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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 V 
1672-1674 



SALEM, MASS. 
PUBLISHED BY THE ESSEX INSTITUTE 

1916 



NOTE 

The original book of records of the Norfolk County Quarterly Court, to 

which reference was made in Volume I, as having disappeared, recently has 

been found in the office of the Essex County Registry of Deeds. The book 

now has been returned to its proper place in the office of the Clerk of Courts. 



THOS. P. NICHOLS & SON CO. 

Printers 
Lynn, Massachusetts 



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



Court held at Ipswich, Mar. 26, 1672. 

Judges: Mr. Symon Bradstreete, Mr. Samuell Symonds, Major 
Genrll. Denison and Major Wm. Hathorne. 

Jury of trials: Mr. Daniell Epps, Deacon Pengry, Edmond 
Bridges, John Denison, Jacob Foster, Henry Archer, John Emry, 
Wm. Morse, Edw. Richardson, Jo. Trumble, Ezek. Mighill and 
John Commings. 

Hackaliah Bridges being cast away and dying intestate, Mr. 
Samuell Symonds and Major Genrll. Denison, the clerk being 
present, on Feb. 8, 1671, granted administration to Obadiah 
Bridges, his brother, who was to bring in an inventory. 

On Mar. 15, 1671-2, Samuell Ellwell acknowledged judgment in 
two actions to Mr. Jonathan Wade, before Mr. Samuell Symonds 
and Maj. Gen. Denison, said judgments to be paid in fish. 

John Cornu acknowledged judgment to Mr. Jonathan Wade. 

Abraham Robinson acknowledged judgment to Mr. Jonathan 
Wade. 

An imperfect inventory of the estates of Elias Young, Wm. 
Yabsly and Edward Foster, who were cast away at sea, being 
presented, and court being informed that the estates may suffer 
unless an exact inventory be returned, Mr. Bartholmew Gedney, 
Mr. Christopher Lattimer and Erasmas James were appointed 
administrators, they giving security. All their charges were to 
be paid, although the persons deceased be found to be insolvent. 
Court further ordered that all creditors have notice by publica- 
tion to bring in their bills to these administrators, in order that 
each might receive his proportion, and that the said administra- 
tors have power to make sale of such part of the estates as 
necessary. 

Abiell Somerby dying intestate, court granted administration 
to Anthony Somerby and Rebecka Somerby, relict of the said 

[1] 



2 IPSWICH QUARTERLY COURT [Mar. 

Abyell. An inventory of the estate, amounting to 3151L was 
presented, and four children were left, she being with child at 
the time. Court ordered 100K. to the widow and the rest of the 
estate to the children, the eldest son to have a double portion. 

Inventory of the estate of Abiell Somerby, who deceased Dec. 
27, 1671, taken by John Knight and Tristram Coffin: Housing, 
orchard, etc., wearing apparel, domestic animals, household 
furnishings, arms, etc., 31511. 6s. 8d. [Original on file in the Reg- 
istry of Probate.] 

James Watters v. Patrick Morrin. Slander. Verdict for plaintiff. 
Defendant was to make public acknowledgment in the first town 
meeting in Topsfield. Execution was fully satisfied on Apr. 2, under 
the hands of James Watters, Jo. How and James Hartscomb.* 

Mr. Nicolas Page, administrator of the estate of Major Benja- 
min Keanie, deceased v. John. Collings and Henry Collings. 
Trespass. Verdict for plaintiff, the six acres of meadow.f 

*Writ, dated 21 : 10 : 1671, signed by John Redington,! for the 
court, and served by Jeremiah Elsworth,! constable of Rowly. 

fWrit, dated Mar. 8, 1671-2, signed by Jonathan Negus,! for 
the court, and served by Samuell Hartt,! constable of Lin, by 
attachment of the dwelling houses of defendants. 

Nicho. Page's bill of cost, Hi. 15s. 

Copy made at Lyn, 13 : 1 : 1671-2, by Thomas Laughton,! 
clerk, of all the salt marsh laid out in the first and second divi- 
sion in Rumley marsh, taken out of the old records, 20 : 4 : 1651. 
Thomas Talmage, six acres, now Capt. Keayans. 

Agreement, dated Lyne, Mar. 22, 1668, between Nicho. Paige,! 
and Henry Collins! and John Collins,! both of Lyn, concerning 
six acres of meadow near a place called "the paynes" in Lyn, 
which meadow was formerly Capt. Keaynes and bought by said 
Collens of Capt. Marshall, now of Lyn, for six pounds; that 
they would leave it to Jonathan Wade of Mesticke and Robert 
Rand of Lynn to settle the price to be paid. If they could not 
agree then Capt. Wallker was to be the third arbitrator. Capt. 
Marshall acknowledged, Mar. 13, 1671, before Daniel Denison,! 
that he was a witness to this agreement. 

Copy of a record of a county court held at Boston, July 28, 
1668, signed by Edw. Rawson, recorder, granting administration 
of the estate of Mr. Benjamin Keayne to Mr. Nicholas Paige, in 
the right of Ann, his wife, daughter of the said Keayne, which 
the late Capt. Robt. Keayne, his father, took no possession of 
nor administration upon, and he to bring in an inventory to the 
next county court. Copy made by Freegrace Bendall,! cleric. 

J Autograph. 



1672] RECORDS AND FILES 3 

Capt. Keayne's inventory, showed 23911. 9s. 2d., owed to his 
father, and 51i. 15s., owed by Richard Dexter, as attested by 
Edw. Rawson,* secretary. 

Richard Cooke, aged about fifty-eight years, testified that 
many years since he heard Mr. Edward Lane, deceased, order 
Capt. Thomas Marshall to sell six acres in Lin marshes for 61i. 
Sworn, — 21, 1668, before Richard Parker.* 

Copy of deed, dated Dec. 2, 1663, Edward Lane of Boston, 
merchant, as the portion of Mrs. Anna, the daughter of Major 
Benjamin Keayne, deceased, and grandchild to Capt. Robert 
Keayne, late of Boston, deceased, now reputed wife to said Lane, 
which was promised upon contract of marriage, but which had 
been neglected, and "for other sorrowes and sufferings which 
through my weaknes and Infirmityes I haue occasioned to befall 
hir the said Anna," conveyed to Thomas Bratle and Robert 
Gibbs, both of Boston, merchants, as feoffees in trust for said 
Anna, "my own dwelling house which was the mansion dwelling 
house of the sayd Capt. Robert Keayne deceased wherein I the 
sayd Edward Lane now dwell w*h the tennents, yards, outhouse 
ground & Apurtinances thereunto belonging not hereby Intending 
any part of that house & appurtinances now in the possession of 
Mr. Samuell Cole who married w% Anna Keayne the relict of 
y* said Capt. Robert Keayne excepting & reserving unto me the 
sayd Edward Lane that shop in the possession of Deacon Wiswall 
& the shop on this side next to it & all the roomes above & the 
cellar under the sayd shop & as much ground as shall rainge euen 
from the new house to the old house in case I the sayd Edward 
Lane shall see cause afterward to build one end of w c h building 
to be from the bottome of the wall of that cellar all next the 
afore granted p r misses streight upwards to the top or ridge of 
the same .... Provided that this Grant of me the sayd Edward 
Lane shall debarr the sayd Anna of all future claymes and de- 
mands that hereafter she might haue & make to any other part 
of my estate or to any other part of the lands & estate of left by 
the sayd Capt. Robert Keayne deceased upon any plea allegation 
or pretence whatsoever except what may be heere after given 
& bequeathed unto hir by the last will & testament of me the 
sayd Edward Lane." Further she should not convey any of 
this estate, except to her natural child or children, without the 
consent of the majority of the overseers of the will of Capt. Rob- 
ert Keayne. Wit: Samuell Bradstreet and Robt. Howard, Jus- 
tice of the Peace. Acknowledged Dec. 10, 1663, before Thomas 
Danforth. Recorded, Dec. 11, 1663, and copy made by Edw. 
Rawson,* recorder. 

* Autograph. 



4 IPSWICH QUARTERLY COURT [Mar. 

Erasmus James v. John Northy, sr. For fencing. Verdict 
for plaintiff.* 

*Writ: Erasomus James v. John Northy, sr.; for fencing in 
and appropriating to himself one-quarter of an acre of said James' 
land, bounded by a great rock at the east corner, and so upon a 
straight line to the corner of the land of William Nishes on the 
south, and so along William Nishes land until it meets John 
Northy's fence, and so along said fence until it comes to the 
corner of said Northy's cow house on the south corner; dated 
Mar. 15, 1671-72; signed by Moses Mavericke,f for the court; 
and served by Mathew Clarke, f constable of Marblehead. Bond 
of John Northeyf and Edm. Batter.f 

George (his mark) Vickery of Hull acknowledged to have 
received full satisfaction of John Northy of Marblehead, May 22, 
1660, for a parcel of land sold by him to said Northy and lying 
between the land of William Nicke and the land which was for- 
merly John Russell's. Wit: Francis Johnsonf and Moses Mav- 
ericke.f 

Letter of attorney, dated Mar. 25, 1671-2, from John Northey, 
sr., | fisherman, now resident in Marblehead, to William Beale of 
Marblehead. Wit: Nicholas Willisf and Samuell Beale. f 

Copy of record of a Marblehead town meeting, Apr. 10, 1670, 
signed by Moses Mavericke, Christopher (his mark) Latamore, 
James Smith, Richard Norman and Thomas Pitman, the towns- 
men, "agreed on: that what Land lieth in Commons meet for 
Houses to be bult on: and not prejudicall to the Towne the 
Townsmen are Impowered to sell to such as may be usefull in 
the Towne." Copy made Feb. 14, 1671-72. 

Copy of record of a Marblehead town meeting, Maj^ 17, 1670, 
signed by Moses Mavericke, Christopher (his mark) Latamore, 
James Smith, Richard Norman and Thomas Pitman, the towns- 
men, "Sold unto Erasmus James A Small Tract of Land lying 
betwen William Nicks land and fence toward the Southwest and 
the Common toward the Northeast: and John Northeys fence 
toward the Northwest: and the hie way toward the Southeast 
the said James is to giue the Towne twenty shillins : and the Land 
to be stacked out by the Townsmen: the said Land is Sold vnto 
the said James and his Heires For euer." 

John Peash, sr., aged about sixty years, and John Peash, jr., 
aged about fifty-eight years, deposed that one of them had lived 
in Marblehead forty-one years, and the other about thirty-three 
years, and that the land in controversy was common land until 
the town sold it to Erasomus James on May 17, 1670. Further 
that nobody except Northy had ever laid claim to the land, and 
he had fenced it in. Also that the land which John Northy's 

t Autograph. J Autograph and seal. 



1672] 



RECORDS AND FILES 



orchard now stands upon and has for several years past, which 
adjoins the land in controversy, was given him by the town in 
way of exchange for some land that said Northy left out for a 
highway for the town. The land thus left out was that which 
said James bought, and if Northy had had a right to it, seven 
poles of fence or thereabouts would have fenced this land in 
when he fenced in his own land with a stone. wall. Sworn, 25 : 
1 : 1672, before Win. Hathorne,* assistant. 



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James Smith, aged about forty-eight years, and Richard Nor- 
man, aged forty-nine years, deposed that the above draft was to 
the best of their judgments true, they being two of the select- 
men of Marblehead when the land was sold to Erasomus James. 
Sworn, 15 : 1 : 1671, before Wm. Hathorne,* assistant. 

Erasomus Smith's* bill of cost, Hi. 19s. 

* Autograph. 



6 IPSWICH QUARTERLY COURT [Mar. 

Mr. John Gedny v. Capt. Wm. Hudson. Debt. Defaulted. 
Bond of defendant and Wm. Letherly forfeited. 

Frances Johnson v. Richard Bedford. Verdict for plaintiff. 
Damages to be paid in fish at Munhegan.* 

Richard Bedford v. Frances Johnson and Frances Grant. 
Verdict for plaintiff. Damages for his voyage at Munhegon, 
for all his share and craft. 

Wm. Averill v. John Procktor, sr. Withdrawn. 

Stephen Crose v. John Todd. Verdict for plaintiff.f 



Copy of record taken, Mar. 15, 1671-2, from Marblehead book 
of records, dated May 17, 1670, of the sale of the parcel of land 
to Erasomos James for 20s. Copy made by Samll. Ward,J keeper 
of the town book. 

*Writ: Francis Johnson of Marblehead v. Richard Bedford; 
for damage on a fishing voyage at Monhegon, defendant being 
the shoreman, and by his drunkenness and neglect of his care 
and labor the fish was damnified about 301i.; dated Mar. 20, 
1671-2; signed by Moses Mavericke,f for the court; and served 
by Philip Fouler,! deputy for Theophilus Wilson, J constable of 
Ipswich. Bond of Richard (his mark) Bedford. 

John Bartlet, aged about twenty-eight years, deposed that 
Richard Bedford damaged about forty quintals of fish which had 
to be sold as refuse. It was not at one time but was by constant 
drunkenness during the whole voyage, and he refused to leave 
Monhigen with the company. Moreover the whole crew, boat 
and all, were fain to stay ashore in the best of the fishing time 
to save the fish which was spoiled through his neglect. Sworn, 
20 : 1 : 1671, before Wm. Hathorne,J assistant. 

Leonard Haviland,t aged about thirty years, deposed that 
when the fishermen were at sea, Richard Bedfored would make 
himself drunk, having runn up and down and got liquors, and 
would lie under the flakes or in one house or another and let the 
fish lie "upon spoiles." He would also get others to drink it with 
him, with the bottle in the knees of his breeches. Once twenty 
quintrls of fish lay upon spoil in a rainy night with the fish side 
upwards. When Bedford refused to leave the Island, Francis 
Johnson told him that his voyage was not ended until he came 
home to Marblehead. Sworn, 20 : 1 : 1671-2, before Wm. Hath- 
orne,J assistant. 

fWrit: Stephen Crose and Abraham Perkins v. John Tod; for 
hire of a boat of twenty-four ton hired by him to go to Pacataqua 
for boards with three men in her, according to his order, which he 
refused to pay; elated Mar. 18, 1671; signed by Robert Lord,! 
for the court; and served by Robert Lord,! marshal of Ipswich. 

X Autograph. 



1672] RECORDS AND FILES 7 

Andrew Peeters v. Christopher Michell. Verdict for plaintiff. 
Richard Endall v. Mr. Jonathan Wade. For fish and oil de- 
livered to him. Verdict for defendant.* 

Willeam Butler, aged twenty-one years, deposed that being 
hired by Abraham Perkins and Steephen Crose to go with them to 
Lampor river to get boards for merchant John Tod of Roule, 
when they demanded boards of Robert Jones, he said he had 
none for them and when they asked how far it was to Mr. Smart's 
house, where they were to get boards also, he said he knew Smart 
had none. Sworn in court. 

Abraham Perkins deposed. Sworn in court. 

*Writ, dated Mar. 14, 1671-72, signed by Robert Lord,f for 
the court, and served by Robert Lord,f marshal of Ipswich. 

Richard Endall's bill of cost, 21i. 

Report of Ezekiel Rogersf and Samuel Belcher,f auditors, 
concerning the account between Wade and Endle. 

Andrew Newkum, aged about thirty-two years, deposed that 
in 1666, the price of fish was set and made at the Illes of Showles 
at 32 raelles per quintel. Sworn, 27 : 1 : 1672, before Wm. 
Hathorne,f assistant. 

Robart Pearce, aged about sixty years, deposed the same. 
Sworn, Mar. 25, 1672, before Daniel Denison.f 

Samuel Perse deposed that about Oct. 17, 1669, he delivered 
Richard Endall one hundred pounds of bread upon the account 
of Mr. Jonathan Wade. Sworn, Mar. 19, 1671, before Daniel 
Denison.f 

Nathaniell Piper deposed that on Oct. 16, 1668, he delivered 
Richard Endall 781i. of beef upon the account of Jonathan Wade. 
Sworn, Mar. 15, 1671, before Daniel Denison.f 

Richard Endle's credit by Mr. Wade's book for oil and fish 
paid him in '65, '66, '67, '68, '69 and 70: Received then on barrell 
of ovle price, 21i.; 32 Quintals of mer ble fish at 26 Ryals, 20. 
16.0; 42 Quintals at 26 Ryals, 27.6.0; 4 Quint, of refuse at 22 
Ryalls, 2.4.0; on Quint, of refuse at 22 Ryalls, 2.4.0; on Quint 
& halfe of refuse, 0.16.0; 2 barrels of oyle, 1 to Duch & one 
barrell to Sumner, 4.0.0; 52 Quintalls of March ble fish at 30 
ryals Quintall, 39.0.0; 2 Quintals of Refuse fish, 0.18.; 60 
Quint, of Mar ble fish at 36 Ryals, 54.0.0; on Barrell of oyle to 
Duch, 2.0.0; deducted out of the Account, 3.4.9; 62 Quint. 
Marchantable fish att 17s. p Quintall, 52.14.0. 24 Quint, of 
March ble fish at 16s. p Quintal, 2011. 4s.; total, 229.3.3. 

Andrew Searle, aged about fifty-six years, deposed that in 
July, 1670, he was desired by Richard Endle of the lies of Shoales 
to assist him in his account with Mr. Jonathan Wade, and made 
the foregoing bill, which was acknowledged by two of the said 

t Autograph. 



8 IPSWICH QUARTERLY COURT [Mar. 

Wade's sons, Nathaniell and Thomas. Sworn in court at Yorke, 
July 6, 1671, before Daniel Gookin.* 

Gilles Cowes, aged about twenty-seven years, deposed that in 

1666, he received his wages in fish at price current. Sworn, 
Mar. 21, 1671, before Daniel Denison.* 

Johana Grant, aged about forty-five years, deposed that Mr. 
Wade sent a hog by the said Endell, which hog weighed about 
100 wt., to deponent. Also she heard Master Wade own in her 
house that the hog was on said Endell's account. Sworn, Mar. 9, 
1672, before Peter Twisden,* commissioner. 

Robert Gibbs, aged about thirty-three years, deposed, Apr. 30, 

1667, before Edw. Rawson* that there was a meeting in July, 
1670, at the Isle of Shoales, of several merchants, namely, Mr. 
Joliffe, Mr. Lidgett, Mr. Whitcomb and others, together with 
several fishermen, concerning the price of fish. They declared 
that they would not give above 26 ryalls per quintal because 
there was little exportation for the fish and the price had broken 
so at Marblehead. Deponent was to receive of Mr. Nathaniell 
Fryer at the Isle of Shoules about 330 pounds in merchantable 
fish, which account he made up at the above rate. Copy made 
by Free Grace Bendall,* cleric. 

Johanath Dimont, aged about forty-four years, deposed con- 
cerning the hog being sent to her, when she was Johana Grant. 
Also that the barrel of flour which she and Endell bought of Mr. 
Wade at Star Island, they had fifty weight, etc. Sworn, Mar. 9, 
1672, before Peter Twidsen,* commissioner. 

Richard Endell's account of indebtedness to Jonathan Wade: 
10 : 19 : 1667, balance, 421i. 16s. 02d.; by the ods of the price 
of fish by bill, llli. 2s.; 1-3 part of 20 hogsheds of salt and frayt, 
lOli. 15s.; Jan. 10, 2 C. 1 qt. 211i. of roade at 31i. 15s. p C., 91i. 
3s.; 6 yrds. of canvis at 3s. 6d. p yd., Hi. Is.; 4 yrds. of cotten 
at 2s. 4d. p yd., 9s. 4d.; 1 payer of stockings at 2s. 6d. p., 2s. 
6d.; 6 codlines at 4s. p., Hi. 4s.; 2 doz. cod hooks; Hi. 12s.; 
1 barrill of malt, 1 barrill of indian corne, 21i. 4s.; 9 yrds. of 
cotten at 4s. p. yd., Hi. 16s.; 41i. and 1-4 of tobacco at 8 p li. 
2s. 10d.; 3 C. 0.71i. of bred, 1-2 a C. of wheet flower, 31i. lis. 2d.; 
5851i. of porke at 3 1-2 p. li., 81i. 10s. 7 l-2d.; 1 shovel at 3s. 6d., 
7 quarts of brandy, 14s.; Jacob Foster carting downe the goods, 
2s. 6d.; 11 : 16 : 1667, 1 firkin of sope, Hi. 4s.; 1 : 31 : 1668, 
1 barrill of Indian meell, 1 barrill of wheat and rie meel, 21i. 2s. ; 
20 : 2 : 1668, 3 C. of bred at 31i., 3 Codlines at 4s., 12s.; 1 Cow 
and calfe from Nath. Addams, 51i. ; at Mr. Baker's for expenses, 
10s.; 5 hogsheds of salt p Robert Dutch brought from Salim, 
51i.; Aug. 4, 4 dozzen of cod hooks at 4s. p. doz., 16s.; Oct. 16, 
Nathaniel Piper, 781i. of beefe, 19s.; Steven Perse, HOli. of beef 
at 3d. & frayt, Hi. 8s. 6d.; Dec. 5, 1 yrd 3-4 of Kersie at 12s., 
Hi. Is.; 4 yds. of galume at 5d., Is. 8d.; 4 yrds. of cotten at 3.6 

* Autograph. 



1672] RECORDS AND FILES 9 

p yd., 14s.; 6 yds. of cotten at 4, Hi. 4s.; 8 yards of dowlis at 
2.6 p yd., Hi.; silke, 5d.; 12 yrds. of cotten at 2.6 p yd., Hi. 
10s.; 1 rugg, Hi. 10s.; 7 C. 2 qt. 131i. of bred, 71i. 12s. 2d.; 1. 
3 . 71i. of wheat flower, a barrill, Hi. 19s. 8d. ; 2 barrills of indian 
meel, Hi. 10s.; 1 barrill of rye meel, 18s. 6d.; 10231i. of porke, 
151i. 8s. 4 l-2cl.; 681i. of butter and a firkin, Hi. 16s.; 1 bed matt, 
os.; 2 bush, and 1-2 of pease, 10s.; carting downe the goods, 
5s.; 2 barrills of malt, 21i. 3s.; 1 graper, Hi. 17s.; for expenses 
at Mr. Baker's, 41i. 2s. 10d.; Feb. 1, 1668, 4 hogsheds of salt p 
Robert Dutch, 51i. 8s.; Mar. 13, a cow of Thomas Lovell at 
51i.; 4 bush, of malt and a barrill, Hi. 2s.; herring, 41i.; 1 
barrill of pease, 19s. 6d.; 1 knife p your Brothers son, 10d.; 

5 C. of nayles at 5 1-2 p C, 2s. 3 l-2d.; 1 C. of nayles at 16s., 
Is. 4d.; 411i. of sope and a firkin, 19s.; 61i. of hops and 1 yrd. 

6 1-2 of cotten, lis. 9d.; 581i. of porke at 4d., 19s. 4d.; 2 Cheeses, 
91i. and 1-2, 4s. 8d.; 1-2 a side of Lether, 10s.; 2 yds. of kersie 
at 10s., IK.; 12 Lases, Is. 6d., 1 bush, of come, 3s., 4s. 6d.; 2 
dozzen of codhooks, 8s.; expenses at Mr. Baker's, 9s.; Apr. 4, 
1669, 2 shillings in mony; 1 barrill of rye meel, 19s. 6d.; 1 barrill 
of wheat meel, Hi. 3s.; expenses at Mr. Baker's, Hi. 15s. 9d.; 
Apr. 20, sent by Robert Dutch, 3 C. of bred and 1 qt. 51L, re- 
turned, 31i.; May 16, shoes at Good Knowlton's, 8s.; sent p 
Perse 1 C. of bred, Hi. Is.; porke delivered at ye Shoales p Tho. 
Wade, 31i. 2s. 10d.; Dec. 2, by a parcel of goods for which he 
hath given bond, 141L 13s. 11 l-2d.; Apr. 18, 1670, p your ex- 
pences at Mr. Bakers, Hi. 8s.; total, 3071L 8s. lOd. Receipted 
by Jonathan Wade.* 

Richard Endall, Cr., June, 1668, Aboard Mr. Winge, 60 Quin- 
talls of mer ble fish, 541i. ; July, 1 barrill of oyle p Robert Dutch, 
21i.; 10911. of porke delivered to Widdow Harris, 31i. 4s. 9 l-2d.; 
11311. of porke delivered to Joane Grant, Hi. 13s.; July, 1669, 
56 Quintalls of march ble fish at 34 rialls p Qt., 6 Quintalls at 
34 rialls, 521i. 4s.; July, 1670, 24 Quintalls fish at 32 rialls p 
Qt., 1911. 4s.; total, 2281i. 16s. 3 l-2d. 

Peter Lidgett, aged about thirty-eight years, testified that 
about the latter end of June last, he was in company with most 
of the persons who were concerned in receiving merchantable 
fish at the Isle of Shoules that season. As no current price was 
agreed upon "by reason of the high Demands of the Fishermen 
it was generally agreed by the receavers that a publique meeting 
should be had with the Masters of the fishing voyages there, 
which by notice given was accordingly efected at the meeting 
house on y e 2 d day of July Last where findeing the said Fisher- 
men to insist upon y e termes they had payd it to one another 
viz. 32 Roy alls p q tu as beeing sufficient to make it the price 
currant, The Marchants tould them that whatsoeuer the Currant 
price brake at Marblehead and Salem (where a shipp was then 

* Autograph. 



10 IPSWICH QUARTERLY COURT fMar. 

to loade) they would willingly give them the said price, & that 
more they judged verry unreasonable for as much as the Mar- 
blehead Fish is generally accoumpted the best, & did positively 
declare y* they would not accept their fish on any other terms, 
after which on y e Evening this deponent beeing at the Lodgeing 
of m r James Whitcomb in company with most of y e March ts 
many of the chiefe Masters of Voyages came to them & after a 
long discourse of the matter they proffered some small abatem* 
of the price which they formerly insisted on, but seeing they fell 
not to the terms it was else where in this Country M r James 
whitcomb & this Deponent did then againe Declare with diverse 
others present that they would not accept of their Merchantable 
Fish on any other terms then twenty six Royalls p q 11 or as the 
price currant should bee at Marblehead that season, & desired 
the Company to take notice accordingly of itt, where was present 
m r John Paine of Ipswich, with many more & farther this De- 
ponent saith that all the merchantable Fish he loaded off this 
yeare hath bin at 26 R. p q u & noe more as beeing the onely 
price currant that was this Last yeare knowne for marchantable 
fish." Sworn in court at Boston, Apr. 30, 1667, before Edw. 
Rawson, recorder. Copy made by Free Grace Bendall,* cleric. 

Richard Endell Dr. 26 November 1665 to Jonathan Wade: 
9 : 26, porke, 171i. 15s. 8d.; 33 Gallans 1-2 of rum, 61i. 14s., a 
barrill, 4s., 61i. 18s.; Oct. 1, 1665, payd mr. Russell for you, 
4h. 12s.; 1 C. of nayles at 4s., 14711. of beef, 21i. 9s., 1 firkin of 
butter, Hi. 13s., 41i. 6s.; 12711. of porke at 211. 3s. 7d.; Aug. 20, 
1665, 9 yrds. of tamy at 3s. 6d. p yd., Hi. lis. 6d.; 7 C. 1 qt. 
181i. of bred, 71i. Is.; 16 hogsheds of salt and frayt, 181i. 8s.; mony 
payd to Mr. Hunckings, 711.; Mar. 27, 1666, porke and salt, 
llli. 12s.; 7 C. 2 qt. of bred, 611. 15s., 1 barrill of apples, lis., 
frayt, 7s., 7h. 13s. 6d.; 2 yds. 1-2 cotten and 2 vds 1-2 of cotten 
at 10s. 10d., 81i. of hops, Hi. 2s. 10d.; 5 doz. of cod hooks, Hi.. 
19 yds. of cotten, Hi. 6s. 6d., 1 bar. malt, Hi. 4s., 31i. 10s. 6d.; 
wheat, lis.; 1 barrill of tarr, Hi. 4s., 1 quoile of rope, 311. 3s., 
641i. beef, 51i. 4s.; 2 payre of shoes, 5s. 6d.; June 22, 1 barril, 
of wheat flower, 21i., 1 quarter of beef, 311. ; beef, Hi. 19s. 3d.; 
porke, ribbon and 1 gall, rum, Hi. 13s. 3d.; 41i. of sugar, 2s. 8d.; 
Cordey, Hi., 4 yds. of cotten, 10s.; 311. 1-4 of hops, 6s. 6d., 5 yds. 
1-4 kersie, 211. 7s. 3d., 1 firkin butter. Hi. 13s.; 1 barrill of pease, 
19s.; 4 C. 2 qt. 71i. bred, 411. lis. 3d.; porke, 1033H., 1511. 8d.; 
5 bush, of indian, 15s.; 2 bush, rye, 8s.; 1 M. sparow bills, Is. 
6d.; 4 gallans and 1-2 of rum at 5s. p gall., Hi. 2s. 6d.; Mar. 8, 
3 C. of bred, 6711. of flower, 311. lis. 10d.; 611. of suger at 8d., 
4s.; Mar. 28, 1667, 5 yds. of stuff at 4s. 8d., Hi. 3s. 4d.; 2 bed 
matts, 9s. ; 1-2 a hog, 16s. 9d. ; Apr. 4, 2 bushels of indian meel, 
7s.; 1-2 a bush, of rye meel, 2s.; 6 1-2 yds. cotten, 16s. 3d.; 1 
yrd. of black serge, 8s. 6d., 1 yrd 1-2 of stuf at 4s. 8d., 16s. 2d.; 

* Autograph. 



1672] RECORDS AND FILES 11 

Mr. Jonathan Wade v. Richard Endall. Action of accounts. 
Verdict for plaintiff.* 

2 yds. of cotten at 4s. 6d., 41i. cotten at Id., 51i. of hops at 8, 
1 barrill Indian meel, Hi. 15s. 10d.; 1 barrill of malt at Hi. 4s., 
1-2 C. of flower, 10s., Hi. 14s.; May 25, 1667, 1 barrill of porke, 
41i. 10s.; total, 1511i. lis. 7d. 

Richard Endall, Cr.; 1 barrill of oyle, 21L; July, 1666, 32 
Quentalls of marchantable cod fish at 26 rialls, 201i. 16s.; 4 
Quentalls of refuse fish, 21i. 4s.; July, 1666, 42 Quentalls of fish 
at 26 rialles p Qt., 271i. 6s.; 1 Quent. and 1-2 of refuse, 16s. 6d.; 
1 barrill of oyle, 21i.; 1 barrill of oyle, in 1666, 21i.; July, 1667, 
52 Quentals of marchantable fish, 391i. 13s.; Nov., 1667, 2 Quen- 
tals of refuse fish, 18s. ; total, 971i. 13s. 6d. 

•Writ, dated Mar. 4, 1671-72, signed by Robert Lord,f for 
the court, and served by Samuell Gidding,f deputy for Robert 
Lord,f marshal of Ipswich. 

Bond of Richard Endell,f dated Dec. 8, 1668, to pay to Jona- 
than Wade for what provisions or goods he had received of said 
Wade, in merchantable fish in June next at price current. Wit: 
Nathaniell Wadef and John Leigh. f Owned in court. 

On the reverse of this paper the name "Ralph Waskcott" 
appears. 

Copy of agreement, dated Dec. 19, 1667, that the amount due 
Wade should be governed by the current price of fish. Wit: 
Thomas Wade and Gilbert (his mark) Coale. 

Letter, dated lis of Shols, Aug. 7, 1665, from Richard Endelljf 
"M r Wade Sar my loue remimbred unto you sar whare as I spake 
to you for seuenty too yeards of nouels I would intreat you to 
gete me 77 yd of the best nouels that you Can get of won sort 
& whare as I spake for 60 pound of Cordeg I would entreat you 
to get me 80: or 90 waigh 30 of it of a ench & 1-2 & 1 quarter of 
befe & 1 barell of Tare & the rest of the things & if I Can get 
you 20 or 301i. this fale send me word wether you will haue it or 
no. I haue reseued four Tun of salt & 700 C. 1 qt. 181i. of bread." 

John Tetherlyf receipt, dated 10 : 12 : 1668, to John Dich 
for four hogsheads of salt for the use of Richard Endell on the 
account of Mr. Jonathan Wade. 

Copy of the record of a county court held at Boston, Apr. 30, 
1667, in an action of James Whitcomb of Boston, merchant, 
against John Paine of Ipswich, merchant, for debt, with verdict 
for the plaintiff. Copy made, 23 : 1 : 1671-72, by Free Grace 
Bendall,f cleric. 

Thomas Wade, aged about twenty-one years, deposed that 
he heard his father, Mr. Jonathan Wade and Richard Endall, 
discoursing about the accounts, etc. Sworn in court. 

t Autograph. 



12 IPSWICH QUARTERLY COURT [Mar. 

Deacon Wm. Goodhue, sr. v. Robert Collings. For refusing 
to deliver a colt of his taken up at Newbury. Verdict for de- 
fendant. * 



Capt. George Curwin, aged about fifty-five years, deposed 
that in 1666 he bought fish at 26 rialls per quintal, etc. Sworn, 
Apr. 22, 1667, before Jno. Leverett, assistant. Copy made by 
Free Grace Bendall,| cleric. 

William Browne, sr., aged about fifty-seven years, deposed 
that he bought fish at the same price at Salem, Marblehead, 
Munhegin, Cape Boonwagine [Newagen] and Richman's Island. 
Sworn, Apr. 27, 1667, before Edw. Tyng, commissioner. Copy 
made by Free Grace Bendall,f cleric. 

Francis Wainwright deposed the same. Sworn in court at 
Ipswich, Sept. 27, 1670, and copy made, Mar. 28, 1672, by Rob- 
ert Lord,t cleric. 

Nathaniell Wade and Thomas Wade testified concerning the 
last bond paid Dec. 2, 1669, by Richard Endall. Sworn in 
court. 

Robert Dutch testified concerning delivering bread and salt 
to Endall. Sworn, Mar. 19, 1671, before Daniel Dension.f 

*Writ, dated Mar. 18, 1671, signed by Robert Lord,f for the 
court, and served by Robert Lord,f marshal of Ipswich. 

Mathew Anable, aged about eighteen years, deposed that 
"this last winter was two year," he, living near Goodman Collins 
very often saw the latter's colt, which was of an iron gray color, 
and that he was no ambler. The colt was at that time very 
lean and small and the colt in controversy was not this colt, etc. 
Sworn in court. 

Richard Brown of Nubury testified that the horse that Amus 
Stickni took up for a stray and which is now in Robart Collins' 
possession, was a lighter gray upon his body. Sworn, Mar. 26, 
1672, before Daniel Denison.f 

Robert Lord, jr., deposed. Sworn in court. 

Ezra Roff deposed concerning the marks on his father's horse, 
which he declared to be the colt in controversy. Sworn in court. 

Daniell Roff testified that this horse of father Collins, when 
deponent came from Nubary, turned up to the door where they 
used to keep him so that he could hardly make him go to the 
door of the house. Sworn in court. 

Joseph Fowlar testified that his uncle Collinges horse had 
marks like the horse in controversy. Sworn in court. 

Caleb Kemball, aged thirty-three years, deposed. Sworn in 
court. 

Reinald Foster, jr., Isaac, his son, and Joseph Wells, aged 
about sixteen years, deposed that Deacon Goodhue had a colt 

f Autograph. 



1672] RECORDS AND FILES 13 

Abraham Hasseltine and Elizabeth, his wife v. Thomas Knowl- 
ton. Appeal from the judgment of the Worshipfull Mr. Samuell 
Symonds. Verdict for defendant, the former judgment con- 
firmed. Action was respitted until the adjournment the first of 
May, when both parties were to bring their books. Court did 
not concur.* 

that went about their houses three-quarters of a year, etc. Sworn 
in court. 

Thomas Giddinge, aged about thirty-four years, testified that 
he was at Goodman Collins' with his father Goodhue, and Col- 
lins' son showed them the colt in Goodman Lord's yard, etc. 
Sworn in court. 

Thomas Sparke testified that being sent by his master to 
Nubery to inquire of Amos Stickny, etc. Sworn in court. 

John Nash of Nubery deposed. Sworn, Mar. 26, 1672, before 
Daniel Denison.f 

Siman Brogh testified concerning the marks of his master 
Collinses horse, etc. Sworn, Mar. 26, 1672, before Daniel Deni- 
son.f 

Will. Goodhue, jr., deposed concerning the marks. Sworn in 
court. 

Petter Rattelye deposed concerning meeting Goodman Colings 
near his house with the colt, etc. Sworn in court. 

*Copy of the proceedings before the Worshipful Mr. Samuell 
Symonds, assistant, made by Samuel Symonds. f 

Warrant, dated Jan. 19, 1671, to Abraham Haselton and Eliza- 
beth, his wife, executrix of the will of Richard Langhorne, upon 
complaint of Thomas Knowlton, for not paying him for shoes to 
the value of 39s. 6d., also to Obidiah Bridges and John Lovell, as 
witnesses, signed by Samuel Symonds.f 

Robert Lord, cleric, certified that Richard Langhorne of Rowley, 
in his will proved at Ipswich court, made his brother Thomas 
Langhorne and his daughter Elizabeth his executors. 

Thomas Knowlton deposed that his books showed that Lang- 
horne owed him for seven pair of shoes and one bushel of oats, 
etc. Sworn, Jan. 26, 1671, before Samuel Symonds.f 

John Lovell testified that being in company with Thomas Knowl- 
ton and Abraham Knowlton when the said Knowlton showed 
Hasselton his book, and the latter owned the account to be the 
same as was shown him in Knowlton's shop. Sworn, Jan. 26, 
1671, before Samuel Symonds.f 

Robert Lord, jr., and Abraham Haselton deposed that being 
at Goodman Russe's, the glover, etc. Sworn, Jan. 26, 1671, 
before Samuel Symonds.f 

f Autograph. 



14 IPSWICH QUARTERLY COURT [Mar. 

Robert Lord, jr., deposed that he heard Thomas Knowlton 
say that he gained 5s. by being sued before the Major, for they 
had given him credit for 5s. more than was in his book. Sworn, 
Jan. 26, 1671, before Samuel Symonds.* 

Abraham Haselton deposed. Sworn, Jan. 26, 1671, before 
Samuel Symonds.* 

John Tod and Ezekiel Northing deposed. 

Thomas Knoulton's bill of cost, 6s. 9d. 

Danill Wikom testified. 

Complaint of John Pickard* and Abraham Hasiltine,* over- 
seers of the will of Richard Longhorne, to the Ipswich court: 
That Knowlton altered the account upon his book, whereby the 
executors are discouraged and the fatherless children in danger 
of being robbed; that he told a pernicious lie before the Wor- 
shipful Mr. Simonds; and that John Lovill took a deceitful oath. 
John Pickard, James Bayly and John Johnson.j 

Obidyah Brigges deposed that Thomas Knoulton desired that 
the words "to the best of his memory" should be entered before 
he took his oath. 

John Pickard and Abraham Hazeltine deposed that when 
John Lovewell had given in his testimony and two persons affirmed 
contrary to what he had sworn, Mr. Simons seemed troubled, etc. 

Johana Sargant deposed. Her mother mentioned. 

Samuel Symonds certified on May 1, 1672, concerning the 
account: "This I say, it is a harde thinge for a Maiestrate to be 
put to remember which words were first, & which were last or 
such particulars in his hearing of a case, as to sware to it. But 
this I am sure of, & can freely sware to it, namely That I had 
noe partiall respect to Knowlton in the case. 

"I thinke that the defendants, one, or both, gave occasion 
for knowlton to mention the tyme, who did readily speake to 
it & desired me to write it downe while his oath was in debate. 
And it was before Judgment was given. Nor doth it con- 
tradict any thinge, spoken before in his testimony that I 

know of. , • , t i 

"If a deponent hath any thinge to ad to his oath, 1 know 
nothing against it, yea after he hath sworne, & it is usuall soe to 
doe but then the majestrate saith upon the oath you have taken 
&c ' Soe I verily beleeve that the words were put downe before 
he first tooke his oath or if after (which I cannot call to minde) 
That I did say to him, upon the oath you have taken, you say 

soe & soe. 

"The truth to be cleared is that which we should search out; 
and not catch at any omission or the like. 

"Haseltine & his Atturny doe make the frame of their reasons 

* Autograph. t These three names written in the margin. 



1672J RECORDS AND FILES 15 

John Elithorp, in his own behalf, and as attorney to his mother, 
late wife and relict of Thomas Elithorpe, and also as attorney to 
his brother Nath. and sisters Mary and Abigaill Elithorp v. 
John Pickard and Ezekiell Northend, inhabitants, and in behalf 
of the town of Rowley. Verdict for plaintiff, a division of lands 
according to agreement of the town of Rowley,, which ordered unto 
every man a proportion according to the land he was possessed 
of and the purchase that he made. They also found that Sumner, 
from whom this right was derived, was a purchaser and possessor 
of an acre and a half lot and that therefore the said Pickard or 
some other of the town should lay out and give to plaintiffs their 
full share in the divisional land according to the aforementioned 
agreement of the town, whether at Rowley Village, at Merri- 
mack river or elsewhere, and this to be done within one month 
or else the defendant or the town of Rowley pay to plaintiffs 
751i.* 

reflecting upon me, but I leave them to be observed in the answer 
of Knowltons to the reasons (so called) of Haseltine." 

Abreham Haslton and Robert Lord, jr., deposed. 

Abraham Hasiltine'sf reasons of appeal, dated Mar. 20, 1671- 
2: executors, agents and attorneys are accounted legal testi- 
mony, and if it be said his wife is heir, the answer is that she is 
but one of four, therefore his interest is small; when we objected 
that some of the figures were altered in Noulton's book, Mr. 
Simons looking at the book, and the day being dark, he desired 
the judgment of Mr. Chute, who said he thought that in one 
line the figure nine had been altered to fifteen, but Mr. Thomas 
Baker excused it on account of the badness of the writing, etc. 

*The proposition of John Elithorpe to the town of Rowley 
dated Mar. 4, 1671-72: that the town give him the proportions 
of land that belonged to his predecessor, Thomas Elithorp, 
deceased, with respect to the right of Thomas Somner, both in 
the Meremacke land and the village land, or wherever they have 
not had their proportions; and that the town appoint some one 
to laj r it out to them that they may enjoy their father's estate 
as other men, although their father died in their non-age, for 
which he would give the town a discharge as attorney to his 
mother, brother and sisters. 

John Elithropf demanded this layout of John Pickard on Mar. 
4 and of Ezekiel Northend on Mar. 5, 1671-2. 

Copy of register of house lots in the book of lands in Rowley 
made by Samuell Brocklebanke,t recorder: "To Thomas Sum- 
ner one house lot containeing one acre and an halfe bounded 

t Autograph. 



16 IPSWICH QUARTERLY COURT [Mar. 

on the south side by petter Cowpers house lot part of it Lieing 
on the west side and part on the east side of the streete. 

"In the Regester of planting lots: To Thomas Sumner foure 
Acres and a halfe of upland Lyeing upon the North side of petter 
Cowpers planting lot the east end buting upon his owne house 
lot. 

"In the Regester of the first devission of fresh meadow in 
Batcheler meadow: To Thomas Sumner halfe one acre lying on 
the North side of petter Coupers meadow one end of it butting 
upon the brooke the other end upon John Burbankes meadow. 

"In the litle meadow [torn] To Thomas Sumner halfe an [torn] 
neere to the north west part of [torn] brooke that comes out of 
the said [torn]. 

"In the first devission of salt [torn] To Thomas Sumner one 
acre of salt marsh [torn] the North side of petter Coupers marsh. 

"In the second deuission of salt marsh: To Thomas Sumner 
one acre lying on the east side of petter Coupers marsh." 

Copy from the Town book of orders and grants, made by 
Samuell Brocklebanke :* "It is ordered and Agreed that the 
Commons which belonge to the towne of Rowlej' shall Rune 
fiue mills from the Towne euery way where we haue proprietie 
if they be not laid out to any perticuler person It to the end 
euery man may haue an equall share in the commons According 
to purchase it is Agreed that euery Acre and halfe lot shall haue 
one gate and halfe a gate Also euery halfe Two Acre lot shall 
haue Two gates and a quarter. It euery Two Acre lot shall 
haue foure gates and one halfe gate: it: euery Three Acre lot 
shall haue Twenty two gates and the sixe Acre lots shall haue 
forty fiue gates." 

Copy from the book of grants and orders, made by Samuell 
Brocklebanke:* "it was agreed and ordered at a Leagall Towne 
meeting December the Twenteth in the yeare 1658 that Thir 
should be a devission of all the land by merrimacke Bounded 
by the great Rocke to the end of [torn] and by the village Line 
Runing upward to [torn] proportion of Land is to be a hundred 
Acres [torn] Acre Lot or there abouts and the lots aboue a [torn] 
Lot to abote a third of there proportion according to purchase 
and the Lower lots of purchasers to haue ther proportion of that 
which the greater lots lye downe That is to say halfe as much 
as a two acre lot and the halfe Two acre lots to haue ten acres 
aded or twenty if it be there and will Reach it, and all the former 
Lots are to haue there proportion of lands befor the least lots 
come in for a proportion That is lotts which were noe purchasers 
and they are to have Twenty Acres a peece if the Land which is 
to be Laid out will hould out And all the lots aboue m r Phillips 
is to abait twenty out of a hundred except it be bad and some 
beneath M r Rogers farme Bradforth streete end begining and 

* Autograph. 



1672] RECORDS AND FILES 17 

soe bringing wetherfeild street and hollme street and soe goeing 
to edward hazons and soe comeing Round to John Smiths goeing 
up to John Pallmers and ending at M 1 ' Phillip Nelsons he lieing 
Next to Newbery Line. At the same town meeting it was agreed 
that Mr. Joseph Jewett, John Pickard, Ezekiell Northend, [torn] 
and Thomas Abbot should divide every man's land at Merri- 
macke. 

" According vnto a grant of the Towne for the deviding of a 
Certaine Tract of Land Intended for a village and to be pro- 
portioned according vnto purchase: by such men as the Towne 
chose for that end of the maior part of them and is now com- 
monly called Rowley village land: After the grant and before 
the devission several selling there Rights therin, it was laid out 
vnto the purchasers and therfor now entered in there Names 
as it was giuen in by the survivers of those that were appointed 
to devide (viz) John Pickard, Ezekiell Northend." Copy made 
by Samuell Brocklebanke,* recorder. 

At a town meeting held 11 : 11 : 1653, Joseph Jewett, Thomas 
Mighill, Mathew Boys, Thomas Dickinson and John Pickard 
were appointed to proportion the Rowley village lands to the 
inhabitants of Rowley according to purchase and the selectmen 
were ordered to bound the said Village and report to the town. 
Copy made by Samuell Brocklebanke.* 

Samuell Brocklebanke,* certified, Mar. 4, 1671-72, in the name 
of the selectmen, as to their appointment of John Pickard and 
Ezekiell Northend, the survivors of the previous committee, to 
show John Ellathorpe the division, etc. 

Ezekiell Northend, aged about fifty years, testified that when 
Thomas Birkby had newly bought the lot of Thomas Elithorp, 
that had been Sumner's, Birckby desired to be released. De- 
ponent went with him to Thomas Elithorp, who with his wife, 
was verjr resolute to hold him to his bargain. Afterward they 
told him that they had sold all their lands in Rowley and intended 
to buy in Haverill or Andiver. It was divers years after Eli- 
thorp's decease before deponent heard of her making any claim 
to any lands. Goodman Pickard and deponent agreed to doe 
for her as they had done for some others for quietness sake pro- 
vided her children agreed, whereupon they drew up a writing 
and set their hands to it and were ready any day to attend it. 
Sworn in court. 

John Pickard, aged about fifty years, deposed that eighteen 
years ago, a few days before the death of Thomas Elithorp he 
sent for deponent and other friends and made his will. He gave 
his wife thirty pounds and very little to his children, and said 
that after his debts were paid there would probably be not much 
more than forty pounds left, but his wife should have thirty of 
it because she could not manage the farm which he then rented, 

* Autograph. 



18 IPSWICH QUARTERLY COURT [Mar. 

Henry Deareing v. Thomas Facie. Debt. Withdrawn. 

Capt. Walter Price v. John Mascall. Debt. Verdict for 
plaintiff.* 

Edmond Batter v. Wm. Reeve. Debt. Verdict for plaintiff. 

Mr. Moses Maverick v. Hellen Chard. Debt. Withdrawn. 

Mr. Moses Maverick v. Mr. John Giffard. Debt. With- 
drawn. 

and that he had sold all his rights in Rowley, so she had no where 
to betake herself. The widow came to him about five years since 
and said she thought she had a right to some lands and asked 
him to undertake the business for her to obtain it, proffering 
him pay, but he refused to have anything to do with it. Sworn 
in court. 

Andrew Hed[de]n deposed. Sworn in court. 

Johnnathan Plats and Abel Plats deposed that they went 
with the wife of Thomas Jons, who was the wife of Thomas 
Elithrop, to John Pickard's with a side of mutten which the 
latter received as his pay. Sworn in court. 

John Willes deposed, Mar. 18, 1671-2, that being desired by 
Abigail Jones to go to Rowly to demand in her name some divi- 
sions of land about ten years ago, he went to Rowly to Ezekell 
Northen, who was both a lot layer and a townsman, etc. Sworn 
in court. 

Thomas Burckbee, aged about fifty-eight years, deposed that 
about two years before the law was made that said that all deeds 
should be in writing, deponent understanding that Goodman 
Witcher who had bought Elithorp's lands in Rowley, had re- 
turned the said lands back again to Elithorp, that is, Sumner's 
lot, an acre and a half. Deponent agreed to buy it and paid 
him partly with a cow, with which his wife seemed to be dis- 
contented. Afterward deponent went to the farm called Cross's 
farm, and took Ezekiell Northend with him, and desired Eli- 
thorp to release him of his bargain and to deliver the cow 
again, but he and his wife refused. Deponent considered that 
Goodman Elithorp had no design to deceive him, because "he 
told mee severall times that my father had desired him to take 
care of mee when he came to New England & told mee that he 
would make mee deeds of Lands when I would & after y e Law 
was made of makeing deeds in writing I sould it to Joseph Jewet 
deceased; & never askt any deeds of it nor gave any when I 
sould it, nor trobled myself further about it." Further that 
Elithorp never claimed anything in the town of Rowley except 
the privilege of a seat he had in the meeting house during his life. 

*Writ, dated Jan. 15, 1671, signed by Hilliard Veren,f for the 
court, and served by Henery Skerry,f marshal of Salem. 

j Autograph. 



1672] 



RECORDS AND FILES 



19 



Stephen Hasscott. Debt. For freighting. 



Forfeiture of a bond of arbi- 



Robert Dutch 
Withdrawn. 

John Prockter v. John Norton 
tration. Verdict for defendant. 

Mrs. Margret Giffard, attorney to Mr. John Giffard v. Jona- 
than Atherton, Timothy Mather, James Tunbridge and Obadiah 
Swift. Debt. Verdict for plaintiff. 

Mrs. Margret Gifford, attorney to Mr. John Giffard v. Edward 
Richards. Debt. Verdict for plaintiff. 

Mr. Jonathan Wade v. John Dymon and Mr 
Debt. Withdrawn. 

Mr. Jonathan Wade v. Thomas Holmes. Debt. 

Mr. Jonathan Wade v. Wm. Moore. Debt, 
plaintiff.* 

Mr. Jonathan Wade v. Wm. More. Debt, 
plaintiff. 

Rich. Kent v. John Tod. Appeal from a judgment granted 
by the Worshipful Mr. Samuel Symonds. Plaintiff being orderly 
called three times, made default and the court declared his bond 
forfeited. By consent upon a half entry, the case proceeded 
and the jury found for the defendant, the confirmation of the 
former judgment. f 



John Cutt. 

Withdrawn. 
Verdict for 

Verdict for 



*Bond, dated May 7, 1669, given by William (his mark) MoreJ 
of York to Jonathan Wade of Ipsidge, for 141i. 5s., to be paid in 
good merchantable codfish at the lies of Sholes. Wit: William 
Symonds§ and Robert Lord, jr.§ Sworn in court. 

fReasons of appeal of Richard Kent§ of Newbery received, 
Mar. 25, 1671, by Samuel Symonds§: that there was no evidence 
that Kent received any sack or sacks from John Todd, much 
less borrowed them; that he had two sacks which he delivered 
Harris; that he carried sixty bushels of malt in them was not 
owned by the said Kent; and that there was no witness but 
Harris who could not legally testify, being a party in the case. 

John Harris deposed that in the year 1661, he being at New- 
bury loading a bark with corn for the Bay, Richard Kent of 
Newbury Oldtown, maulster, came to him to ship a parcel of 
malt to Boston to his cousin Bryden. He told him that he 
could not without sacks, and he said he had none, but he must 
send it because his cousin needed it. Deponent told him that 
Goodman Todd had some that he borrowed of Col. Temple and 
possibly he might borrow those, which he did and sent them to 
Boston. Sworn, Nov. 27, 1671, before Samuel Symonds.§ 



% Seal. 



§ Autograph. 



20 IPSWICH QUARTERLY COURT [Mar. 

Wm. Thomas and Susanah, his wife, formerly wife of Robert Rog- 
ers v. Richard Dole. For withholding a debt. Verdict for defendant.* 

John Porter, sr. v. John Porter, jr. Withdrawn. 

Wm. Sargent and Joanah, his wife, late wife to Valentine 
Rowell v. Christopher Ossgood. Debt. Verdict for plaintiff.f 

*Writ: Mr. Will. Thomas and Susanna, his wife, formerly 
Susanna Rodgers v. Ric. Dole, sr., of Nubury; for withholding 
200K. due by bond, dated 27 : 1 : 1665, and for not performing 
an award made by Tristram Coffin, dated May 2, 1665; dated 
Mar. 20, 1671-2; signed by Robert Lord,! for the court; and 
served by Samuel Plumer,! constable of Newbury, by attach- 
ment of house and land of defendant. 

fWrit: Wm. Sergent and Joana, his wife, late wife of Valentine 
Rowell and administratrix of his estate v. Christopher Ossgood; 
for a legacy of 71i. given by Ipswich court to said children of 
Valentine Rowell, when they ordered the estate of Thomas 
Rowell, his father; dated Mar. 4, 1671-72; signed by Robert 
Lord,J for the court; and served by William Chandler,! con- 
stable of Andover, by attachment of the land of Christyfor Os- 
good at Andover, lying behind his barn. 

Copy of the Ipswich court record of Sept. 30, 1662, concerning 
the settlement of the estate of Thomas Rowell, made by Robert 
Lord, | cleric. 

Christopher Ossgood! certified, Apr. 1, 1665, that he engaged 
to pay all debts at Salem or elsewhere that his mother Coleman 
justly owed. Wit: W'm. Chandler! and Jno. (his mark) Love- 
ioy. Sworn in court. 

Wm. Chandler deposed that Margery Coleman, administra- 
trix of the estate of Thomas Rowell, deceased, being at his house 
in Newbury, the widow of Vallentine Rowell hearing of her 
being there, came and demanded of her mother-in-law, now 
Margery Coleman, the 71i. which the court gave to her children. 
Deponent's sister Coleman told her that she had disposed of all 
her estate to her son Christopher and he was to pay her debts. 
Further she said that her brother Chandler had the WTiting in 
his house to prove it. Sworn in court. 

John Pinde[r] deposed. 

Samuell Martin, aged about twenty-seven years, deposed that 
when Thomas Rowell asked Christopher Ossgood whether he 
had any pay ready for him, he answered he had nothing but 
land that he could pay him in. Said Christopher desired depon- 
ent and Walter Write to take notice, etc. Sworn, 25 : 1 : 1672, 
before Simon Bradstreete.| 

Walter Write, aged about thirty years, deposed the same. 
Sworn, 25 : 1 : 1672, before Simon Bradstreete.J 

t Autograph. 



1672] RECORDS AND FILES 21 

Ordered that at the next training day at Topsfield, the soldiers 
of the Village shall attend there and declare whether for the 
future they will train there or not. And as the major part of 
the said Village soldiers shall determine by vote, it shall be bind- 
ing during the court's pleasure. 

Richard Bedford, presented for living apart from his wife, was 
ordered to repair to his wife by the first opportunity of shipping 
upon penalty of 201i. 

Sergt. Thomas White acknowledged judgment to John West. 

Daniell Borman, constable of Topsfield, was fined for not 
returning his warrant for juryman. 

Thomas Judkin had his license renewed for a year, also his 
license to draw liquor. 

John Sorlah had his license renewed for a year, also his license 
for liquors. 

Edward Hassen had his license renewed for a year, also to 
draw liquors for a year. 

Frances Wainwright had his license renewed for a year. 

Hugh Marsh had his license renewed for a year. 

Wm. Lackester, convicted of stealing linen from Robert Ayre, 
was ordered to pay a fine and 15s. to the constable of An- 
dover. 

John Leigh, being called to bring in his prisoner, Wm. Holdred, 
and failing, court ordered his bond forfeited, he to pay charges 
to the constable of Andover. 

Patrick Morrin, for offering abuse to the wife of James Watters, 
was ordered to be whipped and pay a fine. Upon his petition 
court remitted the corporal punishment.* 

♦Examination of Mary, wife of James Waters: "on Thursday 
last about noone, Patricke morril came to her house, her husband 
then being within, and her husband desired to entertain him 
courteously, I never saw him before; my husband went out of 
the house to a cellar out of doores to tap a barrel of cyder to 
make him drinke, the s d Patricke continuing in the house with 
me and my child about 2 years old he called the child to him 
and asked the child," etc. He assaulted said Mary, who told 
her husband of it, and asked him not to leave her alone with 
him. "On Munday morning last my husband went by the iron 
works to cutt wood and as he s th saw & spake w th Patrick Morril 



22 IPSWICH QUARTERLY COURT [Mar. 

John Cherry dying intestate, court granted administration of 
the estate to Mary, the wife. An inventory amounting to 971i. 
12s. 4d. was presented and there were three children left, John, 

at the iron works, about noone I saw the s d Patrick coming 
towards our doore w ch I kept shutt, and he knocking I answered 
not, then he came and looked into the window and asked if my 
husband was not at home, I answered no: he then s d may not a 
man light his pipe I s d , I was not against lighting his pipe in a 
civil way (for I was afrayd of him being alone w th my child and 
no neighbours within call) so without bidding he opened the 
doore and came in, and went not to the fire nor offered to light 
his pipe but came directly to me . . . and the child cryed let my 
mother alone, then he tooke a wedg out of my hand, and s d he 
would splitt my brains about the house & tramp them as smal 
as ashes . . . then I rose to goe out of doors and he stopped me 
and called me impudent & brasen faced baud, he stepping to the 
fire I caught up my child & went out of doores, and then he 
followed and fetched his horse and came up to the doore w ch 
I was shutting & told me I would not best go any whither, but 
I sayd I would goe to the neighbours and as I was going he sitting 
on his horse s d that if he had not his will of me now, the next 
time he mett me he would be the death of me, so I went to Ed- 
mund Townes house and he rod thither before me and stood in 
the doore, and s d I should not come there I was better to goe 
home I spake aloud that I would come for all him or any such 
as he was, when I came in he went out & fetched his horse and 
came againe and I was telling Goodwife towne how the s d Patrick 
had done by me, hee asked what it was that I sayd and Good- 
wife Towne replyed if it be as shee say, you are a naughty man 
being asked why when she saw Patrick She did not locke her 
doore, she s d she was afrayd & knew he might if he would come in 
at the window." Sworn, Dec. 19, 1671, before Daniel Denison.* 

Mary Townes, aged thirty-three years, and her daughter Mary, 
aged about sixteen years, and Sarah, aged about fifteen years, 
deposed, on Dec. 18, 1671, that Patrek Morell came into their 
house upon one second day in the afternoon some time in Decem- 
ber last and said that his master Lenord sent him to see if they 
had any cider to sell, and as he was speaking Goodwife Waters 
came in. The latter was crying and deponents thinking her 
husband might have been knocked on the head, asked her what 
the matter was, etc. Sworn in court. 

James Watters' bill of cost, 21i. lis. 8d. 

Patrick Moron's petition that the bill of cost put in against 
him at the last Ipswich court by James Waters or John How 
be reduced, as he was charged more than the law allows. 

* Autograph. 



1672] RECORDS AND FILES 23 

Mary and Martha. Court ordered to the son 20li. at the age 
of twenty-one, and to the daughters 10H. each at age or marriage 
with their mother's consent, the estate to remain in the mother's 
hand till they come to age, provided that if she married, security 
be given for the childrens' portions. 

John Gillye and Thomas Clarke, jr. testified upon oath in 
court that they often heard John Tibb say that he was to serve 
his master, Capt. John Appleton, seven years. Court ordered 
that the said Tibb for his wife running away and charges his 
master was put to thereby, should serve his master one quarter 
of a year longer than his term. 

James Carr acknowledged judgment to Ens. John Gould, for 
which he engaged to serve him one year. 

Richard Bedfourd acknowledged judgment to Abraham Per- 
kins. 

The town of Newbury having neglected to repair the "causei" 
over the marsh near Thurlayes bridge, upon penalty of 51i., was 
ordered to pay the fine. It was further ordered that it be forth- 
with made passable for safe travelling and to be fully finished and 
made substantial by Salem court next upon penalty of lOli. 
more. 

Edward Stone, complained of for running away fourteen or 
fifteen times from his master Nathaniell Tredwell, was ordered 
to serve his said master one year after the term of his inden- 
ture. 

John Hobs, for contempt in not appearing according to sum- 
mons, was fined.* 

Ordered that the treasurer pay 14s. to John Pearson. 

Whereas the bridge near Thurlayes is in danger, court im- 
powered John Pearson of Rowly to see it made sufficient, and 
the constables of Newbury and Rowley, to be assistants, with 
power to impress such help as necessary. It was to be finished 
by mid-summer, and those who neglected their duty should be 
liable to a fine. 

Thomas Chubb, for stealing a horse, was to pay 81i. to Zachry 
Herick and 51i. to the country. For his misdemeanor toward 

*John Hobs of Newbery was presented for swearing by God's 
blood and for night walking, threatening several persons. Wit: 
Beriah Browne and John Dole. 



24 IPSWICH QUARTERLY COURT [Mar. 

Robert Hebbard's daughter, court ordered that he be severely 
whipped, pay 40s. to said Hubbard's daughter, and be imprisoned 
until all be discharged.* 



♦Warrant, dated 18 : 1 : 1672, for the apprehension of Thomas 
Chub, upon complaint of Zachariah Herrick of Beverly, signed 
by Thomas Danforth,f assistant. Edward Mitchellsonne,f mar- 
shal general, appointed William Dodg his deputy. 

Henery Herrick, aged about thirty years, deposed that he 
bred the horse. Joseph Herrick and William Dodg testified to 
the same. Sworn in court. 

William Dodg and Joseph Herrick deposed that being at Rox- 
bere, and meeting with Samuell Dunckcum, the latter said that 
he bought a horse of Thomas Chub. They asked him where 
the horse was and he said it was in the keeping of Joseph Grigs 
and when they saw it, Chub owned that he exchanged it for a 
mare. Sworn in court. 

Warrant, dated 19 : 1 : 1671-2, to Mr. Wilson, keeper of 
Ipswich goal, for the imprisonment of Thomas Chub, signed by 
Wm. Hathorne,f assistant. 

Complaint against John Rayment and Thomas Chub: On 
Nov. 21, 1670, John Rayment came to the house of Robert Heb- 
berd about noon and seeing the men of the house gone, went 
away, but returned at an unseasonable time of night when the 
people were in bed, bringing Tom Chub along with him. They 
changed their voices, said they were friends and had lost their 
way, and asked to come in and light their pipes. They assaulted 
Hannah and Elizabeth Hebberd, cruelly abusing them. Chub's 
breath was strong with drink. Sworn by Hannah and Elizabeth 
Hebberd, 26 : 1 : 1671, before Wm. Hathorne,f assistant. 

Samuell Heberd and Moses Morgan, aged about fifteen years, 
deposed that the next night John Rayment came again, but the 
Hebords took no notice of him. Sworn, 17 : 5 : 1671, before 
Wm. Hathorne,t assistant. 

Bridgett Love, aged about eighty-four years, deposed that 
Chub and Rayment came noisily into the chamber where she 
slept, supposing that the maids were there. "I caled & cried 
out hoe is thare: hoe is thare. John Hebbert hoe be you hoe be 
you but I heard noe Answer: which made me Redy to tremble 
what was the meneing of it." She would have come out, but 
her eyesight failed her and she had a young child in bed with 
her. Sworn, June 24, 1671, before Samuel Symonds,f assistant. 

Bridget Luff, aged about eighty-four years, deposed that on 
the day following John Rayment, jr., came to Robert Hebbert's 
house and said to Hanah Hebbart, "dost think to have two 
Cows of mee dost but the shall haue no more of me then what 

t Autograph. 



1672] RECORDS AND FILES 25 

In the complaint of Lieut. Thomas Puttnam v. Joseph and 
John Hutcheson about annoyance upon a common highway at 
Beaver dam, putting themselves upon trial by a jury and the 
case committed, the jury found the common highway at Beaver 
dam to be unsafe for travellers by reason of a mill and dam of 
theirs, court ordered that the dam be pulled down that caused 
the water to overflow so as to make the way impassable, or else 
sufficiently mend it as to be judged safe by Sergt. Richard Leach 
and Wm. Flint. It was to be completed by the next Salem 
court.* 



the law will giue thee." She replied that he never owned a 
cow. Then he told her that he had heard that she had been to 
the grandjuryman to complain of him and when he found he 
could not frighten her, he began to flatter her and offered to 
get the grandjuryman and have it settled before her parents 
came home. Then Avis, wife of Thomas Chubb, sr., being 
there, said Hannah had better settle it, for she had heard such a 
case tried before and it would go against Hannah. About the 
same time John Payment's cousin Mary Cook came in, and 
John asked for some cider to make his cousin drink. Hannah 
Hebert would not sell it to them at first, but at last she let them 
have a little, whereupon he said he would have her presented 
for selling cider, etc. Sworn, June 24, 1671, before Samuel 
Symonds,f assistant. 

*On 10 : 4 : 1668, "Its ord r d by the Select men of Salem that 
a highway shall be Laid out begining at Richard Hutchinsons 
feild and soe to Runn to the Beauer Damn near to Serg* porters 
Meadow & soe to the extent of the bownds And Willm Flint & 
Sergt. Richard Leach are Impowred to Lay it out And to make 
a returne to the select men. Copy from Salem town book, taken 
Mar. 22, 1671-2, by Wm. Browne, Junr.f 

Lt. Thos. Putnam's bill of cost, 26s. 

Tho. Putnam's complaint: He was riding over at Beaver dam 
with his wife and the water had so drawn away the gravel that 
was laid on the causeway on the lodges that his horse fell in 
with his hind legs near a foot and a half deep when his wife was 
behind him, so that they and the horse might have been spoiled. 
"Allso I haue no dart way ouer: the bridg is part of it Careyed 
out the Place : there is no fout way ouer but by wadding : the 
Cunstebel nath Ingrson Com to my house & said he was faint to 
put ofe his shoues & stockinges to Com ouer: I was greatly 
depriued of my neborhod; I am also depriued of the benefit 
of my on land where I formerly liued hauing Eight or tenn 
akers fenced in that hath much Inglish gras for sheep & lames 

t Autograph. 



26 IPSWICH QUARTERLY COURT [Mar. 

& nether sheep nor lames Can pase in the hieway with safty 
at beuer dam: I was faint to Carey my goodes to toune on 
horse bake that went with mr grafton wich is a great damag 
to me to go so often: & if I should be shut up wich I shall 
if they Can for ther Counant with John Porter senor is from a 
bout the first of nouember to the tenth of apriel: to be this long 
kept Prisnor will be the way to Ruene me & mine for euer, hau- 
ing no other way laid out to my farme but that: & they that 
spoyle the way Is Joseph huchinson & John huchinson by stoping 
the water with there dam at there saw mill from time to time 
before the mill went & sine," etc. Sworn, 20 : 1 : 1671 before 
Wm. Hathorne,* assistant. 

Complaint, dated Topesfeld, 12 : 1 : 1671-2 of Willam (his 
mark) Nickles, John (his mark) Nickles, Zachery (his mark) 
Curtis, sr., of Rowley: "for want of the hiewaye at beuer dam 
wich is there waye to salam to the in Joyeing godes ordenences 
to the mill & to the market: the bridg being part of it Careyed 
out of the Place the water being Rased neare a foote aboue the 
timber that is left: the water being Rased in the hiewaye neare 
twelue fete together except upone on banke wich is a verey great 
damag unto them in there busines & might be a great damag to 
there Cattel & there one persones if they should venter ouer 
wich they dare not do: there fore they humbly sue for relefe it 
being both a toune & Cuntry hiewaye." This complaint was 
received, 20 : 1 : 1671-2, by Wm. Hathorne,* assistant. 

Summons, dated 20 : 1 : 1671-2, to Joseph and John Hutchin- 
son, signed by Wm. Hathorne,* assistant. 

"By an order of the selectmen dated the 10 4 mo 68 Sergant lech 
& Willum flint were to laye out a hiewaye from Richard hutch- 
sones feeld to the extent of the boundes the way is layed out as 
foleth: from a great whit oak stump be twixt the said hutchsons 
feld where the waye turnes to beuer dam we apoynt the waye 
to Rune where it is to the top of the hill neare where free mens 
hous was & so by the side of the fil to two trees at beuer dam : 
the trees be one on one sid the brouk & the other on the other 
sid neare the bound tree betwixt Tho Putnam & Robert Prince 
& from there to the uper end of Thomas Putnams feld two pole 
with out the fenc to a bound tree that be longes to Tho Putnam 
Robert Princ Jo Putnam & henry keney the stump to be in the 
midel of the hieway & the way to Run straight from thenc be- 
twixt two walenut trees marked entring in to a ualea on the East 
sid of Tho Putnams bound tree: & from the north end of the 
ualea to a rock neare mr Rukes boundes that is in the way with 
a litel tre marked on the south East sid the waye neare the Rock 
from thenc Cros mr Ruckes land as the waye Runes to a Red 
oake marked neare to a great whit oake burned at the bottom 
that stands neare about the line be twixt nath Putnam & mr. 

* Autograph. 



1672] RECORDS AND FILES 27 

Ruck & this hiway to be tow pole wid from one end to the other 
witnes our handes 22th 8 mo 68 William flint* the mak of Rich- 
ard leach." 

George Corwin,* Thomas Putnam* and Henry Bartholmew,* a 
committee appointed by Salem to treat with Andover in relation 
to a better way from Andover to Salem, reported that they met, 
the Worshipful Mr. Bradstreete being present, and agreed "that 
the way from Andouer to Salem should Run from Andouer to 
Steeuens meadow and from thence vnto a new bridge which was 
concluded to be built ouer the riuer by the toune of Salem which 
bridge is built and finished and from the sd bridge it was agreed 
that the way should run unto Lifte nt Putmans feilde leauinge a 
meadow caled Major Hathornes meadow to the westward of the 
hieway and soe to run betweene the land of Lift nt Putman and 
Henry Keny unto Beauer dam bridge and from thence alonge 
the way laide out by order of the toune vnto Salem." 

Copy of an agreement made 1 : 10 : 1670, between John Porter, 
sr., of the one part, and Joseph and John Hutchinson of the other 
part, and witnessed by Henry Bartholmew, John Putman and 
Rich. Leech, that said Porter pay to said Hutchinsons 40s. toward 
repair of the dam and also pay one-half the charge of the repair of 
the sluice and making it sufficient; that liberty be given said 
Hutchinsons to set up a saw mill on the said dam at their own 
charge, "pvided that they dam not upp the water untill the 
first of Novemb r and that they lett it out on the tenth of the 
second m° followinge that by longer stoppinge the water the sd 
Porters meadow doe not suffer damage unless the sd Porter shall 
consent to any longer time. 

"3 ly That soe longe as the sd Hutchinsons doe continue a mill 
on that dam they doe consent and agree to mainetaine and pre- 
serue the sd dam and sluce at theire owne charge. 

4 ly Further the sd Hutchisons doe confirme unto the sd Porter 
his heires and assignes forever the pcell of lande or meadow that 
he bought of their father beinge all that lieth within the fence 
runninge by the dam and that they will giue him a firme bill of 
sale for the same acordinge to law. 

5 ly Libertie is hereby giuen by the sd Porter to the sd Hutchi- 
sons to raise the sd dam in hithe not exceedinge two foote hier 
then it now is and to doe it at their owne charge and to use all 
due meanes for the preservation of it from time to time and 
while the sd Hutchisons doe continue a mill there the sd Porter 
is not to dispose of any pt of the said dam to himself or any other 
person and whensoeuer the sd Hutchisons see cause to lay downe 
theire mill they are to leaue the dam in as good repaire and also 
the sluce as they Receiue it from the sd Porter." 

Copy of the record of the Salem court, 27 : 4 : 1671, in this 
matter, made by Hilliard Veren,* cleric. 

* Autograph. 



28 IPSWICH QUARTERLY COURT [Mar. 

Joseph Houlton and Nathaniell Ingarson testified that they 
viewed the highway the day after the complaint was made, "and 
thar wos no defect in it that we Could desarne but at the Eands 
of the Bridge thar wos fouer or fiu holes that a beast foot might 
slipe in which holes wos abought the bignis of a beast foot & 
the water at that tim wanted fiue or six inches of the tope of the 
bridge." They viewed it again 11 : 1 : 1671-2, "which we did 
withought any danger to ouer selues or horsis for the holes that 
is mentioned in the first veuinge was stopped & a firme Causway 
mad at both hendes of the Bridig & the bridge it selfe nothinge 
moued but only the louermost pece wos noted by Reason of the 
waters flouinge ouer the tope of the Bridge which wos at that 
time a bought our horsis mid lege. We doe further testifie that 
thar is a brook lieying neare the bridg which brooke we went 
thorough the depth of the water in that Brook did but just Reach 
to the horses Belye: we doe further testifie that going thorough 
the brook we meat Thomas putnam Jun r & he Asked us whether 
we Came ouer the bridge & whether it was safe goinge thare we 
tould him that thare wos noe danger as we did apprehend for 
we Came but Just now ouer the bridge: but he did not goe ouer 
but weent another way." Sworn, 22 : 1 : 1671-2, before Wm. 
Hathorne,* assistant. 

John Putnam deposed that "sume time the last sumere I was 
at my brother thomas his hous: ther Come Cap* Curwine and 
M r bartellmew and they told me they ware to meett anddeuer 
men to treate about a hiyway which thay did: thay mett and- 
deuer men at the place appoynted: whare thay shewed to and- 
deuer men a new way from the riuer to a plac Caled steueneses 
meode which anddeuer men did excpt of to my understanding: 
but from the riuer to Salem ward ther was now agreement mad 
betwen Salem and anddeuer men that I hard yet I was with 
them all the time thay ware to gether that daye." 

Jonathan Wildes, aged about twenty-one years, and Edward 
Putnam, aged about seventeen years, deposed that they went 
to the highway at Bever dam to see how high the water was and 
they found part of the bridge carried out of place and that the 
water stood above the timber that was left, by measure about a 
foot. In the highway they measured the water beside the bridge 
and it was three feet deep, also it was about twelve or thirteen 
rods flooded along the highway, and they dared not ride their 
horses over, etc. Sworn, 18 : 1 : 1671-2, before Wm. Hathorne,* 
assistant. 

Zacheus Curtes, aged about fifty-three years, deposed that 
he was riding from Salem and came to Bever dam bridge where 
he passed with great danger. The water was so deep that his 
horse fell down and the water was over his head and if his foot 
had caught in the stirrup, he might have lost his life on the coun- 

* Autograph. 



1672] RECORDS AND FILES 29 

Richard Kent was freed from trooping, paying four bushels of 
good malt to the use of the troop. 

Mr. Baker had his license renewed for a year. 

Ens. Goold had his license for beer and cider renewed for a 
year. 

Mr. Peeter Duncan had his license renewed for a year. 

Lott Connett attaching Walter Fairefield and not prosecuting, 
the latter was allowed costs. 

John Dodge attaching Walter Fairefield and not prosecuting, 
the latter was allowed costs. 

John Haukes was appointed administrator of the estate of Mr. 
Adam Haukes, late of Linn, and certain articles of agreement were 
allowed. He was to give to his mother Mrs. Sarah Haukes, 
certain land in Lyn; to Sarah Hauks, the daughter, 901i.; to 
Moses Hauks, son of John Hauks, by Rebekah, daughter of 
Mr. Moses Mavericke, one half of the farm of deceased in Lyn, 
at age; to Mr. Wm. Cogswell for the use of his wife, 901i.; to 
Frances Huchesson, 201i. ; to Samuell Hutchesson, 51i. ; to Thomas 
Hutchesson, 51i.; to Edward Hutchisson, 51i.; to Elizabeth 
Hart, 51i. ; all the residue to John Haukes. This agreement was 
signed, Mar. 27, 1672, by Moses Maverick, John Hauks, Sarah 
Hauks, Wm. Cogswell and Francis Hutchinson. [Original on 
file in the Registry of Probate.] 

Inventory of the estate of Adam Hauks, taken Mar. 18, 1671- 
2, by Thomas Newhall and Jerimiah Sweyen, and allowed in 



try way. And so I Road to left Putnam & dryed my selef & 
stayed all night wich I thought not to haue don before." Sworn, 
20 : 1 : 1671-2, before Wm. Hathorne,* assistant. 

William Nicoles, aged about seventy years, deposed that "he 
was Riding to Mr. Endecottes & henry keney told him he Could 
not get ouer at beuer dam: but I Road to se & when I Came 
there the water was Rased so hie with the dam stoping of it at 
the sae mill : . . . I durst not Rid ouer the bridg but went about 
by John Putnams: & sine I was Riding to mill with a grist & 
durst not Rid ouer but went with my grist by John Putnams: 
I haue Corne to Carey to Salem with my Cart the bridge at beuer 
dam is so spoyled that I Can not go ouer with my cart: & haue 
no other way but that exept I go a great way about where is 
wores way for me & my oxen than that was: the time that I 
have bin put by at this bridg hath bine this mo. of March 71- 
72." Sworn, 20 : 1 : 1671-2, before Wm. Hathorne,* assistant. 

* Autograph. 



30 SALISBURY QUARTERLY COURT [Apr. 

this court: Household utensils, tools, furniture, land and build- 
ings, etc., total, 81711. lis. [Original on file in the Registry of 
Probate.] 

Inventory of the estate of John Cheny of Newbury, who de- 
ceased Jan. 17, 1671, taken by Wm. Tittcombe, Anthony Somer- 
bye, George Little and John Webster, and allowed in this court: 
Land in Newbury, domestic animals, household utensils, grain, 
etc., total, 12411. 10s. 8d. after his mother's decease, his brother 
Daniel was to pay his heirs, 301i.; debt due from Richard Bart- 
lett; debts due to Ens. Greenleafe, Tristram Coffin, Richard 
Kent, Mr. Woodman, Anthony Somerby, Amos Stickney, Wm. 
Chandler, Anthon}' Morse, sr., Israeli Webster, John Knight, sr., 
Nath. Cheny, Mrs. Cottle, Capt. White, John Emery, sr., John 
Pearson, Richard Dole, Goodman Hassen, Joseph Plumer, Henry 
Jaquis, Mary Duell, John Webster, Daniel Lunt, John Dole and 
Doctor Bennett. [Original on file in the Registry of Probate.] 

Court adjourned to May 1 at 10 o'clock. 

Court held at Salisbury, Apr., 1672. 

Mr. Moses Gillman's bill of cost against John Cluff, Hi. 8s. 8d. 

John Sefarunce's bill of cost against Joseph Dafis, 21i. 3d. 

Wm. Gerrish's bill of cost, Hi. 5s. lOd. 

Will Neph's bill of cost, 911. 

George Pearson's bill of cost against Sam. Leavett, 21i. 6s. 5d. 

Bill of cost of James Davis, sr., 19s. 4d. 

Leftenant Challes' bill of cost against the town of Amesbury, 7s. 

John Seference's bill of cost against Gorg Walten, 3s. 

John Knowel's bill of cost against George Walton, 15s. 8d. 

Nath. Winslo's bill of cost against John Jemson, 18s. 

Isak Cossons' bill of cost against Robard Clemant, 16s. 

Henry Dering's bill of cost against Samll. Foulsham, Hi. 
13s. 6d. 

Writ: Capt. Wm. Gerrish of Newbery v. Thomas Davis and 
Mr. Richd. Dole, administrators of the estate of Joseph Davis 
of Haverhill; debt; dated Oct. 11, 1671; signed by Nath. Sal- 
tonstall,* for the court; and served by John (his mark) Williams, 
by attachment of meadow between George Corlis' and Jno. 
Haselton's. On Apr. 2, 1672, John Williams appointed Wm. 
(his mark) Neff, his deputy, who attached two calves, a tum- 
brill, wheels, an iron pot, pot hooks, trammils, iron slice, fire 
tongs, belonging to the estate of said Davis. 

Joseph Davis* of Haverrill acknowledged a debt of 611. to Wm. 
Gerrish of Newbury, to be paid in Indian corn at Boston. 

* Autograph. 



1672] records and files 31 

Court held at Ipswich, May, 1 1872, by adjournment. 

Nathaniell Lenard, upon his presentment, was fined.* 
Thomas Lenard, upon his presentment, was fined.* 
Thomas Andrews, upon his presentment, was fined.* 
Stephen Johnson was discharged of his presentment. f 
The Troops, upon their presentment, were discharged.! 

*Nathl. Leonard and Thomas Leonard of Rowley Village, 
Joseph, Daniell and Benjamin Bixbee, sons of Sergeant Bixbe, 
and Robert and Thomas Andrews were presented for breach of 
the peace, and some for swearing, upon a common fame. 

fStephen Johnson of Andover was presented for entertaining 
several young persons in his house at an unseasonable time of 
night and permitting them to feast and junket at his house. 
Wit: Steephen Osgood and his wife and William Barker. 

Moses Tiler and Hugh Stone deposed that they lived a year 
in the house of Steven Jonson and never saw any disorder in the 
family. 

Steephen Osgood, aged about thirty-three years, deposed, 
10 : 3 : 1672, that Steephen Johnson told him, when he was at 
deponent's house last March, that Mr. John Broadstret and 
Wilam Barker came to his house one night when he was abed 
and asleep. Said Johnson let them in and told them there was 
tobacco, if they would smoke a pipe. Sworn in court. 

JMr. Dudly Broadstreet, Mr. Nathl. Wade, Mr. Tho. Wade, 
Mr. Samuel Jacobs, Jno. Wainwrite, Thomas Bishop, Elihu 
Wardell, Jno. Cogswell, Mr. Nath. Rogers, Mr. Samll Rogers, 
Mr. Ezk. Rogers, Mr. Jno. Burr, Jno. Lee, Edward Nealand, 
Mark Quilter were presented for disorder in Quartermaster 
Perkins' house upon training day in shooting pistols in the house 
after the colors were lodged and for breach of the peace. 

Jno. Edwards, aged about forty years, deposed that "upon a 
trayning day Last sumer at this Towne I was attending at Quar- 
termaster perkins' 8 house drawing bear &c: for his Guests and 
being too & fro in severall Roomes of the House, I saw in one 
Roome these psons: viz* M r Dudly Broadstreet, m r Nath 1 Wade, 
m r Samuell Jacobs, Jn° Wainewright, m r Tho. Wade, Thomas 
Bishop, Elihu Wardell, Jn° Cogswell, m r Nath 1 Rogers, m r - Sam- 
uel Rodgers, m r Ezk. Rogers, Jn° Lee, Edward Nealand, m r Jn° 
Burr, Mark Quilter: In which Roome there was much distur- 
bance & offence given to the master of the House by shooting of 
pistols in the Roome In soe much that the Quartermaster & his 
wife often went & sent to bid them Cease fireing in y Roome: 



32 IPSWICH QUARTERLY COURT [May 

who not w th standing their earnest chardg & intreaties was Littl 
regarded soe that y e Quart r master was forced to throw open 
the Cagements, and bad them If they would shoot to shoot out 
there. Butt his words were little Regarded: for as I past I saw 
them shoot in the Roome: & soe much that soome in the Roome 
Complained: and after this one in the Roome cald for one doz" 
of bear for Mark Quilter & I seeming to take noe notice without 
Mark had caled for it himself: M r Samuell Jacobs sayd Bring 
half a doz n of bear & we will have noe more, & If Mark Quilter 
will not pay for it I will. Soe I went & fetcht it for him that 
cald for it & sayd this is for you And then Mark Quilter Came 
downe to the barr, & ask* If any thing was chardgd to his Ace*, 
I answered Noe: He Replyed, & sayd nor chardg none w th out 
I call for it my self: only sayer hee give mee a pint of wine to 
drink w th them then Came up after the wine was Carried up. 
And many drank to him & I took Notice that Mark had two 
Cups full before him & another drunk to him, & he took the cup, 
but would drink little: & presently Thomas Bishop shooting 
under the Table: Mark complained & sayd is this the kindness 
you pretended in drinking to mee: &c. He stay noe longer 
with you, and about this time the light was putt out, soe I went 
to light it & the Quarter Master comeing up sayd sir 8 depart the 
Roome, for I will have noe such dessorder here; all being in a 
Tumult, & Mark very Angry, his cloathes were burnt with shoot- 
ing under the Table. And Qu r Master sayd Mark gett you gon 
for they will doe you mischeif; and I being lighting the light 
as the Qu r master went downe still it was blowne out, as I did 
light it & Mark Goeing to Follow y e Quar r master two psons clapt 
too the door, & the Rest pressing about him: a pistoll was shott 
by some, but who I know not did the execution among the sev- 
erall pistolls then shott. And Mark sayd you have lamed mee: 
I then did light the light, and Cryed out you have kild the man, 
and all the persons were hustling, and gon out of the Roome 
only two, that as they went presented & snapt their pistols at 
Mark as they went, he lying by the door & Bleeding: I vewing 
his wound saw a wadd sticking which I took out, it being on 
fire, & I Cryed againe, you have kild the man, for he lay speech- 
less & Ready to dy away: Help comeing up presently Laboured 
to stanch the blood, & Qu r master took care the Doctor might 
be sent for presently: I Goeing downe saw not any one of these 
psons mentioned but Mark left in any Roome of the house all 
being gon soe he was Carried away by those the Qu r master de- 
sired to his owne house." 

Mark Quilter, aged about forty-two years, deposed that he 
went to the quartermaster's to talk with Mr. Jno. Burr upon 
business, "when I told them I did not care for drinking, some 
answered & sayd you must kiss the cup then. . . . And I goeing 
to follow the Quartermaster was stopt by those that satt on each 



1672] RECORDS AND FILES 33 

Nathaniell Wood was fined upon his presentment for stealing 
about half a load of wood from Robert Lord, sr.* 

Richard Dole was discharged from paying 2s. per week in 
behalf of George Major toward the keeping of Mary Duell's 
child, the said George being out of his time. It was further 
ordered that said George Major pay that amount for the keeping 
of the child and that the constable of Newbury have power to 
imprison him until he give security for the payment. 

Nathaniell Knight and Mary Knight chose their father-in- 
law Robert Whitman to be their guardian, who gave security. 

George Smith, upon his presentment, was found not feloniously 
guilty, but for his misdemeanor was admonished and ordered to 
pay costs.f 

Andrews Peeters was fined upon his presentment, and was 
bound in five pounds that he shall come no more to Quarter- 
master Perkins' house except at court times. { 

side of mee: M r Dudly Broadstreet & M r Sam 1 Jacob on one 
side; & Elihu wardell & m r Thomas wade on the other side, and 
goeing to creep under the table was stopt by some holding my 
Coat behind; till watching my oppertunity gott from behind the 
Table & makeing Towards the door, it was clapt too, & some 
Cryed, here is the man, here is the man," etc. 

*He was son of Obadiah Wood. Wit: Marshal Lord, Joseph 
Lord and Marke Quilter. 

fPresented for taking and selling a sheep of Phillip Fouler's 
to Robert Peirse, desiring the latter not to send for it until night. 
Also for saying that he never took any sheep out of the flock 
of the shepherd when the latter was not present, when Mr. John 
Burr testified that he took one before sunrise. Wit: Robert 
Pearse, Phillip Fouler and John Perse. 

|Alexander Orhort deposed that Quartermaster Perkins desir- 
ing him to attend in the room where Obadiah Bridges, and An- 
drew Peters were, he saw said Bridges take Perkins by the 
shoulders, "Andrew Peters in y e meantime pulling Quafmaster 
by y e hair & John Clarke sitting att y e end off the table arose up 
& sayd unto Obadiah why doe you abuse the Quat r mast r thus, 
shall he not be master off his owne house: Obadiah Answered 
Noe he shall not: then John Clarke Answered yea but he shall 
thereupon John Clarke went to obadiah Bridges & struck up his 
heeles & held him downe." Samll. Clarke was not present when 
this happened. Sworn in court. 

John Clark's bill of cost. 

Joseph Fauwler, aged about nineteen years, testified that he 



34 IPSWICH QUARTERLY COURT [ M 

was at his grandfather Kimbol's barn, and "I heard a ster in 
quartermasters new hauwse: and knowing my master was there 
I went In to quartermasters hauwse and when I kaeme in I 
asked the mayd what was the matter she told me she could not 
Tell I made to the Chamber where my master was : and in goyng 
I met with Jo Clark: I asked him what was the matter the sayd 
Clark told me that my master and the quartermaster was a 
quarreling: and sayd that obadyah stept in betweene: but I 
layd Obadyah soone at my foote: and I went op into the Cham- 
ber: and they where all Comming down into the lower Roome: 
and my master went out at the dore and in goyng out: the 
quartermaster took my master By the Coller: and stroke him: 
and my master did not lift op his hand agaynst the quarter- 
master." 

Edward Chapman, constable, deposed that sometime the last- 
winter Obadiah Bridges came to his house and asked him to go 
to the quartermaster's, where they found many persons in a 
hubbub, blood being drawn and the peace broken. Deponent 
called for silence and some then said that Bridges held Perkins 
while Peeters beat him or cuffed him and pulled his hair. The 
quartermaster said " carry Goodman Peeters to the stocks," 
and among them it was said if it had not been for John Clark, 
Perkins would have been injured. Deponent went with Peeters 
to the Major, but he was not at home, so he charged them to 
appear before Mr. Symonds in the morning, which they did, 
having Josiah Linden and Sander as witnesses. Sworn in 
court. 

Andrew Peters and Obadiah Bridges affirmed that the quar- 
termaster agreed to bear John Clarke harmless, and so the latter 
had reason to speak well of him. 

Obadiah Bridges testified that he had some business with 
Goodman Peters at his house, and after they had finished, the 
latter invited him to drink part of a pint of wine and they went to 
the quartermaster's, etc. 

Martha Huggins, aged sixteen years, deposed that the evening 
that the trouble between her master, Quartermaster John Per- 
kins and the others took place, they were all "in the new cham- 
ber which wee commonly call the Kings armes." Mr. Matoone 
and Samll. Clarke of Portsmouth, and Serg. Thomas Waite being 
present with them were "in the lower roome where the family 
commonly keepeth." Deponent drew two pots of beer for them 
in the lower room. Sworn, May 2, 1672, before Daniel Den- 
ison.* 

Thomas Smith, aged about twenty-four years, deposed that 
the quartermaster told him that Bridges was not to blame and 
did all he could for peace, and that he was as good a conditioned 
man as ever came to his house. 

* Autograph. 



1672] RECORDS AND FILES 35 

Thomas Dennis' wife, presented for affronting the marshal in 
the execution of his office, was fined.* 

George Major acknowledged judgment to Rich. Dole. 

Upon complaint of Peeter Tappan against Robert Bedle, both 
were found faulty and fined. 

Mr. Anthony Crosbie, presented for being drunk, was fined. f 

Saml. Smith, aged about twenty-three years, deposed concern- 
ing hearing the quarrel from the highway as he was going out 
of town, etc. 

*The marshal attempted to levy the execution upon the estate 
of Thomas Dennis, joiner. Wit: Marshal Lord and Phillep 
Fouler. 

jAnth. Crosbie'sJ statement respecting the presentment to 
which Mr. Nelson and Wickam were witnesses: "Thay Testefie 
to sleepe and not to Drinke the law saith disgiese ocasioned by 
drinke not by sleepe and meannesse the want of thre or foure 
nights sleepe I conceiue might occasion as much disturbance 
that I haue uppon occasion watched with the sicke so longe and 
longer is suficiently knowne heere in this house it is not uery 
longe sence I sate upe foure nights together with a strainger 
beinge in eminent Danger as all the peopell in the howse Can 
tell I supose thay Can testifie all that while I dranke no maner 
of stronge drinke or uery little I speake not this in any way of 
excuse of myselfe Respectinge drunkennesse at other times for 
I haue Horiblie and abundantlie uery often prouoked god greued 
his people ocasioned others by my exa[m]ple: abused my selfe 
spent my time and a greate part of my estate. Hazerded the 
liues and healths of those patients who haue Relyed uppon me 
for Cure by neclecting seasonable attendance as Rules of art 
Require. I speake not his for favours sake: But Concienciously 
accountinge my selfe bound openly and unfeinedly to Confese 
and acknowlige that great and grosse sine which I haue Beene 
gultie of and liued in so many years formerly to the great dis- 
honer of god and greife of others & wronge to my selfe & estate: 
for which I desire from the Botome of my heart forgiueness & 
serius Repentance of god whome I haue cheefely ofended & also 
of all his people & all others whome I haue any way occasioned 
to be gultie of this great sin Avhich I desire the prayers of all to 
god for me that I may uterlie forsake & neuer Returne to it as 
the dog to his uomit." 

Jno. Todd, aged about fifty years, deposed that " being w th 
Marshall scerry at Docf Crosbie his house after the marshall 
had served his execution on the docto r the docf fetcht up his 
horse & sadled him: when he had don he went into the house 

t Autograph. 



36 IPSWICH QUARTERLY COURT [May 

Peeter Jenkins was admonished upon his presentment.* 



& came againe to the door presently & took hold of his horses 
mayne & there stood; & his wife followed him to the door & 
told Marshall scerry that he Could not gett him along w th him 
he would ly him downe by the way & sleep fo r he had a botle of 
Licqu r s in the house but shee could not tell where it was but 
she sayd that she thought that he got it at Newberry either at 
Merch* Doles or at March* [blank] which was to her great greif e ; 
Marshall scerry then sayd M r Crosby lett us tast w^ you; hee 
psently went In to the house as If he had gon to fetch it; & went 
up Into the Chamber & when the Marshall went to se why hee 
Came nott; he found him layd upon a bed & wee stood still 
about the door & when he had layd there about four hours he 
Came downe & as I was walking betweene m r Crosbyes & his 
Neighbours, I mett Richard Leighton who Cald to mee & Sayd 
Look Look the Doctor is drunk he Reeleth & I Lookt back 
towards the doctors house & I saw him staggering along agst the 
house houlding till he gott to the back side soe he Came Into 
y e house againe & wee left him & the Marshall chargd Symon 
Chapman w*h him to attend upon him." Sworn, Apr. 25, 1672, 
before Daniel Denison,f assistant. 

Simon Chapman, aged about twenty-three years, deposed that 
he saw Mr. Crosbie walking in the orchard with Mr. Nelson in 
the morning and he was not then intoxicated. Mr. Crosbie went 
with the marshal of Salem to Ipswich about three o'clock in 
the afternoon, etc. Sworn in court. 

Philip Nelson and John Wicom testified that the night before 
Ipswitch court at Mihilmas last they saw Mr. Anthony Crosbee 
laid in the highway, by the bridge next to the meeting house 
and asking him why he laid there and how he came there, he 
could give no rational answer. They lifted him up and he could 
not stand without leaning upon his horse. Sworn in court. 

Mr. Jno. Rogers and Mr. Ezk. Rogers, witnesses to the pre- 
sentment. 

*Phebe Redington, aged about seventeen years, deposed that 
Peter Ginkens came to their house and his behavior was not as 
it used to be. He took the quart pot with some cider in it which 
she thought he drunk up, and then went down cellar and bade 
her draw some more. He took apples and put them in his pock- 
ets, went into another room, held down the latch of the door, 
and took the door off the hinges. He also took a writing and 
would not give it to her again. Afterward she was by the fire 
and he playing the fool in her way, she "gave him a shufe with 
one hand" and he fell down. When he arose to go away he 
asked where his horse was, when it was in plain sight. "He 

t Autograph. 



1672] RECORDS AND FILES 37 

Court ordered that John Leeds' son be bound to Wm. Story 
until he came to the age of twenty-one years, provided he be 
bound by indenture to teach him his trade, also to read and write 
and give him a set of tools when his time is out. 

The treasurer was ordered to pay witness fees to Mr. Ezek. 
Rogers and Mr. John Burr. 

Quartermaster Perkings, presented for suffering gaming in 
his house at "shovell board," was fined. 

Court desired Sergt. Thomas Burnam, with John Pearson, to 
view the bridge near Thurlayes and advise as to the best way 
to secure it. 

Court being informed that the General Court had allowed the 
uniting of Rowley Village with Topsfield in one military company, 
appointing their officers as their own desire, they revoke their 
former order of March last, and declare that the said Villagers 
ought to continue in the military company with Topsfield and 
to attend all military service and exercise under the established 
officers of that company until they be released or otherwise dis- 
posed of by the General Court's order. Phillip Fowler was 
allowed 2s. 6d. for being employed by the court. 

Laurance Clenton was discharged, his presentment not being 
proved.* 

Richard Pryer (also, Bryer), presented for not living with his 
wife, not appearing but making escape, court ordered an attach- 
ment to apprehend him and put him into the house of correc- 
tion, there to remain until he give security to live with his wife, 
before the magistrates of Ipswich or one of them, also to appear 
at Salem court. All persons were prohibited from entertaining 
him with either victuals, lodging or employment-! 



got up on his hors and galipt away hooting and holowing and 
whisteled the dogg." 

Daniell Redington, aged about fifteen years, deposed. 

Peeter Jenkins was of Bromigum or Rowley Village. John 
Wild, sr., and Jona. Wild, were witnesses to his presentment. 

*Presented for not living with his wife. Also for taking 16s. 
for three and a half days' work at Mr. Baker's, in painting a 
room, with his dinner every day. 

fThe complaint was made bv his father-in-law, Thomas 
Hobbs. 



38 IPSWICH QUARTERLY COURT [May 

Ordered that Goodwife Brabrook's presentment be left to 
Major General Denison to end.* 

Josiah Clarke petitioned the court that he being enjoined to 
pay toward the keeping of the child of Sara Warr laid to him, 
might have liberty to put it out to some honest man until it be 
twenty-one years of age. Court ordered that he procuring such 
a person as the magistrates of Ipswich approved of to take him, 
said Clarke should be discharged of his payment. 

In the case between Abraham Hasselton and Thomas Knowl- 
ton, court determined that Hasselton pay to said Thomas, 10s., 
which would be a final end of all differences. 

Thomas Dennis acknowledged in open court that he had done 
the selectmen of Ipswich wrong, and thereupon the selectmen 
forgave him and withdrew their complaint. f 

Edward Lomas, upon his presentment, was ordered to audibly 
publish the acknowledgment set by the court the next lecture 
day or pay a fine. J 

*Presented for breach of the Sabbath by carrying a half bushel 
of corn or pease with her in the morning when she was going to 
public meeting. Wit: John Burnum, sr., and John Burnum, jr. 

JWilliam Goodhue, aged fifty-six years, deposed that about 
two months since, "metting with Goodman Lumase in the streett 
against Thomas frence asked mee if I herd any news I told him 
noe hee told mee that hee heard that m r parker had written too 
some frinds in England conserning their diferences att nubury 
and that they had presentted his case too the arch bishoop of 
canterberry and I asked him againe howe the news should come 
and hee told mee that mr Saltingstall read itt in a letter in his 
hous." Sworn in court. 

John Aplton, aged about fifty years, deposed that Edward 
Lumucks told him that Mr. Parker or his friends had sent to their 
Presbiterian friends in England, but deponent told him he did 
not believe it. Sworn in court. 

Robert Payne, aged seventy-one years, deposed that Lummus 
said that Mr. Saltunstall read the letter in his house before his 
wife, son and daughter, when he was not present and that Good- 
man Leaver of Rowly was the man from whom Mr. Saltunstall 
had the letter. Sworn in court. 

Thomas Leaver§ affirmed that what he said was that there 
"was some suspicion or feares least m r parkers partie or some 
of them shold in writing impart ther trobles to some great ones 
of y e presbeterian partie who of themselus as was feared might 

f There is but a fragment of one paper relating to this matter. § Autograph. 



1672] RECORDS AND FILES 39 

Robert Adams was ordered to make public acknowledgment 
the next lecture day at Newbury or pay a fine.* 

Given to the house 5s. and ordered to pay the marshal 10s. 
for serving warrants. 

Information and complaint being made to this court of a dis- 
orderly and dangerous practice of running of horses near to houses 
and taverns to the hazard of themselves, children and other per- 
sons, contrary to the rules of modesty and sobriety, also of an 
uncomely, offensive and rude manner of riding very fast to and 
from meetings on the Lord's day and other public church meet- 
ings, it was therefore ordered and declared that no person within 
this county shall run any race with horses, within two miles of 
the meeting house of any town within the county under the 
penalty of 40s. for every such offence and whosoever shall offend 
in riding or running their horses fast to or from the meetings 
shall forfeit 20s., unless it be upon some extraordinary occasion 
or necessity. This order was to remain in force until the General 
Court take further order concerning the same, and was to be 
published at the courts of Ipswich and Salem and a copy set 
upon the meeting houses of said towns. 

Will of John Dresser, dated Mar. 5, 1671-2, and allowed in this 
court: to eldest son John Dresser, he having received a consid- 
erable sum upon marriage from testator, all his lands in Brad- 
inform the arch buship of Canterbury and soe giue ocation to 
our aduersarys to send ouer as farr as them conserned some 
generall buship or other to the Countrys hurt and desired m r 
Saltingston if he heard any such thing to Doe for this country 
what good he cold in y r behalf e." 

Richard Thorlla. Edmoncl Mors and Juda Thorlla, wife of 
Thomas Thorlla deposed that they heard Robert Adams, at 
said Thomas's house, say that Master Parker had sent a letter 
by Mistress Crood to be sent to England, etc. Sworn in court. 

Mary Lummes, aged about sixty-six years, deposed that Mr. 
Richard Saltonstall, Esq., was "at my husbands house about 
six weeks agoe, and asked me wether I would hear any news 
And I answered him I should be glad to hear it if it were good, 
he replyed, vou shall haue it as it is, thereupon he took a paper 
out of his pocket and read it to me," etc. Jonathan Lummas 
and Bethiah Deunish affirmed the same. 

Major Denison, Capt. Appleton and Elder Payne, witnesses 
to the presentment of Edward Lumas of Ips witch. 

* See foot-note on preceding page (38), marked J. 



40 SALEM QUARTERLY COURT [June 

forth street lots, land at Long meadow, at Cow bridge, at Bach- 
elour meadow, at Oyster point, at the causeway toward Sawyer's 
island, at Mr. Dumer's farm and one gate upon the commons; 
to son Samuell Dresser, half of the land in Ipswich not given to 
his son John, half of the land in Mr. Dummer's farm, his house, 
orchard and land, except the west end which he gave to his wife 
during her life, also land in Bacheler meadow, in the farm be- 
tween Richard Clarke and Joseph Chaplin, at Hog Island and 
three gates upon the common ; to his daughter Elizabeth Dresser, 
lOOli. ; to his wife Mary, part of the moveables in the house, two 
cows, one heifer, firewood, the sons Samuell and John to provide 
everything necessary for her, and if they do not, then she is to 
have a portion of the estate given to them; sons Samuel and 
John, executors; to his apprentice Daniell Button, one pair of 
pincers, a pair of nippers, two paring knives and four awls, and 
the remaining part of his time to be set over to his son John ; 
to his son John's eldest son John, a red heifer and to his daughters 
Mary and Martha, one calf each; to son Samuel's two daughters, 
21i. 7s. Wit: Samuell Brocklebanke and Miximilian Jewett. 
[Original on file in the Registry of Probate.] 

Inventory of the estate of John Dresser, sr., appraised Apr. 26, 
1672, by Maximilian Jewett, Lenord Harriman and Samuell 
Brocklebanke: wearing apparel, household furnishings and 
utensils, grain, stock of leather, shoemaker's tools, tools, etc., 
total, 4491i. 7s. [Original on file in the Registry of Probate.] 

Court held at Salem, 25 : 4 : 1672. 
Judges: The Worshipfull Mr. Simond Bradstreet, Maj. Daniell 
Denison and Major Wm. Hathorne. 

Grand jury: Corporal Jon. Putnam, Tho. Gardner, Edward 

list of presentments, dated Mar. 27, 1672, signed by John 
Payne,* forman of the grand jury, in the name of the rest: 

Francis Young was presented upon complaint of Caleb Kim- 
ball for using cruelty in treatment of said Kimball's oxen. Wit: 
Thomas Clark, jr., the tanner, Jno. Wooddam and Richd. Littleale. 

Samuell Watts of Andover was presented for misdemeanor to 
the name or person of Abra. Graves, son of Mark Graves, by 
sending a letter by said Graves to the goal keeper of Boston 
wherein he changed his name and styled himself "S r Humphry 
pilltaile." Wit: Mark Graves and his wife, and Abra. and 
Mary Graves. 

* Autograph. 



1672] RECORDS AND FILES 41 

Wolland, Nathaniel Pickman, sr., Isaack Williams, Frances 
Nurse, James Moulton, sr., Will. Vincent, John Norman, Wm. 
Merriam, Wm. Bassett, Tho. West and Tho. Pitman. 

Jury of trials: Mr. John Gardner, Mr. John Ruck, Mr. Phillip 
Cromwell, Mr. James Browne, William Curtice, Nathaniell 
Beadle, Abraham Coale, John Dodg, Edw. Harrendine, Andrew 
Mansfeild, Jon. Newell, jr., and Mark Bacheler. 

Edward Woollan, being one of the grand jury and not attend- 
ing, Avas fined. 

Robert Bartlett v. William Beale. For a mare of plaintiff 
being killed and found dead in the ground of defendant. Ver- 
dict for defendant.* 

*Writ, dated 19 : 4 : 1672, signed by Hilliard Veren,f for the 
court, and served by John Woldren,f constable of Marblehead, 
by attachment of the house of defendant. 

Wm. Beale's bill of cost, Hi. 10s. 8d. 

John Waldron, aged about forty-eight years, deposed that 
Robert Bartlet came to him to go to William Beale's field to 
see a mare that was killed. He saw that it was Bartlet's mare 
dead with a wound behind the shoulder, and when he opened 
her, he took out her heart and found the wound was between her 
ribs and her heart. Sworn in court. 

Richard Rowland, aged about fifty years, and James Smith, 
aged forty-eight years, deposed that they viewed the fences 
and found that in many places there was not a board three feet 
high by measure, and some of Beale's children were mending it. 
Sworn in court. 

Benjamin Parmiter deposed that he and five other neighbors 
appraised the damage in Beale's hay meadow at 20s. in silver 
and 20 bushels damage in his crop of rye. They saw eighteen 
inroads made through his fences by horses and they met with 
Thomas Pitman, one of the overseers of fences, whom they asked 
to go with them, but he said it was needless because he had re- 
cently been around Beale's fences, and they were sufficient. If 
there were objection made to the stone wall being too low, he 
answered that it was sufficient on account of the fall of ground 
on the inner side and brush growing near it. There was also 
no need of the sharp stakes, as they found in some of the broken 
places, and they cut them off even with the top of the hedge. 
Sworn in court. 

Henry Stacy deposed the same. Sworn in court. 

Adam Clarke, aged about seventeen years, deposed that William 
Beale came to his master's shop and said that there were horses 
using his field but he did not know whose they were. He also 

f Autograph. 



42 SALEM QUARTERLY COURT [June 

Mr. William Browne, sr. v. Abraham Allen. For denying 
plaintiff possession of a house and land. Verdict for plaintiff, the 
house, shop and ground to be delivered according to mortgage.* 

said that he would not hurt them with any hand weapon but 
would set something in their way that would hurt them. Sworn 
in court. 

Thomas Bowen and Thomas White testified that they were 
among those who viewed the damage on Apr. 26, and they tried 
to get Thomas Pitman and John Gachell, the overseers of fences, 
to go but they refused, etc. Sworn, 22 : 4 : 1672, before Wm. 
Hathorne,f assistant. 

Thomas Pittman, aged about fifty years, deposed that as 
fence surveyor, he viewed the mare and found her in a field where 
there was no corn. Beale and his wife showed them the damage 
done and said that Goodman Legges mare and Mr. Kinges horses 
were responsible. 

Thomas Bowen, aged upward of forty-five years, and Thomas 
White, aged about thirty-two years, deposed. Sworn, 24 : 4 : 
1672, before Wm. Hathorne,f assistant. 

Samuell Beale, aged about seventeen years, and James Beale, 
aged about fourteen years, deposed concerning damage in their 
father's field, etc. Sworn in court. 

John Gatchell, sr., aged about sixty years, deposed. Sworn 
in court. 

James Beale deposed that he found the mare dead and in- 
formed his father, who notified Thomas Pitman, the elder. The 
latter said it was Robert Bartlet's mare, that she was in the ferry 
lots and did a great deal of damage, and that Nathaniell Walton 
disowned her. Also that the overseers of fences looked at the 
sharpened stakes and allowed them. Sworn in court. 

Rebeacka Waldren, aged about sixteen years, deposed that 
she heard Beale say in her father's house, etc. Sworn in court. 

*Writ, dated 18 : 4 : 1672, signed by Hilliard Veren,t for the 
court, and served by Henry Skerry,t marshal of Salem. 

Mortgage deed, dated June 30, 1671, from Abraham Ailing J of 
Marbelhead, blacksmith, to William Browne, sr., of Salem, in 
consideration of 751L 12s. 11 l-2d. to be delivered before June 1, 
1672 in good merchantable dry cod fish at Marblehead, conveyed 
his new dwelling house and shop in Marblhead and ground be- 
longing to them, "standing near a new shopp M r Riddan now 
posses & by m r Francis Johnson's dwelling house & by m r Sam- 
uell Wards to the northeast of it." Wit: John Appletonf and 
Nath 11 Mighill.t Acknowledged, 30 : 4 : 1671, before Wm. Hath- 
orne,t assistant. Recorded, 26 : 7 : 1671, in book 3, folio 126, 
by Hilliard Veren,t recorder. 

t Autograph. X Autograph and seal. 



1672] RECORDS AND FILES 43 

John Smith v. Zachariah Goodell and Elizabeth, his wife. 
Slander. The defendant was allowed costs.* 

Edward Richards v. Mr. John Geffords or Margaret Gifford, 
his attorney. Review of a judgment granted the said Gefford 
at the last Ipswich court. Verdict for defendant.! 

Timothy Roberts v. Mr. Richard Hollingworth. Debt. For- 
feiture of an obligation. Withdrawn. 



*Writ, dated June 10, 1672, signed by Hilliard Veren,| for the 
court, and no return made. Bond of Zachariah (his mark) Good- 
ell and Elizabeth (her mark) Goodel. 

Bill of cost, 7s. 6d. 

Plaintiff's plea: that he objects to defendant saying that she 
kept the abuses, which he was alleged to have committed, private 
for years and would never have revealed them but to save her- 
self from damage against her in court. "Now if a woman might 
singly alone be so surcomstansed noe man can scap from suffer- 
ing: but if I might be sufred to sware in my owne case I can 
safly sware that her charg and accusation is fals but let the con- 
sidaration of the testamony the Nayborhowcl that will say that 
thay neuer saw any hurt by me in that respect but do raly thinke 
that I am wronged and I hope that I neuer shall be left to Com- 
mitt shuch wickedness pray haue soe much charity towards me 
as to credit me in what I say : now I hop that no man can accord- 
ing to law be condemned without it be by the mouth of tow or 
thre wittnissis and in this case wher ther is noe surcomstanc in 
the Case to Joyne with her complaynt thus hoping to confidently 
believe as raly I dow that my grettest hapynes lyeth in that 
your worships are holly wiss and just and charitable." 

Defendant's plea: the court was asked to judge of the legality 
of the attachment, for the law provides six days for the defend- 
ant to prepare his answer and testimony; the attachment was for 
slander but mentions no time nor place nor word of slander; 
defendant had said many things concerning plaintiff for many 
years upon many occasions and if common fame may be credi- 
ted "it is not a very easy matter to slander the plaintiff." Sum- 
mons appearing not to be legal, defendant requested a non- 
suit. 

tWrit, dated 13 : 3 : 1672, signed by John Fuller,! for the 
court, and served by John Ballard,! deputy for Samuell Hartt,! 
constable of Lin. 

Copy of writ and record of the Ipswich court of Mar. 26, 1672, 
and of Sept., 1653, concerning this matter, made by Robert 
Lord,! cleric. 

{Autograph. 



44 SALEM QUARTERLY COURT [June 

Henry Roads v. Joseph Armitage. Trespass. For burning 
fence. Verdict for plaintiff.* 



* Writ, dated May 3, 1672, signed by Hilliard Veren,f for the 
court, and served by Samuell Hartt,t constable of Linn. 

Henry Roads' bill of cost, Hi. 14s. 2d. 

Thomas Marshallf certified, 3:2: 1661, in a note to Cor- 
porall Androus, that "I am Content that Mr. Rods shall injoy 
that pece or persall of land that was mine lyinge at the Iron 
workes gate which you bought of mee." Sworn in court. 

Copy of deed, dated Oct. 25, 1651, Jno. Knowles of Water- 
towne to the Worshipful John Bex & Co., for the Iron works, a 
parcel of land in Limi, containing twenty acres and adjoining the 
land of Capt. Robert Bridges on the southeast and the Iron 
works land on the northeast, formerly bought of Mr. Tomlins 
of Lynn, said Bridges having been given power to give possession. 
Wit: William Osbourne and William Aspinwall, notary public. 
John Gifford, agent to Mr. John Bex & Co., assigned this mort- 
gage. Mar. 16, 1655, to Joseph Armitage. Wit: John Hathornef 
and Samuell Johnson.t Acknowledged, by John Gifford, 24 : 12: 
1671, before Wm. Hathorne,f assistant. Recorded at Salem, 
16 : 2 : 1672, in book 3, folio 141, by Hilliard Veren,f recorder, 
who also made the copy. 

Joseph Armetage testified that being desired to run the bounds 
between Henry Rhodes and Olliver Purchas, on Apr. 4, 1666, 
they agreed as follows: from the river at the old field gate to a 
stump on which the fence stands on a straight line and so to a 
tree fallen in the corner of the ploughed land by a swamp side. 
Sworn, 26 : 2 : 1666, before Wm. Hathorne,f assistant. 

Andrew Mansfeild testified the same. Sworn, 10 : 4 : 1668, 
before Wm. Hathorne,| assistant. 

Oliver Purchis, aged about fifty-four years, testified that Joseph 
Armitage of Lynn went to the dwelling place of deponent the 
past spring and told him that he was going to set fire to the fence 
that stood upon the lot formerly called Knoles' lot and also that 
part called Mr. Rhoads' pasture. Later some one told deponent 
that there was a great smoke at the place and he went and found 
about forty rods burned. Joseph Armitage owned that he did 
it, at Capt. Marshal's house. Sworn in court. 

Thomas Marshall testified the same. Sworn in court. 

Joseph Armitage,t aged about sixty years, deposed that upon 
the land that Henery Rhodes bought, which was formerly Capt. 
Bridges, the latter caused all the best timber to be felled and 
squared and sold it to deponent twelve or thirteen years ago. 
When Capt. Marshall bought the land of Capt. Bridges, deponent 
and said Marshall joined partnership with him m a " colling 

t Autograph. 



1672] RECORDS AND FILES 45 

Edward Humber acknowledged judgment to Capt. George 
Corwin.* 

Edward Humber acknowledged judgment to Mr. Phillip 
Cromwell. 

John Godfery v. Abraham Whittaker. For damage done him. 
Verdict for defendant.f 

voyage" and so had the wood cut, and that said Marshall and 
his successors had held the land for the past twenty-seven years. 
Sworn, 18 : 10 : 1667, before Wm. Hathorne,t assistant. 

Nathaniell Handforde and Andrew Mansfeild deposed that 
they went with Mr. Rhoades to Joseph Armitage to demand 
damage for burning his fence at his farm, but Armitage said the 
land was his, and later told said Handforde that he had given 
Rhoades warning, and would take the constable and pull down 
more of the fence and let cattle eat up Rhoades' corn. Depon- 
ents judged the damage to be 21i. Is. Sworn in court. 

Daniell Salmon testified that Capt. Robart Bridgis claimed 
and possessed the land which Mr. Henery Roads bought of Capt. 
Thomas Marshall, beyond the farm of Thomas Wheeler, from a 
rock on the hither side of a marsh which was his at the upper 
end and at the end toward the Iron works field to a great tree 
now lying down with one cut sawed off, which was felled by 
some of his servants, the line running to a great tree standing 
by the bridge of the Iron works field gate on a little hillside. 
Sworn, Aug. 1, 1665, before Samuel Symonds.| 

Daniel SalmonJ further deposed that the land was bought of 
John Andros as well as Capt. Marshall, at the same time. Also 
that Capt. Bridgis possessed this land about twenty-four years 
since. 

Monenah (his mark) Andereus testified that asking his master 
Capt. Bridgis how far his bounds extended, he showed him. 
The great tree by the swamp was near the pathway that goes to 
Mr. Bennet's. Sworn, July 7, 1665, before Daniel Gookin.J 

Monene Andreos further deposed that his master was the 
owner of this land at that time. Sworn, Sept. 24, 1667, before 
Daniel Gookin.J 

*Bond, dated Nov. 23, 1670, Edw. Humbert of Salem, black- 
smith, to Capt. George Corwin of Salem, merchant, for 381i. 
4s. 7 l-4d., to be paid in money, merchantable provisions or 
work. Wit: Isack Williams^ and John Frie, jr. i 

fWrit: John Godfry v. Abraham Whitacre; for damage done 
him by defendant, who complained to John Williams, constable 
of Haverhill, that said Godfry had stolen three cows from him, 
obtaining a hue and cry, Godfry being apprehended and kept in 

J Autograph. 



46 SALEM QUARTERLY COURT [June 

John Dodg, jr. v. Tho. Fisk, Tho. White and Walter Faire- 
feild, owners or proprietors of the saw mill at Wenham. Tres- 
pass. For making a mill dam and thereby stopping a water 
course, so the plaintiff's meadow overflowed. Withdrawn. 

Chrispus Brewer and Tho. I very were sworn constables for 
Lyn. 

Edward Berry and Eliza, his wife v. Nicholas Woodbery. 
For withholding a parcel of land. Verdict for defendant.* 



custody, and detaining them under the pretense of law without 
any prosecution of the hue and cry; dated May 6, 1672; signed 
by Anthony Somerby,f for the court; and served by Steven 
Webster,t constable of Haveril. 

Writ: Abraham Whiticker of Haverhill v. John Godfery of 
Newbery; trespass; for illegally taking and driving away three 
cows out of plaintiff's yard in Haverhill; dated May 6, 1672; 
signed by Nathll. Saltonstall,t for the court; and served by 
Steven Webster,f constable of Haverel. 

John Godfre's bill of cost, 16s. 

Petition "of your poore distressed seruant," John Godfry 
to the court: that the constable John Williams had no authority 
according to any law to take away the cattle without a replevin, 
nor to grant a hue and cry. 

Thomas Fowler deposed concerning Godfree's arrest by the 
constable, etc. Sworn, June 21, 1672, before Robt. Pike,f com- 
missioner. 

Thomas Dow and Darcos Dow deposed that about two years 
ago they were at Whitecer's house, etc. Sworn, 17 : 4 : 1672, 
before Simon Bradstreet,f assistant. 

John Williams testified that he was at Whiticker's house light- 
ing his pipe when Edward Clark told Goody Whitticker that 
John Godfry was driving away her cows, etc. 

Thomas Dowe, aged about thirty years, and Dorcas Dowe, 
aged about twenty-four years, deposed. Sworn, 17 : 4 : 1672, 
before Simon Bradstreet,t assistant. 

John Colby deposed that he was at Whetecar's when the 
attachment was served and heard him say that he received these 
cows of Sammuel Semmors upon John Godfre's account, etc. 
Sworn in court. 

*Writ: Edward Berry and Elizabeth, his wife v. Nicholas 
Woodbery; for withholding a parcel of land, of which John and 
William Hascall had given a pretended sale, and which was given 
by will of Elizabeth Hardy to her daughter Elizabeth, now wife 
of Edward Berry, to be at her disposal without any relation to 
her former husband Roger Hascall, deceased; dated 14 : 4 : 1672; 

f Autograph. 



1672] RECORDS AND FILES 47 

John Clifford v. Habbacuck Turner. For four hogsheads of 
fish laden aboard the said Turner's ketch. Verdict for defend- 
ant.* 

signed by Hilliard Veren,t for the court; and served by Henry 
Skerry. f marshal of Salem. Bond of Nicholas Woodbery.f 

Jacob Barnye, sr., and William Dodge, agents for Mr. Garvis 
Garforde, testified that they laid out to Roger Hascoll eighty 
acres of land of said Garford's lying between Lord's hill and 
Burch plain. Said Dodge further deposed that these eighty 
acres were sold by William and John Harskall to Nickolas Wood- 
bery and he saw it delivered by turf and twig. Sworn in 
court. 

William Hascol, aged about fifty-five years, deposed that 
being with the widow Hardy before her death, he heard her say 
that she reserved for herself only one-half of the house and land 
at Draper's point, and that she had let her son Rogger Hascoll 
have the whole four score acres which lay in the woods by Wen- 
ham pond and which she had bought of Mr. Garford and that 
her son Rogger might give it to his children. Sworn in court. 

Copy of deed, dated Mar. 6, 1667-68, John Hascall and William 
Hascoll of Salem, husbandman, for 751i., conveyed to Nicholas 
Woodbery of Salem, yeoman, 80 acres in Salem, near the bounds 
of Wenham, bounded by land formerly of William Lord, lately 
sold to several of the inhabitants of Wenham on the northeasterly 
land of John Rayment east southerly, land of Zachariah Her- 
rick west sotherly, and some land of John Leach and Wenham 
land northwesterly; also about three acres of fresh meadow, it 
being one-half of six acres that was Roger Hascall 's, late de- 
ceased, nearby, on the westerly side of the Wenham Great pond; 
also two acres in Wenham Great meadow, bounded on the west 
by the bridge, with the meadow formerly Mr. Fiske's northerly, 
the meadow of Nicholas Howard easterly and of William Os- 
bourne's southerly; also four acres of fresh meadow in Bunker's 
meadow, so called, bounded easterly by meadow of William 
Dodge, southerly by Edward Bishop, westerly by John Ray- 
ment, northerly, the Great river. Wit: Hilliard Veren, Ed. 
Groves and Tho. Rix. Acknowledged, 18 : 1 : 1667, by the 
grantors, the wife of William Hascall yielding her thirds, before 
William Hathornej assistant. Copy made by Hilliard Veren,t 
recorder. 

♦Writ, dated May 20, 1672, signed by Hilliard Veren,f for the 
court, and served by Henry Skerry,f marshal of Salem, by at- 
tachment of the house, if his, if not, a chest and two tables of 
defendant. 

Habicek Turner's bill of cost, 7s. 10d., signed by John Gardner.! 

t Autograph. 



48 SALEM QUARTERLY COURT [June 

Joseph Wilaum and John Peckworth deposed that being in the 
company of Mr. Halbacok tornar and John Clifford, they heard 
Cleford demand an account of the goods said Turner had shipped 
with him according to a bill of lading. Clefford said if he would 
produce a receipt of the delivery of the goods to his agent and 
factor, he would be satisfied. Tornnor replied, "give me a pynt 
of wine and I will," but after the wine was drunk, he slipped 
away. Sworn in court. 

John Pickworth and John Hill deposed that they heard Clifford 
demand an account and Turner called him fool and loggerhead, 
saying, "I will giue you none take your corse and do your worst." 
Sworn in court. 

Bill of lading, dated Sept. 5, 1670, shipped by Mr. Jno. 
Clifford on the ketch Return of Salem, Habbakuck Turner, mas- 
ter, bound for Barbados, four hogsheads of fish, to be delivered 
to Mr. Anthony Toleman, freight for said goods to be paid in 
450 pounds of good Muscovado sugar per tun, etc. Turner's 
receipt for the cask, contents unknown. Copy made by Hilliard 
Veren,* cleric. 

John Herbert, aged about twenty-eight years, deposed that 
he was Turner's mate on the Return of Salem, and that the hogs- 
heads were delivered at Barbados. Sworn, 24 : 4 : 1672, before 
Wm. Hathorne,* assistant. 

Hilliard Veren, jr., aged twenty-three years, deposed that he 
heard Anthony Toleman in Barbadoes say that John Clifford of 
Salem had sent him by Mr. Turner, several hogsheads of fish. 
Sworn in court. 

" Barbados : January 31,1671-2. 

"Lo: Cousin 

"Mine & my wifes loue to y 11 & yo r wife & daught r , hoping 
yo u are in good health as I w th my wife & Childred are at y e writ- 
ing hereof, I haue rec d yo r letter & Rec* by John Gardner w* two 
hundred seuenty & eight p d of fish, and sixty foure pound of 
onions, I gaue a rec to Jn° Gardner for thirteene p d of onions 
More then I haue or did receiue, w ch Mistake I desier may be 
rectified, I not hauing y e w* of y e fish & onions when I gaue y e 
rec*, I haue disposed of sum part of y e fish but haue not rec d 
any goods yet, but by thee first opportunity I shall send y u sum 
goods, yo r Fish came to A very bad Markett, here being so much, 
and A man may buy as good Cod Fish as Neede to be spent for 
a p d of sug r a pound, I shall by the next send y u more at large 
I borrowed a bagg of Jn° Gardner to bring up the onions, & not 
hauing an opportunaty to Carry it downe so soone as I should 
therefore I Desire y u to make my excuse, If hee be Come away 
but I purpose to send y e letter w th him, I speake w* Antony Tol- 
man about y e fish, & he doth acknowledge y e rec* thereof, & 
saith y* hee hath sent y u seuerall letters & y e Accompt w ch he 

* Autograph. 



1672] RECORDS AND FILES 49 

Samuell Knowlton v. J no. Powlen. For not prosecuting his 
replevin. 

Mathew Price v. Anthony Ashby. Debt. Verdict for plain- 
tiff. * 

Capt. James Smith v. Richd. Rowland. For intermeddling 
with the plaintiff's dealings and pernisciously suggesting mis- 
apprehensions to people's minds in his dealings. . Withdrawn. f 

Capt. George Corwin v. Steeven Greegs. Debt. J 

John Leach, jr. v. Mr. John Emerson. Appeal from the judg- 
ment of the Worshipful Major William Hathorne. Verdict for 
defendant, the confirmation of the former judgment. § 

makes no doubt but y u haue rec d , If yo u Can by any Conuenienc 
send sum barr lls of Pickled oysters, I shall make y u honest re- 
turns w ch is y e needfull at psent, from 

"Yo r Lo: ffr d & Kinsman 

"George Maggs.|| 

"yo r Vncle William Shingleton is dead & uncle Frances Carter 
& uncle Till are all Dead, and y r sister Jean I married to one 
Dobbs and liue Just und r y e shopp at y e beare. hee is a barb r 
surgeon. I doe expect nuse Euery day from Glosf, no more 
at psent. 

* Mathew Priss' bill of cost, 16s. 2d. 

t Writ, dated 18 : 4 : 1672, signed by Hilliard Veren,|| for the 
court, and served by Samll. Morgan, [| constable of Marblehead. 

| Writ, dated June 3, 1672, signed by Hilliard Veren,|| for the 
court, and served by Henry Skerry, || marshal of Salem, by at- 
tachment of house and land of defendant. 

§ Copies of the papers in this action, when brought before Wm. 
Hathorne, 1 1 assistant : 

Writ: Mr. John Emerson v. John Leach, jr.; debt due for 341i. 
received by Mary Edwards, now wife of John Leach; dated 
23 : 2 : 1672; signed by Wm. Hathorne, || assistant; and served 
by Wm. Sargent of Gloster, deputy for Henry Skerry, marshal 
of Salem. 

On 30 : 2 : 1672, Hathorne found for plaintiff. Defendant 
appealed and gave bond, with Rice Edwards and Tho. White 
sureties. 

Tho. Judkins of Gloster testified that being occasionally at 
Mr. Emerson's house at Gloster when Mary Edwards was there, 
her master Emerson then reckoned with her, and she owned 
the debt and engaged to pay 30s. in a short time to the merchants 
of Ipswich upon her mistress' account. Sworn, Apr. 29, 1672, 
before Samuell Symonds. 

|| Autograph. 



50 SALEM QUARTERLY COURT [June 

Richard Gooding deposed the same. Sworn, Apr. 29, 1672, 
before Samuell Symonds. 

James Davis, aged about thirty-five years, deposed that when 
Mary Edwards went away from Mr. Emerson's, she owed for a 
tammy coat and promised faithfully to come and serve it out. 
Sworn, 30 : 2 : 1672, before Wm. Hathorne,* assistant. 

Bill of cost, Hi. 5s. 6d. 

Letter of attorney, dated Apr. 29, 1672, given by John Emer- 
son of Glocester to William Sargant of Glocester, to recover 30s. 
for some English goods had of him by Mary Edwards, now wife 
of John Leach, four years ago. Wit: Henry Walker and William 
(his mark) Haskell, sr. Acknowledged, Apr. 29, 1672, before 
Samuel Simonds. 

John Leach's* reasons of appeal, dated 20 : 1 : 1672, and 
received, 29 : 4 : 1672, by Wm. Hathorne,* assistant: that he 
never had any dealing with Mr. Emerson whereby he could be 
indebted to him; that if Mary Edwards contracted this debt 
before marriage, she was in her father Ryse Edwardses custody, 
to whom Mr. Emerson came with much importunity to get Mary 
to dwell with him one year, and he consented on condition that 
said Emerson should pay as much as she could get for her service 
in any other place; that they asked her to stay longer, and when 
her father heard it, he, having engaged her elsewhere, went for 
her and demanded a reckoning of her master, saying if there was 
anything due to said Emerson, he would satisfy him, but Emerson 
would come to no account and Edwards took her away; "we 
humbly conceiue that if A mans wife liueing with her husband 
taketh up goods and promiseth pay afterward she obtaining a bill 
of divorc and she becometh another mans wife her Later hus- 
band would think himself hardly delt by if he should be forced 
to pay the debt especially if her former husband ware Liuing for 
whos use they were taken: but thanks be to god your humble 
Apelants wifes father yet lieueth whos dewty and care to cloath 
his children Liueth also," etc. 

Mr. Emerson's bill of cost, 8s. 

Answer to John Leach's reasons of appeal, made by William 
Sargeant,t attorney: that said Leach pleaded that the debt 
belonged to the father of his wife and as for Mary being under 
the guidance of her father and not capable of making contracts, 
they answer that nothing had been proved that her father ever 
objected to the contract with Mr. Emerson or others with whom 
she had contracted before, she being at the time about twenty- 
one years of age and coming to his service without necessary 
apparel; "that whereas it is aleged in the last reason that wheras 
M r Emerson did alow the s d Mary Edwardes for wages five poundes 
p annum the Father would willingly now demand seven powndes 
and p the same rule had she agreed for seven powndes he might 

* Autograph. 



1672] RECORDS AND FILES 51 

John Godfrey v. George Corles. Forfeiture of a bond of 601i. 
in wheat. Verdict for plaintiff. Bond moderated to 45H. to 
be paid in wheat at 5s. per bushel.* 

Jon. Godfery v. Daniell Ela. For being instrumental in prose- 
cuting plaintiff in the name of Mathias Butten. Withdrawn.! 

Peeter Duncan had his license renewed for stilling strong- 
water. 



have demanded nine: but her being of full age and the Fathers 
never contradicting or interposeing with the more than ordinary 
wages of a mayde Servant being 5 U p yeare doeth abundantly 
answer to which may be aded her great weaknes and distempers 
in the tyme of her servisc: and for the debt sued for: it hath 
bene Legally proved & her promise of payment by a few weeks 
before her mariag: and to conclude the strength of the pit. rea- 
sones seeme to insist on the mistake of the party sued which 
should have bene the Father & not the husband the which at 
the best being granted, signifies but a non sute, the which is 
now too late to pleade." 

*Bond, dated Feb. 17, 1664, given by George CorlisJ of 
Haverill to John Godfry of Ipswich, 151i. 18s. and 70 bushels of 
wheat at 5s. per bushel, to be delivered at Carlton's landing 
place in Haverill. Wit: Anthony Somerby§ and Peter (his 
mark) Godfry, who made oath, June 17, 1672, before Daniel 
Denison.§ 

John Godfry's bill of cost, 43s. 

Writ, dated Apr. 10, 1671, signed by Anthony Somerby,§ 
for the court, and served by Steven Webster, § constable of Hav- 
erel, by attachment of the dwelling house and land of defendant. 

I Writ: John Godfery v. Daniell Ela; for being instrumental 
in prosecuting him unjustly in the name of Matthias Butten, 
and executing the judgment of court as the marshal's deputy, 
in his own case with rigor and cruelty, abusing the person of 
said Godfery; dated Mar. 22, 1671-72; signed by Hilliard Veren,§ 
for the court; and served by Steven Webster,§ constable of 
Haverel, by attachment of the dwelling house and land of 
defendant. 

