At A County Court held at Boston July. 25o 1676
Present
- John Leverett Esqr Govr
- Tho: Clarke Esqr
- Samll Symonds Dept Govr
- William Stoughton Esqr
- Edward Tyng Esqr
- Joseph Dudley Esqr
Grandjury Sworn
- mr John Bowles
- Tho: Weld Senr
- Timo Dwight
- Bartho Cheevers
- Robert Badcock
- Daniel Pond
- Joseph How
- Alexa Mash
- Tho: Tolman
- John Bateman
- John Pratt
- Tho: Trott
- Theoph: Frary
- Joshua Beale
- John Plimpton
- Sam: Sendall
- Abram Jones
Jury of Tryalls Sworn
- Capt Jno Holbrooke
- Timo Hide
- Robt Fuller
- Jno Oliver
- Tho: Voss
- Jno Thurston Senr
- Timo Batt
- James Bracket
- Obadiah Swift
- Caleb lamb
- Joshua Lincoln
- Samuel Capen
[Purkis v. East]
George Purkis Tinman plaint. agt Thomas East Tinman Defendt in an action of the case for the Forfiture of an Obligation of thirty Four pounds Lawfull mony of New-England under his hand & Seale bearing date February. 18o 1675. by his not performing the condition there underwritten with all other due damages according to attachmt dat. May. 12th 1676. . . . The Jury . . . founde for the plaintife thirty Four pound the Forfiture of the bond & costs of Court The Magistrates on motion of the Defendt chancered this Forfiture unto Eighteen pounds Seven Shillings and three pence halfe penny in mony & costs of Court twenty three Shillings.
Execucion issued. July. 27o 1676.
[Hawkins v. Sheafe]
Thomas Hawkins plaint. agt Sampson Sheafe Defendt in an action of the case for witholding a debt of One hundred and Seventy pounds or thereabouts due by the sd Sheafes promise to the sd Hawkins, or that the saide Sheafe deliver to the sd Hawkins what mony hee hath already received more then was his just due upon the Mortgage, and those bills for the remainder of what shall hereafter bee due for the house or houses so sold being the remainder of what was due to the sd Sheafe of two houses & Lands mortgaged by the sd Hawkins to the sd Sheafe & mr Thomas Thacher Senior which the sd Sheafe promised should bee paide or delivered to the sd Hawkins when hee the sd Sheafe had received his just due that the Land was mortgaged for, the sd Sheafe having now received his just due or more as will more plainly appeare, being greatly to the damage of the plaintife with interest & all other due damages according to attachmt datd 7th July 1676. . . . The Jury . . . founde for the plaintife Seventy Four pounds Fourteen Shillings damage in mony & costs of Court being twenty two Shillings. [385] Charles Oughtred Attourny for the Defendt appealed from this Judgement unto the next Court of Assistants and himselfe principall in One hundred Forty Four pounds and mr Tho: Deane & Seth Perry Sureties in £.74. apeice bound themselves respectiuely . . . on condition the sd Charles Oughtred Attourny aforesd should prosecute his appeale . . .
[Another of the series of cases that begins on p. 1. This judgment was reversed by the Court of Assistants (Records, i. 689), and Hawkins seems to have abandoned his attempts to restore his ruined fortunes by litigation.]
Woodman agt Hutchinson
Jonathan Woodman plaint. agt Elisha Hutchinson Defendt This case was agreed by the partys in Court, being decided by mr Woodmans Oath.
Deane agt Gibbs
Thomas Deane plaint. agt Benjn Gibbs Defendt The plaint. withdrew his action.
Alden agt Clarke
John Alden plaint. agt Thomas Clarke Esqr Defendt in an action of the case upon reveiw of an action of the case that was commenced and tryed by the saide Clarke agt Alden the last County Court held in Boston in January. 75. whereby the plaintife is damnified to the value of Six thousand foote of boards or Eighteen pounds in Silver and all other due damages according to attachmt Dat. July. 20th 1676. . . . The Jury . . . founde for the Defendant costs of Court The plaint. appealed from this Judgement unto the next Court of Assistants and himselfe principall in Eighteen pounds and Ephraim Turner and James Hill Sureties in £.9. apeice bound themselves respectiuely in the Summes aforesaide . . . upon condition the sd John Alden should prosecute his appeale . . .
