[Parsons v. Herris]

Ioseph Parsons Attourny of Humphry Parsons Factor for sundry persons in England plaint. Cont^a Thomas Herris Defend^t in an action of the case for non paym^t of Nineteen pounds and ten Shillings in money due by bill under the hand & Seale of the s^d Herris bearing date the. 16^th Octob^r 1678. with all other due damages: . . . The Iury . . . found for the plaint. Eleven pound five Shillings in money and costs of Court, Allow^d Nineteen Shillings.

Execucion issued. 29^o Ianur^o 1678.

[Thayer v. Webb]

Rich^d Thayer jun^r or Nathanael Thayer jun^r or either of them plaint^s ag^t Christopher Webb Defend^t The plaint^s were non Suted by reason of the uncertainty of the process.

[Buckley v. Herris]

Rich^d Buckley plaint. cont^a Thomas Herris Defend^t in an Action of debt of thirty pounds eight Shillings and two pence in money due by bill Obligatory under the hand of the s^d Herris bearing date the. 22^d of Ianuary. 1677. with all other due damages: . . . The Iury . . . found for the plaint. thirty pounds eight Shillings two pence in money according to bill, and costs of Court Allow^d twenty Six Shillings and six pence.

Execucion issued. 29^o Ianur^o 1678.

[Aspinwall v. Evens]

Peter Aspinwall of Boston plaint. cont^a In^o Evens sometime of Boston Defend^t in an action of the case concerning a parcel of goods left in the hand of the s^d Peter Aspinwall for the benefit of the Children belonging to the said In^o Evens to the value of fourteen pounds and five Shillings w^ch Estate of goods is in part laid out for the bringing up of the Children and Clothing of them Suitably which the s^d Evens hath neglected to pay and for all due damages. . . . The Iury . . . found for the plaint. the goods Sued for to value of fourteen pound five Shillings and costs of Court Allowed Seventeen Shillings two pence.

Execucion issued. 5^o Feb^r 1678.

Purkis agt. Curwin &^a

George Purkis Attourny of Lawrence Baskervyle plaint. cont^a the goods or Estate late belonging unto Iohn Winder Merch^t in the hands of Iohn Palmer who married w^th Sarah the Relict & Adm^x of the Estate of the s^d Winder or wheresoever else it may bee found And the goods or Estate late [555] Belonging unto Robert Gibbs Merch^t in the hands of Ionathan Curwin who married with Elizabeth the Relict & Adm^x of the Estate of the s^d Gibbs; Also Iames Whetcomb Merch^t them or either of them Defend^ts in an Action of the case for not paying the Summe of £134:10:8. sterling money due by bond under the hands & Seales of the s^d Winder, Gibbs and Whetcomb dated. 19^o Feb^r 1663. wherein they stand jointly and severally bound for the Summe afores^d w^th all other due damages: . . . The Iury . . . found for the Defend^ts costs of Court.

Rose cont^a Stowell

Roger Rose plaint. cont^a Samuel Stowell Defend^t According to Attachm^t upon bond dat^d 6^th Feb^r 1671. And the Defend^t produeeing his Summons by which hee was warned to Answer for not paying according to bond dat^d 6^o Feb^r 1678. The plaint. was nonsut^d in failure of Summons.

Iackson cont^a White &^a

Henry Iackson plaint. cont^a Tho: White, Robert Gardner Samuel Ravenscroft &^a or either of them Defend^ts according to Attachm^t for witholding from him the summe of one hundred pounds in money or thereabouts due for his whole Share of the prize Griffin &c. The Attachm^t being read and given to the Iury which was the onely paper produced in the case either by plaint. or Defend^ts The Iury . . . found for the Defendants costs of Court.

Leverett cont^a Watts

Hudson Leverett plaint. cont^a Iohn Watts or Elinor Watts or either of them Defend^ts for non paym^t of Sixteen pound in money due by bond bearing date. 17^th Ianuary 1677. w^th due interest and all other due damages. . . . The Iury . . . found for the plaint. Forfiture of the bond Sixteen pounds in money and costs of Court allow^d thirty four Shillings.

Execucion issued. 13^o Feb^r 1678.