Copy of depositions taken from the Salem court files of June, 
1669, made by Hilliard Veren,§ cleric. 

Daniel Ela's bill of cost, Hi. 3s. lOd. 

Thomas Linforth deposed that some time the past spring 
Daniell Ela brought him all the bonds that Godfrey had of his 
and said that deponent must pay all that was due, which was 
201i., half of which he paid Ela in a pair of oxen. Sworn, Nov. 
22, 1669, before Nathll. Saltonstall,§ commissioner. 

X Autograph and seal. § Autograph. 



52 SALEM QUARTERLY COURT [June 

Joseph Armitage, in behalf of the church v. Hen. Roads and 
Mr. Thomas Cobbitt. Defamation. Withdrawn.* 

Mr. Jno. Higgenson v. Richard Lea. Forfeiture of a bond. 
Withdrawn.f 

Nathanll. Putnam, informing the court that there were 601i. 
in his and Joseph Huchesson's hands of the estate of Jon. Lam- 
bert, deceased, and there being 1201i. legacy to be paid to the 
daughter Abigail, court ordered that it be secured in their hands 
for the payment of this legacy as far as it would go. Anthony 
Ashby was ordered to appear at the next Ipswich court to give 
security. 

John Smith and Elizabeth, wife of Zachariah Goodell, being 
bound over to this court to answer to several abusive and un- 
civil carriages between them, with which said Elizabeth charged 
said Smith, the latter desired to be tried by a jury, who found 
him guilty. Court ordered him to be whipped on the next lec- 
ture day in Salem and to remain in prison until the sentence be 
executed unless he pay 40s. Upon supplication of Anthony 
Needham and Giles Coree, who engaged to pay the fine and goal 
charges within two months, his sentence of being whipped was 
remitted, t 

*Writ: Joseph Armitage, in behalf of the church v. Henery 
Roads and Mr. Thomas Cobitt; defamation, for casting him 
out of the church because Capt. Bridges would have it so; dated 
May 2, 1672; signed by John Fuller,§ for the court; and served 
by Samuell Hartt,§ constable of Lin, by attachment of the house 
of Henery Roads. 

fWrit: John Higginson, jr. v. Richard Lea; forfeiture of a 
bond; dated 18 : 4 : 1672; signed by Hilliard Veren,§ for the 
court; and served by Henry Skerry, § marshal of Salem, by 
attachment of the house and land of defendant, summons being 
left with his wife. 

| Summons to constable John Suthwick of Salem, for the 
apprehension of John Smith, and Elizabeth, wife of Zachery 
Goodell, and to bring them to Mr. John Gardner's, dated 11 : 
4 : 1672, and signed by Wm. Hathorne,§ assistant. 

Summons also for witnesses, Gould and his wife, Tho. Flynt's 
wife, Coree's wife, Carrill's wife, Anne Needham and Kelam's 
wife, dated 15 : 4 : 1672, and signed by Wm. Hathorne,§ assistant. 

Copies of the papers in the action before Wm. Hathorne, made 
by Hilliard Veren,§ cleric: 

§ Autograph. 



1672] RECORDS AND FILES 53 

Lot Killum and Zacheriah Goodell deposed that John Smith, 
being at said Goodell's house, the latter's wife being present, 
said that he was sorry for what he had done to Goodell's wife 
and prayed God to give him repentance, hoping he should do 
so no more. Zacheriah replied that he wished God would give 
him repentance. 

Edward Beachum and Zachariah Goodell were bound for the 
latter's wife Elizabeth's appearance. 

Thomas Flint, Giles Goree, John Rubton and John Smith 
were bound for Smith's appearance. 

John Tomkins, sr., John Small and his wife, John Foster and 
his wife, John Pease, George Jacobs and his wife, Eliz. Symonds, 
sr., James Symonds and his wife and John Tompkins, jr., certi- 
fied that they " being nere neighbores vnto Elizabeth Goodel, 
the daughter of Edw. Beachom and having had acquaintance 
with her from her childhood to her marriage Do testify y* ac- 
cording to our best observation and judgment shee hath been 
of an honist civill conversation & one y* would not wrong the 
truth in her speches." 

Mary Corey, aged about forty-three years, and Mary Carrill, 
aged about thirty-five years, testified that Elizabeth Goodell 
told them that one time as John Smith, her brother-in-law, was 
working in a swamp near her house, he called to her for fire, so 
she carried it to him and laid it on the side of the brook, he being 
on the other side. He asked her to tarry and smoke, and she 
told him she had already smoked, so she ran away up the hill 
and he ran after her, etc. Also at another time he assaulted her 
when he fetched her from her house to help his wife when she 
lay in, so that she jumped from the horse on which they rode. 
Also when he was at Lott Keellam's digging a well, and once on 
a Lord's day while her husband was at meeting, etc. She said 
he was an ugly rogue and threatened to tell her husband, and 
that he had been uncivil to her ever since her son Zachery was 
a little boy, but she feared that if she told her husband, said 
Smith would kill her or her children or hurt her creatures. She 
told deponents that these things were true and that she would 
swear to them before the best magistrate in New England. 

Hannah Flint, aged about twenty-two years, deposed that 
she was at John Smith's house at the time of his wife's lying in, 
and Elizabeth, wife of Zachary Goodell was there also, etc. De- 
ponent heard said Elizabeth tell of lascivious language used 
by both herself and Smith, and also heard Patience, wife of 
Isacke Goodell, affirm to her sister's face, etc. 

Patience Goodell and Hanah Kellum testified that the foolish 
words that their sister Elizabeth Goodell spoke to them about 
Smith were said in a jesting way. 

Zachary Goodel declared to the court on his wife's behalf that 



54 SALEM QUARTERLY COURT [June 

"he hath not found his wives affections in y e least alienated 
from him, but she doth love and respect him as well if not better 
since these things between John Smith & her have bin reported, 
from y e time of y e first thereof unto this time as ever she did 
before." 

Geyles Corey, aged about fifty-five years, deposed that Eliza- 
beth, wife of Zackary Goodell, related to him that on a morning 
after she and his wife had been at the house of Nathaniel Car- 
rell, coming into deponent's house, John Smith being there, 
said Elizabeth had been affronted by said Smith. Deponent 
asked her where he and his wife and daughters were. Her answer 
was that she was in the house and went up the ladder into the 
chamber and that his wife was near some bushes at the door 
taking in linen. He said if there had been anything amiss, she 
should have told him then, but when he came down he saw noth- 
ing but laughing and smoking. Elizabeth said that she was 
like to have broken her brother Smith's head with the ladle and 
his wife said if she had, there would have been but six pence or 
a groat to pay. Later Elizabeth told deponent that she knew 
he was in the house, etc. 

Lott Killum deposed that his wife being lame from a fall that 
she received upon a rock, John Smith offered her abuse, and she 
told him of it at night. Whereupon deponent dealt with said 
Smith privately about it. 

An Needham deposed that she and her husband were in Eliza- 
beth GoodelFs house, with the wife of Thomas Flint, when de- 
ponent's husband told said Elizabeth that she was foolish to 
have reported such stories, and she said that they would not have 
gotten out if she could have helped it. Also that deponent heard 
Nethanel Carall say that Elizabeth had said several times in his 
house this winter that she wished that the old folks were gone, 
etc. Also that the wife of Robbert Goodell told Hanna Flinte 
that in the winter time she told her old man that Smith and Betty 
were together very much. 

John Harrod and his wife testified to the same. 

The answer of Elizabeth, wife of Zach. Goodell: that the stories 
had been grossly exaggerated; that she had told what had hap- 
pened to her husband and her sister Hannah Killum in private, 
but it had "come to the mouths of such talkers as have p verted 
the truth and made the matter appere far worse then euer it 
was to my great Scandall and reproach. Mary Gory & Mary 
Carril hearing of it came to enquire of me how it was, and I 
foolishly told my ptended friends what before I had told my 
Sister Killum;" that the reason she did not complain to authori- 
ty was because she was afraid Smith would do her harm, as she 
was often alone with her children and remote from neighbors; 
that if she had complained and he had been punished, "what a 



1672] RECORDS AND FILES 55 

Daniell Butler, for fornication with Eliza. Stanly, was sen- 
tenced to be whipped at Ipswich "on this day wilbe afortnight," 
or pay 20 nobles and be committed to the prison at Ipswich 
until the fine be paid. He was ordered to give security to the 
town of Ipswich for the charges of the woman and child.* 

Mr. John Higgenson, Mr. Joseph Gardner, Mr. Haskett, Mr. 
Lattamore, Good. Edmonds, Mr. Maverick, Mr. Ward, Mr. 
Jon. Hathorne, Mr. Jon. Gedney, Mr. Wm. Brown, jr. and Mr. 
John Corwin had their licenses renewed. 

sad life should I have had with my Husbands relations, Again 
I hoped he would reforme & being a relation I though a privet 
healing might make it up, and I was some advised when it was 
known, not to complaine against him because it would as they 
thought ruin his family, he being desperate some times, I was 
resolved to complaine against him as Mary Gory & Mary Carril 
do witness I told John Smith I would & to that end did go downe 
the towne to acquaint Maj r Hathorne with it but was discour- 
aged by others and being foolish & not acquainted with the Law 
did forbear untill the Major was to go to the Gener 1 Court and 
when he came home againe I pceiued that it was so spread abrode 
through indiscretion." etc.; that she was heartily sorry for her 
foolish words and "I desire to be humbled that I should any 
way be an occasion of filling the mouths of any with pfane and 
sinful words to y e Dishonor of the Great God and the scandal of 
the Gospell. . . . And I desire it may be warning to mee & to us 
all never more to jest or speake foolishly vainly or slitely of such 
matters as should be cloathed with gravity & modesty, and I do 
acknowledge tis a dishonor to y e Sect of women . . . but this I 
can truly say ... I love my husband as dearly as ever I did and 
no man else with such a love and I thinke he will say that he 
neuer saw cause from mee to thinke the contrary ... I desire 
that the truth should not be wronged nor yet that John Smith 
should suffer more then he hath deserved ... I thinke my neigh- 
bours amongst whome I have lived in the north field can testifie 
that they never saw any uncivill cariage by mee from my Child- 
hood untill I was married. The language John Smith used to 
me and the Actions were such as most tend to y 6 way of his call- 
ing in dealing w th Cattel and not so like unlawfull dalliances 
tending to uncleanness." 

* William Goodue, jr.,f Phillip (his mark) Fouler, jr., and 
Daniel (his mark) Butler of Ipswich, husbandmen, were bound 
May 20, 1672, to the prison keeper Theophilus Wilson, for 
said Butler's appearance. Wit: Josiah Clarke f and Samuel 
Wilson. | 

t Autograph. 



56 SALEM QUARTERLY COURT [June 

Richard Norman and Benjamin Parmiter had their former 
licenses renewed and Jno. Petherick had license granted to sell 
strong waters to his own company of fishermen for the ensuing 
year. 

The wife of John Trask of Beverly, for fornication before 
marriage, was fined, Capt. Walter Price engaging to pay it. Said 
Trask was ordered to appear at the next Salem court. 

George Peale and his wife, for fornication before marriage 
were ordered to be severely whipped on the next lecture day in 
Salem, unless they paid 50s. each. Four pounds being tendered 
for them, court accepted it. 

Elizabeth, wife of Edward Berry, owned in court that she 
allowed her husband's will, particularly in the matter of the 
land in controversy. 

Mathew Price made oath to the truth of his book and of the 
account of Anthony Ashby. 

Mosses Ebborne and Sara, his wife, for fornication before 
marriage, were sentenced to be whipped on the next lecture day 
in Salem or pay a fine. 

Martha Jewell, relict of William Jewell, renounced her inten- 
tion to administer upon her husband's estate, and it was left with 
Capt. George Corwin, who was ordered to bring in an inventory 
to the next court. 

John Stacy dying intestate, Elnor, the relict, was appointed 
administratrix and brought in an inventory which was allowed. 
She was ordered to pay to John, the eldest son, 101i., and to 
Mark, Grace and Edward, 51i. at age or marriage. If she mar- 
ried again her husband was to give security and the children 
were to be allowed as much again.* 



♦Inventory of the estate of John Stasie, deceased, taken Feb. 
28, 1671, by Moses Mavericke,f John Deverixf and Samll. Ward: 
Hous and Land, 1001L; 1 Cow, 41i.; 6 swien, 31i.; fether bed, 
Rugg, 2 blankets, 1 paire of shetts, 2 pillows and pillowbes, 
bowlster, 51i. ; 1 trundlbed with furniture, 31i. ; 1 bed and furni- 
ter in the Chamber, 41i. 10s.; flax and Cotton, Hi. 10s.; 1 pew- 
ter platter, with some other pewter, 12s.; 1 bras kitl, 40s., 1 
Letl bras kitl, 5s.; 2 Iron potts and hangers, Hi. 10s.; 1 frieng 
pan Chafing dish and a spitt, 5s.; 1 paier of belhs, Is. 6d.; 4 
old barells, 4s.; wooden and Earthen ware, Hi. 10s.; 2 sives, 
3s., lantorn, 2s. ; 1 mustkitt and sword, Hi. 10s. ; 1 fowlling peas, 

f Autograph. 



1672] RECORDS AND FILES 57 

Jacob Barney, sr., aged about seventy-one years, deposed that 
"Mr. Phillip Cromwell haueing declared to Cap 4 George Cor- 
win his former wife, his desire of a marriage betweene his son 
John & my daughter Hannah, I beeing told of it by m r s Corwin, 
tooke occasion to goe to m r phillip Cromwell's house to speake 
with him, he & his wife tooke me into a Iner roome, wheare he 
& his wife, did declare to me both theire willingnes to haue it 
soe soe wee began to speake about the waye for theire com- 
fortable liueing, M r Cromwell haueing taken a cold in his head, 
his hearing was then very bad, soe m r s Cromwell began to speake 
to me, I turned to m r Cromwell exspecting to haue theire minds 
from him, he pceiuing it said that what soeuer his wife doth 
Ingage, he would make it good, soe amongst other things, shee 
spake as followeth, vidz: that if they did marry, they should 
Hue with them, if they would & take theire diett with them. If 
they did not like to Hue with y m they should Hue in one end of 
their house & y m selues at the other end of it, yf they did not like 
to Hue soe, they should goe into the other house that was stand- 
ing betweene theire house & Thomas Crumwells house & said 
m r s Cromwell, that is John Cromwells house, & theire I will 
furnish for them two rooms, withall necessaries soe as for theire 
ordinarye occasions they shall not need to borrow any thing." 
Sworn, 18 : 2 : 1672, before Win. Hathorne, assistant, and also 
in court at Salem. 

The will* and inventory! of Thomas Caly were allowed. 

Hi. 5s. ; 1 wolling whell and Cords, 5s. ; tilling, 10s. ; old Chests, 
15s.; 1 Shovell, 4s.; betl, 3 wedges and axes, 10s.; fier shovell, 
tongs and gridiron, 2s.; 1 Coat and briches, Hi.; a parsell of 
old Cloths, Hi. 10s.; 2 shirts, 10s.; 3 paier of drawers, 5s.; 1 
hatt, 5s.; 1 paier of shoes, 5s.; 3 paier of stokins, 7s.; money, 
71i. 17s. 6d.; total, 144H. 9s. Debts owing, 10H. 

♦Will of Thomas (his mark) Caulie, without date, allowed 
upon oath of Mary, the relict: "I will that my depts be onestlie 
paied out of my estatt and for what thear is Left I giue to my 
wiff during horr liff as alsoe on third port of my hous and Land 
after my children doe Com toe agge the wholl of my hous and 
Land to remaien in my wiffs hand untill thay shall Com toe age 
and after hor deses I will that what thear shall remaien of this 
my estat shall return toe my Children toe bee equally devided 
betwixt them. 

"I will that my Eldest son benieman shall have a dubl por- 
tion of my hous and Land after my wiffs thirds is taken out and 

fSee foot-noie on following page (58), marked t- 



58 SALEM QUARTERLY COURT [J line 

Whereas Sara, relict of John Marsh, deceased, and adminis- 
tratrix of his estate, having been married recently to one Nicholas 
Chatwell, and the estate of said Marsh having been ordered by 
the court, the children of deceased having a considerable part 
allowed them, court would not allow the security tendered by 
said Chatwell, but ordered that he be required to furnish 1501L 
as security, together with some other sufficient person, to the 

the rest toe be devided betwixt my other twoe sons: my thre 
sons paieing toe my daughter when thay Reserve thar portions 
the sum of twentie pounds to be paied by my sons equally when 
they shall be of age. 

"I will that that parsill of Land which I gave to Fransis Gater 
as it is now staked [th]at he and his heirs for ever may peasably 
Inioy without any molestation from me or any of my heirs exexo- 
tors administrators or asighns whearas I gave to my father palmi- 
ter a porsell of Land wher now his dwelling hous stands I desire 
that he may peacably and quiettly inioy it during his liffe and 
after his deses he is to Resine up to my son benieman Cawlie on 
third port of the saied hous and Land and to give him the refusall 
of the other twoe thirds paieng for it as an other will he is to 
have it it is my desir that Sam 11 Word and my father Benieman 
Parmiter should be overseers to se this will performed and in 
case ether of them should die befor it be acomplished that then 
my wiff shall Chos on mor to Joyn with him that lives to se the 
same performed." Wit: Samll. Word* and Beniamen Parmiter.* 

"[Inventory of the estate of Thomas Caulie, taken Apr. 27, 
1672, by Samll. Ward,* Richard Norman* and James Dennes:* 
One bed, 3 blankits, 1 rugg, 31i.; 1 bed, Hi. 5s.; 3 Iron potts, 
1 Iron Skillitt, Hi. 10s.; tongs, potthooks and Crooks, 10s.; 
1 frieng pan, 3s.; 1 bras skillitt, 3s.; 3 platters, 6 poringers, 1 
pewter platter, Hi.; 6 Earthen dishes, 2s.; 1 pewter chamber 
pott, 2s. 6d.; 1 Smothing Iron, 2 heaters, 4s.; Earthen ware, 
Is.; 1 old Chest and box, 3s.; his wearing Cloths, Hi.; 1 hatt, 
4s.; 2 Musketts, Hi. 15s.; 2whells, 8s.; 1 tow Conn, 6s. ; 2 buck- 
itts, Is.; 2 Cows, 81i.; 1 heifer, 31i.; five swien, 31i.; 2 horsis, 
91i. ; 1 hous and Land Joyning to it, 701i. ; 1 old Cort and sleed, 
Hi. ; 1 ten acer lot, 301i. ; to the reversal of an acre of Land after 
ye Death of my wife's father, 51i.; total, 1391i. 17s. 6d. Mary, 
the relict, made oath in court. 

Thomas Cauly, debtor to Wm. Browne, jr., 51i. 3s. 5d.; to 
Wm. Browne, sr., 41i. 9d.; to Hilliard Veren, sr., 21i. 4s. 8d.; 
to John Waldron, Hi. 10s.; to Daniel Weld, 18s. 3d.; to Ambros 
Galle, 21i. 5s. These debts were to be paid by selling as much 
land as the Court ordered. 

* Autograph. 



1672] RECORDS AND FILES 59 

acceptance of the Worshipful Major Hathorne, Mr. Hen. Bar- 
tholmew and Nathaniell Felton, besides the house and ground. 

John How was granted a license to draw and sell penny beer 
and cakes. 

The highway that was laid out formerly by Mr. Jewett and 
Leift. Pebody between Topsfeild and Salem was allowed as a 
country highway. 

Mr. Joseph Gardner took the oath of a freeman. 

Theophilus Baily had his former license renewed. 

Upon the presentments of Mr. John Hathorne and Robert 
Potter, for breach of the peace, both were fined and ordered to 
pay witnesses.* 

*John Hathorne's bill of cost against Rob. Potter, 19s., and 
against Nicolas Potter, 9s. 6d. 

Thomas Looke testified that having occasion to make use of 
Robert Potter to axle-tree him a cart when he fetched it away, 
deponent asked said Potter to go with him to Mr. John Hath- 
orn's to drink, but they could get none. There was Danell 
Sallmon who had been drinking and there were several Indians 
in the house. "Robart Potter spake onto Mistris hathorne 
and saide I wonder why you will suffer danell sallmon to be heare 
and to be in this Condishon when you haue warninge to the Con- 
trarey and suffer these Indions in youer howse in the night and 
in the daye for now is so meney dronke a dayes up andowne that 
I am afraide thaye will doe som mischife for I doe not knowe 
wheare thaye geatt thare drinke if thaye haue it not heare In 
the Introm of time John hathorne Came in Robart Potter spake 
soch like words to him John hathorne saide what doe you Com 
to quarill the other night you Came into my house. It repents 
me that I did not seatt you headlonge ought of doores and Rob- 
art Potter saide I Com not to quarill I had bisnes heare and 
John hathorne Came violently open Robart Potter and Thrust 
him backward and strooke him Two bloes with his fist and Then 
boath went ought of doares." 

Robart Potter testified to the truth of the foregoing. Sworn, 
June 18, 1672, before Daniel Denison.f 

Thomas Newhall, jr., aged about eighteen years, deposed that 
he and his uncle Robart Potter took several of Mr. John Hath- 
arnes shoats in their corn, and helping take them to the pound, 
they ran to Hathorne's house, where said Hathorne, his wife and 
children tried to prevent them from driving the shoats along, 
saying that they should not be impounded. Then Hathorne 
took up a piece of a pine board or a barrel staff and struck Pot- 
ter, whereupon they struggled, Hathorne's children and wife 

t Autograph. 



60 SALEM QUARTERLY COURT [June 

John Hathorne, complained of for selling strong waters to the 
Indians, was fined and disenabled for time to come to keep an 
ordinal, one-third part of the fine to be allowed the informers, 
if demanded by them.* 

pulling Potter by the hair of his head, so that a great deal of his 
hair was pulled off and his face scratched. Deponent unloosed 
Mistriss Hathorne's hands from his uncle's hair and then ran 
after the shoats into John Gillos' orchard, where they caught one 
and Hathorne and his son Jonathan Shoare forcibly took it from 
them. All this happened last Indian harvest. Sworn, June 18, 
1672, before Daniel Denison.f 

Ruth Potter testified that during the "combustion" between 
Hathorne and her husband Robert Potter, Hathorne struck her 
twice with a board, and one blow struck her down and the other 
hit her wrist, causing it to swell and be very painful. Sworn in 
court. 

Thomas Newhall, Robort Potter and Henery Stasi testified 
that they heard that Hathorne said last Christmas day at night 
Joseph Collins had drunk seventeen quarts of rum in his house 
and many there were disguised with drink. Also that Joseph 
Collins' wife was so drunk that she had to be carried to bed and 
the reason why it was "smothered up" was because Mrs. Laton 
had a daughter among them. Sworn in court. 

Danell Sallmon, aged about sixty-one years, deposed. 

Thomas Bealle testified that he witnessed the fight and saw 
one of Hathorne's children striking Potter with something like 
a clapboard and Ebenezor Hathorne striking him with a knocker, 
which was used to split clapboards with, and he also saw Thomas 
Newhall, jr., etc. Sworn, June 18, 1672, before Daniel Denison.f 

Robart Potter and John Burall testified that they were ap- 
pointed by the selectmen of Lyn to warn John Hathorne not to 
entertain Danell Sallmon in his house, according to the law 
against common tipplers, which the selectmen considered him 
to be, and they gave the warning over a year ago. 

Thomas Newhall and John Burall testified that they heard 
Mr. Leighton, in the name of and in the presence of the select- 
men, give Danell Sallmon warning not to frequent John Hath- 
orne's house. Sworn in court. 

Robart Potter and Sarah Whood, his servant, testified as to 
Sallmon's being at Hathorne's disguised with drink. Sworn in 
court. 

* Francis Burrill,f Robert Driver, sr.,f Thomas Townsend,f 
Henry Collins,! John Colllns,t Henry Collins, jr.,f William 
Bassett,t John (his mark) Tarboks, sr., Joseph Collins,f John 
Newhall,f Edward (his mark) Irsone and Andrew Mansfeildt 

t Autograph. 



1672] RECORDS AND FILES 61 

of Lynn, petitioned, June 25, 1672, to Salem court, against John 
Hathorne: "As being agreiued that the greate name of god should 
soe suffer, by his suffering such abuse in his house, by Letting 
both English & Indions haue too much strong drink, not with- 
standing the pvision, & conscienciouse care of our godlye rulers 
to prevent the same: which practise makes greatlye to the dis- 
hono r of god, bringing guilt of sin: & Consequently the judgm ts 
of god. — wee therefore, not onelye Uppon a Comon fame of 
such abuses at his house, but some of us haue been eye & eare 
wittnesses to the sad Complaints with teares of some poore 
women, touching their husbands frequenting of that house, to 
the misspending p r sciouse tyme, wasting their estates & ex- 
poseing their familyes to sufferings through want, & others of 
there Feares of them selues & children by reason of the Indions 
being soe frequently e distempered with strong drinke, & this 
hath not onelye been a comon fame, of that house formerlye 
but still is, notwithstanding the godly counsell, & advise of his 
freinds to the Contraye." 

William Clarke* testified that Goodwife Sallmon had com- 
plained much of this man to him, that he had suffered her hus- 
band to spend so much there to her grief. 

Samuel Whiting, sr.,* testified that many Indians had been 
much disguised with drink in town, etc. 

Thomas Laughton,* Thomas Marshall,* John Fuller,* Mathew 
Farington,* Thomas Farrar,* John Burrill* and Thomas New- 
hall,* selectmen of Lynn, petitioned the court, 24 : 4 : 1672, 
that the abuses at John Hathorne's might be stopped. 

Robart Borgis deposed that at the last hay time he called on 
an Indian to help in the work, and he found him at John Hath- 
orne's with a noted Indian called John Robins, drinking. When 
deponent asked him to come to work, he said bye and bye, and 
when he came he was disguised with drink. He said, "my hed 
no well, no work to daye," and that he had one pint of liquor 
for which he paid a shilling at John Hathorne's. Sarah Burgis 
testified to the same. Sworn in court. 

Sarah Burgis further testified that she was a near neighbor to 
John Hathorne, having recently come to live there, and she had 
seen during the past summer several Indians come to her house 
so disguised with drink that she was afraid of them. One lay 
asleep in her yard several hours and she had heard several women 
say that they were afraid on account of so many Indians being 
about. Sworn in court. 

John Hathorne's bill of cost, Hi. 18s. 

Ebenezar Hathorne and Marah Hathorne deposed that about 
the middle of last June when their father and mother were gone 
to see their brother John at Mr. Cutts', there were some Indians 
in the house who desired some drink but they did not let them 

* Autograph. 



62 SALEM QUARTERLY COURT [June 

have any. At length, the Indians being in the other room, John, 
son of Thomas Newall, came to deponents with some money in 
his hand for a quart of beer and had it, it was understood after- 
wards, for the Indians. They refused to give him a half pint of 
wine. Deponents declared that the Indians had as much or 
more frequented Robert Potter's, for many times when the Indi- 
ans were passing, said Potter's wife would call them in, and when 
they sat upon the green she would go and sit with them. Scores 
of Indians went by Potter's gate in the summer that never went 
into Hathorne's house, and as many came from toward Capt. 
Marshall's, disguised with drink, some of whom had come into 
Hathorne's house, and their father had turned them out, not 
only Indians, but English. Some of them said they came from 
John Gillo's house where they had cider. One came from thence 
in such a condition that their father beat him out of the house 
with a stick and the Indian went to their sister Shours' house 
and so frightened her that their father went over to see, but 
the Indian was gone. Sworn in court. 

Robart Potter testified that he saw an Indian cutting wood 
at John Hathorne's door sober, and about an hour after saw him 
go up and down the street staggering and making a noise and 
he fell down. This Indian was in the stocks the next day for 
being drunk, the constable said. Ruth Potter testified to the same, 
and that he could not keep in the cart way. Sworn in court. 

Robart Potter testified that about nine o'clock one night as he 
was passing John Hathorne's house, the door being open, he went 
in and saw two Indians at the table, with Hathorne standing be- 
side them. There were two or three pots before them and one 
of the Indians had a gill in his hand. Deponent asked Hathorne 
why he allowed Indians there at night, and told him he was 
afraid they would do some mischief, "on of the Indions Called 
John Robins dronke onto me and I did drinke of the cup as the 
Indion gave me: and the drinke was likors and he saide Take a 
nother and then you no Tell I saide that shood not hindor me 
for Telling and after a few words went ought the next morninge 
I did heare that thare was a Indian Taken by the wach that 
night and Cared onto the Constables: I did aske the Constable 
what Indion It was as the watch brought onto him: he Tolld me 
it was one John Robins: and he toolld me that the Indian had 
three bottells of likors abought him," etc. The Indian owned to 
deponent that he was the one who drank to him. Sworn in court. 

Ruth Potter testified that at another time they saw several 
Indians go into Hathorne's brewhouse and some into his orchard. 
And John and his son Ebenezer took liquors to them and when 
they came out they were drunk. Hathorne said that their money 
was as good as others'. Sarah Hood testified to the same. Sworn 

in court. 

John Tarboks deposed that he and Henery Stacey were the 



1672J RECORDS AND FILES 63 

Zacheus Curtis, the elder, and Zacheus Curtice, the younger, 
and Zachariah Curtice, Abraham Redington, jr., and John Ever- 
itt, being complained of for smoking tobacco in the meeting house at 
Topsfeild, in the time when most of the people were met on a Lord's 
day, to the great offence of the assembly, were admonished and 
ordered to pay the witnesses, Ed. Bridges and John How.* 

watch and met an Indian near Thomas Newhall's house, coming from 
John Hathorne's, where he said he had his liquor, etc. Sworn in court. 

Robart Burgis and Thomas Newhall testified that as they 
were going into town on June 17, in the afternoon, they saw the 
Indian and saw him put in the stocks near the meeting house. 
The constable told the Indian if he would tell where he got his 
drink, he would let him out and he said that he bought it at 
Hathorne's when the latter was in Ipswich. Sworn in court. 

Samuell Hart, constable, aged about fifty-one years, deposed. 
Sworn in court. 

Sarah, wife of John Hathorne, deposed that the Indian came 
into the house drunk and she being alone was afraid of him. She 
took up a pair of tongs and got him out of doors, and she sold 
him not one drop of drink that day. Sworn in court. 

Samuell Hart deposed that Thomas Looke declared that part 
of the testimony that he made oath to, he had never heard read, 
and that when Robert Potter read it to him, he did not read the 
clause relating to Daniell Salmon. John Hathorne said, "good- 
man looke if he did not read true yet n^ brother Majo r Hath- 
orne did read it euery word," to which Looke replied, " there was 
such a noyes in Capt. Marshals house that he could not well 
heare & beleiueing that potter had read it wright before he did 
not take so much heed." Sworn in court. 

John, Sarah and Ebenezar Hathorne deposed. Sworn, June 27, 
1672, before Daniel Dension.f 

Thomas Stocker deposed that the Indian owned that he did not 
know what he said when he was in the stocks. Sworn in court. 

John Davis, aged about thirty years, deposed that he had seen 
Indians drinking from a silver cup in Hathorne's house. 

Joseph Collings testified that he had seen Indians there drink- 
ing rum, who asked him not to tell. 

Margarey Sallmon testified that her husband had spent his 
money at Hathorne's house, "and when nothing was to get, he 
gott ouer howse and land." Sworn in court. 

John Newhall and Henery Trevitt deposed. Sworn in court. 

Jonathan Shoare and Ebenezur Hathorne deposed. Sworn, 
June 22, 1672, before Daniel Denison.f 

*John Everard acknowledged, 26 : 4 : 1672, that he smoked 
in the meeting house with other company, but as soon as he was 

t Autograph. 



64 SALEM QUARTERLY COURT [June 

Bill of cost, against "ould cortis and his sonns," Hi. 3s. 

Mr. John Hathorne was allowed cost in an action which Robert 
Potter did not prosecute against him. 

Bills of cost were allowed Robert Potter and John Hathorne. 

Court ordered that George Keaser be released from common 
training, provided that four of his sons attend common training. 

Joseph Armitage, Richard Hutton and John Upton engaged to 
pay the county treasurer 40s. for said Armitage's fine, and also 
to pay the prison keeper. 

Fined by Major Hathorne since 9 mo. 1671: 

Jonathan Hart and his wife, for uncleanness. 

Jno. Sothwickes son and daughter, for uncleanness. 

William Smith, for pushing his wife. 

John Floyd, for stealing. 

Nathanll. Hun, for abusing the constable. 

Nicholas, Mr. Cromwell's man, for excessive drinking. 

Tho. Lyon, for stealing the second time. 

Tho. Pidgen, for being drunk. 

Mr. Theoder Price dying intestate, court granted administra- 
tion of his estate to Capt. Walter Price, his father, and Ann, his 
wife, who brought in an inventory* of his estate. The estate 
was ordered according to an agreement drawn up by the parties 
concerned, as follows: that Anna, the widow, should have 801i. 
for her own use, she giving said Walter a discharge for her thirds; 
that said Walter should take into his care and bringing up the 
eldest daughter of deceased, Elizabeth, who was to have 601i. 
at age or marriage; that said Anna should bring up the younger 
daughter Anna, who was to have 601i. at age or marriage; the 
administrators were to give security for the childrens' portions, 
and if either child died, her portion was to be divided between 
the surviving child and the mother; that the widow should have 
all debts due the estate. 

spoken to he put out his pipe, and is sorry that he should have 
given offence. He was so lame that he could not go to court at 
this time. 

♦Inventory of the estate of Mr. Theodore Price, taken Apr. 
10, 1672, by Hilliard Veren, sr.,f and Edmond Batter :f Dwelling 
house and half an acre of ground, adjoining, with the outhousing, 
1601L; a still with a worm, 101i.; pewter, a feather bed & bol- 
sters, 2 pillowes & beers, a Rug, 3 blanketts, 1 pr. sheets, with 

t Autograph. 



1672] RECORDS AND FILES 65 

The town of Marblehead presented for defect in the highwaye 
between the town's end and the place called the new bridge, was 
ordered to make the waye good by the next Salem court or pay 
a fine. 

Robert Pike of Marblehead, presented for living from his wife, 
gave the court satisfaction and was dismissed.* 



bedsteed, curtaines & vallens, rods, rope mat & flock Bolster, 
10H. ; a truckle bed, bolster, rugg, 1 pr. blankets, 1 pr. sheets & 
appurtenances, 21i. 15s.; a square table & 6 Joyne stooles, Hi., 
5s.; a round table, 10s., 8 leather chaires, 31i. 10s.; 14 chairs 
old & new, 16s.; 5 Cushions old & new, 7s.; a looking glass & 
3 or 4 other bottle glasses, 16s.; a case of bottells, screw bottells, 
15s.; 2 old pillowes & cases, 10s.; firepan, tongues, bellowes, 2 
Haukes, 10s. ; a lock of gold, 51i. 10s. ; a sleeke stone & brushes, 
2s.; 2 small bibles, a written book of mathamatix & 2 or 3 old 
small bookes, Hi.; 6 silver spoones, wine cupp, waying 9 ounces, 
21i. 14s.; a hand screene, Is.; in the chamber, a feather bed & 
bolster & pillowes & 1 pr. Sheets, rugg, 1 blankett, greene cur- 
taines & vallens & pillows, bedsted & appurtenances, 101i.; 4 pr. 
sheets, 50s.; 2 pr. pillowbeers, 8s.; 1 doz. ozenbridg, napkins & 
cloth, 2 dozen & 7 of most worne napkins & 6 cloathes, 21i. 10s. ; 
10 towells, 5s.; 6 bands & 2 or 3 old ends, 5s.; 5 shirts & 2 pr. 
drawers, 18s. ; 6 capps & 9 neck cloathes, Hi. 6s. ; 1 pr. Andirons, 
firepan, tongues, 12s. ; a smale looking glass, 12d. ; a trunk, 7s. ; 
a chimey cloath, 5s. ; 4 boxes, 10s. ; a powdring tub, 2s. ; som belly 
peeces & collers & som thred & som other trifles, 2s.; a pr. pis- 
tolls & holsters, Hi. 10s. ; about 71i. cotten yarne & 71i. flax yarn 
& cotten wooll, Hi. 8s.; 1 pr. cards & old baskett, Is. 6d.; a 
quadron & gunters scall, 6s. 8d.; his wearing apparell, 71i. 10s.; 
a hatt, & 7 pr. of stockens with a chest, Hi.; in the kitchin, 2 
Iron potts & pot hoockes, 12s.; a frying pan, spitt, chafing dish, 
5s.; warming pan, 8s., brass Kettell, Hi. 13s.; latten ware, 
4s. 6d.; skillets, scumer, ladle & candlesticks, 14s.; pewter, 
41i. 10s.; earth wt. ware & red ware, 10s.; Trenchers & dripping 
pan, 2s. 6d.; old butts, barrells, tubbs, & other lumber, 12s.; 
in cash, Rec. of William Hathorne, Hi. 10s.; the neager, 101i.; 
a hhd. of suger, 71i. ; total, 260H. Is. 2d. Also a belt, 5s. Estate 
debtor, to W. Price, 901i. 17s. 4 l-2d.; to Jno. Neal, 21i. 10s.; 
to New meeting house, Hi.; total, 941i. 7s. 4 l-2d. The pis- 
tolls not being sould is abated 6s. 

*Phillip Searls, late of Ottery St. Mary, in the County of Dev- 
on, in England, clothier, aged about thirty-eight years, deposed 
that "Robert Picks wife of Marbellhead who is Called and knowen 
by the name of Grace Picke and Liueth in Ottery St. Mary 

t Autograph . 



66 SALEM QUARTERLY COURT [June 

aboues d hath in this few late yeares brought seu r all Leeters to 
this depon* which Came from her husband Robert Picke out 
of Newengland and hath Requested, and desired this depon* to 
read them for her in which Leeters this depon* did see and read 
seu r all kind Inuitations for his wife and family to Come to him: 
And father this depon* sayeth that hee alsoe read a Leeter sent 
by the s d Robert Picke to his wife Grace Picke aforesd wherein 
the s d Robert had taken order by one M r Robert Barker of Way- 
mouth to bring ouer his wife and Chilldren and alsoe to supplie 
them with what money they wanted for the voyage And farther 
this depon* sayeth that hee hath heard the s d Robert Picks wife 
often say that shee would neuer Com to him Notwithstanding 
all his care and prouission hee did still make for her Coming 
ouer And farther this depon* sayeth that the s d Robert Picks 
wife is Reputed to be a verey Loose woman in her life and Con- 
uersation And to this depon's knowledge shee hath beene brought 
before a Justice of the peace in England for keeping a widdow 
man soe frequent in her house." Sworn, Nov. 10, 1671, before 
Edw. Tyng,* assistant. 

Eneas Salter of Ottery St. Mary, mason, aged about forty-one 
years, deposed that Robert Pick's wife often asked him to tell 
her husband when deponent came to New England that she was 
married to another man. Also that she said to Mr. Lad that 
she would not come over, neither should his son go unless Mr. 
Lad brought a special order to take her son from her. Sworn, 
Nov. 10, 1671, before Edw. Tyng,* assistant. 

John Robins, aged about twenty-three years, deposed that 
he was lately in England and having been desired by Robt. Pike 
to look up his wife, he accordingly did. "finding ye house in 
ye towne by inquiry hee knockt at ye doore & att last came 
downe stares a wooman w ch he soeposed to bee his wife as soe 
appeared and this depon* asked if Rob* Pike did not liue heare 
shee made answer y* formerly hee did butt where hee is now she 
could not tell: this depon* made answer y* then lately he did see 
him and y* hee was uery well: she shortly made answer If hee 
were well hee would doe well to keepe himself e soe: & she went 
away from me psently I not liking her discource had noe minde 
to goe in to her house and this depon* saith furder as hee was 
walking in ye path hee mett a man w ch inquired of mee If I knew 
Rob* Pike, I said Iknew him & y* hee was well, butt he made 
answer hee heard y* hee was maried again e; butt I made answer 
noe It was not soe: and this depon* saith y* hee told him he had 
heard his wife keept another man Company: then this man 
was uery angry for It appeared this was ye man: & hee said hee 
liued in ye house w th her and would as I soepose haue delt uery 
angerly by mee by his language & demeaner." Sworn in 
court. 

* Autograph. 



1672] RECORDS AND FILES 67 

Allexander Steward, for sailing from Gloster on a Lord's day, 
was fined.* 

Michaell Long, for setting sail from Gloster on a Lord's day, 
was fined.* 

The servants of the house were allowed 7s. 6d., and 18d. to 
the servants of Mr. Gedneye. 

Moses Maverick, aged about sixty-two years, deposed that 
about the year '51 or '52, deponent having discourse with John 
Bartle, deceased, "about the house was then building, I asked 
him for whome hee built it, his answer was that he bought y e 
ground of John Deuorix and was building the hous for Edmond 
Chapman, & his daughter Joan whoe was then to be married." 
Sworn in court. 

Parnell Bartoll, wife of John Bartoll, deceased, aged about 
seventy years, deposed that "I euer understood by my husband 
that y e house was built for my daughters portion w ch was to be 
married to Edmond Chapman." Sworn in court. 

William Charles, aged about seventy-seven years, deposed 
that "old Goodman Bartoll & my selfe was ouer uppon the Island 

Samuell Leach, aged about thirty-nine years, deposed that 
he had written several letters home to England for Pike to his 
wife and children, and had read several answers, which showed 
that she did not care for his company. He wrote one letter, 
which deponent said would have reclaimed a wife who had gone 
astray, but she did not answer. One, however, was received 
from his daughter in which she signified that it was in vain for 
him to write any more, for her mother wholly disowned him and 
claimed that his letters to her were counterfeit; that her mother 
had long kept company with a widower, a glazier, and that the 
daughter had had them both before a Justice, who ordered them 
to separate upon pain of punishment, but they continued as 
before, to the daughter's great grief, and were seeking means to 
be married. Sworn in court. 

*Summons, dated 30 : 2 : 1672, signed by Hilliard Veren,f 
clericus, and served by Samuell Keettell,f constable of Charls- 
towne. 

Samuell Elwell, aged about sixty-three years, and Joseph 
Elwell, aged about twenty-three years, deposed that "micakell 
Long being at Capan soum time in October last and set sayl on a 
Sabath day in the morning the sonne being a booyt three quar- 
ters of an houer hie." Sworn, 25 : 4 : 1672, before Simon Brad- 
street, f 

t Autograph. 



68 SALEM QUARTERLY COURT [June 

together when the house was raised & Edmond Chapman came 
ouer to me, to Intreate me to go ouer to eat pt. of the victualls, 
& y* y e old Bartoll said to his son in law, Edmond Chapman, 
that theire hous is a good house for thee, and the said Chapman 
said, thank you father." Sworn in court. 

Marke Pitman, aged about forty-eight years, deposed. Sworn 
in court. 

Fined by Major Hathorne: 

Daniell Salmon, for excessive drinking. 

Owen Ende, for taking salt aboard his boat on a Lord's day. 

Elisha Keebee, for stealing apples on a Lord's day. He was 
to pay 6d. for the apples to Tho. Greane. 

"S r Richard Briers is now in the house of Correction, accord- 
ing to order of Cot there to remaine untill he put in Bond to 
Hue w th his wife & to appear at Salem Co r t. The bearers herof 
are willing to Enter in bond for y e latter, but not for y e Former; 
the p r soner hauing much to say for himselfe, & if y u please to 
accept of their security, & signify yo r mind therin I shall readily 
joyn w th y 11 not doubting but y e Co r t will well accept o r doings 
therin 

"May 9 th 72 Yrs Daniel Denison."* 

On the reverse of the foregoing paper: "To the Worsh 11 m r 
Sam 11 Simonds." Also in another handwriting, "These For 
my Deare and louing sister M rs Sarah Hubbert." 

Bond of John Andrewes* and Henry Benet,* dated May 9, 
1672, for Prior's appearance. 

John Andrewes, sr., Henry Bennit and Samuel Graves testi- 
fied that they heard Thomas Hobs say that Richard Prior should 
not come within his doors nor come near his daughter, and that 
there should not be any more of their breed, and also threatened 
him if he did come, etc. Sworn, June 20, 1672, before Daniel 
Denison.* 

Inventory of the estate of Peter Commu, which was left at 
Jacob Pudeter's, taken Feb. 14, 1671-2, by Joseph Grafton* 
and John Grafton,* and allowed, in Salem court, 28 : 4 : 1672, 
upon oath of Jacob Pudeater, administrator: Three pare of 
Breches, Hi.; 3 Cots, Hi. 5s.; 1 Rug, 15s.; shewes & stockings, 
10s.; 2 old sheets, 1 pare Drawers, 3 Hancachers, 2 Neck Cloths, 
7s.; 2 hats, 6s.; a wascoot, 5s.; a belt & a pare of old Gloves, 
4s.; a par of Drawers, wascot & a par of stockins, 6s. 

John Massey, aged about forty-one years, testified that he 
went to Jacob Pudeter's house several times after Petter Com- 
mue came there in his great weakness, and said Petter declared 
that he was turned out of his dame Barresess house and from 

* Autograph. 



1672] RECORDS AND FILES 69 

Mr. Humber's, where he thought he might be welcome for what 
was due to him for his former service, "thear uppon Comming 
to Jacob Pudeter Uppon a Saboth day at Night with Feseck to 
tak the Next daye Jacob & his wiffe was Loth to Intertane him 
Never the Les he contineued theare For the spase of A Fort- 
night In much weknes & the Afforsaid Jacob & his wiff desiring 
him to goe to goody Bareses Againe he saide he would Never 
goe thether Agen becaus of the great discatisy he had Reseved 
In turning him Away but he had mony In M r Joseph Gardner 
hand & thoase that did most for him In his weknes should have 
what he had If god took him Away & If he Lived he hoped to 
make them a Recompense." Sworn, 28 : 4 : 1672, before Wm. 
Hathorne,* assistant. 

Joseph Fouler, aged about thirty-one years, deposed that 
"being sent For to watch with Peter Comey one Night when 
he was very wek & the same Night It plesed god to take him 
out of this world. . . . seing him in a weke condition I desired 
to know of him how It was with him & how hee had ordered w* 
he had he Answered that he was very wek but only For hys out- 
ward Astate he had Given Itt to Jacob Pudeter & his wiffe only 
a par of shews which he was not Abell to expres to how he In- 
tended them." Sworn, 28 : 4 : 1672, before Wm. Hathorne,* 
assistant. 

Inventory of the estates of Elias Young, William Yabsly and 
Edward Foster, lately cast away, taken by Bartlemew Gedny,* 
Erasomus James* and Christopher Latemer,* and returned June 
27, 1672, to Salem court: 

Elias Young, his aparill, bed & chest & Instruments, 1 Hi. 
17s. 6d.; his share of fish, 9 1-4 qtls. of Cod fish unculled att 
14s. p qtl., 61i. 9s. 6d.; 1 qtll. of hadock & 1 qtl. of poluck att 
8s. p., 16s.; his part of 4 1-2 hhds. of sault, Hi. 7s.; his prt. of 
baite 1 1-4 barill of makrill at 12s. 6d.; his pt. of a mast, 2s. 6d.; 
due to him from Jno. Leg, 12s. 6d.; due from Foster for sault, 
8s. 11 l-4d.; total, 221i. 6s. 7 3-4d. Subtract 24s. his prt. of 
wt. hath been expended In wayghing the fish & our Time & 
other Charges, Hi. 4s. Debtor: to Erasmus James, 61i. lis. 
lOd. ; Eleazer Gedny his part for Rebuilding yr. boat, 31i. 5s. 9d. ; 
Ambrose Gale, Hi. 2s. 9d.; Ambrose Gale his pt. for sails & 
Riging, Hi. 7s. 6d.; Bartlemew Gedney, 21i. 10s. 3d.; James 
Skiner, 33s.; Christopher [Nick?], 50s.; Samll. Lee, 50s.; Jno. 
Cob, 4s.; Wm. Nick, 49s. 8d. & more for stageroom; more to 
Wm. Nick for blubr. hogshed, Is. 8d.; more to Richard Dill, 
31i. lis. 3d.; total, 2711. 17s. 8d. 

Edward Foster, his aparill & beding, 81i. 12s. 6d.; his share of 
fish, 9 1-4 qtls. of Cod fish, unculled, at 14s., 61i. 9s. 6d.; 2 qtlls. 
of Refus fish, poluck & hadock at 8s., 16s.; 1 fouling peec, 20s., 
& 1-2 barill makrill, Hi. 5s.; total, subtracting his part of charge, 

* Autograph. 



70 SALEM QUARTERLY COURT [June 

151i. 14s. Debtor: to Ambros Gale, 41i. 9d.; Erasmus James, 
51i. 10s. 6d.; Mary Trevet for washing, 20s.; Dixy, ferryman, 

5s.; , shoemaker att Boston, 18s.; And , 24s.; 

Nicho. Wilis, 5s. 6d.; Ed. Homan, 8s.; Mr. Lattemer, lli. 14s. 
lid.; Jno. Stacy, 6s. 6d.; Mr. Brock, 18s.; Wm. Pitche, 26s.; 
Jno. Cob, 44s. 8d.; Jno. Clements, 30s.; Mr. Maverick, 51i. 
Is. 7d.; Elias Yong for sault, 8s. lid.; Wm. Yabsly for sault, 
8s. 11 l-4d., more p ould Mr. Browne, 121i. 3s. 8 l-2d.; total, 
391i. 14s. lid. 

Wiliam Yabsly, his cloaths & beding, 41i. 7s. 6d.; 9 1-4 qtls, 
of Cod fish unculled at 14s., 61i. 9s. 6d.; 2 qtls. of Refus fish, 
16s.; 1 1-4 barills of makrill at 10s., 12s. 6d.; pt. of an ould 
mainmast sould, 2s. 8d.; his pt. of sault not spent, lli. 7s.; Ed- 
ward Foster for sault, 8s. 11 l-4d.; total, subtracting charges, 
131i. 1 l-4d. Debtor: to Erasmus James, 61i. Is. 7d. ; his pt. 
of Rebuilding the boat by Eleazar Gedny, 31i. 5s. 9d.; Bartle- 
mew Gedny, 15s.; Ambros Gale, lli. 9s. Id., and for sails & Rig- 
ing for ye boat, 21i. 16s. 7d.; Wm. Nic, a blubr. Cask, Is. 3d.; 
James Skiner, 4s. 6d.; Samll. Lee, 30s.; Jno. Cob, Is. 8d.; Rich- 
ard Dill, 31i. 9s.; total, 181i. 5s. 4d. 

At Salem court, 27 : 4 : 1672, the appraisers of the estate 
were appointed administrators, who were ordered to pay the 
debts as far as the estate would hold out. It was also ordered 
that the boat's hire was to be accounted due only for the time 
being and the mooring and the stage room for the whole voyage, 
to be paid in proportion to the rest of the creditors, and return 
be made to the next Salem court- 
Will of John (his mark) Neale* of Salem, being sick and weak, 
dated May 3, 1672, and proved in Salem court, 28 : 4 : 1672, by 
the Worshipful Major William Hathorne, Capt. Walter Price 
and Hilliard Veren: "Imp r whereas it is to be under stood, as by 
the last will & testament of my father in law, frances Lawes 
deceased the house outhouses & land adjoyning &c as is ex- 
sprest in the said will will be to the use of my beloued wife while 
shee Hues & further I doe giue & bequeath unto mary my beloued 
wife that pcell of land|| caled Tuckes lott|| containing about 
fower acres inclosed & lying in the Towne, for the time of her 
life, excepting on quarter of an acre of it, which s d quarter of an 
acre to the northward corner next the highwaye I giue & be- 
queath to my Daughter Lidea Hart & to her heires lawfully 
begotten of her owne body, for euer. 

"It I giue vnto my said wife, one dozen of napkins & a board 
cloath & 6 pillow beers, which shee shall make choyce of. It 
besides the bed & furniture giuen her by her s d father, I giue & 
bequeath to her, one third p* of all my cattell and moueable 
goods & estat undisposed of heare after in this my will, that is to 
be understood when my debts are paid which my will is should 

*Seal. 



1672] RECORDS AND FILES 71 

be paid out of that p* of my estat to say my catell & moueable 
goods. 

"It I giue vnto my son, Jeremiah neale, that dwelling house 
& all the ground adjoyning, (to say that house he now liueth in) 
except one acre of the land which I giue & bequeath to John my 
son Jeremiahs son, to be possest of it when he come of age, & alsoe 
excepting that end of the house from the chimney to the west- 
ward, & the use of halfe the oarchard & of about one quarter 
of an acre of y e ground for a garden & yeard room & which my 
will is that my son John neale shall haue the free use of he keeping 
of it in repaire untill such time as my son John shall come to 
enjoy after his mothers decease y e aforesaid pcell of land caled 
Tuck lott &|| then the whole to be to my son Jeremiah || and 
alsoe, it is to be understood, that my son Jeremiah neale is to 
pay out of the said house & land, aforesaid, to my two grand- 
children, Mary & Sara neale, his two children, ten pounds each 
of them paiable at age or maried, Alsoe I giue to my son Jeremiah 
that peece of salt marsh I bought of the widdow moore & alsoe 
a peece of fresh meddow, by goodells lott soe caled. It I giue 
vnto my wife the time of her life halfe that lott of ten Acres by 
Bracketts, for her use together with the other halfe, left her by 
her father & after her decease, I giue it to my son Jeremiah to 
Injoy it wholy to himself e & his heares foreuer. 

"It I giue to my son John neale, that pcell of land caled tucks 
lott after his mothers decease, as is intimated before, excepting 
y* quarter of an acre giuen to his sister Lidea: alsoe I giue & 
bequeath to my son John neale, that ten acre lott caled Her- 
berts Lott, and my will is that my son John shall pay or cause to 
be paid, to my daughter Lideas child Lidea, when she corns of 
age or maried ten pounds out of y 6 s d Tuckes & Herberts Lott, 
& in case y 6 s d Lidea my grand child doe not suruiue tell y* time 
then to pay it to y e next of age of y e suruiuing children of my 
daughter Lidea It I giue to my son Jonathan, the one halfe 
of the twenty Acres caled Loof es lott, be it more or less : It I giue 
& bequeath to my son Jeremiah, my son Joseph & my daughter 
Lidea that fifteene acres land, caled watsons & Hales lott, to be 
equally devided betweene them, only it is to be vnderstood that 
my will is that the third p* to my daughter Lidea, is to be to her 
& [her] heirs lawfully begotten of her owne body for euer It 
I giue to my son Joseph, that Acre of salt marsh adjoyning to 
the land of John Rowden 

"It I giue to my Daughter Liddea: & to her heirs lawfully 
begotten of her owne body, the other halfe of Loof es lott soe 
caled, provided her mother, doe see cause & she cary it to her 
mother in a dutifull & penetenciall maner It I giue vnto my 
son Jeremiah neale & his son Jon: to my son John, Jonathanan, 
Joseph & daughter Lidea, that swamp caled Adameses swamp, 



72 SALEM QUARTERLY COURT [June 

to be equally devided betweene them & my will is that my 
Daughter Lideas p* is to be to her & to her heires lawfully be- 
gotten of her owne body It after all my debts are paide my 
will is & I giue & bequeath the other two thirds of my cattle & 
moueable goods & estate to be equaly devided betweene my 
hue children to say Jeremiah, John, Jonathan, Joseph & Lidea. 

"I doe desire my Loueing freinds, majo r wm. Hathorne, Cap* 
waiter price & Hilliard Veren sen r to be my ouer seers of this 
my will to whome I refer the devission of that p* of my land to 
be devided or goods, amongst my children, soe that it may be 
equall & for theire peace. Lastly I doe appoynt my beloued 
wife, & my son Jeremiah to be my executors of this my last will 
and testament." Wit: Wm. Hathorne, sr.,* Walter Price* and 
Hilliard Veren, sr.* 

Inventory of the estate of John Neale, taken 5:4: 1672, by 
Hilliard Veren* and John Pickering,* and allowed, 28 : 4 : 1672, 
upon oath of Mary, the relict: Four acres of land inclosed called 
Tuckes lot, 901i.; a dwelling house in which Jeremiah Neale 
lives with the ground adjoyning, about 5 acres, 1501i.; 3-4 of an 
acre of saltmarsh bought of widdow more, 71i. 10s.; about 3-4 
of an acre of fresh meddow by Goodells lott, soe called, 71i.; 

5 acres of land by Good: Brackett's, 101i.; 10 acres called Her- 
bert's lott, 251i.; 20 acres more or less called Loofes lott, 401i. 
15 acres called watsons & Hales lott, 351i.; an Acre more or 
less of salt marsh by John Rowden's, 101i.; about 8 acres of 
upland & swamp called Adamses swamp, 301i.; 5 cowes, 151i.; 

6 oxen & 3 steers, 391i.; 3 yearlings, 2 calves, 51L; 1 horse & 
2 mares, 31i. yf alive, 81i.; 18 ewes, & weathers & rams, llli. 4s.; 
4 swin with sucking piggs, 21i. 4s.; about 5 acres of pease upon 
ye ground & other graine, worth little by reason of the drought, 
21i.; two or three old tumbrells, slead, chaines, yoakes, plowes, 
wheele barrow & other plow tackle, 51i.; two guns, the lockes 
defective, 3 blades of swords, powder & bulletts, Hi. 10s.; salt 
meat, 20s.; bacon, 30s.; 3 hives of bees, som decayed, 10s.; 
50 Bushells Indian corne at 30d. p., 61i. 5s.; 4 Bushells pease, 
13s. 4d.; 9 Bushels mault, Hi. 16s.; dung forcks, pitchforkes, 
howes, axes, shovells & other tooles & old seithes, reap hoockes 
& other lumber, Hi. 10s.; tubbs, barrells, pailes & other lumber, 
10s.; pewter, 31i. 6s.; brass kettles & 2 candle stickes, pestle & 
morter, 31i. 4s. ; 3 old Iron potts & drippin pan, Hi. ; 3 bras scilletts, 
chafindish, brass pott, warming pan, Hi.; tin ware, old earth- 
ware, trayes & dishes, 10s.; fetters & old horse tackle, grinston, 
12s. ; 3 old spining wheeles, 7s. 6d. ; a hauck, Andirons, tongues, 
fire shovell, bellowes & spitts, 10s.; old booke & bibles, Hi.; 
6 pillow beers, a boardcloath & 1 doz. naptkins, Hi. 5s. ; 8 pr. of 
sheets, 41i. 16s.; 3 shurts, 15s.; 6 pillowbeers, 2 board cloathes, 
6 naptkins & towells, Hi. 6s.; his wearing apparell, with a hatt, 

* Autograph. 



1672] RECORDS AND FILES 73 

51i.; 4 pr. stockens, 3 pr. shooes, old, Hi.; about 201i. Cotton 
wooll, 16s.; sheepe wooll, 301i., Hi. 10s.; about 201i. of Hunney, 
14s.; 2 old wenscot & 2 smale old board chests & a box & settle, 
Hi. 10s.; 3 or 4 basketts, brush, looking glass & som small old 
things, 6s.; 3 yards carsey at 5s. p., 15s.; 12 yrds. hoame mad 
cloath, Hi. 16s.; about 20 yrds cloath at the weavers, 211. 10s.; 
about 40 yrds. at the weavers, 31i.; lOli. linen yarne, Hi.; a 
greene rugg, 18s.; reg rug, 14s.; old reel rugg, 8s.; 3 pr. of old 
blanketts, Hi. 10s.; 12 chaires, 2 stooles, 2 tables, Hi. 6s.; the 
feather beds, bolsters, sheets, blanketts, covering & appurten- 
ances, 31i. 10s. ; a flock bed, bolster, sheets, blanketts, covering 
& appurtenances, 21i. 10s.; a truckle bedstead, 21i.; curtaines 
& vallens, Hi.; cotten yarne, 4s.; 1 pr. pillowbeers, 4s.; scales 
& waites, 5s. ; a pcell of cheese, Hi. ; cash, 31i. ; a bedsteed, rope 
& matt, Hi. 5s. ; 18 cord of wood in ye woods, 9s. ; a canoe, 12s. ; 
400 of board, i6s.; oweing to the estate, 251i. 12s. 3d.; total, 
59311. 14s. 7d. Estate debtor, 1211i. 14s. Id. Added to the 
inventory, barn apprized by Mr. Bartholmew Gedney & John 
Pickering, 231i. 

Inventory of the goods or clothes found, May 30, 1672, on 
board the ketch Eliza and Marah, when they were at sea, be- 
longing to William Casely, deceased, of Cockwood in Devonsheire, 
said Casely dying when they were about seven days from New 
England, appraised by Nathaniell Pickman* and Zebulon Hill,* 
and sworn to by Mr. Abraham Bartholmew, administrator, 28: 
4 : 1672, in Salem court: One Bible, 4s.; Mr. Smiths booke 
of y e great assiz., Is.; 1 booke ye voice of the rod, Is. 4d.; 1 
Ditto Mr. Baxters Call to ye, u[n]co[nverted] 6d. ; 3 old Coattes, Hi. ; 
2 pr. of Bretches, Hi. 2s. ; 2 pr. of Drawrs, 14s. ; 3 pr. of stockens, 
6s.; 3 pr. of Gloves, 3s.; 3 Wastecoates, 8s.; 1 dublet, 5s.; 2 
old Coates & 3 pr. old britches, 4s.; 3 shurtts, 12s.; 2 Capes, 
6s.; 1 pr. of wosted stockens, 3s. 6d.; 1 Speckled neckcloth, 
Is. 6d.; 1 Cod Line and Lead, 3s.; 1 Mackll. line & Lead, Is. 
6d.; 1 Coate & Britches, 2 pr. of stocks & mittinges, Hi. 6s.; 
1 pr. of blewling Britches & 1 pr. ot blew Drawers, 9s.; 1 feltt 
hatt, 3s.; 1 Sml. loocken Glass, 9s.; 1 thousd. of pines, 10d.; 
1 Rasur & pr. of sisurs & halfe of a hone, 2s.; 23 duz. of pypes, 
5s.; 1 bl. helfd Knife, 4d.; 4 duz. of Cod hookes, 8s.; 9 skn. of 
snud thrid, Is.; 8 C. of sparrables, Is ; Cash, 2s. 6d.; 1 pr. of 
fishing bootes, 12s.; 1 pr. of shoes, 5s.; 1 hatchet & old hamer, 
2s. ; 2 Gimletts, 2d. ; 1 Gun & lock, 10s. ; a barrell, 2s. ; 1 ps. of 
Leather to mend shooes wth., Is. 4d.; total, lOli. 8s. 3d. Said 
Calely debtor to Mr. Abra. Bartholmew for his owne & boyes 
passaioge, 131i. 6s. 

Inventory of the estate of John Wilkins, of Saylem, deceased, 
taken by Nathaniell Putman* and John Putman,* and sworn 
to by Mary, the relict, 26 : 4 : 1672, at Salem, court who was 

* Autograph. 



74 SALEM QUARTERLY COURT [June 

appointed administratrix, and ordered to pay the children Eliza- 
beth, John, Mary and Abygale, 10s. each at age or marriage: 
Three cowse, lOli. 10s.; 1 Steare, 21i. ; 2 yearlings, 21i. 10s.; 2 
Calves, Hi.; 11 Swine, 41i. 5s.; 1 Horse, 51i.; 1 mare, 21i.; Indian 
Corn upon ye ground, Hi. 10s.; The hulef of a house, 81i. 10s.; 
In Iron ware, 31i. ; woodden weare, 6s.; Puter, 10s.; Brase, 
10s.; Pisstoles, Holsters, sord & belt, 211. ; Bedding, 41i. ; wearing 
clothes, 31i.; total, 501i. lis. 

Will of Daniel King, sr.* of Swampscot, dated 7 : 12 : 1671, 
and allowed at Salem court, 26 : 4 : 1672, upon oath of the 
witnesses, Richard Walkerf and William Cowdry:f "firste I 
giue vnto My Sonn Daniel Kinge The house And Land whear 
hee Now dweles: the Boundes of w c h Land is Bounded from the 
sea & soe alonge By Beauer Brooke as it tis allredy Layd oute 
& Marked vntill you Come to the heighwaye that goes to Mar- 
bellhead that now is & as itt was Layd out By a Comittee And 
soe alonge the heigh waye till you Come to A popel tree that is 
one the weste side of the heigh waye that groes forked, And from 
thence westerly to The Chessnut Tre Vppon a straighte Line and 
soe uppon that Line to Linn Common, and then alonge by Linn 
Common vntill you Com vnto the Land of Ralph Kinge, and soe 
to Runn all alonge By his Line south easte till you Come to the 
sea Further more I giue vnto My sonn Daniell kinge Tenn Ackers 
of salte Marshe in the Towne Marsh Below Allen Breades Land 
Juner, And Lying one the westerly sid of the Meddow of Ralph 
Kinge as itt is alredy deuided Bee itt More or Less The sayd 
Daniel Kinge paying j^early to Mee and to My wife soe Longe as 
wee Boath shall Hue Tenn pound a year yearly in Moni or in 
sutch thinges as wee shall Acepte of 

"secondly I giue vnto My Daughter Hannah Blaner And to her 
heires for euer The farme That is Called Darnels farme, And is 
thus Bounded one Salem & Marbell head one the Northeaste, 
and soe alonge the Line westerly vntill it takes the Line Agaynste 
the Chesnut Tree & soe to Runn vppon a south easte Line to the 
Chesnut Tree, And soe alonge the same Line soe many Rodes as 
itt is one the westerly end at Linn Line And from Thence To Runn 
easterly to the Lower Corner of the feild Nexte to Marbell head 
heighwaye And My will is That My sonn Blaner shale paye to 
Mee & to My wife Tenn pound A year yearly in Monie or in 
sutch paye as wee shall Acepte of soe Longe as wee Boath shall 
Liue 

"Thirdly I doe giue vnto My Daughter Elizabeth Redden and 
To her heires for euer all That Tracte of Land That Leyeth 
Beetwen the Land that I haue giuen vnto My Sonn Daniel Kinge 
and the Land That I haue giuen to My Daughter Hannah Blaner, 
which Land Boundes vppon Marbell head land puided that my 
Sonn Ridden doath Acquit Mee of all debts & demandes from the 

* Autograph and seal. t Autograph. 



1672] RECORDS AND FILES 75 

Begining of the world vnto this day, although I doe not know 
I ow him anything 

"forthly I doe giue vnto My daughter Sarah Nedom and to 
her heires for euer, the Land that is Caled smithes hill as the 
old fence went in smiths Time puided that My sonn Nedom 
fence it In By ittself with a stone wale And to make a bridg 
ouer to the Land Further More I doe giue vnto My daughter 
Sarah Nedom and to her heires that sixty Ackers of Land that 
lies at the head of Ducke pond & is Bounded one the weste with 
the Rockes one the North with Ma s humferies farme & one the 
east with Salem Boundes, And vpon the Consideration My sonn 
Nedom shale giue to Mee & My wife soe Longe as we Liue hue 
pound A year yearly in Moni or in that that we shale except of 
Further I doe hear make my Deare & Louing wife Elizebeth my 
Full & soil excecutrix of this my will. 

"Further More I doe giue vnto My Daughter elizabeth Red- 
den And to her heires for euer six Ackers of salt Marshe in the 
Town Marsh be it More or Less and is Bounded one the west 
with the Meddow of Ma s Cobbett And one the south with the 
medd of Henery Collines and one the easte with the meddow of 
Robart Driuer And one the North with the Medow of John Witt 
and William Craffe. Further More I giue vnto My daughter 
Hannah Blanner & to her heires for euer Three Ackers of Med- 
dow More or less in the Towne Marsh & is Bounded one the 
west with the Meddow of Nathaniell Cartland & on the North 
with the Meddow of Nathaniel Cartland & one the easte with 
the Meddow of Theofilus Bayles & one the south By a Creeke." 

Inventory of the estate of Mr. Daniell Kinge of Linn, who died 
May 28, 1672, taken by Richard Walker* and William Cowdrey,* 
and allowed upon oath of the widow, 26 : 4 : 1672, in Salem 
court: A house And Two hundered Ackers of Land with the 
fencing, 52011. ; Tenn Ackers of salte marsh, 801i.; one house 
more And 120 Ackers, And a Barne & Three Ackers of Salte 
Marsh, 300H.; 100 Ackers of land with 6 Ackers of salte 
Marsh, 3301i. ; 8 Ackers and 60 ackers of Land up in the woods, 
1401L; six old horses & one Two year old horse, 221i.; Four 
Coltes, 41i. 10s.; 6 oxen, 341i.; 4 Cowes, 1611. ; one heifer of Two 
year old & one yearling & a wenninge Calfe, 51i. 5s.; 4 sheep, 
Two Lambes, 21i. 10s.; 3 swine and 8 Pigges, 31i. 10s.; 4 fether, 
Beades & 4 Boulsters, 1311.; A flock Bead & fether Boulster, 
21i.; 4 Ruggs & 4 Blanckets & 4 fether pillowes, 611.; To heigh 
Bead steeds & Two Trundell bead steads, 21i. 10s.; 2 payer of 
Cortaynes and valiants, 21i.; 5 payer of flaxen sheets, 511. ; one 
payer of hollen sheets, Hi. 10s.; a payer of fine sheets, Hi. 5s.; 
Two dozen Napkins, 211.; 2 fine Tabell Clothes, Hi.; 5 pillow 
Beeres & a Cubbord Cloth, Hi. os.; 2 fine Toweles, 6s.; 2 Course 
Tabel Clothes & 2 pillow Beeres, 12s.; 5 Napkins, 7s. 6d.; To 

* Autograph. 



76 SALEM QUARTERLY COURT [June 

Trunkes & 2 Chestes, Hi. 6s.; 2 Coverlides, Hi. 6s.; Tabell & 
Carpet & 4 Joynd stooles, Hi. 18s.; fower Chaires and Three 
Cushines, Hi. 8s.; one Cosslet, Hi. 10s.; Bead steed, 16s.; 4 
yards of Bayes, Hi. 2s. 6d. ; A Coper kettell and a Brass pan and 
a Iron Pott, 21L; 2 payer of Trameles & a lettel posnet, 7s. 6d.; 
payer of Tonges & a fier pan & a spitt, 5s.; Iron ketel & Iron 
skilet and two payer of pott hookes, 15s.; Tenn putor dishes 
& a quarte pott and a pinte pott, Two salte sellers, one Basson, 
2 Sassors, one Chamber pott, 21i. 10s.; two Tinn puding panes, 
3s.; 2 Brass Candelstikes, and two spring wheles, 18s.; Beare 
Vessell and Brewing vessel and other drey Caske with A Cheese 
press, Hi. 14s.; A Littell Tabell & Two Littell stooles, 6s.; 
Twelve pound of sheeps wool, 12s.; A Cutlash and old Iron, 
15s.; Bookes, Hi.; payer of stilyards, 16s.; 2 smale Peeses of 
Plate and 2 silver spones, Hi. 15s.; Three smale drest skines, 
10s.; waring apparell, 81i. 6s.; total, l,5281i. 9s. 6d. 

Summons, dated May 29, 1672, to John Gillow of Lyn, pre- 
sented for selling cider by retail contrary to law, and to wit- 
nesses, Tho. Beale and Benjamin Chadwell, signed by Hilliard 
Veren,* clericus. 

Venire, dated May 29, 1672, William Croft, Andrew Mans- 
felld, Robertt Potter and John Newall, jr., being returned, 
for Lyn trial jurymen, and Crispus Brewor and Thomas Ivory, 
were returned for Lyn constables, by Samuell Hart,* and Sam- 
uell Johnson,* constables of Lin. 

Venire, dated May 29, 1672, to the constable of Marblehead. 
for trial jury man and grand jury man, signed by Hilliard Veren,* 
cleric, and the names of Mr. John Devorox ior trial juryman and 
William Carter for grand juryman, were returned. Also sum- 
mons to George Bagwell, Robert Pike and William Carter, upon 
their presentments, but said Bagwell had gone out of the town. 

Warrant, dated May 29, 1672, to the selectmen of Topsfeild 
to answer a presentment for a defect in a highway on the north- 
west of a river near the house of William Towne, signed by Hill- 
iard Veren,* cleric, and served by John Hovey,* constable of 
Topsfield. 

Venire, dated June 3, 1672, for trial juryman and grand 
juryman for Gloster, signed by Hilliard Veren,* cleric, and 
returned by Thomas Millett,* constable of Gloster, who gave 
in the names of Edward Haridine for the jury of trials and 
William Vinsen, for the grand jury. Also summons to Samuel 
Elwell and Joseph Elwell, and to the selectmen of Gloster 
for defect in a bridge over the gut, with Clement Coldum and 
William Vinson, as witnesses. The constable's return showed 
that the Elwells had been before the Worshipful Mr. Simons, 
and as to the bridge, there was a good bridge to which the grand 
juryman could testify. 

* Autograph. 



1672] RECORDS AND FILES 77 

Venire, dated May 29, 1672, for trial juryman and grand 
juryman for Beverly, signed by Hilliard Veren,* cleric, and no 
return made. Also summons to John Trask and Florence, his 
wife, to answer a presentment for fornication before marriag. 

Writ: Mr. William Brown, jr. v. John Smith of Charlestowne ; 
slander; dated May 14, 1672; signed by Hilliard Veren,* for 
the court; and served by Hen. Skery,* marshal of Salem. Bond 
of John Smith,* Thorn. Eleredg* and Ed. Pacy. 

John Smith* of Charles-towne acknowledged that he had 
"by severall speeches uttered at severall times, as alsoe by a 
letter written by myselfe, abused m r Will™ Browne Jim. of Salem 
casting a false aspersion upon his good name and reputation 
in saying that he had taken a false oath, and other words to that 
effect: I the sd John Smith doe retract and recant the sd. words, 
and am heartily sorry that I haue soe falsely spoken, being I 
had noe cause for it, and therefore pray m r Browne that he would 
passe it by, and forgett itt: and I doe promise that hereafter 
I shall att all times, endeavor to vindicate and cleare his creditt 
and reputation in what I may." 

Writ: Timothy Roberts v. Mr. Richard Hollinworth; debt; 
dated June 18, 1672; signed by Moses Mavericke,* for the court; 
and served by Samll. Morgan,* constable of Marblehead, by 
attachment of defendant's land in Marblehead. 

Writ: Roberd Potter v. John Hawthorn; slander; dated 
June 19, 1672; signed by John Fuller,* for the court; and served 
by Samuell Hartt,* constable of Lin, by attachment of cattle 
of defendant. 

Writ: Joseph Armitage v. Alse Thomas, wife of the late Evan 
Thomas; for building her a wharf at several times and a frame 
for a house, which amounts to nearly lOOli.; signed by John 
Fuller,* for the court; and served by Samuell Hartt,* constable 
of Lin. 

Writ: John Hawthorn v. Antony Crossbe; debt; dated June 
10, 1672; signed by John Fuller,* for the court; and served 
by Robert Lord,* marshal of Ipswich. 

Writ : Francis Wainwright v. Mr. Henry Leonard ; debt ; dated 
June 8, 1672; signed by Robert Lord,* for the court; and served 
by Robert Lord,* marshal of Ipswich, by attachment of fifty 
bars of iron. 

Writ: Samuell Gidding v. Edmond Marshall, Benjamin Mar- 
shall, Isaack Fellows and John Gidding; for refusing to account 
for money he laid out about building a vessel, in which each 
man had a fifth part; signed by Robert Lord,* for the court, 
and served by Robert Lord,* marshal of Ipswich. Bond of 
Edmond Marshall,* Benjamin Marshall* and Thomas Bishop.* 

Summons to a writ,t dated Nov. 22, 1671, for the appearance 

* Autograph, f This is the first summons to a writ noticed in these records. 



78 SALEM QUARTERLY COURT [June 

of Edward Richard upon complaint of John Gifford for debt, 
signed by John Fuller,* for the court. 

Writ: Wm. Hayward v. Thomas Baker; debt in bar iron; 
dated June 15, 1672; signed by Robert Lord,* for the court; 
and served by Robert Lord,* marshal of Ipswich. 

Writ: Margret Bishop, executrix of the will of Thomas Bishop, 
late of Ipswich v. Richard Saltonstall, Esq.; for refusing to 
deliver a bond of 2,0001i. ; dated Mar. 30, 1672; signed by Jonath. 
Negus,* for the court; and served by John Wing,* constable of 
Boston. Bond of R rd Saltonstall* of Boston, Daniel Gookin* 
(also Gogins) of Cambredg and Thomas Danforth* of Cambredg. 
Also another action, for refusing to pay 201i. which he engaged 
to pay plaintiff for wheels for his water mills at Ipswich. 

Petition, dated Topsfield, June 26, 1672, from Jeremiah Hub- 
bard, to the Salem court: 

"Honoured and Worp u 

"These few lines (after due service p r sented, and yo r favour 
craved for my boldnes in this addresse) Are to declare That 
all former applications to yo r worps. notwithstanding I am 
yet forced to informe you that Little or nothing is effected as 
to payment of my honest dues and debts for my labours in the 
worke of the Lord at Bass Riv r now Beverly, allthough I haue 
weighted long, yea eight years are allmost elapsed. Those people 
have had my Accompts once & againe, & A copie of the princi- 
pall or originall Rates attested some of them by Authority. 

"My humble request is that however at the long runn I may 
not every way be a Loser. But that yo r worships in yo r wis- 
dom would pleas to finde out an effectuall way that in love and 
pease I may have my owne at last; I leave the matter to the 
worp 11 Courts judicious consideration: & ever desireing the lord 
to be amongst you. I subscribe myselfe 

"Yo r Humble Serv* 

"Jeremiah Hubbard.*" 

Copy of the inventory of the estate of Edmond Nicholson, 
taken from the Salem court records, 28 : 9 : 1660, by Hilliard 
Veren,* cleric. 

Approbation of the selectmen of Lyn, dated 24 : 4 : 1672, for 
Theophilus Bayly's renewal of a license to sell strong liquors, 
"wee neither knowinge nor hearinge any miscarrage by him," 
signed by Thomas Laughton,* Thomas Marshall,* John Fuller,* 
Mathew Farington,* Thomas Farer,* Thomas Newhall* and 
John Burrill,* selectmen. 

Summons, dated May 29, 1672, for the appearance of Robert 
Cross, jr., upon his presentment for being much in drink at 
Gloster in September last, also for disturbance and striking blows 
at Gloster, signed by Hilliard Veren,* cleric, and served by The- 
ophilus Wilson,* constable of Ipswich. 

* Autograph. 



1672] records and files 79 

Court held at Ipswich, Sept. 24, 1672. 

Judges: Mr. Samuell Symonds, Major Genrll. Denison and 
Major Wm. Hathorne. 

Grand jury: Mr. Ezekiell Rogers, Wm. Fellows, John Dane, 
James How, Robert Day, John Andrews, Corpll. Jo. Whipple, 
Anthony Morse, Richard Pettingall, Joseph Pyke, James Bayley, 
Lenard Harriman, Abr. Redington, John French and Tho. Far- 
nam. 

Jury of trials: Cornet Jo. Whipple, Ens. Tho. French, Nath. 
Wells, Nath. Rus, Sam. Hunt, Steephen Greenleafe, John Emery, 
Wm. Morse, James Barker, Jo. Johnson Jo. Dressor and Fran. 
Pabody. 

Daniell Davison v. Samuell Lomas. Trespass. Upon a 
replevin for illegally impounding his cattle. Verdict for plaintiff.* 

Quartermaster Jo. Perkings v. Usuall Wardell. Trespass. 
Withdrawn. 

Capt. Paul White v. Robert Joanes. Debt. Verdict for 
plaintiff.t 

*Writ of replevin, dated Sept. 16, 1672, signed by Robert 
Lord,! for the court, and served by Robert Lord,! marshal of 
Ipswich. 

Daniell Davison's bill of cost, Hi. 13s. lOd. 

Corporall Whipple and Richard Walker deposed that being 
chosen by Daniel Davison to view a piece of fence of Samuel 
Lumases, they found it insufficient, being not two feet high. 
Sworn in court. 

Isak Swaine, aged about forty-six years, deposed that about 
the time the damage was done in Lumos' corn, his master sent 
him on an errand to Lumos, who asked deponent if he had seen 
cattle in his corn. Deponent told him that there had been a 
bullock, which went in through the fence, and if he would mend 
his fence next Monday, his master would lend him his oxen. 
He replied that if his corn were all lost, he could not come then 
because " my hay Lyeth upon the stroy." Sworn in court. 

Robert Colburne, aged about sixty-five years, deposed. Sworn 
in court. 

John Deane, Richard Walker and Wiliam Knoulton deposed. 
Sworn in court. 

fWrit, dated Sept. 18, 1672, signed by Anthony Somerby,! 
for the court, and served by Robert Lord,t marshal of Ipswich. 

Capt. White's bill of cost, Hi. 4s. 2d. 

X Autograph. 



80 IPSWICH QUARTERLY COURT [Sept. 

Evan Morice v. Ens. John Gould. Battery. Withdrawn. 

Tho. Longhorne and Abraham Haseltine v. Mr. Anthony 
Crosbie. Verdict for defendant. * 

Mr. Antony Crosbie v. John Tod. Review of a case tried at 
Ipswich, Sept. 25, 1666, for forfeiture of a bond of 3001i. Verdict 

Letter of attorney, dated Sept. 24, 1672, given by Paul (his 
mark) Whitej of Newbury, merchant, to Wm. Chandler of New- 
bury. Wit: Thomas WoodbridgeJ and Ann Price.i 

Copy of the account between Robt. Jones and Paul White, 
dated Oct. 25, 1669, by which Jones agreed to pay White, 61i. 
3s. Id. in boards and plank. Wit: Wm. Chandler and Richard 
Currier. On Feb. 4, 1670, received of Wm. Hackett in part pay, 
lli. 2s. 9d. 

* Writ : Thomas Longhorn, executor of the will of Richard 
Longhorn, and Abraham Hesseltine, who married the executrix 
to the said will v. Anthony Crosbe; for not giving sufficient title 
to lands delivered to said Richard Longhorne as security for a 
debt of 1 Hi., and alienating said land to other persons; dated 
Sept. 19, 1672; signed by Tho. Leaver, J for the court; and 
served by Jeremiah Elsworth,J constable of Rowley. 

Copy of deed, dated Feb. 14, 1665, Anthony Crosbie of Row- 
ley, conveyed to Jonathan Platts and John Acie, both of Rowley, 
for 350H., "my now dwelling house," with land adjoining, former- 
ly belonging to Mr. Henry Sands, and another lot adjoining 
Mr. Edward Carlton's; also seven acres of pasture near Satch- 
well's bridge, formerly belonging to Capt. Brigham; also six 
acres of meadow, two belonging to John Haseltine, and one 
formerly belonging to Thomas Leaver, which three acres join 
the ox pasture at the hither end, bounded by the mill river at 
one side and one end, and on the other side by marsh formerly 
belonging to Goodman Trumble; the other three acres formerly 
belonging to Mr. Sands, lying in the tract commonly called 
Mr. Dumer's farm, joining upon the marsh formerly belonging 
to Elder Reyner; together with all other lands within five miles 
of the town of Rowley. Wit: Henry Rylye and Abraham Ju- 
wit. Acknowledged and recorded Oct. 6, 1666, before Samuell 
Symonds. Copy made, Sept. 23, 1672, by Robert Lord,J recorder. 

Bond, dated Nov. 20, 1661, Anthony Crosbie§ of Rowley 
to Richard Longhorne of Rowley, for llli. to be paid this Novem- 
ber, but if not paid, said Longhorne was to have an acre and three 
quarters of plowing land lying within the field, and adjoining- 
land of John Johnson, now in Longhorne's possession, together 
with 5s. for the yearly rate, the whole for the year being 15s. 
Wit: Anthony AustinJ and Elizabeth (her mark) Longhorn. 

t Seal. t Autograph. § Autograph and seal. 



1672] RECORDS AND FILES 81 

for defendant. Plaintiff craved the moderation of the bond. 
Court ordered that if said Crosbie conveyed his land in Rowley 
called the Articles land and procured a release from John Acie 
and Jonathan Platts to said Tod, also of his wife, Mrs. Prudence 
Crosbie's dower, the bond should be moderated to 2001i. If 
his wife's release could not be obtained, it was to be moderated 
to 2401i. And since Tod had obtained a judgment and execution 
for 3001L, court ordered that when said Crosbie should perform 
the foregoing, Tod should return to said Crosbie in good pay 
either 100H. or 601i. according as Mr. Crosbie should fulfill and 
perform the abovesaid premises.* 

*Writ, dated Sept, 19, 1672, signed by Robert Lord.f for the 
court, and served by Jeremiah Elsworth,f constable of Rowley. 

Copy of papers in this action brought in Ipswich court, Mar. 
27, 1666 and Sept. 25, 1666, made by Robert Lord,f cleric. 

John Tod's bill of cost, 13s. 6d. 

Letter, dated Aug. 30, 1672, from Anthony Crosbief to John 
Tod: 

"Marchant Tod I do herebie put you in mind of what you 
promised Before Major Pike this summer which was you would 
refer the diffrence betwixt us to indifferent men. if you intend 
any such thinge I am as I was then and longe before not only 
willinge but uery Desirus to refer all greuances and differences 
to any honest understanding men : and further to shew how un- 
willing I am of any further proceding in law; I will leaue it to you 
to chuse two or foure able understanding men of good report to 
end all differences betwixt us: I cannot offer moore faire then 
I now do and haue dun this foure years and moore: I accept 
against no man nor men in New England, so they be able and 
honest: But John Pickard and what they shall determine and 
award I will stand to: for assurance hereof. I will bringe two 
men of sufficient estate and credit to be bound with me in a 
thousand pound bond: you pretend Cristianitie but how it 
apeareth when no course will serve but Law I leaue it: if you 
will not accept what I now offer: pray Consider the dishoner we 
have brought to god. offence to his people, distraction to oure 
estates: distraction to ouer selues and families mispened of the 
countrys time & money which things well concidered with ouer 
owne mortalitie I think should moue and induce us both to take 
a care and course to leaue what we leaue to ouars after us to 
inioy without such Contention as we haue had for the effecting 
of which if we must go to law as I expect no other course will be 
taken by you. so longe as John Pickard is your Counselor and 
atturney pray let us go to law in a more Cristian manner by 

t Autograph. 



82 IPSWICH QUARTERLY COURT [Sept. 

bringinge the naked truth to light instead of false glosses for- 
merlie used: ouer Casses are not so intricate but that they might 
haue bene understood and determined longe before this time if 
the honest pretenses had beene intended: as was pretended for 
youar faire nourish of what you haue offered so that you might 
have youar owne you desired no moore: I know you to well to 
trust you to be Judge what is youar owne right, you euer asked 
me one hundred pounds moore then youar due. yet I alwayes 
would have left it to indifferent men to be judged as you know 
I can prove all the offers of youars was when you had all my 
estate which was not made over in youar owne hands and whear 
do you thinke I should find moore for you. execution is suffi- 
cient title, what needed I giue giue any other: why did you not 
returne me the rest when you had youar just debt assured to 
you. but did take instead of one hundred fiuetie one pounds or 
thereabouts, the hundred which you detained to this day. 
concerning the fiuety eight pounds you receuied by way of ex- 
change of lands specified in the articles and proved by testimonie 
you promised by youar husbandrie. I aprised as much to you as 
the Court determined, but|| if you thinke|| because that verdict 
was not sufficient satisfaction for youar husbandrie I do heere now 
under my hand tender to make you full satisfaction for youar 
husbandrie such as you will haue it determined by men indiffer- 
ently chosen, you choosing one or moore as you please and I as 
many if they cannot agree let them choose an umpire who they 
shall se cause: for youar charges and cost which you haue not 
taken execution out for: put me not to unnessesarie charges but 
bringe me the copie of the bils of cost from under the clarkes 
hand & I will make honest payment without moore ado: if you 
meane honestly you cannot refuse this as resonable: except 
you Resolue to put me to all the unnessesary charges you can: 
to what I haue proposed and offered in this paper I will stand 
to prouided it be acceptable before further presses. " 

Ezekiell Northend deposed that at the last meeting between 
Tod and Crosbie at Richard Longhorne's, Tod made three prop- 
ositions to Mr. Crosbie; first, to bring him a deed of the Merri- 
mack land from Kimball, second, to take Mr. Crosbie's bill and 
release the bargain of the twenty-nine acres at home, or to leave 
the whole business to Ezekiell Northern Mr. Crosbie chose the 
second, etc. Sworn in court. 

Henry Ryley and Jonathan Platts deposed that being desired 
by Mr. Crosbie after the Ipwich court of Mar., 1666, to witness 
a tender he made at Tod's house to cover the execution, Tod 
being absent, his wife refused to have anything to do with it. 
But Crosbie chose William Law and Henry Ryley to appraise 
the goods, which included cattle and a gun, who desired that 
the gun might be left in the house, but Tod's wife refused, and 



1672] RECORDS AND FILES 83 

Ens. Thomas Howlet v. Peeter Jenkins. Debt. Verdict for 
plaintiff.* 

John Comings v. Peeter Jenkins. Debt. Verdict for plain- 
tiff.f 

they laid the gun upon the great oven and put the cattle and 
horses into the yard. Sworn in court. 

Henry Rilej' deposed that Tod asked Ezekiel Northend to 
take the matter into his hand lest he lose what it had cost him 
for stubbing and other husbandry, etc. Sworn in court. 

John Todd'sJ plea against moderation of the bond of Mr. 
Crosbie: because he would accept the Merrimack land, as the 
court propounded; because he should have for the uncertainty 
of the title to the twenty-nine acres, 401i. ; because Mr. Crosbie 
had threatened him when he was still going to the lis of Shoals to 
collect and pay debts, authorizing men by fradulent deeds to carry 
the grass off the land, so that when he came with ten hands and 
three carts, he was struck and in danger "to be slaine;" because 
they were constantly plotting at the ordinary as is well known 
to many in Rowley, so that he had to secure the services of Good- 
man Pickard, which cost him 201i., and is "farr short of whatt 
he deserves for his seaven years help." He further pleads that 
if once Mr. Crosbie gets the bond moderated, he will begin to 
make new disturbances, and some in Rowley say this is but the 
beginning, for Crosbie has instruments in his hand that would 
ruin him, etc. 

*Writ: Ens. Thomas Howlet v. Peter Ginken; debt; dated 
25 : 4 : 1672; signed by John Redington,| for the court; and 
served by John Hovey,J constable of Topsfield, by attachment 
of the unburned bricks belonging to defendent, now lying at 
John Cumings' house. 

Peter Jinkins, Dr., 1672, for 22 1-4 of pork, 7s. 5d.; cheese, 
Is.; butter, Is.; hay, 6s.; malt, Is. l-2d. ; Indian corn, 5s. 4d. 
bacon, 12s. 9d.; Indian corn, Hi. Is. 4d. ; total, 21i. 17s. lid. 
William Howlet, one day's work, 2s.; William and Isack, half a 
day, 2s. ; William and Isack, one day, 4s. ; carting of wood, one 
day, 5s.; the burning of the bricks, Hi. 17s. 6d.; total, 21i. 10s. 
6d. Proved by the oath of Jo. Comings and Rich. Bates. 

fWrit, dated 29 : 4 : 1672, signed by John Redington,| for the 
court, and served by John Hovey,J constable of Topsfield. 

Peter Jenkins, Dr., to 1 bushall 1-2 Indon Corne, 4s.; 3 daj-s 
worke of Nathaniel, Is. 6d. per day, 4s. 6d. ; 4 dayes of Abraham, 
Is. per day, 4s.; Abraham, 4 days, 4s.; myselfe 3 dayes worke, 
6s.; John, 3 days work, 4s. 6d.; Thomas, 3 dayes work, 4s. 6d.; 
Nathaniel, 2 days, 3s.; 10 Load of wood, 10s.; 11 weaks diet 
of 2 men, at 4s. 6d., per weeke for a man, 21i. 4s. 6d. ; total, 51i. 19s. 

t Autograph. 



84 IPSWICH QUARTERLY COURT [Sept. 

Richard Bates v. Peeter Jenkins. Debt. Withdrawn. 

John Saffourd v. Ens. John Gould. Debt. Verdict for de- 
fendant. * 

Ens. John Gould v. Benjamin Felton. For letting his pris- 
oner go. Verdict for defendant, f 

Ens. John Gould v. Sergt. Thomas Fuller. Trespass. Verdict 
for defendant. J 

Peter Jenkins, Cr., to 22 pound 1 quarter of porke at 4d. per 
pound, 7s. 5d.; cheese, 3s.; 2 pound butter, 12d.; bushall of 
Indon Corne at 2s. 8d., Hi. Is. 4d.; 25 pound of bakon at 6d. 
per, 12s. 6d.; total, 21i. 5s. 3d. 

Rich. Bates testified that his master Peter Jenkens lived at 
John Comings' and had his diet there. Sworn in court. 

*Writ, dated 17 : 7 : 1672, signed by John Redington,§ for 
the court, and served by John HoveyJ constable of Topsfield, 
by attachment of a new frame of a barn standing on the south 
side of defendant's yard within his fence. 

James Hanscombe deposed that Jno. Saford several times 
desired to have credit upon Mr. Lenoard's book, but on 4 : 5: 
1672, by order of deponent's master, Henry Leonard, he gave 
him credit. Sworn in court. 

John Gould, Dr., to 6 C. of bar iron, 71i. 4s. Jno. Safford was 
at the works when the account was made. 

Thomas Andrewes deposed that he heard John Saford tell 
Ensign John Goold that he did not look to Mr. Linerd for the 
iron and took no notice of him until he paid him. John Saferd 
said he did not discharge Ensign Goold until he had received the 
iron. 

Edmond Bridgs deposed. Sworn in court. 

fWrit: Ens. John Gould v. Benjamin Felton, keeper of Salem 
prison; for letting his prisoner go; dated 16 : 7 : 1672; signed 
by John Redington,§ for the court, and served by Henry Skerry,§ 
marshal of Salem, by attachment of house of defendant. 

Edmond Bridges deposed that John Gould demanding his 
prisoner at Salem court last November could get answer only 
that he had broken prison and had run away. Also that the 
keeper of Salem prison had often been known to take prisoners 
out of the prison to help him about his own occasions, and some 
times men have run away in the meantime. Sworn in court. 

t Writ: Ens. John Gould v. Sergt. Fuller; trespass; for felling 
trees upon his land; dated 16 : 7 : 1672; signed by John Reding- 
ton,§ for the court; and served by Henry Skerry,§ marshal of 
Salem. Bond of Thomas Fuller,§ Nathanell Putnam,§ surety. 

Copy of the record of the General Court of May 23, 1666: 
Thomas Howlet and John Gage, having been appointed to lay 

§ Autograph. 



1672] RECORDS AND FILES 85 

Thomas Newman v. Nathaniell Tredwell. Slander. Withdrawn. 

out and measure to Zacheus Gold the 300 acres of land granted 
to Capt. Patrick formerly, did so about a year since. One 
hundred and thirty acres of this tract was bounded on the north- 
west by the Andiver line, on the northeast by Rowly line, on 
the southeast by the land of Zacheus Gold, and on the other 
end by land of Major Generall Denison, said land lying in a 
circular form. There being no more land in that place to dis- 
pose of, they laid out 170 acres more in a free place to make up 
the complement, which was bounded by land of Hon. Richard 
Bellingham, Esq., on the north, land of Major Generall Denison 
on the east, on the south and west by the country land. The 
measurements were on the line next the Major's barn, 240 rods, 
the other line parallel, 160 rods, and each of the other two lines 
being 140 rods. Copy made by Edward Rawson,* secretary. 

John Browne, aged thirty-eight years, deposed that the tract 
of land given to Nathaniel Wallker by the town of Redding, 
lately in the possession of Shuball Walker, was sold to Thomas 
Fuller, and that the land lay within Redding two mile grant. 
Sworn, Sept. 23, 1672, before Nicholas Browne,* William Cow- 
drey* and Jonathan Poole,* commissioners of Redding. 

Hananiah Parker, aged thirty-four years, deposed the same. 

Jonathan Knight deposed. Sworn in court. 

John Gage* deposed, at Merrimack, Sept. 28, 1672, that he 
and his brother Howlet laid out 170 acres at Wills hill to John 
Gold, he informing them it was country land. 

Copy of the records of the General Court, dated May 23, 
1666, made by Edw. Rawson,* recorder: whereas the court for- 
merly granted to Reading a tract of land two miles long, between 
their grant of four miles, and Mr. Bellingham's farm and the 
great river, and also ordered them to have it laid out, accordingly 
Elisha Hutchinson laid it out for Reading, as follows: Running 
from a pine tree A north by the compass 600 rods, joining to the 
town of Reading's land, to B to the top of a rocky hill and from 
B east 268 rods to an oak tree at C marked RB and joins to 
Andover land and from C south southeast 8 degrees 30 minutes 
east 576 rod, the lines joining upon the Governor's farm to a 
black oak tree at D marked RB and this land joins upon Mr. 
Bellingham's farm; the fourth line runs from DEBN 236 rods 
to a walnut tree at E and joins also upon Mr. Bellingham's farm; 
the fifth line from E southeast and by south 204 rods to a black 
oak in Salem line at F which line joins upon the farm of Thomas 
Fuller; the sixth line runs from F west southwest 2 degrees south 
420 rods to a black oak at G, the which lines are Salem bounds; 
the seventh line from G west by North 7 degrees north 568 
rods to a pine tree at A along the river side. 

* Autograph. 



86 IPSWICH QUARTERLY COURT [Sept. 

Mr. Robert Paine v. Richard Bartlet. Debt. Verdict for 
plaintiff.* 

Selectmen of Rowley, in behalf of the town v. Mr. Phillip 
Nellson. Trespass. For claiming a parcel of salt marsh. Ver- 
dict for defendant. f 

* Writ, dated Sept. 16, 1672, signed by Robert Lord,t for the 
court, and served by Robert Lord,| marshal of Ipswich, by 
attachment of house and land of defendant. 

Bond, dated June 8, 1671, from Richard Bartleti of Nubrey to 
Robert Payne, sr., for 41i., to be paid in barley. Wit: John 
Payne 4 

t Writ : Selectmen of Rowley, Left. Samuel Brocklbank, 
John Pickerel, Samuel Plats, Jonathan Plats, John Grant, in 
behalf of the town v. Mr. Philip Nellson of Rowley; for claiming 
a parcel of salt marsh and thatch banks at the end of his planting 
lot against which the said lot is butted, which is near Oyster 
Point, and for violently resisting and threatening such persons 
as the said selectmen employed to cut or carry away grass that 
grew upon the same, in which action the trial of the title 
is intended; dated Sept. 18, 1672; signed by Tho. Leaver,! 
for the court; and served by Jeremiah Elsworth,J constable of 
Rowley. 

Letter of attorney, dated Sept. 24, 1672, from Philip Nellson§ 
of Rowley to his loving brother, Nehemiah Jewett of Ipswich. 
Wit: Abraham Jewit| and Ann Jewett.t 

Copy of a town order of Rowley, in 1648, taken from the town 
book by William Teney,J keeper of the book: "It is ordered 
and agreed that the prudentiall men during the time of there 
beeing; shall haue full power to order and Transact all the com- 
mon affaires of the town of Rowley as to make orders, Impose 
fines for the better managing the affaires of the aforesaid towne; 
provided that they do nothing contrary to the orders of the 
generall court provided alsoe that they dispose no land for inher- 
itance without the consent of the towne; provided also they lett 
no towne lands but for there present yeare." 

Another copy of the foregoing, made by Samuell Brockle- 
banke.J 

Copy of the record of a legal town meeting held in Rowley, 
Jan. 30, 1671, made by William Teney,J keeper of the book, that 
all orders to be legal must be read by the selectmen from year to 
year, and although they be written in the book they shall not 
be of force unless read. 

Copy from the town book of land records, taken by Samuell 
Brocklebanke :J "laid out To Sebastin Brigham fourteene acres 
of upland Lying next to the warehouse fence the one end buting 

% Autograph. § Autograph and seal. 



1672] RECORDS AND FILES 87 

Mr. John Higginson v. Richard Lee. Forfeiture of a bond. 
Withdrawn. 

upon the path leading to Newbery, the other upon the salt 
marsh. 

" To Thomas Barker fifteene acres of upland Lying upon the north 
side of sebastine Brighams buting upon the abouesaid places. 

"To m r Thomas Nelson Twenty foure acres of upland Lying 
upon the North side of Thomas Barkers lot buting upon the 
abousaid places." 

Samuell Platts, sr., deposed that he had gotten thatch there 
in this cove now in controversy at any time when he had occasion, 
either for thatch or to give to his cattle and mowed it as common 
with no one man claiming it more than another. Also that 
salt marsh grew there between the thatch and the upland in 
some places two rods, and some less. Sworn in court. 

John Trumble deposed that the land in controversy had been 
accounted the town's common ever since he could remember, etc. 
Sworn in court. 

John Pickard deposed that about seventeen years ago he bought 
part of the lot of Mr. Nelson in hopes of enjoying it "as my owne 
and looked upon the Law title Liberty commons but also seing 
the Record of m r Nelsons to butt against salt marsh I thought 
that I should not obtain by the said Law I therfore adresed my 
selfe to the towne and desired them they would let me haue the 
marsh and coue against the aforesaid land for land I wanted but 
the towne was not willing to part with it but apointed men to 
make up my want and they gaue me about twelue acres for that 
which I would willingly haue accepted of the said marsh and 
thach banke for," etc. Sworn in court. 

William Boynton deposed. Sworn in court. 

Leonard Harriman deposed that he had mowed grass on that 
land and carried it away by canoe loads and set it in cocks on 
the marsh. Sworn in court. 

Danniell Wickam and John Dreser deposed that they being 
desired to go to Thomas Lambert and Mr. Nelson to see if they 
improved the thatch banks at Oyster point, they saw said Nelson 
carrying away creek thatch, and upon asking him upon what 
authority he did it, he said "what is that to you?" Jonathan 
Plats and Leonard Harriman told him that the town had given 
it to them, and Nelson said, "if any of you doe take any of it 
I will strike you with my Rake plats answered here is some polles 
let us carry away the thach m r Nelson said if any of you doe medle 
with it I will Run my forke Into you as far as the tines will let 
it goe. stand of my Land." Sworn in court. 

Henory Royley deposed. Sworn in court. 



88 IPSWICH QUARTERLY COURT [Sept. 

Thomas Bishop, assignee of Margret Bishop, executrix to 
Thomas Bishop v. Ens. John Gould. Debt. In wheat, malt or 
pork. Verdict for plaintiff.* 

Thomas Bishop's executors v. Jonathan Thing. Debt. Ver- 
dict for defendant.! 

John Leigh, assignee of Margret Bishop, executrix to Thomas 
Bishop v. Gabrill Grubb. Debt. Forfeiture of a bond. Court, 
finding that part had been paid, moderated the bond. "The 
species is fish. "J 

* Writ, dated Sept. 6, 1672, signed by Robert Lord,§ for the 
court, and served by Robert Lord,§ marshal of Ipswich. 

Bond, dated Jan. 27, 1669, John Gould of Topsfeild to Thomas 
Bishop of Ipswich, for 231i., to be paid in neat cattle, wheat, corn 
or pork, with 61L 10s. that he engaged for Edmun Bridges, jr. 
Wit: John Brownson and Mary Gilbert. On Sept. 6, 1672, 
Margret Bishop, executrix of Thomas Bishop, assigned this bond 
to her son Thomas. Wit: Samuell Bishop and Sarah Bishop. 
Court allowed this copy instead of the original, which was the 
plaintiff's book and now cancelled. 

t Writ : Thomas Bishop's executors v. Jonathan Thing; 
debt, by assignment of Roger Edwards to plaintiff; dated Sept. 6, 
1672; signed by Robert Lord,§ for the court; and served by 
Robert Lord,§ marshal of Ipswich. 

Summons, dated Sept. 6, 1672, for Jonathan Thing's appear- 
ance, signed by Robert Lord,§ for the court. 

Bond, dated Nov. 5, 1669, Roger (his mark) Edwards of Hamp- 
ton to Thomas Bishop of Ipswich, for 7,500 boards, to be de- 
livered at Exeter. Wit: Samuell Bishop§ and John Brounson.§ 

Samuell Bishop, aged about twenty-seven years, deposed that 
he saw Rogger Edwards assign this bill of Jonathan Thing's to 
deponent's father. Sworn in court. 

Copy of bond, dated Apr. 20, 1669, Jonathan (his mark) Thing 
of Exitor to Roger Edwards of Hampton, for 81i. 10s. 4d., to be 
paid in pine boards or pipestaves, to be delivered in Exetor, which 
was to satisfy Mr. Richard Oliver for a judgment from Capt. 
Walter Barefoot, etc. Wit: Abraham Drake and Joseph Davis. 
"You may take my sons Resete & I will owne it your frend Alex- 
ander Jones." Roger Edwards, on Sept. 8, 1669, assigned this 
bond to Thomas Bishop. Copy made by Robert Lord,§ cleric. 

+ Writ, dated June 26, 1672, signed by Robert Lord,§ for 
the court, and served by Joseph Lee,§ deputy for Robert Lord§, 
marshal of Ipswich, by attachment of the house and land of 
defendant. 

Bond, dated Dec. 29, 1666, Gabriell (his mark) Grubb and 

§ Autograph. 



1G72] RECORDS AND FILES 89 

Ens. John Gould acknowledged judgment to Edmond Bridges 
of Ipswich, in bar iron. 

Walter Taylour acknowledged judgment to Obadiah Bridges. 

Mr. Henry Roads was allowed costs in an action brought by 
Joseph Armitage and not prosecuted. 

Capt. Tho. Savage was allowed costs in an action brought by 
Joseph Armitage and not prosecuted. 

Andrew Peeters had his license renewed for a year to sell liquors 
by the quart out of doors, but to have none drunk in his house. 

Upon the petition of the selectmen of Lyn about the bridge, 
court appointed Maj. Wm. Hathorne and Mr. Henry Barthol- 
mew to view the same, and upon reporting what needs to be done, 
they to have it done and the county to pay the charge. 

Samuell Jacob dying intestate, court granted administration 
upon the estate to Ann, the relict, who brought in an inventory 
amounting to 3001i. clear estate. There was one child, who was 
to have lOOli. when of age, and the widow was to enjoy the rest 
of the estate, but if she married, she was to provide security for 
the child's portion. 

John Sorlah dying intestate, court granted administration 
upon the estate to Elizabeth, the relict. An inventory of 50011. 
clear estate being presented, court ordered to the widow, 16511., 
and two of the daughters having received their portions, as 
appeared by an acquittance, and seven children yet remaining, 
court ordered to the eldest son John a double portion, 841i., and 
to rest of the six 4211. each, namely, Sarah, Hanah, Martha, 
Joseph, Abigaill and Bethia, as they come of age. Upon con- 
dition that said John wait for his portion until his mother's 
death, he was to have his portion out of the homestead, and if 

Esay (also Isaiah) Odiorne,* of the Isles of Sholes to Thomas 
Bishop of Ipswich, for 2011. 13s. 3d., to be paid in cod fish fit to 
be shipped aboard at the next weighing season in June. Wit: 
Samuell Bishop* and Joseph Lee.* "It, for Carriing downe y* 
provissions, 4 8h ." Margaret Bishop,* Dec. 17, 1671, assigned 
this bond to John Leigh. Wit: Thomas Bishop* and Nathaniel 
B[ishop?].* 

Letter of attorney, dated June 25, 1672, from John Leigh* 
of Ipswich, to his brother Joseph Leigh. Wit: James (his mark) 
Sawyer and Nathaniell Browne.* Joseph Leigh testified upon 
oath in court that he demanded it. 

* Autograph. 



90 IPSWICH QUARTERLY COURT [Sept. 

he had occasion to build he was to have one acre of land next the 
highway about the place where Spaldens house stood, he fencing 
it; he was to have all the land for his whole portion as it was 
appraised in the inventory and the rest of the land to be securi- 
ty for the payment of the other children's portions. 

Philip Stainewood dying intestate, court granted administra- 
tion of the estate to Jane, the relict, and an inventory amount- 
ing to 871i. being brought in, court ordered the estate to remain 
in her hand while she remains a widow. She was not to dispose 
of any of the land and if she married, she was to acquaint the 
court that further action might be taken. 

Mr. Anthony Crosbie acknowledged judgment to Mr. John 
Hathorne. 

Mr. Jo. Giffard was allowed costs in an action brought by Mr. 
Timothy Mather and not prosecuted. 

Thomas Whitridge dying intestate, court granted adminis- 
tration upon the estate to Robert Morgan and Richard Norman, 
who were ordered to bring in an inventory. 

Mr. John Brock, John Waldren and Christopher Lattimore 
were admonished upon their presentment.* 

*Summons, dated 17 : 5 : 1672, to John Waldron, constable 
of Marblehead, for the appearance on 17 : 5 : 1672, at Mr. Ged- 
ney's, of Mr. Latemore, "for entertayning M r Brock ouerlong, 
& not clearing your house, & y e s d Brock for Long staying there, 
& for not departing being Comanded by y e Constable, & for 
drinking to much," and to summon Nicholas Willes and John 
Stacy, as witnesses, signed by Wm. Hathorne,f assistant. 

John Waldron, constable of Marblehead, deposed that he 
had often been at the house of Christopher Latemor both on 
Saturday and Lord's day nights and had found them drinking 
and sometime fighting at unseasonable times. He never knew 
said Latemore to clear his house but suffered men to drink as 
long as they pleased. Further Latemore told him "y 1 y* Con- 
stables were fooles to send ye watch to cleare any publique house 
for It is more then they could or should doe." Sworn before 
Wm. Hathorne,f assistant. 

John Waldron testified that the day John Brock made his 
complaint that he was drunk, that he was during the first part of 
the day about the town's fish, gathering it from stage to stage, 
and in the latter part he went to warn John Brock and his son 
to watch. He refused to watch and said deponent was a pitiful 

f Autograph. 



1672] RECORDS AND FILES 91 

constable to warn him, and his reason was because two or three 
of his men had watched before. Deponent asked him whether 
he would pay his town rate and he replied that he would not 
pay it to deponent. Sworn, before Wm. Hathorne,* assist- 
ant. 

John Waldron deposed that when he found John Brock, sr., 
drunk at Latemor's, he desired him to go home but with scoffing 
language at authority, went into the house. Then deponent 
went home to give the watch charge, "& presently after he came 
hombe ye watch came & did aske of him furder orders & hee 
answered y* hee must watch w th them ye first part of ye night 
himselfe & hereupon hee tooke his stafe & went w th them & 
when he came to M r Latemors house hee found Jo 11 Brock there 
againe & he said to him I see M r Brock y l yo u take no notice 
y* I had forewarned yo u & Comanded yo u to depart aboute one 
hower or two sence: hee made litle answer butt said hee would 
first take his super & went in againe Soe Christopher Latemore 
came to mee: saying Jo n Waldron I am sorry for ye for this shall 
bee ye dearest peace of worke y* euer thou wentest aboute sence 
thy mother bound thy head I told him y* It was high tyme for 
him to cleare his house. Butt M r Latemore made answer againe 
y* hee would not Butt he would keepe them there as long as hee 
pleased: w th seuerall opprobrious speaches as in reference to 
ye deriding my authority." Sworn before Wm. Hathorne,* 
assistant. 

Nicolas Willis, aged about twenty-four years, and John Stacy, 
aged about twenty-three years, deposed that being warned by 
the constable to watch, they went up to receive their charge. 
The constable told them about Mr. Brock and said that he 
thought he would better watch with them the first part of the 
night; then his wife and he had some words. Upon asking him 
for their charge, he told them to go home and go to sleep, where- 
upon they bade him good night and went out of doors. "We 
asked him if he would leaue us harmeles if we did not watch, he 
bid us stay and he would goe a little way with us (when we were 
out of doores) Then he brought out his blacke staffe with him 
& went downe to m r Latimers, giueing us o r charge as we went, 
when we Came there we saw M r Brocke there but we did not 
ap r hend him to be in drinke nor neuer saw him in drinke in our 
Hues. The Constable seeing him there told him he should goe 
to the stockes or else putt in security, m r Brocke replied hee 
would eat his supper first, but we saw no disturbance nor dis- 
order in m r Latimer's house, only there were some strangers 
there going to sea, as M r More of Bristoll & his Company but 
they were very Ciuill. Then the Constable came in to M r Lati- 
mer, & asked him if it were not time to Cleare his house. M r 
Latimer demanded of him w* aclocke it was, he said it was about 

* Autograph. 



92 IPSWICH QUARTERLY COURT [Sept. 

9. m r Lat. said I am sorry for thee John Waldron, who replied, 
Christopher Latimer be not sorry for me, be sorry for thyselfe. 
then we went away." Sworn before Wm. Hathorn,* assistant. 

James Dennes, aged about thirty years, deposed that he, 
Nathaniel Walton, Josiah Walton and Thomas Eles having 
some business with Mr. John Brock, found him in Mr. Latemore's 
porch with three strange men. He told them that as soon as 
he had finished his business with the gentlemen, he would go 
to them, so they went up into the chamber. Hearing a noise 
they went down and heard the constable ordering Brock to the 
stocks, and he commanded deponent to aid him, etc. Sworn 
before Wm. Hathorne,* assistant. 

Robart Hooper, aged about sixty years, deposed that he heard 
John Waldron ask Mr. Brock for his pay and the latter said he 
would pay him as soon as he had his account. Waldron replied 
that he would break his bones, etc. Deponent apprehended 
that the constable was disguised with drink. Sworn, before 
Wm. Hathorne,* assistant. 

Thomas Elles, aged about forty years, deposed. Sworn before 
Wm. Hathorne,* assistant. 

John Sealy and Showball Walker deposed. Sworn, 19 : 5 : 
1672, before Wm. Hathorne,* assistant. 

Mr. Benjeman Bengrian, aged about twenty-five years, de- 
posed. Sworn before Wm. Hathorne,* assistant. 

Richard Huneywell of Black Point deposed that being at 
Marblehead at a stage, weighing fish, there was one Mr. John 
Brock, sr., weigher of fish for some Jersey men. The constable 
called him "Jearse cheater," and other vile names, and Mr. 
Brock told him to go out of his stage and about his business, 
etc. Sworn before Wm. Hathorne,* assistant. 

Daniell Ela deposed. Sworn before Wm. Hathorne,* assistant. 
Nathanell Walton, aged about thirty-five years, deposed that 
Mr. Brock was not drunk. Sworn before Wm. Hathorne.* 

Mr. John Pipone, aged about twenty-one years, deposed that 
he was with Mr. Brock at Richard Read's stage when the con- 
stable came and told Mr. Brock he must watch. Mr. Brock 
replied that his men had watched the last two nights, but the 
constable said he himself and his son must watch, and Brock said 
no, that his men would watch for him, whereupon Waldron called 
him knave, cheater and French dog. The constable reeled and 
was hardly able to stand. Nicklas Besgue testified to the same. 
Sworn before Wm. Hathorne,* assistant. 

Richard Read, aged about forty years, deposed. Sworn 
before Wm. Hathorne,* assistant. 

John Beacker, aged about thirty years, deposed. Sworn 
before Wm. Hathorne,* assistant. 

* Autograph. 



1672] RECORDS AND FILES 93 

Samuell Watts was fined upon his presentment, and was or- 
dered to pay 10s. to Abraham Graves. 

Daniell Buttler, upon his presentment, was enjoined by the 
court to repair to his wife. 

Anthony Ashbie, summoned by Nath. Puttman, and not 
prosecuting, was allowed costs. 

John Kent, attaching Tho. Dixie, and not prosecuting, de- 
fendant was allowed costs. 

There was a complaint against Josiah Lynden and his wife 
for fornication before marriage. 

Frances Cole was ordered, upon her presentment, to be whipped 
and pay fees. 

Elizabeth Stanley, upon her presentment for fornication, was 
sentenced to be whipped or pay 31i. in silver. 

Marke Quilter was admonished, upon his presentment. 

Administration was granted unto Jonathan Hart of what 
estate was his father John Hart's, and of which he died pos- 
sessed and of which Thomas Whitridge was never legally 
possessed. 

Cornelious Kent dying intestate, court granted administra- 
tion of the estate to Francis Wainwright and Samuell Yonglove, 
who was to pay debts according to the inventory. 

John Sparkes had his license renewed for a year. 

Quartermaster Perkins had his license renewed for a year, also 
his license to draw liquors. 

Jonathan Moore, being employed by the court to seek John 
Hobbs, was allowed 4s. 

Daniell Clarke was released from training, paying 5s. a year 
to the use of the company. 

Thomas Smith was released henceforth from training, without 
pay. 

John Browne, sr., was released from training, paying 5s. a 
3^ear to the use of the company. 

Given to the house, 6s. 8d. 

Richard Currier acknowledged judgment to Samuell Lord, 
Sept. 30, 1672, before Mr. Samuell Symonds and Major Genrll. 
Daniell Denison. 

Copy of will of Margrett Lake of Ipswich "in americka in the 
shire of Essex," widow, dated Aug. 30, 1672, and allowed upon 



94 IPSWICH QUARTERLY COURT [Sept. 

oath of the witnesses, Thomas Knowlton, sr., and James Chute, 
in Ipswich court: To daughter Hanah Gallop and her children 
all her land at New London, her best gown, red cloth petticoat 
and enamelled ring, and after her daughter's decease, her grand- 
daughter Hanah Gallop to have the said ring; to granddaughter 
Hanah Gallop, a pair of sheets and one of her best pewter platters ; 
to daughter Martha Harris her tapestry coverlet and wearing 
apparel, and her mantle, the tapestry to go to her grandson 
Thomas Harris after her daughter's Martha's decease, and he 
dying without issue to his brother John; to daughter Martha, 
her gold ring, and after Martha's decease to the testator's grand- 
daughter Martha Harris, and bedding; to granddaughter Eliza- 
beth Harris, one heifer at cousin Eppes; to granddaughter Mar- 
grett Harris, her carved box and table linen; her household stuff 
to be divided among her daughter Harris' children; to son 
Thomas Harris, all the rest of her estate, her part of the vessel, 
her bible excepted, which she gave to her grandson John Harris, 
also a pair of fringed gloves; son Thomas Harris and daughter 
Martha Harris, executors. [Original on file in the Registry of 
Probate.] 

Inventory of the estate of Mrs. Margaret Lake of Ipswich, 
taken, Dec. 24, 1672, by John Dane, Thomas Knowlton and 
John Lighton, and allowed in Ipswich court: land, household 
furnishings, wearing apparel, baking pan, ewer, pastie plate, 
three carved boxes, bedding, her wedding shift, samplars, debts 
due Mathew Perry, William Quarles, Mr. Eppes, Joseph Lee; 
total, 14211. 7s.; debts owing to Merchant Wainwright and Dea- 
con Goodhue. [Original on file in the Registry of Probate.] 

Inventory of the estate of John Soolart, made 7:6: 1672, 
by Nathaniel Putman and Thomas Fiske, and allowed in Ipswich 
court, upon oath of Elizabeth, the widow, who was administra- 
trix: houses and land, land joining Richard Kimball's, land at 
Lord's hill, at Thomdick meadow, at the neck, land bought of 
Jno. Batchiler, domestic animals, apples, tools, household uten- 
sils, etc.; total, 5811i. 13s. Debts from the estate, to Mr. Browne 
of Salem, Steephen Haskett, John Batchiler and Joseph Lovet. 
[Original on file in the Registry of Probate.] 

Inventory of the estate of Phillip Stainewood, sr., taken at 
Gloster, 8:6: 1672, by Steeven Glover, James Davis and 
Thomas Riggs, and allowed in Ipswich court upon oath of An 



1672] RECORDS AND FILES 95 

Stainewoocl : House and land, domestic animals, musket and 
sword, etc.; total 871i. [Original on file in the Registry of Pro- 
bate.] 

Inventory of the estate of Cornelious Kent, taken by Nathani- 
ell Browne and William Dirky: Domestic animals, tools, house- 
hold utensils, wearing apparel, of himself and wife, due from 
Shore Willson, musket, etc.; total, 451i. 3s. 6d. Debts due 
to Samuell Younglove, Deacon Goodhue, Goodman Selair, 
Dorcas Pittis, Deacon Knowlton, Goodmen Archer, Rosse, 
Danford, Pod, Ring, Chote, Rust, Hayward, Bennett, Dane, 
Sawyer, Mr. Newman, Wainwright, Mr. Willson, Sergt. Clark, 
Breever Clarke. [Original on file in the Registry of Probate.] 

Benjamin Gage dying intestate, administration of the estate 
was granted by Mr. Samuell Symonds and Major Genrll. Daniell 
Denison, Nov. 14, 1672, to Prudence, the relict, who was ordered 
to bring in an inventory to the next Ipswich court. Thomas 
Leavour was her surety. 

Inventory of the estate of Mr. Samuell Jacob, late of Ipswich, 
appraised, July 3, 1672, by John Appleton, Samuell Appleton 
and John Whipple, and allowed upon oath of An, the widow: 
Goods in the hall, parlor, little parlor, parlor chamber, hall cham- 
ber, little parlor chamber, brew house, buttery and cellar; fur- 
niture, alchemy spoons, brass knives, fowling piece, musket, case 
of pistols and holsters, shredding knive with scewers, plate, 
clock, carpets, folded screen, a limbeck top and bottom, house- 
hold furnishings, teer flax and a hair line, wearing apparel, cheny 
dishes, mocado ends, pin cushion, sweet bags, two yards of mo- 
lacy, domestic animals, tools, etc.; total, 3561L 10s. 6d. Due 
from Mr. John Paine of Boston. [Original on file in the Regis- 
try of Probate.] 

Will of Richard Jacob of Ipswich, without date, and allowed, 
5:8: 1672, before Mr. Samuell Symonds, and Major Genrll. 
Daniell Denison, upon oath of Capt. John Appleton and Left. 
Samuell Appleton: To wife Joanna, the provisions as per writing, 
dated May 3, 1669, to be carried out; to son Thomas, his eldest 
son now living, all land on the west side of the road to Boston, 
twelve acres below the sluice of his farm adjoining, six or eight 
acres bought of Henry Kemball adjoining Mr. Saltonstall's farm, 
all of which is in possession of his son Thomas, provided he pay 
to his mother-in-law, "my wife Joanna," according to agreement, 



96 IPSWICH QUARTERLY COURT [Sept. 

also 501i. to his sister Martha within a year after testator's de- 
cease if she be married, if not, to pay her 8d. per pound yearly 
until marriage or at the age of twenty-eight years, when she 
shall have liberty to demand the full sum, also Thomas to have 
the stock and apples for seven years; to son John, lOOli. within 
one year; to son Nathaniell, when of age, half the farm near 
Topsfield, next to Isaack Comings' farm, he to pay yearly stipends 
to his step-mother and sister Judeth; to son Joseph, the other 
half of the same farm, next to Goodman Hovey's, at age, he 
to pay yearly stipends to his step-mother and the executor; to 
daughter Martha Jacob, lOOli. ; to daughter Judith, lOOli. ; to 
grandchild Lidea Jacob, lOOli., and the widow of his son Samuel 
was to have half the house she lived in and necessary things for 
her support, as long as she remained unmarried; son Richard 
Jacob, executor, to whom he gave the rest of his estate; his 
brother Capt. John Appleton, brother Left. Samuell Appleton 
and his friend Mr. Richard Hubbard, overseers. Wit: John 
Appleton, Samuell Appleton and Wm. Goodhue. [Original on 
file in the Registry of Probate.] 

Inventory of the estate of Richard Jacob, appraised Oct. 4, 
1672, by John Whipple, sr. and Thomas Burnam, sr., and al- 
lowed, Oct. 5, 1672, upon oath of Richard Jacob: Household 
furnishings, furniture, 4 leather chairs, two flag chairs, wearing 
apparel, 271i. of newest pewter at 262d. per li., household uten- 
sils, domestic animals, table leaf and form, weapons, wearing 
apparel, domestic animals, tools, etc.; total, l,1261i. 9d. [Origi- 
nal on file in the Registry of Probate.] 

Edmond James dying intestate, administration upon the 
estate was granted to John Pickard and Thomas Kimball, Jan. 
23, 1672, by Mr. Samuell Symonds and Major Genrll. Denison, 
and they were ordered to bring in an inventory to the next Ips- 
wich court. 

Mr. Anthony Crosbie dying intestate, administration upon 
the estate was granted to Mrs. Prudence Crosbie, the widow, 
Feb. 20, 1672, by Mr. Samuell Symonds and Major Genrll. 
Denison, and she was ordered to bring in an inventory to the 
next Ipswich court. 

Frances Plumer of Newbury dying intestate, administration 
upon the estate was granted to his sons Samuell and Joseph, 
Feb. 20, 1672, by Mr. Samuell Symonds and Major Genrll. 



1672] RECORDS AND FILES 97 

Denison, and they were ordered to bring in an inventory to the 
next Ipswich court. 

John Hobbs and Samuell Plumer forfeited their bond for the 
appearance of said Hobbs.* 

Court held at Hampton, 8:8: 1672. 

Major Hawthorne, president. Major Pike, Cpt. Nathll. 
Saltonstall and Mr. Samll. Dalton, associates. 

Grand jury: Henry Palmer, foreman, Jno. Ilsly, Wm. Barns, 
Jno. Hutchins, Jno. Mariam, Wm. More, Jno. Clifford, Wm. 

* Petition to the court at Ipswich, Sept. 24, 1672, by John 
Whipple, jr. :f " Whereas there is one John Hobbs an inhabitant 
of Newberry, a man of uery bad fame who was presented y* 5 
last Court here, for seueral misdemeanours, w ch as yet he hath 
not answered to, and sence hath been complained of by my 
uncle Rich. Kent before y e worsh 11 Major Denison, for seuerall 
abuses to my daughter, now liuing in his house, upon y e hear- 
ing of w ch y e Major passed sentence on him as he saw good: 
but he appealing fro his judgmt, and bond taken of him to 
appeare at y e present Court, hath since declared hims: resolued 
not to appeare, but forfeit his bond, and yet still persisting to 
abuse her by many scandalous defamations, and threatening 
to haue y e blood of any person y* shal come to her under any 
pretence of loue or y e like|| w'out any colour of leaue or appro- 
bation;! | and hauing formerly offered her many personal abuses, 
hardly fitt to be named, much less tollerated by any parent, I 
thought it my duty and most direct way to make address to this 
hon rd Court for your special aduice herein, and doe humbly 
request (being uery fearful of his mischieuous intents to her 
or those related to her) y* you would please to grant me a special 
verdict to bring him before your worships to answer to such 
things, as are here or may be alleged against him." On the 
reverse, "Corp 11 Whipple his complaint." 

Sarah Whippelle, aged about fifteen years, deposed concern- 
ing John Hob's abuses. He told her that he charged his uncel 
that he shold not latt eny man keep har compani for he woold 
be y e death of him." etc. Rebeca Long deposed the same. Sworn 
in court. 

Beria Browne deposed that John Hobbs told him that he would 
be the death of any man who sought Sary Whipple in marriage 
and "gods b[l]ud I thinke you ar y e man," etc. Sworn in court. 

Henery Akers deposed that Hobbs swore that he would be 
the death of Richard Doell and Beriah Browne if he met with 
them. Sworn in court. 

t Autograph. 



9g HAMPTON QUARTERLY COURT [Oct. 

Buswell, Wm. Osgood, Wm. Fullar, Godfrey Dearborn and Wm. 
Marston, jr. 

Jury of trials: Jno. Redman, sr., foreman, Tho. Mudgett, 
Hen. Green, Jno. Foulsham, Tho. Nicolls, Samll. Foot, Samll. 
Gile, Jno. Clough, Antho. Stanian, Benjamin Shaw, Jonathan 
Thing and Daniell Ladd, sr. 

Tho. Mudgett v. Henry Langstaff. For unduly taking up 
and detaining a brown bay stone horse, branded with an S. Ver- 
dict for defendant. 

Mr. Wm. Hooke v. Jno. Eaton. For not making him satis- 
faction for several goods delivered to him and his children by 
himself and attorney, and for summering his cattle at said Hook's 
farm, also for exchange of oxen. Verdict for plaintiff. 

Henry Green, assignee of Harlakinden Symonds v. Capt. 
Walter Barefoot. Debt. To be paid in boards or staves. Ver- 
dict for defendant.* 

Henry Green and Henry Robie, attorneys for the town of 
Hampton v. Nathll. Boulter, Danniell Tilton and Jno. Hug- 
gings. Trespass. Upon Hampton commons, by breaking up 



*Edward Chambers, aged about twenty-nine years, deposed 
that on Dec. 20 last, Abraham Drake, marshal of Hampton, 
came to Kittery Poynt with an execution against Walter Bare- 
foote and Henry Greenland, for lOOli. in the suit of Harlackenden 
Simons. Greenland sent for the law book and read the law to 
the marshal and delivered to him the principal, Barefoot, whom 
deponent saw the marshal receive to his arms a prisoner. After 
service, Barefoot said he would immediately show him security 
to redeem his person and showed him the great warehouse at 
the Poynt and the land belonging with two cellars dug and walled, 
saying that all this was his and cost him 3001i., and that he had 
the deed in his pocket. This did not satisfy the marshal, but 
one Henry Greene and Lt. Sweet of Hampton being there, told 
him that Barefoot had also a house near the mill at Strawbery 
banke on which they would levy the execution; but Barefoot 
said it was not his and had nothing to do with it, upon which 
said Barefoot tendered himself as a prisoner, and said if they 
would go as far as Capt. Lockwood's, he would show him other 
land. Sworn before Elias Stileman,f commissioner and copy 
made by him. 

That a bond for Barefoot's appearance was given, was sworn 
to Oct. 5, 1672 by Mr. Jno. Groth before Elias Stileman,f com- 
missioner,' and also owned in court by Henry Green. 

§ Autograph. 



1672] RECORDS AND FILES 99 

and endeavoring to appropriate the common to themselves, it 
being upon Tayler's river near the Indian graves, westward of 
the town. Withdrawn.* 

Jno. Sinkler v. Ralfe Hall. Trespass. For pulling up his 
fence and molesting him in his planting last spring, for claiming 
his land and endeavoring to alter the title, which land lay near 
to Sinkler's house in Exeter. 

Mr. Samll. Dudley v. Edward and Charles Hilton. Debt. 
In merchantable boards. Verdict for plaintiff. Court, upon 
chancering the bond, allowed plaintiff damages to be paid in pine 
boards at Exeter. 

Daniell Ela v. Jno. Godfrey. For unjustly molesting and 
prosecuting him. Verdict for defendant. 

Mr. Jno. Gillman v. Jno. Matson. Debt. That he promised 
to satisfy in two good firelock muskets and send them to him 
before September, 1671. Defaulted. 

James Kid v. Jno. Foulsham, Peter Foulsham and Samuel 
Levit. Trespass. For conveying away pine logs which plaintiff 
had cut in the mast swamp at Exeter. Verdict for plaintiff. f 

Nathll. Boulter, attorney for Miriam King, widow of Tho. 
King v. Henry Moulton and Jona. Thing. For detaining cer- 
tain estate given her by will of her late husband. Withdrawn. 

Nathll. Boulter, assignee of Miriam King, widow v. Henry 
Moulton and Jonathan Thing. For not making good certain 
articles of agreement made with said Miriam King, concerning 
her maintenance, dated Oct. 11, 1671. Verdict for defendant. 

*The selectmen ordered Ensigne John Samborn and Tho. 
Ward to warn them against making use of the town commons, 
upon penalty of paying damages, dated June 3, 1672, and signed 
by Samll. Dalton,J for the selectmen. John Sambornt certified 
that he warned them as ordered. 

fRalph Hall, aged about fifty-three years, deposed that he 
was desired by John Foulsem, sr. and Samuel! Levitt to go with 
them into the swamp commonly called Mr. Dudly's swamp at 
Exeter to view the place where Joseph Tayelor and Johanathen 
Robison of Exeter said that James Skid came and forewarned 
them against carrying away certain logs that were cut there 
and trees felled. He found by the copy of a grant of eighty 
acres to Mr. Dudly in that swamp that the timber felled was 
near the middle of the grant. Will. Moore testified to the 
same. Sworn in court. 

X Autograph. 



100 HAMPTON QUARTERLY COURT [Oct. 

Abraham Drake v. Job Clement. For not satisfying Lewis 
Zackerias, one of the Dutch seamen belonging to the ship called 
the Sancta Maria, for his proportion of wages due from said 
ship according to promise made to the marshal and seamen 
when he sold his right in said ship. 

Jno. Severans v. Abraham Drake. Debt. Veredict for 
plaintiff. 

Mr. Henry Dearing v. Francis Thorne. Debt. For withhold- 
ing debt due in white oak pipestaves, in which he is bound with 
Arthur Bennick. Defaulted. 

Wm. Fifeild v. Jno. Bersham. For molesting him with an 
execution after agreement concerning the judgment. Plaintiff 
was engaged to pay defendant, in behalf of the town of Hampton, 
for keeping school. Verdict for defendant.* 

Robert Ring v. Nathll. Clarke. For taking away a load of 
hay from his meadow, commonly called "y 3 points," that part 
toward the lower end, over against John Gill's marsh, and laying 
claim to said marsh. Said marsh lay within the bounds of Salis- 
bury and is part of his second division. Verdict for plaintiff. 
Appealed to next Court of Assistants. Nathll. Clarke of Nu- 
berie and Nathll. Weare of Hampton were bound for said Clarke. 

