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

RECORDS AND FILES 



OF THE 



QUARTERLY COURTS 



OF 



ESSEX COUNTY 



MASSACHUSETTS 



VOLUME VII 
1678-1680 



SALEM, MASS. 
PUBLISHED BY THE ESSEX INSTITUTE 

1919 



THOS. P. NICHOLS & SON CO. 

Printers 

Lynn, Massachusetts 



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

Court held at Salem, June 25, 1678. 

Judges: The Worshipfull Samll. Symonds, Esqr., Dep. 
Govr., Maj. Genii. Daniell Denison and Maj. Wm. Hathorne. 

Jury of trials: Corporall John Putnam, Mr. Timothy 
Lindall, Mr. John Ruck, Mr. Daniel Epps, Mr. Thomas Gard- 
ner, Ma[na]sses Maston, Edward Grove, Eleazer Giles, Richard 
Hutten, Nathaniell Stone, Sergt. Wm. Basset, John Peerson, 
William Seargeant, Mr. Samll. Gardner, jr., and Capt. Jona- 
than Poole in Mr. Endecot's action. 



From the files of the Salem Commissioners' court, 5 : 12 : 1677, at Salem: 

John Glover was fined for excess in drinking and for lying in saying that 
Wilham Dounton was maintained by the town to he and that he had SOs 
per year and was ordered to acknowledge that he spoke slanderously and 
falsely. Summons for his appearance, 4 : 12 : 1677 was signed by Bartho. 
Gedney * commissioner. Will. Dounton, aged about forty-seven years, testi- 
fied that he being at Mr. Abraham Cole's house saw Glover drunk there and 
in the evening without any provocation began to speak about the rates, say- 
ing that they were made to maintain him. Sworn in court. Abra m.Cole, 
aged about forty years, testified that Glover intended to go to work m the 
morning, but went to the ordinary and came back disordered with drmk. 

Briant Daw, for being drunk and owning it, and upon testimony of Natha. 
Beadle, constable, that he saw the head of a man lying upon the snow, whom 
afterward Mr. Gardner told him was his man Briant, was fined. Warrant, 
dated 4 • 12 : 1677, to constable Nathaniell Beadle for apprehension of 
Brian Daw Mr. Samuell Gardner's Irishman, and to Lt. Thomas Gardner 
and EUzabeth, daughter of Mr. SamuU. Gardner, as witnesses, signed by 
Bartho. Gedney,* commissioner. j r j , 

Hana, wife of John Mason, was fined or to be whipped for drunkenness, 
and abusing by words and offering to strike Hen. West, a tithmgman. 
Richard West deposed that he heard an outcry at Mason s house, the 
Rogue will Kill me," and going in found it was John Meckene who was much 
in drink Peeter Joy was there and Goody Mason, all drunk, and Joy, after 
the uproar, owned that he struck Mekene twice. Henry West testified that 
Mr. Samuell Gardner came along looking for his man and they went in 
together, whereupon Goody Mason tried to strike him with an andiron, call- 
ing " thou West, thou Harry, thou Deuill," several times Someone took the 
andiron away from her and then she took up a chair. She was very nauch 
in drink, not being able to stand upon her legs, but fell down. Mackene 
and one Humphry Wilhams were also observed to be much in drink. Urged 
by Mr Gardner to do his duty as tithingman, deponent requested assistance 
of Joy, as he appeared to be the soberest, but he refused. Sworn m court. 
Constable Samuell Beadle, Jon. Cook and Walter Skiner deposed that they 
saw John Makene drunk that day. Goody Mason s bill of cost. John Bly 
mentioned. 

* Autograph. 

(1) 



2 SALEM QUARTERLY COURT [June 

Hugh Joanes, agent or attorney to the proprietors of the 
North field in Salem v. John Pudney. Appeal from the judg- 
ment of the Worshipful! Maj. Wm. Hathorne, Esq. Verdict 
for plaintiff, the reversion of the former judgment.* 

*Writ: Hugh Jones, agent or attorney in behalf of the 
proprietors of the North field; for not making up his part of 
the general fence; dated 10 : 2 : 1678; signed by Hiliard 
Veren, for the court; and served by Wm. Curtis, constable 
of Salem. Copy made by Wm. Hathorne, f assistant. 

At a general meeting of the proprietors of the North field 
belonging to Salem, the following orders were voted on Mar. 1, 
1677-8: "Inprimis, that y^ generall fences belonging to each 
proprietor shal be suficiently made upp by y« 20*^ day of this 
instant month upon y" penaltie of 12s. p diem for all such as 
shall be defective in this order. Item. That all those y* 
shall be defective & absent from y" publick of ye aforesd 
proprietors & doe not apeare at ye place apointed at 10 of ye 
clock in y« morneing at m^ Geedneys house being ye place 
apointed for this yeare shall pay eightene pence for ye use 
of ye sd company. Item. That Hugh Jones is hereby apointed 
& Impowered to aske, demand, sue for Levy & recouer all ye 
fines & penalties for breach of any of y'^ orders, made for y** 
yeare ensueing & make returne therof to ye proprietors at 
their next meeting. Nath. Felton, clericus." Copy made 
by Wm. Hathorne. t 

Hugh Jones' bill of cost, 12s. 

Nathaniell Felton, clericus, certified that John Putney's 
five poles of fence belonging to his ten acres of land laid 
out by the committee appointed for regulating the general 
fences of the North fields, were laid out three poles below the 
pound & two poles above the pound. Copy made by Wm. 
Hathorne, t assistant. 

Peeter Joy, for refusing to assist Hen. West, tythingman, for drinking, and 
striking Mackene, was fined, which Mr. Hasket was to pay. 

Humfry WiUiams, for excess in drink, was fined. 

Writ: Robert Cannon v. John Hunniwell. Unjust molestation. For ar- 
resting or attaching his necessary bedding and clothes under pretence of law, 
for security of a debt due; dated 26 : 11 : 1677; signed by Hilhard Veren,t 
for the court; and served by Henry Skerry,! marshal of Salem. , , , , 

Hugh Glanfeild, presenting an acknowledgment for wickedly and taisely 
slandering Mrs. Elizabeth Hamons, was ordered to make this acknowledg- 
ment after lecture on the next lecture day at Marblehead in the audiencj? of 
the people or to be whipped ten stripes at Salem the next lecture day. 
Ehzabeth Hamans petitioned to the commissioners that she "hath beene a 
long time in Captivitie and hath lost a considerable estate by yj Indians, 
And in vour petitioners absence and captivity . . . was much wronged 
by one Hugh Glanfeild, in seuerall untruths by him reported against her, 
wch Did hinder your petitioner from ye charitable beneuolence of many 
Christian people." 

t Autograph. 



1678] RECORDS AND FILES 3 

Jeremiah Neale and Edward Flint, attorney of Jonathan 
Hart V. Richard Rowland. Appeal from the commissioners' 
court of Salem. Verdict for plaintiff, the reversion of the 
former judgment.* 

"Att a generall meeting of y^ proprietors of ye North feild, 
March 1, 1677-8, belonging to Salem, M"" Samuell Gardner 
sen"" & Leut. Neale were chosen Surveyers of ye Generall 
fences of ye sd field this insueing yeare." Nathaniell Felton, 
clericus. Copy made by Wm. Hathorne,t assistant. 

Copy of the judgment of Wm. Hathorne,t 15 : 2 : 1678, in 
this action, in which Hugh Jones appealed, with Samuell 
Gardner, sr. and Jeremiah Nell as sureties. 

At a general meeting of the proprietors of the North field, 
on 1:1: 1677-8, it was voted "That Samuell Gardner, sen: 
& Bartholmew Geedney, Leut. Jeremiah Neale, Wm. Traske, 
Isaak Cooke & Nathaniell Felton are chosen a comitee for ye 
regulating of y^ Gen^^ fences belonging to ye North feild (viz) 
to lay out 5 poole of fenc to euery ten acres of Land, wher- 
soeuer they doe find any land w*** in ye sd feild, whereunto 
there is no fence belonging, they are impowerd to dispose of 
y® sd land relating to fences for ye benefit of ye sd feild & what 
else they shall see needfuU for ye well regulating of ye sd feild, 
Aprill 13, 1678." Nathaniell Felton, clericus. Copy made 
by Wm. Hathorne,t assistant. 

Bill of cost of John Putney, 2s. 6d. 

Reasons of appeal of Hugh (his mark) Jones. 

John Pudny'sf answer to Hugh Jones' reasons of appeal. 

Samuell Gardner, sr.,t and Jeremiah Nealef certified. Mar. 
29, 1678, that they were appointed a committee by the pro- 
prietors of the North field to survey the general fences and 
they found those of the following defective: John Felton, 
Joseph Boyss, Jonathan Neale, John Massey, Thomas Goth- 
what, Jo. King, Job Swinerton, John Putney, Josiah South- 
wick, Jo. Trask, Goodwife Berrey and Thomas Robins. Sworn 
15 : 2 : 1678, before Wm. Hathorne,t assistant. 

Samuell Gardner, sr. and Jeremiah Neale testified. Sworn 
15 : 2 : 1678, before Wm. Hathorne,t assistant. 

*Copy of writ: Jonathan Hart of Salem, in behalf of him- 
self and sisters, Elizabeth, Sarah, Deborah and Florence, only 
children and heirs of John Hart and Florence, his wife, for- 
merly of Marblehead v. Richard Rowland; for possessing and 
making use of a certain parcel of land which said Hart died 
possessed of and which was part of the interest he purchased 
in Mr. Humphries farm, about four or five acres; dated Mar. 
18, 1677-8; signed by Hilliard Veren,t for the court; and 

t Autograph. 



4 SALEM QUARTERLY COURT [June 

served by Henry Skerry, marshal of Salem. Copy made by 
Hilliard Veren,* cleric. 

Copy of judgment of the Salem Commissioner's Court, for 
defendant. Plaintiffs appealed, and were bound, with John 
Cromwell and Thomas Flint, jr., as sureties. Copy made by 
Hilliard Veren,* cleric. 

James Denis and Nathaniell Walton testified that being 
impowered by Marblehead to examine all persons belonging 
to the town, as to their right to keep cattle on the farm and 
common, upon examination of Richard Rowland, sr., he 
owned that he had the third part of John Hart's land in his 
possession, which Hart had purchased of Capt. Wm. Hath- 
orne, formerly Mr. Humphryes, as appeared by record in the 
town book. Sworn, Mar. 18, 1678, before Moses Maverick, 
commissioner. Copy made by Hilliard Veren,* cleric. 

Richard Norman, aged about fifty years, and James Dennis, 
aged about thirty-five years, deposed. Sworn, 2:2: 1678, in 
Court of Commissioners. Copy made by Hilliard Veren,* 
cleric. 

Jonathan Hart's bill of cost, 21i. 2s. lid. 

Richard Rowland's bill of cost, 9s. 

Copy of Salem county court records, 26 : 4 : 1656, relating 
to the estate of John Hart, with inventory. 

Reasons of appeal of Edward Flint* and Jeremiah Neale,* 
agents for Jonathan Hart, received 18 : 4 : 1678, by Hilliard 
Veren,* cleric. 

Richard Rouland's* answer to the reasons of appeal: that 
the land belongs to Capt. Gorg Corwin; that the title was 
tried at the General Court and confirmed to John Peach, who 
bought of said Corwin, etc. 

Copies of the papers in this action in the Salem Com- 
missioners Court, and Salem county court, 24 : 4 : 1673, made 
by Hilliard Veren,* cleric. 

John Cook and Tho. FKnt testified that being at the house 
of Richard Rowland, sr., the latter denied that he had any of 
Hart's land, but said he bought a cow's lease of Capt. Corwin 
on the commons. 

Moses Maverick testified that Jonathan Hart, now dwelling 
in Salem, was the reputed son of John Hart, deceased. 

Richard Norman, aged about fifty years, deposed that he 
was at the dividing of the farm, known as the Plain farm, etc. 

Jon. Cooke, aged about thirty years, and Jon. Trask, aged 
about thirty-five years, testified that they heard Rowland own 
that he had some of Hart's land and offered forty or fifty 
shillings in silver for it, if they would not trouble him about it. 

Moses Maverick and Thomas Pitman valued land there, 
on Apr. 2, 1678, at 40s. per acre. 

* Autograph. 



1678] RECORDS AND FILES 5 

John Devorix v. Nicholas Merritt, William Charles, James 
Smith, Richard Rowland, John Peach and Joseph Daliver, 
Verdict for defendants.* 

John Trask and John (his mark) Cooke, on Mar. 26, 1678, 
appraised the land in controversy at 41i. 15s. 

Richard Norman, aged about fifty years, deposed. 

Martha Beale, aged about forty years, deposed that Jona- 
than would have sued in his mother's life time, but she would 
not let him. Sworn, 25 : 4 : 1673, in court. 

Letter of attorney, dated Apr. 11, 1673, given by Jonathan 
Hart of Salem, to his brothers-in-law, Edward Flint and 
Jeremiah Neale of Salem. Wit: Mathew Woodwell and 
John Andrewes. Sworn before Wm. Hathorne. 

Mr. George Corwin, Mr. William Browne, Mr. Elzey and 
some others, the latter making no claim, creditors of the 
estate of John Hart, on 19 : 10 : 1656, exchanged with the 
widow for her third part to be taken in movables. Wit: 
Samuell Maverick and Walter Price. Sworn, 24 : 4 : 1673, 
in Salem court. 

*Writ, dated June 18, 1678, for forfeiture of a bond of arbi- 
tration, signed by Hilliard Veren,t for the court, and served 
by William Woods, f constable of Marblehead, by attachment 
of the orchard and barn of John Peach, the orchard of Joseph 
Doliver and the dwelling house of Richard Rowland, leaving 
a general summons at the latter house, with Henry Skerry, f 
marshal, as witness. 

Joseph Emans swore that he heard Marblehead men say 
that the fence that Sam. Picke and Waltar Philips swore was 
insufficient was part of the fence given in in the award. Sworn 
in court. On the reverse of this paper: Jonathan Brigam, 
Samuell Russell. 

Thomas Pitman, sr., now resident in Marbellhed, testified 
that he cut and carried away forty-two cords of wood from 
John Deverix farm, of the fifty which the arbitrators awarded 
to the commoners of Marblehead. Sworn in court. 

Walter Philips and Samuell Picke testified that being desired 
by the parties to see if the fence were sufiicient between Mar- 
blehead land and Mr. Devarix land, they found it in many 
places as good as no fence for a man might drive a cart or ride 
without any trouble, etc. Sworn in court. 

Enoch Larence testified as to the insufficiency of the fence. 
Sworn in court. 

Bond of arbitration, dated Nov. 25, 1670, given by John 
Legg,t John Copp,t Jeffre (his mark) Griffing,J Samll. Leach, f 
Nichlas (his mark) Meritt,| Wm. (his mark) Charles,^ James 
Smith,! John Getol,§ Richard (his mark) Rowland,^ John 

t Autograph. | Seal. § Autograph and seal. 



6 SALEM QUARTERLY COURT [June 

Abraham Perkins v. Theoder Atkinson. Special verdict. 
If a person owing a sum of money and having paid it, there 
being a bill out, and the other person refusing to deliver the 
bill, has a right to sue for it, they found for plaintiff; if not, 
for defendant. Court found for defendant. Appealed to 
the next Court of Assistants. Theoder Atkenson and Thomas 
Savage bound.* 

(his mark) Peach, sr.,t Joseph Dallaber,t and Tho. (his mark) 
Pitman, t for the commoners of Marblehead, on one part and 
John Deverix, yeoman, of Marblehead, on the other part, 
Mr. Edmond Batter and Mr. William Flynt being arbitrators 
for the commoners, and the Worshipfull Mr. Wm. Hawthorne 
and Mr. Will. Browne, sr., for Mr. Deverix. 

Award of the arbitrators Wm. Hathorne,§ William Browne, § 
Edm. Batter,§ and William Flint :§ "the stone wall betweene 
Jno. Deverex his farme & the Comons belonging to Marble- 
head" should be maintained equally by each party. "As in 
Reference to the way into the Neck of Marblehead the gats 
& barrs of Jno. Deverexe are to stand unlesse Marblehead doe 
make another fence to make a lane on the other side as Jno 
Deverexe hath done one the one side or if marblhead men & 
Jno Deverexe do agree to make a fence in some Conuient 
place in the Neck, Jno Deverexe to make his equall pporcon. 
Jno Deverexe shall giue leaue to the Commoners of Marble- 
heade to Cutt & cary away fiuety Cords of wood to take it as 
it riseth from of his farme next to the new bridge: without 
his fence for firinge & this to be a full end dated 24-10-1670." 
Sworn in court. 

*Writ, dated Mar. 30, 1678, signed by Robert Lord,§ for 
the court, and served by Robert Lord,§ marshal of Ipswich. 
Bond of Samuell Graves§ and Theoder Atkinson. § 

Abraham Perkins' bill of cost, 21i. 19s. 6d. 

Theodor Atkinson§ certified, 25:7:1670, that "Nicholas 
Lissen hath given a bill under his hand for about fifteen 
thousand foot of boards more or less unto my son Theodor 
Atkinson, I haveing since made up an account with him & 
taken another bill under his hand for ye full ballance of my 
debt the full meaning of this noate is to save the said Nicholas 
Lissen harmless from the same as witnes my hand, and withall 
I have ordred the said Nicholas Lissen to pay him any thing 
if he demand it." Wit: John Robinson§ and John Saunders.§ 
Acknowledged, June 3, 1678, before John Gillman,§ commis- 
sioner. 

Nicholas Lesson, aged about sixty years, deposed that 
about seven years ago Mr. Atkinson came to him at Exeter 

t Autograph and seal. t Seal. § Autograph. 



1678] RECORDS AND FILES 7 

Mr. William Browne, sr., executor of the will of Samuell 
Smith V. Capt. Tho. Fiske. Verdict for plaintiff.* 

about the bill deponent owed him and he denied that he gave 
his son power of attorney. Deponent gave him a bill for 
what was due. Sworn, June 3, 1678, before Samuell Dalton,t 
commissioner. 

Alexander Gordin, aged about forty years, deposed that 
he was present when the accounting was made. Sworn, 
June 3, 1678, before Samuell Dalton,t commissioner. Copy 
made by Samuell Dalton.f 

Edward Gove, aged thirty-eight years, deposed that in 
discourse with Theoder Adkinson, sr., of Bostown, concern- 
ing boards paid by Abram Perkins of Ipsweg, he said that 
he once gave his son power to receive boards for him but 
afterwards he sent to Major Pike power to revoke it. Sworn, 
June 19, 1678, before Samll. Dalton,t commissioner. 

John Stanyan, aged thirty-six years, testified that he met 
Mr. Theoder Atkinson, sr., at the ordinary at Hampton, who 
demanded of him a debt of 121i. in boards due from Abraham 
Perkins of Ipswich, to be paid by order of Henry Bennitt of 
Ipswich. Deponent said he would go to Exeter and deliver the 
boards, which he did, said Atkinson's son Theoder giving him 
a discharge. Sworn, 18 : 4 : 1678, before Samuell Dalton,t 
commissioner. 

John Foulsham, sr., deposed concerning seeing the letter of 
attorney. Sworn, Apr. 9, 1678, at Salisbury court. Copy 
made by Tho. Bradbury, f recorder. 

Copies of Salem court files, 30 : 9 : 1677, and 26 : 1 : 1678, 
made by Robert Lord,t cleric. 

Edward Mitchellsonn,t aged seventy-five years, certified, 
24 : 4 : 1678, that he saw the letter of attorney which was 
given to gather up Mr. Atkinson's debts at the eastward, etc. 
Sworn before Daniel Gookin, sr.,t assistant. 

*Writ: Mr. William Browne, sr., of Salem, executor of the 
will of Mr. Samuell Smith of Wenham, deceased v. Capt. 
Thomas Fisk; for fencing in about three acres of land lying 
on the east side of the country road and on the south of Wal- 
ter Fayerfield's house which land was part of Jams Smith's 
eighty acres which belonged to said Samuell and his successors, 
bounded by part of the said land on the east side, with one 
acre of the eighty acres on the south that Daniell Killam 
sold to Alixsander Maxey, thereby appropriating it to him- 
self under pretence of a right to it from Daniell Killam, sr., 
of Ipswich, said Killam pretending it to be part of that farm 
which was once Mr. Felmingam's; dated June 17, 1678; 

t Autograph. 



8 SALEM QUARTERLY COURT [JuQC 

signed by Hilliard Veren*, for the court; and served by Sam- 
uell Kiemball,* constable of Wenham. 

William Browne's bill of cost, to summons Mathew Edwards 
at Redden, etc., 21i. 9s. 6d. 

Copy from Salem town book of records, made, June 25, 
1678, by Jno. Higginson, jr.,* recorder: "23. 2™° 1638, Granted 
to Sam" Smith two hundred acres of Land being fiftey more 
added to his former grant, and the former Grant dissanulled." 

'<4th .12 : 1638 Granted to James Smith Eighty acres of 
Land next to M' Fiske and m"" Smith to be layd out by the 
Towne." 

Roberd Colburn, aged about eighty-six years, testified 
that a little while before Mr. Samuell Smith of Wenham died 
"he owned a percell of land to be his land which he proffered 
to me to the quantity of six or ten Acres lyeing at the darke 
ponds: to haue sett an hous upon which land the Contry 
Road goeth through betwen Goodman Gears hows and water 
fayerfield hows and Thomas fisks hows stands upon the land 
that the said Smith proffered me and it was ther aioyning: 
I doe Judg that goodman geres hows standeth upon the land 
which m'' smith proffered me and that m"^ felmingams bounds 
were farther westward then that," Sworn, June 21, 1678, 
before Daniel Denison.* 

Copy of deed, dated 16 : 9 : 1640, given by Samuell Smith 
to John Fairefeild, "a certaine dwelling house & cowhouse, 
scittuat in Salem, a littell off the great pond, late in the poses- 
sion of James Smith, purchased of him by William Fisk & 
sold by the said William Fisk unto Samuell Smith aforesaid, 
together with the app''tenances to the said houses; with 
eighteene Acres of upland, lying from the house nigh east 
downe to the meddowes, & about two pole & an halfe on this 
side, the dwelling house with free egress & regresse to the 
spring and next abutting. And a certaine pcell of meddow 
nigh about 2 acres by computation, abutting upon the fore- 
said upland westward & upon John Whites land eastward, in 
consideration of seauen & twenty pounds ten shillings, in 
hand paid." Wit: John Fisk and Wilham Fiske. Copy 
made by Hilliard Veren,* cleric. 

Lot Killum,* aged about forty years, testified that the 
farm called Mr. Felmingam's farm which "my father bought 
of henery Chickerin was bounded at the esttermost corner, the 
bound standing westward from Thomas Hobs his old hows 
which stood one the west sid of the country Road and soe 
my father did hold it and acounted it, and the land that did 
ly eastward from that was caled by the nam of the long Smiths 
land." Sworn, 24 : 4 : 1678, before Wm. Hathorne,* assistant. 
Alexsander Maxey, aged about forty-five years, testified 

* Autograph. 



1678] RECORDS AND FILES 9 

that the pasture or close fenced in on the east side of the 
country road from Walter Fayerfeld's house and nearly north 
from the acre of land that Daniell Killam sold deponent, was 
fenced in by Capt. Thomas Fisk about eleven or twelve years 
since, all of which time he had improved it for corn and mow- 
ing ground. It comprised three acres. Sworn in court. 

Mathew Edwards, aged about forty-six years, and Walter 
Fayerfield, aged about forty-seven years, deposed that about 
thirty-six or thirty-seven years since they went to Wenham 
to live and lived there about six years upon the land that 
Samuell Aborne testified was Jams Smith's 80 acres. It was 
then known to deponents by the name of Jams Smith's land 
and they understood it was purchased by Mr. Samuell Smith 
in whose possession it then was and had been in the hands of 
his successors ever since, except 10 acres which Jams Smith 
was said to have given to Samll. Aborn and what had been 
lost by encroachments on Samll. Smith's land. Jams Smith's 
land bounded westward upon Mr. Felmingam's land, south- 
ward on Samuell Smith's farm of 200 acres, and northward 
"was alittell Runn soe far as untill it Cam ner to that which 
was caled the new highway and in all which tim the bound 
at the eastermost corner of said felmingams farm which we 
allmost dayly saw was a stak that stood ner south west from 
a slaggy pond caled the dark pond and ner west from thomas 
hobbs his ould hows and from the stak to the Road that was 
east from it: it was about 12 poul and from wher the Road 
now goeth it was about 16 poul and the line did Run ner 
south west from the said stak ouer the hill wher on good man 
Huttens hous standeth and ner to the said hows and that 
the land in contreuercy lyeing on the east sid of the Country 
Road was part of the said Jams Smiths 80 Akors which was 
pirchesed land posessed by said Samuell Smith and his suc- 
sesors." Sworn in court. 

Walter Fayerfield, aged about forty-six years, deposed. 
Samuell Aborne, aged about sixty-eight years, deposed that 
about thirty-seven years since he lived at Wenham on a par- 
cel of land that his father-in-law Jams Smith gave him, which 
was a portion of the four-score acres of land granted him by 
the town of Salem, which 80 acres were bounded upon Mr. 
Samuell Smith's farm on the south and Mr. Felmingam's 
farm on the west. Deponent's land was bounded by a little 
brook that ran down toward the river eastward, and John 
Ston's land lay on the other side of the brook next adjoining, 
"and the land betwen my hows wher I lined and the pastur 
or land now in controversy westward from my hous was my 
said fathers land owned and posesed by him and the said 
land in controversy which thomas fisk told me that he had 
bought (and i understand of daniell Killam) lieing one the 
east sid of the country Road and southward of Walter fayer- 



10 SALEM QUARTERLY COURT [June 

Mr. Zarubabell Endecott, heir and administrator of the 
estate of John Endecot, Esq. v. Frances Nursse. Defendant 
owned that he cut wood upon his land he bought of Mr. Allen, 
which Mr. Endecot laid claim to and that he carried away the 
wood. Verdict for plaintiff. Appealed to the next Court of 
Assistants. Frances Nurse bound with Mr. Richard Calicot 
and Nathaniell Putnam as sureties.* 

fields hows was also part of my said fathers land and part of 
his four score Akers of Land which was giuen him by Salem 
owned and posesed by him and that my said fathers land did 
goe ouer the country hy way that now goeth towards Ipswich 
& farther westward toward the old foot path for many pouls 
acording to my best Remembranc and Judgment before it 
cam to the said felmengams lyne." Sworn in court. 

*Writ: Mr. Zarobable Endicot, administrator of the estate 
of Governor John Endocot, deceased; trespass, for coming 
upon the plaintiff's land, cutting wood, carrying it away and 
laying claim to said land; dated June 18, 1678; signed by 
Hilliard Veren,t for the court; and served by Henry Skerry, f 
deputy marshal of Salem, by attachment of a mare and a 
pair of draft wheels for timber, a good chest and a long joined 
table belonging to defendant. 

Mr. Zerubabol Endecot's bill of cost, 31i. Is. 8d. 

Copy of Salem town records, made June 7, 1678, by John 
Higginson,t recorder to the selectmen: "11 : of the 11""°- 1635 
Granted by the freemen of Salem the day & yeare aboue 
written unto m"" Townsend Bishop of the same his heires and 
assignes for Euer one farme containing three hundred acres, 
butting upon m'' Endicots farme on the east and foure hundred 
pooles in length & six scoare poole in Breadth that is to Say 
six score & foure at the west end and one hundred and sixten 
at the east End, bounded by the water betwene the farme 
of the executors of M^ Skelton and him at the north east 
Corner of his farme, and hath there allowed from m'' Endicots 
farme eight acres for an highway is bounded againe at the 
southwest corner by the brooke, prouided alwayss that in 
Case of Sale the towne of Salem to haue the first profer of that 
before any other. Jno. Endicot, Tho. Gardner, Roger Conant, 
Jeffery Massey, Edmond Batter." 

Wm. Hathorne, sr., testified that some few years smce 
when Capt. Fiske ran the end line it took about fifteen acres 
of land below the swamp "w<=^ land mr Endecott & his mother 
did moue y* they might haue itt by exchange wch m"" Alin 
consented to for so much in an other place & left it to me to 
deluer to them for so much in an other place. M^ Endecott 

t Autograph. 



1678] RECORDS AND FILES 11 

said since he sett upp his fence about y® swamp, y* there was 
about 40 acres of m'' Alius land w*** in that fence." Sworn in 
court. 

Copy of Salem court files of 30 : 4 : 1674, made by Hilliard 
Veren,* cleric. 

Samuell Corning, sr., aged about sixty-two years, testified 
that he was at the laying out of Mr. Townson Beshopp's farm 
about forty-two years ago and it was bounded ''at the north 
east corner vpon m'' skeltones fairme by crane reuer and 
bounded agentt to the honered gouerners m' Eindicut on ye 
east neare vnto epsige hye way that then was and as for ye 
playne that is soposed to be part of the afore say fairme which 
ly at ye west end of ye fairme I doe not remember that euer 
I saw it befoer this last spring I being desiered by m'^ alien 
to giue the best light I could of ye bounes of the afoer sayd 
fairme. I allso being at the measouering and deliuerey of 
the say fairme to franses nurse by m"" alien and I found and 
the rest of the naybors that were thear present that acording 
to the demensones of the say fairm in the towne buke that 
the entrey and the bouns did verey near agree which did mor 
confarme me in my thoughts." Sworn in court. 

John Pickering and John Hathorne testified that on Feb. 4 
"Wee ware then vpon Some Occation Up aboute Salem Farmes; 
and ware then Shewed a maple Tree (as wee & others gudged 
itt) which Tree was Marked as ordinarylye Bound Trees are 
marked amonghts us & to us Seemed to bee an Antient Bound 
itt stood a little to the Northward of a brooke w''^ Runns 
through part of a Farme knowne by the Name of Chickerings 
Farme which beforesaid Marked tree m'' Zerubabell Endicott 
who was then present with vs, did owne before us & severall 
others to bee one of the Corner Bounds of m'' Chickerings 
Farme & this Bound is Accounted the Southwest Bound." 
Sworn in court. 

Nathaniell Putnam, Job Swinerton and Joseph Houlton 
testified that more than twenty years since "william Mapes 
y* formerlye Lined with m"" Townsend Bishop shewed vs some 
bound trees, which he tould us was the bounds of m'' Bishops 
farme as hee being at the Laying it out at the Northest Corner, 
a black oake marked verye neare the water, between the pine 
tree, & the great hollow which tree is Lately felled, & barked, 
yet the marks still remaine, alsoe a bound at the North west 
Corner, being an Aspe marked, & still standing & this said 
Aspe tree wee haue knowne to bee the reputed bound aboute 
two & three & twentye yeares." Sworn in court. 

Israel Porter, aged thirty years, deposed that "M' Endicott 
& his Father being about to sett up a saw mill at crane River, 
his Father desired m'' Endicott to speake with Nathaniell 

* Autograph. 



12 SALEM QUARTERLY COURT [June 

Putnam to give them liberty to drown his land by makeing 
use of the saw mill, after some time, M'' Endecott tould his 
Father he had beene with Nathaniell Putnam, and he had 
given them leave to drowne his land, also this deponent was 
with m"' Endicott to speake with Nathaniell Putnam about 
the same thing and this was as I understood as he was a posses- 
sor of this land or the greatest part of it, and this is the land 
now in controversie. ... as long as I can remember, the 
hemlock tree by the saw mill was accounted m' Bishops bound 
& I never knew any other." Sworn before Wm. Hathorn, 
assistant. Copy made by Robert Lord,* cleric. 

Nathaniell Puttnam, aged fifty-seven years, testified that 
"I haue posesed a parsell of land upon the north sid of the 
farme formerely granted to m"" townson bishop more than 
thirty yeres in which tim I hau mad three agreements of the 
bownes betwen us with the then poseseres as with m' endecutt 
esquier abought twenty fife yeres since and with zarubabel 
Eindecut atorney to John Eindecut abought seuentine or 
eighten yeares since and m'' alien verey latly all which agree- 
mente ware mad from a pine or a hemlock tree at crane reuer 
by the saw mill and so upon a line to ye nor west corner bounes 
hauing reference to the entrey of mr townsend bishupp farme 
in the towne buke and frther I being at the deliuerey of the 
farme of mr allene to francis nurse the bounes and the entere 
of the towne did verey near agree." Sworn in court. 

John Putnam, aged about fifty years, testified that "about 
thurtey fiue yeres since I being at M'' Endicotes farme hous 
went from there to a plase Caled vine Coue and about 30 or 
forty pole northward from vine Cove and ther was M'' Ende- 
cott sen"" and I hard M' Endecote say to wa[l]tere knight 
what haue you faled Chickerenes bound tree, no sur that 
standes there." Sworn in court. 

John Porter, sr., aged about seventy-nine years, testified 
that about thirty years ago he came to live at Salem, and 
that then and ever since the hemlock tree at the head of Crane 
river was accounted Mr. Bishop's bound. Sworn, 23 : 9 : 
1674, before Wm. Hathorne, assistant. Copy made by Robert 
Lord,* cleric. 

James Allen, aged about forty-five years, deposed. Sworn, 
June 24, 1678, before Anthony Stoddard,* commissioner. 

Robert Sanford, aged about fifty years, deposed that "I 
hauing a farme at Salem which was townsend Bishops farme 
part of which farme lay within a fence which Zerubbabell 
Indicot sett up with leaue on said land as I was informed. 
And after it was mine John Leach came to me & would haue 
bought that part of said land which was within y'' said fence 
of the aforesaid Indicot upon which the same Zerobabell 

* Autograph. 



1678] RECORDS AND FILES 13 

Indicot came to me at Boston and did earnestly intreat me 
not to put it away from him the said Indicot, but that I would 
sell it him the land to be valued by two indifferent persons 
and he would pay me in land in y^ plaine where I should chuse 
it & herevnto I agreed & accordingly when I was on saile 
did reseiue the said land for y'' said Indicot vntill he refused 
to stand to his agreement then I sold the whole unto m'' James 
Allen of Boston." Sworn, June 21, 1678, before James 
Browne,* assistant. 

Robert Sanford* certified, dated Swansy, Mar. 3, 1678-9, 
that "I hauinge conference with Nathaniel Putnam about his 
intrudinge on my land, and among other discourse he told 
me it would be better for me to let him haue that and I should 
get more on the other side in the room of it to which I said 
I must not giue away my land to him to take away another 
mans land I did desire nothing but my owne there was diuers 
things else w"** I did betrust several of the Church of Salem 
with to deale with him about a lookeing at that the way to 
haue recouered him from his extravagancy in words and actions 
it hath not ben wel it has ben so much neglected but wel that 
it is not wholy neglected I pray god it may be managed with 
such a frame of spirit as become the gospel." 

Nathaniel Ingersol, aged about forty-five years, testified 
that "when his father, Richard Ingersol hired the farme of 
mr Chickeringe (which farme the sayd Chickeringe had 
bought of Mr Townsend Bishop:) that when the sayd Chick- 
eringe deliuered the sayd farme and shewed the bounds thereof 
to my father I this deponent was with him The first bound 
he shewed vnto him for the upper Corner bounds toward the 
Northwest was a great white oake standinge neare Job Swiner- 
tons house in which he now liueth then he shewed a bound 
tre unto him neare unto the Crotch of the brooke for the 
other Corner bounds upon the Northerly side of the farme, 
the next bound tre he shewed was a hemlock tree standing 
neare the Cuntry Road lyinge ouer Crane Riuer, and from 
thence he went and shewed us a Red or blacke oake now 
standinge in the playne. If not lately cut downe and sheweded 
him that for a tre Ranginge in the southerly line of the farme, 
from the hemlock tre to the upper Corner bounds by the 
myrie Swamp: and from thence he went to the side of the 
swamp where the wolf pits now ar, and told my father the 
bounds went higher up, and afterward my father shewed me 
that bound tre. further this deponent sayth that Gouernour 
Endecot owned the hemlock tre & the oake upon the playne 
to be the bounds betwixt his land and the land of the sayd 
Chickeringe, these bounds shewed vnto my father by Chick- 
eringe to be the bounds betweene Gone"" Endecot and the 

* Autograph. 



14 SALEM QUARTERLY COURT [June 

sayd Chickeringe were owned and accepted of to be the Bounds 
betweene the sayd Gov Endecot and the sayd Chickeringe 
.... thirtie yeares since Gou"" Endecot or his order did Cut 
wood and Tymber in that Swamp or playne near Ipswichs 
Road which is the land now in Controversie . . . also when 
his father had fenced in a parcel of land neare about where the 
wolfe pits now ar the sayd Gou'' Endecot came to my father 
where we were at plow and sayd to my father he had fenced 
in some of the sayd Gou'' Endecots land, my father Replyd 
then he would Remoue his fence No sayd Gou'' Endecot let 
it stand and when you set up a new fence we wil setle in the 
bounds." Sworn, June 25, 1678, before WilHam Browne,* 
commissioner. 

George Ingersol, aged about sixty-one years, testified that 
"about thirtie fine yeares since this deponent liuinge a partner 
with his father Richd. Ingersol upon the farme that the sayd 
Richd. Ingersol hired of M"" Chickeringe w'='' the sayd Chick- 
eringe had bought of Mr. Townsend Bishop This deponent 
being to set up fence upon the sayd farme was shewed the 
line of the sayd farme Runninge betweene the land of Gou'' 
Endecot & the sayd Chickerings farme both by Gou'' Endecot 
& my father that so I might not trespasse upon the land of 
Gou' Endecot which line began at the hemlock tre & so to a 
Red or blacke oake upon the playne & so about 30 or 40 poole 
Ranginge by a valley on the southerlie side of the house now 
standing upon the sayd farme But for the upper Corner 
boundes I neuer saw but this I doe testefy that all the rest 
of the playne bounded with a swamp & so the swamp now in 
Controversy with all the land betweene the sayd swamp and 
the Dwelling house of Gouer Endecot was then owned by 
the sayd Gou'' Endecot & quietly possest as part of his farme 
Called orchard and this seueral yeares before the sayd Gou'' 
Endecot was possest of the sayd Chickerings farme." Sworn, 
June 25, 1678, before William Browne,* commissioner. 

John Ingersol, aged about fifty-five years, deposed that 
"about thirty-five years since I this deponent lived upon the 
farme w''^ was hired of Mr Chickeringe by my father Richard 
Ingersol .... This deponent was partner with his father 
in the hire of the sayd farme .... all the land from the line 
aforesayd and within the playne comonly calld the Gouernours 
playne and so bounded by the brooke and the salt water was 
Reputed to belong to Gou' Endecot as part of his farme Cald 
orchard." Sworn, June 25, 1678, before William Browne,* 
commissioner. 

Benjamin Skarlet, aged about fifty-four years, deposed that 
"at his Cominge into this Country which was in the yeare 
1635 was by his mother bound as an apprentice to Gou' Ende- 

* Autograph. 



1678] RECORDS AND FILES 15 

cot & from that tyme until now || 2 years excepted || haue 
lined eyther with him or upon a peice of his land adioying to 
his farme, (w^'' he gaue vnto me) || during my life || and by 
Reason of my so long abode with him am able to testefy in 
the case now dependinge betweene m"" Zerababel Endecot 
and Francis Nurse and the testemony which I now giue in 
is this that the sayd Gone"" Endecot or his assignes haue 
claymed and possest without molestation the land now in 
Controversy as a part of his farme Called orchard from the 
tyme that I first lined with him no man haue molested him 
til Mr Allen who now doth lay clayme to Chickerings Farme." 
Sworn, June 25, 1678, before William Browne,* commissioner. 

Richard Leach, aged about sixty years, deposed that "about 
thirty foure yeares since livinge a neighbour to Gou"" Endecots 
farme doe testefy that the land now in Controverse was 
claymed by the sayd Gou'' Endecot and none did euer molest 
him in the quiet possession thereof .... about twenty 
yeares since the sayd Gov"" Endecot did grant a Lease of his 
farme called Orchard unto this deponent and therein did let 
unto this deponent fine hundred acres of land that quantity 
of acres belonginge to his farme Called orchard upon the sayd 
Lease, the land in Controversy beinge a part of the sayd 500 
acres (and the tearme of the sayd Lease was for 12 or 13 
yeares) I say the land now in Controversy beinge a part of 
the sayd 500 acres beinge let unto this deponent was Improved 
by him both by fencinge and otherwise, and I was neuer 
molested in the quiet possession thereof duringe the tyme of 
my dwellinge upon the sayd farme." Sworn, June 26, 1678, 
before William Browne,* commissioner. 

Nathaniel Felton, aged sixty-two years, deposed that "hau- 
inge had knowledge of the Farme called orchard which was 
posset by Gou'' Endecott (I haueinge ben a Neighbour there- 
unto about forty yeares) duringe the tyme of the sayd Gou' 
Endecots dwellinge upon the sayd Farme was often Imployed 
and by his order did worke upon the sayd Farme in cuttinge 
and sawinge of tymber some tymes a month or two together 
and this about 30 yeares since and can testefy the land in 
Controversy was claymed & possest by Gou' Endecot as be- 
longinge to his farme Called orchard .... when we went 
out with the Cowkeeper in myreinge tyme we durst not be 
seen to let our Catle feed upon the land in Controversy (the 
sayd Gou"" Endecot hauinge forbad it) the land in Controversy 
beinge then owned to belong to Gov"^ Endecot by all the 
Neighbour hood and this before he was possest of Chickerings 
farme .... he this deponent about twenty yeares since 
did often read the lease of the sayd Farme called orchard 
which was granted by the sayd Gou"" Endecot unto Leiutenant 

* Autograph. 



16 SALEM QUARTERLY COURT [June 

Leach," etc. Sworn, June 25, 1678, before William Browne,* 
commissioner. 

Copy of deed, dated 4:8: 1648, given by Henry Chickering 
of Dedham, yeoman, to John Endecott of Salem, gentleman, 
for 16011., "all that farme contayneing Three hundred acres 
of land or thereabouts which formerly did belong unto Town- 
send Bishopp of Salem aforesaid since in the hands and posses- 
sion of Henry Chickering and after him in the tenure & occu- 
pation of Richard Ingersoll deceased & in the right of his 
widow in the late tenner and occupation of John Knight of 
Newbery, together with the mansion house thereupon built 
by the said Townsend Bishop, together with all outhouses 
yards orchards or orchards meadow pasture fences bridges 
woods or underwoods; "the pay was to be in cattle or English 
grain at current price to be agreed upon by two indifferent 
men, one chosen by each party, the corn to be delivered at 
Salem, and the cattle to be appraised at the farm where 
they are at Salem and driven half way to Dedham at the 
charge of John Endecott, within the space of seven years. 
Wit: Thomas (his mark) Wright, John Endecott, jr., and 
Zerobabell Endecott. Acknowledged, Jan. 17, 1664, by 
Henry Chickering, his wife Anne releasing her dower, before 
Elea. Lusher. Copy made by Robert Howard,* notary public 
in the Colony of Massachusetts. 

"Att a Generall Court held at Boston the 23^ may 1666. 
In Ans"" to the petition exhibbited to this Court by m's Elisa- 
beth Endecott the relict of the late honoured Gove^'no'' John 
Endecott Esq'' deceased and Zerubbabel Endecott their son 
for setling the estate of the said John Endecott deceased 
according to an instrument on file w*h the reccords of this 
court to which the hand & scale of the said John Endecott 
deceased is annexed bearing date may 2^ 1659. After a full 
hearing of all parties concerned in the sayd estate (i e) the sayd 
M''s Elisabeth Endecott & hir two sonnes m'' John & m"" Zerabba- 
bell Endecott M'' Jeremiah Houchin being also present in the 
Court & respectively presenting their plea & evidences in the 
case. For a Fynall Issue where of This Court doeth Order 
and Judge meet to declare that the sayd estate shall be divided 
betweene the abouesayd widdow & hir two sonns according to 
the aboue sayd writting on file. Provided allv/ayes whereas 
the farme Called Chickerings was by deed of sale or guift 
made ouer to m'' John Endecott sundry yeares before the date 
of the aboue sayd Instrument To Haue & to hold the same 
to him his heires & Assignes for euer anything in the aboue 
sayd writting that may seeme to Contradict the same not 
w*hstanding. And also whereas there doeth appeare to be 
lesse provission made for the wife of the aboue named m"" 

* Autograph. 



1678] RECORDS AND FILES 17 

John Endecott then may seeme equall or was the reall Intent 
of the abouesayd John Endecott Esq"" deceased who had 
during his life speciall favour & respect for her. This Court 
doeth Order that M^'s EHsabeth Endecott the now wife of the 
aboue named m"" John Endecott in case she shall survive the 
sayd John her husband shall injoy all that estate of houses 
& lands mentioned in the aboue sayd Instrument as bequeathed 
to the sayd John Endecott hir husband during hir natturall 
life (not suffering any strip or wast to be Comitted on the 
same) anything conteyned in the aboue named instrument 
notwithstanding. And this Court doeth also order & declare 
that whereas the aboue sayd M'"s Elisabeth Endecott widdow 
of the aforesayd John Endecott Esq'' deceased is seized accord- 
ing to the aboue sayd Instrument of the Goods & Chattells 
of the sayd John Endecott Esq"" hir late husband deceased in 
case she shall dye seized to the value more then eighty pounds 
starlyn part there of the same shall be diuided betweene hir 
sonnes m'' John Endecott & m' Zerubabell Endecott & the 
sayd John being the eldest sonn shall haue a double portion 
thereof Finally this Court doeth Impower the sayd M^'s 
Elisabeth Endecott relict widdow of the aboue named John 
Endecott Esq"" deceased & sole administratrix on the estate 
whereof he dyed seized she bringing in a true Inventory thereof 
to the next Court for the County of Suffolk," etc. Copy 
made by Edward Rawson,* secretary. 

Copy of will of John Endicott, of Boston, "eldest son to the 
late John Endicott esq' & late Gouernor of the Massachusetts 
Collony being sick of a sore throat & other distempers of 
Body, dated Jan. 27, 1667, taken from pages 533 and 534 of 
the first book of records of Suffolk, by Freegrace Bendall,* 
cler.: "And whereas I forsooke all other women & Joyned my 
selfe in Mariage unto Elisabeth my deare wife & soe wee twaine 
became one flesh, and shee haueing alwayes caryed herselfe 
a Loueing helpfuU & paynefull wife unto mee I doe giue & 
bequeath vnto her my said wife all my whole estate reall & 
personall, I say I giue & bequeath to my said wife my now 
dwelling house in Boston Joyning to George Bates on the 
west with all the yards & Appurtenances thereto belonging. 
Also I giue & bequeath unto my said wife all lands within the 
bounds of Salem the whole farme called Chickries farme to her, 
her heirs & Assignes for Euer." 

"Also II I giue II & bequeath unto Elizabeth my said wife 
all my goods & chatties within & without doors wheresoeuer 
they shall be found & all other estate that belongs to mee both 
in reuertion & possession to be disposed of by her for euer, 
I doe ordayne appoynt & make Elizabeth my wife sole Execu- 
trix of this my last will & testament. I make my Father in 

* Autograph. 



18 SALEM QUARTERLY COURT [June 

Law M'' Jeremy Houchin & m"" John Saffin ouerseers." Wit: 
Jeremiah Houchin, Nathaniell Greene, Robt. Bradford and 
Moses Bradford. 

Copy of deed, dated Apr. 29, 1678, given by James Allen of 
Boston, minister, to Frances Nurse of Salem, yeoman, for 
4001i., his farm in Salem of 300 acres of upland, bounded 
"with a hemlock tree, being the noreast corner bounds next 
farmer porters land neere Crane Riuer, soe caled, & from 
that hemlock tree, running westward to the bridg upon the 
brooke, & soe to a white oake tree in a straite line from the 
brooke aforesaid, a little to y^ westward of the oarchard be- 
tweene the land of Joseph Holten & the bargained p-'misses 
& from thence to a blacke oake, almost at the corner of the 
said Holtons feild, upon a straite line from thence to a popler 
tree, at the northwest corner of the said farme, from thence 
southward to a maple tree, with a white oak neere it, a name 
to the brooke at the southwest corner, the bounds being there, 
the but end of a great old tree, with a stake, standing in it 
& two smale trees marked neer it, lying a litle to the westward 
of the old Ipswich Road, being the southeast corner bounds 
& from thence to the hemlock tree, the northeast corner 
bounds, & bounded with the lands partly of farmer Porter, 
partly nathaniell Putnam, partly James Hadlock & partly 
Joseph Holtons on the north, & the land of the said Holt, 
to the west, & the lands of m"" Zarubabell Endecott to the 
east & south, according to Towne grant together with all 
trees, woods, under woods, meddowes, feedings, pastures," 
etc. Sa^ah, his wife, released her dower. Wit: Is. Adding- 
ton and Eleazer Phillips. Acknowledged by said Mr. James 
Allen and Sara, his wife, Apr. 29, 1678, before Edward Ting 
assistant. Recorded, 15 : 3 : 1678, in the records at Salem, book 
4, fol. 189, by Hilliard Veren,* recorder, who made the copy. 

Plaintiff's plea: "Concerninge the dimensions of Townsend 
Bishops farme as it is expressed in the Towne Booke of Salem 
the Hon'"'^ Court with the Jury may be pleased to obserue 
general improper words ar used in the expression thereof by 
Reason those men who were then the layers out of land were 
(although playne herted honest men) yet of litle art and skil 
in mathematical Grammatical or Geometrical Rules and 
expressions, As in the sayd Grant If the Hon'-'i Court and 
Jury be pleased to obserue It is sayd in the sayd Grant at 
the easter end 400 poole in length to speake properly that is 
not the end but the side of the farme and that which is called 
an end of the farme is also called a Corner where it is bounded 
by the water, upon the land of mr Skelton and the word 
[there] Relates to m"" Endecots farme and not to the end their 
calld a Corner, M"" Endecot hauinge no Land at least not 

* Autograph. 



1678] 



RECORDS AND FILES 



19 






/_,' 




The Nurse Farm. 



20 SALEM QUARTERLY COURT [June 

eight acres upon that Corner of Bishops farme but it must be 
allowed by the side line of Bishops farme .... Bishops 
Farme and Stilemans farme beinge each of them 300 acres 
apeice lyinge side by side by each other Stilemans farme in 
the possession of 4 men, who in their devidinge of the sayd 
farme each to haue an equal share thereof. In their Runninge 
the line of the sayd Stilemans farme betweene that farme 
the sayd Stylemans farme and Bishops farme they began at 
the white oake neare Job Swinertons now dwelling house, and 
so upon a strayt line neare unto the Crotch of the brooke the 
true Northerly line of Bishops farme. These 4 men ar to 
haue an equal share three of the foure ar Contented w*'' what 
is honestly their owne only Nathaniel Putnam who out of a 
Couetous humor not Careinge how he Ruienes other men 
thereby to inrich himselfe observinge some Improper and 
doubtful expressions in the Recordinge of Bishops farme by 
his subtelty and Cunninge Craft hath occasioned much trouble 
to Courts and molestation to his neighbours 

"Beinge of late Notoriously discouered as the late Comittee 
of Salem (who were chosen to finde out what land was belong- 
inge to the towne among the farmes) haue made appeare, his 
grand designe being to Catch what he can &c Further let 
the Hon'''^ Court with the Jury be pleased to Consider why 
m'' Allen who by his agent Robt Sanford hath Recouered 
that tract of land (uniustly Claymed by the sayd Nath Put- 
nam) by vertue of a Judgement granted at a Court of assistants 
and accordingly had possession of the sayd land giuen by 
Marshal Micherson as belonginge to Bishop farme, why the 
sayd m"" Allen should devide the sayd land betweene him and 
the sayd Putnam but that he might haue the more plausible 
Colour to intrench upon the inheretance left me by my Hon'*^ 
Father accordinge as I haue made it evedently and suffeciently 
to appeare Further may the Hon'''^ Court w^^ the Jury be 
pleased to Consider whether or no Gou'' Endecot when he had 
the liberty to take up what land he then pleased there beinge 
two Creeks which haue ben alwayes reputed to be the bound- 
aries of his ancient farme and ar sufficently evidenced so 
to be that he should suffer any man so to intrench upon him 
as to devide or to Cut in two that part of his farme and to 
make it like unto a kites tayle the like president not being 
knowne in the Cuntry ^Vj 

"Further may the hon'^'^ Court and Jury be pleased to 
Consider how strangely mr Allen hath mist it and bene misled 
in his layinge out of Bishops farme as first to make the hem- 
lock tre his North east Corner bounds for there mr Endecot 
hath no Land (as hath bene formerly sayd) to allow him eight 
acres for a highway the other side of the brooke upon that 
Corner beinge Skeltons land. And Nextly to carry his end 



1678] RECORDS AND FILES 21 

Andrew Peeters v. Samll. Chapman, executor of the will of 
Edward Chapman. Withdrawn.* 

Zachariah Herrick v. William Chubb. Verdict for plaintiff, 
to be paid in corn, cattle or ten weeks' service. f 

line southeast 116 poole upon m' Endecots land and then to 
bringe the syde line 400 poole from the maple tre standinge 
by the myrie swamp to the sayd southeast Corner bounds 
cometh within a few poles of Guppies ditch neare to mr Ende- 
cots house that they thinke intrenches too neare upon mr 
Endecot, and all the Cuntry wil cry shame of it wherefore to 
salue that they wil Retreate to a supposed Bounds neare 
Ipswich old way but then they loose neare 40 acres of land 
and to make up that they must take away a peice of mr Ende- 
cots land upon the south side. Both which ar Contradicted 
by the Record which sayth the south side of Bishops farm 
next to mr Endecot is 400 pole in length so that it doth evi- 
dently appeare that the land caled Conquest land Now shared 
betweene mr Allen and the sayd Putnam must needs be a 
part of Bishops farme and the brooke betweene him and 
Skelton is the true bounds at the easter end betweene the sayd 
farmes, as hath bene abundantly proued and a Judgement 
thereof Granted by the Court of Assistants at Boston and posses- 
sion thereof to mr. Allen deliuered, as hath ben alreaydy sayd. 

*Samuell Chapman's bill of cost, Hi. 12s. 3d. 

fWrit: Zachariah Herick v. William Chub; for provmg 
unfaithful as a servant, by delaying his return from Hadly 
after he was dismissed from the country's service, he not 
returning for eleven weeks which was contrary to indenture; 
dated June 17, 1678; signed by Sam. Hardie,| for the court; 
and served by John Sampson,t constable of Beverly. 

Zachary Herricks' bill of cost, 21i. 5s. 

Indenture, dated Apr. 25, 1672, between Zachariah Harik,§ 
and William (his mark) Chubb||; the latter with the consent 
of his father Thomas Chubb of Beverley, carpenter, appren- 
ticed himself to Zachariah Herricke of Beverly, carpenter, 
for six years. Wit: Nathaniell Hayward.t Owned in court. 

Benj. Daland, aged about twenty years, deposed that on 
Oct. 7, 1676, he with the other soldiers who were in the 
garrison at Westfeild and those who were in the garrison 
at Hadly and the other towns, was dismissed. They came 
toward home and "mett at Squabage the gratest part, and 
seuerall came a foott and all the souilders came but a fott 
pace." Sworn in court. 

Thomas Owens, aged about thirty-five years, testified 
that he was a garrison soldier at Hadly in the company with 
William Chub, and when they were dismissed, Chubb refused 

t Autograph. § Autograph and seal. |1 Seal. 



22 SALEM QUARTERLY COURT [June 

to return and said if he did he would come by water. Sworn in 
court. 

John Daves, aged about twenty-two years, deposed that 
he was with Chubb at Hadly and when all the company of 
soldiers was ordered to appear at the headquarters two hours 
before day, Chubb did not appear. Capt. Swaine inquired 
for him but he kept out of the way on purpose. Deponent 
promised him that if he would go home he would help him 
along with his clothes and would take turns with him riding 
on deponent's horse, for Chubb was dissatisfied that others 
could ride, but he had no horse. Sworn in court. 

John Kellom, aged about nineteen years, testified that 
''when Capt. Swayne was Caulld home & his Souldiers w*h 
him from Hadly then wee had orders about twoe houres before 
day to muster up at the head quorters; then to the best of 
my Judgementt A post Came up from Boston and as I under- 
stood it was to leaue seuerall of Cap* Swaynes sould''s in 
Garrison Att Hadley; Hattfeild and North Hampton; 
whereupon Cap* Swayne spoake to his Souldiers thus or to 
this purpose Gen*men Sould''s which of you are Willing to 
be in the Aboue saide Townes Garrisoned — whereupon seuerall 
sould''s manyfested there Redyness to stay butt W™ Chubb 
was not Willing notwithstanding seuerall sould''s did say when 
Chubb was Absentt hee was Willing to stay in Garrenson 
butt when hee was Come up to the Cap* I well Remember 
W" Chubb saide to the Cap* Sir is there noe other to be pickt 
out to stay but myselfe I being so desierus to goe hom by 
reason I haue been so long In the searuis and the Cap* sayde 
Gentmen its in vayne for Any of you now to speake for you 
are now appoynted to be in Garyson And I Can not doe other- 
wayes for Now its tooe layte to draw out oathers." Sworn in 
court. 

John Chubb, aged about twenty-four or five years, deposed 
that when his brother William was in the service of the country 
he was with him under command of Major Appleton. Late 
in the fall when Major Appleton was sent for from Hadley, 
deponent asked to be dismissed, but it was not granted. 
Then he tried to get his brother William cleared on account 
of his master and his aged father and mother, but this failed. 
In the following spring when Major Savage came to Hadley 
deponent tried again, and could not get William's discharge, 
but did get his own on account of having sufficient money 
to hire a man in his place, etc. Sworn in court. 

Thomas Chub, aged about twenty-eight years, and John 
Chub, aged about twenty-four or five years, deposed that the 
last spring they had heard Zachariah Herrick say that their 
brother William was as good a condition servant as he could 
desire in his house and he could .find no fault with him. Sworn 
in court. 



1678] RECORDS AND FILES 23 

Eliza. Price and Capt. John Price, executors of the will of 
Capt. Walter Price v. Mr. John Wincoll. Verdict for plaintiff.* 

Phillip Welch v. John Blany. Debt. Verdict for plaintiff. 
Besides what has already been paid for sixty-two weeks. t 

Philip Whitt, aged about seventeen years, deposed that 
he heard Chubb say that he returned to his master on Dec. 25. 
Elisibeth Herrick deposed the same. Sworn in court. 

John S deposed that Chubb took diligent care to return 

to his master and travelled on foot from Hadley to Hartford 
to get passage by water. There being no opportunity at 
that time he returned to Hadley and went to Hartford a little 
later and found an opportunity to go home by water. Sworn 
in court. 

John Bill, aged about twenty-four years, deposed that he 
was a garrison soldier with Chubb at Hadly and heard him say 
several times that "he had as Hue" stay at Hadly as to go 
home. Sworn in court. 

*Writ, dated June 10, 1678, signed by Hilliard Veren,t 
for the court, and served by Daniel Goodwin, t constable of 
Kittery, by attachment of fifty acres of deponent's land m 
Kittery. 

John and Eliza. Price's bill of cost, 2H. 10s. 8d. 

Bond, dated July 26, 1671, given by John Wincoll§ of 
Puscattaque, lately of Watertown, yeoman, to Capt. Walter 
Price of Salem and Left. Richard Cooke of Boston, merchants, 
for the yearly payment of 100,000 feet of merchantable pine 
boards which his brother Mr. Thomas Broughton owed to 
said Price and Cook as part of a debt of 8031i. 19s. 8d., the 
obligation dated, Boston, Feb. 21, 1662; said Price abating 
401H. 19s. lOd., of the foregoing account, and assigning the 
whole debt to him, and also relinquishing his interest in that 
engagement to pay boards, dated Mar. 23, 1660-1; Tho. 
Broughton or John Wincoll were to pay to Walter Price 4011i. 
19s. lOd., in inch pine boards, full inch thick, at 35s. per M. 
at Quamphegon at the usual rafting place in the river of 
Puscattaque. Wit: Elisha Cooke,t EHzabeth ShippenJ and 
Richard Cooke.J Sworn, 14 : 8 : 1671, before Jno. Leverett,t 
Dept. Gov., and Edw. Tyng.J 

tWrit: Philip Welsh v. Mr. John Blaino; debt, for nursing 
said Blaino's child at 4s. 6d. per week; dated 17 : 4 : 1678; 
signed by Tho. Fiske,t for the court; and served by Henry 
Skerry, t marshal of Salem, by attachment of land of defend- 
ant which the latter owned to be his before John Lewes and 
his son. 

Phillup Wellches bill of cost, Hi. 13s. 8d. 

t Autograph. § Autograph and seal. 



24 SALEM QUARTERLY COURT [June 

Phillip Cromwell v. Mathew Woodwell. Debt. Verdict 
for plaintiff.* 

Henry Skerry, sr.,t and Sarah Riddanf certified that on 
Saturday, Sept. 15, 1676 Mr. Blanye's child was delivered to 
Philip Welch's wife to nurse at Mr. Maverick's house and that 
on Apr. 9, 1678, the child was delivered to said Blanye by 
Welch's wife, there being present Marshal Skerry, Thomas 
Rumery and Sarah Raddan in Marblehead at the house of 
Erosamus James. Owned in court. 

''June 22*'' 1676 Goodwife Pickworth of Marble Head took 
my Child untill y^ 9*^ of September From y« 9**^ of September 
untill a weeke before Salem Court last Goodwife Weltch nursed 
my Chyld then I demaind my Chyld But Could not have it 
untill after the Court of Assistance which Chyld I rescieved 
ye 9**^ of Aprile last For which shee is Dtor:" In mony, 4s.; 
Mar. 21, to 1 1-2 yd. Karsy at 4s. 6d. per yd., 6s. 9d.; mony, 
17s.; mony, 5s.; Nov. 8, mony, 31i. Is.; pd. in wood, Hi. 2s. 
6d.; total, 51i. 16s. 3d. 

Marke Graves, aged about fifty-five years, and Elisabeth 
Graves, his wife, aged about thirty-seven years, testified that 
they heard John Blaino say at Mr. Reddan's house at Marble- 
head in Sept., 1676, that he had gotten another nurse for his 
child, namely Philip Welch's wife, and he was to pay her 
4s. 6d. per week in money. Sworn, June 24, 1678, before 
Daniel Denison.f 

Abigail Pickworth, aged about thirty years, testified that 
about Sept. 15, 1676, Mr. John Blanye came to her house, 
bringing with him Philip Welch's wife, and demanded his 
child whom she had nursed eleven weeks, for he had gotten 
another nurse. She delivered the child with the clothes, 
and Mr. Blanie carried away the woman and child on a horse. 
Sworn in court. 

Elizabeth Humphreys, aged about twenty-three years, 
testified that she met Welch's wife coming from Mr. Maver- 
ick's house with Mr. Blanye, with the child in her arms, having 
just taken it from Joseph Pickworth's house. Sworn in court. 

Abigail Pickworth deposed. Sworn in court. 

*Writ, dated May 28, 1678, signed by Hilliard Veren,t for 
the court, and served by. Henry Skerry, f marshal of Salem, by 
attachment of the barn, two bunches of white leather, two 
rugs, two wool packs, a parcel of gloves, laces and a pair of 
leather breeches of defendant. 

Samuel Aborn, aged about sixty-eight years, deposed that 
he was with Marshal Skerry when Matthew Woodwell ten- 
dered goods at Mr. Phillip Crumwel's shop, etc. Sworn in 
court. 

t Autograph. 



1678] RECORDS AND FILES 25 

John Blany v. Mr. Ralph King. Verdict for defendant.* 



Mortgage deed, dated Sept. 10, 1665, given by Matthew 
Woodwellf of Salem, brickmaker, to John Pickering of Salem, 
yeoman, his dwelling house in which he now lives, with two 
acres of land in Salem, bounded by land of Obadiah Antrum 
on the west, the south river on the south and east and land of 
John Ruck on the north; also his black cow, twenty cords of 
wood in the woods; for 501i., to be paid in neat fat cattle and 
linen and woolen English goods, before Oct. 1, 1669. Wit: 
Jonathan (his mark) Pickering and Hillyard Veren.J 

Richard Prytherck, aged about thirty-seven years, deposed 
that he was at Mr. Cromwell's house when Matthew Woodel 
and his wife came there. Woodwel owned that he was in- 
debted to Cromwell who said if he would pay him in blue 
linen or merchant's goods that were vendable he would forbear 
until next May, whereupon Woodwel said he could pay him 
some at Mr. Jno. Hathorne's, and he did not question but that 
he could pay some at Mr. Batter's and some at Mr. Lindall's. 
Mr. Cromwell was willing to accept this provided said Woodwel 
gave him his bill which he refused to do. Sworn in court. 

Rubin Guppy, aged about seventy-three years, deposed 
that Woodwell said he would pay part at John Hathorne's, 
and some at Timothy Lindall's. Woodwell tendered Crom- 
well bricks but the latter would not take them because he 
did not know what to do with them. Then Woodwell said 
he could sell them for money and that he would give him the 
money. Sworn in court. 

Henry Skerry, sr., marshal, aged about seventy years, de- 
posed concerning attaching the goods. Woodell chose Samuell 
Abbourne to appraise them. Sworn in court. 

Matthew WoodwellJ certified that "winne i bee gan too 
dell with M' Phillip Crommell my bargen was too paie him 
for on dossen of shep cens 4 Shillens par cinn and so too begen 
the yeare too pay him for his cines from shear time on shillen 
par cinne too milmas and from milmas too crismas too shillens 
par cinne and from crismos on too shieren againe thee shillens 
par cinne and this too bee paide forty shillens in monny and 
the rest too bee paide out of the prodrus of it as it wos paide 
30 yeare agon from man too man as he shall make youes of it 
and the monny part bee ing paide a cording ass thhe bockes 
can make a pare." 

*Writ: John Blany v. Ralph King; for withholdmg a 
writing from Major Neale to said Blany; dated 14 : 4 : 1678; 
signed by Hilliard Veren,t for the court; and served by Henry 
Skerry,! marshal of Salem, by attachment of land near de- 
fendant's house. 

t Autograph and seal. t Autograph. 



26 SALEM QUARTERLY COURT [June 

Maj. Tho. Savage v. Samuell Apleton, jr. Verdict for 
plaintiff. Appealed to the next Court of Assistants. Said 
Apleton bound, with Mr. Hen. Bartholmew and Maj. S. 
Apelton as sureties.* 

John Lewis, aged about forty j^ears, and Ezekell Nedham, 
aged about thirty years, deposed that after Hannah, wife of 
John Blaine, was dead, said Blaine came to fetch his goods 
from old Mrs. King's, his mother-in-law, who demanded the 
writings belonging to her which concerned Major Neall and 
the estate of Mr. Daniell King, deceased. Blaine returned 
the papers. Sworn in court. 

William Hathorne,t aged about thirty-two years, deposed 
12:8: 1678 that being at Linne in Theophilus Baley's house, he 
read to those present, including Ralph King and Jno. Blanoe, 
a bond from Major Andrew Neale to Jno. Blanoe, wherby a 
large sum of money was to be remitted in England, part of 
the debt being to Major Neale as he was concerned in the 
estate of one King, etc. 

Thomas Farror, aged about sixty-five years, testified con- 
cerning the reading of the bond from Major Neale in Ingland, 
etc. George Darling and Ingrum Moody testified to the 
same. Sworn in court. 

*Writ: Thomas Savage, sr. v. Samuell Apleton, jr., of 
Linn; for possessing and using his houses, lands and Iron 
works at Linn, cutting his grass, wood and timber and ruining 
said Iron works; dated, Boston, June 19, 1678; signed by 
Ephraim Turnor,t for the court; and served by Eleazer Linse,t 
constable of Linn. 

Samuell Appleton's bill of cost. Hi. 4s. 4d. 

Thomas Savage's bill of cost, a voyage to Lin to demand 
possession, etc., 31i. 3s. 9d. 

Bill of sale, dated Feb. 3, 1657, whereas at a special court 
at Boston, Sept. 14 and 15, 1653, several creditors of the 
undertakers of the Iron w^orks in New England sued the 
estate of Mr. John Bex & Co., and recovered judgment of 
3, 65811. 13s. 4d., in which sum Mr. Henry AVebb's bill of 130011. 
then brought in signed and allowed by Capt. Robert Bridges 
and Mr. Joshua Foote, two of the attorneys for the company, 
was a part, William Paine of Boston, merchant, in considera- 
tion of said Webb assigning all his interest in the Lynn and 
Braintrye Iron works, to him, agreed to pay said Henry 
Webbt of Boston, merchant, l,0001i. twenty-five tons of 
merchantable bar iron delivered at Boston in the dock; also 
to pay in like pay the one-half of what Capt. John Leverett 
shall have sold the said Iron works for over and above 50011., 

t Autograph. J Autograph and seal. 



1678] RECORDS AND FILES 27 

in bar iron at 151i. per ton, etc. Wit: Edward Hutchinson* 
and Edward Rawson.* 

Mortgage deed, dated Jan. 20, 1663, given by Jno. Painef 
of Boston, merchant, to Samuell Appleton of Ipswich, gentle- 
man, for l,5001i., which was a legacy from his father William 
Paine, late of Boston, deceased, to the three children of Sam- 
uell Appleton, all interest in the Iron works at Lin, under the 
management of Mr. Olliver Purches, except the wood, coal, 
ore, cows, pigs, bar iron, cast iron, flumes, scales and weights, 
etc. Wit: Thomas Danforth,* Joett Tatoomis,* Caleb 
Chiechehehteaumanth* and John Evene.* Acknowledged, 
Jan. 21, 1663, before Daniel Gookin.* Recorded, Feb. 9, 
1663, in the records of lands for Essex at Ipswich, book 2, 
folio 182-4, by Robert Lord,* recorder. 

Copy of the record of the General Court, May 25, 1658, in 
an action of John Giffard, attorney to Mr. John Becx & Co., 
of the undertakers of the Iron works v. Capt. Thomas Savage. 
Henry Webb and Anthony Stoddard mentioned. Copy 
made by Edward Rawson,* assistant. 

Copy of the record of the Salem court, 27 : 4 : 1676, in a 
similar action, made by Hilliard Veren,* cleric. 

Richard Waite, aged sixty years, and Geoarg Halsall, aged 
forty-three years, deposed concerning delivering the Iron 
works by execution to Capt. Thomas Savage. Sworn in 
Boston court, Feb. 4, 1660, and copy made by Edward Rawson,* 
recorder. 

Richd. Waite, aged about sixty years, and Habiah Savage, 
aged about twenty-two years, deposed that being at Hammer- 
smith, they heard Mr. OUver Purchas refuse to give possession 
of the works to Capt. Thomas Savage, etc. Sworn in Boston 
court, Feb. 4, 1660, and copy made by Edw. Rawson,* recorder. 

Joseph Jenks, sr., Joseph Armitage and Thomas Newall 
deposed that being desired by Maj. Thomas Savage to ap- 
praise the Lynn Iron works when Mr. William Payne took 
possession and put in Mr. Oliver Purchase as agent, they 
appraised the forge and furnace at 80011., and for the rent 
of them 61i. per annum, for the farm, 261i. per annum, for 
6 oxen at llli., the yoke 331i., carts, wheels, etc., 161i. The 
Iron works was wholly ruined except the dam and water 
course. Sworn in court. 

Copy of record of a special court at Boston, 15 : 7 : 1653, 
with judgment for Capt. Savage, as plaintiff, and as assignee 
of Mr. Henry Webb, Mr. Anthony Stodard, Mr. Jacob Sheafe, 
Mr. Rich. Hutchingson, Mr. George Corwin, Mr. Edward 
Ting, the executors of Capt Ting, Ralfe Mason, Mr. Joseph 
Rocke and George Burden. The jury were: Capt. Robt. 
Keayn, Tho. Clarke, Isack Walker, John Watson, John Davis, 

* Autograph. t Autograph and seal. 



28 SALEM QUARTERLY COURT [June 

Zacheus Curtice v. Benjamin Thomson. Verdict for de- 
fendant.* 

Tho. Jones, Nicho. Clap, Robt. Beecke, John Wiswell, Rich. 
CoUecot, Nath. Williams and John Webb. Copy from Mr. 
Nowell's book of records made by Edw. Rawson,t recorder. 

Copy of a record of the General Court, Aug. 30, 1653, 
granting a special court sitting at Boston to hear the Iron 
works case, made by Edw. Rawson,t secretary. 

Jno. Whipple, sr., and Jno. Brewer, sr., deposed that they 
went with Major Samll. Appleton to the Linn Iron works 
when Mr. Purchase gave him possession from Mr. John Payne 
of Boston, and Purchase said there were no tools or iron 
there, etc. Sworn, June 24, 1678, before Daniel Denison.f 

Joseph Jenkes, sr., aged seventy-six years, and John Jenkes, 
aged about sixteen years, deposed. Sworn in court. 

Joseph Jenks, sr. and Jno. Jenks, aged about seventeen 
years, deposed that Samll. Apleton, jr., about twelve months 
since, took out from the great furnace bellows board at Ham- 
ersmith about eight large iron bolts weighing about a hundred 
weight which cost the proprietor of the works 5d. per pound. 
He also disposed of one bellows pipe, which cost 30s. when 
new, and upon said Apleton's order about thirty cords of 
wood had been cut from off the land and disposed of. Sworn 
in court. 

*Writ, dated June 3, 1678, signed by Hilliard Veren,t for 
the court, and served by Samuell Peniman,t constable of 
Brantree. 

Benjamin Tompson's bill of cost, "for the townes, my 
patients and schollars sufferance by cessation from both for 
8 days," etc.. Hi. 12s. 

Copy of the record of a County court at Boston, Apr. 30, 
1678, in an action of Benjamin Tompson of Brantrey, as- 
signee by deed and proprietor by purchase of the estate of 
John Godfrey v. Zacheus Curtis, sr., for withholding a debt 
of lib. due said Godfrey, with verdict for plaintiff. Copy 
made by Isa. Addington,t cleric. 

John How and John Man deposed that sometime in April 
last, at Danill Clark's house in Topsfeld, Mr. Benjamen 
Tomson and Zaches Curtis were discoursing about the bill and 
Curtis said he had agreed with Godfrey and could bring his 
proof. Tomson said he was on his way to the eastward and 
would return by Ipswich on the next Monday, and he would 
meet him there at twelve o'clock. John, son of Zacheus 
Curtis, agreed to it and Tomson said if the testimony did not 
prove good Curtis should send him a cow to Thomas Nuel's 
at Len. Curtis went to Quartermaster Perkins' house on the 

t Autograph. 



1678] RECORDS AND FILES 29 

Ambross Gale v. Abraham Allen. Verdict for plaintiff.* 
Ezekiell Needham v. Timothy Wile. Verdict for defend- 
ant.! 

appointed day and waited from ten o'clock until three, but 
Tomson did not appear. Sworn, 26 : 4 : 1678, before Edmund 
Batter,! commissioner. 

Zaches Curtis, jr., and Ephraim Curtis deposed that John 
Godfrey came to their father's house some time in 1674 and 
in consideration of entertainment and other things of which 
he stood in need, acquitted their father of the debt of eleven 
pounds, etc. Sworn, Apr. 8, 1678, before Daniel Denison.J 

*Writ: Ambros Gale v. Abraham AUin; debt; for what he 
paid Mr. William Brown, sr., for said Allin; dated May 2, 
1678; signed by Moses Maverick, t for the court; and served 
by WilHam Woods,! constable of Marblehead. 

William BrowneJ certified, June 27, 1678, that Ambroce 
Gaile of Marblehead paid to him for Abraham AUine of Mar- 
blehead two "chorlder of coles" at 3H. 10s. in 1672. Owned 
in court. 

Ambross Gall's bill of cost, Edward Humphreyes, 1 day, 
etc., 19s. 6d. 

Letter of attorney, dated June 24, 1678, given by Ambross 
(his mark) Galle§ of Marblehead to his wife Mary Galle. 
Wit: John ChinJ and Edw. Humphreys. J 

fWrit: Ezekell Needham v. Timothy Wyle; for taking up 
a mare of his which he legally bought of Henery Stacey; 
dated June 19, 1678; signed by John Fuller,! for the court; 
and served by John Browne,! constable of Redding, by attach- 
ment of land in the orchard adjoining the dwelling house of 
John and Timothy Willy. 

Timothe Wiley's bill of cost. Hi. 6s. lid. 

"Ther wher Sould by Henery Stacy vnto Ezekell Neadham 
the first of December 1677 A Ronnish Marre with a blaz in 
her face with the Town brand about seuen years ould; she 
was vouched by John Dauis and Samuell Mansfeeld: and 
Entred into the tooU book in Lyn the 19 of June 1678." Copy 
from the "tooU book" in Lyn made by John Fuller,! clerk 
of the writs. 

Wm. Clark, aged about seventy years, testified that the 
mare that Timothy Wily took up at Lin, 15 : 3 : 1678, was 
the mare he sold to Benjamin Davis of Reading. He knew 
her because he had raised her and had seen her go by his 
house many times, etc. John Clarke testified the same. 
Sworn, 27 : 4 : 1678, before Wm. Hathorne,! assistant. 

Joseph Mansfield, aged about twenty-two years, and Andrew 
Townsend, aged about twenty-four years, deposed that asking 

t Autograph. § Seal. 



30 SALEM QUARTERLY COURT [June 

Steephen Haskett v. Robt. Bray. Debt. Verdict for 
plaintiff.* 

Ralph King v. John Blany. Debt. Verdict for plaintiff. f 

said Wily what he did with his uncle Ezekiel's mare, etc. 
Sworn in court. 

"Redding : 14 : 3 : 78. To my Unkell William Clarke at 
Lin or aney that knoweth the Mare that I bought of you 
thes may certify y* I have ordered my brother wiley to take 
up y'' Mare y* I bought of you witnes my hand Beniamin 
dauis.J" Wit: Jonathan Poole. | 

*Writ, dated 19 : 4 : 1678, signed by Hilliard Veren,t for 
the court, and served by Henry Skerry, J marshal of Salem, 
by attachment of house and land of defendant. 

Stephen Haskett's bill of cost, 21i. 5s. 8d. 

On 11 : 11 : 1675, Stephen Haskett reckoned with Robert 
Bray, and there was due 621i. 2s. 7d., which was owned on 
June 24, 1678, before the Major General. Sworn in court. 

Henry Skerry, aged about seventy-five years, testified con- 
cerning serving the attachment, and that the wife of Robert 
Braye, etc. Sworn in court. 

Receipt, dated June 21, 1670, given by George OrchardJ 
to Mr. Stephen Heskotte, for 141i. in silver and a bill from 
Mr. Fetter Lidgett drawn on Mr. Nathaniell Fryer in Fis- 
catequey, being in full for the passage of Thomazin, wife of 
Rob. Bray and Robert and Margette, their son and daughter, 
in the ship Happy Returne of Plymouth, Geo. Orchard, 
master, from Plymouth in old England to Boston in New 
England. 

fWrit, dated 10 : 2 : 1678, signed by Hilliard Veren,t for 
the court, and served by Henry Skerry, J marshal of Salem 
by attachment of two shillings of Blaney's money after de- 
livering it to Edmund Bridges, and also land of said Blaney's. 

Ralph King's bills of cost, 21i. 7s. 6d. and Hi. 

Tho. Walker, aged about thirty-six years, deposed that he 
received of Mr. Ralph King, four years since, 51i. in wood and 
money, in satisfaction of a debt due from Jno. Blany, etc. 
Sworn, June 22, 1678, before Tho. Brattle, | commissioner. 

Ezekiel Needham, aged about thirty-six years, and Samuel 
Johnson, aged about thirty-five years, deposed that being 
in the past summer in the house of Mr. Reading, they heard 
John Blany complain that he was much wronged about a 
bond which was in the custody of Ralph King. King being 
there, said it was not in his keeping. "The said Blany de- 
siring him to procure him a sight thereof he said if hee Would 
restore it to him, that his Mother might have it again of whom 
hee obtained it to give him an hearing thereof It should 

X Autograph. 



1678] RECORDS AND FILES 31 

Hugh March v. Edward Smith. Verdict for defendant.* 
Capt. Paule White v. Clement Grosse. Debt. Verdict for 
plaintiff.f 

bee put into the hands of somebody to read unto him. Since 
which time the sayd Johnson Attests that by Captain 
W™ Hawthorn Jun' It was audibly read to the said Blany 
But with the said proviso that It might bee returned to his 
Mother whom It Concerned and of whom It was Borrowed." 
Sworn in court. 

Bond, dated Nov. 5, 1673, given by Jno. BlayneJ to Ralph 
Kinge of Lin, for 51i., which the latter was bound to pay to 
Thomas Walker of Boston. Wit: Rich. Waytet and Thomas 
Walker.l Sworn, June 22, 1678, before Tho. Brattle,| com- 
missioner. 

*Writ: Hugh March, sr. v. Edward Smith of Exeter; 
debt; dated June 5, 1678; signed by Jo. Woodbridge,J com- 
missioner; and served by Edward Gillman,| constable of 
Exeter, by attachment of house and land of deifendant. 

Edward Smith's bill of cost. Hi. 5s. 

Letter of attorney, dated June 24, 1678, given by Hugh 
March§ of Newberry to Mr. Tho. Woodbridge of Newberry. 
Wit: H. ShorttI and John Atkinson. + Acknowledged, June 
24, 1678, before Jo. Woodbridge, f commissioner. 

Ralph Hall, aged about fifty-nine years, and John Young, 
aged about thirty-three years, testified that they signed as 
witnesses, etc. Sworn, June 26, 1678, before John Gillman,| 
commissioner. 

Copy of bond, dated Apr. 23, 1677-8, given by Edw. Smith 
to Hugh March, sr., in pine boards at 30s. per thousand at 
Exeter. Wit: Ralph Hall and John Younge. Acknowledged 
before John Woodbridg, commissioner. Sworn in court. 
Copy made by Hilliard Veren,| cleric. 

fWrit, dated June 7, 1678, signed by Ephraim Turnor,| 
for the court, and served by Joseph Webb, J marshal of Suffolk. 

Paull White's bill of cost, 3H. 7s. 

Daniell Lunt, aged about thirty-six years, testified that 
about sixteen months since he delivered to Clemant Gross 
of Boston, 100 bushels of malt on account of Capt. Paull 
White of Newbury, for which he was to give Capt. White 161i. 
in money. Sworn in court. 

Tho. Woodbridge and Anne White deposed that the wife 
of Climent Gross owned the receipt of the malt. Sworn in 
court. 

Letter of attorney, dated June 24, 1678, given by Paul 
(his mark) White|| of Newberry to Anne White. Wit: Tho. 
WoodbridgeJ and Hugh March. f Acknowledged, June 24, 

X Autograph. § Autograph and seal. || Seal. 



32 SALEM QUARTERLY COURT [June 

Edmond Bridges v. Mr. Edmond Batter. Defamation. 
Verdict for defendant.* 

1678, before Jo. Woodbridge,t commissioner. Mrs. White 
impowered Mr. Tho. Woodbridg to appear as her attorney, 
25 : 4 : 1678, in Salem court. 

*Writ: Edmond Bridges v. Mr. Edmond Batter; defa- 
mation, for saying that plaintiff was the leader of a factious 
company in Salem and that it was their design to overthrow 
all order and government in this town of Salem, also for say- 
ing that the plaintiff was the cause of all the mischief in Salem; 
dated 20 : 4 : 1678; signed by Hilliard Veren,t for the court; 
and served by Henry Skerry, f marshal of Salem, by attach- 
ment of land of defendant. 

Edmund Batter's bill of cost, 21i. 5s. 8d. 

Francis Nurs testified that he heard Mr. Edmund Batter 
make these charges, etc. Sworn, 21 : 4 : 1678, before Wm. 
Hathorne,t assistant. 

Isack Cooke, aged about thirty years, deposed that in a 
public town meeting in Salem the past spring, he heard Mr. 
Edmond Batter make these charges, etc. Sworn, June 26, 
1678, before Daniel Denison.f 

Jacob Town and John Hobb testified that Edman Bridgis 
of Salem above fifteen years ago when he was a dweller at 
Topsfeld, was allowed as a voter there and his estate was 
such as made him a voter by law in those times. He also 
opposed those who did not have liberty to vote by law. He 
took the oath of fidelity at Mr. Baker's house before the 
Major General Denison about twelve years since. Sworn, 
June 26, 1678, before Daniel Denison.f 

Jno. Marston, aged about thirty-seven years, testified that 
"at our towne meetings for the choice of select men & Con- 
stables this Last spring Edmund Bridges did Appeare very 
turbulent & factious & ofencive In his speeches & espetialy 
to m"" Batter who blamed him for his disorderly speeches: 
but was Answered by sd bridges I know I stick In sum of 
yo'' eies I had Rather stick In you'' throats: with many 
other disorderly speeches att severall times: till at Last I 
heard m'' batter only say unto said Bridges that he and such 
as he was are the cause of this mischeif: for I doe teastifie 
that the sd Bridges did Apeare In his actions as cheif or head 
of those that had noe Libertie by law to voat." Sworn in 
court. 

Samuel Gardner, sr., testified that at the meeting there was 
much disorderly proceeding in the voting of many who were 
not qualified according to law to do so. Being reproved by 
one of the commissioners. Bridges replied, "you did for your 

t Autograph. 



1678] RECORDS AND FILES 33 

Siprian Steephens, attorney to Henry Willard v. John 
Blany. Verdict for plaintiff.* 

friends last year wee will do for ours this year." Sworn, 
June 25, 1678, before Daniel Gookin, sr.,t assistant. Samuell 
Gardner was not present in court when the case was tried. 
John Putnam testified to the same. Sworn in court. 

Willm. Dounton, aged about forty-eight years, and Henry 
Westt, aged about forty-nine years, deposed that at several 
Salem town meetings, Bridges was the leader of a disorderly 
company, showing a bold and impudent behavior. He said, 
"do you think to make doggs of us wee will not be made 
doggs of." Owned in court by said Bridges. 

Thomas Preston, aged about thirty-five years, testified 
that he heard Mr. Edmund Batter say that Edmund Bridges 
was the ringleader of the company. Deponent also testified 
that being generally at town meetings, he never heard Bridges 
speak before he had asked leave of the moderator, because 
he wished to prevent disorder, as he told deponent. Sworn in 
court. 

Barthol. Gedney, aged about thirty-eight years, testified 
that being present at their general town meeting in March last, 
there being many in attendance, etc. At the next meeting 
to choose selectmen, four of those elected having declined to 
serve. Bridges hindered the settlement and the meeting was 
broken up and the town left without selectmen for a considerable 
time. At the next meeting, upon appearance of more disorder 
in voting, it was moved by several of the freemen that they, 
together with those who had a right to vote, should vote on 
the matter. Sworn in court. 

*Writ: Cyprian Steepens, attorney to Henery Willard 
V. John Blanne; for withholding a pair of sufficient oxen, 
and for rent for the same; dated May 6, 1678; signed by John 
Fuller,! for the court; and served by John Ballord,t constable 
of Linn, by attachment of marsh of defendant. 

Mr. John Blayne's bill of cost, 21i. 5s. 

Benjam. Muzzy, aged about forty-eight years, and Cyprian 
Steevens, aged about twenty-eight years, deposed that being 
desired by Mrs. Willard to appraise the oxen that Tho. Farrar 
and John Blayne drove away, they judged them to be worth 
twelve pounds. Sworn in court. 

Agreement, dated Aug. 3, 1676, between Jno. Blanyef and 
Henry Willerd,t that said Blanye should hire a pair of oxen 
for 12s. until the last of the next April, when they should be 
returned to Willerd; if he kept them another year, he was to 
pay 16s. in money. Wit: Benjamin Muzzyf and Richard 
(his mark) George. 

t Autograph. 



34 SALEM QUARTERLY COURT [June 

John Dodg v. John Roberts. Verdict for plaintiff.* 
Joshua Boynton acknowledged judgment to Mr. The. 
Woodbridge.j 

Mr, Hilliard Veren, jr., attorney to Mr. Edward Merry- 
wether, haberdasher in London v. Daniell Turell, jr. Debt. 
Verdict for plaintiff.J 

*Writ, dated June 19, 1678, signed by Thomas Riggs,§ 
for the court, and served by William Sargant,§ constable of 
Gloucester, by attachment of two guns, a fowling piece and a 
musket belonging to defendant. 

John Dodg's bill of cost, 21i, 8s. 3d. 

Hudson Leverett§ deposed that one John Roberts came 
to him in the street in Boston on Thursday last and told him 
that John Dodg of Salem had sued him for nonpayment of a 
bond, and that one John Cleere was a witness but the other 
witness was not in Salem. He also said that the shallop was 
never delivered to Roberts, etc. Sworn in court. 

George Page, aged about thirty-six years, deposed that 
last March being in the company of John Dodg in Boston 
with John Robartts on board of the lighter called the Bettye, 
he heard Mr. Dodge say to mate Roberts "I will now giue you 
Posetion of the loytor or boate yt is Now in Controversye." 
Roberts replied, "Sir I haue now possetion annuffe and I 
desier noe more." Both said they were satisfied. Sworn in 
court. 

Bond, dated 10 : 9 : 1677, given by John (his mark) Rob- 
ertsll of Glocester, boatman, to John Dodge of Salem, for 
91i. 15s., to be paid at Dodge's house, which is for three eight 
parts of the Betty, lighter or shallop, which Dodge sold to 
Roberts. Wit: John Greene§ and John Clear, jr. § Sworn to by 
John Clear, jr., June 20, 1678, before Edward Tyng,§ assistant. 

fBond, dated Mar. 12, 1677-8, given by Joshua Boynton§ 
to Thomas Woodbridge, for 91i. in pork, malt or beef. Wit: 
Laurence Hart§ and Joshua Richardson. § Sworn to, June 24, 
1678, by Joshua Richardson, before Jo. Woodbridge,§ com- 
missioner. 

Writ: Thomas Woodbridge v. Joshua Boynton; for with- 
holding payment of a bond; dated June 17, 1678; signed by 
Jo, Woodbridge, § commissioner; and served by Joseph Pike,§ 
constable of Newbery, by attachment of the dwelling house 
and land of defendant. 

JWrit, dated Apr. 18, 1678, signed by Hilliard Veren,§ for 
the court, and served by Henry Skerry, § marshal of Salem, 
by attachment of house and land of defendant. 

§ Autograph, 1 1 Seal. 



1678] RECORDS AND FILES 35 

Daniel Turel of Boston jr., Dr. for a parcel of Goods re- 
ceived from Edward Merry wether in London, May 28, 1670: 
To soe much then received first Cost in England, 441i. 18s. 
5d.; to interest from May, 1670, to May, 1678, . 

John Price, aged thirty-two years, and Hilliard Veren, aged 
twenty-nine years, testified that being in Boston in company 
with Daniel Turel, jr., about seven months since, Hilliard 
Veren demanded the debt of 441i. 18s. due from him to Edward 
Merrywether of London for a parcel of goods received of said 
Merrywether in London about eight years since, etc. Sworn 
in court. 

Letter of attorney, dated Aug. 15, 1677, given by Edw. 
Meriwether,* citizen and haberdasher of London, to Hilliard 
Veren of Salem, merchant. Wit: Wm. Hirstf and Deliver- 
ance Parkman.f Acknowledged in court. 

Letter of attorne}', dated Boston, June 22, 1678, given by 
Daniell Turell, jr.,* to Mr. Hudson Leveret of Boston, mer- 
chant, said Turell being "so much an honorer of autheritie, 
espectially such good power as is over us I meane our honord 
Governor & the honord Magistrats of the Massachusets 
Coloney of w'^h I am an Inhabitant. And by reason of the 
multiplicitie of my busines & the smale pox being round about 
us & most in the Country being fearefull thereof, And I heare- 
ing of m'' Hudson Leveret was Coming to Salem." Wit: John 
Viall, jr.f and John Ferniside.f Owned, June 22, 1678, before 
Edward Tyng,t assistant. 

Account of Daniell Turell, jr:t Boston, Mar. 10, 1670-71, 
sold to John Meagers, merchant, upon account of Mr. Ed. 
Meriwether, in hats, which amounts to 201i. lis. at 40 per 
cent, to be paid in money Nov. 2 next; paid or left in the 
hands of Mr. Phillip French by j'our ordering, lOli. 7s. 9d.; 
the charges of the hh. hatts & the fraght, 10s. Sent by Mr. 
Greenough in the Blessing, 8 barrells of oyle, cost hear 121i. 
& it made in London, 51i. lis. 5d.; by hh. of suger by Mr. 
Bery, 51i. 4s. 

Mr. Edward Meriwether of London, Cr., by a parcell of 
hatts you sent over to New England upon your proper acount 
& consined to mee as p invoice & charges, 221i. 2 l-2d.; at 
40 per cent., 81i. 16s.; total, 301i. 16s. 2d. 

Letter, dated London, March 1, 1677: "M-" Veren yo's 
of the 10"" desemb'' came to hand the 28*^ Feb'' wherein I take 
notice that yo" haue had some trouble aboute my Conserns 
with daniell Turrill & m"" Hathorne & that yo" hope to gitt 
mee Turrills debt I haue spoken with Mr. Phillipp French 
& hee tells mee hee neuer rec. any ten pounds of Turrell one 
my Account soe that yo" may see him not to bee honest, s"" I 
desire yo*" by all means to make an end with him & what 

* Autograph and seal. t Autograph. 



36 SALEM QUARTERLY COURT [June 

effects yo^ reed to send in provissions to the Barbadoes & 
consigne it to M^ Joseph Harbyn And as for M' Heighhorne 
if yo" gett any provissions from him to send it also but if 
hee bee not in A conditioned take his Ingagment for what 
tyme yo^ thinke fitt & for yo"^ care & trouble in this conserne 
I am willing to giue yo" full satesfaction to content wee are 
licke to haue troubles this year for all discourse here is warrs 
with France the parliment is now setting & haue giuen the 
Kinge 1,000,00011. for to sett out 90 sayle of shipps & to rayse 
an Armey God send good succes pray p^sent my very kind 
love to M' Hurst whose letter I haue reed thus returninge 
yo"" very many thanks with my respects rememb^ I remayne 
yo' este^ Loving Freind Edw. Meriwether.* pray S"^ cause 
the inclose to bee deliuerd." 

"M^ Daniell Turrell I haue written many letters to Littell 
purpose for the monyes that haue ben longe due to mee for 
that I haue giuen m' Hillard Veren of Salem A letter of Attor- 
ney to reed which is due to mee it is now aboue 7 years sence 
yo" had the goods & doe Exspeet to pay Intrest for 6 years 
all that I haue reed is in oyle & suggers all Charges deduckted 
came to 10" 15^ the goods yo" had of mee came to 44^' 18^5 
soe there is due to mee 34" 3.05 besydes the forbarance 
therefore I desire yo" will make m"" Verine satesfection & 
his reseite shall bee yo^ discharge thus with my love remb"- 
I rest 

"yo'' Lo: Freind 

"London 13 Aug 1677. Edw. Meriwether.*" 

"M" Turell yo^s I haue reed doe wonder yo" did not reed 
myne sent yo" last yeare I haue by the last shipps sent yo'^ 
An Account of the sales of yo"" oyles which came to a bad 
Margett but it was out only yo'' conditioned but many others, 
S' what remaynes due to mee if yo^ please to pay to m"^ Phillipp 
French now att Boston hee shall giue yo" A discharge pray 
giue him An Account of the produce of the pcell which was 
sent in halfes & for the tyme to come if yo" thinke fitt shall 
haue further dealings with yo": yo"- oyles came to me more 
then 5" 11^ 5^ all Charges taken of this with my kind loue 
remb' I remayne 

"Yo"" very Lo. Freind 
"London 2 May 1672 Edw. Meriwether.*" 

"S"" yo" knowe the pcell yo" had by invoyce came to 4 : : 5 
the one halfe I Adventurd the other yo" bought soe that I 
haue reed only the aboue sayd some of 5 : 11 : 05 soe remayns 
16" 09*00 one yo' Account for the one halfe. Vale, E. M." 

Hilliard Veren's bill of cost, 21i. lis. 2d. 

* Autograph. 



1678] RECORDS AND FILES 37 

John Witt was sworn constable for Linne. 

Capt. Tho. Marshall, Capt. Richard Walker and Mr. Tho. 
Laighton were sworn commissioners to end small causes for 
Linne.* 

Sarah Hathorne had her former license renewed for the 
year ensuing. 

Samuell Shattock and Richard Reafe had license to retail 
strong waters out of doors. 

Richard Reefe, Frances Girdler, Benjamin Parmiter, Wil- 
liam Bartoll, Edward Read, Mr. Timothy Lindall and 

Cloyce took the freeman's oath. 

Whereas Robert Dorton left by will 251i. to several persons, 
John Ring, Edward Deare, Phillip Welch and William Dan- 
ford, and said Dorton having been out of the country these 
four years and a half and not heard from, court ordered that 
Edward Deere have lOli. and the other three, 51i. each, Deere 
to pay the charge of settling the estate. Each was to give 
security in case said Barton should return.f 

*They were chosen at a general town meeting at Linn, 
May 21, 1678, and presented to the court by John Ballord,i 
constable. 

fPetition of Edward Dear, William Danford and Phillip 
Wealch: that the court would take cognizance of a "verbal 
will, or Guift madde by Robert Dorton which will be proved 
now at court; the manner is as foUoweth, Robert Dorton 
hauing some estate to the value of twenty five pounds in 
good specias, which he left in the hands of John Ring, and 
ordered it so, that if he came not here within the space of 
three years, then he willed the said summe with the use thereof 
to four of his countrymen. Namely Edward Dear, William 
Danford, Phillip Wealch, and John Ring, and that perty of 
the four that was in most need at the three years end, he was 
to haue ye bigest share; Now it is allmost six years sinse. the 
said Dorton went out of thes Cuntry." 

Edward Neiland, aged thirty-eight years, and Elizabeth 
Dear, aged upward of fifteen years, deposed that they asked 
Dorton a year after he made this will if he still wished the 
same carried out and he said he did. Also that the bill which 
Dorton had of John Ring for the money, he had committed 
to William Danford. Sworn, June 20, 1678, before Daniel 
Denison.J 

Edward Allin and Killicrist Ross testified that they being 
in Goodman Sparks' orchard where John Ring was, heard 

t Autograph. 



38 SALEM QUARTERLY COURT [June 

Ephraim Fellowes, being complained of for cutting down 
the bridge of Nathaniell Jacobs, and he owning his absence 
from training at that time, was ordered to pay a fine to the 
country of 20s., and repair the bridge within a fortnight.* 

Six men were appointed to lay out a cart way betwixt 
Reding and Salem, to be done in a month, the meeting place 
to be at Salem as such time as Reding men should appoint. 
They were Mr. John Hathorne and Eliezer Giles of Salem, 

the latter say he had the money in his hands, etc. Sworn, 
June 20, 1678, before Daniel Denison.f 

*Sarah Jacob, aged about thirty years, testified that being 
at her brother Nat. Jacobs' house and hearing a chopping, she 
went down to the bridge, where she saw Ephraim Fellows 
cutting upon the bridge and he did not answer when called 
but hastened homeward. Sworn in court. 

Nattll. Jacob'sf petition: that he "hath lately bin most 
unreasonably and unrighteously treated by some of my neigh- 
bours, and that to my uery great Damage in cutting downe 
my Bridge, and obstructing the passage for my cattle to goe 
to pasture and that without any just grounds or reason, and 
allso having just cause to feare and suspect further violence 
and mischief to bee compassed and wrought against my 
family and estate by the sayd person or persons. . . . The 
injuryes and wrongs that I haue suffered being of such a 
nature 1| as hinders my Cattle from going to their dayly pas- 
ture II and done at such a time, that I suppose will bee ac- 
counted as well A Breach of the ciuill peace and order estab- 
lished here amongst us, as an intollerable Damage to my 
selfe. The person I principally intend in this my complaint 
is Ephraim Fellows, who (I hope) I shall make it appeare by 
Testimony and circumstances, hath thus wronged mee, and 
that upon y^ last Trayning Day when hee ought to haue bin 
otherwise occupyed but y* he knew it was too little time for 
me to haue a tryall now," etc. 

John Appleton, sr., and John Whipple, sr., testified that the 
last second day the troopers were called together to exercise, 
and Efrem Fellis was absent when the troop was drawn up in 
the afternoon and came and desired to be excused from a fine. 
He said he had been at home at his farm upon urgent occasion. 
Deponents also testified that Efrem Fellis wore blue linen 
breeches on that day. Sworn in court. 

Summons, dated 26 : 4 : 1678, to witnesses, Thomas Jacob, 
Sarah Jacob, Joseph Jacob and John Pengille, signed by 
Hilliard Veren,t cleric. 

Ephraim Fellowes' bill of cost, Hi. 6s. lOd. 

t Autograph. 



1678] RECORDS AND FILES 39 

Mathew Edwards and John Weston of Redding and John 
Pearson and Seargt. William Bassett of Linne. 

Thomas Purchas dying intestate, and a writing having 
been given in as his will,* in which his son Thomas was named 
as executor, court granted administration to Elizabeth, the 
relict, and son Thomas, who were to bring in an inventory to 
the next Salem court. 



*Will of Thomas Purchas,t dated May 2, 1677: "Excepting 
all my siluer plate, which I intend to dispose of my selfe, I 
giue & bequeath All my goods. Chattels, houses & Lands 
(If any standing) one third part unto my welbeloved wife 
Elizabeth Purchase, And two third parts of my said estate 
viz* Goods, Chattels, houses, & Lands, I giue unto my fine 
children equally to be devided amongst them. And as for the 
third part which I haue giuen to my wife my will is that it 
shall Returne againe unto my fine children |1 after hir de- 
cease II equally to be devided amongst them. And as for the 
supervisors of my will I doe desire my welbeloved friends 
M'' Henry Jocelin my cousine M'' Olliver Purchase of Hamer- 
smith, & my cousine M"" Edward Alline of Boston, And as 
for theire Labour & paines herein I doe giue unto each of my 
said overseers, twentie shiUings a peece to be payd vnto them 
in Currant New England siluer by my sonne Thomas Pur- 
chase, whome I doe appointe & ordaine to be executor." 
Wit: George RobinsonJ and John Ferniside.| 

Inventory of the estate of Mr. Thomas Purchas, sr., who 
deceased in Linn, May 11, 1678, aged 101 years, allowed, 
25 : 5 : 1678, in Salem court, upon oath of Elizabeth, the relict: 
to a parcell of Land at Pechepscot containing about 1000 

acres more or less, ; a mare & mare Colt, Hi. 10s.; one 

Cow & 2 Calves, 31i. 15s.; a Sylver tancker, 31i.; a Sylver 
Cupp, att lib. 10s. given to his sonn Thomas before his de- 
cease. Hi. 10s.; a Sylver dram Cupp, Is. 6d. & a broaken 
Sylver spoone att 3s., 4s. 6d.; 2 shirts & 2 p. of drawers, 12s.; 
on bolster tick & a feather bed. Hi. 16s.; 2 fether beds & 2 
bolsters, 4H. 10s.; 4 pr. of pillowbeeres. Hi. 15s.; one pr. of 
wrought pillow berers and Cubbott cloath, 12s.; a diapar 
table Cloath & towell, 7s.; 5 sheets, Hi. 10s.; 5 table Cloathes, 
31i. ; 20 napkins. Hi. 5s. ; 2 old Coates & 2 pr. of Bretches, one 
dublett, one pr. of drawers, 12s.; 3 baggs, 3s.; 7 old sheetes. 
Hi. 10s.; 3 white Blancketts, 15s.; 5 pillowes, 3s.; 4 Ruggs, 
2H. 10s.; one Coverlede & 5 old Blanketts, Hi. 5s.; one great 
byble & 3 other bookes, 16s.; 4 Brasse KitHes, Hi. 10s.; 2 
sives att 2s., one iron pott, 4s.; 3 wooden dishes, 3s.; 4 pewter 
Dishes, 14s.; 6 old pewter vessells, 12s.; 2 old sckilletts, a 

t Autograph and seal. t Autograph. 



40 SALEM QUARTERLY COURT [June 

[Sergt. Wm. Nick, Sergt. Samll. Morgin, Richard Oliver, 
John Furbush and James Denes testified to the paper that 
refers to the fence, and James Denes, Richard Oliver and 
William Nick testified to what they saw and heard in the 
house. — Waste Book.] 

The relict of Richard Richards, deceased, brought in an 
inventory* of her husband's estate and was sworn. 

ladle & sckimer, 6s.; one Brasse Chaffin dish, 4s.; one warm- 
ing pan, 5s. 6d.; one old Chest, 3s.; one Spitt, 4s.; one old 
Blanckett, 5s.; old trunck, 5s.; one Chare, Is.; total, 351i. Is. 

Account presented by Samuell Pike of the charges and 
disbursements concerning Mr, Thomas Purchas, deceased, 
and his four children: For Mr. Thomas Purchas's diet seven 
months, 5Ii. 13s. 4d.; two children's diet a year and a half, 
241i.; one child's diet a year, 81i.; one child's diet a year and 
a quarter, lOli.; wintering a mare & colt. Hi.; charges for his 
funerall, Ih. 16s. 8d.; total, 50H. 10s. 8d. Received of Mr. 
Thomas Purchas: att one time 20 bushell of Indian corn att 
5s. 6d. a Bushell, 21i. 10s.; att another time tenn bushells of 
Indian corn, Hi. 5s.; In Linen & wollen cloth. Hi., 41i. 15s.; 
total, due, 451i. 15s. 

Petition of Elizebeth Purchas,t widow of Thomas Pur- 
chase: "your petitioners husband being an hundred & one 
yeares of age. Deceased aboutt fiue or six weekes since att 
Lynn, who left behind him besides your petitioner fiue Children 
to bee prouided for. And butt Little or noe estate haueing 
lost most of what he had by y^ Indians to the East-ward, Butt 
itt pleased him to make a Will wch. wee here withall present 
unto y'' Honours, in which will he made his Eldest sonn Thomas 
Purchas his executtor, who by reason he knowes nott how 
much his father was indebted, butt knowes his father left 
little or noe estate behind him besides a parcell of Land to 
y^ Eastward, and being a young Man is fearefull to accept 
of y^ executtorship for feare of involveing himself into many 
troubles. And your petitioner understanding that y^ law re- 
quiers either some executtor or Administrator to bee approued 
of by y® next court in y® countie where y*" partie Deceased, 
Humblie suppHcates this Honord Court that by reason that 
he that was appointed executtor refuseth to Accept thereof, 
humbly requesteth that this Honord Court would be pleased 
to grant letters of Administration to her and her sonn Thomas 
or otherwise to order & settl y* little estate that is, as in y'' 
wisdome you shall think meet." Elizebeth Purchas,t Thomas 
Purchase.! 

*Inventory of the estate of Richard Richards, deceased, 

t Autograph. 



1678] RECORDS AND FILES 41 

Upon complaint against several persons in Marblehead for 
opposing or abusing the military officers in the execution of 
their office, John Codner, and Peeter Harling and his wife 
were fined. [Wm. Bacheler was ordered to appear at the 
next court. — Waste Book.]* 

appraised June 25, 1678, by Edward Flintf and Richard 
Croade,t and allowed, 28 : 4 : 1678, upon oath of the widow: 
in ye lower room, a Feather bed & Bolster with y^ Bedsteed, 
a Rug and ye Furniture being old, 31i.; a Table & Forme, a 
chest & 2 Boxes, Hi.; 4 old chaires, 5s.; An old Iron pott, 3s., 
an Iron kettle, 8s.; 2 Iron hakes, 6s., a paire of Tongs & fire 
shovell, 4s.; A Fryeing pan & Brass skillett, 4s.; A grid Iron, 2s., 
an old smoothing Iron, & 2 heaters, 2s.; 4 old pewter platters, 
8s.; 2 Jarrs, 2s., 5 Cheese Fatts, 18d.; 4 Woodden Boles & 3 
Trayes, 5s.; An old Broken woollen wheele, 6d., an old Lynnen 
wheele, 2s. ; 6 old Trenchers & 3 old earthen potts. Is. ; an old 
ax. Is.; an old paire of cards, 6d.; in the chamber. An old 
bed, an old Bedsteed & Furniture to y* Bed, Hi.; A horse 
coller, a paire of hames & a cart saddle, 3s. 6d. ; an old rideing 
saddle without stirrops or girts, 4s.; A peece of Tarrd roape 
& some old Iron, 5s.; 3 old Tubbs, 2 old Trayes & old Troff, 
3s.; An old hoe, 18d., an old paire of wheeles & cart with y^ 
Appertenances, 16s., 17s. 6d.; total, 91i. 8s. 6d. 

*Summons, dated June 27, 1678, for the appearance of 
John Codner, William Blacklook and Peter Harleng, for 
refusing to show their arms and otherwise abusing or threat- 
ening the officers, also to witnesses, Sergt. William Nicks, 
Samll. Morgin, Corp. John Furbush and Richard Oliver, 
signed by Daniel Denison,t and served by William Woodes,t 
constable of Marblehead, who returned that he could not find 
William Blackle, he being at sea. 

John Codner's bill of cost, 13s. 

"whear as wee whose Names are under written Beeing 
sent out By o"" Chife offesers to assiste The Clerke for gather- 
ing of fines and see how men wear prouided with armes wee 
coming to Better Harlines House The man being not at home 
The Clerke Required to see His armes and amanition His 
wife shewed Her Husbands armes but could not as shee s** 
shewe Her Husband amanition because it was In Her Hus- 
bands Chest. The Clerke asked the woman for Her Husbands 
fine for Neglecte of Trayning shee Refused to paye It. The 
Clerke s'^ hee would straine Her goods If shee had not money 
To which shee sd: If yo" touch any goods of mine I will knoke 
out yo"' Braines wheare upon she thurst The Clearke of and 
hee Required Sarg'' Nicke To assist Him which hee did and 

t Autograph. 



42 SALEM QUARTERLY COURT [June 

William Hoar and his wife, Goody Harris and Goody John- 
son, being under great suspicion of receiving stolen goods of 
Margarett Lord, Mr. Hale's maid, and several things proved 
by several witnesses of giving entertainment to Mr. Hale's 
servant and having stolen goods found in some of their houses, 
were to pay costs.* 

the Gierke tooke a pewter dish for The fine: soe shee gave 
many Railling words and went awaye Towards Night wee 
came to John Codners and the dore was Shutte and Then to 
w'" Blakelers House the dore was Drawen Home but seeing 
John Codner and w°' Blakeller In there fish fencs whene wee 
wente In To The fences and the first man the Gierke spake 
too was W" Blackellor of whom The Gierke demanded To 
see His armes and amonicco which he Refused to doe and 
to paye His fine where upon The s<* Blackellor Galled Him 
pittifull fellow and picking fellow and Lousie fellow and 
pimping fellow and so did his wife the like with many angry 
words Then The Gierke went to John Godner to demand To 
see his armes and Amunition and His fine John Godner s^ 
That he would Not shew his armes To him Nor any man 
alife and s^ wee are Brought to a braue passe to be ordered 
By such a pittifull fellow as thee and after many abusiue words 
more of about Halfe ours Time of these too: Fetter Harling 
and His wife beegan to Rail on the Gierke and sd: he should 
haue his Hearts Blood If he had ben at Home before hee 
should Take any thinge of his for his fine and Like wise his 
wife threttened to doe The Gierke a mischeefe bee fore Shee 
went out of the Gontry Theay beeing Boath at this tim In ye 
fencs aboue me." Wm. Nick, Sam. Morgain, Richd. Oliver, 
John Furbish and James Denis made oath to what refers to the 
fence and Denis Oliver and Nick to what was done in the 
house. Sworn in court. 

*Gomplaint, dated June 28, 1678, of John Halef of Beverly: 
''I have found my late maide servant Marget Lord m the 
latter part of her time exceedingly adicted to lying & very 
obstinate to stande in her lyes: & my wife desiered to putt 
her away saying it grieved her to keep such a lyar in her house 
yet she was retained in hope of her reformation till shee ran 
away. I beeing gon a journy came home March last ye 21'* 
when I understood Marget had run away & was returned & a 
bundle of things found gotten by ye sd Marget without o-" 
knowledge or consent which beeing enquired into shee gave 
account of about 40 shillings in money shee had layd out as 
shee said, the last of w=^ mony shee said was layd out by her 
about eight weeks before shee ran away & strongly affirmed 

t Autograph. 



1678] RECORDS AND FILES 43 

shee had had no mony in about eight weeks before shee ran 
away. Yet Goody Hoar owned yt Marget threw a shilling 
into her lap to give her yt week shee ran away I| wch good 
Hoar said shee returned to her out of dores||. Upon counting 
my mony I found between ye 4*'' of January last & ye 23 
of March I missed out of my box twenty three shillings & ten 
pence gon || I knew not how.|| As to my childrens evidences 
I say in many of ye things they were asked severally one not 
knowing what ye other said & yet agree in their sayings neither 
had they any opportunity to know, that I can understand 
yt wch severall others have since affirmed to strengthen what 
they affirme as y'' Hoars Chilldren & others I have observed 
the last winter Samuell, Tabbie & Nancie Hoare to hang so 
much about our houses y* in my minde I suspected they came 
to steale & spake of it. 

"I remember ye day my maid Sarah came to borrow a 
six pence in the Tabbie Hoars name & wondred at it. As 
for ye Key said to bee used by Marget unbeknown to us I 
remember a little before Marget ran away I found such a key 
wch apeared to bee newly dropt without ye dore, fresh & 
bright as a key in dayly use. I supposing it to bee ye key 
of ye seller my wife had in use I gaue it to her. As for pease 
I had a parsell in an hoggshedd w''^ by my book wete 4 bush: 
& a halfe but when measured there wanted about three pecks 
before I ordered any of them to bee used I have strangly mist 
mony divers times out of my box before ye 4*^ of January 
I suspect pounds but cannot tell what sum exactly to pitch 
upon. I have heard my wife speak offen before Marget ran 
away y* her malt went away shee knew not how." 

Search warrant, without date, for apprehension of Mar- 
garet Lord, who had hidden herself, signed by Daniel Denison,* 
and served by Thomas Rix,* deputy marshal of Salem, who 
returned that he could not find the party. 

Warrant, dated May 31, 1678, for apprehension of Dorcas 
Hoare, Mary Harris, Elizabeth Johnson and Anis Hoare, 
for receiving stolen goods, such as flour, malt and oatmeal 
from Margaret Lord, signed by Daniel Denison,* and served 
by John Blacke,* constable of Beverly. 

John Hale* of Beverly, aged about forty-two years, testified 
that "when I coming from a journy ye 21 of March last & 
understood my late servant Marget Lord had run away & was 
returned ye very next day Goody Hoar came to me & in a 
strange way did pleade to excuse Marget for her night walk- 
ing & oth'' misdemeanors then discovered, agen ye Saturday 
night following viz ye 23*^ march Marget was wanting till 
late at night & Goody Hoar confessed shee had been with 
her allso ye sabboth following as I was told Margett went 

* Autograph. 



44 SALEM QUARTERLY COURT [June 

out of ye meeting in ye time of publick worship & goody 
Hoar owned || to me || shee was then w**" her or at her house 
upon suspicion I had of Goody Hoar I sent to speak w*^ 
her; shee owned yt Marget gave A shilling into ye said 
Hoare's lap a day or two before she ran away shee beeing in 
my house : shee owned shee knew of wheat & suggar yt Tabbie 
Slew had wch might come from my house & I thinke a few 
appls: but denyed to know of oatmeale, hopps shee owned 
an handfuU but said shee sent to my wife for ym (by as I 
understood her daughf Nancie) pease shee said shee had 
none of o^'s for shee could not eate any pease & they had no 
other for yr family but w* they bought of Mr. Higginson. 
ye malt for ye wedding beare of Tabbies shee said her husband 
hoar bought shee solemnly professed y* shee would never 
more have to doe with Marget Lord, yet I am informed yt 
since yt time Marget hath been twice at her house & w*'' her 
chilldren; viz when Jo. Cooke went away as its said & another 
time since about ye middle of May. Goody Hoar allso Affirmed 
strongly to mee yt Marget Lord was never within her dores 
but once (I understood her while my servant) except when sent 
of an arrant by her mistriss." 

Rebeckah, wife of M' John Hale of Beverly, testified that 
she took account of Marget's clothes and some of them, the 
latter could give no account of and others she had removed 
from their accustomed place, whereupon "I thought shee 
had some evill design, & I took some of her cloaths & lockt 
them up in my husbands chest. Afterwards shee carryed it 
so stubbernly yt I had feares what her designes might bee so 
y* I lookt for ye knives & what I found I layd by for I had 
feares what ill intention shee had to me & my chilldren. The 
next morning my maid was gon, my husbands chest unlockt, 
most of ye cloaths I putt in taken from thence & another 
trunk & cupboard opened wherin were cloaths of valew. 
When shee was asked at severall times about a paire of lawn 
sleeves & a silk hood, shee said her brother gave her ye lawn 
& ye hood, yet after owned shee bought them of other persons. 
As for other things shee had without my knowledge I knew 
nothing of it I was told of it by others. As for money shee 
had of lodgers at my house, she layd it out so needlessly yt 
I have blamed her for it, so yt I cannot rationally conceive 
shee could have above ten shillings layd out upon ye things 
gotten without my knowledge, but yt ye rest must be gotten 
some other ways.*^ As for ye key of ye sellar my chilldren 
spoak of I remember yt some time in winter one came & told 
me yt Marget said shee had lost ye key of ye sellar & I fetcht 
another yt would fit ye Lock Diverse things I missed before 
Marget ran away, as malt, hopps & butter, suggar & mony 
& other things. Diverse other things I missed not till ye 



1678] EECORDS AND FILES 45 

chilldren told mee yt Marget disposed of them & thereupon 
I made a search & miss them, as gold, corrall, orient pearl, 
amber, eloath, silk, &c. More particularly I miss according 
to my best understanding of mony two shillings six pence 
kept under lock: of malt to speak with ye least three bushells 
of Indian in corn & meale I miss this last winter & spring 
at least fower bushells if not more according to my best under- 
standing, butter twelve pound or 20 lb, suit five pounds suggar 
twenty pound if not A quarter of hundred Rye meale a peck 
I suppose more, hopps a pound, at least, wheat meal, bushell 
I suppose more, two or three cheeses of all or halfe new milk, 
wch I taxed Marget with above six weeks before shee went 
away: oyle, sope, candles, tow, I wondred how they went 
away & have questioned Marget about such things. As for 
apples of ye ordinary sort I have lost; but reckon not — of 
my choycest apples I miss two or three bushells. Of bugle- 
beads 3 or 4 shillings worth of ye choycest colours. Of black 
linsie woolsie eloath a yard & halfe at halfe a crown a yard; 

out of a peice of stuff of seaven yards bought of M' 

Higginson w'=^ is 4 shilHng upon his book by ye yard, as under- 
stood, I miss a yard. Allso I miss a gold frame for a w*^ 

about 3 yards of lace worth a shilling & some & about 

an ounce of Sieve & Naples silk or more: Of & orient 

pearle a necklace yt would goe twice round my daughters 

neck, & allmost all lost & a necklace of Amber allmost 

all lost. My pease I saw measured & they wanted about 

three or four bushell & a halfe, & I ordered none of them 

used. . . . The chilldren showed me a stone they said Marget 
weighed sope to Nancie Hoar with; I weighed ye stone & 
it weighed five pound. I farther say I never ordered candles 
to bee layd on ye chees-press, or oyle this winter to be putt 
into a tubb, or cheeses into ye oven. On ye fast last after 
Mr. Shepards death I not beeing very well stayd at home, & 
sent Marget to meeting & about half an houre after people 
were gon I stept out & found Marget in ye cow-house: this 

is ye fast on W^ its said trimed ye gloves & spovyld ye 

well. I remember when Stockman lodged here ye last fall, 

shee told me shee handkercheif & lookt for it & said 

shee could not fynde I remember I kept my bugle beads 

under Lock & key In relation to a passage in Deborah 

Morgans evidence Turkie I doe remember a roost fell 

on a Turkie & killed but I took no mony of Marget for 

it." Sworn, May 31, 1678, before Daniel Denison.* 

List of other articles stolen not mentioned before, certified 
to by Rebeckah Hale*: "1. I lost while Mary Morse was 
my seruant a Pigg as shee the said Morse hath witnessed 
worth I judge 15^ 2. After Marget Lord returned from 

* Autograph. 



46 SALEM QUARTERLY COURT [June 

her running away, I asked her for a silk hood y* Margaret 
used to ware; she told me it was lost, And according to my 
best obseruation this was the silk hook, the constable said was 
found upon search at Mary Hariss house. 3. I challenge 
the two bottoms of Naples silk which the constable said was 
found in Goody Hoars box, & haue others of the same sort, 
& Judge y* to be part of the quantity of silk I lost out of my 
box. 4. According as Tabbie Slew hath confessed I haue 
missed fruit & spice, I reckon worth three shillings or more. 
5. I remember y* Goody Hoar owned that Marget threw 
into her lap a shilling in my house, which shee said shee after 
gaue Marget againe without dores. 6. I sold noe oatmeale 
to Goody Hoar since last march or february most a twelve 
month & then but halfe a peck." 

Rebeckah Hale, jr., testified, "I haue known of the naughty 
doeings of our maid marget lord a great while but I was afraid 
to tell my mother of them least marget should kill me for shee 
threatened Iff I told of her tricks shee would burne mee with 
the marking Iron and that shee kept a rope in the hay to 
hang mee with Iff I told and many tymes held mee over 
the well to affright mee and once shee put mee into the bucket 
of the fore well and lett me down to the bottom. I told hir 
that Iff shee killed me It would be discouered shee answered 
mee shee would burn my body in the fire I told hir I had heard 
of murthers of chilldren that weere discouered. Shee said 
that was in England but it could not so easily bee discouered 
heere. Shee threatend to burn Sarah with the fire pan heating 
of it in the fire. Shee said shee had a book in which shee 
Could read and call the diuell to kill Sarah: farther she said 
that a little before tabitha hoar was maried hir father being 
at home and mother abroad I saw hir giue the said Taby our 
bagg with about halfe a bushell of something in it: Sarah 
went with hir and brought back the bagg empty and said 
goodwife hoar thanks you and said it was a good halfe bushell 
marget answered it was three pecks: farther shee saith I haue 
observed allmost allwaies this last winter when father and 
mother weere abroad nancy hoar useth to Come and cary 
away aples or turnups and beere sometymes twice in a day: 
and marget kept another key to unlock the back seller door 
the last fast befor marget went away shee bound hir ribins 
upon hir gloues as she told mee and said on the same fast day 
she punched down the stones of the fore well saying I have 
made work for old Edwards and said shee threw thirty four 
stones into the back well the day after John Edwards Cleered 
it: once this winter nancy hoar said to marget hir mother 
would pray you to giue hir some oatmeale and gaue marget 
a pillow beer: after wards I saw this pillow beer in the hen 
roost with about halfe a peck of oatmeale in it: and the next 



1678] RECORDS AND FILES 47 

day I saw nancy hoar fetch it and heard hir say to marget 
this will serue mother a great while: and another tyme I saw 
taby hoar Carrie away from our hous a bagg of something 
under hir arm and something in hir lap: I haue seene often a 
strange bagg and pillow beere lie at our hous and Symon hoar 
once said that is our bagg: I saw nancy hoar Gary away a 
pillow beere with about halfe a peck in it and flower Came 
out. once this winter I saw margett in hir bed Chamber 
haue in hir hand our black linsee woolsie Cloathe at the fagg 
end and said this is dreadfuU rumpled tother end would doe 
cleuerly, if it weere not for the halfe bredth but this must doe 
and had the yard in hir hand to measure it withall: one day 
I missed out of my trunk my gold frame for a Jewell and 
two peices of lace and speaking to marget shee told mee that 
tabby hoar had the gold frame of the Jewell : after this I asked 
nancy hoar about it in our porch and nancy said that tabby 
told hir that marget gaue hir the gold Jewell: once this winter 
I saw a great bowle which I took to be goodwife hoars stand 
under our kitchen stairs full of peas which Sarah said nancy 
hoar caried away: itt was Comon with margett to say shee 
wished mother weer dead that soe shee might not be found 
out and uery offten said If euer I told of hir while shee lined 
heere shee would kill mee as dead as euer anything was: and 
offten took money from mee which people gaue mee saying 
shee would kill mee if I did not give it hir: the munday before 
marget ran away she said that at night shee would goe to goody 
harrises and when shee came back shee would pay off good- 
wife stone that old witches linnen the next morning before 
mother was upp I saw in our little garden an apron of kentin 
Cloath and a great handkercheife with spotts in it and a Lace 
cap with running strings and a Long neck cloath laced at 
each end with a black mark in the midle I knew not whose 
these things weere: but marget made them up in a bundle 
and said shee knew the neck cloath was John bills: when mrs 
Stockman lodged heere and said shee lost a handkerchir about 
three hours after Mrs. Stockman was gone marget shewed 
me a lawn handkercher and said it was mrs. Stockmans and 
said shee would speake to Sarah haskell for some lace to lace 
it with: when my grandfather Symonds lodged heere last 
winter in wet weather marget told me shee lay under his bed 
till hee was a sleepe and then tooke his purse out of his pocket 
and shewed me three shillings which shee said shee tooke out 
of his purs: about the tyme mrs. hardie lay in m'" hardie came 
hither after which time^ marget told me that then shee gott 
his handketcher and caried it into the seller and tooke a shilling 
and three pence which with other money was tyed up in it 
tyed up the rest and caried it into the hall and laid it down 
again, allso when m'' hardies Cow was heere I haue seene 
marget when shee was sent to fill the bottle with m' hardies 



48 SALEM QUARTERLY COURT [June 

milk sometymes gett the Creame off mr hardies millke and 
sometimes gett some of the milk too and when m' hardie was 
to fetch his Cow then marget would sometymes millk part 
of the millke from his Cow: when we heard grandmothers 
fan was lost marget tallked much about the fann so that I 
said to hir I beleeue you haue found it she sayd what should 
I doe with it and laughed : & the day betty hiberd was buried 
I saw tenn candles lie upon the chees press and when nancy 
hoar went away the Candles were gone: another tyme I saw 
about two quarts of oyle in a tubb in the seller which margett 
told me was for goody hoar: I saw marget another tyme giue 
tabby hoar a great lump of sugar which shee said she got out 
of the wallet and tabby bid her get hir two pound more for hir 
wedding another tyme I saw roberts sleeue he ouer the ouen 
full of sugar and marget told mee shee tooke it out of the 
Closet and said it was three pound another tyme marget 
being with tabby or nancy hoar in our kitchin they measured 
mallt and put a little abouve a bushell into their baggs and 
Symon hoar Caried it away on a hors: many times tabby or 
nancy hoar would come and Carie away Indean corn some 
tymes about a peck at a time beif suet indean meal and once 
about a peck of rie: marget told mee she tooke four shillings 
at one time out of fathers box haueing got his key : about two 
dayes before shee run away I saw a shilling in goodwife hoars 
lapp at our hous which marget said she gaue hir about a 
moneth or less before marget ran away she gaue me fiue or 
six shillings in money to Carie to william EUiot to buy hir 
a pair of white shoes. She shewed me eight shillings another 
time a httle before hir running away: one day since hir run- 
ning away Sarah ross and I being in the kitchin with marget 
my mother being in the hall marget tooke the axe and said shee 
had a good mind to kill mother I and Sarah begged of hir 
that shee would not kill my mother but I was afraid to crye 
out least shee should kill mee: marget went to the doore 
leading to the hall with the axe and said as I am aliue I will 
kill hir but then my mother being Coming toward the door 
marget said I had as good let hir alone for then I should be 
hanged for hir so my mother Came into the kitchin and mar- 
get set the axe behind the ouen Sometime after mrs Stockman 
had beene heere marget shewed mee a handercheif with lace 
on it saying it was m""^ Stockmans and I tooke it to be the 
same shee had shewed me before without lace. Marget used 
to keepe butter in the sheeps hous and in hir coat: I saw 
margett take bugle beads three or four tymes a box full at 
once out of mothers trunk that used to be lockt. And this 
winter marget said shee had a good mind to gett a sheete 
and a shift for goody hoar: I saw marget giue sam hoar of 
that sillk my mother calls sleaue sillke a parcell that shee 
made an hatband of and gaue some more to nancy hoar: 



1678] RECORDS AND FILES 49 

the day before marget lord ran away she said shee had a good 
mind to burn goody stones hous and shee knew goody hoar 
would helpe hir and burn the old catted baud to the heart 
and then shee would haue some thing ells to doe then to tell 
of hir AUso threatened to shoote goody ston with my fathers 
gunn If shee Came any more to tell: sometyme this Spring 
Robert and I being together marget did before us weigh sope 
with a great stone and gaue it to nancy hoar and said shee 
beleeued it was two pound: the day hannah graues went to 
nurs goody wood I and Sarah ross found in a hous nancy hoar 
had for hir play a babie with a peice of lace on it which was 
got out of my trunk and a work of beads which wee gaue 
mother I found afterwards once when grandfather Symonds 
lay at our hous marget shewed mee a pocket handkercheife 
which shee said was my grandfathers and it was marked with 

5 S and I saw hir pick out the name: I saw marget giue nancy 
hoar a Cheese sometyme in the winter and saw two Cheeses 
more in the great ouen which marget said weere for goody hoar 
when goody lord sent me to fetch some of Margits things 
from Mary Harriss I saw In Mary Harrises Box His gloues 
which Margett was Condemd for Stealing from goody Stone 
with a lawn handkirchife & other things that Marget had 
after this Margit tould me she had in paper bags gloues & 
other things which lay in goody Harrises wich Margit tould 
me she fetcht som of these things herself e: the day that mar- 
gett went away she thretned if I tould of her that when father 
went abroad good hoar would send word & she would come 

6 ly & goody horis burn our house." 

Mary, wife of Heugh Woodbery, complained that she had 
lost childbed linen worth Hi. 10s.; a fine dowlas shirt worth 
10s., and a fat weather worth 10s., making a total of 21i. 10s. 
Sworn, June 25, 1678, before Daniel Denison.* 

Robert, son of Mr. John Hale, testified, "I have often 
heard marget Lord send Sarah to betty Jonsons to see Iff 
there weere a merry bout and said Iff Sarah would doe what 
shee bade hir the deuill should not ketch hir: she said she 
used to goe out of tuseday nights and thursday nights when 
m" Stockman was heer: about three hours after shee was 
gone marget shewed mee a fine handketcher and said shee 
had got mrs Stockmans handkercher: after Edward bond 
died marget was Frighted and shewed us ribins of diuers 
Coulours which she offered to giue mee but I said I would 
not take any of hir stolen goods, shee said it may bee some- 
body will see it and owne it so shee burnt it in the fire: the 
sabath day goodwife dodge was buried I came home before 
my father and there was our marget and nancy hoar singing 
and dancing and then marget would in a laughing way say the 

* Autograph. 



50 SALEM QUARTERLY COURT [June 

Lord knoweth, the Lord haue mercy upon us what haue wee 
done, and then fall a danceing and tearing againe seuerall 
tymes: when I stayed with hir at home on Sabath dayes shee 
used to keepe much in the seller and one of the tymes this 
winter I saw hir in the seller sowing an handketcher. I 
heard hir say shee threw thirty four stones into the back well 
the next morning after John Edwards Cleered it: many 
times of late I haue heard hir say shee wished my mother 
were dead," etc. Also that Margaret called Goody Hoare 
mother and Nancie sister, and told him that she would brand 
him with a red hot iron if he told of her actions. She further 
said that she would burn Goody Stone and her daughter 
Abegall, and she told him that she went very often to Betty 
Johnson's merry bouts. 

Mr. Roger Conant, aged about eighty-six years, deposed 
that about six or eight years since, William Hoar's two daugh- 
ters, Mary and Elizebath came to his house to buy apples. 
While he was in the cellar, he had enough canvas stolen to 
make a lady's apron, no one being in the house but themi. 
Later he met one of them and asked why they had stolen his 
canvas, and she replied that it was not she, if anybody, it 
was her sister. 

Josiah Rootes'* complaint, dated June 25, 1678: "for 
neare twenty years together we haue ben Aflicted by hauing 
owr goods stollen At sundri tims And we not Abell To make 
due profe haue ben f orsed To sufer owr seuellfes To be wrownged 
in estat And name: And god by his prouidens hauing latlie 
discouered sum of Theas wokes of darknes wee Judg yt. To 
be owre duty To speake in vindicasion of Truth And Con- 
uictccion of sine. ... I lattly lost three sheeats And one 
shirte mor on wetther sheepe. And hauing lost savarall bushells 
of Appells I found elizabeth hoorses Apron in the way hardby 
my dore both shee And her mother owned the said Apron 
Another tyme hauing lost haye I sawe willuam hoore fetch 
such haye owte of his dwelling hows Chamber At Another 
time hauing loste english hay I found parte of the haye scat- 
terd on the grownd As fare As hoorse hows And noe farther 
further when his daughter haris laid in her Chilld beed I 
fownd of my wood At said harises And she said her father 
hoore brought her the wood: sum whill sins humphri cooms 
or his Compani complained of hauing oylle stolen I sawe 
willuam hoore And his wife put An oyUe barell in to the ground 
in a holle And Aboute Tow month After they solid oylle. 
Theas with manie mor Are the cawses of my susspecting 
willuam whore And his family To haue ben the Instruments 
of much euell: myself can wittnes That After my seruant 
had Aquaintans with thair hows I cowlld keep nothing in 
safty that laye in my servants waie." 

* Autograph. 



1678] RECORDS AND FILES 51 

Josiah Rootes, aged about sixty-five years, deposed that 
when Goody Hoar was taxed for stealing a bag of wheat 
meal from old Goodman Leach, he met said Leach carrying 
it home again who told him how cunningly she got it and 
how hard it was to get it back, etc. Sworn in court. 

Susanah Roots, aged about fifty-three years, Mary, wife 
of Heugh Woodbery, aged about forty-eight years, and Sarah 
Roots, aged about twenty-four years, deposed that about two 
months ago they saw Mary, wife of Samuell Harres and Tabitha 
Slew carry a parcel of small linen into Samuell Harris' house. 
Sworn, June 25, 1678, before Daniel Denison.* 

Josiah Rootes, aged about sixty years, deposed that he 
living near Samuell Harris' house, saw linen hanging by the 
swamp side near Harris' house, and upon investigation found 
three white neckcloths for men, one marked L B. among the 
linen, and they hung there three or four days until Mary 
Harris took them in. Jonathan Rootes, aged about thirteen 
years, affirmed to the substance of the same. Sworn in court. 

Deborah Plumm, aged about twenty-one years, testified 
that when Tabitha Hoar was married Marget Lord was there 
and had on a fine lace handkerchief which had two darned 
places on the shoulders of it. Further that on one occasion 
she left Marget at Samuell Harris' house at ten or eleven of 
the clock at night. Harris dared not hide Marget when she 
ran away. Sworn, June 25, 1678, before Daniel Denison.* 

John Bonde, aged about seventeen years, testified that he 
had seen Marget Lord abroad at nights, at Goodman Mor- 
gan's until one or two o'clock in the morning, at William 
Livermore's until nine or ten, and at another time going toward 
Mackrill cove. 

Samuell Harris testified that Marget Lord was only once 
at his house in her life. 

John Bond testified that he carried wood to Mr. Hale's 
house the past winter and found Tabby Hoare eating an 
apple pie, with her lap full of apples. While he was there 
Symon and Joan hors came in and said they had been at their 
sister Johnson's, etc. Sworn in court. 

Mary Bootman, aged sixteen years, testified that at Tabbie 
Slew's wedding, etc. John Cook mentioned. Sworn, June 
24, 1678, before Samuel Symonds,* Dept. Gov. 

Ellin, wife of Wm. Bath, testified that Goody Hoar offered 
her pease to eat, which she said a friend gave her. Sworn, 
June 24, 1673, before Samuel Symonds,* Dept. Gov. 

Deborah Morgan testified that Marget Lord sold her a 
bushel of malt for two shillings which she said she had taken 
from her mistress and deponent had been very much troubled 
about it. Further that last fall when Marget was sent to wash- 

* Autograph. 



