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RECORDS  AND   FILES 


OF   THE 


QUARTERLY  COURTS 


OF 


ESSEX  COUNTY 


MASSACHUSETTS 


VOLUME   VII 
1678-1680 


SALEM,  MASS. 
PUBLISHED   BY   THE   ESSEX  INSTITUTE 

1919 


THOS.  P.  NICHOLS  &  SON  CO. 

Printers 

Lynn,  Massachusetts 


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

Court  held  at  Salem,  June  25,  1678. 

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

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


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

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

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

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

*  Autograph. 

(1) 


2  SALEM    QUARTERLY    COURT  [June 

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

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

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

Hugh  Jones'  bill  of  cost,  12s. 

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

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

Humfry  WiUiams,  for  excess  in  drink,  was  fined. 

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

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

t  Autograph. 


1678]  RECORDS    AND    FILES  3 

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

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

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

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

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

Reasons  of  appeal  of  Hugh  (his  mark)  Jones. 

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

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

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

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

t  Autograph. 


4  SALEM    QUARTERLY    COURT  [June 

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

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

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

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

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

Richard  Rowland's  bill  of  cost,  9s. 

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

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

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

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

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

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

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

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

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

*  Autograph. 


1678]  RECORDS    AND    FILES  5 

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

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

Richard  Norman,  aged  about  fifty  years,  deposed. 

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

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

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

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

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

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

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

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

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

t  Autograph.  |  Seal.  §  Autograph  and  seal. 


6  SALEM    QUARTERLY    COURT  [June 

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

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

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

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

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

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

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

t  Autograph  and  seal.  t  Seal.  §  Autograph. 


1678]  RECORDS    AND    FILES  7 

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

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

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

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

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

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

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

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

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

t  Autograph. 


8  SALEM    QUARTERLY    COURT  [JuQC 

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

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

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

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

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

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

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

*  Autograph. 


1678]  RECORDS    AND    FILES  9 

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

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

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


10  SALEM    QUARTERLY    COURT  [June 

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

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

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

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

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

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

t  Autograph. 


1678]  RECORDS    AND    FILES  11 

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

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

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

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

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

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

*  Autograph. 


12  SALEM    QUARTERLY    COURT  [June 

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

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

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

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

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

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

*  Autograph. 


1678]  RECORDS    AND    FILES  13 

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

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

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

*  Autograph. 


14  SALEM    QUARTERLY    COURT  [June 

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

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

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

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

*  Autograph. 


1678]  RECORDS    AND    FILES  15 

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

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

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

*  Autograph. 


16  SALEM    QUARTERLY    COURT  [June 

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

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

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

*  Autograph. 


1678]  RECORDS    AND    FILES  17 

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

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

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

*  Autograph. 


18  SALEM    QUARTERLY    COURT  [June 

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

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

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

*  Autograph. 


1678] 


RECORDS    AND    FILES 


19 


/_,' 


The  Nurse  Farm. 


20  SALEM    QUARTERLY    COURT  [June 

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

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

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


1678]  RECORDS    AND    FILES  21 

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

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

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

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

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

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

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

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

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

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


22  SALEM    QUARTERLY   COURT  [June 

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

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

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

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

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


1678]  RECORDS    AND    FILES  23 

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

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

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

John  S deposed  that  Chubb  took  diligent  care  to  return 

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

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

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

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

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

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

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

t  Autograph.  §  Autograph  and  seal. 


24  SALEM    QUARTERLY    COURT  [June 

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

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

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

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

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

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

Abigail  Pickworth  deposed.     Sworn  in  court. 

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

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

t  Autograph. 


1678]  RECORDS    AND    FILES  25 

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


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

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

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

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

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

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

t  Autograph  and  seal.  t  Autograph. 


26  SALEM    QUARTERLY    COURT  [June 

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

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

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

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

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

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

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

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

t  Autograph.  J  Autograph  and  seal. 


1678]  RECORDS    AND    FILES  27 

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

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

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

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

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

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

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

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

*  Autograph.  t  Autograph  and  seal. 


28  SALEM    QUARTERLY    COURT  [June 

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

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

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

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

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

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

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

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

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

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

t  Autograph. 


1678]  RECORDS    AND    FILES  29 

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

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

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

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

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

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

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

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

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

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

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

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

t  Autograph.  §  Seal. 


30  SALEM    QUARTERLY    COURT  [June 

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

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

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

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

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

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

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

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

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

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

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

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

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

X  Autograph. 


1678]  RECORDS    AND    FILES  31 

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

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

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

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

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

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

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

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

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

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

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

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

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

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


32  SALEM    QUARTERLY    COURT  [June 

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

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

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

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

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

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

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

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

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

t  Autograph. 


1678]  RECORDS    AND    FILES  33 

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

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

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

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

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

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

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

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

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

t  Autograph. 


34  SALEM    QUARTERLY    COURT  [June 

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

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

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

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

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

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

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

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

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

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

§  Autograph,  1 1  Seal. 


1678]  RECORDS    AND    FILES  35 

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

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

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

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

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

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

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

*  Autograph  and  seal.  t  Autograph. 


36  SALEM    QUARTERLY    COURT  [June 

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

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

"yo''  Lo:  Freind 

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

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

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

"S""  yo"  knowe  the  pcell  yo"  had  by  invoyce  came  to  4  :  0  :  5 
the  one  halfe  I  Adventurd  the  other  yo"  bought  soe  that  I 
haue  reed  only  the  aboue  sayd  some  of  5  :  11  :  05  soe  remayns 
16"  09*00  one  yo'  Account  for  the  one  halfe.     Vale,  E.  M." 

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

*  Autograph. 


1678]  RECORDS    AND    FILES  37 

John  Witt  was  sworn  constable  for  Linne. 

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

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

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

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

Cloyce  took  the  freeman's  oath. 

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

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

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

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

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

t  Autograph. 


38  SALEM    QUARTERLY    COURT  [June 

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

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

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

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

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

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

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

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

t  Autograph. 


1678]  RECORDS    AND    FILES  39 

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

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


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

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

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

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

t  Autograph  and  seal.  t  Autograph. 


40  SALEM    QUARTERLY    COURT  [June 

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

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

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

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

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

*Inventory  of  the  estate  of    Richard   Richards,   deceased, 

t  Autograph. 


1678]  RECORDS    AND    FILES  41 

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

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

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

John  Codner's  bill  of  cost,  13s. 

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

t  Autograph. 


42  SALEM    QUARTERLY    COURT  [June 

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

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

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

t  Autograph. 


1678]  RECORDS    AND    FILES  43 

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

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

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

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

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

*  Autograph. 


44  SALEM   QUARTERLY    COURT  [June 

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

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


1678]  EECORDS    AND    FILES  45 

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

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

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

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

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

pearle  a  necklace  yt  would  goe  twice  round  my  daughters 

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

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

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

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

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

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

shee  told   me  shee handkercheif  &  lookt  for  it  &  said 

shee  could  not  fynde I  remember  I  kept  my  bugle  beads 

under  Lock  &  key  In  relation  to  a  passage  in  Deborah 

Morgans  evidence  Turkie  I  doe  remember  a  roost  fell 

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

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

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

*  Autograph. 


46  SALEM    QUARTERLY    COURT  [June 

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

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


1678]  RECORDS    AND    FILES  47 

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


48  SALEM    QUARTERLY    COURT  [June 

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


1678]  RECORDS    AND    FILES  49 

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

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

6  ly  &  goody  horis  burn  our  house." 

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

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

*  Autograph. 


50  SALEM    QUARTERLY    COURT  [June 

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

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

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

*  Autograph. 


1678]  RECORDS    AND    FILES  51 

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

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

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

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

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

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

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

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

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

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

*  Autograph. 


52  SALEM    QUARTERLY    COURT  [June 

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

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

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

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

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

*  Autograph. 


1678]  RECORDS    AND    FILES  53 

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

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

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

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

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

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

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

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

*  Autograph. 


54 


SALEM    QUARTERLY    COURT  [June 


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

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

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

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

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

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

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

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

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

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

*  Autograph. 


1678]  RECORDS    AND    FILES  55 

William  Dounton  was  admonished  for  striking  Edmond 
Bridges.* 

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

Special  charges  against  Mary  Harris  and  Elizabeth  Johnson. 

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

Charges  against  Dorcas  Hoar  for  receiving  stolen  goods. 

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

Charges  against  Mary  Harris,  as  by  the  evidence. 

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

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

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

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

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

t  Autograph. 


56  SALEM    QUARTERLY    COURT  [June 

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

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

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

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


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

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

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

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

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

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

t  Autograph. 


1678]  RECORDS    AND    FILES  57 

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

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

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

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

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

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

t  Autograph. 


58  SALEM    QUARTERLY    COURT  [June 

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

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

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

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

t  Autograph. 


1678]  RECORDS    AND    FILES  59 

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

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

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

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

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

t  Autograph.  §  This  item  crossed  out  in  original. 


60  SALEM    QUARTERLY    COURT  [June 

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

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

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

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

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

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

t  Autograph. 


1678]  RECORDS    AND    FILES  61 

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

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

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

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

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

*  Autograph. 


62  SALEM    QUARTERLY    COURT  [June 

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


1678]  RECORDS    AND    FILES  63 

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


64  SALEM    QUARTERLY    COURT  [JunC 

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

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

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

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

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

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


1678]  RECORDS    AND    FILES  65 

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

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

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


66  SALEM    QUARTERLY    COURT  [June 

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

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

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

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

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

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

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

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

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

*  Autograph. 


1678]  RECORDS    AND    FILES  67 

Fined    by    the    Worshipful!    Maj.    William    Hathorne: 

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

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

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

Broadway,  for  being  drunk   and  swearing  more  than 

two  oaths. 

Bennet,  whose  fine  was  paid  by  William  Nick. 

Peeter  Frost,  Capt.  More's  man. 

One  of  Lin  fined  for  excess  in  drinking. 

Rogers,  the  wheelwright,  for  beating  three  boys. 

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

Ely  Eaton,  for  drinking  too  much. 

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

shoes. 

Gilbert  Peeters,  for  abusing  the  marshal. 

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

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

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

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

Following    were    chosen    and    allowed    as    tythingmen    for 

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


68  SALEM    QUARTERLY    COURT  [June 

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

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

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

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

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

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

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

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

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

**  Autograph. 


1678]  RECORDS    AND    FILES  69 

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

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

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

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

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

X  Autograph. 


70  SALEM    QUARTERLY    COURT  [June 

"To   the    constables    &    tithingmen    of    marblehead    Salem 

&  Linne 

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

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

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

t  Autograph. 


1678]  RECORDS    AND    FILES  71 

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

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

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

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

*  Autograph. 


72  SALEM    QUARTERLY    COURT  [July 

Court  held  at  Salem,  24  :  5  :  1678. 

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

The.  Leighton  was  sworn  constable  of  Linn. 

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

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

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

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

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

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

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

*  Autograph. 


1678]  RECORDS    AND    FILES  73 

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

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

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

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

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

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

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

t  Autograph  and  seal.  §  Autograph. 


74  SALEM    QUARTERLY    COURT  [July 

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

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


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

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

Nathaniell  Wallis'  bill  of  cost. 

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

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


1678]  RECORDS    AND    FILES  75 

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

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

*  Autograph. 


76  SALEM    QUARTERLY    COURT  [JuIy 

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

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

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

Martin  Hall's  wife  was  fined  for  fornication. 

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

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

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

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

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

Bill  of  cost  of  Nathanell  Putnam. 

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

*  Autograph. 


1678]  RECORDS    AND    FILES  77 

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

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

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

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

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

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

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

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

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

§  Autograph. 


78  SALEM    QUARTERLY    COURT  [July 

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

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

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

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

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


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

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

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

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

X  Autograph. 


1678]  RECORDS    AND    FILES  79 

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

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

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

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

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

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

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

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

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

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

fWit:    Richard  Bryars  and  Nathanll.  Pickman,  jr. 

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

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

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

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

t  Autograph. 


80  SALEM    QUARTERLY    COURT  [July 

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

fined. t 

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


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

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

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

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

fWit:    Edward  Bridges  and  Sarah  Bridges. 

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

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

|Wit:    Mr.  Edmund  Batter  and  Charles  Gott. 

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

§  Autograph. 


1678]  RECORDS    AND    FILES  81 

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

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

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

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

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

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

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

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

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

I  Wit:    Joseph  Rootes  and  John  Lovet,  jr. 

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

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

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

§  Autograph. 


82  IPSWICH    QUARTERLY    COURT  [Sept. 

Court  held  at  Ipswich,  Sept.  24,  1678. 

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

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

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

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

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

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

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

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

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

Executions  against  John  Codner  and  Peter  Harhn. 

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

*  Autograph. 


1678]  RECORDS    AND    FILES  83 

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

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

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

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

Thomas  Leaver's  bill  of  cost. 

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

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

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

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

t  Autograph. 


84  IPSWICH    QUARTERLY    COURT  [Sept. 

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

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

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

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

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

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

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

Nathaniel  Hely  testified  that  he  saw  Joseph  Jacob  fill  the 

ditch. 

Ephraim  Fellowes  and  Samuel  Fellows  testified. 

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

Ephraim  Fellows,  Joseph  Fellows,  and  Nathaniel  Sampson 

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

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

t  Autograph. 


1678]  RECORDS    AND    FILES  85 

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

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

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

Samuel  Sym.onds't  judgment  for  defendant. 

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

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

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

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

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

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

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

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

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

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

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

t  Autograph.  §  Seal. 


86  IPSWICH    QUARTERLY    COURT  [Sept. 

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

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

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

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

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

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

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

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

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

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

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

*  Autograph  and  seal.  f  Autograph. 


^ai>i^  itjv  («j>^-"*' 


vis  1  j-^1^ 


■t^s 


■^^  f  <J  * 


lA. 


1678]  RECORDS    AND    FILES  87 

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

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

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

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

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

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

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

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

Nathaniel  Jacob's  bill  of  cost. 

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

f  Autograph. 


88  IPSWICH    QUARTERLY    COURT  [Sept. 

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

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

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

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

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

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

Joseph  Jacob  and  John  Pengilly  deposed.     Sworn  in  court. 

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

t  Autograph.  H  Autograph  and  seal. 


1678]  RECORDS    AND    FILES  89 

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


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

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

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

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

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

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

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

t  Autograph. 


90  IPSWICH    QUARTERLY    COURT  [Sept. 

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

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

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

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

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

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

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

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

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

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

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

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

t  Autograph. 


1678]  RECORDS    AND    FILES  91 

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

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

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

Edmond  Bridges  and  John  Parker  testified. 

John  Procter's  bill  of  cost. 

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

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

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

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

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

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

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

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

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

X  Autograph. 


92  IPSWICH    QUARTERLY    COURT  [Sept, 

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

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

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

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

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

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

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

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

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

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

t  Autograph. 


1678]  RECORDS    AND    FILES  93 

Daniell  Clement  acknowledged  judgment  to  Mr.  Francis 
Wainwright. 

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

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

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

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

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

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

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

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

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

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

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

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

Edmond  Bridges  testified.     Sworn  in  court. 

*  Autogi-aph. 


94  IPSWICH    QUARTERLY    COURT  [Sept. 

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

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

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

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

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

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

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

Phillip  Fowler,  upon  complaint,  was  fined. 

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

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

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

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

t  Autograph. 


1678]  RECORDS    AND    FILES  95 

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

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

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

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

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

Ruth  Tod  was  admonished  upon  her  presentment. 

Elizabeth  Holmes  was  admonished  upon  her  presentment. 

Martha  Smith  was  admonished  upon  her  presentment. 

John  Waldern  was  admonished  upon  his  presentment. 

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

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

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

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

t  Autograph. 


96  IPSWICH    QUARTERLY    COURT  [NoV. 

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

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

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

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

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

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

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

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

*  Autograph. 


1678]  RECORDS    AND    FILES  97 

Martha    Gilbert    was    fined    upon    her    presentment. 

Luke  Perkins'   wife  was  fined  upon  her  presentment. 

Laurance   Hart  was  admonished  upon  his  presentment. 

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

Gershom  Browne  was  fined  upon  his  presentment.* 

James,  a  Scotchman,  was  fined  upon  his  presentment. 

Phillip  Fowler  had  his  fine  rsmitted. 

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

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

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

James  Dickenson  was  fined  upon  his  presentment.! 


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

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

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

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

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

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

t  Autograph. 


98  IPSWICH    QUARTERLY    COURT  [NoV. 

Richard   Bryer  and  his  wife  were  fined. 

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

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

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

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

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

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

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

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

John  Clarke  and  Thomas  Alley  deposed.     Sworn  in  court. 

Sammuell  Mighill  deposed.     Sworn  in  court. 

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

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

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


1678]  RECORDS    AND    FILES  99 

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

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

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

*  Autograph. 


100  IPSWICH    QUARTERLY    COURT  [NoV. 

Daniell  Lunt's  wife  was  fined  upon  her  presentment. 

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

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

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

Sarah    Savory    was    admonished    upon    her    presentment. 

John  Baker,  for  drunkenness  and  reviling,  was  fined. 

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

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

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

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

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

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

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

John  Hiden  deposed  that  James  Davis  went  to  take  some 

*  Autogi-aph  and  seal.  f  Autograph. 


1678]  RECORDS    AND    FILES  101 

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

Court  held  at  Hampton,  8:8:  1678. 

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


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

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

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

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

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

Samuell  Platts  deposed  concerning  the  dispute. 

*  Autograph. 


102  HAMPTON    QUARTERLY    COURT  [Oct. 

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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


1678]  RECORDS    AND    FILES  103 

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

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

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

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

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

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

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

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

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

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

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

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

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


104  HAMPTON    QUARTERLY    COURT  [Oct. 

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

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

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

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

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

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

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

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

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

*  Autograph. 


1678]  RECORDS    AND    FILES  105 

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

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

Frances  Jennis  was  discharged  of  his  bond  for  good  behavior. 

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

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

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

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

William  Sargent  was  fined  upon  his  presentment. 

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

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

Will.  Johnson  defaulted  and  his  bond  was  declared  forfeited. 

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

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


106  SALEM  QUARTERLY  COURT  [NoV. 

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

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

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

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

Ten  shillings  allowed  the  servants. 

Court  held  at  Salem,  26  :  9  :  1678. 

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

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

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

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

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

From  the  Salem  Commissioners'  files: 

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

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

*Autograph. 


1678]  RECORDS    AND    FILES  107 

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

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

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

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

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

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

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

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

Moses  Chadwell  acknowledged  judgment  to  Mr.  Edmond  Batter. 
Writ:     Mr.  Edmond  Batter  v.   Moses  Chadwell;    debt;    dated  26:12: 
1677-8;    signed  by  Hilliard  Veren,*  for  the  court. 

William  Wood,*  Thomas  Candis,*  John  Roades*  and  Chas.  Green*  cer- 
tified "that  John  Colle  hath  Lined  heare  this  seven  yeares  in  maruellhead 
and  hath  paid  all  Rattes  and  taxes  what  hath  been  demanded  and  thathee 
Is  now  Ratted  upon  oure  Constables  Ratte  And  that  hee  Lives  now  att  Wil- 
liam W^oods  house  when  hoe  Is  from  sea  and  his  goods  Is  theire  and  his  sonn 
Is  their  att  WiUiam  Woods  house."  ^,     ,      n      •       j 

Writ  of  execution.  Mr.  Edmond  Batter  against  Moses  Chadwell,  signed 
by  Hilliard  Veren,*  cleric,  and  served  by  Henry  Skerry,*  marshal  of  Salem. 

Writ:  Jeremiah  Neale,  attorney  to  Andrew  Mansfeild  and  Mary,  his 
wife,  executrix  of  the  will  of  John  Neale,  her  late  husband  v.  Henry  Skerry, 
sr  for  cutting  and  carrying  away  several  trees  in  Loofe's  lot,  so  called,  in  Sa- 
lem north  field;  dated  9  :  12  :  1677;  signed  by  Hilliard  Veren,*  for  the  court; 
and  served  by  Nathanell  Beadle,*  constable  of  Salem. 
Jeremiah  Neale's  bill  of  cost,  Ih.  18s. 

Mary,  wife  of  Andrew  Mansfeild,*  certified.  Mar.  4,  1677-8,  that  she  gave 
power  to  her  son  Jeremiah  Neale  to  make  a  division  of  Luff's  lot,  one  half 
of  which  was  given  by  her  husband's  will  to  her  son  Johnathan  Neale  and  the 
other  half  to  her,  which  order  was  given  three  months  since.  Wit:  Char- 
iti  (her  mark)  Nicols  and  Ane  (her  mark)  Neale. 

John  (his  mark)  Peas  and  James  Symonds*  appraised  the  damage  on  Luff  s 
lot,  next  to  Marshal  Skerries,  from  Neale's  rock  across  the  lot  over  to  Eborn  s 
bounds,  at  5s.     Sworn  in  court.  ^  , ,  *     t      e 

Letter  of  attorney,  dated  Feb.  1,  1677,  given  by  Marye  Mansfield,*  wife  ot 
Andrew  Mansfeild,*  to  her  son  Jeremiah  Neale  of  Salem.  Wit:  Lydiah 
(her  mark)  Hart  and  Edward  Flint.*     Sworn  in  court. 

Edward  Flint*  and  James  Symonds*  divided  Luff's  lot  as  follows:  to 
Jonathan  Neale,  the  part  next  John  Massics,  formerly  Goodail's;  the  other- 
half  is  next  to  Marshal  Skerrie's  at  the  upper  end  "and  soe  rangeing  y"^  length 
of  y*'  sayd  land  against  y^  heads  of  Robin's  his  lot  Rayes  lott  &  y"  afore- 
sayd  Skerries  Lott."     Sworn  in  court. 

John  Williams,  aged  about  forty  years,  deposed  that  the  land  had  been 
enjoyed  by  Henery  Skerry,  sr.,  for  about  twenty-two  years.  He  had  mowed 
there  for  his  father-in-law  several  times  up  to  the  cartway  which  was  always 
the  cartway  ever  since  he  could  remember.     He  had  also  been  there  when 

*Autograph.  fAutograph  and  seal. 


108  SALEM  QUARTERLY  COURT  [NoV. 

John  Neall,  sr.,  had  been  at  work  on  the  other  side  of  the  cartway,  and  never 
heard  him  make  any  claim  to  it.     Sworn  in  court. 

John  Massey,  aged  about  forty-seven  years,  deposed. 

John  Pease,  sr.,  deposed  that  the  upper  end  of  Goodman  Matson's  lot  ad- 
joining Marshal  Skerrie's  which  "was  formerlie  Vermasses  bounds  upon  y'^ 
highway  and  y®  bound  att  the  upper  end  att  y^  north  East  corner  next  Ver- 
masses lott  is  a  stumpe  of  a  tree,  where  there  was  a  stake  last  Satterday. 
The  land  adioyning  att  y*^  upper  end  next  this  bound,  was  alwayes  acounted 
as  highway  &  improued  to  that  end  by  carting  upon  itt  and  by  goodmon 
Cole  mowing  &  carrying  away  y*'  Hay,  and  this  he  Did  for  about  y^  space  of 
Seaven  yeares  while  I  liued  with  my  master  w"^''  is  aboutt  twentie  seaven 
yeares  since  and  this  he  did  by  claiming  a  priviledge  of  j'^  grass  of  that  way  in 
y^  upper  end  of  that  range  of  Lotts."  Also  "all  y*"  while  I  hued  witli  my  Mas- 
ter That  Vermasse  neuer  claimed  any  land  by  improueing  of  itt  or  any  other 
way  in  my  time,  then  to  y*^  place  where  now  y*'  range  of  trees  are  cutt  downe 
next  to  Rayes  bounds."     Sworn  in  court. 

Simon  Rumarill  testified  that  about  a  year  ago  when  he  was  apprentice  to 
Marshal  Skerrie,  he  cut  the  trees  across  the  lots  to  Eborne's  lot,  etc.  Sworn, 
Mar.  5,  1677,  before  Bartho.  Gedney,*  commissioner. 

Jeremiah  Neale  and  John  Neale  deposed  that  John  Neale,  deceased,  owned 
the  land  for  twenty  years,  etc.     Sworn  in  court. 

Henry  Skerry,  sr.,  aged  above  seventy  years,  deposed.  Sworn,  26  :  12  : 
1677,  before  Bartho.  Gidney,*  commissioner. 

Joshua  Ra}^,  testified  that  the  heap  of  stones  near  a  black  oak  tree  at  the  west 
corner  of  his  father's  lot  had  always  been  the  corner  bounds  between  his  fath- 
er's lot  and  the  lot  of  Richard  Waterman,  which  was  the  widow  Vermasses'. 
Also  the  said  heap  of  stones  was  always  the  reputed  corner  bound  of  Richard 
Waterman's  lot,  which  is  now  in  possession  of  Marshal  Skerrie.  Deponent's 
father's  lot  bounded  upon  the  highway  at  the  upper  end.     Sworn  in  court. 

Frances  Skerry,  aged  about  seventy  years,  deposed  that  the  lot  had  been 
in  possession  of  his  brother  Henry  Skerry  and  those  before  him  about  forty 
years,  etc.     Sworn  in  court. 

John  Peas,  sr.,  and  James  Symons  testified.     Sworn  in  court. 

Francis  Nurse  testified  that  the  northeast  corner  bound  of  Vermasses'  lot 
bends  toward  the  river  southeast  more  than  the  northwest  corner,  and  he 
heard  Vermasses'  sons  say  when  the  land  was  in  their  possession  that  they 
had  brolcen  up  part  of  the  highway.     Sworn  in  court. 

Tho.  Robins,  aged  sixty  years,  deposed  that  he  did  not  know  the  bounds 
at  the  northeast  corner  until  John  Neale  showed  him  the  stones  near  a  place 
that  was  called  the  ox  pen.  Deponent  had  known  this  lot  for  about  thirty 
years.     Sworn,  Mar.  1,  1677-8,  before  Bartho.  Gedney,*  commissioner. 

Heiu-y  Skerry,  jr.,  aged  about  forty  years,  deposed  that  his  father  had  en- 
joyed this  land  twenty-four  or  five  years,  etc.     Sworn  in  court. 

Writ :  Jonathan  Hart  of  Salem,  in  behalf  of  himself  and  sisters,  Elizabeth, 
Sarah,  Deborah  and  Florence,  only  children  and  heirs  of  John  Hart  and  Flor- 
ence, his  wife,  formerly  of  Marblehead  v.  Richard  Rowland;  for  withholding 
a  certain  parcel  of  land  containing  five  acres,  which  was  part  of  Hart's  interest 
which  he  purchased  in  Mr.  Humphryes  farm;  dated  Mar.  18,  1677-8;  signed 
by  HiUiard  Veren,*  for  the  court;  and  served  bj^  Henry  Skerry,*  marshal  of 
Salem. 

Richard  Rowland's  bill  of  cost.  Hi.  9s. 

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

Copy  of  papers  in  a  similar  action  brought.  Mar.  25,  1673,  in  Ipswich  court. 

John  Cooke,  aged  about  thirty  years,  and  John  Traske,  aged  about  thirty- 
five  years,  deposed  that  they  heard  Rowland  own  that  he  had  three  acres  of 
Hart  land  in  his  possession  and  he  proffered  Edward  Flint  and  Jeremiah  Neale 
forty  or  fifty  shillings  in  silver  provided  they  would  not  trouble  him  about  it. 
Sworn  in  court. 

Mr.  Richard  Norman,  aged  about  fifty  years,  deposed  that  he  was  present 

*  Autograph. 


1678]  RECORDS    AND    FILES  109 

at  the  dividing  of  the  farm,  called  the  Plaine  farm,  which  was  purchased  from 
Major  Hathorn  bv  John  Hart  and  the  rest  of  the  proprietors.  Sworn  in  court. 

James  Dennis  and  Nathaniell  Walton  testified  that  they  having  been  ap- 
pointed by  the  town  of  Marblehead  to  examine  all  persons  belonging  to  the 
town  as  to  their  right  to  keep  cattle  on  the  farm  and  common,  etc.  Sworn, 
Mar.  18,  1G77-8,  before  Moses  Mavericke,*  commissioner. 

Richard  Norman,  aged  about  fifty  years,  deposed  that  John  Hart  was  an 
inhabitant  of  Marlbehead  and  his  son  Jonathan  Hart  is  now  dwelling  in  Salem. 
Sworn  in  court. 

Moses  Mavericke  deposed.     Sworn,  Apr.  1,  1678,  as  commissioner. 

Moses  Mavericke*  and  Thomas  Pitman,*  on  Apr.  2,  1678,  appraised  the 
land  on  the  farm  as  worth  40s.  per  acre. 

Jno.  Cook  and  Thomas  Fhnt  testified  that  Rowland  told  them  that  he  had 
none  of  Hart's  land,  but  he  bought  a  cow's  lease  of  Capt.  Corwin  on  the  com- 
mon.    Sworn  in  court. 

Richard  Norman,  aged  about  fifty  years,  and  James  Dennis,  aged  about 
thirty-five  years,  deposed.     Sworn  in  court. 

John  Traske*  and  John  Cooke*  testified  that  they  appraised  the  land  in 
controversy,  on  Mar.  26,  1678,  at  41i.  15s.  Sworn,  Mar.  26,  1678,  before 
RIoses  Mavericke,*  commissioner. 

Letter  of  attorney,  dated  Apr.  11,  1673,  given  by  Jonathan  Hartf  of  Salem, 
to  his  brother-in-law  Edward  FHnt  and  Jeremiah  Neale  of  Salem.  Wit: 
Matthew  Woodwell*  and  John  Andrews.*     Sworn  before  Wm.  Hathorne.* 

Daniell  Crocker,  Richard  Meak  and  John  Breime  deposed  that  being  at 
Jno.  Wilkinson's  house  the  last  night  about  seven  o'clock,  on  Mar.  6,  they 
saw  one  pint  of  rum  drunk  am.ong  eight  men  and  nothing  else  but  a  cup  of 
small  beer.     Sworn,  Mar.  7,  1677,  before  WiUiam  Browne,*  commissioner. 

Petition  of  John  Wilkason,*  Apr.  2,  1678,  to  the  Salem  commissioners: 
"You  may  Remember  that  not  longe  senc  I  was  bound  over  to  this  court  to 
Answer  for  a  crime]  |  as  I  am  charged  ||  for  sum  parsons  drinking  in  my  hous 
and  Thomas  Edwards  being  overtaken  with  drinke  now  the  Answer  that  I 
now  make  is  that  this  edwards  with  sum  others  brought  me  sum  fish  and  it 
was  very  could  wether  and  ther  being  ayght  in  company  I  Burned  one  pint 
of  rum  and  that  we  di-anke  together  and  every  one  as  well  as  I  am  now 
for  ought  I  could  parcaue:  but  this  edwards  did  goe  to  the  glob  and  drank 
severall  pots  of  bear  after  he  was  at  my  hous  and  as  I  am  informed  did  drink 
rum  at  another  publick  house  that  I  am  not  willing  to  name,  1  nether  sould  rum 
for  fish  nor  bought  fish  and  payed  for  it  in  rum :  but  only  the  rum  that  I  gaue 
them  was  to  requit  them  for  a  kinys  for  as  the  ould  provarb  hath  it  one  good 
turnc  desarvs  another  as  when  the  portars  haue  done  anny  kinys  for  a  mar- 
chant  my  Judges  hear  knows  it  that  they  used  to  be  stow  a  dram  or  a  Glass  or 
tow  of  wine  one  that  hath  done  them  any  Iddnys,  "  etc. 

Rich.  Meeke  and  Jno.  Browne,  aged  about  thirty  years,  testified  that  they 
drank  a  bottle  of  rum  and  when  they  went  out  they  lost  Thomes  Edwards  and 
did  not  know  where  he  went.  Sworn,  7:1:  1677-8,  before  Edm.  Batter,* 
commissioner. 

Will.  Downton  testified  that  he  asked  Jno.  Browne  why  he  left  his  companion 
and  he  replied  that  he  was  afraid  the  constable  would  come  and  take  him. 
Sworn  before  Edmund  Batter.* 

Bond  of  Jno.  Wilkinson  and  Jno.  Launder,  taken  by  Edmund  Batter.* 

Warrant,  dated  2:2:  1678,  for  the  apprehension  of  Gilbert  Tapley  for 
raising  reports  about  Mr.  John  Higgenson,  signed  by  Hilliard  Veren,*  for  the 
court,  and  served  by  Wm..  Curtis,*  constable  of  Salem. 

Manassah  Marston,  aged  about  thirty-six  years,  deposed  that  about  a  month 
since  being  in  company  with  William  Punchard  and  Joseph  Straker,  he  heard 
them  say  that  Gilbert  Taply  reported  to  them  that  "Mr.  Higginson  Laid  In 
to  gett  thatt  part  of  the  Neck  that  Joined  to  Capt.  Savage  his  grownd  and 
the  reason  why  he  soe  Indeavored  to  get  the  sd  land  was  thatt  he  being  in  his 

*Autograph.         fAutograph  and  seal. 


110  SALEM  QUARTERLY  COURT  [NoV. 

sons  debt  might  therby  pay  him  that  debt."  Sworn,  Mar.  25,  1678,  before Bar- 
tho.  Gedney,*  commissioner. 

Warrant,  dated  2:2:  1678,  for  the  apprehension  of  Morgaine  Joanes,  Wil- 
liam Lake's  man,  for  being  much  in  drink,  signed  by  HilUard  Veren,*  cleric, 
and  served  by  Wm.  Curtis.*  constable  of  Salem. 

Warrant,  dated  2:2:  1678,  for  the  apprehension  of  Thomas  Vealy  and 
Charles  Hill,  and  also  a  summons  to  James  Browne,  glazier,  as  v/itness  against 
the  former,  and  Edward  Bridges  and  his  wife  as  witness  against  the  latter, 
signed  by  HilHard  Veren,*  cleric,  and  served  by  Henry  Skerry,*  marshal  of 
Salem. 

Ed.  Bridges  and  Sarah  his  wife  testified  that  about  one  month  ago  Chai-les 
Hill  came  to  our  house  upon  a  Lord's  day  in  the  morning  and  desired  a  pot  of 
beer  and  a  cake.  They  asked  him  to  go  to  meeting  but  he  replied  that  he  al- 
ways went  to  the  Quakers  meeting  and  he  scorned  to  go  to  hear  old  Higgenson 
for  he  was  an  oppressor  of  the  poor  and  he  bound  it  by  swearing  by  the  name 
of  God.     Sworn  in  court. 

Sarah  Milke  testified  that  she  saw  Gils  Alley  come  from  William  Lake's 
way  Saturday  about  May  22  so  distempered  with  drink  that  he  ran  against 
the  pales.  Alice  Parker  testified  to  the  same.  They  also  testified  that  Jno. 
Mansfield  and  Jno.  Dunster  came  into  their  house  from  Lake's  way  and 
being  in  drink  frightened  them.  Sworn,  2:2:  1678,  before  Edmund  Batter,* 
commissioner. 

Writ  of  execution,  dated  2:2:  1678,  against  Mr.  John  Gifford,  to  satisfy 
John  Lee,  signed  by  Hilliard  Veren,*  cleric. 

Warrant,  dated  6:3:  1678,  for  the  apprehension  of  Giles  Hibbins,  signed 
by  Edmund  Batter,*  commissioner. 

"William  Dounton,  henery  west  william  Swetland  as  tithingmen  going  to 
see  what  Company  ther  was  in  the  ordenary  and  to  kler  the  houses  after  we 
had  ben  about  the  oupper  part  of  the  town  we  went  to  frances  koUenses  whear 
we  found  william  Curtis  and  thomas  searel  konstabels  sitting  befor  the  fier 
with  ech  of  them  ther  men  to  atend  them  they  told  us  that  thej'  wer  going  the 
Rouns  we  found  them  smoking  and  so  we  left  them  the  euning  being  shet  in 
we  Returned  horn  but  we  thoft  it  was  no  good  exampel  for  konstabels  so  to  doe 

"on  the  4  maj^  being  the  last  day  of  the  last  week  after  the  euning  was  shot 
in  wee  went  to  france?  Collenses  again  and  ther  wee  found  konstabel  tomas 
serel  and  3  more  with  him  discorsing  about  mater  not  sutabel  for  the  begin- 
ing  of  the  Saboth  with  a  pot  in  on  of  ther  hands  wee  told  them  that  it  was  not 
wel  don  to  be  drinking  ther  at  such  a  tim  as  that  was  the  Constabel  Replj^ed 
that  ther  had  ben  no  bear  Cald  for  sine  he  Came  into  the  hous  we  must  Confes 
that  we  saw  no  bear  but  wee  saw  them  seting  Round  together  smoking  and 
the  pot  in  on  of  ther  hands  sum  words  wer  spocken  against  such  an  euel  ex- 
ampel wher  apon  the  Constabel  start  up  from  his  seat  and  in  his  desplesur 
required  us  in  his  magestys  nam  to  go  along  with  him  for  he  was  Resolved  to 
go  to  Gilbord  taplys  wee  Redyly  obeyed  his  Comand  and  went  with  him  and 
as  we  going  doun  along  we  saw  thomas  Ros  Come  out  of  John  taplys  hous  as 
wee  thought  the  Constabel  past  along  by  him  myself  also  past  by  him  and  spack 
not  to  him  but  goodman  west  spak  to  him  and  asked  from  wenc  he  cam  he 
ancered  sorlily  and  said  what  is  that  to  thou  or  words  to  that  purpos  and 
Returned  upon  me  will  Dounton  u'ith  many  abusful  languag  at  which  words 
I  was  not  moued  but  said  to  him  that  he  mit  go  about  his  bus  but  he  being 
disgised  in  drinck  as  we  did  aprihend  and  would  not  be  perswaded  to  go  his 
way  and  we  left  him  and  went  to  John  taplj^s  hous  and  he  folloed  us  to  the  hous 
with  many  thretning  speches  saiing  that  he  would  breack  my  bons  and  his 
stick  was  up  as  thow  he  would  have  executed  his  fury  he  hering  spack  of  going 
to  gilbord  tapleys  said  that  ther  wer  them  that  whould  breack  our  bons  and  far- 
der  said  that  if  he  had  me  but  half  a  mil  from  that  plac  that  he  would  break 
my  bons  T  spack  to  the  Constabel  and  asked  him  wher  he  whould  se  such  an 
abuc  and  not  aprehend  the  man  but  he  was  not  wiling  for  he  did  not  wher 
upon  I  said  if  he  whould  not  then  I  whould  and  Required  the  Constabels 

*  Autograph. 


1678]  RECORDS    AND    FILES  111 

aesitpanc  in  his  magesty  nam  but  he  Replyed  that  wee  Could  not  I»equir  him 
but  paid  that  it  was  an  abus  atorrity  and  said  that  he  must  bear  testamony 
against  it  but  was  not  wiUing  that  he  should  be  caried  before  a  Comishonr 
now  becaus  he  was  in  drink  but  he  was  willing  to  goe  theno  and  wee  broft  him 
away  and  by  the  way  he  said  have  I  ben  a  Captain  for  the  kontry  and  font 
against  the  Ingans  and  now  to  be  handled  by  such  pitiful  fellows  a  pox  tack 
you  al  with  many  other  unkoomly  words  til  wee  cam  to  mister  gidnes  hous." 
Sworn  by  William  Dounton  and  Henry  West,  7:3:  1678,  in  court. 

Writ  of  execution,  dated  29  : 5  :  1678,  against  Mr.  Christopher  Lattamor, 
to  satisfy  judgment  granted  Capt.  Richard  More,  signed  by  Milliard  Veren,* 
cleric,  and  served  by  Henry  Skerry,*  marshal  of  Salem. 

Richard  More's  bill  of  cost,  18s. 

Mr.  Christopher  Lattamor,  Dr.,  May  10,  1675,  for  a  pr.  of  pannells  &  mend- 
ing of  a  Sadie,  3s.;  Making  up  a  sadle,  14s.  6d.;  2  buckells  &  buckling  a  girt, 
6d.;  a  pr.  of  swivell  stirrops  «fe  leathers,  4s.  6d.;  one  smale  Trunke,  4s.;  one 
large  Trunck,  7s. ;  one  fox  chaine  &  coller,  2s.  6d. ;  one  Trunke  more,  4s. ;  one 
snaffell,  9d.;  covering  one  sadell,  only  the  seat  was  your  own,  10s.;  one  stirrop 
Iron  &  a  girt,  2s.;  total,  2h.  2s.  9d. 

Writ:  Richard  More,  as  the  husband  of  the  relict  of  Samuel  Crumton  v. 
Christipher  Lattamor;  debt;  dated  ALay  23,  1678;  signed  by  Hiiliard  Veren,* 
for  the  court;   and  served  by  licnry  Skerry,*  marshal  of  Salem. 

Writ:  Benjamin  Masure  v.  Edmond  Bridges;  debt;  dated  26  : 4  :  1678; 
signed  by  Hiiliard  Veren,*  for  the  court;  and  served  by  R,obert  Lord,*  by  at- 
tachment of  a  shop  of  defendant's. 

Edmund  Bridges'  bill  of  cost,  7s. 

Edmond  Bridges  was  presented  for  his  unfaithfulness  to  Benjamin  Mazure, 
he  being  his  attorney  to  manage  a  case  for  him  when  absent  at  sea,  having  ac- 
cepted 10s.  therefor;  and  upon  an  appeal  from  the  judgment,  he  became  at- 
torney for  the  opposite  side,  Phillip  English. 

Letter  of  attorney,  dated  May  27,  1678,  given  by  Benjamin  (his  mark) 
Mazuref  of  Salem,  fisherman,  to  James  Browne,  glazier,  of  Salem.  Wit: 
Hiiliard  Veren,  sr.,*  and  Timo.  Lindall.* 

Copy  of  bond,  dated  30  :  8  :  1077,  given  for  Benjmain  Mazury's  appear- 
ance, signed  by  James  Browne,  Edmond  Bridges  and  Benjamin  (his  mark) 
Mazury. 

Benjamin  Mazury's  bill  of  cost,  15s.  8d. 

Henry  Skerry,  jr.,  aged  about  forty  years,  and  James  Browne,  aged  about 
thirty  years,  deposed  that  they  saw  the  10s.  paid,  etc.  Sworn,  26  :  12  :  1677, 
before  Bartho.  Gidney,*  commissioner.  Lawrence  Masury  deposed  the  same. 
Sworn,  28  :  3  :  1678,  before  Edmund  Batter,*  commissioner.  James  Browne 
owned  the  foregoing  testimony  in  court. 

Philhp  English,  aged  about  twenty-seven  years,  testified  that  being  in  com- 
pany with  James  Browne  of  Salem  at  Mr.  Danieil  King's  house  sometime  in 
November  last,  he  heard  James  Browne  say  that  he  was  attorney  for  Maziu-e 
and  so  deponent  tried  to  persuade  Edmund  Bridges  to  be  his  attorney  but  he 
refused.     Deponent  then  employed  Lt.  Way  of  Boston.     Sworn  in  court. 

Philhp  English's  reasons  of  appeal,  signed  by  Edmond  Bridges,*  as  attorney: 
"it  is  every  dayes  waye  in  every  trading  towne,  for  marchants  upon  neglect 
of  payment,  for  to  arrest  theire  debtors,"  etc.  The  debt  was  for  the  passage 
of  a  maid  from  Jerzey.     Sworn,  27  :  12  :  1677,  before  Hiiliard  Veren,*  cleric. 

Copy  of  letter  of  attorney,  dated  Oct.  27,  1677,  given  by  Benjamin  (his  mark) 
Mazure  of  Salem,  seaman,  to  James  Browne  of  Salem,  glazier.  Wit:  Hil- 
liarfl  Veren,  sr.,  and  Laurance  Mazure. 

Walter  Fayerfield,  aged  about  forty-seven  years,  deposed.  Sworn,  June 
27,  1678,  before  William  Browne,*  commissioner. 

Nathaniell  Beadle  deposed  that  James  Browne  said  he  received  of  Mazure 
twenty  shillings.  Phillipp  English  testified  to  the  same.  Sworn,  2:5: 
1678,  in  court. 

Writ  of  execution,  dated  Aug.  2,  1678,  against  Thomas  Tuck  to  satisfy 

*  Autograph.  f  Seal. 


112  SALEM  QUARTERLY  COURT  [NoV. 

judgment  granted  Mr.  John  Ruck,  sr.,  signed  by  Hilliard  Veren,*  cleric,  and 
served  by  Henry  Skerry,*  marshal  of  Salem. 

John  Ruck's  bill  of  cost,  14s.  lOd. 

Writ:  Mr.  John  Ruck  v.  Thomas  Tuck,  sr.,  blacki?mith;  debt;  dated  13  : 
4  :  1678;  signed  by  Hilhard  Veren,*  for  the  court;  and  served  by  Henry  Sker- 
ry,* marshal  of  Salem. 

Writ:  Mr.  Steephen  Haskett  v.  Christopher  Latamore;  debt;  dated  14  : 
4  :  1678;  signed  by  HilUard  Veren,*  for  the  court;  and  served  by  Henry 
Skerrj^*  marshal  of  Salem. 

Writ:  Mr.  Steephen  Haskett  v.  Jonathan  Knights;  debt;  dated  14  :  4  : 
1678;  signed  by  Hilliard  Veren,*  for  the  court;  and  served  by  Henry  Skerry,* 
marshal  of  Salem. 

Writ  of  replevin,  dated  5:8:  1078,  for  a  mare  of  Jeremiah  Rogers  im- 
pounded by  John  Bullock,  signed  by  Hilhard  Veren,*  for  the  court,  and 
served  by  John  Norman,*  constable  of  Salem. 

At  a  meeting  of  the  selectmen  of  Salem,  19  : 2  :  1678,  James  Poland  and 
John  Holmes  were  chosen  surveyors  of  fences  in  the  south  field,  as  attest, 
Jno.  Higginson,*  recorder. 

Jno.  Bullock's  bill  of  cost,  13s.  6d. 

John  Simson,  aged  about  forty  years,  testified.  Sworn,  5:9:  1678,  before 
Ed.  Batter,*  commissioner. 

John  Sympson,  aged  forty  years,  deposed  that  being  in  the  south  field 
about  a  week  before  it  was  laid  open,  at  the  time  when  John  Bullock,  the 
hay  ward  of  the  said  field,  had  impounded  a  mare  of  Jeremiah  Rogers,  the 
latter  asked  Bullock  if  he  would  let  his  mare  out  of  pound.  He  said  that  he 
would  not  for  the  mare  had  been  impounded  before  and  it  had  not  been  paid 
for.  Rogers  rephed,  "yor  father  Pickering  hath  put  his  Cattle  into  the  south 
field  many  &  many  a  time  and  1  have  taken  him  coming  out  with  them  which 
I  can  prove  and  after  yor  Fathers  Cattel  haue  been  turned  out  then  you  have 
pounded  other  folks  Cattell,  then  the  sd  Bullock  spake  to  those  that  were 
present  Gentlemen  bear  wittnesse  how  he  abuseth  my  Father  who  scornes 
such  a  thing." 

John  Bullock  testified  to  the  same.  Sworn,  5:9:  1678,  before  Edm. 
Batter,*  commissioner. 

John  Sympson,  aged  about  forty  years,  deposed  concerning  the  gray  mare, 
etc.     Sworn,  5:9:  1678,  before  Edm.  Batter,  commissioner. 

Resolved  White,  aged  about  sixty-three  years,  deposed.  Sworn,  5:9: 
1678,  before  Edm.  Batter,*  commissioner. 

James  Pollard,  aged  about  forty-six  years,  and  John  Holmes,  aged  about 
thirty-nine  years,  chosen  by  the  selectmen  of  Salem  as  surveyors  of  fences 
in  the  south  field,  testified  that  the  north  side  of  the  south  field  fence  was 
suflScient  for  all  orderly  cattle.     Sworn,  Nov.  5,  1678,  before  Bartho.  Gedny, 

commissioner.  ,0  r    n     icto 

Manasseh  Marston  and  John  Glover,   jr.   deposed.     Sworn,   5:9:  IbVS, 

before  Edm.  Batter,*  commissioner. 

Writ:     Leift.  John  Higgenson  v.  Benjamin  Webster;   debt,  for  a  parcel  ot 

leather  which  Webster  took  of  John  Devorix  on  plaintiff's  account;    dated 

15:8:  1678;  signed  by  Hilliard  Veren,*  for  the  court;  and  served  by  Robert 

Lord,*  marshal  of  Salem.     Bond  of  Samll.  (his  mark)  Moses  and  Ben.  (his 

mark)  Webster. 

"M""  John  Devorix  if  you  please  to  accomodate  Ben].  Webster  with  a  p  cell 

Lether  fitt  for  his  use  to  the  value  of  fiue  pounds  1  will  pay  you  for  it  m  Goods 

when  you  please  to  Call  for  it  but  take  his  receipt  for  what  he  has." 

"Salem:     27  March  1678.  Y^  freind  Jn".  Higgmson 

On  the  reverse:     Receipt  signed  by  Benjamin  (his  mark)  Webster.     Jiio. 

(his  mark)  Devorixes  receipt,  dated  9:2:  1678,  to  Jno.  Higginson  for  goods. 

Sworn,  12  :  9  :  1678,  in  court. 

Jno.  Higginson's  bill  of  cost,  Hi.  2s.  4d.  ,  t,  -j 

Warrant,  dated  7:9:  1678,  for  the  appearance  of  Edmond  Bridges,  for 

*Autograph. 


1678]  RECORDS    AND    FILES  113 

swearing,  signed  by  Hilliard  Veren,*  cleric,  and  served  by  Henry  Skerry,* 
marshal  of  Salem,  by  attachment  of  land  and  shop  of  Bridges. 

Warrant,  dated  2:9:  1678,  for  Edmond  Bridges'  appearance  before  the 
Salem  commissioners,  signed  by  Edmund  Batter,*  commissioner,  and  served 
by  William  Curtis,*  constable  of  Salem. 

Summons,  dated  11:9:  1678,  to  Edward  Flint,  Thomas  Robbins,  John 
Cook  and  Joseph  Gatchell,  as  witnesses  in  the  foregoing  case,  signed  by  Hil- 
liard Veren,*  cleric,  and  served  by  Henry  Skerry,*  marshal. 

Summons,  dated  12  :  11  :  1678,  to  Mathew  Barton,  as  a  witness  in  Bridge's 
case,  signed  by  Hilliard  Veren,*  cleric. 

Joseph  Gatchell,  aged  about  twenty-six  years,  testified  that  he  heard  Ed- 
mond Bridges,  sr.,  affirm  in  open  court  when  he  appeared  against  Richard 
Croade  that  it  had  been  a  common  thing  at  Croade's  house  for  these  seven 
years  to  give  entertainment  to  Indians  and  sell  liquor  to  them,  to  which  all 
the  neighbors  could  testify.  Also  Edward  Bridges  said  that  he  had  no 
friend  in  Salem  but  the  honored  Court  and  that  two  Indians  came  to  his 
house  on  a  Saturday  night  drunk  from  Croad's  house  and  he  arose  from  his 
bed  to  beat  them  away.  Sworn,  1:8:  1678,  before  Edmund  Batter,* 
commissioner. 

Hugh  Joanes,  aged  about  forty  years,  testified  that  he  heard  Edmund 
Bridges,  sr.,  say  to  Mrs.  Croade  in  her  house  since  she  kept  ordinary,  etc. 
Sworn,  2:7:  1678,  before  Edm.  Batter,*  commissioner. 

Hugh  Joanes,  aged  about  forty  years,  deposed  that  he  was  in  the  house  of 
Mrs.  Croade  when  Edmond  Bridges  was  sitting  by  the  fire  near  her,  and  de- 
ponent leaned  his  hand  upon  the  back  part  of  the  chair  in  which  Bridges  sat, 
taking  notice  of  his  actions  toward  her.  John  Procter,  sitting  by  the  same 
fh-e,  said  to  Bridges,  "I  do  not  doubt  but  thou  wilt  be  ye  First  that  will  doe 
this  woman  a  damage  if  ever  thou  hast  opportunity."  Bridges  replied, 
"Noe  I  wish  I  may  perish  If  ever  I  doe  her  a  mouth  full  of  wrong"  and  he 
swore  by  his  maker  and  wished  the  ground  might  open  and  swallow  him  up 
alive,  etc.     Sworn,  2:7:  1678,  before  Edm.  Batter,*  commissioner. 

Joseph  Gatchell,  aged  about  twenty-six  years,  testified  that  being  in  Mr. 
King's  entry  at  the  court  adjournment  when  Edmond  Bridges  had  appeared 
against  Richard  Croade,  Mrs.  Croade  said  "Neighbor  Bridges  J  am  glad  to 
see  you  well,  but  I  should  be  glad  to  see  you  better;  you  have  forgott  since 
you  wisht  God  might  confound  your  body  &  Soule  if  ever  you  went  about  to 
do  me  wrong."  Bridges  replied,  lifting  up  his  hands  and  eyes  toward  heaven, 
"Ay,  I  have  forgott  it,  for  I  never  spake  y^  words."  Sworn,  1:8:  1678, 
before  Edmu.nd  Batter,*  commissioner. 

Joseph  Gatchell,  aged  about  twenty-six  years,  testified  that  being  at  Ed- 
mond Bridges'  house  to  confer  with  him  about  a  bill  he  had  upon  Edward 
Richards  of  Lynn,  said  Bridges  advised  deponent  to  try  the  case  before  Major 
Hathorne  and  he  would  plead  the  case  for  him  for  5s.,  saying  "my  life  for 
y®  Cause,  drumm  Major,  I  will  recover  y*'  money  for  I  never  loose  a  Case 
before  Major  Hathorne."  Deponent  said  that  for  his  trouble  he  would  hke 
to  be  at  the  expense  of  a  pint  of  hquor,  and  Bridges  said  to  send  to  Croad's 
"for  He  never  leaue  sending  thither  till  I  rout  them  for  theire  ordinary  keep- 
ing my  fife  for  ye  cause  sayes  Bridges.  Come  M''  Blano  drinke  to  my  Lady 
eayes  y*^  said  Bridges."  Sworn,  1:8:  1678,  before  Edmund  Batterj*  com- 
missioner. 

John  Phelps,  aged  about  thirty-six  years,  testified.  Sworn,  25  :  7  :  1678, 
before  Edmund  Batter,*  commissioner. 

John  Cook,  aged  about  thirty  years,  testified.  Sworn,  2:7:  1678,  before 
Edm.  Batter,*  commissioner.     Peeter  Cloyes  testified. 

Charles  Phillips,  aged  about  fifty  years,  testified  that  he  heard  Bridges  say  in 
the  latter's  house  that  he  wished  that  he  might  never  enter  into  the  kingdom 
of  heaven  if  he  ever  did  Mrs.  Croade  any  harm.  Sworn,  12  :  6  :  1678,  before 
Edmund  Batter,*  commissioner. 

Edward  Flint  and  Thomas  Robbins  deposed  that  they  never  knew  that 

*Autograph. 


114  SALEM  QUARTERLY  COURT  [NoV. 

Elias  Pickworth  v.  Richard  Thistle.     Nonsuited.* 


*Writ:  Elias  Pickworth  v.  Richard  Thistle;  for  not  teach- 
ing him  the  trade  of  a  cooper  as  agreed,  on  May  9,  1672,  by 
covenant;  dated  Oct.  28,  1678;  signed  by  Thos.  Fiske,t  for 
the  court;  and  served  by  John  Sampson,!  constable  of  Beverly 
by  attachment  of  the  dwelling  house  of  defendant. 

Croade  or  any  of  his  family  sold  drink  to  Indians.  Sworn,  12  :  9  :  1678, 
in  commissioners'  court. 

John  Procter,  aged  about  forty-six  years,  deposed.  Sworn,  12  :  6  :  1678. 
before  Edmond  Batter,!  commissioner. 

At  a  Commissioners'  Court,  Oct.  2,  1678,  Joseph  Getchell  v.  Sarah  Haven, 
for  debt,  judgment  respitted  until  the  court  to  be  held  Nov.  5,  when  court 
gave  judgment  for  defendant. 

Jeremiah  Rogers  v.  John  Bulock;  for  replevin  of  a  mare;  judgment  for 
defendant. 

Eleazer  Keizer,  for  violence  toward  William  Pinson,  was  fined. 

Leift.  John  Higginson  v.  Benjamin  Webster;    debt;    judgment  respitted. 

Edmund  Bridges  was  fined  for  contempt. 

Mr.  John  Hegson,  Dr.,  for  a  Paer  of  Pla  shooes  for  Paul  Mansfeld,  6s.,  for 
his  wife's  shoes,  6s.,  Damaros  a  paer,  6s.;  2  Paer  of  cheldn  shoes,  6s.  6d.; 
menden,  2s;  menden.  Is.  6d.;  for  youerselfe  for  menden  child  shoo,  3d.;  for 
menden  yom*  mads  shooes,  6d.;  5  Paer  of  Plan  shooes,  Ih.  5s.;  2  Paer  of 
woman  shooes,  12s.;  2  Paer  of  mens  shooes,  14s.;   total,  3h.  19s. 

Writ  of  execution,  dated  28  :  9  :  1678,  against  Joseph  Gatchell  to  satisfy 
judgment  granted  Sarah  Haven,  signed  by  Hilliard  Veren,t  cleric,  and  served 
by  Henry  Skerry,t  marshal  of  Salem,  who  sent  the  money  to  said  Sarah  by 
her  messenger,  John  Tarbox  and  John  or  Thomas  Nowell  of  Lin. 

Warrant,  dated  2:9:  1678,  for  the  appearance  of  Elieaser  Keiser,  signed 
by  Edm.  Batter,!  commissioner. 

Summons,  dated  2:9:  1678,  to  Benjamin  Keaser,  Moses  Vowden  and 
John  Mansfeild,  as  witnesses  in  the  action  between  William  Pinson  and  Elizer 
Keaser,  signed  by  HilUard  Veren.f 

Benjamin  Keyser,  aged  about  twenty  years,  deposed  that  when  Wm.  Pin- 
son came  into  his  father's  house,  his  brother  Eleazer  Keysor  shut  the  door 
and  quarrelled  with  him  and  would  not  let  him  out.  Sworn,  2:9:  1678,  before 
Edm.  Batter,!  commissioner. 

WilHam  Pinson's  bill  of  cost,  10s. 

Due  to  Mrs.  Mold  from  William  Pencens,t  for  three  sear  cloaths  and  a 
pott  of  ointment,  8s.,  for  use  on  a  hurt  received  by  Eliezar  Kezar. 

Marah  Tarboxe  testified  that  sometime  last  September  being  at  his  fath- 
er Haven's  house,  when  Joseph  Gatchil  and  Sarah  Haven  were  reckoning  for 
work  done  by  Gatchil  in  his  trade  and  for  what  he  had  laid  out  in  finishing 
her  clothes,  Gatchil  said  if  she  would  pay  him  2s.  in  money  or  mutton,  the 
account  would  be  settled.  Rich.  Haven,  sr.,  of  Lin  testified  to  the  same. 
Susanah  Haven,  aged  about  fifty-six  years,  testified  to  the  same.  Sworn, 
Nov.  5,  1678,  before  Bartho.  Gedney,t  commissioner. 

John  Mansfield,  aged  twenty  years,  and  Moses  Vouden,  aged  about  thir- 
ty years,  deposed  that  they  heard  a  great  noise  in  Mr.  Keysor's  house  and 
going  in  heard  Keysor  say  to  Wm.  Pinson  that  if  he  did  not  pay  him  two 
shillings  he  would  have  his  skin,  etc.  Sworn,  4:9:  1678,  before  Edm.  Bat- 
ter,! commissioner. 

William  Pinson,  aged  thirty  years,  deposed  that  Keysor  struck  him  a 
violent  blow  on  the  breast  and  madly  tearing  him  by  the  coat  said  "I  will  have 
your  heart  Blood  you  Dogg,"  etc.  Sworn,  2:9:  1678,  before  Edm.  Batter,! 
commissioner. 

t  Autograph. 


1678]  RECORDS    AND    FILES  115 

Benjamin  Marshall  v.  Capt.  John  Whiple  and  Ensign  Tho. 
Burnam.     Verdict  for  defendant.* 

*Writ:  Benjemin  Marshall  v.  Capt.  John  Whipple  and 
Ensign  Thomas  Burnam  of  Ipswich;  for,  under  pretence  of 
power  from  the  town  of  Ipswich,  making  a  line  and  bound 
in  his  land,  by  which  about  fifty  acres  of  land  is  cut  off,  which 
land  is  part  of  a  farm  formerly  John  Cogswell's,  deceased, 
commonly  called  the  great  pasture;  dated  Nov.  18,  1678; 
signed  by  Thos.  Fisk,t  for  the  court;  and  served  by  Robert 
Lord,t  marshal  of  Ipswich,  by  attachment  of  land  of  Ensign 
Tho.  Burnam.  4"^ 

At  a  meeting  of  the  selectmen  Sept.  19,  1678,  "The  select 
men  understanding  that  the  Line  betwen  the  comon  and  the 
grat  pastur  was  run  by  the  mutuall  agrement  of  the  owner  and 
som  sent  by  the  select  men  and  setled  by  the  Consent  of  both 
parties  doe  therfor  null  what  was  done  the  4**^  of  January 
1677  by  m''  wade  and  the  rest  with  him."  Copy  made  by 
Robert  Lord,t  cleric. 

Copy  of  indenture,  dated  Jan.  16,  1650,  between  Daniell 
Denison,  Robert  Paine,  William  Paine  and  William  Bartholmew 
all  of  Ipswich  on  one  part,  and  John  Cogswell,  jr.,  of  Ipswich,  on 
the  other  part,  in  which  the  former  leased  to  the  latter  all  land 
in  Ipswich  commonly  called  the  neck  beyond  Chebacco  river, 
bounded  by  the  said  river  on  one  side,  and  by  two  great  creeks 
on  the  other  two  sides,  and  by  the  heads  of  the  said  creeks,  as 
it  was  formerly  bounded,  upon  a  straight  line  from  either, 
extending  within  two  rods  of  the  line  that  divides  Ipswich  from 
Gloucester  bounds,  which  land  was  granted  to  said  Denison 
and  others  by  the  town  of  Ipswich  for  the  use  of  a  free  school 
in  Ipswich  forever;  the  lease  was  for  a  thousand  years,  with 
annual  payment  of  141i.  in  butter,  cheese,  beef,  pork,  corn,  and 
Cogswell  was  to  be  allowed  for  any  town  rates,  but  not  for 
county  rates  or  ministry  maintenance,  etc.  Wit:  Joseph 
Paine,  Francis  French,  Joseph  Noyes  and  John  Paine.  Copy 
made  by  Robert  Lord,t  cleric. 

Copy  of  lease,  dated  Dec.  6,  1673,  given  by  Samuell  Cogs- 
well of  Ipswich  to  Samuell  Pippen  of  Ipswich,  husbandman,  of 
a  farm  in  Ipswich  of  300  acres  on  the  south  side  of  Chebacco 
river,  for  ten-  years,  paying  the  first  two  years,  42s.  yearly, 
and  the  last  six  years,  lOli.  annually,  in  pork,  beef,  butter, 
cheese,  wheat  malt  or  Indian  corn;  said  Pippen  was  given  the 
right  to  cut  timber  for  finishing  the  house  and  building  a  barn 
and  other  housing  for  cattle,  also  for  firewood  and  fencing, 
and  what  land  he  cleared  for  corn,  he  could  have  the  use  of 
the  wood,  also  he  should  be  allowed  for  the  buildings  erected 
at  the   end  of  the  lease.     Wit:    James   Chute   and   Thomas 

fAutograph. 


116  SALEM  QUARTERLY  COURT  [NoV. 

Dennes.  Recorded,  Jan.  30,  1677,  among  the  records  of  lands 
for  Essex,  book  4,  p.  125,  by  Robert  Lord,*  recorder.  On 
Jan.  25,  1674,  Samuell  Cogswell  assigned  this  lease  to  his 
brother  John  Cogswell.  Wit:  Joseph  Lee  and  Samuell 
Graves.  On  Dec.  6,  1677,  John  Cogswell  of  Ipswich  assigned 
this  lease  to  Benjamin  Marshall  until  the  end  of  Samuell 
Pipins'  term.  Wit:  Phihp  Fowler  and  William  Goodhu, 
jr.     Copy  made  by  Hilliard  Veren,*  cleric. 

Copy  of  lease,  dated  Jan.  5,  1677,  given  by  John  Cogswell 
of  Ipswich,  administrator  of  the  estate  of  his  brother  Samuell 
Cogswell,  late  of  Ipswich,  to  Benjamin  Marshall  of  Ipswich, 
shipwright,  all  the  land  which  said  Samuell  formerly  let  to  Sam- 
uell Pipin,  except  that  parcel  sold  by  Samuell  to  Abraham  Perkins 
at  the  Island  beyond  Chebacco  river,  it  being  part  of  the  farm 
his  father  had  by  lease  from  the  town  of  Ipswich,  ''bounded  by 
Chebacco  river  on  the  northwest  upon  John  Cogswells  Land 
on  the  northeast  from  william  thomsons  corner  being  a  Crotched 
maple  tree  marked  on  two  sids  and  soe  runing  up  to  gloster 
line  the  next  marked  tree  being  a  hemlock  and  thre  more  white 
oakes  all  marked  with  three  notches  on  either  side  one  a  straight 
linne  from  tree  to  tree  gloster  line  on  the  east  as  it  is  bounded 
in  the  grand  lease  coman  lands  of  Ipswich  towards  the  south 
wilham  androus  land  towards  the  west,"  and  paying  46s.  8d. 
annually  in  butter,  cheese,  beef  and  corn,  etc.  Wit:  William 
Goodhue,  jr.  and  Philep  Fowler.  Recorded  Mar.  5,  in  the 
record  of  lands  for  Essex,  book  4,  p.  136  by  Robert  Lord,* 
recorder. 

John  Giddins  and  Samuell  Giddins  testified  that  they  were 
desired  to  go  over  Chebaco  river  to  that  farm  commonly  called 
the  new  pasture  to  measure  the  width  between  the  head  of 
Whitredg's  creek  and  the  head  of  John  Burnam,  sr.'s  creek  and 
to  measure  the  breadth  upon  Gloster  line  from  John  Bur- 
nam, sr.'s  corner  bound  tree  to  a  maple  tree  near  Gloster  Hne 
which  was  marked  with  a  stone  at  the  root  in  a  small  swamp. 
They  found  the  first  86  rods  longer  than  the  second,  which 
Corporal  Andrews,  Benjamin  Marshall  and  William  Androws 
said  Insign  Burnam  and  Capt.  Whiple  marked.  Sworn, 
Nov.  22,  1678,  before  Daniel  Denison.* 

Moses  Pengre,  sr.,  deposed  concerning  the  measurements. 
Sworn,    Nov.    25,    1678,    before   Daniel    Denison.* 

John  Burnum,  sr.,  deposed.  Sworn,  Nov.  25,  1678,  before 
Daniel  Denison.* 

Samuell  Peppen  and  William  Andrews  deposed  that  they 
were  upon  this  land  about  two  years  and  saw  a  great  many 
pine  trees  felled  and  John  Burnum,  jr.,  said  he  felled  two  of 
them  and  his  father  Ensign  Burnam  the  rest,  etc.  Sworn  in 
court. 

*  Autograph. 


.v*/ 


'^c- 


^ 


.^- 


1678]  RECORDS    AND    FILES  117 

William  Andrews  deposed  that  he  went  along  with  Ensign 
Burnum,  Dekon  Pingrin  and  Goodman  Roper  when  they  laid 
out  John  and  Samuell  Cogswell's  farm  and  deponent's  father 
went  with  them,  etc.       Sworn  in  court. 

Robart  Cross  and  Thomas  Varny  testified  that  about  five 
or  six  years  ago  they  were  at  the  running  of  the  line  and  it 
was  agreed  that  John  Cogswell  should  have  the  lower  part  of 
the  farm  toward  Chebacco  bridge  and  Samuell  Cogswell  the 
upper  part,  against  Ipswich  common,  etc.  Sworn  by  Varney 
on  Nov.  22  and  Cross  on  Nov.  25,  1678,  before  Daniel  Denison.* 

Jno.  Brewer,  aged  fifty-two  years,  testified.  Sworn,  Nov. 
24,  1678,  before  Jo.  Woodbridge,*  associate. 

John  Andrews,  sr.,  testified  as  to  the  selectmen  laying  out 
the  land  and  marking  the  bounds.     Sworn  in  court. 

Daniell  Epps,  aged  about  fifty-four  years,  deposed.  Sworn 
Nov.  25,  1678,  before  Daniel  Denison.* 

John  Cogswell,  aged  twenty-seven  years,  deposed.  Sworn, 
Nov.  23,  1678,  before  Daniel  Denison.* 

Margaret  Cogswell,  aged  twenty-five  years,  deposed  that 
she  being  in  company  with  her  husband,  etc.  Sworn,  Nov. 
23,  1678,  before  Daniel  Denison.* 

Robert  Lord,  sr.,  aged  seventy-five  years,  deposed.  Sworn, 
Nov.  25,  1678,  before  Daniel  Denison.* 

Moses  Pengry,  sr.,  deposed  concerning  thg  line.  Sworn, 
Nov.  22,  1678,  before  Daniel  Denison.* 

Jonathan  Wade*  and  Thomas  Wade*  deposed  that  when 
the  suit  was  withdrawn  in  Sept.,  last,  between  themselves  and 
Benjamin  Marshall,  they  advised  WiUiam  Andrews  to  drop  the 
matter  but  he  said  he  would  spend  all  he  had  before  he  would 
let  the  case  go.  Sworn,  Nov.  25,  1678,  before  Jo.  Woodbridge,* 
associate. 

John  Burnum,  aged  sixty-three  years,  deposed  that  he  was 
with  Capt.  Whipple,  etc.     Sworn  in  court. 

John  Andrews,  sr.  and  William  Andrews  deposed.  Sworn 
in  court. 

William  Goodhew,  jr.,  deposed  concerning  going  with  Good- 
man Lovewell  to  run  the  line,  etc.     Sworn  in  court. 

Simon  Stace,  aged  forty-one  years,  deposed.  Sworn,  Nov. 
25,  1678,  before  Jo.  Woodbridge,*  associate. 

Thomas  Wade,  aged  about  twenty-eight  years,  deposed 
concerning  measuring  the  bounds.  Sworn,  Nov.  25,  1678, 
before  Jo.  Woodbridge,*  associate. 

John  Burnam,  aged  about  thirty  years,  testified  that  his 
father  Ensign  Burnam  and  his  uncle  John  Burnam,  etc.  Sworn 
Nov.  22,  1678,  before  Daniel  Denison.* 

Samuell  Peppen,  aged  about  thirty-five  years,  deposed. 
Sworn,  June  19,   1678,  before  Daniel  Denison.* 

*  Autograph. 


118  SALEM  QUARTEELY  COURT  [NoV. 

William  Haines  v.  Henry  Williams.     Nonsuited.* 
Thomas  Hore  v.  James  Pitman.     For  shooting  Eliza,  wife 

of  said  Hoare  with  a  gun.     Verdict  for  plaintiff.     Defendant 

was  to  pay  the  doctor  for  the  full  cure.f 

Bill  of  cost  of  Thomas  Burnum  and  John  Whipple,  21i.  13s. 
8d. 

At  a  meeting  of  the  selectmen  Mar.  9,  1671-2,  "ordered  that 
Decon  Pengry,  Walter  Roper  and  Sergent  Burnam  shall  sett 
the  bounds  of  m""  John  Cogswell  his  farme  betweene  that  farme 
&  the  common  and  Gloster  line  according  to  lease."  Copy 
from  Ipswich  town  book.  May  16,  1678,  by  Robert  Lord, J 
cleric. 

*Writ:  William  Haines,  school  master  in  Linne  v.  Henry 
Williams;  debt  for  summering  and  wintering  a  bull  of  his  about 
five  years;  dated  Oct.  14,  1678;  signed  by  Hilliard  Veren,| 
for  the  court;  and  served  by  Thomas  Laughton,J  constable 
of  Lyn. 

Henry  Williams'  bill  of  cost,  4s. 

fWrit,  dated  Nov.  19,  1678,  signed  by  Moses  Mavericke,| 
for  the  court,  and  served  by  William  Wood, J  constable  of  Mar- 
blehead. 

Thomas  Hore's  bill  of  cost.  Hi.  12s.  3d. 

Petition,  dated  Marblehead,  Nov.  25,  1678,  of  Samll.  Ward,t 
Lieut.,  and  Richard  Norman, f  Ensign:  "about  six  weks  agoe 
upon  a  traiening  day  we  tooke  up  a  vacant  plase  about  our 
wach  hous  for  our  Exercies  which  we  guardid  round  with 
musketers  and  Cleared  the  ground  we  ordered  all  parsons  to 
kep  of  and  Liekwies  ordered  all  our  sentenells  to  keep  out  all 
peopl  and  let  non  in  without  order  at  which  tiem  we  had  an 
other  partie  that  waer  to  alarum  us  in  which  tiem  thaer  Caem 
a  woman  on  Elisabeth  hoaer  and  presd  upon  on  of  the  sentenills 
who  Comandid  harr  to  stand  of  but  she  refusing  as  we  aer  in- 
formed was  fierd  at;  what  hurt  she  Resaieved  we  umblie  Con- 
seaive  she  might  have  avoieded  if  she  had  pleasd  but  by  harr 
own  relation  she  hath  formerlie  oferd  the  sentinells  abus  in  the 
saem  maner." 

Edward  Benit,  aged  twenty-three  years,  and  Petter  Kery, 
aged  thirty-four  years,  deposed  that  at  the  last  training  day 
at  Marvelhead  in  the  time  of  skirmishing.  Jams  Pitman  was 
set  as  sentinel  and  when  Elisabeth  Hore  passed  at  a  consider- 
able distance,  he  went  out  of  his  place  and  discharged  his  gun 
so  near  her  that  the  fire  burnt  her  clothes  and  flesh  and  the 
force  struck  her  down  to  the  ground.     Sworn  in  court. 

Thomas  Tener,  aged  forty  years,  deposed  that  he  took  Elis- 
abeth up  from  the  ground,  etc.     SAvorn  in  court. 

I  Autograph. 


1678]  RECORDS    AND    FILES  119 

Michaell  Bowden  v.  Capt.  James  Smith.  Verdict  for 
plaintiff.  Appealed  to  the  next  Court  of  Assistants.  James 
Smith  bound,  with  Samuell  Ebborne  and  John  Baker  as  sure- 
ties.* 


James  Dennis,  aged  thirty-six  years,  and  Nathaniell  Walton, 
aged  about  forty  years,  deposed  that  the  sentinels  were  placed 
three  rods  apart,  and  Elisabeth  tried  to  get  in  between  two  of 
them,  etc.     Sworn  in  court. 

Receipt  of  Rich.  Knott,t  chyr.,  to  James  Pittman,  dated 
Nov.  25,  1678,  for  curing  the  wound. 

*Writ:  Michall  Bouddon  v.  James  Smith;  for  not  paying  a 
debt  due  from  Mary,  wife  of  said  James  Smith;  dated  19  : 
9  :  1678;  signed  by  Ephraim  Turnor,t  for  the  court;  and 
served  by  Joseph  Webb,t  marshal  of  Suffolk.  Bond  of  James 
Smith.f 

Mary  Smith, f  on  9:11:  1676,  acknowledged  the  debt  of 
391i.  2s,  Wit:  Samuel  (his  mark)  Aborn  and  Samuel  Nurs.f 
Samuel  Nursf  made  oath  to  the  signature. 

Micall  Bouden's  bill  of  cost.  Hi.  8s. 

Frances  Nors,  aged  about  fifty-eight  years,  and  Edmund 
Bridges,  aged  about  forty-two  years,  deposed  that  a  month 
since  Capt.  Smith  told  them  that  he  had  made  his  wife  his 
attorney  in  his  absence,  whereupon  his  tenant  Mikell  Bouden, 
etc.     Sworn  in  court. 

Samuell  Sendall,  aged  about  sixty  years,  testified  that  a 
month  since  he  was  asked  by  James  Smith  to  go  with  him  to 
the  latter's  farm  at  Marblehead  on  which  one  Michaell  Bowden 
was  living,  and  met  there  Bowden,  his  father-in-law,  his  uncle 
Bridges  and  one  of  his  brothers-in-law,  etc.  Sworn,  Nov.  25, 
1678,  before  Edward  Tyng.f  assistant. 

Mary  Smith,  aged  forty-eight  years,  Ann  Smith,  aged 
nineteen  years  and  Sarah  Smith,  aged  seventeen  years,  tes- 
tified that  two  years  ago,  Machell  Bowden,  Francis  Nurse 
and  his  son  came  to  Boston  to  the  house  where  James  Smith 
now  lives,  and  Mary  Smith  signed  a  paper  which  she  did  not 
understand,  being  persuaded  against  her  will.  Samuel  Aborn 
her  brother-in-law,  was  then  in  the  house  on  the  bed  and  they 
called  him  to  witness  it.  Mary  could  not  sleep  pondering 
what  she  had  done  and  rose  before  day  and  called  the  men  up 
saying  that  they  had  made  no  account  of  the  produce  of  the 
farm,  carting  with  the  team  nor  increase  of  creatures.  Nurse 
replied,  "I  protest  Michell  the  woman  speaks  nothing  but 
reason  and  you  must  Recktify  things."  But  Bowden  refused 
to  give  up  the  paper.  Later  Bowden  went  to  Boston  to  have 
another  accounting  but   Mary  refused  to  do  anything  until 

t  Autograph. 


120  SALEM  QUARTERLY  COURT  [NoV. 

Ephraim  Fellowes,  Joseph  Fellowes  and  Samuell  Fellowes, 
administrators  of  the  estate  of  William  Fellowes,  and  Isaac 
Fellowes  for  himself  v.  Nathaniell  Jacob,  executor  of  the 
estate  of  Richard  Jacob.  Review.  Verdict  for  plaintiff. 
Appealed  to  the  next  Court  of  Assistants.  Nathaniell  Jacob 
bound,  with  Tho.  Knoulton  and  Tho.  Jacobs  as  sureties.* 

her  husband  came  home.  Bowden  said  he  wanted  money  to 
finish  the  barn  he  was  building.  She  bade  him  keep  the 
produce  of  the  farm  and  sell  her  husband's  horse,  etc.  Sworn 
Nov.  25,  1678,  before  Edward  Tyng,t  assistant. 

*Writ,  dated  Nov.  20,  1678,  signed  by  Robert  Lord,t  for 
the  court,  and  served  by  Tho.  Lovell,t  deputy  for  Robert 
Lord,t  marshal  of  Ipswich. 

Nathaniel  Jacob's  bill  of  cost,  21i.  5s.  Id. 

Ephraim  Fellows'  as  attorney,  bill  of  cost,  21i.  4s.  6d. 

William  Dorge,  sr.  and  Joseph  Ayers,  deposed  that  being 
desired  by  Ephraim  Fellows  to  appraise  a  parcel  of  corn  which 
was  destroyed  by  swine,  said  it  was  at  least  twenty  bushels 
of  Indian  corn.     Sworn,  23  :  9  :  1678,  before  Daniel  Denison.f 

Joseph  Jacob,  aged  about  twenty-two  years,  testified  that 
when  Corporal  Andrews  came  to  deliver  the  farm  to  his  fath- 
er, he  said  that  there  was  a  parcel  of  land  which  he  had  for- 
gotten to  tell  them  of,  near  Walker's  swamp.  Sworn,  Nov. 
25,   1678,  before  Daniel  Denison.f 

Thomas  Lovell,  deposed  that  he  measured  the  land  and 
there  were  three  acres  and  thirteen  rods,  and  Samuel  Ayers, 
jr.  was  present.     Sworn,  23  :  9  :  1678,  before  Daniel  Denison.f 

Thoms.  Knowlton,  aged  about  thirty-six  years,  and  Willm. 
Knowlton,  aged  thirty-four  years,  testified.     Sworn  in  court, 

John  Appleton,  sr.,  of  Ipswich,  aged  about  fifty-seven  years, 
deposed  that  his  brother  Jacob,  etc.  Sworn,  Nov.  25,  1678, 
before  Daniel  Denison.f 

William  Knowlton  deposed  that  being  a  servant  of  Ser- 
geant Richard  Jacob,  etc.     Sworn  in  court. 

Thomas  Jacob  deposed  that  his  father  ordered  Master 
John  Apleton  to  pay  Andrews,  etc.      Sworn  in  court. 

Copy  of  deed,  dated  Apr.  4,  1663,  given  by  Sarah  Andrews, 
widow  of  Jno.  Andrews  of  Lynne,  deceased,  to  Richd.  Jacob 
of  Ipswich,  for  50s.,  two  parcels  of  land  formerly  belonging 
to  her  husband  but  now  in  occupation  of  Richd.  Jacob;  the 
first  parcel  of  four  acres  lay  between  Mile  brook  and  Mr.  Sal- 
tonstall's  forty  acres,  the  other  one  acre  on  the  other  side 
of  the  farm  bounded  by  Walker's  swamp,  Mile  brook  and 
land  of  Goodman  Fellows.  Wit:  Thomas  Andrews  and  Daniel 
Epps. 

t  Autograph. 


1678]  RECORDS    AND    FILES  121 

Abraham  Perkins  v.  Theoder  Atkenson,  sr.  Verdict  for 
plaintiff.  Tho.  Rumery,  attorney  to  defendant,  appealed  to 
the  next  Court  of  Assistants,  and  was  bound  with  Capt.  Price 
as  surety.* 

Thomas  Jacob,  aged  about  thirty-eight  years,  deposed. 
Sworn  in  court. 

Letter  of  attorney,  dated  Nov.  23,  1678,  given  by  Isack 
Fellows,t  Samuell  Fellowsf  and  Joseph  Fellowsf  to  Ephraim 
Fellows,  their  brother.  Wit:  Robert  Lord, J  marshal  and 
Daniell  Wikam.J     Sworn  in  court. 

John  Pengelly,  aged  about  twenty-eight  years,  testified. 
Sworn,  Oct.  28,  1678,  before  Daniel  Denison.t 

John  Pengelly,  aged  about  twenty-eight  years,  deposed  that 
his  master  Jacob  repaired  the  fence,  etc.  Sworn,  Oct.  28, 
1678,  before  Daniel  Denison.J 

Daniell  Weickum  and  Nathaniell  Healy  deposed  that  being 
in  company  with  Nathaniell  Jacobs  at  the  Deputy  Governor's 
house,  etc.  Sworn,  by  Healy,  Nov.  23,  1678,  before  Daniel 
Denison,t  and  by  Wicom  in  court. 

William  Dillo,  aged  about  forty-five  years,  deposed  that 
being  a  servant  to  Corporall  John  Andrews,  he  received  twenty 
bushels  of  malt  at  Mr.  Appeiton's  for  the  acre  of  land.  Also 
that  he  heard  his  Master  Andrews  tell  William  Fellowes  at 
Mr.  Corwin's  shop  at  Salem,  etc.  Sworn,  20  :  7  :  1678,  be- 
fore William  CowdryJ  and  John  Dammon,J  commissioners  of 
Redding. 

Thomas  Ayers  testified.  Sworn,  Nov.  25,  1678,  before 
Daniel  Denison.| 

John  Pengelly,  aged  about  twenty-eight  years,  deposed 
that  the  land  was  fenced  in  when  he  came  into  the  country 
about  eleven  years  ago,  etc.  Sworn,  Oct.  28,  1678,  before 
Daniel  Denison.J 

*Writ:  Abraham  Perkins  v.  Mr.  Theoder  Adkisson,  sr., 
for  denying  that  he  had  given  a  letter  of  attorney;  dated 
Sept.  26,  1678;  signed  by  Robert  Lord,t  for  the  court;  and 
served  by  Danill  Wicom, t  deputy  for  Robert  Lord,t  marshal 
of  Ipswich.  Bond  of  Theoder  Atkinson^  of  Boston,  with 
John  Atkinson,!  as  surety.  Wit:  Tho.  Woodbridge|  and 
Edmond  Bridges,  t 

Abraham  Perkins'  bills  of  cost,  21i.  6s.  8d.,  and  121i.  4s.  lOd. 

Bill  of  cost  of  Tho.  Rumsey,  attorney  to  Mr.  Theoder 
Atkinson,  8s. 

Daniell  Wycom  and  Robert  Lord,  jr.,  deposed  that  Atkin- 
son told  Perkins  if  he  could  prove  that  he  gave  a  letter  of 
attorney  to  his  son,  he  w^ould  pay  the  debt.     Sworn  in  court. 

t  Autograph  and  seal.  t  Autograph. 


122  SALEM  QUARTERLY  COURT  [NoV. 

William  Longfellow  v.  John  Pickard  and  Ezekiell  Northend, 
as  inhabitants  of  the  town  of  Rowlj^  and  as  lot  layers  or  men 
appointed  to  divide  or  lay  out  land  in  said  town  in  behalf  of 
Rowley.  Special  verdict.  If  Henry  Sewall,  grantor  of  the 
deed  to  Longfellow,  were  a  lawful  heir  to  Henry  Seawall  of 
Rowlj^  deceased,  they  found  for  plaintiffs,  nine  gates  with 
all  privileges;  if  otherwise,  for  defendant.  Court  gave  judgment 
for  plaintiff.  Appealed  to  the  next  Court  of  Assistants.  De- 
fendants bound,  with  Mr.  Nehemiah  Juett  as  surety.* 

Copy  of  letter  of  attorney  made  by  Robert  Lord,t  cler. 

Letter  of  attorney,  dated  Nov.  25,  1678,  given  by  Theoder 
AtkinsonJ  of  Boston  to  Thomas  Rumrey  of  Boston,  gentleman. 
Wit:     Jonathan   Howard,!   notary  public. 

*Writ:  William  Longfellow  v.  John  Pickard,  sr.,  and 
Ezekiell  Northend,  lot  layers  of  Rowley;  for  not  laying  out  to 
him  his  proportion  of  gate  land  that  belonged  to  the  right  of 
Mr.  Henry  Sewall,  purchased  by  him  of  Mr.  Edward  Carlton, 
and  by  the  heir  of  said  Sewall  conveyed  to  Longfellow;  dated 
Nov.  19,  1678;  signed  by  Robert  Lord,t  for  the  court;  and 
served  by  Robert  Lord,t  marshal  of  Salem,  by  attachment  of 
the  house  and  barn  of  said  Northend,  and  land  of  said  Pickard. 

Bill  of  cost  of  defendants,  Hi.  10s. 

George  White  deposed  that  he  was  at  the  house  of  Ezekiell 
Northend  of  Rowley  when  Longfellow  demanded  the  gate  land 
of  nine  other  gates,  and  helped  measure  two  bushels  of  good 
old  Indian  corn  which  Longfellow  left  as  pay  for  the  laying 
out,  etc.  Sworn,  Nov.  25,  1678,  before  Daniel  Denison.f 
Robert  Lord,  marshal,  testified  to  the  same.     Sworn  in  court. 

Copy  of  the  rates  of  old  Mr.  Shuell  who  lived  and  died  at 
Rowley,  taken  from  the  ministrv  book  by  William  Tenny,t 
keeper  of  the  book:  9  mo.  1649, 'l4s.;  10  :  9  :  1650,  lis.  9d.; 
3  mo.  1651,  10s.  6d.;  10:9:1651,  10s.  4d.;  1:3:1652, 
9s.  3d.;  10:9:1652,  10s.;  3  mo.  1653,  8s.;  10:9:1653, 
5s.   5d.;    1:3:  1654,  4s.   7d.;    16  :  9  :  1654,  4s.  4d.;     17  :  3  : 

1655,  5s.    4d.;    8:10:1655,    lis.;    5:3:1656,    6s.;    24:9: 

1656,  4s.  4d.  for  his  house;   26  :  3  :  1657,  4s.  for  his  house. 
Certificate   signed   by   Joseph   Jewett,    Mathew   Boyes  and 

John  Tod  that  there  were  nine  gates  appraised  in  Mr.  Henry 
Sewall's  inventory  filed  Mar.  25,  1656.  Copy  made  by  Robert 
Lord,t  cleric. 

Copy  of  petition  of  Mr.  Henery  Sewall,  son  of  Mr.  Henery 
Sewall,  presented  to  the  town  meeting  at  Rowley,  Jan.  8,  asking 
for  a  confirmation  of  his  gate  rights,  etc.  Copy  made  by 
John  Johnson. t 

t  Autograph.  %  Autograph  and  seal. 


1678]  RECORDS    AND    FILES  123 

John  Bates  and  Martha,  his  wife  v.  Giles  Coree  and  Mary, 
his  wife.     Defamation.    Verdict  for  plaintiff.* 

"Memo  that  Henery  Short  entered  to  the  estate  27  March 

1656 

"M<^  that  Tho.  Lamb  and  Dan  Wibham  was  present  when 
goodman  pickard  desiered  6  weekes  tim  I  would  have  granted 
it  provided  at  ye  end  of  six  weekes  they  would  lay  out  his  Land." 

Receipt,  dated  Apr.  8,  1658,  given  by  Moses  Browne  for 
401i.  from  Thomas  Stanton,  by  order  of  Mathew  Boyes,  m 
payment  of  land  sold  to  Anthony  Crossby  of  Rowly  by  Hen- 
ry Sewall  of  Badsly  in  old  England.  Wit:  Hugh  Drury  and 
James  Stanton.     Copy  made  by  Hilliard  Veren.t 

Receipt,  dated  Apr.  21,  1657,  given  by  Moses  Browne  to 
Mr.  Anthony  Crosbee  for  201i.  by  order  of  Mr.  Henry  Sewall 
of  Badsley.     Copy  made  by  Hilliard  Veren,t  cleric. 

Deed,  without  date,  given  by  Edwarde  Carltonf  of  Rowley 
to  Henery  Sewall,  sr.,  of  Newbery,  dwelling  house,  barn  and 
other  housen  with  three  acres  of  land  in  Rowley;  also  nine 
gates  in  Rowley  which  Mr.  Henery  Sewall  had  liberty  to 
stock  with  four  score  sheep  or  other  cattle  proportionately. 
Six  of  the  nine  gates  were  in  the  walk  and  three  in  the  ox 
pasture. 

"Brother  Short  Since  ¥<=  writting  of  my  Letter  to  you  M' 
Crosby  &  I  are  agreed  upon  Articles  Conscirning  my  House 
&  Land  at  Rowly  wch  my  father  did  purchas  of  M'  Edward 
Carlton  upon  y«  performance  of  wch  I  would  intreat  you  to 
give  him  possession  there  of  &  of  every  part  thireof  also  to  Lett 
him  receiue  y^  rent  dew  since  my  Fathers  decease  &  this  shal- 
be  you''  full  discharge    Hen:  Sewall. t 

"Baddesly    15    Aprill    1657.     Anth.    Crosbe.j 

"In  y^  meane  time  If  It  be  not  Let  you  may  Lett  him  have 
free  egress  &  regress  for  y"^  Reparing  of  it  if  he  can  agree  with 
y«  tenent." 

Deed,  dated  Jan.  1,  1677,  given  by  Henry  SewallJ  of  New- 
bery to  William  Longfellow  of  Newbery,  all  his  mterests  m 
Rowley,  with  all  the  gates  purchased  by  Mr.  Henery  Sewall, 
sr.,  deceased,  in  Rowley,  with  privileges  upon  the  common  of 
Rowley.  Wit:  Stephen  Sewallf  and  Jane  Sewall. t  Acknow- 
ledged, Sept.  30,  1678,  before  Jo.  Woodbridge,t  commissioner. 
Recorded,  Oct.  3,  1678,  in  the  records  of  lands  for  Essex  at 
Ipswich,  book  4,  page   192,  by  Robert  Lord,t  recorder. 

Copy  of  record  of  the  division  of  fences  in  Rowley,  accord- 
ing to  town  order,  1650,  made,  Nov.  25,  1678,  by  Philip  Nell- 
son  T  recorder. 

*Writ,  dated  19  :  9  :  1678,  signed  by  Hilliard  Veren,t  for 
the  court,  and  served  by  John  Williams,!  deputy  for  Henry 

t  Autograph.  t  Autograph  and  seal. 


124  SALEM  QUARTERLY  COURT  [NoV. 

Capt.  James  Oliver  and  Thomas  Dexter,  jr.,  administrators 
of  the  estate  of  Tho.  Dexter,  sr.  v.  the  town  of  Lin,  or  Capt. 
Richard  Walker,  Thomas  Laighton,  Wm.  Bassett,  Andrew 
Mansfield,  Nathaniell  Kertland,  John  Burrell  and  Ralph 
King,  selectmen.  Verdict  for  defendants.  The  inventory- 
to  be  allowed  by  virtue  of  an  order  of  the  General  Court.  Leift. 
Waye,  attorney  to  plantiff,  appealed  to  the  next  Court  of  As- 
sistants, and  was  bound,  with  Mr.  Jonathan  Ting  and  Joseph 
Webb  as  sureties.* 

Skerry, t  marshal  of  Salem,  by  attachment  of  house  and  land  of 
defendant. 