Jonathan Thing v. Richard Scammon. Debt. Defendant 
acknowledged judgment to plaintiff. 

Jonathan Thing and Henry Moulton, executors of the estate 
of Thomas Kinge v. Nathll. Boulter. For not making good a 
covenant concerning the surrender of the eighth part of a saw- 
mill at Exiter, dated Oct. 27, 1661, under the hand and seal of 
said Boulter. Verdict for plaintiff. 

Edward Colcord v. Nathll. Boulter and Francis Page. Tres- 
pass. For cutting grass on plaintiff's meadow on the west side 
of the town for twelve or fourteen years, and for endeavoring to 
alter the title. Verdict for defendant.! 



*Antoney Stanian, aged about sixty-five years, deposed that 
about a month ago he heard Will. Fifeld own that he had not 
gathered up the pay due to Mr. John Bashame from the town 
of Hampton for keeping school. Abraham Drake, marshal, 
deposed the same. Sworn in court. 

fWrit, dated Oct. 3, 1672, signed by Samll. Dalton,| for the 
court, and served by Abraham Drake, J marshal of Hampton. 

% Autograph. 



1672] RECORDS AND FILES 101 

Robert Evens v. Henry Robie and Nathll. Boulter. Trespass. 
For cutting and carrying away his hay and grass from a fresh 
meadow near the beach, which he bought of Edw. Colcord. Ver- 
dict for plaintiff. Appealed to the next Court of Assistants. 
Henry Roby, Nathll. Boulter and Daniell Tilton bound. 

Georg Corlis v. Joseph Davis. For not paying 121i. and two 
days' work with a team, which said Joseph was to have paid for 
the service of the said George's son Jno. with him for a twelve 
months' time, and also for not paying plaintiff 41i. which defend- 
ant received of Jonathan Thing of Exiter, upon plaintiff's account. 
Nonsuited. 

Daniell Ela v. Benjamin Bongraine. Debt. Due for dieting 
him and his men and for provisions, also for piloting two ships 
for him. Verdict for plaintiff.* 

Georg Swete v. Francis Thorn. Debt. For wages. De- 
faulted. 

Abraham Drake v. Jno. Severans, attorney to Lewis Zake- 
rias. Review of an action tried at the last Salisbury court, when 
defendant recovered judgment for wages. Verdict for plaintiff. 
Appealed to the next Court of Assistants. John Severans of 
Salisbury, attorney to Lewis Zakerias, the Dutchman, and Henry 
Green bound. 

Henry Roby v. Capt. Walter Barfoot. For damage in money 
which was recovered against plaintiff at the last Court of Assist- 
ants in a case between Barfoot, as his attorney, and Robert 
Marshal. Verdict for defendant. 



* James Pecker, aged about fifty years, deposed that in 1672 
he heard Mr. Bengaman Boonegraine say that he was to give 
Danill Ela forty shillings in silver and to spare him one of his 
men to go down to Newbery with said Daniel's ketch to pilot 
Boonegraine's vessel to Salem. Said Daniel did pilot the said 
vessel to Newbery, and Boonegraine told deponent that Ela was 
going to Salem with his own vessel, but that Boonegraine had 
altered his plans and should not go with his vessel. Sworn, Oct. 7, 
1672, before Nath. Saltonstall,f commissioner. 

Jno. Curwin deposed that being at Mr. Gedny's with Benj. 
Bowngroyne and Danell Ela, he heard that said Benjamin was 
engaged to pay Ela three or four pounds for piloting his ship up 
Merremack river. Sworn, 3:8: 1672, before Wm. Hathorne,f 
assistant. 

t Autograph. 



102 HAMPTON QUARTERLY COURT [Oct. 

Elizabeth Wells was appointed administratrix of the estate of 
her husband, Richard Wells, late of Salisbury. 

Court ordered that Richard Currier, executor of the will of 
Samll. Robins, produce the will at the next Salisbury court, to be 
proved. 

Court granted license to Mr. Carr to sell cider and beer by 
retail at his ferry until the next Salisbury court, provided the 
selectmen of Salisbury give their approbation. 

Jane Cartwright, being convicted of fornication, was sentenced 
to be whipped ten stripes, to be given her as Mr. Dalton shall 
think it convenient, unless she pays 31i. fine. 

Mary Parker, for fornication, was sentenced to be whipped ten 
stripes or pay a fine. 

Capt. Christopher Hussie, Ensigne Jno. Samborn and Mr. 
Samuell Dalton were appointed commissioners to end small 
causes in Hampton for the ensuing year, said Samborn and Dal- 
ton taking the oath, and Mr. Dalton being ordered to administer 
the oath to Capt. Hussey. 

The complaint against Eunice Cole was referred to Salisbury 
court and Mr. Samll. Dalton was in the meantime to take what 
depositions were to be presented. 

Charls Hilton acknowledged judgment to Nicolas Lissen, 
assignee of Mr. Willi. Norton, to be paid in boards at Exiter, 
according to a bill dated Oct. 27, 1669. 

Samll. Davis of Haverhill acknowledged judgment to Robert 
Wadleigh, to be paid in neat cattle. 

Susanna Worcester was appointed administratrix of the estate 
of her husband, Timothy Worcester of Salisbury, deceased. 
Court ordered that the widow have one-half and the two children, 
Sarah and Susana, the other half, the house and land to remain 
as security for the children's portions until they reach the age 
of eighteen. The widow was to have the use of the children's 
portions for their education and bringing up. 

Henry Palmer, George Brown and Willi. White were appointed 
commissioners to end small causes in Haverhill, and to take 
oath before Capt. Saltonstall. 

Samll. Currier, presented for cursing and swearing, was 
fined. 

John Godfrey, upon suit by Matthias Button, and the latter 
not appearing, was discharged. 



1672] RECORDS AND FILES 103 

Major Robert Pike, Henry Brown and William Buswell were 
chosen commissioners to end small causes for Salisbury. 

Hananiell Bosworth and Jno. Griffyn were appointed adminis- 
trators of the estate of widow Satchwell, late of Haverhill, and 
were ordered to appear at the next Salisbury court. 

Sabina Marston, executrix of her husband, William Marston, 
sr., reserved her right of thirds in the estate, and was given the 
use of the estate until the child to whom the estate is given comes 
to the age of eighteen years or is married with her mother's con- 
sent. 

Daniell Ela, presented in Salisbury court, Apr., 1672, for being 
drunk at Nuberie at Robert Holmes' house, also for cursing 
and swearing, was convicted and fined. He was ordered to 
remain in prison until the judgment was satisfied. 

Joseph Hall of Lyn, charged by Elizabeth, wife of Nathll. 
Eastman of Salisbury, as being the father of her child before 
her marriage, and the charge having been proved true, was or- 
dered to pay 121i. toward the child's maintenance to the husband 
of Elizabeth, in provisions within two years. Hall was also to 
pay 51i. according to law to Jonathan Hudson, father of Eliza- 
beth, for enticing her and frequenting her company contrary to 
her father's warning. Robert Burges of Lyn was surety for 
said Hall.* 

Elizabeth, wife of Nathll. Eastman of Salisbury, was to be 
whipped severely or pay a fine, for fornication before marriage. 

Court ordered Mary Parker, the maid of Moses Gillman of 
Exiter, to continue and live with him as a servant for three years 
after her time expires, unless she pay her master 61i. Also that 
the child of said Mary should live with said Gillman and his heirs 
as a servant until it reaches the age of twenty-one years, unless 
the father of the child should redeem it and satisfy Gillman 
for the charge of education. 

*Elizabeth Osgood, midwife, deposed that Elizabeth, wife of 
Nathanel Estman, told her that Joseph Hale of Lin was the 
father of her child. Sworn, 7:8: 1672, before Robt. Pike,f 
commissioner. 

Hana, wife of Nathall. Browne, deposed the same. 

Roger Estman and wife Sara, deposed the same. Sworn, 
Oct. 7, 1672, before Robt. Pike,f commissioner. 

t Autograph. 



104 HAMPTON QUARTERLY COURT [Oct. 

Mary Wall and Hannah Wall chose their uncle Tho. Philbrick 
of Hampton as their guardian. 

Charles Hilton acknowledged judgment to Mr. Henry Dear- 
ing, to be paid in deal board and white oak pipe staves. 

All presentments not brought here were referred to the next 
Salisbury court. 

Capt. Nathll. Saltonstall informed the court that Matthias 
Button died intestate, and none appeared to administer upon 
the estate. 

Anthony Stanian, presented for striking Edw. Colcord, jr., 
was fined. 

Joell Judgkin, convicted of drunkenness, swearing and cursing, 
was fined. 

Susana Worcester, widow, for suffering inconvenient meet- 
ings of young persons at her house at unseasonable times, was 
fined by Major Robert Pike. 

In answer to the complaint of Jonathan Thing and Henry 
Moulton, court declared that the widow King ought not to assign 
her yearly maintenance to any one man but ought to take advice 
of her husband's executors,, because she and they had made a 
covenant, and she had no power to assign it. 

The clerk of the writs of Haverhill was ordered to inquire con- 
cerning the estate left by Matthias Button and bring in an in- 
ventory to the next Salisbury court. 

Court being informed that John Littleale of Haverhill lay in 
a house by himself contrary to the law of the country, whereby 
he is subject to much sin and iniquity, which ordinarily are the 
companions and consequences of a solitary life, it was ordered 
Oct. 12, 1672, that within six weeks after date he remove and 
settle himself in some orderly family in the town, and be subject 
to the orderly rules of family government, unless he remove 
from the town within that time. If he did not comply with 
this order, the selectmen were ordered to place him in some 
family, which if he refused, a warrant was to be issued to place 
him in the house of correction at Hampton. 

A rate of 3011. was ordered for the county charges. 

Ordered 5s. to the servants of the house, also 5s. to Mr. Jno. 
Samborn's servants, to be paid by the Treasurer. 

Writ: Henry Dering v. Samawell Foulsham; debt; dated 



1672] records and files 105 

Court held at Salem, 26 : 9 : 1672. 

Judges: Mr. Simond Bradstreet, Mr. Samuell Simonds, Maj. 
Daniell Denison and Major Wm. Hathorne. 

Grand jury: Capt. Walter Price, Leift. Thomas Putnam, 
Mr. Jno. Corwin, Daniel Andrewes, Edw. Graves, Joseph Phippen, 
Robert Leach, Richard Reafe, Wm. Fisk, Hen. Collens, sr., Hen. 
Roads, Wm. Craft, Frances Burell and Wm. Vinson. 

Feb. 4, 1671-2; signed by Stephen Robinson,* for the court; 
and served by Abraham Drake,* by attachment of house and 
land of defendant. 

Writ: James Davis v. Thomas Davis of Haverhill and Mr. 
Ric , administrators of the estate of Joseph Davis of Haver- 
hill; debt; dated Jan. — , 1671-2; signed by ; and served 

by Jno. Williams,* constable of Haverhill. 

Writ: Jno. Severans v. Walter Tayler's estate in the hands of 
Tho. Mudget; debt; dated 23 : 12 : 1671; signed by Tho. 
Bradbury,* for the court; and served by Henry Browne,* deputy 
constable of Salsbury, by attachment of the dwelling house and 
land of Tho. Muggett, and by John Ward,* constable of Ames- 
bury, who attached the estate of Walter Tayler. 

Writ: Abraham Drake v. Andrew Wiggin. For withholding 
a debt for two loads of hay delivered at Exeter at the house of 
Richard Morgen in 1670; dated Mar. 29, 1672, signed by Samll. 
Dalton,* for the court; and served by Abraham Drake,* marshal 
of Hampton. 

Execution, dated 14 : 8 : 1672, against Nathll. Boulter to 
satisfy judgment granted to Jonathan Thing and Henry Moulton 
by Hampton court, 8:8: 1672, signed by Tho. Bradbury,* 
recorder, and levied by Abraham Drake, marshal of Hampton, 
upon neat cattle and pigs, appraised by Godfrey Dearborn and 
John Levett. Copy made by Tho. Bradbury,* recorder. 

Henry Sewall deposed that the meadow that he bought of 
Mr. Worcester he had let out, and those to whom he let it had 
never been molested. Sworn, 9:2: 1672, in Salisbuty court. 
Copy made by Tho. Bradbury,* recorder. 

Will. Starlin, aged about thirty -five years, testified that when 
he did a little work about John Severance's vessel, he was at 
Samewell Currier's house and heard Currier use cursing and 
swearing words. Sworn, 9:2: 1672, at Salisbury court. 

Phillip Toele's bill of cost against George Walton, 15s. 2d. 
Allowed, 9:2: 1672, at Salisbury court. 

James Pecker and Isack Cousens, agreed to keep a sufficient 
fence between their lot and John Clements. Wit: William 
White* and Theophilus Shatswell,* who made oath, 9:2: 1672, 
in Salisbury court. 

* Autograph. 



106 SALEM QUARTERLY COURT [Nov. 

Jury of trials: Mr. Samuell Gardner, Mr. Bartholl. Gedney, 
Richard Prince, Hilliard Veren, Richard Leach, Zachariah Her- 
rick, Mathew Farrington, Tho. Bancraft, John Pearson, John 
Haukes, Abra. Robinson and Jno. Deuerix. 

Richard Dole v. William Neafe. For not giving to the said 
Dole sufficient security for a debt. Verdict for plaintiff, if the 
process of law be legal requiring, if not, verdict for defendant. 
Court judged that in this case the process was not legal requir- 
ing.* 

Capt. William Geerish v. Wm. Neaph, alias Hodgneph. Debt. 

Verdict for defendant.! 

Mr. Elizur Holioak and Crispus Brewer, his tenant v. Thomas 
Farrer. For denying to said Crispus his making use of a high- 
way. Verdict for plaintiff. J 



*Writ, dated Oct. 17, 1672, signed by Nath. Saltonstall,§ for 
the court, and served by Steven Webster, § constable of Haverhill, 
by attachment of Will. Neff's land, which was formerly Daniel 
Ela's, and 61i. 10s. in the hands of Steven Dowe. 

Letter of attorney, dated Nov. 18, 1672, given by Richard 

[Dole] of Newberry to sr. of Salem. Wit: Joseph 

Collins§ and Hilliard Veren, sr.§ 

Bond, dated Apr. 22, 1672, William (his mark) Neafe of Haver- 
ill to Richard Dole of Newbery, for 201i., to be paid in white 
oak hogshead heading two feet, three inches in length, and hogs- 
head staves, and delivered at the landing place in Haverhill. 
Wit: John Lowell and Thomas Dole. Copy made by Hilliard 
Veren, § cleric. 

fWrit, dated Nov. 2, 1672, signed by Anthony Somerby,§ 
for the court, and served by Steven Webster, § constable of Haver- 
hill. 

Wm. Gerrish's bill of cost, Hi. 12s. 9d. 

Bond, dated Apr. 2, 1672, given by Wm. (his mark) Neph of 
Haverhill to Wm. Gerrish of Newbury, for 61i., to be paid in 
wheat or pork. Wit: George Browne§ and Richard Dole.§ 
Browne made oath, Nov. 11, 1672, before Nath. Saltonstall,§ 
commissioner, and Dole, 18 : 9 : 1672, before Daniel Demson.§ 

J Writ: Mr. Eliezer Holioake and Crispus Brewer, his tenant v. 
Thomas Farrer; for denying said Brewer the use of the highway 
that goes by his house and leads to the land of said Mr. Ehzer 
Holioake at or adjoining Sagamore hill, so called, in Lynn, and 
for turning back said Crispus's cattle when they were driving to 
pasture; dated 12 : 9 : 1672; signed by Hilliard Veren,§ for the 
court; and served by Thomas Iovry,§ constable of Lin. 

§ Autograph. 



1672] RFCORDS AND FILES 107 

Mr. Holyoke's bill of cost, Hi. 18s. lid. 

Edward Richards of Lynn, aged about fifty-five years, deposed 
that he had known that there had been a highway to the land 
at Sagamore hill, which was Capt. Turner's at Lynne, and which 
had been enjoyed by Capt. Turner and Mr. Holyoke for thirty- 
seven years. This way had been owned by all the proprietors 
of those lands that bordered upon it until Thomas Farrar came 
to be a proprietor there. Deponent for some time possessing 
the lands that were Carman's, he was troubled that Mr. Holyoke 
had such free course through there to his land, and got him to 
Mr. Willis's house before some gentlemen of the town to open 
his complaint. Those gentlemen produced a record of the town 
book, which declared that those lands by which the said high- 
way went were granted on condition that Capt. Turner should 
have a highway there through to his land at Sagamore hill. 
Sworn, 12 : 5 : 1671, before Wm. Hathorne,* assistant. 

Copy of a record of the meeting of the selectmen of Lyn, 22 : 
2:1656, made, 9:9:1672, by Thomas Laughton,* cleric: 
"It was Agreed y* by y e evedence the Selectmen heard y* m r 
Holyoake and y e lots adioyninge to him att Sagamore Hill is to 
haue a Highway through Thomas Farrars Land and to bee in 
the same place where it formerly hath been, which is neare his 
house, to their Lands & it is Agreed y* this Highway is to bee 
tow poole wide." 

John (his mark) Peirceson, sr., of Lynn deposed, July 11, 1671, 
that about thirty-two years ago, having occasion to be often 
with Goodman Foster of Lyn, who lived on the land that Thomas 
Farrar now possesses, Goodman Foster told deponent that all 
those lots were given with provision not to disturb Capt. Turner 
in his passage and that there was to be a highway to the land 
of said Turner. "Also in those ancient tymes I have heard Goodm: 
Foster say y* if he would make a way ouer y e Creek he might be 
freed from this highway over his land but it seemes he never 
attended to make a way ou r y e marsh & creeke: moreover I 
dwelling upon y e land wth was Goodm : Fosters (wch now Goodm : 
Farrar possesses) for three yeeres M r Holyoke had a way to his 
land over Goodm: Fosters land wthout molestation." Sworn, 
12 : 5 : 1671, before Wm. Hathorne,* assistant. 

Letter of attorney, dated Oct. 24, 1672, given by Elizur Hol- 
yoke* of Springfeild and Chrispas Brewer* of Lynne to Lieut. 
Thomas Putnam of Salem and Andrew Mansfeild of Lynne. 
Wit: Thomas Laughton* and Sara Laughton.* Sworn in 
court. 

Thomas Laughton, sr., deposed that Crispus Brewer asked 
him to go with him to Thomas Farrer's house to see if he might 
put his cattle into his field by way of the highway, and when 
they came to said Farrer's, there was William Bassett, sr. Farrer 

* Autograph. 



108 SALEM QUARTERLY COURT [Nov. 

Arther Mason, attorney of Wm, Titherly v. Mr. Edmond 

Batter. Review of a case tried at the last November court. 
Withdrawn. 

Edward Woolland, attorney of Anthony Peadle v. Mr. Wm. 

Browne, sr. Debt. Upon a fishing voyage. Verdict for de- 
fendant.* 



said he had no highway there. Deponent desired Farrer to let 
Brewer put in his cattle now and in the spring Mr. Holyoake 
might be there himself, and Farrer replied that if his neighbor 
Brewer desired it upon courtesy after his hay and turnips were 
in, he might do so, etc. William Bassett, sr., testified the same. 
Sworn in court. 

Thomas Brewer, aged upward of fourteen years, testified 
concerning Farrer driving the cattle out of the highway. Sworn 
in court. 

Edward Ireson of Lynne, aged seventy years, deposed that 
above forty years ago, he was servant to Mr. Johnson, deceased, 
and living in Lynn almost ever since, he was well acquainted 
with the lands of Capt. Turner. Mr. Dillingham had three 
acres next adjoining to Turner, through which the latter had a 
way allowed to his land about where it is now. Next was Good- 
man Foster's and next him was Carman's land by the way to 
the windmill. These lots butted on the highway where Turner, 
and after him Mr. Edw. Holyoke, passed with carts and cattle. 
Deponent had three acres given to him by the town, which after- 
wards was Carman's, and he had a right of way. Sworn, July 12, 
1671, before Wm. Hathorne,f assistant. 

*Writ: Edward Woolland, sr., attorney to Anthony Pedle of 
Monhegin v. Mr. William Browne, sr.; debt, upon account of a 
fishing voyage in 1661; dated Nov. 19, 1672; signed by Hilliard 
Veren,f for the court; and served by Henry Skerry, f marshal of 
Salem. 

Bill of Wm. Browne,f dated Salem, Nov. 14, 1661, the account 
being made up and the rest due to Goodman Pamer, 511i. 8s. 
Id.; due to Tho. Harris, 61i. 3s. 5d.; due to Goodm. Pedle, 51i. 
Is. Id. 

Letter of attorney, dated July 10, 1672, given by Anthony 
(his mark) Peadellf of Maunhegin to Edward Woollen of Sallem. 
Wit: Elias Whitef and John (his mark) Roads, sr. Sworn, 
26 : 9 : 1672, before Daniel Denison,f 

John Pamer of Munhegin is debitor, 1660, 591i. 18s. 6d.; 
for the freight to Richard Gardner, 18s. 6d. Received by Richard 
Gardner, 114 quint, of fish at 30 Rv p quint. 851i. 10s.; by 12 
quint, fish and 2 of Refuse, 91i. 18.; by Mr. Balch, 14 : 9 : 1660, 

t Autograph. J Seal. 



1672] RECORDS AND FILES 109 

Richard Read v. Christopher Lattamore. Trespass. With- 
drawn.* 



31 quintalls of fish at 28 Ry per, 211i. 14s.; total, 11711. 2s.; 
Rest to you is 561i. 5s. John Pamer, half coming to him, 281i. 
2s. 6d.; Thomas Harise, a quarter part to him, 141i. Is. 3d.; 
Anthoney Pedle, a quarter part to him, 141i. Is. 3d. ; total, 5611. 
5s. This is the account "that I made up with John Dolling that 
had no parte in the voyage but as he saide he order from one man." 

John Pamer, debtor, 601L 17s.; received by Richard Gardner, 
851i. 10s.; by Richard Gardner, 911. 18s.; total, 9511. 8s.; rest 
to be divided, 3411. lis. To John Pamer, half, 171i. 5s. 6d.; 
to Thomas Harris, one quarter, 811. 12s. 9d.; to Anthony Pedle, 
one quarter, 811. 12s. 9d.; total, 3411. lis. "This last account was 
made up with John Pamer who had half the voyage and said the 
31 quintalls of fall fish belonged to himself and I gaue him Credit 
for it in his owne perticuler accounte soe that if the first acc° 
stand being A great Earor in it then I pay for 31 quintalls of 
mar* fish twise it was made up by one that knew nothing of it 
& had nothing to doe in it." 

*Writ: Richard Read v. Christopher Lattamore; trespass; 
for running a mooring or causing it to be "runn fowle of y* moar- 
ing of y 6 p 1 * & moaring of his boat foule of v* 5 boat of the p u : 
whose moaring had beene layd in that place two or three yeare 
before, & is against his owne land & house & stages, wherby the 
p u his side of his boat is broake downe;" dated 14 : 9 : 1672; 
signed by Hilliard Veren,f for the court; and served by John 
Waldren,f constable of Marblehead. 

James Dennesf and Nathanuel Waltonf certified that they 
repaired the damaged boat, and the cost for timber, with car- 
penter's labor, was Hi. 5s. 

Abraham Sneshshell, aged about twenty-two years, deposed 
that about three years ago Richard Read had a mooring over 
the coves, at which time Lattimer had no mooring. Also that 
the boat was fitted for sea and was so much damaged by Latti- 
mer's boat that she had to be repaired. Sworn in court. 

William Pitt, aged nearly four score, testified that about twen- 
ty-five years past, he bought of John Goyte of Cape Ann, house, 
stage and land in Marblehead, with the privilege of the cove 
where he moored his boat and peacably enjoyed it many years 
without any molestation by any man. Afterward he sold all 
to his son Cristover Lattemer who was unmolested until within 
two or there years ago when Richard Read came there. Sworn in 
court. 

John Martin, aged about thirty years, testified that about 
two years and two months ago, he went to sea fishing in his own 

f Autograph. 



110 SALEM QUARTERLY COURT [Nov. 

boat and hired a mooring of Richard Read, and he and John 
Codner often found Lattimore's skiff's collar upon their mooring. 
Codner loosed the collar and heaved it ashore, etc. Sworn in 
court. 

John Codner, aged about fifty years, deposed that when he 
built his stage about twenty years ago, he and Lattemore stretched 
their moorings from one side of the cove to the other upon each 
man's land, to two rocks. When Mr. Lattemore's mooring was 
taken away, he moored a boat to my mooring and paid for it 
and so kept possession of the mooring place. All the boats that 
were in the cove made fast to their land. John Peach, sr., aged 
about sixty years, mentioned. Sworn in court. 

William Neck, aged about forty years, deposed that he came 
into the country about twenty-two years since, and there was 
then no stage in the cove except Mr. Pitts's. Sworn in court. 

Amberus Gale, aged about forty-four years, testified that he 
came to Marblehead about twenty-three years ago, etc. Sworn 
in court. 

John Trevey, aged about forty-five years, deposed that "last 
summer was twelve month," he went to sea in Lattimore's boat 
and they had no mooring at all for the boat but rode at anchor 
in the harbor. Sworn in court. 

Walter Borson, aged about twenty-six years, deposed that 
he went to sea with John Martin, who hired mooring of Richard 
Read, giving him one quintal of fish for the use of it. Sworn in 
court. 

John Northey, aged about sixty-five years, deposed that about 
twenty-five years ago, he stretched the mooring at Mr. Latte- 
more's stage, and it belonged to that stage from the beginning 
of setting up of stages in Marblehead, which is about twenty- 
seven years ago. John Peach testified to the same. Sworn in 
court. 

Moses Mavericke, aged about sixty-two years, deposed that 
about thirty-seven years since, John Coite and Goodman Lam 
built a stage at Marblehead where now Latamore's is. Richard 
Read has built a stage between John Codner's and John Nor- 
they's, in the cove that was agreed on to be a place of public use 
for the town. Sworn in court. 

John Merritt, aged about twenty-nine years, deposed that 
when Latemore warned Read to take his boat away, the latter 
said he would keep it there in spite of his teeth. Sworn in court. 

Nicholas Merritt, aged about fifty-nine years, deposed. Sworn 
in court. 

John Devericks, aged about fifty-five years, deposed that 
about twenty years ago, he built John Codner's stage. Sworn 
in court. 



1672] RECORDS AND FILES 111 

Richd. Rowland v. Capt. James Smith. Debt. Verdict for 
plaintiff.* 

John Godfery v. John Williams, jr. For taking away three 
cows out of his possession. Verdict for plaintlff.f 

Edward Berry and Elizabeth, his wife v. Nicholas Woodbery. 
Review of a case tried at the last Salem court. Verdict for de- 
fendant. J 

*Writ, dated Nov. 19, 1672, signed by Moses Mavericke,§ 
for the court, and served by John Waldren,§ constable of Mar- 
belhead. 

Richard Rowland's bill of cost, Hi. 3s. lOd. 

Bond, dated Aug. 30, 1670, from James Smith§ of Marblehead 
to Richard Rowland of Marblehead, for lOli. 5s., to be paid in 
fish. Wit: Moses Mavericke§ and Erasomus James.§ Ack- 
nowledged in court by James Smith. 

f Writ, dated Oct. 19, 1672, signed by Anthony Somerby,§ for 
the court, and served by Stephen Webster, § constable of Haver- 
hill, by attachment of the house and land of defendant. 

Hue and cry, dated 16 : 4 : 1671, for John Godfrey whom 
Abraham Whitacker charged with feloniously taking away three 
cows, signed by John Williams, § constable of Haverhill, who 
returned that he had taken said Godfrey, and "becos of Athority 
not being at home & it being doutful what to doe in respect of 
Commeting him to prison: haue secured him for appearance 
before m r Saltinstall." He also took bond for his appearance, 
Edward Clarke, surety. 

John Godfere's bill of cost, 21i. 4s. 6d. 

Letter of attorney, dated Oct. 2, 1672, given by John (his 
mark) Williams of Haverell to his brother-in-law John Colby of 
Amesbury. Wit: Mary (her mark) Parker. Acknowledged 
before Robt. Pike,§ commissioner. 

Bond, for appearance of John Godfrey, dated June 17, 1671, 
Edward Clarke§ of Haverhill, surety. Wit: Robert Ford§ and 
Joseph Davis. § 

Copy of depositions, taken from Salem court records of June, 
1672, in the case of Godfery v. Williams, by Hilliard Veren,§ 
cleric. 

J Writ, dated 12 : 9 : 1672, signed by Hilliard Veren,§ for 
the court, and served by Henry Skerry, § marshal of Salem. 
Bond of Nicolas Woodbery. § 

Nicholas Woodberrey's bill of cost, 14s. 6d. 

Copy of the will of Roger Haskall, taken from the Salem court 
records of 26 : 4 : 1667, by Hilliard Veren,§ cleric. 

William Hascoll, aged about fifty-five years, and Samuel 
Gardner, aged about forty-five years, testified that at the time 

§ Autograph. 



112 SALEM QUARTERLY COURT [NOV . 

of the sitting of Salem court in June, 1672, they went to Edmond 
Berrey's house to call his wife to court. She told them that 
she had freely given up all her right in that land to her former 
husband Rogger Hascol before his death, and wished her children 
to enjoy it. Also she was unwilling for her present husband to 
sue for it. She said that her husband Roger Hascall was half 
purchaser with her mother Hardy of all the land they bought 
of Mr. Geffard, that is, of Garfard's point and the four score 
acres in controversy. Sworn, 18 : 9 : 1672, before Wm. Hath- 
orne,f assistant, and also sworn in court. 

Jacob Barney, sr. and William Dodg, agents for Mr. Gervis 
Garford, testified that they laid out to Roger Hascoll eighty 
acres lying between Lord's hill and Burch plain, and that said 
Dodge saw William and John Haskall deliver it to Nicholas 
Woodbery by turf and twig. Copy made by Hilliard Veren,f 
cleric. Sworn in court. 

Petition of Elizabeth, wife of Edward Berry: "I had disposed 
my mind to my husband that now Is Conserninge the sute of 
law he had with m r Nicholas Woodbury about the land which 
my mother gaue to me which is my Reight I thoft I should haue 
Noe busines theare at Court But my Brother In law William 
Haskoll found me out and perswaded me with these words, will 
you giue away your Estate to such a Husband that saith you 
are a baud And such like prouokations If he Recouer the Land 
he will sell It & make a bag of mony and shew you a Leight pare 
of heels whare uppon I went to the Court when I Came thare 
Maior dinison sayed to me, Come good woman you gaue Con- 
sent to your husbands will did you not, In my fury I did say 
It Sir: But I haue Considered since I haue don my selfe great 
wrong in spekeinge that word which was not truth for I doe 
protest before god that I neuer gaue free consent to Roger Has- 
kolls will which was my former Husband. This man Haskel 
after his brother Roger was dead the Court was a fortnight after 
or thereabout, the sd Haskell Remeaned with me most of the 
tyme night and clay using many arguments & prouocations 
with me to haue me goe to that Court to haue the will proued 
when I was very full of trouble, knew not what I did being so 
short a tyme I did I knew not w* but did by his Aduise." Sworn 
before Wm. Hathorne,* assistant. 

Edeth Herick, aged about sixty years, deposed that she often 
heard her father Hugh Laskin say that William Haskoll was 
half purchaser with his brother Roger Haskoll in the farm which 
her father sold them and that said William possessed and enjoyed 
the same some time before my father went away, which is about 
twenty-five years. Sworn in court. 

John Grover, aged about forty-five years, deposed that Wil- 
liam Haskoll, sr., kept the farm about seven years until such 

* Autograph. 



1672] RECORDS AND FILES 113 

Mr. Bartholmew Gedney and Erassmus James, making return 
of their administration upon the estates of Elias Young, Ed. 
Foster and Wm. Yabsley, were discharged. 

Jno. Collens and Sarah, his wife v. John Hathorne. Slander. 
Withdrawn.* 

Jno. Safford v. Hen. Leonard. Debt. Of about 10 C. of bar 
iron. Verdict for plaintiff.f 

Jacob Knights, attorney to William Bartrum v. Samuell Benett. 
Debt. Forfeiture of a bond of arbitration. Withdrawn. 

time as he went away, and then Goodman Herrick came in upon 
his right. Sworn in court. 

*Writ: Joseph Collins and wife v. John Hathorne; slander; 
for saying in Salem at the last county court that last Christmas 
day at night plaintiff had seventeen quarts of rum drunk in his 
house, that many who were there were disguised with drink, and 
that plaintiff's wife was so drunk that she could not go to bed 
without being carried; dated Nov. 18, 1672; signed by John 
Fuller,! for the court; and served by Thomas Ivorye,J constable 
of Lin, by attachment of land of defendant's, adjoining the lower end 
of Mr. Whiting's lot and some back of John Hathorne's house. 

fWrit, dated Nov. 9, 1672, signed by Robert Lord,! for the 
court, and served by John How,| deputy marshal of Ipswich. 

John Saford's bill of cost, 31i. 2s. Id. 

Jno. Howe deposed that being at Mr. Leonard's house, Mar- 
shal Lord demanded iron for John Saford, which Leonard said 
would be ready the next morning. The marshal told Ens. John 
Gould to carry the iron. Zacheus Curtis testified the same. 
Sworn in court. 

Samuell Lenord deposed concerning his father's iron and the 
weighing of it. Sworn in court. 

James Hanscombe deposed that Ens. John Gould came with 
his man and team for some iron to carry to the Worshipfull Major 
Denison, for John Saford. Gould asked who was to pay him 
and not being assured, bade his man drive away, so the iron lay 
there still at the forge. Sworn in court. 

Jno. Everard and James Car deposed. Sworn in court. 

Robert Lord, jr., deposed that he was requested to demand 
12 C. of iron for Major Denison and about 10 C. for John Safford, 
etc. Sworn in court. 

John Gould deposed that he agreed to take the two parcels to 
Ipswich, and Denison's iron was ready, but Saford's was not. 
Also that he would have had to wait an hour or two for it, and 
it was then dark. Sworn in court. 

Robert Lord, jr., and John Gould deposed. 

t Autograph. 



114 SALEM QUARTERLY COURT [Nov. 

Hen. Benett v. Benjamin Morgaine. Debt. Withdrawn. 

John Todd v. William Neafe. Debt. Verdict for plaintiff.* 

Edward Humphries acknowledged judgment to Capt. George 
Corwin. 

Steephen Greegs acknowledged judgment to Capt. George 
Corwin. 

John Browne of Ipswich acknowledged judgment to Mr. John 
Gedney, in wheat or butter. 

Jno. Northy v. Erasmus James. Review. Verdict for plain- 
tiff, the title of the land in controversy.f 

*Writ: Mr. John Todd of Rowley v. William Neff of Haver- 
hill, debt, to be paid in white oak hogshead staves or neat 
cattle; dated Nov. 8, 1672; signed by Nathaniel Saltonstall,j 
for the court ; and served by Stephen Webster, J constable of 
Haverhill, by attachment of a mare of Wm. Neff, in the hands 
of Daniel Bradley, and land he bought of Daniel Ela. 

John Tod's bill of cost, Hi. lis. lOd. 

Bond, dated Mar. 8, 1670, William (his mark) Neff of Haver- 
hill, to John Tood, for 71i. 12s., in consideration of a horse and 
9s., to be paid in white oak hogshead staves and heading, de- 
livered in Haverhill. Wit: John Grifflngt and Robert Clemens.^ 
Sworn, Nov. 25, 1672, before Nath. Saltonstall,| commissioner. 

Letter of attorney, dated Nov. 26, 1672, from John TodJ to 
Robert Lord, jr. Acknowledged, Nov. 26, 1672, before Daniel 
Denison.| On the reverse: Tobacco at m r Carleton's, 61i.; 
buttons a Card, 2s.; 2 paire of black gloves, 4s.; 1668, stockings, 
a paire, 4s. 

fWrit: John Northey, sr. v. Erasmus James; review of a case 
tried at Ipswich, recovering title of a parcel of land near the 
house of said Northey, which on new evidence he thinks to make 
it appear to be his land; dated Nov. 19, 1672; signed by Moses 
Mavericke,| for the court; and served by Sam. Morgan,! con- 
stable of Marblehead. 

Copy of the papers in this action, taken from the Ipswich court 
of Mar., 1671-2, made by Robert Lord,J cleric. 

John Northeyes bill of cost, 21i. lis. 

June 18, 1657, "At a generall town metting it is granted to 
John Northy that swampe that lieth betwene his Land and 
william Nicks in lew of a Carte way, and alsoe the swampe that 
lieth betwene John hudsons and his Land in lewe of that one 
the northest of that is one the other side of the Cart way and 
Laied out by John Bartoll and John peach, Junior." Copy from 
the town book of Marblehead taken Nov. 26, 1672, by Samll. 
Ward, | keeper of the book. 

t Autograph. 



1672] RECORDS AND FILES 115 

Daniell King v. Jno. Goold. Verdict for plaintiff, forfeiture 
of the bond. Court agreed to chancery the bond of lOli. to 71L* 

John Peach, jr., aged about fifty-nine years, deposed that in 
1657, he was chosen one of the selectmen of the town of Marble- 
head, etc. Sworn in court. 

John Peach, sr., aged about sixty years, deposed. Sworn in court. 

William Neck, aged about forty years, deposed that John 
Northy came to the town meeting at Marblehead to ask for a 
small parcel of swamp that lay west of his land about fifteen 
years since, and Mr. Johnson and others were appointed to view 
it, and it was granted. Then the land lying so that the cartway 
came through some of his land and no other convenient way 
could be found into the woods. The town had waste land be- 
tween deponent and Northey, and exchanged with him, giving 
him all the waste land to the lower end of deponent's fence and 
he gave the town also land on the other side of the cartway upon 
which Northey 's house stands, etc. Robert Knights, aged 
fifty-eight years, deposed the same. Sworn in court. 

Francis Johnson, sr., of Boston, aged about sixty-six years, 
deposed. Sworn, Nov. 25, 1672, before Edward Tyng,f assistant. 

Thomas Boin, aged about forty-seven years, deposed. Sworn 
in court. 

Moses Mavericke, aged about sixty-two years, deposed that 
he with the other selectmen of Marblehead, going by the house 
of Erasmus James' about some land of the town which they 
were to dispose of, were asked by said James to buy a small par- 
cel of land which is the land in controversy. "I was not then 
very Free to auct in itt because I had some sudden thoughts 
that John Northey might claime the land: butt erasmus James 
was soe importunate in words and actions that the selectmen 
had no time to consider: but did write in the Booke he was to 
haue the Land and we to stake itt out; but within one day or 
two Northey claimed the Land: we neuer stacked it out nor rec. 
pay for itt butt made Null the former writing till itt appeard 
whether it were the Towns land or John Northeys: after that 
M r Francis Johnson speaking to me about itt I did call to mind 
and remember the Land was given Northey in Lue of the High 
way and other Land left out and am fully perswaded on that 
acc° the Land in Controversy is John Northeys." Sworn in 
court. 

*Writ, dated 13 : 9 : 1672, signed by Hilliard Veren,f for the 
court, and served by Henry Skerry,f marshal of Salem. 

Summons, dated 14 : 9 : 1672, signed by Hilliard Veren,f 
for the court, and addressed to John Goold, constable of Tops- 
feild. 

t Autograph. 



116 SALEM QUARTERLY COURT [NOV. 

Steephen Haskett v. John Stone. Withdrawn. 

Major Wm. Hathorne v. John Goold. Debt. Verdict for 
plaintiff.* 

Joseph Armitage v. Hen. Roads. Review. Withdrawn. 

Joseph Armitage, attorney or assignee of Samll. Benett v. 
Capt. Tho. Savage. Withdrawn. 

There being a copy of the will of Mr. Joseph Humfrye, deceased, 
presented to court and attested upon oath of Mr. Tho. Keland 
and Mr. John Wensly, before the Worshipful John Leveritt, 
Esq., Deputy Governor, Edward Ting, Esq., Assistant, and 
Isaack Addington, clerk, wherein the court found that said 
Humfrye bequeathed to Tho. Price, son of Mr. Richard Price, 

Daniell King's bill of cost, Hi. 15s. 6d. 

Daniel Kingf and Jolm Gould, t 25 : 1 : 1672, in behalf of 
James Carr, chose Major Hathorne to end all differences and 
agreed to stand to the arbitration. Wit: Wm. Hathornef and 
Rich. Walker.f Owned in court by John Goold. 

John How and Edmond Bridges testified that on July 6 they 
appraised for John Gould as many young cattle as they judged 
worth 71i. 4s. 7d., to be delivered to Danill Kinge, etc. Sworn 
in court. 

Thomas Pharoh, aged about fifty-five years, and Ezekell Ned- 
ham, aged about twenty-eight years, deposed that they went to 
John Goolld's house with Daniell King to demand the money 
which Major Hathorne had awarded, etc. Sworn in court. 

James Care deposed that Mager Hathron awarded that he 
should serve King six or seven months for what the Mager found 
him indebted to King. 

Wm. Hathorne's award, dated Salem, Apr. 6, 1672: that John 
Gold pay in behalf of James Carr to Daniel King within three 
months, Hi. 17s. 7d., which Carr took above his wages, also 
31i. 15s. for absenting himself from his master's service about 
three months, also 14s. in money for the charges of the house, 
and 18s. for King's charges in seeking for said servant. 

Edman Brigges and John How deposed. Sworn in court. 

♦Writ, dated 13 : 9 : 1672, signed by Hilliard Veren,f for the 
court, and served by Henery Skerry,f marshal of Salem. 

Summons, dated 14 : 9 : 1672, signed by Hilliard Veren,f for 
the court. 

Bond, dated 7:6: 1672, from John Gouldf of Topsfeild to 
Major Hathorne of Salem, to be paid in bar iron at 20s. p C, and 
to be delivered at Mr. Browne's at Salem. Wit: Nathll. Mig- 
hellf and John Appleton.f Owned in court by John Goold. 

t Autograph. 



1672] RECORDS AND FILES 117 

and Mrs. Elizabeth Pelham, all interest in his farm at Lyn, late 
in possession of Frances Ingolls, and now in the possession of 
Edmond Batter, who are to have possession of the farm given 
them, provided they pay to Mr. Ed. Batter, late administrator, 
751i. 17s., his just due from the estate, to be paid in vendable goods 
or provisions. Said Price and Pelham and the farm were to be 
security against any of the relations of John Humfrys, Esq., 
deceased, who may have just claim thereto. 

Will of Lazarus Farr and an inventory were brought into court 
and attested upon oath of the witnesses. 

John Farr dying intestate, administration upon the estate 
was granted to Richard Stower and Joseph Farr, and an inventory 
brought in. An agreement for the division of the estate among 
the relations was allowed by the court. 

Capt. Thomas Marshall had his license renewed. 

Mr. Thaddeus Riddane had his former license renewed. 

Hen. Walker, William Ellery and Thomas Pinny, all of Gloster, 
took the oath of freemen. 

Frances Nurss was sworn constable for Salem. 

Ordered that the county treasurer pay as soon as he can 251i. 
to John Pearson, sr., of Rowly, for his pains and charges about 
repairing the county bridge near Richard Thurloe's. 

Thomas Robbin, an Indian, for excess in drink and for break- 
ing into the house of the Worshipfull Mr. Simond Bradstreete, 
was sentenced to be branded on the forehead with a letter B, 
and to pay costs to the Andever constable.* 

Daniell Knight dying intestate, administration of his estate 
was granted to Jacob Knights, his brother, who brought in an 
inventory, which was allowed. Court ordered that Elizabeth 
Bread, the natural mother of deceased, be paid 101i., and that 
John Knight and An, wife of Edward Richards, the natural 
children of the father of deceased, be paid 51i. each, and Pris- 
cilla Kertland, intended wife of deceased, be paid lOli. The 
rest of the estate was to be divided between Jacob Knights, Eliza- 
beth Graves and Mary Wormwood, brother and sisters of de- 
ceased, the brother having a double portion. All legacies were 
to be paid within six months, all parties to share proportionately 
with regard to debts and credits. 

*Bill of cost of William Chandler,! deputy constable, 14s. 
t Autograph. 



118 SALEM QUARTERLY COURT [Nov. 

Mathew Price, for excessive drinking, was fined. 

Court being informed that Joseph Booby moored his shallop 
by leave and right of John Northy, whose right had been lately 
sold to Richard Read, it was ordered that he move it to some 
other place unless he can make out that he has a right to this 
place, and so report to the next Salem court. 

Richard Charlescraft dying intestate, Anthony Needham was 
appointed administrator of his estate, and was ordered to bring 
in an inventory to the next Salem court. 

Joseph Armitage acknowledged judgment to Capt.Thomas Savage. 

Tho. White dying intestate, administration was granted upon 
the estate to Ruth, the relict, who was ordered to bring in an 
inventory to the next Salem court. 

John Farefield dying intestate, Sarah, the widow, was appointed 
administratrix, and an inventory* brought in by her was allowed. 

John Norman dying intestate, Arabella, his wife, was appointed 
administratrix, and an inventory which she brought in was or- 
dered as follows: to the eldest son John Norman, 40s., and to 
the rest of the children 20s. each, to be paid upon demand, the 
widow to have the remainder. 

John Smith dying intestate, Elizabeth, his wife, was appointed 
administratrix, and she presented an inventory and was to add 
to it whatever might appear afterward. 

George Burch dying intestate, Elizabeth, his wife, brought in 
an inventory of the estate, which was allowed. The children of 
the deceased, Elizabeth, John, Mary, Abigaile and George were 
to have 10s. each at age or marriage, and the widow was to have 
the rest. 



inventory of the estate of John Fairefeld of Ipswich, taken 
20 : 9 : 1672, by Tho. Fiskef and Richard (his mark) Hutten: 
Homestead, 1401i.; a parcell of meadow in the great meadow, 
with upland undivided with his Brother, 521i.; beding, 31i.; 
wareing Cloathes, 21i. 10s.; two boxes & some other utensels, 
18s.; Iron pott & tongs, 12s.; Chairs, 3s.; one Cradle & tub, 
6s. ; Catle, 251i. ; swine, 61i. ; two guns & sword, 21i. ; spad, shov- 
ell, siev & axes, 17s.; Chaine & plowe Irons, 18s.; Chest & Bed- 
stead with some other Small things, Hi. 12s. 6d.; a frying pan 
& Chest lock, 9s.; Come, 51i.; total, 2411i. 5s. 6d. Debts, 61i. 
There were 12 bushels of corn due from Walter Faierfeild for 
damage. 

f Autograph. 



1672] RECORDS AND FILES 119 

Samuell Leach dying intestate, administration upon his estate 
was granted to Hanna, his wife, who was to bring in an inventory- 
to the next Salem court. 

Mr. John Ruck, Mr. William Browne, sr., Mr. Edmond Batter, 
Capt. George Corwin, Capt. Walter Price, Mr. Henry Barthol- 
mew, John Procter, Mr. John Gedney and Capt. Paule White 
had their former licenses renewed for retailing strong waters. 

Mr. Jonathan Corwin had license granted him to retail strong- 
waters. 

John Dennis and Abraham Martin, for beating and abusing 
Lewis Laford, in his master's house, were sentenced to be whipped. 
John Dennis, paying 41i. in money, was dismissed. 

John Sellare dying intestate, Elizabeth, his wife, was appointed 
administratrix, and was ordered to bring in an inventory to the 
next Salem court. 

Will* and inventory of Bridgett Varney were brought in and 
allowed. 

*Will of Bridget (her mark) Verney f of Glocester, "being by 
God's providence cast upon my Bed of Sickenesse," dated Nov. 
10, 1671, and allowed in court by the witnesses: "I give & be- 
queath in the first place unto my Sonne Humfrey Verney the 
Summe of twenty Pounds to be payd by my sonne Jeffrey Par- 
sons of this Towne in foure yeares. five pounds per Annum 
during the space of foure yeares after my decease. Item I give 
& bequeath unto my Daughter Rachel Vinson (the wife of William 
Vinson) twenty Pounds to be payd out of my estate according 
as hee the sayd william vinson my sonne in Law Can best order 
it for Her And this to be for my sayd Daughter after my decease 
Item I give and bequeath unto my sonne Thomas Verney Seaven 
Sheepe after my decease. And for the rest of my Goodes or 
estate besides what is above mentioned & bequeathed I leave 
in the hands of my sonne in Law william vinson as his owne proper 
Goodes & right to dispose as he shall see meet And to the end 
this my Last will & Testament may be duely & truely performed 
in manner & forme abovesayd I doe hereby appoynt constitute 
& ordayne my sayd Sonne in Law william vinson to be sole Execu- 
tor." Wit: John Emerson,! William Ellery,| William (his mark) 
Vinson and John (his mark) Row. 

Inventory of the estate of Bridgett Verney, taken Nov. 21, 
1672, by Thomas Millett, sr.,| and John Collens, sr.,| both of 
Gloster: Two Cowes and two hefer Calves, 81i.; nine sheepe, 
31i. 10s.; Two swine, 16s.; Three Akers of marsh in Chebacco, 

t Seal. % Autograph. 



120 SALEM QUARTERLY COURT [Nov. 

Richard Rowland, complaining against Capt. James Smith 
for abusing him, and the charge not proved, they were all dis- 
missed. Tho. Powell was allowed charges, to be paid by Row- 
land. 

Richard Rowland, for being much in drink, it being the second 
conviction, was fined. 

Jeffery Joanes, presented for being disguised with drink, and 
it being not proved, was dismissed. 

John Trask, for fornication before marriage, was fined or if the 
fine were not paid before the next Salem court, to be whipped. 

A bill of 4s. 12d. for disbursements about repairing the bridge 
or causeway at Salem was ordered to be paid by the county 
treasurer.* 

Peeter Greenefeild dying intestate, Hanna, his wife, was 
appointed administratrix, who brought in an inventory amount- 
ing to 1201i. clear estate. Court ordered that 601i. be paid out 
of the estate to the three children, to each 201i. at age or marriage, 
and the remainder of the estate to the widow. The house and 
land mentioned in the inventory was to be for security of the 
payment of the children's portions. 

John Roads and his wife, for fornication before marriage, were 
sentenced to be whipped or pay 51i. in money before the next 
lecture day. 

Nathaniell Hun, for striking Mr. Phill. Cromwell, was fined. 

Nathaniell Hun and his wife, for fornication before marriage, 
were sentenced to be whipped on the next lecture day or pay 
51i. in money. 

Jeremiah Bennett, alias Shelton, and Christian, his wife, for 
fornication before marriage, were to be whipped on the next 
lecture day or pay 51i. 

41i.; beding, Hi. 5s.; a Paire of sheetts, 15s.; wearing Clothes, 
31i. 14s.; Linen Clothes, 21i.; box and two Loks, 6s.; woolle 
and yearne, Hi.; old timber vesels, 3s.; debts oweing her, 411i. 
2s.; total, 661i. lis. 

*Bill of William Flint,f surveyor, for repairing the bridge: 
disbursements for carts and hands in 1671, 21L; 4 dayes work 
with a Cart at 7s. p daye, Hi. 8s.; 12 mens' laboure each man 
on daye, 2s. p, Hi. 4s.; total, 41i. 12s. To what is further nes- 
sessurye to be don by our neerest compution, must be speedyly 
don, 21i. 12s. 

f Autograph. 



1672) RECORDS AND FILES 121 

Left. John Osgood was fined for giving some Indians cider 
at his house. 

Robt. Beasly and his wife, for fornication before marriage, 
were fined or to be whipped the next lecture day. 

Court ordered that there be a county rate raised to the value 
of one-eighth part of a single country rate, to be paid in Indian 
corn at 3s. per bushel, wheat at 5s., and pease, rye and malt at 
4s., and the Treasurer was to issue his warrants to the several 
towns for levying them. 

Will and inventory of John Sothwick, deceased, were brought 
into court, proved and allowed. Sara, the relict, by mutual 
consent of all parties concerned, provided she may have two 
acres of ground adjoining the house, relinquished her interest 
in the thirds of the land. Also that Sara, youngest child of de- 
ceased, who had no portion assigned by the father's will, by 
mutual consent of all concerned, was to have an equal portion 
with the rest of the daughters, to be deducted out of all the rest 
of the children's portions, proportionately. 

Court ordered that a warrant be given to the constable of 
Wenham to sequester Abraham Martin's estate, which accordingly 
was done. 

Zachariah Herrick and William Dodg, jr., were bound for 
the appearance of William Dodg, alias Coaker, at the next Ipswich 
court, upon complaint against him for being accessory in the 
beating and abusing of Lewis Laford in his master's house. 

Mr. John Hathorne had his former license renewed until the 
next Ipswich court. 

The servants of Mr. Gardner's house were allowed 8s., of Mr. 
Gidneyes, 3s., and Mr. Browne's maid, 3s. 

Fined by the Worshipful Major William Hathorne, Jan. 6, 
1672: 

The wife of George Oakes, for absenting herself from the public 
ordinances, was admonished. 

William Jerman, was fined for swearing, and John Norman 
engaged to pay in merchantable fish, in the spring, delivered in 
Salem. 

James Shaw, for drinking to excess, and for being drunk, was 
fined, and ordered to pay witness fees to Will. Beale and his wife. 
Erasmus James was engaged to pay in codfish delivered at Salem. 



122 SALEM QUARTERLY COURT [Nov. 

The town of Marblehead being presented for defect in a high- 
way, it was ordered that thirteen men mend and keep in repair 
the said way forever, and are exempt from the maintenance 
of all other highways in Marblehead. 

Phillip Fowler, for abusing Ed. Berry, owned the presentment, 
and was fined. 

Fines brought in by the Worshipful Major William Hathorne 
since 4 mo. 1672: 

Tho. Lyon, for stealing. 

Tho. Sowden and Robert Codner, for breach of the peace. 

Edward Dimon, George Godfery, Griffen Joanes, William 
Browne, James Meriott, Wm. Delemore, Thomas Owen and 
George Hardy were fined. 

Wm. Prosper, for swearing. 

Julian Viber and Moses Pearce, for defect in watching. 

Joseph Phippen, for abusing the marshal. 

Judeth Putney, for abusing the child of Samll. Williams. 

Justen John, for stealing, and Richard Cross, for receiving 
the stolen goods. 

Whereas Richard Adams was formerly to pay two bushels of 
corn per annum to the use of the company, court now released 
him from common training, he paying one bushel of Indian corn 
yearly. 



Execution, dated 28 : 10 : 1672, against Richard Rowland to 
satisfy judgment granted Thomas Powell at Salem court, 26 : 
9 : 1672, signed by Hilliard Veren,* cleric, and served by Henry 
Skerry,* marshal of Salem. Capt. Smith paid for Thomas Powell. 

Execution, dated Apr. 8, 1672, against Robert Glanfeild to 
satisfy judgment granted Daniell Rumboll at Salem court, Nov. 
28, 1671, signed by Hilliard Veren,* cleric, and served by Henry 
Skerry,* marshal of Salem, by attachment of Indian corn. 

Execution, dated 6:7: 1672, against John Leach, jr., to 
satisfy judgment granted Mr. John Emerson at Salem court, 
25 : 4 : 1672, signed by Hilliard Veren,* cleric, and served by 
Henry Skerry,* marshal of Salem, by attachment of two heifers 
delivered to William Sargon. 

Execution, dated 2:8: 1672, against John Godfery to satisfy 
judgment granted Daniell Clark at Salem court, 25 : 4 : 1672, 
signed by Hilliard Veren,* for the court, and served by Henry 
Skerry,* marshal of Salem, by attachment of cotton cloth de- 
livered to Daniell Ela. 

* Autograph. 



1672] RECORDS AND FILES 123 

Execution, dated 9:5: 1672, against Joseph Armitage to 
satisfy judgment granted to Mr. John Ruck at Salem court, 
27 : 4 : 1671, signed by Hilliard Veren,* for the court, and served 
by Henery Skerry,* marshal of Salem, who delivered him to 
Benjamin Felton, keeper of the prison. 

Execution, dated 29 : 9 : 1672, against Henry Leonard to 
satisfy judgment granted to John Safford at Salem court, 26 : 
9 : 1672, signed by Hilliard Veren,* for the court, and served by 
Robert Lord,* marshal of Ipswich, deputy for Henry Skerry,* 
marshal of Salem. 

Execution, dated 26 : 6 : 1672, against Edward Humber to 
satisfy judgment granted Capt. Georg Corwin at Salem court, 
25 : 4 : 1672, signed by Hilliard Veren,* cleric, and served by 
Henery Skerry,* marshal of Salem. 

Execution, dated 16 : 6 : 1672, against William Reeves to 
satisfy judgment granted John Day at Salem court, 28 : 9 : 1671, 
signed by Hilliard Veren,* for the court, and served by Henry 
Skerry,* marshal of Salem, by attachment of boards. 

Execution, dated 26 : 5 : 1672, against Anthony Ashby to 
satisfy judgment granted Mathew Price at Salem court, 26 : 5 : 
1672, signed by Hilliard Veren,* for the court, and served by 
Henery Skerry,* marshal of Salem. 

Execution, dated May 13, 1672, against John Smith of Charles 
Towne to satisfy judgment granted Mr. William Browne, sr., 
at Salem court, 28 : 9 : 1671, signed by Hilliard Veren,* for the 
court, and served by Henry Skerry,* marshal of Salem, who 
delivered wheat to William Browne,* according to the latter's 
order. 

Execution, dated Mar. 28, 1672, against Wm. Reeve to satisfy 
judgment granted Mr. Edmond Batter at Ipswich court, Mar. 
26, 1672, signed by Robert Lord,* cleric, and served by Henry 
Skerry,* marshal of Salem, deputy for Robert Lord,* marshal, 
by attachment of the new house frame of William Reeves. Ed- 
mond Batter* acknowledged, 14 : 9 : 1676, to have received of 
Robert Stone of Salem six pounds upon account of Wm. Reeves, 
and thereby released the attachment on the frame of the house. 
Wit: Hilliard Veren.* 

Execution, dated 27 : 9 : 1672, against William Neph alias 
Hodgneph to satisfy judgment granted Capt. William Gerrish 
at Salem court, 26 : 7 : 1672, signed by Hilliard Veren,* cleric, 
and served by Steven Webster,* constable of Haverill, deputy 
for Henry Skerry,* marshal of Salem, who attached land of said 
Neff purchased of Danll. Ela, and appraised by Sergt. John 
Johnson and Corpll. Jno. Haseltine, bounded as follows: at 
the northeasterly corner by a stake that stands near the highway 
that leads to Peter Ayers' house, thence along the highway to a 
black oak marked, thence by the highway that goes through 

* Autograph. 



124 SALEM QUARTERLY COURT [Nov. 

Neff's land up square with a red oak marked, standing in the land 
now laid out and thence to a white oak running to Tho. Davis' 
land, thence to a walnut tree of said Davis'. 

Report of a jury of inquest appointed upon the sudden death 
of Flouranc Whiteridg, late wife of Thomas Whitridg of Ipswich, 
on 2 : 6 : 1672, found her "axcesary to hir own death by stifling 
or Drowning hir selfe in the wattr." Signed by Tho. Fiske,* 
Robert (his mark) Cobrun, John Whipple,* John Dane,* William 
Rayner,* Thomas Lovell,* Philemon Dane*, Nathaniel Browne,* 
Branart (his mark) Thome, Fenill (his mark) Ross, John (his 
mark) Ross and Samuell (his mark) Kemball. 

Report of a jury of inquest, dated 29 : 4 : 1672, appointed 
upon the sudden death of John Soolart of Wenham, found him 
accessory to his own death by drowning himself on 29 : 4 : 1672. 
Signed by Tho. Fiske,* in the name of the rest, James Moulton, 
sr., Wm. Geare, Alexander Brauerder, Henery Kemball, Walter 
Fairefield, Marke Batchelder, James Moulton, jr., Wm. Fiske, 
Charles Gott, James Bette and Samuell Fiske. 

Births, marriages and deaths in Topsfeild in 1672, returned by 
John Redington,* clerk: 

Births, 1672: 
Zacheas, s. John and Sarah Gould, Mar. 26, 1671-2. 
Mary, d. William and Elisabeth Perkins, Apr. 4. 
Samuell, s. William and Rebecah Smith, Apr. 6. 
Elizabeth, d. James and Mary Waters, May 23. 
Daved, s. Philip and Hana Weltch, Aug. 27. 
Mary, d. John and Hana Pabodye, Apr. 6. 
Elisabeth, d. John and Elisabeth Ramsdell, Oct. 4. 
Thomas, s. William and Mary Howlet, Oct. 26. 
Thomas, s. Michall and Mary Dwenell, Nov. 20. 
Thomas, s. William and Hanah Averell, Dec. 9. 
Jerimiah, s. Mr. Jeremiah and Elisabeth Hubert, Dec. 16. 
Benjamen, s. John and Sara Cumings, Feb. 23. 
Nathaniel, s. Robert and Mary Smith, Sept. 7. 
Ame, d. John and Mary How, Mar. 6. 
Samuell, s. Edmond and Mary Towne, Feb. 11. 

Deaths, 1672: 
John Davice, Dec. 24. 
William, s. John and Sarah Cumings, Mar. 30. 

Marriage, 1672: 
Thomas Baker and Mrs. Presela Simonds, Mar. 26, 1671-2. 

Rowley births, 1672: 
Elizabeth, d. Joseph Horsley, June 18. 
Gershome, s. Thomas Nellson, July 11. 

* Autograph. 



1672] RECORDS AND FILES 125 

Elizabeth, d. David Benit's wife, Nov. 10. "but which it 
be a G or a B you will knowe when y e Court shall determen." 
Isacke, s. Jonathan Plats, Jan. 6. 
Bridgit, d. Nathanel Harris, Nov. 24. 

Rowley marriages, 1672: 

David Benit and Mary, the wife or widow of John Cheeny of 
Newbury, Apr. 29. 

Thomas Leaver, jr., and Dameris, daughter of James Bailey, 
May 8. 

Abel Plats and Lidia Bailey, May 8. 

John Clarke and Mary Poore, Jan. 10. 

Rowley deaths, 1672: 
John Dreser buried Apr. 29. 
Mistris Rainer buried May 7. 
Bridgit, wife of John Harris, buried Aug. 4. 
An, wife of Marke Pryme, buried Sept. 6. 
Mr. Anthony Crosbee buried Jan. 16. 

Topsfield births, returned by John Redington,* clerk: 

John, s. Philip and Hana Weltch, Nov. 27, 1670. 

James, s. John and Sarah Bredges, Jan. 3, 1670. 

, d. John and Dorkes Hovey, Feb. 20, 1670; d. Mar. 2, 

1670-1. 

Elesabeth, d. Thomas and Martha Andrews, June 16, 1671. 

William and Ebenezer, sons John and Sarah Cumings, Aug. 5, 
1671. 

Susanah, d. Joseph and Phebe Towne, Dec. 24, 1671. 

, s. William and Hana Averell, Jan. 26, 1671. 

Elizabeth, d. John and Dorkes Hovey, Jan. 18, 1671. 

John, s. John and Phebe French, Aug. 26, 1671. 

Mary, d. Isac and Mary Cumings, Feb. 16, 1671. 

Mary, d. Samuel and Sarah Howlet, Feb. 17, 1671. 

Joseph, s. Joseph and Bethiah Pabodye, Apr. 16, 1671. 

Amose, s. Thomas and Judeth Dorman, Mar. 14, 1671-2. 

Thomas, s. John and Dorytye Robison, Mar. 18, 1671-2. 

Samuell, s. Isaac and Mary Estie, Mar. 25, 1671-2. 

Topsfield marriage: 
William Howlet and Mary Perkins, Oct. 27, 1671. 

Andover births, 1672: 
John, s. John and Rebecka Farnum, Apr. 13. 
Josua, s. Josua and Elizabeth Woodman, Apr. 2. 
Ephraim, s. John and Hanna Stevens, May 1. 
Ellener, d. Joseph and Elizabeth Ballerd, Aug. 24. 
Christopher, s. Walter and Susanna Wright, Nov. 27. 

* Autograph. 



126 SALEM QUARTERLY COURT [Nov. 

Joseph, s. Nathaniell and Elizabeth Griffin, July 4. 
John, s. Samuell and Mary Fry, Sept. 16. 
Sara, d. Henry and Mary Engolls, Sept. 7. 
Margaret, d. Marke and Eliza Graves, Jan. 15. 
Steven, s. Steven and Eliza Johnson, Feb. 4. 
Dorathy, d. Joseph and Mary Marble, June 16. 
Jams, s. Thomas and Mary Johnson, Feb. 4. 
Samuell, s. Samuell and Susanna Preston, Mar. 16. 

Andover deaths, 1672: 
Mrs. An, wife of Mr. Simon Bradstreet, Sept. 16. 
Dorathy, d. Joseph and Mary Marble, June 30. 

Andover marriages, 1672: 
Samuell Preston and Susanna Gutterson, May 27. 
Allexander Sessions and Elizabeth Spaford, Apr. 24. 
Nathaniell Deane and Deliverance Heaselton, Dec. 12. 
Mr. Nathaniell Wade and Mrs. Maery Bradstreet, last of 
October. 
Samuell Wardle and Sara Hawks, widow, Jan. 9. 

"I haue paid Joseph Marble 8 s 7 d which he say hee haue paid 
you: but I suppose thear is not so much dew to you: besid this 
yeare: for there was 4 11 1-4 of hopps: I sent you this Last summer 
the which I doe question whether you haue it upon accounts: 
Ed. Fawkner.* 

Venire, dated Oct. 25, 1672, for Marblehead grandjury and 
trial jury men, and also summons to Richard Rouland to appear 
for being much distempered with drink, with Jams Watts and 
Jno. Meritt, as witnesses, signed by Hilliard Veren,* for the 
court, and served by Sam. Morgan,* constable of Marblehead, 
who returned the name of Mr. Deverix for the jury of trials. 
The grand juryman was also warned. 

Writ: William Browne, sr. v. Mr. Phillip Cromwell; for lay- 
ing a pretended claim and fencing in a parcel of plaintiff's land, 
lying at the south end of said Cromwell's land; dated 19 : 9 : 
1672; signed by Hilliard Veren,* for the court; and served by 
Henry Skerry,* marshal of Salem. Bond of Phillip Cromwell.* 

Venire, dated Oct. 25, 1672, for Lin grandjury and trial jury 
men, and also summons to Ezekil Needham for using the trade 
of a tanner and shoemaker contrary to law, with William Bassitt 
and Henry Collins, as witnesses, signed by Hilliard Veren,* for 
the court. No return made. 

Writ: Jacob Knight, attorney to William Bartrum v. Samuell 
Bennit; forfeiture of a bond of arbitration; dated Nov. 9, 1672; 
signed by John Fuller,* for the court; and served by Jeremiah 
Belchar,* constable of Rumlley Marsh. 

Writ: Mr. Phillip Cromwell v. Nathaniel Felton; debt; dated 

* Autograph. 



1672] RECORDS AND FILES 127 

18 : 9 : 1672, signed by Hilliard Veren,* for the court, and served 
by Henry Skerry,* marshal of Salem. 

Venire, dated 30 : 8 : 1672, for Wenham grand jury and trial 
jury men, also summons to James Moulton to appear as a wit- 
ness in the presentment of Beverly for not providing a school- 
master, signed by Hilliard Veren, * for the court, and served by 
John Abee, sr.,* constable of Wenham, who returned the names of 
Wiliam Fiske for the grand jury and John Bathelder, for the jury 
of trials. 

Writ: Henry Bennett v. Benjamyn Morgan; debt; dated 
Nov. 15, 1672; signed by Robert Lord,* for the court; and 
served by Phillip Fowler, deputy for Robert Lord,* marshal of 
Ipswich. Joseph Morgin, brother of Benjamyn, surety. 

W T rit: Mr. Samuell Shrimpton v. Mr. William Hollingworth ; 
debt; dated 14 : 8 : 1672; signed by Hilliard Veren,* for the 
court; and served by Henry Skerry,* marshal of Salem, by 
attachment of the brew house and land of defendant, which he 
bought of Mr. Curwithy, and the copper and mashfat and a 
great kettle. 

Writ : Mr. William Browne, sr. v. Nicholas Bartlett; debt; 
dated 19 : 9 : 1672; signed by Hilliard Veren,* for the court, 
and served by Henry Skerry,* marshal of Salem, by attachment 
of a chest, table and four joined stools, and left the summons 
with his wife. 

There was sold to Thomas Knoulton, in behalf of his brother 
William Knowlton, six acres of marsh near his land at 3s. per 
acre, if it be there to be had. Copy from the town book of Ips- 
wich by Robert Lord, cleric, and another copy made by Hilliard 
Veren,* cleric. 

Thomas and William Knoulton testified that their father 
told them and showed them that upon the west or northwest of 
his Island, he owned and had in his possession all the meadow to 
a creek called Harredines creek, until it went to a great rock 
below all the Islands to the riverward, and from the northwest 
side of that rock to the creek before named. Sworn, June 26, 
1663, before Samuell Simonds. Copy made by Hilliard Veren,* 
cleric. 

Edmond Marshall testified that he went down with his brother 
John Marshall and William Whitred to set out the bounds be- 
tween said John and William. The bound was to run in a line 
from a tree standing between the land of John Burnum and 
Richard Brabrooke butting upon a great rock at the lower end 
of six acres laid out to Robert Beachum, and said Whitred staked 
the bounds and said his land went no further than Harrendine's 
creek. Sworn, June 25, 1663, before Daniel Denison. Copy 
made by Hilliard Veren,* cleric. 

Thomas Knoulton testified that this land now in controversy 

* Autograph. 



128 IPSWICH QUARTERLY COURT [Mar. 

Court held at Ipswich, Mar. 25, 1673. 

Judges: Mr. Bradstreet, Mr. Symonds, Major Denison and 
Major Hathorne. 

Jury of trials: Lt. Appleton, Daniell Warner, Symon Tompson, 
John Addams, Tho. Burnam, Trist. Coffin, Win. Chandler, 
Tho. Hale, Jo. Pearson, Sam. Platts, Ezek. Mighill and John 
How. 

Jonathan Hart, in behalf of himself and sisters, children of 
John Hart v. John Peach, jr. For possessing, making use of and 

was part of the land he bought of the town in behalf of his brother 
William, and Robert Lord laid it out for him. Sworn, 30 : 7 : 
1662, in Ipswich court. Copy taken June 20, 1663, by Robert 
Lord, * cleric, and another copy made by Hilliard Veren,* 
cleric. 

Shu. Walker* and Daniell (his mark) Gage, deposed that 
being desired to appraise a mare which there was some ground to 
suspect had been killed the past winter, declared that she was 
worth 55s. 

Job Tylor's bill of cost allowed J. Hathorne, 10s. lOd. 

Mark Graves, aged about forty-nine years, deposed that 
"Sammuel Wats who hath sayd his nam is Sammuel messer" 
confessed that he sent a letter to Mr. Saulter, prison keeper at 
Boston, by deponent's son Abraham, to this purpose, that he 
should whip the bearer thereof and that it was judged by court 
and commonwealth that he deserved it. 

Elizabeth Graves, aged about thirty years, wife of Mark, and 
Mary, his daughter, deposed the same. Sworn, 29 : 2 : 1672, 
before Simon Bradstreet,* assistant. 

Abraham Graves, aged about twenty-two years, deposed that 
the letter requested that Mr. Saulter should whip him with two 
new withes and send him home for he had not been in his father's 
house for six weeks. Also that at the close of the letter he called 
himself "Umphery Piltale." Sworn, 29 : 2 : 1672, before Simon 
Bradstreete,* assistant. 

"this mem° hath ben demanded at Andever fiue times," by 
William Pricet, Thomas Hort and Thomas Rooll. 

John Norten's bill of cost, 13s. 6d. 

"Att A Generall Court held at Boston 15 th may 1672. This 
is to Certify that w m Ellery & Thomas Pymey of Glocester were 
then Admitted to y e freedome of this Collony as Attest Edward 
Rawson,* Secretary." 

Bond of Richard Shatswell,* dated Apr. 25, 1672, for the 
prosecution of an action against Kaleb Kemball. 

* Autograph. 



1673] RECORDS AND FILES 129 

withholding a dwelling house. Verdict for plaintiff, a legal 
possession.* 



*Writ: Jonathan Hart of Salem, in behalf of himself, and his 
sisters Elizabeth, Sara, Deborah and Florence, the only children 
and heirs of John Hart and Florence, his wife, formerly of Mar- 
blehead, deceased v. John Peach, jr.; for possessing and with- 
holding a dwelling house and land of his said father's, the land 
containing about six acres, being about one acre of upland and 
salt marsh which is about the house and five acres near Devorixes 
point; dated Mar. 18, 1672-3; signed by Hilliard Veren,f for the 
court; and served by Henry Skerry,f marshal of Salem. Bond 
of John Peach, jr.,f John (his mark) Peach, sr., and John 

Legg.f 

Jonathan Harte's bill of cost, 2h. lis. 2d. 

Copy of record of the Salem court, 26 : 4 : 1656, concerning 
the settlement of John Hart's estate, and copy of the inventory. 

Deed, dated Mar. 8, 1661-2, George CorwinJ of Salem, mer- 
chant, having full right and interest in the estate of John Hart, 
some time of Marblehead, seaman, by order of the County court, 
to John Peach, jr., of Marblehead, fisherman, for 331i., one dwell- 
ing house with a house lot belonging, containing half an acre, 
with one acre of salt marsh adjoining, lying in the little harbor, 
with five acres of upland near Devereuxes point, also liberty of 
one cow's lease and a half in the common, formerly in possession 
of John Hart, in Marblehead. Wit: Edw. Noricef and William 
(his mark) Barton. 

Letter of attorney, dated Mar. 1, 1672-3, given by Edward 
Flint,! Jeremiah Neall,t Joseph (his mark) Morgin§ and John 
Trask| to their loving brother-in-law Jonathan Hart of Salem. 
Wit: Matthew Woodwellf and John Swinnerton.f 

John Cooke deposed that he was at Marblehead on Feb. 20 
last and went with Jonathan Hart of Salem to the house where 
John Peach, jr., lived, who said that he got the house from Capt. 
Corwin, who secured it by execution, and that Goodman Charlse 
gave him possession. Jonathan Hart said "Goodman peach you 
know this house & Land was my Fathers he said I know it was, 
y* s d Jonathan Hart said Goodman peach I command you to go 
out of doors & giue me posestion. He answered he would not 
win it & wear it." Sworn, 19 : 1 : 1672-3, before Wm. Hathorne,t 
assistant. 

William Buckly, aged about fifty-six years, deposed the same. 
Sworn, 19 : 1 : 1672-3, before Wm. Hathorne,f assistant. 

Robert Knight, aged fifty-eight years, deposed that the land 
and house in controversy with the five acres toward the ferry 
adjoining the land of Wm. Charlse, deceased, belonged to John 

t Autograph. J Autograph and seal. § Seal. 



130 IPSWICH QUARTERLY COURT [Mar. 

Steephen Hasscott v. Henry Lenard. Debt. Withdrawn. 

Ambrose Makefashion, partner with John Ramsdell, and by 
his order or attorney v. Henry Lennard. Debt. Verdict- for 
plaintiff. Mr. Lenard desiring the court to consider the equity of 
his case, after the verdict of the jury against him, which the court 
heard, and they judged that the defendant had been very much 
damnified in respect of the measure of the loads of coals which 
by agreement should have been twelve quarters per load whereas 
it appeared by testimony that the coal cart would not hold above 
sixty-eight bushels. Court abated 201i. Defendant appealed to 
the next Court of Assistants, and was bound, with Ensigne 
Thomas Chandler and Anthony Carrell as sureties.* 



Hart, etc. Sworn, 19 : 1 : 1672-3, before Wm. Hathorne,f 
assistant. 

Moses Mavericke, aged sixty-two years, deposed that he was 
one of the appraisers of the estate of John Hart, etc. Sworn, 
19 : 1 : 1672-3, before Wm. Hathorne,f assistant. 

*Writ, dated 11 : 1 : 1672, signed by John Redington,f for the 
court, and served by John How,f deputy marshal of Ipswich, by 
attachment of the coals that lie by the coalhouse at the works 
at Rowly Village. 

Henry Leonard's bill of cost, 31i. 16s. lOd. 

James Car deposed that on Mar. 22, Mr. Leonard desired him 
to go and see the coal cart measured and "it held 68 bushells one 
heapt & y e other stroock & the cart was full up to the top further 
I being Imployed by Ens. John Gould to Cart the Coles from 
Ambros Mackfation & John Ramsdell to y e Iron worcks in Row- 
ley villiag Mr. Leonard did speack to me to bid y* 5 said mack- 
fation & John Ramsdell send in better loads & less brands or els 
knock ofe & Cole noe more sometimes the Cart was filled strick 
full & some times more & som times less then strick full & to y e 
best of my Judgment I receiued the best loads when Robart 
Bates filed y 6 Cart & when ther was not coles enuf to fill the cart 
at one pit Ambros would not fill it full becaus of the shacking of 
the cart in remoueing to another & when I saw y* he did not fill 
the Cart I would bid him mend his hand he would say the cart 
was full enugh & when he would put in noe more then I would 
driue away y e Cart & seuerall times when y e cart hath come to 
y e works the cart hath been litell more then halfe full." Sworn 
in court. 

Ambros Mackfation, Dr., by Mackam Macallam, 151i. 14s. 
6 l-2d.; by Robart Bates, 61i. 12s.; 1 C. bar Iron to Daniell 
Black, Hi. 4s.; 14 C. of bar Iron, 161i. 18s. 3d.; by John Bridges, 

t Autograph. 



1673] RECORDS AND FILES 131 

Hi. 5s.; by severall things he had himself & for other people, 
10K. 7s. 2 l-2d.; total, 621i. Is. 

Jno. Ramsdell, Dr., by Jno. Comins, 1 C. 2 qr. bar Iron, Hi. 
16s. ; 10 C. 3 qr. bar Iron, 121i. 18s. ; by 1 C. 2 qr. 21i. bar Iron 
dd. Abraham Redington, Hi. 16s. 6d.; 2 qr. bar iron, 14s.; by 
severall partickulers, 81i. 18s. Id. ; total, 261i. 2s. 7d. 

James Hanscombe's* receipt, dated 11 : 9 : 1672, to Jno. 
Ramsdell and Ambros Mackfation, for 478 loads of coals at 6s. 
per load. 

William Doule, aged about thirty-two years, deposed that he 
heard Mr. Henry Lenard say about the time Mackfaston and 
Ramsdell were finishing the work in ''colling the said Lenords wood : 
that the aforsaid colyers had coled all the wood that he the said 
Lenard had delivered them in this yer, it being some time in the 
eaight month 1672." Sworn in court. 

Agreement, dated May 17, 1672, between Henery (his mark) 
Lenard and Ambros Mackfation and John Ramsdell "to Cole 
all the old wood & the new y* shall be cut & tacken in this yeare 
for & in consideration of the some of six shillings p r load to be 
paid unto the said mackfation & Ramsdell by m r Lenard and 
the said Ambros Mackfation & John Ramsdell doth ingaig them 
selue to mack good firme & substanchall Coles & to deliuer unto 
the said M r Lenard at the pits good loads containing euery Load 
twelue quarters theire at the pits & their pay to be made in goods 
or bar Iron which they haue most need of & five pounds of the 
pay to be paid in barr Iron at money pric that is to say eighteen 
shillings p r hundered & further the said m r Lenard doth promise 
unto the said Mackfation & Ramsdell to prouide for them such 
goods or Iron as they shall stand in need of to pay worckmen to 
carrion the worck & for what shall be required when the coles 
are all sent in the said Mackfation & Ramsdell within three 
weecks after the last load of Coles is at the Cole house & the 
last of y 6 wood to be deliuered unto y e said mackfation & Rams- 
dell some time in June next insuing." Wit: Anthoney (his 
mark) Carrell and James Hanscombe.* 

William Doule, aged about thirty-two years, and John Everet, 
aged about twenty-six years, deposed that Mr. Henery Lenard 
was living at the Iron works in Rowly Villag and had ten cords 
of wood that lay in such a place that it could not be coaled, but 
he said he was to cart it to some more convenient place. He 
disappointed the wheeler by not carting it and had it carried 
home to burn. Sworn in court. 

Robert Baites deposed that Mr. Leonard said it was a pretty 
honest load when said Ambross filled the cart, etc. Sworn in 
court. 

John Putnam aged forty-four years, deposed. Sworn in court. 

Samuell Lenord and Nathanill Lenord deposed. Sworn in court. 

* Autograph. 



132 IPSWICH QUARTERLY COURT [Mar. 

Wm. Cogswell v. Samuell Morgan. Verdict for plaintiff.* 
Wm. Hollingworth, attorney to Richard Parker of London v. 
John Chickly of Boston. Forfeiture of a bond. There being 
no power in the letter of attorney to make another attorney, and 
said Hollingworth not being present, the case was nonsuited. 

Roburt Lord and James Hanscombe deposed that Henry 
Leonard asked them to go into the woods where Ramsdell had 
coaled the year before, and they found a great many brands at 
several pits, and at every pit some wood left. Also they saw 
several rancks of wood left standing that were not coaled and 
one piece of coals left, in all about a load of them. There may 
be half a cord of wood left at a pit and one whole pit left standing 
in the woods not set nor coaled. They judged there might be 
in all between thirty and forty cords. Sworn in court. Copy 
made by Robert Lord.f 

Robart Bats deposed that he worked on the carts seven weeks, 
etc. Sworn in court. 

John Goold deposed that he was present when Mr. Leonard's 
clerk, James Hanscom, reckoned with Mackfashon, and there 
was due to the latter about 431i. Sworn in court. 

Thomas Wenmar testified. Sworn in court. 

Edmond Bridges deposed that Mackfation sold him a small 
part of a pit that he had coaled, about a load or two, for two 
quarts of cider. Sworn in court. 

Edmond Bridges, jr., and John Gould deposed that Leonard 
said they had coaled all his wood except some that stood in water 
and some that was in rocks whence it could not be wheeled. 
Sworn in court. 

Samuell and Nathaniell Leonard deposed. Sworn in court. 

John How deposed. Sworn in court. 

James Hanscombe deposed that Leonard complained that 
the loads were small, etc. Sworn in court. 

John Everard deposed that Leonard said to bring in better 
loads with fewer brands. Sworn in court. 

* James White, aged thirty years, testified that he was at work 
for Mr. Cogswell sawing timber for staves and Samll. Morgan 
came to look at a parcel of staves that Cogswell had promised 
him. Morgan said that they were very good staves and if the 
rest were like those, he would take them without culling them. 
As they came homeward Cogswell showed him other staves and 
heading which Morgan liked better than those he had at first 
seen, about 7,000 in all. The price was 40s. per thousand then 
and several years before at Chebacco river. Sworn, Mar. 25, 1673, 
in Ipswich court. 

t Autograph. 



1673] RECORDS AND FILES 133 

Anthony Carrell v. Thomas Baker. Review. Verdict for 
defendant.* 

*Writ: Anthony Carrill v. Thomas Baker; review of a case 
tried at Ipswich court, concerning the title of land which Baker 
pretended he bought of Carrill, on the south side of Ipswich river; 
dated 20 : 1 : 1672-3; signed by John Redington,t for the court; 
and served by John Hovey,f constable of Topsfield. 

Copy of the papers in a similar action in Sept., 1669, taken 
from Ipswich court records by Robert Lord,f cleric. 

Copy of deed, dated Jan. 26, 1663, from Anthony (his mark) 
Carroll of Topsfield, tailor, to Thomas Baker of Topsfield, hus 
bandman, all right in the common belonging to the land which I 
bought of Zacheous Gould in Topsfield, on the south side of 
Ipswich river. Wit: John Perly and John Gould. Recorded 
Sept. 8, 1669, by Robert Lord,f recorder. 

Copy of the record of a town meeting, 14 : 10 : 1661, made 
24 : 7 : 1669, by John Redington,f clerk: "The names of the 
Commoners y* shall share in it," Mr. Endecoate, Mr. Bradstreet, 
Mr. Perkins, Zacheas Gould, Mr. Baker, Thomas Dorman, Fran- 
ces Pebodie, Wille Evens, Daniell Clarke, Isack Cumings, sr., 
Isack Cumings, jr., Ensigne Howlet, William Smith, Frances 
Bates, John Wiles, John Redington, Tho. Perkins, Jacob Towne, 
Isack Estye, William Towne, Edmond Towne, Matthew Standly, 
Tho. Browning, Anthony Carell, John How, Edmond Bredges, 
Wille Nichols, Uselton's lot, Lumpkins farm, and Robert Andrews 
land. 

"It is also ordered that all the Commonares in the towne shale 
haue a share In the Comon on the other side of the Riuer with 
the timber which is to be deuided acording to the Rule as is here 
expresed namli all those which pay to the ministers Rate made 
in the yeare 1664 fifte shilings and upward shal haue on of the 
grater shars and all under fiftie shilings to twenti shall haue a 
midel share and all under twenti shilings on of the least shares 
Voted." Copy made from the town records of Topsfield, Mar. 
20, 1672-3, by Frances Pabody.f 

Wm. Averill, collector of rates, certified, Sept. 20, 1669, that 
on Nov. 12, 1664, Anthony Carrall was rated lis. 1 l-2d. for the 
minister's rate. Copy made, Mar. 26, 1673, by Robert Lord,f 
cleric. 

Copy of deed, dated May 21, 1663, Anthony (his mark) Carrell 
of Topsfeld and wife Katerane, in consideration of ten acres 
in Ipswich lying near the river commonly called Egept river, 
with house and barn, to Luke Waklinge of Topsfeld, 20 acres 
in Topsfilld, bounded on the southwest upon land of Francis 
Battes, northwest upon a swamp, northeast upon Topsfeld com- 

t Autograph. 



134 IPSWICH QUARTERLY COURT [Mar. 

mon, southeast by a highway, reserving that part of common 
belonging to this land, "but before the sineng and sealle it 
was parsaiued that that was halfe the madow whish was bought 
of goodman Gould ometed the saied Antony saling it with the 
other land to luke wakling." Wit: Philip Nellson and Robert 
(his mark) Smeth. Copy made by John How.* 

John Gould deposed that he was one of the men appointed 
to lay out the land on the south side of Ipswich river, and they 
laid out to every man as was ordered in the town book according 
to the house lots and the grant of the town in 1661. They did 
not know of any land that was granted to John Juat by 
Topsfeild. Lt. Pebody testified to the same. Sworn in court. 

Sarah Gould testified that Antony Carell was at their house 
discoursing about the land and said that he would never hinder 
Thomas Baker from his share for he paid dear enough for it. 
Sworn in court. 

John How testified that Goodman Comins desired that there 
might be a share laid out to his son John Juet's lot, and it was 
denied him. Sworn in court. 

William Smith deposed that Anthony Carrell told him that 
he had sold all his right to Thomas Baker for 30s. and that the 
lot layers might do what they would, he had nothing to do with 
that, and he advised deponent to sell his share, for, he said, de- 
ponent had better get a little than nothing, for he was confident 
that it would never be divided. Sworn in court. 

John Baker, jr., deposed that he heard his brother Thomas 
demand the lot and Carrell refused to deliver it. Sworn in 
court. 

Abraham Redington, aged fifty-eight years, deposed that at 
a lawful town meeting at Topsfield, there being some agitation 
about common land, they agreed to establish the common land 
upon the present inhabitants and thereupon recorded it. No 
man objected to it but Goodman Dorman, who said "shal that 
poore man goodman Carreell Com to you Cape in hand for com- 
an, And theer was none granted to that land." Sworn in court. 

John Cummings, aged forty years, deposed. Sworn in court. 

Daniell Blacke deposed that being an inhabitant of Topsfeild 
in the year 1661, etc. Sworn in court. 

John Willed testified that he was one of those appointed to 
lay out the land and they laid out a share for Antony Carell by 
virtue of living in the house that he had sold to Luke Wakle, 
which he bought of old Goodman Gould, etc. Sworn in court. 

Isaacke Cumings, aged seventy-two years, deposed. Sworn in 
court. 

John How testified that the land that Lucke Waklen now lives 
upon is the land, etc. Sworn in court. 

Evan Morris deposed that there was no house upon that land 

* Autograph. 



1673] RECORDS AND FILES 135 

Robert Lord, by order of the selectmen of Ipswich, in behalf 
of the town v. Thomas Wood. Trespass. Nonsuited. 

John Godfry v. Abraham Whitaker. Debt. Verdict for 
plaintiff. 

Thomas Bishop v. Francis Wainwright and Samuell Young- 
love, administrators of the estate of Cornelious Kent. Verdict 
for plaintiff. The administrators were discharged.* 

which Anthony Carrill bought of Zecheos Gold, when said Carrill 
bought the lot where Luk Waklin lives. 

John How deposed that the lots given on the south side of the 
river were denied to some who had not improved their lands at 
that time. Sworn in court. 

Thomas Bishop v. Francis Wainwright and Samuell Young- 
love, sr., joint administrators of the estate of Cornelius Kent; 
for refusing or not paying the remainder of a debt due for rent 
of a farm, which was to be paid by Feb. 1, 1671; dated Mar. 20, 
1672-3; signed by Robert Lord,f for the court; and served by 
Theophilus Wilson, f constable of Ipswich. 

Nathanell Rustf of Ipswich, certified, Mar. 21, 1672-3, that he 
was satisfied by Samuell Younglof for the debt Cornalous Kent 
owed him. 

James Ford deposed that there were but three yearlings ap- 
praised in the inventory and there were four carried away by- 
Jacob Perkins, which he supposed was by his father's order. 
Also that Cornelius Kent carried away 130 rails from the farm 
and 20 five-hole posts contrary to agreement with Thomas Bishop. 
Sworn in court. 

Thomas Knoulton testified that before Cornelius Kent was 
buried, he told Younglove that he owed Kent for a bushel and a 
half of Indian corn, which said Younglove desired him to dis- 
count with him for so much as the latter owed deponent. After- 
wards Mr. Wainwright demanded the same debt. Sworn in 
court. 

James Ford deposed that he was at Goodman Younglove's 
house the day Kent died, and said that he supposed Kent owed the 
greatest debt to Thomas Bishop, etc. Sworn in court. 

John Pinder, aged about forty-two years, deposed that he 
heard Thomas Bishop ask Samuell Younglove, sr. why he did 
not put his debt that Cornelius Kent owed him into the inventory, 
and he answered because he thought said Bishop would put it 
in, etc. Sworn in court. 

Edward Neland deposed that he told Younglove that Kent 
owed Bishop seven or eight pounds for the rent of the farm. 
This was before the inventory was proved. Sworn in court. 

t Autograph . 



136 IPSWICH QUARTERLY COURT [Mar. 

Receipts of Henery Archer,* John Brewer,* Thomas Knoul- 
ton,* John (his mark) Choate, Samll. (his mark) Pod, James 
(his mark) Sawyer, Wm. (his mark) Damford, Darkis (her mark) 
Pettis, Killicress (his mark) Ross, William Goodhue,* Elesebeth 
Solart,* Tho. Clarke, sr.,* William Hayward,* Elizabeth (her 
mark) Newman, Jno. (his mark) Ring, John Dane* and William 
(his mark) Benit, for debts due from the estate. 

Agreement, dated Mar. 13, 1670-1, between Cornelius (his 
mark) Kent and Thomas Bishop, the latter, with consent of his 
mother, let said Kent the farm where he now lives from Apr. 16, 
1671 to Apr. 16, 1672, rent of 231i. 10s. to be paid at the now 
dwelling house of Margaret Bishop in Ipswich, in wheat, barley, 
Indian corn, pork, butter and cheese. Wit: Tho. Andrews* 
and Killecrist (his mark) Rosse. It was further agreed that 
Kent was to have four oxen, to be returned in good condition, 
but if he lent them, abused them for want of fodder or in any 
other way, he was to make them good. Also that he was not 
to carry away any of the hay nor sell it to any other. Thomas 
Bishop's* receipt for 161i. lis. 6d. of the amount due. 

William Durgye testified that the administrators carried away 
four yearlings when there were but three in the inventory and 
an ax was not included in the inventory. Sworn in court. 

Cornelius Kent, Dr., to Samuel Younglove, sr., £12; Decon 
Goodhue, £3. 10s.; Goody Solart, £1. 6s. 4d.; Dorracas Pettis, 
£2. 15s.; Deacon Knowlton, £1. 12s. 10s.; Goodman Archer, 
£1. 5s. 4d.; Goodman Rawse, 15s.; Goodman Danford, 15s.; 
Goodman Podd, £1. 15s.; Mr. Newman, £1. 10s.; Goodman 
Ring, 6s.; Goodman Choat, 15s.; Goodman Rust, 3s.; Good- 
man Howard, 8s.; Goodman Bennet, 6s.; Goodman Dane, 9s.; 
Goodman Sayer, 10s.; Fran. Wainwright, £8. 13s. 10d.; Mr. 
Wilson, 13s. 9d.; Seargt. Clark, 8s.; John Brewer, 5s.; Richard 
Swan, £1; administration charges, £1; to Nathaniel Brown 
and Wm. Durgy, for appraisement, 8s.; balance remaining, 
Mar. 26, 1673, £1. 15s. 9d.; total, £45. 15s. lOd. 

Creditor, by the inventory, 4 Swine, £4; 3 yearlings, £3, 19s.; 
3 Cows, £13; 1 heifer, £2. 10s.; 1 Iron harrow, 14s.; 3 Tubbs & 
a churn, 12s. 6d.; 1 chair, 2s. & 1 trammell, 5s. 6d.; 1 messing 
Tubb, 8s.; 1 bedsteed, 14s.; Linen & a green Apron, £1; 1 Jacket, 
wascoat & pair of Breeches, £2. 12s.; 1 par. bandileers, 2s. 6d.; 
clothes of his wife's & Drawers, £1; 1 rugg & blankett, 30s., 
& bed & sheet, 10s.; 2 chaires, 4s. 6d.; 1 chest & box, 8s. 6d., 
1 pott, lis.; 1 shirt, 8s.; 1 how, 8s.; 1 pair breeches, 5s.; 1 old 
Jackett, 3s.; 3 barrells, 6s.; 1 Shirt & neckcloth, £1; 1 yard of 
cotton cloth, 2s.; 1 woollen wheel, 4s.; 1 little table, 4s.; Shore- 
born Wilson Indebted, £1. 10s.; 1 musket, £1. 4s.; 1 horse, £5.; 
total, £44, 9s. 6d. For one yearling more then was in inventory, 
Hi. 6s. 4d. 

* Autograph. 



1673] RECORDS AND FILES 137 

Thomas Knowlton v. John West. Verdict for plaintiff.* 
Samuell Bishop and Margaret Bishop, executors of the estate 

of Thomas Bishop v. John Tod. Verdict for defendant, f 

Mr. Francis Wainwright v. John Griffing. Debt. Withdrawn. £ 
Mr. Francis Wainwright v. Wm. Nellson. Debt. Verdict 

for plaintiff. Damages in wheat, barley and pork. 

Mr. Francis Wainwright, assignee of Tho. Harris, executor 

of the estate of Margret Lake v. Joseph Leigh. Debt. Defend- 

Copy of the inventory of Cornelious Kent made by Robert 
Lord,§ cleric. 

*Writ: Thomas Knolton v. John West; for the said West 
at Salem court in June, 1669, obtaining judgment against said 
Knolton and levying an execution, notwithstanding that said 
Knolton was ready to pay the said West according to covenant 
long before the suit began, etc.; dated Mar. 18, 1672; signed by 
Daniel Denison,§ for the court; and served by Henry Skerry,§ 
marshal of Salem. Bond of John (his mark) West. 

Thomas Wells deposed that he hired William and Samuell 
Knoulton to saw several hundred oak planks. The stuff was 
provided for them, and when they entered upon the work they 
spoiled much and acknowledged that they could not do the work. 
Sworn in court. 

f Writ : Margret Bishop, executrix of her late husband Thomas 
Bishop's estate and Samuell Bishop v. John Tod; for not paying 
his part of 1301i. as appeared by bond wherein said Thomas 
Bishop and John Tod were engaged jointly and severally to 
Mr. Edward Rawson; dated Mar. 20, 1672; signed by Robert 
Lord,§ for the court; and served by John Johnson,§ constable 
of Rowley, by attachment of cattle and land in the northeast 
field. 

Bond, dated Sept, 27, 1670, Thomas Bishop || and Jno. Tod|| 
to Edward Rawson, attorney to Mr. Jno. Knoules of London, 
minister of the Gospel, from the beginning of 1668, by bill of 
exchange from Rich. Saltonstall, Esq., in merchantable fish, for 
130 pounds in money; the conditions were that they pay said 
Rawson in Boston the 130H. either in Muscavadoes sugar or in 
New England silver. Wit: Moses Noyes§ and Abraham Bus- 
by.§ Edward Rawson's§ receipt, Apr. 15, 1671, to Mr. John 
Hubbard in behalf of Mr. Wm. Hubbard, his father, for 501i. 
in silver in part payment, also another in June for 801i. 

t Letter of attorney, dated Mar. 24, 1672-3, from John Griffing || 

of Bradford to his uncle Clark of Haverhill. Wit: Andrew 

Grele§ and Robert Clement.§ Acknowledged, Mar. 21, 1672-3, 
before Nath. Saltonstall, § commissioner. 

§ Autograph. || Autograph and seal. 



138 IPSWICH QUARTERLY COURT [Mar. 

ant acknowledged judgment to Mr. Wainwright, to be paid in 
malt, pork and Indian corn. 

Richard Rowland v. Thomas Powell. Defamation. With- 
drawn. 

John Morrill v. Peeter Rogers. Debt. Verdict for plaintiff. 

John Wild acknowledged judgment to Mr. Francis Wainwright, 
to be paid in wheat, barley, pork or bar iron at 20s. per hundred. 

John Ayres of Haverill acknowledged judgment to Mr. Francis 
Wainwright. 

Edward Clarke of Haverill, attorney to John Griffing, ac- 
knowledged judgment to Mr. Francis Wainwright. 

John Kelum acknowledged judgment to Mr. Edmond Batter. 

Thomas Hobbs acknowledged judgment to Mr. Symon Brad- 
street, to be paid in his house and land. 

Sarah Warr declared that she had put her son Josiah to Ens. 
John Gould until he came to the age of twenty-one, and the 
court approved of it. 

Ezekiell Woodward was licensed to keep ordinary at Wenham 
for a year, also to draw liquors for a year. 

Thomas Judkins had his license renewed for a year, also his 
license to draw liquors for a year. 

Mr. Peeter Duncan was licensed to keep ordinary in Gloster 
for a year, also his license to still and draw liquors was renewed, 
provided he let not any townsmen drink liquors in his house. 

Hugh Marsh had his license renewed for a year, also his li- 
cense to draw liquors. 

Evan Morice was released from training, paying 3s. yearly 
to the use of the company, if the company of Topsfield required 
it. 

John Newmarsh was released from training, paying 6s. a year. 

John Newman was released from training, paying 5s. a year. 

Thomas Knowlton, for talcing a sack of meal out of the mill, 
was sentenced to pay treble damages.* 

*Samuel Hunt and Elizabeth, his wife, testified that they 
went down one night to Nathanil Browne's house, passing by 
Goodman Younglove's orchard until they came to the corner 
where they turned off to the house. They were thinking of 
nobody much less Thomas Knoulton, but turning by the corner 
post of the house, there stood a person leaning against the house 



1673] RECORDS AND FILES 139 

The town of Topsfield was fined for not providing a stock of 
powder and bullets, and was ordered to provide it within a month 
upon penalty of 51i. 

Symon and Sam, Indians, for stealing an Englishman's horse 
and riding much to the damage of the owner, were to be whipped 
and pay 51i. to Samuell Gyls. 

Robert Crose, presented from Salem, for excessive drinking 
and breach of th3 peace, was fined. 

Susan Jordon dying intestate, court granted administration 
upon the estate to Abell Merrill, her youngest son. 

Wm. Geare dying intestate, administration of the estate was 
granted to Triphany Geare, relict, and the ordering of the estate 
is recorded with the inventory. 

Mr. Antipas Newman of Wenham dying intestate, adminis- 
tration upon his estate was granted to Mrs. Elizabeth Newman, 
relict. 

Mr. Baker had his license renewed for a year and also his 
license for liquors. 

close to the windows. They saw it was Thomas Knowlton, and 
deponent asked him if the man was at prayers and his wife asked 
if he was in bed. Knowlton answered no and went away. Then 
they went in and there was Shore Willson and Joseph Lee in the 
house but Goodman Willson presently went out. Sworn in 
court. 

Freegrace Norton testified that the mill was broken open and 
a bag of Deacon Goodhue's with about a bushel and a half of 
meal was taken out of the mill. The bag was found in Thomas 
Knowl ton's hand about five weeks later. Deponent did not 
know of any corn said Knowlton ground, but since that time 
upon information of Edward Chapman, who ground in depon- 
ent's place when he was absent, and nobody else ground for him, 
said Knowlton had had about half a bushel per week ground. 
Sworn in court. 

Samuell Hires, sr. and Samuell Hires, jr., deposed that Samuel 
Younglove, jr., came to their house about ten days ago and 
spoke about the difference between himself and Knolton. Good- 
man Hires said that he had examined the boy Joseph and he 
stood to maintain the words with which Knolton had charged 
said Yonglove, namely, the divil, imp, hell hound and a limb of 
the divil. Younglove said, "what if I did say soe, the words 
were common words and frequent words and any Body might 
say so." 



140 IPSWICH QUARTERLY COURT [Mar. 

Edward Hassen had his license renewed for a year, also his 
license to draw liquors. 

John Stone of Beverly was licensed to keep ordinary for a 
year, also to sell liquors. 

Francis Wainwright had his license renewed for a year. 

Samuell Bishop had his license renewed for a year. 

John Acie and Jonathan Platts surrendered a deed to Mrs. 
Prudence Crosbie, which deed Mr. Anthony Crosbie made to 
them, dated Feb. 14. 1665 and recorded Oct. 6, 1666. 

John Thomas, for attempting the chastity of Elizabeth Bassett 
and running away from his master, Mr. Daniell Epps, was fined 
and was to be imprisoned until the fine be paid. He engaged 
to serve his master Epps a year and a half after his time is out> 
whereby his master paid the fine to free him from prison. 

Ens. John Gould had his license renewed for a year. 

Wm. Dodge, for abuse in John Soolart's house concerning 
Lewis Lapford, was ordered to be whipped or pay 41i. in money. 

The constable of Wenham made return of the goods of Abra- 
ham Martin that he had seized, and court ordered the treasurer 
to take lOli. 

There being a verbal will presented to this court of Thomas 
Whitridge, deceased, court granted administration of the estate 
to Samuell Morgan and Richard Norman. 

Ruth White, relict of Thomas White of Wenham, having 
administration granted her at Salem court, Ens. Tho. Fiske and 
Walter Fairefield were appointed to examine the debts, and 
such as were clear to be allowed, and such as were doubtful to 
present to the court at Salem. No debts were to be paid until 
the whole estate was proportioned. 

Francis Plumer dying intestate, administration upon the estate 
was granted to his son Samuell, who gave bond for 5001i., with 
Wm. Sawyer as surety. 

Mrs. Prudence Crosbie, administratrix ot the estate of her 
late husband Mr. Anthony Crosbie, brought in an inventory 
amounting to 3801L clear estate. There being three children 
left, court ordered the estate as follows: to the widow, 18011., 
to the eldest son, lOOli., and to the other two children 5011. each, 
the children's portions to be paid out of the land at the age of 
twenty-one years. 

Administration having been formerly granted of the estate 



1673] RECORDS AND FILES 141 

of Benjamin Gage to Prudence, relict of said Gage, she brought 
in an inventory amounting to 1701L clear estate, and there being 
one child left, court ordered as follows: to the widow 901i. and 
to the child 801i., 601i. of it to be paid out of the land at the age of 
twenty-one years, as it was valued in the inventory. In case the 
widow married, she was to give security for the payment of the 
other 201L, she to have the use of the estate until he become of 
age. 

There being a fine of 51i. set by this court upon the 
town of Topsfield for not providing a stock of powder and am- 
munition, court ordered that said town pay 50s. to Ens. Jo. 
Gould for his loss by the escape of a prisoner that broke prison 
at Salem. 

John Clarke complained against John Chubb for abusing his 
servant, striking him on the Lord's day in the meeting house. 

Frances Thurlay, presented for striking his brother Thomas 
Thurlay and flinging stones at him, one of which hit him, was 
fined. 

Peeter Leycros, Jonas Gregry and Symon Wood, for stealing 
and receiving five gallons of wine from Mr. Hubberd, were or- 
dered to pay 51i.* 



*Examination of Peter Le Cras taken Jan. 10, 1772, before 
Daniel Denisonf: that last Monday night he carried a gallon 
bottle of wine, which he drew in his mistress' cellar, to the house 
of Jonas Gregory, that the bottle was Gregory's, and the wine 
was drunk by the company, Gregory, Nath. Emerson, Arthur 
Abbot and a negro; that he sold to Simon Wood one gallon of 
wine which he took out of his mistress' cellar, also three gallons 
more which was drunk by said Wood, who was there three times, 
also Nath. Emerson three and Rich. Pasmore once; that he did 
not tell Gregory where he got the wine; that Simon Wood prom- 
ised him a bushel of pease or malt for the gallon of wine he had 
and that he knew where he took the wine and advised him to 
get it and carry it to Gregory's because it was a private house 
that he also carried a gallon bottle with about a pottle of wine 
in it to Sarah Roes, in all about five and a half gallons, within 
a month; also within a month he took an ax from Goodman 
Woodward's yard which he sold to Wood for 4s., which is not 
paid, and which Wood sold to Gregory for a bushel of pease or 
malt; also about two months ago he had a glass bottle full of 
wine out of his master's cellar which he put in his chest where 

t Autograph. 



142 IPSWICH QUARTERLY COURT [Mar. 

Peeter Leycros and Symon Wood, for stealing one gallon of 
wine from Mr. Wm. Hubbard, were ordered to pay him 20s.* 
Peeter Leycros, for stealing three quarts, was fined.* 

it was found; also he confessed that about a week ago he took a 
sheep of his mistress' and sold it to Joseph Leigh; also that said 
Gregory asked him to get a quart of wine to go with him to Quar- 
termaster Perkins' Island. 

Richard Pasmore deposed that Peter said he could get wine 
when he would. Sworn, Jan. 10, 1672, before Daniel Deni- 
son.f 

Examination of Simon Wood, taken Jan. 10, 1672, before 
Daniel Denisonf: that Peter brought the first wine in a stone 
bottle and denied that he encouraged him to steal. 

Simon Tompson bound for Simon Wood, and Mr. Willm. 
Hubberd for Peter le Cras, and they were committed to prison. 

Examination of Jonas Gregory, taken Jan. 10, 1672, before 
Daniel Denisonf: that he thought Crass and Wood had bought 
the wine at Mr. Baker's because Peter had money given him by 
gentlemen who came to his mistress; that he gave some wine to 
some maids who came over the river in the evening to his house, 
and also gave Thomas Burnum who was there at work a cup of 
wine; that Wood told him he found the ax in the way. 

Thomas Burnam, jr., and Thomas Wayte jr., testified that a 
little before Thanksgiving they saw Peter Cras and Simon Wood 
catching a sheep in Mr. Hubbert's lot and Thomas Knolton saw 
him with a sheep on the backside of Goodman Hovey's house. 
Sworn before Daniel Denison.f 

Nathaniel Emerson, Richard Pasmore and Thomas Atwood 
were ordered by Daniel Denison, Jan. 10, 1672, to appear at the 
next Ipswich court concerning drinking wine at Gregory's. 

Thomas Knolten deposed that being at Jonas Gregory's, he 
went up into his chamber with him and saw three or four sheep 
skins. Deponent asked if he killed them and he said yes, the 
Lord gave him good things and gave him a heart to make good 
use of them. Deponent took one of them in his hand and there 
were flakes of fat upon it as broad as his hand, and when he told 
Gregory that it was badly flayed, he said he believed it was the 
fattest wether that was killed in town and said it had a dozen 
pounds of tallow. Sworn in court. 

Nathaniell Browne and Judeth, his wife, were at Gregory's 
house one night when Gregory spoke about his wife's spinning 
and knitting some stockings for him and asked them to go up 
into the chamber with him to look at some wool, etc. Sworn in 
court. 

Joseph Leighf testified concerning the sheep. Sworn in court. 

* See foot-note on page 141, marked * t Autograph. 



1673] RECORDS AND FILES 143 

Peeter Leycros and Jonas Gregory, for stealing a sheep sold 
to Joseph Leigh, were to pay Mr. Hubberd 20s.* 

Peete Leycros, Symon Wood and Jonas Gregory, for stealing 
and receiving an ax, were fined, and the ax was to be returned.* 

Jonas Gregory, for stealing a fat wether from Mr. Hubberd, 
was fined.* 

Jonas Gregory, for entertaining other men's servants and 
children, was fined 51i.* 

Peeter Leycros, Jonas Gregory and Symon Wood, for theft, 
were sentenced to be whipped or pay fines.* 

Nathaniell Emerson, for being in company with Peeter Cros 
and others at Jonas Gregory es and drinking part of stolen wine, 
was admonished.* 

Richard Pasmore, for a like offence, was punished.* 

John Leigh, complained of for unlawful familiarity with Sarah 
Row, was sentenced for his great offence to be severely whipped, 
to pay a fine of 51i., to be bound to good behavior, and not to 
come in company with Sarah Row.f 

fJudith, wife of Nath. Browne, testified that many times the 
past summer Joseph Leigh and Sarah Roe had been together at 
her house three or four hours at a time, until her husband no- 
ticing their intimacy warned them from the house. They would 
have the outer door shut and the latch pulled in and sometimes 
would withdraw into an inner room. Once deponent asked 
Sarah to stay to look after the children until she returned and 
she said she would not unless John Leigh would. They had 
witnessed much improper conduct between them. Once James 
Fuller came into the house when she was sitting in his lap and 
their discourse was nasty and filthy. Sworn, Feb. 3, 1672, before 
Daniel Denison.J 

Mary Wilson, aged about twenty-two years, deposed that she 
had occasion to call at Sarah Roes' house, and seeing somebody 
in bed, asked if her husband were at home and she said that he 
was at sea. Deponent went away with Grace Hogskins and 
another, etc. Sworn before Daniel Denison.* 

Grace Hogskins, aged about twenty years, deposed that Leigh 
had left his team at Sarah's house from morning till noon until 
she told him folks wondered why he did it. Sworn before Daniel 
Denison.J 

Hannah Berry testified that she had seen Betty Woodward 
in the house with them. Sworn, Feb. 2, 1672, before Daniel 
Denison.J 

* See foot-note on page 141, marked * J Autograph. 



144 IPSWICH QUARTERLY COURT [Mar. 

John Kenricke and James Chute testified that one night com- 
ing out of Goodman Piper's with Goodwife Berry, they saw Sarah 
meet Leigh and following them to Sarah's house where there 
was no light, heard them talking together. Sarah and John were 
also at John Frinck's house when Nath. Roper was there and 
they went away together between nine and ten o'clock at night, 
etc. She told them at Goodman Piper's that she could not 
tarry for Sarah Buckley and her sister Esther had come to see 
her. Sworn, Feb. 2, 1672, before Daniel Denison.* 

James Chute testified that Sarah and John were at Frinck's 
house, when some one said that Wm. Roe was coming and was 
at the neck. Soon after somebody knocked at the door, and 
John Leigh ran up into the chamber. It was Goodman Kenricke. 
Soon after Sarah lighted a pipe of tobacco and went up to Leigh, 
etc. Sworn, Feb. 3, 1672, before Daniel Denison.* 

Mary Frinck deposed that James Chute and she went out 
to the neighbors, she going to Goodwife Tayler's, and returning 
home together found John and Sarah in the house, etc. Sworn 
before Daniel Denison.* 

James Sawyer and his wife deposed. Sworn, Feb. 3, 1672, 
before Daniel Denison.* 

Nathaniel Roper deposed that when Sarah Roe lived at Buck- 
leyes house, etc. Sworn before Daniel Denison.* 

Thomas Newmarsh deposed that he, John Sinnett and Josiah 
Clerk went one evening to Sarah Roe's house, where they found 
Mary Score persuading Sarah to lie with her that night because 
she could not stay with Mary Frincke on account of illness of 
Goodwife Piper, so Mary went away. Upon entering the house, 
Sarah went into another room upon pretence of getting oil for 
the lamp and they heard her whispering with someone. Later 
when they went out, they saw a man at the end of the house, and 
then they went into Goodman Berryes, which was the next house. 
While they were there, Sarah Roe came in, took up a coal and 
carried it away with her. The next day, said Sinnet meeting her, 
bade her leave her tricks or she would come to the gallows. Sworn 
Feb. 12, 1672, before Daniel Denison.* 

Sarah Roe's defence: that she was guilty of wanton and idle 
dalliance to her shame and sorrow; that she never heard of such 
words as they attributed to her; that she had but one witness 
whereas in some cases three are necessary to prove one guilty, 
referring to Deut. 19 : 15, etc. 

Nathaniell Rust, aged thirty-three years, deposed that he had 
heard Sarah and John often speaking of their love for one another, 
since said Sarah married. Sworn in court. 

Judeth Browne deposed. Sworn in court. 

Sarah Bulkly, aged between sixteen and seventeen years, 
deposed that she never knew Sarah until she married W. Roe; 

* Autograph. 



1673] RECORDS AND FILES 145 

that Roe and his wife did not agree; that Leigh came to see her 
at Rust's house often and once when Rust and his wife went 
out to Joseph Giddings' wife when the latter was sick; that 
she saw no uncivil carriages, etc. Sworn, Jan. 31, 1672, before 
Samuel Symonds.* 

James Burnum, aged twenty years, deposed concerning their 
meeting in Leigh's meadow after Sarah had been gathering 
gooseberries, etc. Sworn in court. 

Sameul Hunt deposed concerning Sarah's unhappiness after 
she had married Roe. Sworn in court. 

Jno. Leigh's answer to a complaint made against him by Will. 
Row, for unlawful familiarity with his wife: that the woman 
was a near neighbor to him for many years while she lived at 
Mr. Hubberd's and he knew her well and "it maybe as some have 
supposed had some thoughts of matching with her, but provi- 
dence ordering things otherwise;" that he had exceeded the 
bounds of prudence and when there were reports abroad, he 
tried to avoid her, and when he did meet her accidentally there 
were those who would say that it was planned; that Roe and 
his wife were not happy on account of the differences in dis- 
position and their manner of coming together, brought about 
through the incessant persuasions of her friends, directly con- 
trary to her own inclinations; that he had tried to reconcile them 
and Will. Row often invited him to his house, but the stories 
spread and Row resolved to quit the place and finally to desert 
her; that the stories circulated have been such as far better men 
than he would find it hard to controvert, being imaginary and 
circumstantial; that he never violated her chastity, etc. 

Jacob Benitt, aged about twenty-one years, deposed that at 
Goodman Woodward's house, Sarah, who lived there, talked 
with Leigh an hour, then came in to the fireroom and lighted a 
pipe which she said was a friend's pipe which she would not 
take 5s. for. Deponent mistrusting that Leigh was in the leanto 
pulled down an ovenlid where there had been an oven and 
looked into the room where he heard talking. Also at another 
time, at night she asked deponent to go out with her but he 
would not. Her husband went a little while before her over to 
Goodman Rust's because all the time he was at home that night 
Sarah was "a Jeering & Laughing at him and makeing games 
at him, and about 1 or 2 of the clocke she Came home & I asked 
wher she had bene a goshoping this time of night and she said 
she had been abroad among her fellow seruants, at her Masters 
Hubberts." Sworn, Jan. 25, 1672, before Daniel Denison.* 

Robert Duch, sr., deposed concerning what his daughter Mary 
Corse, now deceased, told him that Mary Willson saw in Rowe's 
house, etc. Sworn, Feb. 26, 1672, before Daniel Denison.* 

Mr. William Hubberd deposed that having known Sarah Roe 

•Autograph. 



146 IPSWICH QUARTERLY COURT [Mar. 

from childhood, he knew more about her than many others, and 
affirmed that neither he nor his wife approved of her marriage, 
foreseeing what has come to pass, and for the first three or four 
months she carried herself very well, until she returned from 
the Isles of Shoals, where her husband by his jealousy pro- 
voked her and she manifested much ad version toward him. He 
further declared that her trouble proceeded wholly from her 
husband and not through John Leigh, etc. Edward Nealand 
mentioned. 

Nath. Browne and wife Judith deposed. Sworn in court. 

Joseph Jacob, aged about seventeen years, servant to Nath. 
Rust, deposed that one day when his master and dame were 
abroad, Sarah Roe was at their house, and later he heard a noise 
in a little dark chamber. Going to see who was there, he met 
their maid, Sarah Buckley, who told him not to go up for lOOli., 
etc. Sworn, Jan. 25, 1672, before Daniel Denison.* 

Thomas Knolton and Hannah, his wife, deposed that about 
Jan. 14, last, Sarah and John were at their house, when the latter 
offered Sarah an apple and lent her his knife, saying "Goe feed 
your husband daintily with that knife." She answered, "take 
the knife & cut his throat oh sd John you make my heart Tremble 
to say soe, Then Sarah Roe Replyed againe and sd shee hated 
Will Like a Toade," etc. Sworn, Feb. 7, 1672, before Daniel 
Denison.* 

John Chub, aged twenty years, deposed that last fall as he 
was going by Ezekiel Woodward's house by the river side at 
about ten o'clock at night, etc. Also another night about eleven 
o'clock deponent "was speaking with Sarah Buckle in her m r 
Russ his cowyard, Thomas Brag staying for me not far of, the 
s d sarah Roe passed by us toward the end of the Lane and Sarah 
Buckley followed her and as Thomas Brag told this deponent 
he heard the sayd Roe say to Sarah Buckley why doe you not 
send that fellow away or || I wish you could || send that fellow 
away meaning my selfe & s d the other was better, they soon 
returned and sarah Buckley went to milking and Sarah Row 
turned the end of the barne, & imediately I looked after her and 
could not see her so I concluded she went into the barne at the 
Leanto dore, I went presently downe towards Goodman Russe's 
house & looking backe I saw a man standing w th in the Leanto 
dore which I did judg to be John Leigh." Sworn, Feb. 3, 1672, 
before Daniel Denison.* 

John Benett deposed concerning meeting with Tho. Mentor 
who told about Leigh and Sarah being together the Monday 
before said Sarah's child died. Sworn, Jan. 25, 1672, before 
Daniel Denison.* 

James Fuller deposed concerning seeing them at Hartbrak 
hill, etc. Sworn, Feb. 25, 1672, before Daniel Denison.* 

* Autograph. 



1673] RECORDS AND FILES 147 

Sarah Row, for unlawful familiarity with John Leigh, and 
abusing her husband, was sentenced to the house of correction 
for one month, and to suffer the discipline thereof according to 
law, which the keeper is required to execute, and on the next 
lecture day to stand all the time of the meeting from the last 
bell ringing in the meeting house at Ipswich, on a high place where 
the master of the house of correction shall appoint, in open view 
of the congregation with a fair white paper written in fair capital 
letters FOR MY BAUDISH CARRIAGE, open also to the 
view of the congregation. She should also give bond of 301i. 
not to abide in the company of John Leigh. 

John Hobbs, for profane swearing and threatening to kill, 
for railing and shamefully abusing Sarah Whipple, and for not 
prosecuting his appeal at the last Ipswich court, was bound to 
good behavior, especially to Richard Kent and Sarah Whipple, 
and not to come in her company. 

Upon Edward Clarke's petition about an execution levied for 
Deacon Pengry on the estate of Richard Mearcer, by advice of 
court both parties agreed that new execution be levied upon 
said estate according to law, sometime in May or June next. 

Upon action commenced by Thomas Bishop v. administrators 
of the estate of Cornelius Kent, the estate falling short and the 
administrators having paid most of the estate away, court for- 
gives the entry of the action, and the fine against said Kent was 
respitted. 

The Treasurer, Mr. Robert Paine, tendered his account to 
the court. 

Court adjourned to Wednesday fortnight at 9 of the clock. 

Court held at Salisbury, Apr. 8, 1673. 

Major William Hawthorne, assistant, president; Major Pike, 
Capt. Nath. Saltonstall and Mr. Samll. Dalton, associates. 

Jury of trials: Henry Palmer, foreman, William Osgood, 
Andrew Grele, Will. Browne, Richard Hubbard, Samll. Colby, 
George Carr, jr., Tho. Stevens, Henry Moulton, John Smith, 
Nath. Weare and Morris Hobbs. 

Grand jury: Lt. Benjamin Sweat, foreman, John Dickison, 
sr., John Stevens, sr., Henry Brown, Peter Eyer, John Jonson, 
Lt. Phillip Challis, Richard Currier, Robert Page, Tho. Steeper, 
Christopher Palmer and Robert Smart. 



148 SALISBURY QUARTERLY COURT [Apr. 

James Chase v. Jno. Samborne and Henry Green. Appeal 
from a judgment against him by Mr. Samll. Dalton at Hampton 
Mar. 10, 1672-3. There being a legal exception against two of 
the jurymen, the case was committed to the other ten with the 
consent of both parties. Special verdict. If the witnesses 
testifying upon probable circumstances be sufficient to cast a 
case, then they found for the defendant and confirmed the former 
judgment; if not, they found for plaintiff. Court confirmed the 
former judgment. 

Henry Green, assignee of Harlackinden Symonds v. Capt. 
Walter Barefoot. Review of a case tried last Hampton court, 
concerning debt to be paid in boards. Verdict for plaintiff. 

Georg Martyn, in the right of his wife, and Mary Jones, widow 
v. Nat. Winsly. For withholding the inheritance of housing 
lands and other estate, sometime Richard North's, deceased, 
father of said Mary Jones and her sister Martyn, the only sur- 
viving children of said North, under color of a feigned or con- 
fused writing like the handwriting of Mr. Tho. Bradbury and 
seemingly attested by him, and Mary Winsly, now wife of the 
said Nathll. Winsly, from which writing the pretended interest 
of said Winsly, as under Ursula North is derived, and withholden. 
Nonsuited. 

George Martyn v. Nathll. Winsley, Abraham Drake and 
John Souter. For restraining him under arrest in Hampton 
prison for costs of court, contrary to law. Verdict for defend- 
ants. 

John Tuck, son and heir of Edward Tuck of Hampton, de- 
ceased, which Edward was son of Robert Tuck of Hampton v. 
Jno. Samborne, administrator of said Robert's estate. For not 
performing the engagement of said Robert, which he made to 
Mary Philbrick, daughter of Thomas Philbrick of Hampton, 
deceased, which was that he would confirm upon said Edward 
Tuck, his son, father of the present plaintiff, one-half of his lands 
in Hampton, as an encouragement for said Mary, mother of 
plaintiff, to marry said Edward, which she did. Plaintiff now 
sues for the performance of the covenant of his grandfather, 
Robert Tucke, made before his father's marriage, by which 
neglect plaintiff and his mother are much damnified. Verdict 
for plaintiff. Appealed to the next Court of Assistants. 



1673] RECORDS AND FILES 149 

Jno. Eaton v. Mr. Wm. Hooke. For not paying him in cows 
and English goods or money according to agreement dated Apr. 
7, 1671. Verdict for defendant. Appealed to the next Court 
of Assistants. John Eaton of Salisbury and Henry Robie of 
Hampton bound for appearance. 

John Samborn of Hampton and Henry Green of Hampton were 
bound for the former's appearance in the action, John Tuck v. 
John Samborn. 

Samll. Fowler v. Phillip Grele. Trespass. For cutting down 
timber upon a lot of upland formerly belonging to the common 
right of Lewis Hewlett, claiming the right, which land plaintiff 
bought of Richard Currier, as by deed appears. Verdict for 
plaintiff. 

Robert Ring v. William Buswell. For false swearing in a 
case between said Ring and Steven Greenleafe and Nathll. Clarke 
concerning the bounds of Ring's and Samll. Worcester's meadow 
at the Points in Salisbury bounds, which meadow said Worcester 
sold to Mr. Sewall. Verdict for defendant. 

Major Robert Pike v. Edward Gove. Trespass. For cutting 
wood and timber upon his land and carrying it away, declaring 
that he did it as challenging the land to be his. The land lay 
within the limits of Salisbury adjoining to or near Hampton 
bounds, it being part of the land called Hall's farm, the second 
lot as it was laid out by those who were appointed by the pro- 
prietors of said farm. Nonsuited, for not giving legal notice to 
defendant. 

Jno. Eaton v. Mr. Wm. Hooke. Review of a case tried at 
the last Hampton court, 8:8: 1672. For not satisfying him 
for goods delivered to plaintiff and his children. Verdict for 
defendant. 

Nathll. Boulter v. Capt. Tho. Bradbury, Jonathan Thing and 
Henry Moulton. For seizing upon and carrying away cattle of 
plaintiff's, by illegal execution granted against said Boulter as 
attorney to Miriam King upon an unjust and unreasonable bill 
of costs. Verdict for defendant. 

Nathll. Boulter v. Jonathan Thing and Henry Moulton, exe- 
cutors of the will of Tho. King of Exeter. For 81i. 15s. which 
said King received of John Severans for the use of said Boulter, 
of which Boulter never yet had an account nor satisfaction which 



150 SALISBURY QUARTERLY COURT [Apr. 

was about eight years since. Verdict for plaintiff. Appealed 
to the next Court of Assistants. Jonathan Thing and Jno. 
Samborn bound. 

Nathll. Boulter, assignee of Miriam King v. Jonathan Thing 
and Henry Moulton, executors of the will of Tho. King of Exeter, 
deceased. For refusing to pay what is due plaintiff by assign- 
ment for the first payment of the second year, 20 bushels of 
Indian corn, eight bushels of wheat, etc. Verdict for defendant. 

John Colby v. Henry Palmer and Andrew Grele. For not 
satisfying him in an agreement. Verdict for plaintiff. 

Jarett Haddon v. Richard Bartlett, sr. For non-payment of 
the fourth payment of a bond of 451L Withdrawn. 

John Samborne and Henry Green, in behalf of the town of 
Hampton v. John Huggin. Trespass. For felling the town's 
timber and fencing in land, claiming it as his own, which land lay 
about the old saw mill, westward from the town, near Tayler's 
river. Verdict for plaintiff.* 

Henry Roby and Nathll. Boulter v. Ralfe Hall. Debt. For 
6,000 boards, which should have been paid about Michaellmas 
last. Verdict for plaintiff. 

Henry Roby and Christopher Palmer, the assignees of Abra- 
ham Drake, marshal v. Edward Colcord. For not making good 
a parcel of fresh meadow of four acres, lying near the beach in 
Hampton, according to a deed or mortgage made to said Drake, 
or now to said Robie or Palmer, assignees, and by endeavoring 
to deprive them of said meadow by a later deed to Evens, whereby 
they have been put to much trouble by defending it and damage 
recovered against them at the last Hampton court. Verdict for 
defendant. 

Henry Roby v. Capt. Barefoot. Review of a case tried at 
the last Hampton court concerning a debt of 91i. which said 
Roby engaged for Barefoot at the last Court of Assistants for 
the proceeding of an action of Barefoot's against Robert Mar- 
shall, said Roby being Barefoot's attorney, an execution being 
levied upon Roby, who was imprisoned. Verdict for plaintiff. 

*Copy of writ, dated 28 : 1 : 1673, signed by Samll. Dalton 
for the court, and served by Allexander Denham, deputy for 
Abraham Drake, marshal of Norfolk, by attachment of house 
and land of defendant. Copy made by Tho. Bradbury,f rec. 

fAutograph. 



1673] RECORDS AND FILES 151 

Daniell Ela v. William Neff. Debt. According to bill dated 
Mar. 3, 1668-9. Verdict for plaintiff. Upon motion of Daniell 
Ela, the bond was moderated. 

George Corlis v. Richard Dole and Thomas Davis, administra- 
tors of the estate of Joseph Davis. Debt. For a year's service 
of Jno. Corlis, son of said George, with said Joseph before his 
death. Verdict for plaintiff. 

Mr. Wm. Hooke v. Jno. Eaton, sr. Debt. For goods and 
cattle delivered to him and his son. Withdrawn. 

Phillip Grele v. Mr. William Symonds. Debt. Due Sept. 
6, 1671, to be paid in boards at Mr. Symonds' mill at Lampereele 
river the latter end of June last. Withdrawn. 

Richard Hubbard v. Mr. Wm. Symonds. For not satisfying 
him with 10,400 feet of merchantable boards to be delivered at 
Lamperelle river as by covenant dated June 19, 1672. Verdict 
for plaintiff. Appealed to the next Court of Assistants. Mr. 
Wm. Symonds of Ipswich and Jonathan Thing of Exeter bound. 

Thomas Davis v. Robert Swan. For laying claim to a parcel 
of meadow of defendant's in Haverhill, between the west bridge 
and a place where a saw mill stood formerly, near to James Peck- 
er's house. Verdict for plaintiff. 

Edward Colcord v. Christopher Palmer. For cheating him in 
selling him a parcel of land in the year 1660, for the payment of 
which the plaintiff gave said Palmer security by three parcels of 
land, of which he had absolutely endeavored to cheat the plain- 
tiff, and is in no capacity to make it good. His title of 45 acres of 
land to the plaintiff has been put to excessive charges to main- 
tain his interest in the three parcels of land and cannot enjoy it. 
Nonsuited. 

Edward Colcord v. Henry Roby and Jno. Stanian. For un- 
justly vexing him by an illegal execution procured by said Stanian 
and said Roby, his attorney, at Hampton court, Oct., 1667, 
positively contrary to the laws established. Nonsuited. 

Edward Gove, presented by the grand jury at Salisbury court, 
1672, for abusing Nathll. Weare of Hampton and breaking the 
law by calling him thief and pulling him down twice, also for 
shooting and killing a hawk on the Lord's day, desired to be tried 
by a jury. Verdict of guilty brought in, and fines imposed. He 
was also fined for reproachful speeches and assaulting carriages 



152 SALISBURY QUARTERLY COURT [Apr. 

toward Nathll. Weare. Appealed to the next Court of Assistants. 
Robert Downer of Salisbury and Bartholemew Heath of Haver- 
hill bound. 

The order about Jno. Young's maintaining Judeth Robie's 
child was confirmed and continued until this court take further 
order. 

Nathll. Weare was appointed to answer in the behalf of the 
country to Edward Gove's account about the traverse of his 
presentments by a jury at Salisbury court in 1672, at the next 
Court of Assistants. 

Administration upon the estate of Jno. Dowe of Haverhill 
was granted to Mary Dowe, his widow. 

Administration upon the estate of Thomas Lilforth of Haver- 
hill was granted to his wife Elizabeth lilforth. 

Daniell Ela and Hugh Marsh of Nubery were bound for said 
Ela in the action brought against him by Benjamin Bongraine. 

Christian Dollhoff, Charles Gleeden, Arthur Bennet, James 
Godfrey, Richard Morgan, William Tayler and Robert Powell 
were admonished for not frequenting the public worship of God 
on the Lord's days. 

Administration of the estate of Giles Fuller of Hampton was 
granted to Thomas Warde of Hampton and Richard Currier of 
Amsberie. 

Henry Brown was sworn constable of Salisbury for the ensuing 
year. 

Nathan Gould of Emsberie was freed from all trainings, allow- 
ing 5s. per annum to the company, to be paid in corn. 

William Barnes was sworn constable of Emsbery for the en- 
suing year. 

John Severans was licensed to keep the ordinary for Salisbury 
for the ensuing year. 

Henry Robie's license to keep the ordinary for Hampton was 
renewed. 

Joseph Chase and Rachell Chase, his now wife, presented for 
fornication, confessed and were sentenced to be severely whipped 
tomorrow morning or pay a fine of 61i. 

Humphrey Willson was ordered to appear within ten days 
before Mr. Samll. Dalton, at his house in Hampton, to take the 
constable's oath for Exiter for the ensuing year. 



1673] RECORDS AND FILES 153 

Thomas Davis was ordered to give a bill of sale of the acre 
of land and commonage which he sold to John Kinsbery, to the 
administratrix of the estate of said Kinsbery. 

Joseph Peasly and Ruth, his wife, presented for fornication, 
confessed, and were sentenced to be whipped tomorrow morning 
or pay a fine of 61i. 

Administration of the estate of Phebe Eaton, widow of John 
Eaton, was granted to Steven Dowe of Haverhill. 

Court ordered that all persons who have given or sold land to 
John Kinsberie in his life time should give a deed to the admin- 
istratrix of the estate, she to have the improvement of the estate 
for her own and children's maintenance, the land to be security. 
Court ordered 201i. to the son, lOli. to the daughter, at age, or to 
their guardian according to law. 

Capt. Nathll. Saltonstall was appointed administrator of the 
estate of Matthias Button, pro tempore, and until he delivers 
his account and desires his discharge, and was also to bring in 
an inventory to the next Hampton court. 

Court declared that the widow Button, having land made over 
to her as a dowry from Matthias Button, had no right to her 
proportion of the estate, which otherwise by law she might have, 
she also in court refusing to relinquish her said jointure or dowry. 

Steven Hussey, not appearing to answer his presentment, 
was ordered to pay costs. 

Edward Clark of Haverhill acknowledged judgment to Capt. 
Tho. Bradbury in Indian corn at eight groats per bushel. 

Mr. An. Wiggin acknowledged judgment to Mr. Hen. Dearing 
in square edge deal inch boards fit for transportation, at some 
convenient landing or rafting place at Exiter upon Pascataqua 
river. 

