At a County Court held at Boston by Adjourm^t of the Generall Court from. 28^th October, unto the 4^th Novemb^r 1679. and then Set.

Present

S: Bradstreet Esq^r Gov^r
Edw^d Tyng Esq^r Ass^t
Joseph Dudley Esq^r Ass^t

Grandjury the same as at the former Court.

Jury of Tryals Sworn

m^r Bernard Trott
Iohn Withrinton
Ioseph Morse
Abraham Gourding
Iohn Ruggles
Iosia Levit
Richard Knight
Ri: Phillips
Andrew Lane
Sam^ll Garey
Jn^o Chamberlyn
Ion^a Fuller

Forster v. Roundall

Miles Forster Attourny of Luke Forster of London Draper plaint. cont^a the goods money Estate or Credits of Marmaduke Roundall Defend^t in an action of debt of Four hundred pounds good and lawfull money of England due upon the Forfiture of a bond or Obligacion under the hand and Seale of s^d Roundall bearing date. 14^th Septemb^r 1678. with damages, . . . The Jury . . . found for the plaint. Four hundred pounds lawfull money of England Forfiture of the bond and costs of Court: The Bench chancered this Forfiture by agreement of the partys under their hands unto Forty Six pounds money being so much onely remaining unpaid and costs of Court three pounds eleven Shillings. This case was tryed at the last County Court but judgem^t not entred untill this Court according to Law The Defend^t being out of the Colony.

Execution issued. 17^o Decemb^r 1679.

Willys cont^a Baker

Edward Willis Assigne of Robert Oxe plaint. cont^a Thomas Baker who married with Mary the Relict & Adm^x of the Estate of John Smith late of Boston merch^t Defend^t in an action of the case for witholding the Summe of One hundred & twenty pounds currant money of New-England due to the plaint. by Obligacion under the hand of s^d Smith dat^d 3^d march. 1676/7 w^th damages, . . . The Iury . . . found for the plaint. Forfiture of the bond one hundred and twenty pounds money and costs of Court: The partys both appearing in Court declared they were agreed upon Seventy three pounds money to bee paid in full chancery of this bond without any costs.

Execution issued 10^th nov^r 1679.

[A copy of the execution against Baker, 10 November, 1679, is in S. F. 1812.1, with the following return:

J Extended this Execution on part of a dwelling house Barn Orchard with Meadow Ground lying in Redding which was shown to me by Thorn Baker Jun^r to be part of the estate of Jn^o Smith late of Boston deced as also an Jndian Girle One feather bed one bolster. Two Pillows Two Blanketts, Serge Curtains Vallents & bedsteed fiue Silver Spoons One Small Beaker fiue p^r of Cotton & Linen sheets Two pr Course holland sheets Seven pewter dishes Twenty pound old Pewter one Bell Mettle Pot, one Jron Pott Two p^r of Andirons fire shovell & Tongs with Brasses Appraized by M^r Theophilus Frary & Mr Jn^o Wing & since delivered all to m^r Edw^d Willys with fees, to the value of seventy four pounds Twelve shillings Nine pence.

Return Waite Marshall

. . . true Copy . . . Js^a Addington Cler]

Man cont^a Hews

Iohn Man plaint. cont^a James Hews Defend^t in an action of Reveiw of a case tried at the County Court in Boston. 29^o July. 1679. wherein s^d Iohn Man was plaint. ag^t s^d Hews Defend^t for the Summe of nine pounds eleven Shillings in money &c^a. . . . The Jury . . . found for the plaint. nine pounds Eleven Shillings money and costs of Court allow^d twenty three Shillings ten pence.

Execution issued 6^o nov^r 1679.

[Review of a case of the previous session. See above, p. 1058.]

Thayer cont^a Stoddard

Nathan^ll Thayer Factor of Major Ric^d Williams of Barbados plaint. cont^a Simeon Stoddard Defend^t Thee plaint. withdrew his Action.

Elyott cont^a Kent

Henry Elyot plaint. cont^a William Kent Defend^t The plaint. withdrew his Action. [610]

Walter cont^a Giffard

Thomas Walter plaint. cont^a John Giffard Defend^t according to Attachm^t The plaint. was nonsuted upon non appearance and costs granted the Defend^t thirty four Shillings two pence.

Execution issued. 10^th Nov^r 1679.

Baxter cont^a Egerton

Peter Baxter plaint. cont^a Peter Egerton Defend^t according to Attachm^t The plaint. was nonsuted upon non appearance.

Sanford cont^a Hubbard

Thomas Sanford plaint. cont^a m^r William Hubbard Defend^t The plaint. withdrew his Action.

Clarke &c^a cont^a Baker

Thomas Clarke and Mary Lake Exec^x to the Estate of Thomas Lake late of Boston dece^d late Owners of the Katch called the Begining plaint^s cont^a Thomas Baker Husband of Mary, Relict and Adm^x to the Estate of Iohn Smith late of Boston dece^d or such Estate as did belong unto the s^d Smith Defend^t in an Action of the case for witholding from the plaint^s the full Summe of three hundred pounds due to these plaint^s for the forfiture of a bond under the hand and Seale of s^d Iohn Smith bearing date the. 18^th of Novemb^r 1675. with damages: . . . The Jury . . . found for the plaint^s three hundred pounds breach of bond and costs of Court: At Request of the Defend^t and both partys being heard, The Court chancered this Forfiture to Fifty Seven pounds Five Shillings Seven pence in money & costs of Court (not allowing twenty pounds alledged to bee p^d w^ch is left to further proofe) grant^d twenty nine Shillings six pence.

Execution issued 10^th Nov^r 1679.

[Copy of execution and return in S. F. 1813.2.]

Ofeild cont^a Vittroy &c^a

Maudline Ofeild Relict and Exec^x to the Estate of her late Husband Thomas Ofeild dece^d plaint. cont^a the goods money or Estate of Michael Vittroy dece^d in the hands of Eliakim Hutchinson Adm^r of the s^d Estate, Defend^t As also the goods or Estate of John Nurse of Treece in an action of the case for witholding the Summe of One hundred twenty Four pounds currant money of New-England due to this plaint. by bill under their hands and Seales dat^d 16^o May. 1679. with damages: . . . The Jury . . . found for the plaint. one hundred and twenty pounds in money and costs of Court allow^d twenty four Shillings ten pence.

Execution issued 17^o Nov^r 1679.

Taffe cont^a Comer

Robert Taffe plaint. cont^a John Comer Defend^t according to Attachm^t The plaint. withdrew his Action.

Beisco cont^a Brisco

Joseph Brisco Grand Son of William Brisco dece^d plaint. cont^a the goods and Estate late belonging unto Ezekiel Brisco of Boston dece^d, in the hands of Cap^tn William Wright who married w^th Rebecca late Relict and Adm^x to the s^d Brisco (and in perticular the part of a dwelling house and Land thereunto belonging scituate in Boston Sold by y^e Worpp^ll Tho: Danforth Esq^r unto y^e s^d Ezekiel) Defend^t for the Summe of thirty pounds in currant pay for Silver which is due unto him as the gift of his s^d GrandFather upon the purchase of a house and Land from m^r Robert Gibbs by Deed dated. 9^th 7^br 1662. which should have been paid by Benjⁿ Brisco out of that halfe part of the s^d house and Land given unto him and which since hee sold unto Tho: Danforth Esq^r [611] and by him sold unto the s^d Ezekiel, and bound over as Security for paym^t of the s^d Sume; which shall appeare by the respective Deeds for the abovementioned house and Land with all damages. . . . The Iury . . . found for the plaint. thirty pounds in Silver or equivalent to Silver out of the Estate left to him by his GrandFather W^m Brisco according to the Deeds & costs of Court allow^d thirty three Shillings six pence.

Execution issued pr^o Decemb^r 79

Butler cont^a Thacher

Nicholas Butler plaint. cont^a Thomas Thacher Defend^t according to Attachm^t The plaint. was nonsuted upon non appearance.

Carter cont^a Pelton

Thomas Carter plaint. cont^a Samuel Pelton ma^r of the Katch Blessing Defend^t in an action of debt for the value of twenty Seven pounds one Shilling and eight pence in Silver due for worke done on board the s^d Katch for the space of ten months and twenty five dayes being Shipped by s^d Pelton as mate at two pounds and ten Shillings per month in Silver and was Ship’t the first of Octob^r 1678. and put out of pay the 25^th August. 79 the non payment whereof is greatly to the plaint^s damage with other due damages &c^a. . . . The Iury . . . found for the plaint. twenty Five pounds in money, without costs of Court.