[See Clarke v. Alden, pp. 213–14, 660, and 685, above. The Court of Assistants confirmed this judgment (Records, i. 66). Later there was trouble about the costs: see Records of Courts of Assistants, i. 158, and S. F. 1471.6.]
Ruck &a agt. Wharton
John Ruck Richard Lord and John Blackleach or either of them plaints agt Richard Wharton Defendt The plaints were nonSuited in failure of process. [386]
Gorges agt Rootes
Ferdinando Gorges plaint. agt Thomas Rootes Defendant in an action of the case for refuseing to pay unto sd Ferdinando Gorges the principall & the produce of one caske of brandy and one barrell of apples sent by saide Thomas Rootes to Jamaica and consigned to himselfe wth all other due damages according to attachmt Datd 16th June. 1676. . . . The Jury . . . founde for the Defendant costs of Court allowd Eight Shillings six pence
Deane agt Gross
Thomas Deane plaint. agt Clement Gross Defendt The plaint. withdrew his action.
Hurrey agt Briggs
William Hurrey or his Lawfull Attourny plaint. agt Abraham Briggs Defendt in an action of the case for witholding a debt of Six pounds in mony as per agreement under the hand of the sd Briggs as may appeare due to the plaintife by Agreemt bearing date the. 6. of May. 1676. with due interest and all other due damages according to attachmt Datd June 16o 1676. . . . The Jury . . . founde for the plaintife Six pounds mony damage & costs of Court allowed by the Court, twenty two Shillings and four pence.
Execucion issued July. 29o 1676.
Wharton agst Turner
Richard Wharton plaint. agst John Turner Marrinr sometimes Master of a Catch, called the Bristoll Catch Defendt in an action of the case for that the sd Turner hath not according to the Obligation of his bill of Loading delivered sundry goods and two horses which hee received from Robert Tyrrell and the sd Wharton aboard his sd Catch at Boston in the month of Novembr 1670. the sd goods and horses being still witheld from them and theire order whereby the plaintiffe is damnified to the value of Seventy pounds Sterling or thereabouts, according to attachmt Dat. 11th July. 1676. . . . The Jury . . . founde for the plaintiffe damage thirty Seven pounds in mony & costs of Court allowed twenty Seven Shillings and Eight pence.
Execucion issued July. 29o 1676. [387]
Hudson agt Daniel
Capt William Hudson, plaint. agt John Daniel Deft in an action of the case for witholding a debt of twenty Five pounds one third part in mony one third part in beefe and porke and the other third part in corn, due for one yeares Rent of a Farme at a place called wading River, as will more plainly appeare by a lease under the hand and Seale of the sd Daniel, being greatly to the damage of the plaint. wth all other due damages according to attachmt Dat. July. 13o 1676. . . . The Jury . . . founde for the plaint. twelve pounds ten Shillings damage according to contract in Specie and costs of Court, allowed twenty Four Shillings & Eight pence.
Execucion issued Septr 13o 1676.
Hearsy agt Phillips
John Hearsy of Hingham plaint. agt Nicholas Phillips of Boston. Cooper Defendt in an action, of debt to the value of twenty Four pounds and Fifteen Shillings in mony due to the sd Hearsy for Rent of a house & ground in Boston as may appeare by one Lease bearing date the tenth day of February. 1673. under the hand & Seale of the sd Phillips with all due damages according to attachmt dat. July. 14th 1676. . . . The Jury . . . founde for the plaint. three pounds Seven Shillings four pence mony damage & costs of Court allowed thirty Shillings & ten pence
Elkin agt Hobart. &a
Nathanael Elkin or his Attourny plaint. agt Joshua Hobart Junior and Edward Cowell or either of them Defendta in an action of the case for witholding a debt of One hundred Forty and Four pounds currant mony of New-England due unto the plaint. upon the Forfiture of theire bond under theire hands and Seales dated in Boston the twenty Second day of Novembr 1675. as will more plainly appeare with all due damages according to attachmt datd July. 20th 1676. . . . The Jury . . . founde for the plaint. One hundred Forty four pounds mony Forfiture of the bond & costs of Court. The Court on request of the Defendt chancered this Forfiture to the Summe of Seventy three pounds Seven Shillings six pence in currant mony of New-England & costs of Court, allowed, thirty Eight Shillings [388] and Six pence halfe penny: Edward Cowell the Defendt (who onely appeared to answer the action) appealed from this Judgemt unto the next Court of Assistants & himselfe principall in One hundred Forty three pounds and Nathanael Reynolls and Thomas Harris Sureties in £-73- apeice acknowledged themselves respectiuely bound . . . on condition the sd Edward Cowell should prosecute his appeale . . .
