At a County Court held at Boston July. 27o 1675 @
Present
- John Leverett Esqr Govr
- Edw: Tyng
- Simon Bradstreet Esqr
- Wm Stoughton Esqr
- Tho: Clarke Esqr
Grandjury Sworn
- Deacon Samo Bass
- Robt Williams
- Tho: Lincoln
- Jno Sweete
- Tho: Tileston
- Jsa Lobdell
- Jno Search
- Timo Mather
- Natha Whiting
- Jno Miriam
- Henry Crane
- Jno Aldis
- Jno Blake
- Jonas Humphery
- Rico Meads
- Edmo Pitts
Jury of Tryalls Sworn
- mr Jarvis Ballard
- Samo Scarborough
- Edmo Hobart
- Tho: Sanford
- Tho: Holman
- Simon Burr
- Rico Crispe
- Steven Paine
- Samson Shore
- Samo Ruggles
- Joseph Nash
- Elice Wood
Natha Greenwood added in roome of Rico Crispe after the first forenoon of the Court.
[Deane v. Peacock]
Thomas Deane plaint. agt Samuel Peacock Defendt in an action of debt of twenty Seven pounds nine Shillings & six pence in mony due by bill or Specialty under his hand bearing date the. 10th of March. 1674/5 with due interest & other due damages according to attachment Dat. July. 20th 1675. . . . The Jury . . . founde for the plaint. twenty Seven pounds Seventeen Shillings & ten pence in mony & costs of Court, twenty Five Shillings & two pence.
Execucion issued Augo 4th 1675.
[Ruck et al v. Wharton]
John Ruck Richd Lord & John Blackleich or either of them plaint. agt Richd Wharton Defendt The plaint. withdrew his action.
[Nonan v. Lilly]
Daniel Nonan plaint. agt Edward Lilly Defendant in an action of the case for not giving the saide Nonan two Suites of apparel fit & convenient for such an apprentice & the Summe of ten pounds by the value thereof at the end of the sd term in such specie of payments are made according to the custom of New-England as will more fully appeare by Jndenture under the hand of sd Lilley & all other due damages according to attachmt dat. July 9th 1675. . . . The Jury . . . founde for the plaintife a new Suite of apparrell to the value of Four pounds in mony & ten pounds in currant pay according to the custom of the Country & costs of Court £01:03:0. Execucion issued augo 6o 1675.
[Cooly v. Johnson]
Henry Cooly plaint. agt Benjamin Johnson Defendt in an action of debt of Eight pounds or thereabouts due by bill & all due damages according to attachmt Dat. aprill 26th 1675. . . . The Jury . . . founde for the plaint. Seven pounds Seventeen Shillings to bee pd according to bill & costs of Court £:1:13:1 or equivalent to those Species.
Execucion issued augo 3d 1675 [331]
Giffard agt Floyde
John Giffard plaint. agt John Floyde (Attourny to Henry Dispaw the elder & Henry Dispaw the younger) Defendant according to Attachmt Dat. June. 2d 1675. The plaint. in failure of his process having arrested onely the Attourny was NonSuited & costs grantd the Defendt nine Shillings ten pence.
Execucion issued 27o march. 1677.
Winslow agt Bendall
Edward Winslow plaint. agt Free Grace Bendall Defendt in an action of the case for non performance of an Award of Arbitration given in by mr Thomas Brattle & mr James Whetcomb bearing date. 28. day of May 1675. as may more fully appeare by the sd award with interest & other due damages according to attachmt Dat. June. 26: 1675. . . . The Jury brought in a speciall verdict. Jf an Award of Arbitration under the hands & Seales of the Arbitraters within the time set them not positiuely obligeing to a certain Summe bee binding & good in law then wee finde for the plaint. two hundred pounds in mony forfiture of the bond & costs of Court; but if sd award not positiuely obliging to a certain Summe bee not bindeing & good in Law, wee finde for the Defendt costs of Court: The Magistrates on perusall of this verdict finde for the Defendt costs of Court.
Winslow agt Bendall
Edward Winslow master & halfe Owner of the Catch Johns Adventure in behalfe of himselfe & other Owner plaint. against Free Grace Bendall Defendant for the Forfiture of three hundred pounds due by Charterparty bearing date the fifth day of Novembr 1674 with interest & other due damages according to attachment Dat. June. 26. 1675. . . . The Jury . . . founde for the plaint. three hundred pound Lawfull mony of New-England Forfiture for breach of Charterparty & costs of Court. The Magistrate chancered this Forfiture to one hundred Ninety Six pounds Six Shillings eight pence mony & costs of Court twelue Shillings.
Edward Winslow personally appeared January. 29o 1675. & acknowledged that hee was fully Satisfied by Free Grace Bendall for the within written judgemt
as Attests. Jsa Addington Cler.
Bendall agt Winslow
Free Grace Bendall plaint. agt Edward Winslow Defendant in an action of the case for breach of Charterparty in not following the order of sd Bendall in Loading the Catch Jno adventure with Salt at the cape de verd Jslands hee having all due conveniency & incouragement for the same as may fully appeare & all due damages according to attachmt Dat: July. 22o 1675. . . . The Jury . . . founde for the Defendant costs of Court. [332]
Salmon agt Edwards
Robert Salmon plaint. agt David Edwards Mr of the Ship Supply Defendt in an action of the case for non payment of wages due for Seven monthes & twenty two dayes at three pounds Five Shillings in mony per month for his Service done in the sd Ship from Barbados to Jamaica the bay of Campechia & from thence to this place & other due damages according to Attachmt Dat. July. 16th 1675. . . . The Jury . . . founde for the plaint. Fourteen pound ten Shillings & ten pence mony & costs of Court £01:01:04. Robert Salmon personally appeared in the office Augo 3d 1675. & acknowledged that hee had received full Satisfaction of mr David Edwards for the aboue written judgement.
Evans agt Edwards
Patrick Evans plaint. agt David Edwards Defendt in an action of the case for non paiment of wages due for ten monthes & Eighteen dayes at thirty Six Shillings in mony per month for his Service done & performed from Boston & from thence to Barbados, Jamaica & the bay of Campechia & unto this place again in the Ship called the Supply & for other due damages according to attachment dat. July. 16th 1675. . . . The Jury . . . founde for the plaint. Seventeen pound one Shilling & five pence mony & costs of Court £01:06:10. Patrick Evans personally appeared in the office augo 3d 1675: & acknowledged that hee had received full Satisfaction of mr David Edwards for the aboue written judgement.