Hollett &c^a cont^a Pelton

Roger Hollet John Clapp and William Clapp or their OverSeers Cap^tn Roger Clapp, Thomas Carter and Ioseph Homes or either of them plaint^s cont^a Sam^ll Pelton Master of the Katch Blessing Defend^t for that the s^d Pelton hath greatly wronged & shamefully abused the s^d Roger Hollet John and William Clapp, who were by him shipp^d at Topsham as passengers hither putting into Plimouth commanded them to go ashore and would not suffer them to have any releife onboard for severall nights and dayes so likewise at Falmouth, and did not give them halfe allowance the Voyage hither, yet hath extorted and received Seven pounds apeice in Silver for their passage, whereby they are greatly damnified. . . . The Iury . . . found for the plaint^s thirty one Shillings apeice in money damage and costs of Court allow^d twenty Seven Shillings ten pence.

Goss cont^a Pelton

Phillip Goss plaint. cont^a Samuel Pelton ma^r of the Katch Blessing Defend^t in an action of debt due for worke done onboard s^d Katch for about the space of eleven months being Shipped by s^d Pelton here at Boston about the. 24^th of. 7^br at two pounds one Shilling per month in Silver and so Sayled to Virginia and from thence to England and so hither again and was put out of pay. 25^th of August last past and the wages due to the plaint. not being paid is greatly to his damage being twenty two pounds eleven Shillings in Silver this w^th due damages: . . . The Jury . . . found for the plaint. Five pounds Sixteen Shillings in money in full ball^a of all Acco^ts and costs of Court allow^d Seventeen Shillings: Upon the Question propounded The Jury declared in Court they gave judgem^t onely according to thirty six Shillings per month. [612]

Paige cont^a Woodbridge

Nicholas Paige plaint. cont^a Thomas Woodbridge Defend^t in an action of the case for Security for the Summe of Five hundred twenty nine pounds in money or thereabout including the costs, Judgement was granted by the last County Court held at Boston unto m^r Peter Sergeant and m^r Paul Dudley Attournies of m^r Thomas Deane against the s^d Nicholas Paige upon the chancery of a forfited obligation wherein the s^d Paige stood jointly & severally bound w^th s^d Woodbridge unto the s^d Deane, being the onely proper debt of s^d Woodbridge, which bond beares date y^e 2^d Iune. 1677. whereby the plaint. is damnified the above s^d Summe. . . . The Iury . . . found for the Defend^t costs of Court.

Keen cont^a Matthews

John Keen plaint. cont^a the goods debts monys or Estate of Iames Matthews Defend^t in an Action of reveiw of a case tried at the last County Court held at Boston. 29^o Iuly ult^o wherein Iohn Dafforne appeared as Attourny to s^d Matthews and recovered Judgem^t ag^t s^d Keen for twenty eight pounds and nine pence money, w^th damages; . . . The Iury . . . found for the plaint. twenty Six pounds five Shillings nine pence in money & costs of Court allow^d thirty Seven Shillings two pence.

Execution issued 8^o Nov^r 1679.

[See next case, and Dafforn v. Earle, page 1052, above.]

Keen cont^a Dafforne

Iohn Keen plaint. cont^a Iohn Dafforne Defend^t for witholding the Summe of Fourteen pounds Fifteen Shillings money due to the plaint. being for so much hee did pay unto m^r Simon Lynde by order of s^d Dafforne; w^ch was in full of a bill of thirty three pounds Fifteen Shillings nine pence money due from s^d Dafforne to s^d Lynde dat^d 23. Octob^r 1678. as shall appear with damages: . . . The Jury . . . found for the Defend^t costs of Court.

[This case was reviewed at the January session, 1679/80, pp. 1123–4, below.]

Keen cont^a Lewis

Iohn Keen plaint. cont^a Walter Lewis Chyrurgion Def^dt The plaint. withdrew his Action.

Browne cont^a Martin

Sam^ll Browne Carpenter plaint. cont^a Rich^d Martin Commander of the Ship Blossom Defend^t for witholding the Summe of Eleven pounds six Shillings three pence or thereabout due to this plaint. for Service by him performed on s^d Ship s^d Martin Comm^a in a Voyage from London to Amsterdam and thence to New-Castle and thence to Charlestown in New England as shall appear with damages: . . . The Jury . . . found for the plaint. Four pounds Eighteen Shillings one penny money & costs of Court allow^d twenty Six Shillings.

Execution issued 6^o Nov^r 1679.

Iay cont^a Hobart

Joseph lay plaint. cont^a Ioshua Hobart Marrin^r Defend^t according to Attachm^t The Court dismis’t this Accion the case being depending for tryal before the Hono^ble Gov^r And grant The Defend^t costs thirty Shillings and eight pence.

Execution issued. 10^th X^br 79. [613]

Clarke cont^a Holmes

Major Thomas Clarke plaint. cont^a Thomas Holmes Defend^t in an action of debt of two hundred and Forty pounds in money due by bond, w^th damages. . . . The Iury . . . found for the plaint. two hundred and Forty pounds money Forfiture of the Bond and costs of Court: Doctor Elisha Cooke appearing as Attourny to the Defend^t appealed from this Judgem^t unto y^e next Court of Assistants and gave bond for prosecution thereof to effect.

[Cooke’s Reasons of Appeal (S. F. 1842.7) mark a new style in that class of document:

Thomas Holmes his Reasons of Appeale from y^e Judgm^t of y^e hono^rd County Court held at Boston Nove^mbr 4. per Adjournm^t to this hono^rd Court of Assistants.

1. That y^r is but one wittness to ye Bill or Bond sworne & ye Deffendant not in Towne or neare to owne or deny his hand

2. That ye Defendant being absent & his friend also necessari[ly] called away lost ye oppurtunity of Chancering ye Bond

Elisha Cooke in y^e behalfe of Thomas Hol[mes]

These Reasons Rec^d feb^r 26^o: 1679.

P^r Js^a Addington Cler

At the Court of Assistants (Records, i. 152) the jury confirmed the former judgment, but “the bench hauing heard the plaintiffs Atturney & the deffendants pleas did chancerje the bond to the principall sum according to bond one hundred and Twenty pounds to be pajd yearely” at the rate of 24l a year, with six per cent interest, which the court figured would amount to 139l 3s; together with 45s 2d costs.

In S. F. 1842.2 is a copy of the execution, with the following note added by Edward Rawson:

This Exec: was only Altered on request & Jmportunity w^th advice of y^e Gou^rno^r Goods & Estate [rest illegible] Tho: Holmes]

Paige cont^a West

Nicholas Paige Attourny to Benjⁿ Barter plaint. cont^a William West Defend^t for not paying unto the s^d Barter nor his order the Sume of twenty five pounds Starling according to the tenour of a bill of Exchange bearing date the. 16^th may. 1678. drawn by him upon m^r Richard Wharton and comp^a merch^ts in Boston for the like value received of s^d Barter; which s^d bill is protested for non acceptance and non payment as by the s^d bill and protests shalbee made to appeare w^th damages: . . . The Iury . . . found for the plaint. five and twenty pounds money and costs of Court. The Defend^t by his Attourny appealed from this Iudgem^t unto the next Court of Assist^s and m^r Rich^d Wharton and m^r Jn^o Fayerweather acknowledged themselves bound . . . in the Summe of Fifty pounds money for the prosecution of said Appeale to effect, and also to Satisfy the Iudgem^t in case of m^r Paige his Recovery.

S. F. 1839.9

Trest15 May the. 16^th 1678.

At sight of this my third bill of Exchange my first and Second being unpaid, pay unto m^r Benjamin Barter or his Order the full Summe of twenty five pounds Sterling for the like value received of him here and place it to the Account of your Loving Freind.

William West

To m^r Rich: Wharton & Company Mercct. in Boston.

