[Fox v. Coleman]

Nathanael Fox plaint. ag^t William Coleman Defend^t John Comer Attourny to the plaint. withdrew this action

[Hawford v. Scotto and Endicott]

Samuel Hawford plaint. ag^t John Scotto & John Endicot Exec^rs of the last will and Testam^t of Andrew Sheppard Defend^t in an action of the case for taking into theire charge one quarter part or so much as may appeare of the Barque Thomas and Mary that belongs to s^d Hawford and giving no account to the plaintife of the disposeing or Selling of the Barque or of her voyages or Earnings whereby the plaintife is damnified Fifty pounds or thereabouts in mony with all other due damages etc. . . . The Jury . . . found for the Defend^ts costs of Court allowed three Shillings and ten pence.

[Rock v. Green]

Joseph Rock Adm^r to the Estate of m^r John & m^rs Martha Coggan dec^d plaint. ag^t Jacob Green jun^r Defend^t The plaint. withdrew his action.

[Armitage v. Franklin]

Timothy Armitage plaint. ag^t Benjamin Francklyn Defend^t in an action of the case for refuseing to deliver possession of a house and land scituated and being in Boston wherein the s^d Francklyn at present Liveth which was once the Estate of Richard Richardson but now the proper Estate of the afores^d Timothy Armitage by virtue of a deed of gift from s^d Richardson Father in Law to s^d Armitage with all other due damages &c [447] . . . The Jury . . . found for the plaint. that the Defend^t give him possession of the house & land Sued for within a month next following or pay two hundred pounds mony & costs of Court.

Watts ag^t Ballard

Michael Watts of London or his certain Attourny plaint. Jarvis Ballard Defend^t in an action of the case for not paying the Summe of twenty three pounds twelve Shillings mony of England due upon the ballance of Acco^t by booke with due interest and all other due damages according to attachm^t dat^d July. 17^o 1677. . . . The Jury . . . found for the plaintife twenty nine pounds ten Shillings mony and costs of Court The Defend^t appealed from this Judgem^t unto the next Court of Assistants and himselfe principall in £29: and John Winslow and Samuel Winslow Sureties in £15. apeice acknowledged themselves respectiuely bound . . . on condition the s^d Jarvis Ballard should prosecute his appeale . . .

Davis ag^t Floyd

Benjamin Davis Attourny of John Harwood Sen^r of London plaint. ag^t the goods or Estate of Noah Floyd Defend^t in an action of the case for that the s^d Floyd doth not pay unto the s^d Harwood or his order the Summe of one hundred pounds lawfull mony of England due upon the Forfiture of a bond dated the. 16^th of June. 1676. under the hand & Seale of s^d Floyd with all other due damages &c. . . . The Jury . . . found for the Defend^t costs of Court.

Deane agt. Keen

Thomas Deane of Boston Merchant plaint. ag^t John Keene of Boston Jnkeeper Defend^t in an action of debt for Fifty three pounds Eighteen Shillings & six pence in mony due upon the ballance of acco^ts with all due damages &c. . . . The Jury . . . found for the plaint. Fifty three pound Eighteen Shillings Six pence mony and costs of Court.   [448]

Comer ag^t Peck

John Comer plaint. upon replevin ag^t Tho: Peck Senio^r Defend^t The replevin and Evidences in the case produced being read & committed to the Jury, which remain on file with the Records of this Court The Jury brought in theire verdict they found for the plaint. the Shallop in controversy and costs of Court.

MackDaniel ag^t Hale

Dennis MackDaniel plaint. ag^t Mary Hale widdow Defend^t in an action of assault and Battery, for that the s^d Hale came to the house of the s^d MackDaniel Struck his wife and Strugled with her &c. whereby the plaint. is damnified very much with all other due damages &c. . . . The Jury . . . found for the plaintife three Shillings four pence damage & costs of Court allow^d twenty Shillings and ten pence.

MackDaniel ag^t Hale

Dennis MackDaniel and his wife plaint. ag^t Mary Hale widdow Defend^t in an action of defamation for saying the wife of s^d MackDaniel was a whore and that Shee had severall Children by other men and that the Cuckoldley old Rogue her husband owned them wherein the plaintifes are very much in theire names defamed and greatly damnified with all other due damages &c. . . . The Jury . . . found for the plaint. ten pound mony damage or that the Defend^t make an acknowledgem^t to Satisfaction of the Court in open Court & costs of Court allow^d Sixteen Shillings Eight pence.

Execution issued aug^o 10^th 1677.

Billing ag^t Rawson

Roger Billings plaint. ag^t William Rawson Defend^t in an action of the case for breach of his promiss upon a bargain of Land by refuseing to give a legall deed of the twelfth part of the Farme s^d Billings Lives on called Newberry Farme whereby the plaintife is greatly damnified with all other due damages according to attachm^t dat^d July. 24^o 1677. . . . The Jury . . . found for the plaint. that the Defend^t do give him a good sufficient legall deed of Sale of the twelfth part of the Farme s^d plaint. lives in called Newberry Farme and other lands mentioned according to promiss within one month or to pay two hundred pounds mony and costs of Court. [449] The Defend^t appealed from this Judgement unto the next Court of Assistants and himselfe principall in £.200. and John Woodmansey and Joseph Webb Sureties in £.100. apeice acknowledged themselves respectiuely bound . . . on condition the s^d William Rawson should prosecute his appeale . . .

Hawford ag^t Scotto etc.

Samuel Hawford plaint. ag^t John Scottow and John Endicott Executo^rs of the Last will & Testam^t of Andrew Sheppard dec^d Defend^ts in an action of the case for not paying the Summe of thirty Seven pounds one Shilling in mony due from s^d Scotto and Endicot as Exec^rs aboves^d to the now plaint. for one third part of a parcell of Logwood that was brought from Treice in the Katch Jndustry Nathan^ll Man Commander in the month of January. 1675. which was Ship’t by the plaint. & ventured on his own acco^t but Andrew Sheppard his order or Exec^rs have Sold it and received the mony but yet detaines it whereby the plaint. is greatly damnified with all other due damages &c. . . . The Jury . . . found for the Defendants costs of Court allowed ten Shillings and four pence.

