At a County Court held at Boston April: 30th 1678 @
Present
- Jno Leverett Esqr Govr
- Edw: Tyng Esqr
- Simon Bradstrett Esqr
- Tho: Clarke Esqr
- Jo: Dudley Esqr
Grandjury the same wth the former Court
Jury of Tryals Sworn
- mr Benjn Davis
- Jno Holbrooke
- Jno Fairebanke
- Sampson Stoddard
- Jno Burge
- James Thorpe
- Tho: Clarke
- Fra: Newcomb
- Tho: Boiden
- Joseph Wise
- Jacob Nash
- Benjn Jones
[Alcock v. Mead]
Sarah Alcocke the Relict widdow of mr Samll Alcocke Physitian deced plaint. agt Richard Mead Senr of Roxbury Deft in an action of the case for witholding from the sd Sarah possession of the house where the said Mead now dwells and the Lands thereto appertaining &c. together with all other Lands belonging or appertaining to the sd Alcock lying & scituate in Roxbury and now in the possession of the sd Mead & all due damages &c. according to Attachmt. . . . The Jury . . . found for the Defendt costs of Court: The plaint. appeald from this Judgemt unto the next Court of Assistants & put in Security for the prosecution thereof to Effect.
[Copy of Alcock’s Will and Sarah’s Reasons of Appeal in S. F. 1721.1, 2. She withdrew her action before it came to trial at the Court of Assistants.]
[Sheffeild v. Nitingale]
Edmund Sheffeild Junior plaint. agt William Nitingale Defdt in an action of the case for the non payment of Fourty pound Sterling being the forfiture of a bond by Exchange of mony for not performing the Award of Fourteen pounds according to the determinacion of Caleb Hobart, Josiah Chapin Samuel Nile and William Veazy being Arbitrators indifferently chosen by sd Sheffeild & Nitingale as by theire Award bearing date the. Sixth of August. 1677. doth more fully appeare wth all [499] due damages &c. . . . The Jury . . . found for the plaint. the Forfiture of the bond being Forty pounds mony and costs of Court twenty Shillings and four pence. Execution issued 21o Decembr 1680.
Oughtred agt Curwin &c.
Charles Oughtred (or George Purkis his Lawfull Substitute Attourny of Samuel Sheafe of London agt Jonathan Curwin & Elisabeth his wife (Admx of the Estate of mr Robert Gibbs deced) and James Whetcomb or either of them Defts The plaint. withdrew his Action.
Charles Oughtred (or George Purkis Lawfull Substitute) Attourny &c. plaint. agt Jonathan Curwin &c. Defts The plaint. withdrew his Action.
Cooke agt Hull
Elisha Cooke Attourny of Captn John Wincoll plaint. agt Captn John Hull Defendt in an action of the case for witholding the Summe of two thousand pounds in currant mony of New-England due to sd Wincoll by Obligacion under his hand & Seale bearing date the. 6th day of April. 1671. with all other due damages &c. . . . The Jury . . . found for the plaint. two thousand pounds mony being the penalty of the bond & costs of Court The Defendt appealed from this Judgemt unto the next Court of Assistants & gave Security for the prosecution thereof to Effect.
[In this case John Hull the mintmaster was forced to break the record of which he had boasted four years earlier, that he had never sued any man nor been sued at law—S. E. Morison, Builders of the Bay Colony, p. 170; cf. id., p. 178, where a letter from Hull to George Broughton is quoted.
S. F. 1775.2
Whereas Capt John Wincoll hath resigned and made over unto mr John Hull and mr Roger Plasteed all his right title and interest in the Salmon Fall[s] Mills as per agreement or writing under his hand and Seale dated with these pursents appeares, wch is with the advice and consent of me Thomas Broughton Now know all men by these pursents that J the said Thomas Broughton binde my Selfe heires Execrs & admrs in the penall Summe of two thousand pounds currant mony of New-England unto the sd Capt. John Wincoll his heires Execrs admrs and assignes to save and keepe harmless the sd Jno Wincoll his heires Execrs admrs and assignes of and from all and all manner of debts dues claims & demands whatsoever any person or persons shall challenge or demand of him the sd Wincoll his heires or assignes by bonds bills covenant contract promi[se] Booke debts or any other waies by which they may claim the same from the said Wincoll as concerning his acting and manageing the sd Mills or any other waies wherein hee hath obliged himselfe for me the sd Broughton. Jn Witness whereof J put to my hand & Seale the 6th day of Aprill. 1671 @
Thomas Broughton (Sigil)
Signed Sealed & Deliurd in pursence of Jabez Fox Tho: Lake George Broughton
Owned in Court [30]th April, 1678 by mr Broughton
as attests Jsa Addington Cler
S. F. 1775.3
Whereas mr Thomas Broughton hath this sixth day of April: 1671. given an obligation under his hand & Seale unto Capt Jno Wincoll to save & keepe harmless the sd Jno Wincoll his heires Execrs admrs and assignes of and from all manner of debts dues claims and demands whatsoever any person or persons shall challenge or demand of him the sd Wincoll his heires or Assignes by bonds bills covenants contracts or any otherwaies whereby they may claim the same of and from the said Wincoll as concerning his acting and manageing the Salmon fall Mills or any otherwaies wherein hee hath obliged himselfe for the sd Broughton as per the sd writing appeares: Now know all men by these pursents that J John Hull of Boston in New-England binde my Selfe my heires Execrs & Admrs unto the sd John Wincoll his heires Execrs & Admrs in the penall Summe of two thousand pounds currant mony of New-England That the said Broughton shall do and perform the same in every respect concerning all dues claimes dema[nds] that hath been obliged since the 6th day of December. 1662. Jn Witness whereof J put to my hand and Seale the words (being obliged) was interlined before Sealing.
John Hull (Sigil.)
[Same witnesses as to previous document]
Hull appealed to the Court of Assistants (Records, i. 122) which sustained him, and required Cooke to pay 59s costs.]
Dowden agt Hayman
Leonard Dowden plaint. agt John Hayman Deft The plaint. withdrew his Action.
