Essex County (Mass.). Quarterly Courts.

Records and files of the Quarterly Courts of Essex County, Massachusetts (Volume 7) online

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Lynn, Massachusetts


Court held at Salem, June 25, 1678.

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

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

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

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

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

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

* Autograph.



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

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

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

Hugh Jones' bill of cost, 12s.

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

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

Humfry WiUiams, for excess in drink, was fined.

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

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

t Autograph.


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

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

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

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

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

Reasons of appeal of Hugh (his mark) Jones.

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

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

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

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

t Autograph.


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

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

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

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

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

Richard Rowland's bill of cost, 9s.

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

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

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

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

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

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

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

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

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

* Autograph.


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

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

Richard Norman, aged about fifty years, deposed.

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

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

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

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

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

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

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

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

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

t Autograph. | Seal. § Autograph and seal.


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

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

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

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

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

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

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

t Autograph and seal. t Seal. § Autograph.


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

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

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

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

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

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

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

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

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

t Autograph.


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

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

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

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

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

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

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

* Autograph.


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

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

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


Mr. Zarubabell Endecott, heir and administrator of the
estate of John Endecot, Esq. v. Frances Nursse. Defendant
owned that he cut wood upon his land he bought of Mr. Allen,

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