Meader agt. Rose

John Meader plaint. ag^t Roger Rose Defend^t in an action of the case for not performing a bargain made with s^d Meader last Spring whereby s^d Rose did engage himselfe to bring for the plaint. from Oyster River about fifteen or Sixteen cord of timber &c. but hath not performed his bargain whereby the plaint. is damnified about five pounds with all other due damages &c. . . . The Jury . . found the case not actionable and gave the Defend^t costs of Court allow^d £.1:4.2.

Execution issued 8^br 20^o 77.

Rose agt. Meader

Roger Rose plaint. agt. John Meader Defend^t in an action of the case for non performance of his promiss which was to pay the summe of four pound in mony & four pound in goods for the Freight of a Boate load of timber brought by s^d Rose from Oyster River and delivered to s^d Meader as per his receipt bearing date the 19^o of April. 1677. appeareth with all other due damages &c. . . . The Jury . . . found for the Defend^t costs of Court 11^s 6^d

Execucion issued 8^br 20^o 77.   [450]

Glover ag^t Hudson

John Glover plaint. ag^t Cap^t William Hudson in an action of debt of Seven pounds in mony due by bill with damages &c. The action being called the plaintife not having his bill to produce the attachm^t onely was committed to the Iury, who found for the Defend^t costs of Court.

Woodward ag^t Aldrich: etc.

Peter Woodward plaint. on appeale from the Judgem^t of the Commission^rs of the Town of Dedham 28^o May 1677. ag^t Thomas Aldrich, John Coleburn, John Aldis Jonathan Gay, Joseph Wight &c. Defend^ts The Courts Iudgement Reasons of appeale and Evidences in the case produced being read & committed to the Iury which remain on file with the Records of this Court: The Iury brought in theire verdict they found for the plaint. Reversion of former Iudgement and costs of Court.

Shippen ag^t Davenport

Edward Shippen or his lawfull Attourny plaint. ag^t Elisabeth Davenport Relict of and Adm^x to the Estate of Nathanael Davenport dec^d Defend^t in an action of the case for not paying the Summe of one hundred and thirty pound in mony due upon the fornture of a bond bearing date the. 5^th of Nov^r 1675 under the hand and Seale of s^d Nathan^ll Davenport with all other due damages according to attachm^t dat^d Iuly. 11^o 1677. . . . The Iury . . . found for the pl^t forfiture of the bond one hundred & thirty pounds mony and costs of Court: On request of the Defend^t the Court chancered this Forfiture besides what hath already been paid unto Sixty five pound one Shilling mony and costs of Court: The Defend^t appealed from this Judgement unto the next Court of Assistants & herselfe principall in £.65. Thomas Thacher Junio^r and John Morse Sureties in £33. apeice acknowledged themselves respectiuely bound . . . on condition the s^d Elisabeth Davenport should prosecute her appeale. . . .

Middlecott ag^t Scotto etc.

Richard Middlecott as hee is Attourny to W^m Adams Adm^r to the Estate of In^o Sheppard dec^d in the right of Elisabeth Adams Executrix to the last will and Testam^t of him the s^d In^o Sheppard plaint. ag^t In^o Scotto and In^o Endicot Exec^rs to the last will & testam^t of andrew Sheppard dec^d Def^ts in an action of the case for witholding an Estate amounting to the Summe of three hundred Forty nine pounds Eight Shillings [451] and eleven pence given and bequeathed unto her the s^d Elisabeth Executrix by him the s^d John Sheppard dec^d in his last will and Testam^t which Estate afores^d was given him by his Brother Andrew Sheppard dec^d as per his last will and Testam^t may appeare with other due damages according to attachm^t dat^d Iuly. 23^o 1677. . . . The Iury brought in a Speciall verdict. i. e. If the Law bee that where there is an Executrix appointed to an Estate that another may take out Administracion in her right wee finde for the plaint. that the Def^ts doe deliver up the whole Estate of Andrew Sheppard of Boston lately dec^d that is or may bee received by them before the time hereafter limited debts Legacies and charges being deducted unto the plaint. at or before the first day of Decemb^r next or three hundred Forty nine pounds eight Shillings eleven pence mony & costs of Court: But if the law bee otherwise wee finde for the Def^ts costs of Court. The Magistrates on perusall of this verdict finde for the plaint: The Defend^ts appeal^d from this Iudgem^t unto the next Court of Assistants and themselves principalls in £.400. and Nathan^ll Williams and W^m Coleman Sureties in £.200. apeice acknowledged themselves respectiuely bound . . . on condition the s^d John Scotto and Jn^o Endicot should prosecute theire appeale . . .

Cooke agt. Thornton

Robert Cooke Hornbreaker plaint. ag^t Joseph Thornton Marrin^r Defend^t in an action of the case for that the aboves^d Thornton did in a clandestine manner take and convay away a man Servant belonging to the afores^d Cooke known by the name of Henry Austin the which s^d Servant was convayed in the yeare. 1676. which is to the plaintif’s damage at least Sixty pounds in mony and all other due damages &c. . . . The Iury . . . found for the plaintife Fifty pounds mony damage and costs of Court allowed. £.2:10:4.

Execucion issued Aug^o 3^d 1676.

More agt. Warren

Richard More of Boston Junio^r plaint. ag^t Humphry Warren of Boston Merchant Defend^t in an action of the case for not paying the Summe of twelve pound eight Shillings and nine pence due as the ballance of an Acco^t of wages in the Katch Hopewell on her voyage from this place to Barbados and to this place again in part of the yeare 1676. and part of this present yeare. 1677. on w^ch voyage s^d More was Master of the s^d Katch with all other [452] due damages etc. . . . The Iury . . . found for the plaint. twelve pound Eight Shillings nine pence mony and costs of Court allow^d twenty one Shilling six pence.

Walker ag^t Ellis

Jsaac Walker plaint. ag^t Edward Ellis Defend^t in an action of the case for that the s^d Ellis did Sell to the s^d Walker a parcell of Land as by deed of Sale doth appeare under the hand and Seale of the s^d Ellis warranting the same, for which land the s^d Ellis received of the s^d Walker Forty pounds in mony, and cannot warrant the Sale thereof, it being given by will after his the Ellis decease unto his Children, being above Forty pounds in mony damage to the plaint. and all other due damages etc. . . . The Jury . . . found for the Defend^t costs of Court.