[See Records of the Court of Assistants, i. 69.]
Forsteb agt Way
Miles Forster Attourny of John Corn plaint. agt Lt Richard Way Defendt The plaint. withdrew his action.
Armitage agt Savage
Joseph Armitage the Assigne of Henry Tucker and Samuel Bennett plaint. agt Major Thomas Savage Deft in an action or actions of debt of about Forty Five pounds of Henry Tuckers, and of about one hundred pounds of Samuel Bennets due by three Judgements of a Court held at Salem; which debts the sd Savage promised to pay, in that speciall Court wherein hee recovered the Jron workes, the sd Tucker and Bennett being two of the workemen, with forbearance from the yeare. 1656. according to attachmt datd 3d July. 1676. . . . The Jury . . . founde for the Defendt costs of Court.
Kingman agt Bridgeham
Thomas Kingman plaint. agt Joseph Bridgham Deft in an action of the case for witholding Eight pounds ten Shillings due for ten cords or thereabout of barke with other due damages according to attachmt dat. 6th July. 1676. . . . The Jury . . . founde for the plaintife Eight pounds Eleven Shillings damage & costs of Court.
Adams agt Lux
Alexander Adams plaint. agt John Lux Deft in an action of debt for Eight pounds due by bill & other due damages according to attachmt datd 7th July. 1676. . . . The Jury . . . founde for the plaint. Eight pounds mony according to bill & costs of Court Eighteen Shillings two pence.
Execucion issued July. 31o 1676. [389]
Rawson agt Glovers
William Rawson. plaint. agt mr John Glover mr Pelatiah Glover and mr Habakkuk Glover, or either of them. Defendts in an action of the case for refuseing to divide and set out to the sd Rawson his part of the Reversions and inheritance of Land at Dorchester, due unto him in right of Anne his wife who was daughter of mr Nathanael Glover decd Son of mr John Glover decd by whome the sd Reversions and inheritance was given unto four of his Sons and theire heires for ever, the sd mr Nathanael Glover being one of them with other due damages according to attachmt Datd July 20th 1676. . . . The Jury . . . founde for the Defendts costs of Court being twelve Shillings. The plaint. appealed from this Judgement unto the next Court of Assistants and himselfe principall in ten pounds and John Woodmansey and John Cox Sureties in Five pounds apeice, acknowledged themselves respectiuely bound in the Summes aforesd . . . on condition the sd William Rawson should prosecute his appeale . . .
[See above, pp. 426, 543, and Records of Court of Assistants, i. 65.]
Read agt Halsey
Obadiah Read assigne of Mary Kemble the widdow and Relict of Henry Kemble plaint. agt James Halsey Defendt in an action of debt for witholding one hundred Eight pounds five Shillings being the Forfiture of sd Halsey his bond to Henry Kemble with all due damages according to attachmt datd July. 8th 1676. . . . The Jury . . . founde for the plaintife breach of bond One hundred and thirty pounds mony with costs of Court: The Defendt moving for a chancery, pleading that part of the Summe was paide (which, the plaint. owned) and declaring that hee doubted not but the whole was by this time paide The Court referred the chancering thereof unto the next Court of this County. [390]
Breck: agt Emmons
John Breck plaint. agt Obadiah Emmons Defendt in an action of debt for the non payment of Seven pounds in mony due by bill with all other due damages according to attachmt datd June. 13th 1676. . . . The Jury . . . founde for the plaintife Seven pounds mony according to bill & costs of Court Eighteen Shillings.
Execucion issued augo 15. 1676.
Bennet agt Hathorn
Samuel Bennet plaintife agt John Hathorn Defendt The plaint. was non Suted upon non appearance.
