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RECORDS AND FILES
OF THE
QUARTERLY COURTS
OF
ESSEX COUNTY
MASSACHUSETTS
VOLUME I 1636-16^6
SALEM, MASS.
PUBUSHED BY THE ESSEX INSTITUTE
I9II
F72
THREE HUNDRED COPIES PRINTED
NiwcoicB & Gauss, Printus
SaLBM, MAMiUaniSBTTS
INTEODUCTION
Ths Charter of ** The QoYemor and Company of Massaohnsetts Bay in New England/' granted March 4, 1628-9, provided that annually there should be chosen from among the freemen of the Company, a Grovemor, Deputy-Govemor and eighteen Assistants. Among the duties prescribed for this governing body was that of holding
<<ypon every last Wednesday in Hillary, Easter, Trinity and Mich[aelm]as termes respectivelie for ever, one greate, generall, and solempe Assemblie, which foure (Generall Assemblies shalbe stiled and called the Foure Greate and Generall Courts of the saida Company."*
Vor a number of years this Court exercised the entire judicial powers of the Colony but with the increase of population there came a necessity for additional tribunals, and at a session of the Greneral Court held in Boston on March 3, 1635-6, the following law was adopted : —
<< Further, it is ordered, that there shalbe Soure Courts kept eu'y quarter, 1, att Ipsw^, to which Neweberry shall belonge ; 2 att Salem, to w^ Saugus shall belonge ; 3, att Newe Towne, to w^ Charlton, Concord, Meadf ord, & Waterton shall belonge ; 4^, att Boston, to w^ Bocksbury, Dorchest', Weymothe, & Hinghiam shall belonge.
<<En'y of their Courts shalbe kept by such magistrates as shal[lbe] dwelling in or neere the said townes, & by such other psons of worth as shall from tyme to tyme be appoyncted by the Cto'all Court, soe as noe Court shalbe kept without one magistrate att the least, & that none of the magistrates be excluded, whoe can & will intend the same ; yet the Gen^all Court shall appoynct w^ of the magistrates shall specially belonge to eu^y of the saide Court. Such psons as shalbe ioyned as assotiates to the magistrates in the said Court shalbe chosen by the Gen'all Court, out of a greater number of such as the seu'all townes shall nominate to them, soe
^Beoordfl of the Governor and Company of the Massachosetto Bay in New Snglandt Boston, 1863, Vol. I, p. 11.
iU
F72
THREE HUNDRED COPIES PRINTED
NiwcoicB & Gauss, PuNms
SaLBK* MAM4CHUtBTTS
INTBODUCTION
Ths Charter of ** The QoYemor and Company of Maasaohnsetts Bay in New England/' granted March 4, 1628-9, provided that annually there should be chosen from among the freemen of the Company, a Grovemor, Deputy-Goyemor and eighteen Assistants. Among the duties prescribed for this governing body was that of holding
<<ypon every last Wednesday in Hillary, Easter, Trinity and Mich[aelm]as termes respectivelie for ever, one greate, generall, and solempe Assemblie, which foure Generall Assemblies shalbe stiled and called the Foure Greate and Generall Courts of the saide Company."*
For a number of years this Court exercised the entire judicial powers of the Colony but with the increase of population there came a necessity for additional tribunals, and at a session of the Greneral Court held in Boston on March 3, 1635-6, the following law was adopted : —
<< Further, it is ordered, that there shalbe Soure Courts kept eu'y quarter, 1, att Ipsw^, to which Neweberry shall belonge ; 2 att Salem, to w^ Saugus shall belonge ; 3, att Newe Towne, to w^ Charlton, Concord, Meadf ord, & Waterton shall belonge ; 4^, att Boston, to w^ Bocksbury, Dorchest', Weymothe, & Hinghiam shall belonge.
^En^y of their Courts shalbe kept by such magistrates as shal[lbe] dwelling in or neere the said townes, & by such other psons of worth as shall from tyme to tyme be appoyncted by the Gen'all Court, soe as noe Court shalbe kept without one magistrate att the least, & that none of the magistrates be excluded, whoe can & will intend the same ; yet the Gen^all Court shall appoynct w^ of the magistrates shall specially belonge to eu^y of the saide Court. Suchpsons as shalbe ioyned as assotiates to the magistrates in the said Court shalbe chosen by the Gen'all Court, out of a greater number of such as the seu'all townes shall nominate to them, soe
^Beoords of the Governor and Company of the MassachosetfaB Bay in New Xngland, Boston, 1863, Vol. I, p. 11.
iU
IV INTBODUOnON
as there may be in etFj of the said Courts soe many as (with the magistrates) may make fyve in alL Theis Courts shall trie all civU causes, whereof the debt or damage shall not exceede x", & all criminall causes, not concemeing life, member, or banishm^ And if any pson shall finds himself e greived with the sentence of any the said Courts, hee may appeale to the nexte greate Quarter Court, ^vided that hee putt in sufficient caucon to psent his appeale with effect, & to abide the sentence of the magistrates in the said g^reate Quarter Court, whoe shall see that all such that shall brings any appeale without iust cause be exemplaryly punished.
** There shalbe f cure great Quarter Courte kept yearely att Bos- ton, by the Gou'n^ & the rest of the magistrates ; the first, the first Tuesday in the 4th moneth, called June ; the second, the first Tuesday in Septemb' ; the third, the first Tuesday in Deoemb^ ; the fourthe, the first Tuesday in the 1^ mooethe, called Marche. The inferior Courts shalbe kept the 1^, the last Tuesday in June, & the rest the last Tuesday in eu^ of the said mooethes.
^* All accons shalbe tryed att that Court to w^ y* def^ belongs.
''All offenders which shalbe in the prison att Boston att the tyme of any Court there holden, shalbe tryed att that Court, ex- cept in the war^ of his comitm^ hee be reserved to the greate Quarter Court. And it shalbe lawfull for the Grou'n', or Deputy GouV, or any two magistrates (vpon speciall & vrgent occacon), to appoyncte Courts to be kept vpon other dayes then in this order are appoyncted."*
The first session of this Court in Essex County was held June 27, 1636, at Salem. With the continued increase of population there came a demand for more frequent sessions of the Courts and on June 2, 1641, the Greneral Court established four quarter- annual courts as follows : —
<< Whereas it is desired by this Court to ease the countrey of all unnecessary travells & charges, it is ordered, that there shalbee 4 Quarter Courts kept yearly by the ma*'*** of Ipswich & Salem, w*** such others to bee ioyned in comission w^ them as this Court shall appoint, not hindering any other ma*'*** that will help them ; this order to take effect after these next Quarter Courts shalbee ended at Salem & Ipswich, two of these Quarter Courts to bee kept at Salem & the other 2 at Ipswich, the first Court to bee kept the last third day of the T*'' month at Ipswich, (& the rest at the same time the former Courts were), the next quarter at Salem, the 3' q'ter at Ipswich, the 4*^ at Salem, & the ma*'*** of Ipswich & Salem to at- tend every of these Courts, but no iurymen to bee warned from Ip- swich to Salem, nor fro Salem to Ipswich ; to each of these places
^Records of the Govenior and Oompany of the Massachusetts Bay in New £ng]and, Boston, 1868, Vol. I, p. ISO.
IHTBODUCmON V
a grand iuiy shalbee warned once a yeare, & these Courts to have the same power, both in oiyill and criminall causes, the Court of Assistants hath at Boston, except tryalls for life, limbs or banishm^ w^ are wholly reserved to Boston Court ; provided, it shalbee law- full to appeal from any of these Courts to Boston. And it shalbee in the liberty of any plantiffe that hath an action of above one hundred pounds principall debt to try his cause in any of these Courts or at Boston ; the fines of these Courts to defray the charges of the same, & the overplus to bee returned to the Treasurer for the publique. And Salsberry & Hampton are ioyned to the iuris- diotion of Ipswich, & each of them to send a grand iuryman once a yeare to Ipswich.''*
Massachusetts Bay was divided into shires or counties by a law passed May 10, 1643. The territorial limits of Essex County were much as they are at the present time, save that all the towns lying north of the Merrimack river were established as the county of Norfolk, thereby including the towns of Haverhill and Salisbury. Norfolk County was divided into two court jurisdictions, Dover and Portsmouth fuming the northern and the remaining towns the southern.
The Quarterly Courts in the southern jurisdiction were held at Salisbury and Hampton and the records of these sessions are in- cluded in the following pages until Feb. 4, 1679-80 when the towns of Haverhill, Amesbury and Salisbury were placed within the jur- isdiction of the Essex County Courts.
These County Courts or Inferior Quarterly Courts had juris- diction in civil and criminal cases except in cases of divorce and crimes involving life, limb or banishment. They had power to summon grand and petit jurors, to appoint their own clerks and other necessary officers, to lay out highways, license ordinarys, to see that a proper ministry was supported, to prove wills, grant administrations and to have general control of matters in pro- bate. In 1664, they were authorized to admit freemen. In general, they had jurisdiction in all matters not reserved to the Court of Assistants, which was the Court of Appeal. The writs, declara- tions, and other pleadings, complaints, indictments, and course of proceedings in the courts were simple, brief and informal. For the first twenty years the testimony in a trial was written down by the
^Records of the Governor and Company of the Massachasetts Bay In Hew Kngland, Boston, 1868, VoL I, p. 8S6.
Tl IHTBODUCfnOIf
olerk of the oonrt and became a part of the reoorda in the oaae. But in 1850, on aooount of ** the inoonnenienoe of takeinge yerball teatimonyes in Court by reason of many imptinenoyes in theire relations, so that the clarke cannott well make a pfit reoord there- of "* it was ordered, that henceforth all testimony be given in writ- ing to be attested in court if the witness lived within ten miles of it, and before a magistrate, if the witness lived at a greater dis- tance. These statements or depositions went to the jury who re- turned them to the court with their verdict
The records of the Essex County Quarterly Courts for the colonial period (1636-1692) are now preserved in seventeen volumes. There are also copies of Norfolk County records (southern jurisdiction), in two volumes, made in 1852 by David Pulsifer. The originals from which these copies were made are not in the custody of the clerk at the present time and seem to have disappeared.
BSSXX COUITTT QUABTBRLT COUBT BXOOBDS.
InolnilTe dates of records Volmns nombsr
Salem Oourts, 27 : 4 : 1686^ 26 : 11 : 1641, 58 numbered leaves (1)
" «' 7 : 1688— 1:1: 1647-8, 232 •• •' (2)t
<* *' 14 : 0 : 1648— 26 : 4 : 1666, 77 annambered leaves (8)
>' ** 29 : 0 : 1666— 10 : 0 : 1666, 178 nambered leaves (4)
•' ** Jane 26 : 1667— 24 : 4 : 1679, 186 '< ** (6)
<' ** 26 : 9 : 1679— Apr. 24 : 1692, 81 annambered leaves (6)
'' •' 80 : 4 s 1674— 29 : 9 : 1681, 90 nambered leaves (7)t
'• •• Jane 27 : 1682— Nov. 24 : 1686, 166 " «• (8)t
Ipswioh Ooarts» Mar. 81 : 1646— 26 : 7 : 1666, 168 nambered pages (11) ** *• 4:9: 1646|— May 6 : 1668, 76 nambered leaves (12)t
'' " 29 : 4 : 1664— Sept. 29 : 1674, 184 '< «< (18)t
'< '' Sept : 1682— Apr. 20 : 1686, 68 " «' (14)t
'< '' April : 1666— Jane 20 : 1682, 882 nambered pages (— )
« « Sept : 26 : 1682— Mar. 29, 1692, 89 annambered leaves (16)
Births, marriages and deaths, 1664-1691, 60 nambered leaves (19) •« " " •* 1668-1701, 98 «• *« (— )
•« " «« «* 1668-1786,128 " «* (— )
•Records of the Governor and Company of the Massaohnsette Bay in New England, Boston, 1864, Vol. m, p. 211.
tProbably a ** waste book,** i. e. a preliminary, roagh reoord made by the clerk.
|No earlier records of the Ipswich coart have been preserved, save the sessions for 28 Dec., 1641 and 29 Maroh, 1642 which are leoorded in the Ipswich town records.
INTBODITCrnOH yii
KOUrOXiK COITRTT QuABTBUfT COUBI SlGOBDS.
fialisbmy and
Hmmpton Cfonrts, M :7: 164B— Apr. IS : leTO** 70 nmrambered teT« (10)
" " 8 ; 8 : ie7»-Noy. 11 : l(n9, 112 «* «' (17)
Births, marriages and deaths, intentioiis of
marriage, ear marks and strays, 1670-1747, 876 numbered pages (— )
Supplementing the record books kept by the clerks of the ooorta is a large collection of original papers consisting of presentments^ depositions upon almost every conceivable subject, correspondence and documents of greatly varied characteri deeds, wills, invento- ries of estates, contracts, attested copies of records, papers oou- nected with the witchcraft trials, apprentices' indentures, inquests, writs, executions, and papers of every kind connected with the various cases. These papers or files, connected with the Salem and Ipswich courts, are arranged and mounted in fifty-four folio vol- umes and there are two volumes of papers relating to Norfolk County. << Waste books" or books of preliminary records were kept by the clerks and when the entries were transcribed into the books of permanent record, not infrequently a word or a phrase was overlooked or omitted. Such omissions are here included within brackets with proper indications as to their source.
The records and files are here printed in abstracted form, free from needless verbiage, but every essential particular is retained so that the historian, genealogist and sociologist may be assured that nothing of value has been omitted* The subject matter in leaded type above the line, is taken from the clerk's books of records. That below the line, set in solid type, is found in the files. The footnotes appear below. But little attempt has been made to eluci- date the text or the obsolete spelling by means of footnotes, but autograph signatures and seals are always noted. Names and words are spelled exactly as they appear in the original records or files, but they have been indexed under modern spelling when the mod- em form could be determined. Nearly all of the contractions used appear in the original record and are easily understood.
In modernizing the early dates it should always be remembered that previous to the adoption of the Gregorian calendar by Act of Parliament to take effect Sept 2, 1752, the month of March was
•The records of sessions of the court between 8:8: 1654 and April 8 : 1688 are lacking.
Ti nfrrRODUonoN
clerk of the oonrt and became a part of the records in the case. Bat in 1650, on account of ** the inconnenience of takeinge yerball testimonyes in Court by reason of many imptinencyes in theire relationSy so that the clarke cannott well make a pfit record there- of "* it was ordered, that henceforth all testimony be given in writ- ing to be attested in court if the witness lived within ten miles of it, and before a magistrate, if the witness lived at a greater dis- tance. These statements or depositions went to the jury who re- turned them to the court with their verdict
The records of the Essex County Quarterly Courts for the colonial period (1636-1692) are now preserved in seventeen volumes. There are also copies of Norfolk County records (southern jurisdiction), in two volumes, made in 1852 by David Pulsifer. The originals from which these copies were made are not in the custody of the derk at the present time and seem to have disappeared.
Essex County Quabtbbly Court Beoosds.
Indnsiye dates of records Volume number
Salem Oourts, 27 : 4 : 1686— 25 : 11 : 1641, 68 numbered leaves (1)
" «♦ 7 : 1638— 1:1: 1647-8, 232 «« «» (2)t
<* *' 14 : 9 : 1648— 26 : 4 : 1655, 77 unnambered leaves (3)
*' « 29 : 9 : 1655— 19 : 9 : 1666, 178 numbered leaves (4)
«' «« June 25 : 1667— 24 : 4 : 1679, 135 *« " (5)
<' ** 25 : 9 : 1679— Apr. 24 : 1692, 81 unnumbered leaves (6)
'' *' 30 : 4 : 1674— 29 : 9 : 1681, 90 numbered leaves (7)t
*« " June 27 : 1682— Nov. 24 : 1685, 155 •* '« (8)t
Ipswich Courts, Mar. 31 : 1646— 25 : 7 : 1666, 158 numbered pages (11) ** ** 4:9: 1645^— May 5 : 1663, 75 numbered leaves (12)t
" 29 : 4 : 1664— Sept. 29 : 1674, 134 " «« (13)t
*« " Sept. : 1682— Apr. 20 : 1686, 63 " " (14)t
'< '« April : 1666— June 20 : 1682, 882 numbered pages (— )
(« « Sept : 26 : 1682— Mar. 29, 1692, 89 unnumbered leaves (15)
Births, marriages and deaths, 1654-1691, 60 numbered leaves (19) •« " " «* 1658-1701, 98 *' *« (— )
.« i» «« «» 1663-1786,128 «« «* (— )
•Records of the Governor and Company of the Massachusetts Bay in New England, Boston, 1854, Vol. HI, p. 211.
tProbably a <^ waste book,^' i. e. a preliminary, rough record made by the clerk.
fSo earlier records of the Ipswich court have been preserved, save the sessions for 28 Dec., 1641 and 29 March, 1642 which are recorded in the Ipswich town records.
IHTBCNDITOTIOM TU
NOBVOIiK COUHTT QuABTSBLT GOUBT SbOOBDS.
Salisbory mud
Hmmpton Ctonrte, 86 : 7: 1648— Apr. 12 : 1670,* 79 uimiinibeied leAT«t (16)
** ** 8 : 8 : 167^-NoY. 11 : 1679, 112 ** «* (17)
Births, marriages and deaths, intentioiis of
marriage, ear marks and strays, 167(V-1747, 876 numbered pages ( — )
Supplementing the record books kept by the clerks of the courts is a large collection of original papers consisting of presentments, depositions upon almost eyerj conceivable subject, correspondence and documents of greatly varied character, deeds, wills, invento- ries of estates, contracts, attested copies of records, papers con- nected with the witchcraft trials, apprentices' indentures, inquests, writs, executions, and papers of every kind connected with the various cases. These papers or files, connected with the Salem and Ipswich courts, are arranged and mounted in fifty-four folio vol- umes and there are two volumes of papers relating to Norfolk County. ^< Waste books" or books of preliminary records were kept by the clerks and when the entries were transcribed into the books of permanent record, not infrequently a word or a phrase was overlooked or omitted. Such omissions are here included within brackets with proper indications as to their source.
The records and files are here printed in abstracted form, free from needless verbiage, but every essential particular is retained so that the historian, genealogist and sociologist may be assured that nothing of value has been omitted. The subject matter in leaded type above the line, is taken from the clerk's books of records. That below the line, set in solid type, is found in the files. The footnotes appear below. But little attempt has been made to eluci- date the text or the obsolete spelling by means of footnotes, but autograph signatures and seals are always noted. Names and words are spelled exactly as they appear in the original records or files, but they have been indexed under modem spelling when the mod- em form could be determined. Nearly all of the contractions used appear in the original record and are easily understood.
In modernizing the early dates it should always be remembered that previous to the adoption of the Gregorian calendar by Act of Parliament to take effect Sept. 2, 1752, the month of March was
*Tbe records of sessions of the court between 8:8: 1654 and April 8 : 1662 are lacking.
Ti HfTFRODUCmON
dlerk of the oonrt and became a part of the records in the case. Bat in 1650, on account of ^ the inconnenience of takeinge verball testimonyes in Court by reason of many imptinencyes in theire relations, so that the clarke cannott well make a pfit record there- of "* it was ordered, that henceforth all testimony be given in writ- ing to be attested in court if the witness lived within ten miles of it, and before a magistrate, if the witness lived at a greater dis- tance. These statements or depositions went to the jury who re- turned them to the court with their verdict
The records of the Essex County Quarterly Courts for the colonial period (1636-1692) are now preserved in seventeen volumes. There are also copies of Norfolk County records (southern jurisdiction), in two volumes, made in 1852 by David Pulsifer. The originals from which these copies were made are not in the custody of the derk at the present time and seem to have disappeared.
Essex County Quabtbkly Court Bbcosds.
IndnsiTe dates of records Volume number
1686-- 26 : 11 : 1641, 68 numbered leaves (1) 1638— 1:1: 1647-8, 232 " *' (2)t
1648— 26 : 4 : 1666, 77 annumbered leaves (3)
1666— 19 : 9 : 1666, 178 numbered leaves (4)
1667— 24 : 4 : 1679, 136 ** « (6) 1679— Apr. 24 : 1692, 81 unnumbered leaves (6)
>' *' 30 : 4 : 1674— 29 : 9 : 1681, 90 numbered leaves (7)t
*« " June 27 : 1682— Nov. 24 : 1686, 166 " «« (8)t
Ipswich Courts, Mar. 31 : 1646— 26 : 7 : 1666, 168 numbered pages (11) « « 4:9: 1646^— May 6 : 1663, 76 numbered leaves (12)t
" " 29 : 4 : 1664— Sept. 29 : 1674, 134 " «* (13)t
*« " Sept : 1682— Apr. 20 : 1686, 63 " " (14)t
'< '* April : 1666— June 20 : 1682, 382 numbered jMtges (— )
«* *< Sept : 26 : 1682— Mar. 29, 1692, 89 unnumbered leaves (16)
Births, marriages and deaths, 1664-1691, 60 numbered leaves (19) " " " «» 1668-1701, 98 «' *« (— )
« «« c« .i 1663-1786,128 «« •* (— )
^Records of the Governor and Company of the Massachusetts Bay in New England, Boston, 1864, Vol. HI, p. 211.
tProbably a '* waste book,** i. e. a preliminary, rough record made by the clerk.
fSo earlier records of the Ipswich court have been preserved, save the sessions for 28 Dec., 1641 and 29 March, 1642 which are recOTded in the Ipswich town records.
|
Salem Courts, |
27 :4 |
|
7 |
|
|
14:9 |
|
|
29:9 |
|
|
June 26 |
|
|
26:9 |
IHTBCNDUOnOM TU
NOBVOIiK COUHTT QuABTSBLT GOUBT SbOOBDS.
Salisbory mud
Hmmpion Ctonrte, 86 : 7: 1648— Apr. 12 : 1670,* 79 mummbeied leAT«p (16)
*• ** 8 : 8 : 167^-NoY. 11 : 1679, 112 «• «* (17)
Births, marriages and deaths, intentioiis of
marriage, ear marks and strays, 167(V-1747, 876 numbered pages ( — )
Supplementing the reoord books kept by the clerks of the oourti is a large colleotion of original papers consisting of presentments, depositions upon almost eyerj conceivable subject, correspondence and docoments of greatly varied character, deeds, wills, invento- ries of estates, contracts, attested copies of records, papers con- nected with the witchcraft trials, apprentices' indentures, inquests, writs, executions, and papers of every kind connected with the various cases. These papers or files, connected with the Salem and Ipswich courts, are arranged and mounted in fifty-four folio vol- umes and there are two volumes of papers relating to Norfolk County. ^< Waste books" or books of preliminary records were kept by the clerks and when the entries were transcribed into the books of permanent record, not infrequently a word or a phrase was overlooked or omitted. Such omissions are here included within brackets with proper indications as to their source.
The records and files are here printed in abstracted form, free from needless verbiage, but every essential particular is retained so that the historian, genealogist and sociologist may be assured that nothing of value has been omitted. The subject matter in leaded type above the line, is taken from the clerk's books of records. That below the line, set in solid type, is found in the files. The footnotes appear below. But littie attempt has been made to eluci- date the text or the obsolete spelling by means of footnotes, but autograph signatures and seals are always noted. Names and words are spelled exactiy as they appear in the original records or files, but they have been indexed under modem spelling when the mod- em form could be determined. Nearly all of the contractions used appear in the original record and are easily understood.
In modernizing the early dates it should always be remembered that previous to the adoption of the Gregorian calendar by Act of Parliament to take effect Sept. 2, 1752, the month of March was
*Tbe records of sessions of the court between 8:8: 1654 and April 8 : 1662 are lacking.
Vili IKTBODUOnON
the first month in the year and ^ doable-dating" prerailed between Jan. Ist and Bfaroh 24th incloaiyef in each year, so that 31 : 12 mo : 1666-7y when modernized, should read Feb. 21, 1657.
Cordial acknowledgment is due to the Board of Gonnty Commis- sioners for the Comity of Essex, who, appreciating the present and future value of these records, have heartily co-operated by assum- ing the larger part of the cost of abstracting. Thanks are also due to Edward B. George, Esq., Clerk of Courts for Essex County, and to his corps of assistants, for facilitating the progress of the work in every way. The work of abstracting the frequently obscure originals and of arranging the copy has been done by Miss Harriet S. Tapley, but the final proofs have always received the careful in- spection of Sidney Perley, Esq., who at all times has encouraged and aided the work.
Oxonen Fbavod Dow,
Salem, Mass. EdUor.
November 1st, 1911.
SECOBDS AND FILES OF THE QUABTSBLT OOXTBTS OF ESSEX COUNTY, MASSACHUSETTS.
On the oover of the fint Tolnme of reeords 18 written the form of oath for oommissi^men and for oonetaUee, together with memo- randa showing when TariooB oonstables took the oath.
^The Forme of an oath for CommiBsionere : Ton doe heere take God to witness and doe sweare by Us name that in all causes or controrersies that shall oome before yo^ jaa will in Oods feare ose yo^ best skill & abilitye dilligentlie to search out & rightlie to lodge w^Nmt ptiallitie betweene cause and cause & ptie & ptie ae- oording to the testimonie & euidence that is brought before you. so help yo^ God.*'
** The forme of an oath for the cunstables, 28 : 1 : 1637 : Whear- as you are chosen to the office of a cunstable w*^ the towne or liberties of Salem for the space of a yeare un[til a] new be chosen in yo^ roome, you doe heare sweare and take Gkxl to witnes that you will ^thfully serue this Comonwealth in the said office, dure- ing all the said tyme, yo" shall carefullie see to the p^serraco of the peace, you shall arrest all such as in yo' p'sence shall goe about to disturbe the same & cane them to the next maiestrate, you shall duly execute all warrants and comandes delieuered to you from Lawf ull authoritie. you shall endeuor to find out and p'sent ail disorders in comon victualling howsses & all offence of drunken- ness and you shall see that true weights & measures be kept and Tsed by all men in you' towne. so help yo*' Grod."
William Meades sworn constable of Gloster 22 : 9 : 1648. Phillip Virrin sw : x : 2 mo : 1637. Mr. Gardener.
Jno. Alderman sworn 8 : 5 mo : 1639. Gerras Gkurford sworn 13 : 1 : 1639. Edward Tomlins de Lyn sw : 31 : 1 : 1640. Edward Burcham sw : 31 : 1 : 1640. Robt Elwell sworn 30: 4 : 16M.
(1)
2 SALEM QUABTBRLY GOUBT [June
Wm. Lord sworn 1 : 5 mo : 1640.
Joseph Bachler swor of 5 mo : 1641.
Spooner sworn 20 : 8 : 1641.
Mr. Henry Bartholmew 10 : 6 mo : 1642.
Mr. Tho. Venner swor. 10 : 6 mo : 1642.
Mr. Bobert Butten 29 : 9 mo : 1642.
Obediah Brewen 28 : 10 mo : 1642.
Bieh Prence sworn 27 : 10 : 1642.
John Gillo sworn constable 28 : 4 : 1643.
Tho. Tresler sworn constable 4 : 7 mo : 1643.