John  Gloyd,  aged  about  twenty-five  years,  and  Mary  his 
wife,  deposed  that  they  were  at  Coree's  house  sometime  in 
June  and  heard  Mary,  wife  of  Coree  say  that  the  wife  of  John 
Bates  had  several  times  milked  Coree's  cows  as  they  came  out  of 
the  woods  past  Bates'  door.  Sworn,  26  :  9  :  1678,  before 
Edm.  Batter, t  commissioner  in  Salem. 

Mary  Parker,  aged  twenty-five  years,  testified  that  about 
two  months  ago  she  heard  Bates'  wife  say  that  she  milked 
some  of  her  mother  Cory's  cows.     Sworn  in  court. 

*Writ,  in  an  action  of  review  of  a  judgment  granted  against 
said  Dexter,  sr.,  at  the  Court  of  Assistants  in  Boston,  Sept. 
1,  1657,  which  was  an  appeal  from  the  Salem  court,  30  :  4  : 
1657,  concerning  a  neck  of  land  near  the  town  of  Linn,  known 
as  Nahant;  dated  Boston,  Nov.  20,  1678;  signed  by  Ephraim 
Turnor,t  for  the  court;  and  served  by  Joseph  Webb,t  marshal 
of  Suffolk,  by  attachment  of  common  land  of  Lin  near  the 
meeting  house,  and  notifying  Mr.  Thomas  Laiton  and  Mr. 
Ralph  King,  selectmen. 

Copy  of  writ:  Thomas  Dexter,  sr.  v.  Thomas  Laughton, 
George  Keaser,  Robert  Coates  and  Joseph  Armitage,  for  the 
town  of  Lynn;  trespass  at  Nahant,  by  keeping  cattle,  cutting 
wood,  giving  out  lots  for  building  houses  and  planting;  dated 
24  :  4  :  1657;  signed  by  Thomas  Stace,  for  the  court;  and 
no  return  made.  Edward  Mitchelson,  marshal  of  Suffolk  made 
Richard  Wayte,  his  deputy.  Copy  made  by  Edwd.  Rawson,t 
secretary. 

Reasons  of  appeal,  dated  Aug.  26,  1657,  of  Farmer  Dexter, 
delivered  to  Daniel  Denison.f  Copy  made  by  Edw.  Rawson,t 
secretary. 

Copy  of  record  of  this  action  at  the  Court  of  Assistants, 
with  judgment  for  defendant.  Copy  made  by  Edw.  Rawson,t 
secretary. 

Copy  of  record  of  Salem  court,  30  :  4  :  1657,  with  verdict 
for  defendant.     Copy  made  by  Edw.  Rawson,t  secretary. 

fAutograph. 


1678]  RECORDS    AND    FILES  125 

Cop5^  of  letter  of  attorney,  dated  Sept.,  1677,  given  by  James 
Oliver  of  Boston,  merchant,  administrator  of  the  estate  of 
Thomas  Dexter,  late  of  Boston,  and  in  behalf  of  Thomas 
Dexter,  mariner,  to  Leift.  Richard  Way  of  Boston.  Wit: 
Thomas  Moore  and  Thomas  Kemble.  Acknowledged,  22  : 
7  :  1677,  before  Thomas  Clarke,*  assistant.  Copy  made  by 
Robert  Lord,*  cleric. 

Certificate  of  administration  upon  the  estate  of  Thomas 
Dexter,  sr.,  late  of  Boston,  dated  Feb.  19,  1676,  given  by 
Hon.  John  Leverett,  Esq.  Govr.  and  Edward  Tyng,  Esq.,  as- 
sistant, to  Capt.  James  Oliver,  his  son-in-law  and  Thomas 
Dexter,   jr.,   his  grandson,   signed    by    Isa.   Addington,*   cler. 

Bill  of  cost  of  the  town  of  Lyn,  41i.  lis.  6d. 

At  a  General  Court  held  at  Boston  Oct.  2,  1678,  it  was 
voted  that  the  entrance  money  be  returned  to  Capt.  James 
Oliver  in  his  action  aganst  the  town  of  Lj-^nn.  Copy  made  by 
Edward  Rawson,*  secretary. 

Copy  of  General  Court  records,  13  :  12  :  1638,  signed  by 
Nathaniel  Turner,  WilHam  Ballard,  Richard  Walker  and 
John  Woodbery,  and  copy  made  by  Edw.  Rawson,*  secretary: 
"It  is  ordered  that  the  bounds  betwixt  Salem  and  Lynn  shall 
at  the  Clyffe  by  the  sea,  where  the  water  Runns  as  the  way  lyeth 
from  lynn  to  Marble  head  &  Runns  upon  a  streight  line  to  the 
long  pond  by  the  old  path  that  Goeth  to  lynn  at  the  south  end 
thereof  next  to  lynne;  &  the  pond  to  be  in  Salem  bounds  and 
from  that  pond  to  runn  upon  a  streight  lyne  to  the  Island  in  M'' 
Humbreys  pond  and  from  that  Island  to  runn  upon  a  streight 
line  to  sixe  great  pine  trees  marked  called  by  those  sixe  men 
that  layd  out  the  bounds  the  sixe  mens  bounds  and  from 
those  trees  to  runn  upon  a  streight  line  unto  another  little  pine 
tree  marked  by  the  side  of  a  litle  hill  beyond  the  trees  and  to 
runn  upon  the  same  line  so  farr  as  our  bounds  shall  reach  into 
the  country." 

Copy  of  General  Court  records.  May  18,  1642,  adjourned 
to  June  14,  1642,  signed  by  Willi.  Hathorne  and  Edward  Tom- 
lins,  made  by  Edward  Rawson,*  secretary:  "Whereas  William 
Hathorne  of  Salem  &  Edward  Tomlins  of  lynn  were  chosen 
by  the  Gennerall  Court  to  lay  out  the  length  of  the  bounds  of 
the  Towne  of  lynne  according  to  the  Courts  order  of  six  miles 
from  the  meeting  house  which  accordingly  hath  beene  performed 
the  day  &  yeare  above  written  which  wee  signify  under  our 
hands  to  extend  from  Charles  Toune  bounds  to  the  south  of 
the  great  pond  at  lynn  village  and  from  thence  to  the  great 
swampe  adjoyning  unto  the  great  pond,  and  so  to  Runne  from 
thence  northward  to  the  North  River  and  so  to  Salem  bounds 
these  being  the  nearest  marks  by  our  measure  wee  finde  to 
state  the  bounds." 

*  Autograph. 


126  SALEM  QUARTERLY  COURT  [NoV. 

At  a  criminal  court  held  at  Boston,  13  :  1  :  — ,  "Lynne 
was  Granted  sixe  miles  into  the  Country  &  m""  Hathorne  Lef- 
tent  Davenport  to  view  &  Informe  how  the  land  beyond  lyeth 
whither  it  may  be  fit  for  another  Plantation  or  no."  Copy  made 
by  Edward   Rawson,*  secretary. 

At  a  General  Court,  12  :  1  :  1636:  "It  is  agreed  that  m'' 
Humphrey's  ground  shall  begin  at  y"  Cliffe  in  y**  way  to  Mar- 
blehead,  which  is  the  bound  betwixt  Salem  and  Lynne,  &  so 
along  the  lines  between  the  s'^  Townes,  to  the  Rocks  one  mile 
by  Estimation  to  a  great  Red  Oake  marked,  from  w"^  the  said 
marked  tree  all  under  &  over  these  Rocks,  upon  a  streight 
line  to  the  running  brooke,  by  Thomas  Smith's  house,  all 
the  which  said  ground  we  allow  him  for  his  owne  &  so  from 
Thomas  Smith's  to  the  sea;  in  case  the  ground  appears  to  be  M' 
Humphrey's  upon  which  Thomas  Smiths  &  William  Witters 
houses  stands  with  the  Ground  which  they  have  broken  up  by 
their  houses,  by  y*"  joint  agreement  of  Wm.  Traske,  Natha, 
Turner,  Rich.  Wright,  Abra.  Palmer."  Copy  made  by  Edw. 
Rawson,*  secretary. 

Nathaniell  Bacor,  aged  about  sixty-six  years,  testified 
that  in  1632  or  1633,  he  met  with  an  Indian  called  Blackwill 
who  had  on  a  stuff  suit  of  clothes  that  were  pinked,  and  he 
said  he  had  them  of  farmer  Thomas  Dexter,  sr.,  who  then  lived 
at  Saugus,  now  called  Linn,  giving  him  Nahaunt  for  them. 
Later  deponent  at  Dexter's  saw  the  latter  pay  Sagamore  George 
some  corn  in  part  pay  for  Nahaunt,  and  he  then  fenced  it  in, 
and  it  was  always  considered  the  property  of  Dexter.  Also 
Salem  men  for  two  or  three  years  hired  pasturage  of  said  Dexter 
for  horses  and  cattle.  Sworn,  Sept.  21,  1677,  before  Edward 
Tyng,*  assistant. 

Gorge  Keser,  sr.,  aged  about  sixty-five  or  sixty-six  years, 
deposed  that  being  an  inhabitant  of  Line  when  Mr.  Humphery 
dwelt  there,  at  a  town  meeting  about  thirty-five  years  ago, 
Mr.  Humphrey  moved  that  if  the  proprietors  of  Nahant 
would  give  up  their  rights  to  Line,  he  would  give  up  his  rights 
and  Dexter  agreed.     Sworn  in  court. 

Capt.  Richard  Walker,  aged  about  sixty-five  years,  testified 
that  being  one  of  the  first  inhabitants  of  Linn,  alias  Saugus, 
"upon  our  first  setling  there,  wee  Couenanted  agreed  and 
bought  of  an  Indian  called  Black  william  (whoe  was  owned  by 
the  Sachem  and  all  y*^  Indians  to  be  the  proprietor  and  owner 
of  that  place  called  nahant)  which  place  wee  purchased  of 
him  and  haue  had  the  possession  and  use  of  the  same  for 
many  years."  Sworn,  22  :  7  :  1677,  before  Wm.  Hathorne,* 
assistant. 

Richard  Church  of  Hingham,  aged  about  forty-eight  years, 
deposed  that  he  heard  George,  the  Indian,  say  to  farmer  Dexter 

*  Autograph. 


1678]  RECORDS    AND    FILES  127 

that  the  latter  bought  Nahaunt  of  his  cousin,  but  all  the  pay 
vv^as  not  given  to  his  cousin,  for  George  being  the  next  heir,  re- 
ceived the  remainder  of  the  pay.  This  happened  about  a  year 
and  a  half  ago.  Sworn,  Apr.  27,  1657,  before  Joshua  Hubbard.* 
Edward  Holyoke  deposed  that  about  1642  or  1643,  Mr. 
Humfery  and  Thomas  Dexter,  sr.,  desired  him  to  join  them  in 
a  suit  about  Nahant  on  account  of  his  proprietorship,  he  having 
purchased  Capt.  Turner's  right  in  Saugus  alias  Lyn,  but  he 
dared  not,  because  divers  inhabitants  declared  that  Nahant 
belonged  in  common  to  the  plantation  of  Lyn,  and  contending 
for  it  "would  have  beene  as  for  Naboth's  vineyard."  Sworn, 
June  27,   1657,  before  Daniel  Denison.* 

Jonathan  Negus,  aged  about  fifty-six  years,  and  John  Wil- 
liams, aged  about  twenty-two  years,  deposed  that  Thomas  Dex- 
ter and  Joseph  Armitage  meeting  at  deponent's  house,  Armitage 
told  Dexter  that  which  ever  side  he  took  in  the  suit,  he  would 
cast  the  case.  Sworn,  12  :  4  :  1657,  before  Richard  Parker, 
commissioner.     Copy  made  by  Edward  Rawson,*  secretary. 

Clement  Couldam,  aged  about  fifty-five  years,  deposed  that 
about  thirty-four  years  since,  he  lived  with  old  Thomas  Dexter 
and  the  latter  coming  from  the  town  meeting  told  Mr.  Sharp 
of  Sallem,  in  his  hearing,  that  he  had  given  up  his  right  in 
Nahant  to  Line  and  the  town  had  given  him  a  considerable 
tract  of  land  on  the  back  side  of  his  farm  which  would  be  of 
more  advantage  to  him.     Sworn  in  court. 

Henery  Vaine  of  Boston,  aged  about  seventy-two  years, 
testified  that  Mr.  Sadler,  Mr.  Otely,  Goodman  Armitage, 
Michaell  Lambert,  Francis  Linsey,  Goodman  Riches,  all  of 
Lynn,  all  had  told  him  that  Dexter  owned  Nahant.  Riches 
was  working  about  a  great  elm  about  two  years  before  when 
he  told  him,  and  Mr.  Keaser  said  the  same  thing  in  Michaell 
Lambert's  house,  before  said  Keaser  and  his  wife,  Christopher 
Linsey  and  deponent,  and  they  also  said  they  were  Dexter's 
tenants.  Sworn,  30  :  4  :  1657,  before  Elias  Stilman,*  clerk. 
Sworn  before  Edw.  Rawson,*  secretary. 

Ens.  William  Dixy,  aged  about  fifty  years,  deposed  that 
about  twenty-eight  years  ago,  Mr.  Isaack  Johnson,  his  master, 
wrote  to  the  Hond.  Governor,  Mr.  Endecott  "for  a  place  to 
sitt  downe  in,"  whereupon  Mr.  Endecott  gave  them  leave  to 
go  wherever  they  would.  They  went  to  Saugust,  now  Linne, 
where  they  met  with  Sagamore  James  and  some  other  Indians, 
who  gave  them  leave  to  dwell  thereabouts,  and  they  and  the 
rest  of  his  Master's  company  cut  grass  for  their  cattle,  keeping 
them  on  Nahant,  and  had  quiet  possession.  Sworn,  1:5: 
1657,  before  Elias  Stileman,  cleric.  Copy  made  by  Hilliard 
Veren,*  cleric. 

George    Far,    aged    about    sixty-three    years,  testified    that 

*  Autograph. 


128  SALEM  QUARTERLY  COURT  [NoV. 

Black  Will  or  Duke  William,  so  called,  was  the  owner  of  Na- 
hant  and  he  helped  to  fence  it  in  for  Thomas  Dexter.  Sworn, 
15  :  2  :  1657,  before  Francis  Johnson,  commissioner.  Copy 
made   by  Edward    Rawson,*   secretary. 

George  (his  mark)  Sagamore  and  the  Sagamore  (his  mark) 
of  Agav/am  testified  that  Duke  William  sold  all  Nahant  to 
Thomas  Dexter  for  a  suit  of  clothes  which  Dexter  took  again 
and  gave  him  two  or  three  coats  for  it.  Copy  made  by  Edwd. 
Rawson,*  secretary. 

Copy  of  depositions  in  this  action,  30  :4  :  1657,  in  Salem  court. 

John  Witt,  aged  about  forty  years,  deposed  that  Christopher 
Linsey  told  him,  etc.  Daniell  Salmon  deposed  the  same. 
Sworn,  1:5:  1657,  before  Elias  Stileman.  Copy  made  by 
Billiard  Veren,*  cler. 

Mark  Graves,  aged  about  thirty-five  years,  deposed  that 
he  was  in  Boston  with  Michaell  Lambert  and  the  latter  asked 
Dexter  if  he  had  a  share  in  Nahant  and  could  help  him  in  his 
trouble,  etc.  Sworn,  1:5:  1657,  before  Elias  Stileman. 
Copy  made  by  Hilliard  Veren,*  cler. 

John  Legg,  aged  about  forty-seven  years,  testified  that  when 
he  was  Mr.  Humphery's  servant,  etc.  Sworn,  Apr.  7,  1657,  be- 
fore Francis  Johnson,*  commissioner.  Copy  made  by  Edwd. 
Rawson,*  secretary. 

Edward  lerson,  aged  about  fifty-seven  years,  testified  that 
about  twenty-five  years  ago,  he  worked  at  fencing  for  his 
master  Dexter  at  Nahant.  After  the  fence  was  put  up,  all 
the  new-comers  were  to  give  2s.  6d.  each  to  those  who  built 
the  fence,  including  some  of  Salem  who  brought  cattle  there. 
Sworn,  27  :  2  :  1657,  before  Tho.  Laughton,  commissioner. 
Copy  made  by  Hilliard  Veren,*  cler. 

Joseph  Armitage,  aged  about  fifty-seven  years,  testified 
that  upon  Mr.  Cobbitt's  persuading  them,  some  gave  up  their 
interest  in  Nahant,  etc.  Sworn,  30  :  4  :  1657,  before  Elias 
Stileman,  cler.     Copy  made  by  Hilliard  Veren,*  cler. 

Daniell  Salmon,  aged  about  forty-five  years,  deposed  that 
he  being  Master  Humphrey's  servant  about  twenty-three 
years  ago,  there  were  wolves  in  Nahant  and  he  commanded 
the  whole  train  band  to  drive  them  out  because  it  belonged 
to  the  whole  town,  and  farmer  Dexter's  men  being  at  training 
went  with  the  rest.  Sworn,  1:5:  1657,  before  Elias  Stileman 
cler.     Copy  made  by  Hilliard  Veren,*  cler. 

Joseph  Redknap,  aged  about  sixty  years,  deposed  that 
about  twenty-two  years  ago,  he  fenced  in  his  part  of  Nahant 
where  he  kept  the  town  cattle  since  it  was  a  town.  This 
fence  was  in  repairing  of  an  old  fence  formerly  set  up  there. 
Sworn,  27  :  2  :  1657,  before  Tho.  Laughton,  commissioner. 
Copy  made  by  Hilliard  Veren,*  cler. 

*  Autograph. 


1678]  RECORDS    AND    FILES  129 

Samuell  Whiting,  sr.,  of  Linne,  deposed  that  Mr.  Hum- 
phries desired  that  Mr.  Eaton  and  his  company  not  only 
buy  Nahant,  but  the  whole  town  of  Linne,  and  that  Mr. 
Cobbet  and  he  and  others  went  to  Mr.  Eaton  to  offer  both 
to  him  and  to  commit  themselves  to  the  providence  of  God, 
etc.  Sworn,  July  1,  1657,  before  Elias  Stileman,  cler.  Copy 
made  by  Hilliard  Veren,*  cler. 

John  Ledg,  aged  about  forty-seven  years,  deposed  that 
about  twenty-five  years  ago,  his  master,  Mr.  Humphries,  etc. 
Sworn,  27  :  2  :  1657,  before  Tho.  Marshall,  commissioner. 
Copy  made  by  Hilliard  Veren,*  cleric. 

William  Harker  deposed  that  the  present  Hond.  Governor 
was  at  Saugust  or  Linn,  where  there  was  an  action  commenced 
against  one  Linsey  for  living  at  Nahant,  and  deponent  said 
he  thought  Lynn  had  nothing  to  do  with  Nahant.  The 
Governor  said  he  knew  to  the  contrary,  for  said  he,  ''I  know 
that  Nahant  is  the  Towne  of  Linne."  Sworn,  1:5:  1657, 
in  court.     Copy  made  by  Hilliard  Veren,*  cleric. 

George  Farr  testified  that  all  those  who  fenced  at  Nahant 
had  proprietorship  there,  and  when  Capt.  Turner  with  the 
rest  made  the  fence,  he  said  to  make  haste  lest  the  country  take 
it  from  them.  Sworn,  27  :  2  :  1657,  before  Tho.  Laughton 
and  James  Axey,  commissioners.  Copy  made  by  Hilliard 
Veren.* 

Wm.  Traske,  aged  about  sixty-nine  years,  deposed  that 
he,  Jno.  Balch  and  others  of  Salem  were  given  leave  twenty- 
five  years  ago,  by  Thomas  Dexter  to  put  their  young  cattle  at 
Nahant  for  the  summer.  Sworn,  22  :  2  :  1657,  before  Edmo. 
Batter,  commissioner.  Copy  made  by  Edwd.  Rawson,*  sec- 
retary. 

William  Edmonds,  aged  about  forty-seven  years,  deposed 
that  about  twenty-one  years  since  he  kept  cattle  at  Nahant 
for  the  town  of  Lynn,  etc.  Sworn,  27  :  2  :  1657,  before  Tho. 
Laughton,  commissioner.  Copy  made  by  Hilliard  Veren,* 
cler. 

Mr.  Daniell  King,  aged  about  fifty-five  years,  deposed  that 
he  refused  to  sue  the  town  of  Lynn.  Sworn,  1:5:  1657, 
before  Elias  Stileman,  cler.  Copy  made  by  Hilliard  Veren,* 
cler. 

Robert  Driver,  aged  about  sixty-five  years,  deposed  that 
about  twenty-five  years  since,  etc.  Sworn,  27  :  2  :  1657, 
before  Tho.  Laughton,  com. 

John  Sibley,  testified  that  about  twenty-eight  years  ago, 
dwelling  with  Sir  Richd.  Saltingston,  his  master's  cattle  as  well 
as  Mr.  Johnson's  were  kept  at  Nahant.  Sworn,  1:5:  1657, 
in  court. 

Joseph  Redknap  and  Edward  Richards  deposed  that  at  a 

*  Autograph. 


130  SALEM  QUARTERLY  COURT  [NoV. 

Mr.  John  Gifford  v.  John  Lee.  Slander.  Withdrawn.* 
Nicholas  Chatwell  v.  Mr.  John  Paine,  Mr.  John  Pinchin 
and  Mr.  Jonathan  Ting.  Verdict  for  plaintiff.  Forfeiture 
of  the  bond.  Defendant  appealed  to  the  next  Court  of  Assis- 
tants. Mr.  Jonathan  Ting  bound,  with  Mr.  Tho.  Woodbridg 
and  Mr.  Nehemiah  Willowby  as  sureties.! 

Mr.  Thomas  Woodbridg  v.  John  Griffin.  Verdict  for 
plaintiff.  I 

Lynn  town  meeting,  Mr.  Richard  Leader  desired  to  have  the 
wood  at  Nahant  and  Mr.  Dexter  urged  them  to  let  him  have 
the  runnings  out  of  the  pine  trees.  Leader  said  he  did  not  care 
who  had  the  runnings  out  if  he  might  have  the  runnings  in, 
but  they  would  not  grant  it.  John  Tarbox  deposed  the 
same.  Sworn,  27  :  2  :  1657,  before  Thomas  Laughton,  commis- 
sioner. 

William  Witter  testified  that  he  bought  Nahant  and  Sagomer 
Hill  and  Swamscoat  of  Black  William  for  two  pestle  stones. 
Sworn,  27  :  2  :  1657,  before  Thomas  Laughton  and  James 
Axey,  commissioners. 

Copies  of  the  foregoing  four  depositions  made  by  Hilliard 
Veren,§  cleric. 

*Bond  of  arbitration,  dated  Nov.  27,  1678,  given  by  Jno. 
Lee  1 1  and  Jno.  Gifford,  ||  to  end  all  differences  in  matters  of 
debt  and  slander,  and  Capt.  Nathanill  Saltingston,  Esq.,  Mr. 
Jams  Barnard  and  Capt.  John  Whipple  were  chosen  arbitra- 
tors to  report  at  the  house  of  Quartermaster  John  Pirkins. 
Wit:     Tho.  Mould§  and  Edmond  (his  mark)  Bridges. 

jBond,  dated  July  2,  1673,  given  by  John  Payne,! |  John 
Pinchon  and  Jonathan  Tyng,||  all  of  Boston,  to  Nicolas  Chat- 
well  of  Salem,  mariner,  for  100  pounds.  Wit:  Jere.  Dumer§ 
and  Will.  Hawkins.§  Sworn,  24  :  4  :  1678,  before  Anthony 
Stoddard,§  commissioner.  Stephen  Haskett's  receipt,  dated 
Mar.  22,  1674-5,  to  John  Pynchon,  jr.,  for  16H.  15s.,  it  being 
his  part  of  the  bond. 

Nicholas  Chatwill's§  order,  dated  July  27,  1674,  to  pay  Mr. 
Stephen  Haskett  of  Salem,  and  Stephen  Haskett's  §  receipt, 
dated  Aug.  1,  1674  to  John  Pynchon,  jr.  for  10  pounds.  Wit: 
Hilliard  Veren,  sr.§  and  William  Henfield.§  Nicholas  Chat- 
wiirs§  receipt,  dated  July  2,  1676,  to  Mr.  Jonathan  Ting,  for 
8H.,  three  years'  interest  of  251i.     Wit:     Henry  Bartholmew.§ 

Nicholas  Chatwill's  bill  of  cost,  Ih.  2s, 

Writ,  dated  18  :  9  :  1678,  signed  by  Hilliard  Veren,§  for 
the  court,  and  served  by  William  Beale,§  deputy  for  Henry 
Skerry, §  marshal  of  Salem. 

I  Writ:     Tho.    Woodbridge    of    Newbery    v.    John   Griffin; 

§  Autograph.  ||  Autograph  and  seal. 


1678]  RECORDS    AND    FILES  131 

Mr.  Tho.  Woodbrid  v.  Wm.  Kneff.  Verdict  for  plaintiff.* 
Mr.  Phillip  Cromwell,  as  he  married  the  relict  and  adminis- 
tratrix of  Robert  Lemon  v.  Bartholomew  Gale.  Special 
verdict.  If  plaintiff,  in  behalf  of  his  wife,  could  sue  for  the 
land  in  controversy  before  it  was  inventoried,  they  found  for 
plaintiff,  the  land  in  controversy;  if  otherwise,  for  defendant. 
Court  gave  judgm^ent  for  defendant.! 

debt;  dated  Nov.  5,  1678;  signed  by  Nath.  Saltonstall,t  for 
the  court;  and  served  by  John  Page,  jr., J  constable  of  Haver- 
hill, by  attachment  of  a  piebald  mare.     Bond  of  John  Griffing.f 

Tho.  Woodbridge's  bill  of  cost,  IH.  lis.  8d. 

John  March,  aged  about  twenty  years,  testified  that  he 
went  in  behalf  of  Woodbridge  to  Haverill  to  collect  some  debts, 
and  upon  demanding  81i.  of  John  Griffin,  the  latter  owned  it 
but  said  that  Woodbridge  owed  him  something  for  "ferrigh." 
Sworn  June  24,  1678,  before  Jo.  Woodbridge, J  commissioner. 

Order,  dated  Sept.  15,  1677,  given  by  John  Griffing,|  to  Mr. 
Tho.  Woodbrig,  to  pay  Goodman  Gilde  four  or  five  pounds  in 
goods  and  he  would  satisfy  him  by  Goodman  Sturlin.  Samuel 
Gild'st  receipt,  dated  Oct,  3,  1677,  to  Tho.  Woodbridg  for 
51i.  Wit:  Edward  ColcordJ  and  Henry  Jaques.J  Owned 
by  John  Grffin  and  that  he  promised  to  pay  in  English  and 
Indian  corn,  23:-  :  1677,  before  Nath.  Saltonstall,t    com. 

John  Griffin,  Dr.,  Apr.  3,  1677,  to  5  l-21i.  tobacco,  3s  8d.; 
salt,  5s.;  201i.  cotten  wool.  Hi.;  callico  &  fruite,  7s.  6d.;  4 
knives,  3s.  6d.;  hooks  &  cotten,  4s.;  paid  Goodman  Guile, 
51i.;  3  yds.  canvis,  9s.;  charges  to  ye  Constable,  6s.;  total, 
71i.  18s.  8d.     Cr.  p  1  hogg  received,  15s. 

*Writ:  Tho.  Woodbridge  of  Newbery  v.  William  Kneff; 
debt;  dated  Nov.  6,  1678;  signed  by  Nath.  Saltonstall,t  for 
the  court;  and  served  by  Jno.  Page,t  constable  of  Haverhill, 
by  attachment  of  house  and  land  of  defendant. 

Thomas  Woodbridge's  bill  of  cost.  Hi.  12s. 

Order,  dated  May  2,  1678,  given  by  William  (his  mark) 
Kneff  to  John  Williams  to  pay  to  Mr.  Thomas  Woodbridge  31i. 
4s.  in  staves  or  "expect  farther  trouble."  Wit:  Samuell 
LadJ:  and  Laurence  Hart.J  Sworn,  Nov.  25,  1678,  before  Jo. 
Woodbridge,!  commissioner. 

William  Kneff,  Dr.,  Mar.  28,  1678,  to  2  yds.  hoUand,  lis.; 
stokins,  9s.;  2  Hatts  p  Jno.  Adkinson,  9s.  8d.;  Thread  & 
Cotten,  8s.  9d.;  17  1-2  pd.  sugar,  10s.  4d.;  cotten  wooll,  15s. 
3d.;    31i.  4s.     Sworn  in  court. 

tWrit,  dated  19  :  9  :  1678,  signed  by  Hilliard  Veren,t  for 
the  court,  and  served  by  Henry  Skerry, t  marshal  of  Salem,  by 
attachment  of  land  on  which  his  house  stands. 

t  Autograph. 


132  SALEM  QUARTERLY  COURT  [NoV. 

Giles  Corey  v.  Robert  Moulton.     Defamation,    Withdrawn.* 

Bartholmew  Gale's  bill  of  cost,  Hi.  4s. 

Edmund  Batter,  aged  about  seventy  years,  deposed  that 
about  seventeen  years  since,  the  town  ordered  that  a  piece  of 
common  land  should  be  sold  in  small  parcels  to  accommodate 
men  who  had  no  land  in  town  to  build  upon.  Robert  Lemon 
bought  a  piece,  not  for  himself  but  one  of  his  relatives,  of  the 
selectmen,  as  did  many  others.     Sworn  in  court. 

At  a  meeting  of  the  Selectmen  the  6:4:  1662,  present,  Maj. 
Hathorne,  Mr.  Browne,  Mr.  Corwin,  Mr.  Price,  Sarj.  JPorter 
and  Hen.  Bartholmew,  "laid  out  by  the  Select  men  according 
to  a  former  order  of  the  Towne  of  the  land  lying  betwene  the 
way  and  the  coue  that  goeth  to  the  Neck  To  Rob*^  Lemon 
a  house  lott  con*  five  pole  alonge  by  the  way  and  five  pole 
next  the  coue  lying  before  Edv/ard  Wollans  house  for  w''*'  he 
is  to  pay  five  pounds."  At  a  meeting  on  24  :  1  :  1662-3,  pres- 
ent, Majr.  Hathorne,  Capt.  Corwin,  Mr.  Price,  Mr.  Batter, 
Geo.  Gardner  and  Hen.  Bartholmew,  "Granted  to  Hen""  West 
a  bill  to  Rob*  Lemon  for  five  pounds  dew  to  him  for  his  wages 
for  ringing  the  bell  &  looking  to  the  meting  house  for  the  year 
past."  At  a  meeting  on  22  :  10  :  1663,  present,  the  same  as 
the  foregoing,  "to  Cap*  Corwin  a  bill  to  Rob*  Lemon  for  hue 
pounds  for  Hen""  West."  Copy  made  from  the  Salem  town  book 
of  records,  19  :  9  :  1678,  by  Jno.  Higginson,t  recorder  to  the 
selectmen. 

Copy  of  the  will  and  inventory  of  the  estate  of  Robert  Lemon 
made  by  Hilliard  Veren,t  cleric. 

Katharin  Roots, f  aged  about  sixty-two  years,  deposed  that 
Bartholmew  Gale  now  dwells  upon  the  land  that  Robert 
Lemon,  deceased,  bought  of  the  town  for  his  daughter 
Martha,  wife  of  said  Gale.  After  Gale's  wife  died,  there  was 
an  agreement  made  whereby  Gale  paid  Lemon  for  the  land. 
Sworn  28  :  9  :  1678,  before  Edmund  Batter,!  commissioner  in 
Salem. 

William  Browne,  aged  about  sixty-nine  years,  deposed  that 
about  seventeen  years  ago  Gale  built  a  dwelling  house  upon 
the  land  and  fenced  in  the  lot,  and  deponent,  Maj.  Hathorne 
and  Mr.  Batter  laid  out  the  lots.     Sworn  in  court. 

Bond,  dated  July  1,  1663,  given  by  Bartholmew  (his  mark) 
Gale  of  Salem,  fisherman,  for  three  pounds  in  cod  fish,  to  Rob- 
ert Lemon  for  the  use  of  Benjamin  Lemon,  so  called,  the  child 
of  Gale's  late  wife.  Wit:  Hillyard  Verenf  and  Samuell 
Archard.f     Sworn  in  court. 

*W>it:  Gils  Cory  v.  Robart  Molton;  defamation,  for  saying 
that  he  stole  several  bushels  of  apples  from  him;  dated  18  :  9  : 
1678;   signed  by  Hilliard  Veren,t  for  the  court;   and  served  by 

t  Autograph. 


1678]  RECORDS    AND    FILES  133 

Michaell  Farly  v.  Mr.  Christopher  Lattamore.  Debt. 
Nonsuited.* 

William  Dounton  acknowledged  judgment  to  Mr.  Phillip 
Cromwell. t 

John  Lee  acknowledged  judgment  to  Phillip  Fowler. J 

Mr.  Riddan  had  his  former  license  renewed  for  the  year  en- 
suing. 

Nehemiah  Grover,  Humphry  Woodbery,  jr.,  Richard  Patch, 
Jonathan  Biles,  John  Richards,  Robert  Bradford  and  John 
Patch  took  the  freeman's  oath. 

Elias  Henly  was  appointed  administrator  of  the  estate  of 
Edward  Vinton  and  brought  in  an  inventory. § 

Henry  Skerry,  1|  marshal  of  Salem.     Bond  of  Robert  Moulton,|| 
with  John  Phelps,  ||  as  surety. 

Roberd  Moltin's  bill  of  cost.  Hi.  10s.  Id. 

*Writ,  dated  Nov.  8,  1678,  signed  by  Robert  Lord,l|  for  the 
court,  and  served  by  William  Woods,  1 1  constable  of  Marbellhead, 
by  attachment  of  house  of  defendant. 

fBond,  dated  Nov.  20,  1677,  given  by  Will.  Dounton^  of 
Salem,  carpenter,  to  Mr.  Phillip  Cromwell  of  Salem,  slaughterer, 
for  151i.,  giving  his  dwelling  house  and  land  as  security.  Wit: 
Samuell  Williams  ||  and  Hilliard  Veren,  sr.|| 

J  Bond,  dated  Mar.  24,  1677-8,  given  by  John  Leei|,  to  Phil- 
lip Fouler,  for  31i.  Is.  6d.  in  silver,  it  being  a  bill  that  Esayas 
Wood  gave  to  Daniell  Hovy  in  his  behalf  about  one  year  since. 
Wit:  Joseph  Lee,||  Richard  Dole||  and  Samuel  Wood.]]  Sworn, 
Nov.  25,  1678,  before  Daniel  Denison.||  Phillip  Fouler's|| 
receipt,  dated  24  :  7  :  1678,  to  John  Lee. 

§  Inventory  of  the  estate  of  Edward  Vinton,  taken  Oct.  17, 
1678,  by  Samll.  Ward||  and  John  Chin,||  and  allowed,  29  :  9  : 
1678,  in  Salem  court:  one  old  shirt  and  an  old  paier  of  whitt 
drawers,  5s.;  1  paier  of  whitt  drawers,  1  paier  of  blue  ditto  and 
1  whiett  wastkoat,  9s.;  1  Cloth  Coat  and  a  sarg  paier  of 
briches.  Hi.  4s. ;  1  paier  blue  drawer,  18d. ;  1  sarg  wastkoat,  5s. ; 
1  sash  at  9d.;  5  neckloths,  6s.;  1  paier  of  old  boots,  5s.;  2  paier 
of  shooes,  5s.;  1  paier  of  old  stokins,  Is.;  1  old  Coat,  westkoat 
and  briches,  6s.;  1  paier  of  wosted,  1  paier  of  yarn  stokins,  2s.; 
1  old  rugg,  pillow  and  an  old  Cap,  cloth  coat,  6s.;  2  parsells  of 
old  liens,  Is.  6d.;  1  bibl  and  3  other  books,  6s.;  hatt,  10s.;  1  old 
hatt  and  Cap,  3s.;  1  old  Chest,  3s.;  mony,  9s.;  1-2  kentel 
refuse  fish,  5s.;  total,  51i.  13s.  Due  from  Elias  Henlie  for  boats 
hier  this  last  Sumer,  41i.  17s;  half  of  a  shallop  bought  of  him 
to  pay  the  next  spring,  lUi. ;  so  much  for  mackerell  in  John 
Meritt's  hand.  Hi.  8s.     Debts  due:  to  John  Farbuish,  41i.  10s.; 

II  Autograph.  ^  Autograph  and  seal. 


134  SALEM  QUARTERLY  COURT  [NoV. 

Mr.  Wm.  Browne,  Mr,  Edmund  Batter  and  Mr.  Bartholmew 
Gedney,  chosen  commissioners  of  Salem,  took  the  oath. 

Allen  Bread  made  an  addition  to  his  brother's,  John  Bread's, 
inventory  and  it  was  allowed,  and  court  being  informed  that 
there  were  three  children  of  deceased  surviving,  he  was  ordered 
to  appear  at  the  next  Ipswich  court  for  a  distribution  of  the 
estate.* 

to  same,  Hi.  6s.;  to  Richard  Knott,  15s.;  to  John  Buckle^'',  2s. 
6d.;  to  Christopher  Latimor,  21i.  5d.;  to  Elias  Hendey,  41i. 
14s. ;  by  Geo.  Michell,  4s. ;  by  Mathew  Salter,  2s. 

*Copy  of  inventory  of  John  Bread's  estate,  allowed  in  Ips- 
wich court,  Sept.  24,  1678,  taken  by  Thomas  Fuller  and  John 
Newhall:  a  load  of  hay  &  other  things.  Hi.  5s.;  one  horse, 
21i.  10s.;  two  oxen,  71i.;  4  cowes,  lOli.  10s.;  young  cattle,  51i. 
5s.;  swine,  31i.  10s.;  sheepe,  31i.  14s.;  the  ferj''  piece  of  land, 
451i. ;  house  and  ten  pole  of  land,  351i. ;  16  acres  of  land  in  Rumly 
marsh,  741i.;  10  acres  in  hows  neck  in  rumly  marsh,  lOli.; 
12  acres  bought  of  John  Haucks,  61i.;  a  part  in  a  boate,  131i. 
10s.;  English  corn,  21i.;  Indian  corn,  21i.;  weareing  clothes, 
61i.  12s;  lining,  Hi,  7s.  ;  bedding,  71i.  10s.;  hatts,  12s.;  armes 
and  bootes.  Hi.  8s.;  two  silver  spoones,  15s.;  pewter,  Hi.  12s.; 
kettle  &  pott  &  skillet.  Hi.  5s.;  lumber,  61i.;  pot  hangers 
&  spit  &  chamber  pot,  5s.;  other  things.  Hi.  15s.;  total, 
24911.  17s.;  more,  in  coverlids  &  blanketts  and  bed,  71i.  13s.; 
lining,  51i.  2s.;  Iron  things,  21i.;  pewter,  Hi.;  other  things,  7s.; 
cloth,  16s.;  a  pillion  cloth,  5s.;  pressing  Iron,  2s.;  chaires,  7s. 
Debts:  to  the  nurse,  21i.  15s.;  the  docter.  Hi.  Is.;  John 
Daves,  17s.;  John  Tarbox,  6s.;  Goodman  Mechham,  2s.  4d.; 
Mr.  Nowell  of  Boston,  9s.;  Thom.  Ivory,  61i.;  Samuell  John- 
son, 21i.  10s.;  Clement  Coldam,  8s.;  Allen  Bread,  lis.;  Allen 
Bread,  9s.;  Timothy  Bread,  9s.;  Samuell  Hart,  3s.;  total,  201i. 
14s.  lOd. 

Added  to  the  inventory,  by  Joseph  Armitagef  and  John 
(his  mark)  Newhall:  15  barel  of  Indian  corn.  Hi.  10s.;  3 
bushel  of  Ri,  10s.;  10  Cord  of  wood,  Hi.  Debts:  to  Ambros 
Gale,  Hi.  5s.;   Nathanel  Kirtlan,  5s.;   William  Craft,  5s. 

Copy  of  agreement,  dated  Sept.  24,  1678,  between  Allen 
Bread,  jr.,  and  Sarah  Bread,  widow,  that  the  widow  should 
give  up  all  her  interest  in  the  estate  of  her  husband,  John  Bread, 
in  consideration  of  401i.  to  be  paid  as  follows:  two  oxen,  two 
cows,  a  sow  and  five  pigs,  twenty  bushels  of  Indian  corn  at 
2s.  per  bushel,  six  sheep,  two  lambs,  twenty  pounds  of  sheep's 
wool,  a  yearling  steer  calf,  and  201i.  in  silver  to  be  paid  in  four 
years,  five  pounds  a  year,  she  to  have  what  she  brought  to  her 
husband  upon  marriage,  also  six  loads  of  hay  at  the  Island  in 

t  Autograph. 


1678]  RECORDS   AND    FILES  135 

John  Procter,  complained  of  for  selling  cider  and  strong 
waters  to  Indians,  was  convicted  of  selling  a  quart  and  fined. 
John  Parker  was  also  jSned  for  selling  cider  to  Indians^* 

Rumly   marsh.     Wit:     John   Fuller,    Nathaniell   Ballard   and 

Joseph  Bread.  .,.■,•,.  ^-        i     + 

*Gils  Cory  and  John  Parkar  testified  that  some  time  last 
spring  they  came  to  John  Procter's  house  and  saw  an  Indian 
lying  there  drunk  with  a  pot  of  cider  beside  him.  The  Indian 
asked  deponents  to  drink  and  they  did  and  it  was  cider.     Sworn 

^°  Abmm  Walcot  and  John  Parkar  deposed  that  Indians  oame 
into  Proctor's  house,  called  for  cider,  and  paid  for  one  quart 
to  Procter's  wife.    She  also  sold  a  gill  of  liquor  and  took  a  pawn 

for  it.     Sworn  in  court.  .^    .  ..    .  r^     j    -f   o    « 

Goodwif e  Cory  and  John  Parkar  testified  that  Goodwife  Proc- 
tor told  them  last  spring  that  she  had  sold  2s.  6d.  worth  of  cider 
to  one  Joseph,  an  Indian,  this  spring  and  asked  said  Cory  to  let 
her  have  the  money  she  owed  the  Indian  for  baskets.  Deponent 
paid  Procter's  wife  half  a  crown  in  money,  and  she  said  she 
might  as  well  let  them  have  drink  as  other  folks.   Sworn  m  court. 

John  Gloid,  aged  about  twenty-five  years,  testified  that  he 
dwelt  in  the  house  of  John  Prockter  since  the  last  of  July, 
1678  and  there  had  been  no  kind  of  strong  liquor  sold  m  that 
house,  and  Elizabeth,  daughter  of  John  Prockter,  had  drawn 
the  cider  and  liquor.     Sworn  in  court.  ■,   ,  u  ^■ 

Elizabeth  Procter,  aged  about  sixteen  years,  deposed  tnat 
she  had  been  the  drawer  of  liquor  for  her  father  for  several 
years  and  for  the  past  year  no  rum  or  brandy  had  been  sold. 
She  kept  the  key  to  the  cellar.     Sworn  m  court. 

Benjamin  Procter,  aged  about  eighteen  years,  son  ot  John 
Procter,  testified.     Sworn  in  court.  „    ,     ^  t  u 

Robert  Lord,  marshal,  affirmed  that  he  had  called  at  John 
Proctor's  house  for  liquor  and  could  get  none,  etc.     Sworn  in 

John  Phelps,  aged  about  thirty-six  years,  deposed  ^  that  he 
having  frequent  occasion  of  coming  to  John  Procter  s  house, 
etc.     Sworn  in  court.  ^-r-    ■,      a 

John  Pudney,  aged  about  forty-two  years,  testified,     feworn 

in  court.  .  ,  ^    4^-c  a 

Benjamin  Prockter,  aged  about  eighteen  years,  testified 
that  John  Prockter's  wife  gave  a  couple  of  pots  of  cider  to  John 
Parker  and  he  sold  it  to  an  Indian.     Sworn  m  court. 

Mary,  wife  of  Zachary  Marsh,  aged  about  thirty  years,  de- 
posed.    Sworn,  28  :  9  :  1678,  before  Edmund  Batter,t  commis- 
sioner in  Salem.  ^    r    j.     4-u    ^ 
Zerubabbel    Endecott,    gentleman,    aged    about   iorty-three 

t  Autograph. 


136  SALEM  QUARTERLY  COURT  [NoV. 

.    Andrew  EUet  was  allowed  clerk  of  the  writs  for  Beverly. 

Mr.  Richard  Knot  had  license  granted  to  sell  strongwater  at 
retail  only  to  his  own  fishermen  [belonging  to  his  boat  or  con- 
cerned in  the  voyage. — Waste  Book.] 

John  Legg,  Mr.  Ed.  Batter,  Capt.  George  Corwin,  Capt. 
Price,  Mr.  Wm.  Browne,  sr.,  Mr.  John  Hathorne,  Mr.  Bar- 
tholomew Gedney,  Mr.  John  Ruck,  Capt.  White,  Ambross 
Gale  and  Mr.  John  Turner  had  licenses  granted  to  retail  strong- 
waters  for  the  ensuing  year. 

EUenor  Hollingworth  had  her  license  renewed,  also  Mr. 
King,  Mr.  Ridan,  Mr.  John  Gedney  and  Capt.  Marshall. 

Leift.  Jeremiah  Neale  with  other  of  the  children  of  Robert 
Buff  urn,  petitioning  for  a  settlement  of  the  estate  of  their  father 
Buffum  who  died  intestate,  court  ordered  that  all  the  houses 
and  lands  be  bound  for  security  for  the  children's  portions. 
The  next  Salem  court  was  to  proportion  the  estate  according 
to  law  unless  in  the  meantime  all  persons  concerned  mutually 
agreed  about  the  division  of  the  estate.* 

years,  deposed  that  he  had  several  times  been  sent  for  when 
Indians  had  been  at  Procter's  the  past  year,  and  they  had  no 
liquor  in  the  house,  or  they  would  have  given  him  a  dram. 
''I  observed  always  good  order  in  the  house.  I  fear  its  out  of 
111  will  mor  than  matter."  Sworn,  28  :  9  :  1678,  before  Edm. 
Batter, t  commissioner  in  Salem. 

George  Lockhartt,  aged  about  twenty-one  years,  and  Ben- 
jamin Procter,  aged  about  eighteen  years,  deposed  that  they 
both  dwelt  in  John  Procter's  house  in  December,  1677,  and  one 
night  John  Parker  came  in  at  an  unseasonable  time  with  a  wood- 
en bottle  full  of  rum  and  drank  from  it  so  much  that  he  was 
drunk.     Sworn  in  court. 

Benjamin  Prockter,  aged  about  eighteen  years,  deposed 
that  Abraham  Walkott  being  at  the  house  of  his  father  John 
Procter  about  a  month  ago,  the  latter's  wife  asked  him  why  he 
said  she  sold  liquor  to  the  Indians.  Walkott  disowned  it  and 
if  he  swore  to  that,  he  would  swear  to  a  devilish  lie.  Eliza- 
beth Prockter,  aged  about  sixteen  years,  testified  to  the  same. 
Sworn  in  court. 

George  Lockhartt,  aged  about  twenty-one  years,  testified 
that  he  was  a  dwelling  servant  of  John  Procter's  in  1677,  and 
drew  the  liquor  out  of  the  barrel  and  put  it  in  a  runlet.  Eliza- 
beth Procter  had  drawn  the  hquor  for  three  years  to  his 
knowledge.     Sworn  in  court. 

*  Petition  of  Robert  (his  mark)  Wilson,  John  Hill,t  William 

t  Autograph. 


1678]  RECORDS    AND    FILES  137 

In  answer  to  a  petition  of  the  selectmen  of  Newberye,  they 
were  given  liberty  to  build  a  sufficient  firm  and  safe  bridge  and 
agree  with  somebody  to  build  it  at  as  low  a  price  as  they  can 
at  the  town's  charge.  Court  allowed  that  everyone  who  came 
over  the  bridge  should  pay  one  penny  for  a  single  person  and 
threepence  for  a  horse  and  man,  the  town  to  have  the  tolls  until 
the  county  takes  the  bridge  into  its  care.  If  the  county  takes 
it,  the  town  was  to  be  allowed  the  value  of  the  bridge. 

Hanna  Adams  accusing  Joseph  Mayo  to  be  the  father  of  her 
child,  he  and  his  sureties,  Mr.  Tho.  Woodbridg,  Hugh  March 
and  Samuell  Ceding,  were  ordered  to  pay  her  from  the  time  of 
the  child's  birth  to  Ipswich  court  next,  for  its  keeping,  that  is 
20s.  to  Abraham  Adams.* 

Beanest  and  Jeremiah  Neale,t  children  and  heirs  of  Robert 
Buffum,  deceased,  that  they  might  have  their  share  of  their 
father's  estate,  Tomazin  Buffum,  relict  of  said  Robert  Buffum, 
the  administratrix,  having  "Disposed  of  the  same  according  to 
her  fancie  or  affection  led  her,  or  else  keepeth  y''  same  still  in 
her  hands." 

Mary  Buffum,  alias  Mary  Neale,  aged  about  thirty  years, 
deposed  that  she  tended  her  father  throughout  his  last  sickness 
and  several  times  she  heard  her  mother  ask  her  father  to  make 
his  will.  He  seemed  to  take  little  notice  but  just  before  his 
death  she  desired  him  to  give  their  son  Caleb  some  larid 
in  the  north  field  of  Salem,  which  he  would  not  do  but  said 
he  would  have  his  son  Joshua  have  a  double  portion.  For  the 
rest  of  the  children  he  would  make  no  difference,  for  they  were 
hers  as  well  as  his.  Sworn,  Nov.  25,  1678,  before  Bartho.  Ced- 
ney,t  commissioner. 

*Joseph  Mayo,  on  May  14,  1678,  was  brought  before  Jo. 
Woodbridge,t  commissioner,  charged  by  Jacob  Adams,  with 
being  the  father  of  the  child  of  Hannah  Adams,  his  sister. 
He  denied  it  and  on  June  19,  1678,  Adams  gave  bond  to  pros- 
ecute at  the  next  Ipswich  court,  and  Mayo  was  committed  to 
prison. 

Mary  Higginson  deposed  that  Joseph  Mayo  came  to  her  bed, 
etc.  Affirmed,  "she  did  not  sweare  this  for  she  sayd  she  never 
took  an  oath  &  knew  not  what  belonged  to  an  oath,"  before 
Jo.  Woodbridge,t  commissioner. 

Isaac  Adams,  aged  about  thirty  years,  testified  that  Joseph 
Mayo  was  going  along  by  his  father's  house  and  Mayo  said 
he  was  going  to  Tho.  Thurleyes  and  he  desired  deponent  to 
carry  sister  Hannah  to  said  Thurleyes. 

t  Autograph. 


138  SALEM  QUARTERLY  COURT  [NoV. 

Jeremiah  Jewett  and  Nehemiah  Jewett  were  appointed  ad- 
ministrators of  the  estate  of  Mr.  Edward  Carleton,  who  was 
formerly  of  Rowly,  and  were  ordered  to  bring  in  an  inventory  to 
the  next  Ipswich  court.* 

William  Hollingv/orth  dying  intestate,  administration  upon 
the  estate  was  granted  to  Elenor,  the  relict,  who  brought  in 
an  inventoryt  of  the  estate  to  which  she  made  oath.  The 
estate  being  debtor  to  several  persons  for  more  than  the  in- 
ventory amounts  to,  court  ordered  that  all  creditors  bring  in 
their  amounts  to  Mr.  Ed.  Batter  and  Mr.  Wm.  Bowditch  of 
Salem,  who  were  to  make  return  to  the  next  November  court 
held  at  Salem. 

Robert  Cam,  aged  about  nineteen  years,  deposed  that  he 
told  Hannah  Adams  the  Sabbath  day  before  Jo.  Mayo  came 
in  that  he  heard  Jo.  Mayo  was  taken  by  the  Turks  and  asked 
what  would  become  of  her,  if  what  people  said  was  true.  She 
laughed  and  said  it  was  not  true,  etc.  Sworn,  May  27,  1678, 
before  Jo.  Woodbridge,t  commissioner. 

Anne  Thurley,  aged  about  forty-four  years,  deposed  that 
she  was  present  when  the  child  was  born,  about  six  weeks  ago, 
and  she  persuaded  Goodwife  Dole,  the  midwife,  to  tell  the 
father,  etc.  Constance  Moores,  aged  about  twenty-seven  years, 
deposed  the  same.  Sworn,  Nov.  22,  1678,  before  Jo.  Wood- 
bridge,!  commissioner. 

*Petition  of  Christopher  BabbadgeJ  and  Hannah  Babbadge,!: 
his  wife:  "that  whereas  M""  Edward  Carlton,  sometime  of 
Rowley  Left  an  estate  in  New  England  when  he  went  out  of 
the  Country:  part  of  which  hee  sending  his  son  John  Carlton 
by  vertue  of  a  Letter  of  Atturney  did  receive  in  his  Behalf: 
wee  Conceiuing  that  there  being  some  of  his  estate  unreceiued 
by  his  sayd  son,  desire  that  this  flonoured  Court  would  appoynt 
some  of  our  Relations  Jeremiah  Jewett  or  Nehemiah  Jewet 
or  both  to  be  Administrators  to  the  estate  of  the  said  Mr  Ed- 
ward Carleton,  that  If  anything  may  be  pserued  it  may  be 
forth  Comeing  to  the  children  of  the  said  Hanna  Relict  of  the 
said  John  Carlton,  deceased  the  only  Heires  to  any  such  es- 
tate (as  we  Conceiue)  or  as  authority  shall  dispose  of  it." 

fAccount  of  what  debts  of  my  husbands  William  Hollings- 
wood  I  Elenor  Hollingwood  have  paid  since  his  departure  out 
of  my  wone  labor  not  diminishing  his  Estate,  but  makeing  use 
of  other  mens  Estate  wch  I  was  trusted  for  and  am  In  debt 
for  most  of  it  still:  To  Mr.  Thomas  Kellon,  191i.  18s.;  Math- 
ew  Nickson,  for  a  hogsd.  of  Tobacco  my  husband  had  of  him 
&  for  his  wages  to  Virginea  being  arrested,  121i. ;  to  Hugh  Wood- 

J  Autograph. 


1678]  RECORDS    AND    FILES  139 

Mathew  Salter  renounced  his  executorship  of  the  estate  of 
Ann  Condy,  and  court  appointed  Mathew  Salter,  Samuell 
Read,  Thomas  Tainer  and  John  Hooper  administrators  of  the 
estate  according  to  inventory  brought  in.* 

berry,  for  his  wages  to  Virginea  with  my  husband,  I  being 
threatened  to  be  arrested  for  it,  31i.  3s.;  to  Mr.  Edmund  Batter, 
debt  of  my  husband's,  201i.  18s.;  to  Mr.  Heman  of  Charles- 
towne,  for  a  debt  of  my  husband's  being  arrested,  91i.  13s.; 
to  John  Becket,  ship  carpentry  work  due  from  my  husband, 
IH.  16s.;   total,  67H.  8s. 

Inventory  of  the  estate  of  Mr.  William  Hollingwood,  taken 
Aug.  29,  1677,  by  Joseph  Grafton  and  Thomas  Gardner,  sr., 
house  and  land  was  mortgaged  to  Mr.  Phillip  Crumwell;  one 
bed,  one  Blankett,  one  Coverled,  one  Bolster  &  Bed  steed  & 
Curtains,  5H.;  one  cubbard  &  2  Tables,  2s.  lOd.;  five  Leather 
Chaires,  Is.  5d.;  Six  old  chaires,  10s.;  one  chest,  18s.;  Seven 
framed  pictures  &  2  Boxes,  9s.;  one  paire  of  Andirons  &  one 
Warming  pan,  5s.,  all  in  the  best  room;  in  the  kitchen,  2  Ket- 
tles &  3  skilletts,  21i.  10s.;  2  potts,  5s.;  2  paire  of  scales,  one 
skimmer,  a  Basting  Ladle  &  forke  and  Leaden  weights,  10s.; 
6  pewter  platters,  4s.;  2  plates,  one  candlestick,  3  qrt.  potts, 
2  cupps,  2  Basons  &  salt,  10s.;  one  Jack  &  2  spitts,  Hi.;  2  paire 
of  Tongs,  one  paire  of  Andirons  &  fire  pan,  8s.;  one  Fryeing 
pan,  2  hakes  &  a  gridd  Iron,  10s.;  one  morter  &  pestell  &  1  doz. 
of  Trenchers,  5s.;  one  paire  of  Bellowes  &  a  smoothing  Iron, 
3s.;  one  Table  &  Forme,  5s.;  in  the  chamber  above,  one  feather 
bed,  one  paire  of  Blanketts,  31i. ;  one  flocke  Bed  &  Bolster,  one 
Blankett  &  one  old  Rugg,  Hi.  5s. ;  2  Bed  steeds,  a  Table  &  one 
chest  &  settle,  Hi.  5s. ;  in  the  other  chamber,  one  feather  Bedd, 
Bolster  &  pillow,  one  Blankett,  Bedsteed  &  Curtaines,  61i. ;  one 
coverled  &  one  cubbard,  21i.  10s.;  one  Table  &  3  green  chaires, 
15s.;  3  Trunks  &  a  chest,  Hi.  10s.;  A  looking  glass  &  Trundle 
Bedsteed,  Hi.;  4  paire  of  sheetes  &  one  sheete,  51i.;  4  paire  of 
old  sheetes.  Hi.  5s. ;  4  paire  of  pillowbeers,  Hi. ;  3  Table  cloathes, 
2  cubbard  cloathes,  eleven  Napkins,  Hi.  15s.;  13  Napkins  & 
10  Towells,  Hi.;  one  paire  of  pistolls  &  holsters,  2  Rapiers  & 
2  Belts,  161i.;  one  saddle.  Hi.  5s.;  3  Carpetts  &  one  Little  one, 
Hi.  4s.;  A  Blacke  suite  &  cloake,  51i.;  one  pair  of  drawers,  one 
Wastcoate  &  Boote  hose  Topps,  18s.;  in  the  Brew  house,  the 
Copper  &  Brewing  Tubb,  201i. ;  a  Fowling  peece  &  sword.  Hi. 
10s.;  things  forgotten  &  after  Entred,  251i.  7s.;  A  port  mantle; 
2  chamber  potts  &  a  dripping  pan,  Hi.;  total,  92U.  9s. 

*  Will  of  Ann  (her  mark)  Condy,  dated  Oct.  9, 1678,  and  proved 
by  John  Hooper  and  Elizabeth  Briers:  "being  in  her  right 
sencis  hath  giuen  to  her  sister  willmet  Red  on  great  Iron  pot 
more  giuen  to  Christian  Hooper  on  puter  platter  and  on 
I  |puter|  [plater  to  her  daughter  Elisebeth  Hooper  more  giuen 


140  SALEM  QUARTERLY  COURT  [NoV. 

Court  referred  the  hearing  of  the  presentments  now  brought 
in  to  the  Worshipful  Major  Wm.  Hathorne  and  the  commis- 
sioners of  Salem  jointly  together. 

to  Elisebeth  Tainner  twenty  shillings  in  mony  more  twenty 
shillings  in  mony  to  her  daughter  Elisebeth  tainner  more  three 
puter  platers  and  all  her  waring  close  more  ten  shillings  to 
Elias  tainner  more  ten  shillings  to  Josias  Tainner  more  ten 
shillings  in  mony  to  ann  tainner  more  ten  shillings  in  mony 
Joanna  tainner  more  ten  shillings  in  money  to  thomas  tainer 
to  be  payd  when  Christopher  hoxabel  pays  his  last  payment 
concering  the  house  hee  bought  more  giuen  to  John  Hooper 
ten  shillings  in  mony  more  to  his  son  John  hooper  a  puter 
cup  to  Elisebeth  tainer  a  brase  cellet  and  a  candel  stick  and 
a  puter  cup  and  a  becer  to  John  hooper  children  a  puter  por- 
inger  a  pice  more  two  poringer  to  Sarah  pick  and  mathew 
Salter  is  to  fulfill  these  things  and  pay  the  depts  and  to  Receue 
what  is  du  I  giue  him  full  power  and  take  all  what  is  left." 
Wit:    Elisebeth  (her  mark)  Briors,  Sarah  (her  mark)  Pick. 

Amount  of  Samuell  Condes  depts:  to  Mr.  Jon.  Swett  at 
Boston,  IH.  12s.  9d.;  Docktar  Wells  at  Salem,  lU.  10s.;  Rich- 
ard Knott  of  Marbld,  15s.;  John  gathell  of  marblehd,  10s.; 
John  Furbush  of  Marblehd,  10s.;  Mr.  Roods  of  Lin,  6s.;  John 
Waldron  of  Marblehd,  4s.;  wt  was  layd  out  in  burling  good. 
Conde,  2H.  3s.  4d.;  total,  7H.  lis.  Id.  To  Peter  Bouler  of 
Ipswich,  15s. 

Inventory  of  the  estate  of  Ann  Condy,  widow,  taken  by 
John  Legg*  and  Thaddeus  Riddan*:  a  dwelling  house  and 
two  thirds  of  a  garden  with  the  priviledge  belonging  thereto, 
251i.;  one  small  outhouse,  121i.;  A  Barne  with  some  hay  & 
2  old  barels  in  it,  51i.;  One  cowe,  3H.,  3  bus.  Indian  &  1-2  bus. 
Rye,  7s.,  31i.  7s.;  a  silkegrass  bed  &  2  small  old  Ruggs,  16s.;  one 
pr.  blanketts,  7s.,  2  pr.  old  sheets,  6s.,  13s.;  one  bolster  &  case 
with  3  silkgrass  pillowes,  12s.;  three  curtains  &  one  valiant 
old,  4s.;  two  old  bedsteads,  7s.,  1  Table  &  forme  7s.  6d.,  14s. 
6d.;  two  iron  potts  &  one  iron  ketle,  Hi.;  one  trammell,  2  pr. 
pothooks,  one  spit  &  2  old  Lamps,  7s.  6d. ;  one  old  boxe  &  one 
old  chest,  5s.;  one  chest  &  a  warming  pan,  12s.;  one  old  coat 
&  1  pr.  breeches,  7s.;  Three  pewter  dishes  &  5  porringers,  10s.; 
dripping  pan,  one  quart  pot,  one  pt.  pot  &  1  cup  all  old,  5s.; 
six  earthen-dishes  &  2  milke  pans,  2s.  6d.;  brass  skillett,  one 
pitcher,  2  earthen  pots,  4s.  6d. ;  small  old  table  and  old  chaire, 
4s.;  A  sowe  in  the  woods,  9s.;  4  gall,  molasses,  4s.  6d.,  1  axe 
&  2  old  pails,  4s.,  8s.  6d.;  1  cord  wood,  7s.,  1  parcell  cabbage 
sold  for  5s.,  12s.;  A  barrell  &  1  old  leather  cushion,  3s.  6d., 
3s.  6d.;    fire  shovell  and  tongs  &  beetle,  2s.  6d.,  1  pr.  bellows 

*Autograph 


1678]  RECORDS    AND    FILES  141 

David,  Mr.  Pilgrim's  "neager"  man,  and  Judeth,  Capt. 
More's  "neager"  were  sentenced  to  be  whipped  for  forni- 
cation, the  man  ten  stripes  and  the  woman  five,  or  pay  a 
fine.     They  paid  the  fine.* 

Edmond  Bridges,  presented  for  suspicion  of  swearing  falsely 
was  admonished. t 

&  fleshfork,  2s.  6d.,  5s.;  two  old  pewter  dishes;  2s.,  1  old  spin- 
ning wheel,  2s.  6d.,  4s.  6d.;  one  wescoat  sold  to  Sarah  Trevy, 
8s.;     total,  541i.  14s.  6d. 

*  James  Powland,  aged  forty-six  years,  deposed  that  several 
times  he  had  seen  David  Geffard  in  Capt.  Richard  Moares 
yard  when  he  had  occasion  to  go  there.  Capt.  More  testi- 
fied that  he  had  forewarned  David  several  tim.es  about  coming 
to  his  house. 

tWarrant,  dated  29  :  9  :  1678,  signed  by  Hilliard  Veren,| 
cleric,  and  served  by  Jno.  Norman, f  constable  of  Salem,  v/ho 
made  Isack  Cooke  his  deputy  to  summons  Samuell  Ebberns. 

At  a  commissioners'  court  at  Salem,  12  :  9  :  1678,  Edmond 
Bridges  made  oath  that  his  absence  at  the  last  commissioners' 
court  was  not  out  of  willful  contempt  but  through  infirmity 
of  body,  and  his  fine  was  remitted. 

Samll.  Eborne,  sr.,  aged  about  sixty-eight  years,  deposed 
that  going  to  Marblehead  to  Capt.  Smith's  farm  where  Michaell 
Bowden  lives,  Edmond  Bridges,  sr.,  and  Franc  Nurce  came 
riding  on  their  horses,  etc.  Sworn,  27  :  9  :  1678,  before  Edm. 
Batter,!  commissioner. 

James  Smith,  aged  fifty-six  years,  deposed  that  Bridgis 
said  he  was  loth  to  leave  the  company  of  Francis  Nurs,  and 
he  had  been  to  the  commissioners'  court,  etc.  Deponent 
met  with  Joseph  Gatchel  at  Forest  river  bridge  and  bade  him 
tell  any  one  who  inquired  for  him  that  he  had  gone  to  Bayly's 
to  drink  sack,  etc.  Sworn,  27  :  9  :  1678,  before  Edm.  Batter,| 
commissioner. 

Isack  Cooke,  aged  about  thirty-eight  years,  deposed  that 
standing  in  the  entry  at  Mr.  Gedney's  by  the  stairs,  he  saw  his 
brother  Henry  Cooke  coming  with  some  goods  tendered  by 
him  to  satisfy  a  judgment  granted  Thos.  Cooper,  and  as  he  was 
going  in  to  said  Cooper  in  the  parlor.  Bridges  in  a  violent  man- 
ner shut  the  door  upon  him,  etc. 

Charles  Knight, |  aged  about  thirty-five  years,  testified 
that  the  Tuesday  after  their  last  training  and  trooping  in 
Salem,  etc. 

Joseph  Gatchell,  aged  about  twenty-six  years,  deposed  that 
he  met  Bridges  on  horseback  with  Mickall  Bouden  on  the  same 
horse,  just  by  the  brook  beyond  the  south  field  next  to  John 

t  Autograph. 


142  SALEM  QUARTERLY  COURT  [NoV. 

Joseph  Kemboll  chose  Walter  Feirefeild  as  his  guardian. 

Mr.  Timothy  Woodbridg  of  Newberye,  a  master  of  arts, 
was  licensed  to  practice  physic  and  chiriugery  by  this  court. 

James  Browne  was  allowed  4s.  for  searching  out  Bethiah 
Gatchell. 

The  will  and  inventor}-*  of  Joseph  Parker  of  Andever  were 
proved  and  allowed. 

Homes'   house,   etc.     Mathew  Barton   testified   to  the  same. 
Sworn,   27  :  9  :  1678,  before   Edmond   Batter,!   commissioner. 

Tho.  Couper  and  Will.  Adams  testified  that  Edmond  Bridges 
was  their  attorney  and  they  had  a  private  room  at  Gedney's 
to  transact  some  business.  Henry  Cooke  forced  his  way  in 
and  Bridges  put  him  out. 

Isacke  Cooke,  aged  about  thirty-eight  years,  testified  that 
Henry  Cooke's  wrist  was  bruised  so  that  the  skin  was  bro- 
ken, etc. 

John  Cooke,  aged  about  thirty  years,  testified.  Nicholas 
Devrill  deposed. 

*Will  of  Joseph  (his  mark)  ParkerJ  of  Andover  tanner,  of 
''great  age,"  dated  Nov.  4,  1678,  and  allowed,  26  :  9  :  1678,  in 
Salem  court:  "Imp:  I  giue  unto  my  dear  and  louing  wife  Mary 
Parker  my  dwelling  house  and  house  lott,  with  all  my  house- 
holdstuf ,  and  what  parcel  of  meadow  lying  upon  the  mill  River, 
and  two  of  my  best  Cowes  allsoe  that  land  I  haue  in  Shawshin 
feild,  expecting  she  should  out  of  the  same  prouide  for  my  son 
Thomas,  m^^  second  son,  whoe  by  gods  prouidence  is  disinabled 
for  prouiding  for  himself,  or  managing  an  estate  if  Committed 
to  him  by  reason  of  his  distemper  of  mind  att  certaine  seasons. 
I  doe  allsoe  will  and  require  my  s*^  son  Thomas  to  be  obedient 
to  his  mother  and  any  of  her  sons  she  shall  imploy  about  her 
business,  in  y^  managing  her  husbandrie  affaires  and  this 
abouesd  giuen  to  my  wife  is  during  her  naturall  life,  and  after- 
wards to  returne  the  one  half  to  my  son  Stephen,  my  meaning 
is  the  one  half  of  the  upland  (viz.)  y^  northerly  part  of  the  s"^ 
lott,  leaning  my  household  stuf  to  be  disposed  of  by  my  wife 
att  her  diseas  among  her  children  as  god  shall  direct  her  the 
easterly  part  of  y^  s'^  lott  and  that  land  in  Shawshin  feild,  to 
goe  to  my  son  Thomas,  and  to  be  improued  for  his  livelihood 
either  by  himself,  or  those  he  shall  make  choise  of  for  his 
guardians  but  not  to  be  alienated  by  him,  but  after  his  decease, 
prouided  he  dies  without  issue,  then  to  returne  to  my  son 
Samuell,  my  dwelling  house  hortyard  barne  and  ground  about 
y^  mill,  I  giue  to  my  son  Josep  after  his  mothers  deceass,  and 
allsoe  y^  abousd  meadow  upon  y*'  mill  riuer. 

"It.  I  giue  unto  my  son  Joseph,  my  grist  mill  with  all  y^ 

fAutograph.  t  Seal. 


1678]  RECORDS    AND    FILES  143 

priuiledges  belonging  to  it,  alsoe  fourty  acres  of  upland  lying 
on  y^  southeasterly  end  of  y^  great  pond,  with  ten  acres  of 
swamp  land  adjoyning  to  it,  alsoe  all  my  interest  in  a  meadow, 
Called  shoe  meadow,  and  another  parcell  of  meadow,  called 
y^  bounds  meadow,  allsoe  threescore  acres  of  upland  which 
1  have  yett  to  take  up.  It.  I  giue  to  my  son  Stephen  my  last 
diuision  of  upland  and  meadowe  y''  upland  containing  eight 
score  acres,  threescore  acres  of  y  sd  diuision  of  upland,  is  that 
aboue  mentioned,  giuen  to  my  son  Joseph  this  s"*  diuision  of 
meadow  being  ten  acres,  allsoe  two  acres  of  upland  lying  by 
Haverill  high  way  being  part  of  my  swamp  Diuision.  It.  I 
giue  to  my  son  Samuell  all  my  interest  in  a  meadow  Commonly 
Called  millers  meadow  and  allsoe  ten  pounds  to  be  payd  by 
my  son  Joseph  five  pounds,  and  by  my  son  Stephen  five  pounds 
within  a  twelvemonth  aftsr  my  decease,  only  I  doe  reserue 
two  acres  of  y^  abouesd  millers  meadow  for  my  son  Joseph  to 
be  taken  on  which  side  he  likes  best.  It.  I  giue  to  my  three 
daughters  Sarah  Mary  and  Ruth  ten  pounds  a  piece  to  be  payd 
by  my  Executor  within  four  years  after  my  decease.  It.  I 
giue  to  my  dear  wife  all  my  estate  in  old  England,  that  at  Rum- 
sey,  and  allsoe  any  legacies  that  is  left  me  by  any  frind  there, 
to  be  disposed  of  after  her  decease  among  her  children,  as  god 
shall  direct  her.  It.  I  doe  appoint  my  son  Joseph  to  be  my 
sole  Executor:  and  to  pay  y''  legacies  above  exprest,  and  any 
of  my  estate  which  I  may  happily  haue  forgott  either  debts 
or  otherwise,  I  giue  to  my  s<^  Executor.  It.  I  doe  alsoe  ap- 
point for  my  ouerseers  my  louing  Brother  Nathan  Parker,  and 
my  louing  freind  Left.  John  Osgood  alsoe  my  louing  friends 
Henery  Ingalls  and  Ensigne  Thomas  Chandler."  Wit:  Dud- 
ley Bradstreet*  and  Thomas  Chandler.* 

Inventory  of  the  estate  of  Joseph  Parker  of  Andover,  taken, 
Nov.  18,  1678,  by  John  Osgood,*  Henry  Ingalls*  and  Nathan 
Parker,*  and  allowed  26  :  9  :  1678,  in  Salem  court:  beds  and 
appurtenances,  121i.;  househould  vessells,  a  kettle,  poots, 
peuter  and  woode,  31i.;  books.  Hi  10s.;  spininge  wheeles,  tow 
com  &  chairs,  15s.;  provision  in  the  house.  Hi.  18s.;  corne  in 
the  house  &  barne,  201i. ;  fouer  catell,  1  cow,  2  three  year  oldes, 
one  yearling,  121i.;  swine,  61i.;  corne  mell,  201i.;  dwelling 
house  &  barne,  orchard  &  home  lott,  681i.;  12  aker  of  unim- 
proued  land  about  6  acre,  121i.;  6  aker  of  land  in  shasheen 
Feelde,  121i. ;  50  akers  of  land  by  the  ponde,  60h. ;  140  aker  of 
land  by  the  seder  swampe,  701i.;  60  akers  to  bee  taken  up  off 
the  towne,  BOli.;  6  aker  of  medow  on  the  mell  Reuer,  241i.; 
8  akers  of  medow  in  the  mJUer  medow,  321i. ;  9  akers  of  medow 
att  the  Ceder  swampe,  271i.;  6  akers  att  Shew  medow,  241i.; 
cartes,  plows,  plow  Irons,  chains,  yokes  &  other  takling,  41i.; 
carpenders  tooles,  axes,  wedges,  betell  Rings,  sith,  how,  sixells, 

*  Autograph. 


144  SALEM  QUARTERLY  COURT  [NoV. 

The  will*  and  inventory  of  John  Brimblecom  were  proved 
and  allowed. 

Edward  Bodie  dying  intestate,  Erasmus  James  was  ap- 
pointed administrator,  and   brought  in  an  inventory.!     The 

31i. ;  armes,  guns,  swords,  21i.  10s.;  a  cow  hide,  12s.  6d.;  an 
estat  in  lands  in  Inglande,  lOOli.;    total,  54611.  5s.  6d. 

*Will  of  John  (his  mark)  Brimbellcom,  dated  May  11,  1678, 
proved  29  :  9  :  1678,  in  Salem  court:  "my  will  is  that  what 
Estate  is  Lefte  After  my  Deptes  is  paide  that  Tabitha  my  wife 
shall  fully  and  wholly  Inioj^e  it  for  the  Terme  of  Her  Naturall 
Life  Thirdly  my  will  is  That  after  The  death  of  my  sd :  wife 
That  my  soon  Phillipe  Brimbelcom  and  his  Children  after  Him 
shall  Inioye  the  full  and  whole  Estat  that  shee  shall  Leaue  to 
saye  my  wife  what  is  Leafte  of  what  I  Leave  her  fourthly  my 
will  is  That  my  Execetors  out  of  what  Estat  I  Leaue  shall  paye 
to  my  too  Daughters  Richard  Holman  and  mary  Tucker  as  a 
Legaci  Twenty  shilings  a  peece.  fiftly  my  will  is  that  my  wife 
Tabitha  and  my  soonn  Philipe  bee  jointe  Excecetrex  and  Ex- 
ceceter  of  my  whole  Estate  In  Being  By  them  To  bee  managed 
and  Emproued  as  aboue  further  my  will  is  That  my  Trusty 
frinds  John  Codner  and  John  Leg  Bee  my  ouerseeres  of  my 
Excetors  for  the  Emprouement  of  The  Estate  according  to 
this  my  will  and  Testament  my  will  ffurther  is  that  if  my  s'*: 
sunn  Die  without  Lsshue  that  what  is  Lefte  of  my  Estate  after 
the  death  of  my  s'^:  wife  and  sonne  and  his  child  or  what 
Childrin  he  maye  haue  that  it  shall  bee  Equally  diuided  Be- 
twext  my  too  Daughters  Richard  and  mary."  Wit:  John  (his 
mark)  Codner  and  John  Legg.| 

Inventory  of  the  estate  of  John  Bremblecom  taken  Nov.  12, 
1678  by  Christopher  NeckeJ  and  Thaddeus  RiddanJ:  one 
halfe  of  a  shallop  &  Connue  &  what  else  belongs  to  ye  half  & 
boat,  151i.;  one  dwelinghouse,  out  house  and  land  with  ye  priv- 
iledge  belonging  to  it,  401i. ;  one  halfe  of  a  servants  time,  51i. ; 
one  bed  filled  with  silke  grasse  with  Rugg,  Blankets,  bedsteed 
&  2  pr.  ould  sheetes,  41i.;  3  Chests  ould  ones  &  ould  barrells, 
8s.;  one  muskett,  one  houldbert,  one  Cutles,  one  swoard  & 
Belt,  21i.;  4  potts  &  a  small  Kittle,  Hi.  10s.;  two  pair  pott 
hangers,  two  pair  pott  hooks,  one  fire  shoovell  &  tonges,  grid- 
iron, &c.,  10s. ;  pewter  dishes,  cupes  &  warming  pann,  15s. ;  Table 
&  forme  &  a  spitt,  10s. ;  one  frying  pan  &  two  ould  Axes,  5s. ; 
three  ould  Chaires,  two  pailes,  washing  tubs,  wooden  Trays  &  a 
dresser,  6s.;  wearing  apparrell  in  all,  31i;  one  spining  wheele, 
2s.;  several  lean  swine,  halfe  a  Cow  &  Calfe,  3s.;  total,  761i.  6s. 

t  Inventory  of  the  estate  of  Edward  Bodie  lately  deceased, 
taken  Nov.  28,  1678  by  John  (his  mark)  Roads,  sr.,  John 
Roades,!   and   Erasomus  JamesJ:     1   carsy  cotte   &   Brishes, 

I  Autograph. 


1678]  RECORDS   AND    FILES  145 

creditors  were  to  be  apportioned  by  Hilliard  Veren,  clerk, 
as  far  as  the  estate  will  go. 

Charles  Gott  was  appointed  administrator  of  the  estate  of 
Allexander   Bravender,   and   made   oath   to   an  inventory.* 

Samuell  and  John  Robinson,  executors,  brought  in  the  willf 
of  William  Robinson,  deceased,  which  was  proved  and  inven- 
tory allowed  before  the  Worshipful  Maj.  Gen.  Denison,  assis- 
tant, and  Mr.  John  Woodbridg,  associate. 

15s.;  1  capt  cotte  &  Brishes,  12s.;  1  hatte,  2s  6d.;  2  ould  pare 
of  drayers  and  one  wascotte,  5s.;  4  kintalls  of  refus  code,  21i.; 
1  barill  of  mackrell,  16s.;  total,  41i.  10s.  6d.  The  dettes  of  the 
deceased :  to  William  gover  for  his  buriall  &  chargdes  opon 
him  in  his  sicknes,  3H.  9s.  8d.;  William  gover  for  seaverall 
months  dyett  he  hade,  51i.;  William  govers  wife  for  washin 
of  him  fiften  monts,  15s.;  William  gover  for  4  codlines  and 
two  code  leads.  Hi.;  for  mony  the  said  gover  lent  him,  3s.; 
Richard  Knott,  dockter,  13s.;   total,  llli.  8d. 

*Inventory  of  the  estate  of  Alexander  Bravender  of  Wen- 
ham,  deceased  Oct.  22,  1678,  taken  Nov.  19,  1678  by  Thos. 
FiskeJ  and  John  BatchelerJ:  Beding,  Hi.  3s.  6d.;  two  old 
skilits  &  working  tools,  8s.;  wearing  cloathes,  31i.  9s.;  three 
old  barels,  2s.  6d.,  total,  51i.  3s.  The  estate  debtor  to  Charles 
Gott:  to  ten  weeks  howse  room  &  nursing  in  his  sicknes 
before  he  dyed,  31i.  10s.;  his  funerall,  Hi.  10s.;  total,  51i.  Out 
of  his  estate  above  mentioned  he  gave  to  our  pastor,  5s.;  to 
some  others  of  his  freinds  severall  things  viz.  one  dubblet  to 
John  Fiske  to  Robert  Mackclafflin  an  old  stuff  Cloake;  to 
Alexander  Tomson  a  paire  of  stockings;  to  Jno.  Ross  a  shirt;  to 
Alexander  Maxey  a  Jacket  &  a  paire  of  Britches,  being  all 
prized  at  19s. 

fWill  of  William  (his  mark)  Robbinson  of  Salem,  dated  Feb. 
9,  1676-7,  and  proved  29:9:1678,  in  Salem  court:  "Im- 
primis I  giue  and  Bequeath  unto  my  Son  Joseph  Robbinson 
who  is  now  in  the  Barbados  and  whom  as  I  heare,  the  Lord 
hath  blessed  with  a  liberall  Competency  for  his  outward  Sub- 
sistance,  &  hath  no  child  &  his  Brothers  here  haue  each  of  them 
a  greate  charge,  and  want  more  help  then  he  doth,  upon  wch 
Consideration,  although  he  be  my  Eldest  Son,  yet  I  giue  & 
bequeath  unto  him  but  Twelue  pounds  in  Currant  pay  of  ye 
Country;  &  that  not  to  be  paid  him  unless  he  comes  in  his 
owne  person  to  demand  it  of  y^  Executors  to  my  Estate  Item 
I  giue  &  bequeath  unto  my  daughter  Sarah  Newberry  ffiue 
pounds  in  Courrant  pay  of  the  Country  to  be  paid  to  her  owne 
Self  and  to  noe  other,  and  for  her  owne  peculiar  use  and  ben- 
efitt   &   disposeall 

t  Autograph. 


146  SALEM  QUARTERLY  COURT  [NoV. 

Samuell  Shattock,  sr.,  and  Samuell  Shattock,  jr.,  having  been 
appointed  Mar.  26,  1678  at  Ipswich  court  administrators  of 
the  estate  of  Edward  Wharton  of  Salem,  glazier,  and  now 
presenting  an  administration  granted  to  one  George  Wharton 
living  in  the  Tower  of  London,  brother  to  said  Edward,  under 
seal  of  the  Prerogative  Court  of  Canterbarie,  which  they 
lately  received  from  England,  and  a  letter  of  attorney  having 
been  received  from  said  George,  court  ordered  the  estate  here 
to  be  sent  to  England,  they  paying  all  the  debts  here  in  New 
England,  and  the  administrators  released. 

Edmond  Bridges,  complained  against  Bethiah,  wife  of  Sam- 
uell Gatchell,  in  behalf  of  the  King  and  country,  informing  the 
court  that  Bethiah  had  had  two  children  in  the  absence  of  her 
husband,  which  she  confessed  were  born  by  her  husband's 
brother,  Joseph  Gatchell.     She  was  sent  to  Boston  goal  to  be 

"Item  I  giue  to  my  Grand  Child  Tymothy  Robbinson  y^ 
sum  of  fforty  Shillings  in  Currant  pay  of  y®  Country  to  be  paid 
him  at  y*"  one  &  Twentieth  year:  of  his  Age  if  it  please  god 
that  he  Hues  so  long  And  ffor  Executo""^  to  my  Estat  w*^^  I 
may  Leaue  at  my  decease,  I  doe  now  nominate  &  appoint, 
my  Two  Sonns  Samuel  &  John  Robbinson;  Willing  them  to  see 
this,  my  Last  will  performed,  &  also  to  defray  the  charge  of  my 
ffunerall  and  pay  all  just  debts  wch  I  may  owe;  and  then 
for  all  the  Remainder  of  my  Estate  Left,  both  ffor  howseing, 
Lands  in  y^  Towneship  of  Salem,  goods,  chatties  moveables  & 
unmoveables,  and  all  dues  unto  me  belonging  upon  my  just 
accompt  whatsoever  I  giue  and  bequeath  unto  them  my  Said 
Two  Sonns  in  equall  shares  to  be  devided  between  them  & 
ffor  there  onely  &  propper  use  forever,  and  for  theire  disposeall 
as  they  may  see  good  for  y^  benefitt  of  themselues  &  theire  chil- 
dren after  them.  In  witness  whereof  I  hereunto  Sett  mj^  hand 
&  Scale  y^  day  &  yeare  abouesaid."  Wit:  Stephen  Daniell* 
and  Richard  Croad.* 

Inventory  of  the  estate  of  William  Robbinson  of  Salem, 
lately  deceased,  "as  it  was  shown  to  us  by  his  sonns  Samuell 
and  John  Robbinson,"  and  taken  Nov.  22,  1678  by  Samuel 
Gardner,  sr.,*  and  John  Massej^:*  an  old  Dwelling  house  and 
Barne  with  about  Six  Acars  of  Land  and  orchating  uppon  which 
the  house  stands,  40H.;  another  small  Dwelling  house  with  a 
barne  and  one  quatar  of  an  Acar  of  Land  uppon  which  it  stand 
and  about  Thre  Acars  of  Land  Nere  adjoyning  to  it,  301i.; 
one  Ten  Acar  Lott  in  the  North  ffeld,  351i.;  about  a  quatar 
of  an  Acar  of  Moing  ground,  51i. 

*  Autograph. 


1678]  RECORDS    AND    FILES  147 

tried  at  the  next  Court  of  Assistants.  Joseph  Gatchell  was 
committed  to  Salem  prison,  but  the  next  night  he  broke  prison 
and  escaped.* 

At  a  court  held  by  the  Worshipful  Major  Wm.  Hathorne 
and  the  Commissioners  of  Salem,  10  :  10  :  1678: 

♦Nicholas  Chatwell  being  at  Barbadus  the  latter  end  of 
January  last  and  in  the  house  where  the  wife  of  Samuell  Gatch- 
ell was  with  a  child,  deponent  said  that  it  was  a  pretty  child, 
to  which  she  replied  that  it  was  her  brother  Joseph  Gatchell's. 
Sworn  in  court. 

Thomas  Greenslade  deposed  that  coming  over  m  the  vessel 
from  Barbadus,  he  heard  Bethia,  etc.     Sworn  in  court. 

Examination  of  Samll.  Gatchell's  wife:  that  she  went  to 
Barbadus  to  seek  her  husband  with  her  brother-in-law  Joseph 
Gatchell,  through  Newbery,  as  they  went  to  take  ship,  etc. 

Samuell  Gatchell  said  that  he  had  not  been  in  this  country 

Papers  in  the  actions,  tried  before  the  Salem  commissioners,  10  :  10  :  1678, 
aU  testimony  sworn,  12  : 6  :  1678,  before  Edm.  Batterif 

Charles  Phillips,  aged  about  forty-nine  years,  deposed  that  he  saw  Geyles 
Corie's  wife,  sometime  m  the  last  June,  drunk  upon  the  highway,  and  that  she 
timibled  off  her  horse  several  times,  and  was  not  able  to  go  or  stand. 

Benjamin  Procter  and  Elizabeth  Procter  deposed  that  the  next  day  bemg 
the  Sabbath  Goody  Cory  said  that  she  had  her  drink  at  Edw.  Bridges. 

Mary  Gloyd,  aged  about  twenty-one  years,  deposed  that  bemg  m  the  milk- 
ing yard  of  Geyles  Corie  milking  her  own  cow,  she  heard  a  noise  Uke  the  tramp- 
ing of  several  horses  coming  toward  her.  She  looked  but  could  see  nothing, 
and  being  startled  went  to  the  house  the  nearest  way.  Going  over  a  pair  of 
draw  bars,  she  thought  she  heard  the  horses  go  tearing  over  before  her.  She 
told  her  story  to  John  Parker,  who  said  she  was  a  simple  woman  to  be  affrighted 
for  there  was  always  a  troop  of  horse  about  the  milking  yard,  winter  and  sum- 
mer. 

BiU  of  cost,  21i.  Is.  lid.  ^  ,    ,       ,      ,    j  x,       •■ 

John  Moulton,  aged  about  twenty-five  years,  deposed  that  he  had  heard 
Goody  Corey  swear  several  times  by  faith  and  troth. 

John  Gloyd,  aged  about  twenty-five  years,  Benjamin  Procter,  aged  about 
seventeen  years,  and  Ehzabeth  Procter,  aged  near  sixteen  years,  deposed  that 
the  night  of  the  arbitration  at  Capt.  Moore's  about  Geyles  Corey's  and  Jno. 
Gloyd's  business,  John  Parker  was  so  drunk  he  could  hardly  go  or  stand.  Also 
that  John  Parker's  father-in-law  Geyles  Corey  said  m  John  Procter's  house 
that  Parker  fell  off  his  horse  and  had  to  be  helped  along. 

Benjamin  Procter  testified  that  Parker  was  so  drunk  in  Salem  that  he  could 
not  go  by  his  oxen,  etc.  ,  .,.     .  .,  •  i  n  n      i. 

John  Procter,!  aged  about  forty  years,  and  Benjamen  (his  mark)  Procter, 
aged  about  eighteen  years,  deposed  that  making  hay  m  then-  meadow  near 
Corey's  house,  they  went  into  Corey's  house  at  noon  to  smoke  a  pipe  of  tobac- 
co     They  heard  Maiy  Cory  call  the  wife  of  John  Pudney  vile  names,  etc. 

John  Moulton,  aged  about  twenty-five  years,  deposed  concerning  John 

Martha  Bates,  aged  about  twenty-nine  years,  and  Mary  Moulton,  aged 
about  twenty-six  years  deposed.  it,-  /u-  i  \ 

George  Lockhartt,t  aged  about  twenty-one  years,  and  Benjamen  (his  mark) 
Procter,  aged  about  eighteen  years,  deposed  that  when  there  was  a  contest 

t  Autograph. 


148  SALEM  QUARTERLY  COURT  [NoV. 

between  Giles  Corrie  and  Robert  Pease,  jr.,  about  a  pair  of  fetters,  John  Parker 
said  he  went  to  Weanum  and  lost  the  fetters  from  his  mare's  neck.  Later 
the  fetters  were  found  and  Parker  confessed  that  he  sold  them  to  Goodman 
Wooder  of  Wenum. 

Michell  Combs,  aged  forty-six  years,  deposed  that  he  never  heard  Cory's  wife 
swear  and  he  had  had  deahngs  with  her  for  about  four  years. 

George  Booth,  aged  thirty-seven  years,  and  Ales,  his  wife,  aged  about  thir- 
ty-seven years,  deposed  that  they  had  lived  near  neighbors  to  Mary  Core 
for  four  years,  and  she  had  been  as  civil  and  orderly  as  any  of  the  neighbors, 
had  been  very  helpful  in  time  of  need  and  it  was  out  of  mere  prejudice  that 
she  was  now  molested. 

John  Herod,  aged  forty  years,  and  Em,  his  wife,  aged  about  fifty  years, 
deposed  that  hving  neighbors  to  Mary  Corey,  for  about  fifteen  years,  and  never 
heard  her  swear  or  rail,  etc. 

Anthony  Needham,  aged  about  forty-six  years,  and  An  Needham,  aged 
about  forty-four  years,  deposed  that  they  had  hved  neighbors  to  Mary  Cory 
for  fifteen  years,  etc. 

Mary  Cory,  wife  of  Giles  Cory,  and  John  Parker  deposed  that  they  saw  John 
Glide  drunk  and  swearing  by  God  and  he  wished  that  the  ground  might  open 
and  he  might  sink  if  the  cow  he  brought  was  not  the  cow  he  brought  from  Jo- 
siah  Sudreck's. 

Susanna  Dutch,  aged  twenty-eight  years,  deposed  that  she  had  known  Mary 
Cory  sixteen  years,  etc. 

Caleb  More,  aged  about  thirty  years,  testified  at  Salem  that  he  being  with 
his  father  in  Virgenia  when  he  bought  Mary,  now  wife  of  Gyels  Cory  out  of  a 
London  ship,  the  whole  ship's  company  gave  her  the  character  of  an  honest, 
civil  woman.  Neither  in  coming  home  in  the  ketch  nor  while  she  lived  with 
his  father  or  since,  had  he  ever  heard  her  swear,  see  her  overtaken  in  drink  or 
speak  reproachfully  of  any  of  her  neighbors  or  of  anybody  else.  Also  he  never 
heard  anybody  else  say  such  things  of  her. 

