[Walley v. Sybery]

John Walley plaint. ag^t Jonathan Sybery of or late of Wye River in Maryland Def^t in an action of the case for the non payment of nine thousand three hundred & Fifty two pounds Tobacco due by bill with all other due damages according to attachm^t dat^d July. 12^th 1676. . . . The Jury . . . found for the plaint. Forty Six pounds nineteen Shillings four pence mony & costs of Court allowed twenty Six Shillings & eight pence This action was tryed at last July Court but judgem^t not published nor being entred untill this Court according to Law was now published. pr^o Novemb^r 1676.

Execucion issued Novemb^r 2^d 1676.

[Deane v. Perry]

Thomas Deane of Boston Merchant plaint. ag^t Seth Perry Def^t in an action of debt upon account to the summe of twenty Seven pounds five Shillings & four pence in mony being the ballance thereof with all due damages according to attachm^t dat^d October. 23^th 1676. . . . The Jury . . . found for the plaint. twenty Seven pounds five Shillings & four pence in mony & costs of Court allow^d Fifteen Shillings & two pence. The Def^t appealed from this judgem^t unto the next Court of Assistants & himselfe principall in £.56. & John Walley & Asaph Eliott Sureties in £.28. apeice bound themselves respectiuely . . . on condition the s^d Perry should prosecute his appeale . . .

Deane ag^t Gibbs

Thomas Deane plaint. ag^t Benjamin Gibbs Defend^t in an action of the case for not delivering him posession of a certain warehouse & wharfe &c scituate in Boston due or belonging unto him the s^d Deane by virtue of a deed of Sale or Mortgage for the same bearing date July. 21^th 1674. long since forfited, as by the s^d deed reference thereunto being had will more fully appeare, with all due damages according to attachm^t dated. Octob^r 25^o 1676 . . . the Jury . . . found [400] for the plaint. possession of the warehouse wharfe &c according to Deed & costs of Court allowed twenty Five Shillings & four pence.

Execucion issued x^br 22^o 1676.

Clements agt Lisley

Richard Clements or his Attourny plaint. ag^t Robert Lisley Defend^t in an action of debt of two pounds Fifteen Shillings Sterl. mony of New-England due by bill bearing date the second day of May last past & paiable in two dayes after the arrivall of the Joane of Corke in New-England, with all other due damages according to attachm^t dated. 7^br 5^th 1676. . . . The Jury . . . found for the plaint. two pounds Fifteen Shillings mony and costs of Court; allowed Sixteen Shillings & eight pence. Execution issued Nov^r 8^th 1676.

Williams ag^t Lake

John Williams plaint. ag^t John Lake Def ^t in an action of the case for not delivering or shewing of a parcell of goods (attached by Return Wayt Marshalls Deputy upon the .8^th March. 1675. & then owned by s^d Lake to bee in his hands to the value of nine pounds belonging to Ezekiel Fogg) unto Joseph Webb the Marshall Gen^lls Deputy when demanded upon Execution agt. said Fogg & company; but s^d Lake contrary to Law and to the great damage of the s^d Williams, did dispose of & deliver to the s^d Fogg many of the goods after they were attached & owned to bee in his hands, w^th other due damages according to attachm^t dat^d octob^r 5^th 1676. . . . The Jury brought in a Speciall verdict, i.e. if the testimony of John Morse Joseph Webb & Nathanael Williams bee invalid, wee finde for the Def^t costs of Court, if not wee finde for the plaint. three pounds Sixteen Shillings mony & costs of Court. The Magistrates declare for the Defendant costs of Court.

Williams agt. Wessell

John Williams plaint. agt. Doctor Hartman Wessell Def^t in an action of the case for witholding a debt of Fifty three Shillings in mony due by booke & due interest & all other due damages according to attachm^t dat. august. 16. 1676. . . . The Jury . . . found for the plaint. two pounds thirteen Shillings mony and costs of Court allow^d thirteen Shillings and eight pence.

Execucion issued Feb^ry 12^o 1676/7.

