[Davenport v. Hall]

Elisabeth Davenport Relict & Adm^x to the Estate of the late Captⁿ Nathaniel Davenport dec^d plaint. ag^t Richard Hall (part Owner and late Merchant of the Ship Nevis Facto^r) Def^t in an action of debt of two hundred and Fourteen pounds w^ch the s^d Hall tooke up & borrowed of the s^d Nathaniel Davenport upon the bottom of s^d Ship; which should have been paid at Jamaica in currant mony of s^d place, as may appeare by two writeings or Obligations under the hand of s^d Hall having reference one to the other with all due damages according to attachm^t Dat^d Aug^o 24^o 1676. . . . The Jury . . . found for the plaint. two hundred & Fourteen pounds mony according to bond & costs of Court twenty nine Shillings eight pence.

Execucion issued. 5^o Feb^ry 1676.

[Davenport v. Hall]

Elisabeth Davenport Relict & Adm^x to the Estate of the late Captⁿ Nathaniel Davenport dec^d plaint. agt. Richard Hall (part Owner and late Merchant of the Ship Nevis Factor) Def^t in an action of the case for an Account with the proceeds of a parcell of goods loaden upon s^d Ship & consigned to s^d Hall at Jamaica as may appeare by bill of Loading under the hand of Samuel Davis then Master of s^d Ship to the value of One hundred and Forty pounds ten Shillings first cost with all due damages according to attachm^t dat^d august 24^o 1676. . . . The Jury . . . found for the plaint. due upon the Sale of goods One hundred and Eighty pounds twelve Shillings Jamaica mony & costs of Court allowed.

The two abovewritten actions were tryed at the last County Court, but judgem^t not entred untill this Court according to Law.

Tyng agt. Searle

Edward Tyng Esq^r plaint. agt. Colonel Daniel Searle Def^t in an action of debt of three hundred & thirty pounds in mony or thereabouts due by booke with all due damages according to attachm^t dat^d October. 26^o 1676. . . . The Jury . . . found for the plaint. three hundred thirty three pounds Fourteen Shillings & eleven pence in mony & costs of Court allow^d twenty six Shillings six pence

This action was tryed the last Court but judgem^t not entred untill this Court according to law.

Execucion issued may. 19^o 1677.   [416]

Harris agt. Sandiford

William Harris plaint. agt. Henry Sandiford Def^t The plaint. withdrew his action.

Squire agt. Hudson

Phillip Squire plaint. agt. Samuel Hudson Deft. in an action of the case on debt for not paying the s^d Squire the Summe of Nine pound in mony for beere sold & deliu^rd the s^d Hudson by the s^d Squire this present yeare with all other due damages according to attachm^t dated nov^r 18^o 1676. . . . The Jury . . . found for the plaint. nine pounds in mony and costs of Court Sixteen Shillings eight pence

Execucion issued Jan^ry 31^o 1676/7

Waldron agt. Marshall

Jsaac Waldron plaint. agt. Captⁿ Tho: Marshall Def^t in an action of the case for detaining & keeping from him two Cows and one heifer without any Legall right or title to them which were taken off from his Farme sometime in October. or November. last whereby the s^d Waldron is damnified Eight pounds in Silver and all other due damages according to attachm^t dat^d January. 6^th 1676. . . . The Jury . . . found for the plaintife the two Cows and heifer Sued for or Eight pounds in Silver with costs of Court: The Defend^t appealed from this judgem^t unto the next Court of Assistants and himselfe principall in Sixteen pounds and Rob^t Brimsdom & John Flood as Sureties in £.8. apeice bound themselues respectiuly . . . on condition the s^d Tho: Marshall should prosecute his appeale . . .

Waldkon ag^t Bassett

Jsaac Waldron plaint. ag^t William Bassett Defend^t in an action of the case for detaining & keeping from him two Oxen without any legall right or title to them w^oh was taken off from his Farme called Bennets Farme somtime in October. or Novemb^r last whereby the s^d Waldron is damnified Seven pounds in Silver and all other due damages according to attachm^t dat^d January. 6^th 1676. . . . The Jury . . . found for the plaintife the two Oxen Sued for or in defect thereof Seven pounds in mony and costs of Court. The Def^t appealed from this judgem^t unto the next Court of Assistants and himselfe principall in Fourteen pounds & Jn^o Bateman & Jn^o Flood as Sureties in £.7. apeice bound themselves respectiuly . . . on condition the s^d W^m Basset should prosecute his appeale . . . [417]

Waldron agt Jenkins

Jsaac Waldron plaint. ag^t Joel Jenkins Def^t in an action of the case for detaining and keeping from him one Oxe without any Legall right or title to him which was taken off from his Farme called Bennets Farme somtime in Octob^r or November, last whereby the s^d Waldron is damnified four pound in Silver and all other due damages according to attachm^t dat^d January. 6^th 1676. . . . The Jury . . . found for the plaintife the Oxe Sued for or Four pound in mony & costs of Court. The Defend^t appealed from this Judgem^t unto the next Court of Assistants & himselfe principall in Eight pounds & Captⁿ Tho: Marshall & Jn^o Flood as Sureties in £.4. apeice bound themselves respectiuely . . . on condition the s^d Joel Jenkins should prosecute his appeale . . .