Way agt Bicknel
Richard Way Attourny to mrs Elizabeth Freake administratrix to the Estate of her late husband mr John Freake decd plaint. agt John Bicknel Defendt in an action of the case for non payment of a debt of thirty four pounds five Shillings and nine pence due by booke and due interest with all other due damages according to attachmt Datd July. 11th 1676. . . . The Jury . . . founde for the plaint. nineteen pounds nine Shillings nine pence damage & costs of Court.
Smith agt Rose
Joseph Smith of Hampton plaint. agt Roger Rose Defendt in an action, of the case for not delivering of Six thousand foote of Merchantable pine boards to the sd Joseph Smith, or his order, at Boston. according to a writeing given under his hand at Exitor bearing date the 15th of april. 1676. by which the sd Joseph Smith is much damnified according to attachmt Datd July 8th 1676. . . . The Jury . . . founde for the Defendt costs of Court, allowed nine Shillings & nine pence the debt not being actionable in this Court.
Execucion issued 15th 7br 1676.
Briggs agt East
Abraham Briggs plaint. agt Thomas East Defendt in an action of debt of ten pounds thirteen Shillings due by bill from under his hand. dated the. 13th of March 1675. with all other due damages according to attachmt datd June. 10th 1676. . . . The Jury . . . found for the plaint. ten pounds thirteen Shillings mony damage & costs of Court, twenty Shillings, two pence.
Execucion issued augo 23. 1676. [391]
Briggs agt Hukeley
Abraham Briggs plaint. agt William Hukeley Defendt in an action. of debt for not giving him a true and just Accot of a parcell of goods delivered to him bound to piscataqua. as may more fully appeare with interest and all other due damages according to attachmt datd June the. 14o 1676. . . . The Jury . . . founde for the plaint. that the Defendt shall give to the plaintife a just and true Account of the goods received with the produce thereof in one month’s time or in defect thereof pay nineteen pounds Sixteen Shillings mony & costs of Court.
[See Hukeley to Rawson, above, p. 677, and Rawson v. Briggs, below, p. 713.]
East agt Lancaster
Thomas East plaintife agt William Lancaster Deft in an action. of the case for witholding of a parcell of goods to the value of three pounds in money as shall appeare by witness the sd Lancaster tendred part of the sd goods the. 14th of June. 1676. with all due damages according to attachmt datd July. 20th 1676. . . . The Jury found for the plaintife that the Defendt shall deliver up to the plaintife the goods Sued for within six dayes or in defect thereof pay three pounds in mony & costs of Court twenty two Shillings and ten pence.
Execucion issued Augo 4th 1676.
Long agt Cox
Zechariah Long or his lawfull Attourny plaint. agt Margaret Cox widdow Defendt in an action, of a debt of twenty Four pounds five Shillings and eight pence or thereabouts in mony due as by a bill under her hand bearing date the. 15th of April. 1675. may appeare with due interest and all other due damages according to attachmt datd July. 17th 1676. . . . The Jury . . . found for the plaint. twenty Four pound Five Shillings eight pence mony damage according to bill and costs of Court being thirty four Shillings Six pence.
Execucion issued July. 31o 1676.
Gillam &a agt Smith
Benjamin Gillam and Richard Sharp plaints agt Thomas Smith Senior Defendt in an action of trespass for intrenching upon and unjustly molesting them in the enjoiment and improvement of theire Land cutting down theire Fence whereby they are hindred from securing that [392] which they have planted upon theire sd land with other due damages according to attachmt datd July. 14th 1676. @ . . . The Jury . . . founde for the plaintiffs five Shillings damage and costs of Court, allowed Fifty one Shilling and ten pence.
Execucion issued augo 11. 1676.
Gibbs agt Perry
Benjamin Gibbs plaint. agt Seth Perry Defendt The plaint. was non Suted upon non appearance.