Alford ag^t Endicott &^a

Benjamin Alford Attourny to John Sweeting Junio^r pl^t ag^t John Endicott & John Scotto Exec^rs in trust to the Estate of Andrew Sheppard dec^d Def^ts in an action of the case for that the s^d Exec^rs have refused or neglegted to give unto the s^d Alford a true & just acc^o of all the produce profits Earnings or Effects of one quarter part [401] of the Barque Thomas and Mary whereof the s^d Shepard was sometime m^r from the time the s^d Alford last made up an accoumpt with the s^d Sheppard in behalfe of the s^d Sweeting to this day, and also for not surrendring the quart^r part of s^d Barque & all other Estate or Effects that was in the hands of the s^d Sheppard belonging to the said Sweeting; whereby the Estate of the s^d Sweeting is damnified about One hundred pounds mony unto him the s^d Alford & all other due damages according to attachm^t dat^d October. 26. 1676. . . . The Jury . . . found for the plaintife that the s^d Exec^rs shall give a true acco^t of the one quarter part of the vessell Sued for called the Thomas & Mary with all the profits & loss made with s^d Vessell since the acc^os last made up, to bee done within twenty dayes next following under the penalty of One hundred pounds mony & costs of Court. The Defend^ts appealed from this judgem^t unto the next Court of Assistants & themselves principall in one hundred pounds & Robert Sanford & John Morse Sureties in Fifty pounds apeice acknowledged themselves respectiuely bound . . . on condition the s^d John Endicott & John Scotto should prosecute theire appeale . . .

Oughtred ag^t Blackleach

Charles Oughtred Attourny to m^r Sampson Sheafe plaint. ag^t John Blackleach Def^t in an action of the case for witholding the Summe of One hundred Fifty Four pounds Five Shillings & two pence in mony due by booke to the s^d Sheafe with all due damages according to attachm^t dat^d July. 21^o 1676. . . . The Jury . . . found for the plaint. one hundred Fifty Four pounds Five Shillings & two pence mony & costs of Court. John Poole as hee is Surety for the Defend^t (& appeared in the case) appealed from this judgem^t unto the next Court of Assistants & himselfe as principall in One hundred Fifty Four pounds & anthony Checkley & Stephen Burton Sureties in £.75. apeice acknowledged themselves respectively bound . . . on condition the abovenamed John Blackleach or John Poole shall prosecute the appeale . . .

Oughtred ag^t Collacott

Charles Oughtred Attourny to Sampson Sheafe Merch^t assignee to m^r Thomas Thacher Sen^r & Margaret his wife plaint. ag^t Richard Collicott Def ^t in an action of the case [402] for denying to deliver and witholding from him the saide Charles Oughtred Attourny afores^d possession of a house & land in Boston sold unto the s^d Thomas Thacher under proviso as per a Deed bearing date the twenty Sixth of August One thousand Six hundred Seventy and three may appeare the proviso of and in the s^d Deed being not accomplished with all due damages according to attachm^t Dat. October. 14^o 1676. . . . The Jury . . . found for the Defend^t costs of Court.

Rose ag^t Smith

Roger Rose of Boston plaint. ag^t Joseph Smith Defend^t in an action of unjust molestation for three times arresting his person and Estate hindering his imploy both vessell & company to his great damage according to attachm^t dat^d 26. 7^mo 1676. . . . The Jury . . . found for the Defend^t costs of Court allowed by the Court twenty three Shillings & Six pence.

Clarke &^a agt. Harbour

Matthew Clarke & company plaint^s ag^t John Harbour Def^t in an action of the case for over running theire Shallop as they were at anchor in the Sea with the Sloop of which the s^d Harbour was Commander, by which meanes the plaint^s lost theire Shallop that was well fitted for this Voyage, had in her three hogsheads of Salt twelve barrells of Mackarill and all theire fishing craft & theire wearing clothes; which is to theire damage at the least Eighty pounds in mony besides the loss of the remaining part of this present Voyage the s^d Shallop was over run 22^th of September 1676 about two a clock in the morning w^th all other due damages according to attachm^t dat^d 22^th Septemb^r 1676. . . . The Jury . . . found for the plaint^s Forty pounds mony damage & costs of Court, allowed by the Court three pounds Eight Shillings and four pence. Samuel Haugh as Surety for the Def^t who appeared at the tryall appealed from this judgem^t unto the next Court of Assistants & himselfe as principall in Forty pounds & Richard Collacot & John Smith Sureties in £.20. apeice acknowledged themselves respectively bound . . . on condition the abovenamed John Harbour or Samuel Haugh should prosecute this appeale . . .

Mason agt. Lawton

John Mason plaint. ag^t John Lawton Defendant The plaint. was nonSuted in failure of process the Def^t being Sued by bond & no bond of his appearing ag^t him.   [403]

Harris ag^t Turner

William Harris plaint. ag^t Ephraim Turner Def^t in an action of the case for not paying unto him the s^d Harris the Summe of Fifteen pound Sixteen Shillings and three pence in mony due upon ballance of Account owned & underwritt by s^d Turner as may bee made to appeare with all due damages according to attachm^t dat^d October. 24^o 1676. . . . The Jury . . . found for the plaintiffe Fifteen pounds Sixteen Shillings three pence mony & costs of Court allowed by the Court Fifteen Shillings & two pence; The Def^t appealed from this judgement unto the next Court of Assistants & himselfe principall in Sixteen pounds & Hudson Leverett & John Pease Sureties in Eight pounds apeice acknowledged themselves respectiuely bound . . . on condition the s^d Ephraim Turner should prosecute his appeale . . .