Homard cont^a White &^a

Robert Homard plaint. conf Thomas White, Robert Gardner Samuel Ravenscroft etc. Defend^ts according to Attachm^t for witholding from him the Summe of one hundred pounds in money or thereabouts due for his whole Share of the prize Griffin &c. The Attachm^t being read and given to the Iury, which was the onely paper produced in the case either by plaint. or Defend^ts The Iury . . . found for the Defendants costs of Court.   [556]

Acorman cont^a Valentine

Richard Acorman plaint. ag^t Thomas Valentine Defend^t in an action of the case for unjustly and illegally breakeing open a chest of the s^d Acormans whereby the plaint. is greatly damnified by the looseing of the plaint^s Clothes and Booke of Accounts and other writings of great concernm^t which was in the s^d Chest with all other due damages &c. . . . The Iury . . . found for the Defend^t costs of Court Allowed twenty Shillings The plaint. Appealed from this Iudgem^t unto the next Court of Assistants, and put in Security for prosecutⁿ of his Appeale to effect.

Heywood cont^a Mast^r

Anthony Haywood plaint. cont^a Edward Master Defend^t The plaint. withdrew his Action.

Obinson cont^a Hill

William Obinson plaint. cont^a Thomas Hill Defend^t in an action of the case for that the s^d Hill hath not put and kep’t in repaire a barke Mill, houseing & fences & other concerns according to lease or covenant under his hand and Seale bearing date. 24^o August. 1676. whereby the s^d Obinson is greatly damnified this w^th all other due damages: . . . The Iury . . . found for the Defend^t costs of Court, Allowed thirteen Shillings four pence.

Waldron agt. Woolcot

William Waldron plaint. cont^a John Woolcot Sen^r Defend^t According to Attachm^t The Defend^t moved for a nonsute objecting that neither plaint. nor Defend^t were livers in this County, hee being a liver in Newberry and the plaint. in a former Attachm^t taken out ag^t the Defend^t calling himselfe of Dover. The granted a nonsute and allowed the Defend^t costs twenty Shillings and six pence.

Savage cont^a Hutchinson

Ephraim Savage who married with Sarah Relict and Adm^x of the Estate of Obadiah Walker plaint. cont^a Elisha Hutchinson who married with Elisabeth Relict and Adm^x of the Estate of Iohn Freake dece^d Defend^t The plaint. was nonsuted in failure of giving Summons the reading of the Attachm^t to the Defend^t being before his goods were Attached.

Dallet cont^a White &^a

Randall Dalley plaint. cont^a Thomas White Robert Gardner Samuel Ravenscroft &c. or either of them Defend^ts according to Attachm^t The plaint. withdrew his Action.   [557]

Allen cont^a Knight

Jacob Allen plaint. cont^a Richard Knight & Hannah his wife as Shee is Executrix to the Estate of her former husband Hope Allen dece^d Defend^t in an action of the case for witholding from and not paying unto the plaint. about Sixty four pounds given him by the last Will of his Father Hope Allen as by the s^d Will & the Inventory of the Estate of his s^d Father more fully will make appeare to bee the plaint^s proportion thereof or thereabouts w^th damages: . . . The Iury . . . found for the plaint. That the Defend^t pay and deliver him his proportionable part of his Father Hope Allen’s Estate according to Will & costs of Court allow^d Forty one Shillings and five pence.

Salter cont^a Rose

Iabez Salter plaint. cont^a Roger Rose Defend^t in an action of the case for damage done to the s^d Salters Coales, which Coles were upon his Wharffe secured w^th a Fence; which Fence was broken down by the s^d Rose his Vessell, to the s^d Salters damage in his Coles and wharfe to the value of Four pound in money w^th damages. . . . The Iury . . . found for the plaint. Fifty five Shillings money damage and costs of Court allow^d thirty one Shillings and eight pence.

Barnes cont^a Harwood

Nathanael Barnes plaint. cont^a Henry Harwood Defend^t in an action of the case upon defamation for reporting by himselfe and his wife that the plaint. is perjured & forsworn at Charlestown Court with other scurrilous speeches and reports against the plaint. to his great damage with other due damages &c. . . . The Iury . . . found for the plaint. twenty Shillings mony damage and costs of Court allow^d thirty nine Shillings two pence.

