At a County Court held at Boston Aprill. 24o 1677.@
Present
- Jno Leverett Esqr Govr
- Edwd Tyng Esqr
- Simon Bradstreet Esqr
- Tho: Clarke Esqr
- Joseph Dudley Esqr
Grandjury the same with the former Court
Jury of Tryalls Sworn
- Deacon Tho: Holbrooke
- Robt Pepper
- Shadrach Thayre
- Abel Porter junr
- Jno Baker
- Jno Thurston Senr
- Nath: Blague
- Henry Gearnsey
- Jno Lazell
- Wm Gilbert
- Tho: Holman
- Jno Haughton
[Williams v. Mather]
Samuel Williams plaint. agt Timothy Mather Defendt The plaint. withdrew his action.
[Deane v. Hubbard]
Thomas Deane assigne of John Glover plaint. agt John Hubbard Defendt in an action of debt of twenty Eight pounds in mony due by bill bearing date august. 4th 1676. This case being called the parties appeared and the Summons being read, mr Hubbard produced a coppie of a Record of the Court Assistants putting a Supersedeas to the payment of this mony; upon which the Court granted a non Sute. The plaintife appealed from this judgement unto the next Court of Assistants and himselfe principall in £.10. Capt Jno Richards and mr Richard Wharton Sureties in £.5. apeice bound themselves respectively . . . on condition the sd Tho: Deane should prosecute his appeale . . .
[This case probably grew out of the sordid business of “seizing Indians at the eastward & making sale of them at Fyall,” as appears in the Records of the Court of Assistants, i. 91, Glover, one of the condemned slave traders, having previously sold a “part of the produce of that voyage” to Hubbard. The following addition to the entry, in the handwriting of Edward Rawson, is found in S. F. 1631.1:
Notwthstanding mr Deans wthdrawing his action The Court ordered he should be pajd his 28li wch he pd mr Jno Glouer he not knowing ye Courts order when Glouer Assigned his bill to him ye sd Glouer. ye sajd Glouer was Jnformd yt his mony in mr Hubbards hand was to lye till ye Court determd it. E R S
Deane’s Reasons of Appeal (S. F. 1631.4) follow:
Thomas Deane Assignee of John Glouer Plaintiffe against Jno Hubbard Defendt his Reasons of appeale from the Judgment of the County Court held at Boston, the 24th Aprill 1677
First. Because the Law Title: (Bills folio 10) Saith that any debt or debts, due vpon bill or Specialtie assigned to another Shall be as good a debt & Estate to the assignee as it was to the assignor, at the time of the assignation, and that it shall be Lawfull for the Assignee to Sue and Recouer the Said debt due vpon bill and So assigned, as fully as the Originall Creditor might haue done; Provided the assignement be made on the backside of the bill or Specialtie, Now John Hubbards bill to John Glover, for payment of the Summe of Twenty Eight Pounds, was on the tenth day of Aprill. 1677. according to the aboue cited law, assigned to the appellant, and so became a due debt to him, which by the Judgment of the Honnord Court was denyed him, Therefore ground of appeale.
2 Jn that there is a Maxime in Law, that that Power which gives being to a matter or thinge, there must be the Same or a greater power that Can make it void, but the Power of the honorable General Court, hath given being to that Law of assignments of bills by which the appellant deriues his right, therefore he ought to haue the benefitt thereof. Except the Generall Court or a greater power hath mad[e] the Sd Law void, which not appearing there is ground of appeale.
3 Jn that it is affirmed that the Councell or Court of assistants, haue power to make Such an act, to dismisse the plaintiffe of his money which he must assume the boldnesse to deny, Yet if it were granted that the Court of Assistants, haue in Some Cases Such a power to Null or make void an act of a generall Court, it then ought at Least to be Recorded & Sufficiently published, (otherwise no law of the Generall Court is in force) but that did not appeare, therefore ground of appeale.
4. Because it was held good in law, that the Court of Assistants making an act on the 17th of Aprill 1677 (Seven dayes after the assignement of the Sd bill to the appealant) that what was only sa[id] or discoursed, Concerning the Said debt, by the Councell or Court of Assistants, on the 10th March 1676 though not recorded Should ta[ke] its rise and force, of an order from that day, the appealant answers in the Negatiue. Because all lawes and acts of Parliament or other Courts of Judicature are & ought alwayes to be Recorded, otherwise they haue noe Existance or being at all, Nor is any law, ordinance of parliament or act of any Court in force, untill it be Sufficiently published, See our Law page 1: The Entry or Record in Court being the very Essence of an act of Parliament, statute or order of Court, from the very Jnstant of the Entry it takes its birth, and from the time of its publication it takes its force, hence it is that Courts of Justice are Called Courts of Reccord, (against which there is no averrment) to which purpose that office in England is Called, Custos Rotulorum and as a Law or order of Court takes its being from the Jnstant of Recording, So it never looks back nor takes its rise, or be in force from the first time it was in agitation or debate, for many times acts of Parliaments [&] of Generall Courts are in Concideration & debate, Seuerall Sessions before they are Entred, and from thence they Come to be Called acts or orders as hath bene Said, otherwise they dye & Come to nothing, as many proposals & discourses in the greatest Courts have done, for Instance in a private Case, if a man should Confesse A Judgment in Court for payment of One hundred Pounds to another, if this be not Recorded, it is of no vallidity in Law, though a hundred men Could witnesse it, and the Reason is (as hath bene Said,) Because it is the Reccord and due Publication thereof that giues being & legall force to any act of Court, from whence it appeares, that what the honnered Court is Said to do on the 10th of March 1676 Concerning the Stoppage of the Said money in the hands of said Hubbert, declared to Said Glouer, but not Recorded is null in law, nor is it the appellants place to Question the Secretary for his Omission or Neglect therein, (as hath bene Suggested) but of necessity the Secretary must Stand to the Censure of the Court, to whom he is a minister
Jn fine the Appellant hath had noe designe in this businesse, to hinder or frustrate the honnord Court in any of their proceedings therein (were it in his power,) but hath acted in all plainesse in Common Negotiation as men vsually buy & Sell assigne and Sett ouer, there being as he humbly Conceives no law, which doth enjoyne any man to Search reccords of Court, Concerning anythinge that is to be bought or Sold Except land or Such like, soe that the premises Concidered the appelant doubts not but this honnord Court & Jury will See the appealant hath ground Sufficient to appeale.
Tho: Deane
These Reasons were received augo 28o 1677.
per Jsa Addington Cler
S. F. 1631.5
A breife Reply (in the absence of mr John Hubbard) unto mr Tho: Deane his Reasons of appeale from the Judgement of the County Court held at Boston in April last past in the action commenced by him as assigne of John Glover against sd Hubbard.
As to his first wherein hee cites the law for assignments of bills pleading the validity or Legality of his debt, being by assignmt of a bill: — Jt’s readily granted that where the principall stands in a capasity of recovering a debt by bill, his Lawfull assigne hath as full power, and is in as good a State for obtaining of the sd debt as the Original Creditor was before the assignation: But our question lyes not here, nor was mr Deane denyed a tryall because of his being an assigne; for had John Glover the Original Creditor Sued this bill, hee had no more been admitted a proceedure then mr Deane was.
As to his third and fourth wherein the appealant undertakes to discourse the power of the Court of Assistants or Council in making of acts or orders and the manner of passing them to give them a force; Jt’s wide of the present purpose to engage in any such controversy; and that which the Honorble Court of assistants now in being are best able to resolve.