By this publick Instrument of protest bee it knowne and manifest unto all People that about one or two dayes before the Sixth day of October in the year of our Lord One thousand Six hundred Seventy nine Stilo Angliæ Annoque Regni Regis Caroli Secundi nunc Angliæ &c^a Tricessimo primo, At the instance & request of Nicholas Paige of s^d Boston merchant Attourny to s^d Benjamin Barter above-named J Robert Howard dwelling in s^d Boston sole Notary and Tabellion Publick by Authority of the Generall Court of the Massachusetts Colony of New-England admitted and Sworn did repaire to the dwelling house of s^d Richard Wharton but finding him not at home on the s^d Sixth day of October. 1679. hee the s^d Richard Wharton came with the s^d Paige to the Office of me the s^d Notary in Boston afores^d and then and there I the s^d Notary desired him the s^d Richard Wharton to pay the s^d Originall bill of Exchange by me Notary unto him shewn and read a Coppie of which bill is here before writ word for word, But hee the said Richard Wharton answered me the s^d Notary that hee would not pay or did refuse payment because the Summe demanded is already paid and accounted for to the drawer, and again attached in his hands to respond an Action of debt brought against Benjamin Barker, and because the demand of me alone (to which hee Subscribed his name thus) Richard Wharton, which answer from s^d Richard Wharton (as the onely person in s^d bill mentioned directed unto and drawn upon with this addition and Company) when I s^d Notary heard s^d answer as afores^d At the instance and request afores^d I did and do solemly protest against the s^d William West the drawer and Subscriber of s^d bill of Exchange and all others whome it doth and may concern for all costs damages and interest for non payment as afores^d suffered and to bee suffered This was thus done and Protested in Boston afores^d in the Office of me the s^d Notary the s^d Sixth day of October One thousand Six hundred Seventy nine.

Quod virtute Officij mej Attestor

Robert Howard Not. publ. Massachusitt Coloniæ per^dict.

Postscriptor.

2^nd Act in reference to the drawer.

As this aforespecified bill of Exchange drawn by s^d William West upon Richard Wharton and Company and for non payment per s^d Wharton was protested against William West the s^d drawer hee being absent and not in the Town of Boston And now by providence being come to Boston upon the request of s^d Nicholas Paige as Attourny to s^d Benjamin Barter mentioned in s^d bill, J the s^d Notary on the two and twentieth day of October in the year of our Lord One thousand Six hundred Seventy nine went with him the s^d Paige to the house or Lodgeing place of him the s^d William West with s^d bill of Exchange which I read unto him and acquainted him what was already done in his absence in reference to the aforegoing Protest and shewed him m^r Whartons answer as is beforewritten As also the bill of Exchange itselfe which hee confes’t to bee his bill and his name therein written to bee his own Subscription Then I demanded of him the s^d West payment of s^d bill his Answer then was to me the s^d Notary I cannot pay the money mentioned in s^d bill untill I receive it of s^d Wharton & comp^a which answer from himselfe the s^d William West drawer when I s^d Notary heard at the instance & request of s^d Paige as Attourny afores^d I did and do again solemly protest against the s^d William West drawer then and there being in his own person pu^rsent and all others whome it doth and may concern for all costs damages and interest for nonpayment as afores^d suffered and to bee Suffered This was thus done in reference to the personall presence of s^d William West drawer and Subscriber of s^d bill the s^d two and twentieth day of October 1679.

Quod virtute Officij mei Attestor

Robert Howard Not. publ. Massachusitt Coloniæ prædict.

Recorded in the .312: page of the .5^th Booke of s^d Notary Records according the custom of the Jurisdiction afores^d

Vera Copia Attest^r Js^a Addington Cler

S. F. 1839.3

William West, Appeallant, Cap^a Nich^o Paige, pretended attouroy to M^r Benj^a Barker, Def^t.

Reasons of appeale from y^e Judgm^t of y^e County Court at Boston in Octob^r last.

1. As the appeal^t owned, & his Bills of Exchange proved him Debt^r to Benjamin Barker, so hee should readily have paid what was due, had not Benjamin Barkers estate in y^e appeall^ts hands, (w^ch was but Twenty five pounds) been attatched, & so by Law Subjected to satisfie a debt of Thirty Six pounds three Shillings due from sd Barker, & by y^e same Juries verdict adjudged to m^r Fairweather & Comp^a. Therefore this being pleaded for the appell^ts acquittance, y^e Attatehm^t being before them, & their Verdict not Twenty four Howres old,16 it was most unreasonable & unjust, by an after verdict to order the appeal^t to pay m^r Paige what by a former Verdict according to law they had adjudged towards payment of Benjamin Barkers debt to M^r Fairweather & Company

2 Jt appeareth not by the papers in this Case that m^r Paige had any power to Sue, and if the Iewry had any refference to anything produced in another case, it had been just also that they should have taken their own Verdict in that Case as evidence in this however the Jewry haveing by a Verdict found for m^r Fairweather & Comp^a upon the attatchment of Benjamin Barkers Estate in the appeall^ts hands, afterwards to cast the appea^llt for for nonpaym^t of that Estate to m^r Paige is very illegall (our law saying that y^e Estate attatched shall lye to satisfie the Judgment): And y^e appeal^t is by the last erronious & injurious Verdict (to avoid the Necessity of paying the Summe that was in his hands twice) necessitated to this appeale, hopeing that this Hon^rd Court & Iurie will see reason to reverse y^e former Iudgm^t, & grant y^e Appeal^t Costs of Courts

tho: Norman

Atturney to W^m West

These Reasons Rec^d .26. feb^r 1679.

per J: Addington Cler.

S. F. 1839.4

To: the Honred Court of Asestants Settinge in Boston March the 2^d 16⁷/₈⁹/₀ Nicholas Paige: Atturney to Benj: Barter his Answers to Tho: Norman Atturney to Will West his Resones of Appeale from ye Judgment of ye Countey Court held in Boston in October Last Releatinge to y^e Judgment granted to ye said Paige as Atturny to Benj: Barter againest Willam West Concerninge a bill of Exchange

To: The First Reason That ye Appelant owned and his bill of Exchange proued him debter to Benj: Barker and that hee might owne himselfe debtor to Benj: Barker J will not despute but that his bill of Exchange proued him Dr to Benj: Barker J deney — The bill of Exchange proufed that hee wase indeb[ted] vnto Benj: Barter; and not to Benj: Barker — J hop the Honred Court and Jury will destinguish be’twen Barker and Barter; and then they will find noe Vallidity in this Reson; The pretence why ye bill of Ex[c^o]: wch wase drawne by West: payable to Barter: or: orde^r Should not be paid to:, or: recovred By Barters order was be Cause the Estat of Barker:, wch beinge another man: bee Cause itt is a nother name, wase a Rested in ye hands of West, and w^t Reson Cann thare bee in this Reson of Appeale, West might owe Barker fiue hundred poundes and Barker might owe Farreweather and Comp^a money:, and yet Barters Estate noe way Concerned, and if the same parson was ment and Jntended yet ye parson Cann not be Vnderstood:, and the parson and Case must bee Vnderstood or thare is noe ground of Action theare for here is no ground for ye Action of Appele:, Willm West ought to pay his bill drawne for ye Vse of Barter all though hee owed Barker neuer soe much, and itt wase attached in his hands:

To: his second Reason That itt ded not appeare Paige Wase Atturny: to Barker: their is noe need of that for J Claime nothinge Jn Right of Barker: but Jn Right of Barter:, and that ye Leater of Atturny appeared in Court and theare Js extant is true pa[^r] wch J wase alowed to sue and did Recouer of West in the Name of Barter and why itt is not brought to this Court J know not,: but suppose that Barters Estat had benn Sued in the handes of West: yet West might owe Barter other waves then by this bill: of Exchange and soe ye bill The payment theire of not to bee hindred: But if itt bee taken for granted that hee owed him nothinge otherwayes yet J doe Conceue the Attachinge or Recoueringe of Judgment: againest Ba[torn] his Estat in y^e handes of West in Genrall: will not touch the Estate of Barter in the hands of West per uertue of such a spetialty as a Bill of Exchange Thus not doubtinge but the Honeared Court and the Gentellm of y^e Jurey will Com to a right understandinge of y^e Cause and see Just Reson to Confearm the former Vardet and soe J am

yo^rs to Command

Nicho: Paige

(Records of Court of Assistants, i. 157)

w^m west pit ag^st Nicholas Paige Atturney to Benjamin Barter deffend^t in an Action of Appeale from the Judgment of the County Court in Novembe^r last at Boston . . . the Jury brought in their virdict i e If stopping of mony due by bill of exchainge by Attaching of it in the hands of him by whom the bill of exchainge is draune be a sufficient barr for the non payment of the money sued for then wee find for the plaintiff reuersion of the former Judgment & Costs of Courts if no^t wee find for the deffendant Confirmation of the forme^r Judgement & Costs of Courts. The Bench resolues this Question on the negative & so determines this Case for the deffendant Confirmation of the former Judgment & Costs of Courts three pounds eight shillings]

Leitchfeild cont^a Badcock

Thomas Leitchfeild plaint. cont^a Ionathan Badcock Defend^t according to Attachm^t The plaint. withdrew his Accion.

