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RECORDS  AND   FILES 


OF   THE 


QUARTERLY  COURTS 


OF 


ESSEX  COUNTY 


MASSACHUSETTS 


VOLUME    VI 
167M678 


SALEM,  MASS. 
PUBLISHED   BY  THE   ESSEX  INSTITUTE 

1917 


^ 


THOS.  P.  NICHOLS  &  SON  CO. 

printers 

Lynn,  Massachusetts 


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


Court  held  at  Ipswich,   Mar.  30,  1675. 

Judges:  Mr.  Samuell  Symonds,  Dep.  Govr.,  Major  GenrlL 
Denison,  Major  Wm.  Hathorne,  and  Mr.  Edward  Ting,  part 
of  the  court. 

Jury  of  trials:  Mr.  Daniell  Epps,  Edward  Lomas,  Walter 
Roper,  Samuell  Graves,  Thomas  French,  Mr.  Rich.  Dummer, 
jr.,  Wm.  Chandler,  Richard  Dole,  George  Kilborne,  John 
Bayley,  John  How  and  Nath.  Wells,  Mr.  Walker,  Symon 
Stace,  Jo.  Knight  and  Capt.  Brocklebank,  in  one  action. 

Mr.  Dudly  Bradstreet,  Thomas  Jacob,  Jo.  Peabody,  Nathan- 
iell  Rus[t],  Fra.  Browne,  Rich.  Hutton  and  Elisha  Ilsly  took 
the  freeman's  oath. 

Nathaniell  Putnam,  in  behalf  of  the  owners  of  the  Iron 
works  at  Rowley  Village  v.  Ens.  John  Gould,  Mr.  Thomas 
Baker  and  Nathaniell  Leonard.  Review  of  a  case  tried  at  the 
last  Ipswich  court  about  the  burning  of  the  Iron  works.  Ver- 
dict for  plaintiff.  Ens.  John  Gould  appealed  to  the  next 
Court  of  Assistants,  but  not  bringing  sureties  to  prosecute 
his  appeal,  it  was  declared  void.  The  testimonies  of  Looke, 
Ramsdell,  Blishman  and  Hood  were  objected  to  by  plaintiff 
as  not  having  been  taken  according  to  law,  they  living  within 
ten  miles  and  not  present,  and  also  because  John  How  testi- 
fied that  Ramsdell  revoked  his  testimony,  which  was  objected 
to  before  the  case  was  committed  to  the  jury.* 

*Writ,  dated  Mar.  20,  1674-5,  signed  by  Robert  Lord,t 
cleric,  and  served  by  Robert  Lord,!  marshal  of  Ipswich. 

Copy  of  agreement,  dated  Apr.  6,  1674,  between  the  owners 
of  the  Iron  works  at  Rowley  Village,  and  Samuell,  Nathaniell 
and  Thomas  Leonard,  sons  of  Henry  Leonard,  relating  to 
making  iron  there  by  the  ton:  the  Leonards  were  to  repair 
the  chimneys,  backs,  &c.,  to  stop  the  leak  in  the  dam  and  then 
to  deliver  the  house,  works  and  all  utensils  and  appurtenances, 
with  the  wood  and  coals  at  the  works  or  in  the  woods,  to  the 

t  Autograph. 

(1) 


2  IPSWICH    QUARTERLY    COURT  [Mar. 

owners  or  some  one  or  two  of  them  for  the  use  of  the  rest;  the 
owners  were  to  speedily  provide  a  stock  of  coal  and  mine,  and 
bring  it  to  the  works,  which  the  said  Leonards  are  to  make 
into  good  merchantable  bar  iron  with  due  care  and  diligence, 
with  as  little  loss  of  coal  or  mine  as  may  be,  for  which  the 
Leonards  were  to  be  allowed  51i.  10s.  per  ton  to  be  paid  in 
corn  or  iron  at  24s.  p  C;  they  were  to  have  the  use  of  two 
fires  for  the  present,  and  what  iron  they  made  in  excess  of  one 
ton  per  week  for  a  month  together,  they  should  be  allowed 
61i.  per  ton;  the  third  fire  is  reserved  to  be  disposed  of  by  the 
owners  as  they  shall  see  cause;  the  Leonards  were  to  keep  a 
true  account  of  every  week's  product  of  iron  and  at  least  once 
a  week,  or  oftener  if  desired,  deliver  the  iron  to  the  persons 
appointed,  or  if  in  anchors,  the  number  of  them;  they  were 
to  take  care  to  prevent  danger  or  damage  by  fire  or  water, 
the  necessary  charges  to  be  borne  by  the  owners,  and  for  other 
accidents  or  breaches  that  may  happen  without  their  fault 
or  neglect,  said  owners  were  to  repair  speedily,  or  they  may 
do  it  themselves  and  be  allowed  for  it  upon  account,  that  the 
works  may  not  stand  still  anj^  longer  than  necessary;  what 
mine  they  should  dig  or  wood  cut,  when  materials  are  want- 
ing at  the  works,  they  should  be  allowed  for  in  iron,  at  the 
rates  given  to  other  men  for  the  like  work,  that  they  may 
never  be  out  of  employment;  they  were  to  observe  the  order 
and  direction  of  any  of  the  owners,  especially  in  time  of  danger 
or  floods,  for  taking  and  keeping  down  the  flushboards;  this 
agreement  was  for  six  months,  and  the  Leonards  were  to  have 
the  use  of  two-thirds  of  the  house,  the  other  third  to  be  at  the 
disposal  of  the  owners.  Copy  made.  Mar.  24,  1674,  by  Rob- 
ert Lord,*  cleric. 

Writ:  Nathaniel  Putnam,  in  behalf  of  the  owners  of  the 
Iron  works  v.  Ensign  John  Gould,  Mr.  Thomas  Baker  and 
Nathaniel  Leonard;  trespass;  for  employing  Nathaniel  Leon- 
ard, without  their  consent  or  knowledge,  to  work  in  their 
forge  at  the  Iron  works  whereby  either  wilfully  or  through 
extreme  carelessness  and  negligence,  said  forge  was  burned 
and  all  in  it  to  the  value  of  between  200  and  30011.;  dated 
Sept.  14,  1674;  signed  by  Daniel  Denison,*  assistant;  and 
served  by  Robert  Lord,*  marshal  of  Ipswich.  Copy  made 
by  Robert  Lord,*  cleric. 

At  a  meeting  of  the  owners  of  the  Iron  works  at  Rowley 
Village  at  Salem,  viz.,  Mr.  Bradstreet,  Major  Genrll.  Daniel 
Denison,  Mr.  John  Rucke,  Ensign  John  Gould,  Nath.  Putnam 
and  Thomas  Andrewes,  on  22  :  5  :  1674:  "M''  John  Rucke, 
Corp"  John  Putnam  &  Tho.  Andrewes  they  or  any  two  of 
them  are  required  &  impowred  to  treat  &  agree  upon  as  good 

*Autograph. 


1675]  RECORDS    AND    FILES  3 

tearms  as  they  can  for  the  benefitt  of  the  s*^  owners  with  some 
skilful  &  meete  workman,  for  the  reedifyinge  &  repairing  the 
forge  at  the  s^  works  lately  demolished  by  fire,  and  desire  that 
it  may  be  done  &  finished  with  as  much  speede  as  may  be, 
and  wee  doe  heereby  promise  for  our  selues  to  discharge  & 
pay  our  seueral  pportions  according  to  their  engagement,  and 
shall  endeauor,  that  such  of  the  owners  as  are  absent  shall  doe 
the  like,  or  for  default  thereof  by  any  of  the  owners,  they  shall 
be  reimbursed  by  the  first  Iron  that  is  made  at  the  s*^  works, 
with  due  allowance  for  their  forbearence,  only  it  is  desired 
the  s*^  owners  may  not  be  engaged  to  pay  any  part  thereof  in 
money  or  not  aboue  an  8  p*  thereof  at  the  most.  Further  it  is 
ordered  &  agreed  that  Nathaniel  Putnam  shall  &  is  heereby 
appointed  &  impoured  to  sue,"  etc.  Signed  by  Simon  Brad- 
street,  Daniel  Denison,  Nathaniel  Putnam,  John  Gould,  who 
signed  to  the  former  part  for  the  rebuilding  but  not  in  regard 
to  the  suit,  John  Rucke,  Thomas  Andrewes  and  John  Safford. 
Copy  made  by  Daniel  Denison.* 

Joseph  Bexby*  and  Abraham  Reddington*  certified,  Mar. 
26,  1675,  that  they  being  desired  by  Nathanell  Putnam  to 
tell  him  how  much  the  damage  of  burning  the  forge  house 
amounted  to,  said  that  "John  Perly  by  bargaine  had  too 
hundreth  and  teenn  pound  and  three  pound  more  aded  and 
we  count  one  hundreth  pound  in  Iron  and  what  the  chimnies 
and  the  stocks  and  bellows  and  the  matters  that  are  considra- 
ble  about  them  as  leather  and  nailes  may  arise  unto."  They 
appraised  the  damage  at  21011.  "Joseph  Bixbe  doth  not 
looke  at  himself  to  be  owner  of  any  parte  of  the  works." 

Nathanell  Putnam's  bill  of  cost,  31i.  15s.  8d. 

William  Smith,  Jeremiah  Hood  and  Thomas  Looke  deposed 
that  they  being  at  John  Gould's  house  some  time  in  July  last 
when  some  of  the  owners  of  the  Iron  works  were  there,  they 
heard  the  latter  say  that  they  would  have  the  works  stand 
still.  Then  Mr.  Thomas  Baker  and  John  Gould  said  if  they 
would  pay  the  colliers  in  the  pay  agreed  upon,  they  would  be 
willing  for  the  work  to  stop,  but  the  owner  who  would  have 
them  stand  still  would  not  pay  the  colliers  and  Major  General 
Denison  made  this  answer,  that  he  had  no  pay  to  spare,  "let 
the  works  goe  till  they  have  payd  all  old  debts,  but  I  would 
haue  them  make  no  new  debts,"  and  then  he  rode  away.  All 
the  others  went  also  and  they  came  to  no  agreement.  Said 
Looke  deposed  that  Gould  and  Baker  never  hired  him  to  work 
with  Nathaniell  Lenard  in  the  forge,  nor  did  they  promise  him 
any  pay,  but  said  Lenard  hired  him.  Sworn,  Nov.  4,  1674, 
at  Ipswich  court.  Copy  made.  Mar.  26,  1675,  by  Robert 
Lord,*  cleric. 

*  Autograph. 


4  IPSWICH    QUARTERLY    COURT  [Mar. 

John  How,  aged  about  thirty  years,  deposed  that  he  heard 
Thomas  Andrewes  say  to  Ensigne  John  Gould  that  he  would 
not  consent  to  Nathaniel  Leonard  working  there,  and  if  he 
did,  it  would  be  at  Gould's  risk.  Further  that  Thomas  An- 
drewes said  that  he  could  save  himself  though  the  works  were 
burned,  for  he  and  his  brother  Gould  had  agreed  that  Nathaniel 
Leonard  should  not  work  without  Goodman  Looke,  etc. 
John  Wild  testified  to  a  portion  of  the  foregoing.  Sworn, 
Sept.  29,  1674,  at  Ipswich  court.  Copy  made  by  Robert  Lord,* 
cleric. 

Evan  Morris,  aged  about  sixty-six  years,  deposed  that  he 
being  at  the  works  the  evening  before  they  were  burned,  he 
saw  Nathaniell  Leonard  leave  work  and  never  saw  so  much 
care  taken  to  put  out  the  fire  as  at  that  time,  though  deponent 
had  been  a  retainer  there  three  months,  with  bed  and  board. 
Sworn,  Nov.  4,  1674,  at  Ipswich  court.  Copy  made  by  Robert 
Lord,*  cleric. 

Edmund  Bridges  testified.  Copy  made  by  Robert  Lord,* 
cleric. 

Robord  Bates  deposed  that  John  Gould  hired  him  to  carry 
the  coal  into  the  coalhouse  and  to  make  up  the  doors  so  that 
the  coal  might  be  secure,  and  he  was  to  be  allowed  4d.  per 
load,  etc.  Sworn,  Mar.  12,  1674,  before  Samuel  Symonds,* 
Dep.  Govr. 

John  Ramsdell  and  Thomas  Looke  deposed  that  after  the 
owners  left  John  Gould's  house,  Nathaniel  Leonard  told 
Baker  and  Gould  that  he  should  go  to  work  under  the  old 
agreement,  and  until  his  brother  Samuel  came  he  would  hire 
another  man,  but  they  forbade  him.  Nevertheless  Leonard 
went  to  work  and  threatened  John  Gould  when  he  found  him 
at  the  works,  etc.  Sworn,  Mar.  12,  1674,  before  Samuel 
Symonds,*  Dep.  Gov. 

John  Floyd,  aged  about  thirty-seven  years,  deposed  that 
Goodwife  Leonard  and  Nathaniel  Leonard  said  they  were 
done  at  the  works  and  would  work  no  more  and  deponent  saw 
that  their  goods  were  gone  out  of  the  house,  save  a  few  trifles. 
Also  Samuel  and  Thomas  Leonard  were  also  gone,  and  John 
Gold  asked  deponent  to  agree  with  the  owners  to  carry  on  the 
Iron  works.     Sworn  before  Daniel  Denison.* 

Jacob  Towne,  aged  about  forty-four  years,  deposed  that 
Ensign  Gold  told  him  at  deponent's  house  that  Nathaniel 
Linerd  had  been  to  him  that  night  and  told  him  that  the 
ringer  was  lost  and  he  had  made  one.  Also  that  he  should 
begin  to  blow  on  the  next  Monday  morning,  and  that  he  had 
engaged  Jeremiah  Hood  to  work  with  him.     Sworn  in  court. 

*Autograph. 


1675]  RECORDS    AND    FILES  5 

Henry  Kemball  v.  Augustin  Steadman.  Verdict  for  plain- 
tiff.* 

Zacheus  Courties,  jr.,  aged  about  twenty-eight  years,  de- 
posed that  his  father  and  his  brother  John  Courties  carried 
two  loads  of  clay  to  the  Iron  works  last  spring  upon  account 
of  Ensign  John  Gould  and  Mr.  Thomas  Baker,  and  the  Len- 
ords  daubed  two  of  the  chimneys  at  the  works.  They  also 
employed  the  Courties'  to  mend  the  wheels  and  repair  the 
works.  Sworn,  Mar.  12,  1674,  before  Samuel  Symonds,t 
Dep.  Gov. 

Letter  of  attorney,  dated  Mar.  10,  1674,  given  by  Daniel 
Denison,!  John  Safford,t  Simon  Bradstreetf  and  John  Rucke,t 
owners  of  the  Iron  works  at  Rowley  Village  to  Nathanel  Put- 
man. 

Jeremiah  Hoode  and  Elizabeth  Blichman  deposed.  The 
latter  testified  that  Nathaniel  Leonard  came  to  her  master's 
house  when  he  was  not  at  home  and  told  her  that  he  had 
blown  at  the  works.  When  her  master  came  home,  he  went 
to  get  his  horse  to  ride  to  his  brother  Thomas  Baker's,  etc. 
Thomas  Looke  testified  to  a  portion  of  the  same.  Sworn, 
Mar.  12,  1674,  before  Samuel  Symonds,t  Dep.  Govr. 

Zacheus  Courties,  sr.,  deposed.  Sworn,  Mar.  12,  1674,  be- 
fore Samuel  Symonds,t  Dep.  Govr. 

Copy  of  papers  in  an  action  of  Leonard  vs.  Mackfation, 
Mar.  25,  1673,  in  Ipswich  court  made  by  Robert  Lord,t  cleric. 

Edmund  Bridges,  aged  about  thirty-eight  years,  deposed. 
Sworn,  10  :  1  :  1674,  before  Wm.  Hathorne,t  assistant. 

William  Smith  and  Jerimiah  Hood  testified  that  they  heard 
John  Saford  and  Mr.  Rucke  say  that  they  were  willing  the 
works  should  go  if  they  might  have  their  share  of  iron.  Sworn 
in  court. 

Jeremiah  Hood  and  Elizabeth  [Blichmjan  deposed.  Sworn, 
Mar.  12,  1674,  before  Samuel  Symonds,t  Dep.  Govr. 

Willuiam  Curtisf  and  Edmond  Bridgesf  certified  that  by 
information  of  Iron  works'  builders  and  other  workmen  who 
have  great  insight  into  such  matters,  they  appraised  the 
damage  at  21011.  Sworn,  10  :  1  :  1674,  before  Wm.  Hathorne,t 
assistant. 

John  Ramsdell  deposed  that  he  came  into  the  forge  and 
looked  up  the  chimneys  and  that  they  were  sufficiently  mended. 
Sworn,  Mar.  12,  1674,  before  Samuel  Symonds,t  Dep.  Govr. 

♦Thomas  Kimbol  deposed  that  being  at  Newbery  a  few  days 
after  the  cow  in  controversy  was  found,  he  asked  Steadman  if 
he  did  not  dig  a  well  behind  his  house  at  Bradford  and  he  said 

tAutograph. 


6  IPSWICH    QUARTERLY    COURT  [Mar. 

Leift.  Philip  Nellson  v.  Robert  Savery,  Wm.  Bolton  and 
John  Woolcott.     Verdict  for  plaintiff.* 

Ossmand  Dutch  v.  Samuell  Bishop.  Debt.  For  two  oxen, 
a  net  and  mending  a  net.     Verdict  for  defendant.! 

yes,  and  deponent,  in  behalf  of  the  selectmen,  distrained  it, 
for  there  was  a  cow  stranded  in  it.     Sworn  in  court. 

*Writ:  Mr.  Phillip  Nellson  v.  Robert  Savory  of  Bradford, 
William  Bolton  and  John  Woolcott  of  Newbery;  non-pay- 
ment of  rent  according  to  lease;  dated  Mar.  18,  1674-5; 
signed  by  Robert  Lord,|  for  the  court;  and  served  by  John 
Acie,t  deputy  for  Robert  Lord, J  marshal  of  Ipswich. 

Summons,  dated  Mar.  18,  1674-5,  to  John  Woolcot  of  New- 
bury, for  appearance  at  the  next  Ipswich  court,  signed  by 
Robert  Lord, J  for  the  court. 

Agreement,  dated  Oct.  16,  1667,  between  Philip  Nellson+ 
of  Rowly  and  John  Woolcott  of  Neubery,  that  whereas  a  judg- 
ment was  granted  to  said  Nellson  against  said  Woolcot  for 
not  finishing  a  house  and  barn  according  to  covenant,  proved 
by  Robard  Savory  and  William  Boulton,  said  Woolcot  now 
engaged  to  finish  them  according  to  the  frames  now  erected 
and  was  to  bring  his  brother  Thomas  Tharla  within  one  week 
to  be  engaged  with  him;  that  four  pounds  be  given  to  Richard 
Dol  for  Mr.  Philop  Nelson  and  Thomas  Thoral;  also  that  the 
buildings  be  finished  before  the  next  June,  and  that  Mr. 
Nelson  be  harmless  from  the  two  tenants  now  upon  the  farm ; 
said  Woolcot  was  to  bring  Thomas  Thoral  on  the  next  Wednes- 
day to  Mr.  Nelson's  to  free  the  latter  from  all  damage  the 
tenants  have  sustained  since  they  have  been  upon  the  farm 
with  relation  to  the  buildings.  Wit:  John  KnightJ  and 
Nathan  Parkar.|  On  Oct.  23,  1667,  Thomas  Thurrell  ac- 
knowledged himself  bound  to  the  performance  of  the  fore- 
going engagement  before  witnesses,  William  Tennyf  and 
John  Sticknee.J     Sworn  in  court. 

Philip  Nellson's  bill  of  cost,  31i.  9s. 

Received  Dec.  7,  1672:  14  Bush.  Wheate  at  5s.,  31i.  7s. 
6  Bushells  Rie  at  4s.,  Hi.  4s.;  Feb.  10,  19  Bush.  Indian  at  3s. 
21i.  17s.;  4  bush.  Barly,  16s.;  oats,  2  Bushells  at  2s.,  5s. 
a  day's  work,  3s.;  an  axe,  8s.;  Nov.  8,  1673,  24  bushells  Barly 
41i.  16s.;  1  bush,  wheate,  5s.;  for  your  wife's  nursing,  10s. 
Nov.,  1674,  wheat  at  5s.,  41i.  5s.;  an  axe,  8s.;  1  pound  tobacco, 
Is.;   total,  19H.  3s. 

fWrit,  dated  Mar.  19,  1674-5,  signed  by  Robert  Lord,| 
for  the  court,  and  served  by  Robert  Lord,  J  marshal  of  Ipswich. 

Samuell  Bishop's  bill  of  cost,  12s.  2d. 

^Autograph. 


1675]  RECORDS    AND    FILES  7 

Robert  Savery  v.  Mr.  Philip  Nellson.  Non-performance 
of  a  covenant.     Nonsuited. 

George  Norton  v.  Samuell  Cogswell.  Debt,  in  fish.  Ver- 
dict for  plaintiff.* 

Robert  Ames  v.  Edmond  Bridges.  For  withholding  pay 
for  a  steer.  Verdict  for  plaintiff,  who  acknowledged  satis- 
faction in  court. t 

Nathaniell  Putnam  v.  Robert  Sanford.  Review  of  a  case 
tried  at  the  last  Salem  court.  Verdict  for  plaintiff.  Appealed 
to  the  next  Court  of  Assistants.  Robert  Sanford,  with  Mr. 
Francis  Wainwright  and  John  Wainwright,  as  sureties,  was 
bound.     Said  Sanford  made  allegation  in  order  to  a  nonsuit,  t 

John  Hov*',  aged  about  thirty-five  years,  testified  that  he 
went  with  Osemen  Dutch  to  Mr.  Samuell  Bushep's  house  about 
the  latter  end  of  September  and  reckoned  accounts,  etc. 
Sworn  in  court. 

Dinah  Bishop,  aged  about  seventeen  years,  testified  that  she 
was  present  when  the  account  v/as  made  up.     Sworn  in  court. 

*Writ,  dated  Feb.  22,  1674,  signed  by  Elias  Stileman,§  for 
the  court,  and  served  by  Robert  Lord,§  marshal  of  Ipswich, 
by  attachment  of  the  farm  commonly  called  the  Great  Pasture 
on  the  other  side  Cheabaco  river. 

Bond,  dated  Apr.  29,  1674,  given  by  Samuell  Cogswell§  to 
George  Norton,  shipwright,  for  501i.,  in  money  and  refuse  fish 
to  be  paid  at  the  He  of  Sholes  in  beef,  pork,  wheat  and  Indian 
corn.  Wit:  William  (his  mark)  Hillton  and  Nathanll. 
Wright. §  Sworn  by  the  witnesses  before  Samll.  Dalton,§ 
commissioner. 

tWrit,  dated  26  :  9  :  1674,  signed  by  Hilliard  Veren,§  for 
the  court,  and  served  by  Robert  Lord,§  marshal  of  Ipswich. 

Walter  Fayerfield,  aged  about  forty  years,  testified  that 
being  in  company  with  Zacheus  Curties  at  Mr.  Gedny's  at 
the  beginning  of  the  last  winter,  he  heard  Samuell  Symonds 
say  that  he  and  Edmond  Bridges  had  agreed  that  said  Sy- 
monds should  make  a  cubbard  and  other  joinery  ware  by  a 
set  time,  and  if  he  did  so,  he  was  to  have  a  steer  for  pay,  etc. 
Sworn  in  court. 

Moses  Tiler  and  Zacheus  Courtis  testified.     Sworn  in  court. 

Zacheus  Curteus,  Moses  Tiler  and  Daniell  Wycam  testified 
that  Bridges  promised  that  if  Simonds  recovered  the  steer 
from  Ames  at  Salem  court,  then  he  would  pay  for  the  steer  and 
all  court  charges,  etc.     Sworn  in  court. 

JWrit,  dated  Mar.   11,   1674-5,  signed  by  Hilliard  Veren,§ 

§Autograph. 


8  IPSWICH    QUARTERLY    COURT  [Mar. 

for  the  court,  and  served  by  Henery  Skerry,*  marshal  of  Salem. 

Copies  of  papers  in  a  similar  action  tried  at  Salem  court  in 
June,  1674,  made  by  Hilliard  Veren,*  cleric,  and  at  the  Court 
of  Assistants  Sept.,  1674,  made  by  Edward  Rawson,*  secretary. 

Copy  of  a  town  order,  11  :  11  :  1635,  signed  by  Jno.  Ende- 
cott,  Thomas  Gardner,  Roger  Connant,  Jeffry  Massey  and 
Edmund  Batter,  made  by  Bartho.  Gedney.* 

Robert  Sanford's  bill  of  cost,  21i.  8s.  6d. 

Nathaniell  Putnam's  bill  of  cost,  31i. 

Nathanill  Putnam,  jr.,  aged  upward  of  nineteen  years,  de- 
posed that  ever  since  he  could  remember  his  father  Nathaniell 
Putnam  had  improved  the  land  in  controversy  between  Rob- 
ert Sanford  and  Nathaniell  Putnam  by  cutting  down  timber, 
and  had  cleared  the  swamp  and  upland  for  mowing  to  the 
amount  of  five  or  six  acres  within  the  fence.  Also  within  the 
fence  toward  the  sawmill,  he  had  often  felled  timber  and 
cleared  the  swamp  to  make  two  or  three  acres  of  meadow. 
Sworn,  17  :  1  :  1674-5,  before  Wm.  Hathorne,*  assistant. 


Plan  filed  with  the  Putnam  v.  Sanford  case  showing  a  portion  of  what  is 
now  known  as  the  Nurse  farm. 

Nathaniel  Ingersol,  aged  forty-two  years,  and  Jonathan 
Walkut,  aged  thirty-five  years,  deposed  that  they  were  de- 
sired about  five  years  ago  by  Nathaniel  Putnam  and  Joseph 
Hutchinson  to  run  a  dividing  line  between  James  Hadlocke's, 
Joseph  Hutchuson's  and  said  Putnam.  They  began  at  the 
great  white  oak  tree  which  is  now  marked  for  a  bound  tree  and 
stands  near  the  fence  of  said  Putnam.  Sworn,  Mar.  29, 
1675,  before  Edward  Tyng,*  assistant. 

Nathaniel  Ingersol,  aged  about  forty-two  years,  deposed  that 

*Autograph. 


1675]  RECORDS    AND    FILES  9 

John  Hathorne  v.  Mr.  John  Gifford.  Battery.  Verdict 
for  plaintiff.     Appealed  to  the  next  Court  of  Assistants.* 

about  twenty  years  ago  he  was  at  the  dividing  of  the  farm  which 
formerly  belonged  to  Mr.  Stileman  and  John  Pease,  and  they 
began  at  a  great  white  oak  tree  near  Job  Swinerton's  house, 
and  so  came  down  with  a  line  to  the  northerly  side  of  the 
orchard  which  is  now  in  the  possession  of  Robert  Sanford, 
and  then  over  a  little  brook,  thence  to  near  a  great  white  oak 
which  is  now  marked  for  a  bound  tree  and  so  continued  run- 
ning the  line  to  or  near  the  place  where  the  two  brooks  meet, 
but  did  not  go  over  the  brook.  Sworn,  Mar.  29,  1675,  before 
Edward  Tyng,t  assistant. 

Steven  Hasket,  aged  thirty-eight  years,  deposed  that  he 
heard  Nathaniel  Putnam,  sr.,  say  that  it  was  better  for  Robert 
Sanford  to  be  contented,  for  if  he  would  be  quiet,  he  might 
have  more  land  that  was  better.  Sworn,  Mar.  29,  1675,  be- 
fore Edward  Tyng,t  assistant. 

Samuell  Putnam,  aged  upward  of  twenty-two  years,  de- 
posed that  his  father  Nathaniell  Putnam,  etc.  Sv/orn,  10  : 
1  :  1674-5,  before  Wm.  Hathorne, f  assistant. 

Nathennill  Ingersoll,  aged  about  forty-one  years,  deposed 
that  a  considerable  part  of  the  first  fence  that  Nathennill 
Puttnam  set  up  by  the  brook  that  runs  out  of  TownesEnde 
Bishop's  meadow,  that  was,  stood  upon  the  south  side  of  the 
brook.  Also  that  it  was  set  up  about  twenty-three  years  ago. 
Sworn,  16  :  9  :  1674,  before  Wm.  Hathorne, f  assistant. 

*Writ,  dated  Mar.  17,  1674,  signed  by  John  Fuller,t  for  the 
court,  and  served  by  Nathaniell  Ballard, f  constable  of  Lin. 

John  Hathorn's  bill  of  cost,  21i.  18s.  6d. 

Jno.  Smith  and  John  Andrews  testified  that  in  these  actions 
of  Jno.  Hawthorne's  it  was  ordered  that  Mr.  Giffard  be  bound, 
saying  he  was  a  mad  man,  and  at  John  Hathorne's  going  away 
ordered  the  constable  and  one  or  two  more  to  bring  them  along 
with  them.  Andrews  testified  that  Hawthorne  asked  Johnson 
and  Basset  to  stay  and  bring  Mr.  Giffard  with  them.  Sworn, 
Mar.  29,  1675,  before  Edward  Tyng,t  assistant. 

Christopher  Temple,  John  Smith  and  John  Andrews  testi- 
fied that  he  was  present  when  John  Hav/thorne  and  Edward 
Richards,  with  others  of  Lyn,  came  to  levy  execution,  Mr. 
Giffard's  cattle  being  from  home.  The  cattle  were  brought 
and  Giffard  refused  to  allowed  them  to  be  attached,  but  said 
there  were  two  or  three  calves  and  some  fat  hogs  in  the  sty, 
also  some  English  goods  in  the  house  which  they  could  have, 
etc.     Sworn,  Mar.  29,  1675,  before  Edward  Tyng.f 

t  Autograph. 


10  IPSWICH    QUARTERLY    COURT  [Mar. 

Hester,  relict  of  John  Bond  v.  Richard  Dole.  For  dower. 
Verdict  for  plaintiff,  her  dower,  or  third  part  of  about  twenty 
shares  of  land  and  marsh  at  Plumb  Hand  which  were  possessed 
by  her  husband.  Court  ordered  Capt.  Sam.  Brocklebanke, 
Lift.  Nellson  and  Ezekiell  Northend  to  set  off  her  thirds.* 

Capt.  Thomas  Marshall  deposed  as  to  being  surety  for 
Giffard.  Thomas  Stocker,  aged  about  fifty-five  years,  de- 
posed.    Sworn,  Mar.  29,  1675,  before  Edward  Tyng,t  assistant. 

Ralph  King,  aged  about  thirty-five  years,  William  Bassitt, 
aged  about  fifty  years,  Samuell  Johnson,  aged  about  thirty 
years,  and  Nathaniell  Ballard,  aged  about  thirty-seven  years, 
deposed  concerning  witnessing  the  levying  of  the  execution  at 
Giffard's  house.  Upon  refusing  to  give  up  the  cattle,  Giffard 
also  refused  to  submit  to  authority  whereupon  John  Hathorne 
took  hold  of  him  by  his  coat,  but  he  turned  away.  Then 
Hathorne  took  hold  of  his  neckcloth  whereupon  Jeffard  struck 
him  three  blows  on  his  face  and  also  struck  him  on  the  head 
with  the  stale  of  a  rake  and  told  him  he  was  a  rogue  and  if  he 
had  his  deserts  he  would  have  been  on  the  pillory  before  this. 
Also  that  Margaret  Jeffard  came  out  and  bit  said  Hathorne 
upon  the  back  of  his  hand.  Jeffard  further  challenged  Ed- 
ward Richards  to  fight  him.  Nathaniell  Ballard  was  the 
constable.  Sworn,  15  :  1  :  1674-5,  before  Wm.  Hathorne, f 
assistant. 

*Writ,  dated  Mar.  12,  1674-5,  signed  by  Robert  Lord,t 
for  the  court,  and  served  by  Samuell  Plumer,t  deputy  for 
Robert  Lord,t  marshal  of  Ipswich. 

Ester  Bondes  bill  of  cost,  31i.  Is.  8d. 

Ezekiell  Northend  deposed  that  he  went  with  Mr.  Phillip 
Nellson  to  John  Bond  when  the  latter  lived  at  Plum  Hand  in 
his  house  which  was  on  Rowley  share.  Nellson  demanded 
pay  of  Bond  for  about  twenty  shares  of  land  and  meadow 
which  he  said  Bond  had  bought.     Sworn  in  court. 

Daniell  Epps,  aged  about  fifty  years,  testified  that  twelve 
years  ago  he  was  occasionally  at  Plumb  Island  at  Goodman 
Bond's  house,  when  the  latter  told  him  he  had  bought  a  third 
part  of  Rowley  division.  Going  there  again  later  about  one 
of  his  sons  who  was  apprenticed  to  deponent,  he  saw  some  In- 
dian corn  that  was  planted  upon  the  sandy  ground  where  the 
pine  trees  grew  and  asked  Bond  why  he  planted  there.  Bond 
said  for  a  trial,  but  it  came  to  nothing,  etc.     Sworn  in  court. 

John  Griffing,  aged  about  thirty-seven  years,  deposed  that 
he  heard  Mr.  Richard  Doill  say  that  he  wondered  that  the 
widow  Bond  would  ever  think  of  recovering  her  thirds,  for  she 

t  Autograph. 


1675]  RECORDS    AND    FILES  11 

Margret  Bishop,  executrix  of  the  estate  of  Thomas  Bishop, 
deceased  v.  Ens.  John  Gould.  Review  of  a  case  tried  at  Salem 
court  last  November.     Verdict  for  plaintiff.* 

knew  that  he  bought  it  of  her  husband  and  she  signed  this 
deed  and  also  that  which  Mr.  Juit  made  to  her  husband. 

John  Willcut  deposed  that  he  built  a  house  for  John  Bond  on 
the  Rowley  part  of  Plum  Island  about  fourteen  years  ago,  and 
he  heard  John  Bond,  Rogers  and  Troter  say  that  they  were 
equal  proprietors.     Sworn  in  court. 

John  Knight,  aged  about  fifty  years,  deposed  that  John 
Bond  of  Haverhill,  late  husband  to  Hester  Bond,  lived  at 
his  Plumbe  Island  house  two  years,  etc.     Sworn  in  court. 

Stephen  Grenlefe,  aged  about  forty-five  years,  deposed  that 
he  paid  Mr.  Joseph  Juete  about  601i.  for  the  use  of  John  Bond, 
now  deceased,  which  was  for  his  share  at  Plum  Island,  etc. 
Sworn  in  court. 

Daniel  and  Elizabeth  Ela  deposed.  Sworn,  Mar.  29,  1675, 
before  Nath.  Saltonstall.t 

Deed,  dated  June  27,  1664,  given  by  Philip  Nellson,t  John 
CarletonJ  and  Jeremiah  Jewett,|  executors  of  the  estate  of 
their  father,  Joseph  Jewett,  for  20011.,  to  Richard  Doell,  Henry 
Jaquis  and  John  Bond  of  Newbury,  66  shares  of  Plum  Island, 
Rowley  division,  bounded  upon  Ipswitch  marsh  on  the  south, 
Newbury  marsh  on  the  north,  which  shares  were  bought  by 
their  father  Jewett  of  sixty  odd  persons,  containing  all  the 
right  of  almost  all  the  persons  in  the  town  of  Rowley.  Wit: 
Ezeckel  Northendf  and  Jeremiah  Elsworth.f  Acknowledged, 
June  27,  1664,  before  Samuel  Symonds.f  Possession  was  given 
to  Richard  Doell  and  Henry  Jaquis,  Aug,  23,  1664,  by  Philip 
Nellsonf  and  Jeremiah  Jewett. f  Wit:  Hugh  Marchf  and 
John  Mighell.f  Recorded,  May  10,  1665  in  the  records  of 
lands  for  Essex  at  Ipswich,  book  2,  folio  137,  8,  9,  by  Robert 
Lord,t  recorder. 

Joseph  Bond,  aged  twenty-two  years,  deposed  concerning 
his  father's  purchase,  etc.  Sworn,  Mar.  29,  1675,  before 
Nath.    Saltonstall,t  com.missioner. 

Bond,  dated  Aug.  15,  1659,  given  by  Robt.  RogersJ  and 
William  (his  mark)  Trotter  of  Newberie  to  Joseph  Jewett  of 
Rowly,  clothier,  in  consideration  of  60  odd  shares  of  Plum 
Island,  for  20011  to  be  paid  within  seven  years  in  corn,  beef 
or  pork  at  said  Jewett's  dwelling  house  at  Rowley.  Wit: 
Stephen  Swetf  and  Thomas  (his  mark)  Seers. 

*Writ,  dated  Jan.  22,  1674,  signed  by  Robert  Lord,t  for 
the  court,  and  served  by  Robert  Lord,t   marshal  of  Ipswich 

t  Autograph.  J  Autograph  and  seal. 


12  IPSWICH    QUARTERLY    COURT  (Mar. 

Robert  Dutch  v.  Samuell  Bishop  and  Margret  Bishop, 
executors.     Verdict  for  defendants.* 

Samuell  Bishop  v.  Robert  Dutch.  Debt.  Forfeiture  of  a 
bond.     Verdict  for  plaintiff.     Court  moderated  the  bond.f 

by  attachment  of  three  cows,  30  sheep  and  a  joined  stool  of 
defendant's. 

Margaret  Bishop's  bill  of  cost,  21i.  13s.  6d. 

John  Numarch,  sr.,  testified  that  he  being  present  with  his 
brother  Gould  at  Mr.  Bishop's  house,  etc.     Sworn  in  court. 

Samuell  Bishop,  aged  about  twenty-nine  years,  deposed. 
Sworn  in  court. 

John  Gold's  debts,  241i.  17s.  John  Gold's  credits,  from  the 
waste  book,  for  an  ox,  61i. 

John  Choat,  aged  about  forty  years,  deposed  that  being  at 
his  master  Bishop's  house  four  years  ago,  he  asked  said  Bishop 
to  sell  him  a  bullock,  and  he  said  he  would  sell  one  he  bought 
of  John  Gold  of  Topsfeild  for  61i.  Deponent  bought  this 
beast  which  was  a  red  pied  bullock  with  a  star  in  his  forehead. 
Sworn  in  court. 

Richard  Pasmore,  aged  about  thirty  years,  deposed  that  he 
heard  his  master  Bishop  speak  of  the  bullock  the  fall  before 
he  died.  Afterwards  the  bullock  ran  away,  and  his  master 
and  John  Harvey  brought  him  home.     Sworn  in  court. 

John  Gould  testified  concerning  the  accounts.    Sworn  in  court. 

Robert  Lord,  marshal,  aged  about  forty-three  years,  deposed. 
Sworn  in  court. 

*Writ:  Robert  Dutch,  sr.  v.  Margret  and  Samuell  Bishop, 
executors  of  the  estate  of  Thomas  Bishop;   for  refusing  to  pay 

13  quintals  of  refuse  fish,  which  said  Dutch  delivered  to  Mr. 
William  Browne,  jr.,  of  Salem,  and  which  was  forgotten  when 
said  Bishop  and  Dutch  reckoned;  dated  Mar.  23,  1674-5; 
signed  by  Robert  Lord,|  for  the  court;  and  served  by  Robert 
Lord, J  marshal  of  Ipswich. 

John  Dutch,  aged  about  twenty-seven  years,  deposed  that 
being  with  his  father  at  Salem  about  six  years  ago  he  helped 
him  to  deliver  to  Mr.  William  Browne,  jr.,  the  13  quintals  of 
fish,  etc.     Sworn,  Feb.  27,  1674,  before  Daniel  Denison.J 

Bill  of  cost  of  Margarett  and  Samuell  Bishop,  18s. 

Phillip  Fowler,  aged  about  twenty-six  years,  deposed  that  he 
and  Goodwife  Duch  were  at  Mrs.  Bishop's  house,  and  they  a- 
greed  that  if  her  husband  Robert  Duch,  sr.,  etc.     Sworn  in  court. 

fWrit,  dated  Mar.  24,  1674-5,  signed  by  Robert  Lord,!  for 
the  court,  and  served  by  Simon  Stace,|  deputy  for  Robert 
LordjJ  marshal  of  Ipswich. 

JAutograph. 


1675]  RECORDS    AND    FILES  13 

Steephen  Hascott  v.  Giles  Allee.     Debt.     Withdrawn, 

John  Woolcot  V.  John  Young,  Debt,  By  assignment  of 
Samuell  Levet  of  Exeter,     Verdict  for  plaintiff. 

Faith  Law,  administratrix  of  the  estate  of  Wm,  Law  v. 
William  Nellson,  Debt,  Defendant  acknowledged  judgment 
to  plaintiff  in  corn  and  money. 

John  Acie  v,  John  Pickerd,  Defamation,  Verdict  for  de- 
fendant. After  being  sent  out  again,  the  jury  brought  in  a 
verdict  for  plaintiff.* 

Bond,  dated  Aug.  7,  1671,  given  by  Robbert  (his  mark) 
Dutch,  sr.,  seaman,  to  Samuell  Bishop,  to  be  paid  in  refuse 
fish  or  mackerel,  and  delivered  at  Boston,  Wit:  Thomas 
Wellsf  and  Thomas  Ives,t     Sworn  in  court, 

Samuell  Bishops'  bill  of  cost.  Hi,  13s.  2d. 

Thomas  Ives,  aged  about  twenty-eight  years,  deposed. 
Sworn  in  court. 

Robert  Dutch,  sr.,  aged  about  fifty  years,  deposed  con- 
cerning delivering  the  fish.  Sworn,  Feb.  26,  1674,  before 
Daniel  Denison.f 

*Writ:  John  Acie  v.  John  Pickerd;  defamation;  for  basely 
and  reproachfully  reviling  him  in  a  public  town  meeting  at 
Rowley  in  falsely  asserting  that  he  had  ruined  four  persons 
already,  naming  the  persons;  dated  Mar.  22,  1674-5;  signed 
by  Tho.  Leaver,t  clerk;  and  served  by  Jeremiah  Elsworth,t 
constable  of  Rowley,  by  attachment  of  the  house  and  land  of 
defendant. 

John  Acie's  bill  of  cost. 

Thomas  Remington  and  Mehittabell,  his  wife,  deposed  that 
he,  being  named  as  one  whom  Acie  had  ruined,  denied  the 
charge.     Sworn  in  court. 

James  Baly,  sr,,  Joseph  Trumble  and  John  Hopkinson  de- 
posed that  at  the  town  meeting  last  winter  Mr,  Jeremiah 
Sheppard  came  in  and  was  arguing  with  some  persons,  John 
Acie  then  present  argued  on  his  side,  Jno.  Pickard,  sr,,  being 
there  desired  to  speak  a  word  to  Mr.  Sheppard  and  said  that 
John  Acie  standing  on  his  side  would  not  make  for  his  advan- 
tage, for  said  Acie  had  ruined  Josuah  Bradley,  Doctor  Crosbie, 
Hannah  Palmer  and  Thomas  Remington,     Sworn  in  court, 

Richard  Swann,  aged  about  sixty-eight  years,  deposed  that 
he  was  at  the  Generall  Court  where  there  was  a  case  about 
Capt,  Marshall's  marrying  two  persons  too  privately,  and  he 
spoke  to  Major  Pike  about  them,  Josuah  Bradley  and  Judeth 
Lum,  whom  he  married  at  Rowley,  ''which  John  Pickard  I 

t  Autograph, 


14  IPSWICH    QUARTERLY    COURT  [Mar. 

told  him  was  much  trobled  att:  and  also  that  John  Acie  had 
some  hand  in  it;  he  replyed  he  was  much  trobled  at  it  when 
he  heard  of  it;  &  he  sayd  he  hoped  it  should  be  a  warning  to 
him  for  the  future."  Deponent  saw  Josuah  Bradley  and 
John  Acie  riding  to  town  together  the  day  of  the  marriage. 
Sworn  in  court. 

Joseph  Trumble,  aged  about  twenty-seven  years,  deposed 
that  being  related  to  John  Hopkinson,  he  knew  about  his  pro- 
ceedings in  love  which  he  made  to  Hannah,  daughter  of  Jno. 
Palmer  of  Rowley,  and  was  at  Palmer's  house  when  there  was 
a  discussion  concerning  breaking  off  the  marriage.  John 
Acie,  Hannah's  uncle,  was  there,  and  Hannah  was  in  a  mel- 
ancholy frame  of  mind.  Acie  asked  her  if  Hopkinson  had 
given  her  any  tokens  of  his  love  and  she  said  he  had,  but  re- 
fused to  show  them,  saying  those  were  the  only  comforts  she 
had  in  his  absence.  Finally  being  importuned  by  Acie  she 
gave  them  to  him,  he  promising  to  return  them  to  her  in  a 
week's  time.  Later  she  told  deponent  that  Acie  had  returned 
the  tokens  to  Hopkinson  and  had  promised  to  give  her  ten 
pounds  upon  her  marriage,  if  she  would  break  off  the  match 
with  Hopkinson.  So  John  Acie  broke  off  the  match  and  gave 
Hannah  a  coat  on  that  account.  Both  Hannah  and  John  were 
much  dejected,  etc.     Sworn  in  court. 

John  Pallmor  and  Margaret  Pallmor  deposed  that  they  never 
heard  their  daughter  Hannah  say  anything  against  John 
Acie,  her  uncle,  '  'and  that  we  doe  beleiue  that  any  good  that 
he  could  doe  her  by  night  or  by  day  he  would  redily  and  wil- 
lingly haue  done  it,"  etc.     Sworn  in  court. 

Mary  Pearson,  aged  about  twenty-four  years,  deposed 
that  a  while  before  Josuah  Bradley  went  from  Rowley,  she 
heard  him  and  his  wife  say  that  their  reason  for  going  was 
because  they  could  never  have  any  peace  since  Josuah  had 
given  in  a  testimony  against  Acie  and  the  latter  was  enraged. 
Sworn  in  court. 

Abell  Platts,  aged  about  twenty-five  years,  deposed  that  in 
the  case  between  Thomas  Remington  and  John  Johnson,  he 
heard  John  Acie  say  to  Johnson  that  he  would  spend  his 
estate  before  Johnson  should  have  the  gate*  and  a  quarter 
again,  etc.     Sworn  in  court. 

Thomas  Wood,  aged  about  forty  years,  deposed  that  being 
desired  by  his  brother  Todd  to  get  hay  from  the  meadow  that 
he  took  from  Dr.  Crosbie  by  execution,  they  went  and  found 
Acie  there  who  spoke  threatening  words  and  struck  several 
persons,  etc.     John  Todd  testified  to  the  same.     Sworn  in  court. 


*Gate,  i.  e.  term  used  in  Rowley  to  indicate  a  right  to  pasturage  in  the 
common  land. 


1675]  RECORDS    AND    FILES  15 

Prudence  Cotton,  aged  about  thirty-seven  years,  being  re- 
quired by  John  Acy  of  Rowley  to  testify  concerning  ruining 
her  former  husband,  Mr.  Anthony  Crosbey,  deposed  that 
since  she  had  known  said  Acy,  which  was  ever  since  she  was 
married  to  said  Crosbey,  he  had  always  been  faithful  to  her 
husband,  persuading  him  always  toward  peace  and  quietness 
and  advising  him  to  take  heed  of  and  forbear  other  infirmities 
Avhich  rendered  said  Crosby  obnoxious.  He  had  also  been 
faithful  in  assisting  her  and  the  children  since  said  Crosby's 
death.  Sworn,  Mar.  29,  1675,  before  Samll.  Dalton,*  com- 
missioner. 

Abraham  Jewett  and  Henory  Rojdey  deposed  that  being 
desired  by  Mr.  Crosbie  to  witness  a  deed  given  by  him  to 
Jonathan  Plats  and  John  Acie  of  all  his  houses  and  lands 
within  five  miles  of  the  town  of  Rowley,  the  latter  refused  to 
take  it,  but  Crosbie  told  them  it  might  be  well  to  preserve  his 
estate  iFor  his  wife  and  children.     Sworn  in  court. 

James  Baily,  aged  about  sixty  years,  and  Joseph  Trumble, 
aged  twentj^-seven  years,  deposed.     Sworn  in  court. 

Ann  Swann,  aged  about  sixty  years,  deposed.  Sworn  in 
court. 

Benjamin  Scott,  aged  about  twentj'-five  j^ears,  deposed. 
Sworn  in  court. 

Thomas  Kimball  deposed.     Sworn  in  court. 

James  Bayly,  sr.,  and  Jno.  Trumble  deposed. 

Jno.  Hopkinson,  aged  about  twenty-eight  years,  deposed 
that  "divers  years  agoe,  myself  &  Hannah  pallmer  being  drawne 
Into  Society  one  w*''  another,  by  some  of  her  relations,  our 
affections  in  time  being  set  upon  each  other,  it  was  discovered 
to  my  mother,  whose  consent  I  laboured  to  Gaine  but  she 
stil  remained  opposite,  &  the  reasons  Avas  she  sayd  wee  were 
childish:  &  our  beginnings  was  Contrary  to  y®  way  that  gods 
people  went  in:  but  her  cheif  Reason  was  because  she  would 
not  be  soe  near  related  to  y"  Acies:  which  thing  when  John 
Acie  understood,  not  many  dayes  after,  he  Came  to  me,  & 
told  me  he  did  understand  that  the  match  between  his  Cousin 
Hannah  &  this  deponant  was  broke:  I  Replyed  not  that  I 
knew  of,  etc."     Sworn  in  court. 

Samuell  Brocklebanke  and  Ezekiell  Northend  testified. 
Sworn  in  court. 

Daniell  Wickam  deposed  that  being  at  work  at  Mr.  Cros- 
bie's  house,  etc.     Sworn  in  court. 

John  Todd,  aged  about  fifty-four  years,  deposed.  Sworn  in 
court. 

John  Johnson,  aged  about  sixteen  years,  deposed  that  he 

*Autograph. 


16  IPSWICH    QUARTERLY    COURT  [Mar. 

Mr.  Frances  Wainwright  v.  Mathew  Stanly.  Debt.  Ver- 
dict for  plaintiff. 

Mr.  John  Giffard  v.  Edward  Richards.     Nonsuited. 

John  Hathorne  v.  Mr.  John  Giffard  and  Margaret,  his  wife. 
Battery.  Verdict  for  defendant.  After  being  sent  out  again, 
the  jury  brought  in  a  verdict  for  plaintiff.  Appealed  to  the 
next  Court  of  Assistants.* 

John  Hathorne  v.  Mr.  John  Giffard  and  Margaret,  his  wife. 
Slander.  Verdict  for  defendant.  After  being  sent  out  again, 
the  jury  brought  in  a  verdict  for  plaintiff.  Appealed  to  the 
next  Court  of  Assistants.! 

John  Hathorne  v.  Mr.  John  Giffard.  Slander.  Verdict 
for  defendant.  After  being  sent  out  again,  the  jury  brought 
in  a  verdict  for  plaintiff.  Appealed  to  the  next  Court  of 
Assistants.  Mr,  John  Giffard  bound,  with  Andrew  Peeters 
and  Symon  Tuttle,  as  sureties,  f 

asked  John  Acie  why  he  was  so  set  against  him  as  to  be  Thomas 
Remmington's  chief  counsellor,  etc.     Sworn  in  court. 

Abraham  Jewet  deposed. 

Sammuell  Plats,  sr.,  and  Phihp  Nellson  deposed  that  John 
Pickard  told  them  that  all  the  troubles  in  their  town  were 
caused  by  Mr.  Shepard,  and  if  it  had  not  been  for  him,  said 
Pickard  would  not  have  been  fined  so  much  in  John  Acie's 
action.  Further  he  told  them  that  he  being  at  a  meeting 
with  the  selectmen,  they  thought  it  best  to  choose  the  old 
selectmen  to  serve  again,  considering  the  difficulties  of  the 
division  of  the  commons.     Sworn  in  court. 

*Writ,  dated  Mar.  17,  1674-5,  signed  by  John  Fuiler,§  for 
the  court,  and  served  by  Nathaniell  Ballard,  §  constable  of 
Lin,  by  attachment  of  the  dwelling  house  and  land,  a  stack 
of  hay,  cart  wheels  and  utensils  of  defendant. 

John  Hathorne's  bill  of  cost,  31i.  2s.  6d. 

William  Bassitt,  Edward  Richards  and  Samuell  Johnson 
deposed  concerning  John  Hathorne  of  Lyn,  deputy  marshal, 
levying  the  execution,  etc.     Sworn  in  court. 

tWrit,  dated  Mar.  17,  1674-5,  signed  by  John  Fuller, §  for 
the  court,  and  served  by  Nathaniell  Ballard, §  constable  of  Lyn. 

William  Bassitt,  Edward  Richards,  aged  about  sixty  years, 
and  Samuell  Johnson,  aged  about  thirty-five  years,  deposed. 
Sworn  in  court. 

JWrit,    dated    Mar.    17,    1674-5,    signed    by    John    Fuller. § 

§Autograi)h. 


1675]  RECORDS    AND    TILES  17 

John  Hobs  v.  Robert  Bartlet,  surety  for  Sam.  Rowland. 
Verdict  for  plaintiff. 

Robert  Dutch  v.  John  Clarke.  Debt.  Verdict  for  de- 
fendant.* 

Edward  Phelphs  acknowledged  judgment  to  Philip  Crom- 
well. 

Hugh  March  had  his  license  renewed  for  a  year,  also  his 
license  for  liquors. 

Daniell  Clarke  had  his  license  renewed  for  a  year. 

John  Stone  of  Beverly  had  his  license  renewed  for  a  year. 

Ezekiell  Woodward  had  his  license  renewed  for  a  year,  also 
his  license  to  draw  liquors. 

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

Ens.  Jo.  Gould  acknowledged  judgment  to  Robert  Pane,  in 
bar  iron. 

Mr.  Thomas  Baker  acknowledged  judgment  to  Mr.  Robert 
Paine,  in  bar  iron. 

for  the  court,  and  served  by  Nathaniell  Ballard,t  constable 
of  Lyn. 

*Writ:  Robert  Dutch,  sr.  v.  John  Clarke;  debt;  forfeiture 
of  a  bond  for  not  performing  an  award  made  by  Ens.  John 
Gould,  Robert  Lord,  jr.,  and  John  How;  dated  Jan.  30,  1674; 
signed  by  Robert  Lord,t  for  the  court;  and  served  by  Robert 
Lord,t  marshal  of  Ipswich. 

Robert  Duch,  aged  about  twenty-six  j^ears,  deposed  that 
several  days  after  John  Clarke  should  have  paid  deponent's 
father  ten  shillings  in  boards  according  to  an  award,  etc. 
Lues  Zakerias  deposed  the  same.     Sworn  in  court. 

Robert  Lord,  marshal,  deposed  that  he  sent  John  Clerk 
word  by  his  brother  Freeman  Clarke  to  deliver  the  boards, 
etc.     Sworn  in  court. 

Freeman  Clarke,  aged  about  seventeen  years,  deposed. 
Sworn  in  court. 

Steven  Crose,  aged  about  twenty-seven  years,  deposed  that 
he  carried  about  180  feet  of  merchantable  boards  to  Goodman 
Duch.     Sworn,  Mar.  23,  1674,  before  Daniel  Denison.f 

Phillip  Matton,  aged  about  twenty  years,  deposed  that  his 
master  Jo.  Clarke  carried  the  boards  according  to  the  award 
of  the  arbitrators,  Jo.  Gold,  Jo.  How  and  Marshal  Lord. 
Sworn  in  court. 

tAutograph. 


18  IPSWICH    QUARTERLY    COURT  [Mar. 

Mr.  Duncan  had  his  license  renewed  for  a  year,  also  his 
license  for  Hquors. 

Mr.  Francis  Wainwright  had  his  license  renewed  for  a  year. 

Samuell  Bishop  had  his  license  renewed  for  a  year. 

Ens.  Jo.  Gould  had  his  license  to  sell  beer  and  cider  renewed 
for  a  year,  also  his  license  to  sell  liquors  to  a  stranger. 

Ens.  John  Gould  was  bound,  with  Mr.  Thomas  Baker  and 
Zacheous  Curtice,  as  sureties.  Court  not  accepting  said 
Curtice,  Mr.  Baker  also  refused  and  went  away,  and  the 
appeal  did  not  stand. 

Ens.  Jo.  Gould  acknowledged  judgment  to  Tho.  Baker,  in 
bar  iron. 

Whereas  Christopher  Codner  was  bound  to  Joseph  Emons 
and  now  his  parents  desiring  or  taking  him  away,  court  ordered 
that  if  they  do  take  him  away,  they  should  pay  said  Emons 
for  his  diet  for  the  time  he  had  been  with  him.* 

*Indenture,  dated  Oct.  9,  1674,  given  by  Christopher  Cod- 
nerf  of  Marblehead,  with  the  consent  of  his  mother,  to  Joseph 
Emons  of  Marblehead,  cordwainer,  to  serve  as  an  apprentice 
for  four  years  to  learn  the  trade  of  a  shoemaker.  It  was 
further  agreed  that  said  Emons  should  not  carry  his  appren- 
tice ''out  of  this  pattin."  Wit:  Edward  (his  mark)  Homan 
and  Edw.  Humphreys.  J 

Samuell  Johnson  and  Edward  Richards  deposed  that  some 
time  this  winter  Goodwife  Downeing  of  Marblehed  told  them 
that  her  son  was  living  with  Emons,  etc.     Sworn  in  court. 

Edward  Humphreys,  aged  about  thirty-four  years,  testi- 
fied that  last  October  Jone  Boobier  and  her  brother  came 
into  his  house  about  Christopher's  indenture  and  said  their 
mother  was  willing  that  an  indenture  should  be  made,  but 
she  had  a  young  child,  so  could  not  come  herself.  Jone  said 
that  their  master  would  pay  deponent  for  the  boy's  part  of 
the  indenture.  Then  the  boy  came  again  about  the  indenture 
and  told  deponent  he  must  make  haste  and  bring  them  to  his 
sister's  house,  which  he  did.  Sworn,  16  :  11  :  1674,  before 
Wm.  Hathorne,!  assistant. 

Mary  Downing,  aged  thirty-seven  years,  deposed  that  she 
never  gave  her  consent  but  rather  warned  her  son  against  it, 
etc.     Sworn,  24  :  1  :  1674,  before  Wm.  Hathorne,t  assistant. 

Elizabeth   Humphreys,    aged   about   twenty   years,   wife   of 
Edward  Humphreys,   deposed  that  Joan  Boobier  came  into 
their  house  with  her  brother  Christopher,   etc.     Sworn,    16  : 
11  :  1674,  before  Wm.  Hathorne, J  assistant, 
t Autograph  and  seal.  JAutofii-aph. 


1675]  RECORDS    AND    FILES  19 

Roger  Darby  and  Lucretia  his  wife,  presented  for  absence 
from  the  public  meeting  on  the  Lord's  days,  were  fined. 

Nathaniell  Chapman,  presented  for  fornication,  was  ordered 
to  be  severely  whipped  or  pay  a  fine. 

Roger  and  Josiah  Hascall,  sons  of  Roger  Hascail,  deceased, 
came  into  court  and  chose  their  uncle  Wm.  Hasscall  as  their 
guardian. 

Court  appointed  said  Wm.  Hasscall  as  guardian  to  Samuell 
and  Sarah  Hascall,  the  other  two  children  of  his  brother. 

Joseph  Nedham,  aged  about  thirty-seven  years,  deposed 
that  he  went  with  Emmons  to  Richard  Downing's  house  but 
his  wife  refused  to  let  him  have  the  boy.  Downing  told  Em- 
mons that  he  was  an  idle  fellow  and  the  child  would  be  brought 
to  the  gallows,  therefore  he  should  never  have  him.  But  de- 
ponent further  testified  that  Emmons  had  the  boy  two  or 
three  days  without  leave  and  after  the  boy  was  bound,  his 
mother  went  to  Emmons  and  forewarned  him  from  keeping 
the  boy,  calling  Humphry  Deverix  to  witness.  Deponent 
being  in  a  chamber  near,  heard  Emmons  use  indecent  language 
to  her  and  said  he  would  break  her  neck.  Sworn,  24  :  1  :  1674, 
before  Wm.  Hat  home,*  assistant. 

Joseph  Nedham,  aged  about  thirty-five  years,  deposed. 
Sworn,  16  :  11  :  1674,  before  Wm.  Hathorne,*  assistant. 

Thomas  Lian,  aged  about  twenty-five  years,  deposed  that 
he  being  always  in  the  house  of  Mary  Downing,  etc.  Sworn, 
16  :  11  :  1674,  before  Wm.  Hathorne,*  assistant. 

Joseph  Boober,  aged  about  twenty-nine  years,  deposed  as 
to  what  his  mother  said  about  the  boy.  Sworn,  16  :  11  :  1674, 
before  Wm.  Hathorne,*  assistant. 

Jone  Bober,  aged  about  nineteen  years,  deposed.  Sworn, 
16  :  11  :  1674,  before  Wm.  Hathorne,*  assistant. 

Humphrey  Deverix,  aged  about  nineteen  years,  deposed. 
Sworn,  27  :  1  :  1675,  before  Wm.  Hathorne,*  assistant. 

John  Devrockes,  aged  about  sixty  years,  deposed  that  while 
Cristover  Codnor  lived  with  his  master  Emons  at  deponent's 
house,  etc.  Sworn,  29  :  1  :  1675,  before  Wm.  Hathorne,* 
assistant. 

Samuell  Rowland,  aged  about  twenty-eight  years,  deposed 
that  Codner  said  his  mother  was  willing  to  wash  his  clothes, 
etc.     Sworn,  16  :  11  :  1674,  before  Wm.  Hathorne,*  assistant. 

Ann  Devrockes,  aged  fifty-four  years,  deposed  that  she 
boarded  and  lodged  Codner  upon  account  of  Emmons,  etc. 
Sworn,  29  :  1  :  1675,  before  Wm.  Hathorne,*  assistant. 

*  Autograph. 


20  SALISBURY    QUARTERLY    COURT  [Apr. 

William  Hascall  was  bound  for  the  payment  of  the  estate 
to  the  four  children  of  his  brother  when  they  come  of  age. 

Jonathan  Gage  being  deceased  and  having  left  a  paper  call- 
ing it  his  will,  but  those  he  left  as  executors  refusing  to  meddle 
with  the  estate,  court  ordered  Mr.  Francis  Wainwright  to 
administer  upon  said  estate,  to  sell  the  land  and  pay  the  bills; 
also  to  be  helpful  to  the  widow  so  far  as  he  can  and  give  account 
to  the  court  within  a  year  or  as  soon  as  he  can  with  convenience, 
in  order  that  court  may  order  the  remaining  estate. 

There  being  part  of  a  fine  of  50s.  remaining  from  the  town 
of  Topsfield  for  want  of  a  stock  of  powder,  court  allowed  the 
50s.  to  said  town  towards  their  bridge  over  Ipswich  river. 

John  Hasscall  having  attached  Edward  Berry  to  this  court 
and  not  prosecuting,  defendant  was  allowed  costs. 

Court  released  Robert  Day,  Edward  Lomasse  and  Richard 
Kemball  from  training  for  the  time  to  come  without  pay. 

In  all  the  actions  of  John  Hathorne  against  Mr.  John  Giff- 
ard  execution  was  respitted  until  the  next  session,  and  if  they 
did  not  agree  in  the  meantime,  he  had  liberty  to  appeal. 

Upon  Samuell  Hunt's  complaint  of  what  loss  he  had  suffered 
by  his  servant  Mary  Talbut's  being  with  child,  court  ordered 
her  to  serve  said  Hunt  two  years  longer.* 

Mr.  Robert  Paine,  sr.,  came  into  court  and  swore  to  the 
debts  according  to  his  book  and  the  testimony  of  his  son 
Robert  Paine,  jr.,  as  follows:  From  Roger  Shelly,  35li.; 
William  Diamond,  3H.  16s.  6d.;  Peeter  Lewis,  451i.  13s.  6d.; 
Edward  Humberd,  12H.  12s. 

Mr.  John  Giffard  was  allowed  costs  in  the  action  brought 
against  him  by  Edward  Richards,  who  did  not  prosecute. 

John  How,  complained  of  for  disturbance  at  the  town 
meeting  at  Andover,  was  admonished. 

Court  adjourned  to  Apr.  21. 

Court  held  at  Salisbury,  Apr.  13,  1675. 
Willi.  Stoughton,  Esq.,  president.  Major  Pike,  Capt.  Nathll. 
Saltonstall  and  Mr.  Samll.  Dalton,  associates. 

Jury  of  trials:    Georg  Brown,  foreman,  Jno.  Clough,  Richd. 

*Obadiah  Wood,  jr.  and  Samuell  Hunt's  servant  were  pre- 
sented for  committing  fornication. 


1675]  RECORDS    AND    FILES  21 

Hubbard  and  Jno.  Ilsley,  accidental  jurymen,  Jno.  Easman, 
Tho.  Barnard,  sr.,  Jno.  Pressie,  Phillip  Rowell,  Henry  Roby, 
Nathll,  Batchelder,  Henry  Dearborn,  Robert  Swan,  sr.,  Joseph 
Dowe,  John  Jonson,  Ralf  Hall  and  Jno.  Robison. 

Grand  jury:  Henry  Brown,  foreman,  Robert  Ring,  John 
Eaton,  William  Barnes,  John  Weed,  Tho.  Marston,  Wm. 
Fuller,  Tho.  Philbrick,  Tho.  Dearborn,  Michaell  Emerson, 
Danll.  Hendrick  and  Jno.  Foulsham. 

John  Smith  v.  Abraham  Drake.  Appeal  from  a  judgment 
of  Mr.  Samuel  Dalton,  concerning  a  hog  taken  away  by  said 
Drake.  Verdict  for  plaintiff,  the  reversion  of  the  former 
judgment.  Appealed  to  the  next  Court  of  Assistants.  Henry 
Roby  and  Christopher  Palmer  bound  for  said  Drake. 

Daniell  Ela,  attorney  for  the  Selectmen  of  Haverhill  v.  Rob- 
ert Clement.  For  having  taken  a  considerable  part  of  the 
estate  of  Hugh  Sharratt  and  now  refusing  or  neglecting  to 
provide  for  him  according  to  his  engagement,  whereby  the 
town  has  been  obliged  to  provide  for  the  preservation  of  the 
old  man's  life.     Verdict  for  defendant. 

Joseph  Peasly  v.  John  Jonson,  selectman  for  Haverhill  in 
1674,  and  in  behalf  of  the  others.  For  issuing  an  illegal  war- 
rant, whereby  the  constable  took  from  plaintiff  a  horse  and 
saddle.     Verdict  for  defendant. 

From  Samuel  Dalton's  commissioners'  records.     See  ante,  vol.  V,  p.  235. 

On  10  :  10  :  1674,  Christian  Dolhof  and  Sarah  Grammon,  hving  at  Exeter, 
were  married. 

Mary  Folsham,  sr.  v.  Roger  Rose;  debt;  for  diet  and  a  cure  that  she  did 
for  his  lad;  defaulted;  judgment  for  plaintiff  given  on  June  29,  1674. 

On  30  : 9  :  1674,  John  Smith,  cooper  v.  Abraham  Drak,  sr.,  as  marshal; 
trespass;  for  taking  away  a  hog  worth  about  308.  from  Mr.  Hussey's  farm, 
being  shut  up  in  the  old  house  there;  judgment  for  defendant;  appealed  to 
the  next  Salisbury  court.     John  Smith  and  Nathaniel  Bachelder  bound. 

On  Apr.  3,  1675,  Sergt.  Moses  Gillman,  chosen  constable  for  Exeter,  was 
sworn. 

On  May  31,  1675,  John  Gillman,  jr.  and  Grace  Yorke,  both  of  Exeter, 
were  married. 

On  20  :  10  :  1674,  Edward  Gillman  and  Abigail  Maverick,  both  of 
Exeter,  were  married. 

On  30  :  10  :  1674,  Jonathan  Haines  of  Newburie  and  Sarah  Moulton  of 
Hampton  were  married. 

On  8  :  11  :  1674,  Sergt.  Moses  Gilhnan  "gave  Information  of  the  Discov- 
ery of  a  Silver  mine  as  he  doth  Judg  itt  to  bee:  the  which  mine  hee  Dis- 
covered by  the  Helpe  and  Direction  of  an  Indian  Called  Ben  Huntaway  ly- 
ing near  to  a  pond  Called  Tegtuckwock,  according  to  the  native  language, 
outt  of  which  Issueth  a  Small  fresh  River  Runing  through  a  flume  of  Stone 
towards  the  south  west  the  sd  Pond  is  Bounded  with  a  Great  Stony  Hill 


22  SALISBURY    QUARTERLY    COURT  [Apr. 

Christopher  Palmer,  assignee  of  Georg  Norton  v.  Captain 
Walter  Barefoot.     Debt.     Verdict  for  plaintiff. 

Jno.  Godfrey  v.  James  Sanders.  For  violently  taking  away 
a  cow  from  him  on  the  highway.  Verdict  for  plaintiff.  Ap- 
pealed to  the  next  Court  of  Assistants.  James  Sanders  and 
John  Hendrick,  both  of  Haverhill,  were  bound  for  James 
Sanders.* 

John  Young  v.  Phillip  Grele.  For  spending  and  spoiling 
three  loads  of  hay  which  he  or  his  men  had  stacked  and  fenced 
in  Gleeding's  field  near  the  landing  place  at  Lampreele  river, 
whereby  said  Young  lost  his  logging  season  the  last  winter  to 
his  ruin.  Verdict  for  plaintiff.  To  be  paid  in  board  at  Mr. 
Wadley's  mill  at  Lampreele  river. 

Nathll.  Boulter,  attorney  for  John  Huggins  v.  the  Town  of 
Hampton.  Review  of  a  case  tried  at  Salisbury  court  in  1673, 
for  trespass,  in  felling  town's  timber  and  fencing  in  land  of 
the  town's,  which  land  lay  above  the  old  saw  mill  westerly  from 
the  town  near  Tayler's  river.  This  case  was  by  agreement 
referred  to  eleven  jurymen,  one  being  taken  off  by  law. 
Verdict  for  plaintiff.  Appealed  to  the  next  Court  of  Assistants. 
Henry  Dowe  and  Jno.  Samborn  were  bound  for  the  town  of 
Hampton. 

Phillip  Grele  v.  John  Young.  Debt.  For  9,300  feet  of 
merchantable  board  due  for  cattle,  to  have  been  paid  before 
Christmas  past  at  Lampreele  river  at  Wadley's  mill.  With- 
drawn. 

Robert  Ring  v.  William  Buswell.  For  wrong  done  to  said 
Ring  at  the  Court  of  Assistants  at  Boston  in  1672  and  in 
March,  1673,  by  an  appeal  from  Hampton  court,  October, 
1673,  in  an  action  commenced  bj^  Ring  against  Nathll.  Clark, 
in  which  Wm.  Buswell  on  9  :  2  :  1672  in  Salisbury  court  gave 
a  false  oath,  and  also  a  similar  oath  made  before  the  arbitra- 
tors, Henry  Palmer,  Georg  Brown,  Samll.  Dalton,  William 
Titcum  on  the  following  day.     Verdict  for  defendant. 

*John  Godfry's  bill  of  cost.  Hi.  15s.  lid. 

towards  the  South  west  &  a  peice  of  medow  towards  the  south  East  the  which 
mine  was  by  him  Discovered  as  above  sayd  Upon  the  last  Day  of  the  tenth 
month  Called  December  in  the  year  of  or  lord  one  thousand  Six  Hundred  & 
Seaventy  fower." 


1675]  RECORDS    AND    FILES  23 

John  Young  acknowledged  judgment  to  Wm.  More,  in 
pine  boards  at  40s.  per  thousand,  to  be  delivered  at  the  usual 
landing  place  at  Exeter. 

Ralfe  Hall  acknowledged  judgment  to  John  Clough  of 
3,500  feet  of  pine  boards  to  be  delivered  at  Exeter  at  a  con- 
venient landing  place, 

Mr.  John  Groth  and  Elizabeth  his  now  wife,  presented  at 
Hampton  court,  Oct.  13,  1674,  for  having  a  child  born  seven 
months  after  marriage,  the  presentment  being  proved  and 
ov/ned,  were  fined.  Appealed  to  the  next  Court  of  Assistants. 
Mr.  Jno.  Groth  bound,  with  Christopher  Palmer  and  John 
Stanian  as  sureties. 

John  Garland  and  Elizabeth  his  now  wife,  presented  at 
Hampton  court,  Oct.  13,  1674,  for  having  their  child  born 
about  eleven  weeks  before  the  usual  time,  were  fined.  John 
Garland  appealed  to  the  next  Court  of  Assistants.  John 
Garland  bound,  with  Henry  Robie  and  Christopher  Palmer 
as  sureties. 

George  Jones  of  Exeter,  presented  for  breach  of  the  Sabbath 
by  travel,  was  fined. 

Robert  Jones,  now  of  Exeter,  presented  for  notorious  drunk- 
enness, was  fined. 

Jno.  Clarke  was  declared  to  be  the  reputed  father  of  the 
bastard  child  of  Bess,  the  negro  of  Robert  Smart,  according 
to  law. 

Samll.  Person,  presented  for  being  in  drink  and  for  striking 
Danll.  Hendrick,  was  fined. 

Tho.  Rolenson,  presented  at  Hampton  court  in  1674,  for 
charging  the  pastor  of  the  church  at  Salisbury  with  inhumanity 
and  speaking  other  unseemly  speeches,  was  sentenced  to  be 
publicly  admonished  for  his  sin  and  bound  to  good  behavior. 
Tho.  Rolenson  and  John  Eaton  bound. 

Robert  Swan  of  Haverhill,  presented  for  being  drunk  and 
for  cursing,  was  fined. 

Samll.  Fowler  of  Salisbury,  convicted  for  breach  of  the  Sab- 
bath by  travel,  was  fined. 

Francis  Davis  and  his  wife,  presented  for  fornication,  were 
discharged. 

Tho.  Rolenson  was  in  open  court  admonished  upon  a  lecture 


24  SALISBURY    QUARTERLY    COURT  [Apr. 

day  and  reproved  for  his  sin  in  charging  his  pastor,  Mr.  Wheell- 
right,  with  inhuman  actions  and  other  unseemly  speeches. 

Court  ordered  the  town  of  Exeter  to  make  the  boom  six  feet 
wide  within  the  rails  and  to  rail  it  on  both  sides  sufficiently, 
to  be  finished  by  next  Hampton  court  upon  penalty  of  lOli. 

It  is  ordered  that  Salisbury  and  Eamsburie  appoint  men 
to  fix  the  bounds  between  these  two  towns  and  make  return 
to  the  next  Hampton  court,  upon  payment  of  fines  for  de- 
fault.* 

Edward  Colcord,  sr.,  presented  for  saying  that  the  court 
passed  an  unrighteous  or  unjust  sentence  against  him,  was  fined. 

Edward  Colcord,  sr.,  upon  petition  and  acknowledgment 
of  his  fault,  had  his  fine  abated. 

John  Haseltine's  account  as  administrator  of  the  estate 
of  Jno.  Willcott  was  accepted  by  the  court,  the  estate  being 
justly  administered  according  to  law. 

Daniel  Ela's  license  to  keep  the  ordinary  for  Haverhill  was 
renewed  for  the  ensuing  year. 

John  Severans'  license  to  keep  the  ordinary  for  Salisbury 
was  renewed  for  the  ensuing  year. 

Henry  Robie's  license  to  keep  ordinary  for  Hampton  was 
renewed  for  the  ensuing  year. 

John  Souter's  license  to  keep  a  house  of  entertainment  at 
Hampton  was  renewed  by  this  court,  according  to  conditions 
mentioned  in  his  first  license. 

Court  ordered  that  the  selectmen  of  the  town  of  Hampton 
bind  over  by  indenture  Tho.  Bab,  a  child  who  now  lives  with 
Henry  Green,  to  said  Green  of  Hampton,  according  as  the 
law  gives  liberty  in  such  cases. 

William  Brown  was  sworn  constable  of  Salisbury  for  the 
ensuing  year. 

Henry  Dow  was  appointed  attorney  in  behalf  of  the  county 
to  answer  the  appeals  of  Jno.  Groth  and  Jno.  Garland. 

Capt.  Barefoot  was  to  be  summoned  to  appear  at  the  next 
Hampton  court  to  answer  for  contempt  of  court  in  going  away 
without  license  when  commanded  by  the  court  to  attend  the 
same. 

*Lift.  Chute  was  chosen  to  answer  the  presentment. 


1675]  RECORDS    AND    FILES  25 

Court  allowed  10s.  to  the  servants  where  they  were  enter- 
tained at  their  several  lodgings,  to  be  proportioned  at  the 
discretion  of  the  Treasurer. 

Court  held  at  Ipswich,  Apr.  21,   1675. 

Town  of  Gloster,  upon  its  presentment,  defaulted,  and 
court  ordered  it  to  be  heard  at  the  next  Ipswich  court.* 

Daniell  Ela,  presented  for  swearing  and  reviling  speeches, 
was  fined. t 

Writ:  William  Fifeild,  sr.  v.  John  Godfre;  for  not  assign- 
ing a  bond  of  401i.  in  wheat  of  Goodman  Jackman  of  Nubery 
to  Will.  Fifeild;  dated  Oct.  15,  1674;  signed  by  Samll.  Dal- 
ton,J:  for  the  court;  and  served  by  Henry  Dow,|  marshal  of 
Norfolk,  who  delivered  said  Godfre  to  John  Souther,  keeper 
of  the  prison  in  Norfolk. 

Venire,  dated  Mar.  12,  1674-5,  for  trial  jury  men  from 
Eamsberie,  signed  by  Tho.  Bradbury, J  recorder,  and  served 
by  Thomas  Bernard,  sr.,|  constable  of  Amsbury,  who  returned 
the  names  of  John  Pressie  and  Phillep  Rowell. 

Summons,  dated  Mar.  12,  1674-5,  for  the  appearance  of 
Francis  Davis  and  Mary  his  wife  to  answer  a  presentment  for 
being  married  Jan.  20  and  having  a  child  born  Sept.  2,  signed 
by  Tho.  Bradbury,!  recorder,  and  served  by  Thomas  Barnard, 
sr.,|  constable  of  Amesbury. 

George  Martin's  bill  of  cost,  allowed,  14  :  8  :  1673,  at  Hamp- 
ton court. 

Nathll.  Winsley's  petition,  dated  Apr.  13,  1675:  that  he 
obtained  judgment  against  John  Sowter  at  Salisbury  court, 
1674,  and  not  being  able  to  obtain  satisfaction.  Marshal  Dow 
of  Hampton  levied  upon  his  person  on  Dec.  8,  put  him  into 
prison  and  saw  him  locked  in  fast;  then  he  delivered  the  keys 
of  the  prison  to  said  Souter,  who  gave  himself  liberty,  etc. 

Copy  of  execution,  dated  Oct.  17,  1674,  against  John  Souter, 
to  satisfy  judgment  granted  Nathll.  Winsley,  14  :  2  :  1674, 
at  Salisbury  court,  signed  by  Tho.  Bradbury,  recorder. 

*Presented  for  want  of  a  sufficient  bridge  over  the  cut,  it 
being  but  one  piece  or  plank  over  such  a  dangerous  place  which 
might  occasion  the  loss  of  lives.  Wit:  John  Burnam,  sr., 
and  Thomas  Wade. 

fJohn  Webster,  jr.,  aged  about  nineteen  years,  deposed  that 
as  he  was  coming  along  the  street  the  latter  end  of  last  summer, 
near  the  ordinary,  Goodman  Ely  came  along  saying  "I  will 

JAutograph. 


26  IPSWICH    QUARTERLY    COURT  [Apr. 

John  Fitch,  Thomas  Millett  and  Thomas  Riggs,  presented 
but  the  presentment  not  proved  that  the  time  of  twenty-one 
years,  which  was  the  grant  of  the  town  was  expired,  were  dis- 
charged.* 

Thomas  Ally  was  fined  upon  his  presentment,  and  Andrew 
Heiden  was  discharged.! 

John  Gamage  was  admonished  upon  his  presentment.! 

Thomas  Silver  was  discharged  of  his  presentment.! 

Samuell  Hutcheson  was  discharged  of  his  presentment.  || 

John  Harris  was  discharged  of  his  presentment.  1[ 

not  be  geered  by  aney  man  alliue,  no  by  my  faith  I  will  not." 
Deponent's  father  asked  how  he  could  help  it  and  Ely  replied 
"I  wil  help  it  with  you  you  dogg."     Sworn  in  court. 

John  V/ebster,  sr.,  aged  forty-three  years,  deposed  that  in 
Nov.,  1674,  coming  by  the  ordinary  with  his  son,  they  saw 
Ely  come  out  of  March's  house,  etc.     Sworn  in  court. 

*Presented  for  hindering  the  passage  of  boats  and  vessels 
along  a  creek  to  several  houses.  Wit:  Mr.  John  Emerson  and 
Antony  Day. 

fPresented  for  breach  of  the  peace.  Wit:  James  Bayly 
and  James  Barker. 

fPresented  for  breach  of  the  Sabboth,  fetching  a  horse 
from  Jeffery's  neck  before  the  sun  was  set.  Wit:  Nathaniell 
Tredwell. 

§Presented  by  Newbury  as  an  idle  person  and  one  who 
spends  his  time  unprofitably,  not  being  willing  to  work.  Wit: 
Richard  Dole  and  John  Dole. 

1 1  Richard  Barker  and  Thomas  Chandler  deposed  that 
Samuell  Huchinson's  manner  of  living  made  him  an  imprudent 
person  although  much  had  been  said  to  him  by  the  townsmen 
to  reclaim  him,  yet  it  had  done  no  good  and  he  was  likely  to 
come  to  extreme  poverty.  Also  that  the  selectmen  advised 
him  to  put  out  some  of  his  children,  to  which  he  agreed  but 
the  violence  of  the  woman  is  such  that  she  will  not  suffer  it. 
The  imprudence  of  the  woman  is  also  a  great  cause  of  their 
uncomfortable  living.  "If  it  may  please  this  honoured  court 
to  impouer  the  selectmen  or  any  others  in  the  Towne  to  despose 
of  there  childeren  it  might  deleuer  them  from  much  sufering." 
Sworn,  19  :  2  :  1675,  before  Simon  Bradstreet.** 

Presented  by  Andover  as  being  an  idle,  slothful  person  who 
will  not  work  nor  provide  for  his  family.  Wit:  Thomas 
Chandler  and  Richd.  Barker,  sr. 

^Presented  from  Ipswich  upon  suspicion  of  stealing  a  waist- 

**  Autograph. 


1675]  RECORDS    AND    FILES  27 

Andrew  Heiden,  presented  for  suspicion  of  a  lie,  was  admon- 
ished.* 

Deacon  Goodhue  had  his  license  renewed  for  a  year. 

Upon  Daniell  Wicom's  complaint  against  Jo.  Person,  John 
Tod   and   John   Johnson,    court   declared   the   pasture   to   be 

rated,  t 

John  Chubb  was  admonished  upon  his  presentment.! 
John  Jackson  was  fined  upon  his  presentment.! 

coat  and  other  garments  from  Jno.  Chapman.  Wit:  Jno. 
Chapman.     Also,  for  excess  in  apparel  of  himself  and  his  child. 

*Presented  from  Rowley,  for  telling  a  lie  in  public  town 
meeting.     Wit:   John  Pickard,  John  Trumble  and  Tho.  Wood. 

fRobert  Shelits  deposed  that  Thomas  Lambert  and 
Daniell  Wickam  being  at  deponent's  house,  the  latter  told 
him  that  he  intended  to  commence  a  complaint  against  the 
selectmen,  and  Lambert  said  that  he  and  James  Dickinson 
were  not  to  blame  concerning  the  rating  of  the  east  end  ox 
pasture.     Sworn  in  court. 

JPresented  for  excess  in  apparel,  beyond  that  of  a  man 
of  his  degree. 

§Summons,  dated  Apr.  6,  1675,  for  the  apprehension  of  John 
Jackson  of  Rowley,  also  Thomas  Alley,  Andrew  Heyden  and 
David  Wheeler  and  his  wife,  and  as  witnesses,  John  Pickard, 
John  Trumble,  Thomas  Wood,  James  Bayly  and  James  Barker, 
in  Heiden  and  Alley's  cases,  and  Jonathan  Hopkinson,  John 
Hopkinson,  John  Clarke  and  Mary  Clarke  in  John  Jackson's 
case,  signed  by  Robert  Lord,||  clerk,  and  served  by  Jeremiah 
Elsworth,||  constable  of  Rowley. 

John  Pickard,  aged  fifty-three  years,  deposed  that  "I  haue 
obserued  John  Jackson  to  haue  a  Strang  motion  upon  his 
spirit  that  if  he  be  parswaded  to  ackt  at  all  it  is  to  ouar  act 
ore  to  overdoe  that  I  haue  obserued  both  in  his  working  and 
dealing  and  soe  did  act  at  tow  seuerall  times  that  I  asked  him 
the  reason  of  it  why  he  should  not  ackt  as  other  men  doe  for 
at  that  time  he  wrought  as  if  he  would  destroy  himself:  and 
was  as  wett  as  if  he  had  been  drawn  through  the  brook,  and 
when  he  satt  downe  to  refresh  himself  to  eat  or  to  drink  hardly 
perswaded  to  goe  to  work  againe,  the  reason  of  which  frame 
he  tould  me  he  could  not  tell  but  it  came  upon  him  about  the 
time  theay  took  him  from  school:  for  he  said  he  had  great 
dehght  in  leaving:  another  time  was  when  he  was  loading 
some  corn  that  grew  upon  my  land:  and  he  left  of  his  loding 
the  corn  and  came  50  or  60  rod  roning  to  me  with  a  conseayt 

1 1  Autograph. 


28  IPSWICH    QUARTERLY    COURT  [Apr. 

that  I  would  be  perswaded  to  abate  him  2  shillings  of  that  for 
which  we  had  agreed,  to  my  wonderment  at  him  soe  to  leau 
his  oxen  and  corn  and  in  the  mean  whil  the  oxen  threw  thee 
car  ouer:  and  eat  part  of  the  corn:  all  which  considered  to 
me  it  apears  he  hath  not  the  ews  of  his  reason  as  other  men." 

Jonathan  and  John  Hopkinson  deposed  that  the  day  that 
John  Jackson's  wife  was  lost,  the  latter  offered  to  work  that 
day  for  deponents,  but  they  told  him  it  was  too  stormy  and 
cold  and  that  he  should  stay  at  home  with  his  wife.  He  said 
his  wife  was  distempered  in  her  head  and  she  had  gone  home 
to  her  father  Poor.  When  they  asked  him  how  he  knew,  he 
said  he  found  she  had  gone  for  he  had  looked  in  the  barn,  and 
they  asked  if  he  had  looked  in  the  chamber  or  cellar  and  he 
said  he  had.     Sworn  in  court. 

John  Trumble,  aged  thirty-six  years,  deposed  that  he  ate 
at  the  same  table  with  John  Jackson,  "and  he  did  eat  after 
all  others  had  done  and  not  only  soe  but  did  lick  the  crombbs 
left  upon  another  mans  trencher:  to  my  sham  —  20  persons 
looking  on  though  of  this  and  all  other  of  his  foolish  tricks  I 
neuar  could  perseav  he  was  att  all  ashamed  all  which  saith 
to  me  seurly  he  hath  not  the  ueas  of  his  reason  as  other  men." 

Mary,  wife  of  John  Clark,  aged  about  twenty-two  years, 
deposed  that  the  day  that  her  sister,  the  wife  of  John  Jackson, 
was  lost,  said  Jackson  came  to  her  house  to  find  his  wife,  but 
she  was  not  there.  He  said  she  talked  of  going  to  the  Neck 
and  deponent  told  him  that  he  must  follow  her.  He  answered 
that  he  would  if  he  had  any  bread  but  they  were  quite  out. 
So  she  loaned  him  some  bread  and  he  said  he  would  take  his 
mare  and  follow  his  wife,  but  suspecting  him,  deponent  told 
her  husband  as  soon  as  he  came  home  about  two  hours  after, 
and  he  went  forthwith.     Sworn  in  court. 

John  Clark,  aged  about  twenty-four  years,  deposed  that  his 
wife  informed  him  that  her  sister  had  gone  to  her  father's  at 
Newberry  Neck,  and  he  went  to  John  Jackson  who  said  he  had 
other  occasions  to  look  after  than  to  look  for  his  wife.  De- 
ponent said  he  thought  that  most  needful,  the  weather  being 
so  extreme,  and  asked  him  what  his  friends  would  think  if 
his  wife  should  do  any  other  than  well.  He  said  what  cared 
he  what  any  other  of  them  said,  he  scorned  to  look  after  her 
any  more,  for  he  said  he  intended  to  go  out  to  service.  Then 
deponent  asked  who  should  maintain  his  wife  and  child,  for 
deponent  understood  that  they  were  not  to  go  out  to  service 
while  they  were  living.  He  told  him  to  be  gone,  not  to  stand 
prating  about  his  business.  So  deponent  left  him  and  went 
to  look  for  her,  stopping  at  her  brother  John  Poor's  and  her 
father  Poor's  but  they  had  not  seen  her.  So  her  brothers 
John  and  Henry  Poor  and  the  neighbors  at  the  Neck  went 


1675]  RECORDS    AND    FILES  29 

Mary  Chapman  being  called,  and  it  being  declared  that  she 
was  not  yet  fit  to  come  out  of  doors,  she  was  ordered  to  appear 
at  the  next  Salem  court. 

Mr.  Jonathan  Wade  and  his  son  Thomas  Wade  made  oath 
to  the  following  debts  due  as  per  his  book:  Roger  Grant,  41i. 
15s.  9d.;  Gabrill  Tedderly,  by  oath  of  Jo.  Barry,  2U.  13s.; 
Phillip  King,  4H.  7s.  Ud.;  Wm.  Linckhorne,  31i.  16s.  7d.; 
John  Marshall,  41i.  10s.  6d. ;  Phillip  Bill,  51i.  4s.  lOd. ;  Robert 
Kinsman,  deceased,  21i.  15s.  5  l-2d.;  Obadiah  Wood,  25  C. 
1-2  bread,  credit,  91i.  13s.  3d. 

John  Joanes's  will  was  proved  and  inventory  delivered. 

Richard  Swan,  Ezekiell  Northend,  Thomas  Lamber  and 
James  Bayly  were  bound  for  Thomas  Tenny,  jr.,  in  his  pre- 
sentment for  committing  fornication  with  Mary  Tenny. 

Thomas  Tenny,  jr.,  confessed  the  fact. 

Thomas  Dennis,  upon  complaint  of  the  selectmen  of  Ipswich, 
was  fined. 

Ezekiell  Northend,  John  Pickard  and  John  Johnson  com- 
plained of  several  Rowley  persons,  but  they  withdrew  the 
action,  paying  costs.* 

back  with  deponent  and  they  found  her  in  Rowley  marsh 
farm.  She  had  life  in  her,  but  was  frozen  stiff  and  had  fallen 
upon  her  back  with  her  arms  spread  out.  They  took  her  up 
and  in  carrying  her  a  few  rods,  they  apprehended  that  she 
was  dead,  so  they  carried  her  to  her  father's  house.  Deponent 
went  to  inform  her  husband  who  said  that  she  would  go,  and 
that  is  what  she  had  gotten  for  her  pains,  and  deponent  told 
him  to  tell  his  father  and  mother  of  it.     Sworn  in  court. 

William  Jackson  and  wife  Joanah  deposed  that  about  four- 
teen or  fifteen  years  since,  their  son  was  taken  with  an  illness  in 
his  head  and  was  struck  with  such  a  melancholy  that  it  was 
thought  that  he  was  dead,  and  he  spent  one  summer  in  this 
condition,  acting  as  if  bereaved  of  his  understanding.  Further 
that  he  had  never  recovered  fully  and  Mr.  Crosbie  said  that 
whatever  he  set  about  to  do,  no  one  could  convince  him  to 
the  contrary.  Also  that  he  had  not  the  capacity  to  work  at 
his  calling. 

*Thomas  Leaver,  sr.,  deposed  that  a  committee  being  chosen 
by  the  town  of  Rowley  concerning  the  value  of  pasture  lands 
for  the  ministry  rate,  the  committee  agreed  concerning  these 
lands  near  men's  houses  as  it  is  written  in  the  town  book,  but 


30  IPSWICH    QUARTERLY    COURT  [Apr. 

Three  Indians  brought  by  the  constable  of  Gloster  for  being 
drunk  were  fined  or  to  be  whipped.  The  constable  was  allowed 
10s.  each  for  bringing  them.  Symon,  one  of  them,  had  his 
costs  paid  by  Mr.  Willson. 

Symon,  an  Indian,  brought  before  court  with  two  other 
Indians,  for  being  drunk,  and  being  examined  as  to  where  they 
obtained  their  drink,  confessed  that  they  had  a  pot  of  beer  at 
Mr.  Duncan's  of  Gloster,  and  Jacob,  Indian,  had  a  pint  which 
he  carried  into  the  woods. 

Given  to  the  house,  6s.  8d. 

Andrew  Peeters  was  bound  for  the  appearance  of  Mary, 
wife  of  Nathaniell  Chapman. 

Will  of  Joseph  Redding  of  Ipswich,  dated  Dec.  15,  1673, 
mentions  wife  Agnes  and  the  children  of  his  daughter  Hunt. 
Wit:  William  Hubbard  and  Mary  Hubbard.  [Original  on 
file  in  the  Registry  of  Probate.] 

Inventory  of  the  estate  of  Joseph  Reding,  taken  Mar.  8, 
1674,  by  Jonathan  Wade  and  John  Dane,  amounting  to  351  li. 
[Original  on  file  in  the  Registry  of  Probate.] 

Will  of  George  Smith  of  Ipswich,  dated  Apr.  13,  1674, 
mentions  sons  Samuell  and  Thomas,  daughters  Sarah  Newman, 
Rebecca,  Joanna  and  Elizabeth  Smith;  his  son  Thomas  was 
to  live  in  his  house  until  his  own  were  finished.  Wit:  John 
Brewer  and  Walter  Roper.  [Original  on  file  in  the  Registry  of 
Probate.] 

Inventory  of  the  estate  of  George  Smith  who  deceased  Dec. 
15,  1674,  taken  Dec.  29,  1674,  by  Daniel  Epps  and  John 
Whipple,  amounting  to  321i.  4s.  8d.  [Original  on  file  in  the 
Registry  of  Probate.] 

Inventory  of  the  estate  of  Robert  Starkweather  taken 
Nov.,  1674,  by  Edward  Bragg,  Sergt.  Perkins  and  Nathaniell 
Tredwell,  amounting  to  591i.  2d.  [Original  on  file  in  the 
Registry  of  Probate.] 

Inventory  of  the  estate  of  Mr.  Ezekiel  Rogers  of  Ipswich, 
taken  July  29,   1674,  by  John  Appleton  and  John  Whipple, 

the  question  being  put  concerning  the  east  end  ox  pasture, 
whether  that  should  be  included  in  the  pasture  land,  they 
agreed  that  it  should  not.  John  Pickard  and  John  Trumble 
testified  to  the  same.     Sworn  in  court. 


1675]  RECORDS    AND    FILES  31 

and  allowed  upon  oath  of  Mrs.  Margret  Rogers,  amounting  to 
1841i.     [Original  on  file  in  the  Registry  of  Probate.] 

Court  held  at  Salem,  July  20,   1675. 

Present  as  judges:  Samuell  Simonds,  Esq.,  Dept.  Gover.,  Ma- 
jor Generall  Daniell  Denison  and  Major  William  Hathorne,  Esq. 

Grand  jury:  Nathanll.  Putnam,  Tho.  Rootes,  William  Trask, 
Joshuah  Rea,  Joseph  Huchesson,  Nathanll.  Walton,  Henry 
Herrick,  James  Moulton,  jr.,  William  Benett,  Jeffery  Persons, 
Ensigne  Bancraft,  John  Burrell  and  Hen.  Collens,  sr. 

Jury  of  trials:  Mr.  Barthollmew  Gedney,  Mr.  Hilliard 
Veren,  jr.,  Nathaniell  Felton,  Edward  Flint,  John  Hill,  John 
Peach,  jr.,  William  Greeges,  Walter  Faierfeild,  Daniell  King, 
Edw.  Baker,  Theofilus  Baily  and  Jonathan  Hudson. 

Giles  Aley  acknowledged  judgment.  Mar.  29,  1675,  before 
Major  Wm.  Hathorne  and  Edward  Ting,  Esq.,  to  Capt.  George 
Corwin. 

The  will  of  Mr.  Thomas  Gardner  was  brought  into  court 
by  his  son,  Mr.  Samuell  Gardner,  one  of  the  executors.  Mar. 
29,  1675,  and  allowed. 

Samuell  Fiske,  aged  about  thirty  years,  deposed  that  a 
little  while  after  Thomas  Kemball's  mare  was  lost  out  of  Mr. 
Newman's  yard,  he  met  John  Hunkings  and  asked  him  why 
he  took  it.  He  said  he  thought  of  taking  Mr.  Newman's 
horse  but  turned  him  out  again  and  did  not  question  that 
wherever  the  mare  was  turned  out  she  would  come  home  to 
Goodman  Kimball's.  Then  deponent  told  him  he  had  the 
mare,  for  deponent  said  "doe  you  think  that  I  would  haue 
been  so  mad  as  to  goe  on  foott  at  that  time  of  the  night  to 
Ipswich  when  there  was  two  Jades  in  the  yard  Hunkings  Re- 
plyed  that  if  it  were  so  he  would  not  owne  it  but  said  he  honist 
men  maye  be  wronged  as  well  as  knaues."     Sworn  in  court. 

Richard  Kemball,  aged  fifty  years,  deposed  that  after  his 
son's  mare  was  lost  out  of  Mr.  Newman's  yard,  etc.  Hunkings 
said  that  the  mare  might  be  about  Chobacko.  Brooks  testi- 
fied that  she,  etc.  Sworn,  30  :  1  :  1675,  before  Wm.  Hath- 
orne,* assistant. 

Presentments,  signed  by  Jonathan  Wade,*  in  the  name  of 
the   rest. 

David  Wheeler  of  Rowley  and  his  wife  were  presented  for 
frequent  absenting  themselves  from  the  public  ordinances. 

*  Autograph. 


32  SALEM    QUARTERLY    COURT  [July 

Administration  of  the  estate  of  Richard  Bishop  was  granted 
to  his  son  Thomas  Bishop  and  his  son-in-law  John  Durlan, 
Mar.  30,  1675,  by  Maj.  Wm.  Hathorne  and  Edward  Ting,  Esq., 
and  said  Bishop  and  Durland  were  ordered  to  settle  the  estate 
at  the  next  Salem  court.  Mary,  the  relict,  and  John  Dur- 
land brought  in  an  inventory. 

Mr.  Timothy  Lindall,  Mr.  Jonathan  Corwin  and  Mr.  James 
Brown  were  fined  for  not  appearing  to  serve  on  the  jury  of  trials. 

Ezekiell  Needham  v.  Steeven  Cross.     Withdrawn. 

Edmond  Bridges  v.  Robert  Ames.  Review  of  a  case  tried 
at  the  last  Ipswich  court.     Verdict  for  plaintiff.* 

*Writ,  dated  June  18,  1675,  signed  by  Hilliard  Veren,t  for 
the  court,  and  served  by  John  Gould, f  deputy  marshal  for 
Henry  Skerry, f  marshal  of  Salem,  by  attachment  of  land  near 
defendant's  house. 

Copy  of  papers  in  a  similar  action  brought.  Mar.  30,  1675, 
in  Ipswich  court. 

Copy  of  bond,  dated  Apr.  1,  1675,  given  by  Edmond  Bridges 
of  Salem  to  Robert  Aims  of  Rowley  Village,  to  be  paid  in 
money  and  cattle.  Wit:  John  Asee  and  Thomas  Lambert, 
who  made  oath,  July  19,  1675,  before  Daniell  Denison.  Copy 
made  by  Hilliard  Veren,t  cleric. 

Copy  of  receipt,  dated  Oct.  12,  1674,  given  by  Edmond 
Bridges  to  Robert  Ames  for  a  steer  which  he  delivered  to  said 
Ames,  Sept.  2,  1674.  The  steer  he  had  of  John  Comins.  Wit: 
Steephen  Haskett  and  Zacheus  Curtice. 

Edmond  Bridges'  bill  of  cost,  41i. 

Edmond  Bridges'!  receipt  in  full,  dated  Apr.  1,  1675,  to 
Robert  Ames.     Wit:    John  Acief  and  Thomas  Lambert. f 

Zacheus  Curtice  and  Jonathan  Luke  deposed  concerning  the 
ownership  of  the  steer.  Sworn,  23  :  9  :  1674,  before  Wm. 
Hathorne, t  assistant. 

John  Littlehale,  aged  about  twenty-three  years,  deposed 
that  on  Aug.  3,  1674,  he  sold  a  steer  to  his  brother  Edmond 
Bridges  and  received  his  pay  and  the  same  day  rode  away 
with  his  brother  from  the  house  of  William  Avery  to  Robert 
Ames',  etc.  Sworn,  22  :  1  :  1674,  before  Wm.  Hathorne, 
assistant.     Copy  made  by  Robert  Lord,t  cleric. 

John  Gould  and  Joseph  Pebody  deposed  that  they  heard 
Edward  Bridges,  jr.,  tell  Goodwife  Androus  that  if  her  son 
Symonds  would  come  and  reckon  with  him,  that  he  would 
pay  him  in  corn.     Sworn  in  court. 

fAutograph. 


1675]  RECORDS    AND    FILES  33 

Ensign  John  Goold  v.  Thomas  Bishop.  For  refusing  to 
deliver  a  deed  of  sale  of  land  which  was  given  for  security  of 
a  bond,  the  bond  being  all  paid.  Verdict  for  plaintiff,  a  bill 
of  sale,  dated  Oct.  3,  1674,  of  fifty  acres  of  land.  Appealed  to 
the  next  Court  of  Assistants.  Thomas  Bishop  and  Samuell 
Hunt  bound.* 

Ens.  John  Goold  v.  Mrs.  Margaret  Bishop,  executrix  of  the 
estate  of  Tho.  Bishop,  deceased.  Review.  Verdict  for  plain- 
tiff. Appealed  to  the  next  Court  of  Assistants.  Samuell 
Bishop,  John  Spark  and  Samll.  Hunt  bound. f 

Robert  Lord,  marshal,  and  John  Acie  deposed.  Sworn 
in  court. 

John  How  deposed.  Sworn,  June  24,  1675,  before  Daniel 
Denison.J 

John  Litilhale  deposed.  Sworn,  19  :  5  :  1675,  before  Wm. 
Hathorne,t  assistant. 

John  Acie  and  Thomas  Lambert  deposed.  Sworn,  July  19, 
1675,  before  Daniel  Denison.J 

*Writ,  dated  June  24,  1675,  signed  by  Robert  Lord,t  for  the 
court,  and  served  bj^  Robert  Lord,|  marshal  of  Ipswich.  Bond 
of  Thomas  Bishop. t 

John  Gould's  bill  of  cost,  21i.  16s.  9d. 

John  How,  aged  about  thirty-three  years,  deposed  as  to 
the  bond.     Sworn  in  court. 

Receipt,  dated  Apr.  3,  1675,  given  by  Samuell  Bishop^  to 
Ens.  John  Gold,  for  satisfaction  of  the  judgment  of  the  court 
at  Boston  in  an  action  commenced  against  said  Gold  by  Nathan- 
iell  Bishop,  as  assignee  of  Thomas  Bishop.  Wit:  Jonathan 
WadeJ  and  Thomas  Wade.| 

Summons,  dated  June  15,  1675,  for  the  appearance  of  Ens. 
John  Gould  upon  complaint  of  Mr.  Thomas  Bishop,  signed  by 
Daniel  Dension.J 

Thomas  Bishop, |  on  Oct.  3,  1674,  agreed  not  to  sell  the 
fifty  acres  conveyed  to  him  by  John  Gould,  by  mortgage,  until 
the  expiration  of  the  bond.  Wit:  John  How,|  Samuell  Bishopt 
and  Ephraim  Dorman.J  Sworn,  24  :  9  :  1674,  before  Wm. 
Hathorne,J  assistant. 

fWrit,  dated  June  24,  1675,  signed  by  Robert  Lord,t  for  the 
court,  and  served  by  Robert  Lord,t  marshal  of  Ipswich,  by 
attachment  of  two  horses  of  defendant. 

John  Gould's  bills  of  cost,  241i.  17s.,  and  31i.  13s.  Id. 

Zacheus  Curtiss,  jr.,  deposed  that  being  at  John  Gould's 
house,  he  remained  all  the  time  that  Marshal  Lord  was  levying 

J  Autograph. 


34  SALEM    QUARTERLY    COURT  [JuIy 

Ens.  John  Goold  v.  Nathaniell  Putnam,  in  behalf  of  the 
owners  of  the  Iron  works  at  Topsfeild  or  Rowly  village.  Re- 
view. Verdict  for  defendant.  Appeal  to  the  next  Court  of 
Assistants.  Bond  of  John  Goold,  Lt.  Oliver  Purchase  and 
Edmond  Bridges.* 

the  execution,  etc.  Edmond  Bridges  and  John  Nuemarch 
also  mentioned. 

Edmond  Bridges  deposed.     Sworn  in  court. 

*Writ,  dated  11:3:  1675,  signed  by  John  Redington,t  for 
the  court,  and  served  by  Robert  Lord,t  marshal  of  Ipswich, 
by  attachment  of  360  acres  of  land  which  was  taken  from  Ens. 
Gould,  Mr.  Thomas  Baker  and  Nathaniell  Leonard  being  the 
other  defendants. 

Nathaniel  Putnam's  bill  of  cost.  Hi.  14s.  6d. 

Copies  of  papers  in  a  similar  action  brought.  Mar.  30,  1675,  in 
Ipswich  court. 

William  Smith  deposed  that  he  being  at  the  works  soon 
after  the  owners  had  made  a  re-entry  of  the  works,  Mrs.  Lenord 
made  a  sad  complaint  how  the  owners  had  abused  them,  and 
said  she  did  not  question  but  that  God  would  right  their 
case,  for  they  had  done  no  wrong.  She  said  that  it  was  never 
known  that  anj^  workmen  were  turned  out  of  the  works  but 
some  sad  thing  did  befall  the  works  and  she  did  not  question 
that  the  works  would  be  ruined  either  by  fire  or  water.  Sworn 
in  court. 

Edmond  Bridges  deposed.     Sworn  in  court. 

William  Smith  deposed  that  being  at  John  Gould's  house 
when  John  Fload  was  bargaining  with  the  owners  of  the  Iron 
works,  he  heard  Nathaniel  Lenord  say  that  the  owners  should 
not  ask  anybody  to  work  there  without  his  consent  until  his 
time  was  out.  Further,  if  anybody  did  come  without  his 
consent,  he  would  work  for  the  time  he  was  hired  "in  spite  of 
y''  owners  teeth."     Sworn  in  court. 

William  Smith  deposed  that  Nathaniell  Lenord  told  him 
that  he  arose  about  break  of  day,  looked  out  at  the  chamber 
window  and  saw  the  works  on  fire  and  Henery  Lenord  told 
deponent  that  Nathaniel  called  him  and  said  "Come  hither 
and  see  how  y''  forge  doe  burne."  They  stood  and  looked  at 
the  forge  burn  down.     Sworn  in  court. 

John  How  deposed.     Sworn  in  court. 

William  Browne  and  Joshua  Besson  deposed.  Sworn  in 
court. 

Robert  Lord,  marshal,  testified  concerning  levying  the 
execution.     Sworn  in  court. 

fAutograph. 


1675]  RECORDS    AND    FILES  35 

Capt.  Richard  Walker  v.  Thomas  Hodgman.  For  refusing 
to  give  a  legal  deed  of  sale  for  a  parcel  of  land  sold  by  his 
wife  in  her  widowhood  to  plaintiff.     Verdict  for  defendant.* 

Isaack  Rand,  in  behalf  of  himself  and  company  v.  John 

Thomas  Baker  deposed  that  when  the  owners  were  at  his 
brother  Gould's,  and  after  they  were  gone  Nathaniel  Lenord 
said  if  he  could  work  he  would  get  Goodman  Looke  to  work 
with  him.  Deponent  accounted  said  Looke  to  be  faithful 
and  trusty,  and  the  latter  said  he  had  two  weeks  work  engaged 
in  mowing  and  then  he  would  go  to  the  works.  When  the 
works  were  burned,  Looke  was  not  there.     Sworn  in  court. 

*Writ,  dated  June  18,  1675,  signed  by  William  Cowderyf 
for  the  court,  and  served  by  Benjamin  Fittch,t  constable  of 
Reading,  by  attachment  of  the  house,  barn  and  land  of  Thomas 
Hoggman. 

Thomas  Hogsman's  bill  of  cost,  Hi.  5s.  6d.  His  wife  men- 
tioned. 

Roberte  Starre,  aged  about  forty-nine  years,  deposed  that 
on  June  9,  1663,  they  set  sail  in  the  ketch  Swallow,  Joseph 
Hardy,  commander,  bound  to  the  northward,  and  that  Mr. 
Nathaneill  Walker,  son  of  Capt.  Richard  Walker,  was  with 
them  at  that  time,  and  did  not  return  for  three  months,  all  of 
which  time  he  was  with  them.     Sworn  in  court. 

Copy  taken  from  the  town  book  of  Redding  by  William  Cow- 
drey,!  clerk:  "Att  a  Generall  Townes  Meeting  held  uppon 
the  14*^  of  february  and  one  the  22**^  of  february  in  the  year 
1658  Ther  was  giuen  to  Ezekiell  Morroll  forty  eight  Ackers 
of  vpland  And  Meddow." 

Mary  (her  mark)  Morrell  of  Reading  certified,  June  25, 
1663,  that  in  the  time  of  her  widowhood  in  1663,  she  sold  to 
Capt.  Richard  Walker  of  Reading  all  the  dividend  land  and 
meadow  given  to  her  late  husband  Ezekiell  Morrell  by  the 
town  of  Reading  in  1658,  for  which  she  received  satisfaction 
and  agreed  to  give  a  deed.  Wit:  Daniell  Kingf  and  Josiah 
Browne. t     Sworn  in  court. 

Mary  Dyer,  aged  thirty-two  years,  deposed  that  she  saw 
Mary  Hodgman,  now  wife  of  Thomas  Hodgman,  formerly 
wife  of  Ezekiell  Morrell  who  lived  at  Readding,  sign  the  fore- 
going paper.  Sworn,  Apr.  20,  1675,  before  Tho.  Clarke,t 
assistant. 

Thomas  Bancroft,  aged  fifty  years,  and  John  Person,  aged 
sixty  years,  deposed  that  they  appraised  the  land  at  18h. 
Sworn  in  court. 

tAutograph. 


36  SALEM    QUARTERLY    COURT  [July 

Smith,  merchant.  Unjust  molestation.  In  obtaining  an 
attachment  and  causing  it  to  be  served.  Special  verdict. 
If  the  next  Court  of  Assistants  was  also  appointed  a  Court  of 
Admiralty  before  Mr.  Smith's  attachment  was  obtained,  they 
found  for  defendant,  if  not,  for  plaintiffs.  Court  found  for 
plaintiffs.* 

Mr.  Phillip  Cromwell  v.  John  How,  the  marshal's  deputy. 
For  neglecting  to  serve  an  execution  against  Samuell  Lenord. 
Verdict  for  plaintiff.  The  defendant  was  to  satisfy  judgment 
or  deliver  the  person  of  said  Leonard  to  Mr.  Cromwell.     Execu- 

*Writ,  dated  June  24,  1675,  signed  by  Jonath.  Negus,t  for 
the  court,  and  served  by  Returne  Waite,t  deputy  marshal  of 
Suffolk.     Bond  of  John  Smithf  and  Elisha  Cooke.f 

Bill  of  cost  of  Isaac  Rand  &  Co.,  presented  by  Richard  Wayf 
and  Tho.  Moore,t  Hi.  19s.  6d. 

Writ,  dated  Boston,  21  :  —  :  1675,  signed  by  Jonath.  Negus,t 
for  the  court,  and  served  by  Edward  Mitchellsonn,t  marshal 
general.  Leift  Richd.  Waye  and  Mr.  Tho.  More  made  oath  in 
court  that  by  virtue  of  this  attachment,  the  men  concerned 
are  kept  from  their  money  to  this  time  under  pretence  of  a 
Court  of  Admiralty. 

Copy  of  the  records  of  a  Court  of  Admiralty  in  Boston, 
June  17,  1675,  made  by  Edward  Rawson,t  secretary:  "  Whereas 
Isaack  Rand  mate  of  the  ship  John  &  Mary  of  London  Robert 
Kemp  Carpenter,  Henry  Butterfeild,  Gunner,  John  Smart, 
Quartermaster,  W"^  Locke,  Chirurgeon,  Moses  Patricke,  Rob- 
ert Davis  and  James  King,  all  marriners  of  the  said  ship  exhibi- 
ted a  libell  &  Complaint  against  John  Smith,  merchant,  &  part 
owner  of  the  ship  John  &  Mary  late  of  London,  Josiah  Hare 
late  commander,"  court  ordered  that  said  Smith  satisfy  the 
others  in  791i.  6s.  6d.  for  wages  and  salvage  of  Hood's,  181i., 
to  Isaac  Rand,  161i.  5s.,  to  Robert  Kemp,  151i.  2s.  6d.,  to  Henry 
Butterfeild,  91i.  16s.,  to  Jno.  Smart,  91i.  2s.  6d.,  to  Wm. 
Locke,  chirurgeon,  llli.  7s.  6d.,  to  Robert  Davis,  61i.  16s.,  to 
Moses  Patrick,  6h.  17s.,  and  to  James  King,  41i. 

Copy  of  letter  of  attorney,  dated  July  2,  1675,  given  by 
Isaac  Rand,  Robert  Kemp,  Henry  Butterfeild,  John  Smart, 
William  Locke,  Robert  Davis,  Moses  Patrick  and  James  King, 
all  belonging  to  the  ship  John  and  Mary  to  Lieut.  Richard 
Way  and  Mr.  Thomas  Moore,  both  of  Boston.  Wit:  James 
Wearden  and  Thomas  Kemble,  who  made  oath,  July  2,  1675, 
before  Symon  Broadstreet,t  assistant. 

t  Autograph. 


1675]  RECORDS    AND    PILES  37 

tion  respitted  until  the  next  June  court  at  Salem,  unless  said 
How  should  be  removing  out  of  this  jurisdiction  in  which  case 
this  indulgence  was  to  be  taken  off.* 

Mr.  Phillip  Cromwell  v.  Richd.  Hollingworth.  Debt. 
Verdict  for  plaintiff.  Defendant  not  being  in  this  jurisdiction, 
execution  was  respitted  according  to  law.f 

*Writ,  dated  June  21,  1675,  signed  by  Thos.  Fiske,j:  for  the 
court,  and  served  by  Edmond  Bridges,  jr.,|  deputy  for  Robert 
Lord, I  marshal  of  Ipswich. 

Mr.  Cromwell's  bill  of  cost,  21i.  6s.  4d. 

Robert  Lord,  John  Gould  and  Edmond  Bridges  certified  as 
to  serving  the  execution.     Sw^orn  in  court. 

Ephraim  Dorman,  aged  about  thirty  years,  deposed  that 
he  being  at  Quartermaster  Pirkins'  house  at  Ipswich  some 
time  about  last  Mickellmes,  Marshal  Lord  blamed  John  How 
for  not  arresting  Sammuell  Lenord,  but  later  Lord  talked 
■with  How  and  was  satisfied.  Sworn,  June  24,  1675,  before 
Daniel  Denison.| 

Edmond  Bridges  and  Sarah  Gould  deposed.  Sworn,  June 
24,  1675,  before  Daniel  Denison,| 

John  Gould  deposed  that  upon  training  day  at  the  Village 
Sam.  Leonard  was  there  all  the  forenoon  and  afternoon  as  a 
looker-on,  and  at  night  when  they  were  leaving  off,  they  went 
to  Robert  Stiles  to  drink  a  cup  of  cider.  Leonard  and  How 
were  there  when  the  house  was  full  of  company  and  staid  there 
until  all  the  company  was  dismissed,  etc.     Sworn  in  court. 

Joseph  Peabody,  aged  about  thirty  years,  deposed  that 
How  came  up  to  Samuell  Lenord  with  a  smiling  countenance, 
tripped  him  up  and  Lenord  tripped  him,  and  then  How  laid 
hold  on  him  or  clapped  him  on  the  back  and  said  that  he  was 
his  lawful  prisoner.  Then  Howe  spoke  to  Daniell  Bigsby  and 
deponent  to  assist  him,  but  all  thought  it  was  a  jest.  Finally 
he  said  he  was  in  earnest  and  commanded  them  in  his  Majes- 
ty's name,  whereupon  Leonard  ran  over  the  fishing  brook  and 
escaped.     Sworn  in  court. 

Zacheus  Cortis,  aged  about  twenty-nine  years,  deposed. 
Sworn  in  court. 

fWrit,  dated  Apr.  7,  1675,  signed  by  Hilliard  Veren,|  for 
the  court,  and  served  by  Henery  Skerry,  |  marshal  of  Salem, 
by  attachment  of  land  next  to  Mr.  Cromwell's. 

Mr.  Philip  Cromwell's  bill  of  cost.  Hi.  8d. 

Note,  dated  Feb.  10,  1673-4,  given  by  Richard  Holling- 
worthj  to  Phillip  Cromwell  of  Salem,  butcher,  for  51i.,  to  be  paid 
within  three  months.     Wit:  John  Cromwell. |     Sworn  in  court. 

tAutograph. 


38  SALEM    QUARTERLY    COURT  [July 

Mr.  Edmund  Batter  v.  Mr.  Henry  Bartholomew,  adminis- 
trator of  Ellenor  Robbinson,  deceased.  Debt.  Verdict  for 
plaintiff.* 

*Writ,  dated  June  4,  1675,  signed  by  Hilliard  Veren,t  for 
the  court,  and  served  by  Henery  Skerry, f  marshal  of  Salem. 

Edmund  Batter's  bill  of  cost.  Hi.  7s.  8d. 

Rebeckah  Dounton,  aged  about  forty  years,  deposed  that 
she  was  often  at  the  house  of  Elinor  Robinson,  when  she  was 
aged  and  decrepit,  lame  and  blind,  and  would  often  tell  her  to 
take  the  comfort  of  what  she  had  while  she  lived.  Deponent 
offered  her  any  help  she  could  give  her  and  her  daughter's  help 
and  she  accepted  it,  and  said  that  Mr.  Batter  would  pay  her. 
She  also  said  that  Mr.  Batter  supplied  her  with  necessaries 
and  deponent  never  heard  her  complain  that  anything  she 
sent  for  was  denied.     Sworn  in  court. 

Copy  of  inventory  of  John  Robinson  mentions  "Goo:t 
Shaflin." 

Copy  of  will  of  John  Robinson  of  Salem,  dated  Sept.  22, 
1653:  He  desired  that  his  body  be  buried  in  the  burying  place 
of  Salem,  and  "I  Giue  vnto  Ellenor  my  wife,  fower  cowes  & 
one  heifer  with  calfe  &  two  calues.  It:  I  giue  vnto  Ellenor 
my  wife  my  dwelling  house,  oarchard  &  acre  of  land  at  home 
togeather  with  all  other  land,  upland  &  meddow  land,  during 
her  life,  &  after  her  decease  to  the  first  pson  of  my  kindred,  that 
shall  come  heather  into  these  pts,  (that  can  make  it  out) 
whether  man  or  woman.  I  giue  to  Ellenor  my  wife,  all  my 
housold  stuffe,  except  y^  bedsteed  &  a  chest  in  the  hale  the 
great  brass  Kettle  &  warmming  pan,  which  alsoe  Ellen""  my 
said  wife  is  to  haue  the  use  of,  during  her  s^  life,  &  afterwards 
to  be  disposed  of,  as  my  house  &  land  abousaid,  paying  those 
few  legacies  following:  viz:  I  giue  to  M""  Samuell  Sharp,  Elder, 
twenty  shillings:  It:  I  giue  to  John  Jackson  of  Bostone  one 
stuff  short  coate  &  stuff  dubllett  &  best  hatt  &  a  paire  of  searge 
breeches,  And  for  the  pformance  of  this  my  will  I  appoynt 
Edmond  Batter,  for  my  Executor."  Wit:  Richard  Prince,  and 
Mary  (her  mark)  Prince. 

Elinor  Robinson,  deceased,  Dr.  to  Edmund  Batter. f  to 
what  was  due  formerly,  7s.  7d.;  to  Elieazer  Giles  for  you,  4s. 
6d.;  23  :  4  :  1668,  to  1  pinte  brande  &  91i.  porke,  3s.  6d.; 
to  14  1-4  porke  &  141i.  bisket,  7s.  4d.;  10  :  1  :  1668-9,  to  21i. 
suger,  thrid,  2d.,  2  yd.  Cotton,  4s.  6d.;  to  281i.  bread,  1  bush, 
to  Wm.  Lord,  8s.  2d.;  17  :  4  :  1668-9,  to  blew  linen  &  thrid, 
3s.  2d.;   to  41i.  suger,  1-2  B.  wheat,  pines,  5s.  6d.;    to  12  yds. 

fAutograph.     J"  Goodman  "  was  erroneously  printed  "Geo."  in  Vol.  1,  p.  321. 


1675]  RECORDS    AND    FILES  39 

Capt.  William  Geerish,  Mr.  Joseph  Hills,  Samuell  Plumer 
and  John  Knights,  as  a  committee  and  in  behalf  of  the  town 
of  Newbery  v.  Mr.  Richard  Dumer,  sr.  Forfeiture  of  a  bond. 
Verdict  for  plaintiff.     Appealed  to  next  Court  of  Assistants. 

Lockrum  at  2s.,  thrid  8s.,  Hi.  10s.;  to  4  yd.  1-2  serdge  at  5s.  p? 
third,  silke  &c..  Hi.  4s.  7d.;  17  :  5  :  1668,  to  beeffe  &  porke, 
3s.  8d.,  21i.  suger,  4s.  8d.;  18  :  7  :  1668,  to  Hi.  sope,  combe 
&c.,  Is.  5d.;  to  Dorkos  Veren,  5s.  8d.,  41i.  suger,  7s.  8d.;  14  : 
9  :  1668,  to  porke  &  beeffe,  4s.  lOd.;  to  Rich.  Aorns,  3s., 
1  p.  stockings,  3s.,  to  pines,  9d.,  6s.  9d.;  to  201i.  porke,  pips 
&  tobaco,  8s.;  27  :  11  :  1668,  to  Jno.  Milke,  5s.  3d.,  money, 
3s.,  thread,  4d.,  8s.  7d.;  5  :  12  :  1668,  to  9  yd.  Canvas  at  2s. 
4d.,  1  yd.  1-4  holland,  8s.  6d.,  Hi.  10s.  7d.;  to  1  knife,  5d.; 
21  l-21i.  porke,  7s.  7d.;  9:1:  1669,  to  24  1-2  porke,  l-21i. 
tobaco,  8s.  lid.;  5:2:  1670,  to  cotton,  riband,  5d,  tape,  9d., 
Is.  2d.;  1:8:  1670,  to  81i.  porke  to  Jno.  Wosser,  4s.,  8s.  4d.; 
to  4  li.  Suger,  8  1-2  porke,  4s.  lOd. ;  to  15  1-2  porke,  1  pt.  brandy, 
6s.  lOd.;  9  :  11  :  1670,  to  1-4  pease,  5  1-2  suger,  1-2  tobaco  & 
1-2  pt.  rum,  4s.  8d.;  6  :  12  :  1670,  to  Jno.  Milke,  5s.,  bed  cord 
&  pins,  10s.;  2  :  12  :  1670,  llli.  porke,  3  yd.  holland,  17s.  2d.; 
24  :  1  :  1671,  to  tobaco  &  pips  &  11  3-4  porke,  5s.  lOd.;  to 
3  3-41i.  sope,  2  3-41i.  suger,  2s.  lid.;  to  Hanah  Sharpe,  12s., 
bisket,  8d.,  12s.  8d.;  to  bisket  &  suger,  Is.  5d.;  to  Jno.  Norton, 
18d.,  1  gallon  molasses,  3s.  6d.;  to  Mr.  Weld,  Hi.  19s.;  to 
Jno.  Milke,  12s.;  to  James  Dymon,  15s.;  to  Mr.  Veren 
for  bed  cord,  2s.  Id.;  to  Will  Lake,  3s.;  to  Will.  Shaw  for 
wood,  Hi.  4s.;  total,  181i.  3s.  2d.  Credit,  for  wool  and  corn, 
17s. 

Jno.  Home,  sr.,  aged  about  seventy-four  years,  deposed 
that  he  often  went  for  victuals,  such  as  pork  and  bread  to  Mr. 
Batter  for  Eliner  Robinson,  who  employed  deponent,  and 
said  Batter  never  denied  her.  Mary  Home,  aged  about 
eighteen  years,  deposed  the  same.     Sworn  in  court. 

Edmund  Batter's*  statement  to  the  court  concerning  the 
estate  of  Elinor  Robinson  and  what  he  had  paid  out:  that 
about  ten  years  after  her  husband's  death,  the  house  fell  down 
and  said  Batter  at  his  own  cost  gave  her  301i.  to  build  another 
house  to  live  in,  which  was  seven  or  eight  years  before  she 
died;  that  when  she  grew  old,  he  supplied  her  with  all  necessi- 
ties; that  in  her  last  sickness,  he  took  care  to  get  Mr.  Wells 
to  look  after  her  and  paid  him  391i.  for  his  services;  that  when 
she  died,  he  paid  for  her  coffin,  the  administrator  refusing  to 
do  it. 

*  Autograph. 


40  SALEM    QUARTERLY    COURT  [Julj' 

Mr.  Richard  Dumer,  sr.,  Mr.  Samuell  Gardner,  jr.   and  Mr. 
Rich.  Dumer,  jr.  bound.* 


*Writ,  dated  June  18,  1675,  signed  by  Anthony  Somerby,t 
for  the  court,  and  served  by  Joseph  Pike,t  constable  of  New- 
bury. Bond  of  Richard  Dummer.f  Wit:  Richard  Dummer, 
jr.f  and  Joseph  Pike.f 

John  Knightf  and  Tristram  Coffinf  testified.  May  31,  1675, 
that  being  appointed  by  Newbury  to  lay  out  to  Mr.  Richard 
Dummer,  sr.,  50  acres  according  to  the  award  of  Major  Gen- 
erall  Daniel  Denison,  Capt.  Nathaniel  Saltinstoll  &  Cornet 
John  Whipple,  he  refused  it.  Further  they  deposed  that 
they  had  measured  out  Mr.  Dumer's  300  acres  and  the  170 
acres  and  the  old  farm  and  find  above  100  acres  overplus  ac- 
cording to  the  bounds  that  Mr.  Dumer  challenged  which  he 
might  enjoy  if  he  would  be  quiet.  Sworn,  July  20,  1675,  be- 
fore Daniel  Denison. f 

On  Dec.  1,  1674,  Daniel  Denison,t  Nath.  Saltonstallf  and 
John  Whipple,!  chosen  by  Mr.  Richard  Dumer,  on  the  one 
part,  and  Mr.  Joseph  Hills  and  Capt.  Wm.  Gerrish,  in  behalf 
of  the  town  of  Newbery  on  the  other  part,  having  heard  the 
differences,  referred  to  an  agreement  made  by  Mr.  Dumer 
with  the  town,  that  those  lands  should  be  measured  and  what 
was  wanting  should  be  made  up  and  the  surplus  should  be  laid 
out  to  the  town.  The  bounds  of  the  lands,  which  were  laid 
out  nearly  thirty  years  ago,  cannot  be  found  to  mutual  satis- 
faction, and  Mr.  Jonathan  Danforth  surveyed  two  grants,  one 
of  300  and  one  of  170  acres,  the  latter  having  they  believed  10 
acres  belonging  to  the  town.  If  they  had  minded  exactly  the 
grant,  they  would  not  have  done  this,  the  ten  acres  beginning 
at  Easton's  cellar  at  an  angle,  runs  upon  a  straight  line  to 
that  part  of  Mr.  Dumer's  great  farm  above  the  spring  which 
both  parties  well  understand,  yet  considering  all  allegations 
of  Mr.  Dumer,  especially  his  want  of  satisfaction  for  a  share  at 
Plum  Island,  they  advised  that  the  town  would  yield  to  Mr. 
Dumer  the  300  and  170  acres,  together  with  the  50  acres  for- 
merly tendered  to  him  instead  of  his  Plum  Island  division. 
This  arbitration  covered  everything  except  Mr.  Dumpers'  plea 
for  right  of  commonage  or  freehold  for  two  or  three  houses  he 
had  erected  on  his  land  besides  his  mansion  house.  The  town 
of  Newbery  agreed  not  to  turn  out  the  man  who  lives  upon  the 
land  that  is  the  common,  but  if  he  desire  it  he  shall  have  free 
liberty  to  live  in  the  house  this  winter  so  as  to  tend  his  cattle 
and  use  the  hay  that  has  been  provided  for  them.  Sworn  in 
court. 

t  Autograph. 


1675]  RECORDS    AND    FILES  41 

John  Appleton,  sr.,  Richard  Dumer,  jr.,  and  John  Pickard, 
sr.,*  deposed.     SM^orn,  July  29,  1675,  before  Daniel  Denison.* 

Copy  of  the  Newburj'  town  records,  made  by  Anthony  Som- 
erby:*  "Att  a  legall  meeting  of  the  Towne  May  7,  1675,  Tris- 
tram Coffin  John  Knight  sen''  &  the  lott  layers  were  chosen  to 
lay  out  the  fifty  acres  according  to  the  Award  that  was  granted 
to  m^  Dumer  neere  the  north  westerly  part  of  his  farme  out 
of  the  Towns  Comons  there.  And  if  m""  Dumer  do  not  accept 
of  the  tender  of  this  fifty  acres  abousaid  or  deny  to  stand  to 
this  Award  according  to  the  bond  obligatory  dated  the  17**' 
of  Q**"  '"*''.  Then  the  Towne  voted  Capt.  Gerrish  &  John 
Knight  sen""  shall  haue  full  power  &  authoritj^  from  the  Towne 
to  prosecute  the  busines  from  Court  to  Court  against  M"" 
Dumer  his  heirs  &c:  to  effect  in  behalfe  of  the  Towne,  And 
m''  Joseph  Hills  &  Samuell  Plumer  v.ere  also  chosen  to  Joyne 
with  Capt.  Gerrish  &  John  Knight  these  four  or  any  two  of 
them  to  do  it." 

Copy  of  a  general  town  meeting  at  Newburj',  dated  Dec.  2, 
1673,  made  by  Anthon}^  Somerby*:  "It  was  voted  and  there 
was  chosen  Richard  Dole  John  knight  sen""  &  Thomas  Hale 
Jun''  to  lay  out  unto  m""  Richard  Dumer  all  his  Just  demands 
according  to  his  Grants,  and  to  receiue  for  the  Townes  use 
the  land  that  is  ouerplus  &  to  make  sale  of  that  parcell  of  com- 
on  that  lyes  on  the  south  east  corner  of  M""  dumers  farme 
ioyneing  to  the  Riuer  neere  Rowly  mill  and  to  sell  the  said 
parcell  of  land  for  the  best  aduantage  of  the  Towne,  the  said 
three  men  agreeing  about  it,  and  the  said  price  of  the  land  to 
be  imployed  for  the  building  of  the  ministry  house." 

Copy  of  a  general  town  meeting  at  Newbury,  dated  June  5, 
1673,  made  by  Anthony  Somerby*:  "That  wheras  M''  Dumer 
Complaines  that  he  wants  measure  in  seuerall  grants  of  land 
that  was  granted  to  him  by  the  ToM-ne.  It  was  voted  that  all 
m''  dumers  grants  should  be  measured  by  an  equall  Charge 
between  the  Towne  &  Mr.  Dumer  And  the  Towne  doth  en- 
gage to  make  good  his  seuerall  Grants  both  upland  and  meadow. 
And  m'"  Dumer  doth  engage  the  Towne  shall  haue  the  rest  of 
the  land  that  is  aboue  his  mesure  to  be  returned  to  the  Townes 
use  And  the  lot  layers  with  leiut  woodman  &  John  Knight 
sen""  was  chosen  mutually  to  see  the  said  Land  measured  & 
done  according  to  the  said  vote." 

Bond,  dated  Nov.  17,  1674,  given  by  Richard  Dumerj  to 
Joseph  Hills,  Samuell  Plumer  and  Wm.  Gerrish,  for  SOOli. 
Wit:  John  Appleton*  and  John  Pickard.*  William  Gerrish* 
and  Samuell  Plumer*  certified  that  they  agreed  to  attend  all 
the  meetings  of  the  arbitrators.     Wit:   Joseph  Hills.* 

Nathll,  Saltonstall  deposed.     Sworn  in  court. 

*Autograph.  fAutograph  and  seal. 


42  SALEM    QUARTEKLY    COURT  [July 

Charles  Greene  and  Hester  his  wife,  daughter  of  Samuell 
Yeo,  deceased  v.  Samuell  Condy.     Withdrawn.* 

Mr.  Hen.  Bartholmew  v.  Richd.  Hollingworth.  Debt. 
Verdict  for  plaintiff.  Defendant  being  out  of  this  jurisdiction, 
execution  was  respitted.f 

Mr.  James  Browne  v.  Ruth  White,  administratrix  of  the 
estate  of  Tho.  White.     Debt.     Verdict  for  plaintiff. J 

Jeremiah  Neale,  executor  of  the  will  of  John  Neale,   and 

John  Appleton,  sr.,§  John  Pickard§  and  Richard  Dumer,  jr.,§ 
deposed  as  to  being  present  at  the  drawing  up  of  the  bond. 
Sworn,  July  19,  1675,  before  Daniel  Denison.§ 

Capt.  Gerrish's  bill  of  cost,  31i.  9s.  8d. 

Wm.  Gerrish  and  John  Knight,  sr.,  deposed.  Sworn  in 
court. 

*Writ,  dated  June  21,  1675,  for  Condy's  detaining  the  dwel- 
ling house  and  land  from  Hester,  daughter  of  Samuell  Yeo, 
signed  by  Hilliard  Veren,§  for  the  court,  and  served  by  Nichlis 
Andrew, §  constable  of  Marblehead. 

tWrit,  dated  May  14,  1675,  signed  by  Hilliard  Veren,§  for 
the  court,  and  served  bj'-  Henery  Skerry, §  marshal  of  Salem, 
by  attachment  of  the  orchard  of  Hollingworth  and  trees  next 
to  Philip  English's  part  and  next  to  the  house. 

Henry  Bartholmew's  bill  of  cost,  16s. 

Mr.  Richard  Hollingworth  of  Salem,  9:9:  1673,  owed  to 
Henry  Bartholmew  :§  to  serge,  galome  and  thred,  9s.  lOd. ; 
4  duz.  of  buttons,  2s.;  31i.  of  butter,  Is.  6d.;  nedles,  4  l-2d., 
stillinge  water,  18d.,  Is.  10  l-2d.;  1  firkin  of  butter,  56  l-21i., 
Hi.  8s.  3d.,  the  firkin,  2s.;  2  yds.  of  ferrett  Rebane,  Is.;  2  qua. 
brandy,  3s.;  61i.  of  suger,  2s.  6d.;  1-4  C.  suger,  9s.  4d.;  61i. 
suger,  2s.  6d.;  1  yd.  of  yealow  serge  and  a  peece  of  Red  tape, 
3s.  lOd.;  8  laces,  8d.,  1-4  C.  of  Suger,  9s.  4d.,  10s.;  goods  to 
his  maide  Sara  Barrett,  13s.;  21i.  of  Tab:,  Is.  4d.;  4  yds.  of 
bindinge,  41i.  of  butter,  2s.  6d. ;  a  pr.  of  shooes  and  a  broome, 
5s.  5d.;    total,  41i.  19s.  10  l-2d. 

tWrit,  dated  May  29,  1675,  signed  by  Hilliard  Veren,§  for 
the  court,  and  served  by  Henery  Skerry, §  marshal  of  Salem, 
by  attachment  of  a  small  table,  two  brass  candlesticks  and  a 
parcel  of  corn  belonging  to  defendant. 

Bill  of  cost.  Hi.  2d. 

Bond,  dated.  May  11,  1671,  given  by  Thomas  White  ||  of 
Wenham,  to  James  Browne  of  Salem,  merchant,  for  91i.  10s. 
5d.  Wit:  John  Browne§  and  Stephen  Mascoll.§  Sworn  be- 
fore Wm.  Hathorne,§  assistant. 

§Autograph.  ||Autograph  and  seal. 


1675]  RECORDS    AND    FILES  43 

Andrew  Mansfeild,  husband  of  Mary,  late  wife  and  now  execu- 
trix of  said  John  Neale,  deceased  v.  WilUam  Lord.  Debt. 
Withdrawn. 

Leift.  Thomas  Putnam  v.  Ed.  Richards.  For  coming  upon 
the  ground  of  the  plaintiff,  or  in  his  possession,  and  breaking 
open  the  door  of  the  dM^elling  house  upon  said  land  that  was 
left  fast  locked.  The  jury  did  not  report  on  the  main  issue, 
but  took  the  liberty  of  the  law  to  present  only  what  they  found. 
Verdict  for  plaintiff,  that  the  defendant  broke  open  his  lock. 
Appealed  to  the  next  Court  of  Assistants.  Edward  Richards, 
Robert  Brimsdon  and  Steephen  Haskett  bound.* 

*Writ,  dated  23  :  4  :  1675,  signed  by  Billiard  Veren,t  for 
the  court,  and  served  by  Henery  Skerry,t  marshal  of  Salem. 

Thomas  Putnam's  bill  of  cost,  21i.  14s.  6d. 

Robert  Bronsdon  deposed  that  sometime  the  past  May,  he 
was  in  Salem  in  company  with  Mr.  Ralph  King,  Jacob  Pud- 
ingetors,  Edward  Richards  and  John  WiUiams,  the  cooper,  near 
deponent's  house  that  he  bought  of  John  Knight,  sr.,  of  Bev- 
erly, which  house  and  land  lay  near  Jacob  Pudingeters  in  Salem. 
When  they  came  to  deponent's  house,  he  found  his  door  locked 
and  not  knowing  where  the  key  was,  he  endeavored  to  break 
the  door  open  asking  those  with  him  to  help  him.  Accordingly 
John  Williams  and  Jacob  Pudingeter,  with  a  great  hammer  and 
a  great  pick  unclinched  the  nails  which  held  the  lock,  drove 
back  the  lock  and  staple  and  made  it  loose.  Edward  Richards 
coming  to  the  door  said  that  the  door  was  open  and  pushed  it 
in.  Afterwards  deponent  asked  John  Williams  to  set  another 
new  lock  on  the  door,  which  he  did,  and  gave  the  key  to  said 
Pudingeter  to  keep  for  deponent.     Sworn  in  court. 