But that which the County Court grounded theire verdict or Sentence upon was the act of the Court of assistants a Superior Court, who (for reasons best known to themselvs) had forbid mr Hubbard paying of this mony, and order it to bee reserved in his hand on accot of publique charges, and had the County Court admitted a Sute notwithstanding; they would have passed under censure as taking upon them to reverse or act contrary to the orders of a Superior Court: Therefore as this case was circumstanced the County Court did justly deny mr Deane a tryal for which hee had no reason to appeale; But the matter is left to the Judgement of the present Honorble Court, this being humbly offered.
Per yor humble Servant
Jsa Addington
1677
At the Court of Assistants (i. 94) “the plaintiff wthdrew his Accion & was ordered to haue his entry mony wch he had.”]
Dodson agt Phips
Francis Dodson plaint. agt William Phips Defendt in an action of debt for non payment of twenty three pounds Six Shillings and eight pence the one halfe in mony and the other halfe in goods (being the one third part of Seventy pounds) due per covenant under hand and Seale bearing date March. 23d 1676. and paiable unto the sd Dodson when the sd Phips his Cellar was Stoned, which was done before last winter, with other due damages according to attachmt datd April: 10th 1677. . . . The Jury . . . found for the plaintife twenty three pounds six Shillings and eight pence halfe in mony and halfe in goods according to covenant & costs of Court. The Defendt appeald from this judgement unto the next Court of Assistants and himselfe principall in £.26. and Capt Ben: Gillam and Tho: Norman Sureties in £.13. apeice bound themselves respectiuely . . . on condition the sd Wm Phips should prosecute his appeale . . .
[Phips Reasons of Appeal are in S. F. 162170.]
Simpson agt. Salter etc.
Lo: Ammi Simpson who married Elisabeth the Relict of Richard Critchley plaint. agt Jabesh Salter and Nathanael Adams Defendts in an action of the case for not paying the Summe of ten pounds in mony due from them according to the Judgemt of the County Court [433] held at Boston by adjournmt of the Generall Court the. 23d of November. 1675. with all other due damages according to attachmt dated march. 30th 1677. . . . The Jury . . . found for the plaintife ten pounds in mony & costs of Court allowd nineteen Shillings two pence
Execution issued 7th May. 1677.
[See case of the same name in the session of 29 July, 1679, below, p. 1040.]
Goulding agt. Russell
Peter Goulding Father of Mary Goulding plaint. against James Russell of Charlestown Merchant Execr of the last will and Testament of his Father Richd Russell Esqr late of Charlestown decd Defendt in an action of the case for not keeping her nor giving nor paying of ten pounds in mony due to bee paid or given unto her as hee the sd James as Execr aforesd is bound to doe by Instrument or Indenture or writing so called under the hand & Seale of the sd Richard Russell bearing date or made the ninth day of February in the yeare of our Lord. 1670. and also for not teaching nor causeing her to bee taught as Shee should have been taught by virtue of the said Indenture and all other due damages according to attachmt datd April: 5th 1677. . . . The Jury . . . found for the Defendt costs of Court: The plaintife appealed from this judgemt unto the next Court of Assistants & himselfe principall in £.5. and Joseph Smith and Richd Knight Sureties in Fifty Shillings apeice bound themselves respectiuely . . . on condition the sd Peter Goulding should prosecute his appeale . . .
[See Records of Assistants, i. 98.]
Dummer agt Shrimpton etc.
Jeremiah Dummer plaint. agt Samll Shrimpton Admr to the Estate of Theodore Atkinson decd and Henry Deering who married Elisabeth Relict & administratrix of sd Theodore Atkinson Defendts in an action of the case for non payment of twenty three pounds Fourteen Shillings in mony due by bill bearing date the 19th Octobr 1675. under the hand of sd Theodore Atkinson with all due damages according to attachmt datd april. 19o 1677. . . . The Jury . . . found for the plaintife twenty three pound Fourteen Shillings mony according to bill & costs of Court allowd twenty five Shillings two pence.
Proutt agt. Scarlett
William Proutt plaint. agt John Scarlett Execr to the Estate of Capt Samll Scarlet decd Defendt in an action of the case for non paymt of one hundred pounds in mony given by Sr Thomas Temple decd unto Love Gibbons [434] now the wife of the present plaintife being delivered to Capt. Samll Scarlett for the use and benefit of the sd Love Gibbons and received by the sd Scarlett in or about the yeare. 1663. with due interest and all other due damages according to attachmt datd april: 19o 1677. . . . The Jury . . . found for the plaintife one hundred pounds mony & costs of Court, allowed twenty three Shillings and two pence: The Defendt appealed from this judgement unto the next Court of Assistants and himselfe principall in £.100. and Nicholas Paige and William Coleman Sureties in £.50. apeice bound themselves respectiuely . . . on condition the sd John Scarlett should prosecute his appeale . . .
[The following agreement is on file in S. F. 1582.3:
Whereas it was agreed Betwene mr John Scarlett of Boston & William Proutt, of Boston aforesaid, vizt, that the Said William Proutt should haue one Quarter part of Such part of the Estate of the late Capt Samll Scarlett: which was not mentioned in his Last will, which accordingly J whose name is vnderwritten, doe acknowlidge to haue Reced one fourth part of all Such goods which as yet appeared, also Doe acquitt & discharge mr Jno Scarlet, of & from the Same, as also from all Such Estate which was disposed of before the Death of the late mrs Mary Scarlet, Provided, that mr John Scarlet shall deliuer vnto me a Quarter part of Such Estate, which was not willed as aforesaid, which shall hereafter Come to Light, as Wittnesse my hand this Twelfth Day of December 1676
William Proutt
Wittnesse: Joseph Proutt
Thomas Kemble
This (S. F. 1582.7) is one of several depositions to the same effect:
The Deposition of Timothy Proutt Junior aged Thirty three yeares or thereabouts, Testifyeth and Saith, that about Six yeares Since, Sr Thomas Temple Came accidentally to the Said Deponents house, & there asked of him, whether his brother William were going to be married to Loue Gibbons & J told him, J thought he was, & he said he was glad of it, and that he had given her One hundred Pounds, & that Capt Samuell Scarlet had it, in his hands Severall yeares to be Jmproved for her, & further Saith not
Sworn to in Court this 24th Aprill 1677
as attests Jsa Addington Cler
The case was appealed to the Court of Assistants (Records, i. 95), where the former judgment was confirmed.]
Proutt agt. Scarlett
William Proutt Attourny to Captn Thomas Tinner of Burmoodos plaint. agt John Scarlett Executor to the Estate of Capt Samuel Scarlett decd Defendt in an action of the case for non payment of ten thousand five hundred Fifty and Eight pounds of Nevis Tobacco which is due upon Forfiture of a bond bearing date. April: 10th 1650. for not paying two thousand five hundred Seventy & nine pounds of sd Nevis Tobacco nor the produce thereof which is due by sd bond with all other due damages according to attachmt datd April: 19o 1677. . . . The Jury . . . found for the Defendant costs of Court.
Lttherland agt Hudson
Wm Lytherland plaint. agt Capt Wm Hudson Defendt The plaint. withdrew his action.