Johnson agt. Hunt

John Johnson plaint. ag^t John Hunt Def^t in an action of the case for witholding a Shop and the pu^rviledges belonging to it from the s^d Johnson with due damages according to attachm^t dat^d October. 26^th 1676. . . . The Jury . . . found for the Defendant costs of Court allow^d by the Court Four Shillings & two pence.

Walker ag^t Willett

Tho^s Walker Attourny to m^r John Jackson of London Exec^r of the last will of Hannah Walker plaint. ag^t Jacob Willett Def^t The plaint. was nonSuted in that hee Sued by bond & produced onely a Coppie the originall lying in England.

Wright agt. Gross

William Wright junio^r or his lawfull Attourny plaint. agt. Richard Gross Defend^t in an action of the case for witholding of a debt of Eleven pounds five Shillings in mony or thereabouts due for the Freight of One hundred & Fifty quintalls of Fish brought from Cape Sable in the Catch Society, whereof the foresaid Wright being then Master w^ch is to the plaint^s damage Eleven pounds five Shillings in mony with all other due damages according to attachm^t dat^d 29^th Sep^r 1676. . . . The Jury . . . found for the plaint. ten pounds ten Shillings mony & costs of Court allow^d by the Court twenty Seven Shillings.

Execucion issued Nov^r 11^o 1676.   [404]

Gilbert agt. Obison

John Gilbert plaint. ag^t William Obison Def^t in an action of the case for pulling up two pitts of ware of one hundred poles and so destroying them & his workeing tooles and two upper leather hides tanned & dryed lost out of his house, by his wife her takeing the key out of the dore & for making use of his tann liquor and lime liquor without his consent and casting his ware out of the limes and throwing out his household goods into the Streete and carrying his chests with corn in them into the Streete breaking them & spilling the corn & throwing one bushell & halfe of meale into the tanpits and as much pease, splitting the bagg & Spilling the pease in the pitts and about the tan house, w^th all due damages according to attachm^t dat^d 9. 8^mo 1676. . . . The Jury . . . found for the plaint. twenty pound in merchantable Leather at mony price within twenty dayes next and ten Shillings six pence mony or in default to pay twenty pounds mony with the ten Shillings six pence mony & costs of Court. The Def^t appealed from this judgement unto the next Court of Assistants & himselfe principall in twenty pounds & William Parsons & Thomas Stanberry Sureties in ten pounds apeice bound themselves respectiuely . . . on condition the s^d Obison should prosecute his appeale . . .

Gilbert agt. Obison

John Gilbert plaint. ag^t William Obison Defend^t in an action of the case for detaining his dwelling house & tan yard & barn & the rest of his pitts with all due damages according to attachm^t dat^d 9. October. 1676. . . . The Jury . . . found for the plaint. that the s^d Obison shall give the plaint. quiet possession of his house barn & pitts within Forty dayes or pay Sixty pounds mony & costs of Court allow^d Fifteen Shillings.

Sweete agt. Gibbs

John Sweete Junio^r Attourny of James Sweete, Phillip Sweete Jeremiah Smith & John Gelliot, plaint. ag^t Captⁿ Benjamin Gibbs Defend^t in an action of the case for that the s^d Benjamin Gibbs sometime in the month of September last past did forceably and illegally take away from the s^d persons off from Prudence Jsland in the Colony of Rhode Jsland twenty Five Jndian Servants men women & Children & doth still detain and withold from them theire s^d Servants; which is to the damage of the s^d persons at least one hundred twenty Five pounds in mony with other due damages according to attachm^t dat^d October 10^th 1676. . . . The Jury . . . [405] found for the plaint. that m^r Benjamin Gibbs is liable to Satisfy for twenty Five Jndians the Summe of thirty Seven pounds ten Shillings mony & costs of Court. Lidia Gibbs as attourny to her husband Benjamin Gibbs appealed from this judgement unto the next Court of Assistants & her Selfe principall in thirty eight pounds & Anthony Checkley and Thomas Savage junio^r in nineteen pounds apeice acknowledged themselves respectiuely bound . . . on condition the s^d Lidia Gibbs should prosecute her appeale . . .