Evans ag^t Boareman

Agnus Evans adm^x of W^m Evans dec^d plaint. against Daniel Boareman Defend^t in an action of Reveiw of a case tried at the County Court held in Boston in January Last wherein the now plaintife was then cast by falacious papers and meere pretences of payment of and towards a debt of One hundred pounds due by bill bearing date X^br 20^th 1665. under the hand and Seale of s^d Boareman whereby the now plaint. is greatly damnified with all other due damages etc. . . . The Jury . . . found for the plaint. twenty three pound thirteen Shillings six pence (£.5:1:6. cattle and £.18:12:0. in wheate Rye barley and Malt according to bill) debt and twelve pound Eighteen Shillings, halfe cattle the other halfe corn as afores^d damages and costs of Court allow^d £.2:19:2.

Execucion issu’d aug^o 7^th 1677.

Sutton ag^t Woodcock

John Sutton of Scituate Carpenter plaint. ag^t William Woodcock of Hingham Defend^t in an action of the case to the value of One hundred pounds for that the s^d Woodcock in the month, of aug^o 1676. did apprehend the s^d John Sutton upon his own land at Connihasset in hingham and delivered him the s^d Sutton as a Felon to the Constable of Hingham and was so carryed by the s^d Constable to Boston before authority, the s^d Woodcock chargeing the s^d Sutton with Stealing his hey or grass whereby the s^d Sutton is defam^d with all due damages etc. . . . The Jury . . . found for [453] the plaint. six Shillings eight pence mony damages & costs of Court allowed thirty four Shillings ten pence.

Warren agt. More

Humphry Warren plaint. ag^t Richard More Iunio^r Defend^t in an action of the case for that the s^d Richard More late Master of the Katch Hopewell did in the month of August last fraudulently take to himselfe wages for Richard Earle who ran away from s^d Vessell in Barbados some weekes before not proceeding the Voyage hee was Ship’t for with due damages etc. . . . The Iury . . . found for the Defend^t costs of Court allow^d Eleven Shillings ten pence.

Green agt. Vicars

William Green plaint. ag^t George Vicars of Nantasket Senio^r Defend^t in an action of the case for refuseing to give an acco^t of Fifteen hundred Cod Fish put into his hands by the order of s^d Green whereby the plaint. is very much damnified with other due damages etc. . . . The Jury . . . found for the Defend^t costs of Court allow^d nineteen Shillings 6^d

Execution issued. 22^o aug^o 1677.@

Freake ag^t Stone

Elisabeth Freake adm^x to m^r John Freake plaint. ag^t John Stone Defend^t the plaint. withdrew her action upon Judgem^t acknowledged.

Higgs ag^t Scotto etc.

Edward Higgs plaint. ag^t John Scotto and John Jndicott Exec^rs of the last will of Andrew Sheppard Defend^t in an action of the case for not paying the summe of thirty Seven pound one Shilling in mony due from s^d Scotto and Jndicott as Exec^rs aboves^d to the now plaint. for one third part of a parcell of loggwood that was brought from Treece in the Katch Jndustry Nathan^ll Man Commander in the month of January. 1675. which was Ship’t by Samuel Hawford upon the acco^t of Edw^d Higgs; but andrew Sheppard his order or Exec^rs have Sold it and rec^d the mony but yet detains it whereby the plaint. is greatly damnified with all other due damages &c. . . . The Jury . . . found for the Defend^t costs of Court allow^d 9^s 8^d

Smith agt. Goulding

Joseph Smith plaint. ag^t Peter Goulding Def^t in an action of defamation for Saying hee was a theife & upon Record for a theife, being greatly to the damage of the plaint. with all other due damages &c. [454]. . . . The Jury . . . found for the plaint. ten Shillings mony damage and costs of Court allow^d twenty Eight Shillings one penny.

Execution issued aug^o 22^o 1677.

Joyliffe ag^t Nick

John Joyliffe Attourny of William Maund plaint. ag^t John Nick Defend^t in an action of the case for not delivering unto the order of s^d Maund three ton one hh^d one tearce of Molasses three barr^lls of Lime joice and a hh^d of Vinegar Ship’t at S^t Christoph^rs by s^d Maund onboard the Barque Begining whereof s^d Nick was Ma^r and in s^d vessell brought to New-England sometime in April last and by him s^d Nick detained from the now plaint. who is thereby damnified about Forty pounds in mony with all other due damages &c. . . . The Jury . . . found for the plaint. two hogsh^ds of Molasses one barr^ll of Lime juice and one hh^d of vineger to bee deliu^rd in one month or to pay twenty pounds in mony and costs of Court allow^d thirty three Shillings and six pence.

Calley ag^t Williams

Hannah Calley Attourny to her husband Joseph Calley late Master of the Katch Loialty plaint. ag^t Nathan^ll Williams Defend^t in an action of the case for that the s^d Williams in the yeare. 1670. tooke into his custody from s^d Calley bills in Barbados for two thousand and two hundred pounds Muscovado Sugar being for the acc^o of s^d Owners; which s^d bills and Sugar the s^d Williams still detaines in his hand refuseing to make Satisfaction to the plaint^s great detriment with interest and all due damages according to attachm^t dat^d July. 14^th 1677. . . . The Jury . . . found for the plaint. that the Defend^t do deliver the Sugar or bills Sued for within four months or pay Fifty pounds mony and costs of Court The Defend^t appealed from this Judgem^t unto the next Court of Assistants and himselfe principall in £.50. and John Walley and Joseph Webb Sureties in £.25. apeice acknowledged themselves respectively bound . . . on condition the s^d Nathanael Williams should prosecute his appeale . . .