Waldron agt. Edmunds

Jsaac Waldron plaint. ag^t William Edmunds Def^t in an action of the case for detaining & keeping from him one heifer without any legall right or title to her which was taken off from his Farme called Bennets Farme somtime in October. or November. last, whereby the s^d Waldron is damnified Forty Shillings in Silver & all other due damages according to attachm^t dat^d Janu^ry 6^th 1676. . . . The Jury . . . found for the plaintife the Heifer Sued for or Forty Shillings in mony & costs of Court: The Defend^t appealed from this Judgem^t unto the next Court of Assistants and himselfe principall in Four pound & Benjⁿ Muzzey & Samuel Edmunds as Sureties in Forty Shillings apeice bound themselues respectiuly . . . on condition the s^d W^m Edmunds should prosecute his appeale . . .

Waldron agt. Muzzey

Jsaac Waldron plaint. ag^t Benjamin Muzzey Def^t in an action of the case for detaining a paire of irondoggs or andirons that were taken out of the Farme house of s^d Waldron whereby hee is damnified the value of three pound with other due damages according to attachm^t dat^d January first. 1676. . . . The Jury . . . found [418] for the plaintife the Iron doggs Sued for or Forty one Shillings mony and costs of Court: The Defend^t appealed from this judgem^t unto the next Court of Assistants and himselfe principall in Four pound & Captⁿ Tho: Marshall and Jn^o Flood as Sureties in Forty Shillings apeice bound themselves respectiuely . . . on condition the s^d Benjⁿ Muzzey should prosecute his appeale . . .

Robinson ag^t Rock

Thomas Robinson Son to Thomas Robinson dec^d plaint. ag^t Joseph Rock Exec^r to the last will & Testament of Tho: Robinson dec^d Defend^t The plaint. withdrew his action.

Robinson ag^t Rock

Thomas Robinson Son to Thomas Robinson dec^d plaint. agt. Joseph Rock Defendant. The plaintife withdrew his action.

Winthrop agt. Paines Estate

Wait-still Winthrop one of the Exec^rs of the last will of John Winthrop Esq^r dec^d in behalfe of himselfe and the rest of the Exec^rs plaint. ag^t the Estate late of John Paine Dec^d The plaint. in failure of a Defend^t and of giving legall Summons was nonSuted.

Farnum ag^t Scarlett

John Farnum Senio^r Miller plaint. ag^t John Scarlett Exec^r to the last will of Cap^tn Samuel Scarlett Def^t The plaint. withdrew his action.

Williams agt. Woodbridge

Nathanael Williams of Boston assigne of Cap^t W^m Gerrish of Newberry plaint. ag^t Thomas Woodbridge Defend^t in an action of the case for witholding the summe of Five hundred pounds in mony, it being the Forfiture of an Obligation under his hand & Seale bearing date the .7^th of Septemb^r 1676. by his not observing & performing the award of the Hono^rd John Leverett Esq^r Thomas Danforth & William Stoughton Esq^rs Capt^a Nathanael Saltonstall & m^r John Hubbard under theire hands and Seales bearing date the .30^th of Septemb^r 1676. according to the condition of the s^d Obligation, being Arbitrate^rs by them mutually and indifferently chosen with all other due damages according to attachm^t dat^d January 16^o 1676. . . . The Jury . . . found for the plaintife Five hundred pounds in mony the Forfiture of the bond Sued & costs of Court. The Defend^t appealed from this judgem^t unto the next Court of Assistants & himselfe principall in one thousand pounds and Daniel Boarman & Jn^o How Sureties in £.500. apeice bound themselves respectiuely . . . on condition the s^d Tho: Woodbridge should [419] prosecute his appeale . . .

Williams agt. Carver

John Williams of Scituate plaint. ag^t Robert Carver of Boston Defend^t in an action of debt of twelue pounds in mony due by bill under his hand bearing date the. 22^d of February in the year. 1675. with all other due damages according to attachm^t dat^d January. 22^d 1676. . . . The Jury . . . found for the plaintife twelue pounds mony and costs of Court allow^d thirty three Shillings two pence.