Execucion issued. 2^d Feb^ro 1678.

Chock cont^a Clarke

Peter Chock plaint. cont^a William Clarke Defend^t for refuseing to deliver or pay to the plaint. Fifty Shillings Starling money of England which the plaint. lent the s^d Clarke in Bristoll owned by the s^d Clarke here in Boston before severall persons as shalbee made appeare &c. . . . The Iury . . . found for the Defend^t costs of Court grant^d Fourteen Shillings and four pence.

Execucion issued. 8^o Feb^r 1678.   [558]

Baker cont^a Figg

Thomas Baker Adm^r to the Estate of his late Son Joseph Baker plaint. cont^a Mary Figg Widdow Defend^t in an Action of the case for refusing to deliver the Summe of twenty pounds or thereabouts in money which Shee hath in her hands belonging to the late Ioseph Baker w^th all other due damages &c. . . . The Iury . . . found for the plaint. twenty pounds money damage and costs of Court: The Defend^t Appealed from this Iudgem^t unto the next Court of Assistants & put in Security for the prosecution of her Appeale to effect.

Harrison cont^a Cane

William Harrison plaint. on Appeale from the Iudgem^t of the Worpp^ll Edw^d Tyng Esq^r dat^d Ianur^o 7^th 1678. cont^a Nathanael Cane Defend^t The Iudgem^t Reasons of Appeale and evidences in the case produced being read and committ^d to the Iury which are on file, The Iury . . . found for the plaint. Reversion of the former Iudgem^t And thirty Seven Shillings one penny money damage and costs of Court allowed twenty Six Shillings eight pence.

Execution issued. 31^o Ianur^o 1678.

Smith cont^a Bouden

Cap^tn Iames Smith formerly of Marblehead now resident in Boston plaint. ag^t Mica Bouden Defend^t in an action of the case for not paying the Summe of one hundred pound in money due to the plaint. by the breach of an Indenture or Lease dated the. 13. day of March. 1674 under the hand and Seale of the s^d Bowden with all other due damages. . . . The Iury . . . found for the Defend^t costs of Court: The plaint. Appealed from this Iudgem^t unto the next Court of Assistants and put in Security for prosecution of his Appeale to effect.

Clarke cont^a Crow

Hugh Clarke plaint. cont^a Christopher Crow Defend^t The plaint. withdrew his Action.

WILKESON cont^a ELIOTT

William Wilkeson plaint. cont^a Ioseph Eliott Defend^t in an action of the case for not paying unto the plaint. the Summe of ten pound Seventeen Shillings and six pence in money due for house Rent with all other due damages: . . . The Iury . . . found for the Defend^t costs of Court.

Scilley cont^a Thayer

Thomas Scilley plaint. cont^a Richard Thayer Defend^t in an action of the case for wrongfully imprisoning the s^d Scilley under colour of Law by Attaching him upon [559] pretence of damage and detaining him in prison a considerable time which is greatly to his damage both in his name and Estate with all other due damages: . . . The Iury . . . found for the plaint. Fifteen pounds in money damage and costs of Court allow^d twenty five Shillings six pence.

Execucion issued. 18^o Feb^r 1678.

Coleman cont^a Way etc.

W^m Coleman Attourny to Martha Emery the Attourny of Thomas Emery her husband plaint. cont^a Richard Way & John Jndicott Defend^ts in an action of the case for not paying the Summe of two hundred and Ninety two pounds due according to a bond or writing dated. 31^o October 1677. under theire hands and Seales with damages. . . . The Iury . . . found for the plaintife forfiture of the bond of two hundred ninety two pounds & costs of Court: The Defend^t moved for a chancery & makeing it appeare to the Court that they had paid out the whole Estate according to the condicion of s^d bond The Magistrates chancered this forfiture to nothing.

