At a County Court held at Boston April: 25^o 1676 @

Magistrates present

John Leverett Esq^r Gov^r
Edw^d Tyng Esq^r
Simon Bradstreet Esq^r
W^m Stoughton Esq^r
Tho: Clarke Esq^r

Grandjury the same w^th the former Court

Jury of Tryalls Sworn

Edw^d Sale
W^m Bartholmew
Ebenezer Clap
Jn^o Scarlett
Sam^o Mills
Tho: Holman
Js^a Goose
James Fales
Tho: Marsh
Tim^o Stevens
Sam^o Paul
Rich^d Stubbs

[Frost v. Wayte]

John Frost plaint. ag^t Richard Wayte Marshall Defend^t in an action of the case for refuseing or neglecting the duty of his office for that the s^d Marshall hath not extended an Execution deliu^rd unto him about three yeares since upon the Estate or person of John Eyre of havaril for eighteen pounds mony to bee deliu^rd to the s^d Frost, or at least not deliu^rd any thing to the plaint. by virtue thereof nor returned the s^d Execution to the Officer that granted the same according to Law & his promiss also to the last County Court in Boston; whereby the plaint. is damnified at least twenty pounds in mony w^th other due damages according to attachm^t dat. april: 8^th 1676. . . . The Jury . . . found for the plaint. ten pounds damage & costs of Court being & declare the former judgem^t to stand good for the plaint. to renew his Execucion.

Execucion issued April. 27^o 1676.

Swift etc. ag^t Smith

Obadiah Swift Thomas Bird & John Clarke or either of them being Sons in Law to the late Majo^r Humphry Atherton dec^d plaint^s ag^t Richard Smith of Wickford in the County of New-London Defend^t in an action of the case for his the s^d Smith’s keeping possession of an Estate belonging to them & not paying theire respective dues according to promiss & engagement to them once & again as will [367] further appeare by a bill, bond or writing under his hand dat^d the .10. Augs^t. 74 & the order of the Hono^rd Court of Assistants at Hartford: May. 26. 74. to the great damage of the plaint^s these with all due damages according to attachm^t dat. March the .13. 1675/6. . . . The Jury . . . founde for the plaint^s Eighty pounds Fifteen Shillings four pence halfe penny in mony; which is twenty Six pounds eighteen Shillings five pence halfe penny per share & costs of Court. m^r Rich^d Wharton being Surety for the Defend^t & appearing to defend the case appealed from this judgem^t to the next Court of Assistants & himselfe principall in £.160. & Jn^o Wilkins & Nathanael Williams Sureties in Eighty pounds apeice acknowledged themselues respectiuely bound to . . . prosecute his appeale . . .

[Although the appeal was withdrawn (Records of Court of Assistants, i. 69), the following Reasons (S. F. 1467) explain the nature of this interesting case on the conflict of the laws of two jurisdictions:

Richard Wharton Surety for M^r Richard Smith his Reasons of Appeale from y^e Iudgem^t of y^e County Court In Aprill last In an action Commenced by Obadiah Swift Thomas Byrd & Iohn Clarke

1^st Because y^e then p^lts Sue as sons in law To Maj^r Humphrey Atherton & by vertue of y^t Relacion pretend a right To an Estate in y^e possession of y^e s^d Smith But doe not declare whether they married Maj^r Athertons daughter or Maj^r Atherton married their mother To make them Sons In law But supposeing y^e first w^ch is y^e most probable To give them interest yet y^t was not proved To y^e Iury or if i[t] had yet as Sons in law they cannot Sue exept in right of their wives whom they must prove Either heyres Ex^rs Adm^rs or assignes To Maj^r Atherton if they will recover any Estate belonging To him but noe such plea or proofe was presented att y^t Court

2^d They insist vpon a promise & ingagem^t & Referr To a Bill Bond or Writeing vnder hand dated y^e 10^th Aug^t 1674 w^ch writeing only Seems To suppose y^t y^e now Defend^ts might or ought to have some right share or interest in some Money agreed on for y^e purchase of Two Tracts of Land in y^e Narragansett Countrey w^ch parts or Shares M^r Smith oblidges to pay according to y^e Decision of y^e Collony of Conecticott But it did not appeare to y^e Court y^t any lands y^t belonged To Maj^r Atherton were Sold But it being granted there we[re] It appeared not what Tracts nor for w^t Summe of Money nor w^t y^e Defend^ts parts or share[s] were therein And (as none is) Soe if all this had been proved y^e Decission of y^e Collony of Conecticott is referd To in y^e obligacion according to w^ch M^r Smith promises payment Now M^r Smith being an inhabitant of y^t Collony y^e Estate in Controversy being in y^t Collony & his obligacion being To make paym^t according To y^e Decission of y^t Collony It is humbly Supposed y^t y^e now Defend^ts ought not to have brought any action ag^t M^r Smith in this Collony his person or Estate being alwayes in y^t Collony To respond greater Demands but if it be pretended y^e order from Conecticott referrs To y^e distribucion of y^e Court of y^e Massachusetts It is answered y^e order is directed To those in whose hands y^e Estate shall bee found w^ch y^e Defend^ts say is M^r Smith Therefore by vertue of y^t order they should have made their Demand & if hee had been dissob^t they might Iustly have Complained of his Contempt & have had Execucion for w^t they could make out to bee their right But Supposeing y^t M^r Smith should bee lyable To bee Sued heer yet y^t order referring To y^e distribucion of this Collony & nothing like a distribucion of this Collony appeareing To y^e Court onely a paper y^t mencons 13 Shares but to whom these Shares are To bee divided is not mencioned nor is their any act of y^e Authority of this Collony passed vpon s^d paper & Supposeing To y^e Children yet these persons being neither Children nor proveing themselves marryed to y^e Children Can have noe legall pretence To any share or Interest to anthing Mentioned in said Paper

Lastly Because y^e now defend^ts not looking Vpon y^e order of Conecticott as a Decission They by an order of theire owne Dated about ten weeks after y^t of Conectic[ott] order & Depute M^r Smith to detaine & keep in his hands there parts & shares till it is ordered by y^e Court of Conecticott Since w^ch order & deputacion from y^e Defend^ts To M^r Smith noe order from Conecticott hath been Tenderd to him But on y^e contrary certificate from y^e Governor & two assistants of y^t Collo[ny] y^t they apprehend it Reasonable y^t M^r Smith Detaine w^t money hee had in his han[ds] Till Maj^r Athertons Children should agree or y^e Court of Conecticott should order how y^e money should bee distributed & y^t a settlem^t thereof would bee made vpo[n] y^e Childrens applicacion To y^e s^d Court By all w^ch it is humbly hoped y^t to this hon^rd Court & Iury will appeare a multiplicacion of Errors att y^e County Court the least of w^ch may bee Sufficient to reverse y^e former Iudgement.