52 SALEM QUARTERLY COURT [June 

ing at John Samson's house, as Hanna Bishop said, Marget 
would frequently come to their house and stand behind the 
shop looking after Thomas Verri and that many nights the 
past winter she came to the house very late at night. Many 
times deponent had bade Marget go away till they were 
asleep. Marget told deponent that the lawn handkerchief 
that she had, she bought of her sister Betty for 18d., and that 
her brother gave her the silk hood. Deborah said that Thomas 
Very would go to bed when Marget was there but Marget 
and Hana Bushop would sit up late together. One night 
she came at bedtime and Hana asked if she should let her in 
and deponent's husband refused, etc. Sworn, May 31, 1678, 
before Daniel Denison.* 

James Browne, aged about thirty-one years, and Hannah, 
his wife, testified that about a month ago, Goodwife Johnson 
of Beverly, daughter of Goodwife Hoare, came into his shop 
and told him that Mr. Hale swore to have the blood or life of 
Margarett Lord or at least to have Margarett Lord whipped 
and set upon the gallows. Deponent also heard at Goody 
Lord's house. Goody Johnson say, etc. Sworn in court. 

Mary Moss, aged about twenty-eight years, deposed that 
as she was looking one day for her master's pigs, she living 
with Mr. Hale about 1670, Goody Stone told her that she 
saw Goodman Hoar drive them away. She met Mary Hoer, 
now Mary Harris, and she said she saw them at her father's, 
but Goodwife Hoer denied that she had them, etc. Sworn, 
June 24, 1678, before Samuel Symonds,* Dep. Govr. 

John Black, constable, testified that having a special war- 
rant from the Worshipful Maj. Hathorn to search for a par- 
cel of goods of Mr. Hale's and others, found in a box at the 
house of Samuell Harris a black silk hood and in the chamber 
of the house found a cut work stomacher, which were chal- 
lenged by Mrs. Hale. In the house of William Hoar he found 
two parcels of silk called Naples silk and a jug of oatmeal. 
Both houses appeared to be rifled or at least emptied of all 
manner of linen. John Hill and Anthony Williams, who went 
with the constable, deposed the same. Sworn in court. 

Mary (her mark) EUenwood, aged a little above fourteen 
years, testified that just before Marget Lord ran away, Nancie 
Hoar told deponent that she was to have a new suit of clothes 
made and had black ribbons to tie her ruffles and her bracelets 
with. Marget hid in Goody Harris' barn when the constable 
came, and Mary Harris sent Daniell Harris for her. Upon 
opening Marget's bundle, there were found an apron, lace and 
a fine handkerchief, a pair of gloves, pair of ear knots and a 
silk hood. Mary Harris put them at the foot of her bed and 
said if the constable came, she would say they were hers, etc. 
Sworn, June 24, 1678, before Samuel Symonds,* Dep. Gov. 

* Autograph. 



1678] RECORDS AND FILES 53 

Abigell Stone, jr., testified that being sent on an errand to 
Mr. Hale's, Marget Lord asked if Mr. Porsons had any 
handsome stuff to make a gown, and she told her he had 
nothing but serge. She said she would not have that, as she 
wished to have some handsome stuff. Upon asking her how 
she came by so much money, she replied that her brother had 
given her three pounds in money at one time. Further de- 
ponent testified that Marget had come to her father's house to 
buy some silk laces, as she pretended of Mr. Porsons, but the 
latter not being at home, her mother sent her into said Por- 
sons' chamber to show her some gloves but when they were 
shown her, she said that she could not afford so much money. 
She bought a yard and a half of silver lace, and soon after 
deponent's mother missed a pair of Mr. Porsons' gloves. 
Sometime after this, deponent being ordered by Joseph Mor- 
gan's wife to look into a box at their house for something 
for the child, saw a pair of gloves and silver lace, etc. Sworn, 
Apr. 3, 1678, before Samuel Symonds,* Dep. Gov. 

Abigail Stone, jr., testified that she saw Sarah Riggs, her 
mother's maid, when she lived at their house, have a necklace 
of green bugle beads long enough to go three times around 
her neck. She said that Marget gave it to her charging her 
not to wear it in that town for fear Mrs. Hale would see it 
and recognize it. Sworn, June 24, 1678, before Samuel Sy- 
monds,* Dep. Gov. 

Abigail Stone, aged about forty-three years, testified that 
about the year 1670, when Mary Clark, now wife of Jonathan 
Moss lived with Mrs. Hale, there was a strange pig around 
their house, etc. Deponent had seen Marget Lord at Jonas 
Jonson's house in the evening and at other times. Sworn in 
court. 

Abigail Ston, sr., deposed that she lost a great handkerchief 
with spots in it, a lace cap with running strings, a long neck- 
cloth laced at each end, with a black mark in the middle, 
which was John Bill's, etc. Sworn in court. 

John Lovet, jr., aged about forty years, deposed. Samuel 
Hoar mentioned. Sworn in court. 

Bethiah, wife of John Lovet, jr., aged about thirty-nine years, 
deposed that she saw Larance Leach take a bag of wheat meal 
away from the house of William Hoar, etc. Sworn in court. 

Bethiah Lovet also testified that Goody Hore told her that 
she had wheat flour enough in the house to make two pies, 
also hops, etc. Sworn, June 24, 1678, before Samuel Symonds,* 
Dep, Gov. 

John Lovet, jr., aged forty years, deposed that it was said 
Humphry Coomes lost a barrel of oil and some suspected 
that Goodman Hoar stole it. The next day deponent's 

* Autograph. 



54 



SALEM QUARTERLY COURT [June 



father Roots and himself saw Goodman Hoar and his wife 
hitch along an oily barrel and turn it into a turnip hole and 
bury it. Later Sergeant White had oil of them for hay and 
John Fairfeild bought a jar of oil there. Goodman Lambert 
said that his canoe was carried away and he found it on Bass 
river side at the end of Goodman Hoar's lot with the latter's 
paddle in it and oil spilt in the canoe. Sworn in court. 

The wife of Humfory Horrell, aged about seventy years, 
deposed that on the last Fast day in the time of the afternoon 
exercises she saw Samuell Hore come out of the woods and 
pass by her house until he came to an old tree, under which he 
stayed until a shower was over. Then he came up to her as 
she was sitting in her doorway, asked if John Knit had not 
made fast his leanto yet, and asked her if she were not afraid 
that the Indians would kill her. She replied she did not fear 
the black Indians if the white ones did her no harm, etc. 

Bill of cost of the constable of Beverly, 31i. 19s. 

Killicrist and Mary Ross deposed that Mary and Elizabeth 
Hoare, as their names were then, lived with them, one after 
the other, and they were very trusty and faithful. Afterward 
Tabitha Hoar lived with them and she was such a lying crea- 
ture that they could not believe a word she said and could 
keep her no longer. o, „ ^ • 

Summons, dated June 25, 1678, to Ensign Samll. Corning 
as a witness, signed by Samll. Hardie,* for the court, and no 
return made. 

Tabic Hore, alias Slew, testified that Margeret Lord showed 
her a great new silk hood since she left Mr. Lindall's, which 
she said she bought for eleven shillings at a merchant's. When 
she sent Sarah to borrow six pence of Mr. Hale, etc. Marget 
gave deponent a pudding bag full of hops, etc. Sworn, May 
30, 1678, before Daniel Denison.* 

Annice, alias Nancie Hoar, deposed concerning the thefts. 
Sworn, May 7, 1678, before John Hale* and Henry (his mark) 
Bayly. Said Bayley made oath, June 24, 1678, before Samuel 
Symonds,* Dep. Gov. 

The examination of Tabitha, wife of Leonard Slew, disclosed 
the fact that her mother had sent the children to get many 
articles from Marget Lord, who had taken several hnen 
clothes from Hugh Woodberies orchard, etc., the different 
articles taken being spoken of in detail. Sworn, May 31, 
1678, before Daniel Denison.* 

List of articles stolen by Margaret Lord as attested by 
John Hale* and Rebecka Hale,* amounting to lOH. 2s. 6d. 

Rebeckah Haile, jr., deposed that she saw Sam. Hoare 
wear the sleeve and Naples silk, which Marget took from her 
mother, as a hatband. Symon Hore carried away malt on a 

* Autograph. 



1678] RECORDS AND FILES 55 

William Dounton was admonished for striking Edmond 
Bridges.* 

horse, and the Hoar children used to hang about the house 
when deponent's parents were abroad, lurking in the pigsty, 
sheep's house and cowhouse. She saw Marget give them a 
great many corall and pearl beads and much of her mother's 
black dyed cloth which the Hoars the next day would die a 
color. 

Special charges against Mary Harris and Elizabeth Johnson. 

Special charges against Marget Lord, Dorcas Hoar and her 
three daughters Mary Harris, Elizabeth Johnson and Annis 
Hoar made by John Dodgef and William Raiment. f 

Charges against Dorcas Hoar for receiving stolen goods. 

Queries for Goody Hoar to answer if she be clear of con- 
federacy with Marget Lord: how could Tabbye and Nancie 
use so many bushels of Indian malt, wheat and pease in a 
little house with but one fire, and their mother so much at 
home and know nothing about it? 

Charges against Mary Harris, as by the evidence. 

*Warrant, without date, for the apprehension of Wm. Dun- 
ton, to answer for striking Edmund Bridges in his own house 
without cause, signed by Wm. Hathorne,t assistant. 

Jno. Cooke, aged about thirty years, testified that some- 
time since Goodman Dounten was nominated in their town 
meeting in Salem for clerk of the market, after the first bell 
had rung on a Sabbath day morning, Edmund Bridges, sr., 
of Salem, came into deponent's house and told him about 
Dounten and Little West going into Bridges' house last night. 
Dounten struck Bridges two or three blows on the shoulder, 
saying, "Goodman Bridges, I thank you for hindreing me 
from being clarke of y^ markett." Bridges replied that he 
thought he had too many offices already, and although Doun- 
ten might have struck him in jest, he might take it in earnest, 
as he had heard the Major General say a man could do. Mary 
Cooke testified to the same. Sworn, 26 : 4 : 1678, before 
Edmund Batter,! commissioner. 

Mathew Price deposed that after Downton and West went 
away from Bridges' house, he and John Norton stayed a con- 
siderable while, filling their pipes and smoking a good part of 
them out, etc. Edm. Bridges testified to the same. Sworn, 
22 : 5 : 1678, before Wm. Hathorne,t assistant. 

Mathew Prise, aged about forty-eight years, deposed that 
Bridges was at supper when Dounten came into the house, 
etc. Sworn, 8:4: 1678, before Wm. Hathorne,t assistant. 

Hilliard Veren, sr., testified that coming by Mathew Price's 
shop, etc. He further testified that Dounten did not strike 

t Autograph. 



56 SALEM QUARTERLY COURT [June 

Edmond Bridges, for selling and drawing cider to be drunk 
in his house, was fined, which fine was respitted. 

John Codner of Marblehead, released from common train- 
ing, was ordered to pay 6s. per annum for the use of the com- 
pany. 

Samuell Morgaine was appointed administrator of the 
estate of Moses Morgain who was slain at Black Poynt, and 
was ordered to bring in an inventory to the next Salem court. 

Samll. Condye's will* and inventory were proved and 
allowed. 



Bridges in anger, and he would not have given the testimony 
for Bridges if he had had fifteen minutes to consider it. Sworn 
in court. 

Bartholomew Gedney, aged about thirty-eight years, de- 
posed that he asked Mathew Price if Downton had drawn 
blood or made Bridges face swell and his answer was, "the 
Lord bless mee, what a Question doe you Ask." His action 
was to clap his hand on his shoulder, and not in anger, etc. 
John Cook testified that the company who witnessed for Wm. 
Dounton passed by his house going toward the town. Sworn 
in court. 

Frances Nickkols, aged about twenty-eight years, testified 
that soon after John Norton and Mathew Pric passed by the 
place where he was at work, he went home, and just before 
he came to Edmon Brigges house, he saw Will. Dounton and 
Henery West go into that house and quickly come out and go 
toward the town, etc. Sworn, 23 : 5 : 1678, before Edmund 
Batter, t commissioner. 

Henry West, aged about forty-nine years, and John Nor- 
ton, aged about forty years, deposed. Sworn, 10 : 4 : 1678, 
before Edm. Batter, f commissioner. 

Edmond Bridges, jr., aged about eighteen years, deposed. 
Sworn, 8:4: 1678, before Wm. Hathorne,t assistant. 

Edward Flint and Jeremiah Neall testified. Sworn in court. 
*Will of Sam (his mark) Condy, dated Feb. 9, 1677-8, 
proved by Richard Reade, 29:4:1678, in Salem court: 
"Imp' That I doe giue my whole Estate To my wife Anne 
During The Terme of her Life after my Depts are paide and 
after the Death: of my sd: wife I giue It all To my Daughter 
Ane and her Children, only I doe giue to my granddaughter 
mary Hester greenes daughter The Cubberd that Nowe Is 
In This House and to Hester greenes soone Charles I gme 
thurty shilings when he Is of aboute fouer yeares of age If 
he Line and To Hester greene I giue one of the pewter dishes 

t Autograph. 



1678] RECORDS AND FILES 57 

Phillip Roundy dying intestate, Ann, the relict, was ap- 
pointed administratrix. She brought in an inventory* and 
the estate was ordered to remain in her hands for her nec- 
essary use. 

That was Her mother Rebecah Condys and one pewter Dish 
To my Daughter Ane That was Her mothers and I doe make 
my wife Ane Condy and my Daughter Ane Salter my full and 
whole Excexetrixes for paying all my Depets and Receiuing 
all Deptes and paying all Legaties." Wit: John (his mark) 
Brimblecom, Richard Reed,t John Pedricke,t Thomas Trefryf 
and Samuell (his mark) Reede. Sworn by John Brimblecom, 
June 25, 1678, before Moses Mavericke.f 

Inventory of the estate of Samuell Condie, taken Apr. 30, 
1678, by Moses Mavericke,t Samll. Wardf and Richd. 01iver,t 
and allowed, 29 : 4 : 1678, upon oath of An, the widow: two 
dwelling houses, two thirds of an orchard, a small barn, 651i.; 
1 Cow and one yearling, 41i.; four yong swien at 8s., Hi. 12s.; 

1 hatt, 2s. 6d.; 2 paier yarn stokins, 4s.; 3 red wastkots, 15s.; 

2 paier of Cloth briches, 10s.; 1 Cloth Coat, 12s.; 1 Cap 
Cloth Coat, 7s.; 1 paier of woolen drawers, 4s.; 2 shirts, 
1 paier of drawers, 10s.; 1 paier of sheets, 10s.; 2 pillow 
Cases, 3s.; 1 silk gras bed and boulster; three f ether pillows, 
Curtins, bedsted, 2 old rugs, 2 blankitts, 1 sheet, 61i.; 1 paier 
of boots, 10s.; 1 table and a form, 14s.; 1 muskitt, 15s.; 1 
Cutlas, 8s.; 1 pistoU, 5s.; 1 Chest and a box, Hi.; 2 Iron 
pots and 1 Iron ketl, Hi. 10s.; 1 paier of Indirons, 12s.; 1 paier 
of tongs and a pot Crock, 4s. ; 1 spitt, 2s. ; six pewter platters, 
18s.; 2 plats, 5 poringers, 5s. 6d.; 1 beker, 1 Candlstik, a 
pint pot and a Cup, 2s. 6d.; 1 warming pan, 6s., 1 Lattin 
pan, 7s.; 1 Lanthorn, 2s.; a parcill of Earthen ware. Is.; 
1 pewter Cup, Is.; old Chaires and other lumber, 5s.; 1 bras 
skillett, 2s. 6d.; 1-2 a maer and Colt, 15s.; total, 891i. 9s. 
Debts: to Richard Knott, docktor, 9s.; Vinson Stillson, jr.. 
Hi. Is.; John Walldron, lis.; Thomas Dixsy, jr., 12s.; Thomas 
Hawkings, 13s.; Edward Homan, Copper, 14s.; Mr. Sam. 
Gardner, Hi. 15s.; Cristopher Lattemore, 16s.; Mr. Danell 
Welles, docktor. Hi. 10s. 6d.; Richard Hood of Linn, Hi. 
10s.; Richard Rowland, sr., Hi. 15s.; PhiUip Brimellcome, 
IH.; Edmund Batter, 27U. 10s. 

♦Inventory of the estate of Phillip Roundy, deceased, 
appraised, June 24, 1678, by Richard Croadef and William 
Homs,t and allowed, 27 : 4 : 1678, upon oath of Ann, the 
widow: a small feather Bed & small Bolster with Two little 
pillowes, a paire of pillow beers & a paire of Linnen sheetes 
& a paire of Blankets & a Rugg, all being well worne, also y« 

t Autograph. 



58 SALEM QUARTERLY COURT [June 

Christian Bigford was appointed administratrix of the 
estate of her husband George Bigford, and brought in an 
inventory.* The estate was ordered to remain in her hands 
for the bringing up of her children. 

Administration upon the estate of Edmond Towne was 
granted to Mary, the relict, who was to dispose of the estate 
according to the mind of the deceased, as by mutual agree- 

bedsteed & old curtains & old canopy, 41i.; an old brase 
Kettle, 6s.; an old fire shovell & a paire of Tongs & a spitt, 
all little more in vallue then old Iron, 3s. 6d.; an old small 
Iron pott & poott hookes, 3s. 6d.; A Trammell & an old 
Fryeing pann, 4s. ; 3 pewter platters, 8s. ; 3 pewter porringers, 
an old pewter drinking cup & pewter Bole, 3s. 6d.; 6 old 
chaires whereof 2 or 3 Broken, 3s. 6d.; 1 Table with an oake 
leafe about six foote Long, 10s.; 1 Little old Table & a chest, 
5s.; 3 Latten dripping panns, 2s.; one very small Trundle 
beadd being but Few Feathers in it, with ye Bedsteed and 
that Little Furniture belonging to it, Hi. 10s.; a Letten candle- 
sticke, 6d.; total, 7h. 19s. 6d. Possibly some debts that 
may be oweing to this estate but what ye widdow cannot 
tell, neither doth shee know how much ye abovesaid estate 
of her deceased husband's may be indebted, "Therefore ye 
poore II widdow || humbly requests this honored Court to 
direct her in a way what to doe in this her desolate case that 
shee may be cleare & also that shee may haue some considera- 
tion out of ye estate towards ye maintenance of her poore 
orphant since her Fathers decease to this tyme." 

*Inventory of the estate of the husband of Christian Beck- 
ford, taken at Marblehead, June 26, 1678, by Willam Woodsf 
and Robert Bartlettif to old Rooges, 17s.; three old bed 
blancketes, 12s.; one old hameck, 5s.; three old feather 
pelares, 12s.; one Canvas Cattail bolster, 2s.; one old feather 
bead, 2h. 10s.; one old pare of Cortenes, and fanenes, Ih. 
5s.; one pare of shetes, 10s.; one bedstead, 4s.; to Eiaren 
potes and Cetell, Hi.; to pare of pot Crockes, 3s.; one frian 
pan, 2s. 6d.; one Croock for to hang the pot in and one par 
of tongs, 5s.; tools, spardes and one hoo and one billhoock, 
6s.; to seefes and one pare of beles, 3s.; six puter dishes, one 
quart, one to quart bason, one salt selar. Hi. 12s. 6d.; three 
porengeres and on bole, 2s. 6d.; som earthen potes and deshes, 
6s.; fouer old bareles and to spening wheeles, 12s.; one bras 
skelat and one box and heateres and one Lamp, 7s.; one 
wascot and one par of breches, Hi.; one bibell and to small 
boockes, 5s.; one Chest and to boxes, 8s.; total, 131i. 9s. 6d. 

t Autograph. 



1678] RECORDS AND FILES 59 

ment of all surviving persons concerned, which writing* was 
allowed. An inventory was also presented and sworn to. 

Administration of the estate of Mrs. Eliza. King was granted 
to Mr. Ralph King, who presented an inventory! of the estate. 

*Nuncupative will of Edmond Towne, proved by the widow, 
27 : 4 : 1678, with the consent of all the surviving persons 
concerned: ''The Intent and purpose of Edmond Towne 
presented by mary his wife Conscernin his estate .... that 
the four sonns shall haue all the Lands Equally devyded 
amongst them, And the rest of the estate to be Equally devyded 
amongst the 5: garles only Sarah the secong Daughter is 
already marryed and Hath rescievd to the vallue of twelve 
pounds already. Soe Leaveing my Cause to god, and to 
your Honnors searious Consideration I subscrybe myselfe 
Mary Towne. "| Provision was to be made for the widow's 
thirds to be taken out first. Jacob Towne deposed that 
Thomas Towne, eldest son of Edmund Towne, deceased, 
declared himself to be satisfied with an equal share with the 
rest of the children. Sworn in court. 

Inventory of the estate of Sergeant Edman Towne, taken 
at Topsfield, May 3, 1678, by Frances PabodyJ and Thomas 
Baker, J and allowed, 27 : 4 : 1678, in Salem court: Books, 
Hi.; wearing clothes, 71i. 14s.; linning sheetes and neckpins, 
llli. 6s.; house and landes on the north of the Riuer, 2201i.; 
upland and mado on the south side River, 721i.; five oxen 
and seven coues, 521i.; young Cattel, 191i. 17s.; shepe and 
lambes, 61i.; two horsses, 71i.; swine, 81i.; iron tooles, 31i.; 
kittels and potes and other iron ware, 41i. 4s.; peuter and 
earthing ware and glas, 21i. 15s.; swordes and gones, 41i. 6s.; 
wheles and other lumbur, 61i. 3s.; a cubbard and cheastes, 
21i. 10s.; bedsted and beddin, 161i. 10s.; pillin and saddel, 
21i.; wooll and flax, 17s.; five barrels of sider, 21i. 10s.; wollin 
and linnin yarne, 21i. 10s.; home spon cloath, 71i. 10s.; corne 
and porke, 41i.; for halfe the farme which was given to Sargent 
Toune in Revertion by Thomas Browning ;§ total, 45311. 12s. 
Depts owing, 261i. 3s. 3d. ; by the death of one cow, 31i. 10s, 

flnventory of the estate of Mrs. Elizabeth King, deceased, 
taken May 26, 1678, by William BassettJ and Thomas (his 
mark) Farrar, and allowed, 29:4:1678, in Salem court: 
one long table and Joyn Stools and a chist. Hi. 17s.; two great 
chayers, 3 cushins and a carpit. Hi. 7s.; one small table, one 
bedsted, one prest and cabbin bed and trundle bed, Hi. 18s.; 
one trunk, one chist, pewter, brass and skellet and Iron ware, 
21i. 13s. 6d.; a payer of Stilliards head pece and corslit, 10s.; 
courtins and vallanc, a Rudg and 2 blankets, being very old, 

t Autograph. § This item crossed out in original. 



60 SALEM QUARTERLY COURT [June 

Samll. Shatock, sr., and Samll. Shattock, jr., administrators 
of the estate of Edward Wharton, brought in an inventory, 
to which they made oath, and they were ordered to carry out 
the will of deceased as appeared by a writing* given in upon 
oath expressed a little while before he died. 

a hack ford, 14s.; baskets, beds and bedcloths belonging there- 
to, 41i. 14s.; linning, 5 sheep and lambs, 2 silver spoons, a 
crank for a grindstone, 51i. 12s.; an ould horse, 10s.; a bed 
and bolster. Hi.; a small old tramell and old bellows, 4s.; 
total, 211i. 19s. 6d. "my mother in here Hue time disposed 
of her waring aparrell by her perteculer desire to her grand 
dautor hannah blanay, alsoe my mother in her Hue time gaue 
to her dautor sarah nedom one bed and boulster at her de- 
cease which is not Inuentered And alsoe to my self one 
greate bibill and a small siluer dram Cup and to my wife a 
siluer wine Cup which is not In the Inuenteree." 

Debts due from the estate of Mrs. Elizabeth King, executrix 
of the will of Mr. Danill King: to Ralph King, attorney to 
Elizabeth King in behalf of the children of Hanah Blayner at 
two courts at Salem petitioning, 31i. 3s.; in the action against 
Blainer as we sued in her Right and what he the said blayner 
Recouerd against us and that which we expended on that 
account, 14H. 15s. 4d.; to Docter Knott, 12s.; to Docter 

Weels, ; to my mothers funerall Charges, 51i. 10s. Sworn 

by Ralph Kingf June 29, 1678, in Salem court. 

*Samuell Shattock, sr., aged about fifty-eight years, deposed 
that he was often with Edward Wharton in the time of his 
sickness, the latter having desired him to look after his estate 
as per a writing under his hand, and was of good understanding 
when he spoke as follows: "he said he would giue hue pounds 
towards a burrying place, and he said he did giue to Mary Trask 
the wife of Henry Trask fiue pounds: alsoe he did giue to 
Hannah Sibly widdow fiue pounds: alsoe he did giue to Sarah 
mills & her children ten pounds, all which he often exspressed 
in the time of his sicknes, & as he drew neere to his end: he 
exspressed the same before other witnesses: and I asked him 
what should become or how he disposed of the remainder of 
his estate, after all things were cleered, as debts & legacies he 
said it should goe to his Brothers. Samll. Shattocke,t James 
Mins."t Martha Robinson affirmed as in the presence of 
God and this court, before HilHard Veren,t cleric, "he alsoe 
told me that his vice should be returned to England amongst 
his kinred, for he said it was his fathers before him & it should 
be returned into the Generation & that his eldest brothers 
son bore his fathers name & he should haue it." 

t Autograph. 



1678] RECORDS AND FILES 61 

"And further he said as for his trackt of land lying at Shrews- 
bery at New Jarsy: which he purchased with other purchasers, 
of the Indians, he told me he had sold one half of it, when he 
was in England to one John Harwood marchant in London 
& had taken pay for it & further said he had ordered one 
John Starke to settle upon it & soe to keep it in possession 
for him & his freind the other partner, & told me he would 
giue him twenty acres of land in his will. Samll. Shattocke* 
and James Mills.* Samuell Shattock, sr., affirmed as in the 
presence of God and this court, before Hilliard Veren,* cleric. 

''And further the said Edward wharton did exspress him- 
selfe and say that John winditt a youth which he brought with 
him out of England: viz: his sisters sonn (whome he tooke 
as his owne & did intend he should share in part of his estate, 
as he haue exspresed to some) the said Edward wharton, being 
asked when he was like to dye, if the said youth should be 
sent to England to his mother he answered yea (& I doubt 
not but he intended the boys mother should haue a part of 
his estate as alsoe the youth) but being after six weekes lUnes 
(not app'hended dangerous) he was taken in very great ex- 
stremety & after that liteness of head, that he was unable of 
making an orderly will), & though I was with him often in 
order there unto, but he would put it of untill another time, 
hoeping he might gett up a day or two to looke after som 
writings, & to understand his estate the better before dis- 
posall as I did Judge) by which meanes things were deferred, 
but not app'^hending his condition soe dangerous, as it after 
proued, I was not soe urgent upon him about his will as other 
wise I should haue beene he was taken uery sudent about 
three dayes before his death only one smale respitt he had, in 
which before seuerall witnesses he confirmed the four legacies 
& the remainder to his brotheres as is before exsprest." 

Samll. Shattock* certified that "Divers other smale legacies 
he gaue to severall that came to see him in his sicknes neere 
his end; & forty pounds to the youth but in these things he 
was II not II soe distinct in his understanding as when he 
exsprest the last aboue written, it being in the time of the two 
or three last days he lined || before his end || & I canot giue 
Testimoney to it as his will, he not being of a disposing mind." 

"Edward wharton haue two brothers in England by father 
& mothers side: & one brother & sister by the mothers side: 
& this brother is in verginea. he dyed y^ 3<^ of y« 1^* month 
1677-8." 

Inventory of the estate of Edward Wharton, deceased, 
and what goods were in his possession, consigned to 
him by several, taken 12 : 1 : 1677-8, by Hilliard Veren, sr.,* 
John Hathorne* and John Higginson, jr.,* and allowed, 27 : 4 : 

* Autograph. 



62 SALEM QUARTERLY COURT [June 

1678, in Salem court, Samuell Shattock, sr,, being a Friend, 
affirming and Samuell Shattock, jr., making oath to the truth 
of the same: Valued in England as by Invoyce, 1 plaine 
cloath cloake, Hi. 8s.; 1 boyes worsted cloake, Hi. 5s.; 1 
heare camlett cloake, 21i. 18s.; 5 cloath cloakes, 28s. p., 71i. ; 
1 cloath cloake. Hi. 8s.; 1 fine cloath cloake, Hi. 15s.; 1 
cloath cloake, Hi. 12s.; 6 cloath cloake, 28s. p., 81i. 8s.; 3 
childs stuff coates at 9s., Hi. 7s.; 1 yeolow Tamy, 10s.; 1 
ditto, 13s.; 1 boyes coate, 13s.; 1 doz. home made wooU 
hose. Hi. 14s.; 1 doz. ditto. Hi. 10s.; 8 pr. of youths ditto, 
14s.; 10 pr. of woemens home made wooll stockens. Hi. 2s.; 
7 pr. of sale wooll hoase, 10s. 6d. ; 17 pr. of weomens & youths 
stockens, 14s. lOd.; 7 pr. of home made woemens 4 thrid, 
3s. 2d. p., 4 pr. ditto sale 4 thrid, 3s. 4d. p.. Hi. 10s. lOd.; 
4 pr. youthes 4 thrid ditto, 3s. 4d. p., 3 pr. youthes ditto, 3s., 
Hi. 2s. 4d.; 4 pr. of wooll home made hose, 14s.; 1 pr. mens 
worsted home made stockens, 5s.; 8 pr. of home made worsted: 
4 thrid, Hi. 14s.; 6 pr. sale ditto, 18s.; 2 pr. of fine home made, 
10s.; 1 childs coate, 7s.; 1 greene say frock, 5s.; 9 childs 
wascoates, 5d. p., 3s. 9d.; 6 Ditto, 7d. p., 3s. 6d.; 5 Ditto, 
9d. p., 3s. 9d.; 4 Ditto, lOd. p., 3s. 4d.; 2 Keasy ditto, 2s. 
6d., 5s.; 1 ditto, 2s. 8d.; 2 ditto, 3s. p., 6s.; 6 childrens, 12d. 
p., 6s.; 4 woemens yeolow wascoate, 22d. p., 7s. 4d.; 1 Cloake 
of lite coUrd. haire camlett, 31i. 7s.; 4 coates of the same 
camlett, 36s., p., 71i. 4s.; 1 cloath collrd. haire camlett cloake, 
35s.; 2 worsted camlett cloakes, 34s., 31i. 8s.; 1 fine haire 
camlett cloake, 51i.; 2 trunks, 16s.; 3 ditto. Hi. Is.; 1 ditto, 
6s.; 2 dittoes, 5s. p., 10s.; 2 boxes or little red trunkes, 3s. 2d. 
p, 6s. 4d.; 1 ditto, 2s. 8d.; 3 silk say under pettecoates lite 
collrd, at 12s. 6d. p., Hi. 17s. 6d.; 2 Ditto, lU. 8s.; cloath 
woemans wascoats, 8s., 7 ditto, worth each 8s., 10s., 8s., 10s., 
6s., 13s., 15s.; 1 cheny sad: collrd. uper woemans coate, 7s.; 
1 sad collrd. woemans searge coate, 17s. 6d.; 1 black fine 
searge upper pettecoate, 19s.; 1 stuff cloake for woeman, 
10s.; 1 ditto for a girle, 7s.; 1 large worsted Rugg lite collrd, 
Hi. 14s.; 1 large sad collrd. ditto, worsted, 18s.; 1 ditto 
worsted sad collrd, Hi.; 6 greene & blew plaine Rugge, 8s. p., 
2li. 8s.; 1 sad callrd thrum Rugg, Us. 6d.; 1 cabbin Rugg, 
4s. 8d.; 1 Cource 8-4 Rugg, 10s.; 3 coverleds, ordinary, 6s., 
p., 18s.; 2 ditto at 5s., 10s.; 2 coverleds, large at 7s. 6d,, p, 
15s.; 1 smale one, 6s. 6d.; 1 red plaine rugg, 8s.; 1 peece wt. 
cotten, 19s.; 1 darnex carpett, 5s. 6d.; 1 ditto greene, 6s. 6d.; 
4 pr. wt. drawers, 10s.; 6 peeces of searge at 40s., 121i.; 7 
peeces narrow searge at 25s., 81i. 15s.; 1 peece padaway 
searge, 21i. 15s.; 13 yds. clarett collrd Tamy at 19d. p, Hi. 
Is. Id.; 1 large draft lite collrd, 14s.; 1 2d sort, 12s.; 1 small 
ditto, 10s.; 1 doble 10 qrtr. coverled, lU. 4s.; 1 ditto, 9 qrts, 
IH.; 2 dittos, 8 qrts., 15s. 6d. p. Hi. lis.; 8 yrds 3-4 striped 
Tamarene at 18d. p, 13s. 1 l-2d.; 12 yrds. 3-4 Turky mohaire 



1678] RECORDS AND FILES 63 

2s. lOd. p., Hi. 16s. 1 l-2d.; 6 yrds. 1-4 of striped stuffe at 
22d. p, lis. 5 l-2d.; 9 yrds. striped camlett, 2s. 4d. p, Hi. 
Is.; 1 peece oringe coUrd worsted draft, 21i. 5s.; 14 yrds. 
Haire camlett, 3s. p, 21i. 2s. ; 10 yrds. of ash collrd. silk mo- 
heare, 4s. p, 21i.; 6 yrds 1-2 of ash collrd silk farrendine, 4s. 
6d. p. Hi. 9s. 3d.; 12 yrds ash collrd. haire camlett at 3s. p, 
Hi. 16s.; 1 peece sad collrd. stuff, mixt with Gold collrd, 21i. 
10s.; 24 yrds. flowered silk draft, 2s. p, 21i, 8s.; 13 yrds. 
striped vest at 22d. p, Hi. 3s. lOd.; 18 yrds. Scotch Tabby 
at 16d. p, Hi. 4s.; 16 yds., Scotch Tabby at 16d. p, Hi. Is. 
4d.; 10 yrds. Tiking at 15d. p, 12s. 6d.; 8 yrds. padaway at 
2s. 6d. p. Hi.; 7 yrds. of Linsy at 12d l-2p, 7s. 6d.; 2 pc. 
boyes cotten drawers, at 2s. p., 4s.; 3 cotten wascoate at 2s. 
lOd. p, 8s. 6d.; 2 pc. blew drawers, 2s. 5d., p., 4s. lOd.; 1 
boyes haire sad coll. camlett cloake, 21i, 15s.; 1 large flanders 
tike & bolster. Hi. 9s. 6d.; 30 yrds. of upper Tiking, at 18d. 
p, 21i. 5s.; 42 yrds. diaper at 15d. p, 21i. 12s. 6d.; 12 yrds. of 
Tabling, 2s. 6d. p, Hi. 10s.; 21 yrds. of diaper for napkins, 
18d. p. Hi. lis. 6d.; 2 pillow Tikins, at 2s. 2d., 4s. 4d.; 1 light 
coll. boyes cloake. Hi. 12s.; 2 yrds. 1-4 of plush at 8s. p., 6s. 
9d.; 20 tobaco boxes at Id 1-2 p, 2s. 6d.; 3 ditto at 20d. p 
doz., 3 3-4d.; 4 brass roles for chalk lines, 5s. 6d. p doz.. Is. 
lOd.; 8 ditto large at 6s. 6d., p doz., 4s. 4d.; 8 chalk lines 
at 18d. p doz., Is.; tinware, 4 Cullenders, 5s. 4d.; 6 ditto, 
5s. 6d.; 2 doz. wood savealls, 3d. 1-2 p, 7d.; 1 large ketle, 2s. 
3d.; 1 next size, 2s.; 8 6 qrt. Ketles, 14d. p., 9s. 4d.; 3 gallon 
Kettles, 12d. p, 3s.; 53 qrt. Kettles, 9d. p., 3s. 9d.; 2 3 pt. 
Kittles, 7d. p. Is. 9d.; 5 best savealls, 2s. 4d. p doz., 11 l-2d.; 
11 second sort at 8d. p doz., 7 l-4d.; 3 exstinguishers, 8d. per 
doz., 2 3-4d.; 3 doble plate pans, 18d., p., 4s. 6d.; a doble 
puden pan, 9d.; 2 midle sised lanthornes, 18d. p., 3s.; 4 band 
candlesticks, 5d 1-2 p, Is. lOd.; 5 tinder boxes & Steele, 7d. 
p., 2s. lid.; 4 writing candlestickes, 2d 1-2 p, lOd.; 2 pt. 
sace pans, 3s. 8d. p doz., 7d.; 3 bread or flower boxes, 3d. 
1-2 p., 10 l-2d.; 4 Casters, 2d p., 8d.; 1 peper box, 2d., 1 fish 
plate, 8d., lOd.; 6 smale bread graters, 8d. p doz., 4d.; 2 pts. 
at 3d. 3-4 p., 1 funell, 4d., 2 covers, 8d. p., 2s. 3 l-2d.; 3 brass 
savealls, 7d. p., 3 larger graters, 3 1-2 p., 2s. 7d.; 2 egg slices 
2d. 1-2 p., 5d.; 3 whip sawes & tillers, 5s. 6d. p., 16s. 6d. 
2 marking Irons, 2s., 1 cloase stoole & pan, 8s. 9d., 10s. 9d. 
2 Steele handsawes with screws, 3s. p., 6s.; 1 large Steele 
hand saw, 2s. 2d.; 8 hand sawes at 14d. p., 9s. 4d.; 1 hand- 
saw, lOd.; 2 faling Axes, Is. 5d., 2s. lOd.; 8 bright smale 
Hamers, 6d. p, 4s.; 9 Rivited hamars at lOd. p., 7s. 6d.; 2 
hamers, 4d. p, 8d.; 5 hamers, Steele heads, 10s. p. doz., 4s. 2d.; 
4 choppers at 15s. p. doz., 3s. 8d.; 2 mincing knives, 12d. p., 
2s.; 7 small ditto, 13s. p doz., 7s. 7d.; 9 hatchetts, 12d. p., 
9s.; 7 smale mincing knives, 9s. p doz., 5s. 9d.; 3 Steele sawes 
& screwes, 3s. p., 9s.; 5 doz. 8 gimletts at 12d. p doz., 5s. 8d.; 



64 SALEM QUARTERLY COURT [JunC 

27 pensills at 8d. p doz., Is. 6d.; 10 percer bitts at 2d p, Is. 
8d.; 1 large pincers to shooe horses, Is.; 3 curry combs, lOd.; 

2 large ditto, 6d. p. Is.; 1 pr. spincers for shoomakers. Is.; 
5 pr. nippers, 4d. p, Is. 8d.; 2 bundles of files, 20d. 
p bundle, 3s. 4d.; 12 doz. of straite all blades 5d. p doz., 5s.; 
7 doz. crooked blades at 5d. p doz., 2s. lid.; 14 doz. of fire 
steeles at 6s. p grosse, 7s.; 21 pr. of spurrs at 7s. p doz., 12s. 
3d.; 8 pr. dove tailes at 2 l-2d. p, Is. 8d.; 22 pr. sid hinges, 
3d. p., 5s. 6d.; 6 pr. Esses at 8d. p, 4s.; 1 smooth Iron, Is. 4d.; 

3 doble spring lockes at 20d. p, 5s.; 1 single ditto, 9d.; 2 doz. 
trunk lockes at 6s. p doz., 12s.; 1 doz. of single ditto, 3s. p, 
3s.; 1-2 doz. large ditto, 4s.; 2 ship scrapers, 2s.; 6 pr. Coll. 
yarne mens hose, 12s.; 6 pr. worsted ditto at 3s. 4d., Hi.; 
12 pr. stockens, 7d. p, 7s.; 7 pr. ditto, 9d. p, 5s. 3d.; 6 pr. ditto 
8d. p., 4s.; 6 pr. ditto at 5d. p, 2s. 6d.; 10 pr. ditto at 6d. p, 
5s.; 6 pr. ditto at 13d. p, 6s. 6d., 5 pr. ditto at 18d. p, 7s. 6d.; 

1 pr. fine woemens red worsted, 3s.; 2 pr. mens worsted 3s.; 

2 pr. mens worsted black & colld, & 1 pr. w^hite, 7s. 6d. 
Valued heare as money in N. England: 2 linsy woolsey 

pettecoates, 6s. p, 12s.; 1 little boyes coate of camlett worsted, 
6s. ; 2 linsey woolsey & 1 pr. of fustian draws, 9s. ; 1 pr. linen 
drawers, more, 3s.; 1 boyes coat, 4s.; 2 red childs blanketts 
bound w*'' feret, 4s. p, 8s.; 1 smale childs camlet pettecoat, 
3s.; 9 sashes at 12d., 9s.; 50 yrds. of Irish searge at 2s. 2d. p, 
51i. 8s. 4d.; 10 yrds 1-2 broad worsteed camlett duble, 2s. 6d. p, 
Hi. 6s. 3d.; 16 1-4 yrds. narrow camlett. Hi. 12s. 6d.; 20 1-4 
yrds. mixt stuff, very bad, 12d. p, Ih. 3d.; 14 yrds. new Coll. 
Stuff at 2s. p, Hi. 8s.; 1 ell of farrindine, 2s. 4d. p yd., 2s. 
lid.; 6 yrds. coll. fustian, 14d. p, 7s.; 3 yrds. red p petuana 
at 2s. 6d. p, 7s. 6d.; 6 yrds. 1-4 greene say at 5s. p. Hi. lis. 
3d.; 42 mens & woemens shifts, 4s. 9d. p, 91i. 19s. 6d.; 12 
youth & girls ditto, 3s. 6d. p, 21i. 2s. ; 8 finer mens & woemens 
ditto, 6s. 6d. p, 21i. 12s.; 5 white dimity wascoates, 3s. 6d. p, 
17s. 6d.; 1 yrd. 1-2 cambrick, 4s. 6d. p, 6s. 9d.; 2 ends of 
fine wt. callico, 20s. p, 21i.; 2 peeces broade white calico, 
40s. p, 41i.; 2 peeces cource holland, cont. 69 yrds. 30d. p, 
81i. 12s. 6d.; 5 1-4 yrds. fine dowlas at 2s. 6d. p, 13s. 1 l-2d.; 
7 yrds. cource dowlas at 20d. p, 12s. 6d. ; 1 ell cource holland 
at 2s. 6d. p, 3s. 1 l-2d.; 9 yds. scimity, 6s., 2 peeces of dimity, 
6s. p. 18s.; 1 callico table cloath, 7s. 6d.; 2 callico shirts, 
6s. p, 12s.; 2 callico painted table cloathes, 8s. p, 16s.; 1 large 
ditto, 14s.; in English money, 21i. 7s.; New England money, 
991i. 4s.; Spanish money. Hi. 16s.; 1 peece of goold, 20s., 
3 rings, about 25s., 2U. 5s.; a dram cupp, 6s.; 3 yds. fine greene 
say at 6s. p. 18s.; 3 cloath coates at 20s. p, 31i.; 1 cource gray 
youth coats, 10s.; 7 yrds. 1-2 of striped Hnen 16d. p yrd., 
10s.; 1 silk thrum Rugg, 21i.; 28 pr. plaine shooes, 4h. 4s.; 
15 pr. fale shoos & 2 pr. woemens, 3s. 6d. p, 2h. 19s. 6d.; 9 
straw hats, 2s. p, 18s.; 2 pr. fishing bootes at 14s. p., Hi. 8s.; 



1678] RECORDS AND FILES 65 

61i. of combed worsted at 2s. 6d. p, 15s.; knives, 5s., 2 spoones, 
6d.; 6 l-41i. wt. suger at 8d. p, 4s. 4d.; 6 brushes, 18d., 1 pr. 
smale stilliards, 4s., 5s. 6d.; 8 1-2 oz. pins, lOd. p, 7s. Id.; 
2 peeces 1-2 ferrett, black Ribbond, 12d. p. Hi. 10s.; 5 gross 
& 1-2 thrid, buttens, 15d p, 6s. 10 l-2d.; about 2 gross thrid 
laces at 9s. p, 18s.; 1 gross great buttens upon cards, 3s.; 
2 doz. 1-2 tweezers, 3s. 6d. p doz., 8s. 9d.; 3 childs swathes, 
8d. p., 2s.; tape & filliting, 2s.; 10 oz. fine thred, 12d. p., 10s.; 
a little pcell of thrid of severall coll.. Is. 6d.; 13 pr. sissers, 
4s., 1 gross thrid, wt. buttens, 18d., 5s. 6d.; 19 yrds. red Fer- 
rett, 4d. p. yrd., 6s. 4d.; blew tape, 4d., green cotten ribbon, 
4d., silk, 18d., Is. 8d.; 1 pr. bodies, 3s. 6d., 1 woemens worsted 
cap, 12d.; 6 pr. childs yarne gloves, 3s.; 11 yrds. green ferrett, 
4d. p., 3s. 8d.; 6 doz. pack needles, 5s.; soweing needles, 6d.; 

4 oz. peper, 6d., 3 pr. spectacles, & 5 cases, 22d.; 16 yrds. 
yellow taffaty Ribbond, 3d. p, 4s.; 6 boxes of Lockeers pills 
& papers, 24 yrds. 1-2 silk galoone, 2s. p. doz., 4s.; 16 contry 
Ruggs & 2 cradle ditto waying 22311. at 14d. p. li., 131i.; 8 
Bushells of pease at 3s. p. Hi. 4s.; 1 old sheete of cource can- 
vas, 2s.; 1 old table, 6s., 1 brasse yoare, 20s.; 1 perpetuance 
under pettecoate, 9s.; 1 woemans Shamare lined, 16s.; a 
womans Jerkin, 6s.; 1 pr. wooll cards. Is.; 8 hand basketts, 
12d. p, 8s.; 601i. of sheeps wolL, 6d. p bagg, 2s., Hi. 12s.; 
2 sadles & stirrops, Hi. 4s.; 4 Iron plates or fenders, 3s. p., 
12s.; 12511. of sheeps wooll at 6d. p, 31i. 2s. 6d.; 4 baggs, 
2s. p, 8s.; hops & a bagg, 2s.; 3 smale skins, 8d. p, 2s.; 79 
narrow brimd. hats, 2s. p, 71i. 18s.; 1 new, 10s.; 4 bands, 4s.; 
1 boyes w* caster, 3s.; a large chest, 7s.; 2 tray maker adses, 
3s.; 1 square & a broaken one, Is. 6d.; 2 coop, axes, 30d. p, 
5s.; 1 bill, 12d., 3 hollow shaves, 12d., p, 4s.; 2 cooper adzes, 
2s. p, 1 pr. sheers, 12d.; 3 doz. 9 curtaine rings. Is.; 4 large, 
6 smale shaves, 6s.; 7 shooe punches, 6d. p, 3s. 6d.; 9 pr. 
Hinges, 5d. p, 3s. 9d.; 2 gouges, 2 chessell, 4d. p. Is. 4d.; 
1 tinder box & pump nailes, Is. 6d.; 1 coopers knife, lOd.; 

5 staples, 12d.; 4 bolts, 2s.; 1 auger, 12d.; a rasp & smale 
auger. Is.; 5 pr. sissers, 12d.; a pewter salt, 12d.; 3 pr. snuf- 
fers, 18d.; a standish, 2s. 6d.; 6 cod hoockes, 12d.; 1 bed 
quilt, 10s.; 1 thousand & 1-2 of pins. Is. 1 l-2d.; 21 doz. of 
w* thrid buttens, 18d. p grosse, 2s. 7d.; pewter Bottle, 9d.; 
pcell of beaver stones, 21i. 10s.; 2 pr. small scalls & som waites, 
6s.; a glasiers vice & moulds, 41i.; a pcell of glass, drawne 
lead, sodering to mak up about 200 or 300 foot of glass, 41i.; 
291i. cheese at 3 l-2d. p H., 8s. 5d.; 1 B. 1-2 wheat, 3s. 6d., 
p. 3 bagges, 3s., 8s. 3d.; 6 old shirts, 7s., 5 very old sheetes, 
15s., Hi. 2s.; 2 old drawers, 2s.; 3 wascoates, 8s.; 4 pillow 
beeres, 6s.; 1 table cloath & 4 naptkins, 6s.; 1 chest, 5s.; 
1 sash, 12d.; 1 carpett, 18d.; 1 bed pan, 5s.; 1 brass chafin- 
dish, 3s.; a fether bed & bolster, 2 blanketts, 7 pillowes, a 
rugg & bedsteed, 71i.; a pcell of pack cloath, 7s., a hamer, 



66 SALEM QUARTERLY COURT [June 

18d., 8s. 6d.; his woolen wearing apparell, 51i.; 1 chest, a 
smale table & 2 old cushions, 12s.; 2 old seives, lOd.; 1 bed, 
bolster, 1 pillow, 2 Ruggs, bedsteed & blankett, 4li. 10s.; 
1 old trunk marked E. W., 3s.; some odd trifling lumber, 
2s.; 2 tables, 4 Joyn stools, 18s., tinn ware, 14s., Hi. 12s.; 
brasse ware. Hi.; pewter, 35s., 2 spitts, 2 fire pans, 8s., 21i. 
3s.; 2 Iron potts & a skillett, 12s.; 4 rasors, 1 pr. sissers & a 
hoand, 9s. ; some Indian dishes & other lumber, 8s. 

Furrs: 49 Racoone skins, 12d. p, 21i. 9s.; 38 fox skins, 
2s. 6d. p, 41i. 15s.; 2 woolves skins, 12d. p, 2s.; a cub beare 
skin. Is.; 31 Otter skins, 6s. p., 91i. 6s.; 4 wood chuck skins, 
21d. p, 7s.; 21 martins & sables at 15d., Hi. 8s. 3d.; 7 musk- 
quash, 6d. p, 3s. 6d.; about 501i. beaver, 6s. p., 151i.; 13 B. 
mault, 3s. p. Hi. 19s.; 1501i. oacum, 25s., 3 pecks wt. salt, 
Hi, 6s. 9d.; 36 gall. Rume, 2s. p, 31i. 12s.; 2 new chests with 
ticks, 6s. p, 12s.; 4 new barrells, 8s.; 2 shovells, 18d. 301i, 
sheeps woole, 15s., 16s. 6d.; 1 bagg, 18d., 200 foot of board, 8s., 
9s. 6d.; 2 B. wheate, 3s. 6d. p, 3 p. Ry, 3s. p B., 9s. 3d.; 6 B. 
pease, 3s. p., 1-2 B. Beanes, 19s. 6d.; 11 hides, 5s. p., about 
600 foot bord, 31i. 19s.; 16 B. Indian corne, 2s. p, 1 barrell, 
2s., Hi. 14s.; 6 chests, 6s. p, about 13 C. Spanish Iron, 2s. p., 
C, 141i. 16s.; 2 barrells of porke, 50s., 51i.; almost 2 barrells 
of tarr, 7s. 6d. p, 15s.; lOOli. tobaco at 3d p. Hi. 5s.; 11 moose 
skins, 51i. 8d.; 2 Racoones, 12d. p, 2 sealls at 12d. p, 4s.; 
1 hhd. 1-2 passader wine much decaid, 41i.; pt. of 5 barrell 

very much decaid & pricked madera, ; 2 hhd. mallasses 

nott full, 51i. 10s.; an old small catch exceeding out of repaire 
almost worne out, both Hull & all apprtenances, valued by 
Mr. Bar, Gedney & John Norman, ship carpenters, 151i.; 
a dwelling house & land neere the meeting house & apprte- 
nances, 801i.; a smale peece of land part of a frame for a 
warehouse & wharf, not finished & stones upon the ground, 
141i. 10s.; a small pcell of timber & old board, 10s.; an old 
smale cannoe, 10s.; a horse runing in the woods if alive, 

; a remant of stuff, 2s.; a pcell of land at New Jerzey but 

doe not know the quantity yett & some goods at som other 

places not yett knowne what they are, ; total, 63011. 6s. 

5 3-4d. Samll. Shattock's* account of the debts: To several 
in England above, 30011.; to several in New England which 
cannot yet be known how much, nor Justly what yt is in 
England, but as himselfe said when he was sick & I ptly finde 
it by Invoys of Goods. 

Appraised since the foregoing, goods brought home from 
the eastward as cost per invoice: 2 coates, 19s. p coate. Hi. 
18s.; 2 coats, 16s. p, Hi. 12s.; 3 white childs coates, 1 at 
lis. & 2 at 14s., Hi. 19s.; 2 coates, 19s. p, 6 or 7 yeare old, 
Hi. 18s.; 1 Coat tamet, 16s.; 1 boyes coate, 13s.; a flanders 

* Autograph. 



1678] RECORDS AND FILES 67 

Fined by the Worshipful! Maj. William Hathorne: 

On 4 mo. 1678, Jeremiah Line, for being drunk, his brother 
paying the fine. 

On 7 mo. 1677, John Beckett and John Clifford. 

On 5 mo. 1677, Thomas Freind, Hoeman's servant, and 
Hoper and his wife. 

Broadway, for being drunk and swearing more than 

two oaths. 

Bennet, whose fine was paid by William Nick. 

Peeter Frost, Capt. More's man. 

One of Lin fined for excess in drinking. 

Rogers, the wheelwright, for beating three boys. 

On 3 mo. 1678, Phillip Welch, for abusing Robt. Bartlet, 
tithingman. 

Ely Eaton, for drinking too much. 

On 13 : 6 : 1677, Tuckerman, for making insufficient 

shoes. 

Gilbert Peeters, for abusing the marshal. 

On 4 mo. 1678, John Wilkinson, for drunkenness and stealing. 

On 14 : 5 : 1678, John Cloyd, for swearing more oathes 
than one at a time or to be whipped. 

John Backley, for being too familiar with a young woman 
called Christian Williams of Marblehead. 

Clement Coldom was allowed for work done upon the 
county bridge at Line to be paid by the County Treasurer. 

Following were chosen and allowed as tythingmen for 

Tick & bolster, Hi. 9s. 6d.; a draft, 8 qrts., 14s. Valued as 
cost here in New England: 2 silke barateene under coates, 
Hi. 6s.; 1 large silk Rugg, 31i.; 1 calico India carpett, 4s.; 
7 Bushell & 1-2 malt, Hi. 2s. 6d.; 3 B. & 1-2 of Indian, 7s.; 
1 B. wheate, 3s. 6d.; a speckled pillow beere. Is.; to sugar 
sold at 5s. 3d.; a gold ring, 7s. 6d.; an Iron Casement, 5s. 
460 foot of board, 3s. p, 13s. 8d.; 8 narrow brimed hats, 2s 
p, 16s.; 3 old rusty curry combs. Is.; 2 old sawes, 2s. 6d. 
4 pr. sissers, 1 twissers, 1 gimlet, punch, som ales & steeles 
4s. 6d.; 3 firkins of old butter, 31i.; decayed wine, Hi. 15s. 
an old pr. of hand screwes. Hi. 10s.; debt of 12s.; suposed 
3 acres of land at merimake, to a silver seale, 2s.; bookes, 
12s.; mincing knife, 6d., 2 curry combes, 2s.; Glass redy 
made & som lead, Hi. 10s.; 2 chests & 1 trunke, 15s.; 8 & 2 
yd. of narrow serge, at 2s. p, 17s.; Debts, 40li.; total, 691i. 
6s. lid. 



68 SALEM QUARTERLY COURT [June 

Salem for the ensuing year: Mr. Nehemiah Willoughby,* 
Mr. John Hathorne,* John Roapes,* Corporall Jon. Putnam, f 
Job Swinerton,t jr., Bray Wilkins,t Samuell Cutler, f 
Joseph Phipen,! sr., Isaak Foot,t Hen. Skerry, jr., J EHas Mas- 
on, Samuell Williams, Jonathan Eger, Mr. John Ruck,§ 
Jeremiah Meachum, sr.,§ Mr. Eleazer Gedney,§ John Reeves,§ 
Jacob Barney, II Samll. Eborne, sr.,|| John Pease, sr.|| and 
Eleazer Giles. || 

Court remitted 5s. of a fine of Joseph Miles at a former 
court. H 

There being no legal town clerk at Marblehead, court 
appointed Mr. Moses Maverick clerk, who was impowered 
to take the town books and give out copies. It was ordered 
that the selectmen do their duty in respect to trespassers on 
the commons in granting warrants to the men employed to 
look after the stent when it should be demanded, and in case 

♦Warrant, dated 19 : 5 : 1678, for appearance, signed by 
Jno. Hegginson, jr.,** for the selectmen, and returned by 
David Phippen,** constable of Salem. 

tWarrant, dated July 19, 1678, for appearance, signed by 
Jno. Higginson, jr.,** for the selectmen, and returned by Joshua 
Rea,** constable of Salem. 

JWarrant, dated July 19, 1678, for appearance, signed by 
Jno. Higginson, jr.,** for the selectmen, and returned by 
Thomas Searle,** constable of Salem. 

§Warrant, dated 19 : 5 : 1678, for appearance, signed by 
Jno. Higginson, jr.,** for the selectmen, and returned by John 
Norman,** constable of Salem. Another warrant of the same 
date returned by WilHam Curtis,** constable. 

1 1 Also Ant. Buxton. Warrant, dated 19:5:1678, signed 
by Jno. Higginson, jr.,** for the selectmen, and returned by 
Joshua Rea,** constable of Salem. 

llPetition of Joseph Miles: that being presented last 
Michaelmas for excess in drinking, he confessed that he had 
sinned against God, MTonged his own soul and broken the 
laws of this jurisdiction. He "hath beene in this Cuntrie 
aboutt twentie fiue yeares, and neuer was before nor since 
that time ouer taken with Drink, neither hath he all that 
time spent a six pence in Idle expences, and was then ouer 
taken before he was aware, and hope y* god hath soe assisted 
him with his grace as trulie to repent of y'' Same, and y' god 
hath pardoned him." He asked that his fine be remitted, as 
it was his first offence and he was aged and not able to pay it. 

** Autograph. 



1678] RECORDS AND FILES 69 

they do not attend their duty they were to answer at the 
next court.* 

The return of the highway laid out between Salem and 
Marblehead was allowed and confirmed, and whereas the 
highway through the south field was but one pole in breadth, 
now it shall be two poles. Hilliard Veren, sr.. Left. Richard 
Leach and Israeli Porter were appointed to award the land dam- 
age, to be paid by the town and the proprietors of the mill.f 

*Petition of Richard Rowland, James Dennis and Robertt 
Bartlett, all of Marblehead: ''Wheras the hono'ble Gen" 
Courtt by y"" order were pleased to settle a difference among 
us for the settlement of priuilege of the inhabitants about 
stinting the Cow Common in persuance of which order the 
Selectmen and inhabitants did last year 1677 appoint and 
Impower us and some others to Inspect the regulation of it 
as by order may appear and againe the Selectmen and In- 
habitants did renue yo'' former order to us for this year 1678, 
as by y'' Copy of yo' order entered in the towne booke may ap- 
pear. Butt wheras wee haue no towne clarke to signify ye said 
order impowring us and some of the selectmen Refusing to 
Joyne with others in sighning therof and giuing us warrant to 
Actt wee are at a loss to execute the same wherby the towne is 
greatly damnified by oppressing the Common, wee therfor 
humbly request the honoured Court to give us Relief in ye 
aboue premises. 

fCopy made June 25, 1678, by Jno. Higginson, jr., J of the 
return of the layout by William Hathorne, Henry Barthol- 
mew, Richd. (his mark) Rouland and Samuell Ward, dated 
Apr. 24, 1666: "That the way shall lye out of the towne of 
marblehead as the Comon cartway now lyeth foure rods wide 
and so to Run four Rodds broad as we haue marked trees 
nere the way as it is commonly used only upon the midle of 
the playne we leaue the common way and goe somwhat on 
the left hand of the old way according as the trees are marked 
and so to run foure Rodd wide untill we come to the Bridge 
and then to goe foure Rodd wide untill we come to the litle 
gate that standeth in the South feild fence, and then we haue 
determined that the way shall run through at that gate upon 
a streight line unto an old tree that lieth neare that common 
high way in the South feild and so to goe alonge the way, 
as it is now used through the South feild unto the mill Dam 
and the Breadth of the whole way through the South feild to 
be one Rodd wide and that this is our Joynt agrement," etc. 

At a meeting of the proprietors of the South field, 25 : 2 : 
1678, Mr. Wm. Browne, jr., Capt, Jno. Price and Lieut. Pick- 

X Autograph. 



70 SALEM QUARTERLY COURT [June 

"To the constables & tithingmen of marblehead Salem 

& Linne 

"This court being informed that diuers psons in yo^ townes 
doe contrary to law priuately keep tipling houses to the in- 
crease of disorders amongst us which wee ought to indeauour 
to p'vent, you are hearby required in yo"" respective townes, 
diligently to inquire & search, that you may be inabled & 
accordingly doe from time to time certify to this court of any 
unliscenced pson that haue or shall p-^sume to sell drink in 
their houses contrary to law. And wheareas wee are alsoe 
informed that there are more publicke houses or ordinaries 
in each of yo' Townes that haue beene formerly liscenced 
then are nessessary or usefull, you shall acquaint euery such 
pson that the court will not renew more liscences then are 
necessary for occasions of the respective places, & those to 
be comended to their consideration by the selectmen of the 
Towne, And therefore all such psons are to take notice that 
they ingage not themselues by making provissions for enter- 
tainment in expectation of obtaining the renewing of theire 
liscences, wherein the court will haue respect only to the ne- 
cessity of the place, the Ancientest most sutable & most orderly 
houses & ordinary keepers & all others are not to expect to 
obtaine what possibly they may desire, & alsoe you shall giue 
notice to the select men that they be carefull & prudent in 
giueing theire approbation to any or more then necessarye 
& what they shall certifye under theire hands be after Joynt 
deliberation at some of there meetings."* 

ring were appointed a committee to ask the Salem court for 
satisfaction for those persons through whose land the Country 
highway goes in the south field. Copy of the vote made by 
Samll. Gardner, jr.,t clerk. 

♦Petition, dated June 25, 1678, of the selectmen of Mar- 
vellhead, Christopher Lattimore,t Ambros Gale,t John Mer- 
rettt and Robart Bartlett,t and of other inhabitants, Richd. 
Norman, Richd. Reade, Will. Nicke, Sam. Morgan, James 
Dinnis, James Stilson, John Chin and Richd. Oliver: "wheare 
as Theare are much Disorders In the towne and the sin of of 
Drunkneness much Incresed By Reson of ye manifould ordi- 
naries ore Rather priuate Litienced Houses that there are In 
The Towne and not only Dis Honouer god god But all soe 
Renders men of there Employm* and Beeing Intrusted by 

t Autograph. 



1678] RECORDS AND FILES 71 

other men for the gaining of a Liuilihood what Theay should 
paye for To satisfie for there Clothing and prouitions It Is 
spent In Those priuate Houses whether nither Constable 
grandiurryman nor Tithingman can Com Nere Them to 
p'-vent them and Now our Humble Request Is to Yo' Honors 
That yo'' worshipes will pleas to tak of those Litiences and 
that yo"" worshipes will Not grant any but such as are aLowed 
By the selecte men Becaues Litienceced Houses Haue keepte 
this disorder that was tithing man and this Is the HumBle 
Request of yo' HonCs Humble Saruants Boath Selectemen 
and sume of ye Towne Eles." 

Petition, dated Salem, June 25, 1678, and signed "Your 
humble & affectionate servant, John Higginson:"* 

"Being credibly informed that there are at this time belong- 
ing to Salem about 14 Ordinaries & publick drinking Howses, 
some of them licensed others of them unlicensed, (viz 1. m"" 
Gidny, 2 m'' King: 3 Capt. More, 4 Elhn HoUinwood, 5 Jo: 
Proctor. 6 Nath Ingersoll, 7 Darling, 8 m' Croad, 9 Will: 
Lake: 10 Edw: Bridges, 11: Gilbert Taply, 12 Fra. Collins, 
13. Goodie Kippin, 14 Ruben Guppa. & that there are 4 more 
y* now at this time desire & endeavour to get approbation or 
license, viz, 15 John King, 16 John Peas, 17 Sam: Eburn, 18. 
John Clifford And being set in this place by God & men as 
a Watchman by office, I dare not but discharge my duty 
in giving warning agst y^ sin of Drunkennes & ye excessive 
number of drinking howses in this place; & having libertie 
by law (as title Common Liberties) upon consideration of 
many things in y« fear of God, I find it to be my duty at this 
juncture of time to present this information to y^ Honoured 
County Court: That though the continuance of these & y® 
adding of more may be a gratifying of such as are too much 
given to drinking, & not so well affected to sobriety law & 
good order, yet I beleeue it is a very great grievance to y« 
generallitie of y'' church members freemen & sober people 
of Salem, as well as to my selfe, (& I doubt not if there be 
need upon enquiry your Worships would find it so,) not seeing 
how such a multitude of drinking houses can possibly stand 
with y« law made in 75, for a Reformation of excessive drink- 
ing under y^ title of provoking evils, when it is well known 
y* till within this few years 2 ordinaries were judged sufficient 
for Salem, & y« divers of these haue set up since y making 
of y^ law in 75: & most of them are known to be frequented 
by town dwellers, to y^ great impoverishing of y^ town, y* 
encreas of tipling drinking & company keeping, the dishonor 
of God, & further provoking of his wrath. 

"Therfore it is humbly propounded to ye serious considera- 
tion of the Honoured County Court, whether by y^ Exercise 

* Autograph. 



72 SALEM QUARTERLY COURT [July 

Court held at Salem, 24 : 5 : 1678. 

Judges: The Worshipfull Samuell Symonds, Esq., Deputy 
Govr., Majr. Generall Daniell Denison and Maj. Wm. Hath- 
orne. 

The. Leighton was sworn constable of Linn. 

Blaz Vinton was fined upon his presentment for breach of 
the peace. 

of & emprovem* of your wisdome Integrity Authority or 
zeal for God, against Sin (according to the forementioned 
law & as an act of reall reformation of such a provoking evill) 
whether there may not be a pulling down of all such publick 
howses as are found upon mature deliberation not to be abso- 
lutely necessary for ye entertainment of travailers & strangers, 
& a reducing them to some few W^^ may be sufficient for y* 
end, as in former times. 

"And in particular y' you would pleas not to license Edw. 
Bridges, He being not approved by y" most of y^ sober people 
of this place, either for his sobriety, or for his Fidelity to law 
& good order. 

"The Lord giue you the spirit of wisdome & counsell & 
of y^ Fear of God, to make you of quick understanding in 
y® fear of y® Lord, y* you may doe in this & all things els, as 
may be for y^ glory of God, y^ Reformation of growing Evils, 
y^ discountenancing y^ Prophanes & encouragem' of Godlines 
in this place, y* it may turne to your own comfortable account 
in y^ great day of y*" Lord." 

William Smith and Richard Palmer testified that about 
two months ago, they came into Edmond Bridges house 
and called for some cider, having three quarts at 2d. per 
quart. Also about three weeks ago they were at Bridges and 
had about four quarts of cider. James Shaw testified that 
he paid 3d. per quart at that house. Sworn, 4:4: 1678, before 
the commissioners of Salem. 

John Bolorig and Thomas Coates testified that "the last 
Sabath day at euening was seuen night," being thirsty, he 
called for a quart of cider at Bridges house, and his girl or 
the maid brought it. Sworn, 4:4: 1678, before the com- 
missioners of Salem. 

William Smith, having been complained of for drunkenness 
and Henry West testifying as to his drunkenness and abusive 
language to the tythingman, and he himself confessing, was 
fined. May 15, 1678, by the commissioners of Salem. He 
confessed that he had his drink at Edmund Bridges and that 
they had about five quarts of cider at 3d. per quart, before 
Bartholmew Gedney,* commissioner of Salem. 

* Autograph. 



1678] RECORDS AND FILES 73 

Whereas the court's advice was asked about a difference 
between Will. Curtice, master, and Jacob Preston, servant, 
about the fulfilling of the indenture of apprenticeship on 
either part, court advised and they agreed to refer it to the 
Worshipful Major William Hathorne.* 

Whereas upon complaint made by several persons of Mar- 
blehead for want of a town clerk at Marblehead and not taking 
forfeits, court gave out an order the last session for the regula- 
tion of that grievance, and there being a return made to this 
session by the selectmen of Marblehead, court did not see 
cause to interfere but left it to the selectmen who are thought 
to be meet judges. f 

Copy of the record of a commissioners' court, 4:4: 1678, 
at Salem: Edmond Bridges, complained of for retailing cider 
within doors contrary to law, whereby one was found drunk, 
was bound over to the next Salem court, with Frances Nurss 
and Christopher Lattamore, as sureties. 

*Copy of the record of a commissioner's court held, 4:4: 
1678, at Salem. 

Petition of Jacob Preston: "yo"" poore petitioner haueing 
bin sometyme an Aprentice vnto Thomas Chandler of An- 
dover," blacksmith, and by him assigned to fill out his service 
with William Cortis of Salem according to indenture and 
orders of the Salem court of July 18, 1676, and having ful- 
filled the indenture, said Cortis did not perform his part in 
providing double apparel at the expiration of his apprentice- 
ship. Said Preston had "come out of his tyme very poore, 
& hath not wherewithall to goe to Law to recouer his right." 

Indenture, dated May 20, 1671, between Thomas Chand- 
lerj of Merrimack, blacksmith, and Jacob (his mark) Presson 
of Andover, whereby said Jacob, with the consent of Nicolas 
Holt of Andover, his father-in-law, by the marriage of his 
mother, and by her consent also, bound himself to said Chand- 
ler for seven years, from Mar. 26, 1671. Wit: George Abbott, 
sr.§ and Alexander Sessions. § 

fPetition, dated July 24, 1678, of Christopher Lattomore, 
Ambras Galle, Rabord Bartlet and John Merrett, selectmen of 
Marblehead: "Whereas you were pleased to order us to do our 
duty with Respect to the trespassers upon the Common or 
giue our reasons for not so doing in answer there to we humbly 
apprehend our selues not obliged to grant any Warrants for 
distraining on the estates of such whome thay Call delinquents 
in that we had no such instruction from the Town when we 
ware chosen to grant or signe any such warrants and att 

t Autograph and seal. § Autograph. 



74 SALEM QUARTERLY COURT [July 

William Ferryman, complained of by his master Nathll. 
Wallis, for disorderly carriage in his service and running away, 
was sentenced to serve his master Wallis half a year longer 
than he was first bound for.* 

In answer to a petition presented by several persons sub- 
scribed as proprietors or commoners in Salem complaining 
that some of their common land had been alienated by the 
selectmen, the court advised that there was no other way to 
right their wrongs but by civil action. f 



this time are but four, one of whome is really a freeman and 
one other only allowed by the County Court to act as a free- 
man, and the out side Fence also lying downe: we are Ex- 
ceedingly oppresed by other towne Cattell Coming in upon 
us and do therefore Judge it unreasonabell to punish our 
owne poor neighbours when Strangers go scot-free; the pen- 
altys Raised being att all times such as we neuer found ad- 
uantagious to the town in generall we Request therefore your 
direction in the afore said Case," etc. 

*John Basse, aged about thirty-one years, deposed that 
he had been on a fishing voyage with Mr. Nathaniell Wallis 
from the last of January, in a boat with said Wallis and his man, 
William Ferryman, until the latter ran away from his master. 
During all that time they had sufficient provisions and unless 
business prevented, they always had three meals a day when 
every man might have eaten to his full satisfaction. De- 
ponent had seen his master strike Ferryman, but the first 
time was because his master commanded him to boil the pot 
and he refused, and afterward it was because of abusive words 
to his master. Furthermore, Wallis had told him that if he 
would but be a good servant and do his duty, he would give 
him a year of his time. Deponent had been in voyages with 
said Wallis and never heard anyone complain of lack of food. 
Sworn in court. 

Nathaniell Wallis' bill of cost. 

John Wallis, aged about twenty-two years, deposed that 
he had been two fares fishing this summer with his father 
Nathaniell Wallis, John Basse and William Ferrie Man, etc. 
Sworn in court. 

fPetition, dated Salem, 26: 4 : 1678, of Nathaniel Putt- 
man, John Puttman, Thomas Rootes, John Dodge, Henry 
Kenny, John Foster, sr., James Symons, Abraham Warren, 
Nicholas Hayward, Joshua Ray, George Harvey, John Hill, 
Henry Traske, William Traske, Joseph Boys, sr., Samuel 
Verry, Robert Pease, sr., Samuel Ebborn, sr., Nathaniel 
Felton, sr., John Rowden, John Pease, sr., John Tomkins, 
sr., Edw. Beecham, John Reeves, Tho. Flint, in town, Richard 



1678] RECORDS AND FILES 75 

Adams, Tho. Cole, Richard Croade, John Williams, Jno. 
Burton, sr., Nath. Sharpe, Tho. Cooper, Daniel Southericke, 
Tho. Maule, John Traske, Anthony Buxton, Thomas Brackett, 
Samuel Gaskin, Jno. Smith, Jno. Small, Jeremiah Meecham, 
Allexander Orsburne, Isack Meecham, Joshua Buffum, Henry 
Skerry, sr., Francis Skerry, Henry Skerry, jr., Robert Stone, 
Edward Bush, Mathew Dove, Andrew Woodbery, Joseph 
Phippenny, sr., William Lord, Jacob Barney, Thomas Crum- 
well, Thomas Robbins, Mathew Price, John Clefford, Isack 
Williams, Daniel Rumball, Jacob Puddeater, Steephen Has- 
kett, Reuben Guppy, Frances Collens, John Ingerson, sr., 
Richard Hide, Joseph Williams, Edward Woollan, John Mas- 
sey, Thomas Oliver, Richard Hutchison, James Hadlocke, 
Joseph Pope, Ezekiel Cheever, Richard More* and Thomas 
Jeggells:* "Being proprieto'"s of y*' Commons of Salem accord- 
ing to a Law Intitaled Towneship priviledges made in y'^ yeare 
1660 wherein was Impropriated all commons in particular 
Townes to the then erected howses; wee haueing suffred o' 
neighbors to make use of y^ Common as o^'selues & that hath 
not satisfied them but much of o"" Commons hath bin some 
sold out right & others Leased out for a Thousand yeares 
to o"" greate griefe and damage, Therefore o*" humble petition 
to this hono'd Court is that they would be pleased to sett us 
in some orderly way whereby wee may preserve what we yett 
enjoy & help if it may be to recover what is gon. We Intend 
that in speciall wch hath bin disposed of within these Two 
last yeares past by the then Selectmen, Some of whom had 
noe propriety with us & noe humble desire thus to be under- 
stood that we aime not nor sue for particular Impropriation 
of ye commons to o''selues but that they may remayne & stand 
in ye same station originally Intended for." 

"Wheras Thomas OUiuer on the 20*^ day of this Instant 
month of June proclamed through the Streets of Salem towne 
as followeth: viz we whose names are under written desire 
you to publish in euery Street of the towne that the Maj' 
part of such as are propriators in the Comage of the towne 
of Salem According to A law made 1660 Intitled Township 
prueledges, haue Appointed to meet the last day of this weeke 
in the meeting house about 10 of y'' Clock in the morning to 
order their preueledg as they shall See Cause which was Signed 
with y'^ names of nath Putnam Jn° Putnam, Jn" Dodge, 
W™ Curtice, Nath. Sharp, Jn° Waters James Simonds Jn° 
Ingersoll, Nick^ Haward & Jno. Forster Dated June y<= 16, 
1678. The Select men of Salem meeting together to Consider 
of the aboues^ premises: doe declare that they Judge that 
their proceedings of this nature is verey Eregular, Ellegall 
& tends much to the disturbance of y^ peace & quiet of this 

* Autograph. 



76 SALEM QUARTERLY COURT [JuIy 

Upon complaint of the Worshipful Maj. Hathorne and the 
selectmen of Salem concerning the public warning of a meet- 
ing of the commoners of the town by Tho. Oliver by 
order of several persons undersubscribed to the paper given 
him to publish in the streets of Salem, most of the persons 
appearing and not disowning it, court ordered that the pub- 
lishing of the writing was altogether irregular and tending to 
much disorder and confusion, also highly offensive, yet it 
being the first offence, they were admonished. 

John Putnam, Nathanll. Putnam, James Symonds, John 
Dodg, jr., and Nath. Howard appealed and were bound to 
the next Court of Assistants. 

John Ballard, late constable of Linn, for letting one com- 
mitted to him by Major Hathorne escape, was fined. 

Martin Hall's wife was fined for fornication. 

Upon approbation of the selectmen of Salem, court allowed 
Mr. [John. — Waste Book.] Gedney, Mr. [Daniel. — Waste 
Book.] King and Capt. [Richard. — Waste Book.] More to 

towne, & therefore doe desire & Require all those that are 
Conserned in this present Intended meeting to forbare Com- 
ing together In Such an Eregular & disorderly way. Salem 
21 : June 1678 p"" John Higginson,* p'' the order and in the 
name of the Select men. 

"I doe fully aproue of this of y^ Selectmen & doe require 
all to for beare this unlawfuU meeting as they will answer it 
at their outmost perrill p me Wm. Hathorne,* Assist. Dated 
21 : 4 mo. 1678." 

John Nicols testified that there being arbitrators chosen 
to end a difference between Richard Adams and Bray Wilkins 
and John Nicols and Hennary Wilkins, the arbitrators chose 
a fifth man to whom deponent objected and he asked Edmond 
Bridges to speak to the arbitrators to have a more indifferent 
man appointed. Deponent said he was as much concerned 
in the case as his father Wilkins or father Nicols, for he was 
bound with his fathers to old Goodman Adams. 

The selectmen's bill of cost, 21i. 4s. 

Bill of cost of Nathanell Putnam. 

Summons, dated 28 : 4 : 1678, to Corporall John Putnam, 
Nathaniell Putnam, John Ingerson, James Symonds, John 
Waters, Nathanill Sharp and William Curtice, to appear 
for having a hand in the publication of a paper in Salem streets 
irregularly, signed by Hilliard Veren,* cleric, and served by 

* Autograph. 



1678] RECORDS AND FILES 77 

keep ordinary and draw wine as formerly, and no others, only 
Gilbert Tapley was allowed to sell one-penny beer.* 

Upon approbation of the selectmen of Marblehead, court 
allowed Mr. Ridan, Richard Norman and Mr. Lattamore 
to keep ordinary and draw wine as formerly.f 

Daniell Cleark of Topsfeild, Nathaniell Ingerson and Georg 
Darling had their licenses renewed. 

The return of the men appointed to lay out the highway 
between Salem and Reding was allowed. | 

Giles Coree, for suspicion of firing John Proctor's house, 
was dismissed, on condition that he produce evidence, which 

William Curtis, § constable of Salem, who summoned all except 
John Waters. 

*Jno. Curwin,§ Phillip Cromwell, § Richd. (his mark) Leach 
and Edward FHnt,§ selectmen, on July 19, 1678, returned to 
the court the following names as suitable persons for the 
keeping of public houses of entertainment, Mr. Gidny, Mr. 
King, Capt. More, Sergt. Lake, Mrs. Hollingworth and Mr. 
Croade. 

fAmbros (his mark) Galle, Crestafor Latamor,§ Robart 
Bartlett§ and John Merrett,§ selectmen of Marblehead, on 
June 28, 1678, petitioned the court "that Insint norman may 
Contenu for to kepe a hous of entartainment . . . for wee 
doth not know of any desorder that hee doth alow of in his 
hous." 

JReturn of the lay out, dated July 23, 1678, signed by John 
Hathorne,§ Eleezer Giles, § John (his mark) Peirson, sr., 
William Bassett,§ John Weston§ and [Mathew] Edwards :§ 
"Begining at Brooksbey or the Butts brooke haue layde out 
foure pole Broad through Salem Bounds itt being the Same 
waye formerlye layd out & now made use of Betweene Salem 
& Redding; And through lyn bounds wee pass Alonge throught 
part of m'' Nedams Farme & soe through part of Maj"" Rayns- 
burough playne leaueing the High wayes to the Meddowes 
(Called by him y^ Countrye meddows) on the Right hand 
soe paseing Right on to Welmans; leaueing Welmans house 
& feild on ye Right hand soe Right to the Riuer or brooke; 
Caled formerlye Saugust River w''^ is the Riuer or brooke 
that is the Bounds betweene linn & Redding Towne: this 
Roade Also through linn Bounds wee layd out foure pole 
Wide And from the Aboues^ Riuer or brooke wee layd out 
the waye into Redding Towne Untill wee Come to Andiver 
Country Roade which Runns by Hannanya Parkers wee 
Aproueing of & laying out the Same Roade into Redding 

§ Autograph. 



78 SALEM QUARTERLY COURT [July 

he claimed he had, that he was at home all night that 
night.* 

Mary, wife of John Heard, was granted a divorce on the 
grounds of insufficiency, he having left her contrary to court's 
order, unless he return within a month, 

William Lake, having laid in provisions whereby he was 
much indebted and not having his license renewed, court 
granted liberty to him to continue his former license until 
Mar. 2 next, but he might not expect to have it afterwards. 

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

Ambross Gale of Marblehead was appointed administrator 
of the estates of three men, who were drowned in the winter 
of 1677, William Pearce, Denis Bartlett and Robert Pike, 
and he brought in an inventoryf of their estates, which were 
to be settled at the next court. 



Towne that formerlye was & now is made use of; layeing out 
this Roade Alsoe into Redding Towne foure pole broade." 

*Warrant, dated July 24, 1678, for appearance of Gilles 
Corre, signed by Daniel Denison.| 

flnventory of the estate of William Pears, deceased, taken 
Apr. 29, 1678, and allowed, 25:5:1678, in Salem court: 
105 lb. of pork at 3d. p 1., IH. 6s. 3d.; 1 gun, Hi.; 1 felt hatt, 
4s.; 2 paier of shoos, 7s.; 1 Corsie Coat, lU.; 1 Jackett and 
Briches, Hi. 3s.; 1 Coat, 12s.; 1 paier wosted stokins, 5s.; 
1 paier striped briches and a paier of old drawers, 5s. ; 1 whiet 
shirt, 1 blew ditto, 1 paier drawers and on neckloth, 12s.; 
1 lien and half, 4s.; 1 bedsak, 6s.; 3 1. of shott, 14 hooks, a 
ball of twien, 2s. 6d.; 1 Chest, 8s.; 1-8 of hundred bred, 2s.; 
7 bbs. of mackrell sent to barbados by Robert Coks, 51i. 5s.; 
total, 131i. Is. 9d. Debts: to Ambrose gall, 21i. 9s. 7d.; James 
Stilson, Hi. 4s.; John Chine, 14s. 8d.; John Furbush, Is. 4d.; 
3 cord of wood and 100 C bread to Sam Morgan, Hi. 17s. 6d.; 
Robert Cox, 31i.; Christopher Lattamore, 16s. 6d. ; Robt. 
Cox, Hi. 10s.; more, about 15s.; total, 121i. 3s. lid. 

Inventory of the estate of Denis Bartlott, deceased, taken 
Apr. 29, 1678, and allowed 25:5:1678, in Salem court: 
1 suett of Cloth Cloas, Hi. 2s.; 2 paier of striped briches, 
lU. 2s.; 1 Cloth Coat, 15s.; 1 Red wastkott with silver lases, 
15s.; 1 Red wastkot, 7s.; 1 shirt and a paier of old drawers, 
8s.; 2 long neckloth and hankercher, 8s.; 2 French liens, 
7s.; 5 dozen 1-2 of Codhooks, 13s. 9d.; 2 paier french fall 
shoes, lis.; parsill of wostid and a paier of wosted stokins, 
8s.; 1 Cabin Rug and old bedsack, 9s.; 1 old Coat and Briches, 

X Autograph. 



1678] RECORDS AND FILES 79 

Theophilus Baily, Richard Norman, Hugh Lattamore and 
Capt. Richard More had their licenses renewed to keep ordi- 
nary for the year ensuing. 

Steephen Haskett, Mr. John Higgenson, Mr. Moses Maver- 
ick, Mr. Wm. Browne, jr., Capt. John Corwin, Mr. John 
Gedney, Mr. Timothy Lindall and Mr. Bowditch had their 
licenses renewed for selling strong water. 

Samll. Shattock and Richd. Rease had licenses granted for 
selling strong water for the ensuing year. 

John Nurss and his wife, presented for committing fornica- 
tion before marriage, were fined 61i.* 

Phillip Cromwell, presented for swearing by the name of 
God, was dismissed.! 

5s.; 1-8 of a hundred of bred, 2s.; total, 71i. 12s. 9d. Debts: 
to Ambros Gall, 51i.; John Furbush, 31i. 4s. 6d.; Richd. Read, 
15s.; John Chinne, 8s. 6d.; Grigory Codner, 21i. 15s. 9d.; 
Robert Cox, Hi. 10s.; Samuell Morgan, 5s.; Christopher 
Lattamore, lli. 7s. 7d.; total, 151i. 15s. 4d. 

Inventory of the estate of Robert Pek, deceased, taken 
Apr. 29, 1678, and allowed 25: 5 : 1678, in Salem court: 
hooks, Leins and leads, 10s.; 1 old Cloth Coat and stuff 
briches, 12s.; Cloth Coat, Hi.; 1 hatt, 2s. 6d.; parsell of old 
hooks and 1 led, 5s.; 1 old shirt, 1 paier drawers, 2 old neck- 
loths, 4s.; 1 old pillow and bed sak, 5s.; 1 old Chest, 4s.; 
one gun, 10s.; total, 3h. 2s. 6d. Debts: to Ambrose Gall, 
4U. 10s. lid. 

William Peerse, debtor to Cr. Lattomor, 16s. 6d. 

Denes Bartlot, debtor to Cr. Lattomor, lli. 7s. 7d. 

*Summons, dated 10 : 5 : 1678, signed by HilHard Veren,t 
cleric, and served by Joshua Rea,t constable of Salem Farms. 
Wit: Eliza. Buxton, Mary Joanes and Eliza. Cook. 

fWit: Richard Bryars and Nathanll. Pickman, jr. 

John Massey, aged about forty-seven years, deposed that 
Richard Bryar came to his house the first day of Ipswich 
court, 1678, and said that, although Crumwell would not buy 
his bullock, he had sworn before Mr. Batter that Cromwell 
swore an oath. 

Sarah Massey, aged about thirty-eight years, deposed that 
Bryar was much in drink, etc. 

Hanna Wels, aged about twent\^-five years, testified that 
Bryar came to her brother Massey's house, etc. 

Richard Briers, aged about thirty years, testified that as he 
passed along the street Mr. Philip Cromwell asked him where 

t Autograph. 



80 SALEM QUARTERLY COURT [July 

Edmond Bridges, presented for affirming an untruth or lie 
several times, was dismissed, it not being legally proved.* 
Richard Croad, presented for selling wine and rum, was 

fined. t 

Frances Collens, presented for selling two-penny beer with- 
out license, was fined. J 



his oxen were. He answered, at Brown, the glazier's. Then 
said Cromwell, being angry, "by God will you not shew mee 
ym & y^ said Briers answered him do not sware." Sworn, 
26 : 1 : 1678, before Edmund Batter,§ commissioner. 

Nathaniel Pickman, jr., aged thirty years, deposed that he 
heard Cromwell swear that he would not take old Brinne's 
pay, etc. Sworn, 8:2: 1678, before Edmund Batter,§ com- 
missioner. 

William Reeves, aged about thirty-three years, testified 
that the day before the last Ipswich court, being at Isack 
Williams' door, his master, Mr. Phillip Cromwell, desired him 
to go along with him to look at an ox at Sail. Browne's house. 
One Briars went with them, who was going through the land 
which led to Browne's house toward Mr. King's house, etc. 

*Wit: John Putnam, John Pickerin, sr. and Manases Mas- 
tone. 

fWit: Edward Bridges and Sarah Bridges. 

Thomas Coupar testified that several times the past winter 
he had seen Indians go sober from him into Mr. Crod's house 
and as he came out of town he had seen the same Indians 
drunk at Mr. Crod's house. The very same Indians came 
up to their house and made a great disturbance, so that they 
were obliged to lock themselves in. 

Josiah Bridges testified that last frostfish time, he was 
invited into Mr. Crod's house and saw an Indian drink rum 
or brandy and cider, the Indian paying Crod for it. Also in 
September last he drank sack and rum there, paying for the 
wine by the pint and the rum by the gill. One night while he 
was there, there was music and dancing when it was pretty 
late, etc. Sworn in court. 

|Wit: Mr. Edmund Batter and Charles Gott. 

Petition of Francis Collins: that in all the years he had 
been an inhabitant of Salem, he had tried to serve both coun- 
try and town, but lately being aged and having a charge of 
children to maintain, he and his wife brewed some beer for 
vessels, also penny beer. Mr. Bartholomew, the customs 
master, demanded customs of him, which he paid, and thinking 
it no wrong sold also strongwater. He petitioned that his 
fine might be remitted. 

§ Autograph. 



1678] RECORDS AND FILES 81 

Henry West and John Norton, presented for swearing to 
what was fallacious, were admonished.* 

Edmond Bridges, presented for unfaithfulness in receiving 
ten shillings of Ben. Mazure to plead his case and then did 
not, was admonished. t 

William Hoare, presented for himself and son Samuell 
neglecting the public ordinances, was admonished. | 

Benjamin Ireson, presented for pound breach, was fined, 
and a part of the fine respitted. 

Order to the selectmen, constables and tithingmen of Salem, 
Lin and Marblehead: that court had allowed to keep ordinary 
for Salem, Mr, John Gedney, Capt. Richd. More and Mr. 
Daniell King; for Marblehead, Mr. Riddan, Richard Norman, 
and Mr. Lattamore, and for Linn, Theo. Bayly and Capt. Tho. 
Marshall; they were to report to court all others who should 
presume to sell wine, beer or cider without license. 

*Wlt: Edm. Bridges, Sarah Bridges and Mathew Price. 

lEdmond Bridges accepted a fee of 10s. as attorney in an 
action against Ben. Mazure who was absent at sea, but at 
the trial did not speak a word for him. Upon an appeal 
from the judgment of the court in the same case, he became 
attorney for the opposing party, Phillip English, and proceeded 
against said Mazure. Wit: Hen. Skerrj^ jr., James Browne, 
Walter Fairefeild and Laurance Mazure. 

Summons, dated 3:5: 1678, signed by Hilliard Veren,§ 
cleric, and served by David Phippen,§ constable of Salem. 

Benjamin (his mark) Masere, of Salem, on July 10, 1678, 
having formerly made James Browne of Salem his attorney 
to prosecute against Edward Bridges of Salem, before the 
last commissioners' court, said Bridges appealing, acquitted 
said Bridges, etc. Wit: John Cromwell§ and David Phippen.§ 

I Wit: Joseph Rootes and John Lovet, jr. 

John Lovet, jr., deposed that they did not go to meeting 
when at home and in health, and also went walking abroad 
when meeting was over. 

Venire, dated 15 : 3 : 1678, for Marblehead grandjuryman 
and trial jury men, signed by Hilliard Veren,§ cleric, and 
served by Wm. Wood,§ constable of Marblehead, who returned 
the name of John Peach, jr., for the jury of trials and James 
Dennis for the grand jury. 

Summons, dated July 3, 1678, to Thomas Chick, for up- 
braiding John Grover for praying in his family and for taking 
said Grover by the neckcloth and threatening him, and as 

§ Autograph. 



82 IPSWICH QUARTERLY COURT [Sept. 

Court held at Ipswich, Sept. 24, 1678. 

Judges: Sam. Symonds, Esq., Dep. Govr., Major Genrll. 
Daniell Denison, Esq., Major Wm. Hathorne, Esq. 

Grand jury: Mr. Wm. Cogswell, Thomas Clarke, Sam. 
Ayres, Antho. Potter, Wm. Story, James Jackman, Rich. 
Bartlett, Ben. Rolfe, Abr. Reddington, John Tod, Richard 
Holmes, Jo. Redington, John Marston and John Simmons. 

Jury of trials: Tristram Coffin, John Burnam, Jo. New- 
marsh, Joseph Safford, Tho. French, Nicho. Wallis, John 

some spectators judged, might have strangled him if he had 
not been rescued, also for calling him rogue, signed by Hilliard 
Veren,* cleric, and no return made. Wit: John Grover, 
John Trask, jr., and Tho. Partor. 

Summons, dated July 3, 1678, to the wife of Mathew Tay- 
lor, for her lying about a petticoat, which upon suspicion was 
stolen from Peeter Woodbeyre by her husband, and when 
she was asked where she got it, she said of John Raiment, sr., 
and he denying it, she was asked again by the wife of John 
Dodg, sr., and she said she had it of Ephraim Herrick's wife 
and gave three bushels of corn for it, which she told to John 
Sampson, constable, but Herrick's wife denied it; signed by 
Hilliard Veren,* cleric, and no return made. Wit: Mary, 
wife of Ephraim Herrick, Mary, wife of John Herrick, Sara, 
wife of John Dodge, sr., John Sampson and Peeter Woodbery. 

Venire, dated May 21, 1678, for seven Salem trial jurymen, 
signed by Hilliard Veren,* cleric, and served by David Phipen,* 
constable of Salem, who returned the names of Mr. Timothy 
Lindall, Mr. John Ruck, Mr. Tho. Gardner, Corporal! Jon. 
Putnam, Ed. Grover, Manasses Maston and Eleazer Giles. 

Venire, dated 15 : 3 : 1678, for W^enham, one grand jury- 
man and one trial juryman, signed by Hilliard Veren,* for 
the court, and served by Samuell Kemball,* constable of 
Wenham, who returned the name of Richard Hutten for the 
jury of trials. 

The clerk's trial list, with the jury's verdicts. 

Writ: Phillip Welch v. Robert Bartholet; for abusing and 
dragging him out of his own house about a fortnight since; 
dated May 15, 1678; signed by Daniel Denison;* no return 
made. 

Executions against John Codner and Peter Harhn. 

Thomas Laughton, for the selectmen of Lyn, on 20 : 4 : 
1678, petitioned the court that Clement Coldum be allowed 
40s. for work done on the county bridge in that town, his bill 
having been lost. 

* Autograph. 



1678] RECORDS AND FILES 83 

Emry, Tho. Hale, Thomas Tenny, Joseph Bojmton, John Com- 
ings and Henry Ingalls. 

Mr, Phillip Nellson v. Thomas Leaver. Defamation. 
Verdict for plaintiff. The defendant was to pay a fine or make 
acknowledgment in court and at the next lecture day at 
Rowley immediately after the exercise, according to the 
nature of the offence. Appealed to the next Court of Assis- 
tants. Defendant bound, with Thomas Leaver, jr., and 
John Pearson, jr., as sureties.* 

*Writ, dated Sept. 17, 1678, signed by Robert Lord,t for 
the court, and served by Jeremiah Elsworth,t constable of 
Rowley. 

Bond, dated Sept. 17, 1678, for appearance of Thomas 
Leaver, sr.,t with Thomas Tenny, sr.,t as surety. 

Thomas Leaver's bill of cost. 

Phillip Nellson's bill of cost, Hi. 12s. 4d. 

Tho. Leaver's! acknowledgment, dated Aug. 18, 1678, 
to Mr. Philip Nelson: "thes is to mind you that ther haueing 
falne out speach between you and I not longe since not comfor- 
tabl this I say conserneing the substance theroff: that your 
last speaches at our gate was troublsome to me: & to my under- 
standing dishonourabl to god & tended to some degree of blas- 
phemie : now if I did then or any time sence express my troble 
in too harsh or high words as is very posible I might I dis- 
aproue & desalow of them and all of them & condemne myself 
for them as euil words and not meet to be spoken on that 
ocation: specially to you & am sorry for them as far as I can 
remember any of them & intreat you to pardon the same for 
I am really greved that I could manage that mater no more 
purely seeing it was in gods behalf not my owne." 

Thomas Leaver'sf additional acknowledgment, dated Aug. 
30, 1678, to Mr. Philip Nelson, the previous one having been 
made in the presence of Ezekiel Northend and Thomas Woodi : 
"I say that I doe repent that I used y'' word blaspheme in my 
speach to you: without that explecation and indignation men- 
tioned about the begineing of the writeing afforesaid. 21y: 
I acknowledge my erour in telling the speaches to any before 
I had according to rule debated the mater with you alone, and 
both have don and will vndoe the same as farr as acknowlidg- 
ment of my fait will reach to those to whom I spoke them & 
if yet you be not satisfied tell me by word or writting wherin 
I fall short of the rule & I will endeuer to aplie myself therunto 
according to my best light." 

John Acye, aged about forty j^ears, and Andrew Hiddin, 

t Autograph. 



84 IPSWICH QUARTERLY COURT [Sept. 

Samuell Ayres v. John Pengilla and Joseph Jacob. Appeal 
from a judgment of the Worshipful Deputy Governor. Ver- 
dict for plaintiff, reversing the former judgment.* 

aged about fifty-five years, deposed that being in the country 
road in Rowley they heard Leaver acknowledge that he had 
charged Nelson with blasphemy. Sworn in court. 

Thomas Leaver, jr., aged about thirty years, deposed that 
near their door, he heard his father say to said Nelson, "Sir 
may not you be deceiued, to which the said m"" Nelson re- 
turned this awfull answer god is not in heaven if I be deceiued 
& soe he departed away." Sworn in court. 

John Tod, aged about fifty-seven years, deposed that after 
the discourse between Leaver and Nelson in the street about 
Thomas Burkbee's barn not far from the town end, said Leav- 
er told him that he heard that Andrew Hiden would witness 
against said Leaver, etc. 

Thomas Leaver, sr., said that Nelson talked with him near 
his house about 151i. that was, as he said, unjustly detained 
from Mistress Rogers about seventeen years ago which said 
Nelson supposed was paid by the town and kept in some men's 
hands. He especially hinted at Deacon Jewit and the Rev. 
Mr. Samuel Philips, etc. Mary, wife of Thomas Leaver, sr., 
affirmed the same. 

*Copy of this action tried, July 20, 1678, before Samuel 
Symonds,t Dep. Governor: 

Writ: Samuel Eyers, jr. v. Joseph Jacob and John Pengilly; 
trespass, for filling up his ditch which Was made to secure his 
corn against hogs,' whereby the corn field was open to the com- 
mon for hogs and other creatures; dated July 15, 1678; 
signed by Robert Lord, for the court; and served by Robert 
Lord, marshal of Ipswich. Bond of John Pengilly and Joseph 
Jacob. 

Nathaniel Hely testified that he saw Joseph Jacob fill the 

ditch. 

Ephraim Fellowes and Samuel Fellows testified. 

Isack Fellows testified that he let to Samuel Ayers his part 
of the farm for four pounds per year. 

Ephraim Fellows, Joseph Fellows, and Nathaniel Sampson 

John Chott and Jonas Gregory testified that the ditch in 
controversy was within the bounds of the farm which John 
Andrews sold to William Fellows, and that they fenced in the 
outside of the ditch about twenty-seven years ago for said 
Andrews. 

Thomas Jacob and Samuel Ordaway deposed that the land 
where the ditch was dug was Nathaniel Jacob's. 

t Autograph. 



1678] RECORDS AND FILES 85 

Mr. Timothy Lindall v. Thomas Blashfield. Debt. Ver- 
dict for plaintiff. To be paid in dry fish.* 

Benjamin Marshall v. Mr. Jonathan Wade, Capt. John 
Whipple, Ens. Thomas Burnam, Deacon Moses Pengry and 
Mr. Tho. Wade. Withdrawn. 

Thomas Borman v. Samuell Hunt. For mowing his land. 
Verdict for defendant. t 

Samuel Sym.onds't judgment for defendant. 

Samuel Eaireses bill of costs. Hi. 6s. 6d. 

Sammuell Ayers, jr.'s,t reasons of appeal, dated Sept. 18, 
1678. Ardway is mentioned as a stranger. Appeal received, 
Sept. 19, 1678, bj'^ Samuel Symonds,t Dep. Governor. 

Answer of Joseph JacobJ and John PengillyJ to Samuell 
Ayeres' reasons of appeal. 

*Writ, dated July 8, 1678, signed by Hilliard Veren,t for 
the court, and served by Henry Skerry, t marshal of Salem, by 
attachment of a table, chair, land and house of defendant, 
summons being left with his wife. 

Letter of attorney, dated 23 : 7 : 1678, given by Timo. 
Lindalll to Philip Fowler, jr. Wit: Robert Lord, J marshal, and 
John Barr3^| 

Mister Lindale's bill of cost, Hi. 9s. 4d. 

Tho. (his mark) Blashfield acknov/ledged, March 29, 1678, 
that he owed Timo. Lindall llli. 17s. lid. in dry fish at Winter 
Island. Wit: Sarah BurelL| Sworn, 23 : 7 : 1678, before 
Wm. Browne, t commissioner. 

t Writ. Thomas Boarman v. Samuell Hunt, sr.; for mowing 
his land, and making void the title of part of his land by the 
town river near Labor-in-vain creek; dated Sept. 19, 1678; 
signed by Robert Lord,+ for the court; and served by Nath- 
anill Rust,+ constable. 

There were granted to John Perkins, jr., six acres of planting 
ground beyond John Maning's house lying between Francis 
Jordan on one side and Thomas Hardy on the other side. 
Also six acres of marsh on Labor-in-vain creek, having Mr. 
Bartholmew on one side and the great river on the other. 
Copy from the tov/n book of Ipswich, Sept. 19, 1678, by 
Robert Lord, J cler. 

Samuel Hunt's bill of cost, Hi. Is. 6d. 

Agreement, dated Jmne 30, 1676, by Margett (her mark) 
Bourman,§ wife of Thomas Bourman, deceased, who was left 
half the farm by her husband's will, that her son Thomas 
Bourman should use and improve the farm, he paying to her 
81i. per annum and agreeing to provide diet for her during 
her life. Wit: Jacob Bennett^ and Mary Kinsman. J 

t Autograph. § Seal. 



86 IPSWICH QUARTERLY COURT [Sept. 

Deed, dated Mar. 22, 1650, given by Mathias (his mark) 
Button * of Ipswich, fisherman, who in exchange for eleven 
acres of land, sold to Thomas Borman of Ipswich, cooper, 
9 3-4 acres on the south side of the river near Labor-in-vain 
creek, bounded by William Goodhue on the west, the river on 
the north, and the marsh of Thomas Perkins on the east and 
south. Wit: Robert Lordf and Mary Lord.f 

Benodict Pulsepher deposed that he had been in the town 
nineteen years and had gone up and down the river more than 
most men and Goodman Riding and his son Hunt always 
mowed the marsh yearly. Sworn in court. 

John Perkins, sr., deposed that the marsh that was granted 
to him, he sold to his brother Tho. Perkins, etc. Sworn in 
court. 

Elizabeth Hunt, aged upward of forty years, deposed that 
her father Joseph Riddings, in his lifetime, and her mother, 
since his death, had mowed it without legal opposition for 
about twenty-six years. Sworn in court. 

Samuel Hunt, sr., aged about forty-six years, deposed that 
about seven or eight years ago Thomas Borman cut some grass 
there and cocked it up ready to carry away, and deponent's 
father-in-law desire him to take his canoe and take it away, 
which they did. Sworn in court. 

Daniell Boarman deposed that he saw Matthyus Button 
deliver a parcel of land to his father Thomas Boarman about 
1650, adjoining the land that is now Goodman Daines on the 
west and land that is now Goodman Newmarches, formerly 
Tho. Perkins' on the south and east, to a place that deponent's 
father made to go over labor-in-vain creek to his Island, and 
so along by the town river to Doctor Daine's land. Sworn, 
Sept. 20, 1678, before Daniel Denison.f 

Quartermaster Perkins deposed that all the marsh from 
above the islands in the marsh along the creek to Ipswich 
river, was granted to him above forty years ago when Mr. Win- 
throp was an inhabitant in that town, which was the first grant 
in that field. Sworn in court. 

Richard Car deposed concerning mowing the marsh for his 
master Perkins. Sworn in court. 

William Hogskins deposed that he lived with Quartermas- 
ter Perkins above thirty years ago, etc. Sworn in court. 

John Newmarsh, sr., testified that he had worked at the creek 
ever since he bought his marsh of his brother Tho. Perkens 
which is about twenty years, etc. Sworn in court. 

Annis (her mark) Readding certified, Sept. 23, 1678, that 
the land in controversy was her husband's and hers for thirty 
years, etc. Owned before Daniel Denison.j 

* Autograph and seal. f Autograph. 




^ai>i^ itjv («j>^-"*' 



vis 1 j-^1^ 



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■^^ f <J * 









lA. 



1678] RECORDS AND FILES 87 

Ephraim Fellows, Joseph Fellows and Samuell Fellows, 
administrators of the estate of Wm. Fellows, and Isaack Fel- 
lows, for himself v. Nathaniell Jacob. Verdict for defendant.* 

Jonathan Wade, aged about sixty-four years, testified. 
Sworn in court. 

John Newmarsh, jr. and Zackeas Newmarsh deposed. The 
land in controversy lay in their way as they went to their 
work, etc. Sworn in court. 

Margaret Boarman and Mary Kinsman, both of Ipswich, 
deposed. Sworn, Sept. 23, 1678, before Daniel Denison.f 

Johanah Fellowes deposed that her father, Thomas Boar- 
man, etc. Sworn, Sept. 23, 1678, before Daniel Denison.f 

Daniel Boarman and Lewis Zackaria deposed that Hunt 
said to Borman, "Get you off of my land you Rogue," and 
ran at Boarman with a fork several times. Said Boarman, 
"You had better try the title to the Land another waj''," etc. 
Sworn, Sept. 20, 1678, before Daniel Denison.f 

Daniel Hovey, aged sixty years, deposed that living in the 
house of Goodman Buton at the time of the earthquake in 
June forty years since and being at that time at work with 
him in his planting lot at the place called Button's point, etc. 
He paid Tho. Perkins two sheep or lambs for the land when 
they were at a high price. Sworn in court. 

*Writ: Ephraim Fellows, Joseph Fellows and Samuell 
Fellows, administrators of the estate of Wm. Fellows, and 
Isaack Fellows, for himself v. Nathaniell Jacob, executor of 
the estate of Richard Jacob; for driving cattle over and put- 
ting them upon their land, which is part of the farm that 
Corpll. John Andrsws sold to their father, Wm. Fellows; 
dated Sept. 17, 1678; signed by Robert Lord,f for the court; 
and served by Robert Lord,f marshal of Ipswich, by attach- 
ment of a house of defendant. 

Nathaniel Jacob's bill of cost. 

Copy of deed, dated Feb. 16, 1659, given by John Andrews 
of Ipswich, yeoman, and wife Sarah, for 3001i., to Wm. Fellows, 
husbandman, his farm on the south side of the Ipswich river, 
bounded by Mile brook on the west, Mr. Saltonstall's forty 
acres on the northwest, the common on the northeast and 
southeast, land of John Fuller and Walker's swamp on the 
south, with houses, barns, stables, orchards, etc.; also 20 acres 
of meadow in Chebacco, bounded by land of widow Haffield 
on the southwest, John Andrews, sr., on the southeast and east, 
a great creek on the north and northwest; also 6 or 8 acres in 
Hog Island Marsh, bounded by marsh of Edward Bragg on 
the northwest, a creek on the southwest which separates Mr. 

f Autograph. 



88 IPSWICH QUARTERLY COURT [Sept. 

John Appleton's marsh from this marsh, land of Thomas Lee 
on the southeast, the southeast end butting toward Chebaceo 
river. Wit: James Chute and WiUiam Wild. Acknowledged, 
Feb. 17, 1659, before Daniell Denison. Copy made by Robert 
Lord,t recorder. 

John Low, aged about forty-three years, testified that when 
Corporal Andrews lived upon the farm which the Fellowes now 
live upon, he told deponent that Sergeant Jacob had improved 
a parcel of land of his which he had given him liberty to do, 
etc. Sworn in court. 

Samuell Gidings and Samuell Ayers deposed that they saw 
some cattle which Joseph and John Pengillie were driving over 
the land in controversy and they said Nathaniel Jacobs gave 
them leave to do it. Sworn in court. 

Deed, dated July 14, 1659, given by Robert Lord,^ attor- 
ney to James Brading, 434 acres, 13 rods of land which had 
been taken by execution from John Andrews, to Richard Jacob 
of Ipswich, which was a part of said Andrews' farm, bounded 
and delivered by the marshal Edward Browne, "from a stump 
of an old post w'h was somtymes deviding betweene Land 
belonging to Richard Saltingstall essquire and the sayd John 
Andrews downe to the River by Richard Jacobs Bridge haueing 
other land of the sayd John Andrews being swamp toward the 
v/est the Land of M"" Saltingstall comonly knowne by the name 
of forty acres towards the North & soe from a stake sett by 
a burnt tree downe to the fence haueing other Land of the sayd 
John Andrev/s toward the East and the sayd fence toward the 
south Haueing alsoe a highway of a rode and halfe broad lye- 
ing through it." Wit: Richard Kenct and John Aires. f . Ac- 
knowledged, July 14, 1659, before Daniel Denison. f 

Jonas Grigery deposed that he had been in the country 
about twenty-six or seven years and made hay on the land in 
controversy before he ever heard of Sergeant Jacob's desire 
to buy the land for a drift way. Afterward, when deponent's 
master Andrews refused to sell it, he allowed him to cart over 
it until he broke the conditions, when Andrews took up his ax 
and said that he would cut down the bridge. Sworn in court. 

John Chott and Jonas Gregory deposed that they fenced in 
the farm on the outside of the ditch now in controversy, about 
twenty-seven years ago. Sworn, July 20, 1678, before Samuel 
Symonds,t Dep. Governor. 

Joseph Jacob and John Pengilly deposed. Sworn in court. 

Copy of will of William Fellows, dated Nov. 29, 1676, proved 
in Ipswich court. Mar. 27, 1677: to his wife, the parlor in his 
house for life and 121i. yearly to be paid by his three sons, 
Ephraim, Samuell and Joseph, also two of his best cows and two 
swine, the sons to keep her in firewood as long as she lives a 

t Autograph. H Autograph and seal. 



1678] RECORDS AND FILES 89 

John Prockter v. Gyles Corye. Appeal from a judgment of 
Major Hathorne, in August last. Verdict for defendant, 
confirmation of the former judgment.* 



v/idow, also land for a garden, and a quarter acre to sow fiax 
in, she also to have all the household goods; to son Isaack, 
Marsh lot at Hog island added to what he had already given 
him; to other three sons, Ephraim, Samuell and Joseph, the 
other half of his farm and salt marsh, with the buildings, stock 
and corn; to daughter Mary, lOli. within two years after his 
decease, and lOli. after his wife's decease; to other three daugh- 
ters, Elizabeth, Abygaile and Sarah, 201i. each; the daughters 
should share equally with the brothers. Wit: Wm. (his m.ark) 
Story, sr., Thomas Borman, sr., and Samuell Ingalls, sr. 

John Chot testified that he lived with Corporal Andrews, 
etc., and that he and Samuell Ingalls hired Andrews' farm which 
the Fellows now live upon and improved it, etc. Sworn in 
court. 

William Danford testified that he lived with Sergeant Jacob 
several years and Chot and Ingalls would not let his master 
drive his cattle over the land in controversy so he was forced to 
go by Job's hills, as they used to call them, two or three years, 
etc. Sworn in court. 

* Copies of the papers in this action 11 : 6 : 1678, before 
Wm. Hathorne,! assistant: 

Writ: Gyles Coree v. Jno. Procter; defamation; for saying 
that Giles Coree was the only person who might have burned 
his house or set it on fire, for he said it was set on fire willfully, 
when he afterward said it was set on fire by a lamp which his 
son carried to bed with him; dated Aug. 5, 1678; signed by 
Hilliard Veren, for the court; and served by Henry Skery, 
marshal, by attachment of a chest and a horse of defendant. 

John Gloyd, aged about twenty-five years, testified that he 
lived in the house with John Parker and lodged in the same room, 
their beds being but four or five feet from one another. The 
very night that Jno. Procter's house was on fire, said Parker went 
to bed about nine or ten o'clock and deponent did not hear or 
see him rise but saw him in his bed the next morning about 
break of day. Mary, wife of said Gloyd, testified to the same 
and that she also saw said Parker in his bed about sun rise. 

Anthony Needom, aged about forty-six years, testified 
that he hearing John Procter say to Gyles Coree as he met him 
with his cart load of wood going to the town, "how now Gyles 
what wilt thou never leave thy old Trade Thou hast golt 
Some of my wood here upon thy Cart." Gyles answered, 
"True I did take two or three sticks to lay behind y"" Cart to 

t Autograph. 



90 IPSWICH QUARTERLY COURT [Sept. 

ease y'' oxen because they bore too hard." This was some time 
in June, 1678. 

Giels Cory's bill of cost, 13s. 2d. 

John Phelps, aged about thirty-six years, testified that com- 
ing by the house of Jno. Procter about two hours before day 
and seeing the roof of said Procter's house on fire, with the assis- 
tance of Thomas Fuller who was in company with him, used his 
best endeavor to quench the fire. They thought that it could 
not have caught fire by accident but by some evil hand. 

Thomas Gould, aged about forty-eight years, testified that 
going into Jno. Procter's house about two days after the 
roof of the house was burned, he and his wife went in to see 
the sad accident. Proctor's wife showed the nature of it and 
they noticed that there was nothing burned downward near 
the upper floor by two feet or more. There was also nothing 
burned in the room where the bed was. Thomas Flint testi- 
fied to the same. 

John Moulton, aged about twenty-five years, testified that 
he had heard Gyles Coree threaten the orchard fence of John 
Pudney, saying that if it v/ere not burnt this year, he would 
warrant it should be burned next year, and that Pudne}' would 
never have any good of his orchard. 

Martha Bates, aged about twenty-nine years, testified that 
she heard Gyles Corey say that Pudney would never have 
any good of the orchard he had hired of Major Rainsebrough, 
for it would be burnt. 

Nathaniel Puttman and Edmond Bridges, tv/o of the arbi- 
trators in the case between Gyles Corey and John Gloyd, tes- 
tified that their award was satisfactory to all parties concerned 
and Gyles Coree gave as many thanks to every one as he ever 
heard. 

Capt. Moore being present at the award took note of the 
abundance of love manifested between Corej^ and Procter, for 
they drank wine together, each paying for part. 

Abraham Walcott testified that he lodged in Gyles Core's 
house the night of the fire, and Core went to bed about nine 
o'clock, having come from his work very weary. Also that 
Core could not have risen in the night without deponent hear- 
ing him, and for a long time he had not gone afoot and his 
horses were all in the woods. 

Mary Cory testified that she slept with her husband and 
could affirm that he was not out of doors that night. 

James Poland testified that Jno. Procter said that his boy 
carried a lamp into his lodging room and set it near the boards 
and that was how the fire caught. 

Jane Moore and Caleb Moore testified to the same. Sworn 
26 : 5 : 1678, before Wm. Hathorne,t assistant. 

t Autograph. 



1678] RECORDS AND FILES 91 

Mr. Thomas Woodbridge v. Rich. Kent. Forfeiture of 
201i. in money. Verdict for plaintiff.* 

Capt. John Corwin v. Thomas Blashfield. Debt. Verdict 
for plaintiff. t 

Jno. Parker, aged about forty years, testified that he was 
at work with his father-in-law Goodman Coree the day before 
the fire, and going home Coree said he was so very weary that 
he should not eat any supper and he went to bed. The next 
morning, Coree about sunrise asked deponent to go with 
Abraham Walcott to bring a load of hay, and said he himsef 
would try to cut up some pease, etc. Sworn, 26 : 5 : 1678, 
before Wm. Hathorne,t assistant. 

Edmond Bridges and John Parker testified. 

John Procter's bill of cost. 

Robert Moulton, aged about thirty-three years, testified 
that Gyles Coree had several times threatened him about his 
planting, saying that he should not plant, also deponent's 
fence had been pulled down and Coree had threatened to turn 
all the horses that he met into his ground. Deponent had 
stolen from him wood, hay, fencing stuff and carpentry tools 
and some had been seen in Coree's house, and twelve bushels 
of apples had been stolen from his house. After some differ- 
ence between Gyles and himself, he threatened that deponent's 
saw mill should saw no more and later the mill would not work. 
Deponent said that Corey was "a very quarellsom & conten- 
tious bad neighbor." 

Gyles Cory's bill of cost, 21i. lis. 6d. 

*Writ: Mr. Tho. Woodbridge v. Mr. Richard Kent of 
Newbery; forfeiture of a bond, in that he did not abide by the 
award of Caleb Moody and Joseph Pike; dated Sept. 17, 1678; 
signed by Dudley Bradstreet,t for the court; and served by 
Joseph Pike,t constable of Newbery, by attachment of the 
dwelling house and land of defendant. 

Tho. Woodbridge's bill of cost. Hi. 8s. 2d. 

Bond of arbitration, dated June 24, 1678, given by Rich- 
ard Kentt and Tho. Woodbridgej to stand by the award of 
the arbitrators, Caleb Moody and Joseph Pike. Wit: H. 
Short, J Hugh March! and John Atkinson. J 

Award of the arbitrators, Caleb Moody J and Joseph Pike,t 
in the settlement of the account of Tho. Woodbridge against 
Richard Kent, dated July 20, 1678, that the account was good, 

except two items, by Tho. Noyes and Bryers; and they 

judged Kent to be indebted 8h. to be paid in iDarley. 

fWrit, dated 21 : 6 : 1678, signed by Hilliard Veren,t for 
the court, and served by Henry Skerry, | marshal of Salem, 

X Autograph. 



92 IPSWICH QUARTERLY COURT [Sept, 

Abraham Perkins v. Theoder Attkinson. For refusing to 
deliver a bill. Verdict for plaintiff. Appealed to the next 
Court of Assistants. Defendant bound, with John Akinson 
and Jonathan Moore, as sureties.* 

by attachment of 50s. in Edmond Galles' hands, which attach- 
ment was left in his house with his wife. 

John Marshall,! bookkeeper for Capt. Jno. Cor\yin, aged 
about eighteen years, certified to the account, Mar. 5, 1678, 
that there was clue to said Corwin 151i. 10s. 6cl. from Thomas 
Blashfield. Sworn before Wm. Hathorne,t assistant, and 
affirmed in court by Capt. Corwin. 

*Writ, dated Sept. 12, 1678, signed by Ephraim Turner, f 
for the court, and signed by Returne Waite,t deputy marshal 
of Suffolk. Bond of Theoder Atkinson. f 

Abraham Perkins' bill of cost, 21i. 13s. 4d. 

Copy of record of the Court of Assistants, Sept. 3, 1678, in 
which they found for the plaintiff, reversion of the former 
judgment. Copy made by Edw. Rawson,t secretary. 

Copy of writ and bond of Theoder Atkinson, with Samuel 
Graves, as surety, in this action before the Court of Assistants. 
Copy made by Edw. Rawson,t secretary. 

Edward Gove, aged about thirty-eight years, deposed that 
on Apr. 1, 1671, he paid 12H. in boards for John Stanion of 
Hampton to Theoder Atkinson of Boston for a debt Stanion 
owed to Henry Bennet of Ipswich, etc. Sworn, 30 : 9 : 1677, 
in Salem court. Copy made by Edv/. Rawson,t secretary. 

Nicholas Lesson, aged about sixty years, deposed that seven 
years since Mr. Atkinson cam.e to him at Exeter to account 
with him for what was due to him and deponent told Mr. At- 
kinson that his son Theoder had shown a letter of attorney 
from his father to reckon with his father's debtors. He de- 
clared that he had given him no such power. Deponent gave 
him a bill for the payment of what was due. Allexander 
Doden [Gordon?], aged about forty years, testified to the same, 
he being present in the house when Mr. Atkinson and his 
father Lissen agreed. Sworn, June 3, 1678, before Samuel 
Dalton, commissioner. Copy made at Boston, Sept., 1678, 
by Edw. Rawson,t secretary. 

Copy of letter of attorney, dated May 6, 1670, given by The- 
oder Atkinson, sr., of Boston to Theodor Atkinson, jr., of 
Boston, his son. Wit: Robert Marshall and Clem. Sallmon, who 
made oath, 20 : 1 : 1670, before Richard Parker, commissioner. 
Recorded at the request of Theodor Atkinson, jr., Mar. 23, 
1670-71, by Robert Howard,! notary public. Copy made, 

t Autograph. 



1678] RECORDS AND FILES 93 

Daniell Clement acknowledged judgment to Mr. Francis 
Wainwright. 

John Berry acknowledged judgment to Mr. John Wain- 
wright, in fish at the current shipping price. 

Thomas Geare acknowledged judgment to Mr. Francis 
Wainwright, in wheat, barley or pork. 

John Bread dying intestate, administration upon his estate 
was granted to Allen Bread, his brother, v/ho was bound. 

Court abated the fine for not prosecuting in Mr. Shepard's 
case at the Court of Assistants in March last. 

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

The administratrix and overseers of the estate of John 
Knight of Newbury, deceased, desired the court to settle his 
estate as follows: the three sons of John Knight, Richard 
Benjamin and Isaack, to enjoy the house and barn valued at 
lOOli. and 75 acres of land valued at 51i. p acre, making 37511., 
to be equally divided; the three daughters, to have 801i. each, 

11:7: 1678, by Robert Howard,* notary public of the Massa- 
chusetts colony. 

Stephen Crose, aged about thirty-one years, deposed that 
about two years ago, talking with Mr. Theoder Atkison, sr., 
of Boston, concerning that piece of land he had of Mr. William 
Norton, he said that Mr. Abraham Perkins had paid his old 
debt after a manner. Sworn, Sept. 24, 1678, before Samuel 
Symonds,* Dep. Governor. 

Abraham Perkins' bill of costs, 121i. Is. lOd. 

John Stanyon, aged thirty-six years, deposed that about 
five years ago he met with Mr. Theoder Atkinson, sr., at the 
ordinary at Hampton, and he demanded a debt in boards due 
from Abraham Perkins of Ipswich, to be paid by order of 
Henry Benett of Ipswich. Deponent owned the debt and 
said he would go to Exetor the next day to deliver the boards. 
Mr. Atkinson said if he would deliver them to his son at Exetor, 
he would give him a discharge. Sworn, 18 : 4 : 1678, before 
Samueil Dalton, commissioner. Copy made by Hilliard Ver- 
en,* cleric. 

Walter Fairefeild, aged about fortj^-six years, testified. 
Sworn in court. 

Daniell Epps, aged about fifty-four j^ears, deposed, Sept. 
25, 1678, concerning the bill. Sworn in court. 

Edmond Bridges testified. Sworn in court. 

* Autogi-aph. 



94 IPSWICH QUARTERLY COURT [Sept. 

making 2401i.; the remainder of the estate was to remain in 
the hands of the widow, Bathsheba Knight, who was to take 
the debts out of her part. 

Joseph Mayo was bound, with Mr. Thomas Woodbridge, 
Hugh Marsh and Samuell Gidding, as sureties, to abide by- 
order of the court at Salem or Ipswich concerning the child 
that may be born and of which Hannah Addams charged him 
to be the father. 

The bond of Thomas Thurley, for the appearance of himself 
and wife, was declared forfeited. 

Benjamin Webster was fined by the Major Genii. 20s. in 
malt, to be paid to constable Rust. 

Joseph Marshall was ordered to be whipped for fornication 
unless he pay a fine. 

Dinah, Benjamin Roff's negro, and Tom, Rich. Dole's negro, 
were sentenced to be whipped for fornication on the next lecture 
day at Newbury, constable Joseph Pike to see it done. 

Abraham Perkins, Henry Bennet and Thomas Knowlton 
testified that Phillip Fowler came to Mr. Atkinson with a law 
book in his hand and said if he would give him a shilling in 
money, he would save him ten pounds. Atkinson was not 
willing at first, yet upon discourse, gave it to him or laid it 
down upon the table. Phillip took it up and went with a 
lav/ book in his hand to the jury. Sworn in court. 

Phillip Fowler, upon complaint, was fined. 

Granted a third part of a single country rate to be levied 
upon the county. 

Whereas execution was respitted until this court upon a 
judgment of costs which Abraham Perkins had against Mr. 
Wm. Hubbard, court now understanding that there are acquit- 
tances between them and Mr. Hubbard shortly expected, fur- 
ther respitted execution. 

It being certified that Rowley had mended its highway 
between Rowley and Andover, the town was discharged of its 
presentment.* 

*John Bridges, t Jno. (his mark) Faulkner and John Marstonf 
of Andover testified, 27 : 7 : 1678, that the country highway 
from Rowley to Andover in Rowley Village was mended and 
made substantial. 

t Autograph. 



1678] RECORDS AND FILES 95 

Erasmus James of Marblehead had his license to sell liquors 
out of doors renewed for a year. 

John Browne was fined for excessive drinking, and for other 
misdemeanors was bound to good behavior. 

In answer to the petition of Joseph Dell to the Court of Assis- 
tants at Boston on Sept. 10, 1678, and by that court referred 
to the Ipswich court, it was ordered that said Dell may have 
liberty, with his keeper, to go to the public meetings at Boston 
on Lord's days, provided the Governor approve thereof. 

Court held at Ipswich, Nov. 6, 1678, by Adjournment. 

Mr. Wm. Browne and Mr. John Woodbridg, associates, 
took the oath. 

Ruth Tod was admonished upon her presentment. 

Elizabeth Holmes was admonished upon her presentment. 

Martha Smith was admonished upon her presentment. 

John Waldern was admonished upon his presentment. 

Upon complaint against Walter Wright for drawing his 
knife and offering to stab William Chandler, he was fined.* 

* Warrant, dated Oct. 29, 1678, for appearance of Walter 
Wright, upon complaint of Ensign Chandler that he had lately 
assaulted and wounded his son William Chandler with a knife, 
also for witnesses, WilUam, Hannah, Thomas Chandler and 
John Carleton, signed by Daniel Denison,t for the court, and 
served by Thomas Ossgood,t constable of Andover, by attach- 
ment of house and land of said Wright. 

Thomas Chandler's bill of cost, IH. 14s. 

William Chandler, aged about nineteen years, deposed 
that a month ago Goodman Right early in the morning came 
up to his father's house and deponent being in the yard, he 
said to him, "Will, I will shoot your horse: I said to him why: 
because sd he: he hath ben in my lot to night I replyed I 
ame sorre for that: for I did for git to fetter him to night: 
but I hop I shall doe so no more: but Goodman Right replyed 
and sd you will always forgit it: but I will goe home and 
charge my gun and shoot him for he hath don me forty shil- 
lings worth of hurt this sumer: then I replyed knowing how 
falce the thing was that it was more like to be forty lyes then 
Right replyed sarar I scorne to lye as littell as you or your 
father ether: upon his retorting upon my father I was pro- 
voked and went to him and tuck him by the coler and sayd 
to him if he wod not hold his tonge about my father I whould 

t Autograph. 



96 IPSWICH QUARTERLY COURT [NoV. 

make him and so only at that time gave him a shuf from me 
but did not then strike him upon which the sd Right caled me 
Roge and in grat violenc dru his knife and sd I I voe II stabe 
you and aecordinly stroke m.e with his knife twise upon the 
brest or belle be for I cold stop him then I stroke up his 
heles and lyeing over him to take his knife from him before 
I could command his hand his knife was in he indeauered as 
I thoght to cut my throt: which althogh throgh the goodnes 
of god he did not doe yet he came very nere it and cut a long 
deep gaus on my ceeke which came very nere my throt as may 
apere nowe by the scare only ocasiond by that cut as also stabd 
on deep wonde in my hand besid fine or six other smaler cuts 
about my hand: but at length altho I could not get his knife 
out of his hand yet I brake it in his hand and so let him rise 
and then I confese I did giue him a smale crack behind and a 
box of the ere." Hanah Chandler, aged about forty-nine years, 
and Thomas Chandler, aged about fourteen years, testified 
to the same. Sworn in court. 

Thomas Chandler, aged about fifty-one years, testified that 
he was not at home when his son was injured but found him 
very bloody Avhen he arrived, etc. John Carlton told him that 
Goodman Right was afterward at his master's shop, etc. 
Sworn in court. 

Roger Marke, aged about thirty-five years, deposed that 
after Wright had cut Chandler he was passing Joseph Will- 
son's shop and talking with John Carlton, who was a little 
distance from the shop shaving hops, Wright came to the 
door of the shop and said that he did not care a twopence if 
he had killed Chandler. Sworn in court. 

John Carleton, aged about seventeen years, deposed that 
he saw Chandler's mother also lay hold of W>ight, etc. Sworn, 
Nov. 5, 1678, before Nath. Saltonstall,* assistant. 

Return Johnson, aged about twenty-five years, testified 
that he told Chandler that in the interest of peace, said John- 
son would cure the scratch. Ensign Chandler said that was 
the best way, for as he and Wright were neighbors they must 
live together in harmony and deponent cured the wounds for 
nothing. Sworn, Nov. 5, 1678, before Nath. Saltonstall,* 
assistant. 

Christopher Lovejoy, aged sixteen years, deposed. Sworn, 
Nov. 5, 1678, before Nath. Saltonstall,* assistant. 

Elner Phelps, aged twenty-three years, deposed. Sworn 
Nov. 5, 1678, before Nath. Saltonstall,* assistant. 

William Lovejoy, aged about twenty-one years, testified 
that before the quarrel, Chandler told him that he met Wright 
on the highway on horseback, and took his horse by the bridle, 
commanded him to stand and challenged him down from his 

* Autograph. 



1678] RECORDS AND FILES 97 

Martha Gilbert was fined upon her presentment. 

Luke Perkins' wife was fined upon her presentment. 

Laurance Hart was admonished upon his presentment. 

The selectmen of Ipswich being presented were enjoined to 
give an account at next Ipswich court concerning the estate 
of the children and servants of their neighbors. 

Gershom Browne was fined upon his presentment.* 

James, a Scotchman, was fined upon his presentment. 

Phillip Fowler had his fine rsmitted. 

Richard Woolery being the reputed father of the child of 
Abigaill Morse, the child Hanah Woolery, being now two 
years and seven weeks old, was bound to Joseph Pike until 
twenty-one years of age. Said Woolery was discharged from 
paying any more. 

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

Mr. Wainwright's license was renewed for a year. 

James Dickenson was fined upon his presentment.! 



horse to fight. Wright not wishing to fight, Chandler struck 
him with a staff. This happened between Wright's and Chand- 
ler's houses. Sworn, Nov. 5, 1678, before Nath. Saltonstall,t 
assistant. 

John Ballard, aged about twenty-five years, deposed. 
Sworn, Nov. 5, 1678, before Nath. Saltonstall,t assistant. 

* James Tenny, aged about twenty-six years, and Franses 
Palmer, aged about twenty years, deposed that Brown said he 
could cripple John Houghard, but he said afterward that he 
spoke in jest. 

Phillip Nellson deposed that he heard John Howard call 
Brown a base fellow and a loggerhead, etc. 

Phillip Nelson, aged nineteen years, deposed as to Brown 
tripping up Howard. 

t James Dickenson's answer to his presentment: "I Hum- 
bly conceive I am not presented for any Criminall fact nor 
doe I apprehend I have broken any Law. I confess to my 
Greife I Joyned with that Company too long; but in the begm- 
ning of that Towne meeting which was before they began their 
meeting; and did act as it appeared by makeing a vote cald 
docto'- Bennets vote; while the Towne was together some of 
them carried soe towards m"- philleps, y" Freemen, members 
& selectmen (of w'='^ I was one that year) I resolued to medle 
with them noe more, whereupon as soone as they began to 

t Autograph. 



98 IPSWICH QUARTERLY COURT [NoV. 

Richard Bryer and his wife were fined. 

Mary Howlet, presented for stealing, was ordered to pay 
three fold. 

Robert Whitman and John Gamage, upon their present- 
ments, were ordered to make the chimney safe within three 
weeks upon penalty of 40s. 

Judith Thurla, complained of for letting the Indians have 
liquor on the Lord's day, was fined.* 

speak of continueing to doe something after the Towne meeting 
was dismissed I withdrew myself out of that Roome Into the 
other end of the house where Samuell Lyon and his family 
kept, & that I did least they should put mee upon it, to put y* 
to vote w-^ they would have voted: and I abode in that Roome 
till y'' vote was ouer: and since that I never had any hand in 
their actings about any such Irregular acts nor I hope neuer 
shall." 

John Hopkinson deposed that he went with James Dicken- 
son, jr., to the other end of the house, etc. 

John Pickard, sr., deposed that he saw his son-in-law, James 
Dickenson, etc. 

Daniell Wickam deposed that being in company with Dick- 
enson and others at John Stickney's the past summer, some 
one said that he ought to bear part of the charges in the com- 
plaint against them at the General Court concerning the 
differences about Mr. Sheppard. Dickinson said he had 
nothing to do about the vote about Mr. Sheppards' fifty 
pounds a year which Doct. Benitt put to vote. Deponent said 
that Dickinson was one of the chief means of Mr. Sheppard's 
coming to that meeting, etc. Sworn in court. 

David Bennit deposed that Dickinson had urged him to 
put the vote, as one of the most fit to do it because he was a 
stranger there, and promised him that he would stand back 
of him. Sworn in court. 

John Clarke and Thomas Alley deposed. Sworn in court. 

Sammuell Mighill deposed. Sworn in court. 

*Tho. Woodbridge, aged about twenty-nine years, testi- 
fied that he heard Judith, wife of Tho. Thurla, vainly swear 
by God divers times within a twelfth month. Sworn in court. 

Tho. Woodbridge demanded 10s. for his wife's witness fees. 

Examination, dated Aug. 28, 1678, of Job, the Indian: 
"That Judith bid the young man (who was John Thurley) 
looke out the runlett in w"'' the Hquors was. that the sayd 
John hauing found it, brought it downe & sett it on the dres- 
ser. That there was a gill of Rum first drunke before they 
had that mixed with water. That John powred the Rum 



1678] RECORDS AND FILES 99 

into the basin, & Judith stirringe it with a spoone, the 
halfe pint was powred into the water. That Judith fetched 
some sugar, putt it in & stirred it together, & when it was 
mixed, shee tooke up some in a porringer & gave it to John. 
He thinks Tim Collins was not in the house wlien the 
Rum was powred into the basin, but was gone to looke 
after the child, & came not in till they had done, & Joseph 
& he were gone out: but John tarryed behind & he was 
appointed to pay for it, but whether he payd for it or no, 
he knoweth not. That after they were gone out, Tom & John 
quarrelled. 

Timothy Collins and Judith Thurley testified that on a 
Sabbath day about three weeks ago, four Indians came into 
Thurley's house and asked for drink and she denied it to 
them. John Thurley told Judith that if she would give him 
leave, he would undertake to find it. He got it and put it on 
the dresser and said that she might let them have some. She 
said she dared not and sat down again to reading. Thereupon 
John poured it into the half pint pot, set it on the table and 
the Indians drank it, etc. Sworn, Aug. 13, 1678, before Jo. 
Woodbridge,* commissioner. 

John Thurley, aged above eighteen years, and Jonathan 
Thurley, aged above sixteen years, deposed that they came in 
the house of their aunt Judith Thurley, when one Indian came 
in and asked after Mr. Longfellow's [negro?] and went out 
and brought in three more who sat down and lighted their pipes. 
Judith told them that her husband had hidden the liquor and 
she could not find it. The Indians continuing to ask for it, 
she told Jonathan to look in the woodpile and speak to John 
to go up into the chamber and look in a butt of wheat. He 
found it behind the chimney and handed it to Judith who reach- 
ing a horn poured some of it out and the Indians drank. Then 
she sent Timothy out of doors to look after the child. She 
refused to let the Indians have any more clear rum but that 
they should have it mixed with water, and brought some sugar 
out of the parlor. When they had drunk it all, Judith said 
to one who remained that she was afraid he would be fuddled, 
but he said if he should drink all dsij, he would not be fuddled. 
He took off his coat and left it there and went away. When 
John and Jonathan were going home they met the Indians 
quarreling and one of them came toward them with a hatchet. 
They not knowing what he said, one of the others came and 
told them that he wanted them to take the hatchet for fear 
someone might take it from him by force, but they would not 
meddle with it. Two of the Indians went to the falls and the 
other two came toward the town. Sworn, Aug. 16, 1678, 
before Jo. Woodbridge,* commissioner. 