Hutchinson agt Atherton &a
Elisha Hutchinson Elisabeth Winslow Anne Dyer and Susanna Hutchinson Executors to the last will & Testament of Capt Edward Hutchinson decd plaints agt Jonathan Atherton Timothy Mather, James Throbridge & Obadiah Swift in behalfe of themselves the widdow and the rest of the Children admrs to the Estate of major Humphry Atherton decd or either of them Defts in an action of the case for not paying the summe of four pound five Shillings and nine pence due by booke & all other due damages according to attachmt datd Febr 13o 1676. . . . The Jury . . . found for the Defendt costs of Court pd six Shillings. [435]
Vsher agt. Shapleigh
John Vsher plaint. agt Major Nicholas Shapleigh Deft in an action of debt for thirteen pounds in mony due by booke with interest and other due damages according to attachmt datd April: 16o 1677. . . . The Jury brought in a special verdict i. e. if an order under a mans hand without being attested to bee a sufficient Evidence then wee finde for the plaint. thirteen pounds mony & costs of Court, if not wee finde for the Defendt costs of Court. The Magistrates upon perusall of the papers and consideration of this verdict finde for the plaint. thirteen pounds mony & costs of Court.
Sandiford agt Parrick
Henry Sandiford plaint. agt John Parrick Defendt The plaint. was nonSuted in failure of process.
Lidgett agt. Paige
Charles Lidgett plaint. agt Nicholas Paige Deft in an action of debt of two hundred Forty three pound two Shillings good and currant mony of New-England due by bond under his hand & Seale bearing date the. 20o of July. 1676. with all other due damages according to attachmt datd April: 18o 1677. . . . The Jury . . . found for the Defendt costs of Court.
Bass agt Belcher
Samuel Bass Senior plaint. agt Joseph Belcher in an action of the case for witholding a debt of four pounds ten Shillings or thereabout due for Malt received by the sd Belcher with all other damages according to attachmt datd March. 16o 1676/7. . . . The Jury . . . found for the plaintife four pound ten Shillings & costs of Court allowd twenty Shillings.
Execucion issued april. 30o 1677.
Cane agt. Cane
Margery Cane plaint. agt Jonathan Cane Executor to the last will and testamt of Ruth Johnson decd Defendt in an action of the case for refuseing to pay the summe of twenty pounds due to her as a legacy given her by Ruth Johnson as appeares by her last will and testamt bearing date. April. 3d 1676. of which will the sd Jonathan Cane is sole Exec with all other due damages according to attachmt datd april: 14o 1677. . . . The Jury . . . found for the plaintife twenty pounds according to will and costs of Court. The plaint. giving Security if the heire appeare & recover it back by law to bee accomptable for it. costs. £.01:5:2.
Execution issued 19o Febry 77. bond on file with the case.
Cane agt. Cane
Esther Cane plaint. agt Jonathan Cane Executor to the last will and testamt of Ruth Johnson decd Deft in an action of [436] the case for refuseing to pay her the summe of thirty pound in mony due to her as a Legacy given her by Ruth Johnson as appeares by her last will and testamt bearing date. April. 3o 1676. of which will the sd Jonathan Cane is sole Execr with all other due damages according to attachmt datd april: 14o 1677. . . . The Jury . . . found for the plaint. thirty pounds mony and costs of Court: The plaint. giving Security if the heire appeare and recover it back by law to bee accomptable for it. costs £.01:5:0
Execution issued. 19o Febry 77. bond on file with the case.
[Esther Cane and the Johnson property are referred to in S. F. 4692.2.]
Davis agt. Hathorn
Benjamin Davis attourny of Abraham Jesson of London plaint. agt Eleazer Hathorn of Salem Deft in an action of the case for non payment of One hundred and Eighty pounds good and lawfull mony of England as may appeare to bee due by a bond under sd Hathorn his hand and Seale datd July. 26o 1675. with all other due damages according to attachmt datd april. 12o 1677. . . . The Jury . . . found for the plaint. the Forfiture of the bond one hundred and Eighty pounds lawfull mony of England and costs of Court allowd twenty five Shillings 2d
Execucion issued June. 11o 1677.
Gilbert agt. Matson
John Gilbert plaint. agt Thomas Matson prison keeper of Boston Defendt in an action of the case for not keeping in safe custody the person of William Obison who was committed to him by Execution upon accot of sd Gilbert, but releasing him sd Obison without consent either of authority or the person concerned who is the aforesaid Gilbert; neither paying the sd Gilbert the summe of mony for which sd Obison was by Execution committd to prison which was to the value of twenty three pounds in mony or thereabouts whereby the plaintife is damnified to the value thereof with all other due damages according to attachmt datd March. 31o 1677. . . . The Jury . . . found for the plaint. twenty two pounds sixteen Shillings two pence mony and two Shillings damage & costs of Court allowd 28s
Execucion issued april. 28o 1677.
[Obison, having suffered fine and imprisonment for throwing out the spoiled hides belonging to his fellow-tanner, John Gilbert (see Gilbert v. Obison, above, p. 738), attempted to take it out of Hill, the official scavenger of Boston, who had actually destroyed the hides in question. He sued Hill at this court in the January session, 1680/81, and obtained a judgment for 20l. The defendant appealed, offering as one of his Reasons of Appeal (S. F. 1956.4) that what was done in removing the leather was by specific order of the Boston selectmen. But the Court of Assistants (Records, i. 180) upheld the former judgment. Various papers for the case are in S. F. 1956.3–12.]
Arnall agt. Hardman
William Arnall plaint. agt John Harding alias Hardman Defendt in an action of the case for not performing of a bargain made last summer concerning the coleing of ten cord of wood to bee done by sd Harding for the plaint. and deliurd but is not according to bargain whereby the plaintife is damnified about the value of twenty pounds with all other due damages according to attachmt datd april. 18o 1677. . . . The Jury . . . found for ye plt seven pounds damage & costs. 30s 2d
Execution issued april. 26o 1677. [437]
Brattle agt. Knight etc.
Captn Thomas Brattle plaint. agt Richard Knight admr to the Estate of John Paine decd and Oliver Purchis or either of them Defendts according to attachmt datd april: 18o 1677: The attachmt being read mr Knight objected agt the proceeding, for that hee was put in by the Court to administer in behalfe of all the Creditors and Commissionrs were appointd for the receiving of the claimes of the Creditors to that Estate and mr Brattle refuseing to proceed agt mr Purchis severally The Court granted a nonSute: The plaint. appealed from this judgemt unto the next Court of Assistants & himselfe principall in ten pounds, & mr Peter Bracket & Daniel Turell Senior Sureties in £.5. apeice bound themselves respectiuely . . . on condition the sd Brattle should prosecute his appeale . . .
