Richard Woody His Resons of Appeale From the Judg^t of y^e County Courtt Held Att Boston Jan^ry 25: 1675.

Imp^rs: The First Reson of my Appeale Is because my Case was not Rightly vnd^rstood I humbly Conceaue Att the Last County Courtt; For my Complaintt against the Defend^t Last Courtt was For the great Injory and Damage In y^e County Courtt Before as I Doe Apprehend When the Defend^t Sued me for Cutting Down the fence he had Sett vp vpon the town High Way, By vertue of Which he stoppeth me outt of the Injoym^t of the High Way that Leadeth to my Land vpon Forthill Which my p^rdcesso^r and I haue Injoyed aboutt forty yeares and neuer was stopped o[ut] of nor Molested In y^e Injoyment off, till the yeare 1674: which was After my [prede]cessor (m^r Belcher) was Dead: Which High Way being stopped Caused me to loose [torn] Rentt and Am Dayly Damnifyed Which I sufficiently proued at y^e Last Courtt, [torn] that the Jury Notwithstanding soe many plaine Euidences Cast me Contr[ary] to Law Title Possession Which make Me Come to this Hono^rd Courtt For Releife.

2: The Town From Time to Time Made Orders For the Conueniencies of m[en] to Come to there Lands & thatt High Wayes should be laid outt For Euery man in y^e towne to Come to his Lott as Appeares by A Town Order made in y^e yeare 1635: and to this lott of mine the Land in Controu^rsy was laid outt as a High Way aboue forty yeares agoe & quiatly Injoyed till y^e yeare 1674.

3. This High Way was there Laid outt by the townes order As is Testifyed by Cap[^t] James Johnson & Rich^d Wayte who mentions the p^rsons thatt Were appointed for thatt end, & Rich^d Wayte also Testifyes that he Drew the Chaine before m^r John Oliuer to Lay outt this as a High Way where y^e Defend^t makes Roapes: and that this Land in Controu^rsy is A High Way & that it was soe Laid outt by y^e towne Order aboue Forty yeares since, and Neuer Disanulled by any Town Act is Testifyed by Elder Ransford, John [o]dlin, Thomas Matson sen^r, Francis Hudson, Edmond Jackson, Hugh Drury & seuerall Others.

4 Because The Court Did nott see good to Admitt y^e Testimony of Gemaliell Wayte which I Judg Was very p^rtinent to my Case, Who Testifyes that the Way in Controu^rsy he knew to bee a high way this forty two yeares, and in y^e yeare 1639 Elder Leuerett & Elder Oliuer wentt w^th him to y^e Water side & did shew him this pease of Land to bee A High Way & it was laid outt by y^e towne; & y^t Good[man] Gridley 35 years agoe had shewed him y^e Land y^t was laid outt as A High Way (as the Elders had shewed him before) & told me it was laid outt as A High Way to goe vp to y^e fortt hill: and also testifyes that fiue men might March A brest in y^e High way Which Testimony I hope this Hono^rd Court Will Accep^t of that soe the truth of the Whole matter may be vnderstood:

5 As to the Defend^ts Pretence of A Rightt to the Land In Controu^rsy he neu^r had any, neither Cold he Claime any p^rtended legall Right till y^e yeare 1666. as per his Deed Appeares, nor an Interprita^t nor Acknowledgment of his deed tell y^e year[e] 1672: and to the Land In Controu^rsy he neu^r had any, neither Cold Good: Gridley sell him any: For y^e Land in Controu^rsy was A High Way Laid outt by the townes Order Forty two yeares agoe; and that Many yeares before

Good Gridly had a Right the[re] and If Good Gridley had pou^r to sell part of y^e Land in Controu^rsy to Collonell [S]earle & others Sure itt Cold not be y^e Defend^ts butt Good Gridley had no Right to sell the Land In Controu^rsy to y^e Defend^t nor any oth^rs Butt in all G: Gridleys Deed he Mentions A High Way to A [barr] Gate vp Fort Hill:

6 As to His Euidences He Brought in Against me: which I Conceaue the Jury Cast me vpon the Last Courtt: they are very Imp^rtinentt Euidences to y^e Case For one of them (vizt Decon Allin) is only a Hearesay: and the other you Will Finde makes an Interpritation of his Euidence in his Addition vizt Abell Porters Two Euidences Compared together; Butt were there Euidences possitiue which they haue giuen how Can any man sware that another mans Land he liues vpon is his own Except he Were at y^e Bargain Making or was a Wittness to the Deeds or see y^e Deeds. But y^e Land Cold not bee the defend^ts by there Euidences as to his Injoying of itt 28 or 30: yeares as his owne are very vnsafe For he had no Deed till the yeare 166[6] and nott Confirmed till the yeare 1672. Butt the Land in Controu^rsy was Laid outt as a High Way Aboue forty yeares Agoe, and If Good[man] Gridly had sold it to y^e Defend^t & made it neu^r soe sure by Deed, it Wold signify nothing, For it was none of his to sell, & If the Defend^t hath any Damage Done him he may seek his Remedy of y^e p^rsons Estat y^t sold it to him; Butt this Action of the Defend^ts is only to Couett the Land laid outt by y^e town as A High Way to Benifit himselfe and is A breach of that Command thou shalt not Couett: Butt this High way was Laid outt to the plantiffs Land there being noe other place for A High way to this Pl^ts Land butt this w^ch the Towns Order saith there shall be a high Way too:

7 This High Way which y^e Defend^t Claimes was Euer A High Way to y^e Fort hill For Sam^ll Sindall & Rob^t Sandford Carted that Way Without any Molestation by y^e Defend^t because ther is no other High Way Laid out By y^e townes Ord^r to the Fort Hill, also m^r Rob^t Gibbs when he built his house Carted that Way and Challenged it for A town high Way: and For the Defend^t to stopp vpp y^e High way y^t leads into y^e pl^ts pasture, which he & his p^rdecesso^r hath Injoyed For this Forty yeares, is Contrary to y^e Law Title Possession, which land the Defend^t neu^r made any Demand of or Claime to as his own till the yeare 1674. and that after he had gott his Deed With the Interpritation Entered & Recorded and then begins to Grumble & Disturb & molest me In y^e Injoy^t of y^e High Way to my Pasture, neither was there any Fence sett vp by him Nor Good Gridley, (to Hinder y^e Free passage into my Land) till the yeare 1674. Butt what fence or Barr that was sett were sett vp & Mainteined by my p^rdesessor & myselfe:

8 As To His p^rtence of His Right in The Towne High way as his own & to take itt away by Forse. I hope y^e Hon^rd Court Will Consid^r that he Neuer Claimed it till the yeare 1674, thatt he Stopped my Barrs vp: For they allwayes Were open for any man to pull vp & Down till that time & had A free passage Without Disturbance Neither Was his Claime Euer Entered In any Record, as yett to Thatt high Way or Land In Controu^rsy

Lastly The Land Within Fence Was First Cap^t Morris Land & then Elder Leueretts butt the Land In Controu^rsy, butt the Land In Controu^rsy Was neuer there land Butt Was Laid outt For a Town High Way For y^e vse of the Towne to goe vp Fort Hill, and Laid outt by Elder Leuerett himselfe as A town High Way and he neu^r Did Dispose of it to Good [man] Gridley nor any other as it did [E]u^r yett appeare Butt I haue Sufficiently proued that sd Gridly owned there Was a High way vp the Fort Hill where sd Harrisons Rope yard now is: and the High Way or Land laid outt fo^r a High Way Was Laid Outt by the Townsmen and by the ord^r of the Town, and that According to o^r Law Title High Wayes Sect the Second, and you Will not find there that the towne are Bound to Record the townes High Wayes: Soe there plea as to that Article is of Litle validity Butt Wee haue sufficiently proued First that the High Way was Laid Outt by the Towne & thatt this Land In Controu^rsy is the High Way: 2^dly thatt itt was laid outt aboue forty yeares agoe: 3^dly. Thatt I and my p^rdecesso^r Haue Jnjoyed it Without any Molestation till y^e yeare 1674 about Forty yeares, All Which J shall leaue To the Hono^rd Courtt And Gentlemen of y^e Jury Seriouly to Consid^r off nott Doubting Butt they Will see Just Cause to Reuerse the Form^r Judg^t and Grauntt Mee my Just Damages Susteined

Richard Woodde

These Reasons were received pr^o Martis. 1675.

per Is^a Addington Cler

S. F. 1432.6

John Harrison his Answer to Richard Woody^s Reasons of Appeal from the Judgment of y^e County Court held at Boston Jan: 25: 1675

Allthough the Plantiffe make a Large declaration of his case by many assertions which if true, might seeme to have some reason in them, yet being examined will appeare but false pretences to darken the truth of y^e case, but time will not permitt So to enlarge haveing more awefull things vpon my heart then willingly to contend for land when desolations are Soe many. But to his first y^e Plantiffe saith the Jury cast him contrary to y^e law of possession, the contrary is evident for y^e Jury cast him according to y^e law possession as hath & shall be made appear.

To his Second what orders the Town made is not my worke to inquire after, but the Plant: no where alledgeth much lease proveth that any was laid out through the Defend^ts Land, to y^e Plant: Land, or that the Land in controversie was laid out for a Highway for any such end

To his Third if this way were so laid out as is affirmed, yet it reacheth not y^e plant: case, but of the truth of that wee doubt, for Cap^t: Johnson wee concei[ve] not capable to take an Oath, Another Testyfies & Sweares, it was done by the Select men & committe of Militia, allthough there was no Committe of Militia in being or any such power in military officers tell some yeares after, Select men & military officers might doe something for the present occasion, but nothing appears Legally that they did act as Select men or Committe of Militia

To his Fourth Gamaliel Waite speaking of other persons who in there lives were honourable & in there death blessed Had they themselves declared in open Court & not given Oath it would not a been Legall testimony, then why another hearing them Speake (it is like some thing of what was done) his oath should reach our case wee doe not vnderstand, but much of that y^e Defend will not deny, for he was not here, but this reacheth not y^e Plant: or his interest, s^d Waite Speaks onely of a way to Fort hill & Souldiers march thither, now y^e Towne hath laid out a way thither many years since, which is within a Stones cast of y^e Defend land, & need not to come vpon y^e land in controversie