Rich^d [torn]

These Reasons were received August. 30^o 1676

per Js^a Addington Cler]

Byfeild ag^t Wright

Nathanael Byfeild plaint. ag^t William Wright junio^r Defend^t in an action of the case for not performeing his the s^d Wrights part of a bargain made w^th the s^d Byfeild for the Sale & deliu^ry of two thirds of the Catch called the Tryall to his great damage & all other due damages according to attachm^t Dat. February. 3^d 1675. . . . The Jury . . . founde for the Defend^t costs of Court being Four Shillings & Four pence.

Wilkins ag^t Ballatt

John Wilkins plaint. ag^t Samuel Ballatt Defend^t in an action of the case for not building & delivering to the s^d Wilkins a Sloope according to Covenant, whereby the saide Wilkins is damnified to the value of twenty pounds or thereabout according to attachm^t Dat. February. 14^o 1675. . . . The Jury . . . founde for the Defend^t costs of Court.

Cowell ag^t Pears

Joseph Cowell or his lawfull Attourny plaint. ag^t Samuel Pears Settworke Cooper Defend^t in an action of a debt of Seventy pounds lawfull mony of New-England due by bond bearing date the. 26^th day of Novemb^r 1674. as under the aboues^d Samuel Pears his hand & Seale may appeare, w^th all due damages according to attachm^t dat^d april: 15^th 1676. . . . [368] The Jury . . . founde for the plaint. the Forfiture of the bond Seventy pounds in mony & costs of Court. The Defendant moved for a Chancery, upon w^ch the bench chancered the bond to the condition of the obligation being thirty Five pounds in mony & costs of Court twenty Five Shillings four pence

Execucion issued April: 28^o 1676.

Phillips ag^t Smith

Eleazer Phillips plaint. ag^t John Smith of Lyn Defend^t in an action of debt of Six pounds in mony or thereabout due unto him the s^d Phillips for Four pounds in mony, a musket, Sword & belt, powder bagg, powder & bullets, which hee received from him the s^d Phillips about the month of October last, upon condition that hee would Serve him in the Service of the Country as a Soldier at Blackpoint; after the receipt of which hee never went forth, but absented himselfe from the s^d Service whereby the s^d Phillips is greatly damnified for want of his mony armes & ammunition & is also liable to bee impressed again w^th other due damages according to attachm^t Dat^d February. 8^th 1675. . . . The Jury . . . founde for the plaint. Four pounds in mony & his armes or Six pounds in mony & costs of Court being twenty Six Shillings.

Execucion issued may: 16. 1676.

Gibbs ag^t Shore

Benjamin Gibbs plaint. ag^t Samson Shore senio^r Defend^t in an action of debt for witholding Seventy pounds ten Shillings & ten pence due by bond bearing date the .21^o of May. 1675. W^th other due damages according to attachm^t dat^d April: 18^o 1676. . . . The Jury . . . founde for the plaint. the Forfiture of the bond being Seventy pounds ten Shillings & ten pence in mony & costs of Court. The Defend^t appeal^d from this judgem^t unto the next Court of Assistants & himselfe principall in £:140. Elisha Odlin & Samuel Hudson as Sureties in £:70. apeice bound themselues respectiuely in the Summes afores^d unto the Treasuro^r. . . on condicion the s^d Shore shall prosecute his appeale . . .

[Copy of attachment and return is in S. F 1437. For the appeal, see Records of Court of Assistants, i. 68.]

Hawkins ag^t Sheafe

Thomas Hawkins plaint. ag^t Sampson Sheafe Defend^t in an action of the case for better Security for performance of a promiss & engagement made by the s^d Sheafe to the s^d Hawkins before sufficient witness both before & after the s^d Hawkins Signed & Sealed a deed of Mortgage unto the saide Sheafe of his houseing & lands, the w^ch s^d promiss was [369] that the s^d Sheafe would take his just due & no more out of the pu^rmisses & return the rest to the s^d Tho: Hawkins with other due damages according to attachm^t Dat^d April. 7^th 1676. . . . The Jury . . . founde for the Defend^t costs of Court being three Shillings & ten pence.

[The beginning of this case may be found on p. 1, and the most recent developments on p. 564, above. See also below, p. 705.]

Adams ag^t Bennet

Samuel Adams plaint. ag^t John Bennet Defend^t in an action of the case for the Summe of One hundred pounds mony being the Forfiture of a bond for not paying the Summe of thirty Four pounds ten Shillings according to the award & determination of three men mutually chosen between them w^th all other just damages according to attachm^t dat^d 29^o I^st m^o 76. . . . The Jury . . . founde for the plaint. the Forfiture of the bond One hundred pounds mony & costs of Court The Defendant appeal^d from this judgem^t unto the next Court of Assistants & himselfe principall in £.200. & W^m Bartholmew & Experience Willis Sureties in £:100. apeice bound themselves respectiuely in the Summes aforesaide . . . on condition the s^d John Bennet should prosecute his appeale . . .

[Various papers of no great importance are in S. F. 1438; see Records of Court of Assistants, i. 69.]

W^ms ag^t Fogg etc.

John Williams plaint. ag^t Ezekiel Fogg & Comp^a Defend^ts in an action of reveiw of a judgem^t granted the s^d Fogg & comp^a to the value of nine pounds Seventeen Shillings & five pence in mony for ballance of Acco^t it being aboue ten pounds to the damage of the plaint. besides other damages; which judgment was granted the s^d Fogg & comp^a at a County Court held at Boston the. 25^th day of January. 1675. & all other due damages according to attachm^t dat^d March. 8^th 1675/6. . . . The Jury . . . founde for the plaint. nine pounds Seventeen Shillings five pence in mony & costs of Court. The Defendant appealed from this judgem^t unto the next Court of Assistants & himselfe principall in £.20: & Phillip Read & Tho: Cox Sureties in £.10. apeice bound themselues respectiuly in the Summes afores^d . . . on condicion the s^d Ezekll Fogg should prosecute his appeale . . . [370]

[A review of a case at the January session Cabove, pp. 656–61). Fogg appealed as follows (S. F. 1472.4):

