before Wm. Hath- 
orne.* 

Edward Alleyn* testified concerning the fish in Mr. Oliver's 
dock in Boston. Also that when he went with Mordecay Cravitt 
he did not remember that he had a barrill of malligo sack of Capt. 
Savige but one of Capt. Oliver. They came to deponent's house, 
etc. Sworn in Boston, June 23, 1665, before Edward Tyng,* com- 
missioner. 

Alexander Willy, aged about fifty years, William Tibbon, aged 
about twenty years, and John Grine, aged about seventeen years, 
deposed that when Thomas Jefferds w^as working about the vessel 
he struck at his mate with a mallet and missing the man split a board 
with the blow. The quarrel w^as because his mate asked for pro- 
visions, saying his stomach was not half full. Said Jefferds received 
his pay for the work, etc. They further testified that they carried 
a pot of butter to Thomas Jeffers, ship carpenter, also cheese, pork, 
beef, bags of turnips, bread, flour, a peck of Indian beans, one hogs- 
head and eight barrells of strong beer, etc., and that said Jeffers 
made divers people drink of the beer that came into the house. 
Also that they worked for said Jeffers and Mr. Cravitt paid An- 
thony Daye for work done about the bark, etc. Sworn, 28 : 1 : 1663, 
before Wm. Hathorne.* 

* A utograph. 



334 SALEM QUARTERLY COURT [June 

William Beale, attorney to Samuell Legg v. John Peach, sr. 
For refusing to deliver lOOli. according to covenant. Verdict for 
plaintiff.* 

John Grene, aged between nineteen and twenty years, deposed. 
Sworn, 15 : 2 : 1665, before Wm. Hathorne.f 

*Writ, dated June 20, 1666, signed by Moses Mavericke,t for 
the court, and served by Ambros Gall,t deputy constable for 
Samuell Ward, by attachment of house, orchard and commonage 
of defendant. 

William Beales' bill of cost, Hi. 19s. 4d. 

Mary Woods, aged about twenty years, deposed that she was 
desired by Samuell Legg to call John Peach, sr., to her house and 
Legg asked Peach if he would hold his part in a ketch with him, 
saying that there was a ketch at Salem which was in part owned 
by Mr. Beckett, Mr. Ruck and Goodman Curtice, the smith, and 
if he pleased he might have a quarter part of it. Said Peach 
answered that the times were now dangerous and that those who 
had greater estates than they, would hardly venture at sea but 
when the times changed he might venture. Legg replied that he 
would make him say that the crow was white before he had done 
with him and that he had not served seven years without learning 
some knavery. Peach answered that he was not willing to deal 
with knaves but with as honest men as he could, etc. Sworn in 
court. 

Thomas Hoer, aged about twenty-four years, deposed. Sworn 
in court. 

Elizabeth Legg, sr., deposed that John Peach said "Well Cozen 
Samuell if this Hundred pounds doe well in ye Cach when I dy He 
giue it to To my cozen Betty." Sworn in court. 

Grace Joanes, aged twenty-five years, deposed that she saw the 
papers signed, etc. Sworn in court. 

Agreement, dated Dec. 27, 1665, between John (his mark) Pech, 
sr.,| of Marbelhead and Samuell Legg, mariner, the former was 
to deUver lOOli. to said Legg, one-third in money, one-third in 
provisions and the other third in shop goods, with which to buy 
part of a vessel or ketch of forty or fifty tons, of which Legg was 
to be master and have a quarter part himself, etc. Wit: Willam 
Wateresf and William (his mark) Bound. 

Letter of attorney, dated June 12, 1666, from Samuell Legg,t 
mariner, of Marblehead to WilUam Beale of Marblehead. Wit: 
Richard Reedf and John Legge, jr.f 

Copy of agreement, dated Boston, May 10, 1666, between John- 
athan Baulston, shipwright, of Boston, and Samuell Legg, mariner, 
the former selUng said Legg one-half of a ketch or vessel now stand- 
ing upon the stocks near said Baulston's house. The ketch was 

fAutograph. JSeal. 



1666] RECORDS AND FILES 335 

Capt. George Corwin v. Robt. Codner. Debt. Mr. Jonathan 
Corwin swore to the account in the book, in which said Codner 
owned he received corn and pease, etc. Verdict for plaintiff.* 

Mr. Philhp Cromwell v. John Leach, sr. Debt. Withdrawn. 

Richd. Haven and William Bassett were sworn constables for 
Lyn, and Steephen Glover for Gloster. 

Christopher Milton v. Edmund Bridges. Debt. Verdict for 
plaintiff, defendant to deliver the cow or pay a fine.f 

Elias Wiett, lately deceased at sea, dying intestate, administra- 
tion upon his estate was granted to John Lambert, jr., who was 
ordered to bring in an inventory to the next Salem court. 

The inhabitants of Topsfeild and the villagers adjoining there- 
unto, having by order of Major Danyell Denyson, met together 



to be forty-four feet by the keel upon a straight line, two bee 
seventeen feet by the midship beam and two bee nearest nine feet 
deep in the hold from plank to plank ; she was to have also a pink 
stern and a close steerage and a fall into the hold under the half 
deck and two bee strong stinch and thith with all other conveni- 
ences as such vessels have when they go off of the stocks, excepting 
iron work. Said Legg promised to pay for one-half of the hull of 
the ketch at the rate of 31i. 8s. per ton and two bee measures, accord- 
ing to the accustomed measure of Boston, etc. Wit: John 
Litilton and Samuell Johnson. Copy made, June 22, 1666, by 
Robert Howard,! notary public. 

WiUiam Watters, aged about thirty-three years, deposed that 
he was a witness, etc. Sworn, 26 : 4 : 1666, before Wm. Hathorne, t 
assistant. 

William Bound and William Waters deposed. Sworn, 26 : 4 : 
1666, before Wm. Hathorne. J 

*Writ, dated May 8, 1666, signed by Hillyard Veren,t for the 
court, and served by Samll. Archarde,| by attachment of house 
and land. 

tWrit, dated May 14, 1666, signed by Robert Lord,t for the 
court, and served by Isaacke Commings, jr.,t deputy constable 
for Isaacke Commings, sr.,t constable of Topsfield. 

Edmund Bridges' bill of charges. Hi. lis. 6d. 

Bond of Edmond Bridges^ and John Wiles, sr.,t of Topsfeld for 
Bridges appearance at the constable's pleasure at his father's house 
in Ipswig, etc. Wit: Isaac Comings, jr.,| deputy constable. 
Neither party appeared upon the date set. 

Bond of Edmond BridgesJ of Topsfeild, dated 16 : 1 : 1665, to 
Christopher Milton of Ipseigh, for 4h. 3s. lOd. to be paid to Thomas 
Boushap, merchant, of Ipsich, and for security he offered his 
black cow which he tendered John Numarch. Wit: John GouldJ 
and John Kenarick.J 

JAutograph. 



336 SALEM QUARTERLY COURT [June 

in a military way and chose officers of a foot company of train 
soldiers, as follows, John Redington, sergeant-in-chief to command 
the company, Joseph Bigsby, sr., sergeant, Abraham Redington, 
sr., clerk, and Edmund Towne, John Cumins and William Smith, 
corporals, the court confirmed them.* 

Abraham Whittyeere of Manchester was freed from common 
training. 

Administration upon the estate of John Farrington, late deceased, 
was granted to Elizabeth, the widow, who brought in an inventoryf 
amounting to 25111. 7s. 3d., the distribution of which the court 
would later order. 



*Petition to the court to confirm these officers, dated Topsfeild, 
21 : 4 : 1666, signed by Daniel HoveyJ and William (his mark) 
Avril, in the name of the rest. Thomas Perkins and Jacob Town 
were appointed to present the petition for the company. 

flnventory of the estate of John Farington, taken May 14, 1666, 
by John HathorneJ and Joseph Jenckes:J The water mill, dame, 
fludgates, mill house, etc., 1901i. being in equal partnership wdth 
Edmond Farington, the one-half of all belonging to deceased, 95li.; 
a new end aded to the ould house with a brick chimny not being 
finished, 351i., one-half being the deceased, 171i. 10s.; a barne not 
finished & a smale cow house adjoining at 181i., one half, 91i.; the 
lott of land, 9 acres, adjoyning the house at 51i., one half, 241i. 10s.; 
a lott of salt marsh, 6 acres, in the town marsh, at 51i. per acre, one- 
half, 151i.; 2 oxen at 121i., one-half, 61i.; 2 steers at 3 yeare old at 
51i. per year, one half, 51i.; one cow undivided at 41i. 15s., 21i. 7s. 
6d.; a yearling at 40s., Hi.; 6 ewes at 13s. p. peece & 3 lambs 6s. 
p. peece, 21i. 8s.; 6 swine at Nahant at 18s. p. peece & three smale 
shoote at home, 31i. 3s. ; 27 bushels of Indian corne in the chamber 
at 3s. p. bushell & a bushell of barly at 4s., 21i. 13s. ; near 100 waight 
of tobacko in the same chamber at 3d. p., 12s. 6d.; severall old 
barrills, 2 bee hiues, som ould boards, 15s., 7s. 6d. ; sett of ould 
boxes, severall ould augers & chissels, old hand saw & 2 pichforks 
at 13d., 6s. 6d.; a cross cutt saw, 5s., 2s. 6d.; 3 axes, 6s., 2 wedges 
& rings, 3s. 6d., & severall ould sithes, 7s. 3d. ; 1-2 bushell & a peck 
& grinding stone & spindle & a lader & a sledg at 21s., 10s. 6d.; a 
spad & a shovell, 2s. 6d.; his wearing clothes, a cloath jockett. Hi. 
10s.; e'oath cloak, 3H.; strait bodyes, carsee coat, Ih. 15s.; a redd 
coat, IH.; sute, 30s., & lether breches & ould coate, 21i. 8s.; a wes- 
coat & old breches, 12d. & a paire of boots, 20s., Hi. 12s.; 3 hatts, 
15s.; a sword, 15s. & a belt, 2d., pistill houlster brest plat, 25s., 
21i. 3s.; a sadle, stirup & girts, Hi. 10s.; snaphanc muskett. Hi.; a 
flock bed, 2 boulsters & a pillo, 30s., & 5 blankets & a rugg, 51i.; 3 
paire of sheets, 31'. 7s., & 3 shirts, 20s., & hollon shirt, 10s., 51i.; 6 
JAutograph. 



1666] RECORDS AND FILES 337 

Henry Lee was sworn constable for Manchester. 

Hana Roff chose Nicholas Holt, her father-in-law, as her guard- 
ian, said Holt being bound to pay her her portion when she comes 
of age. 

Mr. Oliver Purchas was confirmed lieutenant of the foot com- 
pany of Lynn. 

Phillip Stanwood was confirmed eldest sergeant, and Tho. Millet, 
second sergeant, of the foot company of Gloster. 

William Edmonds and Joseph Bowd had their licenses renewed. 

Samuel Ward of Marblehead had his former license for retailing 
strong waters renewed for a year. 

Mr. Jon. Ruck and Mr. John Gidney had their licenses renewed. 

Mr. Eleazer Hathorne and Mr. William Browne were licensed 
to retail strong water for a year. 

Bridgett, widow of Richard Window, petitioned to the General 
Court, which was referred to this court, that she had been left in 
a poor condition, her husband having disposed of his estate by will 
to his children. The court, understanding that there was a cow 
ordered by her husband to be delivered to his wife after his decease, 
though not expressed in the will, ordered the administrators to 
deliver that cow or another cow as good to said Bridgett.* 

Clement Coldum, having been chosen ensign of the foot com- 
pany of Gloster, and recently upon some difference among them or 
dislike of some among them of the said choice, was, upon his own 

napkins, 12s., & 2 bands, 4s. & a scarfe, 8s., Hi. 4s. ; 4 peuter dishes, 
19d., & pott & candlestick, 3s., Ih. 2s.; an ould brass pott & kittle 
& ladle, 13s. ; pott hook hanger, and iornes & tongs & spitt, 16s. ; 
3 tubbs, a peale & other wooden weare, 8s. ; a frieing pan & 2 knifes, 
4s., erthen weare, Is., 5s. ; 2 chest & a cradle & spineing & a fourme, 
16s.; 7 pound of hnen yarne, 17s. 6d., 3 pound wool yarn, 6s., Hi. 
3s. 6d.; a paire of card bellous & a barill, 6s.; smouthing Iron 
& a looking glase, 2s.; 2 cowes, 9h. 10s.; horse, 9H.; a meare & a 
2 yeare ould colt in the woods if liveing, llli.; a pillion & a panill, 
16s.; 65h. 6s. 6d.; total, 25111. 7s. 3d. 

*Bridget Window's petition: That she had been married to 
Richard Window of Glocester and had brought to him estate to 
the value of 401i. When he died his estate amounted to 21211., 
and all she received was 30s. per year, she being now aged and not 
able to work for her maintenance, and James Stephens, the over- 
seer, not providing her even with bread or beer. Copy made. May 
23, 1666, by Edw. Rawson,t secretary. 

t Autograph. 



338 SALEM QUARTERLY COURT [June 

request, dismissed from common training, unless the said com- 
pany see cause to continue him their ensign. 

William Rayner, husband of Elizabeth, late wife and adminis- 
tratrix of Humfry Gilbert, deceased, was ordered to deliver to 
Hanna Gilbert, daughter of the said Humfry, a great kettle, a box 
and a pewter platter, which were mentioned in the inventory of 
the said estate.* 

Benjamin Parmiter and Mr. Lattamore had their former licenses 
renewed. 

Mordecaie Craford withdrew his action against Capt. Tho. 
Savage, upon their mutual agreement to refer all differences to 
Leift. Tho. Putnam, Mr. Eleazer Hathorne, Mr. John Corwin and 
Mr. Jonathan Browne, the latter to make their return the next 
week. They were to meet at the house of Mr. John Gidney, sr., etc. 

Richard Prior and Martha Hobbs, having been bound over 
to this court by the Worshipful Mr. Samuell Symonds, for com- 
mitting fornication, and confessing, had their execution respitted 
until after the birth of the child, when she was to be brought to 
Salem or Ipswich for sentence. 

Roger Preston, dying intestate, and the estate being not suffi- 
cient to pay his debts, it was ordered that all the creditors bring 
in their accounts to the next Ipswich court, and that they should 
be paid proportionally as far as the estate would go. Those who 
failed to appear would be liable to lose their amounts due, the next 
court being the time limit for making division of said estate among 
the creditors. This order was published in court. 

Samuell Archard, marshal, having requested the court to allow 
him to resign, court accordingly dismissed him, to take effect after 
the present court was ended. 

Jeremiah Meachum was granted administration upon the estate 
in this country of Thomas James, late deceased, and was ordered 
to bring in an inventory to the next Salem court. 

*The wife of William Geare deposed that she heard Goodman 
Gilbert say when he made his will that the bed, kettle and some 
other things were to be Hanna's. 

Ellen Haselton, aged about twenty-five years, deposed that 
Goodwife Gelbord gave her daughter, upon her death bed, a great 
brass kettle, a pewter platter and a black box. 

Elisabeth Hotten deposed that Gilberd said that there were 
several things his other wife had given his daughters and he would 
not alter it. Sworn, 27 : 4 : 1666, before Wm. Hathorne.f 

fAutograph. 



1666] RECORDS AND FILES 339 

Edward Eastwick, djdng intestate, administration upon the 
estate was granted to Hester, the widow, who brought in an inven- 
tory* amounting to 321i. 3d. She was to pay to her several chil- 
dren, 40s. each, at age or marriage, and if more debts appeared, 
such amount was to be deducted out of every one's share, etc. 

Hester Estwick was appointed administratrix of the estate in 
this country of Capt. Benjamin Fermayes, deceased, and was 
ordered to bring in an inventory to the next Ipswich or Salem 
court. 

Mr. Tho. Gardner, sr., was licensed to retail strong water. 

Edmond Bridges acknowledged judgment to John Goold. 

Tho. Oliver, for wilfully refusing to assist the constable, was 
fined. Job Hillyard engaged to pay it, and Samuell Archard, 
marshal, accepted it. 

Henry Skery was chosen and sworn marshal, and the court 
allowed him 41i. per annum, the same as the former marshal had. 

Robert, son of Tho. Wilkes, deceased, requested that he might 
have the estate of said Wilkes delivered to him for his own use, 
which amounted to about 301i., in the hands of Mr. Edmund Batter, 
administrator, who held it for said Robert until he became of age. 
Court understanding that he was now of age and able to improve 
it, ordered that it be delivered to him. 

Ordered that summons be issued by the constable of Newbery 
to summons Samll. Moody and John Atkinson to appear at next 
Ipswich court, the former to answer for making said Atkinson his 
deputy, and the latter for executing the deputy's office in his own 
case. 

*Inventory of the estate of Edward Estwick, taken June 22, 
1666, by Edmund Batterf and Francis (his mark) Nurce: One 
house & 1 Acre 1-4 of Land, 351i. ; Cow & Calfe, 51i. 5s. ; 1 Cubbard, 
4 Joinstoolls & table. Hi. 12s.; 6 Chares & stoole, 10s.; Iron Pott 
& 2 Iron Kittles, 10s. ; 2 hauks, 2 spitts, 1 p. And Irons, 1 frying 
pan, 1 Iron skilHtt, 1 p. of tongs, fire shovell & grid Iron, 21i.; 
Erthen ware & glaces, 12s.; pewter, Hi. 10s.; 1 great brass kittle 
& other brass, 31i.; Lumber, 13s.; Iron ware, 17s.; Lumber in ye 
chamber, 10s.; 3 p. of sheets, 31i.; 6 Napkins, 12s., other Linen, 
12s., Hi. 4s.; 1 bed furnitture & chest, 41i. 10s.; 1 bed & furnitture, 
7U.; 1 muskit, sword & buUitts, Hi. 10s.; 1 Cradle & Filler, 10s.; 
1 Chest & Table, Hi.; total, 70U. 3s. Debtor: to Mr. William 
Browne, 16h. lis. 5d.; Mr. Phillip Cromwell, 13li. 10s.; Francis 
Nurce, 61i. Is. 4d.; John Neale, 21i.; total, 381i. 2s. 9d. 
t Autograph. 



340 SALEM QUARTERLY COURT [June 

Capt. William Trask's will* and inventory! brought into court 
by John and William Trask, executors, were allowed. 

Frances Lawes' willj and inventory, brought into court by 
John Neale and Mary, his wife, were allowed. 

*Will of William Trask, sr., of Salem, dated May 15, 1666, was 
proved by Joseph Boyes and John Hill. 

He bequeathed to "Sarah my wife the north end of my dwelling 
house during the tearm of her life I doe allso apoint that shee shall 
haue some of the fruit of the orchard for her owne use & a little 
spot for a garden if shee desires it during the time of her life. Item 

1 giue unto Sarah my wife sixteene pounds p annum to bee paided 
unto her yearelie for her maintenance during the time of her life, 
& allsoe I giue her a cow, which cow is to bee sommerd & winterd 
for her, by the executors during the time of her life. Item I giue 
unto my son william all the meadow that lyeth vpon the side of the 
riuer betweene the upper & the lower mills & allso the upper mill 
pond to william. 

"Item I giue unto my two daughters Sarah & Susan sixteene 
pounds a peeice. Item I giue unto my daughter mary twentie six 
pounds & this to bee paid out of my estate by my executors in the 
space of three yeare & a halfe after my decease. Item I giue unto 
my grandchildren 10" a peice. Item I doe apoint my two sons 
william & John to be executors of this my last will & testament 
giuing them all the rest of my estate to bee equalli deuided be- 
tweene them." Wilham (his mark) Traske, sr. 

"Item as concerning my household stuff I apoint that none of it 
shall bee made away or disposed of so long as my wife hues but 
she to haue the free use of it as formerly & after her decease I giue 
vnto my daughter mary the great brasse pan & to my son william 
my bed & bedding that I now lye upon & the rest to be devided 
as above said." William (his mark) Traske, sr. Wit: Joseph 
(his mark) Boice and John Hill.§ 

flnventory of the estate of Capt. William Trask, appraised, 
June 1.5, 1666, by Thomas Robenes and John Hill: House, upland 
and meddo, 160H.; the mill, lOOli.; 5 Cowes, 221i. 10s.; 2 steares, 

2 years ould, 51i. ; 2 hefers, 2 years old, 41i. 10s. ; 2 year ould hefers, 
31i.; 4 Cauefes, 2H. 5s.; 3 Ewes & 3 Lambes, 2H. 10s.; 9 swine, 51i. 
5s. ; 1 mare & 2 Coultes, 61i. ; bras & puter, 51i. ; 3 Beades & furni- 
tuer, 301i.; pootes & other iorn trade, 31i.; other ioren tooles, 21i.; 
2 steares, 3 yeare old, lOh.; wareinge Clothes, 5H.; 2 Chestes & 
other Lumber, 31i. ; total, 36411. Also a copy of the same made by 
Benja. Gerrish,§ clericus. 

J Will of Frances Lawes of Salem, dated Nov. 6, 1065, proved by 
Hillyard Veren,§ and Bartholomew Gedney:§ "My will is that 

§Autograph. 