To his Fifth y^e Plantiffe greatly mistake himselfe to affirme y^e Defend^t hath no Legal right (calling his right a pretended right) tell y^e yeare 1666 intimateing our Law must be of no force but as it sutes the Plant: Interest whereas the law is exspress, Title possession page 123, & after vpon a question in y^e yeare, 72, it is answered in the affirmative if a person possesse & have no deed it shall remaine y^e possessors, now this Land by virtue of that law is y^e Legall right of y^e Defend^t, in y^e yeare, 62, allthough y^e Plant: affirmeth not pretended tell, 66, What he meaneth by Gridlyes Selling to Col: Serle wee vnderstand not, no such act appearing.

To his Sixth If positive testimony of possession presented, help vs not, Then the Law is vseless, & no man can know his owne, but for his asserting, one is a hearesay if soe it is good proofe as he inserts in his Fourth Reason & would demonstrate y^e whole matter, but doubtlesse there Testimony remains Firme, many more might be produced both in Towne & Country of y^e Defend: possession if Two were not sufficient Testimony, much is Spoken & reitterated of its Laying out 40 or above 40 years since, to which wee Say little, but if Law be Law this Land is ours now, for besides the invitation given me by the Townsmen of Boston the same which y^e Plant: affirmes laid out this highway, did procure to y^e Defend^t the land now in controversie of Gridle, & in y^e yeare 42 I honestly bought & paid for y^e Said Land as by his Deed appears, acknowledged in 66 confirmed in 72 the Law title possession give it fully to the Defend^t quietlie inioying the Said land before, 52, & the Plantiffe intimated no question about it tell, 74, but y^e plant: seemes soe religious to charge y^e Defend^t with the breach of y^e 10^th commandment, but himselfe passe over y^e 9^th & boldly affirms there is no other place for a high way, to y^e Plant: Land which he doth or may know is absolutely false for there is a highway to Fort hill & Towne land lyeing faire to y^e Plant: Land, which the Defend^t earnestly desires The Jury to walke to y^e place to see for there owne satisfaction

To y^e Seventh, wee Answer who did Cart that way in former times the Defend^t knowes not, but sure he is he hath inioyed it as y^e Law directs if it be possible Soe to doe, for he hath built vpon part of it, & set downe stakes vpon it from end to end & worked dayly vpon it not onely in seed time & harvest but in all seasons of the yeare, soe as no cart can passe that way but his Stakes must be first pulled downe, which none did soe as to weaken the Defend^t Title, if any at any time have transgressed, his title notwithstanding remaines, if any improve my oxe Cow or horse that doth not give title, if any goe into a mans Shop or ordinary without askeing leave I suppose y^e Plant: knowes this gives no title, it Sutes well with the Defend^t trade that men passe by that way, & his predecessor never desired more; yet he did oft travel y^e way that is now laid out. For y^e Fence setting vp wee Say that m^r Belcher did make & maintaine it & ought soe to doe but now y^e plant: supposeing to get the Defend^t Land thereby have laid downe Said Fence, wherevpon to prevent Strife y^e Defend^t hath set it vp & maintains vpon his owne charge,

To his Eighth It Seemes Strange any man should be Soe bold Soe oft to affirme it is the Townes Land & accuse y^e Defend^t to take it by force which he abhors y^e Law being allwayes open, & he had no occasion to make any claime of that which he did quietly possesse, & ye Plant: ones there was allwayes Barrs, to ye Fort hill, & therefore not an open high way, as hee [would] to y^e Said Hill & y^e plan tiffs Land, & to y^t y^e Defend^t entred no claime & how many doe or will enter a claime of that he quietly possesss & no man questions

To his Ninth what Storyes he tells whose this land was is not my worke to demonstrate, wee may affirme the Land was Elder Leverets & Sould to Gridley but wee have proved to ye satisfaction of the Law & two Courts & Juryes that the land is now ye Defend^ts, some thing he tells as by heare Say that Elder Leveret himselfe laid out ye way which he himselfe sould to Gridley; But his assertion that the Towne is not bound to Record there highwayes, veryly no, wee owne it, nether when they have laid them out are they vnalterable, but they may lay downe one & take another more convenient, in ye Towns Land, To his conclusion that this Land was laid out a high way about 40 yeares agoe & that his predecessor had inioyed it without any molestation tell ye yeare 74 wee Answer as his predecessor did Soe may ye plantiffe travel at any time y^t way without Lett or disturbance, Therefore wee hope this honoured Court & Jury will see both reason & Law to give there verdict & Judgment soe, as the Defend^t shall not allwayes be constrained, to Travel through a fire of contention to inioy his iust Right.