Allicett ag^t Skillion

John Allicett plaint. ag^t Thomas Skillion Def^t in an action of the case for not paying his wages due for making his Fish at cape Sable to the value of Seven pounds or thereabouts with due damges according to attachm^t dat^d 9^th October. 1676. . . . The Jury . . . founde for the plaint. Seven pounds mony damage & costs of Court allowed thirty two Shillings and eight pence.

Execucion issued Nov^r 11^o 1676.

Dafforn agt Crow

John Dafforn plaint. ag^t Christopher Crow Defend^t The plaintiffe withdrew his action upon a judgem^t acknowledged

Deane agt. Wing

Thomas Deane plaint. ag^t John Wing Defend^t The plaint. withdrew his action.

Hunt ag^t Johnson

John Hunt plaint ag^t John Johnson Def^t in an action of the case for witholding from him the s^d Hunt a debt of Six pounds in mony due by bill with interest & all other due damages according to attachm^t dat^d October. 26. 1676. . . . The Jury . . . found for the plaint. Six pounds mony according to bill & costs of Court.

Plaine ag^t Nash

Henry Plaine plaint. ag^t Thomas Nash Master of the Ship called the Speedwell Defend^t in an action of the case for witholding five pounds or thereabout mony Sterling of England due for wages for the plaint^s labour done onboard the Ship Speedwell in her late Voyage from Amsterdam to England Barbados & so hither the plaintife being here cleered from s^d Ship by s^d Master with all due damages according to attachment dat^d 16. 8. 1676. . . . The Jury . . . found for the Defend^t costs of Court.   [406]

Bennet agt. Gridley

John Bennet plaint. ag^t Elisabeth Gridley widdow Def^t in an action of the case by defameing the s^d Bennet in saying saide Bennet is a false forsworn wretch whereby the plaintife is so impaired in his credit that if not releived by the Hono^rd Court it may prove his ruin in the world, with all due damages according to attachm^t dat^d October. 12^th 1676. . . . The Jury . . . found for the Def^t costs of Court allowed five Shillings.

Execucion issued Nov^r 4^th 1676.

Lidgett ag^t Watts

Elizabeth Lidgett Exec^x to the Estate of the late Peter Lidgett deceased plaint. against John Watts Def^t in an action of the case for non payment of twenty two pounds Seven Shillings due by bill bearing date the. 17^th June Anno. 1674. with interest & other due damages according to attachm^t dat^d 30^th august. 1676. . . . The Jury . . . found for the plaintife two & twenty pounds Seven Shillings according to bill & costs of Court, allowed Sixteen Shillings Six pence.

Execucion issued Novemb^r 28. 1676.

Evans agt. Mare

Agnis Evans plaint. ag^t Henry Mare Defend^t The plaint. withdrew her action.

Lawton ag^t Mason

John Lawton plaint. ag^t John Mason Defend^t The plaint. withdrew his action.

Davie ag^t Allicett

Humphry Davie plaint. upon Replevin ag^t John Allicett Defend^t The Replevin & Evidences in the case produced being read & committed to the Jury, which remain on file with the Records of this Court The Jury brought in theire verdict they found for the Defend^t costs of Court allowed five Shillings.

Davie ag^t Skillin

Humphry Davie plaint. ag^t Thomas Skellin Defend^t in an action of the case for a debt due unto him to the value of Eighty pounds in Fish upon acco^t or what shall appeare justly due with due damages according to attachm^t dat^d Sept^r 24^o 1676. . . . The Jury . . . found for the plaintife Seventy nine pounds nine Shillings nine pence according to bill & costs of Court allow^d 29^s 6^d

Execucion issued x^br 5^o 1676.

Bartholmew agt. Cox

William Bartholmew plaint. ag^t John Cox Defend^t The plaint. withdrew his action.

Hudson agt. Long

Cap^tn William Hudson plaint. ag^t John Daniel Defend^t The plaint. withdrew his action.

Bennet agt. Floide

Samuel Bennet plaint. ag^t John Floid Def^t in an action of the case for witholding thirty five pounds due for land sold [407] him with all due damages according to attachm^t dat^d 26: 7^br 1676. . . . The Jury . . . found for the Defend^t costs of Court.

Wharton agt. Walley

Richard Wharton Attourny to Peter Sayer Attourny & assignee to Jonathan Syberry plaint. ag^t John Walley Def^t The Def^t produceing an order of Generall Court prohibiting m^r Wharton pleading any cause but his own (except that of m^r Samuel Bellinghams) & improving of it for a nonsute, the Court dismis’t the action.

Wharton agt. Guard

Richard Wharton Attourny to Peter Sayer Attourny & assignee to Jonathan Syberry plaint. ag^t William Guard Defend^t The plaint. was nonSuted upon the same plea as in m^r Walley’s case.