Doxey agt Dobleday
Thomas Doxey Attourny of William Jefferys of the parish of Bormandsey in the County of Surrey tanner plaint. agt Roger Dobleday late of Wapping in the County of Mddx now of Boston in New-England Currier Defendt in an action of debt of ten pounds Fifteen Shillings & Six pence lawfull mony of England due for hides sold him about five yeares since with interest for the same & other due damages according to attachmt Dat. July. 13o 1675. . . . The Jury brought in theire verdict . . . for the plaint. Fourteen pound three Shillings lawful mony of England & costs of Court.
Osborne agt Measure
John Osborne plaint. agt William Measure Defendt in an action of the case for that hee the sd Measure did sell unto the sd Osborne ⅓7/2 parts of the Catch Hopewell of which Robert Haughton was late Master) for Fifty five tonns & upon the Measure & calculation of the same her burthen appeares to bee but Forty Seven tonns or thereabouts whereby the plaint. is damnified to the value of thirty pounds or thereabouts, with all other due damages according to attachmt dat. July: 22o 1675. [333] . . . The Jury . . . found for the Defendant costs of Court.
Measure against Haughton
William Measure plaint. agt Robert Haughton Defendt in an action of the case for that hee the sd Haughton did sell unto the saide Measure ⅓6/2 parts of the Catch Hopewell (of wch hee the sd Haughton was late Master) for Fifty five tonns & upon the Measure & calculation of the same, her burthen appeares to bee but Forty Seven tonns or thereabouts whereby the sd Measure is damnified to the value of thirty pounds or thereabouts with all other due damages according to attachmt dat. July: 22o 1675. . . . The Jury . . . founde for the Defendt costs of Court.
Haughton agt Measure
Robert Haughton plaint. agt William Measure Defendt according to attachmt dat. 25o June: 1675.
The case having been heard in the Court of Admiralty
The Court declared the accion fell.
[The papers of this case are in S. F. 1425.]
Batt agt Welds
Timothy Batt plaint. agt Thomas Welds Defendt in an action of debt of Eight pounds eight Shillings & ten pence in mony due by booke & all due damages according to attachmt dat. July: 19o 1675. . . . The Jury . . . founde for the plaint: Eight pounds Eight Shillings & four pence in mony & costs of Court. The Defendt appealed from this judgement unto the next Court of Assistants & himselfe principall in Sixteen pounds & Tho. More & Jno Synderland as Sureties in £.8. apeice acknowledged themselves respectiuely bound to . . . prosecute his appeale . . .
[Copies of attachment, of agreement by John Wells, of Newbury, house-carpenter, to frame three shops for Timothy Batt for 12l 10s, of extracts from Batt’s books respecting payments in goods to Wells, and of various depositions, are in S. F. 1402.1, 2, 5–7. The following, in no. 7, is a sample:
The deposition of Edward Mortimore aged. 23. yeares or thereabouts testifieth
That this depont being in Timothy Batts Shop sometime in March last heard the sd Batt Say that Thomas Wells had taken up Eight pounds in goods of him as J understood upon his brother John Wells his account, and the sd Batt asked this deponent whither if Batt Sued Thomas Wells for the goods that hee had taken of Batt, whither John Wells would not Sue him for 6li in mony that hee was to pay for the worke which was done or in doing: to wch this depont replied hee might be sure hee would doe it & farther Saith not.
Sworn in Court. July: 28.75.
as Attests Jsa Addington Cler.
S. F. 1402.3
Thomas Wells his Reasons of Appeale from A Iudgement obtainde against him by Timothy Batt at ye County Court held in Bostown In July last past
1 Because I humbly conceaue I was then uniustly Served, being then and ther Served for A debt of eaight pounds eaight Shillins tenn pence monneys wch I neuer, neither receued of him nor nothinge for which I was Soe obliedged to doe
2 Because tho I doe and must owne that I receued Summ goods of him yet it was not to pay him monneys for. but apon accompt of work wch I did for my brother Iohn Wels who was by Agreement to doe a parcell of work for Sd Batt for wch hee was to Receaue twelfe pounds tenn Shillins half in monneys the other half in goods wch Said work I wrought upon, & my Brother Spake [to] Sd Batt to Deliuer mee what goods I had occassion for & afterward[s] tould my brother hee had Soe Donn as by my brothers testimony appeares
3 That I did receaue what I receaued of Said Batt apon my brothers accompt is euedent by the testimony of Abraham Clements Iames Burns William [o]arum & Edward Mortimoar
4 Becaus his charge is proued by no Body but himSelf and Seuerall of the perticolers in his accompt I neuer Receued; & how far his accompt and charge is proued I Ieaue to this Honrd Court & Iury to Iudge of wch J hope will See Just Cause to Reuerse the former Iudgement and to taike of those damaiges from mee wch the defft for his owne Interest is willing to put mee unto
Thomas Wells
These Reasons were received 2d 7br 1675.
per Jsa Addington Cler.