Whetcomb agt Cosens
James Whetcomb plaint. agt Jsaac Cosens Deft The plaint. withdrew his action upon the Defts confessing Judgemt
Green agt Raynsfords
William Green plaint. agt John Raynsford David Raynsford & Solomon Raynsford Defts in an action of the case for unjustly molesting of the sd Green by disturbing or hindering of him in the building or Erecting of a wharfe before his own ground at the Southerly end of Boston which is greatly to his damage with all other due damages &c. . . . The Jury . . . found for the Defendts costs of Courts. [500]
Waldron agt Henderson
Jsaac Waldron plaint. agt William Henderson of Dover Deft in an action of the case for that the said Henderson hath not recalked graved fitted & compleated a Ship about One hundred twenty and Seven tons to the Sea with all Carpenters worke whatsoever wth all possible Speed according to his obligation bearing date the. 7th of January Anno Dmn 1677. whereby the sd Waldron or his Emploiers are damnified One hundred and Fifty pounds or thereabouts in Silver, wch shall appeare with all other due damages &c. . . . The Jury . . . found for the Defendt costs of Court grantd thirty Shillings & eight pence: The plaint. Appeald from this Judgemt unto the next Court of Assistants and gave Security for the prosecution thereof to Effect.
[By bill of sale dated 7 January 1677/78 (S. F. 1734.5), William Henderson sold to Isaac Waldron for account of Samuel Wiggins of London, merchant, three quarter parts of the ship Primrose, 127 tons burthen, for the sum of 307l 10s. On the same date he signed the following obligation:
S. F. 1734.7
Whereas J William Henderson of Dover in New-England Ship-wright have built for Jsaac Waldron of Boston in New-England abovesd Physitian & his order the hull or body of a Ship or Vessell of burden about One hundred and twenty Seven tons now lying in the River of Piscataqua, and am obliged to recalke grave and everyway to fit and compleate the sd Ship to the Sea with all Ship Carpenters worke whatsoever: J the sd Henderson do hereby oblige my Selfe heires Execrs and Admrs that J will with all possible Speed do and finish the sd workes or cause them to be done and finished to the compleate fitting the sd Ship to the Sea as aforesd and in case the sd Ship shalbee hindred or any waies staied through my default for want of any of the sd workes being done unto her, J do hereby promiss and engage to pay and Satisfy the sd Jsaac Waldron his Correspondants Emploiers or Assignes all such just damages as hee or they shall Sustein by reason of the Ships lying for want of the sd worke. Jn Witness whereof J have hereunto put my hand & Seale this Seventh day of January Anno Dm 1677 @
Wm Henderson a Seale
Signed Sealed & Deliurd in pursence of us.
Nathal: Byfeild
Jsa Addington.
S. F. 1734.6
By this publick Jnstrument of Protest, Bee it known and manifest unto all People that on the Eigth day of February in the yeare of our Lord One thousand Six hundred Seventy Seven Stilo Anglise. Before me Robert Howard dwelling in Boston sole Notary and Tabellion publick by Authority of the Generall Court of the said Colony admitted and Sworn Appeared Jsaac Waldron of Boston aforesd Physitian and desired me the sd Notary to protest against William Hinderson of Dover in New-England Shipwright, For that whereas hee the sd William Hinderson by Obligation under his hand & Seale bearing date the Seventh day of January One thousand Six hundred Seventy Seven did contract and oblige himselfe his heires Execrs and Admrs unto the sd Jsaac Waldron forthwith or with all possible Speed to recalke grave & every way to fit and compleate, a Ship or Vessell to Sea burthen about One hundred twenty and Seven tons now lying in the River of Piscataqua with all Ship Carpenters whatsoever to bee done unto sd Ship to and for the use of sd Jsaac Waldron his Correspondents Jmployers or Assignes according to the tenour of sd bond shewed to me the sd Notary: Now hee the sd Jsaac Waldron desired me the sd Notary to protest against the sd William Hinderson, For that hee the sd William Hinderson hath not recalked nor graved nor fitted the sd Ship with a Capstan & Windlice & Boate and many other things in fitting the sd Ship to Sea with such Expedition and possible Speed, according as is expressed & manifested in sd recited Obligation as by the same Obligation reference thereunto being had will more fully appeare: Wherefore J the sd Notary according to the instance and request aforesd in behalfe of the sd Jsaac Waldron the Appearer and parties therein concerned as aforesd J do hereby solemly protest against him the sd William Hinderson Shipwright for all breach of the sd Covenant, Contracts & Agreements by him to bee performed & kept contained in sd recited Obligation according to the true intent and meaning thereof, and thereby for all Losses charges hazards detriments disappointments & damages whatsoever at present Suffered or that hereafter the sd Waldron &c. shall or may Suffer or Sustain to bee all recovered against him the sd William Hinderson Shipwright his goods & Estate in time and place convenient: This was thus done & protested according to the Custom of the sd Mattachusetts Jur[is]diction in the publick Office of me the sd Notary [in] Boston aforesd the sd Eigth day of February 167[7] in pursence of John Morse and Paul Batt Jnhabitants in sd Boston being Witnesses hereunto called [and] requested.
Quod virtute Officij mei attestor
Robert Howard Not: publ. prædict.
This protest is Recorded in the 163. & .164. page of the sd Notary Records per purdt Ro: Howard: N: P:
J the abovewritten Notary (besides what is already done in point of protest as is abovesd) do hereby order appoint and depute William Waldron to publish the same to himselfe, if not out of the way or at his house or at the sd Ship or Vessell.
This protest was published and read onboard the Ship within mentioned and also to mr Henderson himselfe, sometime in February last past, J also left a Note at his house J had from mr Howard which was to give him notice of this protest also.