[Among the papers filed with this case is the original bond by John Paine and Oliver Purchase, dated 30 January 1667, to pay Thomas Brattle 220l in case they do not deliver “fiue tunns & halfe of Good barr yron” to him (S. F. 1637.9); and also the following (S. F. 1637.5):
Thomas Brattle his Reasons of Appeale from the Judgemt of the County Court held in Boston the 24th of Aprill 1677: Jn an action by him brought against Richard Knight Administor to the Estate of John Paine Deceased and Oliver Purchas or either of them
1st Because contrary to Law and practice of the same Court (where the Judges have beene unconcerned) the plaintife was denyed proceedings against Richard Knight as administr afforesd or the Estate under his Administracion: Whereas mr Penn Townsend haveing at a County Court not long before by the same Judges proceedings granted against the Estate of Theoder Atkinson deceased: although the Same pleas were offred as a barr: which the sd Mr Knight presented: the Honord Goverr then declaireing that the Committee were appointed to receive the claimes but not impowred to Order Satisfaction to the Creditors and that he that could first obtaine Judgemt ought first to have Satisfaction: according to which assertion; Presedent, and common Reason: (there being then no Law to the Contrary) the appealant ought to have had Judgemt and Execution granted as well as the sd Townesend in his case afforementioned: as also the practice of the County Court at Jpswitch in a case betweene mr Winthrop and the sd Knight as administor afforesd: when sd Winthrop was denyed proceeding at the County Court in Boston: yet there had Judgemt and Execution granted him on the Estate of the Said John Paine: there being no Law to hinder him; or the said Appellant
2ly Because the Appellant conceives that sundry of the Judges are Creditors to the Estate of the said John Paine: And so could not permitt the Appellant: due Legall proceeding, but to the prejudice of their owne Jntrests: and Diminution of the satisfaction that they Expected from the said Estate: if the same should prove insolvant
And therefore contrary to our first fundamentall Law: which Sayth: that no person shall suffer either in his person or Estate unless by vertue of some Express law: &c: The Plaintife refuseing to remitt his Sute to the Said Estate he was Nonsuted & so Justice contrary to Law deferred
All which the Appellant humbly leaves to Consideration craveing that he may be permitted to proceed in his case now and have Judgemt as he ought to have had at the County Court and that he may not be barred by a Law which then had no being: to which Law after he hath had due proceedings by Judgemt and Execution he shall so farr as obliged reddyly Subject his Jntrest: who is
Yor Honors humble Servt
Tho: Brattle
These Reasons were received Augo 30th 1677
per: Jsa Addington Cler
The jury of the Court of Assistants (Records, i. 100–101) found for Brattle “the forfeiture of the bond of two hundred and twenty pounds sterling according to bond & Costs of Courts,” but it was also ordered that no judgment should pass nor execution be granted against Knight as administrator until there should have been an orderly division of the estate “among the creditors thereto as the law hath provided refferring to non solvent estates.” This law had just been passed at the May session, 1677; it will be found in William H. Whitmore, The Colonial Laws of Massachusetts, reprinted from the Edition of 1672, with the Supplements (1887), p. 250.
Shortly afterwards we find the following entry in the Records of the Court of Assistants (i. 103):
Whereas Captaine Thomas Bratle contrary to lawe in his reasons of Appeale presented & by him owned in this Court in prosecution of his Appeale against the Administrator to the estate of John Payne doth highly reflect vpon the Honor of the County Court of Suffolke that barred his plea & granted non suite as donn wholly vpon self Interest & for the obteinment of their owne claymes and contrary to law and this after this Courts sence given thereabouts and time Allowed him for a Just resentment thereof which yet by his petition he rather deffends then otherwise The Court doth therefore sentence him to be dischardged from his Comission as Comissioner in the Towne of Boston & pay one hundred pounds mony & stand comitted vntill his sentenc be performed
The following undated petition of Thomas Brattle (S. F. 1637.4) seems to follow this action:
To ye Honrble ye Court of Assistants The Humble Petition of Thomas Brattle
May it please yor Honrs to Consider That in all Circumstances Mr Pen Townsends Case & his were Parrelell as yor Petitionr & many others humbly Conceive
1t The one Sues ye Admrs & Surety & soe doth ye other
2d It is pleaded agt Pen Townsend yt ye Estate was Jnsolvent & soe it proves But it could not hinder his proceedings Answer being made yt if Atkinsons Estate were Jnsolvent Mr Shrimpton ye Admr was Sufficient
3d As in one case it was pleaded yt a Committee was appointed to Receive ye Clayms soe was it pleaded in ye other
Wherefore yor Petr humbly Conceives He might Safely bring ye County Court a prsident of their owne soe lately passd or without offence or Suspition of Refle[x]ions & Jnsist vpon ye same heer And Whereas yor Petr in his Reasons Seems to Reflect vpon ye Judges as Credrs & persons Concerned the Law forbids Relacions to Common Reason partyes Concerned to be Judges of Another mans Case, & Such Reasons have frequently been given and Exeptions agt Judges & Judgmts without offence to ye other Judges But if in ye manner of Expression anything hath Escaped yt is Justly Grievous to any of ye former or prsent Judges J Crave yt my words may have a Candid Jnterpretacion my Jntencion being onely to Vindicate my Cause not to Asperse ye Judges whom J am obliged to honr
But if my offence seems such as may merit further Animadversion or any Juditiall Sentence My humble desire is yt my Charge may be Legally formed & Reasonable time Given for my Defence & ye Matter of Fact According to Law Committed to A Jury for Tryall — & yor Petr shall Ever pray &c
Tho Brattle.
By August 9, 1680, Thomas Brattle was again serving as Commissioner of the Town of Boston (Records of the Court of Assistants, i. 168).]
Lidgett agt Tucker
Elisabeth Lidget widdow Executrix to the last will and Testament of Peter Lidget late of Boston plaint. agt Francis Tucker Defendt in an action of the case for refuseing quietly to give possession of one halfe part of the pinke Prosperous of Piscataqua formerly belonging to William Bickham but since unto the sd Peter Lidgett by virtue of a bill of Sale as may appeare with all other due damages according to attachmt datd March. 30o 1677. . . . The Jury . . . found for the Defendt costs of Court allowd thirty four Shillings and eight pence.
Presson agt Gannet
Daniel Presson Senior plaint. agt Matthew Gannet junior Defendt The plaint. withdrew his action.
Newcomb agt. Wardell
Andrew Newcomb plaint. agt James Wardell Deft in an action of the case for that the sd Wardell refuseth to pay one third part of a fine of Fifteen pound & fees of Court; which the sd Newcomb was Sentenced to pay at the Court of Assistants in. 7br last for running upon a small boate wherein was severall worthy Gentlemen in which action the sd Wardall was equally concerned being sd Newcombs mate and with him at the same time upon equall shares as abovesd and yet refuseth to pay part of the fine whereby the sd Newcomb is damnified above five pounds in mony with other due damages according to attachmt datd Febr 6o 1676. . . . The Jury . . . found for the Def costs of Court allowd Seven Shillings and four pence.
[See Newcomb’s Sentence, above, pp. 695–7.]
Orchard agt. Gilbert
Robert Orchard plaint. agt William Gilbert Defendt in an action of the case for not paying the summe of twelue pound the sd Gilbert was obliged to pay unto the sd Orchard [438] in mony or worke to the value thereof & all other due damages according to attachmt datd February. 7o 1676. . . . The Jury . . . found for the plaintife Six pound four shillings mony or worke to the value thereof and costs of Court allowd twenty nine Shillings and four pence.
Execucion issued pro May. 1677.
[S. F. 162161
To ye honrble ye Court of Assistants
The humble Petition of Robert Orchard Feltmaker Humbly Sheweth
That yor Petr haveing Jn England entertained a Servt named Wm Gilbert to Serve him Jn New Engld in his Trade & Calling for two years & hath been att great Charge to Remove & Transport his sd Servt & [torn] from Engld And After some time of Service heer his sd Servt being [torn] by Evill Councellors absented himselfe from his Jmploymt: And vpon yor [torn] Address & Complt To ye Honrd Governr his Honr saw Cause if yor Petr had not Jnterceeded & Remitted his Servts Delinquency to have Committed him To Prison However ordered him vpon his perill to Retume to yor Petrs Service Notwithstanding all which ye sd Servt Regarded not ye Governrs Commands nor his owne Duty but Absented himselfe for some Considerable Space from yor Petr (and as hee was Jnformed) Jndeavoured to Transport himselfe for Jamaica Wherevpon yor Petr To prevent his Escape & to Recover Reparacion by some Addition of time for his Damage by ye neglect of his Service & Extraordinary Charge vpon him by Attachmt Committed him To prison Where by ye Countenance & Supply of some Contentious persons hee hath Sett vp & practices his Trade refuseing to retume againe To yor petrs Jmployment.