Christopher Palmer acknowledged judgment to Mr. Henry 
Dearing, partly in staves and partly in pine inch boards at price 
current. 

Court adjourned to the last Tuesday in April, 1673. 

Court held at Ipswich, Apr. 16, 1673, by adjournment. 

Proclamation being made for any one to come in to object to 
Andrew Peeters why he should not be released of his bond, not 
to come into the Quartermaster's house, and none appearing, he 
was released of his bond. 



154 IPSWICH QUARTERLY COURT [Apr. 

Ens. Thomas Chandler, upon presentment, was ordered to pay 
costs in corn. 

Mr. John Bradstreet denying his presentment and the wit- 
nesses not speaking positively, but to their apprehension, and 
giving no reason for their apprehension, court judged it not proved 
and he was discharged. 

Goodwife Leeds, presented for not living with her husband, 
her husband not having sent for her, was discharged of her pre- 
sentment, and court ordered that she repair to her husband 
when he sends for her and means to convey her to him. 

Mary Greely, presented for fornication, was to be whipped 
and pay costs. Upon petition of her master Nathaniell Wells, 
her corporal punishment was turned into a fine. 

David Bennett's wife, presented for fornication, was fined. 

Capt. Paul White was fined upon his presentment.* 

* Petition of Hugh March :f "By your honnours faver and 
incourgement : I drew off from my former meanes of subsis- 
tanc: and with great Expence and difficulty toockupon mee the 
burden of the ordenary in newbery for the accomadasion of 
strangers: and others as occasion doth Require: and for wich 
I pay a great Rent to the Country in a just expecttacion to Reape 
the benifit with the burden thear of: but so it is that Captane 
white under Couler of prouiding the sacrament wine doth fre- 
quintly retaille wine unto the inhabytancs and others and licers: 
to the damage and disingableing of your supplycant and his 
famyly: by meanes heare of some 111 affected: and adickted 
persons goe from one house ore ordinary as hee calls it to another 
wich excessife drincking and sometimes drunckennes doth and 
may foullowe and fall out unnwitingly to my reproach \ My 
most humble requist therfor is that I may haue the hoole benifit 
of the ordinary, as it was graunted and for wich I all so pay unto 
the country: ore that such as retaille wine and licers: ore other- 
wisee : then by lawe is permitted to a stiller of strong waters may 
doe it under me wheareby I may bee inabled to cary one the oca- 
tions of those my affaires and bee able to pay my yearly rent to 
the country treasury. . . . Bee sids what I haue formerly paid the 
Charg and expence that I haue put my self in prouiding to build 
a house fiting to Entertaine gentlemen and strangers as ocatzon 
doth serue." 

Daniel Ela deposed that he had seen strangers going from 
Boston eastward call at Capt. White's for wine and receive it, 
and the same coming back again have come to Goodman March's 
house for provision for them and their horses. He had also 

t Autograph. 



1673] RECORDS AND FILES 155 

Hanah Hutceson, not appearing to answer her presentment, 
was ordered to appear at September court next. 

Mary Greely being with child and charging one Richard, an 
Irishman, to be the father of it, and he gone away, leaving some 
goods, court ordered that the goods be seized and taken into 
possession of Nath. Wells, her master. 

Joseph Leigh, presented for several oaths, was fined, and Tho. 
Knowlton was to pay costs.* 

seen men drink liquor at Capt. White's and then go to March's 
to drink, who have been in danger of being overtaken with drink, 
said Marsh not knowing they had drunk so much before. He 
had bought liquors by the gill there and others did on the first 
Monday in the last March. Sworn, Apr. 9, 1673, before Wm. 
Hathorne,f assistant. 

Edward Broumage, aged about fifty years, deposed concerning 
buying liquors at White's. Sworn, Apr. 8, 1673, at Salisbury 
court. 

Jacob Tappan, aged about twenty-six years, deposed that he 
bought wine at White's and supposed he had a license. Sworn, 
Apr. 8, 1673, at Salisbury court. 

John Colby, aged about thirty-seven years, deposed that 
liquors were also drunk in White's shop. Sworn, Apr. 8, 1673, 
at Salisbury court. 

Jacob Toppan,f certified, Apr. 12, 1673, that whereas by over- 
much importunity of Hugh March, he gave in evidence at Salis- 
bury court against Capt. Paul White, that he had wine of him, 
he declared that it was of necessity to carry to his house, and 
was sorry that he should do so by the Captain for his good will 
to him. Wit: Wm. Chandler.f 

*Samuel Hunt and Elizebath, his wife, and Elizabeth Reding- 
ton deposed that Tho. Knowlton came to their house and told 
them that the Wednesday before the court, he went to Joseph 
Lee's to get his horse to go to Salem. Lee said he was glad he 
had come, for he saved him the trouble of going to him. So 
Lee brought pen, ink and paper and said " I pray the do me that 
fauer as to wright me that testemoni conserning goodwife Hunt 
and Betty woodard. whots that said Knowlton: wi said lee 
that you hard goodwife Hunt say that Betty woodard wos w th 
child or elc she neuer wos: wi said knowlton if I shold wright 
that: I must wright that w ch I neuer harde for I neuer hard the 
woman speack such a word: Joseph still p r swad him: he ascked 
him what he wold haue him do, he cold say no such thing: sum 
being p r sent perswaded him, tould him he could remember it 
if he list, som said Joseph let him alone he will remember it and 
call it to mind time enough against salem corte." Sworn in court. 

t Autograph. 



156 IPSWICH QUARTERLY COURT [Apr. 

Samuell Hunt, sr., deposed that there was a report in the town 
that Tho. Knoulton had forged a bill in the name of James Saw- 
yer to merchant Wainright for 81i. of sugar, and also a report that 
Mr. Will. Hubbard had been at said Wainright's to find the bill 
out. Deponent's neighbor Bornham told him about it in Knowl- 
ton's shop. It was also talked about at a meeting or company 
tonight at the great house, Mr. Hubbard's. Sworn in court. 

Elizabeth Hunt, aged thirty years and upward, deposed that 
the next day after Goodman Eaires made search for John Lee, 
Tho. Waight came to our house to bring home the saddle. De- 
ponent asked him what he had done with the Lee's horses, and 
he said "oh, John may go whither he would now for theare horses 
are safe enough now, theare under lock and kee:" Then Waight 
told them that Joseph was desperate mad the last night and 
swore a great many times by his salvation, as he hoped to be 
saved, as he was a living man, by Jesus Christ and by his soul, 
and that by his soul was a common expression with him. Eliza- 
beth Redington and Samuel Hunt, jr., testified to the same. 
Sworn in court. 

Samuel Hunt, jr., aged fifteen years, deposed. Sworn in court. 

Samuel Hunt, sr., testified that when Goodwife Lee was ill, 
he stood near her at the foreside of the house while Joseph Lee 
spoke the words; then deponent went out to the threshold of 
the house. Joseph Lee then said "gentellmen I do woonder whot 
reason you have to bring so mani men into the house," etc. He 
particularized Knowlton and Hunt who said they had as much 
right there as any, and said that it was an ugly, base spirit to 
put them out. Deponent told him that he would not go out for 
him but Goodman Haires bade him be silent and at length he 
prayed him to go out which he did. This occurred after Lee 
had spoken so " unaduisedily w th his tongue: in such solam pro- 
testations." Sworn in court. 

Samuel Eirs deposed that he was made deputy constable to 
search for John Leigh at Joseph Leigh's house, etc. 

Thomas Knolton, jr., Daniell Roafe and Joseph Fowler tes- 
tified that when Marshal Lord and the constable's deputy, Good- 
man Eirs, went to Joseph Leigh's house to search for John Leigh 
about twenty people went to the house and filled the house so 
that one could hardly stir, which disturbed Joseph Leigh so that 
he desired all who had no business there to depart. In particular 
he asked if Samll. Hunt were called there by authority, upon 
which his father Goodman Hunt replied with "great heat of 
spirit y* he should be there for all him & said y* he had as much 
to doe in the house as he & Came up to him with his Fist bent 
& Grinning his Teeth, & called Joseph Leigh logerhead, Roge 
and Rascall with divers other Aprobious names And sd if the 
Constable would Giue him his staffe, he would draw him Limb 



1673] RECORDS AND FILES 157 

John Roberds, for striking his father-in-law, Tho. Perrin, was 
sentenced to be whipped or pay a fine, and bound to good be- 
havior, with John Clarke and Philip Fowler as sureties.* 

Josiah Clarke was to pay for the child of Sarah Warr's keep- 
ing, from the birth to the time he presented Henry Greene to 
take him and then to be free. 

Samuell Plumer, administrator of the estate of Frances Plumer, 
his father, brought in an inventory to the court amounting to 
about 4121i. Court ordered that the debts both to the widow 
and other men be first paid, and then the estate was to be divided, 
half to Samuell, the eldest son, and the other half to the other 
son and daughter. By agreement, Daniell Pearce, sr., Rich. 
Dole and John Knight, sr., were to divide the estate as equally 
as they could, the eldest son to have his choice of which half he 
would have. 

from Limb, but he would Cary him up to the majors upon which 
y 6 Constable Charged Gn Hunt to forbeare & Goe out of the 
house, but y 6 s d Hunt still persisting, he spoke to him Againe . ; . 
upon Comotion old Gw Leigh fell into a swoane w ch w n Joseph 
saw, he was in A great passion, & s d upon his salvation or as he 
hoped to be saved, & upon his Fidelity he had rather his house 
had beene Burnt & all y k he had in it, then see his mother in such 
A condition & did very much wonder at the unchristian & un- 
ciuill carriage of some person there," etc. Thomas Waite also 
testified to the same. 

Samuell Hunt, jr., and sr., deposed. Sworn in court. 

*Obadyah Wood, aged about twenty years, deposed that he 
saw John Roberts strike Thomas Perring and get him down in 
the chimney corner, and said Pering called to John Wood to 
take him off and Wood bade him be quiet, and Roberts let him 
alone. Sworn in court. 

James Fuller deposed that being in the street with his father 
Perrin, they met John Roberts, and Perrin asked him why he 
made such a stir in the street. Roberts replied that he would 
come and bring away what he had in spite of his teeth, and Per- 
rin told him to be quiet or he might be complained of to the court. 
Also Roberts called Perrin base, cheating knave. Thomas Perrin 
testified to the same. Sworn in court. 

Thomas Perring testified that if he had not called to his man, 
John Wood, John Roberts would have done him harm. Sworn 
in court. 

John Wood, aged about twenty-two years, deposed. Sworn in 
court. 



158 IPSWICH QUARTERLY COURT [Apr. 

Upon presentment of James King, which Nubury grandjury- 
men undertook to make good, they are to do it at the next Sep- 
tember court or else pay costs. 

Complaint was made by Nath. Wells against Richard, an 
Irishman, who wrought with John Ring, for suspicion of for- 
nication with Mary Greely, the said Well's servant, the said 
Richard running away. 

If Joseph Leigh shall bring under the hand of the witnesses 
in Wm. Row's case within one week that they are satisfied for 
their attendance, so much to be abated out of the bill of costs. 

Mrs. Elizabeth Newman, administratrix, presenting an inven- 
tory of the estate of Mr. Antipas Newman, her late husband, 
amounting to 6761i., clear estate, besides the land and estate 
about New London, court ordered that the widow, releasing her 
thirds, should have for her part one-third part of the whole es- 
tate, and should enjoy the remainder of the estate for the edu- 
cation of her children. At age or marriage of the children, John 
Newman, the eldest son was to have 1401i., Samuell, 701i., Waitstill, 
701i., and to the two daughters Elizabeth and Sibell, 701i. The 
land and chattels at New London or elsewhere shall be divided 
after the same manner, Mrs. Newman, the widow, to have one 
third for her part, the other two thirds to be divided, the eldest 
son to have a double portion and the other four children to have 
their equal shares. 

Inventory of the estate of Mr. Antipas Newman of Wenham, 
who deceased Oct. 15, 1672, taken Mar. 22, 1672-3, by Thomas 
Lawthorp, Daniell Epps, Tho. Fiske and Richard Kimball: 
the homestead, farm formerly Wm. Fiske's, farm bought of 
Osbon, land at Royall side, domestic animals, cider mill, two 
gold rings, total, 7851i. 2s. 6d.; debts, 1091i. 10s. 6d. [Original 
on file in the Registry of Probate.] 

Inventory of the estate of Wm. Geare of Wenham, who de- 
ceased Nov. 13, 1672, amounting to 8611., taken 10 : 1 : 1673, 
by Tho. Fiske and Richard (his mark) Hutton, and allowed 
Mar. 25, 1673, upon oath of Triphany Geare, the widow. There 
being two daughters left, the estate was ordered to remain in 
the widow's hands and if she married, she was to give her 
daughters 201i. each, and if she died a widow, the estate was to 
be equally divided between them. [Original on file in the Regis- 
try of Probate.] 



1673] RECORDS AND FILES 159 

Inventory of the estate of Edmond James, who deceased Jan. 
8, 1672, amounting to 241i. 8s. Debts due from Thomas Kim- 
ball, Goodman Somerby, John Mighill, Rich. Dole, Goodman 
Palmer, Daniell Thurston, Doct. Benett and Philip Fowler, total, 
91i. 17s. 6d. This inventory was delivered by Thomas Kimball, 
one of the administrators, John Pickard, the other, dissenting, 
and so the estate remains in the widow's hands. [Original on 
file in the Registry of Probate.] 

Wm. Reiner dying intestate, administration upon the estate 
was granted to Elizabeth, the widow, and the estate was to 
remain in her hand, she to pay to her eldest son Thomas Reiner, 
10s., and to the other children 5s. each, at age. 

Inventory of the estate of Wm. Reiner, who deceased Oct. 26, 
1672, was taken by Thomas Fiske and Richard Hutten, amount- 
ing to 971i. 10s.; debts, 491i. 12s. Id. [Original on file in the 
Registry of Probate.] 

Inventory of the estate of Francis Plummer, who deceased 
Jan. 17, 1672, taken Jan. 24, 1672 by Richard Knight, John 
Emry, sr., Thomas Hale, jr. and Anthony Somerby: house and 
barn, lands, domestic animals, wearing apparel, timber of a 
house fallen down, a shop with weaver's implements, tools, 
household furnishings and utensils, a Welch bell, etc., also debts 
due from Joseph Plummer and Wm. Sawyer, total, 4221L 5s. 6d. 
The house contained a chamber, parlor, another room, hall 
chamber, little chamber, dairy house and cellar. Allowed upon 
oath of Samuell Plumer, Mar. 25, 1673, in Ipswich court. [Origi- 
nal on file in the Registry of Probate.] 

Agreement, dated Nov. 25, 1670, between Francis Plummer 
of Newbury and Beatrice, his wife, confirming the contract made 
before marriage that if Plummer should die before the said Bea- 
trice, the latter was to have all the estate that was properly hers 
before marriage, and also to have the new room, half the orchard, 
half the apples, and her thirds of the land of said Francis during 



Bond of arbitration, dated Jan. 29, 1673, between Robert (bis 
mark) Dutch* and John Clark,f both of Ipswich, concerning 
building and other things, that the matter be left to Ensigne 
Gold, Marshal Lord and Jon. How, by whose award they agreed 
to abide. Wit: Ezekiel RogersJ and John Dutch. $ Owned, 
30 : 1 : 1673, at Ipswich court. 

* Seal. t Autograph and seal. J Autograph. 



160 IPSWICH QUARTERLY COURT [Apr. 

her life, also firewood out of said Francis Plummer's twenty 
acres near the little river and the garden as it is now enclosed. 
If said Beatrice deceased before him, that she should have power 
to dispose of what estate was hers before marriage to any of 
her relatives, and if anybody claimed any debts due from William 
Cantlebury, deceased, said Beatrice's estate was to pay such 
debts and not the estate of said Plummer, her now husband. 
Wit: Richard Dole and Anthony Somerby. 

Inventory of the estate of Mr. Anthony Crosbie, deceased, 
appraised Feb. 19, 1672, by Richard Swan, Abraham Jewett, 
Samuell Brocklebank, Ezekiel Northend, Jonathan Platts and 
John Acie, and allowed upon oath of Prudence, the widow, Mar. 
25, 1673, in Ipswich court: In the phisike chamber, hatts, bookes, 
bedding, Instruments & other Iron things, a pair of pistols, cur- 
tains for a bed and a fish net, household utensils, 2 horses, etc., 
house, land near Richard Swan's meadow near the pond, land 
within the field gate a little off Thomas Remington's, land be- 
tween Remington's and Tho. Levers', upland at the north end 
of Shatswell's, land about Stony brook, etc., total, 3801L 3s. 3d. 
[Original on file in the Registry of Probate.] 

Will of John Davis, dated May 16, 1672, proved Mar. 25, 
1673, in Ipswich court, upon oath of the witnesses, Evan Morris 
and Francis Pabody, the latter afterward renouncing his execu- 
torship: to Mary How of Salem, 51i.; to Jacob Townes' lame 
child, 51i.; Samuell Howlett, 41i.; to his dame Clarke, 10H. ; 
Luke Wakling, 20s.; Martha Clarke, his master's daughter, 
20s.; to his master's daughter, Wm. Perkings' wife, 51i. ; to 
John Robinson's wife, 20s.; executors, his master Daniell Clarke 
and Frances Pabody. He owed Mr. Batter of Salem, Mr. New- 
man of Wenham, Goodwife Mole, old Mr. Gardner of Salem, 
Daniell Borman, old Mr. Baker of Ipswich, Quartermaster Per- 
kins, and for rates to the town. Debts due him from John 
French, Robert Smith, Michaell Bouden and Jacob Towne of 
Topsfield. [Original on file in the Registry of Probate.] 

Inventory of the estate of John Davis, taken by Jo. Gould 
and John How, 261i. lis. 2d. Debts owing for ten months' 
diet and burial, to Mr. Rogers and Goodwife Pabody. [Original 
on file in the Registry of Probate.] 

Will of Abraham Tappin of Nubury, dated June 20, 1670, 
and proved Mar. 25, 1673, at Ipswich court: sons Peter and 



1673] RECORDS AND FILES 161 

Jacob, who is to marry Hannah, daughter of Mr. Henry and 
Jane Sewall to have the house and lands, Steeven Greenleafe, 
sr., and John Webster, sr., to have charge of the appraisal; to 
sons Abraham, Isaack and John, land; to Jacob, lot at Plum 
Island he purchased of Richard Dole, sometime the lot of David 
Wheeler; to his son-in-law Samuell Mighill or his wife; to his 
grandchildren Elizabeth Tappan, Peter and. Samuell Tappan; 
wife Susan and son Jacob, executors; Archelaus Woodman and 
Tristram Coffin, overseers. Wit: Mary Lunt, Henry Sewall and 
Joseph Hills. [Original on file in the Registry of Probate.] 

Inventory of the estate of Abraham Toppan of Nubury, who 
deceased Nov. 5, 1672, taken Nov. 27, 1672, by Joseph Hills 
and Daniell Peirce, and allowed Mar. 25, 1673: his dwelling 
house & outhowses extant the 30 day of July 1661 with his home 
lott conteining 26 acres 13 acres devidend land 20 acres of meadow 
ground neare great pine Hand with foure acres Will. Mosses meadow, 
52611. ; 4 working oxen 201i.; 8 cowes, 281i.; one heifer, 21i.; one 
calfe, 25s.; 24 sheepe, 101i.; 18 lambes, 61L; 8 swine, 81i.; six 
piggs, 21i. ; 3 cushings, 6s., one carpet, 4s., 4 paire sheets, 31i., 
31i. 10s. ; one diap cloth & napkins, 12s. ; three other table cloths, 
10s.; 1 dozen of napkins, 12s., 4 pillow cases, 16s., Hi. 8s.; 5 
pewter platters, 1 bassen & ure, 3 sawcers, 1 butter dish, one 
quart pot, one candle stick, one cadle cup, 1 porringer waving 
291i., Hi. 18s. 8d.; one bras candlestick, 3s., one bras pott, 26s., 
one Iron kittle, 6s., Hi. 15s.; one Iron pot, 6s., one bake pan, 
5s., one bras skillett, 5s., 16s.; 1 bras pan, 1 pestle & Smothing 
Iron, 5s., one silver beaker, 45s., 21i. 10s.; one silver spoone, 
10s., 1 pr. Cobirons, fire pan, tongs, 251i. 12s., Hi. 2s.; one joyne 
cubbard, 30s.; two sives, 2s.; one old bedsted & a barell, 5s.; 
2 coverings, 2 blanketts with halfe a down bed & 2 firkins, Hi. 
15s.; about 12 bush. Indian corne, 32s.; 4 bush of rye, 20s.; 
15 bushells barly, 31i.; 4 bush, of wheat, 20s.; 10 bush, oates, 
20s. ; one old axe, 18d. ; one paile, 2s. ; one frying pan, 4s. ; tray, 
2 milkpans, 3s. ; 3 sacks, 6s. ; two old trunks, 5s. ; one old chest, 
2s.; one table in ye hall, 10s.; 3 barrells & half barrell, 7s.; 3 
occumy spoones, 9d.; a paire of bellows, 6s.; 2 chaires, 4s.; 
15 trenchers, 10d.; two glasses, 2s.; two forkes, 18d.; one dung 
fork, Is.; one bible, 8s.; Raigner of originall sinn, 2s.; 1 plow, 
1 chaine, one yoake, one Harrow, 20s., one fanne, 10s., Hi. 10s.; 
the new barne, 251i.; Johns bed with 2 bolsters, 2 pillows, 3 



162 IPSWICH QUARTERLY COURT [Apr. 

blanketts, one Rugg, one coverlet, curtains & valence, 121L, 
371i. ; 31i. of sheeps woole, 40s. ; wearing apparrell, lOli. ; 4 paire 
of sheets with other linen, pewter, bras, Iron, plate, with other 
household goods and Implements of husbandry designed to Jacob, 
besides his last year's corn, 281i. 10s. 3d.; total, 710H. 15s. 6d. 

Debts owing to him, from Samll. Worster, 31i. 16s.; Tho. 
Hardy, 10s.; old Hardy, 15s.; Jo. Rand, 24s. 8d.; Nico. Walling- 
ton, 31i.; Wm. Huttchens, lis.; Jo. Poore, 5s.; Jo. Godfry, 
3s.; Peeter Toppan for keeping cattle, 1281i.; debts owing to 
Rich. Dole, Hi.; Capt. Gerish, 6s. 6d.; Jo. Knight, lis.; Wm. 
Ilsly, 14s.; Jo. Webster, lis.; Tristram Coffin, 12s. 9d.; Capt. 
White, 16s. 5d.; Ja. Ordway, 5s.; Ben. Lowle, 5s. 6d.; Nath. 
Clark, 3s. 4d.; Jo. Bartlet, 5s.; Mr. Thomas, 9s.; Mrs. Cottle, 
6s.; Josh. Bream, 4s.; Peter Toppan, 6s.; Hugh Marsh, 20s.; 
Mrs. Noyes, 8s. 

Will of Richard Fitts of Newbury, planter, dated Dec. 2, 1672, 
and proved, Mar. 25, 1673, at Ipswich court: Bequests to his 
brother-in-law James Ordway, and James' daughter, Jane Ord- 
way; to his sister Travisses eldest daughter; to his kinsman 
Abraham Fitts, and said Abraham's son Abraham and his daughter 
whom he had by his first wife, at age; William Chandler and 
Ensigne Steeven Greenleafe, overseers. Wit: William Chandler 
and Steeven Greenleafe. [Original on file in the Registry of 
Probate.] 

Inventory of the estate of Richard Fitt, who deceased Dec. 4, 
1672, taken by Steeven Greenlefe and Wm. Chandler, and allowed 
Mar. 25, 1673, 1641i. 18s. 6d. Land at Jerreco and Plum Island, 
etc. [Original on file in the Registry of Probate.] 

Will of Thomas Jones, jr., dated Nov. 13, 1672, and proved 
Mar. 25, 1673, at Ipswich court. Bequests to his brother Thomas 
Howard, a gun which is at Nicolas Maning's at Salem; to brother 
Benjamin; to his mother, and to his sister Remember. Wit: 
Mary Joanes and Remember Joanes. [Original on file in the 
Registry of Probate.] 

Inventory of the estate of Thomas Joanes, jr., who deceased 
Nov. 25, 1672, taken Dec. 12, 1672, by Wm. Griggs and James 
Hughes, amounting to 3011. 12s. 6d. Debts to Mr. Wm. Brown, 
sr., Thomas Clifford, Wm. Grigs, James Hughes and Benjamin 
Jones. Allowed, Mar. 25, 1673, in Ipswich court. [Original on 
file in the Registry of Probate.] 



1673] RECORDS AND FILES 163 

Will of John Gage, of Bradford, without date, proved, Mar. 
25, 1673, in Ipswich court by the witnesses; executors, his sons, 
Samuell, Daniell, Nathaniell, Jonathan and Josiah Gags; be- 
quests to wife Sarah, his grandson and the before mentioned 
sons. Wit: Shubaell Walker and Gilbert Willford. [Original 
on file in the Registry of Probate.] 

Inventory of the estate of Sergt. John Gage of Bradford, ap- 
praised Mar. 26, 1673, by Henry Kingsbury, Thomas Kimball 
and Shubaell Walker, amounting to 435H. 10s. Debts due from 
Mr. Francis Wainwright of Ipswich and Samuell Graves of 
Ipswich. Allowed, Mar. 25, 1673, in Ipswich court. [Original 
on file in the Registry of Probate.] 

Will of Gyles Cromwell of Newbury, very aged, dated 7:2: 

1672, and proved in Ipswich court, Mar. 25, 1673, by Benjamin 
Swett, one of the witnesses, the other witness Mr. Anthony Stan- 
ion, being unable to travel, made oath Mar. 20, 1672-3, before 
Samuell Dal ton, commissioner; bequests to son Phillip Crom- 
well; to son Phillip's eldest son, land in Newbury, adjoining 
Steeven Greenlefe's; to daughter Argentine Cram, wife of Ben- 
jamin Cram, land adjoining Ens. Steeven Greenleife and at 
Pine Island marsh, between Mr. Edward Woodman's and John 
Roffe's; to daughter Argentine Cram's children. [Original on 
file in the Registry of Probate.] 

Inventory of the estate of Giles Cromwell deceased Feb. 24, 

1673, appraised by Bene. Swett and Steeven Greenleafe, amount- 
ing to 2151i. 6s. lid.; debt due from Caleb Moody, John Bartlet 
and Edward Richardson. Allowed, Mar. 25, 1673, at Ipswich 
court. [Original on file in the Registry of Probate.] 

Agreement, dated Mar. 22, 1672-3, concerning the estate of 
Thomas Wellman of Linn, who left no will, that the widow be 
executrix and the estate divided, to the eldest son Abraham; 
younger son Isack; to the widow the new dwelling house; to 
the eldest daughter Elizabeth Wellman; second daughter Sara 
Wellman; younger daughter Mary Wellman. Allowed, Mar. 25, 
1673, at Ipswich court. [Original on file in the Registry of Pro- 
bate.] 

Inventory of the estate of Thomas Wellman, deceased October 
10, 1672, appraised by Thomas Kendall and Jeremiah Swayen, 
amounting to 3701i. 10s. 7d. Allowed, Mar. 25, 1673, at Ipswich 
court. [Original on file in the Registry of Probate.] 



164 SALISBURY QUARTERLY COURT [Apr. 

Inventory of the estate of Susana Jordon, who deceased Jan. 
25, 1672, taken Feb. 4, 1672, by Wm. Pilsbury, Moses Pilsbury 
and Anthony Somerby, amounting to 181i. lis. 4d. Debts due 
from Abraham Merrill, Richard Bartlett and Thomas Barber. 
Debts due to Henry Short, Goodman Ordway, John Bartlett, 
William Bolten, Tristram Coffin, John Knight, Abell Merrill 
and Joane Merrill. Allowed, 25 : 1 : 1673, at Ipswich court. 
[Original on file in the Registry of Probate.] 

Verbal will of Thomas Whitredge, dated Aug. 21, 1672, was 
brought into court by Robert Morgan and Richard Norman, 
and the court appointed Samuell Morgan and Richard Norman, 
administrators, the will being allowed, Mar. 25, 1673, at Ipswich 
court; he left his three sons, Thomas, Richard and William, in 
the care of the administrators, brothers of his deceased wife, 
to be taught trades, and all his property was bequeathed to them; 
his brother Samuell Whitridge and his son in law, John Traske. 
[Original on file in the Registry of Probate.] 

Inventory of the estate of Thomas Whittridge of Ipswich, 
appraised by Robert Colburne of Ipswich and Wm. Flint at 
Salem, Sept. 3, 1672, amounting to 1801i. 12s. Allowed, Mar. 25, 
1673, at Ipswich court. [Original on file in the Registry of Pro- 
bate.] 

Inventory of the estate of John Fuller, appraised Dec. 31, 
1672, by Uzal Wardell and Esah W T ood, after the marriage of the 
widow to her second husband, Thomas Perrin, as attested by 
James Fuller, Jan. 29, 1672, before Daniell Denison, amounting 
to 2361L 18s. 6d. Allowed, Mar. 25, 1673, at Ipswich court. 
[Original on file in the Registry of Probate.] 

Inventory of the estate of Benjamyn Gage, appraised, Nov. 12, 
1672, by Lt. Samuell Brocklebanke, John Gage and Robert 
Savery, amounting to 170K. 12s. 6d. Allowed upon oath of 
Prudence, the widow, Mar. 25, 1673, at Ipswich court. [Original 
on file in the Registry of Probate.] 

Court held at Salisbury, Apr. 29, 1673, by adjournment. 

Court ordered that Green's and Robie's executions against 
Capt. Barefoot obtained at the first session, be issued against 
said Barefoot and his surety, Ralfe Hall. 

Bartholemew Heath and Steven Dowe, both of Haverhill, were 
appointed administrators of the estate of Joseph Heath, late 



1673] RECORDS AND FILES 165 

deceased, until Hampton court next, when an inventory was to 
be presented. 

Nathll. Boulter and Henry Robie's bond forfeited for not 
prosecuting was remitted, and said Boulter was allowed 5s. for 
prosecuting a complaint against Jno. Godfrey in behalf of the 
country. 

Danll. Ela, convicted for suffering cider and strong beer to be 
drunk in his house contrary to law, was fined. 

Danll. Ela, for cursing the third time was to be whipped or 
pay a fine. 

John Williams, jr., for being abroad at unseasonable time of 
the night coming to Peter Green's house, and carrying himself 
uncivilly, was fined. 

Lt. Phillip Challis, Richard Currier and Gerard Haddon, 
appointed by the court to end small cases in Amsbery, the two 
latter took the oath and Lt. Challis was to be sworn before Major 
Pike. 

William Barnes, constable of Amsbery, presenting a complaint 
against Tho. Teuxbery for living from his wife contrary to law, 
court ordered that he be apprehended by the constable and 
carried before authority to give bond. 

Nathll. Griifyn was ordered to appear at Hampton court 
next to answer his presentment, and Major Pike was to take the 
bond. 

Jane Cartwright was sentenced by the last court held at Hamp- 
ton to be whipped for fornication or pay a fine, since which time 
she is reported to have fled to Lampreele river. Court ordered 
that the marshal of Norfolk bring her to Hampton to be openly 
whipped upon some lecture day when Mr. Dalton shall appoint, 
unless the fine be paid. 

John Gill of Salisbury was freed from ordinary training, allow- 
ing to the military company 6s. per annum, provided if the said 
Gill appear any training day complete in his arms and performs 
the service of the day, he shall be discharged of his 12d. for every 
such day wherein he shall so exercise. 

Mr. John Stockman was licensed to sell strong waters by retail 
to the inhabitants of Salisbury out of doors, provided he pro- 
ceed according to law. 

William Osgood, Henry Ambross and Joseph Severans, fined 
by Major Pike 20s. each, petitioned that their fines be remitted, 



166 SALISBURY QUARTERLY COURT [Apr. 

because the business they went about was lawful, and because 
they never heard any sentence read of any fine, whereby they 
might appeal. The complaint was referred to Hampton court 
next, and Jno. Severans, sr., Henry Ambross and William Osgood, 
jr. were bound. 

Upon motion of the selectmen of Haverhill desiring the court 
to appoint Danll. Ela to give entertainment to strangers for their 
necessary refreshment until the court licensed some meet person 
for that purpose, and said Ela petitioning that he might be re- 
lieved of that trouble, but none appearing to take up the work, 
court ordered that Danll. Ela have liberty to provide wholesome 
meat and drink such is of necessity for diet and lodging and enter- 
tainment for horses provided that he give bond, with one surety, 
that he allow no inhabitant to drink in his house unless in the 
company of strangers as the law allowed, and that no one should 
commit any disorder in his house prohibited by law. Danll. 
Ela and Tho. Davis bound. 

Edward Colcord, for striking Eunice Coule, drawing his 
knife and threatening that he would rip her, was fined. 

Mr. Jno. Gillman, Lt. Hall and Jonathan Thing were appointed 
commissioners to end small causes in Exiter for the ensuing year 
and Mr. Dalton was impowered to administer the oath to 
them. 

Court hearing the evidence against Eunice Coul and consider- 
ing former things against her, committed her to Boston goal, 
there to be kept for further trial. 

Administration was granted to Joseph Lancaster upon the 
estate of Michaell Tandy, deceased, and he was ordered to bring 
in an inventory to the next Hampton court. 

Court ordered that the town of Salisbury keep account of the 
charges for the widow Bendesert and present it to Hampton 
court next, which concludes the settlement. 

Benjamin Collis (also Collins), presented for entertaining 
children and other persons at unseasonable time of the night, 
was fined. 

Robert Downer, for being drunk at the house of Ben. Collins 
on Dec. 25 last, was fined. 

Robert Downer, Henry Ambross, Joseph True and Joseph 
Severans, for taking cider to the house of Ben. Collins on Dec. 
25 last in the evening, causing much disorder, were fined. 



1673] RECORDS AND FILES 167 

Robert Downer, Joseph True, Benjamin Severans, Ruth 
Whittier, Tho. Eaton, Jno. Eaton, Eliza and Jabez Bradbury, 
Clem. Jerman, Henry Ambross and Susan, his wife, Joseph Sev- 
erans and Elizabeth Eaton were fined for disturbance at Ben. 
Collins', Jno. Bradbury being freed on account of giving the 
evidence. 

William Bradbury and Rebecka, his wife, presented for for- 
nication, were acquitted, there being no evidence to prove it. 

Court held at Ipswich, June 19, 1673. 

Will of Henry Short, of Newbury, dated Feb. 15, 1672, and 
proved upon oath of the witnesses, Symon Tompson, Richard 
Kent and Anthony Somerby, before Worshipful Samuell Symond, 
deputy governor, and Major General Denison: Bequests to wife 
Sarah, son Henry, daughter Sarah; if his wife and children die 
without issue then to his cousin Samuell Holt, provided he give 
to Robert Long's children and to Nathan Parker, jr., lOli. each; 
if Samuel die, then to his brother Nicholas Holt; son Henry and 
wife, executors; Mr. Joshua Moody, Richard Kent, Symon 
Tompson and Anthony Somerby, overseers. [Original on file 
in the Registry of Probate.] 

Inventory of the estate of Henry Short of Newbury, who de- 
ceased May 5, 1673, taken, May 7, 1673, by Richard Kent, Symon 
Tompson and Anthonye Somerby, amounting to £1,842. 8s.; 
the new parlor, old parlor, new parlor chamber, kitchen chamber, 
buttery, kitchen and dairy house mentioned; he also owned a 
negro man. Debts owed, 681i. 2s. [Original on file at the 
Registry of Probate.] 

Will of Thomas Borman, of Ipswich, dated Dec. 17, 1670, and 
proved by the witnesses, John Dane and Wm. Hubbard: bequests 
to wife, son Thomas, daughter Joanna, son Daniell, daughter 
Mary, wife of Robert Kinsman, daughter Martha, wife of Thomas 
Loe; overseers, Symon Tompson and Thomas Burnam. [Original 
on file at the Registry of Probate.] 

Inventory of the estate of Mr. Thomas Borman of Ipswich, 
taken May 26, 1673, by Daniell Epps, John Dane and Symon 
Tompson, amounting to 5531i. 6s. 6d. Debts owing, 301i. [Origi- 
nal on file at the Registry of Probate.] 



168 SALEM QUARTERLY COURT [June 

Court held at Salem, 24 : 4 : 1673. 

Judges: Worshipful Mr. Simond Bradstreet, Maj. Daniel 
Denison and Mr. Tho. Danford. 

Jury of trials: Mr. John Browne, sr., Mr. Joseph Hardy, Mr. 
Samll. Pitman, Mr. Richard Hollingworth, Samll. Gardner, jr., 
Samll. Beadle, Ensigne Samll. Corning, Charles Gott, Francis 
Nurse, John Fitch, En. John Fuller and Richard Haven. 

Jury chosen for some actions at the latter end of the court: 
Mr. Eleazer Hathorne, Jon. Clifford, George Keazer, Robert 
Potter, John Pickworth, Nicho. Pickering, Nathll. Beadle, Hen. 
Skerry, jr., Tho. Gardner, Mr. John Higenson and John Todd. 

Richard Rowland v. Capt. James Smith. Debt due upon 
breach of bond. Withdrawn.* 

John Peach v. Jonathan Hart and his sisters, Eliza, Sara, 
Deborah and Florrance, the deputed children and heirs of John 
Hart and Florrance, his wife, deceased. Review. Verdict for 
plaintiff, the house and land in controversy. Appealed to the 
next Court of Assistants. Jonathan Hart and John Putnam 
bound.f 



♦Writ, dated Mar. 26, 1673, signed by Robert Lord,! for the 
court and served by Henry Skerry,! marshal of Salem. Bond of 
James Smith,! John Peach, jr., J and Thomas Powell.! 

Copy of Salem court record of 27 : 9 : 1666, in an action of 
John Peach, sr. and jr. and Richard Rowland v. William Nick, 
made by Hilliard Veren,! cleric. 

tWrit, dated Marblehead, 13 : 1 : 1673, signed by Moses 
Maverick,! for the court, and served by Robert Bartlett,! con- 
stable of Marblehead. 

Copies of the papers in this action, taken from the Ipswich 
court records of March, 1673, by Robert Lord,! cleric. 

William Beale, aged upward of forty-three years, deposed 
that Jonathan Hart in his hearing owned that his mother Florence 
accepted his father Hart's moveable estate in lieu of her thirds. 
Sworn, 24 : 1 : 1672-3, before Wm. Hathorne,! assistant. 

Wm. Watters, aged about thirty-eight years, testified that 
Samll. Archer, sr., marshal of Salem, meeting him near Mr. Wal- 
ton's house in Marblehead, told him that by an order of court, he 
had been to deliver to Mr. George Corwin's order, that is to say, 
to Wm. Charles, for the said Corwin's use, the house and land of 
Jno. Hart, lying in Marblehead, with the consent of the widow 
Florence Hart. This was about one year after she brought in 
the inventory, and deponent heard her say she would be glad to 

X Autograph. 



1673] RECORDS AND FILES 169 

Mr. Wm. Browne, sr. v. Wm. Hutson and Will. Leatherland. 
Debt. Verdict for plaintiff.* 

Mr. Wm. Browne, sr. v. Abra. Allen. Debt. Verdict for 
plaintiff.f 

accept the moveables for her thirds, which she carried away 
with her. Had the question come up six months ago, Wm. 
Charles could have testified the same, as he urged deponent to 
buy the said house and land, etc. Sworn, 24 : 1 : 1672-3, before 
Wm. Hathorne,J assistant. 

John Hart's estate amounted to 741i. 10s.; debts due to Mr. 
Corwin, 301i.; Mr. Browne, 81i. 8s. 6d.; a bill at Boston, 51i.; 
Mr. Elzey, 181i.; Mr. Archer, 31i.; total, 641i. 8s. 6d.; the widow's 
thirds of house and land, 151i. 10s., leaving 591i. 6d. to pay debts, 
the creditors to be proportioned as follows, to Mr. Corwin, 271i. 
10s. 5d.; Mr. Browne, 71i. 14s. 4d.; bill at Boston, 41i. lis. 3d.; 
Mr. Elzey, 161i. 9s. 10d.; Mr. Archard, 21i. 14s. 2d. 

Elias Stileman deposed that in 1656, he being the clerk of Salem 
county court, when the inventory of John Hart's estate was 
brought in, etc. Sworn, 28 : 3 : 1673, before Edward Tyng,J 
assistant. 

Nathaniell Pickman, sr., testified that John Hartt of Marvell- 
head had an acre of salt marsh near the South river in the !east 
side of Castell hill, which after Hart's decease was in the posses- 
sion of Mr. Elias Stileman. Sworn in court. 

John Pickering, aged thirty-five years, deposed that Mr. Stile- 
man gave Edward Flent one quarter of an acre of this marsh. 
Sworn in court. 

Martha Beall, aged about forty years, deposed. Sworn in 
court. 

*Writ, dated May 27, 1673, signed by Jonath. Negus,J for the 
court, and served by Rich. Wayte,| marshal of Suffolk, by attach- 
ment of defendant's estate in Boston. 

fWrit, dated June 5, 1673, signed by Hilliard Veren,| for the 
court, and served by Henry Skerry, J marshal of Salem, by attach- 
ment of all the sea coals and charcoal of defendant, also a chest of 
joiner's work of his. 

Abraham Allin of Marblehead is Dr., 12 : 4 : 1671, to 1 oz. of 
nutmegs, 7 1-21L sope, 1 bush indian, 7s. 4 l-2d.; 2 : 7 mo., 1-2 
bush Pease, 2 yd searg, 6s. p., 22 doz. butt., 15s. 3d.; 25 : 7 mo., 
1 yd. 1-2 of tiking, 3s. 2d. p., silk, 7 1-2 & 41i. suger, 7s. 4d. ; earth- 
en ware, 2s. 3d. & 2 C. nailes, 15d., 4s. 9d.; 2 C. 1 qr. 2 3-4 of 
Iron, 6 1-2 yd. blue linin, 22d. p., 31i. 15s. 7d.; 4 C. brickes pd. 
to John Mason, pots, 9d., 9s. 9d.; 1 bush, indian, 1-2 bush pease, 
1 C. 71i. Iron, Hi. 15s. 6d.; 1 C. great nailes, 41i. Suger, 5 yd 
holland, Hi. 12s.; 5 yd. fine Canvis, 3s. 4d., 1 pr. Stockings, 3s. 

X Autograph. 



170 SALEM QUARTERLY COURT [June 

Mr. Wm. Browne, sr. v. Hen. Leonard. Debt. Withdrawn.* 

George Keaser v. James Browne. Verdict for plaintiff, the 

land in controversy. James Browne, jr., attorney of James 

Browne, sr., appealed to the next Court of Assistants. James 

Browne, jr. and Mathew Price bound. f 

6d., Hi. 2d.; 1 1-2 bush, pease & 1 C. nailes, 3d., 6s. 3d.; 1 bush, 
malt at francis Skeries, 4s. 6d.; for my bote to Carie Coles to 
Marblhead, 4s.; 26 :'6 : 1671, 1 Chalder of sea coles, Hi. 15s.; 
total, 121i. 17s. 6d. Rec'd. p 2 Anchors way 821i. at 6d., 21i. Is.; 
rec'd p Ellis Hendley, 41i. 8s.; total, 61i. 9s.; rest due, 61i. 8s. 6d. 
John Appleton made oath that he keeping the books Mr. William 
Browne sr., posted the above-mentioned particulars from the day 
book to the ledger and delivered the account to Abraham Allin 
and his wife. Sworn in court. 

*Writ, dated June 5, 1673, signed by Hilliard Veren,! for the 
court, and served by Henry Skerry,! marshal of Salem, by attach- 
ment of defendant's interest in the Iron works at Topsfeld. 

fWrit: Mr. George Keaser v. James Browne, glazier; for 
laying claim to or pretending a title and interest in a parcel of 
land of plaintiff's, also plowing and sowing the said land several 
years and for suspicion of taking away the partition fence and 
removing two bound posts; dated June 17, 1673; signed by 
Hilliard Veren,! for the court; and served by Henry Skerry,! 
marshal of Salem. 

Letter of attorney, dated June 24, 1673, from James Browne, 
sr.,§ of Salem to his son James Browne, jr., of Charlestown, 
glazier. Wit: Mathew Price, J Samuell Pickwortht and Robert 
Lord, jr.| 

Mortgage deed, dated June 16, 1664, Christopher (his mark) 
Waller of Salem, traymaker, to James Browne, glazier, for 851L, 
"my now dwelling house in which I liue, lying in Salem," with 
one acre of land, bounded on the west by a lane or highway, on 
the south by some land of John and William Marstone, east by 
land of John Gidney and north by land of Mathew Price, on con- 
dition that said Browne pay 501L to Mr. Edmond Batter, in 
cattle and corn, and 351i. in a mare and colt, English goods and 
money. Wit: Hillyard Veren! and Thomas (his mark) Dier. 

Deed, dated May 23, 1662, from Christopher (his mark) Wal- 
ler 1 1 and Margerett (her mark) Waller 1 1 of Salem to Mathew 
Price of Salem, tailor, for 361i., a dwelling house with about 
ninety rods of land in Salem, bounded on the south by said 
Waler's land, on the east by Joseph Miles, on the west by a lane 
or highway, on the north by the North river; it was to be under- 
stood that the bounds of that land were not to the river 
but to the highway between it and the river. Wit: Thomas 

% Autograph. § Autograph and seal. || Seal. 



1673] RECORDS AND FILES 171 

Cromwell,* Hilly ard Veren* and George Emery.* Acknowledged, 
15 : 5 : 1664, before Wm. Hathorne.* 

Deed, dated July 14, 1664, from Christopher (his mark) Wal- 
ler f of Salem, traymaker, and Margarett (her mark) Waller f 
to James Browne of Newbery, glazier, for 851i., the house in 
Salem in which he now lives, and land, bounded as in the fore- 
going mortgage deed. Wit: George Emery* and Hillyard Veren.* 
Acknowledged, 15 : 5 : 1664, before Wm. Hathorne.* Recorded 
in book 2, fol. 82, on 15 : 5 : 1664, by Hillyard Veren,* 
recorder. 

John Glover, aged about thirty-six years, deposed that Mathew 
Price, about five or six years since, hired him to set up a partition 
fence between his land and the land now in controversy, and 
there were stakes standing as the bounds. Deponent was also 
hired by George Keyser to set up three posts in the line between 
the land of James Browne and the land in controversy, the fence 
being removed which was formerly between them. Deponent 
set the posts as near the line as he could, ranging even with the 
corner post, which was marked with an ax, and he also hired 
the land in controversy of George Keyser for one year and en- 
joyed it without any molestation. Sworn in court. 

Georg Keyser's bill of cost, 21i. 6s. 6d. 

Allester Makemelon, aged about forty-two years, and his wife 
Elesabeth, aged about thirty-two years, deposed. Sworn in 
court. 

Richard Prince, aged about fifty-nine years, and Nathaniell 
Beadle, aged about thirty years, deposed that being desired by 
Mr. George Keser to go with him to James Browne, glazier, to 
demand a reason why he plowed and sowed this land, Browne 
replied because he had a title to it. Keser said that he had a 
bill of sale for it, etc. Sworn in court. 

Benjamin Felton, aged about sixty-nine years, deposed. Sworn 
in court. 

Nathaniel Felton, aged fifty-seven years, deposed that being 
desired to go with Waller to Mathew Price to know if he would 
pay him 31i. for the land in controversy, Price said that when 
Mr. Browne came from Boston he would see if he would pay it 
for him, but Waller said the time had expired and he could stay 
no longer for his pay day with Richard Leech was past. Then 
Waller went to Mr. Browne's and deponent heard Mrs. Browne 
tell him that she knew her husband would not pay a penny for 
Mathew Price. Sworn in court. 

John Marston, sr., aged about fifty-seven years, deposed. 
Affirmed in court. 

Copy of the judgment given by Wm. Hathorne,* assistant, in 
an action of trespass, George Keaser v. Mathew Price, for taking 
away stalks, with verdict for plaintiff. 

* Autograph. t Seal. 



172 SALEM QUARTERLY COURT [June 

Elizabeth Browne, administratrix of the estate of Edmond 
Nicholson, deceased, and Joseph and Samuell Nicholson, the 
natural children and heirs of said Ed. Nicholson v. Capt. James 
Smith. Verdict for defendant, his proprietary in the land.* 

Copy of deed, dated Jan. 16, 1664-5, Christopher Waller and 
Margarett Waller, of Salem, to Mr. George Keaser of Salem, 
tanner, land in Salem, eight poles in length, two poles and twelve 
feet in breadth, bounded by Mathew Price, James Browne, Joseph 
Miles and the highway, etc. Wit: Edward Norice and John 
Orne. Acknowledged, 15 : 3 : 1671, before Wm. Hathorne,t 
assistant. Recorded in book 3, fol. 113, by Hilliard Veren,f 
recorder. The premises were delivered up and possession given 
with livery and seisure, Sept. 19, 1665, before Edward Norrice, 
and Benjamin Felton. Copy made by Hilliard Veren,f cleric. 

Hilliard Veren,f aged about fifty-two years, deposed that he 
was present when possession was given by the different parties 
and could testify concerning the bounds, etc. 

*Writ, dated 11:4: 1673, signed by Hilliard Veren,f for the 
court, and served by Robert Bartlett,f constable of Marblehead, 
by attachment of house and land of defendant. 

Copy of Salem court records, 27 : 9 : 1666, in action of John 
Peach, sr., and others v. William Nick. 

Copy of Salem court records, 27 : 9 : 1660, granting admin- 
istration upon the estate of Edmond Nicholson to his wife Eliza- 
beth, and the disposal of the estate. 

Copy from the town book of Marblehead, attested by Thaddeus 
Riddan,t recorder, that Edmond Nicolson paid in part of the 
purchase of the farm bought of Capt. Hathorne, which was for- 
merly Mr. Jno. Humpherys, 41i.; also Francis Simson paid 41i. 
toward the purchase of the same farm. 

Original letter of Francis Simsonf to Samuell Eburne, dated 
Road Hand, 17 : 1 : 1666, a copy of which appeared, 27 : 9 : 
1666, in Salem court files. 

Letter of attorney, dated June 24, 1673, from Elizabeth (her 
mark) Browne, J administratrix of the estate of her former hus- 
band, Edmund Nicholson, to Thomas Norman. Wit: Richard 
(his mark) Rowland and Nicholas (his mark) Androws. 

John Bartoll, aged about forty-two years, deposed that in the 
year 1651, he was chosen to keep the cows with John Stacey, sr. 
It was ordered that one of them should keep every Lord's day 
with one of the inhabitants, and his turn was to keep with Ed- 
mund Nicholson. They being with the herd in the heat of the 
day when the cattle were lying down in the farm, formerly Mr. 
Humphre's, they fell into discourse about what a brave farm it 
would be if it were one particular man's, but divided as it was 

t Autograph. J Seal 



1673] RECORDS AND FILES 173 

Mrs. Margeritt Michell, Daniell Gookin and Thomas Danforth, 
Esqrs., and Mr. John Cooper, administrators of the estate of 
Mr. Jonathan Michell, deceased v. Mrs. Margeritt Bishop and 
Samll. Bishop, executors of the will of Mr. Tho. Bishop, deceased. 
Withdrawn. 

Mr. Saltonstall being sued by Mrs. Bishop in 1672 and not 
prosecuting, was allowed costs. 

Anthony Carrell v. Hen. Leonard. Debt. Verdict for plain- 
tiff, damage in bar iron.* 

Anthony Carell was allowed a bill of costs against Hen. 
Leonard. 

Edmond Bridges v. Hen. Leonard. Breach of covenant. 
Withdrawn, f 

Joseph Fletcher, the now husband of Israeli, the late widow of 
Henry True, deceased, administratrix of the estate of said True, 
in her name and as attorney to the three children of the said True, 



it would do no good to anyone. And Nicholson said that he and 
his brother Francis Simson had eight pounds in it, but they had 
sold it to Goodman Smith and were glad to be rid of it. Sworn, 
24 : 4 : 1673, before Thomas Danforth, | assistant. 

♦Writ, dated May 15, 1673, signed by Robert Lord,! for the 
court, and served by Robert Lord,! marshal of Ipswich. 

Summons, dated June 19, 1673, for appearance of Anthony 
Carrell to answer the complaint of Henry Leonard, for refusing 
to give possession of land, according to lease. 

Bond, dated 22 : 3 : 1672, given by Henry (his mark) Lenard 
of Bromigum forge in the county of Essex to Anthoney Carrell 
of Essex county, for 131i. to be paid in bar iron at 24s. per hundred. 
Wit: Thomas Lenard J and James Hanscombe.! 

Reckoned 17 : 1 : 1672-3, with Anthoney Carrell, and there 
was due to Henry Leonard, 31i. 4s. 6d.; by 1 C. 191i. bar Iron 
dd. at Ipswidg, Hi. 8s. 3d.; by a qr. of bar Iron dd. to Abraham 
Redington by Carrell's order, 6s.; total, 41i. 18s. 9d. Sworn in 
court. 

Anthony CarralPs bill of cost, 16s. 6d. 

James Hanscombe deposed. Sworn in court. 

Antony Carell's bill of cost, lli. 8s. 

fWrit: Edmond Bridges v. Henry Leonard; non-performance 
of an agreement to deliver two tons of anchor iron; dated June 18, 
1673; signed by Robert Lord,! for the court; and served by 
Joseph Leigh,! deputy marshal of Ipswich, by attachment of a 
parcel of bricks and all his interest in the Iron works. 

J Autograph. 



174 SALEM QUARTERLY COURT [June 

namely, Hen., Joseph and Jemima True v. the Town of Salem. 
Verdict for defendant.* 

John West v. Ruth White. For withholding, keeping and not 
yielding to him the possession of a house and land. Verdict for 
defendant, f 

*Writ: Joseph Fletcher, now husband of Israeli, late widow 
of Henry True, and administratrix of his estate, and attorney to 
the three children of Henry True, Henry, Joseph and Jemima v. 
the common land of the town of Salem; for withholding or not 
laying out a parcel of land that was granted to Henry True, it 
being about forty acres, as per grant upon the town records of 
Salem, under date of 17 : 10 : 1649, which land had never been 
laid out; dated May 27, 1673; signed by Tho. Bradbury,! for 
the court; and served by Henry Skerry,! marshal of Salem. 

"Att A meeting of the Select men the 17 th of y e 10 th m° 1649. 
Henry true doth Request for Land granted fourtie Acres of 
Land." Copied from the town records by Bartlemew Gedny,! 
recorder to the selectmen. 

"Att A generall towne meeting 13 th 2 m 1661, Its ord r ed thatt 
all men that haue any former grants of Land from the towne are 
to come to the select men and make their Claime within one 
yeare after the date hereof or els to Loose It for ever." Copied 
from Salem records by Bartlemew Gedney,! recorder to the 
selectmen. 

At the county court held at Hampton, 4:8: 1659, "Israeli 
True y e relict of Henry True late of Salisbury deceased hath 
letters of Administracon granted unto her by this p r sent courte 
in reference to y 6 estate of y e s d True." Copy made by Tho. 
Bradbury,f recorder. 

Letter of attorney, dated May 26, 1673, given by Henry True,§ 
Joseph True§ and Jemima True,§ all of Salisbury, children of 
Henry True, "sometime of the Towne of Salem & afterward of 
Salisbury," to their step-father Joseph Flecher. Wit: John 
Pike| and Dorithi Pearce.! Acknowledged, May 27, 1673, 
before Robt. Pike,! commissioner. 

Bartlemew Gedney, certified that Capt. Hawthorne, Jefery 
Massey, Jno. Porter, Edmund Batter, Mr. Corwin and Henry 
Bartlemew were the selectmen of Salem when the land was granted. 

Joseph Fletcher's! declaration. 

fWrit: John West v. Ruth White; for withholding possession 
of a house and about 100 acres of land, lately in occupation of 
Thomas White, late of Wenham, and by him conveyed to the said 
John West; dated June 6, 1673; signed by Daniel Denison,! 
for the court; and served by Henry Skerry,! marshal of Salem. 
Bond of Ruth White.! 

t Autograph. § Autograph and seal. 



1673] RECORDS AND FILES 175 

Thomas Fiske, aged about forty years, testified that since the 
death of Thomas White, he had seen a deed of gift of the house 
and farm he possessed at Wenham, which deed was made and 
signed by John White of Lancaster to his son Thomas White of 
Wenham and was made more than eight years since. Also that 
the deed had no seal and was not cancelled, was signed in John 
White's handwriting and witnessed by Josias White, son of said 
John, and brother to Thomas White. Sworn, . May 26, 1673, 
before Daniel Denison.* 

Robert Lord, marshal, deposed that being at Wenham about 
Nov. 17, 1668, at the house and farm in which Thomas White 
then lived, he saw said Thomas give possession by turf and twig 
to John West of Salem. Sworn in court. 

Abraham Drake testified that being at the widow White's 
with John West, he heard him demand possession of the house 
and land, and the widow declared that she had no power to 
deliver it to them. Sworn, June 12, 1673, before Daniel Deni- 
son.* 

James Chute* testified that he saw a writing at Mrs. Numan's 
of Wenhem since Mr. Numan died, it being the deed of gift, etc. 
Sworn, June 12, 1673, before Daniel Denison.* 

Walter Fairfeild, aged about forty years, and Marke Batchel- 
er, aged about thirty-eight years, deposed that they saw the deed 
of gift of the farm in Wenham which was granted to John White 
by the town of Salem, and the date of the deed was in Jan., 1657. 
Further that it was not acknowledged before a magistrate. Sworn 
in court. 

Ruth White's bill of cost, Hi. 4s. 

Thomas Lawthrope deposed that he asked Mr. Newman if he 
had any writing from old Goodman White concerning the farm 
which he gave his son Thomas White, and he said he had, else he 
should never have done what he did. Sworn in court. 

Samuell Ingalls deposed that he witnessed possession given. 
Sworn, June 19, 1673, before Daniel Denison.* 

Mortgage deed, Nov. 1, 1665, Thomas White f of Wenham in- 
debted to John West of Salem for 100H. in consideration of corn 
and cattle received of said West, the goods to be delivered at the 
now dwelling house of West, payable Nov., 1668, in corn, pork 
or fat cattle; and for security, White gave his dwelling house and 
farm of 100 acres in Wenham. Wit: Thomas Pickton* and 
John (his mark) West, jr. Acknowledged, May 9, 1666, before 
Darnel Denison.* Recorded in Ipswich land records, book 3, 
folio 84, by Robert Lord,* recorder. Possession given, Nov. 17 
1668, by Thomas White.* Wit: John Clark* and Samuel Ingals.* 
Robert Lord,* marshal, certified that he saw the possession 
given. 

Henery Skerry, sr., testified that he was at Ruth White's house 

* Autograph. f Autograph and seal. 



176 SALEM QUARTERLY COURT [June 

Sergt. Joseph Bigsby v. Thomas Baker, clerk of the Iron works. 
Debt. Withdrawn.* 

Peeter Toppen v. Jacob Toppin, executor, with Susana, his 
mother, of the last will and testament of his father Abraham 
Toppin. Verdict for defendant.f 

with John West when he demanded possession and she refused, 
saying that she was ignorant of any right he had. Sworn in 
court. 

* Writ, dated 18 : 4 : 1673, signed by John Redington,J for 
the court, and served by John How,| deputy marshal of Ip- 
swich. 

fWrit: Peter Tappan v. Jacob Tappan, executor with Susanna, 
his mother, of the will of his father Abraham Tappan, deceased; 
for not delivering him an estate given him by his late father 
Abraham Tappin upon condition of marriage, etc.; dated June 
16, 1673; signed by Anthony Somerby,J for the court; and 
served by Benjamen Rolfe,| constable of Newbry. Bond of 
Jacob Toppin. J 

Jacob Tappan's bill of cost, 21i. Is. 2d. 

Summons to witnesses, Mr. Henry Sewall, Mr. Joseph Hills 
and Daniel Peirce, jr., dated June 19, 1673, and signed by An- 
thony Somerby,! for the court. 

Original inventory of Abraham Tappan of Nubury. "This 
Inventory doth declear that thar iss 62 u . 18 s 6 d which iss for 
howsolld goodes; the one halfe of which I now sen for bee sides 
Cattell and shepe. the goods being very much under prised 
tharfor I desier I may haue it in Cine." 

Petition of John Knight, sr.:| "I am much trubled to hear 
that ouar frends old goodman Toppen and his son Peetor haue 
soch differanc between them of late which I maruell at: Con- 
sidering how louingly thay haue caried it this 20 years for I 
haue had much Aquintanc with them and Acording too my ob- 
servation the old man have bin vary pessable towards all men 
and vary louing to peetar: peetar haue bin vary dutiful too his 
father and vary carfull of his bisnis when the old man was in 
Ingland and at the barbados and all along vary carfull and pain- 
full in his labor for his fathar at haruest tims: his meedow liing 
neer min: I haue often wrought with him: and I haue obserued 
his dilligenc Raeth: and late willing to Improu all sesons for his 
fathers good: as it is well knouen the care of Improument of the 
estat lay much vpon peetar: if not all for the general!: many 
years and in mattrs of delling apon acounts as ther was a prety 
deall beetween us: I still found peetr vary sauing and carffull in 
acants not willing to lay much apon his on back in Respecke of 
cloas which I blamd him for: and tould him: seing hee had the 

X Autograph. 



1673] RECORDS AND FILES 177 

care apon him: his fathar would bee willing to let him goe han- 
somly in does and lickwies both the old pepell and the young 
haue seuerall times bin speaking of ther content in peeters mach 
espesially the old man seemed to bee much pleased with the con- 
uersation of peeters wife and I am trubled too hear what I now 
doe and I ernestly desiar the welfair of them all." 

Summons, to defendant, dated June 16, 1673, signed by An- 
thony Somerby,* for the court. 

Anah Anger, aged about forty-one years, deposed that about 
eleven years since being at the house of Abraham Tappen, sr., 
she heard both him and his wife say that half their dwelling 
house and half of all was their son Peter's. She also heard him 
say it at "our hous att Cambridg." Sworn, Mar. 14, 1672-3, 
before Edward Tyng. "Recorded the 22 of March 1672-73: 
verbatim (as they came to me sealed up) in the third booke, 
folio: 250: p me Robert Lord,* Rec." 

Copy of deed, dated July 30, 1661, from Abraham, sr., and 
Susana Tappan of Newbery, for the accomplishment of the 
covenants they entered into with Christofer Batt of Boston, by 
which there was to be a marriage between Peeter Toppan, their 
eldest son, and Jane, daughter of said Batt, which having been 
consummated to mutual satisfaction, also for the natural affection 
for their son and recompence for his faithful and dutiful service 
for time past, to said Peter Toppan, from Mar. 10 last forever, 
one-half of the home lot of 26 acres of orchard, plowground and 
pasture, with one-half all other lands in Newberry, and upon 
said Abraham's and Susana's deaths, the other one-half; said 
Peter was to pay six months after their deaths to the rest of his 
brothers and sisters such sums as mentioned in his will; if Peter 
died without issue, the estate was to go to Abraham's other 
heirs. Wit: Anthony Sumersby and St. Sweet, who made oath, 
Aug. 18, 1670, in court. Recorded in the records of lands for 
Essex at Ipswich, in book 3, folio 159. Examined, June 23, 
1673, by Robert Lord,* recorder. 

Tristram Coffin, aged forty-one years, testified that in speaking 
with Abraham Toppan about the promises he had made to his 
son Peter upon his marriage, which he had not performed, es- 
pecially about half of the household goods, he told deponent 
that he had made the promise to help his son to a wife. Sworn 
in court. 

Copy of deed, dated June 21, 1670, from Abraham Tappan of 
Newbury, yeoman, in consideration of a marriage shortly to 
be solemnized between his son Jacob, and Hanah, daughter 
of Mr. Henry Sewall of Newbery, to said Jacob Tappan either 
one-half of his home lot of twenty-six acres of orchard, plow- 
land and pasture, with one-half all his other land in Newbury, 
one-half of the barn and out-houses, which were in his 

* Autograph. 



178 SALEM QUARTERLY COURT [June 

possession July 30, 1661, or the full value of the premises 
aforementioned into ten shillings, with his hay lot at 
Plumbe Island purchased of Richard Dole, with his dwelling 
house as expressed in his will, signed in the presence of Mary 
Lunt, Joseph Hills and Henry Sewall and dated June 20, 
1670, etc. Acknowledged, June 22, 1670, before Daniell Deni- 
son.* Recorded in the record of lands for Essex at Ipswich, book 
3, folio 157. Copy made, Aug. 22, 1670, by Robert Lord,* 
recorder. 

Tristram Coffin, aged forty-one years, testified that he had 
been old Abraham Toppan's near neighbor for twenty years, 
and since said Toppan's death, he had seen several parcels of his 
household goods in the possession of Susanah Toppan and Jacob 
Toppan, the old man's executors. Also that when Petar Toppan 
was married, his father had about twenty neat cattle, twenty or 
thirty sheep and several horse kind and swine, worth lOOli. 
Sworn in court. 

Jacob Tappan's answer to the complaint. 

John Lewis, aged about fifty-seven years, deposed that about 
nine or ten years ago, he heard Abraham Tappan, sr., of New- 
bury say that he had given half his estate to Peter, etc. Sworn 
at Boston, May 20, 1673, before Edward Ting, assistant. "Re- 
corded verbatim out of the originall 22 th day of march 1672-73. 
sent unto me sealed up Robert Lord* Reed." Copy taken, 
June 11, 1673, from the third book of records, folio 250. 

Petter Toppan* affirmed concerning the promise when he 
was married. 

Anah Anger, aged about forty-one years, deposed that about 
two years since she "went to give my Brother and sister Tappen 
a uiset and in the morning befor I came from thence my onkell 
Tappen Came in to my brothers hous and sayed that ther wer 
maney suspecions and Jelesis that I would wrong my sonn but 
I will perform all ingaigments to him I will not wrong him for 
my wright hand." Sworn, Mar. 14, 1672-3, before Edward 
Tyng, assistant. Recorded by Robert Lord,* rec, Mar. 22, 
1672-3, in book 3, folio 250. 

Jane Toppan, aged about forty years, deposed that when her 
father Abraham Toppan came to Boston to treat with her father 
and mother about her marriage, said Abraham made many 
promises and most of what he had should be Peter's. Also if 
she would consent to match with his son Peter, he would give 
him half his estate as soon as he was married, etc. Deposed, 
June 28, 1673, before Robt. Pike,* commissioner. 

Ann Batt of Boston, widow, aged about seventy-two years, 
testified the same. Sworn, Mar. 14, 1672-3, before Edw. Tyng, 
assistant. Recorded by Robert Lord,* in book 3, folio 250. 

* Autograph. 



1673] RECORDS AND FILES 179 

Capt. James Smith v. Erasmus James. Appeal from a judg- 
ment granted by Worshipfull Major Wm. Hathorne. Verdict 
for plaintiff, the reversing of the former judgment.* 

*In an action of Erasmus James v. Capt. James Smith, 21 : 
2 : 1673, before Wm. Hathorne,f assistant, for debt, judgment 
was given for plaintiff. Defendant appealed. 

Copy of the writ made by Wm. Hathorne,f assistant. 

Copy of the bill due made by Wm. Hathorne,f assistant: 
Capt. James Smith debtor to Erasmus James, myselfe & horse 
one day helping him to Look for his horses, 5s. 6d. ; my selfe one 
day helping him at his house, 3s. 6d.; my wife making 4 shirts 
for you & threed, 4s. ; making of 3 pr. of drawers for you & threed, 
3s. 6d.; serving an Exicution for you upon Jno. Clemence, 2s. 
6d.; for a sadle Cloth you lost of myne, 4s.; total, Hi. 3s. 

Capt. James Smith's bill of cost, 21i. 12s. 5d. 

Erasmus James' bill of cost, Hi. 12s. 3d. 

James Smith'sf reasons of appeal, received June 16, 1673, by 
Wm. Hathorne :f that there was no date on the bill and the 
complaint was made to begin a quarrel with him, etc. 

Answer of Erosomus Jamesf to James Smith's reason of appeal 
from the judgment of the honored Major William Hathorne, a 
minister of his Majestyes Justice: that the bill was a memoran- 
dum, and as to the testimony of a negro, which he says is not 
legal, he replied that the negro was of such carriage and knowledge 
that her testimony had been accepted several times before this, 
etc. 

Jno. Legg, aged twenty-eight years, and Thomas Powell, aged 
thirty years, testified that James Smith desired them both to go 
with him to Erasmus James', which they did, and Smith asked 
James if they might not choose one man each to settle the busi- 
ness, but Erasmus refused. Sworn, 21 : 2 : 1673, before Wm. 
Hathorne,f assistant. 

Jno. Waldron, aged about forty-six years, and Saml. Rowland, 
aged about twenty-six years, deposed that on Feb. 10, Erasmus 
James desired them to go to Capt. James Smith's house, where 
said James said "Uncle Smith I have desired Jn° Waldron to 
come with mee, that I might satisfy you for that eighteen shillings 
that you doe demand of mee." Smith answered, "I did Ord r 
you to pay itt to Jn° Waldron, then said James Asked of Capt. 
Smith whether he could demand any mor of him & if that were 
all doubleing ouer two or three tymes, to y 6 said Smith: then 
Capt. James Smith Answared & said; this eighteen shillings is 
all that I can demand of you; upon all accounts from y 6 begining 
of y* 5 world to this day, then y e said James Answared uncle Smith ; 
I will pay itt to Jn° Waldron & the said Waldron did then except 

t Autograph. 



180 SALEM QUARTERLY COURT [June 

of itt: so they both ended ther discourse about y 6 eighteene 
shillings very friendly as wee thought." When they went out, 
James said "Uncle Smith I have now payd you w l you can demand 
of mee. now I would haue you pay mee that w ch is my due: 
upon which y e sayd Erasmus pul d out a paper & read y 6 pticulers 
to y 6 said Smith: he then did owne some of them & some he did 
nott, butt in fine he said he would not pay y e said James any 
thinge w th many other words the said Smith used as if he were 
angry." Sworn, 21 : 2 : 1673, before Wm. Hathorne,* assistant. 

Edward Bennett, aged about seventeen years, deposed that 
about a year since, Capt. James Smith came to his master Eras- 
mus James' to borrow a saddle and saddle cloth, which said 
James loaned him, the cloth being a yard of new red cotton, if 
not an ell. It was never returned, and deponent heard Smith 
say that it was lost and he would give said James a new one for 
it. Sworn, 21 : 2 : 1673, before Wm. Hathorne,* assistant. 

Jno. Legg, aged about twenty-eight years, and Mary Dill, 
aged about twenty-two years, deposed that about two years 
ago James Smith had occasion to take up two horses, and de- 
ponent helped him about four or five hours with Erasmus James 
and Richard Rowland. When they came home, said Smith had 
dinner provided for them and also a bottle of liquor. After- 
ward, Smith said, " Gentlemen I am willing to sattisfy you for 
your paynes," offering to pay them, but all said they were well 
paid, etc. Sworn, 21 : 2 : 1673, before Wm. Hathorne,* assistant. 

Mary Rowland, aged about forty-six years, and her negro 
maid, aged about sixteen years, deposed that about six or seven 
months ago, Mary, wife of Erasmus James, made for James 
Smith four shirts, for which 4s. is usually paid, also three pair of 
drawers which are counted at 3s. usually. Deponent also de- 
posed that Mary made them after she had married said Erasmus 
James, before said Smith's wife had come into the country. 
Sworn, 21 : 2 : 1673, before Wm. Hathorne,* assistant. 

Richard Rowland, aged about fifty-five years, and Mary, his 
wife, aged about forty-six years, deposed that Erosmus James 
did one day's work at said Smith's house, which was to "take 
abroad" a great chest that would not go into his door and put 
it together again, etc. Sworn, 21 : 2 : 1673, before Wm. Hath- 
orne,* assistant. 

Jno. Clemence, aged about sixty years, deposed that when said 
James was constable, he levied an execution upon deponent, 
which was given to Capt. James Smith upon judgment granted 
him against deponent by Maj. Wm. Hathorne, etc. Sworn, 
19 : 2 : 1673, before Wm. Hathorne,* assistant. 

Richd. Rowland and Edward Bennitt testified concerning 
looking for Smith's horse in Salem woods. Sworn, 21 : 2 : 1673, 
before Wm. Hathorne,* assistant. 

* Autograph. 



1673] RECORDS AND FILES 181 

Capt. James Smith v. Richd. Rowland. Verdict for plaintiff. 
Court moderated the bond.* 



Thomas Powell, aged about thirty years, and Mary Dill, aged 
about twenty-two years, deposed. Sworn, 21 : 2 : 1673, before 
Wm. Hathorne,f assistant. 

Mary Dill, aged about twenty-two years,, deposed that in 
1670, that her father James Smith reckoned with Erasmus James, 
etc. Sworn, 21 : 2 : 1673, before Wm. Hathorne,f assistant. 

Robt. Starr, aged about forty-seven years, deposed that the 
saddle cloth was lost when he was employed by Smith, etc. 
Sworn, 21 : 2 : 1673, before Wm. Hathorne,f assistant. 

*Writ, dated Apr. 4, 1673, signed by Moses Mavericke,f for 
the court, and served by Robert Bartlett,f constable of Marble- 
head. 

Warrant, dated Nov. 19, 1672, to John Walldren of Marbell- 
head, for the apprehension of James Smith and Thomas Powell, 
for breach of the peace in striking Richard Rowland. 

Copy of Wm. Hathorne'sf judgment in an action of Richard 
Rowland v. Capt. James Smith, 23 : 7 : 1672, for withholding 
a trough of said Rowland's. He found for the plaintiff. 

Capt. Smith's bills of cost, lli. 2s. and Hi. 8s. 4d. 

Copy of the Salem court record of 26 : 9 : 1672, of complaint 
of Richard Rowland against Capt. James Smith, for abuse, 
made by Hilliard Veren,f cleric. 

John Walldren, aged forty-seven years, Thomas Powell, aged 
about thirty years and Mary Dill, aged twenty-two years, deposed 
that the constable came to Smith's house with the black staff 
in the morning before Smith was up, with a special warrant, etc. 
Sworn, 24 : 1 : 1672-3, before Wm. Hathorne,f assistant. 

Copy of an agreement, dated Aug. 30, 1670, between James 
Smith and Richard Rowland, his brother-in-law, both of Mar- 
blehead, that upon mediation of friends, they bound themselves 
in 401i. that they would live peaceably and quietly, and whoever 
should be the occasion of future trouble should forfeit 401i. Wit: 
Moses Mavericke, Erasmus James and Christopher Latamore. 
Copy made, 24 : 1 : 1672-3, by Hilliard Veren,| recorder. 

Elisebeth Browne, aged about fifty-six years, deposed that in 
Mar., 1672-3, having occasion to go to Capt. Smith's house to 
demand her right of some land, Richard Rowland and his son 
Samuell went as witnesses, they being her near neighbors. When 
said Rowland went in, Smith "broake oute into a deadly pashone 
And saide geite you oute of my house or elce i will seate you oute," 
and looked around for something to fling at said Rowland, etc. 
Sworn, 21 : 1 : 1672-3, before Wm. Hathorne,f assistant. 

John Walldron, aged about forty-seven years, and Erasomus 

+ Autograph. 



182 SALEM QUARTERLY COURT [June 

Mr. Phillip Cromwell v. Rowland Rainsbury. Verdict for 
plaintiff.* 

John Godfery v. Edw. Cleark, Verdict for defendant.! 

James, aged about thirty-eight years, deposed that they went 
with Richard Rowland to his brother James Smith's house, and 
Rowland said, "Brother Smith, I am Come for my troufe, you 
might haue Brought it home: you haue had it a long time." 
Smith refused to give it up and made provoking speeches not 
becoming a brother or a neighbor. Sworn, 23 : 7 : 1672, before 
Wm. Hathorne,! assistant, and copy made by him. 

♦Writ, dated May 22, 1673, signed by Hilliard Veren,J for the 
court, and served by Robert Bartlett,| constable of Marblehead. 
Bond of Moses Mavericke.f 

Philip Cromwell's bill of cost, Hi. 2s. 

Bond, dated June 28, 1670, Rowland (his mark) Ransbury§ of 
Marvelhead, fisherman, to Phil. Cromwell of Salem, for 81i., 
to be paid in fish or mackerel. Wit: Thomas Ives| and James 
Ashby.J Sworn to, 26 : 4 : 1673, by Thomas Ives, in Salem 
court. 

fWrit: John Godfry v. Edward Clarke; for, as the marshal's 
deputy, not performing his office in levying an execution of 
about 1381i. which said Godfry obtained against Mathias Button, 
and through fraudulent dealing of said Clarke, had not received 
one penny; dated June 11, 1673; signed by Anthony Somerby,J 
for the court; and served by John Bond, sr.,J constable of Haver- 
hill. 

John Burbancke, aged about thirty years, deposed that this 
last spring he was desired by John Godfrey to appraise some 
land of Mathias Button to satisfy an execution which Edward 
Clarke was to levy, and he and Daniel Lad, jr., appraised all 
the land within the fence near Button's house broken up and 
unbroken, about six acres at 51i. per acre, and also two or three 
acres of land unfenced that lay about the house, together with 
the house at 45s., per acre. Said Clarke began to measure the 
land, and measured about a mile into the woods, said there was 
land enough, but measured none of the land within the fence and 
would have delivered the land without the fence to Godfery. 
He would also have had deponent set his hand to an appraise- 
ment of the land at 45s. per acre, which he refused to do, not 
having seen the land. Upon returning home, Edward Clerke 
told John Godfrey that nothing was done and that he would 
return the execution to him. Sworn, July 16, 1672, before Daniel 
Denison.J 

Thomas Dustan and James Kingsberry testified. Sworn, 
June 23, 1673, before Nath. Saltonstall,J commissioner. 

X Autograph. § Seal. 



1673] RECORDS AND FILES 183 

Mr. Ralph King v. the Town of Lyn. Verdict for defendant.* 

Thomas Fouler, aged about thirty-seven years, deposed. 
Sworn, June 18, 1673, before Daniel Denison.f 

Abraham Whiticker, sr., deposed. Sworn, June 23, 1673, 
before Nath. Saltonstall,f commissioner. 

Copy ot writ of execution, dated Boston, Mar. 13, 1671-2, 
against Mathias Butten, to satisfy judgment granted John God- 
fery, by the Court of Assistants, Mar. 5, 1671-2, signed by Ed- 
ward Rawson, secretary, and served by Edward Clearke, deputy 
for Edward Nicholson, marshal general. Copy made by Hilliard 
Veren,f cleric. 

*Writ: Ralph King v. the Town of Lyn; for not allowing 
him 251L in land according to an order of the committee, and 
given by authority of the county court at Salem to said King in 
relation to a highway to Marvellhead which said committee laid 
through the land of said King; dated June 17, 1673; signed by 
John Fuller,! for the court; and served by Samuell Hartt,f deputy 
for Crispas Brewer,f constable of Linn. 

On 21 : 10 : 1672, Wm. Hathorne, sr.,f Edmond Batterf and 
Henry Bartholmew,f who were appointed by the court to ap- 
praise the damage due Mr. Ralph King, reckoned it 251i. Sworn 
in court, 25 : 4 : 1673, before Hilliard Veren,f cleric. 

Agreement, dated Lyn, July 5, 1669, between Moses Mavericke, 
Richard (his mark) Rowland, John Peach and Thomas (his mark) 
Pitman for Marblehead, and Allen (his mark) Bread, sr., John 
Fuller, Andrew Mansfeild and John Burrill, as copied from the 
town book, 18:4:1673 by Thomas Laughton,f cler.: "The 
men Agreed one & chossen to lay out y countrey highway be- 
twixt Lyn & marblehead in each Towne accordinge to law, by 
consent beinge mett att Lyn began att Lyn Towne & soe went 
one the countrey Road way, till we came to william Bassets 
feild where wee Agreed yt the highway shall enter into his feild 
foure poles before wee came to y e hollow adioyninge to his fence 
& william bassetts fence to y e Brooke within m r kings ground 
foure poles alonge y e accustomed highway relatinge to y e former 
way w ch wee apprehend is noe mans proper Land but a countrey 
highway thirty & odd years to y e knowledge of many of us to 
ye Brook which runeth into y e sea att y e Beach or sand & over 
y* Brooke to bee a convenient Bridge for horse and carte where 
y e foot Bridge now is & ye way is to bee from y e upper side of y e 
said Bridge to low watter marke & after wee are over y e Brooke 
towards m r kings house y 6 way is to bee foure poles wide aboue 
high watter marke unto y e risinge of y e hill neare aboute y e corner 
of ye hedge fence to ye northward of ye gate eight poles wide 
aboue ye Banke & from thence a longe the accustomed way 
before his house to ye Beach three poles onely before his house 

t Autograph. 



184 SALEM QUARTERLY COURT [June 

but tow poles wide and soe a pole wide aboue the high water 
marke neare vnto ye place formerly called ye pott house & soe 
foure poles wide alonge ye accustomed highway unto a greate 
Rocke one ye right hand ye way a little before wee come to Dan- 
iell Kinge Junior: his feild soe called & soe to runn crosse ye 
sd feild one a streight line foure poles wide vnto ye acustomed 
way risinge up ye hill one ye other side & soe fouer poles wide 
alonge ye accustomed highway unto ye Township of marble- 
head & from ye enteringe into ye Townshipe of marblehead 
alonge ye accustomed roade while wee com to ye fence of m r 
Devericks & soe a longe yt fence leavinge it one ye right hand 
fouer poles wide & soe alonge ye accustomed countery roade 
w ch wheeles toward ye Bridge called ye new Bridge continuing 
foure poles wide & soe a longe ye accustomed road aboue ye 
browe of ye hill while it extend to the Easterly part of ye plaine 
called m r mavericks plaine neare vnto ye dwellinge house of 
Henry Stacy & then to take ye left hand way risinge up ye hill 
& soe extend it seulfe alonge yt way Betwixt Daniell veales & 
ye hill att ye foot of ye hill where ye road or Beaten path goeth 
leauinge ye hill one ye right hand & soe extend it seulfe to ye 
stone wall of capt Smith & soe alonge y* fence alonge ye comon 
road over ye Bridge while ye road wheele to ye right hand ward 
& soe to take ye advantage of ye hill upward & downward while 
wee com to the Bottom of ye hill alonge by ye fence of william 
Nix to yt place all alonge foure poles wide & soe through ye 
Towne unto ye Dwellinge house of m r moses mavericke alonge 
as ye comon Road lyeth tow poles wide." 

Capt. Richard Walker and Ezekiell Needam testified. Owned 
in court. 

Bill of cost of the town of Lynn, 21i. 16s. 

Copy from the Salem court records, 30 : 4 : 1671, of the 
report of Wm. Hathorne, Edmond Batter and Henry Bar- 
tholomew, who laid out the highway as it then ran along by 
the sea side, four rods wide, etc. Copy made by Hilliard Veren,* 
cleric. 

Henry Collins, aged about forty-two years, deposed that he 
with his brother John Collins, being at work at Mr. Ralph King's 
when the layers out were there, the latter desired them to go 
along to drive the stakes, which they did. Some of the gentle- 
men asked how long the stakes would stand, and Mr. King said 
in a short time he would make substantial bounds which would 
remain, and that deponent and his brother should help him. 
They heard no more about it, but the stakes were soon gone and 
a fence was set by Mr. King, etc. John Collins, aged about 
forty years, deposed the same. Sworn in court. 

John Ramsdale, sr., deposed that he had known no other 
highway to Marblehead from Lynn, for about forty-two years, 

* Autograph. 



1673] RECORDS AND FILES 185 

Hen. Trivett v. John Roades. Trespass. Withdrawn.* 
Owen Hendy v. Susana Harding, wife and attorney of Phillip 

Harding. Slander. Withdrawn. 

Robert Crosse, jr. v. Ezekiell Needham. Debt. Verdict for 

plaintiff, f 

save that by Mr. King's, and never knew that any travellers 
Avere molested on it. 

Andrew Mansfeild and Thomas Newhall testified that they 
heard Mr. Ralph King say that he would give 10H. that the 
country highway to Marblehead might not go through his farm. 
This was several years since when there was a debate about the 
said way. 

Copy of a record of a town meeting, 20 : 4 : 1673, made by 
Thomas Laughton,| cleric: "It was voted y* y e selectmen or 
whom they shall appoynt should Answere m r Ralph Kinge in 
y* action he psecuteth agast the Towne for 251i. concerninge a 
highway and haue power giuen them by ye Towne to psecute 
ye sd action to effect." 

Copy of a record of a meeting of the selectmen of Lyn, 23 : 4 : 
1673, made by Thomas Laughton,f cleric: "Thomas Laughton 
senior Serg* Andrew mansfeild & Thomas Newhall Junior were 
chossen to Answere M r Ralph Kinge in y e action he sueth the 
Towne for 25 u- concerninge a highway as alsoe they were chossen 
& haue power given them to doe what may be thought meet by 
them to haue the new way w ch ye Towne hath been att soe much 
charge aboute to bee ye countres Highway betweene Lyn & 
Marblehead." 

*Writ: Henry Trevit v. John Roades, sr.; trespass; for 
breaking bulk and illegally disposing of the fish or part of their 
voyage of fish, in which said Trevit t is interested as partner in 
the voyage, without his knowledge or consent; dated June 10, 
1673; signed by Hilliard Veren,| for the court; and served by 
Robart Bartlett,J constable of Marblehead. 

fWrit, dated 11 : 4 : 1673, signed by Hilliard Veren,| for 
the court, and served by Thomas Iovrye,j constable of Linn. 

Roberd Cross' bill of cost, 21i. 3s. 

Letter of attorney, dated June 16, 1673, from Robert Cross.§ 
of Ipswich to Phillip Fouwler of Ipswich. Wit: Andrew PeetersJ 
and Joseph Fowler. J 

Nicholas Huchin, aged about thirty-five years, deposed that being 
with Ezekiell Needham and Robert Crosse at Lyn last October, 
Robert Crosse sold to Needam 2,000 feet of sawed boards and 
agreed to deliver them at the sloop that lay then aground at Mr. 
Tutle's beach, for which Crosse was to receive 311. in goods and a pair 
of shoes at the house of said Needham. Sworn in court. 

J Autograph. § Autograph and seal. 



186 SALEM QUARTERLY COURT [June 

Edmond Bridges v. Hen. Leonard. Non-performance of 
agreement to supply said Bridges with iron and coal. With- 
drawn.* 

Wm. Row v. John Leigh. Verdict for plaintiff, f 

Robert Ingalls, aged about twenty years, deposed that he 
went with Ezekiell Needdam to bring home the parcel of boards, 
etc. Sworn in court. 

Stephen Cross, aged twenty-six years, deposed that there 
were supposed to be 2,000 feet of merchantable boards, but 
when he and Mr. Needham took account of them, there were 
not above 1,200 feet and those all refuse. Sworn, June 20, 1673, 
before Edward Tyng,| assistant. 

John Cogeswell, aged about twenty-three years, deposed that 
he being with Roberd Crose at Lin when he bargained with de- 
ponent's master Nedum, etc. Sworn, June 23, 1673, before 
Daniel Denison.J 

Samuell Sillsby testified that he was at Linn, etc. Sworn in court. 

John Nuell, aged about thirty-five years, deposed that being 
desired to measure the parcel of boards, he found 1,120 feet, etc. 
Sworn in court. 

* Writ : Edmond Bridges v. Hennary Lenard ; for not supply- 
ing said Bridges with iron, coal, steel and goods and provisions 
for his family; dated 18 : 4 : 1673; signed by John Redington,| 
for the court; and served by Joseph Leigh, J deputy marshal of 
Ipswich, by attachment of a parcel of pots and rails and the 
goods in the house in which he dwells. 

tWrit: William Row v. John Leigh; for insinuating dalliance 
and too much familiarity with his wife, drawing away her affec- 
tions from her husband, to the great detriment both in his estate 
and the comfort of his life; dated Mar. 28, 1673; signed by 
Robert Lord,! for the court; and served by Robert Lord,| mar- 
shal of Ipswich. Bond of Joseph Leigh! and John Leigh. J 

Copy of the papers in the complaint against John Leigh and 
Sarah Roe, taken from the Ipswich court records and files of 
Mar. 25, 1673, by Robert Lord,! cleric. 

Bill of cost, 21i. 14s. 6d. 

Letter of attorney, given by John Leigh § of Ipswich to his 
brother Joseph Leigh. Wit: Elsebeth WodwordJ and Richard 
(his mark) Lambard. Sworn, 26 : 4 : 1673, before Wm. Hath- 
orne.J 

Letter of attorney, dated Apr. 7, 1673, given by William (his 
mark) Rowe, resident in Ipswich, to Mr. John Pickard of Rowle. 
Sworn, Apr. 8, 1673, before Daniel Denison.J 

Mary Sparke deposed that being at William Rowe's house, 
together with Thomas Day and his wife one Sabbath day at 

1 Autograph. § Autograph and seal. 



1673] RECORDS AND FILES 187 

night, there arose a discourse between us about fishing, and some 
of them asking him whether he intended to go fishing, he answered 
that he intended not to go out of the town this winter although 
he said he had an invitation by a letter from a friend to go to 
the Isle of Sholes to split fish" by the month. However, he did 
not intend to go for such small wages as were proffered him. 
This was before his child died. Elizabeth Woodward deposed 
the same. Sworn before the Worshipful Maj. Denesson, as his 
worship attested in court, before Hilliard Veren,* cleric. 

George Giddings and Jane, his wife, deposed that soon after 
their marriage, William Roe and Sarah, lodged at his house, and 
carried it lovingly and kindly as man and wife. Sworn, June 19, 
1673, before Samuel Symonds,* Dep. Gov. 

Samuell Graves and Grace Graves testified that their sister, 
the mother of Sarah Roe, consented to the match of her daughter 
Sarah with Roe, "because wee had Intelligence from y e Island 
where he lived that he was a man of a Good Carriage, of a Good 
estate, Able to mentaine a wife, as also that he was very In- 
dustrious to emprove his estate & kind for that end which match 
Sarah Roe at first was unwilling to accept of but at his second 
Comeing distance of time betwixt the match went on to our 
apprehension with Mutuall sattisf action : But since the business 
fell out about John Lee his accompanying of her, we know that 
he hath bene much distressed in his spiritt, & Letted in his Cal- 
ing and at great uncertainty with relation to his famyly. we 
speaking with Thomas Day ou r Cousin that married her sister 
about Sarah, He told us that when she was first married Sarah 
Carried well to her husband till John Lee frequented the House 
& her Company when her husband was abroad a fishing, & speak- 
ing of her husband W m Roe he spoke of him in a deriding 
way of the disparagement of his person; & she answered, well 
why is he not as other men, If you had bene a sea man as 
long as hee you would have had wrinkls in you 1 forehead as 
well as hee excusing John Lee's disparageing words: further 
we know that he left his place at y e Isleands for sattisfaction 
of his wife & freinds." Sworn, June 23, 1673, before Daniel 
Denison.* 

Elizabeth Hunt, aged about thirty-six years, deposed that 
Sarah Roe being at deponent's house the Monday before her 
marriage, said what she had said against Wm. Roe was in jest, 
for she loved him better than any man in the world. Deponent 
asked her if she would go to live at the Islands and she said no, 
that her husband would buy a piece of land in town of Baker 
Wood and her father would build her a house on it. After they 
were married, deponent was at Goodman Rust's, whose wife 
was very intimate with Sarah Roe, and she said that Sarah would 
have loved her husband well enough if John Lee had not kept 

* Autograph. 



188 SALEM QUARTERLY COURT [June 

Mr. John Todd v. Robt. Orchard. Debt. Verdict for plain- 
tiff. John Williams, attorney of Rob. Orchard, appealed to 
the next Court of Assistants. John Williams and Capt. James 
Smith bound.* 



her company after she came from the Shoals. Sworn, June 23, 
1673, before Daniel Denison.f 

Mary Fullar, wife of James Fullar, deposed that Sarah Roe 
told her that she would have her at her wedding if she had nobody 
else. Also that deponent had heard Sarah's Aunt Peettar's 
wish her to have a care what she did, and not to marry him if 
she did not love him. "She also told her she had better breacke 
of now then after wards if she cold not loue him for that wold 
be a disgrace to her selue and to all her frends tow. do not you 
feare that saith Sarah I loue him well enough : . . . I hard Sarahs 
owne mother say to her Sarah have a care what you do: be sure 
you can loue him: if you can loue him tacke him: and do not 
say that I p r swaded you: its you that must liue w th him and 
n ot I : thearef or be sure you loue him and her moth r was very 
seariouse w th her." Sworn, June 23, 1673, before Daniel Denison.f 

Samuell Hunt deposed that after Sarah Row was married he 
saw her in John Leigh's house, where he asked her for some oil. 
Leigh replied that the town had given liberty to a company of 
ugly fishermen to come into town, but they were not any better 
for their coming but a hundred pounds worse. Leigh was very 
angry and walking to and fro, the woman sitting in a chair before 
the fire, weeping, etc. Sworn in court. 

*Writ, dated June 17, 1673, signed by Jonath. Negus, f for 
the court, and served by Rich. Wayte,f marshal, by attachment 
of the goods of Robert Orchard in Boston, also a house that he 
said was his own. 

John Tod's bill of cost, 21i. 6s. 

Mr. Orchard, a hatter in Boston, Dr., to five sheepe woole 
ruggs, 91i. 14s.; to 17 yards of Blankitting at 4s. 6d. p yard, 
31i. 16s. 6d.; to three barrells of beefe, 61i.; total, 191i. 10s. 6d. 
All this was delivered by his order by John Tod. 

Returne Waite, aged about thirty years, deposed at Boston, 
19 : 5 : 1673, concerning the debt. Sworn, June 19, 1673, before 
Anthony Stoddard, f commissioner. 

Wm. Boynton, aged sixty eight years, deposed that about 
two years and a half ago he was employed by John Tod of Row- 
ley to carry rugs and blanketing to Boston for the use of one 
Mr. Orchard, a hatter, which he delivered for his use at Mrs. 
Milum's near the old draw bridge, and took a shoemaker who 
lived by the bridge as a witness. Sworn, June 23, 1673, before 
Daniel Denison.f 

t Autograph. 



1673] RECORDS AND FILES 189 

Wm. Goodhue v. Joseph Leigh. Trespass. Robt. Lord, sr., 
by the court's testimony from the desire of the plaintiff, was 
allowed attorney to prosecute this action.* 

Letter of attorney, dated June 24, 1673, given by Robert 
Orchard, f of Boston, feltmaker, to John Williams of Boston. 
Wit: James Smith! and John Peach.! Sworn in court. 

Benjamin Gibbs, aged about thirty-six years, deposed that 
in or about April 1671, he received into his warehouse three 
barrels of beef for Mr. Robert Orchard. After a little time he 
opened the barrels and found the contents bad, so that he gave 
a receipt accordingly for "stinking Carryon Beefe." Mr. Orchard 
being absent, and deponent seeing that the beef would not 
yield anything here, sent it to Jamaico by Mr. Elias Roe, who 
upon his return gave it "the like Carracter" as before, and de- 
clared that he could not get anything but a very low rate for it. 
But deponent having shipped off the beef without order from 
said Orchard, he was not willing to receive the produce thereof, 
wherefore very unwillingly deponent allowed him 20s. p barrel 
in goods at money price. Sworn, June 23, 1673, before Thomas 
Clark, f commissioner. 

Benjamen Emons, aged about twenty-six years, deposed that 
he witnessed the delivery of the goods by William Boyington 
at the shop where sometimes Robert Orchard use to sell hats in. 
Sworn, 18 : 4 : 1673, before Anthony Stoddard,! commissioner. 

*Writ: Dea. William Goodhue v. Joseph Leigh; trespass; 
for hoeing up ground and knocking off boards from his barn, 
thereby claiming title to his said land and barn; dated June 17, 
1673; signed by Robert Lord,! for the court; and served by 
Phillip Fouler,! deputy for Robert Lord,! marshal of Ipswich. 

Dea. Wm. Goodhue's bill of cost, Hi. 7s. 6d. 

Copy of deed, dated Dec. 2, 1671, Nathaniel Browne of Ip- 
swich, soapboiler, to Joseph Leigh, all his housing and land in 
Ipswich, his soap house, the house at the lime kiln and a piece 
of land adjoining the house in which he now lives, also a piece 
of land of six rods square which he bought of Samuell Younglove, 
lying at the southwest corner of said Younglove's pasture, facing 
the street upon the west side, and adjoining Goodman Young- 
love's upon the south side, and the other two sides. Wit: Peter 
Genings and John (his mark) Hunkins. Recorded, Mar. 21, 
1672, among the records of lands for Essex at Ipswich, book 3, 
folio 249. Sworn, before Samuell Symonds and copy made by 
Hilliard Veren,! cleric. 

Deed, dated Dec. 26, 1671, Samuel Younglove f of Ipswich, 
wheelwright, for 131i., to Nathaniell Browne, soap boiler, of 
Ipswich, a parcel of land six rods square at the southwest corner 

t Autograph and seal. J Autograph. 



190 SALEM QUARTERLY COURT [June 

of said Samuel's pasture, and joining to old Goodman Younglove, 
upon the south side and joining to the said Samuell's on the 
east side and the north side, the which land the said Younglove 
has sold to Nathaniell Browne. Said Browne was to maintain 
a sufficient five-rail fence. Wit: John Pemberton* and Samuell 
Younglove.* Recorded, Mar. 19, 1672, among the records of 
the lands for Essex at Ipswich, book 3, folio 247, by Robert 
Lord,* recorder. 

Deed, dated Apr. 1, 1673, Nathaniell Browne f of Ipswich, 
soapboiler, for 271L, to Deacon Wm. Goodhue of Ipswich, mer- 
chant, the land with the barn upon it, which land he lately pur- 
chased of Samuell Younglove, jr., containing six square rods, 
in Ipswich, on the south side of the river, it being a corner of 
said Younglove's pasture or house lot, bounded by the land of 
Samuell Younglove, sr., on the south, by the street along by 
the river on the west, and by land of said Samuell on the north 
and east. Wit: Robert Lord,* and Mary Lord.* Acknowledged, 
Apr. 1, 1673, by Nathaniell Browne, and by his wife Judith, who 
released her dower, before Daniel Denison.* Recorded, Apr. 1, 
1673, among the records of lands for Essex at Ipswich, book 3, 
folio 252, by Robert Lord,* recorder. 

Deed, dated Apr. 21, 1673, Samwill Younglove, jr.,f of Ipswich, 
wheelwright, to Nathaniell Browne of Ipswich, soapboiler, for 
131i., the same property as under date of Dec. 26, 1671, the latter 
conveyance not having been legally acknowledged. Wit: Nath- 
aniell Rust* and Joseph Jacob.* Acknowledged, Apr. 25, 1673, 
before Daniel Denison.* Recorded, Apr. 26, 1673, among the 
records of lands for Essex at Ipswich, book 3, folio 256, by Robert 
Lord,* recorder. 

Thomas Sparke and Marey Willsonn, each aged about twenty- 
two years, deposed that Joseph Leigh threatened to sue their 
master William Goodhue, if he came upon the ground that he 
bought of Nathaniel Browne, etc. Sworn, June 23, 1673, before 
Daniel Denison.* 

Samuel Younglove, sr. and his wife deposed that Nathaniel 
Browne gave William Goodhue, sr., possession before them, etc. 
Sworn, June 23, 1673, before Daniel Denison.* 

Goody Younglove, sr., deposed that Joseph Leigh knocked off 
the boards of the barn and threw out things that were in the 
barn and said he would carry them away presently. Sworn, 
June 23, 1673, before Daniel Denison.* 

Thomas Sparke deposed. Sworn, June 23, 1673, before Daniel 
Denison.* 

Lydyah Yonglove, aged about thirty years, testified. Sworn, 
June 24, 1673, before Daniel Denison.* 

* Autograph. t Autograph and seal. 



1673] RECORDS AND FILES 191 

Selectmen of Lynn, in behalf of the inhabitants of the town 
v. John Ottowaye and Joseph Edmonds. Concerning title of 
land. Verdict for defendants.* 



*Writ: Selectmen of Lynn, in behalf of the inhabitants of 
Line v. John Ottaway and Joseph Edmonds; for the title of 
land adjoining to William Merriam's farm in Line bounds, con- 
taining about eighty acres, and for trespass contrary to town 
order; dated June 18, 1673; signed by John Fuller,f for the 
court; and served by Samuel Hartt,f deputy for Crispas Brewer,f 
constable of Lin, by attachment of the house and land of John 
Attaway and of the land of Joseph Edmons. 

Bill of costs of defendants, Hi. 19s. 2d. 

John Otway's bill of costs, 14s. 6d. 

Copy of a record of a town meeting in Lynn, held 15 : 12 : 

1669, made, 21 : 4 : 1673, by Thomas Laughton,f cleric: "The 
selectmen had power giuen them by ye Towne to rectifie all 
incroachments y* appears unto them to bee incroachments and 
ye Towne was to satisfy them for all their trouble & exspences 
both of estats and time they did exspend aboute the sd incroach- 
ments & alsoe to runn ye Lines between pticuler mens land and 
the Townes comon." 

Copy of a record of a town meeting in Lynn, held 29 : 10 : 

1670, made, 21 : 4 : 1673, by Thomas Laughton,f cleric: "The 
Towne expressed themseulfes by vote yt in yt order wherein they 
gaue power to ye selectmen to rectifie incroachments as did 
Appeare unto them soe: Alsoe that any pson that did trans- 
gresse therein the selectmen had power giuen them & haue by 
ye Towne to prosecute against such pson or psons to effect." 

Copy of indenture made Nov. 10, 1657, but signed May 1, 
1658, between Samuell (his mark) Bennett of Boston, yeoman^ 
and John Otway of Boston, husbandman. Bennett sold to 
Otway, for 151i., a parcel of land partly in Boston and partly in 
Lyn, bounded by a brook on the south, land of William Merriam 
and the lands sometime in the tenure of Capt. Robert Bridges 
and now in the tenure of Leift. Thomas Marshall on the north, 
by a meadow on the east and by a stake set by the side of a gutter- 
on the west. Wit: Ben. Gillum, Danll. Turill and Will. Pearce. 
Acknowledged, 26 : 3 : 1658, before Humphry Atherton. Re- 
corded in book 3, page 160, May 31, 1658, by Edward Rawson, 
recorder. 

Copy of letter of attorney, dated June 18, 1673, from the se- 
lectmen of the town of Lynn to Andrew Mansfeild and Thomas 
Newhall, jr. Copy made by Thomas Laughton,f cleric. 

Copy of a record of a town meeting in Lynn, held 20 : 3 : 1673, 
made, 26:3:1673, by Thomas Laughton,f cleric: "It was 

f Autograph. 



192 SALEM QUARTERLY COURT [J line 

ordered yt Joseph Armitage serg* Andrew mansfeild & Thomas 
Newhall, Junior should goe & lay out those tow ten Acre Lots 
which Joseph Armitage sold unto Samuell Bennett lyinge neere 
unto william mirriams farme and what wood they find cut there- 
abouts by any pson or psons off the Towne comon they are to 
sease upon it for ye Towns use as alsoe to see the bounds of yt 
peece of Land william mirriam hath sold to Joseph Edmonds 
off his farme & to stake it out from the Townes comon for w ch 
worke they are to be satisfied by the Towne." 

Copy of a record of a town meeting in Lynn, held 15 : 3 : 1671, 
made, 23 :4 : 1673, by Thomas Laughton,* cleric: "It was 
voted & Agreed yt noe pson or psons whatsoever shall fall or 
cause to be fallen any timber tree or trees or any small wood 
upon ye Towne comon unlesse it bee for an oxe bow or goad 
without leaue from tow of thos men whom ye Towne haue Ap- 
pointed upon the penalty of payinge ten shillings a tree either 
small or great as hee or they shall fall without leaue & all such 
as haue leaue giuen them they shall take only the timber away 
and shall not take away ye Top or tops of such tree or trees but 
they shalbe free for any of y e Inhabitants to make use of for 
their fire in six months time but if non of ye Inhabitants doe 
not make use of ye top or tops of tree or trees within six mounths 
then such pson or psons that felled the s d tree or trees shall carry 
away ye s d top or tops of tree or trees within one yeare after 
they haue fallen them upon the penalty of payinge ten shillings 
for every such top or tops as shalbe found upon ye comon left 
by him or them one halfe to ye informer & the other halfe for 
ye Townes use: And ye men Appojmted to giue leaue is Henry 
collins senior Henry Silsbey Thomas Farrer william Bassett 
Allen Bread senior William craufts Robert Burges Natha. Kirt- 
land Edward Baker & william mirriam." 

Copy of a record of a town meeting in Lynn, held 15 : 3 : 1671, 
made, 23 :4 : 1673, by Thomas Laughton,* cleric: "It was 
voted & Agreed yt noe pson or psons whatsoever shall fall or 
top or caused to be failed or toped any greene tree or trees for 
firewood either directly or indirectly upon ye Towne comon 
upon the penalty of payinge ten shillings a tree or trees for every 
such tree soe fallen fiue shillings to ye informer & Sue shillings 
for the Towns use & this order to stand in force for one yeare." 

Copy of a record of a town meeting in Lynn, held 16 : 2 : 1672, 
made, 23:4:1673, by Thomas Laughton,* cleric: "It was 
voted & agreed y 1 y e same orders w ch was made ye last year w ch 
phibits ye fallinge of any green wood for firewood & any small 
wood or any timber without leaue from ye psons appoynted 
for ye same end should stand in force this yeare. alsoe except 
thos y* shall cut any topes yt is fallen by psons wch haue leaue 
graunted unto them to fall timber & they are to cut up ye whole 

* Autograph. 



1673] RECORDS AND FILES 193 

top or tops upon the penalty of payinge ten shilings for euery 
top yt they shall leaue any part of it w ch they haue cut part off 
it And Robert Burges & william Bassett Robert Potter & Sam- 
uell Johnson are chossen to giue leaue to fall timber & haue the 
same power ye psons had ye last year to take the fines of such 
as shall trangresse any of the orders as alsoe to pay ye same 
fine ye overseers wer ye last yeare if they shall neglect their 
office hearin." 

Andrew Mansfeild, aged about fifty-two years, testified that 
he, Joseph Armitage and Thomas Newhall, being impowered 
by the selectmen, viewed the land which John Ottawaye claimed 
he bought of Samll. Bennitt. They understood that there were 
but two ten acre lots granted there, which they were to meas- 
ure out, near William Merriam's land, and to see what wood 
might be cut upon the rest of that land, as upon the town 
common. Attawaye showed them the 100 acres and his deed 
from Samll. Benett, and they laid out the two ten acre lots and 
seized about eight great oaks which they found fallen there, 
which were about a quarter of a mile from the ten acre lots. 
Said Attawaye owned that he gave Joseph Edmonds order to 
fell them, and said the town should have none of that land unless 
they could get it by law. Tho. Newhall, jr., testified to the 
same. Sworn in court. 

Samll. Hart, aged fifty-two years, testified that the land in 
controversy was in the township of Lynn. Sworn in court. 

Copy of a record from the town book of Lynn, made 10 : 4 : 
1673, by Thomas Laughton,* cleric: "This 13 th of May 1662 
Articles of Agreement betwene Samuell Benett in Behalfe of 
Boston selectmen of ye one part & ye selectmen of Lyn of ye 
other part (viz) to settle y* Bounds Between our Townes as 
followeth That wee doe agree to measure from ye middle of 
Brides Brooke where y 6 foot path now goeth upon a square or 
streight line to maulden line & soe to runn up maulden line till 
we com to ye length of either of ye three last stations of m r fish- 
ers line & from ye sd place of maulden line to runn upon a straight 
line or a square line downe to ye sd line of m r fishers if it Bee 
within three or foure poles of ye Breadth Between Brides Brooke 
& maulden line or if it bee not then to make yt station to bee 
within three or foure poles of ye Breadth aforesd att Brides 
Brooke & there to make a certaine station & an abidinge marke 
& from yt station to runn upon a streight line to Brides Brooke 
aforesd & accordinge to thesse tow stations to runn till wee com 
over agst John pooles mill or as farr as Boston & Lyns lands 
ioyne & this to bee our Certaine standing bounds betweene our 
Townes: if ye selectmen of Boston consent heare unto & samuell 
Bennett doth in behalfe of Boston selectmen make choyse of 
Leift: fisher to runn thesse lines accordinge to ye pmeses if they 

•Autograph. 



194 SALEM QUARTERLY COURT [J line 

Joseph Armitage v. Richard Hood. Nonsuited.* 
Joseph Armitage, attorney and assignee of Samuell Bennett 
v. Capt. Tho. Savage. Nonsuited. f 

John Dodg v. Jno. Procter and Joseph and Benjamin Procter, 
executors of the will of Jno. Procter, deceased. The jury found 
that if the father's personal promise upon marriage bound the 
executors, a verdict for plaintiff, otherwise for the defendant, t 



accept of it & to be done in a mounths time as witnesse our hands 
ye day & yeare aboue righten & it is alsoe agreed yt the charge 
of ye Artice shalbe equally paid betweene the Townes." Signed 
May 15, 1662, by Thomas Marshall, Thomas Laughton, John 
Hathorne and Samuell Bennett. The selectmen of Boston, by 
Hezekiah Usher, recorder, confirmed the foregoing articles, 
May 16, 1662, providing the town of Lyn and Samuell Bennett 
free Boston from any further charge in running the line. 

Joseph Armitage, aged upward of sixty years, deposed that 
some years since he bought of Mihill and Jarrerd Spenser two 
ten acre lots lying in a neck of land near William Merriam's 
farm, which he sold to Samll. Bennitt, and when he gave posses- 
sion, deponent understood he had sold them to John Attawaye, 
etc. Sworn in court. 

*Joseph Armitage v. Richard Hood; for trespassing and living 
upon his land and paying him no rent; dated June 18, 1673; 
signed by John Fuller, § for the court; and served by Samuell 
Hartt,§ deputy for Chrispas Brewer,§ constable of Linne. Bond 
of Richard (his mark) Hood. 

Richard Hood's bill of cost, 16s. 

Letter of attorney, dated Salem, June 25, 1673, given by Richard 
(his mark) Hood|| of Linn to John Joyliffe of Bostone. Wit: 
Ele. Hathorne, § John Hathorne§ and Wm. Bowditch.§ Sworn 
in court. 

fWrit: Joseph Armitage, attorney and assignee of Samuell 
Benitt v. Capt. Thomas Savage; for lOOli. assigned by said 
Benitt with forbearance, and 801i. more with forbearance, all 
being ordered by a special court at Boston for said Savage to 
pay the workmen's wages belonging to the Iron works, said 
Benitt building a great part of the said works, and so commonly 
employed until Savage took them away; signed by John Fuller, § 
for the court; and served by Samuell Hart,§ deputy for Chrispas 
Brewer, § constable of Linn, by attachment of land of defendant 
at the Iron works. 

Thomas Savage's§ bill of cost, 20s. 

I Writ, dated 14 : 4 : 1673, signed by Hilliard Veren,§ for the 
court; and served by Henry Skerry, § marshal of Salem, by 

§ Autograph. 1 1 Seal. 



1673] RECORDS AND FILES 195 

Lt. Samll. Ward v. Hugh Allerd. Debt. Defaulted. Jury- 
found for the plaintiff.* 

Ezekiell Woodward v. Abner Ordway. Debt. Withdrawn.f 
John Roberts v. Robt. Dutch. Debt. Verdict for defendant. J 

attachment of a cider mill, two chests and a box belonging to 
defendant. 

Nathaniell Puttman deposed that John Prockter told him 
that whatever his father had promised his brother-in-law, John 
Dodge, at the marriage with his sister as her portion, if said 
Dodge proved it unpaid, he would pay it without suit. 

John West, aged about fifty-eight years, deposed that being 
present when William Dodg, sr. and John Procter, sr., made 
up the match between John Dodg and Sarah Procter, son and 
daughter of Dodg and Procter, said William Dodg promised to 
give a parcel of land with his son John, and said Procter engaged 
to give 401i. with his daughter Sarah. Dodg further said "Not- 
withstanding what is Giuen: what shall thess young beginers 
do for housshould stuff," and deponent proposed that Dodge 
should give his son John lOli. and Procter should give his daughter 
51i. to be paid at the merchant's, to which proposition they 
both agreed. Sworn in court. 

Abigail Varney, aged about thirty years, deposed that she 
heard her father say to her mother that he had promised at the 
making up of the match between her brother Dodge and her 
sister Sarah, his wife, to give his daughter 451i., five pounds of 
which was for household stuff but that her mother Prockter said 
that she was not willing that the five pounds should be paid at 
that time. Sworn, June 17, 1673, before Daniel Denison.§ 

*Writ, dated June 21, 1673, signed by Robert Lord,§ for the 
court, and served by Robert Lord,§ marshal of Ipswich. Bond 
of Hugh Allward,§ Tho. (his mark) Borm[a]n, surety. 

Bond, dated Mar. 16, 1671-2, Hugh Allward§* of the lis of 
Sholls to Samll. Ward of Marblhead, for 31i. 10s. in merchantable 
dried cod fish to be delivered at Marblhead. Wit: Samuell 
Redd§ and Richard Reith.§ Sworn by the witnesses, June 25, 
1673, before Daniel Denison.§ 

fWrit, dated 6:2:1673, signed by Tho. Fiske,§ for the 
court, and served by Robert Lord,§ marshal of Ipswich, by 
attachment of a feather bed and a green rug. 

t Writ, dated May 19, 1673, signed by Robert Lord,§ for the 
court, and served by attachment of a barn and the land about it. 

Bond, dated Mar. 14, 1671-2, Robert (his mark) Duch of 
Ipswich, mariner, to John Roberts, for 41i. 4s. in sterling money 
of New England. Wit: John Barry § and Hannah (her mark) 
Duch. 

§ Autograph. 



196 SALEM QUARTERLY COURT [Jlllie 

Hen. Leonard v. Ambross Makefashion and John Ramsdell. 
Non-performance of covenant. Verdict for plaintiff.* 

Hen. Leonard v. Edmond Bridges, jr. Debt. Withdrawn. 



Robert Lord, marshal, aged about forty years, deposed that 
Goody Dutch and her daughter Hanah said that they were 
cheated if the bill were a double bill, for his attachment was for 
81i. 4s., while the bond was for 41i. 4s. Deponent testified also 
that the mark R which said Duch used was his usual mark. 
Sworn in court. 

* Writ, dated 16 : 4 : 1673, signed by Hilliard Veren,f for 
the court, and served by Nathaniell Ball,f constable of Con- 
cord. 

Account of damage sustained in not coaling the wood the 
past summer for Mr. Henrie Leonard, according to covenant: 
for 20 Load of Brands sent in amongst Coles, 61i. ; cutting of wood 
that is not coled, 31i. 10s. ; wood at ye stump at 4d. per cord, 
lis. Id.; brands left in the woods which would have made a 
load of Coles, 21i. 8s.; for a month's rent that I was forced to 
lie still for want of the coles, 161i. ; for 3 hands lieing still 4 weeks 
at 2s. 6d. per day, 91i. ; 3 hands lieing still 4 weeks at 3s. per 
day, lOli. 16s. ; my owne time a month at 5s. per day, 61i. 

Agreement, dated May 7, 1672, between Mr. Henry Lenard 
on one part and Ambros (his mark) Mackfation and John (his 
mark) Ramsdell, on the other part, the two latter agreeing to 
coal all the old wood and the new that shall be cut and taken in 
this year, for 6s. per load, each load to contain 12 quarters at 
the pits, to be paid in goods or bar iron, whichever they need 
the most, and five pounds to be paid in bar iron at money price, 
that is, 18s. per hundred. Said Lenard agreed to provide for 
them such goods as they shall stand in need of to pay workmen 
to carry on the work, and to pay the whole within three weeks 
after the last load of coals is at the coal house, and the last of 
the wood to be delivered to Mackfation and Ramsdell some time 
in June next. Wit: Anthoney (his mark) Carrell and James 
Hanscombe.f Owned in court by Ambros Mackfation. 

Copy of the foregoing agreement signed by Henry (his mark) 
Leonard, made by Robert Lord,f cleric. 

William Doule, aged about thirty-two years, deposed that 
he heard Henry Leonard say that the colliers had coaled all the 
wood, etc. Sworn in court. 

James Car deposed. Sworn in court. 

Samuell and Nathaniell Leonard deposed that Mackfation 
and Ramsdell left of the old and new wood about thirty or forty 
cords, etc. Sworn in court. 

Henry Lenard's bill of cost, 41i. 6d. 

t Autograph. 



1673] RECORDS AND FILES 197 

Jon. Roades v. Hen. Trivett. Debt. Withdrawn.* 

Mr. Phillip Cromwell v. Hen. Leonard. Debt. Withdrawn. 

Cases heard before the Worshipfull Major Daniell Denison 
and Mr. Tho. Danfort: 

John Ballord was sworn constable for Lynn.f 

Ed. Bridges, sr. and Ed. Bridges acknowledged judgment to 
Adam Westgate, to be paid in beef, pork, wheat, malt and Indian 
corn. 

William Reeves acknowledged judgment to Timothy Lindall 
in cod fish at current price upon Winter Island. 

Hen. Leonard, sr., acknowledged judgment to Mr. Robt. 
Paine in bar iron. 

Hen. Leonard, sr., acknowledged judgment to Mr. William 
Browne, sr., in bar iron and money. 

Thomas Russell acknowledged judgment to Mr. Hen. Barthol- 
mew in fish. 

Hen. Leonard acknowledged judgment to Jno. Goold in bar iron. 

Richard Braybrooke was released from common training, 
paying one bushel of Indian corn per annum to the use of the 
company. 

Lott Killum acknowledged judgment to Capt. George Corwin. 

Mr. Oliver Purchas acknowledged judgment to Mr. Edmond 
Batter in bar iron. 

Hen. Leonard acknowledged judgment to the Worshipful 
Major Daniell Denison, in bar iron. 

Johana Towne was appointed administratrix of the estate of 
Wm. Towne, her late husband, and was to bring in an inventory 
to the next Ipswich court. 

Administration upon the estate of Jacob Barney, deceased, 
was granted to Eliza, the widow, and to Jacob, the son, who were 
to bring in an inventory to the next Ipswich court. 

*Writ: John Roads, sr. v. Henery Trevett; debt; dated 
June 3, 1673; signed by Moses Mavericke,J for the court; and 
served by Robart Bartlett.J constable of Marblehead, by attach- 
ment of fish of defendant. 

t Copy of a record of a town meeting in Lyn, held 20 : 4 : 
1673, when William Craufts and John Ballard were chosen con- 
stables for the ensuing year. Copy made, 21 : 4 : 1673, by 
Thomas Laughton,J cleric. 

1 Autograph. 



198 SALEM QUARTERLY COURT [June 

Benjamin Parmiter and Mr. John Hathorne of Lyn had their 
former licenses renewed for the ensuing year.* 

Mr. John Hathorne was appointed administrator of the estate 
of his son John, who died in the service of Richard Cutts, and 
was to bring in an inventory to the next Salem court. 

Richard Norman had his license renewed for the ensuing year 
upon condition that he observe the law concerning brewing of 
beer. 

Mr. John Higenson, Mr. John Turner, Mr. Moses Maverick, 
Mr. John Gedney, Mr. Wm. Browne, jr., Mr. John Corwin and 
Tho. Baily had their several licenses renewed for retailing strong 
water. 

Mr. Jos. Gardner, Goodman Edmond and Mr. Latamore had 
their licenses renewed for keeping an ordinary. 

The selectmen of Ipswich made complaint of two men, namely , 
Wm. Nelson and Lewis Laport, who came into their town and 
there remained against the mind and order of the town, not- 
withstanding they have been warned to leave, and according as 
the law provides have made their address to this court in the 
said case.f 

In the complaint of John Godfery v. George Hadly, court 
considering the case of illegal proceedings of the marshal's deputy, 
ordered that what had been done by said Clearke, the marshal's 
deputy, in levying two executions on Hadly for Godfery, be 
void, and that said Godfery have liberty to take out new execu- 
tions. 

Jon. Tod of Rowly was appointed administrator of the estate 
of Steephen Foard of the Isle of Shoales and was ordered to 
bring in an inventory to the next Ipswich court. J 

*Approbation, dated Lyn, 23 : 4 : 1673, of the selectmen, 
Rich. Walker,§ Thomas Laughton,§ Edward Baker,§ Andrew 
Mansfeild, Nathanill Kirtland,§ William Bassett§ and William 
Merriam.§ 

fComplaint, dated June 19, 1673, from the selectmen of Ips- 
wich, George Giddinge,§ John Whipple§ and John Denison,§ 
also Samuel Symonds,§ Dep. Gov., and Nath. Wells. § Robert 
Lord was appointed to prosecute. 

JJohn Tod's petition states that Fourd had been dead above 
two years, and was indebted to him for 301i. He left a chest, 
with "some little matter in it." 

§ Autograph. 



1673] RECORDS AND FILES 199 

Hen. Hall, complaining against William Reeves and Georg 
Cross for abusing him upon the highway and beating him, to 
the great injury of his health, said Reeves and Cross were fined 
and ordered to be whipped.* 

*Henery Hall'sf petition to the court, he being "not able to 
prosecute a case in law makes bold to address himselfe to this 
honnerd Court: as his next help &: refuge under God: In Jan- 
uary last about eight of the Clocke in the night I was desired to 
goe a Litle way with a woman goeing to her husband because 
she was fearfull: I went with intent to bring her part of the way 
till she came to a path nere her house, [we] had not gon far: 
till two men of salem one horse Backe [over] tooke us: the[y] 
alighted gott hold of the woman and said she should [go] with 
them: she cried out Intreated them to let her alone: that she 
might goe to her husband: they said she should goe with them. . . 
her husband was but a Cloake: then I Intreated them to let the 
woman alone that she might goe to her husband: soe they fell 
one me and beate me very much: I thought they would kill me 
I cried out a loud: till I could cry noe more for they had almost 
strangled me but by y e prouidence of God two or three were 
nere: which I knew not of: by a Cow that was mired [to] whom 
they carried meat at that time: soe they came and rescued [me 
so] that I had my life but haue been ill for y e most part ever since 
and not able to work as before and spitt bloud long after when 
they sett one me I had an axe one my shoulder wherewith I 
wrought which they tooke from me. after I was rescued looking 
for my axx saw somthing shine I thought it was my axe for 
the moone shun Bright, but when I took it up it was a naked 
knife whereby I did Conceiue y 1 they did intend to kill me had 
not God by his prouidence prevented it." The witnesses to the 
assault were James Dennis, Marie Dennis and John Norman. 

James Dennis, aged about thirty years, testified that he was 
going into the woods with his servant to look for a cow, etc. The 
woman with Hall ran behind deponent's wife for shelter, and 
said Dennis rescued her, etc. Sworn in court. 

Sarah Crocker, aged about thirty-one years, testified that 
last April, Henry Hall lay at her house very weak and kept his 
bed for a fortnight, and she thought every night that he would 
not live. He said there was no part of his body free from pain, 
but most of it was in his back or stomach, and he also spit blood. 
Sworn in court. 

Rebecca Banfield, aged about thirty-two years, deposed that 
she was asked by the woman where Hall lay to administer to him 
something to do him good, but she found him so bad that she 
was afraid to meddle with him, etc. Sworn in court. 

t Autograph. 



200 SALEM QUARTERLY COURT [June 

Nathaniell Clearke was formerly put to John Traske of Salem 
with intent to bind him as apprentice until he reached the age of 
twenty-one years, but his father dying before indentures were 
completed, court ordered that said Cleark dwell with said Trask 
after the manner of an apprentice, be taught the trade of a cooper, 
to read, write and cipher, etc. 

Upon information by several of Lyn and Marblehead that 
there is a better way found out between Lynn and Marblehead, 
than the late laid out common way, court appointed Mr. Ed- 
mond Batter, Mr. Hen. Bartholl. of Salem, Mr. Moses Maver- 
ick and Lt. Ward of Marblehead and Mr. Leighton of Lynn to 
take a view of both ways, and to make return to the next Salem 
court which way be most convenient, for the court to determine. 
The committee was ordered to bring in what charge Mr. Ralph 
King had been at about the former way. 

Nathaniell Cleark of Newbury had license granted to kill and 
save sturgeon. 

Mr. Knight, who occasioned warrants to be issued for this 
court to summon such as draw wine and beer, and several appear- 
ing, they were allowed charges, namely, Mr. Perkins, of Ipswich, 
Mr. Jno. Gedney and Mr. Joseph Gardner. 

Samuell Steevens was allowed 12s. and Antho. Needham 8s. 
in money, for their pains in going to Boston and Andever with 
letters from the court. 

Servants of Mr. Gardner's house were allowed 9s. 6d., and 
Mr. Gedneyes, the same. 

To the servant of the house where Mr. Danforth lodged, 3s., 
and for his horse, allowed the bellringer 3s. 

Will* and inventory of Will. Lord, deceased, were proved and 
allowed. 

Henry Hall's bill of cost, 13s. 2d. 

Joseph Emones deposed that coming from Marblehead about 
nine o'clock, he heard the noise, etc. 

*Will of William (his mark) Lord, sr.,f of Salem, cutler, "being 
ancient," dated Mar. 2, 1668: "Imprimis, I giue vnto Abigal 
my beloued wife (when all my iust debts are paid) my whole 
Estate, that God hath given me in this world, that I shall be 
possessed of at y e time of my decease, that is to say all my house- 
ing, and lands whatsoever, shall after my decease, if she survive 
me, be to the use & behoofe of my said wife, the tyme of her 

t Seal. 



1673] RECORDS AND FILES 201 

John Gillow's will * and inventory were proved and allowed. 

naturall life & all the rest of my Estate, I giue to my said wife, 
her heyres and assignes for euer, Except some Legacies afterward 
exprest And my will is that my said wife, so long as she remaines 
a widdow, and vnmarried, shall haue free liberty & full power 
to make sale of any part or parcel of my said nouses & lands, 
for her necessary use, prouided it be with the aduice of the Ouer- 
seers of this my Will, (who are underneath Exprest or Implied,) 
but in case my said wife shall marry any other man, that after 
such tyme of marriage, shee shall haue noe power to sell any 
part or parcell of the aboue said houses & lands, that are then 
unsold. And further, my will is, that Abigal my said wife, shall 
haue power to dispose of all my said houseing & lands, that shall 
then remaine Unsold at y e tyme of her decease, provided it be 
amongst y 6 Children of William Lord my kinsman, who, my 
will is, shall after my said wiues decease inioy y e same, according 
to my said wiues will & discretion, deuiding amongst them, onely 
my kinsmans sonne William, & daughter Abigal, shall haue each 
y 6 better portion or part. 

"Item, I giue vnto M rs Felton, widdow, twenty shillings, and 
to M r Joseph Grafton, senior, and Richard Prince, each of them 
a horse or mare fold of two yeares old, to be paid them at my 
decease. Lastly, I doe Appoint Abigal my said wife, to be sole 
Executrix of this my last will & testament, & y e said Joseph 
Grafton & Richard Prince to be Ouerseers, to whom I Committ 
y e Care and ouersight of y e fullfilling this my will & in Case either 
of thesa my || two || frends should decease before my said wife, 
then she shall haue power to appoint one or more in his or their 
roome." Wit: John Rucke,f Edw. Noricef and John Cole.f 
Allowed in court, upon oath of Mr. Edward Norrice and Mr. 
John Ruck made before Worshipfull Major Daniell Denison and 
Mr. Tho. Danforth, Esqrs. 

Inventory of the estate of Willyam Lord, sr., of Salem, pre- 
sented, upon oath, by Abigaile Lord, the widow, and allowed: 
Dwelling house with the ground & range of houses Adjoyning, 
151i. ; dwelling house near the dwelling that the widow now 
dwells in, 401i.; 1 dwelling house by the water sid, 351i.; fower 
Acres of bastard marsh, 401L ; fower meares, 121L; 2 Cowes, 
61i.; one bed with furniture, 61i.; one table, six platters & other 
utensils, 31i.; on small trunke with Lining, 31i.; 2 beds & furni- 
ture, 31i.; in the shop & two Cittells, 31i. 10s.; 1 shot, 10s.; in 
debts, 551i.; total, 35711. ; debts due from several men to ye 
estate, 1011. ; debts to be paid, 201i. 

*Will of John Gillowi of Lyn, dated Feb. 20, 1672, and proved 
upon oath of Robert Potter and Tho. Newell: "I Bequeth onto 
my louinge wife all my part of howesall goods and all my Cattell 

t Autograph. % Autograph and seal. 



202 SALEM QUARTERLY COURT [June 

with the produse of all my housinge and lands and medowe for 
the Bringin up of my Chilldren ontell thaye Come of adge I 
Bequeth onto my son John all my howsings lands and medowe 
which is that hallfe that my mother gaue me of my fathers estate 
and my son John to haue it when that he Cometh of adge: and 
he payinge onto my daughter mary and to my daughter Sarah 
thare portions: and my wife now beinge with Childe that Childe 
to haue a equall share with my daughters and if it be a son then 
to haue his portion in land: my elldest son John is to haue a 
dubell porshon and the Rest of my estate to be equally deuided 
betwene my other Chilldren: and if aney of my Chilldren dye 
befoare that thaye Come of adge then thare parts to be equalley 
deuided betwene the liuinge: all so if my wife Remaine a widowe 
ontell my son John Com of adge then she is to haue on end of 
my howse and the Thards of my lands dueringe her widow whood. 

" and if the produse of my estate will not be sofishant to bringe 
up my Chilldren then thoase as are the ouerseers of my will haue 
libortey to sell som parte of my lands or medows for the bringin 
up of my Chilldren And if aney other estate doth fall onto me by 
Inheritance or other wise I giue that onto my Chilldren: my 
elldest son hauinge a dubell portion the other equall shares: 
And if my father or mother ether haue made a will or shall make 
a will and give thare hallfe parte of the liuinge [| as I Hue in || 
onto my son John: then my will is that that hallfe parte of the 
liuinge as my mother gaue me : that as is not spent of it in bringin 
up my Chilldren shall be equally deuided betwene my other 
Chilldren: this to be understode my son John is to haue the 
howsinge lands and medows payinge the rest of my Chilldren 
thare portions but if || that as || my wife is with Chilld if be a 
son he is to haue his portion in land: and medowe: All so I doe 
make my wife my execetriks : — Allso I doe apointe and make 
my frends Robart Burgis Thomas Newhall and Robart Potter 
to be ouerseers of this my will." Wit: Robart (his mark) Burgis, 
Robart Potter* and Thomas Newhall.* 

Inventory of the estate of John Gillow, taken, Mar. 19, 1672-3, 
by John Fuller* and Richard Moore,* and allowed upon oath of 
Sarah, the relict, who declared that one-half of the estate in 
house and land was her husband's and the other half her husband's 
father's: Wearing aparrill, 41i. 10s.; a Fether bed and bolster 
and thre pillows, 31i. 10s.; Feather Bed and bolster and pillow 
with thre blankitts, 31i. 10s.; other beding, Hi. 15s.; sheets and 
other Linins, 21i.; pewtor and Tine things, 8s.; iron potts and 
ketles and a trammill, Hi. 16s.; bybells and other books, Hi. 
5s. ; tow bedsteads, a trundelbed and coppered table ; on weavers 
loam and slays and Harnis and warpping bars, 21i. 14s.; Chests 
and boxces and a little trunck, Hi.; A muskitt and sword and 
Amunition, 14s.; A still, 10s.; pare of stilliards and spitts, 12s.; 

* Autograph. 



1673] RECORDS AND FILES 203 

Phineas Fisk's will * and inventory were proved and allowed. 
Willf and inventory of An Burt were allowed, and William 
Bassett was appointed administrator. 

a pair of tongs, a tier shovell, a Drauft chayn, 7s. 6d.; sett of 
Hopps, and clever and pin, 9s. 6d. ; warming pan and a spitt, 8s. ; 
sett of cast boxes and to ex pins, 12s., an Iron Ringer, 5s.; one 
ould plowshare, 2s.; a parcell of barrills and ould Chaiers and 
other ould Lumber, 18s.; fowr cows and tow Calfs, 131i. 10s.; 
six sheep and tow lambs, 31i. ; a mare and Coult, 31i. ; tow Sowes 
and tow shoots, 21i.; one thousand of shingalls and hallf a hun- 
dred of boards, 14s.; pare of Scoals and wayt and thre Spones 
and broaken Silver Spones, lis.; A dwelling House and Barn, 
401i.; Thirty Akers or ther abouts of oupland, 1201i.; six Akers 
of oupland and Medow Att the bridg Foot, 241L; twenty Akers 
of salt march and Fresh medow, 801i.; An orchard and land it 
stands upon and the yard about the dwelling Hows, 301i. ; total, 
3461i. lis.; debts due, 41i. 7s.; debts due from the estate, 51i. 12s. 

*Will of Phineas (his mark) Fiske, dated 6:1: 1673, and 
proved by Samuell Fisk and Hana Walden: "Imprimis I Giue 
to || my || Son James Fiske the one halfe of my howse & Lands 
& the other halfe to my other two s[ons] — & Thomas to be 
deuided Betwixt them by eaq[ual] portions & for my Chatle 
Goods I giue || it || to my three Sons abouesd to be equaly De- 
uided Betwixt them exfcept] my Greate Bible which I giue to 
Samuell Fiske (my Nephew) & my Best pillow & pillow beere 
to Mara Fiske: & I doe appointe my two sons John & Thomas 
execefs to this my will." Wit: Samwel Fiske| and Hanah 
(her mark) Walden. 