Phillip Read and Thomas Cox as suretyes For Ezekiell Fogg theyr Resons of Appeale on the behalfe of the said Fogg & Company from the Judgment of the Honno^red County Court held in Boston the 25^th of Aprill Last past in which was Judgment granted to John Williams plajn^t Agaynst Ezekiell fogg & Company Defendants

Imp^rmis Wheras the said Ezekiell Fogg & Company had a Judgment granted for Nine pownds seuentene shillings & fiue penc by the honno^red County Court held in Boston the 25^th of January Last past agaynst the said williams for a Debt Due by book and possitiuely proued as may appear by the Records of the said Court and therfore the Apelant takes it as a great Agriuement to be Cast by the witnis of John Geffard & m^r Hudson Leueret at the next Court held in Aprill

2^dlly Wheras the two testimony of John Geffards & M^r Hudson Leueret are not any ways Circumstancl: as to ou^r former acction or to Reuoke the former Judgment for John Geffords testimony stands on ou^r behalfe in that he saith he herd Fogg say he had sould a parcell of goods to Frissill & williams which Justyfyes and Confirms ou^r former Judgment in Jann Cour^t

Thirdly Wheras John Gefford and M^r Leueret testyfyes of a bill giuen by the said John williams vnto the said fogg yet in theyr testymonyes they Doe not agre Neyther Doe they Sweare that y^t bill was giuen for the ballancing of that accompt sued for by the said fog Nor yet was the bill giuen for the Ballancin of all accompts as may appear by theyr Testymonyes and therfore we humbly Conceiue y^t the Judgmen[t] that Ezekiell Fogg Recouered in Jann: Court Agaynst williams Remayns Just and Right still

4^thly Wheras the two witnisses pretend they herd fogg say he had a bill: which is Nothing but a heresay & not possitiuely therfore not witnis suffissiently to Diuert the former acction besides the testimony of John Geffard Doth more Confirme the Justness of ou^r former acction for wheras he saves there was a bill but it would not answer fogs ends which argues the bill was not suffissient if any such bill weare

5^thly Wheras the said Geffards testimoni Doth appeare out of mear selfe ends & mallis because the said fogg had Recceued the said mony of Williams and he Could not get a part of it in pretenc y^t he had a Rite vnto it or els why should he offer to Discharg Williams for fower pownds

6^thly If any such bill had bin or Could be Legally proued the said williams had his way by Law to Recouer the same if on the payment of his Due Debt Recouered he Receued not a Discharg for the same wherfore by all these Resons we Humbly Conseue ou^r former acction gayned in January Court stands good

Phillip Read

Thomas Cox

These Reasons were received August: 30^th 1676.

per Is^a Addington Cler

To this Williams replied as follows (S. F. 1272.2):

Nath^ll Williams Attorney to John Williams his Ansuer to the Reasons of Appeale given in to this H^ond Court of Assistants, in the behalfe of & Suretyes for Ezekiell Fogg, by Philip Reed & Tho Cox &c

Inprimis. To the first Reason I answer, y^t the Testimonyes of M^r Hudson Leverett, & M^r Jn^o Giffard being duely Considered, the now Defend^t would have had greater Cause of aggreivent, if their Evidences soe positively proving a Bill, given by y^e Defend^t & Tho: Frizzell unto Fogg the now Plantiffe, & y^t Bill to be the ballance of Acc^ots betweene them; showld not reverse the Judg^t of the Hon^d County Court held in January Last past, then the Plantiffe hath of being aggreived for being Cast by the positive testimony of two substantiall Wittnesses whereas the Judg^t of the Court in January (as I humbly Conceive) was only grounded on Foggs Single Evidence to his owne Acc^ot not agreeing w^ch his Acc^ot given in & Sworne to before the worshipfull Simon Bradstreet Esq^r both by s^d Fogg & William Grice. as per ye s^d Acc^ot in Last article of the Same but one may appeare, For there it is said the Glasses were dd to Frizzell, & at that time the now Def^dt was at N. Yorke w^ch was allso after the Ballance was made up, & a Bill given for the Same. & In January Court the Def^dt was Visited w^th a fitt of Sicknesse, & Soe was inforced to reveiw his action to the next County Court in Aprill, not being able in January Court to be personally present to defend his Case —

2ly To the 2^d R: I answer that the Evidences of m^r Leverett & m^r Giffard are Every way Circumstanct to the former action for the revocation of the Judg^t of January Court For though Giffard Swares y^t Fogg sould a parsell of goods yet take all his Evidence, that the Bill given to Fogg was for the Ballance of Acc^ots it planely appearing y^t W^ms & [Frizzell] had given their Bill in Ballance they Could not be Sued upon Acc^ot w^ch Justifyes & Confirmes the Judg^t of January Court.

3^ly As to y^e 3^d Reason I referr it to the Consideration of this Hon^d Court & Jury how fair the testimonies of M^r Leve^rt & M^r Giffard doe agree: Giffard Swares y^t it was for the ballance of Acc^ots betweene them now; there was never any Acc^ot pretended to or Sued for by s^d Fogg; but that Acc^ot for the summ & Substance of it, w^ch was Sued upon in January Court & sworne to by s^d Fogg & Grice, as is alledged in my ansuer to his first reason; If there Ever was any other Acc^ot be^t the Plantiffe & Def^t. Let the plantiffe produ^ce the Same, else of necessity it must be for ballance of y^t Account

4ly I ansuer to y^e 4^th Reason y^t Whereas they Say that y^e witt[nesses] pretend they heard Fogg say &c: is as much as if they should have said that the wittnesses swore to pretensions: w^ch [is] an Odium Cast upon the wittnesses; whereas on the Contrary one of them positively Swares, that he had heard Fogg often say that he had taken a Bill under W^ms his hand for ballance of acco^ts between him & Frizzuell: & the other swares y^t Fogg shewed him the Bill: as per their Evidences may more fully appear. The Plantiffe (I conceive) will hardly finde any Evidence that will prove y^e Justnesse of soe fraudulent an action as that was in January Court, had Fogg produ^ced the Bill or Sued by y^e Bill he could have recovered of Williams but his proportion of the ballance they being not bound Jointly & Severally; & that was the Reason why Fogg tould Jeffords it would not ansuer his End to Sue by Bill but upon Acc^ot.