Yor petr Therefore humbly Commends yo matter to yor Prudt Consideracion & of what ill Consequence it may bee yt ye place yt is appointed to restraine & punish Refractory Servts should bee Jmprooved for their freedome and Advantage & to ye punishmt & Jnjury of their Masters And humbly Craves yor Just Sentence for his Redress & The prevention of ye like pernitious practices for ye future
And yor petr Shall ever pray
Robert Orchard
[Endorsed:] orchards petition 13. mrch 1676]
Rock agt. Hudson
Joseph Rock plaint. agt Captn William Hudson Defendt in an action of debt of nine pounds Sixteen Shillings in mony due by bill under his hand bearing date march. 18o 1674/5. with all other due damages according to attachmt datd april: 17o 1677. . . . The Jury . . . found for the plaintife nine pound Sixteen Shillings mony according to bill and costs of Court Fifteen Shillings.
Execution issued. 16o April. 1678.
Clarke etc. agt Willys
Thomas Clarke of Boston merchant & Mary Lake Executrix of Tho: Lake decd plaints agt Edward Willys Defendt for his detaining one hundred Sixty Six pounds Eleven Shillings & five pence mony it being for the value hee received for theire part of Moose and Beaver which hee sold of theires & promised to bring the mony in January last and due damages according to attachmt datd april 19o 1677. . . . The Jury . . . found for the Defendt costs of Court.
Yardley agt Boden
John Yardley plaint. agt. John Boden Defendt The plaint. nor his attourny appearing. The action was nonsuted.
Walley agt. Waite
John Walley plaint. agt. Return Waite Marshalls Deputy Defendt in an action of the case for that hee the sd Return Waite underpretence or colour of his office served or extended an Execution bearing date Febr 13o 1676/7. granted to mr John Saffin by virtue of a judgement of the County Court holden at Boston in January last; which Execution was granted agt the Estate or person of Jacob Jesson for thirteen pounds according to Lease, and for want of the Estate or person of sd Jesson against the Estate or person of John Walley his Surety; and although hee the sd Return Waite wanted neither the Estate of sd Jesson or sd Walley for Satisfaction of sd Execution but both or either were tendred him by sd Walley; with mony for charges of Court & Execution; yet hee the sd Waite refused the Satisfaction tendred & extended sd Execution upon the person of sd Walley contrary to Law & committed him the sd Walley to prison where hee was severall dayes [439] illegally imprisoned by sd Waite, all which is to the sd Walley’s very great damage according to attachmt datd april: 11o 1677. . . . The Jury . . . found for the plaintife Fifty pounds mony damage & costs of Court allowd Forty five Shillings & ten pence. The Defendt appeald from this Judgement unto the next Court of assistants & himselfe principall in one hundred pounds & John Saffin and Richd Knight Sureties in £.50. apeice bound themselves respectiuely . . . on condition the sd Return Waite should prosecute his appeale . . .
[This case arose out of the execution issued by the Court in the case of Saffin v. Jesson, above, p. 774.
S. F. 1584.3
Joshua Winsor & Jsaack Walker, aged Twenty Eight yeares or thereabouts Testifie, that vpon the Twentieth of February Last past, being desired by John Walley, went with him & Returne Waite to the warehouse, of Jacob Jesson, where Said Returne Waite Marshals Deputy demaunded of Said Walley, Thirteene pounds in money, for Sattisfaction of an Execution, granted to mr John Saffin against the Estate or person of Jacob Jesson, and for want of the Estate or person of sd Jesson, against the Estate or person of John Walley his Surety, whereupon he the Said Walley tendred to Said Returne Waite, Silke lace gimp lace, broad cloth Stuffe and Sarge and Siluer buttons, which he declared to be the Estate of Jacob Jesson & tendred it to the Said Waite in Sattisfaction to the Execution aforesaid, & told the Said Waite if he would attend the Law, for the apprizement of Said goods he was ready on his part to attend it, Said Waite then Said, he would take nothing but money, Said Walley then tendred unto him Corne, yt he Said was the Estate of Jacob Jesson: & told him he might take to the full Sattisfaction of his Execution, out of that, & he the Said Walley tendred the sd Waite also in money for Charges of Court which we told, Twenty nine Shillings & Tenn pence, & Two Shillings in money more for the Execution, & told him he had money there, that if there were other Charges he would pay it, Said Returne Waite againe Said, that he would haue money for the whole, or else he would take his person, The Sd Walley told him, he was not to medle with his Estate, or person, but for want of Estate or person of Said Jesson which was not wanting, & that he ought not to a refused it, but yet he told him that as his owne Estate he tendred a parcell of kersys & Cotton, which he Showed, & told him he might Sattisfie his Execution out of that, & then againe, tendred the Charges in money as aforesaid, & wee testifie that either of the parcels of goods tendred, were in our Judgments of more vallue, then the Summe mentioned in the Execution, but he the Said Waite Said he would haue all money, & refused all the offers made, & Extended Said Execution vpon the person of Said Walley. . . .
Taken vpon oath this 24th of Aprill 1677
Before me Tho. Brattle Commissr
S. F. 1584.4
Thomas Mattson prison keeper in Boston, aged forty three years or thereabouts, Testifieth, that vpon the 20th Feb. last, John Walley was deliuered prisoner vpon Execution, by Returne Waite Marshals Deputy which Execution was granted to mr John Saffin, for Thirteene pounds, according to lease, on which Execution Said Walley remained a prisoner foure dayes, in which time he made me Severall offers in order to his discharge, but J told him J Could not let him goe, without he left money to Sattisfie mr Saffin, Said Walley told me, he did not thincke the law obliged him to pay money, he then tendred me for Sattisfaction a parcell of English goods to the vallue of Sixteene pounds or vpwards out of which by legall apprizement he told me J might Sattisfie Said Execution, & laid downe money for Charges of Court Execution & marshalls: fees. J told him J must have money he Said then if there was no other way but he must buy his liberty, he must do it, for his businesse was Such, he Could not lye there whereupon that he might be discharged he left with mee, besides the goods abouesaid, & money for Charges as aforesaid, Thirteene pounds in money, but Said it was the goods he left for Sattisfaction of Said Execution, but not the money for that he Left, because of his necessity to goe about his occasions, & the goods Said Walley left are still in my Custody, whereupon havinge paid the Charges for his accomadation & fees of prison, was lett out of prison,
Taken vpon oath the 24th of 2d monthe 1677
Before me Anthony Stodderd Commissr
The Court of Assistants, on appeal (Records, i. 99–100), “found for the plaintiffe an Abatement of the former Judgment to thirty pounds in mony & Costs of Court.”]