John Harrison

To The Right: Honno^rbl Governo^r And Worpp^ll Maiestrates Setting on Bench: in the: Honn^oble Court of Assistence

The Humble Petion: of Ezekiell Fogg: A Disconnsolate Prisono^r Hummbly sheweth

That yo^r Peticion^r being Committed vppon Execution, whare hath Layne Alredy Eue^r Sence the 5^th of Feb^ry Last & Like heere to Continnew till releefe from England: w^ch will bee a Long tyme before Can Exspect Instructions from ou^r Compan. vppon whose acc^ott I am this Sufferer I haueing Advannce^d vpward^s of 2 or 300li: more then haue Effects of theires in my hands. & through M^r Giffards Fraudulent Dealeing in not paying what he ought but Consumeing ou^r Compan: stocke in his private Concearnes or at Least Combineing with ou^r Servan^ts at whose Suite I am heere. w^ch Seemes to be Euedent by Reason as hee is at Liburttie. & yett the princeple. that ought to a benn taken with this Execution and not I: besides no Longer Sence then Last night hee Came to mee in an vpbrayding mano^r Flinging the Sentence of y^e Court (for my Folly) in my teeth Contrarye to Law: after a Courts Sentence is Sattisfied butt with very reproachfull Languedg & Dreadfull Cursses did hee abuse mee: vppon my requesting of him to help mee to Fortye od shillings that I Lately Lent him in mony out of my Pockett w^ch would Now in my restraint a Done mee a kindnes: but instead thereof hee flew out in Such a radge Saying the Divell should: haue mee. & the Like, hasting out of my Chamber: with these Expressions that I should Lye heere & Rott Dubleing of it that I should Lye heere till Dice ware made of my boones before I should Com out. Implyeing thereby: my Abideing heere is of his Contryvience or Combinnation as before recited: by w^ch may See that the mercyes of men are Crueltie who at the worst Can but reach the body yet to be heere: Destitute of Publiqe ordennances: is preiuditiell: to the Soule: which I know yo^r Honno^rs in Contience are soe tende^r off that noe prisono^r (Desiereing) might be Depriued of those Gospell privell[e]dges; which God hath Appoynted in his Publiqe Worshipp: Therefore yo^r Petitieo^r Doth humbly Pray yo^r Honno^rs will please Soe to Consider the premmieses as Vouchsafe mee yo^r honno^rs Ordo^r, for the Libertie of Goeing to meeteing on Sabath & Lecto^r Dayse that I might Experience whilst men Curse God blesse & by Gods Blessing vndo^r Publique ordinances receue Soule Inlardgmen^t: whilst vndo^r Bodyly Restraint: And alsoe Sume tymmes would Craue the Libertie to See my Sicke Brothe^r who hath by y^e visseting hand of God Keept his bed & Chamber in this towne about this 6 mounths that Soe wee might: be a Little Comfortt to each other for he is vncapiable of visseting mee. Thus haueing Discharged my Contienc in appeareing not neclegent in y^e vse of meanes in what in me Lyeth: in this my adress to yo^r hono^rs in whose brest & powre it is I haueing to y^e Keeper alredy given no Les then 600li. Sofitient Securitie for my Faithfull Imprisonmen^t And shall Comend the Effect: & my Cause to the wise Disposuer of all things not yo^r honno^rs redines of Adheereing to Such a Christian act & Reasonable Request the Answareing of w^ch will Deepely obleig yo^r Honno^rs humble And Confind Petitieo^r as in Dutye bound ever to pray:

Boston Prison: Whilst I Am: Ezekiell Fogg

the. 2^d of: l^st m^o 7⁴/₅     1674

5 march 1674

In Ans^r to this peticion the Court Declares that when the peticione hath honestly pajd his Debts he may be at his liberty altogether

past E R S

To the Hono^ble the Gove^r And Maiestrates Now Setting in the honored Court of Assistance In Boston:

The remonstrans of John Giffard to the honorable Courte. Humblye sheweth:

That wheras yo^r honors haue beene presented with a petion from m^r Fogg wherein he makes many Scandilous Complai[nts] against me thereby to defame me both to this hono^rd Court and Countrye. As not desirous to be ouer troublesome to you^r honors in you^r more waitee affaires yet giue me leaue a little to remonstrate the truth in answer to his Scandilous and hollowharted petition. As to his furst relation y^t he giues of his Imprisonment. He may thanke himselfe haueing Convayde away Soe much of the Comp^a estate as he hath done, and Soe largely Spent vpon it. and hath Soe large and estate as he hath at New yorke betweene 5 and 6 hundred pounds, which can be prooved by oath from his owne mouth and hath still estate remaineing of y^e Comp^a in his hands which he hath made ouer to m^r Sands for his Securetye, he becomeing Securetye for m^r fogg to be a true prisoner as in his petition he demonstrates. Now he knowes that what estate was Committed to him from the Comp^a was to be improoved for the Carring on of the Comp^a affaires in the workes, which vpon my request and others that desired him to furnish the workemen but with 20 pound which would haue stopt these prosedeings. he answred he would not (noe if 5s would doe it, but he keepes me both out of my owne estate and Comp^a estate to make and estate to himselfe, lett what will be come of workes or workemen And where as he sayes he hath advanst vpwards of 2 or 300 pounds more then he hath efects it is noe Such thing, for it is well knowne to the Comp^a and my Selfe he neuer brought a farthing into Stock, what he hath Spent and liued vpon must be raysed out of our estates. And in Case he will haue that to be true the like must belong to me as well as him being partnors in neere 300 pound worth of goods Bough[t] out of England in ioynt ship betweene us that had noe relation to the Comp^a he keepes both this, and that which is of the Comp^a and trades with as he please and will not furnish me with any to helpe forward our business, though I lye at the [Stake] for what euer he can Claime in England which If I might intreat that favor of you^r honors to Consider of and to put me in Some way that I might force estate out of his hands to Carry our business and End with.