Baubience cont^a Ship Griffin

Sebastian Baubience Chirurgion plaint. cont^a Ship Griffin whereof Christopher Linch was formerly ma^r for not proceeding her Voyage according to the plaint^s Agreem^t

Arnall cont^a Aires

Iohn Arnall or his certain Attourny plaint. cont^a Peter Aiers Defend^t in an Action of debt of Eighteen pound in money due by booke with damages, The Attachm^t & return being read the plaint. appearing by his Attourny m^r Tho: Norman who engaged in Court before joining issue to respond the Defend^ts costs if hee obtained judgem^t After which . . . The Iury . . . found for the Defend^t costs of Court.

John Arnall plaint. cont^a Benjⁿ Allen Defend^t The plaint. was nonsuted upon non appearance.

Taylor cont^a Hews

William Taylor merch^t Attourny to W^m Stoughton Esq^r plaint. cont^a Joshua Hews Defend^t in an action of the case for not paying the Summe of twelve pounds in money or thereabouts due for house Rent as shalbee made appeare w^th damages: . . . The Iury . . . found for the plaint. nine pounds six Shillings eight pence in money & costs of Court. Allow^d 18^s 4^d

Execucion issued 12^o feb^r 1678.   [560]

Bozoun Allen plaint. cont^a Ioseph Smith Defend^t The Defend^t being dead since the Serving the process the Action fell.

Kemble cont^a Arnall

Mary Kemble Adm^x to the Estate of Henry Kemble dece^d plaint. cont^a Iohn Arnall Defend^t in an action of the case for not paying the Summe of ten pounds or thereabouts in money due upon Acco^t as shalbee made appeare with damages. . . . The Iury . . . found for the plaint. eleven pounds one Shilling five pence in money damage & costs of Court Allowed thirty two Shillings eight pence.

Execucion issued pr^o Feb^r 1678.

Timothy Yeales cont^a Richard Bradley Defend^t The plaint. withdrew his Action.

White &^a cont^a Lemoigne

Thomas White, Samuel Ravenscroft, Christopher Goffe, Stiles Dradey, Edward Baily, Robert Gardner & severall other Englishmen who belonged unto the Ship Griffin & are concerned in severall prizes taken in the bay of Metansis under the Commissions of Cap^tn Bernard Lemoign & Cap^tn Peter Otto plaint^s cont^a Cap^tn Bernard Lemoign a Frenchman Def^dt in an action of the case for that the s^d Lemoign hath broken covenant with the plaint^s in not comming with his prizes to Nantasket or Boston and there shareing according to covenant but contrary thereunto in a perfidious & treacherous manner hath divided & shared one of s^d prizes at Road Island, and not onely so but hath prosecuted the plaint^s in Boston at a Court of Admiralty or Court of Assistants and hath obtained a decree against the plaint^s which is to theire unsupportable loss and damage to the value of at least five thousand pounds w^th other due damages. . . . The Iury . . . found for the plaint^s five thousand pounds damage and costs of Court: The Defendant appealed from this Iudgement unto the next Court of Assistants and put in Security for prosecution of his Appeale to effect.

White &^a cont^a Otto

Thomas White, Samuel Ravenscroft, Christopher Goffe, Stiles Dradey George Mathews and Rob^t Gardner plaint^s cont^a Cap^tn Peter Otto a Frenchman Defend^t for that the s^d Cap^t Otto did in a most perfidious treacherous and injurious manner complaine of and prosecute them for Shareing and Selling the money and goods brought in the Ship Griffin and Ship Nassaw &c. . . . The Iury . . . found for the Defend^t costs of Court.   [561]

Greely cont^a Hall

Phillip Greely of Salisbury plaint. cont^a Andrew Hall Defend^t for that the s^d Hall hath illegally possessed himselfe of a Barque called the Iohn & William of burden about. 30. tons whereof W^m Hacket was late Ma^r whereof the s^d Greely is right & proper owner of one halfe with all her Appurtenances, yet notwithstanding the s^d Hall keepeth the plaint. out of the possession of the said halfe of his Barque and disowneth him as an owner &c. whereby hee is damnified to the value of about one hundred pounds in money with other due damages. . . . The Iury . . . found for the plaint. that the Defend^t deliver him one halfe of the Barque Sued for or Seventy pounds in money with costs of Court allow^d Forty nine shillings two pence. m^r Anthony Checkly Attourny for Greely (who prosecuted the Sute in his behalfe) appearing in the Office. 4^o march: 1678. Acknowledged hee was fully Satisfied the abovewritten judgement by m^r Nicholas Paige desiring it might bee so entred.