Inventory of the estate of Phinehas Fiske of Wenham, de- 
ceased, 7:2: 1673, taken by Richard Huttn| and Mark Batch- 
elder:! the homestead, 10511. ; 50 Akres of Land in the woods, 
621i. 10s.; 12 Akres 1-2 of medow, 251L; Catle, 91i. 10s.; weareing 
Cloathes, 31i. 3s. 6d.; one Mault mill, 12s.; one Mustard Mill, 
2s. 6d.; pott & pothooks, 10s.; one Bras kettle, 8s.; one Warm- 
ing pan & towe Combe, 6s. 6d.; two old Skillits, 2s. 6d.; one 
fryeing pan & gridiron, 5s.; scales & waits & some other lumber, 
4s. 6d.; keelers & other Wooding ware, 13s.; pewter, 12s. 6d.; 
Cubbard & Chairs, 8s.; one pitchforke, Hi. 8s.; Table, Chest 
& Joynd Stoole, 16s.; one Pillowe & pillowe beere, 6s.; one 
Bowlster & 3 pillows more, 17s.; one chest & sawe & Rawe hide, 
10s. 6d.; Curtains, 18s.; one bedstead; & bed Coard, 12s.; one 
bowlster & bed matt, 3s. 4d.; one spit & Tramell & howe, 8s.; 
debts, 10s.; total, 214H. 10s. 6d.; debts due from the estate, 71i. 
19s. 3d.; to John Fiske, 10s. 

tWill of An (her mark) Bort, dated Jan. 8, 1664: "My Wil 

{Autograph. 



204 SALEM QUARTERLY COURT [June 

Robert Morgaine's will * and inventory were proved and 
allowed. 



is that Willyam Bassit Juner should haue won of my kowes and 
John bassit should haue Won Co we and Elisha bassit should 
haue Won kowe and that samewell bassit should haue the steare 
And it is my will that theas Children || should haue || the promt 
of theas Cattell and the prinsepell when they be eighttene yeares 
ould and i giue to Elizebeth basset a new feather bed A boulster 
and a pillow and a pillow beare A blankit and a Rouge and i giue 
to Sarah bassit my ould feather bed a boulster and pillow and 
A pillow beare A blankit and A tapsterri Couering and i giue to 
meriam bassit A Copper ketel, A tabel Cloth and half A doson 
of napkins and a ew shep, han touel and I giue to mary bassit 
my bigest eiorn pot a long tabel Cloth and four napkins and a 
han touel, a ew shep And I giue to hannah bassit tow eiorn 
pots and a warmin pan and a pare of shetes and a pare of pillow 
bears and a ew shep. 

"And i giue to ellin bartrom A ew lam and to hanna battrom 
an ew lam and I giue to the wife of Willyam bartrom my black 
brodcloth sute and one puter basson and i giue to liddi Burrill 
fiue shillens or a ew lam and my will is that ther goodes should 
not be ewsed till the Childerren doth reseaue them & that these 
gearls should haue the proffit of theas shep & the prinsepel when 
thay com to age." Wit: Francis Burrillf and William Crofts.f 
"I doe desier my Brother Francis burrill and good man Craft 
would see that this my wil be fulfilled." 

Inventory of the estate of Anne Burt, taken Mar. 18, 1672-3, 
by William Croftsf and Francis Burrill :f one petecot & wastcott, 
Hi. 10s.; the Remene of her wooling aperill, 51i. 12s.; too fether 
Beds, too Boulsters, too Pillos, three Blankits, one tapeistre 
Coverin, 21i. 18s.; more weareing aparill, Hi. 6s.; too cortings, 
8s.; one Bibil; & one other Booke, 6s.; fiue peare of shets & one 
sheet, 31i. lis.; a table Cloth & 8 napkins, Hi.; three pillobeares 
& other small things, 7s.; three shifts, 8s.; small linin, 21i. 10s. 
7d.; peuter & tin, 2d.; Bras & Iron, 21i. 18s.; too yeards of 
Peniston, 8s.; 3 Chists, too boxes, one trunk, Hi.; too wheeles, 
too cheirs & other lumber, Hi.; one couw, 31i.; ten shep, 51i.; 
sillver, 21i. 10s. ; due to her, 31i. ; total, 471i. 2s. 6d. 

*Will of Robert Morgan, § dated Oct. 14, 1672, and proved 
by William Reeves and John Trask, who made oath before Maj. 
Danll. Denison and Mr. Tho. Danforth: "I giue unto my deer 
wife Marget all my neat cattle sheep & moovables to be wholy 
hers as allso ye house I now dwell in with all the land adjoyning 
to it as tillage land, orchards, pasture & hay pound I give to her 
use during her life yet so y* if any of my children to whome I 
give ye propriety of ye said lands after her decease shall desier 

t Autograph. § Autograph and seal. 



1673] RECORDS AND FILES 205 

Tho. Coldum's will* and inventory were proved and allowed, 
and Tho. Coldum and Richard Whitney were appointed ad- 
ministrators, there being no executors mentioned in the will. 

it they may have their portions layd out & liberty to build thereon 
for their habitation during my wives life. 

"Item I give my sonne Samuell that twelve acres of land at 
Manchester w ch my wives father Norman give unto her in ye 
great plaine & allso eight acres I had of the towne at Long hill 
& my old mare these I give my sonne Samuell in consideration 
of his paying my debts, my other horse kinde I give as before 
I disposed one colt to Benjamin, a mare to Robert & another to 
Bethea. Item I give my sonne Samuell five acres of the land, 
adjoyning to my house after my wives decease, w ch shall lye from 
the high way to ye water side next to Thomas Roots his land 
Item I giue my sonne Joseph fower acres of land adjoyning to 
Samuells from the bottome to ye top. Item I give my son Ben- 
jamin three acres of land to lye next Josephs from the bottome 
to ye top, yet so as to take in just so much of the west end of 
the house as hee was at charges to build & part of ye little orchard 
next the dore, w ch orchard shall bee devided between Joseph & 
Benjamin. 

"Item I giue unto my wife & Daughter Bethia together & to 
the longest liver of them the rest of my now dwelling house w th 
ye pasture land adjoyning w ch is above the country highway, 
abutting upon M r Hales lande & the rest of my lande I give unto 
my sonns Robert and Moses to bee divided between them equally 
Allso my will is that what housholde-stuff shall bee left at my 
wives decease shall bee given to Bethia if she shall survive her 
mother farther my will is that if any of my sonns to whome I 
have given lande shall dye before their mother, yet the lande 
shall descende to theire heires at my wives decease Allso I 
make my sonne Samuell my sole executor of this my last will and 
Testament. And Desier my loving freinds Ensigne Corning 
and John Stone to bee overseers of this my last will." 

Inventory of the estate of Robert Morgan, taken Dec. 10, 
1672, by John Galleyf and Thomas Pickton:f twenty akers 
of land with the hous and orchard, 1601i. ; 4 kous, 1211. ; 2 steers, 
61i. 10s.; 1 old mare, 21i.; 1 mare and 3 coults, 61i.; 6 swine, 
21i.; 8 Akers of land at Longe hill, 81i.; 3 shep, Hi. 4s.; goods 
in the house and plow taklen, 121i.; pork and barly, Engan 
corne and heay, 101i.; total, 21911. 14s. 

*Will of Thomas Coldum,f dated Mar. 10, 1672, and proved 
by Rich. Haven, sr. and jr.: "I give unto my Cosin Sara: Horte: 
my Chest with all y e mony excep that w ch shall satisfie ye doctor 
& other expences duering my sicnes: & all my eiern ware: as 

t Autograph. 



206 SALEM QUARTERLY COURT [Jime 

William Charles's will* and inventory were proved and allowed. 

pot & Cettel & tier pane & tongs & andierns & trammialls & a 
small morter of Iron: my mening is y* all but ye eiern war was 
to be payd at psent: I give unto my sisters whitnise Childerens 
all my wering Cloaths: I give unto my sister whitny my horse 
& 2 shep & 2 lames: I give unto hir all yt is due unto me in M r 
Purchhis booke wich is five pownd or thear abouths: I give 
unto my loving mother twoe yards of Doulas & my demmy 
Caster hatt: I give two shirts of dowles one to my sister whitny 
& y e other unto my Cosin Sara Hort I give unto my honnered 
father twoe buralls of sider with all my dets yt are due unto me: 
as namly twelve shilings due from Rob Ingalls senior from good 
Farre eaight shillings eaight pence from beniamine Chadwell 
twelve shillings fr. Rich. Moare & John More eaight shilings 
further I give unto my Cosin Sarah harte eaightene shilings 
wch is due unto me from Ealie giles of Salame." Wit: Rich. 
Haven, seniorf and Richard (his mark) Haven, jr. 

Inventory of the estate of Thomas Coldam, in the several 
parts according as it was willed by him, allowed upon oath of 
Richard Whitney: To his sister Martha Witney & her Children, 
a horse & 2 sheep & 2 Lambs, 51i. 5s. ; debts due as per Mr. Pur- 
chases book, 51i.; to her children all his wearing Cloathes, 51i. 
18s.; a doules shirt, bands & wearing lining, Hi. 6s.; total, 171i. 
9s. To Sarah Hart In money, 41i. lis.; a Chest, 5s., & a Dowlas 
shirt, 10s.; in Iron ware as upon Will, 21i. 5s.; debt due to estate 
p Elia Giles, 18s.; total, 81i. 9s. To his Father Thomas Coldum 
2 Barl. of Cyder, 16s.; p debts due to the estate as p the will, 
21i. To his Mother Johana Coldum a Caster Hatt and two 
yards of Dowlus, Hi. 6s.; given in legacies as appeares upon the 
will, 301i. ; the remainder of the Estate not particularly disposed 
of, 21i. 17s.; Estate is debtor to said Sarah Hart for funeral 
charges, 18s. ; remainder of the estate undisposed, Hi. 19s. 

*Will of William (his mark) Charles,! dated Dec. 31, 1672, 
and proved upon oath of John Peach, sr., and Joseph Daleber: 
"Imps. I will that my due debts which I owe to any persons may 
be satisfyed by the Executrix of this my will; I give and be- 
queath to my dear wife Sarah (whom I do by these constitute 
Executrix) all the moovables within doors to enjoy absolutely 
as her owne for ever, and dispose off as shee shall see meet at 
her decease & I do by these presents constitute my loving Cousen 
James Dennis to be assistant, and joynt Executour along with 
my wife; The remainder of the estate I give also the whole use 
and benefit of it to be enjoyed by her during her naturall life, 
and for her comfortable maintenance I give liberty to her, taking 
the advice of my loving Freinds therein, M r Moses Mavericke, 
M r Samuell Cheever and Richd Norman, in case of want to sell, 

t Autograph. J Seal. 



1673] RECORDS AND FILES 207 

William Flint's will* and inventory were proved and allowed. 

dispose or alionate any part of the estate for her needfull main- 
tenance; After my wifes decease I give and bequeath the whole 
estate then left (excepting what was before excepted) and a 
shilling which I give to my Cousin Robert Charles to my Cousin 
James Dennis his children which he hath or my have by my 
Cousin Mary his present wife to be equally divided amongst 
them as they shall be of age; Saving a small parcell of Land neer 
adjoyning to James Dennis his house I give and bequeath to 
Mary Dennis, jun r to enjoy as her owne for a house-plot besides 
her other proportionable part, & my Gunne I give to James 
Dennis, jun r , and leave the rest as above." Wit: John (his 
mark) Peach and Joseph Dallaber.f 

Inventory of the estate of William Charls, taken Feb. 10, 
1672-3, by John (his mark) Peach, sr., and Samll. Word,f and 
allowed upon oath of Sara, the widow, and James Denis, execu- 
tors: One bed and furnter, 51i.; 1 new sut with drawers and 
wastkoat belonging to them, 31i.; 1 sut more with drawers and 
wastkoat, Hi. 10s.; 1 Cape Cloth Coat, Hi.; 1 hatt, 3s.; 2 shirts, 
7s.; 1 paier of stokins, 2s.; 2 old Chests, 8s.; 1 old table, 3s.; 
1 Chaier, 2s. 6d.; 1 picher with other Earthen ware, 3s.; 2 buck- 
itts, with other woden ware, 5s.; 3 bras ketles, Hi. 10s.; 3 Iron 
ketls, 12s.; 1 Iron pot, 4s., 1 Iron skillitt, 6s.; 1 fowling pes, Hi.; 
pot hooks, fier shovell and tongs, 5s.; 1 tramell and frieing pan, 
10s.; 2 bibls and on other book, 15s.; 1 paier of boots and 1 
barill, 15s.; 1 Iron pott, 10s.; 2 bbs. and 1-2 of mackrell at 35s., 
due from Mark Pittman, 40s.; 6 kows, 241i.; 1 dwelling hous 
with out houses orchard and Land adjoyning, 801i.; 5 ackor 
Lott, 121i.; half a parsell of Salt marsh lieing betwixt him and 
John Peach, sr., in south field, 301i. ; his part of land in the farm 
bought of Major Hathorn, lOli. ; 2 Kows Leas in the Comons 
as it was first granted, 101i.; half an Hand Comonlie Cald nick 
Charls his Hand, with half the stage standing upon it, 401i.; 
half of a shallop, 151i.; total, 2241i. 15s. 

* Will of William Flint, without signature, dated Salem, Sept. 
5, 1671, and proved upon oath of Maj. Wm. Hathorne and Wil- 
liam Hathorne, jr., who declared that said Flint made oath before 
the witnesses that it was his last will: "Imp r I doe giue & Be- 
queath || to my wiffe Alee Flint || (Besides the thirds of all my 
houseing & land Dureing her life) all my househould-stuff Except 
only a bedsteed bed & beding which I haue giuen to my sonne 
Thomas with some few other things All my land & all ye Cattel 
I haue not By will Disposed of I freely leaue to her to bee dis- 
posed of According to plesure soe longe as she hues vnmarried. 
And that what shall Remaine thereof att her Decease shall 
bee equally Devided Betweene all my Children To my Sonne 

t Autograph. 



208 SALEM QUARTERLY COURT [J line 

Edward I giue & bequeath The Halfe part of The Two Feilds; 
the one some tyme Called Golthites Feild the other Sometyme 
Called Truslers Feild or Brickkil Feild The Halfe part of all 
my marsh on the North Side of The Creeke or brooke at Forrest 
Riuer Commonly soe Called One Acree of Marsh more or less 
vpon ye other Side of y e Creek or Brooke of Forrest Riuer one 
Tenn Aker lott that Formerly was Daniell Baxters in South Feild 
one fiue aker lott that Formerly was Hen r Looks in ye So — ye 
one Halfe of my Part of the Swamp land that w r as Exchanged 
[with] lin in Towns men for that I bought of John Lewis one 
paire of Cart wheeles 

"To my Sonne Thomas Flint I Giue & bequeath all my Houss- 
ing with the land Adjoyning both Garden & orchard The Halfe 
part of the Two Feilds ye one Some tymes Golthites Feild the 
other Sometymes Called Truslers feild or ye Brickkill Feild The 
Halfe part of all my Marsh on the northside of The Creeke or 
brooke of Forrest Riuer soe called Commonly all the land or 
swampe at Claybrooke formerly bought of George Emery all 
y e land within the Incloasure (made by my sonne Jon. Pickering 
& myselfe in ye soth feild) my part thereof which I giue to my 
sonne Thomas one Tenn Aker lott in ye South feild I bought of 
Olliuer Mannering w ch formerly was Richard Rayments To my 
sonn Thomas I giue & bequeath halfe an Aker of Marsh a little 
Within ye South feild Gate which I bought of m r Feild This 
one Halfe of my Swamp land y* was Exchanged with Lin Towns 
men for that I bought of John Lewis To my Sonne Thomas 
His Choyce of fower oxen & Two Cowes out of all my Cattle 
To my sonne Thomas all my Wheeles & Cartes plows & Chaines 
& Tackling for my oxen Except one payre of wheeles I haue 
giuen to my sonne Edward To my sonne Thomas I giue & 
bequeath y e best bedsteed w c stands in ye Chamber with one 
feather bed Two payre of sheetes one payre of Blanketts Two 
Ruggs one of them ye best red one Likewise I leaue itt to my 
wiffe to bestowe upon him whatt other househould stuff hee may 
haue occation for if hee marryes dureing her life. To my sonne 
Thomas I giue Two Iron Backs Two Iron doggs & Three hakes 
or hookes. 

"To my Sonne Joshuah Ward his sonne Joshua I giue & be- 
queath One Tenn aker lott in ye South Feild w ch I bought of 
Cap* James Smith & was formerly m r Gotts To Antony Nedam 
I giue a Cow of mine which he hath in Keepeing & doe aquitt him 
freely from all whatsoever hee owes mee vpon Accomp* betweene 

him & Lastly: as for ye Debts that are due to mee from 

severall I doe leaue them to discharge what I owe to others & 
the Remainder of them I giue to my wiffe." Wit: Wm. Hath- 
orne, sr.,* John Hathorne* and Wm. Hathorne.* Alee, the 
widow, and Edward, the eldest son, were appointed adminis- 

* Autograph. 



1673] RECORDS AND FILES 209 

trators of the estate. Court ordered that Jno. Pickering should 
have the land which was willed him by his father, as is declared 
in Mr. Jno. Hathorne's testimony. 

Inventory of the estate of William Flint, deceased, taken 
Apr. 22, 1673, by Edmond Batter* and Hilliard Veren, sr: * 
Imp r s: a dwelling hows, barnes, out housinge with y* garden, 
orchard & land adjoineinge contayn aboute one acker, 24011. ; 
about Seauen ackrs of land lyinge in y e field caled Goldthites 
field, 801i.; aboute six ackers of land lying in truslers field soe 
caled or y brickkil field, 701i. ; aboute fiue ackers of marsh lyinge 
att or toward y 6 head of Forist Riuer, 501i.; one ten acker lott 
y* was formerly baxters lying in y e South field, 121i.; five ackers 
of land y* was formerly Cooks lying in y e south field, 51i.; y 6 
swamp land his part of itt about fower ack rs behalfe be itt more 
or less y* was: Exchanged with Lin men, 61i. ; all y e land & swamp 
at clay brooke form r ly bought of m r Emmory about 6 ackers, 
421i.; his part of inclosier made between John pickeringe & ^ 
deceased contayning aboute twelue ackers, 201i.; One tenn acker 
lott late bought of Oliuer Manneringe, in y e South field, 131i.; 
half an acker of Salt marsh bought of m r Field lying in y* South- 
field, 51i.; one tenn acker lott late bought of James Smith lying 
in y* Southfield, 181L; aboute two ackers of land bought of Hil- 
liard Veren lying in y e South field, 21i.; aboute two ackers of 
land lying neare the Southfield Gate bought of Tho. James, 
301i.; aboute thre ackers of land lying adjoining to y 6 inclosier 
aboue said, 311. ; aboute fiue ackers of land formerly John Bridg- 
mans: lying in y* 3 Southfield, 61i.; 10 Oxen, 501i.; 6 cows & a 
calf & a hifer, 221i. 15s.; 3 horses & a mare & colt, 1211.; 2 swine, 
20s. & 6 hooks & sickls, 5s.; 12 Sheep, som lambes, 611., a grind 
ston & crank, 611. 10s.; 3,000 foot of deale bords, 611.; 2 carts, 
10s.; 2 pa r Iron bound wheels, 1 p 611., 1 dito, 411., 1011. 10s.; 
a par of drafts & a par. of wheels to them, Hi. ; a dung pot & 
old whels, 20s., 6 iron chains, 40s.; 5 yokes & 2 par. copses, Hi.; 
2 plows & iron & an old harrow, Hi. Is.; 2 iron crows, 2 pitch- 
forks, 4 spades, Hi.; 2 mattacks, 3 dung forks, 2 hows, 18s.; 
10 axes, 25s.; 6 wedges, 6s.; 2 cops rings & staples, 1 p plow 
irons a sett of boxes & old iron, Hi.; a parcel of old Scithes & 
old aug r & chisels & som old iron, one ads & 2 saws, Hi. 5s.; a 
pillion, 8s.; an old sadle & bridle, brest plate & croop, 18s. In 
the parlor chamber: one fetherbed & bolster & pillow, 41i. 2s.; 
4 blankets, 1 Rug, 311. 5s., 1 p sheets, 8s.; a sute of curtins, 25s.; 
bedsted cord & matt, 20s.; red rug, 30s.; green rug, 20s.; pr. 
white blankets & 2 pilos, 411. ; a cotten rug, blanket, bed matt, 
cord & bedsted, 211. 10s.; wearing apparel, 71i. 10s.; 3 hatts, 
16s. ; 4 p shoos, 12s. ; 1 p bootes, 10s. ; 3 p old cards, 3s. ; 2 mus- 
kits & old Swords, Hi. 12s.; a sword, 12s.; 9 3-4 yd. of kersy 
at 7s., 411. 3d.; 21 p & one Sheete, 711.; 5 yds. brod cloth, 10s.; 

* Autograph. 



210 SALEM QUARTERLY COURT [June 

3-4 yds. Serdg, 43s.; 2 yd. cotten, 6s.; 2 1-4 peniston, 8d.; 4 
yd. Red Serdg, 20s.; 5 yd. cotten & woolin, 12s. 6d. ; 1 deers 
skin, 4s.; 8 shirts, 32s.; a table cloth, 16 napkins, 8 old towels, 
Hi. 2s. ; 22 yds. of cotten & linen, 44s. ; 6 pilobeers, 6s. ; 10 bands, 
3 caps, 5 hankerchifs, 16s.; 4 pine chests, 16s.; small table, 5s.; 

3 old baskets & old sives & a hogsd., Is. 6d. ; salt meate in ye 
hows, Hi. In the kitchin chamber, cotten blankett & bag, 5s.; 

4 blankets & a p sheets, bolster & pilloes, 51i.; a dust bed, bed- 
sted, cord, 6 blankets & old pillo, 21i. 10s.; an old chest & 3 
bushls. pease, 10s. ; 5 bushels of pease, 12s. 6d. ; 9 bushls. wheate, 
36s.; 18 bush, oates, 22s. 6d.; kneeding trough, a meel cask, 
tub & other old caske, 9s.; 2 old sives, bole & skimer, 2s.; 1 
bush. 1-2 salt, 4s.; shovel & hogsd., 3s.; nails, 4s.; cart rops, 
old & other lumber, 6s.; 16 bags, 48s., 24 bus. malt at 3s., 61i. 
12s.; 34 bushls indian corn at 2s., 41i. 12s. 6d. ; a fether bed, 
bolster & blankets, old rug, p sheets, old curtains & valins & 
bedsted with all appertenances & 2 pilloes, 71i.; truckl bed & 
bolster, bedsted, 4 blankets, old and new, 51i.; side cubard, 
30s., warming pan, 7s.; small table, 4s.; 2 old stools, 2s.; 8 
chairs, 12s.; pair of spur?, 12d.; 7 old baskets, 30d.; Scales & 
weights, 3s.; books, 12s.; a forme, 18d.; a p of dogs & iron 
back, Hi.; an old smoothing iron, glas bottles, pincers, file, 
knives & combe, 3s. 6d.; 4 cases with bottles, 15s.; spectackls 
& cases, 5s.; in the seler, tubs, barls., & lumber, 15s.; pewter, 
31i. 17s.; lanthorn & tin ware, 5d. ; bras, 41i.; iron pots & kit- 
tles, 32s.; a back & andirons, 55s.; hangers, pot hooks, fire 
shovels, tongs & 2 frying pans, 31i. 15s.; pails, trays, potts, 21i.; 
161i. cotten & linen yarn, Hi. 12s.; a morter, 2 hamers & som 
lumber, 5s.; a table & formes, setle & 3 or 4 chares, 21i.; p of 
bellows & gridiron, 2s.; cash, 101i.; 60 Cord of wood, 51i.; aboute 
20 loade of dung, Hi.; 2 p sheets much worne, 10s.; 7 3-4 yds. 
stuff, at 12s., 15s. 6d.; an old Red childs blankett, 5s.; p of 
britches, 10s.; debts due to ye Estate, 791i. 14s. 3d.; total, 9111i. 
15s.; estate debitor about 161i. 12s. 5d. 

Wm. Hathorne testified that on 18 : 1 : 1671-2, he was sent 
for "to go to Wm. Flynte to hear his will read about wch 
I had much conference before, I askt him why he gaue so litle 
to two of his daughters, he told me he had giuen them some- 
thing already & he would giue itt to his wife who would doe 
well for her daughters, & y l he would doe well by Thomas his 
son because he had been an obedient child to him, when itt 
was read, he told me it was his will & yt it was writen ac- 
cording to his mind & desired me to be a witnes to y e same." 
Sworn in court. 

William Hathorne, aged about twenty-seven years, deposed 
that he heard Goodman Flint say that he intended to give his 
son Pickering a parcel of land, etc. Sworn in court. 



1673] RECORDS AND FILES 211 

Samuell Leech dying intestate, administration upon the estate 
was granted to several of the creditors, viz., Mr. Moses Maver- 
ick, Mr. Frances Johnson and Robert Knights, who were to 
bring in an inventory* to the next Salem court. 

James Bette was bound to Isaack Hull, cooper, to live with 



Jno. Hathorne, aged about thirty-one years, deposed that 
when he wrote the will of William Flint, etc. Sworn in court. 

Edmond Batter, aged about sixty -four years, deposed that 
he being with Will. Flint the day before his death, the latter 
said he wished he had put in his will about the land he wished 
his son Pickering to have, but when deponent went the next morn- 
ing, said Flint was not in condition to be spoken with. Sworn 
in court. 

On the reverse of a copy of the will of William Flint: "Inq r 
who is plaintiff & who defendant & how much & what ye land 
& where it lyes & how bounded. 

"Jn° Jun r & Alee Pickering Ex trs to ye Last will & Testam 1 
of Jn° Pickering Sen r late deed, plaintiffs. Edward & Thomas 
Flint defend ts Thomas hauing let Edward haue Two Acres of 
y* land in Controu r sy Lying in y e s th field in y e whole ab. 10 
acres of upland & meadowe Known by ye name of Harwoods 
lott. bounded on ye s th & west w th y e land of Tho. Flint & Jno. 
Pickering: on ye north w th y e land of Alee pickering. on ye 
East w th ye harbour. 

"y* adm rs haue been already Cited ye ordnary by m r pickering 
in his life time but ye Case seeming difficult to ye Judge y r is 
nothing acted upon it as yet." 

* Inventory of the estate of Samll. Leach, appraised, June 26, 
1673, by Nicholas (his mark) Merritt, Richard Hudsonf and 
Edw. Humphrey:f the house, boardes and shingles that was 
bought to put upon the house, 401i.; 1 Bedd Coverled and Blank- 
ets, 21i. 1 Bolster, two pillows, 10s.; two pare of sheets, lli. 
6s.; two Chests, one table, one Box, 16s.; one fryen pan, smothin 
Box and Iron, 6s.; one Iron pott and Cettle, lis.; wooden ware, 
3s. ; Lumber, Is. 6d. ; 3 puter dishes, 1 pint pott & 3 old poringers, 
16s.; Tinin ware, 3s. 6d.; two Cheares, Is. 6d.; 1 little Copper 
Scillett, Is. 6d.; Tramell and Tonges, 6s. 6d.; Iron work, 4s.; 
Mattes and Cradle, 3s.; total, 471i. 9s.; debts due from the 
estate: to Robart Knight, llli. 15s.; John Legg, 51i.; Francis 
Johnson, 51i. 15s.; John Devirex, 41i. 10s.; Rich. Normon, 31i. 
lis.; Joseph Pickworth, 15s.; Goodman Doliver, 15s.; Mosses 
Mavireck, 31i. 3s. 2d.; Goodman Roads, lli. 14s.; Ambros Gall, 
10s.; James Smith, 8s.; Edward Reed, 2s.; Daniell Wells, 15s.; 
total, 371i. 12s. 

t Autograph. 



212 SALEM QUARTERLY COURT [June 

him as an apprentice according to indenture allowed and filed 
in the records. 

Thomas White of Wenham dying intestate, and the last Novem- 
ber Salem court appointing his wife, Ruth, administratrix, 
and ordering her to bring in an inventory,* which she did, 
there appeared to be more debts than estate to pay. Court 
ordered that the estate pay 13s. 4d. to the pound, and that any 
creditors who did not accept it, might have liberty to recover 
otherwise. 

* Inventory of the estate of Thomas Whitt, late of Wenham, 
taken by Walter Fayerfieldf and Charles Gott:f imprimes his 
wearing cloths and hatt, 31i. 14s.; beads, beading, Leninge and 
beadsteds, lOli. 3s. 6d.; bras, pewter and silver and Iron ware 
in the house, 61i. 13s. 2d.; a saddell and pillion and one chest 
and wooden Lumber, 21i. 6s.; parcsell of swine, one horse and 
neatt cattell, 181i. lis.; chayns and plows and other husbantre 
Implements, 41i. 6d.; two oxen, two cows and one ster taken 
away by John west, 191i.; hoops and boxes in henery Kembals 
hands, lli. 2s.; Dew from the widdow Rayner, Hi. Is.; in come 
and pease in the house, lli. 3d.; dew from henery kemball, 21i.; 
from Isack Davis, 12s.; in bord or plank at the mill, lli. 5s.; 
Sargent Thomas Whitt, deceased, having had in his life time a 
Right by Lease: to a parsel of Land hired of Richard Hutten 
and by what the said whitt hath disbursed upon the said Land 
if it can be holden the terme of the Leas which is six yers to com, 
lOli. ; total, 811i. 8s. 2d. 

Account of the debts which Thomas White owed, made by 
Tho. Fiskef and Walter Fayerfield:f to the Worshipfull Mr. 
Bradstreet, 91L; Capt. Latherop, 71i. 3s.; Capt. Georg Corwine, 
llli. 6s. 4 1-4 d.; Mr. Gidny, sr., of Salem, 61i. Is. 9d.; Capt. 
Pric, lli. 2s. 10 l-2d.; Mr. John Ruck, 51i. 18s. 5d.; Zebelan 
Hill, 31i.; Ezeikle Woodward of Wenham, llli. 9s.; Ensign John 
Goold, 51i.; Mr. Newaman, 61i. lis. l-2d.; William Story, 51i.; 
Mr. Wade of Ipswich, 141i. 3s. 8d.; Andrew Peetrs of Ipswich, 
lli. 2s.; Thomas Juet of Salem, 7s. 9d.; Goodman Gooldsmith, 
lli. 10s.; Thomas Fiske, lli. 10s.; Daniell Killim of Wenham, 
17s.; Deacon Goodhewe, 41i. ; Richard Hutton, 121i. ; John 
West, by a Judgment acknowledged in Court, 201i. 5s.; Due 
to the widow for Charges sine hir husbands death in Secureing 
the estate, 31i. 4s. 6d.; to John Denise, lli. 3s. 6d.; Goodman 
Rix, 7s.; to william Sawier, 7s.; Mr. Purchas, 10s.; Ensigne 
Corning, 7s.; total, 1301i. 2s. 4d., besides 31i. 4s. 6d., expended 
by the widow. 

Copy of the will of John White of Lancaster, yeoman, dated 

t Autograph. 



1673] RECORDS AND FILES 213 

Mar. 10, 1672-3, compared with the original by Ralph Houghton,* 
Roger Sumner* and John Leweis:* He commits his body to the 
common burying place at Lancaster; "ferst it is his will that 
his daughter Hanna haue one hundred acres of his second de- 
uision of upland and part of it lying neare ealsabet Riuer, and 
all that part of his second deuision of medow that lyeth at wata- 
quadoke togather with Comons and Comon Right due to one 
hundred pound estate on the towne booke. And the house 
and barne and other out housing togather with all the Rest of 
of the lands medowes Comons and comon Rights within the 
bounds of Lancaster both first and second deuision to be to his 
son Josiah White, The said building and lands aforementioned 
to be as aforesaid to his son Josiah and his daughter Hanna 
there heires and asignes foreuer. And in Reference to his farme 
at wenham it is his will hereby declared that his daughter in 
law Ruth White sum time wife to his late deceased son Thomas 
White, shall haue and inioy the said farme during the time of 
her naturall life (one half of it) and the other halfe untill her 
son Thomas white Com to the age of twentie one years and then 
he to enter posesion of one half and at the death of the said widow 
the two daughters are to enter posesion of the other halfe, to be 
to the said widow her son and daughters as aforsaid theire heires 
and asignes foreuer prouided alwaies that If the said widow Change 
her Condition by marriage then the said farme to be to the said 
Children in pportion as aforsaid And in Refrence to his daughters 
Joane Elizabeth Marie and Sarra who are disposed of in mariage 
and haue Receiued portions yet notwithstanding it is his will 
hereby declared that they haue euerie one twentie shillings truly 
payed them out of the mouable estat as aforsaid. And In Ref- 
rence to Hanna his yongest daughter who hath liued with him 
from her childhood and bene a nurse to him in his old age, it 
is hereby declared to be his will that she haue the bed shee useth, 
togather with all the furniture belonging to it — debts and Lega- 
sies aforesaid being fully discharged out of the mouable — as 
aforsaid, by the aforsaid Josiah white who is hereby willed and — 
ed to be sole executor of this Last will of his aforsaid father, to 
se this — ill truly and faithfully pformed, in all the parts of it. 

the — to the said Josiah. The aforsaid John ." Wit: 

Roger Sumner and Ralph Houghton, who made oath before 
Danll. Gookin. 

Copy of the inventory of the estate of John White of Lan- 
caster, taken 29 : 1 : 1673, by Richard Hutten and Marke Bache- 
ler: In housing and twentie acres of house lott and 20 acres of 
intervaile land in the first division, 100H.; horses, Catell and 
hogs, 2 horses at 71i. ; 2 oxen at 81i. ; 4 Cowes, lOli. ; 4 yearlings, 
41i.; 2 weaning Calves, Hi.; swine, lOli.; 53 bushell of Ry, 91i. 
5s. 6d.; 12 bushell of blasted wheate, Hi. 16s.; Indian Corne, 

* Autograph. 



214 SALEM QUARTERLY COURT [June 

William Thomas of Newbury had liberty to take and improve 
sturgeon. 

Whereas there was an inventory* of the estate of John Faire- 
feild brought into the last Salem court, amounting to 24 Hi. 5s. 
6d., by Sara, the relict, now the wife of Daniell Killum, who 
had been appointed administratrix, court ordered, with the 
consent of all parties, that said Daniell Killum keep the whole 
estate until the children come to age, viz., John Feirefeild, the 
son, and Trifana and Elizabeth, the daughters, and when they 
reached the age of fourteen years they were to choose their guar- 
dians. At age, the son was to have 501i. and the daughters 
251i. each, the house and land to stand bound for the children's 
portions. 

Fined by Major Hathorne: 

Thomas Greenslade, for breach of the Sabbath, was admonished. 

Sara Greeneslade, for suspicion of stealing and lying twice 
was fined. 

William Reeves, for breach of the peace by fighting with another 
man, was fined. 

Thomas Cromwell, for striking Tho. Robbins, was fined. 

Lewis Hewes, for profaning the Lord's day by demanding 

30 bushell, 31i.; 2 acres and halfe of Ry on the ground, Hi. 7s.; 
2 bushell of oats, 4s.; a bushell and pek of hempe seed and flax 
seed, 6s.; a load of hay, 10s.; carts, plowes, chains and horse 
harnes and other takling for a teame, 61i. ; in axes and Carpenters 
tools and other husbandrie tools, Hi. 10s.; arms and amunition, 
21i.; houshold goods, a bed steed, fether bed, a white Ruge, 
bolster and other furniture belonging to the bed, 61i.; another 
old bed and the furniture to it, 21i. 10s. ; a bed and the furniture 
belonging to it that was given by his will to his daughter Hanna, 
31i. ; his wearing aparell, 51i. ; brasse and peuter, 41i. 10s. ; books, 
9s.; iron ware in the house, 2 tramells, 4s.; pair of tongs, 3s.; 
Iron pot, 4s.; small pair of scales, 2s. 6d.; an old Chest, a Churne, 
2 other Chests, Cheires, stools, Hi.; total, 18911. His estate in 
Wenham, 2001i. 

Tho. Scott certified that there was due from the estate of 
Tho. White of Wenham to his master Jno. Corwin, 71i. 17s. 
2 l-2d. 

*Copy of the inventory of John Fairefeld, of Ipswich, attested 
by Hilliard Veren,f cleric. 

t Autograph. 



1673] RECORDS AND FILES 215 

debts, was fined, fees to be paid to the constables of Topsfeild 
and Salem.* 

Richard Croffe, for stealing wood, was fined, and was ordered 
to pay witnesses, John Massey and John Greene. 

Richard Croff, for absence from meeting and entertaining- 
others in his house in time of public worship, was admonished. 

John Morrall, for being drunk, was fined. f 

The wife of Peeter Woolfe for abusive carriage at meeting on the 
Lord's day, was fined, and was to pay Richard Stackhouse 6s. 8d.t 

*John Courties and Zachariah Courties, aged about twenty- 
four and twenty-two years, testified that on one Sabbath day 
in April, 1673, Lues Hews came to their father's house to demand 
a debt of their brother Zacheus, but they told him he was not 
at home. Said Hews was troubled because he had come so far 
to speak with him, but he later said he had come on other busi- 
ness also. Then he asked for Daniell Blak and where he lived. 
Then they asked Hues to go with them to Topsfeild to meeting 
but he refused, saying that he would get back in time to go to 
Salem Farms to meeting in the afternoon. He further bade them 
to tell their brother that if he did not bring down the pay within 
a week, he would be forced to send the marshal, for he was in 
fear of being sued, or if he would come to Salam and appoint 
John Gills to pay the money he owed to Zacheus to said Hues, 
he would be willing to allow five shillings per pound. "theD 
he tould us y* our father sayd John gills was to driue a pair of 
oxen to mr. brodstrets but he was badly mistaken for John gils 
did not care though y e oxen could but ris alone at may day for 
ther our father was to fectch them: further he tould us y* mr 
endecot bid him to tell our brother y* if he did not bring away 
y 6 rent y* was behind he wold spedely send y* 5 marshall." Sworn 
in Major Hathorne's court, 2:7: 1673, and attested by Hilliard 
Veren,§ cleric. 

fHenry Kemball and Jams Moulten, jr., testified that they saw 
John Morall so far gone with drink that he could not keep the way 
but tumbled about like a beast. Sworn, 1:7: 1773, in court. 

Robert Leach, sr., aged about fifty-eight years, and Robert 
Leach, jr., aged about twenty years, deposed that Georg Standly 
sold Robert Leach two yards of broadcloth at 22s. per yard, 
which he said it cost him at Steven Hascott's. The latter, how- 
ever, affirmed that Standly gave him but 15s. for it. Sworn, 
1:7: 1673, before the Worshipful Maj. Wm. Hathorne, and 
attested by Hilliard Veren,§ cleric. 

JAnn Woodbery, aged about forty-seven years, deposed that 
"as I was late in my seate in the meetinghous on the lords day 

§ Autograph. 



216 SALEM QUARTERLY COURT [June 

goodwife Stackhous being there in the same seate sitting by 
mee a little distant from mee leaueing about halfe roome for 
another betweene us: goodwife woolfe came in to the seate and 
there not being roome eneough for hir to sitt down between us 
goodwife woolfe stood up in the seat before goodwife Stackhous 
a good while till at last I being ashamed to see them as I thought 
contend for the uperhand I spake to goodwife Stackhous de- 
sireing of hir to sitt a little farther that goodwife Woolfe might 
sitt down but shee would not now there not being roome for 
goodwife woolfe to sitt neither betweene goodwife Stackhous 
and me nor on tother side between goodwife Stackhous and a 
piller that standeth in the seate but about halfe roome eneough 
on either side of good wife Stackhous good[wife] woolfe haueing 
allwaise used to sitt at that end of the seat and not goe past the 
piller haueing stood as afoersd a good while at last kneeled down 
in the seat awhile and afterwards rose up againe and then sate 
down upon goodwife Stackhouses knees a little while and then 
rose of hir again and sate down upon the seate beyond goodwife 
Stackhous goodwife Stackhous sate still upon her seat a little 
while afterwards and at last sate down lower in her seat awhile 
and at last shee whispered to mee to call hir husband her husband 
was called and then shee seemed to be sick hir husband helped 
her away out of the meeting hous In all this time I did not 
perceive goodwife woolfe make any disturbanc nor offer any 
affront to goodwife Stackhous unless it weere in the sitting upon 
hir kneese." Freeborn Black testified to the same, except to 
the particular of Goodwife Stackhouse sitting upon her mat, 
etc. Sworn in court of presentments held by Major Wm. Hath- 
orne, 21 : 7 : 1673, and attested by Hilliard Veren,* cleric. 

Robert Bradford, aged forty-seven years, and John Black, 
aged about thirty-one years, deposed that being at the meeting 
house the day that Goodwife Stackhouse complains of wrong 
done to her by Goodwife Woolfe, etc. Ann, wife of Nicholas 
Woodbery, mentioned. Goodwife Woolfe turned herself with 
her face to the minister and leaned her arms upon Mrs. Halse 
pew, etc. Sworn in court held by Maj. Hathorne, 15 : 7 : 1673, 
and attested by Hilliard Veren,* cleric. 

Deborra Morgain, wife of Joseph Morgain, Floranc Gaily 
and Mari Hains deposed. Sworn before Major Wm. Hathorne, 
1:7: 1673, and attested by Hilliard Veren,* cleric. 

Darcas Hore, aged thirty-nine years, deposed that her mother 
pulled Goodwife Woolfe by the arm, etc. Sworn before Major 
Wm. Hathorne's court, 15 : 7 : 1673, and attested by Hilliard 
Veren,* cleric. 

Tamsin Taply, aged forty-two years, deposed that she saw 
Goodwife Woolfe sit so long in Goodwife Stackhouses lap that 
she leaned her head against the seat. Deponent would not 

* Autograph. 



1673] RECORDS AND FILES 217 

have seen it, had not Goodwife Lovett pulled her by the arm 
to show it to her. Sworn in Major Wm. Hathorne's court, 
15 : 7 : 1673, and attested by Hilliard Veren,* cleric. 

Elizabeth Larcomb, aged forty years, deposed. Sworn, 1:7: 
1673, before Major Wm. Hathorne, and attested by Hilliard 
Veren,* cleric. 

Mary Lovit, aged about fifty years, deposed. Sworn 1:7: 
1673, before Major Wm. Hathorne, and attested by Hilliard 
Veren,* cleric. 

Inventory of the estate of Elionor Robinson, deceased, allowed 
in court, 27 : 4 : 1673, upon oath of Mr. Hen. Bartholmew: 

two cowes in ye hand of John Neal, ; in money, 41i. 12s.; 

for the hire of two cowes, Hi. 8s. 

Inventory of the estate of Richard Charlescraft, allowed in 
court, June 27, 1673, upon oath of Anthony Needham, adminis- 
trator: a sute of cloathes in the Hands of Mr. John Browne, 
sr., 21i.; p old lynin 15s. & 800 weight of Tobacco at Verginia 
in the hand of Mr. James Browne, 41i. 7s.; pa Barrill of Rumm 
in the hand of Mr. Matthew Bartine, 31i.; total, 91i. 7s. 

Writ: Abraham Allen v. Henry Skerry, sr., and Nathaniell 
Mighill alias Michiell, dwelling with Mr. William Browne, sr.; 
trespass; for breaking open his house, abusing his wife by forci- 
bly turning her out of the house and locking the door, nailing up 
said Allen's shop, taking away the key of his house, thereby 
depriving him of the use of his household goods; dated June 10, 
1673; signed by Hilliard Veren,* for the court; and served by 
John Marston,* constable of Salem. 

Writ: Mr. Timothy Lindall v. William Reeves; debt due by 
bill to Mary, said Lindall's wife, before marriage; dated Apr. 
10, 1673; signed by Hilliard Veren,* for the court; and served 
by John Williams,* deputy marshal of Salem, by attachment of 
a chest and a good new bedstead belonging to defendant. 

Writ: Margarett Bishop v. Nicholas Manning; forfeiture 
of a bond; dated 11:4: 1673; signed by Hilliard Veren,* for 
the court; and served by , constable of Salem, by attach- 
ment of the barn and land in the south field of defendant's. 

Writ: Robert Wilkes v. John Norton; non-performance of 
covenant in building a house for plaintiff, it being for the 
most part already paid; dated 18 : 4 : 1673; signed by Hilliard 
Veren,* for the court; and served by John Marston,* constable 
of Salem. 

Writ: Henry Skerry, marshal v. Thomas Fiske; debt; dated 
June 4, 1673; signed by Hilliard Veren,* for the court; and 
served by Abraham Drak,* marshal Skereis' deputy. 

Writ: John Waldron v. William Cock; debt, which was due 
from said Cock to Mr. Christopher Latamore, and said Waldron 
was his security when Mr. Latamore had arrested him, which 

* Autograph. 



218 SALEM QUARTERLY COURT [June 

debt he refuses to pay; dated Apr. 16, 1673; signed by Moses 
Mavericke,* for the court; and served by Robert Bartlett,* 
constable of Marblehead.f 

Writ: Mr. John Brock v. Thomas Russell; debt; dated May 
12, 1673; signed by Moses Mavericke,* for the court; and served 
by Robart Bartlett,* constable of Marblehead, who attached 
one cow and codfish of defendant's. 

Writ: Christophar Lattemore of Marblehead v. Edward 
Homan of Marblehead; for illegally possessing and building a 
house upon plaintiff's land in Marblehead, also for refusing to 
deliver said Lattemore possession of the same, after legal de- 
mand, which land was bought formerly of John Coyte, it being 
lOOli. damage to the plaintiff; dated June 11, 1673; signed by 
Moses Mavericke,* for the court; and served by William Browne,* 
constable of Marblehead. 

Writ: Mr. John Brock v. Thomas Russell; debt; dated May 
12, 1673; signed by Moses Mavericke,* for the court; and served 
by Robart Bartlett,* constable of Marblehead, by attachment 
of one cow and some codfish. 

Writ: Samuell Morgan v. Thomas Russell; debt; dated 
June 6, 1673; signed by Moses Mavericke,* for the court; and 
served by Robart Bartlett,* constable of Marblehead. 

Writ: Thomas Stocker v. Samuell Benitt; debt; forfeiture 
of a bond; dated June 18, 1673; signed by John Fuller,* for 
the court; and served by Samuell Hart,* deputy for Chrispas 
Brewer,* constable of Lin. Bond of Samuell Benett.* 

Writ: John Knights v. John Smith and Ralph Ellinwood; 
trespass; for carrying away dung; dated May 1, 1673; signed 
by Hilliard Veren,* for the court; and served by John Lovit,* 
constable of Beverly. Bond of Rea[l]ph Elan[wood] * and John 
(his mark) Smith, said Ellinwood giving his house and land as 
security. 

Writ: Nathaniell Browne, in behalf of his wife v. John Leigh; 
slander; for charging that she had taken a false oath and saying 
he could prove it; dated Apr. 11, 1673; signed by Robert Lord,* 
for the court; and served by Seth Story,* deputy for Robert 
Lord,* marshal of Ipswich. 

Writ: Henry Leonard v. Anthony Carrell; for refusing to 
give possession of a parcel of land and meadow bought of said 
Carrell for the term of eleven years, as may appear by a lease 
or deed under said Carrell's hand; dated June 19, 1673; signed 
by Robert Lord,* for the court; and served by Theophilus Wil- 
son,* constable of Ipswich. 

Writ: Mr. Robert Paine v. Henry Leonard; debt, in bar iron; 
dated June 18, 1673; signed by Robert Lord,* for the court; 
and served by Joseph Leigh,* deputy for Robert Lord,* marshal 
of Ipswich, by attachment of Leonard's interest in the Iron 

* Autograph. | Shorthand written upon the back of this paper. 



1673] RECORDS AND FILES 219 

works, the house he lives in, and his right in a frame standing 
by the works. 

Writ: Adam Westgate v. Edmond Bridges, sr., of Ipswich, 
blacksmith; debt; dated Apr. 25, 1673; signed by Hilliard 
Veren,* for the court; and served by Robert Lord,* marshal of 
Ipswich, by attachment of the house and land of defendant. 

Writ: Thomas Newell v. Henry Leonard; debt; for not de- 
livering 81i. in bar iron at Salem, according to agreement, dated 
June 18, 1673; signed by Robert Lord,* for the court; and 
served by Joseph Leigh,* marshal's deputy. - 

Writ: Major Genrll. Daniell Denison v. Henry Leonard; 
debt; in bar iron, due for his part of the rent of the Iron works 
and arrears of rent; dated June 17, 1673; signed by Robert 
Lord,* for the court; and served by John Gould,* deputy for 
Robert Lord,* marshal of Ipswich, who left the summons with 
said Leonard's wife. 

Writ: Samuell Hunt v. John Leigh; slander; charging him 
with taking a false oath and saying that he would prove it; dated 
Mar. 29, 1673; signed by Robert Lord,* for the court; and 
served by Robert Lord,* marshal of Ipswich. 

Writ: Joseph Leigh, assignee of John Leigh v. Nathaniell 
Browne; debt; dated Apr. 5, 1673; signed by Robert Lord,* 
for the court; and served by Edmond Bridges,* deputy for 
Robert Lord,* marshal of Ipswich. 

Writ: Henrie Leonard v. Edmond Bridges, jr.; debt; dated 
13 : 4 : 1673; signed by John Redington,* for the court; and 
served by John How,* deputy marshal, by attachment of land 
of defendant, "the Reson I cal it Edmon Brigis land is be caus 
ded and bill is giuen: but pososhon and axnoligment is not given: 
and I knue not where to find any other estat. this I call his 
but I leue the honered Court to Jug." 

Writ: Deacon Wm. Goodhue v. Henry Leonard; debt; dated 
June 18, 1673; signed by Robert Lord,* for the court; and 
served by Edmond Bridges,* deputy for Robert Lord,* marshal 
of Ipswich, by attachment of a parcel of bricks, etc. 

Writ: Ens. John Gould v. Henry Leonard; trespass; for 
harm done by his horses in corn and orchard; dated June 17, 
1673; signed by Robert Lord,* for the court; and served by 
John How,* marshal's deputy, by attachment of two chests 
and their contents, who read the attachment to Leonard's wife 
and left a summons with his son. 

Writ: Ens. John Gould, assignee of Anthony Carrell v. Henry 
Leonard; debt, in bar iron; dated June 17, 1673; signed by 
Robert Lord,* for the court; and served by John How,* mar- 
shal's deputy. 

Writ: Nehemiah Jewett, being by marriage heir to the estate 
of John Peirce of Boston, deceased, as also attorney in behalf of 

* Autograph. 



220 SALEM QUARTERLY COURT [June 

Manaseeth Marston of Salem and Mary Peirce of Boston, also 
heirs of the estate of said Peirce, as by his will appears v. John 
Bridg and Joseph Pennyman, administrators of the estate of 
William Robinson of Dorchester; debt; dated May 24, 1673; 
signed by Jonath. Negus,* for the court; and served by Rich. 
Wayte,* marshal of Suffolk, who went by order of Nehemiah 
Jewett to the dwelling house of Elisha Hutchinson in Boston 
to attach the goods of said Bridg and Pennyman, but Hutchinson 
said he had none of their estate, nor ever had. 

On the reverse of the foregoing paper: "For m r John wiswell 
Ier[n]monger in newingland In the Supplye, John fayerwether, 
m r ." 

Writ: Ezekiell Woodward, in behalf of his daughter, Elizabeth 
Woodward v. Samuell Hunt and Elizabeth, his wife; slander; 
dated Mar. 26, 1673; signed by Robert Lord,* for the court; 
and served by Robert Lord,* marshal of Ipswich, by attachment 
of the house and land of defendant. 

Writ: Ezekiell Woodward, in behalf of his daughter Elizabeth 
Woodward v. Nathaniell Browne and Judith, his wife; slander; 
dated Mar. 26, 1673; signed by Robert Lord,* for the court; 
and served by Robert Lord,* marshal of Ipswich. 

Writ: Robert Hibert v. Nicolas Rice; for not fulfilling a con- 
tract whereby plaintiff was to have 121i. in money and goods and 
the use of two acres of tillage one year for service done him; 
dated 10 : 4 : 1673; signed by Tho. Fiske,* for the court; and 
served by Samuel Townsin,* constable of Rumbly Marsh. Bond 
of Nicholas Rice, Jerimiah Belchar* and Isaack Smith,* 
sureties. 

Writ: Walter Price, merchant v. Richard Sutton of Roxberry; 
debt; dated June 12, 1673; signed by Jonath. Negus,* for the 
court; and served by Rich. Wayte,* marshal. Bond of Richard 
Sutton.* 

Venire, dated May 27, 1673, for Wenham, signed by Hilliard 
Veren,* cleric, and served by Richard Dodge,* constable of 
Wenham, who returned the names of William Fisk for the grand- 
jury and Charles Gott, for the jury of trials. Also to summons 
Abraham Martin to answer his presentment for abusing Alex- 
ander Maxe at his own house and also his family, and for taking 
the Lord's name in vain, with said Maxe and his wife as witnesses. 
Also to summons James Bette for being drunk, abusing Mr. New- 
man by words and breaking open his door, with witnesses, Richard 
Kemboll, sr., James Moulton, jr., Mrs. Elizabeth Newman and 
Mary Moulton. Also to summons John Bachelor and Sara 
Kemboll in the presentment of Mr. Anthony Crossbe. "in case 
ye said Bette be gon or martin, y t you sumons you not: yu you 
need not sumons ye witnesses: alsoe ye sd Crosby is Dead & 
soe ye witnesses in y* case need not be summoned." The con- 

* Autograph. 



1673] RECORDS AND FILES 221 

stable returned that Jams Bettes and Abraham Marten had 
gone out of "ye patten," and could not be found. 

Venire, dated May 27, 1673, for Beverly, signed by Hilliard 
Veren,* cleric, and served by John Lovett,* constable of Beverly, 
who returned the name of Samll. Corning for the jury of trials. 
Also to summons one or more, in behalf of the town, to answer 
for a defective highway at the head of Macrell cove, near Nicho- 
las Woodberyes mill. Also to summons Thomas Chubb, jr., 
and his wife, for committing fornication before marriage. Also 
to summons Excersise Conant, as a witness. 

Venire, dated May 27, 1673, for Lyn, signed by Hilliard Veren,* 
for the court, and served by [torn], who returned the names of 
John Fuller, Thomas Newhall, Richard Haven and Theopheles 
Bayly, for the jury of trials. 

Venire, dated May 27, 1673, for Marblehead, signed by Hilliard 
Veren,* for the court, and served by William Browne,* constable 
of Marblehead, who returned the name of Master Samuell Ward, 
for the jury of trials. 

Venire, dated May 27, 1673, for Gloster, signed by Hilliard 
Veren,* for the court, and served by John Davis,* constable of 
Gloster, who returned the name of John Fich, for the jury of 
trials. Also to summons William Vincent to testify concerning 
a defective highway, in an Ipswich and a Beverly presentment, 
and in Thomas Chub's presentment, for fornication. 

Presentments, dated June 24, 1673, and signed by Walter 
Price,* in the name of the rest of the grand jury: 

From Wenham: John Morell of Topsfeeld, for being so far 
gone in drink that he could not keep the way, but tumbled like 
a beast. Wit: Henry Kemble and James Moulton, jr. 

Walter Fearffeeld, for detaining or in not requiring his servant 
Jno. Besoon to attend the public worship of God on the Lord's 
day, was admonished. Wit: Tho. Fisk, jr., and Jno. Gilbert. 

From Gloster: William Foord of Charlstowne, for sailing his 
boat "out of the squam at Gloster" on the Lord's day morning 
quite a way. Wit: Jno. Collins, jr., Tho. Prince, jr., Will. 
Ellerge, Will. Vinson, sr. Informers, Will Vinson, jr., and Jno. 
Cook. 

From Beverly: Samuell Haries, for beating and abusing his 
wife. Wit: Marye Woodbery, the wife of Hewgh Woodbery 
and his daughter Sara, who informed two of the jury of it, namely, 
Exercise Connant and William Fisk. 

From Marblehead: Robert Stephines and his wife, for com- 
mitting fornication before marriage, was sentenced to be whipped 
and his wife not appearing, she was attached to Ipswich court. 
Wit: Richard Rieth. 

Mr. Cobb of Marblehead, for being drunk. Wit : Isak Williams 
and John Moulton. 

* Autograph. 



222 SALEM QUARTERLY COURT [June 

William Roberts, the blind man of Marblhed, for taking the 
great name of God in vain. Wit: Richard Rieth and Waltar 
Bosen's wife. 

George Stanley of Makrell Cove, for lying, saying to Robert 
Leech that the two yards of broadcloth which he paid to Robert 
Leech cost him 22s. per yard, which cloth did cost but 15s., which 
they conceived to be a cheat or extortion. Wit: Rob. Leech, 
sr., and jr., Stephin Haskett, Joseph Phippen and Christ Babedg. 

From Lin: Moses Chadwell and Robert Potter, for swearing 
rashly in a case tried before the Worshipful Major Hawthorne, 
concerning a piece of fence in Rumney Marsh, which testimonies 
are at our honored Major's house. Wit: Major Hathorne, Tho. 
Stocker and his son Eben. 

From Salem: Lewis Hews, for profaning the Lord's day in 
going about to demand debts in April last upon the Lord's day 
at Topsfeild. Wit: Zacheus Curtes and Jno. Curtis. 

Peter Joye, for being disguised with drink some time in May 
last. Wit: Mr. Phillip Cromwell and Tho. Ives. 

William Bath, for being drunk about one month past. Wit: 
Edward Woollen and Adam Wesgatt. 

William Reeves and John Best, for breach of the peace, fight- 
ing in the street, was fined. Wit: Henry Skery and John Wil- 
liams. 

Mr. Tho. Cromwell, for striking Thomas Robins on the face 
and making his nose bleed, was fined. Wit: Tho. Robins and 
Jno. Guppy. 

Doctor Emerye, for being overtaken with drink and forced 
to be led home. Wit: Deacon Home, Jno. Gupee and Petter 
Harvy. 

Tho. Robison, for stealing several things from An Roundy. 
Wit: An Roundy and Julyan Viber. 

Richard Crows, for stealing wood. Wit: John Massy and 
Jno. Greene. 

From Lin: Joseph Holloway, for saying that he recorded his 
marriage and had not, whereby we vehemently suspect that he 
committed fornication before marriage. Wit: Henrye Roads 
and Frances Burell. 

From Beverly : Goodwife Woollf , for making a disturbance in 
the public meeting on the Lord's day by striving with Goodwife 
Stachouse in the seat. Wit: Debora Morgan, wife of Joseph 
Morgan, Florence Gaily and Mary Haynes. 

Warrant, dated 20 : 4 : 1673, for the appearance of Mr. Gard- 
ner and Mr. Gidny, ordinary keepers, and all other retailers of 
wine, strong beer or cider within the precinct of Salem, for neglect 
and refusal to bring in their accounts of their several drafts of 
wine, beer and cider, according to law, also for the non-payment 
of the rates and imposts due from Oct. 25 last, signed by Richard 



1673] records and files 223 

Court held at Ipswich, July 17, 1673. 

Laurance Clenton came before the Worshipfull Mr. Samuel 
Symonds, Dept. Gov., and Major Genrll. Daniell Denison, and 
acknowledged judgment to Thomas Borman. 

Mr. John Burr dying intestate, administration was granted 
to Mary, the widow. 

Inventory of the estate of Mr. John Burr, appraised by John 
Browne and Joseph Browne, was allowed upon oath of the widow, 
Mary: House, orchard and an acre of land, 401i. ; land in England, 
2001i.; a bed, bedsted & furniture, 81i.; fether bed and rugg & 
blankitts, 21i. 5s.; a bed & 2 blanketts & a bedmat, Hi. 10s. 
seaven paire of sheets, 31i. 10s.; 9 pillow beeres, a doozen of 
napkins & 3 table clothes, Hi. 15s.; a livery cubberd, 2 cases 
& a chest & small case, Hi. 5s.; 3 trunks and 2 tables, 18s.; 4 
silver spoones & other plate, 21i. 10s.; 8 chaires, 18s.; wooden 
dishes, trayes, keelers & beere barrills, Hi. 10s. ; 2 pestles & mor- 
ter & a piggin & watter paile, 9s.; a brass kettell, 2 Iron potts, 
2 skillets, Hi. 3s.; pewter and brass, 41i.; a warming pan & tin 
ware & earthen ware, 10s.; paire of Andirons, frying pan, spit 



Russell,* treasurer, and served by Christopher Babadg,* con- 
stable of Salem. 

Warrant, dated 20 : 4 : 1673, for the appearance of Chris- 
topher Latimore, ordinary keeper, and all other retailers of wine, 
strong beer or cider, within the precinct of Marblehead, for 
neglect and refusal to bring in their accounts of their several 
drafts of wine, beer and cider, according to law, also for the non- 
payment of the rates and imposts due from Oct. 25 last, signed 
by Richard Russell,* treasurer, and served by Robart Bartlett,* 
constable of Marblehead. Those who have sold this year by 
retail: Ellner Stasey, several years, John Ledg, sr., John Ped- 
rick at the neck, Franses Johnson, William Wade, Bengeman 
Parmiter, a licensed man, Richard Norman, a licensed man, for 
wine, cider, beer and liquor. 

Warrant, to Mr. Perkings and Mr. Baker, ordinary keepers, 
and Mr. Waynright, Deacon Goodhu and Robard Pearce of 
Ipswich, all retailers of wine, dated 20 : 4 : 1673, signed by 
Richard Russell,* treasurer, and served by Simon Stace,* con- 
stable of Ipswich. 

Warrant to Edward Hazen of Rowley, innkeeper, dated June 
20, 1673, signed by Richard Russell,* treasurer, and served by 
John Johnson,* constable of Rowley. 

* Autograph. 



224 IPSWICH QUARTERLY COURT [Sept. 

& slice & tramell, Hi.; tubb of meate and Indian come, lii. 10s.; 
parcell of sheepe woole & other things, 10s.; woolen wheeles, a 
chest & 3 tubs, 15s.; axes, turning tooles & other Iron ware, 
21i. 5s.; 2 bibles and other books, Hi. 5s.; halfe a grinestone, 
hammer & gimlett, 4s.; bridle & saddle, pistolls & holsters, rapier, 
belt & lance, 41i. ; his own weareing clothes & linnen, lOli. ; two 
cowes and a mare, 71i. 10s. ; a sow & two piggs, Hi.; debts due 
to the estate, 31i.; total, 3031i. 8s.; debts due from the estate, 
301i. 

Court held at Ipswich, Sept. 30, 1673. 

Judges: Samuell Symonds, Dept. Govr., Major Genrll. Deni- 
son, and Major Wm. Hathorne. 

Grand jury: Deacon Moses Pengry, Tho. Stace, John Lighton, 
Rich. Shatswell, Mr. Sam. Rogers, Thomas Gidding, Wm. Tit- 
combe, Sam. Plumer, Daniell Peirce, Wm. Boynton, John Palmer, 
Joseph Bigsbye, Jo. Reddington and Wm. Chandler. 

Jury of trials: Ens. John Gould, Sergt. Jacob Perkins, Walter 
Roper, Nath. Rust, Edw. Lomas, Edmond Bridges, John Emry, 
Ens. Steph. Greenleafe, Nath. Clarke, Tho. Tenny, James Barker 
and Jonath. Platts. 

John Bayley was sworn constable of Nubury. 

Agreement of the heirs of Jacob Barney, sr., allowed. [Origi- 
nal on file in the Registry of Probate.] 

Inventory of the estate of Jacob Barny, sr., taken June 2, 
1673, by John Porter, sr., and Richard (his mark) Leach, allowed. 
[Original on file in the Registry of Probate.] 

Capt. Wm. Gerish and Rich. Dole, attorneys for the town of 
Newbury v. Robert Addams. Verdict for plaintiff, the title of 
the land in question.* 

*Richard Knight, aged about seventy years, and John Knight, 
sr., aged about fifty years, deposed that this land, formerly of 
John Reminton and Nathaniell Wyer, now in controversy, which 
Robert Adams has fenced in is the town of Newbury's common 
land. Also this land "Lyeth ouer our Litle river" easterly to 
the land which was formerly Mr. Edmo. Greinleife's land, and 
Robert Adams has fenced in about ten acres of it. Deponent 
further testified that when this way spoken of in the record 
through Robert Adams' meadow, which he purchased of Richard 
Dole was laid out by deponent it was unfenced and lay in common. 
Sworn in court. 



1673] RECORDS AND FILES 225 

Mr. John Perkins v. Thomas Newman. Trespass. With- 
drawn. 

Nath. Wells v. Thomas Menter. Slander. Defendant con- 
fessed, and could not prove it. Verdict for plaintiff, 251i. dam- 
ages or a public acknowledgment, as the court should appoint.* 

Mr. Frances Dane v. George Abbott. Withdrawn. 

Nath. Pyper v. John Keane. Verdict for plaintiff. Appealed 
to the next Court of Assistants at Boston. John Keane bound, 
with John Williams and John Taylour, as sureties.! 

Copy of deed, dated May 22, 1651, from Edmond Greenleafe 
of Newbury to Robert Addams of Newbury, yeoman, for 601i., 
his farme in Newbury over the Litle river "with all the house 
barne houseings Hovills fences timber & p r veledges of commons, 
profitts and hereditaments there unto belonging with both 
uplands and meadowes conteineing about 150 acres of upland," 
also 50 acres of meadow, bounded by land of John Hull on the 
south, and partly by a creek, in length eight score rods, Richard 
Kent on the east, " parted in the marsh with a creeke and a 
trench from the creeke to the upland betweene the land of Rich- 
ard Dole & the sayd farme and from the end of the trench at the 
edge of the upland it Runs Northerly to the new highway, which 
is the northwesterly bounds of it and from the marked tree on 
the north, it runs upon a line to the marked wallnutt by the 
meadow." Wit: Daniall Peirce, Samuell Plumer and Anthony 
Somerby. Acknowledged, 1:2: 1652, before Samuell Symonds.J 
Copy made by Robert Lord,t cleric. 

*John R deposed on 12 : 5 : 1673, that he heard Nath. 

W^ells ask Tho. Mentor whether it was he who told Johnathan 
Fantton that said Wells used evil language to one of his family, 
calling names as dog and devil, and he said that it was not. Sworn 
in court. 

fAnn Huntt, aged about fifty-two years, deposed that she being 
desired by John Kene of Boston to brew him some beer from a 
parcel of malt that he had bought of Nathll. Piper of Ipswich, 
as he said, "when I & my men had brewed y e Beare it stanck so 
y l I was much Blamed by y* said keene, & he told me my vessells 
or my water was bad & we thought that y* might be some Cause 
of y e badnes of y 1 Beare Butt I Brewing a second Brewing of 
Beare of y** same mault it proved as bad as the other & also stanck, 
soe I Brewed the second Brewing over againe & it was all one 
& stanck in ones throate Like Rotten Edgs & when I had used 
all the Art I Could to make y e Beare good & Could not I then 
wentt to Jn° Keene & Desired him to let me see y* mault where- 
upon he Desired me to goe up y e Garrett & se y e mault & I took 

t Autograph. 



226 IPSWICH QUARTERLY COURT [Sept. 

y e mault in my hand & Rubbed it & when it was warme it stanck 
Like Carrion Like as y e Beare and y e said pip r Coming to s d Kenes 
house I asked him why he sold y e said Keene such A p r sell of 
bad Maultt y* Stanck but he s d pip r put it of & said it was good: 
Furth r I testify y e s d Keene told him y* he sold it him for good 
Mault upon his Word & y e said pip r Denyed it not. Further 
I testify y* y e said Keene was forsed to fling away y e Beare y* 
I brewed for him of that Maultt & it spoyled his Cask alsosoe 
y* they stanck when y 6 Beare was out. Sworn, Sept. 29, 1673, 
before Edward Hutchinson,* commissioner. 

Thomas Matson, aged about thirty-eight years, deposed that 
in the summer of 1672, he drawing beer at Mr. Coxes, the beer 
proving exceedingly bad, asked Mr. Cox the reason of it. He 
said it was a parcel of malt that he had sent him from Mr. Freakes' 
order which came from Mr. Nathaniell Piper's vessell, which 
was so bad he could not make beer of it, so that Mr. Cox was 
obliged to leave the house to deponent and go about other work 
to get a living for himself and family. Sworn, Sept. 29, 1673, 
before Edward Hutchinson,* commissioner. 

Robert Smith, aged about twenty-three years, testified that 
he being Ann Hunt's man, said Hunt being Mr. John Keene's 
brewer, etc. The beer was so bad that said Keene had to throw 
it "Down y e sinck or street." Sworn, Sept. 29, 1673, before 
Edward Hutchinson,* commissioner. 

Richard Woodise, aged about seventy-three years, testified 
that he bought twenty bushels of malt of Nathll. Piper of Ips- 
wich from his bark for sixpence per bushel, and one of the men 
told him that it was some of the best malt he had. Sworn, Sept. 
29, 1673, before Edward Hutchinson,* commissioner. 

Benjamin Smith, aged about sixty years, deposed that he 
bought malt of said Piper which was bad, etc. Sworn, Sept. 29, 
1672, before Edward Hutchinson,* commissioner. 

William Wright, aged about sixty-one years, deposed. Sworn, 
Sept. 29, 1673, before Edw. Hutchinson,* commissioner. 

William Goodhue testified. Sworn in court. 

Nathaniell Piper's bill of cost, Hi. 9s. 6d. 

Robertt Cox, aged about forty-three years, testified. Sworn, 
Sept. 29, 1673, before Edward Hutchinson,* commissioner. 

John Barry, aged about thirty years, and Thomas Newmarch, 
aged about twenty-four years, deposed that on Aug. 15, 1672, 
Keane received of Piper 58 bushels of malt, 51 bushels at 4s. per 
bushel and the other seven were delivered him by order of John 
Lighten. Said Keane saw the malt and the measure when it was 
delivered to him in sacks and had his choice of it in the vessel's 
hold. Sworn in court. 

William Wright, sr., aged about sixty-one years, deposed. 
Sworn, Sept. 29, 1673, before Edward Hutchinson,* commissioner. 

* Autograph. 



1673] RECORDS AND FILES 227 

Mr. Henry Roades v. John Ballard. Withdrawn. 

Ambrose Mackfation v. Henry Lenard. Review of a case tried at 
Salem. Verdict for plaintiff, reversal of the former judgment.* 

Ambrose Mackfation v. Henry Lenard. Withdrawn.! 

Benjamin Lowle v. Capt. Wm. Gerish and Richard Lowle. 
Withdrawn.]: 

Joseph Leigh, attorney of John Leigh v. Wm. Roe. Review of 
a case tried at Salem in June last. Verdict for defendant, con- 
firmation of the former judgment.! 

Robertt Sandford, aged about forty-five years, testified. Sworn, 
Sept. 29, 1673, before Edward Hutchinson, 1 1 commissioner. 

*Writ: Ambrose Mackfashon and John Ramsdell v. Henry 
Leonard; review; dated Sept. 24, 1673; signed by Robert Lord, || 
for the court; and served by Robert Lord, 1 1 marshal of Salem. 

Copy of papers in this action brought, 24 : 4 : 1673, in Salem court. 

Tho. Looke and Tho. Towers testified that they received of 
Samuell Leonord and James Hanscomb by Henry Leanord's 
order, forty cord of wood cut by Daniell Black for Mr. Leonard's 
use, which wood they had made into coal, and delivered to said 
Leanord. Sworn in court. 

Tho. Looke and James Carr testified that the cart which brought 
the collier's brands, evidenced at Salem court, was the same in 
which they carry mine and will not hold above the fourth part 
of a load for four oxen. Sworn in court. 

fWrit: Ambrose Mackfastion v. Henry Leonard; debt; dated 
Sept. 22, 1673, signed by Robert Lord,|j for the court; and served 
by Robert Lord,|| marshal of Ipswich. 

John Bregges and John How deposed that they heard Mr. 
Lenord say that he and Makfasan had settled accounts, etc. 
Sworn in court. 

| Copy of record of the Court of Assistants, Sept. 2, 1673, in 
this action, appealed from the Ipswich court, with verdict for 
defendant, confirmation of the former judgment, etc. Copy 
made by Edward Rawson,|| secretary. 

Copy of the original receipt given by Capt. Daniell Perce to 
Jo. Woodbridg, commissioner: "Recived uppon ace* the 12 th 
day of 10 th m° 54 of Ann Millard the whole estate belonging vnto 
Benjamin Lowle and Elizabeth Lowle and we wholy discharge 
the sayd Ann Millard of all demands on this ace* the overseers 
have wittnesed this the day & yeare above written. Wm. Ger- 
rish, Rich. Lowle and Abr. Topan." 

§Writ, dated July 7, 1673, signed by Robert Lord,|| for the 
court, and served by Theophilus Wilson, || constable of Ipswich. 
Bond of Samuell Graves. || 

|| Autograph. 



228 IPSWICH QUARTERLY COURT [Sept. 

Copy of papers in this action, brought in the Salem court last 
past, made by Hilliard Veren,* cleric. 

William Mancefeld, aged about twenty-seven years, deposed 
that he had been in the company of William Rowe several times 
and had seen disorderly carriages by said Rowe toward his wife. 
He had also observed the woman's behavior when she was at 
the lies ashoules and never saw her carry herself badly toward 
him unless he provoked her. Deponent was in his company 
where there were others merrily disposed and Row desired John 
Hollande to go and persuade his wife to come and he would go 
and bring Holland's wife. Rowe by force took Holland's wife 
out of her bed and brought her into the company, and deponent 
and some others of the company saluted William Row's wife, 
she being a stranger, upon which Rowe showed much dissatis- 
faction for some days after, which much troubled his wife. 
Rowe was very jealous of her if any man showed respect to her, 
came to his house or kissed her. Sworn, Sept. 19, 1673, before 
Peter Twisden,* commissioner. 

Thomas Giddinge, aged about thirty-seven years, testified 
that he with a salutation wished her much joy " whereupon I 
perseaued her husband Looked Very angerly one me: and unles 
it ware a man whoes hart: ware afier throw a Jealous Sperit of 
his wife (I thinke Under fauior) he could not haue caried it worse, 
for once affter he tould me: he herd that: I was his enemie: 
and one night Coming one the meeting house hill: the wife of 
goodman Sparks herd him, the said Row, call to me: ho you 
giddings; Ide wish you & others to meddle w* that you haue to 
doe w* or I haue that in my pockit will doe your bissnes for you: 
in a verie threattning maner." Sworn in court. 

Declaration of John Leigh,* by his attorney Joseph Leigh: 
that he was not guilty of alienation of his wife's affections be- 
cause Row's wife had little affection for her husband; that 
Row was made uncomfortable was on account of his great jeal- 
ousy, and that if "through the Efects of his Jelosy his Lif is made 
uncomfurtable soe that we conceiue if he would obtain a com- 
furtable life he must gett his sperit free from Jelosy as we con- 
ciue that were a better way then to sue John Leigh for it." 

William Row's answer to the declaration. 

Elizebeth, wife of Thomas Peren, aged about forty years, 
deposed that Sarah Row told her that she loved her husband as 
much as other women, etc. Sworn in court. 

Elizebeth Binmore, aged twenty-seven years, deposed that 
coming from the lis of Shols to Ipswich with Sarah Row, she 
told her that she would go back again with her and when "wee 
had bound oure Cloths up in Reddynesse to go to the lis of Shols 
she the said Row went out of dors to Saml. Younglous House, 
and shee staying longer then ordnary I went to Her and thare 

* Autograph. 



1673] RECORDS AND FILES 229 

I found Jn° leegh and Sarrah Row together and I asked Sarrah 
Row whether shee would go to the Hands with me shee said shee 
thought shee should and leegh tould her hee thought shee had 
no busynesse thare, so Sarrah Row asked Jn° leegh to lend Her 
twenty shill & he said Maddam if you will go with me he Had 
forty at Her seruis, so they went out of dores together so I went 
to her fathers House againe, and then the said Sarrah came sone 
after to me to her fathers House, and I asked her whether shee 
would go to the Hands along with me and shee said her mind was 
altered for going, and Her mother asked Her whether shee could 
go to a better place then to her Husband, and shee answered 
shee would not go to the lis of Shols now if shee had twenty 
Husbands." Sworn in court. 

Edward Nealand, aged thirty years, testified that he lived 
at Mr. Hubbert's long before and after Sarah Roe was married 
and that she would rather be in Leigh's company than Roe's. 
One night when Roe came to see her, she would not let him in, 
but stayed in the house with deponent and John Leigh. Some of 
Mr. Wade's family told deponent the next day that William 
Roe walked all that night in Mr. Hubberts' orchard. After 
Sarah was published to Row, deponent saw a letter which she 
had written to send to him telling him not to come any more to 
her, for she could never marry him. Also at a meeting at Giles 
Coes' house, where Sarah and Roe were with a merry company, 
she told deponent that Roe was a silly cur and she could not 
endure him, and three or four days after, she seemed to be much 
troubled and said that her husband was the most clownish block- 
head fellow she ever saw, and was so jealous that she thought 
she should never abide him. The day before her marriage, 
deponent told her that he was bade to invite John Leigh to her 
wedding, but she desired not to do so, for if Leigh were there she 
should not be able to take Willm. Roe. Later when deponent 
went to talk with her about what he had heard concerning her 
treatment of her husband, she told him how Roe had behaved, 
and asked deponent how a woman could love a man who carried 
himself as he did. Sworn in court. 

Sarah Row, aged about twenty years, deposed that " after 
I was published to the sd. Row I recanted in my own minde & 
soon after would haue broken of the marriage with him, but for 
feare of displeasing my parents & to that end I got a young maide 
that liued in the house with mee to write a letter to him to desire 
him to come noe more to mee, because I founde I could not loue 
him; but my Father would not let mee send it. Secondly after 
my Marriage I testify that John Leigh never came into my Com- 
pany nor entred into any discourse with mee, till I gave him 
occasion by telling him what greivance I met with in him to 
whome I was married, which I know was the onely occasion of 
his being afterwards soe much in my Company: And my dis- 
atisfaction to my husband proceeded from other causes & not 



230 IPSWICH QUARTERLY COURT [Sept. 

John Godfry v. Edward Clarke. Review. Verdict for de- 
fendant. Appealed to the next Court of Assistants.* 

John Godfry v. Edward Clarke. Debt. Verdict for plaintiff. 

Wm. Story v. Ruth White, administratrix of the estate of Tho. 
White. Debt. Verdict for defendant. 

Obadiah Bridges v. Jonas Gregory. Debt. Withdrawn. 

Samuell Lenard v. James Gary. Withdrawn. 

Mr. Robert Paine v. Thomas Andrews. Debt. Nonsuited. 

Daniell Black v. Henry Lenard. Debt. Verdict for plaintiff .f 

John West v. Ruth White, relict of Thomas White. Review. 
Withdrawn. 

Samuell Poore, Daniell Cheney, Sam. Bartlett and Moses 
Pilsbery took the freeman's oath. 

Jonas Gregory acknowledged judgment to Mr. Robert Paine 
in barley and Indian corn. 

Daniell Wickam was bound for Samuell Smith's appearance. 

Joseph Leigh was bound for John Leigh's appearance. 

Andrew Peeters was licensed to still and sell liquors out of 
doors by the quart. 

John Roberts was discharged of his bond for good behavior. 

Henry Salter, for running away twice and stealing, was sen- 
John Leighs insinuating into my affections, as is by many sup- 
posed, as namely by his jealousy & other carriages at the Isles 
of Shoales of like nature, to my greivance & great provocation. 
Sworn, Sept. 26, 1673, before John Leverett,! Gov., who sent 
the deposition to Mr. Lord of Ipswich, sealed with his seal, and 
dated, 26 : 7 : 1673, at Boston. 

Elizabeth Fuller, aged about seventeen years, testified that 
she was at work at Mr. Hubbard's where Sarah Roe was, etc. 
Sworn in court. 

John Fabes§ certified at the Isle of Shoales, Sept. 27, 1673, 
that William Roe and his wife lived in his house when they were 
at the Shoales and appeared contented, etc. Sworn before Peter 
Twisden.§ 

*Writ, dated June 29, 1673, signed by Anthony Somerby,§ 
for the court, and served by Henry Skerry,§ marshal of Salem. 
Bond of John Gould§ and Edward Clarke.§ 

t Writ, dated Sept. 23, 1673, signed by Robert Lord,§ for the 
court, and served by John Gould,§ deputy for Robert Lord,§ 
marshal of Ipswich, who read the attachment to Lenard's son 
Samuel. 

J Autograph and seal. § Autograph 



1673] RECORDS AND FILES 231 

tenced to be whipped and wear a lock on his leg and to pay treble 
damages to those he stole from: to Joseph Proekter, 41i. 12s., 
to Tho. Thurla, to have his shirt again and 10s., and to pay- 
charges to the constable of Dover, 35s., in money and to be im- 
prisoned until it be paid, to Joseph Leigh, for his charges, 25s., 
and to the keeper, 7s. 6d. 

Richard Gouldsmith dying intestate, court granted adminis- 
tration of his estate to Mary Gouldsmith, the widow, who brought 
in an inventory of the estate amounting to 151i., clear. Court 
ordered that the estate remain in her hands. 

John Pearce and Elizabeth his wife, for uncleanness before 
marriage, were ordered to be whipped or pay a fine of 20 
nobles.* 

Upon complaint against John Leigh for several great offences, 
and he being bound to good behavior, his bond was moderated 
to 151i.f 

Anthony Morse was fined upon his presentment. 

Daniell Clarke was fined. 

Samuell Pepin was fined for not assisting the constable. 

Tho. Menter was admonished upon his presentment. | 

Rich. Pasmore was admonished upon his presentment. J 



*Clement Coldam, aged about fifty years, deposed that on 
Sept. 10, last, hearing that John Pearce was accustomed to take 
the widow Stanard to his house at night and she was seen to go 
away in the morning, deponent went to Pearce's house and looked 
in at the window, etc. He called Anthony Dey and Deacon 
Steevens, and they saw enough to warrant a complaint against 
said Pearce, etc. Sworn in court. 

fThomas Wait, aged about twenty-one years, deposed that 
he heard Goody Hount say at her house that Elesebeth Wood- 
word was with child and that John Lee was the father of it. 
Sworn in court. 

Samuel Hunt and his wife and Elizabeth Redington testified 
that Margritt Lambard came to their house "of a sleavelesse 
maids arand," which was to get some scouring sand, and dis- 
coursing about a sheep, Hunt's wife began to blame her for some 
uncomely carriages which she had noticed in said Lombard and 
others of the neighborhood. Margritt said that these stories 
were as true as what Goodwife Hunt had told about Betty Wood- 
ward, and said Hunt declared that she had never spoken so of 
said Woodward. Sworn in court. 

J John Line, aged about twenty-three years, deposed that being 
at Mr. Simonds' house when Nathaniell Wells was examined 



232 IPSWICH QUARTERLY COURT [Sept. 

Peeter Lacros was admonished for breach of the Saboth. 

Thomas Attwood and his wife, presented for fornication, were 
sentenced to be whipped unless they pay a fine of 41i. 

John Baker, being returned by Major Genrll. Denison for 
selling strong beer to the Indians, confessed that they had from 
some of his family two quarts, and was fined, 40s. to be paid 
presently and the other 40s. allowed to Mr. Baker, sr. It was 
Henry Gould who sold beer to the Indians contrary to his mas- 
ter's command. 

Quartermaster Perkins' license was renewed for a year, also 
his license for liquors renewed for a year. 

John Sparke had his license renewed for a year. 

Nath. Wells, for abusive speeches to his servants, was fined.* 

about Johnathan Fantons complaint, said Wells told that John 
Bridge had complained of him to the Major some years ago for 
some of the same things that he was now accused of. Also that 
"Tho. Menttor, being summoned by John Bridg as a witness 
against his master Wells & that then the said mentor denied the 
said Bridg his charge against the said Wells wherby Nath. Wells 
was cleared and mentor being asked how he could tender to 
swear to that now: which he had formerly as a wittnes denied 
before the major: and Tho. mentter answered before mr. simonds 
that it was because I Goodman Wells had threatened him as 
they went to towne to the majers: that if he wittnesed any thing 
against the said wells: he would break his boons & therfore he 
denied that befor the magor that he would testify now." John 
Ring testified to the same. Sworn in court. 

Lionel Epps deposed that last Saturday as he was going from 
the room when divers were censured for breach of the Sabbath, 
he heard Thomas Minter say that he would either fight Nath- 
aniel Wells or be even with him before "this day seavennight at 
night." And Jonathan Fanton said presently if Minter said 
nothing but what he would stand to, that he would stand by 
him. Martha Epps testified to the same. Sworn in court. 

Thomas Waite sr., deposed that Thomas Mentor had carried 
himself very irreverently and unchristianlike upon Sabbath days 
in the time of worship, by "setting with his hatt upon his head 
in the time of prayer or soe little off as scarce desernable, by 
talking, by laughing and allmost all the time of worship whisper- 
ing with those that are like himself and allso with very little 
boayes to the ill example of youth," also by snatching away 
their posies or flowers from their bosoms. He also deposed that 
Richard Passmore was guilty of the same misconduct, except 
sitting with his hat on in time of prayer. 

* Thomas Baker, aged about twenty-five years, deposed that 



1673] RECORDS AND FILES 233 

Samuell Smith, for fornication, was sentenced to be whipped 
or pay a fine. 

Hanah Button, for fornication, was sentenced to be whipped 
or pay a fine. 

John Denison was released from training, paying 5s. a year. 

Upon petition of John Leigh, court respitted 51i. of the 151i., 
until court took further order. 

John Leigh was bound to be of good behavior and not to go in 
company with Sarah Roe. 

Joseph Fowler being complained of by Tho. Belancher for 
beating him, the court sitting and he appearing all bloody and 
sorely beaten, and it being proved by several testimonies that 
Fowler had thrown him down in the street and struck him several 
blows, court considered divers circumstances, the act being done 
in the face of the court then sitting, and said Fowler denying and 
by all means evading and shifting the matter. Court ordered 
that he be severely whipped unless he pay 31i. in money to the 
country and 10s. to said Blancher for the injury done to him.* 



he heard Nathaniell Wells use very unseemly speeches and call 
John Bridge old rogue, old witch, and old wizard, and when depo- 
nent was his servant, in 1672, he called him base rogue and French 
dog when he asked for what was due him. Sworn in court. 

*John Shatsell, aged about twenty-two years, deposed that 
he was going home and when between the court house and Good- 
man Chapman's, he heard a noise and stood still to hear who it 
was. It was Thomase Blancher and Joseph Fowler, and laying 
his hand on Fowler, deponent asked whither he was going and 
he replied that Blancher challenged him to fight. Blancher re- 
plied, "aye, aye, Come: Come: lette hime goe," then went a 
little further and Fowler followed and struck at him and so to 
fighting they went. Fowler threw him down and deponent took 
hold of Fowler to pull him off, and the latter said Blancher was 
holding him by the hair. Then Edward Chapman came and 
deponent left Blancher lying on the ground, and Chapman took 
him up and asked him to go along with him. Sworn in court. 

Jno. Chapman deposed that when he came out at their gate 
with his mother and aunt Quilter, he saw Philip Fowler and they 
went toward the men fighting, etc. After deponent's father 
came he saw nobody strike Blancher, and after they were through 
fighting he saw Phillip Fowler have two hats in his hand. Sworn 
in court. 

Thomas Lull deposed that Philip Fowler gave his brother 
Joseph his hat and told him to be gone and also asked deponent 
to say nothing about what he had seen. Sworn in court. 



234 HAMPTON QUARTERLY COURT [Oct. 

Phillip Fowler, being proved accessory to the fact and en- 
deavoring to conceal the same, was fined. 

Given to the house, 10s. 

Inventory of the estate of John Wright, taken by Edward 
Bragg, amounted to 381i. in fish. [Original on file in the Regis- 
try of Probate.] 

Will of John Merrill of Newbury, dated Sept. 8, 1670, proved 
upon oath of the witnesses, Henry Sewall and Wm. Chandler. 
[Original on file in the Registry of Probate.] 

Inventory of the estate of John Merrill, who deceased Sept. 12, 
1673, appraised Sept. 13, 1673, by Henry Sewall, Archelaus 
Woodman and Joseph Hills, and allowed upon oath of Elizabeth, 
the widow, amounting to 3791i. 12s. [Original on file in the 
Registry of Probate.] 

Agreement for the division of the estate of Philip Stainewood, 
between Jane, the widow, now Jane Pearce, and her children, 
Philip, John and several others, allowed. [Original on file in the 
Registry of Probate.] 

Inventory of the estate of Richard Gouldsmith, taken May 26, 
1673, by John Abye, sr., and Walter Fairefield, and allowed upon 
oath of Mary, the widow, amounting to 171i. 16s. 8d. clear estate. 
[Original on file in the Registry of Probate.] 

Robert Holmes of Newbury dying intestate, administration 
upon the estate was granted, Oct. 9, 1673, to Hester, the 
widow. 

Inventory of the estate of Robert Holmes of Newbury, who de- 
ceased Sept. 17, 1673, taken by Benjamyn Lowle and Anthony 
Somerby, Sept. 21, 1673, and allowed, Oct. 9, 1673, by Hester, 
the widow. 

Court held at Hampton, 14 : 8 : 1673. 

The Worshipfull Daniell Gookin, Esqr., president; Major 
Robert Pike, Capt. Nathll. Saltonstall and Mr. Samll. Dal ton, 
associates. 

Grand jury: Leift. Benjamin Swett, foreman, John Dickison, 
John Stevens, Henry Browne, Peter Eyer, John Jonson, Leift. 

Dority Chapman, aged about thirty-seven years, deposed that 
her husband, etc. Sworn in court. 

Frances Quillter, aged about forty years, deposed that she 
asked her brother Chapman to part them, etc. Sworn in court. 



1673] RECORDS AND FILES 235 

Phillip Challis, Richard Currier, Robert Page, Thomas Sleeper, 
Christopher Palmer and Robert Smart. 

Jury of trials: Leift. John Gillman, foreman, Leift. Ralfe Hall, 
Jno. Clough, John Eaton, John Easman, Thomas Barnard, Thomas 
Currier, Robert Swan, Daniell Ladd, Abraham Perkins, William 
Fuller, Thomas Ward and Nathll. Batcheller. 

Wm. Sterling of Haverhill was fined for not appearing to serve 
on the jury. 

Accidental jurymen impanelled: John Hoyt, jr., Andrew 
Grele, John Haseltine, Ephraim Winsly, Mr. Tho. Woodbridg 
and Mr. Tho. Norman. 

John Clough v. Thomas Philbrick. Appeal from a judgment 
of the commissioners of Hampton for ending small cases, May 
29, 1673, in a case of replevin of nine cows impounded. Verdict 
for defendant, the confirmation of the former judgment.* 

George Martin v. Abraham Drake. For refusing satisfaction 
for an execution levied by him as deputy marshal general to Nath- 
aniell Winsly, tended to him in land, and for carrying said Mar- 
tyn to prison and keeping him in Hampton prison many days, 
contrary to law. Verdict for plaintiff. 

Georg Martyn v. Nathll. Winsley. For refusing satisfaction 
for an execution tendered him in land and for putting him in 
prison. Verdict for plaintiff. Appealed to the next Court of 
Assistants. Nathll. Winsley and Ephraim Winsly bound. 

George Martyn and Susana, his wife v. Nathll. Winsly and 

*Copy of the bond of John Clough, sr., and John Severns, owned 
in court, 29 : 3 : 1673, before Samll. Dalton,f commissioner, who 
also made the copy. 

The following abstract is taken from a private record kept by Samuel 
Dalton, one of the commissioners of Hampton to end small cases, from 1673- 
1680. His position was similar to that of a trial justice of the present time, 
from whose judgment appeals were taken to the Quarterly courts. During 
this period, these records will be printed in connection with the Hampton 
and Salisbury ocurts, in chronological order. The original volume is now 
preserved in the State Archives, Concord, N. H.: 

On 29 : 3 : 1673, Abraham Chase, making a bold attempt when the com- 
missioners were seated in the meeting house, by firing off a pistol in at the 
window, burning a hole in the collers and breaking down some of the glass, 
whereby some of those who stood near were in danger, was fined. 

On 11:4: 1673, Humphrie Wilson was sworn constable of Exeter. 

On 12 : 4 : 1673, Andrew Grely, jr., and Sarah Browne were married by 
Samuel Dalton. 

On — : 8 : 1673, William More and Mary Veasey were married by Samuel 
Dalton. 

On July 7, 1673, Ensign John Samborn and Moris Hobes presented a 
complaint against Abraham Chase upon suspicion of theft for conveying a 
load of red oak hogshead staves from off Hampton commons, near the old 
6aw mill on June 1 last. Judgment for said Chase to pay 10s. to the town. 

t Autograph. 



236 HAMPTON QUARTERLY COURT [Oct. 

Mary, his wife. Review of an action formerly tried in Hampton 
court, Oct. 10, 1671, commenced by said Martyn against Winsly, 
for illegally possessing and withholding houses, lands, chattels 
goods and other estate belonging to plaintiff, as being their pro- 
portion of the estate of Richard North, deceased, father of said 
Susanna Martyn, all which defendants withhold under color of 
a "pretended nonsence will" made about twenty years before 
the death of said North, under pretence of which Ursula North 
assumed a right to possess and dispose of the estate to defendants. 
Special verdict found. If Richard North's will be legal and 
legally proved and Ursula, his wife, had power to dispose of the 
land, they found for defendant, if not, for plaintiff. Court judged 
the will to be legal. Appealed to the next Court of Assistants. 
George Martyn and Joseph Lancaster, both of Amsbery, bound.* 

Mr. Peter Coffyn v. Christopher Palmer. Debt. For 7,000 
feet of merchantable pine board, which should have been paid at 
Mr. Hilton's mill. Verdict for plaintiff. 

Mr. Peter Coffyn v. Major "Robert Pike, Cornet Jno. Severans 
and Corporall Christopher Palmer, in behalf of the troop of Nor- 
folk. For withholding a debt of 131i. 10s. due him for a barrel 
of powder and for diet and other provisions supplied the troop 
when they met at a general training at Boston in July, about 
nine years since. Verdict for plaintiff. 

Joseph Peasly v. Wm. Barnes. Debt. To be paid either in 
one barrel of pork or twenty bushels of Indian corn and 5 C. of 
nails as per bill dated May 14, 1673. Verdict for plaintiff. 

Mr. Henry Dearing v. Charles Hillton. Debt. For with- 
holding 451i. sterling in current money in New England, the 
forfeiture of a bond for non-payment of 8,800 of good merchanta- 
ble white oak pipe staves. Withdrawn. 

Charles Hilton acknowledged judgment in white oak pipe- 
staves to Mr. Henry Dearing. 

Thomas (his mark) Jones of Gloster, formerly called Cape 
Ann, certified that he had received of Ursula North of Salisbury, 
widow, 51i., it being a legacy given his wife Mary, by her father 
Richard North of Salisbury, late deceased, said Ursula being 
executrix of the estate. Wit: Tho. Bradburyf and William 
Bradbury. f Sworn by the witnesses at Salisbury court, Apr. 29, 
1673, and recorded in Norfolk county records, liber 2, p. 292, 
May 3, 1673, by Tho. Bradbury,f rec. 

t Autograph. 



1673] RECORDS AND FILES 237 

Robert Smart of Exiter acknowledged judgment to Mr. Henry 
Dearing to be delivered at Lampreele river landing place. 

Phillip Grele v. Samll. Fowler. Review of a case tried at the 
last Salisbury court in an action of trespass for cutting down his 
timber on a lot formerly belonging to the common right of Lewis 
Hulett and claiming a right to said land and commonage, which 
Fowler bought of Richard Currier. Verdict for defendant. 
Appealed to the next Court of Assistants.. Phillip Grele and 
Andrew Grele, both of Salisbury, bound. 

Mr. Thomas Bradbury v. Mr. William Hooke. Debt. To be 
paid in neat cattle or corn. Verdict for plaintiff. 

Mr. Francis Weinright v. Andrew Samson. For with- 
holding a debt in cod fish, two ryalls under price current, per 
quintal. Withdrawn. 

Andrew Samson acknowledged judgment to Francis Wein- 
right. 

John Samborne and Morris Hobbs, in behalf of the town of 
Hampton v. Daniell Tilton. Trespass. For fencing and break- 
ing up a part of Hampton commons, four or five acres upon a 
plain near Tayler's river above the old saw mill, and for claiming 
the same without any grant from the town of Hampton. Ver- 
dict for defendant. Appealed to the next Court of Assistants. 
John Samborne and Morris Hobbs, both of Hampton, bound.* 

John Samborn, Edward Colcord and Morris Hobbs, in behalf 
of the town of Hampton v. John Redman, sr., and Sabina, his 
wife, as executrix to the last will of Willi. Marston, sr. Trespass. 
For said Marston building upon, fencing and improving some of 
Hampton commons on the north side of Little Bore's head near 
the pond there, after being legally forewarned by the town, the 
executrix still keeping the same in possession and refusing to 
surrrender it, and for claiming it by living upon it and putting 
it into her husband, Willi. Marstons sr.'s, inventory as his land 
or meadow, without any grant to Marston or to any one else from 

*Writ, dated 8:8: 1673, signed by Samll. Dalton,t for the 
court, and served by Abraham Drake,f marshal of Norfolk. 

Darnell Tilton's bill of cost. 

John Sambourn, sr., Moris Hobs and Henry Dow testified that 
Daniell Tilton owned that he fenced the land in controversy. 
Sworn in court. 

t Autograph. 



238 HAMPTON QUARTERLY COURT [Oct. 

the town. Defendant objected that neither his person nor any 
of his estate was attached. Verdict for defendant.* 

John Brown, sr. v. Thomas Marston and Nathll. Batcheller, 
prudential men of Hampton. For refusing to lay him out and 
make good a highway to his farm in Hampton bounds toward 
Salisbury. Verdict for defendant. 

Moses Gillman v. John Pudney. Debt. Due said Gillman as 
appears by a bill under the hand of said Putney and Richard 
Pillford, for not performing a bargain of fencing for plaintiff at 
Exiter, which should have been set up about thirteen or fourteen 
years ago. Withdrawn. 

Robert Evens or his attorney v. Henry Roby and Nathll. 
Boulter. Debt. For ten pounds due per bond for not prose- 
cuting their appeal at the Court of Assistants in March, 1672. 
Verdict for plaintiff. Appealed to the next Court of Assistants. 
Henry Roby, Nathll. Boulter and Christopher Palmer bound. 

Edward Colcord v. Jno. Stanian and Henry Roby. For prose- 
cuting an illegal warrant or execution. Verdict for plaintiff. 
Appealed to the next Court of Assistants. John Stanian, Henry 
Roby and Christopher Palmer bound. 

Mr. John Gillman and John Young & Co. v. John Samborne 
and Henry Roby. Review of a case tried at Salisbury court in 
1670, concerning the title of a tract of land at Bride hill near the 
country highway. Agreed by both parties to refer the case to 
the bench. The bench found for defendant. 

Major Robert Pike v. Edward Gove. Trespass. For cutting 
and carrying away his wood or timber upon this land, thereby 
endeavoring to disparage his title by claiming it to be his, said 
land being the second lot in number of Hall's farm and lands ad- 
jacent and called by the name of Cobham's, in Salisbury. Special 
verdict found. If Andrew Grele and John Ilsly taking pay of 
Major Pike for the lot which was called Cobham's gives Major 
Pike a legal right, they find for plaintiff, if not, for defendant. 
Court found for defendant. Appealed to the next Court of 
Assistants. Major Pike of Salisbury, and Wm. Samborne of 
Hampton bound. 

Joseph Severans v. Timothy Batt. For false imprisonment 
upon pretence of a debt, when there was no debt due. Verdict 



*Bill of cost of John Samborn, Edward Colcord and Moris 
Hobs. 



1673] RECORDS AND FILES 239 

for plaintiff. Appealed to the next Court of Assistants. Mr. 
Tho. Norman, attorney to Timothy Batt, and Edward Colcord 
bound. 

Major Pike of Salisbury, attorney to Mr. Bartholemew Collier 
of London, merchant v. Richard White. Breach of a bond of 
1801i. dated Aug. 24, 1659, to be paid to Mr. Samll. Hall of Salis- 
bury for the use of said Collier, in fish at the Isle of Scholes. 
Verdict for defendant. 

Phillip Towle, assignee of Edward Clarke v. Daniell Hendrick, 
sr., and Jonath. Hendrick. Debt. In corn or cattle, in con- 
sideration of a horse which said Hendrick bought of plaintiff. 
Withdrawn. 

Samll. Shepherd of Haverhill acknowledged judgment to Mr. 
Samll. Dalton, to be paid in Indian corn. 

Robert Jones and Phillip Grele acknowledged judgment to 
Mr. Henry Deering, to be paid in pine board. 

John Severans, sr., and Joseph Severans were bound for the 
latter's appearance. 

John Godfrey appeared in court to answer two attachments 
served upon him by Edward Clarke and one attachment served 
upon him by Abraham Witticker. 

Thomas Ward of Hampton and Richard Currier of Amsbury, 
administrators of the estate of Giles Fuller, were bound for ap- 
pearance at the next Hampton court, when they were to have the 
estate ready to be disposed of according to court's order. 

Anthony Tayler was sworn constable of Hampton. 

Administration upon the estate of Nicolas Smith of Exiter, 
late deceased, was granted to Mary Smith, the widow. 

Nathll. Griff yn of Salisbury, joiner, convicted of misdemeanors 
in fighting with Robert Downer and being at Benjamin Collins' 
house at an unseasonable time of night, where there was much 
miscarriage, was sentenced to pay a fine of 10s. 

Joseph Severans, being convicted before this court for speak- 
ing words in a boasting manner of his lascivious and unclean prac- 
tices, was sentenced as follows: that he shall stand at the meet- 
ing house door at Hampton, half an hour before the lecture with 
this inscription written in capital letters pinned upon his breast, 
"THIS PERSON IS CONVICTED FOR SPEAKING WORDS 
IN A BOASTING MANNER OF HIS LASCIVIOUS & UN- 
CLEANE PRACTICES." He was also fined and bound to good 



240 HAMPTON QUARTERLY COURT [Oct. 

behavior and to appear at the next Salisbury court. Joseph 
Severans, John Severans, sr., and John Stanian bound. 

Concerning the estate of John Dowe of Haverhill, court or- 
dered that after the debts are paid, the remainder be equally di- 
vided between John Dowe's widow and his son. Samll. Shep- 
herd of Haverhill and Onesephorus Page of Salisbury bound. 

Court being informed that there was no watchhouse at Salis- 
bury, the town was ordered to provide one before Mar. 1 next 
or pay a fine of 51i. 

Capt. Saltonstall was granted liberty until Salisbury court 
next to perfect Button's inventory. 

Robert Smith was dismissed from all ordinary trainings, allow- 
ing to the military company of Hampton 4s. per annum. 

Upon complaint of the aged widow Tuck that she wants nec- 
essary comforts and that John Samborn, administrator of her 
late husband Robert Tuck's estate does not take due care for 
her, though there is sufficient estate to do it, it was ordered that 
the selectmen of Hampton see that she has all neccessary supplies, 
and the administrator was ordered to pay the same out of the 
estate, with power to sell land, if necessary. 

Marshal Drake was to have 51i. for his services. 
Mr. Dalton was ordered to take security of Teague Disco of 
401i. and a mortgage of his land to answer an accusation made 
against him by the servant of Moses Gillman of Exiter named 
Mary Parker, who declared that she is with child by him. If 
he failed to give security, he was to be committed to prison. 
Mr. Dalton was also to take Mary Parker's testimony. 

Abraham Drake, upon his motion, was freed from the office of 
marshal, and Henry Dowe of Hampton was appointed and sworn 
marshal of Norfolk, Oct. 18, 1673. Marshal Drake was con- 
tinued in his place for the execution of warrants already in his 
hand. 

John Young was discharged of his bond for good behavior. 
Cornelious Croho was discharged from all trainings and watch- 
ings, but he was to allow two days' work yearly to the military 
company of Exiter, if the chief officer shall require the same. 

Court ordered that the administrator of the estate of Matthias 
Button shall improve the estate according to his discretion by 
letting it out or changing it into other specie, taking sufficient 
security. 



1673] RECORDS AND FILES 241 

Court ordered that the maintenance of the child of Judeth Robie 
by John Young shall be continued until the next Salisbury court. 

Samll. Dalton, treasurer, presented the constable of Exiter, 
Edward Smithe, for not clearing his accounts as the law requires, 
14 : 8 : 1673, and Smithe was fined 40s. by Daniell Gookin, 
president. 

Major Robert Pike and Mr. Thomas Bradbury ordered a 
county rate of 501i. to be made. 

On Sept. 1, 1673, at the desire of Mary Andros, widow of 
Jededia Andros, administration upon his estate was granted her until 
the next Hampton court, by Major Pike and Mr. Samll. Dalton. 

Edward Gove was to appear at Salisbury court next to answer 
to his bond for good behavior. 



Writ: Edward Clarke of Haverhill v. John Godfery; debt; 
dated June 23, 1673; signed by Nath. Saltonstall,* for the court; 
and served by John Bond,* constable of Haverhill. 

Bond, dated Sept. 5, 1673, given by John (his mark) Godfry of 
Salem, for appearance on complaint of Edward Clark. Wit: 
John Willeme* and Johefe Bond. 

Execution, dated May 23, 1673, against Nathll. Boulter, to 
satisfy judgment granted Jonathan Thing, Henry Moulton and 
Tho. Bradbury at Salisbury court, April 8, 1673, signed by Tho. 
Bradbury,* for the court. No return made. 

Execution, not signed, dated May 1, 1673, against Henry 
Roby and Nathll. Boulter, to satisfy judgment granted Robert 
Evens at Hampton court, 8:8: 1672. No return made. 

At a General Court held at Boston, Sept. 30, 1653, in answer 
to the request of the deputy of Hampton, it was ordered that 
the return of the commissioners appointed to lay out the west 
end of Hampton bounds be recorded, and was approved as fol- 
lows: "We whose names are here under written being chosen by 
the Gen 11 Court to lay out the west end of Hampton bounds upon 
our best Information Haue concluded that y e west line shall 
Run from the Extent of the line formerly agreed upon to come 
within two mils of Exiter meeting House upon a direct line to 
that part of ass brooke where the highway goes ouer and from 
thence upon a direct line so as to leue exiter false a mile and a 
Half due north of the same and frome thence upon a west and 
by north line as far as the uttmost extent of Salsbery That 
was we intended the fals att the towne bridg. Samuel winsly, 
Tho. Bradbury, Robard Pike." Copy made by Edward Rawson, 
secretary. This copy of a copy taken from Salisbury court 
records by Tho. Bradbury,* rec. 

* Autograph. 



242 HAMPTON QUARTERLY COURT [Oct. 

John Redman, sr., aged about fifty-six years, deposed that 
some years since the town of Hampton sued Nathaniell Boulter 
and the town's attorney, John Samborn, and deponent and 
they had a fair trial at the Court of Assistants by appeal. It 
was concerning a parcel of land up Tailer's river near the Indian 
graves, called by the name of Wals farm. Sworn, 14 : 8 : 1673, 
at Hampton court. 

Joseph Peasly, aged about twenty-six years, deposed that the " last 
second day was a week agone," about Oct. 6, he was at Major 
Piks' house at Salsbury on some business in the evening. Efrim 
Seuerns was there giving his oath to something. That evening 
they were together husking at Sarjant Steuenses, and deponent 
asked Efrim who he was giving his evidence against and he said 
Richard Carr and Lucy Smith. He said he had not been called 
by authority, but that his mistriss Carr would have troubled 
him for what he had told about, and therefore he gave his oath 
to secure himself. In the evening, said Seuernes made "a sport 
& geme as wee use to say," of his oath. Sworn in court. 

Seaborn Cotton and John Gillman, sr., deposed that sometime 
last March, some friends being desired to meet at Goodman 
Thing's house in Exceter to attempt to make an end of sundry 
differences between Goodman Thing and Goodman Boulter, 
relating to Thomas King's estate. At that time they heard 
Goodman Boulter produce something like an account of widow 
King's expenses, but they could not agree. Sworn in court. 

Letter of attorney, dated Apr. 7, 1673, from George Corlis* 
to Danll. Ela, to prosecute against the administrators of the estate 
of Joseph Davis. Wit: Thomas Estman* and Thomas Dustan.* 
Sworn, Apr. 7, 1673, by the witnesses, before Nath. Saltonstall,* 
commissioner. 

Jno. Samborn, aged about forty-eight years, and Samll. Dalton, 
aged about thirty-eight years, deposed that about two years ago 
he and Tho. Ward were empowered by the selectmen of Hamp- 
ton to end a difference between Nathll. Boulter and the town, and 
to satisfy him in land for what he had recovered against the 
town. At the time appointed, Tho. Ward not coming on account 
of much rain and foul weather, they drew up a writing and signed 
it, later asking Goodman Ward to subscribe. Boulter desired 
the tract of land from the northeast corner of Robert Page's 
land to the northwest corner of Phillip Towle's land on a straight 
line, and all the common land down to the meadows to the south- 
ward of that line. To this proposition they consented. Sworn, 
14 : 2 : 1668, at Salisbury court. Copy made by Tho. Brad- 
bury,* rec. 

Robert Lord,* cleric, certified that Thomas Tewxbery appeared 
at Ipswich court, Sept. 30, 1673, according to a warrant and order 
of Salisbury court, by the advice, as he said, of Mr. Bradbury. 

* Autograph. 



1673] RECORDS AND FILES 243 

Summons, without date, to Ben Collis for appearance at Salis- 
bury court, Apr. 29. 1673, upon his presentment for entertaining 
several persons at his house at unseasonable time of the night in 
drinking, whereby other abusive carriages were committed, also 
to Robert Downer and Nat. Griffin, for fighting at Ben. Collis' 
(also, Collins) house, and to witnesses, Joseph True and Jno. 
Bradbury, signed by Tho. Bradbury,* for the court, and served 
by Hennery Browne,* constable of Salisbury, who notified all 
except Nathaniel Griffing, who could not be found. 

Georg Corlis' bill of cost. 

Copy of deed, dated Apr. 16, 1657, Josiah Cobham of Salis- 
bury, planter, to Edward Gove of Salisbury, bachelor, a right of 
commonage granted by the town of Salisbury. Wit: Samll. 
Hall and Joseph (his mark) Fletcher. Acknowledged, Apr. 14, 
1657, and recorded 24 : 12 : 1659. Copy made by Tho. Brad- 
bury,* rec. 

Deed, dated May 11, , Nath. Boulter,f of Hampton, in 

consideration of the right of Christopher Palmer of Hampton 
in a parcel of land mortgaged to said Palmer by Edward Colcord 
of Hampton, which land lay between the land of Philip Towell and 
Thomas Ward, both of Hampton, abutting upon the mill brook, 
as granted to William Howard, said land having been assigned 
by Palmer to Boulter, sold the half of his right in the upland 
and meadow which he bought of John Barret to said Palmer. 
Wit: Seaborne Cotton* and Dorothy Cotton.* Acknowledged, 
8:8: 1672, at Hampton court. 

Copy of the records of the selectmen of Hampton, Apr. 2, 1666, 
that "Ensigne Jn° Samborn Sam 11 Dalton & Tho: Ward are in- 
differently chosen by y e sd Select men & Nath 11 Boulter to veiue 
a certaine pcell of upland & to satisfie y* sd Nath 11 Boulter for 
his Execucon w ch hee haue against y 5 towne of Hampton; & 
to lay out & bound y e land to y 6 sd Nath 11 Boulter & to see to 
gett an acquittance of Him & wee giue them full power to satis- 
fie him for his judgm* or Execucon." Signed by Abraham Per- 
kins, Anthony Tayler, John Redman and Henry Dowe. Copy 
made by Tho. Bradbury,* rec. 

Receipt, dated Apr. 20, 1665, given by Thomas (his mark) 
King to John Seavornes of Saulsbery, for 81i. 5s. for the use of 
Nathaniell Boultor, of which Corporall Christ. Pamer's 20s. 
is some of it. Wit: John Samborne.* Sworn, 8:3: 1672, in 
Hampton court. Hudson Leverett deposed that he wrote the 
receipt and saw said King make his mark. Sworn at Boston, 
before Thomas Clarke,* commissioner. 

Bond, dated May 14, , William (his mark) Burns and 

Isaac Cole to Joseph , for 31i. 14s. 3d., to be paid in one 

barrel of pork, 20 bushels of Indian corn, 5 C. of nails, etc. Wit: 
Richard Marten* and Christifor (his mark) Cole. Sworn in court. 

* Autograph. t Autograph and seal. 



244 SALEM QUARTERLY COURT [Nov. 

Court held at Salem, 25 : 9 : 1673. 

The Worshipfull Major Hathorne adjourned the court to 
26 : 9 : 1673. 



Bond, dated Apr. 3, 1672, Ralph Hall* of Exeter to Henry 
Roby and Nathaniall Boultar of Hamton, for 6,000 pine boards 
at waterside. Wit: Jonathan Thing, jr.,* and Edward Gillman.* 
Sworn by the witnesses, 5:2: 1673, before Saml. Dalton,* 
commissioner. 

Samll. Dalton, Christopher Hussey, Samll. Fogg, Giles Fuller, 
Willi. Fuller and Nathll. Batcheller, having been present at a 
meeting of the selectmen of Hampton, Mar. 2, 1664-5, testified, 
3:1: 1664-5, that Jno. Redman and Ensigne Jno. Samborn ; 
attorneys for the town of Hampton, had a conference with Nathll. 
Boulter, and they agreed to take the cause to the Court of Assist- 
ants, that the title of the land might be determined in a legal 
way. Jno. Redman and Jno. Samborn deposed that they were 
present, etc. Copy made by Edw. Rawson, secretary, and a 
copy of this copy taken from Salisbury court records by Tho. 
Bradbury,* rec. 

Ric. Pettingell, aged about fifty-two years, deposed that 
"I being very well acquainted w th Giles Fuller of Hampton de- 
ceased & w th m r Fuller of Bastable docter, both in old England & 
here in new england & both told mee they were of Kinn: & y e 
sd Giles Fuller haue told mee in old England & new that Marth. 
Fuller Docter now of Bastable was y e nearest Kinsman hee had." 
Sworn, 14 : 8 : 1673, in Hampton court. Copy made by Tho. 
Bradbury,* rec. 

Jonathan Thing, jr., Miriam King and Joanna Thing deposed 
that when the account was made up between Thomas King and 
Nath. Boulter, which was specified on the back of the bill, dated 
Oct. 27, 1661, under said Boulter's hand, it was made the winter 
before Tho. King died, being in the month of November, etc. 
Sworn, 5:2: 1673, before Samuell Dalton,* commissioner. 

Henry Roby and Jonathan Thing deposed that they had seen 
hay on the meadow, commonly called James Wall's farm, lying 
toward Salisbury from Exiter, and that Wall had possession of it 
sixteen or seventeen years ago. Sworn at Hampton court, 
13 : 8 : 1663, and copy made by Tho. Bradbury,* recorder. 

John Colby testified that he heard Gorg Marten tell Abraham 
Drake that he had tendered him land to be appraised as money 
in satisfaction of an execution of Nathanel Winslew's, and Drake 
said he knew that he had, but that was not money. This was 
at Amsbery when Drake was going to carry Marten to prison. 
Sworn, Apr. 8, 1673, at Salisbury court. 

* Autograph. 



1673] records and files 245 

Court held at Salem, 26 : 9 : 1673, by adjournment. 

Judges: Mr. Samll. Simonds, Deputy Govr., Major Daniell 
Denison and Major Wm. Hathorne. 

Grand jury: Mr. John Ruck, Tho. Fuller, sr., Samll. Ebborne, 
sr., Frances Skerry, Jon. Ingersoll, Edw. Flint, Tho. Bishop, 
Tho. Patch, Wm. Griggs, Robert Hibbert, Mr. Thaddeus Riddan, 
Richard More, Jon. Pearson, Andrew Mansfield and Tho. Farrer. 

Jury of trials : Nathaniell Putnam, Mr. John Grafton, Edward 
Woolan, Tho. Jeggells, John Procter, John West, Jon. Bachelor, 
Richd. Norman, Theophilus Baily, Joseph Mansfeild, Samll. 
Johnson and Ezekiell Needham. 

Wm. Beale and Martha, his wife v. George Bonfeild and Re- 
becka, his wife, in behalf of themselves and children. Slander. 
Withdrawn.* 

James Browne v. John Fiske. Debt. Verdict for plaintiff.f 

*Writ: William Beale, and wife Martha v. George Bonfield, 
and wife Rebecka; slander, for themselves and their children 
maliciously raising and commonly reporting several pernicious 
and false slanders on him and Martha, his wife, on set purpose 
to provoke them; dated 17 : 9 : 1673; signed by Hilliard Veren,J 
for the court; and served by Henry Skerry, | marshal of Salem, 
by attachment of house and land of defendant. 

fWrit: James Browne, sr. v. John Fisk; debt, for glass made 
for said Fisk; dated Nov. 18, 1673; signed by Hilliard Veren,t 
for the court; and served by Henry Skerry, jr., J deputy for 
Henry Skerry, J marshal of Salem, by attachment of house and 
land of defendant. 

James Browne's bill of cost, Hi. 12s. 

Anne Brown, aged about fifteen years, deposed that when her 
father Brown and John Fiske, made up their accounts, she heard 
Fiske say that he owed her father 81i. yet in money for the meet- 
ing house glass for Salem. Sworn in court. 

An account of the glass for the meeting house, 424 feet, which 
came to 201i. 6s. 4d. 

Samuel Brown, aged about seventeen years, deposed that he 
made and set up all the glass that his father James Brown en- 
gaged to put into the meeting house in Salem. Sworn in court. 

Letter of attorney, dated 24 : 9 : 1673, given by James BrowneJ 
of Salem, glazier, to his loving wife Sara, to prosecute against 
John Fiske of Wenham, Wit: John Pacht,| Sarah (her mark) 
P and Samuell Williams, t 

Agreement, dated 16 : 7 : 1672, between Sergant James BrowneJ 
of Salem and John Fiske| of Wenham, carpenter, that said Browne 

t Autograph. 



246 SALEM QUARTERLY COURT [Nov. 

John Perkins v. Tho. Newman. Trespass. Withdrawn. 
Court remits the entry of this action. 

Margeritt Bishop, executrix of the estate of Tho. Bishop v. 
Hugh Allard. Debt. Verdict for plaintiff. To be paid in 
merchantable fish.* 

Capt. Paule White v. Edw. Lilly. For withholding, a debt 
due for staves, heading, etc. Withdrawn.! 

Mr. Moses Maverick v. Wm. Gover. Debt. Nonsuited. J 

Mr. Moses Maverick v. Walter Boaston. Debt. Nonsuited.§ 

was to make all the glass for the new meeting house by the foot, 
at 11 l-2d. per foot, and put it up within six weeks; said Fiske 
was to pay in silver, 51i. in hand, 51i. when half set up, and the 
remainder when finished. Wit: Saml. Browne|| and John Fiske. || 

*Writ: Margrett Bishop, executrix of the estate of Thomas 
Bishop v. Hugh Allward; debt; dated Nov. 4, 1673; signed by 
Robert Lord,|| for the court; and served by Michall Endell,|| 
constable of the Isle of Shoals, who left a copy of the attachment 
at his house. 

Bond, dated Dec. 20, 1667, Hugh Allward || of the He of Sholes, 
fisherman, to Thomas Bishop of Ipswich, for 371i. 15s. 9d., to be 
paid in cod fish fit to be shipped aboard at the next weighing 
season before June 20; this was for provisions received of said 
Thomas. Wit: Nath. Wellsj | and Theophilus Wilson. || Sworn 
by Theophilus Wilson, Nov. 24, 1673, before Daniel Denison.|| 
Thomas Bishop, attorney, testified to the same, 25 : 9 : 1673, 
before Hilliard Veren,|| cleric. 

Bill of cost against Hugh Alward, Hi. 6s. 3d. 

Letter of attorney, dated Nov. 24, 1673, given by Margaret 
(her mark) Bishop of Ipswich, widow, executrix of the estate 
of Thomas Bishop, late of Ipswich, to her son Thomas Bishop. 
Wit: Theophilus Wilson || and Nathaniel Warner. || Sworn, 
Nov. 24, 1673, before Daniel Denison.|| 

tWrit: Capt. Paul White of Newbery v. Mr. Edward Lillie 
of Boston; for withholding a debt due for staves and heading; 
dated Oct. 31, 1673; signed by Nath. Saltonstall,|| for the court; 
and served by Rich. Wayte,|| marshal of Suffolk. Bond of 
Edward Lillie. 1 1 

JWrit, dated Nov. 10, 1673, signed by Moses Maverick, || for the 
court, and served by William Browne, 1 1 constable of Marblehead. 

§Writ: Moses Mavericke v. Walter Boatson; debt; dated 
Nov. 10, 1673; signed by Moses Maverick, 1 1 for the court. No 
return made. Greffin (his mark) Joanes and William (his mark) 
Pow gave bond to Benjamin Felton, keeper of the prison at 
Salem, for Boatson's appearance. 

|| Autograph. 



1673] RECORDS AND FILES 247 

Mr. Christopher Lattamore v. Hen. Frood. Debt. Verdict 
for plaintiff.* 

Mr. Christopher Lattamore v. Robert Pike. Debt. Verdict 
for plaintiff.f 

Sam. Williams v. Joseph Studly. Debt. Verdict for plaintiff. J 



Walter Bosen's bill of cost against Mr. Samll. Maverick, to 
loss of voyage in not going fishing, etc., 12s. 

♦Writ, dated Oct. 27, 1673, signed by Hilliard Veren,§ for the 
court, and served by Robart Bartlett,§ constable of Marblehead. 

Bond, for Henry Frood's appearance, dated Oct. 31, , signed 

by Thomas Powell.§ Wit: Samuell Cheever§ and Lydia Rob- 
erts.! 

Tho. Powell's bill of cost, 12s. 

Humphry Deverix, aged about eighteen years, deposed that he 
helped Thomas Powell carry a parcel of beef to Mr. Latemor 
upon account of Henry Frude, and he refused it and would not 
give it house room. 

Robert Bortlet testified that Mr. Lattemor and Mr. Pitt 
acknowledged that the beef was tendered, etc. Sworn in court. 

Henery Frood of Marblehead, Dr., to balance, Nov. 22, 1672, 
£1. 9s. 9 l-2d.; 4 qts. of sider, Is. 2d.; Nov. 27, Brandy, Is.; 
Malligo, 14d., Beare, 4d., sider, 7d., Beare, 4d., 2s. 5d.; Brandy 
Beare & Sider, Is. 5d. ; Dec. 6, Brandy, wine & Sider, 2s. 3 l-2d. ; 
Dec. 9, Brandy, sider, wine, Is. lid.; Dec. 18, wine & beare, 2s. 
8d.; Dec. 20, wine, 2s. 8d.; Dec. 25, wine & beare, Is. 5d.; Jan. 
28, wine, bear & sider, Is. 10d.; Feb. 3, Malligo wine, Brandy & 
bere, 2s.; Feb. 8, Sugar, beere, wine, 2s. lid.; Mar. 12, brandy, 
beere & wine, 3s.; Mar. 26, 1673, wine & bere, Is. 4d.; Apr. 11, 
Brandy & wine, Is. 6d.; Apr. 14, wine, sider & bere, 2s.; bear, 
2d.; wine, 3s. 4d.; total, £3. 3s. lOd. William Pitts swore at 
Salem court that this was a true account taken out of Christopher 
Latamor's book, which book he kept. 

fWrit, dated Oct. 27, 1673, signed by Hilliard Veren,§ for the 
court, and served by Robart Bartlett,§ constable of Marblehead. 
Bond of Thomas (his mark) Bowin. 

Christopher Lattimore's bill of cost, Hi. 3s. 8d. 

Robertt Peke, for wine, beer, cider, brandy, white wine, wine 
sugared, vinegar, sherry, Madera, hooks, rope and mackrell, from 
May 18, 1672 to Oct. 25, 1673, lOli. 16s. 3d. By balance, 5s., by 
fish at 31s., Hi. lis.; by mony received, 8s.; by Barrlls. Mackrell, 
Hi.; total, 31i. 12s. Sworn to by William Pitts in Salem court. 

t Writ, dated 14 : 9 : 1673, signed by Hilliard Veren,§ for the 
court, and served by Rich. Wayte,§ marshal of Boston. Bond 
of Joseph (his mark) Studley and Timothy Prat.§ 

§ Autograph. 



248 SALEM QUARTERLY COURT [Nov. 

Capt. George Corwin v. Elias White. Debt. Verdict for 
plaintiff.* 

Capt. George Corwin v. Steven Haskett. Debt. Verdict for 

plaintiff, t 

Capt. George Corwin v. Hen. Trivet. Debt. Withdrawn. J 
Capt. George Corwin v. Richard Sutten. Debt. Withdrawn. 
Capt. George Corwin v. Antho. Ashby. Debt. Withdrawn.§ 
Capt. Corwin v. Wm. Dodge, tertius. Debt. Withdrawn. 1 1 
John Godfery v. Edw. Clearke. Debt. Verdict for plain- 

tiff.1I 



Samuell Williams' bill of cost, Hi. 4s. 

Letter of attorney, dated Nov. 26, 1673, given by Joseph (his 
mark) Studley** of Boston, cooper, to Mr. John Williams of 
Boston, at present at Salem. Wit: Timothy Prat,ff Willm. 
Howard,ft scribe, and John Priscott.ft Sworn by said Prat and 
Prescott, 26 : 9 : 1673, before Thomas Clarke,ft commissioner. 

Mathew Price, aged about forty-five years, deposed that about 
July 25 last, while Joseph Studley lived with Samuell Williames 
as a journeyman, said Studley desired deponent to take up of 
his master Williames stuff to make him a suit of clothes. He 
accordingly took 8 1-2 yeards of serge and linings for coat and 
breeches and 12d. money and made the clothes for said Studly 
and said Williames paid him for making them. Sworn in court. 

*Writ, dated 17 : 9 : 1673, signed by Hilliard Veren,ff for the 
court, and served by Henry Skerry,ft marshal of Salem, by at- 
tachment of the house of defendant. 

Elias White's bill of cost, Hi. 2s. 6d. 

fWrit, dated Nov. 18, 1673, signed by Hilliard Veren,ff for the 
court, and served by Henery Skerry,ft marshal of Salem, by 
attachment of the land upon which his house stands. 

Steeven Haskott's bill of cost, Hi. 7s. 6d. 

J Writ, dated 17 : 9 : 1673, signed by Hilliard Veren.ff for the 
court, and served by Henry Skerry,|f marshal of Salem, by 
attachment of the house and land of defendant. 

§Writ, dated 3:9: 1673, signed by Hilliard Veren,ff for the 
court, and served by Shu. Walker,ff deputy for Henry Skerry,ff 
marshal of Salem, by attachment of the house and land of de- 
fendant. John Griffen mentioned. 

|| Writ, dated 8:9: 1673, signed by Hilliard Veren,ft for the 
court, and served by Henry Skerry,ff marshal of Salem, by at- 
tachment of house and land of defendant. 

H Writ, dated Oct. 2, 1673, signed by Anthony Somerby,ft 
for the court, and served by Robert Lord,ff marshal of Ipswich, 
by attachment of defendant's house and land in Haverhill. 

** Autograph and seal. tt Autograph. 



1673] RECORDS AND FILES 249 

Edward Bridges acknowledged judgment to John Perkins, sr. 

Hen. Salter, for breaking Ipswich prison and running away, 
was sentenced to be whipped, which was executed.* 

Jacob Rowell, for being instrumental in said Salter's breaking 
prison and running away with him, was sentenced to be whipped, 
but upon the intercession of some friends, this sentence was 
remitted to a fine. 

Richd. Croye, for beating and abusing Mathew Hooker and 
John Sever, was sentenced to be whipped, but the court finally 
took off this sentence, said Croye paying a fine.f 

John Godfre's bill of cost, 21i. 7s. 

Bond, dated Apr. 21, 1670, given by Edward Clarke^ of Haver- 
hill to John Godfrey, said Godfrey having acquitted Clarke of all 
previous indebtedness, for 131i. 10s. in Indian corn, said Clark 
offering his dwelling house as security. Wit: John BurbankJ 
and Tho. Wasse.| Sworn to by John Burbank and Abraham 
Whittaker, in Salem court. 

* Warrant, dated Oct. 9, 1673, to the keeper of the prison in 
Ipswich, signed by Daniel Denison,J to take into his custody 
Henry Salter and Jacob Rowel, who stand committed for break- 
ing the prison and running away from their masters, and one of 
them at least for stealing. 

Due to Theophilus Wilson,! keeper of the prison at Ipswich, 
1673: for Henry Psalter's imprisonment eight weeks, Hi.; turn- 
ing the key, 5s. ; putting the fetters on and off, 2s. ; for two men 
tending him a day, 3s.; for bringing him to Salem prison, 3s.; 
for f erage, 6d. ; for keeping and sending him from Salem prison, 5s . 

f Marthew Hooker deposed that Richard Craw came into his 
house and said his stomach ached and threw himself upon the 
bed where there was a glass bottle with about a pint and a half 
of liquor in it. Said Hooker and his wife went out of doors and 
when they returned Craw had gone and there was but a gill of 
liquor left in the bottle. Hooker went to Craw's house and 
asked him why he drank the liquor, which did not belong to 
deponent, and he denied that he had drunk it. Later John 
Severit came in and asked him why he drank his liquor and he 
said he did not touch the bottle. Severit replied that the liquor 
was gone the same way as the rest of his things, and went into his 
own room. Craw followed him, pulled off the bed clothes, dragged 
Severit by the hair, struck him several blows on the face, threw 
him on the floor and punched him several times with his knees. 
Then he struck said Hooker on the head with a tobacco trencher 
and dazed him so that he fell into the fire and Craw kept him 
there until Severit pulled him by the coat to drag him off. Craw 

t Autograph. 



250 SALEM QUARTERLY COURT [NOV. 

John Stanwood, for suspicion of committing fornication with 
Xtian Marshman, he having been accused by her, that she was 
with child by him and he denying it, said Stanwood was com- 
mitted to prison until he gave in security for 501i. for appearance 
at the next Ipswich court.* 

Christian Marshman, owning the charge, was sentenced to be 
whipped, which was executed. 

Mr. John Hathorne, having found upon search made, a pair 
of tongs and a kettle, and he testifying that they were his goods, 
court ordered them to be delivered to said Hathorne, and Tho. 
Laighton and the widow Taylor, in whose custody they were 
found were ordered to pay charges.f 

dragged Hooper out of the fire by the hair and scratched him 
on the face. This happened on the last Thanksgiving day. 
Sworn, Nov. 22, 1672, before Daniel Denison.J 

Warrant, dated Nov. 22, 1673, to the keeper of the prison at 
Ipswich for arrest of Richard Craw, signed by Daniel Denison.J 

Due to Theophilus Wilson for Richard Croye: for turning the 
key, 5s.; for his diet, 2s. 6d.; for being apprehended and bring- 
ing him to Salem, 3s. ; for ferage, 6d. 

*Clement Coldom, aged about fifty years, deposed that in 
July last at Mr. Emerson's house, he saw John Stainwood and 
Cristian Marshman together outdoors "by the Ching on the 
est end," and he was kissing her, so that deponent concluded 
that he was a suitor to her. Also Stainwood told him once that 
that she was a gallant singer and that he had heared her sing 
many times. Deponent also said that on Sept. 10, he saw them 
together, he on horseback and she afoot. Sworn in court. 

f Search warrant, dated 26 : 9 : 1673, to the constable of 
Lyn, for a kettle and a pair of tongs lately stolen from Mr. John 
Hathorn's house, signed by Hilliard Veren,| cleric, and returned 
by William Crofts, J constable of Lyn, who had taken a pair of 
tongs from Thomas Laughton which John Hathorne owned to be 
his, and a small kettle from widow Taylor, where he found one 
Joseph Farr, her servant, said Farr and Laughton promising to 
appear in court; Crofts made John Hathorne his deputy. 

John Hathorne and Ebenezar Hathorne, his son, testified that 
the articles were those which had been stolen from said Hathorne. 
Sworn in court. 

John Clarke, son of William Clarke of Lynn, testified that 
sometime in the summer of 1672, he saw an Indian in widow 
Taylor's of Lynn with a small iron kettle. She asked him if 
he would sell the kettle and he said he would for 2s. She said 

J Autograph. 



1673] RECORDS AND FILES 251 

Abraham Whittaker was allowed costs against Mr. Wood- 
bridge, who did not prosecute 

There being a verdict of a jury of inquest returned from Lynn 
upon a dead man cast up by the sea, to which they all gave oath 
in court, except Wm. Croft, Nathaniell Ballard and Joseph 
Collens, who were fined for non-appearance.* 

The willf and inventory of Elizabeth Mansfeild, widow, de- 
ceased, were proved and allowed. 

it was too much, but he said it was a good one and he had chosen 
it out of twenty, so she gave him his price. Sworn in court. 