* Autograph. 



100 IPSWICH QUARTERLY COURT [NoV. 

Daniell Lunt's wife was fined upon her presentment. 

Lawrance Clenton was ordered to pay to Rachell, his wife, 
one peck of corn a week.* 

Marke Quilter dying intestate, Joseph Quilter his brother 
was appointed administrator to dispose of the estate according 
to a paper left by deceased and sworn to by Edward Lomas 
and Simon Stace. 

John Browne was ordered not to pay the two ten pounds 
to his sisters until the next March court v\^hen court would con- 
sider it. 

Sarah Savory was admonished upon her presentment. 

John Baker, for drunkenness and reviling, was fined. 

Hanah Hobert was admonished upon her presentment. 
The treasurer was to pay 5s. to the constable of Ipsv»'ich. 

Thomas Lovell was bound for the payment of lOli. to Hanah 
Roberds which he paid at Ipswich court in Apr., 1679. 

Nicolas Wallis and Simon Stace were bound to pay to Eph- 
raim Roberts, lOli. at the age of twenty-one years. The security 
that Thomas Perrin gave for the payment of the portions of 
Roberd Robberd's children was released. 

Arter Abbott brought in his account about the charges of 
the child of Mary Greely, Laurance Clenton being the reputed 
father. 

* Petition dated Sept. 25, 1678, of Rachell, Avife of Laranc 
Clinton: that her husband v/as ordered by the court to allow 
her 2s. per week for her maintenance, about ten years ago, 
and she had never received more than ten pounds in all, and 
upon her asking for a divorce on Nov. 6th last, court declared 
that it could not be done but ordered her husband to pay her 
50s. upon demand, which she has never received. She asked 
for assistance, as she had suffered the loss of her estate by her 
husband and is now altogether neglected by him. 

Letter of attorney, dated Mar. 13, 1677, given by Samll. 
Stocker* of Boston, mariner, to John Keene of Boston, inn- 
holder. Wit: John Haywardf and Eliezer Moodye.j Sworn, 
Mar. 14, 1677-8, before Edward Tyng,t assistant. 

Whereas John Lee,t for 5s., withdrew his action against 
Samuell Stockor, Edmund Bridges,! as attorney to John Keen, 
as he was attorney to Samuell Stockor discharged John Lee 
of all charges, Sept. 28, 1678. Wit: Thomas Waite, sr.,t 
and John Chote.f 

John Hiden deposed that James Davis went to take some 

* Autogi-aph and seal. f Autograph. 



1678] RECORDS AND FILES 101 

Having granted administration to Elizabeth Paine, relict 
of Mr. John Paine, late of Boston, who brought in an inven- 
tory amounting to 17911. 9s. 6d., the funeral charges and what 
she had of necessity expended being deducted, there remained 
lOlli. Is. lOd., and 28811. 13s. lOd. being legally due from the 
estate, brought in by the committee appointed by the court, 
Nov. 6, 1677, the court calculated that it would pay the cred- 
itors 6s. 8d. upon the pound, as follows: Capt. John Hull, 
351i. 15s.; William Inglish, 10s.; Mr. Jacob Eliot, lOli. 13s. 
3d.; Hezekiah Usher, 311i.; Mr. Richard Russell, 281i. 16s. 
6d.; Major Thomas Savage, 271i. 9s. Id.; Mr. Jonathan Cor- 
win, which was a debt to Robert Gibbs, 811i. ; Mr. Shrimpton, 
201i.; John Whipple, 31i.; Mr. Chadwell of Salem, 2511.; Mr. 
Ting, 81i.; Mr. John Rogers, 171i. 10s.; total, 28811. 13s. lOd. 
The administrator was ordered to pay. 

Court held at Hampton, 8:8: 1678. 

Major WiUiam Hauthorn, president; Major Pike, Capt. 
Nathll. Saltonstall, Mr. Samll. Dalton and Capt. Jno. Gillman, 
associates. 



powder from a boy and deponent said "do not take powder 
from a boy but if you will take it, take from a man and upon 
that he struck me." Owned in court by James Davis. 

Venire, dated Aug. 24, 1678, for grand jury and trial jury- 
men from Andover, signed by Robert Lord,* cleric, and served 
by Tho. Ossgood,* constable of Andover, who returned the 
name of Henry Ingalls for the trial jury and John Marston 
for the grand jury. 

Venire, dated Aug. 24, 1678, for grand jury and trial jurymen 
from Topsfield, signed by Robert Lord,* cleric, and served by 
Samuell Howlet,* constable of Topsfield, who returned the 
name of John Redington for the grand jury and John Comings 
for the jury of trials. 

Andrew Hiden and Jerimiah Pearson deposed that when 
John Baly came into the mill and would have his turn and took 
his bag and set it on some of Hiden's corn, putting the end of 
the bag into the hopper, Hiden laid his hand on the boy's 
mouth, whereupon the boy bit him. 

Samuel Boynton, aged eighteen years, and Anthony Bennitt, 
aged about seventeen years, deposed concerning the dispute 
at Rowley mill, etc. 

Samuell Platts deposed concerning the dispute. 

* Autograph. 



102 HAMPTON QUARTERLY COURT [Oct. 

Jury of trials: Leif. Georg Brown, foreman, William Sam- 
born, ST., Willi. Fifeild, Anthony Taylor, Francis Page, Jno. 
Stevens, jr., John Easman, Ephraim Winsly, Samll. Colby, 
Willi. Sargent, James Davis and Nath. Foulsham. 

Grand jury: Henry Brown, foreman, John Cleford, sr., 
Godfrey Dearborn, Abraham Cole, Henry Dearborn, John 
Ilsly, John Stevens, sr., Jno. Gill, Peter Foulsham, Edmond 
Elliott, Jno. Weed, Robt. Eyer and Tho. Eyer. 

John Keyser of Haverhill v. John Johnson, sr. For with- 
holding an acquittance. Verdict for plaintiff. The acquit- 
tance was given, Oct. 10, 1678, by John Johnson of Haverhill, 
with George Brown and Thomas Roby, as witnesses. 

Peter Eyer v. John Arnold of Boston. For withholding 
money due for 10,000 pine boards delivered to Henry Collins 
of Lyn. Verdict for plaintiff. 

Jon. Allin v. Tho. Clarke. For defendant, as the marshal's 
deputy, attaching the estate of said Allin in the suit of Steven 
Cross of Ipswich to appear at Salem court in 9 mo., 1677, 
came to an agreement with Allin to deliver Cross 20s. or 500 
feet of boards at Exeter, on which account the case was not 
to proceed, but defendant returned the attachment and the 
action proceeded in Allin's absence. Verdict for plaintiff. 
Appealed to the next Court of Assistants. Said Clarke bound, 
with Stephen Crosse and Jno. Kindrick, as sureties. 

Henry Roby and Nath. Boulter v. Robert Evens. Review 
of a case tried at Hampton court in 1672. Evens against Roby 
and Boulter. Trespass. For cutting and carrying away his 
hay and grass for several years from a parcel of fresh meadow 
near the beach, which he bought of Edward Colcord. Verdict 

From Samuel Dalton's Commissioners Records. See ante, vol. 5, p. 235. 

On May 6, 1678, Peter Foulsam of Exeter and Susanna Cussons of Wells 
were married. 

On May 29, 1678, Nathaniel Bachelder was sworn clerk of the trained band. 

On June 4, 1678, Michell Towsley and Mary Husse, both of Sahsbury, 
were married. 

John Ted of Woburn and Elizabeth Fifield of Hampton were married June 
12, 1678. 

Jo33ph French, jr., and Sarah Eastman, both of Salisbury, were married 
June 13, 1678. 

Charles Runlett of Exeter acknowledged judgment to Nathaniel Browne 
of Salisbury, July 4, 1678. 

PhilUp Easman of Haverhill and Mary Morse of Newbury were married 
22 : 6 : 1678. 

Joseph Sherbin and Amee Cowell were married 19 : 8 : 1678. 



1678] RECORDS AND FILES 103 

for defendant. Appealed to the next Court of Assistants. 
Plaintiffs bound, with Christopher Palmer, as surety. 

Humphrey Willson v. Nathanell Boulter and Willi. More. 
For not making good a covenant, concerning the hire of 
plaintiff's island near his grist mill, in which covenant they 
were bound with Jno. Warrin and Jonathan Thing, late of Ex- 
eter, deceased, to pay him ten pounds for ten years' rent of 
said island. Verdict for plaintiff. Appealed to the next 
Court of Assistants. Defendants bound, with Henry Roby as 
surety. 

Major Robert Pike v. John Wells. Debt. Forfeiture of 
a bond. Verdict for plaintiff. Execution was respitted on 
account of defendant being out of the country. 

Jno. Mason acknowledged judgment to Sam. Levitt, in hay. 

Tho. Rawlins acknowledged judgment to Samll. Levitt of 
Exiter in boards. 

Edw. Hilton of Exiter acknowledged judgment to Sam. 
Levit, in boards and silver money. 

Christopher Palmer acknowledged judgment to Mr. Edward 
Woodman, in boards. 

Georg Jones acknowledged judgment to Mr. Saml. Dalton, 
treasurer of Norfolk. 

Major Pike's complaint against Mr. Hook was settled by 
payment of a fine. 

Danll. Thirston of Nubery acknowledged judgment to James 
Davis of Haverhill in cider, rum, English goods or corn, sheep 
and neat cattle. 

Joseph and Benjamin Grele, Samll. and Joseph Eaton were 
fined for abusing the widow Goodale of Salisbury by throwing 
stones at her house at unseasonable times at night, frightening 
her. 

Nathll. Foulsham, bound for seUing strong drinks without 
license was fined, but with respect to a public meeting of the 
"troop of Norfolk at y^ town of Exeter this summer, w'^ might 
occasion more houses of entertainm* than one," court remitted 
the fine. 

Administration of the estate of Richard Allin, late of Haver- 
hill, deceased, was granted to Joseph Allin, his brother, who gave 
bond with Jeremiah Allin, as surety. Court ordered that the 
estate be divided according to the evidence of Martha Hubbard, 



104 HAMPTON QUARTERLY COURT [Oct. 

Mary Hewes and Jerimie Allin, cautioning him not to pay- 
off any except legal debts. 

Martha, wife of Richard Hubbard of Salisbury, testified 
that being with her brother Richard Allin immediately before 
his death in the summer of 1678, she heard him say that he 
bequeathed to his sister Mary Hues the better part of his estate 
and what was left to his brethren Joseph and Jerimie, equally. 
A chest with its contents then at his brother Peter Eyer's 
house in Haverhill he bequeathed to Saml. Eyer, son of his 
brother Peter. 

Mary Hewes and Jerimie Allen deposed the same. Sworn 
Oct. 8, 1678, before Nath. Saltonstall,* commissioner. 

Inventory of the estate of Richard Allin, deceased, taken 
June 8, 1678, and allowed in Hampton court: wareing clothes 
of Richard Allin appraised by Sargent Stevens and John 
Easman, at Salisbury, 71i. 13s.; Robert Clement and Danll. 
Lad, jr., appraised 40 acres of land at Haverhill, 901i.; 2^a. 
of meadow, 71i.; 2 Common Rights, lOli. ; Danl. Clement 
and Abraham Clement appraised a chest at Haverhill, 21i.; 
total, 11711. 3s. 

Daniell Ela "haveing been disappointed by y^ Providence 
of God in the Small Pox being at his house in y^ Spring last, 
so that he could not make improvement of his license to sell 
drink," and he pleading that he had put in a supply of drink, 
court granted him a license until the next Salisbury court to 
sell wine, liquor, beer, cider and provisions for man and beast 
or travellers in Haverhill, he attending upon his peril to the 
directions in the law given to persons who keep houses of pub- 
lic entertainment. 

John Moulton was sworn constable of Hampton for the 
ensuing year. 

Major Robert Pike, Capt. Tho. Bradbury and Henry Brown 
were sworn commissioners to end small causes for Salisbury. 

Elizabeth Perkins having been appointed administratrix 
of the estate of Abraham Perkins, jr., of Hampton, and ordered 
to appear at this court for settlement, was excused, she being 
near her time of travail. She was to appear at the Salisbury 
court in April, 1679. 

A proposition having been given in to this court, Oct. 8, 1678, 

* Autograph. 



1678] RECORDS AND FILES 105 

under the hands of the selectmen of Hampton that Samll. 
Sherborne, who had bought the Hving at Hampton where old 
Goodman Tuck lived and kept ordinary or a house of enter- 
tainment, have a license to keep a public house of entertain- 
ment at that place, for seUing wine, Hquor, beer, cider, and 
entertainment for horse, man or travellers, court granted it, 
with the proviso that he keep all the laws relating to inn- 
keepers and keep a house that may be suitable to entertain 
the court and strangers. 

John Page being propounded by the selectmen of Haverhill 
to keep a house of public entertainment at Haverhill for the 
sale of wine, liquor, beer, cider and provision for horse, man 
or travellers, was granted a license within the prescribed limits. 

Frances Jennis was discharged of his bond for good behavior. 

Mrs. Sarah Stockman and Robt. Downer, called as witnesses 
for the country against Sargent Eaton, defaulted and were 
fined. Eaton was discharged. 

Upon complaint of Isaac Perkins, court ordered that he 
should not be molested by the town of Hampton concerning 
any highway to go through his land until such time as the 
court should determine, and that the selectmen of Hampton 
appear at the next Salisbury court to answer the complaint. 

Upon request of Mr. Andrew Wiggin, license was granted 
him to keep a public house of entertainment for strangers 
and travellers and to sell wine and liquors, provided he 
strictly observe the laws concerning innkeepers. 

Samll. Colby, for selling wine by retail without license, 
was fined 51i., and he appealed to the next Court of Assistants. 

William Sargent was fined upon his presentment. 

Inventory of Hugh Sheratt's estate, late of Haverill, being 
presented to this court, was referred to the next Salisbury court, 
and the selectmen of Haverhill were ordered to summon all 
persons interested in the settlement to appear at that time. 

Thomas Mekins defaulted and his bond was declared for- 
feited. 

Will. Johnson defaulted and his bond was declared forfeited. 

Mr. Hook's complaint against Major Pike, Jno. Allin and 
Robt. Pike, jr., was referred to the next Salisbury court. 

Ephraim Winsley testified that being constable of Salsbury 
the past year, he served an attachment upon Jno. Weels for 



106 SALEM QUARTERLY COURT [NoV. 

Court ordered Capt. Saltonstall to call Bartholemew Heath 
before him to answer to the presentment brought in by the 
grand jury to Salisbury court, Apr., 1678, about being too 
much in drink or liquors. 

Samll. Watts was appointed administrator of the estate 
of Samll. Giles and ordered to bring in an inventory to the 
next Salisbury court. 

Isaac Perkins was fined ten groats for threatening to shoot 
Joseph Dow. 

A rate of 501i. was ordered to defray the county debts. 

Ten shillings allowed the servants. 

Court held at Salem, 26 : 9 : 1678. 

Judges: Maj. Genii. Daniell Denison and Major Wil- 
liam Hathorne, assistants; Mr. Woodbridg and Mr. William 
Browne, associates. 

Grand jury: Leift. Jeremiah Neale, foreman, Frances Sker- 
ry, Christopher Babbadge, Thomas Rootes, Henry West, 
John Devorix, John Abby, Onesipherus Allen, John Davis, 
John Burrill, Samuell Johnson, Robert Potter, John CoUens 
and Humphry Woodbery. 

Jury of trials: Mr. Eleazer Hathorne, Leift. John Pick- 
ering, John Marston, Mr. Wm. Hirst, Nathaniell Beadle, 
Samuell Balch, Samuell Morgaine, William Fisk, William 
Seargent, John Ballard, Joseph Collens, John More, and in the 
action of Capt. Oliver v. Nahant and Lynn, Leift. Paul Thorn- 
dike, Frances Nurss, and Wm. Rayment, in place of Lynn men. 

Nathaniell Putnam and John Holms of the grand jury and 
William Trask and Joseph Hutchenson of the jury of trials 
were fined for not appearing. 

Major Robert Pike for a debt of 51i. and committed him to 
Abraham Knolton to keep, who later took him to Major Pike 
who released him. Sworn in court. 

From the Salem Commissioners' files: 

Writ: John Hunnywell v. Robert Cannon; for security for the payment of 
a debt; dated 26 : 11 : 1G77; signed by HilUard Veren,* for the court; and 
served by Henry Sken-y,* marshal of Salem, by attachment of a bed, sea bed, 
pillow, blanket, sea coat and a wicker basket. 

Mr. Nathaniell Masters, aged about forty-seven years, deposed that he 
heard Cannon speak before John Hunniwell gave his bill for him as if he were 
intending to go in the sloop with Humiiwell, but afterward he said he should 

*Autograph. 



1678] RECORDS AND FILES 107 

go in some other vessel out of the country. Sworn, Feb. 4, 1677, before Bartho. 
Gedny,* commissioner. , , o a 

Ephraim Marston, aged about thirty-four years, deposed, bworn, 4 : 
12 : 1677, before Wm. Hathorne,* assistant. 
John Hunniwill's bill of cost, 12s. lOd. 

Bond, dated Jan. 24, 1677-8, given by Robert Cannon, t now resident in 
Salem, mariner, to John Hunniwel, seaman, now resident in Salem, for 40s. 
Wit: James Browne* and Francis Neal.* 

Writ of execution, dated 7 : 12 : 1677, signed by Hilliard Veren,* cleric, 
and served by Henry Skerry,* marshal of Salem. 

Peter S wetland, aged about twenty-nine years, deposed. Sworn in Court 
of Commissioners. 

Papers in the Commissioners' Court, 5:1: 1677, at Salem : 
In an action of Jeremiah Neale, attorney to Andrew Mansfeild and Mary, 
his wife, executrix of the estate of Jon. Neale, her late husband, against 
Hen. Skerry, sr., court gave judgment for plaintiff. 

John Grant, for drunkenness and swearing, was fined and imprisoned. 
John Marston, jr., deposed that he heard Grant swear by God's wounds and 
speak many other bad words. Wilham Stacy, the younger, testified that 
he was drunk. Jacob Pudeater promised payment. 

AUixander Mackmallen, for being much in drink, which he confessed, was 
fined or to be put in the cage three hours. 

Moses Chadwell acknowledged judgment to Mr. Edmond Batter. 
Writ: Mr. Edmond Batter v. Moses Chadwell; debt; dated 26:12: 
1677-8; signed by Hilliard Veren,* for the court. 

William Wood,* Thomas Candis,* John Roades* and Chas. Green* cer- 
tified "that John Colle hath Lined heare this seven yeares in maruellhead 
and hath paid all Rattes and taxes what hath been demanded and thathee 
Is now Ratted upon oure Constables Ratte And that hee Lives now att Wil- 
liam W^oods house when hoe Is from sea and his goods Is theire and his sonn 
Is their att WiUiam Woods house." ^, , n • j 

Writ of execution. Mr. Edmond Batter against Moses Chadwell, signed 
by Hilliard Veren,* cleric, and served by Henry Skerry,* marshal of Salem. 

Writ: Jeremiah Neale, attorney to Andrew Mansfeild and Mary, his 
wife, executrix of the will of John Neale, her late husband v. Henry Skerry, 
sr for cutting and carrying away several trees in Loofe's lot, so called, in Sa- 
lem north field; dated 9 : 12 : 1677; signed by Hilliard Veren,* for the court; 
and served by Nathanell Beadle,* constable of Salem. 
Jeremiah Neale's bill of cost, Ih. 18s. 

Mary, wife of Andrew Mansfeild,* certified. Mar. 4, 1677-8, that she gave 
power to her son Jeremiah Neale to make a division of Luff's lot, one half 
of which was given by her husband's will to her son Johnathan Neale and the 
other half to her, which order was given three months since. Wit: Char- 
iti (her mark) Nicols and Ane (her mark) Neale. 

John (his mark) Peas and James Symonds* appraised the damage on Luff s 
lot, next to Marshal Skerries, from Neale's rock across the lot over to Eborn s 
bounds, at 5s. Sworn in court. ^ , , * t e 

Letter of attorney, dated Feb. 1, 1677, given by Marye Mansfield,* wife ot 
Andrew Mansfeild,* to her son Jeremiah Neale of Salem. Wit: Lydiah 
(her mark) Hart and Edward Flint.* Sworn in court. 

Edward Flint* and James Symonds* divided Luff's lot as follows: to 
Jonathan Neale, the part next John Massics, formerly Goodail's; the other- 
half is next to Marshal Skerrie's at the upper end "and soe rangeing y"^ length 
of y*' sayd land against y^ heads of Robin's his lot Rayes lott & y" afore- 
sayd Skerries Lott." Sworn in court. 

John Williams, aged about forty years, deposed that the land had been 
enjoyed by Henery Skerry, sr., for about twenty-two years. He had mowed 
there for his father-in-law several times up to the cartway which was always 
the cartway ever since he could remember. He had also been there when 

*Autograph. fAutograph and seal. 



108 SALEM QUARTERLY COURT [NoV. 

John Neall, sr., had been at work on the other side of the cartway, and never 
heard him make any claim to it. Sworn in court. 

John Massey, aged about forty-seven years, deposed. 

John Pease, sr., deposed that the upper end of Goodman Matson's lot ad- 
joining Marshal Skerrie's which "was formerlie Vermasses bounds upon y'^ 
highway and y® bound att the upper end att y^ north East corner next Ver- 
masses lott is a stumpe of a tree, where there was a stake last Satterday. 
The land adioyning att y*^ upper end next this bound, was alwayes acounted 
as highway & improued to that end by carting upon itt and by goodmon 
Cole mowing & carrying away y*' Hay, and this he Did for about y^ space of 
Seaven yeares while I liued with my master w"^'' is aboutt twentie seaven 
yeares since and this he did by claiming a priviledge of j'^ grass of that way in 
y^ upper end of that range of Lotts." Also "all y*" while I hued witli my Mas- 
ter That Vermasse neuer claimed any land by improueing of itt or any other 
way in my time, then to y*^ place where now y*' range of trees are cutt downe 
next to Rayes bounds." Sworn in court. 

Simon Rumarill testified that about a year ago when he was apprentice to 
Marshal Skerrie, he cut the trees across the lots to Eborne's lot, etc. Sworn, 
Mar. 5, 1677, before Bartho. Gedney,* commissioner. 

Jeremiah Neale and John Neale deposed that John Neale, deceased, owned 
the land for twenty years, etc. Sworn in court. 

Henry Skerry, sr., aged above seventy years, deposed. Sworn, 26 : 12 : 
1677, before Bartho. Gidney,* commissioner. 

Joshua Ra}^, testified that the heap of stones near a black oak tree at the west 
corner of his father's lot had always been the corner bounds between his fath- 
er's lot and the lot of Richard Waterman, which was the widow Vermasses'. 
Also the said heap of stones was always the reputed corner bound of Richard 
Waterman's lot, which is now in possession of Marshal Skerrie. Deponent's 
father's lot bounded upon the highway at the upper end. Sworn in court. 

Frances Skerry, aged about seventy years, deposed that the lot had been 
in possession of his brother Henry Skerry and those before him about forty 
years, etc. Sworn in court. 

John Peas, sr., and James Symons testified. Sworn in court. 

Francis Nurse testified that the northeast corner bound of Vermasses' lot 
bends toward the river southeast more than the northwest corner, and he 
heard Vermasses' sons say when the land was in their possession that they 
had brolcen up part of the highway. Sworn in court. 

Tho. Robins, aged sixty years, deposed that he did not know the bounds 
at the northeast corner until John Neale showed him the stones near a place 
that was called the ox pen. Deponent had known this lot for about thirty 
years. Sworn, Mar. 1, 1677-8, before Bartho. Gedney,* commissioner. 

Heiu-y Skerry, jr., aged about forty years, deposed that his father had en- 
joyed this land twenty-four or five years, etc. Sworn in court. 

Writ : Jonathan Hart of Salem, in behalf of himself and sisters, Elizabeth, 
Sarah, Deborah and Florence, only children and heirs of John Hart and Flor- 
ence, his wife, formerly of Marblehead v. Richard Rowland; for withholding 
a certain parcel of land containing five acres, which was part of Hart's interest 
which he purchased in Mr. Humphryes farm; dated Mar. 18, 1677-8; signed 
by HiUiard Veren,* for the court; and served bj^ Henry Skerry,* marshal of 
Salem. 

Richard Rowland's bill of cost. Hi. 9s. 

Jonathan Harte's bill of cost, 21i. 2s. lid. 

Copy of papers in a similar action brought. Mar. 25, 1673, in Ipswich court. 

John Cooke, aged about thirty years, and John Traske, aged about thirty- 
five years, deposed that they heard Rowland own that he had three acres of 
Hart land in his possession and he proffered Edward Flint and Jeremiah Neale 
forty or fifty shillings in silver provided they would not trouble him about it. 
Sworn in court. 

Mr. Richard Norman, aged about fifty years, deposed that he was present 

* Autograph. 



1678] RECORDS AND FILES 109 

at the dividing of the farm, called the Plaine farm, which was purchased from 
Major Hathorn bv John Hart and the rest of the proprietors. Sworn in court. 

James Dennis and Nathaniell Walton testified that they having been ap- 
pointed by the town of Marblehead to examine all persons belonging to the 
town as to their right to keep cattle on the farm and common, etc. Sworn, 
Mar. 18, 1G77-8, before Moses Mavericke,* commissioner. 

Richard Norman, aged about fifty years, deposed that John Hart was an 
inhabitant of Marlbehead and his son Jonathan Hart is now dwelling in Salem. 
Sworn in court. 

Moses Mavericke deposed. Sworn, Apr. 1, 1678, as commissioner. 

Moses Mavericke* and Thomas Pitman,* on Apr. 2, 1678, appraised the 
land on the farm as worth 40s. per acre. 

Jno. Cook and Thomas Fhnt testified that Rowland told them that he had 
none of Hart's land, but he bought a cow's lease of Capt. Corwin on the com- 
mon. Sworn in court. 

Richard Norman, aged about fifty years, and James Dennis, aged about 
thirty-five years, deposed. Sworn in court. 

John Traske* and John Cooke* testified that they appraised the land in 
controversy, on Mar. 26, 1678, at 41i. 15s. Sworn, Mar. 26, 1678, before 
RIoses Mavericke,* commissioner. 

Letter of attorney, dated Apr. 11, 1673, given by Jonathan Hartf of Salem, 
to his brother-in-law Edward FHnt and Jeremiah Neale of Salem. Wit: 
Matthew Woodwell* and John Andrews.* Sworn before Wm. Hathorne.* 

Daniell Crocker, Richard Meak and John Breime deposed that being at 
Jno. Wilkinson's house the last night about seven o'clock, on Mar. 6, they 
saw one pint of rum drunk am.ong eight men and nothing else but a cup of 
small beer. Sworn, Mar. 7, 1677, before WiUiam Browne,* commissioner. 

Petition of John Wilkason,* Apr. 2, 1678, to the Salem commissioners: 
"You may Remember that not longe senc I was bound over to this court to 
Answer for a crime] | as I am charged || for sum parsons drinking in my hous 
and Thomas Edwards being overtaken with drinke now the Answer that I 
now make is that this edwards with sum others brought me sum fish and it 
was very could wether and ther being ayght in company I Burned one pint 
of rum and that we di-anke together and every one as well as I am now 
for ought I could parcaue: but this edwards did goe to the glob and drank 
severall pots of bear after he was at my hous and as I am informed did drink 
rum at another publick house that I am not willing to name, 1 nether sould rum 
for fish nor bought fish and payed for it in rum : but only the rum that I gaue 
them was to requit them for a kinys for as the ould provarb hath it one good 
turnc desarvs another as when the portars haue done anny kinys for a mar- 
chant my Judges hear knows it that they used to be stow a dram or a Glass or 
tow of wine one that hath done them any Iddnys, " etc. 

Rich. Meeke and Jno. Browne, aged about thirty years, testified that they 
drank a bottle of rum and when they went out they lost Thomes Edwards and 
did not know where he went. Sworn, 7:1: 1677-8, before Edm. Batter,* 
commissioner. 

Will. Downton testified that he asked Jno. Browne why he left his companion 
and he replied that he was afraid the constable would come and take him. 
Sworn before Edmund Batter.* 

Bond of Jno. Wilkinson and Jno. Launder, taken by Edmund Batter.* 

Warrant, dated 2:2: 1678, for the apprehension of Gilbert Tapley for 
raising reports about Mr. John Higgenson, signed by Hilliard Veren,* for the 
court, and served by Wm.. Curtis,* constable of Salem. 

Manassah Marston, aged about thirty-six years, deposed that about a month 
since being in company with William Punchard and Joseph Straker, he heard 
them say that Gilbert Taply reported to them that "Mr. Higginson Laid In 
to gett thatt part of the Neck that Joined to Capt. Savage his grownd and 
the reason why he soe Indeavored to get the sd land was thatt he being in his 

*Autograph. fAutograph and seal. 



110 SALEM QUARTERLY COURT [NoV. 

sons debt might therby pay him that debt." Sworn, Mar. 25, 1678, before Bar- 
tho. Gedney,* commissioner. 

Warrant, dated 2:2: 1678, for the apprehension of Morgaine Joanes, Wil- 
liam Lake's man, for being much in drink, signed by HilUard Veren,* cleric, 
and served by Wm. Curtis.* constable of Salem. 

Warrant, dated 2:2: 1678, for the apprehension of Thomas Vealy and 
Charles Hill, and also a summons to James Browne, glazier, as v/itness against 
the former, and Edward Bridges and his wife as witness against the latter, 
signed by HilHard Veren,* cleric, and served by Henry Skerry,* marshal of 
Salem. 

Ed. Bridges and Sarah his wife testified that about one month ago Chai-les 
Hill came to our house upon a Lord's day in the morning and desired a pot of 
beer and a cake. They asked him to go to meeting but he replied that he al- 
ways went to the Quakers meeting and he scorned to go to hear old Higgenson 
for he was an oppressor of the poor and he bound it by swearing by the name 
of God. Sworn in court. 

Sarah Milke testified that she saw Gils Alley come from William Lake's 
way Saturday about May 22 so distempered with drink that he ran against 
the pales. Alice Parker testified to the same. They also testified that Jno. 
Mansfield and Jno. Dunster came into their house from Lake's way and 
being in drink frightened them. Sworn, 2:2: 1678, before Edmund Batter,* 
commissioner. 

Writ of execution, dated 2:2: 1678, against Mr. John Gifford, to satisfy 
John Lee, signed by Hilliard Veren,* cleric. 

Warrant, dated 6:3: 1678, for the apprehension of Giles Hibbins, signed 
by Edmund Batter,* commissioner. 

"William Dounton, henery west william Swetland as tithingmen going to 
see what Company ther was in the ordenary and to kler the houses after we 
had ben about the oupper part of the town we went to frances koUenses whear 
we found william Curtis and thomas searel konstabels sitting befor the fier 
with ech of them ther men to atend them they told us that thej' wer going the 
Rouns we found them smoking and so we left them the euning being shet in 
we Returned horn but we thoft it was no good exampel for konstabels so to doe 

"on the 4 maj^ being the last day of the last week after the euning was shot 
in wee went to france? Collenses again and ther wee found konstabel tomas 
serel and 3 more with him discorsing about mater not sutabel for the begin- 
ing of the Saboth with a pot in on of ther hands wee told them that it was not 
wel don to be drinking ther at such a tim as that was the Constabel Replj^ed 
that ther had ben no bear Cald for sine he Came into the hous we must Confes 
that we saw no bear but wee saw them seting Round together smoking and 
the pot in on of ther hands sum words wer spocken against such an euel ex- 
ampel wher apon the Constabel start up from his seat and in his desplesur 
required us in his magestys nam to go along with him for he was Resolved to 
go to Gilbord taplys wee Redyly obeyed his Comand and went with him and 
as we going doun along we saw thomas Ros Come out of John taplys hous as 
wee thought the Constabel past along by him myself also past by him and spack 
not to him but goodman west spak to him and asked from wenc he cam he 
ancered sorlily and said what is that to thou or words to that purpos and 
Returned upon me will Dounton u'ith many abusful languag at which words 
I was not moued but said to him that he mit go about his bus but he being 
disgised in drinck as we did aprihend and would not be perswaded to go his 
way and we left him and went to John taplj^s hous and he folloed us to the hous 
with many thretning speches saiing that he would breack my bons and his 
stick was up as thow he would have executed his fury he hering spack of going 
to gilbord tapleys said that ther wer them that whould breack our bons and far- 
der said that if he had me but half a mil from that plac that he would break 
my bons T spack to the Constabel and asked him wher he whould se such an 
abuc and not aprehend the man but he was not wiling for he did not wher 
upon I said if he whould not then I whould and Required the Constabels 

* Autograph. 



1678] RECORDS AND FILES 111 

aesitpanc in his magesty nam but he Replyed that wee Could not I»equir him 
but paid that it was an abus atorrity and said that he must bear testamony 
against it but was not wiUing that he should be caried before a Comishonr 
now becaus he was in drink but he was willing to goe theno and wee broft him 
away and by the way he said have I ben a Captain for the kontry and font 
against the Ingans and now to be handled by such pitiful fellows a pox tack 
you al with many other unkoomly words til wee cam to mister gidnes hous." 
Sworn by William Dounton and Henry West, 7:3: 1678, in court. 

Writ of execution, dated 29 : 5 : 1678, against Mr. Christopher Lattamor, 
to satisfy judgment granted Capt. Richard More, signed by Milliard Veren,* 
cleric, and served by Henry Skerry,* marshal of Salem. 

Richard More's bill of cost, 18s. 

Mr. Christopher Lattamor, Dr., May 10, 1675, for a pr. of pannells & mend- 
ing of a Sadie, 3s.; Making up a sadle, 14s. 6d.; 2 buckells & buckling a girt, 
6d.; a pr. of swivell stirrops «fe leathers, 4s. 6d.; one smale Trunke, 4s.; one 
large Trunck, 7s. ; one fox chaine & coller, 2s. 6d. ; one Trunke more, 4s. ; one 
snaffell, 9d.; covering one sadell, only the seat was your own, 10s.; one stirrop 
Iron & a girt, 2s.; total, 2h. 2s. 9d. 

Writ: Richard More, as the husband of the relict of Samuel Crumton v. 
Christipher Lattamor; debt; dated ALay 23, 1678; signed by Hiiliard Veren,* 
for the court; and served by licnry Skerry,* marshal of Salem. 

Writ: Benjamin Masure v. Edmond Bridges; debt; dated 26 : 4 : 1678; 
signed by Hiiliard Veren,* for the court; and served by R,obert Lord,* by at- 
tachment of a shop of defendant's. 

Edmund Bridges' bill of cost, 7s. 

Edmond Bridges was presented for his unfaithfulness to Benjamin Mazure, 
he being his attorney to manage a case for him when absent at sea, having ac- 
cepted 10s. therefor; and upon an appeal from the judgment, he became at- 
torney for the opposite side, Phillip English. 

Letter of attorney, dated May 27, 1678, given by Benjamin (his mark) 
Mazuref of Salem, fisherman, to James Browne, glazier, of Salem. Wit: 
Hiiliard Veren, sr.,* and Timo. Lindall.* 

Copy of bond, dated 30 : 8 : 1077, given for Benjmain Mazury's appear- 
ance, signed by James Browne, Edmond Bridges and Benjamin (his mark) 
Mazury. 

Benjamin Mazury's bill of cost, 15s. 8d. 

Henry Skerry, jr., aged about forty years, and James Browne, aged about 
thirty years, deposed that they saw the 10s. paid, etc. Sworn, 26 : 12 : 1677, 
before Bartho. Gidney,* commissioner. Lawrence Masury deposed the same. 
Sworn, 28 : 3 : 1678, before Edmund Batter,* commissioner. James Browne 
owned the foregoing testimony in court. 

Philhp English, aged about twenty-seven years, testified that being in com- 
pany with James Browne of Salem at Mr. Danieil King's house sometime in 
November last, he heard James Browne say that he was attorney for Maziu-e 
and so deponent tried to persuade Edmund Bridges to be his attorney but he 
refused. Deponent then employed Lt. Way of Boston. Sworn in court. 

Philhp English's reasons of appeal, signed by Edmond Bridges,* as attorney: 
"it is every dayes waye in every trading towne, for marchants upon neglect 
of payment, for to arrest theire debtors," etc. The debt was for the passage 
of a maid from Jerzey. Sworn, 27 : 12 : 1677, before Hiiliard Veren,* cleric. 

Copy of letter of attorney, dated Oct. 27, 1677, given by Benjamin (his mark) 
Mazure of Salem, seaman, to James Browne of Salem, glazier. Wit: Hil- 
liarfl Veren, sr., and Laurance Mazure. 

Walter Fayerfield, aged about forty-seven years, deposed. Sworn, June 
27, 1678, before William Browne,* commissioner. 

Nathaniell Beadle deposed that James Browne said he received of Mazure 
twenty shillings. Phillipp English testified to the same. Sworn, 2:5: 
1678, in court. 

Writ of execution, dated Aug. 2, 1678, against Thomas Tuck to satisfy 

* Autograph. f Seal. 



112 SALEM QUARTERLY COURT [NoV. 

judgment granted Mr. John Ruck, sr., signed by Hilliard Veren,* cleric, and 
served by Henry Skerry,* marshal of Salem. 

John Ruck's bill of cost, 14s. lOd. 

Writ: Mr. John Ruck v. Thomas Tuck, sr., blacki?mith; debt; dated 13 : 
4 : 1678; signed by Hilhard Veren,* for the court; and served by Henry Sker- 
ry,* marshal of Salem. 

Writ: Mr. Steephen Haskett v. Christopher Latamore; debt; dated 14 : 
4 : 1678; signed by HilUard Veren,* for the court; and served by Henry 
Skerrj^* marshal of Salem. 

Writ: Mr. Steephen Haskett v. Jonathan Knights; debt; dated 14 : 4 : 
1678; signed by Hilliard Veren,* for the court; and served by Henry Skerry,* 
marshal of Salem. 

Writ of replevin, dated 5:8: 1078, for a mare of Jeremiah Rogers im- 
pounded by John Bullock, signed by Hilhard Veren,* for the court, and 
served by John Norman,* constable of Salem. 

At a meeting of the selectmen of Salem, 19 : 2 : 1678, James Poland and 
John Holmes were chosen surveyors of fences in the south field, as attest, 
Jno. Higginson,* recorder. 

Jno. Bullock's bill of cost, 13s. 6d. 

John Simson, aged about forty years, testified. Sworn, 5:9: 1678, before 
Ed. Batter,* commissioner. 

John Sympson, aged forty years, deposed that being in the south field 
about a week before it was laid open, at the time when John Bullock, the 
hay ward of the said field, had impounded a mare of Jeremiah Rogers, the 
latter asked Bullock if he would let his mare out of pound. He said that he 
would not for the mare had been impounded before and it had not been paid 
for. Rogers rephed, "yor father Pickering hath put his Cattle into the south 
field many & many a time and 1 have taken him coming out with them which 
I can prove and after yor Fathers Cattel haue been turned out then you have 
pounded other folks Cattell, then the sd Bullock spake to those that were 
present Gentlemen bear wittnesse how he abuseth my Father who scornes 
such a thing." 

John Bullock testified to the same. Sworn, 5:9: 1678, before Edm. 
Batter,* commissioner. 

John Sympson, aged about forty years, deposed concerning the gray mare, 
etc. Sworn, 5:9: 1678, before Edm. Batter, commissioner. 

Resolved White, aged about sixty-three years, deposed. Sworn, 5:9: 
1678, before Edm. Batter,* commissioner. 

James Pollard, aged about forty-six years, and John Holmes, aged about 
thirty-nine years, chosen by the selectmen of Salem as surveyors of fences 
in the south field, testified that the north side of the south field fence was 
suflScient for all orderly cattle. Sworn, Nov. 5, 1678, before Bartho. Gedny, 

commissioner. ,0 r n icto 

Manasseh Marston and John Glover, jr. deposed. Sworn, 5:9: IbVS, 

before Edm. Batter,* commissioner. 

Writ: Leift. John Higgenson v. Benjamin Webster; debt, for a parcel ot 

leather which Webster took of John Devorix on plaintiff's account; dated 

15:8: 1678; signed by Hilliard Veren,* for the court; and served by Robert 

Lord,* marshal of Salem. Bond of Samll. (his mark) Moses and Ben. (his 

mark) Webster. 

"M"" John Devorix if you please to accomodate Ben]. Webster with a p cell 

Lether fitt for his use to the value of fiue pounds 1 will pay you for it m Goods 

when you please to Call for it but take his receipt for what he has." 

"Salem: 27 March 1678. Y^ freind Jn". Higgmson 

On the reverse: Receipt signed by Benjamin (his mark) Webster. Jiio. 

(his mark) Devorixes receipt, dated 9:2: 1678, to Jno. Higginson for goods. 

Sworn, 12 : 9 : 1678, in court. 

Jno. Higginson's bill of cost, Hi. 2s. 4d. , t, -j 

Warrant, dated 7:9: 1678, for the appearance of Edmond Bridges, for 

*Autograph. 



1678] RECORDS AND FILES 113 

swearing, signed by Hilliard Veren,* cleric, and served by Henry Skerry,* 
marshal of Salem, by attachment of land and shop of Bridges. 

Warrant, dated 2:9: 1678, for Edmond Bridges' appearance before the 
Salem commissioners, signed by Edmund Batter,* commissioner, and served 
by William Curtis,* constable of Salem. 

Summons, dated 11:9: 1678, to Edward Flint, Thomas Robbins, John 
Cook and Joseph Gatchell, as witnesses in the foregoing case, signed by Hil- 
liard Veren,* cleric, and served by Henry Skerry,* marshal. 

Summons, dated 12 : 11 : 1678, to Mathew Barton, as a witness in Bridge's 
case, signed by Hilliard Veren,* cleric. 

Joseph Gatchell, aged about twenty-six years, testified that he heard Ed- 
mond Bridges, sr., affirm in open court when he appeared against Richard 
Croade that it had been a common thing at Croade's house for these seven 
years to give entertainment to Indians and sell liquor to them, to which all 
the neighbors could testify. Also Edward Bridges said that he had no 
friend in Salem but the honored Court and that two Indians came to his 
house on a Saturday night drunk from Croad's house and he arose from his 
bed to beat them away. Sworn, 1:8: 1678, before Edmund Batter,* 
commissioner. 

Hugh Joanes, aged about forty years, testified that he heard Edmund 
Bridges, sr., say to Mrs. Croade in her house since she kept ordinary, etc. 
Sworn, 2:7: 1678, before Edm. Batter,* commissioner. 

Hugh Joanes, aged about forty years, deposed that he was in the house of 
Mrs. Croade when Edmond Bridges was sitting by the fire near her, and de- 
ponent leaned his hand upon the back part of the chair in which Bridges sat, 
taking notice of his actions toward her. John Procter, sitting by the same 
fh-e, said to Bridges, "I do not doubt but thou wilt be ye First that will doe 
this woman a damage if ever thou hast opportunity." Bridges replied, 
"Noe I wish I may perish If ever I doe her a mouth full of wrong" and he 
swore by his maker and wished the ground might open and swallow him up 
alive, etc. Sworn, 2:7: 1678, before Edm. Batter,* commissioner. 

Joseph Gatchell, aged about twenty-six years, testified that being in Mr. 
King's entry at the court adjournment when Edmond Bridges had appeared 
against Richard Croade, Mrs. Croade said "Neighbor Bridges J am glad to 
see you well, but I should be glad to see you better; you have forgott since 
you wisht God might confound your body & Soule if ever you went about to 
do me wrong." Bridges replied, lifting up his hands and eyes toward heaven, 
"Ay, I have forgott it, for I never spake y^ words." Sworn, 1:8: 1678, 
before Edmu.nd Batter,* commissioner. 

Joseph Gatchell, aged about twenty-six years, testified that being at Ed- 
mond Bridges' house to confer with him about a bill he had upon Edward 
Richards of Lynn, said Bridges advised deponent to try the case before Major 
Hathorne and he would plead the case for him for 5s., saying "my life for 
y® Cause, drumm Major, I will recover y*' money for I never loose a Case 
before Major Hathorne." Deponent said that for his trouble he would hke 
to be at the expense of a pint of hquor, and Bridges said to send to Croad's 
"for He never leaue sending thither till I rout them for theire ordinary keep- 
ing my fife for ye cause sayes Bridges. Come M'' Blano drinke to my Lady 
eayes y*^ said Bridges." Sworn, 1:8: 1678, before Edmund Batterj* com- 
missioner. 

John Phelps, aged about thirty-six years, testified. Sworn, 25 : 7 : 1678, 
before Edmund Batter,* commissioner. 

John Cook, aged about thirty years, testified. Sworn, 2:7: 1678, before 
Edm. Batter,* commissioner. Peeter Cloyes testified. 

Charles Phillips, aged about fifty years, testified that he heard Bridges say in 
the latter's house that he wished that he might never enter into the kingdom 
of heaven if he ever did Mrs. Croade any harm. Sworn, 12 : 6 : 1678, before 
Edmund Batter,* commissioner. 

Edward Flint and Thomas Robbins deposed that they never knew that 

*Autograph. 



114 SALEM QUARTERLY COURT [NoV. 

Elias Pickworth v. Richard Thistle. Nonsuited.* 



*Writ: Elias Pickworth v. Richard Thistle; for not teach- 
ing him the trade of a cooper as agreed, on May 9, 1672, by 
covenant; dated Oct. 28, 1678; signed by Thos. Fiske,t for 
the court; and served by John Sampson,! constable of Beverly 
by attachment of the dwelling house of defendant. 

Croade or any of his family sold drink to Indians. Sworn, 12 : 9 : 1678, 
in commissioners' court. 

John Procter, aged about forty-six years, deposed. Sworn, 12 : 6 : 1678. 
before Edmond Batter,! commissioner. 

At a Commissioners' Court, Oct. 2, 1678, Joseph Getchell v. Sarah Haven, 
for debt, judgment respitted until the court to be held Nov. 5, when court 
gave judgment for defendant. 

Jeremiah Rogers v. John Bulock; for replevin of a mare; judgment for 
defendant. 

Eleazer Keizer, for violence toward William Pinson, was fined. 

Leift. John Higginson v. Benjamin Webster; debt; judgment respitted. 

Edmund Bridges was fined for contempt. 

Mr. John Hegson, Dr., for a Paer of Pla shooes for Paul Mansfeld, 6s., for 
his wife's shoes, 6s., Damaros a paer, 6s.; 2 Paer of cheldn shoes, 6s. 6d.; 
menden, 2s; menden. Is. 6d.; for youerselfe for menden child shoo, 3d.; for 
menden yom* mads shooes, 6d.; 5 Paer of Plan shooes, Ih. 5s.; 2 Paer of 
woman shooes, 12s.; 2 Paer of mens shooes, 14s.; total, 3h. 19s. 

Writ of execution, dated 28 : 9 : 1678, against Joseph Gatchell to satisfy 
judgment granted Sarah Haven, signed by Hilliard Veren,t cleric, and served 
by Henry Skerry,t marshal of Salem, who sent the money to said Sarah by 
her messenger, John Tarbox and John or Thomas Nowell of Lin. 

Warrant, dated 2:9: 1678, for the appearance of Elieaser Keiser, signed 
by Edm. Batter,! commissioner. 

Summons, dated 2:9: 1678, to Benjamin Keaser, Moses Vowden and 
John Mansfeild, as witnesses in the action between William Pinson and Elizer 
Keaser, signed by HilUard Veren.f 

Benjamin Keyser, aged about twenty years, deposed that when Wm. Pin- 
son came into his father's house, his brother Eleazer Keysor shut the door 
and quarrelled with him and would not let him out. Sworn, 2:9: 1678, before 
Edm. Batter,! commissioner. 

WilHam Pinson's bill of cost, 10s. 

Due to Mrs. Mold from William Pencens,t for three sear cloaths and a 
pott of ointment, 8s., for use on a hurt received by Eliezar Kezar. 

Marah Tarboxe testified that sometime last September being at his fath- 
er Haven's house, when Joseph Gatchil and Sarah Haven were reckoning for 
work done by Gatchil in his trade and for what he had laid out in finishing 
her clothes, Gatchil said if she would pay him 2s. in money or mutton, the 
account would be settled. Rich. Haven, sr., of Lin testified to the same. 
Susanah Haven, aged about fifty-six years, testified to the same. Sworn, 
Nov. 5, 1678, before Bartho. Gedney,t commissioner. 

John Mansfield, aged twenty years, and Moses Vouden, aged about thir- 
ty years, deposed that they heard a great noise in Mr. Keysor's house and 
going in heard Keysor say to Wm. Pinson that if he did not pay him two 
shillings he would have his skin, etc. Sworn, 4:9: 1678, before Edm. Bat- 
ter,! commissioner. 

William Pinson, aged thirty years, deposed that Keysor struck him a 
violent blow on the breast and madly tearing him by the coat said "I will have 
your heart Blood you Dogg," etc. Sworn, 2:9: 1678, before Edm. Batter,! 
commissioner. 

t Autograph. 



1678] RECORDS AND FILES 115 

Benjamin Marshall v. Capt. John Whiple and Ensign Tho. 
Burnam. Verdict for defendant.* 

*Writ: Benjemin Marshall v. Capt. John Whipple and 
Ensign Thomas Burnam of Ipswich; for, under pretence of 
power from the town of Ipswich, making a line and bound 
in his land, by which about fifty acres of land is cut off, which 
land is part of a farm formerly John Cogswell's, deceased, 
commonly called the great pasture; dated Nov. 18, 1678; 
signed by Thos. Fisk,t for the court; and served by Robert 
Lord,t marshal of Ipswich, by attachment of land of Ensign 
Tho. Burnam. 4"^ 

At a meeting of the selectmen Sept. 19, 1678, "The select 
men understanding that the Line betwen the comon and the 
grat pastur was run by the mutuall agrement of the owner and 
som sent by the select men and setled by the Consent of both 
parties doe therfor null what was done the 4**^ of January 
1677 by m'' wade and the rest with him." Copy made by 
Robert Lord,t cleric. 

Copy of indenture, dated Jan. 16, 1650, between Daniell 
Denison, Robert Paine, William Paine and William Bartholmew 
all of Ipswich on one part, and John Cogswell, jr., of Ipswich, on 
the other part, in which the former leased to the latter all land 
in Ipswich commonly called the neck beyond Chebacco river, 
bounded by the said river on one side, and by two great creeks 
on the other two sides, and by the heads of the said creeks, as 
it was formerly bounded, upon a straight line from either, 
extending within two rods of the line that divides Ipswich from 
Gloucester bounds, which land was granted to said Denison 
and others by the town of Ipswich for the use of a free school 
in Ipswich forever; the lease was for a thousand years, with 
annual payment of 141i. in butter, cheese, beef, pork, corn, and 
Cogswell was to be allowed for any town rates, but not for 
county rates or ministry maintenance, etc. Wit: Joseph 
Paine, Francis French, Joseph Noyes and John Paine. Copy 
made by Robert Lord,t cleric. 

Copy of lease, dated Dec. 6, 1673, given by Samuell Cogs- 
well of Ipswich to Samuell Pippen of Ipswich, husbandman, of 
a farm in Ipswich of 300 acres on the south side of Chebacco 
river, for ten- years, paying the first two years, 42s. yearly, 
and the last six years, lOli. annually, in pork, beef, butter, 
cheese, wheat malt or Indian corn; said Pippen was given the 
right to cut timber for finishing the house and building a barn 
and other housing for cattle, also for firewood and fencing, 
and what land he cleared for corn, he could have the use of 
the wood, also he should be allowed for the buildings erected 
at the end of the lease. Wit: James Chute and Thomas 

fAutograph. 



116 SALEM QUARTERLY COURT [NoV. 

Dennes. Recorded, Jan. 30, 1677, among the records of lands 
for Essex, book 4, p. 125, by Robert Lord,* recorder. On 
Jan. 25, 1674, Samuell Cogswell assigned this lease to his 
brother John Cogswell. Wit: Joseph Lee and Samuell 
Graves. On Dec. 6, 1677, John Cogswell of Ipswich assigned 
this lease to Benjamin Marshall until the end of Samuell 
Pipins' term. Wit: Phihp Fowler and William Goodhu, 
jr. Copy made by Hilliard Veren,* cleric. 

Copy of lease, dated Jan. 5, 1677, given by John Cogswell 
of Ipswich, administrator of the estate of his brother Samuell 
Cogswell, late of Ipswich, to Benjamin Marshall of Ipswich, 
shipwright, all the land which said Samuell formerly let to Sam- 
uell Pipin, except that parcel sold by Samuell to Abraham Perkins 
at the Island beyond Chebacco river, it being part of the farm 
his father had by lease from the town of Ipswich, ''bounded by 
Chebacco river on the northwest upon John Cogswells Land 
on the northeast from william thomsons corner being a Crotched 
maple tree marked on two sids and soe runing up to gloster 
line the next marked tree being a hemlock and thre more white 
oakes all marked with three notches on either side one a straight 
linne from tree to tree gloster line on the east as it is bounded 
in the grand lease coman lands of Ipswich towards the south 
wilham androus land towards the west," and paying 46s. 8d. 
annually in butter, cheese, beef and corn, etc. Wit: William 
Goodhue, jr. and Philep Fowler. Recorded Mar. 5, in the 
record of lands for Essex, book 4, p. 136 by Robert Lord,* 
recorder. 

John Giddins and Samuell Giddins testified that they were 
desired to go over Chebaco river to that farm commonly called 
the new pasture to measure the width between the head of 
Whitredg's creek and the head of John Burnam, sr.'s creek and 
to measure the breadth upon Gloster line from John Bur- 
nam, sr.'s corner bound tree to a maple tree near Gloster Hne 
which was marked with a stone at the root in a small swamp. 
They found the first 86 rods longer than the second, which 
Corporal Andrews, Benjamin Marshall and William Androws 
said Insign Burnam and Capt. Whiple marked. Sworn, 
Nov. 22, 1678, before Daniel Denison.* 

Moses Pengre, sr., deposed concerning the measurements. 
Sworn, Nov. 25, 1678, before Daniel Denison.* 

John Burnum, sr., deposed. Sworn, Nov. 25, 1678, before 
Daniel Denison.* 

Samuell Peppen and William Andrews deposed that they 
were upon this land about two years and saw a great many 
pine trees felled and John Burnum, jr., said he felled two of 
them and his father Ensign Burnam the rest, etc. Sworn in 
court. 

* Autograph. 



.v*/ 






'^c- 






^ 



.^- 






1678] RECORDS AND FILES 117 

William Andrews deposed that he went along with Ensign 
Burnum, Dekon Pingrin and Goodman Roper when they laid 
out John and Samuell Cogswell's farm and deponent's father 
went with them, etc. Sworn in court. 

Robart Cross and Thomas Varny testified that about five 
or six years ago they were at the running of the line and it 
was agreed that John Cogswell should have the lower part of 
the farm toward Chebacco bridge and Samuell Cogswell the 
upper part, against Ipswich common, etc. Sworn by Varney 
on Nov. 22 and Cross on Nov. 25, 1678, before Daniel Denison.* 

Jno. Brewer, aged fifty-two years, testified. Sworn, Nov. 
24, 1678, before Jo. Woodbridge,* associate. 

John Andrews, sr., testified as to the selectmen laying out 
the land and marking the bounds. Sworn in court. 

Daniell Epps, aged about fifty-four years, deposed. Sworn 
Nov. 25, 1678, before Daniel Denison.* 

John Cogswell, aged twenty-seven years, deposed. Sworn, 
Nov. 23, 1678, before Daniel Denison.* 

Margaret Cogswell, aged twenty-five years, deposed that 
she being in company with her husband, etc. Sworn, Nov. 
23, 1678, before Daniel Denison.* 

Robert Lord, sr., aged seventy-five years, deposed. Sworn, 
Nov. 25, 1678, before Daniel Denison.* 

Moses Pengry, sr., deposed concerning thg line. Sworn, 
Nov. 22, 1678, before Daniel Denison.* 

Jonathan Wade* and Thomas Wade* deposed that when 
the suit was withdrawn in Sept., last, between themselves and 
Benjamin Marshall, they advised WiUiam Andrews to drop the 
matter but he said he would spend all he had before he would 
let the case go. Sworn, Nov. 25, 1678, before Jo. Woodbridge,* 
associate. 

John Burnum, aged sixty-three years, deposed that he was 
with Capt. Whipple, etc. Sworn in court. 

John Andrews, sr. and William Andrews deposed. Sworn 
in court. 

William Goodhew, jr., deposed concerning going with Good- 
man Lovewell to run the line, etc. Sworn in court. 

Simon Stace, aged forty-one years, deposed. Sworn, Nov. 
25, 1678, before Jo. Woodbridge,* associate. 

Thomas Wade, aged about twenty-eight years, deposed 
concerning measuring the bounds. Sworn, Nov. 25, 1678, 
before Jo. Woodbridge,* associate. 

John Burnam, aged about thirty years, testified that his 
father Ensign Burnam and his uncle John Burnam, etc. Sworn 
Nov. 22, 1678, before Daniel Denison.* 

Samuell Peppen, aged about thirty-five years, deposed. 
Sworn, June 19, 1678, before Daniel Denison.* 

* Autograph. 



118 SALEM QUARTEELY COURT [NoV. 

William Haines v. Henry Williams. Nonsuited.* 
Thomas Hore v. James Pitman. For shooting Eliza, wife 

of said Hoare with a gun. Verdict for plaintiff. Defendant 

was to pay the doctor for the full cure.f 

Bill of cost of Thomas Burnum and John Whipple, 21i. 13s. 
8d. 

At a meeting of the selectmen Mar. 9, 1671-2, "ordered that 
Decon Pengry, Walter Roper and Sergent Burnam shall sett 
the bounds of m"" John Cogswell his farme betweene that farme 
& the common and Gloster line according to lease." Copy 
from Ipswich town book. May 16, 1678, by Robert Lord, J 
cleric. 

*Writ: William Haines, school master in Linne v. Henry 
Williams; debt for summering and wintering a bull of his about 
five years; dated Oct. 14, 1678; signed by Hilliard Veren,| 
for the court; and served by Thomas Laughton,J constable 
of Lyn. 

Henry Williams' bill of cost, 4s. 

fWrit, dated Nov. 19, 1678, signed by Moses Mavericke,| 
for the court, and served by William Wood, J constable of Mar- 
blehead. 

Thomas Hore's bill of cost. Hi. 12s. 3d. 

Petition, dated Marblehead, Nov. 25, 1678, of Samll. Ward,t 
Lieut., and Richard Norman, f Ensign: "about six weks agoe 
upon a traiening day we tooke up a vacant plase about our 
wach hous for our Exercies which we guardid round with 
musketers and Cleared the ground we ordered all parsons to 
kep of and Liekwies ordered all our sentenells to keep out all 
peopl and let non in without order at which tiem we had an 
other partie that waer to alarum us in which tiem thaer Caem 
a woman on Elisabeth hoaer and presd upon on of the sentenills 
who Comandid harr to stand of but she refusing as we aer in- 
formed was fierd at; what hurt she Resaieved we umblie Con- 
seaive she might have avoieded if she had pleasd but by harr 
own relation she hath formerlie oferd the sentinells abus in the 
saem maner." 

Edward Benit, aged twenty-three years, and Petter Kery, 
aged thirty-four years, deposed that at the last training day 
at Marvelhead in the time of skirmishing. Jams Pitman was 
set as sentinel and when Elisabeth Hore passed at a consider- 
able distance, he went out of his place and discharged his gun 
so near her that the fire burnt her clothes and flesh and the 
force struck her down to the ground. Sworn in court. 

Thomas Tener, aged forty years, deposed that he took Elis- 
abeth up from the ground, etc. SAvorn in court. 

I Autograph. 



1678] RECORDS AND FILES 119 

Michaell Bowden v. Capt. James Smith. Verdict for 
plaintiff. Appealed to the next Court of Assistants. James 
Smith bound, with Samuell Ebborne and John Baker as sure- 
ties.* 



James Dennis, aged thirty-six years, and Nathaniell Walton, 
aged about forty years, deposed that the sentinels were placed 
three rods apart, and Elisabeth tried to get in between two of 
them, etc. Sworn in court. 

Receipt of Rich. Knott,t chyr., to James Pittman, dated 
Nov. 25, 1678, for curing the wound. 

*Writ: Michall Bouddon v. James Smith; for not paying a 
debt due from Mary, wife of said James Smith; dated 19 : 
9 : 1678; signed by Ephraim Turnor,t for the court; and 
served by Joseph Webb,t marshal of Suffolk. Bond of James 
Smith.f 

Mary Smith, f on 9:11: 1676, acknowledged the debt of 
391i. 2s, Wit: Samuel (his mark) Aborn and Samuel Nurs.f 
Samuel Nursf made oath to the signature. 

Micall Bouden's bill of cost. Hi. 8s. 

Frances Nors, aged about fifty-eight years, and Edmund 
Bridges, aged about forty-two years, deposed that a month 
since Capt. Smith told them that he had made his wife his 
attorney in his absence, whereupon his tenant Mikell Bouden, 
etc. Sworn in court. 

Samuell Sendall, aged about sixty years, testified that a 
month since he was asked by James Smith to go with him to 
the latter's farm at Marblehead on which one Michaell Bowden 
was living, and met there Bowden, his father-in-law, his uncle 
Bridges and one of his brothers-in-law, etc. Sworn, Nov. 25, 
1678, before Edward Tyng.f assistant. 

Mary Smith, aged forty-eight years, Ann Smith, aged 
nineteen years and Sarah Smith, aged seventeen years, tes- 
tified that two years ago, Machell Bowden, Francis Nurse 
and his son came to Boston to the house where James Smith 
now lives, and Mary Smith signed a paper which she did not 
understand, being persuaded against her will. Samuel Aborn 
her brother-in-law, was then in the house on the bed and they 
called him to witness it. Mary could not sleep pondering 
what she had done and rose before day and called the men up 
saying that they had made no account of the produce of the 
farm, carting with the team nor increase of creatures. Nurse 
replied, "I protest Michell the woman speaks nothing but 
reason and you must Recktify things." But Bowden refused 
to give up the paper. Later Bowden went to Boston to have 
another accounting but Mary refused to do anything until 

t Autograph. 



120 SALEM QUARTERLY COURT [NoV. 

Ephraim Fellowes, Joseph Fellowes and Samuell Fellowes, 
administrators of the estate of William Fellowes, and Isaac 
Fellowes for himself v. Nathaniell Jacob, executor of the 
estate of Richard Jacob. Review. Verdict for plaintiff. 
Appealed to the next Court of Assistants. Nathaniell Jacob 
bound, with Tho. Knoulton and Tho. Jacobs as sureties.* 

her husband came home. Bowden said he wanted money to 
finish the barn he was building. She bade him keep the 
produce of the farm and sell her husband's horse, etc. Sworn 
Nov. 25, 1678, before Edward Tyng,t assistant. 

*Writ, dated Nov. 20, 1678, signed by Robert Lord,t for 
the court, and served by Tho. Lovell,t deputy for Robert 
Lord,t marshal of Ipswich. 

Nathaniel Jacob's bill of cost, 21i. 5s. Id. 

Ephraim Fellows' as attorney, bill of cost, 21i. 4s. 6d. 

William Dorge, sr. and Joseph Ayers, deposed that being 
desired by Ephraim Fellows to appraise a parcel of corn which 
was destroyed by swine, said it was at least twenty bushels 
of Indian corn. Sworn, 23 : 9 : 1678, before Daniel Denison.f 

Joseph Jacob, aged about twenty-two years, testified that 
when Corporal Andrews came to deliver the farm to his fath- 
er, he said that there was a parcel of land which he had for- 
gotten to tell them of, near Walker's swamp. Sworn, Nov. 
25, 1678, before Daniel Denison.f 

Thomas Lovell, deposed that he measured the land and 
there were three acres and thirteen rods, and Samuel Ayers, 
jr. was present. Sworn, 23 : 9 : 1678, before Daniel Denison.f 

Thoms. Knowlton, aged about thirty-six years, and Willm. 
Knowlton, aged thirty-four years, testified. Sworn in court, 

John Appleton, sr., of Ipswich, aged about fifty-seven years, 
deposed that his brother Jacob, etc. Sworn, Nov. 25, 1678, 
before Daniel Denison.f 

William Knowlton deposed that being a servant of Ser- 
geant Richard Jacob, etc. Sworn in court. 

Thomas Jacob deposed that his father ordered Master 
John Apleton to pay Andrews, etc. Sworn in court. 

Copy of deed, dated Apr. 4, 1663, given by Sarah Andrews, 
widow of Jno. Andrews of Lynne, deceased, to Richd. Jacob 
of Ipswich, for 50s., two parcels of land formerly belonging 
to her husband but now in occupation of Richd. Jacob; the 
first parcel of four acres lay between Mile brook and Mr. Sal- 
tonstall's forty acres, the other one acre on the other side 
of the farm bounded by Walker's swamp, Mile brook and 
land of Goodman Fellows. Wit: Thomas Andrews and Daniel 
Epps. 

t Autograph. 



1678] RECORDS AND FILES 121 

Abraham Perkins v. Theoder Atkenson, sr. Verdict for 
plaintiff. Tho. Rumery, attorney to defendant, appealed to 
the next Court of Assistants, and was bound with Capt. Price 
as surety.* 

Thomas Jacob, aged about thirty-eight years, deposed. 
Sworn in court. 

Letter of attorney, dated Nov. 23, 1678, given by Isack 
Fellows,t Samuell Fellowsf and Joseph Fellowsf to Ephraim 
Fellows, their brother. Wit: Robert Lord, J marshal and 
Daniell Wikam.J Sworn in court. 

John Pengelly, aged about twenty-eight years, testified. 
Sworn, Oct. 28, 1678, before Daniel Denison.t 

John Pengelly, aged about twenty-eight years, deposed that 
his master Jacob repaired the fence, etc. Sworn, Oct. 28, 
1678, before Daniel Denison.J 

Daniell Weickum and Nathaniell Healy deposed that being 
in company with Nathaniell Jacobs at the Deputy Governor's 
house, etc. Sworn, by Healy, Nov. 23, 1678, before Daniel 
Denison,t and by Wicom in court. 

William Dillo, aged about forty-five years, deposed that 
being a servant to Corporall John Andrews, he received twenty 
bushels of malt at Mr. Appeiton's for the acre of land. Also 
that he heard his Master Andrews tell William Fellowes at 
Mr. Corwin's shop at Salem, etc. Sworn, 20 : 7 : 1678, be- 
fore William CowdryJ and John Dammon,J commissioners of 
Redding. 

Thomas Ayers testified. Sworn, Nov. 25, 1678, before 
Daniel Denison.| 

John Pengelly, aged about twenty-eight years, deposed 
that the land was fenced in when he came into the country 
about eleven years ago, etc. Sworn, Oct. 28, 1678, before 
Daniel Denison.J 

*Writ: Abraham Perkins v. Mr. Theoder Adkisson, sr., 
for denying that he had given a letter of attorney; dated 
Sept. 26, 1678; signed by Robert Lord,t for the court; and 
served by Danill Wicom, t deputy for Robert Lord,t marshal 
of Ipswich. Bond of Theoder Atkinson^ of Boston, with 
John Atkinson,! as surety. Wit: Tho. Woodbridge| and 
Edmond Bridges, t 

Abraham Perkins' bills of cost, 21i. 6s. 8d., and 121i. 4s. lOd. 

Bill of cost of Tho. Rumsey, attorney to Mr. Theoder 
Atkinson, 8s. 

Daniell Wycom and Robert Lord, jr., deposed that Atkin- 
son told Perkins if he could prove that he gave a letter of 
attorney to his son, he w^ould pay the debt. Sworn in court. 

t Autograph and seal. t Autograph. 



122 SALEM QUARTERLY COURT [NoV. 

William Longfellow v. John Pickard and Ezekiell Northend, 
as inhabitants of the town of Rowlj^ and as lot layers or men 
appointed to divide or lay out land in said town in behalf of 
Rowley. Special verdict. If Henry Sewall, grantor of the 
deed to Longfellow, were a lawful heir to Henry Seawall of 
Rowlj^ deceased, they found for plaintiffs, nine gates with 
all privileges; if otherwise, for defendant. Court gave judgment 
for plaintiff. Appealed to the next Court of Assistants. De- 
fendants bound, with Mr. Nehemiah Juett as surety.* 

Copy of letter of attorney made by Robert Lord,t cler. 

Letter of attorney, dated Nov. 25, 1678, given by Theoder 
AtkinsonJ of Boston to Thomas Rumrey of Boston, gentleman. 
Wit: Jonathan Howard,! notary public. 

*Writ: William Longfellow v. John Pickard, sr., and 
Ezekiell Northend, lot layers of Rowley; for not laying out to 
him his proportion of gate land that belonged to the right of 
Mr. Henry Sewall, purchased by him of Mr. Edward Carlton, 
and by the heir of said Sewall conveyed to Longfellow; dated 
Nov. 19, 1678; signed by Robert Lord,t for the court; and 
served by Robert Lord,t marshal of Salem, by attachment of 
the house and barn of said Northend, and land of said Pickard. 

Bill of cost of defendants, Hi. 10s. 

George White deposed that he was at the house of Ezekiell 
Northend of Rowley when Longfellow demanded the gate land 
of nine other gates, and helped measure two bushels of good 
old Indian corn which Longfellow left as pay for the laying 
out, etc. Sworn, Nov. 25, 1678, before Daniel Denison.f 
Robert Lord, marshal, testified to the same. Sworn in court. 

Copy of the rates of old Mr. Shuell who lived and died at 
Rowley, taken from the ministrv book by William Tenny,t 
keeper of the book: 9 mo. 1649, 'l4s.; 10 : 9 : 1650, lis. 9d.; 
3 mo. 1651, 10s. 6d.; 10:9:1651, 10s. 4d.; 1:3:1652, 
9s. 3d.; 10:9:1652, 10s.; 3 mo. 1653, 8s.; 10:9:1653, 
5s. 5d.; 1:3: 1654, 4s. 7d.; 16 : 9 : 1654, 4s. 4d.; 17 : 3 : 

1655, 5s. 4d.; 8:10:1655, lis.; 5:3:1656, 6s.; 24:9: 

1656, 4s. 4d. for his house; 26 : 3 : 1657, 4s. for his house. 
Certificate signed by Joseph Jewett, Mathew Boyes and 

John Tod that there were nine gates appraised in Mr. Henry 
Sewall's inventory filed Mar. 25, 1656. Copy made by Robert 
Lord,t cleric. 

Copy of petition of Mr. Henery Sewall, son of Mr. Henery 
Sewall, presented to the town meeting at Rowley, Jan. 8, asking 
for a confirmation of his gate rights, etc. Copy made by 
John Johnson. t 

t Autograph. % Autograph and seal. 



1678] RECORDS AND FILES 123 

John Bates and Martha, his wife v. Giles Coree and Mary, 
his wife. Defamation. Verdict for plaintiff.* 

"Memo that Henery Short entered to the estate 27 March 

1656 

"M<^ that Tho. Lamb and Dan Wibham was present when 
goodman pickard desiered 6 weekes tim I would have granted 
it provided at ye end of six weekes they would lay out his Land." 

Receipt, dated Apr. 8, 1658, given by Moses Browne for 
401i. from Thomas Stanton, by order of Mathew Boyes, m 
payment of land sold to Anthony Crossby of Rowly by Hen- 
ry Sewall of Badsly in old England. Wit: Hugh Drury and 
James Stanton. Copy made by Hilliard Veren.t 

Receipt, dated Apr. 21, 1657, given by Moses Browne to 
Mr. Anthony Crosbee for 201i. by order of Mr. Henry Sewall 
of Badsley. Copy made by Hilliard Veren,t cleric. 

Deed, without date, given by Edwarde Carltonf of Rowley 
to Henery Sewall, sr., of Newbery, dwelling house, barn and 
other housen with three acres of land in Rowley; also nine 
gates in Rowley which Mr. Henery Sewall had liberty to 
stock with four score sheep or other cattle proportionately. 
Six of the nine gates were in the walk and three in the ox 
pasture. 

"Brother Short Since ¥<= writting of my Letter to you M' 
Crosby & I are agreed upon Articles Conscirning my House 
& Land at Rowly wch my father did purchas of M' Edward 
Carlton upon y« performance of wch I would intreat you to 
give him possession there of & of every part thireof also to Lett 
him receiue y^ rent dew since my Fathers decease & this shal- 
be you'' full discharge Hen: Sewall. t 

"Baddesly 15 Aprill 1657. Anth. Crosbe.j 

"In y^ meane time If It be not Let you may Lett him have 
free egress & regress for y"^ Reparing of it if he can agree with 
y« tenent." 

Deed, dated Jan. 1, 1677, given by Henry SewallJ of New- 
bery to William Longfellow of Newbery, all his mterests m 
Rowley, with all the gates purchased by Mr. Henery Sewall, 
sr., deceased, in Rowley, with privileges upon the common of 
Rowley. Wit: Stephen Sewallf and Jane Sewall. t Acknow- 
ledged, Sept. 30, 1678, before Jo. Woodbridge,t commissioner. 
Recorded, Oct. 3, 1678, in the records of lands for Essex at 
Ipswich, book 4, page 192, by Robert Lord,t recorder. 

Copy of record of the division of fences in Rowley, accord- 
ing to town order, 1650, made, Nov. 25, 1678, by Philip Nell- 
son T recorder. 

*Writ, dated 19 : 9 : 1678, signed by Hilliard Veren,t for 
the court, and served by John Williams,! deputy for Henry 

t Autograph. t Autograph and seal. 



124 SALEM QUARTERLY COURT [NoV. 

Capt. James Oliver and Thomas Dexter, jr., administrators 
of the estate of Tho. Dexter, sr. v. the town of Lin, or Capt. 
Richard Walker, Thomas Laighton, Wm. Bassett, Andrew 
Mansfield, Nathaniell Kertland, John Burrell and Ralph 
King, selectmen. Verdict for defendants. The inventory- 
to be allowed by virtue of an order of the General Court. Leift. 
Waye, attorney to plantiff, appealed to the next Court of As- 
sistants, and was bound, with Mr. Jonathan Ting and Joseph 
Webb as sureties.* 

Skerry, t marshal of Salem, by attachment of house and land of 
defendant. 

John Gloyd, aged about twenty-five years, and Mary his 
wife, deposed that they were at Coree's house sometime in 
June and heard Mary, wife of Coree say that the wife of John 
Bates had several times milked Coree's cows as they came out of 
the woods past Bates' door. Sworn, 26 : 9 : 1678, before 
Edm. Batter, t commissioner in Salem. 

Mary Parker, aged twenty-five years, testified that about 
two months ago she heard Bates' wife say that she milked 
some of her mother Cory's cows. Sworn in court. 

*Writ, in an action of review of a judgment granted against 
said Dexter, sr., at the Court of Assistants in Boston, Sept. 
1, 1657, which was an appeal from the Salem court, 30 : 4 : 
1657, concerning a neck of land near the town of Linn, known 
as Nahant; dated Boston, Nov. 20, 1678; signed by Ephraim 
Turnor,t for the court; and served by Joseph Webb,t marshal 
of Suffolk, by attachment of common land of Lin near the 
meeting house, and notifying Mr. Thomas Laiton and Mr. 
Ralph King, selectmen. 

Copy of writ: Thomas Dexter, sr. v. Thomas Laughton, 
George Keaser, Robert Coates and Joseph Armitage, for the 
town of Lynn; trespass at Nahant, by keeping cattle, cutting 
wood, giving out lots for building houses and planting; dated 
24 : 4 : 1657; signed by Thomas Stace, for the court; and 
no return made. Edward Mitchelson, marshal of Suffolk made 
Richard Wayte, his deputy. Copy made by Edwd. Rawson,t 
secretary. 

Reasons of appeal, dated Aug. 26, 1657, of Farmer Dexter, 
delivered to Daniel Denison.f Copy made by Edw. Rawson,t 
secretary. 

Copy of record of this action at the Court of Assistants, 
with judgment for defendant. Copy made by Edw. Rawson,t 
secretary. 

Copy of record of Salem court, 30 : 4 : 1657, with verdict 
for defendant. Copy made by Edw. Rawson,t secretary. 

fAutograph. 



1678] RECORDS AND FILES 125 

Cop5^ of letter of attorney, dated Sept., 1677, given by James 
Oliver of Boston, merchant, administrator of the estate of 
Thomas Dexter, late of Boston, and in behalf of Thomas 
Dexter, mariner, to Leift. Richard Way of Boston. Wit: 
Thomas Moore and Thomas Kemble. Acknowledged, 22 : 
7 : 1677, before Thomas Clarke,* assistant. Copy made by 
Robert Lord,* cleric. 

Certificate of administration upon the estate of Thomas 
Dexter, sr., late of Boston, dated Feb. 19, 1676, given by 
Hon. John Leverett, Esq. Govr. and Edward Tyng, Esq., as- 
sistant, to Capt. James Oliver, his son-in-law and Thomas 
Dexter, jr., his grandson, signed by Isa. Addington,* cler. 

Bill of cost of the town of Lyn, 41i. lis. 6d. 

At a General Court held at Boston Oct. 2, 1678, it was 
voted that the entrance money be returned to Capt. James 
Oliver in his action aganst the town of Lj-^nn. Copy made by 
Edward Rawson,* secretary. 

Copy of General Court records, 13 : 12 : 1638, signed by 
Nathaniel Turner, WilHam Ballard, Richard Walker and 
John Woodbery, and copy made by Edw. Rawson,* secretary: 
"It is ordered that the bounds betwixt Salem and Lynn shall 
at the Clyffe by the sea, where the water Runns as the way lyeth 
from lynn to Marble head & Runns upon a streight line to the 
long pond by the old path that Goeth to lynn at the south end 
thereof next to lynne; & the pond to be in Salem bounds and 
from that pond to runn upon a streight lyne to the Island in M'' 
Humbreys pond and from that Island to runn upon a streight 
line to sixe great pine trees marked called by those sixe men 
that layd out the bounds the sixe mens bounds and from 
those trees to runn upon a streight line unto another little pine 
tree marked by the side of a litle hill beyond the trees and to 
runn upon the same line so farr as our bounds shall reach into 
the country." 

Copy of General Court records. May 18, 1642, adjourned 
to June 14, 1642, signed by Willi. Hathorne and Edward Tom- 
lins, made by Edward Rawson,* secretary: "Whereas William 
Hathorne of Salem & Edward Tomlins of lynn were chosen 
by the Gennerall Court to lay out the length of the bounds of 
the Towne of lynne according to the Courts order of six miles 
from the meeting house which accordingly hath beene performed 
the day & yeare above written which wee signify under our 
hands to extend from Charles Toune bounds to the south of 
the great pond at lynn village and from thence to the great 
swampe adjoyning unto the great pond, and so to Runne from 
thence northward to the North River and so to Salem bounds 
these being the nearest marks by our measure wee finde to 
state the bounds." 

* Autograph. 



126 SALEM QUARTERLY COURT [NoV. 

At a criminal court held at Boston, 13 : 1 : — , "Lynne 
was Granted sixe miles into the Country & m"" Hathorne Lef- 
tent Davenport to view & Informe how the land beyond lyeth 
whither it may be fit for another Plantation or no." Copy made 
by Edward Rawson,* secretary. 

At a General Court, 12 : 1 : 1636: "It is agreed that m'' 
Humphrey's ground shall begin at y" Cliffe in y** way to Mar- 
blehead, which is the bound betwixt Salem and Lynne, & so 
along the lines between the s'^ Townes, to the Rocks one mile 
by Estimation to a great Red Oake marked, from w"^ the said 
marked tree all under & over these Rocks, upon a streight 
line to the running brooke, by Thomas Smith's house, all 
the which said ground we allow him for his owne & so from 
Thomas Smith's to the sea; in case the ground appears to be M' 
Humphrey's upon which Thomas Smiths & William Witters 
houses stands with the Ground which they have broken up by 
their houses, by y*" joint agreement of Wm. Traske, Natha, 
Turner, Rich. Wright, Abra. Palmer." Copy made by Edw. 
Rawson,* secretary. 

Nathaniell Bacor, aged about sixty-six years, testified 
that in 1632 or 1633, he met with an Indian called Blackwill 
who had on a stuff suit of clothes that were pinked, and he 
said he had them of farmer Thomas Dexter, sr., who then lived 
at Saugus, now called Linn, giving him Nahaunt for them. 
Later deponent at Dexter's saw the latter pay Sagamore George 
some corn in part pay for Nahaunt, and he then fenced it in, 
and it was always considered the property of Dexter. Also 
Salem men for two or three years hired pasturage of said Dexter 
for horses and cattle. Sworn, Sept. 21, 1677, before Edward 
Tyng,* assistant. 

Gorge Keser, sr., aged about sixty-five or sixty-six years, 
deposed that being an inhabitant of Line when Mr. Humphery 
dwelt there, at a town meeting about thirty-five years ago, 
Mr. Humphrey moved that if the proprietors of Nahant 
would give up their rights to Line, he would give up his rights 
and Dexter agreed. Sworn in court. 

Capt. Richard Walker, aged about sixty-five years, testified 
that being one of the first inhabitants of Linn, alias Saugus, 
"upon our first setling there, wee Couenanted agreed and 
bought of an Indian called Black william (whoe was owned by 
the Sachem and all y*^ Indians to be the proprietor and owner 
of that place called nahant) which place wee purchased of 
him and haue had the possession and use of the same for 
many years." Sworn, 22 : 7 : 1677, before Wm. Hathorne,* 
assistant. 

Richard Church of Hingham, aged about forty-eight years, 
deposed that he heard George, the Indian, say to farmer Dexter 

* Autograph. 



1678] RECORDS AND FILES 127 

that the latter bought Nahaunt of his cousin, but all the pay 
vv^as not given to his cousin, for George being the next heir, re- 
ceived the remainder of the pay. This happened about a year 
and a half ago. Sworn, Apr. 27, 1657, before Joshua Hubbard.* 
Edward Holyoke deposed that about 1642 or 1643, Mr. 
Humfery and Thomas Dexter, sr., desired him to join them in 
a suit about Nahant on account of his proprietorship, he having 
purchased Capt. Turner's right in Saugus alias Lyn, but he 
dared not, because divers inhabitants declared that Nahant 
belonged in common to the plantation of Lyn, and contending 
for it "would have beene as for Naboth's vineyard." Sworn, 
June 27, 1657, before Daniel Denison.* 

Jonathan Negus, aged about fifty-six years, and John Wil- 
liams, aged about twenty-two years, deposed that Thomas Dex- 
ter and Joseph Armitage meeting at deponent's house, Armitage 
told Dexter that which ever side he took in the suit, he would 
cast the case. Sworn, 12 : 4 : 1657, before Richard Parker, 
commissioner. Copy made by Edward Rawson,* secretary. 

Clement Couldam, aged about fifty-five years, deposed that 
about thirty-four years since, he lived with old Thomas Dexter 
and the latter coming from the town meeting told Mr. Sharp 
of Sallem, in his hearing, that he had given up his right in 
Nahant to Line and the town had given him a considerable 
tract of land on the back side of his farm which would be of 
more advantage to him. Sworn in court. 

Henery Vaine of Boston, aged about seventy-two years, 
testified that Mr. Sadler, Mr. Otely, Goodman Armitage, 
Michaell Lambert, Francis Linsey, Goodman Riches, all of 
Lynn, all had told him that Dexter owned Nahant. Riches 
was working about a great elm about two years before when 
he told him, and Mr. Keaser said the same thing in Michaell 
Lambert's house, before said Keaser and his wife, Christopher 
Linsey and deponent, and they also said they were Dexter's 
tenants. Sworn, 30 : 4 : 1657, before Elias Stilman,* clerk. 
Sworn before Edw. Rawson,* secretary. 

Ens. William Dixy, aged about fifty years, deposed that 
about twenty-eight years ago, Mr. Isaack Johnson, his master, 
wrote to the Hond. Governor, Mr. Endecott "for a place to 
sitt downe in," whereupon Mr. Endecott gave them leave to 
go wherever they would. They went to Saugust, now Linne, 
where they met with Sagamore James and some other Indians, 
who gave them leave to dwell thereabouts, and they and the 
rest of his Master's company cut grass for their cattle, keeping 
them on Nahant, and had quiet possession. Sworn, 1:5: 
1657, before Elias Stileman, cleric. Copy made by Hilliard 
Veren,* cleric. 

George Far, aged about sixty-three years, testified that 

* Autograph. 



128 SALEM QUARTERLY COURT [NoV. 

Black Will or Duke William, so called, was the owner of Na- 
hant and he helped to fence it in for Thomas Dexter. Sworn, 
15 : 2 : 1657, before Francis Johnson, commissioner. Copy 
made by Edward Rawson,* secretary. 

George (his mark) Sagamore and the Sagamore (his mark) 
of Agav/am testified that Duke William sold all Nahant to 
Thomas Dexter for a suit of clothes which Dexter took again 
and gave him two or three coats for it. Copy made by Edwd. 
Rawson,* secretary. 

Copy of depositions in this action, 30 :4 : 1657, in Salem court. 

John Witt, aged about forty years, deposed that Christopher 
Linsey told him, etc. Daniell Salmon deposed the same. 
Sworn, 1:5: 1657, before Elias Stileman. Copy made by 
Billiard Veren,* cler. 

Mark Graves, aged about thirty-five years, deposed that 
he was in Boston with Michaell Lambert and the latter asked 
Dexter if he had a share in Nahant and could help him in his 
trouble, etc. Sworn, 1:5: 1657, before Elias Stileman. 
Copy made by Hilliard Veren,* cler. 

John Legg, aged about forty-seven years, testified that when 
he was Mr. Humphery's servant, etc. Sworn, Apr. 7, 1657, be- 
fore Francis Johnson,* commissioner. Copy made by Edwd. 
Rawson,* secretary. 

Edward lerson, aged about fifty-seven years, testified that 
about twenty-five years ago, he worked at fencing for his 
master Dexter at Nahant. After the fence was put up, all 
the new-comers were to give 2s. 6d. each to those who built 
the fence, including some of Salem who brought cattle there. 
Sworn, 27 : 2 : 1657, before Tho. Laughton, commissioner. 
Copy made by Hilliard Veren,* cler. 

Joseph Armitage, aged about fifty-seven years, testified 
that upon Mr. Cobbitt's persuading them, some gave up their 
interest in Nahant, etc. Sworn, 30 : 4 : 1657, before Elias 
Stileman, cler. Copy made by Hilliard Veren,* cler. 

Daniell Salmon, aged about forty-five years, deposed that 
he being Master Humphrey's servant about twenty-three 
years ago, there were wolves in Nahant and he commanded 
the whole train band to drive them out because it belonged 
to the whole town, and farmer Dexter's men being at training 
went with the rest. Sworn, 1:5: 1657, before Elias Stileman 
cler. Copy made by Hilliard Veren,* cler. 

Joseph Redknap, aged about sixty years, deposed that 
about twenty-two years ago, he fenced in his part of Nahant 
where he kept the town cattle since it was a town. This 
fence was in repairing of an old fence formerly set up there. 
Sworn, 27 : 2 : 1657, before Tho. Laughton, commissioner. 
Copy made by Hilliard Veren,* cler. 

* Autograph. 



1678] RECORDS AND FILES 129 

Samuell Whiting, sr., of Linne, deposed that Mr. Hum- 
phries desired that Mr. Eaton and his company not only 
buy Nahant, but the whole town of Linne, and that Mr. 
Cobbet and he and others went to Mr. Eaton to offer both 
to him and to commit themselves to the providence of God, 
etc. Sworn, July 1, 1657, before Elias Stileman, cler. Copy 
made by Hilliard Veren,* cler. 

John Ledg, aged about forty-seven years, deposed that 
about twenty-five years ago, his master, Mr. Humphries, etc. 
Sworn, 27 : 2 : 1657, before Tho. Marshall, commissioner. 
Copy made by Hilliard Veren,* cleric. 

William Harker deposed that the present Hond. Governor 
was at Saugust or Linn, where there was an action commenced 
against one Linsey for living at Nahant, and deponent said 
he thought Lynn had nothing to do with Nahant. The 
Governor said he knew to the contrary, for said he, ''I know 
that Nahant is the Towne of Linne." Sworn, 1:5: 1657, 
in court. Copy made by Hilliard Veren,* cleric. 

George Farr testified that all those who fenced at Nahant 
had proprietorship there, and when Capt. Turner with the 
rest made the fence, he said to make haste lest the country take 
it from them. Sworn, 27 : 2 : 1657, before Tho. Laughton 
and James Axey, commissioners. Copy made by Hilliard 
Veren.* 

Wm. Traske, aged about sixty-nine years, deposed that 
he, Jno. Balch and others of Salem were given leave twenty- 
five years ago, by Thomas Dexter to put their young cattle at 
Nahant for the summer. Sworn, 22 : 2 : 1657, before Edmo. 
Batter, commissioner. Copy made by Edwd. Rawson,* sec- 
retary. 

William Edmonds, aged about forty-seven years, deposed 
that about twenty-one years since he kept cattle at Nahant 
for the town of Lynn, etc. Sworn, 27 : 2 : 1657, before Tho. 
Laughton, commissioner. Copy made by Hilliard Veren,* 
cler. 

Mr. Daniell King, aged about fifty-five years, deposed that 
he refused to sue the town of Lynn. Sworn, 1:5: 1657, 
before Elias Stileman, cler. Copy made by Hilliard Veren,* 
cler. 

Robert Driver, aged about sixty-five years, deposed that 
about twenty-five years since, etc. Sworn, 27 : 2 : 1657, 
before Tho. Laughton, com. 

John Sibley, testified that about twenty-eight years ago, 
dwelling with Sir Richd. Saltingston, his master's cattle as well 
as Mr. Johnson's were kept at Nahant. Sworn, 1:5: 1657, 
in court. 

Joseph Redknap and Edward Richards deposed that at a 

* Autograph. 



130 SALEM QUARTERLY COURT [NoV. 

Mr. John Gifford v. John Lee. Slander. Withdrawn.* 
Nicholas Chatwell v. Mr. John Paine, Mr. John Pinchin 
and Mr. Jonathan Ting. Verdict for plaintiff. Forfeiture 
of the bond. Defendant appealed to the next Court of Assis- 
tants. Mr. Jonathan Ting bound, with Mr. Tho. Woodbridg 
and Mr. Nehemiah Willowby as sureties.! 

Mr. Thomas Woodbridg v. John Griffin. Verdict for 
plaintiff. I 

Lynn town meeting, Mr. Richard Leader desired to have the 
wood at Nahant and Mr. Dexter urged them to let him have 
the runnings out of the pine trees. Leader said he did not care 
who had the runnings out if he might have the runnings in, 
but they would not grant it. John Tarbox deposed the 
same. Sworn, 27 : 2 : 1657, before Thomas Laughton, commis- 
sioner. 

William Witter testified that he bought Nahant and Sagomer 
Hill and Swamscoat of Black William for two pestle stones. 
Sworn, 27 : 2 : 1657, before Thomas Laughton and James 
Axey, commissioners. 

Copies of the foregoing four depositions made by Hilliard 
Veren,§ cleric. 

*Bond of arbitration, dated Nov. 27, 1678, given by Jno. 
Lee 1 1 and Jno. Gifford, || to end all differences in matters of 
debt and slander, and Capt. Nathanill Saltingston, Esq., Mr. 
Jams Barnard and Capt. John Whipple were chosen arbitra- 
tors to report at the house of Quartermaster John Pirkins. 
Wit: Tho. Mould§ and Edmond (his mark) Bridges. 

jBond, dated July 2, 1673, given by John Payne,! | John 
Pinchon and Jonathan Tyng,|| all of Boston, to Nicolas Chat- 
well of Salem, mariner, for 100 pounds. Wit: Jere. Dumer§ 
and Will. Hawkins.§ Sworn, 24 : 4 : 1678, before Anthony 
Stoddard,§ commissioner. Stephen Haskett's receipt, dated 
Mar. 22, 1674-5, to John Pynchon, jr., for 16H. 15s., it being 
his part of the bond. 

Nicholas Chatwill's§ order, dated July 27, 1674, to pay Mr. 
Stephen Haskett of Salem, and Stephen Haskett's § receipt, 
dated Aug. 1, 1674 to John Pynchon, jr. for 10 pounds. Wit: 
Hilliard Veren, sr.§ and William Henfield.§ Nicholas Chat- 
wiirs§ receipt, dated July 2, 1676, to Mr. Jonathan Ting, for 
8H., three years' interest of 251i. Wit: Henry Bartholmew.§ 

Nicholas Chatwill's bill of cost, Ih. 2s, 

Writ, dated 18 : 9 : 1678, signed by Hilliard Veren,§ for 
the court, and served by William Beale,§ deputy for Henry 
Skerry, § marshal of Salem. 

I Writ: Tho. Woodbridge of Newbery v. John Griffin; 

§ Autograph. || Autograph and seal. 



1678] RECORDS AND FILES 131 

Mr. Tho. Woodbrid v. Wm. Kneff. Verdict for plaintiff.* 
Mr. Phillip Cromwell, as he married the relict and adminis- 
tratrix of Robert Lemon v. Bartholomew Gale. Special 
verdict. If plaintiff, in behalf of his wife, could sue for the 
land in controversy before it was inventoried, they found for 
plaintiff, the land in controversy; if otherwise, for defendant. 
Court gave judgm^ent for defendant.! 

debt; dated Nov. 5, 1678; signed by Nath. Saltonstall,t for 
the court; and served by John Page, jr., J constable of Haver- 
hill, by attachment of a piebald mare. Bond of John Griffing.f 

Tho. Woodbridge's bill of cost, IH. lis. 8d. 

John March, aged about twenty years, testified that he 
went in behalf of Woodbridge to Haverill to collect some debts, 
and upon demanding 81i. of John Griffin, the latter owned it 
but said that Woodbridge owed him something for "ferrigh." 
Sworn June 24, 1678, before Jo. Woodbridge, J commissioner. 

Order, dated Sept. 15, 1677, given by John Griffing,| to Mr. 
Tho. Woodbrig, to pay Goodman Gilde four or five pounds in 
goods and he would satisfy him by Goodman Sturlin. Samuel 
Gild'st receipt, dated Oct, 3, 1677, to Tho. Woodbridg for 
51i. Wit: Edward ColcordJ and Henry Jaques.J Owned 
by John Grffin and that he promised to pay in English and 
Indian corn, 23:- : 1677, before Nath. Saltonstall,t com. 

John Griffin, Dr., Apr. 3, 1677, to 5 l-21i. tobacco, 3s 8d.; 
salt, 5s.; 201i. cotten wool. Hi.; callico & fruite, 7s. 6d.; 4 
knives, 3s. 6d.; hooks & cotten, 4s.; paid Goodman Guile, 
51i.; 3 yds. canvis, 9s.; charges to ye Constable, 6s.; total, 
71i. 18s. 8d. Cr. p 1 hogg received, 15s. 

*Writ: Tho. Woodbridge of Newbery v. William Kneff; 
debt; dated Nov. 6, 1678; signed by Nath. Saltonstall,t for 
the court; and served by Jno. Page,t constable of Haverhill, 
by attachment of house and land of defendant. 

Thomas Woodbridge's bill of cost. Hi. 12s. 

Order, dated May 2, 1678, given by William (his mark) 
Kneff to John Williams to pay to Mr. Thomas Woodbridge 31i. 
4s. in staves or "expect farther trouble." Wit: Samuell 
LadJ: and Laurence Hart.J Sworn, Nov. 25, 1678, before Jo. 
Woodbridge,! commissioner. 

William Kneff, Dr., Mar. 28, 1678, to 2 yds. hoUand, lis.; 
stokins, 9s.; 2 Hatts p Jno. Adkinson, 9s. 8d.; Thread & 
Cotten, 8s. 9d.; 17 1-2 pd. sugar, 10s. 4d.; cotten wooll, 15s. 
3d.; 31i. 4s. Sworn in court. 

tWrit, dated 19 : 9 : 1678, signed by Hilliard Veren,t for 
the court, and served by Henry Skerry, t marshal of Salem, by 
attachment of land on which his house stands. 

t Autograph. 



132 SALEM QUARTERLY COURT [NoV. 

Giles Corey v. Robert Moulton. Defamation, Withdrawn.* 

Bartholmew Gale's bill of cost, Hi. 4s. 

Edmund Batter, aged about seventy years, deposed that 
about seventeen years since, the town ordered that a piece of 
common land should be sold in small parcels to accommodate 
men who had no land in town to build upon. Robert Lemon 
bought a piece, not for himself but one of his relatives, of the 
selectmen, as did many others. Sworn in court. 

At a meeting of the Selectmen the 6:4: 1662, present, Maj. 
Hathorne, Mr. Browne, Mr. Corwin, Mr. Price, Sarj. JPorter 
and Hen. Bartholmew, "laid out by the Select men according 
to a former order of the Towne of the land lying betwene the 
way and the coue that goeth to the Neck To Rob*^ Lemon 
a house lott con* five pole alonge by the way and five pole 
next the coue lying before Edv/ard Wollans house for w''*' he 
is to pay five pounds." At a meeting on 24 : 1 : 1662-3, pres- 
ent, Majr. Hathorne, Capt. Corwin, Mr. Price, Mr. Batter, 
Geo. Gardner and Hen. Bartholmew, "Granted to Hen"" West 
a bill to Rob* Lemon for five pounds dew to him for his wages 
for ringing the bell & looking to the meting house for the year 
past." At a meeting on 22 : 10 : 1663, present, the same as 
the foregoing, "to Cap* Corwin a bill to Rob* Lemon for hue 
pounds for Hen"" West." Copy made from the Salem town book 
of records, 19 : 9 : 1678, by Jno. Higginson,t recorder to the 
selectmen. 

Copy of the will and inventory of the estate of Robert Lemon 
made by Hilliard Veren,t cleric. 

Katharin Roots, f aged about sixty-two years, deposed that 
Bartholmew Gale now dwells upon the land that Robert 
Lemon, deceased, bought of the town for his daughter 
Martha, wife of said Gale. After Gale's wife died, there was 
an agreement made whereby Gale paid Lemon for the land. 
Sworn 28 : 9 : 1678, before Edmund Batter,! commissioner in 
Salem. 

William Browne, aged about sixty-nine years, deposed that 
about seventeen years ago Gale built a dwelling house upon 
the land and fenced in the lot, and deponent, Maj. Hathorne 
and Mr. Batter laid out the lots. Sworn in court. 

Bond, dated July 1, 1663, given by Bartholmew (his mark) 
Gale of Salem, fisherman, for three pounds in cod fish, to Rob- 
ert Lemon for the use of Benjamin Lemon, so called, the child 
of Gale's late wife. Wit: Hillyard Verenf and Samuell 
Archard.f Sworn in court. 

*W>it: Gils Cory v. Robart Molton; defamation, for saying 
that he stole several bushels of apples from him; dated 18 : 9 : 
1678; signed by Hilliard Veren,t for the court; and served by 

t Autograph. 



1678] RECORDS AND FILES 133 

Michaell Farly v. Mr. Christopher Lattamore. Debt. 
Nonsuited.* 

William Dounton acknowledged judgment to Mr. Phillip 
Cromwell. t 

John Lee acknowledged judgment to Phillip Fowler. J 

Mr. Riddan had his former license renewed for the year en- 
suing. 

Nehemiah Grover, Humphry Woodbery, jr., Richard Patch, 
Jonathan Biles, John Richards, Robert Bradford and John 
Patch took the freeman's oath. 

Elias Henly was appointed administrator of the estate of 
Edward Vinton and brought in an inventory. § 

Henry Skerry, 1| marshal of Salem. Bond of Robert Moulton,|| 
with John Phelps, || as surety. 

Roberd Moltin's bill of cost. Hi. 10s. Id. 

*Writ, dated Nov. 8, 1678, signed by Robert Lord,l| for the 
court, and served by William Woods, 1 1 constable of Marbellhead, 
by attachment of house of defendant. 

fBond, dated Nov. 20, 1677, given by Will. Dounton^ of 
Salem, carpenter, to Mr. Phillip Cromwell of Salem, slaughterer, 
for 151i., giving his dwelling house and land as security. Wit: 
Samuell Williams || and Hilliard Veren, sr.|| 

J Bond, dated Mar. 24, 1677-8, given by John Leei|, to Phil- 
lip Fouler, for 31i. Is. 6d. in silver, it being a bill that Esayas 
Wood gave to Daniell Hovy in his behalf about one year since. 
Wit: Joseph Lee,|| Richard Dole|| and Samuel Wood.]] Sworn, 
Nov. 25, 1678, before Daniel Denison.|| Phillip Fouler's|| 
receipt, dated 24 : 7 : 1678, to John Lee. 

§ Inventory of the estate of Edward Vinton, taken Oct. 17, 
1678, by Samll. Ward|| and John Chin,|| and allowed, 29 : 9 : 
1678, in Salem court: one old shirt and an old paier of whitt 
drawers, 5s.; 1 paier of whitt drawers, 1 paier of blue ditto and 
1 whiett wastkoat, 9s.; 1 Cloth Coat and a sarg paier of 
briches. Hi. 4s. ; 1 paier blue drawer, 18d. ; 1 sarg wastkoat, 5s. ; 
1 sash at 9d.; 5 neckloths, 6s.; 1 paier of old boots, 5s.; 2 paier 
of shooes, 5s.; 1 paier of old stokins, Is.; 1 old Coat, westkoat 
and briches, 6s.; 1 paier of wosted, 1 paier of yarn stokins, 2s.; 
1 old rugg, pillow and an old Cap, cloth coat, 6s.; 2 parsells of 
old liens, Is. 6d.; 1 bibl and 3 other books, 6s.; hatt, 10s.; 1 old 
hatt and Cap, 3s.; 1 old Chest, 3s.; mony, 9s.; 1-2 kentel 
refuse fish, 5s.; total, 51i. 13s. Due from Elias Henlie for boats 
hier this last Sumer, 41i. 17s; half of a shallop bought of him 
to pay the next spring, lUi. ; so much for mackerell in John 
Meritt's hand. Hi. 8s. Debts due: to John Farbuish, 41i. 10s.; 

II Autograph. ^ Autograph and seal. 



134 SALEM QUARTERLY COURT [NoV. 

Mr. Wm. Browne, Mr, Edmund Batter and Mr. Bartholmew 
Gedney, chosen commissioners of Salem, took the oath. 

Allen Bread made an addition to his brother's, John Bread's, 
inventory and it was allowed, and court being informed that 
there were three children of deceased surviving, he was ordered 
to appear at the next Ipswich court for a distribution of the 
estate.* 

to same, Hi. 6s.; to Richard Knott, 15s.; to John Buckle^'', 2s. 
6d.; to Christopher Latimor, 21i. 5d.; to Elias Hendey, 41i. 
14s. ; by Geo. Michell, 4s. ; by Mathew Salter, 2s. 

*Copy of inventory of John Bread's estate, allowed in Ips- 
wich court, Sept. 24, 1678, taken by Thomas Fuller and John 
Newhall: a load of hay & other things. Hi. 5s.; one horse, 
21i. 10s.; two oxen, 71i.; 4 cowes, lOli. 10s.; young cattle, 51i. 
5s.; swine, 31i. 10s.; sheepe, 31i. 14s.; the ferj'' piece of land, 
451i. ; house and ten pole of land, 351i. ; 16 acres of land in Rumly 
marsh, 741i.; 10 acres in hows neck in rumly marsh, lOli.; 
12 acres bought of John Haucks, 61i.; a part in a boate, 131i. 
10s.; English corn, 21i.; Indian corn, 21i.; weareing clothes, 
61i. 12s; lining, Hi, 7s. ; bedding, 71i. 10s.; hatts, 12s.; armes 
and bootes. Hi. 8s.; two silver spoones, 15s.; pewter, Hi. 12s.; 
kettle & pott & skillet. Hi. 5s.; lumber, 61i.; pot hangers 
& spit & chamber pot, 5s.; other things. Hi. 15s.; total, 
24911. 17s.; more, in coverlids & blanketts and bed, 71i. 13s.; 
lining, 51i. 2s.; Iron things, 21i.; pewter, Hi.; other things, 7s.; 
cloth, 16s.; a pillion cloth, 5s.; pressing Iron, 2s.; chaires, 7s. 
Debts: to the nurse, 21i. 15s.; the docter. Hi. Is.; John 
Daves, 17s.; John Tarbox, 6s.; Goodman Mechham, 2s. 4d.; 
Mr. Nowell of Boston, 9s.; Thom. Ivory, 61i.; Samuell John- 
son, 21i. 10s.; Clement Coldam, 8s.; Allen Bread, lis.; Allen 
Bread, 9s.; Timothy Bread, 9s.; Samuell Hart, 3s.; total, 201i. 
14s. lOd. 

Added to the inventory, by Joseph Armitagef and John 
(his mark) Newhall: 15 barel of Indian corn. Hi. 10s.; 3 
bushel of Ri, 10s.; 10 Cord of wood, Hi. Debts: to Ambros 
Gale, Hi. 5s.; Nathanel Kirtlan, 5s.; William Craft, 5s. 

Copy of agreement, dated Sept. 24, 1678, between Allen 
Bread, jr., and Sarah Bread, widow, that the widow should 
give up all her interest in the estate of her husband, John Bread, 
in consideration of 401i. to be paid as follows: two oxen, two 
cows, a sow and five pigs, twenty bushels of Indian corn at 
2s. per bushel, six sheep, two lambs, twenty pounds of sheep's 
wool, a yearling steer calf, and 201i. in silver to be paid in four 
years, five pounds a year, she to have what she brought to her 
husband upon marriage, also six loads of hay at the Island in 

t Autograph. 



1678] RECORDS AND FILES 135 

John Procter, complained of for selling cider and strong 
waters to Indians, was convicted of selling a quart and fined. 
John Parker was also jSned for selling cider to Indians^* 

Rumly marsh. Wit: John Fuller, Nathaniell Ballard and 

Joseph Bread. .,.■,•,. ^- i + 

*Gils Cory and John Parkar testified that some time last 
spring they came to John Procter's house and saw an Indian 
lying there drunk with a pot of cider beside him. The Indian 
asked deponents to drink and they did and it was cider. Sworn 

^° Abmm Walcot and John Parkar deposed that Indians oame 
into Proctor's house, called for cider, and paid for one quart 
to Procter's wife. She also sold a gill of liquor and took a pawn 

for it. Sworn in court. .^ . .. . r^ j -f o « 

Goodwif e Cory and John Parkar testified that Goodwife Proc- 
tor told them last spring that she had sold 2s. 6d. worth of cider 
to one Joseph, an Indian, this spring and asked said Cory to let 
her have the money she owed the Indian for baskets. Deponent 
paid Procter's wife half a crown in money, and she said she 
might as well let them have drink as other folks. Sworn m court. 

John Gloid, aged about twenty-five years, testified that he 
dwelt in the house of John Prockter since the last of July, 
1678 and there had been no kind of strong liquor sold m that 
house, and Elizabeth, daughter of John Prockter, had drawn 
the cider and liquor. Sworn in court. ■, , u ^■ 

Elizabeth Procter, aged about sixteen years, deposed tnat 
she had been the drawer of liquor for her father for several 
years and for the past year no rum or brandy had been sold. 
She kept the key to the cellar. Sworn m court. 

Benjamin Procter, aged about eighteen years, son ot John 
Procter, testified. Sworn in court. „ , ^ t u 

Robert Lord, marshal, affirmed that he had called at John 
Proctor's house for liquor and could get none, etc. Sworn in 

John Phelps, aged about thirty-six years, deposed ^ that he 
having frequent occasion of coming to John Procter s house, 
etc. Sworn in court. ^-r- ■, a 

John Pudney, aged about forty-two years, testified, feworn 

in court. . , ^ 4^-c a 

Benjamin Prockter, aged about eighteen years, testified 
that John Prockter's wife gave a couple of pots of cider to John 
Parker and he sold it to an Indian. Sworn m court. 

Mary, wife of Zachary Marsh, aged about thirty years, de- 
posed. Sworn, 28 : 9 : 1678, before Edmund Batter,t commis- 
sioner in Salem. ^ r j. 4-u ^ 
Zerubabbel Endecott, gentleman, aged about iorty-three 

t Autograph. 



136 SALEM QUARTERLY COURT [NoV. 

. Andrew EUet was allowed clerk of the writs for Beverly. 

Mr. Richard Knot had license granted to sell strongwater at 
retail only to his own fishermen [belonging to his boat or con- 
cerned in the voyage. — Waste Book.] 

John Legg, Mr. Ed. Batter, Capt. George Corwin, Capt. 
Price, Mr. Wm. Browne, sr., Mr. John Hathorne, Mr. Bar- 
tholomew Gedney, Mr. John Ruck, Capt. White, Ambross 
Gale and Mr. John Turner had licenses granted to retail strong- 
waters for the ensuing year. 

EUenor Hollingworth had her license renewed, also Mr. 
King, Mr. Ridan, Mr. John Gedney and Capt. Marshall. 

Leift. Jeremiah Neale with other of the children of Robert 
Buff urn, petitioning for a settlement of the estate of their father 
Buffum who died intestate, court ordered that all the houses 
and lands be bound for security for the children's portions. 
The next Salem court was to proportion the estate according 
to law unless in the meantime all persons concerned mutually 
agreed about the division of the estate.* 

years, deposed that he had several times been sent for when 
Indians had been at Procter's the past year, and they had no 
liquor in the house, or they would have given him a dram. 
''I observed always good order in the house. I fear its out of 
111 will mor than matter." Sworn, 28 : 9 : 1678, before Edm. 
Batter, t commissioner in Salem. 

George Lockhartt, aged about twenty-one years, and Ben- 
jamin Procter, aged about eighteen years, deposed that they 
both dwelt in John Procter's house in December, 1677, and one 
night John Parker came in at an unseasonable time with a wood- 
en bottle full of rum and drank from it so much that he was 
drunk. Sworn in court. 

Benjamin Prockter, aged about eighteen years, deposed 
that Abraham Walkott being at the house of his father John 
Procter about a month ago, the latter's wife asked him why he 
said she sold liquor to the Indians. Walkott disowned it and 
if he swore to that, he would swear to a devilish lie. Eliza- 
beth Prockter, aged about sixteen years, testified to the same. 
Sworn in court. 

George Lockhartt, aged about twenty-one years, testified 
that he was a dwelling servant of John Procter's in 1677, and 
drew the liquor out of the barrel and put it in a runlet. Eliza- 
beth Procter had drawn the hquor for three years to his 
knowledge. Sworn in court. 

* Petition of Robert (his mark) Wilson, John Hill,t William 

t Autograph. 



1678] RECORDS AND FILES 137 

In answer to a petition of the selectmen of Newberye, they 
were given liberty to build a sufficient firm and safe bridge and 
agree with somebody to build it at as low a price as they can 
at the town's charge. Court allowed that everyone who came 
over the bridge should pay one penny for a single person and 
threepence for a horse and man, the town to have the tolls until 
the county takes the bridge into its care. If the county takes 
it, the town was to be allowed the value of the bridge. 

Hanna Adams accusing Joseph Mayo to be the father of her 
child, he and his sureties, Mr. Tho. Woodbridg, Hugh March 
and Samuell Ceding, were ordered to pay her from the time of 
the child's birth to Ipswich court next, for its keeping, that is 
20s. to Abraham Adams.* 

Beanest and Jeremiah Neale,t children and heirs of Robert 
Buffum, deceased, that they might have their share of their 
father's estate, Tomazin Buffum, relict of said Robert Buffum, 
the administratrix, having "Disposed of the same according to 
her fancie or affection led her, or else keepeth y'' same still in 
her hands." 

Mary Buffum, alias Mary Neale, aged about thirty years, 
deposed that she tended her father throughout his last sickness 
and several times she heard her mother ask her father to make 
his will. He seemed to take little notice but just before his 
death she desired him to give their son Caleb some larid 
in the north field of Salem, which he would not do but said 
he would have his son Joshua have a double portion. For the 
rest of the children he would make no difference, for they were 
hers as well as his. Sworn, Nov. 25, 1678, before Bartho. Ced- 
ney,t commissioner. 

*Joseph Mayo, on May 14, 1678, was brought before Jo. 
Woodbridge,t commissioner, charged by Jacob Adams, with 
being the father of the child of Hannah Adams, his sister. 
He denied it and on June 19, 1678, Adams gave bond to pros- 
ecute at the next Ipswich court, and Mayo was committed to 
prison. 

Mary Higginson deposed that Joseph Mayo came to her bed, 
etc. Affirmed, "she did not sweare this for she sayd she never 
took an oath & knew not what belonged to an oath," before 
Jo. Woodbridge,t commissioner. 

Isaac Adams, aged about thirty years, testified that Joseph 
Mayo was going along by his father's house and Mayo said 
he was going to Tho. Thurleyes and he desired deponent to 
carry sister Hannah to said Thurleyes. 

t Autograph. 



138 SALEM QUARTERLY COURT [NoV. 

Jeremiah Jewett and Nehemiah Jewett were appointed ad- 
ministrators of the estate of Mr. Edward Carleton, who was 
formerly of Rowly, and were ordered to bring in an inventory to 
the next Ipswich court.* 

William Hollingv/orth dying intestate, administration upon 
the estate was granted to Elenor, the relict, who brought in 
an inventoryt of the estate to which she made oath. The 
estate being debtor to several persons for more than the in- 
ventory amounts to, court ordered that all creditors bring in 
their amounts to Mr. Ed. Batter and Mr. Wm. Bowditch of 
Salem, who were to make return to the next November court 
held at Salem. 

Robert Cam, aged about nineteen years, deposed that he 
told Hannah Adams the Sabbath day before Jo. Mayo came 
in that he heard Jo. Mayo was taken by the Turks and asked 
what would become of her, if what people said was true. She 
laughed and said it was not true, etc. Sworn, May 27, 1678, 
before Jo. Woodbridge,t commissioner. 

Anne Thurley, aged about forty-four years, deposed that 
she was present when the child was born, about six weeks ago, 
and she persuaded Goodwife Dole, the midwife, to tell the 
father, etc. Constance Moores, aged about twenty-seven years, 
deposed the same. Sworn, Nov. 22, 1678, before Jo. Wood- 
bridge,! commissioner. 

*Petition of Christopher BabbadgeJ and Hannah Babbadge,!: 
his wife: "that whereas M"" Edward Carlton, sometime of 
Rowley Left an estate in New England when he went out of 
the Country: part of which hee sending his son John Carlton 
by vertue of a Letter of Atturney did receive in his Behalf: 
wee Conceiuing that there being some of his estate unreceiued 
by his sayd son, desire that this flonoured Court would appoynt 
some of our Relations Jeremiah Jewett or Nehemiah Jewet 
or both to be Administrators to the estate of the said Mr Ed- 
ward Carleton, that If anything may be pserued it may be 
forth Comeing to the children of the said Hanna Relict of the 
said John Carlton, deceased the only Heires to any such es- 
tate (as we Conceiue) or as authority shall dispose of it." 

fAccount of what debts of my husbands William Hollings- 
wood I Elenor Hollingwood have paid since his departure out 
of my wone labor not diminishing his Estate, but makeing use 
of other mens Estate wch I was trusted for and am In debt 
for most of it still: To Mr. Thomas Kellon, 191i. 18s.; Math- 
ew Nickson, for a hogsd. of Tobacco my husband had of him 
& for his wages to Virginea being arrested, 121i. ; to Hugh Wood- 

J Autograph. 



1678] RECORDS AND FILES 139 

Mathew Salter renounced his executorship of the estate of 
Ann Condy, and court appointed Mathew Salter, Samuell 
Read, Thomas Tainer and John Hooper administrators of the 
estate according to inventory brought in.* 

berry, for his wages to Virginea with my husband, I being 
threatened to be arrested for it, 31i. 3s.; to Mr. Edmund Batter, 
debt of my husband's, 201i. 18s.; to Mr. Heman of Charles- 
towne, for a debt of my husband's being arrested, 91i. 13s.; 
to John Becket, ship carpentry work due from my husband, 
IH. 16s.; total, 67H. 8s. 

Inventory of the estate of Mr. William Hollingwood, taken 
Aug. 29, 1677, by Joseph Grafton and Thomas Gardner, sr., 
house and land was mortgaged to Mr. Phillip Crumwell; one 
bed, one Blankett, one Coverled, one Bolster & Bed steed & 
Curtains, 5H.; one cubbard & 2 Tables, 2s. lOd.; five Leather 
Chaires, Is. 5d.; Six old chaires, 10s.; one chest, 18s.; Seven 
framed pictures & 2 Boxes, 9s.; one paire of Andirons & one 
Warming pan, 5s., all in the best room; in the kitchen, 2 Ket- 
tles & 3 skilletts, 21i. 10s.; 2 potts, 5s.; 2 paire of scales, one 
skimmer, a Basting Ladle & forke and Leaden weights, 10s.; 
6 pewter platters, 4s.; 2 plates, one candlestick, 3 qrt. potts, 
2 cupps, 2 Basons & salt, 10s.; one Jack & 2 spitts, Hi.; 2 paire 
of Tongs, one paire of Andirons & fire pan, 8s.; one Fryeing 
pan, 2 hakes & a gridd Iron, 10s.; one morter & pestell & 1 doz. 
of Trenchers, 5s.; one paire of Bellowes & a smoothing Iron, 
3s.; one Table & Forme, 5s.; in the chamber above, one feather 
bed, one paire of Blanketts, 31i. ; one flocke Bed & Bolster, one 
Blankett & one old Rugg, Hi. 5s. ; 2 Bed steeds, a Table & one 
chest & settle, Hi. 5s. ; in the other chamber, one feather Bedd, 
Bolster & pillow, one Blankett, Bedsteed & Curtaines, 61i. ; one 
coverled & one cubbard, 21i. 10s.; one Table & 3 green chaires, 
15s.; 3 Trunks & a chest, Hi. 10s.; A looking glass & Trundle 
Bedsteed, Hi.; 4 paire of sheetes & one sheete, 51i.; 4 paire of 
old sheetes. Hi. 5s. ; 4 paire of pillowbeers, Hi. ; 3 Table cloathes, 
2 cubbard cloathes, eleven Napkins, Hi. 15s.; 13 Napkins & 
10 Towells, Hi.; one paire of pistolls & holsters, 2 Rapiers & 
2 Belts, 161i.; one saddle. Hi. 5s.; 3 Carpetts & one Little one, 
Hi. 4s.; A Blacke suite & cloake, 51i.; one pair of drawers, one 
Wastcoate & Boote hose Topps, 18s.; in the Brew house, the 
Copper & Brewing Tubb, 201i. ; a Fowling peece & sword. Hi. 
10s.; things forgotten & after Entred, 251i. 7s.; A port mantle; 
2 chamber potts & a dripping pan, Hi.; total, 92U. 9s. 

* Will of Ann (her mark) Condy, dated Oct. 9, 1678, and proved 
by John Hooper and Elizabeth Briers: "being in her right 
sencis hath giuen to her sister willmet Red on great Iron pot 
more giuen to Christian Hooper on puter platter and on 
I |puter| [plater to her daughter Elisebeth Hooper more giuen 



140 SALEM QUARTERLY COURT [NoV. 

Court referred the hearing of the presentments now brought 
in to the Worshipful Major Wm. Hathorne and the commis- 
sioners of Salem jointly together. 

to Elisebeth Tainner twenty shillings in mony more twenty 
shillings in mony to her daughter Elisebeth tainner more three 
puter platers and all her waring close more ten shillings to 
Elias tainner more ten shillings to Josias Tainner more ten 
shillings in mony to ann tainner more ten shillings in mony 
Joanna tainner more ten shillings in money to thomas tainer 
to be payd when Christopher hoxabel pays his last payment 
concering the house hee bought more giuen to John Hooper 
ten shillings in mony more to his son John hooper a puter 
cup to Elisebeth tainer a brase cellet and a candel stick and 
a puter cup and a becer to John hooper children a puter por- 
inger a pice more two poringer to Sarah pick and mathew 
Salter is to fulfill these things and pay the depts and to Receue 
what is du I giue him full power and take all what is left." 
Wit: Elisebeth (her mark) Briors, Sarah (her mark) Pick. 

Amount of Samuell Condes depts: to Mr. Jon. Swett at 
Boston, IH. 12s. 9d.; Docktar Wells at Salem, lU. 10s.; Rich- 
ard Knott of Marbld, 15s.; John gathell of marblehd, 10s.; 
John Furbush of Marblehd, 10s.; Mr. Roods of Lin, 6s.; John 
Waldron of Marblehd, 4s.; wt was layd out in burling good. 
Conde, 2H. 3s. 4d.; total, 7H. lis. Id. To Peter Bouler of 
Ipswich, 15s. 

Inventory of the estate of Ann Condy, widow, taken by 
John Legg* and Thaddeus Riddan*: a dwelling house and 
two thirds of a garden with the priviledge belonging thereto, 
251i.; one small outhouse, 121i.; A Barne with some hay & 
2 old barels in it, 51i.; One cowe, 3H., 3 bus. Indian & 1-2 bus. 
Rye, 7s., 31i. 7s.; a silkegrass bed & 2 small old Ruggs, 16s.; one 
pr. blanketts, 7s., 2 pr. old sheets, 6s., 13s.; one bolster & case 
with 3 silkgrass pillowes, 12s.; three curtains & one valiant 
old, 4s.; two old bedsteads, 7s., 1 Table & forme 7s. 6d., 14s. 
6d.; two iron potts & one iron ketle, Hi.; one trammell, 2 pr. 
pothooks, one spit & 2 old Lamps, 7s. 6d. ; one old boxe & one 
old chest, 5s.; one chest & a warming pan, 12s.; one old coat 
& 1 pr. breeches, 7s.; Three pewter dishes & 5 porringers, 10s.; 
dripping pan, one quart pot, one pt. pot & 1 cup all old, 5s.; 
six earthen-dishes & 2 milke pans, 2s. 6d.; brass skillett, one 
pitcher, 2 earthen pots, 4s. 6d. ; small old table and old chaire, 
4s.; A sowe in the woods, 9s.; 4 gall, molasses, 4s. 6d., 1 axe 
& 2 old pails, 4s., 8s. 6d.; 1 cord wood, 7s., 1 parcell cabbage 
sold for 5s., 12s.; A barrell & 1 old leather cushion, 3s. 6d., 
3s. 6d.; fire shovell and tongs & beetle, 2s. 6d., 1 pr. bellows 

*Autograph 



1678] RECORDS AND FILES 141 

David, Mr. Pilgrim's "neager" man, and Judeth, Capt. 
More's "neager" were sentenced to be whipped for forni- 
cation, the man ten stripes and the woman five, or pay a 
fine. They paid the fine.* 

Edmond Bridges, presented for suspicion of swearing falsely 
was admonished. t 

& fleshfork, 2s. 6d., 5s.; two old pewter dishes; 2s., 1 old spin- 
ning wheel, 2s. 6d., 4s. 6d.; one wescoat sold to Sarah Trevy, 
8s.; total, 541i. 14s. 6d. 

* James Powland, aged forty-six years, deposed that several 
times he had seen David Geffard in Capt. Richard Moares 
yard when he had occasion to go there. Capt. More testi- 
fied that he had forewarned David several tim.es about coming 
to his house. 

tWarrant, dated 29 : 9 : 1678, signed by Hilliard Veren,| 
cleric, and served by Jno. Norman, f constable of Salem, v/ho 
made Isack Cooke his deputy to summons Samuell Ebberns. 

At a commissioners' court at Salem, 12 : 9 : 1678, Edmond 
Bridges made oath that his absence at the last commissioners' 
court was not out of willful contempt but through infirmity 
of body, and his fine was remitted. 

Samll. Eborne, sr., aged about sixty-eight years, deposed 
that going to Marblehead to Capt. Smith's farm where Michaell 
Bowden lives, Edmond Bridges, sr., and Franc Nurce came 
riding on their horses, etc. Sworn, 27 : 9 : 1678, before Edm. 
Batter,! commissioner. 

James Smith, aged fifty-six years, deposed that Bridgis 
said he was loth to leave the company of Francis Nurs, and 
he had been to the commissioners' court, etc. Deponent 
met with Joseph Gatchel at Forest river bridge and bade him 
tell any one who inquired for him that he had gone to Bayly's 
to drink sack, etc. Sworn, 27 : 9 : 1678, before Edm. Batter,| 
commissioner. 

Isack Cooke, aged about thirty-eight years, deposed that 
standing in the entry at Mr. Gedney's by the stairs, he saw his 
brother Henry Cooke coming with some goods tendered by 
him to satisfy a judgment granted Thos. Cooper, and as he was 
going in to said Cooper in the parlor. Bridges in a violent man- 
ner shut the door upon him, etc. 

Charles Knight, | aged about thirty-five years, testified 
that the Tuesday after their last training and trooping in 
Salem, etc. 

Joseph Gatchell, aged about twenty-six years, deposed that 
he met Bridges on horseback with Mickall Bouden on the same 
horse, just by the brook beyond the south field next to John 

t Autograph. 



142 SALEM QUARTERLY COURT [NoV. 

Joseph Kemboll chose Walter Feirefeild as his guardian. 

Mr. Timothy Woodbridg of Newberye, a master of arts, 
was licensed to practice physic and chiriugery by this court. 

James Browne was allowed 4s. for searching out Bethiah 
Gatchell. 

The will and inventor}-* of Joseph Parker of Andever were 
proved and allowed. 

Homes' house, etc. Mathew Barton testified to the same. 
Sworn, 27 : 9 : 1678, before Edmond Batter,! commissioner. 

Tho. Couper and Will. Adams testified that Edmond Bridges 
was their attorney and they had a private room at Gedney's 
to transact some business. Henry Cooke forced his way in 
and Bridges put him out. 

Isacke Cooke, aged about thirty-eight years, testified that 
Henry Cooke's wrist was bruised so that the skin was bro- 
ken, etc. 

John Cooke, aged about thirty years, testified. Nicholas 
Devrill deposed. 

*Will of Joseph (his mark) ParkerJ of Andover tanner, of 
''great age," dated Nov. 4, 1678, and allowed, 26 : 9 : 1678, in 
Salem court: "Imp: I giue unto my dear and louing wife Mary 
Parker my dwelling house and house lott, with all my house- 
holdstuf , and what parcel of meadow lying upon the mill River, 
and two of my best Cowes allsoe that land I haue in Shawshin 
feild, expecting she should out of the same prouide for my son 
Thomas, m^^ second son, whoe by gods prouidence is disinabled 
for prouiding for himself, or managing an estate if Committed 
to him by reason of his distemper of mind att certaine seasons. 
I doe allsoe will and require my s*^ son Thomas to be obedient 
to his mother and any of her sons she shall imploy about her 
business, in y^ managing her husbandrie affaires and this 
abouesd giuen to my wife is during her naturall life, and after- 
wards to returne the one half to my son Stephen, my meaning 
is the one half of the upland (viz.) y^ northerly part of the s"^ 
lott, leaning my household stuf to be disposed of by my wife 
att her diseas among her children as god shall direct her the 
easterly part of y^ s'^ lott and that land in Shawshin feild, to 
goe to my son Thomas, and to be improued for his livelihood 
either by himself, or those he shall make choise of for his 
guardians but not to be alienated by him, but after his decease, 
prouided he dies without issue, then to returne to my son 
Samuell, my dwelling house hortyard barne and ground about 
y^ mill, I giue to my son Josep after his mothers deceass, and 
allsoe y^ abousd meadow upon y*' mill riuer. 

"It. I giue unto my son Joseph, my grist mill with all y^ 

fAutograph. t Seal. 



1678] RECORDS AND FILES 143 

priuiledges belonging to it, alsoe fourty acres of upland lying 
on y^ southeasterly end of y^ great pond, with ten acres of 
swamp land adjoyning to it, alsoe all my interest in a meadow, 
Called shoe meadow, and another parcell of meadow, called 
y^ bounds meadow, allsoe threescore acres of upland which 
1 have yett to take up. It. I giue to my son Stephen my last 
diuision of upland and meadowe y'' upland containing eight 
score acres, threescore acres of y sd diuision of upland, is that 
aboue mentioned, giuen to my son Joseph this s"* diuision of 
meadow being ten acres, allsoe two acres of upland lying by 
Haverill high way being part of my swamp Diuision. It. I 
giue to my son Samuell all my interest in a meadow Commonly 
Called millers meadow and allsoe ten pounds to be payd by 
my son Joseph five pounds, and by my son Stephen five pounds 
within a twelvemonth aftsr my decease, only I doe reserue 
two acres of y^ abouesd millers meadow for my son Joseph to 
be taken on which side he likes best. It. I giue to my three 
daughters Sarah Mary and Ruth ten pounds a piece to be payd 
by my Executor within four years after my decease. It. I 
giue to my dear wife all my estate in old England, that at Rum- 
sey, and allsoe any legacies that is left me by any frind there, 
to be disposed of after her decease among her children, as god 
shall direct her. It. I doe appoint my son Joseph to be my 
sole Executor: and to pay y'' legacies above exprest, and any 
of my estate which I may happily haue forgott either debts 
or otherwise, I giue to my s<^ Executor. It. I doe alsoe ap- 
point for my ouerseers my louing Brother Nathan Parker, and 
my louing freind Left. John Osgood alsoe my louing friends 
Henery Ingalls and Ensigne Thomas Chandler." Wit: Dud- 
ley Bradstreet* and Thomas Chandler.* 

Inventory of the estate of Joseph Parker of Andover, taken, 
Nov. 18, 1678, by John Osgood,* Henry Ingalls* and Nathan 
Parker,* and allowed 26 : 9 : 1678, in Salem court: beds and 
appurtenances, 121i.; househould vessells, a kettle, poots, 
peuter and woode, 31i.; books. Hi 10s.; spininge wheeles, tow 
com & chairs, 15s.; provision in the house. Hi. 18s.; corne in 
the house & barne, 201i. ; fouer catell, 1 cow, 2 three year oldes, 
one yearling, 121i.; swine, 61i.; corne mell, 201i.; dwelling 
house & barne, orchard & home lott, 681i.; 12 aker of unim- 
proued land about 6 acre, 121i.; 6 aker of land in shasheen 
Feelde, 121i. ; 50 akers of land by the ponde, 60h. ; 140 aker of 
land by the seder swampe, 701i.; 60 akers to bee taken up off 
the towne, BOli.; 6 aker of medow on the mell Reuer, 241i.; 
8 akers of medow in the mJUer medow, 321i. ; 9 akers of medow 
att the Ceder swampe, 271i.; 6 akers att Shew medow, 241i.; 
cartes, plows, plow Irons, chains, yokes & other takling, 41i.; 
carpenders tooles, axes, wedges, betell Rings, sith, how, sixells, 

* Autograph. 



144 SALEM QUARTERLY COURT [NoV. 

The will* and inventory of John Brimblecom were proved 
and allowed. 

Edward Bodie dying intestate, Erasmus James was ap- 
pointed administrator, and brought in an inventory.! The 

31i. ; armes, guns, swords, 21i. 10s.; a cow hide, 12s. 6d.; an 
estat in lands in Inglande, lOOli.; total, 54611. 5s. 6d. 

*Will of John (his mark) Brimbellcom, dated May 11, 1678, 
proved 29 : 9 : 1678, in Salem court: "my will is that what 
Estate is Lefte After my Deptes is paide that Tabitha my wife 
shall fully and wholly Inioj^e it for the Terme of Her Naturall 
Life Thirdly my will is That after The death of my sd : wife 
That my soon Phillipe Brimbelcom and his Children after Him 
shall Inioye the full and whole Estat that shee shall Leaue to 
saye my wife what is Leafte of what I Leave her fourthly my 
will is That my Execetors out of what Estat I Leaue shall paye 
to my too Daughters Richard Holman and mary Tucker as a 
Legaci Twenty shilings a peece. fiftly my will is that my wife 
Tabitha and my soonn Philipe bee jointe Excecetrex and Ex- 
ceceter of my whole Estate In Being By them To bee managed 
and Emproued as aboue further my will is That my Trusty 
frinds John Codner and John Leg Bee my ouerseeres of my 
Excetors for the Emprouement of The Estate according to 
this my will and Testament my will ffurther is that if my s'*: 
sunn Die without Lsshue that what is Lefte of my Estate after 
the death of my s'^: wife and sonne and his child or what 
Childrin he maye haue that it shall bee Equally diuided Be- 
twext my too Daughters Richard and mary." Wit: John (his 
mark) Codner and John Legg.| 

Inventory of the estate of John Bremblecom taken Nov. 12, 
1678 by Christopher NeckeJ and Thaddeus RiddanJ: one 
halfe of a shallop & Connue & what else belongs to ye half & 
boat, 151i.; one dwelinghouse, out house and land with ye priv- 
iledge belonging to it, 401i. ; one halfe of a servants time, 51i. ; 
one bed filled with silke grasse with Rugg, Blankets, bedsteed 
& 2 pr. ould sheetes, 41i.; 3 Chests ould ones & ould barrells, 
8s.; one muskett, one houldbert, one Cutles, one swoard & 
Belt, 21i.; 4 potts & a small Kittle, Hi. 10s.; two pair pott 
hangers, two pair pott hooks, one fire shoovell & tonges, grid- 
iron, &c., 10s. ; pewter dishes, cupes & warming pann, 15s. ; Table 
& forme & a spitt, 10s. ; one frying pan & two ould Axes, 5s. ; 
three ould Chaires, two pailes, washing tubs, wooden Trays & a 
dresser, 6s.; wearing apparrell in all, 31i; one spining wheele, 
2s.; several lean swine, halfe a Cow & Calfe, 3s.; total, 761i. 6s. 

t Inventory of the estate of Edward Bodie lately deceased, 
taken Nov. 28, 1678 by John (his mark) Roads, sr., John 
Roades,! and Erasomus JamesJ: 1 carsy cotte & Brishes, 

I Autograph. 



1678] RECORDS AND FILES 145 

creditors were to be apportioned by Hilliard Veren, clerk, 
as far as the estate will go. 

Charles Gott was appointed administrator of the estate of 
Allexander Bravender, and made oath to an inventory.* 

Samuell and John Robinson, executors, brought in the willf 
of William Robinson, deceased, which was proved and inven- 
tory allowed before the Worshipful Maj. Gen. Denison, assis- 
tant, and Mr. John Woodbridg, associate. 

15s.; 1 capt cotte & Brishes, 12s.; 1 hatte, 2s 6d.; 2 ould pare 
of drayers and one wascotte, 5s.; 4 kintalls of refus code, 21i.; 
1 barill of mackrell, 16s.; total, 41i. 10s. 6d. The dettes of the 
deceased : to William gover for his buriall & chargdes opon 
him in his sicknes, 3H. 9s. 8d.; William gover for seaverall 
months dyett he hade, 51i.; William govers wife for washin 
of him fiften monts, 15s.; William gover for 4 codlines and 
two code leads. Hi.; for mony the said gover lent him, 3s.; 
Richard Knott, dockter, 13s.; total, llli. 8d. 

*Inventory of the estate of Alexander Bravender of Wen- 
ham, deceased Oct. 22, 1678, taken Nov. 19, 1678 by Thos. 
FiskeJ and John BatchelerJ: Beding, Hi. 3s. 6d.; two old 
skilits & working tools, 8s.; wearing cloathes, 31i. 9s.; three 
old barels, 2s. 6d., total, 51i. 3s. The estate debtor to Charles 
Gott: to ten weeks howse room & nursing in his sicknes 
before he dyed, 31i. 10s.; his funerall, Hi. 10s.; total, 51i. Out 
of his estate above mentioned he gave to our pastor, 5s.; to 
some others of his freinds severall things viz. one dubblet to 
John Fiske to Robert Mackclafflin an old stuff Cloake; to 
Alexander Tomson a paire of stockings; to Jno. Ross a shirt; to 
Alexander Maxey a Jacket & a paire of Britches, being all 
prized at 19s. 

fWill of William (his mark) Robbinson of Salem, dated Feb. 
9, 1676-7, and proved 29:9:1678, in Salem court: "Im- 
primis I giue and Bequeath unto my Son Joseph Robbinson 
who is now in the Barbados and whom as I heare, the Lord 
hath blessed with a liberall Competency for his outward Sub- 
sistance, & hath no child & his Brothers here haue each of them 
a greate charge, and want more help then he doth, upon wch 
Consideration, although he be my Eldest Son, yet I giue & 
bequeath unto him but Twelue pounds in Currant pay of ye 
Country; & that not to be paid him unless he comes in his 
owne person to demand it of y^ Executors to my Estate Item 
I giue & bequeath unto my daughter Sarah Newberry ffiue 
pounds in Courrant pay of the Country to be paid to her owne 
Self and to noe other, and for her owne peculiar use and ben- 
efitt & disposeall 

t Autograph. 