1666] RECORDS AND FILES 341 

my son in law John Neale & my daughter Mary his wife, after my 
decease, shall haue & injoye to theire owne pper use & behoofe, 
the time of theire Hues, Joyntly & seuerally, all my howseing & 
land that I shall dy possest of, or is of right belonging vnto mee, 
both upland & meddow, with ye Oarchard & all appurtenances, 
lying within the bounds of Salem, aforesd, whoe shall keep the 
pmisses in good repaire, & soe leaue it at the time of theire decease, 
to be disposed of as followeth. I giue vnto Jeremiah: son of my 
said son in law John Neale, my pt of a ten Acre lott, lately bought 
in ptnership with my said son in law Neale, of frances Scerry, my 
pt being the one halfe, which my said Grandchild shall injoy to 
him & his heires, after y'' decease of his s^ Father & mother, John 
& Mary neale. I giue vnto Johnathan son of my son in law John 
Neale, my dwelling house which I now Hue in, with all ye out- 
houses belonging therevnto, together with fine Acres of land In- 
closed & ad joying to said houseing, be it more or less as alsoe all 
that my lott, bought formerly of M'' Bishop lying in the further 
end of y® north feild in Salem north ward, with a strip of land 
adjoying boughtof m'' tho: Read & a little strip of marsh adjoyning, 
giuen me by the Town to haue & in Joy the afore mentioned p'^mises 
to him & his heires for euer, next after y'' decease of his said father 
& mother John & mary neale. I giue vnto Joseph son of my son 
in law Jon. Neale, two Acres of ground more or less, with the Barne 
standing there vpon, which is adjoying to y*" aboue mentioned 
houseing & land, & is a part of that ground I Bought of m"" Edmond 
Batter, & was formerly Tho : Antrums deceased & is bounded on y° 
north with the street & on the east with y^ land of mine, formerly 
y^ land of Richard graues, on y'^ south with y^ land of John & Jona- 
than Pickering & on the west with y^ land latly of John Kitchin, 
to haue & to hold the same next after the decease of said John & 
mary neale, his said father & mother. 

"I giue & bequeath vnto my fine grand children, the children of 
my son John neale by mary his now wife: viz. Jeremiah, John, 
Jonathan, Joseph & Liddea: neale, fifty pounds sterling, betweene 
them, that is to say tenn pounds each of them to be paid vnto 
them or either of them, out of mj^ estate, by my executors, when 
they shall accomplish the age of one & twenty years, seuerally. 
And my will is that yf any or either of them decease before they 
shall accomplish the age of one & twenty years, that then his or 
theire portion shalbe divided equally betweene y'' surviuers, and 
my will is that it be soe understood with respect to what I haue 
before bequeathed to any of them, yf they or either of them shall 
decease before they come to age as aforsd then there pt to be 
devided between those that shall surviue & accomplish the age of 
twenty one yeares as aforesd, I giue vnto Mary my sd daughter 
my best feather bead, with all that belongs to it viz. bolster pil- 
lowes Couerings Blanketts sheets, with y^ greene say Curtaines & 



342 SALEM QUARTERLY COURT [June 

Mr. Moses Maverick was appointed administrator of the estate 
of William Rayner, deceased, and was ordered to bring in an inven- 
tory and witnesses to prove the will, at the next Salem court. 

Court ordered Jane James, widow, liberty to sell the land men- 
tioned in an inventory on file of the estate of her deceased husband, 
and of the effects, to build her a house upon part of the said land 
or elsewhere in Marblehead. The overplus was to be delivered 
into the custody of the Worshipful Maj. Wm. Hathorn and Mr. 
Moses Maverike, to be used for necessities during her life, the two 
latter having charge of selling the land and building the house, 
and to order where the house should be built. 

Samuell Archard, sr., presented for being disguised with drink, 
was fined upon his confession. 

vallens & all other appurtenances, to be to y° sole & proper use & 
behoofe of my sd daughter & assignes foreuer. I giue to my grand 
child John neale aboue said, all my weaueing Tackhng as Loomes, 
slease, harnes & what euer elce belongs there vnto, provided he 
make use of it him selfe, other wise to be to my daughters Maryes 
use & dispose, Alsoe my will is that in case my said son John & 
Mary neale shall in the time of theire hues, or either of them, shall 
make any new Adition of Building to y*^ howesing aboue said 
wherby the said bowsing is & shalbe bettered at the time of theire 
decease when theire son John shall com to injoy it, that then y^ 
said John shall pay y" value there of vnto his Brother Joseph yf 
then surviueing. I Appoynt my son in law John Neale, & mary 
his wife (my daughter) to be executors, Joyntly& seuerally," etc. 
Francis Lawes.* Wit: Hillyard Verenf and Bartholomew Ged- 
ney-t 

"further my will is that, my Grandchild Jonathan aboue men- 
tioned when he shall come to Injoy the housen & land aboue men- 
tioned next after y*^ decease of his said father & mother as abousaid : 
he shall pay or cause to be paid to his Brother Jeremiah & John or 
theire asignes the sum of thirty pounds sterling that is to say in 
one yeare after the said Jonathan injoyes the said house & the 
third yeare the other ten pounds to John." 

Inventory of the estate of Francis Lawse, taken June 28, 1666, 
by Edmund Batterj and Bartho. Gedney:t One howse & Lands, 
6 or 7 ackers about the house with barn and other out buildings, 
20H.; 15 ackrs. of Land in ye North field, 151i.; 5 Cowes att 41i. 
10s., 221i. 10s.; 1 mare & 2 Colts, 8h.; 1 Bed & furnitture, 51i. 10s.; 
1 chest & 1 chare, 10s.; weareing aparrell, 51i.; Lining, 6h.; 1 
fether bed, 2h.; pewter & Iron potts, Kitells & brass, 2h. 10s.; 1 
Lume & tackle, 51i.; total, 1921i. 

*Autograph and seal. f Autograph. 



1666] KECORDS AND FILES 343 

Tho. Tuk, presented for cursing Capt. Lothrop, was fined upon 
his confession.* 

Town of Salem, presented for defect in a common pound, was 
fined 51i., if it were not made sufficient in a fortnight. 

Jon. Boneface, alias Bourne, presented for swearing, was fined 
upon his confession. Thomas Robins engaged to pay it.f 

Joshua Codner, presented for swearing, was fined.J 

Robt. Knight, presented for making a common highway im- 
passable, by digging and making a trench, was ordered to make 
good the said way in one month or pay a fine.§ 

Thomas Robbins, presented for frequent absence from the public 
ordinances, was dismissed, upon his statement that he does attend. 
The following were fined for the same offence : Jon. Maston, sr., 
and Samuell Shattock and wife, fines paid by Mr. Samll. Gardner; 
wife of Richd. Gardner, fine paid by Mr. Cromwell; John Kitchin 
and wife, fine paid by Mr. Jon. Gidney, sr, ; wife of Robt. Buffum, 
fine paid by Mr. Eleaz. Hathorn; Michael Shaflin. Josiah South- 
wick, John Blevin and Danyell Sothwick, upon refusal to pay their 
fines, were ordered to be whipped. || 



*Presented for saying "the diuell take you," he being disguised 
with drink. Wit : Capt. Lothropp, Bartholmew Gedney and 
Henry West. 

fMarblehead presentment. Wit : William Charles and Richard 
Hawly. 

ISamuel Ward, aged about twenty-eight years, deposed that he 
heard him swear in William Niks' stage while talking with Robert 
Bartlett. Sworn in court. 

§Marblehead presentment. He dug the trench to set a mill. 
Wit : William Charles. 

Summons for the Marblehead presentments and witnesses, dated 
June 28, 1666, signed by Hillyard Veren,^ cleric, and served by 
Samuell Ward,^ constable. 

II William Maston, the wife of Lieut. Gardner, Richard Gardner, 
Edward Wharton, Joseph Buffam and his wife, the wife of Rob. 
Wilson, Joseph Boyce, sr., wife of Josias Suthwick, wife of Danyell 
Suthwick, Samuell Gascoine and his wife, Robert Stoone and his 
wife, Joseph Pope and his wife, George Deane and his wife, Samuell 
Robinson, wife of Mr. Thomas Gardner, John Smith and his wife, 
John Small and his wife, wife of Anthony Nedum, John Burton 
and the wife of Mathew Nixson were summoned but did not appear. 
Robert Wilson's wife was very ill. 

^Autograph. 



344 IPSWICH QUARTERLY COURT [Sept. 

Fined by the Worshipfull Major Hathorn: — 

On 5 : 12 : 1665, Jon. Williams, Robert Leman's man, for theft 
in the ketch Three Sisters. 

On 19 : 1 : 1665, Jon. Archard, for being drunk, breach of the 
peace and abusing the constable. 

Upon complaint of the constable of Marblehead against Mr. 
Wm. Sprage, for selling strong waters contrary to law, was willing 
to pay five pounds rather than be bound over to Ipswich court. 

On 26 : 2 : 1666, Joseph Armitage, for being distempered with 
drink. 

On 23 : 4 : 1666, James Bette of Wenham, for drunkenness. 

Obadiah Rich was fined by the constable, Samuell Williams, for 
being drunk. 

The servants of Mr. Gidney's house were allowed 7s. and Mr. 
Brown's maid, 18d. 

Award, dated July 4, 1666, of Tho. Putnam, Eleazer Hathorne, 
Jon. Curwin and Jonathan Browne, arbitrators for Capt. Thomas 
Savage and Mordecaie Craford: Capt. Savage was to have pos- 
session of the houses and land in the neck, with twenty acres at 
Seader stand according to mortgage, dated Dec. 27, 1661, and 
Mordecaie Craford was to pay him 14li. 12s. 9d. 

Certificate given by John Maxwell, minister of Port Royall, 
Jamaica, dated 9:7: 1666, of the marriage there of Alexander 
Joanes and Jeane Sient, on Oct. 1, 1665, by virtue of a license from 
his excellency Sir Thomas Muddyford. Wit : Samuell Legg. 
Sworn by William Bush, aged about fifty-six years, and Samuell 
Legg, aged about twenty-four years, Nov. 1, 1666, before Edward 
Tyng, commissioner. Recorded by Hillyard Veren,* cleric. 

Court held at Ipswich, Sept. 25, 1666. 

Judges : Mr. Symon Bradstreet, Mr, Samuell Symonds, Major 
Genii. Denison and Major Wm. Hathorne. 

Grand jury : Ens. Tho. Howlett, Robert Day, Fran. Wain- 
wright, Edw. Chapman, Edw. Bragg, Wm. Coggswell, John Knight, 
Sam. Plumer, Wm. Tittcom, Robt. Hasseltine, James Barker, Wm. 
Tenny, Tho. Perkins and Rich. Barker. 

Summons for the Salem presentments and witnesses, dated 
28 : 4 : 1666, signed by Hillyard Veren,* cleric, and served by 
Samuell Williams,* constable. 

*Autograph. 



1666] RECORDS AND FILES 345 

Jury of trials : Capt. Jo. Appleton, Mr. Jo. Paine, Symon 
Tompson, Walter Roper, John Andrews, Abra. Toppan, Antho. 
Sumerbye, Jo. Webster, John Scales, Jo. Person and John Gould. 

Civil cases: — ■ 

John Leigh, sr. v. Susan and John Roberds. Trespass. Verdict 
for plaintiff, the title of the land.* 

John Godfry v. John Remmington. Forfeiture of a bond. Ver- 
dict for plaintiff, damage in merchantable wheat. 

John Godfry v. Edward Yeomans. Debt. Verdict for plaintiff. 

Edward Harraden v. James Steevens. Trespass. Nonsuited. 

John Tod v. Mr. Anthony Crosbie. Forfeiture of a bond. Ver- 
dict for plaintiff. 

Ezekiell Northend and John Pickard v. John Woolcott. For 
withholding a debt. 

Frances Burrell v. Thomas Farrar. Trespass. Upon a replevin. f 

*Writ : John Leigh, sr. v. John Roberds and Susan Roberds 
his mother; trespass, for mowing and carrying away his grass or 
hay from his marsh at Hogg Island, which he bought of Thomas 
Lord, and for claiming said marsh; dated Sept. 19, 1666; signed 
by Robert Lord, J for the court; and served by Robert Lord,t 
marshal of Ipswich, by attachment of barley and wheat in the barn 
of Susanah Roberds. 

fWrit of replevin : the grass or hay cut by Francis Burrell in 
Rumney marsh on land bounded northerly by a ditch, southerly 
by Robert Potter, westerly by John Edmunds and easterly by the 
stakes to the Island, now detained by Thomas Farrer; dated 
20 : 6 : 1666; signed by John Wayte,t for the court; and served 
by William Bassett,t constable of Lin. 

John Lewes, aged about thirty-four years, deposed that Buriell 
told him that he would like to exchange marsh with Thomas Farer. 
Sworn, 24 : 7 : 1666, before Wm. Hathorne,t assistant. 

William Crofts and his wife Ann deposed that Fransis Boorill 
and Thomas Pharar came to their house and the agreement for 
exchange of nine or ten acres of land was drawn up. That said 
Ann Crofts kept the paper until Andru Mansfelld, with Boorill 
and Pharar, came to give a deed of assurance, etc. 

Richard Haven, aged about forty odd years, deposed that Burill 
exchanged marsh containing "rushye stuff" for a parcel of "seagye 
marsh," and deponent blamed him for doing it because his was 
near at hand and the other was far away. However, Burill said 
he was well content because he had plenty of rushy stuff at home. 
Sworn, 17 : 7 : 1666, before Wm. Hathorne,^ assistant. 

lAutograph. 



346 IPSWICH QUARTERLY COURT [Sept. 

John Lighten v. Thomas Borman. Trespass. Upon a replevin. 
Special verdict. They found that the grass in controversy was 
upon an island in the river surrounded by water at low water mark, 
and also that there was a reservation of two rods by the town upon 
said river before the defendant's grant, yet if the law gives it to 
defendant, they find for defendant, etc. Court found for plaintiff. 
Appealed to the next Court of Assistants. Thomas Borman and 
Robert Kinsman bound.* 

John Knight v. John Woolcott. Debt. Verdict for plaintiff.f 

Thomas Newall, jr., aged about thirty-five years, deposed that 
Burill heard that Farar would not suffer a highway to go over the 
land he had exchanged and further that he would not allow said 
Burill to go over without paying, etc. Sworn, 17 : 7 : 1666, before 
Wm. Hathorne,! assistant. 

*Stephen Peirce, aged about fifty-five years, and Cristopher 
Milton, aged about thirty years, deposed that the place which 
Thomas Cleark and Samuell Bishop showed as the place where 
Goodman Laiton cut this thatch, was an island in the river about 
forty rods long. Sworn in court. 

Daniell Hovey, jr., and Thomas Clerke, jr., deposed that at low 
water the island was surrounded by water, for they had worked 
there before low water until the tide rose again. Sworn in court. 

Thomas Clarke, aged twenty-eight years, and Samuell Bishop, 
aged twenty-one years, deposed that going down the river they 
saw Goodman Laiton cutting creek thatch, etc. Sworn in court. 

Robart Kinsman deposed that he and John Perkins measured 
the thatch banks adjoining Mr. Borman's island and found it to be 
about 53 rods at the longest point northeast which butted upon 
Mors point from high water mark to low water and that there was 
no creek parting them but such flats as a man may go over dry 
shod and drive a team laden over, which had been done divers 
times. John Perkins testified the same. Sworn in court. 

Thomas Howlet, sr., and John Gage, sr., testified that at the 
first planting of the town there was an order made by the town that 
there should be two rods left free on the river for the benefit of the 
inhabitants above high water mark, from the town to the neck 
and also above. Further, that lots were always so laid out thirty- 
two years since. Sworn in court. 

fWrit, dated Sept. 7, 1666, signed by Anthony Somerby,t for 
the court, and served by Caleb Moody,| constable of Neubry. 

John WooUcot,! Dec. 6, 1664, acknowledged a debt of twelve 
pounds to John Knight of Neubery, for his servant Will. Harris, to 
be paid in wheat and barley at Knight's house at Newbury, also 
said Knight was to have all the hay he cut upon Woollcot's marsh. 

JAutograph. 



1666] RECORDS AND FILES 347 

Capt. Walter Price v. Mordicha Creford. Debt. Nonsuited.* 
Mr. Peeter Duncan v. Thomas Verry, Debt. Verdict for 
plaintiff, t 

William Neph v. John Woolcott. Debt. Verdict for plaintiff. f 

Wit : Wll. Neph.§ On the reverse of this paper, Goodman Chan- 
ler and Will Neph, Dec. 20, 1663, mentioned. 

John Knight's bill of costs. Hi. Us. 2d. 

John Knight's! receipt, dated Nov. 5, 1665, to Daniel Perc upon 
account of John Woolcot for six pounds in wheat at 5s. per bushel 
and barley at 4s. 6d. per bushel. Owned in court. 

William Harrison, aged about eighteen years, deposed that he 
was present when his master John Woollcott tendered John Knight 
two oxen then in the cart for the debt, and he offered to have 
them appraised as corn. Sworn, Sept. 25, 1666, before Samuel 
Symonds.§ 

Abell Hews, aged about sixty-four years, and Accquilla Chas, 
aged about forty-eight years, deposed that in the year 1665 a little 
after Mickellmas, they were at John Knight's house, etc. Sworn, 
Sept. 25, 1666, before Samuel Symonds.§ 

Nicholas Noyes§ and Richard Dole§ certified that according to 
their light and conscience they appraised the brown oxen to be 
worth but ten or eleven pounds in wheat or barley at price current 
at Boston, which the last year was 4s. per bushel, etc. John 
Knight§ certified to the price of grain. Sworn in court. 

*Writ, dated 4:5: 1666, signed by Hillyard Veren,§ for the 
court, and served by Samuell Williams, § constable of Salem. 

fWrit, dated Sept. 12, 1666, signed by Thomas Riggs,§ for the 
court, and served by Steven Glover, § constable of Gloucester, by 
attachment of the house, an acre of upland and two acres of marsh 
of defendant's. 

IWrit, dated Sept. 7, 1666, signed by Anthony Somerby,§ for 
the court, and served by Calleb Mody,§ constable of Newbery. 

John Knight§ testified that "about the 6 of last march was 
twelmunth," John Woolcot came to deponent's house to talk with 
William Neph to help him to work at Posskataque and agreed to 
give said Neph three pounds per month and his diet in cotton and 
English wool at price current. In case he did not like the wool, 
Woolcott was to pay him in boards at 40s. per thousand, as he was 
to have such pay of Capt. Barfut. Said Neph lived at deponent's 
house when the bargain was made and he w^ent away with his things 
and stayed about nine weeks. Sworn in court. 

John Wilson§ deposed that Neph worked with him for John 
Woolcot upon a saw mill above Poskataque eight weeks. Sworn 
in court. 

§Autograph. 



348 IPSWICH QUARTERLY COURT [Sept. 

Edmond Farrington v. Henry Woormwood. Defamation. 
Verdict for plaintiff.* 

Thomas Farrer v. Frances Burrell. For not giving a deed of 
assurance of a marsh. Verdict for plaintiff. f 

Anthony Ashbie v. Mr. Samuell Willson. Verdict for plaintiff. 
Thomas Snawsall appeared in place of Mr. Willson and appealed 
to the next Court of Assistants. Thomas Snawsall and Thomas 
Bishop bound, t 

William Neph's bill of costs, for going for John Wilson to Gren- 
land, etc., Ih. 17s. 8d. 

Willyam (his mark) Harrison, aged about eight years, deposed 
that he was present when his master John Willcoat dehvered 
Willyam Nef two yards of broadcloth at 14s. per yard and tendered 
him also cotton wool and sugar, and because he could not have it 
all in cotton wool, said Nef went his way. Sworn, Sept. 25, 1666, 
before Samuel Symonds.§ 

*Henery Stasee deposed that he heard Henery Wormewood say 
that old Goodman Faringtone was a thief and he would prove him 
one for he had stolen six quarts of corn out of a bushel and a half. 
Sworn, 22 : 7 : 1666, before Wm. Hathorne,§ assistant. 

Mathew Farrington deposed. Sworn in court. 

Allin Bread, sr., deposed that Edmond Farrington told him that 
Henrye Wormwood had stolen a load of hay. Sworn in court. 

Mathew Farington, jr., aged fifteen years, deposed that he heard 
Wormwood say that his grandfather, Edmond Faringtone, was 
a thief, and that he had stolen corn and a great brass kettle 
from his sister. Sworn, 22 : 7 : 1666, before Wm. Hathorne,§ 
assistant. 

Edmond Farrington's bill of charges, 21i. 8s. 4d. 

fFrancis Burrill§ and Thomas Pharrar§ agreed, Aug. 12, 1665, 
that Thomas Farar should have nine acres of marsh of said Boor- 
rill's, etc., and that Fransis Boorrill should have of said Farar a 
neck of marsh bounded north upon John Boorrill, south upon the 
great river, west upon a creek, etc. Wit : William Crofts§ and 
Ann Crofts. Sworn, 17 : 7 : 1666, before Wm. Hathorne,§ assistant. 

Thomas Newall, jr., and Richard Haven deposed that they 
valued Burill's lot 33H. better than Farrer's. Sworn, 22 : 7 : 1666, 
before Wm. Hathorne,§ assistant. 

tWrit, dated 12 : 7 : 1666, signed by Jonath. Negus,§ for the 
court, and served by Rich. Wayte,§ marshal of Suffolk. Bond of 
Samuell Wilson. § 

Bill of costs, lli. 16s. 

Isack WilUams, aged about thirty-six years, deposed that being 
at Boston in Samuell Wilson's warehouse with Mr. Anthony Ashbe, 

§ Autograph. 