Williams agt. Carver

John Williams of Scituate plaint. ag^t Robert Carver of Boston Defend^t in an action of the case for that the s^d Carver hath not delivered to the s^d Williams a Shallop named the John & Daniel with all such Furniture as hee received with her according to his receipt & obligation under his hand to doe bearing date the .27^th of February 1675. which is to the plaintif’s damage about Forty pound and all other due damages according to attachm^t dat^d January. 22^d 1676. . . . The Jury . . . found for the plaintife his Shallop with all such Furniture as the Defend^t received with her according to his receipt & obligation to bee delivered within two months next following and in default thereof to pay Forty pounds & costs of Court allow^d Fifty Six Shillings eight pence.

Oughtred ag^t Collacott

Charles Oughtred Attourny to m^r Tho: Thacher Sen^r & Margaret his wife plaint. ag^t Rich^d Collacot Defend^t The plaint. withdrew his action.

Sedgwick ag^t Rock

Robert Sedgewick plaint. ag^t Joseph Rock Defend^t in an action of the case for defameing the s^d Sedgwick and his wife by declaring them at the County Court held at Charlestown in open Court to have taken a false Oath to the great damage of the plaint. & all other due damages according to attachm^t dat^d January first. 1676. . . . The Jury . . . found for the plaintife One hundred pounds in mony in Six months or that the Def^t make and acknowledgem^t in open Court of his falsely accusing s^d Sedgewick and his wife of perjury, to the Satisfaction of the Court within .24. houres when the Court is full & pay costs of Court twenty three Shillings 4^d [420]

Meader &^a agt. Martin

John Meader & William Tomlins plaint. ag^t Richard Martin Defend^t in an action of the case for not paying to them or either of them the Summe of Fifteen pound in mony & Fifteen pound in English goods at mony price according to agreement under the hand & Seale of s^d Martin bearing date the. 9^th of October: 1675. and all other due damages according to attachm^t dat^d x^br 23^o 1676. . . . The Jury . . . found for the plaintifes Four pound mony and four pound goods at mony price & costs of Court; allowed twenty Seven Shillings four pence.

Meader agt. Martin

John Meader plaint. ag^t Richard Martin Defend^t in an action of the case for witholding a debt of Four pound Sixteen Shillings & one penny in mony due for Carpenters and Boatswain’s store of the Ship whereof s^d Martin is now master as appeares by receipt under the hand of Robert Sweet and all other due damages according to attachm^t dat^d x^br 23^o 1676. . . . The Jury . . . found for the plaintife Four pound Sixteen Shillings one penny one halfe mony and the other halfe goods at mony price and costs of Court twenty one Shilling eight pence allow^d

Phillips ag^t Long

William Phillips Senio^r plaintife ag^t Mary Long widow and John Long Vintner or either of them, Executo^rs of the last will of Robert Long dec^d Defend^t The plaint. was non Suted in failure of process & costs granted the Defend^ts twelve Shillings four pence.

Execution issued 4^o 7^br 1677.

Johnson ag^t Curtis

Francis Johnson plaint. agt Joseph Curtis Def^t The plaint. was nonSuted in failure of process

Allen agt. Emmons

Bozoon Allen plaint. ag^t Obadiah Emmons of Boston Cordwinder Defend^t in an action of the case for detaining in his hands and refuseing to give quiet and peaceable possession unto the s^d Allen of a house & Land scituate and being in Boston neere the draw-bridge, w^ch hee is obliged to do by deed of Sale or mortgage under his hand & Seale bearing date the. 21. day of January 1675. the s^d house and land being forfited unto him the s^d Allen as wilbee made appeare by the s^d deed with all due damages according to attachm^t dat^d January .22^d 1676. . . . [421] The Jury . . . found for the plaintife possession of the house & Land Sued for according to deed & costs of Court.

Stoughton &^a agt. Gilbert

William Stoughton Esq^r & W^m Brinsmead or either of them, they being both Executo^rs to the last will & Testam^t of m^rs Justin Patten Relict of m^r Nathanael Patten late of Dorchester in New-England plaint^s ag^t John Gilbert of Boston Tanner Defend^t in an action of the case for refuseing to give possession of a certain house & Land in Boston according to the tenor of a mortgage made by the s^d Gilbert unto m^r Nathanael Patten afores^d bearing date the .16^th day of March .1670, the s^d house & Land being part of the Estate Setled upon the s^d m^rs Justin Patten by the act & order of the Hono^rd County Court of Suffolke: together with interest after the rate of eight per Cent. ever since the date of the s^d mortgage to this time and all due damages according to attachm^t dated January .25^o 1676. . . . The Jury . . . found for the plaintif^s possession of the house & Land Sued for according to deed & costs of Court allowed thirty one Shillings.

Execucion issued Feb^ry 5^o 1676.

Pope ag^t Bradly

William Pope plaint. ag^t Richard Bradley Defend^t in an action of debt of Eleuen pound ten Shillings in mony due by booke with all other due damages according to attachm^t dat^d January. 10^th 1676. . . . The Jury . . . found for the plaintife Eleven pounds ten Shillings mony & costs of Court allow^d twenty .5. Shillings 10^d

Execucion issued Feb^ry .2^d 1676.