Norman agt. Skinnar
Thomas Norman Attourny to William Waldron plaint. agt James Skimnar Defendt in an action of the case for unjustly and without order Seizing & detaining a parcell of goods and wares or merchandize in august last at Damaris cove in the house of William Waters whereby the plaintife or his principall is damnified the value of twenty pounds in mony or thereabout wth all other due damages according to attachmt datd april: 3d 1677. . . . The Jury brought in a speciall verdict i. e. if goods that are removed & secured from the common Enemy may bee legally said to bee unjustly Seized or detained, then wee finde for the plaint. the goods in controversy according to Accot given in & costs of Court; if not wee finde for the Defendt ten Shillings in mony for securing of the goods & costs of Court. The Magistrates upon consideration of this verdict & perusall of the Evidences finde for the Defendt The plaintife appealed from this Judgemt unto the next Court of assistants & himselfe principall in three pounds & William Waldron & Wm Rawson Sureties in thirty Shillings apeice bound themselves respectiuely . . . on condition that the sd Tho: Norman should prosecute his appeale . . .
[Among the several depositions on file in S. F. 1635, the three here printed sufficiently explain the facts. They are followed by Waldron’s Reasons of Appeal and Skinner’s Answer. The Court of Assistants (Records, i. 96) upheld the lower court and awarded 35s 2d costs to Skinner.
S. F. 1635.6
The deposition of Abraham Milman aged about 30. yeares and of John Roe aged about 35. yeares who Saith that they being at Damaris Cove sometime in august last past when the Jndians cut off the English in those parts and burn’t theire houses and the rest fled and hastned every Boate as they could to get away and there being left onely our Boate and James Skinners Boate at the sd Damaris Cove, the sd James Skinner adventured his life and went to one William Waters his house, to take care to secure some of his freinds or relations that were in the house, and seeing some goods hee brought them away also and Secured them and forthwith come away with his Boate, and these deponents do further Say that if the sd Skinner had not taken those goods and brought them away, they had been a prey to the Jndians for hee nor any else durs’t adventure to go to the house a second time and further Saith not.
Taken upon Oath. 23. 2mo 1677
Before me. Wm Hathorn assist
Vera Copia attestr Jsa Addington Cler
S. F. 1635.9
Abigail Waters aged .23. yeares or thereabout testifieth and Saith that Will: Waldron was at my husbands house the last Summer and did hire a Chamber of him to put his goods in and when Will: Waldron went to Boston hee left three barrells of Tobacco, two Ruggs some Duffals hatts Kearsy and other goods in the house and in his Chamber that hee had hired, and further Saith that William Waters my husband gave the sd Skinner order not to meddle or take any of William Waldrons goods but to lock the dore and give the key to some of John Selmans family and further Saith not.
Sworn in Court. April: 25o 1677.
as attests Jsa Addington Cler.
S. F. 1635.8
The deposition of Tomasin Gover aged about. 37 yeares and of Richard Skinner aged. 16. yeares. who Saith that one William Waldron came to James Skinner where hee Sojourned at Marblehead to demand some goods of his (as hee said) that the sd Skinner brought from Damaris Cove when they fled from the Jndians; the said Skinner said what goods hee had saved from the Jndians and brought with him, that were his the sd Waldrons hee would deliver him provided hee would give him Satisfaction for his preserving of them; but Waldron would not promise him anything but would have him stand to his courtesy so they agreed not.
Taken upon Oath. 23. 2mo 1677
Before me. Wm Hathorn Assist,
S. F. 1635.4
William Waldron his Reasons of Appeal, from the Judgment of A County Court, held in Boston Aprill ye 24th 1677. which Judgment was Given vpon an Action, There Commenced by his Attorny, Thomas Norman
first it plainly appears, that the Appealants Goods sued for, was left in his own Chamber, which he had hired, And also that the Defendant was forewarned, and possitively ordered, not to meddle with the Appealants Goods at all, by the testimonyes of Elizabeth Arthurs, and Abigail Waters, yet notwithstanding he took away Seized, and Detaineth, the Appealants Goods, as by ye testimonyes of John Silman, William Hobby, and his own Account, may appear As also by Milman and Roes Oath which testifye, yt the Defendant took away the Appealants Goods, And yt all the Reason why he did take them, was because he Saw them there. Yet the Appealant is Cast by the said Judgment, to pay ten shillings mony, and Costs of Court for Saving his Goods, And yet no order is granted yor Appealant, to demand his Goods Wherefore he Appealed, to this Honrd Court of Assistance for Reliefe
Secondly it appeareth there was nothing Due to the Defendant for Salvage, because he he putt himselfe upon the work to take my Goods without my Leave, nay though he was forbid, to meddle with them yet he took them, wch J humbly Conceive was very vnreasonable and Especially in yt he did not make me Acquainted with what he had done, till J found Some of my Goods, in his house, and upon his Back. Also by the testimonyes of Elizabeth Arthurs and Abigaile Waters may appear yt he was ordered, to Lock the Dore and to leave the key with John Silman a neighbour, but he brought Goods and key and all away because he saw the[m] as by ye oathes of Milman and Roes may appear, So yt J hope it plainly appears my Due to have my own said Goods againe and Costs, or the true value thereof; To Attaine which J Appealed to this Honrd Court, and am yor Honors humble Servant
Will Waldron
These Reasons were Received from the hands of William Waldron Augo 25o 1677.
per Jsa Addington Cler
Iames Skinner his Answer to William Waldren his Reasons of Appeal now presented to the Honrd Court of Assistants
First To his first Reason I answer that whereas he saith the goods sued for were left in his own chamber he had hired; to that I say I knew neither whose goods they were nor who had hired the Chamber And whereas he saith I was forewarned and positively ordered not to meddle with them I utterly deny his Assertions I not being forbiden nor ordered by any person about them but hearing of the distress the people there were in I adventured my life for thier relief and being there thought it my duty and an act of Charity to save and secure both persons & Estates as far as I could to my power which I did; amongst which this small parcell in controversy which William Waldron at his returne to Marblehead laid claime unto at which I rejoiced being desireous every person should have his own & accordingly on his demand I tendred him the goods in Controversy provided he would pay me what was meet for saving of them which he refused And for his complaint that he was per that Iudgment Cast to pay ten shillings & costs of Court it is his own fault for if he would have paid me any small Reasonable sum for saving of the goods I should have gladly delivered them to him so that he might have saved yt Charge or had he now submitted to the righteous Iudgment of the Court Appealed from it would have saved this trouble both to me & himself and he might have had his goods & improved them as he pleased but being thus Causlesly troublesome I hope the Honrd Court & Iury will see cause to Confirme the former judgment and allow me something Considerable for my time & Expence it now being a busy season for us fishermen
2 To his Second Reason I answer whereas he saith there is nothing due for Scalvage because he put him self on the work I hope the Honrd Court And Iury will be satisfyed by my first answer in reference to my call to put in there at that time and to do my Endeavour to save and secure what I could of the persons & Estates of my friends and Countrymen And whereas he saith I was forbidden I deny it as before and whereas he saith I did not make him acquainted with what I had till he found some of his goods in my house and on my backe I answer I knew not whose they were therefore could not acquainte him that they were his and in that he saith he found some of them on my back I utterly deny it, & Whereas he saith I was ordered to lock the door and to leave the Key wth Iohn Silman but brought away the key & goods too it is not true for I had no such ordr neither did I see any key or bring away any but that I adventured my life to save what I could in that juncture of time when the Enemy was upon them and what I did save of his I was ready and willing to deliver to him upon the termes aforesaid all which did appear to the Court appealed from and will I hope appear to this Honrd Court & Iury who I doubt not but will do me Iustice in the Case to whom I comitt the result thereof and Subscribe
Yor Worspps humble servt
James skinner]
Baker agt. Marshfeild
John Baker plaint. agt Samuel Marshfeild Defendt The plaint. withdrew his action and the Court ordered his entry mony to bee returned him.