5. The Fifth Reason is only a Charging of m^r Geffard w^th swaring for Selfe Ends & mallice, w^ch Concernes s^d Giffard more then the Defd^t or the Case

6ly To the sixth I answer that such a Bill hath bin Legally proved to be in the hands of Fogg & detained by him, & would have bin sued upon had it bin sufficient to have reacht his Ends, therefore that being proved, Fogg had no cause of action to sue the Defd^t upon Acc^ot. a discharge from the Bill would not be any advantage to the Defd^t because another is Concerned Conjunctly w^th himselfe. Wherefore the Defd^t humbly Conceives & hopes that it will plainly appeare to this Hon^d Court & Jury, that the Reversion of the Judg[^t] of the Hon^d County Court held in January, graunted to y^e Defd^t att the next County Court in Aprill is good & Legall, & y^t this Hon^d Court & Jury will give ther Confermation of the same

Your Hono’rs humble Serv^t

Nath^ll Williams

The Court of Assistants (Records, i. 68) confirmed the former judgment. See also Fogg v. Leverett, p. 689, below.]

Way ag^t Williams

Liv^t Rich^d Way Attourny unto m^rs Elizabeth Freake Adm^t unto the Estate of m^r John Freake plaint. ag^t John Williams of Boston Boateman Defend^t in an action of the case for the earnings of a Boate w^ch the s^d W^ms hath imploied about Four yeares, the one halfe thereof belongs to the s^d Freake & what shall appeare to bee justly due upon the s^d Account which conceive may bee about thirty pounds in mony & all other due damages according to attachm^t dat^d April: 17^o 1676. . . . The Jury . . . founde for the plaint. that the s^d W^ms shall give in a just & true Acco^t of the earnings of the boate for so long time as hee hath imploied her within thirty dayes or pay to the plaint. twenty Four pounds in mony & costs of Court being thirty one Shilling & eight pence & so to have the boate.

Way ag^t Williams

Liv^t Rich^d Way Attourny unto m^rs Elizabeth Freake Adm^x unto the Estate of m^r John Freake dec^d plaint. ag^t John Williams of Boston Boateman Defend^t in an action of debt for witholding nineteen pounds eleven Shillings & ten pence as appeares by Note under his hand & Booke w^th forbearance & other due damages according to attachm^t dat^d April: 17^o 1676. . . . The Jury . . . founde for the plaint. due by note according to attachm^t Nineteen pounds eleven Shillings ten pence & costs of Court being twenty three Shillings & eight pence.

Trumbel ag^t Lynde

John Trumbel Junio^r plaint. ag^t Simon Lynde of Boston Merch^t Defend^t according to attachm^t dat^d February 19^o 1675. The plaint. withdrew his action.

Holmes etc. ag^t Butler

Samuel Holmes & Jsaac White or either of them plaint^s ag^t Steven Butler Defend^t in an action of the case for witholding of a debt of Fiveteen pounds ten Shillings due for worke done according to Covenant between them with interest & all other due damages according to attachm^t dat. 18. 2. 1676. . . . The Jury . . . founde for the plaint^s Fiveteen pounds ten Shillings mony according to bargain & costs of Court being thirty four Shillings & eight pence.

Execucion issued April: 28^o 1676. [371]

Tay ag^t Hawkins

John Tay plaint. ag^t William Hawkins Defend^t in an action of defamation for that Hanna Hawkins wife of the s^d William Hawkins hath defamed Elizabeth wife of the s^d John Tay in her name by reporting that the s^d Elizabeth Tay did steale a card of bonelace at a warehouse or words to that effect whereby they are greatly damnified & other due damages according to attachm^t dat^d March: 21^o 1675. . . . The Jury . . . found for the Defend^t costs of Court.

Cleare ag^t Paine

John Cleare junio^r plaint. ag^t Moses Paine Senio^r Defend^t in an action of the case for witholding of a legacie given to Elizabeth the now wife of the s^d Cleare per her GrandFather the late Rev^d m^r W^m Coleborn dec^d greatly to the damage of the s^d Cleare with all other due damages according to attachm^t Dat^d 19^o 2^mo 1676. . . . The Jury . . . founde for the Defend^t costs of Court.

Halgeson ag^t Paine

Jngeman Halgeson plaint. ag^t Moses Paine Senio^r Defend^t according to attachm^t dat. 19^o 2^mo 1676. The plaint. withdrew his accion.

Fogg ag^t Leverett

Ezekiel Fogg plaint. ag^t Hudson Leverett Defend^t in an action of defamation for slandering & defaming the name of the s^d Fogg, by wrongfully & unjustly chargeing him the saide Fogg to bee a traytor to the Country & that hee would clap the s^d Fogg a close prison^r with many other threatning words & Language to the great defamation of the s^d Fogg as will appeare by sufficient evidence & is in the valuation of credit & Forreign repute to the plaint^s damage Five hundred pounds as aboues^d w^th all other due damages according to attachm^t dat. April: 7^o 1676. . . . The Jury . . . founde for the Defend^t costs of Court being twelve Shillings & two pence.

Execucion issued May: 17^o 1676.

Rogers ag^t Rowste

Rich^d Rogers plaint. ag^t William Rowste goldSmith Defend^t in an action of debt of Four pounds in mony due to the s^d Rogers for two ounces & three quarters of bad gold sold & deliu^rd by the afores^d Rogers unto the aboues^d Rowste in & upon the .14^th day of this instant month of April; w^ch is to [372] the plaint^s damage Four pounds in mony w^th all other due damages according to attachm^t dat^d April. 15^th 1676. . . . The Jury . . . founde for the plaint. Fifty Shillings in mony according to Agreement & costs of Court being Eighteen Shillings ten pence.

Execucion issued April. 28^o 1676.

Clarke ag^t Hands

Thomas Clarke Esq^r plaint. ag^t the goods of John Hands Exec^r unto Marke Hands, now in the hands of m^r Thomas Brattle & Peter Bracket guardians unto the s^d Jn^o Hands Defend^t according to attachm^t dat^d 17^o 2^d 1676. The plaint. withdrew his accion.

Frankes ag^t Smith

John Frankes plaint. ag^t Rich^d Smith Defend^t in an accion of the case for his fraudulently dealing in the Sale of Margaret Cox to s^d Frankes in May last for to bee saide Franks his Serv^t when s^d Smith or his wife were very suspitious that Shee the s^d Margaret Cox was w^th childe by reason of having s^d Margarets breast searched in the time of her Service w^th s^d Smith & therefore s^d Smith could not thinke her fit for such imploiment as s^d Smith did sell her for so that the plaint. is damnified to the value of Fifteen pounds in mony or thereabouts besides the disgrace suffered in his house & Family & all other due damages according to attachm^t dat^d April: 18^th 1676. . . . The Jury . . . found for the Defend^t costs of Court, being Fourteen Shillings & Four pence.