Green agt. Cox

William Green assigne of John Watts plaint. ag^t John Cox of Boston Defend^t in an action of the case for non payment of three pound in mony due by bill under the hand of s^d Cox dat^d the. 12^th day of this instant x^br and assigned the same day unto said Green by afores^d Watts with other due damages according to attachm^t dat^d x^br 26^o 1676. . . . The Jury . . . found for the plaintife three pounds mony & costs of Court allow^d twenty one Shilling four pence.

Execucion issued Feb^ry 15^o 1676.   [422]

Goulding ag^t Stanford

Peter Goulding plaint. ag^t Robert Stanford Defend^t in an action of the case for not paying him four pound ten Shillings or thereabouts taken from him by Execution granted upon a judgem^t against the s^d Goulding obtained by John Nash as plaint. ag^t him the s^d Goulding as Surety of the s^d Stanford at a Commission^rs Court held at Boston on the. 16^th day of May. 1671. & all other due damages according to attachm^t dat^d 23. 9^br 1676. . . . The Jury . . . found for the plaintife Six pound & costs of Court

Woodcock agt. Sutton

William Woodcock of Hingham plaint. ag^t John Sutton of Scituate Defend^t in an action of the case to the value of five pounds for the s^d Sutton the two Summers last past cutting & carrying away the s^d Woodcocks grass off two parcells of his Salt Marsh at a place called Connihasset lying on the Southward side of the River next Scituate, one of the s^d parcells the s^d Woodcock purchased of Jonas Austin & the other parcell granted him by the Town of Hingham & setting up new stakes for Land markes in the s^d Marsh, which was purchased of Jonas Austin which make the title of the s^d Woodcocks Marsh Litigious, with all due damages according to attachm^t dat^d Octob^r 12^o 1676. . . . The Jury . . . found for the Defend^t costs of Court allow^d Fourty four Shillings two pence.

Lidgett ag^t Foote

Charles Lidgett plaint. ag^t John Foote Defend^t in an action of the case for not giving Security for the payment of a bill of Exchange drawn upon the Hono^rble S^r Jn^o Frederick S^r Nathanael & m^r Joseph Hern merchants in London for the value of One hundred pound Sterling mony bearing date October. 12^th 1676. & all other due damages according to attachm^t dat^d January. 25^o 1676. . . . The Jury . . . found for the Defend^t costs of Court, allow^d Six Shillings ten pence.

Evans agt. Boarman

Agnes Evans Administratrix of William Evans dec^d plaint. ag^t Daniel Boarman Defend^t in an action of debt of One hundred pounds due by bill dated the 20^th day of Decemb^r ann^o Dm. 1665. & all just damages according to attachm^t dat^d x^br first. 1676. [423]. . . . The Jury . . . found for the Defend^t costs of Court allowed twenty five Shillings & eight pence.

Execucion issued 20^th Feb^r 1676/7.

Shelley agt. Deering &^a

Sarah Shelley plaint. ag^t Henry Deering (who married w^th Elisabeth the Relict and administratrix to the Estate of the late Theodore Atkinson jun^r dec^d) and Samuel Shrimpton Adm^r to the s^d Estate; as also Anne Sandys Relict & administratrix to the Estate of the late John Sandys dec^d them or either of them Defend^ts in an action of the case for witholding the Summe of Fifty pounds in mony being the Forfiture of an obligation under the hands & Seales of the s^d Atkinson & Sandys bearing date Febru^ry 27. 1674/5. wherein they are jointly & severally bound in the Summe afores^d with all due damages according to attachm^t dat^d Janu^ry 22^d 1676. . . . The Jury . . . found for the plaint. the forfiture of the bond & costs of Court. The Magistrates on request of the Defend^t chancered this Forfiture to twenty Six pound Seven Shillings mony & costs of Court allow^d thirty Five Shillings and four pence.

Saffin ag^t Jesson

John Saffin plaint. ag^t Jacob Jesson Defend^t in an action of debt for that the s^d Jacob Jesson refuseth to make payment of the Summe of thirteen pounds in mony due unto the s^d Saffin for the rent of his warehouse as by the Lease thereof bearing date the .12^th day of October .1675. with an accompt & other testimony may appeare and all other due damages according to attachm^t dat^d January .16^th 1676. Objection being made of two actions in the process the plaint. declared hee held to that of the lease: after which the Evidences in the case produced being read and committed to the Jury which remain on file with the Records of this Court: The Jury brought in theire Verdict, they found for the plaintife thirteen pounds according to Lease & costs of Court allow^d twenty nine Shillings and ten pence.

Execucion issued 13^o Feb^ry 1676.