1666] RECORDS AND FILES 349 

Frances Burrell v. Thomas Farrar. Appeal. Verdict for 
plaintiff, reversing the former judgment. 

he heard a bargain made between Wilson and Ashbe for a parcel of 
seal skins, about sixty or seventy, at five shillings per skin, which 
said Wilson was to pay in goods. Deponent further said that 
Wilson paid one piece of serge in part payment at the price of five 
pounds, the skins to be sent the first opportunity, and there was no 
one else in the warehouse at the time save ayouth. Sworn in court. 

Roberte Dutch, aged about forty-five years, and John Dutch, 
aged twenty years, deposed that they were employed by order of 
Anthony Ashby of Salem to carry sixty-one seal skins to Boston 
to be delivered to Mr. Samuell Wilson, and the latter refused to 
receive them. Wilson said that they were not delivered on time, 
neither were they according to his samples, nor were the eighty 
figreed upon sent to him, and the skins lay upon the wharf a night 
or two. Finally Wilson gave them liberty to carry them up into 
his warehouse garret upon courtesy. Sworn in court. 

William Browne, jr., deposed that he had a bill from Mr. Ashby 
to Mr. Samll. Willson and he asked Willson if he would discount 
the amount deponent owed him. Willson said he would not, for 
he was to pay said Ashby in hats at 9d. on the shilling advance, 
and deponent told him that Mr. Ashby promised him that he should 
have it in what goods he wished at 6d. on the shilling advance as 
they cost in England. Deponent told him that he would not 
meddle with his hats. At another time Willson said that he would 
not pay in hats till he was ready to go away, etc. Sworn, 25 : 7 : 
1666, before Wm. Hathorne.* 

Thomas Snawsell, aged about thirty-two years, deposed that 
he was attorney to Mr. Samuel Wilson of London, merchant, 
and Ashby demanded satisfaction for the skins contracted for 
before Mr. Wilson went to England, etc. Further that Wilson 
expected pay for the warehouse room where the skins were placed, 
etc. Sworn in court. 

Tho. Bishop* deposed that he was at Boston when Robert 
Dutch's boat came to Boston, and the latter told deponent's 
brother Willson, etc. Sworn in court. 

Robert Dutch deposed that he carried the skins from Epshige, 
etc. Sworn in court. 

Tho. Clarke, sr., deposed that Ashby had a parcel of seal skins 
at deponent's house, two of Vv'hich he sent to Boston as samples, 
etc. Sworn in court. 

Thomas Snawsell deposed that he was present when Mr. An- 
thony Ashby of Salem, in June, 1665, was in Mr. Willson's ware- 
house buying some serge and stuff to the amount of 41i. 12s., which 
he agreed to pay in twine, oil or silver, etc. Sworn in court. 

*Autograph. 



350 IPSWICH QUARTERLY COURT [Sept. 

John Marsh v. WiUiam Sprag. Non-payment of an agreement. 
Verdict for plaintiff.* 

John Megus was allowed costs in the action brought by Samuell 
Dutch, the latter not prosecuting.f 

Thomas Varney was allowed costs in the action brought by 
Robert Crosse, the latter not prosecuting. 

Selectmen of Linn presented Ralfe King to be licensed to sell 
liquors by the quart, and the court confirmed him. 

The elders and six of the inhabitants of Newbury presented a 
certificate to this court that Benjamin Lowell and Elizabeth 
Lowell were of age to receive the portions left them by their father 
and mother, and the court allowed it. 

*Writ, dated July 28, 1666, signed by Hillyard Veren,| for the 
court, and served by Samuell Ward,! constable of Marblehead. 

Edward Yeard, aged about twenty-five years, deposed that being 
in Boston harbor on board the ketch Providence, on June 25, he 
heard William Sprake and John Marsh bargaining about a barrel 
of powder, Sprake promising to pay 4h. 10s. for half a barrel, pro- 
vided it was good. Whereupon a barrel was delivered to William 
Poet's boat at Boston to be carried to Marblehead. Sworn, .30 : 
6 : 1666, before Ri. Bellingham,J Govr. 

Thomas Hearson, aged about forty-three years, deposed that 
being at Marblehead, he helped unload what looked like a barrel 
•of powder, but when it was opened it was found to be currants. 
Sworn, 24 : 7 : 1666, before Wm. Hathorne,| assistant. 

Letter of attorney, dated Aug. 24, 1666, from John Marsh§ to 
Mr. Joseph Gardner. Wit : Zebulon Hillt and Nicho. Watirland.J 
Sworn by Zebulon Hill, 4:7: 1666, before Wm. Hathorne.J 

William Poet, aged about twenty-five years, deposed. Sworn, 
30 : 6 : 1666, before Ri. BeUingham,t Govr. 

Robert Martin, aged about thirty-three years, deposed. Sworn, 
Sept. 8, 1666, before Edward Tyng,t commissioner. 

fJohn Cohens, jr., aged about thirty years, deposed that 
Samuell Duch was at deponent's father's house intending to go to 
sea when John Meagers came to the house. Duch went out and 
Meagers tried to catch him, but the former went back into the 
house. Hugh Row and Meagers stood one at each door to prevent 
him from getting out, but at length Duch escaped to his canoe and 
then to his boat. Meagers, not being able to catch him, said he 
would have him if he were above ground, but did not say what he 
wanted of him. Further deponent heard Meagers say, when Peter 
Duncan and he fell out, that he would have killed Meagers, if he had 
had anything to do it with, though he hanged for it. Sworn in court. 

t Autograph. § Autograph and seal. 



1666] RECORDS AND FILES 351 

Mr. Oliver Purchase was licensed to sell strong water by the 
quart for one year at the Iron works. 

John Meagus, appearing, was discharged. 

John Mansfield was allowed costs in the action brought by 
Joseph Armitage, the latter not prosecuting. 

William Gutterson dying intestate, administration upon his 
estate was granted to Elizabeth Gutterson, his widow. There 
being an inventory* presented amounting to 561i., and there being 
five children, court ordered that she have the estate for the bring- 
ing up of the children and to pay them 20s. each at age. 

James Moulton was made free, he bringing a certificate from the 
secretary of the General Court. 

James Travers and his mother having petitioned to the General 
Court to have the action transferred to this court, the court saw no 
cause to alter the order made in Sept., 1659 for disposing of the estate. 

Nicolas Vanden, convicted of running away from his master, 
Robert Crose, and stealing from him and others, was ordered to 
return the stolen goods and to pay double the value of them. He 
was also to be whipped for running away, breaking prison and 
stealing. The goods stolen amounted to 221i. 3s. 6d. and costs 
which said Vanden was to pay by service as the court should appoint, f 

Wm. Addams chose his uncle John Adams as his guardian. 



*Inventory of the estate of William Guttersorm, deceased July 
12, 1666, taken by WiUiam GoodhueJ and Thomas Kimball:! His 
tools and old Iron, 8h. 5s.; 4 Cowes one 2 years old and a year old 
and calf, 20li.; muskett and sword and what belongs too itt. Hi. 
12s.; his wearing apparel, 5li.; books, 12s.; a beed and Rougg, 
bolsters, 5h.; a chest and 3 boxes, a bead line, lU. 2s.; sheets too 
payer, too pilouebers & napkins, 3H.; Iron potts and a scilett & a 
frjang pan, Hi. 13s.; earthen and wooden ware and tin ware, 2U.; 
lumber, hemp and flax. Hi. ; his shar of Ind. corn, 22 bush., 3li. 6s. ; 
his shar of Inglish on the ground, Ih.; old Iron, 10s.; a sowe and 
too shottes, lU. 10s.; total, 561i. Sworn in court by Elizabeth 
Gutterson, the widow, before Robert Lord,! cleric. 

tBill of charges, dated 19 : 7 : 1663, sworn to by Theophilus 
Willson and Thomas Willson : Riding to town, horse & man to 
give nottis of his Ronen away, 3s. ; for senden three men & three 
horses with three hew and Crise, 9s.; for too men & 2 horses to 
search & inquier of Salem farmes & out houses, 6s. ; giting of him 
Cried at Salem on a Lecttor day, 2s. ; too menn & too horses one 
day more, 6s. ; expenses in our travelles, 5s. ; damidg in my buisnes 

J Autograph. 



352 IPSWICH QUARTERLY COURT [Sept. 

Widow Martha Halfield being non compos mentis, Thomas 
White was appointed her guardian to have charge of her estate 
and to be responsible to her in case she had her senses again. 

Ordered that the keeper of the prison see that the prison be made 
secure by "okeing boards" or otherwise. 

John Godfry, presented for being drunk, was fined. 

John Godfry, presented for taking tobacco in the street, was 
fined, and the fine respitted. 

John Baker and Obadiah Bridges, convicted of night walking, 
attempting to break the pound, running away and not standing, 
being required by the watchmen, two or three times coming to the 
pound, was fined and ordered to pay costs to Esay Wood and 
Samuell Graves. 

John Attkinson and Samuell Moody, complained of by John 
Godfry, v^ere fined. 

Samuell Moody was allowed for charges about the county. 

Court was informed that a dwelling house in Salem lately be- 
longing to Mordicha Crafourd and since in the possession of Capt. 
Savage or Anthony Ashbie was burned Sept. 10, at night, and that 
the wife of Mordica Craford was held in suspicion for firing the 
same, since she had given out threatening speeches concerning 
said house. Court sent for some witnesses and also Edith, wife of 
Mordeca Craford, and having heard their depositions and her 
examination, also understanding that there were more testimonies 
to the same purpose, ordered that said wife of Mordica Crafourd 
be committed to the prison at Boston, there to remain without 
bail until the General Court. Ordered further that the copies of 

about my haye, Losse & spoyll, 21i.; for what hee stole & spoylde, 
lOh.; stolle a seardg sut of mine worth 21i. 10s.; a payer of new 
bootes worth, Hi. 6s.; 4 Sheartes, 21i. 4s.; a skarfe & a skarfe & a 
hooad. Hi. 15s.; fieve Knives, cost 4s.; a new payer of sissores, a 
gimlet, Is. 9d.; breackenopen of a Cheast steelen a Come Cost 12 
penc money & 2s. 6d. in money & the lock, 2s. ; 2 payer of leather 
gloves, 4s.; five neck handcarchers, 2 pocket hand cartchers, 7 
dressenes, 2 pare of under sieves these at the Loest rate, 30s.; a 
payer of new breeches of my sounes & drawers, 10s. ; a new inck- 
horne in money 6d. ; my sonn was at bass river when the hew & 
Crie came there which j^et hath not binn reckoned which rid about 
by mackrell Cove & mantchestor to stop the pasedg & an other 
mesenger to gloster, 5s.; a hat of my sonnes which he hath on 
worth 6 or 8s.; total, 241i. 6s. 3d. 



1666] RECORDS AND FILES 353 

the proceedings of this court shall be transmitted so that the General 
Court may take further order, and that Mr. Anthony Ashbie, upon 
notice from authority, prosecute against said Crafourd and pro- 
duce his testimony in any court where the action should be 
tried. 

Anthony Ashbie informed the court of the fire at Salem and of 
the reason for his suspicions, and court ordered that a special 
warrant be issued to apprehend Edith Crafourd and bring her to 
the court. 

Upon Mordica Craford's earnest petition to this court, it was 
ordered that if he procure security of 20011. for his wife Edith's 
appearance at the next Court of Assistants at Boston to Major 
Wm. Hathorne and to be of good behavior in the meantime, by 
next second day in the morning, that then she should not be sent 
to prison. 

Five shillings were given to the house. 

A record of strays in the court book of Ipswich : — 

Richard Coye of Ipswich entered, Dec. 27, 1655, a gray horse 
with wall eyes. 

John Adams of Newbery entered, Jan. 12, 1655, a red steer three 
years old. 

Humphry Vinsent of Ipswich entered, Oct. 20, 1656, a black ^ 
steer three years old. 

John Perley of Ipswich entered, June 17, 1657, a black brown 
roan stone horse. 

John How of Ipswich entered, 14 : 10 : 1658, a dark sorrell mare 
with a star in the forehead. 

Edward Coborne of Ipswich entered, Dec. 14, 1659, a blackish 
brown colt with a bald face two years old. 

Reinold Foster, sr., of Ipswich, entered, Sept. 21, 1660, a brown 
bay small mare with a mare foal taken damage fesant. 

John Lambert of Rowley entered a black mare colt about two 
years old, appraised at 81i. by William Tenny and Ezekiell North- 
end. 

Jerimiah Belcher entered. May 8, 1661, a dark bay mare ap- 
praised at 6h. 10s. 

Twiford West entered, Dec, 1661, a horse colt two years old 
appraised at 81i. by Richard Holmes and James Bayley. 

John Lambert entered, Mar. 6, 1661, a sad bay colt under a year 
old appraised at 51i. by William Tenny and James Bayley. 



354 IPSWICH QUARTERLY COURT [Sept. 

William Law took up a sorrell gelding two years old with a few 
white hairs on the forehead and a little feather on the nose ap- 
praised at 81i. by William Tenny and Richard Holmes. The owner 
came and the gelding was delivered to him. 

Samuell Ingalls entered Jan. 1, 1662, a black heifer appraised at 
40s. by John Gidding and John Gregory. 

Richard Thurrill of Nubury entered a bay horse three or four 
years old branded with the letter N. 

John Whipple entered, Feb 14, 1662, a dark brown bay horse 
about six years old appraised at lOli. by Joseph Whipple and 
Holick Country. 

John Emry, sr., of Newbury entered, 18 : 12 : 1663, a stray bay 
mare about two years old appraised at 61i. by Daniell Thurston, 
John Bond and Thomas Bloomfield. 

WiUiam Neff of Nubury entered, 20 : 12 : 1663, a brown bay 
mare three years old appraised by Tho. Bloomfield and Daniell 
Thurston. 

Edward Allen entered, Jan. 11, 1664, a bay mare ambler ap- 
praised at 41i. by Theophilus Willson and Thomas Lovell. 

Moses Bradstreet entered. May 11, 1665, a bay mare three years 
old appraised at 51i. by Samuell Platts and Nathaniell Elithorp. 

John Gould entered, Dec. 9, 1665, a sorrell horse colt two years 
old with a flaxen mane and tail appraised at 3li. 15s. by Edward 
Towne and Zacheous Curtice, sr. 

John Reddington entered, Dec. 14, 1665, a dark bay mare about 
three years old, her mane hanging on the near eye, appraised at 
4h. by John Wild and William Smith. 

William Hasscall of Gloster took up a bright bay horse appraised 
at 4H. 15s. by Henry Walker and Robert Crose. 

John Gould entered, Jan. 22, 1665, a brown dark bay mare 
branded with an S and B., also a bay colt with a star in the fore- 
head, appraised at 6li. 10s., by Zacheous Gould and Robert 
Smith. 

Thomas Hart entered, Feb 2, 1665, a black bull calf appraised 
at 24s. by Robert Day and John Denison. Also entered by said 
Hart and John Denison, Feb. 2, 1665, a sandy boar appraised at 
15s. by John Day and Thomas Day. 

Benjamyn Roffe of Nubury entered, 15 : 12 : 1665, a gray mare 
three years old and an iron gray horse taken up at Newbury, both 
appraised at 9H. 10s., by John Knight and John Kely. 



1666] RECORDS AND FILES 355 

Caleb Kimball of Ipswich entered, Mar. 17, 1665, a blackish 
brown mare six years old appraised at 6li. by Mr. John Paine and 
Cornet Whipple. 

Renold Foster, jr., entered, Jan. 9, 1666, a black steer appraised 
at 30s. by John Perkings and Richard Carr. 

John Abbie of Wenham entered, Feb. 12, 1666, a bay horse about 
seven years old appraised at four pounds by Daniell Killam and 
Thomas Patch.* 

Will of Daniell (his mark) Thurston of Newbury, dated June 20, 

1665, and sworn to. Mar. 27, 1666, by the witnesses, John Cheney, 
sr., before Wm. Gerrish and Nico. Noyes, commissioners, on Mar. 
27, 1666, and by Richard Dole, before Robert Lord, cleric, on Apr. 
10, 1666. He bequeathed his now dwelling house, barn, goods and 
lands to kinsman, Daniell Thurston of Newbury; to wife Ann, his 
feather bed, bolster and pillow, her chest and box, her clothing, her 
own brass kettle and iron pot, lOh. per year in corn, butter, cheese, 
pork or her thirds of the land, during her life; if she chose to live 
with said Daniell, he was to maintain her and give her 20s. per 
year, half in money and half in cheese and butter; he appointed 
Daniell Thurston, executor. [Original on file in the Registry of 
Probate.] 

Inventory of the estate of Daniell Thurston, sr., taken Mar. 16, 
1665-6, by Rich. Dole and Tho. Hale, jr., and allowed in Ipswich 
court. Mar. 26, 1666, upon oath of Daniell Thurston : House, barn 
and 60 acres of land, 38011.; beds and furnishings, domestic ani- 
mals, etc. ; total, 57311. [Original on file in the Registry of Probate.] 

Will of Joana (her mark) Symonds of Ipswich, dated Apr. 6, 

1666, and proved in Ipswich court, May 9, 1666, by the witnesses, 
William Goodhue and Robert Lord. She bequeathed all her estate 
equally to her two daughters, Prissilla, wife of John Warner, and 
Abigaill, wife of Robert Pearce, and to their heirs, and appointed 
her sons-in-law, John Warner and Robert Perce, executors. [Orig- 
inal on file in the Registry of Probate.] 

*The next twelve pages, which complete the first volume of Ipswich records, 
contain the financial accounts of each court, including the receipts from fines 
and expenses for court officers, etc., from 31 : 1 : 1646 to Sept. 25, 1666. 
Following is a brief abstract: 27 : 7 : 1653, for diat of Jury for trialls, 31i. 
16s. ; for the majestrats, constable & house for fire & lights, 3h. 8s. 9d. ; 
grand jury, 2h. 2s. ; expences at Mr. Baker's, 14U. 16s. lOd. ; 2 bookes to 
record, one for births & deaths & one for deeds, 5s. 6d. ; a quire of paper, 6d. ; 
Mar. 31, 1663, expences at Mr. Baker's, 34U. 14s. 6d. Sept. 25, 1666, expences 
at Decon Pengrye's, 4U. 19s., and at Mr. Baker's, 12h. lis. 6d. 



356 IPSWICH QUARTERLY COURT [Sept. 

Inventory of the estate of Joana Symonds, lately deceased, taken 
May 7, 1666, by Thomas Knowlton and Robert Lord, and allowed 
May 9, 1666, in Ipswich court: Peneston, lockroom, cersye wast- 
coat, serge petecote, rash peticote, murry peticote, blue apron, 
and other wearing apparel; five pair of gloves, 10s.; old muffe, 
Is. 6d.; pair of spectacles, 4d.; debts due, lOh. 2s.; debts owing, 
6H. 9s.; total, 311i. 10s. 2d. [Original on file in the Registry of 
Probate.] 

Will of Bridgett (her mark) Bradstreet of Ipswich, widow, dated 
Oct. 16, 1665, and proved in Ipswich court. Mar. 28, 1666, by the 
witnesses, Lift. Samuell Appleton and Joseph Whipple. She be- 
queathed to son Moses, the barn, her musket, her great chest and 
chair, the kettle, beer vessel, two keelers and churn, which with 
what she had already given him amounted to 401i.; to eldest 
daughter Martha Beale, the gown of testator's, which she had in 
her possession, her green hood, a pewter dish, Mr. Norton's book> 
one sheet and one pillowbear; to daughter Mary Kimball, her 
old Bible, cloth waistcoat, stammell petticoat, a bolster and pillow, 
pewter dish and brass candlestick; to daughter Kemball and 
daughter Wallis, her still for the use of both, the longest fiver to 
have it, also her skep of bees, the said daughters to give the first 
swarm to their other two sisters; to daughter Wallis, Mr. Cobbitt's 
book, her serge gown and cloak, pewter dish, skillet, the bed upon 
which she now lay, with furnishings, white rug, iron pot and peni- 
stone petticoat; to daughter Rebecka Bonfield, her black serge 
petticoat, bearing cloth, pewter dish and her two lesser iron pots; 
to grandchild Hanah Roffe, her hat, wearing linen, chest and sheets, 
two heifers and a serge waistcoat ; other estate to be equally divided 
among her four daughters, and Samuell Platts to be executor. 
[Original on file in the Registry of Probate.] 

Inventory of the estate of widow Bridgett Bradstreete, taken 
by Sa. Appleton and Joseph Whipple, and allowed, Mar. 28, 1666, 
in Ipswich court : Domestic animals, warming pan, 10s., bedstead, 
butter tub, tray, trenchers, pail, etc.; books. Hi. 8s.; meshing tub, 
3s.; 1 book, 12s.; case of bottles, 4s.; beer barrel, basin, towels, 
etc.; pair of little scales. Is.; sermon book, 2s.; 14 dressings, 4 
neckhandkerchiefs, apron, black hood, 9 quoines, foresleeves, hat, 
and other wearing apparel, 31i. 9s. 5d.; tow comb, table, cubbard, 
musket, etc., 41i.; total, 801i. 14s. lid. [Original on file in the 
Registry of Probate.] 