146 SALEM QUARTERLY COURT [NoV. 

Samuell Shattock, sr., and Samuell Shattock, jr., having been 
appointed Mar. 26, 1678 at Ipswich court administrators of 
the estate of Edward Wharton of Salem, glazier, and now 
presenting an administration granted to one George Wharton 
living in the Tower of London, brother to said Edward, under 
seal of the Prerogative Court of Canterbarie, which they 
lately received from England, and a letter of attorney having 
been received from said George, court ordered the estate here 
to be sent to England, they paying all the debts here in New 
England, and the administrators released. 

Edmond Bridges, complained against Bethiah, wife of Sam- 
uell Gatchell, in behalf of the King and country, informing the 
court that Bethiah had had two children in the absence of her 
husband, which she confessed were born by her husband's 
brother, Joseph Gatchell. She was sent to Boston goal to be 

"Item I giue to my Grand Child Tymothy Robbinson y^ 
sum of fforty Shillings in Currant pay of y® Country to be paid 
him at y*" one & Twentieth year: of his Age if it please god 
that he Hues so long And ffor Executo""^ to my Estat w*^^ I 
may Leaue at my decease, I doe now nominate & appoint, 
my Two Sonns Samuel & John Robbinson; Willing them to see 
this, my Last will performed, & also to defray the charge of my 
ffunerall and pay all just debts wch I may owe; and then 
for all the Remainder of my Estate Left, both ffor howseing, 
Lands in y^ Towneship of Salem, goods, chatties moveables & 
unmoveables, and all dues unto me belonging upon my just 
accompt whatsoever I giue and bequeath unto them my Said 
Two Sonns in equall shares to be devided between them & 
ffor there onely & propper use forever, and for theire disposeall 
as they may see good for y^ benefitt of themselues & theire chil- 
dren after them. In witness whereof I hereunto Sett mj^ hand 
& Scale y^ day & yeare abouesaid." Wit: Stephen Daniell* 
and Richard Croad.* 

Inventory of the estate of William Robbinson of Salem, 
lately deceased, "as it was shown to us by his sonns Samuell 
and John Robbinson," and taken Nov. 22, 1678 by Samuel 
Gardner, sr.,* and John Massej^:* an old Dwelling house and 
Barne with about Six Acars of Land and orchating uppon which 
the house stands, 40H.; another small Dwelling house with a 
barne and one quatar of an Acar of Land uppon which it stand 
and about Thre Acars of Land Nere adjoyning to it, 301i.; 
one Ten Acar Lott in the North ffeld, 351i.; about a quatar 
of an Acar of Moing ground, 51i. 

* Autograph. 



1678] RECORDS AND FILES 147 

tried at the next Court of Assistants. Joseph Gatchell was 
committed to Salem prison, but the next night he broke prison 
and escaped.* 

At a court held by the Worshipful Major Wm. Hathorne 
and the Commissioners of Salem, 10 : 10 : 1678: 

♦Nicholas Chatwell being at Barbadus the latter end of 
January last and in the house where the wife of Samuell Gatch- 
ell was with a child, deponent said that it was a pretty child, 
to which she replied that it was her brother Joseph Gatchell's. 
Sworn in court. 

Thomas Greenslade deposed that coming over m the vessel 
from Barbadus, he heard Bethia, etc. Sworn in court. 

Examination of Samll. Gatchell's wife: that she went to 
Barbadus to seek her husband with her brother-in-law Joseph 
Gatchell, through Newbery, as they went to take ship, etc. 

Samuell Gatchell said that he had not been in this country 

Papers in the actions, tried before the Salem commissioners, 10 : 10 : 1678, 
aU testimony sworn, 12 : 6 : 1678, before Edm. Batterif 

Charles Phillips, aged about forty-nine years, deposed that he saw Geyles 
Corie's wife, sometime m the last June, drunk upon the highway, and that she 
timibled off her horse several times, and was not able to go or stand. 

Benjamin Procter and Elizabeth Procter deposed that the next day bemg 
the Sabbath Goody Cory said that she had her drink at Edw. Bridges. 

Mary Gloyd, aged about twenty-one years, deposed that bemg m the milk- 
ing yard of Geyles Corie milking her own cow, she heard a noise Uke the tramp- 
ing of several horses coming toward her. She looked but could see nothing, 
and being startled went to the house the nearest way. Going over a pair of 
draw bars, she thought she heard the horses go tearing over before her. She 
told her story to John Parker, who said she was a simple woman to be affrighted 
for there was always a troop of horse about the milking yard, winter and sum- 
mer. 

BiU of cost, 21i. Is. lid. ^ , , , , j x, •■ 

John Moulton, aged about twenty-five years, deposed that he had heard 
Goody Corey swear several times by faith and troth. 

John Gloyd, aged about twenty-five years, Benjamin Procter, aged about 
seventeen years, and Ehzabeth Procter, aged near sixteen years, deposed that 
the night of the arbitration at Capt. Moore's about Geyles Corey's and Jno. 
Gloyd's business, John Parker was so drunk he could hardly go or stand. Also 
that John Parker's father-in-law Geyles Corey said m John Procter's house 
that Parker fell off his horse and had to be helped along. 

Benjamin Procter testified that Parker was so drunk in Salem that he could 
not go by his oxen, etc. , .,. . ., • i n n i. 

John Procter,! aged about forty years, and Benjamen (his mark) Procter, 
aged about eighteen years, deposed that making hay m then- meadow near 
Corey's house, they went into Corey's house at noon to smoke a pipe of tobac- 
co They heard Maiy Cory call the wife of John Pudney vile names, etc. 

John Moulton, aged about twenty-five years, deposed concerning John 

Martha Bates, aged about twenty-nine years, and Mary Moulton, aged 
about twenty-six years deposed. it,- /u- i \ 

George Lockhartt,t aged about twenty-one years, and Benjamen (his mark) 
Procter, aged about eighteen years, deposed that when there was a contest 

t Autograph. 



148 SALEM QUARTERLY COURT [NoV. 

between Giles Corrie and Robert Pease, jr., about a pair of fetters, John Parker 
said he went to Weanum and lost the fetters from his mare's neck. Later 
the fetters were found and Parker confessed that he sold them to Goodman 
Wooder of Wenum. 

Michell Combs, aged forty-six years, deposed that he never heard Cory's wife 
swear and he had had deahngs with her for about four years. 

George Booth, aged thirty-seven years, and Ales, his wife, aged about thir- 
ty-seven years, deposed that they had lived near neighbors to Mary Core 
for four years, and she had been as civil and orderly as any of the neighbors, 
had been very helpful in time of need and it was out of mere prejudice that 
she was now molested. 

John Herod, aged forty years, and Em, his wife, aged about fifty years, 
deposed that hving neighbors to Mary Corey, for about fifteen years, and never 
heard her swear or rail, etc. 

Anthony Needham, aged about forty-six years, and An Needham, aged 
about forty-four years, deposed that they had hved neighbors to Mary Cory 
for fifteen years, etc. 

Mary Cory, wife of Giles Cory, and John Parker deposed that they saw John 
Glide drunk and swearing by God and he wished that the ground might open 
and he might sink if the cow he brought was not the cow he brought from Jo- 
siah Sudreck's. 

Susanna Dutch, aged twenty-eight years, deposed that she had known Mary 
Cory sixteen years, etc. 

Caleb More, aged about thirty years, testified at Salem that he being with 
his father in Virgenia when he bought Mary, now wife of Gyels Cory out of a 
London ship, the whole ship's company gave her the character of an honest, 
civil woman. Neither in coming home in the ketch nor while she lived with 
his father or since, had he ever heard her swear, see her overtaken in drink or 
speak reproachfully of any of her neighbors or of anybody else. Also he never 
heard anybody else say such things of her. 

Petition of Mary, wife of Giles Core, and of John Parker: "hauing of late 
ben uniustly molested by some of our neighbours to our great damage and 
defamation our case hauinge ben heard and Judgment giuen our innocency 
appearinge we ar clearely acquitted of such accusations as were uniustly layd 
to our charge yet notwithstandinge there doe appeare seueral of those p sons 
which out of mere preiudice haue now of late endauored to bringe your sayd 
petioners into further trouble by false accusations suggested agaynst them 
To the w"^ we shal make it appeare to this Honored Court when we ar called 
to answer to their several presentments that the cause of this our trouble 
doth originally arise out of mere preiudice for seueral of their charges where- 
with we ar charged ar aboue a yeare since. And we entreate this Honored 
Court would be pleased to take the testemonyes of our Honest neighbours in 
ova behalfe. whither or no they can evidence that your petitioners were ever 
addicted to such Crimes of drunkenes swearing and lyinge as we ar now uniust- 
ly charged withal Thus hopinge your Honours wil evidently perceiue that the 
accusations wherewith your petioners ar now uniustly charged withal doe pro- 
ceed originally out of mere periudice or mahgnant maUce that you wil see iust 
cause to acquit us from the accusations that ar now brought before you." 

Robert Pease, aged about fifty years, deposed that Coper desired him and 
Richard to go with him to help catch Henry Cookes horse and put him in his 
pound, etc. Richard Pease testified to the same. 

James Browne* testified that Booth, the joiner, drank punch on the pri- 

The' complaint of John (his mark) Roudin, Mary (her mark) Rowdin and 
Danell (his mark) PoUe: that Hue Jones came to his house one Sabbath day 
morning last Indian harvest and demanded a pair of fetters. He told him 
that it was not a day to come for fetters. Then Jones called deponent and his 
wife vile names. 

Isack Read and Joane Read testified that Rowden struck Joans, etc. 

*Autograph. 



IQ'Jg] RECORDS AND FILES 1^9 

Thomas Chick, for using reproachful irreligious speeches 
and abusive carriages and actions to John Grover, was fined 
John Parker, for being drunk, was fined on two counts.T 
Mary Cory, for cursing and swearing, was fined.J 
Mary Cory, for being drunk, was fined. § 
Mary Cory, for abusive speeches to or of the wife of John 

Pudney, was fined. || • v ^ <t 

JohnParker, for pernicious lying, wasadmomshed.il 

John Rowden, for breach of the peace by strikmg Hugh 

Joanes, was fined.** . ^ u -d 

Hugh Joanes, for abusive words and threatemng John Kow- 

den and his wife, was fined.ft • u • + 

Mary Coree, for cruelly beating her servant, it bemg not 

proved to be within the year, was dismissed.Jt 
George Boothe, for being drunk, was fined.§ § 
John Parker, for swearing and cursing, was fined. H jl 
John GUde, for being drunk and swearing, was dismissed, 

having been fined by Maj. Hathorne.lH^ 

for two years, except once, when he touched at Road Island, 
nt which time his wife was at Barbadus, etc. 

Warrant dated Nov. 27, 1678, tor apprehension of Joseph 
natohell sisned by Daniel Denison.*'' 

"""m'ns dated 24 : 8 : 1678, also to witnesses Jon Grc^ve^ 
Jon.Trask, jr., and Tho. Partor, signed by HiHiard Veren cleric 

twit- John Gloyd, Bengaman Procter and Ehzabeth Procter. 

tPresented for taking the name of God in vam and for say- 
ini ''the pLge take you," and ''the divill take you and a Iso 
to^wte by her faiih' and Troth.'' Wit: Martha Bates, 

Mary Moulton and John Moulton. -pipyaheth 

§Wit: Charles Phillips, Bengaman Procter and Elezabetn 

"Procter 

II Wit- John Procter and Bengamen Procter. 

i Wit: George Lockhadtt and Bengamen Procter. 

**Wit: Isack Reade and his wife. 

ttWit- John Roaden, Mary, his wife, and Danill Polle. 

Swit- Lott Kellam and his wife, who testified that she 
beat her servant with a stick as big as a talking statt 

§§George Booth, the joiner, was presented for bemg drunk 
aboard the man of war. Wit: Jeames Browne and Phillip 

^llllWit: John Moulten and Mary Clyde. Martha Bates 
^^wit: John Parcar and his mother-in-law. 
*** Autograph. 



150 SALEM QUARTERLY COURT [NoV. 

Henry Cooke, for a rescue, was dismissed. 

Servants of the house were allowed 8s. 

Maj. Daniell Gookin and Maj. Wm. Hathorne, Esquires, 
on 1 : 12 : 1678, granted administration upon the estate of 
William Snelling, to his relict, now the wife of Samuell Clearke, 
and to Mr. Edmond Batter, creditor of the estate, who were 
ordered to bring in an inventory to the next Salem court. 

The Worshipfull Maj. Daniell Gooken and Maj. Wm. Hath- 
orne, Esq., on 4 : 12 : 1678, granted administration to Sarah 
Hathorne, relict of Capt. Wm. Hathorne, upon his estate, and 
she was ordered to bring in an inventory to the next Salem 
court.* 

Presentments, signed by Jeremiah Neale,t foreman, in the 
name of the rest of the grand jury: 

Edward Berey for not living with his wife according to law. 
Wit: Alse Flinte and Ehzabeth Bartlet. 

JohnPearse of Gloster, for disturbing the peace and absenting 
himself from the public worship of God. Wit: William Sar- 
gen and Deacon Stifens. 

Richard Joanes of Marbellhead, for calling Elezabeth Pow vile 
names. Wit: Richard Clatory and Mary Clatory. 

Samuell Gattchell, for not living with his wife according to 
law, which is a common fame. 

* Appointment of administratrix, dated Feb. 4, 1678, signed 
by Daniel Gookin, sr.,t assistant, and Wm. Hathorne. f 

Copy made by Jno. Higginson,! Nov. 2, 1678, of the jurymen 
chosen by Salem, as follows: Jury of trials, Mr Elez. Hathorne, 
Mr. Jno. Pickring, Jno. Marston, Jos. Hucheson, Mr. Will. Hirst, 
William Trask and Sarj. Nath Beadle; grand jury, Nathl. 
Puttman, Frances Skery, Leut. Jer. Neale, Mr. Christor. 
Bavage, Thomas Rootts, Henr. West, Jno. Homes. Venire 
returned by John Norman, f constable. 

Venire, dated 14 : 8 : 1678, for grand jury and trial jury 
men from Wenham, signed by Hilliard Veren,t for the court, 
and served by Samll. Kemball,t constable of Wenham, who 
returned the names of John Abbe for the grand jury, and Wil- 
liam Fiske for the jury of trials. 

Venire, dated 14 : 8 : 1678, for grand jury and trial jury 
men from Linn, signed by Hilliard Veren,t cleric, and served 
by Thomas Laughton,t constable of Linn, who returned the 
names of John Burrell, Samuell Johnson, Robert Potter and 
John Collins for the grand jury, and Sergt. Thomas Newhall, 
John Ballard, Joseph Collins and John Moore for the jury of 
trials, who were chosen, 4:9: 1678, at a Linn town meeting. 

t Autograph. 



jg78] RECORDS AND FILES 151 

Venire, dated 14 : 8 : 1678, for Marbelhead grand jury and 
trial iurymen, signed by Hilliard Veren,* for the court, and 
served by Wm. Wood,* constable of Marbelhead who returned 
the name of Jon. Deverix for the grand jury, and Samll. Morgan 
for the iury of trials. , , . i . ■ i 

Venire, dated 24 : 8 : 1678, for Beverly grand jury and trial 
iiirvmen signed by Hilliard Veren,* for the court, and served 
[y^; who returned the name of Samuell Ballch for the jury 

° Summons, dated 24 : 8 : 1678, to the wife of Mathew Tailer, 
for her lying concerning a petticoat which upon suspicion was 
stolen from Peeter Woodberye, also as witnesses, Mary, wife 
of Ephraim Herrick, Mary, wife of John Herrick Sarah, wife 
of Jon. Dodge, sr., Jon. Sampson and Peeter Woodbery, signed 
bv Hilliard Veren,* cleric. Mathew Tailer's wife had gone out 

"^ Ro'bert Lord, marshal, and Abraham Perkins deposed that 
they heard John Backer, jr., say that he |jadprayed for said 
Lord but ''the divell will have him for all that. Also that 
Lord said that Baker said that "Bruer and Warner were damd 
toads and that the divell would have them. Sworn, 6:9. 
1678, in Ipswich court. , ..i t i. tj i 

Thomas Waite, sr., deposed that meeting with John Baker, 
ir between the meeting house and Mr. Willson s, and trom 
his words apprehend that he was much overcome with drmk. 
Sworn, 6:9: 1678, in Ipswich court. w j r^ + io 

Writ- Tobias Carter v. Simon Rumeree; debt; dated Uct. iz, 
1678: signed by Hilliard Veren,* for the court; and served by 
Thomas [Searle], constable of Salem. Bond of John Price.* 

Writ- Hugh March v. Moses Bennet; debt; dated, 
Boston," 24 : 8 : 1678; signed by Ephraim Turner * for the 
court; knd served by Samuell Leach,* constable of Manchester. 
Bond for appearance, dated Nov. 15, 1678, given by William 
(his mark) Bennet and his son, Moses Bennet,* of Manchester. 
Wit- Thomas West* and Samuel (his mark) Leach. 

Approbation of the selectmen of Lyn, of Theophilus Bayley, 
for license to keep a public house of entertainment, as a man 
who never suffers disorders in his house, signed by Thomas 
Laughton,* Rich. Walker,* Ralph King,* Andrew Mansfeild,* 
Nathanill Kertland,* John Burrall* and William Bassett* 

Approbation of the selectmen of Marblehead, of Mr Chris- 
topher Lattimore, Ensign Norman and Mr. Thaddeus Reddin 
for licenses to keep a public house of entertainment; also ot 
Mr Moses Mavericke, Mr. Ambros Galle and Mr. John Legg, 
who furnish fishermen, with necessities, as retailers ot rum^ and 
other strong liquors, and that no others be allowed, as the vice 
of excessive drinking growing up too fast amongst us may be 

*Autograph. jAutograph and seal. 



152 SALEM QUARTERLY COURT [NoV. 

redused," signed by Christopher Lattermor, Ambros Galle, 
Roberd Bartlet and John Merrett, selectmen. 

Return, dated Oct. 18, 1678, of Ambros Geall,* Richard 
Norman,* James Dennes,* WilHam Pancher,* Robert Roales,* 
Ehas Hendly,* Phi. Parsons,* Richard Reed,* Tho. Sowden,* 
Christo. Huckestable,* Samuell Sanden,* and Walter Adams,* 
a jury of inquest warned by William Wood,* constable of 
Marblehead, upon the body of Edward Vinton,* who fell out 
of a fishing shallop in Marblehead harbor and was drowned 
on Oct. 3, that he was accidentally drowned and remaining 
in the water so long was much eaten by the fishes. 

Resolved White,* Edward Beachum,* George Jacob,* 
John Tomkens,* Manaseth Marston,* Peeter Cayes,* Andrew 
Alger,* Edward Flint,* Henry West,* John Pease,* Robert 
Wilson,* and John Cook, impressed by constable Jno. Norman 
of Salem, as a jury of inquest, upon the body of a man who was 
drowned in the North river, a servant of Thomas Moulds, re- 
turned May 2, 1678, that there were no outward wounds and 
water was the cause of his death. 

"S*" According to you"" order I with the rest of the men whose 
names are under writtne have searcht the Body of one Called 
Edward Bodge: I made Incision upon the parte of his Body 
which was most Suspitious which was upon the Temporall 
musile: I layd the Bones Bare: wee could nott find any frac- 
ture in the least nether was the flesh in any wise corupt or 
putrified. Marblehead, octob^ 31th, 1678." Richd. Knott,* 
Chir., and Christopher Lattimor, Ambros Gall, Robart Bart- 
lett and John Merrett. 

Execution, dated 5:7: 1678, against Andrew Peeters, to sat- 
isfy judgment granted Samuell Chapman, 25 : 4 : 1678, at Sa- 
lem court, signed by Hilliard Veren,* cleric, and served by 
Henry Skerry,* marshal of Salem. 

Execution, dated 13 : 10 : 1678, against Daniell Johnson and 
John Davis, administrators of the estate of George Coale, to 
satisfy judgment granted John Proctor, 28 : 9 : 1676, at Salem 
court, signed by Hilliard Veren,* cleric, and served by Henry 
Skerry,* marshal of Salem. 

Execution, dated 28 : 1 : 1679, against James Pitman, to sat- 
isfy judgment granted Thomas Hoare, 26 : 9 : 1678, at Salem 
court, signed by Hilliard Veren,* cleric, and served by Henry 
Skerry,* marshal of Salem. 

Execution, dated 18 : 10 : 1678, against John Griffin, to sat- 
isfy judgment granted Mr. Thomas Woodbridge, 26 : 9 : 1678, 
at Salem court, signed by Hilliard Veren,* cleric, and served 
by Henry Skerry,* marshal of Salem. 

Execution, dated 11:9: 1678, against William Hoare and 
his wife, Jonah Jonson and his wife and Samuell Haris and 

* Autograph. 



1678] RECORDS AND FILES 153 

his wife, to satisfy judgment granted John Black, constable of 
Beverly, 25 :4 : 1678, at Salem court, signed by Hilliard Veren,* 
for the court, and served by Henry Skerry,* marshal of Salem. 

Execution, dated Mar. 5, 1678-9, against William Dounton, 
to satisfy judgment granted Mr. Phillip Cromwell, 26 : 9 : 
1678, at Salem court, signed by Hilliard Veren,* cleric, and 
served by Henry Skerry,* marshal of Salem. 

Execution, dated 24 : 10 : 1678, against Edward Winter, 
to satisfy judgment granted Mr. Edmund Batter, 29 : 11 : 
1677, at Salem court, signed by Hilliard Veren,* cleric, and 
served by Henry Skerry,* marshal of Salem, by delivering 
said Winter in person to Batter who was to have him for five 
years, keeping one-third part of his earnings, the other two- 
thirds Winter was to have for his family, or if he paid before 
the five years expired, he was to be freed. 

Execution, dated 10 : 2 : 1678, against John Blany, to sat- 
isfy judgment granted Mr. Raulph King, 27 : 9 : 1677, at 
Salem court, signed by Hilliard Veren,* for the court, and served 
by Henry Skerry,* marshal of Salem. 

Execution, dated 2:5: 1678, against Capt. Thomas Fisk, 
to satisfy judgment granted Mr. William Browne, sr., 25 : 
4 : 1678, at Salem court, signed by Hilliard Veren,* for the 
court, and served by Henry Skerry,* marshal of Salem. Wil- 
liam Browne,* on July 2, 1678, gave power to Walter Fairfeld 
to receive it for him. 

Execution, dated Feb. 24, 1678, against John Griffen, to 
satisfy judgment granted Edmond Bridges, as attorney, to 
Mr. John Ruck, Mr. Bartholmew Gedney, Leift. John Higgin- 
son and George Deane, signed by Hilliard Veren,* cleric, and 
served by Henry Skerry,* marshal of Salem, who attached 
land of Griffin in the middle of his lot, his orchard having been 
committed to feoffees in trust for his wife, part of which land 
was next to Kimboll's, and delivered it by turf and twig to 
John Ruck & Co. 

Execution, dated 2:5: 1678, against Abraham Allen, to 
satisfy judgment granted Ambross Gale, 25 : 4 : 1678, at Sa- 
lem court, signed by Hilliard Veren,* for the court. John 
Legg* and Thomas Pitman* appraised an old house and some 
ground around it, with the cow's lease, at 131i. 

Execution, dated 29 : 4 : 1678, against William Chub to 

satisfy judgment granted Herrick, at Salem court, in corn 

or cattle or ten weeks' service, signed by Hilliard Veren,* 
cleric, and served by Henry Skerry,* marshal of Salem. 

Execution, dated 29 : 4 : 1678, against Richard Rowland, 
to satisfy judgment granted Jeremiah Neale and Edward Flint, 
attorneys of Jonathan Hart, signed by Hilliard Veren,* cleric, 
and served by Henry Skerry,* marshal of Salem, 

* Autograph. 



154 SALEM QUARTERLY COURT [Nov. 

Execution, dated July 4, 1678, against Daniell Turill, jr., 
to satisfy judgment granted Mr. Hilliard Veren, attorney of 
Edward Merryweather, haberdasher, in London, June 25, 
1678, at Salem court, signed by Hilliard Veren,* for the court, 
and served by Henry Skerry,* marshal of Salem. 

Execution, dated 29 : 4 : 1678, against Clement Grosse, to 
satisfy judgment granted Capt. Paule White, 25 : 4 : 1678, 
at Salem court, signed by Hilliard Veren,* cleric, and served 
by Henry Skerry,* marshal of Salem, by attachment of land in 
Boston next to one Plumer, and delivered it to Mr. Joseph 
Tapping, for Capt. White of Newbury, by order of Mr. Robard 
Verren, jr. The land was appraised by Mr. Simeon Stodder 
and Mr. Thomas Baker, merchants. 

Execution, dated 29 : 4 : 1678, against John Blany, to sat- 
isfy judgment granted Siprian Steephens, attorney of Henry 
Willard, 25 : 4 : 1678, at Salem, signed by HilHard Veren,* 
cleric, and served by Henry Skerry,* marshal of Salem, by 
attachment of salt marsh. 

Execution, dated 29 : 4 : 1678, against Hugh March, to 
satisfy judgment granted Edward Smith, 25 : 4 : 1678, at 
Salem court, signed by Hilliard Veren,* cleric, and served by 
Robert Lord,* deputy for Henry Skerry,* marshal of Salem. 

Execution, dated July 1, 1678, against John Blaney, to sat- 
isfy judgment granted Phillip Welch, June 25, 1678, at Salem 
court, signed by Hilliard Veren,* cleric, and served by Henry 
Skerry,* marshal of Salem, by attachment of salt marsh in 
Lynn meadows. 

Execution, dated July 9, 1678, against Mr. John Wincoll, 
to satisfy judgment granted Capt. John Price and Mrs. EHz- 
abeth Price, executors of the will of Capt. Walter Price, June 
25, 1678, at Salem court, signed by Hilliard Veren,* cleric, and 
served by John Robearts,* marshal of Dover, deputy for 
Henry Skerry,* marshal of Salem, by attachment of land of 
Capt. Wincoll in Kittery above Salmon Falls. 

Return of persons in Salem who took the oath of fidelity: 

Will. Dounton's ward: Ruben Goopy, sr., John Goopy, 
the tailor, Thomas Ollever, John Roops, carpenter, Samuel 
Roops, carpenter, Simon Horn, kordwinder, Josuf Horn, 
kordwinder, Gorg Inggerson, carpenter, Isaac Williams, kord- 
winder, Johnathan Princ, kordwinder, Gorg Peel, tailer, 
Will. Andros, merchant, John Leach, husbandman, Daniel 

Bacon, Nowell, Will. Ropes, ship carpenter. Ezekiel 

Chever, Jno. Harinton, Henry Higginson, Rob. Gray, Samuel 
Bedle, Rob. Sallows, Mister Mackmallion, Jno. Baxtor, Jno. 
Glovear. Mr. Neale took not ye oath. 

Robert FoUit's* ward: Gilbert Tapley, shorman, Thomas 
Rose, shorman, Ezekiell Waters, William Punchird, Arther 
Wormstall, Walter Mare, Christopher Hops, Clement English. 

* Autograph. 



1678] RECORDS AND FILES 155 

Daniel Bakon and Robert Nowell, 18 : 1 : 1677-8, took the 
oath of fidelity. 

Warned by Henry West to appear 4:1: 1677-8, before 
Worshipful Major Hathorne: William Pinson, Wm. Longstaff, 
Richd. Maibey, Morgan Jones, Tho. Feild, Peter Strike, 
Wm. Lake, Jno. Milke, Andrew Auger, Edw. Norrice, sr., 
Edw. Norrice, jr., George Booth, Samll. Shattock, jr., Sam- 
uell Buckman, Hiliard Veren, jr., Stephen Sewall. 

Christopher Babbidge's ward: George Ingerson, shoreman, 
John Ingerson, carpenter, Joseph Ingerson, carpenter, Samuel 
Ingerson, carpenter, Edward Berry, weaver, Fransis Collins, 
carpenter, John Earththy, seaman, Jno. Elson, fisherman. 

Mr. Resolved White's ward: Edw. Winter, fisherman. 
Alter Hewes, labourer, Thom. Veley, labourer, Edw. Whor- 
ton, glacyer, Quaker, James Browne, glacyer, George Emery, 
chirurgeon, Jno. Bligh, laborer, Thom. Clarke, taylour, Philip 
Veren, shoomaker, Willm. Lord, labourer, John Darling, taylour, 
Mathew Clark, Wm. Hollis. 

Joseph Boyes, sr., Josia Southicke, sr., Josia Southicke, jr., 
John Hill, Samuell Aborn, jr., John Lomes, sr., John Lomes, jr., 
Bengemen Woodro, Joseph Boyse, William Traske, John Traske, 
John Benet, John Smith, John Blithen, John Mackshane, Danell 
Southicke, Jeremiah Watts, Henery Traske, Samuell Nurce, 
Jems Mils, William Rendall, Alexander Frisel, Samuell Gaskill, 
Rich. Tree, Umfori Cave. 

Nathaniel Felton, sr.'s,* ward, who were to appear on Mar. 
25, 1678: Robert Pease, sr., John Pease, sr., Daniel Roff, John 
Pease, jr., Levi Preston, Robt. Pease, jr., John Longle, Rich- 
ard Tree, John Tarbel, Thomas Howard, Samll. Nurse, Nich- 
olas Duel, John Felton, Thomas Preston, Isacke Cooke, Simon 
Rumrel, Henery Cooke, Willyam Osburne, John Burton, sr., 
John Burton, jr., Samuel Aburne, sr,, Moses Aburne, Francis 
Nurse, sr., John Nurse, Francis Nurse, jr., Hugh Jones, Anthony 
Buxton, Samuel Marsh, Joseph Woodrow, John Rowden, Daniel 
Poole, Nathaniel Felton, jr., Benjamin Skarlot. 

Warned to appear Mar. 25, 1678, to take the oath of al- 
legiance to His Majesty and fidelity to the country: John 
Foster, sr., John Foster, jr., Samuel Foster, John Waters, 
John Tomkins, jr., George Jacobs, Thomas Brocket, Edward 
Beacham, John Smal, Steven Smal, James Symonds, Josia 
White, John Tomkins, sr. 

Goodman Goulthrite's ward: Jno. Procter, Eleazer Gyels, 
Jno. Gyels, Saml. Verey, sr., Saml. Verey, jr.,t Tho. Verey,t 
Jonathan Verey,t Jno. Verey,t Samll. Stacy,} Jno. Stacy,t 
Jno. Stacy,t Isack Meacham, Jeremh. Meachem, Nath. Car- 
rill,t Samuel Frail, Will. Shaw,t Mihil Shaflin, Timothy Allin, 
Adam Gold,t Thomas Buffington, Charls Philips, Thom. 

* Autograph. f Crossed out in original. 



156 SALEM QUARTERLY COURT [NoV. 

Cooper,* Philip Locyer,* Jno. King, sr., Samll. Goillthrite, 
Joseph Sibley, Richd. Bates,* Henery Stacy, William Russell, 
John King, jr. 

Persons in Newbury who took the oath of allegiance, 1678, 
with their ages: John Emery, jr., aged 51, Jonathan Emery, 
27, Israel Webster, 35, Wm. Bolton, 48, Abraham Merrill, 
41, Joseph Wheeler, 16, Wm. Longfellow, 27, Jacob Topan, 31, 
John Sewall, 24, Francis Browne, 46, James Smith, 33, John 
Emery, sr., 80, James Ordoway, 60, John Topan, 28, Isaac 
Ilsley, 26, Rich. Bartlett, jr., 30, John Bartlett, jr., 23, Tho. 
Bartlett, 25, Joseph Knight, 26, Sam. Sayer, 29, Steph. Green- 
leafe, jr., 26, Jam. Ordoway, jr., 26, John Ordoway, 20, John 
Bayly, 65, Isaac Bayly, 24, Ephraim Plummer, 24, John Emery, 
22, Tho. Halle, jr., 45, Hen. Short, 26, Joseph Bayly, 30, 
Mathew Petingall, 30, Joseph Little, 25, Sam. Poore, sr., 55, 
Sam. Poore, jr., 25, John Poore, sr., 63, Jerem. Davis, 28, Nich. 
Rawlins, 32, John Davis, 30, Edward Poore, 23, James Carr, 
25, Joshua Bayly, 20, Cornelius Davis, 25, Cutting Noyes, 29, 
Wm. Isesley, jr., 28, Silvanus Plummer, 20, Zech. Davis, 29, 
Rich Dummer, jr., 28, Moses Geerish, 23, Joseph Poore, 24, 
Edward Moores, sr., 64, Rich. Woollworth, 30, Nath. Brickett 
29, Nathan Parker, 28, Nath. Aires, 22, Abiel Long, 29, Shu- 
bael Long, 17, Wm. Worham, 26, Tristram Coffin, 47, Wm. 
Chandler, 62, John Badger, 36, Christopher Bartlett, jr., 23 
Rich Lowle, 76, Tho. Woodbridge, 29, Caleb Moody, 41, Jon- 
athan Wheeler, 20, Nathan Wheeler, 18, Hugh March, jr., 22, 
Ephraim Davis, 23, John Herricks, 28, Joshua Woodman, 41, 
John Rolfe, 18, Tho. Lowle, 27, Jonathan Woodman, 35, Cur- 
mac Annis, 40, Edmund Marshall, 29, Joseph Poore, 17, James 
Burrell, 21, Percivall Lowle, 40, Robt. Coker, 72, Hen. Sewall, 
66, John Webster, sr., 46, John Webster, jr., 22, Dan. Lunt, 

36, John Atkinson, 44, John Halle, sr., 42, Wm. Randall, 65, 
Joseph Richardson, 23, Ben. Lowle, 37, Tho. Halle, sr., 74, 
Anth. Morse, 72, Joseph Coker, 38, Joseph Dole, 22, Francis 
Willett, 43, Joseph Moring, 22, Hen. Jaques, 60, John Scolly, 

37, Tho. FoUinsby, 41, Joseph Mirick, 18, John Richardson, 
cler., 31, Daniel Perse, 40, Tho. Noyes, 30, John WooUcott, 
sr., 45, John Woollcott, jr., 18, Sam. Pettingall, 33, John 
Granger, 24, Wm. Noyes, 25, Andrew Godfry, 22, Henry 
Somersby, 16, James Brading, 16, Edward Woodman, jr., 
50, Walter Taylor, 55, Wm. Morse, 64, Rich. Petingall, 60, 
Tho. Rogers, 26, Tho. Browne, 72, Benajah Titcomb, 25, Ben- 
jamin Coker, 26, Gerge Major, 31, Francis Thurley, 48, Anth. 
Somersby, 68, Abel Hewes, 74, Wm. Sayer, 65, Peter Godfry, 
48, Rich. Bartlett, sr., 57, John Bartlett, sr., 65, John Bartlett, 
jr., 39, Daniel Massiloway, 33, Hugh Pike, 21, Edward Rich- 
rdson, jr., 27, Tho. Titcomb, 17, Tho. Silver, jr., 20, Nathaneel 

* Crossed out in original. 



1678] RECORDS AND FILES 157 

Merrill, 40, Peniel Titcomb, 27, Augustine Studman, 40, Jo- 
seph Ilesley, 27, Richard Jaques, 22, Steph. Jaques, 17, John 
Firman, 31, James Coffin, 19, Increase Pilsbury, 18, Archelaus 
Woodman, 60, Peter Topan, 44, Edward Richardson, sr., 61, 
Joshua Richardson, 28, Ben. Richardson, 18, John Swett, 30, 
John Decker, 32, Tho. Silver, sr., 56, James Jackman, jr., 22, 
Richard Jackman, 19, John Mighill, 42, Daniel Merrill, 34, 
Abel Merrill, 32, Joseph Downer, 40, Joshua Browne, 36, John 
Knight, 30, Robt. Beedle, 36, Rich. Browne, 27, Joseph Pike, 

39, Dan. Thurston, 40, Sam. Barltett, 32, Henry Poore, 26, 
Henry Bodwell, 24, Ebenezer Hills, 19, Jonathan Moores, 32, 
James Davis, 20, George Hardy, 17, Elisha Isesley, 30, Dan. 
Thurston, jr., 17, John Poore, jr., 36, Aquila Chase, 26, John 
Chase, 23, Joseph Goodridge, 39, Edmund Moores, jr., 27, Dan. 
Cheney, 43, Wm. Mitchell, 24, John Hoeg, 35, Steph. Swett, 
58, Benj. Goodridge, 36, George March, 32, John Steevens, 30, 
Job Pilsbury, 35, Caleb Pilsbury, 24, Abel Pilsbury, 26, Daniel 
Chase, 16, David Chily, 28, Hen. Lucas, 18, Benj. Morse, 37, 
Robt. Adams, 77, Tho. Chase, 24, Wm. Pilsbury, jr., 22, Jerem. 
Goodridge, 42, John Kent, jr., 34, John Tucker, 28, Abraham 
Adams, 37, John Mitchell, 28, Sam. Plummer, 60, Isaac Adams, 
33, Jacob Adams, 23, Richard Knight, 77, Hugh March, sr., 56, 
John Kent, sr., 37, Joshua Bointon, 30, John Huggins, 26, Wm. 
Danford, 30, Sam. Younglove, 40, Robt. Robinson, 40, Benj. 
Plummer, 22, Joseph Plummer, jr., 23, Tho. Halle, 19, James 
Freezes, 37, Joseph Muzzy, 50, James Jackman, sr., 60, Hen. 
Acres, 26, James Noyes, 21, Wm. Moody, 17, Joseph Morse, 

40, John Guile, 23, George Perse, 17, John Halle, jr., 17, Dan- 
iel Moody, 17, Robt. Long, 58, John Smith, 31, John Thurley, 
19, Jonathan Thurley, 17, John Noyes, 33, Moses Little, 21, 
Nath. Cheney, 31, John Glading, 37, Wm. Pilsbury, 73, Wm. 
Ilesley, sr., 70, Steph. Greenleafe, sr., 50, Benj. Rolfe, 40, Tho. 
Thurley, 47, Peter Cheney, 39. 

Persons in Ipswich who took the oath of allegiance, 1678: 
Mr. Daniell Epps, sr., Mr. Joseph Epps, Linell Epps, Simond 
Epps, Edward Pipto, John Dentt, John Graves, Frances 

Graves, Perkens, Nathaniell Emerson, sr., Nath. Emerson, 

jr.. Thorns. Emorson, Nathaniell Wells, Richerd Bedford, 
Amos Gorden, Edword Bager, Laronc Clenton, John Ring, 
Richerd Briant, Thomas Bray, Isack Fellows, Samll. Fellows, 
John Smith, sr., Jno. Smith, jr., Henery Benit, Will. Benit, 
Steven Benit, Jno. Bridg, Robert Marttin, Andrew Borly, Jno. 
Woodden, Ensign Bornam, Joseph Bornam, Major Appleton, 
Jno. Worth, Jams Poller, Daniell Ring, Joeph Foller, Thomas 
Poller, Abraham Fitt, sr., Abraham Fitt, jr., Jno. Borly, 
Simond Wood, William Lambert, Jno. Honkins, Jno. Lee, 
Joseph Lee, Esaias Wood, Samll. Wood, Nickoles Shavalle, 
Thomas Haywerd, Isack Ringe, Docktor Dane, Phelemon 
Dane, Uzell Wardwell, Daniell Hovy, jr., Thomas Borman, 



158 SALEM QUARTERLY COURT [NoV. 

William Chapman, Daniell Hovy, sr., Nathanill Hovy, 
Jno. Wood, Arthor Abbit, Peter Loruer, Robert Cross? 
Thomas Peren, Nathaniell Poller, Jno. Barns, Samuell Hont, 
sr., Samll. Hont, jr., Thorns. Bornam, Mr. Jno. Hobbert, Mr. 
Thomas Andrus, Jonas Gregory, Samuell Eires, sr., Samll. Eires, 
jr., Anthony Potter, Jno. Potter, Edmond Potter, Samll. 
Potter, Decon Good — , Thomas Sp — k, Thomas F — wether, 
Mr. Jonathan Wade, Mr. Thomas Wade, Roger Skot, Jno. 
Grove, Jno. Sheren, Mr. Jno. Rogers, Mr. Nathaniell Rogers, 
Cornelios Genele, Abraham Tilton, Jno. Loueren, Thomas 
Knoulton, Samll. Yonson, sr., Joseph Yonglove, Shereborne 
Willson, Elihu Wardwell, Richard Tuells, William Baker, 
Nathaniell Rust, Corp. John Andous, Thom. Andrus, Joseph 
Andrus, Robard Nelson, Thomas Atwood, Samuel Greffin, Thom 
Marshal, jr., Joseph Marshal, Rechard Loe, Crestfor Tempel, 
John Giddens, Joseph Giddens, Samuel Giddins, Joseph Prock- 
tor, Bengaman Procktor, Henrey Gold, Jams Whitt, Wilem 
Whitt. 

"Names of thos Inhabitants of Lyn which tooke the Oath 
of Allegance to the Kinge," 1678: Mr. Samuell Whitinge, 
Mr. Joseph Whitinge, Mr. Thomas Laughton, Capt. Walker, 
Mr. Ralph Kinge, William Craufts, Samuell Cobbett, Francis 
Burrill, Joseph Burrill, Henry Stacy, Moses Chadwell, Allen 
Bread, sr., Allen Bread, jr., Timothy Bread, Joseph Bread, Al- 
len Bread, son to Allen Bread, jr., Joseph Hall, Nathaniell 
Bullard, Jacob Knight, Mathew Farrington, jr., Daniell Need- 
ham, John Tarbox, Nathaniell Handforth, John Ballard, Thom- 
as Ivory, Theophylus Bayley, Robert Driver, John Davis, 
Eliezer Lynsey, John Coates, Samuell Johnson, John Collins, 
jr., Daniell Johnson, John Lynsey, Crispus Brewer, Thomas 
Brewer, Thomas Farrer, sr., Thomas Farrer, jr., Richard Rich- 
ardson, Richard Hud, jr., William Bassett, jr., John Lewis, 
jr., John Ingolls, Robert IngoUs, sr., Robert Ingolls, jr., Nath- 
aniell Ingolls, Samuell Ingolls, Benjamin lerson, Henrj^ Silsbey, 
Ephraim Silsbey, Jonathan Silsbey, Samuell Silsbej^ Henry 
Collins, sr., Henry Collins, jr., Henry Collins, son to Henry 
Collins, jr., Benjamin Collins, John Collins, Michaell Lambart, 
Benjamin Rednap, Samuell Penfeild, Daniell Salmon, Richard 
Cowduck, William Bassett, sr., John Lewis, sr., Ezekell 
Needham, John Blayno, jr., Thomas Beale, Michaell Homar, 
Joseph Clarke, Darbey Manninge, Benjamin Farr, Mathias 
Farnworth, Nickolus Huchins, John Richards, John Blayno, 
sr., George Oakes, jr., Francis Wonright, Walter Phillips, sr., 
John Phillips, Walter PhiUips, jr., Samuell Pike, Thomas 
Purchiss, Oliver Elkins, John Dolley, Thomas Haines, Robert 
Haines, John Besso, Thomas Elkins, Samuell Tarbox, Hugh 
Alley, Domingo White, Samuell Laughton, William Markes, 
Joseph Collins, Thomas Graves, sr., Thomas Graves, jr., Marke 
Graves, Samuell Graves, William Smith, Robert Coats, sr., 



1678] RECORDS AND FILES 159 

Robert Coats, jr., Charles Gott, Abraham Roberts, James 
Mills, Griffen Harris, John Allej'^, Robert Rand, sr., Robert 
Rand, jr., Zacharias Rand, Samuell Bly, Thomas Laughton, jr., 
constable. 

Order, dated July 11, 1678, of the town [of Ipswich?] in re- 
lation to the sheep kept at Jaferye's neck by Goodman Cald- 
well, the shepherd, etc. 

William Hogsscine* petitioned the town of Ipshwich, Feb. 
9, 1677, for a "letle eyland butting against Mister paines eyland 
which hath a letle marsh about it that is cut everry year by one 
or other that hast letle or no ned of it if the toune would be 
pleased to grant me the cutting of it I would ingage to burne 
all the marsh about the neck," etc. 

Susanah Topan, aged about seventy-four years, testified that 
her sister Elizabeth Lowle lived in her house before her death 
and died there. She had but two beds, and Mr. George 
Emory, the doctor of Salem, had the best bed and bolster and 
bedding and goods to the value of lOli. for his services. De- 
ponent's husband Abraham Toppan had the other bed for their 
trouble when she was sick. As for the down bed mentioned 
by Goody Godfry in her testimony, it belonged to deponent. 
Margaret Lowle, aged about seventy-four years, deposed the 
same. Sworn, Nov. 23, 1678, before Jo. Woodbridge,* com- 
missioner. 

John Lee's bill of cost against John Gifford, 15s. 3d. 

List of names including Sam. Tayler, Samuell Fellowes, 
Isack Fellowes, Shoreborne Willson, Roberte Crosse, John 
Bayer, Moses and Aren Pengry, Samuell Ayers, jr., John 
Cogswell, Samuell Moses, Goodman Hodgins, Benjamin 
Prockter, Tho. Lull, John Dane, sr., Tho. Claerke, sr., John 
Dutch, William Goodhew, jr., 

Nathaniell Brickett, aged about twenty-five years, deposed 
that at Mr. Thomas Woodbridge's house, he heard Samwell 
Lowell say to Benjamin Lowell that he would swear in the 
action "so as to do his business for him." Sworn, Nov. 15, 
1678, before Jo. Woodbridge,* commissioner. 

Copy of Ipswich town record concerning the piney land.f 
The duck pond and wigwam mentioned. Also Mr. Epps and 
Robert Lord. 

List of names: Mr. Epps, Jo. Burnam, sr., Joseph Safford, 
Nicolas Wallis, Tho. French, John Newmarsh, Tristram Coffin. 

List of names, dated 1678: Joseph Porter, Joseph Holten, sr., 
Daniel Andrew, Daniel Rea, Jeremiah Watts, Joseph Hericke, 
Thomas Rament, Edward Bishope, Samuell Brailbroocke, 

Nathanill Ingersolle, John , John Procter, Ben. Procter, 

John Glide, John Knight, John Baites, Micall Shafiin, Thomas 
Buffenton, Thomas Goldthitte, Thomas [C?]ooper, Philip 

* Autograph. f This paper is badly torn. 



160 IPSWICH QUARTERLY COURT [Apr. 

Court held at Ipswich, Ape. 1, 1679. 

Judges: Major Genrll. Denison, Esq., Major Hathorne, 
Esq., Mr. John Woodbridge and Mr. Wm. Browne. 

Loshe, Samuell Goldthitte, Francis Nurse, sr., William Rusell, 
John Leach, carpenter, Thomas Flint, Joseph Pope, Ben. 
Pope, Gorge Flinte, Thomas Haines, John Buckston and his 
man, Micall Derich, Thomas Weste, John Shepard, Daniell 
Andrew's man, Jos. Sibly, Jon. Verry, Jos. Neale, Wm. Flint, 
And. Auger, Abr. Pease, Jon. King, jr., Jesper Swinerton, 

Samll. Endecott, Jacob Fuller, , Read, Levy Preston, Frances 

Nurss, Jon. Davis, Hen. Cook, Jon. Slather, Mr. Jon. Ende- 
cot, Alexis Renoll, Jos. Benitt.* Leaf tenant Thomas Puttnam, 
Leaftenant John Puttnam, Sargent Thomas Fuller, Sargant 
Job Swinerton, Sargent Jonathan Wallcott, Richard Hucheson, 
Joseph Huchison, Nathaniel Puttnam, John Puttnam, Thomas 
Puttnam, jr., Edward Puttnam, Jonathan Puttnam, James 
Puttnam, James Smith, Henery Keney, John Keney, Thomas 
Keny, Alexander Osburn, Joseph Magery, Henery Bragge, 
Thomas Furman, Frances Geffard, John Barowes, John 
Adames, John Agerton, Will. Sibly, Sam. Sibly, Joseph Wood- 
row, Ben. Woodrow, Benjaman Holton, Joseph Holten, jr., 
John Longly, Nicolas Dewell, who was Cromwell's man, 
Simon Johnson's man Rumery, Bray Willkins, Sam. Willkins, 
Thom. Wilkins, Henry Willkins, Benjamin Willkins, Aron 
Way, John Gingell, William Way, Thomas Fuller, Sam. Ful- 
ler, Ben. Fuller, John Sutherick, Jonathan Knight, Peter Pris- 
cott, old Benett, Isak Goodall, Zacry Goodall, Lott Cilam. 

Isrell Webster deposed that being at Mr. Thomasis house 
one evening with many others, some called to Mr. Thomas 
but he would not salute. Some said he was in the house and 
some said he was not. Mrs. Thomas said, "hee is fast enough 
in his corner I will warant an old knave: it would bee a Good 
Deed to pull him out by the Ears." Sworn before Daniel 
Denison.f 

"louing Father lord & mother this is (after my Duty to you) 
to Intreat you to Giue John Webster of Newbure credebt 
six shilings & charg it to the acount of your Dutifull sone 
June y« 28: 1678. Joseph Willson."t 

Edward Chapman died Apr, 18, 1678. Copied from the 
Ipswich deaths by Robert Lord,t recorder. 

"My Mothers testimony my father was not at home and in 
y^ night mother heerd him come in and come to her bed talking 
with her to perswade her to rise she could not tell who it was 
and was afraid to call to him. dina would not rise and then 
he rose up and went awaie," etc. Hannah Rolfe testified 

* Autograph and seal. t Autograph. 



1679] RECORDS AND FILES 161 

Jury of trials: Mr. Wm. Symonds, Corpll. Jo. Whipple, 
Symon Stace, Robert Kinsman, John Brewer, John Addams, 
Nathaniell Clarke, Joseph Plumer, James Smith, Leonard 
Hariman, Ezekill Jewett and Georg Abbott. 

John Sewall, Charles Annis and John Pengilla took the 
freemen's oath. 

Ens. John Gould and Michaell Dunill v. Joseph Bixbe. 
Trespass. Verdict for defendant.* 

that he brought a bottle of liquor. Hanna Whicer testified. 

Fragment of a sermon. 

*Y\'rit, dated Mar. 12, 1678-9, signed by Robert Lord,t 
for the court, and served by John How,t deputy for Robert 
Lord,t marshal of Salem, by attachment of house and land 
of defendant. 

Copy of papers in a similar action, 29 : 9 : 1670, in Salem 
court. 

Jacob Town and Isack Easty deposed that they went with 
Goodman Bigsbe to the twenty-fifth lot by record and he cut 
down some small sticks, challenging the land which was in 
the possession of Micall Donill. Sworn in court. 

Francis Pebody and John Welds testified that being chosen 
by the town to lay out the common on the south side of Ipswich 
river according to town order in 1661 and 1664, they laid 
out the land in controversy to Edmund Bridges. Sworn in 
court. 

John How testified that Ensign Gould took possession of 
the 25th lot when possession was given, etc. Sworn in court. 

Danell Black testified that in 1661, he bought "my Brother 
edmon bridges house and Lande in topsfeld upone his reamou- 
fell to weennome wheare hee remained aboute 1 yeere in which 
yeere tyme the towne entred Danell Blacke a Commener and 
Filed him down a shearer in the Commen land that wase to 
bee diuided upone the southe side of the rivefer in topsfeld." 
John How affirmed the same. Sworn in court. 

Isacke Easte and Jacob Towne testified. Sworn in court. 

Copy from the town records of Topsfield, made Mar. 31, 
1678-9, by Frances Pabodyif "At a Lawful Towne meeting 
the 7 : of march 1664 It was then agreed that all the Com- 
oners in the Towne || shall || hauc share in y'' Common on 
y^ other side of y^ Reiuer with the Timber which is to bee 
deuided according to the rule as is expressd namely that they 
all those which pay to y*" ministers Rate made in y« yeare 
1664 from fifty shilings and upward shall haue one of y"" Great- 
ers shares and fiftey shilings to twenty shall haue a middell 

t Autograph. 



162 IPSWICH QUARTERLY COURT [Apr. 

share and under twenty shilings, shall haue one of the Least 
shares. Now these are the Names of those men that ware 
then Rated that yeare 1664 and there seuerall somes as thay 
are in that Rate and Right in this Land: Zacheus & John 
Gould, 4h. 3s. 5d.; Mr. Tho. Baker, 3H. 17s. 5d.; Daniell 
Clarke, Hi. 4s. 5d.; Tho. Dorman, sr., 31i. 3s.; Francis Pe- 
body, 41i. 5s. 2d.; Deckon Hovey, Hi. 3s. 8d.; Will. Evenes, 
21i. lis.; Isacke Cominges, sr., 13s. 8d.; Isacke Comings, jr., 
Hi. 8s.; Ensigne Howlett, Ih. 8s. 9d.; Anthony Carell, lis. 
Id.; Tho. Perkins, 2h. 19s. 7d.; Tho. Browing, lli. 6s.; Tho. 
Auerell & Tho. Hobes on mr. Bradstreet land, lli. 3s.; John 
Redington, 3h. 5s. 2d.; John Wilds, Hi. 12s. lOd.; Will. 
Smith, 13s. 8d.; Edmond Bridges, 15s. 3d.; Jacob Townes, 
lli. 4s. 5d.; Isacke Estey, 19s. 6d.; Will. Townes and Joseph 
Townes, lli. 8s. 5d.; Edmond Townes, Ih. 8s. 9d.; Mathu 
Standly, 15s. 8d.; Will. Nickles, Hi. 12s. 9d.; Mr. Will. Per- 
kins, 2H. 3s. 9d.; Mr. Endickot, Hi. 2s.; John How, 19s.; 
Robard Andraus, 12s.; Francis Bates, 9s. 

Copy from the town records of Topsfeeld, made Mar. 14, 
1678-9, by Frances Pabody,* clerk: ''It is ordered and hereby 
they are Impowered to lay out fine hun[dred] acrees of land on 
the other side of the riuer to remaine common to perpitueyty 
for the use of the inhabitants prouided none of it be medow 
land voted 

"It is furder ordered y* the aforesaid fine hundred acres of 
land is slated to the Inhabitants of y" Towne excepting En- 
signe Howlet as one to haue a share in the said not- 
withstanding any former order voted 

"It is also ordered and hereby the said selectmen are im- 
powered to deuide the other part of the common both medow 
& upland on the other side of y^ riuer into thre equall deui- 
sions Voted 

"The names of the commoners that shall share in it: Mr. 
Bradstreet, Mr. Perkins, Zacheus Gould, Mr. Baker, Thomas 
Borman, Frances Pabody, Willi. Evens, Daniel Clark, Isac 
Comings, sr., Isac Comings, jr., Ensigne Houlet, Willi. Smith, 
Frances Bates, Mr. Endicoate, John Wiles, John Red- 
ington, Tho. Perkins, Thom. Browning, Jacob Towne, 
Isaac Estey, Willi. Towne, Edmond Towne, Matthew 
Standly, Anthony Carell, John How, Edmond Bredges, 
Useltons Lot, Lumpkins farme, Robert Andrews land, Willi. 
Nicholes Voted." 

Copy of deed, dated Feb. 3, 1669, given by Edmond Bridges 
and Sarah, his wife, of Salem, to Mr. John Rucke of Salem, 
vintner, and Joseph Bigsbe of Rouly Villidge, carpenter, two 
parcels of land of 20 acres each, in Topsfeilde, one in the 
first division, the twenty-fifth lot, lying near Wheele brook, 

* Autograph. 



1679] RECORDS AND FILES 163 

Henry Jaquis v. Henry Ellis. Verdict for defendant.* 
Selectmen of Andover v. Rich. Sutton. Verdict for de- 
fendant. 

Benjamin Lowle v. Richard Lowle of Newbury and Capt. 
Will. Gerrish of Boston. Verdict for plaintiff. The defendant 
was to give an account or true inventory of the estate of 
Elizabeth Lowle, which the latter had received of Mrs. An 
Miller, 12 : 10 : 1654, to the next Salem court or to pay the 
plaintiff 15511. Tristram Coffin, the attorney, appealed to 
the next Court of Assistants. Tristram Coffin, attorney, 

between Francis Payebody and John House lot; the other the 
ninth lot in the second division, of which Sticky meadow is a 
part, between Ensigne Howlett and John House lot. Wit 
John Norman and Edward Flint. Acknowledged, 11 : 4 
1670, before William Hathorne, assistant. Recorded, 12 : 4 

1670, by Hilliard Veren,t recorder. Copy made by Benja. 
Gerrish, t cleric. Verified by Steph. Sewall,t clerk. 

Copy of the return of the committee to a Topsfield town 
meeting 11 : 3 : 1669, appointed to lay out land, made by 
Frances Pabody,t clerk. 

Deed, 1 1 dated Dec. 9, 1670, Edmond Bridges§ to John 
Gould, witnessed by Walter Fayerfieldf and Thomas White. f 

*Writ: Henry Jaques of Newberry v. Henry Ellis of Bos- 
ton; for detaining payment for the building of his house; 
dated Feb. 17, 1678; signed by Jo. Woodbridge,t commissioner; 
and served by Returne Waite,t deputy marshal of Boston by 
attachment of dwelling house and land of defendant. 

Richard Jaquisf, aged twenty-one years, deposed that 
five or six years since, his father built a house for Henry Ellis 
at Boston near Mr. Atkison's house and made two great 
windows in the front of the house, also a gable end in the 
front and covered all the outside of the house with clapboards 
and shingles. They laid all the floors, made two flights of 
stairs, a closet in the chamber, with partitions to the rooms 
and doors to the same. In the summer his father raised the 
frame and the house was finished before the winter set in, 
so that the masons did not have to wait for their work. They 
also furnished windows for every room. Sworn, Mar. 31, 

1671, before Jo. Woodbridge,t commissioner. 

John Atkinson, aged about forty-three years, deposed that 
Ellis' wife lived in the house, etc. Sworn, Apr. 1, 1679, before 
Jo. Woodbridge,t commissioner. 

t Autograph. § Autograph and seal. || See ante, vol. IV, p. 294, for copy 
of deed. 



164 IPSWICH QUARTERLY COURT [Apr. 

with John Hale and John Webster, sr., as sureties were bound.* 

*Benjamin Lowle's complaint against his uncle Lowle and 
uncle Gerish, overseers of his mother's will. 

Answer to Benjamin Lowle's complaint, by Tristram 
Coffin, t attorney. 

Margrit Lowle, aged seventy-four years, testified that the 
cows which Nicklus Noyes testified concerning were appraised 
and put into the inventory under the name of debts and the 
tapestry coverlid with several other things. Sworn, Nov. 23, 
1678, before Jo. Woodbridge,t commissioner. 

Stephen Grenleife, aged about fifty years, testified that he 
bought of Mr. Richard Lowle nine acres of land in the field of 
exchange land beyond the new town, which cost him eleven 
pounds. Sworn, Mar. 27, 1679, before Jo. Woodbridge,t 
commissioner. 

Letter of attorney, dated Mar. 19, 1678-9, given by Richard 
Lowle, § who on account of bodily infirmity was not able to 
attend court, to Tristram Coffin of Newberry, Wit: Tho. 
Halef and lucres Pilsberry.f Acknowledged, Mar. 19, 
1678-9, before Jo. Woodbridge,t commissioner. 

Letter of attorney, dated Mar. 6, 1678-9, given by Wm. 
Gerrish,§ sr., of Boston to Tristram Coffine of Newbury. Wit, 
Peter Brackettf and Ann Paine. f Acknowledged, 6:1: 1679: 
before Tho. Danforth,t assistant. 

Writ, dated Feb. 25, 1678, signed by Anthony Somerby,! 
for the court, and served by Returne Waite,t deputy marshal 
of Boston. Bonds of Wm. Gerrishf and Richard Lowle. f 

Copy of order of the General Court, dated May 26, 1682, 
renewing and confirming administration of the estate of 
Elizabeth Goodale, formerly granted to Abraham Toppan 
and Elizabeth Lowle. Said Toppan, in right of his wife, and 
Thomas Millard and Richard Lowle, overseers of the will of 
Elizabeth Lowle petitioned, "that as this honored Court on 
there petition, in the yeare : 1647 : did grant unto the saide 
Abraham Toppan, in right of Susan his wife, and to Elizabeth 
Lowle execcutrix to the estate of her husband John Lowle 
power of Administration; to the estate of Elizabeth Goodale 
there mother amounting as per inventory to the valine of 
one hundred ninety one pounds odd money exceptinge some 
goods which amounted to thirtie pounds, or thereabouts, 
which this court reserued liberty to John Goodale any time 
within thre years, to make challenge there unto, from that 
time, so now that time beinge expired, and no record found 
of the Courts grant, that this court would be pleased soe to 
order it, that the grant aboue mentioned, may be entred in 
the Court records, and stand firm to all intents, as if it had 

t Autograph. § Autograph and seal. 



1679] RECORDS AND FILES 165 

Joseph Quilter, administrator of the estate of Marke Quilter 
V. John Wild. Debt. Verdict for plaintiff. Appealed to the 
next Court of Assistants. John Wild, with John Newmarsh 
and John Gould, as sureties, were bound. 

Nathaniell Putman v. John Hibbert. Appeal from a judg- 
ment of the Salem commissioners. Verdict for defendant, 
confirmation of the former judgment.* 

been entred at the time aboue mentioned, the grant aboue 
mentioned beinge fresh in the remembrance of the present 
secretary and seuerall deputies." Copy made by Edw. Raw- 
son, f secretary. 

Ann Hills, aged fifty-eight years, testified that she heard 
Mistriss Elizabeth Lowle desire Mr. Thomas Millar to take 
care of her son Benjamen Lowle after her decease. Sworn, 
Mar. 22, 1678-9, before Jo. Woodbridge,t commissioner. 

Benjamin Lowle's bill of cost, 31i. 15s. 

Henirey Jaquich, aged about sixty years, testified that he 
hired of Mr. Richard Lowle ten pounds for two years, and 
paid him interest 2s. to the pound, which he told him was 
the children's estate. This was about eighteen or twenty 
years since. Sworn, Mar. 28, 1679, before Jo. Woodbridge,t 
commissioner. 

Edward Richason, aged about sixty years, testified that 
ho hired of Mrs. Millor three pounds and paid 2s. in the pound 
to her and Mr. Lowle until court ordered that five groats in 
the pound should be allowed and no more. Sworn, Mar. 27, 
1679, b3fore Jo. Woodbridge,t commissioner. 

Nickelous Noyes, aged sixty-three years, deposed that 
he helped appraise the goods of Mrs. Elizabeth Lowle and 
Mr. Thomas Millar and Abraham Toppan showed the goods 
to him, Capt. Gerrish and Mr. Lowle being there, etc. Sworn, 
Mar. 31, 1679, before Jo. Woodbridge,t commissioner. 

Copy of inventory* of the estate of Elizabeth Goodall of 
Yarmouth, old England, widow, taken Mar. 27, 1647, by 
Edward Rawson, Henry Short and Rich. Knight. Copy 
made from Suffolk records by Isa. Addington,t cleric. 

Copy of inventory^ of John Lowle, taken June last, 1647. 
Copy made by Isa. Addington,t cleric. 

*John Hibbert's bill of cost, 14s. 

Nathanel Putnam'sf reasons of appeal. 

*For abstract of inventory, see printed Probate Records of Essex County, 
vol. 2, p. 447. 
t Autograph. 

JFor abstract of inventory, see printed Probate Records of Essex County, 
vol. 1, p. 67. 



166 IPSWICH QUARTERLY COURT [Apr. 

John Hibbert's* answer to Nathanell Putnam's reasons of 
appeal. 

From the files of the Salem Commissioner's court, Dec. 3, 1678: 

Writ: John Hibbert v. Nathaniel Putnam; for carrying away a parcel of 
timber without consent of said Hibbert; dated 27:9:1678; signed by 
HiUiard Veren,* for the court; and served by Henry Skerry, jr.,* deputy 
for Henry Skerry,* marshal of Salem. 

John Hibbert's bill of cost, Ih. 10s. lOd. 

Zerobabel Endecott* certified that the timber which Nathaniel Puttnam 
"did fetch away was that which John Hibbert did cutt off my land, & workd 
upon by order or agreement from myselfe, & upon that account I giue him 
full power to sue in my behalfe." 

Nathaniell Putnam's bill of cost, 14s. lOd. 

"The 23 : 10 ™° : 1639. Granted to m'" Jn° Endicot aU that Swampe that 
runneth in the line of his farme next to Goodm Chickerins & of the other 
side to the land that is laid out in small lots sometimes m"" Batters." Copy 
made, 3 : 10 : 1678, from the Salem town book of records by Jno. Higgin- 
son,* recorder to the selectmen. 

Job Swinerton* and Israeli Porter* certified that they upon request of 
NathanieU Putnam, measured a piece of land that was laid out to Goodman 
Gigles, 2 : 10 : 1678, and "interfering upon Antone Nedom," and found it 
97, 27, 80 and 64 poles on the four sides, containing about twenty-three 
acres. Sworn in court. 

Richd. (his mark) Lech, Fr. (his mark) Nurse, Jno. Pickering, Israeli 
Porter and Jno. Hathorne, a committee chosen by the town to settle a com- 
plaint of wrong done by Nathaniel Putnam in taking the town common or 
claiming the same, reported that they went up there, 24 : 11 : 1677-8, and 
found that the land claimed by liim was much more than his original grant 
or that tract which by bounds was laid out to him for Goodman Jegles. 
Nathaniell Putnam promised to abide by their decision and they proceeded 
to lay out to him 20 poles more than was formerly upon the southerly side 
of his original bounds as far as that tract would bear that breadth and angle 
besides, to the black oak of Mr. Downing's. Copy made, 3 : 10 : 1678, by 
Jno. Higginson,* recorder to Salem selectmen. 

Deed, dated 7 : 12 : 1658, given by WiUiam (his mark) Giggles, sr., of 
Salem, carpenter, to Nathaniel Puttnam of Salem, farmer, of fifty acres 
of upland and two and one-half acres of meadow in Salem, "the upland 
bordering on y'^ North side upon y'' land of Job Swinerton of Salem, & upon 
y® South side on y** land of Nathaniel Felton & m'' Emman: downeing, & 
haueing the land of M' John Endicott junior, on y'^ East, & the land of Isaak 
Bacon on y^ west. The Meadow lying among y^ fifty Acres granted to the 
Eleuen Hundred acres of upland." Wit: Walter Price* and Edw. Norice, 
jr.* Acknowledged, 7 : 12 : 1658, before Wm. Hathorne.* Recorded in 
Salem records, page 51, by HiUiard Veren,* recorder. 

Samll. Frayle, aged twenty-seven years, and Steven Smal, aged about 
twenty-two years, deposed that being desired by John Hibberd to go with 
him to Nathaniel Putnam, who had carried away his timber that he had 
cut by Mr. Endecot's order in the mirey swamp, they judged the work done 
on it by cutting, squaring and framing to be worth three pounds. Sworn 
in coiu-t. 

Willyam Osburne, aged about thirty-three years, deposed. Sworn in court. 

SamU. Frayle, aged twenty-seven years, and Steven Smal, aged about 
twenty-two years, deposed that they went with John Hibbert to Nathaniel 
Putnam's house. They overtook Thomas Ferman and said Putnam's son, 
and they saw the timber on Putnam's land near his dwelling house. Sworn 
in court. 

* Autograph. 



1679] RECORDS AND FILES 167 

Robert Dutch v. George Carr. Verdict for defendant.* 

*Writ: Robert Dutch, sr., of Ipswich v. George Carr, jr. 
of Amesbury; for not performing an engagement, dated 
Dec. 21, 1677, concerning the vessel which WiUiam Carr, 
brother to said George Carr, agreed to build for said Dutch; 
dated Feb. 14, 1678; signed by Robert Lord,t for the town 
of Ipswich; and served by Robert Lord,t marshal of Ipswich. 

George Carr's bill of cost. Hi. 6d. 

John Severance and Susannah Severans deposed. Sworn, 
Mar. 24, 1678-9, before Jo. Woodbridge,t commissioner. 

William Carr'sf receipt, dated 20 : 4 : 1678, to Daniell 
Peirc, for 41i. in money for the use of Robert Dutch of Ipswich. 
Wit: Robert Hastingsf and Henry Jaques.f 

Richard Hubbard, aged forty-five years, deposed that 
Robert Dutch desired him to find the iron work for the vessel 
and he never denied Wm. Carre any iron until the beginning 
of March. Sworn, Mar. 18, 1678-9, before Jo. Woodbridge,t 
commissioner. 

John Dutch and Samuell Dutch deposed that a vessel of 
twenty-five tons was worth six pounds per month, etc. Sworn 
in court. 

Thomas Norman, aged about thirty-eight years, testified 
that he being in company with Mr. John Ankquati, the latter 
asked if Robert Dutches vessel were built, for he was to be a 
partner with Dutch and would supply him with what money 
and goods he wanted to carry. Sworn in court. 

Edmund Marshall, aged about twenty-nine years, testified 
that he surveyed the ketch, which was then two-thirds built 
and found some of the work to be defective, as a timber and 
plank, which Carr promised to take out. The floor also was 
not proportionate to a vessel of that burden. Sworn, Mar. 18, 
1678-9, before Jo. Woodbridge,t commissioner. 

David Benite deposed that having passed over the ferry 
at Salsbury, he met George Car, jr., who said that his brother 
William Carr agreed to build the vessel according to true rule, 
art and covenant. Sworn in court. 

John Felton, aged about thirty-two years, testified. Sworn in court. 

John Putnam, jr., and Thomas Furman, aged about forty years, deposed 
that they carried away the timber in two loads, with four oxen in one team 
and two oxen and a horse in the other cart. The framing that was done 
was two pair "of prinseples and tow hemes Caked downe." Sworn in court. 

John Putnam, jr., aged twenty-two years, and Thomas Farman, aged 
forty years, deposed. Sworn in com-t. 

John Putnam, sr., aged about fifty years, deposed. Sworn in court. 

Jonathan Walkut, aged about thirty-nine years, testified that he saw 
John Hibbert working on the timber near the edge of the mirey swamp, 
framing part of a roof for a house. Sworn in court. 

t Autograph. 



168 IPSWICH QUARTERLY COURT [Apr. 

Wm. Carre, aged about thirty years, testified that his 
brother George refused to join in the covenant, as he had so 
many other engagements. Sworn, Mar. 17, 1678-9, before 
Jo. Woodbridge,* commissioner. 

Robert Lord, marshal, and Stephen Cross deposed that it 
was agreed that the vessel should be built according to true 
rule and art, etc. Sworn by Cross, Feb. 5, 1678, before Daniel 
Denison,* and by Lord, Feb. 24, 1678, before Daniel Denison.* 

Agreement, dated Dec. 21, 1677, between Robert (his mark) 
Dutch of Ipswich, mariner, and William Carr* of Salisbury, 
shipwright, concerning the building of a pink stern ketch. 
Said Carr agreed to build for Dutch "a good & substantial! 
Ketch to bee in length by y*^ keele thirty fower foot in breadth 
twelve foot by y^ beame & six foot deep in y^ hold to bee 
every waj^ shipshapen. The said ketch to bee built w**^ two 
inch white oake planke to y^ uppr. wale, & w*^ inch & halfe 
white oake plank upward, & to bee seiled fore & aft w*^ y® 
like condicond two inch planke: To lay her deck w*^ good 
two inch pine plank: the fore Castle to bee raisd twelue Inches 
& y« cabin abaft to bee raised two foot w*** scuttles & hatches 
sutable & to doe & compleat all builders worke to a cleat: 
to fitt her with all y^ masts & yards & to calke & lanche y« 
sd ketch by y"^ last day of August next ensuing y date hereof: 
For & in Consideracon of all w^"^ y« abousd p'-misses to bee 
pformed & done as aforesd." Carr was to be paid at the 
rate of 31i. 5s. per ton, to be reckoned according to common 
account, at three several payments, one-third in currant 
New England money, one-third in provisions, two barrels of 
pork and two barrels of beef, and the other third in English 
goods, to be delivered at said Dutches house at Ipswich; 
the first payment was to be after raising the vessel, the second 
at the bringing of her upper wale, and the last at the launching 
and finishing. Dutch was to provide all iron work, Carr 
agreeing to give the smith seasonable warning, the work to be 
done at Nubery or Salesbury, and he was also to find five 
small Plymouth barrels of tar at 10s. per barrel and three 
hundred weight of okum at 3d. per pound to be deducted 
out of the provision part. Wit: Tho. Bradbury* and George 
Carr, jr.* Sworn, Mar. 18, 1678, before Jo. ' Woodbridge,* 
commissioner. 

William Carr's account of what he had of Robert Dutch 
in 1677: At Mr. Frances Wanright's on Jan. 3, 1677, 41i. 12s. 
6d.; Mar. 7, 1678, 21i. 18s. 2d.; to goods, 41i. 15s.; June 18, 
to goods, 41i. lis. 7d.; at Mr. John Wainright's in May, 1678, 
31i. 9s. 7 l-2d. To goods delivered myself to said Carr : on 
3 : 11 : 1677, 4 pound of cassel sope, 5s.; 1 1-2 yd. kenting, 
6s.; 1 quarter of a thousand of pins, 5d.; on 3 : 1 : 1678, to 

* Autograph. 



1679] RECORDS AND FILES 169 

John Dutch, assignee of Mr. Tho. Woodbridge v. Wm. 
Carr. Debt. Verdict for plaintiff.* 

Daniell Wicom v. Capt. John Johnson, Ezekiell Northend 

goods paid by Mr. Thomas Wodbraig, Hi. 9s. 4d.; on 1 : 2 : 
1678, 1 pare of frinch fale shoose, 8s.; on 10 : 3 : 1678, to 9 
bushels and a halfe of Indin Corne, Hi. 8s. 6d.; to 2 1-2 bush, 
of rye, 10s.; to 1 line, 3s.; to 1 barell of porke and 63 pound 
of porke, 51i. Is. 2d.; to 6 yards of canvis, 15s.; 1 hat, 15s.; 
1 bush, of wheat, 9s.; 1 galin of roome, 5s.; to 5 barells of 
tarr, 5s.; 1 pare of frinch fall shoouse, 8s. What money I 
have paid to this said Carr: to 1 hate and ribbin in moni, 
9s.; to 6 pence to Mr. Bradbary, 6d.; 6 : 12 : 1677, to quarter- 
master Pourkines, 21i.; 6 : 12 : 1677, to moni sent by Samuell 
Savaranc, 10s.; 29 : 1 : 1678, to moni paid to Hugh March, 
5s.; 30 : 1 : 1678, to moni paid to Mr. Thomas Woodbredg, 
21i. 10s.; 10 : 3 : 1678, to moni he had of me, 21i. ; paid for 
him to Goodwife Hassen, 2s. 6d.; paid by Mr. Benit, 41i.; 
paid to the smith in monis to Richard Hubard, 31i. 4s., which 
is for Iron worke said Carr has had for his use. Sworn by 
Robert Dutch in court. 

December, 1677, and May, 1678, Richard Hubbard'sf 
receipt for 94 pounds of spikes and 48 pounds of bolts. 

Receipt, dated May 10, 1678, given by William Carrf to 
Robert Dutch, sr., for 9 1-2 bush, of Indian corn, 2 1-2 bush, 
of rye, one line three shillings by John Wanright, 3 pounds 
one barrel of pork and 63 1-2 pounds of pork, total, 51i. Is. 2d., 
and two pounds of money, six yards of canvas, one hat, 9 
shillings, one bushel of wheat, 5s., and one gallon of rum, 5s. 

*Writ: John Dutch, assignee of Robert Dutch v. William 
Carr, debt, for a bill made to Mr. Thomas Woodbridge and 
made over to Robert Dutch; dated Dec. 23, 1678; signed 
by Robert Lord,t clerk to the town of Ipswich; and served 
by Onesephoris Page,t constable of Salisbury. Bond of John 
Stockmanf and John Allin.f 

John Dutch's bill of cost, 21i. Is. lOd. 

Bond, dated Nov., 1676, given by William Carrf of Sals- 
bury to Thomas Woodbridge of Newbery, for 211i. 2s. 5d. 
to be paid in boards or white oak pipestaves. Wit: Steven 
Swettf and Thomas Crosbie.f Sworn by Crosby, Oct. 2, 
1678, before Jo. Woodbridge,! commissioner, and owned by 
Carr in court. On Aug. 24, 1678, Tho. Woodbridgef assigned 
this bill to Mr. Robert Dutch. Wit: Timothy Woodbridgef 
and Joseph Pike.f On Dec. 23, 1678, Robert (his mark) 
Dutch assigned it to John Dutch. Wit: Robert Lord, sr.,t 
and Nathaniel Lord.f 

t Autograph. 



170 IPSWICH QUARTERLY COURT [Apr. 

and Ezekiell Mighill, as townsmen, in behalf of the town. 
Withdrawn. 

John Jewett v. John Comings. Debt. Withdrawn. 

Samuell Pippen v. Benjamin Marshall. Appeal from a 
judgment before Major Genii. Denison, Esq., Jan. 9, 1678. 
Verdict for defendant, confirmation of the former judgment.* 

*Copy of papers in this action tried before Maj. Denison, 
made by Daniel Denison if 

Writ: Benjamin Marshal v. Samll. Pippen; trespass; for 
selling or disposing of three or four pine trees to William 
Tompson, which trees were taken off land that Samll. Cogs- 
wel, deceased, leased to said Pippen, the latter having no 
right by lease, which lease is assigned to said Marshal, who 
had purchased the land for a thousand years; dated 1 : 11 : 
1678; signed by Robert Lord,t cleric, for the town of Ipswich; 
and served by Robert Lord,t marshal, by attachment of a 
parcel of barley and his horse. 

Judgment for plaintiff, the defendant appealing to the 
next Ipswich court, with Samll. Gittins and William Tompson 
as sureties. 

Benjamin Marshal's bill of cost. Hi. 7s. lOd. 

Samll. Gittins and John Chub testified that Samll. Pippen 
told them that he would cut down and dispose of all the tim- 
ber that was good for anything upon the farm he had hired 
of Samll. Cogswel. Sworn, Jan. 9, 1678, before Daniel 
Denison. t 

Edward Cogswel, aged about twenty-four years, and Willm. 
Cogswel, aged about nineteen years, deposed that some time 
about the breaking up of last winter, they sledded the logs 
that came of four pine trees for Mr. William Tompson, which 
grew in a very miry, wet swamp, which was not fit to plant 
corn in. The trees made eleven logs. Sworn, Jan. 9, 1678, 
before Daniel Denison. j 

William Tompson, aged about twenty-nine years, deposed 
that ten of the logs were thirteen or fourteen feet long, etc. 
Sworn, Jan. 9, 1678, before Daniel Denison. f 

Henry Swet, aged about twenty-two years, deposed that 
his master, William Tompson, etc. Sworn, Jan. 9, 1678, 
before Daniel Denison. f 

Lease, dated Dec. 6, 1673, given by Samll. Cogswel of 
Ipswich to Samuel Pippen of Ipswich, husbandman, 300 
acres of land with a farm upon it, with the trees and timber, 
lying on the south side of Chebacco river in Ipsv/ich, for ten 
years; he was to pay 42s. yearly for four years, and lOli. 
yearly for the remaining six years, in pork, beef, butter, cheese, 

t Autograph. 



1679] RECORDS AND FILES 171 

Walter Fairefield, executor of the estate of John Soolart 
V. Ezekiell Woodward. Withdrawn. 

Henry Bennett v. John Graves. Debt. Defendant pleaded 
a nonsuit because the date of the lease was not in the attach- 
ment, but court allowed the case to proceed, and defendant 
appealed. Withdrawn. 

John Staniford v. John Graves. Debt. Verdict for plain- 
tiff, in wheat and malt.* 

Edward Phelps v. Mary Kimball, administratrix of the 
estate of Thomas Kimball. Debt. For work. Verdict for 
plaintiff.f 

Mr. Thomas Walter and Richard Middlecut v. Mr. John 
Giffard. Verdict for plaintiff. Forfeiture of the bond of 
2,0001i. of good and lawful money of England. J 

wheat, malt or Indian; he was to have what timber he needed 
for finishing the house, building a barn and other housing for 
cattle, also for firing and fencing; what land he cleared for 
corn, he was to be allowed to carry the corn away for his use, 
and was also to be allowed for the buildings he erected during 
the term of the lease. Wit: James Chute and Thomas Den- 
nis. On Jan. 25, 1674, Samuel Cogswel assigned this lease 
to his brother John Cogswel. Wit: Samuel Graves and 
Joseph Lee. On Dec. 1, 1677, John Cogswel assigned it to 
Benjamin Marshal. Wit: Philip Fowler and William Goodhue, 
jr. Recorded, Jan. 30, 1677, among the records of lands for 
Essex at Ipswich, book 4, page 125, by Robert Lord,§ recorder. 

Samuell Pipen's§ reasons of appeal, received Tuesday, 
Mar. 20, at about four o'clock by Daniel Denison.§ 

Benjamin Marshairs§ answer to Samuell Pipen's reasons 
of appeal. 

*Writ, dated Mar. 11, 1678, signed by Robert Lord,§ for 
the court, and served by Thomas Knowlton,§ deputy for 
Robert Lord,§ marshal. 

John Graves Dr. to Jno. Staniford, June 3, 1678, due upon 
account, 31i. 15s. 9d.; delivered since in goods. Hi. 9d.; total, 
41i. 16s. 6d.; Cr. per contra, 6s.; rest due, 4H. 10s. 6d. 

John Stamford's bill of cost, 17s. 6d.; 

fEdward Phelps' bill of cost, 21i. 16s. 6d. 

JWrit: Thomas Wallter of Yonghall in Ireland, merchant, 
now resident of Boston, and Richard Midelcut of Boston, 
merchant, attorneys for John Wright of Ritsbridg, in the 
county of Essex, Esq., John Williams of Bristoll, merchant, 
Kattern Eatton of London, widow, executrix of her son John 

§ Autograph. 



172 IPSWICH QUARTERLY COURT [Apr. 

Eatton of London, mercer, deceased, and John Dodsworth of 
London, haberdasher, assignee of John Wright of Ritsbridg, 
administrator of the estate of Francis Allin, late of London, 
gentleman, deceased, v. John Gilford; for 2,000U., for not 
keeping articles of agreement made between said Giffard on 
one part and Richard Combe, knight, John Wright, Francis 
Allin, John Godfry, John Williams, John Eaton and Esseakel 
Fogg, on the other part, dated Mar, 10, 1678-9; signed by 
John Fuller,* for the town of Lyn; and served by Jon. Witt,* 
constable of Lyn, by attachment of a coal heap, two swine, 
a load of hay and a calf, and the land of all the farm houses, 
etc., and who left the summons with Gifford's wife. 

Bill of cost of Jno. Frayd, attorney to Mr. Thomas Wallter, 
for ye bond and melting the wax and attesting it, etc., 81i. 6s 
6d. 

"To all that shall see these presents or heare them to be 
read sir Joseph Sheldon, Knight, Lord Mayor and the Alder- 
men or senators of the cittie of London send greeting Know 
yee that on the day of the date heerof , In the Kings maiestires 
court, holden before us in the chamber of the Guildhall of the 
said cittie psonally came and appeared, Richard Stonhill of 
London notary publick, Aged twenty eight years or there- 
about, being a pson well knowne and worthy of good faith and 
credit. And did by his solemn oath which he tooke upon the 
holy Evangelists of Almighty God Att the Instance and 
request of John Wright of Wrightsbridge, in the county of 
Essex Esquire," deposed that he saw John Gifford of New 
England, merchant, and Ezekiell Fogg, of London, merchant 
sign the bond, dated June 1, 1673; dated London, Oct. 25, 1676; 
and signed by Wagstaffe. Copy made by Robert Lord,* 
cleric. 

Bonds of John Gifford and Ezekiell Fogg. Wit: Richard 
Stonehill and Wm. Renold. Copy made by Robert Lord,* 
cleric. 

Letter of attorney, dated Oct. 25, 1676, given by John 
Wright of Wrightsbridge, Essex, to Thomas Walter of Yong- 
hall, in the Kingdom of Ireland, merchant, and Richard 
Medillcott of Boston, merchant, for the use of John Williams 
of Bristoll, merchant, Katherine Eaton, widow, executrix of 
her son John Eaton, late of London and John Dodsworth of 
London, haberdasher, in actions concerning certain Iron works 
in New England. Wit: John Hackman and Tho. Brooke. 
Acknowledged before Rich. Stonehill, notary public. Copy 
made by Robert Lord,* cleric. 

Letter of attorney, dated Mar. 13, 1678, given by Thomas 
Walter of Yonghall in the Kingdom of Ireland, now resident 
in Boston, New England, merchant, attorney to John Wright 

* Autograph. 



1679] RECORDS AND FILES 173 

of Wrights Bridge, Essex, England, Esq., Katherine Eaton, 
and John Dodsworth. Wit: William Gilbert and John Hay- 
ward, scribe. Acknowledged before Edward Ting, assistant. 
Cop3'' made by Robert Lord,* cleric. 

Agreement, dated Aug. 2, 1673, between Mr. John Gifford 
and Mr. Ezekiell Fogg, as agents and members of the company 
of the Iron works, signed by Richd. Combe, John Wright, 
John Bulteell, Francis AUin, John Williams, John Gifford, 
Ezekiell Fogg, John Eaton and John Godfrey: "1. That 
you haue a due respect to ou'" Generall Articles whereunto 
you both are pties. 2. We heare with psent a^ou with bills 
of lading and factory acco"^ of English marchandizes to the 
neat import of fifteen hundred Eighty Eight pounds twelue 
shillings star: in such Commodities as wee hope will proue 
fitt for the marketts, w^'^^ goods and bills are consigned to you 
M'' Ezekiel Fogg in pticular vnder the following restrictions. 
And in yo'' absence or in case of mortallity to M"" David Fogg 
yo'' Bro'' whom we nominate yo"^ assistant till the settlement 
of ou"" affaires and pformance of Couenants by m'' Gifford but 
subject To the same restrictions. 3. Soe soone as you 
shall arriue in new England you are to secure the said stocke 
and marchandice or to sell itt to the best aduantage for the 
benefitt of the Comp'' and the same togather with all pfitts 
you are nott any w^ay, to Imploy or dispose but according 
to orders by m'' John Wright ou^ superintendant or such pson 
as hee shall name who is to follow such order as in that behalfe 
hee shall receiue from us and his order to you shall bee yo'" 
sufficient warrent. 4. So soone as the said M"" Wright 
shall haue scene the deeds of sale enrolled and declared that 
he lookes on the workes fitt to fall in hand with, j'ou are 
psently to apply the said stocke to the managemt of the said 
workes, or soe much thereof as the said m'' Wright shall thinke 
meett and the rest dispose of as in his Judgement shall seeme 
most for the aduantage of the Comp^ and after such declaration 
as afors'' M"" Gifford is to Joyne with you wholly in the man- 
agement of the same but not to intermeddle tell such time 
as hee hath pformed all that is to bee done on his pt. itt being 
the intent and agreement of us all that untell such time m"" 

Gifford is nott to intermeddle with any pt of the said 

But as soone as he hath done what to him belongeth then he is 
to receiue 420'' more togather with halfe the profitts of 91011. 
he haueing allreddy reced 800'' wch is in all 1000''. And 
then he leaueing the other 500'' with all the profitts of itt 
for his and yo"" owne 8 pts there will remaine in j^o'' hands 
for that and the other 8 shares 1000'' with the profitts except- 
ing the charge here and in passing 

"After m"" Gifford and you shall haue Joyned in Interest 

* Autograph. 



174 IPSWICH QUARTERLY COURT [Apr. 

wee hope & expect you will bee mutually serviceable to each 

other and both to the . The Concernes of the workes 

and planta we recommend to m'' Giffard and to m"" Fogg. 

The methodizeing returnes and march* acco"^ And therefore 
wee desire you will doe nothing without each others aduice 
any of o'^ affaires or negotiations whatsoeuer w'^'' we in Great 
part Committ to yo'' prudence and discretion you conferring 
with and takeing the counsell of ou'' freind and ptner m' 
Wright or such pson as he in his abscence shall name for ou"" 
superintendant, 6. Wee are willing to haue experiments 
of those mineralls w'''' you shall apphend to bee of value with 
yo'^ Judgments of the charges and samples of the oare and 
quantities and Qualities of the same. 

"7. In all yo'' returnes and aduentures relateing to the 
Comp"'' you are to put the Comp*'' marke that where euer that 
marke is itt may bee knowne to concerne our proportionable 
interests, And what goods you soe send abroad, let Concur 
with yo'' Bookes att home; all 3^0"" Accots and bookes relate- 
ing to ou'' Compa Interest running in the title and still of 
(8) w''* Goods you send for england consigned in Bristol to 
ou"" freind and ptner Mr. John Williams and what in London 
to m"" John Godfrey and m"" John Eaton (ou'' pseu hus- 
bands) with whom in ou'' behalfe you are to Correspond, there 
orders or any one of them with one or more of ou"" Compa. 
subscribeing with them, you are to follow and obserue as the 
mind of the rest Concerned in England. 9. Our aduice is 
that you be uery carefull to whom you giue Creditt wee Judge- 
ing itt better that you should barter Comoditie for Comoditie 
than be exposed to Creditt. You are allowed out of all sales 
& returnes on the acco" of the Compa. to draw Customary 
pulsion of 5 p c* In Case itt should proue that the works 
should appeare to m'' Wright of noe value or m"" Gifford should 
not pforme his Agreement then we haue Giuen Instructions 
to m"" Wright w'"'' you are to pursue, to w"^ wee reffer you." 
Wit: William Reynolds, Samuell Hunt and Charles Tate. 
Acknowledged by Comb, Wright, Buttell, Allen, Giffard 
and Fogg, before Richd. Stonehill, notarj^ public. "These 
Instructions was presented by m'' John Giffard & m"" Ezekiel 
Fogg to me the 30**^ Aprill : 1674 ordering them to see severall 
Deeds to bee inroled. John Leverett Gov""" Recorded in 
Book 4, pp. 266 and 267 of the book of records of the notary 
public of the Massachusetts Colony at the request of Mr. 
Ezekiel Fogg, Aug. 11, 1674, by Robert Howard, notary 
public. Copy made by Isa. Addington,* cleric. 

Instructions, dated Sept. 15, 1673, given by John Wright, 
John Butteel, Fran. Allen, John Giffard, Ezekiel Fogg and 
John Godfrey to Mr. John Gifford and Mr. Ezekiel Fogg: 

* Autograph. 



1679] RECORDS AND FILES 175 

whereas they were engaged in the purchase of certain lands 
and Iron works and other mines in New England, and had 
appointed Mr. Wright to go over as their agent and he had 
been unable to do so, they committed the whole business to 
said Gijfford and Fogg until Mr. Wright should arrive in 
New England, etc. These instructions were presented, Apr. 
30, 1674, to John Leverett, Gov., by Mr. John Giffard and 
Mr. Ezekiel Fogg. Copy made, Mar. 13, 1678, by Robert 
Howard,* notary public, from book 4, p. 268 of the notarial 
records. 

Agreement, dated Dec. 1, 1669, between Tho. Breedon* 
and John Giffard*: that whereas Capt. Thomas Breedon had 
a judgment of 10501i. against John Giffard, that for satisfac- 
tion of said judgment he sold all his interest in the Iron works 
to Jno. Giffard, who was in three years' time to set the v»^orks 
blowing and upon the first blast was to pay to Capt. Breedon 
20011. and at the next blast 20011. more. Wit: Joseph Rock,* 
Henry Phillips* and Rich. Wayte.* 

T. Breedon'st receipt, dated Apr. 6, 1670, to Mr. Gilford 
of lOOli, by bill on Rich. Way of Boston from Mr. Rich. Russell 
of Charlestowne and also one bond of said John Gifford for 
lOOli. payable June 24, 1671, in payment of all demands and 
also for one other part of the Iron works at Chiswick in New 
England which belonged to said Breedon and company. 
Wit: Rich. Wayte,* marshal, and John Conney.* Ac- 
knowledged, Apr. 17, 167-, before Edward Tyng,* assistant. 
Recorded, 20 :2 : 1674, in book 4, p. 56, of the records at 
Salem, by Hilliard Veren,* recorder. 

Deed, "tripartite," dated Aug. 1, 1673, between John 
Gifford of New England, merchant, on the first part, John 
Bulteele of St. Margaret's, Westminster, Esq., on the second 
part, Sir Richard Combe of Hemelhemsted, County Harford, 
Knight, John Wright of Wrightsbridge, County Essex, Esq., 
Frances Allen of London, Esq., John Godfery of Canterbury, 
Esq., John Williams of Bristow, merchant, John Eaton of 
London, mercer, and Ezekiell Fogg of London, merchant, on 
the third part, for 5s. paid by Bulteele to Gifford and for 
1,50011. by Combe, Wright, Allen, Godfery Williams, Eaton 
and Fogg to Gifford, acquit said Combe, etc., that said Bul- 
teele should immediately reconvey the land, etc., sell to Bul- 
teele 400 acres of land and a house 24 feet long, 20 feet wide, 
with six acres of land in fence and broken up, with a garden, 
orchard, cowhouse and stable; one other house 26 feet long, 
18 feet wide, with two acres of land in fence with a small 
orchard; one other house 50 feet long, 16 feet wide, for a 
potter to work in; one house 40 feet long, 20 feet wide, a 
furnace to cast Iron ware in, as pots, kettles, sugar rolls, guns, 

* Autograph. t Autograph and seal. 



176 IPSWICH QUARTERLY COURT [Apr. 

shot or the like; together with all water courses, dams, uten- 
sels, mines, etc., situate between Linne and Redding in New 
England, formerly known by the name of the silver works, 
etc. Wit: Richard Stonehill, William Reynolds, Whittingam 
Fogg, Tho. Turner, jr., Richard Weeden, Samuell Hunt, Charles 
Tate. Acknowledged, Apr. 30, 1674, before John Leverett, 
Govr. Recorded, May 5, 1674, by Milliard Veren,* recorder. 
Copy made by Hilliard Veren,* recorder. 

Deed, "tripartite," dated Aug. 2, 1673, between John 
Bulteele of St. Margaret's, Westminster, Esq., on the first 
part, John Gifford of New England, merchant, Ezekiell Fogg 
of London, merchant, John Wright of Wrightsbridge, County 
Essex, Esq., on the second part, and Sir Richard Combe of 
Hemelhemsteed, County Hartford, Knight, Frances Allen 
of London, Esq., John Godfery of Canterbury, Esq., John 
Williams of Bristoll, merchant, and John Eaton of London, 
mercer, on the third part, for .5s., paid to John Bulteele by 
John Gifford, Fogg and Wright, etc., conveyed the same 
estate mentioned in the foregoing deed, in trust, as by one 
other deed " sexpartitie " of same date, made between Gifford, 
Fogg and Wright on the first part. Combe on the second part, 
Allen on the third part, Godfrey on the fourth part, Williams 
on the fifth part and Eaton on the sixth part, etc. Wit: 
William Raynolds, Richard Stonehill, Whittingham Fogg, 
Tho. Turner, jr., Samuell Hunt and Charles Tate. Ac- 
knowledged, Apr. 30, 1674, before John Leveritt, Governor. 
Recorded, May 5, 1674, by Hilliard Veren,* recorder. Copy 
made by Hilliard Veren,* recorder. 

Account of the Company, dated Boston, Dec. 25, 1674, 
Dr., to neete proceeds of voyage, £1,223. 15s. 4 l-2d.; to 
acct. of profitt and Loss on Creditt side, £108. 2s. 10 l-4d.; 
to acct. of debts, on Credit side, £391. 2s. 11 l-4d.; total, 
£1,723. Is. 2 l-4d.; to stock being first interest, £3,177. 4s.; 
to proffitt and Loss on Credit side, £347. Is. 8d.; to acct. of 
John Gifford, £428. 12s.; to acct. of Debts, Credit side, £391. 
2s. 11 l-4d.; total, £4,344. 7 l-2d. Creditor: by Plantation 
Interest on Debit side, £269. 8s. 9d. ; by John Gifford, agent, 
£1,015. 9s. 9 l-4d.; by necessaryes, £15. 16s. 2d.; debts, 
£137. Is. 6 3-4d.; profitts and Loss, £232. 14s. 2 3-4d.; cash 
remaining, £5. 18s. 6 3-4d., merchandize remaining, £46. 
12s. 1 l-2d.; total, £1,723. Is. 2 l-4d.; by John Gifford as 
agent, £1,496. 17s. 7 l-2d.; plantation interest, £2,286. 12s. 
9d.; necessaryes, 15h. 16s. 2d.; merchandize, £46. 12s. 1 l-2d.; 
debts, £137. Is. 6 3-4d.; profit and loss, £342. 15s. 8 3-4d.; 
by Ezekiell Fogg advanced in England, £4. 9s. 6d.; by John 
Eaton, in his hands, £8. 5s. 2d.; cash remaining, £5. 10s.; 
total, £4,344. 7 l-2d. 

* Autograph. 



1679] RECORDS AND FILES 177 

Deacon Wm. Goodhue v. Seth Perry. Verdict for de- 
fendant.* 

Deacon Wm. Goodhue v. Samuell Bishop. Debt. Verdict 
for plaintiff.t 

William Grice, aged about thirty years, testified that he 
had been employed by Mr. Ezekiell Fogg, merchant, ever 
since Aug., 1673, in charge of his warehouses and in keeping 
of his books, both personal accounts and those of his interest 
in the Iron company, etc. He made oath to the truth of the 
accounts in the ledger and journal. Mar. 12, 1674, before 
Simon Bradstreet and Edward Tyng, assistants. Copy from 
the notarial records, book 4, pp. 322 and 323, Mar. 14, 1678-9, 
by Robert Howard, | notary public. 

Articles of agreement, dated June 1, 1673, with John Gifford, 
as agent, of the land known as the silver mines, between Lynn 
and Redding, to work several mines of gold, silver, lead, tin, 
iron or copper, of which by patent he was to have one-fifth 
of all metals between Kenebeck river and New Yorke in New 
England, the whole being divided into sixteen parts, each part 
being valued at £125; each party was to pay down for every 
sixteenth part "one Ginny peece of gold to be layd out in a 
peece of plate for the Said John Geffords wife for her Consent 
according to the Custome of New England." Full details 
of the organization of the company, "the Originall of these 
foregoeing articles Comprehended in one Skinn of Large parch- 
m* with 8 labels at the foot." Acknowledged before Rich. 
Stonehill, notary pubHc. Acknowledged, Apr. 30, 1674, in 
Boston before John Leveritt, Governor. Copy made. Mar. 
14, 1678-9, from the notarial records, book 4, pp. 314-318, by 
Robert Howard,! notary public. 

*Writ: Deacon William Goodhue v. Seth Perry; debt, 
for malt delivered by Nathaniell Piper in 1672; dated Boston, 
Mar. 20, 1678-9; signed by Ephraim Turner,! for the town of 
Boston; and served by Returne Waite,t deputy marshal. 
Bond of Seth Perry. J 

John Barry, aged about thirty-seven years, deposed that 
Nathaniell Piper delivered the malt on Dec. 12, 1673. Sworn 
in court. 

Thomas Harris testified. Sworn in court. 

Samuell Dutch, aged about twenty-eight years, testified 
that he was in Boston in 1678 and heard Seath Perry say 
that he bought malt of Goodman Piper and had paid some 
of the money to Dea. Goodhue and the rest of the malt the 
boatmen had spent in beer. Sworn in court. 

fWrit: William Goodhue, sr., merchant v. Samuell Bishop; 

t Autograph. 



178 IPSWICH QUARTERLY COURT [Apr. 

Deacon Wm. Goodhue v. Thomas Bishop. Debt. With- 
drawn. 

Abell Langlej^ v. Samuell Bishop. Debt. Verdict for 
plaintiff. Forfeiture of the bond.* 

John How V. Robert Dutch. Withdrawn. 

Capt. Paull White v. Steeven Johnson. For withholding 
a debt. Verdict for plaintiff.f 

debt; due from Samuell Bishop, his brother, Jno. Bishop and 
his mother, Mrs. Margett Bishop; dated Dec. 13, 1678; signed 
by Robert Lord,t for the town of Ipswich; and served by 
Robert Lord,| marshal. 

Acct. taken from Dea. Goodhue's book, Apr. 1, 1679: John 
Bishoop, rest due, Hi. 17s. Id.; John Bishoop, serge, buttons 
and silk, by Capt. Whipple, 17s.; Mr. Samuell Bishoop, 
balance, 31i. 9 l-2d.; Mrs. Bishoop, 4 yds. Ribon, 3 nayls 
tabes, 6s.; 100 nayls serge by John Gamage for Mrs. Bishoop, 
6d.; by 2 yds. lupstring and nayls, Hi. 4s. 6d.; Feb. 27, 1677 
yd. 3-4 serg at 6s. a yd., 10s. 6d.; 6 pound shoott, 12s. 9d. 
Mar. 11, lockerum, nayls silk, Mrs. Bishoop had, 4s. Id. 
Aug. 4, 1678, Mrs. Bishoop, canvis and Ribon, 10s. 3d. 
total, 81i. 12s. 11 l-2d. 

William Goodhue's bill of cost. Hi. 2s. 6d. 

Copy of will of Thomas Bishop, dated Feb. 6, 1670, made 
by Robert Lord, J cleric. 

*Writ, dated 12 : 10 : 1678, signed by Robert Lord,| for 
the town of Ipswich; and served by Robert Lord.t marshal, 
by attachment of the house and land of Samuell Bishop, 
commonly called the "great house." 

Edward Brag deposed that upon order of Abell Langley he 
paid 501i. to Mr. Bishop, and he was to pay it back in wheat, 
barley and pork. Sworn, Apr. 2, 1679, before Daniel Deni- 
son.J 

Abell Langley's bill of cost, messenger to Lin to serve sum- 
mons, etc., 21i. 8s. 

Bond, dated Mar. 7, 1671-2, given by Samuell Bishop§ 
of Ipswich to Abell Langley of Rowley, for 10611. 18s., to be 
paid in wheat and barley at said Langley's dwelling house, 
to secure him for a debt of 531i. 9s. in wheat, barley and pork. 
Wit: William Acie| and Sarah Bishop. Acknowledged, 
Apr. 1, 1679, by Acie before Jo. Woodbridge,| associate, and 
by Sarah Bishop before Robert Lord,t cleric. John Acie also 
made oath to his father Wm. Acie's signature. 

fWrit: Capt. Paull White v. Steven Johnson of Andover; 
debt; dated Newbury, Mar. 12, 1678-9; signed by Jo. Wood- 

t Autograph. § Autograph and seal. 



1679] RECORDS AND FILES 179 

Daniell Wicom v. John Grifl&ng. Defendant acknowledged 
judgment to Daniell Wicom in corn, cattle and money. 

Ens. John Gould acknowledged judgment to Major Genii. 
Denison, Esq. 

Edward Homan of Marblehead acknowledged judgment 
to Mr. John Turner, in fish. 

Joseph Coker was licensed to make sturgeon to transport. 

Thomas Hobs acknowledged judgment to John How, in 
wheat. 

The selectmen of Andover presented a certificate that they 
had given warning to Robert Ebring and Henry Salter 
to depart the town, not allowing them to be inhabitants. 

Capt. Dudly Bradstreet, Leift. John Ossgood and Ens. 

bridge,* commissioner; and served by John Bridges,* con- 
stable of Andover. 

Capt. Paull White's bill of cost, 2H. 15s. 9d. 

Stephen Johnson, Dr., June 22, 1677: to 3 yds. 1-2 of Ossen- 
brix, 8s. 2d.; 1 1-2 yd. of holland at 8s. p yd., 12s.; 3 yds. 
blew Hnen, 9s.; 31i. of fruit, 3s.; 2 glass bottles and 2 qts. 
of rum, 4s. 6d.; yd. of Pennestone, 4s. 6d.; a pt. of wine, 9d.; 
wine and liquor, 9d.; lOH. 1-2 sugar, 7s.; 22:4:1678, to 
5 yds. sarge at 6s. 6d., Hi. 12s. 6d.; 4 yds. ribben at 8d. per 
yd., 2s. 8d.; thread, silk and buttons, 5s.; combe, home 
booke and tobacco tongs, 2s. 9d.; knife, 6d.; wine, 5d.; latt- 
ing ware, 2s. 6d.; Latting potts, 2s. 6d.; 16 : 6 : 1678, to 5 
qts. 1 pt. rum, 6s. lid.; gallon of molasses, 2s. 6d.; 20 lb. of 
sugar, 10s.; sack, 5d.; pipes, 4d.; yd. holland, 8s.; 71i. of 
raysons, 7s.; 2 yds. of manchester & 6 yds. tape, 18d.; rum, 
5d.; gallon & pt. of rum, 5s. 8d.; 28 : 8 : 1678, rum, 5s. 8d.; 
yd. & 1-2 Pennestone, 7s. 6d.; salt, 2s. 6d.; gingerbread, 4d.; 
wine, 9d.; rum, 5d.; 9:9 : 1678, rum, 5s.; 12U. sugar, 6s.; 
manchester, 6d.; 11:10:1678, rum, 5s.; 211i. sugar, 10s. 
6d.; 4 yds. & 3-4 Irish Cloth, lis. 10 l-2d.; 2 yds. holland, 
16s.; 2 yds. & 1-2 Gotten, 10s.; 4 dozen buttons, 3s.; man- 
chester, 6d.; wine. Is. Id.; total, IHi. 17s. 4 l-2d.; 22:4: 
1678, per Contra, Cred. by 4 bushells of wheate, lU.; 16 : 6 : 
1678, by a bushel of wheat, 5s.; total Hi. 5s. Due Capt. 
White, lOh. 12s. 4 l-2d. Copied from the book, 31 : 1 : 1679, 
by William Chandler,* bookkeeper for Capt. Paul White. 
Compared with the original. Mar. 31, 1679, by Jo. Wood- 
bridge,* commissioner. Sworn in court by William Chandler. 

Ann White and Tho. Woodbridge affirmed that the account 
was correct. Sworn in court. 

* Autograph. 



180 IPSWICH QUARTERLY COURT [Apr. 

Tho. Chandler, chosen commissioners to end small causes at 
Andover, were sworn, said Ossgood excepted. 

Thomas Thurla acknowledged judgment to his master 
John Perkins. 

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

Hugh Marsh had his license renewed for a year, and also 
his license for liquors. 

John Mighill had his license renewed for a year. 

Mr. Frances Wainwright's license was renewed for a year. 

John Sparke had his license renewed for a year. 

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

Ezekiell Woodward had his license renewed for a year, also 
for liquors. 

John Harris was licensed to sell liquors by the gallon for a 
year. 

Peeter Cheny was licensed to sell penny beer and cakes for 
a year. 

James Standish dying intestate, court granted administra- 
tion upon his estate to Richard Hutcheson. 

Joseph Soolart, dying under age and having some estate, 
court appointed Joseph Levet and Walter Fairefield adminis- 
trators, who were to bring in an inventory to the next Salem 
court. Joseph Levet and Walter Fairefield bound. 

Court ordered the distribution of the estate of John Bread, 
referred from the last Salem court, amounting to 18011., as 
follows: to the eldest son, 721i.; to the other three 361i. each, 
they to be brought up with the produce of the estate, and if 
that fall short, to be deducted proportionally out of the estate 
of the two youngest, and the three sons to have their portions 
out of the land. 

Upon a motion to court as to whether owners or tenants 
were to pay rates, court declared the tenants while in pos- 
session. 

Henry Bachelour, dying intestate, administration upon his 
estate was granted to Nath. Tredwell and John Warner, who 
were to bring in an inventory to the next Ipswich court, pro- 
vide for the widow, and keep an account. 

John Flood gave bond to answer Mr. Giffard's cost in an 



1679] RECORDS AND FILES 181 

action commenced against him by Mr. Tho. Walker, he being 
not a settled inhabitant. 

Sarah Gilbert was admonished upon her presentment. 

Abigaill Soolart chose Walter Fairefield as her guardian, 
who gave bond. 

Laurance Clenten was ordered to serve Arthur Abott 
until the end of June next for his charges about the child of 
Mary Grely set by the court. 

Court allowed Charles Gott to be the guardian of Bethia 
Soolart, and he was bound. 

Elizabeth Johnson, convicted of beating a cow of Mr. 
Hale's, whereby the cow died, was ordered to pay 31i.* 

♦Warrant, to the constable of Beverly, dated Feb. 24, 1678, 
for the apprehension of Elisabeth, wife of Jonas Johnson, 
Annis Hoar and Simon Hoare, upon complaint of John Dodge 
and John Hill, that they had abused some of Mr. Hale's 
cattle by cruelly beating them, whereby one of them is dead, 
signed by Daniel Denison.f 

Summons, dated Feb. 24, 1678, to John Sampson, Abigaile 
Stone, sr., Henry Bailey, Thomas Patch, John Herrick and 
Abigaile Stone, jr., signed by Daniel Denison,t and served by 
Will. Dodge, t constable. 

John Dodge and John Hill of Beverly complained that 
EHzabeth Johnson allowed some cows of Mr. John Hale, 
pastor of the church at Beverly, to be beaten in her yard, etc. 

William Dodg, sr.,t aged about seventy years, deposed that 
Mr. Hale sent for him to see what was the matter with the 
cow. She could not rise without help and he advised them 
to give her some corn which she ate. Later she died and 
when her skin was off, she was very black upon the ribs as 
if she had been beaten. 

John Halet certified. Mar. 31, 1679, that he found his 
white-faced cow dead in his stable and he sent for Leonard 
Austin. 

Complaint of John Dodgef and John Hillf to the court: 
that the suspicious parties were revengeful against Mr. Hale, 
and they knew of no other families in town who had shown 
"such an euill spiritt to our minister as these haue done." 
William Hoare, the father of the children, had also used 
threatening speeches to Mr. Hale. The pastor had also been 
annoyed by having hay stolen, and other things from the 
house and "the house disturbed with some person or persons 
knocking and making a noise in y^ Dead time of the night 
and towards Day sometimes att the Dore and sometime 

t Autograph. 



182 IPSWICH QUARTERLY COURT [Apr. 

against y^ side of y*^ house cheiflie when Mr. Haile hath been 
abroad and nott in towne to the Disturbance of M^ Haile 
and the familie," etc. 

Leonard Austin,* aged about forty-five years, testified 
that he and Soloman Cole and Thomas Coy could not get 
the cow up, but one day when Farmer Dodge, the farrier, 
Goodman Stone and Robert Roundey were there they got 
her up and helped her from the cowhouse to the stable. She 
could not rise although there was room enough for her to do 
so in the stable had she been able. Soloman Cole* testified 
to the same. 

John Sampson testified that about the time the oath of 
allegiance was taken this winter, he saw Nancy Hoare with 
a great stick in her hands beating the cows in Betty Johnson's 
yard and Symon Hoar and Goody Johnson's boy with clubs 
to keep them there. The cows escaped into Baylye's ground, 
and he remonstrated with the boys. 

Abigaile Stone, sr., testified as to the beating and what 
happened in the lane between Bety Johnson's and her house, 
etc. Sworn, Apr. 1, 1679, before Wm. Hathorne,* assistant. 

John Sampson, aged about fifty-two years, deposed that 
he was in his barn, and looking out of the window saw Simon 
Hoare and Joseph Buttman playing, as he thought, with the 
cow, etc. One cow had a bell. What they had in their hands 
he could not tell, it being a distance away. Sworn, before 
William Browne,* associate. 

Henry Balie, aged about seventy-eight years, deposed that 
he flead the cow, Thomas Patch of Wenham and John Herrick 
being present part of the time, and found ten wounds, etc. 
Sworn, Apr. 1, 1679, before Wm. Hathorne,* assistant. 

Abigail Stone, jr., aged about fourteen years, deposed. 
Sworn, Apr. 1, 1679, before Wm. Hathorne,* assistant. 

Thomas Patch of Wenham, aged about forty years, deposed, 
and John Herrick, aged twenty-nine years, deposed. Sworn 
in court. 

Abigell Stone, sr., aged about forty years, deposed that 
going out to her well, etc. 

Abigell Stone, jr., deposed. 

Henry Bayly, aged about seventy years, deposed. 

John Tuck, aged about thirty years, deposed that going by 
David Perkins' shop, he saw Goody Jonson's boy Butmon 
fetch Mr. Hale's cows, etc. Sworn, Feb. 24, 1678, before 
Daniel Denison.* 

Thomas Patch and John Herrick deposed. 

Meary Hares, wife of Samuell Hares, testified that she 
heard Goodman Astten say that the cow was beaten enough 
to kill any cow, and Mr. Healle hearing him said "as Joob 

* Autograph. 



1679] RECORDS AND FILES 183 

Annis and Simon Hoare were sentenced to be whipped by 
the constable in a house at Beaverley with a birch rod, before 
three or four of the selectmen, six lashes each. 

John Wooddam's will being produced in court without 
proof, court appointed the relict, Mary Wooddam, as adminis- 
tratrix, she to enjoy the estate while she lived, and upon her 
death the estate was to be the property of her daughter Mary 
Eyr, the only child of the said John Wooddam. 

Mr. Richard Croad was licensed to continue to sell cider 
and beer until the Salem court. 

Whereas the land of John Soolart was bound for the pay- 
ment of his children's portions, and it being in Ezekiell Wood- 
ward's possession, it was ordered that the produce of what 
their portions amount to be paid by him yearly. 

John Lunt dying intestate, the relict, Mary Lunt, was 
appointed administratrix. 

Joseph Morse dying intestate, the relict, Mary Morse, was 
appointed administratrix, and ordered to bring in an inventory. 

Joseph Kilburn and his wife were fined for fornication.* 

John Browne was fined for being drunk.f 

John Dent was sentenced to be whipped for fornication. J 

Seth Story was bound, with Corprll. John Andrews and Wm. 
Goodhue as sureties, concerning an action against him about 
raising a house at Chebeka, unless the General Court should 
take further order. 

Jeremiah Jewett and Nehemiah Jewett, who were appointed 
26 : 9 : 1678, at Salem court, administrators of the estate of 
Edward Carlton, were given Hberty to bring in the inventory 



said the Lord giveth and the Lord taketh and blessed be the 
name of the Lord." Sworn, 1:2: 1679, before Wm. Hath- 
orne,§ assistant. 

Meary Baret, aged about twenty years, deposed that she 
had been at Jonson's house eight months and had never seen 
Goody Jonson strike a cow. Sworn, 1:2: 1679, before Wm. 
Hathorne,§ assistant. 

*Rowley presentment. 

fJohn Brown, the drummer. Wit: Old Goodwife Phitts. • 

tJohn Dent, Mr. Epps' man, presented for improper rela- 
tions with a "negar" of Mr. Pinchon's. 

§ Autograph. 



184 IPSWICH QUARTERLY COURT [Apr. 

to the next Ipswich court in September, with respect to the 
estate in New England. 

Wm, Lake was licensed to brew ship beer and to sell beer 
in his house at a penny a quart, according to law, for one year. 

Nathaniell Rogers and Martha Rogers chose their uncle 
Mr. Wm. Hubbard as their guardian. 

Ordered that no person should sell or give to John Browne, 
the glazier, any strong drink or strong liquor, and should any 
ordinaries suffer him to come or stay in any of their houses 
and so obtain such drink, they would do it at their peril. 
This notice was to be posted at the meeting house and or- 
dinaries. 

Whereas an account has been referred to this court by 
Ezekiell Northen, John Acie, Daniell Wicom and divers 
Rowley subscribers to the complaint against Mr. Samuell 
Phillips for saying in open congregation at Rowley the last 
Lord's day that they were false witnesses in testimonies they 
gave in to Major Genrll. Denison, charging said Phillips with 
high reflections upon authority, court judged Mr. Phihps to 
have spoken inadvisedly and very injuriously to their great 
reproach, and the discouraging of witnesses in cases of like 
nature which ought not to be permitted, and he was fined. 
And whereas by sufficient testimony he was charged with 
reflecting and reproaching authority which he denied, court 
having no small regard for his protestation, sentenced him 
only to be admonished and pay the costs.* 



*Petition to the court, dated Apr. 1, 1679, signed by Ezekiell 
Northern,! Edward Hasen,t John Acie,t Andrew Stickny,t 
Samuell Browne, f Daniell Wicum,t Samuell Mighell,t Wilham 
Brownef and Humfrey Hobsonif "Honered Fathers: we 
whose Names are subscribed being tender of your honers 
reputations soe of our owne Credit could doe noe other for 
the vindication of our suffring names then exhibit this our 
humble complaint to your honers for the reparation of y« 
same; humbly hoping that hearin we shall be acounted noe 
offenders: your honers may be Informed that in obedience 
to athorytey we gaue in euedences about y« Reuerent M"" 
Philips his reflecting and speaking against Athorytey (as 
we conceiue) which euedences as they are sworn soe we still 
affirme to be certainlj^ true,|| euerj^ one in perticular || which 

t Autograph. 



1679] RECORDS AND FILES 185 

testimonies (to our great admiration) are peremtoryly denied 
and disowned by M"" Phillips, and we rendred publiquly befor 
y'' hole Congregation of Rowley (on y'' last Saboth) noe other 
then perjured persons and false swearers and that befor some 
strangers, to the great Damage of our reputation, and though 
we can with all good concience plead our sincerity and as to 
what we haue sworn before god and Athority j^et M'' Philips 
is pleased to report that y^ worshipful Major Genrall should 
say that he thought that our euedences wear fals when we 
went to give them in to him these things as they darken our 
reputation amongst those that are sober and honest soe they 
wil be a reall discouragement to us for y® future for discouer- 
ing any Reproaches which may be cast upon your honers 
unles we can be admited to haue a canded hearing in order to 
the vindication of our Inocency." 

Bill of cost against Mr. Phillips. 

Ezekiell Mighill, John Stickny, Phillip Nelson, Samuell 
Platts, Abell Platts, Caleb Bointon and John Pearly, deposed, 
that at Rowley meeting the last Lord's day, after sermon and 
prayer and blessing concluded, Mr. Phillips stayed the con- 
gregation and informed them that sundry persons had com- 
plained of him to authority. He signified that those persons 
had been false witnesses concerning what was testified about 
judges defending sin to the sword's point and speaking of 
them as tormentors. Mr. Phillips said he never mentioned 
the word Judges in that sense, except a proof from the book 
of Judges, nor the word tormentors. Sworn in court. 

Maximilion Jewet,* John Johnson,* Tho. Tenny, sr.,* 
Thomas Leaver, sr.,* John Pickard,* Thomas Burkbee,* 
James Bayley,* William Tenny,* Thomas Leaver, jr.,* John 
Tod,* John Burbanke,* John Bayly* and Joseph Boynton* 
testified, Apr. 1, 1679, that the day that Mr. Nelson was 
censured by the Church, as an aggrevation of one of Nelson's 
offences "our teacher added thes folowing words your un- 
brotherly or unchristian carriage in hailling brother Leaner 
to the Court after he had made three confessions two to many: 
and we doe possetiuly affirm that thes words affore said of 
our teacher were thus conveyed together by him: Before the 
word tormentor was used by our teacher which was named 
by him toward the latter end of his speech I| as to that per- 
cicution j] and the text eightenth of mathew was named wher 
that expression is used." Sworn in court. 

William Browne,* Samuell Mighell,* Ezekiell Northend,* 
Edward Hazen,* Joseph Plumer and Humphrey Hobson* 
testified that they were present on Lord's day, Nov. 3, when 
Mr. Phillips was lajdng conviction of sin before Mr. Phillip 
Nelson, and among other things aggrevating the offence of 

* Autograph. 



186 IPSWICH QUARTERLY COURT [Apr. 

Mr. Nellson's, having Goodman Leavour to court for charging 
him with blasphemy. Mr. PhilHps used these expressions, 
that Goodman Leavour had made three confessions which 
were two more than he needed, and yet for all that Mr. Nelson 
would not take satisfaction but haled him before the tor- 
mentors. Sworn, Nov. 5, 1678, before Daniel Denison.* 

Richard Holmes, Samuell Myghell and Caleb Bointon 
testified that they heard Mr. Phillips say that the testi- 
monies before the Major General were false and the latter 
counselled him to testify against them. These were testi- 
monies concerning Mr. Phillips speaking against authority. 
Sworn, Dec. 11, 1678, before Daniel Denison.* 

Mr. Anthony Ashbee deposed that he was at Mr. Phillips' 
house and the latter told him that the Major General said 
when they were testifying that he thought they were lies, 
"but I must giue men their oathes when they com to be sworn 
because of my place." Sworn, Dec. 11, 1678, before Daniel 
Denison.* 

Daniell Wickam and John Acie deposed that at Rowley 
meeting Mr. Phillips speaking of the sinfulness of sin, referred 
to some who would speak blasphemj^ and then sue a brother 
for saying that he did so, though in a matter of truth. Then 
he showed what a sad thing it was when sin should be pun- 
ished by the Judges, that at the same time those who should 
punish sin stood up as attorneys to plead for sin, and justified 
the guilty and condemned the innocent. This was in relation 
to Mr. Nelson suing Goodman Leaver. Sworn, Nov. 5, 1678, 
before Daniel Denison.* Abraham Jewet testified to the 
same. 

John Acie, Andrew Stickney and Samuell Brown testified. 
Sworn, Nov. 5, 1678, before Daniel Denison.* 

Corporal Northen and Joseph Plumer, sr., deposed that 
at Northen's house, said Plumer was telling Goodman Tod, 
etc. Sworn, Dec. 11, 1678, before Daniel Denison.* 

Thomas Leaver, sr., deposed that he took down some 
headings of the sermon that Mr. Phillips preached on Sept. 29, 
etc. 

Ezekiell Mighill, John Stickny and Samuell Browne deposed. 

John Johnson* testified that he took notes of the sermon 
and in speaking of how men may partake of other men's sins, 
Mr. Phillips came to a 10th particular which was that "we 
partake in other mens sins when instead of Reproueing we 
aprooue of the sin of others and this was done in 3 things, 
when we take pleasure in the euili actions of Others. 2 when 
we flatter men in euill doings. 3 when we defend and excuse 
mens sins as if we would take upon us to be aturneys and 
advocates to plead for them 17 pro : 15 yea some will defend 

* Autograph. 



1679] RECORDS AND FILES 187 

Lawrence Clenton, presented upon instigation of Samuell 
Hunt and not proved, was allowed costs.* 

Court ordered that three pence per week be taken off from 
the amount which John Hunkins was ordered to pay to Wm. 
Hayward for the keeping of the child, and that for the future 
he should pay Is. per week until the court take further order. 

Twenty shilhngs were paid by the marshal to the house 
for the last two courts and 3s. 4d. to Abraham Perkins. 

In answer to Mr. Jerimy Hubbert's petition, court having 
heard the demand of Mr. Hobart and the testimony of Mr. 
Cobbit and Mr. Wm. Hubbord, together with the answer 
of the selectmen of Topsfield concerning an engagement 
proffered Mr. Hobart to induce him to accept their call to the 
ministry in Topsfield, court judged the engagement to be 
of force and required the selectmen and the inhabitants to 
pay forthwith to Mr. Jerimy Hobart 60H. or so much land 

the sin of others by the swords poynt as the benjamite, tooke 
up armes to defend the gibeonites 20 Judges herby they did in 
a high degre partake in their sin." 

*Thomas Borman, aged thirty-four years, testified that 
in the year when Lawrence Clenton lived with him as a ser- 
vant, the latter mowed grass between the land of Samuell 
Hunt, sr. and deponent and carried it away. Sworn in court. 

Presented for taking a false oath. Wit: Samuell Hunt, sr., 
Samuell Hunt, jr., Elizabeth Hunt, sr., EUzabeth Hunt, jr. 
and William Hunt. 

List of presentments, dated Apr. 1, 1679, signed by William 
Cogswell,! in the name of the rest of the grand jury: 

John Pulsepher, for breaking open the barn door of James 
Chute, jr., breaking the lock, taking his oxen and working 
them contrary to his knowledge and order. Wit: Thomas 
Harris, sr., his wife and his son John. 

William Hodgken, sr., for excessive drinking on a training 
day. Wit: Seth Story and Samuell Ayres. 

Nathaniell Jacob, for taking swine and killing a swine that 
Moses Haggett claimed. Wit: John Dane, jr., Anthony 
Potter and Edmund Potter. 

John Chub, for helping to raise a house at Chebacco that 
was intended for a meeting house, he manifesting as much 
in his complaint to Mr. Willson and Goodman Rust. 

Hanah Adams of Newbery, for fornication. 

Richard Holmes' wife, for striking her husband, as she 
told John Tod of Rowley, one of the grand jury. 

t Autograph. 



188 IPSWICH QUARTERLY COURT [Apr. 

worth that amount. They were also ordered to put into 
good and sufficient repair the ministry house in Topsfield 
where their minister Mr. Hobart now lives, together with the 
outhouses and fences about the land. Also they were to 
take effectual care that the 601i. per annum allowed for the 
maintenance of the minister be paid to him or his assigns that 
it may be a testimony of their readiness to discharge their 
duty to God by their honorable maintenance of their min- 
ister according to their ability. 

Whereas by order of Ipswich court, Sept. 25, 1677, John 
Browne was to pay his two sisters Martha and Sarah lOli. 
each and 2 Hi. to his mother, upon consideration of the peti- 
tion of said John Browne and the testimony of Andrew Bird- 
ley, Nathaniell Browne and Mary Lambert, court ordered 
him not to pay the said amounts.* 

*Petition of Jno. Browne :t He "apprehends that when 
y°^ Honors setelled the estate which my Father Left y°' 
Honors were not writely informed of my Fathers minde nor 
in what condition my father Left and had disposed of his 
Estate. . . . my Father did in the time of his Life settell my 
Brother Nathaniel upone a better Estate then he Left to mee 
and my father gaue thirty pounds to my sister Martha Thorn 
and willed that I should paie to hir twenty pounds more and 
my Father gaue to my sister Sarah Jacobs Fiuety pounds, 
And this was all that my father intended and willed that my 
Brother and Sisters should haue, And indeed as the Estate 
is now settelled, the Lest of them will haue more then may 
proue to be clere from my fathers estate to mee, As in short 
I shall informe yor Honors As to ye Estat which my Brother 
Nathaniell now posseses I myself by my laboure and monys 
which I hired payed a hondred and fiuety pounds of the pur- 
chas; & when my Brother Nathaniell maryed my father 
desired me to Let my Brother haue my intrust in that estete, 
and I Acordingly did, wher upone my father then promised 
me yt I should haue the estate which he Lined upone afture 
his desese, the which quantety of Land is but seuen acors 
of ould worne out Land, and 4 acors of pasture and nintene 
of meadow which is uery mene and Lise 4 miles from hom the 
stock which my father Left was uallewed at about 47 pounds, 
and yor hnors granted to me administration upone the estate 
the which I Acsepted, and y°'"honers ordered that I should 
alow my mother 16 pounds pr yere, And as Loue obedience 
honer & duty binds me I am frely willing to doe to & for my 

t Autograph. 



1679] RECORDS AND FILES 189 

Joseph Pike, administrator of the estate of Thomas Turrill, 

mother to the extent of my abilety and in order to my fathers 
will follfill the same in all respects thorow gods Assistanc, 
But my Fathers will ware not that I should pay to my sisters 
ten pounds apese more then my Father had giuen and willed 
me to pay, yet not with standing yor honors did apoint & 
order that I should pay to my two sisters tenn pounds a pese 
& more giue to my mother twenty one pounds for hir dis- 
posall to be paid afture hir desease and my fathers estate 
was Left at his desease in debt foutskore pounds and the 
hole Estat would not be Lett for aboue tenn pounds pr yere nor 
is not worth more in estemation, and my mother is remoued 
from my house & hues with his dafture Sarah to hom the 
sixteen pounds must be paied in the best that I can produse, 
and I am freely willing so to doe, yet not with standing the 
hole estat will not of it selfe produce the quintety, I thus in 
ye present condision and capasety I am in present my desire 
to the Consideration of y°' Honors that if yor Honors may 
see cause soe to order the mater that yor petitioner may not 
pay too his sisters yt tenn pounds apece which was Last 
ordered to be payd and somthing to Leson the twenty pounds 
to be given to my mothers disposall to be paied afture hir 
desease." 

Copy of the record of Ipswich court, Sept. 25, 1677, relating 
to administration upon John Browne's estate, made by Robert 
Lord,* cleric. 

Nathaniell Browne, aged about twenty-five years, deposed 
that not long before his father Jno. Browne died, he used to 
speak to deponent about the woman who is now the wife of 
his brother Jno. Browne. Deponent told his father that 
there was much love between them and she was a very suit- 
able person for a wife for his brother, but his father said he 
was not willing that John should marry her. His father 
then said that he thought he should not live long and would 
give to his son John all his living, both land and stock, he to 
maintain his mother and pay to Martha Thorne, his sister, 
201i.; he had given to deponent all he had intended he should 
have and had paid to his daughter Sarah Jacobs 501i. which 
was all she should have, and to his daughter Thorne 301i., 
and 201i. more she should have from John, if the father did 
not live to pay it. Mary Lambert, aged twenty years, de- 
posed that she heard her master Browne speak these words. 
Sworn in court. 

Andrew Borlay, aged about twenty-one years, deposed 
that when he lived with old Goodman Browne, etc. Sworn 
in court. 

* Autograph. 



190 SALISBURY QUARTERLY COURT [Apr. 

was ordered to pay the debts as far as the estate will go, a 
return having been made by the committee appointed to find 
out the amount of the estate. 

Mr. William Symond dying intestate, the Honored Gov- 
ernor Symon Bradstreet, Esq., Major Hathorne, Esq., and 
the clerk, on June 17, 1679, appointed Mrs. Mary Symonds, 
the relict, and Mr. Jonathan Wade, administrators, who were 
ordered to bring in an inventory to the next Ipswich court. 
Mr. Jonathan Wade bound. 

Court held at Salisbury, Apr. 8, 1679. 

Grand jury: Henry Brown, foreman, Jno. Cleford, sr., 
Godfrey Deareborn, Abraham Cole, Henry Deareborne, Jno. 
Ilsly, Jno. Stevens, sr., Jno. Gill, Peter Foulsham, Edmond 
Elliott, Jno. Weed. Robert Eyer and Tho. Eyer. 

Jury of trials: Nath. Weare, foreman, Willi. Buswell, Tho. 
Mudgett, Jno. French, Nathll. Easman, Peter Eyer, Josiah 
Gage, Henry Moulton, Edw. Gove, John Barnard, Theophilus 
Dudley and James Kid. 

James Davis v. John Wells. For said Wells' tenant, Jotham 
Hendrick, keeping possession of five acres of land in the great 
plain of Haverhill, sold to plaintiff by deed dated Apr. 2, 1678, 
and for which he received no rent. Verdict for plaintiff, the 
land sued for. 

Daniel Thurston of Newbury, attorney to James Davis, 
sr. of Haverhill. For a 12011. "tooke caution" by mortgage 
to secure him for being molested about the debt, but since 

Bond, dated Dec. 24, 1667, given by Edmond Bridges* 
to William Paterson, for 21i. 12s. in wheat at 4s. 6d. per bushel 
at said Paterson's storehouse in Ipswich. Wit: Jeremiah 
Belcher* and John How.* Acknowledged before Robert 
Lord,* cleric. 

From Samuel Dalton's Commissioners' Records. See ante, vol. 5, p. 235. 

Ensign Steven Greenleaf of Newbury and Ester Swet, widow of Captain 
Swet, were m-irried Mar. 31, 1679. 

On Mar. 10, 1678-9, Nicolas Noris, convicted for being distempered with 
drink sometime in the beginning of this winter, was fined. 

On Mar. 25, 1679, Bily Dudly was fined for telling a he in his discourse 
with Ensign Samborn on Mar." 10, whereby he deceived said Samborn of 
2s., filso for vain swearing. He was to retm-n the money and make ac- 
knowledgment before the present assembly that he was ver}' sinful in swear- 
ing vainly or offering to swear when he knew his evidence was vain. 

* Autograph. 



1679] RECORDS AND FILES 191 

had been prosecuted and the account recovered against him 
so that said Thurston was compelled to sue for possession of 
the land, meadow and commonage in Haverhill made over 
and sold to him. Verdict for plaintiff. 

Wm. Osgood v. Phillip Challis, Wm. Barns and Samll. 
Worster and Susanna Whitridg, administratrix of the estate 
of Anthony Colby, deceased. For not making good a cov- 
enant which he made with the town of Salisbury, concerning 
a grant of land and the erection of a sawmill. Verdict for 
defendant. 

Capt. Walter Barefoot v. Christopher Palmer. Review of 
a case tried at Salisbury, Apr. 9, 1678, concerning the breach 
of a bond of arbitration, in which Jno. Redman, attorney, 
and Richd. Bradley were bound. Withdrawn. 

Hugh Marsh v. Wm. Hilton. Debt. For 10 M feet of 
pine boards which should have been paid at Lamprele river 
landing place. Verdict for defendant. 

Town of Haverhill v. Robert Swan. For inclosing in his 
land a town highway by fencing between his land and that of 
Tho. Davis, which highway leads from the common highway 
to the west bridge and thence down to a place where a sawmill 
formerly stood near Ensign Pecker's now dwelling house. 
Verdict for defendant. 

Town of Haverhill v. Robert Swan. For fencing in near 
his present house a common highway belonging to the town, 
keeping the inhabitants from the use of it, and notwithstand- 
ing the town's complaint about five years since, has again 
stopped up said way, which is commonly called Bartholomew 
Heath's cart way and leads from Henry Palmer's to the west 
bridge behind the said Swan's house, and to the northward 
of several house lots between Palmer's and Swan's. Verdict 
for defendant. 

Court ordered that Haverhill attorneys should have their 
papers delivered to them in the cases against Swan because 
the jury nonsuited them for want of legal attorneyship, which 
they alleged in court was their reason for finding against them. 

Mr. Jno. Groth v. Tho. Mudgett. For withholding pay 
due him as a chirurgeon in curing one of defendant's appren- 
tices, Samll. Getchell, in September and October last, and 
for medicine. Verdict for defendant. 



192 SALISBURY QUARTERLY COURT [Apr. 

Samll. Felloes v. Abraham Brown. For withholding a 
debt of seven pounds due upon a bond of arbitration, Jno. 
Clough and Ephraim Winsly being arbitrators. Verdict for 
plaintiff. Appealed to the next Court of Assistants. Hen, 
Brown, sr. and Abraham Brown bound. 

Robert Downer v. Mr. Jno. Stockman. For not satisfying 
him for work done for him in 1678, felling timber, hewing and 
framing and setting up a house for him, 24 feet long and 20 
feet in breadth, now standing to the northward of the former 
dwelling house, also other finishing work done to said house 
and cellar under it, cutting out passages from one room to 
another. Nonsuited. 

Robert Downer v. Jno. Hendrick. Review of a case tried 
at Hampton court, Oct, 9, 1677. For not paying him for a 
month's work about three or four years ago when he was 
framing or building a house for Hue Marsh at Nubery. With- 
drawn. 

Capt. White v. Wm. Sargent. Trespass. For cutting and 
carrying away the timber of said Paul White from his land 
in Amsbery without his knowledge. Verdict for defendant. 
Appealed to the next Court of Assistants. Mr. Tho. Wood- 
bridg and Jno. Allin bound. 