[455] Church agt. Joy

Joseph Church of Hingham Carpenter plaint. ag^t Thomas Joy of Hingham Carpenter Def^t in an action of the case to the value of twenty pounds; which s^d twenty pounds is due to the s^d Joseph Church for the rent of one halfe of a Corn Mill two yeares, the time of the s^d two yeares began on the. 14^th day of June, which was in the yeare of o^r Lord. 1675. as may appeare by a covenant between them bearing date the. s^d 14^th of June; which s^d Corn Mill is in partnership between the s^d Thomas lay and the s^d Ioseph Church, the one halfe of the s^d Mill belonging to the s^d Ioseph Church, and the other halfe of the s^d mill belongeth to the s^d Thomas Ioy; which s^d Mill is a tide Mill standing and being in and upon the Town cove in Hingham with all due damages according to attachm^t dat^d Iuly. 24^o 1677. . . . The Jury . . . found for the plaint. Eleven pounds in Merc^a Corn according to Coven^t at price currant and costs of Court: The Def^t appeal^d from this Judgem^t unto the next Court of Assistants & himselfe principall in twenty pounds, Daniel Turell jun^r and Joseph Jay Sureties in £.10. apeice acknowledged themselves respectively bound . . . on condition the s^d Tho: Joy should prosecute his appeale . . .

Conney etc. ag^t Proutt

John Conney and John Jndicott Attournys of Cap^t Samuel Mosely plaint. ag^t Timothy Proutt Jun^r Def^t The plaint^s withdrew theire action upon a judgem^t acknowledged unto them.

Bartholmew agt. Arnold

William Bartholmew plaint. ag^t Joseph Arnold of Brantery Def^t in an action of debt of Eight pounds in mony due by bill with all other due damages etc. . . . The Jury . . . found for the plaint. Eight pounds mony according to bill and costs of Court.

Execution issued. 8^th Aug^o 1677.

Loyd agt. Bullis

James Loyd plaint. ag^t Phillip Bullis Def^t in an action of debt of ten pound twelve Shillings in mony due for goods sold and deliu^rd the wife of s^d Bullis as shall appeare by booke and bill under her hand with all other due damages &c. . . . The Iury . . . found for the Defend^t costs of Court.   [456]

Rummin ag^t Hudson

John Rummin plaint. ag^t Cap^t William Hudson Def^t in an action of the case for not paying the Summe of thirty one pound four Shillings in mony due for two yeares Salery at six Shillings per weeke with due interest and all other due damages &c. . . . The Jury . . . found for the plaint. twenty pounds mony and costs of Court allow^d Forty Shillings 6^d

Execucion issued Janur^o 12^o 1677

Freake ag^t Robinson

Elisabeth Freake adm^x of her late husband m^r John Freake dec^d or her lawfull Attourny plaint. ag^t Nathanael Robinson Def^t in an action of debt of Seven pound five Shillings in mony due by bill bearing date Feb^ry 8^th 1671/72. under the hand of s^d Robinson with interest and all other due damages &c. . . . The Jury . . . found for the Def^t costs of Court: The plaint. appeal^d from this Judgem^t unto the next Court of Assistants and was bound to prosecute.

Watts ag^t Gent

John Watts assigne of William Green plaint. agt. John Gent Def^t in an action of debt of Six pound four Shillings and five pence due in fish or mony as appeares by bill bearing date. Septemb^r 16^th 1676. under the hand of s^d Gent w^th due damages &c. . . . The Jury . . . found for the plaint. Forfiture of the bill & costs of Court on request of the Def^t The Court chancered this Forfiture to Six pound four Shillings and five pence in fish or mony according to bill & costs of Court.

Execucion issued aug^o 25^o 1677.

Cheeny

Margaret Cheeny plaint. ag^t Thomas Cheeny Def^t The plaint. withdrew her action.

Sheafe ag^t Palmer

Sampson Sheafe of Boston Merch^t plaint. ag^t Tho: Palmer now or late Master of the Katch Diligence Def^t in an action of the case for not delivering unto the s^d Sampson Sheafe in good order and wel conditioned according to the Obligation of his bill of loading a parcell of English goods or Merchandizes loaden onboard the s^d Katch at London by Philip French and Sampson Sheafe and consigned to the s^d Sheafe; but contrarily the s^d goods have rec^d much damage to the value of ninety two pounds ten Shillings in mony as may appeare by the Return of m^r Eliakim Hutchinson and John Wing persons mutually chosen by the s^d Palmer and Sheafe to veiw and judge of the s^d damage with other due damages accord, to attachm^t dat^d July. 13^o 1676. [457]. . . . The Jury . . . found for the Defend^t costs of Court. The plaint. appealed from this Judgem^t unto the next Court of Assist^s and himselfe principall in ten pounds, Joseph Rock and John Saffin Sureties in £.5. apeice acknowledged themselves respectively bound . . . on condition the s^d Sampson Sheafe should prosecute his appeale . . .

Bridgham ag^t Stilson

Jonathan Bridgham Attourny of John Bridgham Exec^r of the last will of Henry Bridgham plaint. ag^t Vincent Stilson Def^t The plaint. withdrew his action

Phillips ag^t Long

William Phillips Senio^r plaint. ag^t Elisabeth Long and John Long Executo^rs to the last will of Robert Long or either of them Def^ts The plaint. withdrew his action

Leverett ag^t Somes

Hudson Leverett Attourny for Darby Bryan plaint. ag^t John Somes Cooper Def^t in an action of the case for witholding the Summe of thirty one pound eleven Shillings and six pence or thereabouts in mony and halfe a barrell of Molasses at twelve Shillings & six pence with due damages &c. . . . The Jury . . . found for the plaint. Seventeen pounds fourteen Shillings mony and costs of Court allow^d thirty three Shillings ten pence.

Execution issued. aug^o 6. 1677.

Greenleife to Bronsdon

Enoch Greenleife Senio^r personally appeared before John Leverett Esq^r Gov^r and Edw^d Tyng Esq^r Assist. July. 30^th 1677. and confessed Judgem^t ag^t his Estate and person for twenty six pounds nine Shillings eight pence mony due unto Robert Bronsdon according to bill on file.

as attests. Js^a Addington Cler

Spowel to Waldron

William Spowel Jun^r appearing in Court. 31^o July confessed Judgem^t ag^t his Estate and person for four pounds five Shillings mony according to bill on file with charges unto Jsaac Waldron.   [458]

Barber to Tay

Thomas Barber personally appeared before the Honored John Leverett Esq^r Gov^r and Edward Tyng Esq^r Assist. Septemb^r 19^o 1677. and confessed Judgem^t ag^t his Estate and person unto John Tay for the Summe of Five pound six Shillings three pence in mony due according to Acco^t on file.