Belcher agt Webb &a
Joseph Belcher plaint. upon Replevin agt Christopher Webb and James Brackett Constables of Brantery Defts
This action was continued untill the next Court by ordr
Briggs agt Matson
Abraham Briggs plaint. agt Thomas Matson. prison keeper Def The plaint. was non Suted in failure of process
GIFFARD agt WILLETT
John Giffard plaint. agt Jacob Willett Defendt The plaint. was non Suted in failure of process
Rawson agt Briggs
William Rawson of Boston plaint. agt Abraham Briggs Defendt in an action of the case for that hee saide Briggs did trade with William Hukeley who was Servant to sd Rawson and they two differing hee the sd Briggs cast him into prison and there detaining his sd Servant for above five weekes space although hee was told hee was a Servant, which tends to the great damage of the plaintife with other due damages according to attachmt dated in Boston July. 20th 1676. . . . The Jury . . . found for the Defendt costs of Court allowed by the Court Seven Shillings The plaint. appealed from this Judgement unto the next Court of Assistants & himselfe principall in ten pounds and John Woodmansey & John Cox Sureties in £.5. apeice acknowledged themselves respectiuely bound . . . on condition the sd William Rawson should prosecute his appeale . . .
[For the preliminaries of this case, see Hukeley to Rawson at the January session (p. 677 above), and Briggs v. Hukeley at this same session. In S. F. 1469.10 is a deposition by Thomas Broughton, dated July 27, 1676, to the effect that he paid Hukeley 13l for his services from 4 July, 1671, to 1 March, 1672.
In the following Reasons of Appeal (S. F. 1469.7) there are several references to the printed Laws and Liberties (1672 ed.); there is also one of the few instances that we have observed in this volume of a reference to a previous judicial decision by a Massachusetts court; see above, p. 365.
William Rawsons Reasons of Appeall from ye Judgment of the last County Court held in Boston July. 25. 1676. in ye action between himself as Plaintiff and Abraham Briggs Defendent.
1st The appellant humbly conceives he is wronged by the Defendent takeing away his right under Colour of law contrary to yt [Clause] of the law, page 1st which saith no mans goods or estate shall be taken away under Colour of law, the Appellant haveing already proved in ye former Court that William Hukely was his servant by an execution legally extended upon his person by vertue of a Judgment acknowledged by ye sd Hukely for forty pounds in mony, and thereupon he ye sd Hukely voluntarily & freely surrendred himself to serve out ye Debt wth ye Appellant, which being Done ye Appellant humbly conceives that ye sd Abraham Briggs by no law established amongst us could imprison & detaine his servants from him wthout satisfaction, nor could ye Jury give such a verdict before his execution were satisfyed to take him out of his hands being contrary to law & practise amongst us, as in Majr Savage’s Case and although Spencer’s Creditrs sued & sued, but never recovered judgment against him so as to disturb ye said Majr Savages right of Possession. Therefore I appealled
2 Because this verdict of ye Jury deprives ye Appellant of ye benefit of ye law Page 194. title Masters, Servants &c. and instead thereof and contrary thereto gives his servant liberty to trade for himself & others no way takeing notice of the penalty mentioned in yt law.
3. Because ye Jury by their verdict have Contrary to those two laws title Arrests Page. 6th sect. 1st & that of Direction to Marshalls & other officers about executions Page 20th of ye new laws.5 the first Declareing that the Debtr shall satisfy his Debt by service if ye Creditr, require it who may sell him if he please; and if so then J humbly conceive legally my estate, and how ye Jury overshot themselves in giveing such verdict by vertue whereof ye Appellant is deprived of his servant for five weekes before ye Court, and hath been ever since yt Court, and that before his Debt is Satisfyed by service as yt law directs J cannot understand
and secondly that law title Direction to Marshalls & other officers which sayth in so many words that lands & houses taken on execution, and delivered to ye person, or persons and duely recorded (and so was that Hukely by the Officer, and himself given to the Appellant to serve out his debt which hee hath not half Done) shall bee a legall assurance, the same reason holds good in one as well as another, and ye law declares it to bee goods as to persons as estates and so was this in all respects done. And yet to be deprived, and instead of enjoying his own be found against him and pay costs he accounts to hard, and therefore he appealed not doubting of the Justice of ye Court, and his just relief and reversion of the former Judgment he leaves himself & cause to ye Righteous Judgment of this Court
William Rawson
These Reasons were received August. 31o 1676.
per Jsa Addington Cler]
Heywood to Brattle
John Heywood of Concord Taylor personally appeared in Court July. 25o 1676. and confessed Judgement agt himselfe unto Capta Thomas Brattle of Boston for thirty one pounds Six Shillings five pence to bee paide in good Merchantable provisions to currant price or otherwaies to content.
as attests. Jsa Addington Cler [393]
Pratt &a to Elliston
Timothy Pratt and Josiah Cooper personally appeared in Court and confessed Judgement agt themselves and Estates jointly and severally for Four pounds in mony unto George Elliston according to bill on file. datd July. 27o 1676.
as attests. Jsa Addington Cler
Execution issued 3d Septembr 1677.