per me Will. Waldron
. . . true Coppie . . . Jsa Addington Cler
S. F. 1734.9
The Deposition of Derrick Addams aged about 36 yeares Testifyeth & Saith,
That he being Boatswaine of the new ship built at Dover, by William Henderson, in the yeare 1677 This deponent did worke Sundry days on board the sd Ship, being Shipped by mr Jsaac Waldron and that the Said Ship now Called the Primrose, was not afloate but remained on the Sands neere the Towne of Dover, untill Richard Rich & by his meanes, and by our Endeauors, the Sd Ship was Sometime in the monthe of February last past Carryed out into the river, and that vntill that time, the Ship was not afloate or Swimming, and further this deponent Saith not
Joseph Hasy, carpenter, added his testimony in part as follows (S. F. 1734.12):
. . . that if mr Hinderson had been willing hee might have been daily forwarding the worke ever since the .7th of January abovesd to this day, being yet much Carpenters worke to bee done before Shee is fit for Sea Vizt calking up the portholes, recalking the deck placeing the Capstan as it should bee, a Ladder to Set to the Scuttle to go down between decks and placeing timbers to stow the Boate upon deck and much other worke that the sd Hinderson or Builder ought to have done; which J am yet daily imployed to do being imployed by mr Waldron: And J further testify that on the Seventh day of January last past the Ship abovesaid wanted a Boate, recalking graving capstain windlice top mast top mast yards, tiller transome and much other Carpenters worke that the Builder ought to have done, and that J Joseph Hasey by mr Waldrons order have worked on the sd Ship in making or mending and Setting the Boate sprite, Cheekes for the Chimneys fitting and setting the Mison mast, plaineing and Cleeting the maine yard maine top saile yard, maine topmasts, the drawing and plaining and cleeting the fore yard the fore top saile yard and fore topmast, graveing two sides drawing and plaining the mizon yard mizon topsaile yard cross jack yard, mizon top mast calking between the wales fitting the sprittle yards and top mast, forelocking of bolts, the making the bulkehead in the Lazareta, the pump case the Loading port, the Setting of the pump and much other worke that the sd Henderson ought to have done about which worke J spent thirty five dayes after the rate of three Shillings and Six pence per day in Silver as mr Waldron payes to other Carpenters it comes to Six pounds two Shillings and Sixpence part of which J have receivd of sd Waldron already, and doubt not but shall have the remainder to my Satisfaction after J have finished the Carpenters worke which J am daily about, and which worke mr Hinderson or builder ought to do or cause to bee done; but the said Henderson absented himselfe and would not, and J do really beleive that if mr Waldron had not imployed hands to do the Carpenters worke to sd Ship, Shee might have spent the Ownrs by wages and provisions for Seamen and other Charges more then Shee is worth before mr Henderson would have fitted her with all Carpentrs worke fitting for the Seas
Grt Jsland the .22d April. 1678. Joseph Hasey came and made oath to the truth of the within written Before me
Elias Stileman Commissr
Considerable additional testimony as to Henderson’s neglect is in S. F. 1734.5. The Court of Assistants (Records, i. 119–20) confirmed the former judgment with 53s 8d costs. But Waldron had to sue Henderson twice again, in the July sessions of 1678 and 1679; see below, pp. 924 and 1038.]
Cobham agt Joanes
Josiah Cobham Senior or his Attourny plt agt Robert Joanes Defdt in an action of the case for not paying the full and just quantity of Nine thousand & two hundred foote of Merchantable pine boards due according to bill under the hand of the sd Joans bearing date the. 6th of Decembr 1677. which is to the plaints great damage wth all other due damages &c. . . . The Jury . . . found for the plaint. nine thousand two hundred foote of Merchantable pine boards according to bill & costs of Court granted twenty one Shilling and eleven pence.
Execucion issud May. 3d 1678.
Harbour agt Webb etc.
John Harbour plaint. agt Christopher Webb and Joseph Allen Defts in an action of the case for mowing and carrying away grass off of his meadow which was formerly the meadow of his Father contrary to any good order to the great damage & loss of the sd Harbour: . . . . The Jury . . . found for the Defendts costs of Court allowd Fifteen Shillings 2d
Scarlett agt Gilman
John Scarlett of Boston plaint. agt Moses Gilman of Exiter Defdt in an action of debt of Eleven pounds nineteen Shillings & Six pence in good Merchantable [501] pine boards at mony’s price to bee pd at Boston as will appeare by bill under his hand bearing date Decembr 23:1676. wth all other due damages &c. . . . The Jury . . . found for the plaint. Eleven pounds Nineteen Shillings six pence to bee pd according to bill & costs of Court grantd thirty three Shillings & four pence.
Execucion issud 4o May. 1678.
Tompson agt. Curtis
Benjamin Tompson of Brantry Assigne by Deed and Proprietor by purchase of the Estate of John Godfry plaint. agt Zacheus Curtis Senior Defendt for witholding a debt of Eleven pounds due by bond or bill to the sd Godfrey & his Assignes as therein is Specified together with all due damages for non payment. . . . The Jury . . . found for the plaint. Eleven pounds to bee pd according to bill & costs of Court, granted 39s
Execution issued June: 22o 1678.
Wiswall agt Cooke
John Wiswall Junior plaint. agt Elisabeth Cooke the Relict; widdow and Executrix of the last will & testamt of Richard Cooke late of Boston deced & Elisha Cooke Executor or either of them Defendts in an action of the case for a division of certain lands and houseing lying in the Limits of Boston at Rumney Marsh being commonly called Lanes Farme, the one moity or halfe part thereof was Legally convayed to the sd Wiswall, by his Father John Wiswall Senr which the sd Cookes refuse to divide, whereby the sd Wiswall is greatly damnified with all other due damages &c. . . . The Jury . . . found for the Defendts costs of Court.
Johnson agt Wilder
Humphry Johnson as heire or assigne of Humphry Turnor and Joseph Turnor late of Scituate in New-England, plaint agt Jsaac Wilder Defendt according to attachmt The plaint. withdrew his Action & the Court granted the Defendt costs
Scottow agt Tinney etc.
Captn Joshua Scottow plaint. agt John Tinney & Richard Moore of Scarborough or either of them Defendts in an action of the case for carrying away the plaints Shallop from the sd Scarborough wth her appurtenances in the yeare. 1676. whenas the sd Scottows house, and the Country’s garrison was deserted or deliurd up unto the Enemy; which hath been to the sd plaints very great damage: . . . The Jury . . . found for the plaint. thirty pounds mony damage & costs of Court grantd thirty two Shillings
Execucion issued May: 6o 1678. [502]
Scilley agt Thayer
Thomas Scilley plaint. agt Richard Thayer Defendt in an action of the case for breach of bond by the non paymt of ten pounds mony due to the sd Scilley by an Award and also weekely wages due as by the bond bearing date. 22o January. 1677. and an award under the hands of Samuel White & Christopher Webb bearing date. pro March 1677/8. will more fully appeare wth all other due damages &c. . . The Jury . . . found for the plaint. the Forfiture of the bond being Fifty pounds mony and costs of Court: Vpon hearing of both partys the Court chancered this Forfiture to twenty five pounds of sd Summe & costs of Court granted thirty four Shillings 4d
Execution issued 20th May. 1678.
Bartholmew agt Hathorn
William Bartholmew plaint. agt Sara Hathorn Execx & Ebenezar Hathorn Executor to the last will of Jno Hathorn deced Deft The plaint. withdrew his Action.