Elesibeth Ran and Rebekee Laten, aged about twenty-three 
years, deposed that they saw Thomas Davis, smith, sell Thomas 
Latan a pair of tongs, etc. Sworn in court. 

Samuell Mansfeild, aged upward of nineteen years, deposed 
that the kettle he saw the Indian sell, had not been used. 

*Return of a jury of inquest, dated July 8, 1673, appointed 
to view a body lying upon the beach in Mr. King's farm, which 
which had been cast up by the tide. The man had on a pair of 
gray breeches, a leather apron, and old red drawers, and had 
reddish hair. He had also a knife with a white helf and a pair 
of russet shoes with French heels, and "we see him buryed." 
Signed by Jacob Knight, J Nathanyell Ballard, J Samuell Johnson, | 
Mathew Farrington,J John Nueall,| Samvell Hartt,t Joseph 
Collines,J Samvell Tarbox,| William Crofts, t Crispas Brewer, J 
Ralph Kingt and Thomas (his mark) Farar. 

t Will of Elizabeth (her mark) Mansfeild § of Lyn, dated 20 : 
2 : 1667, and proved 26 : 9 : 1672, in Salem court: "I bequeath 
to my Sonn Joseph Mansfeild my Bed which I usually ly upon 
with all appurtenances belonginge unto it and foure paire 
of sheetes and all the housinge and Lands and the three Acres 
of Land that my husband Bought of John Deacon which lyeth 
in the necke By John Ramsdells and all the meadow that was 
my husbands. I will that my Daughter Elizabeth Tomsone 
haue my Broadcloath Gowne and some small Linnen and my 
hood and coat and to my Grandchild Elizabeth Mansfeild I 
giue my kearsey Gowne and Pettycoat of stuffe and to my Grand- 
child Deborah Mansfeild my sonn Josephs Daughter one yeard 
of Holland and to my Grand child John Mansfeild the first calfe 
that liueth of the Heiffer that is in my sonn Joseph Mansfeilds 
hand and to my Grandchild Joseph Mansfeild the heiffer. I 
bequeath to my sonn Joseph Mansfeild all the rest of my moua- 
ble goods and grasse or what soever was my husbands. I be- 
queath alsoe to my sonn Joseph a Greene shaged Rugg which 
did not Belonge to that Bed which my Husband and my seulfe 

t Autograph. § Seal 



252 SALEM QUARTERLY COURT [Nov. 

Whereas Hannah, the reputed wife of Thomas Herrick, at the 
last Ipswich court, preferred an account against said Thomas, 
accusing him of impotency, after some deliberation and testi- 
mony, court adjudged said marriage between said Thomas Her- 
rick and Hannah Ordaway null and void. She was given her 
liberty as if such pretended marriage had never been, and he 
was to return to said Hannah as much as he had received of her, 
or of her father or other friends in way of marriage portion; she 
was to make no further claim to his estate. 

Thomas Robinson, presented for stealing linen and money 
from An Roundy, she having received her linen, was to pay treble 
damages, and for his offence to the country was sentenced to be 
whipped or pay 40s. in money. He paid the fine and was not 
corporally punished. 

The town of Beverly, presented for defect of a highway between 
Tho. Chub's and Robt. Hibbert's, court appointed Mr. Hen. 
Bartholmew of Salem and Tho. Fisk of Wenham, to view and 
lay out the way where it may be best and most convenient near 
the place where it is, and Beverly was to appoint one or more, 
and they were to report to the next Salem court, the date of 
viewing to be appointed by Mr. Hen. Bartholmew. 

did use to ly upon : And alsoe I will unto my sonn Joseph all the 
Grasse that doeth Grown of six Acres of marsh six mounthes 
after my decease which my husband did giue to my sonn Andrew 
Mansfeild in a Deed of Gift to him to be his owne for ever six 
mounthes after the decease of my husband and my seulfe Alsoe 
I bequeath to my sonn Joseph all my debtes And alsoe I doe 
make my sonn Joseph Mansfeild my true and Lawfull executor 
alsoe my will is That Mr. Thomas Laughton and Capt. Thomes 
Marshall bee my overseers." Wit: Nathanill Kirtland* and 
Samvell Hartt.* 

Inventory of the estate of Elizebeth Mansfeild, aged about 
eighty-seven years, who died about Sept. 6, 1673, taken by Nath- 
anill Kirtland* and Henery Rhodes :* Wollen Aparell, 41i. ; shetes 
41i.; small Linen, 21i. 10s.; bookes, Hi. 5s.; mony, Hi. 10s. 
beding, 71i. 10s.; bedsted, tabell, stolles and cheres, 21i. 10s. 
a whelle and Lumber, Hi. 5s.; Pottes and ould Eyron, 21i. 12s. 
Pewter, Hi.; 32 bushells of Indian Corne, 41i. 16s.; 4 Cowes, 
121i.; one small beast, 21i. ; 13 accors of Medow, 651i. ; one Accor 
and a halfe of fresh medow, 31i. ; seven Accors of upland, 371i. 
10s. ; 3 Accors & a half of upland Lying in common, 81i. ; hows- 

* Autograph. 



1673] RECORDS AND FILES 253 

Robert Stephens and his wife, presented for fornication before 
marriage, the former was sentenced to be whipped or pay a fine, 
which fine of 41i. he paid. His wife did not appear, and was 
ordered to appear at the next Ipswich court. 

Whereas there was an order of the last Salem court to refer 
to a committee, Mr. Ed. Batter and Mr. Hen. Bartholmew of 
Salem, Mr. Moses Maverick and Leift. Ward of Marblehead, 
and Mr. Leighton of Lyn, the viewing of a highway between 
Marblehead and Lyn, and to report at this court, the same has 
not been done. Court being desired that a way there may be 
settled, ordered that said committee or the major part of them, 
provided the two gentlemen of Salem be of the number, make 
their return to the Worshipful Major Wm. Hathorn within 
fourteen days next, and that none of Lyn be concerned in what 
relates to Mr. Ralph King's charge about the old way. 

Court remitted 6s. of Wm. Bartoll's fine. 

There being a nuncupative will of Josiah Walton presented, 
and attested by two witnesses, it was allowed, and Mrs. Eliza- 
beth Walton, his mother, was appointed administratrix. An 
inventory,* which was brought in, was also allowed. 



sing, 101i.; 13 Load of hay, lOli. ; flaxe and frute, 21i. 10s; Detes, 
21i.; total, 1841i. 18s. 

*Inventory of the estate of Josiah Waltown, deceased, taken 
Nov. 4, 1673, by Samll. Wardf and James Dennesrf so much 
paid in part of his father's dept., 211i. 4s. lOd. ; what his father 
left him, 301i. ; due him from Robert Bartlett, 201L; from John 
Furbish, 61i. 13s.; from Nickolas Meritt, Hi.; from John Pedrick, 
10s. 6d.; from Richard Clatterie and Joseph Doliver, 21i. ; from 
Mr. William Brown, sr., 71i. 10s.; from Mr. Fich of Boston, 
Hi. 3s.; due from Mr. William Brown, jr., for his part of a fish- 
ing voyage, ; due from Captain Smith, 10s.; 1 hors, 51i. ; 

2 guns, 21i.; 1 Cow, 31i. 10s.; heifer, 40s.; 1 yearling, 25s.; 8 
yards of linen Cloth at 3s. pr. yd., Hi. 4s.; 13 yds. of linen at 
21d. pr. yd., Hi. 2s. 9d.; 2 1-2 yd. of sarg at 5s. pr. yd., 12s. 6d.; 
Curtins and vallins, 21i.; 1 Small rugg, 14s.; waring Cloths, 
21i. 10s.; 1 quadrant and other instruments, 19s.; 1 Coper ax, 
1 adz and saw, 12s. 

Samuell Cheever,f Moses Maverickef and James Dennesf 
testified that "being present with Josiah Walthom when he was 
brought in first from Sea after his wound by the lightning, on 
June 23, 1673, affirme & declare that upon the Companys mo- 

t Autograph. 



254 SALEM QUARTERLY COURT [Nov. 

Nicholas Wallingford and James Travis were appointed ad- 
ministrators of the estate of the widow Window, and were to 
fulfill the mind and will of the deceased according to testimony 
brought in. An inventory was brought in and allowed.* 

John Balden dying intestate, Arabella, the relict, brought in 
an inventoryf and it was allowed, court granting her power of 
administration. 

tion to y s d Josiah Waltom that he would setle his estate He 
y* 5 s d Josiah Waltom being of perfect memory and apprehensive 
of his dissolution, did declare that his Will was that his Brother 
Nathaniell Waltom, and his sister Martha Munjoy should have 
his grey horse for their owne betwixt them, and his other estate 
he gave it to his Mother Walthom, for her use, & benefit during 
her naturall life, and after her decease to be disposed off by her, 
and divided among his brothers Nathaniell & Samuell Walthom 
and his three sisters, Martha Munjoy, Elizabeth Conant and 
Mary Bartlett to enjoy an equall part, all alike, saving that 
his sister Munjoy should have the better part, and that y° 
land should not go out of y e name of y 6 Waltoms." Sworn in 
court. 

*Mr. Samuel Worcester and Elizabeth, his wife, testified that 
"within two or three dayes before the death of the Widdow Win- 
dow, wee heard her declare that her will, as to her disposall of 
w* estate she had, was that her son in Law Nicolas Wallington, 
who ought her forty shillings, giveing to his son John Wallington 
an Ewe lamb out of it should have the rest of the said 
forty shillings; and that her Grandchild Sarah Wallington 
should have her best coat; and that her son James Traves 
should have her bed; and that the rest of her estate should be 
equally divided between her son: Nicolas Wallington & James 
Traves." SwornNov. 25, 1673, before Nath. Saltonstall,t com- 
missioner. 

Inventory of the estate of Bridgit Window, appraised Oct. 9, 
1673, by Samuell Wosester and John Tenny: Wearing apraill, 
71i. 6s. 8d.; silks and lining, 31i. 12s. 10d.; Beding, 41i. 2s. 6d. ; 
household stuf, 71i. 5s. Id.; dets, 31i. 14s.; total, 261i. Is. Id. 
Debts to be paid out of the estate for her funeral, 19s. 9d. ; other 
debts, Hi. 4s. 6d.; to Nicholas Walinton for 2 days, 4s.; wit- 
nesses, 4s.; total, Hi. 12s. 3d. 

•{■Inventory of the estate of John Balding, appraised by Nath- 
aniell Pickmant and Francis Collinges: One dwlling howes & 
lande, 601i.; one Cubarde, 21i. 10s.; thre bufett chaiers, 12s. ; 
thre Twin chaiers, 7s. 6d.; one Bedstede and bedmatt, Hi. 2s.; 
one small table and drayer, 7s.; one wainskott chest, 8s., one 

X Autograph. 



1673] RECORDS AND FILES 255 

Administration upon the estate of Nicholas Patch to John 
and Thomas Patch, sons of deceased, who died intestate, and the 
sons presenting an agreement of the division of the estate, it was 
allowed. * 

Mr. Charles Nicholats, Mr. Baily, Nicholas Woodbery, John 
Mastone, Eleazer Gedney and Thomas Jeggells took the oath 
of freeman. 

Walter Boasten acknowledged judgment to Mr. William 
Browne, sr. 

Richard Hutten and Mark Graves acknowledged judgment 
to Capt. Walter Price. 

The following acknowledged judgment to Capt. George Cor- 
win: Bray Wilkins, William Gover, Richard Sutten, Richd. 
Brabrooke, Abner Ordwaye, Frances Collens, William Smith, 
Allester Greime, Wm. Dodg, tertius, Mr. Jon. Hathorn of Lin, 
Jon. Alford, Charles Gott and Tho. Hobbs. 

Capt. Marshall had his former license renewed. 

Capt. Paule White had his former license renewed for drawing 
strong water. 

Mr. John Ruck, Mr. Wm. Browne, sr., Mr. Ed. Batter, Capt. 
George Corwin, Capt. Walter Price, Mr. Hen. Bartholomew, 
John Procter, Mr. John Gidney, Mr. Jonathan Corwin, Mr. 
Bartholmew Gedney and Mr. Thaddeus Riddan had their licenses 
renewed for the ensuing year for retailing strongwaters. 



Iron pottangere, 4s.; total, 651i. 10s. 6d. Sevn puter platters 
and other small dishes, 211. 10s.; one brass kettell and one Iron 
pott & one warming pan, Hi. 15s.; one Beed & furnitur, 81i. 3s.; 
total, 1211. 8s. Indebted to several men, 501i. 

* Inventory of the estate of Nicolas Patch of Beverley, de- 
ceased, and the dividing thereof between his two sons John 
Patch and Thomas Patch, by mutual agreement: To John Patch, 
four acres of meadow by the Dodge's farm, two acres by Long- 
ham and one acre adjoining Capt. Lothrop's by Samuell Com- 
ing's farm, and also four acres, the house and land with the or- 
chard, except one acre which Thomas Patch was to have for 
himself and children to make use of as he or they shall see cause, 
but not to sell it to anybody away from his brother, and for 
what improvement is made, John Patch should allow his brother. 
To Thomas Patch fourteen acres of upland and five acres of 
meadow, one cow and three young cattle; and the household 
stuff between them. Sworn in court. 



256 SALEM QUARTERLY COURT [Nov. 

The servants of Mr. Gardner's house had 8s. allowed them, and 
the maid where Mr. Simonds, Dept. Govr., lodged was allowed 
2s. 

Henry Trivett, aged about fifty years, deposed that the land 
where Mr. Lattamore's house now stands, was fenced in twenty- 
four years ago and planted by deponent and Mr. Pitt's man, 
and he had known a house inhabited upon the same land twenty- 
six years ago. He further deposed that he had lived in the town 
of Marblehead upward of twenty-six years, had cut firewood and 
timber, kept hogs and cattle for his own use on that tract of land 
called the town common without molestation by any during 
twenty-one years, etc. Sworn 28 : 1 : 1674, before Wm. Hath- 
orne, assistant.* 

*Richard Norman, aged about fifty years, and John Legge, 
aged about twenty-nine years, deposed that the men appointed 
by the commoners at Marblehead to look after those who tres- 
passed on the commons asked Mr. Christopher Latamore what 
cattle he had there the year past, and deponents heard him 
answer that he would give no account. Sworn, 19 : 1 : 1673-4, 
before Wm. Hathorne,f assistant. 

Inventory | of the estate of Jno. Humphreys, Esqr., deceased, 
taken, July 3, 1663, by Henry (his mark) Collince and Thomas 
(his mark) Farrar, and allowed July 3, 1663, in Salem court, as 
presented by Edmond Batter and Mr. Joseph Humphreys: 
One farme contayninge one dwellinge house, upland and nine 
Acres of Salt Marsh in ye hands of Robert Ingles of Lyne, 2801i. ; 
six Acres salt Marsh in Rumney Marsh late in the possession of 
Richard Jnoson of Lyne, 301i.; total, 3101i. Received of the 
widow Davis of Lyne for Jenken Davis fine and so a full dis- 
charge, 201i.; of Jno. Hudson, for fine to Mr. Humphreys, 2011. ; 
in the hands of Robt. Ingles in consideration for a barn to make 
good, 271i.; total, 3771i. 

Account§ of Jno. Humphry's estate, presented to the Salem 
court, 28 : 9 : 1671, and allowed upon oath of Edmund Batter :f 
Dr. to what he disbursed to Mr. Joseph Humphreys before he 
went to England, 351i. 16s. 8d.; to Jno. Floyd for fencing salt 
marsh, 7s.; to Andrew Mansfield for labor about viewing the 
fences, 6s. 8d.; to Edward Richards for his paynes & Charges 
for helping to Inquere out the estate, 51i.; to Mr. Jno. Lake of 
Boston, 171i. 9d.; to old Mrs. Rucke for old expences, Hi. 14s. 
Id.; to Robt. Rane for buildinge of Barne and abatement of 
Rent, 3011. ; to Rich. Hude for Repareinge of dwellinge house, 
3111. 6s. 10d.; to Mr. Helliard Veren for drawing 2 leases, 5s.; 

t Autograph. X See ante vol. iii, p. 81. § See ante, vol. iv, p. 449. 



1673] RECORDS AND FILES 257 

Mary Trivett, aged about forty-five years, deposed that twenty- 
three years ago the land where Mr. Latteinore's old house is 
now standing, etc. She had known the land where Mr. Latta- 
more now lives, occupied by a dwelling house for twenty-three 
years, and she was Mr. Pitts' servant in it, etc. Sworn, 28 : 
1 : 1674, before William Hathorne, assistant. 

An Warrent, aged about seventy years, deposed that her 
husband Frances Linsford and herself planted Mr. Lattamore's 
lot, about twenty-two years since, that very place where the 
house stands. Sworn, 18 : 1 : 1673-4, before Wm. Hathorne, 
assistant. 

to interest of money to the value neare of 601i. for seaven years 
past, 151i.; to his care and paynes the 7 years past, 101i.; total, 
1461i. 17s. Cr., p what has been received from Robt. Rane for 
4 years Rent, 401i. ; what has been received from Richard Hude 
for three years Rent, 311L; total, 711i. 

Account of what Mr. Joseph Humphrys received out of the 
estate while in New England: By Mr. Jno. Hudson of New 
Haven, 221i. ; what he Reed of the Relict of Jenken Davis, 201i. ; 
Francis Ingles pd. to Mr. Jno. Hathorn, 51i.; to Mr. Whitrige of 
Lyne, 101i.; to Edmund Batter, lOli. ; reed of Edmund Batter, 
351i. 16s. 8d.; per Jno. Lake of Boston pd. by Ed. Batter 171i. 9d. ; 
wt. he Received of Mr. Jno. Gedney for a small psell of land sold 
him in Salem, 21i. 10s.; total, 1221i. 7s. 5d. 

Writ: John Hathorne v. Peter Joye; debt, due by obligation 
under his hand, it being said Hathorne's proper debt, although 
the obligation was made to Samuell Archard, then marshal of 
Salem, and by him assigned to John Hathorne; dated Nov. 8, 
1673; signed by John Fuller,* for the court; and served by 
Henry Skerry,* marshal of Salem, by attachment of a chest and 
box of defendant's. 

Writ: Francis Godlar v. Thomas Chubb; debt, for a cow; 
dated Oct. 24, 1673; signed by Moses Mavericke,* for the court; 
and served by John Lovet,* constable of Beverly. 

W T rit: Deacon Stevens, in behalf of the town of Gloster v. 
Thomas Very; for non-payment of rates due to Mr. John Emer- 
son; dated Nov. 13, 1673; signed by Thomas Riggs,* for the 
court; and served by William Sargant,* constable of Gloster, 
by attachment of a cow of defendant's. 

Writ: Deacon Stevens, in behalf of the town of Gloster v. 
Mr. Peter Duncan; for non-payment of several rates due to 
Mr. John Emerson; dated 13 : 9 : 1673; signed by Thomas 
Riggs,* for the court; and served by William Sargent,* con- 
stable of Gloster, by attachment of a flaging pot of defendant's. 

* Autograph. 



258 SALEM QUARTERLY COURT [Nov. 

Writ: Joseph Clarke, assignee of Thomas Millett, jr. v. Timo- 
thy Somes; for withholding eighteen cords of wood; dated 
Oct. 10, 1673; signed by Thomas Riggs,* for the court; and 
served by William Sargant,* constable of Gloster. 

Writ: John Hathorne v. Richard Georg; debt; dated Oct. 
23, 1673; signed by John Fuller,* for the court; and served by 
Return ,* constable of Suffolk. 

Writ: Capt. Walter Price v. Richard Sutton; debt; dated 
Nov. 14, 1673; signed by Jonath. Negus,* for the court; and 
served by Rich. Wayte,* marshal of Suffolk. Bond of Richard 
S[u]ton.* 

Writ: Capt. Georg Corwin v. Richard Sutton of Roxberry; 
debt; dated Nov. 14, 1673; signed by Jonath. Negus,* for the 
court; and served by Rich. Wayte,* marshal of Suffolk. Bond 
of Richard Sutton.* 

Writ: Mr. Thomas Woodbridge of Newbery v. Arthur Ben- 
net of Lampereel river; debt; for withholding 7,500 merchant- 
able pine boards, to be paid at Mr. Symonds' mill at Lampereel 
river; dated Oct. 18, 1673; signed by Nath. Saltonstall,* for 
the court; and served by Henry Dow,* marshal of Norfolk. 
Bond of Arthor (his mark) Bennit and Samuell Hilton.* 

Writ: Capt. Paul White of Newbery v. Edward Smith of 
Exeter; debt; dated Oct. 18, 1673; signed by Nath. Saltonstall,* 
for the court; and served by Henry Dow,* marshal of Norfolk, 
by attachment of the dwelling house and land of defendant. 

Writ: Mr. Thomas Woodbridge of Newbery v. Thomas Raw- 
lins of Exeter; debt; for 9,000 feet of merchantable boards, to be 
delivered at Exeter; signed by Nath. Saltonstall,* for the court; 
and served by Henry Dow,* marshal of Norfolk. Bond of 
Thomas (his mark) Rawlins and Samuell Levett.* 

Summons to a writ, for the appearance of Abraham Whitticker, 
sr., upon complaint of Mr. Thomas Woodbridge of Newbery for 
debt for 2,305 white oak pipe staves, to be delivered at New- 
bery, dated Nov. 12, 1673 and signed by Nath. Saltonstall,* for 
the court. 

Venire, dated 3:9: 1673, for Salem trial jury and grand 
jurymen, also to summons Peeter Joy, for being disguised with 
drink, and witness, Mr. Phillip Cromwell; William Bath, for 
being drunk, with witness, Tho. Ives; Mr. Georg Emory, for 
being overtaken in drink, with witnesses, Edw. Woollen and 
Adam Westgate; Tho. Robbinson, for stealing from Ann Roundy, 
with witnesses, Jon. Home, sr., Jon. Guppy, Peeter Harvey, 
An Roundey and Julian Viber; signed by Hilliard Veren,* for 
the court; and served by John Marston,* constable of Salem, 
who returned the names of Nathl. Putnam, John Graffton, John 
Turner, Edward Woollen, Thomas Giggles, John Procter and 
Stephen Haskut, for the jury of trials, the latter not being then 

* Autograph. 



1673] RECORDS AND FILES 259 

at home, and for the grand jury, Tho. Fuller, sr., Mr. John Ruck, 
Saml. Aburn, sr., Frances Skery, Tho. Roots, John Inkersall and 
Edward Flint. 

Venire, dated 3:9: 1673, for Lyn trial jury and grand jury- 
men, also to summons Moses Chadwell and Robert Potter, for 
their swearing rashly about a piece of fence in Rumney Marsh 
before the Worshipful Major William Hathorne, with witnesses, 
Tho. Stocker and his son Ebenezer; also to summons Joseph 
Hollowage, for saying he recorded his marriage when he did not, 
whereby there is vehement suspicion of his committing fornica- 
tion before marriage, and the witnesses Hen. Roads and Frances 
Burrell; signed by Hilliard Veren,* for the court; and served 
by William Crofts,* constable of Lyn, who returned the names 
of Richard More, Andrew Mansfelld, Thomas Pharar and John 
Pearson, for the grand jury, and Theopelas Bealy, Joseph Mans- 
feld, Samuell Johnson and Ezekcall Needam for the jury of trials. 
Joseph Holloway was not in the town. 

Venire, dated 3:9: 1673, for Wenham trial jury and grand 
jurymen, also to summons Walter Fairefeild, for detaining or 
not requiring his servant John Besoon to attend the like worship 
of God on the Lord's days, with witnesses Tho. Fisk, jr., and 
John Gilbert; signed by Hilliard Veren,* cleric; and served by 
Richard Dodg,* constable of Wenham, who returned the name 
of Thomas Patch to serve on the grand jury, and John Batcheler, 
for the jury of trials. 

Venire, dated 3:9: 1673, for Gloster trial jury and grand 
jurymen, also to summons Tho. Prince, jr., William Ellery, John 
Cooke, William Vinson, sr., William Vinson, jr. and John Collens, 
jr., as witnesses against William Foord of Charlestowne, for 
sailing out of Anasquam on the Lord's day; signed by Hilliard 
Veren,* cleric; and served by William Sargent,* constable of 
Gloster, who returned the name of William Grigs to serve upon 
the grand jury, and Mr. Peter Duncan, on the jury of trials. 

Venire, dated 5:9: 1673, for Beverly trial jury and grand 
jurymen, also to send someone from Beverly in behalf of the 
town to answer for defect of the country highway between Thomas 
Chubbs' and Joseph Hibbert's, also to summons Exercise Conant, 
as witness; signed by Hilliard Veren,* for the court; and served 
by John Lovet,* constable of Beverly, who returned the name of 
Robert Hebberd for the grand jury, and Exersis Cunnont for 
the jury of trials. 

Presentments, dated Nov. 27, 1673, signed by John Rucke,* 
in the name of the rest: 

Clement Couldum of Gloster, for heaving the door off the 
hinges of the dwelling house of John Perse, about Sept. 10, last, 
at about 10 or 11 of the clock in the night. Wit: James Stevens. 
Couldum owned it before the court. 

* Autograph. 



260 SALEM QUARTERLY COURT [Nov. 

Jury of inquest, appointed to report upon the death of a man 
found drowned in the town of Gloster, "hauing sarched the 
man & Can find no wonde but doe Conseue acording to the best 
information that wee can gett that he was drunck and allso 
according unto the poustuer that he was founde in lying grauling 
with his face upon the mude and his hands and armes under him 
and this not aboue forty poles or thare aboute from the howse 
where we are informed that he had his drinke : and this man was 
lost forten or feften days before wee found him;" signed by Tho. 
Millet, sr., William Venson, sr., Anthony Day, Steven Glover, 
Samuell Elwell, Josiah Elwell, James Daves, William Elary, 
John Colings, jr., Robart Scamp, Thomas Princs, sr., and John 
Millitt. 

Newbury births, marriages and deaths for 1673, signed by 
Anthony Somerby:* 

Marriages : 
Samuell Hale and Sara Ilsly, July 21. 
Edward Richardson and Anne Bartlet, Oct. 28. 
Richard Bartlet and Hannah Emery, Nov. 18. 
Samuell Pettingall and Sara Poore, Feb. 13. 
Cutting Noyes and Elizabeth Knight, Feb. 25. 
Henry Aires and Hannah Silver, Mar. 13. 

Births: 
Benjamin, son of Amos Stickny, Apr. 4. 
Mary, daughter of James Ordway, Apr. 5. 
Abraham, son of Launcelot Granger, Apr. 17. 
Henry, son of Nathaniel Clark, July 5. 
William, son of John Glading, July 25. 
Mary, daughter of Mr. James Baily, July 6. 
William, son of Caleb Boynton, July 24. 
Amy, daughter of Abell Huse, Sept. 9. 
Judith, daughter of Steven Greenleaf, Oct. 23. 
Hannah, daughter of Daniel Cheny, Sept. 3. 
John, son of Abraham Merrill, Oct. 15. 
Nicholas, son of John Webster, Oct. 19. 
Daniell, son of John Noyes, Oct. 23. 
Abigail, daughter of John Atkinson, Nov. 8. 
Susanna, daughter of Abell Merrill, Nov. 14. 
Hanna, daughter of John Badger, Dec. 3. 
William, son of William Faning, Nov. 20. 
William, son of Caleb Moody, Dec. 15. 
Nathaniell, son of Nathaniel Bricket, Dec. 20. 
Mary, daughter of John Smith, Dec. 29. 
Jane, daughter of Peter Tappan, Jan. 4. 
Isabel, daughter of Steven Lavenuke, Dec. 22. 
William, son of Mr. William Gerrish, Jan. 21. 

* Autograph. 



1673] RECORDS AND FILES 261 

William, son of Benjamin Morse, Jan. 23. 
Benjamin, son of Benjamin Lowle, Feb. 5. 
Henry, son of John Lunt, Feb. 22. 

Deaths : 
Henry Short, May 5. 

Abigail, wife of Anthony Somerby, June 3. 
Judith, daughter of Robert Beedle, July 10. 
John Merrill, Sept. 12. 
Robert Holmes, Sept. 18. 
William Moody, Oct. 25. 
Anne Thurston, widow, Feb. 17. 

Wenham births, marriages and deaths, returned by Tho. 
Fiske:* 

Tabatha, daughter of Walter Fairefeld, born July 29, 1669. 

Marah, daughter of Tho. Patch, born 3 : 12 : 1669. 

Samuell, son of Richard Hutton, born Jan. 26, 1669. 

Sible, daughter of Antipas Newman, born 24 : 1 : 1670. 

Martha, daughter of Tho. White, born 5:2: 1670. 

Elizabeth, daughter of Edward Walderne, born 26 : 2 : 1670. 

John, son of Alexander Maxey, born 1:2: 1670. 

Eliezur, son of Tho. Fiske, born 12 : 3 : 1670. 

Elizabeth, daughter of Robert Mackclaflin, born 18 : 3 : 1670. 

Richard, son of Richard Dodg, born 12 : 5 : 1670. 

Debora, daughter of Charles Gott, born Oct. 6, 1670. 

Waitstill, son of Mr. Antipas Newman, born 6 : 11 : 1671. 

Edmond, son of John Beaman, born 10 : 11 : 1671. 

Walter, son of Walter Fairefild, born 15 : 2 : 1672. 

Marah, daughter of Richard Dodg, born 30 : 1 : 1672. 

Sarah, daughter of Tho. Fiske, born 14 : 1 : 1673. 

Prilciha, daughter of Robert Mackclaflin, born 22 : 6 : 1673. 

Samuell Abey and Marah Nowlton, married 12 : 8 : 1672. 

Heizkle Woodward and Elizabeth Soolart, married 20 : 10 : 1672. 

John Soolart died 24 : 4 : 1672. 

Marah, wife of Henry Kemball, died 12 : 6 : 1672. 

Martha, wife of Tho. Hobbs, died 24 : 6 : 1672. 

Marah, wife of Richard Kemball, died 2:7: 1672. 

Marah, wife of John Abey, sr., died 9:7: 1672. 

Tho. White died 1672. 

Elizabeth Safford died 7:8: 1672. 

Richard Kemball, jr., died 8:8: 1672. 

Mr. Antipas Newman died 15 : 8 : 1672. 

John Pirchas died 20 : 8 : 1672. 

William Geare died 17 : 8 : 1672. 

Phinehas Fiske died 7:2: 1673. 

Ezeikle W'oodward and Elizabeth Soolart married 20 : 10 : 
1672. 

* Autograph. 



262 SALEM QUARTERLY COURT [NOV. 

Samuell Abey and Marah Nowlton married 12 : 8 : 1672. 
Daniell Killim and Sarah Fairefild married 13 : 2 : 1673. 
Ann, daughter of John Killim, born 4:1: 1673. 
Joseph, son of John Abey, born 10 : 6 : 1673. 
Elizabeth, daughter of Joseph Gerish, born Dec. 18, 1673. 

Rowley births, marriages and deaths for 1673, returned by 
Tho. Leaver,* clerk. 
Births: 
Joseph, son of Joseph and Elizabeth Chapline, Apr. 4. 
Timothy, son of Timothy and Elizabeth Palmer, May 19. 
Hanah, daughter of Joseph and Hanah Trumble, May 9. 
An, daughter of Joseph Boynton, Aug. 14. 
Sarah, daughter of Edward and Hanah Hazen, Aug. 22. 
Bosun, son of Abraham Jewit, Aug. 30. 
Ann, daughter of Ezekiel and Faith Jewet, Sept. 29. 
Sarah, daughter of Samuel Lion, Sept. 10. 
Sarah, daughter of Thomas and Dameris Leaver, Oct. 9. 
John, son of John Hopkinson, Nov. 9. 

Marriages : 
Samuel Pryme and Sarah Plats, Jan. 1. 
Beriah Browne and Sarah Harris, Jan. 6. 

Burials: 
Mary, wife of Abel Langley, Apr. 22. 
Edward Sawier, Mar. 9. 

Topsfield births and deaths for 1673, returned by John Reding- 
ton,* clerk: 

Births: 
Daniell, son of Thomas and Judeth Dorman, [July] f 27. 
Sarah, daughter of John and Sarah Kimball, Sept. 19, [1669]. 
Mary, daughter of John and Sara Kimbale, Jan. 15, [1671]. 
Richard, son of John and Sarah Kimbale, Sept. 28, 167[3]. 
John, son of Daniell and Faith Blacke, July 28, 1672. 
Martha, daughter of Tho. and Martha Andrews, Dec. 25, 1673. 
John, son of John and Dorithie Robison, Jan. 16, 1673. 
Joseph, son of Joseph and Phebe Towne, Mar. 22, 1673-4. 

Deaths : 
Daniell, son of Thos. and Judeth Dorman, [Aug.] 10. 
Sarah, daughter of Robert and Mary Smith, [Aug.] 28. 

Andover births, 1673: 
Margaret, daughter of John and Debora Ruse, Apr. 10. 
Mary, daughter of Andrew and Mary Foster, June 10. 
Abigail, daughter of Christopher and Hanna Osgood, Aug. 29. 
Joseph, son of Joseph and Mary Marble, July 28. 

* Autograph, t Material supplied with brackets is taken from the contem- 
poraneous record made by the Clerk of the Court. 



1673] RECORDS AND FILES 263 

Mary, daughter of Samuell and Sara Wardle, Oct. 3. 

Samuell, son of William and Elizabeth Blunt, Jan. 29. 

John, son of John and Mary Barker, Nov. 3. 

Henry, son of Henry and Sara Holt, Jan. 24. 

Elizabeth, daughter of Georg and Hanna Abbet, Jan. 29. 

Hanna, daughter of William and Mary Chandler, Feb. 5. 

Ebenezer, son of John and Mary Lovejoy, Jan. 22. 

Mary, daughter of Steven and Elizabeth Johnson, Mar. 21. 

Andover deaths, 1673: 
Christopher, son of Walter and Susanna Wright, Jan. 16. 
Mary, daughter of Steven and Elizabeth Johnson, Mar. 22. 

Andover marriages, 1673: 
John Abbet and Sara Barker, Nov. 17. 
Mr. Return Johnson and Mary Johnson, Sept. 7. 
Mr. Dudly Bradstreet and Mrs. An Price, Nov. 12. 

Rowley births, [1669]: f 
[Jabez], son of Abraham [also,Tobiah] Colman, [Mar. 17, 1668-9]. 
Edward, son of Symon Chapman, May 11. 
Soloman, son of Thomas Wood, May 17. 
Mary, daughter of Andrew Hiden, July 21. 
Mary, daughter of Jonathan Hopkinson, July 9. 
Richard, son of Edward Hazen, Aug. 6. 
Joseph, son of David Wheeler, Sept. 15. 
Ezekiell, son of Ezekiel Jewit, Oct. 25. 
Elizabeth, daughter of Thomas Nelson, Feb. 25. 
Joseph, son of Joseph Boynton, Mar. 23. 

Rowley marriages, [1669]: 
John Jackson and Elizabeth Poore, 27 : 2. 
Calab Burbank and Martha Smith, May 6. 
Joseph Trumble and Hanah Smith, May 6. 
Joseph Boynton and Sarah Swan, May 13. 
Abraham Hezeltine and Elizabeth Longhorne, Oct. 7. 
Thomas Lambert and Edna Northend, Nov. 4. 

Rowley, burials, [1669]: 
Aquila Law, Apr. 16. 
Isake Alin, Apr. 10. 

Bradford births for 1672, returned by Shu. Walker:* 
Joseph, son of Nicholaus Walingford, Apr. 20. 
Ruth, daughter of Gilbert Wilford, May 15. 
Sarah, daughter of Mr. Zachariah Simes, May 20. 
John, son of Benjamin Gage, July 15. 
Deborah, daughter of Samuell Heseltine, July 17. 
Naomi, daughter of Jonathan Gage, Sept. 2. 
Benjamin, son of Benjamin Palmar, Oct. 8 and died Oct. 10. 

* Autograph, f Material supplied with brackets is taken from the con- 
temporaneous record made by the Clerk of the Court. 



264 SALEM QUARTERLY COURT [Nov. 

Sarah, daughter of Mr. Anthony Ashby, Dec. 16. 

James, son of Thomas Hardy, Feb. 13. 

Elizabeth, daughter of Mr. Samuell Woostar, Feb. 15. 

Bradford death, 1672: 
Sergant John Gage, Mar. 24, 1672-3. 

Execution, dated 29 : 9 : 1673, against Robert Pike and Thomas 
Bowin, to satisfy judgment granted Mr. Christopher Lattamore 
at the Salem court, 26 : 9 : 1673; signed by Hilliard Veren,* 
for the court; and served by Henry Skerry,* marshal of Salem, 
whose return was that said Robert Picke could not pay and so 
he was delivered to said Lattamore, to be his servant for one year. 

Execution, dated 28 : 9 : 1673, against Rowland Raynsbury, 
to satisfy judgment granted Mr. Phillip Cromwell at the Salem 
court, 24 : 4 : 1673, to be paid in fish; signed by Hilliard Veren,* 
for the court; and served by Henry Skerry,* marshal of Salem, 
whose return was that said Raynsbury could not pay and so he 
was delivered to said Cromwell, to be his servant for one year. 

Execution, dated 9:7: 1673, against Edmond Bridges, sr., 
and Edmond Bridges, jr., to satisfy judgment granted Adam 
Westgate or his attorney, at Salem court, 24 : 4 : 1673, to be 
paid in beef, pork, wheat, malt and Indian corn; signed by 
Hilliard Veren,* for the court; and served by Henry Skerry,* 
marshal of Salem, by attachment of iron. 

Execution, dated Mar. 17, 1673, against John Fisk, to satisfy 
judgment granted James Browne at Salem court, 25 : 9 : 1673; 
signed by Hilliard Veren,* for the court; and served by Henry 
Skerry,* marshal of Salem. 

Execution, dated 15 : 5 : 1673, against Abraham Allen, to 
satisfy judgment granted Mr. William Browne, sr., at Salem 
court, 24 : 4 : 1673; signed by Hilliard Veren,* for the court; 
and served by Henry Skerry,* marshal of Salem, by attachment 
of a parcel of sea coals and charcoal, which he delivered to Mr. 
Reading of Marblehead for Mr. Browne's use. 

Execution, dated 27 : 9 : 1673, against William Cover, to 
satisfy judgment granted Capt. George Corwin, at Salem court, 
26 :9 :1673; signed by Hilliard Veren,* for the court; and 
served by Henry Skerry,* marshal of Salem, whose return was 
that said Gover could not pay, and so he was delivered to Capt. 
Corwin, to be his servant until the charges be paid. 

Execution, dated Mar. 20, 1672-3, against John Goold, to 
satisfy judgment granted Maj. William Hathorne, at Salem 
court, 26 : 9 : 1672, to be paid in bar iron at 20 shillings per C. 
at Mr. William Browne, sr.'s in Salem; signed by Hilliard Veren,* 
for the court, and served by John Williams,* deputy marshal. 

Execution, dated Mar. 5, 1673-4, against Henry Leonard, sr., 
to satisfy judgment granted Mr. William Browne, sr., at Salem 

* Autograph. 



10/ 3] RECORDS AND FILES 265 

court, 24 : 4 : 1673; signed by Hilliard Veren,* for the court; 
and served by Henry Skerry,* marshal of Salem, by attachment 
of said Leonard's eighth of the iron works at Topsfeild, which 
was delivered to Nathanell Mihill, said Browne's agent, by turf 
and twig. 

Execution, dated 1:9: 1673, against Richard Rowland, to 
satisfy judgment granted Capt. James Smith, at Salem court, 
June 24, 1673; signed by Hilliard Veren,* for the court; and 
served by Henry Skerry,* marshal of Salem, by attachment of 
an anchor, three pair of sea boots, three hats and some cloth. 

Execution, dated 25 : 12 : 1673, against Henry Leonard, to 
satisfy judgment granted Mr. Robert Paine, sr., at Salem court, 
24 : 4 : 1673; signed by Hilliard Veren,* for the court; and 
served by Henry Skerry,* marshal, by attachment of said Leon- 
ard's share in the iron works at Rowley Village, which was de- 
livered to Mr. Robert Paine, jr., for the use of his father, by 
turf and twig, and by a piece of the houses, for them. 

Execution, dated 19 : 5 : 1673, against Henry Leonard, sr., 
to satisfy judgment granted Mr. William Browne, sr., by Wor- 
shipfull Major Daniell Denison, Mr. Thomas Danforth and 
Hilliard Veren, cleric, 24 : 4 : 1673, to be paid in bar iron at 18 
shillings per C; signed by Hilliard Veren,* cleric; and served 
by Henry Skerry,* marshal of Salem. William Curties, Mr. 
Browne's agent, took a bill of Samuell Lenard who offered the 
iron works as security. 

Execution, dated June 27, 1673, against Peeter Toppin, to 
satisfy judgment granted Jacob Toppin, at Salem court, June 
24, 1673; signed by Hilliard Veren,* for the court; and served 
by Henery Skerry,* marshal of Salem. 

Execution, dated 8 : 10 : 1673, against Joseph Studly and 
Timothy Pratt, to satisfy judgment granted Samuell Williams, 
at Salem court, 26 : 9 : 1673; signed by Hilliard Veren,* for the 
court; and served by Henry Skerry,* marshal of Salem, who gave 
them into the hands of Thomas Mattson, prison keeper at Boston. 

Execution, dated 28 : 9 : 1673, against Hugh Allward, to 
satisfy judgment granted Margerett Bishop, administratrix of 
the estate of Thomas Bishop, deceased, at Salem court, 26 : 9 : 
1673, to be paid in cod fish; signed by Hilliard Veren,* for the 
court; and served by Henry Skerry, jr.,* deputy for Henry Skerry,* 
marshal of Salem, who demanded pay at Hugh Allard's house 
at the Isles of Shoals, but did not levy because the parties agreed, 
said Allard promising to send a barrel of oil. This execution 
was levied, 5:1: 1677, and said Allward was committed to 
Mr. Theofelus Willson, prison keeper of Ipswich. 

Execution, for possession to foreclose mortgage, dated June 5, 
1673, upon the house, shop and ground of Abraham Allen, in 
Marblehead, to be delivered to Mr. William Browne, sr., of 

* Autograph. 



266 SALEM QUARTERLY COURT [Nov. 

Salem, according to mortgage, also to satisfy judgment granted 
said Browne at Salem court, 25 : 4 : 1672; signed by Hilliard 
Veren,* for the court; and served by Henry Skerry,* marshal 
of Salem, by attachment of the house, shop, land and a joiner's 
work chest of Allin's, which were delivered by turf and twig, also 
the chest given to Nathaniell Myhill, by order of said Browne. 

Execution, dated Feb. 4, 1673, against Ezekiell Needham, to 
satisfy judgment granted Robert Cross, jr., at Salem court, 24 : 
4 : 1673; signed by Hilliard Veren,* for the court; and served 
by Phillip Fouler,* deputy for Henry Skerry,* marshal of Salem. 

Execution, dated May 23, 1673, against Thomas Farrer, to 
satisfy judgment granted Mr. Elizier Holioake, at Salem court, 
26 : 9 : 1672, pay to be delivered to said Holioake, or to Crisp us 
Brewer or Andrew Mansfeild, for said Holioake's use; signed 
by Hilliard Veren,* for the court; no return made. 

Robert Potter and Samwell Jonson testified that about twelve 
years ago there was a ditch made from the upland into a creek 
and Thomas Newhall's meadow, which was called Blood's neck, 
where the damage in his hay was done, below or within this 
creek. Some years after this ditch was made, the land that 
adjoined the ditch and creek lay without fence, open to the 
common, and grass was so eaten and spoiled by cattle that it 
was worth but little, but on the other side no damage was done. 
They never knew of any cattle going over the creek, save teams 
that went over to get hay. Sworn before Wm. Hathorne,* 
assistant. 

John Ingolls testified that he had meadow there and that the 
creek was a sufficient fence, etc. Also that his horse and two 
oxen, in going over, fell into the creek, and he had much ado 
about getting them out. When they were out, they went along 
through John Fuller's draw bars. Sworn, 27 : 9 : 1673, in Salem 
court. 

Moses Chadwell and Robt. Potter testified. Sworn, 27 : 11 : 
1672, before Wm. Hathorne,* assistant. 

Mathew Farington deposed that he had known this creek 
twenty years and more and had seen Capt. Briges' cattle and 
forty or three-score head of the town's cattle feeding, etc. Rob- 
berd Borges deposed the same. Sworn, 27 : 9 : 1673, in Salem 
court. 

Philip Cromwell, aged about fifty-seven years, and Thomas 
Ives, aged about twenty-six years, deposed that this past sum- 
mer they saw Peter Joy much disguised with drink, as they 
judged by his reeling up and down. Sworn, 27 : 9 : 1673, in 
Salem court. 

Edward Wooland, aged about forty-eight years, deposed that 
he saw William Bath coming along the street and Adam West- 
gage asked him whether he thought he was drunk. Deponent 

* Autograph. 



1673] RECORDS AND FILES 267 

said he thought he was, for he reeled from one side of the street 
to the other and could not speak one plain word to him. Sworn, 
27 : 9 : 1673, in Salem court. 

Bill of cost of Margaret and Samuell Bishop, Hi. 6s. 7d. 

Thomas Fisk, aged twenty years, and John Gilbird, aged 
sixteen years, deposed that they did not see John Bisson, ser- 
vant of Walter Fayerfield, at meeting at Wenham for one month 
together. Sworn, 25 : 9 : 1673, before Wm. Hathorne,* assist- 
ant. 

Caleb Kimball, sr., testified that he saw Henrie Osborn put 
his cows into the common field and keep them there on the Sab- 
bath day morning last, and that this was his common practice. 

"Gentellmen of the Grand Jurye this maye Informe yowe 
that I sawe Henry osborne keeping of his Cowes the Last saboth 
day morning by his barne in the Comon fealld. Simon Stace." * 

Elisabeth (her mark) Abit, aged twenty-five years, deposed 
that Mary Grely, Goody Wells' maid, told her that she was 
afraid that she was with child by Lorance Clinton. 

Arter Abbit's bill of charge for Mary Grely 's lying in: houseing 
and lodging and diat, Hi.; for the midwife, 5s.; nursing, 15s.; 
for sack and lickers, 3s. 6d.; for fier wood and other expenses, 
6s.; total, 21i. 10s. 6d. 

Tabatha Haward, aged about fifty-two years, deposed that 
she never heard Clinton nor Goody Abet speak about the case. 

Margrit Boarman and Elizabeth Boarman deposed that 
Laranc Clenton said that Goody Abut told Goody Haueard the 
story, etc. 

Samuel Hunt, jr., and Elizabeth Redington deposed that 
Tho. Knoulten's wife came to their house one night the last 
spring a little before the court to get Betty Hunt to lie with 
her. Good wife Knolton told "my mother that bety woodward 
wold sew her: for what said my mother: wi for saying that she 
wos w th child: then my moth r ascked goodwife knowlton if 
eauer shee hard her say so: O law said shee I wold not say so 
for one hundred pounds: for I neuer hard you say so in my life." 
Sworn, Sept. 30, 1673, in Ipswich court. 

Samuel Hunt, with Elizabeth and Elizabeth Redington, 

deposed that he went to Joseph Leigh's for his horse. Also 
concerning the story about Betty Woodward. Sworn, Apr. 16, 
1673, in Ipswich court. Copy made, June 19, 1673, by Robert 
Lord,* cleric. 

Summons, dated 3:9: 1673, to the constable of Charles 
Towne for the appearance of William Foord, to answer a pre- 
sentment for sailing with his boat from Anasquam at Gloster on 
the Lord's day, signed by Hilliard Veren,* cleric, and served by 
Tho. Russell,* constable. 

William Elery, aged about thirty years, deposed that he saw 

* Autograph. 



268 SALEM QUARTERLY COURT [Nov. 

William Ford of Charlstown set sail in Annesquam upon a Sat- 
urday night about nine o'clock and came through the gut, and 
he heard him say that he got home on the Sabboth daj r in time 
to go to meeting in the afternoon. Sworn, Nov. 21, 1673, before 
Edward Tyng,* assistant. 

John Collens, jr., aged thirty-eight years, deposed that "y e 
next Saboth day after y e court of Election I being at Cappann 
hard diuers say y* william ford was there with his boat being 
bound to boston but I did not see him there but I saw a boat at 
saill without y e harbors mouth in y e morning a Saboth day and 
seuerall told me it was ford and he went out of y e cut in y e morn- 
ing bef or day ; and y e next weeke I being at boston and mett with 
him I was speaking to him concerning his goeing on y e Saboth 
he told what should I not make use or take my opportunity of 
y e wind to get home though It were the Saboth-day; I ould and 
further he told y* he was at horn by after-noon meeting." Sworn 
in court. 

Bill of cost in the action between Mr. Samuell Philleps, John 
Pearson, sr., Benaiah Titcumb, Pennuell Titcumb, Moses Brad- 
street, Joseph Boynton and Abell Platts v. Mr. Joseph Dell, 
for witnesses at Boston, etc., 41i. lis. 6d. 

Thomas Laughton, cleric, in behalf of the selectmen of Lynn, 
"receiuinge a note from the worshipfull maio r William Hathorne 
and m r Henry Bartholemew a comittee chossen to see some re- 
paire to be done att the greate Bridge in our Towne did agree 
with Henry collins Juniar and Joseph Collins to repaire the same 
for w ch they were to haue three pounds." 

Ed. Batter's bill of cost, 21i. lis. 6d. 

Sarah Story and Mary Fellows testified that being at Good- 
man Procter's house, thej^ asked him what should be done with 
his wife's clothing and he answered that it should be disposed of 
among his daughters and Martha Hadley, both woolen and 
linen, also her horse and all the wool that was in the chamber, 
about one or two hundred pounds. He also said that he had 
given his son James White one pair of oxen which were not entered 
in his will. Sworn 24 : 7 : 1672, at Ipswich court. Copy made, 
Oct. 3, 1672, by Robert Lord,* cleric. 

Anthony Daye testified that he saw the widow Stanwood come 
several times from Goodman Peirce's house. Sworn, Sept. 30, 
1673, at Ipswich court. 

Fran. Wainwright's* receipt, dated July 7, 1673, to Richd. 
Juop for fish for Jamsin & Leavy. Owned in Ipswich court. 

John Payne's bill of cost, Hi. 2s. 4d. 

Obadiah Bridges'* receipt, dated June 23, 1673, to Thomas 
Peerce, his father, in part of pay for his portion given him by 
the court in Ipswich in a feather bed and bolster, 51i. Wit: 
Elizabeth (her mark) Robardes. 

* Autograph. 



1673] records and files 269 

Court held at Ipswich, Mar. 31, 1674. 

Judges: Samuell Symonds, Dept. Govr., Major Genrll. Deni- 
son and Major Wm. Hathorne. 

Jury of trials: Ens. Tho. French, Edw. Chapman, Dan. Hovey, 
Edw. Bragg, Robert Kinsman, Jo. Knight, Jo. Webster, Jo. 
Poore, James Barker, Lenard Haryman, Jo. Grant and Tho. 
Baker. 

Agreed that all costs in all actions shall be paid in money. 

John Griffin v. Robert Hasseltine. Appeal from a judgment 
granted by Major Genrll. Denison. Verdict for defendant, 
confirmation of the former judgment.* 

Fragment of a plan of a lot of land in Ipswich, probably Tho. 

Bishop's. Robert Kinsman mentioned. nd Fiske, sur- 

vej r or. 

List of presentments, signed by John Rucke,f in the name 
of the rest of the grandjury. 

*Copy of the papers in this action brought before Daniel 
Denison, made by Daniel Denison :f 

Writ: Robert Hazeltine of Bradford v. John Griffin; for 
appearance before Daniel Denison at his house in Ipswich upon 
Feb. 5, immediately after lecture in the afternoon, at two o'clock 
or as soon as the lecture is done; trespass, for damage by swine 
in corn; dated Jan. 28, 1673; signed by Nath. Saltonstal, for the 
court; and served by John Tenny, constable of Bradford, by 
attachment of the house and orchard of defendant in Bradford. 

Judgment for plaintiff. Appealed to the next county court. 
John Griffin and James Sanders bound. 

Bill of cost, 26s. 8d. 

Town orders made Feb. 24, 1672: "It is ordered that all fences 
about Come feilds shall be made up sufficiently at or before the 
first of April next ensuing the date heereof. It is ordered that 
all swine aboue two months old shall be sufficiently ringed at 
or before the last of May next upon the penalty of 12 d per swine 
& so to be kept from time to time till the last of October next 
ensuing the date hereof. It is ordered that all cattle, horses 
& swine taken doing damage in corn feilds shall pay all damages 
& twelve pence a peice for pounding. Shubal Walker, Samuel 
Gage, Robert Haseltine, Nicolas Wallingford Thomas Kimball." 

John Griffin's reasons of appeal, dated Mar. 25, 1674, "without 
any reflections upon or dishonor unto the s J Judge": that the 
time stated, some time the last summer when the damage was 
done was too indefinite; that the appraisal was made by relatives 
of Hazeltine, and not indifferent men; that the damage was 

t Autograph. 



270 IPSWICH QUARTERLY COURT [Mar. 

caused by the insufficiency of the fence and was not to be laid 
to his swine; that the testimonies against him "are such as are 
raked up in his owne family & of his owne kindred, which if 
counted good, then any man that hath many relations about him 
may make up any case in the world." 

John Hazeltine, jr., aged about sixteen years, deposed that 
Griffin refused to join with his father in appointing men to ap- 
praise the damage. Sworn, Jan. 31, 1673, before Nath. Salton- 
stal, commissioner. 

David Haseltine and Henry Kimbal testified that they left 
word at John Griffin's house with his wife concerning the damage, 
etc. Sworn by Kimball, Jan. 29, 1673, before Nath. Saltonstal, 
and by Haseltine, Feb. 5, 1673, before Daniel Denison.* 

Nath. Saltonstal attested upon oath as commissioner, Oct. 6, 
1673, that the plaintiff and defendant were at his father Ward's 
house, etc. He understood that the appraisers, Benjamin Kim- 
bel and Samuel Haseltine, were the son-in-law and nephew of 

Robert Hazeltine, jr., and William Smith, both aged about 
sixteen years, deposed that the hogs were not yoked and some 
had no rings and they pounded the said hogs in Robert Hasel- 
tine's house or hogs-coat. Sworn, Jan. 31, 1673, before Nath. 
Saltonstal, commissioner. 

Benjamin Kimbal and Samll. Haseltine, fence viewers of Brad- 
ford, found Haseltine's fences insufficient against orderly cattle. 
Sworn, Feb. 5, 1673, before Daniel Denison.* 

William Smith deposed that one hog which was taken in Mr. 
Ashby's corn, etc. Sworn, Feb. 2, 1673, before Nath. Saltonstal, 
commissioner. 

Robert Haseltine, jr., deposed. Sworn, Jan. 31, 1673, before 
Nath. Saltonstal, commissioner. 

Mercy Kimbal, aged about thirty years, deposed. Sworn, 
Jan. 29, 1673, before Nath. Saltonstal, commissioner. 

Shubal Walker and Henry Kimbal deposed that they ap- 
praised the damage for Robert Hazeltine, etc. Sworn before 
Nath. Saltonstal, commissioner. 

Haniel Gierke, aged about twenty-three years, deposed that he 
ringed the hogs. Sworn, Feb. 2, 1673, before Nath. Saltonstal, 
commissioner. 

Benjamin Kimbal, aged about thirty-seven years, and Saml. 
Hazeltine, aged about twenty-six years, deposed that there was 
a ditch with wood upon the bank which made a good fence. 
Sworn, Jan. 29, 1673, before Nath. Saltonstal, commissioner. 

Robert Hezeltine's bills of cost, lis. and 10s. 2d. 

Robert Hezeltine, sr.'s answer to the reasons of appeal of John 
Griffin: that the eleven hogs about two years and a half old in 
the corn might have made the damage as appraised; that his 

* Autograph. 



1674] RECORDS AND FILES 271 

John Griffin v. Robert Hasselltine. Appeal from a judgment 
granted by Major Genrll. Denison.* 

George White v. Ens. John Gould. Debt. Verdict for plain- 
tiff. 

Major Genrll. Denison v. Henry Lenard. Verdict for plaintiff. 
Damages in bar iron.f 

Nath. Putman v. John Pease. Replevin. Verdict for de- 
fendant.! 

outside fence was sufficient ; that he had carried himself as a 
loving neighbor to John Griff en; and in answer to the objection 
to so much evidence of relatives, he says, that "wee liveing at 
soe great distance one from another in our Towne that it is hard 
to goe some miles to procure witnesses." 

fWrit: Major Daniel Denison v. Henry Leonard; debt of 
121i. 10s. in bar iron at 24s. p C. or l,0001i. and 50 pounds of good 
bar iron, due for rent of a sixteenth part of the Iron works at 
Rowley village; dated Feb. 9, 1673; signed by Robert Lord,§ 
for the court; and served by Robert Lord,§ marshal of Ipswich, 
by attachment of a cubbard, chest and trunk and part of his 
share of the iron works. 

Major. Genrll. Denison's bill of cost, Hi. 2s. 2d. 

John Saford and John Gould deposed that Major Generall 
Denison had one-sixteenth part of the Iron works at or near 
Topsfeild, which amounted to 61i. 8s. for every half year's rent 
in bar iron. Sworn in court. 

JWrit of replevin, for two and one half acres, and sixteen poles 
of land belonging to Nathanil Putnam now distrained by John 
Pease; dated 11 : 1 : 1673; signed by Hilliard Veren,§ for the 
court; and served by John Peas,§ constable of Sallem. 

John (his mark) Pease, constable, made duplicate return, 
Mar. 9, 1673-4, that "By virtue of a warrant from the selectmen 
Leuied by way of Distresse vpon the estate of Nathaniel Putnam 
six pound and ten shillings beinge his proportion of the meetinge 
house Rate with Charge of Apprizers," 2 1-2 acres and 16 poles 
of arable land at 21i. 10s. per acre "lying neare his dwellinge 
house in his feild before his house on that side of it next the brooke 
beinge 30 poole in length & 13 3-4 in breadth." Appraisers, 
Thomas Fuller, § Joshua Rea,§ Francis (his mark) Nurse and 
Nathaniel Felton.§ 

Another return, of the same date, with appraisers, Joshua 
Rea,f Henery (his mark) Keny, Francis (his mark) Nurse and 
Nathaniel Felton.§ 

Copy taken from the Salem town book, by Jno. Corwin,§ in 
the name of the selectmen: " Att a Generall Towne meeteing held 

*See files on p. 269 marked (*). § Autograph. 



272 ipswich quarterly court [Mar. 

Apr. y e 5, 70, It's ordered that there shall be a New meeting 
house built for y e worship and Holy Servis of God in publicke 
and that it be about 60 foott long 50 foott wide & 20 foott high 
in y e stud and to be sett at y e west end of y e old meeteing house 
toward y e Pryson And m r W m Browne Sen r Capt. George Cor- 
win Edmond Batter and Mr. Bartholmew are Impowred to agree 
w th Carpenters and other workemen for to build y e s d house & 
finish itt Nott exceedeing y e sum of one thousand pounds price." 
"Att a Generall Towne meeteing held y e 18 th da 5 mo. 1670. 
It's ordered that y e payment for y e Building y e meeting hous 
shall be Raised by a Rate y e Select men are Impowred to make 
& Raise y e Rate for paiment of Som for building a New meeteing 
house." 

"Instructions giuen to y e selectmen An. 19. 1 mo. 1667-8. 
1. We desire of & expect fro you that you be Carefull to obserue 
all those things that you are Injoyned to p Law of y 6 Country 
that soe y e Towne May not sufer for yo r neglect therein. 2. 
You shall neither giue sell nor Exchange any Land belonging to 
y e Towne. 3. You shall Rayes noe money nor Town Rate 
w th out y e vote of y e Towne. 4. You shall noe ways Ingage 
y e Towne soe as to bring them unto debt except in case of nesessity 
of y e poore wherein we desire to Incourage yo. 5. We desire 
yo to take Care of y e heard & Bulls & in all these we desire God 
may be w th & help yo." 

Capt. Walter Price and John Corwin were appointed, Mar. 27, 
1674, to answer for the town in this action of replevin brought 
between Nathaniel Putnam and John Pease, constable, in re- 
fusing to pay rates toward the new meeting house. Copy made 
by Jno. Corwin, and attested by the selectmen and undertakers 
of the meeting house, Henry Bartholmew,* Wm. Browne, jr.,* 
Ed. Batter,* Wm. Hathorne, sr.,* George Corwin,* Joseph Graf- 
ton* and Richard Prince.* 

"Att a Generall Towne Meeteing held y e 22 da. 1 mo. 1671-2 
Voted y* y e farmers that now are or hereafter shall be willing to 
Joine togeather for y e prouideing a minister among themselues 
whos habitations are aboue Ipswich highway fro y e Horse Bridge 
to the wooden Bridge at y* hither end of m r Endicot's plaine and 
from thence upo. a west line shall have Liberty to haue a minist r 
by themselues and when they shall haue procured one & pay 
him maintenance y* then they shall be discharged from theire 
part of Salem minisfs Maintenance and this to Continue as long 
as y e Minist 1 ' abides w th ym & is maintained by them Prouided 
allways they shall bare all other Charges whateuer among them- 
selues both w th Respect to theire meeting hous & Minist r s house 
or otherwise whatsoeuer in Carying on this worke & alsoe bare 
theire porportion of all other publick Charges in y e Towne." Copy 
made by Jno. Corwin.* 

* Autograph. 



1674] RECORDS AND FILES 273 

Petition, dated 1 mo. 1669-70, "We whose names are here 
subscribed taking into consideration the motion that is now on 
foote concerning the building of a new meeting house now at 
Salem haue with one consent agreed not to contribute to the 
same at all (not knowing how long it may bee beneficiall to us) 
unles you likewise of the towne will beare share with us when 
wee shall build one for our selues." Signed by John Porter, sr.,* 
Thomas Putnam,* Richard Leach,* Nathanill Putnam,* Thomas 
Fuller,* John Putnam,* Joshua Rea,* Robart Prince,* Joseph 
Hutchinson,* Joseph Holton, Nathaniell Ingersall, James Had- 
lock, John Wilkins, Zerobabel Endecott,* Henery Kenney, John 
Leach, Thomas Small, Bray Wilkins, John Gingell, Thomas 
Wilkins, Philip Knight, Richard Hutchenson, John Buxton, 
Jonathan Walcot, Jobe Swinerton, jr., Edward Bishop, Joseph 
Herick, Jeremiah Watts.* 

"Att A generall Courtt Held at Boston the 8 th of October 1672: 

"In Answer to the petition of Farmers of Sallam The Courtt 
Judgeth it met to order that all parsons liuinge within y* tract 
of land mentioned in the Town Grant to the petitioners: to- 
gether with all lands & Estates lyinge within y e said boundes 
shall contribute to Al Charges Referinge to the maintinance of a 
menistrye or Erectinge of a metinge hous thar: & that thay 
shall haue liberty to nominate & Apoint parsons Amongst them 
selues or toune of Salam not Exsedinge the nomber of hue whoe 
are hereby Impowred from tim to time for the makinge & Gath- 
ringe of all Rats & leuies for the ends Aboue expresed : & that in 
cas of Refusal or nonpaimentt of the same bye anye parson or 
parsons a mongst them: that then the Constables of Sallam, 
shall & herbye Are Impowred to make destres Uppon the goodes 
of Anye that shall so neglect or Refeus to to deliuer to the par- 
sons aforsaid to be Improued acordingely: & that when a menis- 
try shall be setled amongst them thay shall be freed from Con- 
tributinge to the maintinance of the menistrye at Sallam." 

George Corwin, aged about sixty-three years, deposed that 
"hee being one of the fower that the Town of Salem did chuse 
to make an agreement with Jn° Fisk for the building of the new 
meeting house att Salem and suddenly after it was known that 
wee had agreed with him for mony and goods, severall of the far- 
mers which now Refuse to pay theire Rates without suite, came 
unto me, and ernestly desired me to speak with M r Fisk for 
otherwise they knew not how to pay their mony parts amongst 
the which Corp 11 Jn° puttnam Josua Rey & Henry Keeny, and 
desired me ernestly to speak with Jn° Fisk that they might haue 
the drawing of the timber and told me that they vnderstood that 
the said Fisk had or was near about an agreement with William 
Dodge for drawing of the s d timber, and said they thought it 
was unreasonable that any men of other towns should draw it 

* Autograph. 



274 IPSWICH QUARTERLY court [Mar. 

seeing they must pay their shears to the building of the s d house, 
vpon which I did speak to Jn° Fisk of it and told him that it was 
butt Rationall, that those of our town should draw the timber, 
seeing they must help pay to the bilding of it, to which he made 
reply and said he thought so to, and did wish hee had known 
it sooner that they would haue drawn it, butt nevertheles 
speaking with them they using the same arguments to him as 
he said, and they said they could not pay better then by work- 
ing it out which moved him to break of as hee said from Dodge 
& Comp y and to agree with them, although he was to giue 
dodge & Comp y twenty shillings to Release him as he said, and 
farther some of the Farmers hath paid Long since, as Left 
Puttnam paid vnto me for Jn° Fisk his use fiue pownds Robert 
Prince fifty shillings, and some others of them say also that 
they will pay, butt are not able att presant." Sworn by Capt. 
Corwin and John Fiske, 31 : 1 : 1674, before Wm. Hathorne,* 
assistant. 

John Putnam and Joseph Huchinson testified that "beinge at 
a town metinge at Sallam in the Yeare seuenty wharein the mater 
wos to be desided whether the ould meetinge hous should be 
Repaired or a new hows Bilded: Thare beinge seuarell of the 
farmors sent in a wrightin wharein wos y e subscription of seuarall 
parsons: that thay would not Contrebute to the Buildinge of a 
new metinge howse without the town would Contrebute to us 
in the buildinge on for oure selues: lef tenant putnam & John 
putnam wos desired by us to giue this wrighting to be Reead in 
the Towne metinge: Capt. Corwin wos moderator for that day 
& Receiued a paper of left putnam: which wos that paper as 
wee do consaiue: which we did subscribe too & he beinge often 
desired to read that wrightinge would not read it till the vote was 
past: & thare beinge no negative vote we had no oparteuintye 
to show ower mindes." Sworn in court. 
The law produced as evidence: 

"Pagge y e first no mans Life shall be stained No mans Person 
shall be a Rested Restrained Banished dismembered Nor any 
ways punished No man shallbe depriued of his Wife or Chil- 
deren, no mans Goods or Estate shall be taken away from him 
nor any ways Indamaged. under Colour of Law or Countynance 
of athority Vnlesse it be by Vertue or Requity of some Expresse 
Law of ye Contery, warranting y e same; Established by a Gen- 
erall Court & suficently Published, or in Case of y e defect of a 
Law, in any perticular Case by y 6 word of God. 

"In Page y* 5 50. That Euery man whether Inhabitant or 
former, free or not Free shall haue Liberty to Come to any Pub- 
lick Court, Counsel or town meeting & Either by speech or writ- 
ing to move any Lawfull seasonable or meteriall question or to 
present any Necessary motion Complaint Petition Bill or In- 

* Autograph. 



1674] RECORDS AND FILES 275 

Andrew Heyden v. James Bayley and Ezekiell Northend. 
Debt. Verdict for plaintiff. Damages in corn and butter.* 

Walter Fairefield, son of John Fairefield, and heir to Elizabeth, 
his mother v. Daniell Kellam. Trespass. Verdict for defend- 
ant.f 

formation whearof y* meeting hath Proper Cognizance, so it be 
done In Conueniant time, due order & Respectiue maner. 

"In Page 78. That all & Euery free man & all other athor- 
ized by Law Called to Giue any aduise voat verdict or sentence 
In any Court Counsill or Ciuill asembleg shall haue freedome to 
do it according to their Judgment & Consience so it be done 
orderly & Inofenceauely for y e maner & y* in all Cases Wherein 
any free man or other Is to Giue his vote, be it in point of Election 
makeing Constetution & orders or passeing sentence In case of 
Judicatuer or y* Like, if he Cannot see Light or Reson To Giue 
it positively on way or other, he shall haue Liberty to be silent 
& not pressed to a determinate vote which yet shallbe Interpred 
& Counted, as If he voted for y e negative & further y* where so 
Euer anything Is to be put to voat & sentence to be pronounced 
or any other mater to be proposed or Read in any Court or Asem- 
bley, if y e president or moderator shall Refuse to perform it, 
y* major part of y e members of y* Court or asemblee shall haue 
power to apoint any other meet person to do it & if their be Just 
Cause to punish him y* should & would not." 

*John Johnson deposed that he paid his part of the rate laid 
for Andrew Hiden's wages for keeping cows, in corn and butter, 
and that notice was usually given by the selectmen for his wages 
to be paid in such pay. Sworn in court. 

fWrit: Walter Fayerfield, son of John Fayerfield of Wenham, 
deceased, and heir to Elizabeth, his mother, deceased, sometime 
wife of said John v. Daniell Killam; for carrying away wood 
that said Walter felled upon land which his father gave to his 
mother and her heirs, about twenty-four acres in all, divided 
into two lots, that of nineteen acres where the trees were felled 
being in Ipswich, bounded on the south by the Ipswich and Wen- 
ham line, on the east by land that was bought of Giels Ferman 
and bounded b}' a highway called the new highway, and on the 
north by Master Hinksman's land, formerly Robison's, and on 
the west by land of Thomas Fisk and Henery Kemball, the title 
of the land to be determined; dated Mar. 11, 1673-i; signed 
by Robert Lord, J for the court; and served by Jon. Lee, J deputy 
for Robert Lord, J marshal of Ipswich, by attachment of cattle. 

Henery Kemball, aged about fifty-six years, deposed that 
about Dec. 25 last, he saw Walter Fayerfield and John Bisson 
fell trees in the nineteen acre lot, which was part of the parcel 

% Autograph. 



276 ipswich quarterly court [Mar. 

John Johnson v. Thomas Remington. Debt. Verdict for 
plaintiff.* 

that was formerly in partnership between John Fayerfield of 
Wenham, and Joseph Bachelder. Also he saw Daniell Killam 
carry away part of the wood, John Gilbird and said Walter being 
present at the time. Sworn in court. 

Samuell Fiske, aged about twenty-four years, deposed that 
Walter Fairefild often complained of his brother John Fairefild 
for not making up his part of the divisional fence between them 
about two years ago, and about two or three years ago John 
Fairefild was at about 5s. cost in money to straighten the line 
on Edward Cobrun's side, between said Cobrun and him. Sworn 
in court. 

Richard Hutton deposed that Walter complained of his brother 
John but the spring before he died, the whole was finished, and 
the land sued for was on John's side of the divisional fence from 
the lower end up to the highway. Sworn in court. 

Copy of the Ipswich court record of Mar. 26, 1667 and the will 
of John Fairefeild, made by Hilliard Veren,f cleric. 

Daniell Killum's bill of cost, 2s. 

Mathew Edwards, aged about forty-two years, deposed that 
he was asked by Walter Fayerfield to go to Wenham to show to 
Henery Kimball, John Gilbird and John Bisson the bounds of 
this land in controversy which belonged to deponent's uncle, 
John Fayerfield, and he and Petter Paulfry and Richard Petingell 
made the division, etc. Sworn, 18 : 1 : 1673-4, before Wm. 
Hathorne,f assistant. 

Thomas Feske, aged about forty-three years, deposed. Sworn 
in court. 

John Gilbird, aged about seventeen years, deposed that 
Daniel Killam, jr., desired him to help sled wood, etc. Sworn 
in court. 

John Bisson, aged about seventeen years, deposed that he 
helped sled the wood, etc. 

Richard Pettingell, aged about fifty-four years, deposed. 
Sworn in court. 

*Writ, dated Mar. 25, 1674, signed by Tho. Leaver,! for 
the court; and served by Jeremiah Elsworth,f constable of 
Rowley. 

John Watson, aged about thirty years, deposed that about 
five years ago, he and Thomas Remington were speaking about a 
bargain that he made with John Johnson, which was contained 
in a bill dated Dec. 20, 1668. He was to pay 81i. 15s., one-half 
in wheat or barley and half in pork, for a mare and a cow, etc. 
Sworn in court. 

t Autograph. 



1674] RECORDS AND FILES 277 

John Johnson v. Thomas Remington. Verdict for plaintiff.* 

*Writ: John Johnson v. Thomas Remington; for not making 
good to him the rights of one gate and a quarter in the east end 
ox pasture at Rowley, sold by said Remington to said Johnson, 
and the pay received, Johnson having occupied it about ten 
years, and now again occupied by Remington by putting his 
cattle there; dated Mar. 25, 1674; signed by Tho. Leaver,f for 
the court; and served by Jeremiah Els worth, f constable of 
Rowley, by attachment of house and land of defendant. 

John Johnson's bill of cost, 21i. lis. 4d. 

Thomas Teny, aged about sixty years, deposed that Johnson 
had owned the gate and had maintained the fence ever since 
about the time that John Teny was married, which was about 
ten years ago. Sworn in court. 

John Watson deposed that Remington told him that Johnson 
paid him 50s. in wheat and pork for the gate, all except the wood. 
Sworn in court. 

Henry Reily deposed that Remington told him, knowing that 
he was appointed to pound cattle, that he had put two cows into 
the ox pasture. This was a month before the breaking up of 
the common field. Sworn in court. 

James Barker deposed that nine or ten years ago, hearing that 
Thomas Remington had a gate to sell, he inquired about it but 
found the price was too high, etc. Sworn in court. 

Andrew Hiden, cowkeeper, deposed that Remington said he 
had a right to put his cows into the ox pasture on account of the 
gate that he sold Johnson. Sworn in court. 

Samuell Brocklebanke,f keeper of the town book of records, 
affirmed that as far as his observation went and upon search of 
the records, the only claim to ox pasture was by virtue of fenc- 
ing it in and nothing but herbage could be claimed on any other 
account. As for timber, rock or mines, if any were found, they 
should be in common. 

Ezekiell Northend deposed that having discoursed with Thomas 
Remington about the land he purchased of John Teny, etc. 
Sworn in court. 

John Pickard deposed that he knew Johnson paid for the gate 
about three years ago. Also that Thomas Remington complained 
to deponent that they pounded his hogs several times for getting 
into the ox pasture and said it cost him about 16s. and entreated 
deponent's help. One argument he used was that he had sold 
his rights to deponent's brother Johnson, and if he had kept 
them he would have been dealt with better. Remington's wife 
affirmed the same. Sworn in court. 

Richard Holms, aged about sixty years, deposed that gates 

t Autograph. 



278 ipswich quarterly court [Mar. 

Erasmus James, John Legg, James Denis and Nath. Wallton, 
in behalf of the commoners of Marblehead v. Robert Bartlett. 
For breaking the order. Verdict for plaintiff. Appealed to 
the next Court of Assistants. Robert Bartlett bound, with 
John Williams and Wm. Beale, sureties.* 



were let in that pasture for 10s. a gate by the year, etc. Sworn 
in court. 

John Pickard deposed that 201i. damage would not be so good 
to John Johnson as the thing in controversy. Sworn in court. 

Richard Holms deposed that he would not sell one gate for 
161i. Sworn in court. 

* Petition, dated Mar. 24, 1674: "Whereas there Are Seuerall 
Actons Comensed by Erasmus James, John Legg, James Den- 
nis, And Nathaniell Walton und r the Denomination of Agents, 
or Attorneys to the Comone" or Town of Marblehead. There- 
fore Wee Whose names Are und r Written Doe utterly Disown 
Any Such Act or Pow r giuen them, or that Euer there was any 
Towne meeting for such A purpose or Any Pow r giuen them of 
Such A Nature Alsoe Wee utterly Disown and protest Against 
itt thatt Euer we gaue all or any of o r Townes men any Manner 
of ord r to Call any p r son or p r sons to An Ace* for Any thing of 
such A nature as is Declared In there sumonses, o r that wee euer 
Impowred the selectmen to ord r Constitute or Appoint any soe 
to Doe but Wee most Humbly Conceiue that the thing in hand 
Is As Followeth viz* 

"That A partt of the Inhabitants of the towne Lay Claime 
to all the vacantt or Comon Lands Herbidg & Appurtenances 
thereunto belonging Within the bounds of the said Towne & to 
bring there purpose to pass they haue made many Illegall orders 
und r the notion of Towne Acts. Also Some of Them haue 
most Illegally As Wee Conceaue Lotted outt seuerall Lottments 
of our Towne Comons to bee there own prop r Estate and pro- 
prieties Against which Actions soe Irregularly Done as Wee 
Conceaue we Being Intrested in y e same title as Free Houlders, 
According to the Laws Established in this Collony Doe utterly 
protest against All Such Acts Done by Partt under the notion 
of A whole Town Act; And whereas the Towne made Choise 
of an Able Man for Record r To keep the Towne Booke They 
haue fraudelantly gott Away the said Book & keepe it & Deny 
vs A Town Meeting notwithstanding the Selectmens Time Was 
out the Fifteenth Day of this p r sent March. Also for the Caus- 
ing an end of Publiq worke, as Ministry Scooles, Alms for the 
poorer Sortt & the Like if it Doe not proue to the utter De- 
populating yett Itt will proue to the utter undoing of soe use- 
full A place as this is for the Benefit of the Comon Wealth." 



1674] RECORDS AND FILES 279 

Signed by John Brimblleecom, John Pedrick, Samuell Morgin, 
Thaddeus Redden, William Beale, Samuell Nickloson, William 
Pitt, Cristopher Lattimore, Vincent Studson, Robert Hoopper, 
John Rodes, Ben. Parminter, Thomas Dixy, Henry Trivet, 
Robert Bartlet, Elias White, Jesper Greffen, John Pedrick, 
Thomas Sowden, Henry Russell, Richard Haniver, Mathew 
Clarke, Samuell Red, Thomas Teiner, Samuell Candy, Thomas 
Trefry, Mathew Salter, James Smith, Roger Russell, Edward 
Holeman, Jeremia Gachell, John Hutson, Abraham Allen, Jona- 
than Gachell, and Thomas Russell. 

Erasmus James' bill of cost, 41i. 16s. lOd. 

Letter of attorney, dated Marblehead, Jan. 13, 1673, given to 
Erasmus James, John Legg, James Dennis and Nathaniell Wal- 
ton by Moses Mavericke,* Samll. Ward,* John Peach, sr.,* 
Richard Rowland, Robert Knight, John Peach,* Richard Nor- 
man, John Woldron, John Codnor, Tommas Petman, Marckes 
Petman, Willam Woods,* Neckleas Merratt, Elias hendly, 
Thomas Smeath, William bartell, Loat Connent, William neck, 
John Deverickes, sr.,* Will. Poat,* John gachell, sr., John Legge, 
thomas boyen, John northy, the widow bartell, Eliner Steacy, 
thomas Roads, Joseph dolleuer, henery Steacy, marget bennet, 
James wates, rishard downing, rishard reed. 

Cristopher Lattimore and Samuell Morgon testified that at a 
town meeting in Marblehead in the beginning of the year Mr. 
Thaddeus Radden was chosen to keep the book called the Town 
book, and it was delivered to him at that meeting. Sworn in 
court. 

William Beale, aged above forty years, deposed that Mr. 
Francis Johnson told him that he could neither attest nor swear 
that the book called Marblehead town book was a true copy 
of the records of those things that were transcribed out of the 
old book, neither was the old book whole, but several leaves 
had been torn out before he transcribed it. Sworn in court. 

" Marblehead Aprill the 10th 1671 

"The men Chosen by the plantation: being mett for stintinge 
the commons that there might be an equaall proceeding had; 
haveing respect to the famillies according to theire former Com- 
mon charges: finding the Commons: but littell as we conceiue 
to pasture not more then 50 head of great Cattell or Cowes ac- 
counting a Horse or Mare as two Cowes two yearling Cattle: 
for one Cow Fouer Goats or Sheep to a Cow : a Steer or Bullocke 
of two yeare old as a Cow: the number of the families in the 
plantation being 44 families: thus stinted: James Smith and 
Rowland, 1 Cow; Samuell Dallaber, 1; John Gatchell, 1 1-2; 
Edmond Nicolson and Simson, 1 1-2; William Barber, 1; David 
Thomas, 1-2; John Legg, 1; Peter Pitford, 1-2; Erasmus James, 
1; Thomas Bowing, 1; John Stacie, 1; Georg Ching, 1; John 

* Autograph. 



280 IPSWICH QUARTERLY COURT [Mar. 

Northy, 1; Nicolas Merrett, 2; Thomas Pitman, 1; Timothy 
Allen, 1; Thomas Sams, 1; Arthur Sanding, 1 1-2; Isaack Aller- 
ton, 2; Moses Mavericke, 3; Mr. Wm. Walton, 2; John Lion, 
2; Henery Stacie, 1-2; William Chichester and Samuell Cor- 
withing, 1; David Corwithing, 1; Thomas Gray, 1; Richard 
Norman, 1; John Peach, jr., 1; Richard Curtis, 1; John Hartt, 
2; William Charles, 2; John Deverux, 2; Abraham Whiteare, 1; 
John Peach, sr., 2; John Bartoll, 1; Joseph Dollebar, 1; Robert 
Knight, 1-2; John Bennett, 1; Francis Johnson, 1; Walsingham 
Chilson, 1-2; John Norman, 1; William Luckis, 1; Christopher 
Latamore, for John Goyt, 1; total, 51 cows. Signed by Moses 
Mavericke, Aurthur Sanding, Richard Norman, William Charles. 
John Hartt, John Peach, and John Lion, townsmen. 

"Anno 1650. Itt is agreed that noe man shall keep any Cattell 
vpon the Commons beyond the stint without the consent of 
the purchasers upon the penalty of twenty shillings a head 

"Aprill the 6 th Anno 1661. Att a generall Towne meetinge: 
the order for the Commonage of Cattell and theire stint being 
in the yeare 1650 is this day voted to stand : John Bartoll Senior 
and John Peach junior is chosen to looke to the execution of this 
order aboue expressed about the Commons and cattell. 

"October the 21 th 1662. Itt is agreed that the Townsmen 
now being and those that shall be Townesmen for time to come 
shall haue power and also are inioined to see the order of com- 
monage to be executed: and that for time to come there shall 
bee none chosen to be Townsmen butt such as are Commoners 

"February 17 th Anno 1663. Att a generall Towne meeting: 
itt is agreed by the Commoners of the Towne that there shall 
not any Cattell be keept on the Commons: but by those that 
haue propriety in the said comons vpon the penalty of twenty 
shillings: According to a Towne order made in the yeare 1650: 
Therefore all the Inhabitants that haue noe commonidge are 
required either to keep noe Cattell or procure commonidge of 
those that haue more then they use: 

"March 19 th 1668 : 69. Att a generall meeting of the Com- 
moners and purchasers Richard Rowland John Peach Senior 
and Joseph Dallabar are chosen to looke after the Commons and 
those y* to the order made 1650 : 

"March the 15 th 1672 : 73. Att a generall meetting of the 
Commoners itt is agreed that the penalty for keeping of a Cow 
vpon the Commons: without Commonage shall be the some 
of ten shillings euery Horse or Mare accounted for two Cowes 
euery two yearlings for a Cow foure Sheep For a Cow: and 
euery person offending herein shall be liable to haue the penalty 
aboue said to be distrained vpon his goods by the persons ap- 
pointed to looke after this order: which are for this year the 
same that were chosen the last yeare: Namely Nathaniell wal- 
ton and Robert Bartlett: who are to haue one quarter part of 



1674] RECORDS AND FILES 281 

what they gather for theire paines: giueing a true account of 
the rest to the Commoners." 

"Wheras Richard Rowland John Peach Sen r or Peach Jun r 
By reason of an ackt dated March ye 11 68 : 69 : haue taken 
ockcasion to Commince & prosecute som suites in law against 
som of y e inhabitants of Marblle Heade y e which powre wee 
doe not understande was then giuen to them or intended by any 
at y l Towne Meeteinge & alsoe doe Conceiue it to tende to A 
uery euill consequence uppon diueus weytey Considerations 

"We therfore whose names are here under written doe order 
yt ye persons abouenamed for y e time to com meddle not to sue 
any person under y e Colloure of a powre deriued from towne 
or commoners & that speedyly they giue up an ackcompt of 
theire ackting & pay what they haue reciued of all or any per- 
son whatsoeuer dated this 24 feb. 71 : 72 : Niccolos Merrit, 
Ambros Galle, Richard Riffe, Richard Norman, Mathew Clark, 
John Waldron, Thomas Dicsey, Robert Knight, Nathannell 
Walton, Will. Beaile, George Bonfild, Robert Bartlett, James 
Dines, Samuell Walton, James Wates, Marke Pitman, Will. 
Bartol, Thomas Smith, Edward Reeding, Will. Neck, Frances 
Collan, Christoper Lattamore, William Poat." 

Christopher Neck, aged about forty-one years, deposed that 
he wrote the foregoing by order of the men within specified, 
who desired him to set their names thereto, which he did. Also 
that he read it to them and they owned it to be their own act, at 
a public town meeting in Marblehead. Sworn, 30 : 1 : 1674, 
before Wm. Hathorne,* assistant. 

Christopher Lattimore and William Beale, sr., deposed that 
about sixteen or seventeen years ago, at a town meeting "y* 
old inhabitants," so called, complained that the town was originally 
in debt for disbursements laid out at the first settling of the town 
with reference to common charges "in feching y e minister build- 
ing of y e meeteing house & ye like; obiecttion was made that 
it beelonged to those y* came first To pay their one engagements 
& much such like discourse aboute ye aforsayed matters; answer was 
made by ye old inhabitants yt ye new comers had as much preueledg 
in ye Towne as ye first Comers exepting that w ch they bought with 
their monej r ; then it was put to vote in ye Towne meeteing & ye 
vote carryed it & a rate was made & ye Towne was cleared oute 
of debt with respeckt to ye old errages; alsoe ye sayed deponents 
testifie yt ye afore sayed Commons hath been common to all 
ye inhabitants for cutting timber firewood and flake stuff & all 
sorts of underwood & ye like without exeption to any of ye in- 
habitants or fishermen; as for stinteing of hogs or cattell wee 
are stranger to that not knowing of a legall stinte on either of 
them." Sworn in court. 

* Autograph. 



282 ipswich quarterly court [Mar. 

Petition for a town meeting on Mar. 16, 1674, "wee desire it 
ye more because wee Suppose ye inhabitants are now most at 
home & urgent occasion requires it; aboute eight of ye clock in 
morning," signed by Thaddeus Riddan,* Christopher Lattemer,* 
William Beale,* John (his mark) Brimblelcom, Frances Girdler,* 
Benimen Parmiter,* John (his mark) Studson, Samuell Conndy,* 
John (his mark) Rodes, sr., George (his mark) Peeke, Thomas 
(his mark) Sowden, Nickolas (his mark) Andrewes, Thomas Tre- 
fry,* John Hooper,* Thomas (his mark) Teyner, Samuell (his 
mark) Nickleson, Samuell (his mark) Red, Edward (his mark) 
Holeman, Richard (his mark) Hanniver, Henrie Russell,* Steeven 
Griggs,* Thomas (his mark) White, Andrew (his mark) Tucker, 
Elias White,* John (his mark) Bartlett, Thomas (his mark) 
Dixee, sr. or jr., Georg (his mark) Bonfielde, Robert Bartlett,* 
William Pitt,* Henry Treuet,* Vincent (his mark) Studson, 
Gabriell (his mark) Holeman, John (his mark) Harriss, Thomas 
(his mark) Bowen, Richard (his mark) Rowlande, Wm. (his 
mark) Neck, Robert (his mark) Hooper. 

Francis Johnson, aged about sixty-seven years, deposed that 
he was the keeper of the town book and after another had been 
chosen and kept the book for some years, it was returned to him 
again. Then he found that several leaves had been cut or torn 
out. Further that there was a general town act for the clearing 
of all "former Towne Relagies & it was one this Accompt that 
those that the Town was indebted to should take that Rate and 
not to Require any former Relages any more." Sworn, 28 : 1 : 
1674, before Wm. Hathorne,* assistant. 

Jeffery Massey, aged about eighty-two years, deposed that 
long since by Salem town orders, he laid out lots, both small and 
great, on Marblehead side, but "I doe not Remember that euer 
I was Called by any of the Inhabitance of marblehead to make 
a devident of the pasteringe called marbelhead Comons." Sworn, 
28 : 1 : 1674, before Wm. Hathorne,* assistant. 

Edward Reed, aged about sixty years, deposed that he asked 
for a town meeting to be called, but the selectmen refused, etc. 
Sworn, 28 : 1 : 1674, before Wm. Hathorne,* assistant. 

Thaddeus Ridden, aged about forty-nine years, testified that 
he went to Mr. Rawson, the secretary, to inquire whether Mar- 
blehead was allowed by the General Court to be a town, and 
Mr. Rawson showed him the record in 1649. Sworn in court. 

Ben. Parmenter deposed that it is about twenty years since 
the land where Robert Barlet lives was first occupied by a dwell- 
ing house. Sworn, 30 : 1 : 1674, before Wm. Hathorne,* as- 
sistant. 

Benjamin Pammiter, aged upwards of sixty years, deposed 
that about twenty years ago in a town meeting, the old inhabit- 
ants complained that the town was in debt to them, and a rate 

* Autograph. 



1674] RECORDS AND FILES 283 

Erasmus James, John Legg, James Dennis, and Nath. Wallton, 
in behalf of the commoners of Marblehead v. Christopher Latti- 
more. For breaking order. Verdict for plaintiff. Appealed 
to the next Court of Assistants. Christopher Lattimore bound, 
with John Williams and Wm. Beale, sureties. 

Lift. Samuell Appleton v. Samuell Hunt. Special verdict. 
If this action comes under the penalty only of the law which 
speaks of ten shillings for a man's taking another's horse without 
leave, they find for plaintiff 10s. damage and the horse to be 
returned, otherwise for plaintiff 30s. damage and the horse re- 
turned.* 

was made in which deponent paid his share. He has heard 
several of the plantation complain of the greatness of the rates in 
Marblehead and some of the "old standers" have answered them 
that they had as much privilege in the town as they had themselves. 
Sworn, 30 : 1 : 1674, before Wm. Hathornej assistant. 

Benjamin Pammiter deposed that William Beale brought in 
a protest at a Marblehead town meeting against the truth of 
the town book, that the protest was owned and the book con- 
demned to be false, and he did not hear anyone at that meeting 
justify the truth of it. Also he deposed that according to his 
best skill in feeding cattle, Marblehead commons pastured yearly 
three hundred head of cattle, etc. Sworn, 30 : 1 : 1674, before 
Wm. Hathorne,f assistant. 

Elias White, aged forty-five years, deposed that the old in- 
habitants claimed they were in debt for "feching in ye old minis- 
ter & building y e meeteing house & y* 5 like Common charges." 
Also that he paid his share of the rate and had kept cattle and 
hogs on the commons for the past ten or eleven years. Sworn, 
30 : 1 : 1674, before Wm. Hathorne,t assistant. 

William Beale, aged upward of forty years, deposed that when 
the suggestion was made to sue for trespass, they all concluded 
that they would be arrant fools to empower anyone to do so. 
Also that when the town book was condemned to be false. "I 
thinke som there ded Burne it." Sworn in court. 

James Smith, aged upward of fifty years, deposed that Mr. 
Thaddeus Radden was chosen one of the selectmen in 1673, and 
also recorder, etc. Sworn, 30 : 1 : 1674, before Wm. Hathorne,t 
assistant. 

Cristopher Lattemore, aged upward of fifty years, deposed. 
Sworn in court. 

* Anthony Potter and Esaiah Wood deposed that about three 
weeks ago they heard Goodman Hunt ask Leaftenant Apleton 

t Autograph. 



284 ipswich quarterly court [Mar. 

Sam. Hunt v. Thomas Knowlton. Defamation. Verdict for 
plaintiff.* 

Mr. John Paine v. Deacon Moses Pengry. Withdrawn. 

Mr. Wm. Hubbart v. Ruth White, administratrix of Thomas 
White. Debt. Verdict for plaintiff, damage 361i. only in the 
saw mill.f 

if he would deliver up his horse to him, that his son took from 
Thomas Bordman. The Leaftenant replied and asked de- 
ponents to bear witness that he demanded a horse of Goodman 
Hunt that he took out of his stable. "What I," said Goodman 
Hunt, "yes, you," said the Leaftenant, or "by your order," etc. 
Sworn in court. 

*Arter Abbet, aged about thirty-four years, deposed that some 
time the last spring one morning before day, he and his wife 
heard the dog bark at the barn and he told his wife he thought 
there must be somebody in the barn stealing hay. Hearing the 
dog continue to bark, he arose at the dawning of day and saw 
somebody there, for the barn was open so he could see through. 
He called Jonas Gregori who said if anybody was taking hay, it 
was being stolen, for he had given no one leave to take any. 
They both went to the barn where thy found Sammuell Hunt 
making up a bundle. Said Hunt told them that he intended to 
make up the bundle and then talk with them about it. Sworn 
in court. 

fWrit, dated Mar. 11, 1673, signed by Robert Lord,| for the 
court; and served by Walter Fayerfield,| deputy for Robert 
Lord, J marshal of Ipswich, by attachment of the sawmill in 
Wenham, which was built by Thomas Whitt, Thomas Fiesk and 
Walter Fayerfield. 

Notification of attachment to Ruth White, relict of Thomas 
White, and administratrix appointed by the court. 

Bond, dated May 26, 1669, Thomas WhiteJ of Wenum to 
Seth Perry of Boston, for 31i. 5s., to be paid in pork, malt or 
barley, in consideration of a drum that White bought of him. 
Wit: Samuel AldridgJ and Joseph Proutt.J 

Bond, dated Apr. 7, 1669, Thomas White! of Wenham to 
Henry Bennitt of Ipswich, for 61i., to be paid in English corn 
and Indian corn, delivered at Ipswich. Wit: Jacob Bennett. t 

"Mr Willi. Hubard pray deliuer to the bearer hearof hezeciah 
an Indian: the sum of fiue shillings in mault & Charge it to the 
Account of him who is yours at Comand Thomas White. J this 
8 Jully 1672." 

Peter Brackett'st receipt, dated Mar. 20, 1673-4, to Mr. Hubert, 
minister of Ipswich, for twenty pounds in butter, cheese and 

^Autograph. 



1674] RECORDS AND FILES 285 

Mr. Wm. Browne v. Edward Wooland. Debt. Verdict for 
plaintiff. 

Hugh Marsh v. Wm. Sargent. Debt. Verdict for plaintiff, 
in wheat and barley. 

Mr. Wm. Norton v. Nickolas Listen. Debt of 8,000 mer- 
chantable pine boards. Withdrawn. 

Deacon Thomas Knowlton v. Henry Lenard. Debt. Ver- 
dict for plaintiff.* 

malt, which was by the appointment of Tho. White of Wenham 

Wm. Hubbard's declaration: "Whereas I was indebted to 
Thomas White of Wenham in ye yeare 1671, seventy five pound, 
I was induced by y e entreaty of y 6 sayd White not only to let 
him have sundry things w ch he wanted, but also to make sundry 
payments for him to severall of his creditors, in so much that 
when I came to looke over his account after his death, I found 
that I had made payment of above thirty pounds more than 
I owed him, partly by what I had formerly disbursed, and partly 
by what I had by his desire & order engaged to doe, and so was 
forced to pay it at ye Demand of his Creditors." The account 
follows : 

Thomas White, Dr., to Wm. Hubbardf since 1671, by 32 
gallons of licors from Mr. Duncon, 811. ; a payre of oxen in 1671, 
1111. 5s.; by mony payd him May, 1671, 511. ; by goods from 
Boston, 1671, 211. 15s.; by Mony, May 27, 1671, 211. 10s.; by 
mony paid Mrs. Sands for him, 13s. 7d.; pennistone, 13s.; 2 
lb. of Indian corne by J. Sparks, 6s.; by a rate of ye Towne, 
10H. 12s.; Sept. 26, 1671, in goods, Hi. Is. 6d.; in money, Sept. 
27, 1671, 5s.; payd Mr. Waynwright for him, 1672, 311. 10s.; 
payd Deacon Goodhue for him, 811. Is. 5d.; 21b. of Mault, 9s.; 
pd. Hezakial, Indian, for him, 5s.; 8 1-2 lb. Indian corn, Hi. 
5s. 6d. ; by 2 Cowes, 711. ; by his order to his wife for giving up 
her thirds in some lands, 1811. 8s.; to Deacon Goodhue and N. 
Rust, Hi. 5s.; by a bill to Waynwright, Hi. 10s.; by 20 lb. of 
Mault, 41i. 10s. ; by a bill to Mr. Waynwright, 21i. 5s. ; payd, 
Mr. Bracket, 201i.; Seth Perry, 31i. 17s.; Henry Bennet, 611. ; 
Mr. Wilson, constable, 211. 8s.; total, 114H. Thomas White, 
Cr., by a bill, 7511. ; carting, 10s. Sworn in court. 

*Writ, dated Feb. 19, 1673, signed by Robert Lord,f for the 
court, and served by Robert Lord,f marshal of Ipswich. 

Abraham Knoulton deposed that he heard his uncle Knoulton 
and Mr. Lennard make up their accounts and there were about 
nine pounds due his uncle. Mr. Lennard received at the same 
time several pair of shoes. Sworn in court. 

Edmond Bridges deposed that Mr. Lenard promised to pay 

t Autograph. 



286 ipswich quarterly court [Mar. 

Henry Bennett v. Deacon Moses Pengry. Verdict for plain- 
tiff, 40s. or a confirmation of the land, at the defendant's choice.* 

Thomas Bishop v. Ens. John Gould and John Newmarsh. 
Debt. Verdict for plaintiff. Appealed to the next Court of 
Assistants. Ens. John Gould and John Newmarsh bound, with 
Symon Tuttle and John How, as sureties.f 

Thomas Knoulton for what shoes he had of him every half year 
in iron, barley or hides. Sworn in court. 

*Writ: Henry Bennett v. Deacon Moses Pengry; for refusing 
to give him a legal assurance of a deivision lot at Hog Island 
which Bennett exchanged with him for six acres of marsh at Plumb 
Island several years since; dated Mar. 20, 1673-4; signed by 
Robert Lord, J for the court; and served by Robert Lord,t mar- 
shal of Ipswich. 

Goodman Benite's bill of cost, 21i. 7s. 

John Roberts, aged about twenty-eight years, deposed that 
Henery Bennett let him a parcel of grass, next John Kimball's, 
for ten shillings, and when he went to mow the grass, Deacon 
Pengry's sons hindered him, claiming that Bennet had no meadow 
there, for it was theirs. Sworn in court. 

Thomas Perm deposed. Sworn in court. 

Phillip Fouler, aged about twenty-five years, deposed that 
he had the marsh at Plumbe Island by exchange with Henery 
Benet for a division lot at Hog Island. Sworn in court. 

Robert Lord, aged about seventy years, deposed that when the 
bargain was made the Deacon's wife brought a pint of wine for 
them to drink, and they with Robert Lord, jr., went to lay it 
out. There being a parcel of the same marsh that Pengry had 
bought of Samuell Lord lying next to said Bennett's marsh, 
they laid it out together, with the marsh of Robert Lord, jr., 
on one side, and the rest of said Bennett's on the other. Robert 
Lord., jr, testified the same. Sworn in court. 

Tho. Dennis and Moses Pengrey, jr., deposed. Sworn in court. 

Hennary Benit deposed. Sworn in court. 

John Robarts deposed that he went to Plum Island to cut 
grass on the marsh he had hired of Goodman Benit, but Good- 
man Pingary's sons forbade him, etc. Sworn in court. 

Moses Pengry, jr., aged twenty-four years, and John Pengry, 
aged about twenty-one years, deposed that they found Goodman 
Perine, John Robberts and two others mowing their father's 
grass. They told them that Bennet's marsh was on the other 
side next to Mr. Payns, etc. Sworn in court. 

Joseph Browne deposed that he mowed for Pengry, etc. Sworn 
in court. 

fThomas Bishop's bill of cost, Hi. 19s. 2d. 

% Autograph. 



1674] RECORDS AND FILES 287 

Margrett Bishop v. Nicolas Maning. Debt. Verdict for 
plaintiff. Appealed to the next Court of Assistants. Nicolas 
Maning bound, with Nath. Putman and Thomas Fiske, as sure- 
ties.* 

Rich. Thurla v. John Griffen. Debt. Withdrawn. 

Samuell Lenard v. Robert Lord, marshal. Withdrawn. 

Ens. John Gould v. Henry Lenard. Forfeiture of a bond. 
Verdict for plaintiff. Court moderated the bond from 201i. 
to 51i. 

Ens. John Gould v. Henry Lenard. Nonsuited. 

Mr. John Ruck v. Henry Lenard. Verdict for plaintiff, in 
bar iron. 

Samuell Bishop v. Georg White. Verdict for plaintiff. Court 
moderated the bond of 41i. to 5s. Thomas Bishop, in behalf of 
Samuell Bishop, appealed to the next Court of Assistants, and 
was bound, with Samuell Hunt as surety.f 

Samuel Bishop v. Robert Evans. Verdict for plaintiff. | 



*Bond, dated Nov. 24, 1671, Nicholas Maning, § gunsmith, 
of Salem, to Margaret Bishop, for 51i. 5s., to be paid at the now 
dwelling house of said Maning, in good anchors not weighing 
less than 100 weight each. Wit: Thomas Bishop II and Michael 
Endell.ll 

Letter of attorney, dated June 24, 1673, from Margaret Bishop 
of Ipswich to her son Thomas Bishop. Wit: Edmond Mar- 
shall || and Samuell Bishop. || 

fSamuell Bishop's bill of cost, 21i. Is. 6d. 

Nathaniell Wells, aged thirty-six years, deposed that being at 
Mistress Bishop's on Mar. 23, 1673-4, George White offered to 
give Mr. Samuell Bishop the bond which he was to give him. 
Bishop said it was too late and was unwilling to accept it. White 
asked deponent to witness that he offered it and was refused and 
White asked deponent to read it, but the latter noticing some 
differences between them, answered he would do so if the folks 
of the house were willing, etc. Owned by the plaintiff in court. 

|Peter Duncan, aged about forty-five years, deposed that he 
heard Robert Evens say that he had taken up goods of Mr. 
Jno. Freike of Boston for a fishing voyage in Mr. Samuell Bishop's 
ketch, in company with Samuell Elwell, and he heard some of 
the company say that Mr. Freike would not take up Even's bill. 
He also heard Evens acknowledge he had part of a barrel of rum 
that the said company had of Mr. Freike. Sworn in court. 

Jno. Freke's|| account of what Robert Evens and company 

§ Autograph and seal. || Autograph. 



288 ipswich quarterly court [Mar. 

John Saffourd v. Henry Lenard. Debt. Verdict for plain- 
tiff, in bar iron.* 

Mr. Peeter Duncan had his license renewed for a year, also 
his license for stilling and selling liquors. 

Hugh Marsh had his license renewed for a year, also his license 
for selling liquors. 

Ezekiell Woodward had his license renewed for a year, also 
his license for drawing liquors. 

Thomas Judkin had his license renewed until Salem court. 

Mr. Baker's license was renewed for a year, also his license 
for liquors. 

Edward Hassen's license was renewed for a year, also his 
license for drawing liquors. 

Merchant Wainwright, Samuel Bishop, Ens. Jo. Gould and 
John Stone of Beverly had their licenses renewed for a year. 

The following, being admitted to the freedom of this colony, 
took the freeman's oath: Wm. Colman and John Row of Glos- 
ter; Jo. Bager, Jo. Lunt, John Noyes, Cuting Noyes, Joseph 
Gerish and Josh. Browne of Newbury; Mr. Jo. Rogers, Mr. 
Sam. Cobbitt, Robert Kinsman, Tho. Clarke, Daniell Hovey, 
Abra. Fitt, Joseph Goodhue, Joseph Whipple, Phile. Dane and 
James Day of Ipswich. 

John Newman dying intestate, administration upon the estate 
was granted to Alice Newman, the relict, and an inventory amount- 
ing to 17211. was allowed. Court ordered that by consent of 
the brother of deceased, 381i. was to be paid to the brother and 
sister, two parts to the brother and one part to the sister, and 
the rest of the estate to the widow. 

Edward Richason was allowed cost in an attachment made 
by Mr. Dudly Bradstreet and not entered. 

Samuell Lenard acknowledged judgment to Phillip Crom- 
well in an anchor and bar iron. 

Thomas Davis, for stealing a bag of nails belonging to Mr. 
Symon Bradstreet, out of Nathaniell Pyper's bark, was ordered 
to be whipped and to pay all charges.! 

had of him, by Mr. Sam. Bishop: to 3 yds. Kersey 16s.; paper, 
8d.; 4 1-2 doz. Hookes, 15s. 9d.; to Rume, Hi. 2s. 7d.; to paid 
Jno. Kenne, 21i.; total, 41i. 15s. 

*John Saford's bill of cost, 21i. 8s. lOd. 

t Examination of Thomas Davis, aged about twenty-six years: 



1674] RECORDS AND FILES 289 

John Putman, for summoning John Pease to this court, with 
no action entered, was allowed costs.* 

Mr. Dudly Bradstreet was allowed clerk of the writs for An- 
dover. 

Mr. Dudly Bradstreet, Lift. John Ossgood and Ens. Tho. 
Chandler were confirmed commissioners to end small causes 
at Andover. 

There being a small farm left by Thomas Joanes for the use 
of his children, and court having put in Jerimy Meacham as a 
tenant, court now dismisses said Meacham and appoints Sam- 
uell Verry and John Smith to take the farm and the rest of the 
estate, and improve it for the children's use. The word tenant 
was mistaken. It should have been administrator. 

Robert Wallis dying intestate, court granted administration 
of the estate to Nicolas Wallis, his son, and an agreement of the 
children presented to the court, was allowed. 

In the complaint against Thomas Woodberry, putting him- 
self for trial upon a jury, the jury found him not guilty.f 

he confessed that on "Tuesday was seavennight," he went down 
to Nathaniel Piper's bark, and opening the hatches, went into 
the hold, took out a bag of nails which he brought to his shop. 
He put them under a heap of coals and since had disposed of 
them as follows: 8,500 shingle nails to Ezekiel Woodward for 
3s. 4d. per 1,000, to Quartermaster Perkins 600 board nails and 
the six penny nails, to Goodman Lovel 400 board nails, to Jacob 
Perkins about half a hundred, and to Ensign Gould about 5 
or 6 hundred of board nails. Left in the hands of Mr. Wilson, 
13s. 7d. Sworn before Daniel Denison.| 

Account of nails Simon Bradstreet| sent by Goodman Pyper 
to Ipswich, in a bag: 10,000 shingle nails at 3s. 9d., Hi. 17s. 6d.; 
2,000 board nails at 21s., Hi. Is.; 2,000 clapboard nails at 6s. 
6d., 13s.; total, 31i. lis. 6d. 

Bond for Thomas Davis' appearance at the next Ipswich 
court, dated Mar. 9, 1673-4, signed by Samuell Gravest and 
Andrew Peeters.J 

*Summons, dated Mar. 11, 1673, for appearance of John Pease, 
constable, upon complaint of John Putnam, for illegal distraining 
of his land under pretence of law, signed by Hilliard Veren,| 
cleric. 

fWarrant, dated 5 : 11 : 1673, addressed to Henry Skery, 
marshal of Salem, for apprehension of Thomas Woodbury of 
Beverly, at Mr. Gardner's, to answer the complaint of Nicholas 

% Autograph. 



290 IPSWICH QUARTERLY COURT [Mar. 

Edward Sawyer dying intestate, court granted administration 
upon his estate to his two sons John and Ezekiell, to be divided 
between them, the elder son to have 201i. more than the other. 
They were ordered to maintain their mother as long as she lives, 
the land to stand bound for the performance of it. 

Capt. Wm. Gerish, Lift. Archelas Woodman and Nicolas Noyes 
were confirmed commissioners to end small causes at Newbury. 

In the case of John Gould in his action of account between said 
Gould and Henry Lenard, with the consent of the parties, court 
appointed Mr. Ezekiell Rogers and John Wainwright to audit 
the accounts, and where it is not clear to signify to the next 
session of this court, to be then determined. 

Wm. Wormwood, upon his presentment of the last court, ap- 
pearing before the commissioners, Capt. Gerish engaged to pay 
16s. to the treasurer and fees to the clerk. 



Manning, and his wife and daughter, signed by Wm. Hathorne,* 
assistant. On the reverse: "Thomas Woodbery coming to me 
sayd nicklas manning tould him of this bisenes: & sayd he had 
bine with y e mager: & he tould him he had giuen a warrant to 
apprehend him to y e marshall & that I might take ball of my 
brother or Goodman Massey: & I did then serue y e warrant vpon 
his body he tendred to me & took his father Woodbery with 
himself e" on the bond; signed by Humphery (his mark) Wood- 
bery and Thomas Woodberey.* 

Mary Thorndike, aged about twenty-five years, deposed that 
she lived in the house of Thomas Woodbery about half a year, 
he being at home about half the time, and she never saw any 
evil lascivious or wanton behavior by him in all her life, neither 
did 'she hear him use any "vaine or frothy speeches." Sworn, 
30 : 1 : 1674, before Wm. Hathorne,* assistant. 

Peter Woolf, aged about seventy-three years, deposed that 
his meadow was near Thomas Woodberey's, and he had never 
seen him making hay with Hannah Gray, but his children used 
to make hay there daily. Sworn, Mar. 17, 1673, before Samuel 
Svmonds,* Dep. Gov. 

Elizabeth Fowler deposed that about two years since she 
nursed the wife of Thomas Woodberry. There was a girl who 
dwelt there named Hanah Gray, who was a lying girl, and sev- 
eral times in the night when deponent waked, she missed her 
and heard her laughing and giggling at the boys' bed which was 
in the same room. Further deponent had known Thomas Wood- 
berry a great while and while his wife was sick did not require 
the girl to get any victuals for him, etc. Sworn in court. 

* Autograph. 



1674] RECORDS AND FILES 291 

Jacob Rowell chose George Norton for his guardian, and the 
court allowed it. 

Hanah Gray, for great offences, was ordered to stand at the 
meeting house at Salem upon a lecture day, with a paper on her 
head on which was written in capital letters, I STAND HEERE 
FOR MY LACIVIOUS & WANTON CARIAGES. Also at 
the lecture at Beverly, in like manner, or else be whipped, and 
the marshal and constable to see it done at Salem, and the con- 
stable of Beverly at Beverly.* 

John Stainewood was bound for appearance at Salem court to 
answer Christian Marshman's charge, with Timothy Somes, 
Phillip Stainewood and Benjamin Joanes, as sureties. f 

*Mary Sollas, aged about seventeen years, deposed that some- 
time in the summer last year, as she came near Thomas Wood- 
bery's house, she heard Hana Gray laughing, and going in quick 
without knocking, the door being open, she being a neighbor, 
saw said Hana and Andrew Davis together. Deponent told 
of many other occasions when said Hana was guilty of lascivious 
carriages, and deponent's brother Robert told her how Hana 
would entice the "scoller boys," and that she was guilty of baudly 
language and acts among the boys and girls. Sworn, 2 : 11 : 
1673, before Wm. Hathorne,| assistant. 

Hanna Grove, aged about nineteen years, deposed that she 
had seen Hanna Gray riding about the field astride upon her 
master's mare and she also lived with her one winter. Sworn, 
12 : 11 : 1673, before Wm. Hathorne,| assistant. 

John Batcheler, sr., aged sixty-three years, deposed that when 
Hanna Gray lived in his family, she was a lying little devil and 
his wife Elizabeth could say the same. Sworn, 12 : 11 : 1673, 
before Wm. Hathorne,| assistant. 

Freborne Black, aged about forty years, deposed that he gave 
Hanna's dame warning about her a year ago. She was so rude 
to his children in abusing and beating them, and when he spoke 
to her about it, she would mock him to his face. As for his 
neighbor Thomas Woodbery, he had lived by him thirty-five 
years and had never seen any uncivil carriage in his childhood 
or later years. Sworn, 12 : 11 : 1673, before Wm. Hathorne,J 
assistant. 

Elizabeth Hill, aged about thirty-eight years, deposed that 
going to Macrell Cove about two and a half years ago, and pass- 
ing Woodbury's house, went in to see his wife, etc. Sworn, 
12 : 11 : 1673, before Wm. Hathorne,J assistant. 

fGrace Duch, midwife of Gloster, deposed that William Sar- 

X Autograph. 



292 SALISBURY QUARTERLY COURT [Apr. 

Peeter Tappan was licensed to make, boil and sell sturgeon, 
according to law. 

Wm. Chandler of Newbury was appointed searcher and sealer 
for sturgeon at Newbury. 

Samuell Hunt, presented for suspicion of felony, was fined 50s. 
and ordered to pay costs to Left. Appleton.* 

Samuell Hunt, jr., was fined 6s. 8d. and Jo. Lyne, 10s.* 

Thomas Shadock, for fornication, was fined 41i. 

Symon Tuttle, aged about forty-three years, the only child 
living of Mr. John Tuttle and Joanah, his wife, who are deceased, 
"we say the sd Symon the heire of the sd John & Joanah Tuttle 
appeared before the court in good health the 4 th day of Aprill 
Anno. Dom. 1674." 

Samuell Lenard summoning Ens. John Gould to appear at this 
court to answer an action of replevin, and not prosecuting, said 
Gould was allowed costs. 

Court adjourned to May 5. 

Court held at Salisbury, 14 : 2 : 1674. 

Daniell Gookin, Esqr., president; Major Robert Pike, Capt. 
Nathll. Saltonstall and Mr. Samuel Dalton, associates. 



gent asked her to examine his servant, Christon Marshman, 
which she did with said Sargent's wife. Said Christon declared 
that John Stainwood was the father of the child. Sworn in court, 
*Samuell Hunt, sr., Samuell Hunt, jr., John Loynes and Daniell 
Weicom were presented for taking away a horse from the stable 
of Lieftenant Samuell Appleton by night, and giving it to Daniell 
Weicom where it was found. Wit: John Loines, who confessed 
in the presence of Lt. Samuell Appleton, Mr. Samuell Rogers 
and Samuell Apleton, jr. 

From Samuel Dalton's commissioner's records. See ante p. 235. 

William Walles and Jane Drake married 15 : 10 : 1673. 

Isaack Green and Mary Casse married 18 : 12 : 1673. 

William Houldredg, jr., of Exeter and Lidia Quenby of Amesbury married 
10 : 2 : 1674. 

On 13 : 9 : 1673, Elizabeth Garland widow, and John Garland, her son 
v. Ensign John Samborn, in behalf of the town of Hampton, in an action 
of replevin upon 2,000 white red oak staves, which were seized at the landing 
place near William Fuller's land. Elizabeth Garland appointed Henery 
Roby her attorney. Judgment for plaintiffs. 

On 27 : 12 : 1673, Samuel Leavett v. Henery Sparkes, for taking away 
his bridle from Goodman Robie in a disorderly way, under suspicion of theft. 
Judgment for plaintiff. 



1674] RECORDS AND FILES 293 

Grand jury: Capt. Christopher Hussey, foreman, Henry 
Palmer, John Ilsly, Samll. Felloes, John Gill, Jarrett Haddon, 
John Hoyt, sr., Daniell Hendrick, John Samborn, John Cass, 
Robert Smithe and John Robison. 

Jury of trials: Mr. Anthony Stanian, foreman, Benjamin 
Swett, Tho. Marston, Andrew Grele, James Davis, Samll. Hutch- 
ins, William Sargent, John Kimball, Mr. John Stockman, George 
Carr, jr., Robert Downer and John Young. Samll. Foot, in 
Grele's cases, and Peter Jonson and Jno. Smith, in Major Pike's 
case. 

Thomas Barnard, jr. v. Joseph Peasly. Trespass. For fell- 
ing and carrying away his timber from his land in Amsbery 
bounds, near a place called Hoult's rocks, and adjoining a lot 
which was formerly called Edward Cottle's, now belonging to 
William Sargent, and thereby claiming the land to be his. Ver- 
dict for plaintiff, the land in controversy. 

Nathall. Winsly v. John Souter. For letting George Martyn 
go out of his custody and not satisfying said Winsly in money 
due by execution under the hand of Mr. Rawson, secretary, 
which execution was served by Abraham Drake, the marshal 
general's deputy, upon said Martyn, by taking him to the prison 
door at Hampton, and committing him to said Souter, the keeper. 
Verdict for plaintiff. 

The town of Hampton, or their attorney v. William Bacon 
and Tho. Kenery. Trespass. For breaking up, fencing in 
and improving about four or five acres of land in Hampton com- 
mons on the North side of the pond beyond the little boar's 
head, without leave of the town either by grant or purchase, 
and for keeping possession of the land two or three years, thereby 
hindering the range of the cowherd into the commons. Verdict 
for plaintiff, the land in controversy. The attorney, John Red- 
man, engaged to respond for both defendants. Appealed to 
the next Court of Assistants. This case was committed, with 
the consent of the plaintiff, to the rest of the jury, Hampton 

On 29 : 9 : 1673, the widow Garland v. John Mason, for abuse offered to 
her son Jacob, taking him by the collar or neckcloth at the house of Hen. 
Roby, drawing him over the threshold and smiteing his head against the 
6tones. Owned by said John, and Jacob ordered to pay 10s. 

On 29 : 9 : 1673, Henery Robey being convicted by testimony of Abraham 
Shepard of excessive drinking upon 8:9: 1673, he was ordered to pay 3s. 4d. 



294 SALISBURY QUARTERLY COURT [Apr. 

jurymen being taken off. John Redman and William Fifield 
bound.* 

Phillip Grele v. Pall Batt. Debt. According to covenant 
dated Mar. 8, 1671, under Grele's hand and seal. Verdict for 
plaintiff. 

Phillip Grele v. Mr. William Symonds. Debt. For 7,400 
white pine board. Verdict for plaintiff. The boards to be 
delivered to plaintiff at Lampreele river. 

Edward Colcord and parties v. Abraham Drake. Trespass. 
For fencing in a parcel of land granted by the town of Hampton 
for a way to their lands over the Mill brook, as appears by the 
town records, dated 16 : 12 : 1653, and for claiming the land 
as his OAvn propriety. Verdict for plaintiff, the way in con- 
torversy as last laid out and two pence damage. 

Edward Colcord v. Christopher Palmer. Review of a case 
tried at Salisbury court in 1666, concerning three parcels of land 
claimed by a pretended mortgage. Verdict for defendant. 
Appealed to the next Court of Assistants. Edward Colcord 
and Robert Ring of Salisbury bound. 

Edward Colcord and William Roberts v. John Redman. Re- 
view of a case tried at Salisbury court in April, 1667, which was 
an action of review of a case tried at Hampton court in 1659, 
concerning a bond for appearance, wherein said Roberts and 
Thomas Jonson, deceased, were surety for- said Colcord. Non- 
suited, because the court does not see how by law a review of 
the same case can be twice tried. Appealed to the next Court 
of Assistants. Edward Colcord and Robert Ring bound. 

Phillip Grele acknowledged judgment to Mr. Tho. Bradbury 
for 3,000 merchantable white oak barrel staves or 1,500 mer- 



*Henry Dow, aged about forty years, deposed that he heard 
Thomas Kenery own that he and Will. Bacon had fenced in all 
the land that they are sued for, both broken up and pasture 
land, and that they had sometimes hunted horses out of the 
meadows there by the pond. Deponent declared that there 
was about 40s. yearly damage to the town by hindering the 
cow herds from going where they used to go before there was 
any house built there, and by hunting their horses and swine 
from that part of the commons that used to get their living that 
way. Also that there were about four or five acres beyond 
this land that is fenced in. John Sanborne deposed the same. 
Sworn in court. 



1674] RECORDS AND FILES 295 

chantable white oak pipe staves, to be delivered at the Ferry 
landing place near the bridge in Salisbury. 

Francis Davis v. John Severans. For selling four pumps 
and boxes of his at Boston, without his order. Verdict for de- 
fendant. 

John Jolliff, assignee to David Kimball v. John Lock. Debt. 
For withholding debt due in refuse fish, dated Aug. 29, 1671. 
Nonsuited. For want of legal power to sue in this court and be- 
cause of defect in the letter of attorney by an interlining therein.* 

Robert Ring v. Nathll. Clarke. Review of a case tried at 
the Court of Assistants held at Boston, Mar. 5, 1672, which was 
an appeal from a judgment at Hampton court, with findings for 
plaintiff, reversion of the former judgment. The original action 
was for taking away a load of hay from a meadow, and the de- 
fendant not being attached by a lawful officer, the plaintiff was 
nonsuited. 

The Reverend Mr. John Wheelwright, feoffee in trust to the 
wife and children of Mr. Robert Nanny, late of Boston, deceased 
v. James Chase. For not paying 12,000 feet of good merchant- 
able deal board due for rent of a part of a saw mill, now standing 
upon Tayler's river in Hampton bounds, according to an agree- 
ment dated Jan. 2, 1672. Verdict for plaintiff. Appealed to 
the next Court of Assistants. 

Nicolas Lissen v. Robert Wadleidg and Jonathan Thing. For 
not paying a debt due for a covenant under their hands, dated 
Apr. 15, 1670, which was to have been paid at 601i. yearly, for 
three years now past. Withdrawn. 

Henry Green and Henry Roby were bound for James Chase's 
appearance. 

Samll. Watts v. Samll. Gile. For not delivering 8,500 pine 
boards, also 20s. more, according to an award under hand of 
Daniell Ela, Shuball Walker and Tho. Kimball. Verdict for 
defendant. 

Henry Roby v. Jno. Young. For withholding pay due plain- 
tiff for the maintenance of the child of Judeth Roby, ordered 
by Salisbury court last, about 61i. 10s., at 2s. 6d. per week. Ver- 
dict for plaintiff. 

*John Locke's bill of cost against Mr. John Jollife or Mr. 
Henerry Derring, his attorney, 15s. 



296 SALISBURY QUARTERLY COURT [Apr. 

Henry Roby v. Edward Colcord. For withholding five or six 
pounds which should have been paid to Alice Thomas of Bos- 
ton in May, 1672. Withdrawn. 

Samll. Weed v. Thomas Barnard, sr., in behalf of the town 
of Amsbery. For withholding his proportion of lands in the 
common divisions granted and laid out to the inhabitants of 
Salisbury newtown, now called Eamsbery since a meeting of 
said town, 10 : 10 : 1660, at which meeting there was granted 
to John Weed, sr., a township for his son Samll. Weed, by vir- 
tue of which said Samll. claims his proportion of commons. Ver- 
dict for defendant. 

Edward Gove v. Major Robert Pike. Review of a case tried 
at Hampton court in 1673, for cutting and carrying away wood 
and timber upon his land, which is the second lot of Hall's farm, 
called by the name of Cobham's, in Salisbury, in which a special 
verdict was returned and court found for the defendant, and which 
judgment was reversed by the Court of Assistants. Special 
verdict, if the order of the town of Salisbury was legal, together 
with the order of the General Court, they found for the defend- 
ant; if not, for the plaintiff. Court found them legal. Appealed 
to the next Court of Assistants. 

Anthony Stanian and Edward Gove, both of Hampton, were 
bound for Edward Gove's appearance. 

John Redman v. Edward Colcord. For putting him to great 
trouble and damage to satisfy a part of a fine laid upon said 
Colcord at Wells court in 1672, whereby he agreed to bear him 
harmless, but has not. Withdrawn. 

Christopher Palmer v. Edward Colcord. For defaming the 
plaintiff in bringing action against him at the last Salisbury 
court, charging him with cheating. Withdrawn. 

Henry True v. Mary Andros, administratrix of the estate 
of Jededia Andros, her quondam husband. Debt. To be paid 
in neat cattle, bulls excepted. Special verdict, that if a bill 
given to a man, which bill contained not the name of his execu- 
tors as bound, may be legally recovered against said executors, 
they found for plaintiff; if not, for defendant. Judgment for 
plaintiff. 

Daniell Tilton v. the Town of Hampton. Review of a case 
tried at the last Hampton court, for trespass, for fencing in and 



1674] RECORDS AND FILES 297 

breaking up a four or five acres of Hampton commons. With- 
drawn. 

John Huggins v. the Town of Hampton. Review of a case 
tried at Salisbury court in 1673, for trespass in felling the town's 
timber, fencing in land, etc. Withdrawn. 

Edward Gove v. John Partridg and Nehemiah Partridg. Debt, 
for two cows. Defaulted. 

Susanna Martyn and Mary Jones making application for 
the division of the estate of Richard North between them, by 
virtue of a judgment of the Court of Assistants in March, 1673-4, 
which declared that said North's will was not legally proved 
and referred it to the Norfolk court, court affirmed that it 
had been legally proved, and Capt. Bradbury testified that he 
was one of the witnesses before the court and at that time he 
was compos mentis. 

Capt. Nathll. Saltonstall, administrator of the estate of Matthias 
Button, acknowledged judgment to Daniell Ela. 

Daniel Ela's license to keep the ordinary for Haverhill, John 
Severans for Salisbury, and Henry Robie for Hampton were 
renewed for the ensuing year. 

John Souter of Hampton having had the consent of the select- 
men to keep an ordinary, court allowed it, provided that he sell 
no wine or strong waters to be drunk in his house, yards or out- 
houses to any inhabitants of said town, either directly or in- 
directly. 

Thomas and Mary Frame, upon confession, were convicted of 
fornication before marriage. He was to be whipped fifteen 
stripes, unless he paid 41i. fine, and she was to be whipped ten 
stripes, or pay a fine of 40s. 

Edward Gove was discharged of his bond for good behavior. 

Court declared that such persons as have been freed from 
military exercises, paying so much per year to the use of the 
company, "y e s d sum is to bee accounted as & for a fine w ch is 
under y e Cognizance of y 3 clarke of y e Company as other fines 
are excepting any & all pticular, & psonall orders w ch are only 
Conditionall in w ch case & so for y* future such as shalbe freed 
from such exercises if they pay not their fine or pension to y* 5 
satisfaccon of y* clarke (money excepted) It shall then bee in 
his power by orders from y e Comission officers, or cheif officer 



298 SALISBURY QUARTERLY COURT [Apr. 

to distraine for y e whole sum y* y e law appoints for a fine upon 
non attendance." 

Ordered that the recorder, not having entered the letter of 
administration granted to Bartholemew Heath upon the estate 
of his son Joseph Heath, shall now enter it and date it from the 
time it was granted. The administrator was ordered to bring 
in an inventory to the next Hampton court. 

Ordered that the recorder of the court shall from time to time 
annually by some one of the deputies of Norfolk send to the 
General Court of election a certificate of the names of such per- 
sons as are annually nominated by the freemen of Norfolk for 
Associates for the County Court for the ensuing year, requesting 
the General Court to allow them. 

Whereas at the last Hampton court, Teage Disco of Exiter 
was accused by Mary Parker, servant of Moses Gillman of Exiter 
of being the father of her child, and she persisting in the charge 
when the child was born, court ordered that her testimony and 
that of others who were present be given before Mr. Samll. Dal- 
ton, and that said Disco pay 2s. 6d. per week for the maintenance 
of the child. 

Ordered that Mr. Dalton issue a warrant to the constable of 
Exiter to bring her before him upon some lecture day at Hampton 
to be corporally punished by ten stripes, for committing fornica- 
tion. 

Ordered that the highway between Salisbury town and the 
ferry, between now and the last of June, be repaired as judged 
sufficient by the selectmen of Salisbury or the major part of 
them, upon penalty of 40s. 

Mary, daughter of Jno. Weed, being bound to this court for 
committing fornication with Nathll. Griffin, a joiner, who has 
fled since her accusation, court ordered her to be severely whipped 
with fifteen stripes, unless she pay a fine of 51i. 

Henry Robie, convicted before Mr. Dalton for excessive drink- 
ing, was fined 3s. 4d. 

James Jonson, John Smith, John Stanian, John Garland, 
Abraham Chase, Caleb Perkins, Thomas Cram, Jno. Hussey, 
Jonathan Wedgwood, Tho. Chase, Josiah Samborne, Francis 
Gennins, Capt. Christopher Hussey, convicted for breach of 
the law called Quaker's meeting, were admonished. 

Mary Williams of Exiter, wife of Jno. Williams, confessed 



1674] RECORDS AND FILES 299 

to the crime of fornication before marriage and was ordered to 
be whipped fifteen stripes or pay a fine. 

John Williams and Robert Powell had their bond for non- 
appearance forfeited. 

Ephraim Severans, presented for uncivil carriages upon the 
Lord's day, was admonished. 

Thomas Fowler of Amsbery, presented for killing a hog in 
his corn, not having proceeded according to law in crying said 
hog, was admonished, and ordered to pay if the owner of the 
hog appeared. 

Court ordered Jno. Young to pay 2s. 6d. per week toward the 
maintenance of the child of Judeth Roby until the court takes 
further order or said Young agrees with Henry Roby about it, 
and that a sufficient bond be given to Mr. Dalton to secure the 
town of Hampton. 

Court ordered that Henry Ambros, upon giving in personal 
security for the portions of the children of Timothie Worcester, 
which said Timothy had by Susanah, his wife, now the wife of 
said Ambros, to the satisfaction of Major Robert Pike and Mr. 
Samll. Dalton, should be released of his former security on 
house and land. 

Administration was granted to Bartholemew Heath upon the 
estate of his son Joseph Heath, late of Haverhill, deceased, 14 : 
8 : 1673, at the County court at Hampton. 

Court ordered that the papers put into this court about North's 
will be delivered to Susannah Martyn and Nathll. Winsly, each 
to have their own papers, all except the copy of the judgment 
of the Court of Assistants, last past. 

Allowed by the court to the house and the servants of Willi. 
Bus well, 10s. 

Henery Roby of Hampton acknowledged a bond 30 : 10 : 1673, 
for the appearance of Elizabeth More of Exeter to answer for 
fornication with John Williams, before Samll. Dalton,* com- 
missioner. 

Copy of the will of Joseph Peasle, dated Nov. 11, 1660, and 
proved upon oath of Phillip Challis and Tho. Barnard, 9:2: 
1661, at Salisbury court: "My debts shalbe payd out of my 
estate, & y e remaynder of my estate w ch is left my debts being 
payd I doe giue & doe bequeath y e one halfe vnto Mary my 

* Autograph. 



300 SALISBURY QUARTERLY COURT [Apr 

wyfe dureing her life & I doe giue vnto my daughter Sarah all 
my house & lands y* I haue att Salisbury & I doe giue vnto Joseph 
my sone all my land y* I haue upon y e playne att Haverhill & 
doe also giue unto Joseph my sonne all my meadow lying in 
y e east meadow att Haverhill, & I do giue vnto Joseph my sone 
all my right in y e ox pasture att Haverhill and do giue vnto Joseph 
my sone fiue of y e comon rights y* doe belong to y 6 playne I doe 
giue vnto my daughter Elizabeth my forty fower acres of upland 
lying westward of Haverhill & doe giue vnto my daughter Eliza- 
beth fower acres & a half of meadow lying in y e west meadow att 
Haverhill & doe also giue to my daughter Elizabeth fower of 
y e comon rights y* doe belong to y^ playne, & doe giue unto my 
daughter Jane ten shillings, & to my daughter Mary ten shillings 
& do giue vnto Sarah Sawer my grandchilde my vpland & meadow 
lying att Spickett River & I doe giue unto my sone Joseph all 
y e remaynder of my land att Haverhill w ch is not here disposed 
of. I doe also make Mary my wife my sole Executer & do also 
leave Joseph my sonne & y e estate y* I haue giuen him to my 
wyfes desposeing till Joseph my sonne bee twenty years of age." 
Wit: Phillip Challis, Tho. Barnard and Richard Currier. 

Copy of the inventory of the estate of Joseph Peasly, taken by 
Richard Currier, Tho. Barnard and Willi. Barnes: A grinding 
ston & crank & betle ringe, 12s.; a smoothing Iron, 5 wedges 
& one Iron barr, Hi. 5s.; one payer of Andirons & 2 Spitts, 4 
axes & 2 sawes, 211. 6s. ; one Crane, 2 tramells, gridiron & brand 
Iron & fire slice, one payer of cobirons & tonges, Hi. 14s.; one 
tow combe, parsell, 10s.; one iron pot & skillet, pot hookes & 
flesh hooke & frying pan, Hi. 4s. ; 5 howes, 1 cheine & other Iron 
worke, Hi. ; peuter & brass, 5li. 8s. ; 2 gunns & one sword, 21i. ; 
all his wareing apparell, woollen & linen, 81i.; cloath & searg 
& tame, 71i. 13s.; beds & bedding, lOli. 18s.; yarn, wooll, flax & 
hemp, 51i. 10s.; chests, barrills, spinning wheels & other lumber, 
31i. ; forty bushells of wheat, lOli. ; sixty bushells of Indian corn, 
91L; 3 cowes, 2 heffers & 1 calfe, 1911. ; swine, 31i.; howse and 
land & meadow, 501i. ; two Bibles & other bookes, Hi. 15s. ; total, 
1431i. 5s. 