Petition  of  Mary,  wife  of  Giles  Core,  and  of  John  Parker:  "hauing  of  late 
ben  uniustly  molested  by  some  of  our  neighbours  to  our  great  damage  and 
defamation  our  case  hauinge  ben  heard  and  Judgment  giuen  our  innocency 
appearinge  we  ar  clearely  acquitted  of  such  accusations  as  were  uniustly  layd 
to  our  charge  yet  notwithstandinge  there  doe  appeare  seueral  of  those  p  sons 
which  out  of  mere  preiudice  haue  now  of  late  endauored  to  bringe  your  sayd 
petioners  into  further  trouble  by  false  accusations  suggested  agaynst  them 
To  the  w"^  we  shal  make  it  appeare  to  this  Honored  Court  when  we  ar  called 
to  answer  to  their  several  presentments  that  the  cause  of  this  our  trouble 
doth  originally  arise  out  of  mere  preiudice  for  seueral  of  their  charges  where- 
with we  ar  charged  ar  aboue  a  yeare  since.  And  we  entreate  this  Honored 
Court  would  be  pleased  to  take  the  testemonyes  of  our  Honest  neighbours  in 
ova  behalfe.  whither  or  no  they  can  evidence  that  your  petitioners  were  ever 
addicted  to  such  Crimes  of  drunkenes  swearing  and  lyinge  as  we  ar  now  uniust- 
ly charged  withal  Thus  hopinge  your  Honours  wil  evidently  perceiue  that  the 
accusations  wherewith  your  petioners  ar  now  uniustly  charged  withal  doe  pro- 
ceed originally  out  of  mere  periudice  or  mahgnant  maUce  that  you  wil  see  iust 
cause  to  acquit  us  from  the  accusations  that  ar  now  brought  before  you." 

Robert  Pease,  aged  about  fifty  years,  deposed  that  Coper  desired  him  and 
Richard  to  go  with  him  to  help  catch  Henry  Cookes  horse  and  put  him  in  his 
pound,  etc.     Richard  Pease  testified  to  the  same. 

James  Browne*  testified  that  Booth,  the  joiner,  drank  punch  on  the  pri- 

The'  complaint  of  John  (his  mark)  Roudin,  Mary  (her  mark)  Rowdin  and 
Danell  (his  mark)  PoUe:  that  Hue  Jones  came  to  his  house  one  Sabbath  day 
morning  last  Indian  harvest  and  demanded  a  pair  of  fetters.  He  told  him 
that  it  was  not  a  day  to  come  for  fetters.  Then  Jones  called  deponent  and  his 
wife  vile  names. 

Isack  Read  and  Joane  Read  testified  that  Rowden  struck  Joans,  etc. 

*Autograph. 


IQ'Jg]  RECORDS    AND    FILES  1^9 

Thomas   Chick,   for   using  reproachful  irreligious  speeches 
and  abusive  carriages  and  actions  to  John  Grover,  was  fined 
John  Parker,  for  being  drunk,  was  fined  on  two  counts.T 
Mary  Cory,  for  cursing  and  swearing,  was  fined.J 
Mary  Cory,  for  being  drunk,  was  fined. § 
Mary  Cory,  for  abusive  speeches  to  or  of  the  wife  of  John 

Pudney,  was  fined. ||  •  v  ^  <t 

JohnParker,  for  pernicious  lying,  wasadmomshed.il 

John  Rowden,  for  breach  of  the  peace  by  strikmg  Hugh 

Joanes,  was  fined.**  .       ^  u     -d 

Hugh  Joanes,  for  abusive  words  and  threatemng  John  Kow- 

den  and  his  wife,  was  fined.ft  •     u  •  + 

Mary  Coree,  for  cruelly  beating  her  servant,  it  bemg  not 

proved  to  be  within  the  year,  was  dismissed.Jt 
George  Boothe,  for  being  drunk,  was  fined.§  § 
John  Parker,  for  swearing  and  cursing,  was  fined. H  jl 
John  GUde,  for  being  drunk  and  swearing,  was  dismissed, 

having  been  fined  by  Maj.  Hathorne.lH^ 

for  two  years,  except  once,  when  he  touched  at  Road  Island, 
nt  which  time  his  wife  was  at  Barbadus,  etc. 

Warrant  dated  Nov.  27,  1678,  tor  apprehension  of  Joseph 
natohell   sisned  by  Daniel  Denison.*'' 

"""m'ns  dated  24  :  8  :  1678,  also  to  witnesses  Jon  Grc^ve^ 
Jon.Trask,  jr.,  and  Tho.  Partor,  signed  by  HiHiard  Veren        cleric 

twit-  John  Gloyd,  Bengaman  Procter  and  Ehzabeth  Procter. 

tPresented  for  taking  the  name  of  God  in  vam  and  for  say- 
ini  ''the  pLge  take  you,"  and  ''the  divill  take  you  and  a  Iso 
to^wte   by   her  faiih' and   Troth.''     Wit:     Martha   Bates, 

Mary  Moulton  and  John  Moulton.  -pipyaheth 

§Wit:     Charles  Phillips,  Bengaman  Procter  and  Elezabetn 

"Procter 

II  Wit-     John  Procter  and  Bengamen  Procter. 

i  Wit:     George  Lockhadtt  and  Bengamen  Procter. 

**Wit:     Isack  Reade  and  his  wife. 

ttWit-     John  Roaden,   Mary,  his  wife,   and  Danill   Polle. 

Swit-  Lott  Kellam  and  his  wife,  who  testified  that  she 
beat  her  servant  with  a  stick  as  big  as  a  talking  statt 

§§George  Booth,  the  joiner,  was  presented  for  bemg  drunk 
aboard  the  man  of  war.     Wit:     Jeames  Browne  and  Phillip 

^llllWit:     John  Moulten  and   Mary  Clyde.     Martha  Bates 
^^wit:     John  Parcar  and  his  mother-in-law. 
***  Autograph. 


150  SALEM  QUARTERLY  COURT  [NoV. 

Henry  Cooke,  for  a  rescue,  was  dismissed. 

Servants  of  the  house  were  allowed  8s. 

Maj.  Daniell  Gookin  and  Maj.  Wm.  Hathorne,  Esquires, 
on  1  :  12  :  1678,  granted  administration  upon  the  estate  of 
William  Snelling,  to  his  relict,  now  the  wife  of  Samuell  Clearke, 
and  to  Mr.  Edmond  Batter,  creditor  of  the  estate,  who  were 
ordered  to  bring  in  an  inventory  to  the  next  Salem  court. 

The  Worshipfull  Maj.  Daniell  Gooken  and  Maj.  Wm.  Hath- 
orne, Esq.,  on  4  :  12  :  1678,  granted  administration  to  Sarah 
Hathorne,  relict  of  Capt.  Wm.  Hathorne,  upon  his  estate,  and 
she  was  ordered  to  bring  in  an  inventory  to  the  next  Salem 
court.* 

Presentments,  signed  by  Jeremiah  Neale,t  foreman,  in  the 
name  of  the  rest  of  the  grand  jury: 

Edward  Berey  for  not  living  with  his  wife  according  to  law. 
Wit:     Alse  Flinte  and  Ehzabeth  Bartlet. 

JohnPearse  of  Gloster,  for  disturbing  the  peace  and  absenting 
himself  from  the  public  worship  of  God.  Wit:  William  Sar- 
gen  and  Deacon  Stifens. 

Richard  Joanes  of  Marbellhead,  for  calling  Elezabeth  Pow  vile 
names.     Wit:     Richard  Clatory  and  Mary  Clatory. 

Samuell  Gattchell,  for  not  living  with  his  wife  according  to 
law,  which  is  a  common  fame. 

*  Appointment  of  administratrix,  dated  Feb.  4,  1678,  signed 
by  Daniel  Gookin,  sr.,t  assistant,  and  Wm.  Hathorne. f 

Copy  made  by  Jno.  Higginson,!  Nov.  2,  1678,  of  the  jurymen 
chosen  by  Salem,  as  follows:  Jury  of  trials,  Mr  Elez.  Hathorne, 
Mr.  Jno.  Pickring,  Jno.  Marston,  Jos.  Hucheson,  Mr.  Will.  Hirst, 
William  Trask  and  Sarj.  Nath  Beadle;  grand  jury,  Nathl. 
Puttman,  Frances  Skery,  Leut.  Jer.  Neale,  Mr.  Christor. 
Bavage,  Thomas  Rootts,  Henr.  West,  Jno.  Homes.  Venire 
returned  by  John  Norman, f  constable. 

Venire,  dated  14  :  8  :  1678,  for  grand  jury  and  trial  jury 
men  from  Wenham,  signed  by  Hilliard  Veren,t  for  the  court, 
and  served  by  Samll.  Kemball,t  constable  of  Wenham,  who 
returned  the  names  of  John  Abbe  for  the  grand  jury,  and  Wil- 
liam Fiske  for  the  jury  of  trials. 

Venire,  dated  14  :  8  :  1678,  for  grand  jury  and  trial  jury 
men  from  Linn,  signed  by  Hilliard  Veren,t  cleric,  and  served 
by  Thomas  Laughton,t  constable  of  Linn,  who  returned  the 
names  of  John  Burrell,  Samuell  Johnson,  Robert  Potter  and 
John  Collins  for  the  grand  jury,  and  Sergt.  Thomas  Newhall, 
John  Ballard,  Joseph  Collins  and  John  Moore  for  the  jury  of 
trials,  who  were  chosen,  4:9:  1678,  at  a  Linn  town  meeting. 

t  Autograph. 


jg78]  RECORDS    AND    FILES  151 

Venire,  dated  14  :  8  :  1678,  for  Marbelhead  grand  jury  and 
trial  iurymen,  signed  by  Hilliard  Veren,*  for  the  court,  and 
served  by  Wm.  Wood,*  constable  of  Marbelhead  who  returned 
the  name  of  Jon.  Deverix  for  the  grand  jury,  and  Samll.  Morgan 
for  the  iury  of  trials.  ,  ,  .  i  .  ■  i 

Venire,  dated  24  :  8  :  1678,  for  Beverly  grand  jury  and  trial 
iiirvmen  signed  by  Hilliard  Veren,*  for  the  court,  and  served 
[y^;  who  returned  the  name  of  Samuell  Ballch  for  the  jury 

°  Summons,  dated  24  :  8  :  1678,  to  the  wife  of  Mathew  Tailer, 
for  her  lying  concerning  a  petticoat  which  upon  suspicion  was 
stolen  from  Peeter  Woodberye,  also  as  witnesses,  Mary,  wife 
of  Ephraim  Herrick,  Mary,  wife  of  John  Herrick  Sarah,  wife 
of  Jon.  Dodge,  sr.,  Jon.  Sampson  and  Peeter  Woodbery,  signed 
bv  Hilliard  Veren,*  cleric.     Mathew  Tailer's  wife  had  gone  out 

"^  Ro'bert  Lord,  marshal,  and  Abraham  Perkins  deposed  that 
they  heard  John  Backer,  jr.,  say  that  he  |jadprayed  for  said 
Lord  but  ''the  divell  will  have  him  for  all  that.  Also  that 
Lord  said  that  Baker  said  that  "Bruer  and  Warner  were  damd 
toads  and  that  the  divell  would  have  them.  Sworn,  6:9. 
1678,  in  Ipswich  court.  ,  ..i    t  i.     tj  i 

Thomas  Waite,  sr.,  deposed  that  meeting  with  John  Baker, 
ir  between  the  meeting  house  and  Mr.  Willson  s,  and  trom 
his  words  apprehend  that  he  was  much  overcome  with  drmk. 
Sworn,  6:9:  1678,  in  Ipswich  court.  w  j  r^  +   io 

Writ-  Tobias  Carter  v.  Simon  Rumeree;  debt;  dated  Uct.  iz, 
1678:  signed  by  Hilliard  Veren,*  for  the  court;  and  served  by 
Thomas  [Searle],  constable  of  Salem.     Bond  of  John  Price.* 

Writ-  Hugh  March  v.  Moses  Bennet;  debt;  dated, 
Boston,"  24  :  8  :  1678;  signed  by  Ephraim  Turner  *  for  the 
court;  knd  served  by  Samuell  Leach,*  constable  of  Manchester. 
Bond  for  appearance,  dated  Nov.  15,  1678,  given  by  William 
(his  mark)  Bennet  and  his  son,  Moses  Bennet,*  of  Manchester. 
Wit-     Thomas  West*  and  Samuel  (his  mark)  Leach. 

Approbation  of  the  selectmen  of  Lyn,  of  Theophilus  Bayley, 
for  license  to  keep  a  public  house  of  entertainment,  as  a  man 
who  never  suffers  disorders  in  his  house,  signed  by  Thomas 
Laughton,*  Rich.  Walker,*  Ralph  King,*  Andrew  Mansfeild,* 
Nathanill  Kertland,*  John  Burrall*  and  William  Bassett* 

Approbation  of  the  selectmen  of  Marblehead,  of  Mr  Chris- 
topher Lattimore,  Ensign  Norman  and  Mr.  Thaddeus  Reddin 
for  licenses  to  keep  a  public  house  of  entertainment;  also  ot 
Mr  Moses  Mavericke,  Mr.  Ambros  Galle  and  Mr.  John  Legg, 
who  furnish  fishermen,  with  necessities,  as  retailers  ot  rum^  and 
other  strong  liquors,  and  that  no  others  be  allowed,  as  the  vice 
of  excessive  drinking  growing  up  too  fast  amongst  us  may  be 

*Autograph.  jAutograph  and  seal. 


152  SALEM  QUARTERLY  COURT  [NoV. 

redused,"  signed  by  Christopher  Lattermor,  Ambros  Galle, 
Roberd  Bartlet  and  John  Merrett,  selectmen. 

Return,  dated  Oct.  18,  1678,  of  Ambros  Geall,*  Richard 
Norman,*  James  Dennes,*  WilHam  Pancher,*  Robert  Roales,* 
Ehas  Hendly,*  Phi.  Parsons,*  Richard  Reed,*  Tho.  Sowden,* 
Christo.  Huckestable,*  Samuell  Sanden,*  and  Walter  Adams,* 
a  jury  of  inquest  warned  by  William  Wood,*  constable  of 
Marblehead,  upon  the  body  of  Edward  Vinton,*  who  fell  out 
of  a  fishing  shallop  in  Marblehead  harbor  and  was  drowned 
on  Oct.  3,  that  he  was  accidentally  drowned  and  remaining 
in  the  water  so  long  was  much  eaten  by  the  fishes. 

Resolved  White,*  Edward  Beachum,*  George  Jacob,* 
John  Tomkens,*  Manaseth  Marston,*  Peeter  Cayes,*  Andrew 
Alger,*  Edward  Flint,*  Henry  West,*  John  Pease,*  Robert 
Wilson,*  and  John  Cook,  impressed  by  constable  Jno.  Norman 
of  Salem,  as  a  jury  of  inquest,  upon  the  body  of  a  man  who  was 
drowned  in  the  North  river,  a  servant  of  Thomas  Moulds,  re- 
turned May  2,  1678,  that  there  were  no  outward  wounds  and 
water  was  the  cause  of  his  death. 

"S*"  According  to  you""  order  I  with  the  rest  of  the  men  whose 
names  are  under  writtne  have  searcht  the  Body  of  one  Called 
Edward  Bodge:  I  made  Incision  upon  the  parte  of  his  Body 
which  was  most  Suspitious  which  was  upon  the  Temporall 
musile:  I  layd  the  Bones  Bare:  wee  could  nott  find  any  frac- 
ture in  the  least  nether  was  the  flesh  in  any  wise  corupt  or 
putrified.  Marblehead,  octob^  31th,  1678."  Richd.  Knott,* 
Chir.,  and  Christopher  Lattimor,  Ambros  Gall,  Robart  Bart- 
lett  and  John  Merrett. 

Execution,  dated  5:7:  1678,  against  Andrew  Peeters,  to  sat- 
isfy judgment  granted  Samuell  Chapman,  25  :  4  :  1678,  at  Sa- 
lem court,  signed  by  Hilliard  Veren,*  cleric,  and  served  by 
Henry  Skerry,*  marshal  of  Salem. 

Execution,  dated  13  :  10  :  1678,  against  Daniell  Johnson  and 
John  Davis,  administrators  of  the  estate  of  George  Coale,  to 
satisfy  judgment  granted  John  Proctor,  28  :  9  :  1676,  at  Salem 
court,  signed  by  Hilliard  Veren,*  cleric,  and  served  by  Henry 
Skerry,*  marshal  of  Salem. 

Execution,  dated  28  :  1  :  1679,  against  James  Pitman,  to  sat- 
isfy judgment  granted  Thomas  Hoare,  26  :  9  :  1678,  at  Salem 
court,  signed  by  Hilliard  Veren,*  cleric,  and  served  by  Henry 
Skerry,*  marshal  of  Salem. 

Execution,  dated  18  :  10  :  1678,  against  John  Griffin,  to  sat- 
isfy judgment  granted  Mr.  Thomas  Woodbridge,  26  :  9  :  1678, 
at  Salem  court,  signed  by  Hilliard  Veren,*  cleric,  and  served 
by  Henry  Skerry,*  marshal  of  Salem. 

Execution,  dated  11:9:  1678,  against  William  Hoare  and 
his  wife,  Jonah  Jonson  and  his  wife  and  Samuell  Haris  and 

*  Autograph. 


1678]  RECORDS    AND    FILES  153 

his  wife,  to  satisfy  judgment  granted  John  Black,  constable  of 
Beverly,  25  :4  :  1678,  at  Salem  court,  signed  by  Hilliard  Veren,* 
for  the  court,  and  served  by  Henry  Skerry,*  marshal  of  Salem. 

Execution,  dated  Mar.  5,  1678-9,  against  William  Dounton, 
to  satisfy  judgment  granted  Mr.  Phillip  Cromwell,  26  :  9  : 
1678,  at  Salem  court,  signed  by  Hilliard  Veren,*  cleric,  and 
served  by  Henry  Skerry,*  marshal  of  Salem. 

Execution,  dated  24  :  10  :  1678,  against  Edward  Winter, 
to  satisfy  judgment  granted  Mr.  Edmund  Batter,  29  :  11  : 
1677,  at  Salem  court,  signed  by  Hilliard  Veren,*  cleric,  and 
served  by  Henry  Skerry,*  marshal  of  Salem,  by  delivering 
said  Winter  in  person  to  Batter  who  was  to  have  him  for  five 
years,  keeping  one-third  part  of  his  earnings,  the  other  two- 
thirds  Winter  was  to  have  for  his  family,  or  if  he  paid  before 
the  five  years  expired,  he  was  to  be  freed. 

Execution,  dated  10  :  2  :  1678,  against  John  Blany,  to  sat- 
isfy judgment  granted  Mr.  Raulph  King,  27  :  9  :  1677,  at 
Salem  court,  signed  by  Hilliard  Veren,*  for  the  court,  and  served 
by  Henry  Skerry,*  marshal  of  Salem. 

Execution,  dated  2:5:  1678,  against  Capt.  Thomas  Fisk, 
to  satisfy  judgment  granted  Mr.  William  Browne,  sr.,  25  : 
4  :  1678,  at  Salem  court,  signed  by  Hilliard  Veren,*  for  the 
court,  and  served  by  Henry  Skerry,*  marshal  of  Salem.  Wil- 
liam Browne,*  on  July  2,  1678,  gave  power  to  Walter  Fairfeld 
to  receive  it  for  him. 

Execution,  dated  Feb.  24,  1678,  against  John  Griffen,  to 
satisfy  judgment  granted  Edmond  Bridges,  as  attorney,  to 
Mr.  John  Ruck,  Mr.  Bartholmew  Gedney,  Leift.  John  Higgin- 
son  and  George  Deane,  signed  by  Hilliard  Veren,*  cleric,  and 
served  by  Henry  Skerry,*  marshal  of  Salem,  who  attached 
land  of  Griffin  in  the  middle  of  his  lot,  his  orchard  having  been 
committed  to  feoffees  in  trust  for  his  wife,  part  of  which  land 
was  next  to  Kimboll's,  and  delivered  it  by  turf  and  twig  to 
John  Ruck  &  Co. 

Execution,  dated  2:5:  1678,  against  Abraham  Allen,  to 
satisfy  judgment  granted  Ambross  Gale,  25  :  4  :  1678,  at  Sa- 
lem court,  signed  by  Hilliard  Veren,*  for  the  court.  John 
Legg*  and  Thomas  Pitman*  appraised  an  old  house  and  some 
ground  around  it,  with  the  cow's  lease,  at  131i. 

Execution,    dated    29  :  4  :  1678,    against    William    Chub   to 

satisfy  judgment  granted Herrick,  at  Salem  court,  in  corn 

or  cattle  or  ten  weeks'  service,  signed  by  Hilliard  Veren,* 
cleric,  and  served  by  Henry  Skerry,*  marshal  of  Salem. 

Execution,  dated  29  :  4  :  1678,  against  Richard  Rowland, 
to  satisfy  judgment  granted  Jeremiah  Neale  and  Edward  Flint, 
attorneys  of  Jonathan  Hart,  signed  by  Hilliard  Veren,*  cleric, 
and  served  by  Henry  Skerry,*  marshal  of  Salem, 

*  Autograph. 


154  SALEM  QUARTERLY  COURT  [Nov. 

Execution,  dated  July  4,  1678,  against  Daniell  Turill,  jr., 
to  satisfy  judgment  granted  Mr.  Hilliard  Veren,  attorney  of 
Edward  Merryweather,  haberdasher,  in  London,  June  25, 
1678,  at  Salem  court,  signed  by  Hilliard  Veren,*  for  the  court, 
and  served  by  Henry  Skerry,*  marshal  of  Salem. 

Execution,  dated  29  :  4  :  1678,  against  Clement  Grosse,  to 
satisfy  judgment  granted  Capt.  Paule  White,  25  :  4  :  1678, 
at  Salem  court,  signed  by  Hilliard  Veren,*  cleric,  and  served 
by  Henry  Skerry,*  marshal  of  Salem,  by  attachment  of  land  in 
Boston  next  to  one  Plumer,  and  delivered  it  to  Mr.  Joseph 
Tapping,  for  Capt.  White  of  Newbury,  by  order  of  Mr.  Robard 
Verren,  jr.  The  land  was  appraised  by  Mr.  Simeon  Stodder 
and  Mr.  Thomas  Baker,  merchants. 

Execution,  dated  29  :  4  :  1678,  against  John  Blany,  to  sat- 
isfy judgment  granted  Siprian  Steephens,  attorney  of  Henry 
Willard,  25  :  4  :  1678,  at  Salem,  signed  by  HilHard  Veren,* 
cleric,  and  served  by  Henry  Skerry,*  marshal  of  Salem,  by 
attachment  of  salt  marsh. 

Execution,  dated  29  : 4  :  1678,  against  Hugh  March,  to 
satisfy  judgment  granted  Edward  Smith,  25  : 4  :  1678,  at 
Salem  court,  signed  by  Hilliard  Veren,*  cleric,  and  served  by 
Robert  Lord,*  deputy  for  Henry  Skerry,*  marshal  of  Salem. 

Execution,  dated  July  1,  1678,  against  John  Blaney,  to  sat- 
isfy judgment  granted  Phillip  Welch,  June  25,  1678,  at  Salem 
court,  signed  by  Hilliard  Veren,*  cleric,  and  served  by  Henry 
Skerry,*  marshal  of  Salem,  by  attachment  of  salt  marsh  in 
Lynn  meadows. 

Execution,  dated  July  9,  1678,  against  Mr.  John  Wincoll, 
to  satisfy  judgment  granted  Capt.  John  Price  and  Mrs.  EHz- 
abeth  Price,  executors  of  the  will  of  Capt.  Walter  Price,  June 
25,  1678,  at  Salem  court,  signed  by  Hilliard  Veren,*  cleric,  and 
served  by  John  Robearts,*  marshal  of  Dover,  deputy  for 
Henry  Skerry,*  marshal  of  Salem,  by  attachment  of  land  of 
Capt.  Wincoll  in  Kittery  above  Salmon  Falls. 

Return  of  persons  in  Salem  who  took  the  oath  of  fidelity: 

Will.  Dounton's  ward:  Ruben  Goopy,  sr.,  John  Goopy, 
the  tailor,  Thomas  Ollever,  John  Roops,  carpenter,  Samuel 
Roops,  carpenter,  Simon  Horn,  kordwinder,  Josuf  Horn, 
kordwinder,  Gorg  Inggerson,  carpenter,  Isaac  Williams,  kord- 
winder, Johnathan  Princ,  kordwinder,  Gorg  Peel,  tailer, 
Will.   Andros,    merchant,    John   Leach,    husbandman,    Daniel 

Bacon, Nowell,     Will.    Ropes,    ship    carpenter.     Ezekiel 

Chever,  Jno.  Harinton,  Henry  Higginson,  Rob.  Gray,  Samuel 
Bedle,  Rob.  Sallows,  Mister  Mackmallion,  Jno.  Baxtor,  Jno. 
Glovear.     Mr.  Neale  took  not  ye  oath. 

Robert  FoUit's*  ward:  Gilbert  Tapley,  shorman,  Thomas 
Rose,  shorman,  Ezekiell  Waters,  William  Punchird,  Arther 
Wormstall,  Walter  Mare,  Christopher  Hops,  Clement  English. 

*  Autograph. 


1678]  RECORDS    AND    FILES  155 

Daniel  Bakon  and  Robert  Nowell,  18  :  1  :  1677-8,  took  the 
oath  of  fidelity. 

Warned  by  Henry  West  to  appear  4:1:  1677-8,  before 
Worshipful  Major  Hathorne:  William  Pinson,  Wm.  Longstaff, 
Richd.  Maibey,  Morgan  Jones,  Tho.  Feild,  Peter  Strike, 
Wm.  Lake,  Jno.  Milke,  Andrew  Auger,  Edw.  Norrice,  sr., 
Edw.  Norrice,  jr.,  George  Booth,  Samll.  Shattock,  jr.,  Sam- 
uell  Buckman,  Hiliard  Veren,  jr.,  Stephen  Sewall. 

Christopher  Babbidge's  ward:  George  Ingerson,  shoreman, 
John  Ingerson,  carpenter,  Joseph  Ingerson,  carpenter,  Samuel 
Ingerson,  carpenter,  Edward  Berry,  weaver,  Fransis  Collins, 
carpenter,  John  Earththy,  seaman,  Jno.  Elson,  fisherman. 

Mr.  Resolved  White's  ward:  Edw.  Winter,  fisherman. 
Alter  Hewes,  labourer,  Thom.  Veley,  labourer,  Edw.  Whor- 
ton,  glacyer,  Quaker,  James  Browne,  glacyer,  George  Emery, 
chirurgeon,  Jno.  Bligh,  laborer,  Thom.  Clarke,  taylour,  Philip 
Veren,  shoomaker,  Willm.  Lord,  labourer,  John  Darling,  taylour, 
Mathew  Clark,  Wm.  Hollis. 

Joseph  Boyes,  sr.,  Josia  Southicke,  sr.,  Josia  Southicke,  jr., 
John  Hill,  Samuell  Aborn,  jr.,  John  Lomes,  sr.,  John  Lomes,  jr., 
Bengemen  Woodro,  Joseph  Boyse,  William  Traske,  John  Traske, 
John  Benet,  John  Smith,  John  Blithen,  John  Mackshane,  Danell 
Southicke,  Jeremiah  Watts,  Henery  Traske,  Samuell  Nurce, 
Jems  Mils,  William  Rendall,  Alexander  Frisel,  Samuell  Gaskill, 
Rich.  Tree,  Umfori  Cave. 

Nathaniel  Felton,  sr.'s,*  ward,  who  were  to  appear  on  Mar. 
25,  1678:  Robert  Pease,  sr.,  John  Pease,  sr.,  Daniel  Roff,  John 
Pease,  jr.,  Levi  Preston,  Robt.  Pease,  jr.,  John  Longle,  Rich- 
ard Tree,  John  Tarbel,  Thomas  Howard,  Samll.  Nurse,  Nich- 
olas Duel,  John  Felton,  Thomas  Preston,  Isacke  Cooke,  Simon 
Rumrel,  Henery  Cooke,  Willyam  Osburne,  John  Burton,  sr., 
John  Burton,  jr.,  Samuel  Aburne,  sr,,  Moses  Aburne,  Francis 
Nurse,  sr.,  John  Nurse,  Francis  Nurse,  jr.,  Hugh  Jones,  Anthony 
Buxton,  Samuel  Marsh,  Joseph  Woodrow,  John  Rowden,  Daniel 
Poole,  Nathaniel  Felton,  jr.,  Benjamin  Skarlot. 

Warned  to  appear  Mar.  25,  1678,  to  take  the  oath  of  al- 
legiance to  His  Majesty  and  fidelity  to  the  country:  John 
Foster,  sr.,  John  Foster,  jr.,  Samuel  Foster,  John  Waters, 
John  Tomkins,  jr.,  George  Jacobs,  Thomas  Brocket,  Edward 
Beacham,  John  Smal,  Steven  Smal,  James  Symonds,  Josia 
White,  John  Tomkins,  sr. 

Goodman  Goulthrite's  ward:  Jno.  Procter,  Eleazer  Gyels, 
Jno.  Gyels,  Saml.  Verey,  sr.,  Saml.  Verey,  jr.,t  Tho.  Verey,t 
Jonathan  Verey,t  Jno.  Verey,t  Samll.  Stacy,}  Jno.  Stacy,t 
Jno.  Stacy,t  Isack  Meacham,  Jeremh.  Meachem,  Nath.  Car- 
rill,t  Samuel  Frail,  Will.  Shaw,t  Mihil  Shaflin,  Timothy  Allin, 
Adam    Gold,t    Thomas    Buffington,    Charls    Philips,    Thom. 

*  Autograph.  f  Crossed  out  in  original. 


156  SALEM  QUARTERLY  COURT  [NoV. 

Cooper,*  Philip  Locyer,*  Jno.  King,  sr.,  Samll.  Goillthrite, 
Joseph  Sibley,  Richd.  Bates,*  Henery  Stacy,  William  Russell, 
John  King,  jr. 

Persons  in  Newbury  who  took  the  oath  of  allegiance,  1678, 
with  their  ages:  John  Emery,  jr.,  aged  51,  Jonathan  Emery, 
27,  Israel  Webster,  35,  Wm.  Bolton,  48,  Abraham  Merrill, 
41,  Joseph  Wheeler,  16,  Wm.  Longfellow,  27,  Jacob  Topan,  31, 
John  Sewall,  24,  Francis  Browne,  46,  James  Smith,  33,  John 
Emery,  sr.,  80,  James  Ordoway,  60,  John  Topan,  28,  Isaac 
Ilsley,  26,  Rich.  Bartlett,  jr.,  30,  John  Bartlett,  jr.,  23,  Tho. 
Bartlett,  25,  Joseph  Knight,  26,  Sam.  Sayer,  29,  Steph.  Green- 
leafe,  jr.,  26,  Jam.  Ordoway,  jr.,  26,  John  Ordoway,  20,  John 
Bayly,  65,  Isaac  Bayly,  24,  Ephraim  Plummer,  24,  John  Emery, 
22,  Tho.  Halle,  jr.,  45,  Hen.  Short,  26,  Joseph  Bayly,  30, 
Mathew  Petingall,  30,  Joseph  Little,  25,  Sam.  Poore,  sr.,  55, 
Sam.  Poore,  jr.,  25,  John  Poore,  sr.,  63,  Jerem.  Davis,  28,  Nich. 
Rawlins,  32,  John  Davis,  30,  Edward  Poore,  23,  James  Carr, 
25,  Joshua  Bayly,  20,  Cornelius  Davis,  25,  Cutting  Noyes,  29, 
Wm.  Isesley,  jr.,  28,  Silvanus  Plummer,  20,  Zech.  Davis,  29, 
Rich  Dummer,  jr.,  28,  Moses  Geerish,  23,  Joseph  Poore,  24, 
Edward  Moores,  sr.,  64,  Rich.  Woollworth,  30,  Nath.  Brickett 
29,  Nathan  Parker,  28,  Nath.  Aires,  22,  Abiel  Long,  29,  Shu- 
bael  Long,  17,  Wm.  Worham,  26,  Tristram  Coffin,  47,  Wm. 
Chandler,  62,  John  Badger,  36,  Christopher  Bartlett,  jr.,  23 
Rich  Lowle,  76,  Tho.  Woodbridge,  29,  Caleb  Moody,  41,  Jon- 
athan Wheeler,  20,  Nathan  Wheeler,  18,  Hugh  March,  jr.,  22, 
Ephraim  Davis,  23,  John  Herricks,  28,  Joshua  Woodman,  41, 
John  Rolfe,  18,  Tho.  Lowle,  27,  Jonathan  Woodman,  35,  Cur- 
mac  Annis,  40,  Edmund  Marshall,  29,  Joseph  Poore,  17,  James 
Burrell,  21,  Percivall  Lowle,  40,  Robt.  Coker,  72,  Hen.  Sewall, 
66,  John  Webster,  sr.,  46,  John  Webster,  jr.,  22,  Dan.  Lunt, 

36,  John  Atkinson,  44,  John  Halle,  sr.,  42,  Wm.  Randall,  65, 
Joseph  Richardson,  23,  Ben.  Lowle,  37,  Tho.  Halle,  sr.,  74, 
Anth.  Morse,  72,  Joseph  Coker,  38,  Joseph  Dole,  22,  Francis 
Willett,  43,  Joseph  Moring,  22,  Hen.  Jaques,  60,  John  Scolly, 

37,  Tho.  FoUinsby,  41,  Joseph  Mirick,  18,  John  Richardson, 
cler.,  31,  Daniel  Perse,  40,  Tho.  Noyes,  30,  John  WooUcott, 
sr.,  45,  John  Woollcott,  jr.,  18,  Sam.  Pettingall,  33,  John 
Granger,  24,  Wm.  Noyes,  25,  Andrew  Godfry,  22,  Henry 
Somersby,  16,  James  Brading,  16,  Edward  Woodman,  jr., 
50,  Walter  Taylor,  55,  Wm.  Morse,  64,  Rich.  Petingall,  60, 
Tho.  Rogers,  26,  Tho.  Browne,  72,  Benajah  Titcomb,  25,  Ben- 
jamin Coker,  26,  Gerge  Major,  31,  Francis  Thurley,  48,  Anth. 
Somersby,  68,  Abel  Hewes,  74,  Wm.  Sayer,  65,  Peter  Godfry, 
48,  Rich.  Bartlett,  sr.,  57,  John  Bartlett,  sr.,  65,  John  Bartlett, 
jr.,  39,  Daniel  Massiloway,  33,  Hugh  Pike,  21,  Edward  Rich- 
rdson,  jr.,  27,  Tho.  Titcomb,  17,  Tho.  Silver,  jr.,  20,  Nathaneel 

*  Crossed  out  in  original. 


1678]  RECORDS    AND    FILES  157 

Merrill,  40,  Peniel  Titcomb,  27,  Augustine  Studman,  40,  Jo- 
seph Ilesley,  27,  Richard  Jaques,  22,  Steph.  Jaques,  17,  John 
Firman,  31,  James  Coffin,  19,  Increase  Pilsbury,  18,  Archelaus 
Woodman,  60,  Peter  Topan,  44,  Edward  Richardson,  sr.,  61, 
Joshua  Richardson,  28,  Ben.  Richardson,  18,  John  Swett,  30, 
John  Decker,  32,  Tho.  Silver,  sr.,  56,  James  Jackman,  jr.,  22, 
Richard  Jackman,  19,  John  Mighill,  42,  Daniel  Merrill,  34, 
Abel  Merrill,  32,  Joseph  Downer,  40,  Joshua  Browne,  36,  John 
Knight,  30,  Robt.  Beedle,  36,  Rich.  Browne,  27,  Joseph  Pike, 

39,  Dan.  Thurston,  40,  Sam.  Barltett,  32,  Henry  Poore,  26, 
Henry  Bodwell,  24,  Ebenezer  Hills,  19,  Jonathan  Moores,  32, 
James  Davis,  20,  George  Hardy,  17,  Elisha  Isesley,  30,  Dan. 
Thurston,  jr.,  17,  John  Poore,  jr.,  36,  Aquila  Chase,  26,  John 
Chase,  23,  Joseph  Goodridge,  39,  Edmund  Moores,  jr.,  27,  Dan. 
Cheney,  43,  Wm.  Mitchell,  24,  John  Hoeg,  35,  Steph.  Swett, 
58,  Benj.  Goodridge,  36,  George  March,  32,  John  Steevens,  30, 
Job  Pilsbury,  35,  Caleb  Pilsbury,  24,  Abel  Pilsbury,  26,  Daniel 
Chase,  16,  David  Chily,  28,  Hen.  Lucas,  18,  Benj.  Morse,  37, 
Robt.  Adams,  77,  Tho.  Chase,  24,  Wm.  Pilsbury,  jr.,  22,  Jerem. 
Goodridge,  42,  John  Kent,  jr.,  34,  John  Tucker,  28,  Abraham 
Adams,  37,  John  Mitchell,  28,  Sam.  Plummer,  60,  Isaac  Adams, 
33,  Jacob  Adams,  23,  Richard  Knight,  77,  Hugh  March,  sr.,  56, 
John  Kent,  sr.,  37,  Joshua  Bointon,  30,  John  Huggins,  26,  Wm. 
Danford,  30,  Sam.  Younglove,  40,  Robt.  Robinson,  40,  Benj. 
Plummer,  22,  Joseph  Plummer,  jr.,  23,  Tho.  Halle,  19,  James 
Freezes,  37,  Joseph  Muzzy,  50,  James  Jackman,  sr.,  60,  Hen. 
Acres,  26,  James  Noyes,  21,  Wm.  Moody,  17,  Joseph  Morse, 

40,  John  Guile,  23,  George  Perse,  17,  John  Halle,  jr.,  17,  Dan- 
iel Moody,  17,  Robt.  Long,  58,  John  Smith,  31,  John  Thurley, 
19,  Jonathan  Thurley,  17,  John  Noyes,  33,  Moses  Little,  21, 
Nath.  Cheney,  31,  John  Glading,  37,  Wm.  Pilsbury,  73,  Wm. 
Ilesley,  sr.,  70,  Steph.  Greenleafe,  sr.,  50,  Benj.  Rolfe,  40,  Tho. 
Thurley,  47,  Peter  Cheney,  39. 

Persons  in  Ipswich  who  took  the  oath  of  allegiance,  1678: 
Mr.  Daniell  Epps,  sr.,  Mr.  Joseph  Epps,  Linell  Epps,  Simond 
Epps,    Edward    Pipto,    John    Dentt,    John    Graves,    Frances 

Graves, Perkens,  Nathaniell  Emerson,  sr.,  Nath.  Emerson, 

jr..  Thorns.  Emorson,  Nathaniell  Wells,  Richerd  Bedford, 
Amos  Gorden,  Edword  Bager,  Laronc  Clenton,  John  Ring, 
Richerd  Briant,  Thomas  Bray,  Isack  Fellows,  Samll.  Fellows, 
John  Smith,  sr.,  Jno.  Smith,  jr.,  Henery  Benit,  Will.  Benit, 
Steven  Benit,  Jno.  Bridg,  Robert  Marttin,  Andrew  Borly,  Jno. 
Woodden,  Ensign  Bornam,  Joseph  Bornam,  Major  Appleton, 
Jno.  Worth,  Jams  Poller,  Daniell  Ring,  Joeph  Foller,  Thomas 
Poller,  Abraham  Fitt,  sr.,  Abraham  Fitt,  jr.,  Jno.  Borly, 
Simond  Wood,  William  Lambert,  Jno.  Honkins,  Jno.  Lee, 
Joseph  Lee,  Esaias  Wood,  Samll.  Wood,  Nickoles  Shavalle, 
Thomas  Haywerd,  Isack  Ringe,  Docktor  Dane,  Phelemon 
Dane,  Uzell   Wardwell,   Daniell  Hovy,  jr.,  Thomas  Borman, 


158  SALEM  QUARTERLY  COURT  [NoV. 

William  Chapman,  Daniell  Hovy,  sr.,  Nathanill  Hovy, 
Jno.  Wood,  Arthor  Abbit,  Peter  Loruer,  Robert  Cross? 
Thomas  Peren,  Nathaniell  Poller,  Jno.  Barns,  Samuell  Hont, 
sr.,  Samll.  Hont,  jr.,  Thorns.  Bornam,  Mr.  Jno.  Hobbert,  Mr. 
Thomas  Andrus,  Jonas  Gregory,  Samuell  Eires,  sr.,  Samll.  Eires, 
jr.,  Anthony  Potter,  Jno.  Potter,  Edmond  Potter,  Samll. 
Potter,  Decon  Good  —  ,  Thomas  Sp  —  k,  Thomas  F  —  wether, 
Mr.  Jonathan  Wade,  Mr.  Thomas  Wade,  Roger  Skot,  Jno. 
Grove,  Jno.  Sheren,  Mr.  Jno.  Rogers,  Mr.  Nathaniell  Rogers, 
Cornelios  Genele,  Abraham  Tilton,  Jno.  Loueren,  Thomas 
Knoulton,  Samll.  Yonson,  sr.,  Joseph  Yonglove,  Shereborne 
Willson,  Elihu  Wardwell,  Richard  Tuells,  William  Baker, 
Nathaniell  Rust,  Corp.  John  Andous,  Thom.  Andrus,  Joseph 
Andrus,  Robard  Nelson,  Thomas  Atwood,  Samuel  Greffin,  Thom 
Marshal,  jr.,  Joseph  Marshal,  Rechard  Loe,  Crestfor  Tempel, 
John  Giddens,  Joseph  Giddens,  Samuel  Giddins,  Joseph  Prock- 
tor,  Bengaman  Procktor,  Henrey  Gold,  Jams  Whitt,  Wilem 
Whitt. 

"Names  of  thos  Inhabitants  of  Lyn  which  tooke  the  Oath 
of  Allegance  to  the  Kinge,"  1678:  Mr.  Samuell  Whitinge, 
Mr.  Joseph  Whitinge,  Mr.  Thomas  Laughton,  Capt.  Walker, 
Mr.  Ralph  Kinge,  William  Craufts,  Samuell  Cobbett,  Francis 
Burrill,  Joseph  Burrill,  Henry  Stacy,  Moses  Chadwell,  Allen 
Bread,  sr.,  Allen  Bread,  jr.,  Timothy  Bread,  Joseph  Bread,  Al- 
len Bread,  son  to  Allen  Bread,  jr.,  Joseph  Hall,  Nathaniell 
Bullard,  Jacob  Knight,  Mathew  Farrington,  jr.,  Daniell  Need- 
ham,  John  Tarbox,  Nathaniell  Handforth,  John  Ballard,  Thom- 
as Ivory,  Theophylus  Bayley,  Robert  Driver,  John  Davis, 
Eliezer  Lynsey,  John  Coates,  Samuell  Johnson,  John  Collins, 
jr.,  Daniell  Johnson,  John  Lynsey,  Crispus  Brewer,  Thomas 
Brewer,  Thomas  Farrer,  sr.,  Thomas  Farrer,  jr.,  Richard  Rich- 
ardson, Richard  Hud,  jr.,  William  Bassett,  jr.,  John  Lewis, 
jr.,  John  Ingolls,  Robert  IngoUs,  sr.,  Robert  Ingolls,  jr.,  Nath- 
aniell Ingolls,  Samuell  Ingolls,  Benjamin  lerson,  Henrj^  Silsbey, 
Ephraim  Silsbey,  Jonathan  Silsbey,  Samuell  Silsbej^  Henry 
Collins,  sr.,  Henry  Collins,  jr.,  Henry  Collins,  son  to  Henry 
Collins,  jr.,  Benjamin  Collins,  John  Collins,  Michaell  Lambart, 
Benjamin  Rednap,  Samuell  Penfeild,  Daniell  Salmon,  Richard 
Cowduck,  William  Bassett,  sr.,  John  Lewis,  sr.,  Ezekell 
Needham,  John  Blayno,  jr.,  Thomas  Beale,  Michaell  Homar, 
Joseph  Clarke,  Darbey  Manninge,  Benjamin  Farr,  Mathias 
Farnworth,  Nickolus  Huchins,  John  Richards,  John  Blayno, 
sr.,  George  Oakes,  jr.,  Francis  Wonright,  Walter  Phillips,  sr., 
John  Phillips,  Walter  PhiUips,  jr.,  Samuell  Pike,  Thomas 
Purchiss,  Oliver  Elkins,  John  Dolley,  Thomas  Haines,  Robert 
Haines,  John  Besso,  Thomas  Elkins,  Samuell  Tarbox,  Hugh 
Alley,  Domingo  White,  Samuell  Laughton,  William  Markes, 
Joseph  Collins,  Thomas  Graves,  sr.,  Thomas  Graves,  jr.,  Marke 
Graves,   Samuell  Graves,   William  Smith,   Robert  Coats,  sr., 


1678]  RECORDS    AND    FILES  159 

Robert  Coats,  jr.,  Charles  Gott,  Abraham  Roberts,  James 
Mills,  Griffen  Harris,  John  Allej'^,  Robert  Rand,  sr.,  Robert 
Rand,  jr.,  Zacharias  Rand,  Samuell  Bly,  Thomas  Laughton,  jr., 
constable. 

Order,  dated  July  11,  1678,  of  the  town  [of  Ipswich?]  in  re- 
lation to  the  sheep  kept  at  Jaferye's  neck  by  Goodman  Cald- 
well, the  shepherd,  etc. 

William  Hogsscine*  petitioned  the  town  of  Ipshwich,  Feb. 
9,  1677,  for  a  "letle  eyland  butting  against  Mister  paines  eyland 
which  hath  a  letle  marsh  about  it  that  is  cut  everry  year  by  one 
or  other  that  hast  letle  or  no  ned  of  it  if  the  toune  would  be 
pleased  to  grant  me  the  cutting  of  it  I  would  ingage  to  burne 
all  the  marsh  about  the  neck,"  etc. 

Susanah  Topan,  aged  about  seventy-four  years,  testified  that 
her  sister  Elizabeth  Lowle  lived  in  her  house  before  her  death 
and  died  there.  She  had  but  two  beds,  and  Mr.  George 
Emory,  the  doctor  of  Salem,  had  the  best  bed  and  bolster  and 
bedding  and  goods  to  the  value  of  lOli.  for  his  services.  De- 
ponent's husband  Abraham  Toppan  had  the  other  bed  for  their 
trouble  when  she  was  sick.  As  for  the  down  bed  mentioned 
by  Goody  Godfry  in  her  testimony,  it  belonged  to  deponent. 
Margaret  Lowle,  aged  about  seventy-four  years,  deposed  the 
same.  Sworn,  Nov.  23,  1678,  before  Jo.  Woodbridge,*  com- 
missioner. 

John  Lee's  bill  of  cost  against  John  Gifford,  15s.  3d. 

List  of  names  including  Sam.  Tayler,  Samuell  Fellowes, 
Isack  Fellowes,  Shoreborne  Willson,  Roberte  Crosse,  John 
Bayer,  Moses  and  Aren  Pengry,  Samuell  Ayers,  jr.,  John 
Cogswell,  Samuell  Moses,  Goodman  Hodgins,  Benjamin 
Prockter,  Tho.  Lull,  John  Dane,  sr.,  Tho.  Claerke,  sr.,  John 
Dutch,  William  Goodhew,  jr., 

Nathaniell  Brickett,  aged  about  twenty-five  years,  deposed 
that  at  Mr.  Thomas  Woodbridge's  house,  he  heard  Samwell 
Lowell  say  to  Benjamin  Lowell  that  he  would  swear  in  the 
action  "so  as  to  do  his  business  for  him."  Sworn,  Nov.  15, 
1678,  before  Jo.  Woodbridge,*  commissioner. 

Copy  of  Ipswich  town  record  concerning  the  piney  land.f 
The  duck  pond  and  wigwam  mentioned.  Also  Mr.  Epps  and 
Robert  Lord. 

List  of  names:  Mr.  Epps,  Jo.  Burnam,  sr.,  Joseph  Safford, 
Nicolas  Wallis,  Tho.  French,  John  Newmarsh,  Tristram  Coffin. 

List  of  names,  dated  1678:  Joseph  Porter,  Joseph  Holten,  sr., 
Daniel  Andrew,  Daniel  Rea,  Jeremiah  Watts,  Joseph  Hericke, 
Thomas    Rament,    Edward    Bishope,    Samuell    Brailbroocke, 

Nathanill  Ingersolle,  John ,  John  Procter,  Ben.  Procter, 

John  Glide,  John  Knight,  John  Baites,  Micall  Shafiin,  Thomas 
Buffenton,    Thomas    Goldthitte,    Thomas    [C?]ooper,    Philip 

*  Autograph.  f  This  paper  is  badly  torn. 


160  IPSWICH    QUARTERLY    COURT  [Apr. 

Court  held  at  Ipswich,  Ape.  1,  1679. 

Judges:  Major  Genrll.  Denison,  Esq.,  Major  Hathorne, 
Esq.,  Mr.  John  Woodbridge  and  Mr.  Wm.  Browne. 

Loshe,  Samuell  Goldthitte,  Francis  Nurse,  sr.,  William  Rusell, 
John  Leach,  carpenter,  Thomas  Flint,  Joseph  Pope,  Ben. 
Pope,  Gorge  Flinte,  Thomas  Haines,  John  Buckston  and  his 
man,  Micall  Derich,  Thomas  Weste,  John  Shepard,  Daniell 
Andrew's  man,  Jos.  Sibly,  Jon.  Verry,  Jos.  Neale,  Wm.  Flint, 
And.    Auger,    Abr.    Pease,   Jon.    King,   jr.,   Jesper   Swinerton, 

Samll.  Endecott,  Jacob  Fuller, ,  Read,  Levy  Preston,  Frances 

Nurss,  Jon.  Davis,  Hen.  Cook,  Jon.  Slather,  Mr.  Jon.  Ende- 
cot,  Alexis  Renoll,  Jos.  Benitt.*  Leaf  tenant  Thomas  Puttnam, 
Leaftenant  John  Puttnam,  Sargent  Thomas  Fuller,  Sargant 
Job  Swinerton,  Sargent  Jonathan  Wallcott,  Richard  Hucheson, 
Joseph  Huchison,  Nathaniel  Puttnam,  John  Puttnam,  Thomas 
Puttnam,  jr.,  Edward  Puttnam,  Jonathan  Puttnam,  James 
Puttnam,  James  Smith,  Henery  Keney,  John  Keney,  Thomas 
Keny,  Alexander  Osburn,  Joseph  Magery,  Henery  Bragge, 
Thomas  Furman,  Frances  Geffard,  John  Barowes,  John 
Adames,  John  Agerton,  Will.  Sibly,  Sam.  Sibly,  Joseph  Wood- 
row,  Ben.  Woodrow,  Benjaman  Holton,  Joseph  Holten,  jr., 
John  Longly,  Nicolas  Dewell,  who  was  Cromwell's  man, 
Simon  Johnson's  man  Rumery,  Bray  Willkins,  Sam.  Willkins, 
Thom.  Wilkins,  Henry  Willkins,  Benjamin  Willkins,  Aron 
Way,  John  Gingell,  William  Way,  Thomas  Fuller,  Sam.  Ful- 
ler, Ben.  Fuller,  John  Sutherick,  Jonathan  Knight,  Peter  Pris- 
cott,  old  Benett,  Isak  Goodall,  Zacry  Goodall,  Lott  Cilam. 

Isrell  Webster  deposed  that  being  at  Mr.  Thomasis  house 
one  evening  with  many  others,  some  called  to  Mr.  Thomas 
but  he  would  not  salute.  Some  said  he  was  in  the  house  and 
some  said  he  was  not.  Mrs.  Thomas  said,  "hee  is  fast  enough 
in  his  corner  I  will  warant  an  old  knave:  it  would  bee  a  Good 
Deed  to  pull  him  out  by  the  Ears."  Sworn  before  Daniel 
Denison.f 

"louing  Father  lord  &  mother  this  is  (after  my  Duty  to  you) 
to  Intreat  you  to  Giue  John  Webster  of  Newbure  credebt 
six  shilings  &  charg  it  to  the  acount  of  your  Dutifull  sone 
June  y«  28:  1678.     Joseph  Willson."t 

Edward  Chapman  died  Apr,  18,  1678.  Copied  from  the 
Ipswich  deaths  by  Robert  Lord,t  recorder. 

"My  Mothers  testimony  my  father  was  not  at  home  and  in 
y^  night  mother  heerd  him  come  in  and  come  to  her  bed  talking 
with  her  to  perswade  her  to  rise  she  could  not  tell  who  it  was 
and  was  afraid  to  call  to  him.  dina  would  not  rise  and  then 
he  rose  up  and  went  awaie,"   etc.     Hannah   Rolfe  testified 

*  Autograph  and  seal.  t  Autograph. 


1679]  RECORDS   AND    FILES  161 

Jury  of  trials:  Mr.  Wm.  Symonds,  Corpll.  Jo.  Whipple, 
Symon  Stace,  Robert  Kinsman,  John  Brewer,  John  Addams, 
Nathaniell  Clarke,  Joseph  Plumer,  James  Smith,  Leonard 
Hariman,  Ezekill  Jewett  and  Georg  Abbott. 

John  Sewall,  Charles  Annis  and  John  Pengilla  took  the 
freemen's  oath. 

Ens.  John  Gould  and  Michaell  Dunill  v.  Joseph  Bixbe. 
Trespass.     Verdict  for  defendant.* 

that  he  brought  a  bottle  of  liquor.     Hanna  Whicer  testified. 

Fragment  of  a  sermon. 

*Y\'rit,  dated  Mar.  12,  1678-9,  signed  by  Robert  Lord,t 
for  the  court,  and  served  by  John  How,t  deputy  for  Robert 
Lord,t  marshal  of  Salem,  by  attachment  of  house  and  land 
of  defendant. 

Copy  of  papers  in  a  similar  action,  29  :  9  :  1670,  in  Salem 
court. 

Jacob  Town  and  Isack  Easty  deposed  that  they  went  with 
Goodman  Bigsbe  to  the  twenty-fifth  lot  by  record  and  he  cut 
down  some  small  sticks,  challenging  the  land  which  was  in 
the  possession  of  Micall  Donill.     Sworn  in  court. 

Francis  Pebody  and  John  Welds  testified  that  being  chosen 
by  the  town  to  lay  out  the  common  on  the  south  side  of  Ipswich 
river  according  to  town  order  in  1661  and  1664,  they  laid 
out  the  land  in  controversy  to  Edmund  Bridges.  Sworn  in 
court. 

John  How  testified  that  Ensign  Gould  took  possession  of 
the  25th  lot  when  possession  was  given,  etc.     Sworn  in  court. 

Danell  Black  testified  that  in  1661,  he  bought  "my  Brother 
edmon  bridges  house  and  Lande  in  topsfeld  upone  his  reamou- 
fell  to  weennome  wheare  hee  remained  aboute  1  yeere  in  which 
yeere  tyme  the  towne  entred  Danell  Blacke  a  Commener  and 
Filed  him  down  a  shearer  in  the  Commen  land  that  wase  to 
bee  diuided  upone  the  southe  side  of  the  rivefer  in  topsfeld." 
John  How  affirmed  the  same.     Sworn  in  court. 

Isacke  Easte  and  Jacob  Towne  testified.     Sworn  in  court. 

Copy  from  the  town  records  of  Topsfield,  made  Mar.  31, 
1678-9,  by  Frances  Pabodyif  "At  a  Lawful  Towne  meeting 
the  7  :  of  march  1664  It  was  then  agreed  that  all  the  Com- 
oners  in  the  Towne  ||  shall  ||  hauc  share  in  y''  Common  on 
y^  other  side  of  y^  Reiuer  with  the  Timber  which  is  to  bee 
deuided  according  to  the  rule  as  is  expressd  namely  that  they 
all  those  which  pay  to  y*"  ministers  Rate  made  in  y«  yeare 
1664  from  fifty  shilings  and  upward  shall  haue  one  of  y""  Great- 
ers  shares  and  fiftey  shilings  to  twenty  shall  haue  a  middell 

t  Autograph. 


162  IPSWICH    QUARTERLY    COURT  [Apr. 

share  and  under  twenty  shilings,  shall  haue  one  of  the  Least 
shares.  Now  these  are  the  Names  of  those  men  that  ware 
then  Rated  that  yeare  1664  and  there  seuerall  somes  as  thay 
are  in  that  Rate  and  Right  in  this  Land:  Zacheus  &  John 
Gould,  4h.  3s.  5d.;  Mr.  Tho.  Baker,  3H.  17s.  5d.;  Daniell 
Clarke,  Hi.  4s.  5d.;  Tho.  Dorman,  sr.,  31i.  3s.;  Francis  Pe- 
body,  41i.  5s.  2d.;  Deckon  Hovey,  Hi.  3s.  8d.;  Will.  Evenes, 
21i.  lis.;  Isacke  Cominges,  sr.,  13s.  8d.;  Isacke  Comings,  jr., 
Hi.  8s.;  Ensigne  Howlett,  Ih.  8s.  9d.;  Anthony  Carell,  lis. 
Id.;  Tho.  Perkins,  2h.  19s.  7d.;  Tho.  Browing,  lli.  6s.;  Tho. 
Auerell  &  Tho.  Hobes  on  mr.  Bradstreet  land,  lli.  3s.;  John 
Redington,  3h.  5s.  2d.;  John  Wilds,  Hi.  12s.  lOd.;  Will. 
Smith,  13s.  8d.;  Edmond  Bridges,  15s.  3d.;  Jacob  Townes, 
lli.  4s.  5d.;  Isacke  Estey,  19s.  6d.;  Will.  Townes  and  Joseph 
Townes,  lli.  8s.  5d.;  Edmond  Townes,  Ih.  8s.  9d.;  Mathu 
Standly,  15s.  8d.;  Will.  Nickles,  Hi.  12s.  9d.;  Mr.  Will.  Per- 
kins, 2H.  3s.  9d.;  Mr.  Endickot,  Hi.  2s.;  John  How,  19s.; 
Robard  Andraus,  12s.;    Francis  Bates,  9s. 

Copy  from  the  town  records  of  Topsfeeld,  made  Mar.  14, 
1678-9,  by  Frances  Pabody,*  clerk:  ''It  is  ordered  and  hereby 
they  are  Impowered  to  lay  out  fine  hun[dred]  acrees  of  land  on 
the  other  side  of  the  riuer  to  remaine  common  to  perpitueyty 
for  the  use  of  the  inhabitants  prouided  none  of  it  be  medow 
land     voted 

"It  is  furder  ordered  y*  the  aforesaid  fine  hundred  acres  of 
land  is  slated  to  the  Inhabitants  of  y"  Towne  excepting  En- 
signe Howlet  as  one  to  haue  a  share  in  the  said  not- 
withstanding any  former  order     voted 

"It  is  also  ordered  and  hereby  the  said  selectmen  are  im- 
powered to  deuide  the  other  part  of  the  common  both  medow 
&  upland  on  the  other  side  of  y^  riuer  into  thre  equall  deui- 
sions     Voted 

"The  names  of  the  commoners  that  shall  share  in  it:  Mr. 
Bradstreet,  Mr.  Perkins,  Zacheus  Gould,  Mr.  Baker,  Thomas 
Borman,  Frances  Pabody,  Willi.  Evens,  Daniel  Clark,  Isac 
Comings,  sr.,  Isac  Comings,  jr.,  Ensigne  Houlet,  Willi.  Smith, 
Frances  Bates,  Mr.  Endicoate,  John  Wiles,  John  Red- 
ington, Tho.  Perkins,  Thom.  Browning,  Jacob  Towne, 
Isaac  Estey,  Willi.  Towne,  Edmond  Towne,  Matthew 
Standly,  Anthony  Carell,  John  How,  Edmond  Bredges, 
Useltons  Lot,  Lumpkins  farme,  Robert  Andrews  land,  Willi. 
Nicholes     Voted." 

Copy  of  deed,  dated  Feb.  3,  1669,  given  by  Edmond  Bridges 
and  Sarah,  his  wife,  of  Salem,  to  Mr.  John  Rucke  of  Salem, 
vintner,  and  Joseph  Bigsbe  of  Rouly  Villidge,  carpenter,  two 
parcels  of  land  of  20  acres  each,  in  Topsfeilde,  one  in  the 
first  division,  the  twenty-fifth  lot,  lying  near  Wheele  brook, 

*  Autograph. 


1679]  RECORDS    AND    FILES  163 

Henry  Jaquis  v.  Henry  Ellis.     Verdict  for  defendant.* 
Selectmen   of   Andover   v.    Rich.   Sutton.     Verdict   for   de- 
fendant. 

Benjamin  Lowle  v.  Richard  Lowle  of  Newbury  and  Capt. 
Will.  Gerrish  of  Boston.  Verdict  for  plaintiff.  The  defendant 
was  to  give  an  account  or  true  inventory  of  the  estate  of 
Elizabeth  Lowle,  which  the  latter  had  received  of  Mrs.  An 
Miller,  12  :  10  :  1654,  to  the  next  Salem  court  or  to  pay  the 
plaintiff  15511.  Tristram  Coffin,  the  attorney,  appealed  to 
the    next    Court    of    Assistants.     Tristram    Coffin,    attorney, 

between  Francis  Payebody  and  John  House  lot;   the  other  the 
ninth  lot  in  the  second  division,  of  which  Sticky  meadow  is  a 
part,  between  Ensigne  Howlett  and   John   House    lot.     Wit 
John    Norman    and    Edward     Flint.     Acknowledged,    11  : 4 
1670,  before  William  Hathorne,  assistant.     Recorded,  12  :  4 

1670,  by  Hilliard  Veren,t  recorder.     Copy  made  by  Benja. 
Gerrish, t  cleric.     Verified  by  Steph.  Sewall,t  clerk. 

Copy  of  the  return  of  the  committee  to  a  Topsfield  town 
meeting  11  : 3  :  1669,  appointed  to  lay  out  land,  made  by 
Frances  Pabody,t  clerk. 

Deed,  1 1  dated  Dec.  9,  1670,  Edmond  Bridges§  to  John 
Gould,  witnessed  by  Walter  Fayerfieldf  and  Thomas  White. f 

*Writ:  Henry  Jaques  of  Newberry  v.  Henry  Ellis  of  Bos- 
ton; for  detaining  payment  for  the  building  of  his  house; 
dated  Feb.  17,  1678;  signed  by  Jo.  Woodbridge,t  commissioner; 
and  served  by  Returne  Waite,t  deputy  marshal  of  Boston  by 
attachment  of  dwelling  house  and  land  of  defendant. 

Richard  Jaquisf,  aged  twenty-one  years,  deposed  that 
five  or  six  years  since,  his  father  built  a  house  for  Henry  Ellis 
at  Boston  near  Mr.  Atkison's  house  and  made  two  great 
windows  in  the  front  of  the  house,  also  a  gable  end  in  the 
front  and  covered  all  the  outside  of  the  house  with  clapboards 
and  shingles.  They  laid  all  the  floors,  made  two  flights  of 
stairs,  a  closet  in  the  chamber,  with  partitions  to  the  rooms 
and  doors  to  the  same.  In  the  summer  his  father  raised  the 
frame  and  the  house  was  finished  before  the  winter  set  in, 
so  that  the  masons  did  not  have  to  wait  for  their  work.  They 
also   furnished   windows   for   every   room.     Sworn,    Mar.    31, 

1671,  before  Jo.  Woodbridge,t  commissioner. 

John  Atkinson,  aged  about  forty-three  years,  deposed  that 
Ellis'  wife  lived  in  the  house,  etc.  Sworn,  Apr.  1,  1679,  before 
Jo.  Woodbridge,t  commissioner. 

t  Autograph.  §  Autograph  and  seal.  ||  See  ante,  vol.  IV,  p.  294,  for  copy 
of  deed. 


164  IPSWICH    QUARTERLY    COURT  [Apr. 

with  John  Hale  and  John  Webster,  sr.,  as  sureties  were  bound.* 

*Benjamin  Lowle's  complaint  against  his  uncle  Lowle  and 
uncle  Gerish,  overseers  of  his  mother's  will. 

Answer  to  Benjamin  Lowle's  complaint,  by  Tristram 
Coffin, t  attorney. 

Margrit  Lowle,  aged  seventy-four  years,  testified  that  the 
cows  which  Nicklus  Noyes  testified  concerning  were  appraised 
and  put  into  the  inventory  under  the  name  of  debts  and  the 
tapestry  coverlid  with  several  other  things.  Sworn,  Nov.  23, 
1678,  before  Jo.  Woodbridge,t  commissioner. 

Stephen  Grenleife,  aged  about  fifty  years,  testified  that  he 
bought  of  Mr.  Richard  Lowle  nine  acres  of  land  in  the  field  of 
exchange  land  beyond  the  new  town,  which  cost  him  eleven 
pounds.  Sworn,  Mar.  27,  1679,  before  Jo.  Woodbridge,t 
commissioner. 

Letter  of  attorney,  dated  Mar.  19,  1678-9,  given  by  Richard 
Lowle, §  who  on  account  of  bodily  infirmity  was  not  able  to 
attend  court,  to  Tristram  Coffin  of  Newberry,  Wit:  Tho. 
Halef  and  lucres  Pilsberry.f  Acknowledged,  Mar.  19, 
1678-9,  before  Jo.  Woodbridge,t  commissioner. 

Letter  of  attorney,  dated  Mar.  6,  1678-9,  given  by  Wm. 
Gerrish,§  sr.,  of  Boston  to  Tristram  Coffine  of  Newbury.  Wit, 
Peter  Brackettf  and  Ann  Paine. f  Acknowledged,  6:1:  1679: 
before  Tho.  Danforth,t  assistant. 

Writ,  dated  Feb.  25,  1678,  signed  by  Anthony  Somerby,! 
for  the  court,  and  served  by  Returne  Waite,t  deputy  marshal 
of  Boston.     Bonds  of  Wm.  Gerrishf  and  Richard  Lowle. f 

Copy  of  order  of  the  General  Court,  dated  May  26,  1682, 
renewing  and  confirming  administration  of  the  estate  of 
Elizabeth  Goodale,  formerly  granted  to  Abraham  Toppan 
and  Elizabeth  Lowle.  Said  Toppan,  in  right  of  his  wife,  and 
Thomas  Millard  and  Richard  Lowle,  overseers  of  the  will  of 
Elizabeth  Lowle  petitioned,  "that  as  this  honored  Court  on 
there  petition,  in  the  yeare  :  1647  :  did  grant  unto  the  saide 
Abraham  Toppan,  in  right  of  Susan  his  wife,  and  to  Elizabeth 
Lowle  execcutrix  to  the  estate  of  her  husband  John  Lowle 
power  of  Administration;  to  the  estate  of  Elizabeth  Goodale 
there  mother  amounting  as  per  inventory  to  the  valine  of 
one  hundred  ninety  one  pounds  odd  money  exceptinge  some 
goods  which  amounted  to  thirtie  pounds,  or  thereabouts, 
which  this  court  reserued  liberty  to  John  Goodale  any  time 
within  thre  years,  to  make  challenge  there  unto,  from  that 
time,  so  now  that  time  beinge  expired,  and  no  record  found 
of  the  Courts  grant,  that  this  court  would  be  pleased  soe  to 
order  it,  that  the  grant  aboue  mentioned,  may  be  entred  in 
the  Court  records,  and  stand  firm  to  all  intents,  as  if  it  had 

t  Autograph.  §  Autograph  and  seal. 


1679]  RECORDS    AND    FILES  165 

Joseph  Quilter,  administrator  of  the  estate  of  Marke  Quilter 
V.  John  Wild.  Debt.  Verdict  for  plaintiff.  Appealed  to  the 
next  Court  of  Assistants.  John  Wild,  with  John  Newmarsh 
and  John  Gould,  as  sureties,  were  bound. 

Nathaniell  Putman  v.  John  Hibbert.  Appeal  from  a  judg- 
ment of  the  Salem  commissioners.  Verdict  for  defendant, 
confirmation  of  the  former  judgment.* 

been  entred  at  the  time  aboue  mentioned,  the  grant  aboue 
mentioned  beinge  fresh  in  the  remembrance  of  the  present 
secretary  and  seuerall  deputies."  Copy  made  by  Edw.  Raw- 
son, f  secretary. 

Ann  Hills,  aged  fifty-eight  years,  testified  that  she  heard 
Mistriss  Elizabeth  Lowle  desire  Mr.  Thomas  Millar  to  take 
care  of  her  son  Benjamen  Lowle  after  her  decease.  Sworn, 
Mar.  22,  1678-9,  before  Jo.  Woodbridge,t  commissioner. 

Benjamin  Lowle's  bill  of  cost,  31i.  15s. 

Henirey  Jaquich,  aged  about  sixty  years,  testified  that  he 
hired  of  Mr.  Richard  Lowle  ten  pounds  for  two  years,  and 
paid  him  interest  2s.  to  the  pound,  which  he  told  him  was 
the  children's  estate.  This  was  about  eighteen  or  twenty 
years  since.  Sworn,  Mar.  28,  1679,  before  Jo.  Woodbridge,t 
commissioner. 

Edward  Richason,  aged  about  sixty  years,  testified  that 
ho  hired  of  Mrs.  Millor  three  pounds  and  paid  2s.  in  the  pound 
to  her  and  Mr.  Lowle  until  court  ordered  that  five  groats  in 
the  pound  should  be  allowed  and  no  more.  Sworn,  Mar.  27, 
1679,  b3fore  Jo.  Woodbridge,t  commissioner. 

Nickelous  Noyes,  aged  sixty-three  years,  deposed  that 
he  helped  appraise  the  goods  of  Mrs.  Elizabeth  Lowle  and 
Mr.  Thomas  Millar  and  Abraham  Toppan  showed  the  goods 
to  him,  Capt.  Gerrish  and  Mr.  Lowle  being  there,  etc.  Sworn, 
Mar.  31,  1679,  before  Jo.  Woodbridge,t  commissioner. 

Copy  of  inventory*  of  the  estate  of  Elizabeth  Goodall  of 
Yarmouth,  old  England,  widow,  taken  Mar.  27,  1647,  by 
Edward  Rawson,  Henry  Short  and  Rich.  Knight.  Copy 
made  from  Suffolk  records  by  Isa.  Addington,t  cleric. 

Copy  of  inventory^  of  John  Lowle,  taken  June  last,  1647. 
Copy  made  by  Isa.  Addington,t  cleric. 

*John  Hibbert's  bill  of  cost,  14s. 

Nathanel  Putnam'sf  reasons  of  appeal. 

*For  abstract  of  inventory,  see  printed  Probate  Records  of  Essex  County, 
vol.  2,  p.  447. 
t  Autograph. 

JFor  abstract  of  inventory,  see  printed  Probate  Records  of  Essex  County, 
vol.  1,  p.  67. 


166  IPSWICH    QUARTERLY    COURT  [Apr. 

John  Hibbert's*  answer  to  Nathanell  Putnam's  reasons  of 
appeal. 

From  the  files  of  the  Salem  Commissioner's  court,  Dec.  3,  1678: 

Writ:  John  Hibbert  v.  Nathaniel  Putnam;  for  carrying  away  a  parcel  of 
timber  without  consent  of  said  Hibbert;  dated  27:9:1678;  signed  by 
HiUiard  Veren,*  for  the  court;  and  served  by  Henry  Skerry,  jr.,*  deputy 
for  Henry  Skerry,*  marshal  of  Salem. 

John  Hibbert's  bill  of  cost,  Ih.  10s.  lOd. 

Zerobabel  Endecott*  certified  that  the  timber  which  Nathaniel  Puttnam 
"did  fetch  away  was  that  which  John  Hibbert  did  cutt  off  my  land,  &  workd 
upon  by  order  or  agreement  from  myselfe,  &  upon  that  account  I  giue  him 
full  power  to  sue  in  my  behalfe." 

Nathaniell  Putnam's  bill  of  cost,  14s.  lOd. 

"The  23  :  10  ™°  :  1639.  Granted  to  m'"  Jn°  Endicot  aU  that  Swampe  that 
runneth  in  the  line  of  his  farme  next  to  Goodm  Chickerins  &  of  the  other 
side  to  the  land  that  is  laid  out  in  small  lots  sometimes  m""  Batters."  Copy 
made,  3  :  10  :  1678,  from  the  Salem  town  book  of  records  by  Jno.  Higgin- 
son,*  recorder  to  the  selectmen. 

Job  Swinerton*  and  Israeli  Porter*  certified  that  they  upon  request  of 
NathanieU  Putnam,  measured  a  piece  of  land  that  was  laid  out  to  Goodman 
Gigles,  2  :  10  :  1678,  and  "interfering  upon  Antone  Nedom,"  and  found  it 
97,  27,  80  and  64  poles  on  the  four  sides,  containing  about  twenty-three 
acres.     Sworn  in  court. 

Richd.  (his  mark)  Lech,  Fr.  (his  mark)  Nurse,  Jno.  Pickering,  Israeli 
Porter  and  Jno.  Hathorne,  a  committee  chosen  by  the  town  to  settle  a  com- 
plaint of  wrong  done  by  Nathaniel  Putnam  in  taking  the  town  common  or 
claiming  the  same,  reported  that  they  went  up  there,  24  :  11  :  1677-8,  and 
found  that  the  land  claimed  by  liim  was  much  more  than  his  original  grant 
or  that  tract  which  by  bounds  was  laid  out  to  him  for  Goodman  Jegles. 
Nathaniell  Putnam  promised  to  abide  by  their  decision  and  they  proceeded 
to  lay  out  to  him  20  poles  more  than  was  formerly  upon  the  southerly  side 
of  his  original  bounds  as  far  as  that  tract  would  bear  that  breadth  and  angle 
besides,  to  the  black  oak  of  Mr.  Downing's.  Copy  made,  3  :  10  :  1678,  by 
Jno.  Higginson,*  recorder  to  Salem  selectmen. 

Deed,  dated  7  :  12  :  1658,  given  by  WiUiam  (his  mark)  Giggles,  sr.,  of 
Salem,  carpenter,  to  Nathaniel  Puttnam  of  Salem,  farmer,  of  fifty  acres 
of  upland  and  two  and  one-half  acres  of  meadow  in  Salem,  "the  upland 
bordering  on  y'^  North  side  upon  y''  land  of  Job  Swinerton  of  Salem,  &  upon 
y®  South  side  on  y**  land  of  Nathaniel  Felton  &  m''  Emman:  downeing,  & 
haueing  the  land  of  M'  John  Endicott  junior,  on  y'^  East,  &  the  land  of  Isaak 
Bacon  on  y^  west.  The  Meadow  lying  among  y^  fifty  Acres  granted  to  the 
Eleuen  Hundred  acres  of  upland."  Wit:  Walter  Price*  and  Edw.  Norice, 
jr.*  Acknowledged,  7  :  12  :  1658,  before  Wm.  Hathorne.*  Recorded  in 
Salem  records,  page  51,  by  HiUiard  Veren,*  recorder. 

Samll.  Frayle,  aged  twenty-seven  years,  and  Steven  Smal,  aged  about 
twenty-two  years,  deposed  that  being  desired  by  John  Hibberd  to  go  with 
him  to  Nathaniel  Putnam,  who  had  carried  away  his  timber  that  he  had 
cut  by  Mr.  Endecot's  order  in  the  mirey  swamp,  they  judged  the  work  done 
on  it  by  cutting,  squaring  and  framing  to  be  worth  three  pounds.  Sworn 
in  coiu-t. 

Willyam  Osburne,  aged  about  thirty-three  years,  deposed.     Sworn  in  court. 

SamU.  Frayle,  aged  twenty-seven  years,  and  Steven  Smal,  aged  about 
twenty-two  years,  deposed  that  they  went  with  John  Hibbert  to  Nathaniel 
Putnam's  house.  They  overtook  Thomas  Ferman  and  said  Putnam's  son, 
and  they  saw  the  timber  on  Putnam's  land  near  his  dwelling  house.  Sworn 
in  court. 

*  Autograph. 


1679]  RECORDS    AND    FILES  167 

Robert  Dutch  v.  George  Carr.     Verdict  for  defendant.* 

*Writ:  Robert  Dutch,  sr.,  of  Ipswich  v.  George  Carr,  jr. 
of  Amesbury;  for  not  performing  an  engagement,  dated 
Dec.  21,  1677,  concerning  the  vessel  which  WiUiam  Carr, 
brother  to  said  George  Carr,  agreed  to  build  for  said  Dutch; 
dated  Feb.  14,  1678;  signed  by  Robert  Lord,t  for  the  town 
of  Ipswich;   and  served  by  Robert  Lord,t  marshal  of  Ipswich. 

George  Carr's  bill  of  cost.  Hi.  6d. 

John  Severance  and  Susannah  Severans  deposed.  Sworn, 
Mar.  24,  1678-9,  before  Jo.  Woodbridge,t  commissioner. 

William  Carr'sf  receipt,  dated  20  : 4  :  1678,  to  Daniell 
Peirc,  for  41i.  in  money  for  the  use  of  Robert  Dutch  of  Ipswich. 
Wit:    Robert  Hastingsf  and  Henry  Jaques.f 

Richard  Hubbard,  aged  forty-five  years,  deposed  that 
Robert  Dutch  desired  him  to  find  the  iron  work  for  the  vessel 
and  he  never  denied  Wm.  Carre  any  iron  until  the  beginning 
of  March.  Sworn,  Mar.  18,  1678-9,  before  Jo.  Woodbridge,t 
commissioner. 

John  Dutch  and  Samuell  Dutch  deposed  that  a  vessel  of 
twenty-five  tons  was  worth  six  pounds  per  month,  etc.  Sworn 
in  court. 

Thomas  Norman,  aged  about  thirty-eight  years,  testified 
that  he  being  in  company  with  Mr.  John  Ankquati,  the  latter 
asked  if  Robert  Dutches  vessel  were  built,  for  he  was  to  be  a 
partner  with  Dutch  and  would  supply  him  with  what  money 
and  goods  he  wanted  to  carry.     Sworn  in  court. 

Edmund  Marshall,  aged  about  twenty-nine  years,  testified 
that  he  surveyed  the  ketch,  which  was  then  two-thirds  built 
and  found  some  of  the  work  to  be  defective,  as  a  timber  and 
plank,  which  Carr  promised  to  take  out.  The  floor  also  was 
not  proportionate  to  a  vessel  of  that  burden.  Sworn,  Mar.  18, 
1678-9,  before  Jo.  Woodbridge,t  commissioner. 

David  Benite  deposed  that  having  passed  over  the  ferry 
at  Salsbury,  he  met  George  Car,  jr.,  who  said  that  his  brother 
William  Carr  agreed  to  build  the  vessel  according  to  true  rule, 
art  and  covenant.     Sworn  in  court. 

John  Felton,  aged  about  thirty-two  years,  testified.     Sworn  in  court. 

John  Putnam,  jr.,  and  Thomas  Furman,  aged  about  forty  years,  deposed 
that  they  carried  away  the  timber  in  two  loads,  with  four  oxen  in  one  team 
and  two  oxen  and  a  horse  in  the  other  cart.  The  framing  that  was  done 
was  two  pair  "of  prinseples  and  tow  hemes  Caked  downe."     Sworn  in  court. 

John  Putnam,  jr.,  aged  twenty-two  years,  and  Thomas  Farman,  aged 
forty  years,  deposed.     Sworn  in  com-t. 

John  Putnam,  sr.,  aged  about  fifty  years,  deposed.     Sworn  in  court. 

Jonathan  Walkut,  aged  about  thirty-nine  years,  testified  that  he  saw 
John  Hibbert  working  on  the  timber  near  the  edge  of  the  mirey  swamp, 
framing  part  of  a  roof  for  a  house.     Sworn  in  court. 

t  Autograph. 


168  IPSWICH    QUARTERLY    COURT  [Apr. 

Wm.  Carre,  aged  about  thirty  years,  testified  that  his 
brother  George  refused  to  join  in  the  covenant,  as  he  had  so 
many  other  engagements.  Sworn,  Mar.  17,  1678-9,  before 
Jo.  Woodbridge,*  commissioner. 

Robert  Lord,  marshal,  and  Stephen  Cross  deposed  that  it 
was  agreed  that  the  vessel  should  be  built  according  to  true 
rule  and  art,  etc.  Sworn  by  Cross,  Feb.  5,  1678,  before  Daniel 
Denison,*  and  by  Lord,  Feb.  24,  1678,  before  Daniel  Denison.* 

Agreement,  dated  Dec.  21,  1677,  between  Robert  (his  mark) 
Dutch  of  Ipswich,  mariner,  and  William  Carr*  of  Salisbury, 
shipwright,  concerning  the  building  of  a  pink  stern  ketch. 
Said  Carr  agreed  to  build  for  Dutch  "a  good  &  substantial! 
Ketch  to  bee  in  length  by  y*^  keele  thirty  fower  foot  in  breadth 
twelve  foot  by  y^  beame  &  six  foot  deep  in  y^  hold  to  bee 
every  waj^  shipshapen.  The  said  ketch  to  bee  built  w**^  two 
inch  white  oake  planke  to  y^  uppr.  wale,  &  w*^  inch  &  halfe 
white  oake  plank  upward,  &  to  bee  seiled  fore  &  aft  w*^  y® 
like  condicond  two  inch  planke:  To  lay  her  deck  w*^  good 
two  inch  pine  plank:  the  fore  Castle  to  bee  raisd  twelue  Inches 
&  y«  cabin  abaft  to  bee  raised  two  foot  w***  scuttles  &  hatches 
sutable  &  to  doe  &  compleat  all  builders  worke  to  a  cleat: 
to  fitt  her  with  all  y^  masts  &  yards  &  to  calke  &  lanche  y« 
sd  ketch  by  y"^  last  day  of  August  next  ensuing  y  date  hereof: 
For  &  in  Consideracon  of  all  w^"^  y«  abousd  p'-misses  to  bee 
pformed  &  done  as  aforesd."  Carr  was  to  be  paid  at  the 
rate  of  31i.  5s.  per  ton,  to  be  reckoned  according  to  common 
account,  at  three  several  payments,  one-third  in  currant 
New  England  money,  one-third  in  provisions,  two  barrels  of 
pork  and  two  barrels  of  beef,  and  the  other  third  in  English 
goods,  to  be  delivered  at  said  Dutches  house  at  Ipswich; 
the  first  payment  was  to  be  after  raising  the  vessel,  the  second 
at  the  bringing  of  her  upper  wale,  and  the  last  at  the  launching 
and  finishing.  Dutch  was  to  provide  all  iron  work,  Carr 
agreeing  to  give  the  smith  seasonable  warning,  the  work  to  be 
done  at  Nubery  or  Salesbury,  and  he  was  also  to  find  five 
small  Plymouth  barrels  of  tar  at  10s.  per  barrel  and  three 
hundred  weight  of  okum  at  3d.  per  pound  to  be  deducted 
out  of  the  provision  part.  Wit:  Tho.  Bradbury*  and  George 
Carr,  jr.*  Sworn,  Mar.  18,  1678,  before  Jo. '  Woodbridge,* 
commissioner. 

William  Carr's  account  of  what  he  had  of  Robert  Dutch 
in  1677:  At  Mr.  Frances  Wanright's  on  Jan.  3,  1677,  41i.  12s. 
6d.;  Mar.  7,  1678,  21i.  18s.  2d.;  to  goods,  41i.  15s.;  June  18, 
to  goods,  41i.  lis.  7d.;  at  Mr.  John  Wainright's  in  May,  1678, 
31i.  9s.  7  l-2d.  To  goods  delivered  myself  to  said  Carr  :  on 
3  :  11  :  1677,  4  pound  of  cassel  sope,  5s.;  1  1-2  yd.  kenting, 
6s.;    1  quarter  of  a  thousand  of  pins,  5d.;    on  3  :  1  :  1678,  to 

*  Autograph. 


1679]  RECORDS    AND    FILES  169 

John  Dutch,  assignee  of  Mr.  Tho.  Woodbridge  v.  Wm. 
Carr.     Debt.     Verdict  for  plaintiff.* 

Daniell  Wicom  v.  Capt.  John  Johnson,  Ezekiell  Northend 

goods  paid  by  Mr.  Thomas  Wodbraig,  Hi.  9s.  4d.;  on  1  :  2  : 
1678,  1  pare  of  frinch  fale  shoose,  8s.;  on  10  :  3  :  1678,  to  9 
bushels  and  a  halfe  of  Indin  Corne,  Hi.  8s.  6d.;  to  2  1-2  bush, 
of  rye,  10s.;  to  1  line,  3s.;  to  1  barell  of  porke  and  63  pound 
of  porke,  51i.  Is.  2d.;  to  6  yards  of  canvis,  15s.;  1  hat,  15s.; 
1  bush,  of  wheat,  9s.;  1  galin  of  roome,  5s.;  to  5  barells  of 
tarr,  5s.;  1  pare  of  frinch  fall  shoouse,  8s.  What  money  I 
have  paid  to  this  said  Carr:  to  1  hate  and  ribbin  in  moni, 
9s.;  to  6  pence  to  Mr.  Bradbary,  6d.;  6  :  12  :  1677,  to  quarter- 
master Pourkines,  21i.;  6  :  12  :  1677,  to  moni  sent  by  Samuell 
Savaranc,  10s.;  29  :  1  :  1678,  to  moni  paid  to  Hugh  March, 
5s.;  30  :  1  :  1678,  to  moni  paid  to  Mr.  Thomas  Woodbredg, 
21i.  10s.;  10  :  3  :  1678,  to  moni  he  had  of  me,  21i. ;  paid  for 
him  to  Goodwife  Hassen,  2s.  6d.;  paid  by  Mr.  Benit,  41i.; 
paid  to  the  smith  in  monis  to  Richard  Hubard,  31i.  4s.,  which 
is  for  Iron  worke  said  Carr  has  had  for  his  use.  Sworn  by 
Robert  Dutch  in  court. 

December,  1677,  and  May,  1678,  Richard  Hubbard'sf 
receipt  for  94  pounds  of  spikes  and  48  pounds  of  bolts. 

Receipt,  dated  May  10,  1678,  given  by  William  Carrf  to 
Robert  Dutch,  sr.,  for  9  1-2  bush,  of  Indian  corn,  2  1-2  bush, 
of  rye,  one  line  three  shillings  by  John  Wanright,  3  pounds 
one  barrel  of  pork  and  63  1-2  pounds  of  pork,  total,  51i.  Is.  2d., 
and  two  pounds  of  money,  six  yards  of  canvas,  one  hat,  9 
shillings,  one  bushel  of  wheat,  5s.,  and  one  gallon  of  rum,  5s. 

*Writ:  John  Dutch,  assignee  of  Robert  Dutch  v.  William 
Carr,  debt,  for  a  bill  made  to  Mr.  Thomas  Woodbridge  and 
made  over  to  Robert  Dutch;  dated  Dec.  23,  1678;  signed 
by  Robert  Lord,t  clerk  to  the  town  of  Ipswich;  and  served 
by  Onesephoris  Page,t  constable  of  Salisbury.  Bond  of  John 
Stockmanf  and  John  Allin.f 

John  Dutch's  bill  of  cost,  21i.  Is.  lOd. 

Bond,  dated  Nov.,  1676,  given  by  William  Carrf  of  Sals- 
bury  to  Thomas  Woodbridge  of  Newbery,  for  211i.  2s.  5d. 
to  be  paid  in  boards  or  white  oak  pipestaves.  Wit:  Steven 
Swettf  and  Thomas  Crosbie.f  Sworn  by  Crosby,  Oct.  2, 
1678,  before  Jo.  Woodbridge,!  commissioner,  and  owned  by 
Carr  in  court.  On  Aug.  24,  1678,  Tho.  Woodbridgef  assigned 
this  bill  to  Mr.  Robert  Dutch.  Wit:  Timothy  Woodbridgef 
and  Joseph  Pike.f  On  Dec.  23,  1678,  Robert  (his  mark) 
Dutch  assigned  it  to  John  Dutch.  Wit:  Robert  Lord,  sr.,t 
and  Nathaniel  Lord.f 

t  Autograph. 


170  IPSWICH    QUARTERLY    COURT  [Apr. 

and  Ezekiell  Mighill,  as  townsmen,  in  behalf  of  the  town. 
Withdrawn. 

John  Jewett  v.  John  Comings.     Debt.     Withdrawn. 

Samuell  Pippen  v.  Benjamin  Marshall.  Appeal  from  a 
judgment  before  Major  Genii.  Denison,  Esq.,  Jan.  9,  1678. 
Verdict  for  defendant,  confirmation  of  the  former  judgment.* 

*Copy  of  papers  in  this  action  tried  before  Maj.  Denison, 
made  by  Daniel  Denison  if 

Writ:  Benjamin  Marshal  v.  Samll.  Pippen;  trespass;  for 
selling  or  disposing  of  three  or  four  pine  trees  to  William 
Tompson,  which  trees  were  taken  off  land  that  Samll.  Cogs- 
wel,  deceased,  leased  to  said  Pippen,  the  latter  having  no 
right  by  lease,  which  lease  is  assigned  to  said  Marshal,  who 
had  purchased  the  land  for  a  thousand  years;  dated  1  :  11  : 
1678;  signed  by  Robert  Lord,t  cleric,  for  the  town  of  Ipswich; 
and  served  by  Robert  Lord,t  marshal,  by  attachment  of  a 
parcel  of  barley  and  his  horse. 

Judgment  for  plaintiff,  the  defendant  appealing  to  the 
next  Ipswich  court,  with  Samll.  Gittins  and  William  Tompson 
as  sureties. 

Benjamin  Marshal's  bill  of  cost.  Hi.  7s.  lOd. 

Samll.  Gittins  and  John  Chub  testified  that  Samll.  Pippen 
told  them  that  he  would  cut  down  and  dispose  of  all  the  tim- 
ber that  was  good  for  anything  upon  the  farm  he  had  hired 
of  Samll.  Cogswel.  Sworn,  Jan.  9,  1678,  before  Daniel 
Denison. t 

Edward  Cogswel,  aged  about  twenty-four  years,  and  Willm. 
Cogswel,  aged  about  nineteen  years,  deposed  that  some  time 
about  the  breaking  up  of  last  winter,  they  sledded  the  logs 
that  came  of  four  pine  trees  for  Mr.  William  Tompson,  which 
grew  in  a  very  miry,  wet  swamp,  which  was  not  fit  to  plant 
corn  in.  The  trees  made  eleven  logs.  Sworn,  Jan.  9,  1678, 
before  Daniel  Denison. j 

William  Tompson,  aged  about  twenty-nine  years,  deposed 
that  ten  of  the  logs  were  thirteen  or  fourteen  feet  long,  etc. 
Sworn,  Jan.  9,  1678,  before  Daniel  Denison. f 

Henry  Swet,  aged  about  twenty-two  years,  deposed  that 
his  master,  William  Tompson,  etc.  Sworn,  Jan.  9,  1678, 
before  Daniel  Denison. f 

Lease,  dated  Dec.  6,  1673,  given  by  Samll.  Cogswel  of 
Ipswich  to  Samuel  Pippen  of  Ipswich,  husbandman,  300 
acres  of  land  with  a  farm  upon  it,  with  the  trees  and  timber, 
lying  on  the  south  side  of  Chebacco  river  in  Ipsv/ich,  for  ten 
years;  he  was  to  pay  42s.  yearly  for  four  years,  and  lOli. 
yearly  for  the  remaining  six  years,  in  pork,  beef,  butter,  cheese, 

t  Autograph. 


1679]  RECORDS    AND    FILES  171 

Walter  Fairefield,  executor  of  the  estate  of  John  Soolart 
V.  Ezekiell  Woodward.     Withdrawn. 

Henry  Bennett  v.  John  Graves.  Debt.  Defendant  pleaded 
a  nonsuit  because  the  date  of  the  lease  was  not  in  the  attach- 
ment, but  court  allowed  the  case  to  proceed,  and  defendant 
appealed.     Withdrawn. 

John  Staniford  v.  John  Graves.  Debt.  Verdict  for  plain- 
tiff, in  wheat  and  malt.* 

Edward  Phelps  v.  Mary  Kimball,  administratrix  of  the 
estate  of  Thomas  Kimball.  Debt.  For  work.  Verdict  for 
plaintiff.f 

Mr.  Thomas  Walter  and  Richard  Middlecut  v.  Mr.  John 
Giffard.  Verdict  for  plaintiff.  Forfeiture  of  the  bond  of 
2,0001i.  of  good  and  lawful  money  of  England. J 

wheat,  malt  or  Indian;  he  was  to  have  what  timber  he  needed 
for  finishing  the  house,  building  a  barn  and  other  housing  for 
cattle,  also  for  firing  and  fencing;  what  land  he  cleared  for 
corn,  he  was  to  be  allowed  to  carry  the  corn  away  for  his  use, 
and  was  also  to  be  allowed  for  the  buildings  he  erected  during 
the  term  of  the  lease.  Wit:  James  Chute  and  Thomas  Den- 
nis. On  Jan.  25,  1674,  Samuel  Cogswel  assigned  this  lease 
to  his  brother  John  Cogswel.  Wit:  Samuel  Graves  and 
Joseph  Lee.  On  Dec.  1,  1677,  John  Cogswel  assigned  it  to 
Benjamin  Marshal.  Wit:  Philip  Fowler  and  William  Goodhue, 
jr.  Recorded,  Jan.  30,  1677,  among  the  records  of  lands  for 
Essex  at  Ipswich,  book  4,  page  125,  by  Robert  Lord,§  recorder. 

Samuell  Pipen's§  reasons  of  appeal,  received  Tuesday, 
Mar.  20,  at  about  four  o'clock  by  Daniel  Denison.§ 

Benjamin  Marshairs§  answer  to  Samuell  Pipen's  reasons 
of  appeal. 

*Writ,  dated  Mar.  11,  1678,  signed  by  Robert  Lord,§  for 
the  court,  and  served  by  Thomas  Knowlton,§  deputy  for 
Robert  Lord,§  marshal. 