Hudson agt. Leverett

Captⁿ William Hudson plaint. ag^t Hudson Leverett Def^t The plaint. withdrew his action.

Knight agt. Hudson

Richard Knight Collector plaint. ag^t Captⁿ William Hudson Vintner Def^t in an action of the case for witholding the Summe of Forty one pounds or thereabouts in mony due by agreement with s^d Richard Knight Collector for the rates imposed by the Generall Court upon his draught of wine beere ale Cider & Mum from the first of April .1674. unto the .25^th of October .1675. being one yeare & Seven months at the rate of twenty Six pounds per annum with all due damages according to attachm^t dat^d October .12^o 1676. . . . The Jury . . . found for the plaintife Forty pounds in mony & costs of Court allowed three pounds Eight Shillings.

Execucion issued Nov^r 8^th 1676.

Cooke agt. Hudson

Elisabeth Cooke Executrix & Elisha Cooke Exec^r of the last will of the late Richard Cooke deceased or either of them plaint. agt. Cap^tn William Hudson Defend^t in an action of the case for witholding the Summe of twenty pounds or thereabouts in mony due by Acco^t with other due damages according to attachm^t dat^d October. 12^o 1676. . . . The Jury . . . found for the plaintife twenty pound Seventeen Shillings ten pence halfe penny mony damage & costs of Court allowed Fifty nine Shillings & ten pence.

Execucion issued Nov^r 8^th 1676.

Turner agt. Nailer

Ephraim Tumor plaint. ag^t Edward Nailer Def^t in an action of debt of twelve pound three Shillings ten pence in mony due by bill with interest & other due damages [408] according to attachm^t dat^d October. 24^o 1676. . . . The Jury . . . found for the plaint. twelve pounds three Shillings ten pence mony damage according to bill & costs of Court allow^d twenty one Shilling and four pence.

Execucion issued Decemb^r 9^o 1676.

Giffard agt. Leverett

John Giffard plaint. ag^t Hudson Leverett Def^t in an action of the case for the not returning or paying the s^d Giffard or his Assigne Abraham Briggs the mony taken up by the s^d Leverett of m^r Timothy Mather being Sixteen pounds cash & mony taken up of m^r Ezekiel Fogg being Forty Four pounds or thereabouts, the w^ch s^d Summes the s^d Leverett gave his bill or writing under his hand to make return thereof to the s^d Giffard, with due damages according to attachm^t dat^d 12: 8. 1676. The Def^t objecting ag^t the process for that there were two actions contained in the attachm^t the Def^t declared hee held to the first, the complaint for Sixteen pounds; after which . . . the Jury . . . found for the Defend^t costs of Court.

Way agt. Pease

Richard Way Attourny to m^rs Elisabeth Freake Administratrix to the Estate of her late husband m^r John Freake dec^d plaint. ag^t John Pease Def in an action of the case for nonpaiment of a debt of thirty pounds or thereabouts due by booke with just interest & all other due damages according to attachm^t dat^d 24^th of October. 1676. . . . The Jury . . . found for the plaintife Fifteen pounds five Shillings eight pence halfe penny mony due upon ball^a of acco^ts & costs of Court. The Defend^t appealed from this judgement unto the next Court of assistants & himselfe principall in Sixteen pounds & Thomas Dewer & Hudson Leverett Sureties in Eight pounds apeice acknowledged themselves respectively bound . . . on condition the s^d John Pease should prosecute his appeale . . .

Orchard agt. Bulkeley

Robert Orchard plaint. agt. Richard Bulkley Defend^t The plaint. withdrew his action.

Sanford to Deane

Robert Sanford as Surety for Clement Gross personally appearing in Court, confessed judgem^t ag^t himselfe & Estate unto Thomas Deane merchant for Fourteen pounds one Shilling Six pence in mony according to bill dat^d 20. May. 1676. with charges. m^r Tho. Deane acknowledged the receipt of full Satisfaction of this judgem^t 29. 11^mo 76. before J. A. Cler

Hill to Phillips

Thomas Hill Tanner personally appearing in Court confessed judgement against himselfe & Estate unto Eleazer Phillips for Fifteen pounds four Shillings Six pence in mony according to bill with charges.

Execucion issued. x^br 15^o 1676.   [409]

Avis to Halgeson

William Avis personally appearing in Court, confessed judgement ag^t himselfe & Estate unto Jngeman Halgeson for Four pounds nineteen Shillings & three pence in mony according to bill on file with costs.

Execucion issued Nov^r 27. 1676.

Carr to Carthew

William Carr of Salisbury personally appearing in Court confessed judgement ag^t himselfe & Estate unto John Carthew for Four pounds in mony due by booke.