1666] RECORDS AND FILES 357 

Will of William (his mark) Stickney of Rowley, dated Jan. 21, 
1664, and proved by the witnesses, Maxemilian Jewett and Samuel 
Brocklebanke, Mar. 28, 1665, in Ipswich court. He desired to be 
buried in the '^common burying place," and bequeathed to wife 
Ehzabeth, during her Ufe, his dwelling house, barn, orchard, etc., 
within the five-mile bounds of the town of Rowley, land in Ipswich 
west meadows, one-third of the household stuff and two cows; to 
son Samuel, "I haveing beene at certain cost" for him, lOli.; to 
son Amos, "he haveing at no time beene anyway benifitiall to my 
estate, and I haueing procured him a trade & given him some p* of 
estate toward his settling," 5h.; to son John, his wife's inheritance 
to be in said John's possession, provided he pay out of it enough 
to make the portions of the other five children equal with his por- 
tion, and pay to his mother 31i. 10s. yearly, carefully winter her 
two cows and she to enjoy the use of one of the rooms; to son 
Andrew, land at Merimack, and if it prove to be worth more than 
his share, he was to pay back so much to his brothers and si sters 
to son Thomas, his village land, with the same provision as the 
foregoing; to daughters, Mary, Faith and Mercy, their proportions 
in movables, at age or time of marriage; Maxemillian Jewett and 
Samuell Brocklebanke, overseers. [Original on file in the Registry 
of Probate.] 

Inventory of the estate of Wm. Stickny, taken by Mr. Phillip 
Nellson, Maxemillian Jewett, Samuell Brocklebank and John 
Brocklebanke, and allowed Mar. 28, 1665, in Ipswich court: In 
his purse, 10s. 9d.; serge cloke and sute, cloth coat, red wastcot, 
bootes, and other wearing apparel, bed and furnishings; one car- 
pitt, 14s. ; bed in parlor chamber, yellow rug, trundle bed, cotton, 
tow, yarn, wool, flax, curtains, domestic animals, etc.; dwelling 
house, barn, orchard, 501i.; 3 acres about the house, 1 1-2 acres at 
" Poliped lotts," 2 1-2 acres in common field, 1 1-2 acres at new 
plain, 6 acres near the long hill, 107 rods at Mr. Dumer's farm, 
39h. 15s.; six gates, 61i.; land at Bachilor's meadow, cow bridge, 
salt marsh at Mr. Dumer's, at great meadow and west meadows, 
at the village, Merimacke; grain, spining wheeles, cardes, kitchen 
utensils; bookes, 12s.; great table, 10s.; chairs, weights, measures, 
earthern ware; guns, 3H. 16s.; swords, bandeleors, and ammuni. 
tion, Hi. 12s.; axes and other implements, carts, sleds; leather, 
14s.; total, 41611. 14s. Id. Debts due at Ipswich and Rowley, 511. 
15s. [Original on file at the Registry of Probate.] 



358 irSWIClI QUARTERLY COURT lS(>pt. 

Will of John Fuller, without dtiiv, proved by Mr. Wm. lluhhard 
aiul Symon Tompson, Sopt. 25, UiOO, in Ipswich court. Ho be- 
queathed to son John, 2()li., to be paid two years after his wife's 
decease; to son William, 5s. at age, but if he relin(iuish his ri^ht 
in his lantl now in testator's possession, to have 301i. at age, antl to 
him and to his brother John, he gave no more because their uncle 
had uudertakiMi to give them sufficient iH)rtions; to daughters 
Susanna and I'ilizabeth, lOs. each, at age or marriage, but no more 
because their grandfather had given them portions; his wife ami 
son James, executors, but if his wife m:u-ried, .lames was to have 
entire disposing of the estate, until his brothers became of age; 
James to pay his mother 71i. per year or else allow her to enjoy her 
thirds according to order of the Cunieral Court; to his wife, his 
best bed, bedstead and furniture; estate to be appraised within 
one month after his death, ti) be divided into seven equal parts, 
and as much as tlie seventh part amounts to, to be paiil to each 
child not already mentioned, Thomas, Nathaniell, Josej)!!, Sarah, 
antl the child not born, at age or within fovu* years after, in four 
payments; son James to enjoy the remainder, and if any child die 
before reaching majority, this portion to fall to James; Mr. Sy- 
monils and Major Denison, overseers. Wit: William liubbanl, 
jr., ami John Jjcigh. It was further added that if any estate were 
rtH'ov(M-(Hl in l*]ngland that it was to be equally divided to the four 
children mention(>d and the child to be born, reserving to James 
only a double portion. Wit : William Hubbard and Symon (his 
mark) Tompson. [Original on tile in the Registry of Probate.) 

Inventory of the estate of John Fuller, lately deceased, taken 
June 29, UKU), by John Dane and Symon (his mark) Tonijison, 
and allowetl, Sept. 25, lOOO, upon oath of Elizabeth Fuller, in 
Ipswich court : House, barn, pastures at the homestall, 1501i.; 
land at Plumbe Hand, at west meadow, and adjoining (u)odman 
Fellows, 801i.; wearing apparel, ilomestic animals, etc.; boulsters, 
pistoUs, saildle i^- bridle, 21i. lOs. ; shelfe of pewter. Hi. 10s.; one 
muskett. Hi. 5s.; one fowleing peece. Hi.; nyne dozen trenchers, 
Os.; kitchen utensils, bell, beds and furnishings, etc.; morter and 
looking glase, 8s.; table, trvnuUe bed, cradle, books, grain, corded 
beil; trenchers unfinished, 10s.; cow hyde, 10s. [Original on tile 
in the Registry of Probate.] 

Will of Thomas (his mark) W\^lls, sr., of Ipswich, dated ol : 5 : 
IGOG, and i>roved by the witn(>ss(>s, Tho. Bishop, sr., and Tiu)mas 



1G0()1 KEC'OUDS AND KILIOS .'^50 

Burnani, sr., Nov. 10, 1(>(U), before Worsliipfull Mr. S:imiU'll 
Syinoiuls unci Major (icnll. Dcnisoii, tlu> clerk beirifi; present. He 
bequeathed to wife AbiKaill, Hli. yearly in wheat, malt, pork and 
Indian corn, in lieu of dowry, she to have one of the best rooms in 
the house, either the hall or the parlor, and to have liberty to bake, 
brew and wash in the kitchen and to lay the ii,r.i\n in (he hall 
chamber, free use of fi,ar(len }!;round, well fenced in, to have land 
tilled to sow flaxseed on, freedotn in both cellars, suHicient fire- 
wood, liberty to keej) three or four hens, a pip; or hoj;-, and to have; 
one-sixth of the fruit of the orchard, the old bay mare upon which 
she ritles, bridle, i)iHion seat and paimell, two cows, and their 
keeping, and good house room for them, the liible she uses, the 
book called "TIk; Soul's ['reparation for Christ," and Terkins' 
upon the Creed, also the Ix'dstcad and furnishings, the best green 
rug, bc8t chest and inlaid box with '\\ \V. upon the lid, half t.hc^ 
linen and a third of the woolencloth in t he hous(! or at the weaver's, 
half the pewter that was her own father's, the pewter pint pot, a 
brass or iron i)ot, save the great iron pot, iron skillet,, loui- best 
spoons, good porringer, coupU? of saucers, best low chair, her little 
chair, a good cushion, one of tlu; great wheels, little spinning wheel 
and the warming pan, frci^ use; of kettles, milk vessels, well for 
water, pla(;e for (clothes to be sj)rea,d. 

To second son John, having received iiHO acres belonging to 
testator in Wells, Maine, also two cows, and lOli. I.Ss. paid for him 
to Stephen Kent of Haverhill in cattle upon bill due from I'rancis 
Littlefield, his father-in-law, all this in lieu of his portion, lOli., to 
be paid in ten years in cattle and grain, his cloak, one of the great 
pewter candlesticks with the top, two great sauccTS, two little 
saucers, and to Sarah, his wife, one five shilling piece; in gold; to 
two eldest daughters, Sarah Massie of Sah^m and Abigaill Tredwell 
of Ipswi(;h, who have had ea(;h 8()li., the foruK^r to have a cow or 
41i. 10s. in other cattle within a year and a half after his death, 
with the grass from salt marsh adjoining the northwest end of Mr. 
Wade's, near Hog Island, all to Ix; enjoy(;d until tlu; deccsase of 
"my Jirother Massie, her father in law," and then to return to the 
estate; to daughter Abigaill, six acres at IMumb Island and a raw. 

To young(!st son Thomas, 2r)()li. within s<!Ven years, four months 
and nine or ten days after Ik; is twenty-one, his birthday being 
11 : 11 : 1040, in cattle, horses, grain, etc., which, if tin; executor 
did not i)ay, said Thomas was to take possession of the house where 



360 IPSWICH QUARTERLY COURT [Sept. 

testator lives, and if he died before majority, the portion to be 
divided among the other children, John Wells, Sarah Massie, 
Abigaill Tredwell, EUzabeth Wells, Hanah Wells and Lidia Wells. 
Also Thomas was to enjoy the parlor chamber, have free use of 
firewood until he marry, have his diet and washing at cost of the 
estate until he comes to the age of twenty-two years, four months 
and ten days, to have all the books bought for his use, "my thre 
phisicke bookes & the booke called the orthodox evangelist, the 
great sermon booke & Hyehngs Geogripha," the little chest and 
table he made in the hall chamber, the white box and the chest 
planks to make him a chest on, the little iron candelestick, "my 
white rule, my red pensheare & my pen knife & my sword & scabitt 
and my firelock, muskett, w**" a square barrell & the mould worme 
& scourer," the little bedstead in the hall chamber and furnishings, 
the silver bowl, one two and twenty shilling piece of gold, all interest 
in the bond due from John Andrews of Ipswich, carpenter, save 
61i. 10s. to son Nathaniel, toward his charge in going to the college, 
books, apparel, etc., or to put him to Mr. AUcocke, also "the new 
picktures viz of the King & Queene, & of the five sences," his stuff 
clothes and best stockings. 

To three youngest daughters Elizabeth, Hannah and Lidia, 35li. 
each, one year after marriage or at the age of twenty-one, in cattle, 
sheep and grain, and each a Bible and "a good Christ," within a 
year after his decease; to Sarah Massie and Abigaill Tredwell and 
to Elizabeth Wells and Lidia Wells, "my owne daughters," two 
half-crown pieces of English money, and to Hannah Wells, his 
daughter, one ten shilling piece of gold; to wife Abigaill, one-third 
of the English money " w'^'' shall remaine & be left, & not payd vnto 
the legaties y* is deceased in England & kindred of our vnckle 
Lumpkins," his wife to have the tuition of their daughters Eliza- 
beth and Lidia until they marry or are twenty-one, but if said 
Lidia did not wish to live with her mother, then she was to be with 
her sister Sarah Massie, and Mrs. Mary Rogers of Rowley to have 
the education of his daughter Hanah, if she "will please to doe me 
that favour;" to cousin Mary Barker, ahas Lane, of Colchester, 
50s. in old England money, in accordance with an agreement with 
his brother Daniell Warner in answer to a request of their aunt 
Lumkin, alias Stone, late deceased, as set forth in a letter sent from 
Colchester; to eldest son Nathaniel, the residue, provided he 
accept the trust of executor, and if he die without issue, the estate 



1666] RECORDS AND FILES 361 

was to return to son Thomas and his male heirs, who was to pay- 
to Lidia, Nathaniel's wife, 401i., and to her children, 140U., and 
also to pay to son John, 40li. Thomas Bishop, sr., and Mr. Thomas 
Andrews, overseers, and guardians of Thomas, to whom he gave 
10s. each. [Original on file in the Registry of Probate.] 

Inventory of the estate of Thomas Wells, taken Nov. 12, 1666, 
by Thomas Bishop and Robert Lord, and allowed, upon oath of 
Nathaniell Wells, 15 : 9 : 1666, before Mr. Samuell Symonds and 
Major Genrll. Denison: House, barn and farm, 65011.; domestic 
animals, beds and bedding, kitchen utensils, yarn, china dishes, 
hour glass; books, 31i.; remnants of cloth, mapps, paper pictures, 
Ih. ; flax & hempe, flax seed, hempseed & whitleather, 16s. ; books 
in Thomas Wells' hands, 8H. 6s. 3d.; total, 1,014H. 3s. 3d. [Orig- 
inal on file in the Registry of Probate.] 

Will of John Cheny, sr., of Newbury, dated 5:4: 1666, and 
proved by the witnesses, Richard Dole and Wilham IlsUe, Sept. 25, 
1666, in Ipswich court. He bequeathed to son Daniel, his dwelling 
house, barn and land, in the old town of Newbury in one enclosure 
by itself, cart, plough and harrow, etc.; to wife Martha, the use 
of the house and maintenance by son Daniell, but if she choose 
to live elsewhere, lOli. yearly, her wearing apparel, household 
goods, and the mare; to son John, the two-acre lot, sometime 
Anthony Short's, in the south field at Newbury oldtown, three acres 
of salt marsh on the neck, south side of Newbury river, twenty- 
four acres in Salsbury newtown at Jameca, so called, next to Haver- 
ill bounds adjoining Salsbury river at one end and Haverill high- 
way on the other, his wearing apparel, matchlock musket, the 
shortest croscut saw, heifer called "Brindle," also 301i. after his 
wife's decease, and the great brass kettle, pewter dish marked I. C, 
white bed rug, and six bushels of apples yearly for seven years; to 
son Peeter, lOli. already in hand, and 51i. more and six bushels of 
apples; to son Nathaniell, four oxen, yokes and chain, two cows 
with their calves, one called "old Line the other called pie," a 
heifer, calf, colt, heifer called "Kurle," also "his Armes compleate," 
broad hoe, ax, sithe, sickle, half-headed bedstead and furnishings, 
the great iron pot, lesser posnet, and 201i. after his wife's decease, 
the best chest, his Bible, pewter platter and six bushels of apples; 
to daughter Ehzabeth, three cows, "Sparke," "Whitfaued" and 
"Col," two heifers, 15h. in cattle and grain; to Joseph Plumer, 5U.; 
to John Kinrick, 411. which he owed him and a cow; to Richard 



362 IPSWICH QUARTERLY COURT [Sept. 

Smith, 51i. ; to William Laws' three daughters, Rebeca, Mary and 
Preciila, 40s. each; to grandchild, Abiel Sadler, whose father died 
before he was born, testator being his guardian, and court ordering 
lOli. out of his father's estate at twenty-one, 51i., also the lasts and 
tools belonging to his trade, and a "great bossed bible "and a pew- 
ter bason which belonged to his father ; to grandchild Hanna Burke- 
be, 3h. at age of eighteen; Daniel, his son, executor. [Original 
on file in the Registry of Probate.] 

Inventory of the estate of John Cheney, sr., of Newbury, taken 
Aug. 22, 1666, and allowed, 25 : 7 : 1666, in Ipswich court : House, 
barn, orchard and lands, 35011. ; domestic animals, wearing apparel, 
beds and furnishings, furniture, books, cubbard, spinning wheels; 
tools and 42 lasts, 10s. ; 2 paire of pinchers & 8 tacks & one punch 
& 3 knives & 2 dressours, 2 raiseing wedges, one hollowing stick, 
one stopping stick, one cutting knife and patternes, 10s.; shoo- 
makers hammer, Is.; cheese, bacon, kitchen utensils; six spoons, 
2s.; silver spoon, 5s.; hide at the tanner's, 10s.; total, 55711. 9s. 
[Original on file in the Registry of Probate.] 

Will of Thomas Emerson of Ipswich, dated May 13, 1653, and 
proved by the Avitnesses, George Gidding and Daniell Hovey, and 
Robert Lord, May 10, 1666, before Mr. Symon Bradstreete and 
Major Genrll. Denison: He bequeathed to son Joseph, 801i., 401i. 
to be paid out of his farm by his son John to Joseph, according to 
an agreement dated 26 : 9 : 1648, and 401i. to be paid by Nathaniell 
within six months after the decease of testator and wife; to son 
Nathaniell, the house, and the meadow bought of his son Joseph, 
sometime Mr. Woodmansie's; to daughter Ehzabeth Fuller, the 
best featherbed, bolster, blankets, coverlet and bedstead, until her 
daughters Susanna and Elizabeth married or became twenty, then 
the latter to enjoy them, also the great carved chest and the carved 
box, a little trunk and small carved chest; Elizabeth, his wife, was 
to enjoy the yearly rent of the farm, with six head of cattle, the 
house, household goods, cattle, during her widowhood, but if she 
marry again, to enjoy only the rent of the farm and cattle, Nath- 
aniell to pay her; wife Elizabeth, executrix, and Mr. Samuell 
Symonds and Major Genii. Daniell Denison, overseers. On Jan. 
4, 1660, Thomas Emerson declared that he had given his son John 
his portion. He further gave to son James, 51i. to be paid after 
the death of himself and wife, if said James ever come over to this 
country or send a certificate that he is then living. [Original on 
file in the Registry of Probate.] 



1666] RECORDS AND FILES 363 

Inventory of the estate of Thomas Emerson, sr., deceased 9:3: 
1666, taken by WilHam Goodhue and Symon (his mark) Tompson, 
and allowed, Sept. 25, 1666, in Ipswich court, upon oath of the 
widow Elizabeth Emerson: House and land, 150H.; domestic 
animals, wearing apparel, beds and bedding, boxes and chests, 
carpet; table & chaires, stoole glas case & wt. is in it, 31i.; brass, 
pewter, bandaleours, etc.; total, 25711. 3s. [Original on file in the 
Registry of Probate.] 

Will of John Brocklebanke, dated Nov. 30, 1665, and proved, 
Sept. 25, 1666, by the -witnesses, James Barker and Samuell Brock- 
lebanke. He bequeathed to John Stevens, his apprentice, 20s.;. 
to Mary Michell, his maid servant, 20s.; to wife Sarah, one-half 
the estate; to daughters, Elizabeth and Sarah, the other half 
equally, at age or marriage, the survivor to have the deceased 
sister's portion; wdfe Sarah, executrix, and his "very loueing and 
tender father in law," Harchelas Woodman, and brother Samuell, 
overseers. [Original on file in the Registry of Probate.] 

Inventory of the estate of John Brocklebanke, taken by James 
Barker and Leaonard Harryman, and allowed, 25 : 7 : 1666, in 
Ipswich court, upon oath of widow Sarah Brocklebanke : Books, 
Hi. 5s.; wearing apparel; boote hose tops, 3s.; beds and bedding, 
table, chairs; one Rapier & belt, 16s.; halbert, 5s.; trunk, boxes 
and hatt case, 10s.: pewter, tin, earthen ware, milk and beer 
vessels; kitchen utensils; gun, 6s.; two skins, 4s.; coopers tooles, 
1 i.; carts and furnishings; house, orchard and land, 551i.; land 
at pohpod lots, 61i.; 5 comonges or gates, 51i.; land at Long hill^ 
51i.; half the salt marsh at Mr. Nellson's Hand that was laid out 
to Sam. Brocklebank, 81i.; salt marsh at Nuberry Neck, lOli.; 
land & meddow at the pen, 801i.; domestic animals; total, 2431i. 
8s. 6d. ; debts due to the doctor and others, 401i. [Original on 
file in the Registry of Probate.] 

Court held at Hampton, 9:8: 1666. 

Jury of trials : Jno. Severans, foreman, Georg. Goldwyer, Tho. 
Barnard, Rob. Jones, Tho. Whitcher, John Griffyn, Georg Vesie,. 
Tho. Sebrooke, fined, Rob. Page, Jno. Brown, sr., fine remitted^ 
Leift. Ben. Swett, Natt. Boulter, Henry Dearbourn and Jno. 
Foulsham, jr. Mr. Rich. Oliver sworn. 

Constable of Hampton was fined for not returning his warrant 
for the jurymen. 



364 HAMPTON QUARTERLY COURT [Oct. 

Civil cases: — 

Jno. Severans v. Robert Downer. For mowing the grass of his 
meadow, three acres, according to the grant adjoining the meadow 
lot of widow Willix in a place called the barberry meadows in Salis- 
bury. Verdict for defendant. 

Nath. Boulter v. Nicolas Norris. For not making 2000 white 
oak pipestaves for plaintiff according to covenant dated Nov. 7, 
1665. 

Nath. Boulter v. Mr. James Pendleton. 

Capt. James Pendleton v. Nath. Boulter, agent and attorney 
for Capt. Brian Pendleton. For withholding a debt of about fifty 
pounds for goods delivered. Verdict for defendant. Appealed to 
the next Court of Assistants. Capt. James Pendleton and John 
Redman bound. 

Tho. King v. Nath. Boulter. Debt. For a part of saw mill 
land and privileges to the mill and a pair of wheels, for not paying 
for them according to covenant. Withdrawn.* 

Edw. Goodwin v. Georg Linche. For refusing to satisfy him 
for about eighteen weeks diet and lodging to the value of 31i. 12s. 
Withdrawn. 

Capt. James Pendleton, agent and attorney to Capt. Bryan 
Pendleton v. John Knowles. Debt. Withdrawn. 

Capt. James Pendleton, agent and attorney v. Phil. Toule. Debt. 
Withdrawn. 

Capt. James Pendelton v. Jno. Fulsham, sr. Debt. Two 
cases. Withdrawn. 

Nath. Boulter v. Mr. James Pendleton, agent and attorney to 
Capt. Brian Pendleton. For the eighth part of a saw mill given 
as security. Verdict for plaintiff. Appealed to the next Court of 
Assistants. Capt. James Pendleton and Christopher Palmer 
bound. 

Anthony Tayler was dismissed from all military training and 
watches, allowing 4s. per annum to the Hampton company. 

Court ordered that the estate of Rich. Brey, late of Exiter, 
deceased, be disposed of as follows : Mary, the widow, to have 
one-third of the house and land during her life and also one-third 
of the remainder of the estate for her own use and the other two- 



*Copy of court record signed by Tho. Bradbury,t rec. 
t Autograph. 



1666] RECORDS AND FILES 365 

thirds for the maintenance of the children, John and Mary, until 
they become of age or marry. The son was to have two-thirds of 
the house and land and the other estate, and the daughter to have 
the remaining third. 