John  Graves  Dr.  to  Jno.  Staniford,  June  3,  1678,  due  upon 
account,  31i.  15s.  9d.;  delivered  since  in  goods.  Hi.  9d.;  total, 
41i.  16s.  6d.;   Cr.  per  contra,  6s.;   rest  due,  4H.  10s.  6d. 

John  Stamford's  bill  of  cost,  17s.  6d.; 

fEdward  Phelps'  bill  of  cost,  21i.  16s.  6d. 

JWrit:  Thomas  Wallter  of  Yonghall  in  Ireland,  merchant, 
now  resident  of  Boston,  and  Richard  Midelcut  of  Boston, 
merchant,  attorneys  for  John  Wright  of  Ritsbridg,  in  the 
county  of  Essex,  Esq.,  John  Williams  of  Bristoll,  merchant, 
Kattern  Eatton  of  London,  widow,  executrix  of  her  son  John 

§  Autograph. 


172  IPSWICH    QUARTERLY    COURT  [Apr. 

Eatton  of  London,  mercer,  deceased,  and  John  Dodsworth  of 
London,  haberdasher,  assignee  of  John  Wright  of  Ritsbridg, 
administrator  of  the  estate  of  Francis  Allin,  late  of  London, 
gentleman,  deceased,  v.  John  Gilford;  for  2,000U.,  for  not 
keeping  articles  of  agreement  made  between  said  Giffard  on 
one  part  and  Richard  Combe,  knight,  John  Wright,  Francis 
Allin,  John  Godfry,  John  Williams,  John  Eaton  and  Esseakel 
Fogg,  on  the  other  part,  dated  Mar,  10,  1678-9;  signed  by 
John  Fuller,*  for  the  town  of  Lyn;  and  served  by  Jon.  Witt,* 
constable  of  Lyn,  by  attachment  of  a  coal  heap,  two  swine, 
a  load  of  hay  and  a  calf,  and  the  land  of  all  the  farm  houses, 
etc.,  and  who  left  the  summons  with  Gifford's  wife. 

Bill  of  cost  of  Jno.  Frayd,  attorney  to  Mr.  Thomas  Wallter, 
for  ye  bond  and  melting  the  wax  and  attesting  it,  etc.,  81i.  6s 
6d. 

"To  all  that  shall  see  these  presents  or  heare  them  to  be 
read  sir  Joseph  Sheldon,  Knight,  Lord  Mayor  and  the  Alder- 
men or  senators  of  the  cittie  of  London  send  greeting  Know 
yee  that  on  the  day  of  the  date  heerof ,  In  the  Kings  maiestires 
court,  holden  before  us  in  the  chamber  of  the  Guildhall  of  the 
said  cittie  psonally  came  and  appeared,  Richard  Stonhill  of 
London  notary  publick,  Aged  twenty  eight  years  or  there- 
about, being  a  pson  well  knowne  and  worthy  of  good  faith  and 
credit.  And  did  by  his  solemn  oath  which  he  tooke  upon  the 
holy  Evangelists  of  Almighty  God  Att  the  Instance  and 
request  of  John  Wright  of  Wrightsbridge,  in  the  county  of 
Essex  Esquire,"  deposed  that  he  saw  John  Gifford  of  New 
England,  merchant,  and  Ezekiell  Fogg,  of  London,  merchant 
sign  the  bond,  dated  June  1,  1673;  dated  London,  Oct.  25,  1676; 
and  signed  by  Wagstaffe.  Copy  made  by  Robert  Lord,* 
cleric. 

Bonds  of  John  Gifford  and  Ezekiell  Fogg.  Wit:  Richard 
Stonehill  and  Wm.  Renold.  Copy  made  by  Robert  Lord,* 
cleric. 

Letter  of  attorney,  dated  Oct.  25,  1676,  given  by  John 
Wright  of  Wrightsbridge,  Essex,  to  Thomas  Walter  of  Yong- 
hall,  in  the  Kingdom  of  Ireland,  merchant,  and  Richard 
Medillcott  of  Boston,  merchant,  for  the  use  of  John  Williams 
of  Bristoll,  merchant,  Katherine  Eaton,  widow,  executrix  of 
her  son  John  Eaton,  late  of  London  and  John  Dodsworth  of 
London,  haberdasher,  in  actions  concerning  certain  Iron  works 
in  New  England.  Wit:  John  Hackman  and  Tho.  Brooke. 
Acknowledged  before  Rich.  Stonehill,  notary  public.  Copy 
made  by  Robert  Lord,*  cleric. 

Letter  of  attorney,  dated  Mar.  13,  1678,  given  by  Thomas 
Walter  of  Yonghall  in  the  Kingdom  of  Ireland,  now  resident 
in  Boston,  New  England,  merchant,  attorney  to  John  Wright 

*  Autograph. 


1679]  RECORDS    AND    FILES  173 

of  Wrights  Bridge,  Essex,  England,  Esq.,  Katherine  Eaton, 
and  John  Dodsworth.  Wit:  William  Gilbert  and  John  Hay- 
ward,  scribe.  Acknowledged  before  Edward  Ting,  assistant. 
Cop3''  made  by  Robert  Lord,*  cleric. 

Agreement,  dated  Aug.  2,  1673,  between  Mr.  John  Gifford 
and  Mr.  Ezekiell  Fogg,  as  agents  and  members  of  the  company 
of  the  Iron  works,  signed  by  Richd.  Combe,  John  Wright, 
John  Bulteell,  Francis  AUin,  John  Williams,  John  Gifford, 
Ezekiell  Fogg,  John  Eaton  and  John  Godfrey:  "1.  That 
you  haue  a  due  respect  to  ou'"  Generall  Articles  whereunto 
you  both  are  pties.  2.  We  heare  with  psent  a^ou  with  bills 
of  lading  and  factory  acco"^  of  English  marchandizes  to  the 
neat  import  of  fifteen  hundred  Eighty  Eight  pounds  twelue 
shillings  star:  in  such  Commodities  as  wee  hope  will  proue 
fitt  for  the  marketts,  w^'^^  goods  and  bills  are  consigned  to  you 
M''  Ezekiel  Fogg  in  pticular  vnder  the  following  restrictions. 
And  in  yo''  absence  or  in  case  of  mortallity  to  M""  David  Fogg 
yo''  Bro''  whom  we  nominate  yo"^  assistant  till  the  settlement 
of  ou""  affaires  and  pformance  of  Couenants  by  m''  Gifford  but 
subject  To  the  same  restrictions.  3.  Soe  soone  as  you 
shall  arriue  in  new  England  you  are  to  secure  the  said  stocke 
and  marchandice  or  to  sell  itt  to  the  best  aduantage  for  the 
benefitt  of  the  Comp''  and  the  same  togather  with  all  pfitts 
you  are  nott  any  w^ay,  to  Imploy  or  dispose  but  according 
to  orders  by  m''  John  Wright  ou^  superintendant  or  such  pson 
as  hee  shall  name  who  is  to  follow  such  order  as  in  that  behalfe 
hee  shall  receiue  from  us  and  his  order  to  you  shall  bee  yo'" 
sufficient  warrent.  4.  So  soone  as  the  said  M""  Wright 
shall  haue  scene  the  deeds  of  sale  enrolled  and  declared  that 
he  lookes  on  the  workes  fitt  to  fall  in  hand  with,  j'ou  are 
psently  to  apply  the  said  stocke  to  the  managemt  of  the  said 
workes,  or  soe  much  thereof  as  the  said  m''  Wright  shall  thinke 
meett  and  the  rest  dispose  of  as  in  his  Judgement  shall  seeme 
most  for  the  aduantage  of  the  Comp^  and  after  such  declaration 
as  afors''  M""  Gifford  is  to  Joyne  with  you  wholly  in  the  man- 
agement of  the  same  but  not  to  intermeddle  tell  such  time 
as  hee  hath  pformed  all  that  is  to  bee  done  on  his  pt.  itt  being 
the  intent  and  agreement  of  us  all  that  untell  such  time  m"" 

Gifford  is  nott  to  intermeddle  with  any  pt  of  the  said  

But  as  soone  as  he  hath  done  what  to  him  belongeth  then  he  is 
to  receiue  420''  more  togather  with  halfe  the  profitts  of  91011. 
he  haueing  allreddy  reced  800''  wch  is  in  all  1000''.  And 
then  he  leaueing  the  other  500''  with  all  the  profitts  of  itt 
for  his  and  yo""  owne  8  pts  there  will  remaine  in  j^o''  hands 
for  that  and  the  other  8  shares  1000''  with  the  profitts  except- 
ing the  charge  here  and  in  passing 

"After  m""  Gifford  and  you  shall  haue  Joyned  in  Interest 

*  Autograph. 


174  IPSWICH    QUARTERLY    COURT  [Apr. 

wee  hope  &  expect  you  will  bee  mutually  serviceable  to  each 

other  and  both  to  the  .     The  Concernes  of  the  workes 

and  planta we  recommend  to  m''  Giffard  and  to  m""  Fogg. 

The  methodizeing  returnes  and  march*  acco"^  And  therefore 
wee  desire  you  will  doe  nothing  without  each  others  aduice 
any  of  o'^  affaires  or  negotiations  whatsoeuer  w'^''  we  in  Great 
part  Committ  to  yo''  prudence  and  discretion  you  conferring 
with  and  takeing  the  counsell  of  ou''  freind  and  ptner  m' 
Wright  or  such  pson  as  he  in  his  abscence  shall  name  for  ou"" 
superintendant,  6.  Wee  are  willing  to  haue  experiments 
of  those  mineralls  w''''  you  shall  apphend  to  bee  of  value  with 
yo'^  Judgments  of  the  charges  and  samples  of  the  oare  and 
quantities  and  Qualities  of  the  same. 

"7.  In  all  yo''  returnes  and  aduentures  relateing  to  the 
Comp"''  you  are  to  put  the  Comp*''  marke  that  where  euer  that 
marke  is  itt  may  bee  knowne  to  concerne  our  proportionable 
interests,  And  what  goods  you  soe  send  abroad,  let  Concur 
with  yo''  Bookes  att  home;  all  3^0""  Accots  and  bookes  relate- 
ing to  ou''  Compa  Interest  running  in  the  title  and  still  of 
(8)  w''*  Goods  you  send  for  england  consigned  in  Bristol  to 
ou""  freind  and  ptner  Mr.  John  Williams  and  what  in  London 
to  m""  John  Godfrey  and  m""  John  Eaton  (ou''  pseu hus- 
bands) with  whom  in  ou''  behalfe  you  are  to  Correspond,  there 
orders  or  any  one  of  them  with  one  or  more  of  ou""  Compa. 
subscribeing  with  them,  you  are  to  follow  and  obserue  as  the 
mind  of  the  rest  Concerned  in  England.  9.  Our  aduice  is 
that  you  be  uery  carefull  to  whom  you  giue  Creditt  wee  Judge- 
ing  itt  better  that  you  should  barter  Comoditie  for  Comoditie 
than  be  exposed  to  Creditt.  You  are  allowed  out  of  all  sales 
&  returnes  on  the  acco"  of  the  Compa.  to  draw  Customary 
pulsion  of  5  p  c*  In  Case  itt  should  proue  that  the  works 
should  appeare  to  m''  Wright  of  noe  value  or  m""  Gifford  should 
not  pforme  his  Agreement  then  we  haue  Giuen  Instructions 
to  m""  Wright  w'"''  you  are  to  pursue,  to  w"^  wee  reffer  you." 
Wit:  William  Reynolds,  Samuell  Hunt  and  Charles  Tate. 
Acknowledged  by  Comb,  Wright,  Buttell,  Allen,  Giffard 
and  Fogg,  before  Richd.  Stonehill,  notarj^  public.  "These 
Instructions  was  presented  by  m''  John  Giffard  &  m""  Ezekiel 
Fogg  to  me  the  30**^  Aprill  :  1674  ordering  them  to  see  severall 
Deeds  to  bee  inroled.  John  Leverett  Gov"""  Recorded  in 
Book  4,  pp.  266  and  267  of  the  book  of  records  of  the  notary 
public  of  the  Massachusetts  Colony  at  the  request  of  Mr. 
Ezekiel  Fogg,  Aug.  11,  1674,  by  Robert  Howard,  notary 
public.     Copy  made  by  Isa.  Addington,*  cleric. 

Instructions,  dated  Sept.  15,  1673,  given  by  John  Wright, 
John  Butteel,  Fran.  Allen,  John  Giffard,  Ezekiel  Fogg  and 
John   Godfrey  to  Mr.  John   Gifford  and  Mr.   Ezekiel   Fogg: 

*  Autograph. 


1679]  RECORDS    AND    FILES  175 

whereas  they  were  engaged  in  the  purchase  of  certain  lands 
and  Iron  works  and  other  mines  in  New  England,  and  had 
appointed  Mr.  Wright  to  go  over  as  their  agent  and  he  had 
been  unable  to  do  so,  they  committed  the  whole  business  to 
said  Gijfford  and  Fogg  until  Mr.  Wright  should  arrive  in 
New  England,  etc.  These  instructions  were  presented,  Apr. 
30,  1674,  to  John  Leverett,  Gov.,  by  Mr.  John  Giffard  and 
Mr.  Ezekiel  Fogg.  Copy  made,  Mar.  13,  1678,  by  Robert 
Howard,*  notary  public,  from  book  4,  p.  268  of  the  notarial 
records. 

Agreement,  dated  Dec.  1,  1669,  between  Tho.  Breedon* 
and  John  Giffard*:  that  whereas  Capt.  Thomas  Breedon  had 
a  judgment  of  10501i.  against  John  Giffard,  that  for  satisfac- 
tion of  said  judgment  he  sold  all  his  interest  in  the  Iron  works 
to  Jno.  Giffard,  who  was  in  three  years'  time  to  set  the  v»^orks 
blowing  and  upon  the  first  blast  was  to  pay  to  Capt.  Breedon 
20011.  and  at  the  next  blast  20011.  more.  Wit:  Joseph  Rock,* 
Henry  Phillips*  and  Rich.  Wayte.* 

T.  Breedon'st  receipt,  dated  Apr.  6,  1670,  to  Mr.  Gilford 
of  lOOli,  by  bill  on  Rich.  Way  of  Boston  from  Mr.  Rich.  Russell 
of  Charlestowne  and  also  one  bond  of  said  John  Gifford  for 
lOOli.  payable  June  24,  1671,  in  payment  of  all  demands  and 
also  for  one  other  part  of  the  Iron  works  at  Chiswick  in  New 
England  which  belonged  to  said  Breedon  and  company. 
Wit:  Rich.  Wayte,*  marshal,  and  John  Conney.*  Ac- 
knowledged, Apr.  17,  167-,  before  Edward  Tyng,*  assistant. 
Recorded,  20  :2  :  1674,  in  book  4,  p.  56,  of  the  records  at 
Salem,  by  Hilliard  Veren,*  recorder. 

Deed,  "tripartite,"  dated  Aug.  1,  1673,  between  John 
Gifford  of  New  England,  merchant,  on  the  first  part,  John 
Bulteele  of  St.  Margaret's,  Westminster,  Esq.,  on  the  second 
part,  Sir  Richard  Combe  of  Hemelhemsted,  County  Harford, 
Knight,  John  Wright  of  Wrightsbridge,  County  Essex,  Esq., 
Frances  Allen  of  London,  Esq.,  John  Godfery  of  Canterbury, 
Esq.,  John  Williams  of  Bristow,  merchant,  John  Eaton  of 
London,  mercer,  and  Ezekiell  Fogg  of  London,  merchant,  on 
the  third  part,  for  5s.  paid  by  Bulteele  to  Gifford  and  for 
1,50011.  by  Combe,  Wright,  Allen,  Godfery  Williams,  Eaton 
and  Fogg  to  Gifford,  acquit  said  Combe,  etc.,  that  said  Bul- 
teele should  immediately  reconvey  the  land,  etc.,  sell  to  Bul- 
teele 400  acres  of  land  and  a  house  24  feet  long,  20  feet  wide, 
with  six  acres  of  land  in  fence  and  broken  up,  with  a  garden, 
orchard,  cowhouse  and  stable;  one  other  house  26  feet  long, 
18  feet  wide,  with  two  acres  of  land  in  fence  with  a  small 
orchard;  one  other  house  50  feet  long,  16  feet  wide,  for  a 
potter  to  work  in;  one  house  40  feet  long,  20  feet  wide,  a 
furnace  to  cast  Iron  ware  in,  as  pots,  kettles,  sugar  rolls,  guns, 

*  Autograph.  t  Autograph  and  seal. 


176  IPSWICH    QUARTERLY    COURT  [Apr. 

shot  or  the  like;  together  with  all  water  courses,  dams,  uten- 
sels,  mines,  etc.,  situate  between  Linne  and  Redding  in  New 
England,  formerly  known  by  the  name  of  the  silver  works, 
etc.  Wit:  Richard  Stonehill,  William  Reynolds,  Whittingam 
Fogg,  Tho.  Turner,  jr.,  Richard  Weeden,  Samuell  Hunt,  Charles 
Tate.  Acknowledged,  Apr.  30,  1674,  before  John  Leverett, 
Govr.  Recorded,  May  5,  1674,  by  Milliard  Veren,*  recorder. 
Copy  made  by  Hilliard  Veren,*  recorder. 

Deed,  "tripartite,"  dated  Aug.  2,  1673,  between  John 
Bulteele  of  St.  Margaret's,  Westminster,  Esq.,  on  the  first 
part,  John  Gifford  of  New  England,  merchant,  Ezekiell  Fogg 
of  London,  merchant,  John  Wright  of  Wrightsbridge,  County 
Essex,  Esq.,  on  the  second  part,  and  Sir  Richard  Combe  of 
Hemelhemsteed,  County  Hartford,  Knight,  Frances  Allen 
of  London,  Esq.,  John  Godfery  of  Canterbury,  Esq.,  John 
Williams  of  Bristoll,  merchant,  and  John  Eaton  of  London, 
mercer,  on  the  third  part,  for  .5s.,  paid  to  John  Bulteele  by 
John  Gifford,  Fogg  and  Wright,  etc.,  conveyed  the  same 
estate  mentioned  in  the  foregoing  deed,  in  trust,  as  by  one 
other  deed  "  sexpartitie "  of  same  date,  made  between  Gifford, 
Fogg  and  Wright  on  the  first  part.  Combe  on  the  second  part, 
Allen  on  the  third  part,  Godfrey  on  the  fourth  part,  Williams 
on  the  fifth  part  and  Eaton  on  the  sixth  part,  etc.  Wit: 
William  Raynolds,  Richard  Stonehill,  Whittingham  Fogg, 
Tho.  Turner,  jr.,  Samuell  Hunt  and  Charles  Tate.  Ac- 
knowledged, Apr.  30,  1674,  before  John  Leveritt,  Governor. 
Recorded,  May  5,  1674,  by  Hilliard  Veren,*  recorder.  Copy 
made  by  Hilliard  Veren,*  recorder. 

Account  of  the  Company,  dated  Boston,  Dec.  25,  1674, 
Dr.,  to  neete  proceeds  of  voyage,  £1,223.  15s.  4  l-2d.;  to 
acct.  of  profitt  and  Loss  on  Creditt  side,  £108.  2s.  10  l-4d.; 
to  acct.  of  debts,  on  Credit  side,  £391.  2s.  11  l-4d.;  total, 
£1,723.  Is.  2  l-4d.;  to  stock  being  first  interest,  £3,177.  4s.; 
to  proffitt  and  Loss  on  Credit  side,  £347.  Is.  8d.;  to  acct.  of 
John  Gifford,  £428.  12s.;  to  acct.  of  Debts,  Credit  side,  £391. 
2s.  11  l-4d.;  total,  £4,344.  7  l-2d.  Creditor:  by  Plantation 
Interest  on  Debit  side,  £269.  8s.  9d. ;  by  John  Gifford,  agent, 
£1,015.  9s.  9  l-4d.;  by  necessaryes,  £15.  16s.  2d.;  debts, 
£137.  Is.  6  3-4d.;  profitts  and  Loss,  £232.  14s.  2  3-4d.;  cash 
remaining,  £5.  18s.  6  3-4d.,  merchandize  remaining,  £46. 
12s.  1  l-2d.;  total,  £1,723.  Is.  2  l-4d.;  by  John  Gifford  as 
agent,  £1,496.  17s.  7  l-2d.;  plantation  interest,  £2,286.  12s. 
9d.;  necessaryes,  15h.  16s.  2d.;  merchandize,  £46.  12s.  1  l-2d.; 
debts,  £137.  Is.  6  3-4d.;  profit  and  loss,  £342.  15s.  8  3-4d.; 
by  Ezekiell  Fogg  advanced  in  England,  £4.  9s.  6d.;  by  John 
Eaton,  in  his  hands,  £8.  5s.  2d.;  cash  remaining,  £5.  10s.; 
total,  £4,344.  7  l-2d. 

*  Autograph. 


1679]  RECORDS    AND    FILES  177 

Deacon  Wm.  Goodhue  v.  Seth  Perry.  Verdict  for  de- 
fendant.* 

Deacon  Wm.  Goodhue  v.  Samuell  Bishop.  Debt.  Verdict 
for  plaintiff.t 

William  Grice,  aged  about  thirty  years,  testified  that  he 
had  been  employed  by  Mr.  Ezekiell  Fogg,  merchant,  ever 
since  Aug.,  1673,  in  charge  of  his  warehouses  and  in  keeping 
of  his  books,  both  personal  accounts  and  those  of  his  interest 
in  the  Iron  company,  etc.  He  made  oath  to  the  truth  of  the 
accounts  in  the  ledger  and  journal.  Mar.  12,  1674,  before 
Simon  Bradstreet  and  Edward  Tyng,  assistants.  Copy  from 
the  notarial  records,  book  4,  pp.  322  and  323,  Mar.  14,  1678-9, 
by  Robert  Howard, |  notary  public. 

Articles  of  agreement,  dated  June  1,  1673,  with  John  Gifford, 
as  agent,  of  the  land  known  as  the  silver  mines,  between  Lynn 
and  Redding,  to  work  several  mines  of  gold,  silver,  lead,  tin, 
iron  or  copper,  of  which  by  patent  he  was  to  have  one-fifth 
of  all  metals  between  Kenebeck  river  and  New  Yorke  in  New 
England,  the  whole  being  divided  into  sixteen  parts,  each  part 
being  valued  at  £125;  each  party  was  to  pay  down  for  every 
sixteenth  part  "one  Ginny  peece  of  gold  to  be  layd  out  in  a 
peece  of  plate  for  the  Said  John  Geffords  wife  for  her  Consent 
according  to  the  Custome  of  New  England."  Full  details 
of  the  organization  of  the  company,  "the  Originall  of  these 
foregoeing  articles  Comprehended  in  one  Skinn  of  Large  parch- 
m*  with  8  labels  at  the  foot."  Acknowledged  before  Rich. 
Stonehill,  notary  pubHc.  Acknowledged,  Apr.  30,  1674,  in 
Boston  before  John  Leveritt,  Governor.  Copy  made.  Mar. 
14,  1678-9,  from  the  notarial  records,  book  4,  pp.  314-318,  by 
Robert  Howard,!  notary  public. 

*Writ:  Deacon  William  Goodhue  v.  Seth  Perry;  debt, 
for  malt  delivered  by  Nathaniell  Piper  in  1672;  dated  Boston, 
Mar.  20,  1678-9;  signed  by  Ephraim  Turner,!  for  the  town  of 
Boston;  and  served  by  Returne  Waite,t  deputy  marshal. 
Bond  of  Seth  Perry.  J 

John  Barry,  aged  about  thirty-seven  years,  deposed  that 
Nathaniell  Piper  delivered  the  malt  on  Dec.  12,  1673.  Sworn 
in  court. 

Thomas  Harris  testified.     Sworn  in  court. 

Samuell  Dutch,  aged  about  twenty-eight  years,  testified 
that  he  was  in  Boston  in  1678  and  heard  Seath  Perry  say 
that  he  bought  malt  of  Goodman  Piper  and  had  paid  some 
of  the  money  to  Dea.  Goodhue  and  the  rest  of  the  malt  the 
boatmen  had  spent  in  beer.     Sworn  in  court. 

fWrit:    William  Goodhue,  sr.,  merchant  v.  Samuell  Bishop; 

t  Autograph. 


178  IPSWICH    QUARTERLY    COURT  [Apr. 

Deacon  Wm.  Goodhue  v.  Thomas  Bishop.  Debt.  With- 
drawn. 

Abell  Langlej^  v.  Samuell  Bishop.  Debt.  Verdict  for 
plaintiff.     Forfeiture  of  the  bond.* 

John  How  V.  Robert  Dutch.     Withdrawn. 

Capt.  Paull  White  v.  Steeven  Johnson.  For  withholding 
a  debt.     Verdict  for  plaintiff.f 

debt;  due  from  Samuell  Bishop,  his  brother,  Jno.  Bishop  and 
his  mother,  Mrs.  Margett  Bishop;  dated  Dec.  13,  1678;  signed 
by  Robert  Lord,t  for  the  town  of  Ipswich;  and  served  by 
Robert  Lord,|  marshal. 

Acct.  taken  from  Dea.  Goodhue's  book,  Apr.  1,  1679:   John 
Bishoop,  rest  due,  Hi.  17s.  Id.;    John  Bishoop,  serge,  buttons 
and   silk,    by    Capt.    Whipple,    17s.;     Mr.    Samuell    Bishoop, 
balance,   31i.   9  l-2d.;    Mrs.   Bishoop,   4  yds.   Ribon,  3  nayls 
tabes,  6s.;    100  nayls  serge  by  John  Gamage  for  Mrs.  Bishoop, 
6d.;   by  2  yds.  lupstring  and  nayls,  Hi.  4s.  6d.;   Feb.  27,  1677 
yd.  3-4  serg  at  6s.  a  yd.,  10s.  6d.;   6  pound  shoott,  12s.  9d. 
Mar.    11,  lockerum,   nayls    silk,   Mrs.   Bishoop  had,  4s.    Id. 
Aug.    4,    1678,    Mrs.    Bishoop,    canvis   and    Ribon,    10s.    3d. 
total,  81i.  12s.  11  l-2d. 

William  Goodhue's  bill  of  cost.  Hi.  2s.  6d. 

Copy  of  will  of  Thomas  Bishop,  dated  Feb.  6,  1670,  made 
by  Robert  Lord,  J  cleric. 

*Writ,  dated  12  :  10  :  1678,  signed  by  Robert  Lord,|  for 
the  town  of  Ipswich;  and  served  by  Robert  Lord.t  marshal, 
by  attachment  of  the  house  and  land  of  Samuell  Bishop, 
commonly  called  the  "great  house." 

Edward  Brag  deposed  that  upon  order  of  Abell  Langley  he 
paid  501i.  to  Mr.  Bishop,  and  he  was  to  pay  it  back  in  wheat, 
barley  and  pork.  Sworn,  Apr.  2,  1679,  before  Daniel  Deni- 
son.J 

Abell  Langley's  bill  of  cost,  messenger  to  Lin  to  serve  sum- 
mons, etc.,  21i.  8s. 

Bond,  dated  Mar.  7,  1671-2,  given  by  Samuell  Bishop§ 
of  Ipswich  to  Abell  Langley  of  Rowley,  for  10611.  18s.,  to  be 
paid  in  wheat  and  barley  at  said  Langley's  dwelling  house, 
to  secure  him  for  a  debt  of  531i.  9s.  in  wheat,  barley  and  pork. 
Wit:  William  Acie|  and  Sarah  Bishop.  Acknowledged, 
Apr.  1,  1679,  by  Acie  before  Jo.  Woodbridge,|  associate,  and 
by  Sarah  Bishop  before  Robert  Lord,t  cleric.  John  Acie  also 
made  oath  to  his  father  Wm.  Acie's  signature. 

fWrit:  Capt.  Paull  White  v.  Steven  Johnson  of  Andover; 
debt;   dated  Newbury,  Mar.  12,  1678-9;   signed  by  Jo.  Wood- 

t  Autograph.  §  Autograph  and  seal. 


1679]  RECORDS    AND    FILES  179 

Daniell  Wicom  v.  John  Grifl&ng.  Defendant  acknowledged 
judgment  to  Daniell  Wicom  in  corn,  cattle  and  money. 

Ens.  John  Gould  acknowledged  judgment  to  Major  Genii. 
Denison,  Esq. 

Edward  Homan  of  Marblehead  acknowledged  judgment 
to  Mr.  John  Turner,  in  fish. 

Joseph  Coker  was  licensed  to  make  sturgeon  to  transport. 

Thomas  Hobs  acknowledged  judgment  to  John  How,  in 
wheat. 

The  selectmen  of  Andover  presented  a  certificate  that  they 
had  given  warning  to  Robert  Ebring  and  Henry  Salter 
to  depart  the  town,  not  allowing  them  to  be  inhabitants. 

Capt.    Dudly    Bradstreet,    Leift.    John    Ossgood   and    Ens. 

bridge,*  commissioner;  and  served  by  John  Bridges,*  con- 
stable of  Andover. 

Capt.  Paull  White's  bill  of  cost,  2H.  15s.  9d. 

Stephen  Johnson,  Dr.,  June  22,  1677:  to  3  yds.  1-2  of  Ossen- 
brix,  8s.  2d.;  1  1-2  yd.  of  holland  at  8s.  p  yd.,  12s.;  3  yds. 
blew  Hnen,  9s.;  31i.  of  fruit,  3s.;  2  glass  bottles  and  2  qts. 
of  rum,  4s.  6d.;  yd.  of  Pennestone,  4s.  6d.;  a  pt.  of  wine,  9d.; 
wine  and  liquor,  9d.;  lOH.  1-2  sugar,  7s.;  22:4:1678,  to 
5  yds.  sarge  at  6s.  6d.,  Hi.  12s.  6d.;  4  yds.  ribben  at  8d.  per 
yd.,  2s.  8d.;  thread,  silk  and  buttons,  5s.;  combe,  home 
booke  and  tobacco  tongs,  2s.  9d.;  knife,  6d.;  wine,  5d.;  latt- 
ing  ware,  2s.  6d.;  Latting  potts,  2s.  6d.;  16  :  6  :  1678,  to  5 
qts.  1  pt.  rum,  6s.  lid.;  gallon  of  molasses,  2s.  6d.;  20  lb.  of 
sugar,  10s.;  sack,  5d.;  pipes,  4d.;  yd.  holland,  8s.;  71i.  of 
raysons,  7s.;  2  yds.  of  manchester  &  6  yds.  tape,  18d.;  rum, 
5d.;  gallon  &  pt.  of  rum,  5s.  8d.;  28  :  8  :  1678,  rum,  5s.  8d.; 
yd.  &  1-2  Pennestone,  7s.  6d.;  salt,  2s.  6d.;  gingerbread,  4d.; 
wine,  9d.;  rum,  5d.;  9:9  :  1678,  rum,  5s.;  12U.  sugar,  6s.; 
manchester,  6d.;  11:10:1678,  rum,  5s.;  211i.  sugar,  10s. 
6d.;  4  yds.  &  3-4  Irish  Cloth,  lis.  10  l-2d.;  2  yds.  holland, 
16s.;  2  yds.  &  1-2  Gotten,  10s.;  4  dozen  buttons,  3s.;  man- 
chester, 6d.;  wine.  Is.  Id.;  total,  IHi.  17s.  4  l-2d.;  22:4: 
1678,  per  Contra,  Cred.  by  4  bushells  of  wheate,  lU.;  16  :  6  : 
1678,  by  a  bushel  of  wheat,  5s.;  total  Hi.  5s.  Due  Capt. 
White,  lOh.  12s.  4  l-2d.  Copied  from  the  book,  31  :  1  :  1679, 
by  William  Chandler,*  bookkeeper  for  Capt.  Paul  White. 
Compared  with  the  original.  Mar.  31,  1679,  by  Jo.  Wood- 
bridge,*  commissioner.     Sworn  in  court  by  William  Chandler. 

Ann  White  and  Tho.  Woodbridge  affirmed  that  the  account 
was  correct.     Sworn  in  court. 

*  Autograph. 


180  IPSWICH    QUARTERLY    COURT  [Apr. 

Tho.  Chandler,  chosen  commissioners  to  end  small  causes  at 
Andover,  were  sworn,  said  Ossgood  excepted. 

Thomas  Thurla  acknowledged  judgment  to  his  master 
John  Perkins. 

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

Hugh  Marsh  had  his  license  renewed  for  a  year,  and  also 
his  license  for  liquors. 

John  Mighill  had  his  license  renewed  for  a  year. 

Mr.  Frances  Wainwright's  license  was  renewed  for  a  year. 

John  Sparke  had  his  license  renewed  for  a  year. 

Peeter  Duncan  had  his  license  renewed  for  a  year,  also  for 
liquors. 

Ezekiell  Woodward  had  his  license  renewed  for  a  year,  also 
for  liquors. 

John  Harris  was  licensed  to  sell  liquors  by  the  gallon  for  a 
year. 

Peeter  Cheny  was  licensed  to  sell  penny  beer  and  cakes  for 
a  year. 

James  Standish  dying  intestate,  court  granted  administra- 
tion upon  his  estate  to  Richard  Hutcheson. 

Joseph  Soolart,  dying  under  age  and  having  some  estate, 
court  appointed  Joseph  Levet  and  Walter  Fairefield  adminis- 
trators, who  were  to  bring  in  an  inventory  to  the  next  Salem 
court.     Joseph  Levet  and  Walter  Fairefield  bound. 

Court  ordered  the  distribution  of  the  estate  of  John  Bread, 
referred  from  the  last  Salem  court,  amounting  to  18011.,  as 
follows:  to  the  eldest  son,  721i.;  to  the  other  three  361i.  each, 
they  to  be  brought  up  with  the  produce  of  the  estate,  and  if 
that  fall  short,  to  be  deducted  proportionally  out  of  the  estate 
of  the  two  youngest,  and  the  three  sons  to  have  their  portions 
out  of  the  land. 

Upon  a  motion  to  court  as  to  whether  owners  or  tenants 
were  to  pay  rates,  court  declared  the  tenants  while  in  pos- 
session. 

Henry  Bachelour,  dying  intestate,  administration  upon  his 
estate  was  granted  to  Nath.  Tredwell  and  John  Warner,  who 
were  to  bring  in  an  inventory  to  the  next  Ipswich  court,  pro- 
vide for  the  widow,  and  keep  an  account. 

John  Flood  gave  bond  to  answer  Mr.  Giffard's  cost  in  an 


1679]  RECORDS    AND    FILES  181 

action  commenced  against  him  by  Mr.  Tho.  Walker,  he  being 
not  a  settled  inhabitant. 

Sarah  Gilbert  was  admonished  upon  her  presentment. 

Abigaill  Soolart  chose  Walter  Fairefield  as  her  guardian, 
who  gave  bond. 

Laurance  Clenten  was  ordered  to  serve  Arthur  Abott 
until  the  end  of  June  next  for  his  charges  about  the  child  of 
Mary  Grely  set  by  the  court. 

Court  allowed  Charles  Gott  to  be  the  guardian  of  Bethia 
Soolart,  and  he  was  bound. 

Elizabeth  Johnson,  convicted  of  beating  a  cow  of  Mr. 
Hale's,  whereby  the  cow  died,  was  ordered  to  pay  31i.* 

♦Warrant,  to  the  constable  of  Beverly,  dated  Feb.  24,  1678, 
for  the  apprehension  of  Elisabeth,  wife  of  Jonas  Johnson, 
Annis  Hoar  and  Simon  Hoare,  upon  complaint  of  John  Dodge 
and  John  Hill,  that  they  had  abused  some  of  Mr.  Hale's 
cattle  by  cruelly  beating  them,  whereby  one  of  them  is  dead, 
signed  by  Daniel  Denison.f 

Summons,  dated  Feb.  24,  1678,  to  John  Sampson,  Abigaile 
Stone,  sr.,  Henry  Bailey,  Thomas  Patch,  John  Herrick  and 
Abigaile  Stone,  jr.,  signed  by  Daniel  Denison,t  and  served  by 
Will.  Dodge, t  constable. 

John  Dodge  and  John  Hill  of  Beverly  complained  that 
EHzabeth  Johnson  allowed  some  cows  of  Mr.  John  Hale, 
pastor  of  the  church  at  Beverly,  to  be  beaten  in  her  yard,  etc. 

William  Dodg,  sr.,t  aged  about  seventy  years,  deposed  that 
Mr.  Hale  sent  for  him  to  see  what  was  the  matter  with  the 
cow.  She  could  not  rise  without  help  and  he  advised  them 
to  give  her  some  corn  which  she  ate.  Later  she  died  and 
when  her  skin  was  off,  she  was  very  black  upon  the  ribs  as 
if  she  had  been  beaten. 

John  Halet  certified.  Mar.  31,  1679,  that  he  found  his 
white-faced  cow  dead  in  his  stable  and  he  sent  for  Leonard 
Austin. 

Complaint  of  John  Dodgef  and  John  Hillf  to  the  court: 
that  the  suspicious  parties  were  revengeful  against  Mr.  Hale, 
and  they  knew  of  no  other  families  in  town  who  had  shown 
"such  an  euill  spiritt  to  our  minister  as  these  haue  done." 
William  Hoare,  the  father  of  the  children,  had  also  used 
threatening  speeches  to  Mr.  Hale.  The  pastor  had  also  been 
annoyed  by  having  hay  stolen,  and  other  things  from  the 
house  and  "the  house  disturbed  with  some  person  or  persons 
knocking  and  making  a  noise  in  y^  Dead  time  of  the  night 
and    towards    Day   sometimes   att   the    Dore   and   sometime 

t  Autograph. 


182  IPSWICH    QUARTERLY    COURT  [Apr. 

against  y^  side  of  y*^  house  cheiflie  when  Mr.  Haile  hath  been 
abroad  and  nott  in  towne  to  the  Disturbance  of  M^  Haile 
and  the  familie,"  etc. 

Leonard  Austin,*  aged  about  forty-five  years,  testified 
that  he  and  Soloman  Cole  and  Thomas  Coy  could  not  get 
the  cow  up,  but  one  day  when  Farmer  Dodge,  the  farrier, 
Goodman  Stone  and  Robert  Roundey  were  there  they  got 
her  up  and  helped  her  from  the  cowhouse  to  the  stable.  She 
could  not  rise  although  there  was  room  enough  for  her  to  do 
so  in  the  stable  had  she  been  able.  Soloman  Cole*  testified 
to  the  same. 

John  Sampson  testified  that  about  the  time  the  oath  of 
allegiance  was  taken  this  winter,  he  saw  Nancy  Hoare  with 
a  great  stick  in  her  hands  beating  the  cows  in  Betty  Johnson's 
yard  and  Symon  Hoar  and  Goody  Johnson's  boy  with  clubs 
to  keep  them  there.  The  cows  escaped  into  Baylye's  ground, 
and  he  remonstrated  with  the  boys. 

Abigaile  Stone,  sr.,  testified  as  to  the  beating  and  what 
happened  in  the  lane  between  Bety  Johnson's  and  her  house, 
etc.     Sworn,  Apr.  1,  1679,  before  Wm.  Hathorne,*  assistant. 

John  Sampson,  aged  about  fifty-two  years,  deposed  that 
he  was  in  his  barn,  and  looking  out  of  the  window  saw  Simon 
Hoare  and  Joseph  Buttman  playing,  as  he  thought,  with  the 
cow,  etc.  One  cow  had  a  bell.  What  they  had  in  their  hands 
he  could  not  tell,  it  being  a  distance  away.  Sworn,  before 
William  Browne,*  associate. 

Henry  Balie,  aged  about  seventy-eight  years,  deposed  that 
he  flead  the  cow,  Thomas  Patch  of  Wenham  and  John  Herrick 
being  present  part  of  the  time,  and  found  ten  wounds,  etc. 
Sworn,  Apr.  1,  1679,  before  Wm.  Hathorne,*  assistant. 

Abigail  Stone,  jr.,  aged  about  fourteen  years,  deposed. 
Sworn,  Apr.  1,  1679,  before  Wm.  Hathorne,*  assistant. 

Thomas  Patch  of  Wenham,  aged  about  forty  years,  deposed, 
and  John  Herrick,  aged  twenty-nine  years,  deposed.  Sworn 
in  court. 

Abigell  Stone,  sr.,  aged  about  forty  years,  deposed  that 
going  out  to  her  well,  etc. 

Abigell  Stone,  jr.,  deposed. 

Henry  Bayly,  aged  about  seventy  years,  deposed. 

John  Tuck,  aged  about  thirty  years,  deposed  that  going  by 
David  Perkins'  shop,  he  saw  Goody  Jonson's  boy  Butmon 
fetch  Mr.  Hale's  cows,  etc.  Sworn,  Feb.  24,  1678,  before 
Daniel  Denison.* 

Thomas  Patch  and  John  Herrick  deposed. 

Meary  Hares,  wife  of  Samuell  Hares,  testified  that  she 
heard  Goodman  Astten  say  that  the  cow  was  beaten  enough 
to  kill  any  cow,  and  Mr.  Healle  hearing  him  said  "as  Joob 

*  Autograph. 


1679]  RECORDS    AND    FILES  183 

Annis  and  Simon  Hoare  were  sentenced  to  be  whipped  by 
the  constable  in  a  house  at  Beaverley  with  a  birch  rod,  before 
three  or  four  of  the  selectmen,  six  lashes  each. 

John  Wooddam's  will  being  produced  in  court  without 
proof,  court  appointed  the  relict,  Mary  Wooddam,  as  adminis- 
tratrix, she  to  enjoy  the  estate  while  she  lived,  and  upon  her 
death  the  estate  was  to  be  the  property  of  her  daughter  Mary 
Eyr,  the  only  child  of  the  said  John  Wooddam. 

Mr.  Richard  Croad  was  licensed  to  continue  to  sell  cider 
and  beer  until  the  Salem  court. 

Whereas  the  land  of  John  Soolart  was  bound  for  the  pay- 
ment of  his  children's  portions,  and  it  being  in  Ezekiell  Wood- 
ward's possession,  it  was  ordered  that  the  produce  of  what 
their  portions  amount  to  be  paid  by  him  yearly. 

John  Lunt  dying  intestate,  the  relict,  Mary  Lunt,  was 
appointed  administratrix. 

Joseph  Morse  dying  intestate,  the  relict,  Mary  Morse,  was 
appointed  administratrix,  and  ordered  to  bring  in  an  inventory. 

Joseph  Kilburn  and  his  wife  were  fined  for  fornication.* 

John  Browne  was  fined  for  being  drunk.f 

John  Dent  was  sentenced  to  be  whipped  for  fornication. J 

Seth  Story  was  bound,  with  Corprll.  John  Andrews  and  Wm. 
Goodhue  as  sureties,  concerning  an  action  against  him  about 
raising  a  house  at  Chebeka,  unless  the  General  Court  should 
take  further  order. 

Jeremiah  Jewett  and  Nehemiah  Jewett,  who  were  appointed 
26  :  9  :  1678,  at  Salem  court,  administrators  of  the  estate  of 
Edward  Carlton,  were  given  Hberty  to  bring  in  the  inventory 


said  the  Lord  giveth  and  the  Lord  taketh  and  blessed  be  the 
name  of  the  Lord."  Sworn,  1:2:  1679,  before  Wm.  Hath- 
orne,§  assistant. 

Meary  Baret,  aged  about  twenty  years,  deposed  that  she 
had  been  at  Jonson's  house  eight  months  and  had  never  seen 
Goody  Jonson  strike  a  cow.  Sworn,  1:2:  1679,  before  Wm. 
Hathorne,§  assistant. 

*Rowley  presentment. 

fJohn  Brown,  the  drummer.     Wit:    Old  Goodwife  Phitts.  • 

tJohn  Dent,  Mr.  Epps'  man,  presented  for  improper  rela- 
tions with  a  "negar"  of  Mr.  Pinchon's. 

§  Autograph. 


184  IPSWICH    QUARTERLY    COURT  [Apr. 

to  the  next  Ipswich  court  in  September,  with  respect  to  the 
estate  in  New  England. 

Wm,  Lake  was  licensed  to  brew  ship  beer  and  to  sell  beer 
in  his  house  at  a  penny  a  quart,  according  to  law,  for  one  year. 

Nathaniell  Rogers  and  Martha  Rogers  chose  their  uncle 
Mr.  Wm.  Hubbard  as  their  guardian. 

Ordered  that  no  person  should  sell  or  give  to  John  Browne, 
the  glazier,  any  strong  drink  or  strong  liquor,  and  should  any 
ordinaries  suffer  him  to  come  or  stay  in  any  of  their  houses 
and  so  obtain  such  drink,  they  would  do  it  at  their  peril. 
This  notice  was  to  be  posted  at  the  meeting  house  and  or- 
dinaries. 

Whereas  an  account  has  been  referred  to  this  court  by 
Ezekiell  Northen,  John  Acie,  Daniell  Wicom  and  divers 
Rowley  subscribers  to  the  complaint  against  Mr.  Samuell 
Phillips  for  saying  in  open  congregation  at  Rowley  the  last 
Lord's  day  that  they  were  false  witnesses  in  testimonies  they 
gave  in  to  Major  Genrll.  Denison,  charging  said  Phillips  with 
high  reflections  upon  authority,  court  judged  Mr.  Phihps  to 
have  spoken  inadvisedly  and  very  injuriously  to  their  great 
reproach,  and  the  discouraging  of  witnesses  in  cases  of  like 
nature  which  ought  not  to  be  permitted,  and  he  was  fined. 
And  whereas  by  sufficient  testimony  he  was  charged  with 
reflecting  and  reproaching  authority  which  he  denied,  court 
having  no  small  regard  for  his  protestation,  sentenced  him 
only  to  be  admonished  and  pay  the  costs.* 


*Petition  to  the  court,  dated  Apr.  1,  1679,  signed  by  Ezekiell 
Northern,!  Edward  Hasen,t  John  Acie,t  Andrew  Stickny,t 
Samuell  Browne, f  Daniell  Wicum,t  Samuell  Mighell,t  Wilham 
Brownef  and  Humfrey  Hobsonif  "Honered  Fathers:  we 
whose  Names  are  subscribed  being  tender  of  your  honers 
reputations  soe  of  our  owne  Credit  could  doe  noe  other  for 
the  vindication  of  our  suffring  names  then  exhibit  this  our 
humble  complaint  to  your  honers  for  the  reparation  of  y« 
same;  humbly  hoping  that  hearin  we  shall  be  acounted  noe 
offenders:  your  honers  may  be  Informed  that  in  obedience 
to  athorytey  we  gaue  in  euedences  about  y«  Reuerent  M"" 
Philips  his  reflecting  and  speaking  against  Athorytey  (as 
we  conceiue)  which  euedences  as  they  are  sworn  soe  we  still 
affirme  to  be  certainlj^  true,||  euerj^  one  in  perticular  ||  which 

t  Autograph. 


1679]  RECORDS    AND    FILES  185 

testimonies  (to  our  great  admiration)  are  peremtoryly  denied 
and  disowned  by  M""  Phillips,  and  we  rendred  publiquly  befor 
y''  hole  Congregation  of  Rowley  (on  y''  last  Saboth)  noe  other 
then  perjured  persons  and  false  swearers  and  that  befor  some 
strangers,  to  the  great  Damage  of  our  reputation,  and  though 
we  can  with  all  good  concience  plead  our  sincerity  and  as  to 
what  we  haue  sworn  before  god  and  Athority  j^et  M''  Philips 
is  pleased  to  report  that  y^  worshipful  Major  Genrall  should 
say  that  he  thought  that  our  euedences  wear  fals  when  we 
went  to  give  them  in  to  him  these  things  as  they  darken  our 
reputation  amongst  those  that  are  sober  and  honest  soe  they 
wil  be  a  reall  discouragement  to  us  for  y®  future  for  discouer- 
ing  any  Reproaches  which  may  be  cast  upon  your  honers 
unles  we  can  be  admited  to  haue  a  canded  hearing  in  order  to 
the  vindication  of  our  Inocency." 

Bill  of  cost  against  Mr.  Phillips. 

Ezekiell  Mighill,  John  Stickny,  Phillip  Nelson,  Samuell 
Platts,  Abell  Platts,  Caleb  Bointon  and  John  Pearly,  deposed, 
that  at  Rowley  meeting  the  last  Lord's  day,  after  sermon  and 
prayer  and  blessing  concluded,  Mr.  Phillips  stayed  the  con- 
gregation and  informed  them  that  sundry  persons  had  com- 
plained of  him  to  authority.  He  signified  that  those  persons 
had  been  false  witnesses  concerning  what  was  testified  about 
judges  defending  sin  to  the  sword's  point  and  speaking  of 
them  as  tormentors.  Mr.  Phillips  said  he  never  mentioned 
the  word  Judges  in  that  sense,  except  a  proof  from  the  book 
of  Judges,  nor  the  word  tormentors.     Sworn  in  court. 

Maximilion  Jewet,*  John  Johnson,*  Tho.  Tenny,  sr.,* 
Thomas  Leaver,  sr.,*  John  Pickard,*  Thomas  Burkbee,* 
James  Bayley,*  William  Tenny,*  Thomas  Leaver,  jr.,*  John 
Tod,*  John  Burbanke,*  John  Bayly*  and  Joseph  Boynton* 
testified,  Apr.  1,  1679,  that  the  day  that  Mr.  Nelson  was 
censured  by  the  Church,  as  an  aggrevation  of  one  of  Nelson's 
offences  "our  teacher  added  thes  folowing  words  your  un- 
brotherly  or  unchristian  carriage  in  hailling  brother  Leaner 
to  the  Court  after  he  had  made  three  confessions  two  to  many: 
and  we  doe  possetiuly  affirm  that  thes  words  affore  said  of 
our  teacher  were  thus  conveyed  together  by  him:  Before  the 
word  tormentor  was  used  by  our  teacher  which  was  named 
by  him  toward  the  latter  end  of  his  speech  I|  as  to  that  per- 
cicution  j]  and  the  text  eightenth  of  mathew  was  named  wher 
that  expression  is  used."     Sworn  in  court. 

William  Browne,*  Samuell  Mighell,*  Ezekiell  Northend,* 
Edward  Hazen,*  Joseph  Plumer  and  Humphrey  Hobson* 
testified  that  they  were  present  on  Lord's  day,  Nov.  3,  when 
Mr.  Phillips  was  lajdng  conviction  of  sin  before  Mr.  Phillip 
Nelson,  and  among  other  things  aggrevating  the  offence  of 

*  Autograph. 


186  IPSWICH    QUARTERLY    COURT  [Apr. 

Mr.  Nellson's,  having  Goodman  Leavour  to  court  for  charging 
him  with  blasphemy.  Mr.  PhilHps  used  these  expressions, 
that  Goodman  Leavour  had  made  three  confessions  which 
were  two  more  than  he  needed,  and  yet  for  all  that  Mr.  Nelson 
would  not  take  satisfaction  but  haled  him  before  the  tor- 
mentors.    Sworn,  Nov.  5,  1678,  before  Daniel  Denison.* 

Richard  Holmes,  Samuell  Myghell  and  Caleb  Bointon 
testified  that  they  heard  Mr.  Phillips  say  that  the  testi- 
monies before  the  Major  General  were  false  and  the  latter 
counselled  him  to  testify  against  them.  These  were  testi- 
monies concerning  Mr.  Phillips  speaking  against  authority. 
Sworn,  Dec.  11,  1678,  before  Daniel  Denison.* 

Mr.  Anthony  Ashbee  deposed  that  he  was  at  Mr.  Phillips' 
house  and  the  latter  told  him  that  the  Major  General  said 
when  they  were  testifying  that  he  thought  they  were  lies, 
"but  I  must  giue  men  their  oathes  when  they  com  to  be  sworn 
because  of  my  place."  Sworn,  Dec.  11,  1678,  before  Daniel 
Denison.* 

Daniell  Wickam  and  John  Acie  deposed  that  at  Rowley 
meeting  Mr.  Phillips  speaking  of  the  sinfulness  of  sin,  referred 
to  some  who  would  speak  blasphemj^  and  then  sue  a  brother 
for  saying  that  he  did  so,  though  in  a  matter  of  truth.  Then 
he  showed  what  a  sad  thing  it  was  when  sin  should  be  pun- 
ished by  the  Judges,  that  at  the  same  time  those  who  should 
punish  sin  stood  up  as  attorneys  to  plead  for  sin,  and  justified 
the  guilty  and  condemned  the  innocent.  This  was  in  relation 
to  Mr.  Nelson  suing  Goodman  Leaver.  Sworn,  Nov.  5,  1678, 
before  Daniel  Denison.*  Abraham  Jewet  testified  to  the 
same. 

John  Acie,  Andrew  Stickney  and  Samuell  Brown  testified. 
Sworn,  Nov.  5,  1678,  before  Daniel  Denison.* 

Corporal  Northen  and  Joseph  Plumer,  sr.,  deposed  that 
at  Northen's  house,  said  Plumer  was  telling  Goodman  Tod, 
etc.     Sworn,  Dec.  11,  1678,  before  Daniel  Denison.* 

Thomas  Leaver,  sr.,  deposed  that  he  took  down  some 
headings  of  the  sermon  that  Mr.  Phillips  preached  on  Sept.  29, 
etc. 

Ezekiell  Mighill,  John  Stickny  and  Samuell  Browne  deposed. 

John  Johnson*  testified  that  he  took  notes  of  the  sermon 
and  in  speaking  of  how  men  may  partake  of  other  men's  sins, 
Mr.  Phillips  came  to  a  10th  particular  which  was  that  "we 
partake  in  other  mens  sins  when  instead  of  Reproueing  we 
aprooue  of  the  sin  of  others  and  this  was  done  in  3  things, 
when  we  take  pleasure  in  the  euili  actions  of  Others.  2  when 
we  flatter  men  in  euill  doings.  3  when  we  defend  and  excuse 
mens  sins  as  if  we  would  take  upon  us  to  be  aturneys  and 
advocates  to  plead  for  them  17  pro  :  15  yea  some  will  defend 

*  Autograph. 


1679]  RECORDS    AND    FILES  187 

Lawrence  Clenton,  presented  upon  instigation  of  Samuell 
Hunt  and  not  proved,  was  allowed  costs.* 

Court  ordered  that  three  pence  per  week  be  taken  off  from 
the  amount  which  John  Hunkins  was  ordered  to  pay  to  Wm. 
Hayward  for  the  keeping  of  the  child,  and  that  for  the  future 
he  should  pay  Is.  per  week  until  the  court  take  further  order. 

Twenty  shilhngs  were  paid  by  the  marshal  to  the  house 
for  the  last  two  courts  and  3s.  4d.  to  Abraham  Perkins. 

In  answer  to  Mr.  Jerimy  Hubbert's  petition,  court  having 
heard  the  demand  of  Mr.  Hobart  and  the  testimony  of  Mr. 
Cobbit  and  Mr.  Wm.  Hubbord,  together  with  the  answer 
of  the  selectmen  of  Topsfield  concerning  an  engagement 
proffered  Mr.  Hobart  to  induce  him  to  accept  their  call  to  the 
ministry  in  Topsfield,  court  judged  the  engagement  to  be 
of  force  and  required  the  selectmen  and  the  inhabitants  to 
pay  forthwith  to  Mr.  Jerimy  Hobart  60H.  or  so  much  land 

the  sin  of  others  by  the  swords  poynt  as  the  benjamite,  tooke 
up  armes  to  defend  the  gibeonites  20  Judges  herby  they  did  in 
a  high  degre  partake  in  their  sin." 

*Thomas  Borman,  aged  thirty-four  years,  testified  that 
in  the  year  when  Lawrence  Clenton  lived  with  him  as  a  ser- 
vant, the  latter  mowed  grass  between  the  land  of  Samuell 
Hunt,  sr.  and  deponent  and  carried  it  away.     Sworn  in  court. 

Presented  for  taking  a  false  oath.  Wit:  Samuell  Hunt,  sr., 
Samuell  Hunt,  jr.,  Elizabeth  Hunt,  sr.,  EUzabeth  Hunt,  jr. 
and  William  Hunt. 

List  of  presentments,  dated  Apr.  1,  1679,  signed  by  William 
Cogswell,!  in  the  name  of  the  rest  of  the  grand  jury: 

John  Pulsepher,  for  breaking  open  the  barn  door  of  James 
Chute,  jr.,  breaking  the  lock,  taking  his  oxen  and  working 
them  contrary  to  his  knowledge  and  order.  Wit:  Thomas 
Harris,  sr.,  his  wife  and  his  son  John. 

William  Hodgken,  sr.,  for  excessive  drinking  on  a  training 
day.     Wit:    Seth  Story  and  Samuell  Ayres. 

Nathaniell  Jacob,  for  taking  swine  and  killing  a  swine  that 
Moses  Haggett  claimed.  Wit:  John  Dane,  jr.,  Anthony 
Potter  and  Edmund  Potter. 

John  Chub,  for  helping  to  raise  a  house  at  Chebacco  that 
was  intended  for  a  meeting  house,  he  manifesting  as  much 
in  his  complaint  to  Mr.  Willson  and  Goodman  Rust. 

Hanah  Adams  of  Newbery,  for  fornication. 

Richard  Holmes'  wife,  for  striking  her  husband,  as  she 
told  John  Tod  of  Rowley,  one  of  the  grand  jury. 

t  Autograph. 


188  IPSWICH    QUARTERLY    COURT  [Apr. 

worth  that  amount.  They  were  also  ordered  to  put  into 
good  and  sufficient  repair  the  ministry  house  in  Topsfield 
where  their  minister  Mr.  Hobart  now  lives,  together  with  the 
outhouses  and  fences  about  the  land.  Also  they  were  to 
take  effectual  care  that  the  601i.  per  annum  allowed  for  the 
maintenance  of  the  minister  be  paid  to  him  or  his  assigns  that 
it  may  be  a  testimony  of  their  readiness  to  discharge  their 
duty  to  God  by  their  honorable  maintenance  of  their  min- 
ister according  to  their  ability. 

Whereas  by  order  of  Ipswich  court,  Sept.  25,  1677,  John 
Browne  was  to  pay  his  two  sisters  Martha  and  Sarah  lOli. 
each  and  2  Hi.  to  his  mother,  upon  consideration  of  the  peti- 
tion of  said  John  Browne  and  the  testimony  of  Andrew  Bird- 
ley,  Nathaniell  Browne  and  Mary  Lambert,  court  ordered 
him  not  to  pay  the  said  amounts.* 

*Petition  of  Jno.  Browne :t  He  "apprehends  that  when 
y°^  Honors  setelled  the  estate  which  my  Father  Left  y°' 
Honors  were  not  writely  informed  of  my  Fathers  minde  nor 
in  what  condition  my  father  Left  and  had  disposed  of  his 
Estate.  .  .  .  my  Father  did  in  the  time  of  his  Life  settell  my 
Brother  Nathaniel  upone  a  better  Estate  then  he  Left  to  mee 
and  my  father  gaue  thirty  pounds  to  my  sister  Martha  Thorn 
and  willed  that  I  should  paie  to  hir  twenty  pounds  more  and 
my  Father  gaue  to  my  sister  Sarah  Jacobs  Fiuety  pounds, 
And  this  was  all  that  my  father  intended  and  willed  that  my 
Brother  and  Sisters  should  haue,  And  indeed  as  the  Estate 
is  now  settelled,  the  Lest  of  them  will  haue  more  then  may 
proue  to  be  clere  from  my  fathers  estate  to  mee,  As  in  short 
I  shall  informe  yor  Honors  As  to  ye  Estat  which  my  Brother 
Nathaniell  now  posseses  I  myself  by  my  laboure  and  monys 
which  I  hired  payed  a  hondred  and  fiuety  pounds  of  the  pur- 
chas;  &  when  my  Brother  Nathaniell  maryed  my  father 
desired  me  to  Let  my  Brother  haue  my  intrust  in  that  estete, 
and  I  Acordingly  did,  wher  upone  my  father  then  promised 
me  yt  I  should  haue  the  estate  which  he  Lined  upone  afture 
his  desese,  the  which  quantety  of  Land  is  but  seuen  acors 
of  ould  worne  out  Land,  and  4  acors  of  pasture  and  nintene 
of  meadow  which  is  uery  mene  and  Lise  4  miles  from  hom  the 
stock  which  my  father  Left  was  uallewed  at  about  47  pounds, 
and  yor  hnors  granted  to  me  administration  upone  the  estate 
the  which  I  Acsepted,  and  y°'"honers  ordered  that  I  should 
alow  my  mother  16  pounds  pr  yere,  And  as  Loue  obedience 
honer  &  duty  binds  me  I  am  frely  willing  to  doe  to  &  for  my 

t  Autograph. 


1679]  RECORDS    AND    FILES  189 

Joseph  Pike,  administrator  of  the  estate  of  Thomas  Turrill, 

mother  to  the  extent  of  my  abilety  and  in  order  to  my  fathers 
will  follfill  the  same  in  all  respects  thorow  gods  Assistanc, 
But  my  Fathers  will  ware  not  that  I  should  pay  to  my  sisters 
ten  pounds  apese  more  then  my  Father  had  giuen  and  willed 
me  to  pay,  yet  not  with  standing  yor  honors  did  apoint  & 
order  that  I  should  pay  to  my  two  sisters  tenn  pounds  a  pese 
&  more  giue  to  my  mother  twenty  one  pounds  for  hir  dis- 
posall  to  be  paid  afture  hir  desease  and  my  fathers  estate 
was  Left  at  his  desease  in  debt  foutskore  pounds  and  the 
hole  Estat  would  not  be  Lett  for  aboue  tenn  pounds  pr  yere  nor 
is  not  worth  more  in  estemation,  and  my  mother  is  remoued 
from  my  house  &  hues  with  his  dafture  Sarah  to  hom  the 
sixteen  pounds  must  be  paied  in  the  best  that  I  can  produse, 
and  I  am  freely  willing  so  to  doe,  yet  not  with  standing  the 
hole  estat  will  not  of  it  selfe  produce  the  quintety,  I  thus  in 
ye  present  condision  and  capasety  I  am  in  present  my  desire 
to  the  Consideration  of  y°'  Honors  that  if  yor  Honors  may 
see  cause  soe  to  order  the  mater  that  yor  petitioner  may  not 
pay  too  his  sisters  yt  tenn  pounds  apece  which  was  Last 
ordered  to  be  payd  and  somthing  to  Leson  the  twenty  pounds 
to  be  given  to  my  mothers  disposall  to  be  paied  afture  hir 
desease." 

Copy  of  the  record  of  Ipswich  court,  Sept.  25,  1677,  relating 
to  administration  upon  John  Browne's  estate,  made  by  Robert 
Lord,*  cleric. 

Nathaniell  Browne,  aged  about  twenty-five  years,  deposed 
that  not  long  before  his  father  Jno.  Browne  died,  he  used  to 
speak  to  deponent  about  the  woman  who  is  now  the  wife  of 
his  brother  Jno.  Browne.  Deponent  told  his  father  that 
there  was  much  love  between  them  and  she  was  a  very  suit- 
able person  for  a  wife  for  his  brother,  but  his  father  said  he 
was  not  willing  that  John  should  marry  her.  His  father 
then  said  that  he  thought  he  should  not  live  long  and  would 
give  to  his  son  John  all  his  living,  both  land  and  stock,  he  to 
maintain  his  mother  and  pay  to  Martha  Thorne,  his  sister, 
201i.;  he  had  given  to  deponent  all  he  had  intended  he  should 
have  and  had  paid  to  his  daughter  Sarah  Jacobs  501i.  which 
was  all  she  should  have,  and  to  his  daughter  Thorne  301i., 
and  201i.  more  she  should  have  from  John,  if  the  father  did 
not  live  to  pay  it.  Mary  Lambert,  aged  twenty  years,  de- 
posed that  she  heard  her  master  Browne  speak  these  words. 
Sworn  in  court. 

Andrew  Borlay,  aged  about  twenty-one  years,  deposed 
that  when  he  lived  with  old  Goodman  Browne,  etc.  Sworn 
in  court. 

*  Autograph. 


190  SALISBURY    QUARTERLY    COURT  [Apr. 

was  ordered  to  pay  the  debts  as  far  as  the  estate  will  go,  a 
return  having  been  made  by  the  committee  appointed  to  find 
out  the  amount  of  the  estate. 

Mr.  William  Symond  dying  intestate,  the  Honored  Gov- 
ernor Symon  Bradstreet,  Esq.,  Major  Hathorne,  Esq.,  and 
the  clerk,  on  June  17,  1679,  appointed  Mrs.  Mary  Symonds, 
the  relict,  and  Mr.  Jonathan  Wade,  administrators,  who  were 
ordered  to  bring  in  an  inventory  to  the  next  Ipswich  court. 
Mr.  Jonathan  Wade  bound. 

Court  held  at  Salisbury,  Apr.  8,  1679. 

Grand  jury:  Henry  Brown,  foreman,  Jno.  Cleford,  sr., 
Godfrey  Deareborn,  Abraham  Cole,  Henry  Deareborne,  Jno. 
Ilsly,  Jno.  Stevens,  sr.,  Jno.  Gill,  Peter  Foulsham,  Edmond 
Elliott,  Jno.  Weed.  Robert  Eyer  and  Tho.  Eyer. 

Jury  of  trials:  Nath.  Weare,  foreman,  Willi.  Buswell,  Tho. 
Mudgett,  Jno.  French,  Nathll.  Easman,  Peter  Eyer,  Josiah 
Gage,  Henry  Moulton,  Edw.  Gove,  John  Barnard,  Theophilus 
Dudley  and  James  Kid. 

James  Davis  v.  John  Wells.  For  said  Wells'  tenant,  Jotham 
Hendrick,  keeping  possession  of  five  acres  of  land  in  the  great 
plain  of  Haverhill,  sold  to  plaintiff  by  deed  dated  Apr.  2,  1678, 
and  for  which  he  received  no  rent.  Verdict  for  plaintiff,  the 
land  sued  for. 

Daniel  Thurston  of  Newbury,  attorney  to  James  Davis, 
sr.  of  Haverhill.  For  a  12011.  "tooke  caution"  by  mortgage 
to  secure  him  for  being  molested  about  the  debt,  but  since 

Bond,  dated  Dec.  24,  1667,  given  by  Edmond  Bridges* 
to  William  Paterson,  for  21i.  12s.  in  wheat  at  4s.  6d.  per  bushel 
at  said  Paterson's  storehouse  in  Ipswich.  Wit:  Jeremiah 
Belcher*  and  John  How.*  Acknowledged  before  Robert 
Lord,*  cleric. 

From  Samuel  Dalton's  Commissioners'  Records.     See  ante,  vol.  5,  p.  235. 

Ensign  Steven  Greenleaf  of  Newbury  and  Ester  Swet,  widow  of  Captain 
Swet,  were  m-irried  Mar.  31,  1679. 

On  Mar.  10,  1678-9,  Nicolas  Noris,  convicted  for  being  distempered  with 
drink  sometime  in  the  beginning  of  this  winter,  was  fined. 

On  Mar.  25,  1679,  Bily  Dudly  was  fined  for  telling  a  he  in  his  discourse 
with  Ensign  Samborn  on  Mar."  10,  whereby  he  deceived  said  Samborn  of 
2s.,  filso  for  vain  swearing.  He  was  to  retm-n  the  money  and  make  ac- 
knowledgment before  the  present  assembly  that  he  was  ver}'  sinful  in  swear- 
ing vainly  or  offering  to  swear  when  he  knew  his  evidence  was  vain. 

*  Autograph. 


1679]  RECORDS    AND    FILES  191 

had  been  prosecuted  and  the  account  recovered  against  him 
so  that  said  Thurston  was  compelled  to  sue  for  possession  of 
the  land,  meadow  and  commonage  in  Haverhill  made  over 
and  sold  to  him.     Verdict  for  plaintiff. 

Wm.  Osgood  v.  Phillip  Challis,  Wm.  Barns  and  Samll. 
Worster  and  Susanna  Whitridg,  administratrix  of  the  estate 
of  Anthony  Colby,  deceased.  For  not  making  good  a  cov- 
enant which  he  made  with  the  town  of  Salisbury,  concerning 
a  grant  of  land  and  the  erection  of  a  sawmill.  Verdict  for 
defendant. 

Capt.  Walter  Barefoot  v.  Christopher  Palmer.  Review  of 
a  case  tried  at  Salisbury,  Apr.  9,  1678,  concerning  the  breach 
of  a  bond  of  arbitration,  in  which  Jno.  Redman,  attorney, 
and  Richd.  Bradley  were  bound.     Withdrawn. 

Hugh  Marsh  v.  Wm.  Hilton.  Debt.  For  10  M  feet  of 
pine  boards  which  should  have  been  paid  at  Lamprele  river 
landing  place.     Verdict  for  defendant. 

Town  of  Haverhill  v.  Robert  Swan.  For  inclosing  in  his 
land  a  town  highway  by  fencing  between  his  land  and  that  of 
Tho.  Davis,  which  highway  leads  from  the  common  highway 
to  the  west  bridge  and  thence  down  to  a  place  where  a  sawmill 
formerly  stood  near  Ensign  Pecker's  now  dwelling  house. 
Verdict  for  defendant. 

Town  of  Haverhill  v.  Robert  Swan.  For  fencing  in  near 
his  present  house  a  common  highway  belonging  to  the  town, 
keeping  the  inhabitants  from  the  use  of  it,  and  notwithstand- 
ing the  town's  complaint  about  five  years  since,  has  again 
stopped  up  said  way,  which  is  commonly  called  Bartholomew 
Heath's  cart  way  and  leads  from  Henry  Palmer's  to  the  west 
bridge  behind  the  said  Swan's  house,  and  to  the  northward 
of  several  house  lots  between  Palmer's  and  Swan's.  Verdict 
for  defendant. 

Court  ordered  that  Haverhill  attorneys  should  have  their 
papers  delivered  to  them  in  the  cases  against  Swan  because 
the  jury  nonsuited  them  for  want  of  legal  attorneyship,  which 
they  alleged  in  court  was  their  reason  for  finding  against  them. 

Mr.  Jno.  Groth  v.  Tho.  Mudgett.  For  withholding  pay 
due  him  as  a  chirurgeon  in  curing  one  of  defendant's  appren- 
tices, Samll.  Getchell,  in  September  and  October  last,  and 
for  medicine.     Verdict  for  defendant. 


192  SALISBURY    QUARTERLY    COURT  [Apr. 

Samll.  Felloes  v.  Abraham  Brown.  For  withholding  a 
debt  of  seven  pounds  due  upon  a  bond  of  arbitration,  Jno. 
Clough  and  Ephraim  Winsly  being  arbitrators.  Verdict  for 
plaintiff.  Appealed  to  the  next  Court  of  Assistants.  Hen, 
Brown,  sr.  and  Abraham  Brown  bound. 

Robert  Downer  v.  Mr.  Jno.  Stockman.  For  not  satisfying 
him  for  work  done  for  him  in  1678,  felling  timber,  hewing  and 
framing  and  setting  up  a  house  for  him,  24  feet  long  and  20 
feet  in  breadth,  now  standing  to  the  northward  of  the  former 
dwelling  house,  also  other  finishing  work  done  to  said  house 
and  cellar  under  it,  cutting  out  passages  from  one  room  to 
another.     Nonsuited. 

Robert  Downer  v.  Jno.  Hendrick.  Review  of  a  case  tried 
at  Hampton  court,  Oct,  9,  1677.  For  not  paying  him  for  a 
month's  work  about  three  or  four  years  ago  when  he  was 
framing  or  building  a  house  for  Hue  Marsh  at  Nubery.  With- 
drawn. 

Capt.  White  v.  Wm.  Sargent.  Trespass.  For  cutting  and 
carrying  away  the  timber  of  said  Paul  White  from  his  land 
in  Amsbery  without  his  knowledge.  Verdict  for  defendant. 
Appealed  to  the  next  Court  of  Assistants.  Mr.  Tho.  Wood- 
bridg  and  Jno.  Allin  bound. 

Capt.  White  v.  Jotham  Hendrick.  Trespass.  For  cutting 
and  carrying  away  timber  of  said  Paul  White  in  Amsbery. 
Verdict  for  defendant.  Appealed  to  the  next  Court  of  Assist- 
ants.    Tho.  Woodbridg  and  Jno.  Alhn  bound. 

Capt.  White  v.  Josiah  Heath.  Trespass.  In  cutting  and 
carrying  away  a  quantity  of  cedar  from  plaintiff's  land  in 
Amesbury.  Verdict  for  defendant.  Appealed  to  the  next 
Court  of  Assistants.  Mr.  Thos.  Woodbridg  of  Nubery  and 
John  Allin  of  Salisbury  bound. 

Joseph  French  v.  Jno.  Griffyn.  For  not  paying  him  55 
shillings.     Withdrawn. 

Danll.  Ela  v.  Robt.  Clements.  For  withholding  pay  due 
by  book.  Special  verdict.  If  the  law  entitled  "book  debts" 
allowed  the  evidence  in  this  case  to  stand,  they  found  for  plain- 
tiff, in  corn,  cattle  or  staves,  if  not,  for  defendant.  Court 
gave  judgment  for  plaintiff. 

Christopher  Palmer  v.  Danll.  Tilton.  Review  of  a  case 
tried  at  Salisbury  in  April,  1678,  in  which  Tilton  was  plaintiff 


1679]  RECORDS    AND    FILES  193 

against  Palmer,  for  selling  and  delivering  fifty  acres  of  land 
near  Tayler's  river.  Verdict  for  plaintiff,  a  reversion  of  the 
former  judgment.  Appealed  to  the  next  Court  of  Assistants. 
Tilton  and  Redman  bound. 

Danll.  Ela  v.  Danll.  Clements.     Debt.     Withdrawn. 

In  the  action  of  Major  Pike  v.  Jno.  Wells  at  the  last  Hamp- 
ton court,  judgment  was  entered  in  this  court. 

Henry  Robye's  license  to  keep  ordinary  at  Hampton  was 
renewed  by  this  court. 

Willi.  Hackett  v.  Capt.  Nicolas  Page.    No  attachment  served. 

Joseph  Perkins,  presented  for  striking  Josiah  White,  and 
court  being  informed  that  his  father  had  given  him  correction 
for  his  fault,  was  discharged. 

Mary,  wife  of  Samuell  Foulsom,  presented  for  absence 
from  the  public  worship  of  God,  was  ordered  to  appear  before 
Capt.  Gillman. 

Robert  Downer  acknowledged  judgment  to  Ephraim  Brown 
in  white  oak  pipestaves. 

Arthur  Benick  acknowledged  judgment  to  Hugh  March 
of  Nubery. 

Upon  request  of  Mr.  Tho.  Bradbury  and  Caleb  Moody, 
they  were  appointed  administrators  of  the  estate  of  Mr. 
William  Bradbury  and  were  ordered  to  bring  in  an  inventory 
to  the  next  Hampton  court. 

John  Griffyn  of  Bradford  acknowledged  judgment  to  Joseph 
French,  sr.,  of  Salisbury. 

Jno.  Stanian  was  discharged  of  his  presentment  made  at 
Hampton  court  last. 

James  Davis,  jr.,  in  open  court  renouncing  executorship 
according  to  his  father's  will  and  the  rest  of  his  relations 
being  absent  or  withdrawn,  was  appointed  administrator 
of  the  estate  of  James  Davis,  sr.,  late  of  Haverhill,  deceased, 
and  was  ordered  to  bring  in  an  inventory  to  the  next  Hampton 
court. 

Tho.  Bradbury,  Phillip  Challis  and  John  Weed,  appointed 
Apr.  8,  1678,  at  Salisbury  court,  to  divide  the  estate  of  Thomas 
Barnard,  late  of  Amsbury,  reported  on  Apr.  6,  1679,  as  follows: 
to  the  widow  Barnard,  2001i.;  to  Tho.  Barnard,  the  eldest 
son,  831i.;  to  the  remaining  eight  children,  each  411i.  10s.; 
the  overplus,  the  mother  was  to  have. 


194  SALISBURY    QUARTERLY    COURT  [Apr. 

John  Emerie,  sr.,  aged  about  eighty-one  years,  testified 
that  about  forty  years  ago  he  saw  laid  out  to  William  Estow 
then  living  in  Nuberie  a  four  acre  lot,  being  a  house  lot  and 
twelve  acres  of  meadow,  bounded  by  Great  Pine  Island  creek 
southerly,  land  of  Toppan,  formerly  Moulton's,  easterly,  land 
of  Emerie  northerly  and  land  of  William  Sawyer,  formerly 
Palmer's  westerly,  between  Great  Pine  Island  and  Plum 
Island,  which  land  said  Estow  sold  to  William  White,  and 
White  to  Tho.  Jones  of  Hampton,  and  Jones  to  deponent  for 
William  Ilsly,  sr.,  who  has  peaceably  enjoyed  it  from  1643 
to   date.     Sworn   in   court. 

Robertt  Jones,  for  suspicion  of  stealing  a  parcel  of  boards 
from  Nehemiah  Partredg,  was  judged  by  the  court  not  guilty 
of  theft  and  therefore  not  culpable  on  that  account,  but  finding 
him  faulty  in  taking  the  boards  in  a  disorderly  way  was 
ordered  to  pay  costs. 

Whereas    Arthur    Bennett,    Georg    Sweett,    Elias  Cr , 

Tho.  Stidmun  and  Mary  Jones,  wife  of  Georg  Jones,  were 
summoned  to  appear  to  answer  for  their  misdemeanors  and 
having  defaulted,  court  ordered  that  the  constable  of  Exeter 
bring  them  before  authority  to  be  bound  over  to  the  next 
Hampton  court  for  contempt  of  authority. 

Samll.  Colbie's  license  to  keep  ordinary  for  Eamsbery  for 
the  ensuing  year  was  renewed  and  liberty  granted  him  to  sell 
wine  and  strong  waters  to  strangers. 

Cornet  Severance's  license  to  keep  ordinary  for  the  year 
ensuing  was  renewed. 

Sam.  Watts,  presented  for  quarrelling  with  Ben.  Allin  and 
confessing  it,  was  fined  ten  groats. 

Samll.  Gatchel,  presented  for  reeling  and  staggering  in  the 
streets  Hke  a  drunken  man,  and  other  very  unseemly  carriages, 
was  fined. 

Capt.  Jno.  Gillman's  license  to  keep  the  ordinary  for  Exeter 
was  renewed. 

Mr.  Jno.  Groth  declared  in  open  court  that  he  impowered 
Danll.  Ela  of  Haverhill  to  be  his  attorney  in  the  action  with 
Tho.  Mudget. 

Mr.  Jno.  Groth  was  allowed  by  this  court  to  practise  physic 
and  chirurgery. 


1679]  RECORDS   AND    FILES  195 

Bartholemew  Heath  made  default  and  his  bond  was  de- 
clared forfeited. 

Henry  Brown  was  licensed  to  sell  wine  to  supply  the  ne- 
cessity of  sick  folk. 

Barthol.  Heath  of  Haverhill,  presented  for  two  acts  of 
drunkenness  and  not  appearing  was  bound  over  to  this  court, 
and  again  making  default,  sending  word  that  he  could  not 
come,  was  found  guilty  and  fined. 

Jno.  Allin,  complained  of  for  words  uttered  by  him  when 
spoken  to  about  going  abroad  so  suddenly  after  he  had  the 
small  pox,  was  to  have  a  legal  admonition. 

Mrs.  Sarah  Stockman's  fine,  which  was  imposed  because 
she  did  not  appear  at  Hampton  court  as  a  witness  in  a  pre- 
sentment against  Jno.  Eaton,  sr.,  was  remitted  upon  hearing 
her  excuse. 

Exeter,  being  presented  for  want  of  stocks,  was  fined,  upon 
reasons  given  by  Capt.  John  Gillman. 

Susanna  Buswell,  relict  of  Isaac  Buswell,  jr.,  was  appointed 
administratrix  of  the  estate  of  Isaac  Buswell,  and  was  ordered 
to  bring  in  an  inventory  to  the  next  Hampton  court  and  to 
take  good  care  for  the  maintenance  of  the  children. 

Ten  shillings  were  ordered  to  the  servants  of  the  house 
and  wherever  the  members  of  the  court  had  been  enter- 
tained. 

Josiah  White,  presented  for  fighting,  confessed  it,  and  was 
fined  ten  groats. 

Court  held  at  Salem,  June  24,  1679. 

Grand  jury:  Leift.  Jeremiah  Neale,  Frances  Scerry,  Chris- 
topher Babbadg,  Hen.  West,  John  Devorix,  John  Abby, 
Oneispherus  Allen,  John  Davis,  John  Burrell,  Samuell  John- 
son, Robert  Potter,  John  Collens  and  Humphry  Woodbery. 

Jury  of  trials:  Ensign  John  Fuller,  Mr.  Hilliard  Veren,  Mr. 
Ben.  Gerrish,  Jon.  Sanders,  Joshua  Ward,  Tho.  Putnam,  jr., 
Frances  Nursse,  William  Nick,  John  Fiske,  Joseph  Dodg, 
Will.  Hascall,  jr.,  Daniell  Huchens,  Jacob  Knights,  Samuell 
Tarbox  and  Sam.  Cobbit. 

Mr.  Timothy  Lindall  v.  Robert  Starr.  Debt.  Verdict  for 
plaintiff.  Christopher  Wadsworth  testified  that  he  carried  a 
summons  to  Boston  and  inquiring  for  any  place  of  Starr's 


196  SALEM    QUARTERLY    COURT  [June 

abode  heard  of  none,  but  left  the  summons  with  Mr.  Chickly's 
wife  who  was  said  to  be  Starr's  attorney.* 

Marke  Graves,  who  married  Elizabeth  Farrington,  widow, 
relict  of  John  Farrington,  late  deceased,  and  administratrix  of 
the  estate  v,  Mathew  Farrington,  sr.  For  withholding  or 
refusing  to  deliver  half  of  the  tide  mill.     Verdict  for  defendant.! 

*Writ,  dated  17  :  4  :  1679,  signed  by  Hilliard  Veren,|  for  the 
town  of  Salem,  and  served  by  Henry  Skerry,t  marshal,  by 
attachment  of  house  and  land  of  defendant. 

Timo.  Lindall's  bill  of  cost,  Hi.  12s.  2d. 

Jno.  Hill  and  Thomas  Woodbery  deposed  that  they  being 
present  at  Timo.  Lindall's  house  when  he  made  up  accounts 
with  Robert  Starr  about  a  ketch  which  the  latter  had  built 
for  Lindall  and  partners,  there  remained  due  to  Lindall  about 
151i.     Sworn  in  court. 

Robert  Starr,  Dr.,  9:4:  1677,  due  13611.  4s.  5d.;  Cr.  by  a 
Catches  hull  built  1677,  11611.  8s.;  overcharge,  31i.  6s.  9d.; 
due,  161i.  9s.  8d.,  with  intrest  at  8  per  cent.,  for  two  years, 
46s.  6d.;   total  due,  181i.  16s.  2d. 

fWrit,  dated  16  :  4  :  1679,  signed  by  John  Wayte,J  for  the 
town  of  Maiden  and  served  by  Jon.  Witt,t  constable  of  Lyn. 

Mathew  Farrinton's  bill  of  cost,  21i.  4s.  6d. 

Copy  of  will  of  Edmond  Farington,  dated  Aug.  12,  1667, 
made  by  Robert  Lord,  J  cleric.  || 

Copy  of  inventory  of  John  Farrington,  taken  May  14,  1665, 
made  by  Hilliard  Veren,t  cleric. § 

Nathanell  Hanforth,  aged  about  seventy-two  years,  deposed 
that  being  warned  by  Henry  Rhodes  to  appear  at  the  Com- 
missioners' court  in  Line,  14  :  2  :  1663,  John  Fuller  appearing 
on  his  father  Edmond  Farrington's  behalf,  pleaded  that  Henry 
Rhodes  showed  a  wronged  man  and  was  nonsuited.  Sworn 
in  court. 

Henry  Rhodes,  aged  about  seventy-one  years,  testified 
that  he  showed  Edmond  Farrington  before  the  Commissioners 
for  raising  the  water  in  Line  river  whereby  his  sedge  land  was 
damaged.     Sworn  in  court. 

Copy  of  Salem  court  records,  27  :  9  :  1666,  relating  to  the 
settlement  of  John  Farrington's  estate,  made  by  Hillyard 
Veren,t  cleric. 

John  Fuller  and  Mathew  Farrington  deposed  that  being 
desired  to  be  present  at  a  contract  of  marriage  between  John 
Farrington  and  Elizabeth  Knight,  John's  father  Edmund  was 
asked  what  he  would  give  his  son.  He  replied  that  he  would 
give  him  half  his  corn  mill,  half  his  upland  and  meadow  and 
half   his   cattle.     The   remainder   said    Edmund    declared   he 

t  Autograph.     §  See  ante,  vol.  3,  p.  336.     |1  See  ante,  vol.  4,  p.  327. 


1679]  RECORDS    AND    FILES  197 

would  keep  in  his  hands  and  dispose  of  it  at  his  death  as  he 
saw  fit.  William  Bartram,  aged  about  fifty  years,  deposed. 
Sworn,  Aug.  20,  1666,  before  John  Leveret,  assistant.  Copy 
made,  June  15,  1668,  by  Robert  Lord,*  cleric. 

William  Miller,  aged  about  twenty-six  years,  deposed  that 
in  discourse  between  Joseph  Jencks  and  Edmond  Farington, 
standing  upon  the  land,  Jencks  showed  him  the  bound  stake 
and  told  him  which  was  his  land  and  which  was  Elizabeth 
Farington's.  Said  Jencks  told  Farrington  that  all  he  desired 
was  that  the  children  might  enjoy  that  part  which  he  was  to 
have  for  his  wife  and  his  maintenance  while  they  lived  and 
that  the  children  of  John  Farington  might  have  it  after  the 
decease  of  said  Edmond  and  wife.  He  further  said  that  he 
never  intended  to  deprive  them  of  it  and  all  the  world  could 
not  persuade  him  to  do  so.  Sworn,  22  :  6  :  1666,  before  Wm. 
Hathorne.* 

Moses  Chadwell,  aged  about  twenty-nine  years,  deposed 
that,  working  at  the  mill  from  time  to  time,  etc.  Mathew 
Farington  had  had  the  meadow  in  Roumblye  marsh  because 
John  was  a  "weakly  man"  and  could  not  go  so  far  as  Rumblye 
marsh.  This  meadow  of  John's  lay  very  convenient  to  the 
mill,  etc.     Sworn,  22  :  7  :  1666,  before  Wm.  Hathorne.* 

Thomas  Browne,  aged  about  forty  years,  deposed  that  John 
Farrington  told  him  that  if  his  father  were  willing  he  would 
pull  up  the  mill  and  go  to  a  new  plantation:  "Why  sayd  I 
your  Father  hath  done  well  for  you,  and  hath  given  you  a 
good  estate.  Then  sayd  John  Farington  to  me,  cossen  you  doe 
not  know  how  it  is  my  Father  hath  given  me  but  the  one  halfe 
of  this  mill  and  land."  Sworn,  Aug.  20,  1666,  before  Jno. 
Leverett,  assistant.  Copy  made,  June  15,  1668,  by  Robert 
Lord,*  cleric. 

Richard  Haven  and  Thomas  Nuehall  deposed  that  they 
were  at  the  tide  mill  in  Linne  with  Edmond  Farington  and 
his  son  Mathew  and  Joseph  Jenckes  and  his  mother  Breade 
and  her  daughter  Farington,  at  the  dividing  of  the  mill  and 
land.  Jenckes  and  his  sister  laid  claim  to  the  whole,  etc. 
Sworn  in  court. 

Sarah  Witt  and  Parnell  Kertland  deposed  that  Mathew 
Farington,  sr.,  had  kept  and  maintained  his  aged  father  and 
mother  ever  since  his  brother  John  Farinton  died,  which  is 
about  thirteen  years.  His  mother  was  a  sickly  woman  a 
great  part  of  this  time  and  not  able  to  keep  herself  any  more 
than  a  child,  and  was  kept  like  a  sick  body  by  reason  of  her 
great  age.  She  lived  until  she  was  a  hundred  years  old  "want- 
ing Two  or  thare  abought"  and  his  father  lived  until  he  was 
four  score  and  eight.      Mathew  and  his  wife  were  very  kind 

*  Autograph. 


198  SALEM    QUARTERLY    COURT  [JunC 

Robert  Knight  v.  Samuell  Leach.  Trespass.  Verdict  for 
plaintiff.  [Defendant  owned  that  the  plaintiff  had  Blindman's 
right  in  Gloster.  —  Waste  Book.]* 

to  them  and  they  did  not  want  for  anything  that  was  good 
and  needful,  as  meat,  drink  and  clothing,  both  in  sickness  and 
health.     Sworn  in  court. 

Elizabeth  Bread,  aged  about  fifty-nine  years,  deposed  that 
at  the  making  of  the  match  between  Jno.  Farington  and  her 
daughter  Elizabeth,  now  a  widow,  she  asked  Mathew  if  he 
would  not  give  John  the  other  half  at  the  death  of  himself  and 
wife,  and  he  said  he  would,  all  except  the  cattle,  as  John  had 
a  stock  of  horses  or  horse  flesh  of  his  own.  Joseph  Janckesf 
of  Providence,  sometime  past  of  Line,  testified  to  the  same. 
Sworn,  22  :  6  :  1666,  before  Wm.  Hathorne.f 

John  Floyd,  aged  about  forty-two  years,  deposed  that  the 
year  John  Farington  married  Elizabeth  Knight,  etc.  The 
other  half  of  the  property  was  to  go  to  John's  children.  Sworn 
in  court. 

*Writ:  Robert  Knight  of  Marblehead  v,  Samuell  Leach  of 
Manchester;  trespass;  for  cutting  a  considerable  quantity 
of  wood  on  land  formerly  Mr.  Blindman's,  given  him  by  the 
town  of  Gloster,  defendants  claiming  it  to  be  in  the  town  of 
Manchester;  dated  June  16,  1679,  signed  by  Hilliard  Veren,t 
for  the  town  of  Salem;  and  served  by  Henry  Skerry, f  marshal 
of  Salem. 

Robert  Knight's  bill  of  cost,  41i.  5s.  8d. 

Copy  of  a  record  of  the  General  Court  for  Elections  held  at 
Boston,  May  3,  1642,  by  which  William  Hauthorne  and  Ed- 
ward Hollioke  and  Mathew  Boyd  agreed  "w**"  the  consent  of 
Ipswich  Cape  Anne  &  Geofferys  Creeke  that  their  bounds 
shall  lye  as  followeth  That  all  the  land  lying  betweene  Ipswich 
&  Cape  Ann  meeting  houses  shall  be  divided  sixe  miles  to 
Ipswich  &  fower  to  Cape  Ann  where  there  are  tenn  miles  and 
so  by  proportion  where  lesse  that  is  of  fifths:  three  parts  to 
Ipswich  for  two  to  Cape  Ann  and  where  there  is  more  then 
tenn  miles  the  Remainder  to  lye  to  Jeofferys  Creeke.  this  to 
be  measured  before  the  next  Generall  Courte."  Accordingly 
the  bounds  between  Cape  Ann  and  Ipswich  are:  "at  a  white 
oake  marked  on  fower  sides  about  one  hundred  &  twelue  rods 
in  a  southeast  &  by  east  lyne  betwixt  the  meeting  house  to  the 
southward  of  chebeaque  marshes  and  from  theare  by  quarter- 
ing the  Compasse  by  a  southwest  &  by  south  and  by  a  north 
east  &  by  north  line  to  be  the  bounds  betwixt  the  two  planta- 
tions."    Copy  made  by  Edward  Rawson,t  secretary. 

Copy  of  a  record  of  the  General  Court  held  at  Boston,  May 

t  Autograph. 


1679]  RECORDS    AND    FILES  199 

15,  1672,  by  which  Thomas  Lawthrop  and  Joseph  Gardiner, 
set  the  bounds  between  Glocester  and  Manchester  at  a  meet- 
ing at  the  former  place,  Sept.  19,  1671,  as  follows:  for  Glocester, 
"we  haue  run  a  line  upon  a  west  southwest  course  from  Glocester 
meeting  house  fower  miles  and  there  marked  a  Pyne  tree 
which  is  the  bounds  at  that  place  betweene  the  said  Townes 
and  from  thence  upon  a  streight  Hne  to  a  white  oake  which 
m^  Joseph  Gardiner  formerly  sett  for  the  bounds  and  from 
thence  to  another  white  oake  tree  at  the  Coming  in  of  a  little 
Creeke  at  the  east  end  of  a  Beach  and  Manchester  to  end  at 
the  white  oake  which  is  by  the  said  Beach  and  from  the  Aboue 
said  tree  Glocester  to  keepe  the  fower  miles  untill  they  meete 
w*''  Ipswich  line."     Copy  made  by  Edw.  Rawson,*  secretary. 