John  Steephens,  aged  about  forty-one  years,  deposed  that 
the  house  he  hired  of  Leift.  Putnam,  which  was  mortgaged 
to  him  by  John  Knights,  he  had  looked  at  when  no  one  lived  in 
it,  before  Apr.  14,  1675,  which  was  the  date  when  he  hired 
it  of  him.  He  found  the  door  without  lock  or  bolt  or  latch, 
but  open  without  any  fastening.  Love  Steephens  said  that 
she  went  along  with  her  husband.  Sworn,  16  :  4  :  1675,  before 
Wm.  Hathorne,t  assistant. 

Lots  on  the  south  town  commons:  Jacob  Pudeator's  be- 
ginning at  the  east;  Tho.  Putnam  next;  another  lot  of  Jacob 
Pudeator's;   land  of  John  Bestes;   next  land  of  John  Williams. 

Mortgage  deed,  dated  July  9,  1674,  given  by  John  Knight,! 
sr.,  of  Beverly,  for  201i.  to  Leift.  Thomas  Puttnam  of  Salem, 

tAutograph.  JAutograph  and  seal. 


44  SALEM    QUARTERLY    COURT  [July 

"all  that  my  dwelling  house,  newly  built  with  the  ground  it 
stands  up  &  belongs  there  to  being  twenty  fower  rod  or  pole 
of  ground,  which  according  to  a  bill  of  sale  from  Jacob  Pud- 
eater  bearing  date  the  24*'^  of  June  1674  appeereth,  which  said 
Houss  &  ground  is  scittuate  &  lying  in  Salem,  &  is  bounded 
with  the  Towne  comon  land  to  the  south  &  on  the  east,  north 
&  west  with  the  land  of  the  said  Jacob  Pudeater."  Wit: 
Hilliard  Veren,  sr.*  and  Jno.  Price.*  Owned,  9:5:  1674,  be- 
fore Wm.  Hathorne,*  assistant.  Recorded  in  the  records  of 
Salem,  book  4,  fol.  87,  10  :  5  :  1674,  by  Hilliard  Veren,*  re- 
corder. 

Deed,  dated  Oct.  16,  1673,  given  by  John  Knightf  of  Salem, 
yeoman,  to  Robert  Brinsdon  of  Boston,  merchant,  for  a  house 
"of  six  &  twenty  foot  long  &  eightenn  foot  broad  with  all  the 
land  apptaining  thertoo  lying  &  being  in  Salem  aforesayd 
Twenty-four  pole  of  land  lying  and  being  bounded  as  fol- 
loweth  viz:  one  the  east  with  the  land  of  Jacob  Poindestre  one 
the  west  with  the  land  of  John  Williams  cooper:  and  the 
north  with  the  land  som-times  in  the  hands  of  Thomas  Wat- 
son and  one  the  south  with  the  Common  or  Common  land." 
Wit:  Mary  Richards*  and  Willm.  Howard,*  scribe.  Ack- 
nowledged, 19  :  10  :  1673,  before  Tho.  Clarke,*  assistant. 
Recorded  in  Salem,  book  4,  fol.  115,  June  15,  1675,  by  Hilliard 
Veren,*  recorder. 

John  Williams  deposed  that  about  four  years  ago  he  saw 
John  Knight,  sr.,  give  possession  to  Robert  Bronsdon.  Sworn 
in  court. 

Samuell  Pickworth  testified  that  about  two  years  ago  he 
was  employed  by  John  Knight  of  Beverly,  upon  the  account 
of  Robert  Bronsdon  of  Boston,  to  work  upon  the  house,  etc. 
Sworn  in  court. 

John  Knight  testified  concerning  his  father  selling  the 
land  near  Pudeater's,  the  smith,  to  Bronsdon,  in  satisfaction 
of  money  he  disbursed  for  deponent's  sister  when  she  lay 
sick  in  Boston  nearly  five  years  ago.  On  that  account  de- 
ponent gave  his  consent  that  he  should  have  it  and  no  one  else. 
Sworn  in  court. 

James  Browne,  glazier,  aged  seventy-one  years,  deposed 
that  Thomas  Putnam  and  John  Knight,  sr.,  of  Beverly  came 
to  his  house  a  little  while  before  said  Knight  went  to  England 
in  1674,  about  the  latter  end  of  the  fifth  month  or  the  beginning 
of  the  sixth  to  see  about  a  parcel  of  glass  for  the  said  Knight's 
house.  The  glass  being  ready.  Knight  ordered  it  to  be  de- 
livered to  said  Putnam,  whom  deponent  promised  to  set  up 
the  glass.     Sworn  in  court. 

♦Autograph.  fAutograph  and  seal. 


1675]  RECORDS    AND    FILES  45 

John  Putnam,  Henry  Keny  and  John  Buxton,  in  behalf  of 
the  committee  of  Salem  farmers  v.  John  Upton,  Debt. 
Verdict  for  defendant.* 


John  Williams,  aged  about  forty  years,  and  Jacob  Pudeater, 
aged  about  thirty-three  years,  deposed  concerning  Edward 
Richards  breaking  open  the  door,  which  was  in  the  latter  end 
of  April  or  the  beginning  of  May  last  since  Robert  Brinsden 
came  from  Boston.     Sworn  in  court. 

John  Rogers,  aged  about  twenty-eight  years,  deposed  that 
he  tried  to  hire  the  house  of  John  Knight  before  he  went  to 
England,  but  he  said  another  had  looked  at  it,  but  later  told 
him  he  might  have  it  and  that  Lieut.  Putnam  had  charge  of 
it.     Sworn  in  court. 

Nathaniel  Veren,  aged  about  twenty  years,  deposed  that  he 
bought  a  door  lock  at  Mr.  Jonathan  Curwines  for  his  father- 
in-law  Thomas  Putnam,  and  set  it  on  the  door  of  the  house  his 
father  bought  of  John  Knight,  sr.,  of  Beverly.  The  house 
was  in  Salem  next  to  Jacob  Pudeator's  on  the  west.  He  locked 
the  door  into  a  new  staple  that  came  from  his  father's  house. 
Sworn  in  court. 

Jonathan  Corwin,  aged  thirty-four  years,  deposed  that  in 
1673,  he  disbursed  upon  the  house  of  Mr.  Brimsden  a  sum  for 
boards  and  nails  by  John  Knights'  direction.  Also  that  the 
next  year,  said  Knights  proferred  the  house  as  security  for  the 
loan  of  501i.  in  silver,  whereupon  deponent  told  him  that  he 
had  said  a  year  ago  that  the  house  was  Brimsden's,  and  he 
answered  that  it  was  true,  but  his  cousin  and  he  had  agreed 
and  the  house  was  now  his.     Sworn  in  court. 

Edward  Richards  testified.     Sworn  in  court. 

*Writ:  John  Putnam,  Henry  Kenny  and  John  Buxton,  in 
behalf  of  the  committee  of  Salem  farmers  v.  John  Upton; 
debt ;  to  be  paid  in  money,  butter,  wheat  or  provisions,  it  being 
his  proportion  for  the  meeting  house  rate;  dated  11  :  4  :  1675; 
signed  by  Hilliard  Veren, f  for  the  court;  and  served  by  Hen- 
ery  Skerry,t  marshal  of  Salem,  who  read  the  attachment  to 
his  wife  in  their  house. 

Wm.  Lake,  aged  about  thirty-eight  years,  deposed  that  he 
being  then  constable,  the  committee  then  chosen  in  the  Farms, 
Tho.  Puttnam,  Tho.  Fuller  and  Josuah  Ray  employed  him  to 
distrain  upon  Jno.  Upton's  land  for  not  paj^ing  the  meeting 
house  and  ministry  rates. 

Thomas  Fuller,  Lt.  Thomas  Puttnam  and  Joshua  Rea  de- 
posed.    Sworn  in  court. 

Copy  of  the  record  of  a  meeting  of  the  farmers,  26  :  10  : 

t  Autograph. 


46  SALEM    QUARTERLY    COURT  [July 

William  Hascall,  as  guardian  for  the  children  of  Roger  Has- 
call,  deceased  v.  Edw.  Berry,  who  married  Elizabeth,  relict  of 
said  Roger.  Court  found  for  plaintiff.  The  defendant  was 
to  deliver  the  children's  portions.  The  jury  brought  in  a 
special  verdict  which  should  have  been  entered  before  the 
courts'  judgment.  If  the  committing  of  an  estate  of  legacy 
or  inheritance  by  will  of  deceased  to  any  person  for  the  bring- 
ing up  of  the  legatees  notwithstanding  the  person  to  whom 
such  estate  was  committed  by  will  is  deceased,  and  the  legatees 
left  to  and  brought  up  by  a  guardian,  will  by  law  keep  such 
estate  from  their  guardian,  they  find  for  defendant;   if  not,  for 

1672,  made  by  John  Putnam*:  "It  was  voted  that  the  fifth 
part  of  y^  Rate  for  y^  Building  of  the  meeting  house  and  finish- 
ing of  y''  same  shall  be  paid  In  Money  or  butter  or  wheat  at 
money  price  and  y'^  Rest  of  the  pay  in  such  pay  as  shall  Carry 
the  worke  along.  This  money  and  Butter  and  wheat  is  to 
prouide  glass  and  nailes  for  the  meeting  house." 

"At  a  meeting  of  the  farmers  the  6*''  of  Nouemb'"  1674  There 
was  A  Comitty  Chosen  for  y^  year  ensueing  w"''  Are  John 
Putnam,  John  Gingell,  John  Buxton,  Nathaniel  Ingersoll  & 
Henry  Kennye." 

"At  a  meeting  of  the  farmers  y''  22  7*'"  m°  1674  It  was 
voted  that  the  former  Comittyes  are  Desired  To  Giue  an 
account  of  the  Rates  that  they  haue  made  to  the  Committy 
In  being,  and  y^  Committy  In  being  are  to  receive  the  account." 

"The  28  of  y"  10'*^  m°  1674.  We  whose  names  are  und'" 
written  being  Desired  To  Give  an  account  of  the  ministers 
Rate  and  the  meeting  house  Rate  made  for  y^  year  1672,  y^ 
27  of  y"  12*'^  m°  The  menesters  Rate  made  the  18*''  of  y*^  9*^ 
m°  1672,  we  say  being  desired  to  give  an  account  to  the  Com- 
mitty now  In  being,  our  accounts  are  as  followeth  —  Laid  out 
upon  the  meeting  150 1'  13s.  3d.  The  Persons  Names  that 
haue  not  paid,  "Bray  Wilkins,  17s.;  Nathaniel  Putnam,  12s. 
lOd.;  Isaac  Goodall,  18s.  9d.;  John  Leach,  sr.,  7s.;  William 
Raiment,  6s.  3d.;  Jacob  Barney,  Is.  3d.;  Capt.  Thomas 
Latrop,  Hi.  10s.  6d.;  Zechary  Herick,  6s.  9d.;  John  Upton, 
21i.  9s.  3d.;  John  Sampson,  3s.;  William  Nickolls,  9s.  4d.; 
Thomas  Robins,  2s.  6d. ;  Josiah  Southerick,  Is.  6d. ;  Mrs.  Dan- 
forth,  2s.  8d.  Signed  by  Thomas  Fuller,  Joshua  Rea  and 
Thomas  Putnam,  and  copy  made  by  John  Putnam.* 

"At  A  meeting  of  the  farmers  y"  26***  10'"°  1672.  It  was 
voted  that  we  will  build  a  meeting  house,  34  foot  Long.  28 
foot  Broad  and  16  foot  Between  Joynts." 

*Autograph. 


1675]  RECORDS    AND    FILES  47 

plaintiff,  to  have  the  estate  that  is  willed  unto  Roger,  Josiah, 
Samuell  and  Sarah  Haskall  by  their  father  Roger  Hascall, 
deceased.* 

Samuell  Hunt  v.  Hen.  Benet  and  Jon.  Spark.  Forfeiture  of 
a  bond  of  fifty  pounds  as  surety.  Verdict  for  plaintiff.  Mod- 
eration of  the  bond  was  respitted.f 

Samuell  Bishop  and  Margaret  Bishop,  executors  of  the  will 
of  Tho.  Bishop,  deceased  v.  Ens.  Jon.  Goold.  Appeal  from 
the  judgment  of  the  Worshipful  Major  Genrll.  Denison.  Debt. 
Special  verdict.  If  one  single  evidence  with  defendant's 
affirmation,  it  not  appearing  to  be  a  book  debt  nor  how  due 
nor  in  what,  be  sufficient  proof  according  to  law,  they  find  for 
defendant,  a  confirmation  of  the  former  judgment;  if  not, 
for  appellant,  a  reversion  of  the  former  judgment.  Court 
found  for  plaintiff,  the  reversion  of  the  former  judgment.! 

*Writ,  dated  June  22,  1675,  signed  by  Robert  Lord,§  for 
the  court,  and  served  by  Phillip  Fouler,  §  deputy  for  Robert 
Lord,§  marshal  of  Ipswich,  by  attachment  of  houses  of  de- 
fendant. 

William  Hascal's  bill  of  cost,  Hi.  10s. 

Henry  Bayley  and  Henry  Herrick  certified,  20  :  5  :  1675, 
that  they  had  viewed  the  estate  lately  Roger  HascoU's,  de- 
ceased, in  Beverly,  and  judged  "that  the  decay  of  the  hous- 
inge  and  fences  and  stroy  and  waste  made  by  cuttinge  and 
fallinge  of  Timber  vppon  the  Land,"  amounted  to  601i.  Sworn 
in  court. 

Copy  of  the  record  of  the  Ipswich  court,  Mar.  30,  1675, 
appointing  William  Hasscall  guardian  of  Roger  Hasscall's 
children,  made  June  22,   1675,  by  Robert  Lord,§  cleric. 

fWrit,  dated  June  24,  1675,  signed  by  Robert  Lord,§  for  the 
court,  and  served  by  Robert  Lord,§  by  attachment  of  Spark's 
house  and  a  horse  and  cattle  of  Benitt's. 

Samuell  Hunt's  bill  of  cost,  Hi.  16s. 

Copy  of  the  Salem  court  records,  30  :  4  :  1674,  and  of  the 
Ipswich  court,  4:9:  1674,  and  Mar.  30,  1675,  in  relation  to 
this  action. 

I  Writ:  Ens.  John  Gould  v.  Samuel  Bishop  and  Margaret 
Bishop,  executors  of  the  estate  of  Thomas  Bishop;  debt; 
dated  Apr.  6,  1675;  signed  by  Robert  Lord,  for  the  court. 
Copy  made,  June  25,  1675,  by  Daniel  Denison.§ 

Copy  of  papers  in  this  action  brought  before  Major  Denison: 
Zacheus  Curtise,  sr.,  testified  that  he  being  in  company  with 

§Autograph. 


48  SALEM    QUARTERLY    COURT  [July 

Samuell  Bishop  and  Margarett  Bishop,  executors  of  the 
will  of  Thomas  Bishop,  deceased  v.  John  Goold.  Appeal  from 
the  judgment  of  the  Worshipful  Major  Genrll.  Denisson. 
Debt.     Special  verdict.     Court  found  for  plaintiff. 

Mrs.  Margarett  Bishop  and  Mr.  Samll.  Bishop,  executors 
of  the  will  of  Tho.  Bishop,  deceased  v.  Richard  Downes. 
Debt.     Verdict  for  plaintiff,  to  be  paid  in  merchantable  fish.* 

Thomas  Bishop,  sr.  and  John  Gould  some  years  since,  heard 
Bishop  own  the  debt,  etc.  Sworn,  Apr.  20,  1675,  before  Daniel 
Denison,  and  copy  made  by  Daniel  Denison.f 

This  action  was  tried  before  Major  Denison,  Apr.  20,  1675, 
with  judgment  for  plaintiff.  Appealed  to  the  Salem  court, 
John  Baker  and  John  Finder,  sureties.  Copy  made  by  Daniel 
Denison.f 

Bill  of  cost,  Hi.  2s.  6d. 

Samuell  Bishop'sf  reasons  of  appeal,  received  June  22,  1675, 
by  Daniel  Denison :t  "There  is  but  one  single  and  simple 
Evidence  to  w*  is  proved  in  the  Case  (who  if  he  were  examined 
w*  an  oath  is  wn  he  is  out  of  his  Cups  I  suppose  Can  Give 
but  a  poor  accompt  of  his  knowledge)  For  when  the  s^  Curteis 
were  examined  before  the  Major  Generall  touching  his  evidence 
(he  answered  him)  that  he  had  never  thought  of  it  from  the 
time  that  y''  words  were  spoken  till  a  weeke  or  a  fortnight  be- 
fore y''  tryall  of  the  Case  wch  makes  the  present  plantiffe 
Groundlesly  thinke  that  there  were  not  in  that  evidence  the 
truth,  the  whole  truth  &  nothing  but  the  truth,"  etc. 

John  Gould's  answer  to  Samuell  Bishup's  reasons  of  appeal: 
"As  to  y*^  wisdome  of  y*^  parson  wee  acknowlidg  hee  may 
not  haue  so  much  Craft  as  a  Buship  but  wee  trust  more  honisty 
then  all  y  Buships  that  may  share  in  this  estate  if  Recouered 
from  y^  p'sent  defendant  afirming  positiuly  and  one  witnes 
making  oath  y"^  dettar  neuer  dening  is  dubel  and  Consiquntly 
Leagull  profe  before  God  and  man  and  wee  hope  this  p^sent 
Court  will  take  notis  how  much  this  Charge  doth  reflect  apon 
y^  former  Court  that  Judged  this  Case.  .  .  I  hope  this 
Court  will  be  verey  redy  to  Grant  releufe  in  Cases  where  y" 
Buships  of  this  Genaration  would  atempt  soe  hily  to  Apeale 
from  Judgment  Granted  apon  Law  and  testamony,"  etc. 

*Writ,  dated  June  24,  1675,  signed  by  Peter  TAvisden,t  for 
the  court,  and  served  by  Richard  Willcom,t  constable  of  the 
He  of  Shoales. 

Bishop's  bill  of  cost,  21i.  lOd. 

Richard  Welcom,  aged  about  thirty-four  years,  deposed  that 

t  Autograph. 


1675]  RECORDS    AND    FILES  49 

Simond  Bradstreet,  Esq.  v.  William  Buckly,  Debt.  With- 
drawn. 

William  Buckly  acknowledged  judgment  to  Simond  Brad- 
street,  Esq. 

John  Hascall,  son  of  Roger  Hascall  v.  Edw.  Berry,  late 
husband  of  Elizabeth  Hascall,  who  was  formerly  the  wife 
of  Roger  Hascall,  deceased,  and  executrix  of  the  said  Roger's 
will.  For  withholding  a  legacy.  Wm.  Hascall  engaged  him- 
self in  court  as  security  for  said  John.     Verdict  for  defendant.* 

he  heard  Downes  acknowledge  the  debt  to  Samuel  Bishop  at  the 
Shoals,  but  there  were  then  six  quintals  of  refuse  fish  paid. 
Sworn,  June  24,  1675,  before  Peter  Twisden,t  commissioner. 

Bond,  dated  Nov.  28,  1669,  given  by  Richard  (his  mark) 
Downe  of  the  He  of  Sholl  to  Thomas  Bishop  of  Ipswich,  for 
641i.  4s.  to  be  paid  in  fish.  Wit:  John  Brounson  and  Chris- 
topher Codner.  Said  Brounson  made  oath,  20  :  5  :  1675,  be- 
fore Wm.  Hathorne,t  assistant,  and  said  Codner,  21  :  4  :  1675, 
in  Salem  court. 

Francis  Wainwright  deposed  that  when  Bishop  attached  the 
fish,  Downes  had  no  fish  upon  the  Rock,  but  his  whole  voyage 
was  sold  and  delivered  to  deponent  by  his  son  Jno.  Wain- 
wright according  to  order.  The  constable  told  deponent  that 
he  told  Bishop  that  the  fish  attached  was  Wainwright's. 
Sworn,  July  19,  1675,  before  Daniel  Denison.f  John  Wain- 
wright made  oath  to  the  same  in  Salem  court. 

*Writ,  dated  Apr.  3,  1675,  signed  by  Samuell  Hardie,t  for 
the  court,  and  served  by  William  Rayment,t  constable  of 
Beverly,  by  attachment  of  Draper's  point,  belonging  to  de- 
fendant. 

Ed.  Berry's  bill  of  cost,  lis. 

Willem  Hascoll,  aged  about  fifty-five  years,  deposed  that 
he  was  at  Salem  court  when  his  brother's  will  was  proved  and 
desired  the  court  to  consider  his  cousin  John,  as  he  was  the 
eldest  son,  and  had  not  been  given  as  much  as  intended  by  will. 
When  Mister  Broadstreete  viewed  the  will  he  told  deponent's 
sister  that  she  must  consider  her  son  John,  which  she  agreed 
to  do.     Sworn  in  court. 

Wilem  Dodge,  aged  about  thirty  years,  deposed  that  he 
heard  his  mother  Hascol  say  some  time  after  his  father-in-law's 
will  was  proved,  that  she  was  to  pay  401i.  to  John,  etc.  Sworn 
in  court. 

Elisabeth  Dodge,  aged  about  twenty-six  years,  deposed  that 
her  mother  Hascol,  etc.     Sworn  in  court. 

fAutograph. 


50  SALEM    QUARTERLY    COURT  [July 

William  Goodhue  v.  James  Sanders.  Debt.  Verdict  for 
plaintiff.* 

Mr.  Joseph  Whiting,  Mr.  Samuell  Gardner!  and  Allen 
Bread,  jr.  took  the  oath  of  a  freeman. 

John  Black  dying  intestate  and  there  being  an  inventoryt 
of  his  estate  brought  in  to  court  amounting  to  llli.  10s.,  admin- 
istration was  granted  to  John,  his  son,  who  was  ordered  to  pay 
out  of  the  estate  to  his  three  sisters,  Eliza  KemboU,  Pearcis 
Follett  and  Lydia  Davis,  50s.  each. 

Thomas  Tenny,  for  committing  fornication  with  Mary 
Tenny,  was  sentenced  to  be  severely  whipped  or  pay  a  fine, 
the  whipping  to  be  on  the  next  lecture  day, 

Mary  Tenny,  for  committing  fornication  with  Tho.  Tenny 

Copy  of  the  will  of  Roger  Hascoll  made  by  Hilliard  Veren,§ 
cleric. 

*Writ,  dated  May  19,  1675,  signed  by  Robert  Lord,§  for  the 
court,  and  served  by  Robert  Lord,§  marshal,  by  attachment 
of  land  in  the  Haverhill  ox-common. 

Decan  William  Goodhue's  bill  of  cost.  Hi.  14s.  lOd. 

William  Goodhue  reckoned  with  James  Sanders,  Mar.  12, 
1674-5,  and  there  was  due  said  Goodhue  in  pork,  wheat  and 
malt,  31i.  On  May  5,  1675,  paid  to  Nathaniel  Haris  of  Rowly 
10s.  Goodhue's  man,  Thomas  Spark,  and  Robert  Lord,  mar- 
shal, attested  the  same,  the  former  on  July  20,  1675,  before 
Daniel  Denison,§  and  the  latter  in  Salem  court. 

Lettery  of  attorney,  dated  June  21,  1675,  given  by  William 
Goodhew,  sr.,§  of  Ipswich  to  Robert  Lord,  jr.,  of  Ipswich. 
Wit:  Henry  Benet§  and  Thomas  Sparke.§  Sworn,  June  22, 
1675,  before  Daniel  Denison.§ 

fEdw.  Rawson,§  Secretary,  certified  that  "Att  A  Generall 
Court  for  Election  held  at  Boston  12*^  May  1675,  Samuel 
Gadiner  was  Admitted  to  the  freedome  of  this  Colony." 

ICopy  of  the  inventory  of  the  estate  of  John  Blacke,  sr., 
who  died  16  :  1  :  1675  taken  12  :  2  :  1675,  by  Thomas  Law- 
thropp  and  John  Hill,  and  copy  made  by  Samuell  Hardie:§ 
his  wearing  Clothes,  21i.;  linnen  sheets  &  shirts,  Hi.  5s.;  small 
Linnen,  5s.;  bed,  bolster  &  Pillow,  21i.  15s.;  bedstead,  Chest 
&  Chaire,  Hi.;  one  Cow,  41i.;  a  Small  Gunne,  5s.;  total,  llli. 
10s.  "There  was  another  Cowe:  that  was  Sold  p  the  now 
Deceased  person  in  the  time  of  his  life  for  two  pounds  in  money : 
the  charge  of  the  seuerall  &  other  maters  amounted  to  more  & 
therfore  we  thought  not  meet:  to  put  that  into  the  Inventory." 

§  Autograph. 


1675]  RECORDS   AND    FILES  51 

and  concealing  it  until  after  her  marriage  to  another  man,  was 
sentenced  to  be  severely  whipped  the  next  lecture  day  or  pay  a 
fine. 

Court  remitted  William  Croft's  fine. 

Henry  Skerry,  marshal,  was  appointed  administrator  of  the  es- 
tate of  Elias  Whittee,  deceased,  who  died  intestate,  and  there  be- 
ing an  imperfect  inventory*  presented,  said  Skerry  was  ordered 
to  perfect  it,  pay  the  debts,  and  make  return  to  the  next  court. 

Mary  Read,  presented  for  committing  fornication,  was  sen- 
tenced to  be  whipped  on  the  next  lecture  day  or  pay  a  fine. 

Capt.  Joseph  Gardner,  Richard  Norman,  Christopher  Latta- 
more,  Mr.  John  Hathorne  of  Lin,  Ellenor  Hollingworth  and 
Edward  Richards  had  their  former  licenses  renewed  for  keep- 
ing an  ordinary. 

Mr.  Steephen  Haskett,  Mr.  Jon.  Higgenson,  Mr.  Moses 
Maverick,  Mr.  William  Browne,  jr.,  Capt.  John  Corwin  and 
Mr.  John  Gedney  had '  their  licenses  renewed  for  retailing 
strong  waters. 

Theophilus  Baily  had  his  former  license  renewed  and  also 
further  liberty  to  draw  beer  and  cider,  f 

Mr.  Timothy  Lindoll  and  Mr.  William  Bowditch  had  li- 
censes granted  to  retail  strong  water. 

*Inventory  of  the  estate  of  Elias  Whity,  who  was  servant 
to  Robt.  Stone,  and  was  drowned  at  Winter  Island  from  a 
boat  carrying  fish  ashore,  Edw.  Mould  and  John  King  being 
chosen  by  said  Stone  to  appraise  his  goods:   one  hatt,  7s.  6d.; 
one  Caster  hat,  8s.;    4  yds.  Broad  Cloth  at  5s.  6d.  p  yd.,  Hi. 
2s.;   12  yds.  narrow  Cotton  at  Is.  8d.  p  yd.,  18s.;   4  pr.  shooes, 
13s.;    1  Coate  &  A  pr.  of  Britches,  Hi.  Is.;    1  Coate  &  pr.  of 
Britches,   14s.;    2  wastcoats,  9s.;    3  old  pr.  Drawers,  3s.;    a 
prsell  of  old  Cloaths,  8s.;   2  shirts  &  4  neckcloth,  1  pr.  Gloves 
9s.;    1  gunn,  1  Chest  &  a  rayser,  lis.;    1  Line  &  Hooks,  4s. 
one  horse  &  a  sadle,  21i. ;   mony  Robt.  Stone  owes  him,  Hi.  7s 
5d.;    total,    llli.   9s.    lid.;    Charges  for  his  Burien,   31i.  4s. 
washing  &  Lodging  Last  winter  and  diet  for  five  months,  41i. 
for  last  summer.  Hi. ;   mony  Lent  him  p  Wm.  Russell,  Hi.  10s. 
total,  91i.  14s. 

fPetition  dated  26  : 4  :  1675,  of  the  selectmen  of  Linn,  Rich. 
Walker,!  Thomas  Marshall,!  WiUiam  Bassett,|  Ralph  King! 
and  Thomas  Newhall,|  for  the  court  to  grant  the  license. 

lAutograph. 


52  SALEM    QUARTERLY    COURT  [July 

Allexander  Lillington  came  into  court,  and  by  papers  it 
appearing  to  court  that  he  is  the  husband  of  Sarah,  daughter 
of  Thomas  James,  deceased,  who  is  the  only  surviving  child 
and  rightful  heir  of  said  James,  court  ordered  that  what  estate 
of  said  Thomas  was  or  is  in  the  hands  of  Jeremiah  Meachum, 
administrator,  or  elsewhere  in  this  country,  be  delivered  up  to 
said  Allexander  forthwith.* 

*Letter  addressed  "For  ou''  hon"""^  friends  The  Majestrates 
of  Salem  These  In  New  England." 

"Hon'''^  And  Christian  freinds 

"Herewith  goes  A  member  of  this  Collony  Alexander 
Lillington,  whose  occasions  call  him  to  yo''  Jurisdiction,  to 
looke  after  an  estate,  real  and  psonall,  in  right  of  his  wife; 
Sarah  the  daughter  of  Thomas  James,  formerly  an  Inhabitant 
in  yo''  Countrey  but  some  yeares  since  departed  this  life,  in 
these  parts  whoe  left  Ishue,  besides  his  said  daughter,  two  sons, 
John  and  Joseph,  both  which  being  since  dead,  the  said  estate, 
(in  Law  and  equity)  belongs  to  the  said  Sarah,  as  the  onely 
suruiuo"".  As  for  such  estate,  which  the  said  decendents  were 
possessed  of,  in  this  Collony,  the  said  Lillington  is  invested 
therewith,  by  virtue  of  an  Administration  granted  to  him  by 
this  Court.  A  Testimoniall  whereof  (attested  by  ou""  Regis- 
ter, with  the  scale  of  the  Collony  Affixed  thereunto)  hee  carrys 
with  him  to  shew  yo""  Court  of  Salem.  Yett  he  beeing  dubious, 
that  those  whoe  are  in  possession  of  the  said  estate  there  will 
proue  litigious.  And  if  swayed  by  a  wordly  interest  may 
weary  him  with  law  sutes,  unlesse  hee  will  comply  with  their 
selfish,  and  couetous  desires,  in  regard  hee  is  altogeather  a 
straunger  in  yo""  parts  and  so  his  Credditt,  not  likely  to  fur- 
nish him  with  money  (which  Solomon  saith  answeres  all  things) 
to  wage  law.  Wherefor  hee  desires  letters  from  us  to  yo'' 
Worp^  as  depending  for  help  and  assistance  wholy  on  yo"" 
Justice.  Such  a  reasonable  request  by  noe  meanes  could  wee 
deny  him,  though  wee  know  (by  the  fame  y*  is  spread)  yo'' 
readinesse  to  distribute  to  all,  according  to  equity.  Howeuer 
though  wee  are  assured  that  so  it  is,  and  that  wee  speake  to 
those  who  professe  to  Hue,  a  life  to  come.  Yett  (as  stewards 
of  God)  in  the  bearers  behalf,  wee  thinck  expedient  to  desire 
yo""  worp^  to  make  yo""  wisdome  and  iustice  operatiue  to  counter 
check  any  Subtilty  or  deceipt  that  may  bee  suggested  by  his 
opposers.  Yo""  station  alloweth  yo""  greate  aduantage  yo"  are 
the  first  figures  that  stand  for  more  in  publique  concernes 
then  all  that  follow  after.  Wee  hope  therefor  yo"  will  shew 
yCselues  worthy  patriots,  and  iustly  defend  him  against  all 
cunning  fraud,  but  especially  that  he  may  not  bee  put  of  with 


1675]  RECORDS    AND    FILES  53 

An  imperfect  will  of  Richard  Bishop,  deceased,  being  pre- 
sented and  all  parties  concerned  being  not  present,  the  case 
was  referred  to  the  next  Salem  court. 

John  Lander  and  his  wife,  presented  for  committing  fornication 
before  marriage,  were  sentenced  to  be  whipped  or  pay  a  fine. 

John  Legroe  and  his  wife,  presented  for  committing  forni- 
cation before  marriage,  were  sentenced  to  be  whipped  the  next 
lecture  day  or  pay  a  fine. 

Mr.  Peter  Duncan  of  Gloster  being  complained  of  for  selling 
strong  Avaters  to  the  Indians,  the  hearing  of  the  case  was 
referred  to  the  next  Ipswich  court  and  the  clerk  was  too  issue 
warrants. 

John  Baker  and  his  wife,  presented  for  committing  forni- 
cation before  marriage,  were  sentenced  to  be  whipped  the  next 
lecture  day  or  pay  a  fine. 

delayes.  The  doeing  whereof  as  it  will  bee  of  greate  concerne 
to  him,  so  wee  shall  take  it  as  a  fau'"  to  ou^'selues,  and  if  it 
layeth  within  ou""  beinge  bee  ready  on  all  occasions  to  retalliate 
Thus  committing  yo"  to  the  protection  of  the  omniscient 
power;  with  hearty  commendations  tendered  wee  take  leiue 
to  subscribe  ou'^selues 

"S"  Yo''  friends  &  seruants 
"Tho.  Cullen,*  John  Jenkins,  Dpt^  Gov^ 
"John  Nixon,*  John  Hearvey.* 
"From  y''  Court  of  Albemarle 

the  12**^  March  1674-5." 

Caleb  Lambe,  aged  about  thirty-six  years,  deposed  that 
being  in  the  county  of  Albemarle  in  the  Province  of  Carolina 
in  1674-5,  he  was  present  at  the  sitting  of  the  court  when  he 
received  his  appointment  as  adminstrator  of  Thomas  James' 
estate.  John  Pelton,  aged  about  thirtj^  years,  testified  to  the 
same.     Sworn,  May  20,  1674,  before  Daniel  Denison.* 

Francis  Godfreyf  certified,  at  Albemarle,  Oct.  10,  1674,  that 
he  married  Allexander  Lillington  and  Sarah  James,  daughter  of 
Thomas  James  according  to  the  act  of  the  country  on  Sept. 
16,  1669.     Wit:    Thomas  Harris,*  clerk  of  the  court. 

Letter  of  administration  to  Allexander  Lillington  and  his 
wife  Sarah,  of  the  estate  of  John  James  and  Joseph  James, 
dated  Albemarle  county,  in  the  Province  of  Carolina,  Mar. 
16,  1674,  and  signed  by  John  Jenkins,*  Dep.  Gov.,  with  the 
county  seal  affixed. 

*Autograph. 


54  SALEM    QUARTERLY    COURT  [July 

Martha  Henly  and  Elizabeth  Poe,  for  scolding  and  rude 
carriage  and  speeches  and  for  fighting  one  with  another,  were 
fined. 

Elizabeth,  wife  of  William  Poe,  for  selling  liquors  several 
times  to  the  Indians  contrary  to  law,  was  fined  or  to  be  whipped. 

Thomas  Leonard  complained  of  upon  suspicion  of  having 
a  hand  in  burning  the  coal  house  at  the  Iron  works,  court 
found  that  there  was  great  ground  of  suspicion,  and  ordered 
that  if  said  Leonard  be  found  within  seven  miles  of  Topsfeild 
or  the  Iron  works  for  time  to  come,  he  should  be  whipped  and 
complained  of  to  a  magistrate  by  any  person  who  should  find 
him,  and  he  was  also  bound  to  good  behavior  during  the 
pleasure  of  the  court.  Thomas  Leonard,  Mr.  Oliver  Purchas 
and  Ens.  John  Goold  bound.* 

*01iver  Purchis,  aged  fifty-eight  years,  testified  that  Thomas 
Leonard,  Blaye  Vinton  and  Sarah  Perkins  came  to  Lyn  works 
on  the  sixth  day  before  the  coalhouse  at  Rowley  Village  was 
burned,  on  the  Lord's  day  and  they  were  at  the  house  where 
deponent  dwelt  at  or  before  three  o'clock  in  the  afternoon. 
They  were  at  home  that  night,  about  home  all  the  next  day 
and  the  Lord's  day  on  which  the  coalhouse  was  burned,  and 
were  at  Lyn  meeting  both  forenoon  and  afternoon.  Further 
deponent  never  heard  Leonard  make  any  complaint  against 
the  works  or  the  owners.     Sworn  in  court. 

John  How  deposed  that  Goody  Lannord  said  a  few  days  be- 
fore she  went  away  from  Rowly  Village  that  the  works  would  be 
ruined,  "Mark  said  she  thay  will  sartonly  be  demolished  for 
saied  she  the  owners  haue  delt  wekedly  with  us:  and  saied 
the  workmane  haue  a  trek  to  hender  any  from  working  after 
them  If  thay  be  torned  out:  thay  will  com  to  damig  said  she 
by  fier  or  otherwise."  Samuell  and  Nathanill  also  spoke 
such  words,  and  Samuell  vowed  vengance  upon  the  owners. 
Sworn  in  court. 

Jeremie  Houd  deposed  that  he  saw  Thomas  Lenord  at  the 
Iron  works  at  Topsfeld  the  Friday  before  the  fire  and  he  tied 
his  horse  to  the  coalhouse.  Further  that  they  laid  up  the 
coalbasket  on  Friday  night  but  on  Saturday  morning  half  of 
it  was  burned  off.     Sworn  in  court. 

Thomas  Andrews  deposed  that  the  coal  that  lay  on  the 
side  next  the  dwelling  house  was  not  on  fire  until  the  coal- 
house fell  on  it,  after  which  he  took  a  shovel  from  that  side 
that  was  only  a  little  scortched. 

Warrant,  dated  22  :  5  :  1675,  for  the  appearance  at  sight, 


1675]  RECORDS    AND    FILES  55 

Left.  Thomas  Putnam  attaching  Edward  Richards  and 
letting  the  attachment  fall,  the  latter  was  allowed  costs.* 

of  Thomas  Pearly  and  wife  Liddea,  John  How,  Samuell  Si- 
monds,  Daniell  Wood,  Jeremiah  Hood,  Thomas  Towers, 
Zacheus  Curtice,  jr.,  Edmund  Bridges  and  Ensign  John  Goold 
to  give  evidence  concerning  the  burning  of  the  Iron  works, 
signed  by  Hilliard  Veren,t  for  the  court.  The  constable  of 
Salem  was  ordered  by  the  court  to  "press  a  horse  &  man 
to  send  away  this  warrant,"  and  John  Littlehale  made  oath  in 
court  that  he  had  summoned  the  persons  mentioned. 

Samwell  Simons,  aged  about  thirty-five  years,  and  Daneell 
Wood,  aged  about  twenty-five  years,  deposed  that  they  saw 
the  fire  and  the  windward  end  of  the  house  was  first  burned, 
which  was  toward  the  southwest.     Sworn  in  court. 

Thomas  Tower  deposed  that  on  Thursday  night  Lannord 
came  to  Goody  Androuses,  and  thence  to  John  Gould's,  where 
he  lodged.     Sworn  in  court. 

John  Gould  deposed  that  Jacob  Towne  told  him  that  the 
end  next  the  highway  was  burned  first,  etc.     Sworn  in  court. 

John  Putnam  deposed  that  he  was  at  John  Gould's  house  on 
Thursday  night  and,  when  Lenerd  came  in,  asked  him  where 
he  had  been.  He  said  he  was  not  bound  to  give  account. 
Sworn  in  court. 

Blaze  Vinton,  aged  twenty-one  years,  deposed  that  he  had 
asked  Leonard  to  go  with  him  to  Topsfeild  and  Ipswich,  etc. 
Sworn  in  court. 

Thomas  Perley,  aged  about  thirty-four  years,  deposed  that 
the  next  week  after  the  fire,  Nathanel  Lenod  came  into  his 
field  and  said  he  was  glad  he  was  not  there  when  the  house 
burned,  because  they  would  have  said  he  burned  it.  Sworn 
in  court. 

Edmond  Bridges  testified  that  on  Friday,  Lenard  tied  his 
horse  to  the  coalhouse,  came  down  to  the  forge  and  asked 
for  John  Vinton,  etc.     Sworn  in  court. 

Zakeas  Curtis,  aged  about  twenty-nine  years,  testified  that 
he  was  at  the  "upper  finere  whell,"  etc.  Also  that  he  saw 
Thomas  and  Nathanell  Lenord  on  Friday  late  at  night  come 
riding  from  the  forge  by  deponent's  house.  Deponent  asked 
them  if  the  workmen  were  at  the  "works  and  they  said  they 
could  not  tell  but  saw  a  light  in  the  forge,  etc.     Sworn  in  court. 

John  Vinton,  aged  about  twenty-six  years,  deposed  that  he 
with  Thomas  Tower  and  John  Chilson,  went  to  Goodwife 
Andrewes,  etc.     Sworn  in  court. 

*Edward  Richards'  bill  of  cost,  17s.  8d. 

tAutograph. 


56  SALEM    QUARTERLY    COURT  [July 

The  fines  received  by  this  court  are  to  be  paid,  lOH.  in  money 
to  the  treasurer  of  the  county,  the  rest  to  remain  upon  this 
court's  account. 

Court  ordered  that  if  there  were  not  seven  barrels  of  powder 
laid  in  according  to  law  as  town  stock  by  the  selectmen  of 
Salem  on  or  before  the  last  day  of  the  next  month  and  so 
signified  under  the  hands  of  the  selectmen,  to  the  Worshipful 
Major  General  Denison,  the  said  selectmen  should  be  liable 
to  the  penalty  of  the  law. 

Whereas  Samuell  Leonard  made  an  escape  from  under  the 
hands  of  justice  to  some  parts  in  Coneticot  Colony,  court 
desired  that  the  said  Colony  return  him,  if  found,  as  a  runaway. 

The  will*  and  inventory!  of  Margeret  Sanden  were  proved 
and  allowed  in  court  by  John  Merett. 

*Will  of  Margarett  (her  mark)  Sanden|  of  Marblehead, 
widow  of  Arthur  Sanden,  ''being  Ancient,"  dated  Aug.  20, 
1667:  "Imp'"s  I  giue  unto  Samuell  &  Ephraim  Sandin  the 
children  of  John  Sanden,  my  son,  late  deceased:  twenty 
shillings  each  of  them  to  be  paid  in  6  months  after  my  decease 
It  I  giue  vnto  the  children  of  nicholas  meret  by  mary  my 
daughter,  being  in  number  eight  sons  &  daughter,  now  sur- 
viving all  the  rest  of  my  estat  when  all  debts  &  other  charges 
are  paid  to  be  equally  devided  among  those  that  survive  of 
them  to  the  age  the  sonns  at  21  years  &  daughters  at  18  years 
or  maryed:  It  I  doe  appoynt  my  son  nicholas  merrett  &  mary 
his  wife  my  daughter  to  be  sole  executors  of  this  my  last  will 
&  testament,"  Wit:  Mary  (her  mark)  Veren,  Henry  West§ 
and  Hilly ard  Veren,  sr.§ 

flnventory  of  the  estate  of  Margreet  Sanding,  deceased, 
appraised  by  Cristover  Lattemore,  William  Browne  and 
Nathenell  Walton:  one  Feather  Bed,  21i.;  1  Bolster  and  2 
Pillowes,  15s.;  2  old  Blanketts  &  1  old  Rugg,  10s.;  1  old  Cat- 
taile  &  old  Bedding,  12s.;  1  old  Couerled,  12s.;  1  old  Chair, 
2s.;  1  old  bedstead  and  1  old  Bedd  matt,  10s.;  1  pare  Cur- 
tans  and  old  Vallins,  12s.;  1  Looking  Glace,  Is.  6d.;  1  old 
Warming  Pann,  4s.;  2  Pare  Pillowbeers,  6s.;  3  old  pillow- 
beers  fitt  for  nothing  but  tinder;  6  sheetes,  Hi.  16s.;  5  old 
sheetes,  15s.;  1  Table  Cloth,  1  Bolster  Cloth,  10s.;  a  small 
parsell  of  table  Lining  fitt  for  tinder;  1  old  Chest  made  of 
pine,  5s.;  1  old  wainscott  Chest,  7s.;  1  frame  Table,  12s.; 
5  Joynt  stooles.  Hi.  7s.  6d.;  1  Brass  Kettle,  Hi.  5s.;  1  Iron 
pott,  15s.;    1  old  Iron  pott  and  pott  Hooks,  8s.;    2  old  Iron 

JSeal.  §Autograph. 


1675]  RECORDS    AND    FILES  57 

Ruth  White,  administratrix  of  the  estate  of  Thomas  White, 
deceased,  made  oath  that  all  the  debts  were  paid,  and  was 
discharged.* 

The  administrators  of  Samuell  Leach  have  made  their  return 
of  the  sale  of  the  house  and  land  as  far  as  it  will  go  to  pay  the 
creditors. 

Hen.  Roades  was  allowed  costs  in  an  action  brought  by 
Joseph  Armitage  who  did  not  prosecute. f 

Skilletts,  5s.;  1  pessell  &  morter,  5s.;  1  pare  of  old  Scales, 
2s.;  1-2  a  dussan  of  puter  Dishes,  16s.;  2  old  puter  platters 
&  2  old  plaits,  4s.;  2  old  puter  Candle  sticks,  3s.;  2  old  Candle- 
sticks, 2s.;  1  quart,  1  wine  quart,  1  wine  pinte,  1-2  pinte, 
1  nogin,  6s. ;  a  parcell  of  old  puter,  9s. ;  1  Trambell,  3s. ;  1  old 
friing  pann,  1  old  pare  of  Tongs  &  an  old  Shouell,  3s.;  total, 
171i.  3s. 

*Account  of  payments  made  by  Ruth  Whitt,  administra- 
trix: to  Capt.  Goarge  Corwinn,  71i.  10s.  lOd.;  to  Capten 
Lothoerup,  4U.  15s.  4d.;  Jonathan  Wade,  91i.  8s.  11  l-2d.; 
Mr.  John  Rucke,  21i.  16s.  6d.;  Mrs.  Elizabeth  Newman, 
41i.  7s.  4d.;  Mr.  John  Gidny,  sr.,  41i.  Is.  2d.;  WiUam  Story, 
31i.  6s.  8d.;  Decon  Goodhew,  21i.  13s.  4d.;  Ezekell  Woodward, 
71i.  12s.  8d.;  Insigne  Gold,  31i.  6s.  8d.;  Richard  Hutten,  81i.; 
Zebulon  Hill,  2H.;  John  Denice,  15s.  8d.;  Daniell  Kilham, 
Us.  4d.;  Thomas  Ives,  4s.  lOd.;  Goodman  Goldsmith,  Hi.; 
Thomas  Fisk,  Hi.;  Andrew  Petter,  14s.  8d.;  Insigne  Corning, 
4s.  8d.;  four  swine  lost  out  of  ye  estatt,  21i.;  one  load  of  hay 
from  Chebako,  Hi.;  An  horss  Lost  out  of  ye  estat  prised  at 
41i. ;  for  driving  swine  to  decon  goodhus,  4s. ;  to  Robertt  perce 
of  Ipswich,  Hi.  14s.;  taken  by  marshal  Scerj^,  10s.;  Thomas 
Rix,  4s.  8d.;   taken  by  Jno.  West,  19H.;   total,  731i.  16s.  7  l-2d. 

fHenery  Rhodes'^  petition:  that  he  had  been  greatly  dam- 
aged by  Joseph  Armitage  of  Lynn  by  unjust  molestation  and 
suits  at  law  for  three  or  four  years,  and  upon  complaint  to  the 
grand  jury  together  with  Capt.  Savage,  said  Armitage  was 
presented  as  a  common  barrator  and  it  was  accepted  by  the 
court.  He  still  pursued  the  same  course  and  now  sued  him 
about  the  same  piece  of  land  which  said  Roads  had  owned 
for  fifteen  or  sixteen  years,  formerly  Capt.  Bridges',  to  which 
Armitage  pretends  title  from  Mr.  Giffords.  This  molestation 
has  been  to  "much  spending  of  my  spirrits,  &  hee  is  a  man 
that  hath  sd  hee  is  not  of  estate  worth  five  pounds  &  I  know 
not  any  estate  of  his  worth  one  pound,"  etc. 

Bill  of  cost,  18s.  6d. 

lAutograph. 


58  SALEM    QUARTERLY    COURT  [July 

Mr.  John  Blackleech  being  attached  to  this  court  by  Nicho- 
las Manning  and  not  prosecuting,  said  Blackleech  was  allowed 
costs.* 

John  Mastone,  constable  of  Salem,  brought  in  a  bill  of  8s.  for 
carrying  a  malefactor  to  Boston  goal  upon  suspicion  of  murder. f 

The  will|  and  inventory  of  Thomas  Coledum  were  proved 
and  allowed. 

*Bill  of  cost  of  John  Blackleach,  "to  3  dayes  in  my  Comming 
from  hartford  and  Retorning  againe  that  being  the  place  of 
my  habbitation,"  16s. 

fFor  poting  willam  Solar  and  gorg  nortes  Man  in  to  prison 
and  Caring  them  to  befarly,  3s.;  going  post  to  Maruellhed, 
2s. ;  Caring  of  A  Imbargo  to  befarly,  Is. ;  Caring  on  of  y''  Men 
to  len  that  did  belong  to  that  Comperny  that  brought 
ye  shep  in  to  porcataye  that  wos  sesed  A  pon  by  the  Con- 
try,  2s. 

JWill  of  Thomas  (his  mark)  Couldum  of  Lynn,  aged  about 
eighty-six  3^ears,  dated  Mar.  14,  1674-5,  and  proved  by  An- 
drew Mansfeild  and  Joseph  Roads:  "I  bequeath  to  my  wife 
Joannah  Couldam,  all  my  planting  ground  in  the  Township 
of  Linn  afforesd  Containing  in  estimation  about  twenty  foure 
acres  (viz)  twelue  acres  of  it  in  estimation  being  my  house 
Lott  bee  it  more,  or  Lesse:  &  the  rest  of  it,  with  mowing  ground 
ajoyning  to  it,  being  Called  by  the  name  of  Turkye  Feild  the 
whole  Containing  in  estimation  foareteen  acres,  &  an  halfe, 
bee  it  more,  or  Lesse  &  is  bounded  with  the  Lands  of  Richard 
Moore  &  Joseph  Mansfeild:  And  alsoe  the  use  of  all  my 
houseing,  and  alsoe  all  my  medow  ground  (viz)  five  acres  of 
salt  marsh  ground  Lyeing  in  Rumnye  marsh,  betwixt  Ed- 
ward Bakers  marsh,  &  the  marsh  of  Richard  Haven  Alsoe 
two  acres  of  salt  marsh  in  Rumnye  marsh  Lyeing  betwixt  the 
marsh  of  M''  whiteing,  &  the  marsh  of  Andrew  Mansfeild  & 
two  acres  of  salt  marsh  Lyeing  in  the  Marsh  beefore  the  Towne 
Lyeing  by  the  Marsh  of  Moses  Chadwell  (viz)  dureing  her 
naturall  life,  not  Crossing  a  Couenant,  or  agreement  made 
betwixt  my  selfe,  &  my  grandchild  Samuell  Simonds,  touch- 
ing my  Considering,  or  a  Loweing  him,  for  his  manageing  my 
affaires. 

"I  give  vnto  my  wife  Joannah  the  one  half  of  all  my  Liveing 
stocke  both  in  Neat  cattle,  horse  kind,  sheep,  swine  &c. :  & 
halfe  the  increase  of  them,  &  halfe  the  produce  of  the  whole 
Liueing  accordinge  to  the  affore  hinted  Covenant,  or  agreem* 
with  the  Afore  sd  Samuell  Simonds,  as  her  owne  proper  right 
&  interest.     If:  I  give  unto  my  wife  Joannah,  all  my  moueable 


1675]  RECORDS    AND    FILES  59 

The  will*  of  Hen.  Lea  was  proved. 

estate  both  within  dores,  &  without  dores,  to  bee  at  her  free 
dispose.  It:  I  give  vnto  my  son  Clement  Couldum  his  heires 
&  assignes  for  ever  one  halfe  of  all  my  Lands  houseing,  & 
medow  as  his  own  proper  right,  &  interest  forever,  with  all 
Comon  Liberty  and  previlidges  belonging  thereunto  with 
halfe  the  orchard 

"I  giue  vnto  my  sonn  Clement  Couldum  (after  my  owne, 
&  my  wifes  deseace  my  bed  that  I  Lye  uppon,  with  all  the 
Appurtenances  belonging  there  vnto,  my  great  chist  alsoe 
with  my  Cubberd,  Iron  pott  &  Iron  kettle,)  notwithstand  my 
guift  of  my  moveables  vnto  my  wife  which  is  expressed  as 
to  her  in  generall  Tearmes  as  abouesd.  It.  I  herby  Con- 
firme  vnto  my  Grandchild  Sam^^  Simonds  to  him  his  heires, 
&  assignes  forever  as  his  owne  proper  right  &  interest.  And 
that  vppon  Consideration  of  his  Agreem*  with  us  to  manage 
&  Carrye  on  all  o''  buisinesses  according  to  the  sd  agreem* 
That  hee  the  sd  Sam^'  Simonds  shall  have  &  enjoye  to  him, 
his  heires  &  assignes  for  ever  one  halfe  of  all  my  houseing 
Lands  medowes  &  marsh  ground  &  halfe  the  orchard  as  aboue 
exp''st,  w*''  all  Comons,  Libertyes  &  p^'vilidges  (viz)  after  my 
owne  &  wife's  desease  It:  I  make  choyce  of  my  Loueing  wife 
&  my  Loueing  Brother  &  Freind  M'^  Henrye  Rhodes  Joynt 
executo".  Last  I  desire  my  Loueing  Friend  Andrew  Mans- 
feild  &  John  Newhall  senio'"  to  bee  overseers  of  this  my  will." 
Wit:   Samuell  Rodesf  and  Joseph  Rhodes. f 

Inventory  of  the  estate  of  Thomas  Couldum  of  Lynn, 
who  died  Apr.  8,  1675,  appraised  by  Francis  Burrillf  and 
Nathaniell  Handforth:  wearing  apparrill,  Lyning,  woolen, 
stockins,  shoos,  hats,  5H.  7s.;  Bedding,  61i.  18s.;  Beddiiig, 
Hi.  6s.;  Bedding  given  to  Clemond  Coldum  according  to  will, 
51i.   10s.;    Lyning,  61i.  8s.;    Brasse  &  puter,   IH.;    2  Iron  pots, 

1  Iron  Ketle,  a  ringer,  wedges,  hake,  hookes,  tooles,  41i.  8s.; 

2  Cheere  Tables,  Couberd,  fermes  &  Chest,  IK.  15s.;  Armes 
&  Amunition,  Ih.  15s.;  16  sheepe  &  7  Lambs,  91i.;  English 
&  Indian  Corne,  41i.  2s.  6d.;  flax.  Hemp,  wool  &  yarne. 
Hi.  16s.;  Boards  &  shingles,  Hi.  8s.;  Uncut  cloath,  Ih.  4s.; 
monyes,  8H.  6s.;  Lumber,  wheeles  &  Barrills,  31i.;  Porke,  Hi.; 
Neate  Catle,  361i.  5s.;  Horse  kinde,  51i.  10s.;  Swine,  12s.; 
Houseing,  271i.  10s.;  Upland  &  medow  ground,  17511.;  carts, 
plow,  Grindlestone  &  Haye,  31i.  14s.;  A  sadle  &  pillion,  Hi. 
5s.;    total,  31311.  19s.  6d. 

*Will  of  Henry  (his  mark)  Lea  of  Manchester,  dated  Feb. 
12,  1674,  and  proved  by  William  Benent  and  Samuell  Freind: 

fAutograph. 


60  SALEM    QUARTERLY    COURT  [July 

Worshipful  Major  William  Hathorne  made  return  of  the 
disposal  of  the  money  received  from  the  sale  of  Thomas  Robins, 
the  Indian. 

Fined  by  the  Worshipful  Major  Wm.  Hathorne: 

On  20  :  5  :  1674,  John  Norton,  for  striking  up  Ruben's 
heels. 

John  Bennet  and  Nath.  Pease,  for  affronting  the  constable  in 
gathering  the  minister's  rate. 

On  17  :  9  :  1674,  Owen  Henly,  for  swearing  more  than  once 
and  being  in  drink. 

Hen.  Colbourne,  for  excess  in  drinking  and  for  abusing  Mr. 
Batter. 

On  21  :  11  :  1674,  Jon.  Waldron,  for  being  drunk  and  abusing 
the  constable. 

John  Shaw,  for  being  drunk. 

John  Plum,  for  abusing  the  constable's  deputy. 

Tho.  Allexander,  for  not  assisting  the  constable. 

John  and  Jonathan  Verry,  for  not  assisting  the  constable. 

John  Martin,  for  swearing. 

"I  giue  &  bequeth  to  my  well  beloued  wife  Marey  Lea  my 
wholle  estate  personalle  &  reall,  my  depts  being  payed  y^ 
estate  is  lift  to  her  w*  is  remayning  except  som  small  Legeacyes 
y*  I  giue  to  my  chillderen,  to  my  son  John  Lea  I  giue  twenty 
shillens,  to  my  other  too  sonns  Samuell  &  Thomas  Lea  I  giue 
ten  shillens  apeace  to  each  of  them  &  to  my  too  daughters 
Hanah  &  Sarah  Lea  too  each  of  them  I  giue  &  bequeth  ten 
shillings  a  peace  and  for  y^  p''formenc  hereof  I  haue  made  & 
doe  apoynt  my  wife  meary  Lea  afore  saide  excecuetor  &  my 
well  beloued  friends  Thomas  Jones  &  willam  Benet  as  ouer 
sears  to  assist  her  in  any  busnes  as  she  shall  desire  of  them 
consirning  the  said  estate."  Wit:  Samuell  Freind*,  and 
Aron  (his  mark)  Bennet. 

Inventory  of  the  estate  of  Henery  Lea,  taken  Mar,  29, 
1675,  by  John  West*  and  Willam  Bennet:*  hows  &  land  with 
priveledges  there  unto  belonging,  lOOli.;  Cattell  &  Swine, 
241i.;  Bedding  w*''  other  howshold  Goods,  201i.;  total,  14411. 
Debts  to  be  paid,  281i. 

Writ:  Nicholas  Manning  v.  Mr.  John  Blackleech,  mariner, 
and  Mr.  Richard  Lord,  merchant;  for  selling  and  delivering 
an  anvil  to  plaintiff,  which  anvil  was  claimed  by  Gervis  Salter, 
who  recovered  by  law;  dated  June  23,  1675;  signed  by  Hilliard 

*  Autograph. 


1675]  RECORDS    AND    FILES  61 

Veren,*  for  the  court;  and  served  by  Returne  Waite,*  deputy- 
marshal  of  Suffolk,     Bond  of  John  Blackleach.* 

Writ:  John  Tod  v.  Thomas  Kimball;  debt,  for  not  per- 
forming an  award  made  and  given  by  Capt.  Samuell  Broekle- 
bank,  Daniell  Wicom  and  Jonathan  Platts;  dated  May  17, 
1675;  signed  by  Robert  Lord,*  for  the  court;  and  served  by 
Robert  Lord,*  marshal  of  Ipswich. 

Writ:  Alice  Thomas,  widow  v.  Samuell  Norden;  debt,  for 
the  rent  of  a  house  and  land,  according  to  an  agreement  dated 
Dec.  4,  1673;  dated  May  31,  1675;  signed  by  Jonathan 
Negus,*  for  the  court;  and  served  by  Returne  Waite,*  deputy 
marshal   of   Suffolk.     Bond   of   Samuell   Norden.* 

Writ:  Richard  Norman  v.  Hellin  Chard;  debt;  dated 
Mar.  29,  1675;  signed  by  Hilliard  Veren,*  for  the  court;  and 
served  by  John  Clifford,*  constable  of  Salem.  Robert  Bray 
bound  for  said  Chard. 

Writ:  Mr.  Wilham  Browne,  jr.  v.  James  White  of  Ipswich; 
debt;  signed  by  Hilliard  Veren,*  for  the  court;  and  served 
by  Robert  Lord,*  marshal  of  Ipswich. 

Writ:  Mr.  William  Brown,  sr.  v.  Thomas  Russell  of  Charles- 
town  and  John  Dafforne  of  Boston;  forfeiture  of  a  bond, 
dated  June  16,  1674,  in  which  they  were  all  bound;  dated 
Apr.  30,  1675;  signed  by  Jonath.  Negus,*  for  the  court;  and 
served  by  Returne  Waite,*  marshal's  deputy.  Bond  of  John 
Dafforne.* 

Writ:  Thomas  Hale,  jr.  v.  Edward  Smith  of  Exeter;  debt; 
for  pine  boards  to  be  delivered  at  Boston;  dated  May  17, 
1675;  signed  by  Anthony  Somerby,*  for  the  court;  and  served 
by  Moses  Oilman,*  constable  of  Exeter,  by  attachment  of  a 
pair  of  logging  wheels  of  defendant's.  Bond  of  Edw.  Smith,* 
Thomas  Rawlings,  surety. 

Writ:  Mr.  Philip  Nellson  v.  John  Willcote  and  Thomas 
Thurley;  for  not  finishing  a  house  and  barn  according  to  agree- 
ment made  Oct.  16,  1667;  dated  Apr.  24,  1675;  signed  by 
Tho.  Leaver,*  for  the  court;  and  served  by  Robert  Lord,* 
marshal  of  Ipswich,  by  attachment  of  land  of  Thomas  Thurla. 

Bill  of  presentments,  dated  July  20,  1675,  signed  by  Nathen. 
Puttnam,*  in  the  name  of  the  rest: 

Bartholemew  Foster  of  Gloster,  for  breach  of  the  Sabboth 
in  going  with  his  boat  loaded  from  the  head  of  Little  river. 
Wit:   Thomas  Loufkin  and  Richard  Dicke. 

The  town  of  Ipswich,  for  not  making  the  highway  sufficient 
between  Oloster  and  Ipswich,  especially  over  Chebaco  river. 
Dismissed,  the  way  being  mended. 

Samuell  Elwell,  for  profaning  the  Sabboth  day  in  going 
through  the  gut  with  his  boat.     Presented  by  Robert  Elwell, 

*Autograph. 


62  SALEM    QUARTERLY    COURT  [July 

Robert  Hooper,  for  swearing  twice. 

On  26  :  1  :  1675,  Tho.  Jives  and  Abra.  Stery,  for  striking. 

On  16  :  2  :  1675,  Anthony  Wood,  for  breach  of  the  peace. 


William  Vinson,  sr.,  James  Stevens,  Steven  Glover  and  Thomas 
Riggs.     Wit:   James  Stevens  and  Hannah  Solter. 

John  Heibard  and  Moses  Morgan  of  Beverly,  for  drunken- 
ness.    Wit:   John  Bollsh,  Joseph  Bollsh  and  Thomas  Parler. 

Nickles  Pickett  and  wife  Damores,  of  Marblehead,  for 
fornication  before  marriage. 

Ehsabeth  Poor,  of  Marblehead,  for  letting  the  Indians  have 
liquors  until  they  were  drunk.  Wit:  Natheenel  Wallton, 
Nicholas  Willis  and  Edward  Homan,  John  Lattony  and  Adam 
Clarke. 

John  Legrove  and  wife  Dinah  of  Salem,  for  fornication  be- 
fore marriage. 

John  Baker  and  wife  Jonne,  of  Salem,  for  fornication  before 
marriage. 

Walter  Mungie,  Mr.  William  Bowdidge,  Richard  Robards 
and  John  Lambord,  sr.,  for  living  from  their  wives. 

The  town  of  Beverly,  for  a  defective  highway  between 
WiUiam  Dixey  and  Richard  Stackhouse.  Wit:  Henery  Her- 
rick. 

The  town  of  Beverly,  for  having  a  defective  pound.  Wit: 
William  Benett. 

Arter  Cartter,  of  Marblehead,  for  selling  cider  by  the  quart 
without  a  license  and  for  presumptuous  words  against  authori- 
ty.    Wit:    Rouland  Ransbery. 

Oen  Hande  of  Marblehead,  for  selling  cider  by  the  quart 
without  license.  Wit:  Thomas  Very,  Richard  Stace  and 
Rouland  Ransbery. 

The  town  of  Topsfeild,  for  a  defective  highway  between 
Salem  bounds  and  Topsfeilde  bridge.  Wit:  Natheinnel  Putt- 
nam  and  James  Moltten,  jr. 

Calebath,  John  Porter,  sr.'s  servant,  for  fornication. 

Mary  Read,  who  lived  with  Capt.  Joseph  Gardener,  for 
fornication. 

Thomas  Page  and  wife  Mary,  for  fornication  before  mar- 
riage.    He  could  not  be  found. 

Thomas  Rix,  Wm.  Cortice,  Mathew  Price,  Peter  Chevoures, 
Steven  Haskett,  James  Rowland,  Jno.  Crumwell,  Jno.  Launder, 
Wm.  Reves,  Jos.  Allen,  Jno.  Baker  and  John  Maskall,  ap- 
pointed a  jury  of  inquest  upon  a  child  named  Thomas  Ager, 
who  was  drowned  on  May  23,  1675,  returned  that^  he  was 
accidently  drowned  by  falling  from  a  wharf,  upon  informa- 
tion of  Mathew  Price  and  others. 


1675]  RECORDS    AND    FILES  63 

Edward  Wolland,  for  being  distempered  in  drink. 

On  30  :  6  :  1675,  Tho.  Leonard  and  John  Alley,  for  fighting.* 

George   Darling,   for   selling   beer   at   2d.    a   quart   without 

license. t 

Thomas  Male,  for  working  on  a  public  fast  day  openly  in 
his  shop,  was  fined  or  to  be  whipped. J 

Hen.  Skerry,  marshal,  was  allowed  costs  for  going  to  Chems- 
ford  and  attaching  Mary  Read. 

Allowed  28s.  in  money  to  be  disposed  of  by  Capt.  Gardner 
to  the  servants  of  his  house,  and  also  2s.  to  the  servant  of  the 
house  where  the  Deputy  Governor  lodges. 

William  Carter  acknowledged  judgment,  3:9:  1675,  to 
Capt.  John  Corwin  before  the  Worshipful  Major  Generall 
Daniel  Denison  and  Major  Wm.  Hathorn. 

Court  held  at  Ipswich,  Sept.  28,  1675 

Judges:  Samuell  Symonds,  Dep.  Gov.,  Major  Genii.  Deni- 
son and  Major  Wm.  Hathorne. 

Grand  jury:  Decon  Goodhue,  John  Dane,  Sergt.  Perkins, 
Robert  Kinsman,  Aron  Pengry,  Corpll.  Tho.  Clarke,  Wm. 
Ilsly,  Mr.  Tho.  Noyes,  James  Barker,  Leonard  Haryman, 
John  Pabody,  John  Barker,  John  Tenny  and  Rich.  Bartlett. 

Jury  of  trials:  Capt.  Jo.  Appleton,  Cornet  Jo.  Whipple, 
Sergt.  Tho.  Waite,  John  Wainwright,  Nath.  Tredwell,  Mr. 
Henry  Sewall,  John  Emry,  Sam.  Platts,  Jonath.  Platts,  Abell 
Langly  and  John  Commings. 

Inventory  of  the  estate  of  Thomas  Scott,  of  Ipswich,  ap- 
praised, Sept.  20,  1675,  by  John  Appleton  and  William  Good- 
hue, houses,  land,  wampum,  etc.,  18311.  12s.  8d.  [Original  on 
file  in  the  Registry  of  Probate.] 

Inventory  of  the  estate  of  Jonathan  Gage,  taken  Mar.  22, 
1674-5,  returned  by  Hester,  the  widow,  amounting  to  11411. 
9s.  2d.     [Original  on  file  in  the  Registry  of  Probate.] 

*Lynn  presentment.  Wit:  Samuell  Mansfeild  and  Nathen 
Ballard. 

fMarblehead  presentment.  Wit:  Richard  Norman  and 
Richard  Knott. 

JSalem  presentment.  For  working  on  June  29,  a  public 
fast  day.     Wit:    Mrs.  Mary  Puttnam  and  Daniel  Rea. 


64  IPSWICH    QUARTERLY    COURT  [Sept. 

Administration  upon  the  estate  of  Samuell  Cogswell  was 
granted,  Aug.  26,  1675,  to  John  Coggswell,  his  brother,  who 
was  ordered  to  bring  in  an  inventory  to  the  next  Ipswich 
court. 

Rich.  Shatswell  v.  Ralph  Hall.  Debt.  For  4,000  feet  of 
merchantable  pine  boards.     Verdict  for  plaintiff.* 

Capt.  Gerish  and  John  Knight,  in  behalf  of  the  town  of 
Newbury  v.  Mr.  Richard  Dummer.  For  fencing.  Verdict  for 
defendant.! 

*Bond,  dated  Aug.  24,  1672,  given  by  Ralph  HallJ  of  Exitor 
to  Richard  Shatswell  of  Ipswich,  for  4,000  pine  boards  and 
350  feet  of  oak  plank,  two  inches  thick,  eighteen  inches  wide 
and  twenty-seven  feet  long  at  least,  in  consideration  of  two 
oxen  he  bought  of  said  Shatswell.     Wit:    Robert  Lord,  jr.| 

fWrit:  Capt.  Will.  Gerrish  and  John  Knight,  sr.,  in  behalf 
of  the  town  of  Newbury  v.  Mr.  Richard  Dumer,  sr;  for  fencing 
in  the  town's  common  adjoining  Easson's  river  near  Rowly 
line  near  Rowly  mill;  dated  Sept.  22,  1675;  signed  by  An- 
thony Somerby,t  for  the  court;  and  served  by  Joseph  Pike,t 
constable  of  Newbery,  by  attachment  of  land  of  defendant 
at  the  easterly  end  of  Dumer's  marsh,  eastward  from  his 
dwelling  house,  where  he  ordinarily  resides  and  on  the  south 
side  of  the  river  which  runs  up  to  the  Falls. 

Copy  of  what  Mr.  Dumer,  sr.,  gave  into  the  selectmen, 
Sept.  15,  1675;  "I  doe  by  this  writing  signify  to  you  that  you 
shall  not  need  to  sue  for  any  of  that  Land  I  haue  fenced  at 
Rowly  mill  that  is  in  question  or  difference  I  shall  for  peace 
sake  rather  yeild  it  to  the  Towne  and  use  some  other  meanes 
to  recouer  my  right  which  is  about  twenty  acres  more  than 
is  fenced.     Copy  made  by  Anthony  Somerby.| 

Copy  from  the  town  book  of  Newbury,  made  by  Anthony 
Somerby:|  "At  a  meeting  of  the  Towne  March  18,  1673-4. 
It  was  voted  &  there  was  Chosen  Richard  Dole  John  Knight, 
sr.  &  Tho.  Hale,  Ju"-  to  lay  out  to  M^  Dumer  all  his  Just  De- 
mands according  to  his  Grants  and  to  receiue  for  the  Townes 
use  the  land  that  is  ouerplus,  &  to  make  sale  of  that  parcell 
of  land  that  lyes  on  the  south  east  corner  of  m""  dumers  farme 
ioyneing  to  the  Riuer  neere  Rowly  Mill,  and  to  sell  the  said 
parcell  of  land  for  the  best  aduantage  of  the  Towne,  the  said 
three  men  agreeing  about  it,  and  the  said  price  of  the  Land 
to  be  Imployed  for  the  building  of  the  ministry  house." 

"At  a  Generall  meeting  of  the  Towne  June  5,  1673.  That 
whereas   M^   Dumer   complaines   that   he   wants   measure   in 

{Autograph. 


1675]  RECORDS    AND    FILES  65 

his  seuerall  (Trants  of  Lands  that  was  granted  to  him  by  the 
Towne.  It  was  voted  that  all  M''  Dumers  Grants  should  be 
measured  by  an  equall  charg  between  the  Towne  &  m"^  Dumer 
And  the  Towne  doth  engage  to  make  good  his  seuerall  Grants 
both  upland  &  meadow  And  m""  Dumer  doth  engage  that 
the  Towne  shall  haue  the  rest  of  the  land  that  is  aboue  his 
measure  to  be  returned  to  the  Townes  use  And  the  Lott  layers 
&  Leiut  woodman  &  John  knight  sen""  was  chosen  mutually  to 
see  the  said  Land  measured  &  done  according  to  the  said  vote." 

Mr.  Dumer's  bill  of  cost,  lU.  Ls.  2d. 

"At  a  Generall  meeting  off  the  Towne  July  5*-^  1673.  It 
was  Ordered  that  Cap'  Gerrish,  Ric^  Dole  &  Jn"  Knight  Sen"" 
was  desired  &  apointed  to  prosecute  against  Robert  Adams 
at  Ipswich  Court  or  any  other  person  or  persons  that  have 
enclosed  the  Towns  Comons  to  take  out  attachment  &  sum- 
ons  &  records  for  the  profe  of  w*''  they  have  enclosed  the 
foresayd  three  or  any  two  of  them." 

Deed,  dated  July  7,  1674,  given  by  Richard  Dumer,  sr.,* 
in  consideration  of  the  natural  affection  for  his  children,  to 
Shubal  Dumer  of  Yorke  and  William  Dumer  now  of  Boston, 
all  his  lands,  meadows  and  pastures  in  Newbury,  except  the 
lands  and  tenements  already  given  to  his  son  Richard  Dumer; 
said  land  M'as  to  be  divided  from  the  turn  of  the  river  on  the 
southeast  of  Steward's  house,  taking  Steward's  house  into 
the  lower  end,  and  coming  along  northerly  to  the  country 
highway  on  the  lower  side  of  it  until  it  comes  to  Mr.  Sewal's 
farm,  "only  unto  the  upper  part  of  this  division  I  appoint 
that  necke  or  part  of  marsh  in  the  point  that  wee  usually 
did  fence  of,  with  thre  or  foure  rod  of  fence  being  encompassed 
elswhere  with  the  Riuer  &  a  Creeke;  and  I  doe  grant  to  my 
son  shubel  to  haue  his  choice  of  either  of  these  diuisions  accord- 
ing as  is  aboue  exprest.  If  either  of  the  two  sons  died  without 
issue  or  his  son  William  died  in  his  non-age,  the  lands  were  to 
be  equall}^  divided  among  the  surviving  brothers  or  their 
heirs;  his  wife  was  to  enjoy  her  thirds  during  her  or  their 
lives,  and  his  son  William  was  not  to  dispose  of  the  land  con- 
vej'ed  to  him  during  his  non-age,  but  he  should  allow  testator's 
wife  to  have  it,  and  after  he  became  of  age,  he  was  to  pay  his 
mother  her  third  part  of  the  produce,  as  also  was  his  son 
Shubel.  Wit:  Anthony  Morse,  sr.j  and  Jere.  Dumer. t 
Acknowledged,  July  9,  1674,  before  Daniel  Denison.  Re- 
corded, Sept.  23,  1675,  among  the  records  of  lands  for  Essex 
at  Ipswich,  by  Robert  Lord,t  recorder. 

Deed,  dated  July  7,  1674,  given  by  Richard  Dumer,  sr.§ 
to  his  sons  Mr.  Shuball  Dumer  and  William  Dumer,  all  lands 
mentioned  in  the  foregoing  convej-^ance,  except  land  alread}' 

*  Autograph  and  seal.  t  Autograph. 


66  IPSWICH    QUARTERLY    COURT  [Sept. 

Samuell  Peppen  v.  Joseph  Weeden.     Withdrawn. 

Ens.  Thomas  Chandler  v.  Mr.  Anthony  Ashby  and  Abigail, 
his  wife,  administratrix  of  the  estate  of  John  Lambert,  de- 
ceased.    Non-payment  of  a  bond  of  2201i.     Nonsuited. 

Margaret  Bishop  and  Samuell  Bishop,  executors  of  the 
estate  of  Thomas  Bishop,  deceased  v.  Frances  Wainwright. 
Verdict  for  defendant.  Appealed  to  the  next  Court  of  Assist- 
ants. Samuell  Bishop  bound,  with  Mr.  Wm.  Cogswell  and 
Thomas  Bishop,  as  sureties.* 

given  to  his  son  Richard  Dumer,  etc.  Wit:  Samuell  Brockle- 
bankef  and  Jer.   Dumer. f 

Richard  Knight, f  lot  layer,  aged  about  seventy-three  years, 
deposed  that  this  land  in  controversy  near  Roily  mill  adjoin- 
ing Eston's  cellar  and  Mr.  Burner's  fence  next  the  line,  was 
Newbery  common  land,  because  deponent  left  it  common 
when  he  laid  out  Burner's  150  acres.     Sworn  in  court. 

Robt.  (his  mark)  Robinson  deposed  that  about  twelve  years 
since  he  came  to  Newbury  and  agreed  with  Mr.  Richard  Burner 
for  a  parcel  of  land  to  settle  upon,  which  adjoined  Eason's 
river  and  Rowly  bounds,  and  there  by  Bumer's  order,  de- 
ponent built,  cleared,  broke  up  and  fenced,  enjoying  it  eight 
years  as  said  Bumer's  tenant,  and  also  made  the  gate.  Sworn 
in  court. 

Jno.  Knight,  sr.,  deposed.     Sworn  in  court. 

John  Knight, t  Thomas  Hale,  jr.,t  and  Beniamen  Rolfe 
deposed.     Sworn  in  court. 

John  Knightf  deposed  that  Mr.  Bumer  tendered  Niclas 
Noys,  Baniell  Perc  and  himself  six  acres,  but  they  refused  it 
because  it  was  short  of  what  they  intended  and  what  the  town 
expected.     Sworn  in  court. 

Richard  Bole  and  Richard  Knight  deposed.     Sworn  in  court. 

Thomas  Heall,  jr.,  and  John  Emary,  jr.,  aged  about  forty- 
five  years,  deposed  that  they  measured  the  common  land  and 
found  evidences  of  an  old  fence  on  the  line  by  old  posts  and 
rails  and  many  post  holes,  etc.     Sworn  in  court. 

Bunckum  Steward  and  Benjamin  Goodrag  deposed  that 
being  desired  by  Mr.  Bumer,  on  Sept.  22,  1675  they  threw 
open  the  fence  that  enclosed  the  land,  etc.     Sworn  in  court. 

*Writ:  Margaret  Bishop  and  Samuell  Bishop,  executors  of 
the  estate  of  Thomas  Bishop,  deceased  v.  Mr.  Francis  Wain- 
wright; for  taking  away  a  parcel  of  fish  from  Richard  Downes' 
rock  at  the  lies  of  Sholes;  dated  Sept.  23,  1675;  signed  by 
Robert  Lord,t  for  the  court;    and  served  by  Robert  Lord,t 

t  Autograph. 


1675]  RECORDS    AND    FILKS  67 

marshal   of   Ipswich,   by  attachment   of   a  warehouse   of  de- 
fendant's. 

Samuell  Bishop's  bill  of  cost,  Hi.  19s.  6d. 

Execution,  dated  Aug.  16,  1675,  against  Richard  Downes, 
signed  by  Hilliard  Veren,*  cleric,  and  served  by  Henery  Skerry,* 
marshal  of  Salem. 

Richd.  Downs,  aged  forty  years,  deposed  that  on  June  9, 
he  delivered  to  John  Wainwright,  in  behalf  of  his  father, 
Francis  Wainwright,  all  the  fish  that  I  and  mj'-  boat's  crew  had 
caught  the  last  winter  voyage,  in  the  presence  of  Wm.  Weeks 
and  John  Russell,  in  consideration  of  provisions  and  salt,  etc. 
Sworn,  Sept.  25,  1675,  before  Peter  TvNdsden,*  commissioner. 

Richard  Downes  &  Co.'s  engagement  for  a  fishing  voyage, 
dated  Nov.  19,  1674:  Richard  Downe,  Gabrill  Grub,  William 
Pumery,  William  Vrin,  fishermen,  agreed  with  Francis  Wain- 
wright of  Ips witch,  for  20011.,  to  deliver  all  the  cod,  pollock 
and  haddock  with  all  the  train  oil  taken  between  this  date 
and  May  1,  1675,  to  said  Wainwright,  and  to  no  other  person. 

Wit:    Thomas  Burman,    jr.,*    Richard   (his   mark) and 

Simon  Wainwright.     Delivered  into  court  cancelled  Avith  the 
names  and  seals  pulled  off. 

John  Russell,  aged  about  thirty  years,  deposed  that  the 
fish  was  delivered  by  drawing  out  two  fishes  from  the  piles. 
Sworn,  26  :  7  :  1675,  at  Portsmouth,  before  Richard  Cutt,* 
commissioner. 

John  Numarch,  sr.,  aged  about  sixty  years,  deposed  that 
being  at  the  Isles  of  Shoals,  he  went  over  to  Hog  Island  with 
Samuell  Bishop  and  seeing  merchant  Wainwright  about  the 
piles  of  fish  on  June  25,  1675,  said  Bishop  told  him  not  to 
meddle  with  it,  etc.     Sworn  in  court. 

William  Weekes,  aged  about  forty-four  j^ears,  deposed. 
Sworn,  Sept.  25,  1675,  before  Peter  Twisden,*  commissioner. 

Robbert  Peirce,  aged  about  sixty-three  years,  deposed  that 
being  at  Star  Island  at  the  He  a  Sholes  in  the  house  of  James 
Waimoth,  etc.     Sworn  in  court. 

Richard  Welcombe,  constable  of  the  lies  of  Shoals,  deposed 
that  he  told  Bishop  that  the  fish  was  Wainwright's.  Sworn, 
Sept.  25,  1675,  before  Peter  Twisden,*  commissioner. 

Francis  Wainwright's  bill  of  cost,  Hi.  Is.  9d. 

Henery  Skerry,  sr.,  aged  about  sevent}^  years,  deposed  that 
being  at  the  house  of  Richard  Downes  with  an  execution  and 
the  woman  being  in  the  house,  he  demanded  what  was  done 
with  the  fish.  She  replied  that  the  god  of  the  Hand  had  it. 
"we  sayd  who  was  that  she  sayd  mr.  wane  write:  the  Gov- 
ernor of  y^  Hand  she  thought:  for  she  thought  he  had  allmost 
all  y'  fish  of  y*  Island."     Sworn  in  court. 

*Autograph. 


68  IPSWICH    QUARTERLY    COURT  [Sept. 

John  Cogswell  v.  Wm.  Cogswell.  Verdict  for  plaintiff. 
Appealed  to  the  next  Court  of  Assistants.  Mr.  Wm.  Cogswell 
bound,  with  Samuell  Bishop  and  Thomas  Bishop  as  sureties.* 

*Writ:  John  Coggswell,  son  and  heir  to  John  Coggswell, 
jr.,  and  administrator  of  the  estate  of  his  brother  Samuell 
Coggswell  V.  William  Coggswell,  one  of  the  executors  in  trust 
of  the  will  of  John  Coggswell,  jr.;  for  an  account  of  the  estate 
of  his  late  father  John  Coggswell,  jr.,  disposed  of  by  will, 
according  to  inventory;  dated  20:7:1675;  signed  by  Jo. 
Wayte,t  for  the  court;  and  served  by  Robert  Lord.t  marshal 
of  Ipswich,  by  attachment  of  cattle. 

John  Cogswel's  bill  of  cost,  Hi.  17s.  6d. 

Copy  of  the  Ipswich  court  record  of  Sept.  27,  1664,  and 
Aug.  26,  1675,  in  relation  to  this  case,  made  by  Robert  Lord,t 
cleric. 

William  Cogswell's  bill  of  cost,  15s.  4d. 

Copy  of  the  will  of  John  Cogswell,  jr.,  of  Ipswich,  dated 
Dec.  13,  1653,  made  by  Robert  Lord,t  cleric. 

Abraham  Wellmanj  and  Elizebeth  (her  mark)  Wellman 
of  Linn  acquitted  their  loving  brothers  John  and  Samuell 
Cogswell,  22  :  12  :  1672,  of  all  legacies  due  to  date.  Wit: 
Ishak  Wellmanf  and  Prissillah  (her  mark)  Downing. 

James  Coleman,  aged  about  thirty-three  years,  deposed  that 
he  lived  with  his  master  William  Cogswell  about  half  a  year 
before  John  Cogswell  came  to  live  there  and  "I  were  wth  my 
jyjster  J  5  yeares  prentice  &  covenaunted  servant,  and  boarded 
in  the  house  sometime  after  &  also  were  conversant  in  the 
house  till  John  Cogswell  were  21  yeares  of  age.  .  .  John  Cogs- 
well were  a  very  sickly  child  till  he  was  14  yeares  of  age  so 
that  my  mistress  was  very  tender  of  him  as  if  it  were  her  own 
child  and  required  more  care  and  attendance  than  an  other 
child  In  his  condition  &  my  Master  &  Mistress  tooke  all  the 
Care  &  paines  they  could  to  Instruct  him  and  Learn  him  to 
Read  in  that  time."     Sworn  in  court. 

Thomas  Clarke  deposed  that  he  was  present  when  his  father 
Cogswell  and  his  brother  Cogswell  brought  in  an  accoimt  to 
the  court  of  the  estate  of  John  Cogswell,  deceased,  and  by 
the  account  they  had  disbursed  a  considerable  sum  of  money 
more  than  the  estate,  which  the  honored  Deputy  Governor 
desired  the  executors  to  give  to  the  children,  using  this  argu- 
ment, that  they  were  fatherless  children,  and  they  did  .so. 
Later  Goodman  Lord  read  an  order  of  the  court,  discharging 
the  executors,  but  they  were  to  take  care  of  the  children  until 

tAutograph. 


1675]  RECORDS    AND    FILES  69 

they  chose  their  guardians  and  the  court  accepted  it.     The 
executors  were  also  to  return  the  land  to  the  children. 

Copy  of  the  inventory  of  the  estate  of  John  Cogswell,  jr., 
taken  25  :  7  :  1653,  by  John  Prockter  and  VVm.  Varnye:  one 
Red  Rugg,  Hi.  13s.  4d.;  red  cushens,  10s.;  curtaines  &  valents, 
41i.;  one  fether  bed  &  bolster  &  2  pillows,  41i.;  a  little  flock- 
bed,  2  old  blanketts  &  an  old  coverlid,  14s. ;  two  window  Cur- 
taines, 8s.;  one  carpet,  10s.;  two  paire  of  sheetes.  Hi.  6s.  8d.; 
one  paire  of  sheets,  10s.;  two  pr.  of  pillow  beeres,  15s.;  a 
diaper  table  cloth,  16s. ;  6  napkins.  Hi. ;  10  diaper  duble  clouts, 
10s.;  7  neckcloths,  16s.;  3  paire  of  hand  cuffs,  6s.;  4  head 
dressings,  8s.;  2  lace  croscloths,  5s.;  3  forehead  cloths,  6s.; 
a  shift  &  a  biggen,  old,  &  one  bed  and  stomeger  &  2  other 
clouts,  6s.;  a  swathe  and  pin  cushen,  4s.;  a  wastcoat  &  night 
hood,  Is.;  a  paire  of  white  gloves,  Is.;  paire  of  stockings,  4s. 
4d.;  a  childs  bearing  cloth,  21i.  4s.  8d.;  one  stuf  Gowne,  Hi. 
10s.;  one  black  gowne,  21i. ;  a  black  gowne,  15s.;  a  peti- 
coate,  Hi.  10s.;  a  wastcoate,  10s.;  a  peticoate,  Hi.  6s.  8d.; 
a  white  shute,  13s.  4d.;  4  aprens,  Hi.  10s.;  a  hatband  &  hat 
brush,  hood,  3s.;  dublet  &  paire  of  breeches.  Hi.  3s.  4d.;  clock, 
Hi.;  Lathers  for  stooles,  9s.;  3  corse  to  wells,  3s.;  6  corse  nap- 
kins, 4s.;  5  pewter  platters,  10s.;  a  pewter  flagon,  5s.;  3  old 
pewter  potts,  3  porengeers,  3s. ;  basson  &  spoone,  2s. ;  2  skim- 
ers  &  basting  ladle,  3s. ;  one  brase  skillet,  3s. ;  brase  candle- 
stick, 3s.;  2  tin  candlesticks,  Hi.  6d.;  one  pestle  &  morter,  3s.; 
warming  pan,  7s. ;  old  dublet  &  paire  of  stockings,  6s. ;  chamber 
pott,  2s.;  paire  of  bellows,  Is.;  two  paire  of  Andirons,  5s.; 
trunk,  10s. ;  chest,  10s. ;  little  trunk,  4s. ;  pillion,  5s. ;  3  sacks, 
10s.;  tumbrill,  12s.;  Blundivills  booke,  3s.  More  appraised 
John  Prockter  and  George  Gittens,  26  :  7  :  1653:  swine,  61i.; 
bridle,  saddle,  stirips  &  girts,  10s.;  Rugg,  Hi.  10s.;  two  Trayes, 
3s.  4d.;  one  stock  of  bees,  12s.;  halfe  a  swarme,  8s.;  paire  of 
pothooks,  2  chaires  &  a  hupe,  two  stooles,  one  baskett,  8s.  8d.; 
2  brushes,  one  baskitt,  one  cheesvate,  3s.  6d.;  one  leather 
Jacket,  3s.;  one  bottle,  a  saltseller,  an  houre  glas,  5s.  2d.; 
one  spit,  one  axe,  5s.  lOd. ;  one  bras  kittle.  Hi.  13s.  4d.;  one 
brass  kittle,  15s.;  a  booke,  Mr.  John  Collens  works,  4s.;  one 
sucking  bottle,  6d.;  one  bedstead  &  cord,  15s.;  one  rugg,  one 
bed,  bolster,  2  blankitts,  2li.  10s.;  one  Iron  pott,  one  Iron 
hanger,  8s.;  one  paire  of  pot  tramells,  2s.;  one  spade  &  7 
trayes,  8s.  6d.;  one  cheesepres,  3  spoones  &  drippin  pan,  5s.; 
one  churne,  2  sives,  4s.  6d.:  one  beere  barrell,  2  pondering 
tubbs,  4s.;  one  hogshead  &  firking,  2s.  6d.;  2  barrells,  one 
forke,  3s.  lOd.;  two  bettell  rings,  a  straining  dish  &  paile, 
2s.  lOd.;  3  wedges,  4  dishes,  3s.  2d.;  chaines,  one  plowshare, 
Hi.  6s.  6d.;  one  table,  6s.  8d.;  5  cowes,  251i. ;  one  bull  j^eare 
<fe   vantage,   21i.    10s.;    two  heifers,    lOli. ;    one  bull  2  yeare  & 


70  IPSWICH    QUARTERLY    COURT  [Sept. 

Jonathan  Woodman  v.   Bartholmew  Streton.     Withdrawn. 

Mr.  Richard  Dumer  v.  Saniuell  Watts.  Non-payment  of 
a  debt.  Defendant  acknowledged  judgment  to  plaintiff  in 
boards  and  money. 

Mr.  Edmond  Batter  v.  Benjamin  Chadwell.  Debt.  Ver- 
dict for  plaintiff.* 

vantage,  31i.;  one  bull,  61i.;  one  bull,  71i.;  one  holster,  one 
dublett.  Hi.  4d.;  4  henns,  4s.;  one  cart  &  wheeles  &  all  ye 
Irons  belonging,  21i.  10s. ;  one  chaine,  3  yoaks  with  Irons,  15s. ; 
one  cartrope,  5s. ;  one  paire  of  sheets,  8s. ;  one  pothanger,  one 
brase  skillet,  4s.  8d.;  a  cannoo,  8s.;  in  lace,  51i.;  17  yard 
lockroom,  lli.  2s.;  2  paire  of  shoes,  8s.;  his  apparell,  51i.; 
two  pr  old  bootes,  12s.;  hay  seed,  10s.;  a  currieres  knife,  4s.; 
21i.  of  threed,  6s.;  one  booke,  Is.  6d.;  one  chest,  6s.;  one  skil- 
lett,  one  chamber  pott,  one  poringer,  two  spoones,  5s.  6d.;  2 
paire  of  crose  garnetts  and  a  paire  of  Esses  for  dores,  6s.  6d. ; 
pillion  cloth,  6s.;  musket,  bandeleers,  15s.;  saddle,  6s.;  300 
of  board,  15s.;  gridiron,  Is.;  two  bowses,  141i.;  the  Lease 
of  the  Farme,  lOOli.;  total,  247H.  5s.  8d.  Owing  him:  Goody 
Winborne  of  Boston,  Hi.;  Mr.  Jeylit,  41i.  Is.;  Marke  Haines, 
30h.;  Mr.  Webb,  Ih.;  Henry  Mudles,  30h.;  debts  upon  his 
book,  281i.  3s.  4d.;  total,  941i.  4s.  4d.;  there  is  191i.  to  be  payd 
out  of  this  estate  to  AP  John  Cogswell  senr.,  for  a  child  com- 
mitted to  him. 

Copy  of  account  returned  to  court,  Sept.  27,  1664,  bj'  the 
executors:  Debts  pajd,  to  Mr.  Atkinson  of  Boston,  lOOli.; 
to  Mr.  John  Cogswell,  sr.,  for  the  charge  of  William  Tomson, 
confirmed  by  the  court,  191i.;  to  Thomas  Love  well  payd  in 
England,  131i.;  to  Mordecai  Larkum  gained  by  court,  31i. ; 
Deacon  Pengry,  lOs.  8d. ;  Twiford  West,  Is.  6d.;  George 
Hadly,  lOs.;  Goodman  Dutch,  3s.;  Samll.  Tailer,  2s.  6d.; 
Abraham  Foster,  lli.  3s. ;  Goodman  Broadstreet,  21i. ;  Goodman 
Andrews,  26.;  to  Mr.  Bartholmew,  21i.;  Mr.  Baker,  18s.; 
(jioodman  Scot,  18s.;  Mr.  Payne,  31i.  Is.  lOd.;  Goodman  Fos- 
ter, 3s.  3d.;  Mr.  Wade,  Hi.;  constable,  lli.  3s.;  charges  in 
paying  debts  at  Boston,  31i.  3s.  8d.;  Goodman  White,  3s.; 
Debts  payd  by  Sergt.  Belcher,  51i.  16s.  Id.;  Goodman  Archer, 
12s.;  bringing  up  of  Elizabeth  CogsAvell  9  years  at  lOli.  per 
An.,  901i.;  Bringing  up  of  Samll.  Cogswell  9  years  also,  901i.; 
bringing  up  of  John  Cogswell  10  years  at  lOli.  per  An,  lOOli.; 
Chargers  of  executor,  221i.;   total,  4601i.  12s. 

*Writ,  dated  Sept.  18,  1675,  signed  by  Hilliard  Veren,t  for 
the  court,  and  served  by  Henery  Skerry, f  marshal  of  Salem. 

tAutogi-aph. 


1675]  RECORDS    AND    FILES  71 

Administration  upon  the  estate  of  John  Godfry  was  granted 
to  Benjamin  Tompson.* 

Hugh  Atkinson,  sometime  of  Kendall  in  England,  dying 
intestate  at  sea,  court  granted  administration  of  his  estate  to 
Mr.  Joseph  Hills  of  Newbury,  who  was  ordered  to  bring  in  an 
inventor}^  to  the  next  Ipswich  court. 

Samuell  Steevens  of  Newbury  dying  intestate,  being  slain 
in  the  war,  court  granted  administration  of  his  estate  to  Wm. 
Titcombe,  and  an  inventory  was  presented,  which  was  or- 
dered perfected  before  the  next  September  court. 

Thomas  Maning  dying  intestate,  being  slain  in  the  war, 
court  granted  administration  upon  his  estate  to  his  brother 
Daniell  Maning,  and  an  inventory  was  left  in  court. 

Rich.  Kemball's  will  was  proved  and  an  inventory  left  in 
court. 

John  Frinke's  will  was  proved. 

Account  of  debt  due  Edmond  Batterf  from  Benjamin  Chad- 
well,  41i.  4s.  Id.,  on  23  :  5  :  1674.  Wit:  John  Gidney.f  Sworn, 
27  :  7  :  1675,  before  Wm.  Hathorne,t  assistant.  Since  that 
time,  3s.  8d.  for  41i.  tobacco  at  8d.,  per  pound  and  21i.  sugar. 
Batter  also  received  1  load  hay,  on  account,  Hi.  8s.  Whole 
amount  due,  21i.  19s.  9d. 

Mr.  Batter's  bill  of  cost,  Hi.  2s.  4d. 

Letter  of  attorney,  dated  Sept.  27,  1675,  given  by  Edmund 
Batter,t  to  Henry  Skery,  sr.,  for  the  action  against  Benjamin 
Chadwell  of  Lyn.  Wit:  Manaseth  Marstonef  and  Hilliard 
Veren,  sr.f 

*Peter  (his  mark)  Godfary,  aged  about  forty  years,  de- 
posed, Sept.  12,  1675,  that  John  Godferrj'  being  at  deponent's 
house  about  a  month  before  he  died,  "I  Asked  the  said  God- 
fary when  hee  would  Com  and  order  mattrs  conserning  his 
bills  or  bonds  hee  tould  mee  var5^  speedelly:  said  I  to  him  you 
may  dy  and  leave  youar  things  to  you  know  not  hoo:  to  which 
John  Godfary  Answered  as  for  Jams  Jakman  hee  shall  have 
his  bond  or  bill  upe  of  the  wheat  and  Indian  corn  for  I  have 
Resaued  full  sattisfaction  from  him  the  said  Jakman  and 
am  greatly  Ingeaged  to  him  therfor  no  person  shall  molest  or 
trubll  him  the  said  Jakman  or  his  wief  or  childarn  after  him." 

Mary  (her  mark)  Godfary,  aged  about  thirty-nine  3'^ears,  de- 
posed the  same.  Sworn,  Sept.  9,  1675,  before  Samuell  Sy- 
monds,  Dept.  Gov.,  and  copy  made  by  Robert  Lord,t  cleric. 

jAutograph. 


72  IPSWICH    QUARTERLY    COURT  [Sept. 

John  How,  constable  of  Topsfield,  was  fined  for  not  return- 
ing his  warrant  for  jurymen. 

Christopher  Ossgood,  complained  of  for  stopping  a  soldier 
who  was  "prest,"  was  bound  for  appearance,  with  Nathan 
Steevens  and  Samuell  Martin,  as  sureties. 

Mr.  Peeter  Duncan,  for  selling  a  pint  of  liquors  to  the 
Indians,  was  fined. 

James  King,  for  selling  a  pint  and  a  half  of  liquors  to  the 
Indians,  was  fined. 

Thomas  Dennis,  presented  for  oppression  in  his  trade,  the 
witness  not  being  in  town,  was  committed  to  the  next  court  in 
March.* 

John  Pickard,  complained  of  by  Mr.  Shepard,  was  fined 
and  bound  to  good  behavior.  John  Pickard  bound,  with 
Samuell  Platts  and  Jonathan  Platts  as  sureties. 

John  Baker,  presented  for  excessive  drinking,  was  bound  to 
good  behavior,  with  Tobiah  Perkins  and  Thomas  Bishop  as 
sureties. 

John  Browne,  presented  for  excessive  drinking  and  idle- 
ness, was  fined  and  bound  to  good  behavior. f 

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

Mr.  Rodes  was  allowed  costs  against  Joseph  Armitage.j 

Samuell  Hunt  having  obtained  judgment  against  Henry 
Bennett  and  John  Sparke  at  the  last  Salem  court  upon  the 
forfeiture  of  a  bond,  and  the  moderation  of  Avhieh  having  been 
referred  to  this  court,  it  was  ordered  that  said  Bennett  and 
Sparke  pay  said  Hunt  the  charges  of  the  suit;  also  to  pay 
for  forty-nine  weeks'  board  for  the  child  at  3s.  per  week,  and 
at  the  same  rate  for  the  time  to  come,  until  they  take  the 
child  away,  which  they  have  liberty  to  do  at  any  time. 

Arther  Abbott's  wife,  Benidict  Pulcipher's  wife,  Haniell 
Bosworth's   two    daughters,    Margrett    Lambert,  §    John    Kin- 

*For  a  chest  and  table  made  for  Steven  Crost. 

fJohn  Brown,  the  glazier,  presented  for  going  into  Samuel 
Mosses  house  and  stealing  cider  on  Sept.  22,  about  midnight. 
Wit:    Samuel  Moses  and  Georg  Crost's  man. 

JCopy  of  Hen.  Roads'  bill  of  cost. 

§Presented  for  ''going  in  a  genttel  garbe." 


1675]  RECORDS    AND    FILES  73 

drick's  wife,  Thomas  Knowlton's  wife  and  Obadiah  Bridges' 
wife,*  presented  for  wearing  a  silk  hood  and  scarf,  were  fined. 

Mary  Chapman,  presented  for  fornication,  was  fined. 

Roger  Darby  and  his  wife,  presented  for  not  coming  to 
the  public  meeting  on  the  Lord's  days,  was  fined. 

The  wife  of  Shoreb.  Willson  was  fined  upon  her  presentment, 
which  was  respitted  until  court  should  take  further  order. f 

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

John  Sparke  had  his  license  renewed  for  a  year. 

Deacon  Goodhue  had  his  license  renewed  for  a  year. 

Samuell  Bishop  had  his  license  renewed  for  a  year. 

Given  to  the  house,  6s.  8d. 

Thomas  Millet  dying  intestate,  court  granted  administra- 
tion of  the  estate  to  Mary  Millet,  the  relict. 

Court  held  at  Salem,  30  :  9  :  1675. 

Judges:  Samll.  Simonds,  Dep.  Gov.,  Maj.  Generall  Daniell 
Denison  and  Maj.   William  Hathorne. 

Grand  jury:  Mr.  Jon.  Ruck,  Eleazer  Gedney,  Job  Swiner- 
ton,  jr.,  Christo.  Babbadge,  Joseph  Phipeny,  sr.,  Jon.  Peach, 
sr.,  William  Dodge,  Hen.  Walker,  William  Benett,  Nathanll. 
Clearke,  Jon.  Bachelor,  John  Pease,  Walter  Fairefeild  and 
Nathaniell  Kertland. 

Jury  of  trials:  Thomas  Fisk,  Nathaniel  Beadle,  Elias  Mason, 
Isaack  Cooke,  Eleazer  Giles,  John  Legg,  Nehemiah  Grover, 
Robert  Potter,  Mat  hew  Farrington,  Thomas  Farr,  William 
Bassett  and  Frances  Nurse. 

Mr.  Jon.  Hathorne  of  Lin  was  chosen  a  juror  in  Fiske's 
case  and  at  the  adjournment,  Tho.  Jegles,  Jon.  Trask  and 
Edmond  Bridges. 

Mr.  John  Hathorne  and  Jon.  Marston,  being  summoned  to 

*Presented  "for  other  wayes  fashonable." 

t  Presented  for  wearing  a  silk  hood  and  scarf. 

Bill  of  presentments,  dated  Sept.  28.  1675,  and  signed  by 
William  Goodhue, +  in  the  name  of  the  rest: 

A  "neager  that  hath  no  husband  as  wee  know  of  that  liueth 
at  Mr.  Dols  &  her  name  is  Grace,"  for  having  a  child  since  the 
last  court. 

I  Autograph. 


74  SALEM    QUARTERLY    COURT  [NoV. 

serve  on  the  jury,  but  refusing  and  not  appearing,  were  fined. 

The  constable  of  Lyn  was  fined  for  not  making  a  legal 
return  of  the  jury. 

John  Legg  and  Eleazer  Giles  were  fined  for  not  serving  on 
the  jury. 

Mr.  Resolved  White  and  Abigaile,  his  wife,  executrix  of 
the  will  of  William  Lord,  deceased  v.  Nicholas  Manning. 
Debt.     Verdict  for  plaintiff.* 

*Writ,  dated  10  :  9  :  1675,  signed  by  Billiard  Veren,t  for 
the  court,  and  served  by  Henery  Skerry, f  marshal  of  Salem, 
by  attachment  of  the  land  and  marsh  next  the  Major's  or- 
chard and  the  shop  he  works  in  by  his  house. 

Receipt,  dated  Apr.  30,  1670,  given  by  Abigaile  (her  mark) 
Lord,  sr.,  of  Salem,  widow,  to  Mr.  Nicolas  Manning  of  Salem, 
gunsmith,  for  501i.,  in  money  and  specie,  for  pay  for  the  broad 
field.  AVit:  Abigaile  (her  mark)  Gray  and  Edw.  Norice.f 
Sworn  in  court. 

Bond,  dated,  Oct.  25,  1609,  given  by  Nicholas  Maningj  of 
Salem,  gunsmith,  to  William  Lord,  sr.,  of  Salem,  cutler,  for 
12311.,  twenty  pounds  per  annum,  to  be  paid  as  follows:  30s. 
in  money,  51i.  in  wood,  45s.  in  Indian  corn,  25s.  in  wheat,  20s. 
in  rye,  40s.  in  malt,  one  quarter  of  beef,  to  be  delivered  at 
said  Lord's  now^  dwelling  house,  in  part  payment  of  upland 
and  meadow  bought  of  said  Lord,  according  to  a  bill  of  sale 
dated  Dec.  16,  1668.     Wit:  Edw.  Noricef  and  Abraham  Read.f 

Receipt,  dated  June  12,  1673,  given  by  Abigal  (her  mark) 
Lord,  sr.,  of  Salem,  widow,  to  Mr.  Nicolas  Manning  of  Salem, 
gunsmith,  for  531i.,  in  payment  for  the  broad  field.  Wit: 
Samuell  WlUiamst  and  Edw.  Norice.t  Sworn,  22  :  9  :  1675, 
before  Wm.  Hathorne,t  assistant. 

Bill  of  cost.  Hi.  5s.  lOd. 

The  account  of  Mrs.  Abigal  Lord,  alias  White,  begun  June 
20,  1673:  June  26,  1673,  for  a  frame  of  a  wharfe,  21i.  lOs.; 
drawing  of  ye  wharf  in  place,  5s.;  3  men  one  day  about  y^ 
wharfe,  9s.;  2  men  one  day  putting  in  ye  keys,  4s.;  July  2, 
6  foote  of  wood,  6s.;  2  staples  for  doores,  8d.;  July  7,  a  qrtr. 
of  lambe,  3s.;  a  bush,  of  malt,  5s.;  July  14,  61i.  mutton  at 
3d.,  Is.  6d.;  5  foote  of  wood,  5s.;  July  21,  lOli.  of  mutton  at 
3d.,  2s.  6d.;  Julv  30,  1  bush.  Indian  Corne,  3s.  6d.;  Aug.  5, 
1-2  bush,  malt,  2s.  6d.;  Aug.  10,  71i.  mutton,  Is.  9d.;  Aug.  13, 
5s.  money;  Aug.  17,  6  foot  wood,  6s.  3d.;  Sept.  6,  a  Gow,  41i.; 
Sept.  10,  mending  a  warming  pan,  2s.;  Sept.  14,  7  foot  of  wood, 
7s.;   Sept.  16,  5  hookes  for  doores,  Is.  8d.;   Sept.  27.  1-2  Gord 

tAutograph.  JAutograph  and  seal. 


1675]  RECORDS    AND    FILES  75 

William  Beale  v.  Richard  Flinder.  Nonsuited.  By  con- 
sent of  both  parties,  the  plaintiff  paid  5s.  half  entry,  and  the 
case  proceeded.     Verdict  for  plaintiff.* 

of  wood,  4s.;  Sept.  30,  lOH.  porke  at  3  l-2d.,  2s.  lid.;  for  a 
fire  shovell,  4s.;  Oct.  7,  lOh.  sope,  5s.;  Oct.  9,  5  foot  of  wood, 
5s.;  Oct.  10,  6  foot  of  wood,  6s.;  Oct.  15,  1  bush.  Indian 
come,  3s.  6d.;  Oct.  19,  money,  3s.;  Oct.  26,  3  foot  of  wood, 
4s.;  4  foot  of  wood,  4s.;  Dec.  10,  1  bush,  malt,  5s.;  Jan.  6, 
fetching  up  7  Jades  &  mares  &  Colts  &  keeping  them  a  fort- 
night, 12s.;  Jan.  7,  for  wintring  2  Cowes  1-2  ye  winter  by 
agreement,  Hi.  10s.;  Mar.  4,  1673-4,  2  boards,  60  foot,  3s.  6d.; 
a  quartr.  of  veale,  3s.;  mending  a  Locke,  8d.;  April  6,  one 
load  of  stones,  3s.;  Apr.  7,  2  load  of  Clay,  4s.;  Apr.  9,  for 
a  long  peece  timber  for  ye  wells  &  putting  of  it  up,  3s.;  for 
mending  ye  bolt  of  ye  Crotch,  Is.;  Apr.  15,  for  12  rayles 
&  3  posts,  4s.  6d.;  May  2,  mending  yo'  fence  in  Southfield, 
3s.;  May  10,  1-2  Cord  wood,  4s.;  May  15,  for  3  foote  wood, 
3s.;  May  18,  mending  pr.  tongs.  Is.  6d.;  May  22,  baile  for 
a  paile,  Is.  6d.;  July  6,  for  61i.  mutton,  Is.  6d.;  July  10,  51i. 
mutton.  Is.  3d.;  July  14,  4  quarter  Lambe,  2s.  6d.;  Aug.  15, 
1-2  Cord  wood,  4s.;  Aug.  17,  bush,  malt,  5s.;  Aug.  20,  1  load 
saltmarsh  hay.  Hi.  10s.;  Oct.  19,  bush.  Indian  Come,  3s. 
6d.;  Dec,  for  4  bush.  Indian  Corne,  14s.;  Jan.  7,  for  shooing 
yo"^  horse  round  with  Steele  Cawkes,  4s.;  June  7,  for  a  pr. 
fetters  &  a  horse  locke,  8s.;  Oct.  18,  bush,  of  Indian  Corne, 
3s.  6d.;    for  peares,  6d.;    a  Cheese,  Is.;    total,  20h.  2s.   lid. 

*Writ:  William  Beale  v.  Richard  Flinder;  for  forcibly 
coming  on  his  land,  cutting  down  or  carrying  away  many 
young  sapling  trees,  oak  and  walnut,  making  much  havoc; 
dated  Nov.  22,  1675;  signed  by  Moses  Mavericke,t  for  the 
court;  and  served  by  Henery  Skerry, f  marshal  of  Salem,  by 
attachment  of  house  of  defendant. 

William  Beale's  bill  of  cost,  3H.  Is.  2d. 

Copy  of  the  record  of  Ipswich  court,  Sept.  27,  1664,  concern- 
ing the  estate  of  John  Bradstreet,  made  by  Robert  Lord,t 
cleric. 

Henry  Harwood's  inventory  showed  five  acres  of  land  on 
Darby  fort  side,  valued  at  51i.,  as  given  into  Salem  court  in 
June,  1664. 

Copy  of  the  record  of  a  town  meeting  of  Aug.  14,  1658, 
made  by  Moses  Maverickerf  "At  a  generall  toAvn  metting 
itt  is  a  greed  thatt  noe  stranger  or  any  Inhabitans  for  strangers 
shall  fell  any  Trees  either  Timber  Trees  or  oather  In  the 
Commons  butt  shall  pay  for  every  such  tree  the  sum  of  fine 

t  Autograph. 


76  SALEM  QUARTERLY  COURT  [NoV. 

shill  besides  the  value  of  the  Timber  and  to  thatt  purpose 
haue  chosen  John  Legg  and  Richard  Rowland  to  execute  this 
order :  and  what  timber  is  so  felled  &  they  take  or  proue  fallen 
or  taken  away  the  one  halfe  is  for  their  paines  &  the  oather 
halfe  for  the  use  of  the  Town." 

Copy  of  deed,  dated  June  28,  1658,  given  by  Joseph  Juet, 
merchant,  and  Ann  Juet  of  Rowly,  in  consideration  of  four- 
score acres  of  land  in  Ipswich  belonging  to  the  late  Humfry 
Broadstreete,  who  bequeathed  it  to  his  son  John  Bradstreete, 
and  was  by  the  latter  conveyed  to  said  Juet,  July  3,  1657,  to 
John  Bradstreet  of  Marblehead,  the  corn  mill  in  Marblehead, 
with  the  housing,  ponds,  dams,  stones,  etc.,  with  profits,  rents 
or  arrears  of  rents  due  to  be  paid  by  William  Beale  to  Joseph 
Juett,  William  Paine  or  Mr.  Richard  Russell;  also  ten  acres  of 
land  granted  by  the  town  of  Salem  to  Henry  Harrod  and 
by  him  sold  to  Mr.  William  Stratton  and  by  the  latter  sold  to 
Mr.  William  Paine  and  Mr.  Richd.  Russell,  and  by  them 
sold  to  Mr.  Joseph  Juett,  together  with  all  the  utensels  and 
implements  belonging  to  the  mill.  Wit:  Robert  Lord  and 
Humfry  (his  mark)  Griffin.  Acknowledged,  June  28,  1658, 
before  Daniell  Denison,  and  recorded  19  :  10  :  1661,  by  Hill- 
yard  Veren,*  recorder. 

Henry  Harwood  of  Salem,  shoemaker,  "hath  sould  vnto 
William  Stratton  for  eight  pounds,  ten  acres  of  land  neere 
Thrognortons  cove,  as  by  awriting  dated  the  tenth  day  of 
July  1649."  Copy  from  the  records,  in  Salem  made  by  Hill- 
iard  Veren,*  recorder. 

Deed,  dated  Mar.  27,  1672,  given  by  John  Kimball, f  wheel- 
wright and  Mary  Kimballf  of  Ipswich  to  William  Beale  of 
Marblehead,  one-seventh  part  of  four  ten  acre  lots  which  was 
a  legacy  from  his  brother-in-law  John  Bradstreet,  which  was 
situated  on  Salem  river  in  the  bounds  of  Marblehead.  Wit: 
John  (his  mark)  Roper  and  Sary  (her  mark)  Roper.  Ac- 
knowledged, 28  :  1  :  1672,  before  Wm.  Hathorne,*  assistant. 

Bill  of  sale,  dated  Nov.  9,  1650,  given  by  Moses  Mavericke* 
of  Marblehead,  for  40s.,  to  William  Beale  of  Marblehead,  all 
his  land  on  Darby  fort  side,  ten  acres,  which  he  bought  of 
Richard  Temple,  sometimes  inhabitant  in  Salem,  having  land 
of  Rich.  HoUinworth  on  the  east,  Tho.  Oliver  on  the  west, 
Mr.  Peters  farm  on  the  south,  and  Salem  river  on  the  north. 

Copy  of  deed,  dated  Apr.  2,  1658,  given  by  Adam  (his  mark) 
Westgate  of  Salem,  mariner,  and  Mary  (her  mark)  Westgate 
to  John  Bradstreet  of  Marblehead,  seaman,  twenty  acres  of 
land  which  was  the  land  of  Richard  HoUingworth,  sr.,  of 
Salem,  sold  to  Adam  Westgate  by  Mr.  John  Gedney  of  Salem, 

♦Autograph.  fAutograph  and  seal. 


1675]  RECORDS    AND    FILES  77 

vintner,  which  land  is  next  to  the  water  mill  of  Marblehead, 
lying  by  the  side  of  the  mill  westward  toward  Forest  river 
head.  Wit:  Samll.  Pickman  and  John  Peach.  Acknowledged, 
15  :  6  :  1664,  before  Wm.  Hathorne,  and  recorded,  8:7: 
1664,  by  Hilliard  Veren,*  recorder. 

Samuell  Beale,*  aged  above  one  and  twenty  years,  deposed 
that  going  over  his  father's  pasture  land,  he  saw^  a  man  cut- 
ting wood  and  told  his  father,  who  asked  the  man  what  he 
was  doing  there.  The  man  said  he  was  Richard  Flinder  and 
deponent's  father  told  him  that  if  he  did  not  go  aw^ay  he 
would  charge  him  with  stealing  his  wood.  Deponent  had 
seen  him  cutting  wood  four  times  and  there  were  over  one 
hundred  and  eighty  stumps.     Sworn  in  court. 

Isaack  Elwell,  aged  about  thirty-two  years,  deposed  that 
he  lived  with  Henry  Harwood  fourteen  years,  and  remem- 
bered well  that  he  was  possessed  of  a  ten-acre  lot  at  the  head  of 
Frognorton's  cove,  so  called,  w^hich  he  sold  to  one  Mr.  Stratton, 
master  of  a  ship  of  Bristow  that  then  "used  this  contry."  His 
master  also  owned  a  five-acre  lot  that  lay  to  the  west  on  the 
northerly  side  of  the  said  cove  where  deponent  often  cut 
wood  all  the  time  he  lived  there  and  he  left  about  eleven 
years  ago,  etc.  Sworn,  29  :  9  :  1675,  before  Wm.  Hathorne,* 
assistant. 

Robert  Knight  and  Thomas  Bowen  deposed  that  they 
were  desired  to  view  the  damage  done,  they  being  acquainted 
with  the  ancient  titles  of  lands,  etc.  It  was  twenty-four  or 
five  years'  since  the  mill  at  Frognauton's  cove  was  built. 
Sworn  in  court. 

George  Kesor,  aged  about  sixty-four  years,  deposed  that 
being  acquainted  with  Goodman  Harwood  and  coming  to 
his  house,  having  sold  some  leather  to  him,  deponent  asked 
him  to  send  his  man  Isack  Elwell  to  bring  the  leather.  Har- 
wood told  him  that  Elwell  was  at  his  lot  at  Darby  fort  side 
getting  wood.  Also  speaking  with  the  widow  Harwood  after 
her  husband's  death,  etc.     Sworn  in  court. 

Robert  Knighte,  aged  upward  of  fiftj'  j^ears,  deposed  that 
the  same  year  that  Marblehead  mill  w^as  built  he  saw^  Henry 
Harwood,  some  time  inhabitant  in  Salem,  deliver  his  land  to 
Mr.  William  Stratton,  with  the  only  exception  that  he  should 
have  firewood  from  it  during  his  lifetime.     Sworn  in  court. 

Mary  Knighte,  aged  upward  of  fifty  years,  deposed  that 
John  Brandstrete,  brother-in-law  to  William  Beale,  etc. 
Sworn  in  court. 

James  Beale,  aged  above  seventeen  years,  testified  that 
he  saw  Richard  Flinder  carry  w^ood  into  a  boat,  from  his 
father,  William  Beale's  lot,  etc.     Sworn  in  court. 

*  Autograph. 


78  SALEM  QUARTERLY  COURT  [NoV. 

James  Cooke  v.  Bartholmew  Stratton,  master  of  the  ship 
Salamander.  Verdict  for  plaintiff,  damages  or  the  goods 
belonging  to  the  ship.* 

Elizabeth  Grigs,  aged  upward  of  fifty  years,  deposed  that 
Henry  Harwood  came  upon  her  deceased  husband's,  Henry 
Comes'  land,  cut  up  a  pitch  pine  tree  and  carried  it  away  for 
the  use  of  his  wharf,  whereupon  her  then  husband  prosecuted 
against  him  before  the  Worshipful  Mr.  John  Endycut,  etc. 
Sworn  in  court. 

Thomas  Bowen,  aged  upward  of  fifty  years,  deposed.  Sworn 
in  court. 

Benjamin  Parmiter,  aged  upward  of  fifty  years,  deposed. 
Sworn  in  court. 

James  CoUinges,  aged  about  fifty  years,  deposed.  Sworn 
in  court. 

Jeremiah  Gattchell,  aged  twenty-seven  years,  and  Samuell 
Beale,  aged  above  twenty-one  years,  deposed.  Sworn  in 
court. 

Wm.  Hathorne,  sr.,  attested,  30  : 9  :  1675,  that  Henry 
Harwood  told  him  that  he  reserved  the  five  acre  lot  and  it 
was  included  in  his  inventory  and  later  William  Beale  asked 
for  the  refusal  of  it.     Sworn  in  court. 

*Writ:  James  Cook,  mariner  v.  Bartholomew  Stretton, 
master  of  the  ship  Sallamander;  for  non-payment  of  13li. 
16s.  for  weekly  wages  for  work  done  for  and  on  board  the 
said  ship  from  June  13  to  Nov.  7  of  this  year,  at  ISs.  per  week 
for  two  weeks  and  12s.  per  week  for  the  rest  of  the  time; 
dated  Nov.  12,  1675;  signed  by  Jonath.  Negus, t  for  the  court; 
and  served  by  James  Bill,t  constable  of  Rumney  Marsh,  by 
attachment  of  six  sails  and  small  rigging. 

James  Cook's  bill  of  cost,  21i.  5s. 

James  Cook'sf  account  of  wages  due. 

John  Kent,  aged  about  thirty  years,  deposed  that  being  in 
company  with  Mr.  Barthelemew  Streten  after  the  seamen 
had  sued  for  their  wages,  he  heard  said  Streten  say  that  the 
men  were  hired  by  the  week  and  their  wages  were  justly  due. 
Further  that  the  ship  and  all  that  belonged  to  her  was  in  his 
hands,  etc.  Sworn,  Nov.  29,  1675,  before  Edward  Tyng,t 
assistant. 

Thomas  Stocker,  aged  about  fifty-five  years,  deposed  that 
he  heard  Mr.  Bartholemew  Stretton  and  Elisha  Hutchinson 
demand  James  Cooke,  John  Tucker  and  Joseph  Arnold  to 
go  on  board  the  ship  which  lay  on  shore  at  Rumly  Marsh,  to 
take  down  the  sails  and  rigging  that  they  might   be  saved. 

t  Autograph. 


1675]  RECORDS    AND    FILES  79 

Jon.  Tucker  v.  Bartholomew  Stratton,  master  of  the  ship 
Salamander.     Verdict  for  plaintiff.* 

Joseph  Arnold  v.  Bartholmew  Stratton,  master  of  the 
ship  Salamander.     Verdict  for  plaintiff. f 

Robt.  Wilkes  v.  Humfry  Woodbery.     Nonsuited. 

Robert  Ames  v.  Samll.  Simonds.  Verdict  for  plaintiff. 
Damages  in  neat  cattle  not  exceeding  four  years  old.t 

They  utterly  refused  to  do  anything  about  her  unless  said 
Hutchinson  would  agree  to  give  them  what  was  due  them 
from  Stretton  and  left  the  ship.  Then  Stretton  brought 
down  other  men  who  unrigged  the  ship.  Hutchinson  prom- 
ised the  seamen  that  they  should  be  paid  for  what  they  did 
about  the  ship.  Further  that  when  the  ship  came  on  shore, 
one  anchor  was  at  the  bow  and  two  more  were  on  board,  and 
that  the  goods  attached  were  delivered  by  Mr.  Cooke's  order 
to  deponent,  who  carted  them  away  to  deponent's  son's 
house  before  they  were  attached.  Elisha  Hutchinson,  aged 
thirty-four  years,  testified  to  the  same.     Sworn  in  court. 

John  Sandys,  aged  about  twenty-nine  years,  deposed. 
Sworn  in  court. 

Hugh  March,  aged  about  fifty-four  years,  testified  that  when 
the  seamen  had  little  to  do,  he  heard  Tucker  desire  to  be  released 
but  Stratton  said  if  he  would  stay,  he  should  be  paid  for  his  time. 

Joseph  Arnold,  aged  about  twenty-three  years,  deposed. 
Sworn  in  court. 

*Writ,  dated  Nov.  12,  1675,  signed  b}^  Jonath.  Negus, §  for  the 
court,  and  served  by  James  Bill,§  constable  of  Rumney  Marsh. 

John  Tooker's  bill  of  cost,  21i.  Is. 

John  Tooker's§  account  of  wages  due,  llli.  8s. 

Jonathan  Woodman,  aged  about  thirty  years,  testified 
that  he  heard  Mr.  Barthola.  Stratton  of  Boston,  mariner, 
etc.     Sworn,  Nov.  29,  1675,  before  Edward  Tyng,§  assistant. 

fWrit,  dated  Nov.  12,  1675,  signed  by  Jonath.  Negus, §  for  the 
court,  and  served  by  James  Bill,§  constable  of  Rumney  Marsh. 

Joseph  Arnoll'sl  account:  for  work  from  June  13,  1675 
to  Nov.  7,  at  10s.  per  week,  lOli.  lis. 

Joseph  Arnel's  bill  of  cost,  21i.  is. 

Jemes  Cooke,  aged  about  twenty-two  years,  deposed. 
Sworn  in  court. 

John  Tucker,  aged  about  twenty-four  years,  deposed.  Sworn 
in  court. 

J  Writ:  Robert  Ames  v.  Samuel  Symonds;  for  illegally 
withholding  a  steer;    signed  by  Thos.  Fiske,§  for  the  court; 

§  Autograph. 


80  SALEM  QUARTERLY  COURT  [NoV. 

Hugh  March  v.  Bartho.  Stratton.  Debt.  There  being  no 
kgal  proceedings,  this  action  did  not  proceed,  but  the  plain- 
tiff producing  evidence  that  there  was  a  summons  left  with 
the  defendant,  he  was  allowed  costs.* 

John  Hascall,  son  of  Roger  Hascall  v.  Edward  Berry,  late 
husband  of  Eliza.  Haskall  and  executrix  of  the  estate  of  Roger 
Hascall,  deceased.  Review  of  a  case  tried  at  Salem  court. 
Verdict  for  defendant.! 

Mr.  John  Giffard  v.  Hen.  Dispaw,  jr.  Verdict  for  de- 
fendant.! 

and  served  by  John  Gould, §  deputy  for  Robert  Lord,§  mar- 
shal of  Ipswich,  by  attachment  of  land  near  defendant's  house. 

Copy  of  the  record  and  files  of  Salem  court,  24  :  9  :  1674, 
and  Ipswich  court.  Mar.  30,  1675,  in  a  similar  action,  made 
by  Hilliard  Veren,§  cleric. 

John  Comings,  jr.,  and  Thomas  Comings  deposed  that  in 
the  latter  end  of  Sept.,  they  saw  Samuell  Symonds  come  and 
look  amongst  their  father's  cattle  and  take  away  the  steer 
that  Robert  Ames  spoke  with  their  father  to  keep  for  him 
until  he  had  gathered  his  Indian  corn,  etc.  Sworn,  Nov. 
29,  1675,  before  Daniel  Denison.§ 

Edmond  Bridges,  aged  about  thirty-eight  years,  testified 
thaf  he  sold  the  steer  on  Aug.  23,  1674  to  Robert  Ames,  which 
was  the  same  day  that  he  had  received  it  from  John  Little- 
hale.     Sworn,  17  :  9  :  1675,  before  Wm.  Hathorne,§  assistant. 

John  Cummings  deposed.  Sworn,  Nov.  23,  1675,  before 
Daniel  Denison.§ 

John  Cummings,  aged  about  eighteen  years,  deposed. 
Sworn,  Nov.  23,  1675,  before  Daniel  Denison.f 

*Hugh  March's  bill  of  cost,  Hi.  10s.  8d. 

John  Tucker,  aged  about  twenty-four  years,  deposed  that 
he  heard  Mr.  Bartho.  Strattin  say  that  Hue  March  of  Nubere 
had  attached  "ther  Cabill,"  etc. 

tWrit,  dated  24  :  9  :  1675,  signed  by  Hilliard  Veren,§  for 
the  court,  and  served  by  Henery  Skerry, §  marshal  of  Salem. 

Copy  of  the  record  and  files  of  IpsAvich  court  of  Mar.  30, 
1675,  and  of  Salem  court  of  July  22,  1675,  concerning  a  similar 
action,  made  by  Hilliard  Veren,§  cleric. 

Ed.  Berry's  bill  of  cost,  14s. 

Willy  ham  Haskeles  bill  of  cost,  18s.  6d. 

IWrit:  Jno.  Giffard  v.  Henery  Disspaw,  jr.;  for  twenty- 
one  weeks'  false  imprisonment,  for  pretended  debt,  in  that  he 
had  not  paid  him  his  wages;    dated  Boston,   Oct.   26,   1675; 

§  Autograph. 


1675]  RECORDS    AND    FILES  81 

signed  by  Jonath.  Negus,*  for  the  court;  and  served  by  Re- 
turne  Waite,*  deputy  marshal  of  Suffolk.  Bond  of  Henery  (his 
mark)  Dispaw,  jr.;    John  Floyd*  and  John  Hawkes,*  sureties. 

Copy  of  the  record  of  a  county  court  at  Boston,  Jan.  26, 
1674,  made  by  Isa.  Addington,*  cleric:  John  Floyde,  attorney 
to  Henry  Dispaw,  sr.,  and  Henry  Dispaw,  jr.  v.  John  Wright, 
Esq.,  John  Giffard  and  Ezekiel  Fogg;  for  5001i.,  forfeiture 
of  a  bond,  dated  Aug.  11,  1673;  verdict  for  plaintiff. 

Copv  of  the  record  of  a  county  court  at  Boston,  bj'  adjourn- 
ment of  the  General  Court,  Nov.  23,  1675,  made  by  Isa. 
Addington,*  cleric:  John  Giffard  v.  Henry  Dispaw,  sr.,  and 
Henry  Dispaw,  jr.;   review;   verdict  for  plaintiff. 

Henry  Dispaw,  jr.'s  bill  of  cost,  Hi.  10s. 

Copy  of  writ,  dated  Jan.  6,  1674,  signed  by  Jonath.  Negus, 
for  the  court,  and  returned  by  Rich.  Wayte,  marshal  of  Suffolk. 
Bond  of  Ezekiel  Fogg  and  John  Giffard.  Copy  made  by 
Isa.  Addington,*  cleric. 

George  Booth,  aged  about  thirtj^-five  years,  deposed  that 
he  came  from  England  in  a  ship  with  Henry  Dispaw,  sr.,  and 
Henry  Dispaw,  jr.,  and  knew  them  both  to  be  servants  of 
Mr.  John  Gifford.  They  arrived  at  Boston,  Dec.  1,  1673. 
Herlackendine  Simonds  testified  to  the  same,  he  being  a 
passenger  on  the  same  ship.  Alee,  wife  of  George  Booth, 
aged  about  thirty-five  years,  testified  to  the  same.  Copy 
made  by  Hilliard  Veren,*  cleric. 

Copy  of  execution,  dated  Boston,  June  2,  1675,  by  special 
order  from  the  General  Court,  against  John  Wright,  Esq., 
John  Giffard  and  Ezekiel  Fogg,  to  satisfy  judgment  granted 
Jno.  Floyde,  attorney  to  Henry  Dispaw,  sr.  and  jr.  at  the 
county  court  held  at  Boston,  Jan.  26,  1674;  signed  by  Isa. 
Addington,*  cleric,  and  served  by  William  Green  of  Maiden, 
deputy  for  Rich.  Wayte,  marshal  of  Suffolk,  who  went  to 
Giffard's  house  where  his  wife  told  them  that  he  Avas  at  Salem. 
They  went  thither  and  Floyd  told  Gifford  that  if  he  would 
pay  40Ii.  in  monej-,  it  being  the  remainder  of  the  Dispaws 
first  year's  wages,  and  give  security  for  future  wages  to  be 
paid,  the  execution  should  cease,  but  Gifford  refused,  and  for 
want  of  estate,  said  Green  levied  the  execution  upon  his  per- 
son and  committed  him  to  prison.  Copy  made  by  Isa  Adding- 
ton,* cleric. 

Copy  of  writ:  John  Floyde,  attorney  to  Henery  Dispaw, 
sr.,  and  Henry  Dispaw,  jr.  v.  John  Wright,  Esq.,  John  Gift'- 
ard,  merchant,  and  Ezekiell  Fogg;  forfeiture  of  bond  of  50011., 
dated  Aug.  11,  1673;  dated  Jan.  6,  1674;  signed  by  Jona. 
Negus,  for  the  court.  "The  Returne  Indors**."  Copy  made  by 
Isa.  Addington,*  cleric. 

*  Autograph. 


82  SALEM  QUARTERLY  COURT  [NoV. 

Petition  of  John  Floyd,  attorney,  to  the  General  Court  held 
May  12,  1675;  the  petitioner,  as  attorney  to  Henry  Dispaw, 
ST.,  and  jr.,  obtained  judgment  against  John  Wright,  Esq., 
John  Gyfford  and  Ezekiell  Fogg,  and  said  Fogg  was  com- 
mitted to  prison,  the  marshal  refusing  to  serve  the  execution 
on  Gilford's  estate.  Said  Fogg  procured  two  bondsmen  for 
his  safe  abiding  in  prison  which  gave  cause  to  suspect  he  had 
made  over  his  estate  to  them,  whereby  the  poor  men  to  whom 
wages  were  due  have  been  obliged  to  complain  to  the  select- 
men of  Lynn  for  relief,  since  which  time  Mr.  Gyfford  had 
supplied  them  with  some  provisions,  but  they  cannot  pay 
their  just  debts  for  corn  and  provision,  so  that  they  lie  at  his 
mercy.  Said  Floyd  had  not  been  able  to  effect  a  settlement, 
and  Dispaw  was  disabled  in  his  Hmbs  for  work,  whereby  his 
son  Henry  and  his  v:\ie  are  at  great  charge  to  maintain  and  tend 
him  and  pay  doctors.  They  ask  that  the  court  oblige  the 
marshal  to  serve  another  execution,  and  if  the  Dispaws  cannot 
be  relieved  in  their  suffering  condition,  that  they  be  transported 
back  to  England  at  the  charge  of  those  who  brought  them  over 
Copy  made,  May,  1675,  by  Edw.  Rawson,*  Secretary. 

Copy  of  the  order  of  the  court  for  a  new  execution,  made 
by  Edw.  Rawson,*  Secretary. 

Copy  of  agreement,  dated  Aug.  11,  1673,  between  John 
Wright  of  Writsbridge,  Esq.,  John  Giffard  of  New  England, 
merchant,  and  Ezekiel  Fogg,  citizen  and  skinner  of  London, 
of  the  one  part,  and  Henry  Dispaw,  sr.,  and  Henry  Dispaw, 
jr.,  of  Horsemenden,  Co.  Kent,  potters,  of  the  other  part; 
the  Dispaws  were  to  transport  themselves  with  said  Wright, 
Gifford  and  Fogg  to  New  England  and  serve  them  as  master 
workmen  for  pot  making  for  six  years  from  the  day  of  their 
arrival  in  New  England,  and  were  not  to  work  for  any  other 
persons,  even  after  their  time  was  out,  provided  said  Wright, 
etc.,  would  pay  them  as  much  as  any  other  person;  for  which 
service  they  were  to  receive  351i.  each  in  sterling  per  annum, 
a  house  to  dwell  in,  with  one  acre  of  ground,  with  firewood 
which  the  Dispaws  were  to  cut  and  haul.  Further  their  pas- 
sage was  to  be  paid,  together  with  that  of  Henry,  jr.'s  wife 
and  child,  etc.  Wit:  David  Fogg  and  Ricd.  Stonehill,  notary 
public.  Owned  in  court,  Jan.  27,  1674,  and  copy  made  by 
Isa,   Addington,*   cleric. 

Letter  of  attorney,  dated  Jan.  2,  1674,  given  by  Henry  Dis- 
paw, sr.,  and  Henry  Dispaw,  jr.,  to  Jno.  Floj^de.  Wit:  John 
Hawkes,  John  Shaw  and  Daniel  (his  mark)  Huchins.  Sworn, 
22  :  11  :  1674,  before  Wm.  Hathorne,  assist.  Copy  made  by 
Isa.  Addington,*  cleric. 

Henry  Dispaw,  Dr.,  Feb.  23,  1673,  to  sundry  goods  and  Cash 

*  Autograph. 


1675]  RECORDS    AND    FILES  83 

Richard  Jacob  v.  Samll.  Martin.     Withdrawn.* 

delivered  him  by  Mrs.  Giffard  as  bj'^  her  acct.  appears,  8li.  16s 
Mar.  8,  cash,  21i. ;    Apr.  17,  1674,  pair  of  cotton  gloves,  2s.;   a 
sattin  Capp,  3s.;    cash  pd.  him,  21i. ;    two  Chamber  potts,  9s. 
1  Small  Tankerd,  2s. ;    1  Salt,  3s.  6d. ;    1  glass  bottle  with  rum 
Is.  9d. ;  6  pound  of  tobacco,  3s. ;  1  tearce  of  Molassus,  21i.  10s. 
May  7,  cash,   Hi.;    May  26,   10  bush,  of  Indian  Come,   Hi 
10s.;   6  pound  of  tobacco,  3s.;   cash,  6s.  8d.;   a  neck  of  veale 
6d.;   cash,  10s.;   cash,  10s.;    1  bottle  of  liquors,  2s.  6d.;    1  qt 
of  white  wine,  Is.;    2  pare  of  shooes,  10s.;    to  Doctor  Gibbs 
31i. ;  cash,  10s. ;  cash,  21i. ;   May  30,  to  cash  sent  by  Gd.  Ward 
Hi,;    1  bottle  of  liquor.  Is.;    June  3,  to  1  bottle  of  rum,  Is. 
cash.  Is.  6d.;    June  13,  to  Jno.  Divin  for  bringing  up  goods 
9s.;    cash,  10s.;   neck  of  veale,  Hi.  5s.  6d.;    July  15,  cash,  211 
10s.;    Aug.  1,  cash,  2s.;    Aug.  6,  1  gallon  of  rum,  4s.;    11,  to 
80  pound  of  beefe,  1  li.;    24,  to  2  quarts  of  rum,  2s.;    31,  to 
1  qrt.  of  rum,  Is.;   Sept.  3,  to  2  paire  of  shooes,  lis.;   6  pound 
tobacco,  3s.;    one  bottle  of  rum,  Is.;    15,  to  4  bottles  of  rum, 
4s.;    26,  to  4  bottles  of  rum,  4s.;    to  77  pound  of  beefe,  19s. 
3d.;    Nov.  1,  to  cash,  3s.;    to  12  pound  flax,  12s.;    to  6  pound 
of  tobacco,  3s.;    16,  to  two  pound  of  Soape,  5d.;    to  1  C.  of 
6  penny  nayles,  9d.;    to  cash,  21i.;    to  setting  off  one  yeeres 
passage,  51i.;    to  a  flockbed  of  my  wife's.  Hi.  5s.;    a  flockbed 
and  bolster  with  blankets  and  a  rug  bought  at  ye  Custom 
howse  in  London,   Hi.  6s.;    cash  lent  you  in  London  to  bye 
cloathinge,  51i.;   to  sundries  to  ye  smith  for  you,  12s.;    Dec.  7, 
1  1-4  yd.  of  red  Kersye  with  ribbin,  9s.  Id.;  cash,  2s.;  2  qrts. 
of  molasses,  Is.;    1  thousand  pinns,  1  bottle  of  rum,  2s.  6d.; 
4  1-2  yds.  of  searge  at  5-8,  Hi.  2s.  6d.;    1  quarter  of  porke 
wayeing  36  pound,  7s.  6d.;    cash.   Is.  Creditor,   Jan.  23,    by 
heapeing  of  304  Loade  of  Coales,  21i.  10s.  8d.;    1  yeeres  wagis 
due  for  service  of  Henery  Disspaw,  jr.,  ending  the  27th  of  Nov., 
1674,  35li.;   by  1  yeeres  wagis  of  Edward  Dispaw  ending  ditto, 
201i. 