Execucion issued Nov^r 3. 1676.

Lux to Kellond

John Lux Senio^r personally appearing in Court confessed judgem^t agt. himselfe & Estate unto Thomas Kellond Merchant for thirty three pounds ten Shillings in mony due by booke.

Execucion issued 22^o 8^br 78.

[Freeman Sworn]

Robert Peirpoint of Roxbury tooke the Oath of freedom of this Colony.

Armitage her liberty

Liberty is granted to the widdow Armitage untill the next Court to bring in an Jnventory of the Estate of her Son Samuel Armitage.

Grandjury discharged

The Grandjury brought in theire bill of presentments Octob^r 31^o 1676. & were discharged.

Crow to Dafforn

Christopher Crow personally appearing in Court confessed judgement ag^t himselfe & Estate unto John Dafforn for Eight pounds Seven Shillings in mony being the remainder of a bill on file for a greater Summe. Jn^o Dafforn appeared in the office march. 16.1676/7. & acknowledged full Satisfaction.

Order about Cheeny’s provition

Jn answer to the petition & complaint of Margaret Cheeny widdow: The Court Orders that Thomas Cheeny her Son pay unto his s^d Mother Five pounds in mony every quarter of the yeare, yearely for the improvement of the Estate left by his Father & give her good assurance of her living peaceably with him, otherwise that hee leave the house; the Estate being judged to bee worth twenty five pound in mony per annum.

Auditt

The Court appoints m^r Anthony Stoddard & m^r John Joyliffe to audit the acco^ts of Edw^d Tyng Esq^r of debt from Colonel Daniel Searle & to make return to this Court.

Bowers his Estate Setled

For a division of the Estate of the late John Bowers Senio^r of Meadfeild dec^d hee having four Children his Son being married & provided for, the Jnventory of his Estate amounting to two hundred thirty five pounds twelve Shillings The Court settles upon his widdow Mary Bowers the thirds of all the Lands left by her s^d husband during her life, & the other two thirds of the Lands are Setled upon the three daughters of the s^d Bowers & theire heires for ever in equall proportions, and after the decease of theire mother to enjoy the third assigned to her, and the widdow to enjoy the whole movable Estate to bee at her dispose as Shee shall see meete.   [410]

Bowers his Estate Setled

For a division of the Estate of the late John Bowers junio^r of Meadfeild dec^d hee leaving behinde him onely one Childe being a Son: The Court Settles the whole Estate of movables according to Jnventory upon Sarah his Relict to bee at her dispose & the thirds of the land in his improuement in his life time being bestowed upon him by his Father is Setled upon Mary the Relict of John Bowers Senio^r during her life, the other two thirds of the lands is confirmed upon the Childe left by s^d Jn^o Bowers junio^r & his heires for ever to bee improved for his maintenance by his mother till hee bee of yeares to choose a guardian, & the third assigned to the Grandmother is Setled upon the Childe left by John Bowers junio^r & his heires for ever after his grandmothers decease.

Meares his Guardians

Vpon request of John Meares Son of John Meares of Boston sometime since dec^d The Court appoints Deacon Robert Sanderson & his uncle James Meares to bee his Guardians to looke after what Estate belongs to him.

Wadsworth his Estate Setled

For a division & Setlement of the Estate of the late Captⁿ Samuel Wadsworth of Milton dec^d amounting according to Inventory to twelve hundred pounds cleere Estate: The Court Settles upon Abigail his Relict the Summe of three hundred pounds to bee paid out of the Estate to bee at her dispose & the remainder to bee distributed amongst the eight Children left by s^d Wadsworth as followeth. To Recompence his eldest Son the summe of two hundred pounds, and to Ebenezer Christopher, Timothy, Joseph, Benjamin, Abigail & Jn^o Wadsworth the Summe of one hundred pounds apeice & in case of the death of any of the s^d Children before they come of age to enjoy theire Estate, the portion assigned unto him so dying, to bee equally distributed amongst them that Survive the Estate to bee set out to the Sons at twenty one yeares of age to the daughter at Eighteen yeares.

Boston under a penalty

The highway by Thomas Edwards’s in Boston being presented as insufficient & not passible after a raine: The Court orders the Select men to see it bee amended between this & the next Court of this County under the penalty of five pounds.

Roberts admonish’t

Abigail Roberts presented for excess in her apparrell & living from under Goverm^t Severall of the neighborhood appearing & witnessing that Shee lived in Service & had reformed in her apparrell: The Court admonish’t her, ordered her to pay fees of Court & discharged her.