Samll.  Gatshell*  and  Thomas  Nicklson*  deposed  that  they 
found  the  bounds  of  Robert  Knight's  farm  at  Kittle  Cove  to 
begin  "at  the  Little  pond  and  from  thence  to  a  White  Oake 
on  the  uper  side  of  the  Marsh  and  from  thence  ouer  a  plaine 
to  a  white  oake  marked  on  the  brow  of  a  Hill  and  from  thence 
ouer  the  Hill  on  a  straight  Line  to  the  next  Brooke  toward 
Gloster  and  by  the  Brooke  side  into  the  sea  as  may  appear  by 
the  Records  of  Gloster:  which  we  have  compared  with  the 
said  Markes  and  find  them  agreable."  Sworn,  Sept.  16,  1678, 
before  Moses  Mavericke,*  commissioner. 

Copy  of  records  of  Gloscester,  made  June  13,  1679,  by 
Thomas  Riggs,*  recorder:  "llth3m°43.  M'  Richard  Blyn- 
mans  Farme  four  score  Acres  of  upland  att  Kettle  Coue  giuen 
and  the  necke  of  Land  beond  the  marsh  and  all  the  marshe  if 
it  bee  not  30  Acres  and  if  it  be  30  Acres  then  to  haue  but  20 
Laid  out  and  bounded  from  the  Litle  pond  aioyninge  to  the 
sea  and  the  necke  beond  the  marsh  and  Two  beach  trees  one 
by  the  rocke  side  by  the  pond  and  and  the  other  neere  to  it 
and  from  there  on  a  straight  Lyne  to  a  white  oake  marked  by 
the  first  Coue  side  that  goes  into  the  marshe  and  soe  on  a 
straight  Lyne  to  a  white  oake  marked  on  the  Brow  of  a  hill 
att  the  hed  of  the  plaine  on  this  side  the  marsh  and  on  A 
straight  Lyne  to  the  next  brooke  and  so  by  the  brooke  side 
to  the  sea  and  all  the  marsh." 

Jams  Stevens  and  Steven  Glover  deposed  that  when  they 
were  running  the  line,  Manchester  men  said  Gardner  had 
power  to  make  the  bounds  where  he  wished.  Gardner  replied 
that  he  did  not  come  to  meddle  with  the  bounds  of  the  farm 
that  was  given  to  Mr.  Blinman,  for  he  said  that  Robert  Knight 
would  keep  the  farm,  let  it  fall  on  which  side  of  the  farm  it 
would.  He  cited  some  land  up  toward  Topsfeild.  William 
Sargaint,  sr.,  testified  to  the  same.     Sworn  in  court. 

William  Sheldon  and  WiUiam  Beale,  accompanied  by  some 
Gloster  men,  Goodman  Persons,  Goodman  Glover  and  Good- 

*  Autograph. 


200  SALEM    QUARTERLY    COURT  [June 

man  Prince,  at  the  request  of  Robert  Knight,  sr.,  of  Marble- 
head,  ran  the  line  as  follows:  "wee  began  at  Gloster  meeteing 
house;  wee  set  the  Compass  uppon  a  south  weast  pointe  & 
so  wee  ranged  the  woods  as  neere  the  same  pointe  as  possible 
wee  could  on  y"  same  pointe  till  wee  came  to  A  greate  Rock 
beinge  on  y^  north  or  north  weast  side  or  there  aboute  of  A 
littlee  ponde  to  the  pointe  of  the  same  Rock,  neere  Adioyne- 
inge  to  the  path  which  goeth  betwixt  manchester  &  Gloster, 
wee  founde  it  by  Measure  from  Gloster  meeteing  house  to  the 
Aforesayed  rock  beeinge  measured  as  well  as  possibly  wee 
Coulde  ackcordinge  to  our  best  scill  &  iugdmente  to  bee  fours 
miles  in  length  from  gloster  meetinge  house  to  y''  pointe  of  the 
Rock  Aforesayed  goodman  persons  &  goodman  Glover  carried 
y^  line  William  Beale  goodman  Glover  &  goodman  Prince 
kept  y*"  ackcounte  &  all  Agred  in  theire  reckoninge  at  y*"  four 
miles  end  as  aforesayed  &  y^  Aforesayed  William  Sheldon  set 
the  Compass  &  ran  the  range."  They  also  testified  that  upon 
Apr.  5,  1679,  Robert  Knighte,  sr.,  requested  William  Bennit 
and  some  others  of  Manchester  who  were  selectmen  of  Man- 
chester to  run  the  line  between  Manchester  and  Gloster,  but 
they  refused.  Sworn,  May  10,  1679,  before  Moses  Mavericke,* 
commissioner. 

John  Devoreux,  sr.,  aged  about  sixty-four  years,  testified 
that  about  thirty-four  years  ago  he  cut  hay  in  Kittell  Cove 
marsh  and  was  forbidden  by  Mr.  Blinman,  minister  of  Cape 
Ann,  but  they  afterwards  agreed.  Tho.  Bowen,  at  that  time 
servant  of  Mr.  Devoreux,  testified  to  the  same.  Sworn  in 
court. 

Samll.  Gatshell,*  mariner,  testified  that  about  seven  years 
ago,  he  ran  the  line,  etc.  Sworn,  July  17,  1678,  before  Moses 
Mavericke.* 

Anthony  Day,  aged  about  fifty-six  years,  deposed  that 
when  Mr.  Blinman  lived  in  Gloster,  he  had  cleared  the  road 
several  times  for  the  surveyors,  etc.  William  Sergaint,  sr., 
testified.     Sworn  in  court. 

Thomas  Judkin,  aged  about  fifty  years,  testified  that  he  had 
worked  on  the  roads  and  had  marked  trees  and  cleared  the 
way  to  the  pine  hill  on  the  westerly  side  of  the  little  pond. 
Sworn  in  court. 

John  Knight,  aged  about  nineteen  years,  deposed  that  last 
summer  he,  his  father  Robert  Knight  and  his  brother  Robert 
were  at  Kittell  cove  and  saw  Onisipras  Allin  and  his  brother 
William  Allin  mowing  in  his  father's  marsh.  The  Allins  and 
Knights  agreed  when  Samuell  Leatch  came  up  and  Onisipras 
said  "heare  is  a  man  that  haue  cutt  a  hundred  courdes  of 
wood  upon  yo""  land  &  you  say  nothing  to  him."  Samuell 
Leatch  replied  that  he  had  cut  a  great  deal  and  intended  to 

*  Autograph. 


1679]  RECORDS    AND    FILES  201 

Tho.  West,  John  Sibly  and  John  EUetrop,  agents  or  attor- 
neys for  the  town  of  Manchester  v.  Robert  Knight.  Trespass. 
Verdict  for  plaintiff.* 

cut  a  great  deal  more.  Robert  Knight,  aged  about  sixteen 
years,  testified  to  the  same.     Sworn  in  court. 

James  Stevens,  aged  about  forty-eight  years,  testified  that 
thirty  years  ago  he  helped  clear  the  highway  between  Gloster 
and  Manchester,  etc.     Sworn  in  court. 

William  Beale,  aged  forty-nine  years,  deposed  that  about 
eighteen  years  ago,  as  the  deputy  of  Mr.  Samuell  Archer,  the 
marshal,  he  served  an  attachment  upon  some  of  the  creek 
inhabitants,  etc.  Goodman  Knight  argued  that  what  the 
creek  men  did  upon  his  farm,  they  did  it  in  "hagger  mugger" 
and  very  dishonestly,  etc.     Sworn  in  court. 

*Writ,  dated  16  :  4  :  1679,  signed  by  Hilliard  Veren.f  for 
the  town  of  Salem,  and  served  by  Henry  Skerry,t  marshal  of 
Salem.     Bond  of  Robard  Knight. f 

John  Norman  and  Ledia  Bishop  deposed  that,  in  1651,  said 
Norman  and  Isaac  Foot  were  employed  by  the  town  of  Man- 
chester to  look  after  cattle  which  were  wintered  upon  the 
land  now  in  controversy,  etc.     Sworn  in  court. 

John  Sibly  and  Robert  Leach  deposed  that  the  committee 
from  the  General  Court  who  settled  the  bounds  were  Capt. 
Thomas  Lathrope,  Lt.  Samuell  Apleton  and  Mr.  Joseph 
Gardner.     Sworn  in  court. 

Samuell  Leach  and  John  Sibbly  deposed  concerning  carry- 
ing away  timber  from  the  land.     Sworn  in  court. 

Town  of  Manchester's  bill  of  cost,  31i.  lis.  2d. 

Copy  of  a  record  of  the  General  Court  at  Boston,  13  :  3  : 
1640,  made  by  Edward  Rawson,t  secretary:  "The  petition  of 
the  Inhabitants  of  Salem  for  some  of  their  church  to  haue 
Jeofferys  Creeke  &  land  to  erect  a  village  there;  for  m'  william 
Walton  John  Blacke  Willi.  Allen,  Sam.  archard  George  Norton 
&  Compa  what  land  &  inlargement  may  be  convenient,  and 
is  not  granted  to  any  other  Plantation  is  granted  them  and  It 
is  referred  to  m''  John  Winthrope  Jun  &  M''  Symon  Broad- 
streete  to  setle  the  bounds  of  the  said  village." 

William  Walton,t  John  Blacke,t  Willm.  Allen, f  Samuell 
Archard, t  George  Norton,!  William  Dicksie,t  John  Sibley,t 
James  Standidg,t  John  Freind,t  John  Pickworth,t  John  Gally,t 
Benjamin  Parmiter,t  Robert  Allen, f  John  Norman,t  Edmund 
Grover,t  Pascay  Footef  and  Willm.  Bennet,t  "belonging  to 
y"  Church  &  Towne  of  Salem  (being  straitned  in  our  accomo- 
dations, so  y*  we  are  not  able  comfortably  to  subsist,  hauing 
advised  &  taken  counsel  about  o"'  present  state  &  condition 

t  Autograph. 


202  SALEM    QUARTERLY    COURT  [June 

Benjamin  Marshall  v.  Samuell  Pipen.  Trespass.  Verdict 
for  plaintiff.  Appealed  to  the  next  Court  of  Assistants. 
Defendant  bound,  with  Mr.  Tho.  Norman  and  Henry  Williams 
as  sureties.* 

it  being  iudged  fitt,  &  free  libertye  being  graunted  us  to  re- 
moue,  &  no  place  being  so  convenient  for  o''  easy  removal, 
as  Jefferyes  Creeke,  lyinge  so  neere  us,  &  most  of  us  hauinge 
some  small  quantitye  of  ground  alotted  to  us  there  alreadye:) 
doe  therfore  iontly  &  humbly  request  this  Honored  Court  to 

giue  us  power  to  erect  a  village  there  to  allow  us  such 

enlargement  thereabouts,  as  is  not  graunted  to  any  other 
plantation."  Referred  to  Mr.  John  Winthrope,  jr.  and  Mr. 
Symon  Bradstreete  to  settle  the  bounds,  14  :  3  :  1640,  and 
signed  by  Increase  Nowell,t  secretary,  for  the  court. 

Samuell  Allen  and  Roberd  Leach  testified.     Sworn  in  court. 

Nicolas  Vincson  and  Samuell  Allen  testified  that  the  land 
had  been  enjoyed  by  inhabitants  of  the  town  of  Manchester 
since  1640,  etc.     Sworn  in  court. 

On  June  9,  1679,  the  town  of  Manchester  appointed  Thomas 
West,  John  Sible  and  John  Eletrop  as  agents  in  this  action. 
Copy  made,  June  20,  1679,  by  Sam.  Freind,t  clerk  of  the 
selectmen. 

*Writ:  Benjamin  Marshall  v.  Samuell  Pippen;  trespass; 
for  felling  and  disposing  of  the  timber  that  stood  upon  the  land 
that  Samuell  Cogswell  leased  to  Pippen,  which  lease  was 
assigned  to  Benjamin  Marshall,  the  latter  having  purchased 
said  Cogswell's  right;  dated  June  3,  1679;  signed  by  Robert 
Lord,t  for  the  town  of  Ipswich;  and  served  by  Robert  Lord,t 
marshal  of  Ipswich,  by  attachment  of  a  house  of  defendant 
on  land  that  was  formerly  Samll.  Cogswell's.  Bond  of  Samuell 
Peppenf. 

Benjamin  Marshall's  and  Samuell  Pippin's  bills  of  cost, 
41i.  9s. 

Copy  of  lease,  dated  Jan.  5,  1677,  given  by  John  Cogswell 
of  Ipswich,  administrator  of  the  estate  of  Samuel  Cogswell, 
late  of  Ipswich  to  Benjamin  Marshall  of  Ipswich,  shipwright, 
for  money,  goods  and  cattle,  also  one  bill  to  discharge  said 
Cogswell  of  the  rent  of  the  meadow  at  the  Island  to  Abraham 
Perkins,  and  5s.,  land  in  Ipswich  beyond  Chebacco  river, 
except  land  at  the  Island  sold  to  Abraham  Perkins  by  Samuel 
Cogswell,  it  being  a  part  of  the  farm  his  father  had  by  lease 
of  one  thousand  years  from  the  town  of  Ipswich,  bounded  by 
Chebacco  river  on  the  northwest,  John  Cogswell's  land  on  the 
northeast,  from  Wm.  Tompsons  corner,  being  a  crotched 
maple  tree  marked  on  two  sydes,  and  so  running  up  to  Gloster 

t  Autograph. 


1679]  RECORDS    AND    FILES  203 

Line,  the  next  marked  tree  being  an  hemlock  and  three  more 
white  oakes,  all  marked  with  three  notches  on  either  syde  on  a 
strait  lyne  from  tree  to  tree  Gloster  Lyne  on  the  east  as  it  is 
bounded  in  the  grand  lease  common  Lands  at  Ipswich  toward 
the  south,  William  Andrews  land  toward  the  west;"  he  was 
to  pay  to  John  Cogswell  for  the  use  of  the  school  of  Ipswich 
yearly  46s.  8d.,  in  butter,  cheese,  beef,  corn,  etc.  Wit:  Wil- 
liam Goodhue,  jr.,  and  Phillip  Fowler.  Sworn,  Feb.  28,  1677, 
before  Daniell  Denison.  Recorded,  Mar.  5,  1677,  and  copy 
made  by  Robert  Lord,*  recorder. 

William  (his  mark)  Story,  sr.,  and  Thomas  Low*  testified 
that  they  appraised  the  damage  to  the  land,  being  rocky  and 
swampy  and  not  fit  for  corn  nor  cleared  of  anything  but  the 
timber,  in  timber  that  might  have  been  used  to  make  boards 
at  241i.,  and  two  pine  trees  for  mainmasts,  one  for  a  ship  and 
the  other  for  a  ketch,  and  nine  pine  trees  more  for  masting, 
yards,  bowsprits  and  windlasses  for  two  vessels  at  31i.  4s., 
seven  great  white  oaks  appraised  at  Hi.  8s.,  one  tree  for  posts, 
2s.,  three  poplar  trees,  6s.,  two  maple  trees  at  5s.  Damage 
by  cutting  down  several  thousand  young  trees  for  hoop  poles 
which  they  found  lying  on  the  ground,  the  stumps  of  many  of 
them  about  four  feet  high.  The  total  damage  was  311i.  5s. 
Sworn,  June  21,  1679,  before  Daniel  Denison.* 

Daniel  Denison's*  order,  dated  Oct.  6,  1679,  to  Mr.  Veren 
to  deliver  the  original  lease  to  Benjamin  Marshal. 

Isaac  Foster,  aged  twenty-three  years,  deposed  that  Samuell 
Pepene  told  him  that  Benjamin  Marshall  intended  to  turn 
him  out  of  the  farm,  etc.  Sworn,  June  21,  1679,  before  Daniel 
Denison.* 

The  four  pine  trees  that  William  Thomson  had  of  Pipin 
were  not  included  in  the  appraisement. 

John  Cogswell,*  on  June  21,  1679,  discharged  Samuell 
Pipin  of  all  damages  on  the  land  that  was  his  brother, 
Samuell  Cogswell's,  by  felling  timber  before  June  1,  1677. 
Wit:  Thomas  Low*  and  William  Goodhew.*  Sworn,  June 
21,  1679,  before  Daniel  Denison.*  Owned,  June  23,  1679, 
by  John  Cogswell  before  Daniel  Denison.* 

Robert  Cross,  jr.,  testified  that  Pepen  told  him  that  he 
would  hire  a  man  to  cut  all  the  timber  on  the  farm  on  purpose 
to  destroy  it  if  it  cost  him  ten  pounds,  for  he  was  resolved  to 
make  a  devil  of  Ben.  Marshall  before  he  had  done  with  him. 
Sworn,  Apr.  12,  1679,  before  Daniel  Denison.* 

Robert  Cross,  jr.,  testified  that  he  heard  Samuell  Pepen 
give  Ben.  Marshall  leave  to  cut  timber  when  the  latter  was 
building  his  sloop.  Also  that  Pepen  sold  deponent  a  canoe 
tree  that  grew  upon  the  north  side  of  a  hill  amongst  ledges 
of  rocks.     Sworn,  Apr.  12,  1679,  before  Daniel  Denison.* 

*  Autograph. 


204  SALEM    QUARTERLY    COURT  [June 

Phillip  Prance  and  Rachell,  his  wife  v.  William  Lattamore. 
Slander.     Verdict  for  plaintiff.     Withdrawn. 

John  Choube  testified  that  he  went  with  Marshall  to  that 
part  of  the  farm  called  the  new  pasture,  etc.  Sworn,  May  23, 
1679,  before  William  Browne,*  commissioner. 

William  Androws  testified  that  he  helped  Pipin  cut  and 
carry  away  fifteen  or  sixteen  thousand  feet  of  boards,  also 
staves  which  were  made  from  the  oak  trees,  etc.  Sworn, 
June  21,  1679,  before  Daniel  Denison.* 

Samuell  Pepon,  aged  about  thirty-five  years,  deposed  that, 
when  Cogswell  let  him  his  land  in  1673,  he  said  that  his  bound 
between  his  land  and  Ipswich  common,  at  the  corner  next 
Gloster  line,  was  a  pitch  pine  tree.  Samuell  Cogswell  also  said 
that  when  he  sold  Corporal  Andrewes'  land  which  is  now 
William  Andrews'  they  would  not  have  the  land  laid  out  until 
they  knew  his  bounds,  and  then  in  1671  the  selectmen  came, 
ran  the  line  and  marked  a  pitch  pine  at  the  fresh  meadow  side. 
Samuell  Cogswell  also  said  that  in  1672,  men  came  and  marked 
a  maple  tree,  which  he  protested  against  as  a  bound  tree. 
Sworn,  June  19,  1678,  before  Daniel  Denison.  Copy  made  by 
Hilliard  Veren.* 

John  Cogswell  and  William  Goodhew,  jr.,  testified  that 
Story  and  Low  showed  them  the  trees  felled  from  the  head 
of  Witreg's  creek  to  the  maple  tree.  Sworn,  June  23,  1679, 
before  Daniel  Denison.* 

John  Burnum,  jr.,  deposed  that  of  the  logs  that  Samuell 
Pippen  brought  to  his  father's  sawmill,  his  father  was  to  have 
half  of  the  4,000  feet  which  they  made.  Jeams  Coalman 
helped  draw  some  of  the  logs.  Sworn,  June  21,  1679,  before 
Daniel  Denison.* 

Shoreborne  Willson  testified  that  Pepin  sold  him  white 
oak  timber  enough  to  make  4,000  barrel  staves  and  heading 
in  Aug.,  1677.     Sworn,  June  21,  1679,  before  Daniel  Denison.* 

William  Story,  sr.,  and  Thomas  Low,  sr.,  deposed  that  they 
did  not  appraise  any  rail  timber  or  cord  wood,  etc.  Sworn, 
June  21,  1679,  before  Daniel  Denison.* 

Samuell  Story  testified  that  his  father  and  Thomas  Low,  sr., 
appraised  the  damage,  and  he  helped  them,  etc.  Sworn, 
June  21,  1679,  before  Daniel  Denison.* 

William  Thomson  deposed.  Sworn,  June  21,  1679,  before 
Daniel  Denison.* 

James  Collman  testified  to  helping  Pipin,  etc.  Sworn, 
June  21,  1679,  before  Daniel  Denison.* 

William  Thomsonn,  aged  thirty  years,  William  Story,  sr., 
and  Thomas  Low  deposed.  Sworn,  June  21,  1679,  before 
Daniel  Denison. 

*  Autograph. 


1679]  RECORDS    AND    FILES  205 

Daniell  Gott  v.  William  Lake.  Debt.  Defendant  died 
before  the  case  was  called.* 

Andrew  Woodberye  v.  Thomas  Greshon.     Withdrawn.! 

Walter  Fairefeild,  attorney  to  Wm.  Browne,  sr.,  executor 
of  the  will  of  Samuell  Smith  v.  Richd.  Hutten.  Verdict  for 
defendant.  Appealed  to  the  next  Court  of  Assistants.  Said 
Fairefeild  bound,  with  Tho.  and  Nathaniell  Jacob  as  sureties.^ 

*Writ,  dated  25  :  2  :  1679,  signed  by  Hilliard  Veren,§  for 
the  town  of  Salem,  and  served  by  Ja.  Poland,§  constable  of 
Salem,  by  attachment  of  the  orchard  of  defendant. 

fWrit:  Andrew  Woodbery  v.  Thomas  Greshon;  for  fradu- 
lently  carrying  away  William  Hiens  out  of  the  country  after 
he  was  legally  warned  to  the  contrary,  said  Hiens  being  a 
servant  to  said  Woodbery,  and  Greshon  concealing  him  on 
board  when  he  was  being  searched  for;  dated  Mar.  27,  1679; 
signed  by  Ephraim  Turner,§  for  the  town  of  Boston;  and 
served  by  Joseph  Webb,§  marshal  of  Suffolk,  by  attachment 
of  the  dwelling  house  of  defendant. 

IWrit:  Walter  Fayerfield,  attorney  to  Mr.  Wilham  Browne, 
sr.,  executor  of  the  will  of  Mr.  Samuell  Smith  v.  Richard 
Hutten;  for  mowing  3  acres  of  meadow  and  swamp  that  be- 
longed to  said  Smith,  and  on  the  west  side  of  the  river,  a  part 
of  the  land  that  was  Jams  Smith's,  and  using  it  as  his  own; 
dated  17  :  4  :  1679;  signed  by  Hilliard  Veren,§  for  the  town 
of  Salem;  and  served  by  Charles  Gott,§  deputy  for  Henry 
Skerry,§  marshal  of  Salem,  by  attachment  of  the  houses  and 
land  of  defendant  on  the  north  side  of  the  country  road. 

Walter  Fayerfield's  bill  of  cost,  31i.  4d. 

Richard  Hutten's  bill  of  cost,  15s. 

Copy  of  will  of  Samuel  Smith  made  by  Hilliard  Veren,§ 
cleric. 

John  Poland  testified  that  Hutten  had  enjoyed  the  swamp 
in  controversy  about  twenty-three  years.     Sworn  in  court. 

Deed,  dated  29:3:1656,  given  by  Samuell  Foster] |  of 
Wenham  to  Richard  Hutten  of  Wenham,  for  91i.  5s.,  five 
acres  of  upland,  with  a  boggy  swamp  adjoining,  in  Wenham, 
bounded  by  the  late  John  Fayerfield's  farm  on  the  northeast, 
the  meadow  on  the  southeast,  land  belonging  to  Mr.  Brown's 
farm  on  the  southwest  and  upon  the  highway  on  the  northwest; 
also  10  acres  of  upland,  3  1-2  acres  of  meadow  in  Wenham, 
bounded  by  Austen  Killim's  land  on  the  east,  Hutten's  land 
on  the  north,  Mr.  Fiske's  meadow  on  the  southwest,  "the 
Aforesaid  medow  Lyeth  in  two  pcills:  two  Akres  wherof 
Lyeth  in  Common  with  four  Akres  more  Bounded  By  the 
Abouesaid  Ten  Akres  of  upland  Northward  &  m'  fiskes  medow 

§  Autograph.  ||  Autograph  and  seal. 


206 


SALEM    QUARTERLY    COURT 


[June 


westward:  the  other  Akre  &  an  halfe  Lyeth  within  the  Great 
medow  Bounded  By  the  Great  Swampe  on  the  East  &  on 
Robert  morgins  medow  on  the  west  &  upon  Late  John  Fair- 
fields  medow  on  the  south  &  upon  the  Aforesaid  Richard 
Huttun's  medow  on  the  North."  Wit:  Thomas  Fiske*  and 
Thomas  White.*  Acknowledged  by  Samuel  Foster,  9  :  —  : 
1658,  before  Daniel  Denison.* 


^ 


Allexander  Maxey,  aged  about  forty-five  years,  deposed 
that  he  lived  about  nineteen  years  on  the  farm  that  Mr.  Wil- 
liam Browne,  sr.,  of  Salem  had  the  disposing  of,  which  is  said 
to  be  the  land  that  was  Mr.  Samuell  Smith's,  and  in  that  part 
of  it  was  that  formerly  James  Smith's.  The  meadow  that 
lay  by  the  river  was  part  of  that  meadow  or  swamp  that  is 
called  the  Beaver  Hole  meadow,  which  meadow  he  had  enjoyed 
with  John  Killam  until  about  nine  years  ago.  Richard  Hutten 
desired  deponent  to  allow  him  to  mow  the  meadow  and  he 
would  pay  him,  but  after  he  let  him  have  it,  deponent  said 
he  would  mow  it  himself,  whereupon  Hutten  told  him  not  to 
meddle  with  it  for  he  had  possession  of  it.  The  land  is  bounded 
on  the  east  with  the  river,  on  the  north  with  a  little  brook 
between  Walter  Fairefeild's  meadow  and  the  land  itself,  on 
the  south  with  the  upland  and  on  the  west  with  Bever  hole. 
Sworn  in  court. 

Copy  of  depositions  in  a  similar  action,  25  :  4  :  1678,  made 
by  Hilliard  Veren,*  cleric. 

Thomas  Hobbs,  aged  about  fifty-four  years,  deposed  that 
about  twenty-eight  years  ago,  Roberd  Haws  lived  at  Wenham 

*  Autograph. 


1679]  RECORDS    AND    FILES  207 

Mr.  Wm.  Longfellow  v.  Ezekiell  Northen  and  John  Pickard, 
ST.,  of  Rowley,  as  lot  layers  and  men  appointed  by  the  town  to 
divide  land.  Verdict  for  plaintiff,  the  land  in  controversy, 
viz.,  the  proportion  of  land  in  Merimak  that  belongs  to  the 
three  acre  lot  in  Rowley  town  according  to  town  order.  Ap- 
pealed to  the  next  Court  of  Assistants.  Defendants  bound, 
with  Nehemiah  Juett  and  Daniell  Wicom  as  sureties.* 

in  John  Fayerfield's  house  and  improved  the  land  and  two  or 
three  years  following,  deponent  mowed  for  said  Haws  to  the 
south  as  far  as  a  little  run  that  comes  out  of  Beaver  hole 
meadow  and  to  the  west  to  the  bushes  about  40  rods,  etc. 
Sworn  in  court. 

Mathew  Edwards,  aged  about  forty-seven  years,  deposed 
that  when  he  lived  with  his  uncle  John  Fayerfield  at  Wenham 
thirty-eight  years  ago,  said  Fayerfield  and  Mr.  Joseph  Bach- 
elder  owned  the  ten  acres  that  had  been  Samuell  Aborn's, 
which  his  father  Jams  Smith  was  said  to  have  given  him  out 
of  his  farm  of  eighty  acres  and  there  was  no  meadow  belong- 
ing to  it  then.  Afterward  he  helped  Peter  Paulfry  and  Rich- 
ard Pettingell  about  twenty-seven  years  ago  to  divide  this 
land,  they  then  being  the  owners,  and  there  was  neither  swamp 
nor  meadow  on  the  south  side,  etc.     Sworn  in  court. 

Thomas  Fisk,  aged  about  forty-nine  years,  and  Thomas 
Pach,  aged  about  forty  years,  deposed.     Sworn  in  court. 

John  Killam,  aged  about  fifty-two  years,  deposed  that  he 
hired  of  his  brother  Richard  Hutten  the  third  of  the  farm 
which  Mr.  William  Brown  let  to  Alexander  Maxey  and  him- 
self, and  from  the  west  side  of  the  river  down  to  the  brick- 
kiln, etc.  He  mowed  the  meadow  twenty-three  years.  Sworn 
in  court. 

Walter  Fayerfield,  aged  about  forty-eight  years,  deposed. 
Sworn  in  court. 

John  Kilam,  aged  fifty-two  years,  deposed  that  Richard 
Hutton  had  possessed  Beaver  hole  swamp  for  more  than  twenty- 
three  years.     Sworn  in  court. 

*Writ:  Willm.  Longfellow  of  Newbery  v.  John  Pickard,  sr., 
and  Ezekiel  Northen  of  Rowley,  lot  layers,  appointed  to 
divide  land  to  the  value  of  35011.;  for  not  laying  out  his  pro- 
portion of  land  called  Merrimack  land,  according  to  town 
order  of  Dec.  20,  1658,  which  belonged  to  the  right  of  Mr. 
Henery  Sewall,  sr.,  and  was  purchased  by  him  of  Mr.  Edward 
Carleton  of  Rowley,  and  conveyed  by  Sewall's  heirs  to  said 
Longfellow;  dated  June  19,  1679;  signed  by  Thomas  Leaver,! 
clerk  of  the  writs  for  Rowley;    and  served  by  Jeremiah  Els- 

t  Autograph. 


208  SALEM    QUARTERLY    COURT  [June 

worth,*  constable  of  Rowley,  by  attachment  of  houses  and 
land  of  defendants. 

Defendants'  bill  of  cost,  copy  of  Mr.  Worcester's  deed,  etc., 
21i.  17s. 

William  Longfellow's  bill  of  cost,  21i.  16s. 

John  Burbank  and  Amie  Cooper,  both  of  Rowley,  deposed 
that  Thomas  Sumner  was  both  a  purchaser  and  an  inhabitant 
in  Rowley  and  Thomas  Elithrop  married  Thomas  Sumner's 
widow  and  lived  several  years  in  the  same  house  which  was 
Sumner's.  Also  that  Elithrop  had  purchased  land  in  Rowley 
before  he  married  her.  Sworn  in  Ipswich  court,  26  :  1  :  1672, 
and  copy  made  by  Robert  Lord,*  cleric. 

Jeremiah  Elsworth,  constable,  deposed  that  he  saw  Mr. 
William  Longfellow  tender  3s.  of  money  at  the  hands  of  Ezekeel 
Northend  for  pay  for  one  day's  work  on  land  he  desired  to  be 
laid  out  at  Miremake  which  was  received  by  one  of  his  daugh- 
ters, also  3s.  at  the  hands  of  John  Pickerd  said  Longfellow 
tendered,  etc.  Sworn,  June  24,  1679,  before  Jo.  Woodbridg* 
and  William  Browne,*  associates. 

Receipt,  given  by  Ed:  Carlton*  to  Mr.  Henry  Sewall,  sr., 
for  451i.,  for  houses,  land  and  commonage. 

Ezekiell  Northend  and  John  Pickard  testified  that  the  land 
which  Mr.  Henry  Sewall  sold  to  Samuell  Worcester  was  the 
same  land  that  they  as  lot  layers  laid  out  to  Mr.  Edward 
Carlton,  and  now  sued  for  by  Mr.  Longfellow.  Sworn  in 
court. 

Andrew  Hidden,  aged  about  fifty-five  years,  deposed  that 
Mr.  Henry  Sewall,  sr.,  died  possessed  of  the  house  which  was 
formerly  Mr.  Edward  Carlton's,  and  for  several  years  in  his 
lifetime  improved  his  gates  both  in  the  common  and  ox- 
pasture  by  keeping  a  flock  of  sheep  upon  them.  Sworn, 
June  24, ,  before  Jo.  Woodbridge,*  assistant. 

Robert  Lord,  cleric,  certified  that  in  Mr.  Henry  Seawall's 
inventory  on  file  in  Ipswich  court  records  of  his  estate  at 
Rowley  there  were  nine  gates  appraised  by  Joseph  Jewett, 
Mathew  Boyce  and  John  Tod,  which  inventory  was  delivered 
into  court  Mar.  25,  1656.  Copy  made  by  Hilliard  Veren,* 
cleric. 

Edward  Carleton  of  Rowley  certified  that  he  sold  to  Mr. 
Henry  Sewall,  sr.,  of  Newbery  one  dwelling  house,  barn  and 
other  houses,  with  three  acres  of  land,  in  Rowley,  nine  gates 
in  the  town  commons,  which  he  had  liberty  to  stock  with 
four-score  sheep  or  other  cattle,  six  gates  were  in  the  cow  walk 
and  three  in  the  oxpasture.  Wit:  John  Smith.  Copy  made 
by  Hilliard  Veren,*  cleric. 

Copy  of  deed,  dated  Jan.  1,  1677,  given  by  Mr.  Henery 
Sewall   of   Newbery   to   Willm.    Longfellow   of    Newbery,    all 

*  Autograph. 


1679]  BECORDS    AND    FILES  209 

John  Pickard  and  Ezekiell  Northend,  in  behalf  of  the  town 
of  Rowly  V.  Wm.  Longfellow.  Review.  Verdict  for  defend- 
ant, confirmation  of  the  former  judgment.  Appealed  to  the 
next  Court  of  Assistants.* 

the  interests  of  Henry  Sewall,  sr.,  in  land  in  Rowley,  with 
gates.  Wit:  Stephen  Sewall  and  Jane  Sewall.  Acknowledged, 
Sept.  30,  1678,  before  Jo.  Woodbridge,  commissioner.  Re- 
corded, Oct.  3,  1678,  at  Ipswich,  book,  4,  page  192,  by  Robert 
Lord,  recorder.     Copy  made  by  Hilliard  Veren,t  cleric. 

Moses  Gerrish,  John  Acie  and  Philip  Nelson  testified  that 
upon  Apr.  26,  1679,  they  were  desired  to  go  with  Longfellow 
when  Henery  Williams,  the  marshal's  deputy  of  Boston,  came 
to  Rowlej'  to  serve  the  execution,  and  Goodman  Pickard  and 
Goodman  Northen  desired  the  marshal  to  go  to  the  end  of 
the  town  and  deponents  went  with  them.  Pickard  showed 
Williams  the  town's  common  and  said  it  extended  from  the 
end  of  the  town  five  miles  and  bade  him  extend  his  execution 
for  nine  gates  there,  but  Longfellow  said  he  would  have  but 
six  gates  there  and  three  in  the  oxpasture.  Sworn,  June  23, 
1679,  before  Jo.  Woodbridge,t  commissioner. 

*Writ,  dated  Apr.  8,  1679,  signed  by  Thomas  Leaver,t  clerk 
of  the  writs  for  Rowley,  and  served  by  Nehemiah  Jewett,t 
deputy  for  Robert  Lord,t  marshal  of  Ipswich,  by  attachment 
of  the  nine  gates.  Bond  of  Philip  Nellson,t  Moses  Gerrishf 
and  Willm.  Longfellow. t 

Bill  of  costs  of  plaintiff,  31i.  lis. 

Willm.  Longfellow's  bill  of  cost,  21i.  12s.  lOd. 

Copy  of  papers  in  a  similar  action  brought,  26  :  9  :  1678, 
in  Salem  court,  made  by  Henry  Williams, f  deputy  marshal  of 
Suffolk. 

"According  to  the  order  made  in  the  yeare:  (1650)  that  the 
fences  in  all  common  feild  about  or  belonginge  to  the  Towne 
of  Rowley  should  be  diuided  accordinge  to  proportion  of  lande 
and  meadows  and  the  quantity  with  marks  of  severall  num- 
bers to  deserne  euery  mans  owne  fence  by:  accordingly  the 
Northeast  feild  fences  with  some  others  were  proportioned, 
and  deuided  by  Deacon  Mighill,  Joseph  Jewet,  Richard 
Swan,  and  John  Smith:  endinge  at  Number  one  and  so  up- 
ward." The  marks  are  as  follows:  I,  to  Mr,  Carleton,  30 
rail  lengths;  II,  to  Mr.  Ezekiell  Rogers,  51  rail  lengths;  III, 
to  John  Scailes,  17  rail  lengths;  IV,  Richard  Swan,  15;  V, 
Thomas  Crosbee,  14;  VI,  Thomas  Tenny,  12;  VII,  John 
Smith,  15;  VIII,  John  Trumble,  9;  Villi,  Thomas  Leaver,  9; 
X,  John  Smith,  15;  XI,  Mr.  Sewall,  8;  XII,  Francis  Parrat, 
20;    XIII,  Thomas  Crosbee,  15;    XIIII,  Roger  Swan,  8;    XV, 

t  Autograph. 


210  SALEM    QUARTERLY    COURT  [June 

Thomas  Crosbee,  15;  XVI,  William  Asee,  31  [''reade  XXVII 
lengths,"  in  margin];  XVII,  Abell  Langley,  17;  XVIII, 
James  Baley,  8;  X Villi,  Marke  Prime,  6;  XX,  Thomas 
Miller,  6;  XXI,  William  Law  and  Richard  Longhorne,  15; 
XXII,  Thomas  Abbot,  15;  XXIII,  John  Johnson,  16;  XXIIII, 
widow  Lambert,  14;  XXV,  Thomas  Mighill,  7;  XXVI,  Mrs. 
Margery  Shore,  16;  XXVII,  Elder  Ranor,  26;  XXVIII, 
William  Tenny,  8;  XXVIIII,  John  Pearson,  2;  XXX,  Ed- 
ward Sawyer,  4;  XXXI,  Thomas  Miller,  10.  These  begin  at 
Mr.  Carleton's  ground  at  the  bridge  at  the  town  end  and  go 
to  the  140  rod  of  the  field  fence  which  is  to  be  made  and  main- 
tained by  the  ox  pasture  proprietors.  Note.  The  3d,  4th 
and  5th  numbers  are  to  be  read  instead  of  what  is  17,  15  and 
14. 

The  140  rod  of  the  field  fence  which  they  who  have  gates  in 
the  ox  pasture  are  to  make  and  maintain,  is  numbered  as 
follows.  There  are  several  marks  which  are  set  at  end  of 
every  man's  proportion:  I,  to  Mr.  William  Bellingham,  31 
rail  lengths;  II,  Abel  Langley,  6;  III,  John  Lambert,  12; 
IIII,  John  Johnson,  6;  V,  John  Scales,  6;  VI,  Francis  Parrat 
6;  VII,  Mr.  Sewall,  12;  VIII,  William  Asee,  6;  Villi,  Mr. 
Carleton,  6;  X,  Thomas  Tenny,  6;  XI,  Thomas  Crosbee,  6; 
XII,  John  Smith,  6;  XIII,  Richard  Swan,  9;  XIIII,  Edward 
Hazen,  3;  V,  Mr.  Ezekiell  Rogers,  19;  VI,  Mr.  Thomas 
Nellson,  31;  VII,  Thomas  Crosbee,  13;  VIII,  Ezekiell  North- 
en,  6;  Vim,  Richard  Holms,  3;  XX,  Richard  Longhorne,  3; 
XXI,  William  Law,  3;  XXII,  John  Tod,  3;  XXIII,  John 
Pallmor,  3;    XXIIII,  John  Harris,  3. 

The  fence  between  the  ox  pasture  and  meadow,  which  is  a 
two-rail  fence  at  the  further  side  of  the  ox  pasture  to  the  mill- 
ward.     These  are  the  several  proportions,  every  ox  gate  two 
rail  lengths  and  every  acre  of  meadow  four  and  a  half.     The 
several  marks  are  at  the  end  of  every  man's  fence,  as  Mr. 
Sewall  ends  at  mark  one  (I)  and  so  the  rest  follow  in  several 
numbers:    I,  Mr.  Sewall,  8  rail  lengths;    II,  Francis  Parrat,  4 
rail  lengths;   John  Johnson,  4;   William  Asse,  4;   widow  Lam- 
bert, 8;   Abell  Langley,  4;   Richard  Holms,  2;   Ezekiell  North 
en,  4;    Richard  Longhorne,  2;    William  Law,  2;    John  Tod,  2 
John  Pallmor,  2;  John  Harris,  2;   Mr.  William  Bellingham,  20 
Mr.  Ezekiell  Rogers,  12;    Edward  Hazen,  2;    John  Smith,  4 
John  Pearson,  18;    Mr.  Edward  Carleton,  30;    XXI,  Robert 
Swan,  4  1-2  and  Richard  Swan,  17  1-2;   XXII,  William  Boin- 
ton,  9;    XXIII,  William  Tenny  and  Thomas  Tenny,  9;   and 
XXIIII,  John  Scales,  13;    XXV,  John  Trumble  and  Thomas 
Leaver,  9;    XXVII,  Thomas  Crosbee,  31  rail  lengths  to  the 
river.     Copy  made,  June  21,  1679,  from  the  record  of  lands 
of  Rowley  town,  by  Philip  Nellson,*  recorder. 

*  Autograph. 


1679]  RECORDS    AND    FILES  211 

Copy  of  a  record  by  John  Johnson  of  a  general  town  meet- 
ing, Jan.  8,  made  Feb.  5,  by  HiUiard  Veren,*  cleric,  in  which 
Henry  Sewall  petitioned  that  the  town  records  be  examined 
to  determine  his  rights  in  the  ox  and  cow  gates  of  Rowley. 

"At  a  legall  Towne  meeting  held  the  4  of  y«  11  month  1673 
Captain  brocklebanke  John  Pickard  Ezekiell  Northend  Rich- 
ard Swan  and  John  Tod  were  chosen  as  a  comitte  for  the 
proportioning  of  the  fence  belonging  to  the  feild  comonly 
called  the  northeast  feild  acording  to  lands  lying  theirin  on 
this  side  the  sandy  bridg  and  to  ly  to  the  oxpasture  its  share: 
upon  the  24  of  february  73  Edward  hazen  was  chosen  to  be  of 
this  comite  instead  of  Richard  Swan 

''at  a  legall  Towne  meting  it  was  voted  and  agreed  that  the 
fence  betwixt  the  oxpasture  and  the  northeast  feild  should  be 
diuided  and  continued  a  hue  Raill  fence  the  oxpasture  doing 
one  halfe  of  it  at  one  end  and  the  Rest  of  the  fence  for  the 
security  of  the  comon  feild  to  be  made  a  hue  Raill  fence  or 
that  which  is  equivalent  to  be  diuided  and  proportioned 
acording  to  the  land  in  the  feild  on  this  side  the  sandy  bridge 
this  was  voted  and  passed  on  the  affirmative  on  the  20  of 
february  1673 

"At  the  same  Towne  meting  it  was  agreed  and  voted  that 
the  comon  feild  should  do  that  end  of  the  fence  next  the  Riuer 
betwene  the  oxpasture  and  the  feild:  John  Acy  entred  his 
disent  against  this  vote."  Copy  from  the  town  book  of 
Rowley,  June  23,  1679,  by  John  Johnson,*  keeper  of  the  book, 
and  Abell  Langley.* 

Copy  of  records  of  house  lots  at  Rowley,  taken  June  20, 
1679,  by  Philip  Nellson,*  recorder:  to  Mr.  Edward  Carleton, 
three  acres  bounded  south  by  the  street,  west  by  the  common 
and  by  Mr.  Henry  Sands'  house  lot;  to  Mr.  Thomas  Mighill 
three  acres  bounded  west  by  the  highway  and  a  small  parcel 
lying  in  common,  part  of  it  being  on  the  north  side  of  the 
street  and  part  on  the  south.  Record  of  the  division  of  Merri- 
mack land  as  laid  out  in  1658  by  Joseph  Jewett,  Ezekiell 
Northen,  John  Pickard  and  John  Smith:  laid  out  to  widow 
Mighill  of  Rowley  215  acres  bounded  by  Merrimack  river, 
on  the  north  b}'  Thomas  Kimball  and  partly  on  Johnson's 
pond;  on  the  east  by  the  commons  of  Rowley;  on  the  south 
by  John  Watson's;  on  the  west  72  poles  in  Merrimack  river, 
the  northeast  corner  being  a  birch  by  the  side  of  said  river, 
from  thence  it  runs  143  poles  to  a  white  oak,  then  420  poles 
to  the  southwest  corner  which  is  70  poles  wide  from  Johnson's 
pond,  the  northeast  corner  is  a  pine  tree  with  a  heap  of  stones, 
thence  it  runs  144  poles  to  a  white  oak,  at  this  place  being  56 
poles  wide,  then  333  poles  to  a  great  white  oak  at  Johnson's 

*  Autograph. 


212  SALEM    QUARTERLY    COURT  [June 

pond,  there  being  an  angle  on  each  side,  but  it  runs  in  a  direct 
line  from  angle  to  angle. 

Record  of  the  fence  belonging  to  the  proprietors  of  the  east 
end  ox  pasture,  being  half  the  fence  between  the  field  and  the 
ox  pasture,  the  mark  at  the  end  of  every  man's  fence,  Richard 
Swan  beginning  at  the  corner  by  the  ox  pasture  gate  and 
ending  at  mark  I;  Richard  Swan,  9  rods,  2  feet,  I;  Tho. 
Nelson,  9-2-II;  Mrs.  Rogers,  18-4-III;  Mr.  Philip  Nelson, 
12-3-IIII;  Edward  Hazen,  9-2-V;  Ezekiell  Northend,  12-1- 
VI;  Samuell  Mighell,  8-lh-VII;  John  Pearson,  9-0-VIII; 
William  Law,  4-9-IX;  Mr.  Philips,  9-0-X;  John  Tod,  3-9-XI; 
John  Acy,  12-4-XII;  John  Palmer,  18-6-XIII;  John  Scales, 
9-3-XIIII;  John  Haris,  6-lh-XV;  Thomas  Leaver,  6-lh. 
XVI;  Thomas  Teny,  9-3-X VII;  Richard  Holms,  6-lh.-X VIII; 
Parrat's  children,  18-4-XIX;  Henry  Riley,  6-lh.  XX;  widow 
Law,  6-lh-XXI;  Simon  Chapman,  3-9  inch. -XXII;  John 
Johnson,  3-9  inch-XXIII;  Abraham  Haseltine,  5-lh.-XXIIII; 
James  Baly,  6-lh.-XXV;  William  Teny,  9-2-XXVI;  Abell 
Langley,  6-lh.-XXVII;  Mark  Prime,  6-lh.-XXVIII;  John 
Lambert,  12-3-XXIX.  Divided  by  Ezekiell  Northend,  John 
Tod,  John  Palmer,  John  Johnson  and  John  Acy  appointed  by 
Rowley,  Mar.  7,  1673-4.  Copy  made  by  John  Johnson,* 
keeper  of  the  book,  and  Abell  Langley.* 

Copy  of  the  rates  of  old  Mr.  Sewall  who  lived  and  died  in 
Rowley:  9  mo.  1641,  14s.;  10:9:1650,  lis.  9d.;  3  mo. 
1651,  10s.;  10  :9  :  1651,  10s.  4d.;  1:3:  1652,  9s.  3d.;  10 
9  :  1652,  10s.;  3  mo.  1653,  8s.;  10  :  9  :  1653,  5s.  5d.;  1:2 
1654,  4s.  7d.;  16:9:1654,  4s.  4d.;  17:3:1655,  5s.  4d 
8:10:1655,  lis.;  5:3:1656,  6s.;  24  :  9  :  1656,  4s.  4d 
for  his  house;  26  :  3  :  1657,  4s.  for  his  house.  Copy  made 
by  William  Tenny,*  keeper  of  the  ministry  book. 

At  a  town  meeting  Feb.  17,  1661,  it  was  voted  that  the 
division  should  be  to  every  one  gate  one  acre  of  land.  On 
Nov.  26,  1662,  Richard  Swan,  Samuell  Brocklebanke,  Ezekiell 
Northend,  John  Pickard  and  William  Sticknee  were  appointed 
to  lay  it  out.  For  the  division,  "the  east  end  of  the  Towne  to 
begin  furthest  of  at  the  neerest  land,  and  to  have  each  man 
his  half  proportion  of  land  laide  out."  Copy  made,  June  23, 
1679,  by  Philip  Nellson,*  recorder. 

"It  is  ordered  that  if  any  mans  cattle  be  found  upon  the 
commons  aboue  his  proportion  at  any  time  not  haueing  hired 
gates  of  some  other  he  shall  be  lyable  to  pay  foure  shillings 
six  pence  a  beast  prouided  that  if  he  shew  to  the  ouerseers  a 
note  under  the  hand  of  the  man  of  whom  his  pasture  was 
hired  it  shall  satisfy  to  saue  his  fine  and  all  that  do  hire  gates 
of  the  Towne  shall  pay  one  shilling  sixpense  agate,  it  is  also 
ordered  that  such  as  do  not  exced  their  proportion  of  gates 

*  Autograph. 


1679]  RECORDS    AND    FILES  213 

and  yet  improue  at  certaine  times  their  intrest  in  whoU  or  in 
part  those  persons  shall  giue  to  two  of  the  selectmen  the 
number  of  cattle  they  take  of  and  the  time  when  and  if  they 
do  not  faithfully  obserue  so  to  do  they  shall  be  dealt  with  as 
breakers  of  their  abouesaid  order."  Copy  from  the  town 
book,  June  23,  1679,  by  John  Johnson*  and  Abell  Langley.* 

At  a  Rowley  town  meeting  Apr.,  1679,  John  Pickard, 
Ezekiell  Northend  and  Daniell  Wicam  were  chosen  as  attorneys 
for  the  town  of  Rowley  in  this  action  pending  between  the 
town  and  William  Longfellow.  Mr.  Nelson,  John  Acie,  Abra. 
Jewett,  Andrew  Hidden  and  Wm.  Boynton  dissented.  Copy 
made  by  John  Johnson*  and  Abell  Langley.* 

It  was  ordered  by  the  town  of  Rowley  in  1648  that  the 
commons  should  run  five  miles  from  the  town  every  way 
where  they  had  propriety  if  they  were  not  laid  out  to  any  par- 
ticular person.  In  order  that  every  man  should  have  an 
equal  share,  each  acre  and  a  half  lot  was  to  have  one  gate  and 
a  half,  also  every  half  two-acre  lot  was  to  have  two  gates  and 
a  quarter.  Every  two  acre  lot  was  to  have  four  gates  and 
one-half.  Every  three  acre  lot  was  to  have  thirteen  gates 
and  one-half.  Every  four  acre  lot  was  to  have  twenty-two 
gates  and  the  six  acre  lots,  forty-five  gates.  Copy  made  by 
John  Johnson*  and  Abell  Langley.* 

John  Johnson  and  John  Pickard  deposed.     Sworn  in  court. 

John  Acey  testified.     Sworn  in  court. 

Copy  of  inventory  of  Mr.  Sewall's  estate  made  by  Robert 
Lord,*  cleric. 

Mr.  Henry  Short  is  debtor  to  Mr.  Henry  Sewall  for  what 
he  had  of  the  said  Henry  Sewall's  estate  from  Sept.  29,  1650 
to  Sept.  29,  1658,  for  8  yeares  rent  to  29  Sept.,  58,  of  his  farm 
at  the  falls  at  141i.  per  Annum,  1121i.;  for  4  yeeres  Rent  of  a 
smale  farme  that  Tho.  Browne  and  Jno.  Wright  had  to  Sept. 
54,  at  91i.  10s.  per  Annum,  381i.;  for  4  yeeres  Rent  more  of 
said  farme  of  Thomas  Browne  to  Sept.  58,  at  lOli.  10s.,  per 
Annum,  421i.;  for  the  Rent  of  two  Cowes  from  John  Cheter 
for  one  yeare,  21i. ;  another  Cowes  Rent  for  one  yeare,  15s.; 
two  Cowes  sold  to  John  Chater,  9H.  10s.;  a  debt  received 
from  John  Remington,  41i.;  a  debt  of  Mrs.  Noyesse,  Hi.  5s.; 
debt  reed,  out  of  Mrs.  Gibbens  estate,  61i.;  for  the  Rent  of 
thirty  pound  in  cattle  for  one  yeare,  21i.  10s.;   total  21811. 

Henry  Short  debtor  to  Hen.  Sewall  as  administrator,  from 
Mar.  27,  1656:  houses,  lands  and  goods  he  reed,  into  his  cus- 
tody as  per  Inventory,  33911.  6s.  4d;  Improvement  of  Sheepe 
acknowledged  and  given  in,  6H.  14s. ;  what  he  Reed  of  severall 
tennants  for  Rent  of  ye  lands  lately  his  fathers  for  3  yeeres 
Dan.  Thurston,  Jno.  Poore  and  Joseph  Plummer,  24U.  12s.; 
total,  370H.  12s.  4d. 

*  Autograph. 


214  SALEM    QUARTERLY    COURT  [June 

Creditor :  for  digging  a  well  at  the  litle  farme  and  for  bucket 
staves,  31i.  15s.;  pd.  to  Rich.  Bartlet  for  defect  of  2  acres  of 
land,  21i.;  to  Wm.  Titcombe  about  fencing  ye  orchard,  in 
wheat  40s.  in  money,  5s.;  to  Goodman  Pearse  for  the  Hire 
of  a  Horse,  5s.;  for  Beife  for  his  father,  5s.  6d.;  by  Mr.  Long 
in  England,  51i.;  for  building  at  the  farme,  281i.;  for  abate- 
ment for  losse  of  an  ox  taken  for  Rent,  21i. ;  for  Catle  dd  to 
Jno.  Davis  to  pay  Rent  for  for  which  security  is  taken,  301i.; 
what  was  pd  into  Mr.  Broughton  to  be  received  by  bill  of 
exchange,  411i.  4s.;  for  sallery  for  and  about  ye  above  men- 
tioned premisses,  lOli.;  for  a  cow  that  died  in  Jno.  Chaters 
hands,  5li.  5s. ;  Rest  due  from  ye  said  Henry  Short  to  Balance, 
881i.  6s.;    total,  2181i. 

Per  contra  Henry  Short  is  Creditor  and  ought  to  have  by 
the  houses  &  lands  dd  him  as  prized  in  the  Inventory,  2141i., 
by  debts  paid  out  of  the  Inventory,  641i.  5s.  Id.;  fetching  of 
sheepe  from  Ipswich  &  pasturing  ym.  7  weeks,  21i. ;  By  letters 
of  Administration,  Copy  Invt.,  fees  of  court  &c.,  7s.;  By  what 
is  allowed  him  for  his  paines  for  39  days  time  about  it  &  expenc 
in  that  time,  81i. ;  By  procuring  two  deeds  lemon  water  thatch 
&  messengers,  15s.  6d.;  total,  2891i.  15s.  7d.;  Rest  due  from 
Henry  Short,  801i. 

Award,  dated  Sept.  13,  1659,  made  by  Richard  Collecott,* 
and  Thomas  Savage,  in  relation  to  the  differences  between 
Mr.  Henry  Short  and  Mr.  Henry  Sewall:  that  Henry  Short 
should  pay  to  said  Sewall  at  the  house  of  Anthony  Somerby 
401i.  in  three  bills  of  exchange,  drawn  by  Mr.  Jno.  and  Mr. 
Richard  Cutts  of  Portsmouth  or  Strawberry  Banck  and 
charged  on  a  sufficient  person  in  London  to  be  sent  in  the 
next  ship  that  goes  hence  after  Capt.  Pearce  in  London  at 
forty  days  sight  and  forty  pounds  more  in  good  bills  by  the 
next  ship.  In  the  second  account  as  before  shown,  they 
found  Short  indebted  to  Sewall  801i.  16s.  9d. 

Copy  of  deed,  dated  May  1,  1662,  given  by  Henry  Sewall 
of  Newbury,  gentleman,  and  wife  Jane,  for  701i.,  to  Samuell 
Worster  of  Salsbury,  yeoman,  400  acres  of  upland  and  4  acres 
of  meadow  in  Rowley,  200  acres  of  it  having  been  purchased 
of  Joseph  Jewett,  late  deceased,  and  Mr.  John  Carlton,  butting 
on  Merimack  river  northwest  and  Mr.  Crosbie's  land  westerly, 
the  breadth  next  Merimack  river  being  30  rods  and  50  rods 
broad  toward  Crane  meadow;  also  100  acres  being  formerly 
purchased  of  Mr.  Anthonye  Crosbie,  lying  on  the  easterly 
side  of  the  land  of  Robert  Swann,  being  15  rods  broad  next 
Merrimac  river  and  25  rods  broad  at  the  other  end;  also 
4  acres  of  meadow  at  the  west  end  of  Marke  Prime's  meadow, 
the  west  end  butting  on  the  upland  and  the  other  end  next  a 
swamp  on  the  north  and  upland  on  the  south;    also  100  acres 

*  Autograph. 


1679]  RECORDS    AND    FILES  215 

of  upland  lately  purchased  of  Richard  Thurley  butting  on 
Merrimack  river  northwest,  bounded  with  the  land  of  Francis 
Parrot,  late  deceased,  being  15  rods  broad  next  Merrimack 
river  and  25  rods  broad  at  the  other  end  toward  Crane  meadow, 
with  all  the  wood,  trees  and  timber,  etc.  Wit:  Tho.  Brad- 
bury, Wm.  Titcomb  and  John  Hale.  His  wife  Jane  Sewall 
released  her  dower,  7:3:  1663,  before  Samuell  Symonds. 
Recorded  July  5,  1670,  book  3,  page  155,  and  copy  made  by 
Robert  Lord,*  recorder. 

Abraham  Jewit  deposed  that  Mr.  Henry  Sewell,  sr.,  died 
possessed  of  the  house  that  was  formerly  Mr.  Carlton's  and 
Mr.  Sewall  in  his  lifetime  improved  his  gates  in  the  common 
and  ox  pasture  by  keeping  a  flock  of  sheep  upon  them.  Sworn 
in  court. 

Robert  Walker  of  Boston,  linen  webster,  aged  about  seventy- 
two  years,  testified  that  about  fifty-six  years  ago,  living  with 
his  father  in  the  town  of  Manchester,  Lancashire,  England, 
he  knew  one  Mr.  Henry  Sewall,  who  lived  in  the  same  town 
and  in  the  same  street  with  his  father,  who  was  "his  over- 
thwart  neighbour."  Afterward  said  Sewall  removed  with  his 
family  to  New  England  and  dwelt  in  Newbury,  deponent  being 
well  acquainted  with  him  after  his  coming  to  New  England 
and  was  frequently  visited  by  him  when  occasion  drew  him 
to  Boston.  Also  that  Mr.  Henry  Sewall  now  living  at  New- 
bury, whom  deponent  had  known  from  his  youth,  is  the  only 
son  of  said  Sewall.  Sworn,  Apr.  10,  1679,  before  Simon 
Bradstreet,*  dep.  Gov.,  and  Daniel  Gookin,  sr.,*  assistant. 

Samuell  Worster  deposed  that  Mr.  Sewall  told  him  that  he 
bought  Mr.  Edward  Carlton's  right  of  Merrimack  land  of 
Mr.  Jno.  Carlton,  Edward's  son,  etc.  Elizabeth  Worster 
testified  to  the  same.  Sworn,  June  21,  1679,  before  Nath. 
Saltonstall,*  assistant. 

Edward  Rawson,  of  Boston,  aged  about  sixty-four  years, 
testified  that  he  formerly  dwelt  at  Newbury  and  for  twelve 
or  thirteen  years  he  was  well  acquainted  with  Mr.  Henry 
Sewall,  sr.,  who  in  his  later  years  removed  to  Rowley  where 
he  died.  Also  Henry  Sewall,  jr.,  returning  from  England 
after  his  father's  decease,  called  Henry  Short  of  Newbury, 
his  attorney,  to  account  for  the  settlement  of  the  estate. 
Their  differences  were  referred  to  the  final  award  of  Major 
Tho.  Savage,  Mr.  Richard  Collucut  and  deponent,  which  was 
dated  Sept.  13,  1659.  Sworn  at  Boston,  June  18,  1679,  before 
Wm.  Hathorne,*  assistant,  and  Nath.  Saltonstall,*  assistant. 

George  White  deposed  that  about  Nov.  20,  he  was  at  Ezekiell 
Northen's  house  and  helped  measure  two  bushels  of  Indian 
corn  which  Longfellow  left  as  pay  for  the  laying  out.  Sworn 
before   Daniel   Denison.     Robert  Lord  testified   that  he  saw 

*  Autograph. 


216  SALEM    QUARTERLY    COURT  [June 

Hugh  March,  sr.  v.  William  Hilton.  Verdict  for  plaintiff, 
10,650  feet  of  merchantable  boards  according  to  bill.* 

the  corn  tendered  on  Nov.  25,  1678,  to  Jon.  Pickard.  Sworn 
in  court.     Copy  made  by  Hilliard  Veren,t  cleric. 

*Writ:  Hugh  March,  sr.  v.  Mr.  William  Hilton  and  Mr. 
Sam.  Hilton;  for  withholding  10,000  pine  boards;  dated  May 
28,  1679;  signed  by  Jo.  Woodbridge,t  commissioner,  and 
served  by  Henry  Dow,t  marshal  of  Norfolk,  by  attachment 
of  the  dwelling  house  and  land  of  defendant. 

Hugh  March's  bill  of  cost,  21i.  14s.  8d. 

Copy  of  Salisbury  court  record  of  Apr.  8,  1679,  in  a  similar 
action,  made  by  Tho.  Bradbury,t  recorder. 

Writ,  for  a  similar  action  brought  June  6,  1679,  signed  by 
John  Gillman,t  for  the  town  of  Exeter,  and  no  return  made. 

Copy  of  a  General  Court  order,  signed  by  Increase  Nowell, 
secretary,  made  at  Dover,  20  :  11  :  1676,  by  William  Pomfrett,t 
town  clerk:  "As  for  the  other  part  of  their  peticon  concerning 
freedome  from  being  Impleaded  in  other  Courts  of  this  Juris- 
diction this  Court  doth  declare  that  the  said  Inhabitants  (even 
by  theire  owne  agreement)  are  bound  to  the  Genrall  lawes 
&  orders  of  this  Jurisdiction  in  y*  point  as  Salem  &  Ipswich 
are,  nevertheless  this  Court  being  sencible  of  the  great  Burthen 
w^h  may  fall  upon  y'^  Inhabitants  of  the  said  River,  if  they 
shall  be  forced  (upon  smale  occacons)  to  travell  to  Boston 
or  other  Courts  farre  of,  Itt  is  therefore  ordered  y*  none  of 
y«  said  Inhabitants  shall  bee  compelled  upon  any  Originall 
Procese  out  of  the  limmits  of  Norfolke  to  answer  in  any  civill 
accon  for  any  Cause  whereof  the  Originall  debt,  or  dammage 
shall  not  truely  Exceede  one  hundred  Pounds  nor  shall  any  of 
the  said  Inhabitants  haue  liberty  to  call  any  person-out  of 
any  other  limmits  to  answer  in  any  like  accon  in  any  Court 
to  be  holden  in  Norfolke  under  the  said  valine,  Prouided 
alwayes  y*  if  any  person  shalbee  Attached  to  Answer  &c  in 
the  Court  of  that  Limmits  where  such  person  shall  be  At- 
tached." 

Letter  of  attorney,  dated  June  20,  1679,  given  by  William 
(his  mark)  HiltonJ  and  Sam.  Hilton§,  both  of  Pascadaq.  to 
their  brother-in-law  Christopher  Palmer  of  Hampton.  Wit: 
Benjamin  Palmerf  and  Timothy  Dalton.f  Sworn,  June  21, 
1679,  before  Samll.  Dalton,t  commissioner, 

Charles  Hilton,  aged  about  thirty-seven  years,  and  Aughter 
Bennitt,  aged  about  forty  years,  deposed  that  they,  Ed. 
Hilton,  Samuel  Hilton  and  others  pay  rates  for  country  and 
county  to  Dover  and  Portsmouth  and  have  done  so  for  many 
years  past.  Sworn,  June  23,  1679,  before  Samll.  Dalton,t 
commissioner. 

t  Autograph.  t  Seal.  §  Autograph  and  seal. 


1679]  RECORDS   AND    FILES  217 

Hugh  March,  sr.  v.  Georg  Sweate.     Verdict  for  plaintiff.* 

Bond,  dated  Mar.  21,  1677-8,  given  by  William  (his  mark) 
Hilton  and  Sam.  Hilton, f  both  of  Exeter  on  Piscattaq.  to 
Hugh  March,  sr.,  of  Newbery,  for  10,000  feet  of  pine  boards 
to  be  delivered  at  Lamprile  river.  Wit:  Anthony  Gooff  and 
Mary  (her  mark)  Levit.  Acknowledged,  Mar.  29,  1679, 
before  John  Gillman,t  commissioner.  Hugh  Marchf  affirmed 
the  same  in  court. 

Copy  of  a  General  Court  record  of  20  :  8  :  1658,  made  by 
Samuell  Dalton,t  commissioner:  Ordered  that  the  towns  of 
Dover,  Portsmouth  and  Yorke  choose  annually  some  meet 
persons  to  levy  171i.  10s.  payable  to  the  county  treasurer, 
also  for  the  arrears  since  the  order  was  made,  and  that  all 
the  inhabitants  to  the  eastward  of  Hampton  bounds  with 
Mr.  Hilton's  plantation  (Exeter  excepted)  shall  be  accounted 
within  this  county,  and  for  the  county  of  Yorke  to  take  in  all 
the  inhabitants  (except  those  of  Scarboro  and  Falmouth) 
who  are  hereby  enjoined  to  contribute  to  the  payment  thereof. 
Samuell  Dalton,t  associate,  also  testified  that  either  Edward 
or  William  Hilton  or  both  being  chosen  to  serve  on  the  jury 
in  Norfolke  and  not  appearing  were  summoned  to  the  next 
court  of  that  county  to  give  their  answer,  and  upon  producing 
the  foregoing  order,  they  were  discharged. 

*Writ,  dated  June  5,  1679,  signed  by  Jo.  Woodbridge,t 
commissioner,  and  served  by  Henry  Dow,t  marshal  of  Nor- 
folk. 

Gorg  Sweett's  bill  of  cost,  31i.  13s.  2d. 
'  Letter  of  attorney,  dated  June  20,  1679,  from  George  SweettJ 
of    Exeter   to    Mr.    Christopher    Palmer   of    Hampton.     Wit: 
Benjamin    Palmerf    and    John    Wedgwood. f     Acknowledged, 
June  23,  1679,  before  Samuel  Dalton,t  commissioner. 

Hugh  March,  jr.,  testified  that  Goarg  Sweet,  sometime  of 
Exeter,  often  came  to  his  father's  house  and  called  for  victuals, 
drink  and  horse  meat,  and  it  was  charged  on  the  book.  Sworn, 
June  23,  1679,  before  Jo.  Woodbridge,t  commissioner.  John 
March  testified  that  Sweet  had  often  had  quarters  in  his 
father's  house  and  never  knew  that  he  paid.  Sworn,  June  23, 
1679,  before  Nath.  Saltonstall,t  assistant. 

Hugh  March's  bill  of  cost,  21i.  8d. 

Robertt  Sinnott,  aged  about  fifty  years,  and  John  Wedg- 
wood, aged  about  thirty-nine  years,  deposed  that  in  the  spring 
of  1678  Hugh  March  came  to  Exeter  to  the  house  of  said 
Sinnott  and  accounted  with  Wedgwood  for  expenses  at  March's 
house.  Wedgwood  asked  how  much  Sweet's  account  was  and, 
looking  at  his  books,  he  replied  7s.     Then  he  asked  March 

t  Autograph.  t  Autograph  and  seal. 


218  SALEM    QUARTERLY    COURT  [June 

John    Procter   v.    Joseph    Procter    and    Benjamin    Procter. 

Verdict  for  defendants.* 

John  Poland  v.  Thomas  Patch.     Defendant  allowed  costs. f 

Nathaniell  Jacobs,  executor  of  the  will  of  Richard  Jacob, 

deceased  v.  Ephraim  Fellowes,  Joseph  Fellowes  and  Samuell 

Fellowes,  administrators  of  the  estate  of  their  father  William 

how  it  was  that  his  was  so  much  and  Sweet's  so  little  and 
March  replied  "when  Company  comes  to  my  House  I  will 
take  whome  I  please  for  paymaster."  Sworn,  June  23,  1679, 
before  Samll.  Dalton,|  commissioner. 

*Writ,  dated  June  19,  1679,  signed  by  Robert  Lord, J  for  the 
town  of  Ipswich,  and  served  by  Robert  Lord, J  marshal  of 
Ipswich,  by  attachment  of  the  house  of  defendants. 

Joseph  Procter's  bill  of  cost,  21i.  13s.  lOd. 

Henery  Benet,  John  Androse  and  John  Putnam  testified 
that  six  years  ago  they  were  asked  to  divide  a  farm  of  John, 
Joseph  and  Benjamen  Procter,  and  after  they  divided  the 
land,  the  stock  of  cattle  were  to  be  divided  by  Joseph  and 
Benjamen  paying  501i.  to  their  brother  John  Procter.  They 
then  tendered  him  the  money  but  he  refused  it  saying  that 
he  would  come  again  within  a  month.     Sworn  in  court. 

Thomas  Varny,  aged  about  forty  years,  testified  that  he 
was  at  the  house  which  was  formerly  his  father  Procter's, 
and  heard  Joseph  say  to  John  that  he  might  as  well  stay  and 
take  his  share  of  the  fifty  pounds.  He  was  then  going  away 
and  seemed  to  be  angry.     Sworn  in  court. 

Robert  Lord,  marshal,  aged  about  forty-seven  years,  de- 
posed that  John  told  him  that  his  brother  Joseph  had  tendered 
cattle  at  his  own  house,  "but  I  was  not  such  a  fooll  as  To 
Take  Them  There:  but  would  make  Them  bring  The  Pay 
To  my  hous."     Sworn  in  court. 

John  Procter, J  Joseph  Prockter|  and  Benjamen  Prockterf 
on  Mar.  27,  1673,  agreed  upon  Henery  Beenate  and  John 
Putnam  to  divide  the  estate  of  their  father  left  them  by  will. 
Wit:  Nathanell  PutnamJ  and  Henry  (his  mark)  Earle.  The 
return  of  the  division,  dated  Mar.  23,  1673,  made  by  John 
Putnam,!  John  Andrewes|  and  Henry  Benet. J  Owned  in 
court. 

Receipt  of  John  Procter^  of  Salem  to  his  brother  Benjamin 
Procter  of  Ipswich,  dated  June  1,  1678,  for  25h.  of  the  bill  of 
501i.  due  from  Benjamin  and  Joseph.  Wit:  Richard  (his 
mark)  Hutton  and  Richard  Croade.J     Owned  in  court. 

fJohn  Poland's  bill  of  cost,  21i.  5s.  6d. 

Thomas  Patch's  bill  of  cost,  21i.  6s. 

t  Autograph. 


1679]  RECORDS    AND    FILES  219 

Fellows,   deceased,  and  Isack  Fellowes  for  himself.     Verdict 
for  plaintiff.* 

*Writ,  dated  June  19,  1679,  for  molesting  Jacobs  in  the 
improvement  of  a  parcel  of  land,  which  was  a  corner  of  Cor- 
porall  John  Andrewes  farm  and  sold  by  him  to  Richard  Jacob, 
it  being  conjfirmed  to  said  Jacob  by  William  Fellows,  signed  by 
Robert  Lord,t  for  the  town  of  Ipswich,  and  served  by  Robert 
Lordjt  marshal. 

Copy  of  papers  in  a  similar  action  brought  in  Ipswich  court, 
Sept.,  1678. 

Nathaniel  Jacob's  bills  of  cost,  2h.  5s.  Id.  and  51i.  5s.  6d. 

Thomas  Jacob,  aged  about  thirty-nine  years,  deposed  that 
about  twenty-five  years  ago  after  his  father  Richard  Jacob 
had  bought  that  corner  of  John  Andrewes'  farm,  which  was 
bounded  by  the  mile  river  on  the  west,  by  the  upland  called 
Walker's  swamp  on  the  south,  and  by  the  land  that  is  now  the 
Fellowes  on  the  north,  he  helped  fence  it  in.  Also  that  the 
fence  is  now  in  the  same  place,  except  about  seven  or  eight 
rods  "that  is  downe  by  bridg  that  did  stand  about  one  Rode 
one  the  north  sid  of  the  coosway."     Sworn  in  court. 

Account  of  damage  to  Nathaniell  Jacob:  cost  at  court, 
21i.  5s.  Id.;  cost  of  appeal,  2h.  18s.;  taken  by  execution,  51i.; 
his  land  lying  to  the  common  where  he  was  forced  to  keep 
thirty  head  of  cattle  and  fifty  sheep  where  he  could  find  pasture 
for  them,  31i.;  digging  a  ditch  through  his  land  about  twenty 
rods  and  four  feet  wide,  digging  up  his  highway,  21i.;  by 
Samll.  Aj^ers,  3h.  2s.;  total,  18h.  5s.  Id.,  besides  trouble  and 
vexation  he  had  been  put  to. 

Thomas  Jacob,  aged  about  thirty-eight  years,  and  Joseph 
Jacob,  aged  about  twenty-two  or  three  years,  deposed  that 
Nathll.  Jacob  was  damaged  three  pounds,  etc.  Sworn  in 
court. 

William  Knowlton,  aged  about  thirty-six  years,  testified 
that  he  lived  with  Sargent  Richard  Jacob  about  fifteen  years 
ago,  etc.     Sworn  in  court. 

John  Browne  and  Isarell  Huniwell  testified  that  they  heard 
Thomas  Jacob  say  that  his  brother  Nathaniel  Jacob  had 
found  a  deed  of  the  land,  but  that  it  was  not  acknowledged 
before  a  magistrate.     Sworn  in  court. 

Thomas  Jacob,  aged  about  thirty-eight  years,  deposed 
that  his  father  Richard  Jacob  delivered  a  cow  and  Fellowes 
agreed  to  confirm  the  title,  which  he  did  by  a  writing  dated 
1665.     Sworn  in  court. 

John  Halef  testified,  June  26,  1679,  that  his  father-in-law 
Mr.  Richard  Jacob  of  Ipswich,  in  some  discourse  about  the 
advantages  of  his  farm,  signified  that  he  had  a  highway  by  the 

t  Autograph. 


220  SALEM    QUARTERLY    COURT  [June 

bridge  that  was  eastward  of  the  house  through  to  the  common, 
and  they  spoke  of  it  as  about  an  acre  and  that  it  cost  him 
201i.  Deponent  asked  how  land  in  those  times  should  be  so 
dear  at  Ipswich,  and  he  said  that  advantage  was  taken  of  his 
necessity.  Also,  when  Richard  Jacob,  his  brother-in-law, 
lived  upon  that  farm,  old  Goodman  Ephraim  Fellows  walking 
with  deponent  toward  the  bridge  said  he  was  troubled  that 
Richard  did  not  keep  the  bridge  in  better  repair,  etc. 

Isack  Fellows  testified  that  he  let  to  Samuell  Ayres  his 
part  of  the  farm  for  41i.  per  year.  Sworn,  July  20,  1678, 
before  Samuell  Symonds,*  Dep.  Gov. 

Ephraim  Fellows  and  Joseph  Fellows  testified  the  same. 
Sworn  before  Samuell  Symonds,*  Dep.  Gov. 

Thomas  Jacob,  aged  about  thirty-eight  years,  and  Thomas 
Knowlton,  aged  about  thirty-eight  years,  and  Simon  Willard, 
aged  about  twenty-nine  years,  deposed  that  they  saw  the 
deed  of  William  Fellowes  in  Nathll.  Jacob's  hand,  and  clerk 
Lord  was  one  of  the  witnesses.  It  was  acknowledged  before 
Mr.  Samuell  Simonds.  Sworn,  June  23,  1679,  before  Daniel 
Denison.* 

Joseph  Fellows  and  Nathaniell  Healy  deposed  that  Joseph 
Jacob  came  to  them  and  they  told  him  that  they  heard  that 
his  brother  Nathaniell  Jacob  had  found  a  deed  of  the  land,  and 
he  said  he  found  it  himself  when  he  was  looking  for  another 
writing  which  was  a  draft  of  a  farm  of  the  Jacobs',  part  of 
which  farm  they  sold  to  Goodman  Potter.  He  found  it 
sticking  up  between  the  ''sumer  and  the  end  of  a  gyes"  in 
Nathaniel's  house.  Thomas  Knowlton  said  that  one  snowy 
day  Nathaniel  made  the  search  and  there  were  some  old  papers 
that  Goodman  Jacobs  used  to  write  at  meeting  that  lay  some- 
where in  a  barrel  behind  the  chimney  and  among  these  they 
found  the  deed.  Sworn,  June  29,  1679,  before  Daniel  Deni- 
son.* 

Walter  Fayerfield,  aged  about  forty-eight  years,  and  Thomas 
Knowlten,  aged  thirty-eight  years,  deposed  that  they  searched 
for  the  maple  tree  mentioned  in  the  writing,  Feb.  1,  1665,  and 
they  found  it  felled  with  the  mark  upon  it.     Sworn  in  court. 

John  Choat,  aged  about  fifty-two  years,  testified  that  the 
fence  stood  as  it  did  when  he  hired  the  farm  of  Corporal  John 
Andras  above  twenty  years  ago.  Sworn,  June  19,  1679, 
before  Daniel  Denison.* 

Robert  Lord,  aged  about  seventy-six  years,  testified  that 
he  wrote  the  deed  dated  Feb.  1,  1665,  etc.  Sworn,  May  26, 
1679,  before  Daniel  Denison.* 

Simon  Willard  and  Barnod  Thorn  appraised  the  damage 
Nathll.  Jacob  sustained  for  want  of  the  way  to  the  common  at 

*  Autograph. 


1679]  RECORDS    AND    FILES  221 

Michaell  Chapleman  v.  Joshua  Ward,  commander  of  the 
pink  called  the  John  and  Elizabeth  of  Salem.  Verdict  for 
plaintiff.* 

Andrew  Pittamee,  attorney  to  Job,  heir  of  old  Will  of  the 
Falls  V.  Mr.  Henry  Sewall.     Withdrawn. 

Samuell  Cobbitt  and  Joseph  Roads  were  sworn  constables 
of  Lin. 

Mr.  John  Woodbridg  and  Mr.  WiUiam  Browne  were  sworn 
associates  for  this  county  for  the  ensuing  year. 

31i.  for  the  year.  Sworn,  June  23,  1679,  by  Wlllard  before 
Daniel  Denison,t  and  by  Thorn  in  court. 

*Writ:  Michaell  Chapleman  v.  Joshua  Ward,  commander 
of  the  pink  called  the  John  and  Elizabeth  of  Salem;  debt, 
for  sailing  with  him  on  the  late  voyage  to  Bilbor  about  seven 
months'  time;  dated  18  :  4  :  1679;  signed  by  Hilliard  Veren,t 
for  the  town  of  Salem;  and  served  by  Ja.  Poland,!  constable 
of  Salem  by  attachment  of  house,  and  land  of  defendant. 

Miall  Chapleman's  bill  of  cost,  Hi.  6s. 

Peter  Baulding,  aged  about  twenty-nine  years,  testified 
that  understanding  that  Chapleman  had  more  fish  on  board 
than  was  his  privilege,  the  latter  refused  to  give  the  weight. 
When  they  arrived  at  Bilboa,  deponent  weighed  it  and  there 
were  about  fifteen  and  a  quarter  quintals  in  Bilboa  weight, 
besides  three  couple  of  fish  which  he  gave  away.  Sworn  in 
court. 

Richard  Ball,  aged  about  twenty-six  years,  testified  that 
the  master  demanded  his  freight  due  from  Chapelman  besides 
his  privilege,  etc.  Sworn,  21  :  4  :  1679,  before  Edmund  Bat- 
ter,! commissioner  in  Salem. 

Joshua  Ward,  master,  and  agent  for  the  owners,  submitted 
the  following  account:  Miell  Caplman  shipped  on  board 
for  35s.  per  month  in  money  to  be  paid  when  they  arrived 
home,  beginning  Oct.  10,  1678,  and  returned  May  15,  1679, 
his  wages  being  121i.  lis.  2  l-2d.,  and  1  hh.  freight;  paid 
since  I  came  home  in  money,  41i.;  to  money  due  in  Billboa 
for  freight  7  peses  of  eight  with  advantage,  and  8  peses  of 
eight  for  duneg  which  is  part  of  forty  peses  of  eight. 

Letter  of  attorney,  dated  June  21,  1679,  given  by  Michaell 
(his  mark)  Chapleman|  of  Salem,  fisherman,  to  Mr.  Edmond 
Bridges.  Wit:  Nathaniell  Sharpef  and  Francis  Neal.f  Ack- 
nowledged, 21  :  4  :  1679,  before  Wm.  Hathorne,t  assistant. 

Edmond  Bridges  testified  that  Ward  said  that  Chapleman 
was  the  first  man  he  shipped,  etc.  Peter  Baldin  testified. 
Sworn  in  court. 

t  Autograph.  t  Seal. 


222  SALEM    QUARTERLY    COURT  [June 

Mathew  Nixon  acknowledged  judgment  to  Mr.  John  Crom- 
well, 

John  Pickworth  acknowledged  judgment  to  Samuell  Mor- 
gan.* 

Isaack  Elwell  acknowledged  judgment  to  Mr.  Jonathan 
Wade,  to  be  paid  in  fish.f 

Will.  Dodg,  tertius,  acknowledged  judgment  to  Mr.  Ed. 
Batter,  to  be  paid  in  fish. 

William  Benett  of  Manchester  had  his  former  license  re- 
newed until  the  next  November  court. 

Edmond  Bridges,  being  fined  by  the  commissioners  30s., 
half  was  allowed  him  for  prosecuting  the  law  against  Joseph 
and  Bethia  Gatchell  and  the  other  half  was  respitted. 

John  Kelly  was  appointed  administrator  of  the  estate  of 
John  Whitteere,  deceased,  and  was  ordered  to  bring  in  an 
inventory  to  the  next  Ipswich  court. 

Capt.  Richard  Walker,  Capt.  Tho.  Marshall  and  Mr. 
Thomas  Laighton,  chosen  to  end  small  causes  for  Lin,  were 
sworn. 

Theophilus  Baily  had  his  license  renewed  until  the  next 
Salem  court.  J 

Frances  Skerry  was  freed  from  common  training,  paying 
one  bushel  of  Indian  corn  yearly  to  the  use  of  the  company. 
Court  afterwards  being  informed  that  he  had  been  a  pensioner 
for  6s.  per  annum  for  several  years  past,  declared  that  he  was 
to  still  continue  a  pensioner. 

At  Ipswich  court,  Apr.  1,  1679,  Dea.  William  Goodhue  v. 

*Bond,  dated  May  3,  1679,  given  by  Joseph  (his  mark) 
Pickeworth  to  Samuell  Morgan,  for  41i.  in  fish.  Wit:  Eleazar 
Inguls§  and  Phillip  Parson. § 

fWrit:  Mr.  Jonathan  Wade  v.  Isaack  Elwell;  debt;  dated 
June  3,  1679;  signed  by  Robert  Lord,§  for  the  town  of  Ips- 
wich; and  served  by  Robert  Lord,§  marshal  of  Ipswich. 
Bond  of  John  (his  mark)  Kettell  for  Elwell's  appearance. 

^Approbation  of  the  selectmen  of  Lynn,  dated  6:4:  167  9 
said  Bayley  having  kept  a  house  with  good  entertainment  for 
strangers,  signed  by  Thomas  Laughton,§  Thomas  Marshall,! 
John  Fuller,!  Ralph  King,§  William  Bassett,§  Mathew  Far- 
ington§  and  John  Burrall.§ 

§  Autograph. 


1679]  RECORDS    AND    FILES  223 

Samuell  Bishop.  Debt.  Verdict  for  plaintiff.  John  Gittings 
and  William  Goodhue  bound.* 

At  Ipswich  court,  1:2:  1679,  the  jury  returned  a  verdict 
for  Abell  Langly,  as  plaintiff,  in  an  action  of  debt  brought 
against  Samuell  Bishop,  for  forfeiture  of  a  bond.  This  court 
moderated  the  bond,  to  be  paid  half  in  wheat  and  half  in 
barley.  John  Acey  and  Daniell  Wicom  bound.  Copy  from 
Ipswich  records,  made  by  Hilliard  Veren. 

Nathaniell  Ingerson  had  his  former  license  renewed. 

Mr.  William  Longfellow,  complaining  of  Mr.  Nehemiah 
Jewett  for  violently  seizing  his  money  under  pretence  of 
executing  his  office  as  marshal's  deputy,  court  ordered  that 
said  Jewett  return  the  money  and  pay  all  costs. f 

*Copy  of  the  records  and  files  in  this  action  taken  from  the 
Ipswich  court,  Apr.  1,  1679,  by  Robert  Lord, J  cleric. 

tWarrant,  dated  June  17,  1679,  for  Nehemiah  Jewett's 
appearance,  signed  by  Daniel  Denison,J  and  served  by  Theoph- 
ilus  Wilson, t  constable  of  Ipswich,  who  left  the  summons 
with  Jewett's  wife. 

Anthony  Ashby,  John  Acie  and  Henry  Williams,  all  aged 
about  forty  years,  testified  that  they  being  at  Goodman 
Hazen's  about  the  latter  end  of  April  when  the  attachment 
was  served,  etc.     Sworn  in  court. 

Willm.  Longfellow'sl  complaint:  that  such  oppression 
under  color  of  law  was  an  ill  precedent,  which  if  allowed  "the 
inocent  subjects  may  be  injuriously  troden  under  foot,  at  the 
pleasueres  of  unjust  officeres." 

Daniell  Wicam  testified  that  he  was  in  company  with  Ezekiel 
Northend,  John  Pickard,  Nehemiah  Jewett  and  others  when 
Henry  Williams  served  the  execution  upon  nine  gates,  and 
being  at  the  ordinary  in  a  room  near  where  they  were,  he 
heard  a  great  talking.  When  he  went  into  the  room,  Jewett 
had  his  hand  upon  some  money  which  lay  upon  the  table 
which  he  said  he  had  attached  belonging  to  Mr.  Longfellow. 
The  latter  said  it  was  his  brother  Moses  Gerrishes  money. 
"Then  I  sayd  to  Neh.  Jewett  If  you  haue  atached  the  mony 
&  it  bee  M""  Longfellows  I  suppose  you  know  how  to  come 
by  it.  Then  Moses  Geerish  Layd  downe  the  Remaynder  of 
the  mony  which  he  had  in  his  hatt,  upon  the  Table  &  Ne- 
hemiah Jewett  took  it  up."     Sworn  in  court. 

Willm.  Longfellow's  bill  of  cost,  21i.  16s.  2d. 

Ezekiell  Northend  and  Jno.  Pickard  testified  concerning 
what  occurred  at  the  ordinary.     Sworn  in  court. 

X  Autograph. 


224  SALEM    QUARTERLY    COURT  [June 

Richard  Reefe  had  his  license  renewed  to  retail  strongwater 
out  of  doors,  only  to  his  own  fishermen. 

Joseph  Gatchell,  for  breaking  prison  and  making  his  escape, 
was  sentenced  to  pay  a  fine,  to  be  imprisoned  for  one  week 
and  to  continue  thereafter  until  the  fine  be  paid. 

In  answer  to  a  petition  of  the  selectmen  of  Newberye,  court 
ordered  that  it  be  referred  to  Capt.  Danll.  Pearce  and  Hen. 
Jaquis  of  Newbery.  If  they  agreed  on  good  terms  with  any 
persons  who  w^ould  build  a  bridge  over  the  river  they  should 
have  the  profits  of  it  for  ten  years  according  to  former  allow- 
ance provided  they  fully  completed  the  agreement  within  one 
week  after  the  end  of  this  court.  In  case  thej^  could  find  no 
one  to  build  it,  the  bridge  was  to  be  demolished.* 

Mr.  George  Keaser  was  appointed  administrator  of  the 
estate  of  John  Gillow,  and  guardian  of  Robert  and  Sarra, 
children  of  said  Gillow. 

Hugh  March  was  dismissed  from  common  training,  paying 
5s.  per  annum  to  the  use  of  the  company  of  Newbery. 

Thomas  Cromwell,  Tho.  Rix,  Elias  Mason  and  Wm.  Smith 
were  dismissed  from  common  training,  paying  3s.  each  to  the 
use  of  the  company  in  Salem  belonging  to  Capt.  Price.  Other- 
wise to  attend  the  company  on  public  days  of  training  upon 
what  service  they  were  capable  of,  not  being  enjoined  to 
attend  in  their  arms. 

Mr.  Phillip  Parsons  was  licensed  to  sell  rum  out  of  doors  by 
retail  by  the  gallon  for  the  year  ensuing. 

John  Petherick  had  his  former  license  renewed  for  the 
ensuing  year. 

Moses  Geerish,  aged  about  twenty-three  years,  deposed 
that  he  went  with  Longfellow  to  Rowley,  etc.,  and  he  and 
Mr.  Philip  Nelson  were  sureties  for  him.  The  deputy  mar- 
shal of  Boston  called  Longfellow  into  another  room  to  pay 
him  the  money  for  his  court  charges,  which  deponent  had 
taken  for  him  when  Jewett  attached  it  and  took  it  away. 
Sworn,  June  20,  1679,  before  Jo.  Woodbridge,t  commissioner. 

♦Petition  of  the  selectmen  of  Newberry,  Anthony  Somerby,t 
Henry  Jaques,t  Peter  Cheneyf  and  Francis  Browne  if  that 
they  could  not  find  any  convenient  way  to  build  a  new  bridge 
over  the  river  and  the  present  bridge  being  dangerous,  they 
asked  the  court  to  take  the  matter  up  in  order  that  the  town 
might  not  be  liable. 

t  Autograph. 


1679]  RECORDS    AND    FILES  225 

Henry  Ball  dying  intestate,  Samuell  Aborne  was  appointed 
administrator  of  the  estate  and  was  ordered  to  bring  in  an 
inventory*  to  the  next  Salem  court. 

George  Darlin  had  his  license  renewed  until  Salem  court. 

Whereas  there  was,  at  a  former  court  in  Salem,  ordered 
out  of  the  estate  of  Cristopher  Codner,  deceased,  to  his  two 
children  601i.  to  be  paid  unto  theni  when  they  come  of  age 
and  the  house  and  ground  being  bound  for  security  of  the 
children's  portions,  the  daughter  being  of  age  some  time  since 
having  received  her  part,  201i.,  and  now  the  son  being  also  of 
age  and  none  appearing  to  pay  his  part  which  is  401i.,  court 
ordered  Mr.  John  Devorix  and  Mr.  Richard  Knot,  as  feeofees 
in  trust,  and  upon  the  request  and  desire  of  the  mother  and 
the  said  son,  to  enter  upon  and  take  possession  of  said  house 
and  ground,  sell  or  dispose  of  it  to  raise  the  amount  due  to  the 
son  Christopher. 

Ann  Devorix  and  Mary  Downing  testified  upon  oath  that 
Christopher,  son  of  Christopher  Codner,  deceased,  was  twenty- 
one  years  old  the  latter  end  of  September  last  past. 

On  June  17,  1679,  Mr.  Wm.  Symonds  dying  intestate,  the 
Hon.  Gov.  Simond  Bradstreet,  Esq.,  Maj.  Wm.  Hathorne,  the 
clerk  being  present,  administration  upon  the  estate  was  granted 
to  Mrs.  Mary  Symonds,  relict  of  said  Wm.,  and  Mr.  Jonathan 
Wade,  who  were  ordered  to  bring  in  an  inventory  to  the  next 
Ipswich  court.     Copy  made  by  Hilliard  Veren. 

Danill  Epps  and  Jon.  Emerson,  pastor  of  the  church  of 
Gloster,  on  June  16,  1679,  "having  waited  in  expectation  of  an 
oppertunity  of  conferring  with  such  as  possible  might  con- 
cerne  themselues  about  our  beloued  sister  Symonds  widdow 
&  relict  of  our  brother,  Mr.  Wm.  Symonds,  deceased,  but 
there  being  nothing  at  all  Intimated  or  proposed,  Doe  there- 

*Henery  Ball,  who  deceased  May  15,  1678,  was  indebted  to 
Samll.  Aburne  as  follows:  lent  him  40s.  in  money  to  pay  his 
passage  from  Newfoundland,  21i.;  paid  for  him  to  the  Doctor, 
31i.;  for  the  charges  of  his  dyet  and  tendance  in  the  tyme  of 
his  sicknes  which  was  7  months  &  for  damage  done  to  cloath- 
inge  and  beddinge,  lOH.;  total,  151i.  There  being  some 
clothing  sent  to  said  Ball  by  Mr.  Rosse,  master  of  the  Apsun 
ketch  and  51i.  coming  by  way  of  the  Barbados,  said  Aburne 
asked  power  to  recover  his  just  debt,  if  there  be  so  much  of 
the  said  Henery's  estate  in  the  country. 


226  SALEM    QUARTERLY    COURT  [June 

fore  in  y^  behalfe  of  our  selues,  &  the  rest  of  our  relations  con- 
cerned, lay  claime  to:  &  before  these  witnesses,  doe  take 
possession  of  the  houses  &  lands,  chattells  &  goods,  that  were 
the  proper  estate  of  Sam".  Simonds  Esq"^  late  deputy  Governor 
of  the  Massechusetts,  in  new  England,  deceased.  And  doe 
heareby  declare  that  there  is  noe  Intention  heareby  to  depriue 
our  hon'"^  mother  of  what  is  bequeathed  in  the  will  to  her  in 
any  measure  nor  our  sister  Simonds  of  her  just  proportion." 
Wit:   James  Chute  and  Richard  Brier. 