Makston to Gibbs
Ephraim Marston of Salem personally appeared in Court and confessed Judgement agt himselfe and Estate unto Benjamin Gibbs of Boston for ten pounds ten Shillings in currand money of New-England according to bill on file, dated. 21o Xbr 1675.
as attests. Jss Addington Cler
Execucion issued. 9br 15o 1676.
Committee about Bromby’s Estate
mr Anthony Checkley and William Coleman are authorized and impoured as a Committee to receive the claimes of the Creditors to the Estate of Francis Brombey decd to audit and pass theire accounts and to proportion the Estate among them according as it will beare and that mr David Edwards Administrater to sd Estate with the advice of the sd Committee do appoint a time for the Creditors to come in and give speedy notice thereof unto them and to make Return of what they do therein to the Court of this County.
Pratts Guardians
William Pratt Son of Thomas Pratt late of Weymouth decd appeared in Court and made choise of Capta John Holbrooke and John Bicknel of weymouth to bee his Guardians; which they accepted and the Court approved of.
Thomas Pratt Son of the sd Tho: Pratt made choise of his uncle John Pratt to bee his guardian (his Father having bestowed him on him in his life time) which hee accepted and the Court approved of.
Abigail Pratt daughter of the abouesd Tho: Pratt made choise of Tho: White of Weymouth. to bee her guardian which, the Court approved of; hee accepting thereof
Committee for Setting of Pratts Estate
The Court orders and impowres Capta William Torrey, Deacon Thomas Dyer and Serjt John Baily to bee a Committee for the Setling and proportioning of the Estate of Thomas Pratt of Weymouth decd unto the Children of the sd Pratt, having first deducted such Summe out of the Estate as the Admr hath covenanted to pay unto Lidia Relict of sd Pratt in right of her Dowre; having respect in theire division to his eldest Childe as being most unable to provide for her Selfe; [394] and to make return of what they do herein unto the next Court of this County for confirmation.
mr Davie added to the Committee about Temples Estate.
mr Humphry Davie, is added to the Committee appointed by the Court about Sr Tho: Temples Estate in the roome of Capta William Davis decd
Freeman Sworn
Joshua Lincoln of Hingham tooke the Oath of Freedom of this Colony.
Hord presented
Joseph Hord Junior presented for idleness in his calling The presentment not being proved fell.
Stretton Sentenced
William Stretton being bound over to this Court to answer for his breaking open. Major Thomas Clarkes warehouse in the night and Stealing thence one dozn of woosted Stockins valued at three pounds and one Jvory hafted knife one Shilling; which hee confessed in Court: The Court having duely weighed and considered the case do sentence the sd Stretton to pay unto Major Tho. Clarke Six pounds two Shillings in mony being treble damages according to Law the goods stoln being returned again and to pay Fees of Court standing committed untill this Sentence bee performed.
mr Deane added to the Committee about Major Clarke and Hans buisness.
mr Thomas Deane is appointed to Supply the place of mr John Wensley in the Committee referring to the buisness between major Tho: Clarke & Capta Tho: Brattle & mr Peter Bracket guardians unto John Hans Execr unto his Father Marke Hans decd to which Committee is also referred the difference about Five butts of Sugar by consent of the parties.
Committee about mr Bendalls Estate
mr Thomas Deane, mr Paul Dudley and mr Richard Middlecott are authorized and impoured to bee a Committee for the receiving of the claimes of the Creditors to the Estate of the late mr FreeGrace Bendall decd to audit & pass theire accompts making return of what they do herein to the Court of this County: The Creditors who are in this Country to bring in theire claimes by the next Court of this County the Creditors in England or elsewhere to bring in theire claimes within twelve months next insuing, the Committee to appoint time and place of meeting for receiving of the sd claimes.
Davenport Recordr
mr John Davenport is authorized & impoured to bee Recordr for the County of Suffolke; and the Records are to bee delivered up unto him.