Keen agt Oxe
John Keen plaint. on appeale from the Judgemt of the Worppll Edwd Tyng Esqr agt Robert Oxe Defendt. . . . The Jury . . . found for the plaint. Revertion of the former Judgemt and costs of Courts. Tho: Lacey as Attourny of the Defendt appealed from the Judgemt of this Court unto the next Court of Assistants & gave Security for the prosecution thereof to Effect.
[This was an appeal from a Commissioner’s Court, in an action of debt of 2l for a disappointing barrel of anchovies. (Bill in S. F. 1707.3.)
S. F. 1707.2
John Keene his Reasons of Appeale from the Judgemts of the Worppll Edward Tyng Esqr dated the. 23th of Decembr 1677. @
Jmprs The now plaintife ownes that hee treated with mr Oxe but did not make a positive bargain about a small caske of Anchovis; which sd Keene would have paid for if good and Merchantable; but sd Oxe sent a caske to his house that was not good or Merchantable Therefore the now plaintife appeales to his Honorable Court for Judgement in the case, humbly conceiving that the Anchovis were not good and Merchantable or worth the money charged for, nor is the process legall being in mr Oxe his Name when hee Sweares it was in behalfe of his principall in England contrary to the Law page the Eight Sect, the 3d all which J leave to this Court and Jury, and remain yor Honors Servant to command.
John Keene
These Reasons of Appeale were Recd april: 25th 1678.
Edward Tyng
Robert Oxe his answer to John Keenes Reasons of appeale from the Judgemt of the Worppll Edward Tyng Esqr dated the. 23d Decembr 1677. @
J Answer that the bargain was firme & good between man and man, in that the now plaintife ordered the Sending of the sd Anchovis to his house which was performed in good order and welconditioned, otherwise why not returned when first received, there being no complaint made untill Severall months after, that they was bad and when they were so without doubt it was thrô his own carelesness in not lookeing after so perishing a Commodity, which will decay (wanting pickle in a few dayes, and whereas hee Sayes that the process is not legall is to bee admired considering that Judgement hath been given twice by the Worpll Edward Tyng for the Defendt it appearing as J suppose by the sd Defendts Leager that though the Anchovis was commission goods, yet hee had given the accot Credit for the very same barrell of Anchovis that the now plaintife had makeing the debt his own in so doing, having ballanced the Account and sent it with the produce of the goods home to his principall in England, not thinkeing it fit that the Accot should remain unballanced for Forty Shillings when it was in such Secure hands (as hee thought) as the now plaintifes, but there is few men which may not bee deceived as well as the Defendant, who trusting to finde mr Keen a just peaceable man, meetes in his roome a man of a turbulent Spirit, which had rather Spend (as J have heard him Say) Forty pounds, then pay this honest just forty Shillings debt; this J leave to the Juditious Judgemt of this Honord Court and Jury, Remaining
Yor Honors most humble Servt
Thomas Lacey attourny to Robert Oxe
Joseph Webb testified (S. F. 1707.5) that, encountering Keen,
. . . mr Oxe entred into discourse about the Anchovis they had a Sute of Law about, mr Keen said they were rotten and not good, mr Oxe owned hee did not looke into them, but as was usuall hee run down a stick amongst them, and said hee smelt of the Stick and it was Sweete, adding if it smel’t of the Anchovis then they were Sweete, if otherwise they were not good.
Oxe appealed from the County Court. His Reasons (S. F. 1732.4) contain little of interest but the following passages:
. . . J Aprahend that when Goods are Sould & Deliuerd that it cannot be in the Choice of the buier whether he will haue them or noe Thorow a dislike of ye Comodaty a Considerable time after Especially when the Goods are Damnified by ye buiers Carlsness if it be Soe then Adue to all Trade & Commerce in the world, but if the Goods be not Such as they were bought for why not Returne when first Receued that the now plentiue might haue made the best aduan[tage] of them, but he must be the Suffaror for others neglect.
The gist of Keen’s reply (S. F. 1732.5) is in these paragraphs:
4ly Jf Mrchants at thire owne will & pleasure Send their Rotten Commodities to any mans house without his order or if they doe soe, them selfes aught to paye ye losse on booth parties, elce J must saye Adue to all such commerce. . . .
6ly Mr Oxe, pretends hee thrust a sticke into ye Anchovis, yt by ye smell of it hee might proue their Goodnes or sweetnes, but the jury by mind[ing] the euidence in the Case will finde a slate stone betwene ye drye Rotten Anchovis and ye [stice] Soe yt by yt proofe hee Could not haue the true Savour of them
James Butler testified as to the stick and stone, and Keen’s maidservant testified that the anchovies “was rustey and rotten that wee could not use them, but was forced to send for other anchov to use at a feast wee had presently” (S. F. 1707.6, 7).
Nevertheless the Court of Assistants, (Records, i. 124) reversed the former judgment and forced Keen to pay for the anchovies and 56s 10d costs.]
Way agt Savage
Lt Richard Way Attourny of John Hornbrooke plaint. agt Ephraim Savage who married Sarah Walker the late widdow and Admx to the Estate of Obadiah Walker deced Defendt in an action of the case for not paying the Summe of Eighteen pounds in mony due to the sd Hornbrooke for wages done in the Service of sd Walker at Kenebeck as shall appeare by Evidence, for want whereof the plaint. is very much damnified wth interest and all other due damages &c. . . . The Jury . . . found for the plaint. Eighteen pounds mony and costs of Court.
Lt Richd Way appearing in the Office acknowledged hee was fully Satisfied the abovewritten judgemt
Tompson agt Whitaker
Benjn Tompson assigne by Deed & proprietor by purchase of the Estate of John Godfrey plaint. agt Abraham Whitaker Senr Defendt according to attachmt The plaint. was nonsuted upon non appearance and costs granted the Defendt
Clarke agt Nichols
Andrew Clarke plaint. agt John Nicholls Defendt according to attachmt The plaint. was nonsutd in failure of process Suing in an action of Reveiw wherein there was formerly two Defts and now but one reveiwing and costs grantd the Defendt [503]
Clarke agt. Kent
Thomas Clarke Mercht plaint. agt William Kent Defdt in an action of defamation, that when sd Kent came to fetch two pipes of wine hee bought of sd Clarke, hee said hee would not bee cheated by him, and hath often said the wines hee bought of Clarke were abused, all which is untrue: . . . The Jury . . . found for the Defendt costs of Court.