Lilley ag^t Nonan

Edw^d Lilley plaint. ag^t Daniel Nonan Def^t The plaint. was non Suted in failure of process not giving Summons and costs granted the Def^t six Shillings 4^d

Execucion issued Feb^ry 26. 1676/7. @

Turnor agt. Matson

Ephraim Turnor plaint. ag^t Thomas Matson prisonkeeper Defend^t The plaint. withdrew his action.

Naylor ag^t Wheelewright

Edw^d Naylor plaint. agt. Samuel Wheelewright Defend^t This action is continued untill the next County Court.   [424]

Yardley agt. Boden

John Yardley plaint. agt. John Boden Bricklayer Def^t in an action of the case for not responding the damage that s^d Yardley hath Susteined as hee is master of the Katch Johns Adventure by s^d Boden his remisness & neglect of his duty by not doing his worke according to his trust & promiss in building of a hearth on board the s^d Katch whereby the plaintife by fire is damnified about Fifteen pound in mony with all due damages according to attachm^t dat^d Jan^ry 3^d 1676. . . . The Jury . . . found for the Defend^t costs of Court.

Hudson agt. Daniel

Captⁿ William Hudson plaint. ag^t John Daniel of Milton Defend^t in an action of the case for the s^d Daniel his breach of the covenant Indenture or lease bearing date .27 of march. 1675. by his illegall or unnecessary deserting the s^d Farme mentioned in the aboves^d Covenant or Lease and leaving the houseing utensils house hold Stuffe cattle & Stock that were unto him Leased by the s^d Hudson belonging unto the s^d Farme as per Jnventory & otherwaies shall appeare unto the liberty of any person to steale or take them illegally away or by fire spoyle & ruin them which is done or otherwaies detained from the plaintife by the s^d Daniel or by his defect in forsaking the s^d Farme hee taking no care nor effectually indeavouring or useing any meanes for the aboves^d goods and stock, nor having made Satisfaction neither for houseing Stock or rent thereof lost; whereby the plaintife is damnified at the least to the value of Four hundred pounds in mony & other due damages according to attachm^t dat^d 9^br 3^d 1676. . . . The Jury . . . found for the Defend^t costs of Court, allow^d ten Shillings & ten pence.

Execution issued March. 5^th 1676/7.

Belcher ag^t Brantery Select men

Joseph Belcher plaint. on replevin ag^t the Select men of Brantery Defend^ts A question in this case being depending in the Generall Court for resolution: The Court dismis’t the action.

Clarke agt. Yale

Majo^r Thomas Clarke plaint. ag^t David Yale Defend^t This action was continued untill the next County Court.

Grandjury dismis’t

The Grandjury brought in theire bill of presentments 30^th of January. 1676. & were dismissed for this Court.   [425]

Henchmans Guardian

Hezekiah Henchman aged .19. yeares & upwards Nathanael Henchman aged .15. yeares & upwards appeared in Court and made choise of theire Father Cap^t Daniel Henchman to bee theire guardian which hee accepted & the Court allow^d of: And the Court appointed the s^d Cap^t Henchman to bee guardian unto his daughter Susanna being .9. yeares of age and upward: relating unto some legacies bequeathed unto them by the last will & Testament of theire late Grand-Father Hezekiah Woodward late of Uxbridge in the County of Midd^x within the Realm of England Gent. dat^d 22^d Feb^r 1676

Proutt to Vsher

Timothy Proutt Sen^r personally appeared in Court & confessed judgement ag^t himselfe & Estate unto Elisabeth Vsher, Hezekiah Vsher & John Vsher Exec^rs of the last will of m^r Hezekiah Vsher dec^d for thirty Six pound Fifteen Shillings ten pence in mony being so much hee ingaged to pay on acco^t of m^r Oliver Purchis

Purchis to Proutt

Oliver Purchis personally appeared in Court & confessed judgem^t against himselfe & Estate unto Timothy Proutt Senio^r for thirty Six pounds Fifteen Shillings and ten pence in mony.

Execucion issued pr^o Feb^ry 1676.

Hudson to Paige

Samuel Hudson personally appeared in Court & confessed judgement ag^t his Estate & person unto Nicholas Paige for nineteen pounds five Shillings six pence to bee paid in mony.

Execucion issued 29^o May. 1677.

Sandys to Balston

Anne Sandys administratrix to the Estate of her late husband John Sandys dec^d personally appeared in Court & confessed judgement ag^t her Estate and person unto Jonathan Balston for Sixteen pounds five Shillings in mony in full of all accounts.

Purchis to Lidgett

Oliver purchis personally appeared in Court and confessed judgem^t ag^t his Estate & person unto Elisabeth lidgett, Executrix of the last will of m^r Peter Lidgett dec^d for twenty two pounds and eight pence in mony due by bill on file.

Freemen Sworn

Caleb Beale Joseph Bate & George Lane all of Hingham tooke the Oath of freedom of this Colony.