Ravenscroft cont^a Homer

Samuel Ravenscroft plaint. cont^a Robert Homer Defend^t in an action of debt for non payment of twenty pounds in money due for so much lent him, with damages. . . . The Iury . . . found for the plaint. twenty pounds in money & costs of Court.

Ravenscroft cont^a Iackson

Samuel Ravenscroft plaint. cont^a Henry Iackson Defend^t in an action of debt for non payment of twenty pounds in money due for so much lent him with damages: . . . The Iury . . . found for the plaint. twenty pounds in money & costs of Court.

Bradstrett cont^a Gross

Simon Bradstreet Esq^r plaint. cont^a Clement Gross Defend^t in an action of debt of about three pounds & fourteen Shillings in money being the remaind^r of a bigger Summe due for a parcel of Malt sold by the s^d Simon to the wife of the s^d Gross in the yeare. 76. w^th damages; . . . The Iury . . . found for the plaint. three pound twelve Shillings six pence in money and costs of Court.

Tyng cont^a Gilbert &^a

Edward Tyng Esq^r Treasurer for the County of Suffolke plaint. cont^a William Gilbert, Ioseph Weeden & William Mumford or either of them Defend^ts for not paying the Summe of Ten pounds in money for the paym^t whereof they are jointly and severally bound as by bond dat^d 9^th x^br 1678. declared forfited by [562] The last County Court in Boston: . . . The Iury . . . found for the plaint. forfiture of the bond ten pounds money and costs of Court Vpon Request of the Defend^t Gilbert The Court chancered this Forfiture to five pounds in money & costs of Court Allowed twelve Shillings. Execution issued. 5^o March. 1678/9.

Leverett to Vsher

Hudson Leverett confes’t Iudgem^t against his Estate and person unto Hezekiah Vsher for twenty pounds money to bee paid in one month from this day being: 28^o Ianur^o 1678.

Execution issued. 27^o Iune. 1679.

Amey to Clarke

Iohn Amey junio^r confes’t judgem^t ag^t his Estate and person for Four pounds seventeen Shillings six pence to bee paid in money unto Susanna Clarke Attourny of her Husband Ionas Clarke junio^r

Execution issued. 31^o Ianur^o 1678.

Crow to Hubbard

Christopher Crow confes’t Iudgem^t ag^t his Estate and person unto Iohn Hubbard Merch^t for Eighteen pounds in money in full of a bill given the s^d Hubbard & left on file.

Execution issued. 5^o Feb^r 78.

Norden to Hubbard

Samuel Norden confes’t judgem^t ag^t his Estate and person unto Iohn Hubbard Merch^t for two and twenty pounds Fifteen Shillings six pence to bee paid in money in full of a bill on file.

Execution issued. 5^o Feb^r 1678.

Wilkinson to Tapping

William Wilkinson confes’t judgem^t ag^t his Estate & person unto Mariana Tapping Widdow, Relict & Adm^x of the Estate of Ioseph Tapping for ten pounds Eighteen Shillings one penny due by bill and Booke.

Execution issued. 10^th Feb^r 1678.

Man & Sprage Fin^d 10^s apeice

Iohn Man of Boston and Anthony Sprague of Hingham were fined ten Shillings apeice in money to the County for not attending the Service of the Iury of Tryals according to Summons

Order for disposition of m^rs Lake her Estate

It’s ordered that the Administrate^rs to the Estate of m^rs Lucey Lake bring in an Acco^t of that Estate to the Clerke of the Court And that they pay in the ballance that is in theire hands unto her mother m^rs Lucey Anna Bulkely (m^r Edw^d Bulkely her Husband giving a receip’t to the Clerke for the same) to remain in her hands untill some other person may make a better claim to it.

Order to the Treasuror

Order passed for the County Treasuro^r to pay unto Thomas Battelle Constable of Dedham Nineteen Shillings money, being the remainder of his bill of charges in prosecuting and apprehending prison breakers.   [563]

Corbet & George Negro Sent^a

Robert Corbet and George a Negro Servants unto Stephen French of Waymouth convict^d by theire own confession in Court of committing Fornication with Marea a Negro theire fellow Serv^t Sentenced to bee whip’t with twenty Stripes apeice and to pay charges of prosecutⁿ & fees of Court.