Execution issued 7^br 20^th 1677.

as attests. Js^a Addington Cler

Curtis to Vsher

John Curtis of Roxbury personally appearing before the Hono^rd John Leverett Esq^r Gov^r & Daniel Denison Esq^r Assist. 25^o Sept^r 1677. confessed judgement against his Estate and person unto Hezekiah Vsher &c. Executo^rs of the last will of m^r Hezekiah Vsher dec^d for the Summe of Forty one pound Fifteen Shillings eleven pence in mony in full ballance of all accounts.

as attests. Js^a Addington Cler

Matson to Holbeach

Thomas Matson appearing in Court. 31^o July, confessed Judgem^t ag^t his Estate and person unto John Holbeach for Six pounds Six Shillings and eleven pence mony according to bill on file.

John Holbeach appearing in the Office. Aug^o 2^d 1677. acknowledged that hee was fully Satisfied by Thomas Matson for the abovewritten Judgem^t

as attests. Js^a Addington Cler

Saffin ag^t Middlecott etc.

John Saffin plaint. ag^t Richard Middlecott and John Walley or either of them Defend^ts in an action of the case for witholding of the Summe of thirteen pounds in mony due to him the s^d John Saffin by ingagem^t under the hands and Seales of them the s^d Middlecott and Walley bearing date Janu^ry 27^o 1676. being for paym^t of Rent due for a certain warehouse hired by Jacob Jesson of s^d Saffin with all other due damages etc. . . . The Jury . . . found for the Defend^ts costs of Court.

Hoppin ag^t Cooper etc.

Thomas Hoppin plaint. ag^t Elisabeth Makepeace, Josiah Cooper and Waitstill his wife or either of them as they are Exec^rs to the last will of Thomas Makepeace Def^t in an action of the case for not paying the Summe of ten pound with what else may appeare as a Legacy in the last will of s^d Makepeace to bee due to the plaint. with other due damages etc. . . . The Jury . . . found for the Defend^t costs of Court.   [459]

Parmiter agt. Severans

John Parmiter plaint. ag^t Samuel Severans Def^t in an action of debt of twenty pounds due by bill bearing date the. 24^th October. 1676. under the hand and Seale of said Severans to bee paid in curr^t mony of New-England or merchantable boards at thirty five Shillings per thousand with all other due damages &c. . . . The Jury . . . found for the plaint. one quarter part of the Sloop increase being Forfiture of the bill & costs of Court Eighteen Shillings two pence.

Execution issued. 11^th July. 1678.

Spowel to Scarlett etc.

William Spowel Junio^r appearing in Court confessed Iudgement ag^t his Estate and person for five pound two Shillings six pence mony due unto John Scarlett Exec^r of the last will of Cap^t Sam^ll Scarlett and Elisabeth Freake adm^x of the Estate of m^r John Freake dec^d

Execucion issued. aug^o 6. 1677.

Hudson agt. Smith

Cap^t William Hudson plaint. ag^t Joseph Smith Defend^t in an action of the case for not paying the s^d Cap^t Hudson twenty one pounds and thirteen Shillings or thereabouts in mony due by booke upon accompt from his late Father Francis Smith dec^d which s^d debt the s^d Joseph Smith hath legally made himselfe liable to pay by entring upon and possessing the Estate of his s^d Father contrary to law title wills, with interest & all due damages &c. . . . The Jury . . . found for the Defend^t costs of Court.

Lidgett ag^t Paige

Charles Lidgett plaint. ag^t Nich^o Paige Def^t in an action of Reveiw of a case tried at the last County Court held at Boston for the Summe of £.243:02:0. good and curr^t mony of New-England due by bond under his hand and Seale bearing date. July. 20^th 1676. with all other due damages &c. . . . The Jury . . . found for the plaint. the Forfiture of the bond being. £.243:02:0. mony & costs of Court. The Court on request of the Def^t and hearing of the plaint. chancered this Forfiture to one hundred twenty one pound eleven Shillings mony & costs of Court.

Henchman agt. Meader

Cap^t Daniel Henchman plaint. ag^t John Meader Defend^t The plaint. withdrew his action.   [460]

Hudson agt. Rummin

Cap^tn William Hudson plaint. ag^t John Rummin Defend^t The plaint. was nonSuted upon non appearance.

Deane ag^t Whiting

Thomas Deane assigne of Robert Noakes plaint. ag^t Joseph Whiting Defend^t The plaint. withdrew his action.

Leverett agt. Lawrence

Hudson Leverett assigne of William Phillips Senio^r plaint. ag^t Nicholas Lawrence Def^t in an action of debt of fourteen pound in mony due by bill under his hand bearing date the. 25^th of January. 1676. with all other due damages etc. . . . The Jury . . . found for the plaint. Eight pounds mony and costs of Court allow^d twenty two Shillings.

Execucion issued aug^o 7^o 1677.

Thacher etc. Fined. 10^s apeice

The Court Sentenced m^r Tho: Thacher Iunio^r and Joshua Lamb to pay the Summe of ten Shillings apeice in mony as a fine for not attending to Serve on the Jury of Tryalls according to Summons.

Proutt to Conney etc.

Timothy Proutt Iunio^r appearing in Court Aug^o 2^d 1677. confessed Judgem^t agt. his Estate and person unto John Conney Attourny of Cap^t Samuel Mosely and John Jndicott, for twenty two pounds Eleven Shillings in mony.

Execution issued aug^o 9^o 1677.

Stone to Freake

John Stone of Salem appearing in Court aug^o 2^d 1677. confessed Judgem^t ag^t his Estate & person unto m^rs Elisabeth Freake adm^x to the Estate of m^r John Freake dec^d for thirty nine pounds Sixteen Shillings and ten pence in mony according to two bills on file.