Lamb cont^a Williams

Joshua Lamb for himselfe and as Attourny to Benjⁿ Walker &c^a plaint. cont^a John Williams Defend^t according to Attachm^t The plaint. withdrew his Action.

Thacher cont^a Thacher

Margaret Thacher Relict & Adm^x of the Estate of the Rev^d m^r Tho: Thacher dece^d plaint. cont^a Tho: Thacher Ralph Thacher & Peter Thacher Defend^ts The plaint. withdrew her Accion.

Fiske &c^a cont^a Rawson

Thomas Fiske and Thomas Patch Guardians to William Rogers son of William Rogers formerly of Boston plaint^s cont^a William Rawson Adm^r to the Estate of William Snelling (in behalfe of Margaret his daughter and Ann Davenport his Sister) Defend^t in an accion of the case for witholding one hundred thirty Six pound nineteen Shillings six pence being his part of his s^d Father William Rogers his Estate in the hands of William Snelling according to Inventory and the Courts Setlem^t of s^d Estate, with damages: . . . The Iury . . . found for the plaint^s Fifty one pounds ten Shillings in money and Eighty five pounds nine Shillings six pence in such Specie as the Estate was or is in & costs of Court. Forty five Shillings ten pence

Execution issued 2. Decemb^r 1679.

[See Settlement of Snelling’s estate, below, p. 1103.]

Saffin cont^a Alborough

John Saffin plaint. cont^a Cap^tn John Alborough Defend^t according to Attachm^t The plaint. withdrew his Action. [614]

Harris cont^a Yeales

Richard Harris plaint. cont^a Timothy Yeales Defend^t according to Attachm^t The plaint. withdrew his Action.

Harris cont^a Yeales

Richard Harris plaint. cont^a Timothy Yeales Defend^t according to Attachm^t The plaint. withdrew his Action.

Pratt cont^a Weeden

Aron Pratt plaint. cont^a Joseph Weeden Defend^t in an action of the case for detaining and not delivering an Indenture of Apprentiship dat^d sometime in the year. 1674. the same being demanded of the s^d Weeden by Pratt; with damages: . . . The Jury . . . found for the plaint. the delivery up of his Jndenture and Freedom from Weeden or twenty pounds money & costs of Court allow^d twenty Shillings six pence.

Execution issued 21^o nov^r 1679.

Smith cont^a Egerton

Katharin Smith plaint. cont^a Peter Egerton Defend^t according to Attachm^t The plaint. withdrew her Action.

Kent &c^a cont^a Knight

William Kent and Iohn Indicott Adm^rs to the Estate of Samuel Hawford plaint^s cont^a Richard Knigght Defend^t The plaint^s withdrew their Action.

Sheafe cont^a Salter

Sampson Sheafe Merch^t plaint. cont^a Eneas Salter of Boston Mason Defend^t in an action of the case for refuseing to deliver up unto the s^d Sampson Sheafe and give him possession of a certain parcel of Land and houseing thereupon scituate in Boston aboves^d in the pu^rsent tenure of s^d Salter which do of right belong unto s^d Sheafe as shall appear by a conditionall Deed of Sale or mortgage under the hands and Seales of s^d Eneas Salter and lone his wife bearing date. 17^th of Iune. 1677. long since forfited and by them so acknowledged & surrendred up unto the s^d Sheafe, and afterwards leased of him for the term of Six months after the rate of twelve pounds money per annu^m but doth neither pay the s^d Rent nor will Surrend^r the pu^rmisses whereby the plaint. is damnified more then One hundred and Ninety pounds in money with other due damages: . . . The Iury . . . found for the plaint. possession of the house and ground Sued for, and Sixteen pounds twelve Shillings money for Rent, and costs of Court allow^d twenty three Shillings six pence.

Execution issued 11^th Nov^r 1679.

Watts cont^a Gover

In^o Watts plaint. cont^a William Gover Defend^t in an action of debt of ten pounds Fourteen Shillings and nine pence due to the plaint. according to bill. dat^d 7^th Novemb^r 66. w^th interest and damages: . . . The Jury . . . found for the Defend^t costs of Court allow^d twenty Shillings.

Beament cont^a Welden

Gamaliel Beament of Dorchester plaint. cont^a Daniel Welden Defend^t in an action of debt for Seven pound Fourteen Shillings and two pence due by bill dat^d 3 ^d Iune last, to bee p^d in currant money w^th damages &c^a [615]. . . . The Iury . . . found for the plaint. Seven pounds Fourteen Shillings two pence in currant pay and costs of Court allow^d Forty one Shillings ten pence.

Execution issued 8^o nov^r 1679.

Danson cont^a Eliott

George Danson or his lawfull Attourny plaint. cont^a Henry Eliot Defend^t in an action of the case for entertaining fostering and detaining an Indian Squaw called Sarah who is Servant to s^d Danson, from the Service of her s^d Master; which is contrary to Law and greatly to the damage of the plaint. as shalbee made appear with all other due damages: . . . The Iury . . . found for the plaint. that s^d Eliot return the Indian Squaw in controversy (mortality excepted) and deliver her to s^d Danson within twenty dayes next comming and also pay s^d Danson Forty three Shillings money damage and costs of Court, s^d Danson defalking Five and twenty Shillings money to s^d Eliot. Or that s^d Eliot pay Fifteen pounds money to s^d Danson and costs of Court. The Defend^t appealed from this Iudgem^t unto the next Court of Assistants and put in Security for prosecution thereof to effect.

[Among the numerous depositions and other documents on this case, in S. F. 1919.1–19, the following make a fairly connected story:

S. F. 1919.16

Boston January, the: 11^th 1678.

J George Danson do impower Henry Ellyat of or about Stoningtown to take up my Indian Squaw, Sarah Dijuponyou who hath been wanting about 10. weekes or thereabouts this being the second time that the s^d Indian Squaw hath run away from her s^d m^r George Danson — and this my note shalbee yo^r sufficient warrant As witness my hand the day and year first abovewritten, her wearing Clothes was one red petticoate with Sleaves and another striped Coate woolen and cotten and a striped gown a pair of blew Stockins and one pair of black Shoes and two dowlis Shifts and a blanket that Shee stole of the bed when Shee went away.

George Danson

Shee is the same Squaw that both I and my wife discharged Iohn Wardner of enterteaing because hee knew Shee was a runaway.

W^m Gilbert who wrote y^e order from Danson to Elyot denyed the above to bee his hand in Court. Nov^r 6. 1679.

attests J Addington Cler

S. F. 1919.21

The Deposition of Adam Dunkin aged. 20: yeares or thereabout and Iudah Nubey aged .17. yeares or thereabout testifieth and Saith.

That about Four or five months’ since came one Elliot of Stoningtown to our master George Dansons house, and our Master told him hee heard his Squaw was at Warwick and asked him if hee would undertake to fetch her home, hee said hee would So our master agreed with him for twenty five Shillings, our mistress being by told s^d Elliot Shee feared hee would when hee had taken her keepe her at his own worke it being then about planting time, hee told our Mistriss hee would not for hee did not plant, our mistriss told him hee must not keepe her above a weeke after hee had taken her, but hee would not undertake to bring her down under a Fortnight after hee had taken her to which at last they agreed; Jn a little time after said Elliot came again and said hee had found the Squaw but hee could not bring her down for so little as twenty five Shillings our mistress asked him what hee would have more, to which wee remember not well his answer, but our mistriss gave him three Shillings in his hand and told him hee should have that more with which hee seemed contented and promised to bring her: Further s^d Elliot told our master that the Squaw was unwilling to go with him. Saying hee would steale her from her master Danson and said Shee was going home to him again and Eliot said hee dragged her after his horse to make her go and was forced to use her so that Shee kep’t her bed some daies till at last hee beat her with a whalebone till Shee bled before hee could make her worke for him

Sworn in Court .6^o Nov^r 1679. by both witnesses

Attests J: Addington Cler.