S. F. 1402.4
Timothy Batt his Anser unto Thomas wells his, Resons of appeall
To his first ye Law titell appeall saith he shall breifly giue in under his hand, his reasons of appeal, with out reflecting one Court or pearty, ye which Law I humbly conseaue, he hath broken by bringing forth his humbell conseption, in theas words, I was Then unjustly served, which I Leaue to ye honired court & Juerys, reprehention, and for his other pearte of ye same, That he neuer Receued the goods is not treue for it is proued upon oath, what he did reseue, & his second reson saith that he doth & must one, that he hath receued sume goods of ye now defendant, & his third reson confermeth his reseption of goods also
To his second he one eth that he had goods, yet was not to paye in mony for them, J anser that homesoeuer J trust, I Expekt mony or satisfaktion to be my payment, & whear other satisfaction is not tendered, mony ought to be paid, becaus the prefes to our Law saith, that in defect or want of a Law the word of god is to be our Law, which saith By Soloman, that mony ansers althings this is to ye Legality of it & to ye Equity of it whie J should be paid in mony, becaus ye pertickelers are charged at mony pric as maye be seen by ye Bill of persells as marchantable Beefe at twenty:nine shillings per Barell, & malt at fouer shilling per Bushell, which was worth then, & is now at this time worth noe Les and the rest of that reson so coled, is fole, for his Brother Jno neuer gaue me any order to deliuer, any goods to Thomas welds, the now plaintif, & for what work he saith, he hath dun apon his Brothers acount, was neuer dun by him, nor by his Bro to this uerey daye, for after ye work had Bin Laid aside by him a full hool year after the time, whear in it was to a bin fineshed by the sd Jno welds, J was forsed their by to hier an other man & giue him eight or ten pounds for ye same, which was greatly to my damag, but if the work had bin dunn by sd Jno I should not haue bin willing, nor could haue bin forsed, to charg this debt to his Brother Johns acount, nether could it posably be, becas that then their was noe acount, betwen his Brother Jno welds, & I the said Batt, for ye couenant that was made betwen [torn] made the [torn]ber
But seuerall pounds worth, of theas goods that J sold & deliuered to Thomas welds, was in the seuenth of June, which was fiue month Before, as doth apeare by compareing the acount & his Brothers agrement to gather, & theirfor can not be understood to be peart of payment, for work to be dune by John a boue ten months after, the goods taken up by tomas Exsept the agrement aboute work had binn maide with thomas hoe is now plaintiue,
But Jf J had charged this debt apon his Brother Jno. acount which J neuer did, J doe nothing doubt but if i had demanded it, of him he would presently denied pament their of, askeing me to produc his order Ether by word or righting for his so doeing, which in dead J neuer had So that then, if J had sueed Jno for it, thomas would then a testyfide that his Brother had them apon his acount, as now Jno hath dune to ye same purpos for him, to ye end I should neuer haue my debt of ether of them
To his third J answer that nether of ye witneses their in named doe testyfy what he saith, that the goods which he reseued was apon his Brother Jnos acount, but it may be thay may testyfie of my sayeing, that when Iohn welds had compleated his work, which he had undertaken to doe for me, that then Jf J fell in his debt, that then J would of set peart of this mony that is due to me from Thomas on Jnos coun or words to ye Like efeckt, but as for ye work it was neuer dun yet by nether of them, as hath bin spoken to before
but housoeuer if J had altered my mind after sutch sayeing, & keept it still apon thomas his accoumpt, & their by J had fallen in Jno debt, all ye damag would haue binn, J must haue paid him for his work but this acount neuer being tranc mited, from the first charged, namely thomas his acoumpt, J desier to be paid but one: & that by him to home J sold & deliuered the goods, which the other Court & Jury saw Just caus to giue me, & J hope this honored Court & Jury can se no Just caus to reuers
To his fouerth he saith that ye charg is proueed by no body but him self which was good testymony By a bill of pertickulors, compared with ye charg in the Book in Court, & sworne to in Court, which hath bin used to be taken for good proof, by that & other courts, & that for reson best known to them selues, as J humbely conseue might pass for good proof against him then being their presant, & asked by ye honyred magistrat mr Brodstreat, which of pertickulors he denied, could not, nor did not, Exsept against anny, but that of fiften penc paid to hingerman helgison4 the baker,
So hopeing that nothing, which J haue said, can make that which J trusted to Thomas welds fiue months, before any agrement mad with his Brother Jno, to be taken for peart of satisfaction mentined in ye said agreament, unles J pleas so to allow of it, which J neuer did,
So Expecting a conformation of ye former Judgment for my Just debt J rest praying, for the foelisity & prosperity of this honered Court And Iury
Timothy Batt
The Court of Assistants (Records, i. 48) confirmed the former judgment and awarded 26s 6d costs to Batt.]
Ofeild agt Percheago
Thomas Ofeild plaint. agt Moses Percheago Defendt in an action of the case for witholding of a debt of twenty three pounds in mony due for freight of goods on the Mary and Martha from Barbados to Boston & due damages according to attachment. Dat. July: 8th 1675. . . . The Jury . . . found for the plaint. Nine pounds mony & costs of Court being thirty Shillings & 8d [334]
Tucker agt Blake
Robert Tucker plaint. agt Edward Blake Defendt in an action of debt due to him upon bill according to attachment dat. May: 22o 1675. . . . The Jury . . . founde for the plaint. the Summe of three pounds that is to Say thirty Shillings in mony & thirty Shillings in good Merchantable cloth & costs of Court being twenty four Shillings & four pence.
Execucion issued augo 13o 1675.
Briggs agt Leverett
Abraham Briggs assignee of John Gifford plaint. agt Hudson Leverett Defendt in an action of debt of Sixteen pounds or thereabouts due by bill under the sd Leveretts hand, dated the. 30th of Decembr 1674. which is for so much hee received of mr Timothy Mather of Dorchester for the accompt of the sd Giffords & promised upon Six dayes after the receipt of the sd Mony to deliver the same to the sd Giffords or his assignes, and hee having received the sd debt of the sd Mather, is now due to the sd Briggs as an assignee to the sd Giffords & refuseth to pay the same with all other due damages according to attachmt Dat. July: 10th 1675. . . . The Jury . . . founde for the plaint. twelue pounds Fifteen Shillings mony and costs of Court. The Defendt appealed from this judgement to the next Court of Assistants & himselfe principall in £:24: Captn James Oliver & Thomas Moore Sureties in £:12: apeice acknowledged themselues respectiuely bound to . . . prosecute his appeale . . .
[The bill in question is found in S. F. 1413.3:
This present writeing bindeth mee Hudson Leverett of Boston to pay or cause to bee paide unto mr John Gifford the Summe of Sixteen pounds currant mony of New-England within Six dayes after the saide Leverett hath received the saide Summe from mr Timothy Mather & it is alwaies to bee understood that if the saide Timothy Mather shall by his neglect of paying the foresd Summe impose the sd Leverett to goe to law for the sd mony abouementioned, the sd Gifford shall allow the foresd Leverett what charge shalbee expended in the same Suite & the sd Leverett is to pay the saide Summe to the saide Gifford or his assignes. as witness or hands this. 30. day of xber. 1674
Hudson Leverett
John Giffard
Witness present
Abraham Briggs
William Grice
Ownd in Court. July. 28o 1675 by mr Leverett. attests. Jsa Addington Cler.