Committee for dividing Sharp’s Estate

The Court impowers Deacon W^m Parke and Thomas Gardner to make the division of the Estate of the late John Sharp of Muddy River according to the Courts Setlement thereof and to Set out the widdows part of one hundred pounds, in movables so far as they will reach and the rest in such part of the land as will not indamage the Childrens parts and to make theire return to the next County Court.

Barbur his Licence

Samuel Barbur of Meadfeild is allowed to keepe a house of publique Entertainm^t for the yeare insuing.

Everden Fin^d £.5.

Walter Everden Iunio^r convict by his own confession in Court of committing Fornication with Ruth Lock: The Court Sentenced him to bee whip’t with twenty Stripes; upon his petition The Court remitted his punishm^t upon the payment of five pound in mony presently.   [461]

Mathews whipt.

Grace Matthews convict in Court by her own confession of Jdleness, begging and lying: Sentenced to bee whipt with Fifteen stripes.

Wheeler Fin^d £.5.

Tho: Wheeler convict in Court by his own confession of Selling drinke without licence. Sentenced to pay five pounds in mony fine to the County according to Law & to give bond with Sureties of one hundred pounds not to transgress the law in the like kinde for the future standing committ^d &c.

Seaver his Estate setled.

For a Setlement of the Estate of the late Nathaniel Seaver of Roxbury dec^d Jt is Ordered that Sarah his Relict have the whole Estate to improve for her own & her Childes maintenance, till the Childe come of age to choose a guardian, and that then the Estate bee equally divided between the s^d widdow & the onely Childe of the s^d Nathanael by her, the one halfe thereof to the use of the s^d Sarah and her heires for ever, & the other halfe to the use of the Childe.

Order for apprizall of Hitts Estate

Jt is Ordered that Nathanael Greenwood & W^m Greenough do apprize what Estate is now left that was formerly belonging to Eliphalit Hitt, who dyed intestate & to make return to the next Court of this County upon theire Oathes that so the s^d Estate may bee Setled and divided.

Barlow her Guardian

Sarah Barlow daughter of Thomas Barlow sometime of Boston dec^d appeared in Court and made choice of Daniel Turill Senio^r and John Conney to bee her Guardians which they accepted of and the Court allowed they giving bond according to law.

Man his discharge.

Upon due proclamation made John Man was discharged from his bonds for the good behavio^r

Freemen made.

William Gibson & Nathanael Barnes both of Boston tooke the Oath of freedom of this Colony.

Bridge his Estate Setled

For a Setlement of the Estate of John Bridge of Roxbury who dyed intestate. Jt is ordered that the whole movable Estate shalbee to the use of Prudence Bridge his widdow her heires and assignes for ever, and the improvem^t of all the lands for her own maintenance and Education of the Children left by s^d Bridge till the eldest come of age, and that then one third onely of the lands shalbee to the use of the widdow during her life and the other two thirds proportioned to the Children, the eldest Son to have a double portion & at her decease the other third injoied by her during life to bee alike proportioned among the Children.

Bartholmews discharge

m^r W^m Bartholmew by reason of age is discharged from attending upon ordinary traynings, hee keeping armes in his house according to law.   [462]

Herris Fin^d £.5.

Thomas Herris complained of for selling Liquo^r to Jndians and entertaining of them contrary to Law: The Court on consideration of what was alleaged & proved against him Sentenced him to pay five pounds in mony fine, charges of prosecution & fees of Court standing committed &c.

Drurey Fin^d £.5.

Mary Druery presented to this Court by the Grandjury for refuseing to live with her husband and being called Shee owned Shee did not live with him who is her outward husband The Court Sentenced her to pay five pounds in mony fine to the County & fees of Court standing committ^d untill the Sentence bee performed: The s^d Mary appealed unto the next Court of Assistants & her Selfe m^r Samuel Shrimpton & m^r E^m Hutchinson were bound for prosecution thereof.

Grace a Negro whip’t

Grace W^m Colemans Negro convict of committing Fornication and having a bastard Childe; Sentenced to bee whip’t with twenty Stripes & to pay fees of Court standing committed etc.

Wright Fin^d 5^s

Robert Wright presented for Stealing, owned that hee tooke three rayles belonging to m^r Jacob Eliott without Leave: Sentenced to pay five Shillings in mony fine to the County, three Shillings in mony to m^r Eliott and fees of Court standing committed &c.

Griffith Fin^d £.2.

William Griffith complain^d of for assailing of John Casey & his wife upon the highway in theire comming from Roxbury, in the Evening: The Court having considered of what was alleaged and proved ag^t him Sentenced him to pay Forty Shillings in mony fine to the County twenty Shillings in mony to John Casey & fees of Court standing committed &c.

Mills Fin^d 10^s

John Mills Senio^r of Brantery convict by his own confession in Court of Selling a gill of liquo^r to Jndians Sentenc^d to pay ten Shillings in mony fine to the County according to Law.

Moyle Fin^d £.5.

Jeffery Moyle complain^d of for prophane wicked Swearing curseing threatning and for other misdemeano^rs The Court having heard & considered the Evidence produced against him & his own confession in Court Sentenced him to bee whip’t with twenty Stripes or to pay five pound in mony fine to the County & fees of Court standing committ^d &c.

Kinde his Licence

Arthur Kinde upon approbation from the Select men of Boston was licensed to Keepe a Cookes Shop to Sell onely penny beere with his victualls for the yeare insuing; who gave bond for observance of y^e laws.

Hudson his Licence

Captⁿ W^m Hudson had his licence renewed to Keep a publique house & to Sell wine beere & Cider by retaile for the yeare insuing; who gave bond for observance of the laws.   [463]

Wing his Licence

John Wing upon approbation of the Select men of Boston was licensed to keepe a house of publique entertainm^t to sell wine beere Cider &c. by retaile for the yeare insuing, who gave bond for his observance of the laws.

Feild her grant

Jn answer to the motion and request of Mary Feild widdow Relict of Robert Feild dec^d and her Children: The Court considering her necessities and her being a joint purchaser of the lands in Boston whereof her s^d husband dyed Seized as appeares by the Deed thereof, do grant her full power to make Sale of one full halfe part of s^d land for the paym^t of her husbands debts and her own maintenance.