Committee ab^t Smith’s Estate

It’s ordered that Cap^tn Daniel Fisher and the other two Commission^rs of Dedham bee a Committee for the receiving of the claims to the Estate of Ioseph Smith late dece^d at Dedham. The Creditors to bring in theire claims to the s^d Committee (at the time & place appointed by them) within two months next following, And to pay it out in proportion as it will beare to the Credito^rs they first Satisfying the funerall charges & other disburstm^ts made upon s^d Smith in his Sickness.

Chamberlyn his Estate ordered

It’s ordered that the Estate of William Chamberlyn of Hull dece^d intestate, amounting by Inventory to Five hundred twenty nine pounds bee thus proportioned (after the payment of debts) unto the Eldest Son One hundred pounds, hee defalkeing thereout the value of the Land his Father gave him before his death, And to the other Eight Children Fifty pounds apeice and so in proportion among the Children as any Estate shall remain or bee comming, to bee paid unto them as they Attain theire respective ages and in the meane time to bee improved by the Administrate^rs for theire education.

Amory her Guardian

It’s ordered that Edward Drinker of Boston Potter bee Guardian unto Mary Amory daughter of Simon Amory late of Boston Marrin^r dece^d untill Shee come of age to choose for her Selfe hee giving bond according to law for the faithfull discharge of his trust.

Wilmot his Guardian

Phillip Squire of Boston Brewer is allowed to bee Guardian unto Iohn Wilmot Son of Iohn Wilmot sometime of Boston Marrin^r dece^d hee giving Security according to law for the faithfull discharge of that trust.

Carter to Tyng

Ralph Carter confes’t Iudgem^t ag^t his Estate & person unto Edward Tyng Esq^r for the Summe of Five pounds Fifteen Shillings to bee paid in money.

Execution issued. 29^o March. 1678.

Hoare Fin^d 40^s etc.

William Hoare complained against by the Clerkes of the market for abuseing of them by reproachfull language & scurrilous wicked expressions &c. contained in theire complaint exhibited to this Court, put himselfe on tryall by a Iury, who having heard the complaint & evidences produced, on consideration thereof the Iury brought in theire Verdict, they found the s^d Hoar guilty of the complaint made against him according to law: The Court Sentenced him to pay Forty Shillings in money fine to the County and ten pounds money to the Clerkes of the market or to make an Acknowledgem^t to the Courts and theire Satisfaction, to pay charges of prosecution and fees of Court standing committ^d &c.   [564]

[Hoare v. Coleman et al.]

William Hoare plaint. cont^a William Coleman W^m Gilbert &c. Clerkes of the market Defend^ts — Verdict: The Iury do not finde the Defend^ts guilty of the charge laid against them according to law.

Stanniford cont^a Briggs

In the case of Iohn Staniford ag^t George Briggs contained in his complaint exhibited to this Court for fraudulently obtaining a bill for about £.20 upon the Acco^t of goods which s^d Briggs had before received and given a receipt for; The Court do order that upon Stamfords paying unto Briggs Fourteen Shillings two pence (which hee acknowledgeth to bee oweing to him) his bill is to bee void and each party to beare theire own charge

Rogers Fin^d 20^s

Gamaliel Rogers complain^d ag^t by the Clerkes of the market of Boston for affronting and abuseing of them in the execution of theire Office: Upon consideratⁿ of what was alleaged & proved ag^t him The Court Sentenc^d him to pay twenty Shillings in money fine to the County charge of prosecution and fees of Court standing committ^d &c.

Abbott Sent^a

Charles Abbot convict by his own confession in Court of Stealing from his ma^r Robert Walker Eighteen Shillings & five Shillings in money and behaving himselfe stubbornly Sentenced to bee whip’t with ten Stripes, and to pay unto his ma^r Forty nine Shillings money, which (with what hee hath already received back again) is 3^ble damages according to law, and to pay fees of Court standing committ^d &c.

