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 Remington and he said he would repair it, which
he did. Sworn in court.
Copy of deposition of Daniell Wicum and John Acie, con-
cerning the execution, taken from Salem court files of 2 : 5 : 1674,
by Hilliard Veren,! cleric.
% Autograph. § Autograph and seal.
398 IPSWICH QUARTERLY COURT [Sept.
pay. Verdict for plaintiff. Mrs. Margaret Giffard, attorney to
Mr. John Gifford, appealed to the next Court of Assistants, and
was bound with Symon Tuttle and Joseph Lee as sureties.*
Samuell Mighill and Elizabeth, his wife v. Susan Tappan and
Jacob Tappan, executors of the estate of Abraham Tappan.
Debt. For a legacy given by their father. Verdict for defendant.
Appealed to the next Court of Assistants. Samuell Mighill
bound, with John Acie and Abraham Jewet as sureties.f
* Writ, dated Lynn, Sept. 17, 1674, signed by John Fuller, J
for the court, and served by Nathaniell Ballord,| constable of
Lyn, by attachment of the dwelling house of Mr. John Jeffard
and' upon the land adjoining, which Mrs. Gifford owned, and
which he said was in partnership between Mr. Fogg and them-
S GlVCS.
Letter of attorney, dated Nov. 4, 1674, given by John GiffardJ
to his wife Mrs. Margaret Gifford. Wit: Christopher Temple.t
"M r Gifford m r Zach: Philips hath oft been ernest with me
to search my Books for nine pound ten shillings y* you past a
note on me to pay m r Jn° Hathorne of Lin but I cannot finde:
you stand charged therewith y or Freind Jn° Paine. August 3 d
1674."
Thomas Marshall, aged about fifty-eight years, deposed that
he knew Mr. John Gifford's hand very well and when Hathorne
and Jefferd were at his house debating about the note, etc. Sworn,
Sept. 30, 1674, before Daniel Denison.J
Zakariah Phillips deposed that he went with John Hathorne
of Lynn the past summer to Mr. Jeffard in Mr. Fogg's warehouse,
and Jeffard refused to pay, etc. Sworn, 26 : 3 : 1674, before
Tho. Lake, J commissioner.
fWrit, dated Sept. 21, 1674, signed by Robert Lord,| for the
court, and served by John Bayley,t constable of Newbury.
Samuell Mighell's bill of cost, 21i. 7s.
Abraham Toppan, sr.,J of Newbury certified, Dec. 9, 1670, that
he had received of his son Jacob Toppan a young cow and four
sheep which his son Samuell had had, amounting to 51i. 10s.,
and was in part of legacy due from his son Jacob to be paid before
or after said Abraham's decease.
Henry SewallJ of Newberry, aged sixty years, deposed that
his brother Abram Toppan, sr., delivered him a writing cer-
tifying that he had paid the cattle to his son-in-law Samuell
Mihell, and asked deponent to keep the paper. Sworn in court.
Jacob Toppin's bill of cost, Hi. 6s. 6d.
John Atkinsont of Newbury certified, Sept. 29, 1674; that
he had paid to Samuell Miall's wife 12s. about a year since for
t Autograph.
1674] RECORDS AND FILES 399
Thomas Judkin had his license renewed for a year, also his
license to draw liquors.
Wm. Linkhorne acknowledged judgment to Mr. Francis Wain-
wright.
John Clarke of Great Island acknowledged judgment to Mr.
Francis Wainwright.
Samuell Stickney having married the widow of Benjamin
Gage, and court having ordered that when she married there
should be security given for the payment of 201i. in goods to
John Gage, son of said Benjamin Gage when he comes to age,
said Stickney bound over a quarter of his farm lying in Bradford
containing two-hundred acres.
Mr. Ezekiel Rogers dying intestate, court granted administra-
tion upon the estate to Margret Rogers, the widow, and there
was an inventory brought in.
Thomas Meere dying intestate, administration upon the estate
was granted to his brother John Meere, deceased, who was ordered
to bring in an inventory to the next Salem court. Mr. Thomas
Gardner and John Clifford bound for said John Meere.