Warren ag^t Skinner

Humphry Warren plaint. ag^t Edw^d Skinner Defend^t The plaint. withdrew his accion.

Smith ag^t Meares

John Smith Merchant plaint. ag^t James Meares Defend^t in an action of the case for witholding a debt of twenty Four pounds in mony due by bill bearing date the .29^th of 8^br 75. with all other due damages according to attachm^t Dat. Feb^ro 19^o 1675. . . . The Jury . . . founde for the plaint. according to bill twenty Four pounds mony & costs of Court being twenty nine Shillings Six pence. [373]

Hayden ag^t Select men of Milton

Ebenezer Hayden Living in Boston plaint. upon replevin ag^t the Select men of Milton Defend^ts. . . . The Jury . . . founde for the Defend^ts costs of Court, being nine Shillings & ten pence.

DISPAWS ag^t GIFFARD

Henry Dispaw Senio^r & Henry Dispaw junio^r or either of them plaint^s ag^t John Giffard Defend^t in an action of reveiw of a judgement granted against them or either of them at a County Court held at Boston (by adjournm^t of the Generall Court) Novemb^r 23^o 1675. . . . The Jury . . . founde for the Defend^t costs of Court being twenty Four Shillings & ten pence.

Execucion issued May. 1676.

[A copy is in S. F. 1576.]

Procter ag^t Glover

Samuel Procter plaint. ag^t John Glover Defend^t The plaint. withdrew his accion.

Briggs ag^t Giffard

Abraham Briggs plaint. ag^t John Giffard Defend^t in an action of debt of twenty one pounds or thereabouts due by Booke as may more fully appeare with all other due damages according to attachm^t dat. February. 22^o 1675. . . . The Jury . . . founde for the plaint. Nineteen pounds & seven pence the ballance of the Acc^o & costs of Court being twenty Six Shillings & two pence. The Defend^t appealed from this judgement unto the next Court of Assistants & himselfe principall in £40. & Hudson Leverett & Nathan^ll Williams Sureties in £.20. [a]peice acknowledged themselves respectiuely bound . . . on condition the sd. John Giffard should prosecute his appeale . . .

[Two bills of cost are in S. F. 1482.2, 3; the confirmation by the Court of Assistants is in its printed Records, i. 65–6. Gifford’s Reasons of Appeal (S. F. 1482.4) follow:

John Giffard his Grounds And Reasons of Appeale from the Countye Court of Boston in aprill last in that Action of m^r Abraham Brig[gs] pl^t and John Giffard Def^t to this honored Court of Assistance setting in Boston:

That whereas M^r Abraham Briggs Commenst his action in Law against the then def Giffard for twentye pou[nds] that he should haue delivered the Sayd Giffard. The Now pl^t Giffard apprehending that the iurye did not Soe fully vnderstand his plees then made gaue occasion for his appeale to this honored Court, viz

Imp^rs The law provideing that any debt due by bill assigned, shalbe as good a debt and Estate to the assigne as it was to the assigner. and lawful to be sued for and recovered as fully as the orriginall Creditor might haue done.

By which law the sayd Giffard apprehends himse[lf] cleared fr [torn] manded by [torn] Briggs. Because that the sayd Briggs desired, that for his pay the Sayd Giffard would assigne ouer vnto him a bill of sixteene pound reddy Cash and another bill of fortye foure pounds odd money, which the Sayd Giffard did the Sayd Briggs to retume the ouer plus, all which lyes at this instant of time in the hands of the Sayd Briggs and the sayd Giffard dissposest there of, wherefore Giffard apprehends himselfe vniustly molested by the sd Briggs when he hath abundantly more made ouer to him for his pay then hia debt comes vnto.

Secondly. That m^r Abraham Briggs haueing sued by vertue of my assignement that bill of Sixteene pounds. And in law hath recovered Twelue pounds odd moneyes. As by the iuryes verdit appeares. yet he in his account brought into Court omitts the giueing of Giffard his due Credit for it And may be Supposed to be an ouer sight of the iurye, in that they did not deduct it out of Briggs his account to lessen Giffards charge.

Thirdly. That for the bill assigned him of fortye foure pounds odd money. M^r Briggs had the prissnor vnder exsecution delivered him, as well as the bill assigned him whereby he might haue receaued full satisfaction (if he did not yet satisfaction was tendred him by the prissno^r as was testifyed by Thomas Matson prisson keeper in Court

fourthly. That at time the Debtor was vnder exsecution and m^r Briggs did take the sayd prissnor to be his proper estate of goods or Moneys and that to make satisfaction to him for the aforesayd Sum of fortye foure pounds odd moneys. And that Giffard had noe more any thing to doe with him or the debt. And there vpon Chargd the Sayd prisson keeper with him and had bond from the Say^d Matson to the vallue of one hundred pounds for his true keeping of him, which bond the Sayd m^r Abraham Briggs sued the Say^d Matson for. at the last County Court in Boston.

By all which aforesayd, the p[^lt] Giffard hopes that it will evidently appeare to this honored Court that as [from] Giffard [torn] Briggs is payd and ouer payd and that the account being [torn] [there is Money] Comeing to the Say^d Giffard from the Say^d Briggs.

John Giffard

August: 29^th. 76

These Reasons were received August. 31^th 1676.

per Js^a Addington Cler]

Smith ag^t Broomhall

Edward Smith for himselfe & his wife plaint. ag^t Ann Broomhall widdow Defend^t in an action of Slander to the value of One hundred pounds & all due damages according to attachm^t Dat. April: 3^d 1676. . . . [374] The Jury . . . founde for the Defend^t costs of Court being Five Shillings.

Stoughton ag^t Wells

William Stoughton Esq^r plaint. ag^t Thomas Wells Carpenter Defend^t for his not paying a yeare & halfes rent ending about the 23^d of January last due for a tenement in Boston hired of s^d Stoughton at the rate of Five pounds per annum in mony with all due damages according to attachm^t dat. Feb^r 12^o 1675. The Defend^t & his Surety James Pecker being both called made default in appearance; whereupon the Court declared theire bond forfit^d. . . . The Jury . . . founde for the plaint. Seven pounds ten Shillings mony according to engagement & costs of Court being twenty two Shillings & eight pence.

Execucion issued Octob^r 9^th 1676.

Tyng ag^t Cooke

Edward Tyng Esq^r Treasuro^r of the County of Suffolke plaint. ag^t Francis Cooke Defend^t by continuance from the Last County Court in Boston in an action of the case for the Forfiture of a bond of ten pounds in mony as hee was Surety for the appearance of Charles Blinco at the last County Court in Boston with all due damages according to attachm^t Dat. pr^o x^br 1675. . . . The Jury . . . founde for the plaint. the Forfiture of the bond ten pounds in mony & costs of Court.