Richard  Martin,  on  June  21,  1679,  also  subscribed  to  the 
foregoing,  it  being  considered  by  him  a  rational  demand. 

Har.  Simonds,  on  June  24,  1679,  "being  more  principly 
concerned  in  my  hon^"^  fathers  estate,"  also  subscribed. 

Mr.  Daniell  Epps  and  Mr.  Jon.  Emerson,  in  behalf  of  them- 
selves and  the  rest  of  the  children  of  Samuell  Simonds,  Esq., 
late  deputy  Governor,  deceased,  who  are  interested  in  their 
father's  estate,  moved  the  court  not  to  settle  the  estate  until 
they  could  be  heard,  which  motion  was  granted.  These  records 
were  ordered  to  be  entered  in  the  Salem  court  records. 

D.  Epps'  petition,  dated  June  27,  1679,  to  the  court:  that 
he  was  desired  by  the  rest  of  the  "fraternity"  to  enter  a 
caution  about  the  estate  of  "our  honrd.  father,  Samuell  Sy- 
monds,"  the  administrators  appointed  not  having  yet  given 
bond,  although  the  estate  was  appraised  at  2,500  pounds  and 
the  bond  being  1,000  pounds,  requests  that  he  be  appointed  to 
take  an  inventory  of  the  estate,  said  Symonds  having  been 
deceased  eight  months,  and  their  brother  Wm.  Symonds  hav- 
ing died  about  one  m.onth  since.  Also  the  administrators 
should  make  a  return  of  the  estate  for  the  payment  of  the 
funeral  expenses,  according  to  his  will,  the  court  at  Boston 
having  empowered  him  to  do  this.  Court  granted  the  petition 
and  he  was  to  return  an  inventory  to  the  next  Ipswich  court.* 

Richard  Norman,  Capt.  More,  Mr.  Lattamore,  Nathll. 
Ingerson  and  Goodman  Edmonds  had  their  licenses  renewed 
for  the  year. 

Mr.  Croad's  license  was  renewed  until  the  next  Salem  court. 

Mr.   Haskett,   Mr.   Jon.   Higgenson,   Mr.   Maverick,   Capt. 

Wm.    Browne,    Capt.    Jon.    Corwin,    Mr.    Jon.    Gidney,    Mr. 

♦Petition  of  Daniell  Epps.f 
t  Autograph. 


1679]  RECORDS    AND    FILES  227 

Lindall,  Mr.  Bowditch,  Mr.  Ben.  Geerish,  Samll.  Shattock, 
sr.,  Richard  Rease,  to  his  own  fishermen,  Mr.  PhilHp  Parsons, 
per  gallon,  John  Petherick,  Mr.  Nehemiah  Willowby  and 
Capt.  Samuell  Ward  were  licensed  to  retail  strongwater  out 
of  doors. 

Court  ordered  that  if  Joseph  Gatchell  paid  31i.  before  sun- 
set, he  should  be  dismissed  from  prison.* 

Return  of  the  tythingman  of  Beverly:  Jon.  West,  Tho. 
Woodbury,  Zacha.  Herrick,  Edw.  Dodg,  Antho.  Wood,  Hen. 
Bally,  Jon.  Lovet,  jr.,  Jonathan  Boiles,  John  Benett  and 
John  Herrick. 

Benjamin  Chadwell  dying  intestate,  administration  was 
granted  to  Elizabeth,  the  relict,  who  brought  in  an  inventory.! 

*Warrant,  dated  26  : 4  :  1679,  for  appearance  of  Joseph 
Gatchell  and  wife  Bethia,  signed  by  Hilliard  Veren,|  cleric, 
and  served  by  Thomas  Hokkng,t  who  had  searched  diligently 
for  Bethia  but  could  not  find  her  within  the  bounds  of  Mar- 
blehead. 

Petition  of  Joseph  Gatchell  :|  that  he  was  shut  up  in  prison 
with  a  fine  to  pay  and  his  poor  wife  at  home,  "and  concernes 
at  home  in  y^  way  of  his  calling  as  for  matter  of  much  worke 
engaged  unto  divers  of  his  good  Customers  &  if  being  shutt 
up  here  in  this  noysom  place  not  fitt  for  a  christian  man  to 
breath  in  will  not  onely  greatly  damnific  yo""  poor  petitioner 
as  to  y''  getting  of  anything  for  y''  releif  of  himself  &  family 
&  dissobling  of  his  Customers;  but  also  assuredly  hazard  y^ 
health  &  life  of  yo""  poore  petitioner;  it  being  impossible  that 
any  humane  creature  should  endure  to  liue  in  so  pestiferous  a 
stinke,"  etc. 

jlnventory  of  the  estate  of  Benjamin  Chadwell,  lately 
deceased,  taken  June  17,  1679,  by  John  NewhallJ  and  Samll. 
Cobbett:t  the  DwelKng  house  and  Barn  and  4  Acres  of  Land 
adjoyning  thereunto,  651i.;  five  Acres  more  of  upland,  and 
nine  Acres  of  meadow,  701i.;  A  Bedstead  and  bedding  belong- 
ing thereunto,  31i.  10s.;  in  Linnen,  5s.;  two  small  potts  and 
pot  hooks  and  a  Tramell,  14s.;  an  old  warming  pan  and  fry- 
ing pan,  2s.;  In  Peuter  and  a  smoothing  Iron,  5s.;  cradle, 
a  small  Barrell  and  other  wooden  ware,  7s.;  foure  pound  of 
toe  yarne,  5s.;  A  sow,  12s.;  Linnen  wheel  and  a  woollen 
wheel,  6s.;  total,  141H.  6s.  Just  Debts:  for  an  Acre  of  mead- 
ow (taken  into  the  inventory)  morgaged  for  41i.  lis.  in  mony; 
an  Acre  and  a  quarter  of  upland  or  thereabout  taken  into  the 
inventory,  that  was  made  over  for  ye  widows  present  supply 

t  Autograph. 


228  SALEM  QUARTERLY  COURT  [June 

The  estate  was  to  remain  in  the  widow's  hands  for  the  bringing 
up  of  the  children  until  they  come  of  age,  and  if  any  estate 
then  remain,  it  should  be  divided,  half  to  the  widow  and  half 
to  the  children. 

The  will*  and  inventory  of  John  Pearson  were  proved  upon 
oath  of  Wm.  Cowdry  and  Jeremiah  Swayne,  and  administra- 
tion was  granted  to  Maudlin,  the  relict,  and  John  Pearson, 
his  son. 


received  in  mony,  51i.;  two  Acres  and  a  half  of  meadow  mor- 
gaged  to  John  Newhall  for  71i.  in  money,  which  71i.  was  re- 
ceived by  Benjamin  Chadwel;  to  John  Newhall,  2H.  5s.  6d. 
in  mony;  Thomas  Newhall,  Hi.  3s.  9d.  in  mony;  John  Tar- 
box,  15s.  in  mony;  Eliezer  Lynsee  for  the  Country  Rates, 
Hi.  4s.  lid.;  James  Walls,  9s.;  Elisabeth  Engolls,  10s.  in 
money;  Thomas  Laighton,  3s.;  Joseph  Armitage,  5s.;  Sam- 
uel Hart  for  setting  up  new  fence,  Hi.  10s.;  Mrs.  Hauthorn, 
16s.;   total  251i.  13s.  2d. 

*Will  of  John  (his  m.ark)  Persson,  sr.,  dated  Apr.  19,  1679: 
''secondly  My  will  is  That  My  Deare  &  Louinge  wife  Maudlin 
shall  haue  the  hole  Improuemente  of  1 1  all  1 1  the  Land  &  Catell 
that  I  haue  in  My  hands,  and  of  the  orcherds  &  Meddows  and 
all  houshold  stuf  with  in  dores  and  all  Impelments  of  hus- 
bandery  with  out  dores  3  I  giue  unto  My  Sonn  John  Persson 
all  the  farme  that  I  now  Line  uppon  with  all  the  Medowes 
Belonging  Thearunto  Excepting  Twenty  Ackers  of  the  upland, 
which  Twenty  ackers  of  upland  I  giue  unto  My  Daughter 
Sarah  and  to  her  Cheldren  And  if  euer  My  Daughter  Sarah  hath 
a  mind  to  sell  this  Twenty  Ackers  of  Land  They  shale  sell 
it  to  none  But  to  My  Sonn  John  or  to  his  Children,  they 
giuing  for  it  soe  mutch  as  Tow  Indiferent  Men  shale  Judge  it 
to  be  worth  which  Twenty  Ackers  shale  Leye  as  followeth: 
beging  at  the  heighwaye  and  soe  a  longe  By  the  Line  that 
Runnes  bettwen  goodman  Poles  Lande  and  Mine  4  I  giue 
Unto  My  Daughter  Sarah  and  to  her  Cheldren  Tenn  Ackers 
of  Meddow  Leying  in  the  great  Meddow,  tow  Ackers  of  this 
Meddow  is  now  in  the  handes  of  Edward  Tayler  and  I  giue  it 
to  you  at  his  deaseas  further  More  I  giue  Unto  My  Daughter 
Sarah  and  to  her  Cheldren  A  parssell  of  Land  Bee  it  More  or 
Less  that  Leyeth  Beyond  Ipswidg  Riuer  at  the  head  of  Red- 
ding Boundes  that  was  somtimes  Richard  [Hordwels?]  and  a 
parssell  of  swampy  land  Leying  in  the  great  swampe  fine 
Ackers  or  thear  aboutes 

"I  giue  Unto  My  Daughter  Marey  Burnap  and  ||  to  ||  her 
Cheldren  Thirty  Ackers  of  upland  Leying  Betwen  the  Landes 
of  Jonathan  Poole  and  Robarte  Burnap  be  it  More  or  Less 
further   More  I   giue   Unto   My   Daughter   Mary  Burnap   A 


1679]  RECORDS    AND    FILES  229 

parssell  of  Land  forty  Ackers  or  ther  abouts  Leying  near  to  the 
Land  of  Mas.  John  hauke  or  Adjoyning  to  it  and  to  her  Chel- 
dren  further  More  I  giue  Unto  My  Daughter  Marey  Burnap 
and  to  her  Cheldren  Tenn  Ackers  of  Meddow  tow  Ackers  of  it 
Leyinge  in  the  wigwam  Meddow  and  eight  Ackers  Leying 
in  the  great  Meddow  6  I  giue  Unto  My  Daughter  Bethia 
Carter  And  to  her  Cheldren  A  parssel  of  Land  Leying  in 
Redding  Boundes  eighty  Ackers  or  thear  abouts  with  the 
Medow  Belonging  thear  Unto  and  Eight  Ackers  of  Meddow 
Leyinge  in  the  greate  Meddow  further  More  I  giue  unto  My 
Daughter  Bethia  Carter  Three  pound  A  year  yearly  to  Be 
payd  to  her  during  her  naturall  life  Twenty  shillinges  a  yeare 
in  Monies  of  it  to  be  payd  to  her  By  My  Sonn  John  Persson 
or  By  his  heires  excecutors  or  Administrator  or  Assignes 
prouided  That  the  Land  and  Meddow  That  I  haue  giuen  to 
her  and  the  Three  pound  a  yeare  doath  not  Amount  to  Aboue 
one  hundered  pounds  7  further  more  I  giue  unto  My  Sonn 
John  Persson  a  peese  of  Cedor  swamp  that  was  the  widdow 
Dustins  that  Leyeth  in  the  Cedor  Swamp  in  the  Boundes  of 
Reddinge  further  More  I  giue  Unto  My  Sonn  John  Persson 
An  Acker  mor  or  Less  an  Acker  of  salte  Marshe  that  Leyeth 
in  the  Towne  Marshe  att  Linn,  with  the  Remaynder  of  the 
Thirty  Ackers  of  Meddow  that  Leyeth  in  the  great  Meddow 
to  him  and  to  his  Children  And  all  the  Landes  &  Meddowes 
that  I  haue  giuen  to  him  shale  be  to  him  and  to  his  Children 
and  to  his  Childrens  Children  foreuer  And  further  More  all 
the  Landes  &  Meddowes  That  I  haue  giuen  to  all  the  Reste 
of  My  Children  shalbe  to  them  and  to  ther  Children  &  to 
ther  Childrens  Children  for  euer  But  in  Case  My  Children 
or  Childrens  Children  shale  see  cause  out  of  som  nessesary 
Tey  of  Concienc  shale  see  Cause  to  Remoue  Ther  habi- 
tasion  that  this  will  of  Mine  shale  not  tey  them  But  that  then 
they  Maye  Sell  ther  Landes  8  My  will  is  that  My  Daughter 
Sarah  Tounsend  shale  haue  the  use  of  halfe  the  Barne  which 
they  are  Capabell  of  getting  one  for  them  selues  further  More 
I  giue  Unto  My  Daughter  Sarah  Townsend  the  use  of  the 
Tow  peeses  of  Meddow  That  Leyeth  within  the  farme  for 
fiften  year  after  the  Date  hearof  And  My  will  is  that  the  Landes 
And  Meddow  that  I  haue  giuen  to  her  And  the  Rente  of  theas 
tow  peeses  of  Meddow  shale  bee  Made  up  one  hundred  pounds 
''9  My  will  is  that  My  Daughter  Marey  Burnap  that  the 
Lands  and  Meddow  that  I  haue  giuen  to  her  and  her  Cheldren 
shale  bee  made  up  one  hundren  pound  10  I  giue  unto  My 
Deare  wife  Maudlin  The  Time  that  I  haue  in  My  Seruants 
that  is  yet  Remayning  to  serue  further  More  11  My  will  is 
That  My  Sonn  John  Persson  shale  Improue  all  the  Land  and 
Meddow  for  My  wife  Maudlin  his  Mother  for  her  use  hee 
hauing  one  halfe  of  the  Increase  for  his  paynes  And  Care, 


230  SALEM    QUARTERLY    COURT  [June 

John  Persson  is  to  haue  John  Lilly  at  Comand  for  to  help  him 
for  the  Improuement  of  the  Land  12  further  More  My  will 
is  That  the  three  score  Ackers  of  Land  That  Leyeth  Beyond 
Ma^  Dillingams  Meddow  shalbe  sould  for  the  use  of  the  famely 
as  My  wife  Maudlin  shale  see  Cause  13  further  More  My 
will  is  That  the  Thirty  Ackers  of  Meddow  in  The  greate 
MeddOw  that  I  haue  giuen  to  My  Children  shale  equally  Bee 
deuided  amongste  ||  them  ||  according  to  each  mans  propor- 
tion 14  Lastly  My  will  is  That  none  of  all  the  Landes  and 
Meddowes  That  I  haue  hear  in  this  My  will  giuen  to  my 
Cheldren  shale  not  Bee  Theirs  untill  After  the  death  of  My 
Deare  wife  Maudlin  Persson."  Wit:  William  Cowdry*  and 
Jeremiah  Sweyen*. 

Inventory  of  the  estate  of  John  Persson,  taken  May  14, 
1679,  by  William  Cowdrey*,  Thomas  Bancrofte*  and  Han- 
aniah  Parker:*  the  housing  and  homstead  Land  and  Meddow, 
5001i.;  Thirty  Ackers  of  upland  called  Newels  Lott,  361i.; 
forty  Ackers  of  upland  By  John  haukes,  301i.;  one  Acker  of 
salte  marche,  51i. ;  Thre  score  Ackers  of  uplands  in  the  woodes, 
161i.;  Thirty  Ackers  of  Meddow  in  the  great  medow,  12011.; 
Tenn  Ackers  of  Land  beyond  Ipswidg  River,  51i.;  eighty 
Ackers  of  upland  beyond  Ipswidg  River,  25h.;  a  parssel  of 
Meddow  in  the  hundred  Ackers,  181i.;  five  Ackers  of  wett 
swampe,  31i.;  tow  Ackers  of  Meddow  in  the  wigwam  Med- 
dow, 51i.;  A  parssel  of  Cedor  swamp,  51i.;  Three  horses,  41i.; 
fower  oxen,  20K.;  fower  Cowes,  15H.;  yonge  Cattell,  9H.; 
14  sheep  and  nine  Lambes,  61i.;  fower  swine,  2H.  10s.;  fether 
bead,  Rugg,  boulsters  &  pillowes,  51i.;  coverled  &  a  bead  & 
2  flock  pillowes,  21i.  3s.;  another  Bead  &  boulster  &  blancket, 
Hi.  5s.;  sheets  and  Tabel  Linnen,  61i.;  puter  one  &  other, 
21i.;  Brasse,  IH.  10s.;  In  Iron,  Thre  pots  and  a  fring  pan, 
Hi.  15s.;  Milke  vessels,  Trayes,  dishes  &  spones,  IH.  15s.; 
Andianers,  2  spits,  driping  pan  and  Iron  back,  21i.  10s.;  Tram- 
els,  fire  pan,  Tonges  and  smothing  Irons,  15s.;  Tabels,  Chayers, 
a  setell,  Cushins  &  a  fourme,  21i.  10s.;  Armes,  21i.  10s.; 
Chests  and  Boxes,  Hi.  8s.;  woolen  yarne  &  Linnan  Cotten 
yarne,  4h.;  Cider  Caske,  31i.;  chees  Toub,  pondering  toub  & 
meash  tub,  15s.;  wheels  and  cards,  Hi.  5s.;  glasses  and  erthen 
ware,  6s.;  Books,  2H.;  Cartes,  plowes,  chaynes  &  howes,  41i. 
12s.;  Beetel  Ringes,  wedges.  Iron  morter,  Hi.  5s.;  Iron  Crowes, 
a  spade  and  shovell.  Hi.  8s.;  a  fann,  winow  sheete  and 
Mesures,  17s.;  scales,  wayts  and  sives,  15s.;  Axes,  forkes 
&  sikels,  10s.;  carte  Rope,  sadel  and  pillyon,  IH.  15s.;  sithes, 
sheep  sheeres  &  a  hamer,  15s. ;  Creditt,  7H. ;  Three  yards  of 
Carsey,  Hi.  10s.;  his  waring  Aparell,  lOli.  10s.;  total,  89711. 
19s.     Debts  owing,  71i. 

*  Autograph. 


1679]  RECORDS    AND    FILES  231 

Sarah,  relict  of  Samuell  Mansfeild,  was  appointed  adminis- 
tratrix of  his  estate,  to  settle  according  to  an  agreement  made 
by  her  consent  with  the  parties  subscribed,  and  she  also  brought 
in  an  inventory.* 

*Nuncupative  will  of  Samuell  Mansfeild,  who  died  of  the 
smallpox  in  Lynn,  dated  20  :  4  :  1679,  given  into  court  by 
Nathaniel  Bersherm,t  Sarah  (her  mark)  Mansfeild,  Thomas 
Laughton,t  and  Andrew  Mansfeildf.  He  left  a  wife  and 
three  children,  the  eldest  of  them  being  a  son,  also  a  father, 
and  the  widow  had  a  father  living.  The  nearest  relatives 
agreed  to  leave  the  division  of  the  estate  for  the  benefit  of 
the  widow  and  children  to  Mr.  Thomas  Laughton,  sr.,  Andrew 
Mansfeild  and  Nathaniell  Barsham,  which  they  divided  in 
the  following  manner:  the  inventory  amounting  to  15411.  8s. 
6d.,  and  the  debts  amounting  to  171i.  4s.  7d.,  there  was 
remaining  137h.  3s.  lid.;  to  the  widow,  a  third  of  the  estate, 
451i.  14s.  8d.;  to  the  son  Andrew  Mansfeild,  four  acres  of 
upland,  adjoyning  westerly  along  his  grandfather  Mansfeilds 
house  lott  &  three  acres  of  salt  marsh  in  Rumnye  marsh 
adjoyning,  northerly  uppon  his  grandfathers  marsh  &  seauen 
pounds  fourteen  shillings  &  eight  pence  to  be  paid  by  the 
estate  in  the  widows  hand,  451i.  14s.  8d. ;  and  the  two  daugh- 
ters twentye  two  pounds  17s.  4d,  per  peece  out  of  the  estate 
in  the  widow's  hand,  451i.  14s.  8d.  The  widow  was  to  have 
the  whole  estate  for  the  children  until  they  became  of  age, 
but  if  the  widow  died  before  they  became  of  age,  they  were 
to  have  their  portions.  The  dwelKng  house  and  land  were 
held  as  security  for  the  portions,  the  widow  to  keep  the  house 
and  fences  in  good  repair.  "Samll.  Mansfeild,  deceased  gaue 
unto  his  father  Andrew  Mansfeild  his  son  Andrew  aboue 
mentioned  &  this  was  done  as  his  last  words  on  his  death  bed: 
&  his  wife  the  widdow  &  her  fereinds  consenth  therunto  untill 
hee  come  to  the  age  of  twenty 3  one  years  &  that  his  said 
father  Andrew  Mansfeild,  accepts  of  him  &  ingageth  to  bring 
him  up  at  his  own  charge." 

Inventory  of  the  estate  of  Samuell  Mansfeild  of  Lynn,  who 
died  Apr.  10,  1679,  taken  by  John  Newhallf  and  Robt.  (his 
mark)  Rand:  His  dweUing  house,  orchard  &  land  adjoyning 
the  house  &  4  acres  of  marsh,  941i.;  2  cowes,  61i.  10s.;  2  two 
year  ould  heifers,  4H.;  1  year  old  heifer,  Hi.  6s.;  1  Horse,  41i.; 
6  ewe  sheepe,  &  3  Lambes,  21i.  14s.;  5  yong  swine,  2H.;  two 
Hives  of  Bees,  10s.;  pistills  &  houlsters.  Hi.  15s.;  Back  sword 
&  belt,  9s.;  Cuttlaste  &  Belt,  18s.;  a  gun  scorer,  Hi.  5s.;  a 
sadle  &  Croop,  15s.;  a  bridle,  4s.;  a  pillion  &  pillion  cloath, 
Hi.;    wearing  Apparrill,  two  hatts  &  stockings,  31i.;    11  yards 

t  Autograph. 


232  SALISBURY    QUARTERLY    COURT  [June 

Susan,  relict  of  Phillip  Harden,  was  appointed  administra- 
trix of  his  estate.  The  whole  estate  was  to  remain  in  her 
hands,  only  201i.  at  her  decease  was  to  be  paid  out  of  the 
estate  to  Jane,  their  only  child.* 

of  woollen  Cloath,  Hi.  18s.  6d.;  3  Coverlids  &  3  blanckitts, 
31i.;  3  pare  of  sheets,  Hi.  10s.;  a  bed,  boulster  &  3  pillows, 
21i.;  Bedstead,  Curtains  &  Vallens,  Hi.  16s.;  A  pare  of  Boots, 
16s.;  a  loome  &  weaver's  tackling  belonging,  31i.  19s.  6d.; 
2  chests  &  a  box,  7s.;  a  table  &  cradle  rug,  8s.  6d.;  sheers 
&  stooles,  5s.;  An  Iron  pott,  2  puter  dishes,  a  chafin  dish, 
tinn  ware,  earthen  ware,  glass,  Hi.  12s.  6d.;  a  table  Cloath, 
2  shurts,  napkins,  towells  &  a  Lether  Apron,  18s.;  a  frying 
pan,  a  pare  of  tongs,  an  axe,  an  hoe,  10s.;  a  raiser  hone,  6s.; 
siser,  6d.;  2  sithes,  &  tackling,  10s.;  wool,  10s.;  wool,  10s.; 
Lyning  yarne,  Hi.  10s.;  a  reele  &  wheele,  10s.;  a  Loome, 
Lathe  &  blocks,  tridles  &  stretchers  &  irons  belonging  to  it, 
21i.  5s.;  2  pare  of  temples,  2s.;  a  pare  of  Blocks  &  wheels. 
Is.  6d.;  2  pare  of  shafts,  2s.;  2  sydar  barrills  &  an  Hamer, 
7s.  6d.;  sum  Lumber,  6s.;  a  pare  of  scales.  Is.;  woolen  yarne, 
9s.,  10  dozen  of  buttons,  5s.,  2  Lamps,  2s.,  halfe  a  cover  lid, 
slea  &  Harnis,  19s.  6d.;  a  sheep  rack,  5s.;  a  rave,  3s.;  a  shutle, 
2s.;  an  ould  slea,  3s.;  a  forke  &  rake,  2s.  6d.;  2  ell  sleas  & 
harniss  belonging  to  them,  Hi.  10s.;  1  yard  slea  for  carsye 
&  harnis  belonging  to  it,  8s.;  2  sleas  for  Lyning  &  harnis  for 
ym.,  10s.;   total,  15411.  8s.  6d. 

*Will  of  Phillip  Herding,t  dated  Nov.  5,  1678:  "I  giue 
unto  my  Loueing  wife  Elisabeth  herding  all  the  Lower  Roomes 
of  my  house  with  the  appurtinances  thereunto  Belonging 
Item  I  giue  to  my  Daughter  Jane  herding  all  the  upper  Roomes 
with  the  appurtinances  thereunto  Belonging  to  Be  Equally 
Shared  Between  my  wife  &  my  Daughter:  of  the  Chamber 
and  if  my  Daughter  will  not  Repaire  that  Share  of  my  house 
giuen  her  then  my  will  is  that  she  shall  not  Liue  In  it:  till 
her  mothers  Discease:  and  then  I  doe  giue  it  to  my  daughter 
and  her  heires  for  Euer  Item  I  make  m""  Ambrosse  gale  my 
whole  Executo''  to  Se  this  my  Last  will  and  testament  per- 
formed."    Wit:    John  Eyresf  and  George  Freshwatr.f 

Inventory  of  the  estate  of  Philip  Harding,  late  of  Marble- 
head,  taken  June  23,  1679,  by  Richard  Normanf  and  James 
Dennes:t  a  house  and  garden  plot  adjoyning,  401i.;  Bed- 
stead, bed  and  furniture  belonging,  61i. ;  Two  iron  pots,  one 
iron  kettle  &  one  brass  kettle,  Hi.  6s.;  one  cupboard,  one 
table  &  five  joint  stools,  six  chairs.  Hi.  lis.;  peuter  platters 
and  basons  and  a  peuter  pott,  21i.  10s.;  three  chests,  15s.; 
old  suit  of  cloths,  two  hats  and  six  cushions  &  pr.  andirons, 

t  Autograph.  J  Autograph  and  seal. 


1679]  RECORDS    AND    FILES  233 

The  will  and  inventory*  of  Thomas  Cole  were  proved  and 
allowed. 

Sarah,  the  relict  and  administratrix  of  the  estate  of  Capt. 
Wm.  Hathorne,  presented  an  inventory,!  and  the  whole 
estate  was  ordered  to  her  own  use. 

Nathaniell  Hunn  dying  intestate,  administration  upon  his 
estate  was  granted  to  the  relict,  who  brought  in  an  inventory.  J 
Court  ordered  the  estate  to  remain  in  her  hands  for  her  and 
her  children's  use. 

Hi.  10s.;  three  sheets  and  six  napkins,  15s.;  a  desperate 
debt  of  341i.  5s.  due  from  Laurence  Barnes. 

*Inventory  of  the  estate  of  Thomas  Cole,  taken  Apr.  20, 
1679,  by  Hilliard  Veren,  jr.,§  and  Richard  Croade:§  a  dwelling 
hows  wth  about  an  acker  of  Land  adjoineing  pt.  of  wch  being 
ye  Land  Abra.  Cole  built  2  howses,  &  out  howseinge,  501i.; 
a  tenn  acker  Lott  lying  in  ye  Northfeild,  301i.;  fower  Cows, 
lOli. ;  two  swine,  Hi.;  old  cask,  a  chest  &  other  Lumber  in 
ye  chamber,  10s.;  1  fether  bed  wth  ye  furnitture,  41i.;  1  old 
trundle  flockbed,  10s.;  1  cubbard,  10s.;  1  Chest,  5s.;  2  brass 
kettles.  Hi.;  2  Iron  potts,  10s.;  3  puter  dishes  &  smal  parcel 
of  Erthen  dishes,  &c.,  10s.;  1  old  table,  chairs,  formes  & 
belos,  5s.;  Pott  hangers,  1  pr.  old  Andirons  &  tongs,  5s.;  1 
old  bras  pott  &  skillit  &  spitt,  3s.;  2  bushels  of  Indian  corne, 
4s.;  1  old  scith,  2s.;  some  other  old  Lumber  not  valeuable; 
total,  991i.  14s.  The  estate  in  Debt  to  sundry  persons  about 
121i. 

flnventory  of  the  estate  of  Capt.  William  Harthorne, 
taken  by  Thomas  Stace§  and  Resolved  White,§  and  brought 
into  court  by  Sarah  Harthorne§ :  A  Bead  and  Beading  belong- 
ing to  itt,  61i.  6s.;  curtings.  Hi.  10s.;  and  Cushings,  15s.,  21i.  5s.; 
Tabell,  Stulls,  carpit  and  Chayers,  Hi.  18s.;  2  Chests,  2  littell 
Trunks  &  3  Boxes,  21i.  4s.;  plate,  31i.  10s.,  A  parsell  of  puter 
&  Brasse,  41i.,  71i.  10s.;  A  parsell  of  Arthing  waer.  Hi.  10s.; 
A  parsell  of  Iron  waer,  51i.  10s.;  Books  and  Lining  and  some 
other  things,  191i. ;  Cash,  41i.  6s.,  204  gall,  of  Rume  20d.  per 
gall.,  211i.  6s.;  molossus,  41i.,  a  pece  of  salt  mash,  71i.,  llli.; 
A  Cowe,  21i.  5s.,  A  maer,  20s.,  31i.  5s.;  A  case  of  Bottils,  mor- 
ter  &  pesell,  14s.;  Beadstead  and  some  small  Caske,  12s.; 
Shuger,  12s.,  parsell  of  woden  waer  with  2  whells,  Hi.  17s.; 
Debts  due  to  ye  Estate,  121i.  9s.  lid.;  allsoe  due  from  the 
Country  in  mony,  51i.;  total,  10211.  8s.  lid.  Allsoe  halfe  of  a 
farme  lyeing  about  Groaton  not  yet  pryzed.  Debts  due  from 
the  Estate,  591i.  8s.  5d. 

Ilnventory  of  the  estate  of  Nathaniel  Hunn,  taken  by 
Richard  Croade§  and  Robert  Kitchen§:    One  feather  Bed  & 

§  Autograph. 


234  SALEM    QUARTERLY    COURT  [June 

Nathan  Parker  dying  intestate,  administration  upon  the 
estate  was  granted  to  Mary,  the  widow,  who  was  to  have  the 
whole  estate  for  the  education  and  bringing  up  of  Mary,  the 
daughter  of  deceased.  The  daughter  was  to  have  half  the 
estate  at  age,  and  the  house  and  land  were  bound  for  security.* 

The  willf  and  inventory  of  William  Allen,  brought  in  by 
Elizabeth,  the  executrix,  were  proved  and  allowed. 

furniture,  71i.;    one  Chest  of  drawers,  21i.;    one  Chest  &  box, 

15s.;    small  chest  &  Two  ,   18s.;    fower  Chaiers,   8s.,  2 

Iron ,  Hi.  8s.;   one  frying  pann,  Hi.  2s.;   one  Skillett,  one 

&  fire  shovell,  5s.;   one  p  and  Irons ,  10s.;   one  Spitt 

&  2  ham  &  Smoothing  Iron,  8s.;    2  Candlesticks,  three 

,  5s.;   One  Trundle  Bed,  21i.  10s.;   five  baskitts  &  2  pailes, 

9s.;  peuter  platters,  Hi.  15s.;  One  Spining  wheele,  3s.;  Linen 
as  Sheets,  Napkins  &c.,  51i.;  Rumm  Barrells  &  wooden  ware, 
6s.;  Debts  oweing,  61i.  18s.  &  debts  due,  61i.  5s.;  his  wearing 
Cloathes,  21i. ;   Two  bibles,  5s.  each,  10s. ;  total,  271i.  12s. 

*Inventory  of  the  estate  of  Nathan  Parker,  who  deceased 
Apr.  6,  1679,  taken  by  Wm.  ChandlerJ  and  Stephen  Grenlefe, 
sr.:t  house  &  halfe  an  Acree  of  land,  701i.;  about  five  Acrees 
of  marsh  meadoe  ground,  191i.;  a  mare,  a  cow,  4  sheepe  and 
3  lambs,  lOli.  10s.;  three  swine,  30s.,  wearing  apparell  &  sum 
Linen,  71i.  10s.,  91i.;  beding,  bedsteads  and  sheetes,  lUi.  6s.; 
Iron  Cettles,  pott  and  tramell  &  small  skellett,  21i.  5s.;  bridle, 
sadle  and  pillion.  Hi.;  peuter,  glass  bottles  and  bookes,  Hi.; 
working  tooles,  31i.;  a  gunn,  snappsack,  bandelers,  pouder 
homes,  pouder.  Hi.  15s.;  Chestes,  table  and  boxes,  chaires 
and  lumber,  31i.;  bedstead,  sledd  and  reele,  Hi.;  tennant  saw 
&  a  long  percer  bitt,  10s. ;  due  to  him  uppon  severrall  Accounts, 
281i.;   total,  1611i.  6s.     Debts  131i.,  making  total,  14811.  6s. 

fThe  will  of  Willallam  (his  mark)  Allen,  sr.,  of  Manchester, 
dated  June  7,  1678:  "Imprimes  I  doe  make  my  wife  Elezebeth 
Allen  my  full  &  Sole  execcuter  of  all  my  lands  &  goods  duereing 
her  life  &  after  y^  deth  of  my  wife  to  be  dissposed  in  maner 
&  forem  as  folleth  y*  is  to  say  I  give  to  my  Sone  Samuell  y« 
remayner  of  y^  five  &  twenty  acer  lott  which  he  all  redy  poses- 
eth  y*  is  to  Say  y«  uplands  &  y^  sheare  of  y^  fresh  medow 
belonging  thereunto  I  give  to  my  too  Sonns  onesephoras  & 
Willam  Allen  my  wholle  fifty  acer  lott  w*^  all  y^  devissons  & 
apurtenances  belongin  to  it  w**^  y  propriety  of  all  commons 
devidded  &  undevided  belongin  to  it  &  an  acer  of  Sallt  marsh 
at  y^  lower  end  of  my  orchard  y*  I  purchesed  this  I  give  to  my 
too  Sonns  onesephoras  &  Willam  Allen  to  be  equally  devided 
betwene  them  booth  after  y^'  deth  of  me  &  my  wife  &  it  is 
farther  to  be  understood   y*  as  my  Sone  onesephoras  hath 

X  Autograph. 


1679]  RECORDS    AND    FILES  235 

Vinson  Galishon  dying  intestate,  Richard  Reefe  was  ap- 
pointed administrator  of  the  estate,  and  an  inventory*  brought 
in  was  allowed. 


hallf  an  acer  in  present  poseson  joyning  to  his  hows  y*  lyes 
in  my  orchard  Soe  my  Sonn  willam  Allen  to  have  hallfe  an 
acer  joyning  to  his  hows  in  y^  Same  maner  In  wittnes  where 
of  I  y^  Said  Willam  Allen  have  put  to  my  hand."  Wit: 
Thomas  (his  mark)  Jonnes  and  Samuell  Friend. f 

"The  Widow  Allen  Testifieth  That  her  husband  WilHam 
Allen  deceaced  gaue  his  Sonne  Samuell  more  then  he  gaue  his 
other  Sonnes  thes  things  following  &  that  therefore  he  gaue 
him  not  A  double  Portion  first  at  his  first  mariadg  or  before 
helpt  to  buld  him  An  house  Secondly  he  gaue  him  Thre  Cattell 
one  After  Another  Thirdly  he  hath  bin  helpfull  unto  him  Cince 
as  he  Could." 

Inventory  of  the  estate  of  William  Allen,  who  deceased 
Jan.  30,  1678,  taken  at  Manchester,  Feb.  17,  1678,  by  Thomas 
Westf  and  John  Sibllef:  hows  &  land  wth  all  ye  medow 
belongin  to  it,  140h.;  fivetene  acers  of  upland  lying  in  ye 
bounds  of  Beverly  joining  too  ye  great  pon  called  Wenam 
pon,  201i.;  Two  oxen,  a  cow,  two  hyfers,  too  shepe  &  a  horse, 
181i.  10s.;  Bed  wth  beding  &  other  howsholld  stufe,  81i.; 
total,  180H.  6s.  lOd.;  to  be  abated  for  the  loss  of  horse  & 
cow,  61i. 

William  Alhn,  sr..  Dr.  unto  PhilHpp  Cromwell,  21i.  16s. 
4d.;  to  Jon.  Cromwell,  12s.  5d.;   dated  June  25,  1679. 

Jno.  whytingt  certified,  June  23,  1679,  that  "William 
Allen,  deceased,  his  estate  stands  debtor  unto  my  Master 
Capt.  Georg  Corwin,  8H.  Is.  9  l-2d." 

William  Allin  of  Manchester,  debtor  to  Henry  Bartholmew, 
6s.  6d.;  to  WilHam  Browne,  sr.,  7h.  16s.  3d. 

*Inventory  of  the  estate  of  Vinson  Gallison,  taken  Dec.  6, 
1678,  by  Moses  Maverickef  and  Samuell  Morgan  :t  1  paier 
of  boots,  8s.;  1  cap  cloth  coat,  10s.;  2  parsells  of  Lien,  5s.; 
1  whiett  wastkoat,  4s. ;  1  old  shirt  and  drauers,  3s. ;  2  whiett 
neckloths,  3s.;  1  blue  shirt,  1  whiett  ditto,  7s.;  1  red  wastkoat 
and  drawers,  12s.;  1  cloth  Coatt  and  Sarg  briches,  12s.;  1  old 
hatt,  4s. ;  total,  31i.  8s.  Due  from  Richard  Reaf  for  a  months 
servis.  Hi.  The  sd.  Vincent  Gallison  Dr.  to  Mr.  Rich.  Reefe 
reckoned  with  him  while  he  was  alive,  21i.  17s.  6d. 

Since  he  dyed  pd.  to  James  Stilson  for  mending  of  shooes, 
3s.;  to  John  Curtis,  2s.  9d.;  to  Edw.  Reede  for  digging  ye 
grave,  4s.;  James  Dennis  for  a  coffin,  10s.;  ye  jurie  &  other 
charge  of  his  buriall,  9s.  6d.;  for  mackrell  &  other  things 
unreckoned,  2s.  4d.;   for  his  towne  rate,  5s.  — ;   total,  41i. 

t  Autograph. 


236  SALEM    QUARTERLY    COURT  [June 

John  Millett  dying  intestate,  administration  upon  his 
estate  was  granted  to  Sara,  the  relict,  who  brought  in  an 
inventory*  which  was  allowed,  and  the  house  and  land  were 
bound  for  the  security  of  the  children's  portions. 

The  willf  and  inventoryl  of  the  estate  of  Edward  Waldron 
were  proved  and  allowed. 

*Inventory  of  the  estate  of  John  Millitt,  taken  by  James 
Stevens§  and  William  Sargant:§  howse  &  baren  and  Land, 
241i.;  neate  catell  &  a  mare,  23H.;  bedes  &  beding,  8H.; 
homemad  cloth,  41i.;  his  waring  clothes,  51i.;  in  howsall 
stuffe,  31i.;  woole,  2U.  5s.;  armes,  Hi.  10s.;  tooles,  12s.; 
lumber,  2U.;  broadcloth,  10s.;  sarge  &  Tabell  Lining,  Hi.; 
sheepe,  IIU.  4s.;  total,  861i.  Is.  Deptes  due  from  the  estat, 
131i.;   the  deptes  paid  the  Estate  aperes  to  be  731i.  Is. 

twill  of  Edward  (his  mark)  Walden|l  of  Wenham,  dated 
Mar.  22,  1678-9.  "I  Give  to  my  Son  Nathaniell  walden: 
all  my  land  on  the  Neck.  In  amount  ten  acres  be  there  more 
or  less  Item  the  rest  of  my  estate,  I  will  thatt  itt  ||  be  || 
equally  divided  betweene  the  rest  of  my  children  which  I  here 
name  John  Walden  Hannah  Walden,  Ruth  Walden  Naomi 
Walden,  &  Elizabeth  Walden.  If  any  of  these  my  children 
dy  before  they  come  of  Age  to  possess  their  portions  It  shall 
be  equally  divided  among  the  Survivinge  If  they  all  dy  itt 
shall  fall  to  the  nearest  of  Kin  And  I  make  my  Son  Nathaniel 
Walden  sole  Excecutor  of  this  my  will  &  I  desire  my  Loving 
freinds  Cap*:  Thomas  Fiske,  &  Charles  Gott  to  oversee  this 
my  will."  Wit:  Joseph  Gerrish§  and  Sarah  (her  mark) 
Moulton. 

Joseph  Gerrish,  aged  about  29  years,  testified  that  he  heard 
EdwardW  alden  say  he  had  done  enough  for  his  two  daughters, 
Mary  and  Thomasin,  already  and  therefore  saw  meet  to  leave 
them  out  of  his  will.     Sworn  in  court. 

^Inventory  of  the  estate  of  Edward  Waldern,  taken  20  :  4m: 
1679,  by  Thos.  Fiske§  and  Charles  Gott:§  ten  acres  of  land, 
251i.;  twenty  pownd  Remainding  upon  a  Bill  to  be  paid  in 
fowre  yers  following,  201i.;  another  Bill  to  be  paid  in  9  yers 
following,  171i.;  one  Cowe,  31i.  16s.;  one  gun,  Hi.;  Cloathing, 
21i.  4s.;  Tramell  &  pothooks,  6s.  6d.;  one  old  kettle  &  one 
old  ax,  3s.;  due  from  Samll.  Fiske,  6s.;  in  Beding,  lU.  16s.; 
Bedstead,  5s.;  total,  711i.  16s.  6d.  Debts  due  from  the 
estate;  to  the  Docter,  21i.  8s.;  to  John  Fiske,  21i.  2s.;  Good- 
wife  White,  10s.;  Goodman  Woodward,  5s.;  Goodman 
Pearce,  5s.;  John  Walderne,  10s.;  Hannah  Walderne  in 
mony,  13s.;  mony  to  Mr.  Gerrish,  5s.;  Mr.  Gerrish  by  Rate, 
6s.  5d.;   Joseph  Fowler,  2s.;   total,  71i.  6s.  5d. 

§  Autograph.  ||  Seal. 


1679]  RECORDS    AND    FILES  237 

Thomas  Oliver  dying  intestate,  Bridget,  his  wife,  was 
appointed  administratrix,  and  was  ordered  to  bring  in  an 
inventory  to  the  next  Salem  court. 

In  answer  to  a  petition  of  Mr.  Jere.  Hubbard,  court  declared 
that  as  the  town  of  Topsfeild  had  not  attended  the  order  of 
the  last  Ipswich  court,  the  selectmen  were  ordered  for  their 
neglect  to  appear  at  the  next  Ipswich  court.* 


*Petition  of  Jer.  Hobart,t  dated  Topsfield,  June  24,  1679: 
that  the  court's  order  in  relation  to  the  affairs  of  the  minister 
of  Topsfield  which  was  given  at  the  last  Ipswich  court  "lieth 
dormant,  and  hath  taken  small  effect  as  to  the  true  ends  and 
purposes  of  it,  as  I  apprehende  appears  by  A  voate  of  the 
Towne  upon  Aprill  29  last  past,  &  their  actings  ever  since, 
to  the  great  inconveniencye  of  their  poor  minister,  who  beggs 
his  redresse  at  the  hands  of  this  honoured  Court,  as  yo''  Wor- 
ships shall  Judg  meet." 

Copy  of  the  town  records  of  Topsfield,  made,  June  21,  1679, 
by  Frances  Pabody,t  cleric:  "the  towne  of  topsfeeld  at  a 
towne  meeting  29*"^  of  aperel  1679,  hauing  heard  an  order 
Red  that  was  made  by  the  Counte  Court  at  Ipswich  Con- 
serning  oure  being  requiered  to  pay  a  some  of  60  pound  to  m"" 
Jerimie  Hobart  which  as  the  saide  order  seemes  to  expres  was 
promised  for  his  incorigment  to  Com  to  topsfeeld  we  being 
in  the  darke  about  it  and  not  knowing  of  ani  towne  act  that 
euer  past  nor  ani  towne  record  that  holdes  forth  ani  such 
thing  we  doe  Conceue  it  needfull  to  suspend  untel  there  be  a 
forder  opertuniti  to  be  beatter  satisfied  by  making  inquire  at 
the  next  Counte  Couert  upon  whot  groundes  m'  Hobarts 
petision  was  made  and  also  how  the  towne  Comes  to  be  60 
pound  in  his  debt. 

"the  towne  hath  agreed  by  vot  that  John  gould  shall  enter 
these  names  with  the  somes  at  eueri  manes  names  end  and 
what  shall  be  sent  to  him  to  enter  in  the  towne  booke  and 
to  be  binding  to  eueri  man  for  what  they  haue  freeli  sub- 
scribed to  giue  to  m'  Hubard  for  his  Coming  to  topsfeld  to 
except  of  menisterial  ofes  —  voted 

"this  writeing  witteseth  that  we  whose  names  ar  under 
written  doe  bind  oure  selues  our  ares  exectetors  adminestra- 
teres  or  asignes  to  pay  or  Case  to  be  payde  to  m''  hubard  or 
his  asignes  within  fore  yeare  after  m"^  Hubard  doth  Com  and 
enter  Apon  the  ministri  heare  at  topsfeald  what  we  doe  sob- 
scribe  toe  or  eueri  man  doth  giue  in  under  his  hand  this  som 
is  in  Consideration  of  a  parsil  of  land  that  the  towne  Cold  not 
healpe  m'  Harbord  with  and  an  acowunt  of  what  m'  Hubart 

t  Autograph. 


238  SALEM    QUARTERLY    COURT  [June 

Phillip  Parsons  and  Sara  Needham,  for  fornication,  were 
ordered  to  appear  at  the  next  Ipswich  court,  together  with 
the  witnesses,  Samuell  Apleton,  jr.,  and  Thomas  Gatchell. 

The  petition  of  William  Dodg  and  his  wife  was  referred  to 
the  next  Salem  court. 

Magilligon's  wife,  presented  for  absenting  herself  from  her 
husband,  night  and  day,  was  ordered  to  be  whipped,  which 
was  done.* 

William  Nick,  presented  for  being  disguised  in  drink,  was 
fined,  and  ordered  to  pay  the  witnesses,  Joseph  Phipen  and 
Reuben  Guppy. 

The  wife  of  William  Dicer,  for  railing  words  to  Mrs.  HoUing- 
worth,  also  for  abusing  her  and  cursing,  was  fined. f 

AUexander  Greime  and  Sarah  Lambert,  for  fornication, 
were  convicted,  and  he  was  ordered  to  pay  2s.  6d.  per  week 
for  the  maintenance  of  the  child,  the  marshal  to  distrain 
weekly  if  not  paid.     Sarah  was  ordered  to  be  whipped. | 

doth  lose  at  amsberi  in  Coming  to  us  heare  at  topsfeeld  — 
voted:  deeken  howlet,  51i.;  Isak  Comings,  sr.,  21i.;  John 
Comings,  21i.;  Samuel  Howlet,  Hi.;  Philip  Welch,  10s.; 
Isack  Foster,  Hi.;  John  Willes,  lli.  10s.;  William  averil,  Hi.; 
James  How,  jr.,  15s.;  neamia  abbit,  Hi.;  Henary  lenard,  51i. ; 
Samuel  lenard.  Hi.;  nathaniel  lenard,  15s.;  thomas  lenard, 
10s.;  John  goold,  lli.;  thomas  perkens,  31i.;  Isack  Este,  Hi.; 
Jacob  towne,  lli.  5s.;  thomas  dorman,  Hi.;  mikall  donil,  10s.; 
Joseph  towne,  lli.  10s.;  old  father  how,  lli.  10s.;  John  french. 
Hi.;  Joseph  pabodi,  Hi.;  Jno.  Low,  Hi.;  Mathew  stanli. 
Hi.;  Edman  towne,  lli.  10s.;  William  Smith,  Hi.;  Ed.  Bridges, 
Hi.;  frances  pabody,  31i.;  Ephrom  Dorman,  lli.  15s.;  John 
Ramsil,  15s." 

*Marblehead  presentment.  Wit:  Robert  Bartlett  and 
Jeames  Denis. 

fWit:  Mathew  Duch,  Rebecka  Pention,  Hanna  Frend  and 
Hanna  Collier. 

Mathew  Dutch,  aged  about  twenty-six  years,  and  Re- 
beckah  Penision,  aged  about  twenty-three  years,  Hanna 
Friend,  aged  about  twenty  years,  and  Hanna  Collier,  aged 
about  twenty-six  years,  deposed  that  they  heard  the  wife  of 
William  Diser  call  Mrs.  HoUinwood  a  black-mouthed  witch 
and  a  thief. 

Mrs.  Ellenor  Hollenworth,  aged  about  fifty-six  years,  and 
Hanna  Collier,  aged  about  twenty-six  years,  deposed. 

J  Wit:    Mistress  Woodberey,  midwife,  and  Brigitt   Skerey. 


1679]  RECORDS    AND    FILES  239 

Joseph  Gray,  for  drunkenness  and  swearing  by  his  Maker, 
was  fined.* 

Joseph  Newall  and  Susanah,  his  wife,  for  fornication  before 
marriage,  were  fined. f 

John  Rayment,  jr.,  and  Hanna  Goldsmith,  for  uncivil  car- 
riages, were  ordered  as  follows,  she  to  be  whipped  and  he  to 
appear  at  the  next  court. J 

George  Emorye,  for  swearing  and  cursing,  was  fined. § 

Robert  Starr  dying  intestate,  administration  upon  his 
estate  was  granted  to  Mary,  the  relict,  who  presented  an 
inventory.  |  ]  She  was  ordered  to  have  the  whole  estate  for  the 
maintenance  of  the  children  until  the  court  should  take  fur- 
ther order. 

*Wit:    Mr.  White,  Steven  Souell  and  George  Pelle. 

Resolved  White,  aged  about  sixty-three  years,  testified 
that  about  three  weeks  ago  he  saw  Joseph  Grey  flat  on  the 
ground  dead  drunk,  and  his  mother-in-law  came  and  took 
20s.  out  of  his  pocket  and  a  pair  of  worsted  stockings.  She 
did  not  know  how  to  stir  him  and  went  to  his  brother  Robert 
Gray  and  Stephen  Sowell  and  his  own  wife  to  help  her  carry 
him  into  Goodman  Peale's  house.  They  carried  him  one  by 
the  head  and  the  others  by  the  heels  and  laid  him  on  a  bed- 
stead that  had  nothing  on  it  but  cords.  For  all  this  moving, 
he  never  moved.  But  when  he  roused,  his  wife  sitting  by  his 
bedside,  labored  to  keep  him  in  and  he  swore  and  tore  most 
dreadfully,  etc. 

George  Peall,^  aged  about  thirty-five  years,  deposed. 

fLynn  presentment.  Summons,  dated  June  25,  1679, 
served  by  Joseph  Rods,^  constable. 

tWit:  Jackob  Pudeator,  An  Pudeater  and  John  Abitt. 
Summons,  dated  June  29,  1679;  Henry  Skerry,  1[  marshal  of 
Salem,  appointed  Richard  Huten  his  deputy,  and  no  return 
made. 

§Wit:   Capt.  John  Prise  and  Mr.  Whitte. 

Jno.  Price,  T[  aged  about  thirty-three  years,  and  Resolved 
White  ^  testified  that  having  hired  Mr.  White  to  cart  stones, 
Dr.  Emerj'^  stopped  the  cart  bj'  the  corner  of  his  house  and 
swore  that  he  should  not  pass,  threatening  to  stab  said  White 
and  his  horse. 

I  [Inventory  of  the  estate  of  Mr.  Robert  Starr,  "who  was 
murdered  by  the  hands  of  ye  Barberious  heathens,"  taken 
June  25,  1679,  by  Joseph  Phippen1[  and  Edward  Wollon:^  a 
House  and  Orchard  &  Ground,  13011.;  on  Bed  Ruge  &  2 
blankets,  31i.;    on  Bed  Ruge  wth  2  blankets  &  Curteine,  61i. 

H  Autograph. 


240  SALEM    QUARTERLY    COURT  [June 

John  Person,  aged  about  sixty-three  years,  and  Isaack 
Hart,  aged  seventy  years,  testified  that  they  saw  Edward 
Taylor  give  possession  by  turf  and  twig,  to  Hananiah  Parker 
and  John  Townsend,  of  his  farm  of  two  hundred  acres  in  Linn. 
Sworn  in  Reding,  4  :  10  :  1678,  before  Thomas  Danforth, 
assistant. 

Timothy  Lindhorne  arrived  in  Salem,  Aug.  12,  with  the 
ketch  called  the  Vine  of  Poole  which  came  in  her  ballast  only 
an  account  of,about  20  or  25  bags  and  two  hogsheads  of  malt, 
they  holding  more  or  less,  as  the  aforesaid  master  desired  to 

10s.;  five  paire  of  sheets  &  18  table  napcins,  71i.;  on  Cubbard 
Cloath,  5s.;  three  paires  of  piloberes,  12s.;  tw^o  Chestes, 
14s.;  on  Chest  &  Cubbard  wth  a  table.  Hi.  5s.;  on  bedstead, 
table  &  forme,  Hi.;  on  Iron  Citle  and  two  Iron  pots.  Hi.  2s.; 
on  Litle  brase  pot  &  a  brase  skillet,  5s. ;  on  paire  of  Dog  Irons, 
1  hack,  two  pothooks,  on  friing  pan  &  spit,  lis.;  seaven 
platers,  4  porrengers,  1  warming  pan,  on  salte  seller  &  a  Candle- 
stick, Hi.  10s.;  foure  cheares,  1  Loockin  Glase,  2  boxes,  9s.; 
on  Linen  wheel  and  one  woolen  wheele,  5s.  6d.;  total,  15411. 
8s.  6d. 

Meary  Nick,  late  relict  of  Robert  Star,  deceased,  petitioned 
the  court  for  her  thirds,  she  being  a  widow  and  having  four  children 
very  young,  two  of  whom  she  had  put  out  and  two  she  had 
kept  with  her. 

Copy  of  deed  of  gift,  dated  Sept.  30,  1665,  Robert  (his 
mark)  Starr  declared  "it  is  my  Ingagement  neuer  to  be  altered 
nor  reversed,  by  me,  that  the  dwelling  house  I  now  line  in, 
together  with  the  land  belonging  to  it,  the  which  house  & 
land  was  giuen  me  by  my  father  in  laAV,  Richard  Hollingworth 
as  a  portion  with  my  wife;  I  say  that  house  &  land,  I  doe 
giue  &  bequeath  unto  Cap*  Richard  More  &  m^  Phillip  Crom- 
well whoe  are  guardians  to  my  three  children,"  for  the  use  of 
the  children,  Robert,  Richard  and  Susanna,  and  if  any  died, 
the  survivor  was  to  have  their  share;  if  all  died,  the  estate 
was  to  revert  to  himself.  Wit:  Frances  Waineright  and 
Edward  (his  mark)  Woollan.  Acknowledged,  Mar.  18,  1671, 
before  Daniell  Denison. 

Robert  (his  mark)  Starr,  of  Salem,  mariner,  assigned  to 
Mary  Conckling,  "my  espoused  wife,"  on  Sept.  12,  1669, 
upon  consideration  of  marriage  all  his  household  goods  and 
moveables  with  all  that  was  her  own.  Wit:  James  Smith 
and  Nathaniell  Felton.  Acknowledged,  Mar.  18,  1671, 
before  Daniel  Denison.  Copy  made  by  Hilliard  Veren,* 
recorder. 

*  Autograph. 


1679]  RECORDS   AND    FILES  241 

have  entered  on  Aug.  19,  1676.     Entered  by  Hilliard  Veren, 
recorder. 

"Att  a  Generall  Court  held  at  Boston  10*^  of  October  1677 
This  Court  hauing  this  session  Appointed  &  setled  a  Captaine 
&  Ensigne  ouer  the  mihtary  Company  at  Rowley  in  the  va- 
cancy of  those  places  and  in  opposition  thereunto  &  dissattis- 
faction  w*h  the  order  of  the  Court  therein  a  petition  hath 
binn  prefferred  subscribed  by  many  names  but  written  w*h 
one  hand,  wherein  appeares  the  euill  spirit  of  diuers  there 
who  haue  lately  reproached  the  churches  and  the  members 
thereof  which  this  Court  hath  borne  testimony  against,  though 
w%  as  much  lenity  as  the  cause  would  Admitt  of  all  which 
not  w%  standing  they  haue  abused  the  Courts  favourable 
Indulgence  by  this  Seditious  petition  which  this  Court  Judgeth 
themselves  bound  to  take  due  notice  off  so  farr  as  to  ord' 
that  John  Acie  &  Jonathan  Platts  forbeare  to  concerne  them- 
selues  in  their  Toune  or  military  affayres  till  further  order 
from  this  Court  and  that  the  rest  of  the  petitioners  are  hereby 
requested  to  Attend  the  Courts  order  as  to  the  military  Com- 
manders."    Copy  made  by  Edw.  Rawson,*  secretary. 

List  of  presentments,  dated  June  25,  1679,  signed  by  Jeremy 
Neale,*  in  the  name  of  the  rest  of  the  grand  jury: 

Thomas  Wattkins  and  Elesabeth,  his  wife,  for  fornication 
before  marriage. 

Remember  Sallmon,  widow,  for  fornication. 

John  Mashoone,  for  being  much  disguised  with  drink. 
Wit:   John  Norman  and  Henery  West. 

John  Wakor  and  Elizabeth,  his  wife,  of  Beverly,  for  fornica- 
tion before  marriage.  Summons,  dated  June  25,  1679,  served 
by  John  Sampson,*  constable,  who  returned  that  they  had 
removed  from  town. 

Thomas  Parker  and  his  wife,  for  fornication  before  mar- 
riage. Summons,  dated  June  25,  1679,  served  by  John  Samp- 
son,* constable  of  Beverly. 

John  Ballard  of  Lyn,  for  selling  strong  beer  and  cider  to 
soldiers  upon  training  days  without  license  from  the  court. 
Wit:  Fransis  Burall.  Summons,  dated  June  25,  1679,  served 
by  Joseph  Rods,*  constable. 

Summons,  dated  26  :  4  :  1679,  for  Joseph  Gray's  appear- 
ance, for  abuse  of  his  servant,  also  to  Samuell  Collens,  as  a 
witness,  signed  by  Hilliard  Veren,*  cleric,  and  served  by 
Nehemiah  Willoughby,*  constable  of  Salem. 

Venire,  dated  May  27,  1679,  for  Salem,  signed  by  Hilliard 
Veren,*  cleric,  and  served  by  James  Simonds,*  constable,  who 
returned  the  names  of  Mr.  Hen.  Bartholmew,  Mr.  Hilliard 
Veren,    jr.,    Mr.    Benjamin    Geerish,    John    Sanders,    Joshua 

*  Autograph. 


242  SALEM    QUARTERLY    COURT  [June 

Ward,  Thomas  Putnam  and  Frances  Nursse  for  the  jury  of 
trials. 

Venire,  dated  May  12,  1679,  for  Lynne,  signed  by  Hilliard 
Veren,*  cleric,  and  served  by  Thomas  Laughton,  jr.,*  con- 
stable, who  returned  the  names  of  Ensign  Fuller,  Daniell 
Huchins,  Jacob  Knight  and  Samuell  Tarbox  for  the  jury  of 
trials.  At  a  Lynn  town  meeting,  3:4:  1679,  Capt.  Walker, 
Capt.  Marshall  and  Mr.  Thomas  Laughton  were  chosen 
commissioners  to  end  small  causes,  and  Samuell  Cobbett  and 
Joseph  Roads,  constables. 

Venire,  dated  May  12,  1679,  for  Gloster,  also  summons  to 
John  Pearce,  for  disturbing  the  peace  and  absence  from  pubHc 
worship,  and  to  witnesses,  William  Seargent  and  Deacon 
James  Steevens,  signed  by  Hilliard  Veren,*  cleric,  and  served 
by  Thomas  Millet,*  constable  of  Gloster,  who  returned  the 
names  of  John  Davis,  sr.,  for  the  grand  jury  and  William 
HascoU,  jr.,  for  the  jury  of  trials. 

Venire,  dated  May  14,  1679,  for  Marblehead,  also  summons 
to  Edward  Berry,  for  not  living  with  his  wife,  and  to  Richard 
Joanes,  for  caUing  Elizabeth  Poe  vile  names,  signed  by  Hilliard 
Veren,*  cleric,  and  served  by  Thomas  Hokkens,*  constable, 
who  returned  the  name  of  WiUiam  Nick  for  the  jury  of  trials, 
and  also  certified  that  Richard  Jones  had  been  gone  from 
Marblehead  about  half  a  year. 

Venire,  dated  May  12,  1679,  for  Beverly,  signed  by  Hilhard 
Veren,*  cleric,  and  served  by  Will.  Dodg,*  constable,  who 
returned  the  name  of  Joseph  Dodg  for  the  jury  of  trials. 

Richard  Richards,  Dr.,  9:2:  1677,  to  10  1-2  gall,  wine 
2s.  6d.  p..  Hi.  6s.  3d.;  to  2  Combs  5  d.  p,  lOd.;  10  :  3,  to  1 
knife,  8d.;  total.  Hi.  7s.  9d.  p  contra.  Cr.,  p  300  ft.  mercht. 
Bord,  15s.  pr.  me  Jno.  Higginson.* 

Mr.  Tho.  Elbridg's  petition:  that  about  this  tirne  two 
years  ago,  he  presented  a  petition  telling  how  it  was  with  him 
and  into  what  condition  it  had  "pleased  the  lord  by  meanes 
of  the  cruell  heathen"  to  bring  him,  he  having  lost  his  all  and 
had  a  wife  and  five  children  to  maintain  with  no  way  to  earn 
a  living.  Court  granted  him  then  a  license  to  sell  drink  out 
of  doors,  but  living  out  of  the  way  in  a  poor  house  could  not 
make  a  living,  but  ran  in  debt.  He  has  now  moved  to  a 
house  near  the  town  for  which  he  is  to  pay  a  great  rent,  and 
asks  that  he  be  granted  a  license  to  sell  within  doors. 

John  Emerson,*  pastor  of  the  church  of  Glocester,  certified, 
June  23,  1679,  that  "John  Peirs  Jun.  of  Glocester  came  to  our 
House  to  invite  my  selfe  &  all  my  family  to  a  Quakers  meeting 
which  he  sayd  was  to  be  at  his  House  the  next  day  at  ten  of 
the  clocke  or  thereabouts  I  labored  to  convince  him  of  y^ 
evil  of  it  &  y^  breach  of  y®  Law  of  this  Commonwealth  but 

*  Autograph. 


1679]  RECORDS    AND    FILES  243 

he  was  very  impudent  &  bold  &  sayd  they  were  neither  afrayd 
of  the  Laws  nor  Magestratates  nor  any  man  I  answered  I 
thought  he  sayd  very  true  for  I  beleived  they  neither  feared 
God  nor  reverenced  man.  And  so  he  went  away  very  stiff 
&  obstinate  &  as  I  heard  went  from  house  to  house  to  invite 
mens  children  &  servants  y"  most  part  of  y*  Night." 

On  18  :  12  :  1678,  Edm.  Batter,*  commissioner  of  Salem, 
certified  that  Alister  Grime,  complained  of  for  abusing  and 
wounding  Constable  Will.  Curtiss  when  he  was  searching  for 
stolen  goods  by  warrant,  and  confessing  before  Mr.  Barthol- 
mew  Gidney  and  Edmund  Batter,  was  ordered  to  appear  at 
the  next  Ipswich  court  and  bound  to  good  behavior.  The 
"season  of  the  year  being  very  cold  we  durst  not  keepe  him 
long  in  the  prison"  and  upon  security  procured,  they  let  him 
out. 

Mr.  Richards'  petition,  1679:    " that  for  many  reasons 

as  first  his  house  now  standeth  not  upon  Cottager 

&  no  righte  to  pruieledg  in  Commons  other  of  A  roade 

way  thorough  our  feilds  to  ye  Town  men  were  much 

out  of  y^  way  to  lay  out  such  a  grate  dammage  if  not 

wholely  ruinateinge   of  our  feilds   &   secondly  w°h   his 

Father  kinge  gaue  him  in  his  farme  lyinge  in  Commons  lyeth 
another  way,  (that  is  towards  his  Brother  Ralph  Kinge  &  by 
his  last  will  &  Testament)  hee,  that  is,  Mr.  Kinge  in  y"  dona- 
tion of  the  lande  where  Ezekiell  Needeum  his  house  now 
standeth,  hee  is  bound  to  fence  the  aforesayed  lande,  &  in 
nowise  to  incumber  nor  troublle  his  neighbors,  uppon  y^ 
danger  of  the  forfeiture  the  titllee  thereof,  as  alsoe,  unto 
&  from  y«  Towne  commons,  &  his  proprietie  in  common  landes; 
&  there  is  an  anciente  Common  Roade  way,  both  drift,  horse, 
carte  &  foote,  which  leadeth  to  Linn,  Salem,  Boston  &  Mar- 
blleehead  &  is  now  made  use  of  Contentedly  by  his  &  our 
neighbors  as  aforesayed  of  custom  hath  ben  in  times  past, 
besides  all  this  som  of  us  as  namel}^  Nickolas  Huchisson  is 
wholly  out  of  capacitie  either  to  giue  graunte  sell  or  any 
manner  of  wayee  to  consent  to  such  a  thing  as  Ezekiell  Need- 
eum hath  or  is  agitatinge  aboute  laying  out  A  way  in  this 
place,  for  hee  is  but  A  tennante  uppon  A  Lease  for  som  cer- 
taine  yeares  ensuinge  &  his  landlord  liueth  far  remote  out  of 
this  coUony  &  is  unackquainted  w*^^  this  diuydence  in  land 
for  A  hyway  thorough  his  lande,  Nickolas  Huchins  is  annually 
bounde  to  pay  his  rente  (but  how  will  that  be  ackcomplished 
if  his  tillablle  landes  &  meddow  be  layd  wast  for  A  roade  way 
for  ezekiell  Needeums  use  &  what  deniall  in  reason  can  bee 
giuen  if  this  roade  way  should  so  unreasonably  bee  graunted 
&  confirmed  but  in  process  of  time  against  law  &  custom  will 
bringe  to  effect  that  wee  the  true  &  sole  proprietors  shall 

*  Autograph. 


244  SALEM    QUARTERLY    COURT  [June 

haue  A  roade  country  way  through  this  our  anciente  im- 
proued  &  inclosed  feilds  &  then  I  besech  youre  honnoures 
consider  how  its  euer  possible  ezekiell  Needeum  will  euer  for 
such  an  unneighborly  incumbrance  be  ablle  to  make  us  any 
competent  satisfaction  for  such  A  continuall  yearely  dayly 
&  continuall  destruction  in  our  feilds  &  labors,  the  presage  of 
w^h  exept  timely  use  of  meanes  preuent  wee  see  is  like  to 
ensue  &  fall  uppon  our  estates  &  although  wee  might  enlarge 
A  very  grate  deale  more  in  y«  layinge  open  of  this  so  unneigh- 
borly an  acct  offered  unto  us  wee  only  craue  y^  libertyes  that 
ye  lawes  of  God  &  cristian  gouernment  alloweth  us  som  of 
w'=h  wee  recite,  only,  first  giueinge  your  Honnours  to  under- 
stande  y*  y^  incumbrance  made  for  this  way  by  Ezekiell  Need- 
eum &  ye  seleckt  men  as  aforesayd  is  uppon  y^  ancient  graunte 
of  house  lots  &  whence  wee  finde  by  law  house  lots  adioyneinge 
each  to  others  are  to  mainetayne  theire  fence  by  equall  pro- 
portion whether  improved  or  not.  Law,  title  fences,  2  book 
of  lawes  page  y^  12  &  cottages  is  well  knowne  to  all  By  Law 
tittled  cottages  haue  no  tittlee  in  Commons  &  then  if  no  tittlee 
in  commons  by  consequence  it  followeth  not  of  righte  for 

Needeum  aforesayd  to court  or  y^  selectmen  to out  a 

way  to  pass  through  too  &  fro  &  are  y^  parents  of  y^ 

country,  wee  are  children  willingely  to  sub to  wholesome 

gouernment  wee  will  not  sell  our  birthrighte  for  A  mess  of 
pottage  wee  doubte  not  but  youre  hounours  will  assure  us 
releife, 

"Moreouer  its  well  knowne  in  this  country  that  the  anciente 
country  Roads  betwixt  marbllehead  &  Lin  &  Boston  went 
thorough  all  m""  Kings  farme  nere  to  Mr.  Kings  dore,  &  not 
far  from  y^  place  ezekiell  needeums  house  standeth  but  m' 
Kinge  fndinge  y^  inconuenience  of  it  used  y"  means  &  it  was 
remoued  where  it  now  is  &  if  it  be  in  y^  minds  of  any  of  y^ 
aforesayd  m"^  daniell  Kinge  his  suckessors  to  procure  a  roade 
way  through  our  lands  for  theire  occasions  &  stop  up  this 
ancient  way,  this  in  so  doinge  wee  most  humbly  conceiue  to 
contradict  law  and  justice.  Nickolas  Huchins,*  Edwarde 
(his  mark)  Richards  and  Benjamen  Farr.*" 

Petition  of  Sarah  Hathorne*  of  Lynn,  widow:  that  her 
husband  for  many  years  had  kept  a  house  of  public  entertain- 
ment in  Lyn  "as  is  well  knowne  to  y^  Hono^'^  Court  &  Coun- 
trey.  .  and  was  at  great  charge  to  fit  both  house  &  prouide 
necessary  goods  for  such  an  end,  at  length  it  pleased  God  to 
take  him  from  mee  y^  poore  supplicant  &  left  mee  under  many 
debts  w<=''  I  must  &  ought  in  conscience  to  take  an  honest 
care  &  course  to  pay  them.  .  and  her  house  standing  soe 
In  ye  Rhoad  way  of  Travellers,"  she  requests  a  renewal  of 
the  license. 

*  Autograph. 


1679]  RECORDS    AND    FILES  245 

Copy  of  an  order  of  the  General  Court,  May  28,  1679,  made 
by  Edw.  Rawson,*  secretary:  that  the  Chebacco  inhabitants 
who  were  urging  the  erection  of  a  meeting  house  against  the 
advice  of  the  council  were  to  appear  at  the  next  Salem  court 
and  make  acknowledgment. 

John  Gittings,  Joseph  Gittings  Abraham  Martain,  Seth 
Story,  Hannah  Goodhue,  Hannah  Martain  and  Thomas 
Varny,  for  his  wife,  acknowledged,  in  court,  25  :  4  :  1679, 
that  "we  are  conuinced  that  wee  haue  offended  in  being 
actiue  to  erect  a  meting  hous  contrary  to  the  aduis  and  pro- 
hobession  of  the  Counsell  for  which  we  are  sory  and  desier 
it  may  be  forgiuen." 

From  the  files  of  the  Salem  Commissioners'  court: 

Writ:  Mr.  Edward  Norris,  sr.  v.  Anthony  Dike;  debt,  for  teaching  his 
two  sons  to  read  and  write;  dated  30  : 9  :  1678;  signed  by  Hilliard  Veren,* 
for  the  court;  and  served  by  Henry  Skerry,*  marshal  of  Salem. 

William  Curtis,  constable,  was  some  time  the  last  week  at  Samuell  Prince's 
chamber  and  there  among  other  discourse  he  heard  Arthur  Huse  swear  by 
God. 

Writ:  Mannasseh  Marston  v.  Samuell  Silsby;  for  taking  up  a  horse  and 
detaining  him;  dated  13  :  10  :  1678;  signed  by  HiUiard  Veren,*  for  the 
court  and  clerk  of  the  town  of  Salem;  and  served  by  Henry  Skerry,*  mar- 
shal of  Salem. 

John  Marston,  aged  about  forty  years,  testified  that  some  time  last  spring 
when  John  Tally  made  up  his  accounts  with  those  who  were  concerned  with 
him  in  his  late  Virginia  voyage,  Tally  said  that  there  were  three  hogsheads 
of  tobacco  at  Boston  that  belonged  to  the  cargo  and  Mr.  EUezer  Gedny  had 
an  interest  in  one-quarter  of  the  cargo. 

James  Browne,  aged  about  thirty-one  years,  asked  to  tell  what  he  knew 
about  John  ChapUn,  deposed  that  he  saw  him  much  disguised  with  drink 
just  after  the  privateer  ship  came  in  and  he  used  bad  language.  Sworn, 
7  : 11  :  1678. 

Thomas  Clearke  deposed  that  one  night  being  upon  the  watch  in  com- 
pany with  Mathew  Barton  when  the  privateer  lay  within  Baker's  Island, 
as  they  were  walking  the  rounds  they  heard  a  loud  noise  at  or  near  the  door 
of  John  WilUams,  the  cooper,  and  it  was  John  Chaplin  drunk.  Jonathan 
BartoD  testified  that  he  saw  the  man  but  being  a  stranger  did  not  know  his 
name  until  Clarke  told  him  it  was  Chaplin.  They  further  said  that  Chaplin 
swore  and  said  "now  is  the  time  to  get  monev,  the  privateer  wants  horses," 
etc.     Sworn,  7:11:  1678. 

Writ:  Eliazer  Gedney  v.  Jno.  Tauly;  for  not  delivering  one  hogshead  of 
bulk  tobacco;  dated  25  :  10  :  1678;  signed  by  Hilliard  Veren,*  for  the  court 
and  clerk  of  the  town  of  Salem;  and  served  by  Henry  Skerry,*  marshal  of 
Salem. 

Benjamin  Gerish*  certified  at  Salem,  Dec.  28,  1678,  that  he  was  interested 
with  John  Tauly  and  Eleazer  Gedny  in  three  hogsheads  of  bulk  tobacco 
which  Tauly  loaded  on  board  the  Wilhng  Mind,  Robert  Right,  master,  in 
Virginia,  some  time  in  1677  which  ketch  arriving  in  Boston  and  the  tobacco 
being  in  bulk  and  landed  in  Mr.  Wharton's  warehouse  not  looked  after 
seasonably  occasioned  much  damage  if  not  a  total  loss,  whereby  Benjamin 
Marstone  was  acquitted  from  all  obligations,  etc.  Wit:  John  Rucke*  and 
Hilliard  Veren,  jr.* 

Benjamin  Gerrish,  aged  about  twenty-four  years,  testified.  Sworn,  27  : 
10  :  1678,  before  Bartho.  Gedney,*  commissioner. 

*  Autograph. 


246  SALEM    QUARTERLY    COURT  [JunC 

Manaseth  Marston,  aged  about  thirty-four  years,  testified.  Sworn, 
7:11:  1678. 

Writ:  John  Norman  v.  Samuell  Morgaine;  debt,  for  trimming  a  boat, 
with  all  materials;  dated  28  :  11  :  1678;  signed  by  HiUiard  Veren,*  for  the 
coui't  and  clerk  of  the  town  of  Salem;  and  served  by  Henry  Skerry,*  marshal 
of  Salem. 

John  Norman's  bill  of  cost.  Hi.  5s.  4d. 

Mr.  Samll.  Morgan  is  Dr.  to  4  hands  4  dayes  work,  21i.  8s.;  10  Timbers 
&  4  harpines  on  a  side,  12s.;  60  foot  of  oake  Board  at  1  l-2d.,  7s.  6d. ;  one 
hundred  of  pine  boards  to  seale,  5s.;  20  foott  of  2  Inche  oake  planke,  at  2d. 
per  foot,  3s.  4d.;  30  foot  of  Pine  planke  to  Lay  the  Cuddy,  5s.;  a  Knee  layd, 
upon  Sterne  post  &  keel,  2s.;  1  Thoughts  &  3  knees,  3s.  6d.;  241i.  of  oakum 
at  2  l-2d.,  5s.;  34U.  of  Roasin,  7s.;  5h.  Double  Tenns  at  2s.,  10s.;  Ih.  1-2 
Nayles  at  4s.,  6s.;  6  qts.  oyle,  4d.  per,  2s.;  Ih.  of  Trunnels,  Is.;  total,  5U. 
17s.  4d.     Sworn,  4  :  12  :  1678. 

DanieU  Bakon,  aged  about  thirty-eight  years,  deposed  that  he  helped 
haul  up  the  boat,  etc.     Sworn,  4  :  12:  1678. 

Account  of  goods  John  Norman  of  Salem  had  of  Samuell  Morgin:  one 
half  hundred  breade,  9s.;  one  pease  of  kenttin,  lU.  8s.;  one  barill  of  mack- 
erill  chaise,  Ih.;  total,  2h.  17s. 

James  Browne,  aged  about  thirty-one  years,  deposed  that  sometime  in 
December  or  January,  1677,  he  was  at  work  at  the  house  of  Richard  Nor- 
man at  Marblehead  and  in  the  evening  Mr.  Ely  Gidney  of  Salem  came  in 
with  John  Norman,  DanieU  Bakon  and  Samuell  Morgan  of  Marblehead. 
Norman  demanded  5U.  17s.  of  Morgan  for  nails,  etc.,  but  the  latter  said 
it  was  too  much,  and  they  agreed  to  leave  it  to  Mr.  Elie  Gidney  and  James 
Dennis  of  Marblehead,  who  awarded  51i.     Sworn,  4  :  12  :  1678. 

Samll.  Roapes,  aged  about  twenty-two  years,  deposed  that  the  boat  which 
they  hauled  up  to  mend  was  in  such  a  condition  that  they  could  hardly  keep 
her  together  and  they  were  forced  to  put  in  many  new  timbers  and  nails. 
They  worked  upon  her  three  or  four  days.     Sworn,  4  :  12  :  1678. 

Warrant,  dated  Feb.  3,  1678-9,  for  apprehension  of  William  Smith,  for 
drunkenness,  also  John  Pease,  for  selling  drink  contrary  to  law,  and  sum- 
mons to  Edmund  Bridges  and  Wm.  Reeves  as  witnesses,  signed  by  Barthol. 
Gedny,*  commissioner. 

Edmo.  Bridges  and  William  Reives  deposed  that  about  the  beginning  of 
this  winter  as  they  were  coming  from  Ipswich  they  called  at  John  Pease, 
jr.'s,  house,  asked  for  a  gill  of  rum  and  paid  for  it.     Sworn,  4  :  12  :  1678. 

Warrant,  dated  28  :  11  :  1678,  for  the  apprehension  of  Nathaniell  Bedle 
upon  complaint  of  William  Curtis,  constable,  signed  by  Edm.  Batter,*  com- 
missioner of  Salem. 

WilUam  Cin-tis'  complaint  against  Nathaniell  Bedle:  "a  coming  from 
m'^  verins  one  the  18*  "^  day  of  nouember  in  the  night  hauin  Receaued  a  warant 
of  m''  verin  I  thought  Good  acoming  along  to  Go  in  to  the  ordnares  to  se 
whether  there  was  any  of  my  ward  to  warn  them  to  take  the  oth  of  Allegiance 
and  I  went  into  two  Romes  and  I  found  seuerall  of  my  ward  and  I  went  into 
M''  Kings  kitchin  and  there  I  found  M""  King  &  Nathaniell  Bedle  &  Samuell 
Williams  and  I  warned  them  according  to  order  to  take  the  oth  and  it  Came 
into  my  mind  after  I  had  dun  to  ask  Nathaniell  Bedle  for  the  ministers  Rate 
becaus  he  promised  me  to  pay  it  to  Mr.  Higinson  and  he  had  not  dun  it  as 
I  could  understand  from  m''  Higenson  and  he  spoke  in  a  rage  and  caled  me 
pitifull  Cur  and  asked  me  why  I  asked  him  for  the  rate  at  that  time  and 
my  reson  was  becaus  he  had  not  paid  it  and  he  Caled  me  foole  and  Shaked 
his  pocket  and  said  ther  was  mony  and  asked  me  what  his  case  was  and 
I  went  to  sho  it  to  him  and  he  said  he  would  se  me  hanged  before  I  should 
haue  any  of  it  to  pay  M""  Higenson  but  bid  me  com  to  his  hous  and  he  would 
take  a  Cors  with  me  and  pay  me  the  rate  and  I  went  to  M''  King's  twice  with 
my  black  staf  that  night  to  warn  him  out  of  the  hous  where  he  was  drinking 
after  9  Clok  and  he  refused  to  obey  me  but  made  a  skof  and  a  scom  at  me 

*  Autograph. 


1679]  RECORDS    AND    FILES  247 

with  scornfull  speches  and  the  rest  of  them  that  were  in  the  rome  besids. 
and  the  next  Saterday,  folouin  at  the  barbers  shop  I  was  there  &  Nathaniell 
Bedle  and  he  fell  into  discource  with  me  about  this  Contention,  and  many 
Reproachfull  words  he  gaue  me  for  many  people  that  herd  it  were  ashamed 
to  here  him  and  he  told  me  that  I  were  again  to  strik  him  with  my  black 
staf  when  I  went  to  warn  him  to  Goe  out  of  the  hous  that  night  and  he  told 
me  that  if  I  did  he  would  athroed  me  at  the  bac  of  the  fire  therefore  he  told 
me  it  was  well  for  me  I  did  not."  John  Willkenson,  Richard  Maybe  and 
Thomas  Bell  testified  to  the  same.     Sworn,  4  :  12  :  1678. 

Search  warrant,  dated  14  :  9  :  1678,  to  go  in  all  suspicious  places,  houses, 
cellars  and  vessels,  or  where  Samuell  Archard  shall  direct  for  some  wood 
of  his  which  was  stolen  last  night,  signed  by  Edm.  Batter,*  commissioner, 
and  served  by  WilUam  Curtis,  *  constable,  who  returned  that  he  found  about 
three  feet  of  the  wood  in  John  Clifford's  canoe,  near  Chfford's  house,  and 
his  servants  owned  that  they  took  it. 

Warrant,  dated  Feb.  3,  1678-9,  for  the  apprehension  of  John  Bur9ughs, 
William  Dicer's  man,  for  drunkenness,  and  also  Ishack  Foot  as  a  witness, 
signed  by  Bartho.  Gidny,*  commissioner. 

Writ:  Mr.  Edmund  Batter  v.  Capt.  James  Smith;  debt;  dated,  16  :  11: 
1678;  signed  by  Hilliard  Veren,*  for  the  court  and  clerk  of  the  town  of 
Salem;  and  served  by  Joseph  Webb,*  marshal,  by  attachment  of  a  quart 
pot  and  dish  which  Wilham  Godsaw  said  belonged  to  Smith,  and  the  latter's 
wife  owned  them  to  be  his. 

Mr.  Edmund  Batter's  bill  of  cost  against  Capt.  James  Smith,  18s.  6d. 
Summons,  dated  3:1:  1678,  to  Edward  WooUins,  Edmund  Bridges  and 
Samuell  Prince,  as  witnesses  in  the  action  between  Mr.  Edmund  Batter, 
attorney  to  Walter  Penuell  and  William  Bowditch,  also  to  Philhp  Lues  and 
said  Bowditch,  signed  by  Wm.  Hathorne,*  assistant. 

PhiUp  Lewis'  bill  of  costs  against  W^illiam  Bowdidge,  7s.  6d. 
Writ:  PhiUip  Lewis  v.  Mr.  Wm.  Bowditch;  for  withholding  his  share  m  a 
fishing  voyage  made  in  the  said  Bowditch's  ketch;  dated  19  :  12  :1678; 
signed  by  Hilliard  Veren,*  for  the  com-t,  and  clerk  of  the  town  of  Salem; 
and  served  by  Henry  Skerry,*  marshal  of  Salem,  by  attachment  of  the  land 
on  defendant's  wharf. 

Writ:  Mr.  Edmund  Batter,  attorney  to  Walter  Penuell  v.  Mr  Wm.  Bow- 
ditch; for  withholding  a  part  of  his  son  John's  fishing  voyage,  he  having 
gone  with  Bowditch,  and  for  withholding  the  account  of  the  voyage;  dated 
19  :  12  :  1678;  signed  by  HiUiard  Veren,*  for  the  court,  and  clerk  of  the 
town  of  Salem;  and  served  by  Henry  Skerry,*  marshal  of  Salem,  by  attach- 
ment of  defendant's  land  upon  his  wharf. 

Phillip  Lewes.  Dr.:  16  :  11  :  77,  To  6  large  cod  Lynes  at  4s.  p.,  181i.;  Led 
at  4d.,  3  pecks  pease,  Ih.  13s.;  13  :  12  :  77-8,  to  5s.  pd.  MackmiUo,  threed, 
4d.,  12d.  mony,  6s.  4d.;  19  :  13  :  77-8,  to  pipes,  2d.,  1  Barr.  porke,  3s.  15d.; 
1  Bush.  Indian,  3s.  8d.,  31i.  18£.  2d.;  28  :  1,  to  1-2  Bush,  of  pease,  2s.  3d.; 
thread,  5d.;  filiating,  8d.;  Buttons,  8d.;  thread,  4d.;  buttons,  4d.;  to  2 
large  cod  lynes,  8s.  8d.;  1  doz.  cod  hookes,  3s.  6d.;  10  :  2  :  78,  to  3  yds. 
serge,  at  4s.  6d.  per  vd.,  1  vrd  canvas,  at  2s.  8d.,  15s.  6d.;  silke.  Id.;  thred, 
6d.;  1  1-2  doz.  buttons  at  3d.  per  doz.,  11  l-2d.;  23  :  2  :  78,  5  ounces  of 
Thread  at  5d.  p.  Tape,  4d.,  2s.  5d.;  29  :  3  :  78,  to  2  Bush,  of  Indian  corn, 
paire  of  cards,  8s.  6d.;  30  :  3  :  78,  to  4  1-211.  role  Tobacco  at  8d.  p.,  3s.; 
4  : 4  :  78,  to  1  Bush,  of  ry  &  1-2  Bush,  of  Indian,  5s.  6d.;  29  : 4  :  78,  to  1 
Bush,  of  Indian,  1  qrt.  of  rum,  4s.;  12  :  5  :  78,  to  5s.  pd.  Mary  Arthy,  8s.  to 
Goody  Peddrick,  13s.;  26  :5  :  78,  to  Bush.  Indian  come,  6s.;  31  : 5  :  78, 
to  2  C.  of  hobb  nayles  &  1  pint  of  rum,  Is.  2d.;  12  : 6  :  78,  to  1  doz.  cod 
hookes,  4U.  leaf  Tobaco,  5s.  6d.;  27  :  6  :  78,  to  1  Bush.  Indian,  &  1-2  Bush  of 
ry  to  John  Norton.  5s. ;  2:8:  78,  to  1  1-2  Bush.  Indian  corne  &  1  qrt.  rum, 
5s.  6d.;  1-2  Bush,  ry,  lU.  Tobacco,  1-2  Bush.  Indian,  4s.;  16  :  8  :  78,  to  1  qrt. 
rum,  1  Bush,  pease,  5s. ;  1:9:  78,  to  lOs.  silver,  10s.  silver,  allowance  2s. 
p  U.,  Ih.  2s.  3d.;   to  1  Bush,  ry,  4s.;   7  : 9  :  78,  1  Bush  ry,  3  pecks  Ry,  7s.; 

*  Autograph. 


248  SALEM    QUARTERLY    COURT  [June 

12s.  to  his  wife,  12s.;  16  :  10  :  78,  to  5  qtl.  refuse  fish  to  Mr.  Veren,  sr.,  2U. 
10s.;  51i.  pork,  20d.;  to  Robert  Hodge,  lli.  lis.  6d.;  20  :  11  :  78,  Thrid,  Is.; 
1  Bush.  Indian  p  miller,  4s.;  to  Blacke  thrid,  4d.;  mony,  12d.  Cr.,  due  to 
him  on  his  fishing  voyage,  19li.  2s.  lOd.;  by  work  done  about  ketch  Willing. 
5s.;  21  :  11  :  1678-9,  due  to  Phillip  Lewis,  lU.  15s.  2  l-2d.  Sworn,  4:1: 
1678. 

Wilham  Bowditch's  bill  of  cost  against  Mr.  Edmund  Batter,  4s.  6d. 

Philip  Greely's  bill  of  cost  against  Timothy  Lindal,  for  ferriage  at  Salem 
and  Sahsbury,  coming  to  Salem  to  get  George  Dane  sworn,  etc.,  lis.  2d. 

Warrant,  dated,  3:1:  1678-9,  for  the  appearance  of  the  wife  of  Arthur 
Gray,  for  keeping  too  much  company  on  Lord's  day  with  Allen  Chard, 
signed  by  Edm.  Batter,*  commissioner,  and  served  by  William  Curtis,*  con- 
stable of  Salem. 

Warrant,  dated  25  :  12  :  1678-9,  for  the  appearance  of  Allen  Chard  and  the 
wife  of  Arthur  Gray,  to  answer  for  being  in  said  Gray's  house  together  in 
time  of  pubUc  service  of  God  on  Sabbath  day  last,  signed  by  Edmund  Batter,* 
commissioner,  and  served  by  Jno.  Norman,*  constable  of  Salem,  who  re- 
turned that  he  summoned  Hellen  Chard,  but  could  not  find  Hana  Gray. 

Joseph  Phippen,  sr.,  and  Henry  Skerry,  jr.,  tythingmen,  deposed  that 
going  out  of  the  meeting  on  24  :  12  :  1678  to  inspect  suspicious  houses,  they 
found  Goody  Gray  and  one  Hellen  Chard,  etc.     Sworn,  4:1:  1678-9. 

Execution,  dated  Mar.  5,  1678-9,  against  John  Darby  to  satisfy  judgment 
granted  Mr.  John  Turner,  Mar.  4,  167S-9,  at  the  Salem  commissioners' 
court,  signed  by  Hilliard  Veren,*  clerk,  and  served  by  John  Wilhams,*  cooper, 
deputy  to  Henry  Skerry,*  marshal  of  Salem,  who,  for  want  of  goods,  delivered 
said  Darby  to  Turner  to  be  his  servant  for  seven  months. 

Summons,  dated  28  :  12  :  1678,  to  the  tythingmen  of  Salem,  Mr.  John 
Hathorne,  Mr.  John  Ruck,  Mr.  Eleazer  Gedney,  Jeremiah  Meachum,  John 
Reeves,  Samuell  Wilhams,  Jonathan  Eger,  Mr.  Nehemiah  Willoughby,  Mr. 
Joseph  Phippen,  sr.,  Isaack  Foot,  Henry  Skerry,  jr.,  Ehas  Mason  and  John 
Roapes,  to  appear  before  the  commissioners  to  take  their  oath,  signed  by 
HiUiard  Veren,*  clerk,  and  returned  by  Constable  Serls. 

Sarah  Haven's  bill  of  cost,  12s.  Rich.  Haven,  sr.,  Rich.  Haven,  jr.,  Hannah 
Goodale,  Joseph  Mansfeild,  Susana  Haven  and  Mary  Tarrbox  mentioned. 

Summons,  dated  26  :  12  :  1678-9,  for  the  appearance  of  Will.  Holace  and 
William  Raine,  Jno.  Becket's  servants,  for  carrying  away  a  boat  without  leave, 
signed  by  Edm.  Batter,*  commissioner,  and  served  by  WiUiam  Curtis*  con- 
stable of  Salem. 

Robt.  Stone,  aged  about  seventeen  years,  and  Martin  Majory,  aged  about 
twenty  years,  deposed  that  the  ketch  called  the  Supply  being  ready  to  set 
sail  and  bound  for  a  voyage  to  the  Southward,  only  waiting  for  a  fair  wind, 
the  master  Robert  Stone,  sr.,  wanted  some  iron  to  take  with  them.  They 
went  to  get  their  boat  to  carry  it  aboard,  but  when  they  came  to  the  water 
side  the  boat  was  not  there,  and  Joseph  Majory  told  them  that  William 
Rayne  and  another  whom  he  did  not  know  had  carried  it  away.  They  were 
obhged  to  get  another  canoe,  hoping  the  boat  would  be  returned  before 
evening.  The  master  went  to  look  for  her,  with  four  hands,  as  far  as  the 
bridge  in  Forest  river  but  could  not  find  her.  The  next  morning  they  found 
her  on  Marblehead  side  near  Frogmorton's  cove,  laden  with  wood  and  sunk, 
Hollis  and  Rayne  being  there  and  owning  that  they  took  her.  They  lost  a 
day's  sail,  which  would  have  taken  them  to  Martin  Vineyard  sound.  Sworn, 
26  :  12  :  1678-9,  before  Edmund  Batter,*  commissioner. 

Warrant,  dated  Apr.  4,  1679,  for  the  appearance  of  Henry  Kenny,  for 
slandering  Mr.  Baily,  minister,  by  reporting  that  he  did  not  perform  family 
duties,  also  summons  to  the  wife  of  Nathaniell  Ingerson,  the  wife  of  Jonathan 
Knight,  Edward  Putnam  and  the  wife  of  Joseph  Holton,  as  witnesses,  signed 
by  HiUiard  Veren,*  clerk  of  the  court  and  for  the  town  of  Salem,  and  served 
by  Joshua  Rea,*  constable  of  Salem  Farms. 