Bennet Sentenced
Mary Bennet having formerly charged her Selfe with Stealing sundry goods from her late Master Henry Thomson, the greatest part of which confession Shee retracted [395] in Court, onely some small things Shee owned Shee had Stol’n The Court having duely considered thereof do Sentence the sd Mary Bennet to bee whip’t with Fifteen Stripes and to pay unto mr Henry Thompson thirty Shillings in mony damage and to pay Fees of Court and prison standing committed untill the Sentence bee performed.
Freeman Sentenced
Mary Freeman convictd by her own confession in Court of stealing sundry goods from mr James Whetcomb valued at three pounds and Six pence The Court Sentenced her to pay unto mr Whetcomb treble damages according to Law Standing committed untill the Sentence bee performed.
Parkes admonish’t
Mary Parkes being bound over to this Court for Selling ale without Licence and taking three pence per quart for it The complaint not being fully proved The Court admonish’t her, ordered her to pay Fees of Court & so discharged her.
Wells & Oday Sentenced
Thomas Wells and Martha Oday being imprisoned till this Court to answer for theire committing Fornication and having a bastard Childe; which they confessed in Court: The Court Sentenced the sd Thomas to bee whip’t with thirty Stripes and sd Martha with twenty Stripes & to pay Fees of Court & prison standing committed untill this Sentence bee performed.
Boulter Sentenced
Rowland Boulter being charged with committing Fornication with Rebecca Cotton, by whome shee saith Shee hath had a Childe, and made Oath thereof in Court: The midwife also & some others who were with her in the time of her travail making Oath that Shee did constantly affirme the same in all her extremity: The Court Sentencd him to pay the charges of sd Rebecca her lying in, nurseing of the Childe born by her whils’t it Lived & the charges of its buriall being. £4:12:0. & to pay Fees of Court standing committed &a
Cotton Sentenced
Rebecca Cotton convictd by her own confession in Court of committing Fornication with Rowland Boulter by whome Shee had a bastard Childe: The Court Sentenced her to bee whip’t with twenty Stripes & to pay Fees of Court standing committed untill the Sentence bee performed.
Hord discharged
Joseph Hord being presented for Idleness & neglect of his calling: The presentment not being proved fell.
Farnum’s discharge from traynings &a
John Farnum Miller & his Sonn upon his petition are discharged from attending upon ordinary traynings watchings or wardings.
The Court adjourned from Friday. 28o July unto Thursday. 3d of august following at nine a clock in the morning. [396]
August. 3d 1676. @
The Court met according to adjournment.
Present
- Jno Leverett Esqr Gor
- Wm Stoughton Esqr
- Edwd Tyng Esqr
- Thomas Clarke Esqr
- Joseph Dudley Esqr
Davis Fined. 2l
Samuel Davis junior convictd in Court by his own confession of stealing a peice of plate from mr John Keen valued at Fifty Shillings The Court Sentenced him to bee whip’t with ten Stripes or to pay Forty Shillings in mony as a fine to the County & to pay unto mr Keen 3ble damages according to Law & Fees of Court & prison standing committed untill this Sentence bee performed.
Atherton ordered to Return to his wife.
Jonathan Atherton presented for living from his wife contrary to Law; hee owned in Court that hee had been long from his wife, but his buisness was not yet done and so hee could not goe home: The Court ordered him to return unto England unto his wife by the next Court of this County under the penalty expressed by Law.
Wales Sentenced
Timothy Wales convictd in Court by his own confession of Stealing a lock of a gun from Experience Willis valued at five Shillings; and also being charged by sd Willis for Stealing from him two Rasors & a case valued at five Shillings; which hee made Oath hee had lost. The Court Sentenced him to bee whip’t with ten Stripes or to pay Forty Shillings in mony fine to the County & to pay unto Experience Willis twenty five Shillings in mony being .3ble damages according to Law, the Lock being returned again and to pay Fees of Court standing committed untill this Sentence bee performed.
Order concerning Turners prison charges.
The Court Orders that the Town of Portsmouth do Satisfy Thomas Matson prison keeper of Boston for his charges in keeping Phillip Turner for the time hee hath already had him in his custody, and that they take care for the future to Satisfy his prison charges, or else that hee bee returned unto Portsmouth from whence hee came.