John Samborne was legally chosen ensign by the military com- 
pany and townsmen of Hampton, and the court confirmed it. 

Henry Green was dismissed from all trainings, allowing 6s. per 
annum to the military company of Hampton. 

Upon request of Ensign John Samborne, he was granted power, 
according to an order of Salisbury court, 1665, to sell the estate of 
Robert Tuck of Hampton, late deceased, to the value of 401i., pro- 
vided Joanna, the widow of Robert Tuck, consented. 

Upon request of Ed. Gove, court took off the forfeiture for the 
non-prosecuting of his two appeals from judgment made 10 : 2 : 
1666 by Salisbury court. 

Nathaniell Batcheller was chosen and sworn constable of Hamp- 
ton for the ensuing year. 

Mr. Edw. Colcord acknowledged judgment to Mr. Rich. Oliver 
of Hampton.* 

Edw. Gillman was freed of all military trainings and watchings. 

[Memorandum in the margin.] "To put Christ : old deed out 
of Robies case into Christ Palmer's case about y^ mortgage Bar- 
nets bond Cp* Walderns writings." 

Ordered that Mr. Jon. Gillman, Moses Gillman and Jona. Thing, 
all of Exiter, have the care of the estate of Rich. Brey of Exiter, 
late deceased, until the next Salisbury court. 

Capt. Hussey, Mr. Sam. Dalton and Ensign Jno. Samborne 
were chosen and sworn commissioners to end small causes for 
Hampton. 

Wm. Holdred, having complained against John Ilsly of Salisbury 
for his children abusing the daughter of said Holdred, now his 
apprentice, as by several testimonies appeared, court ordered that 
said Ilsly should restrain his children from further abuse upon 
penalty of lOli. to be paid to the treasurer of the county, and also 
to appear at the next Salisbury court for not coming according to 
summons, t 

*Tho. Bradbury and Abraham Drake, marshal, deposed. 
Roberts of Dover mentioned. 



fJoseph Lankister, aged about twenty-six years, testified that 
the last winter as he was going by Goodman Elsly's house on a 



.■366 SALEM QUARTERLY COURT [NoV. 

Town of Exiter, presented for want of a pound, was fined. 

Jno. Young of Exiter was fined for trading strong waters with 
the Indians. 

Exiter's fine was respitted until the next Sahsbury court, and the 
former committee, Wm. Fullar of Hampton, Richard Currier of Salis- 
bury and Wm, Titcu[m] of Nubery, were to make a return to the 
court. 

Whereas complaint was made to this court against Mr. Ric. 
Oliver for taking an Indian from Nantuckett without the consent 
of his father, who was there living, and said Oliver having an 
indenture signed by the boy, with the consent of an Indian who 
pretended to be an uncle of the boy as a witness, who also had a 
counterpart in his hands, court ordered that said OUver should 
either return the boy to his father or procure a certificate signed 
by some of the English inhabitants of Nantuckett Hand or other 
legal testimony of the consent of the boy's father and to make 
return to Salisbury court. Also in the meantime to look carefully 
to the boy that he may not want what is convenient and necessary 
according to English manner if he did not return him. 

Allowed 10s. to the servants of the house. 

Jno. Souter and Hannah, his wife, acknowledged their sin in 
■abusing Mr. Deering and declared themselves heartily sorry. 

Court ordered that Sarah Read faithfully serve out her time with 
her Mistress Bearing according to agreement, and for absenting 
herself a fortnight from her service without her leave, 'she was 
ordered to serve three weeks longer. 

Court allowed the county prison for Norfolk to be erected at 
Hampton. 

Ordered for a county rate, 60fi. 

Court held at Salem, 27 : 9 : 1666. 

Judges : Mr. Symond Bradstreet, Mr. Samll. Symonds, Majr. 
Danyell Denison and Major William Hathorne. 

Jury of trials : Mr. Edmond Batter, Leift. William Dixy, John 
Rayment, Joshua Ray, Nathall. Felton, Nicholas Manning, John 

very cold day, he saw Goodman Holdredg's daughter very destitute 
of clothes and without stockings. Sworn in court. 

Writ : Cornalus — ey v. Samewell Foulsham ; for saying he 

stole his , his wife affirming the same; dated 3:2: 166- ; 

served by Humphery Willson,* constable of Exeter. 

* Autograph. 



1666] RECORDS AND FILES 367 

Collens, jr., Ensigne John Fuller, Robt. Rand, Crispes Brewer, 
Jonathan Poole and Richard Hutten. 

Grand jury : Sergt. John Porter, William Dodg, sr., Anthony 
Buxton, Humphry Woodbery, Christo. Babbadge, Benjamin 
Felton, Silvester Evely, Thomas Pitman, Samll. Allen, Mr. Tho. 
Laighton, James Axy, Nathaniell Kertland, Henry Silsby and 
Thomas Fisk. 

Mr. Bartholmew Gidney v. John Godfery. Debt. Verdict 
for plaintiff. The bench moderated the bond, which was to be 
paid in w^heat.* 

John Peach, sr., Jon. Peach, jr., and Richd. Rowland v. William 
Nick. Trespass. Verdict for plaintiff.f 

*Writ, dated Oct. 31, 1666, signed by Hillyard Veren,| for the 
court, and served b}^ Caleb Moody, J constable of Newbery, deputy 
of Henry Skerry,:}: marshal of Essex. Bond of John (his mark) 
Godfry. 

John (his mark) Godferj'-of Newbury, on June 28, 1666, acknowl- 
edged a debt to Bartholmew Gedny, to be paid in wheat at said 
Gedny's in Salem. Wit : Samuell Williams| and HiUiard Veren, jr. J 

fWrit : John Peach, sr., John Peach, jr., and Rich. Rowland; 
for keeping cattle on the common or farm contrary to town order ; 
dated Nov. 20, 1666; signed by Moses Maverick, J for the court; 
and served by Ambros Gall, J deputy constable of Marblehead, by 
attachment of the dwelling house of defendant. 

Bill of cost, 2h. 4s. 6d. 

Maj. Wm. Hathorne deposed that he was present when Francis 
Simson and the Nicholsons sealed the deed now delivered to the 
court and said Simson declared that the part of the farm mentioned 
was sold to James Smith before and he would not sign the deed 
until he was told that he had a part in the rest, the houses and land. 
Then he signed for the rest. Sworn in court. 

Mary Rowland, aged about thirty-nine years, deposed that 
James Smith of Marbellhead bought of Edmund NickhoUson and 
Frances Simson their interest in the farm commonly know^n as Mr. 
Humphries farme for 81i. and said Smith went with Simson to 
Better Pickford's stage, now William Nick's, where Smith paid 
him in fish. That Simson and one of Nickholson's sons carried 
the fish aboard a ship as soon as he had delivered it. Further that 
Smith said that they tried to get him to pay them 50s. for a cow 
which they had that had been hurt, pretending that Smith's steer 
had hurt her. That Smith and his successors have enjoyed the 
farm for the past sixteen years and have kept cattle upon it. Sworn, 
2:9: 1666, before Wm. Hathorne, J assistant. 

{Autograph. 



368 SALEM QUARTERLY COURT [NoV. 

Jon. Peach, sr., Jon. Peach, jr., and Richd. Rowland v. Richd. 
Norman. Verdict for defendant.* 

John Legge, sr., aged about fifty-eight years, deposed. Sworn, 
2:9: 1666, before W. Hathorne,t assistant. 

John Walldern, aged about forty-two years, deposed that often 
times going fishing with Edmund Nickholsonn, the latter, when 
asked why he sold the farm, replied that he had no use for it. Sworn 
in court. 

William Beale, aged about thirty-eight years, deposed. Sworn 
in court. 

Moses Maverickef testified, Nov. 2, 1666, that at a town meet- 
ing at Marblehead, James Smith, deceased, being called to account 
for keeping cattle, as was supposed, beyond his proportion, on the 
farm, told of his purchase of the farm. Edmond Nicolson was 
present and did not deny it. Sworn in court. 

Emanuell Clarke, aged about forty-five years, deposed. Sworn, 
2:9: 1666, before Wm. Hathorne,t assistant. 

John Burton, aged about fifty-eight years, deposed that, intend- 
ing to go to Roade Island, he was asked by Samuell Aburne to 
inquire of Frances Simson, etc. Sworn, 12 : 9 : 1666, before Wm. 
Hathorne.f 

Copy of a letter, dated Road Island, 17 : 1 : 1666, addressed to 
Samuell Eborne and signed "Thy freind" Frances Simson : "My 
loue is remembred to thee & to thy wife, this is to giue thee to 
understand that the share that my sisters first husband, had in the 
farme belonging to marble head, and mine alsoe, he sould to James 
Smith then liueing in marblehead & the pay was made by the s'^ 
James Smith for the whole to Edmond Nicholson, my sisters 
husband to my best remembrance, but for my selfe I had nothing 
to this daye, not looking for any but leaueing it to my sisters 
husband, as I did all that I had besides that, which is to me at this 
daye aboue two hundred pounds loss, my kinsman sold the farme 
with the house, being informed that it was but lett to James Smith 
by the yeare but I told George Corwin before Edward Norrice the 
scoolemaster, that to my best rembrance, it was sold to James 
Smith, therefore he should not pay till the case was cleere." Copy 
made by Hillyard Veren,t cleric. 

*Writ : John Peach, sr., John Peach, jr., and Rich. Rowland v. 
Richard Norman; trespass; for keeping cattle on the farm or com- 
mon contrary to town order; dated Nov. 20, 1666; signed by 
Moses Mavericke,t for the court; and served by Ambros Gall,t 
deputy constable of Marblehead, by attachment of the dwelling 
house of defendant. 

Richard Norman's bill of cost, 18s. 4d. 

t Autograph. 



1666] RECORDS AND FILES 369 

Capt. Tho. Clearke v. Mr. Jon. Ruck, assignee of John Mastone. 
Review. Verdict for plaintiff, the judgment reversed.* 

Richard (his mark) Norman, the elder, on 22 : 2 : 1653, made 
over his house and ten acre lot in Marvellheade upon Darbe Fort 
side to Richard Norman, his son, who was also to have three Cows' 
pasture in the farm and the other in the common. Wit : Meare 
(his mark) Millet. Sworn by Thomas Millet, sr., to be old Richard 
Norman's act and deed and his mark, 27 : 4 : 1664, before Wm. 
Hathorne.f 

Bond, dated 3:1: 1646, from Richard (his mark) Norman, the 
elder, of Marblehead, to Mr. Wm. Hathorne of Salem, to be paid 
in money or fish. Wit : Wm. Waltonf and Francis Johnson. f 
Wm. Hathorne'sf receipt. 

William Bealef deposed that Allexeander Gelligin owned that 
he let Richard Norman one cow lease last summer upon the land 
that said Gelligin rents from Francis Colling, that is, forty-five 
acres on Marblehead side. Sworn in court. 

Bill of sale dated 30 : 3 : 1664, Deauead Thommas of Bass river 
side to Richard Norman of Marbellhead, one-half a cow's pasture 
upon the town common. Wit : Marck (his mark) Pitman and 
Richard (his mark) Clattere. 

Benjamin Pammiter, aged fifty-seven years, and Edward Reade, 
aged fifty-five years, deposed. Sworn in court. 

*Writ : Thomas Clark of Boston v. John Ruck, assignee of John 
Marston; for pretence of a bill due for freight; dated 24 : 8 : 1666; 
signed by Jonath. Negus, f for the court; and served by Rich. 
Wayte,t marshal of Suffolk, by attachment of one great gun and 
three pounds in boards upon the wharf of Capt. Thomas Clarke 
of Boston. 

Tho. Clarke's bill of cost, Hi. 3s. 

Bond, dated Apr. 7, 1658, John Marston, f to Capt. Thomas 
Clarke of Boston, for the amount due to him on account of the 
ship, Love's Increase, in behalf of Mr. John Rucke, to be allowed 
out of the freight of three tun of wine on board the ketch Return, 
which is consigned to said Clarke. The amount due was to be 
according to said Clarke's account of wages under Capt. Shaples' 
command from Barbados to New England and for one-quarter 
part of the ship Recovery's wages, etc. Wit : Marcke Handesf 
and Geo. Homes. f 

Bond, dated Barbados, Jan. 15, 1658, John Marston,t in behalf 
of Mr. John Rucke of Boston, to Marke Handes; for the use of 
Capt. Thomas Clarke & Co., for 1,225 pounds of good dry Mus- 
covada sugar to be paid at Marke Handes' storehouse, when said 
Clarke should send Capt. Shaples account with the said Shaples 
oath before the Governor of New England that it was a true ac- 
count of the ship Recovery. Wit : Geo. Homesj and John Porter.f 

t Autograph. 



370 SALEM QUARTERLY COURT [NoV. 

Jon. Beckett v. Jon. Northy. Debt. Withdrawn. 

Jon. Beckett v. Jon. Northy. For not dehvering one tun of 
mackerel and four quintals of refuse fish. Withdrawn. 

Jon. Godfery v. Mr. Edmund Greenelife. Debt. Verdict for 
plaintiff. Mr. Hen. Bartholmew, attorney of Mr. Edmund Green- 
leefe, appealed to the next Court of Assistants. Mr. Hen. Barthol- 
mew and Mr. Phillip Cromwell bound.* 

Jon. Goold V. Edw. Coldborne. For taking away a stray colt. 
Referred to the bench. Judgment for plaintiff.f 

Summons, dated 24 : 8 : 1666, to John Ruck, signed by Joanath. 
Negus, t for the court. 

Copy of Salem court record of 26 : 4 : 1666 in action of Ruck v. 
Clark, also copy of the execution and return, made by Hillyard 
Veren,! clericus. 

Deposition of Augustine Lyndon, master of the ship Recovery, 
and now bound for Barbados, who took certain moneys, goods and 
victuals of Tho. Clark of Boston, merchant, without which he 
could not have set sail on the present voyage. He made over to 
said Clark one-fourth part of said ship and freight belonging to 
John Rucke of Boston. Another fourth part belonged to Mr. 
Edward Lassell of Barbados and an eighth part to Wm. Becks. 
This bill of exchange was dated Oct. 30, 1656, and witnessed by 
Massy Veale and Bartlemew Cado. Sworn in court, 30 : 9 : 1658, 
by Hillyard Veren,t cleric. Copy made by Hillyard Veren.J 

*Writ, dated Oct. 16, 1666, signed by Anthony Somerby,t for 
the court, and served by Rich. Wayte,t marshal of Boston. Bond 
of Edmond GreenlefeJ of Boston. 

John Godfery's bill of costs, 2H. Is. 8d. 

Abraham Whitaker, aged about forty years, deposed that he 
was at Boston with John Godfrey in Oct., 1659, when the latter 
demanded of said Greenleafe a bill of Uli., which he finally agreed 
to pay with eight per cent, forbearance. Sworn, Nov. 17, 1666, 
before Daniel Denison.J 

Thomas Hale, sr., deposed that about twenty-five years since 
he bought of John Godfrey a heifer for which he paid eleven pounds 
at 4d. per shilling's advance in English goods as they cost in Eng- 
land, namely, kersey and stuff. These goods Godfrey sold to Leift. 
Edmund Greenleafe, etc. Sworn, Nov. 17, 1666, before Daniel 
Denison.J 

tWrit, dated Nov. 13, 1666, signed by Robert Lord,t for the 
court, and served by Robert Lord,i marshal of Ipswich, by attach- 
ment of two heifers. 

John Gould on Dec. 9, 1665, took up a stray horse colt of about 
two years old, etc. Copy of record of strays, made Nov. 13, 1666, 
by Robert Lord,t recorder. 

{Autograph, 



1666] RECORDS AND FILES 371 

Mr. William Browne v. Ephraim Herrick. Debt. Withdrawn. 

Tho. White, guardian to Martha Halfield, widow v. Robt. Cross, 
sr. Verdict for plaintiff. Appealed to the next Court of Assist- 
ants. Robert Cross and John Goold bound.* 



John Gould's bill of costs, 51i. 13s. 8d. 

Edward Cobourne, aged about forty years, and his son, John 
Cobourne, deposed. Sworn in court. 

Thomas Baker deposed that as he was riding to Ipswig he met 
John Coborn riding to Topsfild and told him of the stray horse at 
John Gould's. This horse had been cried at Topsfild and deponent, 
being constable there, gave notice to the constable of Ipswich to do 
the same. Sworn in court. 

Richard Hutton, aged about forty years, deposed. Sworn in court. 

John Curtis and John Umphrey deposed that a colt was in John 
Gould's English pasture, etc. Sworn, Nov. 23, 1666, before 
Daniel Denison.f 

Zacheus Gould and James Hanscombe deposed. Sworn, Nov. 
23, 1666, before Daniel Denison.f 

John Robison deposed that he was at work in John Gould's yard 
with Gould, etc. That the day before Thanksgiving, he saw this 
colt with a withe about his neck and that Gould told his servants 
to withe him if they ever found him without one, etc. Sworn in 
court. 

Tho. Lowthroppe deposed that while seeking for a mare of his 
which he found in the field of Goodman Smith at Topsfeild, he 
saw the colt in controversy which had neither withe nor wreath 
about his neck. 

Edward Bridges deposed concerning the marks. Sworn in court. 

Zacheus Curtis deposed. Sworn in court. 

Zacheus Curtis and John Robison deposed that Goodman Col- 
born said that Capt. Layterup sent him, etc. Sworn in court. 

Joshua Ray, aged about twenty-nine years, deposed. Sworn 
in court. 

*Writ, dated Nov. 20, 1666, signed by Robert Lord,t for the 
court, and served by Thomas Verne,t deputy for Robert Lord,t 
marshal of Ipswich. 

Bill of cost, 21i. 16s. 

Lawrence Clenton testified, Nov. 27, 1666, that he received 211i. 
of his wife to give to his master Crose for his time, and the latter 
was very unwilling to take the money, but desired him to keep it 
and procure him a servant, for a servant was of more consequence 
than the money. Deponent was very urgent for his freedom and 
so his master went with him to Rachell Hefield to know whether 
he had obtained the money honestly. His wiie told his master 

fAutograph. 



372 SALEM QUARTERLY COURT [NoV. 

that he need not question it, as she gave it to him and it was her 
own to give. Then he dehvered the money to his master and 
received 46s. 4d. in money of him, which deponent laid out for his 
own use. Sworn in court. 

Summons, dated Nov. 21, 1666, to Robert Crose, sr., signed by 
Robert Lord,* for the court. 

Robert Lord, marshal of Ipswich, aged thirty-four years, de- 
posed that being at the honored Major's house before both of the 
magistrates, Rachell said that her mother gave her the money 
before she was married. Sworn, Nov. 23, 1666, before Daniel 
Denison.* 

Thomas Fiske deposed that he heard Rachell Harfild acknowl- 
edge that the gold which she gave Clenton was not given to her 
by her mother but that it was in her custody as were the other 
goods of her mother and she thought that she could dispose of it 
according to her pleasure. Further that Clenton lent his dame 
twenty shillings. Sworn in court. 

Willeam Durgi, aged about thirty-two years, deposed that as 
servant of Goodman Booshop, he was ordered by his master to go 
with Ratchell Haffelde's cow's calf and bringing it to the door, the 
old woman came forth and asked whether or not Rachell had bought 
that cow and deponent told her that she had paid four pieces of 
gold. Then the old woman said it was well, for she had given her 
all her money to dispose of as she saw occasion. At that time she 
was "not verie sencable." Sworn, Nov. 26, 1666, before Samuel 
Symonds.* 

Mr. William Norton, aged about forty years, and Mr. Robert 
Lord, deposed. Sworn, Nov. 26, 1666, before Daniel Denison.* 

Richard Huton deposed that he heard Rachell Harfield say to 
Robert Crose, sr., concerning Clenton ''this is the man that you 
said was worth gold but it is not his fair Lookes that will maintain 
me." Sworn in court. 

Richard Brabrook, aged fifty-four years, deposed that being a 
tenant of the farm called Haffeild's farm, he had occasion often to 
be with Rachell Haffeeld, now wife of Lawranc Clenttonn, to whom 
he had to pay the rent, and the goods always passed in her name 
either to master or merchant. Further that about three years 
since her mother gave her thirty-one or two pieces of gold, because, 
said Rachell, her brothers-in-law had her portion in their hands 
and she doubted whether she should get it because she lived with 
her mother. Sworn, Nov. 26, 1666, before Samuel Symonds.* 

Willeam Nellsonn, aged about thirty-one years, deposed that 
having occasion to go to Goody Clentton's house for some corn due 
him, he found her very sad, weeping and crying, and said that her 
brother White went about to undue her in every way. She said 
that he would have her say that she stole the money or that her 
husband stole it, and he had tried to get away from her all that 
♦Autograph. 



1666] RECORDS AND FILES 373 

William Curtice v. Cristo. Lattamore. Debt. Withdrawn. 

Capt. George Corwin v. Nicholas Browne. Debt. Verdict for 
plaintiff.* 

Jon. Hucheson v. Robt. Cooke. Withdrawn. 

Mr. John Hathorne v. Robt. Taylor. Withdrawn. 

Jon. Bachelor was sworn constable for Wenham and John Peach, 
sr., for Marblehead. 

John Goold acknowledged judgment to Mr. Edmund Batter, 
part to be paid in wheat and part in young neat cattle. 