Moses Maverik sworn constable 26 : 10 : 43.
Walter Tibott for Gloster 2 : 10 mo : .
W. Fisk for Wenam 26 : 12 : 1643 for Salem.
Tho. Edwards 25 : 1 : 1644 for Marblehead.
David Co 10 or 11 : 5 mo : 1644. Qeorg Kesar of Lynn
and James Axe of Lynn.
31 : 10 : 1644 Bichr. Bishop of Salem. Phineas Fisk of Wenam.
Charles Glover of .
Chosen constables and sworn : —
Henry Harwood 7 : 2 mo : 1645 for Salem.
Nathaneell Handforth 10 : 5 mo : 45 for Lyn.
Richard Johnson 8 : 5 : 45 for Lynn.
Jefferey Massy 15 : 2 : 46 for Salem.
Mr. Walter Price 26 : 8 : 1646.
James Moulton, Wenham, 29 : 10 : 1646 .
Andrew Lester, Gloster, 7 : 11 : 1646.
Henry Skerry, constable of Salem.
Mr. Bobt Mansfield and Qeorg Tayler for Lynn.
31 : 6 : 1647, John Sibley, Manchester.
CouBT HXLD AT Salbm, 27 : 4 : 1636.
Present : Cp. John Endicott, Esq., Cp. Nath. Tomer, Mr. Towen- 4ihend Bishopp, Mr. Tho. Scrugge.
The last three above named were sworn as commissioners.
Oom in constable Wood's hands.
Thomas Standley, constable of Saagos, fined lOs. for absence from court.
William Woods, juryman, fined 5s. for absence from court| bat excused by Mr. Humphryes.
1686] BBGORD8 AND FILB8 8
All canoes at Salem , at the north side, ordered to be brought *' the next second day being 4 : 6 mo : 1686» onto the core of the common landing place of the North Biver by €^rge Harris his house ; and those of the south side before the Storehouse in South river/' no canoe to be used under penalty of 40s. to the owner, except those approved by the surveyors, there to be viewed by John Holgrave, Peter Palfrey, Bier. Waterman, Boger Connant and Phillip Yerrin. Fine for neglect, 10s.
Salem watchmen to meet the constable at the meeting house half an hour after sunset and in the morning. Penalty, 5s.
Jnry : Timothy Thomlins, foreman, Jeffery Massie, Lawrence Leech, Daniell Bay, Bier. Waterman, Bier. Bayman, Henry Freake, Boniface Burton, John Woodbury, Tho. Talmadge, John Smith and John Sibley.
Civil cases : —
Phillip Verin v. Francs Perry.
John Symonds v. Bier. Lambert.
Margret Swifte v. Bobt. Cotta.
CouBT HKLD AT Salkm, 27 1 7 1 1636.
Present : Cp. Jno. Endicot, Esq., Cp. Nath. Turner, Mr. Towen- shend Bishopp and Mr. Tho. Scrugs.
Tho. Standley fined 10s. for absence last court ; com in Mr. Wm. Wood^s hands to be attached.
Canoes are to be marked on day to be appointed.
William James and his wife Elizabeth held in 401L to appear at next court in Boston to ^swer for confessed uncleanness.
William Dixie paid 3s. fine for taking 3s. per day. James Smith fined 20s., John Stone and Jno. Sibley fined 3s. each for taking excessive wages.
Thomas Brooke fined lOs. << for being overseen in drink ;" fine paid by his master, who is to be satisfied by Brooke working out of time.
Jno. Adams whipped for running away from his m[a8te]r Thomdik.
Mr. Thomas Scrugs fined 58. for a pound breach.
Jury: Jno. Blackleech, foreman, Charles Gott, Phillip Yirrin, Thomas Gardener, Lawrence Leech, Jeffery Massie, Thomas Smith, John Carman, Bobt Driver, Sarg. Walker, Bobt. Bottfish and Tho. Coldham.
4 SAIiIBi QUABTfi&LY OOVBT [Dm.
Civil cages : —
Bobt Ck>tta y. Sargt Dixie. Assault
Bobt Cotta y. Wm. Jeggle. Assault and battery.
Michaell Sallows v. James Smith. Trespass.
Georg Emerie v. Ben. Felton.
Matthew Weston v. Bichd. Hutohens. Debt
John Stone v. Bier. HoUinworth. Mr. Peters mentioned* John Home and Samuell Archer by the proonrement of Bichr. HoUin- worth to view the trees he felled within 6 days.
John More y. James Smith.
Court hxld at Saubm, 27 : 10 : 1636.
Present : Mr. Jno. Endicott, Esq., Cp. Kathaneell Turner, Mr. Townshen Bishop and Mr. Tho. Scruggs.
Bichard Hollinworth to answer for misdemeanors at the General Court in the Bay. Withdrawn upon his submission, etc.
William Dodg's boy whipped for running away from his master seyeral times.
Jno. Luff to sit four hours in the stocks for resisting constable Weston.
Thomas €kiy presented for defaming John Pikworth.
The worshipful John Humphreys, Esq., fined for absence and not giying warrant to the constable of Saugus to warn a jury to serye the (/ommonwealth this court ; and also to demand fiye shill- ings for Willia Wood. Bemitted 26 : 10 : 1637.
Josua Holgraye ordered to appear for pound breaches.
B. Fogg ordered to collect fines.
Jury : Bobt Molton, foreman, Phillip Virrin, Daniell Bay, Bcr. Waterman, Jeffery Massy, Bier. Baymt, John Hardy, Peter Palfrey, Boger Conant, Law. Leech, Jno. Black and Geo. Willia[m]s.
Ciyil cases : —
John Pike of Newbury, atty., p. Mr. Eson y. Bobert Coles.
John Sweet y. Thomas Bushrode, p. Mr. Johnson's atty.
Thomas Babb, atty. of Xptor Browning y. Hugh Browne.
Tho. Babb y. Thomas Gray. Verdict for plaintiff, 81i. beuer and 4s. costs.
Mr. Babb y. Stukley Wescott
Mr. Babb y. Jno. Pride and Wm« Vinson*.
* John Pride's memorandum, dated Jan. 20, 1636 : — 7 diirts at 4s., IIL 8s. : 1 pair worsted hose and garters, 5s. 6d. ; 4 1-2 yds. rib-
1686] neoBM and fiub 5
Kicr. Saltonatoiiy Esq., and Stephen Apleton^ eac'rs of Sara Dillingham, hy their attjr., Thomas Weld« ▼. ISias Stilman.
GouBT HELD AT Salsm, 28 : 1 : 1637.
Present : Mr. Jna Endioot, Esq., Mr. Jno. Humphrey, Esq., Mr. Townshen Bishop and Mr. Tha Scruggs.
Ahram Whitheare borrowed a oanoe of B. Fogg, which was taken by Gkxxlman Lord's wife, being found upon the rocks by Darbie's fort in danger, and rescued hy Qeorg Wright. Ck>odmaa Lord was ordered to pay fiye shillings to Wright for his pains, and twelve pence to Whitheire for loss of time in seeking it.
Jury : Boger Conant, foreman. Law. Leech, Peter Palfreyi Jno. Woodbury, Daniell Bay and Mr. Tha Bead, all of . Salem, Mr. Moses MaTcrik of Marblehead, Jno. Carman, Gkx)dman Coop, Tho. Gouldham, Tha Hubberd and Bobt Bottfish, all of Saugus.
Civil cases : —
Jno. Gillo of Saugus ▼. Jeremy Willis.
Wm. Hedg v. Ensigns Walker and Mr. Ed. Tomlins.
Willia Comins v. Jamds Smith.
Sdm. Bridgs of Saugus v. Wm. Ballard.
Jno. Pike, atty. for Mr. Eson ▼. Mr. Humphreys, Esq. Debt.
Tho. Pane of Saugus ▼. Kich. Poore. ** j* master to make good lus apparell as good as he found it, & his tyme to begin in England."
Geo. Wright ▼. Cp. Lovell. Jeffery Massy and Bobt Moulton to settle accounts between them.
Abram Whitheare v. Cp. Lovell.
Bier. Beefer v. Qeo. BurrelL
CouBT BXLD AT Salsm, 27 : 4: 1637.
Present: Endicott, Mr. Boger Connant and Mr. Hathorne.
Peter Palfrey's servant Jane Wheat whipped for killing his neighbor's poultry, for lying and loitering and running away from her master.
•
bon, Is. 3d. ; for silk, 8d. ; more ribion, 9d. ; for an iron potte and left to pay for a halyitt, lis. ; lent in mony, 7s. 6d. ; for a pound powder, 2s. ; for Mr. Babb, total, 31i 2d.
More to John Prid : — Muskitt rest bandeler and powder and shot. Hi. 10s. ; for a bible, Ss. ; for a Codd line and 3 hooks, 3s. ; 100 makrill & a qr. 100 Cod fish, 15s. ; 6 yds. fushion, 12b. Total, 31L Cs. In all, 6U. 6s. 2d.
4 SALIBIi QUABTfi&LY OOUBT [Dm.
Civil cages : —
Bobt Cotta T. StugL Dixie. Assault
Bobt Cotta T. Wm. Jeggle. Assault and battery.
Michaell Sallows v. James Smith. Trespass.
Georg Emerie v. Ben. Felton.
Matthew Weston v. Bichd. Hutohens. Debt
John Stone y. Bier. HoUinworth. Mr. Peters mentioned* John Home and Samuell Archer by the procurement of Bichr. HoUin- worth to view the trees he felled within 6 days.
•
John More v. James Smith.
Court hbld at Salbh, 27 : 10 : 1636.
Present : Mr. Jno. Endicott, Esq., Cp. Nathaneell Turner, Mr. Townshen Bishop and Mr. Tho. Scruggs.
Biohard HoUinworth to answer for misdemeanors at the General Court in the Bay. Withdrawn upon his submission, etc.
William Dodg's boy whipped for running away from his master several times.
Jno. Luff to sit four hours in the stocks for resisting constable Weston.
Thomas Qay presented for defaming John Pikworth.
The worshipful John Humphreys, Esq., fined for absence and not giving warrant to the constable of Saugus to warn a jury to serve the (/ommonwealth this court ; and also to demand five shill- ings for Willia Wood. Bemitted 26 : 10 : 1637.
Josua Holgrave ordered to appear for pound breaches.
B. Fogg ordered to coUect fines.
Jury : Bobt. Molton, foreman, PhiUip Virrin, Daniell Bay, Bcr. Waterman, Jeffeiy Massy, Bier. Baymt, John Hardy, Peter Palfrey, Boger Conant, Law. Leech, Jno. Black and Geo. Willia[m]8.
Civil cases : —
John Pike of Newbury, atty., p. Mr. Eson v. Bobert Coles.
John Sweet v. Thomas Bushrode, p. Mr. Johnson's atty.
Thomas Babb, atty. of Xptor Browning v. Hugh Browne.
Tho. Babb v. Thomas Gray. Verdict for plaintiff, 8U. beuer and 4s. costs.
Mr. Babb v. Stukley Wescott
Mr. Babb v. Jno. Pride and Wm. Vinson*.
* Jdm Pride's memorandum, dated Jan. 20, 1636 : — 7 diirts at 4s., lU. 8s. : 1 pair worsted hose and garters, 5s. 6d. ; 4 1-2 yds. rib-
1686] BKOBM ASJ} wnsB 5
Kior. Saltonaton, Esq., and Stephen Apleton, eac'rs of Sara Dillingham, hy their attjr., Thomas Weld« v. ISias Stilmaa.
CouBT HKLD AT Salsm, 28 : 1 : 1637.
Present : Mr. Jno. Endicot, Esq., Mr. Jno. Homphrey, Esq., Mr. Townshen Bishop and Mr. Tho. Scruggs.
Ahram Whitheare borrowed a oanoe of B. Fogg, which was taken by Gkxxlman Lord's wife, being found upon the rocks by Darbie's fort in danger, and rescued by Qeorg Wright. Qoodman Lord was ordered to pay five shillings to Wright for his pains, and twelve pence to Whitheire for loss of time in seeking it.
Jury : Boger Conant, foreman, Law. Leech, Peter Palfrey, Jno. Woodbury, Daniell Bay and Mr. Tha Bead, all of . Salem, Mr. Moses Maverik of Marblehead, Jno. Carman, (Joodman Coop, Tho. Couldham, Tho. Hubberd and Bobt Bottfish, all of Saugus.
Civil cases : —
Jno. Gillo of Saugus v. Jeremy Willis.
Wm. Hedg v. Ensigne Walker and Mr. Ed. Tomlins.
Willia Comins v. Jamds Smith.
Edm. Bridgs of Saugus v. Wm. Ballard.
Jno. Pike, atty. for Mr. Eson v. Mr. Humphreys, Esq. Debt.
Tho. Pane of Saugus v. Kich. Poore. ** j* master to make good lus apparell as good as he found it, & his tyme to begin in England."
Geo. Wright v. Cp. Lovell. Jeffery Massy and Bobt Moulton to settle accounts between them.
Abram Whitheare v. Cp. Lovell.
Bier. Beefer v. Qeo, BurrelL
CouBT HXLD AT Salbm, 27 : 4: 1637.
Present: Endicott, Mr. Boger Connant and Mr. Hathorne.
Peter Palfrey's servant Jane Wheat whipped for killing his neighbor's poultry, for lying and loitering and running away from her master.
bon, Is. 3d. ; for silk, 8d. ; more ribion, 9d. ; for an iron potte and left to pay for a halyittf lis. ; lent in mony, 7s. 6d. ; for a pound powder, is. ; for Mr. Babb, total, 31i. 2d.
More to John Prid : — Muskitt rest bandeler and powder and shot. Hi. lOs. ; for a bible, Ss. ; for a Codd line and 3 hooks, 3s. ; 100 makrill & a qr. 100 Cod fish, 15s. ; 6 yds. fushion, 12b. Total, 31L Cs. In all, 6U. 6s. 2d.
4 SAIilli QUABTfi&LY QOVBT [Dm.
Civil cages : —
Bobt Cotta v. Sargt Dixie. Assault
Bobt Cotta y. Wm. Jeggle. Assault and battery.
Michaell Sallows v. James Smith. Trespass.
Qeong Emerie v. Ben. Felton.
Matthew Weston v. Biohd. Hatohens. Debt
John Stone v. Bior. HoUinworth. Mr. Peters mentioned. John Home and Samuell Archer by the proonrement of Bichr. HoUin- worth to view the trees he felled within 6 days.
John More v. James Smith.
Court hbld at Salbh, 27 : 10 : 1636.
Present : Mr. Jno. Endicott, Esq., Cp. Nathaneell Tamer, Mr. Townshen Bishop and Mr. Tho. Scruggs.
Bichard Hollinworth to answer for misdemeanors at the General Court in the Bay. Withdrawn upon his submission, etc.
William Dodg's boy whipped for running away from Ids master several times.
Jno. Luff to sit four hours in the stocks for resisting constable Weston.
Thomas Qay presented for defaming John Pikworth.
The worshipful John Humphreys, Esq., fined for absence and not giving warrant to the constable of Saugus to warn a jury to serve the Commonwealth this court ; and also to demand five shill- ings for Willia Wood. Bemitted 26 : 10 : 1637.
Josua Holgrave ordered to appear for pound breaches.
B. Fogg ordered to collect fines.
Jury : Bobt. Molton, foreman, Phillip Yirrin, Daniell Bay, Bcr. Waterman, Jeffeiy Massy, Bier. Baymt, John Hardy, Peter Palfrey, Boger Conant, Law. Leech, Jno. Black and Geo. Willia[m]8.
Civil cases : —
John Pike of Newbury, atty., p. Mr. Eson v. Bobert Coles.
John Sweet v. Thomas Bushrode, p. Mr. Johnson's atty.
Thomas Babb, atty. of Xptor Browning v. Hugh Browne.
Tho. Babb v. Thomas Gray. Verdict for plaintiff, 81i. beuer and 4s. costs.
Mr. Babb v. Stukley Wescott
Mr. Babb v. Jno. Pride and Wm. Vinson*.
* John Pride's memorandam, dated Jan. 20, 1636 : — 7 diirts at 4s., lU. 8s. : 1 pair worsted hose and garters, £s. 6d. ; 4 1-2 yds. rib-
1686] BMOBM AND FIUB 5
Kior. Saltonatoiiy Esq., and Stephen Apleton^ eac'rs of Sara Dillingham, by their atty., Thomas Weld« t. ISias Stilman.
Court hkld at Salbh, 28 : 1 : 1637.
Present : Mr. Jno. Endicot, Esq., Mr. Jno. Humphrey, Esq., Mr. Townshen Bishop and Mr. Tho. Scruggs.
Ahram Whitheare borrowed a oanoe of B. Fogg, which was taken by Gkxxlman Lord's wife, being found upon the rocks by Darbie's fort in danger, and rescued by Qeorg Wright. Ooodman Lord was ordered to pay five shillings to Wright for his pains, and twelve pence to Whitheire for loss of time in seeking it.
Jury : Boger Conant, foreman, Law. Leech, Peter Palfrey, Jno. Woodbury, Daniell Bay and Mr. Tha Bead, all of . Salem, Mr. Moses Maverik of Marblehead, Jno. Carman, GkxxUnan Coop, Tho. Couldham, Tho. Hubberd and Bobt Bottfish, all of Saugus.
Ciyil cases : —
Jno. Gillo of Saugus t. Jeremy Willis.
Wm. Hedg t. Ensigns Walker and Mr. Ed. Tomlins.
Willia Comins ▼. Jamds Smith.
Edm. Bridgs of Saugus v. Wm. Ballard.
Jno. Pike, atty. for Mr. Eson t. Mr. Humphreys, Esq. Debt.
Tho. Pane of Saugus v. Kich. Poore. ** j* master to make good his apparell as good as he found it, & his tyme to begin in England.''
Geo. Wright ▼. Cp. Lovell. Jeffery Massy and Bobt Moulton to settle accounts between them.
Abram Whitheare ▼. Cp. Lorell.
Bier. Beefer v. Qeo. BurrelL
CouBT BXLD AT Salkm, 27 : 4: 1637.
Present: Endicott, Mr. Boger Connant and Mr. Hathorne.
Peter Palfrey's servant Jane Wheat whipped for killing his neighbor's poultry, for lying and loitering and running away from her master.
bon, Is. 3d. ; for silk, 8d. ; more ribion, 9d. ; for an iron potte and left to pay for a halyitt, lis. ; lent in mony, 7s. 6d. ; for a pound powder, 2%. ; for Mr. Babb, total, Sli 2d.
More to John Prid : — Muskitt rest bandeler and powder and shot, UL 10s. ; for a bible, Ss. ; for a Codd line and 3 hooks, 3s. ; 100 makrill & a qr. 100 Cod fish, 15s. \ 6 yds. fushion, 12b. Total, 31L Cs. In all, 6U. 6s. 2d.
6 8ALSM QUABTBBLT GOUBT [Oct.
Mr. Woods' servant Isaaok Robinson whipped for running away from his master very often and enticing others to run away.
Nicholas Gary reproved for extreme correction of his maid servant.
John Talbie's wife Dorothy, for frequent laying hands on her husband to the danger of his life, and contemning authority of the court, to be chained to a post, being allowed only to '' come to the place of gods worships," until she repents.
Jury : Thomas Gardener, foreman, John Woodbury, Peter Pal- frey, Thomas Olney, Samuell More, Bichr. Baymt, Thomas Talmadg, Henry Collins, Willia Andrews, Bobt. Driver, Willia ELinge and Bobt Bottfish.
Civil cases : —
William Wood of Saugus v. Thomas Parker. Trespass. Wit : Edw. Dillingham, Jno. Poole, John Carman and Bichard Chadwell.
John More of Salem v. John Gaily. Debt Beferred to the town of Salem.
John Gillo of Saugus v. Christopher Foster, ibid. Debt
Geo. Burrell of Saugus v. Mr. HumphreyCy Esq.
G^rves Garford of Salem v. Geo. Boaps. Debt
William Pester of Salem v. Francs Dent Debt Two cases, both void, not being warned.
William Pester, ibid v. Francs Perry.
CouBT HBLD AT Salkm, 3:8*. 1637.
Present : Endicot, Mr. Jno. Humphreys, Mr. Howe, Mr. Connant and Mr. Hathome.
Marmeduk Bamiston whipped for frequent lying, burglary and running away.
Jury : Bobt. Molton, foreman, John Woodbury, Lieft Daven- port, Peter Palfrey, Edw. Batter, Tho. Olney, Francs Weston, John Balch, Bich. Walker, Bobt. Driver, Willia Woods and Tho. Bead.
Civil cases : —
Bichard Inkersell v. Jno. Norman.
Bobt Moulton, atty. here of Jno. Grant v. Mr. Isaack Allerton.
Archiball Thompson v. Op. Lovell. The latter being absent, attachment made.
Isaac Allerton v. Michaell Lambert
Anthony Golebie of Ipswich v. John Hall of Saugus.
CouBT HBLD AT Salem, 26: 10 : 1637.
Present: Endicott^ Mr. Humphreys, Mr. Connant and Mr. Hathome.
1687] BE00BD6 AND FILB8 7
Margret Weston challenged three of the jurymen of Salem, Jeffrey Massie, Edm. Batter and Anth. Dike.
Jury : Lawrence Leech, foreman, Lieft. Davenport, John Balch, Willia Allen, Eich. Brakenbnry, Peter Palfrey , John Woodbury, Timo. Tomlins, Joseph Armetage, Henry Collins, Jenkin Davis and Bier. Walker.
Civil cases : —
Isaack Allerton v. Mich. Lambert.
Wm. Pester v. Francs and Margret Weston. Defamation.
Lt. How V. Richard Chadwell.
Francs Weston v. John Codman.
William Browne v. J oh. Elford.
Thomas Antram v. Nicholas Cary.
CouBT HXLD AT Saiam, 27 : 1 : 1638.
Present : Col. Endicott, Mr. Humphreys, Esq., Cp. Turner, Mr. Hathome, Mr. Edw. Howe and Mr. Boger Connant
John England whipped for eavesdropping, a common liar and running away from his master Poole of Saugus.
Richard Lambert finedlOs. and to sit in stocks on two public days, to be determined by Col. Endicott, for drunkenness.
Bobt Morgan fined 20s. and Edward Hall, servant to Mr. Freind, fined 10s. for ^ being overseen in drink."
John Stone complains that Bichr. HoU in worth has not satisfied verdict of 1636 ; ordered that the trees be viewed by John Home and Samuell Archer within ten days, at the charge of Hollin- wortlL
Thomas Fblj sued Mr. Elias Stilman. The latter allowed 5s. for loss of time and witness, Faj not prosecuting against him.
Thomas Gray to sit in stocks two hours and Abram Whitheire one hour for misdemeanors.
Jury : John Woodbury, foreman, Lawrence Leech, Peter Palfrey, Jeffery Massy, Bichr. Davenport, Thomas Venner, (}eo. Norton, Joseph Bednap, Francs Lightfoot, Thom. Parker, Willia Hedges and Jno. Bamsden.
Civil cases : —
Wm. Swifte v. Bichard Hollinworth. Debt
Mrs. Daniell v. Bichard Beckly.
Abram Warren v. Peter Buscott.
Jacob Chapman of Boston v. Edmund Audley. Debt.
8 SALEM QUABTEBLY OOUBT [Jnne
CouBT HSiiD AT Salbm, 26 : 4 : 1638.
Present : Col. Endicott, Mr. £dw. Howe, Mr. Willia Hathome, Mr. Willia Ballard and Mr. Boger Connant
Mr. Barren fined lOlL and to sit in stocks at Lynn next train- ing day there for uncleanness, etc.
John Legg, for uncleanness, to sit in stocks one hour at Salem and one hoar at Lynn tomorrow being training day, with said Barrell, and make confession on the Lord's day after Charch meeting and blessing pronoonced.
Willia Edmonds' wife to confess her sin before the congregation.
Eobt. Key for unseemly behavior toward Goody Newell to sit in stocks at Lynn one hoar with her, and one hour at Cambridge before Lecture on 4th day of next month.
Marmeduke Barton, servant of Francs Weston,^ to be whipped and a lock put upon his foot for running away from his master and filing off his lock, unless Col. Endicott see cause to release him.
Peter Buscott, smith, to sit in stocks one hour for contemning authority of court.
Elias Stilman fined 5s. for absence from jury.
Thomas Oliver and his wife Mary held in 201L to answer at Boston.
Jury : John Woodbury, foreman, Jeffery Massy, Law. Leech Peter Palfrey, Elias Stilman, Thom. Venner, Willi. Allen, Rich. Baymt, Henry Feack, Willi. Wood, Joseph Armetage and Bioh. Johnson.
Civil cases : —
William Vincent v. Michaell Lambert. Slander. *' Tho : Chadwell being absent Court Lett fall."
John Leech and Wm. Vincent v. Jde. [Jno.] Pride. Slander. ''Let fall " for want of testimony.
Wm. Browne v. Tho. Scruggs. Debt.
Mary Maxell v. Creo. Burrell.
Michaell Sallows v. James Smith. Defamation.
Willia Pester v. Eich. Lambert Debt.
Edm. Grover v. Tho. Scruggs and Wm. Alford. Verdict for plaintiff, seventeen bushels com at harvest
Antho. Buxton v. John Pride. Debt.
James Smith v. Peter Buscott.
Tho. Oliver v. Peter Buscott Debt.
1688] BBCOBD6 AKD FILBB 9
CouBT HSLD AT Salkx y 26:1 I 1688.
Present : Col. Endioott, Mr. Howe, Mr. Connant, Mr. Ballard and Mr. Hathome.
Dorathy, wife of John Talbie, whipped for misdemeanors against her husband.
** The right worshipl CoUoneU John Endioof s " servant William Poole whipped for nmning away from his master and to do twelve months* service to said master.
Jnry : Lieft. Davenport, foreman, John Woodboiyy Je&etey Massy, Phillip Yirrin, Jacob Barney, Peter Palfrey, Ensigne Beade, Nicholas Browne, Henry Collines, Joseph Armetage, Bichaid John- son and Joseph Bedkapp.
Civil oases : —
[Nathaneell Skinner of Lin v. Benjamin Parmenter.
Mr. Honlgrane v. Tho. Honse.
Jno. Pride, pottor, v. Anthony Buxton.
John Harison v. Mr. Jno. Hawes and Mr. Hawks. Peter John- son was a witness.
James Haines v. Mr. Howes and Mr. Hawks.
Issac Disberoe of Lynn v. Ann Burt — fVaste Book.']
Bobert Quodnam v. Henry Harwood.
Mr. Haugh v. Cp. Tamer. Debt.
Bichard Chadwell v. Daniell How. De&mation.
Mr. Houlgraue v. Tho. Howes. Trespass.
Abram Temple v. ^ye worshipful mr John Humphreys, mr. Hows & mr Hauks." Trespass by their horses. Verdict for plaintiff, two bushels com and 5s.
John Pride v. Anthony Buxton.
Hugh Browne v. Tho. Howes. Trespass.
Stephen Batchler v. Bichard ChadwelL Debt
James Molton v. Mr. Howes and Mr. Hauks. Trespass.