S. F. 1919.14

Boston .the. 28^th August .1679.

I underwritten do hereby promiss and oblige my Selfe to deliver to George Danson or his Order an Indian Squaw named Sarah, belonging to the s^d Geo: Danson and now in my possession at demand. Witness my hand.

Henry ○ Elliott

his marke

Witness.

Nath: Colson

Daniel Mascroft.

Owned in Court per Henry Elliot. Novemb^r 6. 1679. attest^d per Js^a Addington Cler

S. F. 1919.17

Stoningtown. September the first. 1679 @

Hono^rd and Loving Freind.

After kinde Salutations to yo^r Selfe and your good wife, I thought good to write unto You that you might understand the true reason why this man which you either sent or at least Saith yo^w sent him which if you did I admire you should send a man so far on so slight an errand, not so much as to impower him to give me a discharge nor to write on the backside of that paper w^ch hee brought that you did desire me to deliver the Squaw to the bearer thereof, which is the true reason of my not delivering of her, for at the first comming of the man I told him, not makeing any question of the truth of what hee said, that according to my word and ingagement there was the Squaw as Shee was in my house standing by this man my wife onely being present, but soon after Shee went out and I said to this man you had best go out after her for fear Shee should give you the Slip, and hee went out and talked with her awhile and comming again Shee tooke the oppertunity and went away and the man seeing her gone said nothing but went away also, and I tooke my horse and followed him and asked him where his order was and desired to see it and hee told me I should not, I told him I had delivered her to him, hee denyed it and I could not prove it, which put me to a Stand what to do fearing that the Squaw was gone, but when I came home Shee was come and I sent him word and hee came and I profered him once more to deliver her if hee would shew me any order from yo^r Selfe or give me a discharge, but hee had no Order and he would give me no discharge, therefore I thought if I should delivered this Squaw and hee should have lost her I might have been called to an Account and been made to have paid for her, having nothing to Secure my Selfe.

So in haste I Rest yo^r Loving Freind

Henry Elliott

Own^d in Court .6^o Nov^r 1679. per Henry Eliott Attests Js^a Addington Cler. Vera Copia Attest^r Js^a Addington Cler

S. F. 1919.18

John Marsh aged about .32. yeares testifieth & Saith that in the latter end of august or in the begining of September instant J was hired by George Danson to go with Henry Eliot to fetch an Jndian Squaw that then was in the possession of s^d Eliot (called Sarah) and J then tooke my journy with s^d Eliot, who in the way discourseing together told me hee knew my buisness and asked me if J had y^e note about me that hee gave to George Danson about y^e Squaw, and J told him yes, and J shewed him the note at his house and his wife was there & hee owned his hand or marke & the witnesses, but hee did not deliver me the Squaw, but left her to her liberty telling her if Shee would go to Boston Shee might, but if Shee would not Shee might Stay for hee would not force her; but soon afte[torn] refused to deliver her upon that note Signed with his owne marke, So J returned without her, & had Forty Shillings mony for that Journy which s^d Eliot knew of.

Taken upon Oath the 10^th of. 7^mo 1679.

Before me Anthony Stoddard Commiss^r

S. F. 1919.20

The testimony of Tho: Huit of Stoningtown aged twenty yeares or thereabout do testifie and Say that upon a time hee going to Steven Richardsons, did overtake a man w^ch did say that hee had an order of m^r Donson to receive an Jndian Squaw of Henery Eliot, and the man said hee had been at Henry Eliots to demand the Squaw, and hee said that Henry Eliot did say unto him here is the Squaw take her, and farther Saith that the man said that while hee was talking with some body the Squaw ran away and farther saith not.

The testimony of Thomas Bell of Stoningtown aged thirty three yeares or thereabout do testify and Say that hee was in Henry Eliotts house and did heare say that m^r Danson had sent a man for the Squaw that is said to bee m^r Danson[s] and going out of the house did see the man (which did pretend hee had an order to receive the Squaw) and the Squaw alone together behinde the house, and soon after the man came into the house and went out again and went in again and said that the Squaw was ran away & farther Saith not.

Thomas Bell and Thomas Hewit appeared & made Oath to the abovewritten.

Before me Samuel Mason Com^nr

Stoningtown April y^e 27^th 1680.

Copia Vera attest^r Js^a Addington Cler.

But Bell had previously given testimony quite different in selection of incidents and in implication:

S. F. 1919.28

The Deposition of Thomas Bell aged thirty three yeares or thereabout, who Saith that sometime this last Summer being at the house of Henry Eliot there came thither a man who pretended himselfe to bee sent by George Danson for an Indian woman; but I did not see any order hee had for her; but I heard the s^d man Say that hee had no order under Dansons hand for the the woman: And further I do testify upon my certain knowledge that I heard Henry Ellitt tender the afores^d man to deliver the Indian woman unto him provided hee would give him Security under his hand to secure the s^d Eliot from damage in case the Indian Squaw should make her escape from him, the which the s^d man utterly refused to do, the which was the last of the discourse which I heard between Henry Ellit and the man before they parted and further Saith not.

This Testimony was taken before me. Octob^r 1: 1679. Jn Stonington.

Samuel Mason Comm^r

Elliot’s Reasons of Appeal (S. F. 1919.10):

My Reasons are Viz^t —

1: Because J did not entertaine the Squaw Contrary to Law. J had Georg Dansons ord^r & aprobation for y^e entertaineing of hir as by the testimony of Adam Dunkin and Juda Nubys which proues J was to bring hir downe Now how Could J bring hir downe exept J first Receiued & entertained her Soe y^t my entertaineing hir was per his Consent & theirfore not Contrary to law, The first tearme in the Attachm^t J hope is Answered & proued Voyde

2 Reason is because the Second tearme in the Attachment is Not true J did not Forster the Said Squaw Their is not any one of the Testimonys Say J did or any thing to that purpose

3 J did not deteine the Squaw Contrary to Law — Neither did J deteine hir at all from him or his order — J might Legally keepe hir Nay J humbly Conceiue must keepe hir vntill Georg Danson or his ord^r demaund hir, J am very Confident that Jt will apeare to this honoured Court & Jury that Neither Georg or his order euer demanded the Squaw — Jf Soe then J was not in any fault in keeping hir — till Demanded, Jf it bee pleaded Shee was demanded by John Marsh at y^e Apellants House J Acknowledg it, but deny that hee was Dansons ord^r Jts true hee brought my Noate with him but noe ord^r either Jndorsed Vpon the noate or otherwise Soe that Jf J had deliu^rd to Jn^o Marsh J had neither deliuered hir to Georg Danson nor his ord^r and soe had broken my promise & obligation in my Noate, yet as apeares per Testimonies J did not detaine the Squaw but left hir to hir liberty to to goe or Stay And moreouer ofered Marsh to deliuer hir Jf hee would giue mee Security to defend mee from Danson in Case the Jndian Squaw should Make hir Escape & what more J Should doe J know not

Jf it bee pleaded The deliuery vp of my noate to mee would haue Suficiently discharged mee J Answer J humbly Conceiue Not Jf J owe 100£ per A Bill to A: B: or his Asignes. A. B. Drops this Bill & C: D takes it vp Comes to mee & demands this 100£ Jf J pay it am J discharged by haueing the Bill vp — And may not A: B: Recou^r of mee because J haue not paid either to him or his Asignes — Jf hee Canot then whosoeuer finds A Bill of Another mans is his Assigne theirby & the money due to him mearly by finding the Bill & what euill Consequence this would bee of J Leaue to this honoured Court & Jury to Consid^r J hope it apeares that John Marsh his demand was neither the demand of Georg Danson nor his order Theirfore J haue not detained hir Jlegally as is y^e matter of Complaint in the Attachment —

But Jf it bee further alledged this Squaw was demanded by Georg Danson per the Attachment being Serued J Answer The Attachment was Serued in Boston, which was not the place of deliuery, The demand must bee made at the place of deliuery or else J humbly Conceiue it is noe demand — Now Stonington was the place of Deliuery as apeares. . . .