Leverett’s account of 18l 14s 8d (S. F. 1413.4) which offsets this advance, includes legal services, small loans, and “a maide Servant” at 9l 10s. Gifford denied all knowledge of the maid servant, and added to Leverett’s obligations an assignment of 48l “Cash lent him in England” and “a Cuttlash worth 30s” (S. F. 1414.5). Leverett’s Reasons of Appeal, which are not preserved, may be inferred from Briggs’s reply (S. F. 1413.2):
Abraham Briggs his answear to mr Hudson Leverett his Reasons of Appeale from ye Iudgmt of ye County Court held att Boston ye 27th of July 1675. viz:
1th To his first particular; whereas mr Hudson Leverett pleads in his appeale of wrong that the Jury should doe him by ordring the sd mr Leverett to pay ye sd Briggs ye sume of Twelve pounds fifteene shillings in Moneyes & Cost and thereupon ye sd mr Hudson Leverett looks upon himselfe as wronged as haueing pd & tendred ye full summe that he Reed on the sd Giffards acct, (To ye sd Giffards) As he says may appeare by acct, (The prsent defendt Briggs makes answeare, That according to law & Iustice ye defendt Looks upon himselfe wronged by such a verdict, And that ye sd defendt had noe cause of Complaint, The Law giving that ye Bill assigned is fully & Justly due to ye Assignee as is [sic] was to ye Assignor, And That further it was declared in Court by ye sd Giffards in prsents of ye Court that ye sd Giffard was ordred by ye sd mr Hudson Leverett to take up what hee did take, of ye sd Briggs, The said Hudson Leverett haueing Reed ye sd Giffards Money & made vse of it that hee would pay ye sd Briggs ye sd Bill, & that [often] told ye sd Giffards, when hee came to him about it hee had nothing to doe with him, for hee was to pay ye said Briggs: ye sd Mony, for ye sd Bill, (and not him) And that to what hee says that hee hath pd & Tendered ye sd Giffards ye full summe of what he had Reed of Giffards acct is noe such thing. Besides ye 16li in Cash, of mr Mather; The said mr Hudson Leverett hath Reed Seaven pounds in Cash more Besides one great Trunk that Could not Cost in England less then 30 or: 40s according to ye Iudgmt of others, Also Turky worke Chairs & a Carpitt being the Remayner of an execution of 48li That hee will not giue the sd Giffard an acct or any thing thereof nor proceed to finish ye execution, Soe that what Giffard did receive of ye sd mr Hudson Leverett was in ordr to ye receipt of these Moneyes Comming upon ye 48li And not to Infringe a Farthing of ye Sixteene pound Bill Assigned.
2d Jt is vterly denyed that any Considerable part was pd before hee Reed a penny of mr Mather what Giffard might say, as for ye sd mr Leverett to satisfy himselfe, It was not in Relation to that of mr Mathers (But as to ye whole summe of Money of 60li that hee had to Receive for him) the sd Giffard which hee had execution for; And might haue possest himselfe of ye whole as well as any part which for want of effecting hath been great wrong to ye sd Giffard that it is not don, att prsent.
3d Whereas hee speakes ye Iury hath giuen Abraham Briggs ye Assignee of John Giffard ye Summe of Twelve pounds Fifteene Shillings & yt Giffard Charges ye sd mr Hudson Leverett but wth 16li Reed of mr Mather, And said Giffard should by himselfe & ordr receive 7li 10s 8d is noe such thing; for Giffard as aboue exprest, declares that mr Hudson Leverett Reed more then ye saide 16li & had more to Receiue which hee might haue soone taken into his hands, as what he hath taken. And that what Giffard either himselfe or ordr hath Recd, he disowned nothing off in Court, But as with Relation to bee pd out of ye sume in Generall; & not yo 16li in particular, And for what hee speakes of ye 24s pd att ye Commissioners Court, Giffard hath declared in Court that hee was euer against ye sute knowing & haueing told him that hee could not divide ye Bond; as to make two actions of it; And whereas hee speakes of nine pounds & Tenne shillings for a servant; & that hee affirmes that at Giffards Request hee purchased ye sd Seruant, He knows that mr Giffards did declare in Court that both ye sd Giffards & his wife was att ye sd mr Leverets House severall times, for this seruant that hee speakes off, & was both denyed, And could not obtaine from ye sd mr Leverett any such seruant that hee speakes of though they were in want of one & would willingly haue had her, (which neuer since they heard off till now) That hee would pay this debt of 16li bye, And soe reserue it to himselfe; as what is before exprest, The summe of 48 li of ye sd Giffard that hee then Recd at ye same Cort & giues no acct thereof Though hee hath received in part of that Bill, Also 7li in money 4 Turky worke Chairs a Turkey Carpitt & a great Trunk as afore mentioned
Jn Consideracion of all which ye defendt hopes to find ye Justnesse of ye Court Confirming ye former Judgmt with an Addition as to his proper Debt & Cost of Courts
I Remayne yor Honors Servant to Command,
Abraham Briggs
Septembr 7th 1675
The Court of Assistants (Records, i. 50) found for the plaintiff (Leverett) “forty seuen shillings abated of the former Judgmt & Costs of Courts.”]
Pennell agt Pendell
William Pennell commandr, of the Ship Freinds Increase of Falmouth in England plaint. agt William Pendell Defendt in an action of the case for absenting himselfe from the Service of the sd Pennell to whome hee is engaged to officiate the place of a Carpenter whereby the plaintife & his Owners are much damnified & other due damages according to attachmt dat. May: 20th 1675. . . . The Jury . . . founde for the plaint. the forfiture of the Defendants wages according to Law & costs of Court. [335]
Kemble agt Hall &c.
Henry Kemble plaint. agt Ralph Hall Senior & John Young both of Exeter Defendts according to attachmt Dat. July: 13o 1675.
The plaint. was NonSuited upon non appearance
Barnes agt Batt
James Barnes plaint. agt Paul Batt Defendt in an action of the case for breach of a Covenant made between the sd Barnes & the sd Batt bearing date the Seventh day of May One thousand Six hundred Seventy & four by the sd Batts non paiment of severall Summes of mony & goods at monys price & four thousand foote of Merchantable pine boards unto the sd Barnes or his assignes according to the sd Covenant whereby the Summe of two hundred pounds in mony is forfited unto the sd Barnes as will appeare by the sd Covenant under the hand & Seale of the sd Paul Batt, through whose defect of payment in specie & time therein mentioned, the sd Barnes was hindred in finishing the sd buildings expressed in the sd Covenant unto his great damage with due interest & all other due damages according to Attachmt Dat. July: 22ond 1675. . . . The Jury . . . founde for the plaint. the forfiture of the bond two hundred pounds in mony & costs of Court being two pound eight Shillings & ten pence.