James Davis, jr., and Theophilus Satchwell were desired by 
the widow Peasly, to appraise the real estate, which they did, 
as follows: 12 acres more or less within ye playne fenced as it 
is bounded in ye records, 501L; 18 acres without ye fence, 401i.; 
44 acres of ye 2d division, over ye little river westward, 351i.; 
4 score and 4 of ye 3d division on Spicket hill, 351i. ; 4th division 
of upland yet not pfected, altho granted by ye towne, 51i. ; 6 
acres of meadow at ye east meadow, 201i.; 4 acres & a half of 
meadow at ye west meadow, 81i. ; 6 acres of 2d division of mead- 
ow at Spicket, 91i.; 4 acres of 3d division of meadow bounded 
in the new found meadow, 51i. ; 4 ox commons & other cow com- 
mons, 161L; total, 2231L Sworn to by Mary Peasly, executrix, 



1674] RECORDS AND FILES 301 

before Tho. Bradbury,* recorder, and copy made by Tho. Brad- 
bury,* recorder. 

Writ: Abraham Drake v. Capt. Walter Bearfoott; debt; 
dated 11 : 8 : 1671; signed by Samll. Dalton,* for the court; 
and served by Robert Smith,* constable of Hampton. Bond of 
Walter Barefoote* and Nicholas (his mark) Lissen. 

Writ : Mr. Anthony Ashby of Haverhill v. Daniel Ela of Haver- 
hill; for not delivering 158 bushels of Indian corn, which was 
received by said Ela their master, aboard of the ketch Patient 
Betty in Merrimack river at Haverhill, to be delivered at Boston 
or Salem; dated Mar. 8, 1671-2; signed by Nath. Saltonstall,* 
for the court; and served by Jno. Williams,* constable. 

Writ: Moses Gilman v. Arthur Bennet; defamation; for say- 
ing that Gilman need not make such a stir about Thomas Huse, 
whom his maid charged with fornication, for the maid was as 
bad as said Huse; dated Dec. 2, 1671; signed by John Gillman,* 
for the court ; no return made. Bond of Arter (his mark) Benick 
and Charles Hilton.* 

Writ: Edward Clarke of Haverhill, attorney to Philip Rowell 
of Hampton v. Jotham Hendricks of Haverhill ; debt for a horse, 
which was to be paid in a cow and two sheep; dated Apr. 2, 
1672; signed by Nath. Saltonstall,* for the court; and served 
by John Williams,* constable of Haverhill. 

Writ: Caleb Moudy v. Thomas Hoyt; debt, for cotton wool; 
dated Apr. 2, 1672; signed by Tho. Bradbury,* for the court; 
and served by Henry [Browne],* deputy constable of Salisbury, 
by attachment of house and land of defendant. 

Writ: Joseph Peasly v. John Figg; debt, for 1,000 two-inch 
oak plank; dated Dec. 25, 1671; signed by Richard Currier,* 
for the court; and served by John Weed,* constable of Ames- 
bury. Bond of John Figge* and Richard Currier.* Wit: Phillip 
Rouell* and Zackery Ares*. 

Writ: William Sargent v. Mr. Francis Hooke; for refusing 
to satisfy him for a voyage to the westward the last fall, about 
seventeen weeks, at the rate of 55s. per month for wages; dated 
15 : 12 : 1671; signed by Tho. Bradbury,* for the court; and 
served by Henry Browne,* deputy constable of Salisbury. 

Writ: James Sanders of Haverhill v. Richard Dole of New- 
bery and Thomas Davis of Haverhill, administrators of the estate 
of Joseph Davis of Haverhill; debt of eight pounds, which Joseph 
Davis was to pay to said Sanders for four months' service with 
Sanders in 1668; signed by Nath. Saltonstall,* for the court; 
and served by Jno. Williams,* constable. 

Writ: George Corlis of Haverhill v. Thomas Davis of Haver- 
hill and Mr. Richard Dole of Newbery, administrators of the 
estate of Joseph Davis of Haverhill; debt, which was to have 
been paid to Mr. Jno. Todd of Rowley, Capt. Gerrish of New- 

* Autograph. 



302 IPSWICH QUARTERLY COURT [May 

Court held at Ipswich, May 5, 1674, by adjournment. 

Daniell Clarke was licensed to keep an ordinary for a year. 
Sarah Woolcot, presented for fornication, was ordered to be 
whipped or pay a fine.* 

bery and himself about five years since in staves at Exeter; dated 
Feb. 22, 1671; signed by Nath. Saltonstall,f for the court; and 
served by Jno. Williams,f constable, by attachment of land near 
Tho. Eaton's at the west bridge. 

Writ: Thomas Davis v. Mr. Richard Dole and Tho. Davis, 
administrators of the estate of Joseph Davis of Haverhill; for- 
feiture of a bond; dated Oct. 11, 1671; signed by Nath. Salton- 
stall,f for the court; and served by John Williams,t constable. 

Writ: Edward Colcord v. James Prescott; trespass, for felling 
his timber and attempting to build a house upon his land on the 
westerly side of the mill brook; dated 24 : 8 : 1671; signed by 
Samll. Dalton,f for the court; and served by Robert Smith,f 
constable of Hampton, by attachment of timber, boards and 
slabs of defendant. 

Writ: Mr. Thomas Woodbridge v. Francis Thorn; debt; 
dated Apr. 1, 1672; signed by Samuell Dalton,f for the court; 
and served by Abraham Drake,f marshal, by attachment of four 
oxen in the hands of Peter Jonson. 

Writ: Georg Walten v. John Severens; debt due from Hen- 
ery Ambros, former husband of the present wife of said Cornet 
John Severens; dated Mar. 21, 1671-2; signed by Samuell Dal- 
ton,f for the court; and served by Abraham Drake,f marshal. 

Writ: Jno. Colby v. Samll. Foot; for reproachful speeches 
against Mr. Hubberd, the minister; dated Mar. 9, 1671-2; 
signed by Tho. Bradbury, f for the court; and served by John 
Weed,f constable of Amesbury. 

Writ: Tho. Bradbury v. Nathll. Boulter; debt, for 1,300 
deal boards, to be delivered at the saw mill near Hen. Green's 
house at Hampton; dated Apr. 1, 1672; signed by Tho. Brad- 
bury,! for the court; and served by Abraham Drake,f marshal. 

Writ: Stephen Webster of Haverhill v. Andrew Greley; debt; 
dated Apr. 4, 1672; signed by Nath. Saltonstall,f for the court; 
and served by Jno. Williams,! constable. 

Writ: Mr. Ward Woodman v. Nicholas Browne of Haverhill; 
debt, to be paid in wheat and barley; dated Mar. 6, 1671; signed 
by Anthony Somerby,f for the court; and served by Jno. Wil- 
liams,! constable of Haverhill. 

*Sarah, daughter of John Willcott, was presented for having 
a child born in March, Thomas Chadock being the reputed father. 
Wit: Elizebeth Browne, midwife, and Mary, wife of John Wilcott. 

f Autograph. 



1674] RECORDS AND FILES 303 

Marshal Robert Lord was allowed three pounds this year out 
of the fines that are ungathered. 

Sam. Mighill was presented, but considering that it came 
out principally by his own confession, he was fined 30s.* 

John Wattson was fined upon his presentment.! 

John Chubb was fined upon his presentment. J 

Thomas Knowlton, upon his presentment for making a dis- 
turbance in the meeting, was sentenced to stand openly in the 
meeting house next lecture day all through lecture time with a 
paper on his breast, written in capital letters.§ 



*William Tenny deposed that Samuell Mickell acted lasciv- 
iously toward Margerey Tophet when he was threshing at Mr. 
Nelson's barn, etc. Sworn in court. 

Margere Toope (also, Tape), aged about seventeen years, 
deposed that Samawell Myhill saluted her half a dozen times, 
and asked her to walk with him on a certain night, but she re- 
fused. She saw him when she went to put out the dog. Also 
one night when Mihill's wife was with deponent's mistress, he 
came to the house and deponent asked one of the children to 
go out and hold a cow, when he also offered his assistance. So 
the man's wife being there, she allowed him to go with her, etc. 
Sworn in court. 

Bill of cost of William Tenny, Thomas Wood, William Bointon 
and Marjery Toope, for attendance at court one day, 8s. 

fThomas Wood, aged forty-one years, deposed that "sometime 
last sumer I being at worke at merchant Wainwright's house 
there came John Watson of Rowly to by wine & Tobacco and 
was pretty mery after he had done his Arrant and was gone mer- 
chant wainwright came out to me where I was at worke and said 
to me and those that were at worke w th me at that Time that he 
was perswaded that John watson had caried Away his knife 
my Answer was I hope not soe for I never heard he was given to 
stealing but A weeke or 10 days after I was Told that John Wat- 
son said he had bought a Good Ivery hafted Knife for A small 
matter of merchant wainwright when I heard of it then I dealt 
w th him about it and Told him that I feared he had stolen merchant 
Wainwrights Knife he Answered Againe he had none of it 
and denied it severall times." Later he confessed that he took 
it and delivered it to Corpll. Northend, who gave it to deponent 
to give to Mr. Wainwright, which he did. Sworn in court. 

^Presented for suspicion of chaining up the gate on the high- 
way near the house of John Andrewes, with many rocks laid 
tgainst the gate, which annoyed many in their passage. Wit: 
Samuell Giddings, Samuell Cogswell and Benjamine Marshall. 

^Presented for calling out on the Lord's day in prayer time 



304 IPSWICH QUARTERLY COURT [May 

Freegrace Norton, upon his presentment, was enjoined to keep 
a beam, scales and weights always in readiness for any to weigh 
their grists, also to be ready to take off and lay on men's grists. 
The court's sentence was that "we cannot but find it a gr l mis- 
demeanor being in a place of publicke trust, either through 
falshood or extreme neglegence and therefore is fined 40s, leav- 
ing persons injured to take there remedy by law."* 

in the meeting house, "Take notis of good wife hunt that maks 
disturbanc there." Wit: Simon Stace, constable, and John 
Leigh ton. 

*John Spark deposed "that through the default of bad grinding 
and want of measure in my meale for this sundry yeares together, 
not holding out to make so much bread in quantity as I used to 
doe in Serj. Waites dayes, to my greate losse, the merchants 
exspecting theire due, and I not able to make it good as formerly, 
I made my complaynt to sundry persons, and to one amonge the 
rest a person of worth and quality M r Saltonstall by name who 
promised me Amendment, but I having found since that I have 
not had so much meale nor so good as formerly, was forced to 
carry his wheate to Rowly mill where I might haue it smaller 
ground that soe it might answer his endes; but I found that 
the wheate that went from hence to Rowly did fall as much short 
in measure as that which was ground here I conceive the reason 
was the wetnesse and dampness of y e wheate this last yeare by 
reason of this last wet haruest, I often haue missed much meale 
in quantity for this many yeares, but I aprehend not through 
goodman Nortons dishonesty, but by reason of y e mill lying 
so carelesly and so open that somtymes any one might who was 
dishonest draw out a grist from under the underpining, which 
is a thing I haue often complayned of and it is lately I have 
spoaken of it and have asked them that are concerned in the 
mill who should make my meale good if it was stollen." 

Moses Pengry, sr., deposed that he was at the mill the past 
winter, when both the mills were grinding, and the wheat mill 
hopper was full of wheat and much meal in the trough. While 
he stayed for the grinding of his grist on the Indian mill, he saw 
the miller, Freegrace Norton, take a little bag up from over his 
head where the empty bags use to lie, and hang it where they 
take up the meal. Then he took the meal shovel and brought 
meal from under the spout and put about half a bushel of wheat 
meal more or less into it from the trough. Then he took the 
bag off the nail, doubled up the mouth of the bag, put it under 
his arm, went into his house and quickly returned without it. 
Sworn in court. 

John Caldwell testified that he carried a grist to the mill and 
when it was ground he thought that there was not as much as 



1674] RECORDS AND FILES 305 

he carried and told the miller so, but he said nothing. The next 
time, he told him that he could not say why his last grist shrunk 
so for he ground it on the wheat mill, and what he ground it 
after, he could not tell. Of this last grist, he judged that he 
had a considerable quantity more than he carried to the mill. 
Sworn in court. 

Josiah Clarke, aged about twenty-eight years, deposed that 
he carried half a bushel of Indian corn to the mill and the miller 
told him that if he would bring a pint of brandy he would put 
a peck of rye into his Indian corn this time and half a peck the 
next time. Deponent brought the drink, and Norton went to 
the toll tub and measured out some rye for him, "and as it stood 
in the half bushill by the hopper waighting till the hopper was 
empty before the hopper was empty one brought a bushill of 
Rey to grind and the miller tould mee I had best stay till that 
bushill was ground and so I did and I the said deponant doe 
testifie that I did se freegrace norton take toule of that bushill 
of Rey and after he had taken toule of it he went doun below 
and ordered the mill and then he went up and sat down by the 
hopper till the mans back was toward him and ther I this depon- 
ant did se the said norton take his toule dish about half full or 
three quorters full of Rey out of that bushill and put it into that 
Rey which he had put into the half bushill for me." Sworn in 
court. 

James Burnam and Nathannoell Lord deposed that they saw 
five grists of two bushels and one-half which wanted double toll, 
etc. Sworn in court. 

Nathanell Lord deposed that he saw one bushel of wheat 
of his master's weighed when it was carried to the mill and when 
it was brought home and it wanted nine and one-half pounds. 
Sworn in court. 

John Whipple deposed concerning short weight, etc. Sworn 
in court. 

Freegrace Norton's bill of cost, Hi. 16s. 

Thomas Sparke deposed concerning his master sending him 
to mill with 108 pounds of wheat and when he returned he had 
but 87 pounds, and Norton said he could not account for the 
shortage. Sworn in court. 

William Goodhue testified that he sent his man, Thomas 
Sparke, etc. Sworn in court. 

Caleb Kimball deposed. Sworn, May 4, 1674, before Daniel 
Denison.* 

John Edwards, aged about forty years, deposed. Sworn in 
court. 

Sergeant Burnam testified that he carried a grist and when 
he reached home, it was so much smaller than what he carried 

* Autograph. 



306 IPSWICH QUARTERLY COURT [May 

Court having heard the allegations against Elizabeth Hunt 
and Abigaill Burnam, judged them both culpable of disturbance 
and disorder in the meeting house, but being under family 
government, ordered their parents to correct them for offences 
past and to keep them in better order for the time to come.* 

that he took it back, thinking he had exchanged with somebody, 
etc. Sworn in court. 

* Thomas Burnum, sr.,f complained of many great misde- 
meanors of Elizabeth, wife of Samuell Hunt, and Elizabeth her 
daughter, in the meeting house in time of public exercise for 
the past two years, by thrusting his daughter Abigaill on the 
Lord's days, so that she almost falls quite down in the meeting 
house. 

Grindall Rauson, aged about fifteen years, deposed that he 
saw Goodwife Hunt leaning over her seat, speaking to her daughter 
Elizabeth and presently said Elizabeth shoved Abigail Burnam 
down on her knees so that she could not sit upright on account 
of Elizabeth's knees being against Elizabeth's chair. This was 
on the Lord's day in meeting time. Sworn in court. 

Samuel Hunt and wife testified that Abigail Bornham pushed 
their daughter so that she often came home and said she would 
not go to meeting again, etc. 

Nathaniell Lord, aged about twenty years, deposed that he 
saw Elizabeth Hunt with her back against the end of the seat 
shoving her own chair against Abigail Burnam's chair, and this 
had been her practice whenever said Abigail's chair had been 
without the wainscot. Sworn in court. 

Hanah Lovewell, aged eighteen years, deposed. Sworn in 
court. 

John Kindrek deposed that when Abegell Burnam came in 
she went to her usual place and put her chair down, which then 
stood clear of the wainscot of Goodwife Hunt's seat, etc. Sworn 
in court. 

Seath Story deposed that when the disturbance was made, 
Thomas Knolton spoke to them, etc. Sworn in court. 

Elizabeth Reddington deposed that when she sat with her 
dame Hunt in meeting, which was about a year, Abigail Born- 
ham would "hunch and bunch" her with her chair and when 
she sat at the end where Betty sat, Goodwife Bornham told her 
that she was a usurper and had no right there. 

Thomas Waite, sr., deposed that the two chairs the girls sat 
in were back to back in the alley as close as they could be set 
and that Goodwife Hunt thrust her elbow against said Abigal's 
neck, defacing her linen. Also if Goodwife Hunt had caused her 

f Autograph. 



1674] RECORDS AND FILES 307 

Good wife Hunt was admonished upon her presentment.* 
Deacon Goodhue was licensed to sell wine by the gallon and 

also to sell liquors, as other merchants. 
Sarah Longhorne made choice of Daniell Wicom to be her 

guardian, and he was bound.f 

daughter to set her chair as she should, with the back against 
her mother's seat, this controversy would not have been begun. 
As it was she had the back of her chair in the cross alley so that 
only two persons could sit there instead of three and it hindered 
others from passing to their seats. Sworn in court. 

Uzal Wardall deposed as to what he saw when he looked down 
over his seat, etc. Sworn in court. 

Nathanaell Roper, aged about twenty-one years, deposed that 
one Sabbath he saw Goodwife Hunt stand at the end of her seat 
in prayer time as if she looked at the minister, and push her 
daughter's chair against Abigaill Burnam's. He had also seen 
Elizabeth Hunt look up in the gallery where her father sat and 
laugh. Sworn in court. 

James Burnam, aged about twenty-one years, deposed that 
his sister Abigail tried to make room for Mr. Smith to pass, etc. 
Sworn in court. 

John Dane, aged sixty years and upward, testified that being 
at meeting that day he heard Thomas Knoulton call out aloud 
to the assembly to take notice of Goody Hunt, that she was 
making a disturbance, etc. Also that Goody Hunt's daughter 
held her head down and smiled to herself. Sworn in court. 

Goodwife Fits, aged about sixty-eight years, deposed. Sworn 
in court. 

Goodwife Saford, aged thirty-five years, deposed. Sworn in 
court. 

Hannah Rubjohn deposed. Sworn in court. 

Robert Lord, jr., deposed that it was Elizabeth Hunt's prac- 
tice to sit in her chair in time of prayer. 

Mary Jones deposed that Goodwife Hunt's little girl was kneel- 
ing in her chair very quietly when Goodwife Bornham's daughter 
came into the meeting and took up her chair and thrust it against 
said Hunt's girl. Deponent "being kneeled downe rose up and 
spacke to her teling her it ware enough: enough att this time 
for shame," etc. Sworn, 3:2: 1674, before Wm. Hathorne,t 
assistant. 

John Annable deposed. Sworn in court. 

fSarah Longhorn, "who was left yong and of Tender agge," 
having been under the charge of an executor, petitioned the 
court for a guardian. 

* See foot-note on page 306, marked *. t Autograph. 



308 IPSWICH QUARTERLY COURT [May 

Samuell Hunt, jr., was admonished for disorder in the meeting 

house.* 

Jonas Gregory was discharged of his presentment.! 

Sarah Roe was bound not to abide in the company of John Lee 
and to appear at the next Ipswich court, unless she be reconciled 
to her husband and go to him before that time. Joseph Gidding 
and Nathaniell Rust bound for said Sarah Roe. 

In the complaint of Charles Gott against Walter Fairefield 
about abusing him, the military officer, clerk of the band, said 
Fairefield was sentenced to pay 5s. to the company and 20s. to 
the county, t 

Petition to the court, dated Ipswich, 4:3: 1674, "Constance 
Crosbie Grandmother to this Orphan Sarah Longhorne under- 
standing that Daniell Wickam is like to be perswaded to accept 
of Gardianship for her: I thinking that she had need of one 
that hath more experienc to oversee her and for other Reasons 
I am very unwilling & doe desire that such a thing may not be 
proceeded in or Granted till Thomas Longhorne of Cambridg 
her Uncle knowes & Gives his Consent for he takes more Care 
of the children than I expected he would have don: not more at 
psent your poor & humble servant & Handmaide." 

*Samuell Rogers deposed that before Samuell Hunt was pre- 
sented, he asked Grigory if he ever gave Hunt leave to take hay 
out of his barn before said Gregory and Arthur Abbott found him 
there, and he said that he never had. Deponent asked why he 
did not stand to this before the grand jury and he said that he was 
in such trouble that he did not know what to do. Sworn in court. 

John Smith, aged about forty years, and Josiah Clark, aged 
about twenty-eight years, deposed that they had noticed in tune 
of service on Sabbath days that Samuel Hunt, jr., was very dis- 
orderly, laughing, talking, spitting, striking boys with sticks 
and throwing things into the gallery. 

fPresented for lying, by informing the grandjury of Samuel 
Hunt's stealing his hay, and afterwards saying that he might 
possibly have given him leave to take it; saying also that Hunt 
gave him a day's work with his team and boy and a pound of 
tobacco to forbear his testimony against him, and he would 
"do well enough w th Knoulton in his action." Wit: Thomas 
Knoulton, Nathaniell Emerson, Usuall Wardell, Arthur Abbott 
and his wife, Thomas Mentor, Margret Lambert and Mr. Samuell 
Rogers. . . 

J Writ, with summons, dated Apr. 15, 1674, signed by Daniel 
Denison,§ for the court, and served by Tho. Hobes,§ constable 
of Wenham. 

§ Autograph. 



1674] RECORDS AND FILES 309 

Warrant, dated 3:2: 1674, to Charles Gott, clerk of the 
trained company of Wenham, "in Case of Refusall to paye 
to Distraine the Goods of waiter fairefild to the value of fiue 
shillings Being his fine for non appearanc on the last trayning 
daye as also fiue shillings of Henery Haget for the like Defect 
& Rec. it into yo r hands for the use of the Companye," signed 
bv Tho. Fiske,* sergeant. 

* Charles Gott's bill of cost, Hi. 2s. 3d. 

Thomas Fiske, sr.,* affirmed, 4:3: 1674, that "last yere John 
Fiske being Chosen Clarke of o r Trayned Companie when he 
the sayd Fiske was Absent; I told him afterwards that the Com- 
panie had made Choice of him for theire Clarke & Asked him if 
he would accept of it he told me he would not where upon the 
next trayneing daye I informed the Companie of it & desired 
them to thinke of another Choic some of them obiected & said 
they would staye whilst they heard him Disexcept it him selfe 
but I told them we Could not be without a Clarke & if they 
would not Chouse one I would Appoint one my selfe where upon 
they made Choice of Charles Gott || Walter fairefild being pres- 
ent} | & I did then declare him to be o r Clarke & hee did Cale the 
Companie the Last traineing daye." Also that the last year 
"I told the Companie that in Referanc to o r trayneing it should 
be a standing order amonst us that in Case the daye Appointed 
for trayneing were fowle in the morning it should goe for a trayne- 
ing daye in Case the wether did proue tolerable by eleuen of 
the Clock to bring armes into the field & the Companie Con- 
sented thereunto not one obiecteing against it." 

John Fiske,* sr., affirmed, 5:3: 1674, that he refused to 
take the office of clerk. 

Charles Gott, aged about thirty-six years, deposed that Walter 
Fairefeilde came to his house and he read the warrant to him 
and asked him to pay the fine peaceably, but he replied that he 
would take no notice of it. About a week later, deponent went 
to his house and read the warrant again, and Fairefeilde replied 
that he cared nothing for Captain Tom, with many filthy speeches, 
upon this his wife said "pay the man, why shoulde you trouble 
him," and Walter replied, "hould youre pease, I know my way 
& will not haue it Chocked out to me." Deponent went to the 
table and distrained two pewter vessels and started to go away 
with them, but Walter wrested them away from him and did not 
offer anything in the place of them. The next day deponent 
took Thomas Fiske, jr., with him and again demanded the goods; 
still Walter refused, and deponent said he would take corn. 
Walter said, "how will you come by it & I Answered I will goe 
Into youre Chamber & take it then Walter went & stood upon 
the stares & saide you shall not: Come upon youre peril! & 
shooved me with violans severall times & tooke A greate Club in 

* Autograph. 



310 IPSWICH QUARTERLY COURT [May 

In the complaint of Daniell Killam against Walter Fairefield 
for abusing him, the latter was ordered to pay 6s. 8d. to the 
county and 20s. to said Killam.* 

his hand & vowed if I Came theare he woulde knock me down: 
& bid mee gitt me out of dore or he would send me out & sett his 
hand Against my throte & with violance shooued me all moste 
out of the dore but I held me by the dore postes & waiter saide 
Charles theare are boords by the barne & held one hand on my 
shoulder and the other hand Against my throte & saide Looke 
out here Charles wher as my fase was into the house & my hands 
holding still on the postes of the dore." Walter tried to turn his 
head around, over his shoulder, and called his servants to bear 
witness. Thomas Fiske, jr., testified to the same. Sworn in court. 

John Fiske, aged about nineteen years, and John Gilbert, aged 
about seventeen years, deposed as to what Walter Fairefeld told 
about the trouble. He said that he thought Gott was not in 
earnest at first and took a flagon and a pewter dish, placed them 
on the cubbard's head, and said if Gott would go to the mill with 
him he would have pay enough, but "the sneakeing Rascal 
went away." He said he supposed Gott would come the next 
day and bring Capt. Tom with him, with the intention of having 
corn, "but if they haue it they shall haue Cold Iron first if I could 
help them to it." Sworn in court. 

John Waldren, aged about twenty-two years, deposed that 
Charls Gott warned him the Thursday that Walter Fayerfield was 
absent from trayning as follows: "I com to warne you to trayn 
next Thirsday you must be in the field with your arms compleat 
by eight of the cloke in the morning for it is a day that we must 
shew arms," but he said if it be fowl weather, then the next fair 
day. Deponent said that the morning was foggy, with showers, 
and at eight o'clock it came up thick and black as if it were to be 
a rainy day. At nine deponent started and there was a great 
shower and when he reached the field at ten o'clock, there were 
but few of the company there, "the drum" coming about an hour 
after. 

William. Fiskef and John Abbe, jr.,f testified. 

Nathaniell Browne, aged twenty-two years, and Tameson 
Walden, aged about sixteen years, deposed that on Apr. 14, 
during the controversy Gott said to Fayerfeld, "you are to hy, 
you must be brought down." Sworn in court. 

John Bisson, aged about seventeen years, and Tameson Walden, 
aged about sixteen years, deposed that Fayerfield showed Gott 
seventeen boards, many of them twenty feet long, but Gott would 
not look at them, etc. Sworn in court. 

*John Gillburd, John Killam and Benjaman Kimball deposed 

t Autograph. 



1674] RECORDS AND FILES 311 

In Walter Fairefield's complaint against Daniell Killam for 
breach of the Sabboth, court found no proof.* 

John Downing's wife was admonished upon her presentment^ 

In answer to John Lee's petition, court respitted 51i., provided 
that he keep away from Sarah Roe. 

John Knowlton was admonished upon his presentment.! 

that Daniell Killam came with his sled for a load of wood when 
Walter Faierfild said "Killam stand of I sware you shall haue 
no wood here the saied daniell said I will and had tied up too 
sticks and was tacking up another and faierfild came to him and 
pushed him downe backward and sett upon him with boath his 
hands upon his throat and punching him on the breast with his 
knees," etc. Deponents pulled him off and when Killam got 
up, his mouth was full of blood and he spit blood. Faierfeld 
said, "Killam wher would you haue ben befor this time if you had 
not had help her you would haue ben as whist as a lamb before 
this time." Sworn, Jan. 1, 1672, before Daniel Denison.§ 

John Gilbort deposed. 

Tripheanie (her mark) Geare, aged about seventy-two years, 
deposed that she living in the house with Daniell Killam last 
winter, noticed the abuse he received from Fairefild. His throat 
was swollen about his windpipe about the bigness of a child's 
fist of three or four years of age and the skin scratched off. There 
was an impression on one side of his breast as if one of his ribs 
were cracked and buckled in, if not broken, and he raised blood 
for some time after, continuing ill about a month. He was 
unable to do any hard labor and constantly complained when he 
ate that his meat would not go down. 

John Gilbert deposed. Sworn in court. 

Bill of cost of Daniell Kelem, jr., 17s. 9d. 

* Summons, dated Apr. 30, 1674, to Daniell Killam, jr., upon 
complaint of Walter Fairefield about breach of the Sabboth by 
driving swine into a corn field, signed by Robert Lord,§ cleric. 

f Presented for neglecting their children some days and nights, 
often leaving them alone. He was presented for excessive drink- 
ing and for his threatening of his co-inhabitant to burn the house. 
Wit: Joseph Giddings and Sarah Burnam. 

JJon. Smith, sr., deposed that he had noticed that Will. Whit- 
tred, John Peircs and Jon. Knoulton were often very disorderly at 
meeting in the time of public worship "by prating together," 
sometimes laughing, spitting in one another's faces, pricking 
one another's legs, "justing" boys off there seats, heaving things 
into the other gallery among the girls who sat there and breaking 
the glass windows. Sworn in court. 

§ Autograph. 



312 IPSWICH QUARTERLY COURT [May 

Wm. Whitred was admonished upon his presentment.* 

Richard Holmes confessed that he struck his wife four or 
five blows with a stick, and was fined 4 nobles. f 

Thomas Hobbs complaining against John Lampson and not 
prosecuting, the latter was allowed costs. 

Rachell Clenton, presented for not living with her husband, 
complained that he did not provide for her. Court ordered 
that Larance Clenton should every week, or at least once a fort- 
night, bring to his wife 2s. per week, for neglect of which he 
was to be sent to the house of correction. 

Alexander Allhart was released from training and watching. 

Renold Foster, sr., was released from training, without pay. 

Whereas Mr. Wm. Hubbard has disbursed 81i. for his servant 
Peeter Laycrose, in satisfaction of the court sentence for thefts, 
court ordered that he serve said Hubburd two years after his 
time is out.t 

Court having ordered John Polin, with some others, to take 
care and provide for Edmund Patch and Eunice Patch, his 
daughter-in-law, and by an order sequestered the lands of Ed- 
mond Patch and Abraham Patch that they may be liable for 
such relief, said Polin having paid three or four pounds for said 
Eunice's lying in, and Eunice having made a writing to convey 
a parcel of land to said Polin for security, court appointed Mr. 
Richard Hubbard, Richard Walker and John Dane, jr., to ap- 
praise the land. They were to give their judgment whether the 
selling of a portion of the land in this way would be a damage 
to the whole parcel. 

Ephrim Fellows, aged about thirty-three years, deposed that 
he often saw John Pearce playing at meeting in the time of ex- 
ercise, sometimes spitting on other boys' hats and clothes, taking 
boys' hats and casting them down and kicking boys with his 
feet. Sworn in court. 

Josiah Clarck was a witness to the presentment. 

fRicherd Horns acknowledged that about Apr. 18, "I Being 
about to corak won of my children my wife indefring to take it 
awaye and som words she gafe me that stord up my anger and 
I gafe her saferall Blows about 4 or 5 Blows nathannil harris 
Being an ey witnase doth tasty fi that this the is hole truth a 
Bofe wrighting." 

fPeetter Croy was presented for not observing the sentence 
of court in wearing a rope around his neck. 

* See foot-note on page 311, marked $. 



1674] RECORDS AND FILES 313 

The treasurer, Mr. Robert Paine presented his account to 
the court, the court's credit being 8641i. 13s. 6d. and the debts, 
759H. 10s. 7d., so that when the old fines are gathered, there are 
due to the county, 1051i. 2s. lid. Given to the house, 10s. 

Inventory of the estate of John Newman, sr., taken Dec. 30, 

1673, by Robert Pearce and Fra, Jordan, and allowed, Mar. 31, 

1674, upon oath of Alice Newman, the widow, the homestead, 
wearing apparel, corslet, etc., amounting to 911i. 6s. [Original 
on file in the Registry of Probate.] 

Inventory of the estate of Robert Wallis, deceased, taken 
Mar. 17, 1673-4; half a house, domestic animals, a debt to Good- 
man Graves, etc., amounting to 951i. 19s. Nicolas Wallis and 
Simon Stace agreed on Apr. 2, 1674, concerning the estate of their 
father Robert Wallis, that said Nicolas would take the whole 
care of providing for his mother, Simon to be free from paying 
anything toward her maintenance, and that Nicolas should 
have the whole estate, paying 201i. to the aforesaid Simon, as 
follows, in six acres of meadow at 81i., and 121i. in a horse and 
mare and neat cattle to be appraised by two indifferent men. 
Allowed, Mar. 31, 1674, in Ipswich court. [Original on file in 
the Registry of Probate.] 

Inventory of the estate of Edward Sawyer, appraised by John 
Pickard, Ezekiel Northend and Samuell Brocklebanke, Mar. 27, 
1674, and allowed upon oath of John Sawyer, his son, apples, 
tan pit, leather, tanhouse, hides, Carlton's marsh, house, etc., 
2231i. 8s. [Original on file in the Registry of Probate.] 

Thomas Tenny and Ezekiell Northend deposed that being 
with Edward Sawyer not long before his decease, they heard 
him say that his estate should be equally divided between his 
two sons John and Ezekiell Sawyer, but that John, his eldest 
son, should have 201i. more than Ezekiell; and for the main- 
tenance of his wife, that she should be maintained out of the 
estate by them both, and if they did not maintain her com- 
fortably, that she should have liberty to sell land. Sworn in 
court. [Original on file in the Registry of Probate.] 

Administration upon the estate of Edmond Marshall was 
granted to his son-in-law James Coleman, who brought in an 
inventory amounting to 231i. 19s., which was allowed. Ben- 
jamyn Marshall deposed that he was present when his father 
was upon his death bed, and his father gave the estate to the 



314 IPSWICH QUARTERLY COURT [May 

disposing of James Colman, "only one cow he gave my brother 
Edmond & myselfe, and I am contented it should be soe." [Origi- 
nal on file in the Registry of Probate.] 

Will of Richard Clarke, dated Feb. 7, 1673, mentions son 
John and daughter Hester Hobkinson, and was proved, Mar. 31, 
1674 in Ipswich court, upon oath of the witnesses, Samuell 
Brocklebanke, Maxemillian Jewett and Richard Swan. [Original 
on file in the Registry of Probate.] 

Inventory of the estate of Richard Clarke, appraised Feb. 
22, 1673, by Maxemilian Jewet and Samuell Brocklebanke, 
amounting to 431i. 3s. 8d., and allowed upon oath of John Clarke, 
executor, Mar. 31, 1674, in Ipswich court. [Original on file in 
the Registry of Probate.] 

Will of Thomas Hart of Ipswich, dated Feb. 12, 1673, men- 
tions sons Thomas and Samuel, grandson Thomas Hart, daughters 
Sarah Norton and Mary Hart, and proved by the witnesses, 
John Denison, sr., and John Brewer, sr., on Mar. 31, 1674, in 
Ipswich court. [Original on file in the Registry of Probate.] 



Samuell Guile, aged about twenty-four years, deposed that 
one day he met with Danill Sumerby and told him that his 
brother's master had lost money and had charged his brother 
with stealing it. Danill replied that he wondered at that and 
did not believe that John Guile had taken it. Then deponent 
told Danill that some thought that he had the money, for he 
was seen in the house on that Monday, but Danill said it was a 
lie. Danill owned that he had a half crown in money on Monday 
and that he paid one shilling, six pence to Goodwife Chanler and 
a shilling to John March, and that he borrowed it of a boy. De- 
ponent asked him how the boy came by it and he replied that 
there was a wedding and he had three shillings given him, and 
he borrowed two shillings of him. 

John Guile, aged about twenty years, deposed that he heard 
Sumerby say the Saturday before the money was stolen that 
he wanted money to pay a bill and offered his knife for a shilling 
which nobody bought, but Goodwife Chanler's maid said he 
afterwards paid her mistress 18d. in money. Sworn in court. 

John March, aged about sixteen years, deposed that Danill 
Sumerby was at his father's house the week that John Hall lost 
his money and Danill gave deponent a shilling for a pint of wine. 
He asked him to get him a quart more and he would give him 
two shillings, but deponent told him that he knew his father 
would not let him have it. Sworn in court. 



1674] RECORDS AND FILES 315 

Inventory of the estate of Thomas Hart of Ipswich, appraised 
Mar. 21, 1673-4, the homestead, a tan yard, furniture, etc., 
amounting to 7291i. 13s. 6d. He owed John Whipple, sr., 
John Denison, sr., and Jo. Brewer, sr. Allowed, Mar. 31, 1674, 
in Ipswich court. [Original on file in the Registry of Probate.] 

Samuell Younglove, jr., testified that he had observed Thomas 
Knowlton ever since he came to this side of the river to be a 
quarrelling, lying fellow, full of all baudy discourse as well before 
children as others. He "set neighbours togather by the ears 
for as I am tould he went to daniell Houey and tould him that 
I hired him and was to give him five shillings in money to tell 
Daniell Hovey that I said he was a base Lying fellow as any 
was in the towne which is uterly false," and also that he "takes 
great delight in nicknaming of seuerall persons as deacon Good- 
hew and goodman ayers and goodman hunt and goodman sawyer 
and goodman howard and father younglove and goodman wood- 
ward and goodman Rust and nathaniell broAvne and myself e." 
He also went to Obadiah Bridges and told Robert Simons that 
deponent said his master kept a base fellow who had knocked 
a shoat on the head for him, when he never said it. 

Good wife Story, sr., testified that Mary Fowler told her what 
Knowlton said about his relations with Goody Rust and Goody 
Willson. 

Mary Tallbut deposed concerning what Knowlton told about 
John Potter's relations with Goody Browne. The latter had 
one son. 

Mary Tallbut, aged about nineteen years, deposed that she 
lived at Daniell Hovey's, etc., and that when Knowlton told 
his story to Goody Hovey, she said, "Goodman Knowlton you 
are the deuills packhorse." She said that Joseph Jacob heard 
the story and Sergeant Burnum told him to come there with it. 

Sarah, wife of Samuell Younglove, deposed that when Mary 
Fowler nursed her, etc. 

Samuel and Elizabeth Hunt deposed that they heard Good- 
wife Bornham say that Knowlton was a lying fellow, and she 
was ashamed to hear him talk, etc. Also that Goodwife Rust 
said her sister Rachell and Seu Ringe were afraid of him while 
he lived with her, and she could never persuade them to go to 
his shop even to get a shoe mended. They also testified as to 
what Knowlton said concerning Sam Tailer, when the two men 
were reaping for Sergeant Perkins. 

Presentments, dated Ipswich, Mar. 31, 1674, signed by Moses 
Pengry,* in the name of the rest : 

The wife of John Leeds, in not repairing to her husband though 
she had been warned often. 

* Autograph. 



316 SALEM QUARTERLY COURT [J line 

Court held at Salem, 30 : 4 : 1674. 

Judges: Samuell. Symonds, Esq., Dept. Gov., Maj. Generall 
Daniell Denison and Major William Hathorne. 

Jury of trials: Mr. Jno. Hathorne, John Putnam, George 
Keaser, John Norman, Mannasser Mastone, John Williams, 
Nathaniell Beadle, Thomas Fisk, William Dodge, sr., William 
Seargeant, Mr. Edw. Needham and Mr. Daniell King. 

Grand jury: Mr. John Ruck, Tho. Fuller, sr., Samuell Ebborne, 
sr., Frances Skerry, John Ingersoll, Edw. Flint, Tho. Bishop, 
Tho. Patch, William Greegges, Robert Hibbert, Mr. Thaddeus 
Ridden, Richard More, John Pearson, Andrew Mansfeild and 
Thomas Farrer. 

Court declared that all bills of cost should be allowed in money. 

Joseph Armitage, assignee and attorney of Saml. Benet v. 
Capt. Tho. Savage. Debt. The action was to proceed when 
plaintiff paid for the entry.* 

Richard Dole's negro called Grace, for fornication, being with 
child. Wit: Richard Dole and his wife. 

Thomas Denis, for feloniously taking away nails out of a 
bark. Owned before Major General Denison. 

John Pearse, William Whitred and John Knowlton, jr., for 
disturbance in the meeting house in time of exercise, by playing. 
Wit: John Smith, sr., Ephraiem Felows and Philemone Dane. 

*Writ: Joseph Armitag, assignee and attorney of Samuell 
Benitt v. Thomas Savag; debt of about 701i., per judgment of 
court, which debt with many others of the workmen's, said 
Savage promised to pay in the special court at Boston, wherein 
he obtained judgment against the Iron works in Line; dated 
June 22, 1674; signed by John Fuller,f for the court; and served 
by William Crofts,f constable of Linn, by attachment of de- 
fendant's interest in the Iron works. 

Thomas Savage's bill of cost, 14s. Thomas Savag ef asked 
the favor of the court in the law relating to vexatious suits, which 
is treble damage. 

Joseph Armitage petitioned the Governor, Deputy Governor 
and Magistrates that "wheras yo r Honors poore petission r , is 
by gods great blessing now in his latter days, and not able to 
undertake any laborious worke, nor hath bin for seueral years, 
and hath but litle estate as he can comand," he desired to be 
allowed to enter a cause or causes at the next Salem court, etc. 
John Leverett,f Governor, and Samuel Symonds, f Deputy Gov- 
ernor, on 18 : 4 : 1674, ordered that respite of his entry money 

t Autograph. 



1674] RECORDS AND FILES 317 

Joseph Armitage v. Richard Hood. Withdrawn.* 

for three months be granted said Armitage. "24 :4 mo. M r . 
Verrin let Joseph Armitage haue the first Entry he comeing first 
to you. Wm. Hathorne." 

*Writ: Joseph Armitage v. Richard Hood; for living upon 
and improving his land at Windmill hill, and not paying him 
rent; dated June 24, 1674; signed by John Fuller,f for the court; 
and served by William Crofts,f constable of Lynn, by attach- 
ment of house and land of defendant. 

Richard Hood's bill of cost, John Joyliffes' attendance, etc., 
12s. 

Copy of Salem court records of 26 : 9 : 1661, 25 : 4 : 1661 
and 26 : 9 : 1672, in relation to the ownership of the land, etc., 
made by Hilliard Veren,| cleric. 

Edward Richards of Lin, aged about sixty years, deposed 
that about twenty years since by virtue of a judgment granted 
against Mr. Addam Otley, Joseph Armitage seized by execution 
a herd of cattle, between twenty and thirty, belonging to the 
estate of John Humphreys, Esq. Sworn in court. 

William Crafts, aged above sixty years, deposed that he saw 
several cattle of Mr. John Humphreys, upon the town common 
of Lin, on a Sabboth day, etc. Sworn in court. 

Copy of will of Joseph Humfry of Linn, gentleman, dated 
July 3, 1663, "being bound on a Voiadge for England & vnder- 
standing in part the danger of the Seas: Item doe give my grant 
of three hundred Acres of land granted to me by the last generall 
Court if I dye before I come to New England vnto m r Antipas 
Boys, for the vse of his son Antipas junio r Item. I give to 
m r Richard Price his sonne Thomas Price & to m rs Elizabeth 
Pelham all my Right & Title of my Farme at Lynn, where Fran- 
cis Ingolls now lives equally to bee devided betweene them, 
excepting Ten pounds that I give to m r Samuell Whiting senio r 
& Pastor of the Church of Christe at Lynn: And for true per- 
formance hereof I doe appointe my trusty & welbeloved Freinde 
m r Richard Price to be my Executor." Wit: Thomas Kellond 
and John Wensley, in the presence of John Leverett, Esqr., 
Dep. Gov., and Edward Ting, Esq., assistant. Sworn, Oct. 23, 
1672, by the witnesses, before Isaac Addington, cleric. Copy 
made by Isaac Addington. f 

David Anderson, aged about twenty-nine years, deposed 
that about three years since, he being then in Lisborne, Mr. 
Joseph Humphry, formerly of this country, was killed, and de- 
ponent helped inter the body of said Humphrey. Sworn, Oct. 5, 
1672, before Edw. Ting, assistant. Copy made by Isaac Adding- 
ton,! cleric. 

jAutograph. 



318 SALEM QUARTERLY COURT [June 

Joseph Armitage v. Henry Roads. Review of a judgment 
at Ipswich court. Withdrawn, and defendant allowed costs.* 

Hester Eastwick, administratrix to Benjamin Fermaiz v. 
Frances Collens. Verdict for defendant. 

Mrs. Gennett Whiple, widow v. Left. Rich. Waye, Marshal 
Richard Waite and Bozoone Allen. Withdrawn, f 

Samll. Hunt v. Leift. Samll. Apleton. For detaining a horse. 
Verdict for plaintiff, 51i. damage or the horse delivered. J 

*Writ, dated June 25, 1674, signed by John Fuller, § for the 
court; and served by William Crofts, § constable of Lynn. 

Writ: Joseph Armitag v. Henery Reed; trespass, for fencing 
his land; dated June 25, 1674; signed by John Fuller,§ for the 
court; and served by William Crofts, § constable of Lynn. 

fBill of cost, 211. 6s. lOd. 

I Writ: Samuell Hunt v. Left. Samuell Appleton; for detaining 
a dark bay horse from him; dated June 25, 1674; signed by 
Robert Lord,§ for the court; and served by Simon Stace,§ con- 
stable of Ipswich. 

Samuell Hunt's bill of cost, 21i. 8s. 3d. 

Abigaile Burnam, aged about nineteen years, deposed that 
Hunt said that it was not their horse that was taken up, for their 
horse had the hair of his tail cut and a white foot, etc. Sworn, 
June 27, 1674, before Daniel Denison.§ 

Josiah Burnam, aged about fourteen years, deposed. Sworn, 
June 27, 1674, before Daniel Denison.§ 

John Saferd and his wife, Ann, deposed. Sworn, June 27, 
1674, before Daniel Denison.§ 

Anthony Potter and Danil Potter, his son, aged fifteen years, 
deposed that the last Indian harvest young Sam Hunt came to 
their house to husk corn one night and young Sam. Appleton 
was there also. Appleton said that his horse was not three years 
old, etc. Sworn, June 25, 1674, before Samuel Symonds, Dep. 
Gov.§ 

James Fuller deposed that after Appleton had taken the colt 
out of Goodman Hunt's custody, carried it home to Labor-in- 
vain field, and Hunt had found him again, deponent met young 
Sam. Appleton at the mill, etc. Sworn, June 27, 1674, before 
Daniel Denison.§ 

Thomas Jacob testified that the jade John Browne desired 
Samuel Hunt to inquire after was a blackish mare, etc. Sworn, 
June 27, 1674, before Daniel Denison.§ 

Samuell Appleton, jr., aged about nineteen years, deposed that 
the reason his horse was not branded was because this horse 
leaped over the fence when his father was branding two years 

§ Autograph. 



1674] RECORDS AND FILES 319 

ago, and he was in haste and could not wait to find him, etc. 
Sworn, June 29, 1674, before Daniel Denison.* 

Jno. Knoulton, aged about twenty-nine years, deposed that 
Samll. Hunt, sr., told him that he had agreed with Mat. Perry 
for 10s. to find his horse, etc. Sworn, June 26, 1674, before 
Daniel Denison.* 

Will. Knolton, aged about thirty-one years, deposed that one 
day after lecture at the meeting house, Samll. Hunt, sr., told 
him that the horse he had lost was one he had of Daniell Hovey, 
etc. Sworn, June 26, 1674, before Daniel Denison.* 

Samuell Appleton, aged about nineteen years, deposed that 
he was driving the horse in controversy when Goodman Hunt 
challenged him, etc. Sworn, June 29, 1674, before Daniel Deni- 
son.* 

Nathaniell Browne deposed. Sworn, June 27, 1674, before 
Daniel Denison.* 

Samuell Hunt, jr., testified that after young Saml. Appleton 
took away the horse from Doctor Davis and had kept him a 
fortnight, he came to Hunt's house, deponent's father not being 
at home. He met him in the cow house and with deponent's 
mother fell into discourse about the horse. Appleton said he 
would not let anyone look into the horse's mouth to tell the age, 
and before he would let Hunt have him, he would take an ax 
and knock out his brains. Elizabeth Hunt affirmed the same. 
Sworn, June 25, 1674, before Daniel Denison.* 

John Chote, aged forty years and upward, testified that he 
thought the horse came of Daniel Hovi's breed because he bought 
one of the same breed. Deponent came to Hunt's on Sabbath 
days, etc. Sworn, June 25, 1674, before Samuel Symonds,* 
Dep. Gov. 

Daniel Hovey deposed. Sworn, June 27, 1674, before Daniel 
Denison.* 

James Fuler, aged twenty-five years, deposed that he met 
Hunt and Appleton near Goodman Hawordes and looking into the 
horse's mouth, he saw the bridle tusks, which deponent had 
been told by horsemen showed the horse to be nearly four years 
old, etc. Sworn, June 27, 1674, before Daniel Denison.* 

John Line deposed. Sworn, June 27, 1674, before Daniel 
Denison.* 

John Dane, sr., deposed as to marks on the colt. Sworn, 
June 27, 1674, before Daniel Denison.* 

Mathew Pery deposed. Sworn, June 25, 1674, before Samuel 
Symonds, Dep. Govr.* 

Jeams Burnam, aged about twenty-two years, deposed. Sworn 
June 27, 1674, before Daniel Denison.* 

Daniell Wikam deposed that Goodman Hunt came to him 
the first Monday in March last and entreated him to plead a 

* Autograph. 



320 SALEM QUARTERLY COURT [June 

case for him, saying that his antagonist was a great man, Lt., 
Appleton. Deponent prayed him to go to Goodman Pickard 
and get him to do it. "he tould me that he had beene with 
him, and he sent him to me, by the same token that you gave 
him a nonsute at Ipswich the other day, he tould me that good- 
man Pickard had noe mynd to meddle with it, he should give 
offence to m r Phillips, I tould him m r Phillips was as neare me 
as goodman Pickard, And that Mr. Appleton and I had beene 
very good freinds many yeares, I was very loath to displease him, 
the sayd Hunt asked me how he should come by the horse that 
liftenant Appleton had taken from him. I tould him I knew no 
better way then to Replevy him, he tould me the Horse would 
not stay long at Leftennant Appletons, for he would not keepe 
from the horses he kept company with from a colt & commended 
the horse exceedingly, & he tould me that he could have a good 
cow for him, & that he could prove him suficiently to be his horse, 
and tould me the maior commended him very much I tould him 
if the horse came to his hands againe he would avouch him to 
be his I would buy him of him if he would sell him a reasonable 
peniworth if I liked him, only I would keepe a month upon try all 
and we agreed to meet att m r wainwrights the thursday following 
to see if we could make a bargaine, that being a publike place; 
That soe Liftenant Appleton might haue notice of it, and Replevy 
him if he pleased, & the said Hunt answered me, and the said 
Hunt intreated me if he sent a horse to my house that I would 
keepe him for him, and he would content me for it, and the night 
following I was a broad very late, about midnight I went into 
my barne to looke at my sheepe it being lambeing time, there 
was no horse in my barne then that I saw, but the next morneing 
before sun rise I went into my barne againe to looke to my cattle, 
and there was a horse just within the barne dore eating as though 
he had beene put in but a little before, about three or foure houres 
after, goodman Hunt came to me and sayd he was goeing to 
Rowley mill, and prayed me to lend him my horse for his mare 
was very poore, I tould him I could not for my horse was poorer 
but there is a horse in my barne, that came I know not how, you 
may take him if you please for anything that I have to doe with 
him and Hunt sayd to me how doe you like that horse, I saide 
unto him he is a very asse in comparison of a horse, is this the 
horse you told me off, that m r Appleton had taken from you and 
Hunt sayd yea, I pray you keepe him for me a while and I will 
content you for it, Tasked him how he came by the horse, but 
he tould me not how he came by him, but he sayd the first time 
that he saw him, was in my owne yard when I rose, and he was 
neighing after the horses he used to keepe company with," etc. 
Sworn, Mar. 31, 1674, in Ipswich court. Copy made by Robert 
Lord,* cleric. 

* Autograph, 



1674] RECORDS AND FILES 321 

John Line, aged about twenty-four years, deposed that he 
lived with Lieut. Appleton and Hunt tried to get him to take 
the horse away from his master and deliver him to him. He asked 
deponent to his house and said he had been to Rowley and con- 
sulted as to the best way to get the animal and would give de- 
ponent or anyone else 10s. to find him. Hunt also told him to 
borrow the horse, ride him to town and he would be in the way 
at Goodman Sawyer's and take him. Deponent refused to 
do all these things, but at length Hunt persuaded him to pull 
the pin out of the stable door and let the horse out. He did 
so, and Hunt's son Samuell caught him in Lieut. Appleton's 
yard, etc. Sworn, Mar. 31, 1674, in Ipswich court. Copy made 
by Robert Lord,* cleric. 

Samuel Hunt, jr., and William Backer deposed. Sworn, 
June 25, 1674, before Daniel Denison.* 

Tho. Boreman, aged twenty-four years, deposed. Sworn, 
June 29, 1674, before Samuell Symonds,* Dep. Govr. 

Daniell Hovey deposed. Sworn, June 24, 1674, before Daniell 
Denison, and copy made by Hilliard Veren,* cleric. 

Nathaniel Brown, aged twenty-two years, deposed that he 
went to Hunt's to borrow a pair of sheep shears, but he not being 
at home, deponent went toward William Hawood's house, where 
he found Hunt and Danill Hovie, with James Fuller "scorsing 
colts," etc. Sworn in court. 

Thomas Knowlton, aged thirty-one years, testified that Hunt 
inquired of his brother Joseph Knowlton, etc. Sworn in court. 

Thomas Fuller, aged seventeen years, deposed that he saw 
Sam. Appleton and Christopher Bowles turn the horse out, etc. 
Sworn, June 27, 1674, before Daniel Denison.* 

Nicholas Marble, aged about fifty years, deposed. Sworn, 
June 26, 1674, before Daniel Denison.* 

Samuell Appleton, sr., deposed that the horse was his and 
was never absent from the mare, except "at Topsfield being 
taken in a mans field of corne there seuerall times, the owner 
of y* Corne Goodm. Cumins coming to make a Complain that 
the horse had done him much damage." After that the horse 
was fettered, that is, from wheat harvest to Indian harvest, 
and later strayed into the common, etc. 

Nathanil Browne, aged twenty-three years, and James Fuller, 
aged twenty-five years, deposed that John Browne, jr., etc. 
Sworn in court. 

Philemon Dane, aged about twenty-seven years, deposed. 
Sworn, June 27, 1674, before Daniel Denison.* 

Anthony Potter and Isaiah Wood deposed concerning the 
horse that Appleton's son took from Thomas Borman's. Sworn, 
Mar. 31, 1674, in Ipswich court, and copy made by Robert Lord,* 
cleric. 

* Autograph. 



322 SALEM QUARTERLY COURT [June 

Robert Sanford v. Nathaniell Putnam. Trespass. Verdict 
for defendant. Appealed to the next Court of Assistants. Robt. 
Sanford and Capt. Hutchinson bound.* 

John Browne, jr., deposed. Sworn, June 25, 1674, before 
Samuell Symonds, Dep. Govr.f 

Caleb Kimball, deposed. Sworn, June 29, 1674, before Daniel 
Denison.f 

*Writ: Robert Sanford of Boston v. Nathaniell Putnam; 
trespass; for cutting down wood and timber and fencing in a 
considerable parcel of land belonging to the farm that was for- 
merly Townsend Bishop's and now belongs by right to plaintiff; 
dated 24 : 4 : 1674; signed by Hilliard Veren,f for the court; and 
served by Henery Skerry,f marshal of Salem. 

Copy from the town book of Salem, 11 : 11 : 1635, made by 
Jno. Corwin,| in the name of the selectmen: " Granted by the 
Freemen of Salem to M r Townsen Bishop of the Same his Heirs 
& Assignes foreuer one Fearme Containing Three hundreth 
Acres, Butting uppon M r Endicots farme on the East & fouer 
hundreth Poles in length & Six Score poles in breadth, y* is to 
say Six Score & foure at y e west end and one hundreth & Sixteene 
at the East end, bounded by the water betweene y e fearme of 
the Executo r s of m r Skelton and him at the North East Corner 
of his farme, and hath there allowed from m r Endicots farme, 
eight acres for an highway bounded again at y e South west Cor- 
ner by the Brooke, Prouided always that in case of Sale the 
Toun of Salem to haue y e first proffer of that before any othe r ." 

Joseph Houlten deposed that the pine or hemlock tree at the 
sawmill at Crane river has been the bound of the lands of Mr. 
Townseng Bushep for nearly thirty years, and deponent being 
sometime with Mr. Allen and Mr. Fisher of Dadom, the line 
was run and they found that the marked trees agreed with the 
records and the marked tree on the northeast corner and the 
southwest corner stand upon the same brook. Further standing 
at the hemlock tree, Mr. Allen agreed to the bounds with Nath- 
anill Putman, and there was a middle tree marked as a bound 
by consent of Mr. Allen and the rest of the proprietors there, 
which tree is standing by the pathside near Mr. Allen's house. 
Sworn in court. 

Nathaniell Robinson, aged about fifty years, deposed that he 
being at Salem and living with Mr. Townsend Bishop in 1636, 
and several years after, "in which tyme we liued at a farme 
about three myles from Salem, and at that tyme when first it 
was setled, and then he knew none bordring one sayd farme, 
but the Honoured Late Gouerner m r : Endicott and m 118 
Skelton, and during his tyme which was eight yeare in the farme 

t Autograph. 



1674] RECORDS AND FILES 323 

and y e farmes thereabout he neuer heard or understood in the 
Least that this m r : Nath: Putman who as it is now sayd lay 
clayme to it, or any other had any intrest, except sayd Bishop, 
one this side of the brooke or Riuer, as ioyning to sayd brook 
or Riuer which goes from the head of the meadow belonging 
to y e sayd farme, to the salt water which ptes the Honoured 
Late Gouener m r : Endicott his Land, and the Land of m™ 
Skeltons." Sworn, June 27, 1674, before Tho. Clarke,* assistant. 

Mrs. Elisebeth Endecott, aged about sixty years, deposed 
that "as to what ground in Sallem that my husband bought 
of Mr. Chickeren that afterwards dwelt at dedham that the bounds 
of that Land between farmer porter and it was the watter that 
is so high as farmer porters Land went, and Likewis Nathaniell 
putman the bounds between him and my husbands Land it also 
was the watter and this my husband and I did poses till after 
my husband came to dwell at Boston without Mollestation or 
any disturbanc: or claim Laid to it that I know of after which 
time Nathaniel putman or putnam did fence in some small part 
of that ground which was on our side of the brook and did fell 
trees on the same ground which was A great offence to us and born 
witnes Against by my husband and by my son John Endecott, 
which Land was by my husband giuen to my son John Endecott 
which is now deceassed." Sworn, Apr. 13, 1674, before Edward 
Hutchinson,* commissioner in Boston. 

Deed, dated Dec. 4, 1651, given by Richard (his mark) Hutchin- 
son of Salem, yeoman, with the consent of Alee Huchinson, for 
71i. 10s., to Nathanaell Puttnam "of the same towne and p r ish 
halfe that farme that was formarly m r Stilemans Consisting of 
75 acras of vpland be it more or les and 4 acars of meadow scituate 
Lyeinge and beinge as is hereafter exspressed viz the vpland 
boundeinge on the south of the land that was formarty m r Towne- 
send Bishopps vpon the west Bounded vpon the other pt that 
was formarly m r Stilemans farme vpon the north Bounded vpon 
the Land that was formarly m r Thornedickes allsoe 4 acars of 
meadow one acar and a halfe lyeinge or buttinge on the Land 
that was m r Thornedicks and 2 acars and a halfe adioyninge to 
the vpland of the same ground that was formarly m r Stilemans 
the vpp Ende of the meadow adioyneinge to the other parte of 
the meadow bounded to agrate tree on the vpland and to A tuft 
of flages on the other Ende that stands by the brooke side And 
I doe by these p r sents Resigne and deliuar vnto the saide Nath- 
anaell Puttnam all the vpland and meadow aboue specified as 
his one ppar Right || for euer||." Wit: Robert Brett* and Jeff- 
erie Massey.* Acknowledged, 10 : 10 : 1651, before Jo. Ende- 
cott, Govr.* "The word (f r euer) was interlined before the 
ensealing & deliuery heerof. Jo. Endecott, Gov r ."* 

John Porter, sr., and Thomas Putman deposed that they were 

* Autograph. 



324 SALEM QUARTERLY COURT [June 

appointed by the town to lay out some highways at the Farms, 
and "they Com to Ingesels brouk & began neare a marked tree 
that that standes by nathanel Putmans fenc on the north sid 
the brouk & laid out a way as neare as they Could betwixt the 
farmes Mr. Endecotes on the south: & hedloks & Jose[p]h hol- 
tones on the north." Sworn in court. 

Jno. Weston, aged about fifty years, deposed that he worked 
with Nathaniel Puttman three years at certain times before the 
year 1652, during which time he helped to fence part of the land 
now in controversy. He also testified that "the hye way of 
Ipswitch Road did formerly Run Ouer y e Creek nere y e Land 
that is now In y e possession of Benjamin Scarlett." Sworn, 
30 : 4 : 1674, before Wm. Hathorne,* assistant. 

Nathaniell Ingarson, aged about forty-one years, deposed 
that the hemlock tree had been the reputed bounds of the Toun- 
sen Bishup farm, "which tree standeth at Crane Reuer by the 
sawe mill ner the land of the Exsecutors of m r Scelton: Also I 
doe further testifie that I wos at the Runninge of a line with m r 
Allin & the Rest of the propariators adgoineinge to the north 
side of his farm," etc. Also that Nathaniell Putnam had fenced 
part of the land in controversy before 1652. Sworn in court. 

Joseph Huchinson testified that he was with the layers out 
of Mr. Aline's farm, etc. Sworn in court. 

Jonnathan Walcutt, aged thirty-five years, deposed that the fence 
"that was toy 6 s d Putmans Cornfeild was short of the Brooke 
on that side that the s d putmans Land Lyeth on but theire was 
a small hedge fence at y e eastern end of the s d putmans Land 
y* went up Along the Brooke some part of the way upon the 
southward side of the s d putmans Corn feild fence & In some 
places went ouer that side of the Brooke & this deponent tes- 
tified that hee hath sene the sd putmans sons cut up both brush 
& wood In the Inside of the Last fence & brush In the outside 
& this wood & Brush was cutt since It was in the posesion of 
m r James Allen." Sworn in court. 

Benjemin Scharlett, aged about forty-nine years, deposed 
"that he living with m r Endecott did observe that when Nath- 
aniell Pittman did First sett up his Fence on that End of his 
Land Next my m r his Lands the saide Putman did sett it short 
of the Brooke on that side of the Brooke his own Land Lay. 
And after this sometime did Remove it to the Brooke, And Fur- 
ther saith that Capt. Trask about one yeare before his death 
told him that the Brooke was the Bounds Betweene this Land 
now in Controversie and m r Sckeltons Farme." Sworn in court. 

Zerabbabel Endecot, aged about thirty-nine years, deposed 
"that the land wch my father bought of Goodman chickering, 
he had the brooke for his bounds as farr as m r skeltons land did 
runn & then to my best remembrance it runn vpon a straight 

* Autograph. 



1674] RECORDS AND FILES 325 

John Godfery v. Edward Cleark. Unjust molestation. Ver- 
dict for plaintiff.* 



line to the vpper Corner bounds and this possest by my father 
w%out molestation of any man while he removed to Boston, 
but after that my father was remooved to Boston, Nathaniel 
Putman or some by his order did fall or carry away timber of 
the said land, which is now in Controuersy. Sworn in court. 
Copy made from the files of the Court of Assistants by Edw. 
Rawson,f secretary. 

Roger Connantf certified, 29 :4 : 1674, that " being desired 
by nathaniell Putman to speak what I knew or remembred about 
the bounds of M r Bishops farm, lying in the bounds of Salem, (I 
being on of them w c h laid it out,) whither or no it had either 
fower or fiue sides or ranges in the limits therof. I doe hereby 
testifie, that to my utmost remembrance it had but fower sides 
according to our generall custome, neither can I conceiue any 
reason or remember any necessity that that should moue us 
to doe otherwise, for there then was roome enough, it was done 
many yeers past and therefore hard to remember all circum- 
stances." 

John Ingorson, aged about fifty years, deposed that he "liue- 
ing vpon y e farme y* sometimes was Townsend Bushups being 
rented by my father of m r Chickering I liueing 4 or 5 years w% 
my father vpon y e s d farme did alwaise vnderstand y e bounds 
of y e said farme to run from a hemlock tree at y* lower Corner 
of y 6 farme vp y e brooke w c h we counted y 3 bounds of y* farme 
& so possesed & enioyed by my father as y 6 bounds vntil it come 
now to y e place where now y* foote bridge is & then to runne 
ouer y e brooke & so to runne by a stright line to y 5 outside of 
y e orchard in w c h land below y e orchard I my selfe haue mowed 
grasse for my father on y* side y 5 brooke w*hout interruption 
for 4 or 5 years together to y e quantity of about a loade." Sworn 
in court. 

Christopher Waller, aged about fifty-four years, deposed that 
about sixteen or eighteen years since, he worked with Nathaniel 
Putnam in his field near Bishop's farm, etc. At the lower end 
next Mr. Skelton's, he had a little calf pasture, going toward the 
brook from the corner of the field, etc. Sworn in court. 

Zerobabell Endicott, aged about thirty-nine years, deposed. 
Sworn in court. 

Jeffery Massey, aged about eighty-two years, deposed that 
he was one of the layers out of the Bishop farm and they con- 
sidered the brook the natural bounds. Sworn in court. 

*Writ, dated Apr. 9, 1674, signed by Anthony Somerby,f 
for the court, and served by Robert Ayers,f constable of Haverill. 

t Autograph. 



326 SALEM QUARTERLY COURT [June 

Nathaniell Leonard v. Hana Downing. Defamation. With- 
drawn.* 

Samll. Leonard v. Hana Downing. Defamation. With- 
drawn.! 

Benjamin Lowell v. Mr. Richd. Lowell. Nonsuited. Re- 
entered and verdict for defendant.! 



John Godfris bill of cost, Hi. 17s. 

Benjamin Felton deposed that John Godfry was delivered to 
him in prison by Marshal Skery, and remained there ten days. 
He then gave his bond for appearance at Hampton court and 
paid said Felton 5s. for turning the key and 3s. for diet. Sworn, 
6:8: 1673, before Wm. Hathorne,§ assistant. 

*Writ, dated, 24 : 4 : 1674, signed by John Redington,§ for 
the court, and served by John How,§ constable's deputy. 

Nathanil Lenard deposed that Hana Downing was prejudiced 
against him and upon his telling her to attend to her duty, as 
she was their servant and they gave her meat, drink and lodging, 
and she not obeying, deponent gave her a box on the ear. She 
then reported stories about him concerning false swearing and 
uncleanness, which if the former be true, would prevent him 
from forever giving testimony in any case, and if the latter were 
true, "I being a singell man my fortten would be leueled with 
her owne which we trust shall proue is very mene." 

fWrit: Samuell Leonard v. Hanah Downing; for saying that 
he attempted uncleanness with her and with Elesabeth Looke; 
dated 24 : 4 : 1674; signed by John Redington,§ for the court; 
and served by John How,§ constable's deputy. 

J Writ: Benjamin Lowle v. Mr. Richard Lowle; for refusing 
to give him possession of a parcel of marsh lying in the old town 
marshes in Newbury, adjoining Anthony Morse's land, about 
eight acres, of which John Lowle died possessed, and which is 
now in possession of said Richard; dated June 24, 1674; signed 
by Anthony Somerby,§ for the court; and served by Joseph 
Bayley,§ son of and deputy for John Bayley,§ constable of New- 
bury. 

Bill of cost, Hi. 4s. 6d. 

Copy of papers taken from the Salem court of 27 : 4 : 1671, 
in a similar action, made by Hilliard Veren,§ cleric. 

Copy of will of Jno. Lowle of Newberry, dated 12 : 4 : 1647, 
and proved, 27 : 8 : 1647, upon oath of Edmo. Greenlefe and 
Willi. Gerrish, before Increase Nowell, secretary, and copy made 
by Edw. Rawson,§ secretary: "I give unto my wife Elisabeth 
Lowle one halfe of my Estate whither it consists in Goods w*hin 
or w*hout land houses Cattell household stuffe meadowes land 

§ Autograph. 



1674] RECORDS AND FILES 327 

broken or vnbroken or what else also my said wife to choose 
twenty pounds out of the residue of that estate which came by 
her mothers formerly or latter, The rest of my estate to be di- 
vided equally betweene my sonne John Louie mary Lowle Peter 
Lowle James Lowle Joseph Louie Benjamin Louie & Elizabeth 
Louie Also I dow humbly intreat these fiue my christian deare 
Loving freinds & brethren my brother william Gerrish Richard 
Louie John Sande r s Richard Knights & Nicholas Noyce to be 
my ecex s and Admin of this my last will & testament as also to 
be the ouerseers of my wife & children in a freindly christian 
way towards them and that you fiue should take ye Advice of 
our elde r s in case any one of my first wiues children dye before 
they haue their portion in their hands that it be equally devided 
amongst the rest that are living the same I say Concerning my 
second wives children Benjamin & Elisabeth these portions for 
my children to be payd them when the Court Judge them wise 
& able to mannage an estate as they shall receive information 
from six of the wise Godly men of the Toune with the Elde r s: 
Also I will that before the Goods be divided that my daughter 
Elisabeth shall take tenn pounds worth of hir oune mothe r s 
clothes. Also if my wife marry I will that my daughter Mary 
then shall Hue with my sister Johan Gerrish if my sister please 
if my daughter mary chuse to liue w% my sister before my wife, 
and that my two daughters shall haue their thirty pounds worth 
of clothes taken out before the estate be devided." Wit: Ed- 
mond Greenleife, Willim. Gerrish and Robert Long. 

Letter of attorney, dated June 26, 1674, from Richard Lowle,* 
of Newbury, gentleman, to Capt. William Gerrish. Wit: Rich- 
ard Dole* and John Knight.* Sworn in court. 

Copy of the inventory of the estate of Mr. John Lowle, de- 
ceased, appraised, last of June, 1647, by Edward Rawson, Tho. 
Miller and Abraham Toppan, and copy made by Edw. Rawson,* 
secretary: His wearing Apparell, 1 blu wat d grogran suite, Hi.; 
1 Leather suite, Hi. 6s. 8d.; Leather Jacket, 4s.; 1 Black cloth 
Coate, 18s.; 1 old Bla. Cloake & suite, Hi. Is. 4d.; 1 Freeze Jack- 
ett, 4s.; 1 Liuer Colld Cloth Cloake, 18s.; 1 Liuer Colld. Cote, 
old, 7s.; 1 Red Wast Coate with Doublett, 6s. 5d.; 1 Liver 
Colord Jackett & Hose, 15s.; 2 Hatts, 12s.; 1 p Bootes, 10s.; 
4 p r of shooes, 10s.; 4 old stockinnes & new, 12s. 6d.; 4 shirtes 
Worne, 15s.; 5 Night Cappes, 3s. 6d. ; 11 Day Cappes, Hi. 3s.; 
6 Bands, 1 pr. Boots with toppes, 7s. 6d.; 6 old Handkercheifes, 
2s. ; 2 swordes, 1 pr. Bandaleers, 1 Musket, one pistoll, 1 Frather, 
1 ponyard, 211. 4s. 6d. In the Chamber, green Curtains, 21i. 
12s.; 1 Fair Cupboard Cloth, Hi.; 2 wrought Cushions 1 Chaer, 
1 Case for a Chayr, Hi. 10s.; 1 Carpett, Hi.; 1 peice of Green 
serge, 8s.; another pr. of Curtains & Vallen, 13s. 4d.; Bookes, 
31i. 7s. In Linning, a Tufted holland wastcoate, 4s.; an old 

* Autograph. 



328 SALEM QUARTERLY COURT [June 

holland sheete, 2s. 6d.; 2 old Linninne Wastcoates, 3s. 6d.; a 
Large Diaper table Clothe, 10s.; 1 doz. Diaper napkinnes, 12s.; 
1 p fyne Canvas sheetes, 12s.; 3 p Canvas sheetes, 18s.; 3 odd 
sheetes, old, 5s. 4d. ; 2 p old sheetes, 4s. ; 2 Course towells, Is. 
4d.; 1 Callico pillow bear, 3s. 4d.; 1 pr. of pillowbyes, 6s.; 1 p 
Dowlas pillow beers, 4s.; 9 Course napkinnes, 4s.; 14 Course 
napkinnes, 7s.; 5 other napkinnes, 3s.; 17 Quoifes, 1 Ruffe, 
lis. 6d.; 8 forehead Clothes, 10s.; a parcell of childbed Linnin, 
Headbands, &c, 21i.; 1 odd sheete, Is.; 4 napkinnes, 1 Towell 
& table Clothe, 7s. 4d.; table Cloth & 3 Broken peices, 2s.; an 
old odd sheet & 2 chise clouts, Is. ; a pillowby, 2s. ; an old Table 
cloth & 2 napkinnes, Is.; 2 old Bands, 9s. 6d.; 91i. yearne, 9s. 
6d.; 2 old Carpetts, Is. 6d.; 6 Drinking Napkinnes, 2s.; 1 p 
Holland sheetes, Hi. 2s. ; a p fine sheetes, 16s. ; 2 p Course sheetes, 
19s.; Fine old odd sheete, 8s.; p fine Litle sheets, 13s. 4d.; 2 
p sheetes, Hi. 12s.; table cloth & napkinnes, Hi. Diapr. table 
cloth, napkinnes & 1 Damask, Hi.; a table cloth, 2s.; 18 Nap- 
kinnes, 15s. ; 6 Napkinnes, 3s. ; 12 Napkinnes, 4s. ; pr. of scotch 
cloth pillow beares, 4s.; 2 p Holland pillowbears, 16s.; 5 small 
pillowbyes, 10s.; 1 p Cours pillowbears, 4s.; 1 Halfe sheete, 
4s.; 2 Towells, 3s.; Fine Cupboard Clothe, 8s.; A fine plaine 
Cupboard Cloth, 6s. 8d.; a Long towell, 2s.; a p of pillow bears, 

21i. 4s.; Half sheete, 3s.; a tufted ; 2 pin Cushions, 2s. 

6d.; 3 oz. Black woosted, 2s.; Flanning Wastcoate, 3s.; p of 
Course sheetes, 6s.; p of pillowbyes, 3s. 4d.; p pillowbyes, 6s.; 
odd sheete, 4s. ; old odde sheete, Is. 6d. ; parcell of old Linninne, 
2s.; old Table cloth, Is.; 3 peces of Cloth, Is.; old Wastcoate, 
Is. 6d. In Bedding, featherbed, 41i.; Green Rugge, Hi. 10s.; 
Flocke bed, 18s.; 2 Feather Bolsters, Hi.; 2 pillowes & Bolster, 
Hi.; Bolster Case, 6s.; p Blanketts, 14s.; 8 Fine Blanketts, Hi. 
2s. ; pair of Blanketts, 10s. ; 1 odd Blankett, 4s. ; 6 Cushions, Hi. ; 
1 Blue Rugge, 6s. 8d.; 1 Feather Bed & 2 pillowes, 41i.; pillow 
& pillowby, 12s.; flock bed & bolster & 3 old Coverleads, Hi. 
Is.; 1 Green Coverled & 2 old Coverleads & 2 Blanketts, 16s.; 
a Red Rugge, 13s. 4d. & a Fetherbed, 31i.; Flock bed, 13s. 4d.; 
coverlets & mantles, 6s. 8d.; a Bundle of Lists, 8d.; Looking 
glasse, 3s. 4d.; 9 doz. bl. buttons, with a parcel of Cruell thred 
& silke, 8s.; a tunnell, Grater & 3 Jugges, 3s.; Iron hook, 
1 grater, 1 pile hooke, 1 Dung forke, 6s.; a Litle chaire, 2 old rings, 
1 garden Rake, 2 Fowling peces, a Muskett, 31i. 2s.; 1 pashall, 
1 Iron fireforke, 3s.; 1 chair, 1 Bedstead, 1 frame of a table, 

1 flasket, 1 Tow Combe, augur, p of sheeres & peces of Iron, 
13s. 6d.; 2 Beer barrells, 1 hand Bar, 1 poudring tub & Cover, 

2 Churnes & other old tubbs, wooden Bouls, 3 Earthen pots, 
1 Tunell, 3 cheese Fatts, 1 Wood Cup, 1 pecke & a Halfe pecke, 
Hi. 9s. ; peic of Lead, 1 Table chair together, 7s. lOd. ; kneading 
trough & Bracke, 5s.; 1 Salt Box, Is.; 1 Hedge hook, 2 reap 
hookes, 1 pitch fork, 1 spade & 1 shovell, 10s. ; 1 Woodin plough, 



1674] RECORDS AND FILES 329 

1 ax & a Ladder, 5s.; 1 doz. 1-2 of trenchers, Is.; 1 Bedstead, 
1 Cradle, 3 trayes, 10s.; 1 slidd, 3 yoakes, 1-2 handed saw, a 
chayne, cart & wheeles, Rinng, pinns & Bands, 21i. 10s.; a pitch- 
fork, 2 hhds. & a Butt, 8s.; a winnow sheete & some Flaxe, 4s.; 
A still, porringer & sacer, 13s. 6d. ; 4 sackes, 8s. ; 5 Leather bagges, 
6s. 4d.; a Litle Bagge, Is. 6d.; grindstone, 6s. 8d.; 3 howes, 

1 Wedge, Ladders & Frame, 14s. 6d.; a plough & share, 10s.; 
brasse kitles, & Iron with stake & carving knives. 17s.; box with 
severall parcells of small things, 5s.; Indian Basket, 2s.; Long 
Brush & 2 other Brushes, 2s. 6d.; deske, Is., 3 Trunkes, 18s.; 
a Haire Line, Is. ; can & pouder, 61i. ; Bullets, 51i. of shott, 6s. ; 

3 Lockes & a Key, 3s.; Boxe, 6d. ; Barrell & oli. Brimston, 2s.; 
Boxe & 4 papers of needles, 4s. 6d.; a Litle trunke, 2s.; Lampe 
& Iron Candlestick, Is.; fat, drink cup & glasse, Is.; Chest, 15s.; 
p of Dogges, 5s.; Brasse chafer, 5s.; Warming pan, 3s. 4d.; 
Leather, 3s. 4d.; Iron & a Hook, 10s.; 13 bu. Malte, 21i. 12s.; 
flaxe & Hempe, 7s.; 1200H. Navies, 6s.; a Bedstead & 2 Joyned 
stooles, 5s.; a search & a Box, Is. 6d.; Flasket, Is.; A Casement 
Iron Hookes, staples, old Iron, navies, 15s.; 4 hhd. & 3 Barrills 
& a sive, lis. 8d.; calves skin, Is.; 2 old sithes, nibbs & Rings, 
3s. 6d. ; bedstead & 1 Doz. Lace, 6s. ; orange & yellow silke, 8s. ; 
p childs gloves, 3s.; 1 Grograne Kertle & Gowne, 31i.; 1 popus 
gowne & kertle, 21L; a stamell bearing whitle, 18s.; 1 Red pro- 
pus petticoate, 111; 1 Red Cloth petticoate. Hi.; 1 Red mantle, 
8s.; 2 swathing Bands, 2s.; Coat & Hood, 12s.; 21 pewter plat- 
ters, 3 butter Dishes, 7 porringers, 12 saucers, 3 Flagons, 1 pew- 
ter cup, 1 salt cellar, 2 candlestickes, 31i. 7s.; 1 great pott & pint 
pott, 1 Vinegar, 5s.; 3 Brasse Candlestickes, 1 Chamber pott, 
6s. 6d.; Brasse scales & Beames & 1 p of sheares, 4s. lOd. ; 1 
p Brasse snuffers, Is. 2d.; 2 Iron Candlestickes, 1 chafing dish, 

2 Skimmers, 5s.; 2 sterling Irons, a wood pres & Brushe, 6s.; 

1 Boule, 2 lattin kivers, Is. 6d.; p Bellows, 2s.; 1 Case of Boxes, 
8s.; File, 1 draft shave, 2 handsawes, 1 Augr., 1 plain, 2 Hammers, 

2 Chissels, 1 gorge, 3 aules, a gimlet & 2 Rings, 13s.; Iron fender, 
1 Iron pott, p c of a Hanger & hookes, tongs & firepans, a litle 
Crook, Hi. 10s.; 1 Brass Ketle, 2 Brasse skelletts, 6s.; 2 sythes 
& a Cutting knife, 3s.; Cartrope, 5s.; a brass Copper, 21i. 10s.; 
Iron pott, 3 Brasse potts, 1 Bellmetle skellet, 1 Litle bel skillett, 

31i. 4s.; Iron dogs, spits, ; cowes, 101i.; 2 Oxen, llli.; 2 

three year steares, 91i.; 2 vear stear, 21i. ; 1 vearling stear, Hi. 
10s.; 2 Bull Calves, 21i.; 4 swine, 21i. 10s.; Dwelling house & 

4 acres of Land, 161L; Corne on the 4 Acres, 41i. 10s.; another 
House & 2 acres of Land, Hi.; the Croppe on it, 31i. 10s.; Barne 
with half an acre & ye Crop, 101i.; 6 acres at 6s., 71i. 16s.; crops, 
71i. 4s.; 18 acres, 91i.; fenc to it, 61i.; 9 acres of land, Hi. 16s.; 

6 acres of meadow, ; 8 Acres of marsh, ; 13 Acres of 

Marsh, 31i. Is. 8d.; 4 Acres of Meadow, Hi. 10s. 

Copy of bond, dated Mar. 30, 1639, given by John Lowle of 



330 SALEM QUARTERLY COURT [J line 

John Godfery v. James Sanders. Trespass. For taking 
away a cow. Verdict for defendant.* 



the city of Bristol, glover, to his father Pecephall Lowle of the 
same city, gentleman. Wit: John Oliver and Richard Dole. 
Copy made from the Ipswich court files of 1647, by Robert Lord,f 
cleric. Sworn in court. 

Richard Lowell, aged seventy-two years, testified that the 
meadow in controversy was secured by execution granted his 
father Parsivall Lowell in satisfaction of a debt due his father 
from his brother John Lowell, and they had peaceably enjoyed 
it for twenty-six years. Sworn, June 29, 1674, before Robt. 
Pike,t commissioner. 

Anthoney Mors, sr., aged about sixty years, testified that 
John Lowel possessed this meadow until the day of his death. 
Sworn, June 27, 1674, before Robt. Pike,f commissioner. 

Jacob Tappan and John Say or, aged about twenty-eight years, 
deposed that being at the house of Richard Lowle, they heard 
Benjamin Lowle demand the marsh of his uncle Richard. Said 
land was in the old town marshes of Newbury, adjoining An- 
thoney Mosses' land. Sworn, June 27, 1674, before Robt. Pike,t 
commissioner. 

Richard Dole, aged fifty years, and John Knight, deposed. 
Sworn in court. 

Elizabeth Lowle,f widow, of Newberry, certified, 18 : 10: 
1648, that she had received from the overseers of her husband's 
estate, her legacy according to order of court, for herself and 
her two children, Elizabeth and Benjamine Lowle. Wit: Per- 
civall Lowle,f Margret (her mark) Lowle and Wm. Gernsh.f 
Sworn by the witnesses, Capt. Willm. Gerrish, aged fifty-six years, 
and Margaret Lowle, aged about sixty years, on Nov. 6, 1673, 
before Daniel Denison.f 

Thomas Silver, aged about fifty years, deposed. Sworn, 
June 27, 1674, before Robt. Pike,f commissioner. 

*John Godfrey v. James Sanders; trespass, for taking away 
a cow from said Godfrey upon the highway with violence, and 
for calling him rogue; dated May 14, 1674; signed by Richard 
Currier,f for the court; and served by Robert Ayers,f constable 
of Haverill. 

Thomas Whittier, aged about fifty-four years, deposed that 
he heard John Borback say that he bought the cow in controversy 
of Henery Jackwayes of Nubry, and had her before James San- 
ders, etc. Samll. Currier testified to the same. Sworn, June 29, 
1674, before Nathl. Saltonstall,f commissioner. 

Edward Clarke, aged about forty-five years, deposed that he 
heard James Saunders acknowledge that he took the cow away 

t Autograph. 



1674] RECORDS AND FILES 331 

Joseph Armitage v. Henry Roads. Review of an action tried 
at Salem court. Verdict for plaintiff.* 
Joseph Armitage v. Hen. Roads. Review of an action for- 

from John Godfrey in the highway. Sworn, June 19, 1674, before 
Daniel Denison.f 

James Sandars' bill of cost, Hi. 10s. 

Receipt, dated Apr. 2, 1674, given by John (his mark) Godfre 
of Salem to John Burbanke of Haverhill, for 191i. 10s., which 
he had received from Joseph Peasly. Wit: Thomas Whittchar 
and Joseph Peasly. Sworn, June 29, 1674, before Nath. Sal- 
tonstall,f commissioner, and copy made by him. 

John Burbanck's agreement, dated Jan. 19, 1671, to pay to 
John Godfery for the rent of the two cows he hired of him, three- 
score pounds of butter per year, for two years from May 1, 1671, 
said Godfery to find the firkin. Wit: Anthony Somerby and 
Joseph Palmer. Copy made by Hilliard Veren,f cleric. 

Petter Bruer testified that he was desired by John Godfry to 
help him drive a cow which he had in the street near James San- 
ders' house, but the latter came at them with a club in his hand 
and drove them away. Sanders told Godfry he would knock 
his brains out if he meddled with the cow, and if they would 
give him leave to go in and put on his clothes, they might have 
the cow if they could get it away from him. Sworn, May 7, 1674, 
before Daniel Denison.f 

Joseph Pesele and Jebish Hendrickes deposed. Sworn, June 
29, 1674, before Nath. Saltonstall,| commissioner. 

Jebish Hendrickes testified that Godfry took a cow out of 
Sanders' pasture, etc. Sworn, June 29, 1674, before Nath. 
Saltonstall,t commissioner. 

Peter Bruer testified. Sworn, June 29, 1674, before Nath. 
Saltonstall,f commissioner. 

James Gorg testified that Godfry offered to bind himself to 
free Sanders from any damage, etc. Sworn, June 29, 1674, 
before Nath. Saltonstall,f commissioner. 

Joseph Peasly and Jabish Hendrick deposed that James San- 
ders the last winter took a cow of John Berbank to winter for 
him, etc. Sworn, June 29, 1674, before Nath. Saltonstall,f 
commissioner. 

*Writ, dated June 25, 1674, signed by John Fuller, f for the 
court, and served by William Croft,f constable of Lynn. 

Hen. Rhodes' bill of cost, Hi. 3s. 4d. 

Copy of Salem court record, 25 : 4 : 1672, in an action of 
Joseph Armitage, in behalf of the church, against Henry Roades 
and Mr. Thomas Cobbitt, made by Hilliard Veren,f cleric. 

t Autograph. 



332 SALEM QUARTERLY COURT [June 

merly tried at Salem, concerning burning of fence. Verdict 
for plaintiff.* 

♦Writ, dated June 25, 1674, signed by John Fuller,f for the 
court, and served by William Crofts, f constable of Lynn. 

Joseph Armitage's bills of cost, 21i. 2d. and 21i. 2s. 2d. 

Oliver Purchis, aged upward of fifty years, deposed that Mr. 
Henry Rhoades, now of Lynn, set his fence on the side next to 
the Iron works very near the line that Capt. Bridges said was 
his bound, etc. Sworn, 23 : 7 : 1672, before Wm. Hathorne,f 
assistant. 

Capt. Thomas Marshall testified. Sworn, 23 : 7 : 1672, before 
Wm. Hathorne,f assistant. 

Copy of papers in a similar action taken from Salem court of 
25 : 4 : 1672, made by Hilliard Veren,f cleric. 

Summons, dated June 25, 1674, signed by John Fuller, f for the 
court. 

Henery Rhodes' f receipt for satisfaction of an execution, dated 
July 19, 1672. Wit: Henry Skerry, sr.f and George Keysar.f 

The lands of the Right Worshipfull Capt. Robert Bridges, 
25 : 11 : 1654, as copied from the town book of Lyn, 20 : 7 : 1672, 
by Thomas Laughton,f cleric: "All yt pcell of land neere ye 
feild gate w c h belongeth to ye owners of ye Iron workes hauinge 
ye land of Thomas Wheeler one y e south est side thereof the 
lands of ye owners of ye Iron workes w c h was Bought of m r Knowles 
one the Northeast side therof & ye Towne comon upon the rockes 
one the southwest side thereof containinge by estimation fifty 
Acres, As alsoe yt southermost half part of the fresh meadow 
yt lyeth one the westerly side of the sd Rockes containinge by 
estimation fiue acres ye w c h sd meadow & upland was bought 
by the sd Robert Bridges of m r Timothy Tomlins." 

Thomas Newhall and Marthew Farington testified that Timo- 
they Tomlines had four-score acres of land given him by the town 
of Lyn, forty-five of which he sold to Capt. Robert Bridges, 
and the rest was called Mr. Knowles' land; that there was no 
improvement made by fencing or plowing, by Bridges, Knowles, 
Capt. Marshall or John Andruse, but since then, Henry Roads 
had fenced it but would not show his title, and also took in a con- 
siderable part of the town common; that the town obtained 
judgment against him and he surrendered the side common; 
that the selectmen measured the forty-five acres and found it 
from the river joining to Thomas Wheller's land, to a black oak 
marked upon the hill, which bounds said Roads had often owned 
to be two of his corner bounds, and from that black oak to a 
walnut tree, and from this tree to a stump by the field gate going 

t Autograph. 



1674] 



RECORDS AND FILES 



333 



to the Iron works, etc. Robert Potter testified to the same. 
Sworn, 23 : 7 : 1672, before Wm. Hathorne,* assistant. 




Copy of deed, dated Sept. 14, 1660, from John Andrewes of 
Lynn, gentleman, to Henry Roades of Lynn, yeoman, for 391i., 
45 acres of land in Lynn, which the town formerly granted to 
Mr. Timothy Tomlins, bounded easterly by Thomas Wheeler, 
westerly by the Iron works, northerly by the brook or creek that 
divides it and the Iron works' land, and southerly by the town 
common. Wit: Edmond Batter and George Keaser. Ac- 
knowledged, 28: 9 : 1660, in court. Recorded, 10 : 10 : 1660, 
by Hilliard Veren,* recorder. 

* Autograph. 



334 SALEM QUARTERLY COURT [June 

Jacob Allen v. John Conney. Verdict for plaintiff, to be paid 
in apparel as money.* 

Theophilus Baily v. Obadiah Emmins. Verdict for plaintiff.f 



Sammuel Johnson} deposed, 19 : 7 : 1672, that he was a witness 
to the assignment of a deed by Mr. Gifford to Joseph Armitage 
of Linn, which deed was from Mr. Knowles to Mr. John Bex & 
Co., of the Iron works, etc. Sworn, 20 : 7 : 1672, before Wm. 
Hathorne,t assistant. 

Eleazer Rhodes, aged about thirty years, and Samuell Rhodes, 
aged about twenty-eight years, deposed that their father and 
Mr. Purchas ran the line and the fence was put up in 1664 or 65. 
Sworn, 19 : 7 : 1672, before Wm. Hathorne,} assistant. 

Mr. Nathaniell Handforde, Eliezer Rhodes, Samuell Rhodes, 
Andrew Mansfeild and John Burrall deposed. Sworn, 19 : 7 : 
1672, before Wm. Hathorne,} assistant. 

♦Writ: Jacob Allen v. John Conney; non-performance of 
covenant; dated May 28, 1674; signed by Jonath. Negus,} 
for the court; and served by Returne Waite,} marshal's deputy. 
Bond of John Conney.} 

Letter of attorney, dated June 9, 1674, given by John Conney, § 
of Boston, cooper, to Leift. Richard Way of Boston, cooper. 
Wit: Bozoun Allen} and Returne Waite.} 

Indenture, dated Apr. 3, 1666, given by Jacob Alline, son of 
Hope Alline of Boston, currier, who of his own free will and with 
the consent of his father, put himself to John Conney of Boston, 
cooper, to learn the trade of a wine cooper, and to serve for seven 
years from May 1, 1666; at the end of his time he was to have 
two suits of apparel, one for work and another for Lord's days, 
also four new shirts, two new pair of shoes, one cooper's ax, an 
adze and a handsaw. Wit: Hope Alline,} John Bushnell} and 
William Pearse,} scribe. Sworn, June 17, 1674, by Hope Allin, 
before Thomas Clarke,} commissioner. 

Bill of cost, Hi. 8s. 6d. 

|Writ: Theophilus Baylly v. Obadiah Emmins; forfeiture 
of a bond; dated May 20, 1674; signed by John Fuller,} for the 
court; and served by Rich. Wayte,} marshal of Suffolk, by 
attachment of the dwelling house and land of defendant in Boston. 

Theophilus Bayly's bill of cost, Hi. 8s. 8d. 

Bond, dated 25 : 6 : 1671, given by Obadiah Emons} of Bos- 
ton, cordwainer, to Theophilus Baily of Linn, for lOli. Wit: 
Zakrius Phillips} and Samuell Emons.} Sworn by said Phillips, 
June 25, 1674, before Tho. Lake,} commissioner, and by said 
Emons, June 27, 1674, before Edward Tyng,} assistant. 

{Autograph. § Autograph and seal. 



1674] RECORDS AND FILES 335 

The selectmen of Lyn, in behalf of the town v. John Ottaway 
and Joseph Edmonds. Review of a case tried at Salem in June, 
1673. Withdrawn. 

Mr. Ed. Batter v. Ruth White, administratrix of the estate 
of Tho. White, deceased. Debt. Verdict for plaintiff.* 

Mr. Daniell Epps v. Mr. Wm. Quarles. Verdict for plain- 
tiff.f 



*Writ, dated 21 : 4 : 1674, signed by Hilliard Veren,| for the 
court, and served by Henery Skerry, t marshal of Salem. Bond 
of Ruth Whit. J 

Bond, dated Apr. 13, 1671, given by Thomas WhiteJ of Wen- 
ham to Edmund Batter of Salem, for 41i. 5s., to be paid in corn, 
pork or pine boards. Wit: William FiskeJ and John Smith. f 
Sworn in court. 

Edmund Batter's bill of cost, Hi. 3s. 7d. 

Copy of the records of Ipswich court in a similar action, Mar. 
25, 1673, made by Robert Lord, t cleric. 

Copy of the account of debts of Tho. White's estate, taken 
from the Salem court files of 27 : 4 : 1673, by Hilliard Veren,J 
cleric. 

Henry Skery, sr., aged about seventy years, deposed concern- 
ing collecting the debt due from White's estate to Batter. He 
delivered the bond in court to Walter Fairefield, etc. Sworn 
in court. 

tWrit, dated May 22, 1674, signed by Robert Lord,t for the 
court, and served by Robert Lord, J marshal of Ipswich, who 
committed Mr. William Quarles to Ipswich prison, where The- 
ophilus Wilson, prison-keeper, took a bond for him. 

Daniell Epps'sJ account with Mr. Quarles, dated Julv 1, 1674: 
Received of Mr. Quarles in Jan. and Feb. 1667 by two 501i. bills 
in England for which I allowed him 1201i. upon account of the 
3401i., and 601i. by bill to Mr. Bishop, allsoe in bookes and a 
voyalle, 51i. lis. 2d., 18511. lis. 2d., for which wee reckoned and 
I gave him a discharge before Oct. 26, 1668; in 1668 and 1669, 
when all was balanced I had received more 61i. 2s. 9d.; then 
I received Hi. 5s., by 10 yd. canvis for which I gave him receipt; 
Dec. 31, 1669, by a bill of Mris. Whipples, principall and intrest. 
4311. 4s.; a bill to Cornet Whipple in mault, 811. ; Feb. 2, 10 bush, 
of barley at 4s. 6d. per bushell, 211. 5s.; May 2, 1670, by a cow 
at 411. 3s.; total, 2501i. 10s. lid.; The 321i. which I should have 
had in England according to his engagement, besides the 10011., 
I was to allow according to six score for the hundred and give 
him credit for 3811. 8s., upon the 340H. account, but said Quarles 
wrote to England presently for the 321i. for his own use utterly 

| Autograph 



336 SALEM QUARTERLY COURT [J line 

against my will and let it come over in such goods as he sent for, 
and I humbly conceive according to law I am to have the said 
321i., according to sphece with damage and the rest allsoe in 
maner or sphece which with damage, is 61i. 8s., being added to 
the 321i. 

Letter of attorney, dated 27 : 3 : 1674, given by William 
Quarles* of Ipswitch to John Pickard of Rowley. Wit: James 
Dickinson! and Nehemiah Jewett.f Sworn, by the witnesses 
June 29, 1674, before Daniel Denison.f 

Bond, dated May 25, 1674, for William Quarles' appearance, 
signed by Nathaniel Adamesf and Ephraim Fellows, f both of 
Ipswich, husbandmen. Wit: John Leef and Samuell Adams. f 

Bond, dated Jan. 13, 1667, given by William Quarles,* of Ips- 
wich, gentleman, to Daniell Epps, of Ipswich, gentleman, as 
an obligation in a deed of the same date, for 340H., to be paid 
in money, corn, wheat, malt, Indian corn and pork. Wit: Sam- 
uell Symondsf and Daniell Epps, jr.f 

William Quarles affirmed, 27 : 3 : 1674, concerning a bargain 
with Mr. Daniell Eps, sr., for 60 acres of land he sold said Quarles 
in the latter 's non-age: "I was to my best remembrance & as 
I then reported but about twenty years of age; and Letters 
from my freinds Confirmed me that I was rather under then 
above: when he drew me to bargon w*h him which I shall relate 
as followeth: I being gon from y e worshipfull M r Symonds his 
house, where I served my time, to the eastward, where I lived 
above a year, I was sent to by M r Symonds & M r Dl. Eps sen r 
both their sons comeing to me in their name, & acquainted mee 
that there was Intelligence Come from England of Estate viz. 
Monies ready to be payed mee upon sending for: I being setled 
there was loath to Come away with them, but by their Impor- 
tuneing of me I Consented, & Came along w th them: & when 
I came to m r Symonds his house there was two or three Letters 
delivered mee, & all of them opened before I Receiued them 
(but by whome I know not) soe y* others did know or might 
have knowne what was in them: which when I had perused, 
I found it as they had Informed me Ready upon sending for, 
in monie about 200 lj . Soone after M r Eps proferd to sell me 
Land towards wenham, w th respect to pay in England in monie 
&c. which Land when I saw I told him I would nott live on it 
If he would give it mee: The next morneing seing I would not 
buy that, he solicited mee to buy another peice, w ch was y* I 
now live on: about three score acres which he valued to me at 
four hundred pounds: I was Indisposed to medle w th it, & went 
away & left him: Emediately M r Eps & his wife followed me 
to Mr. Symonds his house, & desired me to take it, using many 
persuasive arguments & sayd they would abate sixty pounds 
of 400" I told them I was not able to purchas it: they replyed, 

* Autograph and seal. t Autograph. 



1674] RECORDS AND FILES 337 

John Godfery v. Abraham Whittaker. Debt. 

Mr. John Ruck v. Ensigne John Gould, Samll. Leonard and 
Nathll. Leonard. Verdict for plaintiff, twenty hundred of bar 
iron.* 

Mr. Symonds would give such a Testimony to my uncle, as 
would Incouradge him to pay for me, & sayd he was a man of 
Ability to doe it p me : I being sencible y * I was young, & under- 
stood not what belonged to the buying of Land, I did w th stand 
his motion: But they still pressing w th such great urgency, I 
knew not what to doe or how to say them nay, but Consented 
to give them the sum of 340" as they valued it, & desired: forth 
w th there was writings made, bill & Bond given, & all within 
two or three days. This being in winter the next spring I occu- 
pied the same & soe Continued to emprove, but found it to be 
quite otherwise then M r Eps had Informed mee, for he told me 
If my uncle would not pay the remaynder, for the land, the Land 
itself would produce enough to pay the same (which was eight 
score pounds) in three years time; but I haveing Continued on 
it til I had two Cropps, & began to vnderstand how I was over- 
reached by him in the bargon, I proffred m r Eps three score 
pounds to release mee of the same: M r Eps replyed If he had 
the mony by him, he would take it againe." Sworn before 
Daniel Denison.f 

Thomas Loveell & James Chewte deposed, June 22, 1674, that 
three or four years since, Mr. Epps procured the latter and Mr. 
Quarles, the former, to measure a parcel of land, which they 
did, on the northeast side next to Mr. Epps, and found about 
seventy acres, with thatch banks. Sworn, June 22, 1674, before 
Daniel Denison.f 

Bill of costs, Hi. 17s. 9d. 

Theophilus Wilson deposed that when Mr. Quarles was in 
prison, the latter told Mr. Epps that he would give his whole 
farm as security, but Epps said that half would do. Then Quarles 
said he would not do it and went away and later took Nathaniell 
Adams and Ephraim Fellows on his bond. Sworn, June 26, 
1674, before Daniel Denison.f 

*Writ, dated 18 : 4 : 1674, signed by Hilliard Veren,f for the 
court, and served by Henery Skerry,f marshal of Salem. 

Mr. Ruck's bills of cost, Hi. 9s. and Hi. 18s. 4d. 

Bond, dated Oct. 15, 1673, from John Gouldf of Topsfleld, 
Samuel Leonardf and Nathanel Lenardf of the Iron works in 
Rowly village, to John Ruck of Salem, merchant, 30 C. in bar 
iron, to be delivered at said Ruck's house, he paying for carting, 
on account of Mr. Henery Lennard. Wit: Hilliard Veren, jr.,f 

t Autograph. 



338 SALEM QUARTERLY COURT [June 

John Ballard v. Hen. Roads. Verdict for plaintiff, to be paid 

in fish.* 

Phillip Nelson and Sara Jewett, attorney to her husband 
Jeremiah Juet, executor of the last will of Joseph Juet of Rowly 
v. Bozoone Allen of Boston, tanner, son of Capt. Bozoone Allen 
of Boston, deceased, and legatee of an estate befallen him, which 
was to be paid by Joseph Juet, his executor. Court declared 
the letter of attorney from Jere Juet to Sara, his wife, referred 
to the premises and was not understood to give larger power, 
therefore court did not see cause for the action to proceed.f 



and Benjamin Gerrish.J Sworn, 28 : 1 : 1674, before Wm. 
Hathorne,t assistant. 

*Writ: John Ballard v. Henery Roods; for not delivering 
to Capt. Curwin four quintals of fish, as appeared by his note 
to William Nick; dated June 24, 1674; signed by John Fuller, J 
for the court; and served by John Ballord,J constable of Linn, 
by attachment of land adjoining defendant's water mill. 

John Ballard's bill of cost, Hi. 6s. 6d. 

Henery Rhodes' t order to Goodman Nicke to deliver the fish 
as he engaged to do with Mr. Curen's man, Mr. Bowdites. 

William Nick, aged forty-two or three years, deposed that in 
weighing time in June, 1673, Mr. Rhodes and John Ballard, with 
Capt. Corwin's man, Mr. Buridge, came to deponent. Ballard 
was told that the fish was ready in deponent's stage, the little 
stage, but Mr. Buridge would not receive it then because it was 
evening and the weather damp, but said he would come the 
next fair day. But no one ever came for it and the fish spoiled, 
etc. Mr. Rhodes would have had said Ballard receive the fish, 
saying it' was ready, "& hee sd it was all one skipper, nix will 
deliuer it, & I haue don with you." Sworn in court. 

John Pederick, aged about forty-eight years, testified that 
the fish was in good condition. Sworn, 30 : 4 : 1674, before 
Wm. Hathorne,} assistant. 

tWrit: Jeremiah Jewet and Phillip Nelson, executors of the 
estate of Joseph Jewet of Rowley, deceased v. Mr. Edward 
Rawson of Boston, the only surviving overseer and ample agreer 
with Joseph Jewet, deceased, in articles dated Apr. 30, 1653, 
and of Bozoone Allen of Boston, attorney to said Rawson; review 
of an action tried at Boston county court in April last, concern- 
ing forfeiture of a bond of l,5001i. dated May 10, 1653; dated 
11 : 4 : 1674; signed by Shu. Walker,! for the court; and served 
by Neh. Jewett,t constable, and deputy for Simon Stace,J con- 
stable and Rich. Wayte,J marshal of Suffolk. 

X Autograph. 



1674] RECORDS AND FILES 339 

Abraham Perkins v. John Cutt, jr. Verdict for plaintiff.* 

Writ, dated 11:4: 1674, signed by Shull. Walker,f for the 
court, and served by Rich. Wayte,f marshal. Bond of Edward 
Rawsonf and Bozoun Allen.f 

Edward Rawson's bill of cost, Hi. 8s. 

Bozoone Allen's bill of cost, 31i. 4s. 

Copy of Sarah Jewett's notice to Rawson and Allen of the 
withdrawal of the suit, dated 23 : 4 : 1674, and witnessed by 
John Pickard and Neh. Jewett. 

Sarah Jewet'sf notice, dated 11 : 4 : 1674, to Mr. Edward 
Rawson and Bozoone Allen of the withdrawal of the suit. Wit: 
Shu. Walkerf and Neh. Jewett.f 

*Writ: Abraham Perkins v. John Cutt, jr., of Portsmouth; 
for, he having been shipped master of the ketch Dove, 29 tons 
burthen, for a voyage to the Barbadoes and return, not per- 
forming the same, but reports he has sold the ketch at Barbadoes 
for 2501i. in silver, without any order; dated June 11, 1674; 
signed by Robert Lord,f for the court; and served by Obadiah 
Mors,f constable of Portsmoth, who delivered him to Abraham 
Perkins to hand over to the prison-keeper at Ipswich. 

Letter of attorney, dated June 20, 1674, given by John Cuttf 
of Portesmouth, Piscataqua, merchant, to Daniel Epps of Ipswich, 
gentleman. 

Abraham Perkins' bill of cost, 31i. 12s. 9d. 

Bond, dated June 19, 1674, given by William Hubbard,f teacher 
of the Ipswich church, for the appearance of John Cutt, jr. 

Bill of sale, dated Nov. 3, 1673, without signature and wit- 
nesses, given by John Burnam, jr., of Ipswich, carpenter, to 
John Pumery of Salem, mariner, for one-half of the new ketch 
called the Dove, built at Chebacko in Ipswich, of about 30 tons 
burthen, also half of the masts, sails, sailyards, anchors, cables, 
ropes and cords, the long boat, etc. 

John Pumroy, aged about thirty-eight years, testified that the 
foregoing bill of sale was agreed upon but he desired to relinquish 
the bargain because when he came to measure the ketch, he 
found she would not carry above thirteen or fourteen ton in 
Barbados cask and he was afraid he and Abraham could not 
agree. He judged the whole catch to be worth not over 1201i. 
in money. Sworn in court. 

Edmund Marshall,f aged about twenty-six years, deposed 
that he and his brother Benjamin built the ketch Dove for Abra- 
ham Perkins and John Burnham, for 31i. 5s. per ton, and they 
stand ready to give a bill of sale of it whenever desired. Sworn, 
June 29, 1674, before Daniel Denison.f 

Jacob and Luke Perkins, aged twenty and twenty-five years, 

t Autograph. 



340 SALEM QUARTERLY COURT [June 

respectively, deposed. Sworn, June 29, 1674, before Daniel 
Denison.* 

Samuel Wilson, aged about twenty-four years, deposed that 
Abraham Perkins shipped him for the ketch Dove, and he was 
to live with him one whole year upon the same account. Fur- 
ther that deponent put himself out of the way of any other em- 
ployment, waiting at least one month or six weeks, and said 
Perkins told him that he expected the ketch home by the latter 
end of March, 1674. Sworn before Daniel Denison.* 

Charter party, dated, Portsmouth, Sept, 7, 1673, between 
Abraham Perkins, owner of the ketch Dove of Ipswich, 29 tons, 
and Richard Martynf of Portsmouth, merchant, the said owner 
have "fraight letten" to the said merchant the ketch "for a 
voyage w th her to bee made by gods grace in manner & forme 
following (That is to say) The said owner Covenanteth granteth 
& agreeth to & w th the said merchant his factors & Assignes 
by these psents: That y e said ketch shall bee compleatly fitted 
w th all her tackell & Apparrill & w* ever is convenient for her 
for such A voyage w th an able master & three sufficient Seamen 
more for her and all such puision as shall bee needfull for her: 
And shall bee readie in the Riuer of Pascataque to take in such 
loading of fish in casque: packt casque mackrill & oyle, as the 
said Mercht. Shall See meet to load her with at or before the 
last day of October next ensuing the date hereof And that the 
sd ketch shall as soone as shee is loaden by sd merch* his Factors 
or Assignes w th the first faire wind & weather make sayle from 
thence towards & vnto the Island of Berbados vnto Carlisle bay 
where shee shall bee w th all convenient speed discharged from 
her said service & Imploym*," and the said owner was to receive 
6001i. of Muscovadoe sugar for every ton carried for said mer- 
chant to be paid within ten days after she be unloaded, also he 
was to have liberty of two tons freight, and the owner and mer- 
chant bound themselves in 200H. to have the covenant fulfilled. 
John Burnum,* part owner, also agreed to the indenture. Wit: 
Thomas Harney* and John Cutt.* 

Account, dated Barbados, Feb. 14, 1673-4, of freight sent to 
Barbados in the ketch Dove of Ipswich upon account of Mr. 
William Hubbard and Mr. Abraham Parkings of Ipswich, signed 
by John Cutt* : Dr. to wages for myself in the Dove from Nov. 
21 to Feb. 16, at 41i. per month, is 101L, in sugar at 8s. 4d. p, 
2,4001i.; to wages paid Jos. Sharbron from Nov. 21 to Jan. 
29, at 35s. p month, 31i. 15s., in sugar 9061L; to wages paid Lewes 
Colle from Nov. 24 to Jan. 29 at 34s. per month, 31i. 12s., in 
sugar 8641i.; to wages paid Christopher Cose from Nov. 21 
to Jan. 29, at 35s. per month, 31i. 15s., in sugar, 9061L; to boat 
hire for lading the ketch, Is. 8d., in sugar 2161i.; to entering 
in the Secretary and Navy office, 12s. 6d., in sugar 1501i.; to 

* Autograph. t Autograph and seal. 



1674] RECORDS AND FILES 341 

gunpowder, 14 pounds, at Is. 6d. p., in sugar 2521i.; to abate- 
ment of your freight for damage of fish by defect in the ketch's 
deck, in sugar 6001i. ; to my expense and charge, in sugar 5001i. ; 
to 2 hhds. sugar, l,6701i.; to the duty of your sugar at 4 1-2 per 
cent., 751L; to hh. for sugar, 25011. ; total, 8,7891i. sugar; to 
wages for myself from Feb. 16, 1673 to Apr. 16, at 41i. per month, 
81i. Cr., by freight of 8 hhs. 34 quintals of fish in bulk being con- 
signed to Mr. John Johnson at the rate of 600li. sugar per ton, 
in sugar 2,2301i.; by freight of 8 hhs. consigned to Mr. Tho. 
Stockom at 6001i. sugar per ton, l,2001i.; by freight of sundry 
goods sent to Mr. Parret at 6001i. sugar per ton, 2,7001i.; by 
freight of 10 quintals of fish consigned to Mr. John Vaux at 
600 p ton, 3001L; by freight of 30 quintals of fish in bulk con- 
signed to Mr. John Johnson at 60011. sugar per ton, 90011.; by 
freight of 30 quintals of fish in bulk consigned to Mr. Strowed, 
at 60011. of sugar per ton, 9001i.; by freight of one bb. of oyle, 
3-4 C. of hgd. staves, 55 pipe staves, 1001L; by freight of 4 hh. 
consigned to Mr. Banster, 6001i.; total, 8,9301i. sugar. Due 
to balance, 14 Hi. 

Bond, dated July 19, 1673, of Abraham Perkins* and John 
Burnum* for the payment of the cost of building the ketch. 
Wit: Benjamin Marshall* and Edmond Marshall.* 

Benjamin Marshall deposed that being at the house of Abra- 
ham Perkins the evening before he intended to go out with the 
Dove, he heard Mr. Huberd ask said Perkins whether he would 
sell his part of the ketch. Perkins answered that he built her 
for his own use and had put himself out of his other employ- 
ment to go in her, and therefore would not sell, though he could 
have more than she was worth for he liked her so well. Sworn, 
June 29, 1674, before Daniel Denison.* 

Edmond Marshal and Benjamin Marshall, aged respectively 
twenty-six and twenty-four years, deposed. Sworn, June 24, 
1674, before Daniel Denison.* 

John Burnam, aged about twenty-seven years, deposed. Sworn, 
June 25, 1674, before Daniel Denison.* 

Francis Wainwright deposed that Perkins said he would sell 
his half for 8011., Jno. Burnum, jr., having sold his half to Hub- 
bard for 7011. Sworn, June 29, 1674, before Daniel Denison.* 

Daniel Hovey deposed that in his own house and in Abraham 
Perkins' house, he heard said Perkins say that he was not pleased 
with the sale of his ketch. Sworn, June 30, 1674, before Daniel 
Denison.* 

John Rennerrik deposed that at his house, etc. Sworn, June 30, 
1674, before Daniel Denison.* 

Artor Arbit, aged about thirty-five years, deposed. Sworn, 
June 16, 1674, before Daniel Denison.* 

Luk Perkins, aged about twenty-five years, deposed that he 

* Autograph. 



342 SALEM QUARTERLY COURT [June 

Daniell Wicum v. John Pickard. Slander. Verdict for plain- 
tiff.* 

was at Porchmouth when his brother Abraham Perkins demanded 
the ketch of John Cutt, who said that Mr. Hubard gave him 
order to sell her at Barbadus, etc. Sworn, June 29, 1674, before 
Daniel Denison.f 

John Perkins and Elizabeth, his wife, deposed that Mr. Hub- 
bard wrote Cutt a letter, etc. Sworn, June 27, 1674, before 
Daniel Denison.f 

*Writ: Daniell Wicum v. John Pickard; slander; for saying 
that he went with John Acie into Goodman Lever's house in 
the night time when the said Lever was in bed and took several 
writings out of his house and would not let him have them again; 
dated June 24, 1674; signed by Robert Lord,f for the court; and 
served by Jeremiah Elsworth,f constable of Rowley. 

Danil Waycom's bill of cost, Hi. 8s. lOd. 

John Pickard deposed that upon the day the agreement was 
made after he and Wickam were through quarreling, they dis- 
coursed pleasantly. Wickam said in the presence of John Acy 
"that they had spent the day till now waiting for you or other- 
wise we might haue done by this time but I thought your brother 
had a mind to haue you present and now y e are come we are like 
to do nothing neither I told him the said daniell I am sory I 
should hinder you let us do it yet. Afterwards they went to 
John Johnson's house and then was the writing made called the 
agrement signed by me and daniell wickam as witnesses their- 
unto And further saith that about a month after I knowing 
Jonathan moores was their at that day I asked him what those 
promises were that was before he went away whither they were 
reall things or matter of discourse he answered my uncle said 
he was willing to take cattle and he desired nothing before may 
day but they finished nothing while he that is Jonathan Moors 
stayed." Sworn, June 23, 1674, before Daniel Denison.f 

Wm. Tenny deposed that discoursing with Symon Chapman 
about Daniel Wickam suing John Pickard about a slander, Chap- 
man said it was a frivolous business and he thought they were 
about to play the knave with said Pickard. Sworn, June 30, 
1674, before Daniel Denison.f 

John Johnson deposed that he and his brother Pickard going 
to Thomas Leaver's for copies of ox-pasture orders, said Leaver 
told them that John Acy and Daniell Wickam came one night 
when he was in bed and they searched among the writings. They 
said they wanted copies and said he could give only copies of 
copies that he kept for his own use. Sworn, June 24, 1674, 
before Daniel Denison.f 

f Autograph. 



1674] RECORDS AND FILES 343 

Daniell Wicum v. John Pickard and Abram Hazelton. Ver- 
dict for defendants.* 

Simon Chapman, aged about thirty years, and Abell Platts 
aged about twenty-four years, deposed that they were at Major 
General Denison's house on May 6 or 7, etc. Sworn, June 27 
1674, before Daniel Denison.f 

Thomas Leavor testified that his wife told him that they looked 
at the writings when he was in bed, the said writings having 
been left in his keeping for the use of such as belonged to the 
east end ox-pasture. He was desired by some of the company 
to keep them and at a meeting of the ox-pasture men, to transcribe 
them. A few mornings after, Jno. Acie desired to see those 
writings which deponent had transcribed and he was given them, 
and when he had looked at them, he put them all into his pocket. 
Deponent got hold of his hand and said he should not have them, 
but that he would give him copies. Acie said copies would 
not do and if deponent would not let him have them, he would 
tear them in pieces. While they were talking in the yard, Rich- 
ard Holmes and Thomas Tenny, sr., appeared, they both be- 
longing to the ox-pasture, and they persuaded him to return 
the papers, until at length he gave back what he saw fit and car- 
ried away those that were fairly transcribed, and also one of 
the original papers. Sworn, June 29, 1674, before Daniel Deni- 
son.f 

John Acie deposed. Sworn in court. 

John Johnson and Richard Holms deposed. Sworn, June 29, 
1674, before Daniel Denison.f 

*Writ: Daniell Wicum v. John Pickard and Abraham Hassel- 
tine; for illegal seizing of a gate and a half in the east end ox- 
pasture by execution, which was taken out against Thomas 
Remington by John Pickard, said gate having been bought by 
Daniell Wicum of Remington, which was all the right the said 
Remington bought of John Tenny; dated June 24, 1674; signed 
by Robert Lord,f for the court; and served by Jeremiah Els- 
worth^ constable of Rowley, by attachment of the houses of 
defendants. 

Copy of the execution, dated Apr. 23, 1674, and served by 
Abraham Hasseltine,f deputy marshal. The appraisers, James 
Bayley and Marke Prime, valued the gate and a half at 121L, 
and on Apr. 28, 1674, the marshal gave possession to John John- 
son by turf and twig. 

Jno. Pickard's and Abram Hezeltine's bill of cost, Hi. 9s. 6d. 

Thomas Remingtonf certified that he sold his rights in the 
gate to Daniell Wickam, and promised to give him a deed as 
soon as he could find what right he had. Also that Capt. Samuell 

t Autograph. 



344 SALEM QUARTERLY COURT [June 

Broklbanke and Samuell Platts were witnesses. Sworn before 
Samuel Symonds,* Dep. Govr. 

Daniell Wicam* and John Acie* deposed that they went with 
Thomas Remington to John Jonson's when he tendered cattle 
to satisfy judgment of 101i., he and his boys driving oxen into 
the yard. "John Jonson smiling said I haue no need of y e pay 
at present I had Rather that you wood stay till may or there- 
abouts: then Replyed John Acie that may proue a trappan to 
thomas Remington for by this you will gaine tim and soe Com 
with your execution some time when Cons: Remington is not 
at home and serue it on his house and land or Something that he 
can spare as badly as the gate and quarter : John Jonson Answered 
and said if I had been forward to take out an execution I might 
a taken one out before Now: well said goodman wicam if you 
will ingage and promise before these folkes that their shall noe 
execution Com against thomas Remington upon the account 
of the Jud[g]ment aboue writen of the ten pounds with the Court 
charge Relating to the action of the gate and quarter: we will 
take the cattell away again and pay you at the day appointed: 
which is may day or their abouts: what a dow make you said 
goodman Jonson: I thought wee had doon before I haue prom- 
ised you oft anough: but said goodman wicam when goodman 
pickard Comes he will perswaide to one knauish trick or other 
for you are not your owne Counceller well said goodman Jonson 
I doe promis you before these folkes that theire shall No execu- 
tion Com against Thomas Remington about this action you 
make soe much adow about and that Thomas Remington shall 
com to noe Damage by taking the cattell againe soe that he 
pay me any time between this and the beggining of May." This 
promise was made Apr. 16, 1674. Sworn in court. 

Samuell Brocklebanke* and Samuell Platts* deposed that they 
appraised, Apr. 25, 1674, the two pair of oxen at 10H. 17s. per 
pair, and one cow at 31i. 10s. Sworn, June 29, 1674, before 
Samuel Symonds,* Dep. Govr. 

Philip Nelson and John Acie deposed that at a meeting of the 
proprietors of the ox-pasture, they heard Goodman Johnson 
say that he was willing to give them the lOli. that he was to 
have of Remington if they would sell him one gate. He also 
brought a paper under Mr. Philips's hand, in which he certified 
to the same. Sworn in court. 

Thomas Tenny, sr., and Richard Holmes of Rowley deposed 
that when John Acie was accused of taking the papers, he said 
that church members would lie and swear to anything, etc. Sworn, 
June 29, 1674, before Daniel Denison.* 

Jonathan Moores, aged twenty-eight years, and Sarath Long- 
horn, aged about fourteen years, deposed that being at their 

* Autograph. 



1674] RECORDS AND FILES 345 

Hen. Bennett v. Moses Pengry. Review. Withdrawn.* 
John Porter, sr. v. Jon. Porter, jr. Verdict for defendant. f 



uncle Jonson's house on Apr. 16, 1674, etc. Sworn, June 29, 
1674, before Daniel Denison.t 

Samuell Brocklebanke and Samuell Plats deposed that the 
affair was talked over at a church meeting, as to who had been 
wronged, etc. John Pickard said if there was any blame, to 
lay it on him. According to their understanding of the transac- 
tion of the town in the selling of gates, there was nothing intended 
but herbage for a beast, except in sales wherein privileges and 
appurtenances were expressed, but that wood and stones and all 
kind of minerals are accounted common. Leonard Herriman 
testified to the same. Sworn, June 29, 1674, before Samuel 
Symonds,J Dep. Govr. 

John Johnsont deposed concerning his brother John Pickard, 
etc. Sworn, June 29, 1674, before Daniel Denison.f 

John Acie deposed. Sworn in court. 

Abraham Heseltine,| John SawerJ and John Pickard, jr., J 
testified that upon training day at Rowley, John Acie called 
Abram Hezeltine a lying church member several times, and 
Daniel Wicam, who was present said that if all the church 
members who told lies were cast out of the church, there 
would be few left, etc. Sworn, June 29, 1674, before Daniel 
Denison. J 

♦Writ, dated June 23, 1674, signed by Robert Lord,J for the 
court, and served by Simon Stace,| deputy for Robert Lord,t 
marshal of Ipswich. 

fWrit: John Porter, sr. v. John Porter, jr.; forfeiture of a 
bond of 5001L; dated June 8, 1674; signed by Hilliard Veren,t 
for the court; and served by Henery Skerry,| marshal of Salem. 
Bond of John Porter, jr. J 

Agreement, dated Nov. 30, 1670, between John Porter, sr.,§ 
and John Porter, jr.,§ to leave their differences to arbitration: 
"Whereas there hath occasionally fallen out seuerall differences 
betweene y e said Father & his said sonne, & particularly Con- 
cerning a necke of Land Commonly Called Skeltons necke, Now 
the parties aboue named haue mutually agreed and doe by these 
p r sents agree to refer all differences that are or at any time haue 
beene betweene them, y e said father & sonne, & in pticular that 
of y e said necke of land, Called Skeltons necke — to the hearing 
and determination of M r Richard Collicutt, and m r William 
Bartholmew, both of Boston, & whatsoeuer the said Arbitratours 
shall agree on and determine in all y e differences aboue specified, 
they giueing in their Award within one weeke after y e date of 
these p r sents, wee the said John Porter senior & John Porter 

t Autograph. § Autograph and seal. 



346 salem quarterly court [June 

William Merriam and Nathaniell Ballard were sworn consta- 
bles for Lin. 

Henry Bennett v. Benjamin Morgaine and Joseph Morgaine. 
Debt. Verdict for plaintiff.* 

Thomas Bowen v. John Legg. Verdict for defendant.f 

junior, doe bind ourselues our Seuerall heyres, Executours & 
administrators under the penalty of Fiue hundred pounds," 
etc. Wit: Moses Mavericke.J 

John Torner, J Henry BartholmewJ and Richard Prince J deposed. 
John Torner made oath before Wm. Hathorne,J assistant, and 
the others were sworn in court. 

Josep Day, aged about twenty-five years, and Michaell Derick, 
aged about eighteen years, testified that the last May they saw 
John Porter, jr., cut and pull down his father's fence on Skelton's 
neck. Sworn in court. 

Award of the arbitrators, dated Dec. 2, 1670, and signed by 
Richard CollecottJ and William BartholmewrJ that the whole 
estate belonged to the father and as to the son's claim of a child's 
portion, they awarded to the said son 1501i., to be paid by John 
Porter, sr., at his now dwelling house which was to end all differ- 
ences between them. Wit: Walter PriceJ and Richard Prince, f 

Nathaniell FeltonJ and Richard (his mark) Leech, being chosen 
to appraise the estate of 1501i., testified that it was tendered in 
specie upon Dec. 2, 1671, but John Porter, jr., refused to accept 
it. Sworn, 22 : 1 : 1671-2, before Wm. Hathorne,J assistant. 

Michaell Derich, aged about seventeen years, and John Bur- 
rowes, aged about twenty-one years, deposed that several times 
the past summer they saw John Porter, jr., pull down his father's 
fence and at one time took several lengths of rail fence and carried 
it to a heap and burned it. They had also seen him cut down 
some trees on his father's land. Sworn, 25 : 1 : 1672, before 
Wm. Hathorne,J assistant. 

*Writ, dated June 23, 1674, signed by Robert Lord,J for the 
court, and served by Henery Skerry, f deputy for Robert Lord,t 
marshal of Ipswich, by attachment of the house and land of 
Benjamin Morgan's and a brass kettle of Joseph Morgan's, and 
"read the atachment at y e house to his wife & mother." 

Henry Benitt's bill of cost, Hi. 14s. 

Bond, dated Nov. 27, 1672, given by Benjamin (his mark) 
Morgin and Joseph (his mark) Morgin of Beverly to Henery 
Benitt of Ipswich, for 91i. 15s., to be paid in money, malt, wheat 
and pork. Wit: Walter Fayerfield| and Robert Lord, jr. J Sworn 
in court. 

t Writ: Thomas Bowing v. John Legg; for many years 

% Autograph. 



1674] RECORDS AND FILES 347 

unjustly and forcibly detaining for his own use a parcel of land 
containing four acres in Marvellhead, which belongs to plain- 
tiff, as by bill of Bowen appears; dated, Boston, June 24, 1674; 
signed by Jonath. Negus,* for the court; and served by Richard 
,* constable of Marblehead. 

Bill of sale, dated June 12, 1674, given by Robert (his mark) 
Elwell of Gloucester to Thomas Bowen of Marblehead, certifying 
that he had sold the said land about twenty-eight years since to 
said Bowen and gave him possession. Wit: John Emerson* 
and Peter Duncan.* Sworn in court. 

Thomas Bowing's complaint to the court: that when he saw 
Legg begin to build a dwelling house on this land, he took a friend 
with him and said "John Legg this is my Land yt now you are 
abuilding vpon; & it may be one of my Sons for ought you know." 
Legg then railed at him, called him base names, as ''pitiful beggarly 
rogue and rascal," etc. 

John Peach, jr., aged about sixty years, deposed that being a 
selectman, he went to look at the bounds of this land, and Bowen 
told him that he had sold it to John Legg. Sworn in court. 

Samuell Hudson, aged about twenty-four years, deposed that 
about six years ago, he heard a difference between John Legg, 
jr., and Thomas Bowing concerning the land that John Legg 
lives upon. Further that "Thomas Bowing tould legg thatt 
hee beult A House for one of his sons," and later deponent heard 
John Legg say that his father never bought any land of Bowing, 
but of Bowing's wife and he paid Mr. Johnson a cow for it, that 
is, the land upon which John Legg's house stands. Sworn in 
court. 

John Legg's bill of cost, 21i. 16s. 8d. 

Joseph Benett, aged fifteen years, deposed that he heard his 
master John Legg say to his dame Legg that he had been with 
Goody Bowing and asked her whether she had sold the lot and 
she said no, and she asked him what he would give for it and 
he told her a cow and one pair of shoes. Further deponent was 
driving cows by the shop of John Legg about two weeks ago, 
when said Legg called him into the shop and said that he heard 
that he was going to swear against him, but deponent said he 
would not if he could help it. Deponent said that Samuell 
Rowland would make him swear, but Legg said he would clear 
him from said Rowland. Sworn, 1:5: 1674, before Wm. 
Hathorne,* assistant. 

John demons, aged about sixty years, deposed that John 
Legg, sr., had owned this land for twenty-two years, etc. Sworn 
in court. 

Benjaman Parmitor, aged about sixty-three years, deposed 
that it was nineteen years since John Legg, sr., laid claim to this 
land for which he paid a cow to Mr. Fransis Johnson. Also when 

* Autograph. 



348 SALEM QUARTERLY COURT [June 

Mr. Hutson Leveritt, upon acknowledgment of his speaking 
rash words tending to the defamation of Jon. Peach, the latter 
was satisfied. 

Philip English v. Richard Hollingworth. Debt. Verdict for 
plaintiff, to be paid in fish.* 



Bowing told Legg that he did not sell him the land, Legg threat- 
ened to put him in jail and Bowing dared him to do it. Sworn 
in court. 

Hennory Stase, aged about sixty years, deposed that Bowing 
possessed Robartt Ellwell's land after the latter left town. Sworn 
in court. 

Henenry Codner,f aged about twenty-four years, deposed. 
Sworn, 23 : 4 : 1674, before Wm. Hathorne,f assistant. 

John Bartell, aged about forty-three years, testified that John 
Legg, sr., deceased, etc. Sworn in court. 

Abraham Whettcher, aged about seventy-six years, deposed. 
Sworn in court. 

Christopher Lattemore, aged fifty-two years, deposed that 
he being a selectman, etc. Sworn in court. 

Samuell Morgan, aged about thirty-six years, deposed that 
Legg said he had possessed this land for thirty-seven years. 
Richard Norman, aged fifty years, deposed the same. Sworn 
in court. 

William Neck and Ale. Peach, aged forty-two and fifty-seven 
years, deposed. Sworn in court. 

Ellen Stacie, aged about forty-one years, deposed that this 
land lay very near her land, etc. Sworn in court. 

*Writ, dated May 21, 1674, signed by Hilliard Veren,t for 
the court, and served by Henery Skerry,f marshal of Salem. 

Letter of attorney, dated June 16, 1674, given by Philip English^ 
of Salem, seaman, to Henry Skerry, sr., of Salem. Wit: William 
Lakef and Hilliard Veren, sr.f Allowed in court. 

Mary Hollingwood, aged about twenty years, deposed that 
Philip English sold Richard Hollingworth a hogshead of brandy, 
containing 84 gallons for 4s. p gallon, to be paid in fish when he 
came from the eastward, he being then bound for the eastward. 
Sarah Barret deposed the same. Sworn, 1:5: 1674, before 
Wm. Hathorne.f 

Matthey Nixson, aged above fifty years, deposed that when 
Hollingwood returned, he said he had not fish enough to give 
him. Sworn, 17 : 4 : 1674, before Wm. Hathorne,f assistant. 

Mary Beckett, aged about nineteen years, deposed that being 
at William Hollingworth's house, etc. Sworn, 1:5: 1674, 
before Wm. Hathorne,| assistant. 

t Autograph X Autograph and seal. 



1674] RECORDS AND FILES 349 

Mr. William Browne, sr. v. Nicholas Manning. Debt. Ver- 
dict for plaintiff.* 

* Writ, dated June 22, 1674, signed by Hilliard Veren,f for the 
court, and served by Henery Skerry,f marshal of Salem. 

Bill of cost, Hi. 13s. 6d. 

John Appletonf certified, 15 : 4 : 1674, that when they reck- 
oned with Mr. Manning, he made no objection to the steers, nor 
against the account, only about the steel, and they looked in the 
waste book and found that it was delivered to him, also much 
liquor. As for the brandy, deponent delivered much of it to 
his family. Sworn in court. 