S. F. 1919.11

George Danson his Answers to Henry Eliot his Reasons of Appeale from the judgment of the County Court held in Boston by Adjurnm^t from y^e 20^th of Octob^r to the forth of Novemb^r 1679 Giuen in by his Atturneys (viz) M^r Anthoney Checkley & M^r Nathaniell Oliver —

My Answers to the Plaintifes interrogations which are two in [the] prologue (or rather preamble) are as followeth (viz) —

1 in modest & humble termes I denye their Critticall & Sophisticall assertion, for although Adam Dunkin & Judah Nubye, their testimonys doe imploye an order for Eliots entertaineing the Squaw sarah; yet it alsoe proues a limeted time; which was one weeke at first; & vpon y^e grant of a fortnight, there was an absolute agrement, the non performance of which is a breach of bargaine or Covenant: there fore elegall on S^d Elliots part.

2 it is not reason to Say that hee did not foster the person of the Squaw that hee hath maintained & nurished by the Space of about fower monthes, which M^r Elliot: did, and is proved by dunkin & Nueby their testimoneys with his owne promise or obligation] vnder his Marke dated Boston y^e: 28^th August: 1679 but hee hath now detained her about eleuen monthes

3 it is inconsistant as well as incongruous with M^r Elliots whole case as himselfe by his Atturneys haue Stated the Matter in this Appeal to Say that hee did not detaine the Squaw contrary to Law: for these reasons —

1: hee tooke her vp as Shee was M^r Dansons Servant

2: hee brooke his agrement in keeping her aboue a fortnight

3: hee forced her against her owne will for shee said shee was goeing home to her master Danson againe

4: hee beate her extreamely to make her worke for him Selfe17

5 hee ownes it in his owne fashionable Letter which makes his detain[ing] of her elegall — for hee breakes all manner of order in it

Againe hee continues his dicourse vpon the frivolous plea of a lost: Bill my answer is that the Finder of it; had it in his power: to cleare the drawer of it (Soe that y^e Law could not helpe the true Creditor to y^e vallue of it) if the finder had but burnt the bill

Nextly here comes in 4 fantacies which call for 4 Answers that are breefe to avoyde prolixity; not dobting but the respectife Jury will compare them with the Conceited assartions

1: Danson hyred Jn^o Marsh to inspect and assist Elliot in his action[s] about the returneing of the Squaw, if possible to make Elliot hone[st] and had also deliuered to Elliot an Jrion Jingin made almoste like (pothookes) with a Rivett soe that it would come about her Necke, and a padlocke to keep it fast there but Elliot made noe vse of it: as is known to vs though hee might esily haue comanded her if that had ben put on

2: the three shilings adistionall money payed by Dansons wife make plaine the confirmation of the bargaine or that hee was to returne the Squall or bring downe Squaw to Boston, test Dunkin & Nubye

3: the former judgment in my conceite was 43^s damage, because Eliot made Dason soe great a Looser by S^d Elliots deceitfull actings as is found by John Marsh, M^r Bichenson & the vndenyed Pothooks &c^tr

4 because the place of deliuery was Boston there fore ’tis beleved and knowne the jury gaue wisely & advisedly 20: dayes for the performa[nce] of it, for there was noe new Agrement, but by prudence a Note obtain[ed] from Elliot to bee helpfull to strengthen what was alredy agreed on —

his 1:2:3: totaligies are answered before

4^ly I admire this pece of aprehensiue & conceited fantasie aboue all the rest of the Appealants Witts that hee or they should now stammer and hackle about 15¹ or the or the returne of the Squaw when they might hau choose whether they liked best, and to this daye the now defendant desires his Squaw to bee returned vndamnified and his damages responded in reason rather then 30¹ the best money in New England, and it has ben said that Henry Elliot did Say if the jury had not aded 5¹ to y^e 10¹ first agreed on hee would haue payed the money & Danson should neuer haue the Squaw — soe truste that this honoured Court & jury will See the extreme abuse & wronge in this Matter & giue just releife to him that prayes for your happiness

the Marke of

George Danson

Boston y^e 1^st March 16⅞⁹/₀ G D

S. F. 1919.13

M^r George Dansons damages to bee repaired by Henry Eliott.

		£ s d
1.	The Squaw Sarah to bee returned and delu^rd to her master with all convenient Speed or at least in some limited time or	30:00:00
2.	That Eliot respond to Danson the hire of John Marsh who went to assist Eliot to bring down the Squaw	02:00:00
3.	To return or pay for the lock & bolt	00:05:00
4.	To respond the costs of the first Court w^th the damages allowed	03:09:00
5.	That hee respond the charge at the Court of Assistants for s^d Eliot did there unjustly trouble s^d Danson	01:00:00
6.	That s^d Eliot pay for the time hee hath detained the Squaw in his Service about fourteen months	14:00:00

Vera Copia attest^r Js^a Addington Cler

The Court of Assistants (Records, i. 156) in 1679 reversed the former judgment and found for Elliot with 46s 2d costs. “Henry Elljot in open Court engaged that he would deliuer the Indian to George Danson or his order dead or aliue.” Nevertheless the case was reviewed at the April session, 1680, of the County Court, decided in the same way (copy of judgment in S. F. 1919.7), appealed by Elliot (Reasons in S. F. 1919.9), and again reversed by the Court of Assistants (Records, i. 167.]

Buckley cont^a Butler

Rich^d Buckley plaint. cont^a Iohn Butler Defend^t The plaint. withdrew his Action: The Defend^t confessing judgem^t

Leverett cont^a Knight

Hudson Leverett plaint. cont^a Bathsheba Knight Adm^x unto the Estate of her dece^d Husband Iohn Knight Defend^t in an accion of the case for refuseing and neglecting to pay the Summe of Fifty Six pounds Eighteen Shillings and one penny in money or thereabouts as shalbee made to appeare or what else shalbee made to appeare due upon the ballance of Accompt with due interest and damages: . . . The Iury . . . found for the Defend^t costs of Court

Clowter cont^a Peck

Thomas Clowter or his lawfull Attourny plaint. cont^a Iohn Peck Defend^t for witholding the Summe of Four pounds money or thereabouts due to this plaint. for about four months wages for an Indians Service onboard s^d Pecks Vessell in his last voyage to Newfoundland as shall appear by writing under the hand of s^d Peck with damages: . . . The Jury . . . found for the plaint. Forty Shillings in money damage for wages and costs of Court.

Mills cont^a Sise

John Mills Administrato^r to the Estate of Iohn Fuller dece^d plaint. cont^a Christopher Sise Defend^t in an action of debt of thirty two pounds money due to the s^d Fuller by bill under the hand of s^d Sise dated. 4^th novemb^r 1678. with interest and damages: . . . The Iury . . . found for the plaint. thirty two pounds Fourteen Shillings six pence in money and costs of Court. [616]

Whetcombe cont^a Townsend

James Whetcombe Merch^t plaint. cont^a Peter Townsend Defend^t in an action of the case for the Forfiture of his bond of two hundred pounds money under his hand and Seale bearing date. 21^o December. 1677. by his non performance of Covenants unto which the s^d bond doth relate as thereby shall appeare with due damages: . . . The Iury . . . found for the plaint. Forfiture of the bond two hundred pounds in money and costs of Court.

Whetcombe cont^a Ellis &c^a

James Whetcombe plaint. cont^a Henry Ellis and Roger Rose of Boston Marriners or either of them Defend^ts in an action of the case for witholding from this plaint. the Summe of Forty Six pounds being the penalty forfited by the s^d Ellis and Rose by not paying the Summe of twenty three pounds money before or upon the first day of October last as shall appear by bill under the hands and Seales of s^d Ellis and Rose, with due damages. . . . The Iury . . . found for the plaint. thirteen pounds Fifteen Shillings money and costs of Court one pound three Shillings

Shrimpton cont^a Hudson

Samuel Shrimpton plaint. cont^a William Hudson Tavernkeeper Defend^t in an action of debt for not paying the Summe of one hundred & five pounds or thereabout in money due by booke w^th due damages: . . . The Iury . . . found for the plaint. one hundred and five pounds Five Shillings four pence in money & costs of Court being twenty nine Shillings eight pence.