James Hinds v. Mr. Hows and Mr. Hanks. Trespass.
Henry Skerry v. Mr. Howes and Mr. Hauks. Trespass.
CouBT HKLD AT Salbm, 25 : 10 : 1638.
Present : Col. Endicott, Lt Col. Winthrope, Mr. Hathome and Mr. Connant.
Bichard Graues and Peter Busgutt indicted for breach of the peace. Graves to sit one hour in stocks for beating Busgutt in his own house, and Busgutt whipped for contemning court and Mr. NewelL
10 SALEM QUABTERLY COURT [Mar.
Mathew Beade, aervant to Mr. Gharls Grott, severely whipped for drunkenness on the Lord's day, pilfering from his master, etc.
Jane, wife of Joshua Verrin, presented for absence from reli- gious worship. Mr. Peter requested time to confer with her again.
Jury : Liefte. Davenport, foreman, John Woodbury, Jeffery Massy, Jacob Barney, Ed. Batter, Lawrance Leech, John Balch, John Smith, Joseph Armetage, Thomas Parker, Willia Knight and Jarrett Spencer, the last five being of Lynn.
Civil cases : —
John Freind v. Hugh Browne. Debt
G^org Ghing of Marblehead v. Peter Busgut.
John Earington of Lynn v. Jno. Hale. Trespass.
Isaack Disberoe v. Ann Burt She was absent, and her husband Hugh Burt answered for her.
Francs Linford, by his attorney Tho. Brook v. Hugh Norman. Debt
" The worship" Jn<» Humphreys EsqV* Jno. Winthrop, Esq., and Mr. Hugh Peter v. Phillip Kertland ; action of lOli. debt due to Francs Dent
Biohard Graves v. Peter Busgut, two suits. Defamation.
Sargant Dixie v. Geo. Wright and Bich. Graves. Trespass. Wright sent confession which was published 1 : 2 mo : 1640.
William Vinson v. Geo. Willia [ms].
Isaack Disberoe v. Hugh Burt Defamation.
Bichard Hollinworth v. Baph Ellinwood. Trespass.
L»ack Disberoe v. Nath. Kertland.
Baph Fogg V. Ensigne Bead. Trespass. His horse eating up the hay grass of B. Fogg.
Worshipl. Jno. Humphrey, Esq., had attachment against person of Peter Busgutt.
CouBT HELD AT Salbm, 26 : 1 : 1639.
Present : Colonel Endioot, Mr. Hathome and Mr. Connant Jury : Jno. Woodbury, foreman, William Clarke, Henry Bird- Letter of John Lyon dated, Marblehead, Feb. 16, 1638, and ad- dressed to " Bight worshipf ull,*' on file.
Court willed Jno. Lyon,* Jno. Haidy and Geo. Vicass to certify what was in their hands 25 : 1 : 1639. Ordered for Tho. Tuck in part payment of his dues. ^Autograph.
1689] BEC0KD8 AND FILES 11
sail, Jno. Holgrave, Joseph Batohler, Georg WiliiamSy Peter Woolfe, Joseph Hermitafi^ey Bichard Johnson, Francs Lightfoote, Bobt Driver and Eobt Parsons, the last five being of Lynn.
Civil cases : —
William Vincent v. William Bennet
Abram Temple v. William Browne. Debt. Two suits.
Willia Browne v. Abram Temple.
GouBT HELD AT Salbm, 25 : 4 : 1639.
Present : John Winthrop, sr., Gov., John Endecott, Col., John Winthrop, jr., Lt. Col., John Humphreys, Esq., Emanuell Downing, Esq., Mr. Thomas Willes, Mr. Willia Hathome and Mr. Edward Holliocke.
Hope, an Indian living with Mr. Hu. Peter, whipped for run- ning away and being drunk.
Edm. Audley to answer charges.
Abram Warren bound to good behavior for twelve months.
Mr. Anthonie Thatcher complains that Jane James took things from his house. She and her husband Erasmus James bound for her good behavior. <' The boys to be whiped by the Governor of the Familie wher the[y] had o£Fended."
Mr. Gorvas Gkurf ord hired a cow of John Pease for a year ; Pease being then absent, Garford was ordered to keep the cow till Pease returned.
*'mF Holliock in behalf of the Lord Brooks, by m' Ballards agreem^ ordered to pay 50s. per hire of a yoke of oxen for 3 months to Bich' Hutohenson."
Jury : Lieft Davenport, foreman, Bobert Molton, John Alder- man, Jeffery Massy, Jacob Barney, Georg Norton, John Gidney, Bich. Sadler, Thomas Layton, Joseph Armetage, Jenkin Davis and Francs Lighfoot, the last five being of Lynn.
Civil cases : —
[Georg Boaps v. Elias Stilman, sr. — Waste Book.']
John Pickeringe of Salem v. Bichard Lambert.
Phillip Verrin v. Joseph Pope. Bef erred to Mr. Hathorne and Mr. Sharpe to audit the account.
Francs Perry and Jane Perry v. Phillip Virrin and wife Dorcas. De&mation. Free release on both sides procured by motion of the Governor.
John Tarbx v. Daniell Salmon. Debt
12 8AI4BM QUAfiTBBLr OOXTBT [Sept.
John Leeoh ▼. John Ptide. Debt
John Leech v. Bier. Graves. Lt. Col. Winthrop promises to pay the debt if Grayes acknowledges it
John Humphreys, Esq. ▼. Ed. Audley. • John Goit t. Isaaok Disberoe. Debt. Elizabeth Pitt ▼. Daniell Salmon.*
CouBT HBLD AT Salem, 24 : 7 : 1639.
Present : Colonel Endecotty Mr. Emanuell Downing, Mr. Wm. Hathome, Mr. Edw. Holliooke and Mr. Tho. Willes.
Edward Andley fined 20s. for baying a sow fraudulently.
Mary Olliver sentenced to prison at Boston indefinitely for her speeches at the arrival of some new comers. She to be taken by con- stables of Salem and Lynn to the prison at Bostoi. Thomas GUiyer bound in 201i. for his wife's appearance at next court in Boston.
George Harris fined 6s. for stopping poundage of swine.
Jury : Lief tenant Davenport, foreman^ Bobt. Molton, Thos. (hardener, Jervas Garford, Jefferey Massy, Thomas Fenner, Boni- fac Burton, Joseph Armetage, Francs Lightfoote, Jtrret Spmicer, Michaell Spencer and Richard Johnson.
Civil cases : —
[Jno. Woodbury, Peter Palfrey and John Balch v. Elizabeth
Babson.
Edmund Audley v. Edward Burcham. Slander. — Waste Book.'] Thomas Olliver v. (}eo. Harrys. Trespass, ** aoording to ord.
of Towne, Jn** Woodberry, tres.'*
Joan Tapp v. James Smith and wife. Defamation.
Thomas Couldham of Lynn v. Thomas Scire of Lynn. Trespass. Wit : Josias Stanborough and Boniface Burton.
Hugh Burt of Lynn v. Isaack Disberoe.
Jeffery Estie of Salem v. Bier. HoUinworth. If Estie does not pay for the time in five weeks or the other accept his boat, court to give execution.
Edmund Thomps<m v. " The wo'p* Jn® Humphreys Esq'." Wit : Jno. Abbie and I^miell Fairefield ; ** by warrant, Jn® marston Laun- slot West Jn^ more, and Jere : Vale.'* Granted attachment of 91L 16s. on Mr. Humphreys.
^Elizabeth Pitts* was of Dorchester. She signed a receipt for (Hi : 10b. on 21 : 9 mo : 1639. •Autograph.
1689] BBOOAM AND WILSA 19
Joha Piokering ▼. Bichaid Lambert. Debt James Moulioa ▼. ^ y« wo'p^ Jn® Humphrey Esqnir." Tte^igtifm* James Vnderwood r. **j* wo^p^ Ja® Humphrey Esq." TrespasSy sixteen bushels of com spoiled. Mr. Humphreys being abseat aud no attorney appearing, court granted attachment of 91L ISs. for James Moulton and 51i. Ts. for James Underwood. John Prid v. Wm. Vinsent. Prid to have 2s. for a day's work.* Bier. Ink^sell v. Jacob Barney. Upon motion of Colonel Ende- ootty JefiFery Massy and others ordered to lay out lands of defen- dant.
Daniell Salmon's person to be attached for a debt Joseph Ar- metage and Garret Spencer bound that he pay Mrs. Pitts.
CouBT HELD AT Salxm, 31 : 10 : 1039.
Present: ColoneU Endecott, Mr. Ema. Downinge, Mr. Wm. Hathome and Mr. Edward Holliock.
Mr. Phillip Verrin t. Joseph Pope, continued.
Abram Whitheire and Jno. Legg bound in 201L for their wives' good behavior.
" y* wo'p^ Jn® Humphreys Esq' '* ▼. Thomas Chubb.
John Webster and Thomas Oddingsall, witnesses in case con- cerning Mioha Iyer, fined Ss. each for absence.
Roger Scott bound in lOlL for good behayior.
Constable at Lynn ordered to arrest Joseph Garlik and Thomas Mercer, and if they do not give bonds to take them to Boston goal.
[Francis Felmingham v. Francis Skerry. — Wtuts Book.']
** The wo'p^ m' Em : Downing" complained of Tho. Sams for speaking to his maid servant without her master's or mistress' consent, for coming unseasonably on Lord's day and in nights, for being contracted without consent of his master or mistress by Wm. Allen with their lies in presence of Jno. Balch and Mr. Ja. Downing. To sit in stocks one hour.
(Soodman Witter [Winter. — Wtute Book.'] v. Jno. Pickering and Sam. Bennet
*Bill in favor of John Pride. 6 yds. can vis, 12s. ; new shirt, 6s. ; «< for about what I stands bound to Mr. Walton," 10s. ; left to pay of a debt of 41L 10s., 10s.; 2 weeks' work with John Leach, 1^ ; to Mis. Goose, 2s. dd. ; 1-4 of hundred of lead, 9s. ; oanvis drawers, 2s. Total, 21L 14s. Sd. << wh. he pd my moth', 6s."
14 SALBM QUABTBRLY COURT [DeC.
Jury : Lieft. Davenport, foreman, Edmund Batter, Lawrence Leech, John Sanders, Jeffery Massy, Richard Brakenbury, John Sibley, Edward Howell, Eichard Sadler, Richard Walker, Joseph Floyd and Henry Collins.
Nich. Browne, constable, had charge of the jury.
Civil cases : —
Hugh Burt V. Isaack Disberoe. John Farington, surety.
Edmund Thompson v. " the wo'p* Jn** Humphreys, Esq'." Defendant's witnesses: Edward Eichards, Jno. Abbie and Daniell and Jno. Flute who said that he drove out eight Marblehead cows and eight calves from Mr. Thompson's. Mr. Stephens' (of Marble- head) boy or Mr. Maverik " fetched them away.''
James Molton, v. . [Henery Stephens testified that
he had seen two black cows and one branded in Goodman Molton*8 and Mr. Tompeon's com, and had seen Mr. Felmingham drive them often. Edward Eichards testified that the year before he had seen cows owned by Marblehead men in Goodman Molton's com. — Waste Book.^
James Vnderwood v. Mr. Humphreys.
Mioha Iver v. Tho. Tuck. Slander. Wit: Jno. Cook, Mr. Clark's man, Charls Turner and Mr. Fester's man. John Webster and Thomas Oddingsall, absent witnesses.
Micha Iver v. George Dill. Defamation.
George Dill v. Micha Iver. Slander; ^'caling him drunken slave, & y^ be would marke him for an ould Eoage."
Abram Whitheire v. Jno. Legg. Trespass. To be determined by Mr. Moses Maverik.
Abram Whitheire v. John Legg and wife. Slander.
Erasmus James v. John Legg and wife. Defamation.
Phillip Kertland v. Geo. Keysar. Verdict for plaintiff, four acres of land due by ye bounds trespass 12d. and trees felled. [Jos. Pope and Hugh Burt, witnesses. — Waste Book.']
Georg Keyser v. Jno. Pickering. Wit: Timothy Tomlins and Ensigne Walker.
William Fisk v. Wm. Pester.
William Ivory v. Eoger Scott. Defamation.
Tho. Tuck V. Micha Iver. Slander, viz : « y^ he war drunok, respited a little."
Adam Hauke v. Mr. Bridgs.
1689] BBCOBDS AND FILES 15
CouBT HBLD AT Salsm , 1 and 2 : 11 : 1639.
Barbery, wife of [Edw. — Wciste Book.'] Clark, to be whipped for unchaste words, etc. ; and is '* not to bane to doe w^ this man Joans."
Joanes (who is a married man) to be set in stocks one ho>ir for drunkenness, and fined lOli. for his carriage with the said Mrs. Clark. Neglect to pay, to be severely whipped. [Wit : Elizabeth Oliver, Barbery Pearce and Thomas Oliver. — Wtute BookJ]
Charles Tomer fined 51i. for &lse swearing. Wm. Pester, security.
Mr. William Pester admonished for excessive drinking. [Susan Stakhouse deposed. — Waste Book.]
Mr. James Downing admonished to take great heed of such com- pany. He manifested great remorse which gladdened the hearts of his friends.
Mr. Jno. Holgrave presented by grand jury, but nothing proved; ^ to draw a note hear of & send to Boston to clear his name." [Mrs. Holgrave said that Oeo. Dill came '* to Mr. Holgraves for 2 or 3 qts of wine. She gave liberty for 1 qt. & he went to Lydia & said they gave leave for 3 qts." — Waste Book.]
Micha Iver bound in 20IL to answer Tho. Tuck at Boston con- cerning money that Tho. Tuck wants. ^See Jn^ Cooks deposi- tion." Thomas Tuck bound to prosecute. [Said Iver was strongly suspected by Thomas Tuck and others of taking away certain silver. — Waste Book.]
Geo. Dill fined 40s. for " drunkenes, & to stand att the meet- ing hous doar next Lecture day, w^ a Clefte stick upon his Tong, ft a pap[er] vpon his hatt subscribed for gross | p'meditated |. Lyinge." Mr. Humphreys' security.
Jno. Cook same as above. His master Clark to pay. Neglect to pay, to be whipped.
Tho. Tuck same as above, except the paper is to be marked simply <' for Lyinge," and <' noe cleft sticks on his tong."
Micha Ivers same as Tho. Tuck. He places as security his lot in the cove near Mr. Holgraves, by Dixies, also one-half an acre of land upon the neck toward Winter harbor that he bought of Geo
Dill.
[« If any of the Towne shall know any person that shall live out of a pticular calling shall informe the Graniury that the[y] may pceed ageanst them." — Waste Book.]
16 8ALSM QUARTERLY OOUBT [Mar.
Court hrli> at Salxm, 31 : 1 : 1640l
Present: CoL Endeoott^ Jno. HnmphreySy Esq^ Mr. SmaL Downinge, Mr. WilL Hatiu^ne and Mr. Edward HoUiook.
Arthur Sandin appointed to keep an ordinary at Marblehead until ye (General Court.
Thomas Gray of Marblehead oonvieted of drunkenness on testi- mony of Mr. Wm. Walton and Phillip Choppin. Beoognized to answer in court at Bostcm.
Tha Meroer and Joseph Qarlike to answer at next court for misdemeanors.
Constables of Salem and Marblehead ordered to arrest and com- mit to gaol in Boston, Wm. Maid and Tho. Ashley to answer at next court in Salem to Jno. Bible in debt and for absence from court.
Mr. Clarke refers himself to next court about fine of his servant Jno. Cooke.
Mr. Humphreys, Mr. Thompson and Marblehead men also to produce witnesses about trespass in Mr. Tomp#on's corn by cattle of Marblehead.
<< Francs Nurse a youth for stealing of yictualls & for suspition of breaking a house."*
All or both the Smiths, Mr. S. Smith, James Smith, sr., and his son James Smith, jr., to answer, etc., next day. James, sr., recognized for appearance of James, jr., at next court for contempt of court, departing without leave ; and James, sr., and his wife Mary recognize for his appearance at next court for theft [Georg Harys testified that young James Smith ** stole pouder wch was found in his pockett" <<Collonel Endecot Doth revoke any good testimony that he hath given of him for he now finds him not worthy any good report.'' Thomas Skiling accused James Smith, sr., of saying that this court was partial, and he must go to Boston court to get justice. Mr. Smith and his son testified against James, sr. James Smith, jr., '< Confessed y^ he had taken a little p^ of baoo in the' old house when Goodman White lived there and 2 qts. of English meale & about ^li. of suet. Also a peece of Cheeoe, but I am oleare of anything that the acuse me of." The 5s. gold he had of his mother and three half crowne pieces from Sam. Eabome. Jna Bickett deposed against him saying that
•This is crossed slightly.
1640] BBOOBDS AND FILC8 17
Smith told him that he bought 21L of suet of White's wife, pay- ing 7d. per IL, and about a pound of-«oheese. Toung James Smith confessed << he spent a pint of wine att wind milL" Sam Eabome produced a witness named Thomas Bays. Both fined for theft — Waste Book.^
Abram Whitheire and wife and Jno. Legg and wife discharged.
** The worshipl Jno Humphreys Esquir" t. Tobias Hill and wife. Debt
John Stone ▼. Jno. Lufif. Mr. Jervas Oarfordand Jeffery Massy to end it
Tobias Hill recognized for his wife's appearance. [Benjamin Parmiter and Eicr. Uzald testified that it was an ordinary thing for Tobias Hill to profane the name of God. Jno. Bratley was another witness. '* Jn\ Woodburys man said that £dward B' M* Connants & man W"' Wellman a boy did hear Tobias Hill say y^ he had ynough of his wyf now,y^ he could spare his wyf to any in the Towne now for 3 or 4 days. And m' waltham & mF Maverik report y^ one philip Bear^ doth usually frequent the house of this Tobias Hill, & lives dissolutely." Phillip Beare, being ** Tehementlie sus- pected fo' yncleanes & inordinat Liveing by making disention ft discord in the house of y* s^ Tob. Hill," is ordered to keep away from Hill's house and wife. — Waste Book.']
Charls Turner to answer next court.
Jury : Lieft Davenport, foreman, John Woodbury, Will. Lord, .Tho. Venner, Edm. Batter, Jeffery Massy, Edw. Tomlins, Wm. Knighte, Nicholas Potter, Edward Burcham, Wm. Longley and Jenkin Davis. [The last six from Lynn. — Waste Book."]
Civil cases : —
Samll. Eabome v. Ja. Smith, jr. Burglary, for stealing 10s. out of his house.
Sam Eabome v. Mary Smith, sr. Defamation.
Sam Eabome v. James Smith, sr. Slander.
Samuell Smith v. James Smith, sr. Theft
Sml. Smith v. Mary Smith, sr. Suspicion of felony.
John Bible v. Wm. Maide and Thomas Ashley. Nathaneell Pitt- man testified that defendants had warrants for their appearance under Mr. Winthrop's hand.
Henry Addis v. Joseph Roots.
18 8ALEM QUABTBBLY COUBT [June
CouBT HELD AT Salbm, Judo 30, 1640.
Present : Colonel Endeoott, Mr. Jno. Hnmphreys, Mr. Em. Downing, Mr. Wm. Hatiiome and Mr. Tho. Willis.
Bicliard Gell, an apprentice boy unto Mr. Jno. Yongs, sentenced for burglary on Lord's day and stealing, to be *' severli whipped tomorrow being Lecture day & to sett an bower before the Lecture w^ a pap[er] writt and sett ypon his head for breking a hous, stealing, etc. on the Lord's day."
Mr. Pester became surety for Charls Turner's fine.
Will of Bethia Gartwright of Salem, deceased, dated May 2, 1640, proved June 30, 1640. No executor being named, John Jackson is appointed administrator. Oeorg Norton had expended about 51L under the deacons' hands during her sickness, which is to be paid him, the coat mentioned in the will to be made a part of it Norton's man attended her.*
On behalf of Thomas Tuck attached 26s. of William Hilton's in Mr. Pester's hands.
Tobias Hill cleared out, being in debt, and Mr. Moses Maverick and Mr. Wm. Pester, two creditors, were appointed receivers. [Tho. Venner is to have an attachment of 8s. of Hill's goods in Mr. Pester's and Mr. Maverick's hands. Mr. Stilman propounded a case of some meadow and marsh land. — Wcute Book.^
Mr. Willia Brown's goats came near Mr. Batter's farm, and Mr. Verrin's maid set a little dog on them. Mr. Batter's great dog fell upon the goats and killed one. Mr. Batter was ordered to pay for the goat.
*She bequeathed ** my bed, my bolfl(ter and two pillow-beres with a blancet and a coverlet unto Elizabeth Capon my sister in walders- wick in Su£F item I give unto Mary Norton the wife of Georg Nor- ton in Salem my best coat, item I giue unto my sister above said thre peuter platters and a double saltseller, item I give vnto John Jackson the son of John Jackson half a dozen spoones and a por- renger, item I give unto Margret Jackson the wife of John Jack- son of Salem my box of linning, with a payre of shetes, item I will that fower payer of sheets be sold to pay pt of my debts, item I give unto Elizabeth Kellem a sarg wasot. Item I give unto John Jackson aforesaid my bible, item I will that my two best death wasootes to be sold as my shets aforesaid. Item I give unto Eleza- beth Nicksone my payer of Anderens, item I will that my napkins and bord cloatlui to be sold as my wascots aforesaid." Wit: ^Elizabeth Nickson* and Thomas Warren.*
^Autographs.
1640] BBOOBDS AND FILES 19
William James was fined 40s. for ** proud peremptory carriage against the court" He had some money in Mr. Buck's hands, 1642.
James Smith, jr., to be severely whipped for filching and steal- ing and disobedience and stubbornness to his parents.
James Smith, sr., fined lOlL for charging the court with partiality.
Joseph Gkurlick fined 40s. for drunkenness, and being indebted to Mr. Moses Maverick 31i. and Mr. Holgrave 15s., he is ordered to serve Maverick 12 months for the value of 121i. and 15s. to Holgrave.
** John Webster the Baker admonished for brewing and tiple- inge."
George Dill commanded to pay his fine of 40b. in weekly pay- ments of 66. to ^ mee B : Fogg."
Mr. William Pester and Georg Wathan dispute about one acre of ground and a garden, — two indifferent men to be appointed to say what Fester shall give Wathan, and if Pester '< can prove ag* Thomas Chubb he may recover of him."
Mr. Jno. Holgrave acquitted of his presentment for drawing wine.
William Lord, constable, ordered to keep weights and measures.
Jury: Lt Davenport, foreman, Henry Bartholomewe, Jacob Barney, John Gidney, Edmund Batter, Peter Palfrey, Georg Nor- ton, Bichard Brakenbury, G^rg Tayler, Bobt. Driver, Christopher Foster and Thomas Layton.
Civil cases : —
John Holgrave v. Jno. Pride. Cutting down fence on highway.
Bobt. Codnam v. Bichr. Cook of Marblehead. Debt
Daniell Salmon v. " y* wo'p^ Jn** Humphrey Esq'." Debt
John Luff V. Jno. Bullfinch. Debt.
Augustin Calem, goat keep, v. Mr. Connant and others.
Greorg Wright v. Edward Barton. Debt.
William Lord, Francs Felmingham and Jno. Pickeringe, attor- neys for Thomas Burwood and Xptor Berry v. Thomas Oliver. Oli- ver to pay 22li. within 10 days, and the house, ground and fruit to be his, or '< to reenter the house and Oliver to pay 61i. and himself to have the fruit."
William Towne v. Jno. Cook. Debt. To measure Cook's land, and if 5 acres be remaining to make up Town's land, to pay the latter 5 marks, etc.
30 8ALEM QUARTERLY OOXTRT [Sept.
[Henry Aldis t. Francs Perry. Debt Defendant absent, Mr. Browne, his attorney. — Waste Book.']
Court held at Sai«em, 29 : 7 : 1640.
Present : Colonel Endecott, Jno. Humphrey, Esq., Emanuell Downing, Mr. Tho. Willes, Mr. Wm. Hathome and Mr. Edw. Holliock.
John Cooke, servant to Mr. Wm. Clark of Salem, to be severely whipped and have a shackle put upon his leg for resisting his mas- ter's authority, for most desperate speeches touching his appearance in court, pointing his hand at his side saying, ** You shall see a hole here first," & if he were in hell he should have more company, for theft, etc. Mr. Clark and sister Clark testified that they were in danger of their lives, and fearful of their children in point of lust. [John Pearce, Mr. Batter's man, counselled him not to take correc- tion from his master. Pearce was sent for. — Waste Book."]
Marmeducke Barton, servant to John Home, for running away and pilfering, to be severely whipped. [He acknowledged that he went into two houses on the Lord's day and took half a cheese and a piece of cake out of Goodman Gouldsmith's and ate it, and also a knife and a little milk. '< The other house was neare the great Cove where I took nothing. Mr. Jno. Home desired the eourf s mercy and favour in behalf e of his servant" — Waste Book,"]
Mary Boutwell (also Boudwell) of Lynn, for not working, and living idly and stealing, '' taking away oth'* victualls p'tending Comunitie of all things," sentenced to be whipped, but through clemency only admonished. [Her brother testified that she threw beans to swine when milk should have been given them. — Waste Book.]
Captain Traske admonished to be more careful about grinding and toll-taking. Bichr. Inkersell testified that he had grists weighed before Lawrence Leech, a grandjuryman, before they went to mill, and when they came back they were much short of weight wanting in two grists 71i. each and 51i. in another, besides being badly ground. Others testified. Bichard Inkersell to have satis- faction.
Allen Yewe and William Beeves to answer at Boston for mis- demeanors. [ Wm. Beeves witnessed that Yew was " something in drink." John Bartoll said that he was dnmk and fought. — Waste BookJ]
1640] BB00BD6 AND FILK8 21
Bobert Adames to be set by the heels in the stocks for being uncharitable to a poor man in distress, taking his canoe, for charg- ing court with injustice, eta [Bier. Boots testified that he and Skudder took Adams' canoe on the Lord's day but did not take it over. — Waste BookJ]
Jno. More, Joseph Garlick and Barton for slandering John
Hardy, etc., continued.
Willia Bowdish summoned as a witness by John Stone, having lost a good part of two days, to have five shillings.
John White to be paid for bacon, cheese and suet stolen from him by James Smith, jr. Warrant delivered to Jno. Woodbury.
Jury : Lt. Davenport, foreman, John Alderman, Bobt. Moltoo, John Woodbury, Peter Palfrey, Henry Bartholomewe, Tho. Lay- thorpe, Tho. Smith, Boni&ce Burton, Joseph Floyd, Francs Ligh- foote (also Lightfoote) and Henry Collins, the last four being of Lynn.
Civil cases : —
Jacob Barney v. Bichard LdkerselL Feeding cattle in his marsh. Verdict: Two loads of hay at water side as convenient as his own
John Bradshawe v. " y* wo'p* Tho : WUles." Debt Verdict for plaintiff, his wages accmling to agreement.