Middlecott and English Fined 20^s

M^r Richard Middlecott & James English were Fined ten Shillings apiece in mony to the County for not attending to Serve on the Jury of tryalls according to Summons.

Duglen his guardian

James Duglen appeared in Court & made choise of his Father Allister Duglen to bee his guardian for a Legacy given him by his Uncle allin Duglen which hee accepted & the Court approved of hee giving Security according to Law.

Adams his Estate Setled

For the Setlement of the Estate of the Late Liv^t Henry Adams of Meadfeilde dec^d hee Leaving behinde him seven Children, the eldest Sonn named Eleazer appearing at the time hereof & renounceing any claime [375] to the Estate as having received his portion already, the debts due from the Estate being first paide The Court Orders the remainder to bee equally divided amongst the other Six Children; onely Elizabeth Harding one of his daughters to discount out of her part thereof what Shee hath already received from her Father.

vide. Childrens agreem^t of the division Record^d in the 12^th Booke of Records of Deeds p. 334.

Adams’s Guardiaⁿ

Samuel Adams Sonn of the late L^t Henry Adams of Meadfeilde dec^d appeared in Court & made choise of m^r Moses Paine of Boston to bee his Guardian which hee accepted & the Court approved of hee giving in bond according to Law.

Adams’s guardian

Henry Adams Sonn of the Late L^t Henry Adams appeared in Court & made choise of m^r Moses Paine of Boston to bee his Guardian which hee accepted & the Court approved of hee giving in bond according to Law.

Freemen Sworn

John Dyer of Weym^o Benjⁿ Dyer, Jonathan Jackson John Atwood & John Tucker all of Boston tooke the Oath of Freedom of this Colony.

Lakes discharge from traynings

Thomas Lake of Dorchester by reason of his age & Lowness in his Estate is freely discharged from attending upon ordinary traynings.

Weym^o Commission^rs

Cap^tn William Torrey, Deacon Thomas Dyer & L^t John Holbrooke are appointed Commission^rs to end small causes in the Town of Waymoth for the yeare ensuing.

The Grandjury brought in theire bill of presentments April: 25^o 1676. & were dischardged.

Order to Arthur Mason to pay £50. to the Deacons of the. 1^o church in Boston for Ephraim Popes wife.

Whereas Ephraim Pope of Boston hath for this many yeares omitted his duty in taking care of & making due provision for his wife; so that Shee had necessarily been exposed unto great wants if not to perishing, had not Shee been provided for by the Deacons of the first church in Boston (whereof Shee is a member) the s^d church having disbursed a considerable Summe of mony for her maintenan[c]e; and the s^d Ephraim Pope having now made Sale of his Estate in house & Land unto m^r Arthur Mason. The Court Orders the s^d Arthur Mason to pay Fifty pounds in mony in part of his s^d purchase unto the Deacons of the first church in Boston to bee by them improved for the maintenance of the s^d Popes wife, they to bee accountable for the same to the County Court when they shall call to them for the disposall thereof; and that James Everill & [376] Joseph Belknap who as Agents for the s^d Pope made Sale of the Land & manage his buisness do deliver up m^r Mason one of his bonds for the like value, or give him a sufficient discharge upon his paying the same.

Newcomb Sentenc^d

Andrew Newcomb being bound over to this Court & called for to answer for his wilfull or careless running upon a small boate (with his Shallop) wherein were severall worthy Gentlemen, & sincking the s^d Boate, thereby hazarding the Lives of the s^d persons & exposeing them to Losses, this done in the harbour of Boston on the 7^th of this instant April The Court having heard & considered what was alleaged & proved against him do Sentence the s^d Newcomb to pay Five pounds in mony as a fine to the County & ten pounds in mony to the persons that sustained Losses by his over running the boate & Fees of Court, standing committed untill this Sentence bee performed the s^d Andrew Newcomb appealed from the Sentence of this Court unto the next Court of Assistants & himselfe principall in Forty pounds mony & Francis Johnson & Tho: Dewer as Sureties in £.20. apeice mony bound themselves to . . . prosecute his appeale . . .

[On April 2, 1676, Daniel Gookin, the superintendent of praying Indians, and two magistrates were sent by the government to Long Island in Boston Harbor on a mission connected with the Indian converts interned there during King Philip’s War. Popular opinion then ran high against Gookin for befriending and protecting these wretched creatures. They took the “Apostle” Eliot in the boat with them. As he tells the story in the records of his church,

In o^r way thithe^r, a great boat of about 14 ton, meeting us, turned head upon us, (wheth^r willfully or by negligent:, God he knoweth) y^ei run the sterne of o^r boate w^r we 4 sat, under-water, o^r boats saile, or something tangled w^th the great boat, & by Gods mercy kept to it, my Cosin Jakob & cosin Perrie being forwarder in o^r boat quickly got up into the great boat, I so sunke y^t I drank in salt water twice, & could not help it. God assisted my two cosins to deliver us all, & help us up into the great boat we were not far fro’ the Castle, where we went ashore, dryed, & refreshed, & yⁿ went to the Hand performed o^r work, returned well home at night praised be the Lord, some thanked God, & some wished we had bene drowned. Soome after, one y^t wished we had bene drowned, was himselfe drowned about the same place w^r we w^r so wonderfully delivered. . . . (New England Historical & Genealogical Register, xxxiii. 297–8).

S. F. 1468

Andrew Neucombe his Reasons of Apeale from the Sentanc[e] of the Countie Court held in Boston Aprill the 25^th 1676

Jmp^rs Because the matter of fact of w^ch J am accused is not proued againste me the fact J am accused of is for willfully or Carelesl[y] Runinge vppon a small boat w^th my shallop &c; Jn Captains Gookins Testimony the words are wheather Carelesly or purposlie questioninge wheather it was; eather as well he might if it had bine aded or Accedentually it Could not haue bine denied but J doe Sollomly denie that J eather Carelesly or purposlie Runn vppon their boat & his nor the other Testimonies doth not affirme that J did, J did vse the beste meanes J could to shune their boat & when they Called to me J Jndevered to bare vpp but the tide tooke my boat vnder the quarter & hindred her from wareinge they say their small boat would not bare vpp, shee would not feele her helme. truly noe more would mine soe that it was a meer Accedentall & Causuall thinge w^ch if both parties had knowne eather others minds might by orderinge their Corses haue prevented, but as it was it was like two persons walkinge or meetinge one an other in a broad street & by indeueringe to shune one another runn againste each other as is very vsuall