Peck cont^a Clowter

Iohn Peck cont^a Thomas Clowter Defend^t in an Accion of the case for witholding the Summe of Eight pounds twelve Shillings or thereabout money due to this plaint. as shall appeare by evidence with damages: . . . The Iury . . . found for the Defend^t costs of Court

Hill cont^a Obbinson

Thomas Hill plaint. cont^a William Obbinson Defend^t in an action of the case for refuseing to pay him the s^d Hill the Summe of ten pounds in money due for one halfe yeares Rent due by lease, the. 29^th of Septemb^r last past as will appeare by Lease under the hand & Seale of s^d W^m Obbinson, being greatly to the damage of the plaint. and 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 & put in Security to prosecute the same to Effect.

[William Obison, in 1676, took a seven-year lease of Thomas Hill’s tanyard, orchard, bark-grinding mill, and half his house, in the western end of Boston (lease in S. F. 1908.8) at a yearly rent of 20l, and established a tanning business there. It might be conjectured from our previous acquaintance with the Obisons, especially the goodwife (see case of Gilbert v. Obison, session of 31 October, 1676, above, p. 738), that the Hills would find them unpleasant neighbors; and such turned out to be the case. Hill appears to be identical with the man of that name who was involved in the previous case in the role of town scavenger. He refused to keep the bark mill and Obison’s end of the house in proper repair, according to several depositions (S. F. 1908.13, 20, 23), so that the bark mill, an essential part of the tanning plant, would not work. Hence Obison stopped paying the rent, and his goodwife performed her usual part of placing accent and emphasis on her mate’s slower movements:

S. F. 1908.17

The Deposition of Francis Ball aged about Fifty five yeares testifieth that this deponant being at Thomas Hills house to fetch away hides to tan for s^d Hill, Will^m Obbinsons wife came out of the house and Set a Lock upon the gate and hindred us from loading a Cart that then was there for that purpose, Thomas Hill asked why Shee did so, Shee made answer that Tho: Hill had no way there and should not go that way whereupon Thomas Hill tooke off the s^d Lock & gave it her and carried away the hides that way, whereupon the s^d woman tooke a naked knife & ran at s^d Hill severall times indeavouring to stab s^d Hill saying Shee would bee the death of s^d Hill and after that Shee tooke up Stones and threw at s^d Hill and hit s^d Hill in his Neck almost hit him down and then Shee ran away and farther Saith not

Sworn in Court. 27^o april : 1680. attests J: Addington Cler.

That this picturesque manner of paying the rent was not an article in the indictment, suggests that the Hills gave as good as they got. Hill appealed to the Court of Assistants (S. F. 1908.3), and Obison answered (S. F. 1908.5) in a manner of which this preamble is sufficient indication:

William Obbinsons answer to Thomas Hills reasons of Apeall is as followeth Jmp^r And first the defendant saith that he finds so little of Law or reason in the paper he calls the reasons of his appeall such a long preface to it and so much tatollege: impertinences and dirt cast upon the former Jurie that he cares not to meddle with it but chuseth rather with the favour of this Honoured Court and Gentile men of the Jurie to say something as near as he can to the merrit of the case in wordes of truth and with what brevity he may

He further accused Hill of hindering his access to the common well, and letting his horse into the street, from which “it did evidently apear that his design was to destroy the defendant and ruinate him to all intents and purposes.”

What Obison called the “Gentile men of the Jurie” rendered a confused verdict (Records of Court of Assistants, i. 151):

The Jury brought in their virdict they found a speciall virdict: If the lessor not performing his part of the Couenant doth disobleige the lessee from his part of the Couenant then wee finde for the deffendant Confirmation of the forme^r Judgement of the forme^r Court & Costs of Courts If not wee finde for the plaintiffe tenn pounds in money & Costs of Courts the Court Resolues this question on the negative that the lesso^rs non-performance of the Couenant doth not disobleige the lesse & determins for the . . . plaintiff that the deffendant pay the plaintiff tenn pounds money & Costs of Courts three pounds fower shillings & eight pence.

After which the parties started all over again, at the April session, 1680, for which see S. F. 1908.4–21, and Records of Court of Assistants, i. 161, 180. One document from the review (S. F. 1908.23) may be quoted for a curious word. Peter Aspinwall testified as to

the trouble and charge which s^d Obbinson was at in removeing fourteen tan pits, his Stocke of Barke, and about twenty five dicker of Leather with the loss of all his Liquor or barke ouse, and do apprehend according to the best of our Judgem^ts that the loss hee Sustained thereby could be no less then twenty pounds in money.”]

Keen cont^a Johnson

Iohn Keen Assignee to Iohn Manset plaint. cont^a Sam^ll Iohnson Defend^t in an action of the case for witholding the Summe of Fourteen pounds fourteen Shillings Sterling money of New-England due by bill dated. 29. aug^o 77. w^th damages. . . . The Iury . . . found for the plaint. Sixteen pounds Eight Shillings in money and costs of Court allow^d twenty three Shillings

Execution issued 10: nov^r 79. [617]

Williams cont^a Greene

Iohn Williams plaint. cont^a Iohn Greene Defend^t The plaint. withdrew his Action.

Holton to Byfeild

Iohn Holton of Northampton appearing in Court confessed Iudgement ag^t his Estate and person for twenty Eight pounds five Shillings and six pence to bee paid in money unto Nathanael Byfeild Executo^r of the last will of Cap^t Thomas Clarke dece^d

Thayer his Estate ordered

For a division of the Estate of Sydrach Thayer late of Brantery dece^d intestate amounting by Inventory to three hundred pounds cleer Estate: It’s Ordered that the eldest Son left by s^d Thayer have Eighty pounds paid him as his double portion of his s^d Fathers Estate when hee shall attain the age of twenty one yeares And the other Four Children left by s^d Thayer to have Forty pounds apeice paid unto them when they respectively come of age as their portions of their s^d Fathers Estate, And ordered that Deliverance his Relict widdow enjoy the whole Remaining Estate to the use of her and her heires forever Shee bringing up the Children at the charge of s^d Estate untill they come of age or bee otherwise disposed of

Burnell ordered a Dowry

It’s ordered that Samuel Burnell of Boston pay unto his Mother Sarah Burnell Widdow Four pounds Sixteen Shillings money per Annu^m during her life, in leiu of her thirds of Land sold by him at Pulling point for Ninescore pounds w^ch was the Estate of his Father W^m Burnell to bee paid unto her by equall portions Quarterly at the begining of each quarter, hee to give Security forthw^th so to do: Afterward Ordered that the Marshall levy the first quarter and put her into possession of the Roome Shee formerly lived in, in her Son’s house unless hee provide other to her content. Execution issued 27^o nov^r 79.

Freemen Sworn

Andrew Lane and Iohn Tucker of Hingham and Simon Peck of Milton tooke the Oath of Freedom of this Colony.

Bolter his Estate Setled

For a Setlement of the Estate of Ric^d Bolter late of Weymouth dece^d intestate. It’s Ordered (that after his just debts and Funerall expences are duely paid and Satisfied) his onely Son Thomas Bolter have and enjoy the whole remainder of the Estate to the use of him his heires and Assignes forever.

Butler to Buckley

Iohn Butler appearing before the Hon^ble Simon Bradstreet Esq^r Gov^r and Edw^d Tyng Esq^r Assist 6^th Nov^r 1679. Confes’t judgem^t against his Estate and person for the Summe of Sixty Four pounds eleven Shillings in money to bee paid unto Rich^d Buckley merch^t in full of a bill on file w^th charges.

Attests. Is^a Addington Cler

Execution issued: 11^th Nov^r 1679.