John Checkley v. Josias Standborow. Plaintiff promises to act as attorney for Mrs. Fitner (also Fitney) in later suits. [Mrs. Fitner's book showed Standborow debtor to her in 51L 7s. 2d. Mr. Corwin, Tho. Silsbee and Tho. James deposed that Mr. Stan- borow acknowledged the debt. — Waste Book.']
Thomas Buck, Willia Brown, Benjamin Felton and Thomas Dixie V. Henry Skerry, Thomas Olliver and others for not making a fence on Darbie fort side. Mr. Humphreys promised to find posts and rails and begin to place them this winter. [Bobt Gk)od- ell, £dw. Ingeram, Tho. Dixie and Peter Palfrey deposed as to number of bushels spoiled. Cp. Traske deposed that when he laid oat ground of Mr. Humphreys he promised to fence betwixt, but cannot say it was a condition in the grant. Peter Palfrey and Jno. Woodbury deposed that they were to fence. — Waste Book."]
Mr. Humphrey's sureties were Henry Stephens and Wm. Williams.
Michaell Spencer v. John Pickering. Defamation.
Bobt. Isbell v. Ens. Tho. Beade. Mr. Grardener to be paid ds.
22 SAIiBM QUARTERLY COURT [Sept.
by plaintiff for waiting at court. [Wm. Made deposed that Mr. Bead promised in the winter time to procure 18 or 201i. within a fortnight or three weeks after Jan. 15, in payment for the fence about the neck of land on the north side. — Waste Book,']
Josua Verrin v. Richard Inkersell. Defendant to maintain his share of the fence for one acre of ground. [Geo. Inkersell de- posed that he heard Hilliard Verrin read that Gk>odman Giles was to make the fence betwixt his father and Goodman Giles and the fence at the end of the half acre and the general fence of the two acres on the outside. Edw. Giles deposed that there was no agreement between himself and Eichd. Ingersell that he was to make and maintain any more than his proportion in the general fence belonging to one acre. — Wctste Book,]
Timothy Tomlins v. John Pickering. Defamation. Defendant is fined and '^ in some publik meeting att Lynn before next Court ♦ ♦ ♦ shall publiklie acknowledg the wronge done y* sd Tomlins,'^ etc. [Wm. Knight and wife testified that Tomlins was very affec- tionate, etc. — fVaste Book,]
John Bartall v. Allen Yew (also Yewe). Plaintiff said defen- dant was drunk and fought. Attachment of defendant's boat or dered, in custody of Jno. Goit.
Kobt. Adams v. John Skudder. Trespass.
Francs Lause v. Bobt Isbell and Willia Wake. " bro : Tho. Smith*' said that Lynn men received 2s. 6d. each or were to have it made up by men of their town. 9s. were laid on the table and Tho. Laythrop took up 6s. and Mr. Bartho[lomew] 3s.
Tho. Buck v. John Abbie. Trespass.
Greorge Norton v. Rich. Hollinworth.
Wm. Browne v. Rich. Hollinworth.
[Tho. Odingsalls v. Jno. Webster. — Waste Book.]
John Stone v. Jno. Thomdike. Defamation.
Wm. Clarke v. Ens. Tho. Beade.
Jno. Thomdik v. John Stone.
Wm. Vinsent v. Jno. Holgrave.
Tho. OUiver v. Jno. Pride. Debt.
Kobt. Tike v. Samuell Archer. Defamation. Two oases.
Elin Codd v. Wm. Pester. Debt
Sam. Archer v. Eobt. Tike.
Jno. Sibley v. James Smith, jr. Trespass.
William Lord for Thomas Burwood and Christopher Berry, who
1640] BB0OBD8 AND FILES 28
''went for Ould England," moves and court orders that John Woodbury and Peter Palfrey measure one-half acre of land at Thomas Olliver's new house.
'' The Court sent a warrant to m' Stephens."
A committee to be chosen to consider about a field to be enclosed ** about m' Peters, etc."
Court hbld at Salem, 29: 10: 1640.
Present : Colonel Endecott, Jno. Humphreys, Esq., Emanuell Downing, Esq., Mr. Willia Hathome and Mr. Edw. HoUiocke.
George Inkersell fined 10s. for making a mistake in a deposi- tion.
Joseph Garlick slandered John Hardy by saying that he heard Benjamin Hammon, Hardy's servant, say that he heard Hardy swear and curse and beat his man. [John More deposed that Hammon said '* if you see my mr you litle think wt is in him for he is a very hasti man." Joseph Garlik deposed '' when I came to him for mony yt he owed me Ben : Answrd he would pay when he had it & said it was wors with him now yn when he lived wth Lieft. howe for now he works night & day." The Court found Hammon ** a yong rash, unsetled & indiscreet yong man ready to run into divers enormities if Lett free." — W<iste BookJ] Garlick was discharged and Hammon was sentenced to serve Hardy twelve months longer.
Nicholas Pacie and wife Katherin made confession in writing about a marriage contract.*
John Cook recognizes to appear in court.
Mr. Fog is ordered to attach for fines, and after one month's time sell the goods.
Joseph Hermitage fined 5s. for absence as juror.
Jury : Lieft Davenport, foreman, Jacob Barney,' Jeff erey Massy ,
^Nicholas Pacy confessed that he knew of his wife's promise to marry Marke Vermass of Salem when he married her. ''I do hereby desire that this my hearty acknowledgment may be accept- ed of all men and that it may be a warning to all whom it may conceme, not to deale rashly in matters of such weight to the griving of the harts not only of my wife and the party abovesayd, whom I have wronged, but also to other godly christians." His wife Eatham confessed that she had been troubled in her conscience about it since her marriage, and had sinned in denying conjugal respects unto her husband because of her scruples.
24 BALSH QUABTBBLY 00(7&T [Mar.
Henry Bartholomew, Lawrenee Leech, Edm. Batter, Tho. Gard- ener, John Alderman, Peter Palfrey, Nicho. Browne, Biehrd. Walker and George Keasar, the last three being of Lynn. [Mr. Garford was constable for the jnry. — Waste Book.']
Civil cases : —
Thomas OUiver v. Charls Turner. Verdict for plaintiff, due for one quarter's rent of house 7s. 6d. and 4s. for the cellar.
" The worp* Jn® Humphreys " v. John Holgrave. Verdict for defendant and the remainder of the salt is for Mr. Humphreys. [Marmaduke Barton, Lydia Gouge and Mrs. Holgrave examined about salt — Waste Book,"]
Beview of cases of Josua Verrin, Bichard Inkersell and Edw. Giles.
Walter Knight v. Bier. Cook. Debt.
William Bowdish v. John Norman. About defendant serving a warrant at Jeffrey's Creek.
Daniel Fairefield v. Zacheus Gould. Trespass.
John Bartall v. Jno. Legg and Tho. Sams. Debt. Beferred to Mr. Fowle.
[Lanolet West testified in the matter of hogs in the com, that he took out 18 or 19, and ** we had the key of the hous a little after harvest," and there were barrels and nets and other things under the cabbages. Also, Henry Stephens, Jno. Flute and Wm. Willia testified that they met ** Daniell " with a bushel of turnips, 1-2 peck parsnips, and about 100 cabbages, that << 1-2 of the body of last load of Cabidges we fetched, & did not see any rooting in the Garden by swine & that few of them were whole but most of them broken & Cutt." John Hodshen said he had seen '< Daniell " many times put turnips to his own use.
Wm. Woodbury v. Wm. Jygls. — Wa^ste Book.]
Court held at Salem, 30 : 1 : 1641.
Present : Collonell Endecott, Jno. Humphreys, Esq., Mr. Em. Downing, Mr. Wm. Hathom, Mr. Edw. Holliock and Mr. Tho. Willes.
James Smith, jr., for stealing two fishing lines, to return twice as many lines and pay 20b. for loss of owner's time.
'' Thomas South is in regard of his adge etc. exempted fro Trayning paying 6" p Ann to this Court and freed fro his former fines."
1641] &B0O&D8 AND FILBS 25
Bier. Fowler fined for reproachful speeches concerning church discipline, on complaint of Obediah Holmes. Fined iOs.
Buben Guppi to be severely whipped '^ for running away to the Estward fro his wyf e great w^ Childe ; for stealing & Blasf emie Lying & swearing etc./' on complaint of Wm. Vincent. [Bobt. Pease complained that Guppi had stolen his axe. << O' Collonell " finds him to be a thief not only in stealing wood axes but Sargeant Dixie and others had seen a hen in Guppi's breeches. Samuell Fuller and Bobt. FuUer testified that they went to Guppi's house, and Guppi said that he did not go to meeting and that the par- ings of his nails and a chip were as acceptable to Qoi as the day of thanksgiving. He also swore. — Waste Book."]
Wm. Poole having stolen stockings from Tho. Bood and taken away a canoe of Mr. Emerey's, is ordered to return the stockings and be whipped for lying.
Wilia Bowdish fined 10s. for misinforming the court and causing Jno. Stone to be unjustly fined.
Georg Williams' apprentice boy, Mathew Jellet, to serve him. two years longer ; but as Francis Perry deposed that the apprenticeship was only for seven years and to end in March, the court ** freed the youth," who agreed to serve his master six months longer, which the court agreed to.
Hugh Browne's wife, for breaking his head and threatening that she would kill him, so that he is even weary of his life, throwing stones at him, causing his face to bleed, calling him beast, and wishing him hanged and that he might never come home, to be se- verely whipped. She also annoyed the neighbors. [Wit : Goody Harwood and Goody Nixon, who saw them scuffling together. — Waste Book.']
William Wake '^ was so vaine as to defame m' Pestor on so sleight grounds."
[Goodman Auger is ordered to call a general town meeting the second day of the week to see about a free school — Waste BookJ]
Accounts of widow Baker and Nathaneell Pittman, and deposi- tions relating to them, examined.
Mr. Freind's damage in his com through defect of men's fences. All who neglect to repair fences on south side of the South field to pay Friend 30s. and make repairs both on the part next to town and meeting house and on south side, to prevent damage on one end as well as the other.
26 SALBM QUARTBBLY GOUBT [June
Jury : Henry Bartholomew, foreman, John Woodbury, Thomas Lothrop, John Gedney, Peter Palfrey, Elias Stilman, William Knight, Nicholas Potter, Thomas Towenshend, John Bainsdall^ Thomas Parker and Jenkin Davis.
Civil cases : —
John Bartall v. John Legg and Tho. Sams, which was referred to Mr. Fouls. Mr. Downing promised to see the matter ended.
Bier. Hollinworth v. Edmund Woodley.
William Pester v. Ann Pigdon and Willa Wake. Defamation. [Wit : Goody James, Wm. James, Mrs. Qoose, Gharls Turner and Eobt Henfield. — Waste Book.']
Mathew Williams v. Susan Greene, widow. Jno. Woodbury to end the business.
William Fisk v. Mathew Waler. Fisk to have 208. for the house he hired and to finish the house within fourteen days or be liable for damages and " broking of the axes to answe' W" fisks seruant Loss of tyme goeing so f arr furthe' to work y*^ he needed to have done." [Francs Nuroe deposed that the axe was whole before, but after was "broksoas he might Lay his finge' in it." — Waste Book.']
Joseph Harrington, servant to Cp. Keane v. Thomas Keysar of Lynn. Debt.
Georg Williams v. Jno. Piokworth. [Jno. Home testified as to agreement between the parties that Piokworth should not meddle with any more of those trees. — Waste Book.] i
[Francs Perry v. Jno. Stone.
Eobt Nash v. Walter Knight. Debt.
Wm. Pester v. John Stone. Debt.
Wm. Pester v. Xptor Lynsey. Debt
The WorpL Emanuell Downing and Edmund Batter v. Wm. Langley of Lynn. Trespass.
Dierman Mathew v. Nathaneell Tayler. Slander.
Bier. Graves testified that a certain bill was made a little before he was married. — Waste Book.]
Court held at Salbm, 29: 4: 1641.
\- Present : Jno. Endecott, Dep. Gov., Mr. Jno. HumphreySi Esq.,
; ^' and our Serg.-Maj.-(}en., Mr. Emanuell Downing, Mr. WiL Hath- \ ome, Mr. Edw. Holliocke and Mc* XboLJCUles.
Thomas Gardener fined 2s. 6d. for absence from jury of trials.
1641] RBCOBDB AND FILES 27
Joseph Armetage's fine partly remitted for absence from jury.
Mr. Walter Price brought in an invoice of clothing that was left by his servant John Watkins, who died within six or seven weeks after landing. Mr. Piice was ordered to keep the goods as he had been at charge for Watkins' passage, and had no service of him of value. [Price brought Watkins with him from England and had paid 51i. for his passage. His clothing was appraised at 511. 4s. lOd. by James Gary and Abell Kelly, as follows : Piece of leather, 6s. 8d. ; pair of gloves, 6d. ; an old suit, 8s. ; a suit of clothes, IIL 5s.; 2 pair drawers, 48.; 6 pair stockings, 7s. 6d. ; 2 cots, Hi. 2s.; 3 pair new shoes and 2 old, 12s. 4d. ; 1-21L thread and a little hemp, 2s. ; 3 shirts, 10s. and 3 ragged ones, 2s. 6d., 12s. 6d. , a chest and a few nails, 2s. 6d. ; an old hat, lOd. ; 3 old bands ; total, 51i. 48. lOd.— Waste Book.]
William Knight, constable of Lynn, complained against consta- bles of Lynn for not accounting. Court answers that they cannot until they have chosen ** Townesmen."
John Cook (on Mr. Clark's good report) discharged of his recog- nizance.
Ordered that the creek leading up to Clay brook against Mr. Stil- man's lot be mended against great cattle ; all damage being paid by owners of common fence there.
John Kettle, a boy, apprenticed to Jno. Lovett of Mackerell cove to be severely whipped, and to serve his master 408. longer to pay fine (which Lovett is to pay) << for broking open Jn® Wards house & stealing milk (though he had eat milk that same momeing) " and ** his willfuU breach of y* saboth."
A boy [Willia] Elliott, servant to Hugh Laskin, witness against Tho : Chubb, etc, for perjury.
[Mr. Grervas Gkirford, constable for Salem.
Peter Pettford of Marblehead, 30 : 4 : 1641, deposed that he killed a sow for Mr. Keans (also Kayne) which had a black spot imder one of its eyes before it was killed, showed it to Mr. Keans' servant, Henry Chapman, after he had killed it. It belonged to goody Sherman (or Sheerman). Another servant was gone to Con- necticut. He scraped the sx>ot off after the sow was killed, and acknowledged goodman Jeggles oath to be true. He killed another for goody Chaffy which had a spot in the skin ; and another for himsell Mr. Kayne would have his killed at midnight.
Cp. Trask ordered to make a way or passage for a shallop by his
28 SALBM QUABTBBLY OOUBT [Joixe
mill aooording to the true intent of his grant or else pay all damages. « I myself gave him notice of this imediately goeing thith' myself."
Mr. Batter, Jacob Barney and Jeffry Massy to determine all mat- ters about fence on Darby fort side. — Watte Book,']
Jury : Lt. Davenport, foreman, Bobert Moulton, John Wood- berie, Henry Gaines, Oodfrey Armetage, John Alderman, JeSry Massy, Georg Tayler,Wm. Thomci James Hubbard, Henry Barthol- omew and James Standish.
Civil oases : —
Mr. Thos. Buck, Thos. Dixie, John Bobinson and Miles Ward v. the worpl. Jno. Humphreys, Serg.-Maj.-Gen., Thoms. Olliver, John Marston and others. For not making a fence on Darbie fort side. [Peter Palfrey testified as to rye of Jno. Bobinson. — WomU Book,']
Thomas Keysar v. Joseph Armetage of Lynn. Due from the pinnace upon Moses account.
Bobt. Adams v. (George Haries. [Tho. Chub's wife said that de- fendant was not at home when the canoe was taken, and the kellek* was broken when he had the canoe, and the little boy said (the rest is stenographic). — Wcute Book.]
George Story v. Peter Pettford of Marblehead. Defamation. Defendant to give public satisfaction.
John Luff V. Willia Bennett and Georg Boaps. [ Bulfinch
spoke to Jno. Luff about defective fence, told him he did not do it well and that it must be done better, and ** we found some palliza* does loose & some rotten." Sa. Colborne said that he was asked to mend it and was not willing, but being persuaded he got '^withs" and poles. Tho. Chubb testified. Elizabeth Elwood said that after Luff had mended the fence defects were found, and they had Sa. Colborne mend it. — Waste Book.]
Nathaneell Pitman v. Osman Dutch. [Wm. Gotten deposed that Dutch bought a raft ux>on condition that it would " swim," and he sent on to cut another raft. Thomas Ashley deposed he was there and could not do anything with the raft. Bobt. Duch said they '< had all the Boadf out & hauled up the Grapnert & it would not budg," and in the morning went and took away what they could. Bier. Stakhurst deposed that Dutch was to pay the price of 100 fish or 10s. and he was to order the raft made. — Waste Book.]
*Killook — a small anchor or weight for mooring a boat, sometimes con- sittinff of a ttone secared by pieces of wood.
rope attached to a boat-anchor. IGrapnell or anchor. '
1641] BECORDS AND FILES 29
Richrd Inkenell v. Josna Verrin. Beferred to Lieft Daren- porty Mr. Henry Bartholomew and John Woodbury to determine by six o'clock to-morrow.
William Harper v. Thomas Dexter, sr. Mr. Wells testified. De- fendant is <'to gett the sack and such things as was in it agene to J* pi :"
Same ▼. Same. Judgment for plaintiff for his servant eleven months, and for his men's sickness, physic and attendance.
Same ▼. Same. For men's board when they did not work.
William Witter v. Christopher Linsey. Execution to Mr. Pester for him.
John Webster v. William Barber. Walter Knight and Thomas Chubb deposed that the warrant was served on Barber by Tho. Bobins.
[Thomas Weeks and Jno. Gidney v. Wm. Pester. Debt
Thomas Smith v. Xptor Foster and Daniell King. Debt.
Isbell Babson v. Jno. White. Samuell Colbome testified.
Oervas Gktrford v. Bichard Lambert. Defamation. Defendant acknowledged his fault.
Michaell Sallows v. Jeffry Easty . Debt. — Watte Book.']
Court hkld at Salem, 25 : 11 : 1641.*
Present : Mr. John Endeoott, Dep. Gov., Mr. Bichr. Saltonstall, Esq., Mr. Symon Bradstreet^ Mr. Emanuell Downing, Esq., Mr. William Hathome and Mr. Edward HoUiocke.
William Bowdish quit of his fine.
William Edwards fined 20s. '< for untrue & faloe dealing about Bees."
Baph Woorey v. Samuell Hay.
^'Greorge The Indean broth' of Oeorg Sagamore sent to Boston goale."
t [Civil oases : —
Willia Pester v. Jno. Webster. Debt Lt. Davenx>orty Mr. Henry Bartholomew and Jno. Webster to view Mr. Pestor's book.
*On the last leaf of the first book is a copy of the oath of a freeman and the following memoranda :— November '62, Mr. Croad, Mr. Corwin, Mr. Browne, Mr. Price, Mr. Woodcock, Mr. Gardner, senr., John Hathome, Arther Sands, Mr. G^edney. June Court '62, Mr. Henry Bartholomew, Mr. Duncan, Mr. Gidney for strone water, Tho. Marshall, Mr. Riddan, William Edmonds, Mr. Johnson, RichcL Waters, Benjamin Parmiter.
tThe records for the next five years are abstracted from the ^^ Waste Book," the original records for these yean not having been preserved.
30 SALEM QUA&TEBLY GOUBT [Jan.
Wm. Pester snd Charles Turner v. John Webster and wife Defamation. Wit : Mrs. Pester, Bichard Lambert, James Joans, Luce Gage» Ann Pigdon and Tho. Bobbins.
Ooody Webster testified to accusation concerning Mr. Joseph King, Tho. Tuck, Thomas Oddinsall and Gharls Turner, and they all went away but Mr. King. Mr. Pester said it was true that none were left but Oo[odman] Webster's son, etc. Mr. Pester came a second time and said he must be gone and left none but the man, and ''my son" at schooL Mr. Pester came in as an indicted man, etc. Daniell Oules deposed that Mr. Pester said to Mr. King that he would help him to a wench to cure his melancholy, and that Gharls Turner said he would warrant his master could do it if he said it. Mr. Pester said he never owed Mr. King. Mr. Hathome deposed concerning '* the pflugancy of this m' King in wronging his brother." Walter Knight deposed how 0[oo]dy Webster com- plained and he persuaded her to let it alone. Tho. Oddinsall deposed : "I went to m' websters to enquire for Tho. Tuck, & there sawe m' King sitt in the house neere m** webster, none elce being in the house, & m' King wished me to stay to drink of some wine & while I stayed p'sentlie comes on m' Buroher into y^ house, m' Pesto' sd y t m'* webster eamestlie desired to goe to England w^ m' King."
William Pester ▼. John Holgrave. Debt.
William Pester v. Wm. Prichard. Debt.
Joseph Bobinson v. Gharls Glover, Georg Wathen and Bichard Graves. Trespass.
William Vincen v. Samuel Gatchell of Marblehead. Debt. Georg Keysar deposed.
Willia Pester and Gharls Turner v. Daniell Owles. Defama- tion.
Mr. Batter, Jacob Barney and Jeffrey Massey are to determine all matters about fence on Darby fort side.
Elias Stilman, sr. v. John Pease.
John Blakleech v. Tho. Venner.
John Podger of Dorchester v. John Bartall.
John Stacy v. Bichard More. For killing his swine.
Bobt. Leomon v. Jno. Stacy. Trespass. For his mother, widow More.
Buben Guppy v. Mr. Scott Goods at Mr. Sootf s stage.
Wai. Alford V. Cp. Wm. Trask.
1641] RECORDS AND FILB8 31
William Luckin of Marblehead y. Wm. Keine.
Wm. Keine v. Jno. Deyoreax, in case of the stage. Referred to Mr. Moses Maverick and Mr. Nicho. Shepley.
William Kiene of Marblehead y. John Deyorix. **j* makerel to be divided between Jn^ Devorix & Edw. Clark et Keine."
William Kiene v. Abram Whitheire. Slander. Wit : Mr. Moses MoseSy Bior. King and Oeo. Vioar.
Tho. Venner v. Jno. Qent. Slander. Also fined for perjury.
Thomas Dexter, jr. v. Wm. Dexter, Carp [enter]. Defendant to be servant to plaintiff and Mr. Welles.
Wm. Goult V. Eior. Lambert Defamation.
Thomas Dextor, jr. v. Wm. Welles, gent. For detaining from him the abovesaid Wm. Dexter.
Ann Fuller v. Thomas Goldsmith. Debt.
John Webster v. Wm. Pester and Charls Turner. Defamation.
Edward Payne v. Richard HoUinworth. Defamation. Defen- dant confessed to pushing and provoking plaintiff. Charls Olover, deputy to Mr. Edw. Payne, deposed that Hollinworth said that Payne made more <<pittering" than he needed to, that Mr. Payne took up a mallet <<to beat of the knee," and that defendant came with his ** ads on his arme and put it up to the knee," upon which defendant called a witness that Mr. Payne struck him with the stick. Payne struck defendant in the face with his hand, called him knave, and said, ** if thou beest a man come forth of the shipp & shew thy self like a man, for I had rather thou should cutt my flesh then give me such words." John Parker deposed.
William Browne v. George Wathan.
Edward Payne v. Thomas Keyser. Defamation. Jno. Webster, security. '*Mr. Keysar said Mr. Paine put away his ma: in Spaine."
Joseph Yongs v. Richard Hollinworth. Francs Perry and Jo- seph Pope dex>osed.
Joseph Yongs v. Richard Graves. Debt and trespass.
William Waller v. William Pester.
Richard Hollinworth v. Edward Payne. Assault and battery. Defendant fined for challenging him to fight.
John Qent v. Ricr. Graves. Defamation.
Richard Hollinworth v. Joseph Yongs.
John Gent and wife v. Rich. Graves and wife. Defamation.
William Bowdish v. John Norman. Debt
82 SALEM QUABTEBLY OOUBT [Jan.
Edward WiUson v. Joseph Yongs. De&maticm. WiUson is a young man.
Richard Cooke t. Walter Knight. Debt.
Richard Cooke ▼. John Northy. Slander.
John Grent v. Thomas Keasar. Debt
Rnben Guppi v. Ricr. Hollinworth.
Ricr. Graves and wife ▼. John Gent and wife. Defamation.
Richard Hollinworth ▼. Daniell Ramble. Slander.
Richard Hollinworth ▼. Rnben Gnppi.
Robt. Hawes v. Wm. Pester. Debt
John Leech v. William Mead and Wm. Cotten.
Thomas Pickton v. John Pride. Debt
Wm. Seamont v. Edw. Ingeram. Debt.
William Comins v. Markes Vermais. Trespass.
Richard Rnssell of Charlstowne v. Mr. Ada[m] Ottley. Debt.
John Tomer (for Mr. Story) v. William Pester. " For his atten- dance upon him, etc."
Mr. Adam Ottley y. Joseph Armetage.
Miles Ward ▼. John Gent. Debt
Mr. Adam Ottley ▼. William Welles. Trespass.
William Pester ▼. Robt Hawes. Debt
John Eertland of Lynn ▼. Wm. Edwards. Jno. Deacon heard noise of bees of " my neighbor Kertland/' and offered to go with him and show him where they were, but they were gone. Good- man Edwards felled a tree, and he requested Deacon's boy to help him cat it up. Bat not being able, he got another, and then came and said that Mr. Tomlins said there were bees in it. Edw. Tom- lins deposed that neighbor Edwards came aboat six weeks since and demanded satisfaction for some defect in the corn, and desired this tree which was a crooked one. When they found the bees were there he told him that although he gave him the tree he did not give the bees. Timo. Tomlins (one of the jury) deposed: *' I put myself to all y^ Conceits I could to conseve w* he would doe w*"* the tree," etc. It was Edwards' first offence, and the court, considering that ** his estate is not great," fined him only 208.
William Browne v. John Holgrave. Debt.
Joseph Armetage ▼. Edmond Audley. Joseph Howe deposed that they agreed to go to sea and when they heard the school had come in they were the first boat that went out and took the first fish. Three boats went to sea and the fourth did not have men
1641] BBCX>BI>8 AMD FILB8 88
to aail her John Stone deposed that he and GtxxUnan Armetage agreed to begin on Oct. 7th. Wm. Barker and Jeremy Howe also deposed. Bobt. Isbell t. Edward Ingeram. Debt BobL Isbell y. Creorg Harrys. Lt Davenport to end it. Bobt Isbell y. Thomas Smith.
Henry Walton y. Jno. Blaokleech. Two cases. Debt. Joseph Armetag y. Tho. Ashley, Abram Bobinson and James Smith. Debt.
Greorg Carr of Salisbory y. Willia Harper. Verdict for plaintiff, his servant to pay 10s. for default of sendee and loss of time and also *< to be restrained from Following y* Ferry as his calling and that the Indentures be made according to y* custom of ould England."