Committee for Tay’s Estate

It being represented to this Court that the Estate left by Iohn Tay late of Boston Taylor dece^d doth prove insolvant The Court have therefore impoured m^r Edw: Raynsford m^r Iames Whetcomb and m^r Iohn Hayward to bee a Committee for the taking in and Allowing of the claims made by the Credito^rs to that Estate, the s^d Committee to appoint time & place of meeting for that end, and all Creditors are required to bring theire claims in to them by the next Court of this County, unto which Court they are to make theire return that further order may bee taken therein.

Committee for dividing m^r Cottons Farme

In Answer to the petition of m^r Increase Mather: The Court have appointed Deacon W^m Parke, m^r Tho: Weld & Iohn White Senio^r to bee a Committee for to Survay the Farme sometime the Rev^d m^r Iohn Cottons lying at Muddy River & to make report unto the County Court in April next; how it may bee equally divided into four parts, two for the eldest Son of the s^d m^r Cotton and unto each of his other two Children a Single part according to theire Fathers Will.

The Court adjourned from Saturday the first unto Thursday the. 6^th of February. 1678.   [565]

February: 6^th Ann^o 1678.

The Court met by Adjournm^t

White etc. Fin^d 20^s

Thomas White, Samuel Ravenscroft, Stiles Dradey & George Matthews complained of for breach of the peace in Assailing of Cap^tn Lemoign and Assailing and wounding of Peter Dillen: on consideration of what was alleaged and proved in the case, The Court Sentenced them to pay twenty Shillings in money fine to the County, twenty Shillings in money to s^d Dillen with the charge of his cure and fees of Court: And order that they deliver unto Cap^tn Lemoigne his Sword, belt and hatt again within 24 houres next comming or pay him ten pounds in money The Sword Belt and hatt were forthwith deliu^rd in Court.

Marshcroft Admonish’t & fin^d ten grotes

Daniel Marshcroft of Roxbury present^d for travelling to Boston on the Sabbath dayes, and for excessive drinking, which hee owned in Court. Sentenced to bee Admonish’t for his prophanation of the Sabbath, and to pay ten grotes in money fine to the County for excessive drinking & fees of Court, standing committ^d &c.

Phillips Fin^d 15^s

Nicholas Phillips present^d for takeing Tobacco in the Streete and for reviling and abuseing of m^r Iohn Conney a grandjuryman upon his reproving of him for it; which was testified by s^d Conney in Court. Sentenced to pay ten Shillings in money fine to the County for Smokeing in the Street five Shillings in money for reviling of the grandjuryman ten Shillings to s^d Conney with charges of prosecution and fees of Court standing committ^d &c.

Shilston Fin^d 20^s

Ann Shilston present^d and convicted by her own confession in Court of Curseing: Sentenced to bee whip’t with ten Stripes or to pay twenty Shillings in money fine to the County and fees of Court standing committ^d &c.

Swinton Sent^a

Thomas Swinton convicted by his own confession in Court of Stealing bedding and cloathing from George Manning valued at Fifty Shillings. Sentenced to bee whip’t with ten Stripes in the house of correction and to pay unto s^d Manning five pounds in money being 3^ble damages according to law and to pay fees of Court standing committed untill the Sentence bee performed.

Cutting Sent^a

Robert Cutting convict^d by his own confession in Court of stealing sundry goods from Thomas Matson valued at three and twenty Shillings and six pence Sentenced to bee whip’t with fifteen Stripes and to pay to Tho: Matson three pounds ten Shillings six pence money being 3^ble damages according to law s^d Matson defalking thereout the value of what goods hee hath rece^d again and to pay fees of Court standing committ^d &^a   [566]

Clois Fin^d £.5: respit^d

Iulian Clois Widdow convicted by her own confession in Court for Selling beare and Cider without licence Sentenced to pay five pound in money to the County according to law.

Execution respited untill the next Generall Court.