2^ly Againe J humbly Conseaue that J am not Legallie Convicted of the breach of any law, (J craue the benifitt of the first law) and Consequently not Culpable of such fines as J am sentanced vnto and heer J would not be vnderstood to reflect vpon the honored Countie Court that sentanced me as if the sentance was vniust but this J must affirme that their was a misse representation of the Casse vnto them as if J ware eather Carelesse of mens Liues in generall or had some pretended mallis againste those Gentellmen in particuler w^ch J thanke god J cann safely afirme J not giltie of eather for the firste J cann say J tender the life of all men & would at all times doe what lieth in my power for the preservation theirof, & as conserninge those Gentlemen that was in the boat J doe Affurme that J knew them not till they ware one board me, 2^ly that J had nor haue not any euell will againste any one of them but did & doe loue & honour them accordinge as in dutie J am bound both respectinge their persons And places

3^ly had J Carlesly donn this thinge or willfully J did not nor is proued againste me, yet J haue Juste Cause to appeale because J apprehend the the damidge they sustained is ouer vallued The testimonies of the Gentlemen Relating to the prises of their things loste are noe Legall euedence in my Apprehention They sware in their owne Casse

They are aprisers of their one goods

By what is said J hope my Casse will be Rightly vnderstood by this Honored Court & Juery

That J neather willfully nor Carlesly runn a board them but a meer Accident

2^ly That J haue broke noe Law

3^ly That Jf J had broke any law yet the punishm^te is greater then the fact the goods ouer vallewed & Jlegaley vallewed by the owners

J Refere my Casse to the Honored Court and Jury in hops of a good Jshew and Rest

The Honoured Courts & Jurys humble Sarvant

Andrew Newcombe

These Reasons were received August: 31^o: 1676.

as attests Js^a Addington Cler

The Court of Assistants (i. 64) confirmed the former judgment with costs. At the April session, 1677, Newcomb sued James Wardell, his mate in the boat, for one third of the fine; see below, p. 800.]

Jay Sentenc^d

Thomas Jay being presented to this Court by the Grandjury for Lascivious carriages towards some young persons of the Female kinde The Court having heard & considered of what was alleaged & proved against him therein do Sentence him to pay twenty Shillings in mony as a fine to the County, to bee paide by thursday the. 11^th of this instant May, or that then hee stand upon a block or stoole in the market place in Boston with a paper upon his breast written in a Large character for Lascivious Carriages towards young women, & to pay charges of prosecution. & fees of Court Standing committ^d untill the Sentence bee performed.

Kingman Sentenc^d

Edward Kingman of Weymouth present^d to this Court by the Grandjury for drunkenness; which hee acknowledged; The Court Sentenc^d him to pay ten Shillings in mony as a fine to the County and Fees of Court standing committ^d untill this Sentence bee perform^d

Chelson Sentenc^d

Mary Chelson being imprisoned & called before the Court to answer for her committing of Fornication [377] & having a bastard Childe; which Shee owned in Court and charged Steven Jenkins of piscataqua to bee the Father of it. The Court Sentenced her to bee whip’t with Fifteen Stripes & to pay Fees of Court & prison standing committed untill this Sentence bee performed.

Gross Sentenc^d

Jsaac Gross being imprisoned & called before the Court to answer for his committing Fornication with Esther Nichols & other misdemeano^rs which hee acknowledged in Court: The Court Sentenced him to bee whip’t with twenty Stripes or to pay Five pounds in mony fine to the County & Fees of Court & prison standing committed untill this Sentence bee perform^d

Hemenway present^d

Ruth Hemenway present^d for exceeding her ranke in her apparrell etc. The presentment not being proved fell.

[Boston Licences]

M^r John Viall upon certificate from the Select men of Boston had his Licence renewed to keepe a house of publique entertainm^t to sell wine & beere by retaile for the yeare ensuing; who gave in bond with Sureties for his observance of the Laws respecting Jnn keepers & that hee should not sell Sider for more then two pence a quart.

Thomas Sexton upon like certificate had his Licence renewed to keepe a house of publique entertainm^t to Sell beere & Sider by retaile for the yeare ensuing, who gave in bond with Sureties for his observance & performance as aboues^d

Serj^t Sam^ll Norden upon like certificate had his Licence renewed to keepe a house of publique entertainm^t & to Sell beere & Sider by retaile for the yeare ensuing; who gave in bond w^th Sureties for his observance of the Laws respecting Jn keepers & that hee should not Sell Sider for more then two pence a quart.

Cap^t W^m Wright upon like certificate had his Licence renewed to keepe a house of publique entertainment, & to Sell wine beere & Sider by retaile for the yeare ensuing; who gave in bond with Sureties for his observance of the Laws respecting Jnkeepers & that hee should not sell Sider for more then two pence a quart.

Francis Hudson upon like certificate had his Licence renewed to keepe a house of publique entertainment & to Sell beere & Sider by retaile for the yeare ensuing, who gave in bond with Sureties for his observance of the Laws respecting Jnkeepers & that hee should not Sell Sider for more then two pence a quart.

Clement Gross upon like certificate had his Licence renewed to keepe a house of publique entertainment & to Sell beere & Sider. by retaile for the yeare ensuing, who gave in bond with Sureties for his observance of the Laws [378] respecting Jn keepers, & that hee should not sell Sider for more then two pence a quart.

William Norton upon like certificate had his Licence renewed to keepe a house of publique entertainment & to Sell beere & Sider. by retaile for the yeare ensuing, who gave in bond with Sureties for his observance of the Laws respecting Jnkeepers & that hee should not sell Sider for more then two pence a quart.

Benjamin Phippany upon like certificate had his Licence renewed to keepe a Cookes Shop & to sell beere & Sider by retaile for the yeare ensuing; who gave in bond w^th Sureties for his observance of the laws respecting Jnkeepers & that hee should not sell Sider for more then two pence a quart.

John Frankes upon like certificate had his Licence renewed to keepe a house of publique entertainm^t & to sell beere & Sider by retaile for the yeare ensuing, who gave in bond w^th Sureties for his observance of the Laws respecting Jnkeepers & that hee should not sell Sider for more then two pence a quart.

William Pollard upon like certificate had his Licence renewed to keepe a house of publique entertainment & to sell beere & Sider by retaile for the yeare ensuing; who gave in bond with Sureties for his observance of the laws respecting Jnkeepers, & that hee should not sell Sider for more then two pence a quart.