Jno. Whit Y. Jno. Stone. Debt Whit to be paid for waiting- three days on this account
The Lady Debora Moody y. Francs Ingers. BeplcYin of a horse- impounded. Defendant not appearing << the Lady is discharged of her bond." QeoTg Carr y. Bier. Harper. Trespass.
Grand jury: Of Salem, Edmond Batter, John Hardy, Jeff ry Massy, Lawrence Leech, John Blackleech, John Woodbury (absent,, now dead) , Henry Bartholomew, Moses MaYcrik (absent), Thomas (hardener and Jacob Barney ; of Lynn, Cp. Bobt. Bridges, foreman,. Lt Bier. Walker, Bichard Sadler, Nicholas Browne, Henry Ceilings and Oeorge Keysar.
" to send to m' W" Payne, & if he will pay well oth'ways to goe to Ipswich & LcYy."
Jury of trials : Salem, Lt DaYcnport, Peter Palfrey, Obadiah Holme, GerYas Oarford, Willia Lord, Bichard Baymond, James Moulton, Boger Maury ; Lynn, Timothy Tomlins, Thomas Layton, Francs Lightfoote and Thomas Marshall.
Mr. Batchlor and Goodman Spooner, constables of Salem. Bichrd. Lambert admonished for stealing a coat from Tho. Mar- shall
Cp. Bobt Bridgs y. John Smith.
Mr. Edward HoUiock to see that Jno. Smith, serYant to Cp. Bobt Bridgs, is scYerely whipped at a lecture day or town meet ing for often withdrawing himself from his master's serYice and also to serYC a month extra time.
84 SALBM QUABTBBLY GOUBT [Jan.
Mr. Edward Holliock to see that William Willson, servant to Cp. Bobt. Bridgs, is whipped at a lecture day or town meeting for cursing his master.
John Thorpe, Mr. Thompson's man, fined for stealing a pair of stockings, a handkerchief, a pair of shoes and a herring, which he <^ often denied also und^ p^tence of relligeon."
Mr. Pester, Tho. Oddingsall, Charls Turner and Eicr. Lambert to answer presentments of grand jury.
Christopher Yonge had three presentments against him for abus- ing the watch. ^' We did hear a laffing noys att m' Pestors & saw som light & went & asked why the[y] did not goe to bedd, etc.'* Pester faltered in his speech and smelled of drink. Joseph Yong also deposed.
Mr. Edmond Batter complained of Mr. William Paine*s speeches. The answer was extenuation '^ of his brothers acco saying y^ hee but struck him w^^ the back of his hand." Fined.
Mr. Bier. Sadler and Thomas Marshall to determine differences between Tho. Dexter, sr., and Wm. Harp[er] by the first day of March.
Tho. Odding^sall presented for idleness. He is to bring in a weekly account of his employment to Mr. Hathorne.
Wm. Pester presented for abusing the watch and being found at the Potter's house three nights very suspiciously, and common tippling.
Jacob Barney produced Mr. Hathorne and wife and Bier. Stak- hous to testify to Mrs. Poster's forwardness to send for drink, etc.
Bier. Graves fined or be whipped for kissing of, and unseemly carriage to (}oody Qeut. William Allen deposed that ** he herd Bie' Graves kissed Goody Gent twice." Confessed it, and that he ** sx>oke foolish & base words."
Wife of Thomas Olliver admonished for contemning the ordi- nance of God, etc., to take heed to her way, to humble herself to Mr. Norris ; but Wm. Goult accused her in saying her husband was none of her husband. John Blackleach deposed that he had heard unseemly passages from Goody Olliver.
Thom. Eabome admonished for insufficient tanning.
William Walcott to be whipped for idleness. Mr. Down[ing] and Mr. Hathor[ne.]
Mr. Willia Wells admonished for extortion, and fined 30s. for lying to court.
1641] &ECOBD8 AND FILES 85
Cp. Traak sentenced for neglecting training three times and keep- ing an insufficient miller. He said ** he shall never more be my miller or that he will hang up his beame & skals." Continued to next court
Mr. Pester acknowledges his sinfulness in being at the Potter's house, saying : ** I was invited by Prid et ux' & Jn^ Stone & his wyfe & was att Stons hous fro whence we weare fetched to y* Potters." Benjamin Felton deposed being at Mr. Poster's. Prid said << he was att Plimoth & it was afte' I came fr Plimouth y^ he was invited by vincen : & he was ther in my absence. Prid also witnessed it was att diner y^ himself invited but w"^ Vincen." (xoody Hardy deposed : " I saw m' Peste' his hos unfastened be- tweene 8 and 9 in morning & he seemed to me as if he had Laine all night ther." (xoody Felton and Goody Pride also deposed. Moon rose about eleven or twelve o'clock at night. Left Qoodj Vincent there, and Mr. Pester and nobody else. Wm. Vincen and Hary Weare left the house at eight o'clock. This was about Nov. 2.
John (rardener and SamuU Shadock testified to a presentment.
Hary Cook testified as to Potter's unseemly words : ** m' Corwin y* Cp. hath beene very square, but Pete' hath beene very pettish and peevish as ever I saw : & one tyme I came for some meale & Pasca Foot bringing some in sd Pete' ther is but 3 pks pete' sd wel well & standing by he tooke up a toule dish as full as Could be heaped & anothr not altogethr so full."
Peter Simes to be whipped for beating Mr. Perry's servant. He confessed he beat him once or twice, ** and had rather beat him then he mee, yea sure I did beat him." Court enjoins him not to take ** any more toule " or it will be accounted theft
Bobert Ellwell, constable of Marblehead, 1 : 12 mo : 1641.
John Keal of Marblehead, servant to Mr. Wm. Cokraine, to be whipped for burglary.
Marmeduke Barton and Eobt Allen fined for receiving silver ** stoulne." John Devoriux undertook to pay for them. To be whipped tomorrow, being lecture. Allen to serve his master, Mr. Williams, a month extra time.
Benjamin Hammon, John Hardy's man, fined 61i. and whipped for disobeying his master, and bound to good behavior for one year.
John €k>it admonished for saying " its better to goe to hell gate for mercy then to m' Endecott for iustice."
Peter Thatcher, for running away, to appear at next court. — Watte Book.^
86 SAIXM QUABTKRLY OOUBT [Feb.
(yOUBT HELD AT Salem, 1 : 12 : 1641.
[William Keine of Marblehead fined 31i. for striking John Bar- tall with a stone in his hand and swearing by the blood of God.
Henry Singlman fined for swearing.
Thomas Gray presented. Wit: Jno. Devoriz, "he is siok."
Bior. Lamberty ** y* ioyne'," fined for drinking ; also, Gharla Turner and others, and to sit in stoeks two hours tomorrow at meeting.
Gharls Turnery for scurrilous speeches and tippling ; confessed that he had been often for three hours or more '< in his m' & g : m : Hollinworth Comp/' fined and whipped, '' & to stand in y* meeting house w^ a pap[er] on his head written a faloe acuse'." SamL Arohr and Wm. Allen also fined for being in such company and drinking too much, although not ^ unto drunkenes," the latter being inti- mate with Mr. Pester.
Widow Margret Neave bound in 201i. to good behavior.
John Bussell presented for idleness, etc.
John Gent fined for untrue speaking in court.
Mr. Pester and Charls Turner complained of Daniell Owls for drinking. Tho. Oddingsall said Owls spoke when he came in as if he was drunk, and went to bed and in a quarter of an hour " eased his stomak in the Chimney."
Miles Ward said that Wm. Alen " was Loath to goe to m' Pesters sine y^ Charls Came for he thought he would undoe him."
•* Tho : Dexte' also de Charls Tume* acusing w™ Allen."
" Edm : Batte' de m' Buck."
" Ibid : Samue^ Archef in y* same."
ti i^rs Pester de w" Allen & Sam^ Arche' " that Archer smelt of beer and goodman Allen reeled, and drank a pipe of tobacco on account of which she thought he had been drinking, that it was on the day of the training at Lynn, and they had been drinking strong water at Mr. Johnson's.
Bobt. Allen, wife of Sam. Archer, Goody Web and Mr. Pester deposed that Turner staggered, but floor was uneyen. Edm. Bat- ter deposed that he told Mr. Buck that he feared he would be pre- sented, and came another time and saw these three persons drink- ing a pint of sack and they almost constrained him to drink. Mr. Buck and Mr. Pester spoke against his being there, etc.
John Fayrfield presented.
Marblehead fined 10s. for want of a pair of stocks.
1641] BBOOBDB AND FILBB 87
Daniell Owls to pay 20b. fine or sit in stocks for ** Leaping & dancing att his house & had like to fale into fiie he answerd I doe not care for the best maiestrat in thei Land. If mett them in the field I should slash them fo^ I have beene a pretty fellow in my tyme.*^ Complained of by Mr. Pester.
Mr. Buck presented by Mr. Edmond Batter for baking of white bread contrary to order of court and for allowing tippling at his house. Buck to be admonished, fined 20s. and cautioned concern- ing leaving the ordinary.
Wm. Goulte's case continued. — Waste Book.']
CouKT HKLD AT Balsm, 2 : 12 : 1641.
[<< William Cantlebury Caled in question Concerning the death of William Stark (servant to m' Tho : Bead) who is gone to Engid & now was comitted unto m' W"* Clark & by m' Bead's ord' to be w^ the s' Cantlebury : And being now dead.'* — Waste Book.]
COVXT HKLD AT IpswiOHy 28: — :t 1641.
Present: Deputy Gtev.; all, ^tet, mer,
Hubbard, Symond^ Dudley.
Grand jury : Ja Bemingtoni Mr. Bobert Payne, Bobert Has- •elton, Mr. Willm. Payne, Fra. Parrett, Mr. Samll. Appleton, Jo. Osgood, Jo. Whipple, Jo. Perkins, the elder, Bichard Kent, Jo. Sanders, Geo. GidcUngs, Mathew Boys and Wul Fuller.
The other jury : Mr. Edmund Greenleaf, Thos. Bobison, Bich- ard Jacob, James Howe, Humfrey Bradstreet, Henry Archer, Stephen Dumer, Joseph Jewett^ Maximilian Jewett, John Jarrett, Mark Symonds and Bobert Lord.
Writ, signed by Licrease Nowell,* to the Salem marshall: Francis Norton y. Walter Knight 9 : 25 : 1641.
Letter : — ^ W payne my loue to you this to intreate you to da- liuer to John Maduzes & Bobert Leeues the som of thirtene pounds fortine shillings & sex pense for ther worke which is due to them from meeso I pray you fails not.
Tour ^ind
Bichard (his mark) hollinworth from Salem the 19 day of agust 1641
Beceipts signed by marks of Bobart Lues and John Mattuxsi and an order of Richard Hollingsworth on Mr. William Payne to pay Bobert Lues.
*Autogiaph. tPiobably December.
88 IPSWICH QUA&TEBLr ooxTBT [Deo.
Constables of Salisbury and Hampton fined lOs. for not retam- ing their warrant.
Civil cases : —
Stephen Kent ▼. Bichard Knight of Hampton.
John Kent and John Hutohins ▼. Buben Guppy of Salem.
Mathias Button ▼. Thomas Boreman.
Henry Walker y. Thomas Boreman.
Jo. Andrews ▼. Mr. Samuel Symonds.
William Whitred v. Nathaniel Bishop.
William Holdred ▼. Thomas Bowell of Salisbury.
Creorge Wilby ▼• Edmund Bridges of Bowley.
John Kennyng fined for a pound breach.
Mr. Saltonstall y. Mr. Tuttle.
Francis Parrett y. Bichard Lewis and John Mattock.
Jo. Lee fined 10s. for lying and stealing a Bible from widow Haffield. To pay the widow 15s.
George Carr appointed to keep the ferry at Salisbury, at the island where he now dwelleth, for three years, provided he finds a sufficient horse boat and gives diligent attendance. Ferriage : a man, 2d., a horse, 6d., great cattle, each 6d., calves and yearlings, each 2d., goats, each Id., and hogs, each 2d. And a penny apiece more if present pay is not made. If any be forced to swim over their cattle for want of a great boat they shall pay nothing.
Jo. W to answer at General Court.
Thos. Stacey fiued for a rescue of swine.
Jo. Shatswell and Humphrey Griffing appraised cow sold to Jo. West and Jo. Wyatt.
Will of John Goffe of Newbury, dated Dec. 4, 1641, proved. He bequeathed his lands, housing, cattle and moveables to be divided into two parts equally, one half to wife Amy, and the other half to his two children, Susan Goffe and Hannah G^ffe, in equall portions. Edward Woodman, Henry Short, Bichard Kent, junior, and John Cheney, all of Newberry, to be executors and improve the property to use of wife and children. If either child die the other to have her portion, and if both die, their shares to go to wife. If children live to marriage or to the age of 18 years to have power to dispose of their portions according to their own pleasures. Jno. (his mark) G^ffe. Wit : Thomas Browne and William Whito.
Execution delivered to the constables, Mr. Firman and Thomas Scott, to pay fiues to Mr. Hubbard, treasurer of the court.
1641] SBCORDS AND FILES 89
Robert Coaker of Newburj and Miiyam Kinge of Hampton pre- sented for fornication. Wit : Willim. Palmer of Hampton.
Jo. Pemerton and the wife of John Robinson of Newberry pre- sented for obscene and filthy speeches and carriages. Wit : Jo. Merrill and Jo. Thurston of Newbury.
Town of Rowley presented for not mending the highway enter- ing upon the marsh leading to Newberry. Wit : Jo. Osgood and Jo. Kent, grandjorymen.
Salisbury and Hampton presented for not mending the high- ways between their towns. Wit : William Payne, grandjnryman.
George Carr presented for not keeping the ferry, but suffering people to stand waiting at the water side three hours, to the preju- dice of their health, and for taking 4d. a head for cattle swimming oyer the ferry, he not affording them his help. Wit : Jo. Sanders, grandjnryman.
Richard Knight of Hampton presented for lying. Wit: Mr. Payne, grandjnryman.
Mr. Hubbard and Mr. Elnight presented for keeping cattle within the common fence contrary to order. Wit : Geo. Giddings, grand- juryman.
Mr. Bradstreet, Mr. Tuttle and Jo. Satchell for breaking the same order. Wit : Mr. Whitredg and James Howe.
Inventory of estate of John G^ffe, late of Newbury, deceased,
Dec. 4, 1641, taken by Edward Raw , Richard , Tho.
H and John , Dec. 16, 1641 : — ^Wearing apparel, 1 purple
cloth sute, dublett and 2 hose, lU. 48. ; 1 short cote, 9s. ; 1 longe blew coat, 14s. ; 1 longe white coat, 4s. ; 1 pr. lead GolL breeches, lis. ; another same, Ss. 4d. ; 1 pr. drawers, Is. 6d. ; 1 greene dublet, 4s. ; 1 cloth dublet, 7s.; 1 leather dublet, 8s. 6d. ; 1 pr. shoes, Ss. 8d. ; 1 pr. leather stockins, 28.; 1 pr. cloth stockios. Is. 2d. ; 1 pr. woUen stockins, Is. 6d. ; 2 hatts, 28. 6d.; 1 cloth capp. Is.; total, 51L 5s. In the hall, 3 bedsteeds. Hi.; 1 pr. cur- tens, 3 rodds, 18s. ; one greene rugg, lli. 6s. ; 2 blanketts, 16s. ; 1 bed, bolster, 4 pillows, 41i. lOs. ; 1 Coverlet, 10s. ; 1 bed matt, 2s. ; 5 wedges and 2 rings waighing 271i., lis. 3d. ; 3 peck axes, 3s. 6d. ; 1 gouge, 4 chissels, one pr. gimboles* and 2 wimble trees,t
*6imbal, a contrivance, as a ring moving on horizontal pivots, for secur- ing free motion in suspension, or for suspending anything, as a chronome- ter, so that it may keep a constant position.
t Wimble, an instrument used for twisting bands for trusses of hay, fag* goti,etc
40 IPSWICH QXTABTEBLY OOUBT [Mar.
68. ; old Iron waighing 231L, 78. 8d. ; same waighing ISli., 38.;
one hand bill,* ; 1 chafing dishy ; 2 old axes, ; 24
li. of waights, ; one trevet, a tramell ohajne, 56. ; one pitch
fork, heaving billf, ; 1 spade, Ss. ; 2 musketts, 1 swordi bando- leers and rest, 21i. ; one spitt and slice, 38.; 1 pr. bellows, Is.; longe sawe, 4b. ; 1 shovell and 1 pick ax, 3s. ; 2 pitchforks & a sith, 4s. ; 1-2 of the boat, 12s.; 1 wheele barrow, 58. ; 1 wim- shete,^ 58.; 1 peece of leather, 48.; 1 Chest, 6s.; a trunke, 6s.; 4 hogsheads, 8s. ; 2 old boxes, 2s. ; 2 saokes and one bagg, 6s.
8d. ; 1 old doth, 5s.; total, . In provitions, 160 waight of
pork, 21i.; 7 bushells Indian come, ; 1 boshell of english
wheat, 48. ; 1 boshell mault, 48. ; 1 bushell meale, 2b. ; 121L bat- ter, 68.; carretts and cabbidges, 12s. ; total, 41i. 8s. Cattle, 2 oowes, llli. ; 1 steere, 41i. 10s. ; 2 oow calves, 31L ; 1 steere, 31i. ; 4 piggs, Hi. ; total, 2211. 16s. 3d. ; house and land, a farme of 80 acres, 91L ; a house with 6 acres upland and 6 acres marsh,
; a hooke, hatchet and old kettle, ; a peece of wooden
; tubbs, platters, spoo •
Court held at Ipswich* 29: 1: 1642.
First trial jury : Edward Bawson, Bichard Davenport, James Browne, Jo. Lowell, Henry Shorte, Abraham Tappan, Tho. Mihill, ICaximiUian Jewett, Bobert Hunter, Fra. Lambert, Joseph Jewett and Michael Hopkinson.
Second trial jury : John Woodbridg, Ja Baker, Philip Fowler, Edward (Gardiner, John Webster, William Addams, John Jackson, Bobert Day, Jo. Musselwhite, Boger Langton, Cristofer Osgood and Theophilus Wilson.
The grand jury were the same as last court
Civil cases : —
Samuel Winslow of Salisbury v. John Ilsley. Trespass.
John Ilsley v. Henry Somersby and Maurice Hobbs.
John Whipple and Edward Browne, pL in the name the
Town of Ipswich v. Mr. . Mr. Bogers, Mr. Saltonstall and Mr.
Bradstreet mentioned.
Henry Sewall v. . Defamation. Mr. Woodbridg, Mr.
Bawson and Mr. Woodman to approve at Newberry.
*A bill hook or hedging hook for trimming or catting down hedges. tBeevIng bill, an implement lor cutting down a growth of hedge or
biambles. IWimsh lor tepaimtiiig the chaff Irom the gimin.
I Wimsheet, a provincial Bnglith lorm ol winnow sheet. A contrivaaoe the ■
1642] SB0ORD8 AND FILB8 41
John Musselwhite ▼. Mr. John Woodbridg.
John Hotchins of Newberry y. James Hayward and Hugh March. Slander.
Maorice Hobbs of Newberry and Henry Som[er]8by y. Robert Ck>ker and Nathaniel Badger.
John Wedgwood y. Mr. Baoheller.
John Fuller y. Robert Groeae.
John West y. James Pitney and James Howe.
John West y. George Vameham and Jo. Nor[th].
Mr. Bradstreet y. Sergeant Howlett Oonoeming herds of oows.
Daniel Hoyey y. James Pitney and James Howe.
Daniel Hoyey y. Jo. Lee.
Daniel Hoyey y. George Vamham and Jo. North.
Jo. Moolton ci Hampton y. Biohard Knight
Tho. Moolton y. Bichaid Knight.
Willm. Estowe y. Biehard Knight.
James Dayis y. Biehard Knight
John Browne y. Biehard Knight.
Moses Cook y. B •
William Howard y.
Isaac Perkins y. Biehard Knight
Mr. Stephen Baohellor y. Biohard Knight
Jo. Dayis y. Mr. Samuel AppleUm.
James Hayward of Salem y. Jo. Hutohins.
Ann Stratton, widow y. Wm. Pester.
John Bradbury, late constable of Salisbury, fined 10s. for not returning warrant remoyed.
James Hayward of Salem y. Ja Hutchins.
Stephen Kent y. Biehard Knight Debt Defendant's goods attached at Hampton ; he did not appear. Next Salem court to dispose of the goods.
Town of Hampton fined 10s. for defect in highways, and if not repaired by August next to pay 61i more.
George Oarr fined for defect in keeping t^e ferry at Salisbury.
Henry Waker y. Thomas Boreman.
John Satohwell and Humphrey Griffin to sell dead oow at Ja Wyat's.
Mr. on Olliyer, late of Newberry, died intestate, and John
^— — is appointed administrator. Mr. John Woodbridg men- tioned.
42 SALEM QUABTBBLY OOUBT [July
Court held at Salbm, 12: 5: 1642.
[Present : Mr. John Endeoott, I>ep.-Gov.9 Mr. Bichard Salton- stfldl, Mr. Symon Bradstreet, Mr. Emanl. Downeing, Mr. Wm. Hath- ome and Mr. Edw. Holliock.
Walter Knight acknowledged judgment of lOli. in favor of Thomas Bnck.
Francs Lightffoote and Henry Gollines sworn constaUes of Lynn
Thomas Spooner, constable of Salem, fined lOs. for absence.
Mr. Wm. Hathome, Thomas Gkirdenr^ and Jefferey Massy chosen commissioners to determine damage done by cattle in Bichard In- kersell's lot by the North river side.
Peter Palfrey and Jeffrey Massy» instead of Jno. Woodbury, de- ceased, appointed to fix charges, etc., for a five-acre lot bought by and on complaint of Mr. Mathew Williams of Marblehead.
Jury: Mr. Edw. Tomlins, Bobt. Dfiver, Math. West, Bier. Johnson, Edw. Baker, of Salem; Wm. Allen, James Standish, Esdras Beade, Bobbert Button, John Sadler, James Molton and Nathaniell Porter.
Civil cases : —
Bichrd. Norman, Jno. Norman and Company v. John Devoreux. Account. Mr. Fowles mentioned.
William Edwards v. Cp. Trask. Trespass. Entered ag^ainst Trask, instead of Mr. Wm. Browne.
Buben Gappy v. Wm. Pester.
Bichard Cook v. Walter Knight. Debt Defendant to appear at next court in Boston. Bichrd. Hollinworth, surety.
Erasmus James v. Edw. Payne.
Thomas Keysar v. Edward Paine.
James Dowing v. Wm. Flint Slander. Defendant absent.
Jno. Webster v. Edw. Payne. Debt.
John Gedney and Tho. Weeks v. Jno. Harbert and Jno. Smale.
Tristram Dalebar v. Francs Perry. Debt
Samuell Eabome v. Bobt. Hawes.
Joseph Armetag v. James Smith, Tho. Ashley and Abraham Bobinson. Debt Gave execution against James Smith to con- stable at Gloucester.
Bobert Cotta v. Dorcas Verrin. Slander for perjury. Bef erred to Mr. Hathome and the elders, Mr. Norris and Mr. Sharpe, by consent
Bobt Cotta V. Phillip Verrin, jr. Slander. Two cases. Beferred as above. Jacob Barney testified that Phillip Verin, jr. and
1642] BEC0BD8 AND FILES 48
Michael Shaflen charged Sobert Cotta with removing a bound stake. Michael Shaflen testified that Francs Weston remoyed it
Bobt. Hawes v. Charles Glover. Debt
Bobt Hawes v. Robert Lewes. Debt
Abraham Robinson, Wm. Browne and James Babson v. Tho. Bock. About taking up a skiff.
Zaoheus Gk>uld ▼. Mr. Ada[m] OQejy Bier. Sadler and Joseph Armetag. Debt.
Zacheus Gk)uld ▼. Nath. Tyler. Debt
George Gardener v. John Luff. Slander.
William Browne v. John Webster. Debt
Wm. Browne v. Mr. Holliook.
John Griffin v. Walter Ejiight Debt
Daniell Salmon v. John Saohwell of Ipswich.
Edw. Hall ▼. Nathaniel Pitman. Debt.
Francs Perry v. Thomas Keysar. Loss of salt.
Thomas Watson per Mr. H. Bartholomew ▼. Francs Perry. Debt
William Harp v. Walter Elnight
John Tilton y. Richard Sadler.
Jno. Sadler of Glocester for Mr. Addis, Mr. Millward and Wm. Southmead y. Thomas Ashley, and his goods attached by the con- stable of Cape Ann.f
Charles Glover y. Bichr. Hollinworth.
Same y. Same. Slander.
Greorg Boaps y. Charles Glover. Debt.
William Hudson v. Bichard Hollinworth. Debt
^ Georg Sagamore & Edward alius ned of wight" v. Francs Light- foot For land. Left to Boston court.
Georg Emery v. Tho. Cole. Debt.
John Holgrave v. Elizabeth Harwood. Slander.
Bichard Hyde v. Nathaneell Pitman. Debt. Defendant to pay in work.
John Blackleech v. Thomas Oddensell.*
John Godfrey v. Bier. Kent. Slander.
Bichard Kent charged Godfrey with stealing and selling 61L of
*8 : 9 mo : 1642. Attached in hands of Mr. Tho. Buck, at suit of Mr. John Blackleech, money due to Thomas Oddensell. Order to take it out is signed by John Blackleach.^
tXhis is the first insolvcDcy case in the county oonrts. lAntogiaph.
44 SALBM QXTABTEBLY COURT [DeO.
shot to IndianSy offering a gun and offenng to give Jno. Bidgh four shillings to keep his counsel ; also for speaking disgracefully of the magistrates. To answer at next Ipswich court.
James Smith, jr., to be moderately whipped for pilfering and stealing on the Lord's day.
Elizabeth Johnson, servant to Mr. Jos. Tonge, to be seyerely whipped and fined 51L for unseemly practices betwixt her and an- other maid ; also, for stubbornness to her mistress answering mdely and unmannerly ; and also for stopping her ears with her hands when the Word of Ood was read ; also, for ^< spuming an ew goat till both dyed ;" also, for killing a pig and burying it *^ That shee who had beene g : m : Lords servant maid said to Elizabeth y* Goody Bulfinch was most pivish woman to servants."
Bobt Cocker bethrothed himself too securely to one maiden, and then contracted with another woman. To be severely whippedi and to pay to Thomas Kinge, who subsequently married the first maid- en, five pounds.
Mathew Gillet to sit two hours in the stocks and to pay Jno Norma ten shillings for pilfering a piece of soap to wash his shirts with, as he said, which he took from the ^ cubbord." Wit : Benjamin Parmeter and Bier. Norman.
Christopher Tongs v. Jna Stacy. Attachment granted for five bushels Lidian com due Tongs. Wit : Jos. Tong and Bier. More.
Cow keeper on Darbie fort side wamed to keep cattle there. Warrant sent to Bier. More.
James Smith's fines remitted. — Watte Book.^
CouBT HBLD AT Salxm, 27 : 10 : 1642.