Brewster whip’t

Margaret Brewster of Barbados convict in Court by her own confession of comming into the South meeting house in Boston upon the Sabbath day in the time of dispensing the word of God in a disguised manner with her face black^t her haire dishelved about her Shoulders, ashes on her head and sackcloth on her Shoulders, to the disturbance of the congregation and prophanation of the holy Sabbath: Sentenced to bee stripped unto the waste and to bee tied to a cart’s tayle and whip’t out of the Town with twenty Stripes, begining at the s^d meeting house, this to bee done upon the next Lecture day in Boston, and the Marshall is ordered to see the Execution thereof Shee standing committ^d &c.

Wight Sentenc^d

Lidia Wight of Long Jsland convict of accompanying the s^d Margaret Brewster into the s^d meeting house in her disguise at the time aforementioned, Sentenced to bee tied to the Cart and to accompany the s^d Margaret when Shee receives her punishm^t

Mills

Mary Mills of Blackpoint convict as aboves^d is alike Sentenced to bee tied to the Cart.

Bower

Barbery Bower of Charlstown convict of comming into the s^d Meeting house at the same time when the said Margaret was there in her disguise is alike Sentenced to bee tied to the Cart.

Vsher his discharge from Exec^r

Jn answer to the petition of m^rs Mary Vsher widdow Hezekiah Vsher and John Vsher Executo^rs of the last will of m^r Hezekiah Vsher late of Boston merchant dec^d that the s^d John Vsher might bee freed from his s^d Executorship: The Court grants the Petition^rs theire request therein and discharge the s^d John Vsher.

The Court adjourned to thursday the. 9^o of aug^o at eight in the morning.   [464]

August. 9^o 1677.@

The Court met according to adjournm^t

Smith whip’t

John Smith imprisoned for his living idley, giving no account of his buisness here, but rendring himselfe suspitious both in his words and carriages. Sentenced to bee whip’t out of Town at a carts taile with ten Stripes and ordered that if hee return again hee shalbee imprisoned.

Earle appoint^d Keeper

Robert Earle is appointed to bee the Keeper of the prison in Boston and Thomas Matson the present Keeper is ordered upon sight hereof to deliver up the keys and the prison^rs unto his charge: and the said Earle is ordered to keepe up Jeffery Moyle a close prison^r untill hee shall by order of Authority bee delivered to the Marshall to bee Ship’t off; giving him liberty to walke in the Town by day with a keeper hee being at the charge thereof.

Lake his Guardian

John Lake Exec^r of the last will of his uncle John Lake late of Boston dec^d appeared in Court & made choise of m^r James Tayler to bee his guardian during his minority, relating unto his Executorship and his right and interest in his s^d uncle his Estate; which the s^d Tayler accepted and the Court approved of, hee giving in Security according to Law.

Pepper his Estate Setled

An agreement between Robert Pepper on the one party and his daughter in law Mary Pepper of the other party for the Setlement of the Estate of Joseph Pepper dec^d the Son of the s^d Robert Pepper between the afores^d Mary Pepper widdow of the aboves^d Joseph Pepper and her daughter Bethiah Pepper Jf this Hono^rd Court see reason to confirme it, if not both partys do freely Submit themselves to yo^r pleasure earnestly desiring that you would please to Settle it: Now the agreement is this that the Childe shall have twenty and one acres of Land that Lyeth together meadow and upland apprized in the Jnventory at Sixty pounds, and the s^d widdow shall have all the rest of the Estate that did belong to her husband aboves^d Joseph Pepper dec^d as her own proper Estate Shee paying all the debts and bringing up the Childe untill it come of age or marriage and in consideration that the house standeth on the Land belonging to the Childe they have mutually agreed that the s^d widdow shall have an acre of land where the house standeth beginning four rods beyond the North end of the house & abutting by the highway and so along beyond the South end of the house, and the widdow shall fence in this acre of land & orderly plant it with fruite trees for an Orchard, and when the [465] Child comes of age or at marriage the Childe shall have halfe of this Orchard the widdow shall have that part next to the house and Shee shall take equall care of the whole both for planting and fenceing & manuring; as also the afores^d Widdow shall have the improvement of the Childes part untill the age of one and twenty yeares or its marriage; also it is agreed that Shee shall make no stripping waste of wood on the Child’s part, but shalbee allowed fire wood for own family, and what timber shee needs for to fence in the Land with or for building; but not to Sell or otherwise dispose of any great wood; as also wee do agree that each party shall choose one man to see that there bee no wrong done to the Childes part according to the true intent hereof Dated this. 3. of august. 1677.@

Robert Pepper

Mary Pepper

• Witnesses
• William Gary
• Edward Morris

Own^d in Court. 3^d aug^o 1677. by the partys Subscribing to bee theire act and deed and The Court confirmed it.

as attests. Js^a Addington Cler.

Rigbee Fin^d 20^s

Samuel Rigbee presented for drunkenness Swearing Jdleness and absenting himselfe from the publique worship of God: The Court upon the hearing and consideration of, what was alleaged ag^t him Sentenced him to bee whip’t with ten Stripes or to pay twenty Shillings in mony fine and fees of Court standing committ^d &c.

Order about Hawkins her mony.

In answer to an order of the Generall Court relating to the mony paid by m^r Sampson Sheafe to m^r Richard Collacot assignee of L^t Richard Cooke for & in behalfe of the wife and Children of Thomas Hawkins: The Court Orders the Clerke to take Security of m^r Collacot for the payment and improvem^t of the s^d mony by a mortgage of one halfe of his Fanne at Milton.