Capt. White v. Jotham Hendrick. Trespass. For cutting 
and carrying away timber of said Paul White in Amsbery. 
Verdict for defendant. Appealed to the next Court of Assist- 
ants. Tho. Woodbridg and Jno. Alhn bound. 

Capt. White v. Josiah Heath. Trespass. In cutting and 
carrying away a quantity of cedar from plaintiff's land in 
Amesbury. Verdict for defendant. Appealed to the next 
Court of Assistants. Mr. Thos. Woodbridg of Nubery and 
John Allin of Salisbury bound. 

Joseph French v. Jno. Griffyn. For not paying him 55 
shillings. Withdrawn. 

Danll. Ela v. Robt. Clements. For withholding pay due 
by book. Special verdict. If the law entitled "book debts" 
allowed the evidence in this case to stand, they found for plain- 
tiff, in corn, cattle or staves, if not, for defendant. Court 
gave judgment for plaintiff. 

Christopher Palmer v. Danll. Tilton. Review of a case 
tried at Salisbury in April, 1678, in which Tilton was plaintiff 



1679] RECORDS AND FILES 193 

against Palmer, for selling and delivering fifty acres of land 
near Tayler's river. Verdict for plaintiff, a reversion of the 
former judgment. Appealed to the next Court of Assistants. 
Tilton and Redman bound. 

Danll. Ela v. Danll. Clements. Debt. Withdrawn. 

In the action of Major Pike v. Jno. Wells at the last Hamp- 
ton court, judgment was entered in this court. 

Henry Robye's license to keep ordinary at Hampton was 
renewed by this court. 

Willi. Hackett v. Capt. Nicolas Page. No attachment served. 

Joseph Perkins, presented for striking Josiah White, and 
court being informed that his father had given him correction 
for his fault, was discharged. 

Mary, wife of Samuell Foulsom, presented for absence 
from the public worship of God, was ordered to appear before 
Capt. Gillman. 

Robert Downer acknowledged judgment to Ephraim Brown 
in white oak pipestaves. 

Arthur Benick acknowledged judgment to Hugh March 
of Nubery. 

Upon request of Mr. Tho. Bradbury and Caleb Moody, 
they were appointed administrators of the estate of Mr. 
William Bradbury and were ordered to bring in an inventory 
to the next Hampton court. 

John Griffyn of Bradford acknowledged judgment to Joseph 
French, sr., of Salisbury. 

Jno. Stanian was discharged of his presentment made at 
Hampton court last. 

James Davis, jr., in open court renouncing executorship 
according to his father's will and the rest of his relations 
being absent or withdrawn, was appointed administrator 
of the estate of James Davis, sr., late of Haverhill, deceased, 
and was ordered to bring in an inventory to the next Hampton 
court. 

Tho. Bradbury, Phillip Challis and John Weed, appointed 
Apr. 8, 1678, at Salisbury court, to divide the estate of Thomas 
Barnard, late of Amsbury, reported on Apr. 6, 1679, as follows: 
to the widow Barnard, 2001i.; to Tho. Barnard, the eldest 
son, 831i.; to the remaining eight children, each 411i. 10s.; 
the overplus, the mother was to have. 



194 SALISBURY QUARTERLY COURT [Apr. 

John Emerie, sr., aged about eighty-one years, testified 
that about forty years ago he saw laid out to William Estow 
then living in Nuberie a four acre lot, being a house lot and 
twelve acres of meadow, bounded by Great Pine Island creek 
southerly, land of Toppan, formerly Moulton's, easterly, land 
of Emerie northerly and land of William Sawyer, formerly 
Palmer's westerly, between Great Pine Island and Plum 
Island, which land said Estow sold to William White, and 
White to Tho. Jones of Hampton, and Jones to deponent for 
William Ilsly, sr., who has peaceably enjoyed it from 1643 
to date. Sworn in court. 

Robertt Jones, for suspicion of stealing a parcel of boards 
from Nehemiah Partredg, was judged by the court not guilty 
of theft and therefore not culpable on that account, but finding 
him faulty in taking the boards in a disorderly way was 
ordered to pay costs. 

Whereas Arthur Bennett, Georg Sweett, Elias Cr , 

Tho. Stidmun and Mary Jones, wife of Georg Jones, were 
summoned to appear to answer for their misdemeanors and 
having defaulted, court ordered that the constable of Exeter 
bring them before authority to be bound over to the next 
Hampton court for contempt of authority. 

Samll. Colbie's license to keep ordinary for Eamsbery for 
the ensuing year was renewed and liberty granted him to sell 
wine and strong waters to strangers. 

Cornet Severance's license to keep ordinary for the year 
ensuing was renewed. 

Sam. Watts, presented for quarrelling with Ben. Allin and 
confessing it, was fined ten groats. 

Samll. Gatchel, presented for reeling and staggering in the 
streets Hke a drunken man, and other very unseemly carriages, 
was fined. 

Capt. Jno. Gillman's license to keep the ordinary for Exeter 
was renewed. 

Mr. Jno. Groth declared in open court that he impowered 
Danll. Ela of Haverhill to be his attorney in the action with 
Tho. Mudget. 

Mr. Jno. Groth was allowed by this court to practise physic 
and chirurgery. 



1679] RECORDS AND FILES 195 

Bartholemew Heath made default and his bond was de- 
clared forfeited. 

Henry Brown was licensed to sell wine to supply the ne- 
cessity of sick folk. 

Barthol. Heath of Haverhill, presented for two acts of 
drunkenness and not appearing was bound over to this court, 
and again making default, sending word that he could not 
come, was found guilty and fined. 

Jno. Allin, complained of for words uttered by him when 
spoken to about going abroad so suddenly after he had the 
small pox, was to have a legal admonition. 

Mrs. Sarah Stockman's fine, which was imposed because 
she did not appear at Hampton court as a witness in a pre- 
sentment against Jno. Eaton, sr., was remitted upon hearing 
her excuse. 

Exeter, being presented for want of stocks, was fined, upon 
reasons given by Capt. John Gillman. 

Susanna Buswell, relict of Isaac Buswell, jr., was appointed 
administratrix of the estate of Isaac Buswell, and was ordered 
to bring in an inventory to the next Hampton court and to 
take good care for the maintenance of the children. 

Ten shillings were ordered to the servants of the house 
and wherever the members of the court had been enter- 
tained. 

Josiah White, presented for fighting, confessed it, and was 
fined ten groats. 

Court held at Salem, June 24, 1679. 

Grand jury: Leift. Jeremiah Neale, Frances Scerry, Chris- 
topher Babbadg, Hen. West, John Devorix, John Abby, 
Oneispherus Allen, John Davis, John Burrell, Samuell John- 
son, Robert Potter, John Collens and Humphry Woodbery. 

Jury of trials: Ensign John Fuller, Mr. Hilliard Veren, Mr. 
Ben. Gerrish, Jon. Sanders, Joshua Ward, Tho. Putnam, jr., 
Frances Nursse, William Nick, John Fiske, Joseph Dodg, 
Will. Hascall, jr., Daniell Huchens, Jacob Knights, Samuell 
Tarbox and Sam. Cobbit. 

Mr. Timothy Lindall v. Robert Starr. Debt. Verdict for 
plaintiff. Christopher Wadsworth testified that he carried a 
summons to Boston and inquiring for any place of Starr's 



196 SALEM QUARTERLY COURT [June 

abode heard of none, but left the summons with Mr. Chickly's 
wife who was said to be Starr's attorney.* 

Marke Graves, who married Elizabeth Farrington, widow, 
relict of John Farrington, late deceased, and administratrix of 
the estate v, Mathew Farrington, sr. For withholding or 
refusing to deliver half of the tide mill. Verdict for defendant.! 

*Writ, dated 17 : 4 : 1679, signed by Hilliard Veren,| for the 
town of Salem, and served by Henry Skerry,t marshal, by 
attachment of house and land of defendant. 

Timo. Lindall's bill of cost, Hi. 12s. 2d. 

Jno. Hill and Thomas Woodbery deposed that they being 
present at Timo. Lindall's house when he made up accounts 
with Robert Starr about a ketch which the latter had built 
for Lindall and partners, there remained due to Lindall about 
151i. Sworn in court. 

Robert Starr, Dr., 9:4: 1677, due 13611. 4s. 5d.; Cr. by a 
Catches hull built 1677, 11611. 8s.; overcharge, 31i. 6s. 9d.; 
due, 161i. 9s. 8d., with intrest at 8 per cent., for two years, 
46s. 6d.; total due, 181i. 16s. 2d. 

fWrit, dated 16 : 4 : 1679, signed by John Wayte,J for the 
town of Maiden and served by Jon. Witt,t constable of Lyn. 

Mathew Farrinton's bill of cost, 21i. 4s. 6d. 

Copy of will of Edmond Farington, dated Aug. 12, 1667, 
made by Robert Lord, J cleric. || 

Copy of inventory of John Farrington, taken May 14, 1665, 
made by Hilliard Veren,t cleric. § 

Nathanell Hanforth, aged about seventy-two years, deposed 
that being warned by Henry Rhodes to appear at the Com- 
missioners' court in Line, 14 : 2 : 1663, John Fuller appearing 
on his father Edmond Farrington's behalf, pleaded that Henry 
Rhodes showed a wronged man and was nonsuited. Sworn 
in court. 

Henry Rhodes, aged about seventy-one years, testified 
that he showed Edmond Farrington before the Commissioners 
for raising the water in Line river whereby his sedge land was 
damaged. Sworn in court. 

Copy of Salem court records, 27 : 9 : 1666, relating to the 
settlement of John Farrington's estate, made by Hillyard 
Veren,t cleric. 

John Fuller and Mathew Farrington deposed that being 
desired to be present at a contract of marriage between John 
Farrington and Elizabeth Knight, John's father Edmund was 
asked what he would give his son. He replied that he would 
give him half his corn mill, half his upland and meadow and 
half his cattle. The remainder said Edmund declared he 

t Autograph. § See ante, vol. 3, p. 336. |1 See ante, vol. 4, p. 327. 



1679] RECORDS AND FILES 197 

would keep in his hands and dispose of it at his death as he 
saw fit. William Bartram, aged about fifty years, deposed. 
Sworn, Aug. 20, 1666, before John Leveret, assistant. Copy 
made, June 15, 1668, by Robert Lord,* cleric. 

William Miller, aged about twenty-six years, deposed that 
in discourse between Joseph Jencks and Edmond Farington, 
standing upon the land, Jencks showed him the bound stake 
and told him which was his land and which was Elizabeth 
Farington's. Said Jencks told Farrington that all he desired 
was that the children might enjoy that part which he was to 
have for his wife and his maintenance while they lived and 
that the children of John Farington might have it after the 
decease of said Edmond and wife. He further said that he 
never intended to deprive them of it and all the world could 
not persuade him to do so. Sworn, 22 : 6 : 1666, before Wm. 
Hathorne.* 

Moses Chadwell, aged about twenty-nine years, deposed 
that, working at the mill from time to time, etc. Mathew 
Farington had had the meadow in Roumblye marsh because 
John was a "weakly man" and could not go so far as Rumblye 
marsh. This meadow of John's lay very convenient to the 
mill, etc. Sworn, 22 : 7 : 1666, before Wm. Hathorne.* 

Thomas Browne, aged about forty years, deposed that John 
Farrington told him that if his father were willing he would 
pull up the mill and go to a new plantation: "Why sayd I 
your Father hath done well for you, and hath given you a 
good estate. Then sayd John Farington to me, cossen you doe 
not know how it is my Father hath given me but the one halfe 
of this mill and land." Sworn, Aug. 20, 1666, before Jno. 
Leverett, assistant. Copy made, June 15, 1668, by Robert 
Lord,* cleric. 

Richard Haven and Thomas Nuehall deposed that they 
were at the tide mill in Linne with Edmond Farington and 
his son Mathew and Joseph Jenckes and his mother Breade 
and her daughter Farington, at the dividing of the mill and 
land. Jenckes and his sister laid claim to the whole, etc. 
Sworn in court. 

Sarah Witt and Parnell Kertland deposed that Mathew 
Farington, sr., had kept and maintained his aged father and 
mother ever since his brother John Farinton died, which is 
about thirteen years. His mother was a sickly woman a 
great part of this time and not able to keep herself any more 
than a child, and was kept like a sick body by reason of her 
great age. She lived until she was a hundred years old "want- 
ing Two or thare abought" and his father lived until he was 
four score and eight. Mathew and his wife were very kind 

* Autograph. 



198 SALEM QUARTERLY COURT [JunC 

Robert Knight v. Samuell Leach. Trespass. Verdict for 
plaintiff. [Defendant owned that the plaintiff had Blindman's 
right in Gloster. — Waste Book.]* 

to them and they did not want for anything that was good 
and needful, as meat, drink and clothing, both in sickness and 
health. Sworn in court. 

Elizabeth Bread, aged about fifty-nine years, deposed that 
at the making of the match between Jno. Farington and her 
daughter Elizabeth, now a widow, she asked Mathew if he 
would not give John the other half at the death of himself and 
wife, and he said he would, all except the cattle, as John had 
a stock of horses or horse flesh of his own. Joseph Janckesf 
of Providence, sometime past of Line, testified to the same. 
Sworn, 22 : 6 : 1666, before Wm. Hathorne.f 

John Floyd, aged about forty-two years, deposed that the 
year John Farington married Elizabeth Knight, etc. The 
other half of the property was to go to John's children. Sworn 
in court. 

*Writ: Robert Knight of Marblehead v, Samuell Leach of 
Manchester; trespass; for cutting a considerable quantity 
of wood on land formerly Mr. Blindman's, given him by the 
town of Gloster, defendants claiming it to be in the town of 
Manchester; dated June 16, 1679, signed by Hilliard Veren,t 
for the town of Salem; and served by Henry Skerry, f marshal 
of Salem. 

Robert Knight's bill of cost, 41i. 5s. 8d. 

Copy of a record of the General Court for Elections held at 
Boston, May 3, 1642, by which William Hauthorne and Ed- 
ward Hollioke and Mathew Boyd agreed "w**" the consent of 
Ipswich Cape Anne & Geofferys Creeke that their bounds 
shall lye as followeth That all the land lying betweene Ipswich 
& Cape Ann meeting houses shall be divided sixe miles to 
Ipswich & fower to Cape Ann where there are tenn miles and 
so by proportion where lesse that is of fifths: three parts to 
Ipswich for two to Cape Ann and where there is more then 
tenn miles the Remainder to lye to Jeofferys Creeke. this to 
be measured before the next Generall Courte." Accordingly 
the bounds between Cape Ann and Ipswich are: "at a white 
oake marked on fower sides about one hundred & twelue rods 
in a southeast & by east lyne betwixt the meeting house to the 
southward of chebeaque marshes and from theare by quarter- 
ing the Compasse by a southwest & by south and by a north 
east & by north line to be the bounds betwixt the two planta- 
tions." Copy made by Edward Rawson,t secretary. 

Copy of a record of the General Court held at Boston, May 

t Autograph. 



1679] RECORDS AND FILES 199 

15, 1672, by which Thomas Lawthrop and Joseph Gardiner, 
set the bounds between Glocester and Manchester at a meet- 
ing at the former place, Sept. 19, 1671, as follows: for Glocester, 
"we haue run a line upon a west southwest course from Glocester 
meeting house fower miles and there marked a Pyne tree 
which is the bounds at that place betweene the said Townes 
and from thence upon a streight Hne to a white oake which 
m^ Joseph Gardiner formerly sett for the bounds and from 
thence to another white oake tree at the Coming in of a little 
Creeke at the east end of a Beach and Manchester to end at 
the white oake which is by the said Beach and from the Aboue 
said tree Glocester to keepe the fower miles untill they meete 
w*'' Ipswich line." Copy made by Edw. Rawson,* secretary. 

Samll. Gatshell* and Thomas Nicklson* deposed that they 
found the bounds of Robert Knight's farm at Kittle Cove to 
begin "at the Little pond and from thence to a White Oake 
on the uper side of the Marsh and from thence ouer a plaine 
to a white oake marked on the brow of a Hill and from thence 
ouer the Hill on a straight Line to the next Brooke toward 
Gloster and by the Brooke side into the sea as may appear by 
the Records of Gloster: which we have compared with the 
said Markes and find them agreable." Sworn, Sept. 16, 1678, 
before Moses Mavericke,* commissioner. 

Copy of records of Gloscester, made June 13, 1679, by 
Thomas Riggs,* recorder: "llth3m°43. M' Richard Blyn- 
mans Farme four score Acres of upland att Kettle Coue giuen 
and the necke of Land beond the marsh and all the marshe if 
it bee not 30 Acres and if it be 30 Acres then to haue but 20 
Laid out and bounded from the Litle pond aioyninge to the 
sea and the necke beond the marsh and Two beach trees one 
by the rocke side by the pond and and the other neere to it 
and from there on a straight Lyne to a white oake marked by 
the first Coue side that goes into the marshe and soe on a 
straight Lyne to a white oake marked on the Brow of a hill 
att the hed of the plaine on this side the marsh and on A 
straight Lyne to the next brooke and so by the brooke side 
to the sea and all the marsh." 

Jams Stevens and Steven Glover deposed that when they 
were running the line, Manchester men said Gardner had 
power to make the bounds where he wished. Gardner replied 
that he did not come to meddle with the bounds of the farm 
that was given to Mr. Blinman, for he said that Robert Knight 
would keep the farm, let it fall on which side of the farm it 
would. He cited some land up toward Topsfeild. William 
Sargaint, sr., testified to the same. Sworn in court. 

William Sheldon and WiUiam Beale, accompanied by some 
Gloster men, Goodman Persons, Goodman Glover and Good- 

* Autograph. 



200 SALEM QUARTERLY COURT [June 

man Prince, at the request of Robert Knight, sr., of Marble- 
head, ran the line as follows: "wee began at Gloster meeteing 
house; wee set the Compass uppon a south weast pointe & 
so wee ranged the woods as neere the same pointe as possible 
wee could on y" same pointe till wee came to A greate Rock 
beinge on y^ north or north weast side or there aboute of A 
littlee ponde to the pointe of the same Rock, neere Adioyne- 
inge to the path which goeth betwixt manchester & Gloster, 
wee founde it by Measure from Gloster meeteing house to the 
Aforesayed rock beeinge measured as well as possibly wee 
Coulde ackcordinge to our best scill & iugdmente to bee fours 
miles in length from gloster meetinge house to y'' pointe of the 
Rock Aforesayed goodman persons & goodman Glover carried 
y^ line William Beale goodman Glover & goodman Prince 
kept y*" ackcounte & all Agred in theire reckoninge at y*" four 
miles end as aforesayed & y^ Aforesayed William Sheldon set 
the Compass & ran the range." They also testified that upon 
Apr. 5, 1679, Robert Knighte, sr., requested William Bennit 
and some others of Manchester who were selectmen of Man- 
chester to run the line between Manchester and Gloster, but 
they refused. Sworn, May 10, 1679, before Moses Mavericke,* 
commissioner. 

John Devoreux, sr., aged about sixty-four years, testified 
that about thirty-four years ago he cut hay in Kittell Cove 
marsh and was forbidden by Mr. Blinman, minister of Cape 
Ann, but they afterwards agreed. Tho. Bowen, at that time 
servant of Mr. Devoreux, testified to the same. Sworn in 
court. 

Samll. Gatshell,* mariner, testified that about seven years 
ago, he ran the line, etc. Sworn, July 17, 1678, before Moses 
Mavericke.* 

Anthony Day, aged about fifty-six years, deposed that 
when Mr. Blinman lived in Gloster, he had cleared the road 
several times for the surveyors, etc. William Sergaint, sr., 
testified. Sworn in court. 

Thomas Judkin, aged about fifty years, testified that he had 
worked on the roads and had marked trees and cleared the 
way to the pine hill on the westerly side of the little pond. 
Sworn in court. 

John Knight, aged about nineteen years, deposed that last 
summer he, his father Robert Knight and his brother Robert 
were at Kittell cove and saw Onisipras Allin and his brother 
William Allin mowing in his father's marsh. The Allins and 
Knights agreed when Samuell Leatch came up and Onisipras 
said "heare is a man that haue cutt a hundred courdes of 
wood upon yo"" land & you say nothing to him." Samuell 
Leatch replied that he had cut a great deal and intended to 

* Autograph. 



1679] RECORDS AND FILES 201 

Tho. West, John Sibly and John EUetrop, agents or attor- 
neys for the town of Manchester v. Robert Knight. Trespass. 
Verdict for plaintiff.* 

cut a great deal more. Robert Knight, aged about sixteen 
years, testified to the same. Sworn in court. 

James Stevens, aged about forty-eight years, testified that 
thirty years ago he helped clear the highway between Gloster 
and Manchester, etc. Sworn in court. 

William Beale, aged forty-nine years, deposed that about 
eighteen years ago, as the deputy of Mr. Samuell Archer, the 
marshal, he served an attachment upon some of the creek 
inhabitants, etc. Goodman Knight argued that what the 
creek men did upon his farm, they did it in "hagger mugger" 
and very dishonestly, etc. Sworn in court. 

*Writ, dated 16 : 4 : 1679, signed by Hilliard Veren.f for 
the town of Salem, and served by Henry Skerry,t marshal of 
Salem. Bond of Robard Knight. f 

John Norman and Ledia Bishop deposed that, in 1651, said 
Norman and Isaac Foot were employed by the town of Man- 
chester to look after cattle which were wintered upon the 
land now in controversy, etc. Sworn in court. 

John Sibly and Robert Leach deposed that the committee 
from the General Court who settled the bounds were Capt. 
Thomas Lathrope, Lt. Samuell Apleton and Mr. Joseph 
Gardner. Sworn in court. 

Samuell Leach and John Sibbly deposed concerning carry- 
ing away timber from the land. Sworn in court. 

Town of Manchester's bill of cost, 31i. lis. 2d. 

Copy of a record of the General Court at Boston, 13 : 3 : 
1640, made by Edward Rawson,t secretary: "The petition of 
the Inhabitants of Salem for some of their church to haue 
Jeofferys Creeke & land to erect a village there; for m' william 
Walton John Blacke Willi. Allen, Sam. archard George Norton 
& Compa what land & inlargement may be convenient, and 
is not granted to any other Plantation is granted them and It 
is referred to m'' John Winthrope Jun & M'' Symon Broad- 
streete to setle the bounds of the said village." 

William Walton,t John Blacke,t Willm. Allen, f Samuell 
Archard, t George Norton,! William Dicksie,t John Sibley,t 
James Standidg,t John Freind,t John Pickworth,t John Gally,t 
Benjamin Parmiter,t Robert Allen, f John Norman,t Edmund 
Grover,t Pascay Footef and Willm. Bennet,t "belonging to 
y" Church & Towne of Salem (being straitned in our accomo- 
dations, so y* we are not able comfortably to subsist, hauing 
advised & taken counsel about o"' present state & condition 

t Autograph. 



202 SALEM QUARTERLY COURT [June 

Benjamin Marshall v. Samuell Pipen. Trespass. Verdict 
for plaintiff. Appealed to the next Court of Assistants. 
Defendant bound, with Mr. Tho. Norman and Henry Williams 
as sureties.* 

it being iudged fitt, & free libertye being graunted us to re- 
moue, & no place being so convenient for o'' easy removal, 
as Jefferyes Creeke, lyinge so neere us, & most of us hauinge 
some small quantitye of ground alotted to us there alreadye:) 
doe therfore iontly & humbly request this Honored Court to 

giue us power to erect a village there to allow us such 

enlargement thereabouts, as is not graunted to any other 
plantation." Referred to Mr. John Winthrope, jr. and Mr. 
Symon Bradstreete to settle the bounds, 14 : 3 : 1640, and 
signed by Increase Nowell,t secretary, for the court. 

Samuell Allen and Roberd Leach testified. Sworn in court. 

Nicolas Vincson and Samuell Allen testified that the land 
had been enjoyed by inhabitants of the town of Manchester 
since 1640, etc. Sworn in court. 

On June 9, 1679, the town of Manchester appointed Thomas 
West, John Sible and John Eletrop as agents in this action. 
Copy made, June 20, 1679, by Sam. Freind,t clerk of the 
selectmen. 

*Writ: Benjamin Marshall v. Samuell Pippen; trespass; 
for felling and disposing of the timber that stood upon the land 
that Samuell Cogswell leased to Pippen, which lease was 
assigned to Benjamin Marshall, the latter having purchased 
said Cogswell's right; dated June 3, 1679; signed by Robert 
Lord,t for the town of Ipswich; and served by Robert Lord,t 
marshal of Ipswich, by attachment of a house of defendant 
on land that was formerly Samll. Cogswell's. Bond of Samuell 
Peppenf. 

Benjamin Marshall's and Samuell Pippin's bills of cost, 
41i. 9s. 

Copy of lease, dated Jan. 5, 1677, given by John Cogswell 
of Ipswich, administrator of the estate of Samuel Cogswell, 
late of Ipswich to Benjamin Marshall of Ipswich, shipwright, 
for money, goods and cattle, also one bill to discharge said 
Cogswell of the rent of the meadow at the Island to Abraham 
Perkins, and 5s., land in Ipswich beyond Chebacco river, 
except land at the Island sold to Abraham Perkins by Samuel 
Cogswell, it being a part of the farm his father had by lease 
of one thousand years from the town of Ipswich, bounded by 
Chebacco river on the northwest, John Cogswell's land on the 
northeast, from Wm. Tompsons corner, being a crotched 
maple tree marked on two sydes, and so running up to Gloster 

t Autograph. 



1679] RECORDS AND FILES 203 

Line, the next marked tree being an hemlock and three more 
white oakes, all marked with three notches on either syde on a 
strait lyne from tree to tree Gloster Lyne on the east as it is 
bounded in the grand lease common Lands at Ipswich toward 
the south, William Andrews land toward the west;" he was 
to pay to John Cogswell for the use of the school of Ipswich 
yearly 46s. 8d., in butter, cheese, beef, corn, etc. Wit: Wil- 
liam Goodhue, jr., and Phillip Fowler. Sworn, Feb. 28, 1677, 
before Daniell Denison. Recorded, Mar. 5, 1677, and copy 
made by Robert Lord,* recorder. 

William (his mark) Story, sr., and Thomas Low* testified 
that they appraised the damage to the land, being rocky and 
swampy and not fit for corn nor cleared of anything but the 
timber, in timber that might have been used to make boards 
at 241i., and two pine trees for mainmasts, one for a ship and 
the other for a ketch, and nine pine trees more for masting, 
yards, bowsprits and windlasses for two vessels at 31i. 4s., 
seven great white oaks appraised at Hi. 8s., one tree for posts, 
2s., three poplar trees, 6s., two maple trees at 5s. Damage 
by cutting down several thousand young trees for hoop poles 
which they found lying on the ground, the stumps of many of 
them about four feet high. The total damage was 311i. 5s. 
Sworn, June 21, 1679, before Daniel Denison.* 

Daniel Denison's* order, dated Oct. 6, 1679, to Mr. Veren 
to deliver the original lease to Benjamin Marshal. 

Isaac Foster, aged twenty-three years, deposed that Samuell 
Pepene told him that Benjamin Marshall intended to turn 
him out of the farm, etc. Sworn, June 21, 1679, before Daniel 
Denison.* 

The four pine trees that William Thomson had of Pipin 
were not included in the appraisement. 

John Cogswell,* on June 21, 1679, discharged Samuell 
Pipin of all damages on the land that was his brother, 
Samuell Cogswell's, by felling timber before June 1, 1677. 
Wit: Thomas Low* and William Goodhew.* Sworn, June 
21, 1679, before Daniel Denison.* Owned, June 23, 1679, 
by John Cogswell before Daniel Denison.* 

Robert Cross, jr., testified that Pepen told him that he 
would hire a man to cut all the timber on the farm on purpose 
to destroy it if it cost him ten pounds, for he was resolved to 
make a devil of Ben. Marshall before he had done with him. 
Sworn, Apr. 12, 1679, before Daniel Denison.* 

Robert Cross, jr., testified that he heard Samuell Pepen 
give Ben. Marshall leave to cut timber when the latter was 
building his sloop. Also that Pepen sold deponent a canoe 
tree that grew upon the north side of a hill amongst ledges 
of rocks. Sworn, Apr. 12, 1679, before Daniel Denison.* 

* Autograph. 



204 SALEM QUARTERLY COURT [June 

Phillip Prance and Rachell, his wife v. William Lattamore. 
Slander. Verdict for plaintiff. Withdrawn. 

John Choube testified that he went with Marshall to that 
part of the farm called the new pasture, etc. Sworn, May 23, 
1679, before William Browne,* commissioner. 

William Androws testified that he helped Pipin cut and 
carry away fifteen or sixteen thousand feet of boards, also 
staves which were made from the oak trees, etc. Sworn, 
June 21, 1679, before Daniel Denison.* 

Samuell Pepon, aged about thirty-five years, deposed that, 
when Cogswell let him his land in 1673, he said that his bound 
between his land and Ipswich common, at the corner next 
Gloster line, was a pitch pine tree. Samuell Cogswell also said 
that when he sold Corporal Andrewes' land which is now 
William Andrews' they would not have the land laid out until 
they knew his bounds, and then in 1671 the selectmen came, 
ran the line and marked a pitch pine at the fresh meadow side. 
Samuell Cogswell also said that in 1672, men came and marked 
a maple tree, which he protested against as a bound tree. 
Sworn, June 19, 1678, before Daniel Denison. Copy made by 
Hilliard Veren.* 

John Cogswell and William Goodhew, jr., testified that 
Story and Low showed them the trees felled from the head 
of Witreg's creek to the maple tree. Sworn, June 23, 1679, 
before Daniel Denison.* 

John Burnum, jr., deposed that of the logs that Samuell 
Pippen brought to his father's sawmill, his father was to have 
half of the 4,000 feet which they made. Jeams Coalman 
helped draw some of the logs. Sworn, June 21, 1679, before 
Daniel Denison.* 

Shoreborne Willson testified that Pepin sold him white 
oak timber enough to make 4,000 barrel staves and heading 
in Aug., 1677. Sworn, June 21, 1679, before Daniel Denison.* 

William Story, sr., and Thomas Low, sr., deposed that they 
did not appraise any rail timber or cord wood, etc. Sworn, 
June 21, 1679, before Daniel Denison.* 

Samuell Story testified that his father and Thomas Low, sr., 
appraised the damage, and he helped them, etc. Sworn, 
June 21, 1679, before Daniel Denison.* 

William Thomson deposed. Sworn, June 21, 1679, before 
Daniel Denison.* 

James Collman testified to helping Pipin, etc. Sworn, 
June 21, 1679, before Daniel Denison.* 

William Thomsonn, aged thirty years, William Story, sr., 
and Thomas Low deposed. Sworn, June 21, 1679, before 
Daniel Denison. 

* Autograph. 



1679] RECORDS AND FILES 205 

Daniell Gott v. William Lake. Debt. Defendant died 
before the case was called.* 

Andrew Woodberye v. Thomas Greshon. Withdrawn.! 

Walter Fairefeild, attorney to Wm. Browne, sr., executor 
of the will of Samuell Smith v. Richd. Hutten. Verdict for 
defendant. Appealed to the next Court of Assistants. Said 
Fairefeild bound, with Tho. and Nathaniell Jacob as sureties.^ 

*Writ, dated 25 : 2 : 1679, signed by Hilliard Veren,§ for 
the town of Salem, and served by Ja. Poland,§ constable of 
Salem, by attachment of the orchard of defendant. 

fWrit: Andrew Woodbery v. Thomas Greshon; for fradu- 
lently carrying away William Hiens out of the country after 
he was legally warned to the contrary, said Hiens being a 
servant to said Woodbery, and Greshon concealing him on 
board when he was being searched for; dated Mar. 27, 1679; 
signed by Ephraim Turner,§ for the town of Boston; and 
served by Joseph Webb,§ marshal of Suffolk, by attachment 
of the dwelling house of defendant. 

IWrit: Walter Fayerfield, attorney to Mr. Wilham Browne, 
sr., executor of the will of Mr. Samuell Smith v. Richard 
Hutten; for mowing 3 acres of meadow and swamp that be- 
longed to said Smith, and on the west side of the river, a part 
of the land that was Jams Smith's, and using it as his own; 
dated 17 : 4 : 1679; signed by Hilliard Veren,§ for the town 
of Salem; and served by Charles Gott,§ deputy for Henry 
Skerry,§ marshal of Salem, by attachment of the houses and 
land of defendant on the north side of the country road. 

Walter Fayerfield's bill of cost, 31i. 4d. 

Richard Hutten's bill of cost, 15s. 

Copy of will of Samuel Smith made by Hilliard Veren,§ 
cleric. 

John Poland testified that Hutten had enjoyed the swamp 
in controversy about twenty-three years. Sworn in court. 

Deed, dated 29:3:1656, given by Samuell Foster] | of 
Wenham to Richard Hutten of Wenham, for 91i. 5s., five 
acres of upland, with a boggy swamp adjoining, in Wenham, 
bounded by the late John Fayerfield's farm on the northeast, 
the meadow on the southeast, land belonging to Mr. Brown's 
farm on the southwest and upon the highway on the northwest; 
also 10 acres of upland, 3 1-2 acres of meadow in Wenham, 
bounded by Austen Killim's land on the east, Hutten's land 
on the north, Mr. Fiske's meadow on the southwest, "the 
Aforesaid medow Lyeth in two pcills: two Akres wherof 
Lyeth in Common with four Akres more Bounded By the 
Abouesaid Ten Akres of upland Northward & m' fiskes medow 

§ Autograph. || Autograph and seal. 



206 



SALEM QUARTERLY COURT 



[June 



westward: the other Akre & an halfe Lyeth within the Great 
medow Bounded By the Great Swampe on the East & on 
Robert morgins medow on the west & upon Late John Fair- 
fields medow on the south & upon the Aforesaid Richard 
Huttun's medow on the North." Wit: Thomas Fiske* and 
Thomas White.* Acknowledged by Samuel Foster, 9 : — : 
1658, before Daniel Denison.* 






^ 







Allexander Maxey, aged about forty-five years, deposed 
that he lived about nineteen years on the farm that Mr. Wil- 
liam Browne, sr., of Salem had the disposing of, which is said 
to be the land that was Mr. Samuell Smith's, and in that part 
of it was that formerly James Smith's. The meadow that 
lay by the river was part of that meadow or swamp that is 
called the Beaver Hole meadow, which meadow he had enjoyed 
with John Killam until about nine years ago. Richard Hutten 
desired deponent to allow him to mow the meadow and he 
would pay him, but after he let him have it, deponent said 
he would mow it himself, whereupon Hutten told him not to 
meddle with it for he had possession of it. The land is bounded 
on the east with the river, on the north with a little brook 
between Walter Fairefeild's meadow and the land itself, on 
the south with the upland and on the west with Bever hole. 
Sworn in court. 

Copy of depositions in a similar action, 25 : 4 : 1678, made 
by Hilliard Veren,* cleric. 

Thomas Hobbs, aged about fifty-four years, deposed that 
about twenty-eight years ago, Roberd Haws lived at Wenham 

* Autograph. 



1679] RECORDS AND FILES 207 

Mr. Wm. Longfellow v. Ezekiell Northen and John Pickard, 
ST., of Rowley, as lot layers and men appointed by the town to 
divide land. Verdict for plaintiff, the land in controversy, 
viz., the proportion of land in Merimak that belongs to the 
three acre lot in Rowley town according to town order. Ap- 
pealed to the next Court of Assistants. Defendants bound, 
with Nehemiah Juett and Daniell Wicom as sureties.* 

in John Fayerfield's house and improved the land and two or 
three years following, deponent mowed for said Haws to the 
south as far as a little run that comes out of Beaver hole 
meadow and to the west to the bushes about 40 rods, etc. 
Sworn in court. 

Mathew Edwards, aged about forty-seven years, deposed 
that when he lived with his uncle John Fayerfield at Wenham 
thirty-eight years ago, said Fayerfield and Mr. Joseph Bach- 
elder owned the ten acres that had been Samuell Aborn's, 
which his father Jams Smith was said to have given him out 
of his farm of eighty acres and there was no meadow belong- 
ing to it then. Afterward he helped Peter Paulfry and Rich- 
ard Pettingell about twenty-seven years ago to divide this 
land, they then being the owners, and there was neither swamp 
nor meadow on the south side, etc. Sworn in court. 

Thomas Fisk, aged about forty-nine years, and Thomas 
Pach, aged about forty years, deposed. Sworn in court. 

John Killam, aged about fifty-two years, deposed that he 
hired of his brother Richard Hutten the third of the farm 
which Mr. William Brown let to Alexander Maxey and him- 
self, and from the west side of the river down to the brick- 
kiln, etc. He mowed the meadow twenty-three years. Sworn 
in court. 

Walter Fayerfield, aged about forty-eight years, deposed. 
Sworn in court. 

John Kilam, aged fifty-two years, deposed that Richard 
Hutton had possessed Beaver hole swamp for more than twenty- 
three years. Sworn in court. 

*Writ: Willm. Longfellow of Newbery v. John Pickard, sr., 
and Ezekiel Northen of Rowley, lot layers, appointed to 
divide land to the value of 35011.; for not laying out his pro- 
portion of land called Merrimack land, according to town 
order of Dec. 20, 1658, which belonged to the right of Mr. 
Henery Sewall, sr., and was purchased by him of Mr. Edward 
Carleton of Rowley, and conveyed by Sewall's heirs to said 
Longfellow; dated June 19, 1679; signed by Thomas Leaver,! 
clerk of the writs for Rowley; and served by Jeremiah Els- 

t Autograph. 



208 SALEM QUARTERLY COURT [June 

worth,* constable of Rowley, by attachment of houses and 
land of defendants. 

Defendants' bill of cost, copy of Mr. Worcester's deed, etc., 
21i. 17s. 

William Longfellow's bill of cost, 21i. 16s. 

John Burbank and Amie Cooper, both of Rowley, deposed 
that Thomas Sumner was both a purchaser and an inhabitant 
in Rowley and Thomas Elithrop married Thomas Sumner's 
widow and lived several years in the same house which was 
Sumner's. Also that Elithrop had purchased land in Rowley 
before he married her. Sworn in Ipswich court, 26 : 1 : 1672, 
and copy made by Robert Lord,* cleric. 

Jeremiah Elsworth, constable, deposed that he saw Mr. 
William Longfellow tender 3s. of money at the hands of Ezekeel 
Northend for pay for one day's work on land he desired to be 
laid out at Miremake which was received by one of his daugh- 
ters, also 3s. at the hands of John Pickerd said Longfellow 
tendered, etc. Sworn, June 24, 1679, before Jo. Woodbridg* 
and William Browne,* associates. 

Receipt, given by Ed: Carlton* to Mr. Henry Sewall, sr., 
for 451i., for houses, land and commonage. 

Ezekiell Northend and John Pickard testified that the land 
which Mr. Henry Sewall sold to Samuell Worcester was the 
same land that they as lot layers laid out to Mr. Edward 
Carlton, and now sued for by Mr. Longfellow. Sworn in 
court. 

Andrew Hidden, aged about fifty-five years, deposed that 
Mr. Henry Sewall, sr., died possessed of the house which was 
formerly Mr. Edward Carlton's, and for several years in his 
lifetime improved his gates both in the common and ox- 
pasture by keeping a flock of sheep upon them. Sworn, 
June 24, , before Jo. Woodbridge,* assistant. 

Robert Lord, cleric, certified that in Mr. Henry Seawall's 
inventory on file in Ipswich court records of his estate at 
Rowley there were nine gates appraised by Joseph Jewett, 
Mathew Boyce and John Tod, which inventory was delivered 
into court Mar. 25, 1656. Copy made by Hilliard Veren,* 
cleric. 

Edward Carleton of Rowley certified that he sold to Mr. 
Henry Sewall, sr., of Newbery one dwelling house, barn and 
other houses, with three acres of land, in Rowley, nine gates 
in the town commons, which he had liberty to stock with 
four-score sheep or other cattle, six gates were in the cow walk 
and three in the oxpasture. Wit: John Smith. Copy made 
by Hilliard Veren,* cleric. 

Copy of deed, dated Jan. 1, 1677, given by Mr. Henery 
Sewall of Newbery to Willm. Longfellow of Newbery, all 

* Autograph. 



1679] BECORDS AND FILES 209 

John Pickard and Ezekiell Northend, in behalf of the town 
of Rowly V. Wm. Longfellow. Review. Verdict for defend- 
ant, confirmation of the former judgment. Appealed to the 
next Court of Assistants.* 

the interests of Henry Sewall, sr., in land in Rowley, with 
gates. Wit: Stephen Sewall and Jane Sewall. Acknowledged, 
Sept. 30, 1678, before Jo. Woodbridge, commissioner. Re- 
corded, Oct. 3, 1678, at Ipswich, book, 4, page 192, by Robert 
Lord, recorder. Copy made by Hilliard Veren,t cleric. 

Moses Gerrish, John Acie and Philip Nelson testified that 
upon Apr. 26, 1679, they were desired to go with Longfellow 
when Henery Williams, the marshal's deputy of Boston, came 
to Rowlej' to serve the execution, and Goodman Pickard and 
Goodman Northen desired the marshal to go to the end of 
the town and deponents went with them. Pickard showed 
Williams the town's common and said it extended from the 
end of the town five miles and bade him extend his execution 
for nine gates there, but Longfellow said he would have but 
six gates there and three in the oxpasture. Sworn, June 23, 
1679, before Jo. Woodbridge,t commissioner. 

*Writ, dated Apr. 8, 1679, signed by Thomas Leaver,t clerk 
of the writs for Rowley, and served by Nehemiah Jewett,t 
deputy for Robert Lord,t marshal of Ipswich, by attachment 
of the nine gates. Bond of Philip Nellson,t Moses Gerrishf 
and Willm. Longfellow. t 

Bill of costs of plaintiff, 31i. lis. 

Willm. Longfellow's bill of cost, 21i. 12s. lOd. 

Copy of papers in a similar action brought, 26 : 9 : 1678, 
in Salem court, made by Henry Williams, f deputy marshal of 
Suffolk. 

"According to the order made in the yeare: (1650) that the 
fences in all common feild about or belonginge to the Towne 
of Rowley should be diuided accordinge to proportion of lande 
and meadows and the quantity with marks of severall num- 
bers to deserne euery mans owne fence by: accordingly the 
Northeast feild fences with some others were proportioned, 
and deuided by Deacon Mighill, Joseph Jewet, Richard 
Swan, and John Smith: endinge at Number one and so up- 
ward." The marks are as follows: I, to Mr, Carleton, 30 
rail lengths; II, to Mr. Ezekiell Rogers, 51 rail lengths; III, 
to John Scailes, 17 rail lengths; IV, Richard Swan, 15; V, 
Thomas Crosbee, 14; VI, Thomas Tenny, 12; VII, John 
Smith, 15; VIII, John Trumble, 9; Villi, Thomas Leaver, 9; 
X, John Smith, 15; XI, Mr. Sewall, 8; XII, Francis Parrat, 
20; XIII, Thomas Crosbee, 15; XIIII, Roger Swan, 8; XV, 

t Autograph. 



210 SALEM QUARTERLY COURT [June 

Thomas Crosbee, 15; XVI, William Asee, 31 [''reade XXVII 
lengths," in margin]; XVII, Abell Langley, 17; XVIII, 
James Baley, 8; X Villi, Marke Prime, 6; XX, Thomas 
Miller, 6; XXI, William Law and Richard Longhorne, 15; 
XXII, Thomas Abbot, 15; XXIII, John Johnson, 16; XXIIII, 
widow Lambert, 14; XXV, Thomas Mighill, 7; XXVI, Mrs. 
Margery Shore, 16; XXVII, Elder Ranor, 26; XXVIII, 
William Tenny, 8; XXVIIII, John Pearson, 2; XXX, Ed- 
ward Sawyer, 4; XXXI, Thomas Miller, 10. These begin at 
Mr. Carleton's ground at the bridge at the town end and go 
to the 140 rod of the field fence which is to be made and main- 
tained by the ox pasture proprietors. Note. The 3d, 4th 
and 5th numbers are to be read instead of what is 17, 15 and 
14. 

The 140 rod of the field fence which they who have gates in 
the ox pasture are to make and maintain, is numbered as 
follows. There are several marks which are set at end of 
every man's proportion: I, to Mr. William Bellingham, 31 
rail lengths; II, Abel Langley, 6; III, John Lambert, 12; 
IIII, John Johnson, 6; V, John Scales, 6; VI, Francis Parrat 
6; VII, Mr. Sewall, 12; VIII, William Asee, 6; Villi, Mr. 
Carleton, 6; X, Thomas Tenny, 6; XI, Thomas Crosbee, 6; 
XII, John Smith, 6; XIII, Richard Swan, 9; XIIII, Edward 
Hazen, 3; V, Mr. Ezekiell Rogers, 19; VI, Mr. Thomas 
Nellson, 31; VII, Thomas Crosbee, 13; VIII, Ezekiell North- 
en, 6; Vim, Richard Holms, 3; XX, Richard Longhorne, 3; 
XXI, William Law, 3; XXII, John Tod, 3; XXIII, John 
Pallmor, 3; XXIIII, John Harris, 3. 

The fence between the ox pasture and meadow, which is a 
two-rail fence at the further side of the ox pasture to the mill- 
ward. These are the several proportions, every ox gate two 
rail lengths and every acre of meadow four and a half. The 
several marks are at the end of every man's fence, as Mr. 
Sewall ends at mark one (I) and so the rest follow in several 
numbers: I, Mr. Sewall, 8 rail lengths; II, Francis Parrat, 4 
rail lengths; John Johnson, 4; William Asse, 4; widow Lam- 
bert, 8; Abell Langley, 4; Richard Holms, 2; Ezekiell North 
en, 4; Richard Longhorne, 2; William Law, 2; John Tod, 2 
John Pallmor, 2; John Harris, 2; Mr. William Bellingham, 20 
Mr. Ezekiell Rogers, 12; Edward Hazen, 2; John Smith, 4 
John Pearson, 18; Mr. Edward Carleton, 30; XXI, Robert 
Swan, 4 1-2 and Richard Swan, 17 1-2; XXII, William Boin- 
ton, 9; XXIII, William Tenny and Thomas Tenny, 9; and 
XXIIII, John Scales, 13; XXV, John Trumble and Thomas 
Leaver, 9; XXVII, Thomas Crosbee, 31 rail lengths to the 
river. Copy made, June 21, 1679, from the record of lands 
of Rowley town, by Philip Nellson,* recorder. 

* Autograph. 



1679] RECORDS AND FILES 211 

Copy of a record by John Johnson of a general town meet- 
ing, Jan. 8, made Feb. 5, by HiUiard Veren,* cleric, in which 
Henry Sewall petitioned that the town records be examined 
to determine his rights in the ox and cow gates of Rowley. 

"At a legall Towne meeting held the 4 of y« 11 month 1673 
Captain brocklebanke John Pickard Ezekiell Northend Rich- 
ard Swan and John Tod were chosen as a comitte for the 
proportioning of the fence belonging to the feild comonly 
called the northeast feild acording to lands lying theirin on 
this side the sandy bridg and to ly to the oxpasture its share: 
upon the 24 of february 73 Edward hazen was chosen to be of 
this comite instead of Richard Swan 

''at a legall Towne meting it was voted and agreed that the 
fence betwixt the oxpasture and the northeast feild should be 
diuided and continued a hue Raill fence the oxpasture doing 
one halfe of it at one end and the Rest of the fence for the 
security of the comon feild to be made a hue Raill fence or 
that which is equivalent to be diuided and proportioned 
acording to the land in the feild on this side the sandy bridge 
this was voted and passed on the affirmative on the 20 of 
february 1673 

"At the same Towne meting it was agreed and voted that 
the comon feild should do that end of the fence next the Riuer 
betwene the oxpasture and the feild: John Acy entred his 
disent against this vote." Copy from the town book of 
Rowley, June 23, 1679, by John Johnson,* keeper of the book, 
and Abell Langley.* 

Copy of records of house lots at Rowley, taken June 20, 
1679, by Philip Nellson,* recorder: to Mr. Edward Carleton, 
three acres bounded south by the street, west by the common 
and by Mr. Henry Sands' house lot; to Mr. Thomas Mighill 
three acres bounded west by the highway and a small parcel 
lying in common, part of it being on the north side of the 
street and part on the south. Record of the division of Merri- 
mack land as laid out in 1658 by Joseph Jewett, Ezekiell 
Northen, John Pickard and John Smith: laid out to widow 
Mighill of Rowley 215 acres bounded by Merrimack river, 
on the north b}' Thomas Kimball and partly on Johnson's 
pond; on the east by the commons of Rowley; on the south 
by John Watson's; on the west 72 poles in Merrimack river, 
the northeast corner being a birch by the side of said river, 
from thence it runs 143 poles to a white oak, then 420 poles 
to the southwest corner which is 70 poles wide from Johnson's 
pond, the northeast corner is a pine tree with a heap of stones, 
thence it runs 144 poles to a white oak, at this place being 56 
poles wide, then 333 poles to a great white oak at Johnson's 

* Autograph. 



212 SALEM QUARTERLY COURT [June 

pond, there being an angle on each side, but it runs in a direct 
line from angle to angle. 

Record of the fence belonging to the proprietors of the east 
end ox pasture, being half the fence between the field and the 
ox pasture, the mark at the end of every man's fence, Richard 
Swan beginning at the corner by the ox pasture gate and 
ending at mark I; Richard Swan, 9 rods, 2 feet, I; Tho. 
Nelson, 9-2-II; Mrs. Rogers, 18-4-III; Mr. Philip Nelson, 
12-3-IIII; Edward Hazen, 9-2-V; Ezekiell Northend, 12-1- 
VI; Samuell Mighell, 8-lh-VII; John Pearson, 9-0-VIII; 
William Law, 4-9-IX; Mr. Philips, 9-0-X; John Tod, 3-9-XI; 
John Acy, 12-4-XII; John Palmer, 18-6-XIII; John Scales, 
9-3-XIIII; John Haris, 6-lh-XV; Thomas Leaver, 6-lh. 
XVI; Thomas Teny, 9-3-X VII; Richard Holms, 6-lh.-X VIII; 
Parrat's children, 18-4-XIX; Henry Riley, 6-lh. XX; widow 
Law, 6-lh-XXI; Simon Chapman, 3-9 inch. -XXII; John 
Johnson, 3-9 inch-XXIII; Abraham Haseltine, 5-lh.-XXIIII; 
James Baly, 6-lh.-XXV; William Teny, 9-2-XXVI; Abell 
Langley, 6-lh.-XXVII; Mark Prime, 6-lh.-XXVIII; John 
Lambert, 12-3-XXIX. Divided by Ezekiell Northend, John 
Tod, John Palmer, John Johnson and John Acy appointed by 
Rowley, Mar. 7, 1673-4. Copy made by John Johnson,* 
keeper of the book, and Abell Langley.* 

Copy of the rates of old Mr. Sewall who lived and died in 
Rowley: 9 mo. 1641, 14s.; 10:9:1650, lis. 9d.; 3 mo. 
1651, 10s.; 10 :9 : 1651, 10s. 4d.; 1:3: 1652, 9s. 3d.; 10 
9 : 1652, 10s.; 3 mo. 1653, 8s.; 10 : 9 : 1653, 5s. 5d.; 1:2 
1654, 4s. 7d.; 16:9:1654, 4s. 4d.; 17:3:1655, 5s. 4d 
8:10:1655, lis.; 5:3:1656, 6s.; 24 : 9 : 1656, 4s. 4d 
for his house; 26 : 3 : 1657, 4s. for his house. Copy made 
by William Tenny,* keeper of the ministry book. 

At a town meeting Feb. 17, 1661, it was voted that the 
division should be to every one gate one acre of land. On 
Nov. 26, 1662, Richard Swan, Samuell Brocklebanke, Ezekiell 
Northend, John Pickard and William Sticknee were appointed 
to lay it out. For the division, "the east end of the Towne to 
begin furthest of at the neerest land, and to have each man 
his half proportion of land laide out." Copy made, June 23, 
1679, by Philip Nellson,* recorder. 

"It is ordered that if any mans cattle be found upon the 
commons aboue his proportion at any time not haueing hired 
gates of some other he shall be lyable to pay foure shillings 
six pence a beast prouided that if he shew to the ouerseers a 
note under the hand of the man of whom his pasture was 
hired it shall satisfy to saue his fine and all that do hire gates 
of the Towne shall pay one shilling sixpense agate, it is also 
ordered that such as do not exced their proportion of gates 

* Autograph. 



1679] RECORDS AND FILES 213 

and yet improue at certaine times their intrest in whoU or in 
part those persons shall giue to two of the selectmen the 
number of cattle they take of and the time when and if they 
do not faithfully obserue so to do they shall be dealt with as 
breakers of their abouesaid order." Copy from the town 
book, June 23, 1679, by John Johnson* and Abell Langley.* 

At a Rowley town meeting Apr., 1679, John Pickard, 
Ezekiell Northend and Daniell Wicam were chosen as attorneys 
for the town of Rowley in this action pending between the 
town and William Longfellow. Mr. Nelson, John Acie, Abra. 
Jewett, Andrew Hidden and Wm. Boynton dissented. Copy 
made by John Johnson* and Abell Langley.* 

It was ordered by the town of Rowley in 1648 that the 
commons should run five miles from the town every way 
where they had propriety if they were not laid out to any par- 
ticular person. In order that every man should have an 
equal share, each acre and a half lot was to have one gate and 
a half, also every half two-acre lot was to have two gates and 
a quarter. Every two acre lot was to have four gates and 
one-half. Every three acre lot was to have thirteen gates 
and one-half. Every four acre lot was to have twenty-two 
gates and the six acre lots, forty-five gates. Copy made by 
John Johnson* and Abell Langley.* 

John Johnson and John Pickard deposed. Sworn in court. 

John Acey testified. Sworn in court. 

Copy of inventory of Mr. Sewall's estate made by Robert 
Lord,* cleric. 

Mr. Henry Short is debtor to Mr. Henry Sewall for what 
he had of the said Henry Sewall's estate from Sept. 29, 1650 
to Sept. 29, 1658, for 8 yeares rent to 29 Sept., 58, of his farm 
at the falls at 141i. per Annum, 1121i.; for 4 yeeres Rent of a 
smale farme that Tho. Browne and Jno. Wright had to Sept. 
54, at 91i. 10s. per Annum, 381i.; for 4 yeeres Rent more of 
said farme of Thomas Browne to Sept. 58, at lOli. 10s., per 
Annum, 421i.; for the Rent of two Cowes from John Cheter 
for one yeare, 21i. ; another Cowes Rent for one yeare, 15s.; 
two Cowes sold to John Chater, 9H. 10s.; a debt received 
from John Remington, 41i.; a debt of Mrs. Noyesse, Hi. 5s.; 
debt reed, out of Mrs. Gibbens estate, 61i.; for the Rent of 
thirty pound in cattle for one yeare, 21i. 10s.; total 21811. 

Henry Short debtor to Hen. Sewall as administrator, from 
Mar. 27, 1656: houses, lands and goods he reed, into his cus- 
tody as per Inventory, 33911. 6s. 4d; Improvement of Sheepe 
acknowledged and given in, 6H. 14s. ; what he Reed of severall 
tennants for Rent of ye lands lately his fathers for 3 yeeres 
Dan. Thurston, Jno. Poore and Joseph Plummer, 24U. 12s.; 
total, 370H. 12s. 4d. 

* Autograph. 



214 SALEM QUARTERLY COURT [June 

Creditor : for digging a well at the litle farme and for bucket 
staves, 31i. 15s.; pd. to Rich. Bartlet for defect of 2 acres of 
land, 21i.; to Wm. Titcombe about fencing ye orchard, in 
wheat 40s. in money, 5s.; to Goodman Pearse for the Hire 
of a Horse, 5s.; for Beife for his father, 5s. 6d.; by Mr. Long 
in England, 51i.; for building at the farme, 281i.; for abate- 
ment for losse of an ox taken for Rent, 21i. ; for Catle dd to 
Jno. Davis to pay Rent for for which security is taken, 301i.; 
what was pd into Mr. Broughton to be received by bill of 
exchange, 411i. 4s.; for sallery for and about ye above men- 
tioned premisses, lOli.; for a cow that died in Jno. Chaters 
hands, 5li. 5s. ; Rest due from ye said Henry Short to Balance, 
881i. 6s.; total, 2181i. 

Per contra Henry Short is Creditor and ought to have by 
the houses & lands dd him as prized in the Inventory, 2141i., 
by debts paid out of the Inventory, 641i. 5s. Id.; fetching of 
sheepe from Ipswich & pasturing ym. 7 weeks, 21i. ; By letters 
of Administration, Copy Invt., fees of court &c., 7s.; By what 
is allowed him for his paines for 39 days time about it & expenc 
in that time, 81i. ; By procuring two deeds lemon water thatch 
& messengers, 15s. 6d.; total, 2891i. 15s. 7d.; Rest due from 
Henry Short, 801i. 

Award, dated Sept. 13, 1659, made by Richard Collecott,* 
and Thomas Savage, in relation to the differences between 
Mr. Henry Short and Mr. Henry Sewall: that Henry Short 
should pay to said Sewall at the house of Anthony Somerby 
401i. in three bills of exchange, drawn by Mr. Jno. and Mr. 
Richard Cutts of Portsmouth or Strawberry Banck and 
charged on a sufficient person in London to be sent in the 
next ship that goes hence after Capt. Pearce in London at 
forty days sight and forty pounds more in good bills by the 
next ship. In the second account as before shown, they 
found Short indebted to Sewall 801i. 16s. 9d. 

Copy of deed, dated May 1, 1662, given by Henry Sewall 
of Newbury, gentleman, and wife Jane, for 701i., to Samuell 
Worster of Salsbury, yeoman, 400 acres of upland and 4 acres 
of meadow in Rowley, 200 acres of it having been purchased 
of Joseph Jewett, late deceased, and Mr. John Carlton, butting 
on Merimack river northwest and Mr. Crosbie's land westerly, 
the breadth next Merimack river being 30 rods and 50 rods 
broad toward Crane meadow; also 100 acres being formerly 
purchased of Mr. Anthonye Crosbie, lying on the easterly 
side of the land of Robert Swann, being 15 rods broad next 
Merrimac river and 25 rods broad at the other end; also 
4 acres of meadow at the west end of Marke Prime's meadow, 
the west end butting on the upland and the other end next a 
swamp on the north and upland on the south; also 100 acres 

* Autograph. 



1679] RECORDS AND FILES 215 

of upland lately purchased of Richard Thurley butting on 
Merrimack river northwest, bounded with the land of Francis 
Parrot, late deceased, being 15 rods broad next Merrimack 
river and 25 rods broad at the other end toward Crane meadow, 
with all the wood, trees and timber, etc. Wit: Tho. Brad- 
bury, Wm. Titcomb and John Hale. His wife Jane Sewall 
released her dower, 7:3: 1663, before Samuell Symonds. 
Recorded July 5, 1670, book 3, page 155, and copy made by 
Robert Lord,* recorder. 

Abraham Jewit deposed that Mr. Henry Sewell, sr., died 
possessed of the house that was formerly Mr. Carlton's and 
Mr. Sewall in his lifetime improved his gates in the common 
and ox pasture by keeping a flock of sheep upon them. Sworn 
in court. 

Robert Walker of Boston, linen webster, aged about seventy- 
two years, testified that about fifty-six years ago, living with 
his father in the town of Manchester, Lancashire, England, 
he knew one Mr. Henry Sewall, who lived in the same town 
and in the same street with his father, who was "his over- 
thwart neighbour." Afterward said Sewall removed with his 
family to New England and dwelt in Newbury, deponent being 
well acquainted with him after his coming to New England 
and was frequently visited by him when occasion drew him 
to Boston. Also that Mr. Henry Sewall now living at New- 
bury, whom deponent had known from his youth, is the only 
son of said Sewall. Sworn, Apr. 10, 1679, before Simon 
Bradstreet,* dep. Gov., and Daniel Gookin, sr.,* assistant. 

Samuell Worster deposed that Mr. Sewall told him that he 
bought Mr. Edward Carlton's right of Merrimack land of 
Mr. Jno. Carlton, Edward's son, etc. Elizabeth Worster 
testified to the same. Sworn, June 21, 1679, before Nath. 
Saltonstall,* assistant. 

Edward Rawson, of Boston, aged about sixty-four years, 
testified that he formerly dwelt at Newbury and for twelve 
or thirteen years he was well acquainted with Mr. Henry 
Sewall, sr., who in his later years removed to Rowley where 
he died. Also Henry Sewall, jr., returning from England 
after his father's decease, called Henry Short of Newbury, 
his attorney, to account for the settlement of the estate. 
Their differences were referred to the final award of Major 
Tho. Savage, Mr. Richard Collucut and deponent, which was 
dated Sept. 13, 1659. Sworn at Boston, June 18, 1679, before 
Wm. Hathorne,* assistant, and Nath. Saltonstall,* assistant. 

George White deposed that about Nov. 20, he was at Ezekiell 
Northen's house and helped measure two bushels of Indian 
corn which Longfellow left as pay for the laying out. Sworn 
before Daniel Denison. Robert Lord testified that he saw 

* Autograph. 



216 SALEM QUARTERLY COURT [June 

Hugh March, sr. v. William Hilton. Verdict for plaintiff, 
10,650 feet of merchantable boards according to bill.* 

the corn tendered on Nov. 25, 1678, to Jon. Pickard. Sworn 
in court. Copy made by Hilliard Veren,t cleric. 

*Writ: Hugh March, sr. v. Mr. William Hilton and Mr. 
Sam. Hilton; for withholding 10,000 pine boards; dated May 
28, 1679; signed by Jo. Woodbridge,t commissioner, and 
served by Henry Dow,t marshal of Norfolk, by attachment 
of the dwelling house and land of defendant. 

Hugh March's bill of cost, 21i. 14s. 8d. 

Copy of Salisbury court record of Apr. 8, 1679, in a similar 
action, made by Tho. Bradbury,t recorder. 

Writ, for a similar action brought June 6, 1679, signed by 
John Gillman,t for the town of Exeter, and no return made. 

Copy of a General Court order, signed by Increase Nowell, 
secretary, made at Dover, 20 : 11 : 1676, by William Pomfrett,t 
town clerk: "As for the other part of their peticon concerning 
freedome from being Impleaded in other Courts of this Juris- 
diction this Court doth declare that the said Inhabitants (even 
by theire owne agreement) are bound to the Genrall lawes 
& orders of this Jurisdiction in y* point as Salem & Ipswich 
are, nevertheless this Court being sencible of the great Burthen 
w^h may fall upon y'^ Inhabitants of the said River, if they 
shall be forced (upon smale occacons) to travell to Boston 
or other Courts farre of, Itt is therefore ordered y* none of 
y« said Inhabitants shall bee compelled upon any Originall 
Procese out of the limmits of Norfolke to answer in any civill 
accon for any Cause whereof the Originall debt, or dammage 
shall not truely Exceede one hundred Pounds nor shall any of 
the said Inhabitants haue liberty to call any person-out of 
any other limmits to answer in any like accon in any Court 
to be holden in Norfolke under the said valine, Prouided 
alwayes y* if any person shalbee Attached to Answer &c in 
the Court of that Limmits where such person shall be At- 
tached." 

Letter of attorney, dated June 20, 1679, given by William 
(his mark) HiltonJ and Sam. Hilton§, both of Pascadaq. to 
their brother-in-law Christopher Palmer of Hampton. Wit: 
Benjamin Palmerf and Timothy Dalton.f Sworn, June 21, 
1679, before Samll. Dalton,t commissioner, 

Charles Hilton, aged about thirty-seven years, and Aughter 
Bennitt, aged about forty years, deposed that they, Ed. 
Hilton, Samuel Hilton and others pay rates for country and 
county to Dover and Portsmouth and have done so for many 
years past. Sworn, June 23, 1679, before Samll. Dalton,t 
commissioner. 

t Autograph. t Seal. § Autograph and seal. 



1679] RECORDS AND FILES 217 

Hugh March, sr. v. Georg Sweate. Verdict for plaintiff.* 

Bond, dated Mar. 21, 1677-8, given by William (his mark) 
Hilton and Sam. Hilton, f both of Exeter on Piscattaq. to 
Hugh March, sr., of Newbery, for 10,000 feet of pine boards 
to be delivered at Lamprile river. Wit: Anthony Gooff and 
Mary (her mark) Levit. Acknowledged, Mar. 29, 1679, 
before John Gillman,t commissioner. Hugh Marchf affirmed 
the same in court. 

Copy of a General Court record of 20 : 8 : 1658, made by 
Samuell Dalton,t commissioner: Ordered that the towns of 
Dover, Portsmouth and Yorke choose annually some meet 
persons to levy 171i. 10s. payable to the county treasurer, 
also for the arrears since the order was made, and that all 
the inhabitants to the eastward of Hampton bounds with 
Mr. Hilton's plantation (Exeter excepted) shall be accounted 
within this county, and for the county of Yorke to take in all 
the inhabitants (except those of Scarboro and Falmouth) 
who are hereby enjoined to contribute to the payment thereof. 
Samuell Dalton,t associate, also testified that either Edward 
or William Hilton or both being chosen to serve on the jury 
in Norfolke and not appearing were summoned to the next 
court of that county to give their answer, and upon producing 
the foregoing order, they were discharged. 

*Writ, dated June 5, 1679, signed by Jo. Woodbridge,t 
commissioner, and served by Henry Dow,t marshal of Nor- 
folk. 

Gorg Sweett's bill of cost, 31i. 13s. 2d. 
' Letter of attorney, dated June 20, 1679, from George SweettJ 
of Exeter to Mr. Christopher Palmer of Hampton. Wit: 
Benjamin Palmerf and John Wedgwood. f Acknowledged, 
June 23, 1679, before Samuel Dalton,t commissioner. 

Hugh March, jr., testified that Goarg Sweet, sometime of 
Exeter, often came to his father's house and called for victuals, 
drink and horse meat, and it was charged on the book. Sworn, 
June 23, 1679, before Jo. Woodbridge,t commissioner. John 
March testified that Sweet had often had quarters in his 
father's house and never knew that he paid. Sworn, June 23, 
1679, before Nath. Saltonstall,t assistant. 

Hugh March's bill of cost, 21i. 8d. 

Robertt Sinnott, aged about fifty years, and John Wedg- 
wood, aged about thirty-nine years, deposed that in the spring 
of 1678 Hugh March came to Exeter to the house of said 
Sinnott and accounted with Wedgwood for expenses at March's 
house. Wedgwood asked how much Sweet's account was and, 
looking at his books, he replied 7s. Then he asked March 

t Autograph. t Autograph and seal. 



218 SALEM QUARTERLY COURT [June 

John Procter v. Joseph Procter and Benjamin Procter. 

Verdict for defendants.* 

John Poland v. Thomas Patch. Defendant allowed costs. f 

Nathaniell Jacobs, executor of the will of Richard Jacob, 

deceased v. Ephraim Fellowes, Joseph Fellowes and Samuell 

Fellowes, administrators of the estate of their father William 

how it was that his was so much and Sweet's so little and 
March replied "when Company comes to my House I will 
take whome I please for paymaster." Sworn, June 23, 1679, 
before Samll. Dalton,| commissioner. 

*Writ, dated June 19, 1679, signed by Robert Lord, J for the 
town of Ipswich, and served by Robert Lord, J marshal of 
Ipswich, by attachment of the house of defendants. 

Joseph Procter's bill of cost, 21i. 13s. lOd. 

Henery Benet, John Androse and John Putnam testified 
that six years ago they were asked to divide a farm of John, 
Joseph and Benjamen Procter, and after they divided the 
land, the stock of cattle were to be divided by Joseph and 
Benjamen paying 501i. to their brother John Procter. They 
then tendered him the money but he refused it saying that 
he would come again within a month. Sworn in court. 

Thomas Varny, aged about forty years, testified that he 
was at the house which was formerly his father Procter's, 
and heard Joseph say to John that he might as well stay and 
take his share of the fifty pounds. He was then going away 
and seemed to be angry. Sworn in court. 

Robert Lord, marshal, aged about forty-seven years, de- 
posed that John told him that his brother Joseph had tendered 
cattle at his own house, "but I was not such a fooll as To 
Take Them There: but would make Them bring The Pay 
To my hous." Sworn in court. 

John Procter, J Joseph Prockter| and Benjamen Prockterf 
on Mar. 27, 1673, agreed upon Henery Beenate and John 
Putnam to divide the estate of their father left them by will. 
Wit: Nathanell PutnamJ and Henry (his mark) Earle. The 
return of the division, dated Mar. 23, 1673, made by John 
Putnam,! John Andrewes| and Henry Benet. J Owned in 
court. 

Receipt of John Procter^ of Salem to his brother Benjamin 
Procter of Ipswich, dated June 1, 1678, for 25h. of the bill of 
501i. due from Benjamin and Joseph. Wit: Richard (his 
mark) Hutton and Richard Croade.J Owned in court. 

fJohn Poland's bill of cost, 21i. 5s. 6d. 

Thomas Patch's bill of cost, 21i. 6s. 

t Autograph. 



1679] RECORDS AND FILES 219 

Fellows, deceased, and Isack Fellowes for himself. Verdict 
for plaintiff.* 

*Writ, dated June 19, 1679, for molesting Jacobs in the 
improvement of a parcel of land, which was a corner of Cor- 
porall John Andrewes farm and sold by him to Richard Jacob, 
it being conjfirmed to said Jacob by William Fellows, signed by 
Robert Lord,t for the town of Ipswich, and served by Robert 
Lordjt marshal. 

Copy of papers in a similar action brought in Ipswich court, 
Sept., 1678. 

Nathaniel Jacob's bills of cost, 2h. 5s. Id. and 51i. 5s. 6d. 

Thomas Jacob, aged about thirty-nine years, deposed that 
about twenty-five years ago after his father Richard Jacob 
had bought that corner of John Andrewes' farm, which was 
bounded by the mile river on the west, by the upland called 
Walker's swamp on the south, and by the land that is now the 
Fellowes on the north, he helped fence it in. Also that the 
fence is now in the same place, except about seven or eight 
rods "that is downe by bridg that did stand about one Rode 
one the north sid of the coosway." Sworn in court. 

Account of damage to Nathaniell Jacob: cost at court, 
21i. 5s. Id.; cost of appeal, 2h. 18s.; taken by execution, 51i.; 
his land lying to the common where he was forced to keep 
thirty head of cattle and fifty sheep where he could find pasture 
for them, 31i.; digging a ditch through his land about twenty 
rods and four feet wide, digging up his highway, 21i.; by 
Samll. Aj^ers, 3h. 2s.; total, 18h. 5s. Id., besides trouble and 
vexation he had been put to. 

Thomas Jacob, aged about thirty-eight years, and Joseph 
Jacob, aged about twenty-two or three years, deposed that 
Nathll. Jacob was damaged three pounds, etc. Sworn in 
court. 

William Knowlton, aged about thirty-six years, testified 
that he lived with Sargent Richard Jacob about fifteen years 
ago, etc. Sworn in court. 

John Browne and Isarell Huniwell testified that they heard 
Thomas Jacob say that his brother Nathaniel Jacob had 
found a deed of the land, but that it was not acknowledged 
before a magistrate. Sworn in court. 

Thomas Jacob, aged about thirty-eight years, deposed 
that his father Richard Jacob delivered a cow and Fellowes 
agreed to confirm the title, which he did by a writing dated 
1665. Sworn in court. 

John Halef testified, June 26, 1679, that his father-in-law 
Mr. Richard Jacob of Ipswich, in some discourse about the 
advantages of his farm, signified that he had a highway by the 

t Autograph. 



220 SALEM QUARTERLY COURT [June 

bridge that was eastward of the house through to the common, 
and they spoke of it as about an acre and that it cost him 
201i. Deponent asked how land in those times should be so 
dear at Ipswich, and he said that advantage was taken of his 
necessity. Also, when Richard Jacob, his brother-in-law, 
lived upon that farm, old Goodman Ephraim Fellows walking 
with deponent toward the bridge said he was troubled that 
Richard did not keep the bridge in better repair, etc. 

Isack Fellows testified that he let to Samuell Ayres his 
part of the farm for 41i. per year. Sworn, July 20, 1678, 
before Samuell Symonds,* Dep. Gov. 

Ephraim Fellows and Joseph Fellows testified the same. 
Sworn before Samuell Symonds,* Dep. Gov. 

Thomas Jacob, aged about thirty-eight years, and Thomas 
Knowlton, aged about thirty-eight years, and Simon Willard, 
aged about twenty-nine years, deposed that they saw the 
deed of William Fellowes in Nathll. Jacob's hand, and clerk 
Lord was one of the witnesses. It was acknowledged before 
Mr. Samuell Simonds. Sworn, June 23, 1679, before Daniel 
Denison.* 

Joseph Fellows and Nathaniell Healy deposed that Joseph 
Jacob came to them and they told him that they heard that 
his brother Nathaniell Jacob had found a deed of the land, and 
he said he found it himself when he was looking for another 
writing which was a draft of a farm of the Jacobs', part of 
which farm they sold to Goodman Potter. He found it 
sticking up between the ''sumer and the end of a gyes" in 
Nathaniel's house. Thomas Knowlton said that one snowy 
day Nathaniel made the search and there were some old papers 
that Goodman Jacobs used to write at meeting that lay some- 
where in a barrel behind the chimney and among these they 
found the deed. Sworn, June 29, 1679, before Daniel Deni- 
son.* 

Walter Fayerfield, aged about forty-eight years, and Thomas 
Knowlten, aged thirty-eight years, deposed that they searched 
for the maple tree mentioned in the writing, Feb. 1, 1665, and 
they found it felled with the mark upon it. Sworn in court. 

John Choat, aged about fifty-two years, testified that the 
fence stood as it did when he hired the farm of Corporal John 
Andras above twenty years ago. Sworn, June 19, 1679, 
before Daniel Denison.* 

Robert Lord, aged about seventy-six years, testified that 
he wrote the deed dated Feb. 1, 1665, etc. Sworn, May 26, 
1679, before Daniel Denison.* 

Simon Willard and Barnod Thorn appraised the damage 
Nathll. Jacob sustained for want of the way to the common at 

* Autograph. 



1679] RECORDS AND FILES 221 

Michaell Chapleman v. Joshua Ward, commander of the 
pink called the John and Elizabeth of Salem. Verdict for 
plaintiff.* 

Andrew Pittamee, attorney to Job, heir of old Will of the 
Falls V. Mr. Henry Sewall. Withdrawn. 

Samuell Cobbitt and Joseph Roads were sworn constables 
of Lin. 

Mr. John Woodbridg and Mr. WiUiam Browne were sworn 
associates for this county for the ensuing year. 

31i. for the year. Sworn, June 23, 1679, by Wlllard before 
Daniel Denison,t and by Thorn in court. 

*Writ: Michaell Chapleman v. Joshua Ward, commander 
of the pink called the John and Elizabeth of Salem; debt, 
for sailing with him on the late voyage to Bilbor about seven 
months' time; dated 18 : 4 : 1679; signed by Hilliard Veren,t 
for the town of Salem; and served by Ja. Poland,! constable 
of Salem by attachment of house, and land of defendant. 

Miall Chapleman's bill of cost, Hi. 6s. 

Peter Baulding, aged about twenty-nine years, testified 
that understanding that Chapleman had more fish on board 
than was his privilege, the latter refused to give the weight. 
When they arrived at Bilboa, deponent weighed it and there 
were about fifteen and a quarter quintals in Bilboa weight, 
besides three couple of fish which he gave away. Sworn in 
court. 

Richard Ball, aged about twenty-six years, testified that 
the master demanded his freight due from Chapelman besides 
his privilege, etc. Sworn, 21 : 4 : 1679, before Edmund Bat- 
ter,! commissioner in Salem. 

Joshua Ward, master, and agent for the owners, submitted 
the following account: Miell Caplman shipped on board 
for 35s. per month in money to be paid when they arrived 
home, beginning Oct. 10, 1678, and returned May 15, 1679, 
his wages being 121i. lis. 2 l-2d., and 1 hh. freight; paid 
since I came home in money, 41i.; to money due in Billboa 
for freight 7 peses of eight with advantage, and 8 peses of 
eight for duneg which is part of forty peses of eight. 

Letter of attorney, dated June 21, 1679, given by Michaell 
(his mark) Chapleman| of Salem, fisherman, to Mr. Edmond 
Bridges. Wit: Nathaniell Sharpef and Francis Neal.f Ack- 
nowledged, 21 : 4 : 1679, before Wm. Hathorne,t assistant. 

Edmond Bridges testified that Ward said that Chapleman 
was the first man he shipped, etc. Peter Baldin testified. 
Sworn in court. 

t Autograph. t Seal. 



222 SALEM QUARTERLY COURT [June 

Mathew Nixon acknowledged judgment to Mr. John Crom- 
well, 

John Pickworth acknowledged judgment to Samuell Mor- 
gan.* 

Isaack Elwell acknowledged judgment to Mr. Jonathan 
Wade, to be paid in fish.f 

Will. Dodg, tertius, acknowledged judgment to Mr. Ed. 
Batter, to be paid in fish. 

William Benett of Manchester had his former license re- 
newed until the next November court. 

Edmond Bridges, being fined by the commissioners 30s., 
half was allowed him for prosecuting the law against Joseph 
and Bethia Gatchell and the other half was respitted. 

John Kelly was appointed administrator of the estate of 
John Whitteere, deceased, and was ordered to bring in an 
inventory to the next Ipswich court. 

Capt. Richard Walker, Capt. Tho. Marshall and Mr. 
Thomas Laighton, chosen to end small causes for Lin, were 
sworn. 

Theophilus Baily had his license renewed until the next 
Salem court. J 

Frances Skerry was freed from common training, paying 
one bushel of Indian corn yearly to the use of the company. 
Court afterwards being informed that he had been a pensioner 
for 6s. per annum for several years past, declared that he was 
to still continue a pensioner. 

At Ipswich court, Apr. 1, 1679, Dea. William Goodhue v. 

*Bond, dated May 3, 1679, given by Joseph (his mark) 
Pickeworth to Samuell Morgan, for 41i. in fish. Wit: Eleazar 
Inguls§ and Phillip Parson. § 

fWrit: Mr. Jonathan Wade v. Isaack Elwell; debt; dated 
June 3, 1679; signed by Robert Lord,§ for the town of Ips- 
wich; and served by Robert Lord,§ marshal of Ipswich. 
Bond of John (his mark) Kettell for Elwell's appearance. 

^Approbation of the selectmen of Lynn, dated 6:4: 167 9 
said Bayley having kept a house with good entertainment for 
strangers, signed by Thomas Laughton,§ Thomas Marshall,! 
John Fuller,! Ralph King,§ William Bassett,§ Mathew Far- 
ington§ and John Burrall.§ 

§ Autograph. 



1679] RECORDS AND FILES 223 

Samuell Bishop. Debt. Verdict for plaintiff. John Gittings 
and William Goodhue bound.* 

At Ipswich court, 1:2: 1679, the jury returned a verdict 
for Abell Langly, as plaintiff, in an action of debt brought 
against Samuell Bishop, for forfeiture of a bond. This court 
moderated the bond, to be paid half in wheat and half in 
barley. John Acey and Daniell Wicom bound. Copy from 
Ipswich records, made by Hilliard Veren. 

Nathaniell Ingerson had his former license renewed. 

Mr. William Longfellow, complaining of Mr. Nehemiah 
Jewett for violently seizing his money under pretence of 
executing his office as marshal's deputy, court ordered that 
said Jewett return the money and pay all costs. f 

*Copy of the records and files in this action taken from the 
Ipswich court, Apr. 1, 1679, by Robert Lord, J cleric. 

tWarrant, dated June 17, 1679, for Nehemiah Jewett's 
appearance, signed by Daniel Denison,J and served by Theoph- 
ilus Wilson, t constable of Ipswich, who left the summons 
with Jewett's wife. 

Anthony Ashby, John Acie and Henry Williams, all aged 
about forty years, testified that they being at Goodman 
Hazen's about the latter end of April when the attachment 
was served, etc. Sworn in court. 

Willm. Longfellow'sl complaint: that such oppression 
under color of law was an ill precedent, which if allowed "the 
inocent subjects may be injuriously troden under foot, at the 
pleasueres of unjust officeres." 

Daniell Wicam testified that he was in company with Ezekiel 
Northend, John Pickard, Nehemiah Jewett and others when 
Henry Williams served the execution upon nine gates, and 
being at the ordinary in a room near where they were, he 
heard a great talking. When he went into the room, Jewett 
had his hand upon some money which lay upon the table 
which he said he had attached belonging to Mr. Longfellow. 
The latter said it was his brother Moses Gerrishes money. 
"Then I sayd to Neh. Jewett If you haue atached the mony 
& it bee M"" Longfellows I suppose you know how to come 
by it. Then Moses Geerish Layd downe the Remaynder of 
the mony which he had in his hatt, upon the Table & Ne- 
hemiah Jewett took it up." Sworn in court. 

Willm. Longfellow's bill of cost, 21i. 16s. 2d. 

Ezekiell Northend and Jno. Pickard testified concerning 
what occurred at the ordinary. Sworn in court. 

X Autograph. 



224 SALEM QUARTERLY COURT [June 

Richard Reefe had his license renewed to retail strongwater 
out of doors, only to his own fishermen. 

Joseph Gatchell, for breaking prison and making his escape, 
was sentenced to pay a fine, to be imprisoned for one week 
and to continue thereafter until the fine be paid. 

In answer to a petition of the selectmen of Newberye, court 
ordered that it be referred to Capt. Danll. Pearce and Hen. 
Jaquis of Newbery. If they agreed on good terms with any 
persons who w^ould build a bridge over the river they should 
have the profits of it for ten years according to former allow- 
ance provided they fully completed the agreement within one 
week after the end of this court. In case thej^ could find no 
one to build it, the bridge was to be demolished.* 

Mr. George Keaser was appointed administrator of the 
estate of John Gillow, and guardian of Robert and Sarra, 
children of said Gillow. 

Hugh March was dismissed from common training, paying 
5s. per annum to the use of the company of Newbery. 

Thomas Cromwell, Tho. Rix, Elias Mason and Wm. Smith 
were dismissed from common training, paying 3s. each to the 
use of the company in Salem belonging to Capt. Price. Other- 
wise to attend the company on public days of training upon 
what service they were capable of, not being enjoined to 
attend in their arms. 

Mr. Phillip Parsons was licensed to sell rum out of doors by 
retail by the gallon for the year ensuing. 

John Petherick had his former license renewed for the 
ensuing year. 

Moses Geerish, aged about twenty-three years, deposed 
that he went with Longfellow to Rowley, etc., and he and 
Mr. Philip Nelson were sureties for him. The deputy mar- 
shal of Boston called Longfellow into another room to pay 
him the money for his court charges, which deponent had 
taken for him when Jewett attached it and took it away. 
Sworn, June 20, 1679, before Jo. Woodbridge,t commissioner. 

♦Petition of the selectmen of Newberry, Anthony Somerby,t 
Henry Jaques,t Peter Cheneyf and Francis Browne if that 
they could not find any convenient way to build a new bridge 
over the river and the present bridge being dangerous, they 
asked the court to take the matter up in order that the town 
might not be liable. 

t Autograph. 



1679] RECORDS AND FILES 225 

Henry Ball dying intestate, Samuell Aborne was appointed 
administrator of the estate and was ordered to bring in an 
inventory* to the next Salem court. 

George Darlin had his license renewed until Salem court. 

Whereas there was, at a former court in Salem, ordered 
out of the estate of Cristopher Codner, deceased, to his two 
children 601i. to be paid unto theni when they come of age 
and the house and ground being bound for security of the 
children's portions, the daughter being of age some time since 
having received her part, 201i., and now the son being also of 
age and none appearing to pay his part which is 401i., court 
ordered Mr. John Devorix and Mr. Richard Knot, as feeofees 
in trust, and upon the request and desire of the mother and 
the said son, to enter upon and take possession of said house 
and ground, sell or dispose of it to raise the amount due to the 
son Christopher. 

Ann Devorix and Mary Downing testified upon oath that 
Christopher, son of Christopher Codner, deceased, was twenty- 
one years old the latter end of September last past. 

On June 17, 1679, Mr. Wm. Symonds dying intestate, the 
Hon. Gov. Simond Bradstreet, Esq., Maj. Wm. Hathorne, the 
clerk being present, administration upon the estate was granted 
to Mrs. Mary Symonds, relict of said Wm., and Mr. Jonathan 
Wade, who were ordered to bring in an inventory to the next 
Ipswich court. Copy made by Hilliard Veren. 

Danill Epps and Jon. Emerson, pastor of the church of 
Gloster, on June 16, 1679, "having waited in expectation of an 
oppertunity of conferring with such as possible might con- 
cerne themselues about our beloued sister Symonds widdow 
& relict of our brother, Mr. Wm. Symonds, deceased, but 
there being nothing at all Intimated or proposed, Doe there- 

*Henery Ball, who deceased May 15, 1678, was indebted to 
Samll. Aburne as follows: lent him 40s. in money to pay his 
passage from Newfoundland, 21i.; paid for him to the Doctor, 
31i.; for the charges of his dyet and tendance in the tyme of 
his sicknes which was 7 months & for damage done to cloath- 
inge and beddinge, lOH.; total, 151i. There being some 
clothing sent to said Ball by Mr. Rosse, master of the Apsun 
ketch and 51i. coming by way of the Barbados, said Aburne 
asked power to recover his just debt, if there be so much of 
the said Henery's estate in the country. 



226 SALEM QUARTERLY COURT [June 

fore in y^ behalfe of our selues, & the rest of our relations con- 
cerned, lay claime to: & before these witnesses, doe take 
possession of the houses & lands, chattells & goods, that were 
the proper estate of Sam". Simonds Esq"^ late deputy Governor 
of the Massechusetts, in new England, deceased. And doe 
heareby declare that there is noe Intention heareby to depriue 
our hon'"^ mother of what is bequeathed in the will to her in 
any measure nor our sister Simonds of her just proportion." 
Wit: James Chute and Richard Brier. 

Richard Martin, on June 21, 1679, also subscribed to the 
foregoing, it being considered by him a rational demand. 

Har. Simonds, on June 24, 1679, "being more principly 
concerned in my hon^"^ fathers estate," also subscribed. 

Mr. Daniell Epps and Mr. Jon. Emerson, in behalf of them- 
selves and the rest of the children of Samuell Simonds, Esq., 
late deputy Governor, deceased, who are interested in their 
father's estate, moved the court not to settle the estate until 
they could be heard, which motion was granted. These records 
were ordered to be entered in the Salem court records. 

D. Epps' petition, dated June 27, 1679, to the court: that 
he was desired by the rest of the "fraternity" to enter a 
caution about the estate of "our honrd. father, Samuell Sy- 
monds," the administrators appointed not having yet given 
bond, although the estate was appraised at 2,500 pounds and 
the bond being 1,000 pounds, requests that he be appointed to 
take an inventory of the estate, said Symonds having been 
deceased eight months, and their brother Wm. Symonds hav- 
ing died about one m.onth since. Also the administrators 
should make a return of the estate for the payment of the 
funeral expenses, according to his will, the court at Boston 
having empowered him to do this. Court granted the petition 
and he was to return an inventory to the next Ipswich court.* 

Richard Norman, Capt. More, Mr. Lattamore, Nathll. 
Ingerson and Goodman Edmonds had their licenses renewed 
for the year. 

Mr. Croad's license was renewed until the next Salem court. 

Mr. Haskett, Mr. Jon. Higgenson, Mr. Maverick, Capt. 

Wm. Browne, Capt. Jon. Corwin, Mr. Jon. Gidney, Mr. 

♦Petition of Daniell Epps.f 
t Autograph. 



1679] RECORDS AND FILES 227 

Lindall, Mr. Bowditch, Mr. Ben. Geerish, Samll. Shattock, 
sr., Richard Rease, to his own fishermen, Mr. PhilHp Parsons, 
per gallon, John Petherick, Mr. Nehemiah Willowby and 
Capt. Samuell Ward were licensed to retail strongwater out 
of doors. 

Court ordered that if Joseph Gatchell paid 31i. before sun- 
set, he should be dismissed from prison.* 

Return of the tythingman of Beverly: Jon. West, Tho. 
Woodbury, Zacha. Herrick, Edw. Dodg, Antho. Wood, Hen. 
Bally, Jon. Lovet, jr., Jonathan Boiles, John Benett and 
John Herrick. 

Benjamin Chadwell dying intestate, administration was 
granted to Elizabeth, the relict, who brought in an inventory.! 

*Warrant, dated 26 : 4 : 1679, for appearance of Joseph 
Gatchell and wife Bethia, signed by Hilliard Veren,| cleric, 
and served by Thomas Hokkng,t who had searched diligently 
for Bethia but could not find her within the bounds of Mar- 
blehead. 

Petition of Joseph Gatchell :| that he was shut up in prison 
with a fine to pay and his poor wife at home, "and concernes 
at home in y^ way of his calling as for matter of much worke 
engaged unto divers of his good Customers & if being shutt 
up here in this noysom place not fitt for a christian man to 
breath in will not onely greatly damnific yo"" poor petitioner 
as to y'' getting of anything for y'' releif of himself & family 
& dissobling of his Customers; but also assuredly hazard y^ 
health & life of yo"" poore petitioner; it being impossible that 
any humane creature should endure to liue in so pestiferous a 
stinke," etc. 

jlnventory of the estate of Benjamin Chadwell, lately 
deceased, taken June 17, 1679, by John NewhallJ and Samll. 
Cobbett:t the DwelKng house and Barn and 4 Acres of Land 
adjoyning thereunto, 651i.; five Acres more of upland, and 
nine Acres of meadow, 701i.; A Bedstead and bedding belong- 
ing thereunto, 31i. 10s.; in Linnen, 5s.; two small potts and 
pot hooks and a Tramell, 14s.; an old warming pan and fry- 
ing pan, 2s.; In Peuter and a smoothing Iron, 5s.; cradle, 
a small Barrell and other wooden ware, 7s.; foure pound of 
toe yarne, 5s.; A sow, 12s.; Linnen wheel and a woollen 
wheel, 6s.; total, 141H. 6s. Just Debts: for an Acre of mead- 
ow (taken into the inventory) morgaged for 41i. lis. in mony; 
an Acre and a quarter of upland or thereabout taken into the 
inventory, that was made over for ye widows present supply 

t Autograph. 



228 SALEM QUARTERLY COURT [June 

The estate was to remain in the widow's hands for the bringing 
up of the children until they come of age, and if any estate 
then remain, it should be divided, half to the widow and half 
to the children. 

The will* and inventory of John Pearson were proved upon 
oath of Wm. Cowdry and Jeremiah Swayne, and administra- 
tion was granted to Maudlin, the relict, and John Pearson, 
his son. 



received in mony, 51i.; two Acres and a half of meadow mor- 
gaged to John Newhall for 71i. in money, which 71i. was re- 
ceived by Benjamin Chadwel; to John Newhall, 2H. 5s. 6d. 
in mony; Thomas Newhall, Hi. 3s. 9d. in mony; John Tar- 
box, 15s. in mony; Eliezer Lynsee for the Country Rates, 
Hi. 4s. lid.; James Walls, 9s.; Elisabeth Engolls, 10s. in 
money; Thomas Laighton, 3s.; Joseph Armitage, 5s.; Sam- 
uel Hart for setting up new fence, Hi. 10s.; Mrs. Hauthorn, 
16s.; total 251i. 13s. 2d. 

*Will of John (his m.ark) Persson, sr., dated Apr. 19, 1679: 
''secondly My will is That My Deare & Louinge wife Maudlin 
shall haue the hole Improuemente of 1 1 all 1 1 the Land & Catell 
that I haue in My hands, and of the orcherds & Meddows and 
all houshold stuf with in dores and all Impelments of hus- 
bandery with out dores 3 I giue unto My Sonn John Persson 
all the farme that I now Line uppon with all the Medowes 
Belonging Thearunto Excepting Twenty Ackers of the upland, 
which Twenty ackers of upland I giue unto My Daughter 
Sarah and to her Cheldren And if euer My Daughter Sarah hath 
a mind to sell this Twenty Ackers of Land They shale sell 
it to none But to My Sonn John or to his Children, they 
giuing for it soe mutch as Tow Indiferent Men shale Judge it 
to be worth which Twenty Ackers shale Leye as followeth: 
beging at the heighwaye and soe a longe By the Line that 
Runnes bettwen goodman Poles Lande and Mine 4 I giue 
Unto My Daughter Sarah and to her Cheldren Tenn Ackers 
of Meddow Leying in the great Meddow, tow Ackers of this 
Meddow is now in the handes of Edward Tayler and I giue it 
to you at his deaseas further More I giue Unto My Daughter 
Sarah and to her Cheldren A parssell of Land Bee it More or 
Less that Leyeth Beyond Ipswidg Riuer at the head of Red- 
ding Boundes that was somtimes Richard [Hordwels?] and a 
parssell of swampy land Leying in the great swampe fine 
Ackers or thear aboutes 

"I giue Unto My Daughter Marey Burnap and || to || her 
Cheldren Thirty Ackers of upland Leying Betwen the Landes 
of Jonathan Poole and Robarte Burnap be it More or Less 
further More I giue Unto My Daughter Mary Burnap A 



1679] RECORDS AND FILES 229 

parssell of Land forty Ackers or ther abouts Leying near to the 
Land of Mas. John hauke or Adjoyning to it and to her Chel- 
dren further More I giue Unto My Daughter Marey Burnap 
and to her Cheldren Tenn Ackers of Meddow tow Ackers of it 
Leyinge in the wigwam Meddow and eight Ackers Leying 
in the great Meddow 6 I giue Unto My Daughter Bethia 
Carter And to her Cheldren A parssel of Land Leying in 
Redding Boundes eighty Ackers or thear abouts with the 
Medow Belonging thear Unto and Eight Ackers of Meddow 
Leyinge in the greate Meddow further More I giue unto My 
Daughter Bethia Carter Three pound A year yearly to Be 
payd to her during her naturall life Twenty shillinges a yeare 
in Monies of it to be payd to her By My Sonn John Persson 
or By his heires excecutors or Administrator or Assignes 
prouided That the Land and Meddow That I haue giuen to 
her and the Three pound a yeare doath not Amount to Aboue 
one hundered pounds 7 further more I giue unto My Sonn 
John Persson a peese of Cedor swamp that was the widdow 
Dustins that Leyeth in the Cedor Swamp in the Boundes of 
Reddinge further More I giue Unto My Sonn John Persson 
An Acker mor or Less an Acker of salte Marshe that Leyeth 
in the Towne Marshe att Linn, with the Remaynder of the 
Thirty Ackers of Meddow that Leyeth in the great Meddow 
to him and to his Children And all the Landes & Meddowes 
that I haue giuen to him shale be to him and to his Children 
and to his Childrens Children foreuer And further More all 
the Landes & Meddowes That I haue giuen to all the Reste 
of My Children shalbe to them and to ther Children & to 
ther Childrens Children for euer But in Case My Children 
or Childrens Children shale see cause out of som nessesary 
Tey of Concienc shale see Cause to Remoue Ther habi- 
tasion that this will of Mine shale not tey them But that then 
they Maye Sell ther Landes 8 My will is that My Daughter 
Sarah Tounsend shale haue the use of halfe the Barne which 
they are Capabell of getting one for them selues further More 
I giue Unto My Daughter Sarah Townsend the use of the 
Tow peeses of Meddow That Leyeth within the farme for 
fiften year after the Date hearof And My will is that the Landes 
And Meddow that I haue giuen to her And the Rente of theas 
tow peeses of Meddow shale bee Made up one hundred pounds 
''9 My will is that My Daughter Marey Burnap that the 
Lands and Meddow that I haue giuen to her and her Cheldren 
shale bee made up one hundren pound 10 I giue unto My 
Deare wife Maudlin The Time that I haue in My Seruants 
that is yet Remayning to serue further More 11 My will is 
That My Sonn John Persson shale Improue all the Land and 
Meddow for My wife Maudlin his Mother for her use hee 
hauing one halfe of the Increase for his paynes And Care, 



230 SALEM QUARTERLY COURT [June 

John Persson is to haue John Lilly at Comand for to help him 
for the Improuement of the Land 12 further More My will 
is That the three score Ackers of Land That Leyeth Beyond 
Ma^ Dillingams Meddow shalbe sould for the use of the famely 
as My wife Maudlin shale see Cause 13 further More My 
will is That the Thirty Ackers of Meddow in The greate 
MeddOw that I haue giuen to My Children shale equally Bee 
deuided amongste || them || according to each mans propor- 
tion 14 Lastly My will is That none of all the Landes and 
Meddowes That I haue hear in this My will giuen to my 
Cheldren shale not Bee Theirs untill After the death of My 
Deare wife Maudlin Persson." Wit: William Cowdry* and 
Jeremiah Sweyen*. 

Inventory of the estate of John Persson, taken May 14, 
1679, by William Cowdrey*, Thomas Bancrofte* and Han- 
aniah Parker:* the housing and homstead Land and Meddow, 
5001i.; Thirty Ackers of upland called Newels Lott, 361i.; 
forty Ackers of upland By John haukes, 301i.; one Acker of 
salte marche, 51i. ; Thre score Ackers of uplands in the woodes, 
161i.; Thirty Ackers of Meddow in the great medow, 12011.; 
Tenn Ackers of Land beyond Ipswidg River, 51i.; eighty 
Ackers of upland beyond Ipswidg River, 25h.; a parssel of 
Meddow in the hundred Ackers, 181i.; five Ackers of wett 
swampe, 31i.; tow Ackers of Meddow in the wigwam Med- 
dow, 51i.; A parssel of Cedor swamp, 51i.; Three horses, 41i.; 
fower oxen, 20K.; fower Cowes, 15H.; yonge Cattell, 9H.; 
14 sheep and nine Lambes, 61i.; fower swine, 2H. 10s.; fether 
bead, Rugg, boulsters & pillowes, 51i.; coverled & a bead & 
2 flock pillowes, 21i. 3s.; another Bead & boulster & blancket, 
Hi. 5s.; sheets and Tabel Linnen, 61i.; puter one & other, 
21i.; Brasse, IH. 10s.; In Iron, Thre pots and a fring pan, 
Hi. 15s.; Milke vessels, Trayes, dishes & spones, IH. 15s.; 
Andianers, 2 spits, driping pan and Iron back, 21i. 10s.; Tram- 
els, fire pan, Tonges and smothing Irons, 15s.; Tabels, Chayers, 
a setell, Cushins & a fourme, 21i. 10s.; Armes, 21i. 10s.; 
Chests and Boxes, Hi. 8s.; woolen yarne & Linnan Cotten 
yarne, 4h.; Cider Caske, 31i.; chees Toub, pondering toub & 
meash tub, 15s.; wheels and cards, Hi. 5s.; glasses and erthen 
ware, 6s.; Books, 2H.; Cartes, plowes, chaynes & howes, 41i. 
12s.; Beetel Ringes, wedges. Iron morter, Hi. 5s.; Iron Crowes, 
a spade and shovell. Hi. 8s.; a fann, winow sheete and 
Mesures, 17s.; scales, wayts and sives, 15s.; Axes, forkes 
& sikels, 10s.; carte Rope, sadel and pillyon, IH. 15s.; sithes, 
sheep sheeres & a hamer, 15s. ; Creditt, 7H. ; Three yards of 
Carsey, Hi. 10s.; his waring Aparell, lOli. 10s.; total, 89711. 
19s. Debts owing, 71i. 

* Autograph. 



1679] RECORDS AND FILES 231 

Sarah, relict of Samuell Mansfeild, was appointed adminis- 
tratrix of his estate, to settle according to an agreement made 
by her consent with the parties subscribed, and she also brought 
in an inventory.* 

*Nuncupative will of Samuell Mansfeild, who died of the 
smallpox in Lynn, dated 20 : 4 : 1679, given into court by 
Nathaniel Bersherm,t Sarah (her mark) Mansfeild, Thomas 
Laughton,t and Andrew Mansfeildf. He left a wife and 
three children, the eldest of them being a son, also a father, 
and the widow had a father living. The nearest relatives 
agreed to leave the division of the estate for the benefit of 
the widow and children to Mr. Thomas Laughton, sr., Andrew 
Mansfeild and Nathaniell Barsham, which they divided in 
the following manner: the inventory amounting to 15411. 8s. 
6d., and the debts amounting to 171i. 4s. 7d., there was 
remaining 137h. 3s. lid.; to the widow, a third of the estate, 
451i. 14s. 8d.; to the son Andrew Mansfeild, four acres of 
upland, adjoyning westerly along his grandfather Mansfeilds 
house lott & three acres of salt marsh in Rumnye marsh 
adjoyning, northerly uppon his grandfathers marsh & seauen 
pounds fourteen shillings & eight pence to be paid by the 
estate in the widows hand, 451i. 14s. 8d. ; and the two daugh- 
ters twentye two pounds 17s. 4d, per peece out of the estate 
in the widow's hand, 451i. 14s. 8d. The widow was to have 
the whole estate for the children until they became of age, 
but if the widow died before they became of age, they were 
to have their portions. The dwelKng house and land were 
held as security for the portions, the widow to keep the house 
and fences in good repair. "Samll. Mansfeild, deceased gaue 
unto his father Andrew Mansfeild his son Andrew aboue 
mentioned & this was done as his last words on his death bed: 
& his wife the widdow & her fereinds consenth therunto untill 
hee come to the age of twenty 3 one years & that his said 
father Andrew Mansfeild, accepts of him & ingageth to bring 
him up at his own charge." 

Inventory of the estate of Samuell Mansfeild of Lynn, who 
died Apr. 10, 1679, taken by John Newhallf and Robt. (his 
mark) Rand: His dweUing house, orchard & land adjoyning 
the house & 4 acres of marsh, 941i.; 2 cowes, 61i. 10s.; 2 two 
year ould heifers, 4H.; 1 year old heifer, Hi. 6s.; 1 Horse, 41i.; 
6 ewe sheepe, & 3 Lambes, 21i. 14s.; 5 yong swine, 2H.; two 
Hives of Bees, 10s.; pistills & houlsters. Hi. 15s.; Back sword 
& belt, 9s.; Cuttlaste & Belt, 18s.; a gun scorer, Hi. 5s.; a 
sadle & Croop, 15s.; a bridle, 4s.; a pillion & pillion cloath, 
Hi.; wearing Apparrill, two hatts & stockings, 31i.; 11 yards 

t Autograph. 



232 SALISBURY QUARTERLY COURT [June 

Susan, relict of Phillip Harden, was appointed administra- 
trix of his estate. The whole estate was to remain in her 
hands, only 201i. at her decease was to be paid out of the 
estate to Jane, their only child.* 

of woollen Cloath, Hi. 18s. 6d.; 3 Coverlids & 3 blanckitts, 
31i.; 3 pare of sheets, Hi. 10s.; a bed, boulster & 3 pillows, 
21i.; Bedstead, Curtains & Vallens, Hi. 16s.; A pare of Boots, 
16s.; a loome & weaver's tackling belonging, 31i. 19s. 6d.; 
2 chests & a box, 7s.; a table & cradle rug, 8s. 6d.; sheers 
& stooles, 5s.; An Iron pott, 2 puter dishes, a chafin dish, 
tinn ware, earthen ware, glass, Hi. 12s. 6d.; a table Cloath, 
2 shurts, napkins, towells & a Lether Apron, 18s.; a frying 
pan, a pare of tongs, an axe, an hoe, 10s.; a raiser hone, 6s.; 
siser, 6d.; 2 sithes, & tackling, 10s.; wool, 10s.; wool, 10s.; 
Lyning yarne, Hi. 10s.; a reele & wheele, 10s.; a Loome, 
Lathe & blocks, tridles & stretchers & irons belonging to it, 
21i. 5s.; 2 pare of temples, 2s.; a pare of Blocks & wheels. 
Is. 6d.; 2 pare of shafts, 2s.; 2 sydar barrills & an Hamer, 
7s. 6d.; sum Lumber, 6s.; a pare of scales. Is.; woolen yarne, 
9s., 10 dozen of buttons, 5s., 2 Lamps, 2s., halfe a cover lid, 
slea & Harnis, 19s. 6d.; a sheep rack, 5s.; a rave, 3s.; a shutle, 
2s.; an ould slea, 3s.; a forke & rake, 2s. 6d.; 2 ell sleas & 
harniss belonging to them, Hi. 10s.; 1 yard slea for carsye 
& harnis belonging to it, 8s.; 2 sleas for Lyning & harnis for 
ym., 10s.; total, 15411. 8s. 6d. 

*Will of Phillip Herding,t dated Nov. 5, 1678: "I giue 
unto my Loueing wife Elisabeth herding all the Lower Roomes 
of my house with the appurtinances thereunto Belonging 
Item I giue to my Daughter Jane herding all the upper Roomes 
with the appurtinances thereunto Belonging to Be Equally 
Shared Between my wife & my Daughter: of the Chamber 
and if my Daughter will not Repaire that Share of my house 
giuen her then my will is that she shall not Liue In it: till 
her mothers Discease: and then I doe giue it to my daughter 
and her heires for Euer Item I make m"" Ambrosse gale my 
whole Executo'' to Se this my Last will and testament per- 
formed." Wit: John Eyresf and George Freshwatr.f 

Inventory of the estate of Philip Harding, late of Marble- 
head, taken June 23, 1679, by Richard Normanf and James 
Dennes:t a house and garden plot adjoyning, 401i.; Bed- 
stead, bed and furniture belonging, 61i. ; Two iron pots, one 
iron kettle & one brass kettle, Hi. 6s.; one cupboard, one 
table & five joint stools, six chairs. Hi. lis.; peuter platters 
and basons and a peuter pott, 21i. 10s.; three chests, 15s.; 
old suit of cloths, two hats and six cushions & pr. andirons, 

t Autograph. J Autograph and seal. 



1679] RECORDS AND FILES 233 

The will and inventory* of Thomas Cole were proved and 
allowed. 

Sarah, the relict and administratrix of the estate of Capt. 
Wm. Hathorne, presented an inventory,! and the whole 
estate was ordered to her own use. 

Nathaniell Hunn dying intestate, administration upon his 
estate was granted to the relict, who brought in an inventory. J 
Court ordered the estate to remain in her hands for her and 
her children's use. 

Hi. 10s.; three sheets and six napkins, 15s.; a desperate 
debt of 341i. 5s. due from Laurence Barnes. 

*Inventory of the estate of Thomas Cole, taken Apr. 20, 
1679, by Hilliard Veren, jr.,§ and Richard Croade:§ a dwelling 
hows wth about an acker of Land adjoineing pt. of wch being 
ye Land Abra. Cole built 2 howses, & out howseinge, 501i.; 
a tenn acker Lott lying in ye Northfeild, 301i.; fower Cows, 
lOli. ; two swine, Hi.; old cask, a chest & other Lumber in 
ye chamber, 10s.; 1 fether bed wth ye furnitture, 41i.; 1 old 
trundle flockbed, 10s.; 1 cubbard, 10s.; 1 Chest, 5s.; 2 brass 
kettles. Hi.; 2 Iron potts, 10s.; 3 puter dishes & smal parcel 
of Erthen dishes, &c., 10s.; 1 old table, chairs, formes & 
belos, 5s.; Pott hangers, 1 pr. old Andirons & tongs, 5s.; 1 
old bras pott & skillit & spitt, 3s.; 2 bushels of Indian corne, 
4s.; 1 old scith, 2s.; some other old Lumber not valeuable; 
total, 991i. 14s. The estate in Debt to sundry persons about 
121i. 

flnventory of the estate of Capt. William Harthorne, 
taken by Thomas Stace§ and Resolved White,§ and brought 
into court by Sarah Harthorne§ : A Bead and Beading belong- 
ing to itt, 61i. 6s.; curtings. Hi. 10s.; and Cushings, 15s., 21i. 5s.; 
Tabell, Stulls, carpit and Chayers, Hi. 18s.; 2 Chests, 2 littell 
Trunks & 3 Boxes, 21i. 4s.; plate, 31i. 10s., A parsell of puter 
& Brasse, 41i., 71i. 10s.; A parsell of Arthing waer. Hi. 10s.; 
A parsell of Iron waer, 51i. 10s.; Books and Lining and some 
other things, 191i. ; Cash, 41i. 6s., 204 gall, of Rume 20d. per 
gall., 211i. 6s.; molossus, 41i., a pece of salt mash, 71i., llli.; 
A Cowe, 21i. 5s., A maer, 20s., 31i. 5s.; A case of Bottils, mor- 
ter & pesell, 14s.; Beadstead and some small Caske, 12s.; 
Shuger, 12s., parsell of woden waer with 2 whells, Hi. 17s.; 
Debts due to ye Estate, 121i. 9s. lid.; allsoe due from the 
Country in mony, 51i.; total, 10211. 8s. lid. Allsoe halfe of a 
farme lyeing about Groaton not yet pryzed. Debts due from 
the Estate, 591i. 8s. 5d. 

Ilnventory of the estate of Nathaniel Hunn, taken by 
Richard Croade§ and Robert Kitchen§: One feather Bed & 

§ Autograph. 



234 SALEM QUARTERLY COURT [June 

Nathan Parker dying intestate, administration upon the 
estate was granted to Mary, the widow, who was to have the 
whole estate for the education and bringing up of Mary, the 
daughter of deceased. The daughter was to have half the 
estate at age, and the house and land were bound for security.* 

The willf and inventory of William Allen, brought in by 
Elizabeth, the executrix, were proved and allowed. 

furniture, 71i.; one Chest of drawers, 21i.; one Chest & box, 

15s.; small chest & Two , 18s.; fower Chaiers, 8s., 2 

Iron , Hi. 8s.; one frying pann, Hi. 2s.; one Skillett, one 

& fire shovell, 5s.; one p and Irons , 10s.; one Spitt 

& 2 ham & Smoothing Iron, 8s.; 2 Candlesticks, three 

, 5s.; One Trundle Bed, 21i. 10s.; five baskitts & 2 pailes, 

9s.; peuter platters, Hi. 15s.; One Spining wheele, 3s.; Linen 
as Sheets, Napkins &c., 51i.; Rumm Barrells & wooden ware, 
6s.; Debts oweing, 61i. 18s. & debts due, 61i. 5s.; his wearing 
Cloathes, 21i. ; Two bibles, 5s. each, 10s. ; total, 271i. 12s. 

*Inventory of the estate of Nathan Parker, who deceased 
Apr. 6, 1679, taken by Wm. ChandlerJ and Stephen Grenlefe, 
sr.:t house & halfe an Acree of land, 701i.; about five Acrees 
of marsh meadoe ground, 191i.; a mare, a cow, 4 sheepe and 
3 lambs, lOli. 10s.; three swine, 30s., wearing apparell & sum 
Linen, 71i. 10s., 91i.; beding, bedsteads and sheetes, lUi. 6s.; 
Iron Cettles, pott and tramell & small skellett, 21i. 5s.; bridle, 
sadle and pillion. Hi.; peuter, glass bottles and bookes, Hi.; 
working tooles, 31i.; a gunn, snappsack, bandelers, pouder 
homes, pouder. Hi. 15s.; Chestes, table and boxes, chaires 
and lumber, 31i.; bedstead, sledd and reele, Hi.; tennant saw 
& a long percer bitt, 10s. ; due to him uppon severrall Accounts, 
281i.; total, 1611i. 6s. Debts 131i., making total, 14811. 6s. 

fThe will of Willallam (his mark) Allen, sr., of Manchester, 
dated June 7, 1678: "Imprimes I doe make my wife Elezebeth 
Allen my full & Sole execcuter of all my lands & goods duereing 
her life & after y^ deth of my wife to be dissposed in maner 
& forem as folleth y* is to say I give to my Sone Samuell y« 
remayner of y^ five & twenty acer lott which he all redy poses- 
eth y* is to Say y« uplands & y^ sheare of y^ fresh medow 
belonging thereunto I give to my too Sonns onesephoras & 
Willam Allen my wholle fifty acer lott w*^ all y^ devissons & 
apurtenances belongin to it w**^ y propriety of all commons 
devidded & undevided belongin to it & an acer of Sallt marsh 
at y^ lower end of my orchard y* I purchesed this I give to my 
too Sonns onesephoras & Willam Allen to be equally devided 
betwene them booth after y^' deth of me & my wife & it is 
farther to be understood y* as my Sone onesephoras hath 

X Autograph. 



1679] RECORDS AND FILES 235 

Vinson Galishon dying intestate, Richard Reefe was ap- 
pointed administrator of the estate, and an inventory* brought 
in was allowed. 



hallf an acer in present poseson joyning to his hows y* lyes 
in my orchard Soe my Sonn willam Allen to have hallfe an 
acer joyning to his hows in y^ Same maner In wittnes where 
of I y^ Said Willam Allen have put to my hand." Wit: 
Thomas (his mark) Jonnes and Samuell Friend. f 

"The Widow Allen Testifieth That her husband WilHam 
Allen deceaced gaue his Sonne Samuell more then he gaue his 
other Sonnes thes things following & that therefore he gaue 
him not A double Portion first at his first mariadg or before 
helpt to buld him An house Secondly he gaue him Thre Cattell 
one After Another Thirdly he hath bin helpfull unto him Cince 
as he Could." 

Inventory of the estate of William Allen, who deceased 
Jan. 30, 1678, taken at Manchester, Feb. 17, 1678, by Thomas 
Westf and John Sibllef: hows & land wth all ye medow 
belongin to it, 140h.; fivetene acers of upland lying in ye 
bounds of Beverly joining too ye great pon called Wenam 
pon, 201i.; Two oxen, a cow, two hyfers, too shepe & a horse, 
181i. 10s.; Bed wth beding & other howsholld stufe, 81i.; 
total, 180H. 6s. lOd.; to be abated for the loss of horse & 
cow, 61i. 

William Alhn, sr.. Dr. unto PhilHpp Cromwell, 21i. 16s. 
4d.; to Jon. Cromwell, 12s. 5d.; dated June 25, 1679. 

Jno. whytingt certified, June 23, 1679, that "William 
Allen, deceased, his estate stands debtor unto my Master 
Capt. Georg Corwin, 8H. Is. 9 l-2d." 

William Allin of Manchester, debtor to Henry Bartholmew, 
6s. 6d.; to WilHam Browne, sr., 7h. 16s. 3d. 

*Inventory of the estate of Vinson Gallison, taken Dec. 6, 
1678, by Moses Maverickef and Samuell Morgan :t 1 paier 
of boots, 8s.; 1 cap cloth coat, 10s.; 2 parsells of Lien, 5s.; 
1 whiett wastkoat, 4s. ; 1 old shirt and drauers, 3s. ; 2 whiett 
neckloths, 3s.; 1 blue shirt, 1 whiett ditto, 7s.; 1 red wastkoat 
and drawers, 12s.; 1 cloth Coatt and Sarg briches, 12s.; 1 old 
hatt, 4s. ; total, 31i. 8s. Due from Richard Reaf for a months 
servis. Hi. The sd. Vincent Gallison Dr. to Mr. Rich. Reefe 
reckoned with him while he was alive, 21i. 17s. 6d. 

Since he dyed pd. to James Stilson for mending of shooes, 
3s.; to John Curtis, 2s. 9d.; to Edw. Reede for digging ye 
grave, 4s.; James Dennis for a coffin, 10s.; ye jurie & other 
charge of his buriall, 9s. 6d.; for mackrell & other things 
unreckoned, 2s. 4d.; for his towne rate, 5s. — ; total, 41i. 

t Autograph. 



236 SALEM QUARTERLY COURT [June 

John Millett dying intestate, administration upon his 
estate was granted to Sara, the relict, who brought in an 
inventory* which was allowed, and the house and land were 
bound for the security of the children's portions. 

The willf and inventoryl of the estate of Edward Waldron 
were proved and allowed. 

*Inventory of the estate of John Millitt, taken by James 
Stevens§ and William Sargant:§ howse & baren and Land, 
241i.; neate catell & a mare, 23H.; bedes & beding, 8H.; 
homemad cloth, 41i.; his waring clothes, 51i.; in howsall 
stuffe, 31i.; woole, 2U. 5s.; armes, Hi. 10s.; tooles, 12s.; 
lumber, 2U.; broadcloth, 10s.; sarge & Tabell Lining, Hi.; 
sheepe, IIU. 4s.; total, 861i. Is. Deptes due from the estat, 
131i.; the deptes paid the Estate aperes to be 731i. Is. 

twill of Edward (his mark) Walden|l of Wenham, dated 
Mar. 22, 1678-9. "I Give to my Son Nathaniell walden: 
all my land on the Neck. In amount ten acres be there more 
or less Item the rest of my estate, I will thatt itt || be || 
equally divided betweene the rest of my children which I here 
name John Walden Hannah Walden, Ruth Walden Naomi 
Walden, & Elizabeth Walden. If any of these my children 
dy before they come of Age to possess their portions It shall 
be equally divided among the Survivinge If they all dy itt 
shall fall to the nearest of Kin And I make my Son Nathaniel 
Walden sole Excecutor of this my will & I desire my Loving 
freinds Cap*: Thomas Fiske, & Charles Gott to oversee this 
my will." Wit: Joseph Gerrish§ and Sarah (her mark) 
Moulton. 

Joseph Gerrish, aged about 29 years, testified that he heard 
EdwardW alden say he had done enough for his two daughters, 
Mary and Thomasin, already and therefore saw meet to leave 
them out of his will. Sworn in court. 

^Inventory of the estate of Edward Waldern, taken 20 : 4m: 
1679, by Thos. Fiske§ and Charles Gott:§ ten acres of land, 
251i.; twenty pownd Remainding upon a Bill to be paid in 
fowre yers following, 201i.; another Bill to be paid in 9 yers 
following, 171i.; one Cowe, 31i. 16s.; one gun, Hi.; Cloathing, 
21i. 4s.; Tramell & pothooks, 6s. 6d.; one old kettle & one 
old ax, 3s.; due from Samll. Fiske, 6s.; in Beding, lU. 16s.; 
Bedstead, 5s.; total, 711i. 16s. 6d. Debts due from the 
estate; to the Docter, 21i. 8s.; to John Fiske, 21i. 2s.; Good- 
wife White, 10s.; Goodman Woodward, 5s.; Goodman 
Pearce, 5s.; John Walderne, 10s.; Hannah Walderne in 
mony, 13s.; mony to Mr. Gerrish, 5s.; Mr. Gerrish by Rate, 
6s. 5d.; Joseph Fowler, 2s.; total, 71i. 6s. 5d. 

§ Autograph. || Seal. 



1679] RECORDS AND FILES 237 

Thomas Oliver dying intestate, Bridget, his wife, was 
appointed administratrix, and was ordered to bring in an 
inventory to the next Salem court. 

In answer to a petition of Mr. Jere. Hubbard, court declared 
that as the town of Topsfeild had not attended the order of 
the last Ipswich court, the selectmen were ordered for their 
neglect to appear at the next Ipswich court.* 



*Petition of Jer. Hobart,t dated Topsfield, June 24, 1679: 
that the court's order in relation to the affairs of the minister 
of Topsfield which was given at the last Ipswich court "lieth 
dormant, and hath taken small effect as to the true ends and 
purposes of it, as I apprehende appears by A voate of the 
Towne upon Aprill 29 last past, & their actings ever since, 
to the great inconveniencye of their poor minister, who beggs 
his redresse at the hands of this honoured Court, as yo'' Wor- 
ships shall Judg meet." 

Copy of the town records of Topsfield, made, June 21, 1679, 
by Frances Pabody,t cleric: "the towne of topsfeeld at a 
towne meeting 29*"^ of aperel 1679, hauing heard an order 
Red that was made by the Counte Court at Ipswich Con- 
serning oure being requiered to pay a some of 60 pound to m"" 
Jerimie Hobart which as the saide order seemes to expres was 
promised for his incorigment to Com to topsfeeld we being 
in the darke about it and not knowing of ani towne act that 
euer past nor ani towne record that holdes forth ani such 
thing we doe Conceue it needfull to suspend untel there be a 
forder opertuniti to be beatter satisfied by making inquire at 
the next Counte Couert upon whot groundes m' Hobarts 
petision was made and also how the towne Comes to be 60 
pound in his debt. 

"the towne hath agreed by vot that John gould shall enter 
these names with the somes at eueri manes names end and 
what shall be sent to him to enter in the towne booke and 
to be binding to eueri man for what they haue freeli sub- 
scribed to giue to m' Hubard for his Coming to topsfeld to 
except of menisterial ofes — voted 

"this writeing witteseth that we whose names ar under 
written doe bind oure selues our ares exectetors adminestra- 
teres or asignes to pay or Case to be payde to m'' hubard or 
his asignes within fore yeare after m"^ Hubard doth Com and 
enter Apon the ministri heare at topsfeald what we doe sob- 
scribe toe or eueri man doth giue in under his hand this som 
is in Consideration of a parsil of land that the towne Cold not 
healpe m' Harbord with and an acowunt of what m' Hubart 

t Autograph. 



238 SALEM QUARTERLY COURT [June 

Phillip Parsons and Sara Needham, for fornication, were 
ordered to appear at the next Ipswich court, together with 
the witnesses, Samuell Apleton, jr., and Thomas Gatchell. 

The petition of William Dodg and his wife was referred to 
the next Salem court. 

Magilligon's wife, presented for absenting herself from her 
husband, night and day, was ordered to be whipped, which 
was done.* 

William Nick, presented for being disguised in drink, was 
fined, and ordered to pay the witnesses, Joseph Phipen and 
Reuben Guppy. 

The wife of William Dicer, for railing words to Mrs. HoUing- 
worth, also for abusing her and cursing, was fined. f 

AUexander Greime and Sarah Lambert, for fornication, 
were convicted, and he was ordered to pay 2s. 6d. per week 
for the maintenance of the child, the marshal to distrain 
weekly if not paid. Sarah was ordered to be whipped. | 

doth lose at amsberi in Coming to us heare at topsfeeld — 
voted: deeken howlet, 51i.; Isak Comings, sr., 21i.; John 
Comings, 21i.; Samuel Howlet, Hi.; Philip Welch, 10s.; 
Isack Foster, Hi.; John Willes, lli. 10s.; William averil, Hi.; 
James How, jr., 15s.; neamia abbit, Hi.; Henary lenard, 51i. ; 
Samuel lenard. Hi.; nathaniel lenard, 15s.; thomas lenard, 
10s.; John goold, lli.; thomas perkens, 31i.; Isack Este, Hi.; 
Jacob towne, lli. 5s.; thomas dorman, Hi.; mikall donil, 10s.; 
Joseph towne, lli. 10s.; old father how, lli. 10s.; John french. 
Hi.; Joseph pabodi, Hi.; Jno. Low, Hi.; Mathew stanli. 
Hi.; Edman towne, lli. 10s.; William Smith, Hi.; Ed. Bridges, 
Hi.; frances pabody, 31i.; Ephrom Dorman, lli. 15s.; John 
Ramsil, 15s." 

*Marblehead presentment. Wit: Robert Bartlett and 
Jeames Denis. 

fWit: Mathew Duch, Rebecka Pention, Hanna Frend and 
Hanna Collier. 

Mathew Dutch, aged about twenty-six years, and Re- 
beckah Penision, aged about twenty-three years, Hanna 
Friend, aged about twenty years, and Hanna Collier, aged 
about twenty-six years, deposed that they heard the wife of 
William Diser call Mrs. HoUinwood a black-mouthed witch 
and a thief. 

Mrs. Ellenor Hollenworth, aged about fifty-six years, and 
Hanna Collier, aged about twenty-six years, deposed. 

J Wit: Mistress Woodberey, midwife, and Brigitt Skerey. 



1679] RECORDS AND FILES 239 

Joseph Gray, for drunkenness and swearing by his Maker, 
was fined.* 

Joseph Newall and Susanah, his wife, for fornication before 
marriage, were fined. f 

John Rayment, jr., and Hanna Goldsmith, for uncivil car- 
riages, were ordered as follows, she to be whipped and he to 
appear at the next court. J 

George Emorye, for swearing and cursing, was fined. § 

Robert Starr dying intestate, administration upon his 
estate was granted to Mary, the relict, who presented an 
inventory. | ] She was ordered to have the whole estate for the 
maintenance of the children until the court should take fur- 
ther order. 

*Wit: Mr. White, Steven Souell and George Pelle. 

Resolved White, aged about sixty-three years, testified 
that about three weeks ago he saw Joseph Grey flat on the 
ground dead drunk, and his mother-in-law came and took 
20s. out of his pocket and a pair of worsted stockings. She 
did not know how to stir him and went to his brother Robert 
Gray and Stephen Sowell and his own wife to help her carry 
him into Goodman Peale's house. They carried him one by 
the head and the others by the heels and laid him on a bed- 
stead that had nothing on it but cords. For all this moving, 
he never moved. But when he roused, his wife sitting by his 
bedside, labored to keep him in and he swore and tore most 
dreadfully, etc. 

George Peall,^ aged about thirty-five years, deposed. 

fLynn presentment. Summons, dated June 25, 1679, 
served by Joseph Rods,^ constable. 

tWit: Jackob Pudeator, An Pudeater and John Abitt. 
Summons, dated June 29, 1679; Henry Skerry, 1[ marshal of 
Salem, appointed Richard Huten his deputy, and no return 
made. 

§Wit: Capt. John Prise and Mr. Whitte. 

Jno. Price, T[ aged about thirty-three years, and Resolved 
White ^ testified that having hired Mr. White to cart stones, 
Dr. Emerj'^ stopped the cart bj' the corner of his house and 
swore that he should not pass, threatening to stab said White 
and his horse. 

I [Inventory of the estate of Mr. Robert Starr, "who was 
murdered by the hands of ye Barberious heathens," taken 
June 25, 1679, by Joseph Phippen1[ and Edward Wollon:^ a 
House and Orchard & Ground, 13011.; on Bed Ruge & 2 
blankets, 31i.; on Bed Ruge wth 2 blankets & Curteine, 61i. 

H Autograph. 



240 SALEM QUARTERLY COURT [June 

John Person, aged about sixty-three years, and Isaack 
Hart, aged seventy years, testified that they saw Edward 
Taylor give possession by turf and twig, to Hananiah Parker 
and John Townsend, of his farm of two hundred acres in Linn. 
Sworn in Reding, 4 : 10 : 1678, before Thomas Danforth, 
assistant. 

Timothy Lindhorne arrived in Salem, Aug. 12, with the 
ketch called the Vine of Poole which came in her ballast only 
an account of,about 20 or 25 bags and two hogsheads of malt, 
they holding more or less, as the aforesaid master desired to 

10s.; five paire of sheets & 18 table napcins, 71i.; on Cubbard 
Cloath, 5s.; three paires of piloberes, 12s.; tw^o Chestes, 
14s.; on Chest & Cubbard wth a table. Hi. 5s.; on bedstead, 
table & forme, Hi.; on Iron Citle and two Iron pots. Hi. 2s.; 
on Litle brase pot & a brase skillet, 5s. ; on paire of Dog Irons, 
1 hack, two pothooks, on friing pan & spit, lis.; seaven 
platers, 4 porrengers, 1 warming pan, on salte seller & a Candle- 
stick, Hi. 10s.; foure cheares, 1 Loockin Glase, 2 boxes, 9s.; 
on Linen wheel and one woolen wheele, 5s. 6d.; total, 15411. 
8s. 6d. 

Meary Nick, late relict of Robert Star, deceased, petitioned 
the court for her thirds, she being a widow and having four children 
very young, two of whom she had put out and two she had 
kept with her. 

Copy of deed of gift, dated Sept. 30, 1665, Robert (his 
mark) Starr declared "it is my Ingagement neuer to be altered 
nor reversed, by me, that the dwelling house I now line in, 
together with the land belonging to it, the which house & 
land was giuen me by my father in laAV, Richard Hollingworth 
as a portion with my wife; I say that house & land, I doe 
giue & bequeath unto Cap* Richard More & m^ Phillip Crom- 
well whoe are guardians to my three children," for the use of 
the children, Robert, Richard and Susanna, and if any died, 
the survivor was to have their share; if all died, the estate 
was to revert to himself. Wit: Frances Waineright and 
Edward (his mark) Woollan. Acknowledged, Mar. 18, 1671, 
before Daniell Denison. 

Robert (his mark) Starr, of Salem, mariner, assigned to 
Mary Conckling, "my espoused wife," on Sept. 12, 1669, 
upon consideration of marriage all his household goods and 
moveables with all that was her own. Wit: James Smith 
and Nathaniell Felton. Acknowledged, Mar. 18, 1671, 
before Daniel Denison. Copy made by Hilliard Veren,* 
recorder. 

* Autograph. 



1679] RECORDS AND FILES 241 

have entered on Aug. 19, 1676. Entered by Hilliard Veren, 
recorder. 

"Att a Generall Court held at Boston 10*^ of October 1677 
This Court hauing this session Appointed & setled a Captaine 
& Ensigne ouer the mihtary Company at Rowley in the va- 
cancy of those places and in opposition thereunto & dissattis- 
faction w*h the order of the Court therein a petition hath 
binn prefferred subscribed by many names but written w*h 
one hand, wherein appeares the euill spirit of diuers there 
who haue lately reproached the churches and the members 
thereof which this Court hath borne testimony against, though 
w% as much lenity as the cause would Admitt of all which 
not w% standing they haue abused the Courts favourable 
Indulgence by this Seditious petition which this Court Judgeth 
themselves bound to take due notice off so farr as to ord' 
that John Acie & Jonathan Platts forbeare to concerne them- 
selues in their Toune or military affayres till further order 
from this Court and that the rest of the petitioners are hereby 
requested to Attend the Courts order as to the military Com- 
manders." Copy made by Edw. Rawson,* secretary. 

List of presentments, dated June 25, 1679, signed by Jeremy 
Neale,* in the name of the rest of the grand jury: 

Thomas Wattkins and Elesabeth, his wife, for fornication 
before marriage. 

Remember Sallmon, widow, for fornication. 

John Mashoone, for being much disguised with drink. 
Wit: John Norman and Henery West. 

John Wakor and Elizabeth, his wife, of Beverly, for fornica- 
tion before marriage. Summons, dated June 25, 1679, served 
by John Sampson,* constable, who returned that they had 
removed from town. 

Thomas Parker and his wife, for fornication before mar- 
riage. Summons, dated June 25, 1679, served by John Samp- 
son,* constable of Beverly. 

John Ballard of Lyn, for selling strong beer and cider to 
soldiers upon training days without license from the court. 
Wit: Fransis Burall. Summons, dated June 25, 1679, served 
by Joseph Rods,* constable. 

Summons, dated 26 : 4 : 1679, for Joseph Gray's appear- 
ance, for abuse of his servant, also to Samuell Collens, as a 
witness, signed by Hilliard Veren,* cleric, and served by 
Nehemiah Willoughby,* constable of Salem. 

Venire, dated May 27, 1679, for Salem, signed by Hilliard 
Veren,* cleric, and served by James Simonds,* constable, who 
returned the names of Mr. Hen. Bartholmew, Mr. Hilliard 
Veren, jr., Mr. Benjamin Geerish, John Sanders, Joshua 

* Autograph. 



242 SALEM QUARTERLY COURT [June 

Ward, Thomas Putnam and Frances Nursse for the jury of 
trials. 

Venire, dated May 12, 1679, for Lynne, signed by Hilliard 
Veren,* cleric, and served by Thomas Laughton, jr.,* con- 
stable, who returned the names of Ensign Fuller, Daniell 
Huchins, Jacob Knight and Samuell Tarbox for the jury of 
trials. At a Lynn town meeting, 3:4: 1679, Capt. Walker, 
Capt. Marshall and Mr. Thomas Laughton were chosen 
commissioners to end small causes, and Samuell Cobbett and 
Joseph Roads, constables. 

Venire, dated May 12, 1679, for Gloster, also summons to 
John Pearce, for disturbing the peace and absence from pubHc 
worship, and to witnesses, William Seargent and Deacon 
James Steevens, signed by Hilliard Veren,* cleric, and served 
by Thomas Millet,* constable of Gloster, who returned the 
names of John Davis, sr., for the grand jury and William 
HascoU, jr., for the jury of trials. 

Venire, dated May 14, 1679, for Marblehead, also summons 
to Edward Berry, for not living with his wife, and to Richard 
Joanes, for caUing Elizabeth Poe vile names, signed by Hilliard 
Veren,* cleric, and served by Thomas Hokkens,* constable, 
who returned the name of WiUiam Nick for the jury of trials, 
and also certified that Richard Jones had been gone from 
Marblehead about half a year. 

Venire, dated May 12, 1679, for Beverly, signed by Hilhard 
Veren,* cleric, and served by Will. Dodg,* constable, who 
returned the name of Joseph Dodg for the jury of trials. 

Richard Richards, Dr., 9:2: 1677, to 10 1-2 gall, wine 
2s. 6d. p.. Hi. 6s. 3d.; to 2 Combs 5 d. p, lOd.; 10 : 3, to 1 
knife, 8d.; total. Hi. 7s. 9d. p contra. Cr., p 300 ft. mercht. 
Bord, 15s. pr. me Jno. Higginson.* 

Mr. Tho. Elbridg's petition: that about this tirne two 
years ago, he presented a petition telling how it was with him 
and into what condition it had "pleased the lord by meanes 
of the cruell heathen" to bring him, he having lost his all and 
had a wife and five children to maintain with no way to earn 
a living. Court granted him then a license to sell drink out 
of doors, but living out of the way in a poor house could not 
make a living, but ran in debt. He has now moved to a 
house near the town for which he is to pay a great rent, and 
asks that he be granted a license to sell within doors. 

John Emerson,* pastor of the church of Glocester, certified, 
June 23, 1679, that "John Peirs Jun. of Glocester came to our 
House to invite my selfe & all my family to a Quakers meeting 
which he sayd was to be at his House the next day at ten of 
the clocke or thereabouts I labored to convince him of y^ 
evil of it & y^ breach of y® Law of this Commonwealth but 

* Autograph. 



1679] RECORDS AND FILES 243 

he was very impudent & bold & sayd they were neither afrayd 
of the Laws nor Magestratates nor any man I answered I 
thought he sayd very true for I beleived they neither feared 
God nor reverenced man. And so he went away very stiff 
& obstinate & as I heard went from house to house to invite 
mens children & servants y" most part of y* Night." 

On 18 : 12 : 1678, Edm. Batter,* commissioner of Salem, 
certified that Alister Grime, complained of for abusing and 
wounding Constable Will. Curtiss when he was searching for 
stolen goods by warrant, and confessing before Mr. Barthol- 
mew Gidney and Edmund Batter, was ordered to appear at 
the next Ipswich court and bound to good behavior. The 
"season of the year being very cold we durst not keepe him 
long in the prison" and upon security procured, they let him 
out. 

Mr. Richards' petition, 1679: " that for many reasons 

as first his house now standeth not upon Cottager 

& no righte to pruieledg in Commons other of A roade 

way thorough our feilds to ye Town men were much 

out of y^ way to lay out such a grate dammage if not 

wholely ruinateinge of our feilds & secondly w°h his 

Father kinge gaue him in his farme lyinge in Commons lyeth 
another way, (that is towards his Brother Ralph Kinge & by 
his last will & Testament) hee, that is, Mr. Kinge in y" dona- 
tion of the lande where Ezekiell Needeum his house now 
standeth, hee is bound to fence the aforesayed lande, & in 
nowise to incumber nor troublle his neighbors, uppon y^ 
danger of the forfeiture the titllee thereof, as alsoe, unto 
& from y« Towne commons, & his proprietie in common landes; 
& there is an anciente Common Roade way, both drift, horse, 
carte & foote, which leadeth to Linn, Salem, Boston & Mar- 
blleehead & is now made use of Contentedly by his & our 
neighbors as aforesayed of custom hath ben in times past, 
besides all this som of us as namel}^ Nickolas Huchisson is 
wholly out of capacitie either to giue graunte sell or any 
manner of wayee to consent to such a thing as Ezekiell Need- 
eum hath or is agitatinge aboute laying out A way in this 
place, for hee is but A tennante uppon A Lease for som cer- 
taine yeares ensuinge & his landlord liueth far remote out of 
this coUony & is unackquainted w*^^ this diuydence in land 
for A hyway thorough his lande, Nickolas Huchins is annually 
bounde to pay his rente (but how will that be ackcomplished 
if his tillablle landes & meddow be layd wast for A roade way 
for ezekiell Needeums use & what deniall in reason can bee 
giuen if this roade way should so unreasonably bee graunted 
& confirmed but in process of time against law & custom will 
bringe to effect that wee the true & sole proprietors shall 

* Autograph. 