Nathanael Bishop upon like certificate had his Licence renewed to keepe a house of publique entertainment & to Sell beere & Sider by retaile for the yeare ensuing who gave in bond with Sureties for his observance of the Laws respecting Jnkeepers & that hee should not sell Sider for more then two pence a quart.

John Turner upon like certificate had his Licence renewed to keepe a house of publique entertainment & to Sell wine beere & Sider by retaile for the yeare ensuing, who gave in bond with Sureties for his observance of the laws respecting Jnkeepers & that hee should not sell Sider for more then two pence a quart.

Robert Cox upon like certificate had his Licence renewed to keepe a house of publique entertainment & to sell beere & Sider by retaile for the yeare ensuing, who gave in bond with Sureties for his observance of the laws respecting Jnkeepers & that hee should not sell Sider for more then two pence a quart.

Constance mattox upon like certificate had her licence renewed to keepe a Cookes Shop & to sell beere & Sider by retaile for the yeare ensuing & her husband Sam^ll mattox [379] gave in bond with Sureties for her observance of the laws respecting Jnkeepers & that Shee should not sell Sider for more then two pence a quart.

Rebecca Winsor upon certificate from the Select men of Boston had her Licence renewed to keepe a Cookes Shop & to sell beere & Sider by retaile for the yeare ensuing & gave in bond by Sureties for her observance of the Laws respecting Jnkeepers & that Shee should not sell Sider for more then two pence a quart.

William Kent upon like certificate had his Licence renewed to keepe a Cookes Shop & to sell wine beere & Sider by retaile for the yeare ensuing, who gave in bond with Sureties for his observance of the Laws respecting Jnkeepers & that hee should not sell Sider for more then two pence a quart.

John Keene upon like certificate had his Licence renewed to keepe a Cookes Shop & to sell wine beere & Sider by retaile for the yeare ensuing, who gave in bond with Sureties for his observance of the laws respecting Jnkeepers & that hee should not sell Sider for more then two pence a quart.

L^t John Smith of winnisimmet upon like Certificate had his licence renewed to keepe a house of publique entertainment & to sell wine beere & Sider by retaile for the yeare ensuing; who gave in bond w^th Sureties for his observance of the laws respecting Jnkeepers & that hee should not Sell Sider for more then two pence a quart.

Thomas Matson prison keeper upon like certificate had his licence renewed to sell beere by retaile in the prison for the yeare ensuing; who gave in bond w^th Sureties for his observance of the Laws respecting Jnkeepers.

Widdow Wardall upon like certificate had her licence renewed to keepe a house of publique entertainm^t & to sell beere & Sider by retaile for the yeare ensuing, and her Sonn Seth Perry gave in bond with Sureties for her observance of the Laws respecting Jnkeepers & that Shee should not sell Sider for more then two pence a quart. [380]

[Licences in other towns]

Elizabeth George, upon certificate from the Selectmen of Dorchester had her licence renewed to keepe a house of publique Entertainm^t & to Sell wine beere & Sider by retaile for the yeare ensuing; who gave in bond with Sureties for her observance of the Laws respecting Jnkeepers & that Shee should not sell Sider for more then two pence a quart.

Joshua Fisher upon certificate from the Select men of Dedham had his licence renewed to keepe a house of publique Entertainment & to sell wine beere & Sider by retaile for the yeare ensuing; who gave in bond with Sureties for his observance of the laws respecting Jnkeepers & that hee should not sell Sider for more then two pence a quart.

L^t Sam^ll Ruggles upon certificate from the Select men of Roxberry had his licence renewed to keepe a house of publique entertainm^t & to sell wine beere & Sider by retaile for the yeare ensuing; who gave in bond with Sureties for his observance of the laws respecting Jnkeepers & that hee should not sell Sider for more then two pence a quart.

Nathanael Beale upon certificate from the Select men of Hingham had his licence renewed to keepe a house of publique entertainm^t & to sell wine beere & Sider by retaile for the yeare ensuing who gave in bond with Surety for his observance of the laws respecting Jnkeepers & that hee should not Sell Sider for more then two pence a quart.

Nathan Bradley upon like certificate from the Select men of Dorchester had his licence renewed to retaile Sider for the yeare ensuing, who gave in bond with a Surety for his observance of the Laws & that hee should not sell Sider for more then two pence per quart. [381]

Benjamin Brisco upon his petition had licence granted him to retaile strong waters by small quantities for the yeare ensuing; who gave in bond with Sureties for his observance of the laws respecting retailers of strong waters & that hee should not sell any to the Jnhabitants of the Town to drinke it in his house.

William Tay upon his petition had licence granted him to distill & retaile strong waters by small quantities for the yeare ensuing; who gave in bond w^th Sureties for his observance of the laws respecting distilling & retailing of strong waters & that hee should not sell any to the Inhabitants of the Town to drinke it in his house.

m^r Samuel Brackenbury upon his petition had licence granted him to distill & retaile strong waters by small quantities for the yeare ensuing; who gave in bond w^th Sureties for his observance of the Laws respecting distilling & retailing of strong waters & that hee should not sell any to the Inhabitants of the Town to drinke it in his house

Ann puglice upon her request had her licence renewed to distil & retail strong waters by small quantities for the yeare ensuing; who gave in bond by Sureties that shee should observe the Laws respecting distillers and retailers of strong waters & that Shee should not sell any to the Inhabitants of the Town to drinke it in her house.

Thomas Smith upon his petition had his Licence renewed to distil & retaile strong waters by small quantities for the yeare ensuing; who gave in bond with Sureties for his observance of the Laws respecting distillers & retailers of strong waters & that hee should not sell any to the Inhabitants of the Town to drinke it in his house.

Joseph How upon his petition had his licence renewed to retaile strong waters by small quantities for the yeare ensuing; who gave in bond with Sureties for his observance of the laws respecting Retailers of strong waters & that hee should not sell any to the Inhabitants of the Town to drinke it in the house.

John Sweete upon his request had his licence renewed for the yeare ensuing to retaile strong waters by small quantities as formerly for the Supply of Fishermen and Seamen.

This Court dissolved pr^o May. 1676. [382]

Wing to Sheafe

John Wing personally appeared before the worpp^ll Iohn Pynchon & Edw^d Tyng Esq^rs Assist^s pr^o May. 1676. & confessed judgement against himselfe & Estate unto Sampson Sheafe or his lawfull Attourny for ninety pounds good & lawfull mony of New-England according to bond on file. dat^d February. 18^o 1675.@