Clarke agt. Kent
Thomas Clarke Mercht plaint. agt Wm Kent Defendt for a debt of thirty Eight pounds mony due for two pipes of wine Sold him in January last: . . . The Jury . . . found for the Defendt costs of Court.
Kellond agt Checkley
Thomas Kellond Attourny of Thomas Martyn plt agt Anthony Checkley Defendt according to attachmt The plaint. withdrew his Action.
Bradstreet agt Starling
Simon Bradstreet Esqr plaint. agt William Starling Defendt accord, to attachmt The plaint. withdrew his action.
Tompson agt Simons
Benjamin Tompson Assignee by deed & proprietor by purchase of the Estate of John Godfrey plaint. agt Samuel Simons of Haverill Defendt for witholding possession of Lands unto the sd Godfrey Mortgaged, from the sd Tompson, or refuseing to pay fourscore pounds wch the sd Land was mortgaged for, together wth due damages: . . . The Jury . . . found for the plaint. twenty pounds according to bill & costs of Court allowd thirty Seven Shillings four pence.
Execution issued 21o Januro 78.
[A copy of the indenture is in S. F. 1622.9.]
Cozens to Whetcomb
Jsaac Cozens personally appearing in Court, confessed judgemt agt his Estate and person unto James Whetcomb for Eleven pounds twelve Shillings six pence to bee paid in mony.
Execution issued May. 10th 1678.
Sterling to Tyng
William Sterling of Havarill personally appearing confessed Judgemt agt his Estate and person unto Edward Tyng Esqr for Nineteen pounds to bee pd in mony, being so much remaining due according to bill on file wth damages.
Execucion issued. June. 16th 1678.
May his Estate divided
Vpon request of Abigail May widdow, for a division of the Estate left by her late husband Samuel May of Roxbury deced: Jt is ordered that the eldest Son of sd May shall have twenty marke and the rest of the Children twenty Nobles apeice to bee pd unto [504] them as theire portions from theire sd Fathers Estate when they shall attain theire respective ages of one & twenty yeares the portion of him or her dying before that age shalbee equally divided among the Survivors the whole remaindr of the Estate is granted unto Abigail Relict of sd May and her heires for ever.
Parsons discharge from Trayning
William Parsons upon his petition by reason of age and infirmities of body attending him was discharged from attending upon ordinary traynings in the Military Company under the command of Captn Daniel Henchman or in what other Compa hee may remove to, paying four Shillings per annum to the use of the Compa and keeping armes according to Law.
Brantery Clerke of the Writts
Vpon the motion of the Inhabitants of Brantery Christopher Webb is approved of to bee Clerke of the Writts for sd Town.
Breck Find £.8.
Thomas Breck of Boggastow convict by his own confession in Court of buying for & delivering unto an Jndian two quarts of strong Liquors Sentencd to pay Eight pounds in mony fine to the County according to Law: upon his petition the Execution of this Sentence is respited.
A Freeman Sworn
mr Jabez Fox tooke the oath of freedom of this Colony.
Weymouth Clerke of Writts
Stephen French being nominatd by the Inhabitants of Weymouth is approved of to bee Clerke of the Writts for sd Town.
Weymouth Commissrs
Captn William Torrey Lt John Holbrooke & Serjt Samuel White are appointd to bee Commissionrs to end small causes in the Town of Weymouth for the yeare ensuing.
Collacots discharge
mr Richard Collacot of Boston is freely dischargd from attending upon ordinary Traynings hee keeping armes according to Law.
Baker his discharge
Alexander Baker of Boston is freely discharged henceforth from attending upon ordinary Traynings hee keeping Armes according to Law.
Order for a meeting of mr Paines Creditorrs
Whereas there is a Commission granted unto mr Anthony Stoddard mr John Joyliffe and mr William Tailer to take in the claims of the Creditors to the Estate of mr John Paine deced Jt’s ordered that the sd Commissionrs do forthwith call together all those who do appeare as Creditors or that make a claim to that Estate (at such time and place of Meeting as the sd Commissionrs shall appoint) in order to theire consulting of the most Speedy and effectuall course for the inquiring out and gathering in of that Estate. [505]
[Barker & Dickenson break prison]
Vpon the consideration of Benjamin Barker & John Dickenson theire breaking prison and often running away since theire receiving theire Sentence and increasing charges: It’s ordered that the persons concerned in them make Sale of them for what time they can for the full discharging of the Courts Sentence & other charges about them.
[Dickinson was in jail on a four-year sentence for stealing a horse. See above, p. 889. The following petition is in S. F. 1684:
To the Honoble Court of Assistants now Sitting In Boston March 5th 167⅞ @
The Petition of Robert Earle Prison keeper in Boston
Humbly Sheweth that Whereas three Prisonrs namely Richard Cooley Benjamin Barker & Iohn Dickerson who were Committed to his Custody: have made their Escape out of the Common Goale where they were placed for Security: by Breaking up the Lower floare of the sd Prison & Workeing them selves out under the Ground Sill of the sd house: wch they the more Easyly did and wth the Less noyse for that the floare of the sd prison is much Rotten & Decayed
Yor Petior therefore humbly Intreats ye favor of this Honoble Court not to Impute this their Escape to him as to any Neglect of his Duty: and also Intreats Yor Honors to pass an order, The Treasurer of the Country for the Speedy repaire of the Lower floare of the sd Prison and the fences about the Same
Yor Petior doth hereby also Humbly Intreat the favor of this honoble Court to Signifie to the Treasuror what the Annuall allowance or Sallery is, that hath beene of Late Yeares made by ye Country to the prison keepers of Boston: for that the Treasuror doth affirme he hath no record to Cleare the Same to him; and to pass an Order to him for the paymt of the Same, to Yor Petior as it Shall become due: wth what Farther Allowance Yor Honors Shall See meet; for that he is Debarred of ye privilidge of Retaileing beare wch hath beene often granted to others in the same place & office so shall yor be ever obliged to pray &c.
Robert Earle]
Treat Senta
Matthias Treat convict by his own confession in Court of breaking open the warehouses of mr Joseph Lynde & mr James Russell of Charlestown and stealing thence severall goods, mr Lynde giving in an accot to the value of twenty pounds that hee hath lost, and mr Russell giving an accot of goods stole from him to Value of Seven pounds Seventeen Shillings. sd Treat is Sentenced to bee whip’t at Charlestown wth twenty Stripes and to pay to mr Joseph Lynde Sixty pounds mony; To mr James Russell twenty three pounds Eleven Shillings mony being 3ble damages according to Law, standing committd untill hee performe this Sentance, and in case hee procure not Estate to pay the sd Summes, Jt’s ordered that mr Lynde & mr Russell pay his Court and prison fees with charges of prosecution and dispose of him in Service for theire Satisfaction.