Boson Jndian Sentencd
Tom Boson Jndian accused for breaking open Major Clarkes Warehouse and abuseing of the watch; the abuse given to the watch being fully proved against him: The Court Sentenced him to bee severely whip’t with thirty Stripes to pay charges of prosecution Fees of Court & prison standing committed untill this Sentence bee performed.
Pegge Fined 5l
Rose Pegge convict by her own confession in Court for Selling ale without licence: The Court Sentenced her to pay Five pound in mony according to Law and Fees of Court standing committed untill the Sentence bee performed [397]
Messenger discharged from traynings &a
Henry Messenger Senior by reason of many infirmities of body and great charge in his Family is freely discharged from attending on ordinary traynings & watchings.
Lowle admonish’t
John Lowle presented for neglect of his calling, a common frequenter of ale houses & excessive tipling contrary to Law which hee confessed in Court, expressing his sorrow for the same & promiseing to reforme: The Court Sentenced him to bee admonished & to pay Fees of Court.
Dinelys discharge as Admr
Hanna Dinely presenting to this Court a Supplement to the Jnventory of the Estate of her late husband Fathergone Dinely decd with an accot of her administration upon the sd Estate and moving for a plene administravit The Court accepted of the Accot & granted the Administratrix a quietus est.
Thomas admitted upon good behavior
Upon the petition of Alice Thomas unto the Generall Court for a readmission to bee an Jnhabitant of Boston being referred by the Generall Court to the Court of this County for an answer: This Court were pleased to readmit her, during her good behavior
This Court dissolved Augo 3d 1676. @
Clay to Hobbey
Thomas Clay formerly of Cape bonne waggon Fisherman personally appeared before Simon Bradstreet Esqr & Joseph Dudley Esqr Assists & confessed judgemt agt himselfe & Estate unto William Hobbey for Ninety Five pound Six Shillings & ten pence to bee paid in Merchantable Fish refuse Fish or Oyl at price currant according to bond on file, dated. 8br 4th 1676. this done October. 6th 1676. @
as attests. Jsa Addington Cler
Execucion issued October. 7th 1676.
Brotughton to Allin
mr Thomas Broughton personally appeared before the Worppll Samuel Symonds Esqr Dept Govr & Daniel Denison Esqr Assist. October. 18th 1676. & confessed judgement against himselfe & Estate unto John Allin of Salisbury Admr to the Estate of Jedediah Andrews late of the same place decd for Eight pounds in currant pay valued by indifferent men, in full of all Accots & demands.
as attests. Jsa Addington Cler [398]
Pride to Clarke &a
John Pride late of Cape bonnewaggon personally appeared before the Worppll Samuel Symonds Esqr Dept Govt & Simon Bradstreet Esqr Assist. October. 19th 1676. & confessed judgemt agt himselfe & Estate unto Major Tho: Clarke & Captn Tho: Lake for Fifty Five pounds Seven Shillings six pence to bee paid at Boston Salem or Marblehead in Merchantable Fish Refuse Fish & oyl at price currant according to bill on file. datd 18th October. 1676. & declared at the same time that hee Surrendred his Estate & his person as a Servant unto the sd Clarke & Lake untill the debt were fully Satisfied.
as attests. Jsa Addington Cler
Execucion issued Octobr 20th 1676.
Wesgate to Tyng
Adam Wesgate personally appeared before Wm Hathorn & John Pynchon Esqrs Assists October. 28th 1676. and confessed judgemt against himselfe & Estate unto Edwd Tyng Esqr for ten pounds Fifteen Shillings & four pence in mony, being for so much remaining due upon a bond bearing date. Novembr 24th 1674. @
as attests. Jsa Addington Cler
Execucion issued Octobr 27o 1677.
Williams to Brading
Richard Williams formerly of Marblehead Fisherman personally appeared before Edwd Tyng Esqr & Joseph Dudley Esqr assists October. 30th 1676. & confessed judgemt agt himselfe & Estate unto James Brading of Boston for One hundred Sixty Seven pounds Seventeen Shillings & Six pence in full ballance of all accompts to bee paid in Merchantable Fish & refuse Fish at price currant.
as attests. Jsa Addington Cler
Execucion issued 31o 8br 1676. @ [399]