John  Giffard'sf  account  of  damages  sustained  by  his  im- 
prisonment, dated  Nov.  29,  1675,  24  weekes  imprismt,  24li.; 
loss  sustained  in  o'  Coales,  1501i. ;  loss  of  our  blast  being  takein 
of,  in  loss  of  our  summer  season,  5001i.;  loss  of  our  Servants, 
loss  of  hay  Cutting,  30li.;  loss  of  two  horses,  lOli. ;  charges 
of  imprissmt.,  201i.;  loss  of  Molds  that  wagis  hath  beene 
payd  for,  lOOli. ;   total,  8341i. 

*Writ:  Richard  Jacob  v.  Samuell  Martin;  for  taking  a 
horse  out  of  his  possession;  dated  Nov.  24,  1675;  signed  by 
Robert  Lord,t  for  the  court;    and  served  by  John  Lovejoy,t 

tAutograph. 


84  SALEM    QUARTERLY    COURT  [NoV. 

Mr.  Harlackendine  Simonds  v.  Hen.  Benet.  Verdict  for 
defendant.* 

constable  of  Andover,  by  attachment  of  land  next  defendant's 
house. 

*Writ:  Mr.  Harlackendine  Symonds  v.  Henry  Bennet; 
for  the  cost  of  plaintiff  going  to  England  in  behalf  of  said 
Bennet,  to  procure  a  legacy  of  lOOli.,  of  which  said  Symonds 
was  to  have  half  for  his  pains,  and  now  after  having  spent 
much  time  to  find  out  the  executors  of  William  Benet  in  Lon- 
don, his  will,  etc.,  has  waited  for  a  letter  of  attorney  from  said 
Bennet  for  a  year,  having  sent  to  Ncav  England  for  it,  and 
not  receiving  it,  the  executors  refused  to  pay  the  money; 
dated  Nov.  22,  1675;  signed  bj*^  Samuel  Symonds,!  Dep. 
Governor;  and  served  by  Robert  Lord,t  marshal  of  Ipswich, 
by  attachment  of  cattle  and  horses. 

Henry  Pelham  deposed  that  he  "went  to  Mr.  Henery 
Jennings  at  the  M^hite  Heart  with  out  Bishopsgate  and  there 
did  ask  him  whither  he  had  a  letter  from  Mr.  Henery  Bennet 
of  Ipswich  In  New  England,  and  he  told  us  not  lately,  but  the 
100'^  that  his  Brother  left  him,  was  payed  onley  7^''  deducted 
about  his  young  man  Jonathan  Fenton  &  40*  in  monj^  to 
M"^  Harlackenden  Symonds  and  that  oath  was  taken  of  before 
S'  William  Lawrance  that  is  to  say  payd  by  the  Executors 
by  order  of  the  sayd  Bennet  to  Mr.  Adkinson  of  Wagging 
in  England  nere  London." 

John  Bennet,  aged  about  twenty  years,  deposed  that  being 
present  in  the  room  "with  my  father  and  M''  Harlakenden 
Symonds  and  some  others,  and  it  was  the  night  before  he  went 
to  England  lastt  &  I  hearing  my  father  &  m"^  Symonds  dis- 
coursing about  the  money  that  was  willed  to  him  in  England 
&  m'^  Symonds  tould  my  father  that  for  one  halfe  of  the  moneye 
he  would  undertake  to  gett  the  other,  my  father  sayd  no  it 
was  a  gift  that  was  giuen  by  my  Brother  &  I  will  not  do  so, 
well  saith  m""  Symonds  you  haue  been  a  good  freind  to  me 
and  so  to  make  no  more  adoe,  for  ten  pounds  I  will  undertake 
your  businese  my  father  saith  that  if  [I]  do  imply  you  to  take 
up  the  money  for  myself  I  will  giue  you  ten  pounds  &  if  I  doe 
not  imply  you  I  will  be  at  my  liberty  what  to  giue  you  &  so 
they  agreed."  Ephraim  Fellowes  made  oath  in  court,  1  : 
10  :  1675,  that  he  was  present  when  John  Benett  wrote  this 
testimony,  but  a  little  while  before  he  went  out  against  the 
Indians. 

Harlakinden  Symonds'f  statement  of  the  case,  dated  Nov. 
30,    1675:    that  said  Symonds,   having  an  inkling  from  one  of 

tAutograph. 


1675]  RECORDS    ASD    FILES  85 

Henry  Bennet's  sons  before  he  went  to  England  the  first  time 
that  he  had  a  rich  uncle  there,  put  himself  oiit  to  make  in- 
quiries when  he  was  in  London;  at  the  house  where  Mr.  Wil- 
liam Bennet  deceased  he  found  Mr.  Henry  Jinnings,  son- 
in-law  to  said  William,  who  told  him  that  the  latter  had  left 
a  legacy  to  said  Henry,  but  did  not  express  how  much;  upon 
returning  to  New  England,  he  told  Bennet,  who  solicited  him 
to  go  again  to  England,  which  he  did,  having  some  other 
business  also;  that  he  stayed  in  England  about  fifteen  months, 
being  absent  from  his  family  in  New  England  over  a  year  and 
nine  months,  with  many  dangerous  journies;  with  great 
difficulty  said  Symonds  procured  John  Symonds,  Esq.,  justice 
of  the  peace  and  counsellor,  and  Mr.  John  Hall,  merchant, 
of  Isleington  to  go  with  him  to  Byshopsgate  to  Mr.  Jinings, 
vintner,  where  they  perused  the  will  and  the  letter  which  said 
Henry  sent  by  said  Harlackenden,  and  the  latter  received 
40s.,  etc. 

John  Fitch  of  Glocester  deposed  that  being  at  Mr.  Emerson's 
house  about  two  years  ago,  and  speaking  with  Harlakenden 
Symonds  about  taking  up  something  for  him  in  England,  etc. 
Anthony  Day  and  James  Stevenes,*  and  Mary,  wife  of  John 
Fitch,  of  Glocester,  deposed  the  same.  Sworn,  Dec.  30,  1673, 
before  Samuel  Symonds,*  Dep.  Govr. 

Daniell  Epps,  aged  about  fifty  years,  deposed  that  about 
three  years  ago,  being  at  his  father  Symonds'  house  there 
was  a  letter  sent  bj^  his  brother  Harlakinden  Symonds,  etc. 
Sworn,  Nov.  30,  1675,  before  Samuel  Symonds,*  Dep.  Govr. 

John  Fayerweather,  aged  forty-one  years,  deposed  that  he 
received,  by  his  attorney  in  England,  of  Mr.  Henerie  Bennit 
of  Ipsige  by  virtue  of  a  bill  of  exchange  drawn  by  said  Ben- 
nit, 901i.  5s.  in  money.  Sworn,  Nov.  27,  1675,  before  Edward 
Tyng,*  assistant. 

Mrs.  Rebecka  Symonds*  of  Ipswich  affirmed,  Nov.  29, 
1675,  that  she  was  troubled  that  her  son  Harlackendine  should 
go  to  England  upon  uncertainties,  for  there  was  nothing 
certain  but  the  one-half  of  neighbor  Bennet's  legacy,  etc. 

Jo.  Symonds*  deposed,  Aug.  19,  1673,  that  his  kinsman, 
Mr.  Herlakenden  Symonds  made  several  journeys  from  his 
dwelling  house  at  Yeldham,  in  Essex,  to  London  to  one  Henry 
Jennings  living  at  the  White  Hart  by  Bishopsgate,  which  was 
a  distance  of  about  forty  miles,  etc. 

Hanah  Lord,  aged  about  thirty-seven  years,  deposed  that 
Symonds  came  into  her  house  with  Bennet  and  her  husband 
wrote  a  bill.  Then  Symonds  took  Goodman  Benitt  by  the 
hand  and  said  "Neighbor  Benitt  you  haue  all  ways  bene  a 
good  frind  vnto  me  &  now  all  old  matters  are  ended,"  etc. 

*Autograph. 


86  SALEM    QUARTERLY    COURT  [NoV, 

Hen.  Benet  v.  Mr.  Harlackendine  Simonds.  Debt.  Ver- 
dict for  plaintiff.* 

John  Emins  v.  Andrew  Tucker.  Debt.  There  being  no 
legal  process,  the  case  did  not  proceed. t 

Sworn,  Nov.  26,  1675,  before  Daniel  Denison.J  Robert  Lord 
made  oath  to  the  same  in  court. 

Jacob  Bennet,  aged  about  twenty-three  years,  deposed  that 
he  was  present  at  their  house  with  his  father  and  Mr.  Symonds 
the  night  before  the  latter  went  to  England.  Jonathan  Fenten, 
aged  about  twenty  years,  servant  to  Henry  Bennet,  deposed. 
Sworn,  Nov.  30,   1675,  before  Samuel  Symonds, |  Dep.  Govr. 

John  Graves,  aged  about  twenty-four  years,  deposed  that 
Bennet  told  him  he  was  willing  to  let  Harlakenden  receive 
the  money  if  the  latter's  father  would  be  security,  etc.  Sworn, 
Nov.  29,  1675,  before  Samuel  Symonds, |  Dep.  Govr. 

Ephraim  Fellows  deposed.  Sworn,  Oct.  30,  1675,  before 
Daniel  Denison.J 

William  Goodhue,  sr.,  of  Ipswich  testified  that  he  purchased 
this  legacy  of  lOOli.  of  Henry  Bennet  and  ordered  it  to  Mr. 
Fayerwheather  of  Boston,  etc.  Sworn,  Nov.  23,  1675,  before 
Daniel  Denison.J 

*Writ,  dated  Nov.  24,  1675,  signed  by  Robert  Lord,t 
for  the  court,  and  served  bj'  Joseph  Brown, |  deputy  for  Robert 
Lord, I  marshal  of  Ipswich. 

Henry  Benitt's  bills  of  cost.  Hi.  lOs.  lOd.  and  Hi.  Is.  6d. 

Har.  Symonds'  bond  to  Henery  Benitt  of  Ipswich,  dated 
June  29,  1674,  for  61i.  in  New  England  money,  40s.  in  old 
England  money,  20s.  in  the  swap  of  a  horse,  23s.  paid  to  Mar- 
shal Lord.  Wit:  Robert  Lord,|  marshal  and  Hanah  (her 
mark)  Lord.     Sworn,  Nov.  26,  1675.  before  Daniel  Denison.| 

Bond  of  Harlakinden  Symonds, |  of  Boston,  gentleman,  and 
Joseph  ProckterJ  of  Ipswich,  yeoman,  for  said  Symonds'  ap- 
pearance.    Wit:   James  Chute,  sr.,|  and  Jno.  Graves. | 

Joseph  Brown, t  deputy  marshal,  affirmed  that  "wheras 
I  hcare  m"^  Harlackenden  Symonds  sayes  the  attachm*  served 
by  me  for  Henry  Bennett  was  affter  sun  sett  I  doe  affirme  no 
man  can  say  the  sun  was  sett  for  though  its  a  cloudy  day  yet 
I  read  it  by  day  light  and  could  haue  read  it  by  day  light 
aboue  a  halfe  an  houre  after." 

fWrit,  dated  Nov.  21,  1675,  signed  by  Moses  Mavericke,| 
for  the  court,  and  served  by  Richard  Haniford,|  constable  of 
Marblehead,  by  attachment  of  the  dwelling  house  of  defendant. 

Andrew  Tucker's  bill  of  cost,  15s.  4d. 

Andrew  Tooker  is  debtor.  May  28,   1675,  for  soiling  1  pair 

^Autograph. 


1675]  RECORDS    AND    FILES  87 

James  White  v.  Samuell  Pippen.  Debt.  Verdict  for 
plaintiff.* 

Mathew  Nixon  v.  William  Hollingworth.  Debt.   Withdrawn.! 

of  Shoes,  yourself,  2s.;  June  11,  to  soiling  your  son  Johns  shoes 
&  1  new  heel,  2s.;  26,  to  maid  Shoan  1  pair  of  shoes,  6s.;  to 
your  nicholass  1  pair  of  shoes,  3s.;   July  3,  to  Linnard  Bellring 

1  pair  of  shoes  french  falls, ;   9,  to  soiling  Bellrings  shoes, 

2s.;  3,  to  1  pair  of  shoes  for  Bellring,  7s.;  9,  to  soling  John 
sarle  his  shoes,  2s.;  24,  to  1  pair  of  shoes  yourself,  6s.  6d.; 
to  1  pair  your  son  John,  3s.  6d.;  Sept.  24,  to  1  pair  of  french 
falls  John  sarle,  6s.  6d. ;  1  pair  of  french  falls  j'our  wife,  5s.; 
1  pair  of  shoes  soiling  j^ourselfe,  2s.;    29,  1  pair  soiling  John 

tookers    shoes,    Is.;    to    soiling  John   Draks  shoes,    ;    to 

soiling  your  maid  Shoans  shoes,    ;    to  soiling  your  own 

shoes,  ;    Nov.  11,  to  a  new  heel  to  Andrews  shoes,  ; 

to  your  maid  Shoan  1  pair  of  shoes,  5s. ;   to  3  pair  of  Childrens 

shoes,  9s.;    to  1  pair  of  shoes  to  John  sari,  ;    to  1  pair  of 

shoes  to  yourself,  6s.  6d.;   total,  41i.  8s.  lid. 

*Writ,  dated  Nov.  24,  1675,  signed  by  Robert  Lord,t  for 
the  court,  and  served  by  Robert  Lord,t  marshal  of  Ipswich, 
by  attachment  of  defendant's  interest  in  the  farm  he  rents, 
also  in  a  cow  and  two  calves. 

James  White's  bill  of  cost,  Hi.  6s.  6d. 

Willm.  Whitel  deposed  concerning  such  matters  as  Samuell 
Pippen  received  of  James  White  when  he  "dyeted"  with  him, 
which  was  ten  months,  etc.  Sworn,  Nov.  29,  1675,  before 
S.  Symonds,!  Dep.  Gov. 

Account  between  Pippen  and  James  White:    a  knife,  20d., 

to  John  Giddens,   18s.;    his  dyet  heere  ten  months,  ;    a 

quarter  of  Befe,  16s.;  a  Caster  hat,  25s.;  7  yards  of  Canvasse, 
at  3s.  6d.  per  yd.,  24s.  6d.;  1  1-2  yd.  Penystone,  at  5s.  4d.  p. 
yd.,  8s.;  2  gallons  of  liquor,  10s.;  for  the  plowing  &  land  of 
an  acre  barley,  10s.;  for  oats  halfe  an  acre,  5s.;  for  a  Jacket, 
13s.;  for  a  paire  of  stockens,  4s.  6d.;  for  a  bushel  of  Indian 
come,  3s.;   for  a  bushel  &  halfe  of  Corne,  4s.  6d.;   a  bushel  & 

halfe  of  Barley,  ;    a  day  of  me  and  my  Cattle  stacking 

hay,  5s.;  halfe  a  day  mowing,  18d.;  the  horse  in  pasture  all 
the  summer,  4s.  Sworn,  Nov.  29,  1675,  by  William  White, 
before  Samuel  Symonds, |  Dep.  Gov.  Affirmed  in  court  by 
James  White. 

tWrit:  Mathew  Nixon  v.  William  Hollingworth;  debt, 
for  wages  upon  a  voyage  to  Verginea  with  said  Hollingworth 
and  one  hogshead  of  tobacco;  dated  24  :  9  :  1675;  signed  by 
Hilliard  Veren,:}:  for  the  court;   and  served  by  Henery  Skerry,^ 

I  Autograph. 


88  SALEM    QUARTERLY    COURT  [NoV. 

Ezekiell  Needham  v.  Edward  Richards.     Withdrawn.* 

Edmond  Berry,  who  married  Eliza,  the  widow  and  execu- 
trix of  Roger  Hascall  v.  Wm.  Hascall,  guardian  of  Roger, 
Josia,  Samuel  and  Sara  Hascall.     Withdrawn. 

Frances  Skerry  v.  Nicholas  Maning.  Debt.  Verdict  for 
plaintiff,  twelve  quintals  of  pollock  and  four  hundred  feet  of 
boards,  t 

Daniell  Weld  and  Richard  Croad,  assigness  of  John  Godfery 
V.  Abraham  Whittaker,  sr.     Debt.     Verdict  for  defendant. t 

marshal  of  Salem,  by  attachment  of  a  parcel  of  wood  in  de- 
fendant's yard  and  two  tables  in  the  house,  and  leaving  a 
summons  at  his  house  with  his  wife. 

*Writ:  Ezekell  Neadham  v.  Edward  Richards;  for  the 
title  to  land  sold  to  plaintiff,  adjoining  Mr.  Thomas  Laughton's 
in  Lin,  part  of  which  is  taken  away  by  the  townsmen  of  Lin; 
dated  Nov.  25,  1675;  signed  by  John  Fuller,§  for  the  court; 
and  served  by  Daniell  Gott,§  constable  of  Lynn. 

fWrit,  dated  24  :  9  :  1675,  signed  by  Hilliard  Veren,§  for 
the  court,  and  served  by  Henery  Skerry, §  marshal  of  Salem, 
by  attachment  of  the  workhouse,  his  forge,  shop,  and  land. 

Bond,  dated  Dec.  7,  1674,  pollock  and  boards  to  be  given 
by  Nicholas  Maning§  of  Salem,  gunsmith,  to  Francis  Skerry 
of  Salem,  in  consideration  of  a  stone  horse.  Wit:  John 
Smith§  and  Thomas  (his  mark)  Brocket.     Sworn  in  court. 

Frances  Scary's  bill  of  cost.  Hi.  17s.  2d. 

Henery  Skerry,  aged  above  seventy  years,  deposed  that 
he  went  to  Nicholas  Maning,  by  his  brother's  order,  to  de- 
mand the  bill,  but  Maning  refused  to  pay  it.     Sworn  in  court. 

I  Writ:  Daniel  Weld  and  Richard  Croade,  assignees  of 
John  Godfrey  v.  Abraham  Whittacre,  sr.;  debt  of  121i.  due 
with  interest  in  specie  or  four  cows  and  a  heifer  with  increase, 
as  per  bond  dated  Nov.  22,  1669,  which  was  assigned  to  said 
Wels  and  Croade  by  said  Godfrey  during  his  sickness  for 
what  they  had  done  for  him  or  might  do  for  him  while  he 
lived;  dated  Nov.  19,  1675;  signed  by  Tho.  Leaver, §  for  the 
court;   and  served  by  Robert  Clement, §  constable  of  Haverall. 

Abraham  Whitaker's  bill  of  cost.  Hi.  5s. 

Deed,  dated  July  24,  1675,  given  by  John  (his  mark)  God- 
frey! |  to  Dr.  Daniell  Weed  and  Richard  Croade,  in  considera- 
tion of  attendance  in  his  sickness,  for  two  oxen  now  running 
upon  Salem  common,  which  were  formerly  let  out  to  \^'illiam 
RendoU;  two  oxen  and  two  cows  in  the  custody  of  Abraham 
Whittacre  at   Haverill;     100  acres  of  land   at  Haverill,   lying 

SAutograph.  ||Seal. 


1675]  RECORDS    AND    FILES  89 

Mr.  Ed.  Batter  v.  John  Pease.     Withdrawn. 

John  Laighton,  complained  of  for  running  away  after  being 
impressed  for  the  service  against  the  Indians,  and  alleging 
that  another  man  was  sent  to  serve  in  his  room,  who  was 
accepted  by  him  who  had  the  present  command,  but  court 
considering  that  he  ought  to  have  brought  his  discharge  under 
the  officer's  hand,  ordered  that  he  be  freed  from  the  penalty 
the  law  requires,  but  pay  all  the  charges  of  this  prosecution. 

Joseph  Armitage  acknowledged  judgment  to  Mr.  John  Ruck, 
for  rent.* 

James  Pickman  and  Christopher  Gibbs  acknowledged 
judgment  to  Capt.  John  Corwin. 

Mary  Trebe,  widow  of  John  Trebe,  deceased,  was  ap- 
pointed administratrix  of  his  estate.  She  brought  in  an  in- 
ventoryt  and  the  two  daughters,  Elizabeth  and  Sara,  were 
ordered  to  have  41i.  each  at  age  or  marriage,  and  the  house 
and  land  to  stand  bound  for  the  payment. 

above  Mr.  Ward's  land,  bounded  upon  Goodman  Sachell's 
land  on  the  south,  on  Goodman  Eaton's  on  the  north,  on 
the  west  and  east  by  four  trees  marked  S,  two  of  which  are 
on  the  corner  next  to  the  river  and  two  on  the  other  corner 
chopped.  Wit:  Peter  CheeverJ  and  John  Cooke. J  Re- 
corded in  Salem,  book  4.  folio  122,  Aug.  1,  1675,  by  Hilliard 
Veren,t  recorder.  Sworn.  31  :  5  :  1675.  before  Wm.  Hath- 
orne.J  assistant. 

Peeter  Cheevers,  aged  about  thirty-two  years,  and  John 
Cooke,  aged  about  twenty-eight  years,  testified  that  they 
saw  the  deed  signed  when  Godfrey  lay  sick  at  the  house  of 
Richard  Croade,  etc.     Sworn  in  court. 

Bond,  dated  Nov.  22,  1669.  given  by  Abraham  WhitickerJ 
of  Haverhill  to  John  Godfry,  for  12Ii.  in  corn,  wheat,  r3^e  and 
Indian  corn,  etc.  Wit:  Sam.  SimondsJ  and  Elisebeth  Si- 
monds.t  Sworn,  Sept.  13,  1673,  before  Nath.  Saltonstall.J 
commissioner. 

*Bond  of  Joseph  Armitage, J  dated  Sept.  23,  1675,  to  Mr. 
Jno.  Ruck  of  Salem.  Wit:  Henery  Skerry,  sr.t  and  John 
Higginson.  jr. J 

tinventory  of  the  estate  of  John  Treble,  deceased,  appraised 
Nov.  24,  1675,  by  John  Peach,  sr.t  and  James  Dennes:  house 
and  ground,  401i". ;  4  Swine,  Hi.  lOs.;  calfe,  12s.;  fether  bed, 
one  Bolster,  2  pillowes,  31i. ;   pare  of  Blankets,  16s. ;   one  Rugg, 

1  Autograph. 


90  SALEM    QUARTERLY    COURT  [DeC. 

Benjamin  Joanes  acknowledged  judgment  to  William  Sear- 
gent.* 

Court  adjourned  to  the  21st  of  the  next  month  at  one  o'clock. 

John  Patch,  aged  about  fifty-seven  years,  deposed  that  the 
bound  tree,  formerly  the  corner  bounds  of  James  Patch,  which 
ig  now  Richard  Thistle's,  stands  at  the  foot  of  the  hill  of  rocks, 
which  is  the  southwest  corner  bound,  and  said  Patch  marked 
it  with  his  own  hands.  Sworn,  1  :  10  :  1675,  before  the  wor- 
shipful Samll.  Simonds,  Dep.  Gov.,  and  Maj.  Wm.  Hathorne. 

Court  held  at  Salem,  21  :  10  :  1675,  by  adjournment. 

John  Fisk,  assignee  of  the  committee  of  Salem  for  the 
building  of  the  meeting  house  v.  Christopher  Babadg.  Special 
verdict.  If  the  law  of  the  country  concerning  constables 
collecting  rates,  with  the  warrant  of  the  selectmen  of  Salem 
at  the  foot  of  said  rate,  and  the  committee's  assignment  unto 
John  Fisk,   also  the  said   constable  accepting  it  makes   him 

10s.;  2  Curtains,  6s,;  Cabbin  Bed  and  Blankets,  15s.;  2 
Chears,  5s.;  spining  wheel,  3s.  6d.;  3  Barrills,  4s.;  a  Coate, 
wastcoat.  Breeches  &  Drawers,  Hi.  5s.;  a  sea  Coate  &  Breeches, 
7s.;  4  pare  sheets  &  an  odd  one,  41i.  14s.;  5  pare  pillow  beres, 
2h.  5s. ;  6  Napkins  &  a  Table  Cloth,  18s. ;  3  old  Shurts  &  3  old 
pare  Drawers,  Hi.;  a  Chest,  3s.  6d.;  a  Leverre  Coubert, 
Hi.  15s.;  Trundle  Bedstead,  6s.;  Table  and  2  Joynt  stooles, 
12s.;  4  Cheares,  6s.;  Chest  &  2  Boxes,  10s.;  2  Coubert  Cush- 
ings,  5s.;  Little  small  table,  3s.;  new  Caster  hatt,  13s.;  2 
Coats,  a  pare  Breeches  &  wastcoate,  21i.  10s.;  pare  shoose, 
3s.  6d.;  5  pare  stockins,  10s.,  2  pare  Gloves,  3s.  6d.;  a  Casse 
and  5  Botles,  2s.  6d.;  Cradle,  5s.;  pare  small  Iron  Doggs, 
6s.;  a  Cruck,  fire  shovell  &  Tongs,  6s.;  spitt  &  Gridiron, 
4s.  6d.;  pare  Bellows,  Is.;  2  Iron  pots  <fe  pott  hooks,  15s.; 
Iron  kettle,  8s.;  2  Brace  Kettels  &  a  Brace  skellit.  Hi.  10s.; 
percell  yerthen  ware,  8s.;  6  peuter  Dishes  &  a  sauser,  Hi.; 
2  pewter  pots,  a  Bowl  &  a  puter  Botle,  6s. ;  8  peuter  porringers 
and  a  little  skillet,  10s.;  6  spoones  &  a  Latten  Dripen  pann, 
2s.  6d.;  an  hour  Glase  &  Looking  Glace,  2s.  6d.;  Smoothing 
Iron,  Is.  6d.;  4  Tubs  &  a  Bucket,  4s.;  one  Gun,  Hi.;  sword, 
Belt  &  Bandilears,  12s.;   total,  741i.  lis.  6d. 

*Bond,  dated  May  29,  1675,  of  Benjamin  (his  mark)  Jones 
of  Gloster,  husbandman,  to  William  Sargent,  sr.,  of  Gloster. 
Wit:    Andrew  Sargantj  and  William  Sargant.f 

t  Autograph. 


1675]  RECORDS    AND    FILES  91 

liable,  they  find  for  plaintiff,  1301i.  according  to  covenant  or 
to  gather  up  the  remainder  of  this  rate  in  six  months'  time; 
otherwise,  for  defendant.  Court  gave  judgment  for  plaintiff. 
Appealed,  and  defendant  bound,  with  Capt.  George  Corwin 
and  Mr.  Edmond  Batter  as  sureties.* 

*Writ,  dated  23  :  9  :  1675,  signed  by  Thos.  Fiske,t  for  the 
court,  and  served  by  Henery  Skerry, f  marshal  of  Salem,  by 
attachment  of  the  house  and  land  of  defendant. 

John  Fisk's  bill  of  cost,  21i.  Is.  8d. 

Orders,  dated  22  :  11  :  1673,  given  by  George  Corwin, t  Edm. 
Batter, t  Wm.  Browne,  jr., f  and  Jno.  Corwinf  to  the  constables 
of  Salem:  "Wee  whoe  are  apoynted  &  Impowered  to  pay  for 
the  buildinge  of  o'  new  meetinge  house  doe  by  these  p''sents 
Assigne  ou''to  m""  Jno.  Fisk  as  our  Ord'"  for  the  Receiue  of  what 
is  deliu''ed  to  the  seu"^  all  Constables  to  Colect  Exceptinge  what 
he  hath  already  Receiued,  and  also  what  wee  haue  taken  upon 
o""  owne  Acc*^  in  part  of  what  is  due  to  ©''selues  for  what  is  due 
from  the  said  fisk  for  goods  taken  up  from  us,  to  haue  the  seu'- 
all  sumes  wh.  are  specified  upon  the  seu^'all  Rats  and  to  be  paid 
to  him  one  third  part  in  siluer:  one  third  in  goods  &  one 
third  part  in  pulsions."     Warrant  for  the  collection  of  rates. 

Copy  of  agreement,  dated  Jan.  22,  1673,  between  Capt. 
George  Corwin,  Edmund  Batter,  John  Corwin  and  William 
Browne,  jr.,  on  the  one  part,  and  John  Fiske  of  Wenham, 
carpenter,  on  the  other  part,  that  for  12011.  to  be  paid  them 
by  said  Fiske,  in  behalf  of  the  town  of  Salem,  in  the  same 
specie  that  was  in  his  contract  for  building  the  meeting  house 
in  Salem,  together  with  the  payment  of  the  several  sums 
which  each  of  them  had  disbursed  more  than  what  they  had 
gathered,  they  discharged  said  Fiske  of  his  contract  and  he 
them  of  their  engagement;  Fiske  also  agreed  to  make  a  flight 
of  stairs  up  to  the  scuttle  in  the  roof  of  the  meeting  house, 
that  the  plastering  work  as  per  agreement  with  the  plasterer, 
should  be  completely  finished,  the  underpinning  pointed  with 
white  lime;  Fiske  was  to  have  what  was  behind  in  the  rates, 
he  to  collect  them  himself  with  the  help  of  the  constables, 
and  whatever  else  is  given  by  way  of  gratitude  from  them- 
selves or  any  others  from  other  places,  he  should  also  have, 
etc.  Wit:    Walter  Price,  Joseph  Gardner  and  Thomas  Fisk. 

Copy  of  the  rates  taken  from  the  town  records  by  Bartholomew 
Gedney,t  recorder  for  the  selectmen;  Constable  John  Marston's 
part  of  the  meeting  house  rate,  16411.  5s. ;  Constable  Christopher 
Babadg's  part,  15011.;  Constable  John  Pease's  part,  15511.  7s. 

Thomas  Fiske  deposed  that  John  Fisk  came  to  Constable 

tAutograph. 


92  iSALEM    QUARTERLY    COURT  [DeC. 

('apt.  Thoma«  Marshall  and  Be'njamin  Parmiter  had  their 
former  licenses  renewed. 

Capt.  George  Corwin,  Mr.  William  Browne,  sr.,  Leift.  John 
Price,  Mr.  Edmond  Batter,  Mr.  John  Ruck,  John  Procter, 
Mr.  John  Gedney  and  Mr.  Bartholmew  Gednej-  had  their 
licenses  renewed. 

Phillip  No  well  dying  at  sea,  intestate,  Mr.  Habbackuck 
Turner  was  appointed  administrator  of  his  estate,  who  made 
oath  to  the  inventorj^  of  the  estate  left  aboard  the  ship,  and 
was  ordered  to  bring  in  the  perfected  inventory  to  the  next 
Salem  court.* 

Babadg  to  demand  him  to  gather  the  meeting  house  rate 
several  times  and  he  neglected  to  distrain  when  he  went  with 
him.     Sworn  in  court. 

Special  verdict  returned. 

^'Inventory  of  the  estate  of  Phillip  Nowell,  taken  by  Habb. 
Turner:!  two  blankits,  7s.  6d.;  1  wastcoate,  5s.  9d.;  a  coate 
and  wastcoate,  8s.;  a  payre  of  shoos,  5s.  6d.;  a  bed  sack  and 
two  shurts,  12s.;  a  wastcoate  and  drawers,  15s.;  a  coate  and 
britches,  Hi.  18s.;  a  coate  and  wastcots,  19s.  6d.;  wastcoat 
and  briches,  17s.;  a  coat  and  Chest,  16s.  6d.;  5  1-2  mo.  wages 
at  30s.  p  mo.,  81i.  5s.;  to  5  1-2  yds.  of  corse  carsey,  16s.  6d. ; 
2  hhs.  of  brandy,  201i.;  1  quarter  cask  of  brandy,  51i.;  a  small 
burding  peace,   lOli.  10s.;    total  411i.   16s.  3d. 

Inventory  of  the  estate  of  Phillip  Nowell,  not  brought  in 
by  Mr.  Turner,  taken  by  Richard  Croade,t  John  Beckettf 
and  John  Palletf  (also  Pollard)  brought  in  by  Wm.  Dicer, 
money  in  william  Dicer's  hands,  51i.;  in  my  hands,  for  fish 
received  of  Good.  Buckly,  Hi.;  due  from  John  Archer,  Hi.; 
due  by  Richard  Flinder,  10s.,  due  by  Richard  Maber  &  from 
Jon.  Cliford,  10s.,  Hi.;  due  for  10  pr.  of  stockins  sold  to  Hen. 
Rich,  at  2s.  6d.,  Hi.;  due  from  John  Pollard  for  2  1-4  yds. 
carsy,  5s.  7  l-2d.;  due  from  John  Pollard  for  2  pr.  woemen's 
stockins,  3s.;  due  bj^  Mr.  Habbacuck  Turner,  bookes,  bed- 
ding &  Cloathes,  wch  as  I  am  Informed  were  sold  at  ye  mast  as 
ye  manner  of  the  sea  in  such  cases  is,  71i.;  3  ver^^  large  Hogsds. 
of  brandy  wch  ye  sd.   mr.   Habbacuck  Turner  must  give  ac- 

compt  of,  ;    in  the  custody  of  Mrs.  Mary  English,  1  wt. 

Jackett  new,  I  new  wascoat,  I  black  castor  Hatt  almost  new, 

;    in  my  custody,   10  pr.  womens'  stockens  at  18d.,  15s.; 

1  pr.  of  drawers,  3s.;  1  paceboard  Hatt  case,  Is.;  2  1-2  yrds. 
red  carsey  at  2s.  6d.  per,  5s.  7d.;  1  pr.  old  worsted  stockins, 
Is.  6d.:    2  neck  cloaths,  2s.  6d.     A  chest  left  in  my  hand,  as 

tAutograph. 


1675]  RECORDS    AND    FILES  93 

At  Boston,  6:9:  1675,  administration  upon  the  estate  of  Abell 
Oseph,  ship  carpenter,  who  was  slain  in  the  wars  with  Capt. 
Lothrop,  was  granted  to  Mr.  Edmon  Batter,  on  behalf  of  and  for 
the  use  of  Jon.  Oseph,  his  brother,  living  in  Bostone  with  widow 
Johnson,  and  Hilliard  Veren,t  clerk  of  the  court,  was  to  pre- 
sent this  to  the  court  at  Salem  for  confirmation,  which  was  done.* 

Capt.  Thomas  Lothrop  being  slain  in  the  war  against  the 
Indian  sand  dying  intestate,  or  not  having  left  a  formal  will, 
Bethiah,  his  wife,  was  appointed  administratrix  of  his  estate 
and  she  brought  in  an  inventory.  There  being  some  evidence 
of  what  the  said  Thomas  Lothrop  expressed  concerning  his 
mind  and  will  in  his  lifetime,  the  administratrix  was  ordered 
to  fulfill  it  accordingly.! 

followeth,  2  pr.  old  silver  buttens,  Is.  6d.;  in  money,  41i. 
10s.  7  l-2d.;  1  pr.  of  falce  sleeves  &  a  remnant  of  fustin,  3s.; 
1  loose  broad  cloath  coat,  Hi.;  an  old  pr.  of  drawers,  2s.; 
1  pr.  of  camlett  breeches,  12s.;  1  holland  shirt,  5s.;  5  yds.  wt. 
flanning  at  18d.  p  yd.,  7s.  6d.;  1  pr.  wt.  Jerzey  stockens,  2s.; 
1  new  red  rugg.  Hi.  10s.;  1  new  Ivory  comb,  Is.  3d.  A  very 
smale  pr.  of  stilliards  which  he  left  in  my  house,  &  sd.  they 
should  be  for  the  use  of  the  house,  2s.;  what  is  due  to  him 
from  Mr.  Turner  for  his  wages  ye  Tyme  he  sayled  with  him, 

;    a  smale  pcell  of  pipes  not  valued.     Debts  owing  by 

Phillip  Nowell,  to  me  William  Dicer,  8s.  6d.;  to  Mr.  Jonathan 
Corwin  for  Buttens,  Is.  6d.;  to  the  constable  of  Salem  for 
rates,  to  charges  for  drawing  the  Inventory  &  appraisers, . 

Said  Nowell  was  drowned,  Nov.  15,  1675,  upon  the  coast 
of  New  England,  from  a  vessel  commanded  by  Mr.  Habbacuck 
Turner,  bound  for  Salem  from  France,  and  William  Dicer, 
as  attorney  to  said  Nowell,  petitioned  for  administration  to 
be  granted  to  him  "that  I  may  with  a  good  conscience  make 
an  honest  discharge  vnto  whomsoeuer  of  his  relations  most 
propperly  claymeing  the  due  of  right  thereto." 

*Administration  confirmed  by  Samuel  Symonds,t  Dep. 
Gov.,  and  Daniel  Denison.| 

fPetition  of  Ezekiel  Cheever,  schoolmaster,  to  the  court: 
"Whereas  Capt.  Thomas  Lowthrop,  who  lately  lost  his  life 
in  y^  service  &  cause  of  God  &  his  countrey,  being  his  wives' 
own,  dear,  naturall  brother,  dying  intestate,  &  without  issue, 
he  humbly  conceives  himself  on  y^  behalf  of  his  wife  to  be 
y*  true,  naturall,  proper  heir  of  his  estate  left,  &  therefore  his 
duty  to  make  his  humble  address  to  this  Honoured  Court, 

^Autograph. 


94  SALEM  QUARTERLY  COURT  [DeC. 

that  he  may  declare  &  legally  plead  y^  same.  To  which  end 
II  he  came  ||  &  attended  y*"  court  neer  a  weeks  space,  But  y* 
Court  by  publick  ocasions  of  y^  Countrey  being  necessarily 
adjourned,  he  was  forced  to  return  home,  &  resolved  (God 
willing)  to  attend  y®  Court,  y^  time  appointed.  But  by  y" 
providence  of  God,  y*"  season  being  extraordinarily  stormy,  & 
himself  under  bodily  infirmity,  he  could  not  possibly  come 
without  apparent  hazard  of  life,  limb  or  health.  Yet  had 
cautiously  left  order,  &  instructions  for  his  son  to  appear  for 
him  in  such  an  exigence  which  accordingly  he  did,  though  not 
in  season,  being  by  the  same  providence  also  hindred.  So 
that  the  Honoured  Court  (no  heir  appearing)  granted  Admin- 
istration to  his  sister  Lowthrop,  according  to  what  then 
appeared.  But  seing  y^  estate  was  not  then  setled,  nor  y" 
case  fully  issued,  many  things  alledged  being  dark  &  dubious 
&  nothing  proved,  &  he  hath  much  to  say,  to  invaledate  y* 
very  writing  given  in,  &  y"  seeming  force  of  it.  He  humbly  re- 
quests this  Honoured  Court,  that  being  a  party  so  neerly  con- 
cerned, and  interested,  he  may  have  y^  liberty  of  making  & 
pleading  his  claime,  &  title  according  to  law.  And  for  y« 
better  securing  of  what  shall  be  judged  to  be  his  right,  he  may 
be  joyned  together  with  his  sister  Lathrop  in  administration 
of  ye  said  estate." 

Bethiah  Lowthropp's*  statement:  "My  deare  husband 
neuer  spake  word  to  me  concerning  the  giuing  of  any  of  his 
Land  Lying  in  the  woods  to  his  sister  Cheeuers  her  children. 
But  only  that  Lying  in  the  woods  about  Snake  hill.  But 
seriously  considering  my  deare  husbands  expressions  I  doe 
conclude  he  gaue  the  plaine  &  the  pasture  by  it  together  with 
the  Land  at  Snake  hill  to  his  sister  cheeuer.  for  thus  my  dear 
husband  was  pleased  to  expresse  himselfe  to  me  as  we  Rode 
together  to  wenham  the  last  spring  in  the  week  before  the 
court  of  election.  Speaking  to  mee  concerning  the  disposeall 
of  his  land  as  he  had  formerly  done,  he  said  the  house  Lot  I 
giue  to  the  towne  for  the  use  of  the  ministrey  not  to  any  par- 
ticular person.  But  to  the  town  for  the  use  of  the  ministry 
hoping  it  will  be  an  acceptable  seruice  to  god.  And  as  we 
were  Riding  ouer  part  of  his  Land  belonging  to  Snake  hill 
he  said  this  Land  here  I  intend  for  my  sisters  children  except 
god  take  my  Brother  cheeuer  away  before  my  sister,  then 
it  shall  be  for  her  use  as  long  as  she  liueth,  &  afterward  for  her 
children,  whereupon  I  doe  conclude  he  gave  the  other  land 
mentioned  which  lyeth  but  a  little  way  from  it  to  his  sister, 
else  that  at  Snaak  hill  would  not  be  so  usefull  for  my  sister  if 
god  should  be  pleased  to  take  my  Brother  away  before  her,  & 
so  1  haue  faithfully  declared  what  I  apprehend  was  my  hus- 

*Autograph. 


1675]  RECORDS    AND    FILES  95 

bands  will  &  pleasure  concerning  this  matter  which  he  said 
he  did  intend  to  put  in  writting.  But  the  prouidence  of  god  was 
pleased  to  preuent  it  in  calling  him  forth  upon  public  seruice." 

Bethiah  Lowthropp's*  statement:  "Whereas  it  is  ex- 
pressed By  my  Honoured  Brother  M"^  Ezekiel  Cheeuer  that 
my  deare  husband  did  not  willingly  take  Sarah  gott  into  his 
house  but  was  perswaded  &  preuailed  with  by  others  to  doe 
it,  Humbly  Requesting  leaue,  I  shall  humbly  present  the 
Honoured  Court  with  the  whole  truth  concerning  this  matter. 
When  the  childs  mother  was  dead  my  husband  beeing  with 
mee  at  my  cousins  buriall  &  seeing  our  friends  in  so  sad  a 
condition  the  poore  babe  hauing  lost  its  mother  &  the  woman 
that  nursed  it  being  fallen  sick,  I  then  did  say  to  some  of  my 
friends  that  if  my  husband  would  give  me  leaue  I  could  be 
uery  willing  to  take  my  cousins  little  one  and  nurse  it  for 
him  a  while  till  he  could  better  dispose  of  it.  whereupon  the 
childes  father  did  mooue  it  to  mj^  husband,  my  deare  hus- 
band considering  my  weaknesse  &  the  incumbrance  I  had  in 
the  family  was  pleased  to  Returne  this  Answer,  hee  did  not 
see  how  it  was  possible  for  his  wife  to  undergoe  such  a  burthen, 
the  next  day  their  came  a  friend  to  our  house  a  woman  which 
gaue  suck  &  she  understanding  how  the  poore  babe  was  left 
beeing  Intreated  was  willing  to  take  it  to  nurse  and  forthwith 
it  was  brought  to  her.  But  it  had  not  bin  with  her  3  weekes 
before  it  pleased  the  Lord  to  visit  that  nurse  with  sicknesse 
also  and  the  nurses  mother  came  to  me  desiring  I  would  take 
the  childe  from  her  daughter,  and  then  my  deare  husband 
obseruing  the  prouidence  of  god  was  freely  willing  to  Receiue 
her  into  his  house.  But  she  was  then  Receiued  only  as  a 
nurse  child  &  so  she  Remained  aboue  a  quarter  of  a  yeare 
before  her  father  did  tender  her  to  mj^  husband  to  accept  of 
her  for  his  Adopted  Child." 

Left.  William  Dixie  deposed  that  coming  to  Capt.  Law- 
thrope's  in  the  time  of  his  last  sickness,  Mrs.  Lawthrope  and 
Mrs.  Got  went  out  of  the  room,  and  Capt.  Lawthrope  said 
to  him,  "I  am  glad  you  are  come  for  I  would  have  you  to  take 
notice:  that  I  give  unto  my  wife  all  my  estate  so  long  as  she 
liveth:  and  after  her  decease  I  giue  unto  the  Ministry  of 
Beverly:  my  tenn  acre  lott  at  home  and  my  house  upon  the 
same."  Upon  asking  him  if  he  had  acquainted  his  wife  with 
it,  he  said  he  had  and  that  she  approved  of  it.  Also  he  said 
he  gave  the  ground  in  the  woods  to  his  sister  Chevises  children. 
Sworn  in  court. 

"My  wife  affirms  that  her  brother  hath  oft  spoke  in  her 
hearing  dissatisfiedly  concerning  Noak  Fisk  being  brought 
to  his  house,  when  his  mother  was  very  weak,  &  not  able  to 

*  Autograph. 


96  SALEM  QUARTERLY  COURT  [Dec. 

look  after  him  being  very  weak  also,  y*  he  never  knew  vipon 
w'  termes  he  kept  him,  &  wondred  what  they  did  intend  to 
do,  she  saith  Lieut.  Dixey  told  her,  my  brother  told  him  when 
he  had  brought  him  up  fit  to  go  to  apprentice,  he  had  done, 
he  should  do  no  more."     [Testimony  of  Ezekiel  Cheever?] 

Reasons  for  the  claim  of  the  wife  of  Ezekiel  Cheever:  ''1. 
It  does  not  appear,  that  my  brother  ever  set  himself  seriously, 
as  the  thing  requires,  to  make  his  last  will.  But  all  that  is 
said,  is,  that  he  expressed  such  and  such  purposes  at  such 
times,  but  purposes  and  actions  are  different  things.  2.  No 
man  but  in  case  of  absolute  necessity,  when  he  is  surprized  by 
sudden  weaknes  and  inability,  will  make  such  a  nuncupative 
will,  and  then  he  will  do  it  in  the  surest  and  strongest  way  that 
may  be,  by  positive  and  peremptory  declaring  it  his  last  will, 
and  confirming  it  by  sufficient  witnesses  that  are  legall.  But 
in  this  case  no  such  thing  is  found.  3.  The  persons  testi- 
fying in  this  case  are  persons  concerned  and  interested,  and 
not  so  competent  witnesses  in  law  in  any  case,  much  lesse  in 
such  a  weighty  one,  as  a  last  will  and  testament.  Beside  they 
agree  not  in  their  testimony,  but  in  some  things  directly  con- 
tradict each  other,  which  does  demonstrate  that  either  they 
mistook  my  brother,  and  he  never  expressed  such  purposes 
and  desires,  or  that  his  purposes  and  desires  altered.  4.  It 
seems  to  be  an  act  of  prudent  and  deliberate  choice  in  my 
brother  not  to  make  a  will  For  (1)  He  was  oft  importuned  to 
it  by  my  sister,  but  did  it  not.  (2)  He  had  Avarning  of  death 
by  a  long  and  dangerous  sicknes  last  winter,  in  which,  after 
some  degree  of  recovery,  he  had  severall  relapses.  (3)  After 
that  by  the  mercy  of  god  he  was  recovered  to  perfect  health, 
he  had  time  sufficient  for  such  a  work,  if  he  had  judged  it 
expedient.  5.  I  conceive  that  the  true  reason  of  his  not 
making  a  Avill  was,  he  could  not  do  for  his  own  sister,  and  her 
children,  what  he  thought  was  most  just  and  right,  and  they 
might  be  likely  to  need  after  the  decease  of  his  brother  Cheever; 
but  he  should  displease  his  wife,  and  her  relations,  who  would 
be  expecting  more,  though  he  had  done  in  his  lifetime  so 
much  for  them:  and  nothing  for  his  sister  and  her  children. 
And  he  well  knew  the  equity  and  justice  of  the  law  which 
makes  provision  for  the  Avidow  and  the  next  of  kin,  but  nothing 
for  strangers,  as  also  the  faithfullnes  of  the  magistrates  in 
doing  things  according  to  law.  6.  The  matter  which  they 
testify  is  so  unjust  and  unreasonable,  that  none  that  knew 
my  brothers  goodnes  and  love  will  beleive,  that  my  brother 
would  be  so  unnaturall  to  preferr  strangers  before  his  owne 
naturall  sister  and  hei-  children,  whom  he  so  dearly  loved, 
as  many  that  knew  them  ])oth  can  abundantly  testify.  7. 
My  Brother,  when  he  brought  his  sister  from  England  Avith 


1675]  RECORDS    AND    FILES  97 

him  from  all  her  friends  and  relations  very  loth  to  part  with 
her,  used  this  as  a  great  argument  with  her  Mother  to  per- 
swade  her.  Viz:  That  he  had  no  children  of  his  own,  nor 
was  likely  to  have  any:  and  otherwise  he  must  give  what  he 
had  to  strangers.  And  her  mother  told  this  to  friends  in  her 
hearing,  that  that  was  a  great  motive  that  induced  her  to  be 
willing  to  part  with  her;  and  commited  her  to  the  love,  and 
care  of  her  brother  as  a  Father,  with  great  confidence  and 
assurance  of  his  tendernes  toward  her.  8.  His  sister  by 
coming  over,  lost  the  value  of  twenty-five  pound,  beside 
what  her  mother  would  have  given  her  at  her  decease.  9. 
My  brother  having  one  of  their  relations  with  him  already, 
viz.  Noah  Fisk  whom  he  brought  up  from  a  little  one  was 
unwilling  to  take  Sarah  Gott:  but  was  importuned,  and  pre- 
vailed with  to  take  her,  not  upon  loose  terms,  as  he  did  the 
other,  but  as  his  own:  so  that  her  father  might  not  have 
power  to  take  her  away  from  him,  when  she  might  grow  up 
to  be  serviceable,  as  is  oft  done  in  such  cases.  As  for  her 
calling  them  father  and  mother,  it  is  no  more  but  what  is 
ordinarily  done  to  nurses  or  servants,  and  what  another, 
whom  he  had  brought  up  before,  was  used  to  do,  who  went 
away  from  them,  when  she  might  have  been  serviceable  to 
them.  My  sister  brought  no  estate  with  her,  as  I  ever  heard 
of,  hath  no  charge,  her  husband  by  her  own  confession  gave 
her  none  of  ye  land  to  dispose  of  as  her  own." 

Inventory  of  the  estate  of  Capt.  Tho.  Lathrop  of  Beverlye, 
who  died  in  the  wars  betwixt  the  English  and  the  heathen, 
taken  Nov.  11,  1675,  by  Paul  Thorndike*  and  John  Hill:* 
his  wearing  Apparrill,  yt  of  it  which  was  most  Considerable 
hee  had  along  with  him  i  nto  the  service,  &  that  which  re- 
mained at  whom,  41i.  17s.  6d.;  1  fether  Bed,  1  Boulster,  2  pil- 
lows, 51i.  10s.;  1  flock  Bed  &  pillow,  Hi.  10s.;  1  Rug,  1  Covering, 
1  sett  of  Curtins  &  vallans,  1  Bedstead  &  matt,  61i.  15s.;  2 
fether  Beds,  3  Boulsters,  81i.;  1  Rug,  1  Covering,  2  pillows, 
21i.;  1  Cabbin  Bedstead,  1  Curtin,  1  Curtin  rod,  1  Trucle 
bedstead,  18s.;  1  Flock  bed,  1  Boulster,  1  Truckle  bedstead, 
1  Covering,  1  Blankit,  Hi.  10s.;  1  fether  bed,  1  Boulster,  5 
pillows,  1  Rug,  1  Blanket,  91i.  5s.;  1  Bedstead,  1  set  of  Cur- 
tains, Curtin  rods  &  mat,  31i.  4s.;  9  pare  of  sheets,  1  single 
sheet,  4  pillow  beers,  91i.  13s.;  Table  Lyning,  with  some  other 
Lining,  Hi.  14s.  6d.;  Puter,  2  silver  Cups,  1  silver  spoone, 
4H.;  Monj^es,  Hi.  10s.;  Brass,  61i.  8s.;  2  Carts,  1  pare  of 
wheels,  1  plow,  1  pare  of  fetters  with  appurtenances,  4li.;  2 
oxes,  1  Ads.  1  pare  of  Andirons,  some  tools  &  Lumber,  Hi. 
15s.  6d.;  iron  potts  &  ketles,  pot  hookes,  fire  shovell  &  tounges, 
hakes,  Trevit,  1  iron  morter  &  pestle  &  Tinn  ware,  41i.  3s.; 

*Autograph. 


98  SALEM    QUABTERLY    COURT  [DeC. 

Thomas  Cleark  and  his  wife,  presented  for  fornication  be- 
fore marriage,  were  ordered  to  be  whipped  or  pay  a  fine.* 

The  will  of  Richard  Prince  was  proved  and  an  inventory 
allowed.! 

Trunkes,  chests,  Tables,  cheers,  stooles  &  formes,   Hi.   10s.; 

1  Lookeing  glass,  Barrills  &  Lumber,  17s.  6d.;    1  Brass  ketle, 

2  Fryeing  panns,  7s.;  Bookes,  21i.  8s.  6d.;  40  Bushels  of  Bar- 
lie,  12  Bushell  of  Rye,  lOli.  8s.;  7  Bushels  of  Gates,  50  Bushels 
of  Indian  Corne,  81i.  6s.;  6  swine,  71i.;  sheepe,  31i.  10s.;  neat 
Catle,  271i.  10s.;  the  house  Lott  in  estimation,  being  ten  acres 
with  the  houses  &  orchard  uppon  it,  1301i.;  23  acres  in  esti- 
mation Lyeing  in  the  plaine,  joyning  or  neare  adjoining  to  the 
house  Lott,  1031i.  10s.;  20  Acres  of  Land  Lyeing  at  an  hill 
called  snake  hill,  301i.;  6  acres  of  medow  Lyeing  by  Samll. 
Cornish  his  farme,  271i.;  1  acre  &  halfe  of  salt  marsh  neare 
Richard  Leeches  on  Royall  syde,  lOH.  10s.;  Haye,  71i.  10s.; 
1  pare  of  scales  &  1  Handvise,  4s.  6d.;  A  farme  which  was 
Major  Hathornes  land  &  medow,  98  acres,  981i.;  A  Farme 
which  was  Capt.  Davinports  lancl  &  medow,  74  acres,  791i.; 
Fifteene  acres  of  Land  Lying  by  CrumAvells  medow,  151i.; 
sixtye  acres  of  Land,  601i.;  In  Horse  kinde,  201i. ;  In  cash 
Received  uppon  the  account  of  my  housbands  wages,  91i. 
13s.;  total,  7341i.  4s.  Debts  due  the  estate,  41i.  14s.  Debts 
due  from  the  estate,  501i.  3s.  3d. 

^Elizabeth  (her  mark)  Kitchen,  aged  about  fifty-three 
years,  deposed  concerning  the  child,  and  Elizabeth  Clifford 
testified  that  she  was  present  at  the  birth  of  the  child,  etc. 

fWill  of  Richard  Prince,J  sr.,  of  Salem,  aged  about  sixty-one 
years,  dated  21  :  7  :  1675,  and  proved  by  Stephen  Daniell§ 
and  Edw.  Norrice:§  "I  give  and  bequeath  vnto  my  sonne 
Joseph  Prince,  the  one  halfe  of  the  Ten  acre  lott,  bought  of 
William  Lord,  Senior,  I  say  the  one  halfe  of  that  part  of  the 
lott  that  lyeth  South  ward,  &  so  from  the  highway  westward 
to  the  end.  Also  I  giue  vnto  him  halfe  an  Acre  of  marsh  ground 
more  or  lesse,  lying  at  the  further  side  of  the  south  field  of 
Salem,  Joyneing  on  the  one  side  to  an  Acre  of  marsh  of  goody 
Lemmans  that  was  &  butting  on  m''  George  Gardners  upland. 
Item.  I  giue  vnto  my  sonn  Samuel  Prince,  the  other  part 
of  the  ten  Acre  lott  which  I  bought  of  goodman  Lord,  lying 
NorthAvard,  &  running  from  the  high  way  to  the  end  westward. 
Also  I  giue  vnto  him  that  halfe  acre  of  marsh  ground,  more 
or  lesse,  lying  neere  the  bars  that  goeth  out  of  y"  South  field. 

"Also  I  giue  vnto  my  sonne  Samuel  my  now  dwelling  house, 
with  my  warehouse  &  barne,  &  all  the  houseing  theireto  aper- 

tAutograph  and  seal.  §Autograph. 


1675]  RECORDS    AND    FILES  99 

tayiiing,  with  the  ground  whereon  the  said  dwelling  house 
standeth,  from  the  front  or  street  Eleuen  pole  downeward 
towards  y*'  North,  &  adioying  to  his  brother  Richards  grounds 
on  y^  East,  &  his  broth"^  Jonathan  on  y^  North,  Item  I  giue 
&  bequeath  vnto  mj-  sonne  Richard  Prince,  a  fine  acre  lott, 
Ij'ing  in  the  South  field  of  the  Towne,  neere  Joseph  Hardye, 
fine  Acre  lott,  lying  in  the  same  field 

"Also  I  giue  vnto  him,  out  of  that  lott  that  my  dwelling 
house  standeth  on,  two  pole  &  an  halfe  in  bredth  front  to  the 
streete,  namely  of  the  ground  betweene  my  dwelling  house 
&  the  land  of  M'^  William  Browne,  junior,  &  adioyneing  next 
to  y^  land  of  y^  said  William  Browne  on  the  East,  &  Contayn- 
ing  in  Length  Eleuen  pole  downward  into  y®  orchard,  I  giue 
vnto  my  sonne,  Jonathan  Prince,  the  other  part  of  the  Ten 
Acre  lott,  that  I  bought  of  goodman  Lord,  lying  from  the 
highway  Eastward  the  whole  bredth.  Also  I  giue  vnto  him, 
halfe  an  Acre  of  marsh  grounds,  more  or  lesse,  knowne  by 
the  name  of  Wallers  halfe  acre.  Moreouer  I  giue  vnto  him 
the  remainer  of  that  ground  on  which  my  dwelling  house 
standeth,  that  is  the  North  part  of  my  orchard  Contayning 
the  whole  bredth  of  it,  adjoyneing  to  the  end  of  his  brother 
Samuell  &  Richards  ground,  &  so  to  the  land.  Item,  I  giue 
&  bequeath  vnto  my  daughter  Mary  Daniel  Twenty  pounds, 
to  be  paid  after  my  decease  &  after  the  decease  of  my  wife 
Item  I  giue  vnto  my  two  Grandchildren,  Steven  &  Mary 
Daniel,  Five  pounds  apiece,  to  be  paid,  after  my  Decease  in 
money. 

"Lastly,  I  leaue  &  ordaine  my  sonn  Joseph  Prince  to  be 
the  sole  Executore  of  this  my  last  will  &  Testament  Haueing 
in  his  hands  all  the  remainer  of  my  Estates  to  beare  y*=  Charge 
of  maintaying  my  Avife  after  my  decease  Avhom  I  giue  and 
Committ  to  his  Care  to  be  maintained  the  whole  tj^me  of 
her  naturall  life.  And  after  her  death,  those  Legacj^es  being 
paid  to  my  daughter  &  her  Children,  &  with  my  debts  and 
funerall  Charges,  what  remaines  of  my  Estate  upon  true 
Inventory  taken,  my  will  is  that  it  be  divided  into  four  equall 
parts,  &  my  four  sonns  to  haue  each  of  them  his  share  of  it 
And  I  intreat  my  loueing  friends  —  Bartholmew  &  M''  Joseph 
Grafton,  sen'  to  be  ouerseers  of  this  my  last  will  &  Testa- 
ment."    Wit:   Stephen  Daniell*  and  Edw.  Norrice.* 

Inventory  of  the  estate  of  Mr.  Richard  Prince,  sr.,  of  Salem, 
taken  Oct.  21,  1675,  by  Joseph  Grafton*  and  Francis  Skerry:* 
bed,  boulster,  pillow.  Coverlet  &  blankets,  with  bedsted  & 
Curtaines,  as  it  stands,  71i.;  bed,  boulster.  Covering,  blanket 
41i.;  bed,  boulster,  3  blankets,  rug,  bedsted,  41i.;  bed,  boulster, 

*Autograph. 


100  SALEM    QUARTERLY    COURT  [DeC. 

John  Creasy  chose  Joseph  Bacheler  as  his  guardian,  and  it 
was  allowed. 

Robert  IngoUs,  presented  for  fornication  before  marriage, 
was  sentenced  to  be  whipped  or  pay  a  fine,  and  his  wife  was 
to  appear  at  the  next  Salem  court. 

Robert  Lavis,  presented  for  cutting  wood  in  the  street, 
on  the  public  fast,  was  dismissed  with  costs. 

pillow,  rug,  blanket,  bedstead,  71i.  10s. ;  10  pair  of  sheets,  61i. ; 
30  yards  of  Cotton  &  Lining  Cloth,  31i.;  3  yards  of  Cotton 
&  Lining  Cloth,  12s.;  2  pair  of  pillowbeares,  12s.;  4  bord- 
clothes,  IH.  4s.  2  Corse  bordclothes,  &  six  napkins,  8s.;  2 
Trunkes,  12s.;  1  Chist,  Hi.  5s.;  4  Joynt  stoles,  8s.  4d.;  Chaires, 
12s.;  1  table,  14s.;  2  tables.  Hi.;  2  old  Chists,  2  old  boxes, 
3s.;  2  whells,  6s.;  1  pr.  Cards,  2s.;  3  yd.  Cearsie,  Hi.  15s.; 
2  grosse  butons,  8s.;  a  psell  silke,  16s.;  16  bushels  Indian 
Corne,  21i.  8s.;  2  old  brasse.  Hi.;  1  old  bras  pot,  a  skillet  & 
Chafeing  dish,  12s.;  2  Iron  pots  &  a  skillet,  13s.;  1  bell  metell 
morter  &  pestill,  8s.;  1  small  bras  scelles  &  waits,  8s.;  1  fry- 
ing pan.  Is.;  warming  pan,  6s.;  12  platers,  31i.  7s.;  2  basons, 
one  Culender  &  2  pots,  24s.;  6  peces  of  old  puter,  14s.;  2 
small  puter  pots  &  a  Chamber  pot,  8s.;  6  porengers,  7s.; 
fouer  puter  Candell  stickes,  8s.;    4  sasers,  2s.;    1   Lanthorn, 

2  dripin  pans  &  2  Candellstickes,   9s.;    Earthen  weare,  8s.; 

3  old  tables  &  an  old  Cobart,  Hi.;  7  Chaires,  12s.;  Iron  ware, 
18s.;  small  bag  Cotton,  41i.  17s.;  7  Lod  hay,  71i.;  1  horse  & 
an  old  mare,  31i.;  2  Cowes,  71i.;  1  hog,  21i.;  4  paier  sheares, 
2  Irons,  10s.;  one  smothing  Iron  &  heats,  2s.;  1  pr.  bellows, 
Is.;  books,  lli.  10s.;  1  gun  &  sword,  Hi.;  4  spones  &  2  old 
small  Cupes,  21i.;  Monie,  901i.;  15  Akors  of  upland  &  An 
Acre  of  Salt  marsh,  761i.;  the  house  &  ground  belonging, 
13011.;   the  Cloths,  51i.  10s.;   total,  3861i.  18s. 

Debts  owing  Richard  Prince:  Capt.  Georg  Corwin, 
51i.;  Mr.  Graves,  21i.  2s.  6d.;  Nath.  Beadell,  21i.  8s.  4d.;  James 
Powland,  19s.  6d.;  Capt.  Price,  31i.  6s.;  Mathew  Standly,  Hi.; 
John  Gardner,  lli.  10s.;  Thomas  Gardner,  Hi.  10s.;  Daniell 
King,  lli.  4s.  9d.;  John  Grafton,  31i.;  John  Watters,  12s.; 
Francis  Scurrie,  Hi.;  Tho.  Ives.  Hi,;  Samuell  Willyams,  Hi.; 
Capt.  More,  21i.  7s.;  Jacob  Barnie,  19s.;  Samuell  Pittman, 
lli.  10s.;  John  Brown,  lli.  17s.;  Mark  Bacheler,  10s.;  Mr. 
Bartholmu,  51i.;  Robart  Hodg,  18s.;  Abraham  Bartholmu, 
lis.;   Sam.  Gachell,  16s. 

Richard  Prince  debtor:  to  Willj^am  Brown,  senr.,  51i.  Is. 
5d.;  Phillip  Cromell,  41i.  15s.  6d.;  Willyam  Brown,  21i.; 
Manasah  Merston,  5s.;   John  Holmes,  Hi.;   total,  131i.  Is.  lid. 


1675]  BECORDS    AND    FILES  101 

Joseph  Gatchell,  for  speaking  reproachfully  and  contemp- 
tuously against  this  government,  was  to  stand  committed 
until  the  next  lecture  day  and  then  to  be  whipped  or  pay  a 
fine  and  costs  to  the  constable  of  Marblehead.* 

Court  hearing  the  case  of  Isaack  Woodberj^  who  was  chosen 
by  the  town  of  Beverly  to  serve  as  constable,  but  refusing  to 
take  the  oath,  and  understanding  that  he  had  not  taken  the 
oath  of  fidelity,  declared  that  he  is  not  capable  of  serving. 
The  clerk  was  ordered  to  issue  another  warrant  for  the  choice 
of  another,  and  said  Woodbery  was  ordered  to  appear  at  the 
next  Salem  court  to  take  the  oath  of  fidelity  or  give  his  reasons 
to  the  contrary.! 

*John  Holms,  aged  about  thirty-five  years,  deposed  that 
being  in  Goodman  Prince's  house  last  night,  he  heard  Joseph 
Gatchell  say  that  "y^  Cause  of  y*"  Judments  of  God  upon  us 
by  Reason  of  y^  wars  was  theire  murthering  of  Quakers  I 
think  they  were  William  Robenson  &  Marmaduk  Stevenson." 
Sworn  in  court. 

Salem  presentment.  Wit:  John  Batchelder  of  Wenham 
and  John  Holmes  of  Salem. 

jReasons  of  Isaak  Woodbery  J  for  not  taking  the  constable's 
oath:  "y®  provedenc  of  God  hath  soe  ordered  It  that  my  Caling 
Is  at  sea  w'^h  as  I  have  done  heretofore  soe  I  must  still  atend 
It  In  a  constant  waj^  the  greatest  part  of  the  year  Constantly 
for  the  providing  for  my  famelj''  as  the  word  of  god  Requires 
therfore  not  Capeable  of  Executing  the  Ofice  In  my  owne 
person  as  the  Law  title  townships:  sect.  5:  Requirs  such  must 
be  as  are  fineable  by  the  towne.  2'^  for  that  I  humbly  Con- 
ceave  the  choice  was  not  Legall  It  being  but  the  product  of  a 
Combination  of  such  persons  as  had  noe  Libertie  by  Law  to 
voat  whoe  went  about  enticing  others  to  voat  for  me  out  of 
a  designe  they  had  against  me  as  I  shall  make  apear  to  yo' 
worships  by  evidences.  3'^  for  that  this  proceding  against 
me  of  bringing  me  befor  the  worshipful  major  hawthorne  to 
take  the  oath  w"  I  had  at  the  time  of  this  choice  declared  to 
them  I  could  not  serve  wheras  If  I  had  been  legaly  Chosen 
and  had  been  able  to  attend  It  In  my  owne  person  and  had 
then  Refused  to  serve  I  humbly  Conceav  that  the  Law  gave 
them  liberty  only  to  fine  me:  but  not  to  molest  or  urg  me 
to  take  the  oath.  4^^  the  like  precedent  Canot  be  produced 
either  In  Salem  or  with  us  for  any  whose  Imploiment  Lies 
wholy  at  sea,  to  be  chosen  to  serve  In  y^  ofice  of  a  Constable. 

lAutograph. 


102  SALEM    QUARTERLY    COURT  [DeC. 

William  Dew,  who  was  slain  in  the  wars  against  the  Indians, 
dying  intestate,  Edward  Bishop,  jr.,  was  appointed  adminis- 

5'y  for  that  If  I  had  taken  the  oath  &  served  the  time  I  shal 
Continue  on  shore  this  winter  w^''  I  humbly  Conceav  the  law 
would  not  have  Compeled  me  further  ther  would  have  been 
Inconveniences  boath  to  the  town  &  Countrie  and  myself 
being  not  Capeable  to  execut  the  ofice  In  my  own  person. 
It  is  not  that  I  would  decline  any  service  to  god  and  the  coun- 
try that  I  am  Capeable  of  for  I  have  now  a  servant  prest 
Into  the  Country  servic  &  I  doe  Redily  and  Cherfuly  yeald 
to  It  &  besides  If  gods  provedenc  order  It  at  any  time  that 
ther  be  any  extraordinary  service  by  sea  we  that  ar  seamen 
shall  be  exposed  to  It  more  then  the  Land  men,  though  we  ar 
equaly  exposed  In  thes  present  expeditions." 

Peeter  Rodgers,  aged  about  sixty-four  years,  deposed  that 
he  being  present  at  Andrew  Tarvise's  house  when  Antoni 
Wood  came  there,  saw  said  Wood  pull  a  great  parcel  of  votes 
out  of  his  pocket  which  he  said  were  for  Andrew  Woodbery, 
He  also  heard  Wood  entice  said  Tarvis  to  take  one  of  the  votes, 
go  to  the  meeting  and  give  it  in  for  said  Woodber3^  Sworn 
in  court. 

Isaac  Woodbery  further  petitioned:  that  he  would  be 
worse  than  an  infidel  in  not  providing  for  his  family,  if  he 
was  forced  to  take  the  office;  that  the  law  saj^s  that  none 
are  qualified  unless  rated  at  80Ii.  and  have  taken  the  oath  of 
fidelity,  which  qualifications  petitioner  does  not  have,  he 
being  poor  in  estate,  etc. 

The  following  freemen  who  had  also  taken  the  oath  of 
fidelity  voted  for  Woodbery:  John  Dodge,  sr.,  Ephraim 
Hericke,  John  Rayment,  sr.,  Roger  Conant,  Exercise  Donant, 
Benjamin  Balch,  sr.,  Will.  Dodge,  sr.,  Zach.  Hericke,  John 
Grover,  Osmond  Traske,  Tho.  Chub,  sr.,  and  Rich.  Stachouse. 

Nathaniel  Hayward,  aged  about  thirty-three  years,  deposed 
that  at  the  town  meeting  at  Beaverly,  he  observed  that  a 
part  of  the  persons  who  voted  had  not  taken  the  oath  of 
fidelity.  Upon  being  asked  who  he  should  vote  for,  he  told 
them,  and  the  party  asking  him  said  he  would  lose  his  vote, 
for  Isak  Woodbery  would  be  elected,  for  a  writing  came  to 
his  house  that  morning  to  that  effect.     Sworn  in  court. 

John  Sallos,  aged  about  forty  years,  deposed.  Sworn  in 
court. 

Andrew  Tarvis,  aged  about  fifty-five  years,  deposed  that 
Antoni  Wood  asked  him  to  vote  for  Isaak  Woodbery,  but  de- 
ponent said  he  did  not  know  said  Woodbery,  neither  did  he 
know  where  he  lived,  etc. 


1675]  RECORDS    AND    FILES  103 

trator  of  his  estate  and  was  to  bring  in  an  inventory  to  the 
next  Salem  court. 

Constable  Clifford  was  allowed  8s.  for  his  charge  about 
prisoners,  30d.  for  whipping  Thomas  Maule  and  8s.  for 
"Huencryes."* 

Samuell  Crompton  dying  intestate,  who  was  slain  in  the 
wars  against  the  Indians,  administration  upon  his  estate 
was  granted  to  Jane,  his  wife,  who  brought  in  an  inventory.! 
She  was  to  have  the  estate  for  her  own  use,  "there  being  noe 
relations  of  her  husbands  known  of  in  this  contrj'." 

*Copy  of  three  hue  and  cries  sent  three  several  ways  given 
out,  June  19,  1675,  by  John  Clifford,  constable  of  Salem,  the 
Worshipful  Major  Wm.  Hathorne  not  being  at  home,  "To  the 
Constables  of  Redding,  Wooborne,  Bilricky,  Clensford,  Con- 
cord &  soe  from  Constable  to  Constable  to  the  utmost  limits 
westward  of  this  CoUoney.  2^  To  the  constables  of  mar- 
blehead,  Linn,  Maulden,  CharlsTowne,  Cambridg,  Water- 
towne,  Sudbery,  &c.  3d.  To  the  Constables  of  Beuerly, 
Wenham,  Ipswich,  Rowly,  Newbery,  Salisbury  &c:  &  soe 
to  the  seuerall  constables  of  y^  Townes  east  of  this  CoUoney," 
for  said  constable  "to  make  dilligent  search  in  yo''  seuerall 
townes  for  one  James  Booth:  or  Garritt,  whoe  broake  prisson 
this  last  night  at  Salem  &  made  an  escape,  who  was  comitted 
for  a  criminall  offence,  he  is  of  a  midle  stature,  brownish  haire 
&  complection,  a  blemish  —  one  of  his  ej^es,  of  a  drawning 
speech,  a  taylor  by  trade." 

tlnventorj'  of  the  estate  of  Samuell  Crumpton,  taken  29  : 
9  :  1675,  by  Milliard  Veren,  sr.,:;:  and  Henry  West:?  a  parcell 
of  small  trunkes  unfinished,  3li.;  3  leather  chaires,  lli.  4s.; 
8  sadles,  20s.  p.,  2  side  sadles,  3li. ;  1  dozen  skins,  3s.;  pcell  of 
nayles,  2li.  10s.;  pcell  of  soft  sope,  16s.;  100  of  skins,  51i.  8s.; 
6  bridles,  5s.  p.  &  3  at  3s.  p.,  lli.  19s.;  pcell  of  Inkle,  5s.;  1  gross 
of  civills,  12s.;  6  p''  of  sterrop  Irons,  8s.;  pcell  of  girtnes,  3 
a  gross  of  plates,  lli.  10s.;  1-2  gross  of  buckles,  4s.  6d.;  1, 
bullen  nailes,  8s. ;  5  p''  raines  of  bridles,  7s. ;  2  chests,  7s.  6d. ; 
a  brass  Kettle,  lli.  7s.;  5  yd^  cource  cloth,  12s.  6d.;  10  drest 
skins,  lli.  5s.;  cloath  cloak  old,  25s.;  yards  home  made  stuff, 
lli.  4s.;  a  caster,  12s.;  3  shirts,  12s.;  2  p''  stockens,  3s.;  1  p' 
shooes,  4s.;  a  bed  &  furniture,  5li.;  pewter,  20s.;  6  chaires, 
36s.;  fire  pan,  tongs,  frying  pan,  7s.  6d.;  scillet,  som  earth 
dishes  &  bottles  &  som  lumber,  5s;  a  little  table  &  2  Joyn 
stooles,  10s.;  woolen  wheele,  4s.;  by  2  sadles  &  a  bridle  prest 
into  ye  service,  2li.  6s.;   for  his  wages  while  upon  the  service, 

J  Autograph. 


104  SALEM  QUARTERLY  COURT  [DeC. 

Whereas  there  was  administration  granted,  Mar.  30,  1675, 
by  the  Worshipful  Major  Wm.  Hathorne  and  Edward  Tyng, 
Esqrs.,  to  Tho.  Bishop  and  John  Durland,  of  the  estate  of 
Richard  Bishop,  deceased,  court  confirmed  the  action  and 
further  ordered  that  the  twenty-two  acres  in  the  north  field 
and  half  an  acre  of  meadow  that  is  undisposed  of,  be  divided 
between  three  of  the  children,  viz.,  John,  Nathaniell  and  the 
wife  of  John  Durland,  only  to  John,  the  eldest,  a  double  por- 
tion.* 

the  estate  is  credit  by  severall  men,  131i.  lis.  6d.  Es- 


tate is  Dr.  to  severall  men,  51i. 

*Inventory  of  the  estate  of  Richard  Bishop,  appraised 
Mar.  8,  1674-5,  by  Nathaniel  Feltonf  and  Richard  Croade,t 
and  allowed  upon  oath  of  Mar}',  the  widow,  and  John  Dur- 
lan:  His  dwelling  house  &  out  housing  with  the  garden  plott, 
Orchard  &  the  Land  thereunto  adjoyning  besides  what  is 
John  Durlans,  601i.;  his  upland  in  the  north  Field  being  ad- 
judged to  be  about  Two  &  Twenty  acres  good  &  bad  as  it  lyes 
be  it  more  or  less,  351i.;  one  halfe  acre  of  salt  marsh  in  the 
north  Field,  oli.;  one  Cow,  31i.  10s.;  Tavo  Small  Swine,  16s.; 
one  Feather  Bed  &  Bolster,  31i.  13s.;  an  old  Feather  Bed  & 
Two  pillowes  belonging  to  it,  21i.;  Two  Small  Feather  pil- 
lowes,  2s.;  Two  old  Coverletts,  7s.;  an  old  white  rugg,  12s.; 
an  old  Blankett  pretty  thicke,  7s.;  Two  old  blanketts  very 
much  worne,  6s.;  one  new  sheete  of  cotton  and  Lynnen,  12s.; 
3  old  Sheetes  about  half  worne  cotten  &  linnen,  12s.;  3  pil- 
lowbears,  6s. ;  his  woollen  Apparrell,  hatts  &  shoes,  31i.  10s. ; 
his  Lynnen,  Hi.  5s.;  an  old  Bagg  &  Two  old  Sythes,  3s.; 
five  pounds  &  halfe  of  Combed  Flax,  5s.;  five  pound  of  cotton 
Wooll,  4s.  2d.;  Two  pound  of  Lynnen  yarne,  4s.;  one  old 
gunn,  12s.;  one  greate  Brass  Kettle,  Hi.;  Two  Iron  potts, 
13s.;  one  Iron  Kettle,  5s.;  one  Fryeing  pan,  6s.;  one  bell 
mettle  skillett,  5s.;  an  old  warming  pan,  2s.  6d.;  an  old 
brass  pan  &  2  old  Kettles,  5s. ;  one  Syth  in  the  Sned,  2s.  6d. ; 
a  parcel  of  old  Iron  &  decayd  Tooles,  5s.;  an  ax,  a  Cow  Bell 
&  an  Iron  Foote,  7s.  6d.;  one  harrow,  Two  pitchforks,  one 
mucke  Forke,  one  spade,  an  old  Iron  chaine  &  2  crookes,  Hi.; 
one  cross  cutt  saw  &  an  Iron  Lamp,  4s.  6d.;  Tavo  chests  in 
the  Lodgeing  roome,  10s.;  Tavo  old  chests  in  the  Leanto, 
6s.;  a  Small  Table  at  Henry  Coleburnes,  4s.  6d.;  a  small 
Cubbard  in  the  Fore  roome,  6s.;  his  bookes,  7s.;  in  peAvter 
new  &  old,  15s.;  Lattin  Avare,  7s.;  earthen  Avare  painted,  Is. 
6d.;   Thirty  Three  pounds  of  hemp  shipt  at  5d.  p  li.,  13s.  9d.; 

tAutograph. 


1675]  RECORDS    AND    FILES  105 

Thirteen  bundles  of  hemp  at  3d.  p  bundle,  3s.  3d.;  old  bar- 
rells,  stooles,  Tubbs,  chaires  &  such  kind  of  lumber  &  woodden 
ware  in  ye  sevrall  places  about  ye  howses,  Hi.  10s.;  Two 
earthen  potts,  18d.;  seven  bushells  &  3  pecks  of  Indian  corne, 
Hi.  2s.  3d.;  Two  Flitches  of  baccon  cont.  38H.  at  6d.  p  li., 
19s.;  fouer  bushells  &  half  of  pease,  18s.;  in  old  England 
money  with  a  5s.  p.  of  gold,  2H.  2s.;  in  new  England  money, 
Hi.  4s.;  due  by  Goody  Cole  in  money  by  bill,  31i.;  due  by 
Richard  Croade  in  money,  Hi.  12s.  6d.;  due  by  Francis  Skerry, 
5s.;  in  money  reed  for  hay,  15s.;  in  money  lent  to  be  made 
good,  8s.;  due  by  Josias  Southwicke,  Hi.;  due  by  Samuel 
Ebborne,  8s. ;  one  pewter  Beacar,  Is. ;  a  percell  of  pallasadoes, 
10s.;  a  Grindstone,  5s.;  total,  14311.  19s.  lid.  Due  from 
Edward  Winter  of  what  he  was  to  pay  for  wintering  his  cow, 
2s.;  due  for  a  calf  sold,  8s.  Debts  due  from  the  estate,  dis- 
bursed about  his  funeral,  for  wine,  9s.;  sugar,  2s.;  cloaves, 
Is.;  ye  Coffin,  10s.;  ye  grave,  5s.;  for  a  messenger  to  go  for 
Thomas  Bishop,  3s.  6d. ;  for  a  woman  to  help  wash  his  clothes, 
Is.  9d.;  in  money  to  Doctor  Wells,  3s.;  due  to  ye  Cow  keeper, 
3s.  9d.;  due  for  ye  Cunstables  rate  for  j^e  year  '74,  3s.  6d. ; 
due  to  Richard  Croade  for  hire  of  his  horse  &  cart  &  for  har- 
rowing, 5s.;  for  Tyme  spent  about  ye  Inventor}^  3s.;  due 
to  Nathaniel  Felton  for  his  Tyme  about  the  Inventory,  3s.; 
due  to  Mr.  William  Browne,  sr..  Hi.  5s.  5d.;  For  ye  widdowes 
care  and  paines  in  looking  after  Two  cowes  &  Two  Sw^ine 
near  about  fower  moneths  left  to  ye  discretion  of  the  Judicious 
Court  for  what  they  shall  please  to  allow  her. 

Richard  Bishop's*  agreement,  dated  12  :  5  :  1660,  upon 
marriage  with  Marie  Gault:  "Wheras  Richard  Bishop  and 
Marie  Goult  Intend  by  the  preuission  of  god  in  some  short 
tyme  to  Joyne  together  in  marriage  and  for  the  mutuall  good 
of  them  both  we  agree  vnto  theise  Artickles  &  Couenants 
hereafter  exprest  Viz.  Impr.  the  said  Richard  Bishop  doth 
Covenant  to  and  with  the  said  ]Marie  Goult  that  in  Case  god 
soe  please  he  leaue  the  said  Marie  a  widow  then  she  shall 
during  her  naturall  life  haue  and  enioy  the  dwelling  house  of 
the  said  Richard  Bishop  wth  garden  and  Orchard  and  the 
remaynder  of  the  2  acre  lott  the  said  house  standeth  vpon 
with  a  lott  of  upland  opossit  to  the  said  house  ouer  the  River 
wth  all  timber  and  Fyre  wood  wch  she  may  nessessaralie  use 
for  &  during  her  life  tyme  but  not  to  gyue  nor  make  sale  of 
any  of  it:  as  alsoe  one  halfe  acre  of  salt  marsh  lying  upon  the 
North  riuer  ouer  against  the  house  of  the  said  Bishop  the 
said  Richard  Bishop  doth  Covenant  to  and  wth  the  said 
Marie  Goult  that  if  the  said  Richard  Bishop  doe  dye  before 
the  said  Marie  &  then  leave  her  a  widow  that  the  said  Richard 

*  Autograph. 


106  SALEM    QUARTERLY    COURT  [DeC. 

Bishop  shall  grant  halfe  the  estate  he  dyes  possesed  of  V'nto 
the  said  Marie  viz  of  his  Cattell,  Corne  hay  houshould  goods 
and  money  as  her  owne  proper  goods  for  euer.  3.  It  is 
agreed  mutualle  betwixt  the  said  pties  that  the  house  wher- 
in  the  said  Marie  Goult  at  present  lyueth  in  shall  be  sould 
by  henerie  Skerie  senior  and  Jefferi  Massey  for  the  pa3"mt  of 
the  debts  William  Goult  left  unpaid  at  the  tyme  of  his  death. 
4  the  said  Marie  Goult  doth  promis  &  grant  to  and  with  the 
said  Richard  Bishop  that  he  the  said  Bishop  shall  haue  the 
best  bed  she  now  hath  w*hall  the  Furniture  therevnto  be- 
longinge."     Wit:    Jefferie  Massey*  and  Henery  Skerry* 

Letter  of  attorney,  dated  May  22,  1675,  given  by  John 
Bishop, t  of  South  Hampton,  Long  Island,  to  his  brother  John 
Dorian  of  Salem,  fisherman,  in  the  settlement  of  the  estate  of 
his  father  Richard  Bishop.  Wit:  Samuell  Williams*  and 
Hilliard  Veren,  sr.* 

Mary  Bishop,  aged  about  sixtj^-four  years,  deposed  that  she 
often  heard  her  husband  Richard  Bishop  say  during  the  time 
that  she  lived  with  him,  that  after  her  decease  he  desired 
his  son  Thomas  Bishop  to  enjoy  his  dwelling  house,  orchard 
and  ground  in  Salem,  about  two  acres,  only  he  would  reserve 
half  an  acre  of  it  to  dispose  of  as  he  should  afterward  wish, 
also  that  his  said  son  should  have  all  his  upland,  half  an  acre 
of  salt  marsh  in  the  North  field,  all  of  which  the  said  son 
should  not  dispose  of  but  should  leave  it  for  his  son  Richard 
after  him.  Often  pressing  her  husband  to  say  what  he  would 
give  to  his  sons  at  Long  Island,  he  replied  that  he  would  give 
them  nothing,  that  they  had  been  very  unkind  to  him,  and 
would  never  come  near  him  nor  send  him  anything  though 
the}^  were  very  well  able  and  had  no  need  of  anything  of  his. 
Deponent  also  heard  her  husband  say  the  day  before  he  died 
that  his  son  Thomas  should  have  all  that  he  had  for  reasons 
he  had  at  several  times  given,  and  that  he  would  give  his 
grandchild  Mary  Durlan  half  and  acre  of  land  in  his  home  lot 
after  the  decease  of  deponent.  Sworn,  29  :  1  :  1675,  before 
Wm.  Hathorne,*  assistant. 

Richard  Croade,  aged  about  forty-six  years,  deposed  that 
being  in  the  chamber  with  Goodman  Bishop  the  night  before 
he  died,  the  latter  asked  for  Goodman  RoblDins  and  deponent 
to  witness  how  he  disposed  of  his  estate.  He  gave  his  son 
Thomas  all  except  what  John  Durland  had  purchased  and 
his  grandchild  Mary  Durland  should  have  a  half  acre  at  the 
upper  end  of  the  lot  because  he  said  she  might  marry  a  trades- 
man or  a  seaman  and  would  want  a  piece  of  ground  to  set  a 
house  upon.  Also  that  he  would  have  his  grandson  Richard 
inherit   from   Thomas   on   account    of   his   name,    etc.     "And 

*Autograph.  fAutograph  and  seal. 


1675]  RECORDS    AND    FILES  107 

George  Bonfeild  and  Rebeca,  his  wife,  were  granted  ad- 
ministration upon  the  estate  of  Steephen  Waiman,  who  died 
intestate,  and  they  were  to  bring  in  an  inventory  to  the  next 
Salem  court. 

George  Roapes,  who  was  slain  in  the  wars  against  the 
Indians,  dying  intestate,  administration  upon  his  estate  was 
granted  to  Wm.  Roapes,  brother  of  the  deceased,  who  made 
oath  to  the  inventory  brought  in,  and  after  all  debts  were 
paid,  the  remainder  was  to  go  to  Mary  Roapes,  the  mother, 
during  her  life.  The  estate  was  not  enough  to  pay  the  debts 
by  about  121i.* 

being  askt  by  Goodman  Robbins  if  he  did  not  remember  what 
he  had  said  to  him  who  should  have  his  upland  &  his  halfe 
acre  of  salt  marsh  in  the  north  field,  Goodman  Bishop  replied 
that  that  was  a  ly  whoeuer  told  him  so  the  salt  marsh  was  his 
owne  he  had  bought  it  with  his  money  &  the  upland  was  his 
owne  &  he  might  sell  it  if  he  would  &  he  did  not  know  but  he 
might  line  to  spend  it,  and  being  pressed  about  it  telling  him 
that  his  Land  would  be  neuer  the  Farther  from  him,  if  he 
lined  he  might  make  another  will  when  he  would,  his  Answer 
was  he  did  not  loue  to  tell  of  things  so  long  before  hand  .  .  . 
&  for  his  son  Nathaniel  if  he  had  not  bin  a  churle  he  might 
haue  sent  him  something  for  he  said  he  killed  Twenty  Fatt 
hoggs  in  a  yeare  &  had  Thirty  bushells  of  wheat  in  a  yeare, 
but  never  sent  him  so  much  as  a  bushell  of  wheat  nor  a  side 
of  porke  why  Answer  was  made  him  that  if  he  gave  them 
nothing  they  might  receive  childrens  portions;  he  replyd 
that  if  the  Court  should  alter  this  there  was  an  end  of  that  & 
so  he  said  he  was  almost  spent  &  desired  the  company  to 
depart."  Sworn,  29  :  1  :  1675,  by  Croade  and  his  wife,  before 
Wm.  Hathorne,t  assistant. 

Thomas  Robbins,  aged  about  fiftj'-five  years,  deposed. 
Sworn,  29  :  1  :  1675,  before  Wm.  Hathorne,t  assistant. 

John  Bligh,  aged  about  thirty-six  years,  deposed  that  the 
night  before  his  father  Bishop  died,  etc. 

*Accounts  due  from  the  estate  to  Jno.  Price,t  John  Picker- 
ing,! William  Andrew,!  Wm.  Browne,  sr.,  Thomas  Rix,t 
Thomas  Ives,t  John  Guppy,  Jacob  Pudeator,  Phillip  Crom- 
well and  William  Reeves. j 

Inventory  of  the  estate  of  George  Ropps,  taken  by  Edw. 
Noricet  and  Benjamin  Gerrishif  bed  &  blankett,  31i.  10s.; 
rugge,  21i.;   2  hatts,  Hi.  8s.;   Curtaines  &  Vallians,  10s.;   Bible, 

fAutograph. 


108  SALEM  QUARTERLY  COURT  [DeC. 

The  will*  and  inventoryf  of  Peeter  Woolfe  were  proved 
and  allowed.  John  Black,  the  executor,  agreed  to  maintain 
the  widow  of  deceased  during  her  life,  if  said  Black  survived 
so  long,  and  it  is  to  be  understood  that  the  lOli.  given  to  the 
widow  by  will,  was  to  be  used  by  her  for  her  maintenance, 
but  she  was  not  otherwise  to  dispose  of  it. 

7s.;    Cloake,  21i.  10s.;    horse,  21i.  10s.;    shirt,  10s.;    3  pillow- 
beeres  &  2  napkins,  a  little  towell,  12s.;    6  platters,  Hi.  5s.; 
2  Chayres,  6s.;    1  matt,  2s.;    2  Chests,   13s.;    saddle,  4s.;    3 
boxes,  7s.;    white  Coate,  4s.;    bedstaves,  2s.;    6  yds.  course 
canvas,  6s.;    another  Chest,  4s.;    an  axe,  an  adz  &  2  sawes, 
10s.;    other    tooles,   15s.  3d.;    pr.  new  shoos,  7s.  6d.;    total 
201i.   2s.   9d.     George   Roapes   Dr.   to   Thomas   Rix,   9s.   4d. 
to   Capt.   Geo.    Corwin,    Hi.    14s.   6d.;    Jacob  Pudeater,    Hi. 
Mr.  Phill.  Cromwell,  51i.  18s.  4d.;    John  Guppy,  31i.  Is.  6d. 
Mr.  Browne,  sr.,  lis.  6d.;    Mr.  Ruck,  21i.  5s.  7d.;    Mr.  Price, 
51i.;   Wm.  Reeves,  31i.  5s.  8d.;    Tho.  Ives,  71i.  15s.  lOd.;   John 
Pickering,  Hi.  16s.     The  creditors  were  to  be  paid  at  the  rate 
of  lis.  per  li. 

*Will  of  Peter  (his  mark)  WoolfeJ  of  Beverly,  yeoman, 
dated  Nov.  20,  1675:  "Item  I  give  unto  my  two  Granchildren 
Mary  &  Sarah  Solace  to  be  divided  between  them  A  j'earling 
heifer:  in  mj?^  son  Blacks  hands.  Item.  I  Give  unto  Martha 
my  Loving  wife  the  sume  of  twelve  pounds  w<='*  is  Due  from 
Nicholos  Grove  of  which  sume  there  is  now  paid  fourty  shil- 
lings and  the  residue  is  to  be  paid  in  w*  mj^  said  wife  shall 
need;  only  four  pounds  of  it  in  Money  if  she  require  it:  All 
the  rest  and  residue  of  my  personall  Estate  Goods  &  Chatells 
whatsoever,  I  doe  give  &  bequeath  unto  my  Loving  Sonn 
John  Balch  full  &  sole  executor  of  this  my  last  will  and  testa- 
ment." Wit:  Samuell  Hardie§  and  Humphrey''  (his  mark) 
Woodbery,  sr. 

flnventory  of  the  estate  of  Peter  Woolfe  of  Beaverley, 
who  deceased  6  :  10  :  1675,  taken  by  Humphrey  (his  mark) 
Wooclbry  and  John  Hill:§  waring  aparill,  Hi.  10s.;  3  paire 
&  one  shete,  9s.,  3  Sherts,  Hi.  10s.;  one  bed,  pelows  &  cov- 
ering, 31i.  16s.;  one  Iron  pot  &  pothooks,  9s.;  one  friing  pan 
&  lumber,  3s.;  to  one  warming  pan,  4s.;  one  paire  of  belles, 
Is.  6d.;  one  chest  &  to  boxis,  10s.;  one  cuberd,  5s.;  one 
churne  &  to  tubes,  5s.;  five  badgs,  7s.;  one  skillet  &  other 
small  things,  4s.;  one  paill,  Is.  6d.;  3  Iron  wedges,  2s.  6d.; 
1  tube  &  to  barills,  4s.  6d. ;  3  trays  &  to  pots,  2s.  8d. ;  to  stools 
&  on  chayer,  2s.;    to  swine,  21i.  8s.;   neat  Catell,  llli.;    3  lode 

JSeal.  §  Autograph. 


1675]  RECORDS    AND    FILES  109 

The  will*  and  inventoryf  of  George  Coale  were  proved 
and  allowed. 

The  will  I  of  John  Bachelor  was  proved  and  an  inventory§ 
allowed. 

&  half  of  hay,  3li.  10s.;  one  lode  of  strawe,  7s.;  16  bushells 
of  barly,  3li.  4s.  8d.;  Indian  corne,  Hi.  15s.;  one  bushill  & 
halfe  of  ry,  6s.;  one  bedsted,  5s.;  one  paire  tramels  &  narying 
bars,  Hi.  10s.;  hows  &  orcherd  together  with  8  ackers  of 
land,  68li.;  Due  from  Nich.  Legrove,  lOli.;  total,  112li. 
lis.  lOd.     Debts  due  from  the  estate,  41i.  12s. 

*Will  of  Georg  (his  mark)  Coole,  dated  Nov.  8,  1675: 
"i  giue  to  Mary  Dauis  home  i  used  to  call  mother:  forty 
shillings,  item:  i  giue  to  my  master  John  Dauis  all  my 
timber:  it:  i  giue  the  rest  of  my  estatt  to  my  sister  mary 
tuck  and  my  other  sister  Elezibeth  Cooll  to  be  equally  de- 
uided  betwen  them:  i  doe  allsoe  will  and  intreat  my  Loueing 
freind  danell  Johnson  and  m}^  Master  John  Dauis  to  tak 
Care  to  se  my  just  debpts  that  i  owe  be  paid  out  of  my  estatt 
as  alsoe  to  gather  in  thos  debpts  that  are  dew  to  me  and  to 
tak  what  Caare  thay  Cane  that  my  will  may  be  performed 
for  which  i  doe  alsoe  will  and  desire  that  thay  haue  resonable 
sattisfacktion  for  thar  Care  and  paines  herin  out  of  my  estatt." 
Wit:  Thomas  Ferman||  and  Samuell  Foster. ||  Acknowledged, 
Nov.  12,  1675,  before  Samuell  Appleton,|l  Com.  in  Cheif. 
Daniell  Johnson  and  John  Davis  were  appointed  administrators, 
flnventory  of  the  estate  of  Georg  Coall,  taken  by  Samuell 
Harttll  and  Eleazer  Linse:||  3  saues,  8s.;  2  goynters  &  fore- 
plaine,  6s.;  3  smothing  plains  &  a  draing  knife,  3s.  6d.;  2 
plans  &  2  revolving  plains,  lOs.;  4  round  plains,  5s.;  3  rabet 
plains,  4s.;  3  holou  plains,  3s.  6d.;  9  Cresing  plains,  10s.  6d.; 
6  torning  tools,  9s.;  3  plaine  irons  &  3  bits,  Is.  6d.;  1  brase 
stok,  2  squares  &  gorges.  Is.  6d.;  1  brod  ax  &  1  fro,  2s.;  hol- 
fast,  Is.  6d.;  hamer.  Is.  6d.;  6  gouges,  2s.;  9  Chisels,  5s.; 
2  ogers  &  1  draing  knife,  3s.;  1  bench  hooke,  2  yoyet  irons, 
Is.;  a  glupot,  Is.  6d.;  1  bible,  3s.;  5  yards  &  a  halfe  of  cloth, 
Hi.  13s.;  clothing,  2li.  5s.;  for  what  work  he  has  done  in  his 
shop,  Ih.  10s.;  1  cow,  3li. ;  1  horse,  2U.  15s.;  2  calfe,  10s.; 
total,  151i.  16s. 

J:Will  of  John  Bacheler,  sr.,1[  dated  May  17,  1673:  "I 
give  unto  my  loving  Wife  Elizabeth  my  dwelling  House  during 
her  natural  life  &  then  to  be  my  Son  John  Batchelors  allso  I 
give  her  all  my  movable  estate  wheresoever  it  is,  (shee  pay- 
ing fifteen  pounds  in  legacyes  as  here  after  is  willed)  &  6 
pound  p  anu.  so  long  as  shee  remains  unmaried  and  the  keep- 

§See  footnote  page  110  marked*      || Autograph.      ^Autograph  and  seal. 


110  SALEM  QUARTERLY  COURT  [DeC. 

ing  of  two  Cowes,  &  firewood  for  her  necessary  use  to  be  paid 
for  at  the  charge  of  my  Two  Sonns  as  it  is  here  after  expressed 
also  I  appoynt  her  to  be  my  Executrix.  It.  I  give  mj-  Son 
John  Batchelor  ||  my  house  I  dwell  in,  after  my  wives  decease]  j 
&  twenty  Acres  of  Land  which  I  bought  of  John  Sender 
(except  six  Acres  more  or  less  as  it  is  now  bounded,  which  I 
give  to  John  Cressy  as  is  here  after  expressed)  and  takes  it 
begining  at  Abram  AVarrens  well,  so  downe  to  the  brooke  to 
the  Common  the  brook  being  the  boune  betwen  his  Land  & 
his  Brother  Josephs,  and  allso  a  piece  of  Land  that  lyes  at  the 
uper  end  of  the  sd  twenty  Acres  Avithout  the  fence,  with  the 
hither  end  of  my  salt  marsh  up  to  a  place  commonl}-  called 
the  Rocks  where  they  cart  downe  wood.  I  Give  my  Son 
Joseph  Batchelor  all  my  land  in  the  field  together  with  the 
orchard  &  Barne  &  the  salt  marsh  Ijang  beyond  the  sd  Rocks 
commonly  called  Ducks  Cove  &  halfe  an  Acree  of  marsh  y* 
I  bought  of  Joseph  Roots  &  halfe  an  Acre  of  Jeoffrj^  Massy, 
my  Will  is  that  my  two  Sonnes  aforesd  shall  pay  their  mother 
the  yearly  rent  of  six  pound  p  anum  during  her  widowood 
&  keep  two  Cows  &  prouide  firewood  for  her  necessary  use  and 
the  charges  there  of  to  be  equally  borne  by  each,  and  the  sd 
6  pound  to  be  j^early  paid  in  such  specia  as  she  shall  desire. 
Also  I  give  my  Daughter  Hanah  Corning  ten  pound  to  be 
paide  by  my  loving  wife  before  her  decease.  It.  I  give  my 
Grandchild  John  Cressy  six  Acres  of  Land  lying  within  my 
Sonne  Johns  Land  as  a  foresd  along  Roj^als  neck  &  five  pound 
to  be  paid  by  my  loving  wife  before  her  decease.  Allso  I 
intreat  m'  Henry  Bartholmew  &  Deacon  Prince  to  see  this 
will  truly  pformed."  Wit:  John  Swinnertonf  and  Bethiah 
Archer. t  John  and  Joseph  Bachelor,  sons  of  deceased,  were 
appointed  administrators. 

*Inventory  of  the  estate  of  John  Bachelor  of  Salem,  who 
died  Nov.  13,  1675,  taken  Dec.  4,  1675,  by  John  Raiment  and 
Andrew  Eliott,  and  allowed  upon  oath  of  John  and  Joseph 
Bachelor:  45  acres  of  upland,  901i.;  tAvo  Acres  of  Salt  marsh, 
lOli.;  one  dwellinge  house  and  one  Barne,  301i.;  all  his  ware- 
inge  Clothes,  81i.;  all  his  beddinge,  161i.;  whome  made  Cloth, 
Lining  and  woollen,  30  yds.,  41i.;  20  pound  of  wooll  and  yarne. 
Hi.  10s.;  Three  Bibles,  8s.;  other  houshold  stuff,  brass  and 
Iron,  21i.  10s.;  one  Copper  quart  with  other  Earthen  ware, 
5s.;  2  pewter  platters  and  other  smale  things,  10s.;  one  Chest 
and  fine  trays  Avith  other  wooden  Avare,  15s.;  Irons  for  hus- 
bandry for  AA^heels  &  ploughs,  21i.;  pease  and  Indian  Corne, 
llli.;  fouer  bushell  of  barley,  16s.;  one  quarter  of  beafe,  16s. 
Sd.;  one  yoke  of  Oxen,  lOli.;  tAvo  steers,  71i.  10s.;  fiA^e  Coavs 
and  one  heifer,  ISli.;    one  yearling  and  two  Calves,  21i.  10s.; 

t  Autograph. 


1675]  RECORDS    AND    FILES  111 

Administration  upon  the  estate  of  Samuell  Steevens,  who 
was  slain  in  the  wars,  was  granted  to  Rebecka,  relict  of  de- 
ceased, who  brought  in  an  inventory.*  She  was  to  have  the 
estate  for  her  own  use,  but  was  to  pay  to  Sara,  the  daughter 
of  deceased,  lOli,  at  eighteen  years  of  age  or  marriage  with 
the  mother's  consent. 

one  horse,  21i,;  eleaven  swine,  7s.;  seaventeen  sheep,  41i. 
5s.;  one  Lininge  wheel,  5s.;  total,  2301i.  8d.  To  be  paid  out 
in  debts,  121i.,  in  legacies,  151i. 

*Inventory  of  the  estate  of  Samuell  Stevens,  taken  Nov. 
30,  1675,  by  Henry  Westf  and  Nathaniel  Putnam  :t  one  tenn 
acker  lott  in  the  northfeild,  251i.;  one  table  &  Joyn  stooll, 
16s.;  tow  Bedsteds,  Hi.  10s.;  one  feather  Bed  &  Curtaines, 
2  pillows  &  bolster,  1  Rugg  &  2  blankets,  one  coverlid,  1  paire 
of  sheets,  61i.  10s.;  Tow  pare  sheetts,  table  linin,  6  pillow 
bers,  21i.  17s.;  putter,  tinn,  smothing  iron,  earthen  war,  wood 
ware.  Hi.  10s.;  wareing  aparell,  71i.;  Carsei  and  sargge.  Hi. 
12s.;  Warming  pann,  Brasse,  Hi.  12s.;  iron  ware  with  potts, 
hakes,  firepann,  tongues.  Hi.  12s.;  Boxes  and  Cheests  and 
Chares,  Hi.  13s.;  1  hameker  and  Bookes,  Hi.  3s.;  Barrels, 
tubes  with  other  lumber,  12s.;  spade,  spitt,  hamer,  2  pare 
sheers,  press  iron,  16s.;  one  Cow,  31i.;  his  Wages,  21i.;  one 
axe,  one  Reapper,  13s.;  one  Creadell,  Hi.;  one  pillion,  2 
glasse  bottles,  12s.  6d.;  3  yards  of  linn.  Cloth  with  staffe, 
12s.;  total,  621i.  2s.     Estate  Dr.  about  141i. 

Will  of  Peter  (his  mark)Barroon  of  IMarblehead,  fisherman, 
"being  now  prest  and  Commanded  away  to  Goe  a  Gainst 
the  Indians  not  knowing  when  it  may  please  y®  Lord  to  spare 
my  Life  to  Come  a  Gain,"  dated  Aug.  28,  1675,  and  sworn, 
15  :  1  :  1675,  before  Wm.  Hathorne,t  assistant:  "I  Freely 
Giue  unto  my  Master  Elias  Hendly  all  whateuer  I  haue  either 
money  Goods  o""  any  other  thing  or  things  to  his  own  proper 
use  and  Behoof e  to  doe  and  use  at  his  own  will  and  pleasure 
and  further  Doe  Impower  y^  sd  Elias  hendly  to  be  my  true 
and  Lawful  Attourney  for  me  and  in  my  name  to  Requir  Re- 
couer  and  Receiue  all  Debts,"  etc.  Wit:  Edw.  Humpherej^sf 
and  John  Merrett.f 

Venire,  dated  20  : 8  :  1675,  for  Lyn,  signed  by  Hilliard 
Veren,t  cleric,  and  served  by  Thomas  Laughton,t  clerk,  who 
returned  the  names  of  Mr.  Edmond  Needham,  Natha.  Kirt- 
land,  Wilham  Clarke  and  William  Mirriam,  for  the  grand 
jury;  and  Robert  Potter,  jMathias  Farrington,  Thomas  Farrer 
and  Sergt.  William  Bassett,  for  the  jury  of  trials,  who  were 
chosen  6:9:  1675. 

tAutograph. 


112  SALEM  QUARTERLY  COURT  [DeC. 

Bill  of  presentments,  dated  Dec.  1,  1675,  signed  by  John 
Rucke,*  in  the  name  of  the  grand  jury: 

Robert  Ingolls,  jr.,  of  Lin,  and  Rebeka  Laitten,  now  wife 
to  said  Robart,  for  fornication  before  marriage.  Wit:  Nath- 
anell  Cirtland  of  Lin. 

Marra,  daughter  of  John  Hathorn  of  Lin,  for  fornication. 
Wit :   Nathanell  Cirtland  of  Lin. 

Robert,  David  Fogg's  man,  who  now  works  at  Thomas 
Mall's  house,  for  cutting  wood  openly  in  the  street  upon  a  day 
of  public  fast,  it  being  Dec.  2,  1675.  Wit:  Edmond  Bridges 
of  Salem  and  Robart  Ames  of  Andefer. 

John  Baulch  of  Beverley  and  Hanna,  his  wife,  for  fornica- 
tion before  marriage. 

Roberte  Crosse,  aged  about  sixty-three  years,  deposed  that 
he  was  with  Mr.  Gorge  Gidding,  merchant  Booshop  and 
old  Goodman  Lord  about  ten  or  eleven  years  when  they  laid 
out  the  highway  between  Ipswich  and  Gloster.  It  Avas  laid 
out  through  Mr.  Cogwel's  farm  which  land  was  bought  by 
the  town  for  that  end,  and  so  over  the  bridge  and  through 
John  Cogeswelles  farm,  John  Burnomes,  sr.,  and  Richard 
Bradbrookes  to  the  bound  tree,  which  deponent  showed  them. 
Sworn,  Nov.  29,  1675,  before  Samuel  Symonds,*  Dep.  Gov. 

John  Burnam,  aged  fifty-nine  years,  deposed  that  the 
highway  that  is  between  Ipswich  and  Gloster  was  laid  out 
twenty  years  since  by  the  town  of  Ipswich  and  stands  upon 
record,  namely,  the  highway  where  the  Jobaco  bridge  stands. 
Sworn,  Nov.  26,  1675,  before  Samuel  Symonds,*  Dep.  Gov. 

Bond,  dated  Oct.  30,  1675,  given  by  Wm.  Bowditch*  of 
Salem,  for  the  appearance  of  Jno.  Pallett  and  William  Prichet, 
to  answer  a  warrant  of  Major  Denison  for  taking  a  horse  from 
Mr.  Hubert.  Wit:  Joseph  Gardner*  and  Manaseth  Mar- 
stone.* 

Execution,  dated  3  :  10  :  1675,  against  the  goods  of  the 
ship  Sallamander,  in  the  hands  of  Bartholomew  Stratton, 
as  master,  to  satisfy  judgment  granted  Joseph  ArnoU,  at 
Salem  court,  30  :  9  :  1675,  signed  by  HiUiard  Veren,*  cleric, 
and  served  by  John  Pamer,*  deputy  for  Henery  Skerry,* 
marshal  of  Salem.  Jno.  Sands.,  Daniell  Legg  and  Jno.  Sax- 
ton,  appraisers,  made  oath  at  Boston,  6  :xber:  1675,  before 
Tho.  Lake,*  commissioner. 

Execution,  dated  3  :  10  :  1675,  against  the  goods  of  the 
ship  Sallamander,  in  the  hands  of  Bartholomew  Stratton,  as 
master,  to  satisfy  judgment  granted  James  Cooke,  at  Salem 
court,  30  : 9  :  1675,  signed  by  HiUiard  Veren,*  cleric,  and 
served  by  John  Pamer,*  deputy  for  Henery  Skerry,*  marshal 
of  Salem.     Daniell   Legg,   Jno.   Saxton  and  Jno.   Sands,   ap- 

*Autograph. 


1675]  RECORDS    AND    FILES  113 

praisers,  made  oath  at  Boston,  6:xbr. :  1675,  before  Tho. 
Lake,*  commissioner. 

Execution,  dated  3  :  10  :  1675,  against  the  goods  of  the 
ship  Sallamander,  in  the  hands  of  Bartholomew  Stratton,  as 
master,  to  satisfy  judgment  granted  John  Tucker,  at  Salem 
court,  30  :  9  :  1675,  signed  by  Hilliard  Veren,*  cleric,  and 
served  by  John  Pamer,*  deputy  for  Henery  Skerry,*  marshal 
of  Salem.  Jno.  Sands.,  Daniell  Legg  and  Jno.  Saxton,  ap- 
praisers, made  oath  at  Boston,  6:xbr:1675,  before  Tho. 
Lake,*  commissioner. 

John  Sandys,*  Daniell  Legg*  and  John  Saxton,*  at  Boston 
on  Dec.  7,  1675,  appraised  the  sails  and  rigging  that  belonged 
to  the  ship  Salamander,  to  answer  Joseph  Arnoll's  execution, 
as  follows:  One  maine  topsaile,  61i.  18s.;  one  spret  sail,  31i. 
3s.;   to  IC.  3  qts.  of  Riging  at  25s.,  2K.  6s.;   total,  121i.  7s.  9d. 

John  Sandys,*  Daniell  Legg*  and  John  Saxton,*  at  Boston, 
on  Dec.  7,  1675,  appraised  th,e  sails  and  rigging  that  belonged 
to  the  ship  Salamander,  to  answer  James  Cooke's  execution, 
as  follows:  maine  sail,  lOli.  19s.;  the  missen,  31i.;  to  3  qrts. 
of  rigging  at  25s.,  18s.  3d.;   total,  141i.  17s.  3d. 

John  Sandys,*  Daniell  Legg*  and  John  Saxton,*  at  Boston 
on  Dec.  7,  1675,  appraised  the  sails  and  rigging  that  belonged 
to  the  ship  Salamander,  to  answer  John  Tucker's  execution, 
as  follows:   one  fore  sail,  61i.  15s.;   one  fore  top  saile,  41i.  13s.; 

I  C.  2  qts.  of  Riging  at  25s.,  Hi.  17s.  6d.;    total,  131i.  5s.  6d. 
Execution,  dated  3:11:  1675,   against  Nicholas  Manning, 

to  satisfy  judgment  granted  Frances  Skerry  at  Salem  court, 
signed  by  Hilhard  Veren,*  cleric,  and  returned  by  Hener^^ 
Skerry,*  marshal  of  Salem. 

Edmond   Batter  and   Hilliard   Veren,   sr.   were   chosen,   3  : 

II  :  1675,  to  appraise  the  land.  Sworn  before  Wm.  Hath- 
orne,*  assistant. 

Edm.  Batter*  and  Hilliard  Veren,  sr.,*  appraised,  3  :  11  : 
1675,  four  acres  and  ten  poles  of  land  lying  next  to  Good- 
man Pickering's  field,  to  begin  next  the  highway  and  run 
down  proportionately  the  breadth  of  the  field  below,  to  take 
in  just  four  acres  and  ten  poles  at  511i.  15s.  lid.,  to  satisfy 
Mr.  Resolved  White's  execution.  Also  sevenscore  and  ten 
poles  of  ground  of  Nicholas  Manning's  to  begin  next  Mr. 
White's  at  the  highway  to  be  four  pole  broad  and  so  to  run 
down  bv  the  side  of  Mr.  White's  to  make  up  the  150  poles  at 
8h.  17s.' 2d. 

Execution,  dated  2:7:  1675,  against  Ensign  John  Goold, 
to  satisfy  judgment  granted  Samuell  Bishop  and  Margerett 
Bishop,  executors  of  the  estate  of  Thomas  Bishop,  at  Salem 

*Autograph. 


114  SALEM  QUARTERLY  COURT  [DeC. 

court,    20  : 4  :  1675,    signed    by    Hilliard    Veren,*   cleric,    and 
served  by  Henery  Skerry,*  marshal  of  Salem. 

Execution,  dated  July  29,  1675,  against  Robert  Ames,  to 
satisfy  judgment  granted  Edmond  Bridges,  July  20,  1675, 
at  Salem  court,  signed  by  Hilliard  Veren,*  cleric,  and  served 
by  Henery  Skerry,*  marshal  of  Salem. 

Execution,  dated  14  :  1  :  1675,  against  Henry  Bennett  and 
John  Sparks,  to  satisfy  judgment  granted  Samuell  Hunt, 
20  :  5  :  1675,  at  Salem  court,  signed  by  Hilliard  Veren,*  for 
the  court,  and  served  by  Henery  Skerry,*  marshal  of  Salem. 

Execution,  dated  27  :  10  :  1675,  against  Nicholas  Man- 
ning, to  satisfy  judgment  granted  Mr.  Resolved  White  and 
Abigail  his  wife,  executrix  of  the  will  of  William  Lord,  de- 
ceased, at  Salem  court,  signed  by  Hilliard  Veren,*  cleric,  and 
served  by  Henery  Skerry,*  marshal  of  Salem. 

Execution,  dated  Mar.  5,  1675-6,  against  Mr.  Harlackin- 
dine  Simonds,  to  satisfy  judgment  granted  Henry  Benett, 
30  :  9  :  1675,  at  Salem  court,  signed  by  Hilliard  Veren,*  cleric, 
and  served  by  Henery  Skerry,*  marshal  of  Salem,  who  com- 
mitted said  Symonds  into  the  custody  of  Mr.  Matson,  keeper 
of  the  prison  in  Boston. 

Execution,  dated  4:9:  1675,  against  William  Carter,  to 
satisfy  judgment  granted  Capt.  John  Corwin  before  the  Wor- 
shipful Maj.  Gen.  Deneson  and  Maj.  Wm.  Hathorne,  on 
3:9:  1675,  at  Salem  court,  signed  by  Hilliard  Veren,*  cleric, 
and  served  by  Henery  Skerry,  marshal  of  Salem,  who  de- 
livered said  Carter  to  Thomas  Scoate  for  said  Corwin. 

Execution,  dated  Aug.  7,  1675,  against  William  Buckley, 
to  satisfy  judgment  granted  Simond  Bradstreet,  Esq.,  July  20, 
1675  at  Salem  court,  signed  by  Hilliard  Veren,*  cleric,  and 
served  by  Henery  Skerry,*  marshal  of  Salem,  by  attachment 
of  said  Buckly's  house  and  land. 

Execution,  dated  Aug.  7,  1675,  against  Joseph  Elwell,  to 
satisfy  judgment  granted  William  Seargeant,  24  :  9  :  1674, 
at  Salem  court,  signed  by  Hillyard  Veren,*  cleric,  and 
served  by  Henery  Skerry,*  marshal  of  Salem.  Mr.  Browne 
paid  the  amount  for  said  Elwell. 

Execution,  dated  July  22,  1675,  against  John  Smith,  mer- 
chant, to  satisfy  judgment  granted  Isaack  Rand,  July  20, 
1675,  at  Salem  court,  signed  by  Hilliard  Veren,*  cleric,  and 
served  by  Henery  Skerry,*  marshal  of  Salem,  who  delivered 
the  money  to  Left.  Way  and  Richard  More  for  the  use  of 

Rand  &  Co.  .         r        ,     »        .l 

Execution,  dated  18  :  7  :  1675,  against  Joseph  Armitage,  to 
satisfy  judgment  granted  Henry  Roads,  20  : 5  :  1675,  at 
Salem  Court,  not  signed,  and  returned  by  Henery  Skerry, 

*Autograph. 


1675]  RECORDS   AND    FILES  115 

marshal  of  Salem,  who  brought  said  Armitage  to  prison,  but 
Mr.  Batter  afterwards  paid  the  debt. 

Execution,  dated  3:11:  1675,  against  Richard  Flinder, 
to  satisfy  judgment  granted  William  Beale,  30  :  9  :  1675,  at 
Salem  court,  signed  by  Hilliard  Veren,*  cleric,  and  served  by 
Henery  Skerry,*  marshal  of  Salem,  who  delivered  the  pay  to 
Mr.  Batter. 

Execution,  dated  17  :  12  :  1675,  against  Samuell  Pippen, 
to  satisfy  judgment  granted  James  White,  30  :  9  :  1675,  at 
Salem  court,  signed  by  HiUiard  Veren,*  cleric,  and  served  by 
Henery  Skerry,*  marshal  of  Salem,  who  was  going  to  prison 
with  said  Pippen  when  they  agreed.  Andrew  Petters  agreed 
with  said  White  and  Goodman  Tomson  engaged  to  pay  the 
money,  part  in  pine  boards,  and  Mr.  Petters  agreed  to  let 
White  have  a  cow. 

Jury  of  inquest,  impanelled,  4:1:  1674-5,  to  inquire  into 
the  sudden  death  of  Edmond  Rooten  of  Line,  reported  that 
he  was  drowned  in  a  brook  that  was  about  a  foot  and  a  half 
deep  of  water  and  mud,  signed  by  Thomas  Laughton,*  John 
Fuller,*  Henery  Rhodes,*  William  Crofts,*  John  Burrill,* 
Allen  Bread,*  Thomas  lovrye,*  Moses  Chadwell,*  John  (his 
mark)  Newhall,  John  Breaid,*  Samuel  Tarbox*  and  Samuell 
Rodses.*  Sworn,  15  :  1  :  1674,  before  Wm.  Hathorne,*  as- 
sistant. 

Jury  of  inquest,  Nickeles  Woodbery,  Joseph  Phepeny,  John 
Lomberd,  Edword  Hillierd,  Edmon  Goyell,  Roberd  Bradford, 
Jorge  Hackser,  Thomas  Howord,  Cristhofer  Philips,  Esxceke 
Foote  and  Philipe  English,  impanelled  17  :  3  :  1675,  to  inquire 
into  the  death  of  Elisha  Witte,  reported  that  he  was  drowned 
from  a  boat  which  sunk,  being  overloaded. 

Rowley  births,  marriages  and  deaths  for  1676: 

John,  son  of  Samuel  and  Mary  Dreser,  Apr.  1. 

Judah,  son  of  John  and  Deborah  Trumble,  July  30. 

Mary,  daughter  of  John  and  Mary  Sawier,  Oct.  18. 

Thomas,  son  of  Robert  Roberts,  Nov.  11. 

Dorras,  daughter  of  John  and  Elizabeth  Hopkinson,  Feb. 
18. 

Rowley  marriages,  1676: 

John  Spoferd,  jr.,  and  Sarah,  daughter  of  David  Wheeler, 
Mar.  9, 

Samuel  Spofford  and  Sarah,  daughter  of  Thomas  Burkbee, 
Dec.  5. 

Benjamin  Scott  and  Sussanah,  daughter  of  John  Scails 
Dec.  28. 

*  Autograph. 


116  SALEM  QUARTERLY  COURT  [DeC. 

Rowley  burials,  1676: 
Margrit,  wife  of  Lenord  Harryman,  Oct.  22. 
Merrie,  daughter  of  William  Stickney,  Jan.  14. 

Thomas   and   William   Bus deposed,    May   24, 

1675,  concerning  minister's  rates.     Copy  made,  Sept.  23,  1675, 
by  Robt.  Pike,*  commissioner. 

Nathanell  Browne  and  Nathanell  Estman  deposed  con- 
cerning planting  lots  and  fencing  boggy  meadow.  Copy 
made,  Sept.  23,  1675,  by  Robt.  Pike,*  commissioner. 

Jephery  Persons,  aged  about  thirty-eight  years,  deposed 
that  he  heard  Goodwife  Prince  complain,  weeping,  to  his 
father-in-law,  who  was  grand  jury  man,  concerning  her  hus- 
band's abuse  of  her  and  that  she  was  afraid  of  her  life.  Also 
that  if  he  killed  her  her  blood  would  be  required  at  the  town's 
hands. t 

Widow  Varnie,  aged  about  seventy-one  years,  deposed  that 
Goodwife  Prince  had  complained  to  her  son-in-law  and  Jephery 
Persons  of  inhuman  treatment  at  her  husband's  hands,  etc.f 
William  Vincen,  aged  about  sixty-three  years,  deposed  that 
Goodwife  Princ  complained  to  him  and  "wept  very  sore  so 
the  tears  run  downe  her  cheeks. "f 

Mary  Hadly,  aged  about  eighteen  years,  deposed  that  she 
saw  Thomas  Prince  so  drunk  at  his  house  that  he  could  not 
stand  upon  his  legs,  but  abused  his  wife,  saying  that  she  had 
improper  relations  with  John   Cook.f 

William  Vincen,  aged  about  sixty-two  years,  deposed  that 
Thomas  Princ  had  drunk  too  much  these  many  years  and  on 
May  20,  he  came  home  drunk  at  midnight  and  used  words 
not  fit  to  be  spoken. f 

Hugh  March,*  aged  about  fifty-four  years,  deposed  that 
he  saw  Samuell  Levett  assign  a  bill  of  boards  for  181i.,  dated 
Dec.  10,  1672  to  John  Woollcott.  Deponent  signed  as  witness 
and  Edward  Smith  endorsed  it.  John  Young  paid  the  boards 
to  said  Woollcott.  Sworn,  Mar.  30,  1675,  in  Ipswich  court. 
Bill  of  costs  of  Ephraim  Maston.     Joseph  Moulton,  Edw. 

Young  and  Joseph  Rich ,  spent  upon  the  country's  charge 

at  Cornet  Severance's  by  order  of  Major  Pike.     Owned,  14  : 
11  :  1675,  by  Robt.  Pike,*  sergt.  major. 
''To  Captaine  George  Corwine 

"Understanding  that  your  Gierke  hath  refused  to  take  the 
oath  suitable  to  his  place  as  the  law  requires,  and  doth  wholly 
neglect  his  duty  whereby  the  country  service  is  neglected  & 
the  troope  thereby  too  apt  to  be  disordered,  you  are  there- 
fore without  delay  to  appoint  another  sufficient  &  faithful 
man  for  that  seruice,  &  to  cause  him  to  take  the  oath  sutable 
to  his  place  &  to  discharge  the  former  &  require  him  to  appeare 

♦Autograph.  fSee  ante,  vol.  IV,  p.  441. 


1675]  RECORDS    AND    FILES  117 

Administration  upon  the  estate  of  Caleb  Kemball,  who 
was  slain  in  the  war,  was  granted  to  Henry  and  Richard  Kem- 
ball, the  latter  making  oath  to  the  inventory  which  was  allowed. 

at  the  Court  to  be  held  at  Salem  to  answer  his  former  neglects. 

Daniel  Denison,*  Maj''  Genii. 

"by  a  spechel  warent  from  the  worshipful  M^^  Hathorne 
derected  to  the  marshall  he  not  being  at  home  his  sone  being 
his  deptuy  went  with  the  warrent  ouer  to  Marbelhead  & 
tooke  asestenc  with  him,  ye  constabel  to  haprend  two  french 
men  &  cold  not  doe  it  the  first  time  ware  faine  to  goe  againe 
&  then  we  brought  them  before  his  worship  for  which  troubel 
we  haue  had  nothing  we  therefore  desire  the  honored  Court 
to  consider  it." 

"Constabel  Cliford  reacued  a  warentto  warne  two  witneses 
for  Thom  Malls  presentment  which  ware  Left.  Putmans 
wife  &  Josuah  Rayes  sone  a  great  way  to  goe  desire  the  honred 
Court  to  consider  of  it  and  for  the  whiping  of  Thomas  Mall. 
SO*^  alowed  for  whipping  Tho:  Maule." 

Search  warrant,  dated  18  :  10  :  1675,  to  the  constable  of 
Salem  or  Marblehead,  for  the  apprehension  of  Joseph  Gatchell, 
for  base  speeches  against  the  court,  "to  search  any  house 
where  you  think  him  to  be  &  if  denied  to  break  open  any 
Doores,  closets  &  chestes,"  etc.,  signed  by  Wm.  Hathorne,* 
assistant. 

Warrant,  dated  Oct.  28,  1675,  to  the  constable  of  Salem, 
for  the  apprehension  of  John  Pollet  alias  Pollard  and  Richard 
Prichard  to  answer  for  taking  a  horse  of  Mr.  Hubbard's 
out  of  his  pasture,  riding  away  with  him,  and  being  pursued 
abused  them  and  the  constable  that  endeavored  to  keep  the 
peace,  they  or  their  companions  threatening  to  shoot  them 
with  a  brace  of  bullets,  signed  by  Daniel  Denison,*  and  served 
by  Masaseth  Marston,*  constable. 

Robart  Ames  and  Edmond  Bridges  testified,  Dec.  3,  1675, 
that  on  Dec.  2  "bet wen  the  bells  ringine  as  we  thinke  we  saw 
the  bakar  dauid  fogs  man  that  works  at  Tho  malls  house 
cout  wood  openly  in  the  street  and  we  saw  his  shope  window 
one  part  open  of  it  as  we  went  to  meeting." 

Bill  of  cost  in  the  action  between  John  Newman  and  Willm. 
Whitredge. 

Return  of  constable  William  Sargant,*  of  Gloster,  to  Good- 
man Lord,  dated  13  :  2  :  1675,  that  he  had  summoned  John 
Fich,  Thomas  Riggs  and  Thomas  Miliatt  to  answer  their  pre- 
sentment, with  Mr.  Emerson  and  Anthony  Day  as  witnesses. 

*  Autograph. 


118  IPSWICH    QUARTERLY    COURT  [Mar. 

Court  remitted  15s.  of  a  fine  of  William  Smith's  formerly, 
now  to  be  discounted. 

Court  held  at  Ipswich,  Mar.  28,  1676. 

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

Jury  of  trials:  Mr.  Daniell  Epps,  Nathaniell  Wells,  Abra- 
ham Perkins,  Thomas  Lovell,  Tho.  Clarke,  Edw.  Chapman, 
Ed.  Woodman,  Hen.  Jaquis,  Tho.  Lambert,  John  Plumer, 
Jo.  Spoford  and  Jacob  Towne. 

Administration  upon  the  estate  of  John  Littlehale,  who  was 
slain  in  the  war,  was  granted,  on  Nov.  25,  1675,  to  Edmond 
Bridges  and  Mary  his  wife,  late  wife  of  Richard  Littlehale 
and  mother  of  said  John,  who  were  ordered  to  bring  in  an 
inventory  to  the  next  Ipswich  court. 

Whereas  there  were  several  lands  that  were  given  and 
bequeathed  by  Thomas  Browning,  deceased,  by  will  to  Joseph 
Williames*  and  Isaac  Meachum,*  his  son-in-law,  which  lands 
were  undivided,  said  Joseph  and  Isaack  agreed  as  follows: 
that  Joseph  Williams  was  to  have  the  ten  acre  lot  in  the  south 
field  between  Nathaniell  Pickman's  and  John  Pickering's 
lands,  one  care  of  salt  marsh  lying  by  Marblehead  bridge,  one 
acre  of  bastard  marsh  lying  in  the  south  field  between  some 
marsh  of  Richard  Prince  and  Paule  Mansfeild's  marsh,  and 
one  quarter  of  an  acre  of  marsh  lying  by  the  Deacon's  marsh 
by  the  mill  pond,  with  the  fence  belonging  to  the  said  ten  acre 
lot  lying  at  the  field  gate;  and  for  the  house  and  ground  in 
the  town,  Joseph  is  to  have  for  his  part  one-half  of  the  land 
with  the  house  that  was  said  Thomas  Browning's,  being  the 
south  end  of  the  land  next  to  the  water,  he  paying  the  said 
Isaack  or  his  heirs  at  the  decease  of  Mary  Browning  their 
mother-in-law,  121i.;  Isaack  was  to  have  for  his  part  the  five 
acres  called  Mousers  with  the  fence  that  belongs  thereto,  also 
three-quarters  of  an  acre  of  salt  marsh  that  lies  between  some 
marsh  of  Joshua  Buffum  and  some  marsh  of  Richard  Prince 
and  the  one  half  of  the  ground  in  the  town,  being  that  half  that 
lies  from  the  water  to  the  north,  said  Joseph  paying  to  said 
Isaack,  121i.  at  their  mother's  decease,  in  consideration  of 
the  housing  that  stands  upon  the  said  Joseph's  part,  as  afore- 
said. Wit:  Hilliard  Veren,  sr.f  and  John  Batcheler.f  Sworn, 
17:2: 1675,  before  Wm.  Hathorne, f  assistant.  Recorded  in  the 
records  at  Salem,  book  9,  fol.  109,  by  Hilliard  Veren, f  recorder. 

*  Autograph  and  seal.  t  Autograph. 


1676]  RECORDS    AND    FILES  119 

Steeven  Grose  acknowledged  judgment  to  Ezekiel  Needum 
in  pine  boards  at  30s.  per  M.  delivered  at  Mr.  Ralph  King's 
at  Lynn. 

Administration  upon  the  estate  of  Marke  Bachelar  was 
granted  on  Jan.  16,  1675,  to  John  Bacheler,  his  brother,  who 
was  ordered  to  bring  in  an  inventory  to  the  next  Ipswich  court. 

Administration  upon  the  estate  of  Margaret  Kimball  of 
Ipswich,  late  wife  of  Richard  Kimball,  was  granted  on  Mar.  4, 
1675-6,  to  Daniell  Dow  and  Thomas  Dow,  sons  of  said  Mar- 
garet, who  were  ordered  to  bring  in  an  inventory  to  the  next 
Ipswich  court. 

Edward  Lomas  v.  Michaell  Farley.     Withdrawn. 

Samuell  Pippen  v.  James  White.     Verdict  for  plaintiff. 

Robert  Savery  v.  Phillip  Nellson.  Breach  of  covenant 
by  lease.     Verdict  for  plaintiff. 

Thomas  Woodberry  v.  Thomas  Patch.  Debt  due  for  rent. 
Verdict  for  plaintiff,  half  in  corn  and  pork  and  half  in  neat 
cattle.  Appealed  to  the  next  Court  of  Assistants.  Said  Patch 
bound  with  Walter  Fairefield  and  Richard  Hutton,  sureties.* 

Mr.  Thomas  Woodbridge  v.  Capt.  Wm.  Gerrish.  Verdict  for 
plaintiff,  t 

*Writ:  Thomas  Woodbery  v.  Thomas  Patch  of  Wenham; 
debt,  for  rent  of  a  farm  or  certain  tenement,  with  some  cat- 
tle, according  to  lease;  dated  Mar.  13,  1675-6;  signed  by  Hil- 
liard  Veren,t  for  the  court;  and  served  by  Henery  Skerry,! 
marshal  of  Salem,  by  attachment  of  oats,  barley,  Indian  corn, 
one  black  cow,  tAvo  black  yearlings  and  a  cart  and  wheels, 
tendered  by  defendant's  wife. 

fWrit:  'Mr.  Thomas  Woodbridg  v.  Gapt.  WilHam  Gerrish; 
for  not  paying  a  debt;  dated  Feb.  25,  1675;  signed  by  Anthony 
Somerby,!  for  the  court;  and  served  by  Joseph  Pike,t  con- 
stable of  Newbery.  Bond  of  Wm.  Gerrish,!  with  Nicholas 
NoyesI  and  Anthony  Somerby,|  as  sureties. 

William  Cogswell's  bill  of  cost,  19s.  4d. 

Thomas  Woodbridge's  bill  of  cost,  51i.  Is.  8d. 

Jno.  Joanes,  aged  about  twenty-two  years,  testified  that 
Gapt.  Gerrish  said  that  he  had  never  made  up  an  account  with 
Mr.  Thomas  Woodbridge  in  all  his  life  and  could  not  make 
him  do  it.  Sv/orn,  Feb.  10,  1675,  before  Nath.  Saltonstall,J 
commissioner,  who  also  attested  to  the  same. 

J  Autograph. 


120  IPSWICH    QUARTERLY    COURT  [Mar. 

Samuell  Lowle  deposed  that  two  years  ago  the  captain  had 
among  other  goods  from  Mr.  Woodbridge  two  pieces  of  kersey 
which  he  asked  deponent  to  exchange  for  another  color,  and 
he  did  so.     Sworn  in  court. 

Richd.  Dole,  aged  about  fifty-two  years,  deposed  that  in 
May,  1675,  Capt.  Gerrish  showed  him  a  bill  of  22011.  under 
Mr.  Woodbridg's  hand  and  desired  deponent  to  ask  the  latter 
why  he  was  in  for  the  payment.  He  acknowledged  that  he 
had  given  such  a  bill  when  they  were  at  Boston  together, 
but  there  was  due  to  the  Captain  not  so  much  by  fifty  or  sixty 
pounds.  Deponent  asked  why  he  gave  a  bill  for  more  than  he 
owed  and  he  replied  that  it  was  part  of  Capt.  Wever's  estate 
that  he  and  Capt.  Gerrish  were  to  divide.  "I  said  to  him  if 
it  was  so  it  was  little  better  than  knavery;  and  I  would  pres- 
ently ask  y^  Cap*,  accordingly  I  did;  Cap*  Gerrish  then  de- 
siered  me  y*  I  would  be  a  means  y*  m""  Woodbridg  and  he 
might  have  a  meeting,  y*  he  might  make  a  peace  before  mee 
how  this  bill  of  220"  was  due  to  him,  and  for  what,  and  did 
profess  he  never  had  a  peny  of  Weaver's  estate  on  any  such 
account  direcktly  or  indirecktly  in  a  few  days  after  Cap* 
Gerrish,  and  M""  Woodbridg  meett  att  Goodman  March's, 
and  brought  thaier  books,  I  being  psent  and  herd  them  both 
own  y*  thay  came  to  an  account  in  August:  1674:  and  that 
it  was  wrighten  in  both  thaier  books  Reckoned  such  a  day 
in  y*  month  due  to  Cap*  Gerrish  48"  in  mony,  but  in  m''  Wood- 
bridgs  book  he  said  it  was  written  48"  due  to  Cap*  Gerrish 
errors  exepted  Cap*  Gerrish  did  then  account  for  y^  48" 
together  w*''  Malt,  porke,  beefe,  and  other  payments,  W^ 
m"^  Woodbridg  did  owne  he  had  received  of  Cap*  Gerrish  to 
y^  Valine  of  about  260"  and  all  y*  m""  Woodbridg  did  then  deny 
was  a  psell  of  goods  about  221i.  y*  he  s"^  Cap*  Gerish  did  never 
returne  him  againe:  I  then  asked  m'  Woodbridg  why  he  s^ 
y*  part  of  y^  bill  was  Weaver's  estate,  he  could  not  or  did  not 
make  me  an  answer."     Sworn  in  court. 

Dudley  Bradstreet,  aged  about  twenty-seven  years,  deposed 
that  he  was  at  Woodbridge's  house  at  Newbury,  etc.  Sworn, 
Mar.  28,  1676,  before  Daniel  Denison.* 

Richard  Dole,  aged  about  fifty-two  years,  deposed  that  in 
June,  1675,  there  being  a  difference  between  Mr.  Thomas 
Woodbridg  and  Capt.  William  Gerrish  about  the  eighth  part 
of  a  vessel  which  William  Starling  was  then  building,  and  which 
Woodbridge  was  to  pay  for  and  Gerrish  was  to  have,  deponent 
was  asked  to  arbitrate.  He  proposed  that  Woodbridge  pay 
2201i.  to  Gerrish  for  his  debt,  instead  of  the  eighth  part  of  the 
vessel,  in  goods  as  they  cost  in  Boston,  abating  one  penny  in 
the  shilling,  the  goods  being  "dear  bought,"  and  they  both 

*Autograph. 


1676]  RECORDS    AND    FILES  121 

accepted  it.  Deponent  persuaded  Capt.  Gerrish  to  take  a 
note  under  his  hand  for  the  payment  of  fourteen  pieces  of  serge 
and  a  parcel  of  nails,  and  another  bill  payable  in  fish.  Sworn 
in  court. 

Nathaniell  Bricket,  aged  about  twenty-six  years,  deposed 
that  he  carried  goods  to  the  value  of  about  15011.,  and  English 
goods  and  a  hogshead  of  sugar  to  the  value  of  about  30011. 
to  Capt.  Gerrish  from  Woodbridge's  house,  etc.  Sworn  in 
court. 

Richard  Dole,  aged  about  fifty-two  years,  deposed  that 
Woodbridge  asked  him  to  be  a  partner  with  him  and  Capt. 
Gerrish,  but  he  refused.  ''Capt.  Gerrish  said  if  I  would  not 
Joyne  in  y*  way  he  would  not  Joyn  therein  neither,  m"^  Wood- 
bridg  said  I  have  had  seventy  eight  pound  in  money  of  Cap* 
Gerrish  att  Boston;  and  so  Cap*  I  will  repay  you  yo"  mony 
againe  or  else  if  you  please,  you  shall  have  as  much  of  y^ 
goods  y*  I  have  here  and  those  y*  I  have  to  Com  up,  as  yo' 
mony  Coms  too  or  what  you  please,  I  then  said  to  y^  Cap* 
m'  Woodbridg  did  speke  faire,  y"^  Cap*  said  he  would  stay  untill 
y«  next  boat,  and  see  whether  or  no  there  was  any  y*  he  did 
like  better,  etc.     Sworn  in  court. 

Dudley  Bradstreet,  aged  twenty-seven  years,  deposed 
that  he  saw  the  goods  delivered,  etc.  Sworn,  Mar.  28,  1676, 
before  Daniel  Denison.* 

Dudley  Bradstreet,  aged  twenty-seven  years,  testified  that 
in  Dec,  last  he  was  at  the  house  of  Mr.  Richard  Dole  at  New- 
bery  in  company  with  Capt.  William  Gerrish,  Capt.  Salting- 
stall,  Mr.  Thomas  Woodbridge  and  others  when  Capt.  Gerrish 
owned  before  the  whole  company  that  his  agreement  was  that 
what  he  paid  in  country  pay,  a  third  should  be  abated  to  make 
it  money.     Sworn,  Mar.  28,  1676,  before  Daniel  Denison.* 

Jno.  Joanes,  aged  about  twenty-two  years,  testified.  Sworn, 
Feb.  10,  1675,  before  Nathll.  Saltonstall,*  commissioner. 

Thomas  Lowle,  aged  about  twentj^-four  years,  testified. 
Sworn,  Feb.  10,  1675,  before  Nath.  Saltonstall,*  commissioner. 