Capt. Thomas Marshall was licensed to keep an ordinary or 
house of public entertainment and to draw wine; also to draw 
strong waters only to strangers within doors.f 

she had. This was the time when Tho. Whit took away the cow 
from Goodman Graves, etc. Sworn, Nov. 26, 1666, before Samuel 
Symonds.t 

Mr. Harlackinton Symonds, aged thirty-eight years, deposed 
that he was sitting by the fire with Rachell Clentton the night she 
was married, and weeping she said that her brother White, etc. 
Sworn, Nov. 26, 1666, before Samuel Symonds. | 

Robert Crosse, jr., aged twenty-four years, deposed that Goody 
Clenton was at his house very lately, etc. Sworn, Nov. 26, 1666, 
before Samuel Symonds. t 

Samuel Graves, aged about thirty-eight years, Ezekiel Rogers, 
aged about twenty-six years, and Jon. Whipple, jr., aged thirty- 
eight years, deposed. Sworn, Nov. 23, 1666, before Daniel Deni- 
son.J 

Thomas Fiske deposed. Sworn in court. 

Shoreborne Willson, aged twenty-nine years, and Danell Butler, 
aged twenty-four years, deposed. Sworn, Nov. 23, 1666, before 
Daniel Denison.J 

Jeremiah Belcher, aged about fifty years, testified. Sworn, 
Nov. 23, 1666, before Daniel Denison.t 

*Writ, dated 14 : 9 : 1666, signed by Hillyard Veren,t for the 
court, and served by Robert Lord,| marshal of Ipswich, by attach- 
ment of four dozen shucks and sixteen bushels of Indian corn. 

Bill of cost, Ih. 5s. 6d. 

Mr. Jonathan Corwin made oath to the signature of Nicholas 
Brown on the account due to Capt. George Corwin, before Hill- 
yard Veren,t cleric. 

fOHver Purchis,t Thomas Laughton,| Henry Collins, | William 
Crauftst and Thomas Newhall,t selectmen of Lyn, on 23 : 9 : 1666, 
gave liberty to Capt. Thomas Marshall, "to sett up a publique 
house of entertaynment for y^ Comfortable accommodations of 

{Autograph. 



374 SALEM QUARTERLY COURT [Nov. 

Administration upon the estate of Arther Sandy, late deceased, 
was granted to Margerett, the widow, and Nicholas Merritt, 
who were ordered to bring in an inventory to the next Salem 
court. 

Samuell Davice, making oath in court that he was attached to 
answer Thomas Browne, and the latter not prosecuting, was 
allowed costs. 

Mr. Edmond Batter, administrator of the estate of John Hum- 
fryes, Esq., having paid Edw. Richards 51i. for his pains about the 
estate, the court allowed it. 

Inventory of the estate of John Farrington, late deceased, 
brought in by Eliza, the widow, administratrix, and amounting to 
24311. 6s. 6d., was allowed. Ordered to be paid to the children, 
as follows: to Edward, the eldest, 601i., to John, 301i., to Jacob, 
301i., at the age of twenty-one years. The remainder of the estate 
was to go to the widow and the whole estate was to remain in her 
hands for the bringing up of the children. 

Silvester Evely of Gloster was freed from common training 
paying one bushel of Indian corn yearly to the use of the company.* 

Silvester Evely was licensed to keep an ordinary or public house 
of entertainment and to draw wine.f 

Jon. Lee acknowledged judgment to Mr. John Croad. 

Mr. John Hathorne had his license renewed for a year and he 
was not to draw strong waters to be drunk within doors only for 
the relief of strangers not townsmen. 

Jon. Lambert, administrator, brought in an inventory of the 
estate of Elias Wiate, late deceased, and it was allowed. There 
were 41i. 13s. 8d., clear estate, which the administrator was to send 
home or pay to the wife of the deceased or her order. 

Travellers & their horses," etc., and requested the court to confirm 
it. 

*Philip StaynwoodJ and Thomas MilletJ of Gloster, sergeants, 
informed the court, 23 : 9 : 1666, that the bearer, Silvester Evleth 
"being detrebed in his limes." desired to be freed from training. 

fJohn Colhngs, sr.,| William Sargant,t Thomas Millett, jr., J 
Jephery Persons,| and Thomas Riggs,t of Glocester, on 23 : 9 : 
1666, requested the appointment of Selvester Eveleth, "wee beinge 
without any ordinary in our towne and that to the great trouble 
both of strangers and our seulf being forced to entertaine them 
. . . and our towne being athorowfaire both for Seamen and others." 

lAiitograph. 



IGGC] RECORDS AND FILES 375 

At a meeting of the trainband at Andever, choice was made of 
John Osgood as Leift., Thomas Chandler as Ensign, and Henry 
Ingolls, John Steevens and Thomas Farnum as Sergeants, and the 
court confirmed the two commissioned officers. They further 
ordered that the latter have liberty to choose a sergeant from the 
three elected as they see cause.* 

Theophilus Bayly was licensed to sell strong waters at retail to 
be drunk in the house by strangers only. 

Mr. Samuell Sharp of Salem, dying intestate, about ten years ago 
and no inventoryf of his estate having been brought in until this 
present court, and it appearing that there was but little estate and 
on account of the estate not being administered at the time, the 
wife of the deceased had lived upon the town, court ordered that 
251i. be allowed to the children to be divided among them by the 
selectmen of Salem and the remainder to remain in the selectmen's 
hands for the widow. 

Laurence Clinton bound to appear at the next Ipswich court. 
Upon his petition, court ordered that Thomas White lend and 
deliver to said Clinton a bed, bolster, bed clothes, posnet, bason, 
four spoons and a skillet, out of the household stuff of the widow 
Hafeild, now in his possession, to supply his present necessities, 
the same to be returned when the court required it. 

*Petition of the Andover trainband for court's confirmation of 
their choice of officers, dated 26 : 9 : 1666, and signed by George 
Abbooutt,! clerk. 

tinventory of the estate of Mr. Samuell Sharpe, taken June 18, 
1664, by John Browne, sr.,| and Hillyard Veren:J Dwelling house 
& about 3 Acres of ground, 501i.; a sow & 2 piggs. Hi.; one feather 
bead, 1 pr. blanketts, 1 old Rugg, 3 pillowes & 1 bolster, 41i.; 2 
very old flock beads & 2 bolsters, 2h.; an old beadsteed, with cur- 
taines & valenc, IH. 10s.; a side Cubboard, 15s.; an old table & 
2 stooles, 10s. ; one chest, 6 smale old chaires, 10s. 8d. ; 2 old smale 
kettles, 2 skilletts, scumer & warming pan, Hi. 6s.; a pestle & 
morter, 4s.; 2 haukes, 1 pr. of tongues, a spitt, 12s.; a smale Iron 
pott broaken & hoocks,3s. ; a chafin dish & smooth Iron, 2s. 6d.; 
old earthen potts & glasses & other lumber, 3s. ; pewter, 17s. 6d. ; 
a cullender & 5 old occumy spoones, 3s. ; old bookes, 12s. ; 6 old 
Cource napkins, 6s. ; 3 table cloathes, 6 pillow beeres, 10s. ; 5 old 
sheetes. Hi. 5s.; 1 boule, tray & a pr. of bellows, 2s.; 2 smale beere 
vessells, 2s. ; 2 old tubbs & a paile, 2s. 8d. ; a baskett, old chest & 
old barell, 5s. ; total, 67h. Is. 4d. Estate debtor to several men, lOli. 

JAutograph. 



376 SALEM QUARTERLY COURT [NoV. 

Roger Preston, late of Salem, having died intestate almost a 
year since and his debts amounting to more than his estate, no one 
appeared to administer upon it. Several parcels of the estate 
were subject to loss unless care be taken about them, and the court 
ordered that Henry Skerry, marshal, take the estate into his pos- 
session to sell what cannot conveniently be kept, he to receive 
recompense out of said estate- Mr. Batter and Mr. Bartholmew 
of Salem were requested to examine and audit accounts between 
said Preston and any of the creditors and return their report at the 
next Ipswich court, where every creditor who expected satisfaction 
was to appear in person or by attorney, to receive his proportion. 
This order was to be published at some public town meeting at 
Ipswich by Robert Lord, clerk of the court there, and also posted 
upon the meeting house at Salem by the marshal there. 

Hugh Hancock, having been censured by the Worshipful Major 
Wm. Hathorne for swearing, was ordered to be whipped and sent 
to the house of correction for his unruly carriage, and to be returned 
to this court to answer to what should be objected against him. 
Said Hugh appeared and was convicted by testimony of railing 
and threatening speeches against the country and his master, 
threatening to kill him, and other gross abuses offered to his dame. 
Court ordered him to pay lOli. to the county treasurer and 12li. to 
his master Bigford for his time, and to be committed to the prison 
at Ipswich until he be conveyed out of the country to Barbadus 
or some other English plantation to be sold for the payment of his 
fine, or otherwise if any one would undertake to discharge the 
amount and convey him out of the country, provided it be to some 
English plantation.* 

*Christian Bickford, aged about seventeen years, deposed that 
on Sept. 15 of the last year, being in bed in her own house in an 
inner room with the door locked, Hugh Hancock, her husband's 
servant broke open the door, etc. Deponent said she would go to 
some of her neighbors and he told her that if she set foot out of the 
bed he would stab her, etc. Sworn, 27 : 9 : 1666, before Wm. 
Hathorne, t assistant. 

Wm. Hathorne'sf judgment in this complaint. 

Nicholas Cole, aged about thirty years, and Bartholmew Gale, 
aged twenty-five years, deposed that he heard Hancock use threat- 
ening speeches against his master, George Bigford, saying "I will 
have the hart blood of thee or thine," and that he was so unruly 
that the constable was fain to take him into his custody all night. 

I Autograph. 



1666] RECORDS AND FILES 377 

Josiah Elwell and wife Mary, presented for fornication before 
marriage, were fined or to be whipped.* 

John Procter was licensed to keep a house of pubUc entertain- 
ment and to sell strong waters only to strangers.f 

Robert Wilson, complained of for rescuing a cow from the mar- 
shal, after execution was levied, was fined and the fine remitted 
upon his humble submission. He was ordered to return the cow 
or its value to the marshal. t 

Inventory§ of the estate of Obadiah Antrum, late deceased, was 
brought in, amounting to 171H. 9s., and allowed. Administration 
was granted to Martha, the widow, who was ordered to pay 301i. 
to John Phelps, son of Hen. Phelps, kinsman, and SOU. to Hana, 
wife of Isaack Burnap, sister of the deceased, payable six months 
after demand. The remainder of the estate was to be given to the 
widow. 



He also said that he did not care a Straw for the Governor and 
hoped he would see half of those in the countrj^ hanged within this 
half year. Also if he had two pistols in his hands he would kill 
these two rogues as they stand, putting one hand upon his master 
Bigford and the other upon Bartholmew Gale. Sworn, 19 : 9 : 
1666, before Wm. Hathorne,|| assistant. 

*Gloucester presentment. Wit : Samuell Dalliber. 

fJohn Proctor's request for a license to the selectmen of Salem: 
^'I Line At M"' Downings farme w'='' Is In y^ Common Roadeway, 
w^*^ occationeth seuerall travellours To Call In for some Refresh'- 
ment as they pass Alonge & findinge It Like to bee Verry Chargable 
In Case I should Continue to Accomodate such Vpon free Cost, 
doe therefore Earnestly Request you y* you would bee pleased To 
graunt mee Liberty To sett up a house of Entertainment To sell 
Beare, Sider, Liquors," etc. Petition dated 29 : 9 : 1666, and 
signed by WiUiam Browne, 1| Henry Bartholmew, 1| Walter Price, 1 1 
Tho. Lowthropll and Edmund Batter. || 

JJohn Ropes, aged about eighteen years, deposed that he heard 
the execution read at Robt. Wilson's house, etc. Sworn in court. 

§Inventory of the estate of Obadiah Antrum, taken Nov. 29, 
1666, by John (his mark) Neale, John Pickering] | and Gilles (his 
mark) Corey: One half part of a farm now in the hands of Eliezer 
Giles, 801i. ; a house begun & halfe x\cre of land in the towne, BOH. ; 
bricks, 5U., shingles, 2h., pine boards, & Claboards, 29s., 81i. 9s.; 
2 oxen, lOli., 2 Cowes, 81i., ISli.; 1 mare and colt, 51i.; total, 1411i. 
9s. Debts somewhat uncertain, 161i. The estate oweth to Mr. 
William Bro^vne, about 20li. There is about 341i. in the hands of 
Edmond Batter of the estate due to Obadiah not yet delivered, 
191h. 9s. 

1 [Autograph. 



378 SALEM QUARTERLY COURT [NoV. 

Hester Eastwick, widow, presenting an inventory of the estate 
of Capt. Benjamin Feiremayde, deceased, that is in this country, 
court granted administration to said Hester and ordered that she 
pay herself what was her due as appeared by the testimony of 
Frances Nurse. The remainder of the estate was to remain in her 
hands until court took further order.* 

The clerk was ordered to send summons to those persons who 
were presented for absenting themselves from the public ordinances 
and who did not appear, for appearance at the next Salem court. 

Mr. William Browne, sr., Capt. George Corwin, Capt. Price, 
Mr. Edmond Batter, Mr. Bartholmew, Mr. Croade and Mr. Wood- 
cock had their former licenses renewed to sell strong waters. 

James Browne acknowledged judgment to Mr. Ed. Batter, part 
of which was to be paid in wheat. 

Charles Hill, complained of for striking and wounding John 
Mascall, servant of Nicho. Maning, was sentenced to be whipped 
and to pay the boy 5s., the boy's master 5s., and to pay the doctor 
for his cure. Jon. Burges said that he saw said Mascall lying in 
the lane bleeding, and saw said Hill go from him following his 
cattle. Burges asked why he struck him and Hill replied that he 
would strike him again, "should he be afraid of a boy?" Mary 
Barnes said that she saw the two boys, heard them quarrelling and 
heard a noise as if it were a blow struck mth the pail. Sworn in 
court, 29 : 9 : 1666, attest, Hillyard Veren, cleric.f 

Court ordered that the rack lately secured by the Worshipful 
Major Wm. Hathorne and left by him in the hands of John Devorix, 
"all those goods or rack shalbe remainded by the said Majo' 
Hathorne, & by him made use of for the erecting of a cage in Salem, 
& to be accounptable of the remainder or what is don hearein to 
the Court." 

*George Gardnerf and Francis (his mark) Norss, at the request 
of widow Esteck, on 26 : 9 : 1666, appraised one acre of land in 
the field near the north ferry and half an acre of land lying between 
Mr. John Gidny and Goodman Peter at 141i. sterling. There were 
ten acres of land on Marblehead side, but the location was not 
known. 

Franc. Nurce, aged about forty-five years, deposed that Ester 
Eswicke did entrust to Benjamin Fermane one cow valued at five 
pounds for which he promised to pay her 20s. per annum so long 
as he kept the principle in his hands, which is nineteen years. 
Sworn in court. 

tAutograph. 



1666] RECORDS AND FILES 379 

Jeremiah Meachum, administrator of the estate of Thomas James^ 
late deceased, brought in an inventory,* and he was ordered to 
perfect it for the next Salem court. 

Mr. Hen. Bartholmew, administrator of the estate of Eliz. 
Scudder, brought in an inventoryf and it was allowed. After the 
debts were paid, the remainder was to be disposed of according to 
the will of the husband of said Eliza. 

John Tompkins was granted administration upon the estate of 
Ralph Tompkins, deceased, and he presented an inventory.]: 
Court ordered that the five acres of land mentioned in the inven- 
tory be given to said John, and after all debts were paid that 
the remainder of the estate be given to Mary, daughter of John 
Foster. 



*Inventory of the estate of Thomas James, taken Sept. 20, 1666,, 
by Michael (his mark) Shaflin and Nathaniel Felton:§ A dwelling 
house, with the outhouses and the land belonging, 701i.; 5 or 6 
acres fresh marsh, lOH.; 10 acres in the North feild, lOli.; 1 1-4 
Acre salt marsh, lOli.; one Cowe & a heifer, 81i.; one 3 yeare old 
stere, 41i. 10s.; a tenant saw, 5s.; 2 1-2 load of grasse, 12s. 6d.; 
Aples, 12s.; 1 old brasse ketle, 2s.; 2 old ladders, the body of an 
old cart and old bedstead & broken chayre, a forme & a peice of 
an old case, 8s. ; 1 steire, 51i. ; an old sled, 2s. ; 4 old hoopes, 4s. 6d. ; 
a staple with an old yoake. Is. ; a bedstead, 4s. 6d. ; a younge mare, 
21i. 10s.; total, 122h. 9s. 6d. Debtor, Dec. 26, 1666, for charges 
about the farme in repayringe the house & fences and several things 
as appears by the bil of pticulars, 81i. 14s. 6d.; To Nathaniel 
Carrel, 7s. 6d.; To John Smyth upon the ballance of accounts, Hi. 
9s. lid.; total, lOH. lis. lid. Creditor, Giles Core, 1 bush. Indian, 
3s.; Robert Goodale, 1 bush., 3s.; Sam. Belknap, 2s.; John Emery 
of Newbery, 2s. 8d.; Joseph Boyce, a hyde, 9s.; total, 19s. 8d. 

flnventory of the estate of Elizabeth Scudder, widow, taken by 
Henry Bartholmew§ and Hillyard Veren,§ administrators: One 
house with two acres of lande belonginge to it, pt. of it in orchard, 
241i.; debts, Henry Joshne, 7H.; Nathaniell Carrill, 2h.; Giles 
Corey, 7s. 6d.; total, 331i. 7s. 6d. Debts she oweth, lOli. 12s. 9d. 

^Inventory of the estate of Ralph Tompkins of Salem, taken 12 : 
9 : 1666, by Thomas Gardner§ and John Kitchin:§ Five acres of 
land, 71i, 10s.; 1 cow with ye fodder to keep her this winter, 51i.; 
1 swine, 21i.; 1 brass kettle & 1 fryeing pan. Hi. 2s.; 1 hake & 2 
small washing Tubbs, 4s.; 1 payle & 4 Trayes, 5s.; a percell of 
Indian come in ye eare, lli. 10s.; 2 bush, of pease, 7s.; 4 bush, of 
barley, 18s.; 1 Iron pott & a paire of pott hooks, 10s.; a small 
percell of Lynnen yarne, 8s.; a warming pan & 2 brass skilletts,. 

§ Autograph. 



380 SALEM QUARTERLY COURT [NoV. 

Will* of Richd. Johnson, deceased, was proved upon oath of 
Mr. Tho. Laighton and James Axy, and an inventory of his 
estate was allowed. 



7s. ; a pestell & morter, 2s. ; 4 pewter dishes & a latten candlesticke, 
8s. ; 1 latten Tunnill & 2 earthen dishes, Is. ; a smoothing Iron, Is. ; 
an old chest & some other old stuf^e, 6s.; total, 201i. 19s. Debts 
owing, 51i. 

Samuel (his mark) Aburne, aged fifty-two years, deposed that 
at the burial of the wife of Ralph Tompkins, late deceased, as soon 
as the company had departed, he went in to said Ralph, who was 
weak and not likely long to survive his wife, to put him in mind of 
making his will. He also wished to speak with him about the will 
which his wife made, which was to dispose of what was hers before 
her marriage. Deponent told Tomkins that his sister, Tomkin's 
wife, had bequeathed all her property to Mary Foster because she 
had been so helpful to her during her long sickness, doing for her 
what nobody else would do. Tompkins replied that he fully agreed 
to this but he would like to have the use of it during his life and he 
would rather increase than diminish it. Before making his will 
he would first talk with his son Foster, and deponent thought that 
it was his intention to give what he had to Mary Foster. Also 
that Tomkins was of this mind when he was removing to Bridge- 
water, and when, thinking never to see him again, deponent re- 
minded him of Mary Foster. 

An (her mark) Small, aged about fifty years, deposed that Good- 
wife Tomkins told her that she had willed all to Mary Foster and 
that the cow was brought up from a calf for said Mary. 

Edward Grove,t aged about forty years, deposed. 

Nathaniel Felton,t aged about fifty years, deposed that Tomp- 
kins desired to have the bed and other household stuff, but if he 
removed to Bridgwater to his son Samuel's, etc. 

*Will of Richard Johnson of Lynn, dated Aug. 22, 1666, and 
proved by Thomas Laughton and James Axy : "I bequeath to 
my sonn Danll. Johnson that Lott I bought off John Pearson 
usually called Churchmans Lott as alsoe that Lott Joyneing to it 
called Thornes Lott, alsoe twoe acres of Fresh meadow Lying in 
the great meadow in the Countrye as alsoe twoe acers of salt marsh 
in Rumnye Marsh which is pte of that Lott I bought of Richard 
Blood (viz) hee the sd daniell to take possession of it to him his 
heires, & assignes|| for ever 1| when he comes to bee at y« age of 
twentye one yeares or at his mariage if hee marrye beffore (this 
being to be vnderstood concerning thornes Lott abouesd that hee 
is not to have it vntill the deseace of his mother & then to possese 
it, & alsoe the other pte of that aboue written which I bought of 
Richard Blood as alsoe two steares, & two Cowes at his marryage 

t Autograph. 



1666] RECORDS AND FILES 381 

Fined for frequent absence from the public ordinances: Joseph 
Buffum and his wife, 30s.; Samuell Gaskin, 20s.; wife of George 
Gardner, 10s.; wife of Josiah Sothwick, 10s.; wife of Mr. Thomas 
Gardner, 10s. ; John Smith, 20s. ; John Small, 20s. ; John Burton, 
20s. 