Mason his Estate Setled

For a Setlement of the Estate of the late Thomas Mason of Meadfeild dec^d the Jnventory of his Estate amounting to two hundred and twenty pounds, hee leaving Four Children: The Court assignes unto his eldest Son being now of age Forty pounds out of s^d Estate to bee paid unto him by Margery his mother as Shee can [426] and unto the rest of the Children twenty pounds apeice to bee paid out of s^d Estate unto them as they attain theire respective ages of twenty one yeares: The Court settles the remainder of the Estate upon Margery the Relict of s^d Thomas Mason, and at her decease (in case Shee dye a widdow) to bee divided & set out to such of her Children as shall best deserve from her.

Hudson to Rock

Samuel Hudson personally appeared in Court & confessed judgement ag^t his Estate & person unto Joseph Rock for ten pound Eleven Shillings Six pence in mony.

Execution issued, may. 28^o 1677.@

Tower his Estate Setled

For a Setlement of the Estate of the late Jeremiah Towers of Hingham dec^d The Court assignes unto the eldest Son of s^d Towers Forty Shillings to bee paid out of s^d Estate and unto the rest of the Children twenty Shillings apeice to bee paid unto them as they attain theire respective ages & confirme the rest of the Estate upon Elisabeth his Relict.

David an Jndian Sentenc^d

The Court Sentenceth David an Jndian to pay unto m^r Nicholas Paige by Service the Summe of twelue pounds nineteen Shillings in mony according to law, being treble damages for his stealing sundry goods from the s^d Paige and running away from onboard his Vessell with his Boate after hee was Shipped.

Purchis to Clarke

Oliver Purchis personally appeared in Court & confessed judgement ag^t his Estate & person unto Majo^r Thomas Clarke for twenty one pounds to bee paid in mony according to account.

Rogers his Estate Setled

For a Setlement of the Estate of the late William Rogers of Boston dec^d intestate who left onely one Childe being a Son: The Court assignes to & confirmes upon Margaret his Relict one halfe of the whole Estate according to Jnventory: and the other halfe is Setled & confirmed upon his Son William to bee paid unto him at the age of twenty one yeares: The Childe to bee brought up by m^r William Snelling (who married with the widdow) by the improuement of his Estate untill hee bee of yeares to bee put out an apprentice; and after his being put out or the like; his Estate to bee improved for his benefit untill hee come to age.

Weymoth Commission^rs

Captⁿ W^m Torrey L^t John Holbrooke & Serj^t Samuel White are appointed Commission^rs for the Town of Weymouth to end small causes for the yeare insuing.

Dedham Commission^rs

Captⁿ Daniel Fisher m^r W^m Avery & Ensigne Thomas Fuller are appointed Commission^rs for the Town of Dedham to end small causes for the yeare insuing.

Meadfeild Sealer

Seth Smith of Meadfeild was Sworn Sealer of weights and measures for that Town for the yeare insuing.   [427]

Cresey’s presentm^t

John Cresey being presented by the Grandjury for living from his wife contrary to Law: The s^d Cresey appearing own^d that hee had a wife living in England and that hee had been absent from her severall yeares: The Court ordered him to return unto his wife by the next oppertunity of Shipping for London under the penalty of twenty pounds according to Law.

Audit

m^r Thomas Deane and m^r James Whetcomb are appointed & commissionated to audit the accoumpts between Edward Naylor & Samuel Wheelewright sometime in the first weeke of April next comming & to make theire return thereof unto to the County Court in april next to which the action is continued.

Audit

m^r Humphry Davie, m^r John Joyliffe & Cap^t Jn^o Richards are appointed & commissionated to audit the accompts between majo^r Thomas Clarke & m^r David Yale and to make theire return thereof unto the County Court in April next to which time the action is continued.

Meares his Estate Setled

For a present Setlement of the Estate left by the late Samuel Meares of Boston dec^d The Court assignes unto Mary his Relict the whole movable Estate unto her and her heires for ever, and the improvement of the house and land untill the eldest Child left by s^d Meares come of age, and then a further division to bee made: And the house & land is hereby Secured for the paym^t of debts; and m^r William Adams and her other Surety for her true administracion are discharged from theire bond.

Jones Fin^d 40^s

John Jones & Sarah now his wife convicted by theire own confession in Court of committing Fornication before marriage: The Court Sentenc^d them both to bee whip’t the s^d John with Fifteen Stripes & Sarah with ten stripes or to pay Forty Shillings in mony fine to the County & fees of Court standing committ^d &^a

Tappin Fined 20^s

John Tappin presented by the Grandjury for receiving a cloake which was Stol’n from him before the law was Satisfied The s^d Tappin appearing owned hee had inadvertently so done: The Court ordered him to bring the Cloake and deliver it up to the Court being Forfit^d according to law or to pay twenty Shillings in mony fine to the County four Shillings charge of prosecution & Fees of Court.