Execucion issued Augo 9o 1675.
RUGGLES agt RIGBEY
John Ruggles of Boston Butcher plaint. agt Samuel Rigbes or Rigbey of Dorchester Shoemaker Defendt according to attachmt dat. July: 12o 1675. The plaint. withdrew his accion upon the Defendt his confessing a judgement.
Holloway agt Smith
Elisha Holloway plaint. on appeale from the Judgement of Edw: Tyng Esqr in May Last past agt Jsrael Smith Defendt. . . . The Jury . . . founde for the Defendt confirmation of the former Judgement & costs of Courts.
Smith agt Rand &c.
John Smith Merchant plaint. agt Jsaac Rand late Mate & since Master of the Ship John & Mary, Robert Kemp Carpenter, Henry Butterfeild Gunner, John Smart, Robert Davis, Moses Patrick & James King the company late belonging to the sd Ship them or either of them Defendts in an action of the case for not delivering unto mr George Smith at the Jsland of Thenerife a bayle of Dowlas containing five peices & Sixty five pound of bees wax [336] made up in the sd bayle shipped by the sd John Smith upon the sd Ship for his own proper accompt & consigned to the sd mr George Smiths which dowlas & wax amounted to the Summe of Fourty two pounds seven Shillings & Six pence in mony at first cost besides charges which is to the plaintifs damage to value of about Eighty pounds with other due damages according to attachmt Dat. pro July: 1675. The accion being called some of the Defendts appeared & Lt Ri: Way & Tho: More as Attournies for the whole & engaged in Court to respond what should bee recovered by the plaintife. . . . The Jury . . . founde for the Defendts costs of Court. The plaint. appealed from this judgement unto the next Court of Assistants & himselfe principall in ten pounds & Elisha Cooke & FreeGrace Bendall as Sureties in £:5. apeice acknowledged themselues respectiuely bound to . . . prosecute his appeale . . .
[The Court of Assistants (Records, i. 40–41) sitting as a Court of Admiralty on 17 June, 1675, had ordered John Smith to satisfy the present defendants to the sum of 61l 6s 6d wages and 18l salvage. This case apparently was the owner’s manner of getting even with his ship’s company. The six seamen, for want of security against absconding, had to remain in jail during the action (S. F. 1409.1).
A copy of the boatswain’s account of the cargo, and of records from his book, are in S. F. 1409.5, 7; between them comes this significant comment:
Bale No 61 you mention in the Jnvoyce being in the Gunroome no such appeares, therefore Looke after it there & advise.
This is a true Coppie extracted out of a letter Subscribed Geo: Smith written to mr John Smith from Thenerife 25 Ap: 75. which letter is on file.
as Attests Jsa Addington Cler
Two invoices or bills of lading (S. F. 1409.3, 8) follow:
Shipped by the grace of God in good order & wel conditioned by mee John Smith in & upon the good Ship called the John & Mary of London whereof is Master under god for this pursent Voyage Josias Hare & now rideing at ankor in the port of Boston & by Gods grace bound for Thenerife port Oratavo to Say twenty Six hogsheads. 21 ps. 4. punchins of pease & 25630 pipe Staues .19. hogshead Tobacco. 4. Chests. 2. bayles. 200. jarrs of Oyl & 9. chest of Losa & one barrell & 10. hogsheads copras &. 230. qto of Fish & one box for my acco as per invoyce . . . and are to bee deliuered in the like good order & wel conditioned at the aforesaide port of Oratauo (the danger of the Seas onely excepted) unto mr Geo: Smith Merchant or to his assignes hee or they paying Freight for the sd goods . . . Dated in Boston the 3d of Novembr 1674. . .
. . . true Coppie . . . Jsa Addington Cler
S. F. 1409.8
Boston ye 2th Novembr 1674
Jnvoyce of goods laden onboard the Ino and Mary Iosias Hare Commandr, being for the proper accot of mee Jno Smith & goeth consigned unto mr Geo: Smith Merchant in Thenerife marked & numbred as in the margent as followeth.
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26 hhds of peases: 21. pipes of ditto. 4. punchances of ditto. Containing 549 bushlls at 3s 9d per bushell |
£102:18:09 |
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per 25630: pipe Staues at 4£ per thousd |
£102:10:— |
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No X : 54: to 57. per 4. Chests of fine yard broad Dowles conta: 42. ps at. 7. £: 10. per peece containes 72 nr |
£315: — |
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59 per one bayle containing. 5. ps of yard broad dowlas at |
037:10:— |
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per. 65£. of Bees wax yt is in ditto bayle, & in box G: S. at. 1s 6d per pound |
004:17:06 |
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per 200. Jarrs of Oyle. at. 5s 6d per Jarr |
£055: — |
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No + 1: to: 9: per 8. Chests of Loca seuerall Sorts de Lixa at. 7. fa per. 1. box of ditto containes in all 4040 Plates at |
029:09:02 |
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per. 1. Barrell containes. 178. Hatchetts de bilboa |
£017:16:— |
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per. 66. tobacco Boxes at. 3s 6d per peece in one of the Chests of dowlas |
£011:11:— |
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per 10. hhds. of Copperas containing . . . qt |
:59:00:06 |
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No X 58: per one Bayle containes .5. ps being 907 vares of Roane C[ru]doatt |
£:061:05:04 |
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per 230 qta of Fish 160: qts at 9s |
£.072:00:– |
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70: qts at 12s |
£042:— |
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£:1001:02:06 |
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| Charges. | ||
|---|---|---|
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£ .1:12:— |
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per: Shipping off the pipe Staues |
£5:02:— |
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per culling the pipe Staues at |
£ .2:12:— |
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per caske to put the pease in |
£.14:— |
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per boate hire for the Tobacco chests and copperas & all other charges, paid coopridge portridge & wharfage |
. £ 10:00:0 |
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£:33:06:0 |
33:06:00 |
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£1034:08:06 |
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. . . true Coppie . . . Jsa Addington Cler.