The wife of Danyell Sothwick and Robert Stone were convicted. 
William Mastone, wife of Robert Wilson, wife of Anthony Need- 
ham, wife of Samuell Gaskin, wife of Robert Stone, wife of Joseph 
Pope, George Deane and his wife, wife of John Smith, not appear- 
ing, were to have attachments issued for their appearance at the 
next Salem court. 



or when hee comes to be one, & twentye yeares ould if hee marrye 
not before : I bequeath to my son Sam^ Johnson that Lott which 
was Formerlye william Crofts which I Bought o m'' Taylor, & 
alsoe two acres of Fresh meadow in Reedye meadow (viz) hee to 
haue possession there of to him his heires & assignes For ever after 
his Mother deseace 

"I bequeath to my two daughters Abigail Collins, & Elizabeth 
Toleman Fine pounds p peese, & to each of their|| now beingH 
children twentye shillings p peece to bee paid them after the 
deseace of my wife if shee Leaue estate to doe it I bequeath to my 
Loueing & Faithfull wife all the rest of my estate reall & psonall, 
& make her sole executrix And doe Appoynt & impoure m'' Tho: 
Laughton, James Axey, & Andrew Mansfeild to be over seers of 
this my will," etc. Richard (his mark) Johnson. Wit : Thomas 
Laughton,* James Axey* and Andrew Mansfeild.* 

Inventory of the estate of Richard Johnson of Lyn, taken 
18 : 7 : 1666, by Thomas Laughton,* James Axey* and Henry 
Collins:* In corne, 51i. 14s.; in weareing clothes, shoos and stock- 
ings, 71i. 16s.; three paire of sheets, Hi, 15s.; one straw bed, 10s.; 
in linnen & woolen Cloath, Hi. lis.; sackes, tow winnow sheets 
and three yeards of cloath, 21i. ; one bed stead and the bedinge one 
it, 61i.; spininge wheels, a tube, chest & a press, 17s.; old beding 
& a bedstead, Hi. 10s. ; in yearne, Hi. 10s. ; a tube & the mault in it, 
8s.; in woole, 16s.; in cheese, 21i. 10s.; one peece of new woollen 
cloath and buttens. Hi. 17s.; tow pair of sheets and three shirts, 
21i. 17s.; five Pillowbears and tenn Napkins, Hi. 10s.; one bolster 
tick & a table cloath, 16s.; one bedstead and the beding on it, 91i.; 
money, 41i.; A Cubberd & a cushing one it and a table & a forme, 
Hi. 18s. ; one chest, boxes & chears, 14s. 6d. ; a muskett, sword & 
rest. Hi. 10s. ; one bible, tow paire of wool cards & a warminge pann, 
14s. ; a brush, a paire of sheers and a lookinge glasse, 7s. ; In Pevvi^er, 
Hi. 10s.; Tininge panns, earthen and wooden ware, 19s. 6d.; 
Iron pots and cettles and a skillett, 21i. 4s. 6d.; table & a wooden 

*Autograph. 



382 SALEM QUARTERLY COURT [NoV. 

The servants of Mr. Gidney's house were allowed 6s., and Mr. 
Browne's maid allowed 18s. 

Fined by the WorshipfuU Major William Hathorn: — 

Mathew Dove, for being disguised with drink two several times. 
Mr. Emery promised to pay for him.* 

On 8 : 8 : 1666, Mathew Dove, for being drunk the second or 
third time. Samll. Archard promised to pay it.f 



morter and other wooden lumber, Hi. 3s.; eight Barrells & a 
fryinge Pann, Hi. 7s. ; a pair of and Irons, a paire of tonges, spits, 
hangers, an Iron pestle & a Iron crow, 19s.; a Lume & a wheele, 
tow sives, a spade & a smoothinge Iron, lU. 9s.; one heckle, tow 
sives, three Axes, tow forkes, a auger, a rake & a parcell of flax. Hi. 
3s. ; carts, wheeles, yoakes, chaines and a plough, 3U. 5s. ; hay, 81i. ; 
a sider press, 81i.; six oxen, 301i.; Five cowes, 20h.; one younge 
beast & three calfes, 61i. ; one mare, 51i. ; one young mare & colt, 
'71i.; sheepe, 6h.; swine, 61i. 2s.; paire of boots, 5s.; housinge, 
orchyeards, upland & meadow, 17511. ; debts due, 251i. 10s. ; debts 
owinge, 221i. ; total, 346H. 17s. 6d. Sworn to in court by the widow. 

*Salem presentment. Wit: Henry Herrick, sr., Josiah Rootes, 
sr., and John Lovett, jr. John Loveit deposed that he saw said 
Dove go along the country way reeling and staggering like a 
drunken man. Sworn in court. 

fSalem presentment. Wit: Bartholmew Gedney, Joseph Miles 
and Jonathan Pickeringe. 

Execution, dated 24 : 10 : 1666, against Nicholas Browne, to 
satisfy judgment granted Capt. George Corwin, signed by Hillyard 
Veren,t cleric, and returned by Henery Skerry,! marshal of Salem, 
by attachment of nine or ten dozen wooden shovels appraised at 
12s. 6d. per dozen, and one dozen speade trees appraised at 6s. per 
dozen, and four or five great shovels. 

Execution, dated 3 : 10 : 1666, against John Atkinson, to satisfy 
judgment granted John Godfery, signed by Hillyard Veren,t cleric, 
and returned by Henry Skerry, J marshal of Salem, by attachment 
of six hats appraised at 21i. 6s. 6d. 

Execution dated Feb. 14, 16,66, against John Tode, to satisfy 
judgment granted John Godfery signed by Hillyard Veren,t cleric, 
and returned by Henery Skerry, J marshal of Salem, by attach- 
ment of a parcel of cotton rugs appraised at 2s. 4d. per pound. 

Execution, dated June 26, 1666, against Edward Bridges, to 
satisfy judgment granted John Gould, signed by Hillyard Veren,t 
cleric, and returned by Henery Skerry,t marshal of Salem. 

Execution, dated Apr. 23, 1686, against Benjamin Gillmu, sr., 
to satisfy judgment granted John Hathorne, signed by Hillyard 
Veren,t cleric, and returned by Samuell Archard, | marshal of 
Salem, by attachment of a new lighter belonging to said Gillum, 

lAutograph 



1666] RECORDS AND FILES 383 

Timothy Cooper, for stealing, he having satisfied the party. 

On 14 : 9 : 1666, Ed. Jerson, Henry Silsby and Robert Driver, 
for being distempered with strong Hquors. 

On 19 : 9 : 1666, Peeter Greenfeild, for being distempered with 
wine. 

WiUiam Smith, for drunkenness a second time. 

John Lambert, for being drunk. 



of which he said Capt. Will. Hudson had bought one-half, being 
the hull not rigged, and also another lighter that one Rob. Taylor, 
a Scotchman, goes in. On June 19, 1666, Richard Haven of Lyn 
was appointed deputy for Samuell Archard,* marshal, and on 
Aug. 2, Richard Haven,* appraised the lighter that Taylor used 
at 671i. 9s. 

Execution, dated 17 : 10 : 1666, against James Browne, glasier, 
to satisfy judgment granted Mr. Edmund Batter, signed by Hill- 
yard Veren,* cleric, and returned by Henry Skery,* marshal, by 
attachment of the house and ground of said Browne in the pos- 
session of Zebulon Hill and Manasa Maston. 

Execution, dated July 23, 1666, against Capt. Thomas Clarke, 
to satisfy judgment granted Mr. John Ruck, signed by Hillyard 
Veren,* cleric, and returned by Henery Skerry,* marshal of Salem, 
by attachment of a gun of iron appraised at eight pounds and a 
heap of pine boards on his wharf, but before they were delivered the 
constable of Boston attached the whole upon an action of review 
and took them off his hands. The appraisal of the gun was made 
by Thomas Brattle,* Wymond Bradbury* and Tho. Swan.* 

Execution, dated 3:5: 1666, against Mordecai Crafords on a 
house in Salem neck mortgaged to Capt. Thomas Savage, to satisfy 
judgment granted said Savage, signed by Hillyard Veren,* cleric, 
and returned by Henery Skerry,* marshal of Salem. 

Execution, dated 29 : 4 : 1666, against Edward Harrendin, to 
satisfy judgment granted James Steevens, signed by Hillyard 
Veren,* clericus, and returned by Anthony Day,* deputy for 
Henery Skerry, sr.,* marshal of Salem, by attachment of a cow. 

Execution, dated 14 : 12 : 1666, against John Godfery, to satisfy 
judgment granted Mr. Bartholmew Gidney, signed by Hillyard 
Veren,* clericus, and returned by Henry Skerry,* marshal of Salem, 
by attachment of one cotton rug appraised at 2s. 4d. per pound, 
and 11 1-2 yards of cotton cloth at 10s. 2d. per yard. 

Execution, dated Feb. 14, 1666, against John Tod, to satisfy 
judgment granted John Godfery, assignee of WiUiam Pritchett, 
signed by Hillyard Veren,* cleric, and returned by Henry Skerry,* 
marshal of Salem. 

Births in Rowley, 1666: — 

Ann, daughter of Thomas Hardie, jr., Apr. 26. 

Samuel, son of Richard Holmes, May 4. 

* Autograph. 



384 SALEM QUARTERLY COURT [NoV. 

Thomas Mead and Bartholmew Foster, for breach of the peace. 

Robert Wilkes' receipt to Mr. Edmond Batter, dated 18 : 10 : 
1666, for 361i., in full of what was due him from his father's estate. 
Wit : Hillyard Veren, jr., and Hillyard Veren, sr. Entered in the 
court records by Hillyard Veren, cleric. 



Sarah, daughter of John Pearson, May 6. 
Mary, daughter of Thomas Remmington, July 14. 
Thomas, son of Ezekiel Jewit, Sept. 20. 
John, son of Benjamin Gage, Sept. 27. 
Ezekiel, son of Ezekiel Northend, Oct. 8. 
Sarah, daughter of Samuel Brocklbanke, Oct. 29. 
Thomas, son of James Dickinson, Nov. 21. 
Samuel, son of Thomas Wood, Dec. 26. 
Joseph, son of William Houchings, Jan. 20. 
John, son of John Trumble, Feb. 3. 
Nathaniel, son of Anthony Crosbee, Feb. 5. 

Marriages in Rowley, 1666: — 
Mr. Samuel Shepard and Mrs. Dorothy Flint, Apr. 30. 
James Barker, sr., and Mary Wiate, May 22. 
William Law and Faith Smith, May 2. 
Jonathan Hopkinson and Hester Clark, May 11. 
Abel Langley and Mary Dickinson, Dec. 21. 
Berzilla Barker and Anna Jewit, 5 : 10. 
Mr. Philip Nelson and Elizabeth Lowell, 1:11. 

Burials in Rowley, 1666: — 
John Brocklebank, Apr. 5. 
John, son of John Johnson, Apr. 12. 
Sarah, wife of Abel Langley, May 16. 
Sarah, daughter of John Pearson, sr., 16 : 11. 
Sarah, daughter of Samuel Brocklbank, Mar. 1. 

Marriages in Wenham, 1666: — 
John Fairefield and Sarah Geare, 26 : 1. 
John Batchelder and Sarah Goodale, 4 : 3. 
Lot Kilhm and Hanah Goodale, 21 : 3. 
Philip Wels[h] and Hanah Hagget, . 

Births in Wenham, 1666: — 
James, son of James Moulton, 8:1. 
Tho., son of John Powlan, 22 : 1. 
James, son of James Bette, 5 : 2. 
Mary, daughter of James Freind, 6 : 3. 
Elizabeth, daughter of Walter Fairefield, Aug. 9. 
Naomi, daughter of Edward Waldern, 3 : 4. 
Samuell, son of Antipas Newman, 9 : 6. 
Sarah, daughter of Tho. Patch, Dec. 8. 
Ruth, daughter of Daniell Killim, Oct. 9. 
John, son of John Abey, Dec. 15. 



1666] RECORDS AND FILES 385 

Letter of attorney, dated Sept. 6, 1652, from Clement Bately of 
Norwich, England, worsted weaver, to Tho. Oliver of Norw^ich, 
calender, to receive of John Frary, now or late of Roxbury, shoe- 
maker, 51i. of English money. Wit : Tho. Allen, and John Bur- 
rage, public notary. Recorded, 3 : 12 : 1658, by Hillyard Veren, 
recorder. 



John, son of John Batchelder, 13 : 11. 
Marah, daughter of Daniell Gott, 21 : 11. 
Bethia, daughter of John Soolard, 28 : 12, 
Death in Wenham, 1666: — 
Tho., son of Jno. Powland, 22 : 12. 

per Tho. Fiske,* cleric. 

Marriages in Newbury, 1666: — 
John Belconger and Mary Kelly, Apr. 12. 
Curmac [alias] Charles Annis and Sara Chase, May 15. 
Benjamin Lowle and Ruth Woodman, Oct. 17. 
William Chandler and Mary Lord, Feb. 26. 

Births in Newbury, 1666: — 
Joseph, son of Joseph Downer, Apr. 25. 
Ann, daughter of Daniell Peirce, May 22. 
John, son of Peter Cheny, May 10. 
John, son of Amos Stickny, June 23. 
Anne, daughter of William Titcomb, July 7. 
Richard, son of John Knight, July 26. 
Sara, daughter of John Kent, sr., Aug. 1. 
Thomas, son of Abell Huse, Aug. 9. 
Caleb, son of Caleb Moody, Sept. 11. 
Sara, daughter of Daniell Cheny, Sept. 11. 
Henry, son of John Hale, Oct. 20. 
Mary, daughter of John Belconger, Dec. 21. 
Sara, daughter of John Badger, Jan. 25. 
Elizabeth, daughter of John Woollcot, Jan. 24. 
Naomi, daughter of Henry Tewksbury, Jan. — . 
Daniel, son of Henry Jaques, Feb. 20. 
Sara, daughter Georg JefTry, Feb. 26. 
Samuell, son of Daniel Lunt, Mar. 1. 

Deaths in Newbury, 1666: — 
Thomas Smith, Apr. 26. 
Rebecca Swett, May 31. 
John Cheny, sr., July 28. 
Mary, wife of Wilham Chandler, Oct. 29. 
John Ridg, Dec. 30. 

, daughter of John Cheny, Dec. 4. 

John Warrant, Oct. 28. 

per Anthony Somerby,* cleric. 
* Autograph. 



386 SALEM QUARTERLY COURT [NoV. 

Births in Topsfield, 1666: — 

Pheabe, daughter of Joseph and Pheabe Towne, May 4. 

John, son of Isack and Mary Cumings, June 7. 

Damaris, daughter of Thomas and Judeth Dorman, Aug. 3. 

John, son of John and Hana Pebody, Aug. 28. 

Benjamen, son of Edmond and Mary Towne, May 26. 

Edmond, son of Jacob and Cathorne Towne, July 21. 

Tho., son of Daniell and Hana Boorman, July 15. 

Jobe, son of WiUiam and Hana Averell, Jan. 1. 

Thomas, son of John and Sarah Gould, Feb. 14. 
Marriage in Topsfield, 1666: — 

John Perkens and Deborah Browning, Nov. 28. 

per John Redington,* cleric. 

Warrant, without date, for Goody Kichin, Goody Buffum, Joseph 
Boyse, Josias Suddrick, Daniell Suddrick and wife, Jon. Blevin, 
Samuell Gaskin's wife, Michaell Shaflin, wife of Rob. Ston, wife 
of Jo. Smith, Tho. Robbins, Tho. Tuck, Bart. Gidney, Jonath. 
Pickring and Hen. West, returned by Hen. Remolds,* constable. 

Edith Cravitt's* acknowledgment of her sin in abusing the Wor- 
shipful members of the court and for her unruly speeches, and her 
petition to the court for leniency. 

"Topsfield, here is the names of those that are in a Rate to de- 
fray the Townes detes which have not payed which arise before 
the 10th of February : 1664 :" Daniel Clarke, 8s.; Thomas Dor- 
man, sr., IH. Is.; Thomas Dorman, jr., 6s. 7d.; William Averill, 
6s. lOd.; Isack Cumines, sr., 4s. 7d.; Isack Cumines, jr., 13s. 4d.; 
Anthony Carill, 4s.; Thomas Averill, Us. 5d.; Thomas Hobes, 
7s. 8d. ; Thomas Brownig, 8s. 8d. ; William Smith, 4s. 7d. ; John 
French, 4s. 2d.; Edmond Bridges, 5s. Id.; Daniell Blacke, 3s. 4d.; 
Jackob Townes, 8s. 2d. Isacke Estey, 6s. 6d. ; William Townes, 
Is. 4d.; Joseph Townes, 9s. 6d. ; Edmond Townes, 9s. 7d; James 
Watters, 2s. Ud.; William Nichols, 10s. lid.; John Nicholes, 
4s. 3d.; Lucke Weakhn, 4s. Id.; Mr. William Perkins, 14s. 7d.; 
Mr. Gote, Richard Kimball and Thomas Fiske, 10s. 6d.; Barzila 
Barker, 2s. 2d.; Robard Androus, 4s. 4d.; Even Mories, Is. 9d. ; 
John Dauece, Is. 9d. ; William Haeden, Is. 9d. ; William Prichate, 
Is. 9d. ; Farmer Pourter, 7s. ; Thomas Putnam, Is. 3d.; Nathainell 
Putnam, Is. 9d.; John Putnam, 8d.; Jusua Raie, lid.; Goodman 
Herick, Ud. ; Roger Haskell, 8d. ; Ould Blacke, 4d.; WiUiam 
Dogge, sr., Is.; John Dogge, Is.; Richard Kimball, 9d.; John 
Rament, 8d. ; William Rament, 4d.; Samuell Corning, Is. 2d.; 
Goodman Grover, sr., 2d.; Edmond Bushop, Is. 2d.; John Grover, 
2d.; Joseph Roots, 6d.; Jacob Barnie, sr., lOd.; Jacob Barnie, jr., 
lOd. ; John Pouland, 4d. ; Mr. Endicoate, Governor, 10s. ; Samuell 
Guttler, 13s. Signed by John Gould,* in the name of the select- 
men. 

* Autograph. 



1667] records and files 387 

Court held at Ipswich, Mar. 26, 1667. 

Judges : Mr. Symon Bradstreet, Mr. Samuell Symonds, Major 
Genii. Denison and Major Wm. Hathorne. 

Grand jury : Ens. Tho. Hewlett, Robert Day, Ed. Chapman, 
Fr. Wainwright, Ed. Bragg, Wm. Coggswell, John Kmght, Sam. 
Plumer, Wm. Tittcombe, Robert Hazeltine, James Barker, Wm. 
Tenny, Tho. Perkins and Rich. Barker. 

Jury of trials : Thomas Bishop, Jer. Belcher, Robert Pearse, 
James Chute, Anth. Potter, Tho. Clarke, Wm. Chandlour, Tho. 
Hale, Ed. Huttcheson, James Bayly, Abr. Jewett and Tho. Baker- 

Civil cases: — 

Abraham Perkins v. Christopher Milton. Debt of 31i. paid to 
Wm. Sterling for him. Verdict for plaintiff.* 

Bill of presentments, dated 27 : 4 : 1666, and signed by Henry 
Bartholmew,t in the name of the rest: — 

Nicholas Jackson of Salem, for breach of the peace in striking 
and abusing Hugh Paskee. Wit: Bartholmew Gedney, John 
Norman and Jonathan Pickeringe. 

John West, for a common highway being very defective within 
the farm he lives on or near the house in which he lives. Wit: 
John Dodge, sr. Will. Allen, Robt. Leach and John Norman were 
appointed to view it and report. 

Marblehead presentment. Owin EUett, for swearing. Wit: 
William Charles and Richard Hawley. 

Marblehead presentment. Jos. Codner, for swearing. Wit: 
Sam. Ward. 

Marblehead presentment. Francis Hoop, for defect in packing 
a barrel of mackerel. Wit : William Carter. 

Warrant for the Marblehead and Salem presentments, dated 
June 28, 1666, signed by Hillyard Veren,t cleric, and returned by 
Samuell Ward,t constable of Marblehead. No return made of 
the Salem warrant. 

*Writ, dated Dec. 20, 1666, signed by Robert Lord,t for the 
court, and served by Robert Lord,t marshal of Ipswich. 

Willyam Starlin, aged about thirty years, deposed that Milton 
desired Perkins to help deponent with some corn and other things 
which he had of said Perkins and when they reckoned Milton was 
present and promised to pay Goodman Bishope of Ipswich, which 
was the latter end of 1665. Thomas Grant deposed the same. 
Sworn, 25 : 1 : 1667, before Simon Bradstreet. f Paper addressed : 
"For Willia. Starling att Haverhill: these dd with Care." 

Anthony Austine deposed that he was at Abraham Perkins' 
house, etc. Sworn in court. 

Abraham Purckinsis bill of costs. Hi. 10s. 8d. 

fAutograph. 



388 IPSWICH QUARTERLY COURT [Mar. 

Mary Robinson v. Christopher Milton. Debt. For clothes 
he had of her. Verdict for plaintiff. 

Thomas Thulay v. Wm. Ilsly, selectman of Nubury, in behalf 
of the town. For non-payment of 141i. for killing seven wolves, 
due by town order. Verdict for plaintiff.* 

Mr. Edmond Batter v. Charles Hasselton. Debt. Verdict 
for plaintiff.f 

Christopher Milton v. Abraham Perkins. For disposing of his 
goods left in his hands and not giving a true account. Verdict for 
defendant, t 

*Writ, dated Mar. 19, 1666, signed by Anthony Somerby,§ for 
the court, and served by John Wallcot,§ deputy for Caleb Moody, § 
constable of Newbury. 