Messenger & Hews Find 5l apeice
Simeon Messenger and Joshua Hews bound over to this Court to answer for being unseasonably and in a suspitious manner in the company of two women or women kinde and obstinately refuseing to discover what women they were. Ownd that they were in the Evening in compa of two women kinde a little below the top of the hill behinde the house in which Govr Endicott last dwelt; but said they knew not theire names: The Court Sentencd sd Messenger and Hews to pay five pounds apeice in mony fine to the County; unless they declare who the women kinde were that were At that time in theire company and to give bond wth Sureties of twenty pounds apeice for theire good behavior untill the next Court of this County, and to pay fees of Court standing committd &c.
Bumsteed Find 25l
Jeremiah Bumsteed convict by his own confession in Court of Selling five quarts of Cyder to an Jndian; and also of Selling drinke without Licence to the English: Sentenced to pay five and twenty pounds in mony fine to the County according to Law and fees of Court standing committd &c.
Hall Find 40s
Abigail Hall complaind of for being in a shamefull manner drunke onboard the Ship Prudent Mary Benjamin Gillam Master and useing many obsceene Speeches the drunkenness Shee ownd The Court Sentencd sd Hall to bee severely whip’t with fifteen stripes, and to pay fees of Court and prison standing committd &c. Upon her and her daughter’s petition The Court remittd her corporall punishmt paying forty Shillings mony to the County.
Stevens Senta
John Stevens prosecuted by John Read of Road Jsland and William Chaplin of Dorchester for borrowing a [506] horse of sd Read under pretence of rideing him about four miles, rod him away to Boston and sold him to sd Chaplin which hee confest in Court, and afterwards being apprehended by hue-en-cry for the same and committd to prison broke prison and run away: Sentenced to bee severely whip’t with twenty Stripes and to pay unto John Read or his order Forty Shillings in money To Wm Chaplin four pounds fifteen Shillings money, and charges of prosecution with fees of Court and prison standing committd &c.
Dedham Commissionrs
The Court appoints Capne Daniel Fisher Ensigne Thomas Fuller and Serjt Richard Ellice of Dedham to bee Commissionrs for ending of small causes within sd Town for the yeare insuing.
Wharton & Gridley bound to ye good behavior
Phillip Wharton and Mary Gridley formerly his wife being bound over to this Court to answer for theire disorderly and offensive cohabiting together having Sued out a divorce, they ownd they did live together: Sentenced to give in bond with Sureties of twenty pounds apeice for theire good abbearance untill the next Court of this County, especially to refrain the Company of each other and to pay fees of Court standing committd &c.
[The following document (S. F. 741.4) relates to an incident in the life of Mary Gridley when she was still married to Philip Wharton.
Dorcas Morrisse aged about twenty three yeares testifi[eth] and Saith That Robert Hill Lodging in the House of William Morrice stayed at Home one Lords day in the Morning this Deponent went vp into His Chamber & Demanded of Him why hee did not Goe to the Meeting, & finding trimming himselfe, asked him the Reason why hee trimmed himselfe on the Lords Day his answer was that a pretty wench Inuited him to see her, in the afternoone, this Deponent Chiding him for so saying, hee Came Downe & went out, when hee Came Home at night This Deponent asked him what Meeting he had been at His answer was that he had been at a Church with a Chimney on it & Demanding of Him againe where he had been he swore by God he had been Cuckolding of her Landlord Wharton, this Deponent replyed that she Hoped he had not Done so, but the said Hill answered yes by God but he had, & said she was a good Black Girle & would Entertayne a stranger Louingly, & that he had Done it now three times, & that shee had giuen him Leaue to take Tobaccho what he would out of the Sellar, And the Week following this Deponent saw John Denis Seruant to Phillippe Wharton Deliuer it to the said Hill Phillip Whartons wife being present, & gaue order for the Deliuering of it And farther this Deponent saith not: Dated the 26th Day of the 12 mo 1665 on the Que: she saith she knowes not How many Sabbaths since it was nor what time of the year,
Sworne 9.1:65
Before me Thomas Danforth]
Hollingsheads discharge
Richard Hollingshead of Boston is freely discharged from ordinary traynings by reason of bodily weakenesses attending him, hee keeping armes according to Law.
Davenports discharge
Thomas Davenport of Dorchester by reason of age and weakenesses of body attending him is freely discharged from attending upon Ordinary traynings, hee keeping armes according to Law.
Doggett & Roberts find 10l
William Doggett and Peter Roberts convict by theire own confession in Court of committing Fornication with Martha Horcely: Sentenced to bee severely whip’t wth twenty stripes apeice standing commitf &c. upon theire humble petition theire corporall punishmt was remittd they paying five pounds apeice in money fine to the County
Horcely whip’t
Martha Horcely convict by her own confession in Court of committing Fornication with William Dogget & Peter Roberts immediately one after another, and in the sight of each other. Sentenced to bee severely whip’t with twenty stripes, and to bee whip’t again at Dorchester (the place of her abode) upon the next Lecture day with twenty stripes severely laid on and to pay fees of Court standing committd &c.
Styles admonish’t
Robert Styles of Dorchester presented for not attending the publique worship of God, negligence in his calling and not Submitting to Authority, testified upon the oathes of Thomas Davenport and Jsaac Jones, Grandjurymen: Sentencd to bee admonish’t, and order that hee put forth his Children, or otherwise the Select men are hereby impoured to do it according to Law. [507]
Butler Senta
James Butler being charged by Mary Griffin to bee the reputed Father of an illegitimate Childe born of her body; which She alwaies and in the time of her extremity continued constant in The Court declare sd Butler to bee the reputed Father of the sd Childe according to Law, and order him to give Security to the Treasuror of Boston to Save the Town from charge as also Security to the Trear of the County to pay two Shillings pence per weeke in money towards the maintenance of sd Child untill the Court take further order, and to pay halfe the charge of the womans Lying in wth fees of Court standing committd &c.
Hartnon Senta
Katharin Hartnon convict of belying and scandalizing mr Simon Lynde and his wife, Sentenced to bee whip’t wth fifteen Stripes or to make an humble acknowledgemt to the Court’s Satisfaction and to aske forgiveness of mr Lynde and his wife.