King Sentenc^d

Abigail King widdow convict in Court by the oathes of Samuel Sendall and Bartholmew Threenedle of suffering great disorders and disturbances in her house to the greife and annoyance of the neighbourhood, and for entertaining of Strangers: The Court Sentenc^d her to pay five pound in mony fine to the County charges of prosecution & Fees of Court [428] and caution her for future not to entertain any lodgers in her house without approbation of the Select men or other authority according to Law under the penalty of five pound per weeke.

Skelton Sent^a

Joseph Skelton convict in Court of Stealing meate & other things from Samuel Everett at severall times: The Court Sentenced the s^d Skelton to bee whip’t with fifteen Stripes & to pay unto Samuel Everett treble damages according to Law, being Six pound twelve Shillings & to pay charges of prosecution Forty Six Shillings & fees of Court standing committ^d &^a

Williston Fin^d 20^s

John Williston convict of Stealing a Syth from John Daniel valued at ten groats, & having formerly committ^d severall thefts. The Court Sentenc^d him to bee whip’t with ten Stripes or to pay twenty Shillings in mony fine to the County & to pay ten Shillings in mony unto John Daniel; with charges of prosecution & fees of Court standing committ^d &^a

Dike Sentenc^d

Daniel Dike convict by his own confession in Court of stealing from m^r William Tailer ten pounds in mony from on board m^r Herberts Sloope bound for piscataqua: The Court Sentenced him to pay unto m^r Tailer 3^ble damages according to law & to pay charges of prosecution & fees of Court & prison standing committ^d &^a

Crowder Sentenc^d

Elisabeth Crowder convict by her own confession in Court of committing Fornication & having a bastard Childe: The Court Sentenced her to bee whip’t with twenty stripes & to pay Fees of Court & prison standing committ^d &^a

Holleday Sentenc^d

John Holleday complained of for lying & making use of a false deed unto which his name is Subscribed to the deceiving of others, & denying of it in Court to bee his hand Subscribed thereunto, which hee had formerly own^d. The Court Sentenced him to stand in the pillory in Boston upon three severall Lecture dayes following immediately after the Lecture for the space of one hour at each time & pay charges of prosecution & Fees of Court & prison standing commit^d &^a

Williston Sentenc^d

John Williston convict by his own confession in Court of stealing a cloake from John Tappin valued at twenty Shillings which is returned again unto s^d Tappin The Court Sentenc^d him to pay unto the s^d John Tappin Forty Shillings in mony being 3^ble damages according to law & Fees of Court standing committ^d &^a

Hickson &^a Sentenc^d

Jeffery Jefferies & Richard Hickson complained of for breaking open John Odlins Shop from whence was taken a gunlock a head of a leading Staffe & other things [429] valued at twenty eight Shillings; the s^d Jefferies offering s^d lock to Sale, saying hee bought it of s^d Hickson; which hee owned: The Court Sentenced them to pay unto the partys who owne the things which were stoln the Summe of three pounds Seventeen Shillings in mony (the lock being returned again) which is 3^ble damages according to law & to pay charges of prosecution fees of Court & prison standing committ^d &^a

Wilson Sent^a

John Wilson convict by his own confession in Court of taking up some gold, English mony & new-England mony in the time of the late fire in Boston (challenged by m^r Increase Mather) & concealing of it, not attending the Law in crying of it, but offering it to Sale: The Court Sentenced him to pay unto m^r Mather six pound in mony being 3^ble damages according to law: the mony found with him valued at three pound being returned again & to pay fees of Court standing committed &^a

Town of Boston under a penalty

The Town of Boston having been formerly presented for an insufficient high-way by the house of Benjⁿ Gibbs and put under a penalty of £.5. to bee repaired by this Court: The Court declared the penalty to bee due and order them to repaire the high-way now present^d by Tho: Fitches Joseph Hows &c. by the next Court of this County under the penalty of ten pounds.

Marshall etc. agt. Waldron

Jsaac Waldron having formerly obtained a warrant from authority to make search for a parcell of cattle taken from off his Farme called Bennets Farme, & to Seize the persons with whome they should bee found; the s^d cattle being found in the hands of Cap^tn Thomas Marshall William Bassett, Joel Jinkins & William Edmunds & the s^d persons Seized by virtue of s^d warrant & brought before authority, and one of them bound over & the rest ordered to appeare to answer it at this Court, and the s^d Waldron bound to prosecute them for being possessed of the s^d cattle taken away unduely and without any order or right to them, the persons being called Appeared & s^d Waldron being demanded to prosecute them according to his bond, hee declined it, Saying hee had prosecuted them by his civill actions & declared hee had nothing to charge them with criminally: Whereupon the Court discharged them and adjuge the s^d Waldron to pay them costs the s^d Jsaac Waldron appealed from this judgement unto the next Court of Assistants and himselfe principall in £.10. & Nathaniel Byfeild & William Gilbert as Sureties in £.5. apeice bound themselves respectiuely . . . on condition the s^d Isaac Waldron should prosecute his appeale . . .