244 SALEM QUARTERLY COURT [June 

haue A roade country way through this our anciente im- 
proued & inclosed feilds & then I besech youre honnoures 
consider how its euer possible ezekiell Needeum will euer for 
such an unneighborly incumbrance be ablle to make us any 
competent satisfaction for such A continuall yearely dayly 
& continuall destruction in our feilds & labors, the presage of 
w^h exept timely use of meanes preuent wee see is like to 
ensue & fall uppon our estates & although wee might enlarge 
A very grate deale more in y« layinge open of this so unneigh- 
borly an acct offered unto us wee only craue y^ libertyes that 
ye lawes of God & cristian gouernment alloweth us som of 
w'=h wee recite, only, first giueinge your Honnours to under- 
stande y* y^ incumbrance made for this way by Ezekiell Need- 
eum & ye seleckt men as aforesayd is uppon y^ ancient graunte 
of house lots & whence wee finde by law house lots adioyneinge 
each to others are to mainetayne theire fence by equall pro- 
portion whether improved or not. Law, title fences, 2 book 
of lawes page y^ 12 & cottages is well knowne to all By Law 
tittled cottages haue no tittlee in Commons & then if no tittlee 
in commons by consequence it followeth not of righte for 

Needeum aforesayd to court or y^ selectmen to out a 

way to pass through too & fro & are y^ parents of y^ 

country, wee are children willingely to sub to wholesome 

gouernment wee will not sell our birthrighte for A mess of 
pottage wee doubte not but youre hounours will assure us 
releife, 

"Moreouer its well knowne in this country that the anciente 
country Roads betwixt marbllehead & Lin & Boston went 
thorough all m"" Kings farme nere to Mr. Kings dore, & not 
far from y^ place ezekiell needeums house standeth but m' 
Kinge fndinge y^ inconuenience of it used y" means & it was 
remoued where it now is & if it be in y^ minds of any of y^ 
aforesayd m"^ daniell Kinge his suckessors to procure a roade 
way through our lands for theire occasions & stop up this 
ancient way, this in so doinge wee most humbly conceiue to 
contradict law and justice. Nickolas Huchins,* Edwarde 
(his mark) Richards and Benjamen Farr.*" 

Petition of Sarah Hathorne* of Lynn, widow: that her 
husband for many years had kept a house of public entertain- 
ment in Lyn "as is well knowne to y^ Hono^'^ Court & Coun- 
trey. . and was at great charge to fit both house & prouide 
necessary goods for such an end, at length it pleased God to 
take him from mee y^ poore supplicant & left mee under many 
debts w<='' I must & ought in conscience to take an honest 
care & course to pay them. . and her house standing soe 
In ye Rhoad way of Travellers," she requests a renewal of 
the license. 

* Autograph. 



1679] RECORDS AND FILES 245 

Copy of an order of the General Court, May 28, 1679, made 
by Edw. Rawson,* secretary: that the Chebacco inhabitants 
who were urging the erection of a meeting house against the 
advice of the council were to appear at the next Salem court 
and make acknowledgment. 

John Gittings, Joseph Gittings Abraham Martain, Seth 
Story, Hannah Goodhue, Hannah Martain and Thomas 
Varny, for his wife, acknowledged, in court, 25 : 4 : 1679, 
that "we are conuinced that wee haue offended in being 
actiue to erect a meting hous contrary to the aduis and pro- 
hobession of the Counsell for which we are sory and desier 
it may be forgiuen." 

From the files of the Salem Commissioners' court: 

Writ: Mr. Edward Norris, sr. v. Anthony Dike; debt, for teaching his 
two sons to read and write; dated 30 : 9 : 1678; signed by Hilliard Veren,* 
for the court; and served by Henry Skerry,* marshal of Salem. 

William Curtis, constable, was some time the last week at Samuell Prince's 
chamber and there among other discourse he heard Arthur Huse swear by 
God. 

Writ: Mannasseh Marston v. Samuell Silsby; for taking up a horse and 
detaining him; dated 13 : 10 : 1678; signed by HiUiard Veren,* for the 
court and clerk of the town of Salem; and served by Henry Skerry,* mar- 
shal of Salem. 

John Marston, aged about forty years, testified that some time last spring 
when John Tally made up his accounts with those who were concerned with 
him in his late Virginia voyage, Tally said that there were three hogsheads 
of tobacco at Boston that belonged to the cargo and Mr. EUezer Gedny had 
an interest in one-quarter of the cargo. 

James Browne, aged about thirty-one years, asked to tell what he knew 
about John ChapUn, deposed that he saw him much disguised with drink 
just after the privateer ship came in and he used bad language. Sworn, 
7 : 11 : 1678. 

Thomas Clearke deposed that one night being upon the watch in com- 
pany with Mathew Barton when the privateer lay within Baker's Island, 
as they were walking the rounds they heard a loud noise at or near the door 
of John WilUams, the cooper, and it was John Chaplin drunk. Jonathan 
BartoD testified that he saw the man but being a stranger did not know his 
name until Clarke told him it was Chaplin. They further said that Chaplin 
swore and said "now is the time to get monev, the privateer wants horses," 
etc. Sworn, 7:11: 1678. 

Writ: Eliazer Gedney v. Jno. Tauly; for not delivering one hogshead of 
bulk tobacco; dated 25 : 10 : 1678; signed by Hilliard Veren,* for the court 
and clerk of the town of Salem; and served by Henry Skerry,* marshal of 
Salem. 

Benjamin Gerish* certified at Salem, Dec. 28, 1678, that he was interested 
with John Tauly and Eleazer Gedny in three hogsheads of bulk tobacco 
which Tauly loaded on board the Wilhng Mind, Robert Right, master, in 
Virginia, some time in 1677 which ketch arriving in Boston and the tobacco 
being in bulk and landed in Mr. Wharton's warehouse not looked after 
seasonably occasioned much damage if not a total loss, whereby Benjamin 
Marstone was acquitted from all obligations, etc. Wit: John Rucke* and 
Hilliard Veren, jr.* 

Benjamin Gerrish, aged about twenty-four years, testified. Sworn, 27 : 
10 : 1678, before Bartho. Gedney,* commissioner. 

* Autograph. 



246 SALEM QUARTERLY COURT [JunC 

Manaseth Marston, aged about thirty-four years, testified. Sworn, 
7:11: 1678. 

Writ: John Norman v. Samuell Morgaine; debt, for trimming a boat, 
with all materials; dated 28 : 11 : 1678; signed by HiUiard Veren,* for the 
coui't and clerk of the town of Salem; and served by Henry Skerry,* marshal 
of Salem. 

John Norman's bill of cost. Hi. 5s. 4d. 

Mr. Samll. Morgan is Dr. to 4 hands 4 dayes work, 21i. 8s.; 10 Timbers 
& 4 harpines on a side, 12s.; 60 foot of oake Board at 1 l-2d., 7s. 6d. ; one 
hundred of pine boards to seale, 5s.; 20 foott of 2 Inche oake planke, at 2d. 
per foot, 3s. 4d.; 30 foot of Pine planke to Lay the Cuddy, 5s.; a Knee layd, 
upon Sterne post & keel, 2s.; 1 Thoughts & 3 knees, 3s. 6d.; 241i. of oakum 
at 2 l-2d., 5s.; 34U. of Roasin, 7s.; 5h. Double Tenns at 2s., 10s.; Ih. 1-2 
Nayles at 4s., 6s.; 6 qts. oyle, 4d. per, 2s.; Ih. of Trunnels, Is.; total, 5U. 
17s. 4d. Sworn, 4 : 12 : 1678. 

DanieU Bakon, aged about thirty-eight years, deposed that he helped 
haul up the boat, etc. Sworn, 4 : 12: 1678. 

Account of goods John Norman of Salem had of Samuell Morgin: one 
half hundred breade, 9s.; one pease of kenttin, lU. 8s.; one barill of mack- 
erill chaise, Ih.; total, 2h. 17s. 

James Browne, aged about thirty-one years, deposed that sometime in 
December or January, 1677, he was at work at the house of Richard Nor- 
man at Marblehead and in the evening Mr. Ely Gidney of Salem came in 
with John Norman, DanieU Bakon and Samuell Morgan of Marblehead. 
Norman demanded 5U. 17s. of Morgan for nails, etc., but the latter said 
it was too much, and they agreed to leave it to Mr. Elie Gidney and James 
Dennis of Marblehead, who awarded 51i. Sworn, 4 : 12 : 1678. 

Samll. Roapes, aged about twenty-two years, deposed that the boat which 
they hauled up to mend was in such a condition that they could hardly keep 
her together and they were forced to put in many new timbers and nails. 
They worked upon her three or four days. Sworn, 4 : 12 : 1678. 

Warrant, dated Feb. 3, 1678-9, for apprehension of William Smith, for 
drunkenness, also John Pease, for selling drink contrary to law, and sum- 
mons to Edmund Bridges and Wm. Reeves as witnesses, signed by Barthol. 
Gedny,* commissioner. 

Edmo. Bridges and William Reives deposed that about the beginning of 
this winter as they were coming from Ipswich they called at John Pease, 
jr.'s, house, asked for a gill of rum and paid for it. Sworn, 4 : 12 : 1678. 

Warrant, dated 28 : 11 : 1678, for the apprehension of Nathaniell Bedle 
upon complaint of William Curtis, constable, signed by Edm. Batter,* com- 
missioner of Salem. 

WilUam Cin-tis' complaint against Nathaniell Bedle: "a coming from 
m'^ verins one the 18* "^ day of nouember in the night hauin Receaued a warant 
of m'' verin I thought Good acoming along to Go in to the ordnares to se 
whether there was any of my ward to warn them to take the oth of Allegiance 
and I went into two Romes and I found seuerall of my ward and I went into 
M'' Kings kitchin and there I found M"" King & Nathaniell Bedle & Samuell 
Williams and I warned them according to order to take the oth and it Came 
into my mind after I had dun to ask Nathaniell Bedle for the ministers Rate 
becaus he promised me to pay it to Mr. Higinson and he had not dun it as 
I could understand from m'' Higenson and he spoke in a rage and caled me 
pitifull Cur and asked me why I asked him for the rate at that time and 
my reson was becaus he had not paid it and he Caled me foole and Shaked 
his pocket and said ther was mony and asked me what his case was and 
I went to sho it to him and he said he would se me hanged before I should 
haue any of it to pay M"" Higenson but bid me com to his hous and he would 
take a Cors with me and pay me the rate and I went to M'' King's twice with 
my black staf that night to warn him out of the hous where he was drinking 
after 9 Clok and he refused to obey me but made a skof and a scom at me 

* Autograph. 



1679] RECORDS AND FILES 247 

with scornfull speches and the rest of them that were in the rome besids. 
and the next Saterday, folouin at the barbers shop I was there & Nathaniell 
Bedle and he fell into discource with me about this Contention, and many 
Reproachfull words he gaue me for many people that herd it were ashamed 
to here him and he told me that I were again to strik him with my black 
staf when I went to warn him to Goe out of the hous that night and he told 
me that if I did he would athroed me at the bac of the fire therefore he told 
me it was well for me I did not." John Willkenson, Richard Maybe and 
Thomas Bell testified to the same. Sworn, 4 : 12 : 1678. 

Search warrant, dated 14 : 9 : 1678, to go in all suspicious places, houses, 
cellars and vessels, or where Samuell Archard shall direct for some wood 
of his which was stolen last night, signed by Edm. Batter,* commissioner, 
and served by WilUam Curtis, * constable, who returned that he found about 
three feet of the wood in John Clifford's canoe, near Chfford's house, and 
his servants owned that they took it. 

Warrant, dated Feb. 3, 1678-9, for the apprehension of John Bur9ughs, 
William Dicer's man, for drunkenness, and also Ishack Foot as a witness, 
signed by Bartho. Gidny,* commissioner. 

Writ: Mr. Edmund Batter v. Capt. James Smith; debt; dated, 16 : 11: 
1678; signed by Hilliard Veren,* for the court and clerk of the town of 
Salem; and served by Joseph Webb,* marshal, by attachment of a quart 
pot and dish which Wilham Godsaw said belonged to Smith, and the latter's 
wife owned them to be his. 

Mr. Edmund Batter's bill of cost against Capt. James Smith, 18s. 6d. 
Summons, dated 3:1: 1678, to Edward WooUins, Edmund Bridges and 
Samuell Prince, as witnesses in the action between Mr. Edmund Batter, 
attorney to Walter Penuell and William Bowditch, also to Philhp Lues and 
said Bowditch, signed by Wm. Hathorne,* assistant. 

PhiUp Lewis' bill of costs against W^illiam Bowdidge, 7s. 6d. 
Writ: PhiUip Lewis v. Mr. Wm. Bowditch; for withholding his share m a 
fishing voyage made in the said Bowditch's ketch; dated 19 : 12 :1678; 
signed by Hilliard Veren,* for the com-t, and clerk of the town of Salem; 
and served by Henry Skerry,* marshal of Salem, by attachment of the land 
on defendant's wharf. 

Writ: Mr. Edmund Batter, attorney to Walter Penuell v. Mr Wm. Bow- 
ditch; for withholding a part of his son John's fishing voyage, he having 
gone with Bowditch, and for withholding the account of the voyage; dated 
19 : 12 : 1678; signed by HiUiard Veren,* for the court, and clerk of the 
town of Salem; and served by Henry Skerry,* marshal of Salem, by attach- 
ment of defendant's land upon his wharf. 

Phillip Lewes. Dr.: 16 : 11 : 77, To 6 large cod Lynes at 4s. p., 181i.; Led 
at 4d., 3 pecks pease, Ih. 13s.; 13 : 12 : 77-8, to 5s. pd. MackmiUo, threed, 
4d., 12d. mony, 6s. 4d.; 19 : 13 : 77-8, to pipes, 2d., 1 Barr. porke, 3s. 15d.; 
1 Bush. Indian, 3s. 8d., 31i. 18£. 2d.; 28 : 1, to 1-2 Bush, of pease, 2s. 3d.; 
thread, 5d.; filiating, 8d.; Buttons, 8d.; thread, 4d.; buttons, 4d.; to 2 
large cod lynes, 8s. 8d.; 1 doz. cod hookes, 3s. 6d.; 10 : 2 : 78, to 3 yds. 
serge, at 4s. 6d. per vd., 1 vrd canvas, at 2s. 8d., 15s. 6d.; silke. Id.; thred, 
6d.; 1 1-2 doz. buttons at 3d. per doz., 11 l-2d.; 23 : 2 : 78, 5 ounces of 
Thread at 5d. p. Tape, 4d., 2s. 5d.; 29 : 3 : 78, to 2 Bush, of Indian corn, 
paire of cards, 8s. 6d.; 30 : 3 : 78, to 4 1-211. role Tobacco at 8d. p., 3s.; 
4 : 4 : 78, to 1 Bush, of ry & 1-2 Bush, of Indian, 5s. 6d.; 29 : 4 : 78, to 1 
Bush, of Indian, 1 qrt. of rum, 4s.; 12 : 5 : 78, to 5s. pd. Mary Arthy, 8s. to 
Goody Peddrick, 13s.; 26 :5 : 78, to Bush. Indian come, 6s.; 31 : 5 : 78, 
to 2 C. of hobb nayles & 1 pint of rum, Is. 2d.; 12 : 6 : 78, to 1 doz. cod 
hookes, 4U. leaf Tobaco, 5s. 6d.; 27 : 6 : 78, to 1 Bush. Indian, & 1-2 Bush of 
ry to John Norton. 5s. ; 2:8: 78, to 1 1-2 Bush. Indian corne & 1 qrt. rum, 
5s. 6d.; 1-2 Bush, ry, lU. Tobacco, 1-2 Bush. Indian, 4s.; 16 : 8 : 78, to 1 qrt. 
rum, 1 Bush, pease, 5s. ; 1:9: 78, to lOs. silver, 10s. silver, allowance 2s. 
p U., Ih. 2s. 3d.; to 1 Bush, ry, 4s.; 7 : 9 : 78, 1 Bush ry, 3 pecks Ry, 7s.; 

* Autograph. 



248 SALEM QUARTERLY COURT [June 

12s. to his wife, 12s.; 16 : 10 : 78, to 5 qtl. refuse fish to Mr. Veren, sr., 2U. 
10s.; 51i. pork, 20d.; to Robert Hodge, lli. lis. 6d.; 20 : 11 : 78, Thrid, Is.; 
1 Bush. Indian p miller, 4s.; to Blacke thrid, 4d.; mony, 12d. Cr., due to 
him on his fishing voyage, 19li. 2s. lOd.; by work done about ketch Willing. 
5s.; 21 : 11 : 1678-9, due to Phillip Lewis, lU. 15s. 2 l-2d. Sworn, 4:1: 
1678. 

Wilham Bowditch's bill of cost against Mr. Edmund Batter, 4s. 6d. 

Philip Greely's bill of cost against Timothy Lindal, for ferriage at Salem 
and Sahsbury, coming to Salem to get George Dane sworn, etc., lis. 2d. 

Warrant, dated, 3:1: 1678-9, for the appearance of the wife of Arthur 
Gray, for keeping too much company on Lord's day with Allen Chard, 
signed by Edm. Batter,* commissioner, and served by William Curtis,* con- 
stable of Salem. 

Warrant, dated 25 : 12 : 1678-9, for the appearance of Allen Chard and the 
wife of Arthur Gray, to answer for being in said Gray's house together in 
time of pubUc service of God on Sabbath day last, signed by Edmund Batter,* 
commissioner, and served by Jno. Norman,* constable of Salem, who re- 
turned that he summoned Hellen Chard, but could not find Hana Gray. 

Joseph Phippen, sr., and Henry Skerry, jr., tythingmen, deposed that 
going out of the meeting on 24 : 12 : 1678 to inspect suspicious houses, they 
found Goody Gray and one Hellen Chard, etc. Sworn, 4:1: 1678-9. 

Execution, dated Mar. 5, 1678-9, against John Darby to satisfy judgment 
granted Mr. John Turner, Mar. 4, 167S-9, at the Salem commissioners' 
court, signed by Hilliard Veren,* clerk, and served by John Wilhams,* cooper, 
deputy to Henry Skerry,* marshal of Salem, who, for want of goods, delivered 
said Darby to Turner to be his servant for seven months. 

Summons, dated 28 : 12 : 1678, to the tythingmen of Salem, Mr. John 
Hathorne, Mr. John Ruck, Mr. Eleazer Gedney, Jeremiah Meachum, John 
Reeves, Samuell Wilhams, Jonathan Eger, Mr. Nehemiah Willoughby, Mr. 
Joseph Phippen, sr., Isaack Foot, Henry Skerry, jr., Ehas Mason and John 
Roapes, to appear before the commissioners to take their oath, signed by 
HiUiard Veren,* clerk, and returned by Constable Serls. 

Sarah Haven's bill of cost, 12s. Rich. Haven, sr., Rich. Haven, jr., Hannah 
Goodale, Joseph Mansfeild, Susana Haven and Mary Tarrbox mentioned. 

Summons, dated 26 : 12 : 1678-9, for the appearance of Will. Holace and 
William Raine, Jno. Becket's servants, for carrying away a boat without leave, 
signed by Edm. Batter,* commissioner, and served by WiUiam Curtis* con- 
stable of Salem. 

Robt. Stone, aged about seventeen years, and Martin Majory, aged about 
twenty years, deposed that the ketch called the Supply being ready to set 
sail and bound for a voyage to the Southward, only waiting for a fair wind, 
the master Robert Stone, sr., wanted some iron to take with them. They 
went to get their boat to carry it aboard, but when they came to the water 
side the boat was not there, and Joseph Majory told them that William 
Rayne and another whom he did not know had carried it away. They were 
obhged to get another canoe, hoping the boat would be returned before 
evening. The master went to look for her, with four hands, as far as the 
bridge in Forest river but could not find her. The next morning they found 
her on Marblehead side near Frogmorton's cove, laden with wood and sunk, 
Hollis and Rayne being there and owning that they took her. They lost a 
day's sail, which would have taken them to Martin Vineyard sound. Sworn, 
26 : 12 : 1678-9, before Edmund Batter,* commissioner. 

Warrant, dated Apr. 4, 1679, for the appearance of Henry Kenny, for 
slandering Mr. Baily, minister, by reporting that he did not perform family 
duties, also summons to the wife of Nathaniell Ingerson, the wife of Jonathan 
Knight, Edward Putnam and the wife of Joseph Holton, as witnesses, signed 
by HiUiard Veren,* clerk of the court and for the town of Salem, and served 
by Joshua Rea,* constable of Salem Farms. 

Complaint of Thomas Putnam, sr.,* John Putnam, sr.,* Daniel Andrew* 

* Autograph. 



1679] RECORDS AND FILES 249 

and Nathaniel IngersoU:* that Henery Keeney had greatly slandered their 
minister Mr. Bayely by reporting that he neglected family duties, at several 
places, at Line to John Colens, to the wife of Nathanell Ingersoll, to the 
wife of Jonathan Knight, to Ed. Putnam and to the wife of Joseph Holtone, sr. 
Ane King, aged about fifty years, deposed that being at Mr. Baly's house 
for three weeks together, she never heard him read a chapter nor expound 
any part of the Scripture which was a great grief to her. 

Edward Putnam, aged about twenty-three years, deposed that he heard 
Kenny make the charges. The wife of Nathaniel Ingerson and the wife of 
Joseph Holten testified the same. Sworn, 8:2: 1678. 

James Smith,* Frances Geferd,* John Shepard* and Mary Woodrow* 
deposed, on Mar. 2, 1678-9, that they had lived in Mr. Bayly's family at 
different times and he always performed family duties morning and evening 
unless sickness or some other unavoidable providence prevented. 

Francis Geffards and Mary Woodrow deposed that during the time they 
lived at Mr. Bayleyes house, one being a boarder there at times for the space 
of two or three years and the other having lived there for about a year and 
a quarter, he read the scriptures and other profitable books and also repeated 
his own sermons in his family, as well as family prayers. He always en- 
deavored to keep good order in his family, carrying himself exemplarily 
therein. 

Henry Skerry, clerk of the train band under Capt. Price, and John WiUiams, 
clerk also of the same company, deposed that going into the house of Robert 
Hodg to levy for a fine, and coming out again, they met him in the yard and 
he was in a rage, used many abusive words and threatened to knock out 
Henry Skerry's brains. Sworn, 6:3: 1679. 

Warrant, dated 6:3: 1679, for the apprehension of Robert Hodg, for 
abusing an officer and clerk of the train band in the execution of his office, 
signed by Hilliard Veren,* cleric. 

Writ: Mr. John Higgenson, jr. v. Mathew Nixon; debt; dated 26 : 2 : 
1679; signed by Hilliard Veren,* for the court, and cleric for the town of 
Salem; and served by James Powllen,* constable of Salem, by attachment 
of the land on which Mathew Nixson's house stands and all the yard to 
Thomas Serle's house. 

Mary Cock, aged about thirty-nine years, and Mary Brandway deposed 
that about Jan. 6 they were present when Mathew Nixon gave actual posses- 
sion of his house and ground and dehvered all his moveables to Walter Whit- 
ford and Bridget his wife, together with the house and land. Sworn, 6:3: 
1679. 

Mathew Barton, complained of for drunkenness on the Sabbath day, 
confessed the fact, he appearing according to summons, dated 6:3: 1679, 
with Tho. Rix and his wife, as witnesses. 

Mathew Nixson, Dr. to Jno. Higgenson, jr.:* 15 : 12 : 1674, to buttons, 
silk, 1 pt. Brandy, 3s. 6d.; 18 : 12. 1 pt. Brandy, 1 qt. Brandy, 3s.; 1 pt. 
Brandy, 2s.; wood stock, &c., 4s. 4d.; Brandy, 2s.; 19 :5 : 74-5, Brandy 
2s.; in. nayles & Brandy, Is. 3d.; Cod lines & twine. 15s.; 1-2 doz. capl. 
hooks & mackerel hooks. Is. 9d. ; total, Ih. 12s. lOd. Sworn, 6:3: 1679. 

Warrant, dated Apr. 24, 1679, for the appearance of Thomas Brackett 
and his wife, for disorderly hving in a way of discontent and clammer, and 
other abusive carriages, also to summon the wife of John Tompkins, Hugh 
Joanes, John Smale and his wife, signed by HilUard Veren,* cleric, and served 
by James Simonds,* constable of Salem. 

Members of the church appointed to inquire into the case of Tho. Bracket 
and his wife reported that they found Sister Bracket very blamable but she 
desired the help of their prayers to God for her. They found no legal ground 
to convict her neither was there ground to suspend her from the Lord's supper. 

Thomas Maul's reasons for suspecting Sergt. James Brown of stealing goods 
from him: he was very well acquainted at his shop, and bragged that he 
could open the door with a cold chisel the very night of the theft; the next 

* Autograph. 



250 SALEM QUARTERLY COURT [June 

day he was very forward to charge many persons of better manners than 
himself with the theft and Maul had hard work to get rid of him, "whos com- 
pany was noe welcomar then watar into a new ship," but if anyone charged 
him with it he would change countenance as if he "would a sounded away;" 
he prevented the watch going toward the bridge, and at the time that the 
shop was broken into, according to Francis Crod; he told Maul that the 
loss was not more than 30h. worth of goods when Maul claimed lOOU.; by 
his own confession he was abroad that night until nearly 12 o'clock, and was 
seen in Maul's new house all alone about 9 o'clock, etc. 

James Pouhng and Edmond Bridges testified that they heard Brown say 
that the reason he was abroad so late that night was because it was a hot 
night and they were troubled with bugs and he could not sleep, etc. Sworn, 
3:4: 1679. 

On May 30, 1679, Tho. Maull was bound to prosecute before Bartho. 
Gedny,* commissioner. 

Thos. Maul and his wife Naomi deposed that Browne said in their shop 
that it would be an easy thing to steal then- goods and MauU said "I thinke 
to hang a hamaker there," and Browne said he could get in for all of that. 
After the goods were stolen he told Maul that he need not be troubled for 
the goods would be brought back. Sworn, 3:4: 1679. 

James Browne's* declaration on June 3, 1679: that on Election day last 
in the morning about daybreak he heard a noise in the cellar of Thomas 
Veahe and after sun "was an hour high, his wife came in and told him that 
people said that Maule's shop was broken into. He met VeaUe in the entry 
and he said that they were fools for not searching for the goods at daybreak 
for if he had taken them he would have concealed them by that time; that 
when the constables searched Vealie's house the second time and found the 
ground hollow by running in a staff, he asked the constables if they saw an 
old chest in the cellar or in the house about two feet and a half long with a 
great hole cut in the fore part of it and below the hole a staple with a crooked 
iron hanging to it as they use to bring open the lid of it, and there was a 
staple which they used sometimes to lock with a padlock and the constables 
said they did not see it; that he had heard from several of not the meanest 
rank in town that Vealye had been often suspected of felony; that he had 
lost quantities of his winter provisions and suspected Vealye, etc. Sworn, 
3:4: 1679. 

James Browne,* on May 30, 1679, gave bond for appearance. 
Examination of James Browne, May 30, 1679, before Bar. Gedney, com- 
missioner: that Brown asked the watch not to walk to the north east end 
of the town the first part of the night but toward the point of rocks, and Hill 
replied that four were ordered to stay by the prison. 

Hanah Browne testified. May 30, 1679, that on May 27 at about ten o'clock, 
Roger Hill, one of the watch, came into their house and talked with her 
husband and as soon as he went, her husband went to bed, where he stayed 
until 7 o'clock the next morning. She went to bed a half hour later and on 
account of the child's crying she slept hardly at all that night. She arose a 
httle before the cows went out and before that she heard her neighbor Vele 
in his cellar rummaging and turning out barrels, etc. Sworn, 3:4: 1679. 

William Peirce, aged about fifteen years, deposed that he was on the watch 
with Goodman Hill, WiUiam Curtis, jr., and others, when James Browne 
came to them and said he had some work for Hill to do the next day, etc. 
Sworn, 3:4: 1679. , . ^ , , , 

Sarah Bridges, aged about thirty-seven years, testified that bemg at Maule s 
shop she heard James Browne, glazier, etc. Sworn, 3:4: 1679. 

Hannah Sibly testified that she saw Brown in her master's new house 
when she was milking, etc. Sworn, 3:4: 1679. 

Jeremiah Neale, aged about thirty-four years, testified that about a half 
hour before the bell rung in the evening he met James Browne and George 
Thomas in the highway near the house where old Gasgaine now lives, and 

* Autograph. 



1679] RECORDS AND FILES 251 

Browne went with him to deponent's brother FUnt's house, where they stayed 
a short time until after the bell rung. Then they came out and Browne 
asked him to go into his house with him but deponent said it was very late 
and so Browne went in alone. Sworn, 3:4: 1679. 

Roger HiU, aged fifty years, deposed that Browne told him when he was 
upon the watch he had orders to go to the point of rocks first, etc. Sworn 
before WiUiam Browne,* commissioner. 

William Curtis, jr., aged about sixteen years, testified. Sworn before 
William Browne,* commissioner. 

Constable Poland and Will. Curtis, constable, affirmed that they used to 
order the watch to go down to the lower end first, etc. Sworn, 3:4: 1679. 

Mercye Marston, aged about thirty years, deposed. Sworn, 3:4: 1679. 

Writ: Capt. Richard More v. Thomas Chubb, sr.; debt; dated 9:3: 1679; 
signed by HiUiard Veren,* for the com-t and clerk of the town of Salem; 
and served by Nehemiah Willoughby,* constable, who committed said Chubb 
to prison. 

Richard More's bill of cost, 10s. lOd. 

Susanah Duch, aged about twenty-eight years, testified that being at 
her father's house, Chubb came there. Her uncle Humphrey Woodbury 
was there also in the kitchen, who with deponent were witnesses that Chubb 
promised to pay her mother 20s., on account of his son Thomas, etc. Sworn, 
3:4: 1679. 

Humphrey Woodbury, aged about seventy years, deposed that being at 
his brother Richard More's house in Salem, etc. Sworn, 3:4: 1679. 

Letter, dated Salem, May 12, 1679, from Francis Skerry* and John Choub* 
to Mr. Benjamine Felton to deliver Tho. Choub out of prison and they would 
be bound for him. 

Fines, May 26, 1678, by Mr. Wm. Browne: 

A stranger, for excessive drinking. 

William Smith, for drunkenness and abusive language to Henry West, 
tythingman. He confessed that he drank at Ed. Bridges' and became drunk. 

Edmond Bridges, for selling cider within doors by retail, was ordered to 
appear at the next court, and gave bond with Fra. Niu-ss and Chris. Latta- 
more, as sureties. 

Petition of John WiUkison:* that he had been sent for to answer for ex- 
cessive drinlving and keeping bad order in his house, which charge he denied, 
and asked to see his accusers to find out if the charges were not made on 
account of prejudice, etc. 

Marey Indecot, aged about twelue years, deposed that she saw fiddUng 
and dancing in John Willkesun's house and Hue drinking hquor there. 

Margat Dohng, aged about eleven years, deposed the same. 

Hew Galloway, aged about twenty-two years, testified that they asked 
him to fetch a quart of rum and the next morning they wished to borrow a 
half crown of him. He bought a quart and drank it there and drank and 
paid for another quart at Wilkensun's house the next morning. Sworn, 
7:8: 1679. 

Jonathan Ager and Isack Foott, tythingmen, upon complaint against 
Mary Meds for constantly neglecting the pubhc worship of God on the Lord's 
day, went to her house, knocked at the door ''and caled and at lenth waked 
her dafter and with seuerall cahngs she wakened her mother and so let us in, 
and being asked the reson of the aboue said neglect and she said with angrie 
words we had more neede to look after Rude boys: and bid us goe out of her 
hous: and said she cold not nor wold not goe to metting for none of 
them all." Also they had told Isack Whitecer, servant to Francis Skerry, 
at several times when they met him, to go into meeting, threatening to report 
him to authority, but he did not mind their words. 

Writ: Edmund Batter v. Jno. Bouden; debt; dated 2:3: 1679; signed 
by HiUiard Veren,* for the court and clerk for the town of Salem; and served 

* Autograph. 



252 SALEM QUARTERLY COURT [June 

by Henry Skerry,* marshal of Salem, by attachment of four chests, a bed- 
stead, rug and a chair of defendant. 

Writ: Mr. Edmond Batter v. Walter Fairefeild; debt; dated 9:3: 1679; 
signed by HiUiard Veren,* for the court, and clerk of the town of Salem; 
and served by Henry Williams,* deputy for Robert Lord,* marshal of Ipswich, 
by attachment of a house of defendant at Wenam. 

Writ of replevin, for a horse of Edward Wharton's, deceased, seized by 
Ezekiell Needham, to be delivered to Samuell Shattock, attorney to George 
Wharton, administrator of the estate of said Edward; dated June 23, 1679; 
signed by HiUiard Veren,* for the court, and clerk for the town of Salem; 
and served by Jonn Bullock,* deputy for Henry Skerry,* marshal of Salem. 

Ezekell Nedham's bill of cost, Hi. 13s. 

Samll. Shattock's bill of cost, Hi. 15s. 

John Bullock, aged about twenty-four years, deposed that this horse was 
formerly Edward Wharton's, and he had heard Needom say that he took 
it up with a rope about his neck. Since then deponent had seen a brand of 
E. B. upon him. Sworn, 5:6: 1679. 

W. Reeves and J. Cook testified concerning the color and marks on the 

torse. ^ T , , , . 

Samuell Princ, aged about twenty-five years, testfied that he saw this 
horse about the time it ran away from Josiah Sotherick, a year and a half 
■ago, in the south field with a rope about his neck. Sworn, 5:6: 1679. 

Manaseth Marston, aged about thirty-four years, testified that this is 
the horse that Isack Woodbery of Beverly sold to Ezekiell Needham about 
two years ago. Sworn, 5:6: 1679. 

John Lewis, jr., aged about nineteen years, deposed that he saw Samuell 
Shaduck, jr., of Salem take a horse of a blackish brown color of Ezekiell 
J^Jeedham's out of his pasture, about a week since, etc. Sworn before Capt. 
Walker and Thomas Laughton,* commissioners of Lyn. 

Copy of letter of attorney, dated July 4, 1678, given before Anthony 
Wright, notary pubhc, dwelhng in London, by George Wharton of London, 
brother and administrator of the estate of Edmond Wharton, late of Salem, 
to Samuell Shattock, sr., and Samuell Shattock, jr., dwelling in Salem. Wit: 
Henry Frogg, Lawrence Cresse and William Cranch. On July 5, 1678, 
Sir Frances ChapUn, Lord Mayor of London, the aldermen and senators 
also, certified that Anthony Wright was a legally appointed notary public, 
signed by Wagstaffe. Copy made by HiUiard Veren,* cleric. 

EzekieU Needham, aged about thirty-two years, deposed that when he 
bought the horse John Bulock affirmed that it was a colt of Robert Wilkes' 
mare, etc. Sworn, 5:6: 1679. 

WiUiam Trassk and Josiah Southwicke testified. Sworn, 5:6: 1679. 

John Lewis, sr., aged about forty years, deposed that when Needham took 
up the horse he was so wild that it was a fortnight before he could be ridden, 
etc. Sworn at Lyn, before Capt. WaUier and Thomas Laughton,* com- 
missioners. 

Mr. Ralph Kinge, aged about forty years, and John Richards, aged about 
thirty years, testified. Sworn at Lyn, before Capt. WaUcer and Thomas 
Laughton,* commissioners. 

Joseph Lord, aged about seventeen years, testified that his master Edward 
Wharton wintered the horse about three months, etc. Sworn, 5:6: 1679. 

William Reeves, aged about thirty-four years, deposed that he had several 
times seen Ezekiel Needom ride upon the horse. Sworn, 5:6: 1679. 

Edmond Bridges, aged about forty years, testified that Edward Wharton's 
horse was impressed by order of the committee of militia of Salem to go 
post with a letter to the Major GeneraU, and deponent rode part of the way, 
Jno. Richards of Lin told deponent, etc. Sworn, 5:6: 1679. 

John Cooke, aged about thirty years, testified that he had shod the horse 
for Edward Wharton several times and also trimmed him, etc. Sworn, 
5:6: 1679. 

* Autograph, 



1679] RECORDS AND FILES 255 

John Richards, aged about thirty years, and Nickolas Huchins, aged 
about forty-two years, testified concerning the marks on the horse, etc. 
Sworn at Lyn, 30 : 4 : 1679, before Capt. Walker and Thomas Laughton,* 
commissioners. 

John Richards, aged about thirty-five years, and Nicoles Hutchens, aged 
about forty-two years, deposed that the horse was Ezekiel's riding horse 
for over a year, etc. Sworn, 5:6: 1679, before Wm. Hathorne,* assistant. 

Writ: Robert Burges v. Samuell Hobbs; for neglecting and leaving his 
work from time to time, as he was engaged as partner with plaintiff to per- 
form; dated 29 : 5 : 1679; signed by Hilliard Veren,* for the court, and 
clerk of the town of Salem; and served by James Poulon,* constable of 
Salem, by attachment of a chest and the Sunday clothes of said Hobbs in 
the chest. 

Robert Burgis' bill of cost, 10s. 2d. 

Hilliard Veren, jr., testified that Samuell Hobbs engaged with Robt. Bur- 
gis to build a stack of chimneys and do other work for deponent in partner- 
ship, to be finished some months since. Now the work was nearly finished, 
without any help from Hobbs, etc. Sworn, 5:6: 1679. 

Writ: Mr. Richard Croade v. Samuell Hobbs; debt; dated July 29, 1679; 
signed by Hilliard Veren,* for the court and for the town of Salem; and 
served by James Powllen,* constable of Salem, by attachment of a chest 
and clothes of defendant. 

Richard Croad's bill of cost, 15s. lOd. 

Samuel (his mark) Hobbs owned, 29 : 5 : 1679, that he owed Richard 
Croade 47s. 2d. Wit: James Powllen, f constable. Sworn, 5:6: 1679. 

Executions, dated 7:6: 1679, against Samuell Hobbs, to satisfy judg- 
ments granted Mr. Richard Croade and Robert Burgis at the Salem com- 
missioners' court, 5:6: 1679, signed by HiUiard Veren,* cleric, and served 
by Henry Skerry,* marshal of Salem. 

Warrant, dated July 18, 1679, for the appearance of Mrs. Ellener Holling- 
worth and her son Wilham, signed by William Browne,* commissioner, and 
served by James Powllen,* constable of Salem. 

SammueU Prince, aged about twenty-five years, deposed that he was 
present when Wilham Holhngworth and John Beckett, jr.. had some words 
and that Wilham had great provocation for what he said to Becket. Sworn, 
5:6: 1679. 

Mrs. Holhngworth deposed that Samuell Graye and John Becket, jr., 
went from her house together, and shortly returned with his mouth bloody 
and much swollen, saying Gray had struck him, and she took a cloth to 
wipe away the blood. Sworn, 5:6: 1679. 

Walter Whitford, aged about fifty-one years, deposed that he being re- 
quired by constable Sarles to part Samuell Gray and John Best from fighting, 
etc. 

John Becket, jr., testified that when Sam. Gray struck him down in the 
lane, Wilham Holhngworth stood by and deponent told him that as they 
were children together, before "I would haue seen him so abused I would 
haue died by him," to which Wilham made answer that he loved to see men 
kill one another. Sworn, 5:6: 1679. 

Samuel Prince, aged about twenty-five years, deposed that he was in the 
house with John Becket when Wilham Holhngwood came in and asked 
Becket what he meant by Hezekiah Dutch's bed. Becket said he never 
lay upon Dutch's bed in his hfe, and Wilham shook his cane at him, saying 
if he would not fight him he would proclaim him a coward throughout the 
town, etc. Wilham Bowdith, jr., testified the same. Sworn, 5:6: 1679. 

John Beckett, aged about fifty-three years, deposed. Sworn, 5:6: 1679. 

Ehsabeth Deyser, aged about forty-eight years, deposed that she saw 
Samuell Gray fighting John Elwelles man before Goody Deyser's house. 

Summons, dated Aug. 4, 1679, for the appearance of Walter Mungey and 
John Bly, as witnesses in a complaint against John Marcy, for being dis- 

* Autograph. 



254 IPSWICH QUARTERLY COURT [Sept. 

Court held at Ipswich, Sept. 30, 1679. 

Edmond Ashbie v. Timothy Clarke. False imprisonment. 
Verdict for plaintiff.* 

*Writ: Edmond Ashby v. Timothy Clarke, commander of 
the ship Sea Venture; for false imprisonment on May 23, 
last, in the goal of Boston and there detained until July 1; 
dated Boston, Sept. 10, 1679; signed by Nath. Barnes,t for 
the town of Boston; and served by Returne Waite,t marshal 
of Suffolk. Bond of Timothy Clarke.f 

Edmond Ashby's bill of cost, lU. 4s. 6d. 

Joseph Elliott, aged about thirty-one years, deposed that 
he was in prison when Ashby was brought in and delivered 
to Mr. Earle, prison keeper. Ashby paid 50s. to Earl for 
bail and was at hberty to go about but was not discharged. He 
was obliged to report every time he came to town. Sworn, 
11:7: 1679, before S. Bradstreet,t Govr. 

John Babson, aged eighteen years, deposed that Ashby 
was served the attachment by Henery Williams, and his 
imprisonment was a great hindrance to the improvement of 
his vessel. Sworn in court. 

Issick Couzens, aged about sixty-seven years, testified that 
he was also a prisoner and heard Ashby tender the prison 
keeper a load of wood which he refused, etc. Sworn, Sept. 11, 
1679, before John Joyliffe,t commissioner. 

Letter to Mr. Lord, clerk of the Ipswich court: "Bostone 
Sep* 12'^ 1679. This is onely to inclose a deposition to be 
made use of at yo"" next court at Ipswich taken by Isack Coz- 
ens before yo'' loueing freind John Joyliffe." 

Copy of writ: Timothy Clarke, commander of the ship 
Sea Venture v. Edward Ashby; for refusing to pay 27s. from 
the wages of Thomas Babson, deceased, for satisfaction of 
the doctor of the Indeavour, Samuell Smith, commander, in 
the late voyage at Saltatudes, to do which said Ashby had 
received of the plaintiff the full wages of said Babson, de- 
ceased, whereby plaintiff was forced to pay said doctor because 
he had given his word to pay him out of said wages, and this 
was done because said docter at Tertudes refused to take the 
word of defendant; dated Boston, May 23, 1679; signed by 
Ephraim Turner, for the town of Boston; and served by 



guised with drink, signed by Bartho. Gedney,t commissioner, and served 
by Peter Cheevers,t constable. Mungey was fined for contempt in not 
appearing. 

Warrant, dated Aug. 4, 1679, for the appearance of John Marcy, for drunk- 
enness, signed by Bartho. Gedney,t commissioner, and served by Peter 
Cheevers.t constable of Salem. 

t Autograph. 



1679] RECORDS AND FILES 255 

Joseph Quilter, administrator of the estate of Marke Quilter, 
deceased v. Frances Quilter. Debt. Forfeiture of a bond. 
Verdict for plaintiff. Appealed to the next Court of Assist- 
ants. Frances Quilter bound, with Richard Shatswell and 
Robert Swan, as sureties.* 

Henery Williams, deputy for Joseph Webb, marshal of Suffolk. 
Copy made by Robert Howard, f cleric for the Commissioners' 
court. 

*Writ, dated June 23, 1679, signed by Robert Lord,t for 
the town of Ipswich, and served by Phillip Fowler,t deputy 
for Robert Lord,t marshal of Ipswich. 

Joseph Quilter's bill of cost, 21i. 2s. 

Francis Quilter's bill of cost. 

Agreement, dated Nov. 11, 1678, between Joseph Quillter,t 
administrator of the estate of Marke Quilter, and Frances 
(her mark) Quilter, the widow of Marke Quillter, both of 
Ipswich, that Edward Lumis and Simon Stace should arbi- 
trate their differences about a chest, bills and wearing clothes 
of deceased, also a musket, belt and rapier, saddle and 
saddle cloth, powder and bullets. Wit: Thomas Lovellf 
and Simon Stace. f Sworn, Sept. 1, 1679, by Lovell before 
Daniel Denison,t and by Stace, in court. 

Award of the arbitrators, dated Nov. 12, 1678, Edward 
(his mark) Lumis and Simon Stace if that the administrator 
should have the chest, bills, wearing clothes, musket, rapier, 
belts, bullets and powder belonging to the gun, saddle and 
saddle cloth, and should pay to the widow lOli., half in New 
England silver money and half in corn at the house of deceased. 
Sworn in court. 

Joseph Quilterf acknowledged that he had received the 
goods that were in Marke Quilter's house and Frances (her 
mark) Quilter owned that she had her part and acquitted said 
Joseph of all that was awarded to her concerning the goods in 
the house. Wit: Edward (his mark) Lumis and Tho. Lovell. f 
Sworn, Sept. 1, 1679, by Lovell before Daniel Denison,t 
and by Lumis, in court. 

At a General Court at Boston, May 28, 1679, in the case 
of Frances, widow of Marke Quilter of Ipswich, asking for a 
settlement of her husband's estate, court found that he died 
intestate and the pretended will presented to this court ought 
to be accounted null and void, the widow to have the whole 
estate during her life, and afterwards one-half to the relations 
of her deceased husband. Copy of record made by Edward 
Rawson,t secretary. 

Frances Quilter's petition to the General Court: that her 

t Autograph. 



256 IPSWICH QUARTERLY COURT [Sept. 

Robert Knight v. Onesipherus Allen. Appeal from a 
judgment of Maj. Gen. Daniel Dennison, Esq. Verdict for 
defendant.* 

Robert Knight v. Samuell Leach. Appeal from a judgment 
of Maj. Gen. Daniel Denison. Verdict for defendant. Con- 
firmation of the former judgment. f 

husband died possessed of about 60011., of which a considerable 
part was money, and which was chiefly what said Frances 
brought to him as a portion given her by her father Richard 
Swan, the remainder what her husband had made during the 
twenty-three years that she had lived with him, they both 
denying themselves everything but necessities to accumulate 
the estate. Her husband had not made his will when he was 
in a condition to do so and the will was presented two days 
after his death to the Ipswich court by Joseph Quilter who 
was appointed administrator. She is now in her old age 
destitute of parents, husband or children and unless a settle- 
ment is made will of necessity come to the town for support, 
etc. Copy made by Edw. Rawson,| secretary. 

*Copy of papers in a similar action, before Daniel Denison, 
of Salem, made Aug. 25, 1679, by Daniel Denison.| 

Writ: Onesiphorus Allen v. Robert Knight of Marblehead; 
for illegally taking away five or six cords of said Allen's wood; 
dated 30 : 4 : 1679; signed by Hilliard Veren, for the court; 
and served by Henry Skerry, marshal of Salem, who attached 
said Knight at Salem. Bond of Robert Knight. 

On July 7, 1679, this action was tried before Daniel Denison, 
who gave judgment for plaintiff. Defendant appealed, with 
William Beale and Thomas Looke as sureties. 

Onesiphorus Allen's bill of cost, 13s. 6d. 

William Allen testified that the wood which his brother 
Onesiphorus Allen, etc. Sworn, July 7, 1679, before Daniel 
Denison. I 

Samuel Leach and Robert Leach deposed that at that time 
wood sold for 3s. 6d. per cord. Sworn, July 7, 1679, before 
Daniel Denison. J 

William Allen and Samuel Leach testified that the wood 
was cut by Onesiphorus Allen upon the commons of Man- 
chester. 

Robert Knight'sJ reasons of appeal, brought in to Daniel 
Denison,J Sept. 23, 1679. 

fCopy of papers in this action tried, June, 1679, at Salem 
court, made by Daniel Denison. | 

Copy made by Daniel Denison| of a similar action, tried 
July 17, 1679, before Daniel Denison, who gave judgment 

t Autograph. 



1679] RECORDS AND FILES 257 

Mr. Thomas Baker v. Mr. Jeremiah Hobard. Slander. 
By advice of the court, Mr. Hobard acknowledged he had 
done him wrong and spoke without grounds or reason in court. 

Martha Gilbert v. Hugh Babell and Susanna, his wife. 
Slander. Verdict for plaintiff. The defendant was ordered 
to make acknowledgment in court, which was done.* 

for plaintiff. Appealed to the next Ipswich court, with Wil- 
liam Beale and Thomas Looke, as sureties. 

Robert Knight'sf reasons of appeal, brought in to Daniel 
Denison,t Sept. 23, 1679. 

Answer of Samuell Leachf and Onysipharus Alinf to Robart 
Knight's reasons of appeal. 

John Sibly and Robert Leach deposed that the wood was 
cut by Samuel Leach on the commons of Manchester. Sworn, 
July 7, 1679, before Daniel Denison.f 

Robert Leach deposed. Sworn, July 7, 1679, before Daniel 
Denison.f 

Samuell Leach's bills of cost, 12s. and Hi. 6s. 6d. 

John Knight, aged nineteen years, and Robert Knight, 
aged sixteen years, deposed that the last winter they were 
sent by their father Robert Knight of Marblehead to his 
farm called Kettle Cove for firewood about 40 rods from the 
waterside upon the neck which lieth on this side the marsh. 
Several parcels of wood were standing ready cut at the stumps, 
and they and two other men backed it down to the boat, etc. 
Sworn, July 5, 1679, before Moses Mavericke, commissioner. 
Copy made, Aug. 25, 1679, by Daniel Denison.f 

John Sibly and Samuel Leach deposed. Sworn, July 7, 
1679, before Daniel Denison.f 

William Beale, aged about forty-nine years, deposed. 
Sworn, July 7, 1679, before Daniel Denison.f 

John Abbott, aged twenty-seven years, deposed. Sworn, 
July 7, 1679, before Moses Maverick, commissioner. 

Jenkin Williams and John Coy deposed that Robert Knight 
told them that he carried away Samuel Leach's wood that lay 
at the usual landing place at Kettle Cove. Sworn, July 7, 
1679, before Daniel Denison.f 

Thomas West and John Elithrop deposed that cord wood 
sold at 4s. 6d. per cord. Sworn, July 7, 1679, before Daniel 
Denison.f 

*Writ: Martha Gilbert v. Hugh Babell and Susanah, his 
wife; slander, for saying that plaintiff stole a silk farendine 
gown on account of which she was in prison a fortnight; dated 
Sept. 19, 1679; signed by Robert Lord,f for the town of 

t Autograph. 



258 IPSWICH QUARTERLY COURT [Sept. 

Joshua Ward v. Simon Bradstreet, Esq. Debt. Withdrawn. 

John Poland v. Robert Lord, marshal. For not performing 
his office. Verdict for defendant.* 

Samuell Pippen v. Benjamin Marshall. Appeal from a 
judgment of the Honored Major Genell. Denison. Verdict 
for plaintiff, reversing of the former judgment.! 

Ipswich; and served by Robert Lord, J marshal of Ipswich. 
Bond of Hu Babell,J Benjamin Marshall! and Sam. Pearce.+ 

Wm. Hoar deposed that in all the considerable time that 
Martha Gilbirt lived with him as a servant, he found her 
very trusty and faithful. 

Anna Marshall deposed that being in company with Susanna 
Babell at her father Crosses, she heard her say that Martha 
stole the gown. Elizabeth Smith testified to the same. Sworn 
in court. 

Abigaile BingleyJ testified that all the time Martha lived 
with her, she was trusty and honest. Sworn, Sept. 29, 1679, 
before S. Bradstreet,! Govr. 

Letter of attorney, dated Sept. 27, 1679, given by Martha 
(her mark) Gilbert to Danil Wikum. Sworn, Sept. 27, 1679, 
before Daniel Denison.! 

*Writ: John Poland v. Thomas Patch; trespass, for 
throwing down a ditch that fenced his meadow, thereby claim- 
ing his land and laying his meadow common; dated June 16, 
1679; signed by Daniell Denison;! and no return made. 

Jon. Poland's bill of cost, Hi. 2d. 

Thomas Patch, aged about forty-one years, deposed that 
there being an action at Salem court last June between de- 
ponent and Jno. Poland, and the original attachment not 
then appearing, he told John Poland that as he had a copy of 
the attachment, if he would give deponent 5s. the action 
should go on. Also that Richard Hutton, then constable of 
Wenham, served the attachment on deponent's goods, making 
return in his own name. Sworn in court. 

William Knowlton, aged about thirty-six j^ears, deposed 
that Robert Lord, marshal of Ipswich, said in his hearing at 
the last Salem court that Goodman Powland's attachment 
that he had served upon Thomas Patch of Wenham should 
be at the court or else he would procure him one. Sworn, 
12 : 7 : 1679, before Edm. Batter,! commissioner. 

Richard Hutten, sr., deposed. Sworn in court. 

Thomas Knoulton deposed. Sworn, Sept. 20, 1679, before 
Daniel Denison.! 

tCopy of papers in an action tried before Daniel Denison, 
made Aug. 25, 1679, by Daniel Denison:! 

t Autograph. 



1679] RECORDS AND FILES 259 

Luke Perkins v. Robert Cooke. Non-performance of a 
covenant. Verdict for defendant.* 

Writ: Benjamin Marshal, assignee of John Cogswel, the 
administrator of the estate of Samuel Cogswel, deceased; 
trespass; for carrying rail timber and cord wood from the 
farm that Samuel Cogswel leased to Samll. Pippen, which 
land could not be improved for corn; dated July 9, 1679; 
signed by Robert Lord, for the town of Ipswich; and served 
by Robert Lord,t marshal of Ipswich, by attachment of a 
small swine, a coverlet and defendant's clothes. 

Court gave judgment for plaintiff. Appealed to the next 
count}^ court, with Thomas Varney, Ephraim Fellowes and 
Jonathan Fanton, as sureties. 

Benjamin Marshall's bill of cost, Hi. 17s. 8d. 

Samuell Pipen's bill of cost. Hi. 5s. 6d. 

Samuell Pippen's reasons of appeal, given in, Sept. 25, 1679, 
to Daniel Denison.f 

Benjamin Marshall's answer to Samuell Pippin's reasons 
of appeal. 

Joseph Marshal deposed that he helped Pippin carry 100 
railes or rail timber. Sworn, July 17, 1679, before Daniel 
Denison.f 

William Cogswel deposed that Pippen sold him 100 rails in 
1679 which he hired Joseph Marshal to bring over the river 
and they were landed on his land. Sworn, July 17, 1679, 
before Daniel Denison.f 

William Thompson, deposed that he cut down eight or nine 
rail trees and some post timber, which made about 100 rails 
and 30 posts; also three cords of wood were also cut, etc. 
Sworn, July 17, 1679, before Daniel Denison.f 

Willm. Story, sr., and Thomas Low, sr., deposed concerning 
appraising the damage and Pippin's threats to Marshall. 
Sworn, July 17, 1679, before Daniel Denison.f 

Henry Swett, aged about twenty-two years, deposed. 
Sworn, July 17, 1679, before Daniel Denison.f 

William Thompson, aged thirty years, and Henry Swett 
deposed that some of this timber grew upon as good land as 
Pippin had already broken up. The rail timber was failed 
to make a five rail fence between Pippen's and deponent's. 
Sworn, July 17, 1679, before Daniel Denison.f 

Willm. Andrewes testified. Sworn, July 17, 1679, before 
Daniel Denison.f 

*Writ: Luke Perkins v. Robert Cooke of Boston, horn- 
breaker; non-performance of a covenant; dated Sept. 10, 
1679; signed by Robert Lord,f for the court; and served by 

f Autograph. 



260 IPSWICH QUARTERLY COURT [Sept. 

Henry Williams,* deputy for Rich. Wayte,* marshal of Suffolk. 
Bond of Robert Cooke,* with Nehemiah Perce* of Boston 
as surety. 

John Brandall, hornbreaker, aged thirty years, testified 
that ivory comb-making and horn comb-making are two 
distinct trades, and that living several years with Robert 
Cook, he never heard that he made any small tooth combs 
but long tooth horn combs. Sworn, Sept. 29, 1679, before 
S. Bradstreet,* Govr. 

Samuell Peppen, aged about thirty-two years, deposed that 
being at the house of Quartermaster Perkins when Luke 
Perkins and Mr. Cooke made the agreement, said Cooke 
agreed to clear him from the town of Boston that the townsmen 
should not hinder him. Also he said he would let him a 
chamber to dwell in while he was there the four months. 
Sworn in court. 

Tommos Heill, aged about fifty years, testified that he had 
seen Robert Cooke make good "torkell shell" combs a great 
many times. Sworn, Sept. 3, 1679, before John Hull,* com- 
missioner. 

Joseph Hurd, aged about thirty-three years, deposed the 
same. Sworn, Sept. 3, 1679, before John Hull,* commissioner. 

Joseph Hord, aged thirty-three years, deposed that being 
next neighbor to Robert Cook, when Perkins was there, the 
latter told him that he had learned to make better great tooth 
combs then Mr. Cooke. Having lived many years next 
Cooke, he never knew that he made combs with small teeth 
but that he always hired them made. Also that Perkins 
and his wife left Cook's house and lived in the house where 
formerly Nehemiah Perce dwelt and he never heard of any- 
thing the townsmen had against them before said Perce com- 
plained of them. Sworn, Sept. 29, 1679, before John Hull,* 
commissioner. 

Elihu Wardal testified that he saw Luke Perkins making 
combs at Cook's house. 

Nehemiah Perce, aged thirty-six years, deposed that he 
was much concerned to get Mrs. Perkins out of the town or 
to hinder them from keeping a house in our end of the town. 
But he never heard of any act requiring Luke Perkins himself 
to leave town or his work. Also that being for several years 
next neighbor to Cooke, etc. Perkins and his wife left said 
Cooke's house and lived in the house where deponent for- 
merly lived, at which time there were two months' covenanted 
time due Mr. Cook, he having lived three months with Cook. 
Sworn, Sept. 29, 1679, before John Hull,* commissioner. 

John Hollman, aged forty-three years, testified that he 
heard Mr. Luke Perkins tell Cook that if he would come to 

* Autograph. 



1679] RECORDS AND FILES 261 

Mr. Francis Wainwright v. Wm. and Samuell Hilton. 
Debt. Forfeiture of a bond.* 



Ipswich he would work out the other two months. Thomas 
Hill, aged about fifty years, deposed the same. Sworn, 
24 : 7 : 1679, before S. Bradstreet,t Govr. 

John Fayerweather, aged about forty-five years, deposed 
that Mr. Cooke was called before the selectmen on account 
of entertaining servants without leave, and he said that he 
intended to be bound for him at first but he would not give 
entertainment to him any longer and would turn him out of 
his house. Theoph. Fraryf testified to the same. Sworn at 
Boston, Sept. 3, 1679, before Elisha Hutchinson,t commissioner. 

Thomas Hill and John Hollman deposed. Sworn, Sept. 27, 
1679, before John Hull,t commissioner. 

Indenture, dated Apr. 29, 1679, between Robert CookeJ of 
Boston, hornbreaker, and Luke PerkinsJ of Ipswich, in which 
said Cooke agreed to teach him the trade of combmaking 
within four months, for which he was to pay 201i. in one year, 
lOli. to be paid in a still upon his arrival in Boston, which, if 
it could not be disposed of at that price and he was forced to 
keep it, he was to allow Perkins 40s. in silver for it; after 
Perkins had learned the trade he was not to teach it to any- 
body except his own children upon forfeiture of 401i. sterling; 
Cooke was to supply him with one set of tools for which he 
was to pay. Wit: John Barryf and Robert Lord,t marshal. 
This agreement was to be kept in the hands of George Persen. 

*Writ: Francis Wainwright v. William Hilton and Sam- 
uel Hilton; debt due upon forfeiture of a bond; dated 13 : 7 : 
1679; signed by Daniel Denisonf; and served by Robert 
Lord,t marshal of Ipswich. 

"M"" William and Samuell Hillton These may infornae you 
that I haue now sent m'' Crose his sloope for his ladeing of 
boards I am now at the lies of the Sholes & therfore haue not 
sent you the remainder of the pay that will be due, besyds 
what you owe me, therfore pray you lade him and send me a 
line or two what you would haue I have a speshall good barrell 
of porrke & corne wheat malt & Indian, and doe oblidge heerby 
to pay you the rest p the first opertunity in the River of Pas- 
cataqua wher you shall apoynt mee thus not feareing you will 
faile me but that you have kept the boards for me acording 
to your manifest promise I doe remaine your loveing freind 
to use Francis Wainwright. Star Hand 17 July 1678." Copy 
made by Robert Lord,t cleric. 

''M"" Frances Wainwright these may informe you that on 
the 25 of July 1678, then John Lee & Steeven Crose were at 
my house with there vessell and demanded boards of me 

t Autograph. t Autograph and seal. 



262 IPSWICH QUARTERLY COURT [Sept. 

Ezekiell Woodward v. John Poland. Defamation. Ver- 
dict for plaintiff. The defendant was ordered to make ac- 
knowledgment.* 

acording to this order but I have not any boards for to shipp 
on board for you and therefore I desire your patience & for- 
bearance a little longer, and doe hereby promise you that the 
first boards my mill cutts or any other mill where I can pro- 
cure them you shall have what is due from me to you, better 
I cannot doe pray do not take advantage ags* me, and in soe 
forbearing you will oblige your freind & servant." William 
(his mark) Hilton. Wit: Richard Hillton and John Lee. 
Sworn in court. 

Bond, dated Dec. 14, 1676, given by William (his mark) 
Hilton§ and Sam. Hilton, J both of Exeter, to Francis Wain- 
wright, for 20,000 feet of pine boards, part at a landing place 
in Exeter and part at Lampre river. Wit: John Wainwrightf 
and Samuell Plats. f Sworn in court. 

*Writ: Eseckell Wooderd v. John PoUand; defamation, 
for slandering him and his wife; dated June 20, 1679; signed 
by Robert Lord,! for the court; and served by Robert Lord,t 
marshal of Ipswich. 

Robert Lord, aged about forty-seven years, deposed that 
Jon. Polland being at deponent's house this summer, he asked 
Polland how deponent's uncle Woodward and his new wife 
did. Polland answered that she had a poor bargain with him 
and she repented of it. Polland also "said that hir Brother 
knowlton sayd to me y* shee came To him slaubering & crying 
& sayd y* she was undonne by maring woodword: & That 
shee was very much Troubled That she had wronged me: 
y* is poland & That she was not able To see me but watterd 
hir plants at The meetting at the very sight of me & did grately 
bemone hurself That shee should offer so much wrong To 
polend & That I derst not goe To The meetting at wenhem 
for every Time she see mee she is nott able to bare it but is 
ready for To swound away." Sworn in court. 

Richard Brabroke, aged about sixty-seven years, deposed 
that when Poland came into his house he said "I heard you 
have Lost your widow," and he replied that she ran after 
Eseckall Wooder at Wennam and he did not deserve her. 
Also, that all the widow Piper's friends wondered that she left 
said Poland, etc. Sworn in court. 

Thomas Hobbs, aged about fifty-five years, deposed con- 
cerning what Poland told him about the widow Piper, etc. 
Sworn in court. 

Benjamin Edmands and his sister Bethiah Knolton deposed 

t Autograph. J Autograph and seal. § Seal. 



1679] RECORDS AND FILES 263 

Samuell Pearce v. Steephen Hascot. Breach of promise. 
Verdict for plaintiff.* 

George White acknowledged judgment to Deacon Good- 
hue, in money, wheat, malt and pork. 

John Poland made open confession in court that he had 
done wrong to the widow Piper, now the wife of Ezekiell 
Woodward, in speaking the words to which the witnesses 
testified, and was sorry for it, desiring the court and them to 
forgive him. 

Nicolas Noyes, Anthony Morse, Thomas Browne, Robert 

concerning what Poland told them at John Knolton's house 
relating to the widow Piper's actions. Sworn in court. 

*Writ: Samuell Pearse v. Steephen Hascut; for not paying 
for fourteen days' demurrage of his ketch, himself and men 
at Dammaris Cove in June, 1674; dated Sept. 25, 1679; 
signed by Robert Lord,t for the court; and served by Henry 
Skerry, t marshal of Salem, by attachment of house and land 
of defendant. 

Samuell Pearce's bill of cost. Hi. 14s. 8d. 

Steven Cooke, aged about thirty-two years, and Hugh 
Babell, aged about thirty-one years, deposed that vessels of 
25 tons, manned by three men, were in this country generally 
let by the month for 151i. They had been owners and had 
let their vessels at that price. Sworn in court. 

Agreement, dated May 7, 1674, between Stephen Haskottf 
and Sam. Pearce, that the latter was to fetch a freight or two 
of fish from Dambrell's Cove and Hippocris and Haskott was 
to put aboard 300 quintals of fish at each load, at Is. per 
quintal for freight, to be paid in merchantable or refuse fish, 
according to the load; he agreed to load the ketch in five fish 
days and to unload her in two fair fish days, and to have the 
fish in the ketch when she comes to the stage head; what 
goods Hascut carried should be freight free; the fish was to be 
paid at each voyage's end at Salem; Pearce was to sail on 
May 11, wind and weather favorable. Wit: Roger Derbyf 
and Samuel Taylor.f Sworn to by Philip Fowler and Roger 
Derby in court. 

Thomas Frasee, aged about thirty-three years, and Jno. 
Pearce, aged twenty-two years, deposed that they sailed on 
the ketch and they waited at Damerell's Cove the number of 
days as agreed upon, but the fish not being loaded, Hascut 
asked Pearce to wait and he would satisfy him for the extra 
time, and it was fourteen or fifteen daj^s before they sailed 
into Salem. Sworn in court. 

t Autograph. 



264 IPSWICH QUARTERLY COURT [Sept. 

Coker, Jo. Poore, sr., Wm. Chandler, Wm. Ilsly, Henry Jaquis, 
Wm. Randall and William Pillsbury, all of Newbury, were 
discharged from ordinary training, each paying one bushel of 
Indian corn yearly. 

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

Merchant Wainwright had his license renewed for a year. 

Deacon Goodhue had his license renewed for a year. 

Daniell Clarke had his license renewed for a year. 

Mr. Mighill Farley was licensed to sell liquors by the gallon 
or quart for a year. 

Benidict Pulcipher and his wife, convicted of receiving 
stolen goods which were taken by his son John Pulsipher from 
Mr. Francis Wainwright's, were ordered to pay treble damages 
to Mr. Wainwright. John was to be severely whipped.* 

*The examination and confession of John (his mark) Pulcifer, 
taken May 16, 1679, before Daniel Denisonif that he lived 
with Mr. Francis Wainwright the last winter and his father 
and mother told him that they wanted wheat which he might 
help them to, whereupon he carried to them about half a 
bushel of wheat which he took from Mr. Wainwright's cham- 
ber and delivered it to his father at his own house. His mother 
made a cake and gave him. Later he took a bushel of wheat 
and they asking him for pork, he took two large pieces five 
or six times, from his master's warehouse, and cut out a small 
hog, half a bushel of salt, two bundles of candles, about 51i. 
sugar at two times in a handkerchief, also three or four times 
he carried three or four hogsleaves at a time, all of which his 
father and mother received. 

Examination of Benedict Pulcifer and Susanna, his wife, 
taken before Daniel Denisonif that Mr. Wainwright asked 
them to give their son good counsel not to take anything from 
him. She confessed that he had brought her goods and she 
was suspicious and wished to send them back to Mr. Wain- 
wright, but did not for fear of making trouble. 

Mr. Wainwright was bound. May 16, 1679, to prosecute 
the complaint, and John Pulcifer and Francis Young were 
bound for said Pulcifer's appearance at the next Salem court. 

Benedict Pulcifer and Samll. Moses were bound for the 
appearance of said Pulcifer and his wife at the next Salem court. 

This action was referred to Ipswich court in Sept., on peti- 
tion of the parties concerned, and acknowledged, June 23, 
1679, before Daniel Denison.f 

t Autograph. 



1679] RECORDS AND FILES 265 

Phillip Parsons appearing, and no one accusing him, he 
was cleared. 

Wm. Hodgkins, for excessive drinking, was fined. 

Dinah Marshall, for fornication before marriage, was fined. 

Sarah Short, for fornication, was fined.* 

Hannah Adams, for fornication, was ordered to be severely 
whipped, unless she pay a fine. 

John Barry and his wife, for fornication before marriage, 
were fined. f 

Phillip Fowler dying intestate, administration upon his 
estate was granted to his grandchild, Philip Fowler. 

Whereas administration was formerly granted to Nath. 
Tredwell and Jo. Warner of the estate of Henry Bachelour, 
court now adds John Bachelour of Wenham to administer 
with them.| 



*Sarah Short and Joseph Mayhu were presented for forni- 
cation before marriage. 

fHis wife was Rebecca. 

JAn account made by Nathaniell Tredwell, § John Warner§ 
and John Batcheler§ of debts due from Henry Bacheller's 

estate: to Mister Tredwell, ; Mistriss Mary Tredwell, 

; Mistress Tredwel, Hi. 19s. 3d.; to Mistriss Tredwell, 

9h. 7s.; to Thomas Tredwell, Hi.; to John Bachelder, 31i. 3s.; 
to Abraham Foster, Hi. 6s.; to Medcalfe, 6s.; to Cristofer 
Boules, 4s.; to Marthy Percy, 2s. 6d.; to Samuell Perly, 
Is. 6d.; to Samuell Houlett, 2s. 3d.; to Gorge Hadlv, 3s.; 
to Edward Werling, 6s. 6d.; to John Warner, 12s. 3d.; to 
Nathaniell Tredwell, 51i. 17s.; to Marchant Waindright, 
12s.; to William Smith, 7s.; to Mistress Willsonn, 3s.; total, 
421i. 2s. 3d. To be deducted from the inventory: ten shep 
that died and were killed by wolves, 21i. 10s.; to swine lost, 
15s.; lost 4 bushels of corn, 12s.; lost by meat, 12s.; total, 
41i. 9s. 

John Warner's! account of what he had done for Henery 
Batcheler: for fouer jagges of hay in 1673, 21i.; received in 
part pay, 8s.; for carying bricks & clay for an oven, 4s.; for 
carying him a Load of bords from maning Neck and hellping 
him to halfe an hundred, 9s.; one Bushell of Indian corne 
in 75, 3s. ; caring two Jagges of hay in 77 & 78, 6s. ; total, 
21i. 14s. For tending him in his sickness from Jan. 23 to 
Feb. 5, in which I made it a great Part of my imployment 
boath Night & day to tend him & get such things for him as 
hee desired: clothing at Decon Goodhew's, 3U. Is. 3d.; blew 

§ Autograph. 



266 IPSWICH QUARTERLY COURT [Sept. 

Abell Pilsbury and his wife, for fornication before marriage, 
were ordered to be whipped unless they paid a fine. 

In answer to a petition of James Burnam, court appointed 
Simon Stace, Thomas Lovell and Edward Bragg to make a 
division between said Burnam and Mr. Samuell Rogers of 
that island of upland and marsh which was sometime Edward 
Chapman's, that each man may know his own. 

William Fanning, for very great offences, was ordered to 
be severely whipped or pay a fine. 

John Baker, presented for great offences in threatening 
children and others that he would kill them, and other oppro- 
brious speeches and bad language, was committed to prison 
for one week, and was to remain until his fine of 41i, was paid. 
He was also bound to good behavior.* 

Upon complaint of Simon Stace and Joseph Quilter against 
Frances Quilter, Thomas Lovell, Dorithy Woodman and 
Ann Pegy, court admonished and fined them.f 

Linen, 2s.; one Handkercher, thread & macking cloath, 7s.; 
ten Pound of suger & too Pound of Buter, 6s. 6d.; halfe a 
Pound of hony & on quart of wine, Is. 9d.; three gallons of 
beere & halfe a bushell of wheat, 4s. 6d.; halfe a bushell of 
ry, 2s.; total, 41i. 5s. 2d. 

John Bachelour's account of what he had expended for 
Heneri Batcheler: too dais while he was seke, 4s.; one dai in 
preparing for his burial, 2s. 6d.; one dai spent about the 
prizing the estat, 2s.; makin her waskoat, 2s. 6d.; one dai 
bringing the shep to John Warner's, 2s.; one dai in bringing 
the corne to John Warner with mi horse, 3s.; one dai miself 
and son in bringin the shep, from John Warner's to mi house 
4s. 9d.; half a dai in caring things to her at Mr. Tredwel's, 
Is. 3d.; 3 dais and a half mi self and mi son to brin the catel 
awai, 10s. 9d.; too pounds of hopts, Is. 6d.; too pound of 
buter, Is.; thre pound of seuger. Is. 5d.; one groat lost, 4d.; 
for keping ten shep 8 weks, Hi.; for keping a kowe 3 weks, 3s. 

*Presented for speaking opprobrious words to Mrs. Mary 
Hubbard. Wit: Thomas Knowlton, jr., Lydia Burnum and 
Abigail Whiler. 

fSimon StaceJ and Joseph Quilter| certified that Frances 
Quilter, relict of Marke Quilter, carried into the General 
Court at Boston last May a petition containing false state- 
ments by Thomas Lovell, sr., Dorothy Woodman and Ann 
Pegy. 

I Autograph. 



1679] RECORDS AND FILES 267 

Marke Quilter's inventory given into court by Joseph Quilter 
was 3871i. 15s. 9d., according to Robert Lord,* cleric. 

Copy of papers in an action tried in Ipswich court, Nov. 6^ 
1678, made by Robert Lord,* cleric: 

Dorothy Woodman, aged forty-three years, deposed that 
being several times with her brother-in-law Marke Quilter 
in his sickness, both his wife and deponent wished him to 
make his will while he was able, but he would not. He was 
a dying man for three or four days before his decease, and 
that morning he called for his brother Joseph and said he 
wished to buy a bushel of apples. He also asked for Good- 
man Warner and Goodman Stace, and his wife asked him 
which of the Warners. He said he "could not tell, she sayd 
to him againe doe you not mistake you''self doe you not meane 
Goodman Lumocks that prayed w»h you last night he sayd 
I I so Joseph and they were sent for and they Came and when 
Joseph came he bid him fetch his money and Joseph Asked 
him where is it Joseph went out in to the barne and when he 
came back Againe he told him he could not finde it he said to 
his Brother goe goe It is there where I told you you cannot 
misse of it for your life and Joseph said he found it and went 
away and Came no more to him, Goodman Lumocks & Good- 
man Stace were there while Joseph was looking for the money, 
and he declared to them how he would make his will and the 
morning after he dyed Goodman Lumocks came to my sister 
and I: and told us what his will was how that he had given 
his wife halfe the stock and halfe this yeares Crop and all the 
movveables and the house and land during hir life and hir 
portion to be at hir dispose and they asked him who should 
have the house and land after his wife's decease he told them 
he would leave it in their hands to dispose of it to those of 
his owne relations that they saw had most need of it then 
they Asked him what Joseph should have to pay the legaties 
with he said Joseph should have his chest and wearing Appar- 
rell and two or three bills that would be worth three score 
pounds that would be enough for Joseph and my sister said 
she wondered that he gave the child no more that he had 
brought up. Goodman Lumocks said Alass he was to faint 
& weake that they could not understand one word of many 
that he spake he could not utter his words and they were to 
come in the afternoone to finish his will. Goodman Lumocks 
said he was not sattisfied he thought he had not done enough 
for his wife and he thought to have talked with him againe 
about it but he died that day about noone before they came 
to finish the will." When the will was given in to court her 
sister understood that the chest, etc. were not mentioned to 
be given to Joseph and so claimed them for herself, where- 

* Autograph. 



268 IPSWICH QUARTERLY COURT [Sept. 

upon the Major advised her to settle with Joseph because it 
was a nuncupative will and it would be for her interest to do 
so. Sworn, May 22, 1679, before Jo. Woodbridge, com- 
missioner. Copy made by Edward Rawson,* secretary. 

Thomas Lovell deposed that Quilter died on the second 
day of the week and was buried on the third; on the fourth 
day Joseph Quilter made the inventory, the fifth day Symon 
Stace wrote the will and proved it unbeknown to the widow; 
and Joseph was so hasty about it that Symon had hardly time 
to write it. Further that Quilter was so weak that he could 
hardly speak when they were called. After Quilter's death, 
Lumocks, Stace and Quilter went to her house with a bond 
and the widow and Joseph Quilter signed it. Deponent 
testified that the poor widow was much wronged by having 
them come upon her so suddenly, and by Joseph taking things 
into his own hands. Sworn, June 2, 1679, before Jo. Wood- 
bridge, commissioner. Copy made by Edw. Rawson,* sec- 
retary. 

Ann Pegey deposed that she lived with Marke Quilter when 
he was sick, and Dr. Bennet was there and said he would not 
give him anything for he would be dead before the ebb of the 
next high water. After he died Lumocks, Stace and Joseph 
Quilter came and told the widow that they had the Major 
General, Capt. Apleton and Capt. Whipple on their side, and 
it would be folly for her to withstand them. The widow 
being so full of trouble and there being nobody there to give 
her advice signed a paper that she did not understand. Sworn, 
June 2, 1679, before Jo. Woodbridge, commissioner. Copy 
made by Edw. Rawson,* secretary. 

Copy of Frances Quilter's petition, May 28, 1679, to the 
General Court, made by Robert Lord,* cleric. 

Mary Shaffel, aged about forty-six years, deposed that she 
went to Marke Quilter's house the day he died about the 
time the foot company went into the field in the forenoon and 
tarried until he died which was about one hour before sunset. 
Joseph had gone to Mr. Rogers' but was with him when he 
died. Sworn, Sept. 25, 1679, before Daniel Denison.* 

Simon Stace, aged about forty-two years, and Joseph Quilter, 
aged about thirty years, deposed. Sworn in court. 

John Edwards, aged about fifty years, deposed that he was 
with Goodman Quilter the morning before he died, etc. Sworn, 
Sept. 24, 1679, before Daniel Denison.* 

Thamar Quilter, aged about sixtj^-seven years, deposed 
that she was mother-in-law to said Marke and a short time 
before he married Frances Swan, he came home disappointed 
that he had not received more from her father in prospect of 
their marriage. So deponent went to said Swan to desire 

* Autograph. 



167PlVj RECORDS AND FILES 269 

something of him for the young beginners. He answered 
that he had been advised to keep his estate in his own hands 
as long as he lived, and as they were young and lusty, they 
could work to get themselves necessaries. Deponent's son 
told her that he had to buy her convenient things to marry in, 
for her father refused to buy her anything. She was married 
in very mean clothes, and as an excuse for not giving her 
more. Swan said that Marke had already considerable to 
begin the world with. Sworn, Sept. 25, 1679, before Daniel 
Denison.* 

Thomas Wilson, aged about forty-five years, deposed that 
he came to his sister Frances Quilter's house, and his sister 
asked him to go to the court and get Daniell Wicom, but 
when he reached there it was too late for the will was proved. 
Sworn, 2:8: 1679, before Wm. Hathorne,* assistant. 

Margaret Lambord, aged about forty years, deposed that 
Marke Quilter wintered a cow for her about nine or ten years 
ago, and going there to milk her, Goodman Quilter being 
away, she saw Goodwife Seathell and her children threshing 
out his corn. They carried away three or four bushels at a 
time in sacks, and someone was watching to see if he came 
home. Sworn, July 12, 1679, before Daniel Denison.* 

Caleb Kimball, aged about forty years, deposed that dwell- 
ing next door to Marke Quilter, he saw Goodwife Quilter and 
some of the Scathwells beat out corn, burn the cobs, etc. 
It was well known to all who lived near Quilter that he provided 
well for his family and kept as good a house as most nien, and 
he told deponent that he had but one cow with his wife for a 
marriage portion. Sworn in court. 

John Browne, aged about forty-two years, deposed that he 
watched with Marke Quilter the night before he died and he 
seemed as rational as ever, etc. Sworn, Sept. 28, 1679, before 
Daniel Denison.* 

Edward Lumis and Simon Stace deposed. Sworn, July 1, 
1679, before Daniel Denison.* 

John Wattson, aged about thirty-five years, deposed that 
the widow told him that her husband had given his brother 
Joseph money that was hidden in the thatch of the barn and 
the thatch of the house. Sworn in court. 

Abigail Leeds, widow, aged thirty-five years, deposed that 
dwelling in the house of Marke Quilter a year in 1671 or 72, 
and being their next neighbor six years, she never saw them 
want for meal, malt or meat. Deponent had had meal and 
meat of her for work she did for her, several bushels of corn for 
spinning and for sugar and spice which her husband was not in- 
clined to buy. Sworn, July 12, 1679, before Daniel Denison.* 

Philip Fowler, aged about thirty-two years, deposed that 

* Autograph. 



270 IPSWICH QUAKTERLY COURT [^~^ept. 

Erasmus James had his Ucense renewed for a year to sell 
out of doors. 

There being a bond of lOli. of Henry Short's returned from 
Salem court for the appearance of Joseph Mayo at this court, 
and it being said that Mayo was at sea, court ordered that the 
bond be again returned to Salem court. 

Reckoned with the Treasurer, Sept. 29, 1679, and the 
county is indebted 551i. 2s. 9d. 

Given to the house, 8s. 

Whereas John Wright, late of Nubur}'-, deceased, died at sea 
intestate, and administration having been granted to Edward 
Bragg, who brought in an inventory of 401i., 201i. of which had 
been used to pay debts, and John Wright, son of deceased, now 
appearing, and demanding the estate, court ordered that said 
Bragg be discharged and said Wright be appointed adminis- 
trator. 

he was in the court chamber when the will was proved, etc. 
Sworn, Sept. 25, 1679, before Daniel Denison.f 

Samuel Smith, aged twentj^-eight years, deposed that he 
had lived near Mark Quilter for twenty years, and they had 
as good living as in any house of their rank and the woman 
was always well clothed. Sworn in court. 

Robert Lord, marshal, aged about forty-seven years, de- 
posed. Sworn, Sept. 25, 1679, before Daniel Denison.f 

Goodwife Bosworth, aged about sixty years, deposed that 
she was present when Quilter died, etc. Sworn, Sept. 25, 
1679, before Daniel Denison.f 

Aron Pengre, aged about twenty-six j^ears, deposed that he 
watched with Quilter, etc. Sworn, Sept. 24, 1679, before 
Daniel Denison.f 

John Dane, sr.,f aged sixty-six j^ears, testified on June 4, 
1679, that he was frequently at Quilter's house for twelve 
weeks curing his "shot leg." They had plenty of good food, 
beer and cider and deponent ''lookt one him singler aboue 
many and thought because he had but a letle fameley he 
loued to spend it one thare carkises." Sworn, Sept. 25, 1679, 
before Daniel Denison.f 

Nathaniell Chapman, aged about twenty-six years, deposed 
that he lived with Quilter four months, and he went to the 
door to see him, but deponent's mother met him at the door 
and told him that Quilter was dying. Sworn in court. 

*Copy of inventoryj of John Wright's estate, made Jan. 2, 
1673, by Robert Lord,f cleric. 

f Autograph. t Original on file in the Registry of Probate. 



1''679] RECORDS AND FILES 271 

Record of administration of estate of John Wright of 
Newbury, 30 : 10 : 1658. Copy made Nov. 23, 1673, by 
Robert Lord,* cleric. 

Edward Bragg* and Robert (his mark) Starkwether, both 
of Epswedg, acknowledged judgment, Apr. 7, 1674, to David 
Richards of Roxbry, of 141i. 14s., part in pork, to be delivered 
at the water side at Boston to William Park of Roxbry, Wit: 
William Parke,* Isaac Johnson* and Robert Pepper.* David 
(his mark) Richards' receipt to Robert Starkwether and 
Robert Pepper. William Park's* receipt, dated June 17, 1675, 
to John Writ of Boston on account of Edward Bradg. 

Fines brought into court sitting at Ipswich, Sept. 30, 1679, 
by Jo. Woodbridge,* commissioner: Wm. Mora; Wm. Dam- 
ford, for drinking and striking; Mr. Wm. Longfellow, for 
figh ting. 

Petition of William Benit, Thomas West and Samuell 
Leach, selectmen of Manchester, Sept. 29, 1679, to Ipswich 
court: that Thomas Chick, with his wife and three children, 
had come into town to settle, "but wee findeing him to be in a 
poare condision not haueing wherewith to suply the present 
nesesity of himselfe and his family neither for food nor Raiment 
and therefore wee canot see but in al probabillity if the s*^ 
Chick shood setell in our town he will quickly be chargable 
to us and wee our selvs being unable to contribute to such a 
condision in regard of our own inabiliti and the smallnes of 
our town and acomadations wee therefore according to law 
for the prevention of such charge coming upon us haue in- 
deauered to remoue the s"^ chick by glueing him due notic and 
leagall warning to remoue out of our town and other wise to 
provide for himselfe but the s^ Chick haue refused to take 
any notic of such warning saying he will not troble himselfe 
to remoue out of the s^ town." He had often affirmed that 
he had three acres of land at Netchuwauick or thereabouts 
besides some other considerable estate in his father-in-law's 
hands. 

Court ordered that said Chick be sent to New Chewauake, 
and they at that place were ordered to receive him. 

List of presentments, dated Oct. 1, 1679, signed by Moses 
Pengry, sr.,* in the name of the grand jury: 

John Sandy and Elizabeth Peters, for marrying, without 
being published, on Nov. 25, 1678, but one day before he was 
to be married to Mary Starkwether to whom he had been 
legally published. 

John Sandy, for breach of the peace in striking John Gamage 
with a stick in the street and causing a great tumult. Wit: 
John Gamage, Thomas Lull, jr., and Mary Buckly. 

Quartermaster Perkins, for disorder in his house at night, 

* Autograph. 



272 salisbury quarterly court [no at. 

Court held at Salisbury, No\. 11, 1679. 

The Worshipful Nathll. Saltonstall, Esq., president; Major 
Robt. Pike, Capt. Tho. Bradbury, Mr. Samll. Dalton and 
Capt. Jno. Gillman, associates. 

Grand jury: Abraham Perkins, foreman, Phillip Challis, 
Theophilus Dudley, Jno. Dickkison, sr., Samll. Felloes, sr., 
Joseph French, sr., Nathll. Brown, Andrew Grele, Steven 
Dow, Anthony Stanian, Anthony Tayler and Tho. Lovit. 

Jury of trials: Henry Roby, foreman, William Osgood, sr., 
Samuell Foot, Byly Dudly, Edward Gillman, John Eaton, sr., 
Richard Hubbard, William Allen, jr., James Davis, Henry 
Kinsbery, John Redman, sr., and Benjamin Fifeild. John 
Weed, sr., and James Carr, in Haverhill case against Swan. 

Major Robert Pike v. Mr. William Hooke. Trespass. 
For coming upon said Pike's meadow, called Hoghouse mead- 
ow near the hoghouse some time in Sept., 1678, by interrupt- 
ing and disturbing Pike's mowers in a violent way, claiming 
the meadow as his own. Verdict for plaintiff. Appealed to 
the next Court of Assistants. Mr. Hooke, Phillip Grele and 
Robert Downer bound. 

Isaac Green appealed from a judgment of Mr. Samll. Dalton 
on July 9, 1679 in an action brought by him against Isaac 
Perkins about hunting and frightening a swine. 

Isaac Greene appealed from a judgment of Mr. Samll. 
Dalton on July 9, 1679, about telling two lies. The jury 
found that he did tell a lie and for the heinousness of it, they 
left it to the judgment of the court. Court being convinced 

caused by strange men walking and talking and two maids 
supposed to be Phebe Newmarch and Susanah Hill of Ipswich. 
Wit: John Gamage, John Shatswell, Jonathan Lumas and 
Aron Pengry, jr. 

Roger Darby and his wife, for totally exempting themselves 
from the public ordinances. 

Mr. John Woodbridg, for celebrating marriage between 
John Sandy and Elizabeth Peeters, who were not legally pub- 
lished. Wit: Symond Tuttell, Andrew Peeters and Nathan- 
iell Chapman. 

John Atkinson affirmed that he was present when Mr. 
Woodbridge married them and the latter asked if they were 
published according to law, and Simon Tuttle and others said 
they were. Sworn in court. 



1S79] RECORDS AND FILES 273 

that he might be surprised with fear of being drawn in to 
speak to his own disadvantage, and not judging his words to 
be pernicious or willful, ordered that he be admonished and 
pay costs. 

Mr. Wm. Hooke v. Major Robert Pike. Trespass. For 

From Samuel Dalton's Commissioners Records. See ante, vol. 5, p. 235. 

On June 28, 1679, Nathaniel Ware v. Steven Flanders, jr., Phillip Flanders 
and John Flanders; for steahng 1,100 red oak hogshead staves out of his 
pasture in Hampton bounds, on June 18, 1679; judgment for plaintiff, he to 
enjoy his staves which were seized by the constable of SaUsbury at the land- 
ing place by Mr. Mudgett's ship, and said Steven was admonished for joining 
with his brothers and the others were fined. 

On July 9, 1679, Isaac Perkins v. Isaac Green; trespass; for his dog 
hunting and fearing a swine so that it never retiu-ned home again; judgment 
for plaintiff. Appealed to the next County Court at Hampton. 

On July 9, 1679, Jacob Perkins complained against Isaac Greene for lying 
at the hearing, and court foimd him guilty of deceit in taking money for a 
cow or calf, which he owned to Ebeneazor Perkins and Joseph Perkins on 
May 21, and on the following day denied before Thomas Philbrick, Edward 
Gove and Joseph Dow that he received any money. Said Greene was fined 
and he appealed to the next Hampton court. Court appointed Sergt. Tho. 
Philbrick to appear for the county. 

On Aug. 4, 1679, Nicolas Morriell and Margritt Langdon, both of Ports- 
mouth, were married. 

On Aug. 5, 1679, Thomas Thurton and David Wedgwood, being accused of 
quarrelling and fighting, were fined. 

On 14 : 6 : 1679, Samuel Rand and Mary Walton, both of Portsmouth, 
were married. 

On 26 : 7 : 1679, Robert Hinkson and Sarah Bruster, both of Portsmouth, 
were married. 

Thomas Eaton of SaKsbury and Hannah Hubbard were married on 14 : 
9 : 1679. 

Samuell Gatchel, jr., and Ehzabeth Jones of Amesbury were married on 
27 : 9 : 1679. 

On 24 : 9 : 1679, Thomas Dearborn was sworn constable of Hampton. 

On Mar. 10, 1679-80, Thomas Clough and Hannah Guile, both of SaUsbury, 
were married. 

On Mar. 15, 1679-80, Israeli CUfford and Ann Smith, both of Hampton, 
were married. 

On ]\.Iay 24, 1680, David Robinson and Sarah Taylor, both of Exeter, were 
married. 

On June 21, 1680, WiUiam Lane of Boston and Sarah Webster of Hampton 
were married. 

On 21 : 5 : 1680, Richard Long and Anna French, both of Salisbury, were 
married. 

On 27 : 6 : 1680, Richard Pearce of Boston and Sarah Cotton of Hampton 
were married. 

On 22 : 9 : 1680, WilUam Fuller, jr., and Susanna Buswel, both of Hamp- 
ton, were married. 

On 30 : 9 : 1680, John Foulsham, jr. v. Hannah Foulsham, wife of Nathan- 
iel; for slanderously reporting Abigaill, wife of John Folsham, jr.; judgment 
that Hanah should pubUsh or publicly own this acknowledgment, "that 
I hanna folsham have accused my sister Abigail Folsham, for steahng meatt 
and other things from mee and ten shiUings in Monie from peter folsham. 
I Doe now owne y* I have Done her wrong and am heartily sorrie for itt and 
shall labour to make satisfaction." John Folsham, jr., was allowed costs 
for going to Hingham for evidence, etc. 



274 SALISBURY QUARTERLY COURT [No 7. 

coming upon his land, pulling up his fence, mowing his mead- 
ow and disturbing him in a violent way, claiming the meadow 
to be his. Withdrawn. 

Leift. George Brown and Daniell Ela, attorney to the town 
of Haverhill v. Robert Swan. For enclosing a town highway 
on the northward of his now dwelling house, four rods broad, 
commonly called Bartholomew Heath's way, running from 
Henry Palmer's on the northward of the lots to the west bridge, 
thereby hindering the town from the use of it. Verdict for 
plaintiff. Appealed to the next Court of Assistants. Robert 
Swan of Haverhill bound, with Tho. Johnson of Andover as 
surety. 

Danll. Ela v. Jno. Griffyn. Debt. In hops and neat 
cattle. Withdrawn. 

Danll. Ela v. Samll. Watts. Non-payment of 5li. With- 
drawn. 

Danll. Ela v. Danll. Preston. Review of a case tried in 
Hampton court in 1674. For taking away two thousand feet 
of deal board at the landing place at Haverhill, called Jno. 
Haseltine's. Verdict for defendant. 

Nehemiah Partridg, in an appeal from a judgment of Mr. 
Samll. Dalton on Aug. 26, 1679, in which he was defendant 
and Jno. Redman, jr., plaintiff, about wintering a horse. 
Verdict for plaintiff, the reversion of the former judgment. 
Appealed to the next Court of Assistants. John Redman, 
jr., and his father John Redman bound. 

Tho. Fowler v. Jno. Weed, in behalf of the town of Amsbery. 
For withholding several portions of land in the common 
divisions of land laid out to the inhabitants of Salisbury new 
town, now called Amsbery, since a meeting of the town on 
10 : 10 : 1660, at which meeting there was granted to Joseph 
Peasly, sr., a township for his son, which township said Fowler 
bought of Peasly's son, Joseph Peasly, by deed. Withdrawn. 

Samll. Felloes, jr. v. Abraham Brown. Review of a case 
tried at Salisbury court in 1679 concerning breach of a bond 
of arbitration, Jno. Clough and Ephraim Winsly being arbi- 
trators. Verdict for defendant. Appealed to the next Court 
of Assistants. 

Joseph Peasly, assignee of Peter Green v. Charles Runlett. 
Debt. For 3,000 feet of white pine boards to be delivered at 



1679] RECORDS AND PILES 275 

a convenient landing place at Exiter river. Verdict for plain- 
tiff. 

Danll. Tilton v. Mr. Jno. Groth. Debt. In pine boards, 
hogshead or barrel staves. Defendant acknowledged judg- 
ment to plaintiff. 

Isaac Morrill v. Mr. Jno. Groth. Debt. Defendant ac- 
knowledged judgment to plaintiff. 

Robert Downer v. John Hendrick. Review of a case tried 
at Hampton court on Oct. 9, 1677, for not paying 31i. for work 
done for him three or four years since when he was framing 
or building a house for Hugh Marsh. Verdict for plaintiff. 

Robt. Downer v. Mr. Stockman. For withholding a debt 
of 7li. due for building a barn. Withdrawn. 

Robert Downer v. Mr. Stockman. For not satisfying him 
for work done in 1678, felling timber, hewing and framing the 
same, and setting up a house or room for him adjoining his 
former dwelling house about 25 feet in length and 20 feet in 
breadth, with other finishing work done to said room or house 
or cellar under it, also for cutting passages from one room to 
another. Withdrawn. 

Robt. Downer v. Mr. Stockman. Battery. For striking 
him several blows at his own house, to the danger of the loss 
of one of his ej-es, railing against him and challenging him out 
of his house, both in loss of time and suffering great pains. 
Withdrawn. 

Mrs. Sarah Stockman, attorney to her husband, Mr. Jno. 
Stockman v. Robt. Downer. For not performing a covenant 
about building and finishing a barn. Two actions. Withdrawn. 

Capt. Tho. Bradbury v. Jno. AUin. For withholding a 
debt due upon bond. Verdict for plaintiff. 

William Hasket v. Nicolas Page of Boston, merchant. For 
withholding pay due for about eighteen weeks' work in rigging 
and attending about a ship of his which was built at Haverhill 
last year, and about six weeks' work done for him by his son, 
at the rate of 16s. per week for himself and five shillings per 
week for his son. Withdrawn. 

Samll. Levitt v. Jno. Clark. For withholding a debt due 
plaintiff for a fat ox sold to him about two years ago for 71i. 
5s. in boards or staves. Verdict for plaintiff. 

James Smith v. Moses Gillman. For not delivering 7,000 
feet of pine boards at Exiter. Withdrawn. 



276 SALISBURY QUARTERLY COURT [NoV. 

John Allin v. Richard Currier. For withholding a debt 
due him in white oak plank. Verdict for plaintiff. 

Leift. Ralph Hall v. Steven Cross. For not paying 20 
bushels of Indian corn due for not bringing a true copy of a 
discharge of 20 bushels of Indian corn from Capt. Walter 
Barefoot, which corn was in controversy between Hall and 
Mr. Andrew Peters of Ipswich. Verdict for plaintiff. 

Jno. Severans v. Edward Smith. Debt. For entertainment 
at his house in 1677 and 78. Special verdict. If the debtor's 
name be to the creditor's book and the creditor's oath to his 
book, and if the law about accounts judges this to be legal 
evidence, they found for plaintiff; if not, for defendant. 
Court gave judgment for plaintiff. 

Major Pike v. Edward Gove. Trespass. For coming upon 
his land near Mr. Wm. Hook's, and, as Mr. Hook's attorney, 
as he called himself, challenging the land and avowing that 
the sheep thereupon were his sheep, etc., also disparaging 
Pike's title to the land and further fomenting differences, 
which trespass was done on the north side of Mr. Hook's 
fence, as it then stood. Withdrawn. 

Phillip Grele v. Moses Gillman. For withholding a debt 
of four thousand pine boards which were to have been deliv- 
ered to plaintiff, to satisfy a debt to Willi. Bradbury. Verdict 
for plaintiff. 

Ephraim Fulsham v. Robert Cross. For telling a pernicious 
lie, saying that he went away dead freight, when he demanded 
a parcel of boards on account of Mr. Wm. Simonds. Nonsuited. 

Phillip Greele, assignee of Mr. Anthoney Cheekley v. 
Nicolas Page. Debt. Due upon forfeiture of a bond. Ver- 
dict for plaintiff. Appealed to the next Court of Assistants. 
Danll. Ela of Haverhill and Capt. Nicholas Page bound. 

Jno. Redman, attorney to Mr. Seaborn Cotton v. Edward 
Colcord, administrator of the estate of Edward Colcord, jr., 
late of Hampton. For not paying Mr. Cotton for a horse 
which Edward, jr., had of him some years since and was to 
return upon demand or five pounds, the value of the horse. 
Withdrawn. 

Jno. Redman, assignee of Mr. Seaborn Cotton v. Edward 
Colcord. Debt. For not paying a bond to Major Nicholas 
Shapleigh. Withdrawn. 



1679] RECORDS AND FILES 277 

Edward Colcord acknowledged judgment to John Redman, 
ST., as assignee of the Rev. Mr. Seaborne Cotton. 

Edward Colcord, as administrator of the estate of his son 
Edward Colcord, acknowledged judgment to Capt. John 
Gillman. 

James Smith acknowledged judgment to Saml. Watts of 
Haverhill, to be paid in pine boards to be delivered at Exiter. 

Mr. Andrew Wiggins' license granted at the last Hampton 
court was renewed. 

Charles Runlet acknowledged judgment to Joseph Fletcher. 

Upon request of Mary Davis, rehct of Ephraim Davis, late 
of Haverhill, deceased, and Tho. Johnson, her brother, ad- 
ministration of the estate of said Davis was granted to them 
and they were ordered to bring in an inventory to the next 
county court. Mary Davis and Tho. Johnson bound. 

Samll. Sherborn's license to keep ordinary at Hampton was 
renewed. 

John Page's license to keep ordinary at Haverhill was re- 
newed. 

It being moved that a settlement and division be made of 
the estate of James Davis, sr., of Haverhill, deceased, his will 
being produced in court, the administrator was ordered to 
settle it according to the legacies therein expressed. 

Court ordered Mrs. Abigail Wheeler to take up the debts 
due to Clement Jarmin, late of Salisbury, deceased, and pay 
the charges of his burial, and if there be anything left, she 
was to present it to Salisbury court, but if the debts due were 
not sufficient, then the town of Salisbury was to make it up. 

Charles Runlett was fined for drunkenness. 

Robert Swan, with Tho. Johnson of Andover as surety, was 
bound to prosecute an appeal against the town of Haverhill. 

Daniell Bean, bound to this court for filthy carriage toward 
Rebecah Morgan, wife of Richard Morgan, was ordered to be 
whipped fifteen stripes on his naked back or to be fined. The 
sentence was performed and James Kid was discharged of his 
bond. 

Court ordered that Major Pike, Mr. Thomas Bradbury and 
Henry Brown were allowed and sworn as commissioners to end 
small causes for Salisbury. 

The administrator of the estate of WiUiam Bradbury was 
allowed until the next court to bring in an inventory. 



278 SALISBURY QUARTERLY COURT [NoV. 

Jno. French of Salisbury was freed from training, allowing 
3s. per annum to the military company. 

John Kent of Newbury, being lately on a voyage at sea in 
Mr. Richard Dole's ship of which one Patrick Ewing was master 
and said Kent, mate, on the return voyage, said Ewing fell 
overboard and was drowned. Kent, then master, was appoint- 
ed administrator of said Ewing's estate, and ordered to bring 
in an inventory. 

William Osgood, jr., for breach of the peace in striking and 
kicking Jno. Ring, was fined. 

Upon motion of some of the relations of Edward Colcord, 
jr., for a settlement of his estate, court ordered that Capt. 
John Gillman, Mr. Jno. Samborne and Sargent Joseph Dowe 
be appointed to call the administrator to account and 
return their examination to the court. The estate left was 
to be divided among the heirs and the debts paid. 

Court ordered a county rate of 401i. 

Ordered to give the servants of the house and where Capt. 
Saltonstall lodged, 10s. 

On July 8, 1681, Thomas Eaton acknowledged judgment to 
Mr. Daniell Davison before the Worshipful Tho. Danforth, 
Dep. Govr., and Worshipful Samll. Nowell, Esq., to be paid 
in pipestaves at 31i. 10s. p thousand and hogshead staves at 
30s. p M to be delivered at the hoghouse landing place in Salis- 
bury. 

Debts due from the estate of Abraham Perkins, jr., who was 
slain by the Indians on June 13, 1677 : charge in procuring 
hay to keep the stock, 31i.; 'debt pd at Pascataqua, 10s.; to 
James Hobbs, 5s.; Jonathan Wedgwood, 3s.; six sheep and 
two lambs killed by the wolves, 21i. 15s. It was agreed by 
the administrators and Abraham Perkins and Thomas Sleeper, 
the grandfathers of the children of Abraham Perkins, jr., 
that considering the three children were young and were to 
be brought up with their mother and Allexander Denham, her 
present husband, who engaged to bring up the children and have 
them taught to read English, they were to have their por- 
tions at age or marriage, as follows: to Mercy Perkins, 201i.; 
to Mary Perkins, 201i.; to Elizabeth Perkins, 201i. Con- 
firmed at Salisbury court, Apr. 8, 1679, and on account of 
this agreement, Tho. Sleeper was discharged from his bond. 



1679] RECORDS AND FILES 279 

Execution, dated May 6, 1680, against John Wells of 
Haverhill, to satisfy judgment granted Danll. Thurston of 
Nubery, Apr. 8, 1679, at Salisbury court, signed by Tho. 
Bradbury,* recorder, and served by Robert Lord,* marshal of 
Ipswich. 

Writ: Robert Pike, jr. v. William Carr; for carting timber 
and plank for his vessels; dated Apr. 10, 1679; signed by 
Tho. Bradbury,* for the court and the town of Salisbury; 
and served by Henry Dow,* marshal of Norfolk, by attach- 
ment of a cow, two barrels of tar, three chests, one box and 
one table. Bond of William Carr* of Salsbery. Wit: Henry 
Skerry, sr.,* and Phillip Fowler.* 

Execution, dated Dec. 3, 1679, against Samll. Felloes, jr., 
to satisfy judgment granted Abraham Browne of Salisbury, 
Nov. 1, 1679, at Salisbury court, signed by Tho. Bradbury,* 
recorder, and served by Henry Dow,* marshal of Norfolk. 

Ephraim Winsley deposed that he was desired by old Good- 
man Buswell to go with him to hear some discourse between 
Buswell and his daughter-in-law Susana Buswell concerning 
some estate of Buswell's that she challenged as belonging to her 
and her children, it being due to her husband Isack Buswell. 
Isack Perkins and his wife, Samll. Felloes and Joseph Dow 
were also present and the agreement was that Isack was to 
take the two eldest daughters of Susana Buswell, pay for 
their bringing up, pay all debts of his son Isack, pay Susana 
201i. and to the daughters of Isack Buswell 301i. at the age of 
sixteen years. Susana gave up her right in the house and land 
of Isack, also her half of eleven or twelve bushels of barley, 
and she was to have the household stuff of her husband, two 
cows, a colt and two swine. This was done about July 13, 
1679. The wife of Isack Perkins desired old Goodman Bus- 
well to let Susana stay in that house two or three days or a 
week until they could bring her to Hampton, and then he 
would take her to his house and she should not trouble him 
nor his any more. Sworn, Nov. 13, 1679, before Nath. Salton- 
stall,* assistant. 

Samuell Fellows, aged about sixty-one years, testified that 
Joseph Dow was there to write the agreement but he did not 
write it as it was concluded. Deponent was a witness. Sworn, 
Nov. 11, 1679, before Nath. Saltonstall,* assistant. 

Warrant, dated Haverhill, Sept. 12, 1679, upon information 
of a vessel which on the 4th was cast away and stranded upon 
Salisbury beach, the master and merchant having lost his 
life, and the inhabitants there having taken the goods and 
iron work of the vessel without the knowledge of the relations 
or relict of deceased, to make diligent inquiry for the names 
of those who had taken the estate and collect all that was 

* Autograph. 



280 SALISBURY QUABTERLY COURT [NoV. 

possible and hold it until his relatives could be located, signed 
by Nath. Saltonstall,t assistant, and served by Philip Grele,t 
constable of Salisbury. If the constable met with any just 
ground to suspect fraud or concealment of goods, he was to 
notify Nath. Saltonstall. The constable notified Joseph 
Flecher, Richard Hubbard, John AUin, Joseph French and 
Major Pike's son to secure what they had. John AUin had 
the rigging of the vessel and other things that belonged to 
Mr. [C]arver, Joseph Flecher had the iron work, Richard 
Hubbard, part of the mainsail and muskets, and Joseph 
French, about 300 feet of boards. 

John Carter and Nathaniell Griffing deposed that bemg in 
company with John Stevens, constable of Sallesbery, when he 
went with John Ring and Martha Lamson to Haverhill to 
Capt. Saltonstall upon the charge of fornication, Steevens 
told Ring that his journey to Haverhill should cost neither 
himself nor his father Ring one penny.* 

Ephraim Winsley deposed that Wm. Osgood, sr., owned 
to him that the saw mill in controversy was set up before the 
time expressed and Robert Ring deposed the same. 

A note of the families in Hampton the first summer that 
Mr. Batcheller came to Hampton: Jno. Browne, Mr. Husiah, 
Goodman Johnson, Good. Tucke, Thom. Jones, Good. Sander- 
sin, Good. Daves, Good. Swaine, Good. Grenfild, Abraham 
Perkins, Isak Perkins, Francis Pebody, Good. Cool. Yong 
men that had lots: Willyam Wakfild, Willyam Fifild, Moses 
Coxe, Thom. Kinge, Anthony Taylor, Tho. Ward, Gilles 
Fuler. Maried men: Good. Daulton, John Hugins, Good. 
Mingy, Tho. Moulton, John Moulton, Willyam Roberts, 
Good. Maston, Good. Esto, Leutenent Houerd, Rob. Casell, 
Good. Cros, Will. Sargent, Author Clark. The second Sumer: 
Good. Page, Good. Maibor, Good. Auston, Good. Smith, 
Good. Fillbrek, Good. Sanders, Daniel Hindreks, John Wegod, 
Tho. Chaes, Good. Fuller, Good. Inglish, Good. Rooper, Good. 
Ambros, Widdow Parker. 

Samll. Felloes, sr., deposed that about twenty-seven years 
ago, being down with the lot layers and Major Pike m the 
meadows at the points below Mr. Woster's lot next to Robert 
Ring's, Major Pike set the stake between said Ring's lot and 
deponent's, which stake ranged with the northwest corner 
of Woster's lot that Samll. Woster and Wm. Buswell affirm to 
be the corner bounds, and so within about a rod of the east 
end of an old log and to a pine tree at the upland. Sworn, 

9:2: , in Salisbury court. Copy made by Tho. Brad- 

bury,t recorder. 

* The papers which follow are claspified a-s "miscellaneou3," belonging to 
Norfolk court and are without date, 
t Autograph. 



1679] RECORDS AND FILES 281 

Sam. Pore deposed that he delivered to Nathaniell Winsley 
one bushel and a half of wheat at 5s. p bush, upon account of 
William Spilsbrye. 

Robert Page testified that about thirteen years ago the 
town measurers laid out the bounds between deponent and 
William Estoe and Thomas Moulton, William Palmer guaged 
to the river on his own side and William Wackefeild and Wil- 
liam Howard standing on Estoe's side of the river bade de- 
ponent stick down a bow between them in a direct line, which 
line lay within the ditch made by Christopher Palmer. Sworn 
in court, attest, Tho. Bradbury,* recorder. 

Christopher Palmer testified that he heard Peter Abbot 
say that he had put a mare to Goodman Hobs for wintering, 
and that he agreed to pay for it. Sworn before Tho. Brad- 
bury,* recorder. 

Will. Fifild and Will. Marston certified that the piece of 
salt marsh that lay on the other side of the Falls river is com- 
mon and buts upon the end of Tho. Levit's marsh and Hen. 
Gren's and Edward Tuck's and other lots of marsh. These 
lots lay on the east of the piece of marsh and adjoin part of 
Mr. Hussey's farm on the west, and the said Fifild and Marston 
assigned this salt marsh to John Redman in satisfaction for 
his house lot. Copy made by Sam. Dalton.* 

Moses Gillman testified that about twenty years ago he 
was employed by his brother Edward Gillman to go with 
Mr. Stanyon to take possession of a 30 acre meadow three 
or four miles from Exeter southerly, which he did. 

Andrew Greely and William Buswel testified that at a 
town meeting at Salisburi, Robert Ring was asked if he would 
own the articles which they said were made at Wennom, and 
he said he would own the writing but not the articles. Sworn 
in court before Tho. Bradbury,* recorder. 

Tho. Bradbury,* recorder, certified that the forfeiture of 
the bond in which judgment was given against Tho. Johnson 
and Will. Roberts at Salisbury court was the bond wherein 
they were bound for Edward Colcord's appearance on the 
suit of Jno. Redman. 

Thomas Johnson's and William Roberts' bill of cost in the 
action between John Redman and Edward Colcot, for bringing 
the letter of attorney from Dover, going to Boston for Master 
Rockes testimony, etc. 

John Garland's bill of cost in an action brought against him 
by Mr. Samuell Dudley and John Gilman. 

Willi. Osgood's bill of cost. Joseph Langquester, Vallintun 
Rowel, Edward Cottel mentioned. 

John Gillman's bill of cost, as constable, in a complaint 
against Fransis Paffat. Worshipful Capt. Wiggin mentioned. 

* Autograph 



282 SALISBURY QUARTERLY COURT [NoV. 

Witnesses in Taylor's complaint: Jeames Fres and wife, 
Thomas Hoit, Thomas Sargent, Thomas Stevens, WilHam 
Sargent, Edward Cotel. 

Elizabeth Jackson, accused by Byly Dudly for stealing 
money from him, and she, confessing that she stole 14s. in 
silver, was fined. Bill of cost of Kinsley Hall, constable of 
Exeter, for going from Hamton to Exitter to bring said Eliza- 
beth before the court, and to summon Jonathan Smith and 
wife, "Armstrong, George Robertt my selffe and horse, 5s.," 
etc. 

Bill of cost of Samuell Winsley, sr., in action with Wm. 
Pillsburie, 12s. 

Bill of cost in action of Samuell Winsley, jr., against Wm. 
Bus well, before the commissioners of Salisbury, 7s. 

Petition of Isack Buswel,* John Severence,* John Stevens, 
sr.,* Edward French,* AVilliam Buswel,* Samuel Fellos, sr.,* 
John Ilsly,* Jno. Gill,* Joseph French* and Ephraim Winsley* 
to the Salisbury court: to consider and "settle unto our 
reverend pastor Mr. John Whelewright an honorable main- 
tenance for he haueing had butt fiuety pounds a yeare, the 
accomodation excepted, since the newtowne were parted from 
the old towne which our pastor sayes he cannot comfortably 
liue on and we also thinke the same and are willing more 
should be allowed him butt itt cannott be yett attained to 
be done by the Towne in generall and so our refuge is to this 
honored Court that it may be done according to the law of 
God and the countrey." 

Warrant for the appearance of Henry Ambross at Salis- 
bury^ court to answer a presentment for falsifying a bill, signed 
by Tho. Bradbury,* for the court. 

Summons to Goody Wells, Goody Stevens and Goody 
Wheelare, as witnesses, signed by Tho. Bradbury,* for the 
court, and served by John Stevens,* constable of Salisbury. 

"Att a meeting of y^ Millitia of y^ town of Salisbury y® 
14**' day of August An : Dom : 1689 It is ordered by y^ 
said millitia that for y^ more safty of y^ s^ town there shall be 
certayn Scouts sent forth consisting of nine souldiers in a 
scout under y"^ Commands of y^ psons here under named viz: 
Leift. Henry Tru. Leift. John Stevens: Cornet Hubbard: 
Ensigne Brown: Corpo" Jacob Morrill: Sargent Bei Stevens: 
Sarg* Joseph Tru: Sarg^ Page, Sarg* Joseph Eaton, John 
Allin: Willi Allin: & Josep Fletcher, who are successiuely 
to rang about y* out scirts of y^ town: dayly untill farther 
order be taken: the souldiers appointed to each comander 
ar inserted under y« hands of s^ Millitia: & y® Clark of y* 
band: is to giue notice of this order: to each Commander & 
to each solder: under each Commander for y^ orderly pceed- 

* Autograph. 



1679] RECORDS AND FILES 283' 

ing of the commanders it is figured over y^ Commanders 
name to each company: signed under y« hands of y« Millitia: 
every solder is to be well fitted w*^ Arms & Ammuaition fitt 
for s'^ service: as also a good horse: And upon y discovery 
of any danger forthwith to give intelligence thereof to y« 
cheif Commanders or any of them. Robt. Pike, Cp* of y« 
troop, Tho. Bradbury, Cap* of y^ fort, Jn° Stevens, Leift of 
ye foot, Rich^ Hubbard, cornet of y« troop, Ensigne Nath^^ 
Brown." 

Thomas Wells'* complaint of the abusive carriages in his 
house in the night toward his wife when she was in bed and 
he not at home, by Samll. Weed, John Coleby, John Weed, 
Orlando Bagley, Thomas Freame, Thomas Harvey and Mary 
Sargent. Samll. Weed was wagered by a quantity of liquor 
according to common report to go to his wife's chamber where 
she was asleep with her child and kiss her, which he accord- 
ingly performed, John Colby holding the light as a witness 
that the wager was carried out. 

Jeams Sanders testified that Leift. Georg Brown said that 
he thought that Fransis Badoe had broken up his house and 
gotten the things he had lost, and they searched but could 
not find him, so Brown sent a hue and cry after him. Owned 
in court. 

"Cap*'' Bradbury sir: I reseiued your account this 27 
of februarie where in you desired me to send you my account 
which I know not whither I can doe it or noe: but I haue 
here sent you ale I knowe: to carying your Boy to Boston, 6s. 
to my husband one day to mend your caske and heding up 
your farking and such lik worke, 2s. 6d. yours to sarue 
Johanah Steuens."* 

Capt. Bradbury delivered a pound of powder to each of 
the following by order of the military company of Salisbury: 
Sam. Winsley, John Hoyt, George Browne, Willi. Browne, 
Willi. Partridg, Phillip W^oUidg, Tho. Eaton, John Severanc, 
Sam. Fellowes, Dan. Worcester, George Martin, Ralfe Bles- 
dale, Willi. Allin, John Gill, Tho. Barnett, Tho. Carter, Willi. 
Barnes, Willi. Buswell, Willi. Holdred, John Weed, John 
Elsly and Vail. Rowell. 

The town of Salisbury was indebted to John Allin for keep- 
ing Rebecka Hackit twelve days, Feb., 91; to Benjamin Allin 
going to Boston to fetch Captain Buswell's commission, 15s.; 
for warning a town meeting in Feb., 91, to choose selectmen-, 
and constables, 5s.; for stoning Mr. Allin's well, lis. 

In the action between Mr. Hussey and Abraham Drake, 
marshal, the cow was John Hussey's when taken by execu- 
tion, etc. 

* Autograph. 



284 SALISBURY QUARTERLY COURT [Nov. 

Stephen Kent's bill of cost, going to Andover to take oath 
before Mr. Bradstreet, etc., 31i. 5s. 6d. 

Bill of cost of Samuell Winsley against Theophilus Sechell, 
to Newburie to fetch Mr. Coffin's testimony, to Haverell and 
Ipswich, etc. 

Humphery Willson's bill of cost against Christopher Pallmer. 

Bill of cost of town of Salsbury against Robbart Ring. 

John Godfrey's bill of cost in William Simons' action. Hi. 
lis. 

List of names: Major Pike, Samll. Buswell, Jno. Eaton, 
Andrew Grele, Jno. Ilsly, Rod Easman, Rich. Smith, Jno. 
Easman, Ephraim Winsley, Wm, Bradbury, Tho. Bradbury, 
Jno. Easman, Morris Tucker, Jno. Stevens, Henry Brown, 
Nat. Browne. 

Mihill Lambert's bill of cost. Mr. Fogg, Goodman Bur- 
cham and Leift. How mentioned. 

Robert Swan's bill of cost. 

Jno. Morrinn's bill of cost against Rob. Lord, Hi. 13s. Id, 

William Furbur's bill of cost. Hi. 5s. 4d. 

John Warner deposed that Edward Colcord promised to 
deliver Humphre Willson a heifer to satisfy a debt that Thomas 
King and said Willson promised to pay Mr. Dudle, etc. Sworn 
in court before Tho. Bradbury,* recorder. 

John Warner by order of Worll. Capt. Wiggin attended 
court six days, and witnessed in the action between Fra. 
Swain and Goody Chase. Bill of cost for himself and wife for 
attending about Tho. Pettee. 

Presentments: Haverill, for not having stocks, and for the 
want of a "skuell master"; John Etton, sr., of Salisbury for 
breach of the peace in striking Moses Wostar. Wit: Fillup 
Grelly. 

Venire, dated Mar. 9, 1671-2, for Exiter; also summons for 
want of a pound and stocks and also a sufficient bridge over 
the river, being a country highway, and lack of rails, also to 
witnesses, Samll. Levitt and Jonathan Thing; and summons 
to Samll. Foulsam to have his wife Mary answer for being from 
home at unseasonable times in the night, for appearance of 
uncivil carriage at a saw mill at Exeter, and to witnesses, 
William Holdred and Richard Morgan; Samll. Fulsham was 
to testify in a presentment against George Jones; signed 
by Tho. Bradbury,* for the court; and served by Nich. Lis- 
son,* constable of Exiter, who returned the names of John 
Foulsham, jr., and Moses Gillman for jury men, also Edward 
Smith was chosen constable for the ensuing year and Jona. 
Thing to answer the presentment. 

Jonathan Thing, constable, certified that the town of Exiter 
chose Left. Ralf Hall, Tho. King and Mr. Jno. Gilman com- 

* Autograph. 



1679] RECORDS AND FILES 285 

missioners and Mr. John Geillman, clerk of the writs, and 
Tho. Kinge, constable. 

Samuell Winsley deposed that he desired John Redman to 
go with him to a parcel of meadow of Emanuell Hillyard 
of Hampton as a witness to the seizure of two stacks or ricks 
of hav on execution for a judgment granted Edward Collcord 
at Hampton court, and deponent forbade said Hillyard's wife 
meddhng with it. Sworn in court. 

John Godder of Lamperell river appointed Edward Colcord 
his attorney in an action of review against Mistress Ann 
Massen, and to answer James Nealle. 

Christopher Hussey of Hampton was granted 150 acres of 
upland, meadow and marsh for a farm lying between the 
Falls river toward the north, etc. Copy from the book of 
abatements of land, page 7, made by Sam. Dalton,* register. 

Joseph Davis testified that he heard William Deall own that 
he had given Jon. Swadock a bill for 20 bushels of wheat and 
26 bushels of Indian corn, due in 1662 or 1663. Sworn in 
court. 

Edward Cotel's bill of cost against Mr. Winslew. 

John Swaine's bill of cost. Nicklas Lison, Jno. Garland 
and Tho. Pettitt mentioned. 

Bill of cost of Sam. Winsley and Richard Ormsby, convic- 
tion of ye Quakers, etc. 

Debts to be paid to Tho. Bradbury,* in money: Quarter- 
master Osgood, Hi. Is.; Mr. Goldwyer, cotton wool and rum, 
lis.; Onesiphorus Page, Hi. 10s.; Cornelius Conner, 2h. 8s.; 
Cosen Mary Allin, 4s.; Jno. Allin, by judgment m Sahsbury 
court, 1679, 31i. 6s.; Phillip Grele, 21i. Is.; Mr. Samll. Wheel- 
wright, Hi. 3s. 8d.; Samll. Fowler, 5s.; Dan. Ela, 19s. lOd. 
Peter Eyer, 9s. 2d.; Zakery Davis, 2s. lOd.; Jno. Clough, sr. 
2s.; Sam. Colby, for a license, 2s. 6d.; Humphrey Willson 
3s. Debts due per book: Georg Martyn, 21i. 14s.; Jno 
Hoyt, jr., 4s. 5d.; Samll. Levit, 10s. 8d.; Moses Gillman 
upon Mr. Wadley's account, 300 foot of boards. Hi. 5s. 8d. 
Jno. Clark of Exeter, 2s. 4d.; Timothy Hilliard, 6s. 6d. 
David Robinson, 2s.; Jno. Bayly, part to Benaya Titcumb 
Hi.; Rich. Currier, 6s. lOd.; Jno. Redman, sr., 2h. 13s. 6d. 
Henry Kimball of Haverhil, 6s.; Nat. Griffyn, 5s. lid.; Ed 
Gove, 9s.; Tho. Easman, 4s. 4d.; Sam. Getchell, sr., 16s 
8d.; Sam. Clough, Is. 4d.; Mr. S. Stanian, Hi. 5s. 6d.; Sam 
Colcord and Wm. Evens, Hi. 8s. 9d. Bills: Mr. Carr, 17s. 

Jno. Grele, 71i.; , Peasly, Christo. Palmer, lis.; Joseph Shaw 

Hi. 10s.; Jno. Griffyn, Hi. 2s. 8d.; Robt. Ring, 12h. 10s. 4d. 
Ed. Gove, 15s.; Jno. Young, 8 feet of boards, Hi. 12s. Upon 
book: Joseph Easman, 3s. 6d.; Jno. Redman, jr., 18s. Id.; Jno 
Jimson, 5s.; Jno. Allin, ; Tho. Philbrick, 6s. lOd. 

* Autograph. 



"286 SALISBURY QUARTERLY COURT [Nov. 

Ephraim Brown, 4s. 2d.; Mr. Wm. Hook, 5li. Is. 6d.; widow 
Ephraim Davis, 2s. lOd.; Dan. Tilton, 10s. 9d.; Jno. Sever- 
ans, 16s. 4d.; Onesiphorus Marsh, lis. 8d.; Mr. Stockman, 
51i. 9d.; Robt. Swan, 16s. 8d.; Morris Tucker, Hi. 6s. 3d.; 
Philip Grele, Hi. 

Robert Booth, aged about sixty-eight years, deposed that 
about 1644 he found thirty acres of meadow about three miles 
south of Exeter town and he acquainted the town with it. 
Anthony Stanyan asked for it and it was granted him, depon- 
ent being requested to give him possession, and he did so by 
cutting some wood on a point of upland that shoots out into 
the meadow. This meadow now lay about half a mile west 
of the house which Mr. Seaborne Cotton owns to be his, etc. 

Nath. Barnard, Sam. Colby and Mary Colby, Jno. Colby 
and Walter Tayler, were complained of for great misdemeanors 
at Jno. Colbye's house by fighting and excessive drinking, and 
said Barnard was convicted. ' 

Letter from Edward Starbuck,* dated Dover, July 2, 16-8, 
concerning a saw mill that was almost finished, and that he 
w^ould have to pay his debts in boards instead of mone}^ as 
the fishermen had not received any money that year, etc. 

"From Greneage this 10 of September 1652 

"Loueing Brother My Kind Loue to you hoping In god you 
are In good hellt As I Am At this present resting heare I giue 
god prayes for it these few Lines Is to Let you vnder stand 

that you Ar at new Einland bey your Letter If it Is Strang 

neuse to me to heare of It that you be to souddenley 

gone and not send me word But All our Frindes Ar all well 
As Fare As I knowe But my housban Is dead In the Inges 
And As Fare As I know I maye be at New Eingland the next 
yeare I haue soum Aquayntantes theare thear Is one M" 
Boyer In Boston her housban is A master of A ship And one 
M'^ Thyrston Master of A ship If you send A Letter send It 
bey M"^ Huston And so I rest 

"Your louing sistear 

"Ann Morg ."* 

Rates: Tho. Macy, 7s. lOd.; Georg Martyn, 2h. 2d.; 



Currier, 6s. lid.; Rowell, 3U. 9d.; Cottell, 3s. Id.; 

Winsley, 5s. Id.; Cobham, 7s. 8d.; Andrew Greely, 

5g, 2d.; Ilsley, 6s.; Richard Wells, 6s. 3d.; Phillip 

Woelidg, 9s. 7d.; Rolenson, 3s. 4d.; Rolfe, 12s. 

9d.; Cole, 4s.; French, 3s. lOd.; French, 

15s. 3d.; Robert Pike, 14s. lOd.; Moyce, 3s. 2d.; Georg 

Goldwyer, lis. 9d.; Jno. Eaton, 5s. Id.; Rich. Ormsby, 6s.; 
Rich. North, 4s.; Rich. Goodale, sr., 7s. 2d.; Rich. Goodale, 
jr., 2s. lid.; Phillip Griffin, 13s. 2d.; Henry Browne, 4s. lid.; 

* Autograph. 



1679] RECORDS AND FILES 287 

Willi. AUin, 8s. 3d.; Coffyn, 8d.; Mr. Carr; May- 
field; Mr. Winsley, 5s. 4d.; Isaac Boswell, 14s.; Will. Bus- 
well, 13s. 3d.; Mr. Bradbury, Hi. 2s. 2d.; Tho. Bradbury and 
John Stephens, jr., 4s. 5d.; John Severans, 6d.; John Gill, 
6s. lid.; Mr. Carre, 17s. 9d.; Sam. Buswell, 6s. 2d.; Sam. 
Fellows, 10s. 5d.; Rog. Eastman, Us. 10 l-2d.; John Stephens, 
13s. l-2d.; Wid. Willex, 2s. 9 l-2d.; Rob. Fits, 5s. 11 l-2d.; 

Will. AUin, ; Hen. Browne, 8s. 5d.; Ric. North, 2s. 2d.; 

Edw. French, Hi. Is. 2d.; Ric. Goodale, sr., 7s. 2d.; Ric. 
Goodale, jr., 18s. 2d.; Wid. True, 2s. Ud.; Abrah. Morrell, 
10s.; Willi. Osgood, Hi. 8s. 3d.; Rob. Ring, 2s. Id.; John 
Maxfield, Is. 5d.; Will. Browne, 3s. 8d.; Steph. Flanders, 2s. 

9 l-2d.; Gechell, 2s. 5 l-2d.; Tho. Carter, 7s. 9d.; 

Edm. Elleat, 3s. 4d. 

Rate of 201i. for the third payment on Mr. Hall's farm to 
be paid in pork, wheat, barley or pease or any two of them, 
and delivered at Center Haven in Boston, made by William 
Osgood,* Richard Currier,* Anthony Collby,* Robert Pike* 
and Andru Grele.* 

Copy of will [torn] of Joseph Peasly. Mentions son Joseph, 

under age, and wife. Wit: Phillip Challis, Thomas Ba 

and Richard Cu . 

Deed, James Wall of Exiter to Henry Roby, in considera- 
tion of eight acres of upland and swamp given said Wall by the 
town of Exiter, also 100 acres nearby and 90 acres between 
Ass brooke and Exeter, sells to said Roby one bill of 401i. due 
Wall from Mr. Vallentine Rowell, dwelling near Oyster river, 
one mare, 7,000 pipestaves and hogshead staves, as many 
ashen oars as amounts to 151i. at 3 farthings per foot, two 
cows, house, barn, lot fenced in, with three acres of fresh 
meadow, two cows in Hampton, two feather beds, curtains, 
rugs, blankets, sheets, etc. 

Petition to court signed by Edward Colcord,* William Mar- 
ston,* Thomas Derbarne,* and sworn before Samuell Dalton,* 
commissioner and clerk of the court. 

Bill of cost. Richard White, James Wiggins, Nath. Master- 
son, Capt. Davis and Capt. Bradbury mentioned. 

Jno. Stevens, sr., testified. Old Goodman North, Wm. 
Woster and Robert Ring mentioned. 

William Maston, sr., deposed that he had notice of a town 
meeting at Hampton, etc. 

Richard Swaine testified that he gave Bouler liberty to make 
use of the land or timber that he bought of said Bouler which 
was sometime Saweres "that Bouler bought of him and Re- 
couered the titell of CoUecot by lawe." Sworn, June 17, 1659, 
before Mr. Wiggin and Samll. Dalton.* 

Nehemiah Jewett deposed that being at Haverhill about 

* Autograph. 



288 SALISBURY QUARTERLY COURT [NoV. 

March, 1670-71 with Jno. Todd, etc. Georg Cocks men- 
tioned. 

John Hutchins and wife Francis testified that they heard 
Moses say, etc. 

Cornish asked the court to accept his declaration in 

writing as he was unable to "declare" himself in his com- 
plaint against Gilcen. 

Venire returned by Tho. Sargent,* constable of Amesbury. 

Paper addressed "To Thomas Bradbury at his house in 
Salisbury," from Edwd. Rawson,* secretary. 

Bill of cost at Salisbury court. Thomas Crawli mentioned. 

Paper referring to the birth of a child of Susan . Wm. 

Osgood mentioned. 

Venire. Tho. Bradbury* mentioned. 

Writ. Wm. Buswell and Sam. Winsley mentioned. 

Rebecca Morgan's acknowledgment to the Salisbury court, 
concerning her relations with Daniell Beane. The testimony 
of Jonathan Clarke mentioned, also Mr. Scammons, Armstrong, 
Home, etc. She denied drinking a bottle of liquor with an 
Indian. 

Copy from the book of orders, by John Johnson:* that 
every man who had any cattle or any herdsman should bring 
in their full payment for quality, time and place according 
as they were appointed by the selectmen, all delinquents to 
pay 16d. per shilling. 

Robert Pike* affirmed that in what he said about the stat- 
ing of the meadow in the cow common, he did not mean that 
all who ever had grants in the town should have it or that it 
should be stated upon any that formerly had a right and 
sold it rather than upon a present right, but all who were 
then commoners in the old town by grant by the town "if 
any shook! prtend right to them the towne shoold not make 
themselves Juges of the case by delivering them possession 
of thes shars in our cow coman but that it shoold go to those 
whose p^'sent privilidges gave them right to it from the old 
town Imedeately: and that if any obscure right was obtained 
from them by purchas or other way, the town was not bond 
by that but wear bond to all that ar psent pprieters by our 
owne order." 

Elizabeth Ring, jr., aged about fifteen years, deposed that 
the heifer that her father and Pukeeker drove away from their 
house, having been in their corn, was William Brown's and 
it was very unruly, often leaping over a sufficient five rail 
fence. 

Andrew Grely, aged about fifty-two years, deposed that 
thirty-one years ago he made hay for Robert Ring at the 
lower end of his first division on the lower side of the pond 

* Autogi-aph. 



1679] RECORDS AND FILES 289 

commonly called Robert Rugg's pond to a little gutter or 
creek that came out of said pond. The old pine tree lay sev- 
eral rods within the said Rugg's meadow. Sworn, Aug. 26, 
1672, before Robt. Pike, commissioner. Copy made by 
Edw. Rawson,* secretary. 

Joseph Lankester's bill of cost, for his time going up into the 
new town, etc. 

Copy of order concerning fences from the town book made 
by John Johnson.* 

Henry Brown's* bill of charges as constable, serving war- 
rants on Mary Coleby, James Freise and his wife, Wm. Ser- 
geant, and Tho. Hoyt as a witness. Ed. Cottle mentioned. 

Richard Currier's bill of cost, 2s. 

Pressed for the country's service: Willi. Hook, Edward 
French, sr., Benj. Allin, Jno. Gryffyn, Robt. Roe, Edward 
Screven, Joseph Norton, Saco, and Edw. French. On the 
reverse of this paper: Wm. Hook, Jno. Collins, Sam. Joy, 
Jo. Osgood, Pet. Pette, Sam. Carter. 

Land granted to John Legatt at Salisbury. 

Copy of a record of a town meeting, made by Sam. Dudley: 

that James should have the 30 acres of meadow toward 

Salisbury, granted to Sam. Waller and before they 

went away, etc. 

Robert Downer and Philip Grely deposed that going to 
Newbery they saw Ephraim Severanc who told them a story 
about Mary Weed. Deponents always considered her an 
honest maid, etc. 

Complaint to Salisbury court of Goodwife Flanders against 
Sameuel Gachall and his wife for calling her vile names. She 
and her daughter went into Gachell's field to see where their 
cattle had broken in and Goodwife Gachell met them and 
asked if they had come to steal their corn. ''I said no I haue 
no need of yo"" corn: then shee said geet of my ground thou 

pennycoinquick I am sheure you are com to stell my 

corn: shee had a pumkeng in har hand she held it up & said 
shee woold staue my hed w*^ it, then I said if my Cattell haue 
stooid your corne you^ piggs haue stooyd Mine wheat: then 
shee said com doun: St: Donstone to heare how the Deuill 
lies: & Likewise good man gacheall doe often prouocke mee 
by calling my Children Deuills," etc. Referred to the next 
Hampton court. f 

Complaint of Thomas King,* constable of Exeter, against 
John Young for selling liquor to an Indian. Wit: Cistean 
Doler, Meream King, wife of said Thomas, and Rachell Moul- 
[ton]. 

Mr. Edw. Hilton informed the court that there was an 
assessment upon his estate to pay the last country rate which 

* Autograph. f See ante, vol. 3, p. 319. 



290 SALEM QUARTERLY COURT [Nov. 

Court held at Salem, 25 : 9 : 1679. 

Judges: Maj. Generall Daniell Denison, Maj. Wm. Hath- 
orne, Mr. John Woodbridg and Mr. Wm. Browne. 

Grand jury: Leift. Tho. Putnam, Sergt. Thomas Fuller, Mr. 
George Keaser, Jeremiah Meachum, sr., Thomas Rix, Ensigne 
Nathanill Felton, John Hill, William Browne, William Sear- 
gent, John Abby, jr., Hen. CoUens, sr., Hen. Sibly, Ensigne 
Bancraft, Joseph Mansfeild, senr., and Thomas Bishop. 

Jury of trials: Mr. Samll. Gardner, sr., Mr. Joseph Hardy, 
sr., Mr. Wm. Bowditch, Mr. Richard Croade, Joseph Hutchen- 
son, John Leach, jr., Ben. Pitnam, Hugh Woodberye, Joseph 
Daliver, Samll. Kemboll, Thomas Farrer and Daniell Gott. 