Smith dischargd
Joseph Smith being charged and prosecuted by Peter Goulding for Violating his oath in not giving in a full Jnventory of the Estate of his late Mother Elizabeth Smith deced Vpon hearing of what was alleaged agt him The Court acquitted him from the charge.
Waggitt Find 5s
Thomas Waggit complained of for taking up the bowle of a Silver Spoon, which hee had not cryed according to Law offering it to Sale unto the Gold Smith wch hee ownd Sentencd to pay five Shillings mony to the Treasuror of the County with the sd peice of Spoon for the use of those that shall make out a right to it, and to pay fees of Court standing committd &c.
Order for the Prison Keeper
Jn Answer to the complaint and petition of the Keeper of the Prison in Boston: Jt is ordered that henceforth all persons who have Judgemt against others for Satisfaction of damages in any criminall case, and are imprisoned untill they so do; do henceforth Secure the Keeper his fees as the Law provides upon Executions in civill causes otherwise the Keeper may dispose of them for his own Satisfaction; and that the Keeper timely Signify this order to all concerned.
Darbey Senta
Robert Darbey, and Sarah Sanderson convict by theire own confession in Court of committing Fornication, but being since married. Sentenced to bee whip’t with ten Stripes apeice or to pay forty Shillings apeice in mony fine to the County and fees of Court standing committd &c.
Bridgham his Guardian
mr Henry Bridgeham having by his last will committed the care of his youngest Children unto his Son Jonathan Bridgeham; James the youngest Son of sd Henry being now of age to choose a guardian appeared in Court & made choise of his sd brother Jonathan to bee his guardian which hee accepted and the Court approved hee giving his own bond for the same. [508]
Harrison dischargd
John Harrison junr was discharged by proclamation from his bonds for good behavior
Howell Senta
John Howell bound over to this Court to answer for his wounding of Joshua Cobham upon his head; whereby hee hath been much damnified in expence for his cure and Loss of time, Upon due consideration of the case sd Howell is Sentenced to pay unto sd Joshua Cobham ten pounds in money damage and fees of Court.
Execution issued. 7. may. 1678.
Shippen etc. Senta
Edward Shippen and George Danson convict by theire own confession in Court of absenting themselves from the publique worship, the Law was read to them and they were Sentenced to pay for theire transgression according to Law.
Danson Admonish’t
Elizabeth Danson convict as above and being her first conviction was admonish’t and dismist.
[Lidgett Fined]
Charles Lidgett ordered to pay five Shillings in money fine to the County according to Law, for being unseasonably in the house of Widdow George Ordinary Keeper in Dorchester.
Rock his discharge of Administran
mr Joseph Rock presenting the Return of the Committee stated by the Generall Court for the Setling of the Estate of mr John and mrs Martha Coggan which was under his Administracion, and discharges for his payments according to theire order, which are on file The Court discharged him from his sd Administracion and bond relating thereunto.
[Boston] Licences
mr John Viall upon approbacion by the Select men of Boston was Licensed to keepe a house of publique Entertainment & to retaile Beere, Cider, and wine for the yeare ensuing; who gave bond for observance of the Laws.
Capne William Wright having like approbacion was Licensed to keepe a house for publique entertainmt and to retaile Beere, Cider & wine for the yeare ensuing, who gave bond for observance of the Laws.
Widdow Wardell had her former Licence renewed to keepe a house for publique Entertainmt and to retaile Beere & Cider for the yeare ensuing, and gave bond for observance of the Laws.
Francis Hudson having like approbacion was Licensed to keepe a house for publique Entertainmt & to retaile Beere Cider & wine for the yeare ensuing, who gave bond for observance of the Laws. [509]
Thomas Wheeler having approbacion of the Select men of Boston was Licensed to keepe a house for publique Entertainment & to retaile beere, Cider & wine for the yeare ensuing; who gave bond for observance of the Laws.
Robert Cox upon like approbacion was Licensed to keepe a house for publique entertainmt & to retaile beere & Cider for the yeare ensuing, who gave bond for observance of the Laws.
Christopher Crow upon like approbacion was licensed to keepe a house for publique entertainmt & to retaile beere and Cider for the yeare ensuing, who gave bond for observance of the Laws.
Thomas Sexton upon like approbacion was Licensed to keepe a house for publique entertainmt & to retaile beere and Cider for the yeare ensuing; who gave bond for observance of the Laws.
William Kent upon like approbacion was Licensed to keepe a Cookes Shop, and to retaile beere Cider & wine for the yeare ensuing, who gave bond for observance of the Laws.
William Pollard upon like approbacion was Licensed to keepe a house for publique Entertainmt & to retaile beere & Cider for the yeare ensuing, who gave bond for observance of the Laws.
Wm Norton upon like approbacion was Licensed to keepe a house for publique Entertainmt & to retaile beere and Cider for the yeare ensuing; who gave bond for observance of the Laws.
Rebecca Winsor upon like approbacion was licensed to keepe a house for publique Entertainmt & to retaile beere and Cider for the yeare ensuing, who gave bond for observance of the Laws.
John Keen upon like approbacion was Licensed to keepe a house for publique Entertainmt and to retaile beere Cider and wine for the yeare ensuing, who gave bond for observance of the Laws.
Samuel Norden upon like approbacion was licensed to keepe a house for publique Entertainmt and to retaile beere and Cider for the yeare ensuing, who gave bond for observance of the Laws.
Thomas Bill upon like approbacion was Licensed to keepe a house for publique entertainmt & to retaile beere and Cider for the yeare ensuing, who gave bond for observance of the Laws. [510]
Jane Bernard Widdow, had her Licence renewed to keepe a house for publique entertainmt & to retaile beere & Cider for the yeare ensuing; who gave bond for observance of the Laws
Arthur Kayne upon approbacion of the Select men of Boston was Licensed to keepe a Cookes Shop and to retaile penny beere for the yeare ensuing, who gave bond for observance of the Laws.
Nicholas Wilmot upon like approbacion was Licensed to keepe a house for publique entertainmt & to retaile beere & Cider for the yeare ensuing, who gave bond for observance of the Laws.
John Turnor upon like approbacion was Licensed to keepe a house for publique entertainment & to retaile beere Cider wine and Brandy for the yeare ensuing who gave bond for observance of the Laws.
Elinor Phippany wife of Benjamin Phippany upon like approbacion was Licensed to keepe a house for publique entertainmt to retaile beere and Cider for the yeare ensuing, and bond is given for her observance of the Laws.