Bartholmew dismis’t

William Bartholmew presented for concealing curseing The Court received his answer & dismis’t him.

Hill & White presented

Tho^s Hill & Jsaac White being presented for haunting of alehouses & mispending theire time & Estate: The presentm^t not being proved fell.   [411]

Naponsett bridge ordered to bee repaired

The Bridge over Naponset River being presented as insufficient The County Treasuro^r is ordered to see it bee repaired by the next Court of this County.

Wright Sentenced

Alice Wright being charged by her Master Daniel Turill junio^r for stealing from him severall parcells of mony & goods as by her own confession & testimony produced did appeare, Shee having laid out a considerable Summe of mony & bought herselfe costly apparell unbeseeming her ranke, which were found with her and forgeing many pernitious lyes & Letters, the cloathing & other things found with her amounting to Fourteen pounds Four Shillings three pence by apprizement: The Court Sentenced her to bee whip’t severely with thirty Stripes & to pay unto her Ma^r Turill treble damages according to Law & to pay Fees of Court standing committed etc.

Woodie his Estate Setled

The Court Settles the Estate left by the late Richard Woodie of Boston dec^d who dyed intestate upon Sarah his Relict for her own maintenance during her life and bringing up of her Children and at her decease to bee distributed amongst his Children.

Sharp his Estate Setled

For the Setlement of the Estate of the late John Sharp of Muddy River dec^d who dyed intestate The Court assignes to Martha the Relict of s^d Sharp one hundred pounds to bee paid out of the s^d Estate and then the remainder to bee divided into Six parts among the five Children left by s^d Sharp; the eldest Son to have two parts thereof as his double portion and the other four Children to have single portions; and in case of death of any of the s^d Children before they come of age to inherit theire Estate i.e. the Sons twenty one & the daughters eighteen yeares, then the portion of him or her so dying to bee equally divided among the Survivo^rs the widdow to have the improvem^t of the whole Estate for the bringing up of the Children & to pay them out theire portions as they come of age.

Alcocks Guardian

Palsgrave Alcock appeared in Court & made choise of Captⁿ John Hull to bee his guardian which hee accepted; likewise to bee guardian to Elisabeth Alcock; The Court approving thereof.

Minot his Guardian

Stephen Minot Son of the late John Minot of Dorchester appearing in Court made choise of Henry Leadbetter of Dorchester to bee his guardian; which the Court approved of, understanding the s^d Leadbetter was willing to accept thereof.

Matson presented

Thomas Matson prison keeper being presented for not keeping in his custody Quakers or persons taken at a Quakers meeting according to that Law page. 34. Sectⁿ 4.6 committed to him by James Hill Constable by a warrant from the Deputy Gov^r The Court having heard what hee alleaged for him & produceing an order from the Deputy Gov^r to release them upon bond dismis’t thes^d Keeper. [412]

Meadore Fined 40^s

John Meadore bound over to this Court to answer the complaint of Samuel Allice for nayling up his Shop windows & Saying who durs’t undoe them: The Court having heard and considered what was presented in the case, do Sentence him to pay Forty Shillings in mony fine to the County charges of prosecution & Fees of Court standing committed &c.

Morrice Sentenc^d

Ellin Morrice wife of Dorman Morrice being charged by Daniel Turell junio^r for receiving of Stoln. goods from alice Wright Servant unto the s^d Turill & concealing of them, Shee being Sent for by the Court, appeared & owned that the s^d Wright kep’t her box of Linnen at her house, and that Shee had at severall times received peices of Meate & bread from the s^d Alice The Court Sentenced her to bee whip’t with ten Stripes.

Stretton & Kemble admonish’t

Bartholomew Stretton & Thomas Kemble being complained of for frameing & writeing of severall Letters for Alice Wright being full of pernicious Lies & Slanders: Stretton appeared and owned that hee did write those Letters produced in Court; but s^d it was by the s^d Alice her dictates: Kemble also appeared and owned that hee wrote one letter then produced but said it was from a Coppie the s^d Alice brought him The Court admonish’t them and ordered them to pay Fees of Court.

Kingman Fined & bound to the behavio^r

Edward Kingman presented for Idleness, neglect of his calling and given to excessive tipling and drunkenness; which hee owned in Court & promised reformation, it being the Second conviction The Court Sentenced him to pay twenty Shillings in mony as a fine to the County and to give in ten pound bond with Sureties for his good behavio^r during the pleasure of this Court and to pay fees of Court standing committ^d etc. and to pay the Constable three Shillings for bringing of him down accordingly the s^d Edward Kingman and John Kingman bound themselves jointly and Severally in the Summe of ten pounds in mony unto the Treas^r for the County of Suffolke on condition the s^d Edward Kingman shalbee of good behavio^r during the pleasure of this Court.