Brown to Brading

Josias Brown of Marblehead personally appearing before John Leverett Esq^r Gov^r and Edward Tyng Esq^r Assist. Oct^o 12^o 1677. confessed Judgem^t ag^t himselfe & Estate unto James Brading of Boston for Five pounds & Eight Shillings according to bill to bee paid in mony or Fish at mony price.

as attests. Js^a Addington Cler 1677 [466]

Clements to Brading

John Clements Fisherman personally appeared before John Leverett Esq^r Gov^r and Edward Tyng Esq^r assist. Octob^r 23^o 1677. and confessed Judgement against his Estate and person unto James Brading for Eighty pounds to bee paid in fish.

as attests. Js^a Addington Cler

Herris etc. to Deane

Thomas Herris and Edward Cowel both of Boston personally appearing before Daniel Denison Esq^r and Thomas Clarke Esq^r Assist^s Oct^o 25^o 1677. confessed Judgement against theire Estates and persons jointly and severally unto Thomas Deane of s^d Boston merchant for One hundred thirty two pounds to bee paid in currant mony of New-England according to bond on file. dat^d 19^o Decemb^r 1676.@

as attests. Js^a Addington Cler

m^r Tho: Deane personally appearing aug^o 16. 1678. acknowledged he was fully satisfied this Judgem^t by Edw^d Cowell.

Js^a Addington Cler

Codner to Brading

Joshua Codner of Marblehead personally appearing before Edward Tyng Esq^r and Joseph Dudley Esq^r Assist^s Octob^r 26^o 1677. and confessed Judgement ag^t his Estate and person for thirty five pounds in mony to bee paid unto James Brading of Boston.

as attests. Js^a Addington Cler

Hickson Sent^a

Samuel Hickson complained of for running away from his Master John Hill Stealing &c. The Court Sentenc^d him to bee whip’t with Fifteen Stripes and order his Master to make Sale or otherwise to dispose of him in or out of the Country and to pay fees of Court standing committed etc.

Symmons Sent^a

Robert Symmons convict by his own confession in Court of taking up a peice of Stuffe valued at £.4:10:0 and £.3. in mony which hee saith hee found in the streete (the stuffe being challenged by Edmund Mountford) and not making it known or crying of it according to law; but imbezelling and converting it to his own use. Sentenced to bee whip’t with fifteen stripes and to pay unto Edmund Mountfort Nine pounds mony and to pay £.4. mony fine and fees of Court standing committ^d &c. and his Master Conney is ordered to dispose of him to Serve in any of his Maj^ties Dominions and to bee accountable to the County for one third of his price

Mackalucey Sent^a

Katharin Mackalucey convict of confederating with Rob^t Symmons in concealing of goods and mony which the s^d Symmons s^th hee found, and not attending the law to cry it; Sentenced to bee whip’t with ten stripes and order that her masf Conney make Sale of her in any of his Maj^ties Dominions paying fees of Court standing committ^d &c. [467]

Bridgham his Estate Setled

For a Setlem^t of the Estate of the late Benjamin Bridgham dec^d The Court orders that the Bretheren of the s^d Benjamin shall have and injoy the whole Estate left by s^d Benjⁿ both in lands and movables to theire own proper use (the house hold goods except) debts and funerall charges being first paid with what hath been necessarily expended by Sarah his Relict for her own and Servants maintenance since her husbands death; as also that the Servant late s^d Benjamins Serve out his time with the s^d Bretheren they fulfilling his Jndenture: The s^d Bridghams paying unto Sarah Relict of theire s^d Brother the Summe of two hundred pounds in mony and Shee to enjoy all the house hold goods: and that the s^d Sarah deliver up the Estate as is aboves^d unto the Bretheren of her s^d husband according to Jnventory the mony to bee paid one halfe at three months’ end, the other halfe at Six months.

Smith her Estate ordered

For a Setlement of the Estate left by Elisabeth Smith widdow deced. Jt is ordered that the whole Estate bee divided into five equall parts & so distributed unto the five Children of s^d Smith Viz. John, Joseph, Benjamin, Francis, and Sarah, what any of them have already received from s^d Estate to bee defalked out of theire respective parts: m^r Simon Lynde, James Everell and John Wing are appointed a Committee to Set out the Estate as above and to make return to the next Court of this County. The Return on file with Ianuary Court papers

Howlett his Estate Setled

For a Setlem^t of the Estate of John Howlett marrin^r late of Boston dec^d intestate. Jt is ordered that the remainder of the Estate (debts being first paid) amounting to One hundred thirty Seven pounds Eighteen Shillings Six pence bee equally divided between Susanna his Relict & Mary his onely Childe: Francis Hudson Father to the said Susanna taking the Childes part into his hands and paying interest for it yearely to its mother towards its education for which hee is to give Security.

Huffe Fin^d 10^s

William Huffe convict of disorders in his house, Sentenced to pay ten Shillings in mony fine to the County and fees of Court standing committ^d &c. and the Court caution him not to entertain Lodgers for the future.

Spencer Fin^d

Garthwait Spencer convict of selling strong drinke by retaile contrary to law having been under former convictions of the like; Sentenced to pay five pounds mony fine to the County & fees of Court and to give bond with Sureties of £.100: to bee of good behavio^r for the future especially not to transgress the law in the like kinde for the future standing committ^d &^a [468]

Pope Fin^d 10^s

John Pope Senio^r of Dorchester convict of drunkenness Sentenc^d to pay ten Shillings in mony fine to the County and fees of Court standing committ^d &c.

Hastings Sent^a

Miles Hastings convict of Swearing and other misdemeano^rs Sentenced to pay ten Shillings mony fine to the County prison charges & fees of Court standing committ^d &^a

Earle ordered out of Boston

Henry Earle is ordered to depart the Town of Boston.

Lavadure Fin^d £.5.

Priscilla Lavadure convict by her own confession in Court of retailing wine contrary to law. Sentenced to pay Five pounds mony fine to the County and fees of Court standing committ^d &c.

Marsh Sent^a

Mary Marsh bound over to answer for stealing severall parcells of Linnen from sundry persons The Court having heard and considered of what was alleaged and proved against her Sentenced her to pay unto m^r Paul Dudley six Shillings mony unto Sam^ll Jacklen five Shillings mony being treble damages according to law theire linnen to bee return^d them again and to pay fees of Court standing committ^d &c.

Lavis ordered to pay charges

Robert Lavis convict of giving out suspitious words in a threatning way Ordered to pay charges of prison and fees of Court and so to bee discharged.

Brookings his Licence

John Brooking had licence granted him upon approbation of the Select men to keepe a Cookes Shop and to Sell penny quart beere; who gave bond for observance of the laws and his Licence.

This Court dissolved [469]