Phippen his Estate Setled

It’s ordered that the Estate of Benjamin Phippen late of Boston dece^d intestat it consisting mostly of a house and land bee thus setled and proportioned Viz^t That Elinor his Widdow enjoy the whole Estate for her own and Childrens maintenance untill the youngest Children of s^d Phippen come of age, and that then the Estate bee thus proportioned, the thirds to the Widdow during life, and the remaind^r equally among the Children excepting to the eldest Son a double portion, Jt appearing by testimony produced before the Court to bee the minde of the dece^d so to have disposed his Estate.

Cleare his Estate order^d

It’s ordered that the Estate of Iohn Cleare Senio^r late of Boston dece^d bee thus Setled and proportioned Viz^t The Court do declare that by what at pu^rsent appeares unto them by testimony produced, the new house in which Rich^d Cleare late dwelt doth belong unto Iohn Foy in right of his wife, the onely Childe left by s^d Iohn Cleare, And that the remaind^r of the Estate (debts being first paid) bee equally proportioned unto the Six grand Children of s^d Cleare.

Lux his Estate ordered

In Answer to the petition of Iohn Lux, It’s ordered that Sarah Dinsdale wife of William Dinsdale late Widdow of Iohn Lux junio^r dece^d intestate, do perfect the Inventory of her s^d Husbands Estate, and that then Shee pay out the one halfe of the cleere Estate unto her Father in law Iohn Lux in behalfe of his Children, hee giving Security for the same the other halfe of the Estate is granted unto the s^d Sarah Dinsdall and her heires for ever.

Calman under a penalty

Alexander Caiman a Quaker being presented to this Court by the Select men of Boston for residing in this Town contrary to the minde of the Select men, and not being admitted into the Colony: The Court ordered him to depart this Colony within one month next following under the penalty of Five pounds in money, and not to return again under the like penalty.

Francis & Baily Sent^a

Susanna Francis and Roger Baily prosecuted by Tho: Wells for stealing severall goods from him to value of Fifty Shillings, Sentenced to pay unto s^d Wells Five pounds in money being 3^ble damages according to law.

Execution issued. 13^o feb: 78.

Snow her Estate Setled

It’s ordered that the Estate of Mehitabel Snow singlewoman dece^d intestate (after the paym^t of debts & her funerall charges) bee equally proportioned between her Brother Samuel Snow and her two Sisters Fisher and Wright.   [567]

William Chard of Waymouth upon a motion from the Town was restored to his office of Clerke of the Writts.

Committee ab^t Cleares Estate

It being represented to this Court that the Estate of Rich^d Cleare late of Boston Cordwainer dece^d doth prove insolvant The Court have appointed L^t Daniel Turill and L^t Richard Way to bee a Committee for the taking in and allowing of the claims of the Creditors to that Estate, and all Creditors are required to enter theire claims with the s^d Committee by the next Court of this County, The Committee appointing time and place of meeting for that end, and makeing theire return to the s^d Court that so there may bee a proportioning of the Estate.

Avis to Halgeson

William Avis personally appearing before the Hono^rd John Leverett Esq^r Gov^r and Edw^d Tyng Esq^r Assist. 18^o Feb^r 1678. confessed ludgem^t ag^t his Estate and person unto Jngeman Halgeson for Five pound one Shilling money in full of a bill on file with charge.

attests. Js^a Addington Cler.

Execution issued. 19^o Feb^r 1678/9.

Carey to Knott

Peter Carey of Marblehead Fisherman appearing before Simon Bradstreet Esq^r Dep^t Gov^r and Edw^d Tyng Esq^r Assist 20^th March: 1678/9. confessed judgem^t ag^t his Estate & person unto Richard Knott of Marblehead for thirty pounds to bee paid in fish at price currant.

attests. Js^a Addington Cler

Execution issued. 21^o march. 1678/9.

Endors’t upon Courts order as in p: 536.

Boston: 3^d Ianuary. 1678.

Then Rec^d of Edward Tyng Esq^r Seventy three pounds money in part and per vertue of the within written Court order.

Charles Lidgett.

• Witness James Oliver
  • Nathaniel Peirse.
  • Captⁿ Oliver & Nathaniel Peirse made oath as witnesses of m^r Lidgetts Signing the above written.
  • Before the County Court.
  • pr^o May. 1679. Attests. Js^a Addington Cler
• Entred at Request of m^r Tyng.
  • per Js^a Addington Cler   [568]