Smith’s Reasons of Appeal are not preserved; the defendants’ answer (S. F. 1409.9) follows:
Isack Rand & company their Answer to Iohn Smith his reasons of Appe[al]
1 Wher as hee Saith the baile of goods Shewed for was Shiped on board the Shipe Iohn & Mary ye Defftn denyed it not but as the owned it to bee Soe Shiped Soe they [did a]firm to ye deliuery of it at tenerife and after the deliuery of both of that baile and the rest of the Cargoe they whith the Ship Stayed thear about tenn Weeks a[nd] Reloaded the Shipe with A Cargoe bound for Boustown and in all that time ye deliuery of Sd baile was not questioned but if It had not been deliuered ye def[endants] conceaue themselues not obliedged but ye person obliedged was the the[n M]aster naimly Iosias Hare who as mr Smith himself Saith Signed [torn] of lading for it but while hee liued ther was no Demaund of Anny b[torn] then arissing and all tho yt both hee and the boson wher drowned before our coming away from thence ther was no demaund made of it [torn] of us nor Jndeed was thear Reason Soe to doe wee being the persons not Jngadged [torn] the merchant tho wee owne it is our duty to deliuer ye Shipe according to the [torn] order wch wee did and this baile Jn question amongst the rest as appeared b[y the] bosons book wch is as good A testimony to proue the deliuery of it as the bosons rec[eipt] yt the pltffe pressents is to proue the Shiping it one board; Wheras it is Said the boson could not write and thear fore ye deffts might write in the bosons book: wh[atever] they pleased to that ye Answer is yt if the boson could write yt receipt wch the pltff pressents for the taikin it in to the Shipe then Surly hee could write in his bo[ok] what is thear written concealing the deliuery of it wher as the pltff obiect ag[ainst] ye bill of costs & prisson fees Saying yt the men Whent to prisson to please th[eir] owne humors and soe caime out againe yt is utterly untrue as appear [torn] ye return made one ye Attachment and wheras it is Said yt George Smith [torn] Sent A letter yt the baile Shewed for was not deliuered it is not yet proued [worn] his letter but wee haue Just cause to Susspect the contrary because ys pret[torn] letter Specifieth ye want of A baile [8]6s wch is neither the bai[le] in ques[tion] neither was thear anny sutch baile in the Shipe wee Shall ad no moor yt A Second Master Should bee liable to respond or maike good A first [torn] Jngadgements When no way obliedged soe to doe Wee see no reason fo[r] it soe not doubting but this honrd court will See cawse to Confirme the f[or]mer Judgement Wee Subscribes our selues yor worshipes humble Seruants
Richard Way Athorny to Isack Rand and Companie
[Tho] Moo[r] Aturny to J[ ] R[ ] and Cumpany
The Court of Assistants (Records, i. 46) confirmed the former judgment of the lower court and assessed 41 2d costs on Smith.]
Figg agt Gerrish &a
John Figg in the behalfe of Mary his wife plaint. agt Capt William Gerrish, Nicholas Noyes, Richard Knight and mr Richd Lowle Execrs & Overseers of the last will & Testamt of mr John Lowle deceased Defendts in an action of the case for her part or portion that was giuen her by her Father in his Last will & testamt according as the rest of his Children had & as the will doth declare & due damages according to attachmt dat. July: 19th 1675. . . . The Jury . . . founde for the Defendts costs of Court being three pounds one Shilling eight pence.
Execucion issued 7ber 8: 1675.
Gydeon &a agt Gibbs
Rowland Gydeon & Daniel Baruh plaints agt Benjamin Gibbs Defendt in an action of debt of One hundred & eleven pounds Fourteen Shillings & eleven pence due by booke & bill with all due damages according to Attachmt. . . . The Jury . . . found for the plaintife One hundred and eleven pounds Fourteen Shillings & eleven pence mony & costs of Court. The Defendt appealed from this judgmt unto the next Court of Assistants & gaue bond wth Sureties according to law for the prosecution of the same to effect. [337]
[A mutilated bond for appearance, Gibbs’s Reasons of Appeal, and Gydeon’s Answer are in S. F. 1401.1–3. The defendant gives as his first reason of appeal that Gydeon sued by book and bill, yet produced only a bill and not his books. Gydeon replies to this “weake appeale”: “Who will blame a man to haue two Strings to his bow, Espetially Jn time of danger By Either of wich the Debt was Manifest.” In his conclusion he offers to produce his books which were also ready in the lower court,
thowgh new Euidence is as needless as Unusuall Jn the practice of this Court where, as God Command owr Father that the same Law should bee for the Stranger & sorjourner as for the Jssraellits, J may Expect equall Justice — thus Comiting my Case to the honnd Court and Gentlemen of the Jurye praing for the prosperity of yowr Gouermn and that yow may bee further fathers of this scatered Nation.
The Court of Assistants (Records, i. 49) sustained the lower court.]
Holman agt Arnal
Thomas Holman plaint. agt William Arnal Defendt in an action of debt to the value of Four pounds in mony due upon bill wth all due damages according to attachmt dat. June. 14o 1675. . . . The Jury . . . founde for the plaintife Four pounds in mony & costs of Court being 20s
Execucion issued July: 30o 1675.
Crow agt Knights
Christopher Crow plaint. agt Jonathan Knights Defendt in an action of the case for witholding a debt of Six pounds ten Shillings due for a horse sold & delivered him by the wife of the sd Christopher Crow & by her husbands order & due interest & other due damages according to attachmt dat. July 9o 1675. . . . The Jury . . . founde for the Defendt costs of Court.
Lynde agt Manning
Simon Lynde plaint. agt Nicholas Manning Defendt according to attachmt dat. May. 7th 1675. The plaint. withdrew his accion upon the Defendt his confessing judgement.
Rawson agt Hart
mr Edward Rawson as Attourny to mr John Knowles late of Bristoll Clerke plaint. agt Jsaac Hart Defendt in an action of the case for the sd Hart breach of a bond to the value of Seventy pounds for not paying the Summe of thirty Seven pounds in the Season thereof & delivering up to the sd mr Edward Rawson all his receipts as hee was bound to doe as by the sd bond amply doth & may appeare wth due damages according to Attachmt dat. July. 2d 1675. . . . The Jury . . . founde for the plaintife Seventy pounds mony the Forfiture of the bond & costs of Court. The Court chancered this bond to Fifteen pounds mony & costs of Court £1. 3. 6 & Order no Execucion issue out upon this judgement untill mr Rawson haue recorded the powers hee hath from mr Knowles to sell the Land granted to sd Hart.
mr Rawson produced a Letter of Attourny attested by the publique Notary to bee entred in the: 5th Booke of his Records page. 108. so by order of the Governor
Execution issued Decembr 19o 1677.