Goods  received  from  Mr.  Thomas  Woodbridge  by  Capt. 
Gerrish:  17  yeards  &  1-2  peniston  at  3s.,  21i.  12s.  6d.;  3  peices 
of  blew  linnen,  31i.  7s.  6d.;  1  peice  of  fustion.  Hi.  10s.;  2 
peices  of  ozenbriggs,  31i.  2s. ;  silke,  18s.  6d. ;  3  peices  of  sarge, 
lOli.  9s.;  1  peice  of  galoone,  3h.  3s.;  Scotch  cloth  10  yards,  lli. 
3s.  4d.;  scotch  cloth,  31i.  9s.  15d.;  5  ells  of  tafity,  31i.  10s.; 
18  knives,  10s.;  1  pr.  tongs,  5s.;  tape,  7s.;  6  pr.  stocs,  16s. 
6d.;  2  razors,  5s.;  buttons,  13s.  6d.;  combes,  6s.  6d.;  Laces, 
17s.;  thread,  4s.;  camlett,  2U.  10s.;  nayles,  41i.  lis.  3d.; 
1  peece  cullord  calico,  19s.;  11  yards  stuf,  lli.  19s.;  1-2  yd. 
silke,  4s.  3d.;    3  books,  3s.;    tobacco,  7s.;    powder,  61i.  10s.; 

*Autograph. 


122  IPSWICH    QUARTERLY    COURT  [Mar. 

gloves  and  laces,  17s.  9d.;  Rybben  and  whalebone,  18s.; 
1  pees  stuf,  71i.;  1  oz.  silke,  3s.;  prunes,  10s.  6d.;  nayles, 
61i.  5s.;   wool,  121i.;   more  81i.  lis.  7d. 

Tho.  Woodbridg's*  account  in  which  Capt.  William  Gerrish 
is  creditor,  Mar.  6,  1673-4:  By  ballance  of  money  &  goods 
Received  of  you,  lOOli.  12s.  lOd.;  June  1,  1674,  by  goods 
received  but  not  at  money  price  by  Goodman  March,  Hi. 
18s.;  Nov.  6,  1674,  by  30  bush,  malt  from  Mr.  Knight,  61i.; 
Nov.  29,  By  John  Bartlett,  sr..  Hi.  10s.;  1  hide,  17s.;  your 
whole  account  of  pork  that  year  1031  pd.  at  3d.  p.,  121i.  17s.; 
beife,  141i.  8s.;  1600  foot  of  Refuse  boards,  31i.  4s.;  by  Joshua 
Boynton,  10s.;  by  Thomas  Smith,  121i.  10s.;  Feb.  7,  1674, 
by  124  bushlls.  malt  from  Mr.  Peirce,  241i.  16s.;  by  Good. 
March,  51i.;  by  25  pd.  wool  to  Good.  Farnum,  Hi.  5s.;  Feb. 
19,  by  4  bush,  salt  at  5s.,  Hi.;  by  Caleb  Moody,  Hi.;  WiUiam 
Haccutt,  Hi.  14s.  4d.;  3  :  18  :  by  Mr.  Starling,  91i.  10s.;  6  : 
10  :  by  a  Cow  delivered  to  Jno.  Martin  upon  Mr.  Starlmg's 
account,  51i.;  by  Mr.  Dole,  61i.  8s.;  by  David  Wheeler,  18s.; 
Mar.  6,  1674-5,  bv  Mr.  Jeremiah  Hubbert,  9s.  8d.;  by  372 
bush,  malt  &  fraight,  801i.  18s.;  Nov.  5,  1675,  by  1,000  Board 
nailes,  1,000  Clapboards  nailes  &  1,000  shingle  nailes,  17s.; 
total,  28311.  4s.  2d.  Memorandum  which  was  forgot  p  John 
Kent,  6h.  Due  from  the  Captain,  20711.  10s.  2d.  in  money. 
Sworn  in  court. 

Capt.  William  Gerrish  is  Dr.,  Mar.  14,  1673,  to  goods  de- 
livered him  pr.  Tho.  Woodbridge,  which  Mr.  Chase  brought 
from  Boston:    half  a  pee  of  penistone,  311.  7s.  6d.;    1  pee  fine 
fustlon,   Hi.   10s.;    2  pes  White  ossinbrlx,  411.  9d.;    9  ounces 
&  1-4  of  silke,   18s.  6d.;    3  pes  fine  mixed  serges,   lOU.   16s.; 
one  pee  Broad  galoone,   31i.  3s.;    4  pees  scotscloth  at  28d., 
20d.,  24d.,  and  22d.  p  yd.,  41i.  10s.  7d.;    to  5  ells  duelass  at 
14s.  p  ell,  311.   10s.;    1   Dos.  half  Ivery  hafted  knives,   10s.; 
1  doss.  Tobacco  Tongs,  5s.;    3  pees,  half  Blulinen,   106  yd., 
611.  12s.  lid.;  6  pees,  fine  white  tape,  9s.  7d.;   1-2  doz.  Womens 
wosted  hose,  16s.  6d.;    2  Raysors,  5s.;   3  Gross  silke  Buttons 
1  Gross  Brest,  13s.  6d.;    1  Dos.  Large  horned  combs,  6s.  6d. 
half  a  pee.  Cambricke,  17s.;    2  pd.  Thread,  5s.;    half  a  pee 
Camlet,  211.  10s.;   half  a  large  barill  Board  neyls,  4U.  Us.  3d. 
1  pee.  coulored  Callico,   19s.;    11  yd.  fine  prunella.  111.  19s. 
half  1  yd.  silke,  4s.  3d.;   3  books,  14  pd.  role  tobacco,  lis.  6d. 
1  dos.  Gloves,  Hi.;    1  Gross  thread  Laces,  7s.  6d.;    1  Barrill 
powder,  611.  10s. ;    1  pee.  six  peny  rlbon,  14s. ;   whalebone  and 
silke,  8s.;    1  pec.  stuff,  411.   16s.;    10  m.  Large  shingle  neyls. 
Hi.  10s.;    2  Baggs  wooll,  137  lb.  &  143  lb.  at  6d.  p  pd.,  12h.; 
1-2  pee  red  Gotten,  29  yd.  1-2  at  27d.,  411.  8s.  lOd.;    1  pd.  fi.ne 
white  thread,  8s.;    1  pee.  kersie,  41i.  5s.;    1  pee.  fine  wide  serge, 

*  Autograph. 


1676]  RECORDS    AND    FILES  123 

41i.;   14  Ells  hollan,  41i.  3s.  7d.;   1  pee.  more  kersie,  41i. ;    1  pee. 
serge,  31i.;   total,  10611.  3s.  4d.     Goods  sold  on  Apr.  24,  1674: 
to  1  pee.  fine  Broad  camlet,  71i.;    the  half  of  2  Barrill  neyls, 
61i.  5s.;    2  pees  sleasie,  21i.  10s.;    2  pees.  Scotseloth,  28  yd.  at 
20d.,  21i.  6s.  4d.;    200  weight  pruens.   Hi.   10s.;    on  May  7, 
1674,  to  22  pd.  Rolle  Tobacco,  lis.;    silke  to  your  daughter 
Mary,  5s.;    paid  to  your  men  that  brought  your  boards,  in 
Drinke,  2s.;  on  July  27,  1674,  to  1  fine  Castor,  12s.;  2  Blankets, 
18s.;    on  Aug.   13,  to  \vollencloth,  21i.   10s.;    paid  weaver  for 
neyles  for  you,  2s.;   Sept.  6,  to  3  pd.  powder  to  Moses,  4s.  6d.; 
to  18  pd.  beeff,  3s.;  4  yd.  fine  kersie.  Hi.  8s.;  1  Gross  silke  Coat 
buttons,  7s.;    2  Gross  Gimp  buttons,  8s.;    2  pd.  half  Thread, 
6s.;    1  pd.  whited  Browne  thread,  6s.;    1  Ream  paper,  6s.  6d.; 
3  ounces  silke,  7s.  6d.;  3-4  yd.  fine  stuff,  3s.;  on  Sept.  4,  1674, 
16  pd.  Tobacco,  8s.;    on  Oct.  27,  1674,  1  yd.  3-4  Tabee,  17s. 
6d.;    186  pd.  Nevis  Sugar,  21i.  7s.  8d.;   Mar.  5,  1674-5,  6  pd.  & 
half   Tobacco,  3s.  3d.;    1    pee.  fine  stuff,  60  yds.,  71i.;    1  pee 
fine  prunella,  41i.   17s.;    3  quier  Paper,   Is.  6d.;    parcel  small 
boxes  &  desks,  13s.;   stuff  to  Line  sleeves,  3s.  6d.;   25  yds.  fine 
kersie,  lOli.  12s.;    to  6  yd.  fine  hollan,  21i.  2s.;    1  pee.  sleasie 
hollan,  21i.  10s.;    1  pee.  stuff,  29  1-2  yd.,  31i.  8s.  lOd.;    10  yd. 
half  fine  serge.    Hi.    16s.   9d.;    Thread,  ribon  &  tape,   7s.;    2 
pd.  Currants,  2s.;    Aug.  27,   1675,   1  hh.  sugar,  800  pd.,  81i.; 
7  pees.  Blulinen,  22  1-2  yd.,   llli.   17s.;    3  Double  pecs,  fine 
prunella,    151i.    10s.;     1   pee.  farrandine,   61i.;    3   pees,   mixed 
stuff,  81i.  5s.;    1  pee.  Broad  stuff,  31i.  10s.;    1  pee.  Broad  penis- 
tone,  45  yd.  1-2,  61i.  5s.  1  l-2d.;    189  Ells  fine  ossinbrix,  161i. 
4s.  4d.;   1  pee.  hollan,  20  ells,  51i.  10s.;   1  pee.  flanell,  67  1-2  yd. 
at  2s.,  61i.  15s.;  2  pees  fine  fulled  serge,  llli.  10s.;   1  pee.  mixed 
serge,  21i.  15s.;    1  pee.  prest  serge,  31i.  18s.;    1  pee.  fine  serge 
51i.  17s.;  1  pee.  prest  serge,  31i.  19s.;   1  pee.  prest  serge,  31i.  10s. 
four  pees,  mixed  serges,  121i.;    1  pee.  kersie,  41i.;   2  pees,  half 
Thick  kersie  at  2s.  7d.,  71i.  12s.  6d.;  1  pee.  hole  kersie,  31i.  10s. 
2  pees,  duffals,  71i.  lis.  3d.;    6  pees.  Callico,  61i.  2s.;    11  yd 
sey,  Hi.  8s.  6d.;    1  pee.  Irish  Linen,  Hi.  3s.  2d.;   2  pees.  Laun 
31i.  12s.;   Irish  Linen,  Hi.  7s.  9d.;   1  pee.  Gimpe  Lace,  Us.  3d. 
15  Gross  Coat  &  Brest  Buttons,  31i.  17s.  6d.;    2  Gross  ditto 
12s.;    1  Gross  Gimp  ditto,  3s.  9d.;    1  Gross  silke  ditto,  6s. 
1-2  pee.  Ribon,  7s.;   1  doss.  Ivery  hafted  knives,  9s.  6d.;   1  pee 
Broad  ferrit,  12s.  6d.;    1  Gross  Thread  Laces,  5s.  6d.;   3  pees 
fillinston  tape,  2s.  6d.;  36  yd.  1-4  white  Duffals,  81i.  3s.  1  l-2d. 
37  yds.  ditto  at  4s.  6d.,  81i.  6s.  6d.;    1  pee.  manchister,  2s.  6d. 
1  pee.  silke  Galoon,  8s.  6d.;   3  Doss,  silver  &  Goold  Lace,  31i 
7s.  6d.;   Nov.  4,  1675,  4  yd.  ribon,  Is.  4d.;   Nov.  6,  1675,  8  yd 
silver  &  sattin  ribon,  4s.;    4  Barrills  Neyls,  271i.  9s.;    14  pees 
serges  at  50s.,  351i.;  total,  43011.  5s.  8d.     The  last  articles  were 
delivered  by  Thomas  Woodbridge,  his  boy,  Thomas  Lowle  and 


124  IPSWICH    QUARTERLY    COURT  [Mar. 

Capt.  Wm.  Gerrish  v.  Thomas  Woodbridge.  Verdict  for 
plaintiff.* 

Steven  Swet.     Sworn  in  court  by  Thomas  Crosby  and  Mr. 
Thomas  Woodbridg. 

*Wm,  Gerrish's  bill  of  cost,  21i.  4d. 

Mr,   Thomas  Woodbridge,   Or.,  to   1   pece  of  fustine  30s. 
1  pece  of  ossinbrigs,  36s.;  2  pecs,  of  serge,  71i.  4s.;   1  pece  more 
31i.  5s.;    10  1-2  of  scotch  cloth,  28s.;    5  ells  of  taffity,  70s. 
silke,  18s.;    12  knifes,   10s.;    1  ds.  Tobacco  tongs,  5s.;    tape 
9s.  7  l-2d.;    1  raser,  2s.  6d.;   2  gs.  1-2  buttons,  16s.  6d.;    1  ds 
combs,  5s.;   Laun  &  thrid,  20s.;  1  pece  of   camlett,  55s.,  31i 
15s.;  5  M.  1-2  shingle  nails,  3s.  6d.;  8  M.  nails,  9s.;  Two  baggs 
of  Gotten  wooll,  lli.;    1  pece  of  CoUord  callico,   19s.;    thrid, 
3s.  9d.;    1  br.  powder,  61i.;    10  1-2  of  sleasy,  22s.  lOd.;    11  yds. 
of  stuffe,  39s.;    total,  501i.  10s.  5  l-2d.     To  1  hatt  &  1  p  of 
blaincketts,   1  peece  of  beafe,   lli.  5s.   lid.;    4  yds.  of  Carsy, 
thrid,  silke,  facing  &  buttons,  lli.  15s.;     4  yds.  1-2  of  fustine, 
6s.   9d.;    powder,   6s.;    thrid,    10s.;    buttons,   2s.;    nails.    Is.; 
knife,  9d.;    Tobacco,  9s.;    nails,  18d.;    1861i.  of  suger,  3  quire 
of  paper,  1  pece  of  Carsy,  6  yds.  of  hollond,  1  pece  of  drugett, 
10  yds.   1-2  of  serge,   121i.   19s.;    money  reed,  in  Boston,   lli. 
6s.     Sworn  in  court. 

Mr.  Thomas  Woodbridge's  account.  Mar.  12,  1673-4:  to 
money  dd.  himself  in  Boston,  781i. ;  to  money  p  sale  of  a  barke 
wch.  he  sould  lOli.  10s.;  to  money  pd.  Caleb  Mody,  20s.; 
to  goods  dd.  Mr.  Dole,  61i.  8s.;  to  Hugh  March,  goods,  38s. 
9d.  Accounted  with  Mr.  Thomas  Woodbridge,  Aug.  14,  1674, 
due  to  balance,  481i.;  to  2091i.  of  porke  in  a  barill  sent  p  Henry 
Jacquis,  salt,  21i.  16s.  9d.;  4  m.  of  shingle  &  2  M.  of  bord  nayls 
with  exchainge  of  nayles,  21i.  17s.  4d.;  nayls,  21i.  7s.  6d.; 
3  M.  of  plainke  &  bords,  71i.  10s.;  30  bou.  of  mault,  61i.;  to 
barly  p  Tho.  Noys  &  Tho.  Smith,  211i.;  Jos.  Bointon,  9s.  4d.; 
173211.  of  beafe  at  2d.,  141i.  8s.  8d.;  103111.  porke  at  3d.,  121i. 
17s.  9d.;  to  hides,  47s.;  to  251i.  of  wooll,  291i.  2s.;  To  salt  & 
porke  as  money,  45s.  lOd.;  to  mault  pd.  Geo.  March,  51i.; 
mault  pd.  Mr.  Pearce,  241i.  16s.  2d.;  to  Sam.  Mody,  lis.; 
fraight  &  charges,  37s.  6d.;  lli.  powder,  2s.  6d.;  wooll,  19s.; 
to  Skiper  Hacket,  34s.  4d.;  Tobacco,  2s.;  account  made,  3s. 
2d.;  400  bu.  mault  money,  7011.;  to  Hen.  Tewxsbury,  511.; 
Mr.  Sterlin,  141i.  12s.  lOd.;  David  wheler,  18s.;  Mr.  Hubard, 
91i.  8s.;  S.  Mody,  5s.  6d.;   money  lent,  36s.;   21i.  powder,  5s. 

To  goods  received  June  19,  1675:  1  hd.  suger,  71i.  14s.; 
7  pecs,  of  blew  Lining  at  12d.,  lOli.  12s.;  2  pecs,  of  prunnella, 
1  pece  of  farendine,  2111.  10s.;  3  pecs,  of  stuffe,  81i.  5s.;  1  peec, 
70s.;  1  pece  penistone,  611.  5s.  1  l-2d.,  181i.  1  l-2d.;  104  els 
of  Ossinb.  at  20d.,  811.  13s.  4d.;    1  p.  of  hoUand,  51i.  10s.;    1  p. 


1676]  RECORDS    AND    FILES  125 

Capt.    Wm.    Gerrish    v.    Thomas    Woodbridge.     Slander. 
Withdrawn.* 


of  flaning,  6s.  15d.;  7  p.  serge,  271i.;  2  p.  cloth  serge,  llh. 
10s.;  1  p.  carsy,  41i.;  2  pecs  &  halfe,  7Ii.  12s.  6d.;  1  p.  Carsy, 
70s.;  33  1-2  duffils.  71i.  lis.  3d.;  6  p.  of  Callico,  61i.  2s.;  11 
yds.  say  at  2s.  6d.,  27s.  6d.;  15  3-4  Irish  lining,  23s.  7d.  1-2; 
2  p.  Laune,  72s.;  17  1-4  Irish  lining,  25s.  10  l-2d.;  1  p.  gimp 
lace,  lis.  3d.;  15  gs.  of  buttons,  31i.  17s.  6d.;  2  gs.,  12s.;  1  gs. 
3s.  9d.;  1  gs.  6s.;  riben,  7s.;  12  knifes,  9s.;  6  remnant  ferett, 
2s.  6d. ;  1  gs.  of  laces,  5s. ;  6  tape,  2s.  6d. ;  36  1-4  and  36  1-4 
of  duffills  at  4s.  6d.,  161i.  6s.  3d.;  3  ds.  lace,  67s.,  6  lace  riben 
muting  codline,  lis.,  31i.  18s.  6d.;  reed,  ye  24  Nov.  75,  14 
pecs,  of  serges,  351i.;  3  Casks  of  nailes,  191i.  5s.  lOd.;  40  M.,  51i. 

To  a  bill  20011.  damages,  51i.,  sterlings  vessell,  151i.,  24011.; 
abatement  on  goods  reed.,  181i.  6s.  8d.;  to  21i.  powder,  4s.; 
nails.  Hi.  14s. 

Richard  Dole,  aged  about  fifty-two  years,  deposed.  Sworn 
in  court. 

Promissory  note  of  Thomas  Woodbridge  to  deliver  to  Capt. 
Gerrish  fourteen  pieces  of  serge  and  four  barrels  of  nails  "as 
soon  as  John  Kent  returns  from  Boston  the  next  time,  if  the 
Neyls  doe  not  come  to  twenty  fine  pounds  I  will  make  it  up 
but  if  they  comes  to  more  Capt.  Gerrish  is  to  pay  the  ouer 
plus  to  me."  Cancelled  by  signature  being  cut  out.  Wit: 
Rich.  Dolet  and  Dudley  Bradstreet.f     Sworn  in  court. 

Richard  Dole,  aged  about  fifty-two  years,  deposed.  Sworn 
in  court. 

John  Knight,  aged  about  fifty-one  years,  deposed.  Sworn 
in  court. 

Richard  Dole,  aged  about  fifty-two  years,  deposed.  Sworn 
in  court. 

Dudley  Bradstreet,  aged  twenty-seven  years,  deposed  con- 
cerning being  at  Hugh  March's  house  when  certain  agreements 
were  made  and  Woodbridge  refused  to  leave  the  matter  to 
the  determination  of  Capt.  Saltinstall.  'This  is  y«  substance 
of  what  I  can  say,  though  not  soe  methodicall  as  might  haue 
been  if  my  pap""  had  been  large."     Sworn  in  court. 

Moses  Gerrish,  aged  about  twenty  years,  deposed  that  he 
brought  up  for  Mr.  Thomas  Woodbridge  bags  of  cotton  wool 
which  were  from  deponent's  father,  etc.     Sworn  in  court. 

Ehzabeth  Gerrish,  aged  about  twenty-two  years,  deposed 
that  Mr.  Thomas  Woodbridge  came  to  her  father's  house,  etc. 
Sworn  in  court. 

*Thomas  Woodbridge's  bill  of  cost,  21i.  6s.  6d, 

t  Autograph. 


126  IPSWICH    QUARTERLY    COURT  [Mar. 

Erasmus  James  v.   John   Hascall.     Non-performance  of   a 


Caleb  Moody  testified  that  he  heard  Woodbridge  say  that 
Captain  Gerish  was  a  cheating  knave,  that  he  had  cheated  him 
out  of  1801i.,  and  that  he  had  told  a  damnable  or  devilish  he. 
Sworn  in  court. 

Jno.  Joanes  and  Steven  Swet  testified.  Sworn  m  court. 
Joseph  Hills,  aged  about  seventy  years,  deposed  that  in  the 
presence  of  Mr.  Henry  Sewall  he  heard  Woodbridge  say  that 
there  were  fifty  men  in  Newbury  who  would  say  that  Capt. 
Gerrish  had  cheated  them  and  that  he  would  be  cast  out  of 
the  church.  Deponent  asked  Rev.  Mr.  Jno.  Woodbridg  to 
give  him  a  meeting  at  his  son's  house,  which  he  did,  and  said 
Hills  then  declared  that  the  meeting  was  to  prevent  conten- 
tion between  Capt.  Gerrish  and  Woodbridge.  Mr.  Jno. 
Woodbridg  said  he  was  very  much  troubled  at  his  son's  speech- 
es many  times  and  he  had  counselled  him  to  moderation,  and 
asked  deponent  to  advise  him  how  to  act.  "I  answered  y* 
he  was  more  able  to  advise  himselfe  also  y^  s^  Tho.  Woodbridg 
then  said  y*  what  he  had  spoken  to  mee  about  Cheating  he 
had  spoken  to  som  others  and  bid  them  goe  tell  Cap*  Gerrish." 
Sworn  in  court. 

Anthony  Somerby,*  aged  sixty-six  years,  deposed  that 
Woodbridge  said  Gerrish  had  without  question  cheated  the 
town  of  Newbury  of  many  a  pound,  and  that  he  doubted  not 
that  he  had  taken  away  the  boards  from  Mr.  Richardsun's 
house.     Sworn  in  court. 

Tristram  Coffin,  aged  forty-four  years,  deposed  that  Wood- 
bridge  called  Capt.  Gerrish  a  cheating  knave  and  that  he  made 
a  profession  of  religion  to  cover  his  knavery,  whereupon  de- 
ponent advised  Woodbridge  to  be  more  moderate  in  his  words, 
for  Capt.  Gerrish  was  a  rational  man  and  would  do  what  was 
right.  Also  at  said  Woodbridge's  house,  the  latter  asked 
deponent  why  he  told  Gerrish  he  was  drunk.  Deponent  said 
he  did  not  tell  him  so  but  he  did  say  that  he  believed  "that 
he  wass  six  and  twenty."  Woodbridge  said  that  he  was  as 
well  then  as  at  this  present  time,  and  also  that  there  were 
only  five  men  in  town  who  would  not  say  that  Gerrish  had 
cheated  them,  to  which  deponent  replied  that  he  had  traded 
with  Capt.  Gerrish  for  many  score  pounds  and  he  had  never 
cheated  him.  Daniell  Lunt  said  the  same.  Woodbridge  re- 
plied that  Lunt,  deponent  and  Rich.  Doell  were  three  of  the 
five,  that  he  would  make  Capt.  Gerish's  house  a  dung  hill 
and  would  make  Capt.  Gerish  "fly  the  town"  or  else  he  should 
make  him  fly  the  town,  and  within  eight  months  he  would 
make  it  appear  what  Capt.  Gerish  was,  etc.     Sworn  in  court. 

*Autograph. 


1676]  RECORDS    AND    FILES  127 

covenant.  Verdict  for  plaintiff.  Damages  to  be  paid  in 
thirty  acres  according  to  the  dimensions  expressed.* 

Mr.  Wm.  Cogswell  v.  John  Cogswell,  son  and  heir  to  John 
Cogswell,  jr.     Review.     Nonsuited. 

John  Davis,  assignee  of  John  Dane  and  Alice  his  wife, 
administratrix  of  John  Newman  v.  Richard  Lee.  Debt. 
Verdict  for  plaintiff.     To  be  paid  in  merchantable  corn. 

Peeter  Tappan  v.  Jonathan  Haines.  Forfeiture  of  a  bond. 
Verdict  for  plaintiff.  Appealed  to  the  next  Court  of  Assist- 
ants. Said  Haines  bound,  with  Richard  Shatswell  and  Ed- 
ward Colcord  as  sureties. f 

*Writ,  dated  5  :  12  :  1675,  signed  by  Hilliard  Veren,^  for 
the  court,  and  served  by  Henery  Skerry, |  marshal  of  Salem. 
Bond  of  John  Hascol,+  with  Mark  Hascol,|  as  surety. 

Will.  Hammonij:  and  Robert  Persst  appraised.  Mar.  28, 
1676,  a  parcel  of  oars  at  3d.  per  foot  in  money.  Sworn,  28  : 
1  :  1676,  before  Wm.  Hathorne,t  assistant. 

Erasmus  James'  bill  of  cost,  21i.  3s. 

Bond,  dated  Dec.  30,  1675,  given  by  John  HascollJ  of  Bev- 
erly to  Erasmus  James  of  Marblehead;  for  one  black  horse 
branded  with  an  M  on  his  left  shoulder,  said  Haskall  agreed 
to  deliver  thirty  oars  by  Jan.  15,  twelve  of  which  were  to  be 
26  feet  long,  twelve  24  feet  long  and  six  22  feet  long,  all  of 
which  were  to  be  made  of  good  spruce,  and  delivered  at  the 
water  side  at  Bass  point  near  to  Goodman  Stagger's  at  Bass 
river  ferry.  Wit:  Jonathan  GachallJ  and  Edw.  Humphreys. J 
Sworn,  25  :  1  :  1676,  before  Wm.  Hathorne,|  assistant. 

fWrit,  dated  Feb.  5,  1675,  signed  by  Anthony  Somerby,f 
for  the  court,  and  served  by  Joseph  Pike,|  constable  of  New- 
bury.    Bond  of  Jonathan  Haj'nest  and  Edward  Colcord. | 

Award  of  the  arbitrators,  William  TitcombJ  and  Daniell 
Peirc,  jr., J  dated  May  25,  1675,  that  Jonathan  Hains  pay  to 
Petter  Tappin  31i.  19s.,  and  if  not  paid  at  the  time  prescribed, 
to  pay  20  bushels  of  well  dressed  barley  or  barley  malt.  Sworn 
in  court. 

Agreement,  dated  Mar.  23,  1674-7,  between  Peter  Topping 
and  Johnna  Haynes,|  to  leave  their  differences  to  Will. 
Titcomb  and  Danill  Parse.  Wit:  Tristram  CoffinJ  and  Deb- 
orah Coffin. I     Sworn  in  court. 

Tirza  Titcomb,  aged  seventeen  years,  deposed  that  the 
Saturday  night  before  Salem  court  in  Nov.,  1675,  after  sun- 
set, Mr.  John  Knight,  sr.,  came  to  Peter  Topin's  house  and 

^Autograph. 


128  IPSWICH    QUARTERLY    COURT  [Mar. 

Peeter  Tappan  v.  Susana  Tappan  and  Jacob  Tappan,  execu- 
tors of  Abraham  Tappan,     Debt.     Verdict  for  defendant. 

Peeter  Tappan  v.  Robert  Joanes.  Debt.  Verdict  for 
plaintiff.* 

Peeter  Tappan  v.  Robert  Joanes.  Debt.  Verdict  for 
plaintiff.f 

asked  leave  to  set  some  bags  into  the  house  and  when  Topin 
went  from  home  he  told  his  wife  to  receive  them,  but  they  saw 
neither  Knight  nor  the  bags.     Sworn  in  court. 

Petar  Toppan's  bill  of  cost,  21i.  9s.  6d. 

John  Knight,  aged  about  fifty-one  years,  testified  that  Jona- 
than Haines  of  Newbery  desired  him  to  lend  him  twenty-three 
bushels  of  malt  to  pay  Tappen,  which  he  did,  leaving  it  in 
sacks  on  the  ground  in  Tappan's  orchard,  saying  it  was  the 
award  of  the  arbitration  with  eight  per  cent,  interest.  Tappan 
said  he  would  not  take  it,  but  would  take  what  the  law  gave 
him,  and  went  into  the  house,  shutting  the  door,  etc.  Sworn 
in  court. 

Hugh  March,  J  aged  about  fifty  five  years,  testified  that 
he  saw  Jonathan  Haines  tender  Peter  Tappin  at  his  house  a 
lusty  black  horse  worth  41i.  and  six  or  eight  hats,  etc.  Sworn 
in  court. 

*Writ,  dated  Dec.  29,  1675,  signed  by  Anthony  Somerby,J 
for  the  court,  and  served  by  William  Browne,  J  constable  of 
Exeter.  Bond  of  Robart  (his  mark)  Jones  of  Executer  and 
John  Osgood!  of  Salisbury. 

Richard  Currier,  aged  about  fifty-nine  years,  and  Henery 
Jackways,  aged  about  fifty-six  years,  deposed  that  at  Better 
Tapin's  house  they  heard  him  demand  a  debt  of  Roberd  Jons, 
which  the  latter  claim.ed  he  had  paid  by  a  bill  of  sale  of  a 
piece  of  land.  Tapin  said  the  sale  was  worthless  as  it  was  not 
acknowledged,  but  Jons  said  if  he  would  deliver  the  bill  of 
sale  he  would  see  if  he  could  agree  with  Goodman  Jackways 
or  Mr.  Thomas  Woodbredg  to  pay  it,  etc.  Sworn,  Mar.  27, 
1676,  before  Robt.  Pike,t  commissioner. 

Bond,  dated  23  :  2  :  1672,  given  by  Robert  (his  mark)  Jones 
of  Amesbury,  for  boards  to  be  delivered  at  Powwow  river. 
Wit:   CoffinI  and rby.J 

Peter  Toppan's  bill  of  cost,  Hi.  14s.  6d. 

tPetar  Toppan's  bill  of  cost,  Hi.  6s.  6d. 

Robart  Jones  of  Sallbery,  Dr.,  Dec.  1675,  beeffe,  21i.  5s.; 
barell  of  beeffe,  31i.  3s.;  10  bushels  of  seed  oats.  Hi.  10s.;  2 
yards  of  holland,   12s.;    3  yards  of  holland,   13s.     Goodman 

t  Autograph. 


1676]  RECORDS    AND    FILES  129 

Lift.  Phillip  Nellson  v.  Robert  Saverj^,  Wm.  Bolton  and 
John  Woolcot.  Verdict  for  plaintiff.  Savery  and  Bolton 
were  considered  liable  persons  to  pay  the  rent.* 

Lift.  Phillip  Nellson  v.  John  Woolcott  and  Tho.  Thurla. 
Verdict  for  plaintiff.  Damages  done  before  1667,  Woolcott 
was  to  pay.f 

Silver,  Goodman  Mosses,  Obdyah  Ayres,  John  Pore,  Gorg 
Littel  and  Steven  Swett  mentioned. 

William  Fanin  and  Torsa  Tickcomb  testified  concerning 
the  debt  between  Toppan  and  Jones,  etc.     Sworn  in  court. 

*Writ,  dated  Mar.  17,  1675-6,  signed  by  Robert  Lord,t 
for  the  court,  and  served  by  Ezekiell  Northen,t  deputy  for 
Robert  Lord, J  marshal  of  Ipswich,  who  committed  John 
Woolcot  to  Thomas  Thurla  to  be  carried  to  prison. 

Mr.  Nellson's  bill  of  cost,  Hi.  5s.  4d. 

Lease,  dated  June  3,  1667,  whereas  John  Burbankt,  jr.,  of 
Rowley  had  taken  half  of  the  farm  of  Philip  Nellson  of  Row- 
ley, lying  near  Merrimacke  river  next  to  Newbury  line,  which 
was  let  to  said  Burbanke  by  assignment  of  John  Willcot  of 
Newbury,  Burbanke  having  suffered  great  damage  for  not 
finishing  the  house  and  barn  as  it  should  be  finished  and  like- 
wise in  falling  short  both  of  land  and  meadow  of  what  was 
expected,  Philip  Nelsonf  was  to  let  said  Burbanke  live  the 
present  year  upon  the  farm,  rent  free,  and  to  have  the  im- 
provement of  the  farm,  and  Burbanke  was  to  acquit  said  Nell- 
son of  all  debts,  paying  for  future  time  a  yearly  rental.  Wit: 
Sammuell  (his  mark)  Sticknee  and  Julian  (her  mark)  Sticknee. 

John  Woollcot  and  Thomas  Thorla  testified  concerning  Mr. 
Nelson's  buildings  that  the  barn  was  well  clapboarded  on  the 
two  sides  and  two  ends  and  the  roof  was  single  boarded  and 
battened,  well  nailed  with  a  good  floor,  with  a  pair  of  great 
doors  well  hung  for  a  loaded  cart  to  go  in  and  a  pair  of  little 
doors  for  an  unloaded  cart  to  go  out.  "when  we  came  to  the 
hous  we  did  make  the  stairs  and  dores  and  we  wrought  upon 
itt  till  we  could  find  nothing  more  to  doe  that  we  were  to  doe 
when  we  had  soe  don  we  asked  Roberd  Sauery  who  was  then 
the  tenant  if  he  knew  any  thing  more  to  be  done  and  he  could 
tell  us  of  nothing  more  to  be  done  nor  found  fault  with  any 
thing  that  was  done  onely  a  quarell  or  two  of  glas  which  was 
broaken  which  he  would  haue  had  us  to  mend." 

fWrit:  Philip  Nellson  of  Rowley  v.  John  Woolcot  and 
Thomas  Thurlej^;  for  not  finishing  a  house  and  barn  according 
to  covenants  dated   Oct.    16  and  23,    1667;    dated   Mar.    18, 

JAutograph. 


130  IPSWICH    QUARTERLY    COURT  [Mar. 

1675-6;  signed  by  Thomas  Leaver,*  for  the  court;  and  served 
by  Ezekiel  Northend,*  deputy  for  Robert  Lord,*  marshal  of 
Ipswich,  by  attachment  of  the  house  and  orchard  of  Thomas 
Thurrell,  also  upon  a  gray  horse,  four  or  five  swine,  wheat, 
barley  and  a  black  cow  and  calf. 

William  Bolton  and  Robert  Savory  deposed  that  of  the 
four  lower  windows  in  the  house,  two  were  to  have  three  lights 
each  and  the  other  two,  to  have  two  lights  each,  and  the  other 
two  windows  at  the  ends  of  the  house  to  have  three  lights  each; 
also  to  find  glass  for  all  the  windows  and  to  nail  up  the  glass; 
he  was  to  make  three  doors  to  the  house,  one  out  door  and 
two  inward  doors;  also  the  roof  of  the  barn  was  to  be  covered 
with  pine  boards  well  and  close  laid  and  well  nailed,  then  to 
be  covered  with  either  slabs  or  battens  on  the  joints  and  sides, 
and  the  ends  to  be  covered  with  good  sound  clapboards  well 
nailed;  there  were  to  be  four  doors  to  the  barn,  etc.,  and  he 
was  to  find  hooks  and  hinges  for  said  doors  and  to  hang  the 
same  to  lay  a  floor  the  whole  breadth  of  the  barn  and  all  to  be 
finished  before  July  16,  1663.  Sworn,  Mar.  26,  1667,  in 
Ipswich  court.     Copy  made  by  Robert  Lord,*  cleric. f 

Copy  of  lease,  dated  June  18,  1662,  by  which  Phillip  Nellson 
of  Rowly  let  to  Robert  Savery  and  William  Bolton  of  Newbury 
a  farm  in  Rowley  of  300  acres,  bounded  on  the  east  by  New- 
bury line,  on  the  west  by  land  of  Nicolas  Walington,  north 
on  Merrimack  river  and  south  by  Crane  meadow;  also  27 
acres  of  meadow,  part  on  the  north  side  of  Crane  meadow  river 
and  part  on  the  south  side  of  Crane  brook,  also  half  of  the 
meadow  between  Newbury  line  and  the  land  now  in  possession 
of  Mr.  Richard  Dumer,  which  land  belongs  at  present  to  the 
brother  and  sister  of  Phillip  Nelson;  all  of  which  they  were 
to  have  for  twenty  years,  from  Sept.  29,  1662,  and  said  Nell- 
son  was  to  build  a  house  thirty-four  feet  long,  nine  feet  in  stud 
and  sixteen  feet  wide  to  be  finished  the  last  of  May,  1663,  and 
a  barn  fifty  feet  long  and  twenty  feet  wide  to  be  finished  before 
July  16,  1663;  they  were  to  pay  no  rent  for  the  first  three 
years,  but  for  the  three  years  after,  they  were  to  pay  151i.  per 
year,  and  the  last  six  years,  20li.  per  year;  in  case  they  think 
that  201i.  per  year  too  much,  they  had  liberty  to  leave  the 
farm  at  the  expiration  of  fourteen  years;  the  rents  were  to 
be  paid  yearly,  71i.  in  wheat  and  Indian  corn  not  to  exceed 
above  fifty  shillings  a  year  in  Indian  corn,  the  other  71i.  in 
barley,  wheat  or  pork,  if  in  pork,  it  was  to  be  barrelled  up  and 
repacked  or  else  brought  to  the  now  dwelling  house  of  Phillip 
Nellson  in  Rowley,  all  of  which  payments  were  to  be  delivered 

*Autograph. 

fSee  ante,  vol.  Ill,  p.  392.     The  original  contract  was  torn,  and  this  copy- 
supplies  a  few  missing  details. 


1676]  RECORDS    AND    FILES  131 

Ens.  Thomas  Chandler  v.  Anthony  Ashbie  and  Abigail 
his  wife,  administratrix  of  the  estate  of  her  late  husband,  Jo. 
Lambart.  Debt.  Forfeiture  of  a  bond.  Verdict  for  plain- 
tiff. 

Peeter  Emmans  acknowledged  judgment  to  Mr.  Francis 
Wainwright,  in  wheat,  malt  or  pork. 

John  Graves  acknowledged  judgment  to  Mr.  Francis  Wain- 
wright in  wheat,  malt  or  pork. 

Hugh  Marsh  had  his  license  renewed  for  a  year,  also  his 
license  for  liquors. 

John  Stone  of  Beverly  had  his  license  renewed  for  a  year. 

Mr.  Peeter  Duncan's  license  was  renewed  for  a  year,  also 
his  license  for  liquors. 

James  Sanders  was  allowed  costs  in  an  action  brought  by 
Henry  Bennet  and  not  prosecuted. 

Capt.  Gerish  was  allowed  costs  in  an  action  of  slander 
brought  by  Mr.  Thomas  Woodbridge  and  not  prosecuted. 

Thomas  Ossgood  and  George  Abbot  of  Andover,  Symon 
Chapman  of  Rowly  and  Samuel  Warner  took  the  freeman's 
oath. 

Thomas  Smith  of  Newbury,  who  was  slain  in  the  war,  dying 
intestate,  administration  upon  his  estate  was  granted  to  James 

on  board  a  boat  against  the  said  farm  or  within  one  mile  above 
the  said  farm;  if  no  boat  canie  up  the  river  when  payments 
were  due,  they  were  to  keep  them  a  month  and  if  no  boat 
came  within  that  time,  the  grain  was  to  be  sent  to  Nelson 
at  Rowley;  said  Robert  and  William  were  not  to  be  held 
responsible  for  damage  to  the  buildings  by  fire  and  wind; 
signed  by  William  Bolton  and  Robert  Savery.  Wit:  John 
Woolcot  and  Gershom  Lambert.  John  Woolcot  signed  a 
bond  as  surety  for  the  payment  of  the  rent,  which  was  wit- 
nessed by  Samuell  Platts  and  John  Pickard.  Copy  made  by 
Robert  Lord,*  cleric. 

Mr.  Nelson's  bill  of  cost,  21i.  Is.  6d. 

George  March  and  Isarell  Webster  deposed  that  they  had 
been  at  Bradford  at  Saveri's  on  Mr.  Nellson's  farm  several 
times  and  the  house  and  barn  were  sufficiently  finished  accord- 
ing to  their  best  judgment.  Since  then  they  had  seen  the 
barn  down,  and  the  sills,  studs  and  posts  so  rotten  that  one 
might  kick  them  to  pieces  with  his  foot.     Sworn  in  court. 

*Autograph. 


132  IPSWICH    QUARTERLY    COURT  [Mar. 

and  John  Smith,  his  brothers,  and  court  ordered  that  it  be 
equally  divided  between  them. 

John  Dane,  sr.,  was  released  from  trainings  free. 

Administration  having  been  formerly  granted  to  Daniell 
and  Thomas  Dow  of  the  estate  of  Margret  Kimball,  their 
mother,  and  an  inventory  being  brought  into  court  amount- 
ing to  about  lOOli.,  and  there  being  four  children  left,  court 
ordered  to  Daniel  Dow  of  Hampton,  201i.  The  remainder  of 
the  estate  was  to  be  equally  divided  among  the  other  three, 
Thomas,  Jeremiah  and  Mary  Dow. 

Samuell  Simons  dying  intestate,  administration  upon  his 
estate  was  granted  to  Clement  Coldom,  who  brought  in  an 
inventory  amounting  to  about  161i. 

Samuell  Leach,  complained  of  for  abusive  speeches,  affront- 
ing and  not  obeying  authority,  when  impressed  for  the  coun- 
try's service,  was  convicted  and  ordered  to  be  whipped  unless 
he  pay  a  51i.  fine.     Costs  were  allowed  to  John  Elithrop.* 

*"To  the  Constabell  of  manchester  y«  ar  required  in  his 
maiestes  name  to  impres  one  abell  man  for  the  Contry  seurvis  & 
to  be  compleatly  fixed  in  armes  with  pouder  &  buletts:  &  he 
is  to  apeere  the  next  secend  day  by  sone  ris:  it  being  the  3 
day  11  mo:  75  faill  not  upon  y«  perill  by  order  the  melette  of 
beveley  :  30  :  10  :  75." 

''To  the  constabell  of  manchister  you  ar  Requiered  in  his 
magesteys  name  to  bring  up  your  impresd  man  by:  to  morow 
ten  of  the  clock  to  beueley:  to  attend  furder  order  all  com- 
plet  according  to  law  with  eight  days  prouision  by  order  of 
the  millisha  Left  WiUiam  Dickse  Januarey  the  IV^." 

Complaint  of  John  Elithorp,t  constable  of  Manchester 
against  Samuell  Leech  of  Manchester,  dated  Jan.  21,  1675: 
that  he  had  warned  him  to  appear  and  he  answered  that  he 
thought  he  should  not  go,  saying  "You  may  goe  your  selfe  if 
you  will  and  presently  Rose  up  and  bending  his  fist  threatned 
to  strike  me  and  struck  my  pipe  out  of  my  mouth."  He  lifted 
up  his  foot  and  threatened  to  kick  him,  called  him  rogue  and 
said  he  would  turn  him  out  of  his  house,  etc. 

John  Ellithorpt  complained  further  that  he  received  a 
warrant  from  the  selectmen  of  Manchester  to  impress  Samuell 
Lech  by  virtue  of  an  order  from  the  worshipful  major  General 
Denison  to  take  care  of  and  provide  for  Goodwife  Knit's  of 
Manchester  in   her  husband's  absence   who  was  pressed   for 

fAutograph. 


1676]  RECORDS    AND    FILES  133 

the  country  service  by  virtue  of  an  order  from  the  militia  of 
Beverly  in  the  place  of  said  Leech,  In  a  scoffing  manner 
Leech  had  said  that  he  would  take  no  notice  of  the  warrant 
for  it  was  more  than  the  Selectmen  or  the  Major  General  or 
the  Governor  himself  or  the  King  could  do  and  said  he  would 
get  some  copies  of  their  warrant  to  set  up  in  other  towns  to 
publish  what  fools  they  were.  Also  that  Leech  did  nothing 
for  Goodwife  Knits  though  she  was  in  a  suffering  condition 
for  want  of  wood  and  other  necessaries,  etc. 

Samuell  (his  mark)  Allen  testified  that  Leech  called  the 
constable  wopper-jawed  rogue,  etc. 

Petition  of  Thomas  Bishop,*  John  West*  and  Samuell  Frend,* 
selectmen  of  Manchester,  to  the  court,  "Respecting  a  woman 
and  her  Child  that  is  left  in  a  uery  poore  Condition  her  husband 
being  prest  for  the  seruice  of  the  cuntry  whereas  another  was 
prest  that  was  in  euery  Respect  more  fitt  as  we  conceiue  namely 
Samuell  Leech  who  was  sett  fre  by  the  malitia  of  beuarlay 
which  was  contrary  to  order  as  we  conceiue  we  do  intreat 
your  worship  that  you  would  be  pleased  to  direct  us  what  to 
doe  in  such  a  case  the  inhabitants  of  our  uillage  doe  manifest  as 
there  inabillitty  so  there  unwillingnes  to  contribute  to  her 
present  nessessitty  and  the  Reason  they  aledg  is  that  Samuell 
leech  was  prest  before  and  did  not  goe  and  therfore  was  a  de- 
linquent and  by  order  from  your  worship  was  to  attend  the 
seruice  or  to  apear  before  your  worship  to  Answer  for  this 
delinquency  therfore  we  conceiue  that  the  malitia  of  beuerlay 
had  no  power  to  giue  any  warant  to  pres  another  man  therfore 
we  hope  that  your  worship  will  Judge  that  either  the  malitia 
of  beuerlay  or  Samuell  leech  should  maintain  this  woman  in 
her  husbands  absence,"  etc. 

Daniel  Denison's*  answer:  "if  there  were  any  irregularitie 
in  sending  away  that  souldier  &  releasing  Leech,  yet  being 
sent  &  now  in  y^  countryes  seruice,  the  selectmen  must  take 
care  that  his  family  doe  not  suffer  in  his  absence  &  they  haue 
power  to  press  Leech  or  any  other  to  carry  on  his  occasions,  & 
if  any  refuse  upon  notise  given  order  shall  be  taken  with 
them." 

Thomas  Bishop  and  John  EUithorp  deposed.  Sworn  in 
court. 

"To  the  constabel  of  Manchester  yo"  ar  required  in  his 
maiestys  name  to  impres  one  able  man  of  yo''  towne  for  the 
servis  of  the  Contry  complet  in  armes  &  to  be  at  an  owers 
warning  by  order  of  y^  Comander  Leftennent  Dixsy  18  :  9  : 
75  &  John  Knite  I  will  not  exsept  of." 

Warrant,  dated  Jan.  12,  1675,  to  the  constable  of  Man- 
chester for  the  impressment   of  John   Knight,   who   was  or- 

*Autograph. 


134  IPSWICH    QUARTERLY    COURT  [Mar. 

John  Cogswell  attaching  Mr.  William  Cogswell  and  not 
prosecuting,  said  William  was  allowed  costs. 

Mrs.  Margret  Rogers  dying  intestate,  administration  upon 
her  estate  was  granted  Mr.  John  Rogers,  her  eldest  son,  who 
was  ordered  to  bring  in  an  inventory  to  the  next  Ipswich  court. 

John  Ayres  of  Qaboag  dying  intestate,  administration  upon 
his  estate  was  granted  to  Susana  Ayres,  the  widow.  There 
being  an  inventory  brought  in  amounting  to  19511.,  and  there 
being  seven  sons  and  a  daughter,  court  ordered  951i.  to  be 
divided  among  the  children,  the  eldest  son  John,  with  what  he 
already  had  to  be  made  up  a  double  portion,  and  the  remainder 
to  be  equally  divided,  the  widow  to  have  the  rest  of  the  estate. 

Wm.  Titcomb  having  formerly  been  appointed  adminis- 
trator of  the  estate  of  Samuell  Stevens  and  an  inventory  now 
being  brought  in  amounting  to  381i.  6s.  4d.  clear  estate,  said 
Titcomb  was  allowed  lOli.  and  court  ordered  the  rest  of  the 
estate  to  John  Steevens,  his  brother. 

Abraham  Jewett,  presented  for  being  drunk,  was  fined  for 
the  first  time  10s.,  and  for  the  second  time,  20s.* 

Martha  Gilbard,  presented  for  wearing  a  silk  hood  and 
scarf,  was  fined, f 

dered  to  appear  armed  and  equipped  at  Beverlee  at  John  Stone's 
on  Jan.  14  by  eight  of  the  clock  in  the  morning,  signed  by 
William  DixeJ  and  Samuell  Corning,  J  of  the  militia  of  Bever- 
lee. 

John  Siblee  and  Joseph  Pickworth  deposed.  Sworn  in 
court. 

Warrant,  dated  Mar.  27,  1676,  for  the  appearance  of  Samuell 
Leech,  and  to  Thomas  Bishop,  John  Sibly,  Joseph  Pickard  and 
Samuel  Allen,  as  witnesses,  signed  by  Daniel  Denison.J 

*Rowley  presentment.  He  was  seen  Jan.  15,  1675,  "To  goe 
Reeling  with  his  horse  in  his  hand  out  of  Ipswitch  homwards 
and  fell  downe  once  &  againe  &  After  ward  some  of  his  Neigh- 
bours over  Takeing,  helping  him  vpp  on  a  horse  &  held  him 
thereon,  and  soe  went  away."  Wit:  Aaron  Pengry,  jr.  and 
John  Osburne.  Nathaniell  Warner  passing  by  at  the  same 
time  said  the  man  was  much  out  of  the  way.  Also  at  another 
time  between  Rowly  and  Nubery.  Wit:  John  Webster  and 
Abiall  Long. 

fHannah  Roberts  and  Martha  Gillburt,  of  IpsAvich,  now  or 

t  Autograph. 


1676]  RECORDS    AND    FILES  135 

Wm.  Wattson,  for  his  great  misdemeanor  in  breaking  up  a 
stable  door  and  taking  away  his  horse,  when  he  had  been 
impressed  for  the  country's  service,  was  fined.* 

Henry  Gould,  presented  for  fornication  before  marriage, 
was  sentenced  to  be  whipped  or  pay  a  fine.f 

Hanah  Poland,  daughter  of  John  Poland,  presented  for 
excess  in  apparel,  was  fined  for  wearing  a  silk  hood  and  scarf 
and  "for  her  strong  fashon  admonished. "| 

John  Teny  and  Rich.  Bartlet  were  fined  for  absence  from 
the  grand  jurj-. 

Edward  Stone,  complained  of  for  stealing  31i.  8s.  from  his 
master  Mr.  Thomas  Newman,  deceased,  part  of  which  had 
been  returned,  was  ordered  to  pay  81i.  12s.  to  Benjamin  New- 
man, the  executor. 

Richard  Dole's  negro  Grace,  presented  for  fornication,  was 
ordered  to  be  whipped  or  pay  a  fine. 

John  Andrews  was  admonished  upon  his  presentment. § 

lately   resident  at   Obediah   Bridges,   presented  for  excessive 
apparel  and  strange  habit. 

*Rowley  presentment. 

flpswich  presentment.  His  wife  was  presented  for  wear- 
ing a  scarf. 

Jlpswich  presentment.     Wit:    Richard  Walker. 

§"Wee  whose  names  are  underwritten,  doe  humbly  cer- 
tifie  to  all  whom  it  may  Conserne,  that,  haueinge  had  seu^all 
Occacons,  to  Travell  uppon  the  Road  from  the  Bay,  East- 
wards, and  from  the  Eastwards  to  the  Bay,  as  opptunity 
hath  offred,  hath  seu^all  tymes  stopt,  to  Accomodate  our 
selues,  at  the  whyte  horse  at  Ipswich,  Corporall  Jn"  Andrews 
beinge  m'  of  the  said  house,  where  wee  haue  had  good  & 
couteous  entertainment,  &  hath  both  for  horse  &  man;  ben 
Civilly  used."  Richard  Waldern,l|  Seaborne  Cotton, ||  Jo. 
Woodmansey,l|  Tho.  Marshall,  ||  Thomas  Farnoum,||  Joseph 
Huchinson,||  Roger  Hascoll,|l  Edward  Flintt,|l  John  Raimentt,!! 
Samuell  Eburne,||  John  Fuller,  1|  Edward  Colcord,||  John  Red- 
man, ||  Rich.  Hawks,  11  Giles  Fifield,l|  Richard  Haven, H  John 
Lowlle,ll  John  Hathorne,|l  Tho.  Hawkingsjl,  Robt.  Oateshall,ll 
Tho.  Thornhill,ll  Tho.  Gray,l|  Walter  Barefoote,||  Rog^  Aysh- 
ford,||  Robert  Nash,l|  WilHam  Cotton,  1|  Rich.  More,|l  Phillip 
Cromwell,  11  George  Emery, ||  Willi.  Holingworth,|l  John  Put- 
nam, 1|  Josep.  Huchingson,!!  Wm.  Perkins H  and  Tho.  Macy.|l 

II  Autograph. 


136  IPSWICH    QUARTERLY    COURT  [Mar. 

Upon  complaint  of  Samuell  Hunt  against  Henry  Bennett 
and  John  Sparke  for  not  performing  the  court  order  of  the 
moderation  of  a  bond,  not  paying  corn  or  anything  else, 
court  ordered  that  execution  be  issued. 

Upon  request  of  Ruth  Small,  whose  husband  deceased  in- 
testate, court  appointed  her  administratrix  of  his  estate,  and 
ordered  her  to  bring  in  an  inventory  to  the  next  Salem  court.* 

Freegrace  Norton  dying  intestate,  being  slain  in  the  war, 
Mr.  Francis  Wainwright  was  appointed  administrator  of  his 
estate,  and  there  being  not  a  sufficient  amount  to  satisfy  the 
debts,  court  ordered  that  the  debts  be  paid  according  to  pro- 
portion. If  any  were  not  satisfied  with  their  proportion,  they 
were  given  liberty  to  take  their  course,  if  they  could  find  any 
other  estate  not  inventoried. 

Whereas  Mr.  Francis  Wainwright  had  power  granted  to 
him  to  administer  upon  the  estate  of  Jonathan  Gage  at 
Ipswich  court,  in  Mar.  1675,  and  had  paid  part  of  the  debts, 
as  per  account  brought  in,  the  remaining  part  being  mostly 
in  land,  is  willing  the  widow  should  make  the  best  of  the 
estate,  and  resigned  his  administratorship.  Court  granted 
administration  to  Hester  Gage,  the  widow. 

♦Petition,  dated  Salem,  Mar.  25,  1676,  of  Ruth  (her  mark) 
Small,  John  (his  mark)  Small,  Edv/ard  Grove,t  John  Putnamf 
and  John  Buxton, f  that  the  estate  of  Thomas  Small  should 
be  divided  as  follows,  said  Ruth  having  taken  advice  of  her 
father  Small,  her  uncle  Grove,  her  brother  John  Buxton  and 
Mr.  John  Putnam:  that  the  court  make  her  administratrix; 
that  she  have  liberty  to  bring  up  her  four  children  herself,  to 
continue  with  her  until  they  come  of  age  unless  she  see  cause 
to  dispose  of  them  otherwise  for  their  better  education;  that 
her  son  William  as  soon  as  he  comes  of  age  may  have  the  one- 
half  of  the  farm  that  is  undisposed  of,  with  the  meadow  be- 
longing, having  his  part  on  the  east  side  of  the  farm  adjoining 
Nathaniell  Putnam's,  not  meddling  with  the  housing  or  any 
part  of  the  improved  land;  that  as  soon  as  her  daughters 
Lidia,  Hanna  and  Ann  come  of  age,  the}'-  were  to  have  40li. 
each;  that  her  father  John  Small,  her  uncle  Edward  Grove, 
her  brother  John  Buxton  and  Mr.  John  Putnam  be  overseers. 
Allowed  in  Salem  court,  30  :  9  :  1676,  the  401i.  disposed  of 
to  the  child  deceased  to  be  equally  divided  between  the 
mother  and  three  children. 

fAutograph. 


1676]  RECORDS    AND    FILES  137 

Laurance  Clenton,  complained  of  for  not  living  with  his 
wife,  was  ordered  to  live  with  her  as  man  and  wife  ought  to 
do,  and  when  necessarily  absent,  he  should  pay  her  18d.  per 
week  in  corn.  She  was  ordered  to  follow  her  work  as  she 
ought  upon  penalty  of  being  sent  to  the  house  of  correction. 

Mingo,  Rich.  Dole's  negro,  being  charged  by  Grace,  the 
negro,  with  being  the  father  of  her  child,  court  ordered  that 
he  keep  the  child  and  pay  costs  to  Joseph  Pike  for  a  hue  and 
cry. 

John  Lee  appeared  as  attorney  to  Joseph  Averall  to  answer 
an  action  commenced  by  Bartholmew  Straton  and  no  action 
entered. 

John  Lee  appeared  as  attorney  to  Georg  Hisket  and  John 
Tucker  to  answer  an  action  commenced  by  Bartholmew  Straton 
and  no  action  entered. 

The  treasurer  brought  in  his  accounts  and  the  county  is 
debtor  571i.  15s.  5d. 

Ezekiell  Woodward  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. 

Ens.  Jo.  Gould  had  his  license  renewed  for  a  year. 

Given  to  the  house,  6s.  8d. 

Daniell  Roff  dying  intestate,  court  granted  administration 
of  his  estate  to  his  brother  Ezra  Roff,  and  an  inventory  of  381i. 
being  brought  in,  the  estate  was  ordered  left  in  his  hands. 

Laurence  Clenton  acknowledged  judgment,  Apr.  17,  1676, 
to  Mr.  Francis  Wainwright  in  wheat,  pork  or  barley. 

Will  of  Allen  Perly,  of  Ipswich,*  dated  June  23,  1670,  and 
proved  Feb.  3,  1675,  before  Mr.  Samuell  Symonds,  Dep. 
Gov.,  and  Maj.  Gen.  Daniel  Denison,  by  Robert  Lord  and 
Mary  Lord:  "my  three  elder  sonns,  viz.  John  Perlye,  Thomas 
Perley  and  Samuell  Perlye  Taking  there  liberty  at  the  age  of 
one  &  twenty  to  leave  me  &c.  yet  I  have  given  vnto  them, 
three  parts  of  the  Land  beyond  Bachelours  brooke  (each  of 
them  a  part  w'^h  they  are  possest  of  and  doe  enioy)  exsepting 
the  great  meddow  which  I  doe  reserue,  And  all  that  part  of 
Land  which  was  Nathaniells  my  sonn  who  is  departed  this 
life  I  doe  give  &  bequeath  vnto  my  tow  daughters  Sarah  and 

*Autograph  and  seal. 


138  IPSWICH    QUARTERLY    COURT  [Mar. 

martha  Perley  And  my  house  and  the  rest  of  my  land  &  the 
great  meddow  I  giue  &  bequeath  vnto  my  sonn  Timothy  when 
he  shall  attaine  to  the  age  of  twenty  three  years,  provyded  still 
my  beloved  wife  Susanna  shall  haue  one  roome  to  her  owne 
use  dureing  her  naturall  life,  Item  I  give  vnto  my  beloved 
wife  all  my  cattle  &  moveable  goods  and  one  third  part  of  the 
land  bequeathed  to  my  sonn  Timothy  dureing  her  naturall 
life,  for  her  comfortable  maintenance  and  after  her  decease 
my  will  is  the  house  &  land  be  vnto  my  sonn  Timothy  and 
the  cattle  &  moveable  goods  be  equally  devided  among  all 
my  children  then  liveing  and  my  will  and  mynd  is  that  if  my 
sayd  wife  shall  marrye  that  then  the  Land  and  roome  in  the 
house  be  vnto  my  sonn  Timothy  &  he  to  paye  vnto  his  mother 
seaven  pounds  a  yeare  dureing  her  life  And  I  doe  make  my 
beloved  wife  sole  executrix  of  this  my  last  will  my  will  further 
is  that  my  sonn  Timothy  at  the  age  of  23  yeares  shall  haue 
the  use  of  pt.  of  the  stock  to  the  value  of  thirty  pounds  dureing 
the  life  of  my  wife  &  then  to  be  returned  to  be  devided  as  is 
above  expressed."     Wit:    Robert  Lord*,  and  Mary  Lord.* 

On  Nov.  16,  1671,  Allen  Perley*  explained  the  clause  "con- 
cerneing  my  wife  haveing  given  unto  her  my  cattle  &  move- 
ables dureing  her  naturall  life  besyds  the  thirds  of  land  &  a 
roome  in  the  house  and  in  case  of  her  mariage  to  leave  the 
roome  in  the  house  and  Land  &  to  haue  seaven  pounds  a 
yeare  payd  her  by  my  sonn  Timothy  but  nothing  spoken  about 
the  cattell  &  moveable  goods  my  will  is  that  shee  returne  also 
the  cattell  &  moveables  to  be  divyded  among  my  children 
as  it  is  expressed  in  the  sayd  will.  Wit:  Robert  Lord*  and 
Mary  Lord.* 

List  of  presentments,  dated  Mar.  28,  1676,  signed  by  Wil- 
liam Goodhue,*  in  the  name  of  the  rest: 

Goodman  Pinder  of  Ipswich,  for  marking  sheep  not  his 
own.     Wit:    Goodman  Graves  and  his  son. 

Robert  Collins  of  Ipswich,  for  stealing  an  ax.  Wit:  Mark 
Quilter. 

Benjamin  Roff's  negro-woman,  of  Newbury,  for  having  a 
child  out  of  wedlock. 

Hugh  March's  maid,  Elizabeth  lago,  of  Newbury,  for 
wishing  that  the  devil  had  Mary  Lad  and  all  the  company, 
in  which  company  was  her  master,  John  Attcason  and  Daniell 

Ely- 
John  Jackson  of  Rowley,  for  mowing  grass  in  his  neigh- 
bor's meadow  and  raking  it  into  his  own,  and  when  the  owner 
of  the  grass  came  to  take  the  grass  or  hay,  he  struck  him  with 
a  haypole.     Wit:    Caleb  Burbank  and  Jonathan  Hopkiscn. 

*  Autograph. 


1676]  records  and  files  139 

Court  held  at  Hampton,  May  30,  1676. 

Symond  Bradstreet,  Esq.,  president;  Major  Robert  Pike, 
Capt.  Nathll.  Saltonstall,  Capt.  Tho.  Bradbury  and  Mr.  Samll. 
Dalton,  associates. 

Grand  jury:  Henry  Brown,  foreman,  John  Eaton,  Robert 
Ring,  William  Barnes,  Jno.  Weed,  Thomas  Maston,  William 
Fuller,  Tho.  Philbrick,  Tho.  Dearborn,  Michaell  Emerson, 
Daniell  Hendrick  and  John  Foulsham. 

Jury  of  trials:  Anthony  Stanian,  foreman,  Henry  Moulton, 
Abraham  Cole,  Thomas  Sargent,  Tho.  Rowell,  John  Sam- 
born,  Ephraim  Winsly,  Robert  Downer,  Andrew  Grele,  Wil- 
liam More  and  Samll.  Levitt. 

Jno.  Easman  v.  William  Allin,  jr.  Appeal  from  a  judg- 
ment tried  before  Major  Pike,  May  24,  1675.  Verdict  for 
plaintiff.     Former  judgment  reversed. 

Moses  Gillman  v.  John  Foulsham,  sr.  For  fencing  in  and 
claiming  a  parcel  of  land  adjoining  a  lot  formerly  Richard 
Clevers  on  both  sides  of  the  highway  that  goes  to  Mr.  Hilton's, 
between  Mr.  Dudley's  house  and  Moses  Gillman's,  which 
land  said  Moses  claims  by  sale  from  Mr.  Dudley  and  Jno. 
Gillman.  Verdict  for  defendant.  Appealed  to  the  next 
Court  of  Assistants.  Mr.  Samll.  Dudley  bound  with  said 
Gillman. 

Mr.  Thomas  Saxton  v.  Nathll.  Winsley.  Appeal  from  a 
judgment  of  Mr.  Samll.  Dalton  the  past  April.  Ephraim 
Winsley  being  taken  from  the  jury,  the  parties  consented  to 
be  tried  by  the  other  eleven.  Verdict  for  defendant,  the 
confirmation  of  the  former  judgment.  Appealed  to  the  next 
Court  of  Assistants.  Said  Saxton  bound,  with  Mr.  Tho. 
Woodbridg  and  Mr.  Dudley,  as  sureties. 

From  Samuel  Dalton's  Commissioner  Records.     See  ante  vol.  V,  p.  235. 

John  Foulsham,  jr.,  and  Abigail  Perkins  were  married  10  :  9  :  1675. 

Charles  Runlett  and  Mary  Smith,  widow,  both  of  Exeter,  were  married 
10  :  11  :  1675. 

On  8  : 4  :  1675,  Isabel  Towle,  wife  of  PhiUip  Towle  of  Hampton,  and  her 
son  Caleb,  for  receiving  a  mare  from  Godfrey  Dearborn  when  he  was  going 
to  the  pound  with  her  on  the  first  day  of  this  month,  were  fined.  Appealed 
to  the  next  Hampton  court.  Phihp  Toule,  sr.  bound  for  his  wife's  and  son's 
appearance. 

On  Sept.  30,  1675,  Mr.  Henery  Dereing  v.  Mr.  Richard  Scammon.  Debt. 
Defaulted. 


140  HAMPTON    QUARTERLY    COURT  [May 

Danll.  Ela  v.  Samll.  Watts.  Debt.  To  be  paid  in  boards 
or  slit  work.  Neither  defendant  nor  his  suretj^  Josiah  Heath 
appearing,  default  was  made,  and  the  bond  was  declared  for- 
feited.    Verdict  for  plaintiff. 

Jno.  Severans  v.  John  Young.  Debt.  In  money  by  John 
Barbar  and  2,000  feet  of  boards.     Verdict  for  plaintiff. 

Capt.  Thomas  Bradbury  v.  Mr.  Edward  Colcord.  Debt. 
For  deal  board  to  be  delivered  at  Henry  Green's  mill  at  Hamp- 
ton.    Verdict  for  plaintiff. 

William  Holdred  v.  Richard  Seaman.  For  not  giving  him 
a  firm  deed  of  30  acres  near  mr.  Wheeler's  creek  where  said 
Holdred  had  built  a  house.     Verdict  for  plaintiff. 

James  Kid  v.  Jno.  Clark.  Debt.  For  two  years'  rent  due 
for  house  and  land,  in  corn.     Verdict  for  defendant. 

Jno.  Brown  v.  Nicolas  Lissen.  Debt.  For  1,600  feet  of 
pine  boards.     Verdict  for  plaintiff. 

Mr.  Henery  Dereing  v.  Henery  Magoon.  Debt.  Withdrawn.  On 
26  : 8  :  1675,  defendant  acknowledged  judgment  to  plaintiff. 

Hen.  Magoon  charged  a  bill  to  Mr.  Coffin. 

Mr.  Henry  Deareing  v.  Crobar  Dannavan.  Debt.  Referred  to  the  last 
Tuesday  in  October  next.  On  26  : 8  :  1675,  defendant  and  his  surety  Nich- 
olas Lesson  did  not  appear,  and  the  action  proceeded.     Judgment  for  plaintiff. 

Mr.  Henery  Dereing  v.  Edward  Colcord,  sr.  Debt.  Referred  to  the  last 
Tuesday  in  October. 

Mr.  Henry  Dereing  v.  Moris  Hobes.  Debt.  Withdrawn.  On  26  : 
8  :  1675,  Moris  Hobes,  sr.,  promised  to  settle  for  his  and  his  son  James'  ac- 
count. 

On  30  : 7  :  1675,  Mr.  Hen.  Dereing  v.  James  Hobes.     Withdrawn. 

On  30  :  7  :  1675,  Mr.  Henry  Dereing  v.  Phillip  Towl.  Debt.  Referred 
to  the  last  Tuesday  in  October.     Withdrawn. 

On  26  : 8  :  1675,  Return  Johnson  acknowledged  judgment  to  Mr.  Henry 
Dereing,  in  wheat  at  5s.  per  bushel. 

Edward  Colcord,  sr.,  acknowledged  judgment  to  Mr.  Henry  Dereing  on 
26  :  8  :  1675,  in  white  oak  pipestaves  to  be  deUvered  at  Mr.  Dereing's  wharf 
upon  Great  Island  in  Pascataqua  at  3h.  per  M. 

On  26  :  8  :  1675,  Mr.  Henry  Dereing  v.  Mr.  Richard  Scammon.  Debt. 
Defaulted.     Judgment  for  plaintiff. 

On  Mar.  30,  1676,  Moses  Gillman  v.  Richard  Scammon,  sr.  For  refusing 
to  deliver  his  gun  which  he  brought  to  said  Scammon  to  mend,  which  gun 
once  belonged  to  Ben  Huntaway,  the  Indian.  Judgment  for  plaintiff,  the 
gun  to  be  dehvered. 

On  Apr.  1,  1676,  Mr.  Thomas  Sexton  appeared  in  the  complaint  of  Natt 
Winsley.  It  appeared  by  evidence  that  the  oars  were  taken  without  the 
order  left  with  Caleb  Moody  whence  the  oars  were  carried,  and  were  found 
in  the  custody  of  said  Sexton  at  Mr.  Carr's  Island  in  Salisburie.  Judgment 
that  Sexton  should  bear  the  costs  and  Winsley  should  recover  his  damage 
for  the  value  of  his  oars  in  a  course  of  law. 


1676]  RECORDS   AND    FILES  141 

Mr.  Jno.  Groth  acknowledged  judgment  to  Jno.  Allin. 

Phillip  Towle  v.  Godfrey  Dearborn.  Appeal  from  a  judg- 
ment of  Mr.  Samll.  Dalton,  8:4:  1675.  Verdict  for  de- 
fendant, confirmation  of  the  former  judgment. 

John  Bradbury  v.  Jno.  Shore.  Debt.  For  1,0001*  white 
oak  pipestaves.  Said  Shore  and  his  surety  Robert  Smart 
not  appearing  made  default,  and  the  action  went  to  trial. 
Verdict  for  plaintiff. 

Phillip  Grele  v.  Charles  Gleeden.  For  withholding  1,500 
feet  of  pine  boards.     Verdict  for  plaintiff. 

Mr.  Jno.  Stockman  v.  Georg  Martyn,  Richard  Martyn,  Jno. 
Martyn  and  Jno.  Jimson.  For  not  making  14,000  white  and 
black  oak  pipestaves  according  to  agreement  at  30s.  per 
thousand,  the  bargain  having  been  made  by  said  Stockman's 
wife  in  the  presence  of  Major  Robert  Pike.  Verdict  for 
plaintiff. 

Tho.  Philbrick  and  Martha  Cass,  executors  of  the  estate 
of  John  Cass,  acknowledged  judgment  to  Jno.  Redman,  jr., 
of  Hampton. 

Capt.  Tho.  Bradbury,  Henry  Brown  and  William  Buswell 
were  appointed  commissioners  for  ending  small  causes  in 
Salisbury  for  the  ensuing  year,  the  first  two  taking  the  oath 
in  court  and  the  latter  on  June  1,  1676,  before  Capt.  Salton- 
stall. 

Daniell  Ela's  license  to  keep  the  ordinary  for  Haverhill  for 
the  ensuing  year  was  renewed. 

Upon  complaint  against  James  Sanders  for  suspicion  of 
taking  away  other  men's  hogs,  he  was  ordered  to  appear  when 
called. 

Michaell  Emerson,  for  cruel  and  excessive  beating  of  his 
daughter  with  a  flail  swingle  and  for  kicking  her,  was  fined 
and  bound  to  good  behavior. 

Upon  complaint  of  Henry  Dow  and  Jno.  Smith  against 
Henry  Green  for  opposing  them  as  press  masters,  court  ordered 
that  said  Green  give  bond  for  appearance  at  the  next  Norfolk 
court,  which  he  did. 

Jno.  Smith,  tailor,  for  striking  and  abusing  Wm.  Samborn, 
sr.,  in  the  latter's  orchard,  was  fined. 

Richard  Scammon,   Humphrey  Wilson,   Jno.   Redman,  jr.. 


142  HAMPTON    QUARTERLY    COURT  [May 

John  Clarke,  John  Hobbs  and  Philip  Towle,  for  taking  to- 
bacco near  the  meeting  house  in  the  face  of  the  court,  were 
fined. 

Mr.  Richard  Scammon,  for  breach  of  the  law  of  oppression 
in  taking  500  feet  of  boards  for  mending  a  pistol  lock  for 
Nathll.  Griffyn  and  some  other  work,  all  by  his  own  statement 
not  worth  more  than  6s.  6d.,  was  sentenced  to  return  250 
feet  to  said  Griffyn  and  the  remainder  to  the  county  treasurer 
as  a  fine. 

John  Clarke  was  ordered  to  appear  at  the  next  Norfolk 
court  to  answer  a  complaint  for  abusing  the  clerk  of  the  mili- 
tary company  of  Exeter. 

Court  ordered  that  Capt.  Walter  Barefoot  be  apprehended 
and  brought  before  some  Majestrate  and  that  he  be  bound 
over  to  the  next  Norfolk  court  for  contempt  of  authority  in 
departing  from  court  without  license.  He  was  summoned 
by  a  warrant  directed  to  Abraham  Pirkins,  constable  of  Hamp- 
ton, and  made  default. 

Elizabeth  and  David  Robinson  were  appointed  adminis- 
trators of  the  estate  of  Jno.  Robinson  said  David's  father,  and 
were  ordered  to  bring  in  an  inventory  to  the  next  Norfolk 
court. 

Ordered  that  Robert  Smart,  jr.,  and  Hellena  his  wife  appear 
to  answer  for  committing  fornication.     Defaulted, 

Tho.  Chase  was  appointed  administrator  of  the  estate  of 
Abraham  Chase  by  Maj.  Pike  and  Mr.  Samll.  Dalton  on  the 
second  Tuesday  in  April,  1676,  and  brought  in  an  inventory 
to  this  court.  He  was  ordered  to  make  an  accounting  at  the 
next  Norfolk  court. 

Capt.  Nathll.  Saltonstall  and  Mr.  Samll.  Dalton  took  the 
oath  as  magistrates. 

Mr.  Groth  forfeited  his  bond  in  not  prosecuting  his  appeal 
at  the  Court  of  Assistants,  and  the  bond  was  moderated. 

Certificate  being  returned  from  the  Secretary  under  his 
hand,  Henry  True  and  Jno.  Pike  took  the  freeman's  oath. 

Capt.  Jno.  Gillman  was  licensed  to  keep  a  public  house  of 
entertainment  for  strangers  in  Exeter,  for  the  ensuing  year. 

Tho.  Philbrick,  son  of  James,  deceased,  chose  Timothie 
Hilliard,  his  brother-in-law,  to  be  his  guardian. 


1676]  RECORDS    AND    FILES  143 

Whereas  Jno.  Fousham,  sr.,  was  presented  as  a  constable 
chosen  by  the  town  of  Exeter,  and  court  not  approving  of  him 
as  a  meet  person  for  that  office,  it  was  ordered  that  Moses 
Gillman,  the  present  constable,  call  a  meeting  of  the  inhabitants 
and  choose  another  who  should  be  sworn  before  Mr.  Samll. 
Dalton. 

The  town  of  Exeter,  presented  for  letting  their  meeting 
house  lie  open  and  common  for  cattle  to  go  into,  court  ordered 
that  the  selectmen  of  Exeter  take  effectual  care  that  the 
house  be  cleansed  and  made  decent  for  Christians  to  meet 
in,  that  the  doors  be  hung  and  kept  shut.  It  was  to  be  certi- 
fied under  the  hand  of  the  constable  by  the  next  Sabbath  day 
"come  sennet"  or  pay  a  fine,  and  for  time  to  come  the  house 
should  be  tight  and  decent  as  befitted  such  a  place. 

Whereas  the  town  of  Exeter  was  enjoined  under  penalty  of 
lOli.  to  have  their  bridge  sufficiently  made  and  repaired  b}' 
this  court  time,  which  had  not  been  done,  court  ordered  that 
the  fine  is  now  due  to  the  county  and  that  the  bridge  be  re- 
paired before  the  next  Norfolk  court,  the  bridge  to  be  railed 
only  on  one  side. 

Jno.  Severans'  license  to  keep  the  ordinary  for  Salisbury 
was  renewed  for  one  year. 

Upon  the  complaint  of  Ensign  Samborn  against  Henry 
Roby,  court  ordered  that  as  it  appeared  that  said  Roby  did 
abuse  Samborn  by  reviling  him  and  throwing  him  down,  he 
should  pay  a  fine  for  breach  of  the  peace  and  pay  Samborn 
for  the  abuse. 

Timothie  Hilliard,  with  Ann,  widow  of  James  Philbrick, 
were  appointed  administrators  of  the  estate  of  said  James 
Philbrick,  late  of  Hampton,  deceased. 

Henry  Robie's  license  to  keep  ordinary  for  Hampton  was 
renewed  for  the  ensuing  year. 

Tho.  Maston  was  freed  from  all  ordinary  trainings,  he 
discharging  the  companj^  for  whatever  was  due  him  for  dis- 
bursements for  said  company  while  he  was  clerk  of  the  band. 

The  treasurer  presented  his  account. 

Court  allowed  10s.  to  be  disposed  of  by  the  treasurer  to  the 
house  and  places  where  the  court  lodged. 

Concerning    the    articles    presented    against    Major    Robt. 


144  HAMPTON    QUARTERLY    COURT  [May 

Pike  by  several  members  of  the  church  at  Salisbury,  court 
taking  into  consideration  the  difference  and  division  that  is 
and  has  been  long  in  said  church  to  the  great  dishonor  of  God 
and  grief  and  offence  of  the  people  of  God,  "&  y*  y  hearing 
&  determining  of  y®  s*^  complaint  is  not  like  to  heale  y'^  same 
but  rather  to  make  y''  breach  greater  if  y''  grievance  of  one 
p*  should  only  be  heard  The  other  party  p''tending  as  great 
reason  to  p^'ferr  their  complaint,  &  there  being  noe  convenient 
opptunity  att  p'sent  to  heare  either  y*'  one  or  y^  other  This 
Court  doe  therefore  advise  &  as  much  as  in  them  lyes  requier 
y«  s^  church  of  Salisbury  to  attend  their  duty  by  their  dilli- 
gent  &  serious  endeavor  speedily  to  issu  &  compose  y*  un- 
happie  difference  either  by  themselues  if  it  may  bee  attained 
or  by  y^  help:  of  other  churches,  or  advice  of  some  able  godly 
Christian  freinds  chosen  by  y^  mutuall  consent  of  y^  church 
&  parties  cheifly  concerned  w'''^  if  refused  or  neglected  y**  said 
church  may  expect  y*  Cyvill  authority  will  according  to  their 
duty  pvide  some  due  way  &  means  for  y''  putting  an  end  too 
&  issuing  y''  aforesd  differences  as  speedily  as  they  can:  or 
otherwise  if  nothing  bee  done  in  y*  meane  time  this  Court 
will  giue  a  hearing  of  y^  aforesd  Complaint  (pties  concerned 
haueing  due  notis  therof  by  y^  clarke  of  y°  court)  att  y^  next 
Sessions  of  y^  s"^  Court." 

Execution,  dated  May  23,  1674,  against  Edward  Colcord, 
sr.,  to  satisfy  judgment  granted  John  Stanian  and  Henry 
Roby,  his  attorney,  13  :  2  :  1669,  at  Salisbury  court,  signed 
by  Tho.  Bradbury,*  for  the  court,  and  served  by  Henry  Dow,* 
marshal  of  Norfolk.  On  June  28,  1675,  Henry  Roby*  ac- 
knowledged satisfaction. 

Venire,  dated  Aug.  30,  1675,  for  Hampton  trial  jurymen, 
also  summons  to  Hampton  upon  a  presentment  for  not  per- 
fecting the  bounds  between  that  town  and  Exeter,  and  to 
witnesses,  Tho.  Marston  and  Morris  Hobbs,  signed  by  Tho. 
Bradbury,*  for  the  court,  and  served  by  Abraham  Perkins,* 
constable  of  Hampton,  who  returned  the  names  of  Mr.  Stan- 
yan,  Anthony  Taler,  Henry  Moulton  and  Abraham  Cole,  for 
the  jury  of  trials. 

Execution,  dated  Feb.  26,  1675,  against  Edward  Colcord, 
sr.,  to  satisfy  judgment  granted  Jno.  Stanian  and  Henrj^ 
Roby,  13  :  2  :  1669,  at  Sahsbury  court,  signed  by  Tho.  Brad- 

*Autograph. 


1676]  RECORDS    AND    FILES  145 

Court  held  at  Salem,  27  :  4  :  1676. 

Judges:  The  Worshipfull  Samll.  Simonds,  Dep.  Gov., 
Simond  Bradstreet,  Esq.,  Maj.  Genii.  Daniell  Denison  and 
Maj.  Wm.  Hathorne. 

Grand  jury:  Mr.  John  Ruck,  Eleazer  Gedney,  Job  Swiner- 
ton,  jr.,  Christo.  Babadge,  Joseph  Phippen,  sr.,  John  Peach, 
sr.,  William  Dodg,  Henry  Walker,  Will.  Clearke,  John  Bach- 
elor, John  Pease  and  John  West. 

Jury  of  trials:  CorpU.  John  Putnam,  Mr.  Nehemiah  Will- 
oughby,  John  Williams,  Mr.  Phillip  Cromwell,  Andrew  Elliott, 
Chrispus  Brewer,  Samuell  Johnson,  Theophilus  Bayly,  Jacob 
Davis,  Charles  Gott,  Will.  Beale  and  Tho.  Fiske. 

[The  charge  of  the  grand  jury  at  Sergt.  Lake's  is  31i.  14s.  — 
Waste  Book.] 

Eleazer  Gedney  was  fined  for  absence  from  the  grand  jury. 

Mr.  Jon.  Grafton  and  Mr.  Jon.  Turner  were  fined  for  ab- 
sence from  the  jury  of  trials. 

Will.  Crafts,  attorney  of  Moses  Chadwell  v.  Benjamin 
Chadwell.     Verdict  for  plaintiff.* 

bury,t  for  the  court,  and  served  by  Henry  Dow,t  marshal  of 
Norfolk.  On  Apr.  24,  1676,  John  Stanyanf  acknowledged 
satisfaction. 

Bond  for  appearance  in  a  criminal  action  at  Hampton  court 
given  by  James  Sanders,  with  Joseph  Peasly  as  surety,  both 
of  Haverhill,  acknowledged  May  17,  1675,  before  Nath. 
Saltonstall,t  commissioner. 

*Writ,  dated  June  7,  1676,  signed  by  Hilliard  Veren,t  for 
the  court,  and  served  by  Daniell  Gott,t  constable  of  Lynn, 
by  attachment  of  two  acres  of  salt  marsh. 

William  Crofts,  aged  above  sixty  years,  deposed  that  he 
heard  Benjamin  Chadwell  say  that  if  any  man  came  upon 
the  marsh  to  mow  it,  he  would  kill  him  and  burn  the  hay. 

William  Crofts'  bill  of  charges,  "for  tending  my  brother 
when  he  was  atached  by  kemball,"  etc. 

Bond,  dated  July  5,  1675,  given  by  Moses  Chadwellf  and 
Bengeman  (his  mark)  ChadAvell,  both  of  Lin,  ship  carpenters, 
to  Henry  Kemble  of  Boston,  for  51i.,  to  be  paid  at  said  Kem- 
ble's  dwelling  house  in  Boston.  Wit:  John  Arnallf  and  John 
Brigden.f  Henry  Kemble,  at  the  desire  of  Bengeman  Chad- 
well,   refused   to   receive   the   51i.   of   Moses   Chadwell   unless 

tAutogi'aph. 


146  SALEM    QUARTERLY    COURT  [June 

Thomas  Patch  v.  Tho.  Woodbery.  Verdict  for  plaintiff, 
to  be  paid  in  corn,  pork  and  apples.  Appealed  to  the  next 
Court  of  Assistants.  Said  Woodbery  bound,  with  Paule 
Thorndike  and  William  Dodg,  as  sureties.     Appeal  withdrawn.* 

Tho.  Pigden  (also  Pickton)  v.  Ensign  Samll.  Corning. 
Forfeiture  of  a  bond.     Verdict  for  plaintiff.! 

said  Bengeman  forfeited  his  bond  with  Moses  to  the  said 
Henry.  Henry  Kemble's+  receipt,  dated  Nov.  29,  1675, 
for  the  51i.  Tho.  Chadwell,  aged  about  sixtj'-three  years, 
and  Will.  Whikwell,  were  sworn  as  witnesses  before  Tho. 
Clarke,!  assivstant. 

Bill  of  sale,  dated  July  5,  1675,  given  by  Bengeman  (his 
mark)  Chadwell§  to  his  brother  Moses  Chadwell,  two  acres 
of  marsh  lying  between  Ailing  Bred  and  Roberd  Burges,  next 
said  Bred's  pasture,  for  lOli.,  etc.  Wit:  John  ArnallJ  and  John 
Brigden.l  Sworn,  3:4:  1676,  before  Tho.  Clarke, J  assist- 
ant. Moses  Chadwelll  assigned  this  bill  of  sale  to  his  attor- 
ney William  Crafts. | 

*Writ,  dated  28  :  3  :  1676,  signed  by  Thos.  Fiske,i  for  the 
court,  and  served  by  Thomas  West,t  constable  of  Beverly. 

Account  of  rent  paid  by  Thomas  Patch  to  Thomas  Woodbery 
since  July  15,  1674:  delivered  to  Thomas  Woodbery  and  to 
William  Dodge  by  Woodbery's  order,  75  bushels  of  apples  at 
lOd.  per  bush,  at  apple  gathering  time  in  1674,  3li.  2s.  6d.; 
paid  to  Thomas  Woodbery,  33  bush,  of  Indian  corn  at  3s. 
per  bush.,  41i.  19s.;  and  one  swine  which  weighed  227  pounds 
at  3d.  per  pound,  21i.  16s.  9d.;  53  bush,  of  apples  at  12d. 
per  bush.,  21i.  13s.;    total,  131i.  lis.  3d. 

William  Dodge,  aged  about  thirty  years,  deposed  that 
there  were  apples  brought  to  his  cider  mill  in  1674  and  1675 
by  Thomas  Patch  or  his  order  and  he  made  them  into  cider, 
which  Thomas  Woodbery  had.     Sworn  in  court. 

Elias  Pickworth,  aged  about  eighteen  years,  deposed  that 
in  1674  in  apple  gathering  time  his  master  sent  him  to  Bass 
river  with  two  loads  of  apples  for  Thomas  Woodbury,  etc. 
He  also  carried  pork  and  Indian  corn  in  1675.  Sworn  in 
court. 

John  Edwards,  aged  about  thirty  years,  and  Walter  Fayer- 
feld,  aged  about  forty-three  years,  testified  concerning  the 
settling  of  the  accounts,  etc.     Sworn  in  court. 

Thomas  Patch's  bill  of  cost,  Hi.  16s.  8d. 

fWrit:  Thomas  Pickton,  one  of  the  proprietors  of  the  drift- 
way from  the  ferry  on  Beverly  side  v.  Samuell  Corning,  sr. ; 

JAutograph.  §Seal. 


1676]  RECORDS    AND    FILES  147 

Joseph  Armitage,  assignee  of  Hen.  Tucker  v.  Maj.  Tho. 
Savage.     Debt.     Nonsuited. 

Capt.  Wm.  Geerish  v.  Mr.  Tho.  Woodbridge.  Review. 
Verdict  for  plaintiff.  Appealed  to  the  next  Court  of  Assistants. 
Said  Woodbridge  bound,  with  Mr.  Dudly  Bradstreet  and  En- 
sign Tho.  Chandler  as  sureties.* 

forfeiture  of  a  bond,  for  not  maintaining  his  part  of  fence  be- 
longing thereto,  according  to  the  award  of  Major  Hathorne 
and  Capt.  Lothrop;  dated  June  10,  1676;  signed  by  Hilliard 
Veren,t  for  the  court;  and  served  by  Henery  Skerry,t  marshal 
of  Salem. 

Thomas  Pickton's  bill  of  cost.  Hi.  4s. 

John  Galley  and  Henery  Bayley,  both  aged  seventy  years 
and  upward,  deposed  ''that  whearas  there  haue  bin  a  drift 
way  one  Cape  an:  side  through  seuerall  mens  lande  neare 
thirty  yeare  if  not  more  and  those  that  had  no  land  in  this 
way  haue  had  theire  free  passage  by  drift  or  otherwise  onely 
they  were  to  help  to  fence  this  way  which  they  did  for  seuerall 
yeares  but  some  yeares  since  there  did  arise  some  differences 
about  this  way  soe  that  Thomas  Pickton  was  sued  before  the 
worshipfull  Major  hawthorne  who  perswaded  them  to  agree 
pickton  told  his  opposits  that  he  would  Refer  the  difference 
to  any  too  honest  men  whom  they  should  appoynt."  Major 
Hathorne  and  Captaine  Lowthropp  were  appointed  and  their 
award  accepted.  About  a  year  ago  Coming's  fence  with 
that  of  several  others  had  been  taken  away  and  he  had  made 
use  of  the  way  by  carting  and  otherwise,  etc.  Sworn  in  court. 
On  28  :  6  :  1665,  the  following  inhabitants  of  the  field  on 
Cape  Ann  side  agreed  to  stand  by  the  determination  of  the 
arbitrators:  William  dickse,  Samuel  Corning,  Josiah  Roots, 
sr.,  Thomas  Pickton,  John  Galley,  henery  Bayley,  John 
lovit,  jr.,  Thomas  Tuck,  Richard  Stackhouse,  hugh  Woodbury 
by  William  dixey,  William  hoare  by  John  Galleys,  Richard 
haines,  Thomas  Chub,  John  Stone  and  Raph  Ellingwood. 

*Writ,  dated  June  15,  1676,  signed  by  Anthony  Somerby,! 
for  the  court,  and  served  by  Joseph  Pike,t  constable  of  New- 
bery,  by  attachment  of  the  dwelling  house,  warehouse  and 
land,  all  the  furniture  in  the  house,  which  consists  of  five 
beds,  several  pewter  dishes,  divers  sorts  of  linens  in  trunks 
in  the  house,  several  parcels  of  English  goods  in  the  shop,  one 
bale  of  goods  in  the  warehouse,  salt,  lines,  cork,  feathers,  etc., 
belonging  to  defendant. 

Execution,  dated  Mar.  30,  1676,  against  Capt.  Will.  Gerish 

t  Autograph. 


148  SALEM    QUARTERLY    COURT  [June 

to  satisfy  judgment  granted  Mr.  Thomas  Woodbridge  at 
Ipswich  court,  signed  by  Robert  Lord,  cleric,  and  served  by 
Robert  Lord,  marshal  of  Ipswich.  Copy  made  by  Robert 
Lord,*  cleric. 

Bought  of  Mr.  Jacob  Jesson,  Nov.  19,  1675,  to  pay  in  pork 
in  two  months  at  money  price  at  Boston:  28  M.  1-2  6^  nailes 
at  5s.,  71i.  2s.  6d.;  50  M.  4^^  nailes,  at  2s.  8d.,  61i.  13s.  4d.; 
14  M.  lO'*  nailes,  3s.,  51i.  12s.;  total,  191i.  5s.  lOd.  Owned  by 
Mr.  Woodbridg,  27  :  4  :  1676,  before  HiUiard  Veren,*  cleric. 

Goods  delivered  the  Marshal  by  execution,  601i.  10s.:  14 
pecs  serges,  351i.;  1  pece  of  hollond,  51i.  10s.;  69  els  of  Ossinb., 
51i.  15s.;  60  yds.  flaning,  6H.;  30  1-2,  37  1-2  of  duffills,  151i. 
6s.;  42  yds.  penistone,  51i.  15s.  6d.;  25  yds.  Carsy,  lOH.  12s.; 
2  pecs  1-2  thicke  carsy,  llli.  12s.  6d.;  1  pece  of  carsy,  3h. 
lOs.;  1  peece  of  sad  carsy,  4H.;  2  pecs  of  mild  serge,  llli.  10s.; 
1  pece  of  prest  serge,  3H.  18s.;  1  pece  of  serge,  31i.;  1  pec. 
serge,  31i.  10s.;  1  pece  serge,  31i.  18s.;  2  pecs  of  prewnello, 
151i.  10s.;  1  pece  of  farindine,  61i.;  3  pecs  of  stuffe,  81i.  5s.; 
1  pece  of  serge,  31i.  18s.;  silver  lace,  31i.  7s.  6d.;  6  pecs  of 
callico,  61i.  2s.;  2  pecs  of  Lawne,  31i.  12s.;  1  pece  of  gimpe 
lace,  lis.  3d.;  blew  lining,  51i.  14s.;  1  peece  of  stuffe,  3h. 
10s.;    nayls,  27H.  9s. 

Capt.  Gerrish's  bill  of  cost,  to  witnesses  John  Dole,  John 
Atkinson,  Henry  Tewxsbury,  Thomas  Noys,  Nico.  Noys, 
Stephen  Greinleife,  Daniell  Lunt,  John  Kent,  Hugh  March 
and  Joseph  Gerrish,  etc.,  91i.  Is.  6d. 

Caleb  Moody  deposed.  Sworn,  27  :  4  :  1676,  before  Wm. 
Hathorne,*  assistant. 

Elizabeth  Gerrish,  aged  twenty-two  years,  testified  concern- 
ing the  attachments  served  by  constable  Joseph  Pike,  she 
standing  at  the  porch  door.  He  said  "I  doe  attach  this  Cub- 
bard  this  Chaire  this  table  &  this  dogg,"  and  then  went  outside 
and  attached  three  oxen,  seven  cows,  two  yokes,  a  chain  and 
a  dungpot.  Then  the  constable  went  away  with  Tristram 
Coffin.     Sworn,  27  :  4  :  1676,  before  Wm.  Hathorne,*  assistant. 

John  Cornelius,  aged  twenty-five  years,  deposed.  Sworn, 
June  26,  1676,  before  Daniel  Denison.* 

Ric.  Dole,  aged  about  fifty-two  years,  testified.  Sworn  in 
court. 

John  Knight,  sr.,  testified.     Sworn  in  court, 

Tristram  Coffin,  aged  forty-four  years,  deposed.  Sworn  in 
court. 

Tristram  Coffin  and  Jno.  Dole  testified.     Sworn  in  court. 

John  Wells,  aged  about  thirty-six  years,  deposed  on  June 
23,  1676.  Sworn,  June  26,  1676,  before  William  Stoughton. 
Copy  made  by  HiUiard  Veren,*  cleric. 

*Autograph. 


1676]  RECORDS    AND    FILES  149 

Vinson  Stilson  v.  Charles  Gibbs,  in  behalf  of  Eliza,  his 
wife.     Defamation.     Verdict  for  plaintiff.* 

John  Knight  testified  that  Mr.  Woodbridge  told  him  that  he 
had  paid  Gerrish  a  part  of  his  debt  and  the  remainder  he  would 
pay  at  the  next  coming  in  of  the  boat,  etc.     Sworn  in  court. 

John  Knight,  sr.,  deposed.     Sworn  in  court. 

Elizabeth  Gerrish,  aged  about  twenty-two  years,  deposed 
concerning  the  goods  for  which  Woodbridge  sued  her  father. 
Sworn,  26  :  4  :  1676,  before  Wm.  Hathorne,t  assistant. 

Moses  Gerrish,  aged  about  twenty-years,  deposed  con- 
cerning what  Mr.  Woodbridge  told  his  wife  about  the  goods, 
etc.     Sworn,  27  :  4  :  1676,  before  Wm.  Hathorne,t  assistant. 

*Writ:  Vincon  Stillson  v.  Charles  Gibbs  of  Marblehead,  in 
behalf  of  Elizabeth  his  wife;  defamation  in  reporting  that 
plaintiff  offered  said  Elizabeth  money  to  play  the  rogue  with 
her  and  that  he  was  the  cause  of  the  death  of  her  last  child; 
dated  June  9,  1676;  signed  by  Hilliard  Veren,t  for  the  court; 
and  served  by  John  Chin,t  deputy  for  Henery  Skerry,"!"  mar- 
shal of  Salem. 

Vinston  Stilston's  bill  of  cost,  41i.  12s. 

Sarah  Mare,  aged  about  fifteen  j^ears,  deposed  that  Eliza- 
beth Smith  was  at  her  dame's  house  on  June  28,  1676,  and  the 
latter  asked  her  if  she  had  been  to  Salem  to  sware  against 
Vinson  Stilson  and  she  said  that  she  had  not.  She  further 
stated  that  he  had  never  offered  her  any  abuse,  etc.  Sworn 
in  court. 

Heaster  Green,  aged  about  twenty-one  years,  testified  that 
on  June  7,  Vinson  Stilson,  jr.,  was  at  home  in  his  house  all  the 
afternoon  and  evening.  Further,  that  Elizabeth  Gibbs  had 
made  charges  against  William  Jarman  and  told  of  what  hap- 
pened at  John  Cole's  house  where  said  Stilson  now  lives, 
which  deponent,  being  present,  declared  were  not  true.  Sworn, 
19  :  4  :  1676,  before  Wm.  Hathorne,t  assistant. 

Tamsin  Cover,  aged  about  thirty-five  years,  deposed  that 
two  or  three  days  before  Elizabeth  Gibbs'  last  child  was  born, 
she  was  passing  their  house  and  heard  quarrelling  between  said 
Elizabeth  and  her  husband,  etc.  Sworn,  19  :  4  :  1676,  before 
Wm.  Hathorne,t  assistant. 

Grace  Stillson,  aged  about  thirty-seven  years,  deposed 
that  Rebeckah  Hueet  came  to  her  house  in  the  evening  and 
inquired  for  deponent's  husband  because  she  wished  to  get 
a  pair  of  shoes.  Deponent  told  her  that  she  thought  he  had 
none  that  would  suit  her  and  then  she  answered  that  she 
would  have  a  pair  of  white  shoes  snug  to  her  feet. 

t  Autograph. 


150  SALEM    QUARTERLY    COURT  [Juiie 

Vinson  Stilson  coming  into  the  house  was  asked  by  deponent 
to  take  the  measure  of  Rebecca's  feet,  and  he  said  he  could 
not  stay  but  if  she  would  hold  the  lamp  he  would  for  he  was 
in  haste.  She  told  the  boy  to  take  the  lamp  and  go  out  into 
the  shop  and  deponent  was  there  all  the  time  and  saw  noth- 
ing amiss.     Sworn  in  court. 

Joane  Roads,  aged  about  forty-six  years,  deposed  that 
Elizabeth  Smith  complained  to  her  about  the  actions  of  Vinson 
Stilson,  the  younger,  when  she  was  sitting  in  a  chair  with 
her  child  in  her  lap,  also  when  she  went  to  his  house  for  shoes 
for  her  child,  etc.  Sworn,  June  26,  1676,  before  Wm.  Hath- 
orne,*  assistant. 

Sara  Roads,  aged  twenty-five  years,  deposed.  Sworn,  June 
26,  1676,  before  Wm.  Hathorne,*  assistant. 

Joane  Boubier,  aged  about  twenty  years,  deposed  that 
she  met  Elizabeth  Gibbs  in  the  street  at  Marblehead  and 
she  asked  her  if  it  were  true  that  she  had  been  to  Salem  to 
complain  to  Major  Hathorne  of  Stilson's  abuse.  She  said 
it  was  "a  diuelesh  Lie,"  that  she  had  not  seen  the  Major 
since  she  knew  not  when,  and  this  was  the  same  hour  that 
she  went  to  the  constable  with  the  Avarrant  from  the  Major. 
Sworn,  19  :  4  :  1676,  before  Wm.  Hathorne,*  assistant. 

Sarah  Roades,  aged  twenty-four  years,  deposed  that  after 
Elizabeth  Gibbs  had  told  her  about  Stilson,  the  latter's  wife 
asked  said  Elizabeth  why  she  gave  such  reports  to  her  neigh- 
bors. She  denied  having  done  so,  and  said  she  should  scorn 
"that  Euer  such  an  ill  Look  Curr  should  medle  with  her," 
Sworn,  10  :  4  :  1676,  before  Wm.  Hathorne,*  assistant. 

Jean  Searl,  aged  about  thirty-five  years,  testified  that 
she  living  under  the  same  roof  with  Elezabeth  Gibbs,  wife 
of  Charles,  she  came  into  her  room  where  she  had  another 
woman  neighbor,  and  said  that  she  was  almost  dead,  that  she 
had  been  to  look  out  for  a  man  to  watch  for  her  husband,  etc. 
Sworn,  10  :  4  :  1676,  before  Wm.  Hathorne,*  assistant. 

Vinson  Stilson's  declaration:  that  all  the  witnesses  had 
cleared  him  except  two  "who  are  by  comon  report  as  bad 
as  herself e.  .  .  .  it  is  very  well  known  vnto  most  of  Mar- 
blehed  that  this  woman  is  an  abusiue  woman  as  any  is  in 
marblehed  and  says  she  if  this  complaint  will  hould,  shee 
would  accuse  seuerall  persons  in  marblehed  of  very  good 
account  in  the  like  kind,"  etc. 

Mathew  Price  and  Robart  Gotts  deposed  that  Elizabeth 
Gibbs  told  them  that  she  had  wronged  the  man  by  her  com- 
plaint.    Sworn,  28  :  4  :  1676,  before  Wm.  Hathorne,*  assistant. 

Rebecka  Hewet,  aged  about  twenty-two  years,  testified 
concerning   going   to    Stilson's   house   when    his   son    Vincent 

*  Autograph. 


1676]  RECORDS    AND    FILES  151 

John  Cogswell  v.  William  Cogswell,  executor  in  trust  to 
the  will  of  John  Cogswell.  Verdict  for  plaintiff,  according 
to  the  judgment  of  the  Court  of  Assistants.  William  Cogwell 
bound,  with  Phillip  Fowler  and  Tho.  Wade,  sureties.* 

offered  her  abuse,  etc.  Sworn,  June  21,  1676,  before  Thomas 
Clarke, t  commissioner. 

Elizabeth  Gibbs,  aged  about  twenty-four  years,  deposed 
concerning  the  several  times  that  Vinson  offered  abuse  to 
her,  at  the  shop  where  she  went  to  get  shoes,  at  the  well  when 
she  went  to  fetch  a  pail  of  water,  when  she  was  making  her 
bed  in  her  own  house,  etc.,  all  of  vrhich  she  told  her  husband, 
etc.     Sworn  in  court. 

*Writ,  dated  June  22,  1676,  signed  by  Robert  Lord,t  for 
the  court,  and  served  by  Robert  Lord,t  marshal  of  Ipswich. 
Bond  of  William  Cogswell. t 

"Louing  freinds  m"'  John  Coggswell  and  m""  W^illyam  Coggs- 
well.  thes  fewe  Vvords  are  to  lett  you  unstand  that  the  Coun- 
stables  of  Salem  Frances  Lawes  and  John  neall  haue  been  at 
Charges  with  nathanyee  domene,  seruent  to  m''  John  Coggswel 
late  deseased  being  gone  from  his  masters  serues.  I  pray  you 
to  paye  thes  Charges  to  gilles  Core  and  this  shall  be  your 
decharge  by  me  Francis  Lawesf  one  of  the  constables,  from 
Salem  the  24  of  the  2  monthe  1655."  The  charges  were  2s. 
for  two  hue  and  cries  to  John  Salare,  the  Frenchman,  for 
bringing  him  home:  at  another  time,  2s.  6d.;  bestowed  upon 
the  lade  at  the  ordinare,  4d.;   total,  4s.  lOd. 

John  Cogswell'sf  objections  against  the  justice  and  legality 
of  the  account  given  in  by  Mr.  William  Cogswell,  executor 
in  trust  to  the  will  and  inventory  of  John  Cogswell,  jr.,  de- 
ceased: to  lOOli.  paid  to  Mr.  Theoder  Atkson;  to  191i.  paid 
to  Mr.  John  Cogswell;  to  131i.  paid  Goodman  Lovell;  to 
lOli.  to  John  Cogswell,  sr.,  for  keeping  and  nursing  Samuell 
Cogswell;  to  31i.  to  Mordecai  Larkom;  to  all  the  other  ac- 
counts; to  201i.  paid  to  Mr.  Andrews  for  my  boarding  and 
schooling,  for  which  Williams  conscience  smoat  him  and  he 
scored  it  out;  to  the  sixteen  years'  rent  of  the  land,  being 
41i.  per  year  more  than  what  he  paid  the  tow^n  of  Ipswich  for 
the  lease,  641i.,  his  excuse  being  that  having  leased  it  to  Mr. 
Waldo  for  16  years,  upon  the  eleventh  year  he  was  obliged  to 
buy  said  Waldo  out  at  291i.;  for  a  considerable  sum  received 
for  three  or  four  servants  sold  and  disposed  of;  for  seventy 
pine  trees  making  700  feet  of  board  per  tree,  Avorth  about  271i, 
lis.  3d.,  and  thirteen  white  oaks  worth  61i.  18s.  3d.;    to  the 

t  Autograph. 


152  SALEM    QUARTERLY    COURT  [June 

charge   also   for   repairing   and   groimdselling   the   house   and 
repairing  the  barn,  etc. 

William  Cogswell's*  answer  to  plaintiff's  objections:  that 
he  doubtless  forgets  that  he  has  been  brought  up  from  the 
cradle  until  he  was  dismissed  to  take  charge  of  the  estate; 
that  the  servants  Robert  Powel  and  Thomas  Fowler  were 
paid  for  by  my  father  and  I  and  the  estate  allowed  141i.,  etc. 
Mr.  Atkinson,  Phillip  Fowler,  Thomas  Lovell,  John  Cogswell, 
Samuel  Cogswell,  Mordecai  Larkom,  mentioned. 

William  Cogswell's  bill  of  cost,  71i.  19s.  6d.  Mr.  Atkinson, 
Jer.  Belcher,  Thomas  Clarke,  Good.  White,  Esther  Cogswell, 
Goodman  Varnye,  Robert  Crosse,  Abigail  Clarke,  Sarah 
Tuttell,  James  White,  James  Coalman,  Phillip  Fowler,  Thomas 
Wides  mentioned. 

John  Cogswell's  bill  of  cost,  61i.  19s.  6d. 

Copy  of  the  record  of  the  Court  of  Assistants,  Mar.  7,  1675-6, 
in  an  action  of  Wm.  Cogswel  against  John  Cogswell,  in  appeal 
from  the  judgment  of  the  Ipswich  court,  with  judgment  for 
defendant,  made  by  Edw*^  Rawson,*  secretary. 

Copy  of  papers  in  a  similar  action  brought,  Sept.  20,  1675 
in  Ipswich  court,  made  by  Robert  Lord,*  cleric. 

Receipt,  dated  20  :  2  :  1656,  given  by  Mordecai  (his  mark) 
Larcom  and  Eliz.  (her  mark)  Larcom,  his  wife,  late  wife  of 
Wm.  Clarke,  for  31i.,  which  was  the  award  of  Mr.  John  Apple- 
ton,  George  Gittings  and  Moyses  Pyngrum,  to  John  Cogswell 
and  Wm.  Cogswell,  executors,  which  he  promised  to  Wm. 
Clark,  deceased,  that  if  he  made  use  of  the  house  which  he 
built  upon  his  land,  he  was  to  pay  him  for  it,  etc.  Wit:  Hum- 
phrey   Verny*    and    Elizabeth    Cogswell.* 

"M""  Coxwell  my  kinde  loue  remembred  unto  you  this  is 
to  let  you  understand  that  Thomas  louell  gave  your  sonn  a 
letter  of  aturney  to  fell  a  house  and  little  ground  which  he 
receiued  thirtene  pound  of  it  and  I  will  take  my  oathe  of  it 
that  he  said  upon  his  death  bed  that  he  receiued  thirteen 
pound  and  that  the  said  thomas  louell  should  be  paid  out  of 
his  goods  here  but  that  the  magistrates  were  gone  to  Cambridge 
else  I  would  haue  sent  you  a  deposition  under  there  hands, 
and  I  would  intreat  you  to  send  me  the  biggest  of  the  lads 
with  all  speed  else  you  must  pay  me  for  his  time,  george 
Stimson.     thus  in  hast  I  rest  your  louing  friend 

Theodore  Atkinson."* 

Bond,  dated  Dec.  20,  1671,  given  by  Samuell  Cogswell* 
of  Ipswich  to  his  uncle  William  Cogswell  of  Ipswich,  for 
enough  white  oak  timber  to  make  10,000  barrel  staves  and 
heading,  said  timber  growing  on  the  pasture  land  on  the 
southeast  side  of  Jebaco  river,  etc.     Wit:    William  Thomson* 

*Autograph. 


1676]  RECORDS    AND    FILES  153 

and  Edward  Cogswell.*     Samuell  Cogswell's*  receipt,     "also 
Paied  by  youre  order  to  youre  brother  John  25^" 

Elizabeth  Cogswell*  certified  that  she  and  her  husband 
John  Cogswell  had  received  of  their  son  John  lOli.  for  nursing 
and  maintaining  his  young  child  which  he  put  to  them  in  1652 
before  their  said  son  went  to  England.     Wit:   Symon  Tuttell.* 

Debts  "of  my  brother  John  which  we  found  paide  on  ser- 
gent  belsher's  booke,"  and  certified  to  by  Jere  Belcher:*  to 
the  ferryman  of  Nubery,  3s.  6d.;  decon  Pingre,  10s.  8d.; 
twifoot  west,  Is.  6d.;  gorg  hadly,  10s.;  goodman  Englis, 
3s.;  samuell  taller,  2s.  6d.;  goodman  bradstreet,  21i.;  John 
Androse,  2s.;    ould  Rofe,  3s. 

"London  this  30'^  of  march  1653: 

"Most  loveing  father  &  mother  I  haueing  an  oppertonity 
to  send  to  newingland:  Could  not  but  write  to  yo"  to  certifi 
yo"  yt  I  am  through  gods  goodnes  to  me  safe  arived  in  ingland: 
&  haue  had  my  helth  well  &  my  freinds  are  in  ginerall  well: 
my  sister  haith  two  Children:  I  am  as  yit  un  married:  & 
litele  hopes  I  have  to  marry  here:  but  I  intend  to  make  haist 
over  to  newingland  with  som  servants  as  fast  as  I  Can  my 
Condishon  at  present  is  veary  lowe  &  I  am  in  greate  straite: 
the  lord  in  mercy  help  me:  M''  deane  haith  dealt  kindly  with 
me  &  haith  taken  bond  of  me  to  Receive  for  841i.  here.  100^' 
in  Boston:  I  pray  father  will  yo"  bee  Asistant  to  my  Brother 
willem  &  booth  to  my  Brother  Armitage  in  the  payement  of 
this  100":  for  I  haue  writen  to  my  Brother  Armitage  to  paye 
it  for  me:  be  Cause  he  Lives  in  Boston.  I  haue  not  yit  Agreed 
with  my  Cossen  stevens  nor  M'"  goad  I  owe  y™  about  53": 
bee  sides  intrest  I  pray  father  &  mother  &  Brother  willem  be 
Carefull  of  that  litell  Corne,  Cattel,  goods  &  my  house  & 
Land  that  it  bee  not  forfiteed:  for  I  am  in  A  very  lowe  &  sad 
Condishon  heare  &  haue  nothing  to  paye  my  depts  with  all. 
nor  to  mainetaine  my  poore  motherles  Children  with  all  but 
what  is  in  y''  hands.  I  preye  will  yo"  haue  A  fatherly  &  a 
motherly  Care  of  my  3  dere  motherles  babes  &  at  present 
fatherless:  I  haue  bin  with  my  Brother  Waldoes  freinds. 
his  mother  lives  in  Carrik.  his  Brother  John  is  deade.  his 
Brother  Thomas  is  in  Ireland  &  his  Unkel  Borron  is  deade. 
the  Rest  are  in  helth  I  preye  bee  Ernest  with  my  sister  woldo 
to  bee  loveing  &  tender  to  my  3  babes,  for  she  knowes  not 
how  sowne  hers  maye  bee  left  to  the  world.  I  would  haue 
John  &  Elisabeth  go  to  scoole  this  summer,  thus  on  my  knees 
Craveing  y""  prayers  to  god  for  me  in  theese  my  undertakings 
that  i  maye  be  brought  safe  to  you  againe:  Remembring  my 
duty  to  you  booth  my  love  to  my  3  children:  &  to  my  Bro- 
thers &  sisters  &  Cosens.     with  my  servis  to  M''  Rogers  & 

*Autograph. 


154  SALEM    QUARTERLY    COURT  [June 

m''  norton  &  my  love  to  goodman  lord  &  m.y  Respects  to  all 
my  frinds  Humbly  Craveing  all  j"  praj^ers  I  Commit  yo" 
all  to  god  &  Rest  j^ore  obedient  soun  &  very  loveing  father  & 
brother  frend  &  servant  John  Cogeswell:  this  letter  i  wroght 
in  greate  haist. 

"The  superscripction  is: 

"To  his  very  Loveing  father  M''  John  Cogeswell  at  his 
house  in  Ipesridge  theese  be  dd  in  Esex. 

"This  is  A  true  Copy:  of  a  Letter  that  my  Brother  John 
Cogeswell  sent  to  my  father  from  London  30*^  of  march  1653." 
Copy  made  June  26,  1676. 

Goods  lent  to  his  tenant  Henry  Muddell:"^    One  Iron  pot, 

1  payr  pottucks,  1  payr  pot  hangers,  2  spoones,  7  trayes,  viss, 
spleete,  1  firkinge,  1  cherne,  2  barels,  1  payle,  1  powdring 
tub,  1  beere  barell,  1  sive,  1  buter  firkinge,  1  bed,  1  boulster, 

2  Coverings,  2  blankets  &  ye  Cart  &  3  chaires,  one  rope  for 
a  cart,  1  plow  &  irons,  3  yoakes,  1  chese  presse,  1  grid  iron, 
4  dishes,  1  stroying  dish,  1  Cheese.j  All  were  to  be  used  upon 
his  farm  and  to  be  returned  when  he  came  again,  or  at  the 
year's  end.  Also  13  december  1653,  1  oure  glass,  2  beetle 
rings  &  wedges. 

Lent  to  brother  Waldoe,  1  feather  bed,  scillet,  1  payre  of 
pot  hangers.  Debts  due  in  Ipswich,  to  Goodman  Scot,  Abra- 
ham Foster,  ould  Foster,  Mr.  Wade,  Mr.  Batholimew,  etc. 

Lent  to  my  brother  William,  1  payre  of  pot  hooks,  1  booke, 
2  chayers,  course  cloth,  1  cheese  moale,  2  trays,  1  suck  botle. 

Lent  to  mj^  mother  to  be  returned,  one  Chamber  pott. 

Copy  of  indenture,  dated  Jan.  16,  1650,  between  Daniell 
Denisson,  Robbert  Payne,  William  Payne  &  William  Barthol- 
mew,  all  of  Ipswich,  and  John  Cogswell,  jr.,  of  Ipswich,  the 
former  "farm  letten  "  all  the  land  commonly  called  the  Neck, 
beyond  Chebacho  river,  in  Ipswich,  "bounded  by  said  River 
on  the  one  side  and  by  two  great  Creeks  on  the  two  other  sides, 
and  from  the  heads  of  the  s*^  Creeks  W^  was  formerly  bounded 
upon  a  streight  line  from  either  doth  extend  within  two  rods 
of  the  line  that  Divideth  Ipswitch  from  Gloucester  bound," 
which  land  was  granted  to  the  four  men  before  mentioned  by 
the  town  of  Ipswich  for  the  use  of  a  free  school  in  Ipswich 
forever,  to  John  Cogswell,  jr.,  for  one  thousand  years;  he 
Avas  to  pay  annually  141i.  in  butter,  cheese,  beef,  pork,  and 
corn,  at  the  meeting  house  in  Ipswich,  etc.  Wit:  Joseph 
Payne,  Francis  French,  Joseph  Noyes  and  John  Payne. 

Abygarl  Clarke,  aged  thirty-five  j^ears,  and  Sarah  Tuttell, 
aged  thirty  years,  testified  that  their  mother  Elizabeth  Cogs- 
well  said  that  her  daughter   Cogswell,   her  son  John's   wife, 

*  Autograph. 


1676]  RECOKDS    AND    FILES  155 

upon  her  death  bed  gave  her  charge  of  several  small  things 
to  give  her  children,  one  gold  ring,  a  silver  spoon,  a  small 
silver  heart  and  a  small  bundle  of  childbed  linen,  which  she 
told  deponents  she  faithfullj^  delivered  to  said  children,  all 
but  the  silver  spoon  which  w^as  lost,  she  knew  not  how  nor 
where.  Also  that  her  son  John  Cogswell  gave  her  a  cradle 
and  child's  chair  before  he  Avent  to  England.  Sworn,  June 
20,  1676,  before  Daniel  Denison.* 

Wm.  Story,  aged  about  sixty-six  years,  deposed  that  the 
house  now  in  controversy  was  in  a  very  bad  condition,  that 
cattle  passed  through  it,  and  people  were  afraid  that  it  would 
fall  upon  the  cattle.  About  two  years  ago  William  Cogswell 
repaired  the  house  on  charge  of  Jno.  Cogswell,  in  ground- 
selling  and  all  other  needed  repairs  without  one  cent  of  charge 
to  said  William.     Sworn  in  court. 

Theoder  Atkinson,  aged  about  sixty-two  years,  deposed  that 
the  debt  Jno.  Cogswell,  jr.,  owed  him  was  paid  by  his  brother 
William  Cogswell  about  1654.  Sworn,  May  13,  1676,  before 
Edward  Tyng,*  assistant. 

James  White,  aged  about  thirty-nine  years,  deposed  that 
after  John  Cogswell  was  of  age  the  fence  from  the  long  bridge 
to  John  Burnum's  bridge  was  standing,  which  at  that  time 
deponent  considered  worth  18d.  per  rod,  and  also  two  corn 
yards  fenced,  about  a  hundred  rods,  which  vras  standing  after 
John  Cogswell  was  of  age,  and  worth  about  51i.  After  John 
was  of  age,  the  house  and  barn  were  standing  and  made  use 
of  by  him.     Sworn,  22  :  4  :  1676,  before  Daniel  Denison.* 

Bill  of  sale,  dated  Dec.  30,  1670,  John  (his  mark)  Cogswell 
of  Ipswich  to  his  uncle  William  Cogswell  of  Ipswich,  eight 
pine  trees  and  twelve  white  oaks  growing  on  the  farm  on  the 
other  side  of  Chebaco  river  vrherever  he  pleases  to  take  them, 
with  liberty  to  cart  them  over  the  farm  to  a  convenient  place, 
also  to  cart  away  the  logs  that  the  town  gave  him,  in  consider- 
ation of  40s.  received  in  part  pay  for  a  horse  said  John  bought 
of  Mr.  John  Hacks  of  Lin.  Wit:  John  Hawkes*  and  Roberte 
Crosse.* 

Thomas  Varny,  aged  thirty-five  years,  and  James  Whit, 
aged  thirty-nine  years,  testified  that  after  the  death  of  John 
Cogswell,  jr.,  his  son  John  lived  with  his  uncle  William  and 
was  very  sickly  a  greater  part  of  the  time.  Said  William  and 
his  wife  had  a  fatherly  and  motherly  care  in  teaching  him  in 
learning  and  in  instructing  him  in  the  fear  of  God.  Said  Varny 
had  heard  John  say  that  he  had  never  wanted  for  meat,  drink 
or  apparel  and  said  James  while  living  in  the  house  with  him 
part  of  the  time  never  heard  John  complain,  etc.  Sworn, 
22  :  4  :  1676,  before  Daniel  Denison.* 

*  Autograph. 


156  SALEM    QUARTERLY    COURT  [JunC 

Joannah  Smith  testified,  she  being  with  Mrs.  Cogsv/ell  the 
mother  of  John  Cogswell  at  the  birth  of  her  last  child,  that 
she  had  a  great  deal  of  very  good  childbed  linen  and  the  house 
was  well  furnished  with  good  household  stuff,  also  silk  gowns 
and  petticoats,  very  good  linen,  costly  laces  and  deponent 
observed  a  very  good  carpet,  as  she  remembers  it  was  a  turkey 
work.     Sworn  in  court. 

John  Palmer,  aged  about  thirty  years,  testified  that  Mr. 
Theodore  Atkinson  sold  him  to  Mr,  John  Cogswell,  jr.,  in  Lon- 
don, for  twelve  years,  and  when  he  sent  him  to  this  country 
said  Cogswell  told  him  that  he  had  paid  for  his  passage,  but 
upon  arrival  he  understood  that  his  master  was  dead  and 
he  was  assigned  to  Mr.  John  Cogswell,  sr.,  where  he  served 
part  of  the  time  until  he  was  sold  to  Mr.  Eps.  Also  that 
Elizabeth  and  Samuel  Cogswell,  then  children,  lived  there  at 
the  same  time,  yet  Elizabeth  was  competent  to  earn  her  own 
living  and  the  boy  was  a  sound,  hale  lad,  both  very  ill-used 
as  to  diet  and  clothing,  going  very  ragged  and  thin,  barefooted 
and  barelegged.  There  was  a  lad  who  came  over  in  the  ship 
with  deponent  named  Georg  Stimson,  who  said  he  was  Mr. 
John  Cogswell's  servant  and  who  came  to  Shebaco  with  them. 
Sworn,  June  16,  1676,  before  Samll.  Dalton,*  commissioner. 

William  Cogswell*  certified  as  to  the  schooling  which  the 
three  children  of  his  brother  John  Cogswell  had:  "in  the 
sumer  1653  to  of  the  childering  John  and  eleazbeth  went  to 
skoole  to  goodde  CoUenses  by  his  order  in  a  letter  from  Ingland 
to  put  them  to  scoole  and  we  the  exseceters  in  trust  paide  her 
for  theyer  scooling:  and  in  nouember  1653  and  in  the  yeare 
folowing  1654  we  kept  ascoole  dame  in  my  fathers  house: 
to  teach  my  brother  Cogswells  Children  and  some  other  Chil- 
dren we  keept  her  at  our  one  cost:  and  after  1654  to  Septem- 
ber 1659  we  indevered  to  teach  these  childring  in  reading  and 
in  structing  of  them  in  the  fear  of  god  and  in  September  1659 
my  mother  came  and  lined  in  howcse  with  me  in  my  family 
and  made  it  her  implyment  to  teach  the  children  in  the  family 
whearof  my  cousen  John  Cogswell  wase  one  of  them:  and 
in  nouember  1659  my  father  and  the  rest  of  his  family  came 
and  lived  in  the  house  with  me  in  my  family  untel  that  time 
twelve  muntes  after:  which  was  in  1660  and  the  rest  of 
thayre  implyment  was  to  teach  the  children  in  the  family  to 
write  and  to  reade:  and  from  1660  to  1663  my  cousen  John 
was  instructed  in  writing  and  reading  with  the  best  indeuores 
we  could  in  the  family  and  he  could  read  a  chapter  in  the  bible 
uery  well  and  also  in  1663  I  had  a  man  liueed  with  me  which 
I  gaue  12^'  a  yeare  unto:  that  could  wright  and  reade  very 
well  and  I  aded  to  his  wages  8  or  10"  and  alowed  him  what 

*  Autograph. 


1676]  RECORDS    AND    FILES  157 

time  he  would  to  perphect  my  cusen  John  in  his  writing  and 
spelling  and  of  saruing  his  stops  in  reading:  and  in  1664  the 
Court  in  September  gaue  my  cusen  John  leaue  to  chuse  him 
selfe  a  gordion:  which  I  apprehend  a  gordion  is  not  to  pay 
wages  besides  maintenance  of  the  orfanc." 

William  Story,  sr.,  testified  that  at  one  time  when  John  was 
in  a  cradle  his  uncle  Waldo  came  to  the  house  of  William 
Cogswell  and  found  fault  with  his  attendance  and  deponent 
heard  Waldo  tell  his  sister  Cogswell  that  if  he  died  his  blood 
would  be  required  at  their  hands.  Further  that  deponent  had 
taken  notice  that  his  employment  had  been  according  to  his 
age  and  going  to  his  house  on  a  cold  morning,  he  saw  said 
John  eating  turnips  with  none  of  the  family  with  him,  yet 
he  never  heard  his  uncle  complain  of  any  misbehavior  nor 
of  his  being  sickly.  Sworn,  June  26,  1676,  before  Daniel 
Denison.* 

Robert  Cross,  aged  thirty-three  years,  deposed  that  when 
John  Cogswell  took  possession  of  his  land  the  house  and 
barn  upon  it  were  tennantable,  etc.  Also  that  he  bought 
eight  choice  trees,  pine  and  oak,  for  15s.  of  Samll.  Cogswel, 
etc.     Sworn,  Nov.  2,  1675,  before  Daniel  Denison.* 

James  Whit,  aged  thirty-nine  years,  deposed  that  he  felled 
three  white  oaks  on  the  other  side  of  Jebaco  river.  John  Cogs- 
well challenged  them  to  be  his  and  would  not  let  him  carry 
them  away  without  paying  12d.  a  tree,  which  he  paid  him  for 
them.     Sworn,  22  :  4  :  1676,  before  Daniel  Denison.* 

Thomas  Lovell  deposed  that  he  gave  Mr.  John  Cogswell  a 
letter  of  attorney  to  sell  a  house  and  a  little  land  in  old  England 
and  said  Cogswell  went  to  England  to  deponent's  friends,  as 
they  later  wrote  him.  The  said  friend  gave  Cogswell  13li. 
in  silver  to  deliver  to  deponent,  but  Cogswell  died  on  ship- 
board in  coming  to  New  England.  Then  deponent  went  to 
old  Mr.  Cogswell  and  demanded  the  money,  but  he  refused 
to  pay  it.  Then  he  went  to  Bostowne  to  Mr.  Atkinson,  who 
gave  him  a  deposition  taken  by  Mr.  Bellingham,  then  deputy 
governor,  from  John  Cogswell  that  he  had  received  the  money 
and  it  should  be  paid  from  his  estate  here,  etc.  Sworn, 
22  :  4  :  1676,  before  Daniel  Denison.* 

James  Coleman,  aged  about  thirty-five  years,  deposed  that 
he  had  lived  nearly  twenty-one  years  near  the  house  in  con- 
troversy and  that  the  house  was  not  groundselled  until  John 
Cogswell  had  it  done,  neither  was  the  barn  repaired  except 
when  Wm.  Cogswell  had  occasion  to  put  some  corn  into  it. 
Then  he  would  put  a  board  up  to  stop  a  hole  or  a  little  thatch 
with  straw,  etc.     Sworn  in  court. 

Hannah,  wife  of  Cornelius  Waldo,  deposed  that  John  Cogs- 

*  Autograph. 


158  SALEM    QUARTERLY    COURT  [June 

well,  deceased,  her  brother,  had  but  one  feather  bed  which 
he  left  with  her  and  which  she  returned  to  the  executors,  and 
that  there  were  but  two  brass  kettles  and  a  skillet,  and  a  very 
little  pewter.  She  saw  after  her  sister  Cogswell's  death  very 
little  linen  which  was  damaged  by  mildew  and  she  had  but 
one  silk  gown  much  worn  and  worth  but  little.  Sworn  in  court. 
James  Collman  testified  that  he  lived  with  Mr.  William 
Cogswell    and    carried    away   timber,    etc.     Sworn,    Apr.    15, 

1675,  before  Daniel  Denison.* 

James  White  testified  that  John  Cogswell  told  him  at  his 
house  that  when  he  came  home  from  Exetor  he  found  a  writing 
in  his  window,  an  account  between  his  uncle  and  himself, 
which  if  his  uncle  could  prove  would  make  him  13011.  in  his 
uncle's  debt.     Sworn,  22  :  4  :  1676,  before  Daniel  Denison.* 

Elisebeth    (her  mark)  Wellman's    receipt,    dated    June    30, 

1676,  for  a  gold  ring,  childbed  linen,  three  lace  handkerchiefs 
and  a  pair  of  lace  coifes  from  her  grandmother  Cogswell. 
Wit:    Cornelius  Waldo*  and  Hannah  Waldo.* 

Jno.  Kimball,  jr.,  aged  thirty  years,  deposed  that  he  lived 
in  the  house  with  Elizabeth  Cogsdell  at  John  Wiat's  for  four 
years,  and  when  she  came  from  her  grandmother's  she  could 
not  read  any  chapter  in  the  Bible,  neither  had  she  any  other 
learning.  She  had  very  few  clothes,  especially  shoes,  which 
her  dame  Wiat  was  forced  to  buy  for  her  immediately,  etc. 
Sworn  in  court. 

William  Story,  sr.,  and  Reienald  Foster,  jr.,  deposed  that 
John  Cogswell  showed  them  three  score  pine  trees  on  his 
farm  which  they  upon  measuring  found  would  make  seven 
hundred  boards  per  tree,  and  thirteen  white  oaks  which  would 
make  two  hundred  two-inch  planks  per  tree.     Sworn,  Apr.  15, 

1675,  before  Daniel  Denison.* 

Cornelius  Waldo  and  his  wife  Hannah  testified  that  when 
they  took  the  farm  there  was  only  one  dwelling  house  of  their 
brother's  upon  it.     Sworn  in  court. 

William  Thomson,  aged  twenty-seven  years,  deposed  that 
he  lived  with  Mr.  John  Cogswell,  sr.,  etc.     Sworn,  June  29, 

1676,  before  Daniel  Denison.* 

Edward  Bragg  testified  that  he  had  seen  John  go  in  a  very 
beggarly  condition  both  as  to  stockings  and  clothes,  etc. 
Sworn,  June  26,  1676,  before  Daniel  Denison.* 

Thomas  Varny,  aged  about  thirty-five  years,  deposed  that 
John  Cogswell  told  him  that  he  had  sold  his  uncle  William 
two  pine  trees  at  4s.  to  Deacon  Haskell  of  Gloster,  etc.  Sworn, 
June  22,  1676,  before  Daniel  Denison.* 

George  Stimpson,  aged  about  thirty-one  years,  deposed 
concerning  his  coming  from  England  and  that  he  lived  here 

*  Autograph. 


1676]  RECORDS    AND    FILES  159 

with  Mr.  William  Cogswell  a  quarter  of  a  year  and  then  went 
to  Mr.  Theodore  Atkinson's  in  Boston  but  as  to  the  terms,  he 
knew  not.     Sworn,  June  24,  1676,  before  Daniel  Denison.* 

Thomas  Low,  jr.,  aged  about  thirty-six  years,  deposed  that 
he  has  lived  not  far  from  Mr.  William  Cogswell's,  etc.  Sworn, 
June  26,  1676,  before  Daniel  Denison.* 

William  Butler,  aged  about  tvventy-two  years,  deposed 
that  when  he  was  a  servant  of  Mr.  William  Cogswell,  etc. 
Sworn,  Apr.  15,  1675,  before  Daniel  Denison.* 

John  Atkinson,  aged  about  forty  ^^ears,  deposed  that  John 
Palmer  and  George  Stimson  were  servants  of  Mr.  Theodore 
Atkinson  in  1653,  etc. 

Esther  Cogsv\'ell,  aged  about  nineteen  years,  daughter  of 
William  Cogswell,  testified.  Sworn,  June  22,  1676,  before 
Daniel  Denison.* 

Thomas  Varny  and  Abigal,  his  wife,  both  aged  about  thirty- 
two  years,  deposed  that  at  their  own  house,  etc.  Sworn, 
22  :  4  :  1676,  before  Daniel  Denison.* 

Thomas  Wade,  aged  about  twenty-six  years,  testified. 
Sworn  in  court. 

Walter  Roper,  aged  about  sixty-five  years,  deposed  that 
he  was  employed  b}'  John  Cogswell's  father  to  build  him  a 
house  on  the  north  side  of  Chebacco  river  and  did  "bed  & 
board  there"  for  a  good  space  of  time  until  a  little  before  his 
mother  died.  That  the  house  was  well  furnished  with  house- 
hold stuff,  pewter  and  brass,  three  feather  beds,  a  flock  bed 
and  suitable  furniture,  which  he  had  cause  to  notice,  being 
employed  to  take  down  and  set  up  the  bedstead.  There 
were  two  good  feather  beds,  one  upon  another  which  they 
laid  upon  before  they  came  into  the  great  house  and  deponent 
laid  upon  a  feather  bed  also.  There  was  a  good  store  of  table 
linen  diaper  and  damask,  and  she  had  good  clothes  and  change 
of  linen,  also  plate,  silver  spoons,  brass  pans  for  milk  used 
sometimes  to  cool  wort  in.     Sworn  in  court. 

James  Coleman,  aged  about  thirty-four  years,  deposed  that 
when  John  Cogswell  was  a  bo}'  of  sixteen  years  he  had  to 
sweep  the  house,  tend  the  children,  wash  the  dishes,  milk  the 
cows  and  clean  the  cattle  at  Mr.  Wm.  Cogswell's,  etc.  Sworn, 
June  8,  1676,  before  Daniel  Denison.* 

James  White  testified  that  he  heard  Samuel  Cogswell  sa}^ 
after  he  was  of  age  that  he  sold  his  uncle  a  parcel  of  white 
oak  timber  to  make  cooper's  ware,  etc.  Sworn,  22  :  4  :  1676, 
before  Daniel  Denison.* 

Robert  Powell,  aged  about  forty  years  or  upwards,  deposed 
that  Mr.  John  Cogswell,  jr.,  caused  him  to  be  brought  into  this 
country''  being  bound  to  him  in  London  for  six  years,  and  that 

*  Autograph. 


160  SALEM    QUARTERLY    COURT  [June 

he  lived  here  with  WiUiam  Cogswell  after  said  John's  decease 
a  part  of  his  term.  The  remainder  of  his  term  he  redeemed 
by  paying  William  151i.  Further  that  he  heard  his  master 
John  Cogswell  say  that  he  had  two  boy  servants  in  another 
ship  which  accompanied  them,  and  had  seen  him  receive  191i. 
from  Mr.  Dean  in  London  to  pay  for  their  passage  to  New 
England.  Deponent  by  indenture  was  to  receive  lOli.  at  the 
expiration  of  six  years  which  he  never  received,  said  William 
subtilely  getting  an  acquittance  from  him,  etc.  Sworn, 
June  16,  1676,  before  Samll.  Dalton,*  commissioner. 

Thomas  Fowler,  aged  about  forty  years,  testified  that  Mr. 
John  Cogswell,  jr.,  caused  him  to  be  brought  into  this  country, 
being  bound  to  him  in  London  for  seven  years,  and  afterward 
was  forced  to  live  with  Mr.  John  Cogswell,  sr.,  for  seven  years, 
and  he  redeemed  part  of  his  time  by  paying  15  or  161i.,  etc. 
Sworn,  June  16,  1676,  before  Samuell  Dalton,*  commissioner. 
James  White  deposed.  Sworn,  22  :  4  :  1676,  before  Daniel 
Denison.* 

Samuell  Gedding  and  Joseph  Gidding  testified  that  they 
heard  their  father  Gidding  say  that  when  they  made  the 
inventory  of  the  estate  there  were  no  servants  entered,  but 
only  two  houses.     Sworn  in  court. 

Reienalld  Foster,  jr.,  aged  about  forty  years,  testified  that 
he  had  lived  not  far  from  Mr.  William  Cogswell's  ever  since 
his  cousin  John  lived  Math  him,  etc.  Sworn,  June  26,  1676, 
before  Daniel  Denison.* 

Account  of  the  executors,  John  Cogswell,  sr.,  and  William 
Cogswell,  of  the  estate  of  John  Cogswell,  jr.,  which  Avas  com- 
mitted to  them  in  7  mo.  1653:  Paid  to  Mr.  Theodore  Atkinson 
for  discharging  in  part  certain  bonds  given  by  Jno.  Cogswel, 
jr.,  to  three  men  in  England,  Mr.  Deane,  Mr.  Stevens  and 
Mr.  Goad,  said  Atkinson  being  their  attorney,  lOOli.;  to  Mr. 
John  Cogswel,  executor,  191i.;  to  goodman  Lovel,  for  so  much 
of  his  estate  received  in  England  by  John  Cogswell,  jr.,  to  be 
paid  here,  131i.;  to  Mr.  John  Cogswel,  sr.,  for  keeping  and 
nursing  Samuel  Cogswell,  younger  son  of  John  Cogswell, 
jr.,  in  1652  before  our  Executorship  began,  the  child  bemg 
then  1  year  old,  and  his  father  alive  but  in  England  and  dying 
in  coming  over,  lOli.;  to  Mordecai  Larkam  for  arbitration, 
31i.;  to  Mr.  Pain,  31i.  Is.  lOd.;  paying  debts  at  Boston,  31i. 
8s.;  to  goodman  Bradstreet,  21i.;  to  Mr.  Bartholmew,  21i.; 
to  Abraham  Foster,  Hi.  3s.;  constable.  Hi.  3s.;  to  Mr.  Wade 
Hi.;  to  Mr.  Baker,  18s.;  to  old  goodman  Scot,  18s.  6d.;  to 
goodman  Archer,  12s.;  to  old  goodman  Foster,  3s.  3d.;  to 
goodman  white,  3s.;  to  goodman  Andrews,  2s.;  serving  an 
execution  on  Joseph  Armitage,  with  nothing  recovered,   lis.; 

*Autograph. 


1676]  RECORDS    AND    FILES  161 

serving  an  execution  on  Anthony  Day  at  Gloster,  4s.;  By 
these  and  other  trials  was  found  that  striving  to  get  these 
desperate  debts  did  but  wast  the  Estate  Received,  and  no 
waies  adde  thereto:  nor  countervail  charges  disbursed  about 
y"^  and  as  they  crept  into  the  Inventory  without  our  appro- 
bation, except  they  were  recoverable,  so  proving  no  real 
Estate  to  us;  they  may  with  better  reason  be  discounted  by 
the  Executors,  then  they  were  entered  by  another  hand  for 
which  is  to  be  deducted  out  of  the  Inventory,  28U.  3s.  4d.; 
total,  190H.  lis.  7d. 