To what he Chargis me with fraudelensye in my dealings and Consumeing the Comp^a estate. I waye not his charge haueing the testimonye of owne Consience to the Contrarye that I haue and doe studdye the good of the Comp^a and were it that I had of my owne to make present Supply by turneing in to moneys the Comp^a Conserne should not want nor shall Soe long as I Can helpe it, it haueing layne vpon my shoulders now this 6 moneths time and more without any assistance from him but to those Chargis of his he may lay his hand vpon his mouth and looke back on himselfe and Consider how easy Such things wilbe prooved against him, he haueing Soe vainely and wickedly Spent that estate w^ch would haue Carryed our business and end with out any further trouble.

As for my abradeing of him with reproachfull language and dredfull Curses. I denye, and question not but you^r honors haue knowledge of him and Countrye both what a Iyer he hath made himselfe out to be. I haue beene heere in the Countrye I thanke God neere this 35 yeere I know not y^t any can Charge me either with Curseing or Swareing or that I euer was adicted there vnto but that it was euer hatefull to me, and through Gods helpe euer shall but that which layes this Scandall vpon me for, is, for what testimonye I haue borne against him, for his vitious Course, when he tooke a Cup of Sack in his hand and holding of it vp (as if he would Call heauen to record to showe his Cleereness and Innosensy in the last Sinfull business y^t was before yo^r honors, that I stopt his hand and bore wittniss against him, he then abraded me, to the Spectators that was present and no[w] he thus doth againe because he knowes w^t advise I gaue him to take heed of his actions in prison where he had a prissnor, that was reported to be m^r[^s] Gillum made in his Chamber in the darke, non but him and she alone for a great Space of time, which Can be testifyed by M^r Grice that went in to the Chamber, and what he sayd to m^r fogg after I was Come away, which indeed telling him of these things with out abradeing of him he fell abaseing of me with words, where vpon I told him that if this wa[s] all the thanks I had for my loue he should stay in prison long enough tell dice might be made of his bones before I would Come to See him.

Thus hopeing that his Slanderous tounge will not occasion you^r honors to looke vpon me with that Eye that m^r fogg would render me to be [     ]

You^r hono^rs humble Sarvant

John Giffard

March: 5^th 1674/5

Boston New-England Ann^o 1674

John Williams & Cap^t Thomas Frizell in consortship, to acco^t of Ezekiel Fogg & Comp^a are   D^r

Boston New-England. 1674.

Sworn in Court to bee a just & true acco^t both of debt & Credit, being compared with his Booke January. 26. 1675 @

as Attests Is^a Addington Cler.

Wee haue aduised our Freinds to supply any casuall want upon reasonable consideration, yo^r care over yo^r horsekeeper is desired, to take him into wages as hee may deserve after his present Service is ended, otherwise to dispose him into some of o^r Vessells, where hee may haue imploiment & passage home.

. . . true Coppie . . . Js^a Addington Cler

S. F. 1430.9

William Geerish Chirurgeon aged about twenty seven yeares Saith that hee lately belonging to the Ship Blessing James Elson Master in her Voyage to the Jndies hee never heard or understood that the s^d Elson either protested or gaue any warning or notice to m^r Bergier when the time limited by Charterparty expired: and the Depon^t testifieth that hee hath sundry times manifested to the s^d Elson his disatisfaction at the delay & loss of time in the west Jndies, and one time when m^r Bergier had been long absent & the Ships company had little to doe, the Depon^t moved the s^d Elson to send to m^r Bergier for orders or to know his intention & offered to goe himselfe to m^r Bergier if the m^r would hire him a horse (the way to traivail being very bad) but the s^d Elson answered that if the Ship lay there a twelue month hee would not hire a horse, and that other times hee hath heard the saide Elson Say that all was bound over to him for the paym^t of the Ships hire, and if hee could but receive enough to pay the hire hee did not care; and sometimes upon occasion & when the Employers wrong & loss hath been spoken of, hee hath heard him say hee was not concerned for the Jmployers, but the Owners interest or words to that purpose and the depon^t Saith that m^r Elson hath sundry times been spoken too to protest ag^t m^r Bergier, but his answer was hee had not power so to doe, and the Depon^t Saith that himselfe and others of the Ship’s company did looke upon the Master to remiss in quickning m^r Bergier to a dispatch: And further the Depon^t Saith that hee findes by his Journall that the Ship stay’d at S^t Christophers from the. 16^th till the. 26^th of June & there delivered out two or three parcells of Sugar, the number of caske the Depon’t knows not; and the Depon^t Saith that the s^d Elson hath disc^ted with the depon^t two Shillings for every liver hee rec^d for his wages in France & further Saith not