John Walcoot deposed that there was no question that they 
were all wolves, both old and young. Sworn in court. 

Thomas Thulay deposed that he killed the wolves in Newbery 
dry common. 

Thomas Thulay's bill of costs, Ih. 9s. lOd. 

Copy of record of a town meeting held Mar. 6, 1664, in regard 
to the bounty for killing wolves, signed by Anthony Somerby.f 

fWrit, dated Mar. 15, 1666-7, signed by Hillyard Veren,§ for 
the court, and served by Henry Skerry, § marshal of Salem, by 
attachment of all defendant's tillage land, "whether M'' Salting- 
stones or any else." 

John Coburn deposed that he heard Charles Hezelton acknowl- 
edge about two years ago that he bought a horse of Mr. Newman, 
for which he was to pay 151i., etc. Sworn in court. 

Ed. Batter's bill of costs, IH. 15s. 6d. 

Edmund Batter's bill against Charles Heslington of Wenham, 
for 241i. 2s. Id., made by Hilliard Veren,§ from his uncle, Edmund 
Batter's books, and attested by Edm. Batter, § who, with said 
Veren, made oath, 22 : 1 : 1666, before Wm. Hathorne.§ 

JWrit, dated Mar. 19, 1666, signed by Robert Lord,§ for the 
court, and served by Robert Lord,§ marshal of Ipswich. 

Thomas Grant, aged thirty years, deposed that about a year 
before Christifer Milton brought to Abraham Perkinsis house a 
parcel of cotton wool and sugar, and desired him to sell it for him. 
Sworn, 25 : 1 : 1667, before Simon Bradstreete.§ 

Anthony Austine deposed that he wrote out the account for 
said Perkins and Milton received it and did not make any objection. 
Sworn in court. 

William Starlin, aged thirty years, deposed that lis. were paid 
to Mr. Thomas Bishup upon Abraham Pirkins' account and that 

§Autograph. 



1667] RECORDS AND FILES 389 

Christopher Milton v. Abraham Perkins. Unjust molestation. 
Verdict for defendant.* 

Renold Foster, jr. v. Wm. Whittred. Slander. Withdrawn. 

Daniell Wicham, guardian for Sam. Smith v. Jer. Elsworth. 
Withdrawn. 

Mr. Anthony Crosbie v. John Tod. Breach of a bond. Special 
verdict. Court found for defendant. f 

Roggurs Birgis disowned thirty-three shillings, etc. Sworn, 25 : 
1 : 1667, before Simon Bradstreete.J 

John Frincke deposed that Samuell Currear said that Abraham 
Purkenes had attached the staves he provided for Cristopher 
Milton, etc. Sworn in court. 

John Aslett deposed that he received 71i. of cotton wool from 
Abr. Perkins' wife, etc. Sworn, 22 : 1 : 1666, before Simon Brad- 
street. J 

*Writ, dated Mar. 18, 1666, signed by Robert Lord,t for the 
court, and served by Robert Lord, J marshal of Ipswich. 

Abraham Purckinsis bill of costs, 4s. 

fWrit, dated 20 : 1 : 1666-7, signed by Tho. Leaver, J for the 
court, and served by Thomas Tenny,t constable of Rowley. 

Copy of articles of agreement, of Feb. 10, 1662, made June 22, 
1666, by Robert Lord,| cleric. 

Copy of award of arbitration between Mr. Anthony Crosbie 
and John Tod, both of Rowley, returned by Edward Woodman, 
John Pike and Daniell Ela: that there was due to John Tod, 15411. 
18s. 6 l-2d., and in payment Mr. Anthony Crosbie was to give him 
a firm deed of the land at Merrimack, within ten days, also the 
191i. 18s. 6d. due was to be paid in merchandise; they confirmed 
the articles of exchange concerning the twenty-nine acres near 
Rowley town, dated 10 : 12 : 1662, and Crosbie was to give a deed, 
etc. Sworn in court at Ipswich, Sept. 25, 1666, before Robert 
Lord,t cleric. 

John Todd's bill of cost, 21i. 5s. 

Anthony Crosbie'sf pleas, and John Tod'st answer. 

Verdict returned by the jury. Mr. Crossby's wife mentioned. 

Nicolas Brown deposed that Tod and Crosby were at his house, 
etc. Sworn in court. 

John Pickard testified that he heard Tod offer to settle with Mr. 
Crosbey and asked deponent to speak to Mr. Wade to that end. 
Sworn in court. 

Robert Lord, sr,, deposed. Sworn in court. 

Ezekiell Northend and John Pickard deposed. Sworn in court. 

John Acie deposed. Sworn in court. 

JAutograph. 



390 IPSWICH QUARTERLY COURT [Mar. 

Mr. Anthony Crosbie v. John Tod. For not giving assurance. 
Withdrawn. 

John Poor, attorney to Daniell Poore v. Jo. Godfry. With- 
drawn. 

John Wooddam, assignee of Rich. Dole v. John Godfrey. Debt 
of forty bushels of wheat. Verdict for plaintiff. 

John Wooddam v. Peeter Ayre. Debt. Verdict for plaintiff.* 

Edward Harraden v. James Steevens. Review. Verdict for 
plaintiff, t 

Anthony Crosby and John Tod, June 22, 1666, appointed John 
Pike of Newbury and Daniell Ela of Haverill, arbitrators. Wit: 
John Pickard and Anthony Austin. Copy made by Robert Lord,t 
cleric. 

Philip Nellson, aged about thirty-one years, deposed that Tod, 
standing in the street about ten rods from the dwelling house, 
tendered the deeds to Mrs. Crosbe, handing them over the rails, 
but she refused to receive them. Sworn in court. 

John Pickard and Philip Nellson of Rowley deposed that Mr. 
Crosbey was not at home, but his wife was in the orchard, etc. 
Sworn in court. 

*Writ, dated Mar. 16, 1666, signed by Robert Lord,| for the 
court, and served by John Griffing,t deputy marshal for Robert 
Lord, J marshal of Ipswich, by attachment of three acres of meadow, 
formerly John Woddomes. 

Peter Ayer| of Haverell, husbandman, Dec. 29, 1665, acknowl- 
edged a debt of 91i. to John Wooddam of Ipswich, bricklayer, to 
be paid at the latter's house in Ipswich or the house of Edward 
Hazen of Rowley. Wit : Willm. WhiteJ and Katherine (her mark) 
White. 

Peter AyerJ of Haverhill, on Mar. 19, 1666-7, appointed John 
Griflfing of Rowley his attorney. Wit : John Carleton| and Martha 
(her mark) Dow. 

tWrit, dated Mar. 16, 1666, signed by Robert Lord,t for the 
court, and served by Anthony Day,t deputy marshal for Robert 
Lord, J marshal of Ipswich, by attachment of meadow. 

Edward Haridines bill of costs, 41i. 6s. lOd. 

William Evens, aged about forty-six years, deposed that he had 
mowed the land in controversy as the right of Will. Huff, who was 
the first owner, and the bound marks were a tree upon a knoll of 
rocks to a stake near the great creek. Sworn in court. 

William Linkhorne, aged about twenty-three years, deposed that 
he and Richard Beaford were mowing and deponent asked if he 

X Autograph. 



1667] RECORDS AND FILES 391 

knew the bounds of his master Harridin's marsh, etc. Sworn in 
court. 

Copies of depositions of Richard Beeford, John Pearce, WilHam 
Hascall, jr., Clement Coldum, George Blacke and Isaack Steevens, 
taken from Salem court records, 27 : 4 : 1666, by Hillyard Veren,* 
cleric. 

Thomas Joanes, aged sixty-eight years, deposed that he mowed 
for John Goyte upon the other side of the main creek to the head 
of the Long cove, etc. Sworn in court. 

George Blake, aged about fifty-five years, deposed that his 
meadow was measured before Solomon Martin's, etc. Sworn, 
Sept. 25, 1666, before Samuel Symonds.* 

Thomas Joanes, aged sixty-eight years, deposed that when the 
lot layers o!:" Gloster first laid out the marsh of the Long cove in 
Squam, he was with them, etc. Sworn in court. 

Thomas Kemball deposed that this land was in possession of 
Robert Dutch fifteen or sixteen years ago, etc. Sworn in court. 
Copy of grant to William Hough taken from the town book by 
Thomas Riggs.* 

Clement Coldum of Glocester deposed that he was chosen by 
Edward Harinden and William Seargent by James Stevens to 
settle, etc. Sworn in court. 

Robert Dutch, aged about forty-five years, deposed that he 
lived on the land in controversy from 1651 to 1657, etc. Sworn 
in court. 

Willm. Lincorne deposed that when he was mowing about five 
years ago for his master Harrendine, he went to dinner where John 
Pearce and Clement Coldum were, etc. His master had mowed 
this lot every year since Harrendine came to live at Glocester. 
Sworn in Ipswich court, 26 : 7 : 1665, and copy made by Hillyard 
Veren,* cleric. 

Richard deposed. Sworn in court at Ipswich. Copy made 

by Hillyard Veren,* cleric. 

William Lincolne deposed that Edward Harrenden went to live 
at Gloster about April, 1657. Further that when they brought 
in the hay this year, James Steevens came with a constable's deputy 
and took the hay off Harrenden's canoes as they lay in his dock 
upon his own land near his house. Sworn, June 25, 1666, before 
Samuell Symonds, and copy made by Hillyard Veren,t cleric. 

Clement Coledam, aged forty years, deposed that the town gave 
John Goyte the marsh in exchange for a four acre lot of marsh. 
Sworn in court. 

Copies of Salem court record, 26 : 4 : 1666, and writ, and de- 
position of Clement Coledum, taken from Ipswich court records 
of Sept. 26, 1665, made by Hillyard Veren,* cleric. 

William Linckhorne testified that John Goyte told him that he 
sold the land to Robert Dutch, etc. Sworn in court. 

* Autograph. 



392 IPSWICH QUARTERLY COURT [Mar. 

Mr. Phillip Nellson v. John Woolcott. Non-payment of 20011. 
Verdict for plaintiff. Appealed to the next Court of Assistants. 
John Woolcott, John Dressor and Thomas Lovell bound.* 

Copies of writ, and depositions of Clement Coldum, Richard 
Beeford, John Pearce and George Blake, made by Hillyard Veren,t 
cleric. 

*Phihp Nellson'st receipt, dated Nov. 16, 1665, to John Willcot 
of Newbury, for 81i. 15s. in part payment for the Merrimack land. 
Wit: Ezekiel Northend.f 

Philip Nelson'sf receipt, dated Nov. 7, 1663, to John Willcot of 
Newbury, for a pair of oxen and a pair of steers, in part payment 
for the Merrimack land. Wit : Edmund Mors.f 

William BouUton deposed that he lived a little while near Robert 
Savery and the latter was damaged no less than ten or twelve 
shillings by the benefit that he might have made of his cows if the 
house had been finished according to the time of agreement. Sworn 
in court. 

deposed that he had several times seen the corn and 

hay covered with a great depth of snow, etc. Sworn in court. 

William Boulton and Robert Savery deposed that John Wilcott 
of Newbury, carpenter, in consideration of 300 acres of land in 
Rowley bought of Philip Nellson of Rowley, promised to pay 200li. 
Half of this amount was to be paid in building a house and barn 
upon the land of said Nellson at Merrimacke, the house to be thirty- 
four feet long, sixteen feet wide and nine feet stud, the roof covered 
with well seasoned pine boards, to be double-boarded, well and 
substantially nailed, the sides and ends of the house to be clap- 
boarded with good and substantial clapboards, well nailed, make 
six windows, the four lower windows to be two feet long, with 
three lights each, the doors to be made of good pine boards, with 
hooks and hinges, and he to hang the same, to make and lay four 
floors, two lower and two chamber, close-laid and covered with 
good and well-seasoned pine boards, well-nailed, to make a good 
double chimney, daub the same, making a good back to said chim- 
ney, to daub the ends of the house and the sides up to the wall 
plates with clay, make an oven, flight of stairs to the chambers, 
all to be finished before the last of May, 1663. He was also to 
build a barn fifty by twenty feet, near said dwelling house, thirteen 
feet stud, the roof covered with well-seasoned pine boards, with a 
good floor, etc., for all of which said Wilcott was to have lOOli. 
allowed him, the other hundred to be paid in corn, delivered aboard 
some boat in Merrimacke river near Nellson's land, and neat 
cattle, not over seven years old, or oxen not over nine. Sworn 
in court. 

t Autograph. 



1667] RECORDS AND FILES 393 

Zorobabell Endicott v. Daniell Hovey and Edmond Bridges, 
in behalf of the town of Topsfield. Withdrawn. Edmond Bridges 
allowed costs. 

John Tod v. John Godfry. Review. Withdrawn. 

Mr. Antipas Newman v. Charles Hazelton. Non-payment of 
61i. Verdict for plaintiff.* 

John WooUcott's answer to the foregoing testimony: that after 
the lease was made, Saverie and Boulton went to Mr. Nellson to 
get him to make the bargain less hard, and he agreed to allow them 
201i., and deponent did not counsel them to do anything, for it 
was nothing to him whether they were abated or not. 

John Wattson, aged twenty years, deposed that John Willcot 
came to him when he was working for Goodman Northend of 
Rowley beyond Rowley mill and offered him five pounds to help 
him get a writing that was in the hands of his master Nelson. He 
told deponent that he might get it on some Sabbath day or some 
lecture day when nobody was at home and he could tell it by one 
of the corners being torn off and a great hole in the middle of it. 
His master had put it in a little box, with a key in it, which was 
in the chest that stood at the cellar door. Also said Willcot 
coming to deponent's master's house to tell him that he had the 
barn ready for raising, called him out of the house and asked him 
if he had yet secured the writing, to which deponent replied that 
he had not gotten it, neither did he intend to if he gave him seven 
pounds. Sworn in court. 

Daniell Ela deposed that when the house and barn were finished 
there were no stairs in the house and but two windows glazed, and 
the floors laid so loose that a man could put his hand in. Further 
the barn was not half clapboarded, split boards were used, which 
did not come together at the edges, the timbers generally being 
half a foot from one another, etc. John Tenny attested to the 
same. Sworn in court. 

Thomas Kimball deposed. Sworn in court. 

John Knight deposed that he was on his way to Haveral and 
stopped at Mr. Nelson's farm where John Burbank lives and the 
latter asked him to stop and see how wet his hay and corn were, 
for the rain came in at many places in the roof, etc. Sworn in 
court. 

*Writ, dated 13 : 1 : 1667, signed by Tho. Fiske,t for the court, 
and served by William Rayner,t deputy constable for Theophilus 
Wilson,t constable of Ipswich, by attachment of the dwelling 
house, barn and six acres of land of defendant's. 

William Rayner deposed that about a week before Charles 
Hezelton went away, he acknowledged the debt, etc. Sworn in 
court. 

t Autograph. 



394 IPSWICH QUARTERLY COURT [Mar. 

Robert Coburn deposed that he heard Hezelton say that he 
owed Mr. Newman for a horse, etc. Sworn in court. 

Mr. Wm. Perkins v. Mr. Thomas Gillbert. Defamation. Two 
cases. Withdrawn. 

Mr. Robert Paine, executor to John Ward v. Mr. Wm. PhiUips. 
Debt. Verdict for plaintiff. Appealed to the next Court of 
Assistants. Wm. Phillips, Andrew Peeters and Thomas Haukings 
bound.* 



*Writ, dated Nov. 26, 1G66, signed by Samuel Green,t and 
served by Rich. Wayte,t marshal of Boston. Bond of Will. 
Phillipps,t James Oliverf and Edmund Downe.f 

Symon Lynde, aged about forty-three years, deposed that on 
Nov. 10, 1658, upon account of Mr. WilHam Philhpps, he paid Mr. 
John Paine of Ipswich 301i., and obtained a receipt. Sworn, Mar. 
23, 1666, before Jer. Houchin,t commissioner. 

Bill of costs. Hi. 10s. 

Agreement, dated Nov. 19, 1651, between Will. Phillips,| sr., 
of Boston, and John Ward of Ipswich, chirurgeon, the former for 
701i. sterling was to ship for said Ward in Mareland or Virginia, 
upon the ship John the Adventure, Mr. Richard Thurston of 
Boston, master, good tobacco at 3d. per pound to be delivered 
in London. Said Ward was to pay the freight and customs, and 
the bargain was to hold good in case Maj. Gen. Gibbons "shall 
pforme with the abouesaid William" in the payment of the 701i., 
and said Ward was to stand the loss of tobacco by damage. If 
Maj. Gen. Gibbons did not pay the 701i. in tobacco, he was to pay 
by bill of exchange in England by the next return of the shipping 
from Virginia. If all failed, then William should pay said John 
841i. in pieces of eight. Wit : Richard Shearman.f 

William Phillipsf receipt, dated Nov. 18, 1651, to John Ward 
for 201i. in pieces of eight. The remainder of the 701i. was paid 
as follows: by Mr. Francis Willowby, 171i. 15s.; Tho. Haukings 
in wheat, 201i.; Mr. Rouell, 121i. 5s.; in monie, 201i. 

Goods bought of Mr. Simond Line on account of Mr. William 
Phillips: two pieces of Canvas Containing 109 ells & 3-4 at 2/8 p 
ell, 141i. 12s. 8d.; 2 halfe peces of Lockrum at 4/15, 91i. 10s.; 2 
peices of osenbrige Containing 59 1-2 ells at 22 p. ell, 5h. 9s. Id.; 
total, 291i. lis. 9d. 

Copy of the charge for tobacco loaded on board the John's 
Adventure for Mr. John Ward, dated June 24, 1652, and signed 
by Ri. Thurston: Mr. Shawe, debtor, to ye freight of 9 Hogsheads 
of Tobacco at 40s. p. Hogsh., 181i.; for pinage, wharfage, literage, 
warehouse roome & Coopage at 16d. p. Hog., 12s.; total, 181i. 12s. 

t Autograph. JAutograph and seal. 



1667] RECORDS AND FILES 395 

Edward Neland v. Thomas Lovell. Debt. Verdict for plain- 
tiff.* 

Joseph Boud v. Hope Allen. Withdrawn. 

Mr. Symon Bradstreet v. Wm. White. For breach of covenant. 
Verdict for plaintiff, eight sheep or four pounds. 

"M'' Ward for y^ abatem* of Weight: I must needs Say so much 
of y® man y* was entrusted whose name is M'' Turner who is com- 
monly emploied on such occasions at Custome Howse y* all men y* 
eu'' I spake w*^ know him to bee honest in what hee undertakes & 
for not paying y*" iust sume for my Father I not receiued one pownd 
of Tobacco of y*" Maior uppon y^ Accoumpt: therfore my father 
& your self e may doe as you please I rest your cordiall Frind Rich : 
Thurston." Copy. 

Weight of ye Tobacco in Virginia grosse is 3,154; the tare of ye 
Caske as allowed by all Merchants in Virginia is 551i. p. Hogs., 
495; total, 2,659. In neate Tobacco bought in Virginia & 
dehvered for Mr. Ward, 2,659. Weight of ye Tobacco in London 
when they first weighed, yet by the account of a man intrusted who 
saw it weighed only weighed 26C. 2qr. 181i. ; gross weight in Lon- 
don, 27C. Oqr 6H.; to be abated, Iqr, 16H. Copy. 

Ri. Thurston's receipt to Mr. Richard Shaw for 181i. 12s. for 
freight. Copy. 

*Writ, dated Mar. 18, 1666-7, signed by Robert Lord,t for the 
court and served by Robert Lord,t marshal of Ipswich. 

Sarah Waree deposed that at the last Fast day at night she 
heard Thomas Loveell say that his master Baker should have the 
frame before he would keep it any longer. Sworn in court. 

John Woodham deposed that he heard that Tho. Lovell had 
bought or was about to buy Wore's house of Neland, and upon 
deponent asking said Lovell, the latter said he had not bought it. 
Deponent told him that nobody should meddle with any house 
upon his ground and forewarned said Thomas, before Deacon 
Knowlton, not to come upon his ground. Sworn in court. 

Edward Neland's bill of cost, Hi. 7s. lOd. 

John Baker, sr., deposed that Lovill offered to allow him ten 
shillings, etc. Sworn in court. 

Martha Anthru, aged about twenty-three years, deposed that 
in the spring of 1666, Lovell at her father's house owned a debt to 
Nealand, which he promised to pay next Michelmas to deponent's 
father Mr. Baker, in corn or cattle, according to bond. Sworn in 
court. 

Sarah Warr, aged nineteen years, deposed. Sworn in court. 

t Autograph. 



396 IPSWICH QUARTERLY COURT [Mar. 

Mr. Symon Bradstreet v. Robert Crose. For breach of coven- 
ant. Verdict for plaintiff, six good sheep or three pounds.* 

*Summons, dated 14 : 1 : 1666, for the appearance of Robt. 
Crosse and Willm. White of Ipswich, signed by Robert Lord,t for 
the court. 

Robert Crosse, jr., aged twenty-one years, and Steeven Crose, 
aged seventeen years, deposed that they having been employed 
about these sheep of the Worshipful Mr. Broadstreet, provided 
for them both hay and house, that there were six old ewes, four of 
which died, four ewe lambs, a yearling, and three wether lambs 
and a ram. They put them on the island with their other cattle 
two summers and tended them, but in a night almost all were 
killed or torn in pieces, with four of their neighbor Burnomes, to 
the great amazement of all, and some were driven into the sea that 
were never found. What killed them they ne