Other  debts  due  from  the  estate  from  the  book  of  John  Cogs- 
wel,  one  of  the  executors,  now  deceased:  paid  to  Mr.  Atkinson 
of  Boston,  31i.  lis.  8d.;  to  Mr.  Scott? way  of  Boston,  41i.; 
to  Mr.  John  Cogswel,  sr.,  for  tokens  which  Jno.  Cogswel,  jr., 
received  for  him  in  England  of  Doctor  Tomson,  Hi.  2s.;  to 
goodman  West,  21i.  10s.;  to  deacon  Knolton,  15s.  6d.;  to 
deacon  Pengriff,  10s.  8d.;  to  George  Hadley,  10s.;  to  good- 
man  Coy,  4s.  6d.;  to  goodman  Roff,  3s.;  to  goodman  Duglass, 
3s.;  to  Samuel  Tailor,  2s.  6d.;  to  Twifoot  West,  Is.  6d.; 
total,  13h.  14s.  4d.  These  real  losses,  deductions,  etc.,  amount 
to  204K.  5s.  Ud.,  which  deducted  out  of  the  whole  inventory, 
34111.  10s.,  leaves  137h.  4s.  Id.  Which  is  all  the  Estate  left 
for  defraying  of  future  charges  of  the  Executors,  and  bringing 
up  the  children  in  the  fear  of  God,  and  to  Learning,  at  school, 
till  the  2  sonnes  Jno.  and  Samll.  were  10  yeers  of  age  and  the 
daughter  14  yeers  old  as  expressed  in  the  will.  For  my  own 
charges,  care,  trouble,  loss  of  time,  etc.,  40s.  per  annum.  For 
children's  diet,  clothing,  washing,  lodging,  tending  and  teach- 
ing: for  the  daughter  Elizabeth,  her  first  year  being  then  six 
years  old,  lOh.;  second,  91i. ;  third,  Sli.;  fourth,  7h.;  fifth, 
61i.;  sixth,  5H.;  seventh,  41i.;  eighth,  31i.;  ninth,  being  then 
fourteen  years  old,  21i.;  total,  541i.  For  the  younger  son, 
Samll.,  for  his  first  year,  being  then  three  years  old,  lOli. ; 
second,  lOH.;  third,  Sli.;  fourth,  8h.;  fifth,  6h.;  sixth,  61i.; 
seventh,  41i.;  eighth,  then  ten  years  old,  and  to  be  put  out 
apprentice,  41i.;  total,  561i.  For  the  elder  son  John,  his 
first  year  being  then  four  years  old,  lOli.;  second,  lOH.;  third, 
81i.;  fourth,  7U.;  fifth,  6li.;  sixth,  5K.;  seventh,  4H.;  total, 
501i.  For  John's  boarding  and  schooling  v/ith  Mr.  Andrews, 
2h.  Sworn,  29  :  1  :  1676,  by  William  Cogswell.*  John  Cogs- 
well,* Apr.  7,  1676,  denied  the  truth  of  the  foregoing  account 
and  did  not  accept  it  according  to  the  judgment  of  the  Court 
of  Assistants  at  Boston.  William  Cogswell*  added  to  the  for- 
mer account:  to  the  ferryman  of  Newbery,  3s.  6d. ;  constable  of 
Salem,  4s.  lOd.  Also  that  the  entry  of  141i.  for  two  houses  should 
have  been  two  servants,  which  was  a  mistake  of  the  scribe. 

*Autograph. 


162  SALEM    QUARTERLY    COURT  [June 

Capt.  Wm.  Gerish  v.  Mr.  Thomas  Woodbridge.  Defama- 
tion or  slander.  Verdict  for  plaintiff.  To  pay  a  fine  unless  he 
acknowledge  his  offence  before  the  court  in  sajdng  that  the 
Capt.  had  cheated  him  and  lied,  and  also  make  a  like  ac- 
knowledgment at  Newbery  on  a  lecture  day  within  five  weeks, 
openly  in  the  meeting  house  before  the  congregation.  Ap- 
pealed to  the  next  Court  of  Assistants.  Mr.  Thomas  Wood- 
bridge  bound,  with  Mr.  Dudly  Bradstreet  and  Thomas  Chand- 
ler as  sureties.* 

Mr.  Thomas  Woodbridge  v.  Capt.  Wm.  Gerrish.     Review 

Account  returned  by  William  Cogswell,!  June  14,  1676, 
giving  detail  of  the  credits  each  year  from  1653  to  1670  on 
account  of  Cornelius  Waldo's  lease  of  the  farm,  and  the  debits 
for  charges  of  the  children,  the  substance  of  which  is  con- 
tained in  the  foregoing  testimony. 

Thomas  Wadef  and  Thomas  Varnyf  certified  that  they 
were  present  with  Mr.  William  Cogswell  several  times  at  the 
dwelling  house  of  Mr.  John  Cogswell  on  June  15,  1676,  and 
inquired  for  him  to  give  him  an  account  according  to  the 
Court  of  Assistants'  judgment,  but  he  could  not  be  found  and 
so  they  left  it  there.  Wit:  Cornelius  Waldo,  jr.f  and  Edward 
Cogs  well,  t  Sworn  by  Varny  before  Daniel  Denisonf  and  by 
Wade,  in  court. 

*Writ,  dated  19  :  4  :  1676,  signed  by  Hilliard  Veren,t  for 
the  court,  and  served  by  Joseph  Webb,t  marshal  of  Boston. 
Bond  of  Tho.  Woodbridge. f 

Bill  of  cost,  31i.  13s.  4d. 

Daniell  Luntt,  aged  about  thirty-four  years,  deposed  con- 
cerning what  Woodbridge  said  about  Gerrish,  etc.  Sworn, 
24  :  4  :  1676,  before  Wm.  Hathorne,t  assistant. 

Robert  Lord,  sr.,  aged  about  seventy-five  years,  deposed 
concerning  a  bill  which  Capt.  Gerrish  acknowledged  and 
then  denied,  etc.  Sworn,  June  23,  1676,  before  Daniel  Deni- 
son.f 

Henry  Jaques,t  aged  about  fiftj^-six  years,  testified  that 
he  was  one  of  the  jury  in  the  action  of  defamation  brought 
by  Capt.  William  Gerrish  against  Mr.  Thos.  Woodbridge,  and 
their  verdict  against  Gerrish  was  given  on  account  of  the 
contradictory  and  untrue  statements  of  said  Gerrish.  Wit: 
John  Wellsf  and  Dudley  Bradstreet. f  Abraham  Perkins 
testified  to  the  same.  Sworn,  June  26,  1676,  before  Daniel 
Denison.f 

fAutograph. 


1676]  RECORDS    AND    FILES  163 

of  a  case  tried  at  the  last  Ipswich  court.  Verdict  for  de- 
fendant. Appealed  to  the  next  Court  of  Assistants.  Said 
Woodbridge  bound,  with  Mr.  Dudly  Bradstreet  and  Ensign 
Tho.  Chandler  as  sureties.* 

*Writ,  dated  June  17,  1676,  signed  by  Dudley  Bradstreet, f 
for  the  court,  and  served  by  Joseph  Pike,t  constable  of  New- 
bery,  by  attachment  of  a  dwelling  house,  land,  shed,  ten  acres 
of  upland  between  Mr.  Jno.  Woodbridg's  and  Mr.  Perses  land, 
belonging  to  defendant,  also  his  part  of  the  bark  of  which 
Daniell  Lunt  is  commander,  sixteen  or  twenty  acres  of  marsh 
and  meadow,  eastward  of  and  near  Newbery  mill  at  the  little 
river,  six  or  eight  acres  between  Ant.  Morse's  house  and  Richard 
Brown's  pasture,  also  seven  cows,  a  dung-fork,  two  yokes 
and  a  chain  at  Capt.  Gerrish's  usual  dwelling  place,  a  cupboard, 
a  great  chair,  table  and  a  dog. 

Bill  of  cost,  4s. 

John  Knight  and  Thomas  Knight  deposed  that  there  were 
many  particulars  behind  for  which  Woodbridge  had  not  given 
the  Captain  credit,  and  upon  Woodbridge  demanding  what 
they  were,  John  Knight  replied  that  cousin  Thomas  Noyce's 
llli.  10s.  was  one  and  the  old  bark  of  Badger's  which  he  sold 
for  lOli.,  was  another  and  the  third  was  an  interest  in  Sterling's 
vessel,  all  of  which  Woodbridge  owned.  Thomas  Noyce  tes- 
tified that  the  llli.  10s.  was  to  be  paid  in  barley  at  his  father 
Peirce's,  etc.  Sworn,  26  :  4  :  1676,  before  Wm.  Hathorne,t 
assistant. 

Tristram  Coffine,  aged  forty-four  years,  testified  concerning 
the  accounts.     Sworn  in  court. 

Richard  Dole,  aged  fifty-two  years,  deposed  concerning  the 
ossenbrige  purchased,  etc.     Sworn  in  court. 

Daniel  Lunt,  aged  about  thirty-five  years,  testified  con- 
cerning taking  on  his  boat  to  Boston  ninety-eight  bushels  of 
malt  worth  3s.  6d.  per  bushel  which  he  delivered  to  Mr.  Thomas 
Woodbridg.  Sworn,  24  : 4  :  1676,  before  Wm.  Hathorne,t 
assistant. 

Ricd.  Dole,  aged  fifty-two  j^ears,  testified  concerning  dis- 
cussion of  the  account  at  Hugh  Marches  house.  Sworn  in 
court. 

Nicholas  Noyes  deposed.     Sworn  in  court. 

Henery  Tuckexbury,  aged  about  fifty  years,  deposed  that 
he  being  indebted  to  Capt.  Gerrish  for  51i.,  Woodbridge  de- 
sired him  to  work  about  a  "wessel"  which  he  had  building, 
he  agreed  to  pay  the  51i.  to  Gerrish,  etc.  Sworn,  26  :  4  :  1676, 
before  Simon  Bradstreet. f 

fAutograph. 


164  SALEM    QUARTERLY    COURT  [Juiie 

Mr.  Tho.  Woodbridg  v.  Capt.  Wm.  Gerrish.  Unjust 
molestation.     Verdict  for  plaintiff.* 

Jno.  Dole,  aged  about  twenty-seven  years,  deposed  con- 
cerning witnessing  the  payment  of  goods  by  Mr.  Woodbridge 
to  Capt.  Gerrish.     Sworn  in  court. 

Tristram  Coffin,  aged  forty-four  years,  deposed.  Sworn 
in  court. 

Caleb  Moody  deposed  that  by  order  of  Capt.  Gerish  he  paid 
malt  to  Goodman  Chease  of  Hamton,  boatman,  to  the  value 
of  20s.  or  30s.  for  freight  of  a  parcel  of  goods,  which  Gerish 
told  him  were  Woodbridge's  goods.  This  was  two  years 
ago  the  last  spring.  Sworn,  27  :  4  :  1676,  before  Wm.  Hath- 
orne,t  assistant. 

Richard  Dole,  aged  about  fifty-two  years,  deposed.  Sworn 
in  court. 

Hugh  March, t  aged  about  fifty-four  years,  deposed.  Sworn, 
26  :  4  :  1676,  before  Wm.  Hathorne,t  assistant. 

John  Atkisson,  aged  about  forty  years,  deposed  that  the 
malt  delivered  at  Boston  Avas  sold  by  Mr.  Woodbridge  to  Mr. 
John  Viall.t     Sworn  in  court. 

Richard  Dole,  aged  fifty-two  years,  deposed.  Mr.  Deane 
and  Mr.  Dudley  Bradstrect  mentioned.     Sworn  in  court. 

Joseph  Gerrish  testified  that  his  father  paid  him  36s.  in 
money  for  Mr.  Thomas  Woodbridge  which  he  said  Wood- 
bridge  owed  deponent  on  account  of  a  horse.  Sworn,  27  : 
4  :  1676,  before  Wm.  Hathorne,t  assistant. 

Moses  Gerrish,  aged  twenty  years,  deposed  that  Woodbridge 
had  31i.  of  powder  of  his  father,  etc.  Sworn,  26  :  4  :  1676, 
before  Wm.  Hathorne,t  assistant. 

Tho.  Woodbridge'sf  order  to  Capt.  Gerrish,  May  4,  1674, 
to  let  Goodman  Sawer  have  eight  thousand  shingle  nails  and 
two  thousand  board  nails,  and  Will.  Sayear'sf  receipt.  Sworn 
in  court. 

Tho.  Woodbridge'sf  order  to  Capt.  Gerrish,  May  2,  1674, 
to  let  Joshua  Boynton  have  1  M.  shingle  nails  and  1  M.  board 
nails.     Sworn  in  court. 

Nails  delivered  by  Wm.  Gerrish, f  on  order  of  Woodbridge, 
Mar.  1673-4,  to  Samuell  Mody,  Goodman  Somersby,  Joseph 
Bointon,  Wm.  Sayre,  Mr.  Pearce,  Thomas  Rogers,  Ensign 
Greinleife,  Mr.  Dumer,  John  Indian.     Sworn  in  court. 

Tho.  Woodbridge'sf  order  to  Capt.  Gerrish  to  let  Good- 
man Somerbee  have  3  M  shingle  nails  and  1  M  board  nails, 
with  Anthony  Somerby'sf  receipt.     Sworn  in  court. 

*Writ,   dated  June  17,  1676,  signed  by  Dudley  Bradstreet,f 

t  Autograph. 


1676J  records'  and  files  165 

John  Clifford  v.  John  Hoeman.  Debt.  Verdict  for  plain- 
tiff.* 

John  Clifford  v.  John  Legroe.  Debt.  Verdict  for  plain- 
tiff.    To  be  paid  in  fish.f 

for  the  court  and  served  by  Joseph  Pike,|  constable  of  New- 
bury. 

Thomas  Woodbridge's  bill  of  cost,  17s.  8d. 

Theophilus  Willson,  aged  about  seventy-five  j'^ears,  tes- 
tified that  about  eight  days  before  the  last  Ipswich  court 
Capt  Gerrish  arrested  Mr.  Woodbridge  for  slander  in  an 
action  of  l,0001i.,  and  not  giving  security  said  Woodbridge  was 
brought  to  deponent  who  was  keeper  of  the  prison,  and  was 
kept  imprisoned  eight  days.  Sworn,  June  26,  1676,  before 
Daniel  Denison.J 

John  Knight,  aged  fifty-one  years,  deposed  that  the  last 
spring  the  constable  of  Neubery  attached  a  parcel  of  iron  of 
Mr.  Woodbridge's  which  the  latter  shipped  aboard  Daniell 
Lunt's  boat.  Immediately  after  the  iron  was  attached, 
Capt.  Gerrish  sent  deponent  to  Woodbridge  to  tell  him  what 
iron  he  had  present  use  for  about  his  vessel  he  should  have, 
weighing  it.     Sworn  in  court. 

Joseph  Pike,  aged  about  thirty-seven  years,  testified  con- 
cerning serving  the  attachments,  the  first  time  on  two  tons 
which  proved  to  be  Mr.  Page's  etc.     Sworn  in  court. 

Joseph  Pike, I  aged  about  thirty-seven  years,  deposed  that 
he  weighed  out  for  Ensign  Greenleif  3001i.  of  the  iron  which 
he  delivered  to  Woodbridge's  men  who  were  employed  on 
the  vessel  now  called  Mr.  Dumer's,  etc.     Sworn  in  court. 

Stephen  Grenlef,  aged  about  forty-seven  years,  deposed 
that  the  constable  brought  the  iron  which  was  attached  to 
deponent's  shop,  etc.     Sworn  in  court. 

Major  Denison  and  Marshal  Lord  affirmed  in  court  that 
Woodbridge  was  put  in  prison. 

*Writ,  dated  June  15,  1676,  signed  by  Hilliard  Veren,J 
for  the  court,  and  served  by  Henery  Skerry, J  marshal  of 
Salem,  by  attachment  of  fish  in  piles  and  on  flakes. 

John  Clifford's  bill  of  cost,  Hi.  5s.  4d. 

Bond,  dated  Feb.  20,  1673,  given  by  John  (his  mark)  Homan 
to  John  Clifford  of  Salem,  for  31i.  9s.  8d.,  to  be  paid  in  refuse 
cod  fish.  Wit:  Jacob  AUinJ  and  Elizabeth  Allin.t  Sworn 
by  Jacob  AUin,  19  :  4  :  1676,  before  Wm.  Hathorne,t  assistant. 

fWrit,  dated  June  15,  1676,  signed  by  Hilliard  Veren,t  for 
the  court,  and  served  by  Henery  Skerry, t  marshalof  Salem, 
by  attachment  of  fish  in  piles  on  the   Island  and  on  flakes. 

JAutograph. 


166  SALEM    QUARTERLY    COURT  [June 

Maj.  Samuell  Apleton  v.  Oliver  Purchas.  Verdict  for 
plaintiff,  the  defendant  to  give  possession  of  the  Iron  works, 
land,  etc.,  according  to  mortgage.* 

John  Clerferd's  bill  of  cost,  Hi.  10s.  4d. 

Bond,  dated  Feb.  26,  1674-5  given  by  John  (his  mark) 
Loegro  of  Salem,  fisherman,  to  his  master  John  Clifford,  for 
lOli.,  and  in  consideration  of  a  maid  bought  of  his  said  master 
having  three  years  and  two  or  three  months  to  serve;  said 
Legro  was  to  pay  in  fish.  Wit:  John  Beckettf  and  Elizabeth 
Allin.f     Sworn  in  court. 

*Writ:  Maj.  Samuel  Appleton  of  Ipswich  v.  Oliver  Pur- 
chas; for  keeping  him  out  of  possession  or  refusing  to  yield 
him  possession  of  that  part  of  the  Iron  works  and  lands,  be- 
longing to  Mr.  John  Paine  of  Boston,  now  deceased,  which 
works  are  in  Lynn  and  now  the  property  of  said  Samuel,  by 
mortgage,  etc.;  dated  June  19,  1676;  signed  by  Robert  Lord,t 
for  the  court;  and  served  by  Robert  Lord,t  marshal  of  Ipswich, 
by  attachment  of  Indian  corn,  English  corn,  swine,  a  horse, 
mare,  yokes,  plow,  chain  and  timber  of  the  fortification,  etc. 

Demand,  dated  May  15,  1676,  of  Samuell  Appletoii,  jr., 
of  Ipswich,  one  of  the  legatees  of  his  grandfather  Mr.  William 
Payne  of  Boston,  merchant,  deceased,  who  bequeath  to  him 
SOOli.  by  will,  v/hich  sum  was  secured  by  John  Payne  of  Bos- 
ton, merchant,  executor  of  Mr.  William  Payne's  estate  by 
mortgage  of  the  Iron  works  at  Lj^n,  with  all  appurtenances, 
to  said  Samuel's  father,  Mr.  Samuell  Appleton  of  Ipswich,  in 
behalf  of  him,  who  had  now  reached  the  age  of  twenty-one 
years  and  now  desired  his  legacy  from  Mr.  Oliver  Purchase 
of  Lynn  who  was  now  in  possession  of  the  Iron  works,  etc. 
Wit:    Hugh  March,!  John  (his  mark)  Trask  and  John  Dodg.f 

Mr.  Samuell  Apleton's  bill  of  charges.  Hi.  15s. 

Lift.  Samuell  Appleton  and  Hanah  Paine  were  married 
Apr.  2,  1651.  Hannah,  daughter  of  Samuell  Appleton,  was 
born  Jan.  9,  1651;  Judeth,  their  daughter  was  born  Aug.  19, 
1653;  and  Samuell,  their  son,  was  born  3:9:  1654.  Copy 
from  the  vital  records  of  Ipswich  made,  June  24,  1676,  by 
Robert  Lord,t  recorder. 

Copy  of  mortgage  deed,  dated  Jan.  20,  1663,  given  by  John 
Paine  of  Boston,  merchant,  in  consideration  of  several  legacies 
amounting  to  1,500H.,  payable  according  to  the  will  of  "my 
Deare  father  William  paine,"  to  the  three  children  of  Samuell 
Apleton  of  Ipswich,  gentleman,  all  his  interest  in  the  Iron 
works  at  Linn,  except  the  wool,  coal,  ore,  sows,  pigs,  bar  iron, 
scales,  weights,  etc.     Wit:    Thomas  Danforth,  Joell  Tatooins, 

fAutograph. 


1676J  RECORDS    AND    FILES  167 

John  Brimblecom  v.  Mary  Kemball,  widow  and  adminis- 
tratrix of  her  late  husband  Henry  Kemball.  Debt.  Verdict 
for  plaintiff.* 

Mr.  Maxemillion  Gallop  [assignee  of  Wm.  Bartholmew.  — 
Waste  Book.]  v.  John  Barber.     Debt.     Verdict  for  plaintiff.f 

Caleb  Cheshehte  and  John  Evens.  Sworn,  Jan.  21,  1663, 
before  Daniell  Gookins.  Copy  made  by  Hilliard  Veren,t 
cleric. 

*Writ:  John  Brimblecomb  of  Marblehead  v.  Mary,  widow 
of  Henry  Kemble  of  Boston,  and  administratrix  of  his  estate; 
debt;  dated  at  Boston,  May  31,  1676;  signed  by  Edward 
Tyng,|  assistant;  and  served  by  Joseph  Webb,|  marshal  of 
Suffolk.     Bond  of  Mary  Kemble. J 

Bond,  dated  June  4,  1675,  given  by  Henry  Kemble§  of  Bos- 
ton to  John  Brimblecomb  of  Marvellhead,  fisherman,  for  121i. 
Wit:  Thomas  Kemblet  and  Samuell  Severans.|  Receipt, 
dated  Oct.  9,  1675,  for  61i.  of  the  foregoing,  signed  by  Phillip 
(his  mark)  Brimblecom,  for  his  father.  Wit:  John  DavesJ 
and  Marke  Round. 

Edward  Hoeman,  aged  about  thirty-five  years,  testified 
that  he  saw  Henry  Kemball  write  upon  the  back  side  of  the 
bill  the  amount  paid  in  part.     Sworn  in  court. 

Jno.  Brimblecomb's  bill  of  charges.  Hi.  Is.  8d. 

fWrit:  Maximilian  Gallop,  assignee  of  Wm.  Barthelmew  of 
Boston  V.  Jno.  Barbor,  bodicemaker;  debt;  dated  June  21, 
1676;  signed  by  John  Davenport, |  for  the  court;  and  served 
by  Returne  Waite.J  deputy  marshal.  Bond  of  John  Bar- 
ber|  and  Josiah  Cooper.  J 

Returne  Waite,  aged  thirty-four  years,  deposed  that  he 
saw  Barbar  pay  Gallop,  etc.  Sworn,  June  26,  1676,  before 
Edward  Tyng,J  assistant. 

Copy  of  bond,  dated  Dorchester,  Feb.  6,  1663-4,  given  by 
John  Barber  and  Hannah  (her  mark)  Barber  of  Dorchester, 
Dorset,  bodice-maker,  and  Hannah  Barber,  wife  of  said  John, 
"fully  resolueing  both  our  selues  &  fouer  of  our  children  to  take 
passage  this  season  on  the  ship  John  of  weymouth,  now  bound 
for  new  England  in  America,  &  haueing  not  at  p''sent  where- 
withall  to  satisfie  for  our  seuerall  passages  ere  wee  goe  hence," 
to  Maximillian  Gallop  of  Dorchester,  merchant,  "who  goes  on 
the  s''  shipp,"  for  301i.,  in  New  England  money  or  fish,  to  be 
paid  within  fifteen  days  after  arrival,  at  the  house  of  Mr.  John 
Croade,  merchant,  in  Salem.  Wit:  John  Cole  and  Thomas 
Meggs.  Max.  Gallop  assigned  this  bond,  21  : 9  :  1674,  to 
Anthony  Chickley.     Wit:    John  Tamor.     Anthony  Checkley 

J  Autograph.  §  Autograph  and  seal. 


168  SALEM    QUARTERLY    COURT  [June 

John  Legg  took  the  oath  of  a  sealer  and  searcher  of  leather 
for  the  town  of  Marblehead. 

John  Millett  was  sworn  constable  of  Gloster. 

Administration  upon  the  estate  of  George  Gettings  (also, 
Geddings)  was  granted  to  Jane,  the  relict,  who  was  ordered 
to  bring  in  an  inventor}^*  to  the  next  Salem  court. 

reassigned  the  foregoing  assignment,  Jan.  19,  1675  to  Maxa- 
million  Gallop.  Wit:  Returne  Waite.  Max.  Gallop  assigned 
the  amount  of  the  bond  not  paid,  Apr.  14,  1676,  to  William 
Bartholmew.  Wit:  Jno.  Couper  and  Jno.  Butler.  William 
Bartholmew  assigned  the  assignment,  June  19,  1676,  to  Max- 
amillian  Gallop.  Wit:  Jno.  Greene  and  Returne  Waite. 
Receipts  given  by  Max.  Gallop  for  payments.  Copy  made  by 
Hilliard  Veren,t  cleric. 

*  Inventory  of  the  estate  of  George  Giddings,  late  of  Ipswich, 
appraised  June  19,  1676  by  John  Whipple,  sr.,t  Henry  Benetf 
and  Nathaniell  Wells  :t  his  waring  Clothes,  wollin  &  Linon, 
71i.;  money  &  platte,  41i.  10s.;  housing  with  Comonidg,  601i.; 
in  the  parlor,  a  beed  sted  with  a  fether  beed  &  what  belongs 
to  it,  llli.;  cubbord  with  drawers,  21i.  10s.;  table,  two  chayers 
4  cushins,  Hi.  18s.;  boxe,  one  baskit,  truncke,  12s.;  6  yds. 
of  Cloth,  Hi.  10s.;  more  of  the  same,  7s.  6d.;  pewter,  41i.; 
a  table  cloth  &  6  napkins.  Hi.;  two  payer  of  pillowbeers,  two 
towels,  tablecloth,  Hi.  6s.;  one  payer  of  sheetes.  Hi.;  fower 
payer  of  sheets,  small  table  cloth,  Hi.  10s.;  3  payer  of  pillow 
beers  with  other  linen.  Hi.  10s.  6d.;  beedsted  with  a  fetherbeed 
&  three  blankits,  71i.  10s.;  an  old  table,  one  old  chest,  5s.; 
trundle  beed  with  what  belongs  to  itr,  21i.  15s.;  sheeps  wooll, 
1401b.,  71i.;  flax,  yerne  &  flaxe  with  som  tooe,  Hi.;  old  tubes, 
2s.  6d.;  10  bush,  of  Indian  Corne,  2  bush  of  malt,  21i.  3s.; 
3  sackes,  one  bush,  of  wheat,  12s.  6d. ;  one  sadle  and  bridle 
&  pilion.  Hi.  4s.;  tubes  &  Keelers,  Hi.;  pailes,  trayes,  other 
wood  dishis.  Hi.  Is.;  old  Cubbard,  10s.;  smalle  table  &  4 
Chayers,  10s.;  a  Copper,  one  cetle,  2h.  5s.;  two  Iron  potes, 
Hi.  7s.;  two  tramels,  two  payer  of  pott  hooks,  lis.;  an  Iron 
barr,  payer  of  Andjrons,  16s.;  slice,  paire  of  tonges,  4s.;  mor- 
ter  &  two  sciUits,  10s.;  tin  ware,  10s.;  one  worming  pann, 
one  payer  of  belis,  7s.  6d.;  one  smothing  Iron,  with  heaters, 
3s.;  Chespres,  8s.;  gridiron,  lis.;  two  spining  wheels  with 
cardes,  lis.;  Ches  moats  &  sives  &  spits,  13s.  6d.;  powdering 
tub,  two  barrels,  7s.  6d.;  a  Cherne,  a  runlit,  7s.;  bookes,  2h. 
seed  plow,  9s.;  two  Chaires,  two  yoacks  with  Irons,  19s. 
Cart    &    wheeles  with    spanshakle,   21i.;    beetle   with    ringes 

fAutograph. 


1676]  RECORDS    AND    FILES  169 

Tho.  Kemboll  being  slain  by  the  Indians,  administration 
upon  his  estate  was  granted  to  Mary,  the  relict,  who  was 
ordered  to  bring  in  an  inventory  to  the  next  Ipswich  court. 

Elyas  Henly  was  appointed  administrator  of  the  estate  of 
Peter  Baroone,  who  was  slain  in  the  war  against  the  Indians, 
and  was  ordered  to  fulfill  the  mind  and  will  of  deceased  as  ex- 
pressed in  that  writing  given  in  and  proved  as  his  act  and 
deed.* 

Vinson  Stilson,  jr.,  being  complained  of  for  abusive  and 
uncivil  carriages  toward  Elizabeth,  wife  of  Charles  Gibbs,  the 
latter  asked  for  trial  by  jury.  The  jury  found  said  Stilson 
guilty  of  great  incivility  to  divers  women  and  he  was  fined. f 

Nicholas  Pickett  and  Damoris  his  wife,  presented  for  for- 
nication before  marriage,  were  to  be  whipped  or  pay  a  fine. 

[Bartholmew  Foster,  for  going  in  his  boat  on  the  Lord's  day 
loaded  from  the  head  of  the  little  river,  -was  fined.  —  Waste 
Book.] 

Marra  Hathorne,  presented  for  fornication,  was  sentenced  to 
be  whipped  or  pay  a  fine. 

5  wedgis,  one  axe,  14s.;  9  Cows  &  3  hayfers,  361i.;  thre  two 
yer  old  hayfers,  4  oxen,  271i.;  one  yearling,  6  Calves,  31i.  10s,; 
60  sheep,  40  Lames,  271i.;  one  hors,  3  maares,  one  year  old, 
coult  &  two  foales,  81i. ;  6  swine,  41i. ;  poark,  backen  &  cheese, 
butter,  31i.  10s.;  152  accers  of  Land,  760U.;  6  accers  of  march 
at  Plom  iland,  121i.;  total,  102111.  12s.  6d.  Debts  owing  from 
the  estate,  241i. 

*Inventory  of  the  estate  of  Peter  Barron,  appraised  Nov. 
26,  1675,  by  Nathanel  WaltonJ  and  James  Dennes:|  one  was- 
cotte,  pare  of  breshes  &  Jakett  of  stufe,  21i. ;  a  pare  of  ould  stuf e 
briches  &  2  pare  of  wolling  drayers,  7s.  6d.;    ould  carsy  cotte 

6  breshes  &  one  wascot  of  penestone,  16s.;  one  hatte  &  cape, 
4s.;  2  fishing  Linnes,  4s.;  one  pare  of  stockins  &  gloves,  3s.; 
two  long  neckcloth  &  hancershers,  9s.  6d.;  one  winter  shirt 
&  drayers,  14s.;  2  cors  shirts  &  one  ould  pare  Drayers,  10s.; 
one  green  ruge  &  one  blankett.  Hi.  8s.;  one  cheast,  5s.;  mony 
sellver,  31i.  7s.;  total,  lOli.  8s.  Debts  due:  to  vini  vinson, 
17s.;  to  Mr.  William  Browne,  sr.,  IH.  16s.;  to  Cristopher 
Lattemore,  Hi.  12s.;   to  John  Furbush,  15s.;   total,  51i. 

fCharles  Gibs'  bill  of  cost,  fees  to  witnesses,  Joan  Roads, 
EHzabeth  Smith,  Sarah  Roads,  Rebeckah  Hewett,  etc.,  2H. 
4s.  9d. 

{Autograph. 


170  SALEM    QUARTERLY    COURT  [Juiie 

Rebecka,  wife  of  Robert  Ingolls,  presented  for  fornication 
before  marriage,  was  sentenced  to  be  whipped  or  pay  a  fine. 

Court  gave  judgment  upon  the  settlement  of  the  estate  of 
Capt.  Thomas  Lothrop,  of  which  Bethiah,  the  widow,  was 
administratrix,  being  moved  by  the  petition  of  Mr.  Ezekiell 
Cheevers,  as  follows:  that  all  the  estate  remain  in  the  widow's 
hands  during  her  life;  after  her  decease,  the  farm  called  Maj. 
Hathorn's  to  be  Sara  Gott's;  the  housing,  ten  acre  lot  and 
appurtenanc,  after  the  widow's  decease,  to  be  for  the  use  of 
the  ministry  in  Beverly  forever;  that  the  debts  and  legacies 
were  to  be  paid,  and  the  lands  and  meadows  expressed  in 
the  inventory,  being  understood  to  be  the  lands  in  the  woods, 
after  the  decease  of  the  widow,  were  to  be  given  to  Ellenor, 
wife  of  Mr.  Eze.  Cheevers  and  her  heirs;  the  rest  of  the  estate 
to  be  sold  for  the  benefit  and  disposal  of  the  said  Bethia. 

Upon  further  consideration,  court  found  that  Capt.  Lothrop 
intended  the  legacies  of  401i.  bequeathed  to  Noah  Fisk  and  the 
four  youngest  children  of  Joshua  Rea  should  be  paid  out  of 
the  land  in  the  woods  towards  said  Rea's  farm,  which  is  part 
of  that  land  assigned  by  the  court  to  Mr.  Cheevers.  It  was 
therefore  ordered,  with  the  consent  of  Mr.  Grafton  and  his 
wife,  the  relict  of  the  said  Capt.  Lathrop,  that  Mr.  Cheevers 
should  have  present  possession  of  all  the  lands  formerly  al- 
lotted to  him  by  this  court,  excepting  only  the  land  in  Beverly 
belonging  to  and  now  used  with  the  house  there,  said  Cheevers 
paying  the  legacies  of  401i.;  also  that  what  disbursements 
should  be  laid  out  upon  the  house  and  land  in  Beverly  by 
Mr.  Grafton,  should  be  repaid  by  the  said  town  to  whom 
the  house  and  land  were  given,  after  the  death  of  Mrs.  Grafton. 
This  judgment  was  to  be  submitted  to  the  General  Court 
for  approbation. 

Administration  upon  the  estate  of  Tho.  Allexander,  who 
was  slain  in  the  war,  M-as  granted  to  Samuell  Ebborne,  sr., 
who  brought  in  an  inventory*  which  was  allowed. 

^Account  of  what  Thomas  Alexander  left  in  Salem  when 
he  was  pressed  away  with  Captain  Lathopp  upon  the  coun- 
try's service,  appraised  June  30,  1676,  by  John  Loonies  and 
William  Traske,  and  allowed  30:4:1676,  in  court:  six 
bushell  of  come,  18s.;   due  from  John  Mecarter,  10s.;   a  young 


1676]  RECORDS    AND    FILES  171 

Remember  Samons  being  bound  over  to  this  court  to  answer 
for  committing  fornication,  confessed  and  charged  Thomas 
Greene  with  the  act,  and  was  ordered  to  be  whipped. 

Thomas  Greene  bound  over  to  this  court,  denied  the  fact, 
but  was  adjudged  the  reputed  father  of  the  child,  lately  born 
and  was  ordered  to  pay  for  the  maintenance  of  the  child  in 
corn  at  3s.  per  week.* 

Mr.  Thaddeus  Riddan  had  license  granted  him  to  keep  a 
pubHc  house  of  entertainment  to  sell  beer,  wine  and  cider.f 

Capt.  Richard  More  had  his  former  license  renewed  that 
was  granted  him  at  Ipswich,  with  this  addition,  to  sell  wine  to 
strangers  only. 

Upon  Wm.  Curtice's  complaint  against  Tho.  Preston,  the 
parties  concerned  were  to  be  summoned  to  appear  at  the 
adjournment,  Goodman  Holt,  Tho.  Preston  and  his  brother. 

horse,  Hi.  10s.;  another  very  good  horse  prest  upon  the  coun- 
trey  service,  31i.;  eight  yards  of  irish  cloth,  12s.;  a  coat,  7s.; 
3  shirts  &  2  pair  of  drayrs,  7s.;  3  coats,  5s.;  one  capp.  Is. 
6d.;  due  to  him  for  his  time  in  the  country  service.  Hi.  16s.; 
3  old  horse  shoes,  Is.;   total,  91i.  7s.  6d. 

*Christopher  Waller,  aged  about  fifty-six  years,  deposed 
that  upon  a  lecture  day  he  went  into  the  house  of  Benjamin 
Felton  to  speak  with  him,  but  both  he  and  his  wife  were  gone 
to  the  meeting.  Deponent  saw  there  Thomas  Green  sitting 
by  the  bedside  smoking  tobacco,  also  Remember  Salmon  and 
Elisabeth  Felton  who  went  in  immediately  before  him.  When 
lecture  was  ended  he  went  in  again  and  found  them  still  there. 
Sworn,  22  :  9  :  1675,  before  Wm.  Hathorne,|  assistant. 

Elizabeth  Felton,  aged  twenty-one  years,  deposed  that 
she,  going  into  her  uncle  Benjamin  Felton's  house  to  inquire 
for  a  pair  of  shoes  left  there  for  her,  saw  Thomas  Greene  and 
the  widow  Salmon,  her  mother  and  father  having  both  gone 
to  the  meeting.  Sworn,  22  :  9  :  1675,  before  Wm.  Hath- 
orne,t  assistant. 

Elizabeth  Kitchen,  aged  fifty-three  years,  and  Rebecka 
Downton,  aged  forty-five  years,  deposed  that  they  were  with 
Remember  Samons  when  her  last  child  was  born  and  she 
declared  that  Thomas  Greene  was  the  father  of  it,  etc.  Sworn, 
1:5:  1676,  before  Wm.  Hathorne,t  assistant. 

t Moses  Mavericke,!  Richard  Reith  and  William  Beale,| 
selectmen  of  Marblehead,  June  26,  1676,  granted  the  license 
upon  request  of  Mr.  Thaddeus  Riddan. 

JAutograph. 


172  SALEM    QUARTERLY    COURT  [June 

Humphry  Woodbery  was  licensed  to  sell  wine  at  retail  out 
of  doors.* 

Administration  upon  the  estate  of  Hen.  Coleborne  was  grant- 
ed to  Sara  Coleborne,  the  relict,  who  brought  in  an  inventory. f 

Several  of  the  constables  of  Salem  complaining  that  there 
were  several  persons  in  their  town  so  very  poor  that  they 
were  not  able  to  pay  their  rates,  court  advised  that  the  select- 
men take  care  that  their  country  rates  be  made  good  without 
rating  such  as  are  not  solvent. 

Henry  Jackman,  complained  of  for  living  from  his  wife 
in  an  uncivil  and  disorderly  way,  was  admonished  for  attempt- 
ing to  marry  and  ordered  to  return  speedil}^  to  his  wife  upon 
the  penalty  which  the  law  requires. J 

*John  Rayment,  sr.,§  Samuell  Corning§  and  Peter  Wood- 
bery,! selectmen  of  Beverly,  July  12,  1676,  approved  the  re- 
quest of  Humphry  Woodbarey. 

tinventory  of  the  estate  of  Henry  Colburne,  appraised  June 
26.  1676,  by  Richard  Croade§  and  Henry  West,  and  allowed 
30  :  4  :  1676  upon  oath  of  the  widow  Sara:  a  bed,  being  an 
old  bed  &  but  half  feathers,  a  coverled  &  blanket  well  worne, 

1  pr.  of  sheetes,  4  old  pillowes,  an  old  sett  of  Curtains  &  val- 
lents  &  ye  bedsteed  very  little  worth,  31i.  10s.;  a  Trundle 
bed  being  a  straw  bed  with  ye  old  Rugg  &  Blankett  &  ye  other 
Small  matter  belonging  to  it,    15s.;    5   old  pillowbeers,   5s.; 

2  paire  of  sheetes  well  worne,  Hi.;  one  Table  cloth  above  half 
worne  out,  2s.;  one  chest,  8s.;  an  old  Trunke,  3s.;  an  old 
warming  pan,  an  old  kettle  &  an  old  skillett,  12s.;  Iron  pott 
&  pott  hangers,  fire  shovell  &  a  broken  paire  of  Tongs,  a  grid 
Iron,  an  old  pr.  bellowes  &  Fryeing  pan,  13s.;  old  beare  ves- 
sell,  3  Tubbs  &  a  Little  salt  beefe,  6s.;  3  qrt.  earthen  Juggs, 
2  old  Candlesticks,  2  old  pewter  potts,  a  Little  old  pewter  & 
old  Jarr,  5s.;  4  Small  pewter  platters,  10s.;  2  earthen  platters, 
2s.;  an  old  Cubbard,  2  Joyne  stooles  &  an  old  Table,  5s.,  an 
old  cradle,  2  old  Sea  chests,  &  4  or  5  old  chaires,  4s.;  2  old 
Sives  &  a  little  old  Woodden  ware,  3s.;  an  old  hatchet  &  2 
henns,  2s.;  debts  owing  from  Henry  Frend,  10s.,  Richard 
Richards,  4s.;  Wm.  Shaw,  2s.;  Nathaniel  Felton,  Is.  6d.; 
total,  lOli.  2s.  6d.  "What  my  husband  carried  with  him  to 
Virginea  but  it  being  I  am  sure  ye  most  of  his  estate  I  cannot 
giue  acct.  of  Neither  can  I  giue  an  Exact  acct.  of  what  my 
husbands  debts  are." 

JEdward  Peggey,  aged  about  thirty  years,  deposed  that  he 

§Autograph. 


1676]  RECORDS    AND    FILES  173 

Court  being  informed  that  Mary  Knights  of  Manchester 
was  very  poor  and  herself  and  children  were  in  great  need, 
it  was  ordered  that  the  committee  of  militia  of  Beverly  and 
the  selectmen  of  Manchester  forthwith  take  care  that  they 
ma}^  be  relieved  and  not  suffer. 

[George  Borland  had  his  license  granted  to  sell  beer  and 
cider  to  travellers.  —  Waste  Book.] 

Theophilus  Bayly,  EUinor  Hollingworth  and  Richard  Nor- 
man had  their  licenses  renewed  for  keeping  an  ordinary. 

Steephan  Haskett,  Mr.  Jon.  Higgenson,  Mr.  Moses  Maverick, 
Mr.  William  Browne,  jr.,  Capt.  John  Corwin,  Mr.  John  Gedney, 
Mr.  Timothy  Lindoll,  Mr.  Wm.  Bowditch  and  Mr.  Samll. 
Ward   had  their   licenses  for   drawing  strong  water   renewed. 

Mr.  John  Hathorne  and  Mr.  Christopher  Lattamore  had 
their  former  licenses  renewed. 

Daniell  Cleark  of  Topsfeild  was  licensed  to  keep  a  public 
house  of  entertainment  for  the  ensuing  year. 

Joseph  King  being  slain  in  the  wars  against  the  Indians, 
administration  upon  his  estate  was  granted  to  Mr.  John  Ruck, 
who  brought  in  an  inventor}^*  which  was  allowed. 

being  bound  for  England,  Henery  Jackman  "desired  me  to 
carey  a  Letter  for  him  to  his  wife  which  acording  to  his  desire 
i  ded  and  when  I  came  to  deliuer  it  to  y^  wife  of  Henery  Jack- 
man  shee  asked  me  how  hur  husband  did  taking  up  a  Littell 
Child  into  her  aremes  saing  though  my  hosband  is  ashamed 
of  me  he  nede  not  bee  ashamed  of  his  Child  with  manej^  other 
wordes  to  that  purpos  and  she  desired  me  to  carry  hur  a  Letter 
to  hur  husband  wich  this  deponent  did  and  deLiuerd  it  to 
him  then  I  was  informed  that  he  kept  Compeney  Avith  y^ 
dafter  of  goodman  Stanton  that  Liueth  at  brushe  hille  I 
went  to  his  hous  and  tould  y''  maid  that  Henery  Jackman  was 
a  maried  man  in  England  She  semed  to  me  to  be  troubled 
wishing  that  she  had  neuer  seene  him  and  since  y^  deponent 
see  y^  aboue  said  Henery  in  person  and  bought  a  saruant  maid 
of  dockter  waldon  of  boston  and  it  was  reported  that  he  bought 
hur  with  an  intent  to  marey  hur  I  hearing  of  it  went  to  him 
and  tould  him  that  I  would  acquaint  the  magstraits  ore  Gou- 
fernor  with  it  and  I  haue  not  senn  him  since  tell  this  very  day 
seing  him  by  accedent  I  called  to  him  and  he  w^ould  giue  me 
no  answar  but  after  wardes  he  came  to  M''  Gedneys  where 
I  was  I  asked  him  wether  he  was  maried  he  answared  that  it 
may  be  hee  v/as  or  to  that  porpos."     SMorn  in  court. 

^Inventory  of  the  estate  of  Joseph  King,  who  was  slain  with 


174  SALEM    QUARTERLY    COURT  [June 

Richard  Sibly  dying  intestate,  administration  upon  his 
estate  was  granted  to  Hanna,  the  relict,  who  made  oath  to 
the  inventory*  brought  in.  She  was  to  pay  to  the  seven 
children,  Samuell,  Hana,  Sara,  Damaris,  John,  Mary  and 
Elizabeth,  31i.  each,  at  age  or  marriage,  Samuell  to  have  a 
double  portion,  the  house  and  ground  to  be  security. 

Capt.  Lawtrup  in  the  wars  against  the  Indians,  taken  13  : 
4  :  1676  by  Hilliard  Veren,  sr.f  and  John  Rucke,  sr.,t  and 
allowed  30  :  4  :  1676,  upon  oath  of  Mr.  John  Ruck:  one  ould 
Cloath  Coate,  10s.;  2  pair  of  shoues,  9s.;  3  pair  of  women 
drawrs,  7s.;  a  large  wascote  &  Briches  Worne,  16s.;  Coate 
&  Briches  of  stuf,  21i.;  2  Colard  &  1  white  neckcloth,  A  hank- 
echer,  1  pr.  glovs,  a  card  buttens  &  2  yds.  Inkle  &  a  feue  to- 
baco  pipes,  5s.;  hatt,  5s.;  3  pair  ould  stockens,  4s.;  lOli. 
Tobacco,  4s.  4d.;  1  pair  pocketts,  6d.;  6  shirts,  15s.;  2  pair 
wore  Cloth  Briches,  12s.;  2  wascoats,  10s.;  4  Rubstons,  12d.; 
1  pair  ould  drawes,  12s.;  cash,  22s.;  2  chests,  8s.;  3  ould 
seithes,  4s.  6d.;  due  from  the  widow  Spooner  for  work,  21i. 
10s.;  total,  91i.  4s.  2d.  Due  from  the  country  for  the  time 
he  was  out  upon  the  service  with  Captain  Lawtrup,  6  weeks, 
and  3  dayes  at  6s.  per  week.  Hi.  18s.  6d.  Debtor  for  his  diet 
had  of  the  widow  Spooner  for  40  weeks  at  4s.  per,  81i. 

*Inventory  of  the  estate  of  Richard  Sibley,  allowed  30  :  4  : 
1676,  upon  oath  of  the  widow:  dwelling  house  and  barn  with 
the  Ground  belonging  to  it,  601i. ;  two  feather  beds  w'*"  Cloths 
belonging  to  them,  81i.;  Bedsteds,  18s.;  one  hat  &  wearing 
Apparell,  31i.  2s.  6d.;  pewter,  14s.;  earthen  ware,  5s.;  Brass, 
skellets,  worming  pan  &  spoons,  14s.;  Glasses,  2s.;  two  old 
selves,  a  frying  pan  &  Smothing  Iron,  6s.;  two  Iron  pots,  14s.; 
one  Iron  Ketle,  14s.;  two  Ruggs,  15s.;  a  pr.  of  Andiarns,  8s.; 
fire  shovell,  tongs,  hakes,  pot  hooks  &  Gridiron,  Hi.  3s.,  spitt, 
2s.;  3  saws,  8s.;  pr.  of  Bellows  &  a  pail,  2s.;  five  old  Axes, 
lis.;  two  drawing  knives  &  two  round  Shaves  and  a  hollow- 
ing tool,  10s.;  two  old  ladders  &  Meal  vessells,  5s.  6d.;  two 
adsess,  7s.;  two  Smal  frows,  2s.;  two  bigger  frows,  3s.;  one 
Auger,  2s.;  &  three  hammers,  4s.;  paire  of  Chezells  &  Goudge, 
4s.;  a  hollowing  tool  &  pincers,  4s.;  three  old  hoes,  3s.;  6 
old  chaires,  6s.;  looking  Glass,  2s.;  one  Winscot  chest,  15s.; 
another  chest  &  box,  12s.;  an  old  Trunke,  3s.;  two  spining 
wheels  &  a  p  of  cards,  10s.;  smal  table,  4s.;  an  old  smal  bed 
&  Covering  &  pillows,  20s.;  five  sheets,  24s.;  parcel  of  house 
lining,  16s.;  6  pound  of  yearn  at  2s.  p  pound,  12s.;  5  pound 
of  cotten  woll,  3s.  9d.;    9  pound  of  flax,  6s.  9d.;    3  pound  of 

t  Autograph. 


1676]  RECORDS    AND    FILES  175 

Mr.  Edmund  Batter,  administrator  of  the  estate  of  Abell 
Oseer,  swore  to  the  inventory*  which  he  brought  in,  and  was 
ordered  to  pay  the  remainder  of  the  estate  after  the  bills  were 
paid  to  the  brother  of  the  deceased,  John  Oseef  (also,  Osuf), 
who  acknowledged  satisfaction. 

John  Silsby  dying  intestate,  Bethia,  the  relict,  was  appointed 
administratrix,  and  she  made  oath  to  the  inventoryf  which 
she  brought  in.  She  was  ordered  to  pay  to  her  son  John,  201i. 
at  age,  and  the  house  was  to  be  given  for  security. 

Elizabeth  Pickman,  relict  of  William  Pickman,  was  appointed 
administratrix  of  her  husband's  estate  and  made  oath  to  the 


woolen  yearn,  6s.,   and  a  brish,   6d.;    2  Bed  Curtains,    10s.; 
one  Cow  &  a  heifer,  51i.  10s. ;   total,  941i.  Is. 

*Inventory  of  the  estate  of  Abell  Osier,  who  was  slain  in 
the  fight  with  the  Indians,  taken  by  Simon  HorneJ  and  Wil- 
liam Ropes,t  and  allowed  28  :  4  :  1676  upon  oath  of  Mr.  Ed- 
mond  Batter:  serdge  suet  &  fustian  drawers,  21i.;  shirt  & 
other  linen,  7s.;  2  p  gloves,  2s.,  &  old  stocking,  12d.,  3s.; 
1  Bible,  2s.;  knife  &  Inckhorne,  6d.;  20  bisket,  16d.;  Chest, 
4s.;  carpenters  Tools,  4s.;  total,  3li.  Is.  lOd.  To  worke  don 
for  the  new  meeting  house  for  Mr.  Nicolet,  51i.  Is.  6d.  Debts, 
to  Mr.  Phill.  Cromwell,  41i.  6s.  6d.;  Rats  pd.  to  Constable 
Marsten,  Hi.  3s.;  Symon  Home,  Hi.  10s.;  to  Jno.  Norman, 
2s.;    total,  61i.  Is.  6d. 

flnventory  of  the  estate  of  John  Silsby,  taken  June  26, 
1676  by  Hilliard  Veren,  sr.,t  and  Edmond  Feveryeare,t  and 
allowed  30  :  4  :  1676,  upon  oath  of  Bethiah,  the  widow:  dwel- 
ling house  with  ground  belonging,  oOli.;  fether  bed,  rug,  cur- 
tains, bedsted,  5H.;  2  pr.  sheetes,  20s.;  1  doz.  napkins  &  6 
towells,  Hi.  15s.;  3  shirts,  12s.;  3  pc.  old  linen  drawers,  5s.; 
3  pr.  pillow  beers,  5s.;  a  carpett,  15s.;  4  pr.  old  &  1  pr.  new 
stockens,  10s.;  2  pr.  old  cards,  3s.;  wearing  apparrell,  50s.; 
a  hatt,  4s. ;  5  old  neckcloath,  2s.  6d. ;  3  chests,  20s. ;  marrenrs 
Instruments  &  callender,  14s.;  6  flag  chaires,  6s.,  a  cradle, 
5s.,  a  stoole  table,  30d.,  13s.  6d.;  1  pr.  tonges,  fire  pan,  hake, 
5s.;  Iron  pott,  5s.;  Skillett,  3s.;  pewter,  6s.;  earthware,  2s.; 
spoones,  trenchers  &  lumber,  3s.;  glasses  &  an  old  case,  2s.; 
Corne,  24s.;  a  box  Iron,  2s.;  a  gun  &  sword,  20s.;  3  baskett, 
2s.;  a  bible  &  2  old  bookes,  5s.;  the  estate  is  creditt,  18s.; 
a  Cow,  50s.;  5  sheepe  &  2  lambs,  45s.;  a  mare,  20s.;  more 
on  sea  bede  &  Covering,  10s.;  total,  741i,  16s.  The  estate  is 
Dr.  211i. 

{Autograph. 


176  SALEM    QUARTERLY    COURT  [June 

inventory  which  she  brought  in.  She  was  ordered  to  pay  to 
her  son  William  40s.  at  the  age  of  twenty-one  years.* 

Samuell  Pickworth,  being  slain  in  the  wars  against  the 
Indians,  administration  upon  his  estate  was  granted  to  Sara 
his  wife,  who  made  oath  to  the  inventory  brought  in.  She 
was  ordered  to  pay  to  Samuell  Pickworth,  son  of  the  deceased, 
lOli.,  and  to  the  other  children,  Sara  and  Hana,  51i.  each,  at 
age  or  marriage,  the  house  and  ground  to  be  security. 

Willf  and  inventoryf  of  John  Kitchen,  deceased,  were  proved 
and  allowed. 

^Inventory  of  the  estate  of  William  Pettmand,  taken  June 
2,  1676  by  Robt.  Glanfiell§  and  John  Sanders§,  and  allowed 
27  :  4  :  1676  upon  oath  of  Eliza,  the  relict:  one  old  fether 
Bead  &  Boulster  &  one  Pelo  &  to  old  Blankets,  Hi.  5s.;  three 
pr.  of  sheets,  31i. ;  five  Pello  drawers  &  fower  napkins,  15s.; 
small  parcell  of  Linnin,  5s.;  sutt  of  aparall  of  his,  21i.;  two 
sharts  &  three  neck  cloths,  10s.;  parcell  of  old  Sea  Clothes, 
Hi.;  Chest  &  Box,  10s.;  1-2  Boz.  of  Chairs,  7s.  6d.;  small  ta- 
bell,  5s.;  parsell  of  Earthen  ware,  7s,;  1-2  Doz  of  bottls,  2s.; 
an  old  muscket  &  Rope,  15s.;  sea  Chest  &  three  hamars  & 
to  Chizels,  10s.;  old  peuter  platters,  six  poringers  and  Little 
bason,  one  Drincking  Cup  1-2  doz  Spuns,  15s.;  tinnin  poringrs, 
one  bras  Candel  sticke.  Is.  6d.;  cash,  5s.;  one  Iron  pott  & 
skellet  &  gred  Iron,  8s.;  mony,  Hi.  10s.;  small  prcell  of  Land, 
being  twelve  pol  or  rod,  61i.  6s.  Debtr  to  John  Cromwell,  21i. 
4s.  3d. 

fWill  of  John  Kitchin,§  dated  Dec.  20,  1675,  proved  by 
Samuell  Shattock  who  affirmed  and  Abraham  Cole  who  made 
oath  30  :  4  :  1676  in  Salem  court:  "I  doe  bequeth  My  dwel- 
ling house  &  land  belonging  to  it  and  about  an  Acre  of  Salt 
Marsh  by  Castill  hill  unto  my  Vv'ife  dureing  her  life  time  & 
to  my  Son  Robert  after  her  decease  Secondlj^  I  doe  giue  & 
bequeth  My  Orchard  and  Ground  behind  it  vnto  My  Son 
Robert  Kitchen:  prouided  y*  y*"  one  halfe  of  y^  produce  of 
both  be  for  my  wifes  use  &  to  her  dispossall  dureing  her  life 
Thirdly  as  for  y^  rest  of  My  estate  i  giue  to  my  wife  to  be  for 
her  use  dureing  her  life  time  &  after  her  decease  to  be  dispossed 
of  to  y^  rest  of  my  children  fouerthly  i  doe  by  this  My  will 
Make  my  wife  &  My  Son  Robert  kitchen  exseccetrice  and 
exseccetor."     Wit:    Samll.  Shattocke§  and  Abraham  Cole.§ 

Jlnventory  of  the  estate  of  John  Kitchin  taken  May  30, 
1676  by  Edward  Flint§  and  Richard  Croade,§  and  allowed  30: 
4  :  1676  upon  oath  of  Robt.  Kitchin:    A  dwelling  house  &  a 

§Autograph. 


1676]  RECORDS    AND    FILES  177 

Joseph  Smale  dying  intestate,  Lidea,  the  widow,  was  ap- 
pointed administratrix  of  his  estate  and  made  oath  to  the  in- 
ventory.* She  was  ordered  to  pay  201i.  to  EHzabeth,  the 
child,  at  age  or  marriage,  and  the  land  was  to  stand  as  se- 
curity. 

Small  Barne  with  the  Land  upon  wch  the  said  howse  &  barne 
stands  being  by  Estimation  about  a  qrtr.  of  an  acre,  16011.; 
Orchard  &  another  ps.  of  Land  adjoyning  to  it  being  in  whole 
about  Two  acres  of  Land,  601i.;  about  an  acre  of  Salt  marsh 
lyeing  in  -the  Sowth  field  neer  Castle  hill,  71i.;  one  Cow,  31i.; 
a  mare,  31i.  In  the  parlor  his  Lodgeing  roome  the  goods  there, 
a  Feather  bed  &  Furniture,  llli.;  Trundle  bed  being  likewise 
a  Feather  &  Furniture,  41i.;  cubbard,  Table  &  Joyne  stooles, 
2U.;  Small  Table  &  2  Carpetts,  Hi.  5s.;  Chest,  box  &  a  little 
Forme,  15s.;  pr.  of  cast  dog  Irons,  10s.;  Case  of  Bottles,  4s.; 
7  chaires,  15s.;  glass  Bottles  &  small  cups  &  a  small  pes  of 
silver  plate,  cushen  &  cubbard  cloth  on  the  Cubbards  head. 
Hi.  5s.;  his  wearing  Apparrell,  201i.;  3  bibles  &  some  other 
bookes,  Hi.  In  the  parlor  Chamber,  Feather  bed  &  furniture, 
181i.;  Trundle  bedsteed,  6s.;  3  blanketts,  Rugg  &  Coverled, 
21i.  10s.;  Cubbard  with  the  Furniture  in  it,  31i.;  Table  &  6 
Joyne  stooles,  21i.  5s.;  6  Chaires,  12s.;  3  Cushens  stuff d,  9s.; 
chest  &  a  small  Trunke,  12s.;  a  wiccar  baskett  &  looking  glass, 
6s.  In  the  porch  chamber,  Feather  bed,  bedsteed  &  furni- 
ture, 81i.  In  ye  garret,  5  bush,  of  wheate,  4  bush,  of  corne. 
Hi.  17s.;  Tubbs,  a  wheel  &  some  other  Lumber,  6s.;  a  ham- 
mocke,  8s.  In  the  kitchin.  In  pewter  &  brass,  lOli.  6s.;  a 
pestell  &  morter,  4s.;  a  still,  8s.;  pewter,  4s.;  Letten  ware, 
15s.;  earthen  Ware,  15s.;  3  doz.  Trenchars,  3s.;  a  Jack, 
Andirons,  Fire  Shovels,  Tongs,  2  spitts  &  a  pr.  of  Stilliards, 
2  smoothing  Irons,  hakes,  Fenders  &  chafing  dish  with  some 
other  small  Iron  Things,  31i.  lis.;  3  Iron  potts  &  a  Kettle, 
Hi.;  2  Iron  wedges,  2s.;  2  Little  Tubbs  &  4  Chaires,  8s.;  A 
meale  Trough,  2s, ;  Bowls  &  Trayes,  3s.  In  the  shop,  4  bush, 
malt,  16s.;  1  1-2  bush,  wheate,  7s.  6d.;  Tubbs  &  barrels  in 
the  cellar,  15s.;  In  Lynnen  as  Table  cloths,  napkins  towels 
sheets  &  pillowbeers,  151i.;  money,  401i.;  debts  due,  61i.; 
saddle  &  bridle  &  2  pillions  &  pillion  cloth,  21i. ;  3  payles  where- 
of Two  with  Iron  hoopes  &  bayles,  4s.  6d. ;  a  Lynning  wheel, 
3s.;  2  Chests,  4  Jarrs  &  a  handsaw,  7s.;  A  spade  &  a  pr.  bil- 
lowes,  5s.;   total,  39811.  4s. 

*Inventory  of  the  estate  of  Joseph  Small  of  Sallam  deceased 
May  30,  1676  taken  by  Joseph  Huchinsonf  and  Jonathan 
Waicott,t  and  allowed  30  :  4  :  1676  in  Salem  court:  four  akars 

fAutograph. 


178  SALEM    QUARTERLY    COURT  [June 

Tho.  Smale  dying  intestate,  Ruth,  the  relict,  was  appointed 
administratrix  of  his  estate  and  made  oath  to  the  inventory.* 
She  was  bound  with  Edward  Groves. 

&  a  halfe  of  medowy  or  broshy  land,  71i. ;  sixteen  akars  of 
vakante  land,  161i.;  four  akars  of  Improved  land,  llli.;  a 
hous,  321i.  10s.;  two  narow  axes  &  a  broad  axe,  13s.;  a  bar- 
kinge  Iron,  drawinge  knife,  hamer,  5s. ;  plow  lorns  &  2  Barills, 
10s.;  Bedsted  mate  &  bed  Rope,  Hi.;  Lookinge  glace,  trays 
&  brod  how,  9s.;  sith  &  takline,  2  chairs  &  shovell,  8s.;  three 
hundred  of  bords,  15s.;  hors,  6  swine  &  three  piges,  61i.; 
fouer  Coues  &  a  yearline,  161i.  Us.;  firepan,  tonges,  friing 
pan,  tramill,  16s.;  a  pot,  citell,  feters,  Hi.  10s.;  fether  bed, 
boulsters  &  pillows,  51i. ;  Ruge,  blankit,  &  three  pare  of  shets, 
41i.  10s.;  four  shurts,  three  pare  of  drawers,  21i.;  six  boshills 
of  Indion  corn,  18s. ;  Bakon,  301i. ;  wool  &  hopes,  4,000  shingle 
nails,  18s.  6d.;  bridl  &  sadle,  13s.  6d.;  Indion  corne  upon  the 
ground,  Hi.  5s. ;  peas,  barly  &  oats  upon  the  ground,  21i.  10s. ; 
pair  of  shoos,  neckclos  &  three  par  of  stokins,  15s.;  four  shil- 
lings in  money,  a  belt,  8s.  6d.;  a  hat  &  waringe  Clothse,  21i. 
12s.;  twoe  Chests,  a  ber  barill,  pouder  &  bolits  &  basket,  19s. 
6d.;  a  Bible,  4s.;  total,  11811.  16s.  Debts  due,  501i.  4s.  7d. 
Debts  due  to  her,  21i. 

*Inventory  of  the  estate  of  Thomas  Small,  who  deceased 
Jan.  26,  1675,  appraised  by  John  Putnamf  and  Richard  (his 
mark)  Leach,  and  allowed,  30:4:1676,  in  Salem  court: 
housing  and  land,  25011.;   two  oxen,  lOli.;    13  cows,  48h.  15s.; 

5  Cataill  of  2  year  old,  121i.  10s.;  5  of  a  year  old,  61i.  5s.; 
25  sheep,  121i.  10s.;  3  mares  &  a  horse  &  a  Coult,  51i. ;  sadel, 
Bridle,  PistoUs  &  houlsters,  Belt,  Rapyer,  31i.  10s.;  a  Gune, 
Hi.  10s.;  his  wearing  Cloaths,  131i.  2s.;  feather  bead,  Boul- 
sters &  Pillows  &  Beadsteed,    Curtins   &   valians   &   a   Ruge 

6  a  Blanket,  a  pair  of  shets,  lOli, ;  3  sheets  &  other  Linen, 
Hi.  6s.;  mony,  10s.;  10  lb.  of  Coten  woolle,  10s.;  17  lb.  of 
woollen  yearn.  Hi.  15s.;  Cheese  &  Boxes,  15s.;  Chairs,  10s.; 
a  Litell  Table,  5s.;  a  trundle  Bead  &  Beading,  21i.  10s.;  Bead 
&  Beading  &  Beadsteed,  31i.;  32  lb.  of  Sheeps  woole.  Hi.  12s.; 
a  pair  of  stillyards.  Hi. ;  Cart  Rope  &  Pilion,  18s. ;  for  a  sanne, 
4s. ;  old  Barills,  13s. ;  17  Bushills  of  Barill,  31i.  8s. ;  2  bushells 
of  Rye,  8s.;  15  bushells  of  pease,  31i.;  80  bushells  of  Indian 
Corn,  121i.;  sacks,  12s.;  chains,  Hi.  6s.;  shars  &  Coulters, 
Hi.;  axes,  16s.;  hous,  10s.;  Retell  &  wedges  &  old  Iron,  Hi.; 
swin,  41i.;  Keards  &  whells,  10s.;  siths  &  Tackeling,  6s.; 
2  Iron  potes.  Hi.;  a  friing  pan  &  warming  pan,  3s.;  Barills 
&  other  wooden  warr,    Hi.;    wooden  with  other  things,   21i.; 

t  Autograph. 


1676]  RECORDS    AND    FILES  179 

Jonathan  Wiles  dying  intestate,  John  Wiles  was  appointed 
administrator  of  the  estate  and  made  oath  to  the  inventory.* 

The  willf  of  William  Pitcher  was  proved  and  the  inven- 
tory! allowed  upon  oath  of  Andrew  Tucker,  one  of  the  execu- 
tors. 

meat,  21i.  10s.;  Cart  &  whells,  Hi.;  8  Bushells  of  Barlly,  Hi. 
12s.;  Hemp  &  flax,  15s.;  Glase,  4s.;  total,  4271i.  Debtor  to 
several  persons,  13511.  7s.  4d.;  debts  due  from  severall  per- 
sons, 581i.  10s.  5d. 

*Inventory  of  the  estate  of  Johnnathan  Wills,  taken  June 
28,  1676  by  John  How§  and  WiUiam  Aver  [ill]  §  and  allowed 
30  :  4  :  1676  in  Salem  court:  a  mar  and  ould  sadell,  21i.;  a 
small  Gun,  15s.;  thre  saws,  18s.;  a  beres,  5s.;  Broad  ax,  5s.; 
square,  2s.  6d.;  mortis  auger,  2s.;  ould  lorans.  Is.  6d.;  an 
ould  ax,  2s.;  an  inch  auger  and  a  payer  of  Chisells,  3s.  6d. 
There  is  a  parsell  of  Land  about  15  akers  which  was  to  be 
Johnnathan's  after  his  fathers  decase:  this  to  be  consederd 
whither  to  be  in  the  Inventory  or  no. 

twill  of  William  (his  mark)  Pitcher,] |  dated  Nov.  21,  1675, 
and  proved  in  court  30  :  4  :  1676  by  the  witnesses,  who  made 
oath  14  :  1  :  1675-6  before  Wm.  Hathorne,§  assistant:  "I 
give  and  bequeath  of  that  estate  I  have  to  my  elder  Brother 
John  Pitcher  living  in  England  att  Kenton  in  Devonshire, 
forty  pounds  to  be  paid  to  him  by  my  Executours,  or  to  his 
order  here  in  New  England,  and  in  case  of  my  Brothers  de- 
cease to  be  paid  to  my  Brothers  eldest  sonne  living,  and  the 
remainder  of  the  estate  I  give  and  bequeath  to  my  loving 
Freind  Andrew  Tucker:  in  whose  house  I  now  ly  sicke:  Item 
by  these  present  I  doe  appoint,  ordaine  &  constitute  my  loving 
Freinds  Andrew  Tucker  and  Rich  Rith  to  be  my  Executours." 
Wit:  John  (his  mark)  Pederick  and  William  (his  mark)  Ven- 
ning. 

^Inventory  of  the  estate  of  Wm.  Pitcher,  appraised  May 
22,  1676  by  Robert  (his  mark)  Hooper  and  Edw.  Humphrey,  § 
and  allowed  30  :  4  :  1676  upon  oath  of  the  executor:  For  a 
Green  Rugg,  pillow  &  fethers,  9s.;  a  silver  Lace  wastcoat  and 
another  wastcoat  with  Gollon,  Hi.;  one  Coat,  2  pare  Breches 
and  one  pare  Red  Drawers,  18s.;  Coate  and  Breeches,  Hi. 
2s.;  two  Remnants  of  stuff,  13s.  8d.;  a  Remnant  of  Ticken, 
18s.;  percell  of  Lining,  10s.;  a  hatt  &  some  other  Small  things, 
8s.;  an  old  pare  Boots  and  a  Chest,  8s.;  Little  Trunk,  2s. 
6d.;  2  pare  stockings,  2s,  6d.;  total,  61i.  lis.  8d.  Debts 
owing  to  him,  771i. 

Charges  of  Andrew  Tucker  on  account  of  Wm.   Pitcher: 

§  Autograph.  ||Seal. 


180  SALEM    QUARTERLY    COURT  [June 

The  will*  of  Jeffery  Thistle  was  proved  and  an  inventoryf 
allowed. 

the  first  Month  of  his  sickness  Diat,  tendance  and  Licquor 
and  watchers  &  other  Nessesasaryes,  61i.;  2  month  for  Diat 
tendance  and  Licquor  &  watchers  &  other  Necessaryes,  81i.; 
3  month  Hee  Growing  worse  and  worse  for  Diate,  Tendance 
&  for  watchers  p  2  every  night  &  for  Brandy  for  y'=  watchers, 
firewood  and  Light,  121i.;  4  Month  For  Diat  Tendance  & 
for  2  Watchers  every  Night  &  for  Brandy  for  the  watchers 
Firewood  and  Light,  12Ii.;  5  month  to  Diat  and  tendance 
p  one  whole  month  after  the  will  was  made  &  for  2  watchers 
Every  Night  To  Brandy  p  his  watchers  victualls  and  Fire 
wood,  13H.;  To  Doct.  Daniell  Wells,  61i.  17s.;  to  Doct.  Richd. 
Knott,  21i.  Is.;  To  2  Journeys  to  Charlstown  &  pd  to  Doct. 
Checking,  Hi.  10s.;  1  Journey  to  Boston  to  Doct.  Snelling 
&  wt.  I  had  of  him,  16s.;  To  a  Journey  to  Lin  to  Goody  Ed- 
monds &  by  his  owne  Order  &  for  horse  &  man  to  fetch  her  & 
Gary  her  home,  IBs.;  paid  to  ye  Gonstable  of  marblehead 
for  Countrey  and  towne  Rate,  8s.  6d.;  To  his  Funerall,  6h.; 
for  my  own  Labour  and  my  wife  Goeing  Early  &  Late  to  Mar- 
blehead, Salem,  Boston  &  to  and  again  &  Use  of  my  horse, 
61i.;  paid  to  Richard  Reith,  17s.;  to  Edward  Humphreys, 
4s.;   to  Robt.  Hooper,  2s.;   total,  771i.  Is.  6d. 

*Will  of  Jeffery  (his  mark)  Thissellf  of  Abbetsbury,  Dor- 
sett,  Old  England,  but  at  present  in  New  England,  being  in 
perfect  health  and  memory  but  bound  to  sea,  dated  Oct.  29, 
1675,  and  proved  27:4:1676,  in  Salem  court:  "I  make 
Richard  Reith  and  Mathew  Clark  both  of  Marblehead  New 
England  to  be  my  sole  Excecutors.  ...  I  Giue  unto  my 
Eldest  son  Richard  Thissell  twentie  shillings  siluer  which 
George  Darlin  of  Salem  is  Indebted  to  mee  and  one  halfe  Barrill 
of  oyl  of  Geo.  Tuck  and  tenn  shillings  in  old  England  Money 
which  I  leaue  in  one  of  the  E!xcecutors  hand  Richard  Reith  as 
alsoe  all  my  Fishing  Craft  that  is  in  my  Chest  at  Clem  English 
house  in  Salem.  I  Giue  vnto  my  Daughter  Jone  Thissell  in 
Abbetsbury  in  y''  County  Dorsett  England  a  Bond  that  is 
in  y*  hand  John  Hedgcock  in  Abbetsbury  of  30"  pound  prin- 
ceple  with  the  use  of  it  for  fine  years  at  this  Date:  as  alsoe 
I  Giue  vnto  her  all  that  is  Due  vnto  me  from  M""  Henry  Feavor 
as  alsoe  all  my  whole  propriaty  that  I  haue  In  England  either 
in  Goods  or  any  other  thing  what  Ever  I  Giue  to  my  Grand 
Child  Jeffery  my  son  Richards  Son  Twentie  pounds  New  Eng- 
land mony  siluer  that  lieth  in  Richard  Reits  hand  as  alsoe 
I  Giue  to  him  all  that  is  Coming  to  me  of  the  voyage  along 

tSee  footnote  marked*  on  page  181.  JSeal. 


1676]  RECORDS    AND    FILES  181 

Alee,  relict  of  Edward  lerson,  was  appointed  administratrix 
of   her    husband's    estate,    he    leaving    a    nuncupative    will,t 

with  John  Darlin  of  Salem  which  Ezekiell  watters  hath  y® 
Doeinge  of  as  alsoe  I  Giue  to  my  said  Grand  Child  Jeffery 
all  my  whole  venture  that  I  now  Carey  with  me  This  voiag 
as  allsoe  what  wages  may  be  due  to  mee  as  alsoe  fifteen  Acres 
of  land  that  lieth  at  Bass  Riuer  more  or  Less  I  Giue  vnto 
my  son  Richards  Daughter  mary  tenn  pounds  in  siluer  of  New 
England  monj'^  which  lieth  in  y''  hands  of  Richard  Reith  I 
also  Giue  vnto  my  Grand  Child  Jeffery  my  Chest  and  Bedd 
that  is  at  Clem  English  in  Salem  I  Doe  Further  order  what 
is  Coming  from  y®  voiag  of  Ezekiell  Watters  shall  be  paid  to 
Richard  Thessell  Towards  y  Land  for  the  use  of  the  boy  this 
to  be  paid  at  y^  prouing  the  will  and  that  it  may  be  put  into 
my  Excecutors  hands  and  that  y^  twentie  pounds  and  y*^  tenn 
pounds  that  I  Giue  vnto  y^  Children  shall  be  Kept  in  y''  Ex- 
cecutors hand  tell  they  Come  to  age  and  if  either  of  the  Children 
dieth  to  Goe  to  that  as  Remaines  aliue  and  Land  and  all  to 
Goe  from  Generation  to  Generation.  Lastly  I  Giue  Unto 
Richard  Reith  and  Mathew  Clark  my  Excecutors  Twentie 
Shillings  a  peice  more  out  of  the  voyage  now  in  hand."  Wit: 
Samuell  Morganf  and  Edw.  Humphreys.  J 

^Inventory  of  the  estate  of  Jeffery  Thissell,  taken  by 
Samuell  Morgan|  and  Edw.  Humphrej^l  and  allowed  27: 
4  :  1676,  in  court:  For  the  Land  in  y*^  Bounds  of  Beaverly, 
301i. ;  money  Left  in  Richard  Reith  hand,  301i.;  wages  which 
is  in  ye  hands  of  Richard  Reith,  71i.  17s.;  money  in  Ezekell 
waters  hand,  91i.  2s.;  money  in  Henery  Haymans  hand,  31i. 
&  six  pence  in  old  England  money  and  six  Shillings  in  New 
England,  31i.  6s.  6d.;  Cloase  Chest  &  a  sea  Bedd,  31i.  13s.  6d.; 
total,  831i.  19s.  As  for  the  Land  abovesd  and  the  Cloase  Chest 
and  Bead  was  prised  by  vs  at  money  silver  of  New  England 
and  it  is  to  be  vnderstood  that  all  y''  Rest  is  silver.  Debts, 
in  silver,  171i.  10s. 

Robert  White|,  aged  twenty-nine  years,  testified  on  June 
27,  1676  that  Jeffery  Thistell  being  aboard  the  "waymouth 
marshent"  sailing  from  Saltatudes  bound  for  New  England 
was  taken  sick  on  the  way  and  on  his  death-bed  called  for 
Hendry  Heman,  whom  with  deponent  he  asked  to  go  to  his 
chest  and  take  out  31i.  in  English  money  and  6s.  in  New 
England  mone3^  Said  Heman  brought  it  and  Thistle  told 
him  to  carry  it  home  and  give  it  to  his  daughter,  which  he 
did.     Sworn  in  court. 

fNuncupative  will  of  Edward  lerson,  dated  Oct.  26,  1674, 

^Autograph. 


182  SALEM    QUARTERLY    COURT  [June 

which  she  was  ordered  to  carry  out.  She  also  made  oath  to 
an  inventory*  which  she  brought  in. 

signed  by  Henery  Sillsbeyf  and  Henry  ColHnSjf  and  proved 
27  :4  :  1676,  in  court:  "I  doe  giue  to  my  sone  Sammuel 
forty  ackkers  of  land  which  is  my  farme  lying  next  to  John 
hokes  grond  on  one  side  and  this  land  which  I  doe  giue  him 
is  to  goe  to  the  next  yares  after  his  decease  allsoe  I  doe  giue 
to  my  sone  bengamen  my  hose  and  land  Joyning  to  It  and 
4  akkers  of  meddoe  lying  up  in  the  conterry  and  2  akkers  of 
mash  lying  in  Romely  mash  and  this  hee  is  not  to  haue  tell 
after  his  motheres  decease  but  if  the  sayed  bengamen  dost 
Hue  with  his  mother  and  improues  this  grond  and  lickwise 
the  stock  of  cattell  doth  prouide  for  them  then  is  hee  to  haue 
halfe  the  corne  and  half  the  cattell,  allsoe  I  doe  giue  to  my 
dafter  elissybeth  twenty  pond  to  bee  payd  out  of  the  stock, 
allsoe  after  my  deceace  I  doe  giue  to  my  dafter  Ruth  one 
yow  and  one  lame,  allsoe  It  is  my  mind  my  wif  shall  haue  all 
the  moueables  at  the  dissposing,  and  this  hee  did  in  parfet 
memory." 

*Inventory  of  the  estate  of  Edward  lerson  of  Lyn,  taken 
20  :  11  :  1675,  by  Thomas  Laughton,t  Henry  Collinsf  and  Hen- 
ry Sillsbeyf  and  allowed,  27  :  4  :  1676,  in  court:  one  dwellinge 
house  &  barne  and  orchard  and  five  acres  of  upland  adjoininge 
to  the  house  and  tow  Acres  of  salt  march,  tOli.;  tow  oxen, 
81i.;  foure  cowes,  121i.;  Tow  steers,  41i.  10s.;  tow  Heifers, 
31i. ;  tow  caulfes,  21i.;  tenn  sheepe,  41i.;  five  swine,  31i.  10s.; 
one  Horse  &  one  mare  &  colt,  51i.;  Fourty  Acrse  of  up  Land 
in  the  countrey,  lOli.;  Foure  acres  of  Fresh  meadow  in  the 
countrey,  81i.;  One  Bedstead  and  Beding  and  curtaines  & 
vallance  belonging  to  it,  91i.;  Eight  paire  of  sheets,  51i.;  Tow 
table  cloathes  and  fourteen  Napkins,  Hi.  10s.;  five  pillow- 
bears,  10s.;  Tenn  yearcls  of  course  cloath,  15s.;  Fifteen  yeards 
of  new  cloath.  Hi.  18s.;  Five  yeards  of  new  cloath.  Hi.;  wear- 
ing cloathes,  31i.  12s.;  a  paire  shoos  &  stockings  and  tow  old 
shirts  &  a  old  coat,  14s.;  one  Bedstead  and  bedinge  &  cur- 
taines &  valance  belonging  to  it,  61i.  10s.;  one  Bedstead  and 
Bedinge,  41i.;  Three  score  Bushill  of  Indian  corn,  lOli.  10s.; 
tow  Bushill  &  half  of  rye  &  one  Bushill  &  halfe  wheat  &  a  bushill 
pease,  Hi.  Is.  6d.;  Barley,  31i.;  oats,  21i.  4s.;  sheeps  woole, 
Hi.;  flax.  Hi.  10s.;  Hay,  lOli.;  chairs  and  cushens.  Hi.;  table 
&  forme  &  tow  old  cubbards.  Hi.;  Iron  pots  and  scillets  and 
other  Iron  tooles  &  axes  &  wedgs  &  tonges,  31i. ;  pewter  dishes 
and  Pewter  pots  &  poringe  dishes  &  other  pewter  &  cups,  31i. ; 
musket   &   sword   &   powder  &   Bulletts,    Hi.    lOs.;    Earthen 

tAutograph. 


1676]  KECORDS    AND    FILES  183 

Edward  Bishop,  having  been  appointed  at  the  last  Salem 
court  administrator  of  the  estate  of  Will.  Dewe,  made  oath 
to  the  inventory*  which  he  brought  in  to  court. 

Agnes,  relict  and  administratrix  of  the  estate  of  Andrew 
Alger,  presented  the  willf  and  inventory  of  her  said  husband 
which  were  proved  and  allowed. 

dishes  &  pots,  6s.;  spininge  wheels  &  woole  cards  &  a  hatt, 
9s.;  pork,  butter  &  cheese,  21i.  10s.;  chests,  boxes,  chirnes, 
tubs,  pailes,  a  chees  presse  &  woden  trayes.  Hi.  16s.;  a  briddle 
and  saddell  &  a  cart  saddle,  Hi.  6s.;  a  Bible  &  other  bookes 
&  yearne  &  lookinge  glasses  &  tow  old  stoles,  16s.;  one  cart 
&  wheeles  and  a  chaine  &  plough  &  cart  rope,  21i.  6s.;  In  old 
sackes  &  winnow  sheets  &  a  fork  &  old  tools,  14s.;  debts 
owing  to  him,  21i.  13s.;   debts  to  be  paid,  61i.  12s. 

*Inventory  of  the  estate  of  Will.  Dewes,  taken  by  Edward 
Bishop, J  and  allowed  30  :  4  :  1676,  in  court:  Reed  in  Mar- 
chandabel  Fish,  41i.  17s.  3d.;  for  ye  contrey  Servis  under 
Capt.  Page  of  Boston,  21i.;  for  ye  countery  Servis  under  Capt. 
Thomas  Lawthrope,  Hi.  10s.  6d.;  by  his  Cloaths  and  Chist, 
21i.;  3  sheepe.  Hi.  Is.;  3  gall.  Traine  oyle  at  2s.  pr.  Gall., 
6s.;  mony  of  Ephraim  Fellowes,  6s.;  mony  of  Marke  Haskoll, 
2s.;    total,  121i.  2s.  9d. 

fWill  of  Andrew  (his  mark)  Alger,  sr.§  of  Scarborough, 
County  of  Yorke  in  New  England,  fisherman,  dated  Mar.  23, 
1669-70,  and  proved  30  :  4  :  1676,  in  court:  after  payment 
of  debt  "I  bequeath  unto  my  dear  &  loveing  wife  Agnes, 
fully,  wholy,  &  solely  to  enjoy  &  dispose  of,  according  as 
unto  her  shall  seeme  meet,  &  covenient  (wheresoever  any  & 
every  pcell  of  y^  s*^  Estate,  shalbe  found  being  &  lying)  &  if 
so  be  she  dyeth  as  my  widow,  hereby  she  shall  have  full  power 
to  bestow  upon  leave  unto  &  distribute  among  whom  of  my 
children  she  shall  find  to  be  most  ready  to  be  pforming  their 
filiall  duty  unto  her.  To  w'^*'  end  I  hereby  bequeath  unto  each 
&  every  one  of  my  children  y^  summ  of  five  shillings,  viz  To 
my  sonn  John,  five  shillings  Andrew  five  shillings,  Mathew 
five  shillings,  Elizabeth  five  shillings,  &  Joanna  five  shillings. 
Onely  it  is  to  be  understood,  y*  it  is  my  will  y*  my  interrest 
at  blacke  point  Neck,  my  aforesd  wife  shall  not  have  liberty 
to  dispose  of  although  she  depart  in  her  widdowhood,  but 
after  her  decease,  my  will  &  bequeath  is  y*  it  shall  fall  into 
y^  hands  of  my  sonn  John  as  his  Inheritance.  But  if  it  shall 
seeme  meet  unto  my  aforesd  wife  to  enter  into  Wedlock  then 
my  will  is  that  she  shall  have  onely  her  thirds  of  the  aforesd  Es- 

tA.utograph.  §Seal. 


184  SALEM    QUARTERLY    COURT  [June 

An  Alger,  relict  of  Arthur  Alger,  was  appointed  adminis- 
tratrix of  her  husband's  estate,  and  she  brought  in  an  in- 
ventory* to  which  she  made  oath. 

tate,  my  sonn  John  as  is  abovesd  my  house  &  land  to  be  equally 
devided  betweene  my  other  two  sonns  abovesd,  &  my  two 
daughters  an  equall  portion  of  y*'  remainder,  my  intent  being 
that  the  two  thirds  of  y''  estate  shalbe  equally  divided  among 
my  aforesd  five  children,  although  I  expresse  it  as  my  will, 
that  all  my  sonnes  should  &  shalbe  thus  seated  as  above. 
To  w*^''  end  &  purpose  I  doe  hereby  make  constitute  &  ap- 
point my  aforesd  wife  to  be  my  whole  &  sole  Executrix,  unto 
this  my  last  will  &  Testament  &  that  this  my  sd  will  to  all 
true  intents  &  meanings  may  be  in  all  things  fulfilled  I  doe 
hereby  request  my  deare  brother  Arthur  Alger  &  my  loveing 
Neighbour  Andrew  Brown  sen.  both  of  y  Towne  abovesd  to 
supvize  &  to  looke  that  this  my  last  will  &  Testament  be 
pformed."     Wit:    She.  Fletcherf  and  Roger  (his  mark)  Hill. 

Inventory  of  such  goods  as  Agnis,  widow  of  Andrew  Algar, 
had  in  her  keeping,  allowed  30  :  4  :  1676  in  court:  2  beds,  1 
boulster,  2  Ruggs,  41i.;  3  Iron  potts,  Hi.  16s.;  2  paire  of  pott 
Crooks,  3s.;  a  frying  pan,  2s.  6d.;  A  grid  Iron  &  old  Iron, 
3s.;  meale  sieve,  lOd.;  2  bucketts  &  two  Tubs,  5s.;  1  Hatt, 
1  old  wheele,  9s.  6d.;  Cloth  for  a  Coat  &  a  paire  of  breeches. 
Hi.;  1  paire  of  shooes,  3s.;  A  copper.  Hi.  9s.;  1  Chest,  5s.; 
total,  81i.  16s.  lOd.  "There  is  to  3^*^  Estward  by  report  butt 
I  cannott  make  oth  of  itt:"  1  Heiffer  fower  yeares  old,  1  Steere 
fower  yeares  old,  1  old  Horse,  Land  &  Marsh,  401i.;  House 
&  Land  Upon  black  point  neck,  301i. 

*Inventory  of  the  estate  of  Authur  Auger  of  Scarbrough, 
taken  June  — ,  1676,  by  Giles  Barg  and  Ralphe  Allison  at 
Scarborough  alias  Blackpoint,  who  made  oath  June  10,  1676 
before  John  Scottow,t  commissioner:  land  improved,  401i.; 
Marsh  &  land  in  Comon,  301i. ;  4  oxen,  221i. ;  1  Cow,  41i. ; 
a  yearling,  Hi.  10s.;  2  Mares,  71i.;  1  hors  Colt  year  old,  Hi. 
10s.;  1  gun  without  a  lock,  16s.;  Coulter  &  share  &  staple 
&  Crooke,  10s. ;  7  reap  hookes  &  sickles,  7s. ;  1  pitch  fork, 
6d. ;  1  fouling  peece,  Hi. ;  2  nib  rings  &  one  staple  &  too  paire 
of  broken  Crooks,  5s.  3d.;  total,  lOSli.  3s.  6d.  Also  a  par- 
cell  of  upland  &  meddow  which  was  Brother  Geles  Roberts, 
in  controversy,  301i. 

Inventory  of  the  estate  of  Arthur  Augar  of  Blackpoint 
wounded  by  the  Indians  and  dying  of  his  wounds  Oct.  14, 
1675,  taken  at  Marblehead  June  26,  1676,  by  Thaddeus  Rid- 
danf  and  Beniamin  Redknap:t    his  apparrell,  21i.  15s.;    three 

fAutograph. 


1676]  .  RECORDS    AND    FILES  185 

Elizabeth,  relict  of  Henry  KemboU,  was  appointed  ad- 
ministratrix of  her  husband's  estate,  and  she  brought  in  an 
inventory*  to  which  she  made  oath. 

Featherbeds,  3  bolsters  &  4  pillowes,  lOli.  15s.;  Six  blanketts, 
2  rugges  &  1  coverled,  21i,;  Two  bearskins,  5s.;  A  sadle, 
pillion  &  two  bridles.  Hi.  12s.;  sword  &  belt,  9s.;  Eleven  yds. 
Irish  cloth,  13s.;  pr.  stockins,  3s.;  Four  Pewter  dishes  &  1 
bason,  4  porringers.  Hi.;  one  pewter  pot,  candlestick,  2  beakers, 
7s.;  Two  salt  sellars,  2  sawcers  &  2  Lamps,  4s.;  one  hatt,  6s.; 
Two  bushels,  1-2  wheat  &  3  Indian,  Hi.  Is.  6d.;  Eight  old 
bags,  8s.;  Four  iron  potts  &  4  pothooks,  21i.  5s.;  One  old 
frying  pan  &  trammell,  4s.  6d. ;  one  smothing  iron,  2  heaters, 
3s.;  one  brass  ketle  &  1  skillett,  Hi.;  one  warming  pan  &  1 
flesh  forke,  15s.;  Tinnen  ware  &  2  pr.  old  wool  cards,  12s.; 
morter  &  pestle  &  1  old  candlestick,  7s.;  Trenchers  &  spoons, 
5s. ;  Four  chests,  &  two  boxes.  Hi. ;  Two  selves,  2s. ;  1  Linnen 
wheel,  4s.  6d.;  four  pound  cotton  wooU  &  ye  baskett,  3s.; 
Bucketts  &  2  small  tubs,  7s.;  wooden  ware,  15s.;  one  old 
chair,  15d.;  Two  pr.  sheets,  2  tablecloths,  1  doz.  napkins, 
21i.;  one  shirt,  1  pr.  drawers,  4  towels  &  2  pillarbears,  12s.; 
sixteen  yds.  linsey  woolsey.  Hi.  4s.;  three  remnants  of  dinnin, 
15  yds..  Hi.;  six  yds.  blew  Linnen,  6s.;  An  old  axe  &  2  bagges, 
7s.  6d.;  one  small  Indian  gun,  10s.;  Powder  &  shott,  3s.;  a 
chamb.  pott,  4s.;  1  bagge  silpee,  12d.;  total,  351i.  Is.  9d.  Debts 
due  from  ye  estate:  To  Mrs.  Walker  att  Boston,  31i.;  to  the 
portion  of  ye  3  children  of  Brother  Giles,  Abraham  Roberts, 
51i.  12s.,  David  Roberts,  51i.  12s.,  Giles  Roberts,  51i.  12s.; 
total,  191i.  16s.  Due  to  ye  estate  if  it  can  be  recovered:  from 
Richd.  Wilbire,  Hi.;  Mathew  Augur,  Hi.;  John  Augur,  16s.; 
Christopher  Pickett,  61i.;   total,  81i.  16s. 

Robeart  Elliot,  aged  about  forty-four  years,  deposed  that 
about  Oct.  14,  1675,  Arthur  Allger  was  at  Wm.  Sheldon's 
house  in  perfect  sense  and  memory  and  he  desired  deponent 
and  the  rest  standing  by  to  take  notice  that  he  gave  all  his 
goods  to  his  wife  An,  she  to  pay  the  children  their  portions. 
Sworn,  Oct.  26,  1675,  before  John  Wincoll,t  associate. 

Christopher  Picket,  aged  about  sixty  years,  deposed  the 
same. 

Wm.  Sheldon  and  John  Cocke  deposed  the  same.  Sworn, 
Oct.  26,  1675,  before  John  Wincoll,t  associate. 

*Inventory  of  the  estate  of  Henery  Kemball,  taken  16  :  4  : 
1676,  by  Thos.  Fiskef  and  Richard  (his  mark)  Button,  and 
allowed  30  :  4  :  1676  in  court:  house  and  twelve  akrs  of  Land 
which  was  the  widow's  before  shee  marled  with  him,   4011.; 

t  Autograph. 


186  SALEM    QUARTERLY    COURT  [June 

Whereas  administration  was  granted  to  Hen,  and  Richard 
Kemboll  of  the  estate  of  Caleb  Kemboll  at  the  last  Salem  court, 
and  since  then  said  Henry  had  deceased,  court  granted  to 
Richard  sole  administration,  and  ordered  him  to  pay  to  the 
twelve  children  of  said  Caleb,  18s.  at  age.* 

Neate  catle,  251i.  10s.;  one  old  horse,  Hi.  5s.;  sheep,  21i.  10s.; 
swine,  51i.  12s.;  Graine  upon  the  land,  41i.;  6  Bushels  of  Corne, 
Hi.  Is.;  Beding  &  Bedsteads,  71i.  10s.;  wearing  Clothes,  41i. 
18s.;  Iron  &  Brass,  51i.  14s.;  workeing  Tools,  31i.  2s.;  sword 
&  Belt,  10s.;  Ammunition,  3s.;  Lumber,  31i.  15s.  6d.;  books, 
5s.;  yarne,  21i.;  Hemp  &  flax,  8s.;  sheep's  wooll,  15s.;  hoops 
&  Boxes  &  other  Utensils,  Hi.;  Debt  due  from  his  son  Caleb 
late  deceased  upon  the  account  of  howse  &  Land,  25K.;  to  ye 
Remnant  of  a  Legicie  given  him  by  his  father  yet  in  the  execetrs 
hand,  401i.;  debt  due  from  Thomas  Fiske,  3s.;  timber.  Hi. 
15s.;  a  Grindstone,  10s.;  warming  pan  &  old  pewter,  6s.; 
two  Bags,  3s.;  total,  17711.  lis.  Debts:  to  Mr.  William 
Browne,  31i.  Is.  1  l-2d.;  county  Treasurer,  21i.  5s.;  Mr. 
Georg  Corwine,  161i.  9s.  7  l-2d.;  Mr.  Georg  Corwine,  a  payer 
of  wheels  with  hoops  &  Boxes,  21i.  12s.;  to  be  paid  to  hiin 
according  to  a  note  under  his  hand  for  ye  widow  White,  Hi. 
Is.;  Richard  Dodg,  Hi.  10s.;  the  Remainder  of  Legacies  to 
Humphery  Gilbert's  childrin,  61i.  lis.;  two  oxen  &  two  Cowes 
mentioned  in  humphery  Gilbirt's  will,  201i.  5s.;  two  akers  of 
Land  belonging  to  Humphery  Gilbert's  farm  which  William 
Rayner  Reed,  of  Thomas  Fiske  &  gave  bond  that  the  Heires 
should  Give  a  deed  of  it  wn.  he  Come  of  Age,  5h.;  to  Jno. 
Carpenter,  14s.;  Daniell  Killim,  Hi.  6s.;  Goodman  Rix,  7s.; 
Daniell  Killim  sr.,  7s.;  Osmond  Traske,  3s.;  Goodman  Stack- 
house,  14s.;  William  Rayner's  children  according  to  an  order 
of  Ipswich  Court,  Hi.  15s.;  to  ye  Constable  of  Ipswich  for  ye 
war  rates  &  others,  31i.  14s.  2d.;  to  Thos.  Ives,  Hi.  7s.  5d.; 
Richard  Gooldsmith,  late  deceased.  Hi.  10s.;  Deacon  Goodhue, 
Hi.  5s.;  Mr.  Wainewrite,  21i.  10s.;  Mr.  Wade,  Hi.;  Samuell 
Fiske,  12s.;    Mr.  Browne,  31i.  8s.  lid.;   total,  761i.  8s.  3d. 

♦Inventory  of  the  estate  of  Caleb  Kemball,  slain  with 
Captain  Laythrop  in  the  country  service,  taken  25  :  9  :  1675 
by  Charls  Gottf  and  Walter  Fayerfieldf  and  allowed  30  :  9  : 
1675  in  Salem  court:  one  hous  and  twenty-four  akers  of  land, 
341i.  5s.;  one  hors,  31i.;  one  mare,  21i.  10s.;  15  bushells  and 
1-4  of  inden  corn,  21i.  5s.  9d.;  tools,  17s.  6d.;  one  muskett. 
Hi.  5s.;  by  7  wekes  wadges  dew  from  the  country,  21i.  2s.; 
one  chest  and  boox  and  on  par  of  shoes,  10s.;   tining  ware  and 

t  Autograph. 


1676]  RECORDS    AND    FILES  187 

Samuell  and  Tho.  Kemboll,  sons  of  Richard  Kemboll,  de- 
ceased, were  appointed  administrators  of  their  father's  estate, 
and  made  oath  to  the  inventory*  brought  in. 

other  small  things  &  bible,  10s.  6d.;  wearing  clothes,  31i. 
Debts  due  from  the  estate:  to  the  hayers  or  administrators 
of  Henery  Kemball  his  father,  251i.;  to  Deakon  Goodhew, 
41i.  3s.;  Walter  Fayerfeld,  21i.;  Ezekell  Woodward,  21i.  3s.; 
Master  Batter,  Hi.  5s.;  Thomas  Ives,  Hi.  2s.;  Peeter  Chevers, 
2s.  6d.;  Mr.  Phillip  Cromwell,  6s.;  Mistres  Newman,  5s.; 
Goodman  Hayward  the  hatter  at  Ipswich,  13s.  6d.;  to  John 
Baker  of  Ipswich,  4s.  6d.;  John  Safford,  5s.  6d.;  Cornitt  Whip- 
ple, 9s. ;  John  Sparks,  Is. ;  his  unkle  Richard  Kembal's  estate, 
4s.  6d. ;  to  Leweie  Elford,  2s. ;  that  his  father  Henery  Kemball 
had  in  money,  17s.;  delivered  to  Elizabeth  Norten  by  Caleb's 
order  a  chist  and  box  and  tin  ware,  8s.;  four  bushels  and  half 
of  Indien  corne  that  henery  Kemball  his  father  had  of  Caleb 
Kemball's  corn,  15s.  9d.;  debts  that  are  dew  and  out  of  my 
hand  of  Caleb  Kembal's  estate,  381i.  7s.  3d.;  the  17s.  in  money 
and  15s.  9d.  in  corne  is  dew  from  the  estate  of  his  father  henery 
kemball  and  a  paile  the  widow  kemball  hath.  Hi.  13s.  9d. 

*Inventory  of  the  estate  of  Richard  Kemball,  taken  June 
17,  1676  by  Walter  Fayerfeldf  and  Thomas  Patch  :t  the  dwel- 
ing  hous  and  132  Akers  of  Land  and  17  Akers  of  meddow 
belonging,  37011. ;  40  Akers  of  upland  at  Lords  hill  with  meddo, 
92H. ;  at  Lords  hill  21  Akers  of  upland  and  one  of  meddow,  401i. ; 
20  Akers  of  upland  lieing  by  Mr.  Newmans,  281i.;  6  Akers 
of  Land  caled  poulands  and  12  of  medow,  711i.;  200  Akers  of 
Land  in  Rowly  village,  16411.  10s.;  corne  in  the  hous  and 
corne  in  the  grass,  131i.  15s.;  cattell,  shep,  horses  and  swine, 
791i.  Is.;  beads  and  beding  and  aparcell  of  yerne,  81i.  15s.; 
Arms  and  ammunition,  51i.  5s.  6d.;  peuter  and  brass  and 
loron  potts,  71i.  5s.  6d.;  chests  and  bookes  and  bedsteds  and 
a  cord,  21i.  18s.;  earthen  ware  and  other  Implements  in  the 
hous,  21i.  12s.  6d.;  fether  bead  and  other  beding  and  a  bed- 
sted,  41i.  16s.;  a  weavers  loom  and  tacleng,  21i.  5s.;  a  per- 
cill  of  yern  and  tubbs  and  other  Lumber,  4h.  Is.;  husbantre 
Implements,  71i.  9s.;  dew  from  his  fathers  exsecitors,  351i. 
10s.;  cattell  and  houshould  goods  which  his  wife  brought 
to  him,  191i.  16s.;  his  wearing  clothes,  61i.  7s.;  dew  from 
daniell  gott  by  a  bill  that  he  gave  to  Richard  kemball  of  23 
pounds  ther  being  but  4K.  5d.  paid,  18h.  15s.;  dew  from 
daniell  gott  for  Rent  thre  pownds  per  yer  during  the  naturall 
life  of  mary  the  wife  of  the  Late  Richard  kemball  of  wenham 
more  severall  small  debts  dew  to  this  estate,  3li.  9s.;    dew 

fAutograph. 


188  SALEM    QUARTERLY    COURT  [July 

Court  held  at  Salem,  July  18,  1676,  by  adjournment 

Benjamin  Felton,  keeper  of  the  prison  at  Salem,  was  allowed 
for  keeping  two  Indians  committed  to  him  by  authority,  one 
for  seventeen  weeks  and  the  other  for  twenty-four  weeks  at 
two  shillings  per  week,  51i.  16s.,  which  court  ordered  the  County 
treasurer  to  pay.* 

Administration  upon  the  estate  of  Mathew  Legroe,  who 
was  slain  in  the  wars  against  the  Indians,  was  granted  to 
Nathaniell  Brickett,  who  brought  in  an  inventory,!  and  was 
bound. 

from  the  contry  for  wages  and  other  debts,  21i.  16s.;  total, 
980H.  16s.  6d.  Debts  due  from  Richard  Kemball's  estate: 
to  Mr.  William  Browne,  sr.,  21h.  4s.  8d.;  Docter  Avery  of 
Dedham,  3 Hi.;  Docter  Endicote  of  Salem,  6H.  4s.;  Rebecah 
Bondfield  of  Marblehead,  IH.  10s.;  Deaken  Goodhew  of 
Ipswich,  161i.  10s.  9d.;  Mr.  WiUiam  Browne,  jr.,  41i.  3s.; 
Mr.  Georg  Corwin,  31i.  16s.  6d.;  Mr.  Edmond  Batter,  Hi. 
14s.  7d.;  Thomas  Ives,  18s.;  Andrew  Wodbery,  5s.;  Mr. 
Joseph  Gieresh,  Hi.  19s.  3d.;  Captin  Nathaniell  Saltinston, 
31i.;  Captin  John  Corwin,  6s.;  Timothy  Lindall  of  Salem, 
8s.;  Thomas  Kirks,  Salem,  6s.  8d.;  David  Perkens,  8s.; 
John  Safferd,  8s.  6d.;  Mr.  Francis  Wainwrit,  lis.;  Andrew 
Ellet,  Hi.  10s.;  John  Lovet,  cooper,  7s.;  Walter  Fayerfeld, 
12s.;  Thomas  Patch,  5s.;  Hayward,  the  hatter  of  Ipswich, 
8s.;  other  debts.  Hi.  4s.;  debts,  181i.  5s.  8d.;  by  the  warr 
rate  and  Elizabeth  Brooks,  71i.;   total,  123U.  5s.  7d. 

*Bill  of  Benjamin  Felton, |  goal  keeper,  dated  Salem,  July 
17,  1676,  for  keeping  in  the  Goale  Two  Indians  Committed 
p  ye  Wors.  Maj.  Hathorne  17  weeks  at  2s.  p  week  each,  4li. 
5s.;  for  one  of  the  Indians  Twenty  fower  weeke,  more,  Since 
the  other  dyed,  3li.;   total,  71i.  5s. 

jMoses  Litell,  aged  about  nineteen  years,  and  Joseph  Poore, 
aged  about  twenty-two  years,  testified  that  Mathew  Legro 
was  a  servant  to  Elisha  Ilslie  when  he  was  pressed  for  the 
war,  that  he  was  a  covenant  servant  and  was  bound  to  serve 
as  an  apprentice  from  about  the  beginning  of  May,  1675  for 
two  years  and  six  months  to  learn  his  trade.  Sworn,  June  22, 
1676,  before  Daniel  Denison.| 

Owing  to  Mathew  Logrow:  by  Mr.  Short,  10s.;  by  Jno. 
Celly,  5s.;  by  Peter  Tapon,  6s.;  by  Dan.  Lunt,  41i.  4s.;  by 
his  wages  for  his  being  a  souldier,  141i. ;  mony  in  his  Chest, 
Hi.;    clothing  in  his  chest,   21i.;    total,   221i.  5s.     Account  of 

lAutograph. 


1676]  RECORDS    AND    FILES  189 

Moses  Vowden  and  his  wife,  presented  for  fornication 
before  marriage,  were  sentenced  to  be  whipped,  the  man 
twenty  stripes  and  the  woman  fifteen,  or  pay  a  fine. 

Whereas  an  account*  was  brought  into  court  of  the  estate 
of  Ellenor  Robinson,  deceased,  by  Mr.  Henry  Bartholmew, 
administrator,  there  being  25s.  left  of  the  estate,  said  adminis- 
trator was  allowed  15s.  for  his  pains  and  the  other  10s.  was 
to'  be  paid  to  Mr.  Edmund  Batter  toward  his  debt. 

Peeter  Cheevers  and  his  wife,  presented  upon  suspicion 
of  perjury  in  taking  an  oath  about  a  lock  upon  the  door  of 
Robert  Stone  were  fined  and  disenabled  from  giving  oath 
during  the  court's  pleasure.  They  were  to  pay  costs  of  wit- 
nesses, Mr.  Batter,  Hilliard  Veren,  George  Hacker  and  Ben- 
jamin Smale.f 

what  he  owed  to  Mr.  Adkinson,  31i.;  Capt.  White,  12s.  3d.; 
Mr.  Thomas  Woodbridge,  4s.;  George  Major,  19s.;  widdow 
Moody,  17s.;  total,  5K.  12s.  3d.  Nathaniell  Brickett  de- 
clared that  what  was  due  to  Mathew  Lougrow  he  had  given 
to  him. 

William  Fannen,  aged  about  thirty  years,  deposed  that 
immediately  before  Mathu  Groe  went  away  toward  Hadly 
as  a  soldier,  he  was  witness  to  a  will  made  in  favor  of  Nath- 
aniell Bricket  of  Newbery,  but  he  did  not  have  time  to  finish 
it  and  told  deponent  that  he  gave  his  estate  to  said  Bricket 
in  consideration  of  his  kindness  and  charges  during  his  sick- 
ness. John  Michell,  aged  about  twenty-five  years,  testified 
to  the  same.     Sworn,  June  26,  1676,  before  Daniel  Denison.J 

Richard  Dole  testified  that  he  was  also  a  witness  to  the 
same  and  that  Grow  asked  him  at  deponent's  house  just  as 
the  soldiers  were  marching  awa3^     Sworn  in  court. 

*Edmond  Batter's^  account  of  the  estate  of  Elinor  Robin- 
son deceased,  dated  21:5:1675:  Creditor  to  mony  Re- 
ceived of  Goody  Mascall,  Hi.  16s. ;  to  mony  Reed,  of  my  wife, 
31i.  19s.;  for  hire  of  2  Cowes,  Hi.  8s.;  to  2  Cowes  that  being 
killed  come  to  41i.  5s.;  total,  IIH.  8s.  Debter:  to  Capt. 
Joseph  Gardner,  expense  of  her  buriall,  7s.  8d.;  paid  for  her, 
15s.  4d.;  total,  Hi.  3s.  Edmund  Batter'sJ  receipt  for  91i. 
in  silver,  dated  Aug.  6,  1675,  from  Mr.  Henry  Bartholmy 
for  a  debt  due  from  Elinor  Robinson. 

fEdmund  Batter,  aged  about  sixty-eight  years,  deposed 
that  with  the  key  presented  unto  the  honored  court,  he  did 
lock  and  unlock  and  open  and  shut  the  door  of  that  house 

$  Autograph. 


190  SALEM    QUARTERLY    COURT  [July 

Giles  Cory,  presented  upon  suspicion  of  abusing  the  body 
of  Jacob  Goodell  by  beating,  was  fined,  and  ordered  to  pay 
witnesses,  Mr.  Endecott,  Elisha  Cabee,  Lett  Kellom,  Wm. 
Benett,  Jon.  Procter  and  Samll,  Pope.* 

that  was  lately  in  the  possession  of  Willm.  Reevs  before  Mr. 
Veren  and  George  Hacker. 

Ed.  Batterf  testified,  28  :  4  :  1676,  that  he  unlocked  the 
door  of  the  house  in  which  William  Reeves  lately  dwelt  in 
order  to  take  possession. 

Benjamin  Small, f  aged  about  thirty  years,  testified  on 
July  17,  1676,  that  there  was  a  great  new  lock  on  the  door 
when  Mr.  Batter  came,  but  shortly  after  the  great  lock  was 
taken  off  and  a  small  lock  that  was  on  the  stable  door  was 
put  on.     Sworn  in  court. 

Peter  Cheever  and  wife  Lidia  testified  that  when  Mr.  Batter 
on  8  :  12  :  1675  went  into  the  house,  etc.  Also  that  the  lock 
that  is  now  upon  deponent's  cellar  door  was  at  that  time 
upon  the  cellar  door  or  in  the  house  that  said  Cheever  now 
lives  in.  Sworn,  13  :  1  :  1675,  before  Wm.  Hathorne.f  Copy 
made  by  Wm.  Hathorne,t  assistant. 

Hiliard  Verin,  sr.,  deposed  that  going  along  in  the  street, 
he  saw  Mr.  Batter  coming  from  Peter  Cheever's  house,  etc. 
He  heard  the  bolt  go  by  as  he  turned  the  key,  etc.  Sworn, 
13  :  1  :  1675,  before  Wm.  Hathorne.f  Copy  made  by  Wm. 
Hathorne,t  assistant. 

Georg  Haker  testified. 

*Mary  Gory,  aged  about  fifty  years,  testified  that  Elizabeth, 
wife  of  Zakarrey  Goodell,  "being  at  my  house  I  axed  har 
wether  har  brother  in  Loy  Jacob  goodell  had  not  bene  att 
har  house  and  she  sade  yese  I  asked  har  what  mischef  he  ded 
thare  and  she  sade  he  got  in  to  the  seler  and  got  apels  she 
sade  har  housband  was  a  Coming  in  with  a  Loge  of  wood 
he  Lade  dound  the  Loge  and  tooke  up  a  stok  and  pade  hem 
to  som  porpos  that  she  thot  he  wold  never  Com  thare  agane 
this  was  about  ten  dayes  before  he  hort  his  arme  John  Parker 
being  thare  a  ciling  of  hoges  and  dous  testyfi  to  the  same 
wordes  that  is  above  Righen." 

Elisha  Kebee,t  aged  about  twenty-eight  years,  testified 
at  Salem,  June  28,  1676,  that  a  little  before  Jacob  Goodall's 
death,  he  saw  Gills  Core  unreasonably  beat  said  Jacob  with 
a  stick  of  about  an  inch  through  and  that  with  the  great  end 
of  the  stick  he  struck  him  nearly  a  hundred  blows  which  so 
grieved  deponent  that  he  ran  to  Corie  and  told  him  he  would 
knock  him  down  if  he  did  not  forbear.     Sworn  in  court. 

fAutograph. 


1676]  RECORDS    AND    FILES  191 

Thomas  Clearke,  presented  for  cursing  his  wife,  was  fined. 
Josia  Sothwick  was  fined  upon  his  presentment  for  bringing 

Lot  Killum*  affirmed  at  Salem,  June  28,  1676,  before  the 
grand  jury  that  Jacob  Goodall  told  him  upon  his  death  bed 
that  John  Parker,  Corie's  son-in-law,  struck  him  with  the 
side  of  a  bed. 

Nathanel  Felton,  Francis  Nurse,  Anthony  Buxton,  Michel 
Shaflin,  Jeremy  Meacham,  John  Traske,  Thomas  Smal, 
Samuel  Very,  Thomas  Preston,  John  Cooke,  Joshua  Rea, 
and  Eleazer  Giles,  chosen  by  the  constable  to  view  the  body 
of  Jacob  Goodale,  made  return  that  "we  finde  seueral  wrongs 
he  hath  had  in  his  body  as  upon  his  left  arme  and  upon  his 
right  thigh  a  great  bruise  w''^  is  very  much  swold  and  upon 
the  reynes  of  his  backe  in  colour  differinge  from  the  other 
parts  of  his  body  we  caused  an  incision  to  be  made  much 
bruised  and  Run  w*^  a  gelly  and  the  skin  broke  upon  the 
outside  of  each  buttocke."  This  return  was  made  to  Wm. 
Hathorne,*  assistant. 

Jno.  Procter,  aged  about  forty  years,  deposed  that  Giles 
Coarye  owned  to  him  that  he  beat  Jacob  Goodale  while  Elisha 
Kebbe  was  present.  Also  that  the  sixth  day  before  the  soldiers 
went  to  Narrigansett,  deponent  noticed  that  Jacob  looked 
very  lusty  and  well,  as  he  had  been  for  many  years.  On  the 
third  day  of  the  week  following  Zachary  Goodale  and  Goody 
Coary  brought  the  said  Jacob  to  deponent's  house  and  said 
that  Jacob  went  "very  ravel,"  stooping,  with  his  eyes  sunken 
in  his  head  and  looked  very  pale.     Sworn  in  court. 

Zeckary  Goodall,  aged  about  thirty  years,  deposed  that 
about  the  beginning  of  last  December,  it  being  the  time  that 
the  soldiers  went  out  against  the  Narragansetts,  Giles  Corey 
came  to  his  house  and  desired  him  to  go  with  deponent's  brother 
Jacob  to  the  town  to  Mrs.  Mole,  for  he  had  had  a  fall  and 
he  was  afraid  had  broken  his  arm.  Because  the  way  was 
slippery  and  his  horse  not  caulked,  said  Corey  could  not  ride 
himself.  "So  I  went  home  to  Giles  Coreys,  &  finding  after 
we  were  going  to  y^  towne,  that  he  went  so  badly,  I  asked  him 
if  he  had  no  other  hurt  besides  his  arme  but  he  would  not  tell 
me,  whereupon  I  went  back  to  Giles  Coreys,  &  desired  that 
somebody  might  goe  along  with  us  to  towne,  for  I  would  not 
goe  Avith  him  alone,  whereupon  goody  Corey  went  with  us, 
but  how  M""^  Mole  found  him,  she  is  best  able  to  testify  her 
selfe  but  for  my  owne  part,  I  Cannot  say  that  euer  I  saw  him 
beat  or  wrong  my  brother,  but  he  hath  beene  very  much 
beaten  &  wronged  to  by  report." 

*Autograph. 


192  SALEM    QUARTERLY    COURT  [July 

the  wife  of  John  Smith  on  Lord's  day  to  speak  to  the  people 
to  the  great  disturbance  of  the  people,  and  upon  penalty  of 
30s.  was  ordered  to  bring  Goody  Smith  tomorrow  in  the  morn- 
ing before  the  court. 

The  wife  of  Henry  Traske  was  fined  upon  her  presentment 
for  making  a  disturbance  among  the  people  as  they  came  out 
of  meeting. 

John  Whitterig,  being  slain  in  the  wars  against  the  Indians, 
dying  intestate,  administration  was  granted  to  John  Baxter, 
who  was  to  bring  in  an  inventory  to  the  next  court. 

The  selectmen  of  Marblehead,  petitioning  to  this  court  that 
one  Phillip  Welch,  an  inhabitant  of  Topsfeild,  had  lately 
removed  into  their  town,  who  was  very  poor  and  likely  to  be 
chargeable  to  their  town,  declared  that  it  was  without  the 
consent  of  the  selectmen  and  most  of  the  inhabitants  and  they 
disowned  him  as  an  inhabitant.* 

John  Bly  and  George  Thomas,  for  frequent  absence  from  the 
public  worship  of  God,  were  admonished. 

John  [Thomas.  —  Waste  Book.]  Buffington,  Moses  Aborne, 
John  [Robert.  —  Waste  Book.]  Wilson  and  John  Whiffin  were 
dismissed  upon  their  presentments. 

John  Robinson  confessing  that  he  had  attended  a  meeting 
[at  Josiah  Soth wick's  house  —  Waste  Book.],  also  at  Joseph 
Boyce's  several  times,  was  fined,  and  being  convicted  for  not 

*The  men  chosen  by  the  selectmen  of  Marblehead,  Moysese 
Mavericke,  Ambrose  Gale,  Richard  Norman,  Richard  Rieth 
and  William  Beale,  to  inspect  private  houses:  Nathaniell 
Walton,  Thomas  Smith,  Thomas  Pitman,  Richard  Reede, 
Edward  Holeman,  John  Waldron  and  Edward  Reade. 

Petition,  dated  July  14,  1676,  of  William  Beale  and  Richard 
Rieth,  for  the  selectmen  of  Marblehead,  to  the  court:  "where- 
as the  lawes  of  this  common  wealth  ordereth  that  euery  Towne 
shall  prouide  for  their  oAvne  poore;  phillip  welch  of  Topsfeild 
being  reputed  A  very  poore  man  &  of  late  com  with  his 
Family  into  our  Towne  of  Marble  Head  u'ithout  Leaue  ob- 
tained from  either  Towne  or  selectmen,  also,  beeing  ackcording 
To  our  towne  order  warned  either  to  depart  or  giue  bond 
for  ye  Townes  secuitie  hee  refusing  to  doe  either,  wee  doubte 
not  but  this  honnoured  court  will  giue  releeffe  against  this 
iniust  intrusion." 


1676]  RECORDS    AND    FILES  193 

frequently  attending  the  public  worship  of  God,  was  admon- 
ished. 

Isabel!  Pudeater,  wife  of  Jacob,  was  sentenced  to  be  whipped 
with  fifteen  stripes,  upon  her  presentment  for  drinking,  unruly 
carriage  and  abusing  her  husband  and  his  goods.* 

William  Bowditch,  by  his  letters  and  answers,  gave  such 
satisfaction  to  the  court  for  not  going  home  to  his  wife,  that 
he  was  dismissed. 

Goody  Bates,  upon  her  presentment,  was  admonished. 

Edward  Bringell,  presented  for  abusing  and  challenging 
Goody  Bates  out  of  her  house  and  calling  her  vile  names  was 
ordered  to  be  whipped  ten  stripes.  They  were  to  psLy  charges 
equally,  to  Samuell  Golthwrite,  3s.,  Tho.  Cooper,  3s.,  Will. 
Adams,  3s.,  horse  hire,  Is.,  Constable  Giles,  3s.t 

Whereas  there  was  a  complaint  made  against  Mr.  John 
Blanoe  by  Mrs.  Elizabeth  King  that  said  Blanoe  withheld 
a  parcel  of  land  that  belonged  to  his  children,  which  were  by 
her  daughter  the  said  Blanoe's  late  wife,  but  not  appearing, 
he  was  ordered  to  appear  at  the  next  Ipswich  court,  and  not 
to  make  any  waste  of  the  wood  or  timber  growing  upon  said 
land. 

Whereas   there   was    a   complaint   made   by    Wm.    Curtice 

*John  Baker,  aged  about  thirty-six  years,  and  his  wife 
Jone,  aged  about  thirty  years,  deposed  that  living  near  Isable 
Pudator,  wife  of  Jacob  Pewdator,  they  knew  her  to  be  a 
brawling  and  contentious  woman,  &  ''how  y*  she  carieth 
both  to  her  husband  &  her  neighbours  in  her  Line  &  con- 
versation neither  as  y^  Law  of  god  or  man  requireth."  Also 
that  they  had  heard  her  threaten  to  be  the  death  of  her  hus- 
band and  burn  his  house.     Sworn  in  court. 

fJno.  Vpton,  aged  twenty-one  years,  deposed  that  as  he 
was  going  along  the  highway,  he  saw  Goodman  Shafflin's  ser- 
vant passing  along  before  him  about  ten  rods  distant  and 
as  he  went  by  Bateses  house,  Bateses  wife  went  out  and  beat 
him.  After  the  boy  cried  out,  she  beat  him  again  several 
times.     Sworn  in  court. 

Samuell  Goldthwait,  aged  thirty-seven  years,  testified 
that  he  saw  Edward  Pringell  (or  Tringle),  servant  to  Mihell 
Shaflin,  fling  a  stone  violently  at  the  door  side  of  the  house  of 
Goody  Bates  and  heard  him  call  her  vile  names,  etc.  Sworn 
in  court. 


194  SALEM    QUARTERLY    COURT  [July 

against  his  servant  Jacob  Preston,  for  leaving  his  service, 
court  ordered  that  said  Jacob  serve  out  his  time  according 
to  indenture,  and  also  three  months  more  in  consideration 
of  the  time  lost.  It  was  to  be  understood  that  said  Curtice 
was  to  keep  him  at  work  at  the  trade  of  a  blacksmith,  and  each 
party  to  pay  his  own  charges.  Tho.  Preston  was  to  bear  said 
Jacob's  charges.* 

Thomas  Greene,  the  reputed  father  of  Remember  Samons' 
child,  bound  over  his  ten  acres  of  land  that  he  had  lately 
received  from  the  town,  as  security  for  the  payment  for  the 
keeping  of  the  child  from  the  time  it  was  born  until  he  should 
take  away  the  child  into  his  own  keeping  at  the  rate  of  3s. 
per  week,  which  is  to  be  within  one  month's  time. 

Edward  Berry  and  Betteris  his  wife,  presented  for  not 
living  together  as  man  and  wife,  were  ordered  to  live  together 

*William  Cortis'  petition:  "about  22  months  since  I  bought 
a  saruant  of  Thomas  Chandler  of  Andouer  Jacob  Prasson 
by  name  for  about  three  yares  and  a  halfe  time  my  saruant 
continued  with  me  about  alauen  months  my  family  at  that 
time  being  very  sick  and  Jacob  not  being  very  well  I  gaue 
him  leue  and  lent  him  my  horse  to  goe  to  Andouer  to  be  a 
while  amongst  his  friends  but  being  taken  sick  by  the  way  at 
his  Brother  there  he  lay  for  som  time  after  he  recouered  he 
went  to  Andouer  to  his  father  Holts  where  I  was  willing  he 
shud  be  a  while:  but  in  the  begining  of  the  last  winter  I  sent 
for  my  man  to  com  hom  and  he  came  hom  and  there  told 
me  that  while  he  was  at  his  father  Holts  he  had  groned  3  : 
or  4  bushells  of  corne  for  me  and  it  was  thire  redy  so  I  let 
him  haue  my  horse  to  fech  it  hom  thire  he  keept  my  horse 
about  on  weeke  and  then  sent  hom  my  horse  without  corne 
and  also  sent  me  word  he  whould  not  com  agan  to  me  and 
ever  senc  at  times  I  haue  ofen  sent  to  him  and  som  times  by 
axsident  I  haue  meet  with  him  and  spake  to  him  to  com  to 
me  and  follow  my  ocasions,  which  he  hath  from  time  to  time 
refused  so  that  I  ame  gratly  damnyfied  for  wont  of  his  1 1  labor  1 1 
my  dependenc  being  upon  him  to  help  me  here  in:  as  also  that 
this  honoured  court  whould  be  plesd  to  send  for  Thomas 
Presson  who  hath  the  couinent  or  indentuer  that  showes  the 
right  I  haue  in  my  saruant  it  being  commeeted  to  him  to 
keep  till  it  was  caled  for  by  partyes  consarned  and  now  altho 
I  haue  myself  and  Thomas  Chandler  togather  demanded  the 
indentter  of  the  s^  presson  yet  he  refuseth  to  deliuer  it  for 
which  rong  I  humbelly  crafe  the  help  of  this  honnored  court." 


1676]  RECORDS   AND    FILES  195 

according  to  God's  ordinance  within  one  fortnight  upon 
penalty  of  51i.  fine.* 

Isasack  Williams,  petitioning  to  be  freed  from  the  troop 
because  of  his  bodily  weakness,  was  dismissed  provided  he 
attend  the  foot  company. 

Whereas  there  was  entered  in  the  inventory  of  Jeffery 
Thistle,   deceased,   31i.   6d.  in  old  England  money  and  New 

*Betterice  Berry's  petition,  concerning  not  living  with  her 
husband  Edmond  Berry:  "I  can  proue  by  Testimony  ver- 
bally &  also  by  writing  under  his  hand  ye  conditionall  coven' 
made  Between  us  before  o'  marriage,  ye  wch  Coven*  at  ye 
Tyme  of  o"^  marriage  was  acknowledged  before  ye  honored 
Major  Hathorne;  &  likewise  I  can  make  proofe  by  John 
Glouer  whom  he  employed  to  come  to  me  as  a  Friend  to  speake 
in  his  behalf;  that  ye  sd  Edm.  Berry  desired  nothing  of  my 
estate  he  desired  nothing  but  my  person;  but  alas  how  he 
carried  it  to  me  afterwards  I  know  y®  Towne  &  Country  hath 
rung  of  it,  &  that  it  cannot  otherwise  be  but  yo""  worships 
must  of  necessity  haue  heard  of  his  base,  brutish  &  Inhumane 
carriage  to  me  being  trulj^  such  as  was  Impossible  for  any 
poore  woman  specially  a  woman  of  my  Age  to  liue  with  such 
a  person  &  this  I  can  bring  proof  of  to  ye  honord  Court  that 
he  did  tell  Jn°  Glouer  that  if  I  would  not  giue  up  ye  writings 
that  were  made  between  us  he  would  make  me  weary  of  my 
life  &  so  indeed  I  found  it;  &  so  at  Length  with  his  consent 
we  parted;  &  now  I  haue  declared  myself  as  breifly  as  I  could; 
&  doe  desire  to  ly  at  ye  mercy  of  ye  court,  for  what  euer  I 
suffer  I  am  not  able  to  liue  with  such  a  Tyrant." 

Christopher  Waller,  aged  about  fifty-seven  years,  deposed 
that  having  been  in  discourse  with  Goodman  Plummer,  the 
former  husband  of  Betterice  Berry,  he  told  deponent  that 
he  lived  as  comfortably  with  her  as  a  man  could  desire  and 
if  he  had  sought  all  the  world  over  he  could  not  have  had  a 
better  wife.  Deponent  also  knew  that  she  lived  comfortably 
with  both  husbands,  but  he  heard  Edmond  Berry  say  to  her 
that  she  should  never  live  a  quiet  hour  with  him  unless  she 
burned  the  writings,  etc.     Sworn  in  court. 

Elizabeth  Price,  aged  about  sixty  years,  and  Elizabeth 
White,  aged  about  seventy  years,  testified  that  being  at  the 
house  of  Edward  Berry  and  being  sensible  of  Goodwife  Berry's 
want  of  help  and  conveniences,  they  asked  him  whether  he 
were  willing  that  she  should  leave  him  and  go  elsewhere. 
He  replied  yes,  with  all  his  heart. 

Richard  Croad,  aged  about  forty-nine  years,  deposed. 


196  IPSWICH    QUARTERLY    COURT  [Sept. 

England  coin,  which  money  was  left  in  the  hands  of  Henry 
Hayman  and  there  being  testimony  given  in  that  the  said 
money  was  ordered  before  the  death  of  said  Thistle  to  be 
delivered  to  his  daughter  in  England,  and  Hayman  promising 
to  do  so,  it  was  ordered  that  the  said  sum  be  discounted  as 
so  much  paid  upon  the  said  inventory. 

Fined  by  Major  Hathorne  from  June,  1675  to  June,  1676:* 

Verdicts  brought  in  for  the  June  term,  1676. 

On  6  :  7  :  1675,  Mordecay  Larcum,  for  taking  a  canoe. 

James  Shaw,  for  drunkenness  the  second  time. 

Edward  Counter,  for  abusing  the  constable. 

On  22  :  11  :  1675,  Wm.  Curtice,  for  affronting  the  constable. 

John  Guppy,  for  abusing  "one  the  preson","  and  John 
Dicer  for  the  same  but  with  more  violence  and  entering  the 
house. 

On  5  :  4  :  1676,  Jon.  Williams'  wife,  for  breach  of  the  peace. 

Nathaniell  Pitman,  jr.,  for  breach  of  the  peace. 

Court  held  at  Ipswich,  Sept.  26,  1676. 

Judges:  Mr.  Symonds,  Dep.  Gov.,  Major  Genrll.  Denison 
and  Major  Hawthorne. 

Grand  jury:  Lift.  Jonath.  Wade,  Edward  Chapman,  Thomas 
Low,  sr.,  Daniell  Hovy,  Walter  Roper,  Robert  Long,  James 
Ordway,  John  Keyly,  James  Bayley,  Georg  Kilbourne,  Abra- 
ham Redington,  George  Abbott,  Isaack  Comings,  and  Samuell 
Worster, 

Jury  of  trials:  Capt.  Jo.  Whipple,  Daniell  Warner,  Wm. 
Story,  Joseph  Goodhue,  Tho.  Low,  jr.,  Sergt.  Tho.  Waite, 
Sergt.  Dan.  Pearce,  Sergt.  Caleb  Moody,  Wm.  Morse,  John 
Palmer,  Sam.  Platts  and  Wm.  Averill. 

On  Apr.  17,  1676,  Laurance  Clenton  acknowledged  judg- 
ment to  Mr.  Francis  Wainwright  in  wheat,  pork  or  barley. 

Jonathan  Hart,  in  behalf  of  himself  and  sisters  v.  John 
Peach,  jr.  Review  of  a  case  tried  at  Ipswich  in  March,  1673. 
As  this  case  had  been  heard  at  the  General  Court,  court  would 
not  allow  it  to  be  heard  here,  but  ordered  them  to  repair  to  the 

*List  of  persons  fined,  returned  by  Wm.  Hathorne,t  assistant. 
tAutograph. 


1676]  RECORDS    AND    PILES  197 

General  Court  for  a  new  hearing  or  to  have  it  referred  to 
some  other  court  by  the  General  Court  for  a  hearing. 

Thomas  Gardner  v.  Mr.  Shuball  Walker.  Debt.  Verdict 
for  plaintiff.* 

John  Emery  v.  Benjamin  Thomson,  administrator  of  the 
estate  of  John  Godfry,  Debt.  Verdict  for  plaintiff.  Ap- 
pealed to  the  next  Court  of  Assistants  at  Boston.  Benjamin 
Tompson  bound,  with  Moses  Chadwell  and  Lift.  Richard 
Way  as  sureties. 

Steephen  Crose  v.  Moses  Chadwell.     Verdict  for  plaintiff. f 

*Writ:  Thomas  Gardner,  jr.  v.  Capt.  Shuball  Walker; 
debt;  dated  Sept.  13,  1676;  signed  by  Hilliard  Veren,t  for 
the  court;  and  served  by  Henry  Skerry,|  marshal  of  Salem. 
Bond  of  Shu.  Walker.J 

Thomas  Gardnar's  bill  of  cost,  lU.  6s.  5d.  Mr.  Dudly 
Brodstret  mentioned. 

Bond,  dated  Andover,  Oct.  16,  1672,  given  by  Shu.  WalkerJ 
of  Bradford,  gentleman,  to  Thomas  Gardner,  jr.,  of  Salem, 
shoemaker,  for  31i.  10s.  in  provisions,  in  satisfaction  of  all 
debts  between  said  Gardner  and  George  Cross,  said  Gardner's 
servant.     Wit:    Dudley  Bradstreetf  and  Benjamin  Gerrish.J 

fWrit:  Stephen  Cross  v.  Moses  Chadwell;  for  not  perform- 
ing his  part  of  a  covenant  concerning  the  sloop  called  the 
Adventure;  dated  Sept.  14,  1676;  signed  by  Robert  Lord, J 
for  the  court;  and  served  by  John  Lee, J  deputy  for  Robert 
Lord,t  marshal  of  Ipswich,  by  attachment  of  a  piece  of  pasture 
land  of  defendant's. 

Steven  Cross'  bill  of  cost. 

Robert  Lord,  marshal,  deposed  that  he  served  the  attach- 
ment which  was  for  work  done  on  Cross's  sloop  in  Quarter- 
master Perkins'  new  room,  etc.     Sworn  in  court. 

Robert  Duch,  sr.,  testified  that  he  was  in  Boston  the  last 
February  when  there  came  one  William  Hamelton,  a  merchant, 
to  him  and  inquired  where  he  might  hire  a  small  vessel  of 
20  tons  or  thereabouts.  Deponent  directed  him  to  Steeven 
Crosse  with  whom  he  bargained,  agreeing  to  pay  him  121i. 
10s.  per  month  in  current  silver  of  New  England.  Sworn, 
Sept.  22,  1676,  before  Daniel  Denison.J 

Samuell  Duch,  jr.,  aged  about  twenty-four  years,  deposed. 
Sworn,  Sept.  22,  1676,  before  Daniel  Denison.J 

Robert  Crosse,  jr.,  aged  thirty-four  years,  deposed  that  the 
covenant  between  his  brother  Steeven  and  Chadwell  was  never 

JAutograph. 


198  IPSWICH    QUARTERLY    COURT  [Sept. 

Robert  Crose  v.  Jo.  Cogswell,  administrator  of  the  estate 
of  Samuell  Cogswell.  Debt  for  a  steer,  in  corn  and  money. 
Verdict  for  plaintiff.* 

fulfilled,  for  the  latter  was  bound  to  gunwale  the  sloop  and 
make  it  fit  for  the  sea  which  he  never  did  but  kept  the  vessel 
a  long  time.     Sworn  in  court. 

Benjamin  Chadwell,  aged  about  thirty-four  years,  deposed 
that  there  was  a  bargain  between  Moses  Chadwell,  Steeven 
Cross  and  Samll.  Cogswell  for  the  rebuilding  of  the  sloop 
and  that  Cross  and  Cogswell  provided  iron  work,  tar  and 
okum.     Sworn,  18  :  7  :  1676,  before  Wm.  Hathorne,t  assistant. 

William  Bateler,  aged  about  twenty-five  years,  deposed 
that  in  1672  about  the  middle  of  the  winter,  he  was  in  Boston 
and  met  Steeven  Cross  buying  nails  and  speeks  which  deponent 
took  to  Line  where  the  sloop  lay,  according  to  Cross'  request. 
Sworn,  Sept.  21,  1676,  before  Daniel  Denison.f 

Thomas  Kemble,  aged  about  fifty-six  years,  deposed  that 
he  wrote  the  covenant  in  which  Cross  was  to  deliver  to  Chad- 
well  boards  at  Mr.  Ralph  King's  cove  or  landing  place,  which 
boards  they  said  were  to  have  been  delivered  at  a  creek  called 
Driver's  creek.  Deponent  further  remembered  that  upon 
signing  the  covenant  they  agreed  that  the  old  covenant  which 
was  in  one  Domingo  White's  hand  was  to  be  void.  Sworn 
23  :  7  :  1676,  before  Thomas  Clarke,t  commissioner. 

Ezekiell  Needham,  aged  about  thirty  years,  deposed  that 
being  in  Boston  he  was  a  witness  to  the  second  covenant,  etc. 
Sworn,  25  :  7  :  1676,  before  Wm.  Hathorne,t  assistant. 

Domingoe  White  deposed.     Sworn  in  court. 

Samuell  Tarbox,  aged  about  twenty-nine  years,  deposed 
that  Stephen  Crosse  lodged  at  Lynn  on  account  of  the  sloop 
not  being  finished  from  the  middle  of  March  to  Apr.  22,  1673. 
Sworn  in  court. 

*Writ,  dated  Sept.  20,  1676,  signed  by  Robert  Lord,t  for 
the  court,  and  served  by  Robert  Lord,t  marshal  of  Ipswich. 

Agreement,  dated  Nov.  23,  1672,  between  Steeven  Crossef 
and  Samuell  Cogswellf  of  Ipswich  on  one  part  and  Moses 
Chadwellf  of  Lynn  on  the  other  part,  the  latter  "to  build 
upon  a  Sloop  Caled  y^  aduenf^  which  now  Lays  in  Drivers 
Creak  Y*  is  to  say  one  streak  of  nine  inches  broad  Round 
fore  &  haft  &  to  bring  on  a  Rayle  &  leaue  an  opening  of  fowr 
Inches  betwix  y^  planke  &  y«  Rayle  &  to  gonell  out  to  y^  Rayle 
fore  &  hafet  &  to  sporkett  her  worke  man  Lik  &  to  greaue  her 
&  mak  her  fitting  to  y^  sea,"  Crosse  and  Cogswell  to  provide 

t  Autograph. 


1676]  RECORDS    AND    FILES  199 

Edmond  Marshall  v.  Mr.  Thomas  Saxton.  For  with- 
holding 121i.  Verdict  for  plaintiff.  John  Jacob,  attorney 
to  Mr.  Daniell  and  Mr.  Saxton,  appealed  to  the  next  Court 
of  Assistants  at  Boston  and  was  bound,  with  Capt.  John 
Whipple  and  Quartermaster  Perkins,  as  sureties.* 

all  iron  work,  tar  and  okum  and  to  pay  61i.  in  pine  boards 
delivered  at  Driver's  creek  at  Lynn  at  lli.  15s.  per  M.  Wit: 
Domingoe  Whitef  and  Samuell  Tarbox.f     Owned  in  court. 

Bond  of  Roberte  Crosse, f  dated  Oct.  29,  1675  to  pay  to 
John  Cogswell  the  income  of  291i.  for  ten  months  provided 
the  court  recovered  against  him.  Wit:  John  Andrewesf 
and  William  Goodhue. f 

*Writ:  Edmond  Marshall  v.  Mr.  Tho.  Saxton;  for  with- 
holding 121i.  for  wages  in  the  ship  Apollo  of  which  he  is  com- 
mander; dated  Aug.  22,  1676;  signed  by  Elias  Stileman,t 
for  the  court;  and  served  by  Israeli  Phillips,!  constable  of 
Portsmouth.  Capt.  Thomas  Daniell  bound  for  said  Sax- 
ton's  appearance. 

Thomas  Saxton's  bill  of  cost,  18s.; 

Edmon  Marshall's  bill  of  cost,  51i.  Is.  3d. 

Bill,  dated  Barbadoes,  July  1,  pd.  to  Edmond  Martial 
in  Barbadoes,  being  Money  Lent  By  Mr.  Abraham  Bartholo- 
mew, 8  peeces  of  8,  21i. ;  pd.  By  Thomas  Saxon  To  sd  Martiall 
20  p  in  money  in  Barbadoes  to  pay  25  p  Cent,  lli.  5s.;  pd.  to 
Mr.  Marsh  Innkeper  in  Newbery,  lli.  15s.  lid.  Pd.  To  sd. 
Mr.  Marsh  for  Benjamin  Martial,  IH.  12s.  6d. 

William  Esset  ahd  Oliver  Penney  testify  that  Benjamin 
Marshall  worked  at  carpenter's  work  and  caulking  from  the 
time  that  his  brother  Edmand  Marshall  came  to  work  upon 
the  ship  Apollo  at  Nubery  until  'the  ship  went  to  sea  on  May 
11,  of  which  Mr.  Thomas  Saxton  is  master.  Sworn  at  Great 
Island,  Aug.  21,  1676,  before  Elias  Stileman,t  commissioner. 