Thomas Wilkott Marriner aged about. 35. yeares testifieth that hee knowes the Substance of what is abouewritten and deposed to bee true, hee being Boatswayne of the s^d Ship and perticularly the Doctors offer to goe to m^r Bergier if m^r Elson would hire him a horse & the m^rs answer was in the words or to the same purpose that the Doctor hath deposed, onely the depon^t Saith hee remembers not the M^rs expression that hee was not concerned for the Jmployers, but hath heard difference between the m^r & Doctor upon acc^o of the Jmployers interest: And that theire Stay at Christofers & Disc^t for the depon^ts wages was as the testimony aboue declares.

Sworn in Court by both witnesses. January. 26^o: 1675

as Attests. Js^a Addington Cler

J James Elson Master under God of the Ship Blessing of Boston burthen two hundred tunns or thereabout being at ancor at present before S^t Christopher for & with the first convenient weather which God shall send to pursue the Voyage untill & before the Citty of Rochell where shalbee my direct unloading, do acknowledge to have received under the deck of sd Ship of you Clerbaut Bergier the goods following viz^t two hundred Forty hh^ds & twenty quarter casks of Muscovado Sugar which are going for the acco^ts & Riscos of m^r Wharton & Bendish Bertram Servant James Elson William Gerrish dwelling in Boston, which Merchandizes J promiss to deliver in Rochell unto m^r Debaussay, John Bailly and the s^d Cap^ne or unto his order Factors or Intermedler the danger of the Seas excepted of which God keepe us: For the fulfilling of what aboue J haue obliged by these pu^rsents my body goods & my s^d Ship Freight & apparrell in Showing mee one of those bill of loading, & the s^d Debaussay Bailly &^a shalbee bound to pay mee for my Freight of the s^d goods the Summe of ten deners per pound & shall cleare the company & other advarages & duties accustomed. Jn Witness whereof J Master abouementioned James Elson haue Signed of my hand three bills of loading . . . made in S^t Christopher the fifth day of the month of July. 1675.

Received the number of Casks the quantity & contents not known.

Per mee James Elson

. . . true Coppie . . . Js^a Addington Cler

To m^rs Devanpray Senio^r & m^r Bailly merchant Jn Rochell

. . . true Coppie . . . Edward Rawson Secret.

Boston the 17^th of December. 1675

The deposition of James Elson Master of the Ship Blessing aged about. 32 yeares testifieth & Saith

That according to the orders of m^r Richard Wharton & m^r Thomas Bendish to whome the Ship Blessing was let per Charterparty, J applied myselfe to m^r Mellot of Martineco, to whome J was ordered in the absence of m^r Bergier, & by virtue of s^d Mellots order J sailed s^d Ship to Guardeloop where find s^d m^r Bergier J attended his order & sailed the s^d Ship from Jsland to Jsland with him the s^d Bergier & by his order for the unloading & reloading the Ship & that no time was spent with s^d Ship in the west Jndies or on the Voyage but by s^d Bergiers order, to whome J was consigned with the Ship, who also was concerned ¼. part of s^d Ships Freightment as m^r Richard Wharton told mee here, before wee sailed hence: Also that assoon as the Ship was loaden in the west Jndies m^r Bergier gave mee his orders to Saile the Ship to Rochell & consigned the same to m^r John Bailly there, where after the delivery of the Ship J made up an acco^t with s^d Bailly for the Ships hire and demurrage & is now in Court who paide mee the full of saide demurrage for the persons concerned in France, and J urgeing for all according to s^d Acco^t so made up, hee refused for m^r Whartons & m^r Bendish’s parts for want of effects as appeares per the protest now in Court: And for my not protesting in the west Jndies as m^r Wharton urges J could not doe that hee having a liberty per the Charterparty, paying 55. livers per diem till his orders in the Jndies could dispatch the Ship, and for the dayes of demurrage & times of the Ships arrivall at the severall ports, is justly expressed in the acco^t made up with m^r Bailly which acco^t is now in Court under saide Bailly’s hand, and further that J am no waies concerned in this case but as Master of the Ship in behalfe of the owners: And further this deponent saith that hee received of m^r John Bailly for so much of the produce of the Cargo as hee carried from the west Indies to gether with the Freight that the Ship made to Rochell but twelue thousand five hundred eighty Six livers Seventeen Sous & four deneirs as m^r Bailly told mee it produced, & that the two thousand Six hundred [torn] eleven Livers eleuen Sous four deneirs hee advanced for the [torn] demurage of the Ship for the persons which lived in Fran[ce] & told mee hee would not advance anything for m^r Wharton [torn] Bendishs parts having no effects of theires in his hands & furth[er] saith not:

Deposed in Court the. 17^th Decemb^r 1675. the Master adding that hee was not concerned otherwise then m^r of s^d Ship.

Edw^d Rawson Secret.