[Grand jury : Lt Bier. Dauenport, Petor Palfrey, John Hardy, Gervas Garford, Wm. Lord, Phillip Verrin, sr., Elias Stilman, sr., John Balch, Thomas Lothrop, Moses Maverik ; Lynn, Bichard Sad- ler, Edward Tomlins, Nicholas Browne, Bichard Walker, Thomas Coldam, Edward Bercham and Edward Baker.
Jury of trials: Mr. Boger Connant, foreman, Mr. Thomas Scruggs, Lawrence Leech, Daniell Bay, Jefre Massy (discharged), William Osbome, Thomas Gardner, Michaell Shaffien ; of Lynn, Thomas Marshall, William Knight, Thomas Laughton, NiclK>la8 Potter and Henry Geanes.
Present : John Endecott, Esq., Dep. Gk>v., Mr. Bichard Salton- stall, Mr. Wm. Hathome and Mr. Edw. HoUioek.
1642] SBCOBoe and num 46
** Now begins & Take force the oide' of Oenerall Court for z* entree of an acoo Though the order made bef <»r this tyme.**
Civil cases : —
Jno. Devoreoox v. Richard Norman, John Norman and Compaaj. Concerning fish.
John Devoreux y. Bichard Norman. Defamation.
Henry Harwood, Wm. Blancherd and Margery Wathen y. Thomas Tuck. Trespass.
Buben Gappy y. Mr. Wm. Payne. Trespass.
Osman Dutch y. James Smith. Trespass.
Joseph Armetage y. James Huberd.*
John Cutting y. Henry Sewall. Jno. Cutting, jr., gaye ai&dayit of sendee of process.
Frances Nurce y. Elin Downing. Defamation.
Edward Ingerum y. Francs Perry. Debt
John Thomdick y. Thomas Sherman, Baph Dicks and Jeremy Newland of Ipswich. Trespass.
Edward Tomlins, attorney for Thomas Willes, y. John Deacon. Defendant to make up the half fence between Mr. Willes, Jno. Deacon and otiiers of that field.
Zacheus Goold, Thomas Putnam and James Huberd y. Mr. Ada[m] Ottier, Jos. Armetag and Bich. Sadler. About a boat <* Zacheus Gould his man*s tyme," etc.
Henry Walton y. Michaell Lambert Constable, Henry Collins. Debt.
Thomas OUiyer y. Greorg Harries. Debt
Mr. Ada[m] Ottley, attorney for **je worshipful Jno. Humphreys, Esq./' y. Francs Linlford. Debt
Bichard Hollinworth y. James Huberd. About a boat
Tho. Gray y. Walsingham Chelsey. For withdrawing his ser- yice contrary to coyenant
Will of Samuel Smith of Enon, dated Oct 5, 1642 and proyed 27 : 10 : 1642. Wit : Jno. Thorndike, who deposed that he had his senses ; Greorg Emerey, that << he had a fitt of a f eayer y^ day be- fore and the yapors in his stomake caused paine in his head, and
^Plaintiff recoyered judgment, which was attached by Zakeus Crould, James Hubert and Tho. Putnam, partners. Tim (his mark) Tomlins was witness to plaintiff's answer. Letter from Tho. Putnamf to Mr. Fogg, 29 : 4 : 1643.
lAutograph.
46 SALEM QUABTBBLY COURT [DeC.
did cause sleep tronbld sleep & y^ Last day till toward 2 of the Clock was very sensible." Mr. Jno. Fiske, Mrs. Fisk, and the two witnesses to the will, Richard Pettingell and William Sawyer
also deposed.*
— —
*<' Ynto my wife Sarah Smith my farme in Enon with all the housen ypou it as allsoe all the frutes vpon it as come hemp and the like : for har owne proper yse for the tearme of har lif vpon consideration that she shidl discharg me of that promise vpon maridge ; which is vnto my sunn : william Browne fiftie pounds : as allsoe that she shall giue vnto his two children william and John Browne | 20^ between y°^ | : all which shall be paid I by | mv ezequetors hearafter named : my will further is to giue vnto Saran my wif all my Cattell nowe vpon the farme young and owld as neat bests horse bests and swine in full consideration of that hun- dred pounds that I stand bound vnto har by A bond obligatore in lue of A former Joynter payabell after my dissease which shall be parformed by my Exsequetors as allsoe further my will is that my farme with all the medowe and upland belongine thearvnto my sunn Thomas Smith shall haue it to himself and his heairs for euer vpon this consideration that he shall pay vnto his sister mare if then lining fiftie pownds in thre years after the entrie of it that is to say sixtene pounds and A mark A yeare and for the parform- ance hearof he is to lay in good securetye vnto the Exsequetors if the lord take har away by death this payment is to be made vnto the Children of the aforesaid william Browne and Thomas Smith that then shall be lining Equally deuided among them further my will is that if my sunn : Thomas shall die without issue that my land and housen vpon it shall com to my daughter mare and hs^ heaires foreuer : and after har to william Browne and his heaires for ever all wich debtes and legasies and | other | parformances are to be parformed by my two Exsequetors which I haue Apointed which is my Louing wife and my trustie sun william Browne : & my will further is that if Sarah my wif shall marev that then the first gift of my farme shall stand voyd and my will is that she shall then resigne it vp into my other exequetors hand with A Just aocounte of all those goods and whatsoever belong to the manad- gine of the farme | & profBtt | except that hundred pounds which har due which is to be paide har in Cattell by the Judgment of men : and all my houshould stufe within dores whatsoeuer it be I give to my wife : and my will is that my excequetor william Browne and my sunn Thomas Smith to Joyne with him to leat the farme : or improue it to the best advantage for the good of my daughter mare and to be accounted with and prouided for by my excequetor william Browne in that particquler : Item with | this | consideration that if my wif marey that then the farme is to be leat as aboue said untill thear be gathered for J my ) A portion
1642] RBOOBDS AND FILB8 47
Joseph Dalebar testified that Singleman was distempered in liquor and reeled out of Kieney's house. Thomas Bowen also tes- tified.
Mr. Nicholas Shapley paid William Waller a bond ; discharged to Mr. Wm. Pester.
Mr. Ad [am] Ottley, Mr. Walton and Dearman Mathew, alias MahoDj, commissioners, with power to produce witnesses. Fanner Dexter to undertake it
1 of I A hundred and fiftie pounds to be paid vnto the excequetor William Browne and he to pay that hundred & fiftie pounds at har day of maredg & if har mother leave har then the excequetor Wil- liam Browne to se ye bringing of har vp. allsoe my sunn Thomas Smith is to be Aquitted of that fiftie pound he stand ingadged to pay vnto har : and all the ouerplush of A hundred and fiftie pounds if the lord give longer life vnto my wif Arising out of y* farme is to be left in my sun browns hand and improved to the best vse and after har dissease to be equally parted betwixt my daughter mare and all the grand children I shaU haue then living further my will is that my sunn Thomas Smith whome I feare not : will be truly faithfull to me shall be thearfore my Suprevisor of this my last will: SamweU Smyth", [seal]
Inventory of Samuel Smith's estate, 18 : 9 : 1642, appraised by Lawrence Leach/ Jefferie Massey* and Will. Howard* : Dwelling house, barn, etc., 401i.; farm of 2M acres, 33 broken up, 177 in common and 24 meadow, 991L 8s. ; 6 calves, 71L ; 3 heffers, lOlL 10s. ; 4 oxen, 241i. ; mear and coult, 20U. 10s. ; 2 young stears, 91L ; 7 oowes, 361i« lOs. ; 9 swine, 141L ; Inglish and Indian Come, 2811. ; hempe, 21i. 10s. ; hay, etc., 121i. 6s. ; carte, plow, harrow, etc., 31i. 156. ; silver beiEicker, and 2 spounes, 21i. 15s. ; peauter, brasse, Iron potts, 81L 5s. ; 2 muskitts, 1 birding pese & 1 pr. buidelerers, IIL 10s. ; sword and belt, 12s. ; in cellar, 31L 10s. ; come & hemp sed, 31i. 10s. ; severall towles. Hi. 16s. ; bed, boulster & blanckits, 21L ; bed & bedstead, 41i. 2s.; bed in chamber, 12s. ; bed, blancits & Geverlet, 71L 88., another, 91i. 3s. 6d. ; beed teek, 21L ; bed, bedstead & furniture, 41L 14s. ; wearing aparell of his, TIL 6s.; A 11 Cushings, 21i. 15s.; one carpitt, 15s.; Cobbard Clothes, Hi. ; 3 Chists & A whele, Hi. ; napkins & bord lining, 41i. 18s. ; pillow bears, 311. ; sheets, 71i. 16s. ; bookes, 158. ; wood worke viz., 1 tabell & standard, warming pann & stooles, 31i. 3s. ; 1 grin- stone, a brake, tuter & Iron Bake. Total, 39511. 9s. 2d. Gioods not seen by appraisers but reported to them : Hand carte, 58. ;
2 towe comes, 5s.; a small cowe hide, 8s. ; total, 188. <* the boyes time Prised at three pownds intending the boyes Covenant to be performed as it is in the indenter,*' 3 U.
*AQtograph.
48 8AIJEM QXTAHTBRLY OOUBT [DeCI»
Wm. Payne acknowledged receipt of money from Qeorg Boaps.*^
Gk>od8y house and land of Thomas Ashleyi in custody of Thomas Millwardy attached.
Greorg Davis (presented from Lynn) admonished for nnseemly carriages toward his first wife's daaghter.f Wit : Edmund Audley and wife.
Thomas Gray <rf MarUehead whipped for drunkenness. (
William Keney (also Keine) of Marblehead presented for suffer-^ ing disorder in his house. Quit ; not being his house. §
Widow Woodbury to bring in her husband's will and inventory of his estate.
Walter Price, Robert Gutch, Georg Gardener, Richard Prence^ Robert Leoman, Thomas More, Thosias Tresler, and Wm. Bobin- soD, all of Salem, and Hugh Cawkin of Lynn, made free and sworn, 27 : 10 : 1642.
Lady Deborah Moody, a Lynn presentment, presented for not believing in infant baptism. She did not appear, report being made that she was in a way of conviction before the elders.
Jeffery Esty (also Estie), a Salem presentment, admonished for much sleeping on the Lord's days in time of exercise.!
James Grover, apprenticed servant to James Hubberd, by con- signation of Mathew Bancke, apprenticed himself to Edward Tom- lins of Lynn to learn the carpenter's trade. He is to pay Hubbard eight pounds.ir
One-half of fine of " W* Joans Tayle"' remitted, etc., the rest to Mr. Tho. Ruck.
Fine of Mr. Wm. Payne remitted ; also that of his cousin Ed- ward Payne due to Mr. Thomas Ruck.
Joseph Armetag, attorney of James Hubberd, confesses judg- ment in suit brought by Edward Tomlins.
^Petition of Georg Roaps to have his bond released, he having paid Richard Hollingworth.
fMary Audley, who testified.
} Wit : Willm. Barber, Sam. Dallabar and one Nichoson.
§Wit: Joseph Dallabar, Abra. Whityeare, and Devorux hia man Thomas.
I Wit : Jeffery Massie and G^or. Curwin.
ITHubberd " being one not Orthodox in Judgm*," but going to live out of his jurisdiction. If Hubberd return, he is to have his apprentice bacL
1642] BBC0RD8 AND FILBS 49
Francs Johnson, breach of town order, felling trees to sell with- out consent. Order sent by Burows and Wm. Wake.
Account between Mr. Wm. Woodcoke of London and Mr. Wm. Browne of Salem taken 1 : 12 : 1640, by Mr. Edward Holyocke and Cp. Bobert Bridgs, auditors, and swome to by Mr. Browne before Gk)yemor Endecott.
Thomas Olliver preferred against several delinquents about fence at Darby fort side. Referred to Mr. Hathome and Baph Fogg.
Daniell Bumble (also Bumball)* fined 2s. 6d. for extortion. Wit : William Clarke, '* and the Cause duely waiged by smiths & others of the same Calling." Bumble to have but 20d. from Mr. Clark for ** y^ work done about a howe."
William Ooult* for reproachful and unseemly speeches against the rule of the Church to sit in stocks an hour and be severely whipped next lecture day.
Henry Bulflower,* servant to Tho. West, for visits, and entering house of Willm. Browne and Thomas Eabome (also Ebume) in time of public meeting on Lord's day, and there taking and eating provisions, to be severely whipped.f
Guido Baly* admonished for beating his wife.t
Thomas Tuck* fined for drunkenness and common tippling.§
John Peach, sr.,* fined 208. for giving Trustrum Dolliver oppro- brious provoking words urging to a breach of the peace. |
Lawrence Leech,* Daniell Bay (also Bey),* Bobert Molton,* Mr. Baoon,* Willm. Walcott (also Woollcott),* Capt Trask,* Mr. Walter Price,* Thorns. Smith,* Georg Wright,* Bobert Goodell (also Goodale),* Bichard Ingerson (also Likerson),* and Boger Hascall* presented for breach of order of court, keeping their cattle in the common com fields, and all but last named fined. Hascall's cattle being '< diseased," he was quit. Complained of by neighbors. Wit : Lawrence Leech, Bichr. Bishopp, Jno. Shepley and Geor. Harries. As the cattle were his brother's, *' a poore man Gk>ne for England & his wyfe heare," half of Walter Price's fine was remitted.
Question whether a swamp is in Salem or Lynn. Line to be run
*Salem presentment.
tWit : Willm. Browne and Thomas Eabome.
tWit : Humphrey Woodbury.
§Wit: Charles Turnrer] and Walter Knight.
I Wit : Sarah, wife of Bo. Allen, and John Devorux.
50 8ALBM QUABTERLY OOUBT [Feb.
by Cp. Trask, Mr. Edm. Batter and Mr. Clarke to the tree marked in Mr. Humphrey's island.
A x>ost with a pillory to it to be set up by the constables.
Wm. James' fine remitted.
Osman Batch's petition considered.
Bichard Ingersall's motion concerning trespass by Ck>odman Leech's cattle referred to Mr. Hathome, Mr. (Gardner and Gkx)dman Massy. — Wtufe Book.']
Court held at Salem, 28: 12: 1642.
[Present : John Endeoott, Esq., Dep.-Gov., Mr. William Hath- ome, Mr. Simon Brodstreet, Esq. and Mr. Edw. Holliock.
Bichard More, Hugh Stacy, Thomas Avery, Edward Beauohamp, Tho. Edwards, John Kitchen and Henry Harwood made freemen.
John Holgrave admonished for perjury and for affirming untrntht before the Church in Salem.
John Colever, servant to Wm. Kieney, presented for carrying a burden on the Lord's day. Absent, not in the country.
Bobert Cotta and Phillip Crumwell admonished for reproachful speeches against Phillip Verrin.
Bobert Cotta presented for removing a bound stake.
Josna Downing presented for carrying a burden upon an ass on the Lord's day about two years ago. Wit : Elias Stilman. << Non Vallett."
Baph Elwood presented for absence from watch. Not proved.
Jeffrey Eastey, being overseer of their field, admonished for want of a fence.
William Flint presented for not living with his wife. Answer : '* his mother was not willing to Lett his wyfe come." Quit.
Bichard Graves presented for neglecting to tend the ferry care- fully. He confessed and said that he was not put in by the court, and it was necessary that he go to the mill. Also presented for oppression in his trade of pewtering. Quit Admonished for taking rails from Christopher Tong's lot ; and fined for taking wood of Thomas Edwards, and evil speeches, calling ** him a base fellow, & y^ one might Bunn a half pike in his bellie & never touch his hart.''
Bichard Johnson of Lynn presented for reproachful and un- seemly speeches against Mr. Hanford and his wife in a slanderous way. No testimony. *« Divers of Lynn Gkm to Long Hand & aome not warned : Gk)odman Thome & Miohaell Meller."
1642-3] RECORDS AND FILES 51
•
Walter Knight presented for not living with his wife. Quit
" Biohard Lambert for stealing of Boards at Makerell Coye. Absent in Bay, to Sum^ him ; to Peter Woolf , & Jn^ Taker & other witnesses, 5* apiece, fees.*'
Miohaell Millner of Lynn presented upon a common fame of idly and nnprofitably spending his time. " Gone to Long Iland."
Biohard Norman, jr., fined 10s. for slighting ordinances and carrying a burden on Lord's day. His father, Bichard Norman, answered for him.
Francs Perry presented for putting his oxen into South field before harvest
John Pickworth presented for absence from watch. Quit.
John Pickering of Salem presented for not making a bridge sufficient and safe for man and beast.
William Bobinson of Marblehead presented for absence from ordinances and carrying a fowling piece on Lord's day.
Sara, wife of Henry Benalds of Salem, presented for pilfering. Now in childbed. Admonished, to sit in stocks one hour next lecture day, and to make restitution to Goodman Bullock. Wit : John Beeves.
Thomas Boots, being overseer of their field, presented for want of good fences. Quit
Peter Simes presented for living without his wife. He being absent, Capt Trask satisfied the court Quit
Boger Scott of Lynn presented for common sleeping at public exercise on Lord's day, and for striking him who awaked him.
Josias Stanborough presented for seeking to defraud an execution.
Capt William Traske fined for want of a toll dish, over toll, bad grinding, want of beam and scales hung up, and suffering Peter Simes to grind, the court having before disallowed it Fined 10s. for want of scales.
Thomas Trusler, presented for oppression, is quit.
William Thorns (**but his name was John") presented for re- fusing to watch in tilie military watch. G^ne to Long Hand.
Thomas Tucke fined 56. for refusing to watch.
John White, sr. presented for refusing to watch. Wit : Charles Turner. *' Tho : Lothrop must be summoned if witnes."
Willia Wake presented for not living with his wife. Quit
Mr. Bobt Button absent.
William Winter (also Witter), a Lynn presentmenti presented
62 8ALEM QUABTBBLY OOUBT [June
for saying that Mr. Cobbett taught things against his own oon< science, and for speaking against the ordinance of infant baptism. Wit : Geor. Farr and Eobert Driver. He is willing to see light from speech of our elder, Mr. Norris. To acknowledge his faith next lecture and ask Mr. Gobbet's forgiveness. — Watte Book,']
GouBT HELD AT Salem, 27 : 4 : 1643.
[Present : John Endecott, Esq., Dep.-Gov., Mr. Symon Brod- street, Mr. Wm. Hathome, Mr. Edw. Holliock and Mr. Bichaid Bellingham.
Lynn presentments : —
Thomas Patience, by a common fame, and upon vehement sus- picion, not only of holding, but also of fomenting the error that baptism of infants is no ordinance of God, and hindering his child from baptism. Gone away. Wit : Jno. Buckman.
Mrs. Kingeand James Hubberd, for not believing in infaQt bap- tism, the latter for his arguments in public. Gone.
The wife of John Tillton, jr., same, and speaking contemptu- ously of it. Wit : Gerrard Spencer.
Roger Scott, for idle speeches and excessive drinking. Wit : Thom. Ghadwell and Mary Knight, servant to Mr. Hen. Walton.
Dated 14 : 10 : 1642. Signed by Raph Fogg,* Sec. Return, 16 : 10 : 1642, by Francis Lightfoote. A similar copy is signed by Robert Bridges,* foreman.
Salem presentments : —
Walter Knight, for a frequent liar and glorying in his and his wife's illegal relations before marriage. Wit : Jno. Maston and Miles Ward.
Peter Petford, for perjury.
William Bound and wife, for holding the baptism of infants to be no ordinance of God. Dated 15 : 10 : 1642.
Wm. Bound was dispensed with, being in a way of conviction before elders.
James Hubberd. Gone away. Peter Petford. Gone.
Writ : Phillip Vdall v. Wm. Addis of Gloster, 2 : 9 mo : 1642. Served by Georg Norton, deputy of the Salem marshall. Bond : William Barnes of Gloster, surety, dated 26 : 9 : 1642. Wit : George Norton, Mary Norton and Joseph Parker.
Venire to constable of Lynn, 20 : 12 : 1642. Signed by Raph Fogg.^ Returned by Francis Lightfoote,* constable.
Writ : Willm. Wells v. Tho. Dexter, jr., 13 : 10 : 43. By the court, Edward Tomkins. Timothy Tomlins is security for defend- ant's appearance. Endorsed by Willm. Longley,* constable of Lynn.
*>Aatograph.
1643] BBOOBDB AND FILBS 68
Civil cases : —
Bose Fletcher of Boston v. Mathew Waller. Debt.
Phillip Vdall v. William Cantlebury. Debt Wit : Tho. West ** Cotton wooll tendered p m' Qardene'."
Thomas Allen and Richard Collacott, assignees to Mathew Allen of Harford in Conecticott v. Mr. Ed. HolUocke, attorney for Francs Webb of London, dyer.
John GodfFrey y. Bichard Kent, sr. of Newbnry. Kent found greatly criminal To be whipped.
Lt. Edmund Oreenliff of Nubury y. Willia Waldron of Dover in Pascataway Biver. Beferred to Mr. Spencer and John Emerey.
Bichard Hyde y. Charls Glover.
John Hardy and Henry Swan & Company v. Francs Perry. Debt
Bobert Lewis and John Maddoz v. Wm. Paine of Ipswich.
Bobert Lewis v. John Aslett of Bowley. Debt.
Thomas Buck v. John Coggan of Boston, merchant
Same v. John White, sr. Trespass.
Same v. Bobert Codnam. Debt
Same v. Thomas Weeks. Debt
Grand jury same as last court; and other names as follows: Lt Bichard Walker, Thomas Gardener, sr., Thomas Spooner, Thomas Antram, Willia Allen, Esdrase Beade, Marke Vermass, John Woods,* Willia Cawdre,* John Gillo, James Axey* and John Mansfield. The three whose names are starred (*) were sworn freemen the morning the court convened.
Thomas Trusler fined for absence from jury.
Henry Collins and Henry Walton, <' Lambert's witnesses." ^ Of Lieft Howe or his brother."
Francs Johnson had summoned Hill and Benjamin Parmeter to appear.
Wm. Ebirker 48. and costs, and nonsuited James Huberd.
Charles Gott and John Home, deacons of the church at Salem, confess judgment against themselves of lOU. to George Emerey.
Ann Sallowes called for a witness against Benalds.
Joseph Armetag confesses judgment in favor of Willia Caudre as attorney for Samnell Wade, merchant tailor, of London.
Petition of Dearman Omahone, Thomas Dexter confessed judg- ment in favor of Dearma Mathew alias Mahonie for wages due. Execution to constable at Lynn.
Elizabeth Estick deposed concerning the service of Mary West,
54 8ALEM QUABTERLY OOCBT [JuDO
that she was not present when Mary demanded 20s. wages, and that (Goodman Ganterbary said that it was less* for she did not have as much in another place and that they had oomplained of her negli- gence, whereas *^ y* woman is a very diligent woman."
John WhiUock fined 20s. for neglecting ye watch.
John Mascoll, servant to Mr. Goog, fined for neglecting the watch.
Farmer Dexter mored for costs after Joseph Armetage had gone.
Thomas Oddensell fined for breaking court's order, neglecting the watch, etc.
Robert Gotta admonished and fined.
Mr. Edward Tomlins deposed about a mare and two oxen in execution against Mr. Gk>old, Putnam and James Hubbert.
Will of Thomas Eabome proved, and inventory presented* Amount, 211i. 16s. 5d.
Will of .^ohn Woodbury, deceased, proved. His widow Ann Woodbury, executrix, ordered to bring in inventory.
Inventory of William Ballard of Lynn, deceased, filed.
Accounts, etc., of Peter Busgutt, smith, brought into court by Baph Fogg.
Joseph Boyse petitioned concerning disposal of hides left in his custody by Samll. Eabome, deceased. Court ordered ** every man to have halfe a hyde of y^ wch is unmarked and unknowne for the making up those that wear Lost & for y^ Lethe' y^ is marked he is to have his thirds & his pay out of the Lethe' "
28 : 12 : 1639, Phillip Verin of Salem acquitted Francis Perry of Salem and his wife of all debts, etc., and of a bond due to Ed-, mund Batter from my son Bobert Verin, deceased. Wit: Wm. Hathome and Anna Hathome.
Will of Anne Scarlet, who died «the last day of the 12^ month," was dated 2:1: 1639 and proved 30 : 4 : 1643. Mr. En- decott, Dep.-Gov., delivered it to court 11 mo : 1642. ** I doe Desire to have some order taken for the payinge my brother Sam- uell ... in old England the some of Tenne pownds w^ he layd outf or mee. And also my brother Dfavid's] Children twelve shillings a peece to buy them a w^hall. And for the rest of my goods & moveables, & lynnen & wollin I desire they shall be equallie Devided to my three children. Mary Margaret & Joseph equally alike to them : Also I Doe give unto my sister Dennis my blew gowne further I give to my brother James Hindes tenne shillings. And alsoe my three Children to be wholy executo" &
1648] BBOOBDB AND FILB8 56
22: 2 : 1638, Mr. John Blackleeoh of Salem agreed not to dis- poee of his farm, 3 oows, 1 heifer, 23 ewe goats, 7 weathr goats, and his house at Salem, also his 10 acre lot, without the ocmsent of his wife Eliz. ; and that after their lives it shall be for the use of their children. Wit . Jo. Winthrop and Hugh Peter.
Jno. Holgraye v. Mr. Adam Ottley, as assignee or agent for the worshipful Jno. Humphreys, Esq. Debt Referred to Mr. Ha- thome, Mr. HoUiock and Mr. Batter, commissioners of Mr. Hum- phrey's estate.
Thomas Dexter ▼. Richard Harper. Debt. Attachment granted against Rich. Harp[er] and Wm. Wells, his surety. — WoiteBookJ]
CouBT HELD AT Salkm, 26 : 10 «. 1643.
[Present: Jno. Endecott, Esq. Dep.-(}oT., Richr. Saltonstall, Esq., Mr. Symon Brodstreet, Mr. Wm. Hathome, Mr. Emanuell Downeing and Mr. Edw. HolUock.
Jury of trials : Mr. Townsend Bishop, foreman, Mr. John Blak- leech, Wm. Lord, Nicholas Browne, Tho. Leighton, Edw. Buroham, Henry Collins, Francs Lighfoote, John Bulfinch, Thomas Law- throp, Oenras (Harford and Thoms Venner.
Civil cases :—
Robert Lewis and Jno. Madox v. Mr. Wm. Paine. Debt.
William Clark v. Edm. Batter. Trespass. Referred to Mr. Endecott, Depy., Mr. Hathome and Jeffry Massia
Henry Sewall v. Wm. Ting, treasur. and David Yale, merchants, as agents for Mr. Greorg Foxcrofte. Execution against D. Yale to marshall of Boston.
Henry Sewall v. Abram Tappin and Richard Knight
Christopher Lawson v. John Smart
Peter Palfrey v. Cp. Thomas Hawkins, attorney for Oeorg Rich- ardson, mariner.
Henry Roby v. Ann Needum. Attachment to constable of Exeter.