[430] Webb his order for Fees

The Court orders the County Treasuro^r to pay unto Marshall Joseph Webb the six pence per action according to Law and five pounds per annum (out of the ten pounds ordered by the Court to bee paid unto the marshall by a former order) from the time of his being in place.

Lovell Sentenc^d

John Lovell Senio^r of Weymoth presented for an ungoverned tongue by rayling upon his neighbours & calling them bad names on consideration of what was proved ag^t him The Court Sentenc^d him to give in bond with Sureties of twenty pound for his good behavio^r untill the next Court of this County & to pay charges of prosecution & fees of Court standing committed &^a

Dove admonish’t

Daniel Dove bound over to answer for suspitious speeches given out by him of a fire likely to happen in the town of Boston: Upon consideration of what was proved ag^t him. The Court admonish’t him & ordered him to pay fees of Court.

Wakefeild admonish’t

Samuel Wakefield being complained of for being in a great measure instrumentall in the late great fire in Boston by his carelessness The Court (on consideration of what was alleaged ag^t him) admonish’t him & ordered him to pay fees of Court.

Meares Fin^d £.7. etc.

James Meares convict of retailing wine without Licence The Court Sentenced him to pay Five pounds in mony fine to the County according to Law: and for keeping a disorderly house and entertaining persons unseasonably Sentenced to pay Forty Shillings more in mony, and to give bond with Sureties of One hundred pound for his good behavio^r especially not to transgress the law by retailing of wine untill the next Court of this County and to pay charges of prosecution & fees of Court standing committ^d &^a

Barber Fin^d 20^s

Mary Barber convict of being drunke & suspitiously accompanying with George Pike Sentenced to pay ten Shillings in mony fine for her drunkenness and ten Shillings for her accompanying w^th s^d Pike & fees of Court standing committ^d &^a

Pike Fin^d 20^s

George Pike convict of suspitious accompanying with Mary Barber Sentenc^d to pay twenty Shillings in mony fine to the County & fees of Court standing committ^d &c.

The Court adjourned to the 8^th of February next.

February .8^th 1676.@

The Court met according to adjournm^t

Davenport his Estate Setled

For a Setlement of the Estate of the late m^r John Davenport dec^d who dyed intestate: The Court assignes to and confirmes upon Abigail his Relict the whole Estate of movables (excepting the Bookes according to his declared minde) and the use and rent of the house untill the Children come of age & then a farther division to bee made. [431]

Bennett disabled for giving testimony

Samuel Bennet convict in Court of denying by writing or acknowledgement under his hand what hee had formerly given his Oath unto & not being carefull of what hee Sweares unto The Court on consideration thereof do disable the s^d Bennet for giving testimony in any case whatever.

[Bennett had been the star witness for Isaac Waldron in the series of cases that he won before the adjournment. See especially p. 763, above, where Waldron denies having boasted that he could make Bennett swear to anything for one pint of liquor.]

Order about Makiah’s Estate

Ordered that the remainder of the Estate of Daniel Makiah late of Dedham dec^d in the hands of Captⁿ Daniel Fisher Adm^r to the s^d Estate; bee committed unto Nyle Makiah, hee giving Security to bee responsible in case any neerer relation appeare hereafter to make claime thereunto & that Captⁿ Fisher bee discharged from his administration.

Hubbards Freedom

m^r John Hubbard of Boston tooke the Oath of Freedom of this Colony.

Vsher his Exec^rs Fin^d

The Court do Sentence the Exec^rs of the last will and Testam^t of m^r Hezekiah Vsher late of Boston dec^d (viz. m^rs Mary Vsher widdow m^r Hezekiah Vsher & m^r Jn^o Vsher) to pay the Summe of thirty pounds in mony fine to the County being five pounds per month according to law from the County Court next following the death of the s^d Vsher untill this Court, for theire neglect to perfect the probate of s^d will by not bringing in an Jnventory of the Estate, whereby the Court might see justice done according to s^d will.

This Court dissolved.

Lancaster to Jacklen

William Lancaster personally appeared before John Leverett Esq^r Gov^r and Edward Tyng Esq^r Assist. February. 13^o 1676. and confessed judgem^t ag^t himselfe and Estate unto Samuel Jacklen for Four pounds ten Shillings in mony.

as attests. Js^a Addington Cler

Execucion issued march. 22^o 1676/7.

Hood to Tay

Jeremiah Hood of Sudbury personally appeared before John Leverett Esq^r Gov^r & Edward Tyng Esq^r Assist. April: 5^th 1677. and confessed Judgement ag^t his Estate & person unto John Tay of Boston for three pound Eight Shillings to bee paid in mony.

as attests. Js^a Addington Cler   [432]