Clement Gross upon Like approbacion was Licensed to keepe a house for publique entertainmt & to retaile beere and Cider for the yeare insuing.
Andrew Neale upon like approbacion was Licensed to keepe a house for publique entertainment & to retaile beere and Cider for the yeare insuing; who gave bond for observance of the Laws.
Lt John Smith of Winnisimmet upon like approbacion was Licensed to keepe a house for publique entertainmt and to retaile beere Cider, wine and strong water for the yeare ensuing; who gave bond for observance of the Laws.
John Wing upon like approbacion was Licensed to keepe a house for publique entertainmt to retaile beere Cider and wine for the yeare ensuing, who gave bond for observance of the Laws.
Phœbe Blantine Widdow upon like approbacion was Licensed to keepe a house for publique entertainment & to retaile beere and Cider for the yeare ensuing, who gave bond for observance of the Laws.
Capne Wm Hudson had his former Licence renewed for to keepe a house for publique entertainmt and to retaile beere Cider and wine for the yeare ensuing. [511]
Sarah Frankes Widdow upon approbacion of the Select men of Boston had her licence renewed to keepe a house for publique Entertainmt and to retaile Beere & Cider for the yeare insuing.
Nathanael Bishop upon like approbacion had his Licence renewed to keepe a house for publique entertainmt & to retaile beere and Cider for the yeare insueing.
Smith &c. Strong Water-men
Thomas Smith, Joseph How; Benjamin Brisco & Anne Puglice, had each of them theire former Licences renewed for the yeare ensuing to retaile strong waters; and either of them became bound in a bond of twenty pounds wth Sureties for theire observance of the Laws, and that they would not Sell any to the Jnhabitants of the Town to bee dranke in theire houses.
Nathanael Robinson was Licensed to retaile strong waters and wine for the yeare insuing; who gave bond not to exceed his Licence and to observe the Laws.
Lt Richd Way was licensed to retaile wine & strong Liquors out of dores for the yeare insuing; who gave bond not to transgress his Licence and to observe the Laws.
William Coleman was licensed to retaile strong waters by the gallon pottle or quart to Seamen that are bound to Sea, and to Country People, for the yeare insuing who gave bond not to transgress his licence & to observe the Laws.
Nathanael Beale of Hingham upon approbacion from the Select men of that Town had his Licence renewed to keepe a house for publique entertainmt & to retaile beere Cider and wine for the yeare insuing; who gave bond for his observance of the Laws.
Joseph Dyer of Waymouth upon approbacion of the Selectmen of that Town had his Licence renewed to keepe a house for publique Entertainmt & to retaile beere Cider wine and strong Liquors for the yeare insuing; who gave alike bond.
Joshua Fisher of Dedham upon approbacion of the Select men of that Town, had his Licence renewed to keepe a house for publique Entertainmt & to retaile beere Cider wine and Liquors for the yeare insuing, who gave alike bond. [512]
[Licenses for beer, cider, and wine]
Lt Samuel Ruggles of Roxbury, upon approbation from the Select men, had his licence Renewed to keepe a house for publique entertainmt and to retaile beere Cider and wine for the yeare insuing; who gave bond for observance of the Laws.
William Chaplin of Dorchester upon approbation from the Select men, was licensed to keepe a house for publique entertainment & to retaile beere Cider and victualls for the yeare insuing, who gave bond for observance of the Laws.
John Mills junr of Brantery upon approbation from the Select men had his Licence renewed to keepe a house for publique entertainmt & to retaile beere Cider & wine for the yeare ensuing, who gave bond for observance of the Laws.
William Daniel of Milton upon approbation from the Select men, had his licence renewed to keepe a house for publique entertainmt & to retaile beere Cider and wine for the yeare ensuing.
Jsaac Lobdell of Hull, upon approbation from the Selectmen had his licence renewed to keepe a house for publique entertainmt & to retaile beere Cider & wine for the yeare ensuing, who gave bond for observance of the Laws.
[Miscellaneous Licenses]
John Sparrey of Boston was licensed to keepe a publique house for retailing of Coffee and Chocolato for the yeare insuing, who gave bond not to transgress his Licence but to observe the Laws.
Major Thomas Clarke and mr Simon Lynde were licensed to furnish Fishermen, and others that are imployed in theire Service, with wine and Liquors for theire own occasions in small quantities.
Constant wife of Samuel Mattock upon approbation of the Selectmen of Boston had her licence renewed to keepe a house for publique Entertainmt and to Sell beere and Cider by retaile for the yeare ensuing; and her husband gave bond for her observance of the Laws.
Jno Brooking upon approbacion of the Select men of Boston was licensed to keepe a Cookes Shop & retaile penny beere for the yeare insuing, who gave bond for observance of the laws.
John Jacob, upon approbacion of the Select men of Hingham had his licence renewed to keepe a house for publique entertainmt & to retaile beere Cider & wine for the yeare ensuing who gave bond etc. [513]
Colcord to Stanyan
Edward Colcord of Hampton personally appearing before John Leverett Esqr Govr and Edwd Tyng Esqr Assist. May: 16o 1678. confessed Judgemt against his Estate and person unto John Stanyan & Joseph Chase of Hampton for the Summe of Five pounds to bee paid in money
as attests. Isa Addington Cler.
Execution issued. May. 16o 1678.
Cole to Bowdish
John Cole of Marble head Fisherman appearing before John Leverett Esqr Govr and Edwd Tyng Esqr Assist. June. 14o 1678. confessed Judgement against his Estate and person unto William Bowdish of Salem Merchant for the Summe of Fifty one pounds to bee paid in Merchantable or refuse Fish at price currant.
as attests. Jsa Addington Cler.
Execution issued: 15o June. 1678.
Bedwell to Bromfeild
Samuel Bedwell Junr appearing before John Leverett Esqr Govr and Edward Tyng Esqr Assist. July. 13th 1678. confessed Judgement against his Estate & person unto Edward Bromfeild for the Summe of three pounds Seven Shillings and Six pence to bee paid in money.
as attests. Jsa Addington Cler.
Sparkes to Bradstreet
Henry Sparkes late of Exitor now Sojourning at Chelmsford, personally appearing before John Leverett Esqr Govr and Edwd Tyng Esqr Assist. 24o July. 1678. confessed Judgement against his Estate & person unto Simon Bradstreet Esqr for the Summe of twenty pounds to bee paid in good Merchantable pay.
as attests. Jsa Addington Cler [514]