Turill agt. Phips
Daniel Turill junior plaint. agt. William Phips Deft in an action of debt of thirteen pounds nine Shillings in mony due to sd Turell as shalbee made appeare by sufficient Evidence with all other due damages according to attachmt [440]. . . . The Jury . . . found for the plaintife thirteen pound nine Shillings mony and costs of Court.
Clarke agt Yale
Thomas Clarke of Boston merchant plaint. agt David Yale Defendt in an action of the case upon accot for witholding of a debt of about two hundred pounds, with forbearance and other due damages according to attachmt This action being continued from the last County Court and the accot referred to an audit: and being now called . . . The Jury . . . found for the plaintife one hundred Forty five pound thirteen Shillings four pence halfe penny ballance of account & costs of Court thirty Shillings and nine pence.
Execution issued May. 7o 1677.
Freemen Sworn
Benjamin Emmons of Boston and John Holton of Dedham both tooke the Oath of Freedom.
Peter Negro Sentenced
Peter Thomas Batts Negro convict of assailing James Lendall, and his Sons in the highway as they were about theire lawfull occasions: The Court Sentenced him to bee severly whip’t with twenty Stripes and to pay charges of prosecution and fees of Court standing committed &a
Man Sentenced
John Man complained of by Judith Platts his Servant for wanton and lascivious carriages towards her & cruell beating of her: The Court having heard & considered what was alleaged and proved agt him Sentenced him to give in bond with Sureties of two hundred pounds for his good behavior untill the next Court of this County and to pay charges of prosecution and fees of Court standing committed &c. as also to discharge Judith Platts of the prison; and the Court declare her to bee free from her Jndenture.
Hollis Sentenced
John Hollis of Weymouth presented upon suspition of killing other folkes Sheepe in a felonious way: The Court having heard & considered of what was alleaged & proved against him Sentenced him to bee whip’t with twenty Stripes and to pay charges of prosecution & fees of Court standing committd &c. as also to pay the Constable his charges in bringing him and his wife to Boston upon theire running away before they had fulfilled the order of the Court.
Hollis Sentencd
Elisabeth Hollis wife of the sd John Hollis presented for abusive carriage to her Sister the wife of Richard Rust to the hazard of her life; also upon suspition of killing other folkes Sheep in a felonious way: The Court having heard and considered of what was [441] alleaged and proved against her, Sentenced her to bee whip’t with thirty Stripes, twenty at Boston and ten at Weymoth a fortnight after and to pay charges of prosecution & fees of Court standing committed &c.
Kingsbury Fined. 40s
Eleazer Kingsbury and Judith his wife formerly Judson convict by theire own confession in Court of committing Fornication before marriage: The Court Sentenced them to bee whip’t with Fifteen Stripes apeice or to pay Forty Shillings in mony fine to the County and fees of Court standing committed &c.
Simmons Fined. £.8.
Robert Simmons convict by Jndian accusation & his own confession in Court of buying a quart of Rum and delivering it to Joseph an Jndian in two quart bottles which were filled up with water. The Court Sentenced him to pay Eight pounds in mony fine to the County according to Law and fees of Court standing committd &c.
[S. F. 1590
To the Right Honorable John Leveret Esqr Governor And the Honord Generall Court now Sitting in Boston, the Humble Petition of Robert Symons Servant to Mr John Conney
Humbly Sheweth
That where as yor poore Petitionr, Being a stranger in this Country & not acquainted with yor wholesome lawes, was Justly Adjudged vpon the twentie fourth of Aprill last past, in A senten[ce &] fyned Eight pounds by the Honord Countie Court, for Selling of Lyquor to an Jndjan which was Contrary to Law, for which J am very Sorrey, And J make bold to beseech yor honors, to take into yor most wise Consideration that thereby, J may finde & Receiue Some favour from you, that if yor Honors See meete my fyne may be remitted or Some part thereof, otherwise J am Lyable to be Longer a Servant to my master Conney, then by Jndenture J am now bound So hopeing yor honors, will accept of this my humble Petition & grant my request, you will as J am in dutie bound & obleiged for yor honors prosperitie foreuer to pray,
So J am yor humble Servant
Robert simmons
Dated in Boston the 25th of May 1677
The Deputy[s] Doe not Judge meete to graunt this pet, wth refference to the Consent of the Honord magists hereto
William Torrey Cleric.
Consented to by ye magists
Edwd Rawson Secret]
Miriam Negro Sentencd 40s
Miriam Negro Servt to John Pynchon junr convict in Court by her own confession of committing Fornication & having a bastard Childe, Shee chargeing one Cornish an English man to bee the Father of it: The Court Sentencd her to bee whip’t with ten Stripes or to pay Forty Shillings in mony fine to the County and Fees of Court standing committd &c.
Marea Negro Sentencd
Marea Negro Servt to mr Simon Lynde convict by her own confession in Court of committing Fornication and having a bastard Childe: The Court Sentencd her to bee whip’t with ten Stripes or to pay Forty Shillings in mony fine to the County standing committed &c.
Belchers bond forfitd £.20. pd
Joseph Belcher convict by sundry testimonies & his own confession in Court of keeping company with Waitstill Spur after his being cautioned by the Court and since the time of his being bound to his good behaviour especially to forbeare her company: The Court declared his & his Sureties bond of £.200. to bee Forfited and Sentence him to remain in prison untill hee Satisfy the sd Forfiture and pay fees of Court: Upon his humble petition The Court ordered his Release upon the payment of twenty pound in mony down and respit the Execution of the Remainder.
Spur Find £.10
Robert Spur convict in Court of suffering Joseph Belcher to have recourse to his house and to keepe company with his daughter Waitstill after the Court had cautioned him thereof: The Court Sentenced him to pay ten pounds in mony fine to the County and fees of Court standing committd &c.
Sandiford to Casey
Henry Sandiford personally appearing in Court april. 24o 1677. confessed judgement agt his Estate & person to John Casey of Boston for Fifteen pound ten Shillings mony
Execution issued. may 7th 1677. [442]
Hall to Harrison
Ralph Hall personally appearing in Court. 24o April. 1677. acknowledged judgement against his Estate & person unto William Harrison for Seven pound Sixteen Shillings nine pence in mony.
Execution issued. april: 25o 1677 @
Sanford to Wheeler
Sarah Sanford Executrix of the last will of her late husband John Sanford decd personally appearing in Court April: 25o 1677. confessed judgement agt her Estate and person unto Captn Timothy Wheeler for Fifty pounds to bee paid in mony according to bill on file.
Execution issued. may. 7o 1677.
Order to Hingham Selectmen
Upon complaint made to this Court by Captn Joshua Hubbard of Hingham that the Select men of theire Town had rated him for an Estate which was then out of the Country: The Court Orders the Select men to give him releife therein or otherwise to appeare before the Court to shew a reason for theire so doing.
Wood his Guardian
Eleazer Wood Son of Nicholas Wood late of Boggastow appearing in Court made choise of Ensigne Samuel Bullen of Meadfeild to bee his guardian; which hee accepted & the Court approved of: And the sd Bullen acknowledged himselfe bound in Court unto the Treasuror for the County of Suffolke in Six hundred pounds for the faithfull discharge of his trust according to law and for the payment of the sd Eleazer his portion when hee comes of age.