William Sargeant v. Mr. Wm. Hook of Salisbury. Debt of 566. in com at price it was three months ago.
my brother Browning & his wiefe advisers. And also my brother
Joseph Graf ton I desire him to advise in the ordering of my goods
h my things as are abovewritten. And that my children may y
equallie devide such of my goods as shall remayne aftere these / \
things be discharged that are abovenamed equallie amonge them. ^ v
Anne Scarlet."* Wit : James Hinds,* James Moulton.*
*Aatograph.
66 SALEM QUABTEBLY OOUBT [DeO.
Oeorg Norton v. Stephen White, for stealing a dog. Trespass.
James Smith v. OlUver Fishley. Trespass. Attachment to oon* stable of Gloucester.
Eose Whitlock v. Francs Tharley, for nnjost molestation. Eeleased each other from any " lyes or bonds concerning mariag."
John Pease v. Thoms. Trusler. Trespass.
Gp. Hobt Bridgs, foreman.
John Fayrfield fined 30s. for attempting chastity of wife of Goodman Goldsmith.*
Thomas Gray of Marblehead to be whipped for being overseen in drink. To pay Wm. Barber.
Lt. Bier. Davenport, foreman.
Josias StanboroQgh gone oat of Con try & patten t.
Lt. Davenport, foreman, 27 : 4 : 1643.
William Borradg, <' its Buriott," 2iacheus Curtise (also Curtese) Mr. Downing, Lt. Bichr. Davenport, Bobert Gk)odell, Bichard Inkersall (also Inkersell), John Pntnam, Francs Perry, Daniell Bay (also Bey) and Tho. Spooner fined for putting tibieir cattle into the North com fields.f
Aald Churchman of Lynn, presented for living without his wife for seven or eight years, and for having the wife of Hugh Burt locked with him alone in his house, discharged, provided he bring to Mr. Endecott, Deputy-Governor, Mr. Dumer's certificate that he has the means for his wife's coming. He was fined.^
Bise (also Bice) Edwards and his wife admonished for incontin- ency before marriage. §
Zacheus (also Zacharey) Fitts of Lynn presented for keeping great cattle and swine in his own land within a common fence. |
^Summoned by constable of Salem.
tWit : Tho. Bead.
i Wit : Joseph Flood and Jarrard Spencer.
S Wit : Henry Walton and Mary Bourne.
I Wit: Bo. Driver.
Deed of Wm. Hughesf of New Meadows [afterwards Topsfield] to Bichard Barker of Quichichock, dated Aug. 13, 1643, for 381L, and ISli. more to be paid before Oct. 14 next, cattle, house and house lot of 7 acres broken and 2 unbroken, with com, hay and straw "at the farme of Mr. Baim^ where I Willia now livs." Wit : Ada[m] Ottley,** John Hughes.** Aokn owledged before Jo. Winthrop, Dept.-G^v. and Increase Nowell,** Sec.
TAutograph and seaL ** Autograph.
1648] BB0OBD8 AND FILES 67
John Freind confessed that he struck Nathaneell Pittman in his own honse. Admonished.
Marie Hill of Marblehead fined for being overcome with wine.*
Grand jury : Salem, Boger Gonnant, foreman, Thoms. Gardener, Jacob Barney, John Alderman, Heniy Bartholomew, William Woodbury, Jeffry Massy. Wenham, Joseph Batchler. Gloster, Hugh Calkin. Lynn, Tim. Tomlins, Joseph Flood, James Axey» John Woody Nichos. Potter, Willia Knight
Christopher Lawson to answer for extortion, brought for Wm. Coale, Thomas Wight and others. The petition of those Exeter men who should prosecute is likewise granted.
William Tayler, servant to Zacheus Goold,to be severely whipped for stealing, and to make double restitution.
William Willson, servant to Cp. Bridgs, fined for being drunk. To be paid by Mr. Holliock.— Wagte Book.']
CouBT HELD AT Saxem, 27 : 10 : 1643.
[Robert Driver complained of Samuell Hall of Salesbury for beating his daughter Phebe Driver (about eight or ten years old). Fined 26s.
Wm. Barber admonished for beating his wife.
David Nicholson, servant to Mr. Jno. Freind, complained of want of clothing ; is to be supplied, ^ James Smith offering a moose skinn,upo m' Stephens acco to m' Freind."
John Poole and Joseph Armetag gave bond that Tege Omohoine, son to Dierman oMahonie, shall be taught to read the English tougue, which indenture was delivered again to Joseph Arme- tage.
28: 10: 1643, John Marston and Thomas Marston, appointed administrators of estate of Robert Marston unto the true heirs, who are in England. John Sanders and Thomas Macey, both of Salisbury, joined with them for direction, etc. Bond, lOOlL To bring in inventory at Ipswich court.
Thomas Dexter, sr., to answer Wm. Wells.
John Russell recognized for good behavior, and whipped for beating his wifa
Willia Walcotfs wife, children and estate committed to Richard Inkersell, his father-in-law, to be disposed of " according to God ; & the said Wm. Walcott to bee & Remaine as his servant"
*Wlt: W. Blanchett, Jo. Blanchet and B. Parmeter.
68 SiUJBM QUABTBBLY OOUBT [DeC.
John Peach and Gk)ody Bartall to answer for certain lasciyioaa speeches, etc. ; *< a girle of Xpr. Onld " mentioned. Wit: Gk>ody Stacy.
Joseph Armetage (Lynn presentment) fined for procuring a warrant summoning seventy persons as witnesses before the Grov- emor.* Also presented for selling mortgaged house and land, but
quit.t
Christopher Avery presented for living absent from his wife.
William Barber presented for beating his wife and quarrel- ling.
Jonas Clay admonished for being addicted to lying and deceitful
dealing.) Thomas Chubb presented for misspending his time idly to the
prejudice of his family.§
Phillip Crumwell presented for living apart from his wife. Not warned.
William Clark to be whipped for spying into the chamber of his master and mistress, and for reporting what he saw.|
John Devoreux fined 40s. for striking Heury Stacy in his own house.
Thomas Dexter presented for evading justice in challenging cat- tle of Mr. Ottly (also Otley) under execution, and putting others in their room. Quit.5[
Wife of Wm. Edwards admonished for striking a man and scoffing at his membership. " She is conceaved to be a very igno- rant sottish & Imperious woman.'^^*
Mr. G-riffin presented for swearing by the name of God.
Eobert Hethersay presented for lying from his wife these many years. His answer satisfied the courtff
Walter Knight, John Leech, sr., Peter Simes and Thomas Tuck, presented for living absent from their respective wives, were dis- charged.
♦Wit : Mr. Edw. Tomlins and Nicholas Browne.
tWit : Mr. Bussell of Charls Towne.
(Summoned by Wm. Fiske, constable of Wenham.
§Wit: Thom. West and William Dixie.
|Wit : Tho. Goldsmith, Michaell Sallos and Edw. Willson.
I'Wit: Mr. Edw. Tomlins and Joseph Armetage. **Lynn presentment. Wit : John Wood and Bonifac Burton. ttLynn presentment.
1648] RB0OBD8 AHD FILES 60
Christopher Lawsun (also Harson) of Wenham fined for money from Mr. Edward Tomson.*
John Bussell and his wife severely whipped for fighting between themselves and idleness.
James Standish fined for being vehemently suspected of being drunk.
John Staddley fined for stealing his master's axe and selling it to him.t
Roger Scott to be severely whipped for drunkenness.
Captan Traske, for not having scales and weights hung up in his mill.l
Robert Tike admonished for stealing wood from Thomas Beads. Wit : Tho. Bead.
William Wake, presented for living from his wife many years, discharged.
Mr. Henrie Walton of Lynn presented for saying that '* he had as Leeve to hear a Dogg Barke as to heare m' Cobbett Preach." Quit§
William BamesIT fined 61L for swearing; to give security to Wal- ter Tipper (also Tibbott), constable of Gloucester. Surety, Wm. Addes. Wit. to bond : James Smith and the mark of James Bals- din. Barnes and Addies of New Gloster.
Mr. PhiUip Thome, mate to Mr. Griffin, presented for swearing and drinking to excess.
John Hodges, Stephen White, Edw. Bullok and Anselm Whit presented for swearing, and fined lOs. each.
Bichrd. Hedges presented for swearing and abusing the watch, and fined 15s.
John Bruer presented for swearing and drunkenness, and fined UL lOs.
Mr. Phillip Thome gave bond for alL
Bichard Hollin worth and Charles Glover agree that all things
^Wit : Mr. Tompson and his wife, Bumball and his wife,
and William Fisk, summoned by William Fiske, constable of Wen- ham, 9 : 12 mo : 1643.
tWit : Tho. Trusler, Baph Talbot and Tristra. Dallebar.
iWit : Bich. Prence, Nich. Stacy, Tho. Trusler and Hugh Stacy.
§Wit: John Smith and two others. Summoned by William Longley, constable, 20 : 12 : 1643.
TAutograph.
60 SALEM QUABTEBLY OOX7BT [Feb.
concerning the ship and account be referred to Cp. Hawkins, Mr. Wm. Hathorne, Eobert Molton, Henry Bartholomew and Jeffry Massey.
Creditors of widow of Charles Tomer, deceased, to prove claims. Inventory of his estate to be brought in, <*for y* more peaoable & comfortable subsistance of the widdow."
Will of John Sanders of Salem proved 28 : 10 : 1643.*— WattB Book,"]
CouBT HELD AT Saxem, 20 : 12 : 1643, bt adjoubkmbkt.
[Present: The Worshipful Jno. Endecott, Esq., Dep.-6ov.,Jiir. Dudley, Mr. Symon Brodstreet, Mr. Wm. Haythome, Mr. HoUi- ocke, Mr. Symonds, Mr. Bellingam and Mr. Saltonstall.
Mr. Thomas South freed from training on 30 : 1 ^ 1641, paying 5s. per annum, is now quit on account of age.
Kichard Gell, servant to Francs Felmingham, to be severely whipped for breaking into house of Mr. Keaser on the Lord's day and stealing 2 parcells of tobacco, etc.
John Ingalls and Mary Bentley fined 10s. each for wanton dal- liance, etc.f
Edward Kichards fined 10s. for unwarrantable proceedings against above parties, in acquainting the magistrates.
Inventory of estate of John Woodbury, deceased, sworn to by his widow.
Will of Abram Belknap sworn to.)
*He bequeathed <<unto my sonn John Sandars my Tenn Aker lot with my hous new built on the Commons side right over a gainst it when he Come to the age of one & twentie yeers or at the death of his mother with the Aker And halfe of middow ground adioyning to it and I do be trust my father Joseph Graf ten & goodman Hardie to see this my will & ded performed mad in the yeere 1643 y« 28 of October.*' Wit: Nathaniell Porter,! Henrye Birdsall.§
t John Vpsell testified that he heard Thomas Winterton say to John Ingals : << Thou hadst need g^ve me a good many — to stick to thee in this case."
(Inventory of estate of Abraham Belknap of Lynn, who deceased the beginning of the 7 mo. 1643, taken by William (his mark) Tilton and Edward Tomlins, 16 : 12 : 1623 : Sheep, 4 yewes, oli. ; 2 wethers. 111. 6s. 8d. ; 7 yerlinge calfes, 31i lOd. ; 2 cowes and calfes, 81i. 10s.; 2 yerlinge calfes, 31L 15s.; 4 yow gotes,
fAotograph.
1643-3] BBCOBDB AND FILES 61
Jabez Hacketty Thorn. Soath, Wm. Prichard and Tho. Winier- ton fined for drinking. Charges of witnesses to be allowed by the persons fined proportionately, only Lawrence Douse and his wi& are to have 5s., half by Jno. Smith, and half by parties fined, and Mary Eowden by John Smith to have 2s. 6d. ; Tho. Putnam 20d. by the three.
Jonas Clay confessed judgment in a suit bought by Edmund Tompson. The house and land as security. Execution delivered 21: 3: 44 to Mr. Thomson's maid and Wm. Fiske, constable of Wenham, to receive from Jonas Clay 31s. and charges.
Tho. Chubb fined for taking another man's axe, and to pay to Wm. Allen, 4s.
John Smith, servant to Henry Walton, severely whipped for lying, stealing, disgraceful behavior toward his master, and absent- ing himself from his service. Fined SOIL, which, if he cannot satisfy by service, his master *' hath power to sell him."
Bandall Houlden examined in court. Discharged. (}o[o]dy Olliver to be whipped for saying that Houlden suffered wrong by the court, and should be vindicated. Wit : Henry Burdsell and James Standish. — Wcute Book.^
CouAT HELD AT Sauem, 9:5*. 1644.
[Present : Jno. Endecott, Esq., Gov., Mr. Bichr. Bellingham, Mr. Sym. Broadstreet, Mr. Wm. Hathome, Mr. Em. Downing, Cp. Eobt. Bridges and Mr. Ed. HoUiocke.
Hi. 6s. 8d. ; 1 kidd, 4s.; 1 sow and piggs, lli.; 4 shottes, Hi. 10s. ; the houses and 5 akres of land, Tli.; 2 akers of planting Land, IIL 10s.; 2 akers salt marsh, lli.; 6 akers saltmarsh at fox hill, 21i. ; 30 fleers at the village, 21i ; 1 braspitt, 10s. ; 1 iron cettle, 6s. Sd. ; 1 brascettle, 3s. 4d. ; 3 ould skillets, 3s. ; 1 friing pan, Is. ; pot hookes and pot hangers, 2&. 6d. ; 1 spitt, Is. 6d. ; 7 pewtor platters, 14s. ; 1 bras pestill & morter, 2s. 6d. ; 1 candle stick and dripping pan, 2s. ; 1 ould warming pan, 38. 4d. ; 1 payre of tongs. Is. ; 1 payre andirons, 2s.; 1 table, 3s. ; 1 Chyer, 2s. 6d. ; 1 chest, 1 box, 4s. ; 1 chest, Is. ; 2 flock beds, 1 boulster, 138. 4d. ; 1 f ether bed & bocdster, lli ; 3 coverlettes, lli. 6s. 8d. ; 4 blankits, 13s. 4d. ; 3 pillowes, 68. ; 3 prs. sheetes, lli. ; 1 sheete, 28. 6d. ; 2 payre pillow beres, 68. ; 2 table clothes, 4s. ; 1 doos. of napkins, 3s. ; ould iron, 4 wedges, 4s. ; 1 ould ax. Is. ; 1 ould hachett, 8d. ; 1 mattock Is. 6d. ; total, 531L lOs. 3d. Signed by Mary (her mark) Belknapp. The estate owed Joseph Armytage, Francis Ingalls Groodman Phillipes, Rich. Bowton, Tho. Laighton, Ed. Farington, Jerard Spencer, Mr. Ringe and John Person, amounting to 51L 13s. 3d.
62 SALEM QUABTBRLY COUBT [^^^7
John BartoU and wife y. Alice, wife of John Peaoh, jr. De- famation. John Peach, the husband, had gone to sea, when the process was served. Wit : Eichard Cook and wife of Marblehead, Goody Tompson, Mr. Moses Maverik, John Devoreuz and wife Abraham Wliitheire and wifa They mention that John Bartall had his child (also '' barne") in his arms. Gk>ody Devereux called John Peach a wittalL*
Grand jury : Roger Connant, Thomas Gardener, Jacob Barney, John Alderman, Henry Bartholomew, Willia Woodbury, Jeffery Massy, Joseph Bachler, Hugh Caulkin, Timothy Tomlins, Joseph Flood, James Axey, John Wood, Nicho. Potter and Wm. Knight
John Burridg, a boy apprenticed to Jno. Porter, being but little and his first offence, to be whipped severely for breaking up two chests and said Porter's man's chest, a hat band, and for taking a pig (which he said he had found one and one half miles from Mr. Downing's farm, but did not cry it), a chisel and a drawing knife, and selling them. He sold the knife to Bier. Leech. His master said that he lost a shirt the year before, and suspected the boy.
Six acres of land lying by Farmer Dexter, given him by the town, challenged by Tho. Dexter by a former gift It is agreed that he shall have the six acres near Mr. Holliock's twenty acres. He said that he bought one hundred and fifty acres, house and wares, at twelve pence per acre.
John Pickering thinking he had given satisfaction by going to Lynn and acknowledging the wrong done to Mr. Tomlins, asked to be quit Left to Mr. Tomlins to settle, presuming he will deal kindly with him, and admonishing John Pickering that <* it is a matter of such consequence as might have cost him much."
Samuell Hall admonished about Driver's girL
Goodman Witter of Lynn brought in willf and inventory of estate of ould Hugh Churchman of Lynn, and the will dated 4:4: 1640, was proved by Zacheus Gould. Estate to be preserved in Wm. Witter's hands.
* Witnesses summoned by David Gurwethyn (also Gurwithin). Summons, dated 24 : 4 : 1644, was signed by Baph Fogg.t
Writ : Mr. Hugh Ap Prichard v. John Sadler, dated 3 : 4 mo : 1644, signed by Obadiah Broen, and addressed to the constable of Gloucester. '
f I gi^e my howse and Lot | in Len | w*^ ale my march and ale
lAntograph,
1644] RBCOBDS AND FILES 68
Joseph Armitag declared that Cp. Hawkins owed him for ** 200 ton of squar & saw : Timber at 178. per tunn, 12 kentall & 4011. of dry Codd & 3 hundred of 2 Inch planck." Wit : Major Sidgwick, Mr. Edw. Tomlins and Goodman Chaffy.
other the apurtenances tbarevnto belonging to wilyam wenter tel his son Josias shale atayen the age of twenty one yeares and then to lus son Josias and his Ayeres for ever : i}^ this Gondicon that he shale paye to his sister hanna winter ten ponndes w^'^ in one hole year after the af orsayed Josias winter shale atayen the age of twenty one yeares and if he shale Befeuse to paye to his sister hana winter ten ponndes of Corant money then my will is that hanna winter shale hsve the bowse and lot w^'^ ale and singeler the apurtenances to her and her ayeres for ever and she shall paye to her brother Josias ten poundes : and my will is that if the afore- said Josias shale dy before he shale atayen the age of twenty & one yeares that then the af orsayed hanna shale have it w^ut paying aney thing out of it : and my will is further that if the af orsayed Josias and hanna shale booth dy before thattheye shale atayen the age of twenty one yeres that then wilyam winter or his now wif or the longer liver of them shale have it to them and thar Ayeres for ever : I do g^ve to the widow Androes that thre shilinges that she oethe me and further I do giv her one buchel of Ingen Ckiren to be payed w^in one moneth after my death : I do give gorge far one buchel ale so to be payed at the same tyem : I do ale so give to edward burt ten shilinges to be payed w^in one hole yer after after my death : I ale so give to m*^ whiten and m^ Cobet: five shilinges apece to be payed w^Mn one hole year after my death : ale the Best of my goodes or Chateles vnbequeaved I give to wilyam winter whom I do macke sole exeter to this my wilL hegh Churchman.''* Wit : Zacheus Gould.*
Inventory taken 4 : 6 mo : 1644, by Nathaniel Tiler, Hugh Burtt and Bobert Driver : Wearing aparrill, 21i. ; straw bed, two blankits, tow pillows, three shetes, IIL ; little iron pot, little bras cettle & a friing pan, 10s. ; puter pint pot & 2 sponns, 2s. ; gred- iron, pot hookes and bellowes, 2s. ; one trofe witii a cover and a little kneding trof, one tra, and other woden dishes & trenchers, 6b. 8d. ; 2 emti cask, a pale, a peck and a halfe peck, 4s. 6d. ; 2 cheetes, 4s. ; shers and presing iron and yard & a qushing, Is. 6d. ; betle and wedgis, 2 axis, 2 sawes, 2 hows and other working towls, 16s. ; a flich of bacon, 6s. ; puter Chamber pot, Is. ; a bed cradle, with other lumber, 3s. ; 20 bushels wheat, 411 ; 4 bushils Indian, 128. ; 2 bushils barly veri cors & musti, 4s. 6d. ; 3 bags. Is. 6d. ; a bible with another booke, 4s. ; corne one the ground, 21L 10s. ; debts due, Hi. ; 4 scins, 6s. ; total, 141i. 14s. 8d. Atendance in his siknes & chargis at his buidall, lli 15s. 6d. Debts owing by him, 268. 3d. House, lot and marsh appraised at 61L
*Antogxmph.
64 8ALBM QUABTBBLY COURT [^^7
Jury of trials : Thorn. Lathrop, foreman, John Hardy, Phillip Verrin, sr., Kichard Bishopp, Thorns. Spooner, Biohard Prence, Peter Palfrey, Georg Keysar, Thorns. Marshall, Thorns. Putman, Thorns. Parker and Mathew West.
John Poole v. Nicholas Potter and Nicholas Browne, in behalf of Lynn. Case for six acres of land, due eight years since or more.
John Poole v. Hugh Burt and Eobert Mansfield of Lynn. Case for taking away his arms. John Poole to maintain six poles and two feet of fence.
Joseph Armetage v. Cp. Thomas Hawkins. Debt. Case to be tried at Boston.
Goodman Wm. Harker and Dearmon O'Mahone undertake to pay Mr. Baph Woory some money.
Mr. Tho. Clark of Dorchester brought in Mr. Adam Ottley by attachment. Security, Mr. Tim. Tomlins. Confessed judg- ment.
Thomas Lothrop and Thomas Putman fined 3s. 4d. for absence from jury, and fine remitted.
Samuell Winsley of Salsbury v. Mr. Wm. Hooke of Salisbury. — Waste Book."]
CouBT HBLD AT Salbm, 10 : 5 : 1644.
[Thomas Smith v. Eobt. Hawes.
Mr. Wm. Hooke, by his attorney, Mr. Bawson v. Mr. Samuell Winsley. Breach of bond.
Samuel Greenfield of Exeter y. Henry Ambros of Hampton. For detaining and entertaining Jonathan Thinge, a boy, contrary to order of court.*
William Prichard v. John Browne of Hampton. Debt.
Bichard Smith of Ipswich y. Mr. Wm. Paine of Ipswich. Debt Paine ^ hath pd the debt of 341i. 10s. for one 6th p>^ of a 16th p'^ of the shipp Sarah."
James Smith y. Jno. Freind and Henry Greene. For taking and spoiling a shallop. Beferred to Mr. Towenshend Bishop, Mr. Hol- graye and Joseph Armetage.
* Wit : Nathanyell Boulter, Bichard Bulear and Thomas Keney. Writ dated 18 : 4 : 1644, and signed by Wulia Wenbome, for the eourt Bill of costs to Samuell Greenfeld, including trayel from Exeter to Boston and return, 5 days, 10s. ; 2 days going for the marshall to Doyer, 48., etc.; total, 211. 10s. 8d.
1644] RECORDS AND FILES 65
John and Stephen Talbie admonished for nnbecoming speeches about a dog in the water, though not proved the baptizing of him.
Phillip Mannaring fined 50s. for abusing the watch on the Lord's day. Lt. Haward sent to for security; note sent by Henry Greene.
No land that was Mr. Howells of Lynn and sold to Jno. Elder- kin of Lynn, shall be enrolled by any such men as have since bought it of Jno. Elderkin till ordered by court. Gave transcript of this record to Mr. Emanuell Downing at request of '' o' bro: Marshall of Lynn."
Liventory of estate of Eobert Lewis,^ deceased, brought in, and referred to the Governor to take oath. John Crozen swore that the deceased made Goody Jackson, wife of John, his executrix to pay his debts and give the remainder to his wife and child.
Willf of Mrs. Joanna Cummins of Salem, proved, and inventory of her estate allowed.
^He died May 4, 1643. Inventory taken by Gk)odman Edwards and Goodman Prince, 6 : 5 mo : 1644 : Mr. Fowles bill, 71i ; bill of John Bond, 3U. 208. ; Richard Hollingsworths bill. Hi. 7s. ; his best clothes, 166. ; 2 yards 1/2 ell of kersie, 9s. ; ould hat, Ts. ; ould stuffe dublett, Ss. ; a cotten wasecoate, 3s. ; cotten paire of breech- es and wasecoate, and a paire of Gotten stockeings, 3s.; paire stockings, 2&. ; 2 shertts, 7s. ; cotten sheete, 5s. ; 10 yards of lock- rum, lis. 8d. ; 4 bands, 2s. 6d. ; a chist, 5s. ; a bible, 8s. ; hatte, 7s. ; paire shewes, 4s. ; one pillow, 2s. ; total, 261i. 128. 8d.
tWill dated May 11, 1644. She bequeathed to her '< sonn John my house & ground & my gote : & my sow & he shall give vnto gooman Cornish a hog pig of tow months ould : m' :es noris shall have my mufe. I dow give my Cow to m[y] gran Child mary Bourne : [I dow give |all| my best Apparil & Beding & bed to my Gran Child Johanah to by a heafer of tow yere oiUd to bee put forth for hir good & that wich ken a parte of that to my sonn John to Buery mee with all}]
I will have my debtes to bee payed out of the pipe staves & that wich Remaynes to bee giuen the one halfe to my granchild mary borne & the other halfe to Johanah borne my gran Child.
I will haue all my best Apparel bed & bedding & all my hous- ould goods sould : & out of that a heafer of tow yere ould to bee bought for Johanah Bourne & lerefr to burie mee| I give to m' Noris Twenty shilings & to the Church twenty shilings : desiring y™ to Exsept so smal a gift I giue to goody Cotta my Blew petti- cote & a wast Cote. My trunck & Cloth vpon it Goodye wathin
tThe words enclosed in brackets are crossed out in the original.
66 SALEM QUABTBBLY GOUBT [J^J
Jno. Cook asked to have fine partly remitted toward buying his arms, and will leave them to the town if he moves away. Granted.
shall haue it for tenn shilings & the feet to bare it vp with & Goody |wathiQ| shall bee payed what I owe hir & the Rest to the deacons for them to giue wher Is appoynted Goody Feld shall haue my lorn pot at 4^ a pound to bee payed that I owe hir & that w®^ Bemaines to the dacuus I giue to goody Beacham a petticot with 3 laces about & a green savegard^ & an ould wast Cote & an ould linin Change I giue to Ann shiply Tow linin Changes. I give goodman boyce an ould blanckit wc [is] vp in the Chamber & a pilow wich he hath a Bedie what so euer is vnder my bed I giue to goody Corning & goody wathin to bee Equally deuided I giue John brownes wife a whit Cutworke Coyfe : I giue goody wathin a blacke Coyfe w^'^ a lace : a grograne Coyfe : I giue my whit lias wast Cot & ould hat to Deborah wathin I giue goody Feld one of my lase han carchefes w^®^ is at good homes
I desire That I the) Tow deacons m' Got: & goodman home: that they shall haue the ordring & desposing of these things in my will to Improve for the Children s good : y^ it may not bee bungled away. Jone Comins."t Wit : Mary Beacham, Elizabeth Coming, Elnor. Wathin, all signed with a mark.
