RECORDS AND FILES

OF THE

QUARTERLY COURTS

OF

ESSEX COUNTY

MASSACHUSETTS

VOLUME VI 167M678

SALEM, MASS. PUBLISHED BY THE ESSEX INSTITUTE

1917

^

THOS. P. NICHOLS & SON CO.

printers

Lynn, Massachusetts

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

Court held at Ipswich, Mar. 30, 1675.

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

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

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

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

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

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

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2 IPSWICH QUARTERLY COURT [Mar.

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

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

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

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1675] RECORDS AND FILES 3

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

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

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

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

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4 IPSWICH QUARTERLY COURT [Mar.

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

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

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

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

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

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

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

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1675] RECORDS AND FILES 5

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

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

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

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

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

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

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

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

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

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

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

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

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6 IPSWICH QUARTERLY COURT [Mar.

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

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

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

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

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

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

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

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

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

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

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1675] RECORDS AND FILES 7

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

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

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

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

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

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

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

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

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

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

Moses Tiler and Zacheus Courtis testified. Sworn in court.

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

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

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8 IPSWICH QUARTERLY COURT [Mar.

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

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

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

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

Nathaniell Putnam's bill of cost, 31i.

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

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

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

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

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1675] RECORDS AND FILES 9

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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1675] RECORDS AND FILES 11

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

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

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

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

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

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

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

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

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

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

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12 IPSWICH QUARTERLY COURT (Mar.

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

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

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

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

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

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

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

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

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

John Gould testified concerning the accounts. Sworn in court.

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

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

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

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

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

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

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

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1675] RECORDS AND FILES 13

Steephen Hascott v. Giles Allee. Debt. Withdrawn,

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

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

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

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

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

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

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

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

John Acie's bill of cost.

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

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

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

t Autograph,

14 IPSWICH QUARTERLY COURT [Mar.

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

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

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

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

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

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

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

1675] RECORDS AND FILES 15

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

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

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

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

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

Thomas Kimball deposed. Sworn in court.

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

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

Samuell Brocklebanke and Ezekiell Northend testified. Sworn in court.

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

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

John Johnson, aged about sixteen years, deposed that he

*Autograph.

16 IPSWICH QUARTERLY COURT [Mar.

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

Mr. John Giffard v. Edward Richards. Nonsuited.

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

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

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

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

Abraham Jewet deposed.

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

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

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

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

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

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

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

§Autograi)h.

1675] RECORDS AND TILES 17

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

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

Edward Phelphs acknowledged judgment to Philip Crom- well.

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

Daniell Clarke had his license renewed for a year.

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

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

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

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

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

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

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

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

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

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

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

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

tAutograph.

18 IPSWICH QUARTERLY COURT [Mar.

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

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

Samuell Bishop had his license renewed for a year.

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

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

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

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

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

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

Edward Humphreys,