William  Isset,  aged  about  forty-nine  years,  deposed  that  he 
being  boatswain  of  the  ship  Apollo,  Thomas  Saxton,  com- 
mander, bound  for  Barbadoes,  and  which  set  sail  May  11, 
1676,  Edmund  Martiall  and  Benjamin  Martial  also  by  order 
of  Mr.  Abraham  Bartholomew  being  on  board,  the  latter  did 
not  perform  the  part  of  seamen  but  contrary  to  expectation 
were  not  fit  for  the  performance  of  their  duty  and  absented 
themselves  several  days  in  Barbadoes.  Sworn  at  Great 
Island,  Aug.  25,  1676,  before  Elias  Stileman,t  commissioner. 

Oliver  Penny,  aged  about  twenty-two  years,  deposed  that 
he  was  shipped  on  the  ship  Apollo  and  he  heard  the  Martialle 

t  Autograph. 


200  IPSWICH    QUARTERLY    COURT  [Sept. 

Nathaniell  Chapman  v.  Wm.  Healy.  Debt.  Verdict  for 
plaintiff.* 

say  that  they  were  no  seamen,  etc.     Sworn  at  Great  Island, 
Aug.  25,  1676,  before  Elias  Stileman,!  commissioner. 

Thomas  Saxon,  aged  about  twenty-eight  years,  testified  that 
he  was  commander  of  the  Apollo  which  set  sail  from  Newbery 
river  and  he  did  not  ship  the  Martialls  as  seamen.  Also  that 
they  absented  themselves  eight  days  and  nights  in  Barbadoes, 
and  when  the  ship  arrived  in  the  river  of  Piscataqua  in  New 
England  on  July  31,  both  men  left  the  ship.  Sworn,  Sept.  8, 
1676,  before  Richard  Martyn,t  commissioner. 

Samuell  Loell,  aged  about  twenty-nine  years,  testified. 
Sworn  in  court. 

James  March,  aged  about  thirteen  years,  testified  that 
when  he  was  in  Barbadoes  he  heard  Mr.  Saxton  say  that  he 
would  pay  said  Marshall  his  wages  when  he  came  to  New 
England,  etc. 

William  Carr  of  Salisbury,  aged  about  twenty-eight  years, 
deposed  that  about  Mar.  13  or  14  last,  Thomas  Saxton  came 
aboard  the  Apollo,  which  was  lying  ashore  on  Marymack 
Island,  with  the  two  Martials  and  came  up  to  deponent  on 
the  deck  and  said  that  he  had  two  carpenters  now.  Also 
that  Saxon  and  Bartholmew  were  to  give  him  seven  shillings 
per  diem  in  money  to  work  upon  the  ship.     Sworn  in  court. 

Benjamin  Marshall,  aged  about  twenty-five  years,  testified 
that  Edmand  Marshall  went  to  work  upon  the  ship  at  Nubary 
some  time  between  Mar.  10  and  13.  Sworn  in  court. 
Benjamin  Marshall  deposed.  Sworn  in  court. 
William  Issett  and  Oliver  Penney  testified  that  Edmand 
Marshall  was  to  have  50s.  a  month.  Sworn,  at  Great  Island, 
Aug.  21,  1676,  before  Elias  Stileman,t  commissioner. 

James  Carr,  aged  about  twenty-six  years,  deposed  that  he 
having  occasion  to  go  aboard  the  ship  on  Mar.  13  or  14, 
she  lay  by  the  Island  side  at  deponent's  father's  where  the 
ship  was  graving.  Also  that  he  was  paid  5s.  3d.  for  work 
which  he  did.     Sworn  in  court. 

*Writ,  dated  Aug.  14,  1676,  signed  by  Robert  Lord,t  for 
the  court,  and  served  by  John  Heywood,t  constable  of  Con- 
cord. 

Nathll.  Chapman's  bill  of  cost.  Hi.  7s.  6d. 
Summons,   dated  Aug.   14,    1676,  for  William   Healy's  ap- 
pearance, signed  by  Robert  Lord,t  for  the  court.     Bond  of 
William  Healy,t  with  Samuel  Jones,t  as  surety. 

t  Autograph. 


1676]  RECORDS    AND    FILES  201 

Benjamin  Marshall  v.  Mr.  Thomas  Saxton.  For  denying 
a  debt.  Verdict  for  plaintiff.  John  Jacob,  attorney  to  Mr. 
Danill  and  Mr.  Saxton,  appealed  to  the  next  Court  of  Assist- 
ants at  Boston  and  was  bound.* 

Bill  of  sale,  dated  Oct.  18,  1675,  given  by  Nathanell  Chap- 
man of  Ipswich  to  William  Healy,  jr.,  of  Cambreg,  a  horse 
for  which  he  was  to  pay  31i.  in  silver;  signed  by  William 
Healy. t  Wit:  John  Chapmanf  and  Samuel  Chapman.f 
Sworn  in  court. 

*Writ:  Benjamin  Marshall  v.  Mr.  Thomas  Saxton,  com- 
mander of  the  ship  Apollo;  for  detaining  a  debt  due  for  work 
upon  the  ship  in  Rowley;  dated  Aug.  22,  1676;  signed  by 
Elias  Stileman,t  for  the  court;  and  served  by  Israeli  Phillips,} 
constable  of  Portsmouth. 

Thomas  Saxton's  bill  of  cost,  18s. 

Benjamin  Marshall's  bill  of  cost,  41i.  14s.  2d. 

Tho.  Woodbridge,  aged  about  twenty-eight  years,  deposed 
that  last  March  Mr.  Abram  Bartholomew  came  up  to  his 
house  in  a  rage,  saying  "I  wounder  you  doe  not  dispatch 
us  away  For  I  am  at  great  charge  hear,  for  as  long  as  Benj. 
marshall  works  on  the  vessill  ashoar  I  am  to  pay  him  so  much 
pr.  the  mounth  as  I  paid  him  for  you  before  the  uessill  was 
Lanched."  Deponent  had  heard  Bartholomew  many  times 
commend  the  Martials  for  their  work,  etc.  Sworn,  Sept.  26, 
1676,  before  Nath.  Saltonstall,t  commissioner. 

Edmand  Martiall,  aged  about  twenty-seven  years,  testi- 
fied.    Sworn  in  court. 

William  Issett  and  Oliver  Penny  testified.  Sworn  at  Great 
Island,  Aug.  21,  1676,  before  Elias  Stileman,t  commissioner. 

Hugh  March,  aged  about  fifty-five  years,  deposed  that  he 
found  by  his  book  that  Bengamin  Marsell  and  Edward  Mar- 
sell  came  to  his  house  for  diet  and  lodging  from  Mar.  12,  1675 
to  Mar.  25,  "and  his  wife  to  the  last  day  of  March,  1676.  The 
bill  was  Hi.  16s.  9d.  which  Mr.  Abraham  Barthellomew  dis- 
charged.    Sworn,  Sept.  23,  1676,  before  Daniel  Denison.f 

Samuell  Lowell,  aged  twenty-nine  years,  testified  that  Mr. 
Thomas  Saxton  sent  him  to  Ipswich  to  hire  Benjamin  Mar- 
shall, etc.     Sworn  in  court. 

Edmund  Marshall,  aged  about  twenty-seven  years,  testified 
that  when  he  was  in  Barbados,  etc.  His  brother  Benjamin 
mentioned.     Sworn  in  court. 

William  Esset,  aged  about  forty-nine  years,  testified  that 
Benjamin  Marshal  was  hired  for  30s.  per  month,  etc.     Sworn 

t  Autograph. 


202  IPSWICH    QUARTERLY    COURT  [Sept. 

Benjamin  Marshall  v.  Mr.  Thomas  Saxton.  For  withhold- 
ing money.  Verdict  for  plaintiff.  John  Jacob,  attorney  to 
Mr.  Daniel  and  Mr.  Saxton,  appealed  to  the  next  Court  of 
Assistants,  and  was  bound  with  Capt.  John  Whipple  and 
Mr.  John  Perkins,  as  sureties.* 

Moses  Pengry  v.  Steephen  Hascott.  Debt.  Verdict  for 
plaintiff. t 

Jonathan  Haines  v.  Peter  Tappan.  Unjust  molestation. 
Withdrawn. 

Benjamin  Lowle  v.  Capt.  Wm.  Gerrish.  For  withholding 
a  true  account.  Verdict  for  defendant.  Appealed  to  the  next 
Court  of  Assistants  at  Boston.  Benjamin  Lowle  bound  with 
Mr.  Richard  Dumer  and  Caleb  Moody,  as  sureties.  J 

at  Great  Island,  Aug.  21,  1676,  before  Elias  Stileman,§  com- 
missioner. Edmund  Marshall  testified  to  the  same.  Sworn 
in  court. 

James  Carre,  aged  about  twenty-six  years,  deposed.  Sworn 
in  court. 

*Writ,  dated  Aug.  22,  1676,  signed  by  Elias  Stileman,§ 
for  the  court,  and  served  by  Israeli  Phillips, §  constable  of 
Portsmouth. 

Bengamen  Marshall's  bill  of  cost,  41i.  15s.  4d. 

Thomas  Saxton's  bill  of  cost,  18s. 

fCopy  of  bond,  dated  Mar.  17,  1674,  given  by  Stephen 
Haskott  of  Salem,  soapboiler,  to  Moses  Pengry,  sr.,  of  Ipswich, 
for  601i.,  in  money,  English,  French  and  West  India  goods,  in 
consideration  of  a  sloop  bought  of  said  Moses  not  yet  delivered. 
Wit:  Moses  Pengry,  jr.,  and  Aron  Pengry,  jr.  Owned  in 
court.  There  was  received  in  money  lOli.,  of  which  he  had  a 
receipt  from  John  Pengrye.  Upon  agreement  made  by  Moses 
Pengry  and  Steeven  Haskett  to  alter  the  vessel  by  said  Stee- 
phen's  account,  lOli.  were  abated,  and  said  Moses  discharged 
of  the  former  engagement,  only  providing  timber  work  for 
launching  and  plank  that  the  vessel  needed  for  her  fitting  out. 
Wit:  Moses  Pengry,  jr.  and  Aron  Pengry,  jr.  Owned  in  court. 
Copy  made  by  Robert  Lord,§  cleric. 

I  Writ:  Benjamin  Lowle  v.  Capt.  William  Gerrish;  for 
withholding  a  true  account  of  plaintiff's  father  John  Lowle's 
estate,  as  executor,  and  his  mother's  estate,  as  overseer,  and 
for  disposing  of  some  of  the  estate  contrary  to  a  court  order 
dated  Oct.  20,  1658;   dated  Sept.  20,  1676;   signed  by  Dudley 

§  Autograph. 


1676]  RECORDS    AND    FILES  203 

Bradstreet,*  for  the  court;  and  served  by  Joseph  Pike,* 
constable  of  Newbery,  by  attachment  of  a  parcel  of  cabbages 
or  collards  in  a  garden  at  or  near  Capt.  Gerrish's  dwelling 
house  in  Newbery,  and  the  hay  in  the  old  barn. 

Capt.  Gerrish's  bill  of  cost,  21i.  8s. 

Benja.  Lowle's  bill  of  cost,  10s. 

Benjamin  Lowle's  declaration. 

Copy  of  the  record  of  the  General  Court  of  Oct.  19,  1658, 
allowing  the  overseers  of  the  will  of  Mrs.  Elizabeth  Lowle  to 
let  out  the  real  estate  for  the  benefit  of  the  children,  signed 
by  Edward  Rawson,*  secretary. 

Copy  of  the  record  of  the  General  Court  of  Oct.  18,  1648, 
upon  petition  of  Edmund  Moores  to  confirm  the  sale  of  some 
land  of  the  estate  of  John  Lowle,  deceased,  sold  him  by  the 
executors,  signed  by  Edward  Rawson,*  secretary. 

At  a  meeting  of  a  committee  appointed  by  the  town  on 
Jan.  10,  1652,  Mr.  John  Lowle  was  acknowledged  to  have 
two  freeholds,  Samuell  Plumer  was  acknowledged  to  be  a 
freeholder  from  Mr.  John  Lowle's  one  privilege  and  Georg 
Litle  from  another  privilege  that  was  said  Lowle's.  Copy 
from  the  town  book  of  Newbury  made  by  Anthony  Somerby.  * 

Benjamin,  son  of  John  Lowle,  was  born  Sept.  12,  1642. 
Copy  from  the  register  book  of  Newbury  made  by  Anthony 
Somerby.* 

Copy  of  receipt  of  Elizabeth  Lowle  of  Newbery,  dated 
18  :  10  :  1648,  from  the  overseer  what  was  left  her  by  her 
husband's  or  mother  Goodal's  will  for  herself  and  her  two 
children,  Elizabeth  and  Banjemin.  Wit:  Percivall  Lowle,  Mar- 
garett  (her  mark)  Lowle  and  Wm.  Gerrish.  Capt.  Wm. 
Geerish,  aged  fifty-six  years,  and  Margarett  Lowell,  aged  about 
sixty  years,  made  oath  to  this  writing.  Sworn  Nov.  6,  1673, 
before  Daniell  Denison.  Copy  made  by  Hilliard  Veren,* 
cleric. 

Philip  Nellson*  and  his  wife  Elizabeth  Nellson*  gave  up, 
Aug.  7,  1673,  to  their  brother  Benjamin  Lowle,  their  right  in 
a  freehold  which  was  given  to  said  Elizabeth's  mother  by  her 
husband's  will.     Wit:    Thomas  Nellson*  and  John  Acie.* 

Letter  of  attorney,  dated  Sept.  22,  1676,  given  by  Wm. 
Gerrishf  of  Newbury  to  John  Knight,  sr.  of  Newbury.  Wit: 
Robert  Long.* 

William  Pulsbury,  aged  about  seventy-one  years,  deposed 
that  at  Mr.  Woodman's  house  he  heard  Capt.  Gerish  say  that 
the  freehold  held  by  Gorg  Littell  was  never  sold  but  still  be- 
longed to  Mr,  John  Lowel's  children.  Sworn,  Sept.  25,  1676, 
before  Nath.  Saltonstall,*  commissioner. 

*Autograph.  fAutograph  and  seal. 


204  IPSWICH    QUARTERLY    COURT  [Sept. 

Joshua  Boynton  v.  John  Young.  Debt.  For  6,000  feet  of 
merchantable  boards.  Verdict  for  plaintiff,  in  pine  boards 
to  be  delivered  at  Edmond  More's  landing  place. 

Peeter  Tappan  v.  Jonathan  Haines.  Review.  Verdict 
for  defendant.* 

Bethia  Longhorne  chose  her  uncle  Thomas  Longhorne  as 
her  guardian. 

John  Wainwright  and  Left.  Wade  were  licensed  to  sell 
liquors  as  a  trader  for  a  year. 

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

John  Sparke,  Deacon  Wm.  Goodhue,  Francis  Wainwright 
and  Samuell  Bishop  had  their  licenses  renewed  for  a  year. 

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

The  selectmen  of  Nubury,  complained  of  at  Salem  court 
by  Capt.  White  for  over-rating  him,  and  the  case  referred  to 
this  court,  the  said  selectmen  not  appearing,  court  ordered 
that  they  appear  at  the  next  Salem  court. 

Ossman  Dutch  attaching  Samuell  Bishop  to  this  court  and 
not  prosecuting  was  allowed  costs. 

Thomas  Millett  dying  intestate,  court  granted  administra- 
tion of  his  estate  to  Mary  Millett,  relict  of  said  Thomas. 


Marey  Godfrey,  aged  forty-one  years,  testified.  Sworn, 
Sept.  25,  1676,  before  Nath.  Saltonstall,t  commissioner. 

Phillip  Nelson,  aged  about  forty-years,  deposed  that  after 
he  married  one  of  Benjamin  Lowle's  sisters,  he  had  trouble 
with  his  uncle  Lowle,  Capt.  Gerrish  and  Nicholas  Noyse  con- 
cerning her  portion.  Deponent  called  John  Pickard  and  they 
came  to  an  agreement  and  there  were  15011.  more  due.  Sworn 
May  6,  1675  before  Samuel  Symonds,  Dep.  Gov.  Copy  made 
by  Isa.  Addington,t  cleric. 

Margaret  Loul,  aged  seventy  years,  and  Samuell  Lowl, 
aged  twenty-nine  years,  deposed.     Sworn  in  court. 

*Bond,  dated  22  :  7  :  1676,  given  by  Johnnathan  Haynesf 
of  Newburey  to  John  Webster  of  Newbery,  deputy  to  the 
marshal  of  Ipswich,  for  appearance  at  Ipswich  court.  Wit: 
John  Kallyt  and  John  Michel. f 

t  Autograph. 


1676]  EECORDS    AND    FILES  205 

Francis  Wainwright  renounced  his  administratorship  of 
the  estate  of  Freegrace  Norton  granted  in  March  last. 

John  Wainwright  was  appointed  administrator  of  the 
estate  of  Freegrace  Norton.  He  was  to  allow  the  widow  her 
thirds  of  the  land  and  to  pay  no  debt  except  to  his  satisfaction 
due  and  legally  proved;  also  to  pay  as  far  as  the  estate  could 
be  sold  for.* 

Benjamin  Roff's  negro  woman  Dina,  presented  for  fornica- 
tion, was  ordered  to  be  whipped  or  pay  a  fine. 

*Thomas  Borman,  sr.,  Walter  Roper,  Abraham  Tilton  and 
Elihu  Wardal,  chosen  to  appraise  the  work  done  by  Freegras 
Norton  for  Docter  Dane,  found  it  to  be  worth  241i.  12s.  6d. 
Approved  by  the  court,  Mar.  30,  1676.     Robert  Lord,t  cleric. 

Inventory  of  the  estate  of  Freegrace  Norton,  taken  Mar. 
28,   1676:    by  1  orchard  of  three  quarters  of  an  acre,   151i.; 

1  bedsted  curtains  &  valins,  31i.  10s.;  1  Cubbord  &  Cubborp 
Cloath,  31i.  4s.;  1. table  &  one  forme  &  one  Carpit,  Hi.;  6 
chairs  &  3  Cushins,  14s.;    one  Chest  with  Locke  &  key,  5s.; 

2  pr.  sheets,  21i.;  2  table  Cloaths  &  6  napkins,  10s.;  one  Bible 
&  one  sermon  booke,  7s.;  one  silver  dram  cupp  &  1  pr.  shooe 
buckles,  7s.;  1  settle  &  1  small  table  &  1  Inkhorne,  10s.  6d.; 
1  brass  skillet,  1  Kettle,  1  warminge*  pann.  Hi.  10s.;  3  pewter 
Dishes  &  3  porringers,  14s.;  one  Pewter  pot  &  3  Cupps,  5s. 
one  Tin  kettle  &  4  Tin  pans,  one  tunnel  &  1  sass  pan,  7s.  6d. 
1  pr.  tonges,  fire  shovell  &  Grid  Iron,  10s.;   one  fryinge  pann 

1  pr.  Bellows,  5s.  6d.;    one  spitt,  one  Jacke  &  waite.  Hi.  5s. 

3  pailes  &  1  pigen,  5s.;    2  boules,  3  dishes,  6  trenchers,  3s. 
Earthen  ware,  2s.;    spoons,  12d.;    4  barrels,  &  2  halfe  barrels 
&  1  meshinge  tubb.  Hi.;    3  Keelers  &  one  trucklebed  sted  & 

2  Chests,  6s.;  one  broadax  &  one  Narrow  ax,  7s.;  working 
tooles  &  1  pr.  beetle  rings,  19s.;  1  Candlesticke,  2  hookes 
&  staples,  2s.  6d.;  one  seate  in  the  meetinge  house.  Hi.;  total, 
361i.  10s.  What  Charge  Freegrace  Norton  was  in  repaireinge 
the  house,  by  1,000  foote  pine  Boards,  31i.;  Laying  2  floors, 
findinge  all  nailes  &  sleeprs.,  15s.;  2  doors,  2  pr.  hooks  & 
hinges,  one  Locke,  pettel,  &c.,  15s.;  stoninge  a  seller,  5s.; 
2  pr.  staires,  8s.;  1,000  brickes,  20s.;  for  whiteing  ye  roome, 
9s.;  Glass,  14s.;  Ensigne  Tho.  Burnum,  Walter  Roper,  Abra. 
Tilton  &  Elihu  AVardell  being  Chosen  p  Docter  Deane  & 
Goody  Norton  to  apprise  the  worke  Freegrace  Norton  did  for 
ye  sd  Deane  &  thay  finde  it  worth  241i.  12s.  6d.;  Goodman 
Bridges  is  dr.  to  the  estate,  6s.;  total,  £68.  3s.  6d. 

t  Autograph. 


206  IPSWICH    QUARTERLY    COURT  [Sept. 

Hanah  Lovill  was  admonished  upon  her  presentment.* 

Richard  Woolery  being  the  reputed  father  of  the  child  of 
Abigaill  Morse,  court  ordered  that  he  pay  to  her  3s.  per  week 
in  corn  toward  the  maintenance  of  the  child,  and  to  give 
security  or  be  committed  to  prison. 

Joseph  Browne  was  discharged  of  his  first  presentment  and 
Rich.  Shatswell,  who  caused  him  to  be  presented,  was  allowed 
costs. 

Joseph  Browne,  presented  for  rescuing  cattle,  was  fined. f 

Mary  Greely,  presented  for  fornication,  was  sentenced  to 
be  whipped.  J 

Roger  Darby  and  his  wife  were  presented  for  not  coming  to 
meeting  on  the  Lord's  days.  Court  declared  that  they  had 
forfeited  5s.  a  week  each  since  the  last  court  in  September 
and  ordered  that  they  pay  50s,  presently  or  be  committed 
to  prison,  being  12d.  a  day  for  each  of  them. 

Thomas  Ayres  was  discharged  of  his  presentment.! 

*Presented  for  excess  in  the  manner  of  her  attire  and  hair. 
Wit:    Walter  Roper  and  Daniell  Ho  vie. 

fTimothy  (his  mark)  Haris,  aged  about  seventeen  years, 
deposed  that  he  saw  Joseph  Browne  take  away  his  oxen  from 
Richard  Shatswell  by  force  when  the  latter  took  them  from 
Marke  Quilter's  rye  and  was  driving  them  to  the  pound.  Also 
that  the  oxen  had  fed  in  the  rye  and  had  lain  down  in  it  a 
pretty  while  before  Shatswell  came.  Richard  Shatswell 
affirmed  the  same.  Mr.  Norton,  Andrew  Peters  and  Mr. 
Tutell  were  witnesses.     Sworn  in  court. 

Moses  Pengry,  sr.,  aged  sixty-four  years,  deposed  that  there 
being  a  necessity  for  a  highway  to  and  from  a  creek  called 
Greene  creek  for  hay  and  thatch  to  pass  by  freely,  Richard 
Shatswell,  owner  of  the  land,  petitioned  to  the  town  at  a 
general  town  meeting  that  such  a  highway  be  laid  out.  The 
selectmen  ordered  Reginald  Foster,  Robert  Lord  and  deponent 
to  have  it  done,  which  they  did,  etc.  Joseph  Browne  men- 
tioned.    Sworn  in  court. 

Presented  for  breaking  open  Richard  Shatswell's  gate  which 
was  locked.     Wit:    Richard  Shatswell  and  Samuell  Cobbit. 

IPresented  for  fornication  with  Laurence  Clenton.  Wit: 
Elesabeth  Abit  and  Nathaniell  Welses  wife. 

§Presented  for  telling  a  lie  by  which  he  procured  his  horse 
from  the  pound,  it  being  impounded  by  John  Gamage.  Wit: 
Mr.  Wilson  and  John  Gamage. 


1676]  RECORDS    AND    FILES  207 

For  the  settlement  of  the  estate  of  George  Gittins,  deceased, 
by  agreement  of  the  widow,  administratrix  and  the  five  sons, 
it  was  ordered  that  all  the  estate  be  delivered  into  the  hands 
of  the  five  sons,  Thomas,  John,  James,  Samuell  and  Joseph 
Gittins,  to  be  divided,  Thomas  to  have  a  double  portion. 
They  were  to  give  security  to  pay  the  widow  during  her  life 
251i.  per  annum  and  her  living  in  the  house,  with  the  use 
of  the  household  stuff,  and  to  pay  to  their  three  sisters,  Re- 
becka,  Abigaill  and  Mary,  501i.  each,  deducting  so  much  as 
any  of  them  have  formerly  had  as  their  portion  from  their 
father. 

Zachary  Hericke  of  Beaverly,  complaining  of  his  infirmity 
that  he  is  not  able  to  ride,  was  dismissed  from  the  troop  to 
the  foot. 

Nathaniell  Wells  having  brought  up  George  Greely  from 
his  birth,  the  latter  was  ordered  to  live  with  him  or  his  heirs 
until  he  be  twenty-three  years  of  age. 

Thomas  Kimball  dying  intestate,  Mary  Kimball,  his  widow 
was  appointed  administratrix.  An  inventory*  brought  in, 
amounting  to  52011.  clear  estate  was  ordered  to  the  eight 
children  and  widow  as  follows:  to  Richard  the  eldest  son, 
801i.,  and  to  the  rest  of  the  children,  401i.  each,  and  the  re- 
mainder of  the  estate  to  the  widow,  the  land  to  stand  bound 
for  the  payment  of  the  children's  portions. 

Given  to  the  house,  6s.  8d. 

*Inventory  of  the  estate  of  Thom.  Kimball,  taken  May  18, 
1676,  by  Shu.  Walker  and  Samuell  Gage,t  and  allowed  Sept. 
26,  1676,  in  Ipswich  court:  wearing  apparill,  all  ye  Indians 
left,  21i.  10s.;  Tabel  lining,  1  sheete,  3  pillowberes,.  Hi.  15s.; 
vallence  and  Curtaine  and  4  Cushins,  10s.;  2  Rugs,  2  blankets, 
and  a  parcill  of  old  beading,  31i.  5s.;  peautar,  31i.  3s.;  1  Iron 
pot,  1  warming  pan,  2  tubs,  2  barills,  IH.  10s.;  saddle  and 
pillion  and  a  parcill  of  sheeps  wool.  Hi.  5s.;  Tools  for  his 
traid  and  utensils  for  husbandry,  51i.;  six  oxen,  five  Cowes, 
two  heifers  of  3  yere  old,  3  steres  of  2  yere  old,  2  yerlings, 
5  Calves,  661i.  15s.;  a  horse  and  a  mare  and  a  Coult,  61i.;  12 
swine,  71i.;  7  shepe,  21i.;  housing  and  about  422  acres  land 
and  medow,  45011.;  glass.  Hi.  10s.;  Corne  and  provisions, 
31i.;  5  yards  of  Cloath,  Hi.;  total,  55611.  3s.  Wearing  cloaths 
of  Goody  kimbals,  311.  16s.;    cloaths  of  Joanna  Kimball,  21i. 

t  Autograph. 


208  salisbury  quarterly  court  [nov. 

Court  held  at  Salisbury,  Nov.  14,  1676. 

Major  Genii.  Denison,  President;  Capt.  Nathll.  Salton- 
stall.  Major  Robert  Pike,  Capt.  Tho.  Bradbury  and  Mr. 
Samll.  Dalton,  Associates. 

Grand  jury:  Abraham  Pirkins,  foreman,  Phillip  Challis, 
Tho.  Barnard,  sr.,  John  Haseltine,  Daniell  Hendrick,  Moses 
Gillman,  Rodger  Easman,  John  Ilsly,  John  Gill,  Francis 
Page,  Joseph  Dowe  and  Tho.  Sleeper. 

Jury  of  trials:  John  Samborn,  foreman,  Robert  Swan,  Tho. 
Barnard,  jr.,  Samll.  Colby,  William  Osgood,  sr.,  Henry  True, 
Samll.  Felloes,  John  French,  Lt.  Ralf  Hall,  Henry  Roby, 
Nathll.  Weare  and  Anthony  Tayler. 

William  More,  grandjuryman  from  Exeter,  was  fined  for 
non-appearance. 

John  Smith  v.  William  Samborn,  sr.  Appeal  from  a  judg- 
ment of  Mr.  Samll.  Dalton,  July  10,  1676,  upon  suspicion  of 
crime  for  false  SAvearing.  Verdict  for  plaintiff,  the  reversion 
of  the  former  judgment. 

Joseph  Smith  v.  Timothie  Hilliard.  Appeal  from  a  judg- 
ment of  Mr.  Samll.  Dalton,  Aug.  3,  1676.  Verdict  for  plaintiff, 
the  reversion  of  the  former  judgment. 

Jno.  Redman,  jr.  v.  Samll.  Dalton  and  Henry  Dow.   Appeal 

10s.  Debts  due  to  the  estate:  Gilbort  Wilford's  estate,  Hi. 
Daniell  Boreman,  Hi.;  John  Wicom,  Hi.;  Joseph  Bond,  Hi 
2s.;  Ensigne  Chandler,  Hi.  10s.;  by  John  Kimbal,  121i. 
total,  171i.  12s.  Debts  due  from  the  estate:  Mr.  Wainwright 
91i.  18s.  6d.;  Capt.  Gerish,  91i.  19s.  Id.;  Sergent  Wait,  61i 
18s.;  John  Pickard,  Hi.  10s.;  Stephen  Webster,  Hi.  10s. 
Will.  Barker,  21i.  16s.;  Decon  Jewit,  18s.;  David  Haseltine 
Hi.  Is.;  Hunt  of  Ipswich,  Hi.  2s.;  Decon  Goodhue,  Hi.;  Mr 
Cobbit,  10s.;  Shu.  Walker,  12s.;  Joseph  Hardy,  Hi.  10s. 
Nath.  Gage,  15s.;  Samull  Haseltine,  21i.  2s.;  Francis  Jordon 
2s.  6d.;  Josiah  Gage,  18s.,  John  Stickne,  31i.;  Mr.  Buship 
at  present  not  known;  Anthony  Somersby,  Hi.  5s.;  Phillip 
Fouler,  6s.;    total,  501i.  8s.  Id. 

List  of  presentments,  dated  Sept.  26,  1676,  signed  by  Jon- 
athan Wade,*  in  the  name  of  the  rest: 

Hanah  Downing,  Mr.  John  Cogswell's  maid,  for  vile  language 
against  William  Tomson,  calling  him  devil.  Wit:  George 
Stimson  and  his  wife. 

*Autograph. 


167dJ  records  and  files  209 

from  a  judgment  of  the  selectmen  of  Hampton.  Verdict  for 
defendant,  confirmation  of  the  former  judgment. 

Mr.  Tho.  Bradbury  v.  John  Huggin.  For  withholding  a 
debt  due  for  copies  of  evidences  and  records,  filing  evidences, 
etc.     Verdict  for  plaintiff.     Judgment  satisfied. 

Robert  Ring  v.  William  Buswell.  Review  of  a  case  tried 
at  Salisbury  court  in  1675  for  wrong  done  to  said  Ring  at 
the  Court  of  Assistants  at  Boston  in  Sept.,  1672  and  March, 
1673-4,  by  an  appeal  from  Hampton  court  concerning  meadow 
upon  oath  of  said  Buswell  at  Salisbury  court,  9:2:  1672, 
which  oath  was  false,  fallacious  or  unsafe,  also  by  the  evidence 
given  before  the  arbitrators,  Henry  Palmer,  Georg  Brown, 
Samll.  Dalton  and  William  Titcum,  3:9:  1674,  etc.  Verdict 
for  defendant.  Appealed  to  the  next  Court  of  Assistants. 
Robert  Ring  and  John  Allin  bound. 

From  Samuel  Dalton's  commissioner's  records.     See  ante  vol.  V,  p.  235. 

John  Acey  of  Rowley  and  Hannah  Greene  of  Hampton  were  married, 
June  5,  1676. 

Ensigne  John  Samborn  and  Thomas  Philbrick,  on  June  10,  1676,  took  the 
appraisers'  oath. 

Thomas  Nud,  chosen  clerk  of  the  military  company  in  Hampton,  was 
sworn  on  June  10,  1676. 

John  Foulsam,  jr.,  on  June  12,  1676,  was  sworn  constable  of  Exeter. 

John  Smith's  bond  was  transferred  to  court  as  per  the  day  book. 

On  June  10,  1676,  John  Folsham,  sr.  v.  Moses  GiUman;  for  pulling  up 
fence  that  stood  between  their  lands  or  land  in  their  possession;  respitted 
until  the  next  Thursday,  when  great  endeavors  of  friends  to  persuade  peace 
proved  altogether  fruitless.  Judgment  for  plaintiff,  defendant  to  bear  the 
cost  of  the  complaint  and  to  keep  up  the  fence  against  the  gaps  made  by 
removal  until  after  the  next  Indian  harvest  and  they  were  advised  to  live 
in  peace  and  love  in  the  meantime  as  their  relation  and  duty  required. 

On  June  15,  1676,  Samuell  Fog  v.  John  Smith,  tailor;  for  an  act  of  cruelty 
offered  to  a  swine,  using  more  violence  than  was  necessary  to  the  driving  of 
the  swine  to  the  pound.  Judgment  was  a  fine  of  five  groats  to  be  paid  by 
Smith. 

On  June  15,  1676,  Joseph  Smith  was  convicted  of  abusive  carriage  toward 
Timothy  Hillyard  in  calhng  him  Indian  cur  and  shamble-hand  cur  and  other 
reviling  words  in  the  presence  of  divers  persons,  and  was  fined. 

On  July  3,  1676,  Henry  Roby  v.  Aughter  Bennitt;  for  not  paj^ing  500 
white  oak  pipestaves;   defaulted;   judgment  for  plaintiff. 

On  July  10,  1676,  John  Smith,  tailor  v.  WiU.  Samborn;  suspicion  of  perjury; 
after  the  evidence  witnesses  viewed  the  place  where  they  saw  the  swine 
abused,  for  which  John  Smith  was  sentenced,  and  it  appearing  that  the 
place  was  upon  the  brow  of  the  hill  in  John  Smith's  pasture  in  clear  ground 
which  was  plainly  to  be  seen  to  Wilham  Sanborn's  gate,  this  cleared  and 
justified  Wilham  Samborn's  oath;  judgment  for  defendant.  John  Smith 
appealed  to  the  next  Norfolk  court,  with  Robert  Smith  as  surety. 

On  Aug.  3,  1676,  Joseph  Smith  v.  Timothie  Hillyard;  trespass;  for  cutting 
and  making  use  of  a  white  oak  log  of  Smith's  at  or  near  the  old  sawmill, 


210  SALISBURY    QUARTERLY    COURT  [NoV. 

Robert  Ring  v.  Samll.  Worcester.  In  a  similar  action. 
Verdict  for  defendant.  Appealed  to  the  next  Court  of  Assist- 
ants.    Robert  Ring  and  John  Allin  bound. 

Phillip  Grele  v.  John  Young.  For  non-payment  of  4,000 
feet  of  pine  boards  which  he  promised  to  pay  plaintiff  for 
Mr.  Georg  Person  of  Boston.  Verdict  for  plaintiff.  Boards 
to  be  delivered  at  40s.  p  M  to  be  delivered  at  Lampreele  river 
landing. 

Mr.  John  Light,  assignee  of  Major  Robert  Pike,  adminis- 
trator of  the  estate  of  Wymond  Bradbury  v.  Mr.  Josiah 
Hubbard.     Debt.     Verdict  for  plaintiff. 

Edward  Colcord  v.  Abraham  Drake,  sr.  For  illegally 
taking  away  five  cattle  from  him,  two  cows,  two  heifers  and 
a  three  year  old  steer.  John  Samborne,  one  of  the  jury,  was 
objected  to  and  the  case  was  referred  to  the  other  eleven. 
Verdict  for  defendant.  Appealed  to  the  next  Court  of  Assist- 
ants. Edward  Colcord,  with  Robert  Ring  and  John  Clark 
as  sureties,  bound. 

Edward  Colcord  v.  Abraham  Drake.  Trespass.  For  plant- 
ing and  improving  his  land  by  his  fresh  meadow  westward 
from  Hampton,  having  three  crops.  Verdict  for  defendant. 
Appealed  to  the  next  Court  of  Assistants.  Edward  Colcord 
and  Joseph  Large  of  Eamsbery  bound. 

Lieft.  Ralfe  Hall  v.  Moses  Gillman.  For  not  performing 
an  agreement  made  on  Apr.  10,  1674,  by  which  Moses  engaged 
to  make  good  the  timber  due,  they  being  in  partnership,  as  soon 
as  it  could  be  procured  either  up  or  down  the  river.      Withdrawn. 

Isaac    Marston    v.    Humphery   Willson.     For   withholding 

which  he  had  hauled  to  make  planks  for  a  vessel  by  cutting;  judgment  for 
defendant.  Appealed  to  the  next  Norfolk  court.  Joseph  Smith  bound, 
with  David  Wedgwood  as  surety. 

On  30  : 9  :  1676,  WilUam  Lyon  of  Rowly  and  Martha  Casse  of  Hampton 
were  married. 

On  Sept.  27,  1676,  Joseph  Smith  v  .Roger  Rose,  boatman;  for  withholding 
850  pine  boards,  remainder  of  6,000  boards  deUvered  at  Exeter,  to  be  de- 
hvered  at  Boston;    judgment  for  plaintiff. 

On  24  :8  :  1676,  Samuell  Levett  v.  James  Kid;  trespass;  for  cutting  his 
logs  at  Pickpockitt  mill  upon  Exeter  river;  judgment  for  plaintiff,  the  damage 
of  twelve  logs. 

On  Nov.  8,  1676,  Charles  Runlett  v.  John  Kimin;  debt;  for  two  gallons 
of  molasses  borrowed  of  his  wife  about  a  year  and  a  half  ago;  Kimin  con- 
fessed and  judgment  was  given  for  plaintiff. 


1676]  RECORDS    AND    FILES  211 

a  debt  of  41i.  due  for  wintering  four  cattle  in  1674.     Verdict 
for  defendant. 

Willi.  White  v.  Joseph  Hutchings.  Non-payment  of  a 
debt.     Verdict  for  defendant. 

Ben,  Allin  v.  Robt.  Jones.  Trespass.  For  taking  away 
in  1674  several  parcels  of  pine  boards,  about  eleven  thousand 
which  had  been  left  in  payment  of  a  debt  at  Exeter,  part  of 
them  in  Nicolass  Lissen's  lot  and  part  in  the  lane  by  Henry 
Magoon's.     Withdrawn. 

Phillip  Grele  v.  Jno.  Young.  Review  of  a  case  tried  at  Sal- 
isbury court  on  Apr,  13,  1675,  for  spending  or  spoiling  three 
loads  of  hay  which  his  men  had  stacked  and  fenced  in  Glee- 
den's  field  near  the  landing  place  at  Lampreele  river  on  ac- 
count of  which  plaintiff  lost  his  logging  season  the  last  winter, 
in  which  case  the  jury  found  for  said  Young  371i,  in  board 
at  35s.  per  thousand  at  Wadlei's  mill  in  Lampreele  river. 
Verdict  for  plaintiff.  Appealed  to  the  next  Court  of  Assistants. 
Phihp  Grele  bound,  with  Andrew  Grele,  sr.  and  Ephraim 
Winsly  as  sureties, 

Christopher  Palmer  v.  Major  Robert  Pike,  Major  Richard 
Waldern  and  John  Souter.  For  demanding  of  John  Souter, 
keeper  of  Norfolk  prison,  to  set  Capt.  Walter  Barefoot  at 
liberty,  which  he  did  in  August,  1675,  after  he  had  been  com- 
mitted to  prison  upon  execution  obtained  against  him,  as 
attorney  or  assignee  to  Georg  Norton.  Special  verdict.  If 
the  warrants  of  Maj.  Robert  Pike  and  Maj.  Richard  Waldern 
for  the  release  made  them  liable  to  be  sued  in  one  action,  the 
jury  found  for  plaintiff;  if  not,  for  the  defendant.  Court 
found  for  plaintiff.  Execution  respitted  until  the  end  of 
the  next  General  Court. 

John  Young  v.  Phillip  Grele.  For  not  performing  a  bar- 
gain of  hauling  about  50  boards  from  Mr.  Wadleigh's  mill  to 
Lampreele  river  landing  place  in  the  summer  time,  1674  or 
75,  which  boards  were  burned  at  the  mill  by  the  Indians. 
Verdict  for  defendant. 

John  Clark  v.  John  Gillman.  Breach  of  a  bond  for  non- 
appearance before  Major  Pike.     Verdict  for  defendant. 

John  Severans  v.  Samll.  Foulsham,  Debt.  In  board  at 
30s.  per  thousand  at  Exiter.     Verdict  for  plaintiff. 


212  SALISBURY    QUARTERLY    COURT  [NoV. 

Benjamin  Allen  v.  Tho.  Rawlins  and  Edward  Smith.  Tres- 
pass. For  taking  away  a  parcel  of  boards  without  plaintiff's 
order  in  1674,  which  boards  were  left  at  Exeter  near  the  house 
of  Henry  Magoone.     Withdrawn. 

Danll.  Ela  v.  Benjamin  Boongraine,  Capt.  Wm.  Gerish, 
Jno.  Knight,  Tho.  Woodbridg,  Nathll.  Clarke,  Henry  Jaques, 
Benjamin  Rolfe  and  Steven  Greenleafe.  Debt.  For  service 
upon  a  ship  and  expenses  at  his  house  by  Capt.  Ben.  Boon- 
grain  and  the  said  company  in  general  when  building  a  ship 
in  Haverhill  by  Willi.  Starling  in  1674-5  and  intended  for 
said  Boongrain  as  commander,  which  ship  was  afterwards  sold 
and  put  into  Mr.  John  Young's  hands.     Verdict  for  plaintiff. 

Jon.  Allin  acknowledged  judgment  to  Moses  Woster. 

Wm.  Samborn  was  sworn  constable  of  Hampton  for  the 
ensuing  year. 

Tho.  Marston  of  Hampton,  presenting  the  will  of  William 
Estow  desiring  that  a  committee  be  appointed  to  divide  and 
set  off  the  land  mentioned  in  the  will,  court  appointed  William 
Samborn  and  Nathll.  Weare  a  committee  to  make  return  to 
the  next  Norfolk  court. 

The  relations  of  Gilbert  Wilford  of  Haverhill  not  appearing 
to  take  administration  of  his  estate,  no  executor  being  appointed 
by  any  will  of  said  Willford's,  upon  motion  of  Capt.  John 
Whipple  of  Ipswich,  he  was  appointed  administrator  and  was 
ordered  to  bring  in  an  inventory  to  the  next  Norfolk  court. 

Henry  Green,  bound  over  to  this  court  to  answer  a  com- 
plaint of  Henry  Dow  and  John  Smith,  for  resisting  them  as 
pressmasters  going  into  his  house  to  impress  his  son  Jacob 
Green,  was  admonished  for  his  rough  carriage. 

Michaell  Emerson,  fined  at  the  last  Hampton  court  for 
beating  his  child,  asked  for  abatement  and  court  abated 
what  was  behind  of  his  fine.  Said  Emerson  first  of  all  dis- 
counted what  was  due  him  from  the  county,  as  he  was  a  grand- 
juryman. 

Upon  motion  of  Onezephorus  Page,  that  the  remainder  of 
the  estate  of  Tho.  Hawksworth,  deceased,  now  left,  said  Page 
having  married  the  only  child  of  said  Hawksworth,  be  settled 
upon  him  as  heir  to  the  estate  by  virtue  of  his  jjresent  wife, 
court  ordered  that  it  be  so  settled. 


1676]  RECORDS    AND    FILES  213 

Deborah  Corlis  of  Haverhill,  presented  for  committing 
fornication  and  having  charged  one  as  the  father  whom  she 
afterwards  acquitted,  also  refusing  to  challenge  any  man  but 
taking  all  upon  herself,  court  sentenced  her,  for  refusal  to 
declare  the  father,  to  be  corporally  punished  and  to  pay  a 
fine. 

John  Smith's  bond  for  good  behavior  was  discharged. 

Michaell  Emerson  and  Tho.  Rolenson  were  freed  from  their 
bonds  for  good  behavior. 

Robert  Smart,  jr.,  presented  with  Elenor,  his  wife,  for  com- 
mitting fornication,  confessed,  but  she  did  not  appear  on  ac- 
count of  her  condition.  Court  ordered  that  they  be  whipped 
or  pay  a  fine,  and  he  was  to  give  bond  for  his  wife's  appearance 
to  receive  her  corporal  punishment. 

Charles  Runlet,  presented  for  fornication  before  marriage 
and  confessing,  court  ordered  that  he  be  whipped  or  pay  a 
fine. 

Mary  Runlett,  wife  of  Charles  Runlett,  not  appearing  to 
answer  her  presentment,  court  ordered  that  she  appear  at  the 
next  Norfolk  court. 

Henry  Kemball  of  Haverhill  was  appointed  administrator  of 
the  estate  of  Tho.  Dow,  deceased,  and  was  ordered  to  proceed 
according  to  the  mind  of  deceased  as  by  a  paper  presented 
as  a  will,  dated  June  16,  1676,  and  witnessed  by  Henry  Palmer 
and  William  White,  except  that  the  widow  should  have  her 
thirds  according  to  law  or  what  her  husband  allowed  if  the 
estate  were  sufficient. 

Upon  motion  of  the  administrators  of  the  estate  of  Mathias 
Button  that  a  division  of  the  estate  be  made,  court  ordered 
that  the  estate  be  divided  into  five  equal  sums,  a  part  for  each 
child,  and  that  the  shares  to  the  two  daughters  be  delivered  to 
their  husbands  as  soon  as  possible  and  the  other  shares  at 
age  or  marriage. 

Capt.  Barefoot  defaulted  and  forfeited  his  bond. 

Mr.  Samll.  Dudley  demanding  costs  for  himself,  Humphrey 
Wilson  and  the  widow  Wall,  as  witnesses  in  a  complaint  of 
Edward  Colcord,  and  said  Colcord  being  called  to  give  a  reason 
for  summoning  them,  produced  an  order  of  the  General  Court 
of  May,  1675,  referring  his  case  to  the  Norfolk  court,  which 


214  SALISBURY    QUARTERLY    COURT  [NoV. 

had  referred  it  to  the  General  Court  more  than  a  year  since. 
Court  judged  that  he  had  lapsed  his  time  and  he  was  ordered 
to  pay  the  costs. 

Upon  motion  of  Tho.  Chase,  administrator  of  the  estate  of 
Abraham  Chase,  that  the  estate  be  divided,  court  ordered  that 
the  estate  be  divided  among  the  other  surviving  brethren, 
Thomas,  Joseph,  James  and  Isaac  Chase.  Mr.  Samll.  Dal- 
ton  and  Ensign  John  Samborn  were  ordered  to  take  an  ac- 
count of  the  administrator  of  what  debts  he  had  or  should 
pay  upon  account  of  said  estate. 

Timothie  Hilliard  and  his  mother-in-law  were  appointed 
administrators  of  the  estate  of  James  Philbrick,  sr.,  late  of 
Hampton,  deceased,  father-in-law  of  said  Hilliard,  James 
Philbrick,  jr.,  his  own  son  being  then  at  sea.  Since  having 
come  home  and  desiring  to  administer  the  estate,  court  or- 
dered that  he  be  joined  as  administrator  with  his  mother  and 
Timothie  Hilliard  was  discharged. 

William  Sawer  of  Nuberie  acknowledged  judgment  to 
Tom,  the  Indian,  so  called,  in  silver  money  and  Indian  corn 
to  be  delivered  at  Mr.  William  Bradburie's  house  in  Salis- 
bury. The  Indian  was  to  have  his  wages  from  the  country 
from  the  time  he  entered  upon  the  service. 

Whereas  Tom,  the  Indian,  was  rated  by  the  selectmen  of 
Salisbury  for  his  head  to  the  country,  upon  said  Indian's  re- 
quest to  this  court,  he  was  discharged  of  the  same. 

Henry  True's  fine  for  not  attending  the  jury  was  remitted. 

Exeter's  fine  was  to  be  returned  to  the  Treasurer  of  the  county. 

Court  ordered  that  there  should  be  a  rate  made  of  301i.  to 
defray  the  county  debts. 

Capt.  Saltonstall  was  ordered  to  call  before  him  John  Bar- 
nard and  his  wife  and  to  bind  them  over  to  the  next  Norfolk 
court  for  committing  fornication. 

Court  ordered  the  Treasurer  to  give  10s.  according  to  his 
discretion  among  the  servants  where  the  members  of  the  court 
who  were  strangers  lodged. 

Venire,  dated  Aug.  26,  1676,  for  four  trial  jurymen  from 
Salisbury,  signed  by  Tho.  Bradbury,*  recorder. 

*  Autograph. 


1676]  records  and  files  215 

Court  held  at  Salem,  28  :  9  :  1676. 

Judges:  Samll.  Symonds,  Esq.,  Dep.  Govr.,  Majr.  Genrll. 
Daniell  Denison  and  Maj.  Wm.  Hathorne. 

Grand  jury:  Nathaniell  Felton,  Sergt.  Fuller,  The.  Rootes, 
Tho.  Rix,  Edw.  Flint,  Mr.  Resolved  White,  Frances  Skerry, 
The.  Pitman,  John  West,  Robert  Burges,  Richd.  Hoode,  John 
Davis,  sr.  and  Richard  Hutten. 

Jury  of  trials:  Mr.  Eleazer  Hathorne,  Mr.  Joseph  Grafton, 
Daniell  Andrews,  Edward  Grove,  Edward  Bridges,  Jeremiah 
Neale,  Richd.  Norman,  William  Rayment,  John  Lewis,  Nathll. 
Ballard,  John  Newhall,  jr.,  and  James  Freind. 

Mr.  Timothy  Lindall  was  fined  for  not  appearing  to  serve 
on  the  jury. 

Venire,  dated  Aug.  28,  1676,  for  one  trial  juryman  from 
Exeter,  signed  by  Thg.  Bradbury,*  recorder,  and  served  by 
John  Foullsom,*  constable,  who  returned  the  name  of  Leut. 
hall. 

Summons,  dated  Aug.  28,  1676,  to  John  Clarke  to  appear 
upon  a  complaint  preferred  at  the  last  Hampton  court;  also 
to  Mary  Parker  for  fornication,  and  to  witnesses  Jno.  Foul- 
sham  and  Wm.  More;  also  to  Charles  Runled  and  wife  Mary 
for  fornication  before  marriage,  and  for  witness,  the  records  of 
their  marriage  and  births  of  their  children,  signed  by  Tho. 
Bradbury,*  for  the  court. 

Bond  of  Robert  Sinnott,  jr.  and  Georg  Sweett  of  Quampscott 
for  the  appearance  of  said  Sinnott  and  Helvell,  his  wife,  at 
the  Salisbury  court  in  October  next.  Sworn,  26  :  7  :  1676, 
before  Samll.  Dalton,*  commissioner. 

Joseph  Page  deposed  that  on  the  9th  of  November,  being 
one  of  the  watch  at  Haverhill  watch  house  with  Joseph  Peasely, 
Timothy  Swan  and  others  belonging  to  the  watch,  said  Peasely 
made  some  disturbance.  ''I  being  settling  to  sleep  I  lookt 
up  &  saw  Joseph  Peasely  lay  violent  hand  upon  Timothy 
Swan,  &  pulled  him  downe  &  then  composeing  my  self  to 
sleep  I  heard  y^  s*^  Joseph  strike  &  read  a  copty  upon  him  y^ 
s^  Timothy  w*''  many  hard  blowes  and  at  last  y^  said  Tim: 
cried  out  y*  Joseph  Peasley  did  hurt  him  &  presently  after 
John  Keyzar  comeing  in  Peasely  bid  him  being  a  Tanner 
looke  upon  or  sees  on  Tim  Swans  hide  he  had  tanned."  Sworn, 
Nov.  13,  1676,  before  Nath.  Saltonstall,*  commissioner. 

Fragment  of  writ,  returned  by  Henry  Dow,*  marshal  of 
Norfolk. 

*Autograph. 


216  SALEM  QUARTERLY  COURT  [Nov. 

Daniell  Boreman  v.  Agnes  Evens,  widow  and  administra- 
trix of  the  estate  of  her  late  husband  William  Evens,  deceased. 
Verdict  for  defendant.* 

John  Dodg  v.  John  Person,  jr.  Verdict  for  plaintiff,  35 
yards  of  cloth  or  its  equivalent.! 

*Writ,  dated  Nov.  22,  1676,  signed  by  Edward  Tyng,t  assist- 
ant, and  served  by  Returne  Waite,|  deputy  marshal  of  Suffolk. 

Copy  of  writ:  Agnes,  widow  of  Willyem  Evens  v.  Daniel 
Borman  of  Topsfeld;  debt;  dated  Boston,  Oct.  6,  1676; 
signed  by  John  Davenport,  for  the  court;  and  served  by  John 
How,  constable  of  Topsfield. 

Agnes  Evens'  bill  of  cost,  8s. 

Abraham  Redington,t  being  desired  by  Daniel  Boarman  to 
appraise  six  cattle,  oxen,  etc.,  for  pay  to  Goodman  Evens  for 
the  farm  he  bought  of  Goodman  Evens  in  1672,  and  as  well 
as  he  could  remember  the  amount  was  341i.  which  was  more 
than  the  farm  was  worth  according  to  his  judgment.  Sworn, 
21  :  9  :  1676,  before  Wm.  Hathorne,t  assistant. 

Bond,  dated  Dec.  20,  1665,  without  signature,  given  by 
Daniell  Borman  of  Ipswich,  husbandman,  to  William  Evens  of 
Topsfeild,  yeoman,  for  lOOli.,  to  be  paid  in  cattle,  if  lean  not 
exceeding  seven  years  old,  if  fat  they  may  exceed,  and  wheat, 
rye,  barley,  malt  and  one  firkin  of  butter,  and  delivered  at 
Ipswich  aboard  some  vessel  bound  for  Boston,  said  Borman 
giving  for  security  the  meadow  and  housing  purchased  of 
said  Evens. 

John  Howl  testified  that  he  was  hired  by  Willyem  Evens 
to  drive  six  cattle  to  Boston  which  Evens  had  from  Danill 
Borman  of  Topsfeld,  etc.     Sworn  in  court. 

Nathaniell  PutmanJ  deposed  that  he  was  present  when  the 
account  between  the  parties  was  settled  and  saw  the  receipts 
from  William  Evens.  Sworn,  1:9:  1676,  before  Wm.  Hath- 
orne,t  assistant. 

Sam.  Pearce,  aged  about  twenty-three  years,  deposed  that 
about  Mar.  29,  1670,  he  received  on  board  of  their  barque 
sixty  bushels  of  malt  and  one  firkin  of  butter,  etc.,  which 
he  delivered  to  Evens  at  Boston  on  Apr.  17,  etc.  Sworn, 
Nov.  27,  1676,  before  Daniel  Denison.J 

William  (his  mark)  Evens'  receipt,  9:8:  1669,  to  Danill 
Borman  for  cattle.  Wit:  Frances  PabodyJ  and  Abraham 
Redington.J 

fWrit:  John  Dodg  v.  John  Person,  jr.,  of  Rowley;  for  35 
yards  of  cloth  which  he  received  to  full  and  did  not  return  but 
said  it  was  lost;    dated  21  :  9  :  1676;    signed  by  Thos.  Fiske,t 

J  Autograph. 


1676]  RECORDS   AND    FILES  217 

John  Procter  v.  Daniell  Johnson  and  John  Davis,  adminis- 
trators of  the  estate  of  Georg  Coale.  Debt.  Verdict  for 
plaintiff. 

Mr.  Elias  Parkman  and  Tho.  Andrewes  v.  William  Shaw. 
Trespass.     Verdict  for  defendant.* 

Mr.  Ed.  Batter  v.  Mr.  Humphry  Warren.    Debt.    Nonsuited. 

for  the  court;  and  served  by  Jeremiah  Elsworth,t  constable 
of  Rowley. 

John  Pingry,  aged  about  twenty-three  years,  testified  that 
he  had  carried  many  yards  of  cloth  to  Person,  etc.  Sworn 
in  court. 

John  Pickard,  aged  about  fifty-five  years,  testified  that 
John  Pearson,  sr.,  had  promised  that  his  son  John  should 
be  owner  of  the  fulling  mill  after  his  decease  and  that  the 
son  had  no  other  interest  in  it  at  present  except  that  his  father 
rewards  him  for  his  pains,  etc.     Sworn  in  court. 

*Writ,  dated  Nov.  16,  1676,  signed  by  HiUiard  Veren,t 
for  the  court,  and  served  by  Henery  Skerry,t  marshal  of 
Salem. 

Samuell  Very  and  Eliazer  Gills  deposed  that  Willyem 
Shaw's  house  and  barn  were  within  the  line  that  Mr.  Batters 
showed  to  be  the  bounds  of  the  farm  he  lived  upon  and  sold 
by  him  to  Goodman  Antrop.  Said  Gills  testified  that  Isack 
Burnet  who  formerly  lived  on  the  farm  also  said  it  was  the 
bounds.     Sworn  in  court. 

Thomas  Hoogman,  aged  about  thirty-five  years,  testified 
a  black  oak  that  stands  in  William  Shaw's  fence  is  the  bound 
of  Elias  Parkman  and  Thomas  Andrewes  land,  and  so  running 
to  a  white  oak  bounding  upon  the  land  of  Robert  Stone, 
Mickell  Shafling  and  William  Shaw,  etc.  Sworn,  20  :  5  :  1675, 
before  Wm.  Hathorne,t  assistant. 

William  Shaw's  bill  of  cost. 

Copy  of  deed,  dated  June  11,  1664,  given  by  Isaack  Burnap 
of  Salem,  husbandman,  and  Hanna  (her  mark)  Burnap  to 
Obadia  Antrum  of  Salem,  mariner,  for  llOli.,  one-half  of  the 
farm  that  said  Burnap  then  lived  upon,  44  acres  of  upland 
and  meadow,  with  one-half  of  the  housing,  which  farm  he 
lately  bought  of  his  father-in-law  Thomas  Antrum,  late  de- 
ceased, all  of  which  except  about  twenty  acres  sold  by  grantor 
to  William  King  and  John  Stone,  lay  in  the  Plain,  so  called, 
near  the  great  swamp  to  the  northwest  of  the  said  farm.  Wit: 
Hilliard  Veren  and  Eliezer  Gyles.  Copy  made  by  HiUiard 
Veren,t  cleric. 

t  Autograph. 


218  SALEM  QUARTERLY  COURT  [NoV. 

Mr.  John  Gifford  v.  Abraham  Briggs.  For  withholding 
12H.  10s.     Verdict  for  plaintiff.* 

*Writ,  dated  Nov.  21,  1676,  signed  by  Ephraim  Turner,! 
for  the  court,  and  served  by  Rich.  Wayt,t  marshal  of  Suffolk. 

Letter,  dated  Boston,  Nov.  25,  1676,  from  John  Joyliffef 
to  Mr.  Hilliard  Verine,  enclosing  three  testimonies  to  be  used 
in  this  case  which  Mr.  John  Gifford  desired  to  have  sworn. 

Copy  of  writ:  Hudson  Leverett,  assignee  of  John  Gifford  v. 
Ezekiel  Fogg,  skinner;  non-performance  of  an  obligation; 
signed  by  Jonath.  Negus,  for  the  court;  and  served  by  Re- 
turn Waite,  deputy  marshal  of  Suffolk.  Bond  of  Ezekiel  Fogg. 
Copy  made  by  Isa.  Addington,t  clerk. 

Copy  of  record  of  the  county  court  at  Boston,  Jan.  26,  1674, 
concerning  the  foregoing  action,  with  verdict  for  the  plaintiff. 
Copy  made  by  Isa.  Addington,t  cleric. 

Copy  of  record  of  the  county  court  at  Boston,  July  27,  1675, 
in  action  of  John  Gifford  v.  Hudson  Leverett,  for  debt,  which 
was  received  of  Mr.  Timothy  Mather  of  Dorchester  on  account 
of  said  Gifford,  with  verdict  for  plaintiff.  Copy  made  by 
Isa.  Addington,t  cleric. 

Copy  of  record  of  the  county  court  at  Boston,  Apr.  25,  1676, 
in  action  of  Abraham  Briggs  v.  John  Giffard,  for  debt,  with 
verdict  for  plaintiff.  Appealed  to  the  next  Court  of  Assist- 
ants.    Copy  made  by  Isa.  Addington,t  cleric. 

Copy  of  note,  dated  Nov.  19,  1674,  given  by  Hudson  Lev- 
erett of  Boston  to  John  Giffard  of  Lyn,  for  481i.,  to  be  paid 
within  three  days  after  receipt  from  Mr.  Ezekiell  Fogg.  Wit: 
William  Grice.  John  Giffard  assigned  this  bond,  July  14,  1675, 
to  Mr.  Abraham  Briggs.  Wit:  William  Letherland  and 
Thom.  Matson,  jr.  Copy  made  by  Joshua  Chick, f  who  made 
oath,  Nov.  25,  1676,  at  Boston,  before  John  Joyliffe,t  com- 
missioner. 

Copy  of  note,  dated  Nov.  30,  1674,  given  by  Hudson  Lev- 
erett of  Boston  to  John  Giffard,  for  161i.,  within  six  days  after 
receipt  from  Mr.  Timothy  Mather.  Wit:  Abraham  Briggs 
and  William  Grice.  John  Giffard,  Apr.  16,  1675,  assigned 
this  bond  to  Mr.  Abraham  Briggs.  Wit:  Samuel  Mattock  and 
Sampson  Shore.     Copy  made  by  Isa.  Addington,t  cleric. 

"Naighbor  Thomas  Matson 

"This  to  order  and  authorize  yo"  to  giue  Ezekiell  Fogg 
who  is  in  your  Custody  leaue  to  goe  abroad  at  large  about 
his  Concernements  he  haueing  pmised  me  for  to  remaine  whilst 
at  liberty  as  my  ppr  goods  tell  he  hath  satisfyed  me,  for  a 
prison''  will  pay  noe  debts,  and  therefore  soe  yo"  are  to  deliver 

t  Autograph. 


1676]  RECORDS    AND    FILES  219 

Moses  Pengry  v.  Steephen  Haskett.     Withdrawn. 

Moses  Pengry  v.  James  Davis.  Debt.  Verdict  for  plain- 
tiff.* 

John  Webster,  assignee  of  Thomas  Harris  v.  Benjamin 
Smith  and  Richd.  Haukes.     Debt.     Withdrawn. f 

Andrew  Tucker  and  Richard  Reith,  executors  of  the  will 
of  William  Pitcher,  deceased  v.  Phillip  Rundy.  Debt.  With- 
drawn. 

John  GrifRn,  administrator  of  the  estate  of  Susana  Satch- 
well  V.  William  Carr.     Debt.     Nonsuited. J 

him  to  me,  and  for  what  respects  either  me  as  assigne  to  Jno. 
Giffard  or  Abraham  Briggs  as  my  attorney  shall  be  you' 
Sufficient  discharge  as  wittniss  my  hand  this  IS*'*  of  May 
1676  he  payeing  the  fees. 

"Hudson  Leverett." 

Copy  made  by  Tho.  Matson,  jr.,§  prison  keeper,  Nov.  24, 
1676,  and  sworn  to  by  him  before  John  Joyliffe,§  commissioner. 

Jno.  Giffard's  bill  of  cost.  Hi.  4s. 

Copy  of  note,  dated  Sept.  27,  1675,  given  by  Hudson  Lev- 
erett to  Mr.  Abraham  Briggs,  for  lOli.  8s.,  which  he  promised 
to  pay  within  ten  days  after  his  return  from  the  army,  after 
Sept.  25,  1675.  Wit:  William  Phillips,  George  Pearson  and 
Jo.  Chick.     Copy  made  by  Isa.  Addington,§  cleric. 

Thomas  Joy,  aged  about  sixty-six  years,  deposed  concern- 
ing foregoing  writings.  Sworn  in  Boston,  Nov.  24,  1676, 
before  John  Joyliffe,§  commissioner. 

*Writ,  dated  Nov.  10,  1676,  signed  by  Robert  Lord,§  for 
the  court,  and  served  by  John  Lee,§  deputy  for  Robert  Lord,§ 
marshal  of  Ipswich. 

Deacon  Pingre's  bill  of  cost,  Hi.  5s.  4d. 

Bond,  dated  Mar.  21,  1675-6,  given  by  James  Davis  of 
Gloster  to  Deacon  Moses  Pengry  of  Ipswich,  for  51i.  Wit: 
Robert  Lord§  and  Mary  Lord.§  Sworn,  Nov.  27,  1676,  before 
Daniel  Denison.§ 

fBenjamin,  son  of  Francis  and  Elizabeth  Smith,  was  born 
Apr.  10,  1658,  as  appears  by  the  registry  of  births  in  Boston. 
Copy  made  by  Isa.  Addington,§  cleric.  Peter  Goulding  and 
Joseph  Smith  testified,  Nov.  7,  1676,  that  the  foregoing  Benja- 
min Smith  is  the  same  that  was  attached  by  Return  Wayte, 
marshal's  deputy,  to  answer  John  Webster,  assignee  of  Thomas 
Harris  at  the  next  county  court  at  Salem,  before  Anthony 
Stoddard, §  commissioner. 

IWrit:     John    Griffing    of    Bradford,    administrator   of   the 

§Autograph. 


220  SALEM    QUARTERLY    COURT  [NoV. 

Mr.  Harlackendine  Symonds  v.  Henry  Bennett.  Verdict 
for  plaintiff.  Appealed  to  the  next  Court  of  Assistants.  Said 
Bennett  bound,  with  Philip  Cromwell  and  Phihp  Fowler, 
sureties.* 

estate  of  Susanna  Satchwell  of  Haverhill  v.  Wm.  Carr;  debt, 
payable  in  silver  and  cattle  fit  for  slaughter;  dated  Nov.  21, 
1676;  signed  by  Nath.  Saltonstall.f  for  the  court;  and  served 
by  Andrew  Grelee,t  constable  of  Haverhill,  by  attachment  of 
land  belonging  to  defendant  near  Edward  Clarke's  in  Haver- 
hill, and  summons  left  with  his  wife  at  his  usual  abode  with 
Maj.  Pike  in  Salisbury. 

Copy  of  record  of  administration  granted  to  Hananiell 
Bosworth  and  John  Griffyn  of  the  estate  of  widow  Satchwell 
late  of  Haverhill,  at  Hampton  court  in  1672,  made  by  Tho. 
Bradbury,t  recorder. 

John  Griffing's  bill  of  cost,  21i.  2s.  lOd. 

Bond,  dated  July  21,  1674,  given  by  William  CarrJ  of 
Salisbury  to  the  administrators  of  the  estate  of  Susanna 
Satchwell  of  Haverhill,  for  121i.  in  silver  or  fat  cattle  fit  for 
slaughter.  Wit:  Hanah  Westf  and  John  (his  mark)  Robe. 
John  Robe  made  oath  Nov.  27,  1676,  before  Nath.  Saltonstall,t 
commissioner,  and  Hannah  West,  Nov.  27,  1676,  before  Daniel 
Denison.f 

*Writ:  Mr.  Harlakinden  Symonds  v.  Henry  Bennet;  for 
withholding  a  recompense  and  reward  due  plaintiff  from  de- 
fendant whom  he  employed  to  go  to  England,  promising  to 
give  him  half  the  legacy  left  by  Henry's  brother  in  London, 
and  after  much  charge  and  trouble  to  said  Symonds  and  other 
gentlemen,  obtaining  permission  from  the  executors  to  take 
the  lOOli.  legacy,  Bennet  refused  to  send  him  a  letter  of  attor- 
ney and  made  over  the  amount  to  another  person;  dated 
Nov.  23,  1676;  signed  by  Samuel  Symonds, f  Dep.  Governor; 
and  served  by  Robert  Lord,t  marshal  of  Ipswich.  Bond  of 
Henry  Benett,t  with  Phillip  Fowler,!  as  surety. 

Copy  of  papers  in  a  similar  action,  Nov.,  1675,  in  Salem 
court,  made  by  Hilliard  Veren,t  cleric. 

Jo.  Symonds,  Esq.,  of  Yeldham  magna.  County  Essex,  de- 
posed that  about  four  years  ago  Mr.  Harlakenden  Symonds 
came  to  deponent's  house  and  produced  a  letter  which  he 
received  of  one  Henry  Bennett  of  New  England,  directed  to 
one  Mr.  Henry  Jenings,  then  a  vintner  by  Bishopsgate  in 
London,  asking  for  payment  of  a  legacy  to  said  Henry  by 
the  will  of  William  Bennett,  deceased.  Deponent  and  Har- 
lakenden   travelled   forty    miles    and    more    to    said    Jening's 

tAutograph.  tA-Utograph  and  seal. 


1676]  RECORDS    AND    FILES  221 

house,  and  was  told  that  the  legacy  would  be  paid  as  soon  as 
a  letter  of  attorney  was  received,  and  a  whole  year  was  spent 
in  trying  to  collect  the  money.  One  Mr.  William  Abbott  pro- 
duced a  letter  which  he  said  he  received  from  Henry  Bennett 
directing  him  to  give  Harlakenden  30  or  40  shillings  upon  his 
account.  The  remainder  of  the  legacy  had  since  been  paid 
by  order  of  Bennett  to  one  Adkins.  Sworn,  May  9,  1676, 
before  Ed.  Lowe,*  Mr.  in  Cancell. 

William  Quarls,  aged  about  twentj^-eight  years,  deposed 
that  Harlakenden's  father  said,  "Soonn  doe  nott  goe  to  ing- 
land  for  Neighbor  benitt  will  nott  do  ony  Thing  nor  imploy 
you  unles  I  will  giue  in  bond  To  secure  him  from  you  which 
I  will  nott  doe."  Sworn,  Nov.  25,  1676,  before  Daniel  Deni- 
son.* 

William  Bennet,  aged  about  nineteen  years,  deposed  con- 
cerning the  agreement  his  father  made  with  Symonds  the 
night  before  the  latter  sailed,  etc.  Sworn,  Nov.  27,  1676, 
before  Daniel  Denison.* 

Samuel  Symonds,  Deputy  Governor,  testified  that  Harlak- 
enden Symonds  stood  in  need  of  some  money  for  his  voyage 
to  England  in  January,  1671  and  told  deponent  and  Bennett 
of  it,  but  deponent  not  having  so  much  silver  in  his  house  at 
that  time  as  was  needed,  he  was  troubled  as  to  how  he  should 
get  it.  Sir  Thomas  Temple  was  thought  of,  and  Bennett 
encouraged  borrowing  of  him  121i.,  half  of  which  Harlakinden 
was  to  pay.  Deponent  borrowed  the  money  and  Bennett  paid 
deponent  61i.  in  malt,  so  Harlackinden  fitted  himself  and 
went  to  sea,  etc.     Sworn  in  court. 

Wm.  Hathorne  deposed.     Sworn  in  court. 

Daniell  Epps,*  aged  about  fifty-two  years,  deposed  that  he 
was  at  his  father  Sj^monds'  house,  etc.     Sworn  in  court. 

Samuel  Epes*  of  London,  clerk,  deposed  that  he  heard  Mr. 
Henry  Gennings,  vintner,  of  London  tell  Mr.  Jno.  Hall  of 
Islington,  that  he  had  a  letter  from  Henry  Bennett,  etc. 
''May  the  ll**'  1676  Jurat  Coram  me  (Justiciarum  pacis  in 
Comitate  Middlesex  apud  paroch  Islington).  Tho.  Hariot." 
Sworn,  by  the  Worshll.  Thomas  Hariot,  Justice  of  the  Peace  in 
the  county  of  Middlesex,  at  London,  Sept.  1,  1676,  before 
Jo.  Marius,t  notarj'^  public. 

William  Benitt,  aged  about  fifty  years,  deposed  concerning 
being  at  Mr.  Symonds'  house,  etc.  Sworn,  Nov.  28,  1676, 
before  Daniel  Denison.* 

Ephraim  Fellowes  deposed.  Sworn,  Nov.  27,  1676,  before 
Daniel  Denison.* 

Jacob  Bennet,  aged  about  twentj-five  years,  deposed. 
Sworn,  Nov.  27,  1676,  before  Daniel  Denison.* 

*  Autograph.  f-A-utograph  and  seal. 


222  SALEM  QUARTERLY  COURT  [NoV. 

Frances  Waineright  v.  Christopher  Lattamore.  Debt. 
Withdrawn. 

Mr,  John  Gifford  v.  Abra.  Briggs.  For  withholding  a  cer- 
tain writing.     Verdict  for  defendant. 

Pearce  Anger  acknowledged  judgment  to  John  DaUn,  to 
be  paid  in  dry  fish.* 

John  Hall'sf   bill  for  fees:    search  in  the  prorogative  office 
for  Mr.  Bennet's  will,  Is.;    the  master  of  Chauncerie  for  Jus- 
tice Simonds'  affadavit,   Is.  6d.;    Justice  Harlot's  clerk's  fee 
for  John  Hall  and  Samuel  Epps'  affadavit,  2s. ;  Justice  Harlot's 
Coach  to  London  to  attest  the  depositions  to  the  public  notary, 
Is.  6d.;   to  the  Notaries  attestations,  5s.;   total,  Us. 
Bill  of  cost,  Hi.  16s.  6d. 
Hennerie  Bennetes  bill  of  cost,  Hi.  13s.  6d. 
Henery  Bennet's  answer  to  Harlakenden  Simonds'  declara- 
tion:   Simonds  took  Goodman  Bennet  by  the  hand  and  said 
in  cool  blood   "though  I  haue  donne  some  things  about  your 
buisnes  in  England  yett  not  comparable  to  w*  kindnes  I  haue 
Receiued  therefore  I  doe  freely  acquit  you  of  all  things  be- 
tweene  us,"  etc. 

A  true  narration  of  the  case:    Harlakenden  walking  with 
Jacob  Bennett  in  his  father's  farm  gave  the  former  to  under- 
stand that  he  had  a  rich  uncle  in  London.     Harlakenden  after- 
ward vv-ent  to  England  and  looked  up  William  Bennett,  and 
found  from  his  son-in-law,   Mr.  Jennings,  that  Bennett  had 
been  dead  a  year,  etc.     Harlakenden's  charges  were  for  going 
to   England   and  return,    161i.    10s.;    his  absence  from  home 
almost  two  years,  as  his  wages,  301i. ;    maintaining  himself  and 
horse,  121i.;    his  hazard  by  sea  and  land,  in  danger  of  bemg 
pressed  in  the  war  with  the  Dutch,  charge  in  finding  out  the 
persons    concerned,    procuring    a   counsellor    and    finding    the 
will,  41i.;    total,  621i.   10s.     The  attorney  referred  to  Rastell, 
"who  wrote  about  100  yeares  since  about  the  Termes  of  y^ 
Law  fol:    28:    v/ho  sayth:    a  contract  or  bargain  or  Covenant 
betweene  two  parties :   is  where  one  thinge  is  giuen  for  another 
which  is  called  Quid  pro  Quo:    For  saith  he  if  a  man  doth 
promise  to  give  me  20s.:   &  he  will  not  deliuer  it  to  me:   I  shall 
haue  no  action  to  recouer  this:    for  this  promise  was  a  bare 
promise  &  exnudo  pacto  non  oritur  actio:    but  if  one  peny 
had  bin  giuen  it  had  bin  a  contract,"  etc. 

*Bond,  dated  Nov.  27,  1676,  given  by  Perc  (his  mark)  Anger 

to  John  DoUen,  for  41i.   10s.  in  fish.     Wit:    Ben Fetonf 

and  John  How.f 

fAutograph. 


1676]  RECORDS    AND    FILES  223 

John  Grant  brought  before  the  court  to  answer  to  setting  on 
fire  the  house  of  John  Simons  of  Bradford  or  attempting  to  do  so, 
confessed  that  he  did  set  up  a  firebrand  against  the  house,  and 
was  ordered  to  be  whipped  and  sent  to  the  prison  at  Ipswich. 
It  was  also  ordered  that  John  Simons,  his  master,  should  have 
a  year  and  a  quarter  of  said  Grant's  time  after  the  indenture 
expired.     Fees  were  allowed  Mr.  Wilson  and  Capt.  Walker.* 

Benjamin  Parmiter  had  his  license  renewed  for  the  ensuing 
year. 

George  Norton,  guardian  of  Jacob  Rowell,  was  granted  power 
to  take  into  his  hands  said  Rowell's  estate  which  was  ordered 
to  him  on  30  :  7  :  1662,  at  Ipswich  court. f 

Rebecka,  relict  of  John  Fuller,  deceased,  was  appointed 
administratrix  of  her  husband's  estate  and  was  ordered  to 
bring  in  an  inventory  to  the  next  Salem  court. 

Thomas  Leonard,  Mr.  Purchas  and  Ensign  John  Gould 
were  freed  from  their  bonds. 

Peeter  Cheevers,  upon  his  humble  submission  and  con- 
fession of  his  offence  in  taking  a  false  oath,  was  restored  to 

*Commitment  of  John  Grant  to  prison  in  Ipswich,  signed 
by  Nath.  Saltonstall,t  commissioner,  Oct.  23,  1676,  Capt. 
Shubael  Walker  having  brought  him  before  said  commissioner 
and  Robert  Haseltine  taking  him  to  prison. 

"Goodman  Sceerey  I  haue  sent  to  the  court  on  John  Grant 
a  prissoner  our  deputy  Govenour  has  the  Complaint  I  pray 
do  me  that  favour  to  take  car  for  my  pay  he  has  bin  here 
fine  weeks  and  upward  it  corns  to  with  the  sending  of  him 
all  twenty  and  on  shillings  and  sixe  pence  so  I  rest  your  louing 
friend  Theophilus  Wilson.  | 
"28t'»  nouember  1676." 

fBond,  dated  Nov.  24,  1676,  given  by  George  Norton, J 
Thomas  Hart|  and  Samuell  HartJ  of  Ipswich,  as  securitj^ 
for  the  estate  of  Jacob  Rowell.  Sworn,  Nov.  24,  1676,  before 
Daniel  Denison.J 

George  Norton's  petition:  that  his  apprentice  ran  away 
from  him  about  a  year  and  a  quarter  before  his  time,  according 
to  indenture,  and  having  an  estate  valued  at  291i.  besides 
some  household  stuff  due  to  him  next  May,  and  petitioner 
fearing  that  there  might  be  some  fradulent  conveyance  of  it, 
he  asked  to  be  appointed  guardian  of  Jacob  Rowill. 

JAutograph. 


224  SALEM  QUARTERLY  COURT  [NoV. 

his   liberty   and   privilege    of   giving   evidence   upon    oath    as 
formerly. 

Capt.  Paul  White  complaining  of  being  over-rated  by  the 
selectmen  of  Newbery,  it  was  ordered  that  his  rate  be  abated 
and  the  selectmen  to  pay  the  whole  cost.* 

*Warrant,  dated  Nov.  18,  1676,  to  the  selectmen  of  New- 
bery for  Capt.  White's  appearance,  signed  by  Daniel  Deni- 
son,t  and  served  upon  Peter  Cheney,  one  of  the  selectmen, 
by  Dudley  Bradstreet.f 

Copy  of  summons  and  record  of  court,  Sept.  26,  1676,  at 
Ipswich,  relating  to  this  matter,  made  by  Robert  Lord,t  cleric. 

Warrant,  dated  21  :  9  :  1676,  for  the  selectmen's  appear- 
ance, served  by  Joseph  Pike,t  constable  of  Newbery. 

Delcaration  of  the  selectmen:  that  they  rated  him  con- 
scientiously and  impartially;  that  he  never  complained  to 
them,  else  they  might  have  heard  his  reasons,  etc. 

Dudley  Bradstreetf  and  Tho.  Woodbridgef  affirmed,  Nov. 
28,  1676,  that  there  are  more  than  ten  men  in  Newber}^  that 
have  four  times  the  visible  estate  that  Capt.  White  has  and 
are  not  rated  as  much  as  he.     Sworn  in  court. 

Letter  of  attorney,  dated  Sept.  21,  1676,  given  by  Paul  (his 
mark)  White|  of  Newbery  to  Mr.  Dudley  Bradstreet,  said 
White  not  being  able  to  travel  to  court  by  reason  of  his  age. 
Wit:  Benj.  Woodbridgef  and  Tho.  Woodbridge.t  Sworn, 
Sept.  25,  1676,  before  Nath.  Saltonstall,t  commissioner. 

Paul  White's  petition  to  the  Salem  court:  whereas  the  law 
gives  a  man  a  right  to  appeal  to  the  county  court  if  assessed 
more  than  he  thinks  is  fair,  he  states  that  he  has  only  two  heads, 
a  house  and  half  an  acre  of  land  in  all  the  town  rateable;  that 
he  is  rated  ten  rates,  eight  pounds,  while  some  in  town  have 
100  acres  of  land  and  thirty  or  forty  head  of  neat  cattle,  beside 
hogs  and  horses  which  are  not  rated  at  from  tvrenty  to  thirty 
shillings  so  much.  "If  any  object  that  my  gaines  by  shop 
keeping  is  considerable;  I  doe  here  affirme,  (and  shall  readily 
take  my  oath  to  it  being  called  thereto)  that  I  haue  not  sold 
fifty  pounds  worth  of  goods  this  twelue  months  as  by  ray  books 
will  appear,  and  it  is  like  to  be  twelue  months  more  before 
I  receiue  y'=  pay  for  what  I  haue  sold,  and  what  y®  profit  is,  is 
soone  knowne,  besides  I  pay  a  penny  in  y^  pound  for  all  my 
goods  as  soone  as  they  come  ashore."  He  asks  that  justice 
and  equity  be  granted  "and  yo''  petitioner  may  still  haue 
farther  Cause  to  bless  god  for  liuing  und''  soe  happy  a  Gouer- 
ment."     Referred,  18  :  5  :  1676,  to  the  next  Ipswich  court. 

t  Autograph.  tSeal. 


1676]  BECORDS   AND    FILES  225 

Paul  White's  petition,  dated  14  :  9  :  1676,  to  Salem  court: 
that  he  employed  a  friend  to  go  to  the  Selectmen  and  inquire 
the  reason  for  rating  him  so  high,  and  they  replied  that  it  was 
because  he  received  700  bushels  of  malt  yearly  in  town,  but 
he  stated  that  he  had  not  bought  lOOli.  worth  of  goods  in  a 
year  for  many  years,  except  what  he  had  come  from  Barbadoes, 
"which  is  my  wifes  childrens  estate,  neither  am  I  one  penny 
y^  better  for  it,  but  improue  it  for  them  as  their  Guardian 
besides  it  pays  y^  costome  as  soone  as  it  comes  into  y®  cuntrey, 
and  for  what  I  sell  if  it  be  Rum  I  pay  as  y®  Law  directs  to 
y^  Marshall  Genii,  for  y*  I  judge  noe  part  of  that  is  rateable 
to  the  Cuntrey  againe,  paying  more  at  y^  first  for  it  then  any 
Cuntrey  man  does  in  ten  rates  for  y^  like  value,  moreouer 
I  am  fain  to  buy  euery  stick  of  wood  I  burn,  every  inch  of 
timber  I  use  of  some  of  the  towne,"  etc. 

Broadside:  —  order  of  the  General  Court,  May  3,  1676, 
concerning  dooming  for  payment  of  rates  to  defray  the  ex- 
penses of  the  war,  etc. 

Paull  White's  bill  of  cost,  IH.  19s. 

Capt.  White,  debtor,  from  8  :  12  :  1675  to  11  :  9  :  1676  :  308 
bush,  malt  by  Danill  Lunt,  601i.  12s.;  by  George  Dean,  lOli. 
malt,  21i.;  11511.  malt  by  Danill  Lunt,  231i.;  fish.  Is.;  105H. 
malt  by  Danill  Lunt,  211i. ;  by  Joshuah  Richshen,  3s.;  Mr. 
Wadly,  201i.;  by  Danill  Lunt,  103H.  malt,  211i.;  by  601i. 
barly  by  Danill  Lunt,  121i.;  by  601i.  malt  by  Mr.  Wadley, 
12H.;  total,  171H.  16s. 

Paul  White's  rateable  estate,  given  to  the  selectmen  of  New- 
bery  in  August,  1675:  two  heads,  if  a  man  of  84  years  old 
and  a  Negro  be  ratable,  3s.  4d.;  his  housing  which  according 
to  common  estimation  may  be.  Is.;  Half  an  acre  of  Land 
which  they  valued  at  ten  shillings,  l-2d.;  single  rate,  4s.  4  l-2d. ; 
ten  rates,  21i.  3s.  9d.;  and  they  have  rated  him  to  ten  rates, 
81i.  2s.  4d.;   so  that  we  judge  their  error  to  be  51i.  18s.  7d. 

A  rate,  dated  Oct.  7,  1676,  made  by  order  of  the  court  of 
ten  small  rates  and  ISOli.  doom,  attested  by  Joseph  Pike,* 
constable  of  Newbery:  Mr.  Richard  Dummer,  31i.  15s.  7d.; 
Capt.  Gerrish,  71i.  5s.  4d.;  Johnathan  Woodman,  41i.  14s. 
4d.;  Mr.  Hills  &  John  Lunt,  41i.  9s.  6d.;  Mr.  Lowle  &  perci- 
vall,  5h.  16s.  8d.;  Mr.  Henery  Sewall,  31i.  14s.  4d.;  Mr.  John 
Sewall,  Ih.;  John  Bartlett,  sr.,  4h.  18s.  4d.;  Richard  Bart- 
lett,  sr.,  21i.  16s.  8d.;  Peter  Tappan,  41i.  8s.  6d.;  Hugh  March, 
31i.  18s.  4d.;  Capt.  White,  81i.  2s.  4d.;  Thomas  Woodbridge, 
81i.;  Henery  Jaques,  61i.  6s.  8d.;  Left.  Woodman,  31i.  18s.  8d.; 
Samuell  Plumer,  81i.  6s.  8d.;  Francis  Browne,  41i.  16s.  4d.; 
Richard   Knight  and  John  Kelly,   51i.    16s.   8d.;    Benj.    Rolf 

*  Autograph. 


tA  T     A 

GENERAL    COURT 

Held  at  Bofton  the  i^-  of  May 
i6j6 


For  defraying  the  Charges  already  expen(!ed  upon  the  VVarre, 
and  other  Charges  arifing  in  the  further  profecution  thereof, 
It  is  Ordered  by  thisCourtandihe  Authority  thereof,  that  there 
Hiall  be  ten  fingle  Countrcy  Rates  forthwith  aiTcffed,  and  colle<fled 
according  to  Law,  to  be  paid  in  fpecie  as  formcrlyj  and  to  abate  one  quar- 
ter part  to  any  that  lha!l  pay  money.  Alfo  that  the  Seled  Men  be  allowed 
^nd  impowcred  to  rate  llich  by  Will  and  Doom  as  are  known  to  be  men 
of  ability,  whole  eQatcs  in  a  great  meafurc  lye  "out  of  the  reach  of  the 
Law  being  undil"covcred,without  abatement  on  accoifnt  of  any  mans  pay- 
ing for  importation  of  Goods,  and  in  cafe  of  aggricvance  by  over- valua- 
tion, relict  be  to  given  to  fuch  in  fuch  a  way  as  the  Law  provides:  Provided, 
that  (uch  frontier  Towns  as  are  confiderably  vveaknedin  mens  Pcrfons 
orEftares  by  the  Enemy,  be  allowed  a  meet  abatement  of  their  propor- 
tions in  the  Rates,  their  Conditon  bcingby  their  Dcputycs  or  others  ap-' 
pointed,  reprefcnted  to  this  Court  at  their  next  Sefllons  :■  And  where  any 
Perfons  in  any  of  the  Towns  have  disburfcd  for  the  publick  relating 
to  the  Warr,  they  (liall  be  allowed  and  paid  the  fame  out  ot  the  Rates  of 
fuch  Towns  where  they  dwells  and  that  this  (hall  be  in  the  toom  of  all 
bills  for  aiTcifing  of  Rates  palTcd  this  Sefllons  of  Court. 


By  the  COURT  Edward  %tn^fon  Secr. 


1676J  RECORDS    AND    FILES  227 

Joseph  Miles  was  fined  for  drunkenness. 

Mr,  Richard  Croad  was  fined  for  seUing  beer  and  eider 
without  license,  and  was  granted  a  license  for  that  purpose. 

William  Lake  was  fined  for  selling  ale  and  cider  without  a 
license,  but  was  allowed  to  draw  what  he  had  laid  in  until  the 
first  of  May. 

Ruben  Gupp}^  was  fined  for  selling  ale  without  license,  and 
was  prohibited  from  selling  any  more  for  time  to  come. 

Frances  Collens  was  fined  for  drawing  and  selling  beer  in 
the  house  and  was  prohibited  from  selling  for  time  to  come. 

Mr.  Thadeus  Riddan,  complained  of  for  obtaining  a  license 
to  keep  ordinary  indirectly  and  also  being  under  some  reports 
of  keeping  bad  order  in  his  house,  court  considering  that  he 
had  formerly  had  a  license  and  that  he  had  laid  in  provisions 
for  that  end,  was  granted  a  license  for  the  ensuing  year,  to 
sell  beer,  wine  and  cider.  He  was  ordered  to  give  bond  that 
he  would  keep  good  order,  which  he  did,  with  Mr.  William 
Browne,  sr.,  as  surety. 

Robert  Lavis,  complained  of  for  drawing  and  selling  beer 
in  the  house  without  license,  was  fined. 

61i.  8s.  6d.;    Daniell  Lunt,  2H.   19s.;    John  Emery,  6h.   18s. 
6d.;    Daniell  Chene,  4h.  15s.  4d.;    Peter  Chene,  41i.  4s.   2d. 
William    Titcomb,    41i.    15s.    4d.;     WiUiam    Longfellow,    21i. 
Anthony  Sumerby,  41i.   15s.  4d.;    Joseph  Bayle,  31i.   8s.   6d 
John  Bayle,  8H.  9s.  8d. 

Henery  Jaquis  and  Benjamin  Rolfe  testified  that  Capt. 
Paul  White  had  a  dwelling  house,  a  still  house,  two  warehouses, 
and  a  shop  Avith  liquor  and  goods,  worth  at  least  lOOli.,  besides 
his  trade  of  stilling  and  selling  of  goods  which  produces  much 
barley,  beef,  pork,  butter  and  money. 

Henery  Jaquis,  aged  fiftj^-six  years,  deposed  that  Mr. 
Thomas  Woodbridge  told  deponent  that  he  knew  his  father 
White's  estate  better  than  anyone  in  town  and  it  was  worth 
50011.  Also  when  the  constable  summoned  Capt.  White's 
book,  the  latter  said  it  should  not  come  for  there  were  1,000  li. 
upon  his  books. 

Wm.  Chandler,  aged  about  sixty  years,  deposed  that  since 
Jan.  1,  Capt.  White  had  had  three  butts  of  wine  delivered  in 
to  his  cellar,  and  he  had  a  butt  and  a  half  there  not  saleable. 
He  also  had  fifteen  or  sixteen  barrels  of  beef  and  pork  and  about 
three  or  four  firkins  of  butter,  besides  barley. 


228  SALEM  QUARTERLY  COURT  [Nov. 

Christopher  Waler's  will*  was  allowed  and  Margeret,  the  relict, 
was  ordered  to  bring  in  an  inventory  to  the  next  Salem  court. 

Josiah  Roots,  petitioning  the  court  to  be  freed  from  the 
service  of  the  country  at  common  training  on  account  of  his 
age  and  weakness,  was  dismissed. 

John  Dodg  of  Wenham,  who  was  not  able  of  body  to  do 
service  in  the  troops  and  petitioned  to  be  released,  was  dis- 
missed from  the  troop  that  was  under  the  command  of  Capt. 
Corwin. 

Capt.  Marshall,  Mr.  Daniell  King,  Benjamin  Parmiter,  John 
Procter,  William  Edmonds  and  Mr.  John  Gedney  had  their 
former  licenses  renewed  for  keeping  a  public  house  of  enter- 
tainment. 

Mr.  Edmond  Batter,  Capt.  George  Corwin,  Mr.  William 
Browne,  sr.,  Leift.  John  Price,  Mr.  John  Hathorne,  Salem, 
Mr.  Bar.  Gedney,  Mr.  John  Ruck,  Capt.  White,  Ambrose 
Gale  and  Mr.  John  Turner  had  their  former  licenses  renewed 
for  selling  strong  water. 

There  being  a  complaint  made  by  Erasmus  James  of  the 
misdemeanors  of  his  servant  Edward  Bennett  in  running 
away,  court  ordered  that  he  serve  his  master  one  quarter  of 
a  year  longer  than  his  term  by  indenture. 

Upon  petition  of  Tho.  Abbitt,  for  redress,  he  being  rated 
for  the  head  of  a  lunatic  person,  whom  he  kept  in  his  house, 
to  18  rates  for  the  charge  of  the  late  war,  court  declared  that 
no  lunatic  person  is  ratable. f 

*Will  of  Christopher  (his  mark)  Waller,  dated  Oct.  7,  1676, 
was  proved  30  :  9  :  1676  in  Salem  court:  "Imprimis  I  giue 
vnto  Margaret  my  wife  my  dwellinge  house,  my  outhouses, 
and  my  orchard  with  al  my  land  therevnto  belonginge  to 
be  hers  and  at  her  disposinge.  Item  I  giue  vnto  the  sayd 
Margaret  my  wife  my  Catle  with  al  my  moueable  goods  that 
she  may  be  the  better  enabled  to  pay  my  debts.  Item  I  giue 
vnto  Joseph  Woodrow  ten  pounds  to  [be]  payd  unto  him  out 
of  my  estate  at  the  age  of  twenty  one  yeares  he  Continuinge 
to  liue  with  my  wife  as  formerly  vnto  that  age  Item  I  doe 
appoynt  my  wife  Margaret  to  be  executrix  and  my  brother 
in  law  Nathaniel  Felton  ouerseer."  Wit:  Nathaniel  Felton| 
and  Edward  Berry. | 

fThomas  Abbott's  complaint. 

JAutograph. 


1676]  RECORDS    AND    FILES  229 

Samuell  Moore  and  Joanah  his  wife  were  fined  for  incon- 
tinency  before  marriage,  and  she  was  to  appear  at  the  next 
Salem  court. 

William  Cockes  and  his  wife  were  fined  for  incontineney 
before  marriage,  said  Cockes  confessing.  His  wife  was  or- 
dered to  appear  at  the  next  Salem  court. 

Mary,  daughter  of  John  Petherick,  with  her  husband,  John 
Searle,  [a  Jerseyman.  —  Waste  Book.]  presented  for  com- 
mitting fornication  before  marriage,  were  fined,  and  said 
Mary  was  ordered  to  appear  at  the  next  Salem  court. 

A  warrant  was  ordered  to  be  issued  against  Ralph  Hale 
and  Elizabeth  his  wife  for  appearance  at  the  next  Salem  court 
upon  charge  of  fornication. 

Administration  upon  the  estate  of  Ephraim  Skerry,  de- 
ceased, was  granted  to  the  relict,  who  was  to  bring  in  an  in- 
ventory to  the  next  Salem  court. 

Richard  Norman's  case  was  referred  to  the  Worshipful 
Maj.  Wm.  Hathorne  to  end. 

Samuell  Putnam  dying  intestate,  Elizabeth,  the  relict, 
brought  in  an  inventory*  of  his  estate  and  was  appointed 
administratrix. 

John  Ossgood,  aged  about  forty-six  years,  deposed  that 
Thomas  Parker,  who  lately  lived  with  Tho.  Abbet,  about 
five  or  six  years  ago  lived  with  deponent  about  nine  years. 
He  was  "a,  lunaticke  mane  one  parte  off  the  moone  hee  was 
very  much  out  off  his  sences  &  sum  times  outragosly  mad 
or  distracted  so  as  that  hee  oftintimes  indangerd  the  great 
hurte  or  death  of  my  wiff  &  children  so  that  I  did  not  dare  to 
kep  him  any  longer,  when  hee  was  in  his  well  Frame  he  would 
work  well  with  gidinge,  etc. 

George  Abbete,  aged  about  forty-four  years,  deposed  that 
he  occasionally  worked  with  Thomas  Parker  at  his  brother's 
and  Parker  often  used  to  roam  in  the  woods  distracted  and 
spoil  his  clothes,  etc. 

*Inventory  of  the  estate  of  Samuell  Puttnam,  deceased, 
taken  Nov.  17,  1676,  by  Jacob  Barneyf  and  Joshua  Rea,t 
and  allowed,  29  :  9  :  1676,  in  Salem  court:  foure  Cowes,  IIH.; 
tow  steers,  51i.  10s.;  three  yearleing,  31i.;  one  horse,  21i. 
10s.;  Eighteen  sheep,  41i.  8s.;  one  feather  Bed  &  bedsted 
And  Curtains,  valins,  one  Rug,  Tow  Blainkets,  tow  par  sheets, 

t  Autograph. 


230  SALEM  QUARTERLY  COURT  [NoV. 

Michaell  Lambert  dying  intestate,  administration  of  the 
estate  was  granted  to  Ellenor,  the  relict,  who  made  oath  to 
the  inventory*  brought  in  and  was  ordered  to  pay  to  the  four 
children  of  the  deceased,  Michaell,  Moses,  Abigaile  and  Re- 
becka,  to  the  eldest  son,  40s.,  and  to  the  others  20s.,  payable 
to  the  sons  at  twenty-one  years  of  age  and  the  daughters  at 
eighteen  years  or  at  marriage. 

John  Huchenson  dying  intestate,  administration  was  granted 
to  Sarah,  the  relict,  who  brought  in  an  inventory,!  and  was 
ordered  to  appear  at  the  next  Salem  court. 

one  pillow,  one  thinn  Rug,  81i. ;  warring  aprell,  51i.  6s.  6d.; 
seaverell  lining,  21i.  17s.  6d.;  waring  apprel,  51i.  6s.  6d.;  Table 
Cloathe,  napkins,  with  other  Linin,  21i.  17s.  6d.;  putter,  iron 
&  Brasse,  21i.  17s.;  Cuberd,  Chests  &  Booxe,  31i. ;  26  pound 
of  yarne,  21i.  9d.;  20  pound  woolle.  Hi.;  one  gunne.  Hi.; 
one  wheell  &  Chair,  hors  takell,  7s.  6d. ;  iron  ware,  9s.;  five 
swinne.  Hi.  10s.;  one  Reaper,  16s.;  Cottenn  wooU,  Cheair 
tow.  Tow  earthen  dishes,  plow,  9s.;  one  Blankett  &  sive, 
lis.;  one  Chaine  &  Bible  with  other  things.  Hi.  Is.;  one 
hundred  ackers  of  land,  751i.;  one  halfe  of  prices  medow 
Being  about  tenn  ackers,  151i. ;  one  house,  51i.;  total,  1911i. 
7s.  3d. 

*Inventory  of  the  estate  of  Miell  Lambard,  appraised  by 
Thomas  Farar  and  William  Bassett,  and  allowed,  29  : 9  : 
1676,  at  Salem  court:  one  cow,  31i.;  one  hors  and  on  mare, 
41i. ;  8  sheep  and  2  lambs,  31i.  14s. ;  2  great  swin  and  3  shouts, 
31i.  10s.;  30  bushells  of  Ingen  corn,  41i.  10s.;  9  bushells  of 
barly,  Hi.  16s.;  2  bushells  of  pees,  8s.;  3  bushells  of  ots,  6s.; 
10  bushells  of  ell  corn,  15s.;  4  pare  of  shetes,  21i.  10s.;  pilo- 
bars  and  napkins  and  touells.  Is.;  12  yards  of  linsy  wolsy 
cloth,  Hi.  10s.;  20  pound  of  woll.  Hi.;  wearing  clothes  and 
3  shorts  and  1  hat.  Hi.  10s.;  in  beds  and  beding,  31i.  2s.;  1 
cobard.  Hi.;  4  chests  and  1  box,  15s.;  1  tabel  and  2  whells  and 
cards,  1  kneding  trof,  15s.;  chars  and  1  cradl,  12s.;  pots  and 
ketells  and  lorn  ware,  31i.  15s. ;  putr,  earthen  ware  and  wooden 
weare,  31i.  5s.;   flax,  10s.;    1  hous,  51i.       Debts,  17s. 

tSarah  Huchinson's  petition:  that  the  estate  of  her  hus- 
band John  Huchinson  be  divided  between  herself  and  child; 
that  she  have  all  the  moveable  goods  and  the  bringing  up  of 
the  child;  that  she  have  all  the  land  until  her  child  was  eighteen 
years  of  age  and  then  the  child  to  have  one-third  part;  that 
at  her  death  to  have  one  part  more  of  all  the  land  and  the 
other  third  part  to  be  at  her  disposing. 

Inventory  of  the  estate  of  John  Huchison,  who  deceased 


1676]  RECORDS   AND    FILES  231 

Will*  of  James  Browne,  glazier,  was  proved,  and  Sarah,  the 
relict  and  executrix  was  ordered  to  bring  in  an  inventory  to 
the  next  Salem  court. 

about  Aug.  2,  1676,  taken  Nov.  8,  1676,  by  Nathaniell  Inger- 
sollf  and  Joshua  Rea,t  and  allowed,  29  :  9  :  1676,  in  Salem 
court:  waring  apparrell,  61i.  10s.;  foure  oxen,  181i.;  five 
Cowes,  151i.;  two  three  years  old,  51i.;  tow  yearling,  31i.  10s.; 
tenn  Sheep,  31i.  10s.;  five  Horskind,  51i.;  one  Horse,  41i.  10s.; 
tow  Calfes,  Hi.  10s.;  five  Hogges,  31i.;  sevenn  pigges,  Hi. 
15s.;   two  hundred  ackres  of  land  &  medow  &  orcharde,  one 

house    &    Barne,    ;    in   iron,    12s.;     one   friing    pann,    1 

iron  pott,  13s.;  tow  axes  &  other  tooles,  13s.;  three  parre 
Sheettes,  21i.;  one  wheell,  tow  pare  pillowberes,  10s.  6d.; 
napkins,  table  cloth.  Hi.  2s.;  Bassen  &  putter,  17s.;  wooden 
ware,  Cheste,  9s.;  one  fether  bed,  3U.  10s.;  woollen  yarne  & 
woolle,  21i.;  Rug,  Blanketts  new  Cloath,  21i.  5s.;  tow 
gunnes,  21i.  15s.;  yokes,  chaine,  sheer,  coulter,  IH.;  cleves  & 
pinn,  foure  pillowes.  Hi.  3s.;  Engling  corn  &  hay,  6K.  10s.; 
money,  7s.;  100  ackers  of  land  with  halfe  the  houseing  In 
present  possesion  &  100  ackers  of  land,  Revertion  as  appeareth 
By  deed  of  giffte,  13011.  Debts  due  to  the  estate,  71i.  14s.; 
250  ackrs  of  land,  401i.;  debts  due  from  the  estate,  151i.  10s.; 
total,  273H.  5s.  6d. 

*Will  of  James  BrowneJ  of  Salem,  dated  29  :  11  :  1674, 
and  proved,  29  :  9  :  1676,  in  Salem  court:  "I  giue  &  bequeath 
unto  my  beloued  wife  Sarah,  my  dwelling  house  &  out  hous- 
ing, with  the  ground  adjoyning  lying  heare  in  Salem,  duering 
her  naturall  life,  and  at  her  decease  to  be  disposed  of  as  fol- 
loweth,  my  will  is  that  my  eldest  son  John  Browne,  whoe 
haue  had  his  portion  giuen  him  formerly.  And  doe  further 
will  &  order,  of  that  estate,  left  by  Henry  Bright  of  water 
Towne,  deceased,  which  is  my  proper  right  &  due,  in  con- 
sideration of  moneys  lent  to  him  or  paid  for  him  many  years 
agoe,  which  said  estate  I  leaue  my  son  to  recouer  all  my  right 
&  interest  in  that  estate,  or  that  of  right  doe  belong  to  me, 
he  the  said  John  Browne  shall  haue  the  one  half  there  of  to 
himself  his  heires  &  assignes,  he  paying  the  one  halfe  of  the 
charge  of  what  he  does  recouer,  &  the  other  halfe  of  what 
estate  he  shall  recouer  as  aforesaid  to  be  to  Sarah  my  said 
wife  &  to  her  heires  &  assignes  for  euer. 

"wheare  as  there  are  certaine  writings  drawne  betweene 
my  said  wife  &  my  son  James  Browne,  bearing  date  10  march 
1672:  wherein  on  my  wiues  pt,  all  the  houseing  &  land  lying 
in  Newbery,   Giuen  &  bequeathed  to  my  said  wife,   by  her 

t  Autograph.  $  Autograph  and  seal. 


232  SALEM  QUARTERLY  COURT  [NoV. 

father  John  Cutting  deceased  in  his  last  will  &  testament, 
are  made  ouer  to  my  said  son  James  Browne,  &  to  his  heires 
for  euer,  he  on  his  pt  paying,  p  Annum  to  his  mother  soe  long 
as  shee  hues,  soe  much  as  is  exprest  in  sd  writing,  &  at  her 
decease  to  pay  or  cause  to  be  paid  thirty  hue  pounds,  to  be 
paid  for  the  use  of  my  other  children,  according  as  is  heare 
after  exprest,  which  is  my  will  with  the  mutuall  agreem^ent 
of  my  said  wife. 

"It.  I  giue  to  my  son  Samuell,  my  dwelling  house  &  out 
houseing  with  soe  much  of  the  ground  belonging  therevnto, 
begining  next  to  Samuell  pickworth  grounds  &  from  thence, 
northerly,  to  take  in  one  pole  beyond,  on  the  north  side  of 
the  barne,  &  soe  right  cross  the  ground  from  the  highways  to 
John  Gedney  deceased  his  Ground,  to  haue  &  inioy  the  same, 
to  him  his  heires,  &  assignes  for  euer,  next  after  his  mothers 
decease,  he  paying  fifteene  pounds  for  the  use  of  my  daughters, 
to  be  deuided  as  is  heare  after  exsprest,  &  my  will  is  that  my 
son  Samuell  shall  line  with  his  mother  to  be  helpful!  to  her 
untill  he  come  to  y''  age  of  one  &  twenty  yeares 

"Item  I  giue  to  my  son  Abraham,  about  thirty  two  pole  of 
the  ground  belonging  to  my  dwelhng  house  to  begin  at  one 
pole  beyond  the  barne  as  aforesaid  &  to  exstend  fower  pole 
in  bredth  next  the  highway  &  soe  to  run  right  cross  y^  same 
Bredth  to  the  land  of  John  Gedney  aforesaid,  to  haue  &  to 
Injoy  the  same,  to  him  his  heires  &  assignes,  next  after  his 
mothers  decease,  but  in  case  the  said  Abraham  dept  this 
life  befor  he  come  to  the  age  of  twenty  one  yeares,  then  the 
said  pcell  of  ground  to  fale  to  my  son  Samuell  &  further  my 
will  is  that  my  son  Abraham  shalbe  under  my  wiues  care  & 
dispose,  the  time  after  he  haue  serued  his  apprentice  ship 
untill  he  come  to  the  age  of  one  &  twenty  yeares. 

"It.  I  giue  vnto  my  said  wife  Sarah,  the  rest  of  the  ground, 
beyond  that  thirty  two  pole  of  ground  giuen  to  my  son  Abra- 
ham, northward,  to  the  ground  of  John  Cromwell,  for  her  to 
dispose  of  for  the  paiment  of  my  debts  or  for  her  necessary  use 
the  time  of  her  life,  &  in  case  she  be  not  necessitated  to  sell 
the  said  land  in  her  life  time,  for  paiment  of  debts  or  for  her 
necessary  vse,  then  at  her  decease  my  son  Abraham  shall 
inioy  it,  he  paying  fower  fifthes  of  the  value  thereof  for  the 
use  of  his  fower  youngest  sisters:  viz:  Anna:  Mary,  Abigaile 
&  Martha:  equally  to  be  deuided  amongst  ym  or  the  longest 
liuers  of  ym:  If  any  dy  before  they  come  to  ye  age  of  eighteene 
years  or  married 

"It  further  my  will  is  that  the  thirty  fine  pounds,  that 
my  son  James  is  to  pay  &  the  fifteen  pounds  that  my  son 
Samuell  is  to  pay  at  their  mothers  decease,  which  is  fifty 
pounds,  in  all  be  equally  deuided  amongst  my  fiue  daughters, 


1676]  RECORDS    AND    FILES  233 

Mary,  the  relict  and  executrix  of  John  Porter's  estate, 
brought  in  an  inventory*  of  the  estate  to  which  she  made  oath. 

viz:  Sarah  Beasly:  Anna:  Mary,  Abigaile  &  Martha  Browne, 
that  is  to  say  ten  pound  each  of  them,  to  be  paid  at  their 
mothers  decease,  at  y^  age  of  eighteene  5'eares  or  marriage, 
&  my  will  is  that  in  case  any  of  them  d}'  before  they  come 
to  age  or  are  marj'ed,  then  her  or  theire  pt  to  fale  to  those 
of  my  daughters  y*  doe  suruiue,  to  be  equally  deuided  amongst 
them  "Lastly  I  giue  to  mj'  said  wife  all  the  rest  of  my  estate 
when  my  debts  are  paid:  &  doe  appoj'nt  her  my  sole  execu- 
trix of  this  my  last  will,  &  doe  appoynt  my  Brother  Nicholas 
Noyce  And  Hilliard  Veren,  sen.  to  be  ouerseers."  Wit:  Hil- 
liard  Veren,  sr.f  and  Samuell  Pickworth.f 

*Inventory  of  the  estate  of  John  Porter  of  Salem,  taken 
Sept.  22,  1676,  and  allowed,  30  :  9  :  1676,  upon  oath  of  Mary, 
the  relict:  his  dwelling  house  with  the  barn,  outhouses,  or- 
chard and  all  the  land  thereunto  belonging  called  Sharp's 
farme,  60011.;  land  commonly  called  Skelton's  Neck  being 
200  acres  or  thereabouts,  40011. ;  land  called  Bishop's  farme 
with  the  land  belonging  to  it  called  blinde  hole  beinge  about 
500  acres  whereof  45  acres  meadow,  50011.;  land  called 
Smith's  farme  being  about  90  acres  10  acres  of  it  meadow, 
9011.;  land  called  Cromwell's  farme  being  about  200  acres, 
20  acres  of  it  meadow,  20011.;  130  acres  adjoininge  to  Crom- 
well's farme,  lOOli.;  10  acres  of  meddow  called  Got's  meadow, 
2011.;  180  acres  called  Gott's  corner,  30011.'  70  acres 
bought  of  John  Robinson,  401i. ;  1  1-2  acre  of  land  neare  bass 
poynt,  51i.;  3  poole  of  land  in  the  towne,  111.  10s.;  12 
acres  bought  of  John  Hathorne,  81i.;  12  acres  of  barly,  271i.; 
2  acres  of  Pease,  31i.;  1  acre  of  wheate.  111.  12s.;  12  acres  of 
Indian  corne,  2411.;  33  load  of  hay,  331i. ;  46  ewe  sheepe  and 
wethers,  fourteen  lambes,  2511.;  eight  oxen,  3511.;  fifteen 
Cowes,  5211.  10s.;  nine  two  yeare  old  catle,  221i.  10s.;  8 
yearelings,  121i. ;  2  three  yeare  old  steirs,  711.;  10  Calves, 
711.  10s.;  1  bull,  31i.;  14  swine,  2111.;  11  younge  shots,  51i. 
10s.;  6  mares,  9H.  10s.;  5  horses,  1511.;  2  Colts,  111.  10s.; 
1  younge  Calfe,  10s.;  a  feather  bed,  bolster,  1  pillow,  a 
pajTe  of  sheets,  a  Rug  and  blanket,  61i.;  a  feather  bed,  3 
bolsters  a  coverlet,  payre  of  blankets,  2  pillows,  a  bedstead, 
with  Curtains  and  vallens,  811.;  a  feather  bed  and  2  bol- 
sters, 1  Rug,  a  pajTe  of  blankets  &  pillow,  511.  10s.;  a  bed 
&  bolster,  1  Rug,  a  blanket  and  payre  of  sheets,  41i.;  1  bed 
&  bolster  &  Rug  and  blanket,  211. ;  1  bed  and  bolster,  2  Rugs, 
&  2  blanketts,  31i.  10s.;    a  bedstead  an  old  Rug  and  coverlet, 

fAutograph. 


234  SALEM  QUARTERLY  COURT  [NoV. 

Fined  by  Major  Hathorne,  22  :  11  :  1676: 

Josiah  Browne,  for  abusing  Ensign  Richard  Norman  in 
the  discharge  of  his  office  for  the  country.  Wit:  Ensign  Nor- 
man, Erasmus  James  and  James  Dennis. 

Henry  Keney,  John  and  Thomas  Rayment  for  telling  a 
willful  lie. 

William  Woods,  for  "wearing  his  haire  long  as  womens 
haire." 

a  bolster  and  pillows,  Hi.  10s.;  2  Rugs,  31i.;  2  payre  of  hol- 
land  sheets,  41i.;  8  payre  of  sheetes,  8Ii.;  8  yards  of  linnen 
cloth,  Hi.;  a  fine  table  cloth,  11  Napkins,  6  course  napkins, 
a  table  cloth,  2  pillow  beares,  31i.;  1  old  trunke,  1  case  botls, 
a  litle  truncke,  a  box  and  chest.  Hi.  10s.;   1  flaggon,  12  platters, 

2  potts,  2  old  platters,  2  old  cups,  2  candlesticks,  a  salt,  an 
old  pestle  &  morter,  31i.;  silver  spoones,  a  porringer  and  two 
spoones.  Hi.;  3  brasse  pans,  Hi.;  2  brasse  pots,  2  skillets, 
Hi.;  an  iron  pot  and  ketle.  Hi.  10s.;  6  keilers,  6  payles,  16s.; 
4  hakes,  a  fire  shovel  and  tongs,  2  spits  and  a  drippinge  pan, 
Hi.  8s.;  6  Cushions,  12s.;  401i.  wollen  yerne,  31i.;  601i.  sheep's 
wool,  21i.;  1  Table,  6  joynd  stooles.  Hi.  10s.;  1  Carpet,  10s.; 
1  old  Table  and  forme,  5s.;    1  Trundle  bedstead  &  chest,  10s.; 

3  Andirons,  Hi.;  a  Chafeinge  dish  &  warminge  pan,  5s.;  a 
fowlinge  peice,  2  muskets,  a  Rapier  and  two  swords,  41i.; 
Chayres,  10s.;  2  broad  axes,  6  old  axes,  a  hatchet,  12s.;  5 
wedges  &  betle  Rings,  10s.;  an  iron  pot  and  brasse  pan,  lli.; 
an  old  trough  and  old  barrels,  lli. ;  a  thwart  saw,  5s. ;  2  Carts 
with  yookes  and  chaynes,  61i.  10s.;  6  plowes,  21i.;  5  forks  & 
a  muck  forke,  5s.;  a  harrow,  10s.;  3  Augers,  a  handsaw,  a 
tenant  saw  and  Ads  &  iron  Crow,  Hi.;  2  sythes,  5s.;  old 
barels  &  tubs,  Hi.;  Bookes,  31i.;  2  negro  servants,  401i.;  3 
Inglish  servants,  301i.;  his  wearinge  apparell,  201i.;  total, 
2,753H.  5s. 

Jury  of  inquest  upon  the  death  of  Samuell  Adams,  son  of 
Samuell  Adams  reported,  Sept.  29,  1676,  that  "by  the  best 
light  by  thos  that  wher  with  the  cart  that  the  child  with  other 
children  set  in  the  hinder  part  of  the  cart  that  the  said  child 
did  go  forward  and  the  cart  going  down  A  hill  the  cart  gav 
a  goult  and  it  fel  of  and  the  wheel  as  we  conceiue  went  ouer 
his  head;"  signed  by  Theophilus  Wilson,*  Thomas  Lovell,* 
John  Safford,*  Joseph  Safford,*  Nicolas  Wallis,*  Joseph 
Whipple,*  John  Gaines,*  Thomas  Clarke,*  Edward  Deare,* 
John  Finder,*  Thomas  French*  and  Josiah  Clarke.*  Sworn, 
Sept.  30,  1676,  before  Daniel  Denison.* 

*Autograph. 


1676]  RECORDS    AND    FILES  235 

Execution,  July  3,  1676,  against  Mr.  Oliver  Purchase,  for 
the  portion  of  the  Lynn  Iron  works  of  Mr.  John  Pain  of  Bos- 
ton, deceased,  and  now  in  possession  of  said  Oliver,  to  satisfy 
judgment  granted  Maj.  Samuell  Appleton,  27  :  4  :  1676,  at 
Salem  court;  signed  by  Hilliard  Veren,*  clericus,  and  served 
by  Henery  Skerry,*  marshal. 

Execution,  dated  1:2:  1676,  against  Benjamin  Morgaine 
and  Joseph  Morgaine,  to  satisfy  judgment  granted  Henry 
Bennett,  30  : 4  :  1674,  at  Salem  court,  signed  by  Hilliard 
Veren,*  cleric,  and  served  by  Henery  Skerry,*  niarshal,  at 
Morgan's  house  in  Beverly.     Mr.  Bradstreet  mentioned. 

Execution,  dated  18  :  2  :  1676,  against  John  Giffords,  to 
satisfy  judgment  granted  to  Henry  Dispaw,  jr.,  30  :  9  :  1675 
at  Salem  court,  signed  by  Hilliard  Veren,*  cleric,  and  served 
by  Henery  Skerry,*  by  attachment  of  pewter  platters  and 
plates,  bason,  chamber  pot  and  one  old  porringer,  which  he 
delivered  to  said  Dispaw  in  Mr.  John  Hawthorne's  house. 

Execution,  dated  27  :  5  :  1676,  against  Richard  Holling- 
worth,  to  satisfy  judgment  granted  to  Mr.  Phillip  Cromwell, 
20  :  5  :  1675,  at  Salem  court,  signed  by  Hilliard  Veren,*  cleric, 
and  served  by  Henery  Skerry,*  marshal  of  Salem,  by  attach- 
ment of  said  Hollingworth's  orchard  as  appraised  by  Mr. 
Phippeny  and  Christopher  Babage,  which  was  next  to  his  own 
land  and  reached  nearly  to  the  corner  of  Mr.  Hollingwood's 
dwelling  house. 

Execution,  dated  27  :  5  :  1676,  against  Richard  HoUing- 
worth,  to  satisfy  judgment  granted  to  Mr.  Henry  Barthol- 
mew,  July  20,  1675,  at  Salem  court,  signed  by  Hilliard  Veren,* 
cleric,  and  served  by  Henery  Skerry,*  marshal. 

Abraham  Cole*  and  Joseph  Phippen,*  certified  on  3:9: 
1676,  that  they  appraised  Richard  Hollingworth's  land  in  his 
orchard  near  the  ferry  to  Marvelhead,  upon  request  of  Mr. 
Philip  Cromwell  and  Marshal  Skerry.  Sworn  by  Abraham 
Cole  at  Salem,  Sept.  18,  1690,  Joseph  Phippen  being  deceased, 
before  John  Hathorne,*  assistant. 

Execution,  dated  July  1,  1676,  against  Mary  Kemboll, 
widow^  and  administratrix  of  the  estate  of  Henry  Kemboll,  to 
satisfy  judgment  granted  John  Brimblecom,  27  :  4  :  1676,  at 
Salem  court,  signed  by  Hilliard  Veren,*  cleric,  and  served  by 
Henery  Skerry,*  marshal. 

Execution,  dated  23  :  7  :  1676,  against  Benjamin  Lowell, 
to  satisfy  judgment  granted  Mr.  Richard  Lowell,  June  30, 
1674,  at  Salem  court,  signed  by  Hilliard  Veren,*  cleric,  and 
served  by  Henery  Skerry,*  marshal. 

Henry  Benet's*  bond  for  appearance  at  Ipswich  court,  dated 
Feb.  15,  1675,  in  his  action  against  Peeter  Young. 

*Autograph. 


236  SALEM  QUARTERLY  COURT  [NoV. 

Sarah  (her  mark)  Pyper's  bond  for  appearance,  before 
Major  Gen.  Denison,  dated  Sept.  18,  1676,  in  her  action 
against  Thomas  Tredwell. 

John  Baker's*  bond  for  appearance  before  Maj.  Genii. 
Denison,  dated  Sept.  18,  1676,  in  his  action  against  John 
Edwards. 

Benjamin  Newman's  bond  for  appearance  before  Maj. 
Genii.  Denison. 

Bozoon  Allen's  charges.     Abra.  Jewet  mentioned. 

John  Lee's  bill  of  cost  against  John  Mattone,  by  whom  said 
Lee  was  arrested  and  ordered  to  appear,  Sept.  26,  1676,  at 
Ipswich  court,  14s. 

Petition  of  John  Bridge:*  "whereas  I  have  some  tymes  beene 
a  servant  to  Nathanaell  Wells  and  according  to  my  ability 
have  served  him  faythfully  for  the  space  of  two  j^eares  and 
thre  quarters  and  he  haveing  shamefully  abused  and  beaten 
me,  soe  that  it  is  questionable  wheather  ever  I  shall  be  sound 
againe  or  not,  he  beate  me  so  much  one  Saboath  day  after 
meeting  which  I  counted  an  unfitt  tyme  for  such  discipline 
if  I  had  deserved  it  that  I  was  sick,  and  uncapable  to  doe  any 
worke.  And  at  last  he  giving  me  some  tyme  that  was  due  to 
him,  turned  me  away  without  any  cloathes  except  a  few  ragged 
ones  that  would  scearce  hang  on  my  back,  soe  that  I  was  forced 
to  beg  cloathes  to  cover  my  nakednesse,  I  being  then  un- 
capable to  beg  any  though  I  did  importune  him  to  lett  me 
have  a  sute  of  cloathes  that  I  wore  on  saboath  dayes  when  I 
lived  with  him,  yett  he  was  soe  hard  and  harsh  as  to  deny  them 
to  me.  my  shoes  also  were  so  bad  that  I  was  forced  to  ty 
them  about  my  feete.  These  thinges  being  a  truth,  and  that 
^.ch  J  suppose  he  will  not  dare  to  deny,  I  am  forced  to  implore 
your  worshipes  for  some  releife  and  redresse,  and  doe  humbly 
entreate  and  beseech  this  Honored  Court  to  take  into  seriouse 
concideration  my  poore  and  meane  condicion  and  to  grant 
me  some  releife,  soe  your  humble  petitioner  shall  count  him- 
selfe  much  ingaged  to  your  worships,  and  shall  be  forever 
ingaged  to  pray  for  you  laying  his  poore  petition  prostrate  at 
your  feete." 

Bradford  births,  marriages  and  deaths  for  1676: 
Benjamin,  son  of  Will.  Huchins,  was  killed  by  a  sled  going 
over  him,  Apr.  4. 

Mary,  daughter  of  William  Huchins,  born  Apr.  15. 
Thomas  Kimball  was  shot  by  an  Indian  May  3. 
Sammuell,  son  of  Sammuell  Haseltine,  born  May  30. 
Ester,  daughter  of  Nicolaus  Walingford,  born  June  8. 

*Autograph. 


1676]  RECORDS    AND    FILES  237 

Son  and  daughter  of  Samuell  and  Faith  Gage  were  born 
June  22,  and  died  the  same  day. 
Samuell  Gage  died  July  20. 

Son  of  John  Wattson  born , 

Richard,  son  of  Richard  Hall,  born  Feb.  6. 

Newbury  births  and  deaths  for  1676: 

Joseph,  son  of  John  Hoog,  born  [Jan.  lOf] 

Thomas,  son  of  Mr.  Thomas  Woodbridge,  born  [Jan.  28t] 

Cutting,  son  of  Cutting  Noyes,  born  [Jan.  28t] 

John,  son  of  Jacob  Tappin,  born  [Jan.  29t] 

John,  son  of  John  Swett,  born  [Feb.  28t] 

Martha,  daughter  of  Daniel  Peirce,  jr.,  born  [Feb,  26t] 

Susanna,  daughter  of  Moses  Pilsbury,  born  Feb.  [If] 

[Jamesf],  son  of  Peter  Godfry,  born  Mar.  19. 

[Ruth  Chasef]  died  May  30. 

[Hanah,  wifef]  of  Steven  Webster  died  June  3. 

Anne,  wife  of  Edmund  Moores,  died  June  7. 

Hannah,  daughter  of  Richard  Bartlet,  jr.,  died  June  17. 

William  Titcomb  died  Sept.  24,  1676. 

Mary,  wife  of  William  Chandler  died  Oct.  3. 

Debora,  wife  of  Benjamin  Goodridge,  died  Nov.  28. 

Emma  Kent,  widow,  died  Jan.  10. 

Mary,  daughter  of  Nathan  Parker,  died  Feb.  [8t] 

Rebecca,  wife  of  William  Randall,  jr.,  died  Feb.  [ISf] 

Judith,  daughter  of  Robert  Beedle,  died  Mar.  2[2t] 

Elisha  lisle  affirmed,  Nov.  22,  1676,  that  there  was  an  agree- 
ment between  himself  and  Mathew  Legro  on  May  1,  1675,  that 
he  should  teach  Legro  his  trade  of  a  weaver  for  two  years  and 
six  months'  service,  which  he  did  with  care  until  Aug.  28, 
1675,  and  he  could  weave  good  cloth  before  he  went  away. 

Free.  Reves  testified  that  sometime  last  husking  time  some 
words  passed  between  William  Shaw  and  Henary  Couck  and 
Cook  got  off  his  horse  and  said  if  Shaw  wanted  to  fight  he 
would,  and  at  last  Shaw  knocked  him  down  with  a  club,  etc. 
Sworn,  29  :  11  :  1676,  by  Freeborne  Reeves  and  Henry  Cook, 
before  Wm.  Hathorne,*  assistant. 

William  Thomsonn's  complaint,  Sept.  25,  1676. 

George  Stimsonn,*  aged  thirty-two  years,  testified  that 
being  at  John  Cogswell's,  he  heard  Hanna  Doowning  railing 
against  William  Thomsonn,  calling  him  a  black  dog,  a  devil 
and  a  black  devil,  and  vowed  she  would  be  the  death  of  him. 
Deponent  told  her  to  have  a  care  what  she  said  for  the  law 
was  costly.  She  ansv/ered  that  she  did  not  care  what  she 
said. 

*Autograph.  fFrom  Court  Book  of  Vital  Records. 


238  IPSWICH  QUARTERLY  COURT  [Mar. 

Court  held  at  Ipswich,  Mar.  27,  1677. 

Judges:  Samuell  Symond,  Esq.,  Dep.  Govr.,  Major  Genrll. 
Denison,  Esq.,  and  Major  Wm.  Hathorne,  Esq. 

Jury  of  trials:  Deacon  Moses  Pengry,  Nehemiah  Jewitt, 
Philemon  Dane,  John  Lighton,  Nicholas  Wallis,  Moses  Brad- 
streete,  Henry  Short,  Thomas  Hale,  John  Pearson,  Leonard 
Harryman,  Jonathan  Plats  and  John  Comings.  In  some 
criminal  cases  Hen.  Short,  Tho.  Hale  and  Jon.  Platts,  were 
left  out  and  Mr.  Dan.  Epps,  James  Bayly  and  Dan.  Hovy 
were  put  in  their  room. 

On  Oct.  17,  1676,  Robert  Lord,  marshal,  made  return  of  an 
attachment  of  land  and  marsh  of  George  Norton,  lying  on 
the  further  side  of  Chebacho  river,  which  land  was  sometime 
Sam.  Cogswell's.  This  was  in  an  action  of  review  of  John 
Cogswell,  administrator  of  the  estate  of  Samuell  Cogswell 
V.  George  Norton. 

Ezkiell  Sawj^er  dying  intestate,  having  been  slain  in  the 
war,  administration  upon  his  estate  was  granted  on  Jan.  11, 

Ales  Stimsonn,  aged  about  twenty  years,  testified  that 
Hanna  Doowning  called  Thomsonn  an  ugly  witch  and  if  all 
the  people  in  Chabako  were  like  him  it  were  no  matter  if 
the  devil  had  them.  She  also  sent  word  by  deponent's 
husband,  etc. 

John  Dane,  aged  sixty-four  years  and  upward,  testified 
that  "being  in  my  owne  house  quiet  by  a  good  fire  with  my 
fameley  about  me  I  hard  a  Rattling  at  the  dore  and  suddenly 
Danell  hovey  cam  in  groning  with  his  hand  one  his  head  and 
fell  flat  one  the  flo^\'er  in  a  most  amasing  maner  and  being  got 
up  agayne  stagered  and  we  Rose  in  an  afrited  condishon  and 
set  him  in  the  chare  he  Cryd  out  if  you  can  doe  anj'thing  for 
me  doe  it  I  answered  what  is  the  matter  he  said  John  Le 
knoct  him  doune  and  struck  him  blynd  I  answard  whare 
he  sayd  he  is  in  the  highway  would  j^ou  could  take  him,  my 
sonn  and  I  sudinly  Run  out  and  met  with  John  Lee  and  asked 
him  what  the  matter  was  he  bed  us  stand  of  and  cum  at  our 
perrill  my  sonn  philemon  foloAved  him  he  with  drew  back- 
words  my  sone  sudinly  Ran  with  in  him  and  so  we  toke  his 
stafe  and  had  him  to  our  house  yet  before  the  cunstable  came 
(he  staid  so  long)  after  we  sent;  that  Joseph  cuming  to  his 
brother  and  tha}^  glueing  good  words  we  let  them  goe."  Sworn, 
Dec.  4,  1676,  before  Daniel  Denison.* 

*Autograph. 


1677]  RECORDS    AND    FILES  239 

1676  to  Mary  Sawyer,  his  mother,  who  was  to  bring  in  an 
inventory  to  the  next  Ipswich  court. 

William  Pritchett  dying  intestate,  administration  upon  his 
estate  was  granted  to  John  Pritchet,  his  eldest  son,  who  was 
to  bring  in  an  inventory  to  the  next  Ipswich  court. 

According  to  warrant  from  the  county  treasurer,  Robert 
Lord,  marshal,  for  several  fines  of  court  imposed  upon  Roger 
Darby  and  his  wife,  seized  four  acres  of  land  which  said  Darby 
bought  of  Phillip  Fowler. 

Christopher  Ossgood  and  Timothy  Johnson  were  sworn 
constables  for  Andover,  John  How  for  Topsfield  and  Jer.  Els- 
worth  for  Rowley. 

Ens.  John  Gould  v.  John  Cook.  For  withholding  41i.  Ver- 
dict for  defendant.* 

*Writ,  dated  29  :  9  :  1676,  signed  by  Hilliard  Veren,t  for 
the  court,  and  served  by  Henery  Skerry,t  marshal  of  Salem. 

John  Cooke's  bill  of  cost,  Hi.  2s.  2d. 

Samuell  Lanord  testified  that  John  Cooke  of  Salem,  black- 
smith, brought  a  note  to  deponent's  father  from  Ens.  John 
Gould  of  41i.  in  bar  iron  which  was  credited  upon  the  book. 
Sworn,  5:8:  1674,  before  Wm.  Hathorne,t  assistant. 

Josias  Bridges,  aged  about  twenty-two  years,  testified 
that  to  his  knowledge  Samuel,  son  of  Henry  Leonard  of  Tops- 
field,  transacted  his  father's  business  in  his  absence  and  kept 
his  books  after  his  bookkeeper,  James  Hansecom,  went  away. 
Sworn,  2:1: 1676,  before  Wm.  Hathorne,t  assistant.  Edmund 
Bridges  swore  to  the  same  before  Wm.  Hathorne,t  assistant. 

Richard  Croade,  aged  about  forty-eight  years,  and  Samuel 
Marsh,  aged  about  twenty-four  years,  testified  that  being  in 
John  Cooke's  house,  he  heard  Samuel  Leonard  make  up  his 
account  with  said  Cook,  etc.  Sworn,  2:1:  1676,  before  Wm. 
Hathorne,t  assistant. 

Elizabeth  Blichman  deposed  that  in  1673  John  Cooke  came 
with  a  note  from  Mr.  Gednie  of  Salem  to  her  master  John 
Gould  for  41i.  worth  of  iron,  and  the  latter  went  with  him  to 
the  works  to  get  it,  etc.  Sworn,  Nov.  25,  1676,  before  Daniel 
Denison.f 

"M'  Lenord  I  would  entreat  y"  to  Let  Goodman  Cooke 
haue  fouer  pounds  in  Iron  one  my  a  Count  as  soone  as  y" 
Can  and  if  y"  Could  Let  him  haue  som  now  et  would  do  him 
a  great  plesure  in  yo""  so  doeing  I  shall  Rest  yo""  Louing  Friend 
John  Gould.f     Dated  y«  10  :  of  9™  1673:" 

t  Autograph. 


240  IPSWICH    QUARTERLY    COURT  [Mar. 

Robert  Pearce  v.  Anthony  Auston  and  John  Trumble. 
Non-performance  of  a  covenant.  Verdict  for  plaintiff.  Said 
Pearce  acknowledged  satisfaction  on  May  7,  1678.* 

John  Mighill  v.  Samuell  Plumer.  Appeal  from  the  com- 
missioners of  Newbury.     Nonsuited. 

Selectmen  of  Salem  v.  Nicolas  Maning.  Forfeiture  f  a 
bond.  Verdict  for  plaintiff.  Maning  desired  moderation 
of  the  bond,  but  the  parties  having  gone  home,  execution  was 
respitted  until  the  next  Salem  court. 

Mr.  Waitstill  Winthrop  and  Elizabeth  Newman,  executors 
of  the  will  of  John  Winthrop,  Esq.,  in  behalf  of  themselves 
and  the  rest  of  the  executors  v.  Richard  Knight,  administrator 
or  overseer  of  the  estate  of  John  Paine,  late  of  Boston,  mer- 
chant.    Debt.     Verdict  for  plaintiff. 

Mr.  John  Giffard  v.  Hudson  Leverett.  For  detaining 
441i.     Verdict  for  defendant. 

John  Dallin  v.  Thomas  Robinson.     Withdrawn. f 

On  the  reverse  of  the  foregoing  paper:  "I  Samuell  Leonard t 
in  the  behalf  of  my  Father  Henery  Leonard  doe  make  protest 
against  this  bill,"  etc.  Wit:  Richard  Croade|  and  Blaze 
(his  mark)  vinton. 

*Writ:  Robart  Pearce  v.  Anthony  Austin,  Jno.  Trumble, 
Timothy  Palmar  and  Lanslart  Grangur;  non-performance  of 
a  covenant  or  charter  party  for  the  hire  of  the  hold  of  a  ketch 
called  the  Willing  Mind  to  transport  their  goods  to  Conetico 
river;  dated  Mar.  20,  1676-7;  signed  by  Robert  Lord,t  for 
the  court;  and  served  by  Robert  Lord, J  marshal  of  Ipswich, 
by  attachment  of  house  and  land  oi  Jno.  Troumbell. 

Robart  Pearce's  bill  of  cost.  Hi.  4d. 

fWrit:  John  Dalin  v.  Thomas  Robinson;  for  account  of 
goods  to  the  value  of  321i.  which  defendant  took  of  Dalin  to 
carry  to  the  southward  and  was  to  make  return  in  provisions, 
which  he  did  not  do,  the  vessel  having  returned;  dated  24  : 
12  :  1676;  signed  by  Hilliard  Veren,J  for  the  court;  and 
served  by  Henery  Skerry, J  marshal. 

Letter  of  Adam  Westgate,|  dated  Mar.  6,  1677,  to  Mr. 
Henry  Skerry:  "S''  there  is  a  parcell  of  Corne  that  was  at- 
tached by  you  that  lyeth  in  Docf  Emeries  house  att  the  Suite 
of  John  Dallinge  the  which  I  owne  to  be  his  and  therefore 
I  desire  you  to  deliuer  it  to  the  said  Dallinge  or  his  order  and 
this  note  takinge  his  receipt  for  the  same  shall  be  a  sufficient 

J  Autograph. 


1677]  RECORDS    AND    FILES  241 

John  Dallin  v.  Mr.  Edmond  Batter.  Concerning  corn. 
Verdict  for  plaintiff.* 

discharge  to  you."  Wit:  James  Powllenf  and  William 
Hobby. t  Eleazer  Hathorne  made  oath,  26  :  1  :  1677,  to 
said  Westgate's  signature,  "as  he  mostly  write  it  &  he  be- 
leeues  it  can  hardly  be  counterfited,"  before  Wm.  Hathorne,! 

William  Hobbyf  certified  Mar.  24,  1676-7,  that  he  was 
in  company  in  Boston  about  a  fortnight  since  with  Jon.  Dal- 
linge,  now  living  at  Salem,  and  James  Poland,  a  smith,  living 
in  Salem,  and  wrote  the  paper  which  Adam  Westgate  signed, 
etc. 

John  Legroo  testified  that  some  time  in  February,  1676, 
when  Adam  Wesgate  came  from  the  southward,  he  was  on 
board  with  the  rest  of  the  compan}^  Mr.  Edmund  Batter 
came  on  board  and  Adam  Wesgate  proffered  him  forty  bushels 
of  Indian  corn  which  Thomas  Robinson  had  sent  him.  Batter 
said  he  would  have  nothing  to  do  with  Thomas  Robinson  or 
his  corn  and  deponent  helped  to  carry  into  Mr.  Emrie's  cham- 
ber, 30  bushels  of  Indian  corn.  Sworn,  24  :  1  :  1676-7,  before 
Wm.  Hathorne, t  assistant. 

*Writ,  dated  Mar.  22,  1676-7,  signed  by  HiUiard  Veren,t 
for  the  court,  and  served  by  Henery  Skerry,t  by  attachment 
of  some  land  near  the  corner  of  Mr.  Batter's  shop. 

George  Corwin,  aged  about  sixty-five  years,  testified  that 
about  the  latter  end  of  Februarj^,  Adam  Westgate  having 
newly  come  from  the  southward  and  his  vessel  bang  at  de- 
ponent's wharf,  asked  him  if  he  could  leave  forty  or  fifty 
bushels  of  Indian  corn  in  his  warehouse.  Deponent  said  he 
thought  he  could  spare  him  room  in  the  garret  but  afterward 
when  he  found  it  was  corn  in  difference,  he  said  he  would  not 
have  it  in  his  warehouse.  Sworn,  26  :  1  :  1677,  before  Wm. 
Hathorne,t  assistant. 

Nicolas  DewTell,  aged  twenty-one  years,  deposed  that  he 
was  one  of  Adam  Wesgate's  men  on  his  last  voyage  to  the 
southward,  and  Mr.  Batter  came  aboard  of  the  ketch.  The 
30  or  40  bushels  of  corn  were  received  aboard  at  Milford  of 
Thomas  Robason,  etc.  Sworn,  26  :  1  :  1677,  before  Wm. 
Hathorne,!  assistant. 

Will.  Carter,  aged  fifty  years,  deposed  that  the  vessel  of 
which  Westgate  was  master  was  owned  by  Jno.  Corwin,  etc. 

Henry  Rich,  aged  about  twenty-two  years,  testified  to  the 
same.  Sworn,  17  :  1  :  1676-7,  before  Wm.  Hathorne,!  assist- 
ant. 

t  Autograph. 