Nicholas Maning is Debtor, 1671, 15:12, Ballance, loli.; 
17: 1 C nayls, 12d., 1 peck sault, 21i., Tobacko, 2s. 10d.; 21: 
pips, 2d., 1 C nayls, 15d., 1 pt. Brandy, 2s. 5d.; 5:1: 291i. spa 
Iron, 1 pt, Brandy, 1 pt. Brandy, 9s. 3d.; 13 : 2 : 1 C. 1 qr. 
lOli. Iron, 2 C. nayls, 12d., 45 foot Boards, Hi. 2s. 10d.; 25 : 32 foot 
Board navls, 14d., 3s. 6d.; 6 yd. Karsy, 10s., thrid, 4d., nayls, 
4 l-2d., 311 8 l-2d.; 1:3:1-2 barll. Salte, 1 pt. Brandy, 1-2 Ell 
Canvis, 2s. p. yd., 3s. lid.; 3:3:5 oz. whalbone, thrid, 3d., 

1 hatt & band, 8s. 6d., 9s. 2d.; 7:1 qt. Vinegar, 141i. 1-2 spa 
Iron, 4s. 1 l-2d.; 13 : 6 C. 2011. Topisfd Iron, 1 pt. Brandv, 71i. 
9s. 2d.; 27 : 1 peck wt. salte, 1 C. 91i. Spa Iron pins, 18d., Hi. 
12s. 9d.; 6 :4 : 41i. 3-4 steel, 3 yd. 1-2 Karsy, 10s. p., silk, lid., 
21i. 8d.; 20 : 4 : thrid, 4d., 1 qt. Vinigar, 1 pt. Brandy, 2s. 4d.; 
2:5:1 qt. Brandy, 25 l-21i. flax at 14d., Hi. lis. 9d.; 12: Earth 
Ware, 15d., 2 yd. Coll. Cloth, 4s. p., 9s. 3d.; thrid, 2d., 5-8 yd. 
Cotton Cloth at 4s., 2s. 8d.; 14 : thrid, 8d., 1 pt, Brandy, Earth 
ware, 14d., 2s. 10d.; 20 : 1 pt, Brandy, 1 pt, Brandy, 1 qt." Brandy, 
4s.; 1:6:2 Sythes, 9s., 1 Rubb stone, 4d., 9s. 4d.; 5 : 1 pt. Bran- 
dy, 1-2 C nayls, at 2s. 6d., manchester, Id., 2s. 4d.; 2 qt. Hi. 
Spa Iron, 1 pt. brandy, 1 Rubbstone, 4d., 15s. 7d.; 14 : pd. Danll. 
Boarman, 12s., 1 pt, brandy, 13s.; 24 : 1 pt. brandy, 2 qt. Vini- 
gar, 1 qt. Brandy, 3s.; 5:7:1 pt. Brandy, 3 C nayls, 4d. p., 

2 yd. Wodmill, at 5s. p., 12s.; 11 : 1 qt. Brandy, 1 Sickell, 22d., 
3s. lOd. ; 20 : 1 pt. Brandy, 1 pt. Brandy, 2s. ; 2 bus. Indian, 
61i. suggr., 2 pr. stockins, 14s. 8d.; 27 : 7 : 1-2 bus. salt, 3 Hi. 
spa. Iron, 91i., 5 oz. steell, 17s.; 1 : 8 : 1 pt. Brandy, 17 oz. Steale, 

3 yds Karsy, 7s. 6d., Hi. 4s. 7d.; 28 :2 doz. buttens, thred, 31i. 
soape, 3s. Id., 31 : 2 yds. Canvis, 2s. p. pd. W T m. Nichols, 2s. 
6d., 6s. 6d.; 5:9:1 yd. Canvis, 22d., 1 yd. 1-2 Karsy, 6s. 6d. 
p., lis. 7d.; 14 : 16 1-211. spa Iron pd. Jno. Martinn, 9s. 7d.; 
15 : 1 pt. rum, 1 barll. salte, 22 1-2 hoggs. Sewitt, 12s. 3d.; 23: 
9 :649 foot Boards, erthen ware, 8d., 211. 2s. 10d.; 9 : 10 : 42 
spa. Iron, 1 1-2 yd. Cotton, 3s. p., thrid, 2d., 15s. 2d.; 25 : 3-8 
yd. Karsy, 9s., 2 1-2 yd. red Cotton, 4s. 2d., per, 13s. 9 l-2d.; 

t Autograph. 



350 SALEM QUARTERLY COURT [June 

Sara Juet, attorney to her husband Jeremiah Juett, and Phillip 
Nelson, executors v. Mr. Edw. Rawson. Withdrawn.* 

Richard Meeke acknowledged judgment to Mr. Christopher 
Lattamore. 

Court ordered that what goods one Elizabeth Clenge had 
left in the custody of Richard Sibly, be secured until the next 
Salem court. 

Mr. Ed. Rawson and Mr. Bozoone Allen were allowed costs 
in an action brought by Sara Juett, who did not prosecute. 

Hanna Hutchesson, for breaking into the house of Wm. Blunt 
on a Lord's day and stealing several things, was sentenced to 
be branded and severely whipped. f 

29 : 11 : 1 qt. rum, 18d.; 1 qt. Vinigar, 3 pt. rum, 4s. 4d.; 1 
pt. rum, 1 yd. 3-4 Canvis, 1 Spr. Locke, 6s. 9d.; 22 : 12 : 2 Iron 
Latches pd. Steph. Johnson, lli. 4s. ; 29 : 1 : 1 qt. Brandy, 1-2 
bar salte, 1 qt. Vinniger, 7d., 4s. 7d. ; 22 : 3 : 1 pt. brandy, 2 
qt. brandy, 5s.; pd. Hen. Kimble for 2 steers, 71i.; 17 : 5 : 1 qt. 
brandy, 1 qt. brandy, 1 qt. Vinigar, 7d., 4s. 7d.; 20 : 6 : 1 pt. 
brandy, 1 pt. brandy, 1 pt. rum, 2s. 9d. ; 2 : 7 : 2 pt. brandy, 
3s. ; 9:7:4 Chaldron Coales, 1 peck salte, 71i. Is. ; 13:8:2 
pt. Brandy, 1 qt. Vinigar, 2s. 7d. ; 19 : 9 : 1 pt. Brandy, 1 qt. 
rum, 1 qt. Brandy, 4s. 6d.; 17 : 1 bar salte pd. Jno. Hathorne, 
Linn, 19s.; total, 641i. lis. 9 l-2d. Reed, in worke per my- 
selfe & other men to ye 16th June 1674, 301L 3s. 9d. 

*Writ, dated 23 : 4 : 1674, for prosecuting for the forfeiture 
of a bond of l,5001i., and casting the case against them by defend- 
ant's testimony, signed by Robert Lord,| for the court, and 
served by Rich. Wayte,J marshal of Suffolk. Bond of Edward 
Rawson. | 

Summons, to Mr. Edward Rawson of Boston, dated 23 : 4 : 
1674, and signed by Robert Lord, t for the court. 

fWilliam Bluntt's bill of cost against Hannah Hutchenson, 
wife of Samuell Hutchenson: for my owne Attendance with my 
Horse, 8s.; constable, 15s.; 6 pounds of Suger at 6d. p pound 
which Hanah Hutchenson stoalle, 9s.; mony stolen, 6s.; sume 
Chilldbeead lining worth about 5s., and about 1-2 pinte of Rum, 
15s. 9d.; total, 21i. 13s. 9d. 

Simon BradstreetJ certified, 29 : 4 : 1674, that Willm. Blunt 
bound himself to prosecute Hanah Hutchinson at the next Salem 
court, for burglary and theft. 

Examination of Hanah Hutchinson, taken 29 : 4 : 1674, by 
Simon Bradstreet,| assistant: she acknowledged that yesterday 
being the Lord's day, she went into the house of Wm. Blunt of 

t Autograph. 



1674] RECORDS AND FILES 351 

Whereas there was some land to be divided by the will of Tho. 
Flint, deceased, to his sons Tho. and Joseph, and it being not 
yet divided, court appointed Lt. Tho. Putnam and John Pickering, 
together with one whom said Thomas was to choose, to see it 
done. 

Complaint being made against Nathll., Samll., and Tho. Leon- 
ard by Hanna Downing for several misdemeanors and lascivious 
carriages proved against them, but several of the charges having 
been proved several years since, court sentenced them to be 
whipped or pay a fine. They were also bound to good behavior.* 

Andover, at the window which she said was open, and stole 
sugar, linen and some rum which she drank. 

Warrant, dated 29 : 4 : 1674, for the committment of said 
Hannah to Salem prison, signed by Simon Bradstreet.f Samuel 
Martin,f constable of Andover, appointed Samuell Frie his 
deputy. No return made. 

Search warrant, dated 28 : 4 : 1674, signed by Simon Brad- 
street,! and returned by Samuel Martin,f constable of Andover, 
who found at the house of Samuell Hutchinson one double clout 
and a child's bed which Blunt owned. 

*Warrant, dated June 16, 1674, signed by Samuel Symonds,f 
pep. Govr. Robert Lord,f marshal, appointed Symon Stace, 
his deputy to serve it. 

Bill of cost of Robert Lord, Hi. 5s. 

Hannah (her mark) Downing's complaint: that the Lenords 
had on many occasions annoyed her when she was in bed, kicked 
her and struck her several times until she thought they would 
kill her. She told their father and mother and they would not 
believe it, and complainant was " afraid that thay would kille 
mee if the athoriaty dos not take some corse with them." Said 
Hanna gave bond to Samuel Symonds,f Dep. Govr., to prose- 
cute. 

Samuel and Thomas Leonard were also bound, with Thomas 
Baker as surety. 

Bill of cost, 51i. 4s. 2d. 

Jno. Hounkin deposed that he living at the house of Henery 
Linnard the last winter, never saw any miscarriage by Samuell 
nor Thomas Linnard toward Hannah Downinge, but that she 
went abroad at unseasonable times in the night and did not 
come home until it was almost day. Also at sundry times she 
used to sit up almost all night with fellows who came to the 
house. He told of her unbecoming conduct with Benjamin 
Bigsbee and of her lying upon the boy's beds so that they had 

t Autograph. 



352 salem quarterly court [June 

to get her up to go to bed. Further that her dame took great 
care to prevent sin and that she often arose in the night to chide 
said Hannah for her carriages. Samuell Linnard also chided 
her and told her that he marvelled that any man would want 
her. Once when reprimanded, she went away and said she 
had been with Joseph Biggsbee all day. Jno. Tarball and James 
Caddy testified to the same. 

Samuell Lenard's answer to the complaint: that it was made 
out of malice and not conscience and "I thank god Shee neuer 
had any Cause from me as Shee herself e well knowes;" that 
she had been a person of very scandalous carriage; that he had 
told her often of the evil of her night-walking; that his carriage 
to her was always very austere; that to save herself she made 
this false complaint, etc. 

Sarah Bates deposed that she saw the Leonards abuse said 
Hannah and pull off her head-cloth, etc. Sworn, June 23, 1674, 
before Samuel Symonds,* Dep. Govr. 

Elizabeth Looke deposed that Thomas Lenard came to the 
bedside where she and Hannah lodged, and the latter cried out 
to her master, who told her that she belied his son, "it is David 
Inden or sombody ellse." Sworn, June 23, 1674, before Samuel 
Symonds,* Dep. Govr. 

John Gould deposed that he saw Samuel and Nathaniel Lenord 
come naked upon the dam, and when Goodwife Blake came 
over the dam, said Samuel spoke and acted indecently, etc. 
Sworn in court. 

Macam Douneing deposed that he came to Leonard's to see 
his daughter when her master and dame were not at home. At 
night Samuel lodged in the bed which his father occupied, and 
deponent sat up to smoke. He later heard Samuel in the girl's 
room and went and told him "I did not like such doing: and 
so I lodged in yt bed my salfe and Samuell lodged in ye Chamber." 
Sworn, June 23, 1674, before Samuel Symonds,* Dep. Govr. 

Mary Leonard, aged about forty-nine years, deposed that 
this spring "a little before Election I went downe to Lynn & 
had with mee my son Thomas & Hannah Downing & was late 
& benighted & would || haue || turned Inn by y e way vnto the 
house of one Welman: & this Hannah would not be perswaded 
to stay, but would goe on thorow the woods in y e night whateuer 
I could say of the trouble of y e way & tearing clothes but would 
goe with my Sonn Thomas which if hee had offred her such abuse 
as she speaks off was a very bold attempt: but shee would not 
bee perswaded so I was forced to goe on a most uncomfortable 
Journey vntill midnight, but as for my son Thomas, he desired 
not to goe but was willing I should turn Inn to a house & stay 
& hee would stay with mee." 

Samuel Symons deposed that "I being at Mr. Lenord's hous 

* Autograph. 



1674] RECORDS AND FILES 353 

with Ed. Bridges when Doctter Tayler was there wee see Docter 
Tayler and m r Lenord and m r s: Lenord and a litel gerele goe all 
togather up towards y e Long plaine and about halfe a nouer 
after y e sd Deponit went vp that way towerds y e vilige and hee 
did mete m r Lenord and his garle at y 6 hether end of y plaine 
a Coming home all alone them tow: I seeing them goe all to 
gather and mete none but them tow Coming home: I did wonder 
and y e plaine being easely seen all ouer I did Looke to see and 
if I could see Doctter Tayler and m rs Lenord but I Could not 
see them. Sworn in court. 

Elizabeth Symons deposed concerning what Elizabeth Looke 
said about her own condition, when she lived with John Curtis 
and Mr. Lenord. Deponent also testified that Samuell Lenord 
came to her house and asked her for some beer and she went 
into the cellar to draw some beer for him. He followed her 
and tried to kiss her, and she said "there is maides a noufe for 
y u to kiss and not to Come to kise maried woeman," and then 
he struck her a blow on the small of her back, "and when I came 
up I sayd surely Samuell Leonard is fuddled." Sworn in court. 

Grace Andras, aged about sixty years, deposed that Elesibeth 
Boungkir being at her house in bed with deponent's daughter 
Sary, Thomas Linnard came there and annoyed them all night, 
so that they could not sleep. Sworn in court. 

John Tarbell and James Cady deposed that they witnessed 
improper carriages between Hanah Downen and John Everat 
at Ensign John Goold's house, etc. 

Sarah Bixby* deposed that Henery Leonard and his wife, 
being at her house, said that Hannah Downing was a good maid 
and would make a poor man a good wife, for she could spin woolen, 
cotten and linen and could sew very well. Further that said 
Hannah's friends were ignorant people, but they hoped she had 
more knowledge, having been brought up in their family. 

Goody Bates, wife of Robert, deposed concerning what hap- 
pened when Elisabeth Look was at the latter's brother Cortises, 
etc. Sworn in court. 

John How, aged about thirty years, deposed that Goody 
Lenard said that Mr. Tailer came to her house and she went with 
him into the woods to look for Solomon seal. Also that said 
Tailer lodged one night at their house and laid in the bed in 
the parlor, and she laid in the trundle bed and her husband in 
the chamber, etc. Sworn in court. 

Hanah Pabody, aged about thirty years, deposed that Sam- 
muel Lennard and two others of the family came to her house 
as they went by to dig mine and spent much of the day there. 
Samuell took her child out of her arms by force and laid it in 
the cradle, etc. Then she said to her little boys, "ware is your 
father?" and said Samuell let her alone. Sworn in court. 

* Autograph. 



354 salem quarterly court [June 

Faith Blacke, aged twenty-nine years, deposed that Thomas 
Lenord came to her house, into the room where she was, shut 
the door, drew out the latch string, and behaved very uncivilly 
until her children came to the door and interfered. Sworn in 
court. 

Robert Bates and Sarah, his wife, who had lived in the house 
at the iron works with Mr. Leonard the past winter and until 
very lately, etc. Sworn in court. 

Robert Androus, aged about twenty-five years, deposed that 
he was at the iron works with others at Rowley Village and 
they went into the water in the pond. Then Mr. Tailer and 
Mistriss Lenord came down to the side of the pond and sat 
down. The Lenords came out of the water naked and ran 
races, etc. 

Faith Black deposed that Nathaniel Leonard said he went to 
Benj. Murries and the old devil was at home, and when deponent 
spoke to him for talking so vilely, he said he would not care if he 
were in hell a fortnight, and he did not care if the devil plucked 
the soul out of him, and a pox take him, he did not care. Sworn 
in court. 

Mary Leonard, aged about forty-nine years, deposed that they 
were very lying girls, etc. 

Edmond Bridges, aged about thirty-nine years, deposed that 
about three years since, Mr. Taylor, apothecary, and Henry 
Lennord and wife Mary went into the woods to gather Solomon 
seal, etc. Sworn in court. 

Joseph Bexby, aged fifty-four years, deposed that he was in 
Lenord's house in the early morning when Mrs. Lenord was 
dressing and there were several men in the room. Also that 
he had seen her sitting by the flume or pond-side when her sons 
and other men were swimming and washing themselves and 
some of the men who were more modest than the rest were forced 
to creep up into the bushes and others put on their shirts in the 
water, letting them fall down by degrees as they came out. The 
Lennord's had "used very bad words, as Diuell & Damn yee 
& many words which I haue been ashamed to heare; which 
wicked Expressions haue been very Freequent w th them." Sworn 
in court. 

Mary Leonard deposed that Edward Bridges came to the 
works after Hannah Downing had complained and advised them 
to go away, draw out the iron and dispose of it, for he said "they 
would neuer leaue vs till they had vtterly Routed vs." Some 
of the family said they would not stir for they had done nothing 
for which they should hide, but deponent said she was sorry that 
her husband was gone. Bridges further said that he never 
fancied Hannah Downing, and she was a bold, baudy-spoken 
thing. 

Zacheas Courties testified. 



1674] RECORDS AND FILES 355 

Mary Leonard, the mother, for several uncivil carriages, was 
admonished. Bill of cost brought in by Ensign Gooid, Ed. 
Bridges and Marshal Lord was allowed.* 

Ruben Guppy was convicted for publishing a reproachful 
scandalous report of Mr. Higginson, and although he pretends 
to have received it of another, yet he not only published it but 
credited the scandal, to the defamation of the reverend pastor. 
He was to make acknowledgment in the open congregation on 
the next lecture day in the audience of the assembly, that he 
had done sinfully and wickedly in publishing the scandal and 
that he openly craved pardon of Mr. Higgenson, and that upon 
neglect to do this, he should be whipped with fifteen stripes on 
the next lecture day after, also that he give bond for good be- 
havior.f 

Thomas and Henry Leonard testified that they found Benja- 
men Bigesby and Hanah Downen in the forge, etc. Sworn in 
court. 

*Daniell Bexbey deposed that he had several times heard 
Goody Lenard use bad language and sing indecent songs, etc. 
Sworn, July 2, 1674, before Daniel Denison.J 

fWrit, dated May 25, 1674, signed by Hilliard Veren,t for 
the court, and served by Henery Skerry,J marshal of Salem. 

Elizabeth Deane, aged about thirty-one years, deposed that 
she heard William Godso say that while he was a servant at 
Capt. Corwin's, he heard Mr. Higgison make a great complaint 
to the mistress that he had no wheat to eat, whereupon his mis- 
tress sent him to Mr. Higgison's house with two bushels of wheat. 
Being sent up into the chamber with it at Mr. Higgison's, he 
found the room so full with things that had wheat and other 
grain in them that he could not find a place to put it, but was 
forced to shoot it out upon the floor. Sworn, 30 : 4 : 1674, 
before Wm. Hathorne,J assistant. 

William Noyce, aged about twenty years, deposed, Nov. 26, 
1673, that last September, Ruben Guppy, sr., being at deponent's 
master Lake's house, told them that he would tell them a story 
that would make them laugh. That there was a man in a black 
coat came to Capt. Corwin's house and complained that he had 
no corn or meal and could not tell where to get any. Thereupon 
old Mrs. Corwin sent to Mr. Higgenson's two bushels of wheat 
by William Godsoe, etc. "I this deponent said, that william 
Godsoe was a quaker & therefore not to be beleeved, then he the 
said Guppy said he would beleeue him rather, or as soone as 
m r Higgenson, besides he did further report seuerall reproachfull 

X Autograph. 



356 SALEM QUARTERLY COURT [June 

Obadiah Wood, accused by Mary Tarbell for uncleanness, 
and there being several witnesses who could not be obtained at 
present, was bound over to the next Ipswich court. Samll. 
Hunt was surety for said Mary, and Henry Benett and John 
Sparke, for said Obadiah. 

Theophilus Baily had his former license renewed for selling 
strongwater by retail as formerly.* 

Whereas there is a complaint made to this court that Nathll. 
Hadlock "doe Hue an Idle & profuse kind of life wandring up 
& downe, wasting & spending his estate, whereby his wife does 
much suffer & like to come to misery," court declared that all 
persons for time to come shall neither buy nor sell nor bargain 
with him anything that was of his wife's estate until court gives 
further order, upon his reformation in the course of his life. Re- 
member, his wife, or any of her friends were encouraged to use 
their best endeavor to secure the estate and he was not to molest 
her therein. 

Edw. Richards was licensed to draw strong beer, cider and 
sell cakes according to the request of the selectmen of Lyn.f 

things of m r Higgenson which he did afirme to be true." Sworn, 
June 26, 1674, before Edward Tyng,J assistant. 

William Lake! and William NoyesJ deposed, Nov. 26, 1673, 
that Ruben Guppy said that there was a man in a black coat 
"came to Capt. Corwin's hous when he was last att marshfeild," 
etc. He repeated the same story and said Lake told Guppy 
that it could not be, for Mrs. Corwin was then abroad with the 
Captain, etc. Sworn in court. 

John Marston, jr.,! aged thirty-three years, deposed that 
Reubin Guppy came to mill and of his own voluntary will said 
that Mr. Higginson went to the old gentlewoman, Mrs. Corwine, 
and complained that he had not bread to eat. Owned in court 
by Ruben Guppy. 

William Marston, aged about fifty-two years, deposed. "Tes- 
tified in y e presence of God," 2:5: 1674, by Wm. Hathorne,! 

♦Petition, dated Lynn, 15 : 4 : 1674, for Theophylus Bayly 
to be granted a retailer's license, signed by the selectmen of 
Lynn, Rich. Walker,! Thomas Marshall,! John Fuller,! William 
Bassett,! John Burrill,! Thomas Laughton, sr.,J and Thomas 

Newhall.J 

fPetition, dated Lynn, 23 : 4 : 1674, from the selectmen of 
Lynn, Thomas Laughton,! Rich. Walker,! Thomas Marshall,! 

t Autograph. 



1674] RECORDS AND FILES 357 

Goodman Boreman of Topsfeild was released from common 
training. 

Richard Norman, Christopher Lattamore, Goodman Edmonds, 
Mr. Gedney and Mr. Gardner had their former licenses renewed. 

Mr. Steephen Haskett, Mr. John Higgenson, Mrs. Moses 
Maverick, Mr. John Gedney, Mr. Wm. Browne, jr., and Mr. 
John Corwin had their licenses renewed for retailing strong waters. 

Whereas one John Smith, now deceased, was formerly fined 
40s., upon petition of his wife, who was left a poor widow and 
in want, court remitted the fine.* 

The wife of Robert Steephens, of Marblehead, for committing 
fornication before marriage, was sentenced to be whipped or 
pay a fine.f 

Mr. John Hathorne of Lynn had his former license renewed. 

Jon. Sanders was allowed costs against Hanna Browne, attor- 
ney for her husband, John Browne, who did not prosecute. 

Court being informed that Christian Marshman about five 
weeks since went away from her master, William Seargent's 
house, into the woods and there was delivered of a child, said 
Marshman confessed that she went into the woods and three 
days thereafter was delivered of a dead child, which she left 
in the woods. Her master expressing doubt as to her alleged 
condition, court committed her to prison, and ordered that 
she be examined by several sober and grave women, who returned 
that she had not been in such condition. She was ordered to 
go home with her master to await further order of the court. { 



John Fuller,§ William Bassett,§ John Burrill§ and Thomas New- 
hall,! for a license to be granted Ann Richards. " Edward 
Richards haue his liscence granted according to the above writen." 

*Petition of the widow Smith. 

fRichard Rieth, aged about thirty-seven years, deposed that 
the wife of Robertt Stevens of Marblehead, fisherman, had a 
child about five months after marriage. Sworn, 25 : 9 : 1673, 
before Wm. Hathorne,§ assistant. 

JThe several things that Christian Marshman had stolen: 
one silke hode, 7s.; 2 white holand hods, 4s.; 2 quoifes, 3s.; 
2 hedbands, Is.; one tifiny skarfe, 2s. 6d.; one pare of thriden 
gloues, 3s.; one holand whicsk, 3s.; 2 handkerchars, 4s.; one 
pilabar of holand, 5s.; one apell box, Is.; one pare of holand 
sleaves, 2s. ; 4 dresings, 10s. ; 2 Caps, Is. 6d. ; one pare of stock- 

§ Autograph. 



358 SALEM QUARTERLY COURT [June 

Nathaniell Leonard, for abusing the marshal in the execu- 
tion of his office and striking him, was fined and bound to 
good behavior. Nathaniell Leonard and Ensign John Goold 
bound.* 

John Deverix, Cristover Lattimor, Thomas Pittman, Nathanill 
Waltown and Richard Rith, all of Marblehead, were made free- 

men.f 

Timothy Somes and his wife, for fornication before marriage, 
were sentenced to be whipped or pay a fine.t 



ings, 2s. 6d.; one yard 1-2 of blacke riben, 4d.; 2 silver bod- 
kins, 5s. 6d.; total, 21i. 15s. 4d. These things were ordered 

29 : 2 : 1674, into Wm. Sargant's hands, and said Marshman was 
to be released from prison, there being 7s. 6d. due to the keeper, 
by order of Wm. Hathorne,§ assistant. 

Elizabeth Bartholmew,§ Ann (her mark) Cromwell, Margery 
(her mark) Williams, Bridget Rix§ and Sarah Browne§ testified, 

30 : 4 : 1674, that they searched her, etc. 

*Sarah Bates deposed that when the Marshal Lord was at the 
works to take execution and to serve a warrant upon Samuel, 
Nathaniell, Thomas and John Lenord under hand of the Right 
Worshipful Mr. Symons, Dep. Gov., John Lenord was in the 
house hidden all the time. Jeremiah Hood affirmed that said 
John was in the house when the marshal got upon his horse at 
the house to come away and he saw said John come out of the 
chamber. Sworn, June 23, 1674, before Samuel Symonds,§ 
Dep. Govr. 

Bill of cost, 13s. 

Warrant, dated Apr. 28, 1674, signed by Samuel Symonds,§ 
Dep. Gov. 

fAt a session of the General Court, at Boston, May 27, 1674, 
in answer to the petition of the selectmen of Marblehead, "it 
is ordered that such persons as from time to time shall be Ap- 
prooved by the Selectmen of marblehead & County Court of 
Salem shall be by the said Court Impowred to act in all Toune 
affaires as if freemen vntill this Court take further order." Copy 
made by Edward Rawson,§ secretary. 

Moses Mavericke,§ Samll. Ward§ and Ambros Gall,§ selectmen 
of Marblehead, July 2, 1674, petitioned to the Salem court that 
according to order of the last General Court, they approved of 
Mr. John Devereux, Mr. Lattimore, Ensigne Norman, Sergt. 
Morgan, Thomas Pitman, Richard Rith, Nathaniell Walton, 
John Peach, sr., John Peach, jr., Erasmus James and John Legg. 

JWilliam (his mark) Vinson, aged about sixty-five years, 
deposed at Glocester, Nov. 22, 1673, and Clement Colddam,§ 

§ Autograph. 



1674] RECORDS AND FILES 359 

Whereas there is an estate of Edmond Patch and Eunice, 
his daughter, sequestered by the Ipswich court, in the hands of 
Thomas Fiske and Thomas Patch, John Poland presented a bill 
of charges about said Edmond and Eunice, amounting to 41i. 
14s. 7d.; of which 21i. 18s. 7d. remains to be paid in goods, in 
lieu of money.* 

John Stanwood was released of his bond. 

Isaack Williams, presented for sealing leather unsufficiently 
tanned, was fined. f 

aged about fifty years, deposed that they had a child born about 
eighteen weeks after marriage, etc. 

*Richd. HubberdJ and Richd. WalkerJ certified, July 2, 1674, 
that they had received a parcel of land belonging to Edmund 
Patch in which Jno. Powland claims an interest, for satisfaction 
for what he had disbursed for the relief of said Patch and his 
daughter. The land could not be measured on account of thick 
shrubs, bushes and water, except in the extremity of winter, 
but taking notice of two of the outside lines upon the upland, 
they thought there were about eight acres, which seemed of 
little worth. Samll. Dodge, the adjoining owner, to whom it 
would be more advantageous than any other, preferred 51i. per 
acre, in whatever was necessary for maintenance of said Patch 
or his family and at reasonable rates, as corn delivered in meal 
without allowance for carriage, wood at 3s. a cord, linen or woolen 
cloth or provisions. Also, deponents, having laid out a highway 
for Jno. Powland through said Patch's land, he seems well sat- 
isfied and is willing to allow at the rate of 51i. per acre, all of 
which can be sold without any damage to the rest of the land. 

Copy of Ipswich court record, of May 5, 1674, concerning 
this action, made by Robert Lord,! cleric. 

Reckoned with Eunes Patch: One day going to mill for meal, 
3s.; one day cutting wood, 2s.; half a day cutting wood with 
four oxen, 3s.; one day going to Salem for sugar, 2s.; grinding 
mault and cutting wood, 2s.; 6 pound of shuger, half a crown; 
fetching Mistriss neuman, 2s.; going to Ipsedg for shuger, 2s.; 
6 pound of shuger, half a crown; again going to Ipsedg for meat, 
2s. ; thirty pound of beef for soop, 5d. ; cutting and carting wood, 
37s. 4d., etc. total, 221i. Is. Signed by Thomas (his mark) 
Hobs and John Polend.J Due John Powland, 41i. 6s. Id. 

Thomas Fiske'sJ bill of cost, 12s. 

fJohn Home, J William Bucklyt and John (his mark) Best 
certified, at Salem, Nov. 27, 1673, that the leather was insuffi- 
ciently tanned. Sworn in court. 

t Autograph. 



360 SALEM QUARTERLY COURT [June 

Mr. George Emory forfeited his bond for appearance in his 
presentment for excessive drinking and was ordered to pay wit- 
nesses, John Home, sr., John Guppy and Peeter Harvey.* 

Benjamin Keaser, having a lameness in his ankle, so that he 
can not go or stand without much pain, was released from com- 
mon training. 

Ruben Guppy and John Guppy were bound for the former's 
appearance, and said Ruben was bound to good behavior, es- 
pecially toward Mr. John Higenson, sr. 

Whereas there was some movement made to this court with 
respect to not allowing two ordinaries at Gloster, court referred 
it to the next Ipswich court, and until that time Mr. Duncan 
and Judkin were to continue their keeping of an ordinary.! 



♦Writ, dated May 25, 1674, signed by Hilliard Veren,J for the 
court, and served by Henery Skerry, J marshal of Salem. 

Deacon Horn, aged seventy-two years, deposed that "hee 
see Dockter Emery fall to y e ground twice and sayeth That hee 
did veryly beleue him to be in drink." 

John Guppy, aged twenty-five years, deposed that he saw 
Doctor Emory fall down in the street and he was brought into 
his shop "almost ded to his thoughts." 

t"A Certificate vnto the Honored Court at Salem by vs whose 
names are under written this 27 of June 1674, 

"First, that the late pretended Towne meeting at Gloster was 
illegal in that it was without the knowledge consent or aprobation 
of the Major part of the selectmen, as the Major part of the 
Selectmen did with one consent declare at M r Emersons House 
that the aforesayd Towne meeting was 

"2 ly The Major part of Selectmen at that same time did 
declare against the Towne meeting and at the sayd House that 
it was Illegall. . 

"3 ly That whereas it was pretended that it was called by the 
Constable to chuse a new Constable And petty Juryeman, and 
in probabillitie it was only to attaine an other designe, for the 
Constable and Juryman was chosen aboue a quarter of a yeare 
before at the Generall Towne meetinge according to there cus- 
tome, And the sayd Chosen did at that meeting accept of the 
choyse Neither would this pretended meeting heare of any new 
choyse, or take any other into soe much as Consideration, be- 
cause that they had Chosen before, and he whoe was chosen 
had accepted of the choyse 

"4 ly besides the abousayd Reasons, this allsoe may be added, 
that the pretended Towne Meeting was acted And what was 

X Autograph. 



1674] RECORDS AND FILES 361 

voted was voted in a great measure if not the greatest, but such 
youngsters of the Trayne band as had nothing to doe to Vote 
in any Towne affayres according to law, for it was after the trayn- 
ing, And at a Legall Towne meeting they would haue bin ob- 
jected against and the law made use on against them, but now 
to carry on there prejudiciall rash and inconsiderat designes 
any was permited to vote to make shew of a great number. 

"5 ly some of vs can testify and doe declare that to make some 
number of there pretended Meeting many that were not free to 
act with them and to come amongst them were vrged extreamly 
and constrayned to goe in amonsgt them. 

"As allsoe the great inconvenience of haueing a Tauerne soe 
neare the House of God and seuerall doe say that some doe very 
much indispose themselues for the worship and seruis of God, 
besides what disorders on Trayning dayes, vpon that acoumpt 
might be farther spoken vnto, but wee humbly conceiue that 
the nessecarie occasions of the Towne and Saboth dayes might 
be prouided for by pennie beare and cakes and that or such 
prouision as is equivolent which no doubt but the Honored Court 
will be willing to allow." John Emerson,* Robert (his mark) 
Elwell, John Davis,* John (his mark) Fitch, John Row,* Osmand 
(his mark) Dutch, Thomas (his mark) Prince, Samuell Elwell,* 
Hezekieh Dutch* and William (his mark) Grigges. 

Another petition: "Whereas you were pleased to grant to 
M r Duncan liberty to keep an ordinarie in the Towne of Glouces- 
ter last Court held at Ipswich, and thereby forbiding all other 
for continuance, may it please you to vnderstand that in soe 
doeing wee aprehend you haue done that which is most needfull 
for the Countrie and as necessitie may require for the suply of 
the Towne 

"As for our Towne you know it is noe throughfare, but when 
any goe thither from Salem or Ipswich on horse that is as con- 
venient and much nearer the Roade Cutt and harbour then the 
other is and as for any mariners occasions his habitation is as 
well sittuated as any is for such ends. 

"Our Towne is growing to a pritty fullnesse of younge people. 
It will be wee doe conceiue the easier to order and giue such and 
preuent extrordinarie expences when the house for selling liquor 
wine and strong beare is not soe neare the meeting house; which 
is too apparantly distructiue to the Towne where it is 

"When M r Blinman dwelt in Gloucester some time since, The 
harbour was chosen and pitcht vpon as the most convenient 
place for the Ordinary And there it was kept." John Emerson,* 
Robert (his mark) Elwell, John Davis,* John (his mark) Fitch, 
John Row,* Osmand (his mark) Dutch, Thomas (his mark) 
Prince, Samuel Elwel,* Hezekieh Dutch* and William (his mark) 
Grigges. 

* Autograph. 



362 SALEM QUARTERLY COURT s [June 

Richard Adams was released from common training, paying 
2s. yearly to the use of the company. 

The Worshipfull Major Hathorne's return of fines: 

George Stanly and Thomas Woodbery, on 13 : 11 : 1672, 
for breach of the peace. 

Ann, wife of William Lake, 14 : 5 : 1673, for breach of the 
peace on the Lord's day in the meeting house. 

Anthony Ribeara, 4:6: 1673, for stealing a coat from John 
Baker. He being satisfied, said Ribeara was fined or ordered 
to be whipped at Lyn on the next lecture day; but Ballard, the 
constable, let him go. 

Samuell Hibbert, 8:7: 1673, for base words tending to great 

Letter addressed "These For His hon r d Father, M r Samuel 
Symonds at Salem:" 

"Hon r d Sir 

"I have this day spoke with divers that were of the pretended 
towne Meeting & acted with them as they doe say meerly out 
of Ignorance for they thought that the Meeting had beene called 
by the select men or else that the Constable had had a warrant 
from the Magestrates to have called the Towne together & so 
it was held forth vnto them as they professe & never was under- 
stood any thing to the contrary untill this day which if they had 
they would by noe meanes have beene drawen to act with them 
And if time would have permitted I doubt not but that they 
would have drawne a declaration by themselves how they were 
deluded & presented it to the court. And further concerning 
that certificate which is now sent to the Court there were divers 
not at home & others so remoate that by reason of the shortnesse 
of time they could not be gone unto which otherwise I know 
would haue set their hands unto it. And many of those that 
acted in y re pretended meeting would haue willingly set their 
hands after they understood how illegally the meeting was called 
only both themselvs & I also thought it might doe more hurt 
then good in that they would by the Adverse part have beene 
charged to act both wayes. And one of the oldest men in the 
Towne whose hand is to the writing sent to the Court who seeth 
the inconveniency of Judkin sayth if he had Ten hands he would 
vote by them fo/M r Duncan & agaynst Judkin. Sir 

''Your obedient son 
"Glocest. June 29: 74 John Emerson 

"And since the writing of this another Solid man sayth if he 
had six hands he would vote for M r Duncan." 



1674] RECORDS AND FILES 363 

uncleanness, "for which I Judg him to be well whipped, 
vnles he pay downe p r sently 40s. in silver, which he did then 
pay." 

Samuell Harris, 10 : 7 : 1673, was fined and was bound not 
to come near Crod's wife or into her company unless his wife 
be with him.* 

Peeter Joy, 3:11: 1673, for drunkenness. 

William Basse, alias Bath, 9 : 12 : 1673, for drunkenness. 

John Smith, for being drunk and swearing. 

Robert Steephens, for breach of the peace and drunkenness. 

Richard Haule, for swearing. 

Returne Johnson, 21 : 1 : 1673-4, for deceitfully answering me 
and for excessive drinking. 

Samuell Steevens, 23 : 1 : 1673-4, for breach of the peace. 

William Mazary, 12 : 2 : 1673-4, for striking Dove's son. 

John Dier, 2:3: 1674, for breach of the peace, for being drunk 
and for swearing more than once at a time. 

Richard Freind, for breach of the peace. 

Thomas Vely's wife, for stealing. 

Henry Collens, jr., of Lynn was allowed 31i. for repairing the 
bridge at Lin. 

Willf and inventory of Ralph Ellenwood, deceased, were 
brought into court, proved and allowed. 



*Mary Woodbery, aged about forty-six years, deposed that 
about the middle of last June, Mary Haris, wife of Samuell Haris, 
came to their house, and having heard that sometimes said Sam- 
uel used to beat his wife, asked her if it were true. She answered 
yes and pulled up her sleeve and showed her arm which was black 
and blue, saying that her husband did it with a great stick that 
he had used when he was lame. She also said that her back was 
a great deal worse. About two days after, Samuell came to 
deponent's house to inquire for his wife, and when told that 
she was not there, he began to complain of her for running abroad 
so much. Deponent told him that she had little encouragement 
to stay at home because he beat her so. He replied, "Well, 
what if I doe, If I doe she shall haue more of it." Sworn, 1:7: 
1673, in Major Hathorne's court. 

Robert Evens, 15 : 10 : 1673, for breach of the peace and 
excessive drinking. 

fWill of Ralph Ellinwood, without date or signature: "I 
make helen my wife my lawfull executrix and to make use of 
all my estate to bring up our Children in the feare of the lord. 



364 SALEM QUARTERLY COURT [June 

Robert Leach of Manchester dying intestate, and there being 
a writing wherein was expressed the mind and will of the de- 
ceased in some general terms, also an agreement between the 
relict of deceased and her two sons concerning the ordering 



Thirdly I make my son Raph my lawfull heire after his mothers 
decease but when he is Come to the age of twenty one yeares 
he is to haue the ten akres which was formerly old Robert Mol- 
tons lot and that Joseph Beniamin & david and our too daughters 
Mary and Elizabeth each & either of them an equall portion only 
Raph a doble portion acording as the estate is prised to be paide 
as each comes to age onely I alow my wife hir thirds dureing the 
terme of hir life and after hir decease equaly her thirds are to 
be devided amongst our sons & daughters that then doe sur- 
viue." Wit: Thomas Pickton* and his wife Ann. 

Inventory of the estate of Ralf Ellinwood of Beverly, taken 
Jan. 30, 1673, by Henery Skerry, sr.,* Tho. Rootes* and John 
Massey, and allowed upon oath of Ellenor, the widow: The 
lot commonly called Molton's lot, with the building, orcharding, 
etc., 13511. ; plowabell Land, pasture, with part of the orchard, 
13011. ; 2 Cowes, 711. 10s.; 2 Heffers with Calf, 51i. 10s.; 2 Oxen, 
811. 10s.; 1 Calfe, Hi.; 1 mare & 2 mare Colts, 311. ; 15 sheepe, 
with theare lambs, 711. 10s.; 4 swine & 3 pigs, 311. 5s.; 6 Loads 
of haye, 611. ; A Beed part Fethers & partt Flockes with 3 Fether 
pillowes with a bolster & Covering 311. 10s.; a flock bed with 3 
blancitts, 111. 10s.; 20 Bushels of Ingen Corne, 311. ; 15 Bushels 
of barly, 21i.; 2 bushels of peese, 8s.; 8 Flitches of Bacon, 311. 
10s.; 2 bushels of Ry, 7s.; 301i. of sheeps wooll, Hi. 10s.; 161i. 
of hempe, 8s.; 1011. of flax, 10s.; Chaines & Fetters & horse 
Trases, 16s.; Cart & wheles with a Cops & bolt with plow Iornes, 
211. ; 3 Boxes For wheeles, 5s.; 611. wedges, 2s.; axes & hoes. 
8s. ; 2 hacks & 1 pare of Fiar Tongs, 10s. ; 2 Akers of Salt marsh 
Ground Laying to the Common, Hi.; 3 Iorne pots and a Scellett, 
15s.; warming pan, 10s.; a brace Cettell & scellitt, Hi. 10s.; a 
barrell of a Gun, 3s. ; 5 puter platters & an old pott & porrenger, 
Hi. 2s.; half a barrel of mackrell, 9s.; 10 bushels of Turnups, 
10s.; 1 barrell & half of sider, 15s.; 3 spining wheels, 10s.; 2 
Chests, 15s.; 2011. of Cheese, 6s. 8d.; 811. of Cotten yearne, 16s.; 
woodden dishes & boles & earthen platters, 5s.; 2 old siths & 
2 Repe hooks, 4s.; a sider prees & pounding Troff, Hi.; a con- 
new, 10s. ; 4 old bibels & sume other books, 18s. ; 4 pare of sheets 
with pillo bears and Tabell clothes, 411. ; 5 yeards of home maide 
wollen Cloth, 211. ; mony, 3s.; a towell, Is. 6d.; his best sute 
of home spun Cloth, 311.; 2 wascots, a Cote an drawers, Hi. 5s.; 
his stockens, shewes, & hats, Hi.; 3 shirts & neck clothes, Hi. 
10s.; 3 chaires, 5s.; total, 3521L 12s. 2d. 

* Autograph. 



1674] RECORDS AND FILES 365 

and settling of the estate, court allowed and confirmed said 
writing.* 

Willf of Tho. Newhall, sr., deceased, was proved and allowed. 

inventory of the estate of Robert Leach, late of Manchester, 
deceased, appraised by John West and Paul Thorndike: One 
dwelling house and barne, orchard and 4 score and five akers of 
upland, 2301i.; eight akers of Meadow, 501i.; six oxen, 301i.; 
eleven Cowse and other young Cattell, 431i.; for three Jades 
and Swine, 141L; for Cartwheeles, plowtackling axes and a part 
in a sawmill, lOli. ; a part in a boat, 151i. ; debts in John Leaches 
and farmer Wests hands, 351i.; for canooes, guns, sword and 
other small things, 41i.; wearing Cloaths and beding and corn, 
281i.; for peuter, brass and Iron and other houshold stuff, 51i.; 
total, 4641i. 

fWill of Thomas (his mark) Newhall, sr., of Lyn, dated Apr. 1, 
1668 and proved by the witnesses, Thomas Laughtonf and Rob- 
art Potter: J "I bequeath my twelf acres of salt marsh to my 
sonn Thomas Newhall and my sonn John Newhall the six acres 
that my sonn Thomas shall haue is three Acres in Rumley marsh 
neere the Island and the rest is a pcell lyinge in the Towne marsh 
called Gaines his necke and other pcell lyinge in the Towne 
marsh adioyninge to my Brother Farrington and the six Acres 
yt my sonn John shall haue lyeth in the last Divission in Rumley 
marsh but if my soon John should haue noe child before he dyeth 
then the six Acres I giue to my sonn John to returne to my sonn 
Thomas and his heirs for ever but if my sonn John should haue 
a child or childeren then the sd six Acres to bee att his owne 
disposse forever. I bequeath to my sonn Thomas Brownes 
his childeren twenty Pounds equally to be devided between them 
and the sixteen Pounds w ch he hath already of mine in his hands 
is to be part of this Twenty pounds I giue to his childeren. I 
bequeath to my sonn Richard Haven his childeren twenty pounds 
to be equally devided amongst them namly betweene Joseph 
Haven Richard Haven Sarah Haven Nathaniell Haven & Moses 
Haven this not to be paid vntill they com to the age of twenty 
one years, I bequeath to my tow daughters Susana Haven & 
Mary Browne each of them a paire of sheets and each of them 
too pillow beares. Alsoe I constitute & make my lawfull & sole 
executor and to pforme this my last will and testament my sonn, 
Thomas Newhall. I doe alsoe bequeath vnto my sonn Thomas 
Newhall his childeren thirty pounds." 

Inventory of the estate of Thomas Newhall, sr., of Lynn, lately 
deceased, appraised 25 : 4 : 1674, by Oliver PurchisJ and Robert 
(his mark) Burges: An old dwelling house with an old barne & 
6 Acres of Upland & 12 acres of Meddow, 951i.; 30 Acres of Land 

t Autograph. 



366 salem quarterly court [June 

Will* of Capt. Walter Price was proved, and the executors, 
Mrs. Elizabeth Price and Mr. Jon. Price, were given until the 
next Salem court to bring in an inventory. 

in the woods, some part meddow, 301i.; an old f ether bed, 1 Bol- 
ster, 1 pillow, 1 pillowbear, 21i. 10s. ; 1 Green Rugg, old, 1 Branched 
Coverlett, 1 old blankett, 1 one old p r of Curtaines & vallence, 
21i.; 2 p r of sheets, 1 table cloth & 3 napkins, 21i.; 1 Hatt & 
his wearing apparrell with 2 bands, 31i. ; 1 y rd & 1-2 of Red Cotton 
or such like, 4s. 6d.; 5 vessels of Brass, kettls, pots & skillett, 
21i. ; an iron Kettle & skillett, 8s.; pewter as 3 platters, 1 small 
flaggon, 1 Bowl & 1 Candlestick, 1 pott of a pint or more, Hi. 
2s. ; 1 pr. of Andirons, 1 pr. of Tongs, 1 spitt, 1 potrack, & 1 pr. 
of pothookes, Hi. Is.; 1 warming pan, 6s.; 1 Bible & 4 other 
good bookes, Hi. 5s.; 1 press Cubbard, 2 old Chests, Hi. 10s.; 
2 chayres, 12s.; 1 Box & some small matters in it, as two small 
black hankerchiefs, 1 black quoife, 1 Bonnett, & two small Rem- 
nants Linnen, 16s.; money, 5s. 7 l-2d.; a small parcel of land 
about an Acre neer ye overshut mill betweene the mil wast & 
y 3 Cawcwey bridge, 31i.; estate in ye hands of John Newhall 
his son, 201i. ; one-half pinte pott, Is. 6d.; some debts due to 
him p weaving &c, 61i. ; total, 1731i. Is. 7 l-2d. 

*Will of Walter Pricef of Salem, dated May 21, 1674, and 
proved by Mr. Edward Norrice and Benjamin Gerrish: "I doe 
order & appoint all due Debts to be paid & discharged vnto any 
person or persons to whom they belong, out of my proper Estate 
& in particular the Legacyes giuen to my two Grandchildren 
Elizabeth Price and Anne Price. Item, I giue and bequeath 
to my sonne John, and confirme vnto him what was promised 
him vpon his Mariage, viz: one third part of the Ketch Friend- 
ship, also the whole Ketch William & John, halfe the warehouse 
at winter Hand, & the now dwelling house of John Lambert in 
Salem, or the debt due to me from him. Item I giue & bequeath 
vnto my sonne John the dwelling house wherein Doctor Weld 
now liueth, with the ground belonging to it Item I giue & be- 
queath all the rest of my Estate, to my deare and Loveing wife, 
Elizabeth Price, to be possessed & enioyed by her dureing her 
naturall life, only shee paying out of it, a portion, what she shall 
thinke meet, to my sonne William Price, according as he shall 
behaue himselfe. 

"Item my will is that my sonne John Price shall, after my 
decease, Hue in my now dwelling house with his mother, & shall 
manage the Estate for her, & the Grandchildren, viz: Elizabeth 
Croade, John Croade & Elizabeth Price, vntill they shall be dis- 
posed of, by their said Grandmothers Consent, Item my will 
is that my sonne John Price, liueing with his mother & manage- 

t Autograph and seal. 



1674] RECORDS AND FILES 367 

A writing presented to this court as the will* of Hugh Alley 
was proved and allowed. 

ing the Estate, as aforesaid, dureing her naturall life, shall in 
Consideration thereof, possesse and inioy as his owne, the one 
halfe of the Estate that is left at his mothers decease, or else 
shall possesse & inioy the whole Estate that is then left, (except- 
ing the houshold goods,) he paying out of it, the value of halfe 
y e said Estate, at that tyme to the aforesaid Grandchildren 
Viz : Elizabeth Croade, and John Croade or any else of my Child- 
ren, according to the will of his mother at her decease, and also 
to their sister Hannah Croade Item, I giue and bequeath vnto 
my sonne William Price twenty shillings, and to my daughters 
Elizabeth Rucke and Hannah Verin twenty shillings apiece. 
Also to my daughter Anne Bradstreet fiue shillings Item, I doe 
will and appoint my beloued wife, Elizabeth Price, and my sonne 
John Price, to be Joynt Executours of this my last will and Testa- 
ment, and I desire & designe my beloued brother Capt. William 
Gerrish of Newbury, and Capt. Thomas Lothrop of Beverley 
to be Ouerseers thereof." Wit: Edw. Norricef and Benjamin 
Gerrish.f 

♦Will of Hugh (his mark) Ally, sr., dated 2 : 11 : 1673, pre- 
sented by the widow Mary, who was appointed administratrix 
of the estate, and proved by William Bassett and Ellenor Lam- 
bert: "I giue to my son John Ally a yew shep and a lamb at 
mickelmas next his wife and children for to haue the yuse of 
them tele the children com to age and then the children to haue 
the yew shep and the lamb and the incres of these shep, I giue 
to my grandchild John linsy at michalmase next a ewe shep 
and the first yewe lamb that this yewe brings his brouther Elizer 
linsy shall haue and the first yew lamb that Elezers ewe shep 
brings that sameull linsy shall haue and the increse of these shep 
to be cepte for them tell they be at age and then they to haue 
them all for thear on yuse at there desposing I giue to my grand- 
children Elezar linsy childrin at mickelmas next a yewe and a 
lamb and the children for to haue the incres of them when they 
com at age I giue to martha milles and hure child martha mills 
a yewe shepe and a yewe lamb at micklmas next and they for 
to haue the incres of thes shep and for the Rest I leue to my 
wife for to dispose of my estat at hure death to my children as 
she sese most nede." Wit: William Basett,f Ellenn Lambertf 
and John Aley.f 

Inventory of the estate of Hugh Alley, taken 7 : 12 : 1673, by 
William Bassettf and John Lewis, f and allowed upon oath of the 
widow Mary: One house and one Acker of land and a half, 101i.; 
one mare and one hors, 41i. 10s.; 3 swin, 21i.; 2 cowes, 61i.; 12 
shepe, 61i.; fodr, 21i.; 2 beds and beding, 61i.; gots, Hi.; bockes, 

t Autograph. 



368 salem quarterly court [June 

Will* of John Legg, deceased, was proved and an inventory 
allowed. 

5s.; tras and bouls, 10s.; puter and Earthen ware, 10s.; lorn 
and brase, Hi. 12s.; cobard and 1 chest and 2 tronks chears and 
stols, Hi. 10s.; Inglish and Ingin corn, 311. ; axses and houws 
and old Iron, Hi. 10s.; whelles and tubs and palles, 21i. 10s.; 
meate, 10s.; linen yearen, 12s.; sadell and bouts and shoues, 
Hi.; wearing clothes in linin and wolenen, 21i. 10s.; glases, 4s.; 
debts due to the estate, 51i. 4s. 4d.; total, 601i. 17s. 4d. 

*Will of John (his mark) Legg, dated Nov. 16, 1672, and 
proved by Leift. Samll. Ward and Edw. Humphry, Samuell, 
John and Daniell Legg, sons of deceased being at the same time 
appointed administrators of the estate: "I doe Giue and be- 
queath || & make ouer |j vnto my Wife Elizebeth all my whole 
estate what Euer: house and land & Goods and all things: to 
be at her dispossing Continuing her life soe y* noe Children of 
ou r s shall disturbe or Mollest her in y e time of her life: after my 
decease: but only what she doth think Good to dispose of to 
her Children o r others I leaue it to her Libertie I doe further will 
and desire y* if my wife she should marry with any man after 
my decease y* y e man to whome she shall be maryed to shall not 
haue any thinge to doe with y e Estate at all but after my wifes 
decease y e whole Estate to be Equally Diuided between my 
three sons y* is to say samuell John and Daniell, I doe more over 
will and desire y* my Son Daniell being my Youngest son should 
haue tenn pounde more then y e other two: to be taken out of 
y e Estate, I doe leaue in Leaguseas to my Son Sam 113 two Children 
fiue pounds a peece and likwise to my son John: his two Children 
flue pound a peace." 

Inventory of the estate of John Legg, taken at Marblehead, 
May 25, 1674, by Samll. Wardf and Erasomus James :f One 
Dweling House and two outt houses with about 1 1-2 acres of 
meddow & orchard, 1151i.; pastuer walled in, 3 1-2 acres, 551i.; 
one Lott Containing 20 acres, 361i. ; part of a farm about Eight 
acres, 171i.; two Cowes comanedg, 91i.; one servant Boy, 81i.; 
fower Cowes, two steers & one heiffer, 171i.; three swine, about 
1 year old, Hi. 10s.; cashe left, lOli. 15s.; depts out, 61i. 19s. 
lid.; one Fether Bed and a under Silke Grase Bed, 21i. 15s.; 
old Bolster, & three smale Fether pillows, 14s. 6d.; two Ruggs, 
21i. 14s. ; Curtain & vallains, 16s. ; one Bed Steed and Cord and 
matt, Hi. 2s.; one pair of andirons, Hi.; one Long table, 25s. 
and one short table, 5s.; one paer of Bellows, 18d., and a Grid- 
iron, 2s.; one Candlestick, 2s., and one Looking Glace, Is.: one 
great Chaier, 3s. 6d., and one Bedsted Cord & matt, 24s. 
sett of Curtains and vallins and fower Curtain rods, 15s. 

t Autograph. 



one 
one 



1674] RECORDS AND FILES 369 

Will* of Robert Prince, deceased, was proved and allowed. 

warming pann, 4s., and one fryin pann, 2s.; one spitt, 3s. 6d., 
and one great Chist, 10s.; one iron Cettle, 8s., and one Cettle 
pott and Hooks, 5s. 9d.; one skillett, 3s. 6d., and one pott hanger, 
5s. & a Hearth iron, 4s.; fower Putter platers and one Basson, 
10s.; three porengers and one salt seller, 2s. 6d.; five spoons, 
2s. 6d., and fifteen trenchers, Is.; fower Earthen Dishes, Is. 6d., 
and two Brushes, Is. 3d.; two Earthen potts, 6d., three old 
Chaiers, 4s. 6d.; one putter Quart and pinte pott, 5s. ; one putter, 
Basson and porenger, 3s.; one Cann, 2s. and one Chamber pott, 
3s. 6d.; one earthen pott, Is., and one Bible and psalm book, 
6s. 6d.; one pair of pott Hangers, 4s.; one Brase cettle, 7s.; 
one Brase skellett, 2s., and fower wooden Dishes, Is. 9d.; one 
paile, 2s., and two Earthen pans, 2s.; one paer of tongs, 2s., 
one Churn, 4s. 6d.; one Candlestick, one Lampe, 2s., and fower 
Joynt stools, 8s.; one womans Hatt, 16s.; one old Fether bed, 
21i.; three new pillows, 12s. 6d., two old pillows, 5s. 6d. ; one 
Bolster, 7s., and one Green Rugg, 17s.; one Green Rugg, 15s., 
one pair of white Blankets, 20s.; one paer of old Blanketts, 12s., 
one Red Blankett, 6s. ; six Diaper napkins and one table Clothe, 
14s.; six napkins, 8s., one pair of Cotten sheets, 16s.; one pair 
of Cotten and Lining Sheetts, 16s.; three old sheets, 14s., one 
holland pillobe, 3s. 6d.; two pair of pillobes, 7s. 6d., two holland 
aprons, 12s.; one Green say appron, 6s., and two blue approns, 
3s. 6d.; one Lute String Scarfe, 6s. 6d., and head Clothes & 
Gloves, 8s. 6d.; one table Clothe, 3s., a man's Coat new Kersie, 
30s.; one paier of Kersie Briches, 10s., and an old searg Coat, 
2s. 6d.; one woman's Coat of moorhaier, 16s., and two old searge 
Coats, 8s.; one Stufe Coat, 13s., and one Brod Cloth wastcote, 
12s.; one Searg wast Coate, 9s., one Red peniston Coate, 6s. 
6d.; one woman's Cloke, 7s., and two Carpitts, 13s.; one old 
Trunke, 9s., and one new Chest, 12s.; one new Box, 5s.; total, 
31611. 13s. 2d. 

*Will of Robart Prince, dated May 24, 1674, without signa- 
ture, proved by Lieut. Thomas Putnam and John Putnam: 
"I giue unto my toe sones James and Joseph Princ all my houses 
and fences and land both upland and medous for to bee Equally 
to bee deuided betewene them both when thay Come to the ages 
of one and twenty yeres. I giue unto my daftere Elisebath 
Prince forty pounds to be payed by my tow sones when thay 
Come to ages fiftene pounds appece and tenne pounds by my 
wife : and this to bee payed vnto my dafter at the age of Eighttine 
yers. I giue unto henery brage three pounds to bee payed by 
my Excectors, my will is that my wife shall haue the hous and 
land untelle my sones Come unto age and bring up my Children: 
allso all my stocke of Cattell and movabell goods: Excepet 
fouer of the great pueter platers which I giue unto my dafter. 



370 SALEM QUARTERLY COURT [June 

Will of John Tarbox, sr., proved and an inventory allowed.* 



my will is If Ethere of my Children should desese before thay 
Come unto age then the Estate or legecy to bee devided betwene 
him or them that surviue. lastly I make my wife my sole Ex- 
ceteure of this my will, allso I apoynt and desier thomas and 
John Putnam to bee the ouerseeres of this my will, my will is 
that If all my Children shall desese befor thay shall Come to age 
that then all my land shall fall to the next of blode." 

*Will of John (his mark) Tarbox, sr., of Lyn, dated 25 : 9 : 
1673, and proved by Thomas Laughton, sr., and Robert Burges, 
in Salem court: "I bequeath my house and housinge with or- 
chard and all my Land and meadow with a green rugg and a 
great Iron kettle a round Joyne Table to my sonn John Tarbox 
and his heires for ever. I bequeath vnto my sonn Samuell Tar- 
box and his heires twenty fiue pounds to be paid vnto him or 
his heires by my sonn John 1 1 tarbox 1 1 or otherwise to haueth at 
three acres of Land yt was my wifes before I marryed her and 
tow acres of salt marsh in rumley marsh if my sonn John shall 
not pay this twenty fiue pounds in one yeare and a halfes time 
after mine and my wifes decease and it is to be vnderstood this 
twenty fiue pounds given to my sonn Samuell is not till after one 
year & halfe after myne and my wifes decease. I bequeath 
vnto my Grand child Samuell Tarbox one younge steere to bee 
put out for his only use and benefitt. I bequeath unto every 
one of my sonn John Tarbox his childeren and my sonn Samuells 
childeren one ewe sheep a peece. Lastly I bequeath unto my 
louinge wife all the rest of my estate to be dispossed of by her 
what shall bee of it att her decease left equally to my sonn John 
tarbox and his heirs and my sonn Samuell and his heirs alsoe 

1 leaue my wife my only executrix and my louinge freinds capt 
marshall & Thomas Laughton senior my overseers of this my 
will." Wit: Thomas Laughton, sr.,f and Robert (his mark) 

Burges. 

Inventory of the estate of John Tarbox, sr., of Lynn, taken 
29 : 3 : 1674, by Thomas Laughton, sr.f and Robert (his mark) 
Burgess: one dwellinge house and one barne with seaven Acres 
of upland and A orchyeard neare adjoyninge, 551i., six acres of 
salt march lyinge in Rumley marsh, 301i.; three cowes and a 
calfe, lOli. 10s.; 3 younge cattle, 71i.; 9 sheepe and six lambes, 
41i. 16s.; tow swine, 31i.; one bedstead & bed & bedinge, 61i.; 
tow coverings, Hi. 10s.; three paire sheetes, 21i. 8s.; two shirts, 

2 pillowbeares, one table cloath & a wallett, Hi. 16s. ; a bed tick- 
inge, & a old Blankett, 8s. ; one peece of new cloath being wollen, 
21i.; one carpett and a couchinge, 8s.; two coats & a pair of 
drawers & a paire of old Breeches, Hi. 16s. ; for more old weare- 

t Autograph. 



1674] RECORDS AND FILES 371 

Michaell Patridg and Robt. Hooper dying intestate, an in- 
ventory of both estates was brought into court by Mr. William 
Browne, sr., to whom they were given by Thomas Edwards, 
boatmaster, and the latter was appointed administrator, he 
to pay the debts in proportion as the estates warrant.* 

inge cloathes, 14s.; Three paire of old stockings and one paire 
of shoos & a hatt, 9s. ; one sack & foure Baggs & a winnow sheet, 
Hi. 2s.; one peece of cloath, 8s.; one parsell of yearne & one 
pound flax, 16s. 6d. ; two old pillows, 6s. ; seaven pound of sheep 
woole and cotten woole yearne, 12s.; eleaven pound sheeps 
woole & two old Baggs, 12s.; two platters, two drinkinge potts, 
three poring dishes & two bassons & a bottle, all pewter, Hi. 
2s.; one brasse skillett & a brasse skimmer, 5s.; one Brasse 
pott & one Iron kettle, Hi. 2s.; three Iron potts, Hi. 13s.; one 
warmeing pann, a fire shovell & a pair of tongs, two paire pott 
hookes & a pott hanger, a paire of bellows, 16s. 6d.; a fryinge 
pann, Iron morter & Iron pinn & a tinn pann, 5s. 6d. ; one round 
Table & two Joyne stooles, 12s.; three chests & a old cubberd 
& a box, Hi.; two spininge wheels, 5s.; three pailes, 4s.; some 
earthen potts & wooden dishes & some wooden trayes, 5s. 6d.; 
three sawes & foure axes, Hi. 4s.; six old sickles & hookes & a 
pcell of old Iron, 12s.; two forkes and one Iron crow & a grin- 
stone, lis. 6d. ; two old chairs & an old stoole & cuchen, 3s. 6d.; 
one truel hammer & a paire of pinchers, 2s. 4d. ; six old basketts, 
a lanthorne & six pound of flax, 7s. 8d.; one pcell of lumber, 
17s. 6d.; foure Barrells & a tub, 10s.; two barrells, one lather 
undressed flax a dungforke and shovell, 14s.; six bushill & half 
of Indian corne & one bush, of mault, Hi. 3s. 6d.; money, 2s. 
6d.; owing for two oxen by John Tarbox, jr., and Samuell Tar- 
box, 121i.; owing by John Tarbox, jr., Hi. 7s.; owing by Ezekell 
Needham, 9s.; total, 1591i. 6s. 6d. Debts owing to Capt. Mar- 
shall, 5s. 8d.; to George Coale, 6s. 8d.; to Robert Driver, jr., 
2s. 6d.; to John Tarbox, jr., 10s. 

*Mighell Partridg, Dr., to paid several men p. Tho. Edward, 
41i. 7s. Id.; one 1-3 pt. of ye Shallup, 241i. 4s.; Goodman Lord 
& other men for his Buriall, 14s.; total, 291i. 5s. — . Creditor, 
1-3 pt. of ye shallup as she was prised, 151i.; his winter Voyag 
with Tho. Edwards, llli. 6s. 9d.; some old Clothes, 21i. 15s.; 
total, 291i. 2s. 3d. 

Robert Hooper, Dr., to severall Menn for Debts, 31L; his 
buriall, 24s.; to Mr. Wm, Browne, Senr., for 1-3 of ye Shallup, 
241i. 5s.; total, 381i. 5s. Creditor, 1-3 pt. of ye Shallup as She 

was prised, ; his Winter Voyage with Tho. Edward, llli. 

6s.; a pcell of old Clothes, 15s.; total, 271i. Is. 9d. These ac- 
counts were delivered by Thomas Edwardsf to Mr. William 

t Autograph. 



372 SALEM QUARTERLY COURT [June 

Mr. John Gifford had his license renewed for the ensuing year 
to retail or sell to his workmen strongwater by small measure. 

Browne who presented them as inventories of the estates and 
they were allowed. 

Acompt of ye vioag of Michaell Partridg and Thomas Hooper 
who were Drowned in ye Month Apriell: here at Salem: In 
Merchantble fish among 4 men, in all there was 94 qntles, 841i., 
12s. ; their Refuse Fish, with a Barrill of Oyle, 201L 13s. ; total, 
10511. 5s. To Mr. Browne & Boates hier, stage Roome and 
Beefe & nett, 591i. 18s.; there Remains, 451i. 7d. Diveded be- 
tween 4 men Comes to llli. 6s. 9d. a man. 

To what Thomas Edwards hath ben out for Michael Partridg: 
paid to Samll. Nicholson for Michaell partridg, Hi. 12s. 6d.; to 
John Brock, 12s.; to Edw. Homan, 5s. 6d.; to Goody Coale, 
lis.; to house Rent, 10s.; to Tho. Edwards, 8s. 6d.^ to vinson 
Stutson for Shoose, 5s. 6d.; to Mr. Lattimore, 2s. 4d.; total, 
41i. 7s. 4d. 

Thomas Hooper Debter, to Goody Colle, 17s. 6d.; to ye Old 
Boat, 51i. 10s.; to Boston for Boots, Hi. 2s.; to Vinson Stutson 
for Shoose, 7s. 6d. ; to Beniamin Parmeter, 111. 15s. 6d.; to Mr. 
Brown, sr., 31i. Is.; to Mr. Lattimore, 2s. 6d.; to house Rent, 
10s. ; total, 1311. 7s. To both their Burialls, Hi. 8s. 

The appraisal of a shallop, belonging to Michaell Partridg, 
made June 30, 1674, by Erasomus Jamesf William (his mark) 
Neck and Christopher Necke:f one pare of Shoose, in silver, 
6s.; 1 pare of stockings, 3s.; 2 ould Shurts & 3 handChefer, 
6s.; 3 old pare of Drawers, 5s.; 1 old Blanckett, 6s.; 1 pare 
Gloves, 2s.; 1 old Bed sack & pillow, 2s.; 1 Coate, 8s.; 1 Sute, 
Coate & Breaches, Hi. 4s.; 1 woollen wastcoat & Drawes, 3s.; 
3 pare of old Stockings, 3s.; 2 old Caps, Is. 6d.; 1 Bible, 3s.; 
1 old hatt, 2s.; 1 old Cheest, Is.; total, 211. 15s. 6d. 

Tho. Hooper's goods appraised by Erasomus James :f parcell 
of old Lumber, as Stockings, Drawers & wastcoats, 2s.; 1 old 
Shurt, 3s. ; 1 pare Breeches, 6s. ; 1 old Coate, 4s. ; total, 15s. 

Writ:* Susanna Hollingworth, widow v. John Hutson; debt; 
dated June 19, 1667; signed by Hillyard Veren,f for the court; 
and served by Henry Skerry, jr.,f deputy marshal of Salem. 
Bond of John Hudson, with Thomas (his mark) Booing and 
Richyard (his mark) Hutson, sureties. Wit: Willi. Holingworthf 
and Edward Reed.f 

Letter of attorney, dated June 26, 1667, given by Susanna 
(her mark) Holingworth, widow, of Salem, to her son William 
Holingworth. Wit: Joseph Phippen.f 

*jTheTollowing papers, not being filed chronologically, did not appear 
under their respective courts. For Hollingworth v. Hutson, see ante, vol. iii, 
p. 425. 

t Autograph. 



1674] RECORDS AND FILES 373 

Willi. Holingworth's bill of cost, 18s. 

Petition to the Salem court, 4 mo: 1667, from the inhabitants 
of Marblehead: "wheareas the said Marblehead hath been a 
place of fishing for many yeares past, on which Acco* divers per- 
sons from England, Newfound Land, and other places haue 
— rted thither, many of them persons undesirable, and of noe 
estates, butt rather Indebted, yett had no power to exclude 
them, because thay Came on a fishing Acco* soe that many of 
them haue been burthensum to the place; and thay Constrayned 
to maintane them, in Cases of sicknesse and Lam[n]es or other 
Occurances that haue by the prouidence of god befallen them 
but now by reason of the fayling of the fishing trade att home, 
and the wars Abroad: our Condition is uery Low, and many 
Amongst us on Acco* of fishing know not how to Maintaine 
themselfs and families, our humble request thearefore is that 
this Honored Court would take our Low Condition into their 
serious Consideration that we may either haue power putt into 
our hands to kepe outt such persons from Coming into our planta- 
tion as are Like to be burthens to us. or that we may be eased 
of the Charge may Accrew by the Countie or as otherwise this 
Honored Court shall thinck fitest to doe for us, or Aduise us." 

Copies,* made by Daniel Denison,f of the papers in the action 
of the Selectmen of Ipswich v. Walter Fairefeild, tried before 
Major General Daniel Denison, Mar. 28, 1669-70: 

Writ: Selectmen of Ipswich v. Walter Fairefeild; trespass, 
for felling trees on Ipswich commons; dated Mar. 3. 1669-70; 
signed by Robert Lord, for the court; and served by Robert 
Lord, marshal. 

Record of Ipswich court, Mar. 28, 1670, in a similar action, 
with judgment for plaintiffs. Thomas White, attorney to Walter 
Fairefeild, appealed to the next Salem court; Charles Gott, 
surety. 

At a meeting of the Ipswich selectmen, Feb. 21, 1669, Robert 
Lord, jr., marshal, was ordered to prosecute against Walter 
Fairefeild, Rice Edwards, John Dodge and John Poland. 

William Storey testified that he saw a poplar tree newly felled 
in Ipswich commons and saw Walter Fairefeild chopping upon 
the tree and he ran away behind a tree when he saw him. Sworn, 
Mar. 28, 1670, before Daniel Denison.f 

Seth Storey, son of William, deposed. 

Joseph Knolton deposed that going to Goodman Perry's, he 
saw a log on a sled on Ipswich common. 

Goodwife Knolton was summoned, but was not able to go 
to town. She said that Walter Fairfeild with John Solar came 
in there and she asked him where he had been. The former 
laughed and sneered and said nothing, but Solar said they had 
been at Goodman Storey's. Goodwife Knolton said she had 

* See ante, vol. iv, p. 260. t Autograph. 



374 salem quarterly court [June 

the child in her arms and did not look out so she could not swear, 
but he had the log. 

Walter Fayerfield's* reasons of appeal, received, June 23, 1670, 
by Daniel Denison*: that Maj. Denison was acting as judge 
and an interested party by his right in the commons; that William 
Storey who testified against him was to have half the fines of 
those convicted, etc. 

Answer to Walter Fairfeild's reasons of appeal made by Robert 
Lord,* in the name of the rest of the selectmen of Ipswich. 

Summons, dated 1:4: 1670, to John Cleark, son-in-law of 
Mordecai Larcum to answer a presentment for attempting mur- 
der in thrusting a knife against the ribs of Jestin John, servant 
of Jacob Barney, sr., also the witnesses, John Woolley and Jere- 
miah Benett, signed by Hilliard Veren,* cleric, and served by 
Robert Hibert,* constable of Bass river. 

Summons, dated 1:4: 1670, to Frances Tilsey, servant to 
John Procter, to answer a presentment for drunkenness. Wit: 
William Traske, John Trask and John Peeter. 

Jno. Woolly deposed concerning the attempt at murder. Sworn 
in court. 

Venire, dated May 20, 1670, for Beverly, also summons to the 
selectmen upon presentment of the town for a defect in the high- 
way at the ferry, also between Mr. Conant's and John Knight's, 
and to summons Nathaniell Howard as a witness, signed by 
Hilliard Veren,* cleric, and served by Robert (his mark) Hebard, 
who returned the name of John West for the jury of trials, also 
to answer the presentment about the highways, and Nathanell 
H award for the grand jury. 

Summons, dated July 14, 1670, to Mr. Raulph King and Mr. 
John Blano as witnesses in John Ally's presentment for drunk- 
enness; and to Mr. William Wilson, Tho. Wenmar and Capt. 
Marshall and his wife and Lieut. Purchas as witnesses in Joseph 
Armitage's presentment for drunkenness, signed by Hilliard 
Veren,* cleric, and served by Ralph King,* constable of Lyn. 

Summons, dated July 14, 1670, to the wife of John Mason, 
brickmaker, for drunkenness, and Benjamin Gerrish, John 
Higgenson and Thomas Mawle, as witnesses, also to summons 
John Pickering as a witness in Elizabeth Poe's presentment, 
signed by Hilliard Veren,* cleric. 

Warrant, dated 14 : 5 : 1670, for the apprehension of Wm. 
Blunt and Mary Seeres, formerly so called, for too much famili- 
arity, etc., and summons to witnesses, Nathaniell Beadle, John 
Home and Jo. Laskin, signed by Wm. Hathorne.* 

Summons, dated July 14, 1670, to Richard Norman, sr. as a 
witness in Elizabeth Poe's presentment, signed by Hilliard Veren,* 
for the court. 

Oliver Purchis, aged about fifty-three years, testified that on 

*Autograph. 



1674] records and files 375 

Court held at Salem, July 21, 1674, by adjournment. 
Judges: Samll. Simonds, Esqr., Dept. Govr., Majr. Genii. 
Danll. Denison and Major Wm. Hathorne. 



the evening before the last day of public thanksgiving, he saw 
Joseph Armitage disguised with drink as appeared by speech, 
gesture and countenance at the houses of William Edmunds and 
Capt. Thomas Marshall. 

Capt. Marshall deposed that Joseph Armitage was so drunk 
at their house that neither he nor his wife dared suffer him to 
have any drink there, and some strangers there wondered that 
they would suffer such a man to come into their company. Sworn, 
18 : 5 : 1670, in Major Hathorne's court. 

Nicholas Maning deposed that Mary Seers (also, Searle) came 
out of her cellar in a single coat and that William Blunt was in 
the cellar also. 

John Horn deposed that at Wm. Blunt's house he saw Mary 
Seers sitting upon the table, and she used the word "Honey" in 
her discourse two several times, while said William was dressing 
leather upon the table near her. 

N. Beadle testified that they called each other "dear" and 
"Honey" and walked hand in hand together. Sworn, 18 : 5 : 
1670, in Major Hathorne's court. 

B. Gerrish and Will P— deposed that a fortnight before the 
last Salem court, they saw Goody Mason pass along homeward 
down Mr. Batter's lane, reeling very badly, and she fell down 
twice. Sworn, July 18, 1670, in Major Hathorne's court. 

Writ* of replevin, dated Feb. 12, 1671, for a mare of John 
Poland's detained by Samuel Knoulton, signed by Robert Lord,f 
for the court, and served by Robert Lord,f marshal of Ipswich. 

Theophilus Wilsonf certified that Goodman Knowlton's brother 
Joseph reported the taking up of a mare, etc., and Sam. Knowlton 
took it up, etc. 

James Burnam, aged about twenty years, Nathaniel Lord, 
aged about seventeen years, servant of Sergt. Burnam, and 
Thomas Burnam, sr., aged about fifty-five years, deposed con- 
cerning the mare. 

Robert Lord,f clerk of the writs, deposed concerning the ad- 
vice he gave John Poland concerning the prosecution. 

Thomas Burnum, sr., aged about fifty-five years, deposed. 
Sworn, June 24, 1672, before Daniel Denison.f 

John (his mark) Poland certified, Mar. 18, 1671, that the mare 
was not his but Sergt. Burnam's. 

Nathaniell Browne, Edward Neeland and Elicksandars Tom- 
sone deposed concerning the ear marks. Sworn, June 24, 1672, 
before Daniel Denison.f 

*See ante, p. 49 for Knowlton ». Powland. t Autograph. 



376 SALEM QUARTERLY COURT [July 

The town of Beverly, presented for a defect of a highway 
between the house of Mr. Roger Conant and the head of the 
rail fence Wenhamward, said Beverly was to make good the 
way before the next Salem court, and make their return, upon 
penalty of 51i., and to pay cost of witnesses, Robt. Hibbert and 
Thomas Patch. 

William Barber and his wife, for fornication before marriage, 
were sentenced to be whipped or pay a fine.* 

Joseph Armatag, presented for common barratry, and found 
guilty, was committed to prison for twenty-four hours, and to 
pay witnesses, Capt. Savage, Capt. Hutcheson and Hen. Roads. f 

* William Barber's petition: "I doe confesse my psentment 
and doe acknowledg I haue sined against god and trespased 
against this commonwealth and doe humbly Intreat the fauor 
of this honored Court I hope yo r honors may be likened unto the 
kings of Israeli of ancient time, (to be knoun to be mercyfull men) 
and I hope you may be knoune to be like o r blesed lord himselfe 
who although he is Just against siners: yet he is mercyfull vnto 
the penitent and unto the retorning siner, I did euer oun & ac- 
knowledg my offence, and doe from my hart desier to be ashamed 
of it & humbled for it & I hope in the mercy of god that he will 
doe me good by it, I besech yo r honors shew me some fauor, I 
am a young beginer in the world, and what I haue is at yo r honors 
comand. I lye at yo r Foote doe as god shall guide you in the 
case, I haue but a word to say for my self, and that is in regard 
of the law here established that any crime not complained of 
within the year, the law taketh not notis off, I was maried the 
first week in may last was a twelue month I spake it not to 
excuse my sin god knoweth, but that yo r honors may understand 
the verity of it, & doe humbly intreat yo r honors candid con- 
struction, and shall euer be obliged, this Honored Courts poore 
and humble seruant." 

Witnesses to the presentment, Tho. Farrer and Andrew Mans- 
feild. 

fEdward Hutchinson, t aged sixty-one years, and Thomas Sav- 
age J aged sixty-seven years, complained to the grand jury on 
July 1, 1674, that Joseph Armitage of Line had attached the 
estate of Thomas Savage four times and summoned him to appear 
at Salem and Ipswich courts to answer to one and the same action 
and yet did not prosecute, whereby it appeared plainly that it 
was his purpose to vex and molest him. Also that the debt for 
which he sued had been paid and Armitage had threatened Savage 
that it would cost him seven or eight hundred pounds if he did 

JAutograph. 



1674] RECORDS AND FILES 377 

Jacob Pudeator, for striking and kicking his wife, court being 
informed that the woman "is of great provocation," had his 
sentence moderated.* 

The town of Salem, presented for defect of a highway on the 
Salem side of Forest river bridge at the next swamp Salem ward 
and thence to the south side gate, was to make it good before 
the next Salem court. 

The town of Salem, presented for defect in the country high- 
way between Frost Fish brook and Horse bridge, Wenhamward, 
and in particular at the foot of the hill called Leach's hill, be- 
not comply with his desires. Complainants asked the considera- 
tion of the grand jury if these actions were not such as to demon- 
strate him a common barrater, one who vexes his neighbors 
with unnecessary suits. 

"Capt. Savag my loue remembred to you, the reson of my 
writeing is that this debt that is due to me might sertinlie haue 
a end, for what I promised yu I and my freinds are redy to keep 
their word to pay you soe much as I promised you provided you 
will put vs in a sertin way wherby that we may inioy that that 
we haue w th out truble & to that end you will Com over to Capt 
Marshalls the 20 day of Septemb r being this Instant month, 
but if not I will sue upon the promise & then it will Cost you 
seaven or eight hundred pownds out of ye owne Estate, but 
then we that I propose to you it will not cost you on penie if 
y* send me word I and my freinds will meet you at winisemet 
the same day ; but not in Boston & so I rest 

"y r freind 
"12Sept r 1672 Joseph Armitag."f 

"Wee whoe haue here vnto subscribed beeing imployde aboute 
an Arbitration betwixt the Aboue mentioned partyes m r Rhodes: 
& Joseph Armitage concerning the Armitages burning m r Rhodes 
his fence, vpon the Land aboue mentioned: the s d Armitage 
then threatened the sd m r Rhodes to sue him in severall actions 
& this was vppon the 16: Decemb r : 72: And indeed hee hath 
putt the sd m r Rhodes vnto agreat deale of trouble & charge 
about the sd land: And wee conceiue uniustlye. Andrew Mans- 
feild,t Nathaniell Handforthf and Thomas Marshall."! 

*Marye (her mark) Neale, wife of Jeremiah Neale, testified 
that about the middle of March last, she saw Jacob Pudeator 
strike his wife three or four times, throw her down and kick her, 
and this was on the highway before deponent's house. Susanah 
(her mark) Hill, aged about fourteen years, testified to all her 
dame Neale had said. Sworn also by Abigaile Smith, in court. 

fAutograph. 



378 SALEM QUARTERLY COURT [July 

tween that place and the house of Edward Bishop, were to repair 
it before the next Salem court.* 

The town of Salem, presented for breach of that law entitled 
children and youth on page 26, was admonished, and was ordered 
to take care that that wholesome and profitable law be duly 
executed, court agreeing to give all advice and assistance. Also, 
it was ordered that they bring in to the next Salem court an 
account of the youth, from the age of nine years and upward, 
who cannot read or are not profitably employed to the benefit 
of the commonwealth.! 

The selectmen of Beverly, presented for the same neglect, 
were given the same orders. J 

The selectmen of Manchester, presented for the same neglect, 
were given the same orders. § 

Richard Stackhouse was ordered to make a sufficient cause- 
way for foot travel on Salem side, to low water mark, against 
the ferry place, and make return to Salem court. If it were 
not finished by then, Nathaniell Hayward and his family were 



*Tho. Patch and Andrew Mansfeild testified that the country 
highway was insufficient, etc. Sworn in court. 

fLaws of the General Court in regard to this order. The 
selectmen were to see that all children and youth under family 
government be taught to read perfectly the English tongue, have 
knowledge in the capital laws, be taught some orthodox catechism 
and that they be brought up to some honest employment profit- 
able to themselves and the commonwealth. In case of neglect 
on the part of the family government after admonition given 
them, the selectmen are required with the help of two magistrates 
to take away such children or apprentices and put them where 
they will be more strictly cared for. "The Neglect whereof 
as by sad Experians from Court to Court abundantly appeares 
Doth occasion sin & propannes to increase among us to y e Dis- 
hono r of God and the Insnareing of many chilldren & servants 
by y e Dissolute lives & practisses of such as doe liue from under 
family government & is a great Discouragment to those family 
gouerners who Conscientiously indeauor to bring up there youth 
in all Christian Nurture as y e laws of god & this Comon wealth 
doe require." The constables were ordered to return the names 
of all who "Doe not serve there Parents or Masters as children 
aprentises hired seruants or Jorny men ought to Doe and vsually 
Did in o r Native Country," etc. 

t Witness to the presentment, Robt. Hebberd. 

§Witness to the presentment, Tho. Bishop. 



1674] RECORDS AND FILES 379 

to have their ferriage free during his life, upon condition that 
he make and maintain said way. 

Samuell Bennett, presented for being overcome with drink 
in the town of Lynn sometime in November, 1673, was fined.* 

Richard Adams was released from common training, paying 
2s. annually to the use of the company. 

Worshipful Major Wm. Hathorne was appointed for Salem 
and Marblehead, to give oath to whom shall be agreed upon 
from time to time, to be cullers of fish for either town according 
to law. 

There being a complaint against Edw. Feaveryeare for abusing, 
Wm. Lake, constable, when he demanded a rate of him, he was 
fined and ordered to pay 2s. to the constable.! 



♦Samuell Mower! testified that at the latter end of November, 
1673, he saw Mr. Samll. Bennitt with another on the road near 
John Moors at Lynn, "& m r Bennitt fell clowne, & the other man 
called me to help him vp and I went, & asked y e other man w* 
m r Bennit Ailed & hee Laughed, but sd nothing but we helped 
him vp: & I Led him a Litle waye vp the hill, & he could not 
speake, or did not speak rationally e, but Faultered: & when 
I Let him goe hee fell down turning round hee had a very high 
couler I judged hee had drunk too much." Sworn in court. 

Jacob Knight, aged about twenty-nine years, deposed that he 
saw Mr. Bennit come along the street and fall down, and Good- 
man Stocker helped him up, etc. Sworn in court. 

Samuell Bennit was presented as "liveing in Bostone." Sarah, 
wife of Jacob Knight, was also a witness. 

f Warrant, dated July 21, 1674, for the apprehension of Edward 
February, signed by Daniel Denison. 

William Lake's complaint: "I being at m r Browns shop & 
collecting the Ministers Rate did demand y e ministers rate of 
y e sd February which I had done several times before & to y* 
end had been with his wife before he came home he replyed I 
might straine using many aprobious vilifying speeches calling 
mee pimp & y* I should pay my Debts, and after many reviling 
insulting Speeches he stroke me violently upon the breast & 
graspt me both skin & flesh & made my flesh sore & it was with 
such violence y* if I had not had hold of the staple of y e Door 
he had beat me in to the shop upon my back, as I stood upon 
the threshold of y e Door, and saide he would trample [me] under 
his feet, notwithstanding I gaue him no provocation either in 
words or deed, but in the moderate discharge of my office and 
behaved my selfe peacably towards him." 

t Autograph. 



380 SALEM QUARTERLY COURT [July 

There being a petition presented by John Cogswell concerning 
a difference between him and Mr. John Gifford, in relation to 
his proceeding in marriage with Mrs. Margaret, daughter of 
Mr. Gifford, court seriously considering the case, declared that 
they could see no reason why the said John and Margaret should 
be hindered or delayed in marriage.* 

*John Cogswell's petition, dated July 21, 1674, that the per- 
sons concerned, Mr. and Mrs. Gifford of Lynn and Mistress 
Margaret Gifford, might appear before the court for a hearing. 

Mrs. Margarett Giffard affirmed that John Cogswell made a 
solemn promise to marry her daughter while Mr. Gifford was in 
England. 

Special warrant, dated July 22, 1674, for the appearance of 
Mr. John Gifford, wife and daughter Margarett, "forthwith at 
the sight heareof," at 2 o'clock in the afternoon, to answer the 
complaint of John Cogswell, signed by Hilliard Veren,f by special 
order of the court. 

Brief notes of Mr. Coggeswells & Mrs. Margarett Gifford's 
case, Mr. Gifford himself being at London: "About the middle 
of february last was 12 monthes hauing bene at m r Giffords howse 
2 or 3 times before, John Coggswell desired her that hee might 
haue liberty to speake with her: She Answered that she could 
not except it was her mothers mind or will. This was in the 
after noone that day. Next morning he Came againe. he 
asked M ri8 Gifford her leaue that hee might speake with Mar- 
garett, her Answere was he might: & then shee went vp into 
the Chamber, & left them both below together & they were to- 
gether aloane an houre or more. The next time which was 
within one weeke or fortnight after he went againe, & M rU Gifford 
& her Daughter were then about going to Boston next morning, 
& M rs Gifford did inuite him to stay all night. She said he 
should be welcome, but she had noe intertainment for his horse, 
soe he went away & Came againe next morning & he desired to 
Carry M ris Margaret: she said she should be willing of it, but 
onely for the discourse of people & she said if the said Coggswell 
would Carry her selfe shee should be thankfull, & soe he carryed 
her, as farr as cap 1 Marshalles : & then he asked her that he might 
Carry Margaret & she gaue him leaue. soe as they went m rU 
Gifford haueing occation to speake with a man shee met upon 
the roade, & young Coggswell & Margarett offered to stay for 
her, m ri8 Gifford bid them goe on; she would follow them, & 
they tarried upon the roade almost an houre for her. 

"The next time (as they remember) John Coggswell Came to 
the house & m ri8 Gifford was at Boston, or not at home, & the 

t Autograph. 



1674] RECORDS AND FILES 381 

said Coggswell went home before M ri8 Gifford returned, & in 
the meane time Margarett tould her mother John had bene 
there: The said John Coggswell Came time after time, till about 
the middle of the summer, & then she hauing some intelligence 
from Chebacco (as he supposeth) m ns Gifford betweene John 
Coggswell & her selfe gaue her Consent that hee should haue her 
daughter, but desired that they would not be married till M r 
Gifford Came home, if he did Come in some short time. In the 
meane time she haueing her mothers consent to proceed: the 
yonge folks did ingage themselues by promise to each other to 
adioyne together in marriage & this was three or foure monthes 
before any deny all. In the begining of January she gaue him 
a denyall, which was almost one yeare after his former incourag- 
ment was began. She saith after John Coggswell had bene at 
m r Giffords twice, some of their neighbors tould her that John 
Coggswell came to be a suter to her & shee tould her mother of 
it, & she said shee heard soe too. And about 3 or 4 dayes after 
he Came to the howse, & she looking out of dores, she tould her 
mother m r Cogswell was Comeing againe, & she said she did 
beleiue it was as they had heard. Soe he came in at dores & 
sat downe a while, & asked which was the way to Reading, & 
m ris Margaret tould him hee Could not miss the way, but he semed 
much, that he desired that shee would shew him the way. But 
she was pritty unwilling, But m ris Gifford seemed as if she should 
goe & shew him the way. 

"So Margaret standing upon the threshold, John Coggswell 
desired to speake a word or two with her at a neighbors howse: 
She Answered, tould him it did not ley in her power, vnlesse it 
was with her mothers will, soe John went away & left her. Soe 
Margaret went to the dore & tould her mother that she vnder- 
stoode what his business was, but she would not giue him liberty 
to speake with her without her leaue, for she had left it wholly 
to her. And her mother asked her if he was gone. And m ris 
Gifford said she did beleeue he would Come againe the next day 
& I said Margaret I beleeue soe too. Soe accordingly he came 
the next day & Asked her Consent, which she granted, soe shee 
went up the stayers, & left them alone below about an houre 
or more. And after he was gone Margaret tould her mother 
what had past betweene them, And her mother said, she had 
nothing against him. She did not know what might bee, she 
liked him very well. Some times John Coggswell Came when 
my mother was not at home, but allwaies Margaret tould her 
mother what past betweene them, & when hee Came when m ns 
Gifford was at home, she allwaise made him welcome. Aboute 
the latter end of August 73, there grew some difference betweene 
the said John & Margarett & one of their neighbors tould her 
mother of it. And her mother Asked Margaret, if it was soe. 
& she tould her yea, & she asked her what was the reason for it, 



382 SALEM QUARTERLY COURT [July 

Capt. Tho. Marshall testified that in discourse with Mr. John 
Gifford this morning concerning the marriage, he said that if it 
was his daughter's mind to go, he would not hinder her, and 
further said Gifford told deponent and Mr. Purchass the day 
before that he would leave it to authority. Sworn in court. 

John Floyd testified that the last winter Mrs. Gifford came 
to his house, and upon asking her about the marriage, she said 
she should not trouble about it until her husband came home 
and did not show any unwillingness. Sworn in court. 

Mr. John Cogswell affirmed that while Mr. Gifford was in 
England and Mrs. Gifford had the disposal of her daughter, they 
agreed to the marriage, and Margaret owned in court that there 
was a solemn promise, which she should ever stand to, with said 
Cogswell. 

John Clifford, constable of Salem, was allowed 5s. for whipping 
and branding Hanna Huchens. 

Whereas the last Ipswich court granted an order for remanding 
the estate of Thomas James, deceased, out of the hands of Jere- 
miah Meacham, former administrator, and now finding that 
they were falsely informed, said Meacham desiring to be released, 
and understanding that the son of said James, deceased, and 
rightful heir is alive and will be of age within a year, it was or- 
dered that the estate remain in said Meacham's hands, there 
being no one legally impowered to call him to account or give 
him a discharge.* 

saying she did beleeue it was because you haue heard your father 
was Coming ouer with good estate, & that neighbours would be 
apt to think soe too, & she was apt to thinke soe herselfe, shee 
said she was sorry for it, & wisht Margaret had bene wiser, you 
might haue kept him in hand till your father Came home, & let 
him haue broke it if margaret had bene soe minded. And after- 
ward the yonge folke were reconciled againe themselues. And 
soe haue Continewed to this day." 

inventory of the estate of Thomas James, taken, Apr. 3, 1667, 
by Nathaniel Feltonf and Michael (his mark) Shaflin: a chayne, 
6s.; plowsheare & bolt, 6s. 6d.; payre of boxes, 8s. 6d.; old 
payre of cast boxes, 4s. 6d. ; set of hoopes, 6s. 8d.; total, Hi. 
10s. 2d. 

Petition of Jeremy Meacham of Salem: that about eight years 
since he was appointed administrator of the estate of said James, 

fAutograph. 



1674] RECORDS AND FILES 383 

Whereas there was an execution levied upon the person of 
Joseph Armitage to the value of 221i. 4s., and his person being 
committed to prison, for satisfaction, to Mr. John Ruck, it being 
the remainder of a judgment of 5 Hi. 12s. 6d., court ordered that 
said Ruck have said Armitage as a servant for seven years, next 
ensuing, or he was to abide in prison, provided said Ruck pay 
for his maintenance there according to law. 

There being an order of the last court for laying out the high- 
way by Mr. King's farm between Lin and Marblehead, the re- 
turn was allowed and filed.* 

Also the return made by Mr. Hen. Bartholmew of the highway 
in Beverly town, by Robert Hebert's and Thomas Chub's land, 
was allowed and confirmed.! 

and had been to considerable expense to preserve it, and a com- 
plaint having been entered at the last Ipswich court, charging 
him with waste, which charges were proved false, he asked to 
be continued as administrator. 

*Henry BartholmewJ and Edm. Batter, J 6 : 10 : 1673, deter- 
mined "1. That the upward way which Runneth thro the 
woods knowne by the Name of the new way from Darnells house 
|| to Lyne || shalbe the setled Country highway, 2 that from 
Darnells house to the corner of Edward Richards fence next to 
Lyne Towne the way shalbe foure Roads broad, & from thence 
to the Towne three Roads broad." 

"And wee say further: as to M r Ralphe Kinge chardges layd 
layd out About the form r highway wh. Runs neare the saide 
Kinge land and what else he disbursed in the pursuance of a 
setlm* of the way The towne of Lyne shall alow the said Kinge 
ten pounds in some good pay to his satisfacon puided if any 
diference about the pay & they cannot agree; then those apoynted 
for the setlm* of their diferences or the maj r part of them shall 
end it for them, and the said Ralph Kinge shall enjoy haue and 
possese the highway formerly layd out by his land to him and 
his heirs foreuer Free from all Title or clayme from the Towne 
of Lyne or any other whatsoever." 

fHenry BartholmewJ and Tho. Fiske,t 3:2: 1674, "deter- 
mined the line eastward to run from the Corner of Chubbs fence 
to a bound tree beetweene Marke Hascall and osmund Traske 
and from that tree to a stake on this side the smithes shopp as 
the fence now runneth and from the sd stake uppon a straite line 
to the fence at the foote of the hill belowe the pounde and in 
bredth to be foure Rodd wide from the foote of the hill vnto 
the afore sd bounde tree betweene Traske and Hascall and from 

t Autograph. 



384 SALEM QUARTERLY COURT [July 

Allowed to the servants of Mr. Gardner's house, for both sessions, 
10s., to Mr. Gedney's servants, 4s., to Mr. Brownie's maid, 2s. 

the sd tree the bredth of the way to be vnto a stake over against 
it on the west side and from that stake to the Corner of Chubbs 
fence to be the west line." 

Writ: Dudley Bradstreet of Andover v. Edward Richardson, 
jr., the boatman; for not delivering goods received on board the 
bark Adventure, according to receipt dated Nov. 21, 1673, and 
carried on freight to be delivered at the house of John Griffin 
at Bradford; dated Apr. 14, 1674; signed by Dudly Bradstreet,* 
for the court; and served by John Baily,* constable of Newbury. 
Bond of Edward Richardson.* Wit: Wm. Chandler* and John 
Bartlett, jr.* 

Writ: John Wells of Newbery v. Samuel Shepherd; debt 
to be paid in wheat, rye, work or Indian corn; dated June 23, 
1674; signed by Nath. Saltonstall,* for the court; and served 
by Robert Ayers,* constable of Haverhill, by attachment of 
house and land of defendant. 

Writ: Capt. William Gerrish v. the Town of Newbury; debt 
of 201i. which was disbursed for the town's use; dated June 21, 
1674; signed by Anthony Somerby,* for the court; and served 
by Henery Skeny,* marshal of Salem, by attachment of New- 
bury common land between Anto. Morss, jr. and Henry Jacquish, 
which runs up to Capt. Wm. Gerrish's pasture. 

Copy of discharge, dated Apr. 29, 1660, given by Samuell 
(his mark) Benit of Rumney Marsh, yeoman, to Mr. Henry 
Web of Boston, merchant, for all debts transacted in relation 
to the Iron works. Wit: Edward Hutchinson, William Osborne 
and Joseph Rock. Sworn by Edw. Hutchinson, July 21, 1674, 
in court at Salem. 

Thomas Laughton,* clerk, certified that at a town meeting in 
Linn, June 11, 1674, William Merream and Nathanyell Ballard 
were chosen constables. At the same meeting William Crofts,* 
constable, returned the names of Mr. Edward Needam, Mr. 
Henare Roids, Mr. John Hathorn and Mr. Danyell King, for the 
jury of trials. 

Zacheus Curtis'* charges in 1674 for John Godfrey, 2 days 
work about getting him out of prison at midsummer court the 
last year, etc. 

John Johnson agreed, Apr. 16, 1674, not to prosecute the action 
against Thomas Remington concerning the gate at ox-pasture, 
provided said Remington signed a bill for the payment of the 
debt and lOli. in good neat cattle, also 31i. 5s. court charges. 
Wit: John Pickard* and Daniel Wickam. Sworn, 2 :5 : 1674, 
in Salem court. 

* Autograph. 



1674] records and files 385 

Court held at Ipswich, Sept. 29, 1674. 

Judges: Mr. Symonds, Dep. Govr., Major Genrll. Denison 
and Major Wm. Hathorne. 

Grand jury: Mr. Jonathan Wade, Mr. Fra. Wainwright, John 
Burnan, John Denison, Tho. Clarke, Caleb Moody, Ens. Steph. 
Greenleafe, Nathaniell Clarke, James Bayley, Ezekiell Jewet, 
Wm. Foster, John Redington, Steeven Johnson and Samuel Gage. 

Jury of trials: Left. Sam. Appleton, Daniell Warner, John 
Addams, Henry Bennet, Samuell Bishop, John Bartlett, Thomas 
Hale, Hugh Marsh, Ezek. Northend, Thomas Tenny, John 
Pearson and Ephra. Dorman. 

Jafery Curier of the Isles of Shoals, upon an attachment dated 
June 27, 1674, and signed by Peeter Twisden, returned to Ipswich 
court by Gregory Williams, constable, came before Mr. Samuell 
Symonds, Dep. Gov. and Major Genrll. Denison, on Aug. 29, 
1674, and acknowledged judgment to Mr. Francis Wainwright. 

Will of Robert Haselltine of Bradford, dated Oct. 25, 1673, 
and proved by Mr. Shuball Walker and David Haseltine. He 
appointed his wife Anna Haseltine and son David Haseltine execu- 
trix & executor, mentions grandchild Anna Kimball, daughter of 
Caleb Kimball, Mr. Zachry Simms, minister of Bradford, sons 
David, Abraham, Robert and Gershom Haseltine, and daughters 
Anna, Mercie and Deliverance. Wit: Shuball Walker. [Origi- 
nal on file in Registry of Probate.] 

Inventory of the estate of Robert Haseltine of Bradford, who 
deceased Aug. 27, 1674, appraised, Sept. 19, 1674, by William 
White and Shuball Walker, amounting to 4881i. 8s. [Original 
on file in the Registry of Probate.] 

Administration upon the estate of Isaack Browne of Newbury 
was granted on May 21, 1674, to Rebecka Browne, his widow, 
who was to bring in an inventory to the next Ipswich court. 

Inventory of the estate of Isaake Browne of Newbury, taken 
June 8, 1674, by William Titcomb and John Emery, jr., amount- 
ing to 3691L 8s. Agreement as to the division of the estate 
among his son Thomas and the daughters, with petition of the 
widow Rebecka Browne for the appointment of her brother 
Francis Browne and her uncle John Emery as overseers. [Origi- 
nal on file in the Registry of Probate.] 

John Lovejoy, Henry Ingalls and John Barker took the free- 
man's oath. 



386 IPSWICH QUARTERLY COURT [Sept. 

Frances Wainwright v. Thomas Sevy. For refusing to deliver 
him possession of a dwelling house. Verdict for plaintiff. 

Capt. Gerish, Rich. Dole and John Knight, sr., in behalf of the 
town of Newbury v. Mr. Richard Dumer. Withdrawn. 

John Elithorp v. John Dodge. Debt. Withdrawn.* 

The selectmen of Lin, in behalf of the town v. John Ottaway 
and Joseph Edmonds. Review. Verdict for plaintiff.f 

*Benjamin Pickworth deposed that he being in company with 
John Ellithorp at John Dodge's mill, said Dodge desired Ellithorp 
to shingle the foreside of his house and the porch. After some 
discussion they agreed that Ellithorp should find shingles and lay 
them, and that Dodge should provide nails, etc. Sworn in court. 

fWrit, dated Sept. 16, 1674, signed by John Fuller,! for the 
court, and served by John Ballard, J deputy for Nathaniel Ballard, | 
constable of Lin. 

Summons to John Ottaway dated Sept. 16, 1674, signed by 
John Fuller,! for the court. 

Samuell Benett, sr.,! of Rumley Marsh certified, 20 : 1 : 1673-4, 
that he sold to John Otaway only two ten acre lots. Wit: Rich. 
Walker! and Thomas Marshall. f Sworn in court. 

Copy of papers in a similar action tried in Salem court, June 
24, 1673, made by Hilliard Veren,! cleric. 

Bill of cost of the selectmen of Lynn, 41i. lis. 8d. 

Wm. Hathorne, sr.,! deposed that all the land in controversy 
lay within Lynn many rods, much of it being within what were 
sometimes Mr. Whiting's and Mr. Cobbett's farms, also that 
Capt. Marshall and Thomas Newhall were lately appointed 
selectmen of Lynn, etc. 

Letter of attorney, dated 25 : 7 : 1674, given by Thomas 
Laughton,! in behalf of the selectmen of Lynn, to Capt. Thomas 
Marshall and Thomas Newhall. Wit: John Hathorne! and 
Robert (his mark) Burges. 

Joseph Armitag, aged sixty-seven years, deposed that about 
the year 1640 there were but two ten acre lots laid out in that 
part of the common, and he bought them, one of Michaell Spencer 
and the other of Gerratt Spencer, and sold them several years 
ago to Samuell Benitt, sr., and gave him possession. Further, 
that the rest of the land in controversy was common, and that 
there were about seven or eight great oaks fallen upon this part 
of the land about a quarter of a mile from these two lots, which 
Joseph Edmonds owned he felled by Attaway's order. About 
thirty years ago, deponent was fined for trespassing upon this 
land by cutting timber, and that this land was a quarter of a 
mile within Lynn bounds. Sworn in court. 

X Autograph. 



1674] RECORDS AND FILES 387 

Bozoon Allen v. Mrs. Jennet Whipple, widow. Verdict for 
defendant. Appealed to the next Court of Assistants at Salem. 
Bozoone Allen, Abraham Jewett and Philip Fowler bound.* 

Copy of a record of a Lynn town meeting held, 4:6: 1674, 
made by Thomas Laughton,f cleric: "It was voted & Agreed 
y* the selectmen haue full power given them to psecute in a 
course of law against John Otaway & Samuell Bennett or any 
pson or psons yt haue laid claime or shall lay claime to any pt 
of the Townes comon & make use of the same as their owne pro- 
priety by cutting off wood or timber or any other way under any 
ptence and the selectmen haue power to psecute against any 
such to effect in a course of law." 

Richard Walker, aged sixty-three years, deposed that he 
helped lay out the two ten-acre lots, and that they were near the 
dividing line between Boston and Lynn. Sworn in court. 

Capt. Thomas Marshall, aged about fifty-eight years, deposed 
that he had known the land to be town common for thirty-six 
years. Sworn in court. 

Copy of an agreement concerning the bounds of Boston, Charls- 
Towne and Lynn, taken from the town book of Lynn, 26 : 4 : 
1674, by Thomas Laughton,f cleric: "Wee whose names are 
vnderwritten beinge appoynted by y e court to settle the bounds 
between Boston & Lynn haue agreed to runn a more norwest 
line into the countrey from a Tree marked standinge closse to 
Brides Brooke neere to the foote path to bee runn by a meridian 
compasse the propriety of any lands laid out to the Inhabitants 
of Lynn beinge not disturbed Anno 1639 subscribed by Abraham 
Palmer Timothy Tomlins John Oliver." 

Copy from the town book of Lynn, given in under Elisha 
Huchinson's hand, made by Thomas Laughton,f cleric: "Beinge 
desired by the Selectmen of Lynn to runn a Line w ch is betweene 
boston Land or rather m r Samuell Bennetts Land & Land be- 
longinge to Lynn I did runn a line nor norwest by a mirridian 
compasse or a Needle touched with his noe variation alowed: 
from the middle of Brides Brooke vntill wee cum to Readinge 
Line as wee suppossed & neere the Scotch house att A cracht 
black Oake with a heape of stones aboute it wee fell aboute foure 
rods & a halfe to the westwards towards Boston Land and in 
the Line wee runn wee marked severall trees and laid heapes of 
stones and in the line over against Richard Georges house we 
fell aboute as much from a former marke which was a heape of 
stones as wee did att y* Scotch House this Line was runn 22 th 
of Aprill 1671 accordinge to my best art and skill p Elishah Huchin- 
son." 

*Writ: Bozoune Allen v. Jennet Whiple, relict and executrix 

t Autograph. 



388 IPSWICH QUARTERLY COURT [Sept. 

of the will of Thomas Dickerson of Rowley, and one of his heirs 
for after giving plaintiff possession of that part of the farm called 
Musseyes farm with the dwelling house and other houses and 
land, which was answerable to a judgment of the County court 
sitting in Boston in April last granted to him for 2731L 4d. by 
virtue of an execution, thereupon the said Jennet Whipple on 
such pretence got in a wily way into his possession and de- 
taining it by force until by warrant from the honored Deputy 
Governor Samuell Simons Esq., dated Aug. 15, when by virtue 
thereof he was again legally instated into his possession, and 
since on her pretence that she was in suit for her title procured a 
warrant from the said Deputy Governor to undo what he had 
done, has again the estate in her possession, etc.; dated Aug. 19, 
1674; signed by Jonath. Negus,* for the court; and served by 
Robert Lord,* marshal of Ipswich. Bond of Gennit (her mark) 
Whiple, John Pickard,* Jonath. Platts *and Nehemiah Jewett.* 

Mrs. Gennet Whipple's bill of cost, 21i. 6s. 

Bill of cost of Bozoun Alen, Richard Waitt and Return Wait. 

Copy of execution, dated Boston, June 4, 1674, against Jere- 
miah Jewet, son and heir, and Phillip Nelson, executor of the 
will of Joseph Jewet of Rowley, deceased, to satisfy judgment 
granted Bozoon Allen of Boston, tanner, attorney to Edward 
Rawson, the only surviving overseer of the will of the late Bozoon 
Allen of Boston, upon the forfeiture of a bond at a county court 
at Boston, Apr. 28, 1674, signed by Isa. Addington,* for the 
court, and served by Return Wayte, deputy for Richard W^ayte, 
marshal of Suffolk, who returned that he gave possession of the 
houses and lands of Jeremiah Jewitt of Ipswich to Bozoon Allen 
by turf and twig. Copy made by Isa. Addington,* cleric. 

Copy of the record of a county court held at Boston, Apr. 28, 
1674, made by Isa. Addington,* cleric, in an action of Allen v. 
Jewitt and Nelson, for not paying plaintiff his proportion due 
him by virtue of his late father's will, and also the will of his 
late mother Anne Allen, etc., with verdict for plaintiff. Court, 
on request of the defendant, chancered the bond to 2701i. with 
respect to Bozoon's portion, and declared that the bond stands 
good to secure Mr. Rawson from the demands of the other of 
Mr. Allen's children. 

Copy of bond, dated May 10, 1653, given by Joseph Jewet of 
Rowley to Edward Rawson and Jeremiah Houchin both of Bos- 
ton, merchants. Wit: Thomas Broughton, Thomas Buttolph 
and Tho. Roberts. Acknowledged, 1:8: 1653, before William 
Hibbens and recorded, Feb. 3, 1653, by Edw. Rawson, recorder. 
Copy made by Isa. Addington,* cleric. 

Copy of the affirmation of Robert Lord, marshal, concerning 
serving the attachment, made by Isa. Addington,* cleric. 

Copy of the will of Thomas Dickanson of Rowley, dated Mar. 8, 

* Autograph, 



1674] RECORDS AND FILES 389 

1661-2, and proved Apr. 17, 1662, in Ipswich court by Samuell 
Brocklebank and John Trumble, the witnesses: "Imprimis my 
will is that my well beloved wife, Jennet Dickinson shall be my 
sole executrix for to pay all my debts and to pay my children 
those portions that I by will doe give unto them, and also to 
demand and recover all debts that are or ma} r be due vnto me 
by bills bonds or otherwise, and to doe any thing belonging to 
such an executrix Item I will and give vnto this my beloved 
wife, halfe of my dwelling house, halfe of my barne halfe of my 
orchard and halfe of my swamp below my orchard and all my 
land above the barne about twelve acres, be it more or lesse and 
three acres of meadow one acre of it in Batchelder meadow & 
two || acres || in the North east field as also one acre more of 
marsh in the marsh field bounded by Deacon Jewets marsh on 
the west, and by marsh of John Pickards on the north, and also 
I doe give vnto her two gates on the Towne common all this 
I doe give hir dureing her naturall life Item I will and give 
vnto my son James Dickinson, the other halfe of my houseing 
barne orchard & swamp below the orchard, and all other my 
lands, meadows, and commons, that belong unto me, within 
the Towne of Rowley (excepting my village land, and two acres 
of meadow in the great meadow be it more or lesse) 

"Item I Give vnto my son James Dickinson foure score acres 
of land more or lesse being my devission of land in that land 
commonly called merimack land butting against merimack River 
with the preveledges belonging unto the sayd fourscore acres of 
land, and likewise I doe give vnto my son James my houseing, 
barne, orchard, and swamp & lands above the barne and meadow 
and commons, that I have given vnto my well beloved wife for 
her naturall life, to be his unto his proper use & behoofe after 
his mothers decease, Item I doe further give vnto my son James 
my cart & plow & furniture belonging therto, also I give vnto 
him my loomes and furniture belonging thereto Item out of 
the rest of my estate that is in my villiage land & two acres of 
meadow in the great meadow that was before excepted and in 
my stock moveables, bills bonds or any other estate that is or 
may be due vnto me out of the remaining part of my estate I 
will & give vnto my foure daughters each of them one hundred 
pounds, and my will is that that fiftie pound that I have given 
vnto my daughter Sarah allredy shall be accounted as part of 
that which I now give, and if any of my children dye before 
they attaine to the age of twenty-one yeares or day of mariage 
then there portions to be devided equally among the rest, and if 
my son James depart this life haveing noe child then the one 
halfe of those lands I give him to returne to be equally devided 
among the rest of my daughters or there heires the other halfe 
I give vnto his wife, if then liveing to be for use dureing her 
naturall life and then to returne after her decease to be equally 
devided among my other daughters or there children if there be 



390 IPSWICH QUARTERLY COURT [Sept. 

any then liveing. Item I will and give (the three hundred & 
fiftye pounds being payd out of this estate that I heere apoynt 
for the payment of my daughters portions) all the remaineing 
part of that estate vnto my well beloved wife to be vnto her owne 
proper use, and to dispose of as shee shall thinke meete and my 
will is that my wife shall have her liberty to chuse which halfe of 
my dwelling house she will for to live in dureing her life And 
I apoynt John Pickard & Samuell Brocklebanke to be overseers." 
Copy made, June 30, 1674, by Robert Lord,* cleric. 

Copy of the inventory of the estate of Thomas Dickanson, 
taken Apr. 15, 1662, by Maxemilian Jewett, John Pickard and 
Samuell Brocklebanke, and allowed Apr. 17, 1662, upon oath of 
Jennet Dickanson: apparell and bookes and one cloath cloke, 
21i.; one stuff cloake, lli. 5s.; one wastcoat, one dublit, one pr. 
breeches, lli. Is.; one hatt & paire of drawers, 12s.; one paire 
of bootes, 18s.; one bed, with the furniture, 91i. 10s., one bed 
more with the furniture, 81i. 10s.; one trundle bed with the 
furniture, 41i. 10s.; more bed linen, sheets & pillow beers, 31i. 
6s. ; in Table linen & a box, 21i. ; one bed more with the furniture, 
21i. 15s.; pewter, lli. 18s.; brase kettells & skilletts, 21i. 13s. 
4d.; Iron potts, skillet & brase pot, lli. 5s.; woodden vessells 
as pailes & trayes and other milke vessells & earthen vessels, 
lli. 5s.; beere vessells, 10s.; tongs, tramells & other utinsells, 
12s.; one warmeing pan & frying pan, 5s.; one loome with the 
furniture, lli.; two chests & one child's blankett, Hi.; one new 
webb of cotten cloth, 121i. 10s.; sheepe woole & cotten woole, 
llli.; webb of woolen cloth, 41i.; one peece of course cloth, 15s.; 
armes for the furniture of one man, Hi.; malt, wheat, rye & 
Indian corne, 51i. ; baggs, 21i. ; backon, lli.; one meal tubb, 
hogshed, sive, with all other old tubbs, 10s.; wheeles & cards, 
5s.; chaires, cushens & tables, lli. 10s.; one dwelling house, 
barne, orchard, and land below & above the street, 801i.; land 
at the north syde of prospect Hill, twelve acres, 701i. ; six acres of 
earable land at the new plaine, 151L; 3 acres of upland at the 
farm, 51i.; meadow fresh & salt 16 acres, 601L; land at Merri- 
macke, 241i.; land at the villiage and two acres of meadow in 
the great meadow, 801i.; Gates, seaven & a halfe, llli.; seaven 
cowes & heifers, 291i. 10s.; foure oxen, 251i.; 4 two yeare old 
cattell, 121L; three calves, 51i.; one horse & mare & yearling 
foale, 321L; eleven swine, 81i.; cart plows, yoaks, chaines & 
furniture belonging to the cart & plows, 61i. 10s.; sithes, sickles, 
forkes, axes, beetle rings, saws & other such like things, lli. 17s.; 
saddle, pillion, cartrope, bridle, panell, 21i.; flax, 10s.; bees, 
Hi.; due to deceased by bills and bonds, 2711i. 6s.; total, 8161i. 
2s. 4d. Debts to be paid, 71i. 10s. 

John Pickard, guardian of Nehemiah Jewett, accepted for 
him, the dwelling house in Rowley, formerly Mr. Belingham's, 

* Autograph. 



1674] RECORDS AND FILES 391 

with outhouses and orchards, five acres of rough marsh in the 
common field, ten acres of salt marsh, five acres of upland ad- 
joining, four cow gates, four acres of marsh bought of Marke 
Quilter in Ipswich common field, seven acres in west meadow 
formerly Goodman Gage's and Goodman Kingsberry's and the 
rest of the upland lying between Willson hill and Egypt river, 
being the remainder of that land that Maximilian Jewett had 
for the two young children Joseph and Faith, the ten acres of 
salt marsh lying west of Mr. Nelson's fourteen acres, in the 
marsh farm. 

Maximilian Jewett, being left overseer of the two youngest 
children, Joseph and Faith of the the late Joseph Jewett, accepted 
for them, the house upon the field that was formerly Goodman 
Gage's and Goodman Shatswell's, with the barn and land, also 
that piece of land lying between the house and Egypt river, with 
sixteen acres of land within the common fence bought of Good- 
man Lord and Goodman Kingsbury, also the farm that was 
John Bradstreet's containing four score acres of upland and 
meadow bounded southeast by Muddy river, also six acres of 
meadow bought of Humphrey Griffen and three acres bought of 
John Pinder, four acres of salt meadow bought of Marke Quilter, 
six acres in the west meadow formerly Goodman Gage's, with as 
much upland as comes to 641i. 10s., lying between Willson hill 
and Egypt river. 

Jeremiah Jewett accepted the farm that was formerly Muzzyes 
with all the land on this side Egypt river and all the meadow on 
the other side, "the upland that lyes betweene this meadow as 
it is taken in with the common fence, and bounded on the south 
west syde, to run a fence from the place, where one may goe over 
with a cart, right up the hill the nearest way to the comon fence." 

Philip Nellson of Rowley accepted the farm that was Goodman 
Kingsbury's, containing 400 acres of upland, 20 acres of meadow, 
also 280 acres of upland adjoining. 

John Carlton, guardian to Patience Jewett, accepted the farm 
that is let to Goodman Gage, also the house that is in the town 
of Haverill, with orchard and all the upland and meadow that is 
in the bounds of Haverill. 

The five foregoing papers were copied from the second book of 
records of lands for Essex, by Robert Lord,* recorder, and Maxi- 
milian Jewett, Jerimiah Jewett, Phillip Nelson and John Pickard, 
John Carleton being absent upon a voyage, acknowledged the 
writings, Apr. 2, 1664, before Daniell Denison. 

Copy of the will of Joseph Jewett, dated Feb. 15, 1660, and 
proved by the witnesses, Ezekiell Northend and Marke Prime, 
Mar. 26, 1661, in Ipswich court: "After my debts be payd I 
desire the rest of my goods may be equallye devided amongst 
my seaven children as well as those two that I have by last wife 

* Autograph. 



392 IPSWICH QUARTERLY COURT [Sept. 

as the five I had before, allwayes provided that my eldest sonn 
Jerimiah Jewett must have a dubble portion of all estate I have, 
both in new England and old, whether psonall or reall, further 
pvided y* one hundred pound I have allredy payd to my son 
Phillip Nellson, that shall be counted as part of what I doe now 
giue him Item I doe give vnto my sonn Jerimiah Jewett the 
farme I bought of Joseph Muzzy I meane all such lands bought 
of him, or any other, that are on the norwest syde of the River 
called Egipt Riuer with all the meadow I bought of Nathaniell 
Stow & Robert Lord senior, pvided he acsept of it at five hundred 
pounds, and wheras in the forth line it is sayd I desire the estate 
of my goods to be equally devided amongst my seaven children 
I meane lands as well as goods, and if any of these my abouesayd 
seven children should depart this life before the age of twenty 
one yeares or day of mariage, then their portions shall be equally 
devided amongst the rest allwayes provided my eldest sonn 
Jerimiah shall have a dubble portion and as for my two youngest 
children & there portions I leave to the disposeing of my Brother 
Maxemilian Jewett and who he shall apoynt when he departeth 
this life, and I make executors of this my last will & testament 
my Brother Maximillian Jewett and my sonn Phillip Nellson 
my sonn John Carlton and my sonn Jerimiah Jewett, allwayes 
free & willing that they shall be satisfied out of my estate for all 
such paines & labour that they shall be att concerneing the above 
p r mises." 

Jeremiah Jewett,* of Ipswich, on May 5, 1674, certified that 
whereas he made a sale of land to his father-in-law Thomas 
Dickenson of Rowley, deceased, by deed dated Feb. 13, 1661, 
and not receiving much in his life time, but since being forced by 
necessity for the discharge of his father's debts and children's 
portions of Capt. Bozoone Allin to whom he was engaged as 
executor as they came to be due, he had received of his mother- 
in-law Mrs. Gennett Whipple, relict of the said Dickenson and 
his executrix, considerable sums of current pay. This satisfied 
him for the land, except 501i. for which he now received a bond. 
Wit: John Pickardf and Nehemiah Jewett.f 

Deed, dated Feb. 13, 1661, given by Jeremiah Jewett* of Ips- 
wich to Thomas Dickinson of Rowley, for 5001i., his whole farm 
in Ipswich, containing about 100 acres, with the house, barn, 
stables, outhouses, fences, wood, swamp, waters and commons, 
bounded on the northeasterly by land sometimes in the possession 
of Thomas Hamand of Watertowne and by land of Twiford West, 
on the southwest by the highway between Ipswich and Rowley, 
on the northwest by land of John Pickard of Rowley, on the 
east by the fence of Ipswich common field and on the southeast 
by land now in possession of Maxemilion Jewett. Wit: Maxe- 
milion (his mark) Jewett and Georg (his mark) Kilborn. Ac- 

* Autograph and seal. t Autograph. 



1674] RECORDS AND FILES 393 

knowledged, Feb. 20, 1661, before Daniel Denison,* and recorded 
in folio 51 among the records of Ipswich court, by Robert Lord,* 
recorder. 

Twiford West* and John Jewitt* deposed that they were re- 
quested by Abraham Jewett and John Ase to appraise the herbage, 
the mowing grass, with the fruits of the orchard which were 
upon the farm that was taken by Bozoun Allen of Boston by 
execution served on July 29, 1674. The grass they appraised at 
71i. 10s., the pasturage for three months at 31i., the use of the 
house and barn and the fruits of the orchard at 211. 5s., from that 
time until Mihilmas next. Sworn in court. 

Ezekiell Northend deposed that he was present at the division 
of lands of Joseph Jewett among his children, and that Jeremiah 
refused to accept the Muzzy farm at 5001i. until they made an 
addition to it. Sworn in court. 

Maxemillion Jewet, aged about sixty-eight years, Jno. Pickard, 
aged about fifty-two years, and Ezekiel Northen deposed as to 
the division of the land, etc. Sworn, June 29, 1674, before Daniel 
Denison.* 

Philip Nellson, aged about forty years, deposed. Sworn in 
court. 

Jonathan Platts, aged about forty years, Nehemiah Jewet, 
aged about thirty years, and Ezekiel Northend deposed that on 
June 10, 1674, Leut. Richard Way, Marshal Wait and Bozoon 
Allen of Boston "came into the dwelling house where Jeremiah 
Jewett's family live, & asked of his wife where Jer. Jewet her 
husband was, she answered, not at home; Then was puld out 
an execution against Phillip Nelson & Jeremiah Jewet, which 
they sayd they had to levy upon his estate & asked If any ap- 
peared as Jer. Jewet: John Pickard answered, I am present to 
present you w th his estate to answer the judgment, & to sattisfie 
the execution, & then the officer who Read the execution said to 
Jer. Jewetts wife, show me an estate to Leavie this execution on, 
she said there is Cattle (which as she spoke past by before the 
door in their vew) which my husband hath provided for that 
end: Then sayd Leut. Way we se Cattl, sheep, & horses, but we 
know not whose they be Jn° pickard & Sarah Jewet Answered, 
they are provided for the end forementioned, & severall others 
sayd the same. Therfor take your due & other words to that 
effect: Leut. Way sayd they would not medle w th any catle, 
but required the officer to levie upon the House & Land: Mrs. 
Whipple being present told them the House & Land was hers, 
but Leut Way sayd I take noe notice of that" So they levied on 
the farm and John Pickard and Sarah had the neat cattle ap- 
praised, with two horses, two mares and one colt at 30011. lis. 8d. 
Sworn, June 29, 1674, before Daniel Denison.* 

Jno. Pickard, aged about fifty-three years, deposed that Jere- 

* Autograph. 



394 IPSWICH QUARTERLY COURT [Sept. 

miah Jewet desired him in the latter end of the last winter when 
he was going to Boston to speak to Bozoone Allen about the 
portion which would ere long be due and to request him not to be 
troublesome to them as Mr. Rawson had threatened but take 
his portion as Josiah Hubert and the rest had done according to 
articles. Deponent did so, and said Bozoone seemed to be very 
fair and said he would make no trouble, this being about a week 
before he was of age. Then Jeremiah Jewet came to deponent's 
house and told him that he was afraid some persons would stir up 
Mr. Rawson and Bozoone, and therefore asked deponent to assist 
him in the payment if they made a sudden demand and he told 
him that he had forty neat cattle, thirty sheep and twenty swine, 
which he would send in a quarter of an hour. Sworn in court. 

Abraham Jewit and John Acie deposed. Sworn in court. 

Abraham Jewett deposed. Sworn in court. 

John Juett, aged about thirty-seven years, deposed that he 
heard Jno. Pickard say that Thomas Dickinson wished to have 
a deed of the farm for fear that creditors should seize upon it 
for debt. Sworn in court. 

Richard Wait, marshal, aged about seventy-four years, de- 
posed. Sworn, June 26, 1674, before Edward Tyng,* assistant. 

Tho. Lovell* and John Acie,* on 11:4: 1674, appraised the 
housing and lands taken by execution from Jeremiah Jewett of 
Ipswich and Mr. Nelson of Rowley: housing and apple trees, 
301L; pasture land on the northwest side the river, 31i. 10s. per 
acre; plow lands at 41i. per acre, marsh at 41i. 13s. 4d. per acre, 
vacant land at Hi. per acre, heifer from Mr. Nelsons, Hi. 

Nehemiah Jewett, aged about thirty-one yers, and Jonathan 
Platts deposed that they had money ready to loan Jeremiah 
when needed, etc. Sworn in court. 

John Jewit deposed. Sworn, June 27, 1674, before Daniel 
Denison.* 

Jno. Pickard and Nehemiah Jewett deposed. Sworn in court. 

Ezekiel Rogers and Nehemiah Jewit, both of Ipswich, deposed 
concerning serving the execution. Sworn, Apr. 25, 1674, before 
Daniel Denison. Copy made by Isa. Addington,* cleric. 

Copy of articles of agreement, dated Apr. 30, 1653, between 
Joseph Jewett of Rowley, merchant, and Ann, late wife to Capt. 
Bozoon Allen, deceased, Edward Rawson and Jeremiah Houchin 
of Boston, gentlemen; Joseph Jewett, in consideration of a 
marriage shortly to be solemnized between him and Ann, widow 
of said Allen, and with receipt of her thirds and 6001i., the chil- 
drens' portions, agreed in case of his death to leave the 600H. to 
his wife, and also agreed that his wife might dispose of lOOli. during 
her life to her children by said Allen; that the eldest son should 
be brought up to learning, kept at a good school, found in diet, 
apparel, and books until he should be fitted for the University, 

* Autograph. 



1674] RECORDS AND FILES 395 

Mr. Francis Wainwright v. Roger Grant. Debt. Verdict 
for plaintiff. To be paid in codfish at 2 rialls per quintal. 

Mr. Wm. Hubbard and Mr. Daniell Epps, attorneys to Mr. 
John Cut v. Abraham Perkins. Review of an action tried at the 
last Salem court. Nonsuited. 

Abraham Perkins v. Mr. John Cut. For disposing of 8,9001i. 
of sugar. Withdrawn. 

Ossmand Dutch v. Samuell Bishop. Debt. Nonsuited. 

Margarett Bishop v. Nicholas Maning, Nathaniell Putman 
and Ens. Thomas Fiske. Forfeiture of a bond of recognizance 

and to be there maintained; that the other children should be 
brought up to learning and be supported until the age of twenty- 
one or marriage; that said Anne might give away to any of her 
children, a feather bed, bolster and pillow, with a bedstead, 
covering, pair of blankets, pair of fine sheets, five pillowbeers, 
curtains and wrought vallance, livery cupboard and cupboard 
cloth of needle work suitable for the vallance, two wrought cush- 
ions, two tables, one chair, two wrought stools, two trunks, two 
chests, two cases with glasses, one silver tankard, one silver 
bowl, six silver spoons, two gold rings, one silver dram cup, with 
the childbed linen in the trunk; that Joseph agreed to pay to 
Priscilla, the eldest daughter of said Anne 201i. over and above 
her portion; also that the mares which Captain Allen left, men- 
tioned in the inventory, be allowed to run with their increase as 
the profit of that part of the double portion of John Allen until 
he came of age, and that said Joseph pay to John, Priscilla, Ann, 
Deborah, Isaac and Bozoon Allen the portions their father left 
them in corn or cattle, when they become of age or are married, 
etc. Wit: Thomas Broughton, Thomas Buttolph and Tho. 
Roberts. Acknowledged, 1:8: 1653, before William Hibbins. 
Recorded, Feb. 3, 1653, by Edward Rawson, recorder. Copy 
made by Isa. Addington,* cleric. 

Copy of execution, dated Boston, June 4, 1674, against Jeremiah 
Jewet and Philip Nelson, to satisfy judgment granted Bozoon 
Allen of Boston, tanner, attorney to Edward Rawson, for 1500H. 
for the forfeiture of a bond, at the county court at Boston, Apr. 28, 
1674, signed by Isa. Addington,* cleric, and served by Return 
Wayte, deputy for Rich. Wayte, marshal, who returned that 
Jennit Whippell, widow, would not give possession. Copy made 
by Isa Addington,* cleric. 

Copy of Thomas Lovell's and John Acie's appraisal: housing 
and apple trees, 301i.; 15 acres, 27 rods of marsh, 701i. 15s. 6d.; 
12 acres of plow Land, 481i.; 38 acres 1-2 & 12 rods of pasture 
land, 1341i. 3d.; hay, Hi.; total, 2831i. 15s. 9d. 

* Autograph. 



396 IPSWICH QUARTERLY COURT [Sept. 

for not prosecuting an appeal. Verdict for plaintiff. Court 
moderated the bond of 201i. to 20 marks.* 

Nathaniell Putman, in behalf of the owners of the Iron works 
at Rowly Village v. Ens. John Gould, Thomas Baker and Nath- 
aniell Lenard. Trespass. Verdict for plaintiff. Appealed to 
the next Court of Assistants. Said Gould and Baker bound 
with John Baker and Joseph Saffourd, as sureties.f 

*Writ, dated Sept. 21, 1674, signed by Robert Lord,! for the 
court, and served by Henery Skerry,:): marshal of Salem, deputy 
for Robert Lord,! marshal of Ipswich. 

fEvan Moris, aged about sixty-six years, deposed that he 
was at the works the evening before they were burned, and 
when Nathanell Lenard left work, deponent never saw so much 
care taken to put out the fire as was that night, "thou I had 
ben a retayner to the workes 3 months bed and bord." Sworn in 
court. 

Elizabeth Blichman and Jeremiah Hoode deposed that Nath- 
aniel Lenord came into their house one Lord's day at night after 
said Elizabeth's master Gould was in bed and did aske my master 
and if hee should blow and worke at y e worke my master made 
him this anser that hee Could not giue him power to worke with- 
out his Brother Thomas Baker was there or his Brother Androus 
and desiered y e s d Nathaniel Lenord to goe to one of them or 
both before hee blowed: and my master told him what they 
did Consent to hee would: but he would doe nothing by way of 
incoriging him without them." Sworn in court. 

Simon Bradstreet,J Daniel DenisonJ and John PutnamJ certi- 
fied that "Whereas we haue on the behalf e of the owners of the 
iron works this 6 th of April 1674 reentred upon the iron works 
giueing libertie to m rs Leonard for a weeke or fortnight to remoue 
her goods out of the house and haue since that made an agree- 
ment w th Sam 11 Leonard by Nath 11 Leonard to worke at the 
iron works for the making of iron wee doe heereby empower 
Ensigne John Gould or Thomas Baker |] Tho. Andrewes or either 
of them j| (that in case the s d Samuel & Nathaniel shal not 
w^in this fortnight putt the works into repaire according to 
agreement made w th them) to putt the s d m rs Leonard out of 
possession out of the said house & to remoue her goods, and in 
case the s d Samuel & Nathaniel doe performe as aforesd then 
they the s d m r Baker & M r Gould to take possession of one of 
the lower rooms in the dwelling house for the entertainment of 
another workman And doe further empower them to make 
prouision of wood coale & myne for the carrying on of the worke 
& supply of the workmen for that end. we doe also empower 

X Autograph 



1674] RECORDS AND FILES 397 

Mrs. Jennet Whipple, widow and executrix, and one of the 
heirs of the estate of Thomas Dickanson, deceased v. Richard 
Waite and Returne Waite. Verdict for plaintiff. Appealed to 
the next Court of Assistants. Richard and Returne Waite were 
bound, with Thomas Marshall and Henry Skerry, as sureties.* 

Daniell Wicom v. John Johnson. For illegally seizing a gate 
and a half in the east end ox-pasture. Verdict for defendant-! 

Ens. John Gould v. Nath. Lenord. 

John Hathorne v. Mr. John Gifford. Debt. For which he 
charged a bill upon Mr. John Paine of Boston who refused to 

them to receiue all the iron that shall be made & therew th to pay 
all workmen & to returne the remainder to the several owners." 

*Writ, dated Sept. 22, 1674, for turning her out in the extremity 
of weather, signed by Shu. Walker, J for the court, and served by 
Nicho. Paige,| constable of Boston. Bond of Rich. Wayte,! 
Returne Waite! Willm. Hudson! and Jno. Williams.! 

Sarah Gile, aged sixteen years, deposed that she lived in the 
house in controvers}^ when Return Wait came in to serve the 
execution and required Mrs. Whipple to go out for the house 
was Bozoon Allen's. She refused, and he took hold of her to 
put her out and asked Marshal Skirrey to assist him, which he 
did. They pulled her along, she taking hold of things to stay 
herself, and being too strong for her, forced her out of doors, 
it being rainy and nearly night. Sworn in court. 

Mrs. Gennett Whipple's bill of cost, 21i. 3s. 8d. 

Letter of attorney, dated Sept. 25, 1674, given by Rich. Wayte§ 
of Boston to Left. Richard Way of Boston. Wit: Ephraim 
Turner! and Jno. Williams.! Acknowledged, Sept. 25, 1674, 
before Edward Tyng,! assistant. 

Jno. Pickard, aged fifty-three years, deposed that after the 
execution was served he found Mrs. Gennet Whipple standing in 
the rain out of doors, her head covered with her apron, and re- 
questing shelter of Returne Wait and Marshal Skerry who stood 
under a pentice or house-side. She was forced to seek the 
neighbors' houses for relief. Nehemiah Jewet testified that he 
was also present. Sworn in court. 

fThomas Teny deposed that being overseer of a parcel of 
fence belonging to the ox pasture at Rowley, finding the part 
of it defective that belonged to the gate and a half in controversy, 
he told Thomas R