Gillam Sentenc^d

Joseph Gillam being complained of for Strikeing & woundeing of John Bailey Servant to Richard Wooddee, whereby hee hath been disabled for doing his Master any Service about a month: The Court having heard and considered the pleas and Evidences in the case, do Sentence the s^d Gillam to pay twenty Shillings in mony as a fine to the County and to pay the Chyrurgion for his cure, to pay the s^d John Balley twenty Shillings in mony and to his Master Richard Wooddee eight Shillings in mony per weeke for loss of his time from the time of his being wounded untill hee able to worke again and to pay Fees of Court and charges of prosecution Eleven Shillings Six pence.

The Court adjourned till munday the. 6^th of nov^r 1676. at one a clock. [413]

Nov^r 6^th 1676.@

The Court met according to Adjournm^t

[Mary and Hugh Drury Sentenced]

Mary Drury being presented by the Grandjury for leaving the fellowship of her husband, The Court sent for her & likewise for Hugh Drury her husband; Shee owned the presentm^t The Court having considered of what they alleaged one against the other, do Sentence them to pay Fifty Shillings apeice in mony as a fine to the County, and each of them to give in bond with Sureties of thirty pounds apeice for theire good behavio^r especially one toward another untill the next Court of Assistants and then to appeare and to pay Fees of Court standing committed &^a

Committee for Jn^o Paines Estate

m^r Anthony Stoddard m^r John Joyliffe & m^r William Tailor are appointed Commission^rs to receive the claimes of the Credito^rs to the Estate of m^r John Paine; The Credito^rs to give in theire claimes by January Court next, the s^d Commission^rs to make return to that Court.

The Court adjourned to Nov^r 13^o 1676.

Novemb^r 13^o 1676.@

The Court met according to adjournment.

[Order to Joyliffe]

Vpon the motion of Elisabeth Vicars late widdow of m^r Richard Price dec^d craving the benefit of the law respecting her thirds of a house & Land in Boston; which was alienated by her s^d husband Price in his life time unto m^r John Joyliffe Shee not having given up her thirds: The Court Orders m^r Joyliffe to Set out to the s^d Elisabeth her thirds of the s^d Estate; or else the Court will appoint a Committee for that end.

Committee for Atkinson’s Estate

Cap^tn Thomas Clarke & m^r John Vsher are appointed and impoured by the Court, to bee Commission^rs for the taking in of the claimes of the Credito^rs to the Estate of Theodore Atkinson junio^r dec^d the s^d Credito^rs to give in theire claimes to the s^d Commission^rs by January Court next, & the s^d Commission^rs to make the return to that Court.

Turnor Clerke of the Writts

The Court appoints Ephraim Turnor to bee Clerke of the Writts for the Town of Boston during the pleasure of this Court.

Order to Everill

Ordered that m^r James Everill bring in what mony hee hath in his hands belonging to the Estate of the late Ephraim Pope dec^d & deliver it to the Clerke of the Court and that thereupon Joseph Belknap deliver up his bill.   [414]

Williams & Hake Sentenc^d

John Williams and Richard Hake Butchers being complained of by James Harris for abuseing of him in bad language & throwing theire offel out of theire Shop into his wheelebarrow among his meate as hee was driving it through the Town for Sale: The Court admonish’t the s^d Williams & Sentenced the s^d Hake to pay Five Shillings in mony to James Harris & both to pay Fees of Court.

m^rs Davenports Liberty

The Court grants liberty to m^rs Abigail Davenport Relict of m^r John Davenport late Clerke of the Writts dec^d to imploy some meete person to take an account of all such births marriages and deaths as were not brought in to her s^d husband (by the Jnhabitants of Boston) during the time of his being in office unto this day, and to demand and receive pay for the same making a return of the same unto the Clerke of this Court.

The Court dissolved.

Herris to Mackcloathland

Thomas Herris personally appeared before Simon Bradstreet & Thomas Clarke Esq^rs assist^s Novemb^r 23^o 1676. and confessed judgement against himselfe & Estate unto Duncan Mackloathland for twenty Seven pounds in mony according to bill on file.

as attests. Js^a Addington Cler

Crevet to Oliver

Mordecai Crevet of Salem marrin^r personally appeared before John Leverett Esq^r Gov^r & Edw^d Tyng Esq^r assist. January. 24^o 1676/7. and confessed judgem^t ag^t himselfe and Estate unto Cap^t James Oliver for three pounds two Shillings and Six pence in mony according to account

as attests. Js^a Addington Cler   [415]