On the same paper upon which the will is written the testatrix gives a list of her debts, viz : << I owe to John Mattstone 25s., upon his covenant concerning my house; M'Ib. G^XNse for a pound of sugar ; Goody Feld, 3s. 6d. ; Mr. Cocall, Is. 6d. ; Good Masse, 6d. ; ould Knight, 3s. 6d. ; yong Goody Lech^ 8d. ; something to Good- man Salace, let him tell it, and the deacon will pay it; Goodman Salace, 5s.; and Goody Sharman in the Bay, 6d." Inventory taken 17 : 3 : 1644, by Gervase Garford, Jefferie Massey and Georg Em- ery : House and quarter acre of ground, with the corn upon it, 31i.; ewe goat, 7s.; spotted sowe, 18s. ; milch cowe, 51i. 10s. ; fether- bed and flocket boulster, lli. 15s. ; 1 green rugge, lOs. ; 1 litle f ether pillow, Is. 6d. ; 3 blankits whitt, 14s.; one littell Damix cur- tayn, 3s. ; 2200 pipe stavs of whitt oake, 81i. 16s.; one sad collored Carsy gowen and hud sutable. Hi.; 1 stamill§ Garsy peetty coot mitered about the scirts with vellvit, 1 li. 6s. 8 d. ; 1 green Carsy petticot, 3 laces, 10s. ; 1 blew petticote, 7s.; 1 stufe petticoot, 7s.; 1 blacke wastcoot. Is.; 1 red cotton shage wastcot, 3s.; 1 whit shagg wastcooty 5s. ; 1 blacke cloake. Is. ; 1 blacke grogerane Goune, lli. 6s. ; 1 wastcoot and petticoote, 12s.; 1 tauny seay appron, 2s. ; 1 green say appron. Is. ; 5 Corse sheets, lli. ; 1 blacke hatt, 4s. ; 2 callico approns lased about, 5s.; 9 Crostcloths,| last and playn, 48. 6d. ; 2 Coyf es, one Cutworke, one blacke worke, 2s. 6d.; 4 hancher- if s, more playn. Is. ; 2 payer stockins, 2s.; 1 brass morter & pestell,
*>Safegnard, a heavy petticoat worn to guard women's other gmrments from mod while riding, t Autograph. I Looks of coarse wool or pieces of cloth cut up fine. §Red. I) Part of headdress worn witii the coil
1644] BBCOBDS ASD FILES 67
Will of John Mattox* proved by Thomas Pickton and inventory brought in.
Willf of Tho. Payne proved. — Waste Book."]
3s. 4d. ; shif s ould, 7s. ; 1 lining pillabear, 2s. ; looking glass, 3s.; blew apron, 6d. ; payer of shoos, Is. 6d. ; trunke with a foot, 14s. 6d.; littell Box with locke & key. Is. 6 d. ; carpitt and tabell, 7s. 8d. ; one mufe, 2s. ; Chamber pott, 6d. ; 2 syves, 2s. ; tubs and pay Us, 8s. ; littel barrill. Is. ; pare bellows, Is. ; Iron pott and hanger, 8s. ; bras kettell and scellit, 6s. ; whell, 4s. ; Candell sticke, 4d. ; total, 331i.
•He died April 22, 1643. Inventory taken 6 : 5 mo : 1644 by Goodman Edwards and Goodman Prince : bill of Mr. Fowles, 51i. : John Bads bill, 21i. 7s. ; bill of John Bonds, 21L 16s. 9d. ; best shute, lli. lOs. ; ould shute of truckinge Clothe, 48. ; cotten shate, 6s. 6d. ; onld Cloth shute, 10s. ; ould graye shorte Coate, 2s. ; paire of knitt stockings, 2s. ; 4 bands, 58. ; paire of Cloth stockings, 2s. ; paire of Eussitt bootes, lis. ; paire of Can vis sheetes, 20%, ; 2 shertes, 7s. ; Chistle, 4s. ; ould blanckitt, 2a. ; paire of shewes, 4s. ; ould hatt, 4s. ; 4 Raile hoockes, 4s. ; an old pillow, 2s. 6d.; paire of shewes, 4s. Total, 141L 13s. 9d.
tWill of Thomas Payne of Salem, dated 10 : 2 : 1638, proved — : 5 mo: 1644. He bequeathed, ''First unto my wife, my house I now live in, gardens & houoefittdng with my two acre lotte with the pfitts accrewing therefrom during her life ; commending unto my Son Thomas the care of his mother, & the diligent improvem^ of the sayd ground, to his mothers use ; during her life, in consid- eration whereof, he to have his dwelling with his mother, & |the| forth pte of the pfitts of the lott, & the third pte of the pfitts of the garden so improued by him during the sayd terme of time. It, I give unto my wife the bedstead Beding & there appurtenances as they now stand in the hall. Item I bequeath my pte of the Ship Mary -Anne of Salem, to be sold, & my debts to be payd, And the residue of the monies with the rest of my goods to be devided as foUoweth. Item I giue Thomas my Son my Loomes & Sluies with there appurtenances concerning his trade of a weaver. Item I give the s^ Thomas one Coffer wch was his grandfathers. Item I give unto my three Sons my ten Acre lott & my one Acre of meddow to be equally shared amongst them. Item concerning the residue of the monies arising from my pte in the Ship, & the rest of my goods I bequeath them to be valued reasonably, & equaley devided to my wife & my Children, my wife to haue the choise of the first pte excepted : & my Children to share in the rest as their ptes fall, pvided alwaies & reserved out of the sayd goods one fetherbed lying on the trundle bed with coverlett & blankett, one bolster & pillow, w^^ I give & bequeath unto mary my daughter. Item I giue my house wherein my wife should live, with the goods remaining of her8,*to be sold after her decease, &
68 SALEM QITABTEBLY COURT [Jolj
Court held at Salem, 11 : 5 : 1644.
[Mr. Wm. Bacon of Salem and Eichard Badger of Wenham took the oath of freemen.
James Thomas, servant to Daniell Bay, to be severely whipped for stubbornness and disobedience to his master.
John Stone and James Smith presented.
Bobert Goodell complained of Buben Gappy for rent and burn- ing fence. To pay 30s.
Obadiah Govis to be severely whipped for several misdemeanors. Wit : Jno. Verrin and Giles Core, Antram's boy.
William Walcott's fine remitted at request of his father InkerselL
Wm. Dudbridg served summons in case of James Smith v. Mr. Wm. Ades. Addes to appear at Boston court.
Widow Bachell Turner brought in inventory of estate of her husband, Charles Turner. Estate to be paid to creditors by Baph Fogg, for the court.
John Whitlocke has fine partly abated, at request of Mr. Norrioe in writing.
The wife of Thomas Trusler fined 20 marks for saying that their teacher Mr. Norris taught the people lies, and that Mr. Norrioe and Mr. Endecott were the foundation of their church and they were unfaithful. Wit : Lawrence Soothweek and his wife who testified that Goodwife Trusler said that there was no love in the church and that they were biters and devourers, and that Mr. Norrice said the men would change their judgment for a dish of meat, and that Mrs. South wick said she did question the government ever since she came. In defence, she said that before she came to New England, she knew that men were not the foundation of the church. Mr. Endecott forgave her.
Tender of account from Baph Fogg to the court : Mr. Emanuell Downing and Mr. Wm. Hauthorne should audit it. — Waste Book.^
the monies to be equally divided amongst my children. My mill left in the hands of Henery Blomfeild my kinsman, I bequeath to be sold, & the monies thereof returned into my executors hand, & so to be equally divided to my wife & children. Item I Constitute & appoynt Thomas my Son executo' to this my will & m^ John fiske of Salem Suprevisor, Thomas Payne.'** Wit : John Fiske,t John Thurston, t Mary (her mark) Beechum.
* Autograph and seaL t Autograph.
1644] RECORDS AND FILES 69
Court held at Salem, 27 : 6 : 1644, by adjournment.
[William Burriot fined for suffering his cattle, oxen, cows and hogs to do damage to his neighbors in the North field. Deputy, Tho. Pickton. Wit : Sam. Eabome and Jeffry Massy.
Robert Qoodell fined for suffering his goat to go in his neigh- bor's cornfield.
Alee Georg of Gloucester to be whipped or fined for railing against Mr. Blynman, '< calling him wicked wretch," etc.* Wit: Tho. Joans and Wm. Meads.
" The ould house |In Salem | which once was m'^ Skeltons being in Eminent Danger of present falling to the endangering of the lives of Children & Gattell and others," it was ordered that the house be taken down in ten days. Transcript given to Mr. Browne, and another to be set on the meeting house. Wit : Peter Palfrey and Elias Mason.
Wm. Hewes and son John fined 50s. each and to confess ''for deriding such as Sing in the Congregacon tearming them fooles," and William for saying that Mr. Whiting preached confusedly, and John for charging Mr. Cobbitt with falsehood in his doctrine. Wit : Timothy Coop and his wife and Wm. Longley. William Hewes testified that they falsified his words ; " as for this woman she is scandalous throughout the plantation."
Hugh Laskin and his wife fined 40s. for hard usage of his late servant in victuals and clothes. Wit : Jacob Barney, John Balch, Wm. Kinge, Wm. Dodg and Edmund Grover. Jacob Barney testi- fied that he heard the greater part of his diet was coarse bread and whey ; but Groodman Laskin denied it. John Balch acknowledged the sin of not having dealt brotherly with him. Edmund Grover said he had come to their house and said that he had eaten nothing that day. Wm. King said that from the report of his wife concerning coarse bread he inquired of '' brother Balch" who said he had dealt with him about clothing and purposed to deal further. The bed and clothing were not as should be and King showed the piece of coarse bread and goodman Laskin did chide his wife for it. One time the boy did not eat until 11 o'clock. Goodman Balch said the boy was growing thin.
Richard Leech received a pig of John Burrage, servant to Jno. Porter and himself, and his uncle Jno. Leech concealed it, not having it cried, until three months later. Wit: Jacob Barney. Bichard and Jno. Leech fined 20s. each.
70 SALEM QUABTBBLY COURT i^^g'
Michaell Lambert of Lynn, drank. Wit : Wm. Bicknoll and Jabez Hackett. Also for giving two contrary testimonies. Wit : Timothy Tomlins. At request of Mr. Nash, confessed that he drank three or four cups of sack.
Mr. Adam Ottley for forging Capt. Hawking's name. Wit: Mr. Downing and Mr. Hathome. Bespitted until next Greneral Court To pay Jos. Armetag 8s. per test.
Jno. ^ride of Salem fined for contemning a warrant Wit : Mr. Holgrave and Jno. Hardy.
Daniell Kay, for trespass of his horses, cows and hogs in North field to his neighbor's damage. Wit: Jeferey Masy. Mr. Ha- thome and Mr. Downing to fix damages.
Qoodman Joseph Bedknape for not suffering a child of his to be baptized. His wife to see it done next Lord's day. If her hus- band object the constable of Lynn to take him to Boston to the prison. Wit : Qoodman Evans. The Oovemor asked, ^ What is the reason you will not have the child baptized?" Mr Eedknap said " he wold not troble ye Court & he is not satisfyed in the thing, he himself not being in fellowship. I would not justify my- self nor yet condemne myself, he would have noe hand in it." The (Governor said, <' Tou shall have noe hand in it & the Child shall be baptized & then their [will be] noe sin of yours." Bedknap said, *' I would se y® mind of God in it," and the Grovemor asked, <^ Upon what ground?" Bedknap answered, ^< because it doth not under- stand y® Covenant of y* Lord : J : & is willing to submit unto y* ordenanc of y® Lo : J : Christ & of the Court too. I understand y^ Covenant of Grace is farr otherwise y" y* Jewes had." Mr. Hath[om] quoted 2 Acts, 38 v. ** God is many tymes in his dis- pentatio : beyond ou'^ faith."
John Stone of Gloster fined 50s. for scandalizing Mr. Blinman, charging him with false interpretation of the scriptures, etc., and for saying that « if an angell from Heaven should preach the same he would not beleeve it," and there were others of his mind. Also, for telling James Smith things that tended to the reproach of the doctrine delivered by Mr. Blynman. Wit : James Smith, Goodman Stone himself and Wm. Gotten and his wife. Wm. Gotten testified that " Goodman Stone came & sate him downe in my house & sd, a poore man had starved had it not been for him, & y^ it would be Long er m'^ Blinman of this, & sd y^ Blinman had f alcelie interprited scripture, . . . nameing 2 placs of scrip : in Nehemiah & Ezra."
1644] BECORDS AND FILES 71
Alee Williams fined 51i. and whipped for fornication with Wm. Flynt. Mr. Downing, security.
James Greorg, servant to Wm. Gantleburie, to be whipped for often running away from his master, and ** the boy " to make up his time at end of service.
John Groxton fined 40s. for refusing to obey the corporal of the watch. Bier. More.
Jury of inquest on the servant of Raph Elwood, who was found dead: Mr. Tho. Gardener, Wul Lord, Bier. Bishop, Thomas Spooner, Mr. Alen Keniston, Thomas Goldthwait, Wm. Waller, James Hynde, Daniell Baxter, John Balie, Tho. Olever and Phillip Crumwell.
Present: Jno. Endecott, Gov., Mr. Wm. Hathome and Mr. Ema. Downing.
Inventory* of estate of widow Wathen brought into court The two deacons of Salem, Mr. Charles Gott and John Home, appoint- ed executors. Nathaniel Porter took oath in court.
^Inventory of widow Margery Wathin, taken 20 : 6 : 1644, by Peeter Palfray,t William Alfordf and Nathaniel Porter:t One greene rugge, 15s. ; white blanket, 5s. 6d. ; one white blanket, 2s. 6d. ; 1 white course ould rugge. Is. ; 1 mixt color Coverlett, 7s. ; 1 pare of giene say curtaines & vallenees, 12s. ; 1 stripte carpet & cubberd do^, 12s. ; 1 red bearing blanket with 2 gr : Laces, 10s. ; 1 flock- bed 2 flock boulsters & one feather pillow & one boulster tike, IIL 6s. 6d. ; one ould stoekbed & Cradlebed, 58. ; 1 purple goune of cloth lined with gr : say. Hi. 4s. ; one purple wastcloth laced, 7s. ; 1 red petecote & wastcloath, 18s. ; 1 tawny eloake cloth, 5s. 6d. ; one ould mixt color cloth gowne, 5s. ; one russet gowne of cloth ript open, 16s. ; one pr. petuana hoods, 3s. ; one ould purple petecoate & wastcloth doth, 6s. ; 1 pr. of white blankets, 1 being litle, Ss. ; 1 tawny dublet & portingal cap, 5s. ; 1 ruset pr. aprons, 4s. 6d. ; 2 pr. aproDS 1 say & 1 linsy wolsey, 5s. 2d. ; 1 holland white wast- cloth, 6s. ; 1 holland aprone, 6s. 8d. ; apron of fleecy holland, Sb. ; 4 necke handkerchiefes laced, 5s. 4d. ; 1 neck handcherchief, 8d. ; 3 plaine neck handkerchef es, 38. ; 3 pocket handkerchiefs, Is. ; 3 pocket handkerchiefes & 1 long neckcloth, 6d. ; 3 laced neckdothes at 18d. pr. & 2 at 6d. pr., 5s. 6d. ; 2 plaine croeclothes at 3d pr., 6d. ; 1 white wrought coif e, Is. 6d. ; 4 white stuff coyfes, 6d pr., 28. ; 3 ould coyfes, 2d pr., 6d. ; 2 holland coyfes and an ould one, 28. 6d. ; 3 white stuff stomachers, 6d.; 3 white wrought stomachers, 2s. 2d. ; 1 pr. white knit thrid gloves. Is. 4d. ; 1 pr. handcuffs & 1 yd. seaming lace, 5d.; white & colored thrid, 3d. ; 1 silke girdle, Is. 8d. ; 1 yd. of stript callico, Is. ; 1 bundle of smal linen in a corse
tAatognph.
72 SALEM QUARTERLY COURT [-^^g*
Ezekiell Wathen, a boy of about eight years and a half, com- mitted to Tho. Abr^ as an apprentice until he is twenty years old, if his master live so long. — Waste Bpok.^
Court held at Salem, 28 : 6 : 1644.
[John Pride, petitioner, was ordered, with consent of Mr. Adam Ottley, about delivery of 50 doz. of earthen ware to Mr. Buck, and that a bond from him to Mr. Humphreys be delivered to Ba. Fogg to be cancelled.
John Price, bound to constable Trusler for appearance, being drunk. Attachment of person granted. — Waste Book."]
Court held at Salem, 31 : 10 : 1644.*
[Daniell Kay, John Symons and Thomas Trusler presented for suffering cattle to go at large before fruits were in. Continued.
cloth, 6s. ; 1 holland sheet with a seaming lace. ; 1 pr. ould
flaxen sheets, ; 10 sheetes, 1 course one, 21i. ; 2 flaxen table-
cloathes, 3s. 6d. ; 1 wrought towell, ould fushion, 2s. 4d.; 2boulster cases, 5s. ; 1 pr. pillowbeares, 8s. ; 1 pr. Scotch cloth pillowbeares, 4s. ; 1 pillowbeare with tossells, 2s. 6d. ; 1 pr. flaxen pillowbeares, 4s. 6d. ; 1 fringed & 1 diap. napkin, Is. 4d. ; 4 short napkins, 3s. ; 6 flaxen napkins, 6s. ; 4 napkins, 2 towells, 3s. 4d. ; 5 childs beds, 9d. ; 5 woomen's shiftes, 16s. 6d. ; 1 pr. cotton gloves & 1 straddle band, Is. 6d. ; 1 rema^ painted 1 imbroyderd girdle. Is. 8d. ; 1 pr ould shooes, 2s. 6d. ; 1 white apron, 3d. ; 1 blew apron, 1 necke handkerchief, 16d. delivred to Deborah for Mrs. Traske to pay for, 8s. 2d. ; 1 bed cord, Is. 8d. ; 1 pr. ould wosted stockings, lOd. ; 1 flannel neckcloth, 9d. ; 6 bags, 4s. 7d. ; 2 hatts, 4s. ; bible & one testament, 9s. ; 24 ould books, 8s. ; 4 chests, a settle & a box, Hi. ; 1 pr. whalbone bodyes, 1 cotton wastcoate & 2 cloake buttons, 7s. ; 34li. pewter at 9d., Hi. 6s. 6d, ; 121i. kettle brass at 12d., 12s. ; 2 skimmers, Is. ; ould iron & tooles. Hi. ; 2 brass candlesticks, 2s. 4d. ; 1 box, smothing iron, Is. 4d. ; 1 whipsaw, 1 ould gun, 1 spit, nailes, etc., 12s. ; 2 brass potts, Hi. 15s. ; 1 case with 5 bottells, 2s.; 1 glew pott, Is. & 1 looking glass. Is., 2s. ; 2 earthern potts & yame, 2s. ; chaires, woodden dishes, 10s.; wood & timber, 6s. 8d. ; come, 6s. 6d. ; 5 barrells, 4s. ; 1 house, 71i. 10s. ; halfe a heifer at Goodman Southwickes, 15s. ; one heifer at Mr. Batters farme, 31i. 5s. ; total, 391i. 13^. 5d. Order of court, 3 : 11 : 1649, for disposal of goods for settlement of estate signed by Jo. Endecott,t Grovr.
Deposition of Godfrey , taken 26: 10: 16—. He heard a
tumult near his lot and went out to learn what it was. When he came to the place in the woods he saw the Indian who was called
*The first six pages of the record of this coart are missing. ^Autograph.
1644] BBCORDS AND FILES 73
Sasan West, presented for immodesty, warned, but not admon- ished.
" Rec. in 2 ™^ : 1646 A verdict of the Jury upon the Death of Henry Hall servant to Daniell Bumble."
Christopher Lawson's petition, 31 : 10 : 1644, concerning Thomas Wight of Exeter that testators might appear vive voce.
JAi. Tayler v. Mr. King. Robt. Bridges deposed " that after M*^ Kinges Bull had his horns catt, myself being on horsback w*h my wyfe behind mee, y* s* bull stood in y* highway as I was riding a Longe when I came up to the Bull not knowing whos beast it was, neither thinking of any opposition, I struck at the bull w*h my stick to put him out of the way, ymediatly y* bull made att my Mare & placed his horns upon her should*^, & had well nigh ov'come both the mare & her riders, & although I indeauored to shunn y^ bull yet he still p'st upon mee, y^ I cannot but con- ceaue, had not the heardsman bin att hand to beat him off y^ some hurt had bin done either to o'selves or my mare, or both, but gods good hand bette' provided." At Boston court, 7:3: 1646, agreed that the bull did kill the mare, that she was great with foal, and that the owner of the bull ought to have taken order to prevent any future mischief. Signed by Increase Nowell.f Judgment at Salem, Mr. King to pay half the value of the mare to Mr. Tayler, the mare being appraised at 141i.*
Sampson lying drunk upon the ground, against which he was beating his head. Darbey Field was there. The witness heard
Nathanell Boulter say that he had the sack of . Sworn to
before Tho .
Bill of Nathanell Boultar, 2 : 11 m : 1644.
*Anne (also Ane) Knightf deposed that she dwelt then with Mr. Taylor and saw the mare alive the evening before eating chaff, as they had been winnowing corn, and next morning at break of day saw the bull near their house, but thought of no harm. Then going into the house with a few sticks for the fire, and returning saw the mare lying on her side, etc. She had helped to dress the same mare of a former wound that was very deep. William Worcester* deposed that Mr. Taylor came to his house the last 6th day to '' fetch Ann Knight now dwelling with me to bee a witness for him but my wife being very ill and myself being called as a witness," they were not willing to spare her, etc. Salisbury, 6 : 5 mo : 1644. Sworn before Raph Fogg,t 31 : 10 mo : 1644.
tAutograph.
74 SALEM QUABTERLY COURT [DeC.
Jury of trials: Mr. Boger Conant, Peter Palfrey, Henry Bartholomew, Obadiah Holme, John Kitchin, Richard Prince, Thorn. Edward, Robert Moolton, sr., and Francs Lawso ; and of Lynn, Joseph Flood, Francs Lightfoott, Edward Burcham and Thomas Goldam.
Orand jury : Jefferey Massy, Mr. Gervas Grarford, Jacob Barney, Willia Lord, Thomas Lothrop, John Balch, John Qedney, Allen Keniston ; of Lynn, Nicholas Browne (not at court 6 mo : 1645), Thomas Layton (also Laighton), John Qilloway, Thomas Hudson, Nathaneell Handford, William Langley ; of Oloucester, Hugh Calkin (dispensed) ; of Wenham, Esdras Read. Mr. Moses Maverik was added 8 : 5 mo : 1645.
John Dolitle, Natha. Hanforth, Thomas Hudson and Timothy
John Bartoll* certified that Mary, daughter of himself and wife Pamell, was born Feb. 1, 1642.
John (his mark) Bennett certified, 11: 12: 1644, that Marie, daughter of Jno. and Margrett Bennett, was bom Sept. 2, 1638.
John and Elizabeth Blackleach* certified that their children were as follows : Desire, born 13 : 2 : 1636, aged eight years ; Exercise, bom 11 mo : 1637, aged seven years ; Joseph, bora 8 : 11 mo : 1639, aged five years : Elizabeth, bom 10 mo : 1641, died in 1642 ; Benony, born ye prim : of ye 3 mo : 1643 ; and Elizabeth, born 12 : 6 : 1644.
Henry Bullock* certified that his wife Susan died about Nov. 2, 1644 (third day of the week). << I do promise to pay y* 3d per me, Tho. Rucke."
Tristram Dallebar* certified that his wife Mary, died July 3, 1644.
John Norman* certified, 29 : 11 : 1644, that the children of him- self and wife Arabella were bom as follows : John, bom Aug. — , 1637 ; Lidia, born middle of Jan., 1639 ; Hanna, born Jan. 4, 1641 ; Arabella, born middle of February, 1643.
Richard (his mark) Hutchenson (also Hutcherson) certified, 27 : 9 : 1644, that John, the son of himself and wife Als, was bom in May, 1643.
John Marston* certified, 27 : 9 : 1644, that the children of him- self and his wife Aloes were bom as follows : John, bom 29 : 6 : 1641 ; and Ephraim, bom 90 : 8 : 1643.
Jno. (his mark) Likersell certified, 16 : 1 : 1644, that John, son of himself and his wife Judith, was bom middle of 7 mo : 1644.
Robert Heberd* certified, 13 : 11 : 1644, that the children of himself and his wife Joan were born in Salem as follows : Marie, bom 27 : 9 : 1641 ; John, bom 24 : 11 : 1642 ; and Sarah, born 26 : 7 : 1644; died 8 : 10 mo : 1644.
*Aotograph.
1644] BBCOBD8 AND FILES 75
Coop, all of Lynn, and John Hathome of Salem, made freemen. — Waste Book.']
Court held at Salem, 1 : 11: 1644.
[Samnell Aroherd, William Browne and Walter Price presented for selling wine contrary to order. Continued.
John Bartoll presented for breaking Sabbath. Quit, it appearing necessary for the safety of the ship.
Wm. Burriott and John Gedney presented for trespass in North field. Continued.
Georg Burrell fined for trespass.
Soger Deuhurst fined for excess in drinking. He was also pre- sented for being disguised in drink.
Roger Hoskall presented for trespass in the general field. Con- tinued.
An Haggott presented about a Coekinoven.* Quit.
Wm. Ivorie and Daniel Eling presented for putting cattle in the general field before harvest.
Bobert Knights presented for excessive drinking of sack.
Allen Keniston and John Neale presented for trespass, suffering cattle to go in the general field. Continued.
C^. Kesar admonished for insufficient tanning.
Willia Prichard, Thomas Tuk and Edward Wilson admonished for excessive drinking. — Waste ^ooA^]
CouBT HELD AT Salbm, 3 : 11 : 1644.
[Zaccheus Curtis fined 208. for rash and unadvised << cuming in and to have swome f alcelie." — Waste Book,"]
Court held at Salem, 10 : 11 : 1644.
[Jacob Chapman of Boston to pay fees for being overseen in drink.
Inventory of John Talbey, taken by Peter Palfrey and William Lord, 11 mo : 1644 : 20 bushels Indian Come, 2li. Ids. 4d. ; 3 pekes oates, 7s. ; apparrel and beding, 10s. ; a Cannoe, Hi.; a Ten acre lott, 311. ; brasse kettels, 14s. ; one Barrel & one Tub, 5s. ; one old axe, etc., 3s. 6d. ; one axe more, 4s. ; spookshave, Is. ; one wheele to spin with, 4s. ; rakes and rake hedds, 7s. 8d. ; 2 Chares, Is. He had claims against William Bayly, Eichard Singeltarie of Salisberie, Bichard Edwards and Mr. man. Anne, Stephen and their elder broth- er John Talby to have certain parts of the estate.
*C!ok6 or charcoal oven? Possibly cooking oven.
76 SALEM QUABTEBLr COURT [Jan.
Will* of Richard Inkersell proved and inventory brought in.
The fine of William Keene was abated.
3 : 11 mo : 1644, court ordered (signed by Jo. Endecott^f govr.) estate of Widow Margery Wathen to be disposed of according to her will by the two deacons of Salem, Mr. Charles Grott and John Home. p. curia, Kaph Fogg.f
♦Will of Richard