. . . true Coppie . . . Edward Rawson Secret

Copia Vera . . . Js^a Addington Cler

S^r Jn Case y^w faile of Satisfaccion for y^e form^r Bills of Exchange if y^w Can procure an assignacion of M^r Duportand for y^e Bill of Loading Signed by M^r Elson & send over with M^r Bergiers assignacon now Sent y^w w^th good evidence wee shalbee able To recover y^e Goods of s^d Elson in regard he Delivered them not according to Bill of Loading

Fish hath all this Summer & autumne been 20^s at least 19^s it is now 15^s per Q^ll and about 3^d Charg in shipping.

R W

Generalité petit papier pour

[Coat of Arms]

de Poitiers un sol feuille

Aujourdhuy Neufiesme Apuril mil six cens soixante seize le Requeram le sieur Michel Boucher marcham de ceste ville y demeuram Rue du temple parroissede saimt Sauueur, Moy notaire Royal rezerué en la ville de la Rochelle soubzsigné me suis aueg luy transporté en la maison et domicille du sieur Jean bailly aussy marcham en ceste dite ville s[i]zé rue de saimt yon dite parroise de saimt Sauueur ou estam parlam a la personne dudit Sieur bailly, ledit sieur boucher a presenté et faict voir vne lettre dechange Escripte descripture et langue angloize dom la teneur sur la traduction quy en a esté faite de ladite escripture, en celle francoize suit, a boston januier 26. 1675 stile dangleterre, a vingt Jours de veue par cette nostre première dechange, nostre seconde et troisiesme nestam point payéé, Payez a mons^r michel Boucher ou ordre la somrne de deux mil Cem dix sept liures pour valleur Receue jcy Ne menques pas de faire bon payeman Et postez le mesme comme par aduis et compte de Vos seruiteurs John phillips, Richard Warton, a Costé a monsieur Jean bailly marcham a la rochelle, comme aussy a ledit Sieur boucher presenté audit sieur bailly la lettre dauis a luy escripte parles tireurs de la lettre dechange dom est question dattée de boston le 26. Januier 1675 Escripte aussy en langue Et Escripture Engloize laquelle ledit sieur Boucher apres auoir Icelle parraphee de son paraphe ordinaire Ne varietur la offerte delliurer et mettre es mains dudit Sieur bailly, Sommam. Icelluy djcelle prendre et [Rece]uoir, et de presenteman accepter ladite lettre [de]change sus dattéé et dom est question pour la payer dans son temps, Protestam ledit s^r boucher que faute de ladite acceptation Et payeman et du Conteneu en Icelle jl poursuiura en justice ledit Sieur bailly aux perils risques et fortunes desdits Phillips Et Warton en vertu de leur procuration Et pieces Justifficatifues quils luy om enuoyé a cest effet Et dom dutom jl donnera Coppie audit bailly, la traduction estam preallablemam faite, le torn Soubs les protestations expresses que fait ledit Sieur Boucher par ces presentes denestre veu A prouuer les remizes faittes par lesdits phillips Et Warton audit boucher en lettres dechange dom celle cydessus fait partye et de se pouruoir contre et sur les effets djceux phillips Et Warton pour ce quy luy est par eux deub, Et Encore tarn contreux que Contre ledit bailly pour raison de la susdite Lettre dechange susdattéé dechange Rechange frais des [pans] dommages et Interrests, mesme de prendre pareille somme de deux mil Cem Dixsept liures auchange Et generallemam de torn ce quil peut et doibt protester en Rencontre semblable et de ses droits contre les Vngs et les autres A quoy ledit sieur bailly a fait responce quil ne voulloit accepter ladite lettre [d]echange my paye le conteneu en [jcelle] pour nauoir aulcunes prouisions ny ne debuoir aulcune chose aux tireurs et que les protestations contre luy faites ne luy puisse nuire ny prejudicier, Et a seullemam pris et Accepté Ladite lettre dauis paraphée que dite est cydessus, duquel reffus dacceptation ledit sieur boucher a requis acte et de ce quil a persisté Es susdites Sommacions et protestation, ce quy luy a par moy esté octroyé Ensemble de ce que jay audit sieur bailly dellaissé coppié des presentes a la rochelle Le jour et an de lautre part presensts tesmoings Jean parier et anthoine billé clerg demeurams en ladite Rochelle Et a ledit bailly Refuze de signer quoy que requis de le faire. Signe en la [     ] des presentes M. boucher, J. parier, Billé et bourot no^re royal a Costé est escrit Co[     ] a la ro^ll le 10 apuril 1676 folio 205 du xix registre

Bourot

Notaire Royal

Wee Whose names are Vnder Written English Merchants Resident in Rochell do Certifie all Whome it May Conserne that the a Boue named Bourot is a Nottaire publique ordained by the king passeing all acctts of Iustis acording to Law as Wettnesses our hands in Rochell the 22^th Ieune 1676

Andrew Stirckey & C^o.