242  IPSWICH  QUARTERLY  COURT  [Mar. 

Edward  Berry,  who  married  the  wife  of  Roger  Hascall  v. 
Wm.  Hascall,  guardian  for  the  children  of  Roger  Hascall. 
Review.     Verdict  for  defendant.* 

*Writ,  dated  Mar.  15,  1676-7,  signed  by  Hilliard  Veren,t 
for  the  court,  and  served  by  Henery  Skerry,t  marshal  of 
Salem,  by  attachment  of  farm,  house  and  land  of  William 
Haskell  of  Gloster. 

Jefferie  Masseyf  certified  on  Mar.  30,  166[5?]  that  about 
twenty-eight  or  thirty  years  ago,  he  with  others  laid  out  about 
forty  acres  of  land  near  Beaver  pond  to  John  Hardi  or  Roger 
Hascall,  but  he  thought  it  was  to  John  Hardi. 

Agreement,  dated  Nov.  13,  1676,  between  Edward  Berry, f 
of  Salem  and  William  Hascole  of  Jabackow,  guardian  of  the 
children  of  Roger  Hascole,  deceased,  concerning  dividing  a 
parcel  of  land  called  Draper's  point  ''the  eastersaid  from  the 
path  which  the  orchard  belongs  to:  fals  to  the  saide  Edward: 
and  the  saide  Edword  in  consideration  of  Is  to  pay  to  the  said 
william:  ore  his  asignes  tinn:  pounds:  at  or  before  in  selver: 
the  last  of  may :  which  will  be  in  the  yeare  of  our  lord  god  won 
thousand  six  hendard  seventy  seven:  and  the  said  willim: 
is  fully  satisfied  of  a  Judgment  past  against  the  said  edward 
for  severell  catell  and  mars:  at  a  court  past  in  Salem  the 
yeare  seventy  fiue:  for  the  payment  of  the  aboue  said  som." 
Wit:  William  Balkwillf  and  William  Rayment.f  Owned 
in  court  by  Edward  Berry. 

Deed,  dated  Sept.  26,  1653,  given  by  Gervas  GarfordJ  of 
Salem,  gentleman,  to  Elizabeth  Hardee  of  Salem,  widow,  in 
consideration  of  a  dwelling  house  and  ten  acres  of  land  and 
six  acres  and  a  quarter  of  meadow  lying  near  Draper's  point 
upon  Bass  river,  adjoining  Goodman  Stone's  land  on  the  east 
and  toward  the  west  to  Francis  Skerry's  land;  also  his  farm 
of  four  score  acres  of  land  lying  between  Lord's  hill  and  Birt's 
plain  on  Basse  river  side  within  the  precincts  of  Salem.  Wit: 
Em.  Downingef  and  John  Mitter.f  Sworn,  Sept.  26,  1653,  be- 
fore Jo.  Endecott,t  Govr. 

William  Haskell,  aged  about  fifty-eight  years,  deposed  that 
the  widow  Hardy  told  him  that  her  son  Rodger  Haskell  by 
agreement  with  her  was  to  have  half  the  house  and  land  pur- 
chased of  Mr.  Gafford  lying  at  Draper's  ,point  and  was  to  pay 
part  of  the  money  to  Gafford  for  the  land.  Also  deponent's 
brother  Roger  Haskell,  etc.     Sworn  in  court. 

William  Dodg,  jr.,  aged  about  thirty  years,  testified.  Sworn 
in  court. 

Copy  of  will  of  Elizabeth  (her  mark)  Hardinge,  dated  7  : 

fAutograph.  JAutograph  and  seal. 


1677]  RECORDS    AND    FILES  243 

6  :  1654,  and  proved,  1  :  10  :  1654,  in  Salem  court:  ''Imp" 
I  Bequeath  to  my  sone  Joseph  Harding  my  now  dwelling  house 
and  the  two  acres  of  Land  together  with  the  ten  acres  of 
vpland  in  south  feild  that  which  was  m''  skelltons  together 
with  the  one  halfe  of  the  Catch  Called  the  Guift  that  the  said 
Joseph  is  now  in  p^'vided  that  he  pay  to  m""  Gafford  twenty 
fower  pounds  starlinge  Item  I  Giue  my  sone  Joseph  the  table 
board  and  forme  in  the  parlor  I  giue  to  my  son  Joseph  Hard- 
inge  one  Cow.  Item  I  giue  unto  my  daughter  Elizabeth 
Hascall  that  p*  of  house  and  Land  I  bought  of  m''  Garford  to 
be  at  her  proper  disposing  without  haueing  any  Relation  to 
her  Husbands  Leaue  in  it  and  one  Cow  according  to  the  dona- 
tion of  house  and  land  as  abouesaid  and  I  giue  to  my  son  in 
law  Roger  two  Cowes  Item  I  giue  to  my  daughter  Elizabeth 
Hascall  the  standing  bedsteed  and  bed  and  all  furniture  be- 
longinge  thereunto  according  to  the  donation  of  house  and 
Land  as  abouesayd  together  with  a  fetherbed  and  two  small 
Ruggs  at  the  house  of  Roger  her  son  and  one  great  Chest 

"It.  I  giue  to  Joseph  Swasy  one  heafer  Calfe.  It.  to  the 
wife  of  Joseph  Swasy  I  giue  one  old  ewe  sheep  It.  I  giue  to 
Roger  Haskall  his  chilldren  two  ewes.  It.  I  giue  to  my  son 
Joseph  Harding's  Chilldren  two  ewes.  It.  I  giue  my  two 
Ram  Lambs  to  the  Chilldren  of  my  son  Joseph  to  be  equally 
diuided  It.  I  giue  my  weather  sheep  unto  Nathaniell 
Pickman.  It.  I  giue  to  John  Hascall  one  Steere  It  I  giue 
the  Remainder  of  all  my  Estate  within  the  house  and  without 
to  my  son  Joseph  &  to  my  daughter  Elizabeth  &  son  Roger 
to  be  equally  diuided  only  to  pay  twenty  shillings  to  M'^ 
Samuell  Sharpe  which  I  giue  him  out  of  my  Estate  And  I 
appoynt  sergent  John  Porter  to  be  in  the  Roome  and  steed 
of  a  feoffe  for  my  daughter  Elizabeth  for  the  land  and  Goods 
giuen  to  her  And  I  appoint  Sergeant  Porter  and  Jeffrey  Massey 
to  be  ouerseers."  Wit:  Edmond  Batter  and  Nathaniell 
Pickman.     Copy  made  by  Hilliard  Verin,*  cleric. 

William  Haskell,  aged  about  fifty-eight  years,  and  Mark 
Haskell,  aged  twenty-six  years,  testified  that  seven  years 
before  the  estate  willed  to  the  children  of  Rodger  Haskell  was 
sued  for  by  the  guardian,  Josiah  had  been  gone  from  Edward 
Bery  seven  years,  Rodger  five  years  and  Samuell  and  Sarah 
about  one  year  and  a  half.  The  reason  why  they  went  from 
Bery  was  because  he  would  not  bring  them  up  as  their  mother 
by  their  father's  will  was  to  do.     Sworn  in  court. 

William  Hascol,  aged  about  fifty-eight  years,  and  Samuel 
Gardner,  aged  about  forty-eight  years,  testified  that  upon 
the  trial  between  Edward   Berrey  and   Nicholas   Woodberry 

*Autograph. 


244  IPSWICH    QTJAETERLY    COURT  [Mar. 

Mrs.  Elizabeth  Newman,  administratrix  of  the  estate  of 
Mr.  Antipas  Newman  v.  Abraham  Read.  For  building  on, 
breaking  up,  improving  and  keeping  a  parcel  of  land.  Ver- 
dict for  plaintiff,  the  title  to  the  land  in  controversy.* 

of  Sallem,  of  an  action  of  the  title  of  four  score  acres  of  land 
lying  near  Wenham  Pond,  they  heard  Elizabeth  Berrey  say 
in  open  court  that  when  her  husband  Rogger  Hascol  gave 
the  abovesaid  land  to  his  sons  John  and  William  Hascol, 
that  he  had  her  will  and  consent  and  was  also  willing  that 
Nicholas  Woodbery  should  enjoy  the  land.     Sworn  in  court. 

William  Dodg,  jr.,  aged  about  thirty  years,  and  William 
Dodg,  3d,  aged  about  thirty  years,  deposed  that  Edward 
Berry  leased  out  the  land  and  cattle  that  were  willed  to  the 
children  to  John  Knight,  sr.,  for  less  than  half  their  worth 
and  gave  him  liberty  to  use  timber  and  wood  Vvhich  he  did 
to  the  amount  of  lOli.,  besides  about  121i.  in  cattle,  etc.  Sworn 
in  court. 

Mark  Haskell,  aged  about  twenty-six  years,  and  William 
Dodg,  3d,  aged  about  thirty  years,  deposed  that  Edward 
Bery  had  331i.  out  of  the  children's  father's  estate  for  pay- 
ment of  debts,  and  also  that  before  deponent's  uncle  William 
Haskel  was  appointed  guardian,  said  Berry  sent  word  to  said 
uncle  by  deponent  that  he  could  not  keep  the  children  of 
Rodger  Hascol  any  longer  and  for  him  to  take  away  deponent's 
brother  Josiah.     Sworn  in  court. 

*Writ:  Mistriss  Elizabeth  Newman  of  Wenham,  adminis- 
tratrix and  relict  of  Mr.  Antipas  Newman  of  Wenham,  minis- 
ter, lately  deceased  v.  Abraham  Reade;  for  building,  breaking 
up,  improving  and  keeping  a  certain  parcel  of  land  which  lay 
in  the  land  that  was  in  the  possession  of  John  Winthrop,  Esq., 
and  several  years  since  given  by  said  Winthrop  to  said  New- 
man, which  land  lay  on  Royall  side  or  in  that  land  known  by 
the  name  of  salt  house  neck  in  Salem,  and  which  Mr.  Daniell 
Epps,  as  her  attorney,  demanded  of  said  Reade  and  he  refused 
to  deliver  it;  dated  Mar,  19,  1676;  signed  by  Samuel  Sy- 
monds,t  Dep.  Governor;  and  served  by  Daniel  Andrew, f 
constable  of  Salem,  by  attachment  of  house  and  land  of  de- 
fendant. 

The  inventory  of  Mr.  Antipas  Newman  showed  a  parcel 
of  land  at  Royall  side  at  401i.,  as  certified  by  Robert  Lord,t 
cleric. 

"I  the  subscribed  doe  acknowledg  that  the  land  aboue 
mentioned  was  given  to  my  brother  Newman  deceased  by 
my  Father  after  m''  Newman  marryed  my  sister,   and  this 

fAutograph. 


1677] 


RECORDS    AND    FILES 


245 


I  acknowledg  as  I  am  one  of  the  executers  to  my  Father,  and 
know  that  the  rest  of  the  execut"  will  owne  the  same. 

"Wait  Winthrop."* 

Major  Winthrop  in  open  court  acknowledged  the  fore- 
going, Mar.  27,  1677,  as  attest,  Robert  Lord,*  cleric. 

"A  Draft  of  y^  manner  of  y^  Lying  of  y''  Land  of  M""'^  New- 
mans on  Royal  Neck  in  Salem  Townshipe:  p  mee  Daniell 
Epps*  this  28*^  March  1677:  as  neare  as  I  can  by  y®  Poynts 
of  y®  Compass" 


Salt  house  Point  and  Old  Ferry  Landing,  on  what  is  now  Rial  Side,  Beverly. 

Robert  Hebbed  and  Francis  Nurse  testified.  Mar.  28, 
1677,  that  "that  parcel  of  Land  here  described  on  Royall 
necke  was  y^  Land  Possest  &  inJoyed  by  John  Winthrope, 
Esqr.  for  some  yeares  about  34  or  35  yeares  past  according 
to  y®  Bounds  herein  described." 

Letter  of  attorney,  dated  Mar.  15,  1676,  given  by  Elizabeth 
(her  mark)  Newman  of  Wenham  to  Mr.  Daniell  Epps,  sr., 
of  Ipswich.     Wit:    Will.  Norton*  and  Daniell  Epps.* 

"I  Roger  Conant*  being  desired  to  speake  what   I  could 

*Autograph. 


246  IPSWICH   QUARTERLY   COURT  [Mar. 

remember  about  Mr.  Winthrops  Farme  or  land  laying  att  the 
salthouse  on  Royals  necke,  doe  testifie  hereby  that  I  was 
one  that  did  lay  it  out  with  and  by  the  order  of  Salem  Towne, 
and  Old  John  Woodbery  was  a  second  man  apoynted  to  lay 
it  out  with  me,  and  as  I  remember  Captaine  Traske  was  the 
third  man  for  the  laying  it  out,  as  for  the  length  there  of,  it 
was  along  Woolistons  River  sid,  from  the  salthouse  corner 
up  to  a  second  brooke  (called  as  I  remember  stonie  brooke) 
towardes  Mr.  Endicots  farme  on  the  riuer  side  that  way,  and 
Woollistons  riuer  was  the  bound  all  along  on  that  side  from 
the  salt  house  to  the  affore  sayd  second  brooke,  and  wee 
running  a  lyne  on  the  other  sid  next  Basse  riuer  ||  from  the 
salthouse]  I  could  not  goe  over  the  Cove  because  of  the  watter 
or  tide  that  was  in  the  same,  the  coue  runing  out  from  basse 
riuer  into  the  land  wee  were  laying  out  (most  of  the  length 
of  the  coue  being  in  M''  Winthrops  land)  wherefore  wee  went 
about  the  coue  and  on  the  uper,  or  other  sid  of  the  coue  In- 
signe  Dixie  had  a  strap  of  saltmarsh  lying,  and  there  at  the 
head  of  his  marsh  we  marked  a  great  tree  for  A  bound,  the 
river  called  basse  riuer  being  the  bound  from  the  salt  house 
to  that  tree,  and  from  that  tree  at  Dixies  marsh  |  ]  at  y^  west 
end  1 1  the  line  was  run  to  an  other  tree  that  was  a  bound  and 
marked  from  the  mouth  of  stonie  brooke  in  the  wood  north- 
ward from  Woolistons  riuer,  and  to  the  utmost  of  my  mem- 
orie  (it  being  thirtie  and  od  yeares  past)  the  breadth  of  the 
land  at  stonie  brooke  was  equall  with  the  breadth  from  the 
tree  at  Dixies  marsh  to  Woollistons  riuer."  Sworn,  Feb.  24, 
1673,  before  Samuel  Symonds,*  Dep.  Gov. 

Copy  of  the  record  of  a  meeting  of  the  selectmen,  27  :  2  : 
1654,  Mr.  Curwin,  Capt.  Hauthorn,  Mr.  Conant,  Jno.  Porter, 
Jeffry  Massy,  Mr.  Price  and  Edmond  Batter  being  present, 
"Graunted  to  Henry  Scerry  all  y*  upland  Lying  wthin  y« 
fence  of  Jn°  Bachelder  y*  doth  fence  In  his  Salt  marsh  on 
Ryall  Side  prouided,  itt  must  Lye  In  Common,  when  y"'  Crop 
is  taken  of  from  itt."     Copy  made  by  Jn°  Price,*  recorder. 

Deed,  dated  Oct.  8,  1673,  given  by  Henry  Skerry,  sr.,t  of 
Salem,  to  Abraham  Reade,  "a  certain  pcell  or  pcells  of  land 
or  two  poj^nts  of  land  containing  by  estimation,  about  six 
acres  of  land  in  &  belonging  to  the  s^  two  poynts  or  necks 
of  land  situated  lying  &  being  on  Rialls  side  in  willistones 
Riuer  soe  cal'd  it  being  the  two  necks  of  land  that  lyes  below 
the  stony  coue  soe  cal'd  downe  the  Riuer  to  the  sothward, 
it  being  all  mj^  Right  that  I  had  giuen  me  by  the  Towne  of 
Salem  in  that  place,  the  salt  marsh  y*  lyes  at  the  head  of  the 
coue  between  the  two  poynts  excepted,   being  none  of  my 

*  Autograph.  t  Autograph  and  seal. 


1677]  RECORDS    AND    FILES  247 

land."  Wit:  Hilliard  Veren,  senr.*  and  Hilliard  Veren,  jr.* 
Acknowledged,  20  :  1  :  1677,  before  Wm.  Hathorne,*  assist- 
ant. Entered  in  the  records  in  Salem,  book  4,  fol.  149,  26  : 
1  :  1677,  by  Hilliard  Veren,*  recorder. 

Nath.  Pickman,  sr.,*  aged  about  sixty  years,  testified  that 
"30  odd  yeares  past  I  Built  a  House  for  John  Winthrope 
Esq''  at  y^  Poynt  on  Royall  neck  and  y*  M'  Winthrops  Land 
went  from  y'^  lower  poynt  vnto  a  Second  Brooke  called  Stonie 
brooke  which  runs  in  to  Woolistons  Riuer  y''  s^  Woolistons 
Riuer  being  y®  Bound  all  along  on  that  side  and  from  y  salt 
house  bass  riuer  bounded  it  vnto  a  Coue  which  coue  ran  some 
considerable  way  into  y*^  land  but  on  y^  upper  side  of  y^  Coue 
there  was  a  small  strap  of  Salt  marsh  &  at  or  near  y^  end  of 
y^  sayd  marsh  towards  y^  mouth  of  y^  Coue  there  was  a  great 
tree  marked  which  was  M""  Winthrops  bound  And  I  y^ 
sayed  Pittman  doe  further  testifie  that  Mr.  Winthrop  did 
make  improuement  of  a  salt  house  there  upon  s*^  Land  & 
kept  a  familie  there  a  Considerable  time  and  that  all  persons 
were  forwarned  meddling  with  any  wood  or  Timber  &  all  y° 
while  I  had  occasion  to  worke  there  I  know  not  of  any  yt  did 
or  durst  medle  with  any  w^ood  or  timber  upon  y"  sd  Land  but 
what  I  and  others  sold  &  cut  out  for  y^  use  of  M""  Winthrop." 
Sworn,  Mar.  14,  1676,  before  Samuel  Symonds,*  Dep.  Gov- 
ernor, 

Daniell  Epps,  sr.,  aged  about  fifty-two  years,  and  Daniell 
Andrews,  aged  about  thirty-three  years,  testified  that  he 
demanded  the  house  and  land  of  Abraham  Read  but  he  claimed 
that  the  land  was  his,  that  he  had  had  possession  of  it  about 
three  years  and  built  the  house  then  upon  it,  etc.  Sworn  in 
court. 

Robert  Hebard,*  aged  about  fiftj^-eight  years,  deposed 
that  about  thirty-three  or  four  years  ago  he  dwelt  with  Mr. 
John  Winthrope  at  the  salthouse  upon  Royall  side  when  the 
lot  layers  laid  out  the  land,  and  saw  the  bounds  marked.  Also 
that  Mr.  Winthrope  enjoyed  and  possessed  this  land  all  the 
time  he  lived  with  him.  Sworn,  Feb.  24,  1673,  before  Samuel 
Symonds,*  Dep.  Gov. 

William  (his  mark)  Bennet,  aged  about  seventy-three 
years,  deposed  that  "when  John  Winthrope,  Esq""  was  at  y^ 
Salthouse  30  odd  yeares  past  y*  I  haueing  occasion  to  worke 
there  upon  Carpintry  worke  some  times  for  M''  Winthrope 
&  some  times  hewing  Timber  for  ship  or  vessells  vse  upon 
y^  Comon  Lands  Adjacent  M""  Winthrope  haueing  a  house 
and  Family  there  some  considerable  time  &  carried  on  y® 
designe  of  making  salt,"  Mr.  Winthrop  showed  him  the 
bound    marks,    etc.     When    Mr.    Epps   desired    deponent   to 

*Autograph. 


248  IPSWICH  QUARTERLY  COURT  [Mar. 

Robert  Crose  v.  Hugh  Marsh.  Debt.  For  16,000  feet 
of  merchantable  pine  boards.     Withdrawn. 

Selectmen  of  Newbury  v.  Capt.  Paull  White.  Review. 
Nonsuited. 

John  Emery  v.  Benjamin  Tompson.  Verdict  for  plaintiff. 
Appealed  to  the  next  Court  of  Assistants  at  Boston.  Ben- 
jamin Tompson  bound,  with  Lift.  Richard  Way  and  Jonathan 
Moore  as  sureties.* 

Hugh  March  v.  Steephen  Crose.  For  withholding  12,078 
feet  of  boards.     Withdrawn. 

Sergt.  Thomas  Clarke  v.  John  and  Joseph  Prockter.  Debt. 
Withdrawn. 

show  the  bounds  three  years  ago,  he  saw  a  little  house  built 
upon  the  land.  Wit:  Daniell  Eppsf  and  Lionel  Epps.f 
Sworn  before  Daniel  Dension.f 

*Writ,  dated  Boston,  Mar.  9,  1676-7,  signed  by  Ephraim 
Turner,f  for  the  court,  and  served  by  Samuell  Davis, f  con- 
stable of  Charlestoun.     Bond  of  Benjamin  Tompson. f 

John  Knight,  sr.,  deposed  that  some  time  the  last  summer 
he  agreed  with  Mr.  Benjamin  Tomson  of  Charlstoune  for  a 
bill  he  had  once  due  to  John  Godfary,  and  deponent  paid 
Tomson,  said  bill  being  made  to  Godfary  from  Jams  Jakman 
at  Neubery.     Sworn  in  court. 

"That  wheras  there  was  formerly  a  deed  of  Gift  of  my 
estate  drawne  from  me  John  Godfry  unto  Beniamin  Tomp- 
son of  Charlstowne,  the  which  done  by  fradelant  meanes, 
my  selfe  and  most  of  the  company  being  drunke  at  the  same 
time,  he  engageing  to  pay  unto  me  for  my  yearly  maintenance, 
the  full  &  iust  sum  of  ten  pound  in  silver,  the  which  was  never 
payd  to  me  to  the  value  of  one  farthing,  though  the  sd  ten 
pounds,  was  yearly  engaged  to  be  payd  dureing  my  life,  I 
also  upon  our  agreement,  was  to  have  liberty  to  make  use  of  all 
of  it,  or  any  part  of  it,  if  I  had  ocation,  use  of  it  for  my  nes- 
sessary  use  and  suply  of  my  nesessityes,  all  that  ever  he  did 
for  me,  once  when  I  was  in  Boston  prisson  he  was  an  occa- 
tion  of  my  being  let  out,  the  truth  of  which  I  being  in  pfect 
sence  and  memory  I  do  protest  upon  my  soule  before  God  and 
as  I  am  a  dyeing  man.  In  testimony  whereof  I  sett  my  hand 
the  twenty  sixt  of  July  1675."  John  (his  mark)  Godfry. 
Wit:  Charles  Nicolatts  and  Samuell  (his  mark)  Steeven. 
Sworn,  in  Ipswich  court,  Sept.  29,  1675,  before  Samuell  Sy- 
monds,  Dep.  Govr.,  and  Wm.  Hathorne,  assistant.  Copy 
made  Mar.  27,  1677,  by  Robert  Lord,t  recorder. 

fAutograph. 


1677]  RECORDS   AND    FILES  249 

Deacon  Wm.  Goodhue  v.  Wm.  Bennett.  Debt.  Said 
Bennett  acknowledged  judgment  to  Goodhue  in  wheat,  pork 
and  malt. 

Major  Genrll.  Denison  v.  Richard  Hutton  and  John  Wal- 
derne.     Debt. 

Wm.  Jarman  acknowledged  judgment  to  Richard  Knott 
in  fish  or  mackerel. 

Mr.  Jonathan  Wade,  foreman  of  the  grand  jury,  for  non- 
appearance, was  fined. 

John  Hale  was  licensed  to  make  sturgeon  at  Nuberry. 

Thomas  Greenslett  dying  intestate,  court  granted  adminis- 
tration upon  his  estate  to  Ann  Greenslett,  who  was  to  pay  the 
debts  as  far  as  the  inventory,  which  was  31i.  16s.  2d.,  would  allow. 

Mr.  John  Woodbridge,  Nicholas  Noyse  and  Daniell  Pearce, 
jr.,  were  confirmed  as  commissioners  to  end  small  causes 
for  Newbury. 

Court  being  informed  that  great  danger  and  much  damage 
had  happened  to  divers  persons  by  reason  of  the  flume  at 
the  mill  in  Ipswich  not  being  sufficiently  secured,  ordered  the 
owner,  overseer  or  occupier,  within  fourteen  days,  to  cover 
the  said  flume  closely  and  sufficiently  with  strong  planks,  well 
fastened,  and  that  the  head  of  the  flume  be  well  guarded 
with  a  sufiicient  grating  to  prevent  all  future  damage,  under 
penalty  of  lOli.  to  be  levied  by  distress  of  the  master  or  present 
overseer  or  occupier  of  said  mill. 

It  was  further  ordered  as  formerly  that  a  gate  or  passage 
be  constantly  left  open  for  the  passage  of  alewives  up  the 
river  for  a  month's  time  in  the  season. 

John  Cole  of  Marblehead  dying  intestate,  court  granted 
administration  to  Mr.  Thomas  Gardner,  and  there  being  an 
inventory  brought  in  contained  in  two  papers,  and  one  child 
left,  court  ordered  that  the  one  paper  containing  251i.  6s.  6d. 
be  for  the  child  wholly.  For  the  rest  of  the  estate,  court 
ordered  that  said  administrator  be  gathering  in  and  paying 
debts  and  account  to  the  next  Salem  court. 

Wm.  Randall  being  convicted  for  setting  a  lamp  on  fire, 
court  ordered  that  he  pay  lOli.  to  Edward  Bragg,  also  be 
whipped  and  stand  committed  until  whipped.  He  was  then 
to  be  delivered  to  his  master. 


250  IPSWICH    QUARTERLY    COURT  [Mar. 

Ezekiell  Woodward  had  his  license  renewed  for  a  year,  also 
his  license  for  liquors. 

Hugh  Marsh  had  his  license  renewed  for  a  year,  also  his 
license  for  liquors. 

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

Andrew  Peeters  had  his  license  renewed  for  a  year. 

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

Mr.  Peeter  Duncan. 

Sarah,  widow  and  administratrix  of  her  husband  John 
Hutchenson's  estate,  petitioned  the  court  for  a  division  of 
the  estate  between  herself  and  her  child,  that  is,  that  the 
child  should  have  one-half  of  the  land  when  she  becomes  of 
age,  as  may  appear  by  two  deeds  given  by  her  father  and 
father-in-law,  and  that  at  said  Sarah's  decease  she  should 
have  as  much  of  the  other  half  as  to  give  her  two-thirds  of  the 
whole;  that  the  rest  of  the  estate  be  for  Sarah's  ov/n  use,  the 
child  to  have  a  feather-bed  when  of  age.  Her  father  Putnam 
and  father  Hutchinson  consented  to  this  agreement  and 
signed  as  witnesses.  Court  allowed  this  distribution,  Sarah 
to  bring  up  the  child  until  she  reached  the  age  of  eighteen 
or  marriage. 

Joseph  Steevens  and  Ephraim  Foster,  for  their  offences 
about  trimming  the  horse  of  Nathaniell  Roper,  were  fined.* 

*Warrant,  dated  Feb.  9,  1676,  for  the  apprehension  of 
Joseph  Stephens,  Ephraim  Foster  and  John  Bridges  upon 
complaint  of  Nathaniel  Roper  for  abusing  his  horse  about 
six  weeks  since,  signed  by  Daniel  Denison,t  and  returned  by 
Nathl.  Dane,t  constable  of  Andover. 

Summons,  dated  Mar.  15,  1676-7,  to  John  Faukner,  Francis 
Dane,  jr.,  Richard  Barker,  Daniel  Poore,  Samll.  Ingals  and 
John  Marstone  for  appearance  at  the  next  Ipswich  court, 
as  witnesses  in  Roper's  case  for  abusing  the  latter's  horse 
by  cutting  off  his  hair,  signed  by  Daniel  Denison,t  and  re- 
turned by  Nathaniel  Dane,t  constable  of  Andover. 

Elizabeth  Smith,  aged  about  twenty  years,  deposed  that 
Joseph  Stevens  and  Ephraim  Foster  came  to  her  house  the  day 
after  they  had  appeared  before  Major  Generall  Denison  and 
she  told  Joseph  that  she  could  not  imagine  which  of  all  the 

fAutograph. 


1677]  RECOEDS    AND    FILES  251 

Ephraim  Steevens,  for  reproaching  a  magistrate,  was  fined. 
Abated,  upon  his  humble  petition. 

Joseph   Gudridge  was  fined  for  striking  Joshua  Boynton. 

brothers  it  was  who  trimmed  Roper's  horse  and  he  said  it 
was  he  who  was  suspected  but  he  did  not  do  it.  He  asked 
deponent  where  Ruth  Ingolls  lived,  "and  he  told  me  that  little 
Tike  and  the  Major  had  a  list  of  all  Andiver  men;  but  I  will 
asure  you  the  Major  Generall  has  none  of  those  men  in  his 
list  that  Trimmed  Nat:  Ropers  horse;  and  soe  he  danced 
and  skip'd  about  y^  house  as  if  he  had  beene  mad."  Sworn 
in  court. 

Ephraim  Roper,  aged  about  twenty-six  years,  deposed 
that  being  at  the  house  of  John  Sparke,  John  Bridges  being 
there,  said  that  Joseph  Stevens  asked  him  where  Nat.  Roper's 
horse  stood,  and  he  said  at  his  uncle  Barnett's.  He  asked 
what  manner  of  horse  he  was,  and  he  told  him  a  small  sorrill 
horse,  not  thinking  why  he  asked  until  the  next  morning  when 
he  heard  and  saw  what  was  done  to  the  horse.  Afterward 
Bridges  told  deponent  that  he  meeting  with  Stevens  said 
to  him  that  if  he  were  Roper  he  would  charge  said  Stevens 
with  it,  and  he  went  away  blushing  and  said  never  a  word. 
Elisabeth  Smith  testified  to  the  same.     Sworn  in  court. 

Ephraim  Roper  said  that  the  reason  he  brought  in  these 
testimonies  was  because  John  Bridges  had  disowned  it  before 
the  court.     Sworn  in  court. 

John  Sparke  and  his  wife  Mary  testified  that  John  Bridges 
said  he  knew  nothing  about  the  trimming  and  Mary  said  she 
had  been  in  the  town  and  heard  that  there  was  one  in  Andiver 
who  knew  something  about  it.  Bridges  replied  that  it  was 
his  man,  and  when  he  should  come  down  he  would  probably 
tell  all  about  it  for  he  was  a  very  honest  fellow  and  would 
tell  the  truth.  Deponent  asked  him  where  he  and  Nat.  Roper 
were  that  night  and  he  said  at  Serjeant  Ingollses,  where  there 
was  a  company  of  young  lads,  among  them  Joseph  Stevens, 
and  that  the  latter  and  two  others  sat  whispering  and  laugh- 
ing, until  he  wondered  if  they  were  laughing  at  him.  Also 
that  he  and  Roper  went  home  at  ten  o'clock,  the  young  men 
going  a  little  before.  Elisabeth  Smith  attested  to  the  same. 
Sworn  in  court. 

Thomas  Dow,  aged  about  twenty-three  years,  deposed 
that  Joseph  Stevens  said  in  John  Sparke's  house  that  he  who 
did  the  ugly  trick  was  probably  very  sorry  he  had  done  so, 
but  Nathanaell  Roper  he  said  had  left  out  two  of  the  chief 
ones  in  his  list,  viz.,  the  clerk  and  the  ensign.     Sworn  in  court. 

Ephraim  Foster  deposed. 


252  IPSWICH  QUARTERLY  COURT  [Mar. 

The  case  being  heard,  his  bond  in  the  Deputy  Governor's 
hand  was  void. 

John  Cooke  was  ordered  to  pay  cost  in  an  action  brought 
against  Ens.  Jo.  Gould  and  not  prosecuted. 

Daniell  Button  dying  intestate,  administration  upon  the 
estate  was  granted  to  John  Bartlett,  sr.,  of  Newbury,  who 
was  ordered  to  bring  in  an  inventory  to  the  next  Ipswich 
court.  The  estate  was  to  be  ordered  according  to  his  mind, 
a  cow  to  James  Kingsbury,  and  the  rest  of  the  estate  to  the 
rest  of  his  brothers  and  sisters. 

In  the  complaint  of  the  widow  Hasseltine  against  Nathan 
Webster  about  killing  her  mare,  he  was  to  pay  costs  and 
damages.* 

*Warrant,  dated  Mar.  17,  1676-7,  for  the  appearance  of 
Nathan  Webster,  upon  complaint  of  Anna  Hazeltine  for 
suspicion  of  shooting  her  mare,  signed  by  Daniel  Denison,t 
for  the  court,  and  returned  by  Abraham  Hazeltine, f  constable 
of  Bradford. 

Summons,  dated  Mar.  17,  1676-7,  to  David  Hazeltine, 
Abraham  Hazeltine,  Henry  Kimbal,  Mercy  Kimbal  and 
Robert  Hazeltine,  signed  by  Daniel  Denison.f 

Robert  Hesseltine,  aged  about  twenty  years,  deposed  that 
the  past  winter  when  his  mother  Hezeltine's  mare  was  killed, 
he  was  at  the  house  of  his  cousin  Nathan  Webster  and  asked 
him  who  he  thought  killed  her  and  he  said  he  did.  Deponent 
asked  him  again  and  he  said  "yea,  I  think  it  was  I."  The 
day  after  the  mare  was  killed  Nathan  Webster  was  at  their 
house  and  said  he  would  carry  home  his  plain  shoes  till  he 
went  to  kill  more  horses  again.     Sworn  in  court. 

David  Haseltine  and  Abraham  Haseltine,  inhabitants  of 
Bradford,  testified  that  after  they  heard  that  their  mother's 
mare  was  killed,  they  saw  tracks  where  a  man  with  plain 
shoes  had  gone  into  the  field,  a  dog  following  him,  and  found 
a  piece  of  tow  which  had  been  the  wadding  of  a  gun,  the  mare 
having  been  shot  with  a  bullet.  They  tracked  the  man  to 
the  highway  and  to  the  house  of  said  Webster,  etc.  Sworn  in 
court. 

Nathan  Webster  affirmed  that  Anna  Haseltin  told  him  that 
the  mare  was  Robert's  before  his  father  died. 

John  Watson,  aged  about  thirty-three  years,  testified. 
Sworn,  Mar.  11,  1677,  before  Nath.  Saltonstall,t  commissioner. 

Henry    Kimball,    aged    about    twenty-two    years,    deposed 

tAutograph. 


1677]  RECORDS    AND    FILES  253 

George  Major,  for  burglary  and  stealing  pork  and  beef 
from  John  Knight,  was  fined  and  ordered  to  be  branded  on 
the  forehead  with  the  letter  B  and  bound  to  good  behavior.* 

that  being  at  Nathan  Webster's  house,  and  having  heard 
Mr.  Sims  preach  against  the  sin  of  cruelty  and  revenge,  one 
neighbor  against  another,  he  told  Nathan  it  was  a  pity  that 
he  was  not  at  meeting  to  have  heard  it.  He  further  asked 
Nathan  why  he  killed  his  aunt's  mare  and  he  said  to  make 
mares  a  commodity  for  he  wanted  a  market  for  his;  when 
asked  if  he  killed  Robert  Hazeltine's  mare,  he  answered  "yea," 
and  when  asked  how  long  he  had  reigned  in  his  wickedness 
he  answered  all  the  days  of  his  life,  etc.  Mercy,  wife  of  Ben- 
jamin Kimball  testified  to  the  same.     Sworn  in  court. 

Thomas  Hardee  and  Caleb  Hopkissen  deposed  that  the 
latter  end  of  the  last  year  they  being  at  Mr.  Sims  watching, 
Nathan  Webster  said  that  he  killed  the  sheep  of  his  uncle 
Robert  Haselton  when  they  went  into  his  lot  and  stopped 
the  holes  where  they  got  in  with  them.  Sworn,  Mar.  26, 
1677,  before  Nath.  Saltonstall,t  commissioner. 

Robert  Haseltine  and  Girshum  Haseltine  testified.  Sworn, 
Mar.  26,  1677,  before  Nath.  Saltonstall,t  commissioner. 

Abigale  Roffe,  aged  about  sixteen  years,  deposed  that 
she  dwelling  in  John  Heseltine's  house,  etc.  Sworn,  Mar. 
26,  1677,  before  Nath.  Saltonstall,t  commissioner, 

Josiah  Gage,  aged  about  twenty-eight  years,  deposed  that 
being  at  the  house  of  John  Heseltine  of  Heaverhile,  Webster 
said  that  if  he  killed  the  mare  it  must  have  been  in  his  sleep. 
Sworn,  Mar.  26,  1677,  before  Nath.  Saltonstall,t  commissioner. 

Letter  of  attorney,  dated  Mar.  24,  1676-7,  given  by  Ann 
(her  mark)  Haseltine  to  her  son  David  Haseltine.  Sworn 
before  Nath.  Saltonstall,t  commissioner. 

*Summons,  dated  Mar.  19,  1676-7,  for  the  appearance  of 
George  Major,  also  to  witnesses,  John  Badger,  Joseph  Knight, 
Hugh  Pike,  Joseph  Downer,  Mary  and  Sarah  Knight,  James 
Black,  Jon.  Mechill,  and  Ja.  Mirik,  and  to  John  Tappin, 
John  Coffin,  and  Robin,  Hugh  Marster's  man,  as  witnesses 
in    another    case    concerning    the    Richardsons,    and    William 

Saiier,  jr.,    Edward  Ardway,   Seers   and  Tersa  Tidcom, 

signed  by  Daniel  Denison,t  and  returned  by  Joseph  Pike,t 
constable,  who  reported  that  Major's  wife  could  not  leave  her 
sick  child  without  danger. 

John  Badger  and  Joseph  Knight  deposed  that  they  went 
to  Georg  Mogior's  house  to  look  after  some  meat  that  was 
stolen  or  lost  out  of  the  house  of  John  Knight,  sr. ;  they  found 

fAutograph. 


254  IPSWICH   QUARTERLY   COURT  [Mar. 

a  piece  which  Knight  said  was  his  but  Goodwife  Magior  said 
she  had  it  of  Goodwife  Kely.  The  latter  denied  it  and  Knight 
sought  to  prove  that  it  showed  in  his  barrel  of  pork  where 
this  piece  had  been  taken  out,  etc.     Sworn  in  court. 

Mary  and  Sara  Knight  deposed  that  they  asked  Mogier's 
girl  where  her  mother  had  put  the  meat  and  the  bag  and  she 
went  to  speak  to  her  mother  about  it.  Her  mother  struck 
her  in  the  mouth  and  said  "Husy,  you  shall  not  tell,  thay 
shall  never  know  whear  it  is  and  I  will  make  it  my  bisnes 
night  and  day  to  cep  her  in."  Later  a  dog  was  seen  eating 
a  leg  of  good  fresh  pork  a  little  below  Major's  house.  Sworn 
in  court. 

Joseph  Knight  testified  that  Major's  wife  said  she  had 
the  pork  of  Sara  Kell}^,  etc.     Sworn  in  court. 

Hiugh  Pick  testified  that  Major's  wife  told  his  master 
Knight  that  some  of  the  Knight  children  must  have  brought 
the  meat  to  her  house  and  put  it  in  her  barrel  or  in  at  the 
window.  Knight  replied  that  would  not  be  rational,  etc. 
John  Knight,  sr.,  testified  to  the  same.     Sworn  in  court. 

John  Michell.*  aged  about  twenty-six  years,  deposed  that 
the  year  before  last  when  he  lived  with  Mr.  Richard  Kent, 
Georg  Mogiar  tried  to  persuade  him  to  steal  from  his  master 
a  cheese  now  and  then,  saying  that  it  would  never  be  missed, 
but  deponent  told  him  he  would  never  be  a  thief.  Sworn  in 
court. 

Joseph  Dounar,  butcher,  aged  about  thirty-six  years,  de- 
posed that  he  killed  and  cut  up  John  Knight's  swine,  etc. 
Sworn  in  court. 

Joseph  Knight,  aged  about  twenty-five  years,  deposed 
that  he  went  to  Georg  Mogier's  house  and  asked  where  his 
meat  was  that  was  brought  to  his  house  at  break  of  day. 
She  turned  pale  and  then  blushed  as  red  as  a  red  cloth.  He 
asked  what  meat  she  had  in  the  house,  and  she  replied  that 
maybe  she  had  forty  pieces  of  pork  and  four  or  five  pieces  of 
beef.  He  asked  what  they  had  lived  on  all  winter  if  she  had 
so  much  left  now.  Also  that  the  houses  of  deponent  and 
the  Major's  were  near  together,  etc.     Sworn  in  court. 

John  (his  mark)  Whichar,  aged  thirty  years,  and  Hanah 
(her  mark)  Spoford,  aged  twenty-one  years,  deposed  that 
Georg  Mogior  came  into  their  house  and  speaking  of  John 
Knight's  pork,  said  "If  I  haue  his  pork  I  wish  the  devill  might 
teare  mee  in  pecces  body  and  soalle  as  small  as  my  tobacco 
pipe  and  I  wish  the  devill  would  fech  away  John  Knight  boody 
and  soalle  and  all  that  dou  belong  to  him  ....  Sara  Keally 
saide  how  dow  you  dare  to  wish  such  wishes  dounot  you  knowe 

*Autograph. 


1677]  RECORDS    AND    FILES  255 

Benjamin  Kimball  chose  Walter  Fairefield  to  be  his  guar- 
dian. 

Pricilla  Law  chose  John  Bayly  to  be  her  guardian  and  the 
court  allowed  it,  upon  the  same  terms  that  his  father  James 
Bayley  was,  to  whom  she  was  formerly  committed  by  the 
court. 

Ossmund   Traske   of   Beverly   dying   intestate,    administra- 

that  god  hears  you:  yeas  said  hee:  but  I  must  wish  such 
wishes  and  will  wish  soch  wishes:  saide  John  whichar  get  the 
out  of  dores  for  if  thou  dust  follow  this  coarse  thou  wilt  Com 
to  the  gallos:  saide  Mogior  I  care  not  If  I  dow  I  wish  I  wear 
out  of  the  world." 

Jams  Black  testified  that  about  half  an  hour  before  day 
when  his  master  had  gone  to  Boston,  hearing  some  noise  in 
the  house,  arose,  took  his  breeches  and  shoes  in  his  hand, 
went  down  stairs  and  saw  Georg  Magior  carry  away  a  sack 
of  meat.  His  master  kept  the  beef  in  the  parlor  and  the  pork 
in  the  kitchen.  Major  told  him  if  he  would  say  nothing  about 
it  he  would  give  him  something  he  liked.  Deponent  went 
to  Major's  house  later  and  saw  the  meat  on  the  floor  and 
Good  wife  Mogior  said  "thee  art  a  good  boy  Jams;  said  I 
why:  I  good  boay.  my  husband  tell  thee  anon:  when  he 
Com  hom."  Major  said  "good  Jams  Cepe  Counsel  and 
when  thy  mastar  coms  home  hell  mis  his  meat  and  Charg 
thee  for  stelling  it  but  tell  him  thee  dide  never  giue  any  body 
on  bit  and  thee  speckist  trou:  then  heell  Com  to  mee  and 
ask  mee:  why  I  did  case  his  neggar  to  steall  meat  for  him: 
and  I  will  strongly  afirm  I  had:  nara  bit  of  meat  of  thee," 
etc.  Also  Magior  several  times  urged  deponent  to  steal 
from  his  master  powder  and  wool,  and  his  wife  asked  him  to 
take  her  little  white  bag  to  steal  meal  and  sugar,  etc. 

Hugh  Pick  testified  that  Mogior  asked  him  to  steal  powder, 
etc. 

Anthony  Mors,*  aged  about  forty-five  years,  deposed  that 
some  time  last  summer  "Georg  Mogior  cam  by  my  houss  and 
Ran  after  my  boye  with  his  gun  presente  at  the  child  and 
hee  being  afraid  Ran  into  a  hogsty  from  him  I  Coming  to 
see  the  matr  asked  him  whiy  he  Ran  aftr  my  bwoy:  he  the 
said  Mogior  gaue  mee  vary  bad  languidg  and  saied  111  shute 
the  doune  presently:  &  presente  his  gun  at  me  Redy  Kokd 
and  chargd  and  I  did  loock  emediatly  to  bee  ciled:  but 
thoro  gods  prouedenc  wee  got  away  his  gun  and  then  he  drad 
his  sord  and  swagared  with  it  till  v.-ee  got  that  away  also." 

*Autograph. 


256  IPSWICH  QUARTERLY  COURT  [Mar. 

tion  upon  his  estate  was  granted  to  Elizabeth  Traske,  relict  and 
widow  of  said  Ossmund,  and  an  inventory  amounting  to 
84111.  9s.  5d.  was  brought  in.  The  estate  was  ordered  accord- 
ing to  an  agreement  in  writing  presented  and  allowed. 

Richard  Woolery  was  fined  for  cursing  more  than  once 
and  was  ordered  to  pay  costs  to  Joseph  Pike,  constable. 

Hester  Holmes,  relict  and  administratrix  of  the  estate  of 
Robert  Holmes,  having  brought  in  an  inventory  of  201i.  clear 
estate  and  two  children  left  her,  court  ordered  the  estate  to 
her  for  the  bringing  up  of  the  children. 

Edward  Maners  having  stolen  30s.  from  Wm.  Damford  in 
money  and  goods  and  being  committed  to  prison  to  appear 
at  this  court,  and  having  broken  prison  and  made  his  escape, 
court  ordered  that  said  Damford  have  his  things  restored  to 
him,  and  Manners  was  fined. 

Abigaill  Morse  was  ordered  to  be  whipped  for  fornication 
unless  she  pay  a  fine. 

Sarah  Gowin  was  ordered  to  be  whipped  for  fornication 
unless  she  pay  a  fine. 

Joss,  merchant  Wainwright's  negro,  vras  ordered  to  be 
whipped  for  fornication,  and  to  pay  to  Sarah  Gowin  or  her 
father  2s.  per  week  every  week  or  8s.  per  month  or  to  be 
distrained  for  it  by  the  marshal. 

Wm.  Latirnore,  being  complained  against  by  a  testimony 
of  Thomas  Browne,  was  ordered  to  appear  at  Salem  court. 

Hanah  Howard,  for  fornication,  was  ordered  to  be  whipped 
or  pa}'^  a  fine. 

John  Hunkins  was  bound  to  appear  at  the  next  Ipswich 
court,  with  Joseph  Lee  as  surety. 

Thomas  Leonard,  Samuell  Moore  and  Blaze  Vinton  for 
robbing  upon  the  highway,  were  ordered  to  be  branded  upon 
the  forehead  with  the  letter  B  and  each  to  pay  to  Wm.  Latti- 
more  five  nobles  and  to  Richard  Simmons,  20s.,  and  for  affront- 
ing and  abusing  Bellringer  and  Stace  upon  the  highway,  they 
were  fined  and  bound  to  good  behavior.  Court  ordered  the 
marshal  to  pay  out  of  what  was  allowed  to  Bellringer  and 
Simmons  to  Mr.  Latimore  15s.  each  for  their  charges  in  prose- 
cuting.* 

*William  Lattarmore   testified   that  upon   the   9th   day   of 


1677]  RECORDS    AND    FILES  257 

this  month  coming  from  Boston  in  the  evening  near  Gorg 
Darling's,  he  met  with  Tho.  Lenarcl,  Samuell  More  and  Blaze 
Vinton  in  the  King's  highway.  '"The  furst  salutation  that 
I  had  Tho.  Lennard  bid  me  stand:  and  Asked  me  whoe  was 
thare  and  I  made  Answer  we  ware  men:  then  Lenard  chal- 
inged  us  of  our  horsis  to  try  our  manhood  and  said  that  he 
would  take  me  by  y®  lylides  and  make  my  heels  strik  fiar 
against  the  eliment:  sum  small  spass  aftar  these  words  the 
abouesaid  lennard  and  Samuell  more  folowed  me  and  plucked 
me  of  my  horse  and  robed  me  and  touck  from  me:  a  gould 
ring  tow  shilings  in  monny  of  silver  and  Gould  ribbin:  and 
fower  yards  of  silver  twest."  Sworn,  18  :  10  :  1676,  before 
Wm.  Hathorne,*  assistant. 

Richard  Simons  testified  that  he  was  with  William  Lattar- 
mor  and  John  Trevit,  and  was  pulled  from  his  horse,  chased 
and  forced  against  a  tree,  where  they  struck  him  as  many 
as  a  hundred  blows.  At  last  someone  came  from  Darling's 
and  rescued  him  or  else  he  might  have  been  robbed  for  he  had 
a  great  deal  of  money  about  him,  etc.  Sworn,  18  :  10  :  1676, 
before  Wm.  Hathorne,*  assistant. 

Lenard  Bellringer  testified  that  some  time  last  December 
coming  from  Salem  upon  a  Saturday  night  at  Forris  river, 
he  laid  down  his  net  lines  at  the  foot  of  the  bridge.  Three 
horsemen  came  along,  the  same  who  abused  Latamore,  and 
Sam.  Moore  stooped  down  with  his  stick,  took  up  the  lines 
and  threw  them  into  the  river,  saying,  "You  doge  fetch  them 
out  or  els  I  will  put  you  in  or  throw  you  into  the  rivar."  So 
he  was  obliged  to  get  his  lines  from  the  river  and  they  beat 
him  and  told  him  never  to  sit  on  a  bridge  when  gentlemen 
pass  by.  Sworn,  16  :  1  :  1676-7,  before  Wm.  Hathorne,* 
assistant. 

John  Bassay  testified  that  about  Dec.  9  in  the  evening  he, 
Samuell  Peeke  and  Mr.  Blainar  saw  Tho.  Lenard,  Blaze  Vin- 
ton and  Samull  More  go  into  Gorg  Dalings  house  and  stay 
awhile,  and  after  they  went  away  deponent  heard  a  great 
combustion,  men  cry  out  and  blows  pass.  They  went  into 
the  house  and  found  Richard  Simons  down  and  some  of  the 
before  mentioned  men  upon  him,  but  when  they  saw  them 
they  left  him,  etc.  Sworn,  22  :  11  :  1676,  before  Wm.  Hath- 
orne,* assistant. 

Jno.  Trevett,  aged  about  twenty-two  years,  testified  that 
the  three  men  met  with  them  between  Darling's  and  Rich- 
ard's houses  "in  y*=  Dusk  of  y®  Euening  and  these  men  asked 
who  Comes  there  we  Answered  friends  they  Bid  us  stand 
but  we  thought  noe  harm  but  Rid  on  ou"^  way,"  etc.     Mr. 

*  Autograph. 


258  IPSWICH  QUARTERLY  COURT  [Mar. 

Upon  strong  information  by  divers  persons  that  Wm. 
Lattimore  said  that  Blaze  Vinton  did  not  strike  him  but  en- 
deavored to  rescue  him,  court  respitted  that  part  of  the  sen- 
tence of  branding  until  Salem  court.  Said  Vinton  bound  for 
appearance  at  the  next  Salem  court,  with  his  brother  John 
Vinton,  as  surety.* 

Samuell  More  was  bound  to  good  behavior,  with  Richard 
More  as  his  surety. 


Blaney    rescued    them,    etc.     Sworn,     22  :  11  :  1676,    before 
Wm.  Hathorne,t  assistant. 

Jno.  Stascye,  aged  about  twenty-six  years,  deposed  that 
coming  from  Salem  in  the  south  field,  the  three  men  overtook 
him,  took  his  hat  off  and  carried  it  away,  etc.  Sworn,  18  : 
10  :  1676,  before  Wm.  Hathorne,t  assistant. 

Jno.  Blanye,  aged  about  forty-six  years,  testified  that  he 
with  Samuell  Pike  and  Jno.  Basye  had  some  business  at  George 
Darling's  house  where  they  found  the  three  men  complained 
of,  having  two  pots  of  cider  and  cakes.  When  they  had  paid, 
the  three  bade  them  farewell  and  away  they  went.  One  of 
the  men  they  assaulted  was  from  Boston  and  had  nearly  a 
hundred  pounds  with  him,  etc.  Sworn,  18  :  10  :  1676,  before 
Wm.  Hathorne,t  assistant. 

Samuell  Pik,t  aged  about  twenty-two  years,  testified  on 
22  :  11  :  1676,  etc. 

*William  Lattemor  testified  that  when  he  was  robbed  on 
the  highway  Blaze  Vinton  pulled  the  men  from  him  and  if 
it  had  not  been  for  Vinton,  they  would  have  murdered  him. 
Sworn,  10  :  2  :  1677,  before  Wm.  Hathorne,t  assistant. 

Thomas  Browne,  aged  twenty-two  years,  testified  that  he 
being  at  Theophilus  Baylye's  house  and  hearing  a  noise  upon 
the  common,  crying  murder,  found  William  Latymore  fight- 
ing with  a  man  and  striking  many  blows,  calling  him  odious 
names  not  fit  to  be  spoken  by  men,  as  rogue,  bastard  and 
fool.  Sworn,  10  :  1  :  1676-7,  before  Wm.  Hathorne,t  assistant. 
Edmond  Bridges  deposed  that  discoursing  with  Belringer 
about  the  fray,  the  latter  said  that  if  ever  he  met  with  Blaze 
Vinton,  "if  I  haue  but  one  shilin  he  shall  haue  part  of  it  for 
when  more  and  Lenard  was  foule  on  me  Vinton  stood  a  prity 
way  from  us  and  leaned  on  his  horse  and  nether  said  nor  did 
to  my  damige." 

Joseph  Holoua,  aged  thirty  years,  testified  that  bemg  at 
Goodman  Balie's  house  at  Lin,  etc. 

fAutograph. 


1677]  RECORDS   AND    FILES  259 

Thomas  Leonard  was  bound  to  good  behavior,  with  Ens. 
John  Gould  and  John  Newmarsh  as  sureties. 

John  Lee,  for  knocking  down  Daniell  Hovey  and  abusing 
the  constable,  was  fined  and  bound  to  good  behavior.  Said 
Lee  was  bound,  with  Esaiiah  Wood  and  Wm,  Haj^ward,  as 
sureties. 

Joshua  Richardson,  Caleb  Richardson  and  Edward  Ord- 
way  complained  of  for  breaking  up  the  meeting  house  at  New- 
bury and  breaking  a  pew  and  chairs,  were  tried  by  a  jury 
and  found  guilty.  They  were  to  be  whipped  or  pay  a  fine 
and  were  also  bound  to  good  behavior.* 

*Tristram  Coffin,  aged  forty-five  years,  testified  that  he 
saw  Joshua  Richisson  on  Wednesday,  the  next  day  after  the 
pew  or  seat  was  broken  in  January,  and  he  could  go  as  well 
without  limping  as  ever  he  could.     Sworn  in  court. 

Tristram  Coffin,  aged  forty-five  years,  testified  that  the 
day  the  pew  was  broken,  the  windows  of  the  meeting  house 
were  all  fast  and  the  window  which  was  broken  was  fastened 
with  two  hasps.  One  hasp  was  broken  and  the  glass  broken. 
Sworn,  Feb.  22,  1676,  before  Daniel  Denison.f 

Robard  Carr  testified  that  Joshua  Richisson  had  his  great 
coat  on  the  night  he  saw  him  at  his  father's  house  when  de- 
ponent was  sent  to  carry  a  warrant  to  Ensign  Grenlefe's  house, 
it  being  the  same  night  that  the  pew  was  broken.  Sworn  in 
court. 

Anthony  Morse,  sr.,t  affirmed,  23  :  12  :  1676,  that  he  was 
appointed  to  look  after  the  meeting  house  and  had  been  care- 
ful to  make  fast  all  the  windows  and  doors,  but  notwith- 
standing, the  windows  had  been  broken  several  times  and 
the  meeting  house  made  common  bj^  reason  of  such  disorders. 
The  door  was  daubed  with  a  sarrowans  and  the  key  hole 
stopped  up  with  it  so  that  he  had  difficulty  in  opening  the  door. 
Sworn  in  court. 

Tristram  Coffin  testified  that  there  was  a  sarrowans  put  in 
the  corn  which  was  put  up  in  the  meeting  house  loft  for  se- 
curity, which  was  in  a  cask  in  the  chamber.     Sworn,  Feb.  22, 

1676,  before  Daniel  Denison.f 

Petition  of  divers  inhabitants  of  Newberry,  dated  Apr.  23, 

1677,  that  though  they  are  far  from  justifying  the  outrageous 
practices  of  the  young  men  sentenced  by  the  court  and  they 
do  not  question  the  justice  of  the  court's  decision.  "We  do 
not  know  any  of  the  young  men  have  bin  detected  of  open 

fAutograph. 


260  IPSWICH    QUARTEELY    COURT  [Mar. 

crimes  but  haue  bin  diligent  &  laborious  to  promote  &  support 
their  parents  who  stand  in  need  of  their  help,  they  haue  bin 
imployed  in  publike  service,  haue  endured  hardshipps,  & 
adventured  their  lives  &  limbs  for  the  Country:  &  they  haue 
openly,  ingeniously,  &  solemnly  made  acknowledgment  of 
their  offence,  before  many  assembled  to  that  end,"  on  which 
account  the  petitioners  asked  that  their  fines  be  abated. 
Signed  by  Paull  White,*  Tho.  Woodbridge,*  H.  Shortt,* 
Persavell  Lowle,*  Nathanell  Clarke,*  Joseph  Coker,*  Caleb 
Moodye,*  Wm.  Chandler,*  Stephen  Greenleafe,  jr.,*  Ben- 
jamine  Lowle,*  Jonathan  Woodman,*  Joseph  Bayley,*  Samuell 
Poore,  sr.,*  Hendry  Jackwish,*  Jno.  Dole,*  Joseph  Downer,* 
Benjmin  Rolfe,*  John  Atkinson,*  Robert  Coacker,*  Archelaus 
Woodman,*  Jacob  Tappen,*  Edward  Wodman,  sr,,*  Joshua 
Woodman,*  Robt.  Batlet,  sr.,*  Isrell  Webster,*  Samuel  Bart- 
let,*  Robert  Long,*  Robert  Beadell,*  George  March,*  Stephen 
Swet,*  John  Bayley,*  John  Poore,  sr.,*  John  Webster,  sr.,* 
Peter  Toppan,*  Edward  Woodman,*  John  Batlet,  sr.,*  John 
Bartlet,  jr.,*  Daniel  Lunt,*  Edmund  Mooars,  sr.,*  Francis 
brown,*  Beniamen  Morse,*  Joseph  Muzie,*  Nathaniell  Bricket,* 
Edward  richesen,  sr.,*  Jams  Ordway,  sr.,*  John  heall,*  Wm. 
Morse,*  Anthony  Somerby,*  John  wollcot,*  Thomas  Browne,* 
Petter  Godfry,  John  Swett,  Wilum  Pilsbery,*  Wilum  Sayer, 
sr.,*  John  Sayor,  Nathannel  Merel,  Danniell  Merel,  Moses 
Pilsbery,  Henry  Sewall,*  John  Sewall,*  Tristram  Coffin,* 
John  Knight,*  Stephen  Grenlefe,*  Richard  Knight,*  Richard 
Dole,*  Samuell  Plumer,*  Recherd  Kent,*  John  Emerj^  jr., 
Jonathan  Emery,*  Joseph  Pike,*  Thomas  hale,  jr.,*  John 
Badger,*  Daniell  Chenie,*  thomas  hale,  sr.,  John  Knight, 
jr.,  Nicolas  Noyse,  danill  Peirce,  sr.,  Daniell  peirc,  jr.,  Antonie 
Morse,  sr.* 

James  Ardoway,  aged  fifty-four  years,  and  John  Kent, 
aged  about  thirty-two  years,  deposed  that  they  heard  Franses 
Browne,  one  of  the  selectmen  of  1676,  say  that  the  seat  in 
controversy  was  set  up  without  order  from  the  townsmen 
and  that  Goodman  Knight  and  Goodman  Greenlefe  owned 
that  it  was  set  up  contrary  to  their  knowledge.  Sworn  in 
court. 

James  Ordway  and  John  Kent  testified  that  the  major  part 
of  the  town  did  so  justify  the  act  of  pulling  down  this  pew 
that  they  gave  a  general  vote  that  the  seat  should  be  reduced 
to  its  former  station  and  be  a  common  seat  as  formerly.  This 
vote  was  taken  Mar.  5,  1676-7.     Owned  in  court. 

Edward  Richardson,  sr.,  and  James  Ordway,  sr.,  deposed 
that  it  was  voted  at  a  general  town  meeting  that  the  seats 

*Autograph. 


1677]  RECORDS    AND    FILES  261 

Richard  Carr,  complained  of  for  the  same  crime,  was  found 
not  guilty  and  discharged.* 

Upon  Mr,  John  Giffard's  complaint  against  Christopher 
Temple,  it  was  ordered  that  Temple  return  to  said  Giffard 
within  one  week  and  serve  him  a  year  and  a  half  or  pay  61i, 
Abraham  Martin  was  to  pay  the  costs. 

Walter  Roper,  presented  by  the  grand  jury  upon  complaint 
of  Mr.  Wm.  Cogswell  upon  suspicion  of  a  false  oath  and  not 
proved,  was  discharged. 

Benjamin  Herrick  dying  intestate,  administration  upon  his 
estate  was  granted  to  his  brothers  Zachry  and  Ephraim.  The 
estate  was  to  be  divided  among  all  the  brothers  and  sisters 
excepting  Thomas,  viz.,  Zachariah,  Ephraim,  Henry,  Joseph, 
John  and  Elizabeth,  wife  of  Phillip  Fowler.  The  mother 
of  said  Benjamin  was  to  have  the  income  of  the  land  during 
her  natural  life.     Zacheriah  and  Ephraim  were  bound. 

Court  adjourned  to  the  last  Tuesday  in  April. 

Court  held  at  Salisbury,  Apr.  10,  1677. 

Major  Genii.  Denison,  president;  Major  Pike,  Capt.  Sal- 
tonstall,  Mr.  Samll.  Dalton  and  Capt.  Bradbury,  associates. 

Grand  jury:  Abraham  Pirkins,  foreman,  Phillip  Challis, 
Tho.  Barnard,  John  Haseltine,  Daniell  Hendrick,  Moses 
Gillman,  Rodger  Easman,  John  Ilsley,  Jno.  Gill,  Francis 
Page,  Joseph  Dow  and  Thomas  Sleeper. 

Jury  of  trials:  Tho.  Filbrick,  foreman,  Wm.  Fifeild,  Ed- 
ward Gove,  Henry  Moulton,  Robert  Swan,  George  Goldwyer, 

in  the  gallery  should  be  made  up  again  as  they  were  before 
the  pew  was  pulled  down,  and  there  were  no  votes  in  the  nega- 
tive.    Owned  in  court. 

John  Topen  testified  that  Edward  Ordway  told  him  that  he 
was  one  of  those  who  pulled  down  the  seat.     Sworn  in  court. 

*George  Carr  and  Jams  Carr  testified  that  on  Jan.  12  Rich- 
ard Carr  went  into  the  Salisbury  woods  with  deponents  to 
cut  timber  and  remained  with  them  until  about  ten  o'clock 
when  they  went  to  bed  at  home  and  in  the  morning  saw  him 
get  ready  to  go  into  the  woods  again.  Sworn,  Mar.  24,  1676- 
7,  before  Samll.  Dalton,t  commissioner. 

t  Autograph. 


262  SALISBURY    QUARTERLY    COURT  [Apr. 

Willi.  Buswell,  Henry  Browne,  Jno.  Clough,  John  Foulsham, 
Samll.  Foot  and  Samll.  Weed. 

Daniell  Ela  v.  Abraham  Whitticker.  Appeal  from  a  judg- 
ment of  Capt.  Saltonstall.  Verdict  for  defendant,  confirma- 
tion of  the  former  judgment. 

Edward  Gove  v.  Jno.  Griffyn.  Appeal  from  a  judgment 
of  Capt.  Saltonstall  about  a  horse.  Verdict  for  plaintiff,  the 
reversion  of  the  former  judgment.  Appealed  to  the  next 
Court  of  Assistants.  Jno.  Giffyn  bound,  with  Jotham  Hen- 
drick,  as  surety. 

Edward  Gove  v.  John  Griffin.  Appeal  from  a  judgment 
of  Capt.  Saltonstall  about  a  saddle.  Verdict  for  plaintiff. 
Appealed  to  the  next  Court  of  Assistants.  Jno.  Griffin  bound, 
with  Jotham  Hendrick,  as  surety. 

Jno.  Haseltine,  sr.  v.  Abraham  Whitticker.  Review  of 
a  case  tried  at  Hampton  court,  10  :  8  :  1665,  concerning  mow- 
ing grass  and  taking  it  away  from  his  Spickett  meadow.  Ver- 
dict for  defendant.* 

*Abraham  Whiticker,  jr.,  aged  twenty  years,  and  William 
Whiticker,  aged  eighteen  years,  deposed  that  their  father  had 
been  molested  many  years  by  John  Haselton,  sr.,  or  some  of 
his  sons,  once  at  Spicket  meadow  at  the  end  next  said  Hasel- 
ton's  meadow,  by  carrying  away  grass,  etc.     William  Whitt 

From  Samuel  Dalton's  commissioner's  records.     See  ante,  vol.  5,  p.  235. 

On  28:  9  :  1676,  Charles  Runlett,  attorney  to  Alexander  Gordin  v.  John 
Kimin.  For  withholding  pay  due  for  six  days'  work  about  two  years  since. 
Judgment  for  plaintiff. 

On  12  :  10  :  1676,  William  Marston  v.  John  Young.  For  withholding 
pay  due  him  for  wintering  and  keeping  an  ox.     Judgment  for  plaintiff. 

Ensign  John  Samborn  and  Abraham  Perkins,  sr.,  on  Mar.  31,  1677,  took 
the  appraisers'  oath. 

Georg  Pearson  and  Ann  Taylor,  both  of  Exeter,  were  married  Apr.  2,  1677. 

On  Apr.  2,  1677,  whereas  Jacob  Garland  was  convicted  of  disorders  upon 
the  Sabbath  day  night  on  Mar.  25,  which  he  denied  at  his  first  examination, 
he  now  manifesting  some  degree  of  penitency  and  owning  his  fault,  was 
fined  and  ordered  to  make  the  following  acknowledgment  in  a  public  meet- 
ing: 

"I  Jacob  Garland  Doe  Acknowledg  thatt  I  did  Acte  foohshly  and  sin- 
fully in  being  late  at  the  ordinary  on  the  sabath  Day  att  night  ye' 25  Day  of 
march  last  and  the  same  night  Goeing  into  the  meeting  house  &  Ringing 
the  bell  aboutt  ten  of  the  Clock  att  night  to  the  distm-banc  of  the  Towne 
&  Giveiug  Just  Cause  of  offenc  to  the  Inhabitants:  for  which  offences  I  Doe 
Crave  pardon  of  God  &  His  people,  and  Doe  Desire  thatt  this  my  Acknowl- 
edgment may  be  Accepted  of  this  Assembly  and  a  warning  to  others  to  take 
Heed  of  falling  into  the  Uke  or  any  other  Evill  practices." 


1677]  RECORDS    AND    FILES  263 

Jno.  Severans  v.  Ensign  Buswell,  Jno.  Ilsly,  Henry  Brown 
and  Wm.  Brown,  in  behalf  of  the  church  of  SaHsbury.  For 
withholding  pay  due  to  said  Cornet  Severans  for  providing 
for  and  entertaining  divers  gentlemen  sent  for  by  the  said 
church  to  sit  in  council  at  Salisbury  in  Sept.,  last,  they  being 
entertained  four  days,  which  charge  was  about  161i.,  51i.  being 
promised  to  be  paid  in  wheat  or  pork  and  the  rest  in  provisions 
at  money  price.  Special  verdict.  Two  of  the  church  were 
chosen  to  provide  for  the  council  and  one  acted,  so  if  the  act 
of  one  bound  the  church  to  pay,  they  found  for  plaintiff,  if 
not,  for  defendant.     Court  gave  judgment  for  plaintiff. 

Capt.  Walter  Barefoot  v.  Christopher  Palmer.  Review  of 
a  case  tried  at  Salisbury  in  1675,  in  which  said  Palmer,  as 
assignee  of  George  Norton  was  plaintiff  in  an  action  of  debt, 
and  said  Barefoot  defendant.  Special  verdict.  If  in  the 
last  clause  of  the  bill  with  a  seal  to  it  according  to  law  makes 
void  the  obligation,  they  found  for  plaintiff,  if  not,  for  defend- 
ant. Court  found  for  defendant.  Appealed  to  the  next 
Court  of  Assistants.  Capt.  Walter  Barefoot  bound,  with 
Edward  Colcord,  sr.,  and  Phillip  Grele  as  sureties. 

Peter  Tappin  v.  Ralfe  Hall  and  Charles  Hilton.  Debt. 
To  be  paid  in  boards  and  pipestaves  as  by  bill  of  Nov.  20, 
1667.     Verdict  for  plaintiff. 

Jotham  Hendrick,  assignee  of  Jabez  Hendrick  v.  James 
Sanders.     Debt,  in  wheat  or  pork.     Verdict  for  plaintiff. 

Mr.  Jno.  Groth  v.  Will.  Brooking.  For  withholding  money 
clue  for  medicines,  skill  and  pains  upon  defendant's  leg  or 
ankle  in  Dec,  1665,  with  forbearance.     Verdict  for  defendant. 

Henry  Lamprey  acknowledged  a  judgment  of  501i.  due 
to  Major  Tho.  Clarke. 

Robert  Jones  acknowledged  a  judgment  of  ten  thousand  feet 
of  white  pine  board  due  Benjamin  Allin  at  40s.  per  thousand. 

Upon  motion  of  David  Robinson,  who  was  appointed  by 
this  court  administrator  with  his  mother  of  the  estate  of  Jno. 
Robinson,  late  of  Exiter,  deceased,  court  ordered  that  he  pay 

and  James  Daves  also  testified.     Sworn,  Apr.  9,  1677,  before 
Nath.  Saltonstall,*  commissioner. 

*Autograph. 


264  SALISBURY    QUARTERLY    COURT  [Apr. 

the  debts  and  return  an  account;  also  that  the  remaining 
estate  be  kept  in  the  hands  of  the  administrators  during  the 
lifetime  of  the  widow  Robinson,  and  then  to  be  divided  among 
the  children  who  survive. 

Daniel  Ela's  license  to  keep  the  ordinary  for  Haverhill 
for  the  ensuing  year  was  renewed. 

Henry  Robie  had  his  license  to  keep  ordinary  for  the  town 
of  Hampton  renewed  for  the  ensuing  year. 

Mr.  Jno.  Gillman  was  licensed  to  keep  the  ordinary  for 
Exiter  for  the  ensuing  year. 

Capt.  Thomas  Bradbury  was  appointed  guardian  of  his 
grandchild  Wymond  Bradbury. 

Ephraim  Winsly  took  the  oath  of  fidelity,  and  was  sworn 
constable  for  Salisbury  for  the  ensuing  year. 

Ephraim  Winsly  and  Phillip  Grele  were  discharged  of  their 
bond  for  Ben.  Grele's  appearance. 

Benjamin  Grele  was  bound  for  appearance  at  the  next 
Hampton  court  in  an  action  brought  by  Robt.  Clement  con- 
cerning abuses  to  the  latter's  daughter. 

Kinsly  Hall  was  sworn  constable  for  Exiter  for  the  ensuing 
year. 

Capt.  Barefoot's  bond  for  appearance,  which  he  forfeited, 
was  moderated. 

Joseph  Peasly,  complained  of  by  Peter  Bruer  for  beating 
him  with  a  chain,  was  ordered  to  pay  him  in  corn  and  money, 
and  was  bound  to  good  behavior.  Joseph  Peasly  and  Jotham 
Hendricks  bound. 

Joseph  Peasly,  presented  for  abusing  Timothie  Swan  of 
Haverhill,  was  ordered  to  pay  20s.  in  corn  to  Robert  Swan, 
said  Timothvie's  father,  and  was  bound  to  good  behavior. 
Joseph  Peasly  bound,  with  Jno.  Hendrick  and  Jotham  Hen- 
drick  as  sureties. 

John  Barnard  and  his  wife  owned  that  they  were  guilty  of 
fornication,  he  being  fined  31i.  and  she  40s. 

Paltiell  Hall,  for  fornication,  was  sentenced  to  be  whipped 
unless  she  pay  a  fine. 

Upon  motion  of  Capt.  John  Gillman  of  Exiter  concerning 
an  Indian  servant  called  John  French  who  put  himself  under 
Capt.  Gillman's  tuition  about  the  beginning  of  the  war  with 


1677]  RECORDS    AND    FILES  265 

the  Indians,  court  ordered  that  he  return  to  said  Gillman 
forthwith  and  do  him  faithful  service. 

Dorethie  Rolenson,  for  stealing  from  Mr.  Wm.  Bradbury 
to  the  value  of  20s.,  court  ordered  that  she  pay  31i.  or  treble 
damages  according  to  law  and  be  whipped  with  ten  stripes 
or  pay  a  fine.* 

Upon  motion  of  Mr.  Samll.  Dalton  in  behalf  of  Jno.  Marian 
and  Margerie,  his  now  wife,  formerly  the  wife  of  Dea.  Willi. 
Godfrey,  concerning  Nathll.  Smith,  who  was  formerly  given 
to  said  Godfrey  and  Margerie  as  their  own  and  who  also  kept 
him  from  a  child,  court  ordered  that  said  Marian  and  Mar- 
gerie keep  him  until  he  reaches  the  age  of  twenty-one  years, 
and  that  he  should  do  them  faithful  service. 

Whereas  Susannah  Buswell,  wife  of  Isaac  Buswell,  jr., 
was  convicted  of  burglary  and  lying,  court  ordered  that  she 
pay  to  Ensign  Wm.  Buswell  6s.  which  he  lost,  also  to  sit  in 
the  meeting  house  in  lecture  time  about  the  middle  of  the 
alley  with  a  paper  pinned  upon  her  head  written  with  these 
words  "FOR  BURGLARY  &  LYING"  in  capital  letters. 

Ensign  Buswell  and  Ephraim  Winsly  were  appointed  ad- 
ministrators of  the  estate  of  Mrs.  Anne  Winsly,  widow. 

*John  Cottle  testified  that  Goodwife  Rowlingson  coming 
to  his  master  Bradburies  house  when  there  was  nobody  at 
home  but  himself,  asked  if  he  had  nothing  to  give  her.  De- 
ponent said  that  he  had  not;  then  she  went  to  the  drawer,  took 
out  a  pair  of  Holland  sleeves  and  asked  if  she  might  not  have 
them.  He  told  her  no,  that  his  mistress  would  want  them, 
for  she  used  to  wear  no  other  to  meeting.  She  said  it  was 
no  matter,  his  mistress  would  not  know  who  had  taken  them 
if  he  would  but  deny  it  stoutly.  She  carried  them  away  and 
after  some  space  of  time  his  mistress  missed  them  and  depon- 
ent told  said  Rowlinson  but  the  latter  encouraged  him  to 
deny  it.  Then  he  went  to  get  them  and  she  told  him  that 
she  was  not  such  a  fool  as  to  give  them  to  him  and  bring 
shame  upon  herself  when  there  was  only  one  witness,  etc. 
Ane  Cottelf  also  testified  "some  other  smal  things  wich  your 
Mrs  wld  not  miss  she  sayede  and  counseled  me  to  get  more 
things  for  her  goody  rouleson  and  some  for  herselfe  and  that 
she  ould  keepe  them  fore  her  the  sayed  searuante."  Sworn, 
Apr.  10,  1677,  at  Salisbury  court. 

fAutograph. 


266  IPSWICH    QUARTERLY    COURT  [Apr. 

Capt.  Jno.  Gillman  of  Exiter  and  Ensign  Will.  Buswell  of 
Salisbury  were  appointed  to  lay  out  a  countr}^  waj^  from 
Hampton  to  Portsmouth  as  far  as  the  bounds  of  Hampton  or 
the  bounds  of  the  County  of  Norfolk  extends,  giving  notice 
to  the  selectmen  of  Hampton  of  the  time  of  their  meeting 
and  make  return  to  the  next  count}^  court  of  Norfolk. 

Tho.  Sargent  took  the  constable's  oath  for  Eamsberrie  for 
the  ensuing  year. 

The  treasurer  was  to  dispose  of  ten  shillings  to  the  servants 
according  to  his  discretion. 

A  division  of  Jno.  Dow's  estate  according  to  court  in  1673, 
made  Mar.  3,  1676-7,  by  Onisiphorus  Mash  and  George 
Browne,  upon  request  of  Onesiphorus  Page  of  Salisbury  and 
Samll.  Shepard  of  Haverhill.  Approved,  Apr.  10,  1677, 
in  Hampton  court. 

Court  held  at  Ipswich,   Apr.  24,   1677,  by  adjournment. 

Mr.  Dudly  Bradstreet,  Lift.  John  Ossgood  and  Ens.  Tho. 
Chandler  were  allowed  to  end  small  causes  for  Andover. 

John  Pearson  brought  an  account  of  work  done  at  Thurrill's 
bridge  amounting  to  30s.  allowed  to  be  paid  by  the  treasurer. 

John  Whitcher,  Mary  Knight,  Steeven  Lavemer  and  John 
Michell,  witnesses  summoned  in  George  Major's  case,  and 
not  appearing,  were  fined. 

Execution,  dated  Apr.  15,  1677,  against  Robert  Jones  to 
satisfy  judgment  granted  Benjamin  Allin,  Apr.  2,  1677,  by 
the  commissioners  of  Salisbury,  signed  by  Tho.  Bradbury,* 
cleric,  and  served  by  Henry  Dow,*  marshal  of  Norfolk.  Ben- 
jamin Allen's*  receipt  to  John  Osgood  of  Salisbury,  in  full 
satisfaction  for  this  execution. 

Execution,  dated  Apr.  15,  1677,  against  Robert  Jones  to 
satisfy  judgment  granted  Benjamin  Allin,  Apr.  10,  1677,  at 
Salisbury  court,  signed  by  Tho.  Bradbury,*  recorder,  and 
served  by  Henrj'-  Dow,*  marshal  of  Norfolk.  Benjamen 
Allen's*  receipt  to  William  Osgood  of  Salisbury. 

Execution,  dated  Oct.  12,  1677,  against  Robert  Ring  to 
satisfy  judgment  granted  Phillip  Grele,  Oct.  9,  1677,  at  Hamp- 
ton court,  signed  by  Tho.  Bradbury,*  for  the  court,  and 
served  by  Henry  Dow,*  marshal  of  Norfolk,  who  delivered 
him  to  John  ter,  prison  keeper  of  Norfolk. 

*Autograph. 


1677]  RECORDS   AND    FILES  267 

George  Major,  presented  for  cursing,  was  fined. 

John  Donoger,  servant  to  Nathaniell  Tredwell,  for  spoiling 
a  cow  of  Haniel  Bosworth's  for  which  his  master  paid  31i. 
10s.,  was  ordered  to  serve  his  master  one  year  after  his  time 
was  out. 

John  Marsh,  presented  for  persuading  Richard  Carr  to 
pull  down  a  pew,  was  discharged. 

Jonathan  Platts  complained  against  Mr,  Samuell  Phillips 
for  charging  him  with  the  rest  of  the  town  with  the  sin  of 
cheating,  for  calling  him  scoffer,  an  Ishmaelite  and  persecutor 
of  God's  people.     Withdrawn.* 

*James  Neill  deposed  that  the  last  winter  when  the  minis- 
try rate  was  gathered,  Richard  Holms  brought  two  bags  of 
Indian  corn,  about  four  bushels  in  both,  and  was  very  loth 
to  have  them  levied,  saying  it  was  measured  and  so  persuaded 
Deacon  Jewit  who  bade  deponent  carry  them  up  into  the 
chamber.  Deponent  took  one  of  the  bags  on  his  shoulder 
and  carried  it  up  but  when  he  opened  it  and  poured  the  corn 
out  there  came  a  very  fusty  smell.  He  threw  a  handful  down 
to  the  deacon  and  he  told  Richard  Holms  of  it,  who  said  he 
had  it  of  one  of  the  town,  but  would  not  tell  of  whom.  The 
corn  was  so  bad  that  the  hogs  would  scarcely  eat  it.  Deacon 
Jewit  testified  the  same.     Sworn  in  court. 

John  Higgison,  William  Hubart,  Seborne  Cotton,  Joshua 
Moudy  and  John  Hale,  "being  called  by  The  Reuerend  Teach- 
er and  bretheren  of  The  church  of  Crist  at  Rowlej^  to  giue 
them  our  advice  in  Relation  to  the  vncomforthable  differ- 
ances  amonge  them  haueing  heard  both  sides  as  fare  as  time 
with  other  considerations  T>'ould  allow,  we  doe  declare  and 
advise  as  Followeth  1.  We  cannot  but  haue  a  deepe  sence  of 
the  euell  of  your  devissions  in  such  a  time  of  Jacobs  Trubles 
and  as  they  haue  caused  great  thoughts  of  heart  with  us, 
soe  should  they  cause  great  searchings  of  heart  in  you  with 
deepe  humelliation  before  the  lord  2  as  to  the  Reuerend 
Teacher  m""  Phillips  his  actions  in  thes  matters  we  cannot  but 
obserue  that  he  hath  manifested  a  due  regard  to  the  churches 
peace  and  proceeded  with  a  spirit  of  integrity  as  fare  as  we 
se  humane  frailtyes  excepted  3  in  the  managing  of  these 
things  as  we  obserue  to  our  rejoj^ceing  much  of  a  spirit  of  ten- 
dernes  and  brotherly  loue  one  towards  another  soe  we  find 
that  through  satans  subtiity  and  humaine  frailtj^  ther  is  that 
mixture  of  a  spirit  of  contention  for  which  you  ought  to  humble 
your  sellues  before  the  lord  and  each  other  4  yet  we  find 
noe  such  distance  in  these  matters  but  that  vpon  mutuall 


268  IPSWICH   QUARTERLY   COURT  [Apr. 

forbereing  and  for  guiding  each  other  in  loue  you  may  retaine 
the  unity  of  spirit  in  the  bond  of  peace  and  returne  to  the  in- 
joyment  of  communion  with  erist  and  one  another  in  all  his 
ordenances  Eph  4  23  collo  3.13  and  seing  the  repeating  of 
matters  tending  to  strife  and  is  as  much  as  maybe  to  be  avoided 
espessally  in  such  an  humbleing  day  of  aduersety  we  doe 
aduise  you  mutually  to  agree  by  an  act  of  forgiuenes  and 
obliuion  upon  the  acknowledgment  of  what  the  Lord  hath 
discouered  to  each  of  you  as  matter  of  humeliation  to  bury 
the  mention  of  past  matters  of  offence  and  studiously  to 
avoide  all  occasions  for  time  to  come  pro  14  9  14  and  20  3  and 
30  :  33  gen  13  And  in  order  thervnto  in  a  way  of  mutuall 
condecension  doe  aduise  (all  things  considered)  that  m''  Shep- 
ard  be  againe  desired  to  preach  till  may  day  next  if  he  be 
pleased  with  in  which  time  unlese  the  wholle  church  concure 
to  voate  his  continuance  that  he  then  desist  from  further 
proceeding  in  that  worke  in  this  place  that  soe  he  may  attend 
what  call  shalbe  giuen  him  to  the  seruice  of  god  else  where 
and  the  church  shalbe  noe  way  occasioned  or  obliged  to  any 
further  retaineing  M''  Shepard  by  this  our  aduise  or  any 
former  obligation."  This  advice  was  accepted  and  assented 
to  by  the  Reverend  Mr.  Phillip  and  Mr.  Shepard  and  also 
by  a  vote  of  the  whole  church,  no  man  contradicting,  dated 
Rowley,  Nov.  4,  1675.  Wit:  John  Higgison,  William  Hub- 
bart,  Seborne  Cotton,  Joshuah  Moody  and  John  Halle. 

Maxemilion  Jewitt  and  William  Teny,  on  Apr.  24,  1677, 
in  the  name  of  the  rest  and  with  their  consent,  "being  sen- 
cable  that  seuerall  of  the  testemonys  and  pleas  now  presented 
doe  much  tend  to  Casting  dirt  and  reproches  on  one  whom 
theay  and  we  ought  to  honor:  and  if  this  honored  court  wear 
as  well  aquainted  with  the  triell  our  reuerend  teacher  hath 
sustained  upon  this  acount  as  we  are  theay  would  think  it 
good  reason  to  stop  such  things  as  are  soe  refleckting  ore 
otherwis  tack  as  long  a  time  whearin  the  whol  trewth  and 
sercumstances  of  the  case  might  be  better  understoud  and 
as  now  he  sofareth  on  our  behalf  and  in  things  whearin  we 
haue  had  a  shar,  soe  we  count  it  our  deuty  to  the  uttermost 
to  stand  with  him  and  for  him  and  soe  acording  to  god:  with 
your  honors  leau  for  we  are  witneses  that  he  hath  withal  fidelity 
and  lowliness  of  mind  serued  god  in  that  minesterial  calling 
in  this  plac  acording  to  that  solem  trust  comitted  to  him 
which  we  hop  haue  bene  profitable  to  some  that  are  most 

hottly  set  against  him  at  this  day  and  to  which  our  re 

rogers  helped  to  cal  him  before  his  deseac  and  declared  him- 
self wel  satisfied  in  the  choic  gods  prouidenc  had  made  for  us 
notwithstanding  our  inabillaty  of  afording  sewtable  main- 
tenanc  to  the  greatnes  of  his  family  and  charg  and  the  dis- 


1677]  RECORDS    AND    FILES  269 

Samuell  Platts,  Rich.  Holmes  and  Daniell  Wicom,  as  select- 
men V.  John  Pickard.  For  charging  them  with  betraying 
their  trust.  On  the  complaint  of  Daniell  Wicom  against  said 
Pickard,  court  considering  what  had  been  alleged  on  both 
sides  judged  that  both  parties  in  several  respects  had  mis- 
taken and  departed  from  the  rule,  and  advised  that  they  be 
more  modest  and  peaceable  in  their  councils  and  practices 
which  would  conduce  more  to  the  peace  of  the  place,  and  for 
the  present  they  were  to  bear  their  own  charges.* 

posichen  he  hath  to  hospatality  and  yet  we  haue  heard  no 
more  complaints  of  his  wants  we  haue  all  caus  to  be  thank- 
full  and  to  bles  god  for  him  and  for  the  comfortable  yockfelow 
he  hath  in  his  family,  finaly  if  it  be  considered  what  a  bur- 
don  he  hath  had  of  us  and  others  by  reason  of  the  unrewlynes 
of  our  spirits  and  unwillingnes  to  stoop  to  order  as  apears 
at  this  day  we  would  say  more  in  this  Cind  but  that  we  are 
loth  to  burthen  your  honors  patienc  or  tack  up  time  soe  we 
leau  it  to  your  wisdom  who  we  fear  not  but  you  will  tack  care 
what  you  can  to  prevent  our  trobls  and  our  teachers  greif 
for  nether  of  them  will  be  profitable  to  us." 

Richard  Swan,  aged  about  seventy  years,  deposed  that 
divers  years  ago  being  at  a  town  meeting  at  Rowley  when 
some  persons  began  to  speak  of  the  price  of  corn,  deponent 
having  attended  the  General  Court  that  year,  declared  what 
price  the  General  Court  had  set  for  Indian  corn,  namely  eight 
groats  per  bushel,  using  many  arguments  to  persuade  them 
to  let  it  go  at  that  price  to  pay  the  ministry.  He  further 
told  them  that  it  would  give  great  offence  if  they  should  raise 
the  price.  Notwithstanding,  they  set  the  price  at  3s.  pr 
bushel.  Later  being  at  a  General  Court,  a  member  brought 
in  a  bill  that  some  care  might  be  taken  for  the  regulation  of 
paying  ministers'  rates  or  better  providing  for  the  maintenance 
of  the  ministry  and  gave  that  reason  for  it,  for,  he  said,  he 
heard  that  Rowley  paid  their  rate  at  3s.  pr  bushel,  which 
several  persons  there  did  much  blame.     Sworn  in  court. 

Maxemiallian  Jewett  deposed.     Sworn  in  court. 

*Ezekiell  Northen  and  John  Acie  deposed  that  at  a  public 
town  meeting,  they  heard  John  Pickard  say  the  major  part 
of  the  selectmen  had  betrayed  the  trust  that  the  town  had 
committed  to  them  and  thereb}^  obtained  a  vote  for  the  choos- 
ing of  two  more  to  add  to  the  five,  contrary  to  the  custom  of 
the  town.  Also  that  John  Pickard  said  that  if  the  town 
did  not  put  Goodman  Wickam  out,  for  his  part  he  would 
not  serve  as  a  selectman.     Sworn  in  court. 


270  IPSWICH    QUARTERLY    COURT  [Apr. 

Copy  from  the  town  book  made  by  William  Tenny,*  keeper 
of  the  record  book:  "for  the  orderinge  of  publicke  Towne 
meetings,  it  is  agreed  that  there  shall  be  thre  sufficient  per- 
sons to  warne  publick  Towne  meetings,  each  in  there  seuerall 
circuits,  he  which  doth  warne  from  John  persons  to  mr.  Nell- 
sons  shall  haue  4^^  a  time,  and  he  who  doth  warne  bradforth 
streete  shall  haue  2^  a  time." 

"Att  A  legall  Towne  meetinge  the  19  of  January  1676 
Sammuell  Plats,  Richard  Holms  Daniell  wicom  were  chosen 
selectmen  for  the  yeare  ensuinge,  and  about  a  weeke  after 
John  Pickard  and  William  Tenny  at  a  legall  Towne  meetinge 
were  chosen  selectmen  And  at  a  legall  Towne  meetinge  held 
the  sixtenth  of  march  1676  John  Baley  and  John  Person  Junior 
were  chosen  selectmen,  that  soe  there  might  be  seuen."  Copy 
made  by  William  Tenny.* 

"An  order  made  by  the  Towne  of  Rowley  for  the  yeare 
1648:    It  is  ordered  and  agreed  that  the  prudentiall  men  dur- 

inge  the  time  of  there shall  haue  full  power  to  order  and 

transact  all  the  common  affairs  of  the  Town  ley,  as  to 

make  orders  impose  fines,  for  the  better  managinge  of  the 
affairs  of  the  aforesaide  Towne  prouided  that  they  doe  noth- 
inge  contrary  to  the  orders  of  the  Court  prouided  allso  that 

they  dispose  no  land  for  inheritance  without  the  Cause  

Towne  prouided  allso  that  they  let  no  land  but  for  there  pres- 
ent yeare."     Copy  made  by  WiUiam  Tenny.* 

John  Johnson  and  James  Dickon  testified  that  at  a  town 
meeting  held  Jan.  20  last,  Daniell  Wickam  caused  a  vote  to 
pass  whether  it  should  be  voted  or  not  that  Mr.  Jerimiah 
Shephard  should  have  a  monthly  lecture,  and  it  was  voted 
in  the  negative.  Wicam  was  asked  by  John  Pickard  to 
count  the  number  and  declare  the  vote  and  he  said,  "no  I 
will  do  no  more."  Then  the  town  chose  a  schoolmaster  and 
afterward  Wicom  returned  to  the  previous  matter  and  said 
he  was  resolved  to  know  the  town's  mind.  Their  teacher 
and  the  moderator  opposed  him  and  said  they  looked  upon 
such  a  vote  as  very  irregular  and  wished  him  to  forbear,  but 
Wicom  being  encouraged  by  Richard  Holms  and  Samuell 
Plats,  he  put  it  to  vote,  Mr,  Nelson  saying,  "Yea  do,  let  it 
cost  what  it  will."  The  vote  was  "that  all  that  are  for  M'' 
Shephard  preaching  a  monthly  lecture  stay  in  the  house  and 
all  that  are  against  it  go  out  of  doors,"  and  the  moderator, 
teacher  and  others  said  the  vote  was  irregular  and  they  would 
take  no  notice  of  it.     Sworn  in  court. 

William  Tenny,*  keeper  of  the  town  book,  affirmed  that 
on  the  same  day  that  the  two  selectmen  were  chosen,  on  Mar. 
16,    1676-7,   the  town  granted  land   to   Thomas   Alley   upon 

*Autograph. 


1677]  RECORDS    AND    FILES  271 

condition  and  confirmed  land  to  Jonathan  Hopkinson.  Also 
Mr.  Philip  Nelson,  Ezekiell  Northen,  Richard  Swan,  and 
Ezekiell  Mickell  were  chosen  to  join  with  the  selectmen  to 
agree  with  the  sons  of  John  Spenforth  about  the  farm  that 
John  Spenforth,  sr.,  took  of  the  town,  and  what  they  did  was 
to  be  accounted  a  valid  act.  The  men  appointed  to  lease 
the  farm  made  a  covenant  for  three  score  years  with  the  sons 
of  said  Spenforth  as  appears  in  the  town  book  and  Samuell 
Plats,  Richard  Holmes  and  Daniell  Wickam  were  there  and 
signed  it. 

Judgment  in  this  action. 

Samuell  Platts,  sr.,*  Richard  Holms*  and  Daniell  Wi- 
come,*  selectmen,  petitioned  the  court,  Mar.  30,  1677:  "Know- 
inge  that  the  Law  doth  prouide  that  no  mans  life  shall  be 
taken  away,  no  mans  honor,  or  good  name  shall  be  stained  un- 
der colour  of  law  or  countinance  of  Authority,  unles  it  be  by 
vertue  of  some  expres  lawe  warrantinge  the  same,  established 
by  a  Generall  Court,  and  sufficiently  published,  and  knowinge 
our  selues  to  be  excedingly  ronged,  and  hopinge  that  this 
honored  Court  will  see  iust  cause  to  doe  that  iustise  in  our 
Cause,  as  the  Laws  of  God  and  man  requireth  ....  and  we 
hopinge  that  these  complaints  beinge  heard,  with  any  other 
Complaint,  or  Complaints,  beinge  legally  put  up  by  us,  or 
against  any  of  us,  and  testimonyes  of  both  parties  beinge 
heard  that  soe  all  our  differeances  betweene  Church  and  Tow^ne 
beinge  heard,  about  the  maintenance  of  m""  Phillips,  our  trou- 
bells  about  m''  Philips  his  charginge  The  Towne  with  cheat- 
inge  of  him  in  the  payinge  of  his  rate,  and  charged  euery 
man  of  the  Towne  of  Rowley  with  the  same  cheate,  we  think- 
inge  our  selues  cleare  of  any  such  t hinge  as  we  are  charged 
with,  we  of  Rowley  haue  bene  counted  a  diligent,  and  honest 
people,  and  we  hope  that  it  will  appeare  in  time  that  we  are 
so  still." 

Maximilian  Jewit,*  John  Johnson,*  Thomas  Leaver,  sr.,* 
John  Trumble*  and  William  Tenny,*  in  the  name  of  the  rest, 
affirmed  "That  which  moved  us  to  add  two  to  the  other  se- 
lectmen was  m""  sheppards  demaund  of  50"  p  Anno  which 
thing  we  look*  upon  very  unjust,  yet  the  major  part  of  the 
Selectmen  then  chosen  exprest  themselues  for  him  and  against 
the  body  of  freemen  &  many  members  of  the  Towne  in  that 
business:  wherfore  wee  thought  it  not  safe  to  venture  a  sute 
at  Law  which  wee  expected  process  for  euery  day:  unless 
the  major  part  of  the  selectmen  were  willing  to  stand  in  our 
defence,  one  of  the  selectmen  had  said  he  would  be  his 
Atorney  and  doubted  not  but  he  would  recover  it  for  him: 
and  wee  haveing  don  for  m*"  sheppard  as  we  thought  more 

*Autograph. 


272  IPSWICH    QUARTERLY    COURT  [Apr. 

then  duty  bound  us  too  in  paying  his  last  payment  were 
and  are  determined  If  hee  gett  it  he  shall  win  it  by  law," 
etc. 

Jeremiah  Elsworth  deposed  that  as  constable  he  warned  for 
the  town  meeting  where  the  business  was  choosing  jurymen 
and  nomination  of  magistrates,  etc.     Sworn  in  court. 

Ezekiell  Northen,  Ezekiell  Mighell,  Simon  Chapman  and 
John  Dresser  deposed  that  they  heard  Mr.  Phillips  at  a  pub- 
lic town  meeting  charge  the  town  with  trying  to  cheat  him 
by  raising  the  price  of  corn,  etc.     Sworn  in  court. 

Jeremiah  Elsworth  and  John  Acie  deposed  that  the  meet- 
ing when  John  Pearson,  jr.,  and  John  Baly  were  added  to  the 
selectmen  was  warned  for  nomination  of  magistrates  and 
choosing  of  jurymen.     Sworn  in  court. 

Ezekell  Northend,  Samuell  Mighell  and  Andrew  Hiden 
testified  that  there  had  been  but  five  selectmen  chosen  for 
twenty-six  years  in  Rowley,  and  the  election  was  in  January. 
Also  that  they  had  their  power  given  to  them  within  a  fort- 
night after  they  were  chosen.     Sworn  in  court. 

John  Dresser  deposed  that  John  Pickard,  sr.,  said  to  Daniell 
Wicom  in  town  meeting  that  he  if  had  done  what  Wicom 
did,  it  would  have  cost  him  five  pounds.  John  Acie  affirmed 
the  same.     Sworn  in  court. 

Henry  Rila,  John  Dresser  and  John  Acie  deposed  that 
Jeremiah  Elsworth  was  desired  by  the  selectmen  of  Rowle}'', 
Thomas  Tenny,  Will.  Tenny,  John  Harris  and  John  Trumble, 
etc.     Sworn  in  court. 

Henry  Ryla,  Samuell  Mighell  and  Simon  Chapman  deposed 
that  Daniell  Wickam  declared  to  the  town  before  he  put  it 
to  vote  concerning  Mr.  Shepard's  preaching  a  monthly  lec- 
ture that  he  did  not  go  about  to  take  church  work  upon  him 
but  that  he  was  resolved  to  clear  the  town  of  what  John  Pick- 
ard, sr.  and  John  Pearson,  sr.,  had  said,  which  was  that  it 
was  the  town  and  not  the  church  that  turned  Mr.  Shepard 
away,  etc.     Sworn  in  court. 

Abraham  Jewet  and  John  Acie  deposed.     Sworn  in  court. 

Thomas  Leaver,  sr.,  and  John  Trumble  deposed  that  at  the 
town  meeting,  one  of  them  making  a  motion  to  the  town  to  go 
to  dinner,  etc.     Sworn  in  court. 

Mr.  Jonathan  Plats'  rate  to  the  ministry  in  1667,  13s.  4d. 
which  was  paid  in  Indian  corn,  2  bushells  and  a  half,  7s.  6d., 
the  rest  unpaid,  5s.  lOd.;  in  1674,  Hi.  2s.  9d.,  unpaid,  2s.  9d.; 
in  1675,  Hi.  2s.  6d.,  unpaid,  2s.  6d.;  in  1676,  17s.,  unpaid, 
4s.  2d.;  in  1665,  lis.,  unpaid,  3s.  Copy  made  b}^  William 
Tenny,*  keeper  of  the  ministry  book.     Sworn  in  court. 

*Autograph. 


1677]  RECORDS    AND    FILES  273 

Mr,  Phillip  Nellson  v.  Mr.  Samuell  Phillips.  For  charging 
him  with  breach  of  the  fifth  commandment  and  for  being  a 
principal  cause  of  those  unhappy  divisions.  Court  judged 
that  notwithstanding  Mr.  Phillips  had  used  too  high  expres- 
sions yet  in  the  main  Mr.  Nellson  had  transgressed  the  rule 
and  he  was  ordered  to  give  Mr.  Phillips  satisfaction.* 

*Philip  Nellson'sf  complaint,  dated  Apr.  24,  1677,  to  the 
Ipswich  court:    "Philip  Nellson  sendeth  greeting,  and  wisheth 

happy  and   prosperous   succes  in   your   present  sessions 

presumed  to  trespas  so  much  upon  j^our  patience,  as  to  craue  a 

candid nge  of  this  my  constrained  complaint,  aduenturinge 

to  make  my  adress  to  your  Honors  here  in,  which  if  you  shall 
so  farr  entertaine,  as  to  vout-safe  an  hearinge  of,  I  hope  my 
innocencie  will  challenge  a  uindication  and  I  shall  not  thinke 
my  aims  wholy  lost,  perhaps  I  may  seeme  to  some  to  pass  the 
bounds  of  christian  modesty  in  presentinge  this  my  complaint 
against  an  elder  of  a  Church,  and  one  that  I  stand  related 
unto  by  church  couenant  but  such  is  your  wisdome,  that  you 
can,  and  your  honorable  affection  to  peace  and  iustise,  that 
I  doubt  not  but  you  will  heare  with  patience  this  my  com- 
plaint especially  if  j'ou  consider  how  I  am  enforced  to  it  by 
daily  threats  to  be  dealt  with  as  an  offender  at  home,  where- 
by I  may  at  last  come  to  be  depriued  of  the  communion  of 
Gods  saints,  and  the  sweete  and  comfortable  enioj^ment  of 
God  in  all  his  holy  ordinances,  and  I  seinge  no  other  com- 
modious way,  for  the  present  to  put  a  barr  to  m""  Philips  his 
resolutions  to  deale  with  me  as  an  offender,  and  to  uindicate 
my  blasted  reputation  I  doe  therfore  addres  my  case  to  your 
Honours,  as  patrons  of  peace,  and  fauourers  of  iustice,  and 
doe  present  you  with  these  accusations,  charged  on  me  by 

m""  Philips,  whereb}^  you  may  be  some sensible  of  my  suf- 

feringe  condition 

"I  am  charged  with  the  breach  of  the  fift  commandement 
disobedience  to  superiors,  whome  I  desire  to  ascribe  all  dewe 
honor  unto.  I  am  likewise  charged  by  m''  Philips  with  the 
breach  of  the  eight  commandement  robbinge  stealinge  &c. 
I  am  charged  with  the  breach  of  the  ninth  commandement, 
bearinge  false  witnes.  I  am  charged  to  be  the  principal! 
cause  of  those  unhappie  diuisions  —  among  us,  I  am  like- 
wise charged  with  the  rest  of  my  freinds  and  —  rid  sin  of 
cheatinge,  seuerall  other  greiuences  I  might  —  but  —  of  m"" 
Philips  his  reputation,  I  thought  meete  onely  to  —  at  those 
scandals  that  render  me  uncomfortable,  in  the  discharginge 
of  the  —  office,   that  God  and  the  Contrey  haue   placed  me 

fAutograph. 


274  IPSWICH    QUARTERLY    COURT  [Apr. 

in  Solomon  in  his  diuine  —  tances  tells  us  that  a  good  name 
is  to  be  desired  aboue  great  riches,  and  those  that  were  gided 
onely  by  the  dime  light  of  Nature,  could  tell  us  that  it  is  as 
great  a  praise  to  keepe,  as  to  get  a  good  name.  Non  minor  est 
uirtus  quam  quaerere  parta  taeri.  If  it  be  a  sin  to  discredit 
another  man,  then  much  more  is  it  a  sin  to  discredit  our 
selues,  by  not  uindicatinge  our  good  name,  so  farre  as  we 
can  with  a  good  conscience.  If  we  be  charged  to  further  the 
good  name  of  our  neighbour,  then  are  we  strictly  commanded 
to  helpe  forward  our  owne,  so  farr  as  we  be  able,  the  world  might 
thinke  that  I  did  cast  of  the  care  of  my  owne  creddit,  if  I 
should  suffer  such  reproches  to  be  laide  on  me,  and  neuer 
labour  to  take  them  of,  I  doe  therfore  humbly  present  my 
shattered  condition  to  your  honorable  protection,  esteeminge 
you  no  other  then  fathers  in  our  Commonwealth,  not  doubtinge 
but  that  iustiss  will  take  place  without  respect  of  persons." 

Philip  Nellson's  answer  to  accusations:    "I  for  my  part  can- 
not but  be  deeply  sensible  of  the  great  displeasure  of  the  most 
holy  God,  in  those  unhappie  diuisions  that  are  amongst  us 
(especially  in  this  day  of  our  Jacobs  Troubell)  when  our  Cun- 
try  is  turned  as  it  were  into  a  feild  of  bloud,  for  those  many 
prouocations,  that  haue  bene,  and  are  found  among  us,  and 
I  pray  god  that  we  in  this  place,  by  our  unbrotherly  contests, 
haue  had  no  small  hand  in  the  procuring  Causes,  of  these  our 
desolations,    and    wherin    my    selfe   haue  been  any  way  in- 
strumentall  to  procure  the  same,  I  desire  to  be  deeply  humble, 
and  in  the  first  place  to  bewaile  the  plage  of  my  owne  hart, 
and  as  to  the  particulars  which  our  Reuerend  Teacher  doth 
lay  to  my  charge,  as  matter  of  scandall,  I  hope  I  may  with  all 
good  Conscience  pleade  my  Innocensy.     And  Could  hartily 
desire    satisfaction    in    one    particular,    namely    whether    a 
Church  lienge  under  gros  scandall,  can  conscienciusly  deale 
with  any  one  member,  before  they  haue  giuen  satisfaction  for 
there  one  offence,  for  if  I  mistake  not  this  uerry  Church  as 
well  as  Towne,  haue  bene  charged  with  that  abominable  sin 
of  cheatinge,  and  that  by  the  Reuerend  m'^  Phillips  himselfe 
our  cheife  officer,  who  hath  affirmed,  and  stands  to  uindicate 
the  same  that  they  haue  cheated  him,  now  to  haue  my  case 
heard  and  iudged  by  a  church  which  are  charged  with  such 
a  scandalous  sin,  I  something  scrupell  it  for  I  haue  not  knowne 
the  like  president  in  the  Cuntry,  that  any  church  Guilty  of 
so  great  a  crime,  haue  called  before  them  offenders  to  answer 
for   lesser    crimes,    yet   notwithstanding   acknowledging   it    a 
christian   duty,   when   called   to   it   especially    (by   a   Church 
officer)  to  vindicate  my  innocensy  wherein  I  am  ronged,  and 
to  acknowledg  my  faults  wherin  I  haue  offended,  I  doe  ther- 
fore giue  in  these  answers  to  my  accusations 


1677]  RECORDS    AND    FILES  275 

"To  the  first  particular,  wherin  our  reuerend  Teacher  doth 
charge  me  with  the  breach  of  the  fift  commandement,  I  an- 
swer that  he  himselfe  hauinge  soe  lately  and  largly,  com- 
mented upon  the  same,  no  doubt  may  be  better  acquainted 
with  the  duty  thereof  than  my  selfe  (yet  in  submission  to  his 
better  iudgment)  I  answer  in  reference  to  what  he  hath  charged 
me  with,  as  a  breach  of  the  saide  commandement,  namely 
not  comminge  to  that  Church  meetinge,  when  his  ninety 
pounds  was  uoated,  I  am  no  trangressor,  for  the  onely  cause 
why  I  absented  my  selfe  was  because  I  was  informed  that  the 
Church  was  assembled  to  agree  what  stipend  to  giue  him,  a 
busines  that  did  not  belonge  to  them  alone  to  determine,  the 
Ciuill  law  determininge  the  power  of  such  things  to  belonge 
to  the  inhabitants  of  the  Towne,  and  I  perceiuinge  that  this 
would  make  a  difference  betwene  Towne  and  church,  I  thought 
it  were  best  to  absent  my  selfe,  and  as  I  conceiue  if  euery  man 
had  soe  done,  we  had  been  at  this  present  more  in  peace,  both  in 
the  Church  and  Towne. 

"Secondly  whereas  he  doth  charge  me  for  actinge  contrary 
to  what  the  Counsell  had  agreed  upon,  and  that  I  haue  acted 
in  calling  m""  Shephard  my  answer  is  that  I  haue  acted  no  other 
wayes  than  the  rest  of  my  Brethren  four  or  fine  onelj^  dis- 
senting as  may  appeare  by  the  uoat.  I  doe  not  conceiue 
that  I  laid  my  selfe  under  any  obligation,  not  to  manifest  my 
willingnes  for  m''  Shephard  preaching,  bj'  uoating  for  it,  the 
act  of  the  Counsill  no  way  obliginge  me  to  the  Contrary. 
Thirdly  whereas  the  Reuerend  m''  Phillips  accuseth  me  of 
Ralinge,  I  answer  he  charged  me  in  no  particular,  but  onely 
in  Generall,  and  therefore  in  generall  I  answer  I  doe  not 
know  what  I  haue  to  answer." 

James  Baily,  sr.,  aged  about  sixty-five  years,  deposed  that 
the  moderator.  Deacon  Jewett,  etc.  John  Johnson  also 
testified.     Sworn  in  court. 

Sammuell  Plats,  Sammuell  Mighill  and  Richard  Holms 
deposed.     Sworn  in  court. 

Richard  Holms  deposed.     Sworn  in  court. 

Saummell  Plats,  sr.,  and  Richard  Holms  deposed  that  at  a 
church  meeting  held  very  lately,  they  heard  Mr.  Phillips 
charge  Phillip  Nellson  with  being  the  principal  cause  of  all 
the  troubles  in  town,  as  he  was  a  leading  man.  Owned  by 
Mr.  Phillips  in  court. 

MaximiKon  Jewit,*  Richard  Swan*  and  William  Tenny,* 
in  the  name  of  the  rest,  affirmed  "that  the  things  wheirin  m"" 
Philip  nelson  were  offenciue  to  the  church  and  spoken  to  about 
by  m""  Philips  in  their  name  were  seuerall  passionate  cariages 
tending  to  makeing  strife  and  diuision  in  towne  and  church 

*Autograph. 


276  IPSWICH    QUARTERLY    COURT  [Apr. 

Moses  Hagett,  presented  for  taking  Joseph  Goodhue's 
mare,  was  admonished,  and  for  telling  a  lie  was  fined.* 

in  saying  the  church  medled  with  that  they  had  nothing 
to  do  with  when  they  spake  together  about  m''  Philipes  his 
stipend  and  that  the  church  had  nothing  to  do  to  haue  any 
such  meting  and  that  he  would  come  at  none  such  and  at 
another  publick  meting  he  said  he  would  advise  the  towne 
not  to  pay  aboue  their  share  of  sixty  pound  to  m''  Philips  for 
his  part  he  would  pay  no  more  and  he  would  bear  any  man 
h armies  in  so  doing  for  groat^  a  peice  and  spoke  to  the  same 
purpose  concerning  the  ten  war  rates  laid  by  the  selectmen 
last  yeare  and  that  which  was  more  offenciue  was  the  maner 
of  his  expression  which  was  with  great  heat  of  passion  ob- 
stinacy and  continued  Justification  and  further  saith  in  the  be- 
halfe  of  our  teacher  on  whose  back  we  conceiue  ourselues  beaten 
in  m''  nelsons  complaint  about  a  year  and  halfe  ago  bj^  the  help 
of  Reuerend  elders  it  hath  pleased  god  that  we  obtained  a 
comfortable  peace  and  accord  in  church  and  towne  till  this 
winter  leift  philip  nelson  with  about  fiue  more  of  the  church 
together  with  some  of  the  towne  that  do  usually  apear  in  any 
oposition  to  the  church  and  further  we  conceiue  that  their 
is  no  proceding  yet  against  m'  nelson  but  such  as  agrees  with 
the  order  of  the  gospell  as  in  synod  booke  and  the  lawes  of 
the  country  titled  eclesiasticall  so  as  that  he  is  in  no  necesity 
to  our  understanding  to  make  aplication  to  ciuill  authority 
with  Relation  to  any  act  that  as  yet  hath  passed  against  him, 
but  it  semes  Strang  to  us  that  when  his  brethren  haue  desired 
some  ease  to  their  harts  in  such  things  which  they  aprehend 
Iregular  that  in  stead  of  a  christian  answer  which  hath  bene 
long  waited  for  he  should  make  an  acusation  of  it  to  this 
honoured  court  but  we  leaue  it  to  your  honours  wisedome." 

*Joseph  Goodhue,  aged  about  thirty-eight  years,  testified 
that  he  being  in  Andevar  some  time  in  February,  Roger 
Markes  delivered  to  him  a  young  dun  mare,  etc.    Sworn  in  court. 

John  Dane,  aged  about  thirty-two  years,  testified  that 
Moses  Hagget  told  him  that  the  mare  he  had  taken  up  as  a 
stray  was  owned  by  Daniell  Kelham,  who  had  sold  her  to 
him  for  15s.  in  oats.  Later  being  at  said  Kelham's  house, 
the  latter  told  deponent  that  he  had  sold  the  mare  condi- 
tionally if  she  were  not  owned  within  a  year  and  a  day.  Joseph 
Kelham,  son  of  said  Daniell,  told  him,  etc.  Samuell  Appleton 
mentioned. 

Mathew  Perry  deposed  concerning  the  mare.  SAvorn,  Apr. 
19,  1677,  before  Daniel  Dension.f 

tAutograph. 


1677]  RECORDS    AND    FILES  277 

Christopher  Bowles,  presented  for  taking  a  sheep,  was 
admonished,  and  for  telling  a  lie  was  fined. 

Mrs.  Smith,  presented  by  Mr.  Wm.  Cogswell  upon  sus- 
picion of  taking  a  false  oath,  was  discharged. 

Wm.  Story  and  Renold  Foster,  presented  by  Mr.  Wm. 
Cogswell  for  suspicion  of  taking  a  false  oath,  were  discharged.* 

Elizabeth  Jago  complained  against  the  wife  of  Hugh  Marsh 

Samuel  Lummus  testified,  on  Mar.  26,  1677,  that  he  saw 
the  mare  delivered  to  Joseph  Goodhue  by  Hagget,  etc.  Sworn 
in  court. 

John  Dane,  jr.,  testified.     Sworn  in  court. 

Joseph  Goodhew  testified  concerning  Roger  Marks  of 
Andover  buying  the  mare.     Sworn  in  court. 

Thomas  Killam,  aged  about  twenty-three  years,  John 
Killam,  aged  about  twenty-two  years  and  Joseph  Killam, 
aged  about  sixteen  years,  deposed  that  Moses  Hagget  came 
to  their  father's  house  and  said  he  had  so  many  stray  horses 
that  he  knew  not  what  to  do  with  them,  etc.     Sworn  in  court. 

John  Gilbird,  aged  about  twenty  years,  and  John  Killam, 
aged  about  twenty-two  years,  and  Joseph  Killum,  aged  about 
sixteen  years,  testified.     Sworn  in  court. 

Sarah  Goodhew,  aged  about  thirty-seven  years,  testified 
that  the  mare  that  her  husband  sent  from  Andover  by  Mathew 
Percy,  etc. 

John  Deane,  jr.,  deposed. 

Richard  Hubberd  testified. 

Elizabeth  Gutterson,  aged  about  eighteen  years,  testified 
that  being  at  Moses  Hagget's,  etc.  Sworn,  Mar.  17,  1676, 
before  Daniel  Denison.f 

Edmund  Heard  deposed  that  he  heard  John  Killam,  son 
of  Daniel  Killam  of  Ipswich,  say,  etc. 

*William  Cogswell,  aged  about  fifty-six  years,  testified 
that  Goodman  Story,  sr.,  and  Reniald  Foster,  jr.,  came  to 
his  house  a  little  before  Ipswich  court  in  March,  1675  and 
he  heard  them  say  that  they  had  been  on  the  south  side  of 
Chebacco  river  with  John  Cogswell  to  measure  trees  for  him. 
Foster  said  they  had  measured  three  score  and  ten  pines  and 
thirteen  white  oaks,  and  that  James  Coalman  could  show 
deponent  where  they  were  because  he  was  with  them  all  day. 
So  deponent  went  over  the  water  to  said  Coalman  to  see 
what  they  had  done  on  that  side  of  the  river,  his  son  Edward 
being  with  him,  and  Coalman  told  them  what  part  of  the  farm 
had  been  measured,  etc.     Sworn  in  court. 

t  Autograph. 


278  IPSWICH    QUARTERLY    COURT  [Apr. 

for  saying  that  she  was  whipped  on  shipboard  for  baudish 
carriages,  feruled  for  thieving  and  coped  for  lying,  and  that 
she  had  two  children,  a  boy  and  a  girl.  Withdrawn,  upon  a 
public  confession  of  the  wrong  done  her. 

Mr.  Daniell  Epps,  attorney  to  Mrs.  Newman,  relict  and 
administratrix  of  the  estate  of  Mr.  Antipas  Newman,  late  of 
Wenham,  desiring  liberty  to  make  sale  of  some  land  for  the 
payment  of  debts,  court  granted  liberty  to  sell  that  land  on 
Royall  side  in  Salem. 

Isaack  Ringe  chose  his  brother  Daniell  Ringe  to  be  his 
guardian,  and  the  court  allowed  it. 

Mr.  Henry  Sewall,  being  freed  from  ordinary  training  and 
having  provided  arms  according  to  order  of  the  militia,  was 
freed  from  being  pressed  out  on  service  abroad,  but  only  for 
defence  of  the  town  in  case  of  any  assault. 

Whereas  the  fine  of  Shoreborne  Willson's  wife  set  by  the 
court  in  Sept.,  1675,  was  respitted,  court  now  ordered  that 
the  fine  be  taken. 

Ordered  that  Thomas  Knowlton  and  John  Kindrick  be 
allowed  witness  fees. 

Court  declared  that  its  meaning  in  the  two  years'  service 
of  Mary  Cabbutt  with  Samuell  Hunt  was  to  be  to  the  said 
Hunt  and  his  assigns. 

Laurance  Clenton,  being  the  reputed  father  of  the  child 
of  Mary  Greely,  was  ordered  to  pay  20d.  per  week  in  corn 
toward  the  keeping  of  the  child  every  week  or  at  least  by  the 
month. 

Mr.  Giffard,  coming  into  court  and  asking  execution  to  be 
granted,  notwithstanding  what  was  alleged  by  Richard  Lee 
and  Abraham  Martin,  court  ordered  that  it  be  granted  and  if 
they  can  prove  that  they  have  paid  before,  they  might  sue 
him. 

Given  to  the  house,  6s.  8d. 

Nicolas  Richardson,  being  slain  in  the  war,  dying  intestate, 
administration  upon  his  estate  was  granted  to  Robert  Kins- 
man who  was  ordered  to  bring  in  an  inventory  to  the  next 
IpsAvich  court, 

Christopher  Cowes  dying  intestate,  administration  upon 
his  estate  was  granted  on  Aug.  11,  1677,  to  Gyles  Cowes,  his 


1677]  RECORDS   AND    FILES  279 

brother,  who  was  ordered  to  bring  in  an  inventory  to  the  next 
Ipswich  court. 

Court  held  at  Salem,  26  :  4  :  1677. 

Judges:  Samll.  Symonds,  Esq.,  Dep.  Gov.,  Maj.  Genii. 
Daniell  Denison  and  Major  William  Hathorne. 

Jury  of  trials:  Mr.  Ralph  King,  Nathaniell  Putnam,  Israeli 
Porter,  John  Trask,  Steeven  Haskett,  Thomas  Patch,  Robert 
Bartlett,  John  Fitch,  Hen.  Silsby,  John  Burrell, Thomas  Browne 
and  Leift.  Wm.  Dixy. 

Andrew  Tucker  v.  Philip  Roundy.  Forfeiture  of  an  obliga- 
tion.    Verdict  for  plaintiff.* 

Inventory  of  the  estate  of  Thomas  Skillin,  who  deceased 
Dec.  30,  1676,  at  Salem,  appraised  by  Francis  Nealef  and 
Hen.  Williams,!  and  allowed,  Mar.  14,  1676-7,  upon  oath  of 
Mary,  his  wife,  by  the '  Worshipfull  Samll.  Symonds,  Dep. 
Gov.,  and  Edward  Tinge,  who  appointed  her  administratrix: 
4  old  Blanketts  on  Bed  &  Boulster  &  a  pr  of  Curtaines  &  on 
sheet,  4n.  8s.;  6  smal  pewter  Dishes  &  3  pewter  plates,  13s.; 
1  pewter  botle  &  pewter  Cup,  2s.;  earthen  vessels,  3s.;  2 
smootheing  Irons,  3s.;  1  Iron  pot  &  an  Iron  skillet  &  p  of  an 
Irons,  Hi.  10s.;  wearing  Cloaths  &  2  p  stockins  &  shoes,  and 
a  hat,  3  skives  &  a  smale  box,  2H.  4s.;  1  spit,  1  old  sword, 
1  p  of  Tongues  &  a  Lampe,  12s.;  4  old  Cheares  &  wooden 
ware,  5s.;  1  gread  Iron,  1  dung  forke  &  a  p  snow  shose,  5s.; 
4  Iron  weidges,  2  Rings,  2  Iron  Tramers,  14s.;  old  Iron  &  6 
old  bags,  1  bushell  of  Indyan,  Hi.;  61i.  of  sheeps  woole  & 
15"  &  1^  of  yearne,  Hi.  16s.;  1  frying  pan  &  Lataine  ware, 
5s.;  1  old  flocke  bed  &  old  Nailes  &  2  old  bibles,  Hi.;  beefe, 
porke,  fish,  1  Cannow,  1  brase  spun  &  2  pecks,  2  old  wheles, 
1  barrell  &  a  shoot  bag  &  horn,  21i.  3s.;  total,  171i.  3s.  Goods 
Leift  in  Boston,  2  gunns,  2  Indyan  swords,  1  frying  pan,  old 
Lins,  1  smal  Iron  pot,  2  or  31i.  feathers  &  about  601i.  of  shote; 
321i.  of  Lead,  1  grindstone,  1  bar.  &  1-2  of  Lead.  In  Pis- 
catequa,  1-2  a  barrell  of  melases,  2  hogshead  of  salte,  one 
beare  skin. 

*Writ,  dated  11  :  4  :  1677,  signed  by  Hilliard  Veren,t  for 
the  court,  and  served  by  Henery  Skerry, f  marshal  of  Salem, 
by  attachment  of  a  table  and  some  chairs  and  left  a  summons 
with  his  Mdfe. 

Andrew  Tucker's  bill  of  cost,  17s.  6d. 

t  Autograph. 


280  SALEM    QUARTERLY    COURT  [June 

Tho.  Woodberj''  v.  Richard  Stackhouse.  For  taking  away 
or  causing  to  be  taken  away  part  of  a  main  course.  Verdict 
for  defendant.* 

Bond,  dated  Nov.  28,  1676,  given  by  Philip  Roundyf  to 
Andrew  Tucker,  for  31i.  3s.  Wit:  Richd.  Oliverf  and  Thomas 
(his  mark)  Gagge. 

Thomas  Gage  and  Richard  Ohvar,  as  witnesses,  made  oath  to 
the  signature.     Sworn  in  court. 

*Writ:  Thomas  Woodbery  v.  Richard  Stackhouse;  for 
taking  away  a  part  of  a  main  course  witli  the  bolt  rope  out 
of  his  warehouse;  dated,  7  :4  :  1677;  signed  by  Hilliard 
Veren,t  for  the  court;  and  served  by  Thomas  West,t  constable 
of  Beverly. 

Richard  Stackau's  bill  of  cost,  19s. 

Timo.  Lindall,  aged  about  thirty-five  j^ears,  deposed  that 
some  time  the  past  summer  coming  over  from  Beverly  in  the 
ferry  boat  Richard  Stackhous  told  deponent  of  a  differance 
that  there  was  very  likely  to  be  between  Tho.  Woodbery 
and  himself  about  a  sail  or  part  of  a  sail  that  Stackhous  sent 
for  from  said  Woodbery 's  house  which  proved  not  to  be  the 
right  piece  of  sail,  and  that  he  intended  to  return  it  but  his 
wife  persuaded  him  to  the  contrary,  also  showed  the  bolt  rope  or 
part  of  it  that  was  for  a  mooring  for  his  boat.     Sworn  in  court. 

Jno.  Richards,  aged  about  twenty-eight  years,  deposed 
concerning  the  sail,  etc.  Sworn,  25  :  4  :  1677,  before  Wm. 
Hathorne,t  assistant. 

Christopher  Smith,  aged  about  eighteen  years,  deposed 
that  in  1675,  he  helped  his  master  Benj.  Small  to  make  a 
mainsail  for  a  fishing  ketch  for  Thomas  Woodbury,  and  that 
the  said  mainsail  being  split  in  the  spring  following,  he  helped 
his  master  make  a  topsail  out  of  the  said  mainsail  in  the  sum- 
mer of  1676  which  he  had  been  informed  had  served  the  ketch 
ever  since  and  was  still  whole.  When  the  sail  was  split  it 
was  not  above  half  worn  and  had  no  holes  in  it  but  the  split 
was  caused  by  the  breaking  of  the  bolt  rope.  Deponent 
helped  his  master  to  put  the  remainder  of  the  sail  into  Tho. 
Woodbury's  warehouse,  the  cloth  hanging  to  the  boltrope. 
Sworn  in  court. 

John  Sampson,  aged  about  fifty  years,  deposed  that  Rodger 
Haskins  was  master  of  the  vessel,  who  told  him  that  the  old 
sail  was  sent  from  Bosston  to  his  father  Stakhous  and  he 
put  it  into  his  cabin.  Later  Woodbery  told  deponent  that 
Goodman  Stakhous  or  Rodger  had  sent  their  maid  and  taken 
it  out  of  the  warehouse.     Sworn  in  court. 

tAutograph. 


1677]  RECORDS    AND    FILES  281 

James  Gary  v.  Mr.  Humphry  Warren.     Verdict  for  defendant. 

Mr.  Humphry  Warren  v.  James  Gary.  Debt.  Verdict  for 
plaintiff. 

John  Legg  v.  John  Bowen.  For  shooting  plaintiff's  mare. 
Withdrawn.* 

Mr.  Henry  Sewall  v.  David  Wheeler.  Debt.  Verdict 
for  plaintiff,  t 

Mr.  Henry  Sewall  v.  John  Pearly.  Non-performance  of  a 
contract.     Withdrawn. 

Edmond  Bridges,  attorney  to  Mr.  Bartholmew  Gedney,  Mr. 
John  Ruck,  Mr.  John  Higgenson  and  George  Deane  v.  John 
Griffin.     Non-payment  of  301i.     Verdict  for  defendant. t 

Benj.  Small,  aged  about  thirty  years,  deposed  that  he  was 
employed  by  Thomas  Woodbury  to  make  a  sail  and  put  into 
her  sail  111  yards  of  new  sail  canvas,  and  into  the  foresail 
about  42  yards,  etc.  Before  the  sail  was  split,  it  was  worth 
9d.  per  yard,  etc.     Sworn  in  court. 

John  Richards  testified  that  there  was  a  parcel  of  sail  which 
was  a  good  handsome  burden  for  a  man,  etc.  Sworn,  19  : 
4  :  1677,  before  Wm.  Hathorne,§  assistant. 

William  Bradford  testified.  Sworn,  19  : 4  :  1677,  before 
Wm.  Hathorne,§  assistant. 

Hana  Travis,  aged  sixteen  years,  deposed  that  last  summer 
her  mother  sent  her  to  the  beach  for  sand  and  told  her  to  get 
the  sail  from  Thomas  Woodberie's.  The  latter's  wife  told 
her  to  go  to  the  warehouse  and  take  it  for  the  door  was  not 
locked,  and  that  she  would  know  it  because  it  was  the  whitest 
there.     Edeth  HouU  was  with  her.     Sworn  in  court. 

Edith  Hull,  aged  about  seventeen  years,  testified  that  the}^ 
took  the  sail  away  on  a  horse.     Sworn  in  court. 

*Writ,  dated  June  20,  1677,  signed  by  Moses  Mavericke,§ 
for  the  court,  and  served  by  John  Stasy,§  constable  of  Mar- 
blehead. 

fWrit,  dated  June  14,  1677,  signed  by  Anthony  Somerby,§ 
for  the  court,  and  served  by  Joseph  Pike,§  constable  of  New- 
bery.     Bond  of  David  Wheller.§ 

Mr.  Henry  Sewall's  bill  of  cost,  Hi.  14s.  8d. 

Bond,  dated  June  26,  1676,  given  by  David  Wheller§  of 
Nubery  to  Mr.  Henery  Seawell  of  Newbery,  for  51i.  in  barley 
or  wheat.  Wit:  Willm.  Longfellow§  and  Thomas  Thorla.§ 
Sworn  to  in  court. 

tWrit,   dated  Apr.    12,    1677,    signed  by  Tho.   Bradbury,§ 

§  Autograph. 


282  SALEM    QUARTERLY    COURT  [June 

John  Dalin  v.  Adam  Westgate.  For  not  delivering  eighty- 
bushels  of  corn.  Verdict  for  plaintiff,  if  defendant's  acknow- 
ledgment before  witnesses  stood  good  in  law,  if  not,  for  de- 
fendant.    Court  found  for  defendant.* 

Edmond  Bridges  v.  Mr.  Robert  Paine,  sr.  Verdict  for 
plaintiff,  in  bar  iron.f 

for  the  court,  and  served  by  Robert  Lord,  J  marshal  of  Ipswich, 
by  attachment  of  the  house  and  land  of  defendant. 

George  Deane'sJ  receipt,  dated  July  2,  1675,  to  John  Grifl&ng 
of  Bradford,  for  a  bill  due  to  himself  and  partner,  for  1,050 
pipestaves,  1,250  boards,  1,850  hogshead  staves  and  2,400 
barrel  staves,  all  at  121i.  17s.  09d. 

John  Griffing's  bill  of  cost,  8s. 

George  Deane'sJ  receipt,  dated  July  1,  1675,  to  Thomas 
Doue,  on  account  of  Steven  Webster  by  order  of  John  Griffin, 
for  1,600  white  oak  hogshead  staves  which  Griffin  had  of 
John  Adkison  of  Newbery. 

*Writ,  dated  17  :  3  :  1677,  signed  by  Hilliard  Veren,|  for 
the  court,  and  served  by  Henery  Skerry,  J  by  attachment  of 
a  very  good  square  table  and  a  very  good  kerchief  and  a  piece 
of  land  of  defendant's. 

Adam  Westcot's  bill  of  cost,  9s.  6d. 

Henery  Rich,  aged  about  twenty-two  years,  deposed  that 
being  at  the  southward  last  winter  with  Adam  Westgatt, 
Thomas  Robinson  put  aboard  Adam's  vessel  in  Fairefild,  a 
parcel  of  corn,  fortj^  bushels  of  which  he  was  to  deliver  to 
Mr.  Bater,  taking  out  the  freight,  and  the  remainder  he  was 
to  deliver  to  John  Dawland,  except  8  1-2  bushels  to  Henery 
Rich,  being  for  clothing  which  Robinson  bought  of  Rich. 
Sworn,  25  :  4  :  1677,  before  Wm.  Hathorne,J  assistant. 

John  Carter,  aged  about  twenty  years,  and  William  Garter, 
aged  about  fifty-five  years,  deposed  that  Thomas  Robsone 
said  to  tell  Dolling  that  if  he  lived  to  come  again  he  would  pay 
him.     Sworn,  25  :  4  :  1677,  before  Wm.  Hathorne,^  assistant. 

Zebalon  Hell  and  Thomas  Hasson  testified.  Sworn,  2  : 
1  :  1676-7,  before  Wm.  Hathorne,J  assistant. 

"M^  Westgitt  deliuer  to  Henry  Rich  eight  bus'"  &  a  half 
of  Corne  being  six  bus'^  &  a  half  for  Cap*  John  Corwine  &  two 
bus'""  &  a  half  upon  yo^  owne  account:  and  is  all  from  yo' 
Loueing  friend 

"31  January  :  167f  Thomas  Robinson. "| 

Henery  (his  mark)  Riche's  receipt  from  Adam  Westgatt. 

tWrit,  dated  20  :  4  :  1677,  signed  by  Thos.  Fiske,t  for  the 
court,  and  served  by  Robert  Lord,|  marshal  of  Ipswich. 

I  Autograph. 


1677]  RECORDS    AND    FILES  283 

John  Pudney  v.  Mr.  Samuell  Gardner,  sr.  Appeal  from  the 
judgment  of  Major  Wm.  Hathorne.  Verdict  for  plaintiff,  the 
reversion  of  the  former  judgment.* 


John  Bridges  testified  that  about  four  years  since  Nathanil 
Pyper,  who  was  master  of  Mr.  Robart  Payns'  bark,  came  up 
to  Topsfild  to  his  brother  Edmond  Bridges  and  bargained  for 
him  to  make  an  anchor  of  about  eight  score  weight,  which  he 
did,  and  hired  a  cart  and  carried  it  down  to  master  Paine. 
The  latter  said  he  would  see  that  said  Bridges  was  paid  in 
iron  for  it  at  his  own  shop.  Mr.  Payne  would  have  had  "my 
brother  exsepted  of  lenard  paymastar  but  my  brother  if  Len- 
ard  doth  payeth  me  the  Irone  I  will  takit  but  my  brother  del- 
leuared  the  ancors  to  M'^  paine  apone  his  ingagin  to  pay  him 
for  it  in  barr  Irone." 

Danil  Black  testified.     Sworn  in  court. 

Edward  Bridges'  bill  of  cost.  Hi.  17s.  8d. 

John  Gould  and  Sarah  Gould  testified  that  Piper  said  they 
could  not  go  to  sea  until  the  anchor  was  done.  Sworn,  15  : 
4  :  1677,  before  Wm.  Hathorne, f  assistant. 

Robert  Payne,  jr.,  aged  forty  years,  testified  that  about 
the  beginning  of  February,  1673,  Henry  Leonard  coming  to 
Ipswich  and  deponent's  father  seeing  him,  etc.  Sworn,  June 
25,  1677,  before  Daniel  Denison.f 

*Writ:  Mr.  Samuell  Gardner  v.  John  Pudney;  for  taking 
down  his  fence,  going  into  his  enclosed  land  and  there  digging 
a  grave  without  his  leave,  also  for  redigging  the  same  grave 
when  filled  by  the  plaintiff,  contrary  to  his  express  order 
and  there  forcibly  burying  their  dead;  dated  28  :  2  :  1677; 
signed  by  Hilliard  Veren,t  cleric,  and  served  by  Henery  Skerry,t 
marshal  of  Salem. 

John  Putney's  bill  of  cost.  Hi.  15s.  6d. 

Copy  of  the  town  records,  made  Apr.  28,  1677,  by  Jno. 
Price:t  ''The  15**^  of  y«  3'^  m°  :  1639:  Granted  to  Thom  Gardn' 
a  bank  of  vpland  neer  the  Strongwaf  brook  to  his  marsh 
paying  :  5^  p  Acree  —  as  Good""  Lord  hath  itt."  Sworn 
before  Wm.  Hathorne, f  assistant. 

Willm.  Traskt  and  Hugh  Jonesf  affirmed  that  they  viewed 
the  land  which  was  fenced  by  Mr.  Gardner  and  appraised  it 
at  41i.     Sworn  before  Wm.  Hathorne,t  assistant. 

Judgment  of  Wm.  Hathorne, f  in  an  action  of  Mr.  Saml. 
Gardiner  v.  Jno.  Pudney,  tried  before  him  30  :  2  :  1677,  with 
verdict  for  plaintiff.  Said  Pudney  appealed  to  the  next  Salem 
court  with  Isack  Cook  and  Jno.  Cook  as  sureties.  Copy 
made  by  Wm.  Hathorne,t  assistant. 

fAutograph. 


284  SALEM    QUARTERLY    COURT  [June 

Anthony  Buxton,  aged  about  seventy-six  years,  deposed 
that  about  the  latter  end  of  April  he  was  at  the  burial  of  Jno. 
Pudny's  child,  and  he  saw  the  fence  pulled  down  and  a  grave 
that  had  been  dug  filled  up.  In  the  meantime  Mr.  Saml. 
Gardiner  came  and  spoke  to  Jno.  Pudney,  asking  him  by  what 
order  he  came  to  bury  the  child,  and  said  that  he  would  not 
have  any  buried  there,  but  that  they  should  make  up  the 
fence  and  be  gone.  Deponent  further  said  that  that  hill 
was  always  called  Mr.  Gardiner's  hill  for  this  thirty  years. 
Copy  made  by  Wm.  Hathorne,*  assistant. 

John  Pudney 's*  reasons  of  appeal  from  a  judgment  of 
Major  Hathorne,  4:3:  1677,  in  the  action  between  himself 
and  Mr.  Samuel  Gardner.  Mentions  kinship  of  Major  Hath- 
orne and  said  Gardner.  Received,  4  :  19  :  1677,  by  Wm. 
Hathorne,*  assistant. 

Answer  to  John  Pudneyes  reasons  of  appeal,  dated  4:3: 
1677,  by  Samuell  Gardner.* 

Hugh  Jones  testified  that  he  had  seen  Mr.  Saml.  Gardiner, 
sr.,  fencing  or  putting  up  new  fence  about  the  hill  called  Mr. 
Gardner's  burying  place,  and  that  said  Gardiner  had  cut 
small  wood  and  trees  there  before  his  father  died.  Copy  made 
by  Wm.  Hathorne,*  assistant. 

Jno.  Pudney's  bill  of  cost,  lis.  6d.  Copy  made  by  Wm. 
Hathorne,*  assistant. 

Summons,  dated  30  :  2  :  1677,  signed  by  Wm.  Hathorne,* 
assistant. 

William  Trask  deposed  that  for  these  twenty-seven  or  twenty- 
eight  years  the  land  where  Jno.  Pudnej^  buried  his  child  had 
been  a  usual  burying  place  for  so  many  as  Avould  make  use  of 
it  for  that  purpose  and  he  never  heard  that  old  Mr.  Gardiner 
hindered  any  from  burying  their  dead  there,  but  he  said  at 
several  funerals,  "friends  &  neighbours  doe  nott  buerey  your 
dead  by  such  a  young  tree  for  I  Doe  desire  to  be  hurried  there 
my  selfe."  According  to  deponent's  knowledge,  said  Gar- 
diner was  buried  there  himself,  and  the  draw  bars  that  Pudney 
was  sued  for  taking  down  stood  on  the  town's  land  several  feet, 
Mr.  Gardiner  having  removed  them  several  feet  about  five  years 
since  into  the  town's  land.  He  further  testified  that  for 
twenty-eight  years  the  inhabitants  of  the  town,  as  long  as 
there  were  any  great  trees  upon  the  land,  cut  the  trees  and 
carried  away  the  timber  without  any  molestation,  and  all 
the  neighbors  looked  upon  it  as  common  land.  Copy  made 
by  Wm.  Hathorne,*  assistant. 

Jno.  Pease,  aged  about  forty-five  years,  deposed  that  at 
the  burial  of  the  child,  he  saw  the  corpse  carried  to  a  hill 
near  Joseph  Boyce's  house,   which  hill  was  formerly  known 

*  Autograph. 