John Attkinson, presented for striking one Akers, was fined.*
Jacob Tapin, which was a part of the legacy, etc. Sworn before
Daniel Denison.f
Henery Sewell, aged about sixty years, deposed that Samuell
Miell came to his house and said that he desired to build a barn
but could not unless he sold some of his land which he did not
wish to do. He asked deponent if he could not influence his
father-in-law to give him a part of the legacy which he had heard
he had left in his will, which he did and Toppan granted his
desire. Sworn in court.
Ezekiell Northend deposed that he heard Jacob Tappin refuse
to give Samuell Mighell his legacy. Sworn in court.
Susanna Toppan of Newbury, aged about sixty-six years,
deposed that she saw her husband Abraham, now deceased,
deliver the cow to Samuel Mighell, etc. Sworn, 29 : 7 : 1674
before Wm. Hathorne,f assistant.
Copy of will and inventory of Abraham Toppan made by
Robert Lord,f cleric.
*Juda March deposed that Henery Ackers and John Adcasun
were at their house about two months ago, when Ackers abused
Adcasun with reviling words and abused his wife also, upon
which Adcasun struck him a blow or two with his hand. Sworn
in court.
t Autograph.
400 IPSWICH QUARTERLY COURT [Sept.
Hugh Marsh and his wife were acquitted of their presentment.
Court understanding that Abraham Whitehaire, deceased,
left his will in writing but named no executor, administration
upon said estate was granted to Edward Whithaire, his son,
who was ordered to bring in an inventory.
Tom Indian, complained of by , for striking and abusing
her and endangering her life and that of her daughter, was fined
51i., and if it were not paid within a week, he was to be sold to
pay it. Major Hathorne was to see it executed.
Capt. Richard More was licensed to keep an ordinary and to
sell beer and cider, but not wine or liquors, for a year.
Quartermaster Perkins had his license renewed for a }'ear, also
his license for liquors.
John Sparke had his license renewed for a year.
The complaint against Thomas Tewksbery, lacking legal
testimony, was dismissed.*
*"Much Honed Salisbury pt. y e 22, 1674
"S r These Lins ar (being sencibl som blame Justly be
charged for psuming to give you the trouble of this busnes) to
excus it : the cheef cause was that his casse referring to the breach
of Law in living from his wif: was with you alredy: & he dwell
in your county & himself & neibours much desiring he might
therfor com befor yo r self rather then y e court: & on the other
sid considering if you saw not Reson to Isu it you coold soon
bind him either to your court or ours I hoped it might be excusible
"I haue hear inclosed his bond of appearanc Georg Marten
& J Jemsons complaint & their declarasion which consists of Fower
pticlers — The first the s d Tusbury do not seem to owne before
me: the 2 d he owned and sayd it was to see his Low condision
by it as an adision to all his other aflictions: the 3 d he owned
& sayd it was accasioned by words of Richard martns spoke
first to y 1 purpos The 4 th he also owned but sayd it was to com
about som lawfull bisnes then in hand about the land y 3 s d Thomas
Tuksbury all These wear owned by him before me
"I haue sent all the evidences that I haue taken in the Case
which will expect pay som whear and also the constibl for serv-
ing them & the complainer which I pray remember to order if
the case be ended with you: not farther troubling you at psent
take Leave to subscribe my self
"Yo r worships most humb servant
"Robt Pike.f
Summons, dated Sept. 13, 1674, to Richard Marten and Mary
his wife, to answer complaints against the said Mary for sus-
t Autograph.
1674] RECORDS AND FILES 401
picious carriages with Thomas Tuexbery, tending to evil con-
sequences if not prevented, at the house of Robt. Pike, signed
by Robt. Pike*, for the court.
Bond for appearance at Major Denison's court at Ipswich
of Thomas Tuexbury, with John Bayly and Joseph Bayly, his
son, as sureties, upon complaint of Georg Mart 