[The grand jury being called and not appearing were fined 
10s. each. — Waste Book.] 

Mr. William Longfellow v. Pennell Titcombe. Debt. 
Verdict for defendant.* 

he thinks he is freed from by the articles of agreement of the 
river of Pascattaqua with the government of the Massachu- 
setts which is acknowledged to come under said government. 
Court ordered that the constable of Exeter forbear to take 
anything of said Hilton's estate until the next session of the 
General Court that Mr. Hilton may have an opportunity to 
clear up his freedom from paying to the country rates to the 
said General Court. 

Nath. Winslo testified that one of the bound trees of his 
father Samll. Winsley's lot which lay next Mr. Car's lot, was a 
pine tree that stood on a small pine plain on the westerly 
side of Cobler's brook, so called. Sworn, 9:2: 1667, at 
Salisbury court. 

Samuell Dalton, aged about thirty years, testified that 
William Marston said that Ed. Colcord sent for him in the 
morning and he went down with his ax to cut wood. Colcord 
and Tho. Dearborn went with him. Henry Dow asked if he 
stood and looked on, and Natt. Boulter said "Tho. Dearborn 
and you had the axes," and Will. Marston said he brought his 
ax and the chain and Dearborn brought up his father Col- 
cord's ax. Sworn before Samuell Dalton, f commissioner. 

Paid to Caleb Moudie p Capt. Pike, Wymond and Woodin. 

*Writ, dated Nov. 19, 1679, signed by Daniel Denison,t 
and served by Joseph Pike,t constable of Newbury, by attach- 
ment of the dwelling house and land of defendant. 

Penuell Titcomb's bill of cost, 21i. 9s. 4d. 

t Autograph. 



1679] RECORDS AND FILB3 291 

John Poland v. Thomas Patch. Trespass. Verdict for 
defendant.* 



Stephen Grenlefe'sf receipt to Penuell Titcom for 40 shillings 
in money for the iron work that was done on his account 
for the vessel that was built at Nubery Falls by John Haseltin, 
for Mr. Longfelo and the rest of the owners. 

Bond, dated Dec. 25, 1676, given by Penuell Titcomb.f of 
Newbery, to carry on an eighth part of a vessel which William 
Longfellow had engaged by articles to build, and pay to said 
Longfellow, 561i. 5s., half in money and half in corn, wheat at 
5s., barley at 4s., rye at 4s., and pease at 4s. Wit: John 
Dresserf and Sarah Phillips. f Sworn, Nov. 20, 1679, before 
Daniel Denison.f 

Account paid to William Longfellow by Penuell Titcomb on 
account of the ship Beginning: to provision, 27li.; to mony, 
151i. Moses Brodstreet and Benayah Titcomb heard said 
Longfelow own this account. Pd. by Penuell Titcomb by 
order of William Longfelow to the builder of the ship John 
Heselton in money, 61i.; provisions, 7li. 14s. Owned by 
John Heselton. Iron work, 21i. 

Moses Bradstreet, aged about thirty-six years, and Abell 
Plats, aged about thirty years, deposed that being in Boston 
on Nov. 2, 1677, he heard them make up the account, etc. 
Sworn in court. 

Thomas Kemble, aged about fifty-six years, deposed that 
being desired by Mr. Joseph Dell, Mr. Willm. Longfellow and 
Penuell Titcomb and others, owners of the ship Beginning, of 
which said Dell is now master, he heard Longfellow agree to 
deliver up to Titcomb and the other owners mentioned in a 
mortgage which he then gave them for the half of said ship, 
all the bills that concerned their interest as soon as he came 
home to Rowley. Sworn, Mar. 25, 1678, before Tho. Clarke,t 
assistant. 

*Writ: John Polin v. Thomas Patch; trespass, for filling up 
a ditch in his meadow, whereby his meadow was lain open to 
hogs and cattle; dated 18:9:1679; signed by Hilliard 
Veren,t for the court, and clerk of the town of Salem; and 
served by Richard Hutton,t constable of Wenham, by attach- 
ment of Indian corn of defendant. 

Thomas Patch's bill of cost, 2s. 

Copy of the town records of Wenham, 6:11: 1678, made 
by Thos. Fiske,t recorder to the selectmen: "its ordered that 
all such as haue lands lying in o'' towne shall make theire 
Bounds Appeare upon demand of those that are or shall be 
Appointed by the towne to take notice of them or elc theire 

t Autograph. 



292 SALEM QUARTERLY COURT [NoV. 

land shall be measured to them according to theire Grante 
from the towne. It is ordered that the Selectmen are Appoint- 
ed to see to the prosecution of abouesaid order." 

John Dodge, aged about sixteen years, deposed that, being 
at work, Thomas Pache desired him to go with him to witness 
that he filled up Goodman Polan's ditch, and he saw him 
throw into the ditch so much of the bank as made a way for 
cattle to go over. He pulled down the fence at another place. 
Sworn, 21 : 4 : 1679, before Wm. Hathorne,* assistant. 

Alexander Tomson, aged about forty-eight years, deposed 
that when he lived with his master Starkweather about twenty- 
seven years ago, this meadow was then called John White's 
meadow, and the very ditch which was now broken down was 
then full of cocks of hay in White's day. Sworn, Apr. 17, 
1679, before Daniel Denison."* 

John Abey, aged about thirty-eight years, deposed that 
having some discourse with Thomas White about the meadow 
which he sold to Richard Brayebrooke, he told deponent 
that the point of upland that runs from Thomas Patch's land, 
which lies south of the ditch, was the utmost extent of his 
meadow northward. Further that W^hite's father told him 
the same, and the land has been accounted common for twenty- 
five years. Sworn in court. 

William Knolton, aged about thirty-eight years, deposed. 
Sworn in court. 

Richard Hutton, sr., aged about fifty-five years, deposed 
concerning serving the attachment. Sworn in court. 

Thomas Fiske, aged about fortj^-nine years, deposed that 
this land had been common land thirty years, and deponent 
warned Rowland in behalf of the selectmen about fencing in 
any swamp land with his meadow. Sworn in court. 

William Fiske, aged about thirty-six years, and Walter Fay- 
erfield, aged about forty-eight years, deposed that in the 
spring of 1679 they understood that John Pouland, under 
pretence of a right to six acres of meadow bought of Richard 
Braybrook which was formerly granted to John Whitt by 
Salem, had almost fenced with a ditch about twelve acres of 
swamp, and in accordance with the town order the selectmen 
and proprietor of the swamp adjoining Pouland's demanded 
of him to shov^^ them the bounds of his meadow, or to choose 
where in the land he would have his six acres and they would 
lay it out to him. He refused to do either, whereupon they 
measured all of the land accounted meadow lying southward 
of the point of upland that runs from Thomas Paches land 
eastward to Richard Dodg's land, leaving to the southward 
all that was said to be meadow and bounded on the south and 
east with Poland's ditch, and they found within the ditch 

* Autograph. 



1679] RECORDS AND FILES 293 

John Cromwell v. Arther Kibben. Debt. Verdict for 
plaintiff. 

John Buxton v. Benjamin Woodrow and William Sibley. 
Trespass. Verdict for defendant, the land in controversy not 
exceeding an acre and a half.* 

eight acres and a half, about two acres of which is swamp. 
The ditch was about twelve rods northward of the line and 
point, on Thomas Paches land and was in Wenham. Sworn 
in court. 

Nathaniell Browne deposed that he appraised Powland's 
damage at 71i. 15s. by eating up the grass and the hogs root- 
ing in the meadow. Alexander Thomson testified to the 
same. Sworn, Nov. 11, 1679, before Daniel Denison.f 

Richard Braybrooke, aged sixty-seven j-ears, deposed that, 
he never claimed any right in the common there, etc. Sworn 
in court. 

John Dodg, aged seventeen years, deposed. Sworn, 25 : 9 : 
1679, before Edm. Batter,t commissioner in Salem, 

John Dodg, aged about forty-seven years, deposed that the 
meadow on the northwest side of his meadow bounds his 
"brother Richard Dodg's meadow bounds was owned by 
John White senior," etc. Sworn, 26:3: 1679, before Wm. 
Hathorne,t assistant. 

Thomas Geare, aged about thirty-three years, testified that 
there was a gap in the ditch about half a pole w4de, which 
laid the meadow open to the common. John Abey, aged 
about thirty-six years, testified to the same. Sworn in court. 

John Beare, aged about thirty years, deposed that he heard 
Pache say that he had filled up the ditch and if Poland set 
any posts and rails he would cut them down. Sworn, 26 : 4 : 
1679, before Wm. Hathorne,t assistant. 

*Writ: John Buxton v. Benjamin Woodrow and William 
Sibley; trespass, for mowing the grass and carrying away the 
hay from land within the bounds of Robert Goodell's farm 
which he bought of said Goodell; dated 19 : 9 : 1679; signed 
by Hilliard Veren,t for the court and the town of Salem; and 
served by Job Swinerton,t constable of Salem, who attached 
oxen of said Sibley and land of Woodrow. 

Defendant's bill of cost. Hi. 5s. 6d. 

At a meeting of the Salem selectmen, 13 : 12 : 1651, Capt. 
Hathorne, Mr. Downing, Mr. Corwin, Jeffery Massey, Mr. 
Price and Hen. Bartholmew being present, "Robert Goodale 
haueing 40 Acres of Land Granted long since by the towne, 
and hee haueing bought land of severall others that had land 
granted to them viz Jos. Grafton 30 Akers John Sanders 40 

t Autograph. 



294 BALEM QUARTERLY COURT [NoV. 

Acres Henr. Herrick 40 Ac's W" Bownd 40 Acres Rob. pease 
& his Brother 30 Acres Rob' Cotta 30 Acres, William Walcott 
30 Akers Edm° Marshall 20 Acres Thom Antrum 20 Acres 
Michaell Shafflin 20 Acres m' Venor 40 Acres John Barber 
30 Acres Philem° Dickerson 20 Acres m' Goose 50 Acres In 
the whole 480 Acres, Itt is ordered that the said Robert Goodale 
shall Enjoy the said 480 Acres of land being part of the Eleven 
Hundred Acres if hee discharging the towne of the Abouesaid 
grant and hee is Allowed to said 480 Acres of upland; 24 
Acres of meadow prouided that the meadow laid out within his 
upland bee a p* of itt." Copy made 24 : 9 : 1679, by John 
Hathorne,* recorder to the selectmen. 

At a meeting of the seven men of Salem, 30 : 3 : 1649, 
''Granted unto Goodm. Giggles Joshua Grafton, Goodm. 
Jackson and others (who had Eleven Hundreed Acres of up- 
land Fifty Acres of meadow to bee deuided amonght them 
lyeing part betweene Goodm. Moultons Brooke & Ips\yich 
Riuer & the other part lyeing on the south side of the Riuer 
betweene m^ Norrice & Cap* Corwins Farmes." Copy made, 
25 : 9 : 1679, by Jno. Hathorne,* recorder to the select- 
men. ^ , 1, , c 

Deed, dated Nov. 3, 1668, given by Roberte Goodellej of 
Salem, farmer, to his daughter Hanah Killum of Salem, 35 
acres of land in Salem, 10 acres of which adjoined the home 
field of said Robert, bounded on the northeast by land of 
Jonathan Walcut, by Thomas Flint on the northwest the 
bound being a white oak and by the land of Mr. Gardner, sr., 
on the west, bounded with a white oak which is also a bound 
for Mr. Gardner, Anthony Needum and Thomas Flint, and 
on the southeast by land of Jonathan Walcut and Anthony 
Needum; the other parcel of 25 acres adjoins the 40 acres of 
Lot, husband of Hanah Killum, the whole length of it, having 
said 40 acres on the easterly side and land of said Robert on 
the other side almost all the length, bounded at Mr. Norice's 
Brook with an elm and at the upper end of Jonathan Walcut's 
meadow with an elm it being also a bound for Zachariah Goodell, 
and on the south the bound is a white oak, being also a bound 
for Isaac and Zachariah Goodelle. Wit: John Swinnerton* 
and John (his mark) Smith. Said Killum promised not to 
sell this land without his wifa's consent. Acknowledged, 
14 : 6 : 1678, before Wm. Hathorne,* assistant. 

William Traske and John Pudney deposed that about 
sixteen years since they were present when Thomas Small 
sold this land in controversy to Benjamin Woodrow. Said 
Small sold it as son-in-law to old Canterberey to pay a legacy 
to the Woodrow children. Sworn in court. 

Thomas Cave, aged about forty or fifty years, deposed that 

* Autograph. t Autograph and seal. 



1679] RECORDS AND FILEB 295 

he mowed this meadow for WilHam Sibly, together with 
Benjamin Woodrow. Sworn in court. 

Copy of deed, dated Dec. 29, 1674, given by Robert Good- 
ale, sr., of Salem and Margarett (her mark) Goodale, his 
wife, who released her dower, to John Buxton of Salem, for 
251i., 21 acres of land in Salem, "near y^ great River com- 
monly called Ipswich River having on y« easterly side y® land 
of Job Swinnerton Jun"" & y^ s^ Buxton bounded on y*' corner 
next Zaccariah Goodwells with a stake & Joyns to y'' s*^ Good- 
ales land on y<^ southerly end & y« other corner bound is a stake 
& so to a markt wallnutt tree adjoyn to y^ land of Lott Kellum 
& from thence on a strait Line to a redd oak tree y* stands 
upon upland being markt & so down to y^ brook Commonly 
called one Norias Brook having on y« westerly side all along 
y« land of y" s<^ Kellum & Thomas Flint & on y^ northerly end 
of y^ s'^ Brook is y^ bound." Wit: Job Swinerton and John 
Coaker. Acknowledged, 3:3: 1675, before W. Harthone, 
asst. Copy examined by Steph. Sewall,* clerk. 

Nathaniell Putnam deposed that about twenty-seven or 
eight years since he helped some of Goodman Swinerton's 
family to mow an acre near a hill called Goodale's hill, on the 
westerly side of Capt. Corwin's line, and which meadow 
has been counted ever since Capt. Corwin's meadow, etc. 
Sworn in court. 

George Corwin, aged about sixty-eight years, deposed that 
his farm of 250 acres adjoining the great river on the north 
and northwest side, which w^as laid out to him by the town 
about thirty years ago, he sold to Goodman Canterbury and 
Job Swinerton. There were then two acres of meadow about 
the west side of the white oak which was the bound between 
Robert Goodale and himself, it being some distance above 
his farm between the river and said Goodale's lot, which was 
laid out to deponent by the town when the whole farm was. 
Sworn in court. 

Robort Goodall, aged about eighty-nine years, deposed 
that Capt. Curwin's farm was laid out before his. Also that 
he did not sell that little piece of meadow to John Buxton. 
Sworn, Nov. 25, 1679, before Bartho. Gedney,* commissioner. 

Thomas Flint, aged about thirty-three years, deposed 
that the fifty acres of upland and meadow that his father 
bought of Goodman Goodale was part of the 1,100 acres, so 
called, etc. Sworn in court. 

Antoney Nedham deposed that about twenty-eight years 
since he carted hay by Capt. CurAvin's order off this piece of 
meadow. Sworn in court. 

Zakare Goodale, aged about forty years, deposed that he 
improved his father's farm, etc. Sworn in court. 

* Autograph. 



296 SALEM QUARTERLY COURT [NoV. 

Robert Knights, sr. v. Onesiphorus Allen and Samuell 
Leach. Verdict for defendants.* 

John Burron, aged about twenty-eight years, deposed that 
Willi. Sibly hired him to cart home the hay, etc. Sworn in 
court. 

John Putnam, sr., aged fifty years, deposed that Capt. 
Gorg Curwin had possessed this meadow about thirty years 
and deponent was present when he delivered it to old Can- 
terberey about twenty years ago, one of the lot layers being 
there also. Sworn in court. 

*Writ, dated 18 : 9 : 1679, signed by Hilliard Veren,t for 
the court, and the town of Salem, and served by Jams Fowl- 
ing,! constable of Salem. Bond of Onesiparos (his mark) 
Alin, with Robert (his mark) Leach and SamuU (his mark) 
Leach, as sureties. 

Defendants' bill of cost, 41i. 7s. 

Copy of papers in a similar action tried in the last Salem 
and Ipswich courts. 

John Abbot and John Knighte testified that no wood was 
taken from Knight's farm, etc. Sworn in court. 

Samuell AlUn, aged about fifty years, William Allin, aged 
about thirty-three years, and Robert Leech, aged about 
twenty-seven years, deposed that the wood was cut in Man- 
chester. Sworn in court. 

Copy of warranty deed, dated May 21, 1679, given by 
James (his mark) Russell of Charlestowne, merchant, con- 
firming to Robert Knight, a farm at Kettle Cove containing 
four score acres, that Gloster, in 11 mo. 1643, granted to 
Mr. Richard Blindman, formerly minister there, who sold it 
to Richard Russel late of Charlestown, deceased, who in turn 
conveyed it, 8:4: 1659, to Robert Knight of Marblehead. 
Wit: Joseph Shapley, Eleazer Moodey and Jno. Hayward. 
Acknowledged, May 21, 1679, before Edw. Ting, assistant. 
Copy made by Steph. Sewall,t cleric. 

On 29 : 1 : 1651, at a town meeting at Manchester, the 
following allotments of marsh were made: Thomas Chub, 1; 
Henery Lea, 2; Willam Everton, 3; Richard Norman, 4; 
John Pickworth, 5; Nathanell Masterson, 6; John Norman, 
7; Nicklowes Vencsen, 8; Pascoe Foote, 9; Robert Leach, 
10; John Siblle, 11; Willam Bennet, 12; Thomas Millet, 13; 
Benjemen Parmeter, 14; Willam Allen, 15; Samuell Freind, 
16. Copy made, Nov. 24, 1679, by Samuell Freind,t clerk of 
the selectmen. 

Nicholas Vincent, aged about sixty-seven years, and Samuell 
Allin, aged about fifty years, deposed that Manchester had 
owned that land for twenty-eight years, etc. Sworn in court. 

t Autograph. 



1679] RECORDS AND FILES 297 

Christopher Codner v. Tho. Tayner, Appeal from the 
judgment of Maj. Wm. Hathorne. Verdict for plaintiff, 
the former judgment reversed.* 



Thomas Chub and wife Avice testified that they had a lot 
granted by the town at Kettle cove and lived in Manchester 
for seventeen or eighteen years and about a year before they 
removed from town, they sold the lot, etc. Sworn in court. 

John Knighte and Robberte Knighte, jr., aged upward of 
sixteen years, deposed that they saw Samuell Leach and his 
servant carry away wood from their father's farm at Kettle 
cove, also William Allen cut hoop poles, etc. Sworn in court. 

William Pow and John Abbot, aged upward of twenty-eight 
years, deposed that they received orders from Robert Knighte, 
sr., of Marblleehead to fetch some wood from his farm at Kettle 
cove and they took some and put it into their ketch, etc. 
Sworn in court. 

John Leach and Rachell Goulthite testified that in 1641 
John Sible having a propriety in land at Kettle cove held it 
during his life, and ever since his son John had enjoyed it. 
Sworn in court. 

Copy of the grant by the town of Glocester to Mr. Blynman, 
18 : 11 : 1643, made l3y Obadiah Bruen, recorder in the year 
1643. Sworn, by Obodyah Bruine, June 18, 1679, at Nu- 
warke, New Jarsie, before John Ward,t justis. 

Charles Knighte, aged about thirty-five years, testified 
that about sixteen years ago he mowed grass at Kettle cove 
by order of his father, Robert Knight, etc. Sworn in court. 

Edmond Bridges, aged about forty years, testified. Sworn 
in court. 

William Beale, sr., aged upward of forty-nine years, testi- 
fied. Sworn in court. 

*Copy of the action, brought before Wm. Hathorne,t 17 : 
9 : 1679, Tho. Tayner v. Christopher Codner, for pulling 
down his fence at the corner of his garden, with judgment for 
plaintiff. Appealed to the next Salem court, with John 
Clefford and Edward Bridges, as sureties. 

Elias White and Robert Seueel, one aged fifty-five years, 
and the other aged thirty-six years, testified that Codner 
came into Tayner's house and said he had pulled down the 
fence, etc. 

Summons, dated Nov. 12, 1679, to Christopher Codner, 
signed by Moses Maverick, for the court and the town of 
Marblehead. 

Warrant, dated Nov. 7, 1679, for Codner's appearance, 
signed by Moses Maverick, for the court and the town of 

t Autograph. 



298 SALEM QUARTERLY COURT [NoV. 

Thomas Walter, husband of Hanah, daughter of Robert 
Gray, deceased v. Nicholas Manning, husband of Elizabeth, 
relict and executrix of Robert Gray, deceased. Withdrawn. 

Mary Gray, daughter of Robert Gray, deceased v. Nicholas 
Manning, husband of Elizabeth, relict and executrix of Robert 
Graye, deceased. Withdrawn. 

Hannah Browne, relict and administratrix of James Brown, 
deceased v. Hanah Browne, relict and administratrix of John 
Browne, deceased. Forfeiture of a bond. Verdict for plain- 
tiff.* 



Marblehead, and served by Thomas Hawkins, constable of 
Marblehead. 

Thomas Tayner's bill of cost, 12s. 

Copy of deed, dated Mar. 22, 1671, given by Elias White, 
fisherman, of Marblehead, to Thomas Tayner, fisherman, of 
Marblehead, one-quarter of an acre of land in Marblehead, 
bounded north or about north and by east from Tayner's 
dwelling house and joined to the cartway. Wit: Henery 
Treevett, Johnathan Gatchell and John Gatchell, jr. Re- 
corded in Salem records, book 3, folio 143, by Hilliard Veren,t 
recorder. 

Christypher Codnor'sf bill of cost, Hi. 9s. 9d. 

Christopher Codner's reasons of appeal from the judgment 
of Major William Hathorne: that he did not have six days' 
notice of the action, and the constable's return was not dated. 
Received, Nov. 20, 1679, by Wm. Hathorne,t assistant. 

Thomas Tayner'sf answer to Codner's reasons of appeal: 
that it was too late for a nonsuit, and "he hath forgot his 
main Reason I humbly conseue that his cleyent waneth 
monv," etc. 

John Gatchell, aged about sixty years, and Wibrough, his 
wife, aged about sixty-seven years, deposed on Nov. 22, 1679, 
that they saw their son Joseph Gatchell give to Thomas 
Gatchell and Jonathan Gatchell a legal summons to testify 
in a case between Thomas Disksey and their son Joseph. 

*Writ, dated Oct. 16, 1679, signed by Hilliard Veren,t for 
the court and the town of Salem, and served by Henry Skerry, f 
marshal of Salem, by attachment of land toward the ferry m 
Salem, two brass kettles, great and small, great table, two 
small tables and a bed-spread. 

Bond, dated Oct. 12, 1665, given by John Brown, jr., J of 
Salam to James Browne of Salam, for 65H., half to be paid to 
Mr. John Sentle at Porter's Key in London for the use of 
Heu Hide in current money of Ingland and half to Mr. Thomas 

t Autograph. J Autograph and seal. 



1679] RECORDS AND FILEB 299 

John Norman v. John Adkinson. Verdict for defendant. 
Mr. Jeremiah Hubbard v. Thomas Dorman and Judeth- 
Dorman, his wife. Slander. Verdict for plaintiff.* 



Dane of New England, with 25 per cent, advantage. Wit: 
John Phillipst and Thomas Lawrence. t Sworn by Phillips, 
28 : 6 : 1678, before Anthony Stoddard,! commissioner, and 
by Thomas Lawrence, 9:9: 1666, before Wm. Hathorne,t 
assistant. James Browne'sf receipt, dated July 20, 1666, at 
John Hul's at Boston, for llli. 5s. James Browne'sf receipt, 
dated May 16, 1669, for 51i. 8s. James Browne'sf receipt, 
dated July 15, 1672, land to the value of 51i. 

*Writ, dated 19 : 9 : 1679, signed by Hilliard Veren,f for 
the court and clerk for the town of Salem, and served by 
Willi. Perkins,f constable of Topsfield. 

Mr. Hubbard's bill of cost, 21i. 6s. 

Sarah Wildes, aged about fifty years, deposed that having 
discourse wuth Judeth Dorman about three-quarters of a 
year before she joined the Church of their town, she asked 
deponent if there w^as not a place where it is said that Moses 
stood in the gap and wrath was stayed. Deponent answered 
that there was such a place. She replied that Mr. Hubbard 
had a Moses in his house, or else the wrath of God would fall 
on him. Deponent replied that many things were said 
about Mr. Hubbard which were not true. She replied that 
Mr. Hubbard was a sad man and if others knew as much as 
she did about him he would never have another member join 
the Church as long as he lived in Topsfield. Deponent replied 
that David, a man after God's own heart, fell and she answered 
that if we fall with David, we must rise with David. Later 
meeting with Judeth Dorman, deponent told her she heard that 
she was abusing Mr. Hubbard and that two persons had 
asked Mistress Hubbard about it, and the latter said that 
Judeth had only gone up to carry Mr. Hubbard's night cap, 
and went up and came down as fast as she could. Judeth 
said it was true, but he offered abuse, etc. Sworn, 26 : 9 : 
1679, before Edm. Batter,f commissioner in Salem. 

Sarah Goold, aged about thirty-eight years, deposed that 
she being at Mr. Jereme Hubbard's house at Topsfield heard 
Goody Dorman say that she should go to Salem the next day 
if it were fair weather, and the Sabbath day night following 
deponent being at Mr. Hubbard's again heard the latter ask 
Jude Dorman to come and watch with his wife another night 
and Judeth replied that she was willing to do any good she 
could for Mrs. Hubart. Mr. Hubart said they must go and 
ask Hepsebah what night, and the latter said she had pro- 

t Autograph. 



300 SALEM QUARTERLY COURT [Nov. 

vided watchers for that night. John How being there went 
out and Mr. Hubart asked Judeth Dorman if he had gone 
away. She replied that he had not, but had only gone to 
fetch out his horse, and Mr. Hubert said he wished to speak 
a word or two with him. Goody Dorman went out and 
Mr. Hubbert followed. Sworn, 26: 9 : 1679, before Ed. 
Batter,* commissioner in Salem. 

Mary Courties, wife of Zacheus Courties, jr., deposed that 
she lived at her brother Pery's house and Mrs. Simans, wife 
of Mr. William Simans, lived in one room of the same house. 
Mr. Houberd often came to Mrs. Simans' room and stayed 
until late at night, and embraced her and talked lovingly 
to her, with their faces close together, and she would sit on 
his knee and he often stroked her face. Once on a lecture 
day Mrs. Simans tarried at home and killed one of her fowls, 
because she said Mr. Houbeard was coming that night, which 
he did and stayed late. Also on a Saturday night he tarried 
very late. Sworn, 24 : 9 : 1679, before Edm. Batter,* com- 
missioner in Salem. 

Hepsebeth Raye deposed that her sister Judah Dorman 
watched with Mrs. Hoberd one night and brought her tallow 
candles with her. Sworn, 25 : 9 : 1679, before Edm. Batter,* 
commissioner in Salem. 

Samuell Hewlett deposed concerning what Judeth Dorman 
told him happened one night when she watched with Mistress 
Hubberd. Sworn, Nov. 24, 1679, before Daniel Denison.* 

John Cummings, aged about fifty years, deposed that being 
at Thomas Dorman's, his wife Judith told him that for all he 
was such a friend of Mr. Hubbard's and stood so much for 
him that if he knew as much of him as she did, he would not 
say so much. Deponent asked her what she knew that was 
so bad. She told him of several occasions when he had kissed 
her, called her a pretty woman and offered abuse, once when 
she went to rake the fire for the night, and once in his chamber 
where Mrs. Hubbard sent her to arrange his bed. His words 
were not fit to be spoken. She said she had told John How 
of his actions. Deponent told her that How was no good 
friend of Mr. Hubbard's and asked her why she had not told 
"som fitter parson to divulge a matter of such a rate to." 
She said it was true and she would stand to it till she died. 
Sworn, 26 : 9 : 1679, before Edm. Batter,* commissioner in 
Salem. 

Wm. Howlett, aged twenty-nine years, deposed concerning 
what Judeth Dorman told him. Also that the second time 
she watched at Mr. Hubberd's she took a book and candle 
so that she might read, but Mr. Hubbard sat up late and 
told her that she would spoil her eyesight reading by candle- 

* Autograph. 



1679] RECORDS AND FILES 301 

Capt. Nicholas Maning v. Resolved White and Abigail, 
his wife, executrix of the will of William Lord, deceased. 
Debt. Verdict for defendant. Appealed to the next Court 
of Assistants. Said Maning bound, with Lift. Jeremiah 
Neale and Edmond Bridges as sureties.* 

light. She kept on, thinking that he would go to bed and 
leave her, etc. She put the candle on a joined stool in his 
chamber, etc. He spoke words to her that she was ashamed 
to repeat. Sworn, 26 : 9 : 1679, before Edm. Batter,t com- 
missioner in Salem. 

Mary Dorman, aged about twenty-six years, deposed as 
to what her sister Judith said to her. Sworn, Nov. 24, 1679, 
before Daniel Denison.f 

*Writ, dated 20 : 9 : 1679, signed by HilHard Veren,t for 
the court and town of Salem, and served by James Powllen,t 
constable of Salem, by attachment of marsh in the south 
field, a part of the broadfield and houses and land in the town 
near the meeting house in Salem, all belonging to defendant. 

Nicolous Maning's bill of cost, Hi. 8s. 8d. 

Receipt of William (his mark) Lord, sr., of Salem, dated 
July 19, 1669, to Nicholas Maning, gunsmith, for lOli., on 
account of the 151i. due for the broad field. Wit: Henry 
West.f Sworn in court. 

Copy of receipt of Abigail (her mark) Lord, sr., of Salem, 
widow, to Mr. Nicholas Manning of Salem, gunsmith, for 
5011., lOh. of w^hich was in money, the rest in specie, in part 
pay for the broad field, which was received before Apr. 30, 
1670; this was paid before the bill of 1201i. was made and was 
no part of that. Wit: Abigail (her mark) Gray and Edward 
Norrice. Copy made by Hilliard Veren,t cleric. 

Receipt, dated Oct. 20, 1674, of Abigail (her mark) Lord 
of Salem, widow, to Mr. Nicholas Manning of Salem, gun- 
smith, for 2511., in full for land bought of her husband William 
Lord, sr., in the south field, this being in discharge of another 
bill of the same which at present cannot be produced. Wit: 
Abigal (her mark) Gray and Edw. Norice.f Owned in court. 

Copy of papers in a similar action brought in Salem court, 
Nov., 167.5. 

Elizabeth Predist and Bethia Allen deposed that they 
heard Abigail Lord, alias White, say that she had received 
44H. in money of Capt. Nicholas Manning, which he had 
received from Elder Brown, as the children's portions. Sw^orn 
also by Edmond Bridges and Capt. Floyd in court. 

Samuel Gray, aged about twenty-eight years, deposed that 
Nicolas Manning and he, watching together one night with 

t Autograph. 



-302 SALEM QUARTERLY COURT [NoV. 

Mr. John Barton v. Nicholas Manning. Verdict for plain- 
tiff.* 

deponent's uncle William Lord, sr., in his sickness, said Man- 
ning told deponent that he gave 170li. for the broad field. 
He had paid 50li. in money, and for the remainder he was to 
pay 20li. a year. Sworn, 22 : 9 : 1679, before Edm. Batter,} 
commissioner in Salem. 

Abigail Lord, Dr., to money pd. from July 19, 1669 to 
Feb. 3, 1675, 254H. 13s. 9d.; Cr., for the broad field, 123li.; 
for land in the south field, 251i.; total, 148li. 

Abigaile Graye, aged about twenty-four years, testified 
that living in the house with her uncle William Lord, she was 
present at the bargain making, etc. Abigaile, wife of Resolved 
White, testified to the same. Sworn, 25 : 9 : 1679, before 
Edmund Batter,t commissioner in Salem. 

Abigaile, wife of Resolved White, deposed that, when Man- 
ning had her sign the first receipt, he surprised her and she 
being a weak woman agreed to it. She asked to wait until 
a friend could see it, but he stopped her at the door and over- 
persuaded her, Mr. Norrice saying he would fix it, etc. Sworn, 
25 : 9 : 1679, before Edm. Batter, f commissioner in Salem. 

*Writ: Mr. John Barton, chirurgion v. Nicholas Manning; 
for non-payment of 2s. 6d. per head for all the passengers that 
came over in the ship Hannah and Elizabeth from England, 
Mr. Lott Gourding, commander, to the number of about 
forty-seven, according to agreement, with all just interest; 
dated 10 : 9 : 1679; signed by Hilliard Veren,t for the court 
and town of Salem; and served by James Powllen,t constable 
of Salem. Bond of Nicholas Manning.f 

Jacob Manning testified that upon a falling out between 
Mr. Smith and Dr. Barton on the ship, Mr. Smith said 
he had given him half a crown for his head in Dartmouth 
and would not give him five shillings more for Ij'ing in his 
cabin. Sworn in court. 

Mr. Lott Gourding, commander of the pink Hannah and 
Elizabeth, aged about thirty-two years, deposed that Capt. 
Nicholas Manning shipped John Barton as chirurgion, and he 
administered to several, especially to said Manning's servants, 
and served in that capacity from May 23 to Sept. 14. He 
was to have half a crown a head at the place where the pas- 
sengers came on, as was customary throughout England. 
Sworn at Boston, Nov. 14, 1679, before John Richards, f 
commissioner. 

Benjamin Rowlings, seaman, aged about twenty-eight years, 
deposed that Barton was to have his passage free, etc. Sworn 
at Boston, Nov. 14, 1679, before John Richards,! commissioner. 

t Autograph. 



1679] RECORDS AND FILES 303 

John Galley, aged forty-nine years, deposed that he came 
over in the ship and about fourteen days after their arrival in 
Salem, he was with Dr. Barton at Abraham Cole's house in 
Salem, and told the Doctor that he would be willing to satisfy 
him for himself and son at the rate of half a crown if others 
did. Dr. Barton replied that whereas deponent did him a 
kindness in exchanging 20s. of old England money for New 
England money, that would satisfy him, and for his son, 
two or three pounds of tobacco would content him. Also 
that one George Martin said that Dr. Barton demanded 5s. 
for himself and wife and would have taken a feather pillow 
in lieu of it. Sworn in court. 

John Barton's bill of cost. Hi. 19s. 4d. 

Jacob Manning, aged eighteen years, and Anstice Manning 
testified that Dr. Barton lay on board the ship Hannah and 
Elizabeth of Boston, Lott Gorden, commander, about five or 
six weeks in Dartmouth and had his victuals upon Nicholas 
Manning's account all that time, and came from there a pas- 
senger to New England. Also he brought a great chest in 
the hold of the ship. Owned by defendant in court. 

Lott Gourding, aged about thirty-two years, and Benjamm 
Rowlings, aged about twenty-eight years, seaman, deposed. 
The former sworn at Boston, Oct. 25, 1679, and the latter on 
Nov. 4, 1679, before John Richards,* commissioner. 

Passengers that came in the ship Hannah and Elizabeth, 
Mr. Lott Gourding, master, Capt. Nicholas Manning, under- 
taker: Mrs. Anstice Manning, sr., Anstice Manning, jr., 
Margrett Manning, Sarah Manning, Jacob Manning, Thomas 
Manning, Elizabeth Walsh, Joane Brownestis, Margrett Willing, 
Annis Foord, Anne Killegrove, Margrett Bouey, Grace Stiver, 
Mary Peirce, Stephen Bickford, Robert Cane, Joseph Man- 
ning, Richard Oliver, Richard Thomas, Wm. Hutchings and 
his wife, George Martine and his wife, Mr. -John Jackson and 
his wife, Clement Jackson, Sarah Jackson, Agnes Jackson, 
Mrs. Joane Deareing, Sarah Dearing, Joseph Dearing, Tho. 
KnoUman, John Norway, James Tomling, Mr. Thomas Towsey, 
and his wife and child and servant boy, Moses Bearild, James 
Mudd, Richard Gourding, Mr. Aron Smith, Mr. John Cally, 
sr., John Cally, jr., Thomas Baker. The eight Jacksons were 
upon agreement between Capt. Manning and John Jackson, 
to have passage from Dartmouth to New England, on account 
of labor performed by said John Jackson. This list was 
sworn to by Capt. Gourding and Benjamin Rawlings in Bos- 
ton, Nov. 4, 1679, before John Richards,* commissioner. 

Medicines expended upon a voyage from Dartmouth to 
New England in the ship Hannah and Elizabeth, by John 
Barton, giving the names, maladies and medicines: May 27, 

* Autograph. 



304 SALEM QUARTERLY COURT [NoV. 

Capt. Nicholas Maning v. John Barton. Verdict for 
defendant.* 

Hen. Dawson, an Aching Humor, letting of blood. Is.; Nath. 
Stanbury, pain in his head and teeth, 6 purging pills with 
Resin of Jallap, 2s., oil of Cloves & origanum for his teeth. 
Is.; June 28, Rich. Gourding, Bit with a Dogg on ye wrist, 
Oyntments Emplaisters, Balsam for seaven dayes, 5s,; July 4, 
Robt. Canes, a Bruise upon his fingers with a chest in y« Hold, 
oyntments & Emplaisters for severall dayes, 2s.; July 10, 
Jos. Manning, A Broken shinn, severall Emplaisters, Is.; 
Annis Foord, An Extream Cold, A diaphoristick Bolus, Is.; 
July 12, GoodAvif Martin, Naturall Obstructions & very faint, 
syrup of saffron, Gascons powder, 3s. 6d.; Annis Jackson, 
Stomachacall paine, syrup of saffron, Is.; Rich. Gourding, 
A great Cold, swelling of ye Amigdalls & a feaver. An oyntm.ent 
for his throat, 6d., A sweating Bolus, Is., A potion of physicke, 
Is. 6d.; 13, A Refrigerateing powder, Is., a somnifarous 
Bolus, Is., more oyntment, 6d., A pectoral syrup. Is. 4d., 
A liquorish sticke, 2d., A pectorall Refrigerating Decoction, 
2s.; July 14, Margrett Manning, paine in her head, Em- 
plaisters for her temples, Is.; July 15, Tho. Knollman, Blis- 
tered his hand & fingers, Emplaisters & oyntment, Is.; Annis 
Jackson, a suppository, 6d.; July 16, Anne Killigrove, a 
suppository, 6d., purging pills, 3s. 6d.; Annis Jackson, purg- 
ing pills, 2s.; Mary Peirce, cutt finger, Emplaisters, 6d.; 
Nath. Stanbury, bruised finger, Emplaisters Unguents, Is.; 
July 21, Ben. Threenedles, a Roosty naile in his hand, Em- 
plaisters, Is.; Mr. Tom. Towsey, paine in his head & swelling 
of ye Amigdalls, a suppository, 6d., a Sweating Bolus, Is., 
July 22, An Oyntment for his throat, 6d., A suppository, 6d., 
6 purging pills. Is. 6d.; July 22, Goodwife Hutchins, Tooth- 
ache, oile of Cloves, 6d., Blistring Emplaisters, Is.; July 23, 
oile of Cloves, 6d., Emplaisters for her Temples, 6d.; Good- 
man Hutchins, much troubled with fiemge, A pectoral syrup, 
Is.; July 29, Stephen Bickford, worms, purging pills with 
Mercurias dulcis. Is., flower of Brimston, 6d.; July 31, Mr. 
Gourding, Broken hands & fingers, Emplaisters, Is.; Mar- 
grett Bouy, cutt & Bruise in her nose & Eyebrow, Emplaisters 
& Balsams for 6 dayes, 6s.; Aug. 4, An Killigrove, Histericall 
vapors, suppository, 6d., A compound Clyster with Histericall 
Carmanitius suds, 2s. 6d., an Histericall bolus, Is. 6d., A 
stomachicall Emplaister, Is.; Aug. 8, Joan Brownstist, Hyster- 
icall fitts, spiritt of castor oile of Amber severall times, 3s.; 
Tho. Knollman, a cold & feaver, A Diaphoretic bolus. Is. 6d., 
A somniferous Julap, Is.; Aug. 10, both ye same againe, 2s. 6d. 
total, 31i. 5s. 

*Capt. Nicholas Manning v. Mr. John Barton; for with- 



1679] RECOKDS AND FILES 305 

William Pinson v. Walter Munjoy. Verdict for defendant.* 

holding about eight pounds in money, due for his passage and 
freight from England, and for diet while in England; dated, 
20 : 9 : 1679; signed by Hilliard Veren,t for the court and 
the town of Salem; and served by James Powllen,t constable 
of Salem, by attachment of Dr. Barton's land on the south 
side of John Sanders' garden in Salem. 

John Barton's bill of cost, 7s. 8d. 

*Writ: William Pinson v. Walter Munjoy; for withholding 
an account of his part or share in a fishing voyage made in 
1677, Gilbert Peeters being master, and defendant being a 
shoreman and as shoreman weighed and delivered the fish; 
dated 18 : 9 : 1679; signed by Hilliard Veren,t for the court 
and town of Salem; and served by Peter Cheever,t constable 
of Salem. Bond of Waltar (his mark) Mongy, with Edmond 
Bridgesf and Peter Millerf as sureties. 

William Pinson's bill of cost. Hi. 2s. 

William Penson'sf receipt to Walter Mountjoy, dated 
Salem, 12 mo. 1677, for five quintals and a half of refuse cod 
fish at 10s. per quintal, on account of Gilbert Peters. 

"Walter Munjoy Delever to Rob* Kitchen fower quintal! 
of Reffuse fish, hake & pollock, for your freind William Pen- 
son. f Nouemb : 9 : 1677." Receipt, dated Nov. 9, 1677, 
signed by Ro: Kitchen. f 

Nathaniell Sharpe oif Salem, mariner, aged about thirty- 
three years, deposed that he heard William Pinsent sell to 
Gilbert Peeters, master of the ketch Leusy, that part of the 
fishing voyage which belonged to him, either by his own labor 
or by hired men, for 171i. 10s. in fish at price current. Sworn, 
11:6: 1678, before Wm. Hathorne,t assistant. Owned in 
court. 

Richard Flandor, aged forty years, deposed that he had 
been employed on fishing accounts in Salem for many years 
and had been a shoreman. It has been a general custom for 
the shoreman to take charge of what fish was committed to 
him by the ketch's company to which he belongs, also to 
weigh out and deliver to every man or his order his proper 
part. Sworn in court. 

Jno. Lee, aged about thirty-four years, deposed that speak- 
ing with Gillbert Peeters concerning Wallter Munjoy's with- 
holding fish from Pinson, Peeters said that Monjoy, as shore- 
man, had done Peeters great wrong, and if he told what he 
knew that Pinson would sue Monjoy. Sworn in court. 

Nathaniell Sharpe, aged thirty-five years, and Charles 
Knight, aged about thirty-five years, deposed that they and 
Gilburd Peeters, Jno. Tapley and William Pinson shipped 

t Autograph. 



306 SALEM QUARTERLY COURT [NoV. 

Isaack Woodbery v. Roger Rose. Verdict for defendant. 
Agreed, and judgment satisfied.* 

in Mr. Jno. Curwen's ketch called the Lewse in Jan., 1676, 
and agreed with Wallter Monjoy to make and weigh the 
fish as their shoreman. Sometime in February they went 
out to sea to make the first fare and before they came home 
William Pinson was taken lame in one of his hands, being 
unable to go out for the second fare. Pinson then hired 
Pascoe Foot to take his place and he was accepted by the 
whole company and did his work well. For the third fare, 
Pinson shipped WiUiam Nouell, who also was acceptable to 
the company. Each man's share for the three fares was to 
the value of twenty-five pounds, as Walter Munjoy informed 
them. Deponents had been engaged in this emj^loj^ment for 
seven or eight years. Sworn in court. 

Thomas Robens, aged about sixty-two j^ears, and Jno. 
Whefen, aged about fifty-two years, deposed that Peeters 
bought Pinson's share in the voyage for 171i. 10s. after Pinson's 
hand was disabled and gave him a bill, but afterward Peeters 
told him that he might have the fish and the bill was declared 
null and void. Sworn in court. 

Walt. Mungoy, aged about forty-six years, testified that 
being shoreman to Gilbertt Peters and company in 1677, he 
paid for him in fish to Wm. Pincent or order and to Cap. Jno. 
Corwine for his account 1511. 10s. 6d. Sworn, Sept. 20, 1678, 
before William Browne, f commissioner. Owned in court. 

Thomas Jeggells, sr., aged about fifty-seven years, deposed 
that for thirty years past he had been engaged in fishing in 
Salem, and as a shoreman. Sworn in court. 

John Taply, aged about forty years, testified concerning 
the sale of the fish to Gilbord Peters. Sworn, Aug. 7, 1678, 
before William Browne, f commissioner. Owned in court. 

*Writ: Isaack Woodbery v. Roger Rose; for not returning 
Edward Alfrey, servant of said Woodbery, according to 
promise made to the constable of Pascattaque, which servant 
said Rose carried away from Salem to Pascattawaj^e without 
knowledge of his master; dated 7:8: 1679; signed bj' Hilliard 
Veren,t for the court and for the town of Salem; and served 
by James Powllen,t constable of Salem. Bond of Roger 
Rose,t with Dom. Whitef as surety. 

Rodger Rose's bill of cost, 31i. 14s. 

Warrant, dated 19 : 6 : 1679, to the constables of Salisbury, 
Hamton, Exeter, Dover and Porshmoth, for the apprehension 
of Edward Alfry, servant of Isaac Woodburj^, who broke open 
a closet door and stole four or five pounds, "he is about 20 
years of age, a midle stature, shorne curld black hair, a short 

t Autograph. 



1679] RECORDS AND FILES 307 

darke Jacket," he went away in Roger Rose's boat, etc., 
signed by Wm. Hathorne,* assistant. 

Warrant, dated Portsmouth, Aug. 21, 1679, to Rodger 
Rose to carry back Edward Alfrey to Salem whence he brought 
him and deliver him to the next authority, signed by Richard 
Martyn,* commissioner. 

Jo. Woodbridge,* commissioner, on Oct. 6, 1679, ordered 
the constable of Newberry to assist Edward Alfry with what 
help he needed and his master would pay the charge. 

William Hathorne,* assistant, ordered the keeper of the 
Salem goal, 6:8: 1679, to take Edward Alfry into his custody. 

Letter of attorney, dated Nov. 6, 1679, given by Isaac 
Woodberyt of Salem to Mr. John Clifford of Salem. Wit: 
Richard Stower* and Edmond Bridges.* Sworn before 
William Browne,* commissioner. 

George Deane, aged about forty j^ears, deposed that being 
at Pascataque river mouth about three months ago Roger 
Rose of Boston came on board the vessel of which he was 
master, informing him that he had a young man aboard of 
his vessel who was put aboard as a runawaj' by the authority 
of Pascataque. Rose asked deponent to take him, as deponent 
belonged to Salem, but he would not unless he were delivered 
by authority. Sworn, 27 : 9 : 1679, before Ed. Batter,* 
commissioner in Salem. 

Tho. Hayward, aged about twenty-six years, deposed that 
he being a passenger with Rodger Rose at Salem when he 
was bound for Pescataqua, two men came aboard when he 
was under sail. They were called William Craift and Edward 
Albry. Rose doubted his right to take Albry for he thought 
he might be someone's servant, but Craift, the joiner, declared 
that he was no man's servant. Sworn, 24 : 7 : 1679, before 
Edward Tyng.* 

John Grafton, aged about fifteen years, testified that he 
being on board his master, Roger Rose's, vessel, the two men 
came on board. His master was in his cabin and came out 
and asked them what they were. Alfry replied that he was 
a seaman and no man's servant. Rose said if he was a ser- 
vant he could not carry him. This discourse was when they 
were outside of Winter Island in Salem. Sworn, Nov. 11, 
1679, before Edward Tj^ng,* assistant. 

Steph. Griggs, aged about forty years, and Fran. Grant, 
aged about forty-two years, deposed that in Allfrey's absence 
they caught 8,000 fish, of which if he had been with them he 
would have had his share. Sworn, Nov. 11, 1679, before 
William Browne,* commissioner. 

Nicolus Maning, Samuell Beadal, and Edmond Bridges 
testified that they heard Rose say that the men came on board 

* Autograph. f Autograph and seal. 



308 SALEM QUARTERLY COURT [NoV. 

Capt. Nicholas Maning v. Thomas Walter and Hanna, 
his wife, formerly the daughter of Robert Gray, deceased. 
Withdrawn.* 

Mr. Tho. Woodbridg v. Capt. Nicholas Page. Debt. 
Withdrawn. 

Tho. leves v. John Chubb. Verdict for plaintiff.f 



the vessel between Winter Island and Backar's Island. They 
brought some pork and some clothes, and at Puscattaque, 
Alfry was seized by a hue and cry and given by authority to 
Rose to return to Salem, but Rose confessed that he carried 
him to Salsberry, where he took a freight of hay to Pascataque 
again, leaving the runaway with one Mr. Huck of Salsberry. 
He delivered his hay and sailed for Boston, thence to New- 
bery, where he accidentally spied said Alfry aboard of Doil's 
ketch. Sworn, Oct. 13, 1679, before William Browne,t com- 
missioner. 

*Writ, dated 20 : 9 : 1679, signed by Hilhard Veren,| for 
the court and the town of Salem, and served by James Powllen,t 
constable of Salem. Bond of John RogersJ of Salem and 
Thomas Walter. | 

tWrit: Thomas Ives v. John Chubb; for makmg use of a 
boat of plaintiff's contrary to order and leaving her carelessly; 
dated 3:8: 1679; signed by Hilhard Veren,J for the court 
and town of Salem; and served by John Williams,| deputy for 
and son-in-law of Henery Skery,t marshal of Salem. 

Thomas Ives's bill of cost, 4H. 6s. 4d. 

Thomas Woodbury, aged about forty years, and Jeremiah 
Neale, aged about thirty-four years, deposed that being at 
Capt. More's the latter end of last summer with Thomas Ives 
and John Chubb, the latter said that Ives did not let him the 
boat for any certain time. Sworn in court. 

Jonathan Pickerell, aged forty years, and David Phipeny, 
aged thirty years, appraised the damage to the boat which 
had been left bulged on the east side of Thomas Woodbury's 
point, not a fit place to leave a boat, at 71i., one-half m silver. 
Sworn in court. 

George Jacobs, jr., aged thirty years, deposed that some 
time before the boat was bulged or staved, Ives told Chubb 
to bring her home and he would fit her with such necessities 
as needed. Sworn, 25 : 9 : 1679, before Wm. Hathorne,t 

ex OCT O'l' Q TIT 

John Sampson, aged about fifty-three years, deposed that 
he was chosen as an arbitrator and met with Mr. Velle and 
Mr. Ives of the other side. Ives owned that he let the boat 
to Chub and the latter had made several freights in her. De- 

X Autograph. 



1679] RECORDS AND FILES 309 

ponent, not having an opportunity to speak, refused to arbitrate 
with them. Mr. Velle desired him to meet him at Goody 
Stoon's but deponent was not very well and little was done. 
Then Ives served the attachment on Chubb before the time 
for the arbitration had expired. Deponent and his wife 
Sarah testified that Chub chose Mr. Batter as his man but 
Ives objected saying that Mr. Batter was "a very pashonat 
man" and not fit to meddle with the case. Also when Ives 
was carrying Chub to prison, some said "doe not cary him 
to prison, make an end of it." Ives replied "I will make an 
end of him quickly," so, having no money upon him, he put 
him in prison where he suffered much. Sworn, 26 : 9 : 1679, 
before Wm. Hathorne,* assistant. 

Avis Chubb and Susana Hall deposed that the last freight 
that Chubb took was to Marvell Head, and while he was gone 
Ives came to their house and asked for him, saying that he 
would have him bring home the boat, and he would have her 
fitted with a new pump and a new rodef and other things she 
needed. They told him that they thought Chubb was bound 
to the Creek and would not be home until he had been there, 
because he had to fetch a freight of boards for one of his owners. 
Mr. Ives said it was well enough, for it was for Mr. William 
Browne, but he said he did not want Chick to go with him any 
more and if he did he would take the boat from him, unless 
he got another mate. When they told John, he said he would 
not displease his owner, whereupon he turned away his mate 
Thomas Chick. As soon as he came ashore, that the boat 
might not lie unoccupied in the river, his brother Thomas 
went with him to Marvell Head and to IMackrell Cove. Sworn, 
26 : 9 : 1679, before Wm. Hathorne,* assistant. 

Samuell Harriss deposed that he was with Thomas Chub 
at Thomas Ives' house and he and Benjamin Small were 
witnesses to a bond of arbitration. Also he heard Mr. Ives 
say that he accepted Mr. Edmund Batter and Mr. Thomas 
Gardiner as arbitrators, Mr. Batter being chosen by Thomas 
Chubb, sr., and his son John Chubb, and Mr. Gardiner bv 
Mr. Ives. Sworn, 27 : 9 : 1679, before Ed. Batter,* com- 
missioner in Salem. 

William Chub deposed that he went down with his brother 
Thomas to see the boat which his brother John brought in 
and found the cable dealt a considerable distance from the 
vessel's stem, without board, and the end of the cable was 
fastened to the main mast and the boat was a small open boat 
without accommodations for men to lodge. Thomas Chubb 
deposed the same. Sworn, 27 : 9 : 1679, before Ed. Batter,* 
commissioner in Salem. 

Benjamin Small, aged about thirty years, and Joseph 

* Autograph. f A rope attached to a boat anchor. 



310 SALEM QUARTERLY COURT [NoV. 

Nicholas Maning v. Mary Gray, daughter of Robt. Gray, 
deceased. Withdrawn.* 

Capt. Richard More v. Wm. Dodg, jr. and Tho. Tuck, sr. 
Verdict for plaintiff. f 

Kembal, aged about eighteen years, deposed. Sworn in 
court. 

Thomas Woodbury, aged about forty years, deposed that 
the boat lay on the back side of his point several days before 
the storm came, etc. Sworn, 2:8: 1679, before Edm. Batter, J 
commissioner in Salem. 

Geo. Jacobs, jr., deposed that he sold this boat to Thomas 
Ives some time this summer. Sworn in court. 

Tho. Chubb, sr.,t aged about seventy years, deposed. Tho. 
Chubb, jr.,+ also deposed. Sworn, 27 : 9 : 1679, before Ed. 
Batter,! commissioner in Salem. 

*Writ, dated 20 : 9 : 1679, for ten years' maintenance, in 
food, raiment and learning, signed by Hilliard Veren,! for the 
court and the town of Salem, and served by James Powllen,t 
constable of Salem. Bond of John PreistJ of Salem, seaman, 
with John AttwaterJ as witness. 

fWrit: Capt. Richard More v. William Dodge, jr., and 
Thomas Tuck, sr. ; for illegally taking away a bell from plain- 
tiff without his consent, which bell hangs in Beverly meeting 
house; dated 18 : 9 : 1679; signed by Hilliard Veren,t for the 
court and the town of Salem; and served by Henry Skerry, J 
marshal of Salem, by attachment of the house and land of 
Thomas Tuck, and a table and chest of William Dodge, jr. 

Richard More's bill of cost, 21i. 12s. 8d. 

Henery Kenny, aged about fifty-five years, testified that he 
was a soldier under Major Sedgwick about twenty-five years 
ago, at the taking of St. John's from the French and heard Capt. 
Lawthrop ask the General to give him a bell, which the General 
promised to do. Sworn in court. 

Henry Skerry, marshal, deposed that when he served the 
attachment, Thomas Tuck told him that he and some others 
took the bell out of Capt. Richard More's yard. 

Mr. Jeremy Hubbard of Topsfield deposed that he had 
heard divers times Thom. Tuck say that he and Thomas Picton 
took the bell. This was when deponent was minister at Bass 
river, now Beverly. Sworn in court. 

Capt. William Dixcy deposed that soon after the taking 
of the forts, Capt. Lawthrop signified by letter to them that 
he had procured a bell for their meeting-house and had sent 
it home by Capt. More. He, with others, went to Capt. More 
who asked if they had a bill of lading or an order from the 

X Autograph. 



1679] RECORDS AND FILES 311 

General. They not having either, he refused to let them have 
it. Sworn in court. 

Capt. William Dixcy, aged seventy-two years, testified 
that soon after the return of Major Sedgwick from St. John's 
and Port Royall, the latter, with Major Leverett, being in 
company on a journey from the eastward to Boston happened 
to come into deponent's house. They sat down and discoursed 
there a while and among other things Major Leverett asked 
"mee what our towns name was. I answered him that wee 
weer no town as yet: then sayd hee you may do well to lett 
Major Sedgwick haue the hono' of nameing the town when 
it is made a town for he hath giuen Captain Lawthrop a bell 
for your place and this to the best of my Remembrance was 
before wee had any notice giuen us of it any other way." 
Sworn in court. 

Joshua Hobart certified at Boston, Oct. 18, 1679, that he, 
living at Bass river when the French forts were, by Major 
Robert Sedgwick, reduced to English obedience, there was a 
bell at Capt. Richard More's of the spoils, and which in his 
absence was taken away, etc. Wit: Joshua Hobart* and 
Isaac Pepper.* Sworn, Oct. 18, 1679, before Joshua Hobart,* 
commissioner. 

Jeremy Hobart* testified to the same, 25 : 9 : 1679, before 
Edm. Batter,* commissioner in Salem. 

John Dodge, jr., aged about forty years, and Nathaniel Hay- 
ward, aged about thirty-seven years, deposed that being in 
company with Capt. More about two years ago he told them 
that the bell which is at Beverly was for Capt. Lowtrop but, 
said More, "you beuerly men did steal y^ bell in y* you took 
y® bell without order when I was not at home." Sworn in court. 

Nathaniell Sharpe, aged about thirty-five years, deposed 
that he saw some Beverly men take the bell out of More's yard 
and Thomas Tuck and Thomas Pigdon were two of them. 
Joshua Ward affirmed the same. Sworn in court. 

Georg Stanly, aged about forty-four years, testified that 
about the time that Salem new meeting house was built, "I 
being in company with Captain Lawthrop, Cap* More and 
Capt. Joseph Gardner at Capt. Gardners hous I heard Capt. 
Gardner say to Captain Lawthrop I think said he wee must 
haue your Bell for our meeting hous is bigger than yours and 
your bell is bigger than ours I think wee may doe well to change 
bells. Captain Lawthrop Replyed hee knew no need of that 
our bell said hee is very well where it is. the bell was giuen 
to mee for the place where now it is: Captain More answered 
him that allthough the bell weere giuen to you yet said hee 
I dont know but I might haue kept the bell as well as you for 
I brought it home and I neuer gaue a bill of lading for it neither 

* Autograph. 



312 SALEM QUARTERLY COURT [NoV. 

The committee for Salem meeting house, Capt. Geo. Cor- 
win, Mr. Ed. Batter, Mr. John Corwin and Mr. Wm. Browne, 
jr., in behalf of the town of Salem v. John Fisk, sr., carpenter. 
Withdrawn.* 

Mr. John Lee acknowledged judgment to Mr. Joseph Grafton. 

Richard Kimball acknowledged judgment to Mr. Phillip 
Cromwell. 

Joseph Mayo acknowledged judgment to the marshal, 
Henry Skerry. 

Mr. John Gifford v. Mr. Robert Lord, marshal. Verdict 
for defendant. Appealed to the next Court of Assistants. 
Said Gifford bound, with George Booth and James Barnard 
as sureties.! 

was I euer paid for the freight of it. Captain Lawthrop 
answered Captain More that hee might haue kept such and 
such things naming seuerall things as well as the bell for I 
had no more bill of lading to show for them said hee then for 
the Bell: Come Come said Captain Mor let us drink up our 
wine and say no more of it I supose wee shall neuer trouble 
you for none of them." Sworn in court. 

Anthony Needam, aged about forty-eight years, deposed 
that he was a soldier under Major Sedgwick and heard Capt. 
Lawthrop ask for a bell for the new meeting house in the 
plantation where he dwelt. Deponent heard Capt. Lawthrop 
ask again at- Port Roj^al when Major Sedgwick was standing 
in the fort and he gave him the bell in the friar}^, deponent 
and Capt. Lawthrop throwing it down to the ground. Then 
deponent and others took it down to Capt. Moor's ketch to 
ship home. Sworn in court. 

John Floyd testified that he was at the taking of the French 
forts, etc. Sworn in court. 

*Writ, dated 19 : 9 : 1679, for not performing a contract, 
dated Jan. 22, 1673, signed by Hilliard Veren,| for the court 
and the town of Salem, and served by Henry Skerry, | mar- 
shal of Salem, by attachment of house and land of defend- 
ant. 

tWrit, dated Boston, Nov. 15, 1679, signed by Nath. 
Barnes, J for the court and the town of Boston, and served 
by Theophilus Wilson, J constable of Ipswich. 

Marshal Robert Lord's bill of cost, 17s. 

John Giffard's bill of cost. Hi. 10s. 6d. 

John Gif!ord's| account of goods not j^et delivered to him 
by Marshal Lord: 3 swine of tw^o years old, 41i. 10s.; silk, 

t Autograph. 



1679] RECORDS AND FILES 313 

7s.; 8 lether chaires, cost me 10s. each, 41i.; 7 glasses, 3s. 6d.; 
total, 91i. 6d. 

John Wait, aged about thirty years, deposed that he was at 
the appraisment of John Giffard's estate when Marshal Lord 
extended the execution for Thomas Walter and was one of 
the appraisers by an act of the General Court at Boston to 
order Marshal Lord to give said Giffard's estate back to him, 
and saw it done. Sworn, Nov. 25, 1679, before Daniel Deni- 
son.* Affirmed in court by Marshal Lord. 

John Giffard's* bill of cost in the action brought against 
him by Thomas Walter at Ipswich court, 1679. Mr. Alding- 
ton, Mr. Howard, Mr. Medlicot, Mr. Purchass, Jno. Andrews, 
Capt. Beedon and George Booth mentioned. 

At a General Court held at Boston May 28, 1679, in the 
case of John Giffard v. Thomas Walter, attorney of Jno. 
Wright, Esq., it was found that the cause was grounded upon 
the copy of a bond, the original of which remained in England 
uncancelled, and they reversed the judgment of Ipswich 
court. Ordered that Gift'ard's estate be released, etc. Copy 
made by Edw. Rawson,* secretary. 

Copy of papers in this action brought, Apr. 15, 1679, in 
Ipswdch court. 

Copy of execution, dated Apr. 5, 1679, against Mr. John 
Giffard to satisfy judgment granted Thomas Walter and Mr. 
Richard Midlecot, attorney for John Wright, John Williams, 
Katherin Eaton and John Dodsworth, signed by Robert 
Lord,* for the court, and served by Robert Lord,* rnarshal of 
Ipswich. Mv. Giffard chose Capt. Swaine, the marshal 
chose Thomas Newhall and Mr. Walter chose John Waite. 
Copy made by Edward Rawson,* secretary. 

Appraisement of Mr. Giffard's estate, by John Wayte and 
Thomas Newhall: house where the potter lived, 2511.; one 
great chair, 10s.. one Iron pott, 40s.; the old housing about 
the furnace with all the old Iron and lumber, loli.; land as 
in the deed to Rich. Comb, Knt., John Wright, Francis Allen, 
Jno. Godfry, Jno. Williams, John Eaton and Ezekiel Fogg, ISOli. ; 
in the leanto, two matts, two bedsteds, 8s.; in the studdy, a 
cabbinet of boxes & a chaire and cushin & a citterne. Hi. 7s.; 
seven glasses, 3s.; a glass Case, 6d.; table & an old chest, 
14s.; one Andiron & a peete, lOs.; two chaires and a churne, 
4s.; one tramell, 3s.; three smale swine, Hi.; dwelling house 
& orchard, 701i.; also 6 chaires at 6s.; two chaires, 12s.; 
total, 26611. 19s. 6d. Copy made by Robert Lord,* cleric. 

Appraisement of the goods in the house of John Giffard, 
by Clement Coldum and John Wayte, jr., Apr. 18, 
1679: trunke, 6s.; 1 box & drawer, 6s.; 1 pt. of an old cloake, 
5s.; 1 silver dram cup, 2s. 6d.; 2 sheets, 3 napkins, 1 shirt, 

* Autograph. 



314 SALEM QUARTERLY COURT [NoV. 

Ann Neale, relict of John Neale, deceased, was appointed 
administratrix of his estate, and was ordered to bring in an 
inventory to the next court. She was bound, with Jeremiah 
Neale and Andrew Mansfeild as sureties. 

John Whitteer chose Tho. West as his guardian and the 
court allowed it. 

Thomas Watkins and Elizabeth, his wife, were fined for 
fornication. 

John Norman was appointed administrator of his mother's 
estate and was ordered to bring in an inventory to the next 
court. 

John Guppy, for excessive drinking, was fined. 

Robt. Bradford was sworn constable for Beverly. 

William Hascall acknowledged judgment to Mr. Edmond 
Batter. 

John Bread, son of John Bread, chose Tho. Newall and 
John Putnam to be his guardians, and the court allowed it. 

John Chub acknowledged judgment to Ciprian Stevens. 

Thomas Parler and his wife were fined for fornication. 

Thomas Maule, presented for receiving stolen goods, was 
dismissed. 

Roger Rose, for sailing out of a harbor on a Lord's day, at 
Gloster, was fined. 

John Rayment, for uncivil carriage to Hanah Goldsmith, 
was fined. Jacob Pudeater and his wife were allowed costs.* 

all old, 10s.; 9 trenchers. Is.; 5 paire of Gloves, Hi.; 3 old 
cushins, 3s.; 2 flocken beds, 15s.; 1 Rugg, Hi.; 1 blanket, 8s.; 
1 Coate of Armes, 8s.; 1 parcell of woole, black and white, 
2s. 6d.; silke neckcloth, 7s.; 1 box with clasps and rings, 6s.; 
1 old bedstead, 4s.; total, 91i. 8s. 6d. Copy made by Robert 
Lord,t cleric. 

*Warrant, dated 13 : 8 : 1679, for the appearance of John 
Raymond, jr., signed by Hilliard Veren,t cleric, and served 
by John Sampson, f constable of Beverly, deputy for Henry 
Skerry, t marshal of Salem, by attachment of the dwelling 
house of defendant. 

John Abbe, sr., deposed as to what Hannah Gouldsmith 
told him, etc. 

Jacob Pudetur and his wife were paid 6s. for witness fees. 
They deposed that being in their orchard near Jerromy Neel's 
house, they saw John Rayment, jr., and a maid coming from 

t Autograph. 



1679] RECORDS AND FILES 315 

Sarah Needham appearing to answer for suspicion of for- 
nication, her father Walter Fairefeild was bound for her 
appearance at the next Ipswich court. Thomas Farr was to 
prepare the proof in the case.* 

George Wyatt, for suspicion of uncleanness with Rebecka 
Outon, who charged him with being the father of her child, was 
sentenced to pay 3s. or one bushel of corn per week and she 
was to be whipped when the commissioners of Salem call 
her forth or pay a fine. 

The selectmen of Salem securing the town of Beverly from 
the charge of Sarah Lambert, Beverly was not to molest the 
party that had her in keeping. 

Mr. William Browne, sr., Mr. Edmond Batter and Mr. 
Bartholmew Gedney, chosen commissioners of Salem, were 
sworn. 

Mr. Daniell King, Nicholas Maning and Edmond Bridges, 
presented for wearing periwigs, were convicted and ad- 
monished. 

Ann, relict of William Lake, who died intestate, was appointed 
administratrix of his estate and was ordered to bring in an 
inventory to the next Salem court. The house she dwells in, 
with all the land adjoining, was bound as security. 

John Browne, son of John Browne, deceased, chose John 
Browne, his grandfather, as his guardian. 

Jacob Preston being cast away at sea, administration upon 
his estate was granted to John Preston, who was ordered to 
bring in an inventory to the next Salem court. 

Whereas there was a judgment obtained by Samll. Pearce 
against Steven Haskett at the last Ipswich court, said Stephen 

the north ferry, who turned in by said Neal's barn, etc. Sworn 
in court. 

*Warrant, dated Sept. 3, 1679, for the appearance of Sarah 
Needham and PhilHp Parsons, also for Samuell Apleton, jr., 
Thomas Gatchell and Joseph Gatchell as witnesses, signed 
by Hilliard Veren,t for the court, and served by Henry Skerry,t 
marshal of Salem. Bond of Phi. Parson, f with Richard Nor- 
mand,t as surety. 

Bond, dated Nov. 14, 1679, given by Daniell (his mark) 
Kilam, jr., husbandman, of Ipswich, for appearance of Sarah 
Nedham at the next Salem court. 

t Autograph. 



316 SALEM QUARTERLY COURT [NoV. 

being then out of the patten, court ordered that execution 
be respitted until the next Salem court. 

Mr. Richard Croad had his former license renewed and had 
further liberty to draw strongwater. 

Whereas the selectmen of Andever have rated Henry Worm- 
wood for ten country rates which came out in 1676 and it 
appearing by certificate that he was then an inhabitant of 
Linn and there rated, court ordered that the selectmen of 
Andever take advice of the court that it was an error and 
not to levy it but to inform the treasurer of the mistake. 

Joseph Mayo was to pay 30d. per week to Abraham Adams, 
attorney to Hana. Adams, until the court took further order.* 

Samll. Lowell and Sarah Stickney, for committing fornica- 
tion, were fined and ordered to pay the constable, Joseph 
Pike.t 

*0n May 22, 1679, Henry Short complained against 
Joseph Mayo for fornication with his sister Sarah Short and 
gave bond to prosecute at Salem court, but on June 9, 1679, 
he withdrew his complaint because Maj^o had married her. 

fOn June 9, 1679, Sam. Lowle gave bond for appearance 
in the complaint made by Sarah Stickney, with Richard 
Lowle and Richard Dole as sureties, before Jo. Woodbridge,t 
commissioner. 

Warrant, dated Nov. 25, 1679, for the appearance of Samuel 
Lowle of Newberry, signed by Jo. Woodbridge,J commissioner, 
and served by Joseph Pike,f constable of Newbery, who left 
said Samuel in the custody of his father Richard Lowle. 

Joshua Mors, aged twenty-three years, testified that his 
sister Sarah Stickne told him that she had been troubled with 
Samuel Louie's coming to her house at unseasonable times, 
that he would break open her door, etc., and she had cried 
out but could get no help, whereupon deponent offered to 
lodge there and if he came again he would be a witness and 
they could bring it before authority. The last Lord's day 
night he stayed there and at about two or three o'clock, said 
Louie came through two back doors. When his sister cried 
out, deponent went as fast as he could and asking Louie what 
his business was there, he said nothing, and deponent laid 
his hands on him to bring him to authority. He got away 
from him but dei^onent secured one of his shoes. Lowle 
asked deponent to say nothing about it, as they had been 
friends formerly, and he would give him a pint of wine. Sworn, 
Nov. 29, 1679. 

t Autograph. 



1679] RECORDS AND FILES 317 

Willm. Longfellow, aged about twenty-eight years, deposed 
that after the last Salem court Joshua Moss came to his house 
and he asked Moss why he would be Samuell Lowell's "pimpe" 
to wait upon him, etc. Sworn, Maj^ 13, 1679, before Jo. 
Woodbridge,* commissioner. 

Ann Webster, aged about forty years, testified that the 
widow Stickney sent for her to come to her house and she 
told her of her condition, and of what happened when Tho. 
Stevens came with Samuell Lowle. The latter had promised 
to marry her, etc. Sworn, May 13, 1679, before Jo. Wood- 
bridge,* commissioner. 

Sarah Halle, aged about forty-three years, testified that 
about the time the ship went away and the rumor was about 
Lowle and the widow Stickney, she met the latter at John 
Mighill's, etc. Sworn, May 13, 1679, before Jo. Woodbridge,* 
commissioner. 

Joseph Pike, constable of Newbery, deposed that the widow 
Stickney's father would not consent to her marrying Lowle, 
etc. Sworn, Nov. 24, 1679, before Jo. Woodbridge,* com- 
missioner. 

Nathanell Clarke testified that he saw Lowle and Sarah 
Stickney standing together, merry in discourse, and she in- 
vited Lowle to her house that night. This was on a public day 
and deponent wondered at their familiarity. Sworn, May 8, 
1679, before Jo. Woodbridge,* commissioner. 

Sarah Stickney, aged about thirty-five years, testified that 
the first time that Sam. Lowell came to her house he brought 
Tho. Stevens and a pint of liquor and his errand w^as that she 
should send for James Smith's servant maid to be wdth them 
which he refused to do. They drank their liquors until Stevens 
fell asleep. She tried to get rid of them, but they would not 
go and being ill she left them and went to bed. Her four 
children were in bed with her. When Lowle left, he could 
hardly awaken Stevens, who was asleep in the chimney corner. 
Another night when he came, someone from Rowleigh was in 
the house with her, etc. 

Examination of Samuel Lowle, taken May 13, 1679: that 
Sarah had invited him often and asked him to bring others, 
and left the back door open that he might come in; that 
she offered to give him part of a goose to eat and promised 
him two geese to carry to sea with him, and told him not 
to fail her as he had other times when she invited him; he 
denied that he was ever at her house more than three times 
in his life; one time when he knocked at the door and asked 
for the goose, she told him that her brother Joseph and his 
wife were there and they had eaten it and had promised 
the other geese to another; she invited him to sit down by 

* Autograph. 



318 SALEM QUARTERLY COURT [NoV. 

Remember, the daughter of Benjamin Felton, was com- 
plained of for fornication, Phillip Veren being charged with 
being the father of the child. He had made his escape 
and she had lately returned to Salem with her child. The 
selectmen, fearing they would be a burden to the town, 
requested the court to take the matter into consideration 
which they did and agreed to proceed further at the next 
court. 

John Tapley had his license renewed for the ensuing year 
w^hich he first obtained at court, 9 mo. 1678. 

Capt. Tho. Marshall,* Mr. Riddan, Ellenor HoUingworth, 

the fire and she w^ould get him some cider, which he did, pulling 
off his shoes as he was wet with the snow; then Joshua Morse 
came out and Lowle was forced to go home without one shoe, 
etc. 

Tho. Stevens, aged about twenty-eight years, deposed that 
he took a pint of liquors to the house, and Sarah asked Lowle 
to write a publishment of the intentions, and was more earnest 
than he was about it. Lowle did so to satisfy her, but it 
was not a legal publishment, and gave it to deponent to set 
up. He and Lowle went away and parted at about Dan. 
Lunt's house. 

Samuel Storer, aged about twenty-four years, deposed that 
the night that Steevens came from the widow Sticknej^'s 
house, he came on board sometime before midnight and lodged 
with him, and was not drunk. Sworn, May 1, 1679, before 
Jo. Woodbridge,t commissioner. 

John Mighill, aged about forty-four years, deposed that the 
widow Stickney being at his house just after her husband 
had died, and Sam. Lowle and some other seamen being 
there also, he saw her very jocund and merry, sitting in their 
laps, etc., Avhich actions deponent thought was just cause 
for complaint to authority, so he complained to Nath. Brickett. 
He also thought that her brother Joshua did wrong in bringing 
her thither and leaving her alone to carry herself so lightly 
so soon after her husband's death. Sworn, May 6, 1679, 
before Jo. Woodbridge,t commissioner. 

James Mireck, aged about twenty-seven years, testified 
that Sarah denied all the rumors to him, and said that she 
W'ould not have complained of Lowle, had it not been for her 
brother. Sworn, May 2, 1679, before Jo. Woodbridge,t 
commissioner. 

*Approbation, dated 11:9: 1679, of the selectmen of 
Lyn, Thomas Laughton,t Rich. Walker, f John Fuller,! Ralph 

t Autograph. 



1679] RECORDS AND FILES 319 

Mrs. Hathorne of Linn,* Mr. Daniell King and Mr. John 
Gedney had their former licenses renewed for keeping ordinary. 

Richard Knott, John Legg, Mr. Ed. Batter, Capt. Geo. 
Corwin, Capt. Price, Mr. Wm. Browne, sr., Mr. John Hathorne, 
Mr. Bartholmew Gedney, Mr. John Ruck, Ambross Gale 
and Mr. John Turner had their former licenses renewed for 
retailing strong waters. 

Sergt. John Clifford had license granted him to keep a 
victualing house in the time of weighing fish. 

Edmund Batter and Wm. Bouditch, appointed by the 
court to inquire into the debts of William HoUingworth, 
deceased, and apportion the amounts as far as the estate 
would go, reported on Nov. 25, 1679, as follows: to Mr. Hay- 
man of Charles Towne, 231i.; to Mr. Edward Grove, 51i. 
lis.; to Mr. Edward Norrice, Hi. 10s.; total, BOli. Is.f 

Tho. Oliver dying intestate, Bridget, the relict, was ap- 
pointed administratrix, and an inventoryf of the estate pre- 
sented was allowed. It show^ed that the estate was much 
in debt here and in England. Court ordered that the widow 
have the estate, she paying the debts, and to the two sons 
of her husband and her daughter Christian 20s. each. She 
was given liberty with the advice of the selectmen of Salem 
to sell the ten acre lot for present supplies or any other part 
as need should arise. 

King,§ William Bassett§ and Mathew Farington,§ for granting 
license to Capt. Marshall. 

*Approbation, dated 11:9: 1679, of the selectmen of Lyn, 
Rich. Walker,§ Thomas Marshall,! John Fuller,§ Ralph 
King,§ Mathew Farington,§ William Bassett§ and John 
Burrall,§ for granting license to widow Hawthorn. 

fOriginal paper, signed by Edmund Batter§ and Wm. 
Bowditch.§ 

tinventory of the estate of Thomas Oliver, taken 21 : 4 m : 
1679, by Edm. Batter§ and Hilliard Veren, sr.:§ house & 
ground adjoyning of about 1-2 an acre, 451i.; about 10 acres 
of land in the north feild, 251i.; a smale old bed, bedsteed, 
flock bolster & pillowes with all appurtenances, 21i. 10s.; 
his wearing apparrell. Hi. 5s., a litle table & 3 old chests, 
15s.; 2 Iron pots & old iron Ketle, a hanger & tonges, 10s.; 
a brass scillett & som few earth dishes, 5s.; 3 or 4 old chaires, 
3s., 2 piggs, 10s., 13s.; 2 pailes & old tubs & som od lumber, 

§ Autograph 



320 SALEM QUARTERLY COURT [NoV. 

Elizabeth, i-elict of Allester Makmallen, who deceased 
before his will was perfected, it being recorded what his mind 
and will was, agreed to the writing and it was allowed, together 
with the inventory.* 

The inventoryt of James Standish, deceased, was presented 
to court by Sarah, the relict, and it was allowed. 

Anthony Dike dying intestate, Margery his wife brought in 
an inventoryl of his estate and was appointed administratrix. 
The house and land were bound for security. 

5s.; an old rusty sword & old bandeleers, 5s.; total, 761i. 8s. 
The estate is Dr. in England as he said in his sicknes about 
301i.; to severall other men heare as he said above, 15s.; 
due to the Towne when sick & at his buriall, 2H. 19s. 6d.; 
due to Dr. Swinerton about 21i. 3s.; several other debts owing 
not yet knowne. 

*Inventory of the estate of Alester Mackmallen, deceased 
20 : 4m : 1679, taken by Richard (his mark) Adams and Hilliard 
Verin, sr. :§ the house & ground, 401i.; an old smale feather 
bead, steed & furniture, 31i.; his wearing apparrell, Ih.; an 
old brass mettle pot & ketle, Hi. ; a side cubord & old warmin 
pan. Hi.; hanger & pothookes & gridirons, 10s.; in pewter 
& lanthorne, 10s.; earthware & botle glasses, 2s.; an old 
chaire or two, an old chest, 3 old axes, 2 old spades & som 
other lumber, 10s.; an old bedstead & a litle old flock bed, 
10s.; total, 481i. 2s. The estate is Dr. to Mr. Wm. Browne, 

sr., ; to Mr. Cromv>^ell, 21i. 10s. 9 3-4d.; Mr. Wells, ; 

John Cromwell, IH. 7s. 8d.; Mr. Browne & Willowby, Hi. 4s. 

flnventory of James Standish, taken by Joshua Ilea§ and 
Joseph Huchinson:§ bead and beding, 41i. lis.; five yard 
carsey, Hi.; 1 chest, 5s.; old lumber, 6s.; putter, 13s.; poott, 
6s. 6d.; brasse, 8s. 6d.; tonges, smoothing iron, skillett, 6s.; 
land at Manchester in the fourth hundred acres, 71i. 2s.; 
19 acres in Manchester, 81i.; total, 221i. 18s. Debts due to 
Capt. Corwin, 4H. 13s. lid.; Philip Cromull, 2h. 10s. 8d.; 
Thomas Eives, 21i. 12s. 9d.; John Maston, jr., 17s. Ud. 

^Inventory of the estate of Anthony Dike taken by Samuell 
Wackfield,§ Nathanil Pickman, jr.,§ and Nathaniell Pickman, 
sr. :§ on howse and ground belongin to the hows, 501i.; nine 
poyter platers and six plates and six peses of other poyter, 
21i. 8s.; olde poyter, 6s.; on silver cup and on silver spone, 
12s.; erthen platters and glases, 3s.; on bras pestell & morter 
and to lattin pans, 7s.; Iron pots and on friin pann, 12s.; 
on Iron kittell, on pair of Andirens, on spitt, on gridiron, on 
hake. Hi.; Iron Rake and on flesh forke, 15s.; bras kettell 

§ Autograph. 



1679] RECORDS AND FILES 321 

The will* and inventory of Mr. Roger Conant were proved 
and allowed. 

and on warmin pann, Hi. 15s.; tongs and fierpann, 2s.; on 
fether beed and bedsted and furniture to the beed, 81i.; to 
small flok beds & furnitur to them, 31i.; on peas of curtin 
stuf and freng for the curtins, 21i.; to yards of sarg and on 
half yarde, 10s.; fife yards of hollon, Hi.; on paire of briches, 
to sherts, thre paire of stokins, 17s.; on lookin glas, 10s.; 
thre tables, Hi., to chests and on box, los.. Hi. 15s.; thre 
w^hells, 15s., thre erthen platters, 2s. 6d., 17s. 6d.; on Rapier, 
4s. and thre pounds of wollen yarnn, 9s. ; six pound of Gotten 
and sheps woU, 3s.; on bushell of whitt salt, 3s.; on small 
trunk and on small box, 8s.; six olde chayers, 3s., to dusen of 
olde trenchers, Is., 4s.; to olde payels. Is., on Cow, 21i. 5s., 
21i. 6s.; on small swin, 6s.; total, SOli. 8s. 6d. The estat 
indetted to severall men, 201i. lOs. 9 l-2d. 

*Will of Roger (his mark) Conant,t aged about eighty 
five years, dated the first day of the first month 1677: "I 
giue unto my Sonne Exercise one hundred & fortie acres of 
Land lyeing neere adjo3'ning unto the new towne of Dunstable 
as part of two hundred acres granted me by the Generall 
Court also I giue & bequeath unto him ten acres of Land 
next adjoyning unto his present homelot and land Lying by 
the side of william Dodgeses his land & butts on 3 the land 
of Thomas Herrick: also I giue him two acres of marsh at the 
south End of the great pond by whenham or if my daughter 
Elizabeth Conant will Exchang to haue so much at the great 
marsh neere wenham: also I giue him" my swamp at the head 
of the railes which is undevided betwixt me and Benjamin 
Balch adjoyning unto william Dodgeses' swamp: also I giue 
him my portion of land Lying bj' Henry Haggats on wenham 
side: now out of this forementioned Land he is to paye seaven 
pound toward the discharge of such Legassis as I haue giuen 
& bequeathed according as is heere after set down More 
I giue unto my grandchild John Conant sonne of Roger Conant 
ten acres of Land adjoyning to his twenty acres by the great 
ponds side he paying twenty pounds for the same towards the 
payment of legassis as after mentioned more I giue unto my 
grandchild Joshua Conant seaventeen acres of Land Lying 
by the south side of the great marsh neer wenham and bound- 
ing unto the land of Peter w^oodbery: and the rest to returne 
to my Executor 

"also I giue unto my daughter Sarah two acres of Land 
lying between the head of the railes & Isack Hull his ground 
as part of six acres twixt me and Benjamine Balch this to 
her and !| her || children also sixtie acres of Land out of my 

t Seal. 



322 SALEM QUARTERLY COURT [NoV. 

farm granted me by the generall Court neere the new town 
of Dunstable I giue and bequeath unto the hands of Captain 
Roger Clap of the castle neer Dorchester for the use of a 
daughter of one M^''^ Pits deseased whose daughter now 
Liueth in Culliton a town in Devon in old England & is in 
lue for certaine goods sold for the said M^^^ Pits in London 
and w^as there to be paid many yeares since but it is alleged 
was neuer paid and the foresaid Captaine Clap to giue a 
discharge as there atturny according as he is impowered and 
intrusted in theire behalfe further more as legassis I doe giue 
unto my sonne Lot his ten children tw^enty pounds to be 
equally devided to my daughter sarahs children to John fiue 
pound to the foure daughters fiue pound between them To 
my daughter Mary Dodge her self fiue pound and fiue pound 
to her fiue children equally devided To Exercise his children 
foure pound betwaxt them To adonirum Veren three pound 
and to his sister Hannah twenty shillings and her two children 
each ten shillings To my Cosen Mary Veren wife to Hellier 
Veren three pound as also three pound unto the daughters of 
my Cosen Jane Mason deceased to be devided amongst them 
including Loue Steeuens her childeren a share my \yearing 
apparrill I giue and houshold impelments not otherwise dis- 
posed of and my gray horse and cattle to my sonne Exercise 
one sheep I giue to Rebacka Connant my grandchild and 
one sheep to Mary Leech. 

"And whereas there remains in my hands a certaine por- 
tion of cattle belonging unto on m"- Dudeny in England and 
by him assigned unto his nephew Richard Conant valued at 
tw^enty fiue pounds and now left in the hands of my sonne 
Exercise Conant that there be a rendering up of such cattle 
or theire valuation mentioned unto the said Richard Conant 
upon seasonable demaund he glueing a full discharge for the 
same And further my will is that my sonne Exercise be my 
Executor to this my will and Testament and for further help 
in seeing these things performed I desire my sonne William 
Dodge and my grandchild John Conant senior to be over- 
seears of the same In witness whereof I haue heerunto sett 
my hand the day and yeare aboue written." Wit: John 
Bennet* and Beniamin Balch.* 

Inventory of the estate of Roger Conant, taken Nov. 24, 
1679, by John Rayment* and William Rayment:* 200 Acors 
of land, 601i.; Liing at Dunstabl not improved mor land 
sould to Ehzabeth Conant & not payd for, 401i.; mor land 
10 acors, 201i.; land 10 Acors, 201i.; land 23 Acors, 59h.; 2 
Acors of medow^ lOli.; 2 Acors of land, 51i.; swampy land. 
Hi.; more land, Hi.; 2 cows and a hors, lOli.; more cattell, 
151i. ; 4 sheep, Hi. 10s. ; a bed & f urnytur, 51i. ; wareing closse 

* Autograph. 



1679] RECORDS AND FILES 323 

Isaac Goodell dying intestate, Patience, his relict, and 
John Pease, sr., were appointed administrators, and an inven- 
tory* was allowed. 

Clement Coldum, aged about fifty-six years, testified that 
about twenty-five years ago he was at St. John's under the 
command of Major Sudgewick and heard Capt. Lothrop beg 
a bell of said Major, who answered that he had disposed of 
that bell already, but if ever they took another bell he should 
have it. Afterwards they took Port Royall and there hung a 
bell in the new friary. Deponent being with Capt. Lathrop 
in Port Royall court yard heard him again renew his request 
to the Major for that bell. Upon that Major Sedgwick gave 
the bell to Capt. Lathrop for Basse river meeting house and 
bade them take the bell down. The bell being taken down, 
Capt. Lothrop with deponent and some others put it aboard 
Capt. More with an order to deliver it to Bass river men, 
which said More agreed to do. Capt. Lothrop sent home a 
letter to his wife by said More in which he ordered Bass river 

and linin, 91i.; a Chest, trunck and box, Hi.; other things, 
Hi.; total, 25811. 10s. 

*Inventory of the estate of Isacke Goodale, taken Oct. 23, 
1679, by Nathaniel Feltonf and Job Swinertonif his dwellinge 
house and orchard and the land thereunto belonginge, IBOli.; 
five acres and a halfe of fresh meadow, llli.; 4 Cowes, 121i.; 

2 yearelings and vantage, 31i.; 1 horse, 10s.; 6 swine 1 yeare 
old & 6 piggs, 71i. 10s.; 60 busheles Indian Corne, 71i. 10s.; 2 
busheles of Rye, 8s.; 1 musket, 1 Rapier, powder and bullets. 
Hi. 10s.; on bed and bolster, 2 payre of sheets, an old Rug 
& blanket, some wollen and linnen yarne, 51i.; 2 Iron pots, 
a warminge pan, a fryinge pan, & a payre of pot hooks. Hi. 
15s.; 2 Chests, Hi.; his wearinge Apparel, 51i.; 3 old axes, 

3 wedges, a Reape hook, 2 sythes, 2 augers, 2 Chissels, a gouge 
and drawinge knife, a hand saw. Hi.; a payre of Gardes & 
smoothinge Iron and a hammer, 4s. ; two trayes and a Churne, 
2 payles, two selves, a linnen and wollen wheele, some woodden 
platters, tubs and old Lumber, 21i.; 4 load of hay & other 
fodder, 31i.; total, 19211. 7s. Isack Goodale Dr. to Jo Swiner- 
ton, Hi. 6s. 4d.; Jon. Cromwell, Hi. 13s. 1 l-2d.; Nich. Durrall, 

Hi. 12s.; Jon. Pease, sr., 8s.; Jon Pease, jr., 5s.; Golthrite, 

3s. 6d.; Capt. George Corwin, 10s. 6d.; Joseph Huch. Hi. 5s.; 
John Pease, sr., Hi.; Zack Godle, 4s. 6d.; Wilem benat, 6s.; 
total, 81i. 13s. lid. 

t Autograph. 



324 SALEM QUARTERLY COURT [NoV. 

men to fetch the bell from Capt. More, which bell deponent 
had seen and heard in Bass river meeting house. Sworn, 
17 : 10 : 1679, before Tho. Danforth, Dept. Govern, and 
J. Dudly, assistant. 

Mr. George Emorye deposed that being at the running of 
the line about three years since between John Devorixes 
farm and Marblehead common and also between the farm 
once Mr. Humphreyes, Jeffery Massey and many others 
being present, they began at a white oak near the sluice in 
John Devorixes meadow and thence to a tall pine in his corn 
field near the fence, thence to a marked pine in the plain not 
far from the new bridge, thence to a great stone set up by them 
at the head of the ten acre lot, thence to a white oak on the 
edge of the rocks, called Mr. Ruckes tree, thence on a straight 
line to a tree marked by consent at the stony beach called 
Webb's folly. Wm. Hathorne testified to the same. Sworn, 
7:2: 1668, before William Hathorne,* assistant. 



Abraham Redington's bill of cost. 

Warrant, dated Apr. 9, 1677, for appearance of Mary Run- 
let, wife of Charles Runlet, for fornication, signed by Tho. 
Bradbury,! for the court, and served by Kinsley Hall,t con- 
stable of Exeter, who returned that she was not in a condition 
to go to court. 

Writ: Capt. John Corwin, Capt. John Price, Mr. John 
Hathorne, Capt. WilUam Browne and the rest of the select- 
men of Salem v. John Clifford; for not paying 71H. rates as 
constable; dated 14 : 9 : 1679; signed by Hilliard Veren,t 
for the court and the town of Salem; and served by Henry 
Skerry, t marshal of Salem. Bond of John (his mark) Clifford, 
with Jacob Allinf as surety. 

Thomas Laughton.f Rich. Walkert and Thomas Marshall,! 
commissioners of Lyn, notified the clerk of the Salem court 
on 11 : 9 : 1679, that the case between Robert Rand, jr., and 
Daniell Johnson, both of Lyn, was settled by arbitration, 
yet said Rand smiting said Johnson, they advised Rand to 
pav 3s. 4d. to the country. 

Execution, dated, 8 : 10 : 1679, against Arthur Kibben, to 
satisfy judgment granted John Cromwell at Salem court, 
25 : 9 : 1679, signed by Hilliard Veren,t cleric, and served by 
Henry Skerry,t marshal of Salem, by attachment of orchard 
of Cromwell's. . ^, , , . 

Execution, dated 29 : 9 : 1679, agamst John Chubb, to 

t Autograph. 



1679] RECORDS AND FILES 325 

satisfy judgment granted Ciprian Steevens, 25 : 9 : 1679, 
at Salem court, signed by Hilliard Veren,* cleric, and served 
by John Lee,* deputy for Henry Skerry,* marshal of Salem, 
who for want of estate delivered said Chubb to said Steevens, 
as his servant, according to the award of Capt. John Floyd 
and Benjamin Mussie. 

Execution, dated 8 : 10 : 1679, against Hanna Browne, 
relict and administratrix of John Browne, deceased, now wife 
of John Rodgers, to satisfy judgment granted to Hanna, 
relict and administratrix of the estate of James Browne, 
deceased, 25 : 9 : 1679, at Salem court, signed by Hilliard 
Veren,* cleric, and served by Henry Skerry,* marshal of 
Salem, by attachment of land appraised by Mr. Stephen 
Hasket and John Williams on the front next the lane leading 
to the ferry, adjoining land of Hanna, widow of James Browne, 
to low water mark, etc. 

Execution, dated Jan. 7, 1679, against John Lee, to satisfy 
judgment granted Mr. Joseph Grafton, Nov. 25, 1679, at 
Salem court, signed by Hilliard Veren,* for the court, and 
served by Henry Skerry,* marshal of Salem. 

Execution, dated June 30, 1679, against William Hilton, 
levied on 10,650 feet of pine boards to be delivered at Lamprill 
river, to satisfy judgment granted Hugh March, June 24, 1679, 
signed by Hilliard Veren,* cleric, and served by James Smith,* 
deputy for Henry Skerry,* marshal of Salem, who delivered 
Hilton to the prison at Ipswich. On Nov. 5, 1679, judgment 
was satisfied and Theophilus Wilson,* keeper of the prison, 
released him. 

Execution, dated July 23, 1679, against Mathew Nixon, 
to satisfy judgment granted John Cromwell, 24 : 4 : 1679, 
at Salem court, signed by Hilliard Veren,* cleric, and served 
by Henry Skerry,* marshal of Ipswich, bj" attachment of 
orchard, possession being given by turf and twig to Thomas 
Rix for the use of said Cromwell. 

Execution, dated June 30, 1679, against Joseph Pickworth, 
to satisfy judgment granted Mr. Samuell Morgan, June 24, 
1679, at Salem court, signed by Hilliard Veren,* for the court 
and clerk of the town of Salem, and served by Henry Skerry,* 
marshal of Salem. Samuell ISIerret agreed to see to Pick- 
worth's share of fish and the execution was to be paid in fish 
or mackerel taken on each voyage that Pickworth went with 
Merret until the whole amount was paid. 

Execution, dated 9 : 12 : 1679, against Robert Knights, 
to satisfy judgment granted Onesiphorus Allen and Samuell 
Leach, 24 : 9 : 1679, at Salem court, signed by Hilliard Veren,* 
cleric, and served by Henry Skerry,* marshal of Salem. 

Execution, dated July 15, 1679, against Robert Knights, 

* Autograph. 



326 SALEM QUARTERLY COURT [NoV. 

to satisfy judgment granted Thomas West, John Sibly and 
John Elletrap, attorneys for the town of Manchester, 24 : 4 : 
1679, signed by Hilliard Veren,* cleric, and served by Henry 
Skerry,* marshal of Salem, by attachment of Knights' house, 
the latter giving him an order on Robert Leach, etc. 

From the Salem Commissioners' court files: 

Warrant for the appearance of Joseph, the mulatto, belonging to Daniell 
Rumball, signed by Edm. Batter,* commissioner in Salem. 

Warrant, dated 6:8: 1679, for the appearance of Jno. Glover, for sus- 
picion of stealing, signed by Edm. Batter,* commissioner in Salem, and 
served by Nehemiah Willoughby,* constable of Salem, who said that Glover's 
wife told him that he was not at home but had gone to Farmer Porter's. 

James Brown's bill of cost against Thomas Malle, 15s. 8d. 

Warrant, dated 6:7: 1679, for the appearance of William Foore, for 
striking, swearing and other unruly carriage on board ship, signed by Edm. 
Batter,* commissioner in Salem. 

Edmond Fickard, aged about sixty years, master of the Hopewell of Nor- 
tham, Abraham King, aged about twenty-eight years, mate, John Atway, 
aged about thirty-three years, boatswain, of Capt. Hillman, and Thomas 
Allen, aged about twenty-five years, boatswain, of Capt. Richard Marten 
deposed that WilUam Foor made great distiu-bance, threatening their lives. 
Sworn, 4:7: 1679, before Edm. Batter,* commissioner in Salem. 

Writ: Hugh Wilcock v. Mr. Joshua Ward, master of the pink John & 
EHzabeth of Salem; debt, for six months' wages due him for saiHng in the 
said pink to Bilboe the past year; dated 26 : 9 : 1679; signed by HiUiard 
Veren,* for the court and town of Salem; and served by Henry Skerry,* 
marshal. 

Hugh Willcot's account, lOh. 3s. 

Joshua Ward, commander of the ship John and EUzebeth, was forced to 
allow 42 pieces of eight for damage in Bilboa, amounting to Sli. 8s.; the 
ship was to pay one-third, 21i. 16s.; the master, mate and five of his com- 
pany paid 16s. each toward the damage, 51i. 19s. 

Hugh Wilcok's bill of cost, 13s. 6d. 

Michell Chapleman and Peter Baldin testified that the damage to the 
fish on their last voyage to Bilboa was from the leaky decks of the pink, for 
the fish next to the bottom of the vessel was sound and good and accepted 
by the merchant without fault-finding. Sworn, 2 : 10 : 1679. 

Jno. Rucke, aged about twenty- two years, deposed that in the voyage to 
Bilboa in 1678, they lost the greatest part of a bottle of beer by its getting 
loose in the night. Sworn, 2 : 10 : 1679. 

Hugh Willcote shipped Nov. 1, 1678, and began to draw pay Nov. 4 at 
32s. per month and was in their employ six months, ten days. 

Warrant, dated 1 : 15 : 1679, for the appearance of Allen Charde, for being 
with the wife of Ai'thur Gray on a Sabbath day in time of public ordinance, 
also to Joseph Phippeny, sr., as a witness, signed by Edm. Batter,* com- 
missioner in Salem, and served by Peter Cheevers,* constable of Salem, who 
also warned Henery Scerey as a witness. 

Joseph Phiphen and Hen. Skerry, tythingmen, deposed concerning what 
Gray said when they found him at Gray's house. Sworn, 2 : 10 : 1679. 

Warrant, dated 7:8: 1679, for the appearance of John \^''ilkinson, for 
entertaining other men's servants without their knowledge, signed by Ed. 
Batter,* commissioner in Salem. 

Edmund Henfield, aged about twenty-three years, deposed that he was 
in John Wilkison's shop "to be trimed and he put the Cloth about my Neck 
to trim me: and he did eoe fumbell about me in his going about to trim me 
Contrary to a barbers use: that I said John I beleiue that you are drunk: 

* Autograph. 



1679] RECORDS AND FILES 327 

Where upon hee snacht the Cloth from my neck & bid me goe out to doors 
and said that I was an Inconsiderable fellow : Where uppon he goes to James 
Pohng & asked whether he were drunk or noe, he answerd he did not Look 
well: he answerd me againe that one of his eys was sore: James Polling 
answerd they ware both ahke: then I Came up to James Pollings shop and 
herd sume discourse about it: whereuppon he thrust mee with his fist against 
the brest and said that I was an Inconsiderable fellow: then James PolUng 
Cald me Into his shop and forbid me to strike him againe: now sth Jams 
Polling I see that thee art fudled." Swwn, 2 : 10 : 1679, before Ed. Batter,* 
commissioner in Salem. 

George Darlin testified that he went to Wilkenson's shop to be trimmed 
about five or six weeks ago, and sitting in the chair he shaved him one shave 
and then stopped, saying he would not finish unless he gave him Is. Upon 
that deponent told him he should never shave him, and so he would have 
had to go away in that condition to another barber unless he had given him 
12d. Sworn, 2 : 10 : 1679. 

Warrant, for the appearance of Mr. Jno. Keene of Boston upon com.plaint 
of Thomas Wright, for striking and abusing him, and also for raising a tumult 
at the door of the meeting house, to the gi-eat disturbance of the church, 
signed by Bartho. Gedney,* commissioner, and served by Peter Cheevers,* 
constable of Salem. 

Summons, dated Salem, 5:8: 1679, for Steven Sewell and Tho. Cooper, 
as witnesses, signed by Bartho. Gedney,* commissioner. 

Writ: Thomas Wright v. John Keene; battery, striking him with his 
staff in the street; dated 5 :9 : 1679; signed by Hilliard Veren,* for the 
court and for the town of Salem, and served by Peter Cheever,* constable 
of Salem. Bond of John Keeny,* with Daniell King,* as surety. 

John Keene's bill of cost, 8s. 6d. Dr. Lewis mentioned. 

Court gave judgment for plaintifT. Keene appealed, with Thomas Nor- 
man and Peeter Chocke as sureties. 

Thomas Wright's bill of cost, 9s. 8d. 

Jno. Keene was fined on Nov. 5, 1679, for disturbing the church. 

Thomas Cooper, aged about twenty-five years, and Steeven Seawell, aged 
about twenty-two years, deposed that they saw a stranger puU down a cer- 
tain writing which was nailed upon the meeting house, whereupon Mr. John 
Keene came and took Thomas Wright by the collar, striking him a violent 
blow with his cane, etc. Sworn, Nov. 5, 1679, before Bartholmew Gedney,* 
commissioner. 

John Helman, aged about twenty years, deposed that he saw Luke Roberts, 
Capt. Helman's carpenter, tear down a writing which was nailed up by Mr. 
John Keene of Boston, etc. Sworn, 5:9: 1679, before Bartholmew Ged- 
nej%* commissioner. 

Walter Lewis, chirurgion of Boston, certified, Oct. 30, 1679, that it having 
been reported that he had declared that Hanah, wife of John Keene of Bos- 
ton, innkeeper, had had the French pox, whereby the whole family had 
suffered greatly by such slander, he was ashamed and sorry for what he had 
said without any reason, etc. Wit: Ehsha Cook and Isa. Addington. Sworn 
before Joseph Dudley and Richard Wharton. Copy made by HiUiard 
Veren,* cleric. 

Summons, dated 24 : 11 : 1679-80, to Samll. Eborn, Samll. Eborn, jr., 
his son, and Thomas Tilye, as witnesses in an action brought by William 
Adams against Thorn. Gierke concerning swine, signed by Ed. Batter,* 
commissioner in Salem. 

Thomas Tille, aged about fifty years, deposed that the hog at Joseph's, 
who married Goodman RumbaU's "negar," was Wilham Adames hog, and 
the hog and sow at Thomas Clerk's were Adames, also. Sworn, 26 : 11 : 
1679. 

Tho. Bell and Elizabeth Richards testified that some time last June Clarke 
carried into the woods a sow and four pigs about two months old, marked 

* Autograph. 



328 SALEM QUARTERLY COURT [NoV. 

with a slit in the ear and part of their tails cut off. The pigs were all carried 
out in a bag. Sworn, 26 : 11 : 1679. 
Samuell Ebern, aged about forty years, deposed. Sworn, 26 : 11 : 1679. 
Wm. Adams' biU of cost, 14e. 4d. 

Peter Cheevers, aged about thirty-seven years, deposed that he saw pigs 
marked at Clark's houf?e, and the latter' s wife told him they were marked 
the last Thursday. Sworn, 26 : 11 : 1679. 

WilUam Traske* and Thomas (his mark) Tilly, on Jan. 26, 1679, appraised 
the hog that Clarke killed, belonging to Adams, at 120 pounds in weight. 
Sworn, 26 : 11 : 1679. 

Ephraim Kempton, aged about thirty years, deposed that he saw Clarke 
come along with a cart, with a lusty black spotted swine in it. Deponent 
felt of the ears and could find no mark. Sworn, 26 : 11 : 1679. 

At a Salem commissioners' court held Jan. 30, 1679, Major Wm. Hathorne, 
Mr. Edmond Batter and Mr. Bartholmew Gedney, being present, complaint 
was made of one Simond Foster and his wife for being at William King's 
house, disturbing the family and using very threatening and raiUng words 
of fire, sword and divisions. They found them to be wandering vagabond 
persons, and the man was ordered to be whipped out of the town at a cart's 
tail ten stripes, and the woman to ride in the cart, but not to be whipped 
here on account of her present illness, which is at least pretended, and so 
as the law directs to be convej-ed from constable to constable to Boston, 
and there the man to suffer ten stripes. The woman, if able, was also 
to be whipped and they were to be then convej^ed to Dedham, where they 
were to suffer a like punishment and so convej'ed out of the Colon3\ Orders 
to James Poland, constable of Salem, and to the constables of Liune, Boston, 
Roxburee, Dedham, etc., to see it done. 

Katharan King testified that they came to her house when her husband 
was not at home, etc. Sara Stone and Goody Blevin also testified, all the 
testimony being recorded in shorthand. 

Execution, dated 13: 11 : 1679, against Joseph Gatchell, to satisfy judg- 
ment gi'anted Jeremiah Gatchell, 6 : 11 : 1679, at the Salem commissioners' 
coiu-t, signed by Hilhard Veren,* cleric, and served by Henry Skerry,* mar- 
shal of Salem, who dehvered him, for want of estate, to said Jerimy Gatchell 
as his servant. 

Writ: Benjamin Mazure v. Joshua Ward, master of the pink John and 
Ehzabeth; debt, for part of his seven months' wages, sailing with him to 
Bilboe the past winter; dated 26 : 11 : 1679; signed by Hilhard Veren,* for the 
court and the towTi of Salem, and served by James PowUen,* constable, by 
attachment of the house of defendant. 
Benjamin Masure's bill of cost, 8s. 7d. 

Summons, dated 2 : 12 : 1679-80, for appearance of Mr. Peeter Balden 
as a witness, signed by Hilliard Veren,* for the coiu-t and town of Salem. 

Peeter Ballden* testified that Benjamin Magey was seven months and 
six days upon the voyage at 32s. per month. Sworn, 3 : 12 : 1679. 

Letter of attorney, given by Ben (his mark) Mesuery of Salem to his wife 
Margaret to receive 3h. 9s. due him from Joshua Ward for his voyage in 
Mr. Ruk's pink. Wit: Joseph Gatchell and Judath (her mark) Gatchell. 

Writ: Peeter Miller v. Nathaniell Evens of Maulden; debt, for 3U. which 
he promised to pay for his sister Bethiah Gatchell's passage from Barbadus 
to New England; "dated Jan. 19, 1679; signed by Hilliard Veren,* for the 
court; and served by John Williams,* deputy for Henry Skerry,* marshal 
of Salem. Bond of Samuel Donton* and Nathanell Evans.* 

Jeremiah Gatchell and Joseph Gatchell testified that about a year ago 
Evens and deponents were in one of Mr. Danll. King's chambers talking 
about Bethiah coming out of Barbados and Evens said that he had between 
fourteen and twenty pounds of her estate in his hands and he agi-eed to pay 
Peter Miller for her passage in "quind" money, which was 31i. in silver. 
Sworn, 3 : 12 : 1679. 

* Autograph. 



1679] RECORDS AND FILES 329 

Execution, dated 4 : 12 : 1679, against Nathaniell Eavens or SamueU 
Donton, his surety, to satisfy judgment granted Peeter Miller or Edmond 
Bridges, his attorney, 3 : 12 : 1679, at Salem commissioners' court, signed 
by Hilliard Veren,* cleric, and served by Henry Skerry,* marshal of Salem. 
Bond of Samuel Donton.* Wit: John Putnam.* Edmund Bridges'* receipt 
to Nathanell Evens. Wit: John Putnam.* 

Petar Milar's bill of cost, Hi. 7s. 4d. Capt. Sandars mentioned. 

Summons, dated 3 : 12 : 1679, for the appearance of Liddea Pickman 
and Samuell Wakefield and his two apprentices, Daniell Dove and Samuell 
Pickman, to witness in an action against Wakefield, signed by Hilliard Veren,* 
cleric. 

Summons, dated 3 : 12 : 1679, for the appearance of John Guppy, for 
refusing to assist or obey constable Poland, signed by HilMard Veren,* cleric. 

Summons, dated 3 : 12 : 1679, for the appearance of Thomas Mould, for 
being abroad late in the night on Saturday last with a log of wood upon his 
back supposed to be stolen, signed by Ed. Batter,* commissioner in Salem. 
On the reverse: Joseph Fhnt, Ben. Fuller, Joseph Foster and Samuell Bra- 
brook. 

Peater Chiver, constable, and Joseph Gatchell testified that the latter 
went with the constable to serve the warrant on Thomas IMould. The 
latter's wife struck Gatchell with her fist on the face, and Mould told his 
wife to take a firebrand and beat him out of doors, which she did, etc. Sworn, 
3 : 12 : 1679. 

John Williams* and Jacob Poodeat* deposed that thej' had lost much 
fencing stuff, as rails and many old-fashioned palisadoes, and suspected 
Thomas Mould. 

Execution, dated May 3, 1680, against Thomas Mould, to satisfj' judg- 
ment granted Joseph Gatchell and his wife, for witness fees, 3 : 12' : 1679, 
at Salem commissioners' com-t, signed by HiUiard Veren,* cleric, and served 
by Henry Skerry,* marshal of Salem, said Mould paying it by order on 
Jerimy Neal. 

Joseph Gatchell and Judeth his wife testified that one Saturday night 
they saw Thomas Mould, between ten and eleven o'clock, come out of his 
own house and stand upon the common near his yard, looking about him 
, a considerable while. He then went to the right toward Leftenant Higin- 
son"s corner, and deponents could see him no longer, but within the space of 
a quarter of an horn- they saw him about the middle of Mr. Higinson's pond, 
so called, with a great log of wood on his shoulder. Sworn, 3 : 12 : 1679-80, 
before the commissioners. 

On 2.5 : 12 : 1679, Bridget Oliver being presented for suspicion of witch- 
craft, it was ordered that the action be presented to the next Court of Assist- 
ants at Boston. She was to be committed to prison or give bond. She 
gave a bond. 

Wonn, John Ingerson's negro, testified that a month ago going into the 
woods with the horses and sled, he took up his load of wood and came as 
far as Wm. Bean's house. Going back again into the woods between Nor- 
man's rocks and Fish brook, bj^ the swamp side, his horses started and snorted 
as if the}- were frightened and would not go forward but ran down into the 
swamp up to their beUies. They hauled tlie sled with them and with much 
ado he got them out of theii- harness and from the swamp. About a week 
after, deponent going into the haj'-house a little after noon to get hay for 
his horses, and a second time for hay for the cow, he saw the shape of Goody 
Oliver upon the beam with an egg in her hand. He stooped down to take 
up the rake or pitch fork to strike her, when she vanished, "it was the 
shape of the saide goody oliuer, (as now shee stands before the court) & 
being afrighted run in p''sently to the house, & told my master what I saw, 
& afterwards sitting at diner I saw two black catts: & wee haueing one 
blacke cat of our owne & noe more I said how came two black catts heare, 
& before my words were well out of my mouth felt three sore gripes or pinches 

* Autograph. 



330 SALEM QrARTERLY COURT [NoV. 

on my side that made me crye out, & I had very much paine there & sorenes 
for halfe an hower after." When his horses ran into the swamp there were 
a little distance away John Lambert, Jonathan Pickering and some youths 
who noticed it and said they never saw the like and they thought the horses 
were bewitched. Sworn, 25 : 12 : 1679. 

Writ: WilUam Lord, jr. V. Capt. Nicholas Manning; trespass; for illegally 
taking up a mare of his and using her as his own nearly all winter, whereby 
the mare was worn and impoverished by labor, and was shortly after found 
dead in the south field; dated 26 : 12 : 1679-80; signed by Hilliard Veren,* 
for the court and town of Salem; and served by Henry Skerry,* marshal of 
Salem, by attachment of a "shoope house" of defendant. 

Wm. Lord's bill of cost, Ih. 12s. 2d. 

Jerimy Neal's bill of cost, as attorney to Capt. Manning, 12s. lOd. 

John Hathorne,* recorder to the selectmen, certified that at a meeting of 
the selectmen on Nov. 11, 1679, the tythingmen were chosen. 

Samuell Princ and John Bulock appraised the mare of old Goodman Lord's 
at 30s. in pay. Sworn, Feb. 27, 1679-80, before William Brow-ne,* com- 
missioner. 

Joseph Gatchil, aged about twenty-eight years, testified that he heard 
John Bulock say on Feb. 20, 1679-80, that the mare in controversy was the 
one Mrs. White, wife of Resolved, gave to William Lord, jr., and that said 
Bulock branded it with the letter S for said Lord. Bulock said he wondered 
Lord did not look after this matter while Capt. Hathron was alive, for he 
could have said much about it. Resolved White testified to the same. 
Sworn before Wilham Browne,* commissioner. 

Jon. Bulock owned the foregoing. Sworn, 2:1: 1679-80. 

Letter of attorney, dated Mar. 1, 1679-80, given by Nicholas Manningf 
of Salem to Left. Jerimyah Neal of Salem. Wit: Samuell Beadle* and 
Samuell Prince.* 

Abigal White, aged about seventy-four years, deposed. Sworn, 2:1: 
1679-80. 

Josip Gray testified. Sworn, Feb. 27, 1679-80, before Wilham Browne,* 
commissioner. 

Robert Gray, aged about twenty-two years, testified that the winter that 
Mr. Nicholett was at the great meeting at Lin, deponent's father-in-law 
Manning took out of the woods or south field a mare and docked and shod 
her. She was branded with the letters W L. Sworn, Feb. 24, 1679-80, 
before Bartho. Gedney,* commissioner. 

John Bullock, aged about twenty-five years, testified that about five years 
ago he saw a sorrel mare in Capt. Manning's sled, branded with an S and 
W L. In the spring of that year, sitting in his father's house, he saw the 
same mare go into the woods looking very poor and lean, the hair off her 
sides, etc. About a month later he saw the same mare dead in the south 
field near Giggels' spring. Coming that way again when the flesh of that 
mare was eaten off the bones, he perceived that she was shod with iron 
shoes, which he took off the hoofs. Sworn, Feb. 26, 1679-80, before Bartho. 
Gidney,* commissioner. 

Abigail White testified that she gave Wm. Lord, jr., a sorrel mare about 
eight or nine years ago. Sworn, 26 : 12 : 1679-80, before Edm. Batter,* 
commissioner in Salem. 

Jane Lord, sr., aged about fifty-six years, deposed that John Bulock several 
times came to her dwelhng house and asked her and her husband why they 
did not take a coiu-se with Manning about their son William's mare. Bulock 
further said that his uncle Thomas Flint could depose the same as he, etc. 
Sworn, Mar. 1, 1679-80, before Bartho. Gedny,* commissioner. 

Joseph Grey testified. Sworn, Mar. 1, 1679-80, before B. Gidney,* com- 
missioner. 

William Lord, sr., aged about sixty years, testified that John Bulock, etc. 
Sworn, Mar. 1, 1679-80, before Bartho. Gedney,* commissioner. 

* Autograph. t Autograph and seal. 



1679] RECORDS AND FILES 331 

Samull Princ testified. Sworn, Feb. 27, 1679-80, before William Browne,* 
commissioner. 

John Bulock testified. Sworn, Feb. 27, 1679-80, before William Browne,* 
commissioner. 

Mathew Woodwell, aged about fifty years, testified that he took the skin 
off the dead mare. He had seen Robert Gray, servant of Nicholas Manning, 
drawing with that mare in their team, etc. Sworn, Feb. 26, 1679-80, before 
Bartho. Gedney,* commissioner. 

Samull Beadil testified. Sworn, Feb. 27, 1679-80, before William Browne,* 
commissioner. 

Nicholas Manning testified. Sworn Feb. 27, 1679-80, before William 
Browne,* commissioner. 

Writ: WilUam Lord, sr. v. Thomas Male; debt, for a parcel of dung; 
dated 13 : 12 : 1679-80; signed by HiUiard Veren,* for the court and the 
town of Salem; and served by Henry Skerry,* marshal of Salem, by attach- 
ment of three cards of ribbon and one card of laces. 

Bill of cost of William Lord, sr., 12s. 

Joseph Lord, aged about eighteen years, testified that his master Joshua 
Bufum was dealing with Thomas IMaule and the latter told him that when 
John Kitching who bought the dung paid him, he would pay Lord. Buffum 
said, "if thee Dids Ingage for the payment then thee shulde pay Wm. Lord 
for it." Sworn, 2:1: 1679-80. 

Henry Skerry, marshal, aged above seventy years, testified. Sworn, 2:1: 
1679-80. 

Joshua Bufum, aged about forty-tliree years, deposed. Affirmed, 2:1: 
1679-80, in court. 

Warrant, dated 1:1: 1679-80, for the appearance of Samuell Princ, upon 
complaint of Joseph Gatchel, for lying, signed by Ed. Batter,* commissioner 
in Salem, and served by Nehemiah Willoughbv,* constable. 

William Lord* and Wm. Godsoe* testified that on Feb. 27, 1679-80, they 
summoned Samuel Princ as a witness, but he said he could do them no good 
and went only as far as Mr. Veren's house. He then made his escape saying 
that he was summoned also for Capt. Manning in the same case and he 
would not leave his master's business, being summoned by him first. Sworn, 
2:1: 1679-80. 

Jno. Meritt, aged about thirty-five years, deposed that they saw the con- 
stable of Marblehead serve a warrant on Thomas Baker, who spoke reproach- 
fully against the authority of the country, saying he did not care for all the 
laws in the country. When told that he might be brought before Major 
Hawthorne tomorrow, he said he would not be tried by that white hat, Ump- 
ing rogue, etc. Sworn, Mar. 16, 1678, before Bartho. Gedney,* commissioner. 

William Wood and Edward Dimond, constables, testified to the same. 
Sworn before Bartho. Gedny,* commissioner. 

John Rowden, aged seventy-two years, Mary Rowden, aged sixty years, 
and Daniel Poole, aged twenty-four years, deposed that upon Dec. 25, last, 
about nine of the clock at night, Joseph Foster, Benjamin Fuller, Samll. 
Braybrooke and Joseph FUnt came into Rowden 's house and sat down by 
the fire. Then Joseph Foster and Benjamin FuUer began to sing and when 
they had sung two songs, Braybrooke said "how do you like this, father: 
is not this worth a cup of perry?" Rowden answered, "I do not like it so 
wel, pray be gone." Then Ben. Fuller said it was Christmas day at night 
and they came to be merry and to drink perry which was not to be had any- 
where else but here, and perry they would have before they went. Rowden 
told them they should have none there. Joseph Foster said he came from 
the town and had no money; then he spoke to Braybrooke, "cal for your 
pot and mine and I will pay you agayne." Mary Rowden answered, "we 
keep no ordinary to cal for pots." Then they went away and in about a 
quarter of an hour, Foster, Braybrooke and Fhnt came again, and Foster 
said now he had borrowed money and would have the perry. Deponent 

* Autograph. 



332 IPSWICH QUARTERLY COURT [Mar. 

Court held at Ipswich, Mar. 30, 1680. 

Judges: Maj. Gen. Denison, Major Wm. Hathorn, Capt. 
Nathll. Saltonstall, Mr. Jo. Woodbridge and Mr. William 
Browne. 

Jury of trials: Mr. Daniell Epps, Corpl. Jo. Whipple, 
Nicolas Wallis, Joseph Goodhue, Samuell Hart, Joseph Browne, 
Mr. Tho. Noyse, George March, John Dresser, Jo. Stickny, 
Ens. Wm. Buswell and Daniell Lad. 

Grand jury: Deacon Moses Pengry, Edward Lomas, Joseph 
Fellows, Daniell Hovey, sr., John Safford, Lift. Woodman, 
Henry Jaquis, Daniell Chenye, Abraham Redington, John 
Palmer, Tho. Lombor, Samuell Martin, Abraham Haseltine, 
Samuell Fellows, Serg. John Johnson, John Redington and 
William Barnes. 

Mr. Davison and Lift. Ossgood were fined for not appear- 
ing to serve on the jury of trials. 



thinking they were trying to cheat him asked to see the money, as did Mary. 
Foster snatched it out of Braybrooke's hand to show her and it was nothing 
but a piece of lead. Then they put them out of doors. When about two or 
three rods from the house they began to hello and Brayebrooke asked 
Daniel Poole the waj' to Marblehead, and Poole told him he had better 
be at home with his wife. Braybrooke asked him if he wanted to fight, if 
so to come out, and Flint said if he wanted to box, he would box with him 
for a pot of perry. Then they threw stones, bones and other things at Poole 
in the doorway and against the house. They beat down much of the daub- 
ing in several places and continued to tlu'ow stones for an horn- and a half 
with httle intermission. They also broke down about a pole and a half of 
fence, being stone wall, and a cellar, without the house, distant about four 
or five rods, was broken open through the door, and five or six pecks of apples 
were stolen. Sworn, Mar. 2, 1679-80. 

Ensign Nathaniel Felton and Anthony Buxton, being witnesses of the de- 
struction next morning, deposed the same. On 25 : 12 : 1679, all parties 
concerned were summoned, also Edward Beachum, John Felton, John Tomp- 
kins, jr., and John Loomes as witnesses, by James Symonds,* constable. 
Also on 1 : 1 : 1679-80, Ensign Felton, Daniell Poole and Anthony Buxton 
were summoned by James Symonds,* by order of Ed. Batter,* com- 
missioner. 

Writ: EUzabeth Lord v. John Pudney; debt; for tallow, and beef suet 
sold his wife; dated 13 : 12 : 1679-80; signed by Hilhard Veren,* for the 
court; and served by Henrj- Skerrj',* marshal of Salem. 

Summons, dated 26 : 12 : 1679, to Leift. John Pickering, John Home 
and Thomas Stacey, tythingmen, signed by Hilliard Veren,* cleric, and 
served by Nehemiah Willoughby,* constable of Salem. 

Warrant for appearance of IMarj^, wife of Thomas Mould, for striking 
Joseph Getchell, signed by Ed. Batter,* commissioner. She refused to go. 

Samuell Brabrock's* petition, 3 : 12 : 1679: that he had sinned against 
God and broken the laws of the country and was sorry. It was the first 
time he had so transgressed. 

* Autograph. 



1680] RECORDS AND FILES 333 

Mr. John Gifford v. Mr. Tho. Walter and Mr. Richard 

Middlecut. Nonsuited. 

Dr. Richard Knott v. Wm. Jarmin. Verdict for defendant.* 
Erasmus James v. Richard Knot. Replevin. Verdict for 

plaintiff, t 

*Writ: Mr. Richard Knott v. William Jerman; debt; 
for seven months' diet; dated 22 : 10: 1679; signed by 
Hilliard Veren,^ for the court and clerk for the town of Salem; 
and served by Tho. Hawkins, J constable of Marblehead, 
who delivered said Jerman to Benjamin Felton, the prison 
keeper at Salem. 

fCopy of Thomas Hawkins' order to Benjamin Felton, 
prison keeper, agreeing to pay 2s. 6d. per week for William 
Jerman. Copy sworn to bv said Felton, 29 : 1 : 1680, before 
Ed. Batter.t 

Writ of replevin, dated 13 : 12 : 1679-80, for William Jer- 
man, servant of Erasmuss James, distrained by Richard 
Knot, signed by Hilliard Veren,i for the court and town of 
Salem, and served by Henry Skerry, J marshal of Salem, who 
delivered said Jerman to James. 

Hilliard Veren, sr., and Mr. Jno. Hathorne, Jan. 3, 1679-80, 
certified that whereas Erassmus James had, from the Wor- 
shipfull Major William Hathorn, three executions against 
William Jerman, they chose said Veren and Hathorne to 
appraise Jerman as a servant to James, which they did at 
71i. for two years, unless Jerman pay the money before that 
time is out. Sworn to, 19 : 1 : 1679, before Edm. Batter, f 
commissioner in Salem. 

Three executions against William Jerman issued by Major 
Hathorne and served by Henry Skerry. J 

Petition of William (his mark) Jerman: "This Poore man 
William Jerman being a fisherman and not learned nor edicated 
in Reeding or writing Came to this Countrey and was implyed 
about fishing at Marblehead and meeting with bad voyages 
Run himselfe into Mr. Brown his debt, and after bad voyages 
was in a likely way to make a good voyage whereby he might 
a paid his debt but was then taken ofe by being pressed a 
souldier in the Cuntrey sarvis, but when he Com back againe 
Docter Knott Implj'ed him in fishing and so he fel somthing 
into debt, and when Docter Knott did perceue that the sd 
Jerman was Trubled about his debt due to M"" Browne he 
Came to the hows where Jerman kept and made it his Imply 
one Lords day in the forenoone to entice the sd Jerman to 
owne a Judgment of tenn pounds to him and he said he would 
secure him from m'' Browne, but when Jerman was deliuered 

t Autograph. 



-334 IPSWICH QUARTERLY COURT [Mar. 

to Knott by Execution the sd Knott sould him to on Bartlett 
the sd bartlet Receaued full sattisfaction of the said Jerman 
for the said Execution but he had nott so much skill as to 
get in the Execution, after this Docter Knott Imployed the 
said Jerman about fishing againe and said that the said Jerman 
was in his debt about the voyage this poore Peticioner had no 
true account of the waight of the fish that voyage and doth 
beleeue in truth to his understanding that he doth not owe 
him one penny, for he had nothing of him but meerely for the 
voyage and Knott had all he got that voyage yet he sarues 
an attachment on this poore man and layes him into the 
Goale in a bitter Coult time and in a likely way had perished 
had not Rosomus James a man hie was ingaged to tooke pitty 
on him and helped him out of prisson he being the said James 
his saruant by ingagement and that Knott did that to him in 
Reuenge because the sd Jerman was Called by authority to 
witness in a case against one of his fishermen," etc. 

Petter Gary, aged about thirty-six years, deposed that 
there was an agreement between Robartt Barthlett and 
William Jerman that if the latter would give him his winter 
and spring voyage that he was then upon with Charlls Grene, 
also the summer voyage following, he would be cleared of 
the execution of Knott's. Also that Barthlett had it all, 
except three or four quintels of haddock that was paid for a 
debt of Jerman's before this agreement was made, etc. Sworn, 
Mar. 13, 1679-80, before Moses Mavericke,* commissioner. 
William Jerman's bill of cost. 
Erasmus James' bill of cost, 31i. 8s. 8d. 

Writ: Mr. Richard Knott v. William Jerman; debt; dated 
Mar. 21, 1676-7; signed by Moses Mavericke,* for the court; 
and served by John Chine,* constable of Marblehead. Copy 
of the execution by which said Jerman was deHvered to Mr. 
Richard Knott for three years. Copy made by Robert Lord.* 
On Mav 30, 1677, Richard Knott* assigned said Jarman to 
Robert Bartlett. Wit: Thomas Hoare* and Nics. (his mark) 
Pickett. 

Mr. John Brocke, aged about twenty-four years, and Nicholas 
Pickett, aged about thirtj^-three years, testified that on Feb. 5, 
both being at the house of Erosamus Jeames in Marblehead, 
after Jarman had owned his debt to Knott, James said in a 
jeering, scoffing manner "bed william Jarman out with his 
purse and pay the docf what hee owed him: Jarman: replied 
a Gaine in A Scoffing: laughing Manner to the s^^ James that 
Doct' Knott might Goe to Constable hoakins for his pay: 
Iff hee please: why replyed Erosman Jeames is that thy 
Contience for to make the Constable for his loue to thee 
for to make him pay thy debt for thee Itt is good enough 

* Autograph. 



1680] RECORDS AND FILES 335 

for him said Jarman: for hee is better Able for to pay the 
debt then I am: Itt will teach the Foole more witt another 
tyme: he might a Kept Mee said Jarman when hee had me." 
Sworn, Mar. 23, 1679-80, before Moses Mavericke,* com- 
missionsr. 

John Marten, aged about forty years, deposed that he was 
present when Constable Hakings of Marblehead served the 
attachment on Dec. 22, 1679, and he urged him not to take 
Jerman to prison, but let him go on a voyage with him and 
he would agree to deliver him before the Ipswich court. Upon 
that, the constable left him, but on Feb. 12, 1679, he came 
very early and took said Jerman out of deponent's employ 
and cast him into Salem prison. Sworn, Mar. 27, 1680, 
before Moses Mavericke,* commissioner. Owned by Jer- 
man, Mar. 29, 1680, before Moses Mavericke,* commissioner. 

Morris Pike, aged about fifty years, testified that the next 
morning after he was put in prison, Jarman sent his wife to 
Robert Bartlett, asking that he take him out, as he was his 
servant, and no one else could do it. Nicholas Picket, aged 
about thirty-three years, deposed the sams and that Bartlett 
told him that if Jarman were not out before night, he would 
get him out, etc. Sworn, Mar. 29, 1680, before Moses Mav- 
ericke,* commissioner. 

Mr. John Brocke, aged about twenty-four years, and 
Nicholas Pickett, aged about thirty-three years, testified 
that James reckoned up Jerman's account to see if it was 
right and he said it was right to a penny. Knott acknowledged 
the debt of 71i. Sworn, Mar. 23, 1679-80, before Moses 
Mavericke,* commissioner. 

John Bartlet, aged about thirty-six j^ears, and Bethia 
Bartlett, aged about thirty years, testified that they heard 
Knott demand some fish of Jarman saying that he must not 
think of going with Robert Bartlet, and Knott get nothing 
for his services. Knott said, "Gett you home to my house 
and doe such works as I haue to doe for thee." Jarman said 
he should go in Bartlet's boat, but Knott said he would make 
him know that he was his servant, whereupon Jarman swore 
that if Knott struck him, he would strike his brains out with 
a pair of tongs that he had then by him. Sworn, Mar. 29, 
1680, before Moses Mavericke,* commissioner. 

John Martin, aged about forty years, testified that Jerman 
had his supply for sea and land of James and himself for 
about a year, and he had been seven months on a voj^age 
with deponent, and was still with him. Also that Robert 
Bartlett had supplied him with nothing. About the first of 
November there was a vessel load of corn that came into 
their harbor, consigned to Robert Bartlet by Mr. Samuell 

* Autograph. 



336 IPSWICH QUARTERLY COURT [Mar. 

Resolved White v. Capt. Nicolas Mailing. Appeal from a 
judgment of the Worship. Maj. Gen. Denison, Esq. Verdict 
for defendant. Confirmation of the former judgment.* 

Gardner, jr., of Salem., to sell for him. Jerman went for some 
but Bartlett would not let him have any. Deponent took 
two or three bushels for Jerman's use on his own account. 
Jerm.an had not even a pot to boil his victuals in, so deponent 
bought him one at Mr. William Brown's at Salem. Sworn, 
Mar. 27, 1680, before Moses Mavericke,t commissioner. 
Owned by Jerman, Mar. 29, 1680, before Moses Mavericke,t 
commissioner. 

Charles Greene, aged about thirty years, deposed that he, 
with Wilham Jerman, Robert Barthlett and one John Cleay, 
now dead, were on a voyage together, which voyage began 
in the latter end of 1676 and continued until the latter end 
of May, 1677. He understood that Jerman wished to be 
rid of the execution which Knott had against him and deponent 
heard Jerman tell Barthlett that if he would clear him and 
give him two shirts and one pair of draw^ers, he would give 
him all his winter, spring and summer voyage, which Barthlett 
agreed to do. They made sixteen or seventeen pounds each 
share, and the boat they went in was hired at the "six fish" 
and came to 131i. 10s. for the voyage, etc. Sworn, Mar. 13, 
1679-80, before Moses Mavericke,t commissioner. 

Philip Welsh, aged about thirty-six j-ears, and his wife 
Hanna, aged about twenty-five years, deposed that last Jan- 
uary, Robartt Barthlett's man brought some wood to their 
house for the use of William Jerman. The man said there 
were six feet, but they questioned it and corded it before his 
face. They told Bartlett it was but four feet, but he said 
he would have pay for five feet or else he would send no more. 
He never received more, and deponents and Jerman all live 
together in one house, but have their "wood separate, etc. 
Sworn, Mar. 6, 1679-80, before Moses Mavericke,t com- 
missioner. 

Thomas Manning, aged thirty-one years, deposed that 
he bought some mackerel of Bartlett for bait which the latter 
said Jerman caught, etc. Sworn, Mar. 27, 1680, before 
Moses Mavericke,t commissioner. 

*Copy of papers of a similar action tried before Major 
Genii. Denison, made by Daniel Denison. f 

Writ: Capt. Nicholas Manning v. Resolved White and 
Abigail, his wife, as she was executrix of the estate of William 
Lord, deceased; for not delivering a mare, which she agreed 
to do for taking up her jades in the time of her widowhood, 

t Autograph. 



1680] RECORDS AND FILES 337 

and branding them; dated Mar. 10, 1679-80; signed by Hilliard 
Veren, for the court and town of Salem; and served by Peter 
Cheevers, constable of Salem, by attachment of eight pewter 
platters and a table. 

Nicolas Manning's bill of cost, 21i. 4s. lOd. 

Judgment rendered for the plaintiff. Appealed to the 
next County court. 

Reasons of appeal of Resolved and Abigail White. 

Nicholas Maning's* answer to Resolved White's reasons of 
appeal. 

Samuel Beadle testified that some years since Capt. Maning 
branded many of old Goodwife White's jades, in her presence, 
etc. Sworn, Feb. 27, 1679-80, before William Browne, com- 
missioner. Copy made by Daniel Denison.* 

Edmund Bridges and Jeremiah Neale deposed that an 
ordinary mare about seven years since was worth in Salem 
about 40s. Copy niade, Mar. 19, 1679-80, by Daniel Denison.* 

Joseph Grey testified that there was an agreement between 
his father-in-law Manning and Goodwife White, etc. That 
said Manning having taken up the jades let some of them 
run away without branding. Sworn, Mar. 1, 1679-80, before 
Bartholmew Gedney, commissioner. Copy. 

Joseph Grey testified. Sworn, Feb., 1679-80, before William 
Browne, commissioner. Owned before the commissioners, 
2:1: 1679-80. Copy. 

Abigail White, aged about seventy-four years, testified 
that Manning asked her if she would give him half a mare if 
he found one of hers which was lost. She said she would. 
He found the mare but she never saw it, and later he asked 
her for the whole mare, agreeing to brand all her jades for it. 
She did not intend he should have the sorrel mare for that 
she had given to her kinsman William Lord, jr., and she never 
had any discourse with him further about marking, branding, 
gelding or wintering. Sworn, 2:1: 1679-80, in commis- 
sioners' court. Copy made. Mar. 19, 1679-80, by Daniel 
Denison.* 

Samuel Prince testified that some years since upon order of 
old Goodwife White, formerly wife of Goodman Lord, Capt. 
Manning brought out of the woods and the south field many 
of her jades, and he saw him brand twelve or thirteen. Sworn, 
27 : 12 : 1679-80, before Willm. Browne, commissioner. 
Owned, 2:1: 1679-80, in court. Copy made. Mar. 18, 
1679-80, by Daniel Denison.* 

John Bullock testified that Goodwife White told him, etc. 
Sworn, Feb. 27, 1679-80, before William Browne, commissioner. 
Owned, 2:1: 1679-80, in court. Copy made by Daniel 
Denison.* 

* Autograph. 



338 IPSWICH QUARTERLY COURT [Mar. 

Thomas Perkins v. Daniell Clarke. Verdict for plaintiff, 
the fence to be set up and maintained by defendant and six 
bushels of Indian corn damage.* 

*Writ: Dea. Thomas Perkins v. Daniel Clarke; for not 
setting up and maintaining a sufficient fence, according to 
agreement when he bought the land; dated Mar. 24, 1679-80; 
signed by John Redington,t for the court and the town of 
Topsfield; and served by William Perkins, f constable of 
Topsfield. 