Andrew: Whitley

[Endorsed:]

Sommation le sieur Michel Boucher Au sr Jean Bailly 1676

Protest de la lettre de 2117^li sur monsieur Bailly

S. F. 2013.7

The testimony of John Howard aged about .30. yeares testifieth and Saith that hee this deponent drove Robert Sandfords horse with his own horses to Swanzey and the s^d Sandfords horse being the horse now in controversy, was a very Stought Serviceable horse and performed his Service better then any horse there; Also hee this deponent Saith that hee comming from a meadow with his own horses to the yard where this horse of s^d Sandford stood, severall of the Souldiers came to me and told me that the horse that came thither in that cart J came with is stabbed, J asked them who did it they told me it was Robert Orchard and they went to the bundle of pikes and brought me a halfe pike that was bloody at the end and bowed and said this was the pike that did it

Sworn in Court. January. 26: 1675. as attests Js^a Addington Cl^re

Copia vera attest^r Js^a Addington Cl^re

3^dly To y^e merit of y^e case as he calleth it I answere y^t whearas he saith it is suffitiantly proued y^t I Killed Sandfords horse and that without any just cause: Theare was neauor any euidence in Court y^t Sandfords horse is dead much Lesse y^t I Killedj hime for if it weare True as is affirmed: Yet Sandford had noe horse theare for what horses was theare was y^o Cuntryes and whearas hee saith y^t I would haue y^e contry to pay for y^e horse it is a great mistake for I doe not concearne my selfe w^th any such thing, but I sue for my owne money y^t was unjustly taken away from mee by Sandf[ord] as for y^e rest of his Allegations I answere thus it was that when y^e army removed from Swanzie to Naraganset y^t the counsell Left mee in charg[e] w^th y^e garison at Swanzie when Capt Huchinson returned w^th y^e Article[s] of peace from Naraganset after I had re[ceued] hime into y^e garison hee tould mee I must furnish hime w^th horsses and other nesesarys for Boston wheare vppon I comanded A file of musqueteeres to fetch mee vpp sume horsses which accordingly was done and they were tyed to A fenc among which were two Stone Horsses which were A fighting and bro[torn] there fast and Brock downe y^e fenc and came among our men and y^e Indians y^t satt Downe under y^e fence and whearas he sayth y^t I would insinuate by my swearing y^t I Killed y^e horse for my one defenc[e] and y^t defence of my men y^e Court may please to remember y^t they tou[l]d mee in open Court that if I could say that what I Did was for my nesesary Defence and Safety and preceruation of my men y^t it would bee sufficiant soe y^t I was called by y^e Court to testifie to y^e Truth of that pertiquelar therfore noe insinuation and this I could haue proued had I not beene under great Disadvantag when hee Arested mee just when I was goeing for England and had not Time to prouid to defend the case so y^t noe defence was made but had Robert Sandford beene honest in causing his euidences to sweare y^c whole Truth it would haue sufficiantly proued y^t what I did was in my own Defence and for y^e safty of my men but he got hi[s] euidences to y^e Beare Taverne and ther writt what would serue his own turns as they haue since informed mee and are redy to testifie if New Euidences might be admitted that y^e horse came open mouthed at me and forssed me to jumpe ouer a w[e]ll and had Like to haue pawed me under hime when I went to part them

Lastly — y^e Honoured Court and Gentlemen of y^o Iury may please to take notice of y^e eror of y^e first jury not only in that there was noe horse pro[ued] to bee dead but in ouer rating y^e supposed dead horse contrary to law w^ch saith noe horse shall bee rated aboue Thre pounds in y^e Cuntrys Seruice but they haue giuen hime seuen pounds for a horsse w^ch if euor was his it is unknowne to me but howeuor it was y^e Countrys horss w^ch none will gainsay or Question

and further if y^e Honoured Court and Gentlemen of y^e Iury will please to Consider and compare y^e Attachment and his euidences toget[her] I dare prusume they will finde it a Very strang Verdict and indeed there is noe two Euidences speaks one thing y^t is essentiall to his Case: Thus hopeing y^e honoured Courte and Gentlemen of y^e Iury will See Cause to confirme y^e Iudgment of y^e Last Court w^th other Due Dammages

I subscrib Yo^r Humble seruant

Robert Orchard]

[S. F. 1469.1

To the Marshall of the County of Suffolke or his Deputy

In his Ma^ties name you are Required to Levy by Execution upon the Estate or person of William Hukely of Newichewanick in mony the Summe of Forty pounds with two Shillings more for this Execution & deliver the same unto William Rawson; which is in Satisfaction of a Judgement the s^d Hukely confessed against himselfe and Estate for so much before the Hono^rd John Leverett Esq^r Gov^r and Edw^d Tyng Esq^r Assist. March. 27^o 1676. in Satisfaction of a bond on file, bearing date Sept^r 9^o 1675. & hereof you are to make Return according to law, and not to faile. Dated in Boston March. 28^o 1676. @

By the Court Js^a Addington Cler

The Return

J have extended this Execution upon the person of William Hukely, hee having no Estate to shew mee as hee saide, but was willing and J did commit him unto m^r William Rawson to bee at his dispose to Serve the debt out with him or any other that hee should dispose him to, this twenty eight day of March One thousand Six hundred & Seventy Six

per mee Joseph Webb Marshall

. . . true Coppie . . . Js^a Addington Cler