Minot his Estate Setled
For a Setlement of the Estate of the late Stephen Minot decd The Jnventory of the Estate amounting to. £.644. hee leaving three Children being daughters. The Court Orders the Estate to bee divided into four equall parts between True Cross his Relict and the Children the widdow to take her part out of the movables so far as they will reach, the debts to bee paid out of the whole Estate, and the widdow to have the improvemt of the whole for the bringing up the Children till they come of age to choose guardians.
Curtice his Estate Setled
For a Setlement of the Estate of the late Phillip Curtice of Roxbury decd Jt is Ordered that his widdow Obedience Curtice have the whole Estate to her Selfe and her heires for ever; Shee paying all debts, and paying unto the Seven Children left by sd Curtice as they come of age the Summes following: To the eldest Son ten pounds and to the rest of the Children five pounds apeice.
Atherton forfitd £.20. and again put undr a penalty
Jonathan Atherton presented for staying from his wife contrary to Law, hee having been formerly presented for the same and put under a penalty of twenty pounds according to Law to return by the next oppertunity, there having been severall oppertunities since which hee [443] hath omitted. The Court declares that hee hath Forfited twenty pound and again order him to return to his wife by the next oppertunity of Shipping under the like penalty.
Smith Sentenced
Anne Smith complained agt by Ephraim Turnor for stealing severall peices of linnen from him, which were found with her, Shee having fled for it, and the sd Turnor giving his Oath that it was his linnen which was valued at Seven Shillings: The Court Sentenced her to pay to the sd Turner Fourteen Shillings in mony being. 3ble damages according to law, the linnen being returned again & to pay charges of prosecution and fees of Court standing committed &c.
Naylor & Leverett Find
Edward Naylor and Hudson Leverett bound over to this Court to answer for theire being abroad by night upon the third instant; in which night were sundry disorders & riots committed; they owned they were abroad that night & seen by the watchmen; but denyed the doing of any damage The Court having considered of what was alleaged against them and what themselves ownd Sentencd them to pay five pounds apeice in mony fine to the County & fees of Court and order that they pay all such just damage as shalbee made out by any person who suffered any damage that night.
Gridly’s Guardian
The Court appointed Joseph Gridley to bee Guardian unto the three Children left by Beleife Gridley his Brother viz: Benoni Mary & Bethiah; and order him to looke after the Estate.
Lovels discharge
John Lovell Senior of Weymouth upon proclamation made was discharged from his bond for the good behavior
Sheffeild Sentenced
Anne Sheffeild convict by her own confession in Court of selling drinke without Licence; Sentenced to pay five pounds in mony fine to the County and to give in bond with Sureties of Forty pounds for her good behavior especially not to transgress the law in the like kinde & to pay fees of Court standing committed &c.
Crow Find £.5.
Christopher Crow, convict of Selling brandy without licence Sentenced to pay five pounds in mony fine to the County according to law and fees of Court standing committd &c. and the Court declare that if hee transgress the law in the like kinde for the future hee shall forfit his licence.
Norden Find £.5.
Samuel Norden convict of Selling brandy without licence Sentenced to pay five pounds in mony fine to the County according to law & fees of Court standing committed &c. and the Court declare that if hee transgress the law in the like kinde for the future hee shall forfit his licence. [444]
Boston Licences for the yeare. 1677.@
John Viall Senior upon certificate from the Select men had licence granted him to keepe a house of publique Entertainmt for the yeare insuing & to Sell wine beere & Cider by retaile; who gave bond for his due observance of the laws respecting Inkeepers & that hee would not retaile Cider at more then two pence per quart.
John Tumor was also licensed to retaile wine beer Cider and Brandy; who gave alike bond & that hee would not sell any Brandy to the Jnhabitants of the Town to drinke it in his house.
Captn Wm Wright was also Licenced to retaile wine beere and Cider; who gave alike bond.
Wm Kent, was also Licensed to retaile wine, beere and Cider; who gave alike bond.
John Keen was also Licensed to retaile wine, beere and Cider; who gave alike bond.
Clement Gross was also Licensed to retaile beere & Cider who gave alike bond.
Tho: Sexton was also Licensed to retaile beere & Cider who gave alike bond
Tho: Bill was also Licensed to retaile beere & Cider who gave alike bond.
Wm Norton was also Licensed to retaile beere & Cider who gave alike bond.
Andrew Neale was also Licensed to retaile beere & Cider who gave alike bond.
Samuel Norden was also Licensed to retaile beere and Cider, who gave alike bond.
William Pollard was also Licensed to retaile beere and Cider; who gave alike bond.
Francis Hudson was also Licensed to retaile beere & Cider; who gave alike bond.
Christopher Crow was also Licensed to retaile beere and Cider who gave alike bond.
Robert Cox was also Licensed to retaile beere and Cider; who gave alike bond.
Benjamin Phippen was also Licensed to retaile beere and Cider; who gave alike bond.
Constance Mattox was also licensed to retaile beere and Cider; who gave alike bond.
Jane Bernard was also Licensed to retaile beere and Cider; who gave alike bond. [445]
Widdow Wardell was also Licensed to retaile beere and Cider;
Widdow Frankes was also Licensed to retaile beere and Cider
Nathanael Bishop was also licensed to retaile beere & Cider who gave bond for observance of the laws etc.
Benjamin Brisco was licensed to retaile Strong waters who gave bond for his observance of the laws and that hee would suffer the Jnhabitants of the Town to drinke in his house.
Tho: Smith was also licensed to retaile strong waters who gave alike bond.
Joseph How was also Licensed to retaile strong waters who gave alike bond.
Anne Puglice was also Licensed to retaile strong waters, who gave alike bond.
John Sparrey was licensed to Sell Coffee; who gave bond not to exceed his licence & to keepe good orders.
Rebecca Winsor was also licensed to retaile beere and Cider; who gave bond for her observance of the laws etc.
[Licenses of other towns]
Nathan Bradley of Dorchester was also licensed to retaile Cider; who gave bond for his observance of the Laws etc.
Elisabeth George of Dorchester was also licensed to retaile wine beere and Cider who gave bond for her observance of the laws etc.
Lt Samuel Ruggles of Roxbury was also licensed to retaile wine beere & Cider; who gave alike bond.
Joseph Dyer of Weymouth was also licensed to retaile wine beere and Cider; who gave alike bond.
John Jacob of Hingham was also licensed to retaile wine beere and Cider; who gave alike bond.
Nathanael Beale of Hingham was also licensed to retaile wine beere and Cider untill the next Court of this County, who gave alike bond. [446]
Green to Shrimpton
William Green appeared before John Leverett Esqr Govr and Edward Tyng Esqr assist. June. 16o 1677. and confessed judgement agt his Estate & person to Samuel Shrimpton Merchant for nine pounds ten Shillings mony according to bill on file.
as attests. Jsa Addington Cler
Execution issued. June. 20. 1677.
Meader to Tomlin
John Meader of Boston Blockmaker personally appearing before John Leverett Esqr Govr & Edwd Tyng Esqr Assist. July. 21o 1677. confessed judgement against himselfe and Estate unto William Tomlin Blockmaker for One hundred pounds in mony part due by bill on file, and part upon other accounts and contracts.
as attests. Jsa Addington Cler
Execution issued July. 23o 1677.