1677]  RECORDS    AND    FILES  285 

Hen.  Dispaw,  sr.  and  Hen.  Dispaw,  jr.  v.  Thomas  Mattson, 
prison  keeper.  Appealed  to  the  next  Court  of  Assistants. 
Mattson  bound  with  Marshall  Michelson  and  Nathaniell 
Beadle  as  sureties.* 

Robt.  Crosse,  sr.  v.  Hugh  March.  Debt.  Nonsuited. 
Upon  payment  of  one-half  entry  more,  the  case  proceeded, 
with  verdict  for  plaintiff. f 

by  the  name  of  Mr.  Gardner's  burying  place,  now  in  posses- 
sion of  Saml.  Gardiner,  sr.  While  the  new  grave  was  begin- 
ning to  be  dug,  Saml.  Gardiner  came  on  horseback  and  ordered 
them  to  go  away,  etc.  Copy  made  by  Wm.  Hathorne,t  as- 
sistant. 

Saml.  Gardiner's  bill  of  cost,  16s.  2d.  Copy  made  by  Wm. 
Hathorne,!  assistant. 

*Writ:  Henery  Dispaw,  sr.  and  Henery  Dispaw,  jr.  v. 
Thomas  Mattson,  prison  keeper;  for  suffering  John  Giffards 
to  go  at  liberty  before  satisfaction  was  made  on  an  execution; 
dated  22:3:1677;  signed  by  Jo.  Wayte,t  for  the  court; 
and  served  bv  Returne  Waite,t  deputy  marshal  of  Suffolk. 
Bond  of  Thos.  Matson.| 

Henery  Dispaw's  bill  of  cost.  Hi.  15s.  6d. 

Copy  of  execution,  dated  Boston,  June  3,  1675,  against 
John  Wright,  Esq.,  Jno.  Giffard  and  Ezekiel  Fogg,  to  satisfy 
judgment  granted  John  Floyd,  attorney  to  Henry  Dispaw,  sr. 
and  Henry  Dispaw,  jr.,  on  Jan.  26,  1674,  at  the  Boston  court, 
signed  by  Isa.  Addington,^  cleric,  and  served  bj^  William 
Green  of  Maiden,  deputy  for  Rich.  Wayte,  marshal  of  Suffolk. 
Ezekiel  Fogg  and  Mr.  John  Giffard  were  committed  to  prison, 
the  latter's  wife  directing  the  deputy  to  Salem,  where  Giffard 
refused  to  pay  anything  towards  Dispaw's  first  year's  wages 
and  declared  that  he  had  no  estate.  Copy  made  by  Isa. 
Addington,J  cleric. 

Copy  of  execution,  dated  Boston,  Mar.  27,  1677,  against 
John  Giffard,  to  satisfy  judgment  granted  John  Floyd,  attor- 
ney to  Henry  Dispaw,  the  elder,  and  Henry  Dispaw,  the 
younger,  to  satisfy  judgment  granted,  July  27,  1675,  by  the 
county  court  at  Boston,  signed  by  Isa.  Addington,t  cleric, 
and  served  by  Clement  Coldum  of  Lynn,  deputy  for  Joseph 
Webb,  marshal  of  Suffolk.  Copy  made  by  Isa.  Addington,t 
cleric. 

fWrit,  dated  June  19,  1677,  signed  by  Robert  Lord,t  for 
the  court,  and  served  by  Robert  Lord,|  marshal  of  Ipswich, 
by  attachment  of  the  house  and  land  of  defendant. 

tAutograph. 


286  SALEM    QUARTERLY    COURT  [June 

Clement  Coldum  v.  John  Lee.     Verdict  for  plaintiff.* 

Robert  Crosse's  bill  of  cost  21i.  5s.  6d. 

Agreement,  dated  Mar.  27,  1677,  made  by  Robert  Crosse, 
sr.,t  of  Ipswich,  Hugh  Marchf  of  Nubary  and  Steeven  Crossf 
of  Ipswich,  to  stand  by  the  award  of  the  arbitrators,  Mr.  Jno. 
Knite  of  Nubary  and  Phillip  Fowler  of  Ipswich  in  the  two 
cases  between  Robert  Crosse  and  Hugh  Martch  and  Hugh 
Martch  and  Steven  Crosse.  Wit:  Samll.  Pearcef  and  Symon 
Tuttell.f  Sworn  by  Phillip  Fowler  and  Stephen  Cross,  June 
26,  1677,  before  Daniel  Denison.f 

Award  of  the  arbitrators,  John  Knight,  sr.,t  Phillip  Foulerf 
and  Caleb  Moody,t  dated  28  :  1  :  1677,  that  Hugh  March 
should  pay  to  Crosse  6,000  pine  boards  at  Exeter,  by  John 
Folsum  of  Exeter.  Sworn,  June  26,  1677,  before  Daniel  Den- 
ison.f 

Steeven  Cross  and  Thomas  Fasee  testified  that  they  went 
to  Exeter  on  Apr.  20  and  demanded  the  boards  of  John  Foul- 
som,  jr.,  by  order  of  Mr.  Heugh  March  of  Newberey  for  the 
use  of  Robert  Cross,  sr.  Sworn,  June  23,  1677,  before  Daniel 
Denison.f 

Steeven  Crose  and  Thomas  Fasey  testified  that  they  went 
the  second  time  to  Exeter,  etc.  Sworn,  June  25,  1677,  before 
Daniel  Denison.f 

Simon  Tuttell  and  Robt.  Crose,  jr.,  made  oath  to  being 
present  when  the  bond  was  signed,  June  19,  1677,  before  Daniel 
Denison.f 

*Writ:  Clement  Couldum  v.  John  Lee;  for  coming  into 
his  house  and  taking  away  a  trunk  of  glasses  worth  51i. ;  dated 
June  15,  1677;  signed  by  John  Fuller,f  for  the  court;  and 
served  by  Roburt  Lord,f  marshal  of  Ipswich,  by  attachment 
of  a  pair  of  oxen. 

Clement  Coldom's  bill  of  cost.  Hi.  17s.  lOd.      " 

Joseph  Armytage,  aged  about  sixty-nine  years,  deposed 
that  on  May  12,  1677,  he  was  desired  by  Mr.  John  Gifford 
to  go  to  the  old  Iron  works  at  Linn  to  appraise  some  goods 
which  John  Lee  of  Ipswich  was  to  attach  by  execution  on 
the  estate  of  Henry  Dispaw,  but  there  were  no  goods  to  be 
found,  Dispaw's  wife  saying  that  the  town  of  Linn  had  taken 
them.  Then  they  went  down  to  Linn  town  and  found  them 
at  the  house  of  Clem.  Coldom,  who  said  he  had  sold  some 
of  the  glasses  and  given  the  money  to  Henry  Dispaw,  and 
taking  the  key  of  the  trunk  out  of  his  pocket,  gave  it  to  John 
Lee  and  asked  deponent  and  Sergeant  Nath.  CucUen  to  take 
an  account  of  the  glasses.     They  found  twenty-eight,   which 

f  Autograph. 


1677]  RECORDS    AND    FILES  287 

John  Gifford  v.  Clement  Coldum.     Verdict  for  defendant.* 

they  valued  at  Is.  3d.  per  glass,  fifteen  small  glasses  valued 
at  6d.  per  glass  and  the  trunk  at  fifteen  shillings.  Sworn  in 
court. 

Sarah  Downing,  aged  about  eighteen  years,  deposed  that 
living  at  Goodman  Dispawes  house,  she  saw  the  trunk  with 
the  glasses  delivered  to  Clement  Coldom,  constable  of  Lin, 
for  oli.  in  money  or  corn.     Sworn  in  court. 

Sarah  Hart,  aged  about  twenty-three  years,  deposed  the 
same.     Sworn  in  court. 

*Writ:  John  Gifford  v.  Clement  Coldum;  for  violently 
breaking  into  his  house  and  forcibly  taking  away  his  goods; 
dated  June  19,  1677;  signed  by  John  Fuller,t  for  the  court; 
and  served  by  Benjemin  Redknap,t  constable  of  Lynn. 

Goods  taken  out  of  John  Gifford's  house  by  violence  by 
Goodman  Coledum:  Apr.  5,  1677,  a  new  greene  Rugg  valued 
at  12s.,  cost  Hi.  2s.;  a  coverled  new,  10s.,  cost  18s.;  new 
white  blankett,  5s.,  cost,  8s.  6d.;  flock  bed  &  bolster  &  pil- 
lowes.  Hi.,  cost,  31i.;  trunk  of  glasses,  72  in  number,  51i.,  cost 
llli.;  curtaines  &  vallens,  10s.;  pair  of  Andirons,  10s.,  worth 
15s.;  a  pestfeU  (femorter,  5s.,  cost  8s.;  total,  lOli.  12s.,  cost, 
19H.  3s.  May  10,  second  coming,  a  pair  of  Dogg  Irons,  Hi., 
sold  for  Hi.  4s.;  muskett,  18s.;  Iron  Kettle,  18s.,  sold  for  Hi. 
2s.;  manchester,  15s.  8d.;  Black  lace.  Gimp  &  silver  lace, 
21i.  2s.  3d.;  money.  Hi.  6s.  lOd.;  total,  171i.  12s.  9d.  Copy 
made  by  Hilliard  Veren,t  cleric. 

Clement  Coldom's  bill  of  cost,  15s.  lOd. 

Copy  of  execution,  dated  Boston,  Apr.  2,  1677,  against  the 
Iron  works  in  the  hands  of  John  Gifford,  or  Ezekiel  Fogg, 
their  agents,  to  satisfy  judgment  granted  to  Henry  Dispaw, 
executor  of  the  will  of  Henery  Dispaw,  sr.,  signed  by  Edw. 
Rawson,t  for  the  court,  and  served  by  Clement  Coldam,  deputy 
for  Edward  Michelson,  marshal  general.  Copy  made  b}^ 
Edw.  Rawson,t  secretary. 

John  Newall  and  Thomas  Browne,  of  sufficient  age,  de- 
posed that  they  were  asked  to  assist  in  serving  the  execution 
and  went  to  John  Giffords'  house,  and  it  being  open  they 
entered  and  demanded  the  goods  of  Mrs.  Giffard,  he  not  being 
at  home.  She  refused  and  the  constable  seized  some  brass, 
iron,  pewter  and  a  gun  which  she  took  away.  When  Gifford 
came  in  he  said  the  demand  was  unjust,  but  the  constable 
broke  open  the  door,  Mrs.  Gifford  standing  in  the  way  and 
stopping  him,  so  that  he  went  to  another  door  when  Mr. 
Gifford  took  him  by  the  collar  or  throat.     Notwithstanding 

fAutograph. 


288  SALEM    QUARTERLY    COURT  [June 

John  Lee,  the  marshal's  deputy  and  John  Gifford  v.  Mr. 
Samuell  Apleton,  jr.     Withdrawn.* 

Mr.  William  Bowditch  v.  Nathanll.  Sharp.  Debt.  With- 
drawn. 

Mr.  Wm.  Bowditch  v.  Jon.  Taply.     Debt.     Withdrawn. 

Martin  Hall  v.  Wm.  Bath  and  Elenor,  his  wife,  relict  of 
Ralph  Ellenwood,  deceased.     Verdict  for  defendant. 

Mr.  Wm.  Browne,  sr.  v.  Frances  Parnell.  Debt.  Verdict 
for  plaintiff,  t 

Mr.  Wm.  Browne,  sr.  v.  Frances  Collens.  Debt.  Verdict 
for  plaintiff.  J 

that  she  laid  hold  of  him  and  his  staff,  the  constable  got  up- 
stairs and  seized  some  goods.  Sworn,  Apr.  9,  1677,  before 
Thomas  Clarke,  §  commissioner. 

Climont  Coldom,  aged  upwards  of  fifty  years,  testified 
concerning  serving  the  execution.     Sworn  in  court. 

Hinery  Dispaw  testified.     Sworn  in  court. 

Christopher  Temple,  aged  about  twenty  years,  deposed 
that  Mrs.  Gifford  told  them  to  levy  on  the  land  and  heap  of 
coals  and  iron.     Sworn  in  court. 

John  Hawks  testified.     Sworn  in  court. 

*Writ:  John  Lee,  deputy  marshal,  and  Jno.  Giffard  v.  Mr. 
Samuell  Appleton,  jr.;  for  sending  away  Henery  Dispaw 
when  levied  upon  by  execution  and  ready  to  be  carried  away 
to  goal;  dated  May  14,  1677;  signed  by  John  Fuller, §  for 
the  court;  and  served  by  Clement  Colddam,§  constable  of  Len. 

Samyall  Apeltun's  bill  of  cost,  31i.  4s.  2d. 

fWrit,  dated  May  24,  1677,  signed  by  Hilliard  Veren,§  for 
the  court,  and  served  by  Henry  Skerry,  §  marshal  of  Salem,  by 
attachment  of  house  and  land  of  defendant. 

Mr.  Brown's  bills  of  cost,  9s.  and  Hi.  Is. 

Benja.  Browne,  aged  about  twenty-nine  years,  deposed 
that  he  read  Francis  Parnell's  account  with  his  father  to  him 
and  he  did  not  object  to  an  item.     Sworn  in  court. 

Henery  Skerry,  marshal,  aged  above  seventy  years,  deposed. 

Account  of  William  Browne, §  against  Francis  Parnell, 
taken  from  his  book:  reckoned  with  Francis  Parnell  on  Dec. 
19,  1671,  when  he  owed  him  921i.  2s.  2  l-2d.,  to  be  paid  in 
codfish.  Wit:  John  Appleton.  Ten  days  later  he  paid  40s. 
On  Apr.  8,  1672,  Francis  Collings  owed  him  121i.  19s.  7d.,  to 
be  paid  in  fish.     Wit:   Jno.  Appleton. 

:tWrit,  dated  May  30,   1677,  signed  by  HiUiard  Veren,§  for 

§Autograph. 


1677]  RECORDS    AND    FILES  289 

William  Seargent  was  sworn  constable  for  Gloster. 

John  Ballard  and  Eleazer  Lynsey  were  sworn  constables 
for  Lyn. 

Mr.  Hen.  Walker,  Wm.  Vinson,  John  Davis,  Jeffery  Per- 
sons, chosen  by  the  selectmen  of  Gloster  as  tithingmen,  were 
allowed. 

William  Lake  had  his  license  renewed  for  drawing  cider  and 
beer  and  entertaining  strangers  for  the  year,  provided  he  did 
not  suffer  disorders  in  his  house  contrary  to  law. 

Capt.  John  Price  and  Leift.  John  Higgenson  took  the  free- 
men's oath. 

Mr.  John  Hathorne,  Manasses  Maston  and  Hen.  Skerry, 
jr.,  took  the  freemen's  oath.* 

Capt.  Dudley  Bradstreet,  Leift.  John  Osgood  and  Ensigne 
Thomas  Chandler,  chosen  to  end  small  causes  for  Andever, 
were  sworn. 

James  Moulton,  sr.,  Richard  Hutten  and  Thomas  Patch 
all  of  Wenham,  were  confirmed  as  tithingmen.f 

Henry  Collins,  sr.,  Ensign  Fuller,  Mathew  Farington,  sr., 
Hen.  Silsby,  Edward  Baker,  Francis  Burrell,  William  Mirriam 
and  Richard  Kertland,  all  of  Lynn,  were  confirmed  as  tithing- 
men. | 

Wm.  Dodge,  sr.,  Humphry  Woodbery,  sr.,  Josiah  Rootes, 
Exercise  Conant,  John  Hill,  Robert  Bradford,  Robert  Hibbert, 
Nathanll.  Hay  ward  (also,  Howard),  Richard  Ober  and  John 
Dodge,  sr.,  all  of  Beverly,  were  allowed  as  tithingmen. § 

the  court,  and  served  by  Henery  Skerry,  ||  marshal,  by  attach- 
ment of  land  of  defendant  on  Darby  fort  side. 

*Copy  of  the  order  of  the  General  Court  of  May  23,  1677, 
by  which  these  Salem  men  were  made  freemen,  signed  by 
Edward  Rawson,||  Secretary. 

fAppointed,  June  20,  1677,  at  a  meeting  of  the  selectmen, 
Thomas  Fisk,  Charles  Gott,  Walter  Fayerfield  and  William  Fisk. 

ISummons,  dated  18  : 4  :  1677,  to  Nathaniell  Kirtland, 
etc.,  appointed  by  the  selectmen  of  Lynn,  25  :  10  :  1676,  to 
have  inspection  into  houses  unlicensed  to  prevent  excessive 
drinking  and  tippling,  according  to  the  new  law,  to  appear  for 
confirmation,  signed  by  Thomas  Laughton,||  cleric,  and  ad- 
dressed to  constables  Clement  Coldum  and  Beniamen  Rednap. 

§Appointed  at  a  meeting  of  the  selectmen,  June  25,  1677, 

II  Autograph. 


290  SALEM    QUARTERLY    COURT  [June 

Theophilus  Baily  had  his  former  license  renewed  for  keeping 
a  house  of  entertainment. 

Mrs.  Sara  Hathorne  had  her  late  husband's  license  renewed 
to  her.* 

Mark  Pitman,  James  Denis,  Tho.  Smith,  Samll.  Walton, 
Ambross  Gale,  Elias  Henly,  John  Legg,  Erasmus  James, 
Will.  Nick,  John  Waldron,  Andrew  Tucker,  Robt.  Bartlett, 
and  Edw.  Read,  all  of  Marblehead,  were  allowed  as  tithingmen. 

Mr.  Timothy  Lindall,  Mr.  Swetland,  John  Williams,  Frances 
Scerry,  George  Keaser,  Jon.  Ingerson,  sr,,  Christopher  Ba- 
bodge,  Thomas  Rootes,  Robert  Follett,  Mr.  Joseph  Grafton,t 
sr,  William  Dounton,  Hen.  West,  Mr.  White,  Tho.  Rix,  Edw. 
Flint,  John  Marston,  jr.,  David  Phippen,^  Sergt.  Fuller, 
Sergt.  Felton,  Geo.  Goldthurite,  Thomas  West,  Left.  Putnam, 
John  Tomkins,  sr.  and  Thomas  Goold,  all  of  Salem,  were 
allowed  as  tithingmen.  § 

Richard  Norman,  George  Dorland,  Good.  Cleark  of  Tops- 
feild,  Hugh  Lattamore,  Edw.  Richards,  Capt.  More  and 
Ellen  Hollingworth  had  their  licenses  renewed  for  keeping 
houses  of  entertainment. 

Steephen  Haskett,  Mr.  Jon.  Higginson,  Mr.  Moses  Maver- 
ick, Mr.  Wm.  Browne,  jr.,  Capt.  John  Corwin,  Mr.  John 
Gidney,  Mr.  Timo.  Lindall,  Mr.  Wm.  Bowditch  and  Mr. 
Samll.  Ward  had  their  licenses  renewed  for  selling  strongwater. 

to  prevent  private  tippling  and  drunkenness.  Copy  of  record 
made  by  Paul  Thorndike,||  recorder. 

*Petition  of  Thomas  Laughton,||  for  the  selectmen  of 
Lynn,  dated  25  :  4  :  1677,  that  the  widow  of  Mr.  John  Hath- 
orne, deceased,  have  the  same  liberty  as  her  husband  to  keep 
a  house  of  public  entertainment,  etc. 

t Warrant,  dated  June  11,  1677,  for  ten  Salem  tythingmen 
to  appear  to  take  oath,  signed  by  Jno.  Price,  ||  for  the  select- 
men, and  served  by  Nat.  Beadle,  ||  constable  of  Salem. 

J  Warrant,  dated  June  11,  1677,  for  seven  Salem  tythingmen 
to  appear  to  take  oath,  signed  by  Jno.  Price,  ||  for  the  select- 
men, and  served  by  Samuell  Beadle,  ||  constable  of  Salem. 

§Warrant,  dated  June  11,  1677,  for  eight  Salem  tythingmen 
to  appear  to  take  oath,  signed  by  Jno.  Price, ||  for  the  select- 
men, and  served  by  Joseph  Huchinsonlj  and  Daniell  Andrew,  || 
constables  of  Salem. 

I  [Autograph. 


1677]  RECORDS    AND    FILES  291 

Upon  full  hearing  of  the  case  between  Anthony  Ashby  and 
Abraham  Hazeltine,  constable  of  Bradford,  for  distraining 
two  cattle  upon  pretence  of  his  proportion  of  ten  rates  imposed 
by  the  General  Court  on  May  3,  1676,  which  rates  the  con- 
stable of  Rowly  had  testified  that  said  Ashby  had  paid  at 
Rowley  where  he  lived  and  had  lived  some  time  before,  said 
rates  were  granted  and  the  constable  of  Bradford  could  not 
allege  that  Ashby  had  any  estate  in  Bradford  when  the  assess- 
ment was  made.  It  was  judged  that  the  act  of  the  constable 
in  distraining  the  two  cattle  to  be  illegal  and  that  they  should 
be  returned  to  said  Ashby.* 

*Warrant,  dated  Ipswich,  June  14,  1677  to  Abraham  Hazel- 
tine  for  appearance  at  the  next  Salem  court,  signed  by  Daniel 
Denison.f 

Jeremiah  Elsworth,t  constable  of  Rowley,  certified,  27  :  1  : 
1677,  that  he  had  received  of  Mr.  Antonie  Ashby  40s.  in 
satisfaction  for  his  ten  rates  due  last  summer. 

Warrant,  dated  July  10,  1676,  to  the  constable  of  Brad- 
ford, for  the  collection  of  the  ten  extraordinary  rates  from 
Josiah  Gage,  10s.  5d.,  Thom.  Tile,  21i.  2s.  8  l-2d.,  Mr.  Ashby, 
3h.  Is.  8d.,  Gilbert  Wilford,  Hi.  10s.  6  l-2d.,  signed  by  Shu. 
Walker,t  John  Tenny,t  David  Haseltinef  and  Joseph  Baly.f 

Samuel  Shepard,  aged  about  twenty-seven  years,  testified 
that  Mr.  Ashby  about  a  year  since  turned  two  cattle  over  the 
river  and  asked  deponent  to  look  after  them  and  he  would  pay 
him.  He  paid  him  and  told  him  to  deliver  them  at  Abraham 
Haseltine's  and  he  would  send  his  man  for  them.  Said  Hasel- 
tine's  wife  received  them.  Sworn,  June  25,  1677,  before 
Nath.  Saltonstall,t  commissioner. 

Shu.  Walker, t  recorder,  certified  at  Bradford,  Aug.  10,  1675, 
that  Mr.  Anthony  Ashby  was  rated  for  6s.  2d. 

Jeremiah  Elsworth,t  constable  of  Rowley,  certified  that 
the  ten  war  rates  demanded  by  the  treasurer,  Capt.  John 
Hull  for  the  year  1676  were  made  upon  the  inhabitants  of 
Rowley  on  30  :  4  :  1676,  Mr.  Anthonie  Ashbye  being  one  of 
them. 

John  Griffing  deposed  that  he  being  at  the  house  of  Abraham 
Hasillton,  etc. 

Shubael  Walker  and  David  Haseltine  deposed  that  they 
were  selectmen  of  Bradford  in  1676  when  the  ten  rates  were 
raised,  which  was  raised  by  adding  the  proportions  of  the 
single  rate  or  collection  of  estates  made  in  August,  1675,  etc. 
Sworn,  June  25,  1677,  before  Nath.  Saltonstall,t  commissioner. 

fAutograph. 


292  SALEM    QUARTERLY    COURT  [June 

Mr.  George  Emory,  complained  of  by  John  Lambert  for 
shooting  three  children  with  his  gun,  whereby  one  of  them 
was  dangerously  wounded,  owned  that  he  shot  off  a  gun 
charged  with  pease,  levelling  upon  the  ground,  standing  about 
twenty  yards  from  the  children.  He  was  bound  to  good 
behavior  and  for  appearance  at  the  next  Salem  court. 

In  answer  to  the  petition  of  Richard  Rowland  to  be  eased  in 
his  rate  by  Salem,  court  saw  no  reason  to  do  so. 

George  Jacob  was  fined  upon  his  presentment  for  striking 
John  Tompkins,  John  Waters  and  Steeven  Smale  being  al- 
lowed witness  fees.* 

Copy  of  the  records  of  the  General  Court  held  at  Boston, 
May  3,  1676,  made  by  Edward  Rawson,t  secretary:  "This 
Court  Considering  the  great  Inconveniencyes  that  will  ensue 
if  persons  be  left  at  liberty  to  withdraw  from  the  frontier 
Townes  that  are  yet  standing  out  there  by  enfeebling  the  re- 
mote parts  of  the  Country  and  tending  to  the  damage  of  the 
whole  doe  therefore  order  that  it  shall  not  be  in  the  liberty 
of  any  person  what  soeuer  who  is  by  law  enjoyned  to  trayne 
watch,  ward  or  scout  to  leaue  the  Towne  he  is  an  Inhabitant 
of  upon  any  pretence  whatsoeuer;  w*hout  liberty  first  obteyned 
from  the  Comttee  of  militia  in  the  Towne  to  which  he  doth 
belong  or  in  Case  of  their  denyall  then  by  the  Council  of  the 
Cominweath  uppon  the  penalty  of  twenty  pounds  except 
w*hin  one  weke  after  they  be  required  by  the  Comittee  of 
militia  to  returne  to  theire  station  they  shall  accordingly  re- 
turne  which  sume  of  twenty  pounds  upon  Certiflicat  from  the 
Comittee  of  militia  to  the  County  court  of  that  shire  or  to 
any  two  magistreates  shall  by  their  warrant  be  forthwith 
levyed  upon  the  estates  or  for  want  thereof  uppon  the  persons 
of  such  delinquents  to  be  disposed  of  either  to  such  as  will  come 
vnto  the  sayd  Towne  to  strengthen  or  towards  the  bearing 
the  chardge  of  the  warre,  or  otherwise,  as  those  that  stand 
it  out  shall  see  meete  And  It  is  further  ordered  that  no  person 
Capeable  to  Assist  in  securing  the  Garrison  he  belongeth  to 
shall  absent  himselfe  by  going  out  of  Towne  w*hout  acquaint- 
ing of  and  liberty  obteyned  from  the  Comande''  of  the  sayd 
Garrison  upon  penalty  of  fine  shilling  for  each  offence  in  that 
kinde  that  so  the  danger  to  which  the  Garrison  in  the  re- 
spectiue  Townes  are  exposed  to  by  frequent  absence  of  such 
as  are  for  the  deffence  of  them  may  be  prevented." 

*John  Waters,  aged  thirty-five  years,  and  Stephen  Small,  aged 

fAutograph. 


1677]  RECORDS    AND    FILES  293 

Phillip  Welch  was  fined  upon  his  presentment  for  being 
disguised  M^th  drink,  Robt.  Bartlett  and  one  Eliza  being 
allowed  witness  fees.* 

Will.  Beale,  presented  for  telling  a  wilful  lie,  was  dismissed. f 

Calebash,  the  negro,  was  ordered  to  be  whipped  for  un- 
cleanness.f 

Tho.  Pickton,  presented  for  being  disguised  with  drink 
on  the  Lord's  day  and  night,  walking,  was  fined.  ^ 

Martin  Hall,  for  fornication  before  marriage,  was  sentenced 
to  be  whipped  twenty  stripes  or  pay  a  fine.|| 

twenty  years,  deposed  that  they  saw  George  Jacobs,  sr.,  strike 
John  Tomkins,  jr.,  one  blow  and  if  the  latter  had  not  held 
him  by  the  arms,  he  would  have  struck  him  more,  he  being 
in  such  a  passion.     Sworn  in  court. 

♦Warrant,  dated  27  : 4  :  1677,  to  William  Welch,  and 
to  witnesses  Robert  Bartlett  and  Elizabeth,  an  eastern  woman, 
who  lives  in  said  Bartlett's  house,  signed  by  Hilliard  Veren,** 
cleric,  and  served  by  John  Stassy,**  constable  of  Marblehead. 

fWit:  Richard  Rowland,  Nathaniell  Walton  and  James 
Denis. 

James  Dennes,  aged  about  thirty-five  years,  deposed  that 
being  in  company  with  Nathannell  Walton  and  Richard  Row- 
land on  Feb.  10,  he  heard  Rowland  ask  William  Beale  how 
many  cattle  he  had  kept  this  last  summer,  but  he  took  no 
notice  of  what  he  said  "so  Richard  Rowland  spack  to  hem 
again  and  said  dost  not  heare  art  thou  deafe,  beal  replide  againe 
I  dont  heare  I  am  deafe  so  I  ansuerd  hem  again  that  he  had 
told  a  Lie  for  if  he  had  ben  deafe  he  kould  not  haue  made 
hem  that  answer  and  therfore  I  would  present  hem  for  a  Lie 
and  bade  them  to  tack  noaties  of  it."  Nathannell  Walton 
testified  to  the  same.     Owned  in  court  by  said  Beale. 

ISummons,  dated  27  :  4  :  1677,  to  Calebash,  negro  servant 
of  the  widow  Porter.  Wit:  Benjamin  Porter  and  Israeli 
Porter. 

^Summons,  dated  27  :  4  :  1677,  to  witnesses,  Exercise  Con- 
ant,  John  Dodge,  sr.,  Zachariah  Herrick,  Ensigne  Corning 
and  John  Swarton,  in  this  complaint. 

||W\arrant,  dated  May  21,  1677,  for  appearance  of  Raulph 
Halle  and  Elizabeth,  his  wife,  daughter  of  John  Dodge,  jr., 
signed  by  Hilliard  Veren,**  cleric,  and  served  by  Henry  Skerry,** 
marshal  of  Salem.  Bond  of  Raulph  Hall,**  with  Hudson 
Levritt**  as  surety.     John  Dodg**  bound  for  his  daughter. 

Elizabeth    Weeden,    midwife,    aged    about    fifty-six    years, 

**  Autograph. 


294  SALEM    QUARTERLY    COURT  [June 

Michell  Derick  and  Mr.  Zarababell  Endecott  were  bound 
in  lOli.  to  save  the  town  harmless  from  keeping  the  child  of 
Calebash,  the  negro.* 

Mr.  John  Gifford,  having  been  formerly  committed  to 
Thomas  Matson,  the  prison-keeper  of  Boston,  by  virtue  of 
an  execution  to  satisfy  judgment  to  Hen.  Dispaw,  sr.  and 
Hen.  Dispaw,  jr.,  and  court  being  informed  that  he  escaped 
from  prison,  said  Matson  was  ordered  to  secure  him  as  his 
prisoner,  with  the  help  of  the  constable,  until  the  actions 
relating  to  said  Gifford  and  Matson  not  pending  were  heard. 

John  West  and  John  Elletrap  were  ordered  by  the  court  to 
make  inquiry  after  the  estate  of  John  and  Benjamin  Pick- 
worth,  supposed  to  be  dead,  and  to  account  to  the  court,  and 
in  case  the  widow  Pickworth,  mother  of  said  John  and  Benja- 
min, be  in  want,  she  was  to  be  supplied  out  of  the  estate. 

Samuell  Sothwick,  son  of  John  Sothwick,  chose  Frances 
Nursse  as  his  guardian,  and  John,  son  of  said  John,  chose 
Tho.  Fuller  as  his  guardian,  which  the  court  allowed. 

There  being  a  motion  made  by  the  farmers  or  villagers 
belonging  to  Salem  that  some  course  be  taken  for  the  ordering 
of  the  highways  for  their  convenience,  court  ordered  that 
Salem  choose  a  committee  to  that  end,  who  in  some  short 
time  should  lay  out  such  ways  as  may  be  thought  meet. 

Peter  Twist,  presented  for  rescuing  some  horses  driving  to 
pound,  was  fined,  which  fine  was  later  respitted.f 

testified  that  she  was  called  to  the  wife  of  Ralph  Hall,  then  at 
Mr.  Coxes  house,  the  begining  of  last  winter  and  found  her 
very  ill.  She  gave  birth  to  a  son.  Sworn,  June  13,  1677, 
before  Tho.   Clarke, |  assistant. 

Ann  Bromwell,  aged  about  fifty-four  years,  and  Mary 
Feild,  aged  about  fifty-one  years,  testified  that  the  child 
was  born  before  its  time,  etc.  Sworn,  June  13,  1677,  before 
Tho.  Clarke, t  assistant. 

Summons,  dated  27  :  4  :  1677,  to  John  West,  as  a  witness 
in  the  complaint. 

Petition  of  Martin  Hall,  "now  a  prisoner,"  that  being  in 
want  and  having  nothing  to  make  satisfaction,  he  asked  for 
an  abatement  of  his  fine. 

*Bond  of  Zerobabel  Endecott|  and  Michaell  Derick. 

fWarrant,  dated  27  :  4  :  1677,  for  the  appearance  of  Peeter 

t  Autograph. 


1677]  RECORDS    AND    FILES  295 

Joseph,  the  Indian,  for  coming  into  the  house  of  Phillip 
Logee  in  the  night  and  being  found  upon  his  wife's  bed,  said 
Phillip  not  being  at  home,  was  ordered  to  be  whipped.* 

Blaze  Vinton  was  cleared  from  his  bond  given  for  his  good 
behavior. 

Mary  Heard,  daughter  of  Zacheus  Curtis,  complaining 
against  her  husband  John  Heard  and  asking  for  a  separation 
on  the  grounds  of  insufficiency,  they  were  ordered  to  continue 
to  live  together  as  man  and  wife.f 

Twist,  servant  to  Capt.  Marshall,  also  to  summon  witnesses, 
Thomas  Browne,  Joseph  Mansfeild,  jr.  and  John  Clerk, 
signed  by  Hilliard  Veren,t  cleric,  and  served  by  Eleazer  Lins,| 
constable  of  Lyn. 

Thomas  Browne,  sr.,  Joseph  Mansfeild,  jr.  and  John  Clarke 
testified  that  driving  some  horses  from  Rumney  Marsh  to  the 
pound,  they  were  stopped  by  Peter  Twist  upon  the  great 
bridge,  who  violently  forced  away  several  of  the  horses.  Sworn 
in  court. 

Peter  Twist's|  petition:  that  he  was  asked  by  his  master  to 
speak  to  the  men  that  his  horse  might  not  be  driven  to  pound, 
and  that  he  was  ignorant  of  the  law  and  had  no  intention  of 
disobeying  authority, 

*Mary  Logia,  aged  about  twenty-nine  years,  deposed  that 
some  time  in  May  last  Joseph  Indian  got  into  her  house  about 
the  middle  of  the  night  and  she  awakening  supposed  it  was 
her  husband  come  home  from  sea.  Speaking,  she  received 
no  answer  and  in  the  moonlight  saw  an  Indian,  so  she  called 
to  John  King,  a  youth  who  was  lodging  there  in  her  husband's 
absence,  to  get  some  one  to  kill  him.  She  took  the  Indian 
by  the  hair  of  the  head  and  beat  him  with  her  fist  but  he 
got  away  and  ran  out  the  window,  the  door  being  locked, 
which  was  without  question  the  way  he  came  in.  Sworn  in 
court. 

Summons,  dated  27  :  4  :  1677,  to  witnesses  Mary  Logee  and 
John  King,  jr.,  in  the  presentment  of  William  Traske's  Indian. 

t Warrant,  dated  June  25,  1677,  for  the  appearance  of  John 
Herd  and  wife  Mary  upon  complaint  of  Zacheus  Curtise,  in 
behalf  of  his  daughter,  signed  by  Daniel  Denison,t  and  served 
by  John  Pabody,|  constable. 

Zacheus  Curtes'l  complaint  in  behalf  of  his  daughter  Mary, 
who  is  married  to  John  Hard,  etc. 

Johanah  Courties,  aged  about  fifty-three  years,  deposed 
that  being  at  the  house  of  John  Heard  who  was  married  to 

J  Autograph. 


296  SALEM    QUARTERLY    COURT  [June 

Mr.  Thomas  Elbridg  of  Marblehead  was  licensed  to  draw- 
liquor,  beer  and  cider  to  sell  out  of  doors  at  retail,  but  not 
within  doors. 

Upon  an  action  tried  at  the  last  Ipswich  court  between  the 
Town  of  Salem  and  Nicholas  Manning,  the  jury  found  the 
forfeiture  of  a  bond,  and  the  moderation  of  the  bond  was  re- 
ferred to  this  court.     Court  moderated  the  bond.* 

Nicholas  Manning  presented  two  papers  of  several  persons 

her  daughter,  she  lay  in  a  bed  on  the  floor  in  the  chamber,  etc. 

Complaint  of  John  Heard  against  his  wife  and  her  parents, 
etc. 

Marey  Herd's  complaint,  that  her  husband  had  left  her,  etc. 

Zacheus  Courties,  sr.,  deposed. 

Joseph  Byxbe,  jr.,  and  Benjemmen  Byxbe  testified. 

*Writ,  dated  Mar.  16,  1676-7,  signed  by  Hilliard  Veren,t 
for  the  court,  and  served  by  Henery  Skerry, f  bj'-  attachment 
of  the  shop  defendant  works  in,  the  barn,  outhouses  and  all 
the  land  from  the  street  down. 

Bill  of  cost  of  the  selectmen.  Hi.  8s.  4d. 

Copy  from  the  town  book  of  records,  made  by  Jno.  Price,t 
recorder:  "28*^'  March  1674.  Selectmen,  Major  Hawthorne, 
Cap*  Curwin,  Cap*  Price,  M''  Bartholmew,  M''  Grafton,  M^ 
Prince,  Jn''  Curwin.  14*'^  12*^  1675  Cap*  Maning  D^  To  y« 
ministers  rate  seauenty  pounds,  Cred""  pseueralls  pd  M' 
Browne  sen^  57  :  08  :  01,  Rest  due,  12  :  11  :  11."  Dr.  more 
upon  ball,  of  ye  towne  rates  made  up  14  ;  12  :  1675,  141i. 
12s.  8d.;  Cred.  p  disburstments  upon  ye  meeting  house,  21i. 
19s. ;    rest  due,  241i.  :  5  :  7. 

Copy  of  record  of  a  meeting  of  the  Salem  selectmen,  Mar. 
28,  1674:  Major  W"'  Hawthorne,  Capt.  George  Curwin,  Capt. 
Walter  Price,  Mr.  Henry  Bartholmew,  Mr.  Joseph  Grafton, 
Mr.  Richard  Prince  and  Mr.  Jno.  Curwin  being  present, 
Nicholas  Maning  bound  himself  to  William  Browne,  sr.,  for 
231i.  lid.  for  Mr.  Higginson's  rate  on  or  before  May  1  and 
281i.  OS.  8d.  to  the  selectmen  before  June  10.  At  a  meeting 
on  Mar.  18,  1676-7,  Mr.  Edm.  Batter,  Mr.  Wm.  Browne,  Mr. 
Samll.  Gardner,  sr.,  Mr.  Barthol.  Gedny  and  Jno.  Price  being 
present,  it  was  voted  that  Capt.  Nicholas  Maning  be  arrested 
for  the  next  Ipswich  court,  for  the  forfeiture  of  his  bond  of 
Mar.  28,  1674  and  Mr.  Samll.  Gardner,  sr.,  Avas  appointed  to 
prosecute  the  same.  Major  Hathorne  made  oath  that  the 
copies  were  true  copies. 

fAutograph. 


1677]  RECORDS    AND    FILES  297 

who  were  not  able  to  pay  their  rates,  and  court  ordered  that 
the  selectmen  of  Salem  abate  what  was  just. 

Edmond  Bery,  for  being  distempered  with  drink  and  for 
abusive  carriages  and  speeches  to  his  wife,  was  fined.* 

*Bettorice  Berry's  petition:  "It  being  not  unknowne 
to  this  honored  Court  how  it  hath  bin  with  me  in  respect  of 
my  wofull  condition  with  liueing  with  my  husband  Edmond 
Berry,  who  in  regard  of  his  most  bitter,  Inhumane  &  most  ill 
becomeing  carriage  to  me,  as  many  of  my  neighbors  can  give 
Testimony.  I  was  compelled  to  goe  away  from  him;  liueing 
where  I  could  gett  harbor,  ye  honord  Court  upon  Informa- 
tion hereof,  compelld  me  upon  ye  penalty  of  Fiue  pounds  to 
Hue  with  him  againe  wch  as  ye  Lord  knowes  to  my  unex- 
pressable  sorrow  hath  bin  now  for  about  a  Twelue  month, 
as  by  Testimony  Sufficient  may  speake  for  me  &  what  shall  a 
poor  woman  doe  in  the  Case;  if  ye  Lord  doth  not  wonderfully 
help;  as  for  matter  of  substance,  I  haue  nothing  of  him  neither 
haue  I  euer  had  but  a  very  small  matter  euer  since  I  was  his 
wife,  for  such  was  &  still  is  his  absurd  manner  in  eating  his 
victualls,  as  takeing  his  meat  out  of  ye  pickle;  &  broyleing 
it  upon  ye  coales,  &  this  he  would  tell  me  I  must  eate  or  else 
I  must  fast  so  that  if  I  had  not  reserved  to  my  self  a  Little 
of  myne  owne  I  must  haue  perisht;  neither  will  he  allow 
me  any  necessary  about  house  for  decencey  or  that  wch  is 
absolutely  needful!  but  am  compelled  to  borrow  of  my  neigh- 
bors; by  wch  it  is  evident  that  he  exactly  goes  about  to  verifie 
what  he  hath  reported;  namelj^  that  he  will  haue  my  estate 
or  elce  he  will  make  me  weary  of  mj^  Life;  now  ye  honord  Major 
Hathorne  Knowes  ye  contract  that  was  made  between  vs  before 
marriage  &  acknowledgd  before  him;  howeuer  in  hopes  of  my 
more  comfortable  liueing  with  him  was  willing  to  bring  into  y*^ 
house  what  I  could,  &  did  doe  it;  although  to  be  sure  ill  be- 
stowed upon  such  a  person,  as  you  may  please  to  Judge  of  him 
in  part  what  he  is  by  one  late  Expression  of  his  to  me  who 
when  I  brought  to  him  a  cup  of  my  owne  Sugar  &  Beare  (for 
he  will  allow  me  nothing  of  his  owne)  and  dranke  to  him 
useing  these  words)  come  husband  lett  all  former  differences 
be  buried  &  trod  under  Foote;  why  should  we  not  liue  in 
Loue  &  unity  as  other  Folks  doe,  he  replied  to  me  againe, 
Thus;  Thou  old  cheating  Rogue;  The  Divell  take  thee  if 
thou  doest  not  bring  me  Forth  this  Court;  but  such  like 
direfull  expressing  towards  me  are  not  rare  with  him;  wch 
although  my  hard  portion  &  very  Tedious  to  beare,  yet  was 
rather  willing  to  groane  under  it  then  to  make  a  publique 
discovery  of  his  wicked;    &  brutish  carriage  to  me;    but  surely 


298  SALEM    QUARTERLY    COURT  [June 

ye  Lord  brings  him  forth,  &  ye  grand  Jury  had  cognissance 
of  his  Impious  behavior  towards  me  &  by  theire  act  is  he  now 
presented  &  it  is  but  rationall  that  I  should  speake  something 
before  yo""  worships  for  y*'  clearing  up  of  myne  owne  Innocency, 
&  also  since  ye  Thing  is  brought  forth  to  lay  open  my  grievances 
before  you  althouth  god  knowes  my  mind  was  rather  to  haue 
borne  my  affection  &  haue  w^aited  upon  him  who  is  ye  per- 
swader  of  y^  heart,  with  my  poor  prayers  to  my  good  god 
in  hopes  of  ye  worke  of  his  grace  upon  his  heart  &  soule; 
whereby  he  might  be  brought  to  see  ye  evill  of  his  wayes  &  so 
to  carry  it  to  me  as  becomes  an  honest  man  to  his  wife;  but 
ye  Lord  in  mercy  Looke  upon  me;  I  am  now  past  hopes  of 
him;  &  ye  onely  wise  god  direct  you  what  to  doe  with  me 
in  this  my  wofuU  case,  for  I  am  not  onely  continually  abused 
by  my  husband,  with  most  vile,  threatening  &  opprobrious 
speeches  but  also  his  son  who  Hues  in  howse  with  him  hath 
in  his  Father's  presence  threatened  me  to  throw  me  downe 
head  long  downe  ye  staires;  &  not  onely  so  but  he  hath  broken 
up  my  chest  &  taken  away  a  part  of  that  Little  wch  I  had." 

Deborah  Winter,  aged  about  thirty-one  years,  testified 
that  she  had  heard  Edmond  Berry  use  very  reproachful  terms 
to  his  wife,  as  bad  as  possibly  could  be  spoken  and  when  she 
was  sick  he  would  also  then  most  terribly  revile  her.  He 
had  said  that  he  desired  it  for  her  good  and  he  did  not  care  if 
there  were  a  fire  in  the  south  field  and  she  in  the  middle  of  it. 
Sworn  in  court. 

Abigail  White,  aged  about  seventy-two  years,  testified 
that  Berry  called  his  wife  Jezebell,  cheating  rogue,  etc.,  and 
told  her  that  he  could  not  abide  her,  and  bade  her  begone. 
Also  that  his  wife  had  proffered  to  do  what  she  could  for  him, 
such  as  to  dress  his  victuals,  wind  his  quills,  etc.,  and  she  would 
entreat  him  to  be  quiet,  but  he  was  angry  because  she  would 
not  join  her  estate  to  his.  Also  when  she  was  sick,  he  said 
that  she  should  have  nothing  of  him  because  he  had  nothing 
of  hers.  Deponent  had  tried  to  persuade  him  to  live  quietly 
with  his  wife  but  he  said  it  was  too  late.     Sworn  in  court. 

Abigail  Gray,  aged  about  twenty-one  years,  deposed  that 
when  his  wife  was  sick  in  bed  and  the  nurse  at  the  same  time 
was  in  bed  with  her,  Goodman  Berry  asked  for  cider.  The 
nurse  said  that  she  would  rise  and  get  him  some.  Goody 
Berry  said  he  had  had  enough  already,  and  he  replied  that 
he  would  have  some  more  or  he  would  pull  her  in  pieces.  Sworn 
in  court. 

Writ,  dated  29  :  4  :  1677,  signed  by  HiUiard  Veren,*  cleric, 
and  served  by  Henery  Skerry,*  marshal  of  Salem,  by  attach- 
ment  of   a   table   and   a   cupboard.     Also   summons   to   Mr. 

*  Autograph. 


1677]  RECORDS    AND    FILES  299 

Upon  complaint  by  Mrs.  Elizabeth  King  against  John 
Blano,  her  son-in-law,  who  had  with  him  several  children, 
the  grandchildren  of  said  Elizabeth.  The  said  children  hav- 
ing had,  by  will  of  their  grandfather  King,  a  farm  left  them, 
which  was  then  in  the  possession  of  said  Blanoe,  their  father, 
under  whose  care  the  children  suffered  very  much  for  want 
of  food  and  raiment  and  the  land  for  care,  court  appointed 
Elizabeth  King,  Daniell  King,  Ralph  King  and  Ezekiell 
Needham  as  guardians  of  the  children.* 


Resolved  White  and  wife  Abigail,  Abigail  Gray  and  Deborah 
Winter. 

*Warrant,  dated  29  :  4  :  1677,  signed  by  Hilliard  Veren,t 
cleric,  and  served  by  Edward  Richards,t  deputy  for  Henery 
Skerry, t  marshal  of  Salem. 

Petition  of  EHzabeth,  widow  of  Daniell  King:  that  said 
Daniell  left  by  will  a  house  and  considerable  land  to  his  daugh- 
ter Hanah,  wife  of  John  Blaine,  and  the  latter  finding  that 
he  was  not  mentioned  desired  her  husband  to  give  him  a  right 
in  it  for  life,  but  it  was  denied  him.  It  was  provided  that  if 
Blaine  had  the  use  of  it  he  was  to  pay  lOli.  per  year  to  herself 
and  husband  as  long  as  they  lived,  which  was  about  five  years 
ago,  and  they  had  never  received  anything.  That  she  should 
be  relieved  from  the  support  of  the  motherless  children  and 
that  they  should  have  the  benefit  of  the  estate  left  them,  etc. 

Jno.  Blanye'sf  petition:  that  he  had  received  a  warrant  to 
answer  for  not  providing  for  his  children  according  to  an 
engagement  to  court,  but  he  did  not  remember  any  such 
thing,  "but  I  hoape  I  doe  not,  nor  never  shall  Forgett  that 
god  and  nature  requyres  the  uttmost  of  my  endeavours  in 
that  respect,"  and  he  had  provided  according  to  his  ability, 
etc. 

Sarah  Bartrom,  aged  about  fifty-six  years,  and  Elizabeth 
Fisk,  aged  about  twenty-three  years,  testified  that  about 
four  or  five  months  since,  Mistress  King  being  informed  of 
the  suffering  condition  of  Hanah,  daughter  of  Hannah  Blaine, 
sent  for  the  child  and  it  was  so  piteously  clothed  that  it  was 
almost  naked.  Further  that  it  was  covered  with  vermin, 
which  had  eaten  into  its  skin,  so  that  the  child  would  not 
have  lived  long.     Sworn  in  court. 

Elizabeth  Redden,  aged  about  twenty  years,  deposed  that 
about  three  months  since,  Elizabeth,  daughter  of  John  Blayne, 
who  was  about  three  years  and  a  half  old,  was  brought  from 
said  Blayne's  to  deponent's  house.     She  was  almost  naked, 

fAutograph. 


300  SALEM    QUARTERLY    COURT  [JunC 

The  constables  of  Salem  were  allowed  a  bill  of  6s.  about  the 
Indian,  and  2s.  6d.  for  whipping. 

William  Swetland  was  appointed  administrator  of  the  estate 
of  John  White,  and  presented  an  inventory.* 

with  but  a  small  part  of  a  shift  on  her,  and  in  like  condition 
as  her  sister  in  regard  to  vermin.     Sworn  in  court. 

Richard  Walker,  aged  about  sixty-five  years,  and  William 
Cowdrey,  aged  about  seventy-three  years,  testified  that 
they  were  present  when  Mr.  Daniell  King  of  Lyn  made  his 
will,  and  afterward  Mr.  John  Blanoe  understanding  that  he 
was  not  mentioned  was  much  troubled  and  sent  his  wife 
to  her  father  and  to  them  to  induce  him  to  include  him.  Said 
Daniell  refused  saying  that  Mr.  Blanoe  brought  nothing  to 
him  and  should  have  nothing  from  him,  and  he  wished  his 
daughter  and  her  children  to  have  it.  Sworn,  30  :  4  :  1676, 
before  Wm.  Hathorne,t  assistant. 

Mark  Graves,  aged  about  fifty-five  years,  and  Elizabeth, 
his  wife,  aged  about  thirty-seven  years,  deposed  that  since 
Hannah,  wife  of  Mr.  John  Blaine  died,  said  Blaine  and  six  of 
his  children  came  from  Mr.  Ralph  King's  to  dwell  at  the 
farmhouse  where  deponents  and  they  lived  under  one  roof. 
When  the  children  came  they  were  decently  clothed,  but 
during  the  three  quarters  of  a  year  that  they  lived  there,  he 
did  not  provide  for  them  and  they  suffered  very  much  and 
had  it  not  been  for  their  friends  through  pity  taking  some  of 
them  from  him  and  relieving  them,  they  might  have  perished. 
They  suffered  both  for  food  and  raiment  and  what  money 
Blaine  received  for  wood  or  timber  or  for  the  work  of  his  team 
v/as  spent  in  drink,  he  coming  home  late  at  night  in  a  quarrel- 
some mood  and  distempered  with  drink.  He  had  only  one 
cow  to  provide  for  the  family,  etc.  Amy,  daughter  of  Mark 
Graves,  aged  about  seventeen  years,  deposed  the  same.  Sworn 
in  court. 

*Inventory  of  the  estate  of  John  White,  tailor,  appraised, 
Apr.  28,  1677,  by  Edward  Grove,t  Nicholas  Manningf  and 
Tho.  Bridge,!  and  allowed  26  :4  :  1677,  in  Salem  court:  a 
Coate  of  Cloth,  &  a  serge  paire  trowsers,  15s.;  2  Cametto 
Coates  &  a  pa:  breeches  Mutch  worne,  2s.;  an  old  Coate 
&  2  pa:  old  breeches  and  a  Jackett,  8s.;  6  neckcloths  &  1 
Carvette,  5s.;  3  paire  Sleeves  &  3  pocket  handketchers,  2s.; 
3  shirtes  wheareof  2  weare  new,  12s.;  a  paier  of  buckein  bus- 
kins, 2s.  6d.;  paire  old  shoes,  2s.;  2  paier  old  worne  stockins, 
Is.;  2  yards  galloons  &  a  bible,  2s.;  4  small  rubons,  a  powder 
Home  &  An  old  old  Rapier,  2s.  6d.;    A  pressing  Iron,  a  pa. 

fAutograph. 


1677]  RECORDS   AND   FILES  301 

Sara  Brown,  executrix  of  the  estate  of  James  Browne, 
brought  in  an  inventory.* 

Willf  of  Jeffery  Massey,  and  an  inventoryl  of  the  estate, 
were  proved  and  allowed. 

taylers  sheeres  &  a  yard,  3s.;  and  old  Snapesake  &  2  hatts, 
12s.;  a  demety  Wascoate  &  a  pa.  Linnen  draw^ers  mutch 
Worne,  2s.;  an  old  redde  wasecoate,  Is.;  a  walking  Cane, 
a  small  old  Chest,  a  trencher  Knif,  a  pen  knife  &  a  bod- 
kin, 4s.  6d.;  a  nutte  megge  grater,  a  needle  Case  &  5 
needles,  6s. ;  a  small  bagge  &  2  sliper  linnen.  Is. ;  total,  51i. 
Is.  "Since  this  inventory  was  taken  I  haue  found  of  his  A 
paire  of  shooes  &  stockns  &  2  old  Rasers  which  in  my 
Judgment  may  bee  worth  5^" 

*Inventory  of  the  estate  of  James  Browne,  sr.,  who  deceased 
Nov.  3,  1676,  taken  Nov.  30,  1676,  by  Nicholas  Noyes§  and 
Nathaniell  Beadle,  §  and  allowed  26  :  4  :  1677  upon  oath  of 
Sara,  the  reUct:  a  dwelling  house  and  barne  and  aboute  3-4 
acre  of  Land  in  Salam,  lOOli.;  bead  and  bead  stead  and  all 
furniture,  51i.;  trundell  bead  and  all  belonging  to  it,  10s.;  a 
bybell  and  other  bookes,  10s.;  wareing  Cloths,  Hi.  10s.;  6 
Charles  and  a  desck,  18d.  a  pease,  10s.  6d.;  putter,  17s.  6d.; 
tene  ware.  Is.  6d.;  a  selfeer  cupe  and  spoone,  10s.;  a  pare  of 
cards,  baskit  and  brush,  2s.;  brase  things,  12s.;  2  eyrene 
pouts  &  3  weagis  and  tongs,  spade.  Hi.  14s.  6d.;  woodin 
ware,  10s.;  a  uysce  and  other  glasein  toulles,  21i.;  earthin 
ware,  Is.  6d.;  a  bead  in  ye  Chamber  and  things  to  it,  21i. 
10s.;  2  Cheasts  and  seattell,  4s.;  6  bushells  of  Corne,  12s.; 
201i.  of  Corse  yarne,  12d.  a  li..  Hi.;  Lining,  15s.;  total,  11911. 
10s.  6d. 

James  Browne's  debts:  to  Mr.  Edmon  Batters,  71i.  17s.  3d.; 
to  Goodwife  Bonfeild  for  caring  for  Mary's  Legg,  81i. ;  to 
Doctor  Wells,  3h.;  to  Captaine  George  Corwin,  41i.;  to  Mr. 
WilHam  Browne,  Junior,  41i.  9s.  4d.;  to  Mr.  Jonathan  Cor- 
wine,  lOli.  6s.  8d.;  to  funerall  charges,  21i.  4s.;  to  Mr.  John 
Higgison,  21i.  10s.;  due  for  Legacies  for  fower  Children  wch. 
Mr.  John  Cutting  gave  to  his  grandchildren  &  was  James 
Browne's,  due  to  pay,  6H.;  to  his  sonn  James  Browne,  jr., 
43H.;    total,  lOlli.  5s.  3d. 

fWill  of  Jeffery  (his  mark)  Massey,  sr.§  of  Salem,  dated 
6:9:  1676,  and  proved,  29  :  4  :  1677,  in  Salem  court:  ''Im- 
primus,  I  giue  vnto  Ellin  my  wiffe  All  my  housing  Lands  Cat- 
tell  and  goods  For  her  Maintenance  during  her  Naturall  Liffe 
And  If  Neede  require  to  sell  either  Land  Cattell  or  goods  by 
the  Advice  of  the  oversears  to  witt  Henry  Skerry  senr:    and 

JSee  footnote  page  302  marked  f        §Autograph. 


302  SALEM    QUARTERLY    COURT  [JuHG 

Ephraim  Scerry  dying  intestate,  court  granted  administra- 
tion of  his  estate  to  Martha,  the  relict,  who  brought  in  an 
inventory.*  Court  ordered  that  the  estate  remain  in  the 
widow's  hands,  except  301i.  which  was  to  be  paid  to  the  chil- 
dren of  deceased,  being  daughters,  in  equal  shares,  and  whereas 
there  were  lOli.  due  to  Henry  Skerry,  sr.,  he  freely  gave  that 

Francis  Skerry.  Item  I  giue  Affter  the  desece  of  my  wiffe 
what  Estate  As  Lefft  vnto  my  sone  John  Massey  Duering 
his  Liffe  And  after  the  desece  of  my  sonne  his  wiffe  Sarah 
Massey  is  to  haue  one  thirde  part  of  the  Land  and  the  other 
two  thirds  of  the  Land  with  the  Cattell  and  goods  is  to  be 
devided  betwixt  the  children  the  Living  only  After  her  de- 
seace  the  Next  Eaire  Is  to  InJoye  her  thirds  Item  I  Con- 
stitute my  Sonne  John  Massey  as  on  exsecetor  of  this  my  will 
and  If  the  Corte  please  to  Appoynt  another  Item  my  will 
is  that  my  overseers  shall  be  sufisiently  satffied  for  what  time 
and  expenses  they  shall  be  Att  In  the  parformance  of  my  will." 
Wit:   Henery  Skerry,  sr,,|  and  Frances  Skerry. | 

flnventory  of  the  estate  of  Jeffery  Massey  of  Salem,  taken, 
25  :  9  :  1676,  by  Henery  Skerry,  sr.,t  and  Francis  SkerryJ 
and  allowed  26  :  4  :  1677,  in  Salem  court:  his  dwelling  house 
and  an  Aker  of  upland  and  an  orchard  In  it  with  halfe  a  barne 
&  an  old  house  &  fence  to  it,  401i.;  4  akers  of  salt  &  English 
gras  meddo  belowe  the  house,  401i.;  4  akers  of  pasture  Land 
fenced  in  Neere  the  house,  321i.;  one  Ten  Aker  Lot  over  the 
River  Against  ye  house,  301i.;  one  Fether  Bed  &  Boulster, 
2  pillowes,  A  Rug  And  thre  Blancits,  61i.;  a  bedsted.  Cur- 
tins,  valiants  &  Bed  Cord,  Hi.  7s.;  An  ould  small  fether  Bed 
with  Boulstars  &  Coverlet  &  two  Blankets,  Hi.  10s.;  An  old 
Cow,  31i.;  his  waring  Clothes,  on  Cloke  &  An  old  Cote  &  2 
pare  of  Breches  &  a  dublit  &  Apare  of  Gloves,  41i. ;  a  hat  &  thre 
hancarchars,  4  band  &  2  Caps,  8s. ;  A  box,  lorne  &  pot  bucks, 
3s.;  a  pare  of  Andlornes,  a  spit,  tongs,  a  hake,  one  pot  And 
Cettell  &  fier  pan,  one  mortising  Ax,  &  a  wedg.  Hi.  5s.  6d.; 
for  old  putar,  a  Tabell  &  forme  &  small  Tabell  &  Joynt  stoole, 
Hi.  2s.;  2  Chests,  one  of  Joynar  worke  &  one  sea  chest,  2 
chayres  &  2  Cushins,  Hi.  2s. ;  Thre  old  brasse  Ceettels,  a  brasse 
Candellstick,  a  scimer  &  pott  Cover,  14s.;  A  Linin  Whele  & 
To[w]  Come,  7s.;  a  parsell  of  old  Lumbar,  of  severall  Things, 
14s.;  total,  163H.  12s.  6d.  Debts,  Hi.  15s.;  funeral  expenses, 
21i.  7s.  9d. 

*Inventory  of  the  estate  of  Ephraim  Skerry,  taken  19  :  8  : 
1676,   by  Francis   SkerryJ   and   Henry   Skerry,   jr., J   and   al- 

tAutograph. 


1677]  RECORDS    AND    FILES  303 

to  the  three  children  to  be  equally  divided,  and  their  shares 
to  be  paid  at  age  or  marriage. 

The  will*  of  Mr.  Ezekiell  Needham  was  proved. 

lowed  upon  oath  of  the  widow  Martha,  26  :  4  :  1677  in  Salem 
court:  pleate,  51i.;  25  yds.  of  Carscey  at  3s.  pr.  yd.,  31i.  15s.; 
22  yrds.  Carcsey  at  3s.  pr.  j'd.,  31i.  6s.;  cash,  41i.;  3  holand 
sheetes,  21i.  5s.;  3  pr.  of  sheetes,  21i.  10s.;  5  pr.  of  pilobers, 
Hi.  lis.;  3  shurts  &  4  pr.  drawers,  21i.;  5  blew  shurts  &  pr. 
blew  drawers,  12s.;  pr.  very  fine  holand  pilebers.  Hi.;  8 
Towles,  10s.;  20  napkens.  Hi.  10s.;  4  small  table  clothes, 
10s.;  8  neckcloths,  16s.;  2  pr.  of  holand  sleeves,  8s.;  7  hanker- 
chefers,  7s.;  a  bed  quilte  &  eastend  carpet,  21i.;  a  great  beed, 
blankets,  Ruge,  bolsters,  pillows  &  all  to  it,  llli.;  a  trickel 
beed,  bolster,  Ruge  &  blanketts,  31i. ;  a  sea  beed,  two  blankets 
&  Ruge,  15s.;  all  his  woolen  waring  cloths  &  cloke,  51i.;  all 
his  sea  cloths,  gloves,  stockens,  shoes,  hatt,  bible  &  other 
small  books,  31i.;  tinning  things.  Hi.  8s,;  all  the  peuter  things, 
21i.;  all  the  brass  things,  21i.  16s.;  all  the  Iron  things.  Hi. 
14s.;  a  chest  of  drawers,  two  trunkes,  3  boxes  &  a  chest,  21i. 
14s.;  a  longe  Table  &  6  Joyn  stolls.  Hi.  2s,;  two  letel  tables 
&  8  chayers.  Hi.;  all  the  earthen  things,  lli.  10s.;  two  pr. 
wosted  stockings,  5s.;  a  looking  glass  &  slekston,  6s.;  a  litel 
box,  two  brushes  &  pr,  stillyards,  5s.;  a  muskett  &  Cutlash, 
lli.  8s.;  3  Sea  chests  &  a  case  of  glases,  Hi.  2s.;  all  the  Lum- 
ber, 10s,;  all  the  Sea  Instruments,  21i,  13s.  9d.;  the  house  & 
ground,  10311.;  three  meale  bages,  3s.;  total,  1771i.  lis.  9d. 
Debts  due  to  ye  estate:  by  Mr.  Huske,  21i,  10s.;  by  Daniell 
Lunt,  Hi.;  by  Henry  Skerry,  jr.,  18s.;  by  Robt.  Cannon,  18s. 
9d.;  total,  51i.  6s.  9d.  Debts  due  from  the  estate:  in  Eng- 
land, 301i.;  to  Mr.  Boudeth,  51i.;  to  Mr.  Jno.  Higgenson, 
61i.  19s.  Id.;  to  Jno.  Crumwell,  51i. ;  to  Henry  Skerry,  sr., 
lOli.;   total,  56H.  19s.  Id. 

*Will  of  Edmund  Needham, f  of  Lin,  without  date,  ''being 
Blesed  be  God  in  his  perfect  knowledge  memory  and  under- 
standing tho  other  wies  ill  in  Body  made  &  writen  by  min  on 
hand  &  acording  to  min  on  mind  to  my  Chilldren  and  Grand- 
chilldren  as  follows  ...  I  desiar  &  impower  my  sun  Ezekiell 
Needham  my  tru  &  LawfuU  executor  to  this  my  Last  will  & 
Testament  to  se  my  body  desently  &  Christianly  Buried  as 
neer  my  old  wif  being  his  on  mother  as  may  be  Next  I  giue 
to  my  sun  daniell  Needham  be  sids  all  the  housing  dwelling 
house  he  now  dwells  in  Barn  &  all  y*^  out  housing  all  y^  Land 
that  was  laid  out  to  him  planting  land  upland  &  sallt  marsh 
medo  condisionally  as  is  in  a  deed  1 1  to  him  1 1  expresed  towards 

fAutograph  and  seal. 


304  SALEM    QUARTERLY    COURT  [Juiie 

my  maintenance  while  I  Hue  in  this  world:  &  also  y^  bedsted 
y*  stands  in  my  last  built  nu  roon  w%  y®  bed  I  leue  him  &  to 
blankets  &  the  curtains  &  valence  belonging  to  it  and  to  his 
fiue  Chilldren  hue  yu  sheep  y'  is  to  say  John  Needham  on  & 
Ezekiell  Needham  on  &  iudah  Needham  on  and  Mary  Need- 
ham  on  and  Elizabeth  Needham  on  Next  I  giue  to  my  sun 
Ezekiell  Needham  all  the  upland  &  y'^  fresh  &  salt  medw  on 
both  sides  y®  riuar  and  all  the  rest  of  my  mouables  on  the  con- 
ditions mensioned  in  a  deed  to  me  y*  he  should  prouide  for 
me  &  my  wife  when  then  she  was  lining  &  all  things  nesesary 
conuenient  that  we  stood  in  need  of  for  our  comfortabell 
liuelyhood  in  heallth  &  sicknes  whill  we  lined  her  in  this  world 
euery  way  sutabell  to  our  old  age  &  seuerall  condisions  &  all 
my  mouables  I  giue  to  him  besides  where  as  he  my  sun  Ezekiell 
Needham  my  Lawfull  Executor  hath  discharged  y"  to  dettars 
&  all  other  if  any  du  debtes  or  demands  what  so  euer  y*  any 
can  iustly  demand  of  me:  allso  my  Chilldrens  &  gran  chilldrens 
legsaies  in  this  my  will  expresed  &  then  to  his  to  Chilldren  to 
yo  sheepe  all  y^  rest  to  be  as  hir  on  proper  goods;  that  is  to 
say  my  sun  Ezekiell  Needhams  on  proper  goods  as  proper 
to  him  as  euer  they  were  proper  to  me:  Next  I  giue  to  my 
dafter  Hanah  diuen  &  hur  to  Chilldren  Twenty  fiue  pounds 
to  be  paied  them  halfe  in  Catell  &  y"'  rest  in  good  &  honest 
suficient  pay  that  is  to  pay  fifteen  pounds  to  hur  selfe  present 
if  lining  or  ellse  to  hur  husband  if  he  be  lining  after  hur  & 
fiue  pounds  to  her  dafter  Hanah  Armitag  &  fiue  pounds  to  hur 
last  born  son  John  diuen  when  they  shall  come  to  age  but  if 
any  on  of  them  shall  dy  before  they  com  to  age  the  longest 
liuer  of  them  to  haue  y^  holl  ten  pounds  but  if  they  both  dy 
then  ther  mother  to  haue  y''  holl  ten  pounds  at  y^  time  y*  if 
they  had  lined  should  haue  com  to  age  but  if  y«  mother  &  hur 
sun  &  dafter  should  all  three  dy  then  my  sun  Ezekiell  Need, 
to  haue  y^  holl  ten  pounds  only  giuing  y^  on  hafe  of  it  that 
is  to  say  fiue  pounds  of  it  to  hur  ||  brother  ||  my  sun  daniell 
Needham. 

"Next  I  giue  unto  my  sun  in  Laws  ||  Samuell  Harts  j|  Chill- 
dren first  to  his  dafter  in  Law  born  of  hur  first  husband  Eliza- 
beth How  but  now  by  mariag  Elizabeth  Chadwell  on  yo 
sheepe,  next  to  his  elldest  sun  Samuell  Hart  on  Cow  &  on 
yo  sheepe  ye  sheep  not  exeding  four  yers  old  next  to  Joseph 
Hart  on  yo  sheepe  next  to  abigall  Hart  on  yo  sheep  &  thirty 
shillings  mor  in  good  &  lawfull  pay  for  her  great  Car  of  me  in 
my  sicknes  be  sides  the  wages  y*  I  shall  giue  hur  for  y®  time 
she  stales  w%  me  &  to  hir  dafter  Rebeck  Hart  on  j'o  sheep 
all  the  sheep  not  exseding  four  yers  old.  next  I  giue  to  my 
sun  in  Law  Joseph  Mansfields  chilldren  first  his  son  Joseph 
Mansfielld  on  yo  sheep  &  to  his  next  sun  John  mansfield  w^h 


1677]  RECORDS    AND    FILES  305 

I  haue  brot  up  euer  since  his  Childe  hood  till  now  he  is  about 
fiften  yers  old  to  him  this  John  mansfielld  I  giue  on  Cow  & 
on  yo  sheep  not  exceding  four  yeres  old  &  to  his  dafter  Eliza- 
beth wheat  on  yo  sheepe  &  to  deborah  mansfild  on  yo  sheep, 
and  further  this  I  ad  as  a  Codasell  or  breefe  inuentory  to  this 
my  last  will  and  Testament  that  my  sun  Ezekiell  Needham 
my  Lav/full  Executor  shall  not  be  put  to  any  oath  or  oaths 

at  an3^  Court  or  any  man n  what  soeuer  then  her  I  haue 

set  according  to  min  one  valuation  of  my  holl  estate  &  if  this 
will  not  saue  him  from  any  oath  abou  —  it  he  shall  safly  swer 
that  II  y*  is  ||  all  my  holl  estat  I  hauing  firmly  giuen  him  as 
his  on  proper  o —  as  if  it  had  neuer  ben  min  so  son  as  euer 
y®  breat  is  out  of  my  bodj'^  &  I  quite  dead  an  I  rest  I  well 
knowing  y*  he  canot  giue  any  iust  oath  w*h  out  wronging 
his  Consienc  as  I  only  best  know  how  my  estate  lies  &  this 
min  on  valuation  or  inuentory  followes 

"first  all  my  housing  barn  &  out  housing  and  all  my  Lands 
w*h  all  the  chargs  of  ston  wall  fensing  &c,  40011.,  to  holl  peses 
of  bales  on  red  &  y*"  other  of  y*"  collar  of  a  Chesnut  on  or  to 
&  forty  yards  a  pece  at  y'^  lest,  121i.,  one  holl  peese  of  red 
peniston  on  or  to  &  forte  yards  long  at  y®  lest,  61i.,  3  par- 
selles  of  Canuis  ner  about  on  hundred  yards  &  other  parsells 
of  linen  cloth  &  Calico,  lOli.,  my  silluer  wach  &  siluer  box  & 
other  silluar  cupes  &  spoones  &  other  plates,  151i.,  my  Clock 
y*  strikes  &  another  wach  &  larum  that  dus  not  strike,  51i., 
sum  puter  sum  old  &  sum  new,  21i.,  sum  parselles  of  Carsies 
&  sum  parselles  of  serges  &  my  wering  Clothes,  261i.,  sum 
potes  &  ketelles  &  trumpes  &  Chestes  &  bedsteed,  71i.,  beds 
&  beding,  71i.,  debts  in  old  England  in  suffisient  Bonds  &  most 
in  abell  mens  hands  as  the  company  of  y^  marchant  aduen- 
torers  &  a  nother  loked  at  as  a  great  rich  Citizen  fit  for  an 
alldar  of  London  tho  they  do  what  they  can  to  deseue  us  y* 
is  to  say  my  brothers  &  sisters  to  whom  they  o  us  abou  three 
thousand  pounds,  60011.,  total,  1,09011.,  &  on  horse  y*  was 
forgot,  31i.,  &  4  coues  &  to  young  bulloks  forgot  allso,  171i., 
allso  20  sheepe  forgot,  71i.,  total,  1, 11711. 

"But  as  for  this  debt  in  old  England  y*  is  sumthing  un- 
sartain  what  my  to  aturnies  in  England  being  my  to  Brothers 
may  get  for  me  &  tham  sellues  w*h  sumthing  mor  y*  may  be 
coming  both  to  them  sellues  &  me  I  desier  to  leue  it  to  my 
Chilldren  in  y^  best  order  as  I  can  amungst  them  Thus  first 
I  institute  my  sun  Ezekiell  Needham  my  Lawfull  executor 
&  lawfull  aturny  in  this  in  this  busines  as  in  min  on  steed 
&  in  min  on  nam  as  in  mine  on  person  to  look  y'^  best  after 
it  as  posibell  he  can  &  what  euer  shall  com  ouer  of  it  w*h  y® 
charges  about  it  discharged  them  foreuer  twenti  pounds  y* 
shall  cum  thus  safe  in  to  his  hands  he  shall  pay  vnto  his  Brother 


306  SALEM    QUARTERLY    COURT  [June 

The  will*  of  Mrs.  Spooner  and  inventoryf  of  her  estate 
were  proved  and  allowed. 

Daniell  Needham  if  he  be  lining  six  pounds  &  to  his  sister 
Hanah  diuen  four  pounds  if  liuing  or  ells  y®  four  pounds  to 
hur  to  Chilldren  Hanah  armitage  &  John  diuen  if  they  be 
liuing  &  ther  mother  dead  or  ellse  to  to  ether  on  of  them  if 
on  should  be  liuing  &  y''  other  dead. 

"and  further  if  this  will  not  satisfi  any  Court  or  Courts 
man  or  men  what  so  euer  w*h  out  my  sun  Ezekiell  Needham 
my  Law  full  executornies  oath  to  my  wholl  estate  then  my 
will  is  that  my  sun  Ezekiell  Needham  my  Lawful  Executor  shall 
safly  mak  oath  y*  this  my  hoU  estate  I  hauing  fully  &  whoh' 
desposed  of  all  y®  rest  in  my  life  as  if  had  neuer  ben  min  for 
other  wise  I  can  not  se  how  he  shound  make  oath  w%  out 
ronging  his  Conscience  my  estat  lying  as  it  dus  w*=h  is  only 
best  known  to  myselfe."  Wit:  Rich.  WalkerJ  and  Ralph 
King.  I 

*Will  of  Elizbeth  Spoonert  of  Salem,  who  had  lived  "vnto 
owld  Age,"  dated  July  22,  1673,  and  proved,  26:  4  :  1677,  in 
court,  it  having  been  sworn  to  by  the  witnesses,  26  :  1  :  1677, 
before  Wm.  Hathorne,^  assistant:  ''I  giue  vnto  our  Reverant 
pastor  M'^  John  Higenson  fine  poundes  in  money:  &  to  M'' 
Nicolatt  forty  Shillings  in  Goods  &  I  doe  giue  vnto  my  Cusen 
Margitt  Rucke  at  boston  ten  pounds  &  to  my  Cusen  Thomas 
Clark  at  Cambridg  I  doe  Giue  fine  pounds  I  doe  Giue  vnto 
the  widow  Elisabeth  Owin  fine  pounds  I  doe  Giue  vnto  m}' 
thre  Grand  Chilldren  daftors:  Elisabath  osborn  &  Hanna 
Rucke  &  Sarah  Rucke:  all  my  linen  that  I  shall  leue  behind 
me:  to  be  Equally  devided  among  them  &  I  doe  giue  vnto 
my  young  Granchild  John  osborn  Juny"  too  siluer  spones: 
&  I  doe  giue  vnto  mj^  Grand  Chilldren  Hana  &  Sara  &  John 
&  Thomas  Rucke  Ech  of  them  A  siluer  spone:  &  The  Rest 
of  my  plate  to  be  devided  Amongst  them  fouer:  or  the  valewe 
thar  of  &  the  Rest  of  my  Estate  I  doe  leue  with  my  sonne 
Rucke  to  his  disscrestion  for  the  disposing  of  it  amonght  his 
fine  Children  Elisabeth  &  hanna  &  Sara:  &  John  &  Thomas 
w^h  he  had  by  my  dafter  Hanna  Sponner."  Her  son-in-law 
John  Rucke,  executor.  Wit:  Hannah  Rucke|  and  John 
Rucke,  jr. I 

flnventory  of  the  estate  of  widow  Elizabeth  Spooner,  taken 
Mar.  6,  1676-7,  by  Hilliard  Veren,  sr.|  and  Thomas  Rix,| 
and  allowed,  26  :4  :  1677,  in  Salem  court:  In  ye  Parlour, 
1  bed  bolster  &  2  pillows,  rugge  &  blanket ts  &  Curtains  and 
all  other  appertinances,  31i.  10s. ;    1  trundle  bed  with  all  apper- 

JAutograph. 


1677]  RECORDS    AND    FILES  307 

Inventory*  of  the  estate  of  William  Barber  was  brought 
in  by  EHzabeth,  the  relict,  who  was  appointed  administratrix, 
and  was  to  have  the  estate  for  her  necessary  use. 


tinances,  lU.  5s.;  1  table  &  Carpett  &  6  joyne  stools,  Hi.; 
11  Chaires  &  two  small  stooles,  16s.;    6  Turkie  Cushins,  12s.; 

1  pr.  Andierns  &  small  tongs,  4s.  6d.;  halle,  1  warming  pan, 
2s.  6d.;  2  chests  &  1  bord,  8s.;  waringe  Clothes  with  a  hat 
all  giuen  away,  41i.  10s. ;  7  yds.  searge  by  har  grand  Children, 
Hi.  2s.;  a  parcell  of  linning  yarn,  Hi.;  1  bedstead  settle  & 
rodds,  12s.;  kitchen,  doggs,  2  hakes,  2  spitts  &  tongs  &  slise 
&  old  brick,  12s.;  pewter,  16s.;  brasse,  2  candlesticks,  Chafen- 
dish  and  2  skimers,  skillet  &  2  kittles.  Hi.;   Iron  pots  &  Kittle, 

2  pr.  pothooks,  8s.;  tubs,  barrells,  payls,  trays  &  boales, 
1-2  bushell,  pck  &  1-2  peck,  Skales  &  weights,  1  pr.  bellows, 
with  all  other  wooden  ware  &  wooden  grater,  16s.;  ye  Childs 
Chamber,  1  bed,  boulster  &  2  pillows.  Hi.  15s.;  barly,  7s.  6d.; 
45  bushels  Ind.  Corn,  41i.  10s. ;  Chest  with  Iron  lumber  in  it, 
16s.;  Kings  Chest  and  waring  Clothes  31i.  10s.;  in  ye  parlor 
Chamber,  2  bedsteds  &  bedding,  with  ropes,  matts  with  ruggs 
&  blanketts,  21i.  5s.;  1  pillion  &  saddle,  12s.;  4  Cowes,  lOli.; 
1  pr.  oxen,  61i.  10s.;  4  swine,  Hi.  5s.;  ye  horse,  an  ould  one, 
Hi.  15s.;  3  Calves,  sucking,  Hi.;  body  of  a  cart  &  tumbrell. 
Hi.;  6  1-2  bush,  pease,  15s.  6d.;  2  Chaines,  10s.;  forkes  & 
rakes  &  iron  box  &  all  other  trifling  Lumber,  5s.;  1  barrell 
sider,  12s.;  beefe  &  porke,  21i.;  plate,  61i.  7s.  4d.;  cash, 
121i.  15s.;  linen,  31i.  15s.;  the  dwelling  house,  out  hous- 
ing, orchards  &  in  all  about  7  acres  of  land  adjoining,  llOli.; 
about  4  acres  called  Cotta's  lott,  401i.;  1  acre  3-4  of  marsh 
&  about  5  acres  of  upland  in  the  south  feild,  161i.;  3-4  an 
acre  of  marsh  in  ye  north  feild,  61i.;  about  34  acres  of  upland 
in  the  north  feild,  40H.;  total,  2931i.  4s.  4d.  Debts  due,  91i. 
12s.  4d.  Debts  due  from  the  estate:  to  legases  given  as  by 
will,  271i.;  to  what  was  laid  out  &  spent  at  the  funerall  for 
mornings  &  other  wayes,  221i.  9s.  6d. ;  debts  &  Rattes  to  pay, 
151i.  12s.;  to  har  waring  Clothes  given  away  by  her  Grand- 
children to  poor  folk,  41i.  10s.;   total,  691i.  Us.  6d. 

♦Inventory  of  the  estate  of  William  Barbar,  taken  by  Rich. 
Knott, t  Robert  Bartlettf  and  John  (his  mark)  Martayn, 
and  allowed,  29  :  4  :  1677,  upon  oath  of  Elizabeth,  the  widow, 
in  Salem  court:  one  Kow,  21i.  15s.;  one  Horse,  Hi.  10s.;  one 
old  Sadell  &  2  old  Bridles,  6s. ;  one  sord  and  Belt  and  powder 
&  bullets,  10s.;  To  a  snapt  sack  and  Bullett  molds,  2s.;  Beed 
and  Furnetture,  61i.;    Wearing  Cloaths  and  Hatt  and  Shirts 

fAutograph. 


308  SALEM    QUARTERLY    COURT  [June 

John  Fuller  dying  intestate,  administration  upon  his  estate 
was  granted  to  Rebecka,  his  wife,  who  made  oath  to  an  in- 
ventory. Court  approved  of  the  disposal  of  the  estate  accord- 
ing to  the  mutual  consent  of  the  persons  concerned  as  appeared 
by  a  writing  brought  in  to  court. 

Mr.  Tho.  Gardner,  sr.,  brought  in  an  inventory*  of  what 
he  found  more  of  John  Cole's  estate  since  he  carried  in  the 
first  inventory  to  Ipswich  court. 


Hi.;  2  Chests,  one  Table  and  A  small  Box,  IH.;  2  potts,  one 
Brass  skillett  &  a  frying  pan.  Hi.;  puter  platers  &  potts  and 
porrengers,  lU.  2s.;  a  standing  Cubbard,  8s.;  Books  and  a 
bible,  5s.;  a  payle  &  wooden  Dishes  and  Trenchers,  And 
2  earthen  potts  and  a  Tray,  5s.;  one  old  pillion  and  an  axe 
and  two  smoothing  Irons  and  fire  shoufell  and  other  old  Lum- 
ber, 10s.;  land  lying  in  the  bounds  of  Dorchester  as  praysed 
by  a  former  Inventory,  91i.;  total,  251i.  13s.  Debts  to  be 
paid,  81i.  2s.  6d.  Due  to  be  paid  to  Goody  Farnenum,  31i. 
8s.;  to  Richard  Knott  of  Marblehead,  2U.;  to  Joseph  Fiske 
of  Line,  Hi.;  to  Michell  Bouden,  lU.  7s.  6d.;  to  John  Leeg, 
6s.;    total,  81i.  2s.  6d. 

*The  estate  of  John  Colle  debtor  to  several  since  the  de- 
livering into  Ipswich  court  of  the  account  by  Thomas  Gard- 
ner, sr.,  the  administrator,  to  be  added  to  the  inventory:  to 
Alice  Peach  for  house  Rent,  Hors  Hier,  Beefe  &  Cabagges, 
21i.  18s.  6d.;  to  Doctor  Knott  for  Phisick  &  Tendance  as  his 
Bill,  2h.  4s.;  to  Doctor  Wells,  21i.  lis.  3d.;  to  Richard  Reith, 
2H.  16s.  4d.;  to  Richard  Norman  for  diet  &  drink,  2H.  4s. 
lid.;  to  John  Michels  wife  &  daughter  for  the  Childs  diet 
&  Tendance,  Hi.  Is.;  to  Joseph  Edmonds  which  he  undertook 
to  pay  for  Richard  Hull,  Hi.  2s.;  to  Edward  Reed  for  digging 
the  Grave,  5s.,  and  to  the  Ferry  Man,  4s.;  to  WilHam  Bigg- 
ford  to  Ballanc  his  Account,  31i.  Is.;  to  15s.  in  A  Gun  for 
Makeing  of  Sayles  to  the  saied  Biggford,  15s.;  to  Mr.  John 
Battle  of  Boston  by  Agreement  with  the  Administrator,  31i.; 
to  John  Dollen  upon  an  Arbitration  with  the  Administrator, 
31i.  10s.;  to  Robert  Hobs  for  Triming  the  Boat,  8s.;  to  William 
Forde  for  Salt  Received  by  William  Biggford,  Hi.;  to  Mr. 
John  Deverike  for  three  Barrills,  9s.;  to  James  Dennis,  21i. 
Is.  3d.;  total,  301i.  3d.  The  estate  of  John  Colle,  Creditor: 
to  fish  Received  as  his  share  of  the  smale  Boat  he  kept  out, 
llli.  4s.  Id.;  fish,  llli.  4s.  Id.  at  15s.  p.  Quint  &  in  hake  & 
Refus  Cod,  4h.  lis.  7d.;  45  Quintalles  of  Merchantable  Fish 
at  16s.  p  Quintall,  161i.  16s.;  to  12  Quintales  &  1  qtr.  of  Mer- 
chantable Cod  at  16s.  p.,  lOli.  3s.  8d.;   to  3  blls.  of  Mollasses 


1677]  RECORDS   AND    FILES  309 

The  will  and  inventory*  of  the  estate  of  widow  Charles  were 
proved  and  allowed. 

Returned  by  John  Gardner  For  fish  Adventured,  31i.  12s.; 
By  a  Quarter  an  Acer  of  Ground  &  left  in  the  hand  of  Thomas 
Junior  being  bought  of  him  to  satisf}'  his  debt  he  Returning 
the  surplus,  61i.;  1  pr.  of  Smiths  Bellowes  &  An  Iron  Kettle 
&  small  Anvill,  2U.;   total,  541i.  7s.  4d. 

Payed  by  the  Administrator  out  of  the  Estat  of  John 
Colle,  deceased,  since  Ipswich  court  last:  to  Mr.  John  Fair- 
weather,  ISli.  18s.,  he  being  15s.  in  debt,  13H.  18s.;  to  Henery 
Wolfe  of  Boston  Baker,  4U.  14s.;  to  Mr.  John  Higerson  of 
Sallem,  371i.  12s.  4d.;  to  AHce  Peach,  21i.  18s.  6d.;  to  Doctor 
Knott,  2H.  4s.;  to  Richard  Reith,  2h.  16s.  4d.;  to  Richard 
Norman,  2h.  4s.  lid.;  to  John  Michell,  Hi.  Is.;  to  Joseph 
Edmonds,  lU.  2s.;  to  Edward  Read  &  the  Fery  man,  9s.;  to 
William  Bigford,  3H.  10s.;  to  him  A  Gune,  15s.;  to  Robert 
Hobs,  8s.;  to  William  Ford,  lU.;  to  Thomas  Gardner,  jr., 
41i.  16s.;   total,  741i.  13s.  Id. 

*Inventory  of  the  estate  of  widow  Charles,  deceased,  Dec. 
21,  1676,  taken  by  Moses  Maverickef  and  Samll.  Ward:t 
1  petticoat  &  wascoat  &  1  iron  small  ketle.  Hi.  10s.;  1  gowne 
&  1  cloake,  Ih.;  1  old  felt,  2s.  6d.;  1  old  cloke  &  apron,  2s. 
6d.;  1  mans  wt.  wascoat  &  1  Frying  pan,  10s.;  1  women's  coat, 
2s.  6d. ;  suit  &  more  old  cloths,  Hi.  10s. ;  Her  Bed  &  covering, 
51i.;  1  old  warming  pan,  5s.;  2  brass  ketles,  Hi.  3s.;  1  tin 
ketle,  Is.;    1  iron  skellett,  4s.;    1  tongs  &  old  fire  shovel,  3s.; 

1  small  old  Frying  pan,  Is.  6d.;  Wooden  Lumber,  15s.;  1  old 
dimicaster,  5s.;  1  small  brass  ketle,  4s.;  1  ketle  of  brass, 
5s.;    2  iron  potts  &  3  pot  hooks.  Hi.;    1  iron  trammell,  4s.; 

2  old  Bibles,  10s.;   total,  151i.  7s. 

Mary  Dennis,  aged  about  thirty-three  years,  deposed  that 
being  with  her  aunt  Charles  in  her  last  sickness,  she  told  her 
on  the  day  she  died  that  she  would  like  to  make  her  will  and 
wished  to  have  deponent  look  after  her  burial.  That  "after 
her  death  she  did  give  unto  her  sister  Tryphena  Geer,  her 
gowne  &  cloake,  &  to  Tryphena  Fairfeild  her  daughter  her 
red  kersey  petticoat  and  wescoat,  &  the  litle  iron  ketle  and  to 
John  Fairfeild  her  husbands  w*  wascoate  &  y^  Frying  pan,  &  to 
Sarah  Fairfeild,  a  flannel  petticoat,  and  to  Goodw:  Gold- 
smith an  old  cloak  &  1  apron  and  to  Goodw:  Haggett,  her 
felt  hatt,  And  to  Mary  Dennis  jun''  her  warming  pan,  to  James 
Dennis,  jun^  the  2  Bibles,  to  Acnes  Dennis,  her  Iron  trammell, 
fire-pan  &  tongs:  to  Agnes  Dennis  her  Bed  and  Covering 
belonging  to  it,   and  to   Robert   Charles   his  two   daughters 

tAutograph. 


310  SALEM    QUARTERLY    COURT  [June 

The  will*  and  inventory  of  the  estate  of  John  Hathorne 
were  proved  and  allowed. 

fifty  shillings  a  peice,  to  be  paid  to  him  when  he  came  over 
for  it"  and  she  desired  to  settle  her  accounts  and  what  was 
left  she  gave  to  deponent.  James  Dennis  and  his  wife  Mary 
were  appointed  administrators. 

*Will  of  John  Hathorne,t  dated  Lynn,  Oct.  19,  1676,  and 
proved,  27  :  4  :  1677,  in  Salem  court:  "I  doe  will  and  ap- 
poynt  that  all  my  Just  <fe  honest  debts  that  I  doe  owe  w*h  the 
most  &  principall  thereof  according  to  my  best  memorj'^  I 
haue  inserted  in  a  list  left  for  direction  therein  that  they  may 
bee  honestly  &  dulj^  paid:  out  of  my  estate,  &c.  And  as  for 
the  remaynder  of  mj^  little  estate  I  bequeath  viz  It  I  hauing 
foure  old  fetherbeds.  I  giue  &  bequeath  vnto  my  foure 
children,  each  of  them  one  with  ||  a  Couerlett  |1  a  blankett. 
bolster  pillow.  &  what  else  thereto  belongeth :  And  my  daughter 
Called  marah  to  haue  the  choice  in  the  first  place.  And  my 
little  daughter  Phebe.  next  And  my  son  Ebenezer  Hathorne 
next  &  my  son  Nathaniell  Hathorne.  in  the  next  place  being 
younger  It.  I  giue  vnto  my  daughter  Marah  the  new  Red 
Rugg.  And  as  for  my  houshold  stuff,  viz.  My  Brasse  & 
pewter.  &  Iron  vessels  my  will  is  that  it  bee  equally  diuided 
among  them  all  according  to  y^  discretion  of  prudent  freinds 
in  conuenient  time  only  whilest  the  prouidence  of  god  shall 
Continue  them  together  ||  to  use  al  together  ||  Only  that  my 
daughters  Marah  &  Phebe  shall  haue  each  of  them,  one  large 
new  platter:  beside  or  before  diuision  bee  made  Item  I  giue 
vnto  my  son  Nathaniell  a  flock  bed  y*  I  haue.  least  his  p* 
aforesaid  of  bedding  may  not  bee  soe  good,  as  y''  rest,  &c. 
It  I  giue  all  my  housing  and  land  vnto  my  two  sons.  Ebenezer 
and  Nathaniell  to  be  equall  betweene  them,  if  it  be  the  good 
pleasure  of  god  to  Continue  them  &  to  giue  them  Issue  but 
if  it  bee  his  good  pleasure  to  take  either  of  them  out  of  this 
world  without  Issue,  then  that  part,  to  fall  &  belong  to  that 
son  suruiuing  &  living.  But  in  case  it  should  bee  the  pleasure 
of  the  lord  to  take  away  both  my  sons  aforesaid:  without  any 
Issue.  Then  my  will  is  That  my  housing  &  lands  goe  &  belong 
to  my  two  daughters.  Marah  &  Phebe,  Equally.  I  giue  vnto 
my  two  Sons  aforesaid,  my  two  working  Bullocks  each  of  them 
one.  together  with  my  utensels  for  husbandry  as  also  a  steere 
&  a  heifer  one  to  one,  &  the  other  to  the  other 

"I  giue  vnto  my  two  daughters,  to  each  of  them  one  Cow: 
I  giue  vnto  my  two  daughters,  to  each  of  them  one  standing 
or  high  Cubbard  and   Marah  to  haue  the  choyce  of  them     I 

fAutograph  and  seal. 


1677]  RECORDS    AND    FILES  311 

giue  to  my  daughter  Phebe,  the  finest  Hollon  sheete  I  giue 
to  my  two  sons  each  of  them  a  Table  cloth  of  flaxon  cloth 
I  giue  my  two  sons  each  of  them  a  p'^  of  sheets  &  a  p'"  of  pillow- 
bers  &  halfe  a  dozzen  of  Napkins  I  giue  vnto  my  two  daugh- 
ters the  rest  of  my  Linnen  to  be  diuided  equally  betweene 
them  in  a  conuenient  tyme.  I  giue  vnto  my  foure  children 
each  of  them  one  table  I  giue  vnto  my  foure  children  each 
of  them  one  Chest.  I  giue  vnto  my  daughter  Priscilla  Shore 
out  of  my  estate  as  a  remembrance  of  my  loue  the  sum  of 
Fourty  shillings  I  giue  vnto  my  Granchild  Phebe  Shore  y^ 
sum  of  Twenty  Shillings  I  giue  vnto  my  daughter  Marah 
y^  bedsted  y*  I  &  my  wife  ly  on  I  giue  vnto  my  foure  children 
aforesaid  my  horses  &  horse  kind  that  are  abroad  to  be  sold 
&  then  their  value  to  be  diuided  Equally  amongst  them  all 
I  giue  vnto  my  two  Sons  Ebenezer  &  Nath^  my  Gray  horse 
I  doe  appoynt  &  ordein  my  welbeloued  &  deare  wife  ||  Sarah 
Hathorne  ||  to  bee  my  executrix  to  this  my  last  will  &  testa- 
ment and  my  Son  Ebenezer  Hathorne  as  Executor  with  her 
hereunto:  And  doe  heereby  bequeath  &  order  this  &  my 
whole  estate  to  bee  to  her  use  &  Comfort  for  the  tyme  of  her 
naturall  life  without  Contradiction  by  any,  &c.  It.  I  doe 
ordeine  &  desire  my  louing  &  respected  freinds  &  neighbours: 
John  Fuller,  Thomas  Newhall  &  OHuer  Purchis  to  bee  my 
ouerseers  of  this  my  last  will  &  testament  earnestly  desiring 
them  not  only  to  bee  my  ouerseers  but  also  to  be  of  assistance 
&  helpfull  to  mj'  deare  &  welbeloued  wufe  aforesaid  &  my 
children  that  they  may  with  more  Comfort  &  cheerfulnes, 
be  holpen  forward  in  their  busines,"  &c.  Wit:  Robert  (his 
mark)  Purges  and  Oliver  Purchis.*  Sworn  by  the  witnesses, 
at  Linn,  26  :  1  :  1677,  before  Thomas  Danforth,*  assistant. 

Inventory  of  the  estate  of  Mr.  John  Hathorne,  deceased, 
taken  Feb.  21,  1676,  by  Quartermaster  Thomas  (his  mark) 
Stocker  and  Robert  (his  mark)  Purges,  both  of  Lynn,  and 
allowed  upon  oath  of  Sarah,  the  relict,  27  :  4  :  1677,  in  Salem 
court:  his  chvelling  house  with  the  outhouses  Parne  &  stals 
&  stable  with  the  Orchard  adjoyning  &  the  land  lying  to  it 
by  estimation  3  acres  more  or  less,  601i. ;  Two  acres  of  Marrish 
in  Rumnej^  Marrish  in  ye  lower  devidend,  81i. ;  a  pcell  of  land 
Commonly  Called  Ploods  lott,  6  Acres,  151i. ;  3  Ten  acre  lots 
neere  Thaddeus  Prann,  61i.;  5  acres  of  vacant  land  Called 
Burchams  land,  21i.;  7  Cattle,  viz.  2  Oxen,  3  Cowes,  &  2 
younger  Cattle,  211i.  10s.;  13  sheep,  31i.  18s.;  A  Cart,  & 
wheels,  a  sled,  j^oke  &  Copling  &  other  appurt.  as  chajme 
&  Ladders,  &c.,  21i.;  old  Iron  &  Lumber  of  Iron,  8s.;  2  pr. 
Andirons,  2  potracks  &  a  fire  shovell  &  tongs.  Hi.;  9  Iron 
Vessells,  pots.  Kettles,  morters,  1  pestl.,  2  pothooks,  21i.  10s.; 

*  Autograph. 


312  SALEM    QUARTERLY    COURT  [June 

1  Great  Iron  Fornace  pan,  21i.;  a  Jack,  &  two  spits  &  two 
smoothing  Irons,  Hi.  10s.;  Brasse  Vessels,  1  pot,  2  pans,  1 
Skillett,  1  Skimmer,  21i.;  pewter  vessells,  all  new  &  old,  31i.; 
Tinsey  Vessels,  4s.;  plate,  2  Cups  &  spoones.  Hi.;  1  Brasse 
Chaffing  dish  &  1  old  warming  pan,  5s.;  1  Fether  bed  &  bolster 
with  ye  bedsted  &  1  fether  pillow  with  ye  Blankets  &  Coverlett 
&  Curtaynes,  71i.;  1  Trundle  bed  with  a  fether  bed,  1  fether 
pillow  with  a  flock  bolster,  with  ye  blankets  &  Coverlett, 
31i.;  1  fether  bed,  1  fether  pillow,  a  flock  bolster,  with  ye 
Coverings,  Bedsteed  Vallens  &  old  Curtaynes,  61i.  10s.;  1 
Fether  bed,  fether  bolster,  1  pillow  with  Coverings  &  bedsted 
with  vallens  &  Curtaynes,  91i.;  1  Flockbed,  2  fether  pillowes 
&  two  Coverings  &  bedsted  &  one  blankett,  31i.  10s.;  1  Livery 
Cubbart,  Cubbart  Cloth,  Cushion  with  a  long  table  &  1  one  old 
Carpett,  41i.;  1  Table,  12s.;  8  yds.  wool  cloth,  4s.  p  yd.,  3 
yds.  3-4  Lynsey  woolsey  at  3s.  p.,  21i.  3s.  3d.;  To  a  Red  Cradle 
Rugg,  6s.;  Wearing  apparrell  of  woollen  &  a  hatt  of  his,  81i.; 
Linnen  of  his  wearing  also.  Hi.;  a  pr.  of  bootes  well  worn, 
10s.;  seaven  payre  of  sheets,  71i.;  5  Table  clothes  &  a  fine 
sheet,  6H.  10s.;  14  pillowbers,  31i.;  13  Napkins,  Hi.  6s.;  18 
Napkins,  21i.  5s. ;  2  pr.  of  old  sheets,  1  old  pillowber  &  3  Towels, 
Hi.  4s.  a  bundle  of  childs  Linnen,  3h.;  4  lb.  &  1-2  of  Combed 
Wool,  1  old  sheet  &  a  pr.  old  drawers,  10s.;  2  Guns,  2  pistols 
&  a  Cutlas  &  belt,  31i.;  40  bushels  of  Indian  Corn,  61i.;  22 
lb.  of  Linnen  yarn,  2s.  p.  lb.,  &  9  lb.  of  woolen,  2s.  p.,  31i.  2s.; 
40  lb.  of  wool,  21i.;  34  lb.  of  Tallow  Rough  &  tryed  4d.  p  lb., 
lis.  4d.;  an  old  pillion  &  pillion  cloth,  an  old  saddle,  brest 
plate,  a  payre  of  new  Bits  &  a  Curb  bridle.  Hi.  10s.;  a  Small 
Hatt,  3s.;  17  lb.  of  yarne  more,  linnen  &  Cotton  at  2s.  6d. 
p.,  21i.  2s.  6d.;  2  lb.  of  Red  hose  yarn  at  3s.  6d.  p  &  10  lb. 
Tallow,  8s.  4d.;  3 wheels,  1  p  wool  &  2  p  Linnen  &  a  Sweep,  lis.; 

2  Swine  shoats.  Hi.;  2  pr.  Cards,  3s.  6d.;  4  Chests,  one  Trunke, 
one  Small  Table,  Hi.  10s.;  A  livery  Cubbart  &  two  small 
Boxes,  Hi.  10s.;  two  old  bibles  &  a  parcell  of  bookes,  old, 
15s.;  one  Table,  10s.;  a  long  Table,  two  Fourms,  &  a  Carpet 
to  ye  table,  3li.;  a  Livery  Cubbart  with  Cloth  &  a  lined 
board,  15s.;  a  short  rope,  a  horse.  Collar  &  Traises,  9s.;  3 
dozn.  trenchers,  2s.;  &  2  hand  brushes,  2s.;  3  forkes  &  a 
shovell,  5s.;  Flax  dressed  &  undrest,  14s.;  two  pr.  small 
Scales,  Iron  Beam,  weights,  earthern  potts,  small  stone  Juggs 
&  Glasse  bottles,  10s.;  a  churne,  a  small  Butter  Tubb,  2 
Cheese  fatts  &  one  wooden  Bole  &  two  Trayes,  10s. ;  Beefe  & 
porke,  4li.  10s.;  Two  Barrels  of  Sydar,  Hi.;  Cheeses,  5  small 
ones,  5s.;  2  old  chayres  &  payles  &  some  such  Lumber,  10s.; 
2  meale  sives,  2s.;  5  Barrels,  10s.;  2  Runlets,  3s.;  2  wooden 
bottles,  2s.;  Two  wrought  Cushion  Coverings,  10s.;  horses  and 
horse  kind  in  number  eleven  yt  many  of  them  have  not  beene 
scene  together  this  twelve  months,  22h.;  total,  2631i.  6s.  lid. 


1677]  RECORDS   AND    FILES  313 

Nathaniell  Putnam,  presenting  a  writing  for  settling  his 
daughter  Elizabeth's  estate  which  was  drawn  up  by  the  mu- 
tual consent  of  parties  concerned,  it  was  allowed  and  con- 
firmed.* 

At  Lynn,  Oct.  19,  1676,  a  list  of  accounts,  taken  from  Mr. 
John  Hathorn's  own  mouth,  by  Oliver  Purchis,t  of  debts  due 
from  and  to  him  according  to  his  best  memory  as  he  did  then 
express  being  on  his  sick  bed,  when  he  made  his  will:  from 
Mr.  Richard  Cutts  or  his  executors  as  by  a  bill  to  Leiutennt. 
John  Oilman,  for  2,000  boards  not  received  although  de- 
manded, 41i.;  from  Bonney  Cowell  three  &  four  pounds  &  to 
write  to  Mr.  Moodee  to  take  care  of  both;  from  Mr.  John 
Todd  of  Rowley,  30s.;  from  Mr.  Joseph  Jewet's  executors, 
31i.;  from  Mr.  Seaborn  Cotton  of  Hampton,  who  is  to  pay  it 
to  Capt.  George  Corwin,  151i.;  from  Mr.  John  Ruck,  sr., 
if  he  pay  lOli.  5s.  for  Thomas  Looke,  sr.;  from  Quartermaster 
Thomas  Stocker,  about  4  or  51i.;  from  Monseiur  John  Divan 
about  61i.  which  he  is  hereby  assigned  to  Capt.  Marshal; 
from  Thomas  Looke,  sr.,  about  40s.,  besides  Mr.  Ruck's 
account;  from  Oliver  Purchis  who  is  to  be  examined  about 
an  old  bill  to  Captayne  Savage  &  a  bill  of  121i.  Debts  due: 
to  Capt.  George  Corwin,  251i.;  to  Mr.  Batters,  14s.;  to  Thomas 
Newhall,  sr.,  31i.  9s.;  as  for  Mr.  William  Bartholmew  when  I 
paid  him  201i.  p  Mr.  Bennett  then  we  were  even;  at  Mr. 
Bennett's  arbitration,  Mr.  Bartholmew  sent  me  word  that 
he  would  pay  me  lOli.  for  Mr.  Bennett;  I  had  a  Barrell  of 
Rhum  of  Mr.  Bartholmew  for  which  I  paid  him  40s.,  so  there 
remained  due  to  him  7s.  6d. ;  at  one  election  time  I  scored  with 
him,  18s.;  I  had  of  him  a  Barrell  of  Fyal  wine  for  which  I 
paid  him  21i.  15s.  and  a  bill  of  Mr.  Jno.  Bennet's  hand  of  40s.; 
to  Major  Thomas  Clarke,  41i.;  to  Mr.  Kellum,  what  the  sum 
is  I  know  not  but  if  hee  give  the  full  price  for  the  wood  it 
will  not  be  much;  to  Major  Thomas  Savage,  lOli.;  to  Mr. 
Coalman,  18s.;  to  Thomas  Fitts,  shoemaker,  8s.;  to  Capt. 
John  Corwin,  who  had  Mr.  John  Blano's  bill  for  20  cord  of 
wood,  which  he  accepted  as  I  understood  for  he  took  the  bill 
and  received  part  of  the  pay  and  had  of  mee  a  Cow  of  late 
time  which  I  judge  worth  41i.;  to  Mr.  William  Browne,  sr., 
of  Salem,  I  owe  a  debt. 

^Agreement,  dated  Mar.  22,  1677,  between  Nathanell 
Putnamf  and  his  daughter-in-law,  Eleisabeth  (her  mark) 
Putnam:  "The  said  Nathenniell  Puttnam  hath  giuen  unto 
his  daughter  The  dwelling  house  with  Twelve  ackers  of  land 
and  tow  ackers  of  medow  to  Bee  layed  outt  Conueniently 

+ Autograph. 


314  SALEM    QUARTERLY    COURT  -  [June 

Henry    Dispaw's    will*    and    inventory    were    brought    into 
court  and  approved. 

to  the  dwelling  house  for  euer  allsoe  the  said  nathenniell 
puttnam  doth  giue  unto  her  the  fenced  feild  with  the  Broken 
land  and  all  the  improuement  of  itt  soe  long  as  she  Hues, 
prouied  That  his  daughter  pay  or  Caues  to  be  paide  the  full 
summe  of  twentie  pounds  in  current  pay:  to  hir  daughter 
Eleisabeth  Puttnam  if  she  Hue  to  be  eighteene  yere  of  age: 
Alsoe  The  saide  natheinnel  puttnam  doth  giue  to  his  daughter 
fouer  ackers  of  medow  mor  in  prices  medow  for  her  life  time 
And  the  saide  nathennel  puttnam  doth  Consent  that  his 
daughter  shall  haue  all  the  Rest  of  the  estat  And  he  doth 
giue  her  his  debts  And  for  the  Tru  performance  of  this 
Agreementt  of  ouers  Bettween  us  we  haue  interchangeablly 
sett  unto  our  handes  And  that  the  house  and  land  Be  made 
ouer  for  the  paiment  of  the  aboue  said  twenntey  pounds  to  her 
ChiUd:  And  the  Rest  of  the  land  to  be  att  the  Aboue  said 
nathennil  Puttnams  disposeing.  the  other  lands  not  men- 
tioned are  to  returne  to  nathell  putnam."  Wit:  Richard 
(his  mark)  Leech,  Thomas  FuHerj  and  Joshua  Rea.f  Reg- 
istered with  ye  records  for  Wills  &  Inventorys  in  Lib.  1,  folio 
50. 

*WiH  of  Hinere  (his  mark)  Despaw,  dated  Feb.  27,  1674, 
and  proved,  26  :  4  :  1677  by  John  Floyd  and  Sarah,  his  wife, 
in  Salem  court:  "Afftor  my  decese  my  wiH  is  that  my  dutte- 
foll  sonn  hinnery  shaU  have  Alle  my  part  of  the  bond  of  five 
hundred  pounds  of  lafoll  monie  of  Ingland  being  the  forfit 
for  non  paing  of  my  waggis:  and  Allso  my  will  is  that  my 
sonn  Edward  shall  have  outt  of  thes  bond  forty  shillines 
and  the  half  of  my  Clothes  and  If  any  shall  aske  the  Resin 
whi  I  Geve  hinery  so  much  and  nott  doo  no  mor  for  Edword 
it  is  becaes  hinery  hath  bene  at  a  grate  dealle  of  trobell  with 
me  in  tim  of  my  lamenis  and  siknis  and  Alle  soe  my  will  is 
that  my  lovin  atorne  John  Floyd  shall  be  satisfied  for  his 
trobell  at  Cortee  too  Recover  my  Right  of  John  write  John 
Gifford  and  Ezekell  Fogg:  and  for  the  performance  of  this 
my  will  I  doe  Anomant :  &  ordayne  my  loving  sone  hinery  too 
be  my  Exceketer  and  I  doe  chues  my  lovin  frind  John  Floyd 
too  be  my  overser  of  this  my  wiH."  Wit:  John  Floydf  and 
Sarah  Floyd.f 

Inventory  of  the  estate  of  Henry  Dispaw,  sr.,  of  Lynn, 
taken  by  Samuel  Stockerf  and  John  (his  mark)  Chilson,  and 
allowed,  26  :4  :  1677,  in  Salem  court:  two  old  Coates  &  a 
payre  of  Breeches,  10s.;    his  old  Hatt  &  all  he  had.  Is.  6d.; 

t  Autograph. 


1677]  RECORDS    AND    FILES  315 

The  will*  and  inventory  of  William  Woodbery,  deceased,  was 
brought  in  to  court,  the  witnesses  not  serving,  only  one  who  was 
not  able  to  appear.  Mr.  Hugh  Woodbery,  in  behalf  of  himself 
and  his  brother  Nicholas,  was  bound  upon  condition  that  his 
mother,  the  relict  of  deceased,  should  be  maintained  during  her 
life,  and  then  the  will  should  be  fulfilled  according  to  the 
contents.     Court  ordered  the  will  confirmed  and  alloAved. 

his  bed  which  was  all  declared  &  no  thing  belonging  thereto 
was  his  &  an  old  flock  bed,  Hi.;  one  shirt,  6s.;  a  pair  of  old 
stockings  &  shooes,  Is.;  Two  Linnen  Neckclothes,  2s.;  one 
Black  Sattan  Capp,  2s.;   total,  21i.  2s.  6d. 

To  his  one  halfe  pt.  of  50011.  bond  due  from  John  Wright, 
John  Gifford  &  Ezekiell  Fogg,  for  forfeiture  of  non-payment 
of  his  wages,  25011. 

*Will  of  William  (his  mark)  Woodberrj^,  the  elder,  dated 
5:4:  1663,  and  proved,  26  : 4  :  1677,  in  Salem  court,  all 
the  witnesses  having  deceased,  save  one  who  could  not  appear: 
"Imprimis  I  giue  and  bequeath  vnto  my  wife  Elizabeth  my 
Dwelling  house  with  the  land  adioj'ning  vnto  it  as  allso  what- 
soeuer  other  Land  I  Doe  posesse  and  enioy,  saue  what  I  shall 
except  in  this  I  will  to  giue  vnto  my  sonne  William.  It: 
I  giue  vnto  my  said  Wife  all  my  household  stuffe  and  other 
goods  debts  Dews  Cattle  or  whatsoeuer  elce  aperteines  vnto 
my  wife  paying  these  Legacyes  here  under  expressed.  It:  I 
giue  vnto  my  eldest  sonne  Nicholas  twenty  shillings  It:  I 
giue  vnto  my  sonne  William  ten  shillings  as  allso  fiue  akers 
of  land  Avhich  lyes  nere  snake  hill  and  adioynes  vnto  ten  akers 
of  his  owne  It  I  giue  vnto  ray  sonne  Andrew  &  Hugh  my 
sonne  Isacke  and  Daughter  Hannah  Haskels  to  each  of  them 
ten  shillings  the  piece  Constitutetinge  &  ordeining  my  said 
wife  Elizabeth  sole  Executrix  of  this  my  will."  Wit:  John 
Thorndike,t  Nicholas  (his  mark)  Pache  and  Richard  (his 
mark)  Brackenbury. 

Inventory  of  the  estate  of  William  Woodbery,  aged  about 
eighty-eight  years,  deceased  29  :  11  :  1676,  appraised  by 
William  (his  mark)  Dixsj^  and  John  Hilhf  cotes.  Hi.;  lining 
cloth,  21i.  16s.;  ticking,  12s.  6d.;  shets  and  shirts.  Hi.  12s. 
8d.;  4  yds*  of  carsy,  1  li.  4s.;  yards  and  3  quarters  cloth, 
lis.;  bags,  15s.;  4  yards  sad  colerd  cloth,  18s.;  12  yds. 
penisstone.  Hi.  16s.;  to  yards  coten,  6s.;  one  paire  stockings, 
2s.;  bed  and  furnituer,  31i.;  plators,  5s.;  brass  pots,  12s.;  3 
kitells.  Hi.  Debts,  clue  from  Nicolas  Woodbere,  ISli.;  from 
Hugh  AVoodberre,  41i.  9s.;  from  Hana  Bradford,  21i.  2s.; 
from  John  Patch,  Hi.  10s.;  monney,  31i.;    total,  451i.  lis.  2d. 

fAutograph. 


316  SALEM    QUARTERLY    COURT  [June 

Thomas  Thurley  had  license  granted  him  to  draw  and  sell 
beer  and  cider  for  the  ensuing  year. 

Fines   brought  in   by   Major   Hathorne   since   June,    1676: 

Joseph  Armitage,  for  being  drunk. 

Mr.  Hardin  of  Beverly,  for  being  distempered  with  drink. 

John  Belhash,  for  receiving  stolen  goods  and  encouraging 
others. 

Thome  and  his  wife,  to  be  whipped. 

George  Williams,  for  taking  a  horse  of  a  man  at  Wenham. 

A  Frenchman,  for  being  drunk. 

Wm.  Shaw,  for  swearing  and  cursing. 

James  Shaw,  for  the  third  time  being  in  drink. 

Gilbert  Taply,  for  breach  of  the  peace. 

Peeter  Burnet,  for  drunkenness  and  swearing. 

Martin  Hale  (also,  Hall),  miller,  of  Beverly,  and  Ralph 
EUenwood,  his  man,  for  taking  too  much  toll. 

Mr.  Batter,  for  rescuing  his  horse  after  it  was  impressed. 

Jacob  Pudeater,  for  not  assisting  the  constable. 

Nicho.  Mory,  Mr.  Cromwell's  man,  for  stealing  a  pig,  and 
Greeneslad,  for  joining  with  him,  and  Best,  the  currier,  for 
having  it  roasted  in  his  house. 

Isabella  Pudeater  was  fined  by  Major  Hathorne  for  being 
drunk  the  fourth  time  and  was  ordered  to  be  severely  whipped. 

Warrant,  dated  27  :  4  :  1677,  for  appearance  of  Thomas 
Cox,  for  often  being  drunk  and  swearing,  with  witnesses, 
Thomas  Rix  and  James  Dalin. 

Summons,  dated  27  : 4  :  1677,  to  witnesses,  Christopher 
Babadg  and  John  MascoU,  jr.,  in  Richard  Bradway's  pre- 
sentment, signed  by  Hilliard  Veren,*  cleric,  and  served  by 
Samuel  Balch,*  constable  of  Beaverly,  who  returned  that 
he  could  not  find  said  Bradway  and  did  not  know  where 
the  witnesses  dwelt. 

Warrant,  dated  27  : 4  :  1677,  for  appearance  of  George 
Michell  for  living  from  his  wife  who  was  in  England,  signed 
by  Hilliard  Veren,*  cleric,  and  served  by  John  Stassy,*  con- 
stable of  Marblehead,  who  returned  that  said  Michell  was  at 
sea. 

Venire,  dated  May  21,  1676,  for  trial  jury  and  grand  jury- 
men from  Salem,  also  summons  to  the  selectmen  for  neglect- 
ing their  duty  in  not  choosing  several  discreet  persons  to  take 

*  Autograph. 


1677]  RECORDS   AND    FILES  317 

Court  held  at  Ipswich,  Sept.  25,  1677. 

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

charge  of  ten  or  twelve  families,  for  restraining  excess  in  tip- 
pling houses,  according  to  law,  signed  by  Hilliard  Veren,* 
cleric.     No  return  made. 

Venire,  dated  22  :  3  :  1677,  for  Beverly  trial  jurymen,  also 
summons  to  the  selectmen  for  neglecting  to  appoint  tything- 
men  according  to  law,  signed  by  Hilliard  Veren,*  cleric,  and 
served  by  Thomas  West,*  constable  of  Beverly,  who  returned 
the  name  of  Lt.  William  Dixcy  for  the  jury  of  trials. 

Venire,  dated  May  22,  1677,  for  Lynn  trial  jurymen,  also 
summons  to  the  selectmen  for  neglecting  to  appoint  tything- 
men,  according  to  law,  signed  by  Hilliard  Veren,*  cleric,  and 
served  by  Clement  Coldum,*  constable  of  Lyn,  who  returned 
the  names  of  Ralph  King,  Hen.  Silsby,  Jon.  Burrell  and  Tho. 
Browne,  for  the  jury  of  trials. 

Venire,  dated  June  1,  1677,  for  Gloster  trial  jurymen,  also 
summons  to  the  selectmen  for  neglecting  to  appoint  tything- 
men,  signed  by  Hilliard  Veren,*  cleric,  and  served  by  John 
Millet,*  constable  of  Gloster,  who  returned  the  name  of  John 
Daves  for  the  grand  jury  and  John  Fitch  for  the  jury  of  trials. 

Venire,  dated  May  21,  1677,  for  Marblehead  trial  juryman, 
also  summons  to  the  selectmen  for  neglecting  to  appoint 
tythingmen,  and  to  William  Lattamore,  for  fighting  and 
abusing  a  man  upon  the  road,  signed  by  Hilliard  Veren,*  cleric, 
and  served  by  Henrie  Russell,*  constable,  who  returned  the 
name  of  Robart  Bartlett  for  the  jury  of  trials. 

Petition  of  Thomas  Laughton,*  for  the  selectmen  of  Lynn, 
dated  22  :  4  :  1677:  "the  county  Bridge  in  our  Towne  beinge 
defective  &  dangerous  for  both  man  &  Beast  to  passe  over 
wee  were  constrayned  to  make  vse  of  the  worshipfull  Maior 
Hathorne  to  Graunt  a  presse  out  for  workmen  to  repaire  the 
same  which  beinge  Graunted  the  counstable  pressed  several 
psons  to  the  worke  which  as  hee  giues  vs  an  account  of  came 
to  fourty  shillinges,"  wherefore  it  was  desired  to  know  how 
he  may  be  paid. 

"the  inhabetance  of  the  farmes  haue  mad  choyce  of  nath- 
aneli  Ingerson  for  to  keepe  a  hous  of  Entrment  for  strangers 
and  others  by  seling  beere  and  sidere  and  lickers  and  pro- 
uision  this  was  voted  by  the  inhabentanc  dated  25  :  June 
1677."  Consented  to  by  Edm.  Batter,*  Jno.  Curwin,*  Wm. 
Browne,  Junr.,*  John  Pickering,*  Bartho.  Gedny*  and  Jno. 
Price,*  selectmen. 

*Autograph. 


318  IPSWICH    QUARTERLY    COURT  [Sept. 

Grand  jury:  Ens.  Tho.  Burnam,  Tho.  Lull,  Tho.  Jacob, 
Corpll.  Jo.  Andrews,  Tho.  Burnam,  jr.,  Nathaniell  Tredweli, 
Anthony  Morse,  Edward  Woodman,  Samuell  Plumer,  James 
Barker,  John  Harris,  Abr.  Redington,  John  Comings,  John 
Steevens  and  Nicolas  Walington. 

Jury  of  trials:  Mr.  Daniell  Epps,  Nath.  Adams,  Nath, 
Wells,  Corpll.  Jo.  Whipple,  Robert  Kinsman,  Jo.  Newmarsh, 
jr.,  Usuall  Wardell,  Jacob  Tappan,  John  Knight,  Abell  Langly, 
John  Palmer  and  Sam.  Boswell.  Sam.  Gardner,  Marshal 
Skery  and  Neh.  Jewett,  in  Mr.  Dumer's  case.  Mr.  Dudlej'^ 
Bradstreet,  Ens.  Chandler  and  Abraham  Perkins,  in  Mr. 
Shepard's  case. 

The  constable  of  Newbury  was  fined  for  not  making  return 

of  jurors.     Sam ,  not  appearing,  was  fined,  but  presently 

coming  in,  said  fine  was  taken  off. 

Mr.  Rich.  Dummer  v.  Henry  Jaquis,  selectman  of  Newbury, 
in  behalf  of  the  town.  For  not  making  good  all  the  land 
granted.  Verdict  for  plaintift',  twenty-five  acres  of  land. 
Said  Jaquis,  John  Knight  and  Tristram  Coffin  appealed  to 
the  next  Court  of  Assistants.  John  Knight,  sr.,  and  Tristram 
Coffin  bound.* 

*Writ:  Mr.  Richard  Dumer,  sr.  v.  Henry  Jaquish,  selectman 
of  the  town  of  Newberry,  in  behalf  of  the  town;  for  not  mak- 
ing good  all  the  land  granted  by  the  said  town  in  1639,  for 
which  the  said  Mr.  Dumer  laid  down  land,  which  grant  was 
150  acres,  a  considerable  part  of  which  is  not  set  out  to  him 
by  the  said  town;  dated  Sept.  12,  1677;  signed  by  Thomas 
Leaver,!  clarke,  and  served  by  Robert  Lord,t  marshal  of 
Ipswich,  by  attachment  of  the  house  and  land  of  Henery 
Jaquish  and  a  part  of  the  town  common. 

Bill  of  cost  of  Mr.  Richard  Dumer,  sr.,  31i.  3s,  4d. 

Copy  from  the  town  book  of  Newbury,  made  by  Anthony 
Somerby:t  "the  23^'^  of  the  7"^  m*''  1638.  Henry  Short  & 
Richard  Kent  were  released  from  being  Lott  layers  &  the 
Towne  hath  ajDpointed  Richard  Knight  &  Thomas  Coleman 
to  be  lottlayers  in  their  Roomes  to  lay  out  land  &  to  attend 
upon  it :  for  any  man  that  hath  a  Lawf ull  grant  of  Land  upon 
three  dayes  warneing." 

"At  a  Towne  meeting  June  5*'^  1673.  That  wheras  M^ 
Dumer  complaines  that  he  wants  measure  in  seuerall  Grants 

fAutograph. 


1677]  RECORDS    AND    FILES  319 

of  land  that  was  granted  to  him  bj^  the  Towne.  It  was  voted 
that  all  Mr  Burners  Grant  shall  be  measured  by  an  equall 
charg  between  the  Towne  &  M''  Dumer,  And  the  Towne  doth 
engage  to  make  good  his  seuerall  grants  both  upland  &  meadow, 
And  M''  Dumer  doth  engage  that  the  Towne  shall  haue  the 
rest  of  the  land  that  is  aboue  his  measure  to  be  Returned 
to  the  Townes  Vse." 

■'And  the  Lottlayers  &  Leiut  Woodman  &  John  Knight 
was  chosen  mutually  to  see  the  said  Land  measured  and  done 
according  to  the  said  vote." 

Copy  from  the  old  town  book  of  Newburj^,  made  by  An- 
thony Somerby:*  "January  the  7**^  1639  Att  a  generall 
Towne  meeting  There  was  granted  to  M""  Richard  Dummer, 
an  hundred  &  fifty  acres  of  Land  Runing  in  a  direct  Line 
from  the  creeke  below  m""  Eastons  celler  to  the  corner  of  his 
farme  allredy  laA^d  out  And  that  sayd  hundred  and  fifty  acres 
are  to  be  so  layd  out  bj^  the  lott  lasers,  and  this  in  considder- 
ation  of  twenty  two  acres  and  a  halfe  in  the  common  Resigned 
by  the  sayd  IM""  Dummer  into  the  Townes  hands,  And  that 
henceforth  the  sayd  M''  Dumer  doth  not  acknowledge  the 
sayd  Land  to  be  his  nor  expect  any  preveledge  whatsoever, 
which  by  any  order  of  the  Towne,  were  granted  to  an}^  that 
left  there  lands  there." 

Jonathan  Danforth,*  surveyor,  certified,  dated  Newbury, 
16  :  4  :  1677,  that  "m}^  self  being  desired  to  measure  seuerall 
parcells  of  land  by  m""  Dumer,  y*  day  and  year  aboue  written, 
I  measured  one  percell  called  y^  hundred  &  fift}'  acres,  the 
bounds  of  it  are  as  followeth.  we  began  at  a  little  creek  or 
riuilit,  by  dunkcum  stewards  house,  &  from  thence  we  ran  to 
the  south  corner  of  m""  Sewalls  farme,  to  a  great  stub  at  y" 
corner  of  his  fence,  from  thence  to  a  great  white  oake  marked 
and  standing  a  little  within  m'  Sewalls  fence  at  that  corner 
of  his  fence,  next  mill-meadow,  &  from  thence,  b}^  mill  meadow 
to  another  great  white  oake,  which  is  y^  North  east  corner 
of  m""  dumers  old  farme;  from  thence,  to  a  place  called  the 
lining  spring,  and  then  runing  from  y  said  lining  spring  up 
the  south  east  line  of  y''  aforesaid  old  farme  untill  j^ou  come 
as  farr  as  y*^  highway  to  the  house  at  the  paster  fence,  then 
we  ran  acording  to  the  said  fence  by  the  highway  to  y®  gate 
of  the  other  country  road,  near  y^  mill  and  so  to  the  corner 
of  y"  fence,  then  turning  down  by  the  fence  to  y^  riuer;  & 
runing  downe  the  said  Riuer  untill  wee  came  to  Dunkcums 
creek  first  spoken  of,  which  makes  a  closeing  line.  I  find 
The  land  within  these  lines  containe  one  hundred  &  twent}' 
fine  acres  and  no  more  so  that  there  yet  wanted  twenty  & 
fiue   acres,   of   the   hundred   &   fifty   sought   for.     The   exact 

*  Autograph. 


320  IPSWICH    QUARTERLY    COURT  [Sept. 

platforme  of  y^  said  land  is  better  discerned  by  a  plate  taken 
of  y^  same  &  is  inserted  underneath:" 


"These  are  further  to  testify  that  in  y«  2d  weeke  of  July, 
in  the  yeare  1674.  I  was  at  m''  Burners  farme  suruaying 
seuerall  parcells  of  land  for  him,  and  ther  was  at  that  time 
present  seuerall  men  of  Newbury,  namely,  m'  John  Knight, 
m^  Trustum  Coffin  and  some  other  of  Nubury  men  with 
them,  and  those  men  then  shewed  these  bounds  mentioned 
to  be  the  bounds  of  those  f amies  aboue  specified;  &  owned 
these  and  no  other  to  be  y«  bounds  of  those  farmes,  after 
they  had  spent  much  time  and  labour  to  find  out  the  true 
bounds:  they  shewed  these  bounds  to  Mr.  Richard  Dumer 
Jun'  Capt.  Brocklebank  &  my  self,  with  some  others,  that 
were  then  waiting  upon  the  business.  And  this  I  do  further 
testify  that  this  tract  of  land  abouesaid;  containes  that 
wholl  quantity  of  land  within  those  bounds  then  owned  by 
newbury  men  as  aforesd:  that  wholl  parcell  of  land  within 
y«  fence,  (&  acording  to  y«  aforesd  bounds)  being  exactly 
measured,  and  y^  abouesaid  Record  &  plott,  is  a  true  Record 
&  plott  of  y^  same,  acording  to  rules  of  art."  Sworn,  17  :  7  : 
1677,  before  Tho.  Danforth,*  assistant. 

Jonathan  Danforth,*  certified,  at  Newbery,  10  :  5  :  1674, 
that  "being  desired  to  suruey  a  tract  of  land  lying  in  Nubury 
bounds  lying  in  the  south  side  falls  Riuer,  &  on  y«  North  side 
of  easons  Riuer,  begining  at  a  place  called  the  lining  Spring 

*  Autograph. 


1677]  RECORDS    AND    FILES  321 

(lying  within  y*'  bounds  of  m""  Dummers  farme,)  and  from 
y^  s'^  lining  spring  to  a  great  rock,  &  from  the  sd  rock  to  y'= 
falls  Riuer,  from  thence  to  a  great  white  oake  standing  in 
m''  showells  fence,  and  running  by  y''  fence  side  &  still  con- 
tinuing y®  sd  fence  by  wllm  Boyntons  land  to  a  stake  ||  near 
Woodbridg  point  ||  standing  in  y^  marsh  &  so  taking  all  y^ 
meadow  on  y®  west  &  north  side  of  y""  said  Riuer,  vnto  y^ 
south  west  end  of  it,  at  Dunkin  Stewards  house,  &  so  up  y" 
sd  easons  Riuer  to  a  white  oake  marked  &  standing  about 
four  pole  short  of  easons  siller  &  from  the  sd  white  oak  running 
fifty  eight  degrees  &  a  half  west  from  y""  Northe  to  a  stake 
standing  in  m''  dummers  line  on  y''  south  east  side  of  his  old 
farme,  and  from  y®  said  stake  to  y"  lining  spring  first  men- 
tioned (excepting  out  of  y"^  wholl  m''  Sam''  phillips  meadow 
as  it  is  bounded  lying  for  twenty  fine  acres)  and  y  superficies 
of  y^  wholl  is  y'^  Just  sume  of  four  hundred  and  seauenty  acres 
takeing  off  this  sume  fourteen  acres  of  m''  Phillips  meadow 
accounted  in  y^  said  number." 

Hechelaus  Woodman,*  Samuell  Brocklebanke*  and  John 
Knight*  testified  that  thej^  attended  the  measuring  and 
that  the  foregoing  is  a  true  record  of  it,  etc. 

Richard  Knight*  and  John  Knight*  testified  that  "wheareas 
thear  apears  to  bee  14  Ackers  of  land  wanting  aboue  of  m' 
phillopses  land  within  rn"^  dumers  fenc  wee  dou  testify  that 
wee  Judge  that  goodman  boington  haue  within  his  fenc 
neere  20  Ackers  of  m""  dumars  land  which  Mr.  Danford  and 
wee  did  not  mesuar  in  this  fouor  hondard  and  seuenty  Ackers." 

Joseph  Goodrage  and  Richd.  Dumer,  jr.,  testified  that  about 
the  middle  of  July,  1674,  they  were  with  Mr.  Jonathan  Dan- 
forth  when  he  ran  the  several  lines  that  divided  Mr.  Sewall's 
farm,  Mr.  Dumer's  farm  and  the  lower  neck  by  Steward's 
house,  from  the  land  granted  to  Mr.  Dumer,  sr.,  for  150  acres 
that  lay  between  these  farms.  The  Newbury  lot  layers, 
deponents  and  Mr.  Doell,  Lieut.  Woodman,  John  Knight, 
sr.,  Thrustrum  Coffin  and  Mr.  Dumer  were  also  there.  Sworn 
by  Mr.  Richard  Dumer,  jr.,  in  court. 

Richard  Knight,*  aged  about  seventy-five  years,  testified 
that  in  1638,  Thomas  Colmon  and  he  were  lot  layers  for 
Newbury,  and  in  1639  laid  out  150  acres  of  land  according  to 
the  town  grant,  running  from  the  little  river  or  creek  before 
Eston's  cellar  up  to  the  corner  of  his  old  farm  before  laid  out, 
and  so  running  northerly  joining  to  the  old  farm  until  they 
came  to  the  mill  lots  of  meadow  which  were  ten  acre  lots. 
This  150  acres  they  ''distinguished  from  other  grants  in  full 
measure:  which  was  for  Resigning  to  the  town  twenty  & 
two  acker  &  a  halfe  to  the  tonne."     In  1674,  he  helped  measure 

*Autograph. 


322  IPSWICH    QUARTERLY    COURT  [Sept. 

Nath.  Chapman  v.  Edward  Chapman.  For  withholding  a 
parcel  of  land.     Withdrawn. 

Selectmen  of  Andover  v.  Thomas  Fuller,  Trespass.  Ver- 
dict for  defendant.  Appealed  to  the  next  Court  of  Assistants 
at  Boston.  Left.  John  Osgood  and  Ens.  Thomas  Chandler 
bound.* 

over  this  land  and  they  found  enough  land  to  make  good  the 
town  grant  in  this  now  sued  for,  distinct  from  other  grants. 
Further  that  Dumer  had  enjoyed  this  150  acres  for  thirty 
years,  etc.     Sworn  in  court. 

John  Pickard  deposed  that  he  was  with  Mr.  Danforth  when 
he  measured  the  land  in  the  fourth  month,  1677,  and  that 
in  this  land  there  is  a  country  way  laid  out.     Sworn  in  court. 

John  Knight  and  Tristram  Coffin  deposed  that  when  the 
land  was  measured  in  1674,  Mr.  Rich.  Dumer  was  sick  and 
Capt.  Sam.  Brocklebanke  acted  for  him,  etc.  Sworn  in 
court. 

John  Knight  and  Benj  amine  Rolf,  aged  about  thirty-seven 
years,  deposed.  Sworn,  Sept.  25,  1677,  before  Jo.  Wood- 
bridge,!  commissioner. 

*Thomas  Fuller's  bill  of  cost,  14s.  6d. 

Bill  of  cost  of  the  selectmen  of  Andover,  61i.  Is. 

Copy  of  Andover  records,  Sept.  12,  1677,  made  by  Dudley 
Bradstreet,t  recorder: 

"Andou'':  Att  a  generall  &  lawfull  towne  meeting  Aprill 
ye  gth  1677  It  was  noted  &  passed  by  the  towne,  that  the 
selectmen  that  now  are,  should  prosecute  Thomas  Fuller  sen'' 
of  Wills  hill,  at  y^  next  Salem,  or  Ipswich  Court,  as  a  trespasser 
for  Cutting  downe  &  carrying  away,  a  great  many  Cedar 
trees,  in  y*"  bounds  of  Andou'',  Contrary  to  y''  towne  ord''  & 
without  their  knowledge." 

"Andou"":  Att  a  lawfull  towne  meeting  y*"  first  of  January 
1676-7.  Left:  John  Osgood  Ensigne  Thomas  Chandler, 
John  Frie,  Jun"",  Stephen  Johnson  &  Dudley  Bradstreet  were 
chosen  selectmen  for  y®  year  ensuing.  The  instructions  for 
y®  select  men  were  that  they  should  manage  all  prudentialls 
of  the  tovv^ne,  except  the  disposing  of  Land  and  timber,  unless 
it  be  for  defraying  of  charges  about  the  meeting  house." 

" Andou'':  att  Lawfull  Towne  meeting  this  18*^  January 
1658.  For  puenting  3^"=  spoyle,  and  wast  of  timb"":  w*^in  y^ 
bounds  of  this  towne  it  is  ordered  that  noe  person  shall  after 
this  present  time,  sell,  send  or  Conuey  away  out  of  y^  towne, 
any  trees;   timber,  loggs,  planks,  boards,  or  other  wares  made 

t  Autograph. 


1677]  RECORDS    AND    FILES  323 

of  Timber,  growing  or  to  be  growing  upon  y*"  Common  or  any 
other  part  thereof,  without  leaue  from  y*=  towne,  or  the  Major 
part  of  y^  inhabitants  thereof,  under  y*^  penalty  of  tenn  shil- 
lings for  euerv  tree,  he  shall  make  use  and  dispose  of  as  afore- 
sd." 

"Andou''  :  att  a  gener^':  Towne  meeting  y*=  6*''  January 
1672  It  is  ordered  &  agreed  that  noe  man  shall  haue  libertie 
to  Cutt  downe  any  Cedar  tree  or  trees  w*^in  y''  libertie  of  y^ 
towne,  to  sell  out  of  the  towne,  without  libertie  from  y''  select 
men,  but  shall  according  to  the  former  ord''  forfeite  tenn 
shillings  to  the  towne  for  euery  tree  soe  Cutt,  &  sold  out  of 
towne." 

"Andou"":  att  a  gener^'  towne  meeting  y®  first  of  January 
1674-5.  It  is  farther  ordered  and  declared  that  noe  man 
shall  haue  libertie  after  y  first  of  January  1675  to  sell,  or 
transport  any  Cedar  out  of  the  towne,  either  in  shingles  or 
otherwise,  but  shall  forfeit  twenty  shillings  for  euery  thousand 
of  shingles,  or  quantity  of  Cedar  proportionable,  unless  the 
towne  shall  upon  some  extraordinarie  occasion  graunt  libertie 
to  y^  Contrary. 

''Layd  out  bj'-  order  of  the  Gen''^^  Court  to  Daniel  Denison 
Esq  Major  Gen^^  his  farme  of  three  hundred  acres,  adjoj^ning 
to  the  farme  now  in  the  possession  of  Bray  Wilkinson. 

"Impr:  eighty  acres  of  upland  Lying  in  a  longe  square 
bounded  on  the  northeast  by  John  Putnams  land  on  the  south- 
west by  a  brooke  that  runns  out  of  a  pond  into  Prices  meaddow 
on  the  Northwest  by  the  land  of  Bray  Wilkinson  on  the  south- 
east by  Prices  meaddoe. 

"Also  one  hundred  &  forty  acres  beginning  at  a  white  oake 
marked  R.  B.  the  bounds  betweene  Bray  Wilkinson  &  John 
Putnam  &  the  former  eight  acres,  and  from  the  sd  tree  joyn- 
ing  upon  Bray  Wilkinson  in  a  streight  line  to  a  rocky  point 
where-  a  white  oake  is  marked,  &  from  thence  by  the  southerl}^ 
corner  of  Beachy  meaddow  to  a  white  oake  marked  at  the 
Northwesterly  angle  of  Bray  Wilkinson's  farme,  and  so  up 
to  Andouer  six  miles  bounds  Also  from  the  s'^  white  oake 
marked  R.  B.  upon  a  North  &  by  west  line,  adjoyning  to 
John  Putnams  land  to  a  forked  white  oake  marked,  and  so 
to  the  brooke  that  runs  b}^  Beachy  meaddow  to  Andouer  six 
miles  bounds 

"Also  eighty  acres  of  woodland  on  the  Northeastside  of 
the  Brooke  that  runs  by  Beachy  meaddow  begining  at  a  marked 
tree  standing  neere  the  brooke  by  a  swampe  &  runing  North 
east  &  by  east  about  200  rods  to  three  white  oakes  marked, 
&  then  turning  southward  about  30  rodd  to  that  part  of  the 
brooke  where  another  brooke  falls  into  the  same,  and  a  great 
rocke  lies  in  the   midst  of  the  brooke."     The  court  on  Oct. 


324  IPSWICH    QUARTERLY    COURT  [Sept. 

8,  1662,  approved  of  this  return  which  was  made  bj^  Willm. 
Hauthorne  and  Thomas  Howlet. 

Thomas  Fuller,  jr.,  testified  that  he  helped  m