Thomas Perkins' bill of cost, 21i. 9s. 4d. 

Letter of attorney, dated Mar. 27, 1680, given by Thomas 
Perkins, sr.,t of Topsfield to Sergt. Edmond Bridges of Salem. 
Wit: John Gould, sr.,t and Sarah Gould. f Sworn, Mar. 30, 
1680, before Robert Lord,t cleric. 

Thomas Baker testified that Clark and deponent's brother 
Golde had a conference about a fence which he was to have 
set up. Clark said he had given Golde lOli. and Gould said 
it was but 51i., etc. Sworn in court. 

Copy of deed, dated Jan. 17, 1664, given by Zacheus Goold 

and Thomas Baker, both of Topsfeild, for 341i. paid by 

Bates to Daniell Clarke of Topsfield, 14 a. in Topsfield, bound- 
ed "with a brooke towards the south & a high waye towards 
the east, & the land of Luke Wakelin towards the north & 
the land of Barzila Barker, toward the west: And one pcell 
of meddow contayning by estimation six acres be it more or 
lesse lying in Topsfeild, or the Villadge, bounded with the 
land of Zacheus Goold towards the south & Thomas Perkins 
land towards the north, & the meddow of Luke Wakelin towards 
the east." Wit: John Goold and Thomas Gidding. Ac- 
knowledged, Mar. 28, 1665, before Samuell Symonds. Copy 
made by Hilliard Veren,t recorder. 

Copy of deed, dated Mar. 8, 1663-4, given by Zacheus 
(his mark) Gould of Topsfield to Thomas Perkins of Topsfield, 
land partly in Rowley Village and partly in Topsfield, for 
lOOli., bounded by Zacheus Gould on the southwest, Daniel 
Black on the southeast, the watercourse on the northeast and 
Topsfield common toward the north, and meadow of Robert 
Smith, Luke Wakelin and Francis Bates on the west; the 
other parcel was all that meadow in Rowley Village, on the 
west end of the Crooked pond, so called, and surrounded 
by land of Zacheus Gould, also a right of way for said Thomas 
where it would be most convenient. Wit: John Redington 
and John Perley. Acknowledged, Mar. 30, 1668, before 
Daniel Denison. Recorded June 24, 1679, in the records of 
land for Essex at Ipswich, book 4, page 268, by Robert Lord,t 
recorder. 

t Autograph. t Autograph and seal. 



1680] RECORDS AND FILES 339 

Mr. Thomas Walters and Mr. Ric. Middlecut, as attorneys 
V. Mr. John Gifford. Verdict for plaintiff. Upon request of 
Mr. Gifford, the bond of 2,0001i. was moderated to 5001i.* 

John Gould and John How testified that they saw the 
writing in Danil Clark's hand, and Gould told Clark that 
if he had the writing from him, he stole it. Sworn in court. 

John How and Peter Shomway deposed that they measured 
the fence and found it to be about threescore rods, and ap- 
praised the damage in Perkins' corn as six bushels. They 
judged that the swine came in through the fence now in con- 
troversy, there being a pitiful hedge, which is no fence by law. 
The fence to be set up was worth 2s. per rod, as five-rail fence 
cost at that time. Sworn in court. 

John How deposed that when Ensign John Gould demanded 
of Danill Clark his deed, he owned that he had received of 
Clarke 51i. in consideration of the fence which the latter was 
to maintain. Sworn in court. 

*Tho. Breadon's receipt, dated Apr. 6, 1670, to Mr. Gifford 
for lOOli. by bill on Rich. Waye of Bostone from Mr. Richard 
Russell of Charles Towne, also one bond of John Gifford for 
lOOli. payable June 24, 1671, in full payment, and also for 
one-quarter part of the Iron works at Cheswick in New Eng- 
land which belonged to said Breadon and company. Wit: 
Richard Waite, marshal, and John Conney. Sworn, Apr. 17, 
1674, before Edward Ting, assistant. Recorded, 20 : 2 : 
1674, foho 2, pages 114, 115, by HilHard Veren,t recorder. 
Copy made by Hilliard Veren,t recorder. 

Plaintiffs' bill of cost, 61i. 4d. 

Copy of papers in a similar action brought in Salem court, 
1679. 

Thomas Tower testified that "I being belonging to the 
Iron works that m"" Giffard came over last upon between him 
and the Comp'^ that hee is now troubled about by John Flood 
and others; This I testify that m"" Giffard care was to carry 
on all things with expedition to blowing and that m""^ Giffard 
before her Husband came over sett on for the same and wanted 
not fully providing all things needfull for the potters buying 
wood fitting for cording and coaling and that m"" Giffard prest 
on when hee came over with much care and in the time of 
coaling hee tooke me off to Set forward the furnace by pluck- 
ing down the walls thereof so far as was defective, put me 
upon it with sundry more, getting all the help could bee got 
out of Reddin to the clearing of the water courses and hutches, 
mending up the dam which being effected to the makeing 
up the furnace hearth the workes would riddenly have blown 

t Autograph. 



340 IPSWICH QUARTERLY COURT [Mar. 

had not the disappointment come from m'' Fogg by his actings 
in the denying my bills discourageing the business and shutting 
the Warehouse dore upon me, denying to pay me the pay 
that hee had before promised whenever I should bring m' 
Giffards bill, which doings made me desert the worke: And 
further I testify hee declared to me before when I came for a 
Forty shilling bill that m'' Giffard had drawn upon him for 
me to bee paid in money, hee told mee hee would pay no more 
hee had possession given him in behalfe of the Comp* accord- 
ing to Covenants in England, and that hee was glad that 
hee had such good dealings from m'' Giffard which gave him 
Satisfaction in all that hee could demand owneing full posses- 
sion." Sworn, Apr. 29, 1679, before Thomas Brattle, com- 
missioner. John Browne testified that he was employed at 
the works, etc. Sworn, Apr. 29, 1679, before Tho. Brattle, 
commissioner. Copy made from the Suffolk court records 
by Isa. Addington,* cleric. 

Agreement, dated Aug. 30, 1674, between Jonathan Poole* 
of Redding and John Giffard* of Line, said Poole in repairing 
the Iron works was to furnish, for 201i., "eight binders sub- 
stantially to bee fitted and putt in of white oake according to 
the demensions of the former as alsoe the new fiooting of the 
wheele the repaireing of the lents about the furnace that is 
to say to put in a false sill and new posts where that the posts 
haue giuen way: the raiseing of the Bridge and setting to 
right the plumer blocks where there is occasion also the way 
of the water wheele setting to rights and makeing new studs 
and plates on the outside. And the water gate that is to 
pin itt up and put itt up to rights and the said Jonathan 
Poole is to hayle all timber in place for w=^ y'' said John Gifford 
on pformance of the foresd." Also Giffard was to find three 
men to assist in raising the furnace bridge, and he was to 
clear away the dirt and find boards and nails. Wit: William 
Grice.* 

Agreement, dated May 8, 1675, between Richard Smithf 
of Boston, bricklayer, and John Giffard of Lynn, merchant, 
said Smith agreeing to build at the Iron works at Lynn two 
arches with brick and to raise the funnel of the furnace about 
three feet higher than now, to repair that part of the funnel 
already built, to lay the platform of the furnace about four or 
five feet wide, said Giffard to furnish all material, and lodging 
and diet for Smith's men, for which Giffard was to pay 201i., 
half in silver money of New England as soon as the work was 
finished, and half in English goods at money price delivered 
at Boston within a month after the work was finished. Wit: 
John Keeny* and James Buttler.* 

Copy of a letter from John Wright to John Giffard: "Wee 

* Autograph. f Autograph and seal. 



1680] RECORDS AND FILES 341 

hoped upon m'' Grices return hither to have received more 
full satisfaction then indeed wee do, the difference betweene 
your Selfe and m'' Fogg which is most upon your perticular 
Interest hath turned much to our generall disadvantage, and 
though it appeares that you have received of M' Fogg much 
more then by your Articles yo were to have done, yet the 
workes are in disorder and not finished, wee heartily wish that 
you would lay aside all animosities and consider if you can 
finde any expedient to advance our Common Interest; Wee 
have resolved to send over m'' Grice again very shortly and 
shall send some Stock to see what wilbee the effect of this 
designe, and let us desire you to fall as effectually as you can 
to worke about this buisness, and let us not loose so great a 
provision of coals and other things as are already prepared. 
This bill of Exchange of m"" Godfrys is now our best part of 
Stock and wee hope may turn to good Account wee have already 
put in Sute, but it wilbee necessary that you send a Letter 
of Attourney because it must proceed in your name. I pray 
therefor send over a Letter of Attourne}^ by the first oppor- 
tunity possibly to bee had, and impower m"^ John Dodsworth 
of London, Haberdasher to act as yC Attourney in it, the bill 
is drawn by m"" Jacob Willet for £173. 10s. Sterling money 
upon m"" Thomas Broughton of Boston, merchant, and bears 
date 24 April 1673, and m'' John Godfrj^es order bears date 
24 April 1673. This if you send a perticular Letter of Attourn- 
ey but I thinke you may send a generall Letter of Attorney 
to m"^ Dodsworth to Sue in your name. M"" Godfrj^'s wife is 
his Administratrix and her name is Mary, I pray take care 
to send this Letter of Attourney speedilj^ & effectually and 
wee shall bee the better inabled to supply you, I hope wee 
shall finde some way to settle this buisness in a better order. 
Direct yo'' letters on this or any other occasion to m"" Dodsworth 
at his house in Love lane, Habedasher hee married M" 
Batons daughter and now acts in all her concerns and is a 
very pretty man. Wee refer other buisness to m'' Grices com- 
ming over which wee hope wilbee in a fortnight or three weekes 
at furthest. This I have writ at the desire of all the rest to 
you, and am Your assured freind, John Wright. London, 
June 1, 1675. I thinke you are not acquainted that m'' 
Eaton is dead 2 months since, w*^"* makes us act, by M"" Dods- 
worth." Addressed: ''For m'' John Giffard at his house in 
Lynn, To bee left at m'' John Joyliffes merct. In Boston, 
New England." Copy made by Isa. Addington,* cleric. 

"London, p mo. Novemb'' 1676. 

"Mr. John Giffard, Sir, M'' John Williams coming to Lon- 
don wee do now authorise m"" Rich. Middlecott of Boston 
and m'' Thomas Walter to treat with you and to have a blast 

* Autograph. 



342 IPSWICH QUARTERLY COURT [Mar. 

Capt. George Corwin v. Samuell Bishop, executor of the 
estate of Thomas Bishop, deceased. Verdict for plaintiff. 
The defendant not being in the country, judgment was not 
entered.* 



at the Iron workes, if it appeares for a generall good to this 
end they haue a Credit for a Supply of what may bee wanting, 
So you will do well to comply with them there and our desire 
and order for yo^ to come over hither which wee need not to 
press your own interest being so much concerned therein wee 
have done this upon our own Credits here M^ Godfrys nor 
S^ Rich. Combes Executo'^ have wee been able to perswade 
to deposit anything m'^ Eaton is Executrix to m' John Eaton, 
m' Dodsworth hath purchased the share was m"^ Alliens, and 
m^ Williams, m"^ Wrights part wee hope you will consider this 
is the reviving or utter ruin of the concern, therefore consider 
you destroy it not utterly, pray remove all obstructions and 
carry things above board for clandestine actings will not bee 
interest at yo" all; assure yourSelf for our parts if you act 
as you ought you will finde us ready to do the thing that may 
bee rather in favour of you then our Selves, for wee desire to 
do as wee would be done by as you will finde when you see us, 
want of time and in expectation of your presence wee do not 
nor indeed cannot inlarge, but must refer you to our Agents 
or Agent whose carriage if you demerit not will doubtless 
bee in all tenderness towards you as far as they may fairly 
discharge their trust for the Generall pray set out our Agents 
in a way to finde out how to secure our right of m^ Fogg and 
shew them wherein hee hath acted to the hurt of the Generall. 
Wee must subscribe willing to continue your Lo. Freinds, 
Jo. Williams, Katharine Eaton, John Dodsworth." Addressed 
"To M"- John Giffard, merch* In Boston Receivd of m^ middle- 
cott 9 May 77." Copy made by Isa. Addington,t cleric. 

Letter of attorney, dated Mar. 13, 1678, given by Thomas 
WalterJ of Yonghall, in the Kingdom of Ireland, now resident 
in Boston, merchant, attorney to John Wright of Wrights- 
bridge, county Essex, England, Esq., John Williams of Bns- 
tooll, England, merchant, Katherine Eaton, widow and 
executrix of her son John Eaton, late of London, mercer, and 
John Dodsworth of London, haberdasher, to his well-beloved 
friend John Flood of Maulden in New England. Wit: William 
Gilbertf and John Hayward,t scribe. Sworn, Mar. 13, 1678, 
before Edward Tyng,t assistant. 

*Writ, dated Mar. 1, 1679-80, signed by Hilliard Veren,t 
for the court and town of Salem, and served by Robert Lord,t 
marshal of Ipswich, by attachment of land that belonged to 

t Autograph. t Autograph and seal. 



1680] RECORDS AND FILES 343 

Thomas Ives v. John Pudney. Debt. Verdict for plaintiff.* 
Mr. Phillip Cromwell v. Mr. George Emery. Debt. Ver- 
dict for plaintiff.f 

the great house, leaving a summons with his wife at the 
house of his abode. 

George Corwin's bill of cost, Hi. 13s. 4d. 

Bond, dated June 22, 1668, given by Thomas BishopJ of 
Ipswach to Capt. George Corwin of Salem, merchant, for 
501i., for a debt due said Corwin from Thomas White of Wen- 
ham, in fat cattle, English grain, pork and Indian corn, to be 
delivered at Corwin's dwelling house in Salem. Wit: Ele. 
HathorneJ and Jno. Higginson, jr.| Sworn, Mar. 27, 1680, 
before William Browne, | commissioner. 

Bond, dated Apr. 2, 1678, given by Margaret Bishop| of 
Ipswich, executrix of the estate of Thomas Bishop, to pay 
the remainder of the bill due Capt. George Corwin from said 
Thomas, deceased. Wit: Nathanel ChapmanJ and Ester 
Bishop. J Sworn in court. 

*Writ: Thomas Ives v. John Pudney; debt; dated Mar. 22, 
1679-80; signed by Hilliard Veren,t for the court and town 
of Salem; and served by Henry Skerry, jr., J deputy for Henry 
Skerry, sr.,J marshal of Salem, hj attachment of house of 
defendant, leaving the summons with his wife. 

Thomas Ives' bill of cost. Hi. 15s. 2d. 

Nicholas Durell, aged twenty-four years, deposed that 
Judeth, wife of John Pudney, told him that she was to pay 
Thomas Ives 3 l-2d. per pound for all the tallow that she 
had of him, she to pay each month. She acknowledged that 
she was behindhand in her payments. Sworn, Mar. 22, 
1679-80, before William Browne, J commissioner. 

Joseph Kemball, aged eighteen years, deposed that his 
master Thomas Ives, etc. Sworn in court. 

John Pudney, Dr., to tallow to be paid in money: 1677, 
21 : 5, to 441i. tallow at 3 l-2d., 12s.; 28, to 51i., 4 : 6, 231i., 
8s. 2d.; 22, to 191i., 25, 401i., 17s. 2 l-2d.; 1 : 7, to 481i., 8, 
521i., Hi. 9s. 2d.; 15, to 751i., 22, 72h. tallow leg beak, 120, 
21i. 3s. 10 l-2d.; 29, to 25 l-41i. tallow shold. mtt., & shed, 
pi., 2s., 9s. 4 l-2d.; 5 : 8, to 261i. tallow Beeves Cheeke, lOd., 
8s. 5d.; 12, to 601i. tallow, 19, 561i. tallow, 6H. beafe. Hi. 
15s. 4d.; 3 :9, to 771i. tallow, 17 : 10, 174H. tallow, 3U. 13s. 
3 l-2d.; total, IHi. 17s. 7 l-2d. Cred. p money, 10s.; 541i. 
Candles at 6d. p., Hi. 7s.; 2:7: 1678, money, 13s., 6s., lOd., 
Hi.; total, 41i. 2s. lOd. Copy from the book by Robert Lord,j 
cleric. 

tWrit, dated 29 : 10 : 1679, signed by Hilhard Veren,t 

t Autograph. 



344 IPSWICH QUARTERLY COURT [Mar. 

Capt. Nicolas Maning v. Wm. Lord. Appeal from the 
judgment of the Commissioners of Salem. Verdict for de- 
fendant. Confirmation of the former judgment.* 

for the court and town of Salem, and served by Henry Skerry,t 
marshal of Salem, who took Mr. George Emery to prison at 
Salem, he having no money. Mr. John Tally, with the keeper 
and said Skerry, took him to Major Hauthorn and he was 
then freed, said Tally agreeing to appear for him because 
Mr. Emery was not able to be there. 

Letter of attorney, dated Mar. 24, 1679-80, given by Georg 
EmeryJ of Salem, chirurgion, to Mr. Walter Fairefeild of 
Wenham, said Emery being unable to travel and a prisoner. 
Wit: Thomas Boydenf and Thomas Nicklson.f Acknowl- 
edged, 24 : 1 : 1679, before Edm. Batter,! commissioner in 
Salem. 

Mr. George Emery, Dr., to Phillip Cromwell; b}^ balance of 
Acpt. made up with him 24 Feb., 1669, 13li., 10s. lOd.; 28 : 
4 : 1670, to nee veale, 12d., 7 1-4 beafe, 3s. 1 l-4d.; 20, 
to tongue, 20d., 27, 8 3-41i. beafe, 4s. 2 3-4d.; 1 : 7, to brest 
muttn. 18d., 6, 1-4 mutton, 3s., 10, 10 1-2K. beafe, 7s. 6 3-4d.; 
17, to 8li. beafe, 24, tongue, 20d., 18, 7 l-41i. beafe, 6s. 1 l-4d.; 
8:8, to tongue, 18d., 15, 18li. beafe, 24, killed a Cow, 5s., 
lis. 9d.; 1673: 28 : 12, to 1-4 veale, 30d.; total, 15li. 6s. Id. 
Cred. 1670:6:3, p John Woodbury, 8s.; calfe, 9s.; 1672, 
hyde, lis. 6d.; p Isaacke Woodbury, Hi. 5s.; 1673, p Benj. 
Ganson, IH. 2s.; 1673-4, Calfe, 9s.; total, 4li. 4s. 6d.; balance 
due May 22, 1674, llli. Is. 7d. 

*Reasons of appeal of Nicholas Manning,! as given in by 
his attorney, Jeremiah Neale,t Mar. 24, 1679-80, to the 
Ipswich court. 

Answer of William Lord, jr.,t to Capt. Nicholas Manning's 
reasons of appeal. Mentions Mrs. White as his aged aunt. 

Copy of papers of this action brought in the commissioners' 
court. Mar. 2, 1679-80, at Salem. 

Plaintiff's bill of cost, 21s. 4d. 

William Lord's bill of cost, 16s. 

Letter of attorney, dated Mar. 29, 1680, given by William 
Lord, jr.,t of Salem, mariner, to Joseph Gatchell of Salem, 
tailor. Wit: Francis Nealef and Wm. Godsoe.f Ac- 
knowledged, Mar. 29, 1680, before Edm. Batter,t commissioner 
in Salem. 

Samuell Prince, aged about twenty-six years, and Jacob 
Manning, aged about nineteen years, deposed that they 
heard Joseph Gatchell say at the Commissioners' court that 
Nick Manning had put in some words in Joseph Greyes testi- 

t Autograph. t Autograph and seal. 



1680] RECORDS AND FILES 345 

Capt. Nicolas Maning v. Resolved White. Debt. Verdict 
for plaintiff. Appealed to the next Court of Assistants. 
Said White bound, with Samuell Gardner as surety.* 

mony. Sworn, 27 : 1 : 1680, before Wm. Hathorne,t assistant. 
Jerimy Neale testified to the same, 

*Copy of papers in a similar action brought, 9 mo. 1675, 
in Salem court. 

Nic. Maning's bill of cost, 21i. 5s. 

Writ, dated Mar. 25, 1680, signed by Hilliard Veren,t for 
the court and town of Salem, and served by Tho. Ives,t con- 
stable of Salem. Bond of Resolved White. f 

Mr. Resolved White's bill of cost, 21i. 6s. 8d. 

Joseph Gray, aged twenty-seven years, testified that his 
father-in-law Nickolas Maning had some swords, daggers, 
cutlasses, rapiers and sword handles and one halberd which 
Maning said came to 51i., which he had of Goodwife Lord, 
now wife of Resolved White, also one red cow called by the 
name of Cherry which cost 51i. Abigail Gray testified to the 
same. Sworn, 25 : 1 : 1680, before Ed. Batter,! commissioner. 

Copy of deed, dated Dec. 16, 1668, given by William (his 
mark) Lord of Salem, cutler, and Abigail (her mark) Lord, 
sr., his wife, to Mr. Nicholas Manning of Salem, gunsmith, 
ten acres, in the broad field, bounded on the east by John 
Pickering's land, on the west by land of the Worshipful Major 
Hathorne, on the south by the milne river and on the north 
by the town common. Wit: Benjamin Felton and Edw. 
Norice. Acknowledged by said Abigail, 5:8: 1674, before 
Wm. Hathorne, assistant. Copy made from the records of 
lands in Salem, 30 : 11 : 1679, by Hilliard Veren,t cleric. 

John Maskal, jr., aged about twenty-nine years, testified 
concerning the swords. Georg Thomas testified to the same. 
Sworn, 25 : 1 : 1680, before Edm. Batter,t commissioner. 

From Capt. Manning's book: Dec. 10, 1668, Reckoned 
with Goody Lord, due, 41i. 14s. 2d. Account of Wm. Lord, 
sr., Dec. 10, 1668, to lOli. in money; cord of wood, 4s.; 6 
foote of wood, 6s.; 1 cord & halfe of wood, 12s.; 5 foote of 
wood, 5s.; 2 load of Log wood, 9s.; 2 load of Log wood, 9s.; 
31i. of sope. Is. 6d.; 1 bushel of Endon corne, 3s. 6d.; 2 bushels 
of white, lis.; 3 bushells of malt, 15s.; to brands, 5s.; keep- 
ing 5 Jades, Hi.; 7 foote and halfe of wood, 7s. 6d.; 1 bushel 
of wheat, 5s. 6d.; 1 bushel of malt, 5s.; 1 bushel of malt, 5s.; 
61i. of sope, 2s. 6d., 5 cord and 1-2 of wood, 21i. 4s.; 41i. 1-4 
of porke. Is. 4d.; 4 bushells of corne, 13s. 4d.; mending 2 
pitchforks, 2s.; mending of a warming pan, Is.; 3 weeks 
pastering, 4s.; mending a gredeyorn. Is.; 1 bushel of malt, 

t Autograph. 



346 IPSWICH QUARTERLY COURT [Mar. 

5s.; 2 bushels corn, 6s.; cord of wood & 1-4, 10s.; 3 shillings 
in money, 3s.; 1 cord & 7 foote of wood, 15s.; 2 bushell of 
corn, 6s.; axe steeleing & mending eye, 3s. 6d.; branding 
6 Jades & keeping, 12s.; 3 cord & 7 foote of wood, Hi. lis.; 
Hi. of sope, 6d.; 1-2 bushel malt, 2s. 6d.; 2 boards, 3s. 6d.; 

1 bushel malt, 5s.; 12 hoocks, 5s.; haspe for the gate, Is.; 
steelinge an axe, a helfe, 3s. 6d., 5 foote of wood, 5s., 6 foote 
of wood, 6s.; 6 foote of wood, 6s.; 27 shillings in money; 
30 shillings in money; 6 foote of wood, 6s.; 3 cord of wood. 
Hi. 4s.; 1 firkin of sope, Hi.; 20 shillings to the glasier. Hi.; 
8 bushels of Indian corne. Hi. 4s.; a quarter of beefe, 12011. 
at 3d., Hi. 10s.; by Mr. Phillip Cromwell, 401i. Is. lOd. Nov. 
4, 1669, 5 foote of wood, 5s.; 1 cord of wood, 8s.; 1-2 cord 
of wood, 4s.; 2 bushell of Ingon corne, 6s.; cow, 51i.; 2 bushell 
of malt, 10s.; one quarter of beife waying 14511., Hi. 17s.; 
6 foote of wood, 6s.; 2 cord of wood, 16s.; 3 bushells of white, 
16s. 6d.; firkin of sope, 18s.; 3 bushells Injon corne, 9s.; 

2 bushell Injon corne, 6s.; 2 bushell of Reiey, 8s.; two load 
of long wood, 10s.; 3 cord of wood, IH. 4s., a syde of pourke, 
65 lb.. Hi. Is. 8d.; one bushel of malt, 5s., 2 bushels of Injon 
corne, 6s.; 4 cord of wood, Hi. 12s.; paire of linck & twest, 
6s.; fire shovells, 8s.; 3 load of stones, 6s.; one bushell of 
white, 5s. 6d.; one load of hay, Hi. 10s.; 41i. of butter, 2s.; 
one cheese, 2s. 6d.; one quarter of felle, 5s.; one bushell of 
Injen corn, 3s.; one quarter of mutton, 4s. 6d.; 3 load of 
clay, 6s.; 2 load of gravell, 4s.; 2 cord of wood, 16s.; 81i. 
of beife, 2s. 8d.; 10s. in money, 10s.; 2 bushell of white, lis.; 

3 bushel of Rye, 12s.; 9 bushell of Indian corne, Hi. 7s.; 

1 quarter of mutton, 5s.; staples, Is.; 3 1-2 cord of wood, 
Hi. 8s.; 25 shillings in money. Hi. 5s.; English goods, 41i.; 

2 cord of wood, 16s. ; 5 bushel of Indian corn, 15s. ; 4 bushell 
of malt. Hi. On Jan. 20, 1670, for wood, Indian corn, malt, 
keeping jades, mending a forke, veal, lamb, wheat, a hoe, 
mutton, mending a skillet frame, pease, etc., 161i. On June 
20, 1673, frame of a wharf, 2H. 10s.; drawing the wharf to 
the place, 5s.; 3 men one day's work, 9s.; 2 men putting the 
anchors down, 4s.; wood, staples, lamb, malt, mutton, Indian 
corn, a cow, hooks, pork, fire shovel, soap, boards, stones, 
clay, crotch for your well, 3s., mending the bolt. Is., 12 nails 
and 3 posts, righting fences in south field, mending pair of 
tongs. Is. 6d., bail for a pail, shoeing your horse, 4s., etc., 
191i. 17s. 9d. 

Phillip Cromwell's* receipt, dated Mar. 2, 1668-9, to Capt. 
Nicholas Manning, upon account of widow Lord, for 7H. 
Sworn in court. 

Joseph Gatchell, aged twenty-eight years, testified that 
when he was apprentice to Mr. Richard Prince, deceased, 

* Autograph. 



1680] RECORDS AND FILES 347 

Capt. Nicolas Maning v. Joseph Gatchell. Defamation. 
Verdict for plaintiff. Defendant was ordered to pay a fine or 
make a public acknowledgment that he had wronged said 
Maning by accusing him of forgery. He made acknowledg- 
ment in court.* 



Nicholas Maning bought a red cow of Goodwife Lord, and 
Manning said he was never plagued with such an unruly beast. 
Sworn, 25 : 1 : 1680, before Edm. Batter,t commissioner in 
Salem. 

Abigaile Gray testified that about a year before her uncle 
William Lord died, Manning told him that his mare and colt 
had done some damage and he would buy them and pay 31i. 
Sworn, 25: 1 : 1680, before Edm. Batter, f commissioner in Salem. 

Joseph Gray testified that his father-in-law Manning bought 
the mare and she had a white place on her forehead. Sworn, 
25 : 1 : 1680, before Ed. Batter,! commissioner in Salem. 

Samuel Gardner, aged about fifty years, deposed that he 
heard Mrs. Abigail White own in court that which Capt. John 
Floyd and Edmond Bridges testified, that she had received 
441i. in money in lieu of 501i. in other pay of Capt. Manning. 
Sworn by Gardner and John Puttnam in court. 

William Bowditch, aged about thirty-nine years, deposed 
the same. Sworn, Mar. 26, 1680, before William Browne,t 
commissioner. 

*Writ: Capt. Nicholas Manning v. Joseph Gatchell; 
defamation, for saying that he forged some words in a testi- 
mony sworn by Joseph Gray before Mr. Browne in a case 
between William Lord, jr., and Capt. Nicholas Manning at 
the commissioners' court; dated Mar. 6, 1679-80; signed 
by Hilliard Veren,t for the court and town of Salem; and 
served by Peter Cheever,t constable. Bond of Wm. Godsoef 
and Wm. Lord, jr.f 

Joseph Gray, aged about twenty-seven years, testified that 
in the time of his apprenticeship with his father-in-law Man- 
ning, he saw the latter put a piece of lead on to the poise of a 
pair of stilliards when he was going to the north field to buy 
hay, and when he came home he took the lead off. The lead 
he nailed on was about a pound or more. The hay being 
brought in a cart, it stuck in the river so that the oxen were 
nearly drowned, and they had to unyoke them and let them 
swim ashore to save their lives. Sworn, 25 : 1 : 1680, before 
Edmund Batter,t commissioner in Salem. 

Jno. Maskell, jr., aged about twenty-five years, testified 
that when he was apprentice to Manning, etc. Sworn, 25 : 
1 : 1680, before Edm. Batter,! commissioner in Salem. 

t Autograph. 



348 IPSWICH QUARTERLY COURT [Mar. 

Thomas Searle, upon an appeal from a judgment of the 
dommissioners of Salem, had the former judgment confirmed, 
unless by Apr. 14, next he take the said oath. By a note 
from the Major General that he had taken the oath of tything- 
man, he had his money for the action returned.* 

Jeremiah Neale, upon an appeal from a judgment of the 
Commissioners of Salem, had the former judgment confirmed 
unless by Apr. 14 next he take the said oath. He took the 
oath in court. f 

*At a Commissioners court at Salem, Mar. 2, 1679, Leift. 
John Pickering, John Tomkins, John Loomes, Leift. Jeremiah 
Neale, Edward Woollen, Thomas Searle and John Rogers 
refused to take the oath as tythingmen and were fined. On 
20 : 11 : 1679, Leift. Leach, Henry Renalds, John Mascall, 
Symond Home, Thomas Jegells, Jonathan Walcutt and 
Thomas Gould took the oath of tythingmen, and Manasses 
Marston also, but with exception against that part of the 
oath referring to Quakers. Copy made by Hilliard Veren,| 
cleric. 

Thomas Searle appealed, Mar. 2, 1679-80, and gave bond 
with John Pumery and Ezekiell Waters as sureties. 

At a meeting of the Worshipful Major Wm. Hathorne and 
the commissioners of Salem, 13 : 11 : 1679, there appeared 
most of the tythingmen chosen by the selectmen, Leift. Rich- 
ard Leach, Jon. Loomes, Leift. Pickering, Manasses Mastone, 
John Home, Tho. Stacy, Hen. Renalls, John Mascall, Symond 
Home, Leift. Neale, Tho. Jeggells, Edwa. Woolan, Tho. 
Searle, Nathaniel Beadle, John Rogers, Samll. Archard, 
Tho. Goold and Jonathan Walcutt, and several of them 
desired some time to consider it before they took the oath. 
The meeting was adjourned for one week, and those who did 
not appear then, would be guilty of refusing to take the oath. 
Copy by Hilliard Veren,J cleric. 

Thomas Searle'sJ reasons of appeal: that he was appointed 
before the law was passed requiring tythingmen to pay a 
fine of 40s. for refusing to take the oath, etc. 

fJeremiah Neale'sJ reasons of appeal, that he was appointed 
before the law was passed requiring tythingmen to pay a 
fine of 40s. for refusing to take the oath, etc. 

Answer to Tho. Searle's and Jeremiah Neale's reasons of 
appeal: that they "very unworthily Reflect upon the Author- 
itie of the country as if they enacted Laws to ingadge persons 
to disloialty and breach of faith to his majestic and there 
insisting on such a plea is very pervers for they know that 

t Autograph. 



1680] RECORDS AND FILES 349 

Phillip English v. the estate of Rich. Hollingworth. Debt. 
Withdrawn. 

Phillip Grely v. Mr. Thomas Woodbridg. Debt. Verdict 
for plaintiff. Execution respitted.* 

we perswaded them for Removing all such scruples to take 
ther oth with this salvo: i.e. saving ther oth of Alegienc to 
his majestis & that we would soe enter itt — therfore noe 
Room for such a Cavill. . . . They Conceive that they 
are not to be Judged by the sivill law & we supose not by 
the Cannon law but leave it to yo'' hon" wise desission who 
we are Confident will Concider the parties which we Con- 
ceive are on the one side the Law & order of this Goverment: 
& on the other side persons y* herein show more of their wills 
then of Reason & Contienc." 

At the Commissioners' court, Mar. 2, 1679-80, Jeremiah 
Neale appealed and gave bond with William Trask and Thomas 
Flint, jr., as sureties. 

John Hathorne,t recorder to the selectmen, certified on 
Mar. 20, 1679-80, that at a meeting on Nov. 11, 1679, the 
Salem tythingmen were chosen, and that there had been 
none chosen since. 

Edward Wooland, aged fifty-six years, and Thomas Searle, 
aged forty-two years, testified as to Neale's refusing to take 
the oath. Sworn, 21 : 1 : 1680, before Wm. Hathorn3,t 
assistant. 

*Writ, dated Mar. 23, 1679-80, signed by Tho. Bradbury,! 
for the court and the town of Salisbury, and served by Joseph 
Pike,t constable of Newbery, by attachment of one black 
swine, three spotted swine and a broadax. 

Phillip Grelle's bill of cost, 21i. 10s. 

Bond, dated Nov. 9, 1673, given by Phillip Grelef of Sals- 
bery to Thomas Woodbridge of Newbery, in red oak pipestaves 
to be delivered at the hoghouse landing place at Salsbery. 
Wit: Nath. AVinsley.f Sworn at Newbery, Sept. 17, 1677,, 
before Jo. Woodbridge, f commissioner. 

Ephraim Wlnsley and Joseph Greenliefe deposed that last 
February they were with Greely at the house of Mr. Tho. 
Woodbridge, and Ensign Steven Grenleife and Mr. Davidson 
were also there when Woodbridge owned that he had received 
of Grenleife 50s. upon Grely's account which Woodbridge 
refused to settle. Sworn in court. 

Danll. Davison testified that being occasionally at Mr. 
Thomas Woodbridge's house in company with Mr. Phillip 
Grely, Ensign Greanelefe and Ephraim Winslow, etc. Sworn, 
Mar. 30, 1680, before Nath. Saltonstall,! assistant. 

t Autograph. 



350 IPSWICH QUARTERLY COURT [Mar. 

Mr. Rich. Dole v. Edward Clarke. Debt. Verdict for 
plaintiff, in wheat, malt and pork.* 

Mr. Rich. Dole v. Wm. Neeff. Debt. Verdict for plain- 

tiff.t 

John Pearson v. Mr. Phillip Nellson, Ezekiell Northend 
and Capt. John Johnson. Verdict for plaintiff. His division 
of land, six acres and a half and twenty-seven rods according 
to the town grant to be laid out within six daj^s.J 

*Writ, dated Mar. 2, 1679, signed by Nath. Saltonstall,§ 
associate, and served by Tho. Eatton,§ constable of Haverell, 
by attachment of the house and orchard of defendant. 

Bill of cost of Mr. Rich. Dole, sr.. Hi. 6s. 

Bond, dated Apr. 11, 1673, given by Edward Clarke§ of 
Haverhill to Rich. Dole of Newbury, for 8H. 5s., to be paid in 
wheat, barley or pork. Wit: Robert Ford§ and Jno. Dole.§ 
Sworn by said Dole before Nath. Saltonstall,§ assistant. 

fWrit, dated Mar. 24, 1679, signed by Nath. Saltonstall,§ 
assistant, and served by Thomas Eatton,§ constable of Haverell, 
by attachment of Spegot meadow belonging to defendant, 
which runs northward to a ''hash" tree, the warrant being 
left with Neef's wife, he not being at home. 

Mr. Rich. DoUe's bill of cost, Ih. 16s. 

Letter of attorney, dated Mar. 30, 1680, given by Richard 
Dole, sr.,|| of Newbury to Robert Lord, marshal. Ac- 
knowledged, Mar. 30, 1680, before Nath. Saltonstall,§ assistant. 

Bond, dated Apr. 22, 1672, given by William (his mark) 
Neff of Haverhill to Richard Dole of Newbury, for 201i., to 
be paid in white oak heading, two feet, three inches in length, 
and hogshead staves at Hi. 17s. per M. to be delivered at 
Haverhill. Wit: Jno. Dole§ and Thomas Lowle.§ Sworn, 
18 : 9 : 1672, before Daniel Denison.§ 

I Writ: John Pearson, jr. v. Mr. Philip Nelson, Ezkiel 
Northend and Capt. John Johnson, lot layers of Rowley, to 
lay out a third part of men's rights at the eastward of the 
town who had no right in the ox-pasture; dated Mar. 25, 
1680; signed by Thomas Leaver, § clerk of the writs for the 
town of Rowley; and served by Jeremiah Els worth, § constable 
of Rowley, by attachment of houses of defendant, also town 
land on the west of the way leading to the mill. 

John Pearson's bill of cost, 2U. 8s. lOd. 

Copies from Rowley town book of records made by Joseph 
Boynton,§ keeper of the book: 

"At a Legal! Towne meeting held the 24**^ of february 1673 
it was agreed & voated that the Towne common should be 
divided to the value of two thirds of it or their abouts; be it 

§ Autograph. 1 1 Autograph and seal. 



1680] RECORDS AND FILES 351 

mors or less (viz) that is that to every gate on the Common 
their shall bee laid out two Acers: to every twenty shillings 
of the last yeare ministry rate on everj^ person in the Towne 
& so proportionablj'" to lesser or more foure acers and to every 
inhabitant that keepes a house & payes rates two Acers: 
the persons paying Rates & keeping houses is to bee under- 
stood such whose habitation is situate within the five miles 
that is accounted Towne Common also inhabitants keeping 
houses are to be understood freeholders & such whose houses 
are at present inhabited, this voate passed on the affirmative 
by the maio'' part. 

"At a Legal) Towne meeting held 23"^ of march 1673 it 
was Agreed & voatted that the Quantity of land propounded 
to bee divided is hereby declared to bee doubled according 
to the rules above mentioned, this passed on the Affirmative. 

"At a Legall Towne meeting held the IS*'' of Decemb. 1674 
it was voated & Agreed that they that have noe right in either 
end oxe pasture should come in for one third part of their 
Right due unto them According to the last yeares Grants in 
the first land that is divided. 

"At a Legall Towne meeting held 1 of Jenuary 1677 it 
was Agreed & voated that M^ Nelson Richard Swan, Ezekiell 
Northin are chosen to view the land & to lay it out to those 
men that are by grants in the Towne Booke to have the third 
of their proportion & thomas Tenny & William Tenny is to 
ioyne with them to see where it shall begin & where to find 
what is wanting to make up the sume." 

"At a legall Towne meting held the 15 of december 1674 
it was agreed and voted that that part of the comon within 
the five miles that is left undiuided after that the grants for 
a diuision of the comons that were granted the last year are 
fully satisfyed acording to the proportions their in expressed 
unto euerj^ man therin concerned that then the Remainder of 
the land within the said fiue miles should be and so Remaines 
to be a fre comon to all these and their heirs that haue a pres- 
ent Right in the said diuision acording to their owne proper 
Right or intrest by house gates or estates onely those that 
haue the number of six gates and upwards and at present 
haue but one house or by the said grants liberty but for one 
frehold at present may haue liberty for one frehold more 
when they haue ocasion to build another house as those of 
fewer gates haue done before these grants and theirby haue 
gotten the benefit of two freholds and if their be any other 
cases worthy of tender consideration it shall be in the power 
of the selectmen to consider of them: this voted passed on 
the affirmative by a maior part of the Towne." Copy made, 
Mar. 26, 1679, by John Johnson.* 

* Autograph. 



352 IPSWICH QUARTERLY COURT [Mar. 

Hugh Lattimore v. Richard Hare. For goods in the hand 
of Philip Parson. Verdict for defendant.* 



William Tenny,t keeper of the ministry book, certified that 
John Person, jr.'s, ministry rate for 1672 was Hi. 2d. 

John Person, sr., aged about sixty-five years, testified that 
his son John was an inhabitant of Rowley and lived in the 
house he gave him when the town made the division of land, 
also he owned two gates in the cow common which he also 
gave him. Sworn in court. 

John Pickerd, sr., and Daniell Wickcum testified that John 
Person, jr., is one who ought to have a third part of his rights 
laid out in the first division of the first divided land. Sworn 
in court. 

John Johnson, t Philip Nellsonf and Ezekiel Northendf 
laid out on Apr. 6, 1680 to John Pearson, jr., to satisfy judg- 
ment, six acres and a half of land and twenty-seven rods 
according to town grants, on the mill hill a little above the 
house of John Baly, bounded on the northeast corner by a 
great white oak standing in Newbury line, the southeast 
corner by a heap of stones, southwest corner by a black oak 
and heap of stones, northwest corner by a white oak stump, 
which is the corner bound of John Bayly's land, and bounded 
on the north by Newbury line, east and south by common 
land and west partly on common land and John Baly's 
land. 

*Writ: Hugh Lattemore v. Mr. Richard Hares, who had 
goods in the hands of Mr. Phillip Parsons; debt, for services 
two months, being boatswain of the ship Margaret of which 
said Hares was master, which ship w^as driven ashore at Nan- 
tascott on Dec. 23, 1679; dated Mar. 4, 1679-80; signed by 
Moses Mavericke,t for the court and the town of Marblehead; 
and served by Thomas Haknes,t constable of Marblehead, 
by attachment of one piece of serge and two pieces of stuff. 

Thomas Mander, aged about twenty-eight years, testified 
that Hare shipped Lattemore on Dec. 24, as boatswain, etc. 
Sworn, 8:1: 1679-80, before Edm. Batter,t commissioner in 
Salem. 

Henry Williams, aged about forty-four years, deposed that 
he carried the summons to Hare's lodgings, but he refused to 
hear it read, and on the next day he called again and a woman 
who was in the house said Hare had burned it. Sworn in 
court. 

Hugh Lattemore, aged about twenty-three years, deposed 
that he was shipped to help get the vessel off the shore from 
Point Alderton for 40s. per month. He worked for him 

t Autograph. 



1680] RECORDS AND FILES 353 

Frances Quilter, widow and relict of Marke Quilter v. 
Larrance Clenton. Debt. Nonsuited. 

John Staniford v. John Killam. Debt. Defendant ac- 
knowledged judgment to plaintiff in pork and corn. 

Richard Kimball acknowledged judgment to John Staniford 
in corn. 

Joseph Gatchell acknowledged judgment to Mr. Phillip 
Cromwell. 

Lift. John Ossgood had his license renewed for a year. 

Ezekiell Woodward had his license renewed for a year, also 
his license for liquors. 

John March was granted a license to keep ordinary at 
Newbury for a year, also to draw wine and liquors. 

John Bullock was licensed to keep a cook's shop and to 
draw beer and cider for a year.* 

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

John Mighill had his license renewed for a year. 

John Severns had his license renewed for a year. 

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

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



two whole months and brought the ship to Boston. Sworn, 
29 : 1 : 1680, before Edm. Batter,t commissioner. 

Christopher Lattemore, aged about sixty years, testified 
that meeting with Mr. Richard Hare at Capt. Marshall's, etc. 
Sworn, Mar. 26, 1680, before Moses Mavericke,t commissioner. 

*John Bullocke was impressed into the country's service 
against the Indians and was "sorely wounded to the very 
greate hazerd of his liffe; and being thereby disabled from 
gitting a livelihood for himselfe much more for a famylye 
in any Labourious Calling, hee still remaineing a Creeple and 
under greate & greuious affliction by that meenes. The 
Consideration wheare of hath moued our harts nott only to 
pittey him, butt also to Consider of some waye sutable for 
one in that distressed Condiccion wheareby hee may bee 
able to gitt a liueing, And nott discourage him and others 
that may bee called forth upon searvice for there Country 
heareafter," etc. Copy from the Salem town records, 9:11: 
1679, made by John Hathorne,t recorder. 

t Autograph. 



354 IPSWICH QUARTERLY COURT [Mar. 

Peeter Cheny had his license renewed for a year. 

Nathan Webster being attached to this court by Benjamin 
Kemball, and no action entered, was allowed costs.* 

Upon information made to this court that by virtue of an 
execution against Mr. Richard HoUinworth obtained by 
PhiUip Inglish, that it was levied upon an estate of land sup- 
posed then to be HoUinworth's, which Mr. John Browne had 
challenged and holds by a deed from another man, and Phillip 
Inglish moving for a renewing of the execution for so much 
as remains, court granted it. 

Mrs. Elizabeth Paine, administratrix and relict of John 
Paine, deceased, brought in the receipts of all the creditors 
that they had received their pay. 

Nathaniell Walderne chose Walter Fairefield as his guardian. 

Phebe Newmarsh was fined upon her presentment. 

Upon request of the selectmen of Ipswich that John Sparke's 
license for an ordinary include retaihng wine and liquor and 
any other sort of drink according to law, court granted the 
request and renewed his license for a year. 

Court appointed Capt. Saltonstall to take account of Mr. 
Dalton's treasurership, and report to court. 

Walter Roper was released from training, without paying 
anything for the future. 

Mary Marchant, widow, dying intestate, court granted 
administration to Henry Osborne, who was to administer 
according to a paper declared to be her mind, the land to 
stand bound. 

Benjamin and Hanah Pearson were fined for fornication. 

John Sandy was fined for fornication, and for marrying 
without being published. 

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

John Simons and Joseph Bayly of Bradford took the free- 
man's oath. 

*Writ: Benjamin Kimball v. Nathan Webster; for coming 
upon that land in Bradford which he bought of Hugh March, 
formerly John Griffin's, claiming it as his own; dated Mar. 23, 
1679; signed by Nath. Saltonstall, assistant. Copy made 
by Samuell Webster,t constable. 

t Autograph. 



1680] RECORDS AND FILES 355 

Court referred the case of Roger Darbye to the next session. 

In the case of Abell Powell, court found some suspicion and 
ordered him to pay charges, which was left to Mr. Jo. Wood- 
bridge.* 

*0n Dec. 3, 1679, before Jo. Woodbridge,t commissioner, 
Caleb Powell being complained of for suspicion of working 
with the devil to the molesting of Wm. Morse and his family, 
had his case continued until Dec. 8, when said Morse gave 
bond to prosecute him before the next Ipswich court. 

Sarah Halle, aged about thirty-three years, and Joseph 
Mirick, aged about nineteen years, affirmed that John Moores, 
boatswain of the vessel in which Joseph Dole was master, and 
Caleb Powell, mate, had often said in their hearing that if 
there were any wizards he was sure that Caleb Powell was 
one. He said this in their house. Sworn, Feb. 27, 1679, 
before Jo. Woodbridge,t commissioner. 

Wm. Morse and his wife, both aged about sixty-five years, 
testified that "Thursday night being the 27**^ day of Nov. 
we heard a great noyse without agt the house: wherrupon 
my selfe & wife lookt out & saw no body, & the boy all this 
time with us, but we had stones & sticks throwne at us that 
we were forced to retire into the house againe, afterwards 
we went to bed & the boy with us, & then the like noyes was 
upon the roofe of the house. The same night about mid- 
night the doore being lockt when we went to bed, we heard 
a great hog in the house grunt & make a noyse, as we thought 
willing to gett out & that we might not be disturbed in sleep 
I rose & let him out & I found a hog in the house & the doore 
unlockt the doore was firmely lockt when we went to bed. 

The next morning a stick of hanging in the chimney, 

they were throwne out of their place & we hanged them up 
againe, & they were throwne downe againe & some into the 
fire. 4. The night folowing I had a great awle lying in the 
window, the w^'^ awle we saw fall downe out of the chimney 
into the ashes by the fire. 5. After this I bid the boy putt 
the same awle into the cupboard, w*'^ we saw done & the doore 
shutt too: this same awle came presently downe the chimney 
againe in o"" sight & I tooke it up my selfe againe, the same 
night we saw a little Indian baskett that was in the loft before 
come downe the chimney againe: & I tooke the same baskett 
& put a piece of brick into it, & the baskett with the brick 
was gone, & came downe againe the third time with the brick 
in it, & went up againe the fourth time & came downe againe 
without the bricke: & the brick came downe a little after. 
6. The next day being Saturday, stones, sticks & pieces of 

t Autograph. 



356 IPSWICH QUARTERLY COURT [Mar. 

bricks came downe so that we could not quietly dresse o"" 
breakfast & sticks of fire also came downe at the same 
time. 

"7. That day in the afternoone my thread 4 times taken 
away & came downe y" chimney againe my awle & gimlett 
wanting came downe the chimney againe my leather taken 
away came downe the chimney: againe my nailes being in 
the cover of a firkin taken away came downe the chimney 
Againe the same night the doore being lockt a little before 
day hearing a hog in the house I rose & saw the hog to be 
mine, I lett him out. 8. The next day being sabbath day, 
many stones & sticks & pieces of bricks came downe the chim- 
ney: on the munday m'' Richardson & my brother being 
there, the frame in my cowhouse they saw very firme. I 
sent my boy out to skare the fowles from my hogs meat: he 
went to the cowhouse & it fell downe my boy crying with 
the hurt of the fall: in the afternoone, the potts hanging 
ouer the fire did dash so vehemently one agt the other: we 
sett downe one that they might not dash to pieces: I saw the 
andiron leap into the pott & dance & leap out, & againe leap 
in & dance & leap out againe & leap on a table & there abide, 
& my wife saw the andiron on the table: also I saw the pott 
turne it selfe over & throw downe all the water: againe we 
saw a tray with wooll leap up & downe & throw the wooll 
out & so many times & saw nobody medle with it: againe 
a tub his hoop fly off of itselfe & the tub turne ouer & nobody 
neere it: againe the woollen wheele turned upside downe 
& stood up on its end, & a spade sett on it: Steph. Greenleafe 
saw it, & my selfe & my wife; againe my rope tooles fell downe 
upon the ground before my boy could take them being sent 
for them, & the same thing of nailes tumbled downe from the 
loft into the ground & nobody neere. Againe my wife & boy 
making the bed, the chest did open & shutt the bed cloathes 
would not be made to ly on the bed but fly off againe. Againe 
Caleb Powell came in & being affected to see o'' trouble did 
promise me & my wife that if we would be willing to lett him 
keep the boy we should see ourselues that we should be never 
disturbed while he was gone with him: he had the boy & had 
bin quiet euer since." 

Tho. Rogers and George Hardy being at Wm. Morse's house 
aflarmed that "the earth in the chimney corner moued & scat- 
tered on them: that Tho. Rogers was hitt with somewhat, 
Hardy with an Iron ladle as is supposed Somewhat hitt 
Wm. Morse a great blow but it was so swift that they could 
not certainely tell what it was, but looking downe after they 
heard the noyse they saw a shoe. The boy was in the corner 
at the first, afterwards in the house." 

Mr. Richardson on Saturday testified that a board flew 



1680] RECORDS AND FILES 357 

against his chair and he heard a noise in another room which 
he supposed in all reason to be diabolical. 

Anth. Morse affirmed that he saw the board before tacked 
with nails to the window, but his evidence was drawn at 
large by himself. 

John Dole saw a pin and stick of candlewood fall down and 
a stone and a firebrand, but he did not see which way they 
came until they fell down by him. 

John Tucker affirmed that the boy was in one corner and 
he saw no motion in him. 

Elizabeth Titcomb affirmed that Powell said that he could 
find the witch by his learning if he had another scholar with him. 

Steph. Greenleafe and Edw. Richardson affirmed. 

Jo. Tucker affirmed that Powell said he saw the boy throw 
the shoe while he was at prayer. 

John Badger affirmed. 

Jo. Emerson affirmed that Powell said he was brought up 
under Norwood and it was judged by the people there that 
Norw^ood studied the black art. 

Wm. Morse and his wife further testified "we saw allso a 
keeler of breade turne ouer agt me & strucke me not any 
being neere it & so ouerturned. I saw a chaire standing in 
the house & not any body neere it did often bow towards me 
& so rise up againe. My wife allso being in the chamber the 
chamber doore did violently' fly together not anj^body being 
neere it. I also saw an Iron wedge & spade was flying out of 
the chamber on my wife & did not strike her. Mj^ wife going 
to the cellar a drum standing in the house did rowle ouer the 
doore of the cellar & being taken up againe the doore did 
violently fly downe againe. M}^ barnes doore 4 times un- 
pinned I know not how. I going to shutt my barne doore 
looking for the pin the boy being with me (as I did judge) 
the pin coming downe out of the aire & did fall downe neere 
to me. Again Caleb Powell came in as before sayd & seing 
our spirits very low by y^ sense of o'' great affliction began to 
bemoane o'' condition & sayd thet he was troubled for o"' 
affliction, & sayd thet he had eyed this boy & drawed neere 
to us with great compassion, poore old man, poore old woman, 
this boy is the occasion of j^our griefe, for he hath done these 
things & hath caused his good old grandmother to be counted 
a witch, then said I how can all these things be done by him, 
sayd hee, all though he may not haue done all yet most of 
them, for this boy is a young rogue, a vile rogue, I have watched 
him & see him do things as to come up & downe. Caleb 
Powell also sayd he had understanding in Astrology & Astron- 
omy & knew the working of spirits, some in one country, & 
some in another & looking on the boy sayd you young rogue 
to begin so soone Goodman Morse if you be willing to lett 



358 IPSWICH QUARTERLY COURT [Mar. 

me haue this boy, I will undertake you shall be free from 
any trouble of this kind while he is with me: I was very un- 
willing at the first & my wife, but by often urging me to it 
he told me whither & what imploymt & company he should 
goe, I did consent to it & this was before Jo. Badger came: 
& we haue bin freed from any trouble of this kind euer since 
that promise made, on munday night last to this time being 
friday in the afternoone: then we heard a great noyse in the 
other roome oftentimes, but looking after it, could not see 
any thing: but afterwards looking into the roome we saw a 
board hanged to the presse: then we being by the fire, sitting 
in a chaire, my chaire would not stand still but ready to throw 
me backward often times: afterward my cap allmost taken 
off my head 3 times: againe a great blow in my polle, & my 
catt did leap from me into the chimney corner: presently 
after this catt was throwne at my wife: we saw the catt to 
be ours, we putt her out of the house & shutt the doore: pres- 
ently the catt was throwed into the house: we went to goe 
to bed suddenly my wife being with me in bed the lamp light 
by o^ side my catt againe throwed at us 3 times jumping away 
presently into the floore, & one of those times, a red wastcoat 
throwed on the bed, & the catt wrapped up in it: againe the 
Lamp standing by us on the chest, we sayd it should stand 
& burne out, but presently was beaten downe & all the oyle 
shed, & we left in the darke: againe a great noyse a great 
while very dreadfull: againe in the morning a great stone 
being 6 pound weight did remoue from place to place we saw 
it: two spoones throwed off the table, & presently the table 
throwed downe: & being minded to write my inkhorne was 
hid from me, w<=^ I found couered with a rag, & my pen quite 
gone: I made a new pen & Avhile I was writing one eare of 
corne hitt me in the face & firesticks & stones throwed at me 
& my pen brought to me while I was writing with my new 
pen, my Inkhorne taken away & not knowing how to write 
any more, we looked under the table, & there found him, & 
so I was able to write againe: againe my wife her hatt taken 
from her head sitting by the fire by me the table allmost 
throwne downe againe, my specticles throwne from the table 
& throwne allmost into the fire by me & my wife & the boy: 
againe my booke of all my accounts throwne into the fire 
& had bin burnt presently if I had not taken it up: againe 
boards taken off a tub & sett upright by themselves & my 
paper do what I could hardly keep it while I was writing 
this relations & things throwne at me while a writing pres- 
ently before I could dry my writing a monmouth hatt rubbed 
along it but I held so fast that it did blott but some of it: 
my wife & I being much affraid that I should not preserve it 
for the publike use did thinke best to lay it in the bible, & it 



1680] RECORDS AND FILES 359 

Wm. Hooper dying intestate, court granted administration 
to Elizabeth, the widow, and there being three children alive, 
and other in prospect, and an inventory of 951i. brought in, 
court ordered 81i. to the eldest son, 41i. to each of the other 
three, the land to be bound for security. If any died, the 
others were to receive their share. 

John Harris dying intestate, court granted administration 
to Homer Hall and Lewis Lafort to bring in an inventory* 
to the next court. 

lay safe that night, againe the next I would lay it there againe 
but in the morning it was not there to be found, the bag hanged 
downe empty, but after was found in a box alone: againe 
while I was writing this morning, I was forced to forbeare 
writing any more I was so disturbed with so many things 
constantly throwne at me." 

John Badger affirmed that Morse said he could find out by 
astrology or astronomy whether or no there were diabolical 
means used, etc. 

Mary Tucker, aged about twenty years, deposed that 
Powell told her in her house that coming to Morse's house, 
and the old man being at prayer, he thought it not fit to go 
in, but looked in at the window. He said he had broken the 
enchantment for he saw the boy play tricks while Morse was 
at prayer, flinging a shoe at Morse's head, etc. Mary Richard- 
son afl5rmed the same. Sworn, Mar. 29, 1680, before Jo. 
Woodbridge,t commissioner. 

Anthony Mores testified that occasionally being at his 
brother's house he was a witness to the things which had 
happened there. Sworn at Newbury, 8:9: 1679, before 
Jo. Woodbridge.f 

*Inventory of the estate of John Harris, cooper, taken 
Mar. 27, 1680, by Richard Walkerf and Abraham Tiltonf: 
A bung boarer and two shaveing Knives, 10s.; A Crissiff, 
7s.; a Round shave, 6d.; an Ax, 8s.; two Adses, 12s.; A 
heading knife and howell, 4s. 6d.; three compasses, 6s.; two 
Crowsing Irons, 3s.; two breast Wimble Stocks and a head 
Pullee, 3s.; Chalk, Is. 4d.; three neckcloths, 14s.; other linnen, 
4s.; two shirts and an old neckcloth, 5s.; Woolen Clothes and 
Stockins and an old pr. of shooes, 8s.; a hatt, 2s.; a chest, 
10s.; a Pike Staff, 2s. 6d.; Trusse hoops and other hoopes, 
5s.; four yards of Cloath and four dozen of buttons. Hi. 4s.; 
Woollen Clothes, 10s.; Stockins, 8s. 6d.; Neck clothes and 
other Linnen, 5s. 3d.; Gloves, 9d.; a shirt, 4s. 6d.; shooes, 
hat & Apron, 9s.; a Comb Knife and Steel, Is. 3d.; Ribbin, 

t Autograph. 



360 IPSWICH QUARTERLY COURT [Mar. 

A bill of cost out of the estate of five pounds to Hanah 
Audway. 

John Peabody was sworn constable for Rowley Village, and 
Joseph Willson and Joseph Robinson, constables for Andover. 

Samuell Balch, Jo. Herrick of Beverly and Sam. Dodge of 
Wenham took the freeman's oath. 

John Wheeler and his wife were fined for fornication. 

Upon complaint of Nath. Browne against Samuell Lomas, 
the latter was fined and released of his bond for good behavior. 
Said Browne was advised to carry himself moderately.* 

a purse, Is. lOd.; in money, 2s.; 1000 of Staves, Hi. 10s.; 
Debts upon the booke due to the estate, 71i. 19s. 2d.; total, 
181i. Id. Debts due out of the estate, 71i. 19s. 3d, 

Richard (his mark) Hutton and John Knoulton, sr.,t being 
desired by Hannah Ardway to bring in a bill of what she had 
expended upon a 3'oung man named John Harris who was 
wholly upon her hands for meat, drink, washing and lodging 
for nine weeks in a very sad, helpless and noisome condition, 
brought in a bill of 9s. per week, amounting to 41i. Id.; for 
expense of the doctor, 4s.; twice going to Salem, 4s.; for 
Linnen spent about his sores, Is.; John Severy providing the 
cofl&n and digging the grave, 10s.; total, 51i. 

Elizabeth Graves, aged thirty-nine years, testified that 
being at Lewe Leford's house, John Harise, lately deceased, 
came into the house and said to Lewe's wife, "Cozen, cozen 
Janne: I will now tell you how you came to be a kinn to me. 
youre fath'' and my Fath' ware owne Brothers for I haue now 
sartaine inteligenc by a leter from my fath'':" He showed the 
letter, and often came to the house. 

John Dane testified. 

*Warrant, dated Mar. 12, 1679, for the appearance of Samuel 
Lummas upon complaint of Nathaniel Browne for assault on 
the highway whereby he was cut by an ax, also for threatening 
other neighbors and abusing them, signed by Daniel Denison,t 
and served by Thomas Knoulton, f deputy for Nath. Rust,t 
constable of Ipswich, who also summoned as witnesses, Mrs. 
Richar Hubard, Goodman Roaper, Goodman Dafison, Good- 
man Tomson, Mark Graves, sr.. Lues Wilford, Steven Sawyer, 
John Loufern, Hana Amarson, Judy Browne and John Browne. 

John Colborne testified that he, Nathaniel Browne and 
Joseph Annaball went about five weeks since to Chebacco for a 
load of hay for Goodman Graves and did not hear Browne 
say a word against Lummus, onl}^ deponent told Browne that 
Lumass had threatened to kill his pigs if they came upon his 

t Autograph. 



1680] RECORDS AND FILES 361 

land, and Browne said he would probably do it as he was a 
malicious fellow. Sworn in court. 

John Colborne testified that when he was sledding timber 
for Mr. Quarles, he and Browne were together all day and 
deponent said that Lummus was always abusing him, calling 
him jack-a-napes and loggerhead, to which Browne answered 
"that is his practice, it is well he did not strike you." Sworn 
in court. 

Nathaniel Browne's complaint: that on Mar. 15 in the 
evening he was going in the highway toward Mr. Hubbard's, 
when he met Samuel Lumasse and asked why he was always 
abusing him. Lumasse stepped up to him and said "you 
Rougue you I will tell you the Reason," and took his ax off 
his shoulder, wounding him in the face. Asking again what 
he meant, replied he, "why you Cowardly Rougue you because 
you and Walker Swore awaj^ from me tenn bushels of Corne," 
etc., calling Walker devilish. He asked him if he was not 
ashamed to compare honest men with the devil; he said, 
"honest men, they are members indeed but the deuell is in 
their hearts," etc. 

Daniel Davison complained that when he went to Lumass' 
house to complain of the damage his swine had done in his 
corn, Lumass called him a Scotch rogue, and told him to get 
out of his ground or he would knock him down, he having a 
ten pound rock in his hand. 

Alexander Tomson heard Lumase at Graves' house call 
Davison a limb of the devil, saying that all the Scotchmen 
were hypocrites and devils. 

Lewis Luffortt testified. 

Stephen Sawyer and John Loverin, both aged about seven- 
teen years, deposed concerning the meeting of Browne and 
Lummus. 

Joanna Emerson deposed that, being at Lummus' house, 
she heard him say that if Colborne came there to chop wood, 
he would chop him or his oxen and told her to tell him so. 

Mark Graves and Lewis Luffortt testified that Browne 
came into Mr. Hubberd's house with his face cut and handker- 
chief very bloody. Luffortt said that he was at Capt. Whiple's 
farm to grind his ax and helped Lummass to grind his, and 
later he saw him going by his house homeward with an ax over 
his shoulder. 

Daniel Davison heard Browne complain at Edmund Potter's 
house to John Deane about his leg which he had hurt with a 
stick while sledding, etc. Lummus mocked Browne by 
speaking through his nose for which some rebuked him. 
Sworn, Mar. 12, 1679, before Daniel Denison.* 

Nathaniell Browne's* complaint to the Ipswich court. 

* Autograph. 



362 IPSWICH QUARTERLY COURT [Mar. 

Mr. Jeremiah Hobart was fined upon his presentment.* 

Joseph Anaball, aged twenty-one years, deposed. Sworn 
in court. 

Mathew Anable, aged about twenty-five years, deposed. 

Jno. Lee, aged about thirty-four years, testified that he 
was riding along the Bay road toward Wenham and when he 
came to Mr. Richard Hubberd's house, he heard loud voices 
and stopped his horse. He recognized the voices of the two 
men, and went to Lummus' house and waited till he came 
home. Sworn in court. 

Mary Whipple, aged about twelve years, deposed that she 
saw the fight when she was between Hubberd's and Tilton's 
houses. 

Nathaniell Brown, aged about twenty-nine years, testified 
that Lummus abused him when his brother John Browne was 
with him. 

John Browne deposed that Lummus was so wicked, lazy 
and careless with his creatures and had so much of the devil 
in him that he was a great affliction to those who lived near 
him. Sworn, Mar. 12, 1679, before Daniel Denison.f 

Samuell Abye, aged about thirty-one years, and Thomas 
Abye, aged about twenty-four years, deposed. Sworn in court. 

Margret Davison, aged about forty-seven years, testified 
that Lummus held an ax over her head when she was talking 
with him on some business. He told her she told lies, and 
if she went to heaven, he wished he might never go there. 
Sworn in court. 

William Quarells, aged about thirty-three years, and Sew- 
sanah Batten, aged about fifteen years, deposed concerning 
the fight at Hubberd's hill, etc. Sworn in court. 

*William Averall testified that upon Topsfield town meeting 
day near night after the meeting, several of the neighbors 
went up to Mr. Huberd's, and deponent noticed that he 
was displeased with the town for not accepting the prop- 
ositions he had made to them. There was some mention 
made of the parsonage and Mr. Hubberd said "I would that 
parsonage ware a fire and som of them int." To which de- 
ponent "made soe bould as to Reply: Sir: I hope you doe 
not spake now Just as you thinke." Sworn in court. 

Isaac Cumins, sr., deposed that Mistress Huberd replied 
to William Averall, "Noe, he Does not mean soe." Sworn in 
court. 

Joseph Towne and Micall Donill deposed that Mr. Huberd 
said at Towne's house that the town would never have a 
quiet town meeting until they had given him half the parson- 
age. Sworn in court. 

t Autograph. 



1680] RECORDS AND FILES 363" 

John March complained against John Webster of Newbury 
for altering a warrant granted by Mr. Woodbridge to his 
prejudice. 

Henry Jaquis made oath that he was attached to answer 
Rich. Kent at this court, showing a copy of the attachment, 
upon which he was allowed costs.* 

John Emery was abated upon his petition. 

Walter Fairfield being bound to bring Sarah Needham into 
court, and not appearing, court declared his bond forfeited, 
and upon petition of said Fairfield, his bond was moderated. 
Richard Button was allowed costs. 

Joseph Mirack, complained of for stealing a sheep from 
John Bartlett, owned it in court and was ordered to pay treble 
damages and to be whipped or pay a fine to the constable of 
Newbury. 

Upon a general complaint of a stop by a gate set up at 
Newbury bridge, court appointed Capt. John Appleton, Mr, 
Rich. Dummer and John Pickard to treat with Thomas 
Thurill about the bridge near the said Thurill's house to see 
what he has laid out in repairs and report at the adjournment 
of this court, Capt. Appleton to appoint the time. 

Abraham Perkins certified that Mr. Hubbard and he were 
agreed that if the court had not given to him the 33s. which 
were respitted, the last respitting of that judgment being 
entered in the close of it till the court take further order, the 
court declared that that was not giving it to him. 

Court being sensible of the mischief that had been done by 
horse racing and to prevent further mischief, ordered that 

John Franch and Pheby Franch deposed that being at 
the dwelling house of Mr. Jeremiah Houbard, and having 
much discourse about the synod meeting and church affairs 
and power, deponent told him that if he had told them that 
he had been of that mind before he was ordained, he would 
never have been ordained in Topsfield. Then Mr. Houbard 
spoke cursing words "and wished the pox had you and all that 
were of your mind." Sworn in court. 

*Copy of writ: Richard Kent of Newbery v. Richard 
Dole, sr.; trespass, for carrying away his hay, claiming title 
to his land; dated Mar. 11, 1679-80; signed by Jo. Wood- 
bridge, commissioner. 

Bill of cost, five men going to Plum Island to see the bounds,, 
etc. 



364 IPSWICH QUARTERLY COURT [May 

the persons hereafter convicted for running races upon horses 
or jades in the streets of Ipswich, or for abetting and encour- 
aging others or laying wagers on any side, should pay 40s. 
each time. 

Upon a petition from Topsfield as to who should appoint a 
place for keeping the town stock of ammunition, court judged 
that it was the chief officer's place to do it. 

Returned by Mr. Woodbridge: Tho. Tewksbury, for a 
rescue was fined 40s. 

Roger Darby and his wife complained against Sam. Dutch 
and Jo. Dutch, also Mary, wife of Robert Dutch, sr., upon 
suspicion of stealing some goods, and it was left to the next 
session of the court. 

Court held at Ipswich, May 4, 1680, by adjournment 

Zacheus Perkins, being brought before this court for bur- 
glary in breaking up Tho. Maule's shop and stealing several 
times from others, and confessing, was ordered to pay 2501i. 
and the goods to Maule; 241i. to Mr. Batter of Salem, and 
the remnant of black double prunella seized by the constables; 
to Michall Donnill, three bushels of wheat, four and a half 
bushels of barley, and a half bushel of Indian corn; to Good- 
man Robison of Topsfield, 15s. in money and the gold ring 
found with him; to Mr. Joseph Whiting, 30s. in money and 
the return of the silver cup stolen; to John Redington, 9s. 
For his burglary, said Perkins was to be branded upon the 
forehead with the letter B, as the law determines, and for his 
theft from Mr, Batter, it being above 10s., he was to be openly 
whipped. For his other thefts he was fined 51i. He was to 
be whipped and branded on the 6th instant, immediately 
after lecture.* 

*Search warrant, dated Apr. 8, 1680, for goods of Thomas 
Maul of Salem which were stolen from him, signed bj^ Daniel 
Denison.f 

Thomas Maule's bill of cost for searching for the goods. 

Mr. Batter's bill of cost, 16s. 

Letter of attorney, dated Apr. 29, 1680, given by Joseph 
Whitingt of Lynn to Mr. John Gould of Topsfeild. Wit: 
Andrew Mansfeildf and Joseph Far.f 

Thomas Mawle and wife Naomy testified 13 : 2 : 1680 

t Autograph. 



1680] RECORDS AND FILES 365 

that the night before election in 1679 their shop was broken 
into. They had on hand lOOH. worth of choice goods, which 
were stolen. Affirmed ''in ye presence of him who made all 
things & knowes all things: before whom wee must give 
account of all things," before Wm. Hathorne,* assistant. 

Hannah Sibbley, aged about seventeen years, and Jonathan 
FHnt, aged about sixteen years, deposed, 13 : 2 : 1680, they 
then being servants to Thomas Mawle, that they had several 
hundred pounds' worth of new goods in a pile and when they 
went to bed about nine o'clock they left them in the shop. 
The goods were silks, ribbons, cambriques, hollands, fine 
serges, etc. Sworn, 25 : 2 : 1680, before Wm. Hathorne,* 
assistant. 

Invoice of stolen goods: 4 yds. of rich dukape at 12s., 21i. 
8s.; 4 yds. of ditto dukape, at 12s., 21i. 8s.; 7 yds. of Cam- 
brick, and 1 M 3-4 pins at 3s., Hi. 2s.; 8 yds ditto Cambrick, 
Hi. 18s.; 2 1-4 yds. of holan and 2 yds. of galum, 10s. 6d.; 
4 yds. of locaram, 13 yds. galum, 10s. 3d.; 1 3-4 yds. of locaram, 
11 yds. galum, 5s.; 2 1-2 yds. of kors ditto hollan and 6 knives, 
8s.; Cambrick, Hi. 10s.'; 8 yds. fine white foustoun, 10s.; 
17 1-2 yds. mix prenelah and 3 doz. silver bottons. Hi. 16s. 6d.; 
13 1-4 yds. Camlet and 3 1-2 gros gimp buttons, Hi. 10s.; 
6 1-2 brod shearg salune, 1 koman kaces, 18s. 6d. ; 4 yds. of serge, 
9 pare of gloves, 15s.; 5 yds. porstotana and bondle of silk, 
12s.; 2 yds. 1-2 of black prenelah and 1 knif, 5s.; 2 1-2 of 
paragon, 5s.; 1 1-4 of serge, 14s.; 3 3-4 of Cambrick, 10s.; 
1 coat of mix prenelah, 15s.; 1 pare of briches lind of black 
stuf, 5s.; 1 Remnant of serge, 2s.; 1 black silk skarf, 5s.; 
1 blu silk skarf 2 yds. long, 2s.; 1 Remnant of ditto of blu silk, 
2s. ; 3-4 yds. of slace clauf and 1 m. pins, 2s. ; 1 1-4 cambrick 
and 8 yds. of blu ribb, 6s.; 57 yds. 1-2 of 4d. & 6d. red black 
& gren, blue and white ribbin, Hi.; 2 pare of gloves, 2 kards 
bottons. Is. 6d.; 1 yd. prenelah; 4 yds. Colard linn., 4s.; 
1 Remannt prenelah, buttons, silk and thread, 3s.; total, 
221i. 2s. 9d. 

Theophilus Wilson* and Nath. Rust* testified that Perkins 
confessed that he stole several things from his father and 
Mikel Dunil of Topsfeld, Mr. Batter of Salem, Mr. Whitton 
of Lin, Mr. Maul, Dority Robason of Topsfeld and John 
Readinton. 

Zacheus Perkins' confession, Apr. 9, 1680, before Daniel 
Denison:* that at May election he met in Wenham a French- 
man named Nicolas Jennings whom he knew at Narriganset 
but had not seen more than once or twice. He invited him 
to go to Salem to drink. They went to Salem in the evening 
and alighted in the street near Mr. Croad's, leading their 
horses into an orchard where Nicholas bade him tarry and 

* Autograph. 



365 IPSWICH QUARTERLY COURT [May 

Upon hearing the complaint of Roger Darby against John 
Dutch and Mary Dutch, wife of Robert Dutch, sr., court 
judged that Samuel Dutch not giving a clear account of some 
kenting, and Mr. John Usher and others speaking positively 
about it, he should pay to Roger Darby 54s. in money and 
cost of the hearing. For the other pack of goods valued by 
Darby's invoice at 271i. or 301i., no positive evidence appearing 
of the receipt by the Dutches, court declared that they leave 
the parties concerned to proceed on their own account. Ap- 
pealed to the next Court of Assistants at Boston. Samuell 
Dutch bound, with Deacon Wm. Goodhue and John Sparke 
as sureties. He was also bound for good behavior, with 
Goodhue, Sparke and Thomas Clarke as sureties.* 



look after the horses. After two hours, Nicholas returned 
and bade him go along with him and they came to Mr. Mall's 
shop where the door was open. Nicholas went in and brought 
out a bundle of goods which he gave Perkins which he took 
home to Topsfeild. Some he had disposed of. Nicholas 
brought out also a sack of goods which he laid on his horse. 
Soon they parted as they heard the watch coming, Perkins 
going to Topsfield and Nicholas to Marblehead, and Perkins 
had not seen him since. The latter said he found the silver 
cup at Lin and the ring at Topsfeild on the street. Thomas 
Mai was bound to prosecute. 

Letter of attorney, dated Salem, May 3, 1680, given by 
Edm. Battert to Mr. Edward Flint or Mr. Walter Fairfield 
to appear for him, as he could not go to court and did not 
think it worth his labor. Perkins had stolen from him a 
piece of double prunella, costing him 61i. 10s. at Boston, he 
having cut off three or four yards; also 20 yds. of Irish serge 
at 4s. per yd., about a yard wide; total, above lOli. in silver. 

*Roger Darby's bills of cost, lOli. 14s. 4d., and 3h. 7s. lOd. 

Lucretia Derby affirmed that John Duch and Sam. Duch 
agreed to bring her goods in their boat from Boston to Ipswich 
when "I was with y™ in boston a litell time befoare y* Dread- 
full fire at Boston my goods I toald y°^ they should find in 
miles Forsters warehouse (to wit) one bayle of goods (y* which 
is wanting) & an Iron furnas in y« lower ware house & the other 
bayle of goods with sum other things in y« uper Roome of 
y« sayd ware house I earnestly desired y°^ to bee Carfull of 
y" & toald y" pertickculerly how they lay, y" they promised 
& faithfully ingaged as full as words need bee spoken that they 
would Bee Carfull of y"° as If I ware present with them & 

t Autograph. 



1680] RECORDS AND FILES 367 

bring y™ & I writt y"* a memarandum of y"" & Read it to them 
& tooke it to John Duch <fe hee read it to mee & I had payd 
y'" for the fraite of the sayd goods befoare otherwayes I could 
haue sent y"" by Giles coarse as well as Layd y'^ in y^ ware 
house for hee Lay there in y^ Dock at y* time." 

Roger and Lucretiah Darby affirmed that the week after 
that dreadful fire in Boston they went to Boston "and in the 
way wee mett w*^ Josiah Clark and he tould us that John 
Dutch desired him to tel us that we should Com and look 
after our goods to dry them and said that thay had saued 
all y" goods Except a few lampts which ware Carried to the 
towne house, when wee came to Boston wee went one Board 
John Dutch his sloop then wee asked Samuell and Beniamin 
Dutch for our goods, then thay shewed us som of our goods 
then wee not seing but missing a whole Baile of goods and 
good part of our other baile of goods wee asked them where 
thay ware thay said theire ware som at theire Cosen Babels 
wee said wee lacked a Baile of hobberdasher goods that stood 
in the lower Roome of the warehouse by the furnish then 
Beniamin sd thay had all y'' goods, then Samuell said its like 
wee lost them in the streete in the time of the fire and sd it 
was Cried that all goods should be Carried to the townehouse 
if any kept any it should be theft and said lett us go theire 
and see for them so Samuel dutch and wee went togeather 
but Could not find it, but found part of our lampts theire, 
then Returning to the sloope againe wee Could not find it 
one Board then thay said it may bee it is at John Aires his 
house or at Babels so wee went to Babels and Could not find 
it theire then Samuell Dutch sd it was not at John Aires his 
house but sd it was Deacon Goodhews pack that was theire 
so wee did not go their and wee missing a peece of kenting 
out of o"" other Baile of goods and shewed them our invoj^ce 
and Samuell Answered as he did to the Baile thay might 
loose it in the street in Carriing the goods a Shoare wee desiered 
them to look and sertch for it so John Dutch went and opened 
his chest and it was not theire But wee did not see in Samuells 
Chest and he was not free wee should see into it." 

The following goods Lucreatia Derby could prove that the 
Duches sold since the fire at Boston, although the}' said they 
had sold none, and when Samuell Duch went out of their 
house he said he would trounce them unless she would go to 
the Major and say she was satisfied: greene Apron strings, 
Cristopher Boales' wife; Black Riben, a good quantity, James 
Garro, Samll. Pearse, Grace Dines; yellow Riben, Caleb 
Kimbal's wife; worsterd Riben or caddis, Caleb Kimbal's 
wife, Abigail Bosworth; cloath Culered galloone, Cristopher 
Boals' wife, Sarah Poter; blew lining, Edward Allen, Joseph 
Wood; Black galoone, James Garro, Mary Boalton, Ellizebeth 



368 IPSWICH QUARTERLY COURT [May 

Boals; Soing & stiching silk, Ann Starkwether, John Clark's 
wife; three soarts of luory coambs, James Chut's wife, James 
Garro, Mary Boalton; tape and Great pins, Mary Boalton; 
fine thread the same soart as in je Invoj^es, Edward Allen, 
Mat Gilbm'd, Grace Moses; speckled hankerchers which has 
Bin obserued they frequently woare befoar y* Samuells house 
was searched & since it has bin tacken notis (by sum) y* they 
haue not woarne of it; preast yellow bayes, Sarah Poter; 
Sarge, Mary Boalton; Loope Lase or Boben a good quantj'ty, 
Richard Smith's wife; Norwig stuf, Cristopher Boales' wife; 
two soarts of silk lases, Abigaile Bosworth; sterrups & sterrup 
leathers, Samll. Sarle, James Garrow; bridle bits & bridle, 
Caleb Kimball, Sam. Sarle; Box Iron, Sam. Sarle; Butens 
tipt with goold, Sam Sarle, James Garro; Broad Riben yt 
Sam. Duches wife cauld 18d. Riben, Rich. Smith's wife, Grace 
Sari; Small yeare Knot Riben, a good quantity at all 3 houses, 
Mary Boalton, Sarah Kinsman; black silk lase I think made 
with my silke, Edward Allen; women's Read stockens, Grace 
Moses, Tho. Baston's wife; Gearles or Smauler Stockens, 
Richard Smith's wife; a good quantyty of goold galloone 

1 think soe caled or otherwayes goold case; Black stufe, 
Hannah Bastin, Mary Choot; ''Samuell Duch sayd he had 

2 peeces of y^ sayd Lase when I asked him whare hee had it 
hee sayd hee bought it at boston & thought it was on y^ Book 
still, soe Sam I sayd thy wife sayd to day y* you had it at 
Puscadaway in an ould Dept & you could gett nothing elce. 
y^ hee sayd hee had two peeses of it, James Kreeke John hadl.y." 

Concerning the kenting, Lucreatia Derby declared that they 
found the fag end of it in Dutch's house, and the remnant was 
paid by Duch's wife to Abigaile Bosworth; the dirt or mud 
from the dock showed on both pieces; Sam. Dutch owned at 
her house that he bought the cloth that she claimed as hers 
at Mrs. Heathes', the corner shop against the Town house, 
and his wife said she bought it at Mrs. Avaryes who was 
Mrs. Tapen and that she found fault with it because it was 
dirty, "why sayd hee I haue two or three peeses besids yo''s 
in house, woman." 

Lucreatia Derby's plea: that her goods were left in good 
condition to be taken on board in charge of Mingoe, Miles 
Foster's negro, who had charge of the warehouse to be deliv- 
ered to Jno. Duch; they were placed conveniently in the 
warehouse, the pack of goods in the lower warehouse on ths 
head of a cask with her name on it, an iron furnace of her 
husband's standing by, and her other goods in the chamber 
over; the merchants' goods were all saved, but the lower 
warehouse door could not be opened in the time of the fire so 
all the goods in it were burned; that the Dutches "being 
by people tacken notis of y* since the fire at BostonUhey haue 



1680] RECORDS AND FILES 369 

Risen mightyly & haue bin able to pay thare Debts long due 
& to hire people to work & to pay y°^ in goods & to supply 
theare familyes with new & good things;" when Dutches 
house was searched they found new blue linen made up into 
garments which his wife said he had bought in Boston when 
they came from the southward, also two ounces of silk which 
Samuel's wife said they bought of Jno. Apelton, but they only 
had seven skeins of him, and three fag ends of linen cloth 
like hers with the dock mark, etc. 

Copy of the proclamation after the Boston fire, made Aug. 
8, 1679, by Symon Bradstreet, Gov., Edward Tyng, assistant, 
Joseph Dudley, Humphrey Davy, assistant: "Whereas by 
the late AwfuU Prouidence of God the breaking forth of fier 
the last night in the Towne of Boston to the laying wast a 
Considerable parte of the Towne, The Inhabitants were 
necessitated to be beholding vnto such who offered there 
Assistance for the Remoovall of there goods, much where of 
was throwne out of the warehouses ouer the wharfes and 
into boates or other vessells, many persons being so wicked 
as to take the advantage of such occasions under pretence 
of preserving the estate of those in distresse for the right 
owners, to make a prey thereof and felloniously to deteyne them 
to theire owne use thereby adding afliction to the Aflicted. 
These are therefore to declare and make knowne unto all 
persons whatsoeuer, who haue any Goods or estate belonging 
unto any person or persons whose habitations or warehouses 
were consumed by the sayd fier (or of others who were forced 
to remoue by reason of the dainger thereof) in their Custody 
charge or knowledge on board any boates, vessells, houses or 
in any other place or places who shall not only this present 
day of publication forthwith discouer and make knowne the 
same unto the owners thereof, or els bring them vnto the 
Townehouse or otherwise make knowne the same vnto the 
Govern"" magistrates or some other lawfull Authority such 
person or persons so Concealing any such Goods or estate 
or seeking to convey av»-ay the same shall be accounted theeives 
and be most severely proceeded against as such." The 
marshal of Suffolk was ordered to make proclamation by 
beat of drums throughout the town of Boston, and "to press 
any porter to bring any such goods to the Towne house as 
are in the hands of such as Cannot bring them themselues 
who are to be payd by M' Howard out of the sayd Goods or 
by the owners when they receive them." On Aug. 8, 1679 
the constable of Charlstowne was ordered to publish this 
declaration in several parts of the town; returned by Samuel 
Hunting, constable. Copy made by Edward Rawson,* secre- 
tary. 

* Autograph. 



370 IPSWICH QUARTERLY COURT [May 

Account by John Chapman* of goods bought of Mrs. Mary 
Avery, July 30, 1679: 12 ps. bl. tapes at 4s. doz., 4s.; 41i. 
Cull.' thread at 3s. 3d., 13s.; 1 doz. pins at 12s.; 1 doz. pins, 
lis.; 2 doz., 9s.; 2 doz. Home Combs at 4s. 6d., 9s.; 1 doz. 
ditto at 2s. 6d.; 4 ps. Cotten tape at 3s. 6d., 14s., 6 ps. Cades 
at 2s. 9d., 16s. 6d.; Hi. silke at 24s., Hi. 4s.; 21b. nuts at 9s., 
18s.; Hi. Cloves, 15s.; Hi. Mace, 19s.; 1 doz. Ivery Combs, 
13s.; 2 doz. at 10s., Hi.; 1 doz. at 5s.; 6 gr. gimp buttons at 
2s. 6d., 15s.; 1 dozen primers at 4s.; 1 ps. pentado, 12s.; 

1 neckcloth stuff, 30s.; 2 ps. Alijars at 5s. 6d., 21i. 16s.; 3H. 
liquerish at 2s. 6d., 7s. 6d.; 1 dozen horn haft knives at 5s.; 

2 dozen at 2s. 6d., 5s.; 1 doz. at 3s. 6d.; 2 ps. blew lining, 
31 & 24 3-4 yds., Hi. 18s.; 13 Bengali neckclothes at 2s., Hi. 
6s.; 1 paper of fillett at 4s. 6d.; 1 ps. pellony Cloth at 26s.; 
Hi. threed at 6s. 6d.; 1-2 li. nuns threed at 14s.; 1-2 gr. gallom 
at 17s.; 3 ps. 6d. Ribin at 12s. 4d., Hi. 17s.; 1 ps. green ferritt 
at 9s. 6d.; 1 dozen gallom at 6s.; 1 doz. gloves at 15s. 6d.; 1 
ps. 8d. Ribin at 15s.; 2 packetts pins at 6s. 6d.; 4 ps. Cadis 
at 2s. 6d., 10s.; 3 ps. Cullered tape at 20d., 5s.; 4 bunches 
kniting needles at 2s.; total, 291i. 10s. 6d. One barrell of 
pipes containing 16 gross at 3s. per gross, 49s. 6d. Joseph 
Rowlandson and James Woodman testified that they carried 
this bail of goods to Miles Foster's warehouse and delivered 
it to his negro for Lucretia Darby. Sworn, 19 : 1 : 1679, 
before Anthony Stoddard,* commissioner. 

Bill of goods, dated Boston, July 31, 1679, sold by Jno. 
Ushert to Roger Darby: 4 ps. Renting at 18s., 31i. 12s.; 
Hi. Nun's thred, 9s. 6d.; 2 paper Manchester, 3s.; 2 papr. 
pins, 5s. 6d.; 1 ps. sleasy holland, Hi. 5s.; 2 ps. Cullrd. Callico, 
Hi.; 1 ps. fustain, 19s.; 2 ps. Ribon, 18s.; 3 Rs. paper, 18s.; 
2 ps. blew Linen, 74 3-4 yds. at lOd., 31i. 2s. 3d.; total, 91i. 
lis. 3d. 

Samuel Duch's answer. 

Jno. Usher testified that the piece of linen showed by 
Nathaniel Rust was the one he had marked with his own 
handwriting and sold to Darby and that he never sold any 
of the same sort of linen to Thomas Heath of Boston. Sworn 
at Boston, Apr. 12, 1680, before Elisha Hutchinson,* com- 
missioner. 

John Usher deposed that a piece of kenting showed by 
Nathaniell Russe, constable of Ipswich, was sold by him to 
Mrs. Darby and none of this mark to Mrs. Avery or Mrs. 
Heath, both of Boston. Sworn before Anthony Stoddard.* 

James Garrow testified that Ben. Dutch gave him a small 
ivory comb and John Dutch gave him six yards of black galloon, 
and he bought black ribbon of them. After the fire Ben. 
brought home stirrups with leathers on them. Samll. Dutch 

* Autograph. 



1680] RECORDS AND FILES 371 

was bound with Mr. John Appleton and Edward Lummus 
as sureties. Sworn before Daniel Denison.* 

Rich. Knight* and Elizibeth Gross*, "from Boston at 
y« Corner shop next to y® George," certified that they had 
not sold for several years any goods to the Dutches of Ipswich. 

Saml. Pearce, aged twenty-seven years, deposed that he 
bought black ribbon of Saml. Dutch. Sworn in court. 

Mary Pearce, aged twenty-two years, testified that before 
the great fire in Boston, she saw the wife of her brother Samuell 
Dutch have about twelve yards of blue linen. Sworn in court. 

Elizabeth Gross, aged about twenty-six years, deposed 
that she told Mrs. Darby that the Dutches never bought 
any goods of her but what they might have bought of her 
sister Abigail Phillips, who sometimes kept her shop, she 
could not tell. She thought she meant the Dutches of Salem 
and not the Dutches of Ipswich. Sworn, Apr. 21, 1680, at 
Boston, before Hum. Davie,* assistant. 

Mary Bateman, aged about eighteen years, deposed that 
going to the dock a day or two after the fire, Samuell Dutch 
told her that he had saved her cousin Darby's goods and 
they were there drying. Sarah North, aged about twentj'- 
eight years, deposed the same. Sworn, Apr. 12, 1680, before 
Thomas Savage,* commissioner. 

Abigail Bosworth, aged about twenty-seven years, deposed 
that Abigail, wife of Samuel Duch, gave her linen cloth in 
pay for Avork, also red worsted ribbon, black ribbon and one 
silk lace. Sworn in court. 

John Hadly deposed that they compared the mark on the 
cloth brought from Abigail Bosworth's father's house by 
constable Russ to deponent's dame Darby's shop, said Russ 
and Mr. Norton being present, and it was the same hand, 
etc. William Norton* testified to the same. Sworn in court. 

Grace, wife of Tho. Dines, testified that Goody Duch said 
that her daughter Abigail, wife of Sam. Duch, etc. 

John Hadly, aged about twenty-seven years, deposed that 
the evening Sam. Duch's house was searched, Sam. and John 
Dutch came to their house in great anger, speaking reproach- 
ful words against Quakers, and deponent being in the cellar 
under the room in which they were talking heard Roger Der- 
by say, "Sam you must giue Loosers Leaue to speack for I 
can prooue y* you haue soald sum pertick goods of such soarts 
as I haue Lost." Sam said, "Bare witnes. Bare witnes, I 
desire noe beter play." Lucretia Derby said, "Sam you 
haue Bin tacken notis of y* since the fire you haue rissen 
uery much & haue soald seuerall goods as siluer Lase prethee 
Sam Tell mee whare hadst thee y* siluer Lase y* is so much 
taulked of." Sam replied that he bought it in Boston and 

* Autograph. 



372 IPSWICH QUARTERLY COURT [May 

thought it was on his book still. "Soe Sam thy wife sayd 
today y* you had it of a woman at pascaddaway in an old 
Dept & could gett nothing elce," said Lucretia Derby, "Sam 
I am toald y* you haue payd Shoomackers & spiners & such 
people as you haue to dooe with in goods." Sam said he 
would trounce her if she did not go to the Major and say 
she was satisfied. She rephed, "Noe Sam I shall neuer Dooe 
that. As I sayd to thy wife soe I say to thee that Lining 
cloath I saw at thy house y* I suspected I Dooe beleeue tis 
mine," etc. Sworn in court. 

Hannah Smith, aged thirty-six years, deposed that last 
winter Abigail Duch showed her gold galoon upon a board, 
cloth and silk bobbin, and bought of her broad black ribbon 
at Is. 3d. per yard and one pair of red stockings for 2s. Sworn, 
Apr. 29, 1680, before Daniel Denison.* 

James Crick, aged about twenty-one years, deposed. Sworn 
in court. 

Mary Bolton deposed that w^hile she lived with Robert 
Duch, sr., her dame used to go to a closet in said Mary's room 
which was kept locked and take out goods, paying her some- 
times in goods for her wages, etc. Sworn, Mar. 26, 1680, 
before Daniel Denison.* 

Mary, wife of James Chot, deposed. Sworn, Mar. 26, 
1680, before Daniel Denison.* 

Hannah Baston, aged twenty-eight years, deposed that 
Sam Duches wife sold her a pair of women's stockings for 
2s., and gave her a silk lace and would have sold her black 
stuff for a cap, and ribbon to bind it, etc. 

Samuell Perkins, aged about twenty-seven years, deposed 
that in March, 1678, sending some pay down to Boston by 
skipper John Dutch to Mr. Bazoon Allin, tanner in Boston, 
three bushels of rye in a sack, he went and met the vessel in 
Boston. Upon measuring it there, they found it half a bushel 
short. 

Sary Potter, aged about nineteen years, deposed that she 
bought of the Dutches serge, skeins of silk, flannel, galoon, 
etc. About two years and a half ago when she nursed Abigaill 
Dutch she saw remnants of ribbon, etc. Sworn in court. 

Mary Gaines, aged about forty years, deposed that John 
Duch told her that the owner of the w^arehouse told him 
that Derby's goods were in the house where the copper was. 

Ana, wife of John Starkwether, aged about twenty-five 
years, testified that she bought silk of Abigail Duch and the 
latter said if she would spare her some milk she would pay 
her in ribbon. Sworn, Apr. 1, 1680, before Jo. Woodbridge,* 
associate. 

John Aires, aged thirty-one years, deposed that the night 

* Autograph. 



1680] RECORDS AND FILES 373 

of the great fire, he helped John Dutch to save the vessel and 
goods, being forced to cut away the mast, and the fire was so 
hot that they had to leave her. The}' tried to save Derby's 
goods but were so tired with work that they could not carry 
them through the dock and mud, whereupon they cut the 
pack open and took some of the goods to Dutches chest. 
They buried the remainder in the mud with some goods of 
Deacon Goodhue's of Ipswich also, and thought the vessel 
would be burned. When the fire abated a little they returned 
and took the goods out of the dock and put them on board 
again to bring home. Sworn, Mar. 25, 1679-80, before Edward 
Tyng,* assistant. 

Jno. Staniford, aged about thirty years, deposed that being 
at Exeter lately in company with Steven Crosse, the latter 
was desired b}^ Mrs. Derby to find out what goods Dutch 
had recently sold in that place. They had sold several things 
at cheap rates, etc. 

Hanna Kimburle deposed that she had bought goods of 
Sam. Dutch and his wife ever since he was married, and had 
since the fire j^ellow ribbon and one lace to lace a waistcoat 
with, a bit of caddis, stuff for a cape and a little galoon. Sworn 
in court. 

Grace Sarle, aged about seventeen years, deposed that she 
heard old Goody Duch say that her daughter Abigail had 
but half a dozen yards of ribbon and that she sold the fine 
thread for her cousin Sue Babell of Boston for butter. Abigail 
had said she had eighteen penny ribbon fit for sleeve strings 
which she intended to wear herself when she went to Boston. 
Deponent noticed that Robert Duch and family generally 
wore speckled handkerchiefs before the house was searched, 
but since have worn none. 

Joseph Wood, aged about sixteen years, deposed that John 
Duch promised him blue linen for wood when the bark of 
which Giles Coarse was master should come in. Sworn in 
court. 

Mingo, negro servant to Miles Forster, testified that Der- 
by's iron furnace and pack were taken out of the warehouse 
before the fire. Sworn, 22 : 1 : 1679-80, before Anthony 
Stoddard,* commissioner. 

Ellizebeth, wife of Cristopher Boales, testified that she 
had of Sam. Duch's wife galoon of black and cloth color, 
green ferret ribbon, stuff and fine white thread which she paid 
for in "pares & spining." Sworn in court. 

Edward Allin testified that his wife had thread, blue linen, 
galoon and black silk lace. 

John Hadly deposed that Joseph Roulandson said he carried 
the bail of goods to the warehouse, etc. 

* Autograph, 



374 IPSWICH QUARTERLY COURT [May 

Elizabeth Pinder testified that she had a neckcloth of kent- 
ing, for which she paid 2s. Sworn, Apr. 29, 1680, before 
•Daniel Denison.* 

Mary Clark, aged twenty-nine years, deposed that she 
made some clothes for Samuel Dutch and he gave her twelve 
skeins of stitching silk to make the buttonholes. 

James Garrogh testified that when he lived in Robert Dutch, 
sr.'s, house, he saw a bridle and a pair of stirrup irons with 
stirrup leathers there, also some shining buttons that Benjamin 
Dutch told him he took out of the hold of the vessel, etc. 

Mary Heath testified that Dutch bought goods of her 
before the fire and the kenting he bought was not the same 
as that which was alleged to have been stolen, etc. John 
Floid* testified that he wrote this testimony of Mary Heath's, 

Martha Gilbert, aged about twenty years, deposed con- 
cerning buying thread of Abigaill Duch. Sworn in court. 

Jno. Dutch, aged thirty-three years, deposed that he brought 
all the goods in the warehouse and if there was another packet, 
as Mrs. Derby declared, it was burned in the fire. 

Giles Cows, Thomas Newmarch, John Hodgkin and John 
Tappin testified. Sworn, Mar. 25, 1679-80, before Edward 
Tyng,* assistant. 

Abigail Phillips, aged about eighteen years, testified that 
she was keeping her sister Gross' shop and sold Samuel Dutch 
of Ipswich blue linen and other things before the fire. Sworn, 
Apr. 21, 1680, before Hum. Davie,* assistant. 

Letter, dated Boston, Apr. 10, 1680, from James Taylor* 
to Major Denison giving testimony to the fact that he gave 
blue linen to the men of Dutch's vessel for their help in saving 
the goods in his warehouse at the time of the fire. 

Simon Tuttle, aged about forty-six years, deposed that 
he bought of Dutch blue linen, kenting and red caddis before 
the fire but none since. Sworn in court. 

Benj. Dutch, aged about fifteen j^ears, deposed that he 
was with his brother John when he desired Mr. Mihil Foster 
to show him, etc. Foster's warehouse was burned. 

Susannah Babill, aged about twenty-three years, deposed 
that she was with Abigill Dutch at Boston when she bought 
goods at Mrs. Dereing's and at another shop near by, since 
the fire, and she had them at deponent's house in Boston, 
etc. Sworn, 21 : 2 : 1680, before Anthony Stoddard,* com- 
missioners. 

Thomas Dennes, aged forty years, testified that he was 
with the Dutches at Exeter, etc. 

Mary Sparke, aged about thirty-six years, deposed that 
Mrs. Darby told her that she thought her packet of goods 
was burned. Owned by Mrs. Darby. Sworn in court. 

* Autograph. 



1680] RECORDS AND FILES 375 

George White, for excessive drinking and disturbing families, 
was fined. 

Sarah Dow, aged about thirty-four years, deposed. Sworn 
in court. 

Samuell Pearce, aged twenty-seven years, testified that 
Mrs. Darby told him that the Dutches had been very careful to 
save her goods, etc. OAvned by Mrs. Darby. Sworn in court. 

Samuell Duch testified that he used all means to save the 
goods and did not defraud her of anything. 

Josiah Clarke, aged about thirty-six years, testified that 
Roger Darby said the goods he lost were w^orth 301i. and they 
were burned. Sworn in court. 

Walter Roper, aged about sixty-seven years, deposed. 
Sworn in court. 

Katherine Laynton, aged about twenty years, deposed that 
she came in the vessel with Samuell Dutch about a week after 
the fire and having put some of her things in his chest she 
saw no new goods there, nor much of anything else. 

Thomas Knolton deposed that Mrs. Darby said they had 
met with a great loss by the fire. Sworn in court. 

John Harris, aged about thirty years, deposed. 

Hannah Story, aged about seventeen years, deposed that 
she came home wnth Samuell Dutch from Boston last May 
and he brouight green galoon. A short time after, her grand- 
mother Foster bought some green paragon of said Dutch. 
Sworn in court. 

Mary Cross, aged about twenty-seven years, testified that 
Abigaill Dutch bought of her in July, 1679, a remnant of 
kenting which was stained. She had a whole piece come 
from Jarsey w^hich was stained very much. Sworn in court. 

Caleb Kemball deposed. Sworn in court. 

Mary Dutch, aged about fifty-three years, and Sarah Clark, 
aged about fifteen years, testified. 

Caleb Kemball deposed that Mrs. Darby told him that 
the Dutches had been mighty careful of her goods and if they 
had not been so careful, she would have lost much more. 
''I thank God for it," said she. Sworn in court. 

Nathanell Rust, aged about forty years, deposed that he 
had employed the Dutches in carrying commodities upon 
his own and the country's account and had always found 
them honest and faithful in the delivery. 

William Goodhue, sr.,* John Fayrweather,* John Appleton, 
jr.,* John Wainwright,* Theophilus Wilson,* John Whipple, 
sr.,* John Perkins* and Nathaniell Rust,* on May 5, 1680, 
sent a statement to the court testifying to the honesty and 
faithfulness of the Dutches. 

* Autograph. 



376 IPSWICH QUARTERLY COURT [May 

Proposal being made in behalf of the youngest child of 
John Sothwick, deceased, that her proportion of estate be 
set off to her, court ordered that Capt. John Corwin, Capt. 
John Price and Mr. Hilliard Verrin or any two of them be a 
committee to compute the said child's proportion and to set 
it off, if it be land, and report to the next Salem court. 

Major Robert Pike, for prophaning the Sabbath, was fined.* 

John Webster was admonished. 

Thomas Elithorp, for taking hold and unhorsing Jo. Downes, 
and other misdemeanors, was fined. 

John Stiles was found of a debauched conversation, and 
for the silver spoon stolen from John Dole, he was to return 



*Henry Roby testified that being at Major Pike's house 
at Salisbury, on the Saturday before the Court of Assistants 
in March last, Nehemiah Partrig called there after sunset on his 
way to Hampton and told Pike that his brother Ed. Gove 
had gone toward Boston for he parted with him at Ipswich. 
He also said that the ways were so rotten already with the 
thaw that if it continued until Monday it would be almost 
impossible to get to Boston in two days. "This put us on a 
strayt w* to do fearing Gove woold gett his busines over before 
we shoold com there & y® resolution was only to go to newbery 
a lords day night that so y^ danger of y" bridg & ferry might 
be secured: w''*' thing we did. . . . y* tho it was prity 
Late er M"" Bourows ended his afternoons exsersise yet did 
y® maj'' stay in Mrs. Stokmans house till repetition of both 
fornoon & afternoone sermons was over & y'^ dutys of y® day 
concluded with prayer & after a litle stay to be suer the sun 
was downe then we mounted & not till then y^ sun did indeed 
sett in a cloud: & after we wear mounted I do remember y^ 
maj"" spake of Lighting up w'' the son sett: but I saw no sun 
it was as I remember as we past y^ street between Ephraim 
Winsleys & Capt. Bradburys but it was quickly gon & no 
appearanc of it: but began to grow darkish or duskish by 
y* time y* we gott to the bridg." Sworn, May 3, 1680, before 
Samuell Dalton,t one of the commissioners of his majesties 
province of New Hampshire. 

Ephraim Winsley deposed that he saw Major Pike ride by 
his house when the sun was about a half an hour high on 
Lord's day evening. Sworn in court. 

Cornet Jo. Severnes deposed the same. Sworn in court. 

Steeven Tong, aged about forty years, deposed, on May 3, 
1680, that the sun was not out, etc. 

t Autograph. 



1680] RECORDS AND FILES 377 

the spoon and 20s. in money. For lying and wicked speak- 
ing, he was to be severely whipped, once at Ipswich and also 
at Newbury on some public day at Mr. Jo. Woodbridge's 
appointment.* 

Samuell Cluff and his wife, for fornication, were ordered to 
be whipped or pay a fine. 

Daniell Ela, for selling drink without license, was fined 
and ordered to pay costs to Samuell Watts and Jo. Griffing.t 

*Israel Webster, aged about thirty-five \'ears, deposed 
that Jno. Stiles being at his house, he asked him whether he 
said when he was going to meeting that he was going to hell. 
He answered yes, and upon asking him v/hy, he said because 
he was not going to heaven. He also said that he could not 
read on the Sabbath days because the devil would not let 
him. Sworn Jan. 7, 1679. 

Wm. Morse was bound for Stiles' appearance. 

Thomas Titcumb, aged about eighteen years, testified that 
before the trouble at Wm. Morse's, he was going to meeting 
upon a Sabbath day and overtook Samuel Smith and John 
Stils and other boys near Robert Coacker's house. Stiles 
used many idle words and when asked where he would go, said 
he would go to hell. He ''spoke the words 2 or 3 tims ouer 
before we could beleue he would specke such wild words." 
Deponent sharply reproved him for it, etc. Sworn Jan. 7, 
1679. 

Jno. Stiles in open court said he did not know but that he 
did say the words charged by Tho. Titcomb. 

fDaniel Ela'sJ petition: that although he acknowledged 
that he had trangressed the law, he was encouraged to sell 
liquor by some of the inhabitants, not the meanest, and some 
of the selectmen gave him the right under their hands to do 
it and he doubted not that the others would have had he 
asked them; necessity caused him to do it partly for dwelling 
next the meeting house upon Sabboth days especially sacra- 
ment days and on other public days, his house was so thronged 
with sometimes twenty, thirty or forty or more persons, 
some so young and some so weak that they were not able to 
go to the ordinary and in cold weather he had made two or 
three fires for their relief; some desired some refreshment 
in drink but not half as much as would pay for the drink 
and wood, and in truth he had given more than he sold, which 
he could ill afford, being poor and much in debt, "partly 
becaus in the Indian wars I had noe profitable Custom and 
partly becaus the sumer folowing the wars al tho it was hopeful 

X Autograph. 



378 IPSWICH QUARTERLY COURT [May 

Sam. Gatchell and his wife, presented for fornication, were 
fined. 

Tho. Thurley, for excessive drinking, was fined. 

John Browne was fined for lying. 

John Griffing was admonished.* 

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

Andrew Eliott was licensed to sell liquors by the gallon for 
a year. 

Wm. White of Haverill was licensed to sell cider for a year. 

Edward Hassen, for prophaning the Sabbath, did not 
appear and was ordered to appear at the next court for con- 
tempt. Afterward appearing, he was discharged. 

John Denison was released from training, paying 3s. a year 
to the use of the company. 

John Appleton and John Pickard, appointed by the last 
session to treat with Tho. Thurley about the bridge near his 
house, reported that 151i. would be sufficient for the work 
done on it. 

I should haue taken som money to help to pay my dets their 
being many vesels || aboue 20 || at our towne and som shiping 
a beuilding their which put me in hops: then it pleased god 
to visit my famely sorly with the smal pox where by I was 
disapointed;" the past year all his cattle except one cow 
and a pair of oxen, and a great part of his swine were lost in 
the woods. 

Samuel Wats testified, on Jan. 20, 1679, that at Ela's house 
he heard Lt. Osgood call for, etc. "My landlady she comes 
in and telles them that there has ben brought in teen qts of 
bound wine then y^ plater was set upon y^ tabell." Osgood 
said "Jentlmeen com pay everey man his shiling and I weel 
pay y"" Rest." Deponent called for a quart of beer and Ela 
brought it, he paying him a shilling for it. Ela returned a 
sixpence, saying it was stale beer with sack in it. 

Samuell Wotes' and John Griffin's bill of cost as witnesses, 
12s. 

*Robort Swan, sr., aged about fifty-four j-ears, testified 
that John Griffin, by reason of his absence and not tending 
his boat, had caused him to wait at the ferry longer than he 
had to wait at any other ferry. This had been his custom 
many times the past three or four years. Sworn, May 3, 1680, 
before Nath. Saltonstall,t assistant. 

t Autograph. 



16g0] RECORDS AND FILES 379 

Court having considered the agreement between Capt. 
Daniell Pearse and Henry Jaquis of the one part and Tho. 
Thurley on the other about the bridge, which was allowed by 
Saiem court, declared that said Thurley was to give diligent 
attention that no person be hindered or delayed in his passage 
more than is necessary for his coming from the house to the 
bridge and if he did not he was to be called to account. Also 
no one should be refused passage for want of ready money, 
especially of this county of Essex, if they would give just 
security for the payment. 

Thomas Smith, sr., and his wife being aged and impotent 
and unable to help and provide for themselves, said Smith 
came into court and gave up to the selectmen of Ipswich the 
following estate: three cows and one yearling, three acres 
of land at Muddy river, a bill of three pounds, six shillings 
of Pullsipher's and fifteen pounds due from Thomas Dow, 
about eleven pounds due him from Aron Pengry, sr., and 
all his household goods, etc., provided the town maintain 
them as long as they live. 

John Pinder was found guilty of stealing hay, and as he had 
long been about such business, he was to be seriously ad- 
monished.* 



*John Finder's bill of cost, 16s. 6d. John Caldwell, Nathan- 
iel Roper, Tho. Lovel, Sergeant Waite, Robert Lord, Wihiam 
Durgy and Goody Graves mentioned as witnesses. 

Thomas Waite, sr., deposed that about twenty-eight years 
ago he was living at Elder Paines' farm in Ipswich and had 
some occasion to go to town very early in the morning As he 
was between Mr. Willson's corner and the meeting house at 
about the dawn of day he saw a person coming from the Major 
General's corner of that lane that comes up by his house or 
between that and the meeting house wall with a bundle ot 
bastard marsh hay on his head, of about a hundred weight. 
The person came along by the wall just by the goal door and 
crossed the country road into that lane that leads down to 
Goodman Graves where he now lives, where the hay was put 
down. The man was John Pinder, sr., who now lives down 
in that lane, and deponent ''being willing to mforme myself 
who the person was" kept on his way to the mill, coming 
within a few feet of him so that he could see tlie color and 
make of his breeches, stockings and shoes. His breeches 
were of such a cut as to be open at the knee, but very narrow 



380 IPSWICH QUARTERLY COURT May 

coming down to the small of his leg. "I suppose many people 
yet remembers my description of them his stockins whitish 
his shooes plaine, to my best remembrans his breeches weare 
a greenish colloer." There being a common fame in town 
at that time of hay being stolen, he took particular notice. 
The Major General had then in March or April a little hay 
standing in his orchard near a small cowhouse by the road- 
side. Returning home he called at John Annable's, now 
deceased, and desired him to step over to the Major's and 
ask him what offence his hay had committed that it was so 
near the goal door this morning "and I beleue the man did 
his messag for the next day I came by the Majors and his 
hay that was left was caryd in to his cowhouse." Sworn in 
court. 

Cristefer Bouls, aged thirty years, deposed that he was 
passing the Major General's barn and saw a man with a bundle 
of hay on his back who told him that he got it at his grand- 
father's barn. The man was John Finder, jr. Deponent 
borrowed an ax of his landlord Metcafe, which ax was carried 
away from his barn, and two or three months after his land- 
lord's son came and said he had seen the ax at John Finder's. 
The latter said his son said he found it. Finder said that 
deponent had taken hay out of Samll. Graves' barn and carried 
it to Finder's to make him appear as a cheat. 

John Caldwell testified that last winter haj^ was scattered 
from the Major General's barn over the meeting house green 
into the lane as far as John Fottor's barn. The "Mager 
Jennerel" desired Thomas Loufel, Nathaniel Ropper and 
himself to go and see how it was scattered, etc. Sworn in 
court. 

Robert Lord, marshal, deposed that he was making search 
for one Isaac Ong and going before day he saw John Finder, 
sr., with hay and, accusing him of stealing it, Finder said 
"You lye, I had it at father Wilsons Barne." Sworn in court. 

Thomas Lovell testified concerning tracing the hay. Sworn 
in court. 

William Durgery, aged fortj^'-eight years, deposed that when 
he lived with his master Bishop, the first year of Bishop's 
coming to settle in the town in the house in which he died, 
he went often to fodder the cattle and told his master that he 
saw hay scattered up to the rock from the barn. Bishop 
said he hoped he did not live among such bad neighbors. 
Two or three nights after, Jno. Bishop and deponent watched 
in the barn and saw Finder steal hay. They went after him, 
pulled it off his back and he ran away. Sworn in court. 

Nathaniel Roper, aged about twenty-six years, deposed 
that hay was scattered from a leanto door in the Major's barn, 
etc. Sworn in court. 



1680] RECORDS AND FILES 381 

Ens. Wm. Buswell by order of court sent in the papers in 
his hands committed to him by Elizabeth Wells, alias Harris, 
which were a will, Page's bill of 281i. and a bill of sale of John 
Sanders to Wells. The two latter papers were to be delivered 
to John Harris, her late husband. 

John Pinder, being called three times and not appearing, was 
fined. 

Henry Jaquis was freed from ordinary training, court having 
heard his complaint and considering his lameness, and the 
fact that he had two of his family in arms and another coming. 

John Denison of Ipswich was released from training, paying 
three shillings per j'ear to the company. 

Nathaniell Wells and his wife, presented upon a great and 
common fame of breach of the peace, by mutinous carriages, 
so that the neighbors were forced to interpose to prevent 
further mischief, her arm being much hurt, owned it in open 
court and were fined five pounds. 

Peeter Chever, constable of Salem, complained against 
Joseph Gatchel for misdemeanors, and was enjoined to give 
security for his appearance at the next Salem court. Gatchell 
desired liberty to bring sureties but went away and did not, 
and court ordered him to appear at the next court. Peter 
Chever bound. 



John Brig's bill of cost. Thorn. Knolton and Elesebeth 
Liuutt mentioned. 

Samuell Felows, sr.'s, bill of cost, 12s. 6d. 

Bill of cost about Nath. Wals, 5s. Jonathan Fanton, John 
Fanton and John Smith, jr., mentioned. 

On Aug. 25, 1679, Caleb Moody complained of Wm. 
Fanning and his wife for misdemeanors, excessive drinking, 
offering violence to his wife, swearing and cursing. Joseph 
and John Dole and Jonathan Clarke testified to his drunken- 
ness. Sarah Moody and Mary Wellington affirmed that as 
they were going by the house to fetch the cows in the morning, 
Goodwife Fanning complained of her husband. He swore and 
said he would knock out their brains. Jonathan Clarke said 
that in the house Fanning threw things at his wife, kicked 
her and swore he would cripple her and she showed the marks 
of her husband beating her, as she did to others, and said 
if the negro had not taken him off, he would have killed her. 
The two maids heard him curse once. Fanning acknowledged 
that in his passion he might have done these things. It was a 



382 IPSWICH QUARTERLY COURT [May 

common fame that he drank to excess and at such times 
quarrelled with his wife and the clamor of it was heard by 
the neighbors who lived near. He was ordered to appear at 
the next Ipswich court but not being able to get bail, by 
protesting that his hay would be lost if he were detained and 
his family deeply suffer, his own bond was accepted. He 
offered as security one-half of four acres of Indian corn grow- 
ing on land of Mr. Thomas Noj^es and Jacob Topan, a young 
horse and five swine of a j^ear. The woman was discharged. 
Copy from the records by Jo. Woodbridge,* commissioner. 

Mathew Hocker testified that he was in the quartermaster's 
yard and saw John Leese and Cristefer Bonis, who wanted 
someone to ride one of the mares. Several persuaded Samuell 
Pouline to ride her but he said he would not and could not 
because he had a fall from a horse a little while ago and was 
not able. Sworn in court. 

Whereas Daniewell Clark agreed with Thomas Thorlle to 
serve him, and he had served him the full time although 
Thorlle claimed he had not, said Clark left it to the court to 
determine. 

Judgment for plaintiff in the action, Willm. Dodge v. Benja- 
min Balch, the settlement of the estate according to Salem 
court order of 27 : 4 : 1662, the just debts being paid, the 
one-half of the estate in inventory or else 11 Hi. 14s. 3d. in 
money. Appealed to the next Court of Assistants. 

At the General Court in Boston, Oct. 10, 1679, Jno. Dole 
of Newbery was admitted into the freedom of this colony. 
Copy made by Edward Rawson,* secretary. 

Walter Faj^erfield's* reasons of appeal, recorded Feb. 29, 
1680, by Robert Lord,* cleric: in an action brought against 
him relating to the committee of militia, and the impressment 
of saddles and paj^ for the same, etc. Charles Gott, Edward 
Nerling and Thomas Knoulten mentioned. 

Fragment of a paper belonging to court held j\Iay 4, 1680. 
Jno. Sanders and Wells mentioned. 

John Severence* wrote to Robert Lord on 1:8: 1680, 
returning four writings belonging to Robert Knights which 
he had taken by accident. 

Joseph Boles testified that whereas there was a bargain 
made between himself and Henry Bennett concerning building 
and finishing a barn upon Hog Island for the use of John 
Graves, but the latter refused to have it built for a thatched 
roof but wanted a board roof, and engaged to get the boards 
to clear said Henry by the barn being not finished. Sworn, 
Dec. 26, 1677, before Daniell Denison. Copy made by Robert 
Lord,* cleric. t 

Jacob Bennet, aged about twenty-five years, deposed that 

* Autograph. f See ante, vol. 6, p, 420. 



1680] records and files 383 

Court held at Salem, 29 : 4 : 1680. 

Judges: Hond. Maj. Genrll. Daniell Denison, Esq., Capt. 
Nathanll. Saltonstall, Esq., William Browne, Esq., and Bar- 
tholmew Gednej^ Esq. 

Grand jury: Leift. Tho. Putnam, Seargt. Tho. Fuller, 
Jere. Meachum, sr., Tho. Rix, Ensigne Nathanll. Felton, 

there was a bargain made between himself and his father 
Henry Bennett, etc. Sworn, 26 : 1 : 1678, in Ipswich court. 

Daniell Wicom testified that being at Ipswich court when 
Goodman Lumas and Simon Stacy delivered Marck Quilter's 
will to court, Frances, the wife of Marck, desired him to speak 
for her but he did not dare to meddle with it for "i am a 
stranger and doe not understand it." 

Caleb Kimball and Simon Stace deposed that Mr. Tutell 
came to us and said he heard Frances Quilter tell her brother 
Swan that she had no knowledge of the carrying of her hus- 
band's will into court. 

Ezekiel Northend* and John Tod,* having been appointed 
at the Ipswich court, Sept. 29, 1663, upon motion of Mr. 
John Carleton, guardian of Patience Jewett, that a division 
be made of some land between Carleton and Patience, they 
found that the bulk of Mr. Carleton's land was to the value 
of 17811. on Haverhill side, and there were lOOH. belonging to 
said Patience to be taken off her land to make them both 
equal, 300 acres. Corporal Gage, who lived upon the farm of 
Patience Jewett, went with them and showing them some 
low land that might be convenient for fencing, said that there 
was very little more than 300 acres, at the most not more 
than 20 or 30 acres, he knowing the land better than they did, 
and they gave credit to what he said not measuring it them- 
selves. Owned, Mar. 30, 1680, in court. 

Petition of Shu. Walker:* Joseph Jewet of Rowley left 
in his will land to his two daughters Hannah and Patience. 
Mr. John Carleton married Hannah and became guardian of 
Patience. The latter married this petitioner. Sergt. John 
Gage, then lived by lease upon the Bradford part of the 
farm called the Neck, etc. John Gage was the purchaser 
and an honest man and the committee to divide the land 
confided in him too much for the petitioner's good. He asked 
that the order might be revoked and a new settlement made 
for the benefit of himself, wife and children. Court ordered 
on Mar. 30, 1680, that Tod and Northen measure the land 
and report to court what houses had been built, fences made, 
etc. 

* Autograph. 



384 SALEM QUARTERLY COURT [June 

John Hill, William Browne, William Seargent, John Abby, jr.. 
Hen. Collens, sr.. Hen. Silsby, Ensigne Bancraft, Joseph 
Mansfeild, sr., Tho. Bishop and Mr. George Keaser. 

Jury of trials: Leift. Raulph King, Mr. Timothy Lindall, 
Mr. John Grafton, Mr. Habackuck Turner, Mr. Joseph 
Phipen, sr., Samll. Williams, Nathanll. Ingerson, Erasmus 
James, Jon. Lovett, jr., Thomas Patch, Jacob Davis, [Cornet. 
— Waste Book.] John Lewis, Edward Marshall in the first 
action, and Francis Skerry in Capt. Price's action. 

Mr. Wm. Bowdith v. John Woolcott. Verdict for plaintiff. 
Appealed to the next Court of Assistants. Said Woolcott 
bound, with Phillip Fowler and Phillip Greely, as sureties.* 



*Writ: Mr. Wm. Bowditch v. John Woolcott of Newbery; 
for not building and finishing a windmill at Marblehead accord- 
ing to agreement; dated June 10, 1680; signed by Hilliard 
Veren,t for the court and the town of Salem; and served by 
Henry Skerry, f marshal, by attachment of the farm house 
defendant lives in at NeAvbery, with the land and meadow. 

John Wallcot's bill of cost, 14s. 

Agreement, dated Mar. 6, 1678-9, between John Woollcot,t 
of Newbury, millwright, on one part, and Wm. Bowditch,! 
John (his mark) Devereux, Rich. Knott,t James Dennesf 
and Samuell Morganf on the other part, said Woollcott was 
to frame, build, erect and set up for Bowditch and company at 
Marblehead, upon the hill called Rodes' hill, a windmill, which 
was to be round, 26 feet through, 19 feet between joints, v.ith 
a fiat roof, to be housed from the weather, said Woollcott to 
provide all materials, except the millstones, the mill to be 
built of good substantial timber, and completed to the turning 
of the key and making it sufficient to work perfectlj^; he was 
to lay the hulk, cause it to be sufficiently underpinned, and 
to be finished by the last of December next; for all of which 
Woollcott was to receive eight score pounds, half in silver 
and half in fish or other goods at money price, one third to be 
paid at or before the last of May and one third at the raising 
of said mill, and the other third at completion, said Bowditch 
being owner of one-half; Woollcott further agreed to work 
the mill for a week on trial and to repair all defects that might 
appear; Bowditch was to provide two millstones made of 
bars for which the other owners were to pay him proportion- 
ately in money 121i. 10s., himself to bear the other part and 
all the other owners agreed to provide men and necessary 
material to raise the mill and to help said Wilcott at such 

t Autograph. 



1680] RECOEDS AND FILES 385 

times as he desired; whereas Bowdish engaged to find mill- 
stones at such a price, the other owners obliged themselves to 
pay to Wilcott 51i. in silver of that 401i. part mentioned, to 
be deducted out of their goods part, said Bowdish to pay 
351i. in silver and 451i. in goods, the others to pay 451i. in 
money and 351i. in goods to Willcott or his order. Wit: 
Samuel Cheever,* Moses Mavericke* and John Elethorp.* 
Sworn, 24 : 1 : 1680, before Wm. Hathorne,* assistant. 

William Traske,* John Traske* and Simeon Booth,* millers, 
Joshua Buffum* and Edmond Bridges,* chosen to survey the 
windmill, so called, testified that they "took up the stone 
and vewed the stons and incke and vine and we find the stons 
good only thay want fioworing and to be hunge trew: we find 
that the incke and spindel not to be sofficiant nether for 
waight and workemanship: 3'^ Me find the mill not soficiently 
undarpined: and the mill we find not tightly covered for to 
secur ether corn or meal in the mill and 4^^ we find one of the 
main posts of y^ mill haue broken and we find the hopar and 
many of the utenssels of the mill to be insofficiant." Sworn, 
Mar. 22, 1679-80, before W^m. Hathorne,* assistant. Upon 
a second view by William Traske* and John Traske,* they 
found Woolkot not able by his own skill to accomplish the 
flowering of the stones. Sworn, June 24, 1680, before Moses 
Mavericke,* commissioner. 

James Dennes* certified on Jan. 21, 1674, that whereas 
there had been an agreement between himself and John Wil- 
cot, sr., of Newbury for building a windmill in Marblehead, 
of which deponent had an eighth part, he was fully satisfied 
that the work was according to covenant. Wit: Samll. 
Ward* and John Woodbury.* 

William Bowditch's bill of cost, 41i. 5s. 9d. 

Richard Knott* certified on Jan. 22, 1674, that he owned 
an eighth part and was fully satisfied, etc. AVit: Samuell 
Morgan* and James Dennes.* Owned in court, but he fur- 
ther said that it was through a mistake or misinformation. 

John (his mark) Devorix, sr., certified on Jan. 24, 1679, 
that he owned an eighth part and was fully satisfied, etc. 
Wit: Rich. Knott* and James Dennes.* Owned in court 
that he signed this through a mistake. 

Samuell Morgan* certified on Jan. 21, 1679, that he owned 
an eighth part and was fully satisfied, etc. Wit: Robert 
Knight* and Edw. Humphreys.* Owned in court that he 
signed through a mistake. 

Thomas Robins, aged about forty-two years, William 
Trask, aged about forty years, and Walter Fayerfield, aged 
about forty-eight years, deposed that on June 26, last, Mr. 
William Bowditch desired them to go to Marblehead and 

* Autograph. 



386 SALEM QUARTERLY COURT [June 

they found the windmill so insufficient as to the builder's 
work that it was not fit for grinding meal. It would cost 
more to make it fit than the mill was worth. The vanes, 
arms, sails and upper running gears were insufficient, the 
mill had nothing to stop her and seven men could not turn 
her to the wind. It was not finished according to agreement 
as to covering, underpinning or workmanship for feeding 
or grinding. Sworn, June 26, 1680, before Moses Mavericke.* 

Joshua Bufham, aged forty-three years, testified the same, 
he having had some experience in mills, and he found that 
there was nothing to stop her in a gale of wind if occasion 
should require. Attested as in the presence of God, June 26, 
1680, before Moses Mavericke,* commissioner. 

John Bartlet, aged about thirty-six years, and Nicholas 
Pickett, aged about thirty-three years, testified that when 
William Traske, John Traske and John Willcott, millwright, 
were at the windmill at Marblehead, the mill was set to work. 
Mr. Willcott was often desired to put one more sail upon 
the mill by several people who were there that she might 
make good meal, but he would not do it, he said, for fear the 
vanes or something else about the mill would break. He said 
he was bound onlj^ to make meal, which he had done, and left 
off grinding corn and left some in the hopper. Sworn in court. 

Samll. Ward, aged about forty years, deposed that after 
more sail was put on, the sails flew from the vanes at one end. 
Some months after he found them very much damaged by wet 
as the mill was not sufficiently covered, the roof being so open 
he could see through almost all the joints of the boards. Two 
millers set the mill to work but it would not make meal for 
W'ant of sail. Sworn in court. 

Richard Norman, aged fifty-seven years, deposed the same. 
Also that Woolkott had said that he would make the mill 
so good that she would perform her work with as little wind 
as a man might carry a candle burning open in the air without 
blowing out, whereas she would not w^ork with a good gale of 
wind. Sworn in court. 

John Legg, aged about thirty-five years, and Nicholas 
Andrews, aged about thirty-eight years, deposed that while 
the mill was grinding it was one man's work to feed her with 
his hand for there was some defect in the gear that should 
have fed her. Sworn, June 26, 1680, before Moses Mavericke,* 
commissioner. 

William Poate, aged about forty years, and John Bartlett, 
aged about thirty-six years, deposed that John Willcott, jr., 
said that the mill would never come to anything, but they did 
not care if the devil had her if they got their money, or whether 
the mill would run any more. Sworn in court. 

* Autograph. 



1680] RECORDS AND FILES 387 

Leift. Tho. Putnam v. Edw. Richards of Linn. Review. 
Verdict for defendant.* 

John Woolcott V. Mr. Wm. Bowditch. Verdict for de- 
fendant. Appealed to the next Court of Assistants. Said 
Woolcott bound, with Phillip Fowler and Phillip Greely as 
sureties.! 



*Writ: Lieut. Thomas Putman v. Edward Richards of 
Lynn; review of a case tried at the Salem court in July, 1675, 
with judgment for Lt. Putman, and on appeal at the Court 
of Assistants in Sept., 1675, when judgment was reversed; 
dated June 18, 1680; signed by Nath. Barnes, t for the court 
and town of Boston; and served by Samll. Cobbett,J constable 
of Lyn, by attachment of the dwelling house and land of 
defendant. 

Edward Richard's bill of cost, 12s. 

Letter of attorney given by Edward (his mark) Richards§ 
to Thomas Norman of Boston. Wit: Jonath. Palmes and Ed- 
mond Bridges. t Acknowledged, June 29, 1680, before William 
Browne, t assistant. 

Copy of the record of a Court of Assistants at Boston, 
Sept., 1675, in this action, with verdict for plaintiff, Edward 
Richards. Copy made by Edward Rawson,t secretary. 

fWrit, dated June 9, 1680, for breach of covenant, signed 
by Hilliard Veren,^ for the court and the town of Salem, and 
served by Henry Skerry, J marshal of Salem, by attachment 
of land, the wharf, and ths warehouse, brawhouse, copper 
and furnace of defendant. 

John Woollcott's bill of cost, 21i. 6s. 

Wm. BoAvditch's bill of cost, 16s. 6d. 

Stephen Grenlefe, aged about fifty-one years, deposed 
that being employed by John Wolcot to make the iron work 
for the windmill, he made it thoroughly and of very good 
iron in his shop and he understood what belonged to mill 
work. Sworn, June 25, 1680, before Daniel Denison.f 

Robert Knight, aged about sixty-five years, deposed that 
he and Mr. Ward of Marblehead were in the mill and he 
considered that the mill made good meal for the time it had 
been working. Sworn in court. 

John Woollcot, aged nineteen j^ears, deposed that his father 
desired Mr. Bowdeg to have a meeting about the mill and 
they stayed there till night, but he did not come. Later they 
asked the owners to get together and tell what was wanting 
in the mill, but Bowdeg replied that he could not come and 
did not know when he could. Then both sides chose one 

X Autograph. § Seal. 



388 SALEM QUARTERLY COURT [June 

Ben, Balch, sr., son of John Balch, sr., deceased, and joint 
executor with his mother-in-law, Agnes Balch, deceased, of 
said John's will, and legal heir of said Agnes v. Capt. John 
Price. Verdict for plaintiff, the land in controversy.* 

man to view it, etc. John Woollcott, sr., affirmed the same. 
Sworn, June 25, 1680, before Daniel Denison.f 

James Dennis, aged about thirty-eight years, deposed that 
on Jan. 20, last, Wolcott told the owners that the mill was 
ready and they sent to Salem for Mr. William Boudish who 
was chiefly concerned to meet them to choose men to see if 
the work were satisfactory, but the messenger said that Mr. 
Boudish could not come, etc. Sworn, Mar. 23, 1679-80, 
before Moses Mavericke,t commissioner. 

John Woollcot, aged nineteen years, deposed that his father, 
after the mill was set up, was flooring the stones, running 
them and trying them with corn ten days before he left the 
mill. It would have been running a fortnight sooner if Mr. 
Boudeg had not failed about the canvas. He did not send 
it and deponent and his father went to Salem for it, but Boudeg 
said it was too much for them to carry and he would take it 
to them on his horse early in the morning. They were forced 
to go again and found that he had no canvas for them, upon 
which his father had to buy it where he could get it. Also 
that when Boudeg saw the mill go, he said he never saw one 
go better in his life. John Woollcot, sr., affirmed the same. 
Sworn, June 25, 1680, before Daniel Denison.f 

Jno. Trask, aged about thirty-eight years, deposed that 
he went to Marblehead to put the mill to work, etc. Sworn 
in court. . , , ^^.„. , ^^ , 

*Writ, dated June 23, 1680, signed by Hilliard Veren,t 
for the court and the town of Salem, and served by Henry 
Skerry,t marshal of Salem, by attachment of the warehouse 
and all the land belonging to it. 

Benjamin Balch's bill of cost, 2h. 5s. 4d. 

Copy from the Salem town book of records: Granted on 
23 : 10 : 1639, to John Woodbery, John Balch and Mr. Con- 
nant five acres of meadow each in some convenient place. 
Copy made, 15 : 12 : 1678, by Jno. Higginson,t recorder to 

the selectmen. . i *^ i 

Copy from the Salem town book of records: At a general 
town meeting, 21 : 9 : 1658, it was ordered that Major William 
Hathorne have granted to him the town's right in the planters' 
marsh. Copy made, June 28, 1680, by John Hathorne,t 
recorder to the selectmen. -r. , i , 

Copy of a record of the settlement of John Balch s estate, 

t Autograph. 



1680] RECORDS AND FILES 389 

Mar. 3, 1663, at Ipswich court, made by Robert Lord,* cleric. 

Copj^ of the record of administration upon John Balch's 
estate, 27 : 4 : 1662, at Salem court, made b}' Hilliard Veren,* 
cleric. 

Copy of the record of Salem court, June 29, 1658: Ben- 
jamin Balch, bringing in testimony that the estate of Agnes 
Balch was little enough to pay the expenses of her long sick- 
ness, was ordered to have the whole estate. Copy made by 
Hilliard Veren,* cleric. 

At Ipswich court, Sept. 26, 1665, William Dodge acknowl- 
edged judgment to Capt. Walter Price for a debt of John 
Baulch, deceased, Baulch's wife being executrix. Copy made 
by Robert Lord,* cleric. 

Deed, dated 20 : 11 : 1658, given by Benjamin Balchf of 
Salem, husbandman, to Walter Price of Salem, shopkeeper, 
for one-half of five acres of meadow in the planters' marsh, 
between Francis Skery on the south and Mr. Geo. Emery on 
the north. Wit: Hillyard Veren* and Theodore Price.* 
Acknowledged, 26 : 3 : 1660, before Wm. Hathorne.* 

Copy of John Balch's will, dated May 15, 1648, taken 
4:4: 1656, by Elias Stileman,* cleric, and of the inventory, 
dated 19 : 1 : 1662, by Hilliard Veren,* cleric. 

Samuel Gardner, aged about fifty years, and John Massey, 
aged about forty-nine years, deposed that being desired to 
measure and divide land in the Planters' marsh, so called, 
near the north ferry in Salem, upland and salt marsh, thej'' 
found it about six acres, which thej' divided into two equal 
parts. This was John Balch, sr.'s, land, which Capt. John 
Price now claims, one-half of which Benjamin Balch, sr., now 
sues for, and deponents measured it this June. Sworn in court. 

Samuel Gardner, aged about fift^- years, and Thomas Gard- 
ner, aged about thirty years, deposed that Price claimed the 
whole six acres and ordered Francis Skerrj^ to load hay into 
his cart from off this land in 1679, in sight of deponents. 
Sworn in court. 

Deed, dated 30 : 11 : 1665, given by Wm. Hathornet of Salem 
to Walter Price of Salem, five acres of marsh and upland lying 
between land of George Emery on the south, land of Frances 
Skery on the southwest, the sea on the east and land of Daniell 
Rumble on the west, he to have all the right granted to said 
Hathorne by the town in 1658. Wit: John Croade* and 
William Lake.* Recorded, 30 : 11 : 1665, in the records at 
Salem, book 2, folio 79, by Hilliard Veren,* recorder. 

Capt. William Dixcie, aged about seventy j-ears, testified 
that above forty years past John Balch, sr., had five or six 
acres in the Planters' marsh, which he mowed for said Balch 
and afterward hired of him. Sworn in court. 

* Autograph. t Autograph and seal. 



390 SALEM QUARTERLY COURT [June 

Samuel Gardner, aged about fifty years, and Thomas Gard- 
ner, aged about thirty years, testified that they, as messengers 
from Benjamin Balch, sr., desire