Complaint  of  Thomas  Putnam,  sr.,*  John  Putnam,  sr.,*  Daniel  Andrew* 

*  Autograph. 


1679]  RECORDS    AND    FILES  249 

and  Nathaniel  IngersoU:*  that  Henery  Keeney  had  greatly  slandered  their 
minister  Mr.  Bayely  by  reporting  that  he  neglected  family  duties,  at  several 
places,  at  Line  to  John  Colens,  to  the  wife  of  Nathanell  Ingersoll,  to  the 
wife  of  Jonathan  Knight,  to  Ed.  Putnam  and  to  the  wife  of  Joseph  Holtone,  sr. 
Ane  King,  aged  about  fifty  years,  deposed  that  being  at  Mr.  Baly's  house 
for  three  weeks  together,  she  never  heard  him  read  a  chapter  nor  expound 
any  part  of  the  Scripture  which  was  a  great  grief  to  her. 

Edward  Putnam,  aged  about  twenty-three  years,  deposed  that  he  heard 
Kenny  make  the  charges.  The  wife  of  Nathaniel  Ingerson  and  the  wife  of 
Joseph  Holten  testified  the  same.     Sworn,  8:2:  1678. 

James  Smith,*  Frances  Geferd,*  John  Shepard*  and  Mary  Woodrow* 
deposed,  on  Mar.  2,  1678-9,  that  they  had  lived  in  Mr.  Bayly's  family  at 
different  times  and  he  always  performed  family  duties  morning  and  evening 
unless  sickness  or  some  other  unavoidable  providence  prevented. 

Francis  Geffards  and  Mary  Woodrow  deposed  that  during  the  time  they 
lived  at  Mr.  Bayleyes  house,  one  being  a  boarder  there  at  times  for  the  space 
of  two  or  three  years  and  the  other  having  lived  there  for  about  a  year  and 
a  quarter,  he  read  the  scriptures  and  other  profitable  books  and  also  repeated 
his  own  sermons  in  his  family,  as  well  as  family  prayers.  He  always  en- 
deavored to  keep  good  order  in  his  family,  carrying  himself  exemplarily 
therein. 

Henry  Skerry,  clerk  of  the  train  band  under  Capt.  Price,  and  John  WiUiams, 
clerk  also  of  the  same  company,  deposed  that  going  into  the  house  of  Robert 
Hodg  to  levy  for  a  fine,  and  coming  out  again,  they  met  him  in  the  yard  and 
he  was  in  a  rage,  used  many  abusive  words  and  threatened  to  knock  out 
Henry  Skerry's  brains.     Sworn,  6:3:  1679. 

Warrant,  dated  6:3:  1679,  for  the  apprehension  of  Robert  Hodg,  for 
abusing  an  officer  and  clerk  of  the  train  band  in  the  execution  of  his  office, 
signed  by  Hilliard  Veren,*  cleric. 

Writ:  Mr.  John  Higgenson,  jr.  v.  Mathew  Nixon;  debt;  dated  26  :  2  : 
1679;  signed  by  Hilliard  Veren,*  for  the  court,  and  cleric  for  the  town  of 
Salem;  and  served  by  James  Powllen,*  constable  of  Salem,  by  attachment 
of  the  land  on  which  Mathew  Nixson's  house  stands  and  all  the  yard  to 
Thomas  Serle's  house. 

Mary  Cock,  aged  about  thirty-nine  years,  and  Mary  Brandway  deposed 
that  about  Jan.  6  they  were  present  when  Mathew  Nixon  gave  actual  posses- 
sion of  his  house  and  ground  and  dehvered  all  his  moveables  to  Walter  Whit- 
ford  and  Bridget  his  wife,  together  with  the  house  and  land.  Sworn,  6:3: 
1679. 

Mathew  Barton,  complained  of  for  drunkenness  on  the  Sabbath  day, 
confessed  the  fact,  he  appearing  according  to  summons,  dated  6:3:  1679, 
with  Tho.  Rix  and  his  wife,  as  witnesses. 

Mathew  Nixson,  Dr.  to  Jno.  Higgenson,  jr.:*  15  :  12  :  1674,  to  buttons, 
silk,  1  pt.  Brandy,  3s.  6d.;  18  :  12.  1  pt.  Brandy,  1  qt.  Brandy,  3s.;  1  pt. 
Brandy,  2s.;  wood  stock,  &c.,  4s.  4d.;  Brandy,  2s.;  19  :5  :  74-5,  Brandy 
2s.;  in.  nayles  &  Brandy,  Is.  3d.;  Cod  lines  &  twine.  15s.;  1-2  doz.  capl. 
hooks  &  mackerel  hooks.  Is.  9d. ;   total,  Ih.  12s.  lOd.     Sworn,  6:3:  1679. 

Warrant,  dated  Apr.  24,  1679,  for  the  appearance  of  Thomas  Brackett 
and  his  wife,  for  disorderly  hving  in  a  way  of  discontent  and  clammer,  and 
other  abusive  carriages,  also  to  summon  the  wife  of  John  Tompkins,  Hugh 
Joanes,  John  Smale  and  his  wife,  signed  by  HilUard  Veren,*  cleric,  and  served 
by  James  Simonds,*  constable  of  Salem. 

Members  of  the  church  appointed  to  inquire  into  the  case  of  Tho.  Bracket 
and  his  wife  reported  that  they  found  Sister  Bracket  very  blamable  but  she 
desired  the  help  of  their  prayers  to  God  for  her.  They  found  no  legal  ground 
to  convict  her  neither  was  there  ground  to  suspend  her  from  the  Lord's  supper. 

Thomas  Maul's  reasons  for  suspecting  Sergt.  James  Brown  of  stealing  goods 
from  him:  he  was  very  well  acquainted  at  his  shop,  and  bragged  that  he 
could  open  the  door  with  a  cold  chisel  the  very  night  of  the  theft;   the  next 

*  Autograph. 


250  SALEM    QUARTERLY    COURT  [June 

day  he  was  very  forward  to  charge  many  persons  of  better  manners  than 
himself  with  the  theft  and  Maul  had  hard  work  to  get  rid  of  him,  "whos  com- 
pany was  noe  welcomar  then  watar  into  a  new  ship,"  but  if  anyone  charged 
him  with  it  he  would  change  countenance  as  if  he  "would  a  sounded  away;" 
he  prevented  the  watch  going  toward  the  bridge,  and  at  the  time  that  the 
shop  was  broken  into,  according  to  Francis  Crod;  he  told  Maul  that  the 
loss  was  not  more  than  30h.  worth  of  goods  when  Maul  claimed  lOOU.;  by 
his  own  confession  he  was  abroad  that  night  until  nearly  12  o'clock,  and  was 
seen  in  Maul's  new  house  all  alone  about  9  o'clock,  etc. 

James  Pouhng  and  Edmond  Bridges  testified  that  they  heard  Brown  say 
that  the  reason  he  was  abroad  so  late  that  night  was  because  it  was  a  hot 
night  and  they  were  troubled  with  bugs  and  he  could  not  sleep,  etc.  Sworn, 
3:4:  1679. 

On  May  30,  1679,  Tho.  Maull  was  bound  to  prosecute  before  Bartho. 
Gedny,*  commissioner. 

Thos.  Maul  and  his  wife  Naomi  deposed  that  Browne  said  in  their  shop 
that  it  would  be  an  easy  thing  to  steal  then-  goods  and  MauU  said  "I  thinke 
to  hang  a  hamaker  there,"  and  Browne  said  he  could  get  in  for  all  of  that. 
After  the  goods  were  stolen  he  told  Maul  that  he  need  not  be  troubled  for 
the  goods  would  be  brought  back.     Sworn,  3:4:  1679. 

James  Browne's*  declaration  on  June  3,  1679:  that  on  Election  day  last 
in  the  morning  about  daybreak  he  heard  a  noise  in  the  cellar  of  Thomas 
Veahe  and  after  sun  "was  an  hour  high,  his  wife  came  in  and  told  him  that 
people  said  that  Maule's  shop  was  broken  into.  He  met  VeaUe  in  the  entry 
and  he  said  that  they  were  fools  for  not  searching  for  the  goods  at  daybreak 
for  if  he  had  taken  them  he  would  have  concealed  them  by  that  time;  that 
when  the  constables  searched  Vealie's  house  the  second  time  and  found  the 
ground  hollow  by  running  in  a  staff,  he  asked  the  constables  if  they  saw  an 
old  chest  in  the  cellar  or  in  the  house  about  two  feet  and  a  half  long  with  a 
great  hole  cut  in  the  fore  part  of  it  and  below  the  hole  a  staple  with  a  crooked 
iron  hanging  to  it  as  they  use  to  bring  open  the  lid  of  it,  and  there  was  a 
staple  which  they  used  sometimes  to  lock  with  a  padlock  and  the  constables 
said  they  did  not  see  it;  that  he  had  heard  from  several  of  not  the  meanest 
rank  in  town  that  Vealye  had  been  often  suspected  of  felony;  that  he  had 
lost  quantities  of  his  winter  provisions  and  suspected  Vealye,  etc.  Sworn, 
3:4:  1679. 

James  Browne,*  on  May  30,  1679,  gave  bond  for  appearance. 
Examination  of  James  Browne,  May  30,  1679,  before  Bar.  Gedney,  com- 
missioner:   that  Brown  asked  the  watch  not  to  walk  to  the  north  east  end 
of  the  town  the  first  part  of  the  night  but  toward  the  point  of  rocks,  and  Hill 
replied  that  four  were  ordered  to  stay  by  the  prison. 

Hanah  Browne  testified.  May  30,  1679,  that  on  May  27  at  about  ten  o'clock, 
Roger  Hill,  one  of  the  watch,  came  into  their  house  and  talked  with  her 
husband  and  as  soon  as  he  went,  her  husband  went  to  bed,  where  he  stayed 
until  7  o'clock  the  next  morning.  She  went  to  bed  a  half  hour  later  and  on 
account  of  the  child's  crying  she  slept  hardly  at  all  that  night.  She  arose  a 
httle  before  the  cows  went  out  and  before  that  she  heard  her  neighbor  Vele 
in  his  cellar  rummaging  and  turning  out  barrels,  etc.     Sworn,  3:4:  1679. 

William  Peirce,  aged  about  fifteen  years,  deposed  that  he  was  on  the  watch 
with  Goodman  Hill,  WiUiam  Curtis,  jr.,  and  others,  when  James  Browne 
came  to  them  and  said  he  had  some  work  for  Hill  to  do  the  next  day,  etc. 
Sworn,  3:4:  1679.  ,    .  ^ ,     ,  , 

Sarah  Bridges,  aged  about  thirty-seven  years,  testified  that  bemg  at  Maule  s 
shop  she  heard  James  Browne,  glazier,  etc.     Sworn,  3:4:  1679. 

Hannah  Sibly  testified  that  she  saw  Brown  in  her  master's  new  house 
when  she  was  milking,  etc.     Sworn,  3:4:  1679. 

Jeremiah  Neale,  aged  about  thirty-four  years,  testified  that  about  a  half 
hour  before  the  bell  rung  in  the  evening  he  met  James  Browne  and  George 
Thomas  in  the  highway  near  the  house  where  old  Gasgaine  now  lives,  and 

*  Autograph. 


1679]  RECORDS    AND    FILES  251 

Browne  went  with  him  to  deponent's  brother  FUnt's  house,  where  they  stayed 
a  short  time  until  after  the  bell  rung.  Then  they  came  out  and  Browne 
asked  him  to  go  into  his  house  with  him  but  deponent  said  it  was  very  late 
and  so  Browne  went  in  alone.     Sworn,  3:4:  1679. 

Roger  HiU,  aged  fifty  years,  deposed  that  Browne  told  him  when  he  was 
upon  the  watch  he  had  orders  to  go  to  the  point  of  rocks  first,  etc.  Sworn 
before  WiUiam  Browne,*  commissioner. 

William  Curtis,  jr.,  aged  about  sixteen  years,  testified.  Sworn  before 
William  Browne,*  commissioner. 

Constable  Poland  and  Will.  Curtis,  constable,  affirmed  that  they  used  to 
order  the  watch  to  go  down  to  the  lower  end  first,  etc.     Sworn,  3:4:  1679. 

Mercye  Marston,  aged  about  thirty  years,  deposed.     Sworn,  3:4:  1679. 

Writ:  Capt.  Richard  More  v.  Thomas  Chubb,  sr.;  debt;  dated  9:3:  1679; 
signed  by  HiUiard  Veren,*  for  the  com-t  and  clerk  of  the  town  of  Salem; 
and  served  by  Nehemiah  Willoughby,*  constable,  who  committed  said  Chubb 
to  prison. 

Richard  More's  bill  of  cost,  10s.  lOd. 

Susanah  Duch,  aged  about  twenty-eight  years,  testified  that  being  at 
her  father's  house,  Chubb  came  there.  Her  uncle  Humphrey  Woodbury 
was  there  also  in  the  kitchen,  who  with  deponent  were  witnesses  that  Chubb 
promised  to  pay  her  mother  20s.,  on  account  of  his  son  Thomas,  etc.  Sworn, 
3:4:  1679. 

Humphrey  Woodbury,  aged  about  seventy  years,  deposed  that  being  at 
his  brother  Richard  More's  house  in  Salem,  etc.     Sworn,  3:4:  1679. 

Letter,  dated  Salem,  May  12,  1679,  from  Francis  Skerry*  and  John  Choub* 
to  Mr.  Benjamine  Felton  to  deliver  Tho.  Choub  out  of  prison  and  they  would 
be  bound  for  him. 

Fines,  May  26,  1678,  by  Mr.  Wm.  Browne: 

A  stranger,  for  excessive  drinking. 

William  Smith,  for  drunkenness  and  abusive  language  to  Henry  West, 
tythingman.     He  confessed  that  he  drank  at  Ed.  Bridges'  and  became  drunk. 

Edmond  Bridges,  for  selling  cider  within  doors  by  retail,  was  ordered  to 
appear  at  the  next  court,  and  gave  bond  with  Fra.  Niu-ss  and  Chris.  Latta- 
more,  as  sureties. 

Petition  of  John  WiUkison:*  that  he  had  been  sent  for  to  answer  for  ex- 
cessive drinlving  and  keeping  bad  order  in  his  house,  which  charge  he  denied, 
and  asked  to  see  his  accusers  to  find  out  if  the  charges  were  not  made  on 
account  of  prejudice,  etc. 

Marey  Indecot,  aged  about  twelue  years,  deposed  that  she  saw  fiddUng 
and  dancing  in  John  Willkesun's  house  and  Hue  drinking  hquor  there. 

Margat  Dohng,  aged  about  eleven  years,  deposed  the  same. 

Hew  Galloway,  aged  about  twenty-two  years,  testified  that  they  asked 
him  to  fetch  a  quart  of  rum  and  the  next  morning  they  wished  to  borrow  a 
half  crown  of  him.  He  bought  a  quart  and  drank  it  there  and  drank  and 
paid  for  another  quart  at  Wilkensun's  house  the  next  morning.  Sworn, 
7:8:  1679. 

Jonathan  Ager  and  Isack  Foott,  tythingmen,  upon  complaint  against 
Mary  Meds  for  constantly  neglecting  the  pubhc  worship  of  God  on  the  Lord's 
day,  went  to  her  house,  knocked  at  the  door  ''and  caled  and  at  lenth  waked 
her  dafter  and  with  seuerall  cahngs  she  wakened  her  mother  and  so  let  us  in, 
and  being  asked  the  reson  of  the  aboue  said  neglect  and  she  said  with  angrie 
words  we  had  more  neede  to  look  after  Rude  boys:  and  bid  us  goe  out  of  her 
hous:  and  said  she  cold  not  nor  wold  not  goe  to  metting  for  none  of 
them  all."  Also  they  had  told  Isack  Whitecer,  servant  to  Francis  Skerry, 
at  several  times  when  they  met  him,  to  go  into  meeting,  threatening  to  report 
him  to  authority,  but  he  did  not  mind  their  words. 

Writ:  Edmund  Batter  v.  Jno.  Bouden;  debt;  dated  2:3:  1679;  signed 
by  HiUiard  Veren,*  for  the  court  and  clerk  for  the  town  of  Salem;  and  served 

*  Autograph. 


252  SALEM    QUARTERLY    COURT  [June 

by  Henry  Skerry,*  marshal  of  Salem,  by  attachment  of  four  chests,  a  bed- 
stead, rug  and  a  chair  of  defendant. 

Writ:  Mr.  Edmond  Batter  v.  Walter  Fairefeild;  debt;  dated  9:3:  1679; 
signed  by  HiUiard  Veren,*  for  the  court,  and  clerk  of  the  town  of  Salem; 
and  served  by  Henry  Williams,*  deputy  for  Robert  Lord,*  marshal  of  Ipswich, 
by  attachment  of  a  house  of  defendant  at  Wenam. 

Writ  of  replevin,  for  a  horse  of  Edward  Wharton's,  deceased,  seized  by 
Ezekiell  Needham,  to  be  delivered  to  Samuell  Shattock,  attorney  to  George 
Wharton,  administrator  of  the  estate  of  said  Edward;  dated  June  23,  1679; 
signed  by  HiUiard  Veren,*  for  the  court,  and  clerk  for  the  town  of  Salem; 
and  served  by  Jonn  Bullock,*  deputy  for  Henry  Skerry,*  marshal  of  Salem. 

Ezekell  Nedham's  bill  of  cost,  Hi.  13s. 

Samll.  Shattock's  bill  of  cost,  Hi.  15s. 

John  Bullock,  aged  about  twenty-four  years,  deposed  that  this  horse  was 
formerly  Edward  Wharton's,  and  he  had  heard  Needom  say  that  he  took 
it  up  with  a  rope  about  his  neck.  Since  then  deponent  had  seen  a  brand  of 
E.  B.  upon  him.     Sworn,  5:6: 1679. 

W.  Reeves  and  J.  Cook  testified  concerning  the  color  and  marks  on  the 

torse.  ^    T    ,       ,  ,  . 

Samuell  Princ,  aged  about  twenty-five  years,  testfied  that  he  saw  this 
horse  about  the  time  it  ran  away  from  Josiah  Sotherick,  a  year  and  a  half 
■ago,  in  the  south  field  with  a  rope  about  his  neck.     Sworn,  5:6:  1679. 

Manaseth  Marston,  aged  about  thirty-four  years,  testified  that  this  is 
the  horse  that  Isack  Woodbery  of  Beverly  sold  to  Ezekiell  Needham  about 
two  years  ago.     Sworn,  5:6:  1679. 

John  Lewis,  jr.,  aged  about  nineteen  years,  deposed  that  he  saw  Samuell 
Shaduck,  jr.,  of  Salem  take  a  horse  of  a  blackish  brown  color  of  Ezekiell 
J^Jeedham's  out  of  his  pasture,  about  a  week  since,  etc.  Sworn  before  Capt. 
Walker  and  Thomas  Laughton,*  commissioners  of  Lyn. 

Copy  of  letter  of  attorney,  dated  July  4,  1678,  given  before  Anthony 
Wright,  notary  pubhc,  dwelhng  in  London,  by  George  Wharton  of  London, 
brother  and  administrator  of  the  estate  of  Edmond  Wharton,  late  of  Salem, 
to  Samuell  Shattock,  sr.,  and  Samuell  Shattock,  jr.,  dwelling  in  Salem.  Wit: 
Henry  Frogg,  Lawrence  Cresse  and  William  Cranch.  On  July  5,  1678, 
Sir  Frances  ChapUn,  Lord  Mayor  of  London,  the  aldermen  and  senators 
also,  certified  that  Anthony  Wright  was  a  legally  appointed  notary  public, 
signed  by  Wagstaffe.     Copy  made  by  HiUiard  Veren,*  cleric. 

EzekieU  Needham,  aged  about  thirty-two  years,  deposed  that  when  he 
bought  the  horse  John  Bulock  affirmed  that  it  was  a  colt  of  Robert  Wilkes' 
mare,  etc.     Sworn,  5:6:  1679. 

WiUiam  Trassk  and  Josiah  Southwicke  testified.     Sworn,  5:6:  1679. 

John  Lewis,  sr.,  aged  about  forty  years,  deposed  that  when  Needham  took 
up  the  horse  he  was  so  wild  that  it  was  a  fortnight  before  he  could  be  ridden, 
etc.  Sworn  at  Lyn,  before  Capt.  WaUier  and  Thomas  Laughton,*  com- 
missioners. 

Mr.  Ralph  Kinge,  aged  about  forty  years,  and  John  Richards,  aged  about 
thirty  years,  testified.  Sworn  at  Lyn,  before  Capt.  WaUcer  and  Thomas 
Laughton,*  commissioners. 

Joseph  Lord,  aged  about  seventeen  years,  testified  that  his  master  Edward 
Wharton  wintered  the  horse  about  three  months,  etc.     Sworn,  5:6:  1679. 

William  Reeves,  aged  about  thirty-four  years,  deposed  that  he  had  several 
times  seen  Ezekiel  Needom  ride  upon  the  horse.     Sworn,  5:6:  1679. 

Edmond  Bridges,  aged  about  forty  years,  testified  that  Edward  Wharton's 
horse  was  impressed  by  order  of  the  committee  of  militia  of  Salem  to  go 
post  with  a  letter  to  the  Major  GeneraU,  and  deponent  rode  part  of  the  way, 
Jno.  Richards  of  Lin  told  deponent,  etc.     Sworn,  5:6:  1679. 

John  Cooke,  aged  about  thirty  years,  testified  that  he  had  shod  the  horse 
for  Edward  Wharton  several  times  and  also  trimmed  him,  etc.  Sworn, 
5:6: 1679. 

*  Autograph, 


1679]  RECORDS   AND    FILES  255 

John  Richards,  aged  about  thirty  years,  and  Nickolas  Huchins,  aged 
about  forty-two  years,  testified  concerning  the  marks  on  the  horse,  etc. 
Sworn  at  Lyn,  30  : 4  :  1679,  before  Capt.  Walker  and  Thomas  Laughton,* 
commissioners. 

John  Richards,  aged  about  thirty-five  years,  and  Nicoles  Hutchens,  aged 
about  forty-two  years,  deposed  that  the  horse  was  Ezekiel's  riding  horse 
for  over  a  year,  etc.     Sworn,  5:6:  1679,  before  Wm.  Hathorne,*  assistant. 

Writ:  Robert  Burges  v.  Samuell  Hobbs;  for  neglecting  and  leaving  his 
work  from  time  to  time,  as  he  was  engaged  as  partner  with  plaintiff  to  per- 
form; dated  29  :  5  :  1679;  signed  by  Hilliard  Veren,*  for  the  court,  and 
clerk  of  the  town  of  Salem;  and  served  by  James  Poulon,*  constable  of 
Salem,  by  attachment  of  a  chest  and  the  Sunday  clothes  of  said  Hobbs  in 
the  chest. 

Robert  Burgis'  bill  of  cost,  10s.  2d. 

Hilliard  Veren,  jr.,  testified  that  Samuell  Hobbs  engaged  with  Robt.  Bur- 
gis to  build  a  stack  of  chimneys  and  do  other  work  for  deponent  in  partner- 
ship, to  be  finished  some  months  since.  Now  the  work  was  nearly  finished, 
without  any  help  from  Hobbs,  etc.     Sworn,  5:6:  1679. 

Writ:  Mr.  Richard  Croade  v.  Samuell  Hobbs;  debt;  dated  July  29,  1679; 
signed  by  Hilliard  Veren,*  for  the  court  and  for  the  town  of  Salem;  and 
served  by  James  Powllen,*  constable  of  Salem,  by  attachment  of  a  chest 
and  clothes  of  defendant. 

Richard  Croad's  bill  of  cost,  15s.  lOd. 

Samuel  (his  mark)  Hobbs  owned,  29  :  5  :  1679,  that  he  owed  Richard 
Croade  47s.  2d.     Wit:   James  Powllen, f  constable.     Sworn,  5:6:  1679. 

Executions,  dated  7:6:  1679,  against  Samuell  Hobbs,  to  satisfy  judg- 
ments granted  Mr.  Richard  Croade  and  Robert  Burgis  at  the  Salem  com- 
missioners' court,  5:6:  1679,  signed  by  HiUiard  Veren,*  cleric,  and  served 
by  Henry  Skerry,*  marshal  of  Salem. 

Warrant,  dated  July  18,  1679,  for  the  appearance  of  Mrs.  Ellener  Holling- 
worth  and  her  son  Wilham,  signed  by  William  Browne,*  commissioner,  and 
served  by  James  Powllen,*  constable  of  Salem. 

SammueU  Prince,  aged  about  twenty-five  years,  deposed  that  he  was 
present  when  Wilham  Holhngworth  and  John  Beckett,  jr..  had  some  words 
and  that  Wilham  had  great  provocation  for  what  he  said  to  Becket.  Sworn, 
5:6:  1679. 

Mrs.  Holhngworth  deposed  that  Samuell  Graye  and  John  Becket,  jr., 
went  from  her  house  together,  and  shortly  returned  with  his  mouth  bloody 
and  much  swollen,  saying  Gray  had  struck  him,  and  she  took  a  cloth  to 
wipe  away  the  blood.     Sworn,  5:6:  1679. 

Walter  Whitford,  aged  about  fifty-one  years,  deposed  that  he  being  re- 
quired by  constable  Sarles  to  part  Samuell  Gray  and  John  Best  from  fighting, 
etc. 

John  Becket,  jr.,  testified  that  when  Sam.  Gray  struck  him  down  in  the 
lane,  Wilham  Holhngworth  stood  by  and  deponent  told  him  that  as  they 
were  children  together,  before  "I  would  haue  seen  him  so  abused  I  would 
haue  died  by  him,"  to  which  Wilham  made  answer  that  he  loved  to  see  men 
kill  one  another.     Sworn,  5:6:  1679. 

Samuel  Prince,  aged  about  twenty-five  years,  deposed  that  he  was  in  the 
house  with  John  Becket  when  Wilham  Holhngwood  came  in  and  asked 
Becket  what  he  meant  by  Hezekiah  Dutch's  bed.  Becket  said  he  never 
lay  upon  Dutch's  bed  in  his  hfe,  and  Wilham  shook  his  cane  at  him,  saying 
if  he  would  not  fight  him  he  would  proclaim  him  a  coward  throughout  the 
town,  etc.     Wilham  Bowdith,  jr.,  testified  the  same.     Sworn,  5:6:  1679. 

John  Beckett,  aged  about  fifty-three  years,  deposed.     Sworn,  5:6:  1679. 

Ehsabeth  Deyser,  aged  about  forty-eight  years,  deposed  that  she  saw 
Samuell  Gray  fighting  John  Elwelles  man  before  Goody  Deyser's  house. 

Summons,  dated  Aug.  4,  1679,  for  the  appearance  of  Walter  Mungey  and 
John  Bly,  as  witnesses  in  a  complaint  against  John  Marcy,  for  being  dis- 

*  Autograph. 


254  IPSWICH    QUARTERLY    COURT  [Sept. 

Court  held  at  Ipswich,  Sept.  30,  1679. 

Edmond  Ashbie  v.  Timothy  Clarke.  False  imprisonment. 
Verdict  for  plaintiff.* 

*Writ:  Edmond  Ashby  v.  Timothy  Clarke,  commander  of 
the  ship  Sea  Venture;  for  false  imprisonment  on  May  23, 
last,  in  the  goal  of  Boston  and  there  detained  until  July  1; 
dated  Boston,  Sept.  10,  1679;  signed  by  Nath.  Barnes,t  for 
the  town  of  Boston;  and  served  by  Returne  Waite,t  marshal 
of  Suffolk.     Bond  of  Timothy  Clarke.f 

Edmond  Ashby's  bill  of  cost,  lU.  4s.  6d. 

Joseph  Elliott,  aged  about  thirty-one  years,  deposed  that 
he  was  in  prison  when  Ashby  was  brought  in  and  delivered 
to  Mr.  Earle,  prison  keeper.  Ashby  paid  50s.  to  Earl  for 
bail  and  was  at  hberty  to  go  about  but  was  not  discharged.  He 
was  obliged  to  report  every  time  he  came  to  town.  Sworn, 
11:7:  1679,  before  S.  Bradstreet,t  Govr. 

John  Babson,  aged  eighteen  years,  deposed  that  Ashby 
was  served  the  attachment  by  Henery  Williams,  and  his 
imprisonment  was  a  great  hindrance  to  the  improvement  of 
his  vessel.     Sworn  in  court. 

Issick  Couzens,  aged  about  sixty-seven  years,  testified  that 
he  was  also  a  prisoner  and  heard  Ashby  tender  the  prison 
keeper  a  load  of  wood  which  he  refused,  etc.  Sworn,  Sept.  11, 
1679,  before  John  Joyliffe,t  commissioner. 

Letter  to  Mr.  Lord,  clerk  of  the  Ipswich  court:  "Bostone 
Sep*  12'^  1679.  This  is  onely  to  inclose  a  deposition  to  be 
made  use  of  at  yo""  next  court  at  Ipswich  taken  by  Isack  Coz- 
ens before  yo''  loueing  freind  John  Joyliffe." 

Copy  of  writ:  Timothy  Clarke,  commander  of  the  ship 
Sea  Venture  v.  Edward  Ashby;  for  refusing  to  pay  27s.  from 
the  wages  of  Thomas  Babson,  deceased,  for  satisfaction  of 
the  doctor  of  the  Indeavour,  Samuell  Smith,  commander,  in 
the  late  voyage  at  Saltatudes,  to  do  which  said  Ashby  had 
received  of  the  plaintiff  the  full  wages  of  said  Babson,  de- 
ceased, whereby  plaintiff  was  forced  to  pay  said  doctor  because 
he  had  given  his  word  to  pay  him  out  of  said  wages,  and  this 
was  done  because  said  docter  at  Tertudes  refused  to  take  the 
word  of  defendant;  dated  Boston,  May  23,  1679;  signed  by 
Ephraim   Turner,   for   the   town   of   Boston;    and   served   by 


guised  with  drink,  signed  by  Bartho.  Gedney,t  commissioner,  and  served 
by  Peter  Cheevers,t  constable.  Mungey  was  fined  for  contempt  in  not 
appearing. 

Warrant,  dated  Aug.  4,  1679,  for  the  appearance  of  John  Marcy,  for  drunk- 
enness, signed  by  Bartho.  Gedney,t  commissioner,  and  served  by  Peter 
Cheevers.t  constable  of  Salem. 

t  Autograph. 


1679]  RECORDS    AND    FILES  255 

Joseph  Quilter,  administrator  of  the  estate  of  Marke  Quilter, 
deceased  v.  Frances  Quilter.  Debt.  Forfeiture  of  a  bond. 
Verdict  for  plaintiff.  Appealed  to  the  next  Court  of  Assist- 
ants. Frances  Quilter  bound,  with  Richard  Shatswell  and 
Robert  Swan,  as  sureties.* 

Henery  Williams,  deputy  for  Joseph  Webb,  marshal  of  Suffolk. 
Copy  made  by  Robert  Howard, f  cleric  for  the  Commissioners' 
court. 

*Writ,  dated  June  23,  1679,  signed  by  Robert  Lord,t  for 
the  town  of  Ipswich,  and  served  by  Phillip  Fowler,t  deputy 
for  Robert  Lord,t  marshal  of  Ipswich. 

Joseph  Quilter's  bill  of  cost,  21i.  2s. 

Francis  Quilter's  bill  of  cost. 

Agreement,  dated  Nov.  11,  1678,  between  Joseph  Quillter,t 
administrator  of  the  estate  of  Marke  Quilter,  and  Frances 
(her  mark)  Quilter,  the  widow  of  Marke  Quillter,  both  of 
Ipswich,  that  Edward  Lumis  and  Simon  Stace  should  arbi- 
trate their  differences  about  a  chest,  bills  and  wearing  clothes 
of  deceased,  also  a  musket,  belt  and  rapier,  saddle  and 
saddle  cloth,  powder  and  bullets.  Wit:  Thomas  Lovellf 
and  Simon  Stace. f  Sworn,  Sept.  1,  1679,  by  Lovell  before 
Daniel  Denison,t  and  by  Stace,  in  court. 

Award  of  the  arbitrators,  dated  Nov.  12,  1678,  Edward 
(his  mark)  Lumis  and  Simon  Stace  if  that  the  administrator 
should  have  the  chest,  bills,  wearing  clothes,  musket,  rapier, 
belts,  bullets  and  powder  belonging  to  the  gun,  saddle  and 
saddle  cloth,  and  should  pay  to  the  widow  lOli.,  half  in  New 
England  silver  money  and  half  in  corn  at  the  house  of  deceased. 
Sworn  in  court. 

Joseph  Quilterf  acknowledged  that  he  had  received  the 
goods  that  were  in  Marke  Quilter's  house  and  Frances  (her 
mark)  Quilter  owned  that  she  had  her  part  and  acquitted  said 
Joseph  of  all  that  was  awarded  to  her  concerning  the  goods  in 
the  house.  Wit:  Edward  (his  mark)  Lumis  and  Tho.  Lovell. f 
Sworn,  Sept.  1,  1679,  by  Lovell  before  Daniel  Denison,t 
and  by  Lumis,  in  court. 

At  a  General  Court  at  Boston,  May  28,  1679,  in  the  case 
of  Frances,  widow  of  Marke  Quilter  of  Ipswich,  asking  for  a 
settlement  of  her  husband's  estate,  court  found  that  he  died 
intestate  and  the  pretended  will  presented  to  this  court  ought 
to  be  accounted  null  and  void,  the  widow  to  have  the  whole 
estate  during  her  life,  and  afterwards  one-half  to  the  relations 
of  her  deceased  husband.  Copy  of  record  made  by  Edward 
Rawson,t  secretary. 

Frances  Quilter's  petition  to  the  General  Court:    that  her 

t  Autograph. 


256  IPSWICH    QUARTERLY    COURT  [Sept. 

Robert  Knight  v.  Onesipherus  Allen.  Appeal  from  a 
judgment  of  Maj.  Gen.  Daniel  Dennison,  Esq.  Verdict  for 
defendant.* 

Robert  Knight  v.  Samuell  Leach.  Appeal  from  a  judgment 
of  Maj.  Gen.  Daniel  Denison.  Verdict  for  defendant.  Con- 
firmation of  the  former  judgment. f 

husband  died  possessed  of  about  60011.,  of  which  a  considerable 
part  was  money,  and  which  was  chiefly  what  said  Frances 
brought  to  him  as  a  portion  given  her  by  her  father  Richard 
Swan,  the  remainder  what  her  husband  had  made  during  the 
twenty-three  years  that  she  had  lived  with  him,  they  both 
denying  themselves  everything  but  necessities  to  accumulate 
the  estate.  Her  husband  had  not  made  his  will  when  he  was 
in  a  condition  to  do  so  and  the  will  was  presented  two  days 
after  his  death  to  the  Ipswich  court  by  Joseph  Quilter  who 
was  appointed  administrator.  She  is  now  in  her  old  age 
destitute  of  parents,  husband  or  children  and  unless  a  settle- 
ment is  made  will  of  necessity  come  to  the  town  for  support, 
etc.     Copy  made  by  Edw.  Rawson,|  secretary. 

*Copy  of  papers  in  a  similar  action,  before  Daniel  Denison, 
of  Salem,  made  Aug.  25,  1679,  by  Daniel  Denison.| 

Writ:  Onesiphorus  Allen  v.  Robert  Knight  of  Marblehead; 
for  illegally  taking  away  five  or  six  cords  of  said  Allen's  wood; 
dated  30  :  4  :  1679;  signed  by  Hilliard  Veren,  for  the  court; 
and  served  by  Henry  Skerry,  marshal  of  Salem,  who  attached 
said  Knight  at  Salem.     Bond  of  Robert  Knight. 

On  July  7,  1679,  this  action  was  tried  before  Daniel  Denison, 
who  gave  judgment  for  plaintiff.  Defendant  appealed,  with 
William  Beale  and  Thomas  Looke  as  sureties. 

Onesiphorus  Allen's  bill  of  cost,  13s.  6d. 

William  Allen  testified  that  the  wood  which  his  brother 
Onesiphorus  Allen,  etc.  Sworn,  July  7,  1679,  before  Daniel 
Denison. I 

Samuel  Leach  and  Robert  Leach  deposed  that  at  that  time 
wood  sold  for  3s.  6d.  per  cord.  Sworn,  July  7,  1679,  before 
Daniel  Denison. J 

William  Allen  and  Samuel  Leach  testified  that  the  wood 
was  cut  by  Onesiphorus  Allen  upon  the  commons  of  Man- 
chester. 

Robert  Knight'sJ  reasons  of  appeal,  brought  in  to  Daniel 
Denison,J  Sept.  23,  1679. 

fCopy  of  papers  in  this  action  tried,  June,  1679,  at  Salem 
court,  made  by  Daniel  Denison. | 

Copy  made  by  Daniel  Denison|  of  a  similar  action,  tried 
July   17,    1679,   before   Daniel   Denison,   who  gave  judgment 

t  Autograph. 


1679]  RECORDS   AND    FILES  257 

Mr.  Thomas  Baker  v.  Mr.  Jeremiah  Hobard.  Slander. 
By  advice  of  the  court,  Mr.  Hobard  acknowledged  he  had 
done  him  wrong  and  spoke  without  grounds  or  reason  in  court. 

Martha  Gilbert  v.  Hugh  Babell  and  Susanna,  his  wife. 
Slander.  Verdict  for  plaintiff.  The  defendant  was  ordered 
to  make  acknowledgment  in  court,  which  was  done.* 

for  plaintiff.  Appealed  to  the  next  Ipswich  court,  with  Wil- 
liam Beale  and  Thomas  Looke,  as  sureties. 

Robert  Knight'sf  reasons  of  appeal,  brought  in  to  Daniel 
Denison,t  Sept.  23,  1679. 

Answer  of  Samuell  Leachf  and  Onysipharus  Alinf  to  Robart 
Knight's  reasons  of  appeal. 

John  Sibly  and  Robert  Leach  deposed  that  the  wood  was 
cut  by  Samuel  Leach  on  the  commons  of  Manchester.  Sworn, 
July  7,  1679,  before  Daniel  Denison.f 

Robert  Leach  deposed.  Sworn,  July  7,  1679,  before  Daniel 
Denison.f 

Samuell  Leach's  bills  of  cost,  12s.  and  Hi.  6s.  6d. 

John  Knight,  aged  nineteen  years,  and  Robert  Knight, 
aged  sixteen  years,  deposed  that  the  last  winter  they  were 
sent  by  their  father  Robert  Knight  of  Marblehead  to  his 
farm  called  Kettle  Cove  for  firewood  about  40  rods  from  the 
waterside  upon  the  neck  which  lieth  on  this  side  the  marsh. 
Several  parcels  of  wood  were  standing  ready  cut  at  the  stumps, 
and  they  and  two  other  men  backed  it  down  to  the  boat,  etc. 
Sworn,  July  5,  1679,  before  Moses  Mavericke,  commissioner. 
Copy  made,  Aug.  25,  1679,  by  Daniel  Denison.f 

John  Sibly  and  Samuel  Leach  deposed.  Sworn,  July  7, 
1679,  before  Daniel  Denison.f 

William  Beale,  aged  about  forty-nine  years,  deposed. 
Sworn,  July  7,  1679,  before  Daniel  Denison.f 

John  Abbott,  aged  twenty-seven  years,  deposed.  Sworn, 
July  7,  1679,  before  Moses  Maverick,  commissioner. 

Jenkin  Williams  and  John  Coy  deposed  that  Robert  Knight 
told  them  that  he  carried  away  Samuel  Leach's  wood  that  lay 
at  the  usual  landing  place  at  Kettle  Cove.  Sworn,  July  7, 
1679,  before  Daniel  Denison.f 

Thomas  West  and  John  Elithrop  deposed  that  cord  wood 
sold  at  4s.  6d.  per  cord.  Sworn,  July  7,  1679,  before  Daniel 
Denison.f 

*Writ:  Martha  Gilbert  v.  Hugh  Babell  and  Susanah,  his 
wife;  slander,  for  saying  that  plaintiff  stole  a  silk  farendine 
gown  on  account  of  which  she  was  in  prison  a  fortnight;  dated 
Sept.    19,    1679;    signed   by   Robert  Lord,f  for  the  town  of 

t  Autograph. 


258  IPSWICH    QUARTERLY    COURT  [Sept. 

Joshua  Ward  v.  Simon  Bradstreet,  Esq.    Debt.    Withdrawn. 

John  Poland  v.  Robert  Lord,  marshal.  For  not  performing 
his  office.     Verdict  for  defendant.* 

Samuell  Pippen  v.  Benjamin  Marshall.  Appeal  from  a 
judgment  of  the  Honored  Major  Genell.  Denison.  Verdict 
for  plaintiff,  reversing  of  the  former  judgment.! 

Ipswich;  and  served  by  Robert  Lord, J  marshal  of  Ipswich. 
Bond  of  Hu  Babell,J  Benjamin  Marshall!  and  Sam.  Pearce.+ 

Wm.  Hoar  deposed  that  in  all  the  considerable  time  that 
Martha  Gilbirt  lived  with  him  as  a  servant,  he  found  her 
very  trusty  and  faithful. 

Anna  Marshall  deposed  that  being  in  company  with  Susanna 
Babell  at  her  father  Crosses,  she  heard  her  say  that  Martha 
stole  the  gown.  Elizabeth  Smith  testified  to  the  same.  Sworn 
in  court. 

Abigaile  BingleyJ  testified  that  all  the  time  Martha  lived 
with  her,  she  was  trusty  and  honest.  Sworn,  Sept.  29,  1679, 
before  S.  Bradstreet,!  Govr. 

Letter  of  attorney,  dated  Sept.  27,  1679,  given  by  Martha 
(her  mark)  Gilbert  to  Danil  Wikum.  Sworn,  Sept.  27,  1679, 
before  Daniel  Denison.! 

*Writ:  John  Poland  v.  Thomas  Patch;  trespass,  for 
throwing  down  a  ditch  that  fenced  his  meadow,  thereby  claim- 
ing his  land  and  laying  his  meadow  common;  dated  June  16, 
1679;   signed  by  Daniell  Denison;!   and  no  return  made. 

Jon.  Poland's  bill  of  cost,  Hi.  2d. 

Thomas  Patch,  aged  about  forty-one  years,  deposed  that 
there  being  an  action  at  Salem  court  last  June  between  de- 
ponent and  Jno.  Poland,  and  the  original  attachment  not 
then  appearing,  he  told  John  Poland  that  as  he  had  a  copy  of 
the  attachment,  if  he  would  give  deponent  5s.  the  action 
should  go  on.  Also  that  Richard  Hutton,  then  constable  of 
Wenham,  served  the  attachment  on  deponent's  goods,  making 
return  in  his  own  name.     Sworn  in  court. 

William  Knowlton,  aged  about  thirty-six  j^ears,  deposed 
that  Robert  Lord,  marshal  of  Ipswich,  said  in  his  hearing  at 
the  last  Salem  court  that  Goodman  Powland's  attachment 
that  he  had  served  upon  Thomas  Patch  of  Wenham  should 
be  at  the  court  or  else  he  would  procure  him  one.  Sworn, 
12  :  7  :  1679,  before  Edm.  Batter,!  commissioner. 

Richard  Hutten,  sr.,  deposed.     Sworn  in  court. 

Thomas  Knoulton  deposed.  Sworn,  Sept.  20,  1679,  before 
Daniel  Denison.! 

tCopy  of  papers  in  an  action  tried  before  Daniel  Denison, 
made  Aug.  25,  1679,  by  Daniel  Denison:! 

t  Autograph. 


1679]  RECORDS    AND    FILES  259 

Luke  Perkins  v.  Robert  Cooke.  Non-performance  of  a 
covenant.     Verdict  for  defendant.* 

Writ:  Benjamin  Marshal,  assignee  of  John  Cogswel,  the 
administrator  of  the  estate  of  Samuel  Cogswel,  deceased; 
trespass;  for  carrying  rail  timber  and  cord  wood  from  the 
farm  that  Samuel  Cogswel  leased  to  Samll.  Pippen,  which 
land  could  not  be  improved  for  corn;  dated  July  9,  1679; 
signed  by  Robert  Lord,  for  the  town  of  Ipswich;  and  served 
by  Robert  Lord,t  marshal  of  Ipswich,  by  attachment  of  a 
small  swine,  a  coverlet  and  defendant's  clothes. 

Court  gave  judgment  for  plaintiff.  Appealed  to  the  next 
count}^  court,  with  Thomas  Varney,  Ephraim  Fellowes  and 
Jonathan  Fanton,  as  sureties. 

Benjamin  Marshall's  bill  of  cost,  Hi.  17s.  8d. 

Samuell  Pipen's  bill  of  cost.  Hi.  5s.  6d. 

Samuell  Pippen's  reasons  of  appeal,  given  in,  Sept.  25,  1679, 
to  Daniel  Denison.f 

Benjamin  Marshall's  answer  to  Samuell  Pippin's  reasons 
of  appeal. 

Joseph  Marshal  deposed  that  he  helped  Pippin  carry  100 
railes  or  rail  timber.  Sworn,  July  17,  1679,  before  Daniel 
Denison.f 

William  Cogswel  deposed  that  Pippen  sold  him  100  rails  in 
1679  which  he  hired  Joseph  Marshal  to  bring  over  the  river 
and  they  were  landed  on  his  land.  Sworn,  July  17,  1679, 
before  Daniel  Denison.f 

William  Thompson,  deposed  that  he  cut  down  eight  or  nine 
rail  trees  and  some  post  timber,  which  made  about  100  rails 
and  30  posts;  also  three  cords  of  wood  were  also  cut,  etc. 
Sworn,  July  17,  1679,  before  Daniel  Denison.f 

Willm.  Story,  sr.,  and  Thomas  Low,  sr.,  deposed  concerning 
appraising  the  damage  and  Pippin's  threats  to  Marshall. 
Sworn,  July  17,  1679,  before  Daniel  Denison.f 

Henry  Swett,  aged  about  twenty-two  years,  deposed. 
Sworn,  July  17,  1679,  before  Daniel  Denison.f 

William  Thompson,  aged  thirty  years,  and  Henry  Swett 
deposed  that  some  of  this  timber  grew  upon  as  good  land  as 
Pippin  had  already  broken  up.  The  rail  timber  was  failed 
to  make  a  five  rail  fence  between  Pippen's  and  deponent's. 
Sworn,  July  17,  1679,  before  Daniel  Denison.f 

Willm.  Andrewes  testified.  Sworn,  July  17,  1679,  before 
Daniel  Denison.f 

*Writ:  Luke  Perkins  v.  Robert  Cooke  of  Boston,  horn- 
breaker;  non-performance  of  a  covenant;  dated  Sept.  10, 
1679;    signed  by  Robert  Lord,f  for  the  court;    and  served  by 

f  Autograph. 


260  IPSWICH    QUARTERLY    COURT  [Sept. 

Henry  Williams,*  deputy  for  Rich.  Wayte,*  marshal  of  Suffolk. 
Bond  of  Robert  Cooke,*  with  Nehemiah  Perce*  of  Boston 
as  surety. 

John  Brandall,  hornbreaker,  aged  thirty  years,  testified 
that  ivory  comb-making  and  horn  comb-making  are  two 
distinct  trades,  and  that  living  several  years  with  Robert 
Cook,  he  never  heard  that  he  made  any  small  tooth  combs 
but  long  tooth  horn  combs.  Sworn,  Sept.  29,  1679,  before 
S.  Bradstreet,*  Govr. 

Samuell  Peppen,  aged  about  thirty-two  years,  deposed  that 
being  at  the  house  of  Quartermaster  Perkins  when  Luke 
Perkins  and  Mr.  Cooke  made  the  agreement,  said  Cooke 
agreed  to  clear  him  from  the  town  of  Boston  that  the  townsmen 
should  not  hinder  him.  Also  he  said  he  would  let  him  a 
chamber  to  dwell  in  while  he  was  there  the  four  months. 
Sworn  in  court. 

Tommos  Heill,  aged  about  fifty  years,  testified  that  he  had 
seen  Robert  Cooke  make  good  "torkell  shell"  combs  a  great 
many  times.  Sworn,  Sept.  3,  1679,  before  John  Hull,*  com- 
missioner. 

Joseph  Hurd,  aged  about  thirty-three  years,  deposed  the 
same.     Sworn,  Sept.  3,  1679,  before  John  Hull,*  commissioner. 

Joseph  Hord,  aged  thirty-three  years,  deposed  that  being 
next  neighbor  to  Robert  Cook,  when  Perkins  was  there,  the 
latter  told  him  that  he  had  learned  to  make  better  great  tooth 
combs  then  Mr.  Cooke.  Having  lived  many  years  next 
Cooke,  he  never  knew  that  he  made  combs  with  small  teeth 
but  that  he  always  hired  them  made.  Also  that  Perkins 
and  his  wife  left  Cook's  house  and  lived  in  the  house  where 
formerly  Nehemiah  Perce  dwelt  and  he  never  heard  of  any- 
thing the  townsmen  had  against  them  before  said  Perce  com- 
plained of  them.  Sworn,  Sept.  29,  1679,  before  John  Hull,* 
commissioner. 

Elihu  Wardal  testified  that  he  saw  Luke  Perkins  making 
combs  at  Cook's  house. 

Nehemiah  Perce,  aged  thirty-six  years,  deposed  that  he 
was  much  concerned  to  get  Mrs.  Perkins  out  of  the  town  or 
to  hinder  them  from  keeping  a  house  in  our  end  of  the  town. 
But  he  never  heard  of  any  act  requiring  Luke  Perkins  himself 
to  leave  town  or  his  work.  Also  that  being  for  several  years 
next  neighbor  to  Cooke,  etc.  Perkins  and  his  wife  left  said 
Cooke's  house  and  lived  in  the  house  where  deponent  for- 
merly lived,  at  which  time  there  were  two  months'  covenanted 
time  due  Mr.  Cook,  he  having  lived  three  months  with  Cook. 
Sworn,  Sept.  29,  1679,  before  John  Hull,*  commissioner. 

John  Hollman,  aged  forty-three  years,  testified  that  he 
heard  Mr.  Luke  Perkins  tell  Cook  that  if  he  would  come  to 

*  Autograph. 


1679]  RECORDS    AND    FILES  261 

Mr.    Francis    Wainwright    v.    Wm.    and    Samuell    Hilton. 
Debt.     Forfeiture  of  a  bond.* 


Ipswich  he  would  work  out  the  other  two  months.  Thomas 
Hill,  aged  about  fifty  years,  deposed  the  same.  Sworn, 
24  :  7  :  1679,  before  S.  Bradstreet,t  Govr. 

John  Fayerweather,  aged  about  forty-five  years,  deposed 
that  Mr.  Cooke  was  called  before  the  selectmen  on  account 
of  entertaining  servants  without  leave,  and  he  said  that  he 
intended  to  be  bound  for  him  at  first  but  he  would  not  give 
entertainment  to  him  any  longer  and  would  turn  him  out  of 
his  house.  Theoph.  Fraryf  testified  to  the  same.  Sworn  at 
Boston,  Sept.  3,  1679,  before  Elisha  Hutchinson,t  commissioner. 

Thomas  Hill  and  John  Hollman  deposed.  Sworn,  Sept.  27, 
1679,  before  John  Hull,t  commissioner. 

Indenture,  dated  Apr.  29,  1679,  between  Robert  CookeJ  of 
Boston,  hornbreaker,  and  Luke  PerkinsJ  of  Ipswich,  in  which 
said  Cooke  agreed  to  teach  him  the  trade  of  combmaking 
within  four  months,  for  which  he  was  to  pay  201i.  in  one  year, 
lOli.  to  be  paid  in  a  still  upon  his  arrival  in  Boston,  which,  if 
it  could  not  be  disposed  of  at  that  price  and  he  was  forced  to 
keep  it,  he  was  to  allow  Perkins  40s.  in  silver  for  it;  after 
Perkins  had  learned  the  trade  he  was  not  to  teach  it  to  any- 
body except  his  own  children  upon  forfeiture  of  401i.  sterling; 
Cooke  was  to  supply  him  with  one  set  of  tools  for  which  he 
was  to  pay.  Wit:  John  Barryf  and  Robert  Lord,t  marshal. 
This  agreement  was  to  be  kept  in  the  hands  of  George  Persen. 

*Writ:  Francis  Wainwright  v.  William  Hilton  and  Sam- 
uel Hilton;  debt  due  upon  forfeiture  of  a  bond;  dated  13  :  7  : 
1679;  signed  by  Daniel  Denisonf;  and  served  by  Robert 
Lord,t  marshal  of  Ipswich. 

"M""  William  and  Samuell  Hillton  These  may  infornae  you 
that  I  haue  now  sent  m''  Crose  his  sloope  for  his  ladeing  of 
boards  I  am  now  at  the  lies  of  the  Sholes  &  therfore  haue  not 
sent  you  the  remainder  of  the  pay  that  will  be  due,  besyds 
what  you  owe  me,  therfore  pray  you  lade  him  and  send  me  a 
line  or  two  what  you  would  haue  I  have  a  speshall  good  barrell 
of  porrke  &  corne  wheat  malt  &  Indian,  and  doe  oblidge  heerby 
to  pay  you  the  rest  p  the  first  opertunity  in  the  River  of  Pas- 
cataqua  wher  you  shall  apoynt  mee  thus  not  feareing  you  will 
faile  me  but  that  you  have  kept  the  boards  for  me  acording 
to  your  manifest  promise  I  doe  remaine  your  loveing  freind 
to  use  Francis  Wainwright.  Star  Hand  17  July  1678."  Copy 
made  by  Robert  Lord,t  cleric. 

''M""  Frances  Wainwright  these  may  informe  you  that  on 
the  25  of  July  1678,  then  John  Lee  &  Steeven  Crose  were  at 
my  house   with   there  vessell   and   demanded   boards   of   me 

t  Autograph.  t  Autograph  and  seal. 


262  IPSWICH    QUARTERLY    COURT  [Sept. 

Ezekiell  Woodward  v.  John  Poland.  Defamation.  Ver- 
dict for  plaintiff.  The  defendant  was  ordered  to  make  ac- 
knowledgment.* 

acording  to  this  order  but  I  have  not  any  boards  for  to  shipp 
on  board  for  you  and  therefore  I  desire  your  patience  &  for- 
bearance a  little  longer,  and  doe  hereby  promise  you  that  the 
first  boards  my  mill  cutts  or  any  other  mill  where  I  can  pro- 
cure them  you  shall  have  what  is  due  from  me  to  you,  better 
I  cannot  doe  pray  do  not  take  advantage  ags*  me,  and  in  soe 
forbearing  you  will  oblige  your  freind  &  servant."  William 
(his  mark)  Hilton.  Wit:  Richard  Hillton  and  John  Lee. 
Sworn  in  court. 

Bond,  dated  Dec.  14,  1676,  given  by  William  (his  mark) 
Hilton§  and  Sam.  Hilton, J  both  of  Exeter,  to  Francis  Wain- 
wright,  for  20,000  feet  of  pine  boards,  part  at  a  landing  place 
in  Exeter  and  part  at  Lampre  river.  Wit:  John  Wainwrightf 
and  Samuell  Plats. f     Sworn  in  court. 

*Writ:  Eseckell  Wooderd  v.  John  PoUand;  defamation, 
for  slandering  him  and  his  wife;  dated  June  20,  1679;  signed 
by  Robert  Lord,!  for  the  court;  and  served  by  Robert  Lord,t 
marshal  of  Ipswich. 

Robert  Lord,  aged  about  forty-seven  years,  deposed  that 
Jon.  Polland  being  at  deponent's  house  this  summer,  he  asked 
Polland  how  deponent's  uncle  Woodward  and  his  new  wife 
did.  Polland  answered  that  she  had  a  poor  bargain  with  him 
and  she  repented  of  it.  Polland  also  "said  that  hir  Brother 
knowlton  sayd  to  me  y*  shee  came  To  him  slaubering  &  crying 
&  sayd  y*  she  was  undonne  by  maring  woodword:  &  That 
shee  was  very  much  Troubled  That  she  had  wronged  me: 
y*  is  poland  &  That  she  was  not  able  To  see  me  but  watterd 
hir  plants  at  The  meetting  at  the  very  sight  of  me  &  did  grately 
bemone  hurself  That  shee  should  offer  so  much  wrong  To 
polend  &  That  I  derst  not  goe  To  The  meetting  at  wenhem 
for  every  Time  she  see  mee  she  is  nott  able  to  bare  it  but  is 
ready  for  To  swound  away."     Sworn  in  court. 

Richard  Brabroke,  aged  about  sixty-seven  years,  deposed 
that  when  Poland  came  into  his  house  he  said  "I  heard  you 
have  Lost  your  widow,"  and  he  replied  that  she  ran  after 
Eseckall  Wooder  at  Wennam  and  he  did  not  deserve  her. 
Also,  that  all  the  widow  Piper's  friends  wondered  that  she  left 
said  Poland,  etc.     Sworn  in  court. 

Thomas  Hobbs,  aged  about  fifty-five  years,  deposed  con- 
cerning what  Poland  told  him  about  the  widow  Piper,  etc. 
Sworn  in  court. 

Benjamin  Edmands  and  his  sister  Bethiah  Knolton  deposed 

t  Autograph.  J  Autograph  and  seal.  §  Seal. 


1679]  RECORDS   AND    FILES  263 

Samuell  Pearce  v.  Steephen  Hascot.  Breach  of  promise. 
Verdict  for  plaintiff.* 

George  White  acknowledged  judgment  to  Deacon  Good- 
hue, in  money,  wheat,  malt  and  pork. 

John  Poland  made  open  confession  in  court  that  he  had 
done  wrong  to  the  widow  Piper,  now  the  wife  of  Ezekiell 
Woodward,  in  speaking  the  words  to  which  the  witnesses 
testified,  and  was  sorry  for  it,  desiring  the  court  and  them  to 
forgive  him. 

Nicolas  Noyes,  Anthony  Morse,  Thomas  Browne,   Robert 

concerning  what  Poland  told  them  at  John  Knolton's  house 
relating  to  the  widow  Piper's  actions.     Sworn  in  court. 

*Writ:  Samuell  Pearse  v.  Steephen  Hascut;  for  not  paying 
for  fourteen  days'  demurrage  of  his  ketch,  himself  and  men 
at  Dammaris  Cove  in  June,  1674;  dated  Sept.  25,  1679; 
signed  by  Robert  Lord,t  for  the  court;  and  served  by  Henry 
Skerry, t  marshal  of  Salem,  by  attachment  of  house  and  land 
of  defendant. 

Samuell  Pearce's  bill  of  cost.  Hi.  14s.  8d. 

Steven  Cooke,  aged  about  thirty-two  years,  and  Hugh 
Babell,  aged  about  thirty-one  years,  deposed  that  vessels  of 
25  tons,  manned  by  three  men,  were  in  this  country  generally 
let  by  the  month  for  151i.  They  had  been  owners  and  had 
let  their  vessels  at  that  price.     Sworn  in  court. 

Agreement,  dated  May  7,  1674,  between  Stephen  Haskottf 
and  Sam.  Pearce,  that  the  latter  was  to  fetch  a  freight  or  two 
of  fish  from  Dambrell's  Cove  and  Hippocris  and  Haskott  was 
to  put  aboard  300  quintals  of  fish  at  each  load,  at  Is.  per 
quintal  for  freight,  to  be  paid  in  merchantable  or  refuse  fish, 
according  to  the  load;  he  agreed  to  load  the  ketch  in  five  fish 
days  and  to  unload  her  in  two  fair  fish  days,  and  to  have  the 
fish  in  the  ketch  when  she  comes  to  the  stage  head;  what 
goods  Hascut  carried  should  be  freight  free;  the  fish  was  to  be 
paid  at  each  voyage's  end  at  Salem;  Pearce  was  to  sail  on 
May  11,  wind  and  weather  favorable.  Wit:  Roger  Derbyf 
and  Samuel  Taylor.f  Sworn  to  by  Philip  Fowler  and  Roger 
Derby  in  court. 

Thomas  Frasee,  aged  about  thirty-three  years,  and  Jno. 
Pearce,  aged  twenty-two  years,  deposed  that  they  sailed  on 
the  ketch  and  they  waited  at  Damerell's  Cove  the  number  of 
days  as  agreed  upon,  but  the  fish  not  being  loaded,  Hascut 
asked  Pearce  to  wait  and  he  would  satisfy  him  for  the  extra 
time,  and  it  was  fourteen  or  fifteen  daj^s  before  they  sailed 
into  Salem.     Sworn  in  court. 

t  Autograph. 


264  IPSWICH    QUARTERLY    COURT  [Sept. 

Coker,  Jo.  Poore,  sr.,  Wm.  Chandler,  Wm.  Ilsly,  Henry  Jaquis, 
Wm.  Randall  and  William  Pillsbury,  all  of  Newbury,  were 
discharged  from  ordinary  training,  each  paying  one  bushel  of 
Indian  corn  yearly. 

Thomas  Judkin  had  his  license  renewed  for  a  year,  also 
his  license  for  liquors. 

Merchant  Wainwright  had  his  license  renewed  for  a  year. 

Deacon  Goodhue  had  his  license  renewed  for  a  year. 

Daniell  Clarke  had  his  license  renewed  for  a  year. 

Mr.  Mighill  Farley  was  licensed  to  sell  liquors  by  the  gallon 
or  quart  for  a  year. 

Benidict  Pulcipher  and  his  wife,  convicted  of  receiving 
stolen  goods  which  were  taken  by  his  son  John  Pulsipher  from 
Mr.  Francis  Wainwright's,  were  ordered  to  pay  treble  damages 
to  Mr.  Wainwright.     John  was  to  be  severely  whipped.* 

*The  examination  and  confession  of  John  (his  mark)  Pulcifer, 
taken  May  16,  1679,  before  Daniel  Denisonif  that  he  lived 
with  Mr.  Francis  Wainwright  the  last  winter  and  his  father 
and  mother  told  him  that  they  wanted  wheat  which  he  might 
help  them  to,  whereupon  he  carried  to  them  about  half  a 
bushel  of  wheat  which  he  took  from  Mr.  Wainwright's  cham- 
ber and  delivered  it  to  his  father  at  his  own  house.  His  mother 
made  a  cake  and  gave  him.  Later  he  took  a  bushel  of  wheat 
and  they  asking  him  for  pork,  he  took  two  large  pieces  five 
or  six  times,  from  his  master's  warehouse,  and  cut  out  a  small 
hog,  half  a  bushel  of  salt,  two  bundles  of  candles,  about  51i. 
sugar  at  two  times  in  a  handkerchief,  also  three  or  four  times 
he  carried  three  or  four  hogsleaves  at  a  time,  all  of  which  his 
father  and  mother  received. 

Examination  of  Benedict  Pulcifer  and  Susanna,  his  wife, 
taken  before  Daniel  Denisonif  that  Mr.  Wainwright  asked 
them  to  give  their  son  good  counsel  not  to  take  anything  from 
him.  She  confessed  that  he  had  brought  her  goods  and  she 
was  suspicious  and  wished  to  send  them  back  to  Mr.  Wain- 
wright, but  did  not  for  fear  of  making  trouble. 

Mr.  Wainwright  was  bound.  May  16,  1679,  to  prosecute 
the  complaint,  and  John  Pulcifer  and  Francis  Young  were 
bound  for  said  Pulcifer's  appearance  at  the  next  Salem  court. 

Benedict  Pulcifer  and  Samll.  Moses  were  bound  for  the 
appearance  of  said  Pulcifer  and  his  wife  at  the  next  Salem  court. 

This  action  was  referred  to  Ipswich  court  in  Sept.,  on  peti- 
tion of  the  parties  concerned,  and  acknowledged,  June  23, 
1679,  before  Daniel  Denison.f 

t  Autograph. 


1679]  RECORDS    AND    FILES  265 

Phillip  Parsons  appearing,  and  no  one  accusing  him,  he 
was  cleared. 

Wm.  Hodgkins,  for  excessive  drinking,  was  fined. 

Dinah  Marshall,  for  fornication  before  marriage,  was  fined. 

Sarah  Short,  for  fornication,  was  fined.* 

Hannah  Adams,  for  fornication,  was  ordered  to  be  severely 
whipped,  unless  she  pay  a  fine. 

John  Barry  and  his  wife,  for  fornication  before  marriage, 
were  fined. f 

Phillip  Fowler  dying  intestate,  administration  upon  his 
estate  was  granted  to  his  grandchild,  Philip  Fowler. 

Whereas  administration  was  formerly  granted  to  Nath. 
Tredwell  and  Jo.  Warner  of  the  estate  of  Henry  Bachelour, 
court  now  adds  John  Bachelour  of  Wenham  to  administer 
with  them.| 


*Sarah  Short  and  Joseph  Mayhu  were  presented  for  forni- 
cation before  marriage. 

fHis  wife  was  Rebecca. 

JAn  account  made  by  Nathaniell  Tredwell,  §  John  Warner§ 
and  John   Batcheler§   of  debts   due  from   Henry   Bacheller's 

estate:    to   Mister  Tredwell, ;    Mistriss   Mary  Tredwell, 

;    Mistress  Tredwel,  Hi.  19s.  3d.;    to  Mistriss  Tredwell, 

9h.  7s.;  to  Thomas  Tredwell,  Hi.;  to  John  Bachelder,  31i.  3s.; 
to  Abraham  Foster,  Hi.  6s.;  to  Medcalfe,  6s.;  to  Cristofer 
Boules,  4s.;  to  Marthy  Percy,  2s.  6d.;  to  Samuell  Perly, 
Is.  6d.;  to  Samuell  Houlett,  2s.  3d.;  to  Gorge  Hadlv,  3s.; 
to  Edward  Werling,  6s.  6d.;  to  John  Warner,  12s.  3d.;  to 
Nathaniell  Tredwell,  51i.  17s.;  to  Marchant  Waindright, 
12s.;  to  William  Smith,  7s.;  to  Mistress  Willsonn,  3s.;  total, 
421i.  2s.  3d.  To  be  deducted  from  the  inventory:  ten  shep 
that  died  and  were  killed  by  wolves,  21i.  10s.;  to  swine  lost, 
15s.;  lost  4  bushels  of  corn,  12s.;  lost  by  meat,  12s.;  total, 
41i.  9s. 

John  Warner's!  account  of  what  he  had  done  for  Henery 
Batcheler:  for  fouer  jagges  of  hay  in  1673,  21i.;  received  in 
part  pay,  8s.;  for  carying  bricks  &  clay  for  an  oven,  4s.;  for 
carying  him  a  Load  of  bords  from  maning  Neck  and  hellping 
him  to  halfe  an  hundred,  9s.;  one  Bushell  of  Indian  corne 
in  75,  3s. ;  caring  two  Jagges  of  hay  in  77  &  78,  6s. ;  total, 
21i.  14s.  For  tending  him  in  his  sickness  from  Jan.  23  to 
Feb.  5,  in  which  I  made  it  a  great  Part  of  my  imployment 
boath  Night  &  day  to  tend  him  &  get  such  things  for  him  as 
hee  desired:    clothing  at  Decon  Goodhew's,  3U.  Is.  3d.;    blew 

§  Autograph. 


266  IPSWICH    QUARTERLY    COURT  [Sept. 

Abell  Pilsbury  and  his  wife,  for  fornication  before  marriage, 
were  ordered  to  be  whipped  unless  they  paid  a  fine. 

In  answer  to  a  petition  of  James  Burnam,  court  appointed 
Simon  Stace,  Thomas  Lovell  and  Edward  Bragg  to  make  a 
division  between  said  Burnam  and  Mr.  Samuell  Rogers  of 
that  island  of  upland  and  marsh  which  was  sometime  Edward 
Chapman's,  that  each  man  may  know  his  own. 

William  Fanning,  for  very  great  offences,  was  ordered  to 
be  severely  whipped  or  pay  a  fine. 

John  Baker,  presented  for  great  offences  in  threatening 
children  and  others  that  he  would  kill  them,  and  other  oppro- 
brious speeches  and  bad  language,  was  committed  to  prison 
for  one  week,  and  was  to  remain  until  his  fine  of  41i,  was  paid. 
He  was  also  bound  to  good  behavior.* 

Upon  complaint  of  Simon  Stace  and  Joseph  Quilter  against 
Frances  Quilter,  Thomas  Lovell,  Dorithy  Woodman  and 
Ann  Pegy,  court  admonished  and  fined  them.f 

Linen,  2s.;  one  Handkercher,  thread  &  macking  cloath,  7s.; 
ten  Pound  of  suger  &  too  Pound  of  Buter,  6s.  6d.;  halfe  a 
Pound  of  hony  &  on  quart  of  wine,  Is.  9d.;  three  gallons  of 
beere  &  halfe  a  bushell  of  wheat,  4s.  6d.;  halfe  a  bushell  of 
ry,  2s.;   total,  41i.  5s.  2d. 

John  Bachelour's  account  of  what  he  had  expended  for 
Heneri  Batcheler:  too  dais  while  he  was  seke,  4s.;  one  dai  in 
preparing  for  his  burial,  2s.  6d.;  one  dai  spent  about  the 
prizing  the  estat,  2s.;  makin  her  waskoat,  2s.  6d.;  one  dai 
bringing  the  shep  to  John  Warner's,  2s.;  one  dai  in  bringing 
the  corne  to  John  Warner  with  mi  horse,  3s.;  one  dai  miself 
and  son  in  bringin  the  shep,  from  John  Warner's  to  mi  house 
4s.  9d.;  half  a  dai  in  caring  things  to  her  at  Mr.  Tredwel's, 
Is.  3d.;  3  dais  and  a  half  mi  self  and  mi  son  to  brin  the  catel 
awai,  10s.  9d.;  too  pounds  of  hopts,  Is.  6d.;  too  pound  of 
buter,  Is.;  thre  pound  of  seuger.  Is.  5d.;  one  groat  lost,  4d.; 
for  keping  ten  shep  8  weks,  Hi.;  for  keping  a  kowe  3  weks,  3s. 

*Presented  for  speaking  opprobrious  words  to  Mrs.  Mary 
Hubbard.  Wit:  Thomas  Knowlton,  jr.,  Lydia  Burnum  and 
Abigail  Whiler. 

fSimon  StaceJ  and  Joseph  Quilter|  certified  that  Frances 
Quilter,  relict  of  Marke  Quilter,  carried  into  the  General 
Court  at  Boston  last  May  a  petition  containing  false  state- 
ments by  Thomas  Lovell,  sr.,  Dorothy  Woodman  and  Ann 
Pegy. 

I  Autograph. 


1679]  RECORDS    AND    FILES  267 

Marke  Quilter's  inventory  given  into  court  by  Joseph  Quilter 
was  3871i.  15s.  9d.,  according  to  Robert  Lord,*  cleric. 

Copy  of  papers  in  an  action  tried  in  Ipswich  court,  Nov.  6^ 
1678,  made  by  Robert  Lord,*  cleric: 

Dorothy  Woodman,  aged  forty-three  years,  deposed  that 
being  several  times  with  her  brother-in-law  Marke  Quilter 
in  his  sickness,  both  his  wife  and  deponent  wished  him  to 
make  his  will  while  he  was  able,  but  he  would  not.  He  was 
a  dying  man  for  three  or  four  days  before  his  decease,  and 
that  morning  he  called  for  his  brother  Joseph  and  said  he 
wished  to  buy  a  bushel  of  apples.  He  also  asked  for  Good- 
man Warner  and  Goodman  Stace,  and  his  wife  asked  him 
which  of  the  Warners.  He  said  he  "could  not  tell,  she  sayd 
to  him  againe  doe  you  not  mistake  you''self  doe  you  not  meane 
Goodman  Lumocks  that  prayed  w»h  you  last  night  he  sayd 
I  I  so  Joseph  and  they  were  sent  for  and  they  Came  and  when 
Joseph  came  he  bid  him  fetch  his  money  and  Joseph  Asked 
him  where  is  it  Joseph  went  out  in  to  the  barne  and  when  he 
came  back  Againe  he  told  him  he  could  not  finde  it  he  said  to 
his  Brother  goe  goe  It  is  there  where  I  told  you  you  cannot 
misse  of  it  for  your  life  and  Joseph  said  he  found  it  and  went 
away  and  Came  no  more  to  him,  Goodman  Lumocks  &  Good- 
man Stace  were  there  while  Joseph  was  looking  for  the  money, 
and  he  declared  to  them  how  he  would  make  his  will  and  the 
morning  after  he  dyed  Goodman  Lumocks  came  to  my  sister 
and  I:  and  told  us  what  his  will  was  how  that  he  had  given 
his  wife  halfe  the  stock  and  halfe  this  yeares  Crop  and  all  the 
movveables  and  the  house  and  land  during  hir  life  and  hir 
portion  to  be  at  hir  dispose  and  they  asked  him  who  should 
have  the  house  and  land  after  his  wife's  decease  he  told  them 
he  would  leave  it  in  their  hands  to  dispose  of  it  to  those  of 
his  owne  relations  that  they  saw  had  most  need  of  it  then 
they  Asked  him  what  Joseph  should  have  to  pay  the  legaties 
with  he  said  Joseph  should  have  his  chest  and  wearing  Appar- 
rell  and  two  or  three  bills  that  would  be  worth  three  score 
pounds  that  would  be  enough  for  Joseph  and  my  sister  said 
she  wondered  that  he  gave  the  child  no  more  that  he  had 
brought  up.  Goodman  Lumocks  said  Alass  he  was  to  faint 
&  weake  that  they  could  not  understand  one  word  of  many 
that  he  spake  he  could  not  utter  his  words  and  they  were  to 
come  in  the  afternoone  to  finish  his  will.  Goodman  Lumocks 
said  he  was  not  sattisfied  he  thought  he  had  not  done  enough 
for  his  wife  and  he  thought  to  have  talked  with  him  againe 
about  it  but  he  died  that  day  about  noone  before  they  came 
to  finish  the  will."  When  the  will  was  given  in  to  court  her 
sister  understood  that  the  chest,  etc.  were  not  mentioned  to 
be  given  to  Joseph  and  so  claimed  them  for  herself,  where- 

*  Autograph. 


268  IPSWICH    QUARTERLY   COURT  [Sept. 

upon  the  Major  advised  her  to  settle  with  Joseph  because  it 
was  a  nuncupative  will  and  it  would  be  for  her  interest  to  do 
so.  Sworn,  May  22,  1679,  before  Jo.  Woodbridge,  com- 
missioner.    Copy  made  by  Edward  Rawson,*  secretary. 

Thomas  Lovell  deposed  that  Quilter  died  on  the  second 
day  of  the  week  and  was  buried  on  the  third;  on  the  fourth 
day  Joseph  Quilter  made  the  inventory,  the  fifth  day  Symon 
Stace  wrote  the  will  and  proved  it  unbeknown  to  the  widow; 
and  Joseph  was  so  hasty  about  it  that  Symon  had  hardly  time 
to  write  it.  Further  that  Quilter  was  so  weak  that  he  could 
hardly  speak  when  they  were  called.  After  Quilter's  death, 
Lumocks,  Stace  and  Quilter  went  to  her  house  with  a  bond 
and  the  widow  and  Joseph  Quilter  signed  it.  Deponent 
testified  that  the  poor  widow  was  much  wronged  by  having 
them  come  upon  her  so  suddenly,  and  by  Joseph  taking  things 
into  his  own  hands.  Sworn,  June  2,  1679,  before  Jo.  Wood- 
bridge,  commissioner.  Copy  made  by  Edw.  Rawson,*  sec- 
retary. 

Ann  Pegey  deposed  that  she  lived  with  Marke  Quilter  when 
he  was  sick,  and  Dr.  Bennet  was  there  and  said  he  would  not 
give  him  anything  for  he  would  be  dead  before  the  ebb  of  the 
next  high  water.  After  he  died  Lumocks,  Stace  and  Joseph 
Quilter  came  and  told  the  widow  that  they  had  the  Major 
General,  Capt.  Apleton  and  Capt.  Whipple  on  their  side,  and 
it  would  be  folly  for  her  to  withstand  them.  The  widow 
being  so  full  of  trouble  and  there  being  nobody  there  to  give 
her  advice  signed  a  paper  that  she  did  not  understand.  Sworn, 
June  2,  1679,  before  Jo.  Woodbridge,  commissioner.  Copy 
made  by  Edw.  Rawson,*  secretary. 

Copy  of  Frances  Quilter's  petition,  May  28,  1679,  to  the 
General  Court,  made  by  Robert  Lord,*  cleric. 

Mary  Shaffel,  aged  about  forty-six  years,  deposed  that  she 
went  to  Marke  Quilter's  house  the  day  he  died  about  the 
time  the  foot  company  went  into  the  field  in  the  forenoon  and 
tarried  until  he  died  which  was  about  one  hour  before  sunset. 
Joseph  had  gone  to  Mr.  Rogers'  but  was  with  him  when  he 
died.     Sworn,  Sept.  25,  1679,  before  Daniel  Denison.* 

Simon  Stace,  aged  about  forty-two  years,  and  Joseph  Quilter, 
aged  about  thirty  years,  deposed.     Sworn  in  court. 

John  Edwards,  aged  about  fifty  years,  deposed  that  he  was 
with  Goodman  Quilter  the  morning  before  he  died,  etc.  Sworn, 
Sept.  24,  1679,  before  Daniel  Denison.* 

Thamar  Quilter,  aged  about  sixtj^-seven  years,  deposed 
that  she  was  mother-in-law  to  said  Marke  and  a  short  time 
before  he  married  Frances  Swan,  he  came  home  disappointed 
that  he  had  not  received  more  from  her  father  in  prospect  of 
their  marriage.     So   deponent  went  to  said   Swan  to   desire 

*  Autograph. 


167PlVj  RECORDS    AND    FILES  269 

something  of  him  for  the  young  beginners.  He  answered 
that  he  had  been  advised  to  keep  his  estate  in  his  own  hands 
as  long  as  he  lived,  and  as  they  were  young  and  lusty,  they 
could  work  to  get  themselves  necessaries.  Deponent's  son 
told  her  that  he  had  to  buy  her  convenient  things  to  marry  in, 
for  her  father  refused  to  buy  her  anything.  She  was  married 
in  very  mean  clothes,  and  as  an  excuse  for  not  giving  her 
more.  Swan  said  that  Marke  had  already  considerable  to 
begin  the  world  with.  Sworn,  Sept.  25,  1679,  before  Daniel 
Denison.* 

Thomas  Wilson,  aged  about  forty-five  years,  deposed  that 
he  came  to  his  sister  Frances  Quilter's  house,  and  his  sister 
asked  him  to  go  to  the  court  and  get  Daniell  Wicom,  but 
when  he  reached  there  it  was  too  late  for  the  will  was  proved. 
Sworn,  2:8:  1679,  before  Wm.  Hathorne,*  assistant. 

Margaret  Lambord,  aged  about  forty  years,  deposed  that 
Marke  Quilter  wintered  a  cow  for  her  about  nine  or  ten  years 
ago,  and  going  there  to  milk  her,  Goodman  Quilter  being 
away,  she  saw  Goodwife  Seathell  and  her  children  threshing 
out  his  corn.  They  carried  away  three  or  four  bushels  at  a 
time  in  sacks,  and  someone  was  watching  to  see  if  he  came 
home.     Sworn,  July  12,  1679,  before  Daniel  Denison.* 

Caleb  Kimball,  aged  about  forty  years,  deposed  that  dwell- 
ing next  door  to  Marke  Quilter,  he  saw  Goodwife  Quilter  and 
some  of  the  Scathwells  beat  out  corn,  burn  the  cobs,  etc. 
It  was  well  known  to  all  who  lived  near  Quilter  that  he  provided 
well  for  his  family  and  kept  as  good  a  house  as  most  nien,  and 
he  told  deponent  that  he  had  but  one  cow  with  his  wife  for  a 
marriage  portion.     Sworn  in  court. 

John  Browne,  aged  about  forty-two  years,  deposed  that  he 
watched  with  Marke  Quilter  the  night  before  he  died  and  he 
seemed  as  rational  as  ever,  etc.  Sworn,  Sept.  28,  1679,  before 
Daniel  Denison.* 

Edward  Lumis  and  Simon  Stace  deposed.  Sworn,  July  1, 
1679,  before  Daniel  Denison.* 

John  Wattson,  aged  about  thirty-five  years,  deposed  that 
the  widow  told  him  that  her  husband  had  given  his  brother 
Joseph  money  that  was  hidden  in  the  thatch  of  the  barn  and 
the  thatch  of  the  house.     Sworn  in  court. 

Abigail  Leeds,  widow,  aged  thirty-five  years,  deposed  that 
dwelling  in  the  house  of  Marke  Quilter  a  year  in  1671  or  72, 
and  being  their  next  neighbor  six  years,  she  never  saw  them 
want  for  meal,  malt  or  meat.  Deponent  had  had  meal  and 
meat  of  her  for  work  she  did  for  her,  several  bushels  of  corn  for 
spinning  and  for  sugar  and  spice  which  her  husband  was  not  in- 
clined to  buy.     Sworn,  July  12,  1679,  before  Daniel  Denison.* 

Philip  Fowler,  aged  about  thirty-two  years,  deposed  that 

*  Autograph. 


270  IPSWICH    QUAKTERLY    COURT  [^~^ept. 

Erasmus  James  had  his  Ucense  renewed  for  a  year  to  sell 
out  of  doors. 

There  being  a  bond  of  lOli.  of  Henry  Short's  returned  from 
Salem  court  for  the  appearance  of  Joseph  Mayo  at  this  court, 
and  it  being  said  that  Mayo  was  at  sea,  court  ordered  that  the 
bond  be  again  returned  to  Salem  court. 

Reckoned  with  the  Treasurer,  Sept.  29,  1679,  and  the 
county  is  indebted  551i.  2s.  9d. 

Given  to  the  house,  8s. 

Whereas  John  Wright,  late  of  Nubur}'-,  deceased,  died  at  sea 
intestate,  and  administration  having  been  granted  to  Edward 
Bragg,  who  brought  in  an  inventory  of  401i.,  201i.  of  which  had 
been  used  to  pay  debts,  and  John  Wright,  son  of  deceased,  now 
appearing,  and  demanding  the  estate,  court  ordered  that  said 
Bragg  be  discharged  and  said  Wright  be  appointed  adminis- 
trator. 

he  was  in  the  court  chamber  when  the  will  was  proved,  etc. 
Sworn,  Sept.  25,  1679,  before  Daniel  Denison.f 

Samuel  Smith,  aged  twentj^-eight  years,  deposed  that  he 
had  lived  near  Mark  Quilter  for  twenty  years,  and  they  had 
as  good  living  as  in  any  house  of  their  rank  and  the  woman 
was  always  well  clothed.     Sworn  in  court. 

Robert  Lord,  marshal,  aged  about  forty-seven  years,  de- 
posed.    Sworn,  Sept.  25,  1679,  before  Daniel  Denison.f 

Goodwife  Bosworth,  aged  about  sixty  years,  deposed  that 
she  was  present  when  Quilter  died,  etc.  Sworn,  Sept.  25, 
1679,  before  Daniel  Denison.f 

Aron  Pengre,  aged  about  twenty-six  j^ears,  deposed  that  he 
watched  with  Quilter,  etc.  Sworn,  Sept.  24,  1679,  before 
Daniel  Denison.f 

John  Dane,  sr.,f  aged  sixty-six  j^ears,  testified  on  June  4, 
1679,  that  he  was  frequently  at  Quilter's  house  for  twelve 
weeks  curing  his  "shot  leg."  They  had  plenty  of  good  food, 
beer  and  cider  and  deponent  ''lookt  one  him  singler  aboue 
many  and  thought  because  he  had  but  a  letle  fameley  he 
loued  to  spend  it  one  thare  carkises."  Sworn,  Sept.  25,  1679, 
before  Daniel  Denison.f 

Nathaniell  Chapman,  aged  about  twenty-six  years,  deposed 
that  he  lived  with  Quilter  four  months,  and  he  went  to  the 
door  to  see  him,  but  deponent's  mother  met  him  at  the  door 
and  told  him  that  Quilter  was  dying.     Sworn  in  court. 

*Copy  of  inventoryj  of  John  Wright's  estate,  made  Jan.  2, 
1673,  by  Robert  Lord,f  cleric. 

f  Autograph.  t  Original  on  file  in  the  Registry  of  Probate. 


1''679]  RECORDS    AND    FILES  271 

Record  of  administration  of  estate  of  John  Wright  of 
Newbury,  30  :  10  :  1658.  Copy  made  Nov.  23,  1673,  by 
Robert  Lord,*  cleric. 

Edward  Bragg*  and  Robert  (his  mark)  Starkwether,  both 
of  Epswedg,  acknowledged  judgment,  Apr.  7,  1674,  to  David 
Richards  of  Roxbry,  of  141i.  14s.,  part  in  pork,  to  be  delivered 
at  the  water  side  at  Boston  to  William  Park  of  Roxbry,  Wit: 
William  Parke,*  Isaac  Johnson*  and  Robert  Pepper.*  David 
(his  mark)  Richards'  receipt  to  Robert  Starkwether  and 
Robert  Pepper.  William  Park's*  receipt,  dated  June  17,  1675, 
to  John  Writ  of  Boston  on  account  of  Edward  Bradg. 

Fines  brought  into  court  sitting  at  Ipswich,  Sept.  30,  1679, 
by  Jo.  Woodbridge,*  commissioner:  Wm.  Mora;  Wm.  Dam- 
ford,  for  drinking  and  striking;  Mr.  Wm.  Longfellow,  for 
figh  ting. 

Petition  of  William  Benit,  Thomas  West  and  Samuell 
Leach,  selectmen  of  Manchester,  Sept.  29,  1679,  to  Ipswich 
court:  that  Thomas  Chick,  with  his  wife  and  three  children, 
had  come  into  town  to  settle,  "but  wee  findeing  him  to  be  in  a 
poare  condision  not  haueing  wherewith  to  suply  the  present 
nesesity  of  himselfe  and  his  family  neither  for  food  nor  Raiment 
and  therefore  wee  canot  see  but  in  al  probabillity  if  the  s*^ 
Chick  shood  setell  in  our  town  he  will  quickly  be  chargable 
to  us  and  wee  our  selvs  being  unable  to  contribute  to  such  a 
condision  in  regard  of  our  own  inabiliti  and  the  smallnes  of 
our  town  and  acomadations  wee  therefore  according  to  law 
for  the  prevention  of  such  charge  coming  upon  us  haue  in- 
deauered  to  remoue  the  s"^  chick  by  glueing  him  due  notic  and 
leagall  warning  to  remoue  out  of  our  town  and  other  wise  to 
provide  for  himselfe  but  the  s^  Chick  haue  refused  to  take 
any  notic  of  such  warning  saying  he  will  not  troble  himselfe 
to  remoue  out  of  the  s^  town."  He  had  often  affirmed  that 
he  had  three  acres  of  land  at  Netchuwauick  or  thereabouts 
besides  some  other  considerable  estate  in  his  father-in-law's 
hands. 

Court  ordered  that  said  Chick  be  sent  to  New  Chewauake, 
and  they  at  that  place  were  ordered  to  receive  him. 

List  of  presentments,  dated  Oct.  1,  1679,  signed  by  Moses 
Pengry,  sr.,*  in  the  name  of  the  grand  jury: 

John  Sandy  and  Elizabeth  Peters,  for  marrying,  without 
being  published,  on  Nov.  25,  1678,  but  one  day  before  he  was 
to  be  married  to  Mary  Starkwether  to  whom  he  had  been 
legally  published. 

John  Sandy,  for  breach  of  the  peace  in  striking  John  Gamage 
with  a  stick  in  the  street  and  causing  a  great  tumult.  Wit: 
John  Gamage,  Thomas  Lull,  jr.,  and  Mary  Buckly. 

Quartermaster  Perkins,  for  disorder  in  his  house  at  night, 

*  Autograph. 


272  salisbury  quarterly  court  [no  at. 

Court  held  at  Salisbury,  No\.  11,  1679. 

The  Worshipful  Nathll.  Saltonstall,  Esq.,  president;  Major 
Robt.  Pike,  Capt.  Tho.  Bradbury,  Mr.  Samll.  Dalton  and 
Capt.  Jno.  Gillman,  associates. 

Grand  jury:  Abraham  Perkins,  foreman,  Phillip  Challis, 
Theophilus  Dudley,  Jno.  Dickkison,  sr.,  Samll.  Felloes,  sr., 
Joseph  French,  sr.,  Nathll.  Brown,  Andrew  Grele,  Steven 
Dow,  Anthony  Stanian,  Anthony  Tayler  and  Tho.  Lovit. 

Jury  of  trials:  Henry  Roby,  foreman,  William  Osgood,  sr., 
Samuell  Foot,  Byly  Dudly,  Edward  Gillman,  John  Eaton,  sr., 
Richard  Hubbard,  William  Allen,  jr.,  James  Davis,  Henry 
Kinsbery,  John  Redman,  sr.,  and  Benjamin  Fifeild.  John 
Weed,  sr.,  and  James  Carr,  in  Haverhill  case  against  Swan. 

Major  Robert  Pike  v.  Mr.  William  Hooke.  Trespass. 
For  coming  upon  said  Pike's  meadow,  called  Hoghouse  mead- 
ow near  the  hoghouse  some  time  in  Sept.,  1678,  by  interrupt- 
ing and  disturbing  Pike's  mowers  in  a  violent  way,  claiming 
the  meadow  as  his  own.  Verdict  for  plaintiff.  Appealed  to 
the  next  Court  of  Assistants.  Mr.  Hooke,  Phillip  Grele  and 
Robert  Downer  bound. 

Isaac  Green  appealed  from  a  judgment  of  Mr.  Samll.  Dalton 
on  July  9,  1679  in  an  action  brought  by  him  against  Isaac 
Perkins  about  hunting  and  frightening  a  swine. 

Isaac  Greene  appealed  from  a  judgment  of  Mr.  Samll. 
Dalton  on  July  9,  1679,  about  telling  two  lies.  The  jury 
found  that  he  did  tell  a  lie  and  for  the  heinousness  of  it,  they 
left  it  to  the  judgment  of  the  court.     Court  being  convinced 

caused  by  strange  men  walking  and  talking  and  two  maids 
supposed  to  be  Phebe  Newmarch  and  Susanah  Hill  of  Ipswich. 
Wit:  John  Gamage,  John  Shatswell,  Jonathan  Lumas  and 
Aron  Pengry,  jr. 

Roger  Darby  and  his  wife,  for  totally  exempting  themselves 
from  the  public  ordinances. 

Mr.  John  Woodbridg,  for  celebrating  marriage  between 
John  Sandy  and  Elizabeth  Peeters,  who  were  not  legally  pub- 
lished. Wit:  Symond  Tuttell,  Andrew  Peeters  and  Nathan- 
iell  Chapman. 

John  Atkinson  affirmed  that  he  was  present  when  Mr. 
Woodbridge  married  them  and  the  latter  asked  if  they  were 
published  according  to  law,  and  Simon  Tuttle  and  others  said 
they  were.     Sworn  in  court. 


1S79]  RECORDS    AND    FILES  273 

that  he  might  be  surprised  with  fear  of  being  drawn  in  to 
speak  to  his  own  disadvantage,  and  not  judging  his  words  to 
be  pernicious  or  willful,  ordered  that  he  be  admonished  and 
pay  costs. 

Mr.   Wm.   Hooke  v.   Major  Robert  Pike.     Trespass.     For 

From  Samuel  Dalton's  Commissioners  Records.     See  ante,  vol.  5,  p.  235. 

On  June  28,  1679,  Nathaniel  Ware  v.  Steven  Flanders,  jr.,  Phillip  Flanders 
and  John  Flanders;  for  steahng  1,100  red  oak  hogshead  staves  out  of  his 
pasture  in  Hampton  bounds,  on  June  18,  1679;  judgment  for  plaintiff,  he  to 
enjoy  his  staves  which  were  seized  by  the  constable  of  SaUsbury  at  the  land- 
ing place  by  Mr.  Mudgett's  ship,  and  said  Steven  was  admonished  for  joining 
with  his  brothers  and  the  others  were  fined. 

On  July  9,  1679,  Isaac  Perkins  v.  Isaac  Green;  trespass;  for  his  dog 
hunting  and  fearing  a  swine  so  that  it  never  retiu-ned  home  again;  judgment 
for  plaintiff.     Appealed  to  the  next  County  Court  at  Hampton. 

On  July  9,  1679,  Jacob  Perkins  complained  against  Isaac  Greene  for  lying 
at  the  hearing,  and  court  foimd  him  guilty  of  deceit  in  taking  money  for  a 
cow  or  calf,  which  he  owned  to  Ebeneazor  Perkins  and  Joseph  Perkins  on 
May  21,  and  on  the  following  day  denied  before  Thomas  Philbrick,  Edward 
Gove  and  Joseph  Dow  that  he  received  any  money.  Said  Greene  was  fined 
and  he  appealed  to  the  next  Hampton  court.  Court  appointed  Sergt.  Tho. 
Philbrick  to  appear  for  the  county. 