Rose agt Long
Roger Rose plaint. agt Michal Long Defendt in an action of the case for receiving an Order & a bill containing twelue thousand foote of boards & planke neere & about the first of May last past & making no return neither of bill nor boards to the plaintifes great damage according to attachmt dat. June 2d 1675. . . . The Jury . . . founde for the Defendt costs of Court. [338]
Dobleday’s charge
Roger Dobleday standing charged for wanton Lascivious and unclean carriages with Margaret Wood; pleaded the purviledge of a Jury; which was granted him; . . . The Jury . . . founde him not guilty according to Law.
Salmon to Batt
Robert Salmon personally appeared in Court July: 27o 1675 & confessed judgement against himselfe & Estate unto Timothy Batt for Seven pounds ten Shillings mony in full of all accompts.
Pratt to Wharton
Timothy Pratt personally appeared before the Worppll William Stoughton & Tho: Clarke Esqrf & confessed judgement agt himselfe & Estate unto mr Richard Wharton for three pounds in mony being in full of all dealings whatsoever between them to this day July: 27o 1675.
Manning to Lynde
Nicholas Manning of Salem GunSmith personally appeared before the Honord Jno Leverett Esqr Govr Edward Tyng & William Stoughton Esqrs July: 27o 1675. & confessed judgment against himselfe & Estate unto mr Simon Lynde for Eleven pounds Five Shillings in mony due by bill on file bearing date Febry: 14o 1673. being in full of sd bill wth all damages.
Rigbee to Ruggles
Samuel Rigbee personally appeared & confessed judgement against himselfe & Estate unto John Ruggles of Boston Butcher for Eight pounds Sixteen Shillings in mony being in full of all accoumpts between them. 27o July: 1675.
Execucion to bee respited for a month.
Execucion issued 8ber 11o 1675.
Green to Vsher
Samuel Green junr of Cambridge personally appeared before William Stoughton & Tho: Clarke Esqrs July: 27o 1675. & confessed judgement against himselfe & Estate unto Jno Vsher for Forty nine pounds Seven Shillings & eleven pence in mony being in full of all accoumpts betwixt them.
Execucion issued June. 21o 1677.
Grandjury dismis’t
The Grandjury brought in theire bill of presentments July: 27o 1675 & were dismis’t for this Court.
Keeper Ordered to pay Parkes for nursing Lorins Childe.
The Court Orders Tho: Matson Keeper of the prison to pay Mary Parkes for nursing the Childe whereof John Lorin is the reputed Father (who was a prisoner and hath made his escape) unto this time for so long as Shee hath kept it, & that the Select men of Boston provide for it for the future or Satisfy her for keeping it. [339]
mrs Freakes Liberty
The Court grants Liberty to mrs Elizabeth Freake till the next Court of this County for the bringing in of an Jnventory of the Estate of her Late husband mr John Freake decd
Kitchin Sentenced
Mary Kitchin convict by her own confession in Court of committing Fornication. Shee being now with Childe (as Shee saith) by one Robert Jackson: The Court Sentenced her to bee whip’t with fifteen Stripes or to pay three pounds in mony as a fine to the County & Fees of Court & prison standing committed untill the Sentence bee performed.
Dedham & Roxberry Fines remittd
Upon the motion of the Town of Dedham to the Generall Court sitting in Boston in May last; The Court recommending the consideration & remitment of the Fines imposed by the court of this County upon the Townes of Dedham & Roxberry for not running the Line between theire Townes according to Law This Court were pleased to remit theire sd Fines.
Hubbards Estate Setled
For the Setlement of the Estate of the Late John Hubbard of Hingham decd hee Leaving but one Childe being a daughter: The Court confirmes the whole Estate upon Elizabeth his relict during her naturall Life for her own maintenance & bringing up of her Childe, and at her decease the house & land left by sd Hubbard to bee to Hanna his onely childe for ever; the movables are confirmed upon the widdow & her heires forever.
Evans Sentenced
Patrick Evans convict in Court, of his unruliness & disorderly carriage onboard the Ship Supply David Edwards Commandr as hee was one of the company belonging to sd Ship, and abuseing the sd Master in words & blows, threatining to Stab him &c. The Court having duely considered hereof doe Sentence him to bee whip’t with twenty Stripes or to pay five pounds in mony as a fine to the County, with charges of prosecution & fees of Court Standing committd untill the Sentence bee performed.
Curle Sentencd
Nicholas Curie convict in Court by his own confession of falsifying his trust as hee was a publique allowed carrier in the City of Bristoll & fraudulently bringing away to New-England sundry parcells of goods belonging to Wm Corbee Wm Turner Robert Woolcot &c. The Court Sentencd him to pay ten pounds in mony as a fine to the County & to stand in the pilory in Boston three severall Lecture dayes for an hour at each time immediately after the Lecture & to pay unto mr Tho: Doxey attourny to the sd Corbee Turner Woolcot. &c. Eighty Six pounds Fourteen Shillings & one penny English mony or the value thereof; with [340] Fees of Court & prison standing committed untill the Sentence bee performed.
Backway Sentencd
William Backway & Mary his wife convict by theire own confession in Court of committing Fornication before theire marriage The Court Sentenced the sd William to bee whip’t with fifteen Stripes & Mary his wife with ten Stripes or to pay Fifty Shillings in mony as a fine to the County with Fees of Court standing committed untill the Sentence bee performed.
Harbour’s Estate Setled
For the Setlement of the Estate of the late John Harbour of Brantery decd The Court confirmes one third part of the whole movable Estate Left by sd Harbour upon Hanna his Relict & her heires & Shee to haue the emprouement of the house & Land during her naturall Life Shee maintaning of it in sufficient repaire without waste or damage the remainder of the Estate is confirmed unto John Harbour his onely Childe & his heires & after the decease of his mother hee to haue the houseing & Land.
Boston under a penalty
The towne of Boston being presented for an insufficient highway from Goodman Barkers to the Lane going to Charlestown being so wet as people cannot comfortably goe to meeting; as also another highway from Thomas Jayes to Mumfords The Court Orders the Select men of Boston to see that the sd wayes bee sufficiently repaired between this & the next Court of this County under the penalty of Five pounds.
Rose under a penalty
Roger Rose being presented for letting his well lye open whereby people are exposed to hazard: The Court Orders that the sd Rose Secure it or fill it up within one weekes time after this day being. 30. July under the penalty of five pounds.
Sumners Estate Setled
For the present Setlement of the Estate of the Late William Sumner of Boston decd The Court confirmes the whole Estate upon Elizabeth his widdow during her widdowhood for her own & Childrens maintenance, and upon her inter Marriage the Court to take such further order therein as occasion shall offer & they judge meet
Morton’s Mony Forfited
John Morton bound over to this Court to answer the complaint of John Saunders for that hee founde a purse with mony in it & never followed the appointmt of the Law therein whereby the Owner might haue it again; which hee Owned & deposited thirty seven Shillings in mony to answer the same: The Court Orders that [341] that twenty Shillings of the sd mony bee paide unto John Saunders & the rest to bee forfited to the County, the sd Saunders having lost a purse with 18s 6d mony in it about the same time Morton ownes hee founde this, & to pay fees of Court.
Dew admonish’t
Ambrose Dew being presented by the grandjury for absenting of himselfe from the publique worship of god on the Lords dayes in publique meeting places allowed of according to Law; which hee owned in Court, it being the first conviction The Court Sentenced him to bee admonish’t & to pay fees of Court.
Amee Fined £.2
Goodwife Amee being presented by the grandjury for absenting her selfe from the publique worship of God on the Lords dayes in the publique meeting places appointed by Law; which Shee owned in Court: The Court Sentenced her to pay Forty Shillings in mony as a fine to the County & Fees of Court.
Stretton Fined £:2
Eliphal Stretton presented & convict as abouesd The Court Sentenced her to pay Forty Shillings in mony as a fine to the County & fees of Court.
Order for Hawkins provition
The Court Orders the Select men of Boston to take care to remoue Mary Hawkins from the widdow Coursers & to provide for her at some other house.
Freemen Sworn
Francis Robbinson, Samll Ward, Peirce Clarke, John Davis Elisha Odlin, Edw: Thwyng, Jonathan Bridgham and John Valentine all of Boston tooke the Oath of Freedom of this Colony.
Tayler Sentencd
Elizabeth Tayler convict in Court by her own confession of committing Fornication & being with Childe by one man & afterwards marrying with another, The Court Sentencd her to bee whip’t with twenty Stripes or to pay three pounds six Shillings eight pence in mony as a fine to the County & fees of Court standing committed &a
Morgan admonish’t
James Morgan being bound over to this Court to answer for his abusive words & carriages to his Mar Roger Dobleday The Court having heard & considered the same doe Sentence him to bee admonished & to pay Fees of Court Standing committd &a
Jones Sentencd
Owen Jones convict by his own confession in Court of stealing a rugg & a coate from Phillip Keane valued at twenty six Shillings which are returned again: The Court Sentenced him to bee whip’t wth Fifteen Stripes & to pay [342] unto Phillip Keane three pound Eighteen Shillings in mony being the threefold restitution the Law requires (what hee hath already received to bee deducted thereout which is twenty six Shillings) & to pay fees of Court & prison: and Order in case hee make not Satisfaction accordingly that hee bee Sold.
Measure charged
William Measure being charged by Robert Haughton for feloniously entring onboard his vessell & breaking open the hold and the Cabbin dore of sd vessell: The Court having heard the case doe acquit the sd Measure & Order sd Haughton to pay him his costs.
Morphey Sentencd
Brian Morphey being complained of by Mary Webster for Strikeing & abuseing of her: The Court having heard & considered of his offence, doe Sentence him to pay ten Shillings in mony as a fine to the County with charges of prosecution & fees of Court standing committed untill the Sentence bee performed.
Batt Fined 5s
Paul Batt being presented by the Grandjury for oppression in selling two yards & a foote of cloth to Benjn Smith at fifteen Shillings per yard not judged to bee worth aboue ten Shillings the cloth being produced in Court, the which hee owned to haue sold at that price: The Court considering the case doe Sentence him to pay ten Shillings in mony as a fine to the County & to pay ten Shillings in mony to Benjn Smith with charges of prosecution & Fees of Court standing committed untill the Sentence bee performed.
Buckman admonish’t
John Buckman & Sara his wife being committed for theire rude & disorderly carriages, making a disturbance of the Neighbours & outcry in the Streete, & being called before the Court: The Court having heard what account they gaue of it, admonish’t them, Ordered them to pay Fees of Court & prison Standing committed &a
Negus’s bond of: £:5. Forfited.
Benjamin Negus & his Sonn Jabez Negus being bound in a bond of Five pound for the appearance of Mary Negus at this Court: She not appearing upon due calling: The Court declared theire bond forfited.
Nicholls Sentencd
Esther Nicholls being sent for by the Court to answer for her committing of Fornication & having a bastard Childe which Shee owned in Court: The Court Sentenced her to bee whip’t with Fifteen Stripes or to pay three pounds in mony as a fine to the County & fees of Court standing committd &a
Toldervay dischargd
Upon due proclamation made William Toldervay was discharged from his bond for the good behavior [343]
Coleman Fined £.5.
William Coleman being presented by the Grandjury for Selling wine & Liquors without Licence; which hee confessed in Court & was testified against him: The Court Sentenced him to pay Five pounds in mony Fine to the County & Fees of Court Standing committed untill the Sentence bee performed.
This Court dissolved Augo 2d 1675.
Present
- Simon Bradstreet Esqr
- Edward Tyng Esqr
Septembr 24o 1675 @
Brett to Thacher
Morrice Brett personally appeared & confessed judgemt against himselfe & Estate unto mr Thomas Thacher junr for twenty five pounds good & Lawfull mony of New-England according to bond on file bearing date Aprill: 3d 1675.
as Attests. Isa Addington Cler
Execucion issued 7br 28o 1675
Present
- Richd Russell Esqr
- Edw: Tyng Esqr
pro Octobr 1675
Vsher to Daniel
John Vsher as admr to the Estate of William Antrobus decd personally appeared & confessed judgement agt the sd Estate in his hands unto Thomas Daniel of Piscataquay for three pounds twelue Shillings & one penny in mony findeing the same due by the sd Antrobus his Accot
as Attests. Jsa Addington Cler [344]