On  Aug.  4,  1679,  Nicolas  Morriell  and  Margritt  Langdon,  both  of  Ports- 
mouth, were  married. 

On  Aug.  5,  1679,  Thomas  Thurton  and  David  Wedgwood,  being  accused  of 
quarrelling  and  fighting,  were  fined. 

On  14  :  6  :  1679,  Samuel  Rand  and  Mary  Walton,  both  of  Portsmouth, 
were  married. 

On  26  :  7  :  1679,  Robert  Hinkson  and  Sarah  Bruster,  both  of  Portsmouth, 
were  married. 

Thomas  Eaton  of  SaKsbury  and  Hannah  Hubbard  were  married  on  14  : 
9  :  1679. 

Samuell  Gatchel,  jr.,  and  Ehzabeth  Jones  of  Amesbury  were  married  on 
27  :  9  :  1679. 

On  24  :  9  :  1679,  Thomas  Dearborn  was  sworn  constable  of  Hampton. 

On  Mar.  10,  1679-80,  Thomas  Clough  and  Hannah  Guile,  both  of  SaUsbury, 
were  married. 

On  Mar.  15,  1679-80,  Israeli  CUfford  and  Ann  Smith,  both  of  Hampton, 
were  married. 

On  ]\.Iay  24,  1680,  David  Robinson  and  Sarah  Taylor,  both  of  Exeter,  were 
married. 

On  June  21,  1680,  WiUiam  Lane  of  Boston  and  Sarah  Webster  of  Hampton 
were  married. 

On  21  : 5  :  1680,  Richard  Long  and  Anna  French,  both  of  Salisbury,  were 
married. 

On  27  :  6  :  1680,  Richard  Pearce  of  Boston  and  Sarah  Cotton  of  Hampton 
were  married. 

On  22  :  9  :  1680,  WilUam  Fuller,  jr.,  and  Susanna  Buswel,  both  of  Hamp- 
ton, were  married. 

On  30  :  9  :  1680,  John  Foulsham,  jr.  v.  Hannah  Foulsham,  wife  of  Nathan- 
iel; for  slanderously  reporting  Abigaill,  wife  of  John  Folsham,  jr.;  judgment 
that  Hanah  should  pubUsh  or  publicly  own  this  acknowledgment,  "that 
I  hanna  folsham  have  accused  my  sister  Abigail  Folsham,  for  steahng  meatt 
and  other  things  from  mee  and  ten  shiUings  in  Monie  from  peter  folsham. 
I  Doe  now  owne  y*  I  have  Done  her  wrong  and  am  heartily  sorrie  for  itt  and 
shall  labour  to  make  satisfaction."  John  Folsham,  jr.,  was  allowed  costs 
for  going  to  Hingham  for  evidence,  etc. 


274  SALISBURY    QUARTERLY    COURT  [No  7. 

coming  upon  his  land,  pulling  up  his  fence,  mowing  his  mead- 
ow and  disturbing  him  in  a  violent  way,  claiming  the  meadow 
to  be  his.     Withdrawn. 

Leift.  George  Brown  and  Daniell  Ela,  attorney  to  the  town 
of  Haverhill  v.  Robert  Swan.  For  enclosing  a  town  highway 
on  the  northward  of  his  now  dwelling  house,  four  rods  broad, 
commonly  called  Bartholomew  Heath's  way,  running  from 
Henry  Palmer's  on  the  northward  of  the  lots  to  the  west  bridge, 
thereby  hindering  the  town  from  the  use  of  it.  Verdict  for 
plaintiff.  Appealed  to  the  next  Court  of  Assistants.  Robert 
Swan  of  Haverhill  bound,  with  Tho.  Johnson  of  Andover  as 
surety. 

Danll.  Ela  v.  Jno.  Griffyn.  Debt.  In  hops  and  neat 
cattle.     Withdrawn. 

Danll.  Ela  v.  Samll.  Watts.  Non-payment  of  5li.  With- 
drawn. 

Danll.  Ela  v.  Danll.  Preston.  Review  of  a  case  tried  in 
Hampton  court  in  1674.  For  taking  away  two  thousand  feet 
of  deal  board  at  the  landing  place  at  Haverhill,  called  Jno. 
Haseltine's.     Verdict  for  defendant. 

Nehemiah  Partridg,  in  an  appeal  from  a  judgment  of  Mr. 
Samll.  Dalton  on  Aug.  26,  1679,  in  which  he  was  defendant 
and  Jno.  Redman,  jr.,  plaintiff,  about  wintering  a  horse. 
Verdict  for  plaintiff,  the  reversion  of  the  former  judgment. 
Appealed  to  the  next  Court  of  Assistants.  John  Redman, 
jr.,  and  his  father  John  Redman  bound. 

Tho.  Fowler  v.  Jno.  Weed,  in  behalf  of  the  town  of  Amsbery. 
For  withholding  several  portions  of  land  in  the  common 
divisions  of  land  laid  out  to  the  inhabitants  of  Salisbury  new 
town,  now  called  Amsbery,  since  a  meeting  of  the  town  on 
10  :  10  :  1660,  at  which  meeting  there  was  granted  to  Joseph 
Peasly,  sr.,  a  township  for  his  son,  which  township  said  Fowler 
bought  of  Peasly's  son,  Joseph  Peasly,  by  deed.     Withdrawn. 

Samll.  Felloes,  jr.  v.  Abraham  Brown.  Review  of  a  case 
tried  at  Salisbury  court  in  1679  concerning  breach  of  a  bond 
of  arbitration,  Jno.  Clough  and  Ephraim  Winsly  being  arbi- 
trators. Verdict  for  defendant.  Appealed  to  the  next  Court 
of  Assistants. 

Joseph  Peasly,  assignee  of  Peter  Green  v.  Charles  Runlett. 
Debt.     For  3,000  feet  of  white  pine  boards  to  be  delivered  at 


1679]  RECORDS    AND    PILES  275 

a  convenient  landing  place  at  Exiter  river.     Verdict  for  plain- 
tiff. 

Danll.  Tilton  v.  Mr.  Jno.  Groth.  Debt.  In  pine  boards, 
hogshead  or  barrel  staves.  Defendant  acknowledged  judg- 
ment to  plaintiff. 

Isaac  Morrill  v.  Mr.  Jno.  Groth.  Debt.  Defendant  ac- 
knowledged judgment  to  plaintiff. 

Robert  Downer  v.  John  Hendrick.  Review  of  a  case  tried 
at  Hampton  court  on  Oct.  9,  1677,  for  not  paying  31i.  for  work 
done  for  him  three  or  four  years  since  when  he  was  framing 
or  building  a  house  for  Hugh  Marsh.     Verdict  for  plaintiff. 

Robt.  Downer  v.  Mr.  Stockman.  For  withholding  a  debt 
of  7li.  due  for  building  a  barn.     Withdrawn. 

Robert  Downer  v.  Mr.  Stockman.  For  not  satisfying  him 
for  work  done  in  1678,  felling  timber,  hewing  and  framing  the 
same,  and  setting  up  a  house  or  room  for  him  adjoining  his 
former  dwelling  house  about  25  feet  in  length  and  20  feet  in 
breadth,  with  other  finishing  work  done  to  said  room  or  house 
or  cellar  under  it,  also  for  cutting  passages  from  one  room  to 
another.     Withdrawn. 

Robt.  Downer  v.  Mr.  Stockman.  Battery.  For  striking 
him  several  blows  at  his  own  house,  to  the  danger  of  the  loss 
of  one  of  his  ej-es,  railing  against  him  and  challenging  him  out 
of  his  house,  both  in  loss  of  time  and  suffering  great  pains. 
Withdrawn. 

Mrs.  Sarah  Stockman,  attorney  to  her  husband,  Mr.  Jno. 
Stockman  v.  Robt.  Downer.  For  not  performing  a  covenant 
about  building  and  finishing  a  barn.    Two  actions.    Withdrawn. 

Capt.  Tho.  Bradbury  v.  Jno.  AUin.  For  withholding  a 
debt  due  upon  bond.     Verdict  for  plaintiff. 

William  Hasket  v.  Nicolas  Page  of  Boston,  merchant.  For 
withholding  pay  due  for  about  eighteen  weeks'  work  in  rigging 
and  attending  about  a  ship  of  his  which  was  built  at  Haverhill 
last  year,  and  about  six  weeks'  work  done  for  him  by  his  son, 
at  the  rate  of  16s.  per  week  for  himself  and  five  shillings  per 
week  for  his  son.     Withdrawn. 

Samll.  Levitt  v.  Jno.  Clark.  For  withholding  a  debt  due 
plaintiff  for  a  fat  ox  sold  to  him  about  two  years  ago  for  71i. 
5s.  in  boards  or  staves.     Verdict  for  plaintiff. 

James  Smith  v.  Moses  Gillman.  For  not  delivering  7,000 
feet  of  pine  boards  at  Exiter.     Withdrawn. 


276  SALISBURY    QUARTERLY    COURT  [NoV. 

John  Allin  v.  Richard  Currier.  For  withholding  a  debt 
due  him  in  white  oak  plank.     Verdict  for  plaintiff. 

Leift.  Ralph  Hall  v.  Steven  Cross.  For  not  paying  20 
bushels  of  Indian  corn  due  for  not  bringing  a  true  copy  of  a 
discharge  of  20  bushels  of  Indian  corn  from  Capt.  Walter 
Barefoot,  which  corn  was  in  controversy  between  Hall  and 
Mr.  Andrew  Peters  of  Ipswich.     Verdict  for  plaintiff. 

Jno.  Severans  v.  Edward  Smith.  Debt.  For  entertainment 
at  his  house  in  1677  and  78.  Special  verdict.  If  the  debtor's 
name  be  to  the  creditor's  book  and  the  creditor's  oath  to  his 
book,  and  if  the  law  about  accounts  judges  this  to  be  legal 
evidence,  they  found  for  plaintiff;  if  not,  for  defendant. 
Court  gave  judgment  for  plaintiff. 

Major  Pike  v.  Edward  Gove.  Trespass.  For  coming  upon 
his  land  near  Mr.  Wm.  Hook's,  and,  as  Mr.  Hook's  attorney, 
as  he  called  himself,  challenging  the  land  and  avowing  that 
the  sheep  thereupon  were  his  sheep,  etc.,  also  disparaging 
Pike's  title  to  the  land  and  further  fomenting  differences, 
which  trespass  was  done  on  the  north  side  of  Mr.  Hook's 
fence,  as  it  then  stood.     Withdrawn. 

Phillip  Grele  v.  Moses  Gillman.  For  withholding  a  debt 
of  four  thousand  pine  boards  which  were  to  have  been  deliv- 
ered to  plaintiff,  to  satisfy  a  debt  to  Willi.  Bradbury.  Verdict 
for  plaintiff. 

Ephraim  Fulsham  v.  Robert  Cross.  For  telling  a  pernicious 
lie,  saying  that  he  went  away  dead  freight,  when  he  demanded 
a  parcel  of  boards  on  account  of  Mr.  Wm.  Simonds.    Nonsuited. 

Phillip  Greele,  assignee  of  Mr.  Anthoney  Cheekley  v. 
Nicolas  Page.  Debt.  Due  upon  forfeiture  of  a  bond.  Ver- 
dict for  plaintiff.  Appealed  to  the  next  Court  of  Assistants. 
Danll.  Ela  of  Haverhill  and  Capt.  Nicholas  Page  bound. 

Jno.  Redman,  attorney  to  Mr.  Seaborn  Cotton  v.  Edward 
Colcord,  administrator  of  the  estate  of  Edward  Colcord,  jr., 
late  of  Hampton.  For  not  paying  Mr.  Cotton  for  a  horse 
which  Edward,  jr.,  had  of  him  some  years  since  and  was  to 
return  upon  demand  or  five  pounds,  the  value  of  the  horse. 
Withdrawn. 

Jno.  Redman,  assignee  of  Mr.  Seaborn  Cotton  v.  Edward 
Colcord.  Debt.  For  not  paying  a  bond  to  Major  Nicholas 
Shapleigh.     Withdrawn. 


1679]  RECORDS    AND    FILES  277 

Edward  Colcord  acknowledged  judgment  to  John  Redman, 
ST.,  as  assignee  of  the  Rev.  Mr.  Seaborne  Cotton. 

Edward  Colcord,  as  administrator  of  the  estate  of  his  son 
Edward  Colcord,  acknowledged  judgment  to  Capt.  John 
Gillman. 

James  Smith  acknowledged  judgment  to  Saml.  Watts  of 
Haverhill,  to  be  paid  in  pine  boards  to  be  delivered  at  Exiter. 

Mr.  Andrew  Wiggins'  license  granted  at  the  last  Hampton 
court  was  renewed. 

Charles  Runlet  acknowledged  judgment  to  Joseph  Fletcher. 

Upon  request  of  Mary  Davis,  rehct  of  Ephraim  Davis,  late 
of  Haverhill,  deceased,  and  Tho.  Johnson,  her  brother,  ad- 
ministration of  the  estate  of  said  Davis  was  granted  to  them 
and  they  were  ordered  to  bring  in  an  inventory  to  the  next 
county  court.     Mary  Davis  and  Tho.  Johnson  bound. 

Samll.  Sherborn's  license  to  keep  ordinary  at  Hampton  was 
renewed. 

John  Page's  license  to  keep  ordinary  at  Haverhill  was  re- 
newed. 

It  being  moved  that  a  settlement  and  division  be  made  of 
the  estate  of  James  Davis,  sr.,  of  Haverhill,  deceased,  his  will 
being  produced  in  court,  the  administrator  was  ordered  to 
settle  it  according  to  the  legacies  therein  expressed. 

Court  ordered  Mrs.  Abigail  Wheeler  to  take  up  the  debts 
due  to  Clement  Jarmin,  late  of  Salisbury,  deceased,  and  pay 
the  charges  of  his  burial,  and  if  there  be  anything  left,  she 
was  to  present  it  to  Salisbury  court,  but  if  the  debts  due  were 
not  sufficient,  then  the  town  of  Salisbury  was  to  make  it  up. 

Charles  Runlett  was  fined  for  drunkenness. 

Robert  Swan,  with  Tho.  Johnson  of  Andover  as  surety,  was 
bound  to  prosecute  an  appeal  against  the  town  of  Haverhill. 

Daniell  Bean,  bound  to  this  court  for  filthy  carriage  toward 
Rebecah  Morgan,  wife  of  Richard  Morgan,  was  ordered  to  be 
whipped  fifteen  stripes  on  his  naked  back  or  to  be  fined.  The 
sentence  was  performed  and  James  Kid  was  discharged  of  his 
bond. 

Court  ordered  that  Major  Pike,  Mr.  Thomas  Bradbury  and 
Henry  Brown  were  allowed  and  sworn  as  commissioners  to  end 
small  causes  for  Salisbury. 

The  administrator  of  the  estate  of  WiUiam  Bradbury  was 
allowed  until  the  next  court  to  bring  in  an  inventory. 


278  SALISBURY    QUARTERLY    COURT  [NoV. 

Jno.  French  of  Salisbury  was  freed  from  training,  allowing 
3s.  per  annum  to  the  military  company. 

John  Kent  of  Newbury,  being  lately  on  a  voyage  at  sea  in 
Mr.  Richard  Dole's  ship  of  which  one  Patrick  Ewing  was  master 
and  said  Kent,  mate,  on  the  return  voyage,  said  Ewing  fell 
overboard  and  was  drowned.  Kent,  then  master,  was  appoint- 
ed administrator  of  said  Ewing's  estate,  and  ordered  to  bring 
in  an  inventory. 

William  Osgood,  jr.,  for  breach  of  the  peace  in  striking  and 
kicking  Jno.  Ring,  was  fined. 

Upon  motion  of  some  of  the  relations  of  Edward  Colcord, 
jr.,  for  a  settlement  of  his  estate,  court  ordered  that  Capt. 
John  Gillman,  Mr.  Jno.  Samborne  and  Sargent  Joseph  Dowe 
be  appointed  to  call  the  administrator  to  account  and 
return  their  examination  to  the  court.  The  estate  left  was 
to  be  divided  among  the  heirs  and  the  debts  paid. 

Court  ordered  a  county  rate  of  401i. 

Ordered  to  give  the  servants  of  the  house  and  where  Capt. 
Saltonstall  lodged,  10s. 

On  July  8,  1681,  Thomas  Eaton  acknowledged  judgment  to 
Mr.  Daniell  Davison  before  the  Worshipful  Tho.  Danforth, 
Dep.  Govr.,  and  Worshipful  Samll.  Nowell,  Esq.,  to  be  paid 
in  pipestaves  at  31i.  10s.  p  thousand  and  hogshead  staves  at 
30s.  p  M  to  be  delivered  at  the  hoghouse  landing  place  in  Salis- 
bury. 

Debts  due  from  the  estate  of  Abraham  Perkins,  jr.,  who  was 
slain  by  the  Indians  on  June  13,  1677  :  charge  in  procuring 
hay  to  keep  the  stock,  31i.;  'debt  pd  at  Pascataqua,  10s.;  to 
James  Hobbs,  5s.;  Jonathan  Wedgwood,  3s.;  six  sheep  and 
two  lambs  killed  by  the  wolves,  21i.  15s.  It  was  agreed  by 
the  administrators  and  Abraham  Perkins  and  Thomas  Sleeper, 
the  grandfathers  of  the  children  of  Abraham  Perkins,  jr., 
that  considering  the  three  children  were  young  and  were  to 
be  brought  up  with  their  mother  and  Allexander  Denham,  her 
present  husband,  who  engaged  to  bring  up  the  children  and  have 
them  taught  to  read  English,  they  were  to  have  their  por- 
tions at  age  or  marriage,  as  follows:  to  Mercy  Perkins,  201i.; 
to  Mary  Perkins,  201i.;  to  Elizabeth  Perkins,  201i.  Con- 
firmed at  Salisbury  court,  Apr.  8,  1679,  and  on  account  of 
this  agreement,  Tho.  Sleeper  was  discharged  from  his  bond. 


1679]  RECORDS    AND    FILES  279 

Execution,  dated  May  6,  1680,  against  John  Wells  of 
Haverhill,  to  satisfy  judgment  granted  Danll.  Thurston  of 
Nubery,  Apr.  8,  1679,  at  Salisbury  court,  signed  by  Tho. 
Bradbury,*  recorder,  and  served  by  Robert  Lord,*  marshal  of 
Ipswich. 

Writ:  Robert  Pike,  jr.  v.  William  Carr;  for  carting  timber 
and  plank  for  his  vessels;  dated  Apr.  10,  1679;  signed  by 
Tho.  Bradbury,*  for  the  court  and  the  town  of  Salisbury; 
and  served  by  Henry  Dow,*  marshal  of  Norfolk,  by  attach- 
ment of  a  cow,  two  barrels  of  tar,  three  chests,  one  box  and 
one  table.  Bond  of  William  Carr*  of  Salsbery.  Wit:  Henry 
Skerry,  sr.,*  and  Phillip  Fowler.* 

Execution,  dated  Dec.  3,  1679,  against  Samll.  Felloes,  jr., 
to  satisfy  judgment  granted  Abraham  Browne  of  Salisbury, 
Nov.  1,  1679,  at  Salisbury  court,  signed  by  Tho.  Bradbury,* 
recorder,  and  served  by  Henry  Dow,*  marshal  of  Norfolk. 

Ephraim  Winsley  deposed  that  he  was  desired  by  old  Good- 
man Buswell  to  go  with  him  to  hear  some  discourse  between 
Buswell  and  his  daughter-in-law  Susana  Buswell  concerning 
some  estate  of  Buswell's  that  she  challenged  as  belonging  to  her 
and  her  children,  it  being  due  to  her  husband  Isack  Buswell. 
Isack  Perkins  and  his  wife,  Samll.  Felloes  and  Joseph  Dow 
were  also  present  and  the  agreement  was  that  Isack  was  to 
take  the  two  eldest  daughters  of  Susana  Buswell,  pay  for 
their  bringing  up,  pay  all  debts  of  his  son  Isack,  pay  Susana 
201i.  and  to  the  daughters  of  Isack  Buswell  301i.  at  the  age  of 
sixteen  years.  Susana  gave  up  her  right  in  the  house  and  land 
of  Isack,  also  her  half  of  eleven  or  twelve  bushels  of  barley, 
and  she  was  to  have  the  household  stuff  of  her  husband,  two 
cows,  a  colt  and  two  swine.  This  was  done  about  July  13, 
1679.  The  wife  of  Isack  Perkins  desired  old  Goodman  Bus- 
well  to  let  Susana  stay  in  that  house  two  or  three  days  or  a 
week  until  they  could  bring  her  to  Hampton,  and  then  he 
would  take  her  to  his  house  and  she  should  not  trouble  him 
nor  his  any  more.  Sworn,  Nov.  13,  1679,  before  Nath.  Salton- 
stall,*  assistant. 

Samuell  Fellows,  aged  about  sixty-one  years,  testified  that 
Joseph  Dow  was  there  to  write  the  agreement  but  he  did  not 
write  it  as  it  was  concluded.  Deponent  was  a  witness.  Sworn, 
Nov.  11,  1679,  before  Nath.  Saltonstall,*  assistant. 

Warrant,  dated  Haverhill,  Sept.  12,  1679,  upon  information 
of  a  vessel  which  on  the  4th  was  cast  away  and  stranded  upon 
Salisbury  beach,  the  master  and  merchant  having  lost  his 
life,  and  the  inhabitants  there  having  taken  the  goods  and 
iron  work  of  the  vessel  without  the  knowledge  of  the  relations 
or  relict  of  deceased,  to  make  diligent  inquiry  for  the  names 
of  those  who  had  taken  the  estate  and  collect  all  that  was 

*  Autograph. 


280  SALISBURY    QUABTERLY    COURT  [NoV. 

possible  and  hold  it  until  his  relatives  could  be  located,  signed 
by  Nath.  Saltonstall,t  assistant,  and  served  by  Philip  Grele,t 
constable  of  Salisbury.  If  the  constable  met  with  any  just 
ground  to  suspect  fraud  or  concealment  of  goods,  he  was  to 
notify  Nath.  Saltonstall.  The  constable  notified  Joseph 
Flecher,  Richard  Hubbard,  John  AUin,  Joseph  French  and 
Major  Pike's  son  to  secure  what  they  had.  John  AUin  had 
the  rigging  of  the  vessel  and  other  things  that  belonged  to 
Mr.  [C]arver,  Joseph  Flecher  had  the  iron  work,  Richard 
Hubbard,  part  of  the  mainsail  and  muskets,  and  Joseph 
French,  about  300  feet  of  boards. 

John  Carter  and  Nathaniell  Griffing  deposed  that  bemg  in 
company  with  John  Stevens,  constable  of  Sallesbery,  when  he 
went  with  John  Ring  and  Martha  Lamson  to  Haverhill  to 
Capt.  Saltonstall  upon  the  charge  of  fornication,  Steevens 
told  Ring  that  his  journey  to  Haverhill  should  cost  neither 
himself  nor  his  father  Ring  one  penny.* 

Ephraim  Winsley  deposed  that  Wm.  Osgood,  sr.,  owned 
to  him  that  the  saw  mill  in  controversy  was  set  up  before  the 
time  expressed  and  Robert  Ring  deposed  the  same. 

A  note  of  the  families  in  Hampton  the  first  summer  that 
Mr.  Batcheller  came  to  Hampton:  Jno.  Browne,  Mr.  Husiah, 
Goodman  Johnson,  Good.  Tucke,  Thom.  Jones,  Good.  Sander- 
sin,  Good.  Daves,  Good.  Swaine,  Good.  Grenfild,  Abraham 
Perkins,  Isak  Perkins,  Francis  Pebody,  Good.  Cool.  Yong 
men  that  had  lots:  Willyam  Wakfild,  Willyam  Fifild,  Moses 
Coxe,  Thom.  Kinge,  Anthony  Taylor,  Tho.  Ward,  Gilles 
Fuler.  Maried  men:  Good.  Daulton,  John  Hugins,  Good. 
Mingy,  Tho.  Moulton,  John  Moulton,  Willyam  Roberts, 
Good.  Maston,  Good.  Esto,  Leutenent  Houerd,  Rob.  Casell, 
Good.  Cros,  Will.  Sargent,  Author  Clark.  The  second  Sumer: 
Good.  Page,  Good.  Maibor,  Good.  Auston,  Good.  Smith, 
Good.  Fillbrek,  Good.  Sanders,  Daniel  Hindreks,  John  Wegod, 
Tho.  Chaes,  Good.  Fuller,  Good.  Inglish,  Good.  Rooper,  Good. 
Ambros,  Widdow  Parker. 

Samll.  Felloes,  sr.,  deposed  that  about  twenty-seven  years 
ago,  being  down  with  the  lot  layers  and  Major  Pike  m  the 
meadows  at  the  points  below  Mr.  Woster's  lot  next  to  Robert 
Ring's,  Major  Pike  set  the  stake  between  said  Ring's  lot  and 
deponent's,  which  stake  ranged  with  the  northwest  corner 
of  Woster's  lot  that  Samll.  Woster  and  Wm.  Buswell  affirm  to 
be  the  corner  bounds,  and  so  within  about  a  rod  of  the  east 
end  of  an  old  log  and  to  a  pine  tree  at  the  upland.     Sworn, 

9:2: ,  in  Salisbury  court.     Copy  made  by  Tho.  Brad- 

bury,t  recorder. 

*  The  papers  which  follow  are  claspified  a-s  "miscellaneou3,"  belonging  to 
Norfolk  court  and  are  without  date, 
t  Autograph. 


1679]  RECORDS    AND    FILES  281 

Sam.  Pore  deposed  that  he  delivered  to  Nathaniell  Winsley 
one  bushel  and  a  half  of  wheat  at  5s.  p  bush,  upon  account  of 
William  Spilsbrye. 

Robert  Page  testified  that  about  thirteen  years  ago  the 
town  measurers  laid  out  the  bounds  between  deponent  and 
William  Estoe  and  Thomas  Moulton,  William  Palmer  guaged 
to  the  river  on  his  own  side  and  William  Wackefeild  and  Wil- 
liam Howard  standing  on  Estoe's  side  of  the  river  bade  de- 
ponent stick  down  a  bow  between  them  in  a  direct  line,  which 
line  lay  within  the  ditch  made  by  Christopher  Palmer.  Sworn 
in  court,  attest,  Tho.  Bradbury,*  recorder. 

Christopher  Palmer  testified  that  he  heard  Peter  Abbot 
say  that  he  had  put  a  mare  to  Goodman  Hobs  for  wintering, 
and  that  he  agreed  to  pay  for  it.  Sworn  before  Tho.  Brad- 
bury,* recorder. 

Will.  Fifild  and  Will.  Marston  certified  that  the  piece  of 
salt  marsh  that  lay  on  the  other  side  of  the  Falls  river  is  com- 
mon and  buts  upon  the  end  of  Tho.  Levit's  marsh  and  Hen. 
Gren's  and  Edward  Tuck's  and  other  lots  of  marsh.  These 
lots  lay  on  the  east  of  the  piece  of  marsh  and  adjoin  part  of 
Mr.  Hussey's  farm  on  the  west,  and  the  said  Fifild  and  Marston 
assigned  this  salt  marsh  to  John  Redman  in  satisfaction  for 
his  house  lot.     Copy  made  by  Sam.  Dalton.* 

Moses  Gillman  testified  that  about  twenty  years  ago  he 
was  employed  by  his  brother  Edward  Gillman  to  go  with 
Mr.  Stanyon  to  take  possession  of  a  30  acre  meadow  three 
or  four  miles  from  Exeter  southerly,  which  he  did. 

Andrew  Greely  and  William  Buswel  testified  that  at  a 
town  meeting  at  Salisburi,  Robert  Ring  was  asked  if  he  would 
own  the  articles  which  they  said  were  made  at  Wennom,  and 
he  said  he  would  own  the  writing  but  not  the  articles.  Sworn 
in  court  before  Tho.  Bradbury,*  recorder. 

Tho.  Bradbury,*  recorder,  certified  that  the  forfeiture  of 
the  bond  in  which  judgment  was  given  against  Tho.  Johnson 
and  Will.  Roberts  at  Salisbury  court  was  the  bond  wherein 
they  were  bound  for  Edward  Colcord's  appearance  on  the 
suit  of  Jno.  Redman. 

Thomas  Johnson's  and  William  Roberts'  bill  of  cost  in  the 
action  between  John  Redman  and  Edward  Colcot,  for  bringing 
the  letter  of  attorney  from  Dover,  going  to  Boston  for  Master 
Rockes  testimony,  etc. 

John  Garland's  bill  of  cost  in  an  action  brought  against  him 
by  Mr.  Samuell  Dudley  and  John  Gilman. 

Willi.  Osgood's  bill  of  cost.  Joseph  Langquester,  Vallintun 
Rowel,  Edward  Cottel  mentioned. 

John  Gillman's  bill  of  cost,  as  constable,  in  a  complaint 
against  Fransis  Paffat.     Worshipful  Capt.  Wiggin  mentioned. 

*  Autograph 


282  SALISBURY    QUARTERLY    COURT  [NoV. 

Witnesses  in  Taylor's  complaint:  Jeames  Fres  and  wife, 
Thomas  Hoit,  Thomas  Sargent,  Thomas  Stevens,  WilHam 
Sargent,  Edward  Cotel. 

Elizabeth  Jackson,  accused  by  Byly  Dudly  for  stealing 
money  from  him,  and  she,  confessing  that  she  stole  14s.  in 
silver,  was  fined.  Bill  of  cost  of  Kinsley  Hall,  constable  of 
Exeter,  for  going  from  Hamton  to  Exitter  to  bring  said  Eliza- 
beth before  the  court,  and  to  summon  Jonathan  Smith  and 
wife,  "Armstrong,  George  Robertt  my  selffe  and  horse,  5s.," 
etc. 

Bill  of  cost  of  Samuell  Winsley,  sr.,  in  action  with  Wm. 
Pillsburie,  12s. 

Bill  of  cost  in  action  of  Samuell  Winsley,  jr.,  against  Wm. 
Bus  well,  before  the  commissioners  of  Salisbury,  7s. 

Petition  of  Isack  Buswel,*  John  Severence,*  John  Stevens, 
sr.,*  Edward  French,*  AVilliam  Buswel,*  Samuel  Fellos,  sr.,* 
John  Ilsly,*  Jno.  Gill,*  Joseph  French*  and  Ephraim  Winsley* 
to  the  Salisbury  court:  to  consider  and  "settle  unto  our 
reverend  pastor  Mr.  John  Whelewright  an  honorable  main- 
tenance for  he  haueing  had  butt  fiuety  pounds  a  yeare,  the 
accomodation  excepted,  since  the  newtowne  were  parted  from 
the  old  towne  which  our  pastor  sayes  he  cannot  comfortably 
liue  on  and  we  also  thinke  the  same  and  are  willing  more 
should  be  allowed  him  butt  itt  cannott  be  yett  attained  to 
be  done  by  the  Towne  in  generall  and  so  our  refuge  is  to  this 
honored  Court  that  it  may  be  done  according  to  the  law  of 
God  and  the  countrey." 

Warrant  for  the  appearance  of  Henry  Ambross  at  Salis- 
bury^ court  to  answer  a  presentment  for  falsifying  a  bill,  signed 
by  Tho.  Bradbury,*  for  the  court. 

Summons  to  Goody  Wells,  Goody  Stevens  and  Goody 
Wheelare,  as  witnesses,  signed  by  Tho.  Bradbury,*  for  the 
court,  and  served  by  John  Stevens,*  constable  of  Salisbury. 

"Att  a  meeting  of  y^  Millitia  of  y^  town  of  Salisbury  y® 
14**'  day  of  August  An  :  Dom  :  1689  It  is  ordered  by  y^ 
said  millitia  that  for  y^  more  safty  of  y^  s^  town  there  shall  be 
certayn  Scouts  sent  forth  consisting  of  nine  souldiers  in  a 
scout  under  y"^  Commands  of  y^  psons  here  under  named  viz: 
Leift.  Henry  Tru.  Leift.  John  Stevens:  Cornet  Hubbard: 
Ensigne  Brown:  Corpo"  Jacob  Morrill:  Sargent  Bei  Stevens: 
Sarg*  Joseph  Tru:  Sarg^  Page,  Sarg*  Joseph  Eaton,  John 
Allin:  Willi  Allin:  &  Josep  Fletcher,  who  are  successiuely 
to  rang  about  y*  out  scirts  of  y^  town:  dayly  untill  farther 
order  be  taken:  the  souldiers  appointed  to  each  comander 
ar  inserted  under  y«  hands  of  s^  Millitia:  &  y®  Clark  of  y* 
band:  is  to  giue  notice  of  this  order:  to  each  Commander  & 
to  each  solder:    under  each  Commander  for  y^  orderly  pceed- 

*  Autograph. 


1679]  RECORDS   AND    FILES  283' 

ing  of  the  commanders  it  is  figured  over  y^  Commanders 
name  to  each  company:  signed  under  y«  hands  of  y«  Millitia: 
every  solder  is  to  be  well  fitted  w*^  Arms  &  Ammuaition  fitt 
for  s'^  service:  as  also  a  good  horse:  And  upon  y  discovery 
of  any  danger  forthwith  to  give  intelligence  thereof  to  y« 
cheif  Commanders  or  any  of  them.  Robt.  Pike,  Cp*  of  y« 
troop,  Tho.  Bradbury,  Cap*  of  y^  fort,  Jn°  Stevens,  Leift  of 
ye  foot,  Rich^  Hubbard,  cornet  of  y«  troop,  Ensigne  Nath^^ 
Brown." 

Thomas  Wells'*  complaint  of  the  abusive  carriages  in  his 
house  in  the  night  toward  his  wife  when  she  was  in  bed  and 
he  not  at  home,  by  Samll.  Weed,  John  Coleby,  John  Weed, 
Orlando  Bagley,  Thomas  Freame,  Thomas  Harvey  and  Mary 
Sargent.  Samll.  Weed  was  wagered  by  a  quantity  of  liquor 
according  to  common  report  to  go  to  his  wife's  chamber  where 
she  was  asleep  with  her  child  and  kiss  her,  which  he  accord- 
ingly performed,  John  Colby  holding  the  light  as  a  witness 
that  the  wager  was  carried  out. 

Jeams  Sanders  testified  that  Leift.  Georg  Brown  said  that 
he  thought  that  Fransis  Badoe  had  broken  up  his  house  and 
gotten  the  things  he  had  lost,  and  they  searched  but  could 
not  find  him,  so  Brown  sent  a  hue  and  cry  after  him.  Owned 
in  court. 

"Cap*''  Bradbury  sir:  I  reseiued  your  account  this  27 
of  februarie  where  in  you  desired  me  to  send  you  my  account 
which  I  know  not  whither  I  can  doe  it  or  noe:  but  I  haue 
here  sent  you  ale  I  knowe:  to  carying  your  Boy  to  Boston,  6s. 
to  my  husband  one  day  to  mend  your  caske  and  heding  up 
your  farking  and  such  lik  worke,  2s.  6d.  yours  to  sarue 
Johanah  Steuens."* 

Capt.  Bradbury  delivered  a  pound  of  powder  to  each  of 
the  following  by  order  of  the  military  company  of  Salisbury: 
Sam.  Winsley,  John  Hoyt,  George  Browne,  Willi.  Browne, 
Willi.  Partridg,  Phillip  W^oUidg,  Tho.  Eaton,  John  Severanc, 
Sam.  Fellowes,  Dan.  Worcester,  George  Martin,  Ralfe  Bles- 
dale,  Willi.  Allin,  John  Gill,  Tho.  Barnett,  Tho.  Carter,  Willi. 
Barnes,  Willi.  Buswell,  Willi.  Holdred,  John  Weed,  John 
Elsly  and  Vail.  Rowell. 

The  town  of  Salisbury  was  indebted  to  John  Allin  for  keep- 
ing Rebecka  Hackit  twelve  days,  Feb.,  91;  to  Benjamin  Allin 
going  to  Boston  to  fetch  Captain  Buswell's  commission,  15s.; 
for  warning  a  town  meeting  in  Feb.,  91,  to  choose  selectmen-, 
and  constables,  5s.;  for  stoning  Mr.  Allin's  well,  lis. 

In  the  action  between  Mr.  Hussey  and  Abraham  Drake, 
marshal,  the  cow  was  John  Hussey's  when  taken  by  execu- 
tion, etc. 

*  Autograph. 


284  SALISBURY    QUARTERLY    COURT  [Nov. 

Stephen  Kent's  bill  of  cost,  going  to  Andover  to  take  oath 
before  Mr.  Bradstreet,  etc.,  31i.  5s.  6d. 

Bill  of  cost  of  Samuell  Winsley  against  Theophilus  Sechell, 
to  Newburie  to  fetch  Mr.  Coffin's  testimony,  to  Haverell  and 
Ipswich,  etc. 

Humphery  Willson's  bill  of  cost  against  Christopher  Pallmer. 

Bill  of  cost  of  town  of  Salsbury  against  Robbart  Ring. 

John  Godfrey's  bill  of  cost  in  William  Simons'  action.  Hi. 
lis. 

List  of  names:  Major  Pike,  Samll.  Buswell,  Jno.  Eaton, 
Andrew  Grele,  Jno.  Ilsly,  Rod  Easman,  Rich.  Smith,  Jno. 
Easman,  Ephraim  Winsley,  Wm,  Bradbury,  Tho.  Bradbury, 
Jno.  Easman,  Morris  Tucker,  Jno.  Stevens,  Henry  Brown, 
Nat.  Browne. 

Mihill  Lambert's  bill  of  cost.  Mr.  Fogg,  Goodman  Bur- 
cham  and  Leift.  How  mentioned. 

Robert  Swan's  bill  of  cost. 

Jno.  Morrinn's  bill  of  cost  against  Rob.  Lord,  Hi.  13s.  Id, 

William  Furbur's  bill  of  cost.  Hi.  5s.  4d. 

John  Warner  deposed  that  Edward  Colcord  promised  to 
deliver  Humphre  Willson  a  heifer  to  satisfy  a  debt  that  Thomas 
King  and  said  Willson  promised  to  pay  Mr.  Dudle,  etc.  Sworn 
in  court  before  Tho.  Bradbury,*  recorder. 

John  Warner  by  order  of  Worll.  Capt.  Wiggin  attended 
court  six  days,  and  witnessed  in  the  action  between  Fra. 
Swain  and  Goody  Chase.  Bill  of  cost  for  himself  and  wife  for 
attending  about  Tho.  Pettee. 

Presentments:  Haverill,  for  not  having  stocks,  and  for  the 
want  of  a  "skuell  master";  John  Etton,  sr.,  of  Salisbury  for 
breach  of  the  peace  in  striking  Moses  Wostar.  Wit:  Fillup 
Grelly. 

Venire,  dated  Mar.  9,  1671-2,  for  Exiter;  also  summons  for 
want  of  a  pound  and  stocks  and  also  a  sufficient  bridge  over 
the  river,  being  a  country  highway,  and  lack  of  rails,  also  to 
witnesses,  Samll.  Levitt  and  Jonathan  Thing;  and  summons 
to  Samll.  Foulsam  to  have  his  wife  Mary  answer  for  being  from 
home  at  unseasonable  times  in  the  night,  for  appearance  of 
uncivil  carriage  at  a  saw  mill  at  Exeter,  and  to  witnesses, 
William  Holdred  and  Richard  Morgan;  Samll.  Fulsham  was 
to  testify  in  a  presentment  against  George  Jones;  signed 
by  Tho.  Bradbury,*  for  the  court;  and  served  by  Nich.  Lis- 
son,*  constable  of  Exiter,  who  returned  the  names  of  John 
Foulsham,  jr.,  and  Moses  Gillman  for  jury  men,  also  Edward 
Smith  was  chosen  constable  for  the  ensuing  year  and  Jona. 
Thing  to  answer  the  presentment. 

Jonathan  Thing,  constable,  certified  that  the  town  of  Exiter 
chose  Left.  Ralf  Hall,  Tho.  King  and  Mr.  Jno.  Gilman  com- 

*  Autograph. 


1679]  RECORDS    AND    FILES  285 

missioners  and  Mr.  John  Geillman,   clerk  of  the  writs,  and 
Tho.  Kinge,  constable. 

Samuell  Winsley  deposed  that  he  desired  John  Redman  to 
go  with  him  to  a  parcel  of  meadow  of  Emanuell  Hillyard 
of  Hampton  as  a  witness  to  the  seizure  of  two  stacks  or  ricks 
of  hav  on  execution  for  a  judgment  granted  Edward  Collcord 
at  Hampton  court,  and  deponent  forbade  said  Hillyard's  wife 
meddhng  with  it.     Sworn  in  court. 

John  Godder  of  Lamperell  river  appointed  Edward  Colcord 
his  attorney  in  an  action  of  review  against  Mistress  Ann 
Massen,  and  to  answer  James  Nealle. 

Christopher  Hussey  of  Hampton  was  granted  150  acres  of 
upland,  meadow  and  marsh  for  a  farm  lying  between  the 
Falls  river  toward  the  north,  etc.  Copy  from  the  book  of 
abatements  of  land,  page  7,  made  by  Sam.  Dalton,*  register. 

Joseph  Davis  testified  that  he  heard  William  Deall  own  that 
he  had  given  Jon.  Swadock  a  bill  for  20  bushels  of  wheat  and 
26  bushels  of  Indian  corn,  due  in  1662  or  1663.  Sworn  in 
court. 

Edward  Cotel's  bill  of  cost  against  Mr.  Winslew. 

John  Swaine's  bill  of  cost.  Nicklas  Lison,  Jno.  Garland 
and  Tho.  Pettitt  mentioned. 

Bill  of  cost  of  Sam.  Winsley  and  Richard  Ormsby,  convic- 
tion of  ye  Quakers,  etc. 

Debts  to  be  paid  to  Tho.  Bradbury,*  in  money:    Quarter- 
master Osgood,  Hi.  Is.;   Mr.  Goldwyer,  cotton  wool  and  rum, 
lis.;    Onesiphorus  Page,  Hi.  10s.;    Cornelius  Conner,  2h.  8s.; 
Cosen  Mary  Allin,  4s.;    Jno.  Allin,  by  judgment  m  Sahsbury 
court,  1679,  31i.  6s.;   Phillip  Grele,  21i.  Is.;   Mr.  Samll.  Wheel- 
wright, Hi.  3s.  8d.;    Samll.  Fowler,  5s.;    Dan.  Ela,  19s.  lOd. 
Peter  Eyer,  9s.  2d.;   Zakery  Davis,  2s.  lOd.;   Jno.  Clough,  sr. 
2s.;    Sam.  Colby,  for  a  license,  2s.  6d.;    Humphrey  Willson 
3s.     Debts    due   per    book:     Georg    Martyn,    21i.    14s.;    Jno 
Hoyt,  jr.,  4s.   5d.;    Samll.   Levit,   10s.  8d.;    Moses  Gillman 
upon  Mr.  Wadley's  account,  300  foot  of  boards.  Hi.  5s.  8d. 
Jno.    Clark   of   Exeter,    2s.   4d.;    Timothy   Hilliard,    6s.    6d. 
David  Robinson,  2s.;    Jno.  Bayly,  part  to  Benaya  Titcumb 
Hi.;    Rich.  Currier,  6s.  lOd.;    Jno.  Redman,  sr.,  2h.  13s.  6d. 
Henry  Kimball  of  Haverhil,  6s.;    Nat.  Griffyn,  5s.  lid.;    Ed 
Gove,  9s.;    Tho.   Easman,  4s.  4d.;    Sam.   Getchell,  sr.,    16s 
8d.;    Sam.  Clough,  Is.  4d.;    Mr.  S.  Stanian,  Hi.  5s.  6d.;   Sam 
Colcord  and  Wm.  Evens,  Hi.  8s.  9d.     Bills:    Mr.  Carr,  17s. 

Jno.  Grele,  71i.; ,  Peasly,  Christo.  Palmer,  lis.;  Joseph  Shaw 

Hi.  10s.;   Jno.  Griffyn,  Hi.  2s.  8d.;   Robt.  Ring,  12h.  10s.  4d. 
Ed.  Gove,  15s.;   Jno.  Young,  8  feet  of  boards,  Hi.  12s.     Upon 
book:   Joseph  Easman,  3s.  6d.;  Jno.  Redman,  jr.,  18s.  Id.;  Jno 
Jimson,    5s.;     Jno.    Allin,    ;     Tho.    Philbrick,    6s.    lOd. 

*  Autograph. 


"286  SALISBURY    QUARTERLY    COURT  [Nov. 

Ephraim  Brown,  4s.  2d.;  Mr.  Wm.  Hook,  5li.  Is.  6d.;  widow 
Ephraim  Davis,  2s.  lOd.;  Dan.  Tilton,  10s.  9d.;  Jno.  Sever- 
ans,  16s.  4d.;  Onesiphorus  Marsh,  lis.  8d.;  Mr.  Stockman, 
51i.  9d.;  Robt.  Swan,  16s.  8d.;  Morris  Tucker,  Hi.  6s.  3d.; 
Philip  Grele,  Hi. 

Robert  Booth,  aged  about  sixty-eight  years,  deposed  that 
about  1644  he  found  thirty  acres  of  meadow  about  three  miles 
south  of  Exeter  town  and  he  acquainted  the  town  with  it. 
Anthony  Stanyan  asked  for  it  and  it  was  granted  him,  depon- 
ent being  requested  to  give  him  possession,  and  he  did  so  by 
cutting  some  wood  on  a  point  of  upland  that  shoots  out  into 
the  meadow.  This  meadow  now  lay  about  half  a  mile  west 
of  the  house  which  Mr.  Seaborne  Cotton  owns  to  be  his,  etc. 

Nath.  Barnard,  Sam.  Colby  and  Mary  Colby,  Jno.  Colby 
and  Walter  Tayler,  were  complained  of  for  great  misdemeanors 
at  Jno.  Colbye's  house  by  fighting  and  excessive  drinking,  and 
said  Barnard  was  convicted. ' 

Letter  from  Edward  Starbuck,*  dated  Dover,  July  2,  16-8, 
concerning  a  saw  mill  that  was  almost  finished,  and  that  he 
w^ould  have  to  pay  his  debts  in  boards  instead  of  mone}^  as 
the  fishermen  had  not  received  any  money  that  year,  etc. 

"From  Greneage  this  10  of  September  1652 

"Loueing  Brother  My  Kind  Loue  to  you  hoping  In  god  you 
are  In  good  hellt  As  I  Am  At  this  present  resting  heare  I  giue 
god  prayes  for  it     these  few  Lines  Is  to  Let  you  vnder  stand 

that  you  Ar  at  new  Einland  bey  your  Letter  If it  Is  Strang 

neuse  to  me  to  heare  of  It  that  you  be  to  souddenley 

gone  and  not  send  me  word  But  All  our  Frindes  Ar  all  well 
As  Fare  As  I  knowe  But  my  housban  Is  dead  In  the  Inges 
And  As  Fare  As  I  know  I  maye  be  at  New  Eingland  the  next 
yeare  I  haue  soum  Aquayntantes  theare  thear  Is  one  M" 
Boyer  In  Boston  her  housban  is  A  master  of  A  ship  And  one 
M'^  Thyrston  Master  of  A  ship  If  you  send  A  Letter  send  It 
bey  M"^  Huston  And  so  I  rest 

"Your  louing  sistear 

"Ann  Morg ."* 

Rates:   Tho.  Macy,  7s.  lOd.;   Georg  Martyn,  2h.  2d.; 


Currier,  6s.  lid.;   Rowell,  3U.  9d.;   Cottell,  3s.  Id.; 

Winsley,  5s.  Id.;  Cobham,  7s.  8d.;   Andrew  Greely, 

5g,    2d.;    Ilsley,    6s.;     Richard   Wells,    6s.    3d.;     Phillip 

Woelidg,  9s.  7d.;    Rolenson,  3s.  4d.;    Rolfe,   12s. 

9d.;    Cole,  4s.;    French,   3s.    lOd.;    French, 

15s.  3d.;   Robert  Pike,  14s.  lOd.;  Moyce,  3s.  2d.;   Georg 

Goldwyer,  lis.  9d.;  Jno.  Eaton,  5s.  Id.;  Rich.  Ormsby,  6s.; 
Rich.  North,  4s.;  Rich.  Goodale,  sr.,  7s.  2d.;  Rich.  Goodale, 
jr.,  2s.  lid.;   Phillip  Griffin,  13s.  2d.;   Henry  Browne,  4s.  lid.; 

*  Autograph. 


1679]  RECORDS   AND    FILES  287 

Willi.  AUin,  8s.  3d.;  Coffyn,  8d.;  Mr.  Carr; May- 
field;  Mr.  Winsley,  5s.  4d.;  Isaac  Boswell,  14s.;  Will.  Bus- 
well,  13s.  3d.;  Mr.  Bradbury,  Hi.  2s.  2d.;  Tho.  Bradbury  and 
John  Stephens,  jr.,  4s.  5d.;  John  Severans,  6d.;  John  Gill, 
6s.  lid.;  Mr.  Carre,  17s.  9d.;  Sam.  Buswell,  6s.  2d.;  Sam. 
Fellows,  10s.  5d.;  Rog.  Eastman,  Us.  10  l-2d.;  John  Stephens, 
13s.  l-2d.;    Wid.  Willex,  2s.  9  l-2d.;    Rob.  Fits,  5s.  11  l-2d.; 

Will.  AUin,  ;    Hen.  Browne,  8s.  5d.;    Ric.  North,  2s.  2d.; 

Edw.  French,  Hi.  Is.  2d.;  Ric.  Goodale,  sr.,  7s.  2d.;  Ric. 
Goodale,  jr.,  18s.  2d.;  Wid.  True,  2s.  Ud.;  Abrah.  Morrell, 
10s.;  Willi.  Osgood,  Hi.  8s.  3d.;  Rob.  Ring,  2s.  Id.;  John 
Maxfield,  Is.  5d.;    Will.  Browne,  3s.  8d.;   Steph.  Flanders,  2s. 

9  l-2d.;     Gechell,    2s.    5  l-2d.;     Tho.    Carter,    7s.    9d.; 

Edm.  Elleat,  3s.  4d. 

Rate  of  201i.  for  the  third  payment  on  Mr.  Hall's  farm  to 
be  paid  in  pork,  wheat,  barley  or  pease  or  any  two  of  them, 
and  delivered  at  Center  Haven  in  Boston,  made  by  William 
Osgood,*  Richard  Currier,*  Anthony  Collby,*  Robert  Pike* 
and  Andru  Grele.* 

Copy  of  will  [torn]  of  Joseph  Peasly.     Mentions  son  Joseph, 

under  age,  and  wife.     Wit:    Phillip  Challis,  Thomas  Ba 

and  Richard  Cu . 

Deed,  James  Wall  of  Exiter  to  Henry  Roby,  in  considera- 
tion of  eight  acres  of  upland  and  swamp  given  said  Wall  by  the 
town  of  Exiter,  also  100  acres  nearby  and  90  acres  between 
Ass  brooke  and  Exeter,  sells  to  said  Roby  one  bill  of  401i.  due 
Wall  from  Mr.  Vallentine  Rowell,  dwelling  near  Oyster  river, 
one  mare,  7,000  pipestaves  and  hogshead  staves,  as  many 
ashen  oars  as  amounts  to  151i.  at  3  farthings  per  foot,  two 
cows,  house,  barn,  lot  fenced  in,  with  three  acres  of  fresh 
meadow,  two  cows  in  Hampton,  two  feather  beds,  curtains, 
rugs,  blankets,  sheets,  etc. 

Petition  to  court  signed  by  Edward  Colcord,*  William  Mar- 
ston,*  Thomas  Derbarne,*  and  sworn  before  Samuell  Dalton,* 
commissioner  and  clerk  of  the  court. 

Bill  of  cost.  Richard  White,  James  Wiggins,  Nath.  Master- 
son,  Capt.  Davis  and  Capt.  Bradbury  mentioned. 

Jno.  Stevens,  sr.,  testified.  Old  Goodman  North,  Wm. 
Woster  and  Robert  Ring  mentioned. 

William  Maston,  sr.,  deposed  that  he  had  notice  of  a  town 
meeting  at  Hampton,  etc. 

Richard  Swaine  testified  that  he  gave  Bouler  liberty  to  make 
use  of  the  land  or  timber  that  he  bought  of  said  Bouler  which 
was  sometime  Saweres  "that  Bouler  bought  of  him  and  Re- 
couered  the  titell  of  CoUecot  by  lawe."  Sworn,  June  17,  1659, 
before  Mr.  Wiggin  and  Samll.  Dalton.* 

Nehemiah  Jewett  deposed  that  being  at  Haverhill  about 

*  Autograph. 


288  SALISBURY    QUARTERLY    COURT  [NoV. 

March,  1670-71  with  Jno.  Todd,  etc.  Georg  Cocks  men- 
tioned. 

John  Hutchins  and  wife  Francis  testified  that  they  heard 
Moses  say,  etc. 

Cornish  asked  the  court  to  accept  his  declaration  in 

writing  as  he  was  unable  to  "declare"  himself  in  his  com- 
plaint against Gilcen. 

Venire  returned  by  Tho.  Sargent,*  constable  of  Amesbury. 

Paper  addressed  "To  Thomas  Bradbury  at  his  house  in 
Salisbury,"  from  Edwd.  Rawson,*  secretary. 

Bill  of  cost  at  Salisbury  court.     Thomas  Crawli  mentioned. 

Paper  referring  to  the  birth  of  a  child  of  Susan .     Wm. 

Osgood  mentioned. 

Venire.     Tho.  Bradbury*  mentioned. 

Writ.     Wm.  Buswell  and  Sam.  Winsley  mentioned. 

Rebecca  Morgan's  acknowledgment  to  the  Salisbury  court, 
concerning  her  relations  with  Daniell  Beane.  The  testimony 
of  Jonathan  Clarke  mentioned,  also  Mr.  Scammons,  Armstrong, 
Home,  etc.  She  denied  drinking  a  bottle  of  liquor  with  an 
Indian. 

Copy  from  the  book  of  orders,  by  John  Johnson:*  that 
every  man  who  had  any  cattle  or  any  herdsman  should  bring 
in  their  full  payment  for  quality,  time  and  place  according 
as  they  were  appointed  by  the  selectmen,  all  delinquents  to 
pay  16d.  per  shilling. 

Robert  Pike*  affirmed  that  in  what  he  said  about  the  stat- 
ing of  the  meadow  in  the  cow  common,  he  did  not  mean  that 
all  who  ever  had  grants  in  the  town  should  have  it  or  that  it 
should  be  stated  upon  any  that  formerly  had  a  right  and 
sold  it  rather  than  upon  a  present  right,  but  all  who  were 
then  commoners  in  the  old  town  by  grant  by  the  town  "if 
any  shook!  prtend  right  to  them  the  towne  shoold  not  make 
themselves  Juges  of  the  case  by  delivering  them  possession 
of  thes  shars  in  our  cow  coman  but  that  it  shoold  go  to  those 
whose  p^'sent  privilidges  gave  them  right  to  it  from  the  old 
town  Imedeately:  and  that  if  any  obscure  right  was  obtained 
from  them  by  purchas  or  other  way,  the  town  was  not  bond 
by  that  but  wear  bond  to  all  that  ar  psent  pprieters  by  our 
owne  order." 

Elizabeth  Ring,  jr.,  aged  about  fifteen  years,  deposed  that 
the  heifer  that  her  father  and  Pukeeker  drove  away  from  their 
house,  having  been  in  their  corn,  was  William  Brown's  and 
it  was  very  unruly,  often  leaping  over  a  sufficient  five  rail 
fence. 

Andrew  Grely,  aged  about  fifty-two  years,  deposed  that 
thirty-one  years  ago  he  made  hay  for  Robert  Ring  at  the 
lower  end  of  his  first  division  on  the  lower  side  of  the  pond 

*  Autogi-aph. 


1679]  RECORDS    AND    FILES  289 

commonly  called  Robert  Rugg's  pond  to  a  little  gutter  or 
creek  that  came  out  of  said  pond.  The  old  pine  tree  lay  sev- 
eral rods  within  the  said  Rugg's  meadow.  Sworn,  Aug.  26, 
1672,  before  Robt.  Pike,  commissioner.  Copy  made  by 
Edw.  Rawson,*  secretary. 

Joseph  Lankester's  bill  of  cost,  for  his  time  going  up  into  the 
new  town,  etc. 

Copy  of  order  concerning  fences  from  the  town  book  made 
by  John  Johnson.* 

Henry  Brown's*  bill  of  charges  as  constable,  serving  war- 
rants on  Mary  Coleby,  James  Freise  and  his  wife,  Wm.  Ser- 
geant, and  Tho.  Hoyt  as  a  witness.     Ed.  Cottle  mentioned. 

Richard  Currier's  bill  of  cost,  2s. 

Pressed  for  the  country's  service:  Willi.  Hook,  Edward 
French,  sr.,  Benj.  Allin,  Jno.  Gryffyn,  Robt.  Roe,  Edward 
Screven,  Joseph  Norton,  Saco,  and  Edw.  French.  On  the 
reverse  of  this  paper:  Wm.  Hook,  Jno.  Collins,  Sam.  Joy, 
Jo.  Osgood,  Pet.  Pette,  Sam.  Carter. 

Land  granted  to  John  Legatt  at  Salisbury. 

Copy  of  a  record  of  a  town  meeting,  made  by  Sam.  Dudley: 

that  James should  have  the  30  acres  of  meadow  toward 

Salisbury,    granted    to   Sam.    Waller    and    before    they 

went  away,  etc. 

Robert  Downer  and  Philip  Grely  deposed  that  going  to 
Newbery  they  saw  Ephraim  Severanc  who  told  them  a  story 
about  Mary  Weed.  Deponents  always  considered  her  an 
honest  maid,  etc. 

Complaint  to  Salisbury  court  of  Goodwife  Flanders  against 
Sameuel  Gachall  and  his  wife  for  calling  her  vile  names.  She 
and  her  daughter  went  into  Gachell's  field  to  see  where  their 
cattle  had  broken  in  and  Goodwife  Gachell  met  them  and 
asked  if  they  had  come  to  steal  their  corn.  ''I  said  no  I  haue 
no  need  of  yo""  corn:    then  shee  said  geet  of  my  ground  thou 

pennycoinquick  I   am   sheure  you  are  com  to  stell  my 

corn:  shee  had  a  pumkeng  in  har  hand  she  held  it  up  &  said 
shee  woold  staue  my  hed  w*^  it,  then  I  said  if  my  Cattell  haue 
stooid  your  corne  you^  piggs  haue  stooyd  Mine  wheat:  then 
shee  said  com  doun:  St:  Donstone  to  heare  how  the  Deuill 
lies:  &  Likewise  good  man  gacheall  doe  often  prouocke  mee 
by  calling  my  Children  Deuills,"  etc.  Referred  to  the  next 
Hampton  court. f 

Complaint  of  Thomas  King,*  constable  of  Exeter,  against 
John  Young  for  selling  liquor  to  an  Indian.  Wit:  Cistean 
Doler,  Meream  King,  wife  of  said  Thomas,  and  Rachell  Moul- 
[ton]. 

Mr.  Edw.  Hilton  informed  the  court  that  there  was  an 
assessment  upon  his  estate  to  pay  the  last  country  rate  which 

*  Autograph.  f  See  ante,  vol.  3,  p.  319. 


290  SALEM  QUARTERLY  COURT  [Nov. 

Court  held  at  Salem,  25  :  9  :  1679. 

Judges:  Maj.  Generall  Daniell  Denison,  Maj.  Wm.  Hath- 
orne,  Mr.  John  Woodbridg  and  Mr.  Wm.  Browne. 

Grand  jury:  Leift.  Tho.  Putnam,  Sergt.  Thomas  Fuller,  Mr. 
George  Keaser,  Jeremiah  Meachum,  sr.,  Thomas  Rix,  Ensigne 
Nathanill  Felton,  John  Hill,  William  Browne,  William  Sear- 
gent,  John  Abby,  jr.,  Hen.  CoUens,  sr.,  Hen.  Sibly,  Ensigne 
Bancraft,  Joseph  Mansfeild,  senr.,  and  Thomas  Bishop. 

Jury  of  trials:  Mr.  Samll.  Gardner,  sr.,  Mr.  Joseph  Hardy, 
sr.,  Mr.  Wm.  Bowditch,  Mr.  Richard  Croade,  Joseph  Hutchen- 
son,  John  Leach,  jr.,  Ben.  Pitnam,  Hugh  Woodberye,  Joseph 
Daliver,  Samll.  Kemboll,  Thomas  Farrer  and  Daniell  Gott. 

[The  grand  jury  being  called  and  not  appearing  were  fined 
10s.  each.  —  Waste  Book.] 

Mr.  William  Longfellow  v.  Pennell  Titcombe.  Debt. 
Verdict  for  defendant.* 

he  thinks  he  is  freed  from  by  the  articles  of  agreement  of  the 
river  of  Pascattaqua  with  the  government  of  the  Massachu- 
setts which  is  acknowledged  to  come  under  said  government. 
Court  ordered  that  the  constable  of  Exeter  forbear  to  take 
anything  of  said  Hilton's  estate  until  the  next  session  of  the 
General  Court  that  Mr.  Hilton  may  have  an  opportunity  to 
clear  up  his  freedom  from  paying  to  the  country  rates  to  the 
said  General  Court. 

Nath.  Winslo  testified  that  one  of  the  bound  trees  of  his 
father  Samll.  Winsley's  lot  which  lay  next  Mr.  Car's  lot,  was  a 
pine  tree  that  stood  on  a  small  pine  plain  on  the  westerly 
side  of  Cobler's  brook,  so  called.  Sworn,  9:2:  1667,  at 
Salisbury  court. 

Samuell  Dalton,  aged  about  thirty  years,  testified  that 
William  Marston  said  that  Ed.  Colcord  sent  for  him  in  the 
morning  and  he  went  down  with  his  ax  to  cut  wood.  Colcord 
and  Tho.  Dearborn  went  with  him.  Henry  Dow  asked  if  he 
stood  and  looked  on,  and  Natt.  Boulter  said  "Tho.  Dearborn 
and  you  had  the  axes,"  and  Will.  Marston  said  he  brought  his 
ax  and  the  chain  and  Dearborn  brought  up  his  father  Col- 
cord's  ax.     Sworn  before  Samuell  Dalton, f  commissioner. 

Paid  to  Caleb  Moudie  p  Capt.  Pike,  Wymond  and  Woodin. 

*Writ,  dated  Nov.  19,  1679,  signed  by  Daniel  Denison,t 
and  served  by  Joseph  Pike,t  constable  of  Newbury,  by  attach- 
ment of  the  dwelling  house  and  land  of  defendant. 

Penuell  Titcomb's  bill  of  cost,  21i.  9s.  4d. 

t  Autograph. 


1679]  RECORDS   AND    FILB3  291 

John    Poland    v.    Thomas    Patch.     Trespass.     Verdict    for 
defendant.* 


Stephen  Grenlefe'sf  receipt  to  Penuell  Titcom  for  40  shillings 
in  money  for  the  iron  work  that  was  done  on  his  account 
for  the  vessel  that  was  built  at  Nubery  Falls  by  John  Haseltin, 
for  Mr.  Longfelo  and  the  rest  of  the  owners. 

Bond,  dated  Dec.  25,  1676,  given  by  Penuell  Titcomb.f  of 
Newbery,  to  carry  on  an  eighth  part  of  a  vessel  which  William 
Longfellow  had  engaged  by  articles  to  build,  and  pay  to  said 
Longfellow,  561i.  5s.,  half  in  money  and  half  in  corn,  wheat  at 
5s.,  barley  at  4s.,  rye  at  4s.,  and  pease  at  4s.  Wit:  John 
Dresserf  and  Sarah  Phillips. f  Sworn,  Nov.  20,  1679,  before 
Daniel  Denison.f 

Account  paid  to  William  Longfellow  by  Penuell  Titcomb  on 
account  of  the  ship  Beginning:  to  provision,  27li.;  to  mony, 
151i.  Moses  Brodstreet  and  Benayah  Titcomb  heard  said 
Longfelow  own  this  account.  Pd.  by  Penuell  Titcomb  by 
order  of  William  Longfelow  to  the  builder  of  the  ship  John 
Heselton  in  money,  61i.;  provisions,  7li.  14s.  Owned  by 
John  Heselton.     Iron  work,  21i. 

Moses  Bradstreet,  aged  about  thirty-six  years,  and  Abell 
Plats,  aged  about  thirty  years,  deposed  that  being  in  Boston 
on  Nov.  2,  1677,  he  heard  them  make  up  the  account,  etc. 
Sworn  in  court. 

Thomas  Kemble,  aged  about  fifty-six  years,  deposed  that 
being  desired  by  Mr.  Joseph  Dell,  Mr.  Willm.  Longfellow  and 
Penuell  Titcomb  and  others,  owners  of  the  ship  Beginning,  of 
which  said  Dell  is  now  master,  he  heard  Longfellow  agree  to 
deliver  up  to  Titcomb  and  the  other  owners  mentioned  in  a 
mortgage  which  he  then  gave  them  for  the  half  of  said  ship, 
all  the  bills  that  concerned  their  interest  as  soon  as  he  came 
home  to  Rowley.  Sworn,  Mar.  25,  1678,  before  Tho.  Clarke,t 
assistant. 

*Writ:  John  Polin  v.  Thomas  Patch;  trespass,  for  filling  up 
a  ditch  in  his  meadow,  whereby  his  meadow  was  lain  open  to 
hogs  and  cattle;  dated  18:9:1679;  signed  by  Hilliard 
Veren,t  for  the  court,  and  clerk  of  the  town  of  Salem;  and 
served  by  Richard  Hutton,t  constable  of  Wenham,  by  attach- 
ment of  Indian  corn  of  defendant. 

Thomas  Patch's  bill  of  cost,  2s. 

Copy  of  the  town  records  of  Wenham,  6:11:  1678,  made 
by  Thos.  Fiske,t  recorder  to  the  selectmen:  "its  ordered  that 
all  such  as  haue  lands  lying  in  o''  towne  shall  make  theire 
Bounds  Appeare  upon  demand  of  those  that  are  or  shall  be 
Appointed  by  the  towne  to  take  notice  of  them  or  elc  theire 

t  Autograph. 


292  SALEM  QUARTERLY  COURT  [NoV. 

land  shall  be  measured  to  them  according  to  theire  Grante 
from  the  towne.  It  is  ordered  that  the  Selectmen  are  Appoint- 
ed to  see  to  the  prosecution  of  abouesaid  order." 

John  Dodge,  aged  about  sixteen  years,  deposed  that,  being 
at  work,  Thomas  Pache  desired  him  to  go  with  him  to  witness 
that  he  filled  up  Goodman  Polan's  ditch,  and  he  saw  him 
throw  into  the  ditch  so  much  of  the  bank  as  made  a  way  for 
cattle  to  go  over.  He  pulled  down  the  fence  at  another  place. 
Sworn,  21  :  4  :  1679,  before  Wm.  Hathorne,*  assistant. 

Alexander  Tomson,  aged  about  forty-eight  years,  deposed 
that  when  he  lived  with  his  master  Starkweather  about  twenty- 
seven  years  ago,  this  meadow  was  then  called  John  White's 
meadow,  and  the  very  ditch  which  was  now  broken  down  was 
then  full  of  cocks  of  hay  in  White's  day.  Sworn,  Apr.  17, 
1679,  before  Daniel  Denison."* 

John  Abey,  aged  about  thirty-eight  years,  deposed  that 
having  some  discourse  with  Thomas  White  about  the  meadow 
which  he  sold  to  Richard  Brayebrooke,  he  told  deponent 
that  the  point  of  upland  that  runs  from  Thomas  Patch's  land, 
which  lies  south  of  the  ditch,  was  the  utmost  extent  of  his 
meadow  northward.  Further  that  W^hite's  father  told  him 
the  same,  and  the  land  has  been  accounted  common  for  twenty- 
five  years.     Sworn  in  court. 

William  Knolton,  aged  about  thirty-eight  years,  deposed. 
Sworn  in  court. 

Richard  Hutton,  sr.,  aged  about  fifty-five  years,  deposed 
concerning  serving  the  attachment.     Sworn  in  court. 

Thomas  Fiske,  aged  about  fortj^-nine  years,  deposed  that 
this  land  had  been  common  land  thirty  years,  and  deponent 
warned  Rowland  in  behalf  of  the  selectmen  about  fencing  in 
any  swamp  land  with  his  meadow.     Sworn  in  court. 

William  Fiske,  aged  about  thirty-six  years,  and  Walter  Fay- 
erfield,  aged  about  forty-eight  years,  deposed  that  in  the 
spring  of  1679  they  understood  that  John  Pouland,  under 
pretence  of  a  right  to  six  acres  of  meadow  bought  of  Richard 
Braybrook  which  was  formerly  granted  to  John  Whitt  by 
Salem,  had  almost  fenced  with  a  ditch  about  twelve  acres  of 
swamp,  and  in  accordance  with  the  town  order  the  selectmen 
and  proprietor  of  the  swamp  adjoining  Pouland's  demanded 
of  him  to  shov^^  them  the  bounds  of  his  meadow,  or  to  choose 
where  in  the  land  he  would  have  his  six  acres  and  they  would 
lay  it  out  to  him.  He  refused  to  do  either,  whereupon  they 
measured  all  of  the  land  accounted  meadow  lying  southward 
of  the  point  of  upland  that  runs  from  Thomas  Paches  land 
eastward  to  Richard  Dodg's  land,  leaving  to  the  southward 
all  that  was  said  to  be  meadow  and  bounded  on  the  south  and 
east  with  Poland's  ditch,   and  they  found  within  the  ditch 

*  Autograph. 


1679]  RECORDS    AND    FILES  293 

John  Cromwell  v.  Arther  Kibben.  Debt.  Verdict  for 
plaintiff. 

John  Buxton  v.  Benjamin  Woodrow  and  William  Sibley. 
Trespass.  Verdict  for  defendant,  the  land  in  controversy  not 
exceeding  an  acre  and  a  half.* 

eight  acres  and  a  half,  about  two  acres  of  which  is  swamp. 
The  ditch  was  about  twelve  rods  northward  of  the  line  and 
point,  on  Thomas  Paches  land  and  was  in  Wenham.  Sworn 
in  court. 

Nathaniell  Browne  deposed  that  he  appraised  Powland's 
damage  at  71i.  15s.  by  eating  up  the  grass  and  the  hogs  root- 
ing in  the  meadow.  Alexander  Thomson  testified  to  the 
same.     Sworn,  Nov.  11,  1679,  before  Daniel  Denison.f 

Richard  Braybrooke,  aged  sixty-seven  j-ears,  deposed  that, 
he  never  claimed  any  right  in  the  common  there,  etc.  Sworn 
in  court. 

John  Dodg,  aged  seventeen  years,  deposed.  Sworn,  25  :  9  : 
1679,  before  Edm.  Batter,t  commissioner  in  Salem, 

John  Dodg,  aged  about  forty-seven  years,  deposed  that  the 
meadow  on  the  northwest  side  of  his  meadow  bounds  his 
"brother  Richard  Dodg's  meadow  bounds  was  owned  by 
John  White  senior,"  etc.  Sworn,  26:3:  1679,  before  Wm. 
Hathorne,t  assistant. 

Thomas  Geare,  aged  about  thirty-three  years,  testified  that 
there  was  a  gap  in  the  ditch  about  half  a  pole  w4de,  which 
laid  the  meadow  open  to  the  common.  John  Abey,  aged 
about  thirty-six  years,  testified  to  the  same.      Sworn  in  court. 

John  Beare,  aged  about  thirty  years,  deposed  that  he  heard 
Pache  say  that  he  had  filled  up  the  ditch  and  if  Poland  set 
any  posts  and  rails  he  would  cut  them  down.  Sworn,  26  :  4  : 
1679,  before  Wm.  Hathorne,t  assistant. 

*Writ:  John  Buxton  v.  Benjamin  Woodrow  and  William 
Sibley;  trespass,  for  mowing  the  grass  and  carrying  away  the 
hay  from  land  within  the  bounds  of  Robert  Goodell's  farm 
which  he  bought  of  said  Goodell;  dated  19  :  9  :  1679;  signed 
by  Hilliard  Veren,t  for  the  court  and  the  town  of  Salem;  and 
served  by  Job  Swinerton,t  constable  of  Salem,  who  attached 
oxen  of  said  Sibley  and  land  of  Woodrow. 

Defendant's  bill  of  cost.  Hi.  5s.  6d. 

At  a  meeting  of  the  Salem  selectmen,  13  :  12  :  1651,  Capt. 
Hathorne,  Mr.  Downing,  Mr.  Corwin,  Jeffery  Massey,  Mr. 
Price  and  Hen.  Bartholmew  being  present,  "Robert  Goodale 
haueing  40  Acres  of  Land  Granted  long  since  by  the  towne, 
and  hee  haueing  bought  land  of  severall  others  that  had  land 
granted  to  them  viz  Jos.  Grafton  30  Akers  John  Sanders  40 

t  Autograph. 


294  BALEM  QUARTERLY  COURT  [NoV. 

Acres  Henr.  Herrick  40  Ac's  W"  Bownd  40  Acres  Rob.  pease 
&  his  Brother  30  Acres  Rob'  Cotta  30  Acres,  William  Walcott 
30  Akers  Edm°  Marshall  20  Acres  Thom  Antrum  20  Acres 
Michaell  Shafflin  20  Acres  m'  Venor  40  Acres  John  Barber 
30  Acres  Philem°  Dickerson  20  Acres  m'  Goose  50  Acres  In 
the  whole  480  Acres,  Itt  is  ordered  that  the  said  Robert  Goodale 
shall  Enjoy  the  said  480  Acres  of  land  being  part  of  the  Eleven 
Hundred  Acres  if  hee  discharging  the  towne  of  the  Abouesaid 
grant  and  hee  is  Allowed  to  said  480  Acres  of  upland;  24 
Acres  of  meadow  prouided  that  the  meadow  laid  out  within  his 
upland  bee  a  p*  of  itt."  Copy  made  24  :  9  :  1679,  by  John 
Hathorne,*  recorder  to  the  selectmen. 

At  a  meeting  of  the  seven  men  of  Salem,  30  :  3  :  1649, 
''Granted  unto  Goodm.  Giggles  Joshua  Grafton,  Goodm. 
Jackson  and  others  (who  had  Eleven  Hundreed  Acres  of  up- 
land Fifty  Acres  of  meadow  to  bee  deuided  amonght  them 
lyeing  part  betweene  Goodm.  Moultons  Brooke  &  Ips\yich 
Riuer  &  the  other  part  lyeing  on  the  south  side  of  the  Riuer 
betweene  m^  Norrice  &  Cap*  Corwins  Farmes."  Copy  made, 
25  : 9  :  1679,  by  Jno.  Hathorne,*  recorder  to  the  select- 
men. ^         ,    1,     ,        c 

Deed,  dated  Nov.  3,  1668,  given  by  Roberte  Goodellej  of 
Salem,  farmer,  to  his  daughter  Hanah  Killum  of  Salem,  35 
acres  of  land  in  Salem,  10  acres  of  which  adjoined  the  home 
field  of  said  Robert,  bounded  on  the  northeast  by  land  of 
Jonathan  Walcut,  by  Thomas  Flint  on  the  northwest  the 
bound  being  a  white  oak  and  by  the  land  of  Mr.  Gardner,  sr., 
on  the  west,  bounded  with  a  white  oak  which  is  also  a  bound 
for  Mr.  Gardner,  Anthony  Needum  and  Thomas  Flint,  and 
on  the  southeast  by  land  of  Jonathan  Walcut  and  Anthony 
Needum;  the  other  parcel  of  25  acres  adjoins  the  40  acres  of 
Lot,  husband  of  Hanah  Killum,  the  whole  length  of  it,  having 
said  40  acres  on  the  easterly  side  and  land  of  said  Robert  on 
the  other  side  almost  all  the  length,  bounded  at  Mr.  Norice's 
Brook  with  an  elm  and  at  the  upper  end  of  Jonathan  Walcut's 
meadow  with  an  elm  it  being  also  a  bound  for  Zachariah  Goodell, 
and  on  the  south  the  bound  is  a  white  oak,  being  also  a  bound 
for  Isaac  and  Zachariah  Goodelle.  Wit:  John  Swinnerton* 
and  John  (his  mark)  Smith.  Said  Killum  promised  not  to 
sell  this  land  without  his  wifa's  consent.  Acknowledged, 
14  :  6  :  1678,  before  Wm.  Hathorne,*  assistant. 

William  Traske  and  John  Pudney  deposed  that  about 
sixteen  years  since  they  were  present  when  Thomas  Small 
sold  this  land  in  controversy  to  Benjamin  Woodrow.  Said 
Small  sold  it  as  son-in-law  to  old  Canterberey  to  pay  a  legacy 
to  the  Woodrow  children.     Sworn  in  court. 

Thomas  Cave,  aged  about  forty  or  fifty  years,  deposed  that 

*  Autograph.  t  Autograph  and  seal. 


1679]  RECORDS    AND    FILEB  295 

he  mowed  this  meadow  for  WilHam  Sibly,  together  with 
Benjamin  Woodrow.     Sworn  in  court. 

Copy  of  deed,  dated  Dec.  29,  1674,  given  by  Robert  Good- 
ale,  sr.,  of  Salem  and  Margarett  (her  mark)  Goodale,  his 
wife,  who  released  her  dower,  to  John  Buxton  of  Salem,  for 
251i.,  21  acres  of  land  in  Salem,  "near  y^  great  River  com- 
monly called  Ipswich  River  having  on  y«  easterly  side  y®  land 
of  Job  Swinnerton  Jun""  &  y^  s^  Buxton  bounded  on  y*'  corner 
next  Zaccariah  Goodwells  with  a  stake  &  Joyns  to  y''  s*^  Good- 
ales  land  on  y<^  southerly  end  &  y«  other  corner  bound  is  a  stake 
&  so  to  a  markt  wallnutt  tree  adjoyn  to  y^  land  of  Lott  Kellum 
&  from  thence  on  a  strait  Line  to  a  redd  oak  tree  y*  stands 
upon  upland  being  markt  &  so  down  to  y^  brook  Commonly 
called  one  Norias  Brook  having  on  y«  westerly  side  all  along 
y«  land  of  y"  s<^  Kellum  &  Thomas  Flint  &  on  y^  northerly  end 
of  y^  s'^  Brook  is  y^  bound."  Wit:  Job  Swinerton  and  John 
Coaker.  Acknowledged,  3:3:  1675,  before  W.  Harthone, 
asst.     Copy  examined  by  Steph.  Sewall,*  clerk. 

Nathaniell  Putnam  deposed  that  about  twenty-seven  or 
eight  years  since  he  helped  some  of  Goodman  Swinerton's 
family  to  mow  an  acre  near  a  hill  called  Goodale's  hill,  on  the 
westerly  side  of  Capt.  Corwin's  line,  and  which  meadow 
has  been  counted  ever  since  Capt.  Corwin's  meadow,  etc. 
Sworn  in  court. 

George  Corwin,  aged  about  sixty-eight  years,  deposed  that 
his  farm  of  250  acres  adjoining  the  great  river  on  the  north 
and  northwest  side,  which  w^as  laid  out  to  him  by  the  town 
about  thirty  years  ago,  he  sold  to  Goodman  Canterbury  and 
Job  Swinerton.  There  were  then  two  acres  of  meadow  about 
the  west  side  of  the  white  oak  which  was  the  bound  between 
Robert  Goodale  and  himself,  it  being  some  distance  above 
his  farm  between  the  river  and  said  Goodale's  lot,  which  was 
laid  out  to  deponent  by  the  town  when  the  whole  farm  was. 
Sworn  in  court. 

Robort  Goodall,  aged  about  eighty-nine  years,  deposed 
that  Capt.  Curwin's  farm  was  laid  out  before  his.  Also  that 
he  did  not  sell  that  little  piece  of  meadow  to  John  Buxton. 
Sworn,  Nov.  25,  1679,  before  Bartho.  Gedney,*  commissioner. 

Thomas  Flint,  aged  about  thirty-three  years,  deposed 
that  the  fifty  acres  of  upland  and  meadow  that  his  father 
bought  of  Goodman  Goodale  was  part  of  the  1,100  acres,  so 
called,  etc.     Sworn  in  court. 

Antoney  Nedham  deposed  that  about  twenty-eight  years 
since  he  carted  hay  by  Capt.  CurAvin's  order  off  this  piece  of 
meadow.     Sworn  in  court. 

Zakare  Goodale,  aged  about  forty  years,  deposed  that  he 
improved  his  father's  farm,  etc.     Sworn  in  court. 

*  Autograph. 


296  SALEM    QUARTERLY    COURT  [NoV. 

Robert  Knights,  sr.  v.  Onesiphorus  Allen  and  Samuell 
Leach.     Verdict  for  defendants.* 

John  Burron,  aged  about  twenty-eight  years,  deposed  that 
Willi.  Sibly  hired  him  to  cart  home  the  hay,  etc.  Sworn  in 
court. 

John  Putnam,  sr.,  aged  fifty  years,  deposed  that  Capt. 
Gorg  Curwin  had  possessed  this  meadow  about  thirty  years 
and  deponent  was  present  when  he  delivered  it  to  old  Can- 
terberey  about  twenty  years  ago,  one  of  the  lot  layers  being 
there  also.     Sworn  in  court. 

*Writ,  dated  18  :  9  :  1679,  signed  by  Hilliard  Veren,t  for 
the  court,  and  the  town  of  Salem,  and  served  by  Jams  Fowl- 
ing,! constable  of  Salem.  Bond  of  Onesiparos  (his  mark) 
Alin,  with  Robert  (his  mark)  Leach  and  SamuU  (his  mark) 
Leach,  as  sureties. 

Defendants'  bill  of  cost,  41i.  7s. 

Copy  of  papers  in  a  similar  action  tried  in  the  last  Salem 
and  Ipswich  courts. 

John  Abbot  and  John  Knighte  testified  that  no  wood  was 
taken  from  Knight's  farm,  etc.     Sworn  in  court. 

Samuell  AlUn,  aged  about  fifty  years,  William  Allin,  aged 
about  thirty-three  years,  and  Robert  Leech,  aged  about 
twenty-seven  years,  deposed  that  the  wood  was  cut  in  Man- 
chester.    Sworn  in  court. 

Copy  of  warranty  deed,  dated  May  21,  1679,  given  by 
James  (his  mark)  Russell  of  Charlestowne,  merchant,  con- 
firming to  Robert  Knight,  a  farm  at  Kettle  Cove  containing 
four  score  acres,  that  Gloster,  in  11  mo.  1643,  granted  to 
Mr.  Richard  Blindman,  formerly  minister  there,  who  sold  it 
to  Richard  Russel  late  of  Charlestown,  deceased,  who  in  turn 
conveyed  it,  8:4:  1659,  to  Robert  Knight  of  Marblehead. 
Wit:  Joseph  Shapley,  Eleazer  Moodey  and  Jno.  Hayward. 
Acknowledged,  May  21,  1679,  before  Edw.  Ting,  assistant. 
Copy  made  by  Steph.  Sewall,t  cleric. 

On  29  :  1  :  1651,  at  a  town  meeting  at  Manchester,  the 
following  allotments  of  marsh  were  made:  Thomas  Chub,  1; 
Henery  Lea,  2;  Willam  Everton,  3;  Richard  Norman,  4; 
John  Pickworth,  5;  Nathanell  Masterson,  6;  John  Norman, 
7;  Nicklowes  Vencsen,  8;  Pascoe  Foote,  9;  Robert  Leach, 
10;  John  Siblle,  11;  Willam  Bennet,  12;  Thomas  Millet,  13; 
Benjemen  Parmeter,  14;  Willam  Allen,  15;  Samuell  Freind, 
16.  Copy  made,  Nov.  24,  1679,  by  Samuell  Freind,t  clerk  of 
the  selectmen. 

Nicholas  Vincent,  aged  about  sixty-seven  years,  and  Samuell 
Allin,  aged  about  fifty  years,  deposed  that  Manchester  had 
owned  that  land  for  twenty-eight  years,  etc.     Sworn  in  court. 

t  Autograph. 


1679]  RECORDS    AND    FILES  297 

Christopher  Codner  v.  Tho.  Tayner,  Appeal  from  the 
judgment  of  Maj.  Wm.  Hathorne.  Verdict  for  plaintiff, 
the  former  judgment  reversed.* 


Thomas  Chub  and  wife  Avice  testified  that  they  had  a  lot 
granted  by  the  town  at  Kettle  cove  and  lived  in  Manchester 
for  seventeen  or  eighteen  years  and  about  a  year  before  they 
removed  from  town,  they  sold  the  lot,  etc.     Sworn  in  court. 

John  Knighte  and  Robberte  Knighte,  jr.,  aged  upward  of 
sixteen  years,  deposed  that  they  saw  Samuell  Leach  and  his 
servant  carry  away  wood  from  their  father's  farm  at  Kettle 
cove,  also  William  Allen  cut  hoop  poles,  etc.     Sworn  in  court. 

William  Pow  and  John  Abbot,  aged  upward  of  twenty-eight 
years,  deposed  that  they  received  orders  from  Robert  Knighte, 
sr.,  of  Marblleehead  to  fetch  some  wood  from  his  farm  at  Kettle 
cove  and  they  took  some  and  put  it  into  their  ketch,  etc. 
Sworn  in  court. 

John  Leach  and  Rachell  Goulthite  testified  that  in  1641 
John  Sible  having  a  propriety  in  land  at  Kettle  cove  held  it 
during  his  life,  and  ever  since  his  son  John  had  enjoyed  it. 
Sworn  in  court. 

Copy  of  the  grant  by  the  town  of  Glocester  to  Mr.  Blynman, 
18  :  11  :  1643,  made  l3y  Obadiah  Bruen,  recorder  in  the  year 
1643.  Sworn,  by  Obodyah  Bruine,  June  18,  1679,  at  Nu- 
warke,  New  Jarsie,  before  John  Ward,t  justis. 

Charles  Knighte,  aged  about  thirty-five  years,  testified 
that  about  sixteen  years  ago  he  mowed  grass  at  Kettle  cove 
by  order  of  his  father,  Robert  Knight,  etc.     Sworn  in  court. 

Edmond  Bridges,  aged  about  forty  years,  testified.  Sworn 
in  court. 

William  Beale,  sr.,  aged  upward  of  forty-nine  years,  testi- 
fied.    Sworn  in  court. 

*Copy  of  the  action,  brought  before  Wm.  Hathorne,t  17  : 
9  :  1679,  Tho.  Tayner  v.  Christopher  Codner,  for  pulling 
down  his  fence  at  the  corner  of  his  garden,  with  judgment  for 
plaintiff.  Appealed  to  the  next  Salem  court,  with  John 
Clefford  and  Edward  Bridges,  as  sureties. 

Elias  White  and  Robert  Seueel,  one  aged  fifty-five  years, 
and  the  other  aged  thirty-six  years,  testified  that  Codner 
came  into  Tayner's  house  and  said  he  had  pulled  down  the 
fence,  etc. 

Summons,  dated  Nov.  12,  1679,  to  Christopher  Codner, 
signed  by  Moses  Maverick,  for  the  court  and  the  town  of 
Marblehead. 

Warrant,  dated  Nov.  7,  1679,  for  Codner's  appearance, 
signed  by  Moses   Maverick,  for  the  court  and  the  town  of 

t  Autograph. 


298  SALEM  QUARTERLY  COURT  [NoV. 

Thomas  Walter,  husband  of  Hanah,  daughter  of  Robert 
Gray,  deceased  v.  Nicholas  Manning,  husband  of  Elizabeth, 
relict  and  executrix  of  Robert  Gray,  deceased.     Withdrawn. 

Mary  Gray,  daughter  of  Robert  Gray,  deceased  v.  Nicholas 
Manning,  husband  of  Elizabeth,  relict  and  executrix  of  Robert 
Graye,  deceased.     Withdrawn. 

Hannah  Browne,  relict  and  administratrix  of  James  Brown, 
deceased  v.  Hanah  Browne,  relict  and  administratrix  of  John 
Browne,  deceased.  Forfeiture  of  a  bond.  Verdict  for  plain- 
tiff.* 


Marblehead,  and  served  by  Thomas  Hawkins,  constable  of 
Marblehead. 

Thomas  Tayner's  bill  of  cost,  12s. 

Copy  of  deed,  dated  Mar.  22,  1671,  given  by  Elias  White, 
fisherman,  of  Marblehead,  to  Thomas  Tayner,  fisherman,  of 
Marblehead,  one-quarter  of  an  acre  of  land  in  Marblehead, 
bounded  north  or  about  north  and  by  east  from  Tayner's 
dwelling  house  and  joined  to  the  cartway.  Wit:  Henery 
Treevett,  Johnathan  Gatchell  and  John  Gatchell,  jr.  Re- 
corded in  Salem  records,  book  3,  folio  143,  by  Hilliard  Veren,t 
recorder. 

Christypher  Codnor'sf  bill  of  cost,  Hi.  9s.  9d. 

Christopher  Codner's  reasons  of  appeal  from  the  judgment 
of  Major  William  Hathorne:  that  he  did  not  have  six  days' 
notice  of  the  action,  and  the  constable's  return  was  not  dated. 
Received,  Nov.  20,  1679,  by  Wm.  Hathorne,t  assistant. 

Thomas  Tayner'sf  answer  to  Codner's  reasons  of  appeal: 
that  it  was  too  late  for  a  nonsuit,  and  "he  hath  forgot  his 
main  Reason  I  humbly  conseue  that  his  cleyent  waneth 
monv,"  etc. 

John  Gatchell,  aged  about  sixty  years,  and  Wibrough,  his 
wife,  aged  about  sixty-seven  years,  deposed  on  Nov.  22,  1679, 
that  they  saw  their  son  Joseph  Gatchell  give  to  Thomas 
Gatchell  and  Jonathan  Gatchell  a  legal  summons  to  testify 
in  a  case  between  Thomas  Disksey  and  their  son  Joseph. 

*Writ,  dated  Oct.  16,  1679,  signed  by  Hilliard  Veren,t  for 
the  court  and  the  town  of  Salem,  and  served  by  Henry  Skerry, f 
marshal  of  Salem,  by  attachment  of  land  toward  the  ferry  m 
Salem,  two  brass  kettles,  great  and  small,  great  table,  two 
small  tables  and  a  bed-spread. 

Bond,  dated  Oct.  12,  1665,  given  by  John  Brown,  jr., J  of 
Salam  to  James  Browne  of  Salam,  for  65H.,  half  to  be  paid  to 
Mr.  John  Sentle  at  Porter's  Key  in  London  for  the  use  of 
Heu  Hide  in  current  money  of  Ingland  and  half  to  Mr.  Thomas 

t  Autograph.  J  Autograph  and  seal. 


1679]  RECORDS    AND    FILEB  299 

John  Norman  v.  John  Adkinson.     Verdict  for  defendant. 
Mr.   Jeremiah   Hubbard   v.   Thomas   Dorman   and   Judeth- 
Dorman,  his  wife.     Slander.     Verdict  for  plaintiff.* 


Dane  of  New  England,  with  25  per  cent,  advantage.  Wit: 
John  Phillipst  and  Thomas  Lawrence. t  Sworn  by  Phillips, 
28  :  6  :  1678,  before  Anthony  Stoddard,!  commissioner,  and 
by  Thomas  Lawrence,  9:9:  1666,  before  Wm.  Hathorne,t 
assistant.  James  Browne'sf  receipt,  dated  July  20,  1666,  at 
John  Hul's  at  Boston,  for  llli.  5s.  James  Browne'sf  receipt, 
dated  May  16,  1669,  for  51i.  8s.  James  Browne'sf  receipt, 
dated  July  15,  1672,  land  to  the  value  of  51i. 

*Writ,  dated  19  :  9  :  1679,  signed  by  Hilliard  Veren,f  for 
the  court  and  clerk  for  the  town  of  Salem,  and  served  by 
Willi.  Perkins,f  constable  of  Topsfield. 

Mr.  Hubbard's  bill  of  cost,  21i.  6s. 

Sarah  Wildes,  aged  about  fifty  years,  deposed  that  having 
discourse  wuth  Judeth  Dorman  about  three-quarters  of  a 
year  before  she  joined  the  Church  of  their  town,  she  asked 
deponent  if  there  w^as  not  a  place  where  it  is  said  that  Moses 
stood  in  the  gap  and  wrath  was  stayed.  Deponent  answered 
that  there  was  such  a  place.  She  replied  that  Mr.  Hubbard 
had  a  Moses  in  his  house,  or  else  the  wrath  of  God  would  fall 
on  him.  Deponent  replied  that  many  things  were  said 
about  Mr.  Hubbard  which  were  not  true.  She  replied  that 
Mr.  Hubbard  was  a  sad  man  and  if  others  knew  as  much  as 
she  did  about  him  he  would  never  have  another  member  join 
the  Church  as  long  as  he  lived  in  Topsfield.  Deponent  replied 
that  David,  a  man  after  God's  own  heart,  fell  and  she  a