Rice Fin^d 40^s

Mary Rice of Dedham convict^d by her own confession in Court of committing Fornication and having a bastard Childe Shee chargeing Samuel Clarke of Muddy River to bee the Father of it and made Oath thereof in Court; Sentenced to bee whip’t with Fifteen Stripes or to pay Fifty Shillings in money fine to the County and fees of Court standing committ^d &c^a Afterwards upon petition The Court remitt^d ten Shillings of the Fine. [618]

Clarke Sent^a

Samuel Clarke of Muddy River being charged by Mary Rice to bee the Father of a Bastard Childe late born of her body of which Shee made Oath in Court. The Court declare him to bee the reputed Father of s^d Child according to Law, And Order him to pay two Shillings six pence in money per weeke to s^d Rice towards the maintenance of s^d Child from the time of its birth untill the Court take further order standing committed untill hee give Security for performance of this order and pay fees of Court: Accordingly s^d Sam^ll Clarke principall in twenty pounds, and Sam^ll Garey and Iames Clarke his Sureties in twenty pounds acknowledged themselves bound in Court to the Treasuro^r of the County of Suffolke in the Summes afores^d for s^d Clarkes performance of this order.

Andrews his Estate Setled

For Setlement of the Estate left by Iohn Andrews late of Boston Cooper dece^d intestate amounting by Inventory to Seventy three pounds Five Shillings cleer Estate: Jt’s Ordered that it bee thus divided and proportioned between Hanna his Relict widdow & his eight Children, Namely Five pounds to his eldest Son and Fifty Shillings apeice to the other Seven Children to bee paid unto them as they attain their respective ages of twenty one yeares, And the whole remaining Estate is Setled upon Hannah his Relict and her heires forever.

Davis Sent^a

Thomas Davis of Medfeild convicted in Court by his own confession of Stealing a pair of blew drawers &c^a from Hannah Manning widdow, and having formerly been convicted of the like and other Crimes; is Sentenc^d to bee whip’t with Fifteen Stripes and to pay unto the widdow Manning Fifteen Shillings money being treble damages according to Law and fees of Court and prison standing committ^d &c^a And order that forthw^th upon his discharge hee depart the Town of Boston and return not again under the penalty of being forthw^th apprehended & whip’t

[Thomas Davis and John Egerton are described as “incorrigible theeves” in Records of the Court of Assistants, i. 189. For their “threatning if loose to burne the Towne” that Court ordered them to be taken out of prison, whipped twenty stripes, and then returned to confinement. A deposition in that case is in S. F. 24623:

The Deposition of John hill aged about 40 years or thereabouts and John Roberts aged about 27 yeares or thereabouts testifieth and saith that being in the prison betwixt nine and tenne of the Clock att night the 18^th of this instant we heard two men both sweare and curse and use many Violent and threatening expressions severall times we asked M^rs Earle who they were that were in the Dungeon She replied and said they were Thomas Davis and John Egerton and further we testifie that being in prison Richard stone asked the abouesaid prisoners what chear. Thomas Davis said never the better: for you why said Stone are you ever the worse for mee then Egerton replied and said J am never the worse for noe body but for the Governour: and Councill or Governour and Magestrates & further saith not

[See Edgerton’s sentence, below p. 1157.]

Mitchleson Sent^a

Mary Mitchleson convicted in Court by her own confession of committing Fornicatⁿ and having a Bastard Child; which upon the first discovery thereof Shee laid unto her master Thomas Gardner jun^r of Muddy River, but afterwards charged one Iohn Hudson to bee the Father of s^d Child, and still affirming the same. Sentenc^d to bee forthwith severely whip’t with twenty Stripes and to pay fees of Court.

Gardner his discharge

Thomas Gardner junio^r bound over to this Court to Answer the Accusation of Mary Mitchleson as being the Father of a bastard Childe begotten on her body. The s^d Gardner appearing together with the s^d Mitchleson, Shee having since Fathered the s^d Child upon one Iohn Hudson, and now held Stedfast to the same, tho would not cleere s^d Gardner from having too much familiarity w^th her: Upon consideration whereof and Testimony produced on behalfe of s^d Gardner as to his good conversation The Court Acquit him of being the reputed Father of s^d Childe and dismiss him upon paying the charge of prosecution.

Hudson dismis’t upon his own bond

Iohn Hudson being charged by Mary Mitchleson of being the Father of a bastard Child late begotten & born of her body, Shee having formerly accused another person to bee the Father And the Court not having sufficient proofe at pu^rsent to adjudge him to bee the reputed Father of s^d Childe, dismiss him the prison upon paying his Fees, hee giving his bond of Forty pounds for his appearance at the next Court of y^e County [619]

Harris his Charge

Charles Harris privateer committ^d to prison and charged for Stealing great quantities of gold Iewells &c^a out of Cap^tn Lemoign’s Ship the Griffin and prosecuted for the same by m^r Tailer & m^r Wharton The other privateers who they Summonsed to evidence in the case, some of them appeared and others not The Evidences produced falling short of a conviction The Court with consent of m^r Tailer and m^r Wharton discharge the s^d Harris from prison and order him forthw^th to depart the Town & Colony.

Owen Ordered to depart from Boston

Thomas Owen being imprison^d on Suspicion of Attempting to fire the house of Ioshua Nash in Boston: The Evidences produced concerning it falling short of a conviction; but severall testimonies comming in against him of being a very vicious ill disposed person The Court Order that upon paying his charges bee dismis’t the prison, and that hee do immediatly depart the Town of Boston and not to return again within ten miles of s^d Town without leave from the County Court under the penalty of being forthwith apprehended by the Constable imprisoned and whip’t with twenty Stripes.

Bacon Fin^d 10^s & Admonish^t

Frances Bacon convict^d in Court by her own confession of prophane Swearing, being as Shee saith provoked. Sentenced to pay ten Shillings in money fine to the County to bee admonish’t and pay fees of Court standing committ^d &c^a

Hopkin & Goss Fin^d

William Hopkin and Phillip Goss of Roxbury being complained of by Sarah Bradbrooke for abuseing and beating of her &c On a full hearing of the case, The Court Sentenc^d the s^d Hopkin & Goss to pay Five Shillings apeice in money as a fine to the County Five Shillings apeice in money to s^d Bradbrooke, Five Shillings between them charges of prosecution & fees of Court standing committ^d &c^a

Indicott Sent^a

John Indicott being presented by the Grandjury for Selling of Liquor contrary to Law; Upon consideration of the Evidence produced together with his own Acknowledgem^t The Court Sentenc^d him to pay Five pounds in money fine to the County and fees of Court; s^d Iohn Indicot appealed from this Sentence unto the next Court of Assistants & put in Security for prosecution of his Appeale to effect.

[There is on file in S. F. 1811.2 a deposition by John Breck, 8 Nov., 1679, as to receiving from Endicott “two parcels of strong Liquo^rs about three gallons at both times, for which hee paid him some small matter afterwards.” “Jn^o Jndicott,” continues the record, “own^d in Court at the same time that hee deliu^rd Liquo^rs unto Jn^o Breck, but said hee was never p^d for it.”

John Endicott was a member of the jury of the Court of Assistants (Records, i. 155, cf. 153), before which he came as plaintiff on appeal. He was allowed to make his plea to the remaining eleven jurors, who found him “not guilty of matter of fact.”]

Robbinson Fin^d

Solomon Robinson bound over to this Court to answer the complaint of William Coleman for casting ballast in to the Channell or places inconvenient, and not appearing upon due calling: The Court declared the bond given for his appearance to bee forfit^d And upon the merit of the case, do adjudge him and his Sureties to pay ten pounds in money as a fine to the County according to Law, out of the Forfiture of their bond, and charges of prosecution and fees of Court m^r Anth^o Checkley and Daniel Turill jun^r Sureties for s^d Robinson being present at the declaring of this Iudgem^t appealed therefrom unto the next Court of Assistants and put in Security for prosecution of s^d Appeale to effect. [620]

Smith Admonish’t

Thomas Smith Sen^r having been imprisoned some considerable time untill this Court for his drunkenness. The Court Sentenc^d him to bee admonisht and to pay his fees and dismis’t him upon his good behaviour.

[Smith apparently had been in jail for two years, according to the endorsement on the document that follows (S. F. 1636.2):

The testymony of Brime morfee Aiged sixty yeares or ther Abouts testyfieth and sayeth that liuing in the hous with John Laingburys wife haue [seene] Thomas smith very often frequent this Laingbu[rys] hous in kiping her Company allsoe once the said smith wife Came to Call her husband away the said Laingburys wife tooke up the broume to beeat her out of dores

Margret morfee testyfieth to the same

the deposion of John Bradish aged about 31 yeares testifyeth and saith that liveing neare the house of thomas smith shipwrite hath often senne & heard his disorderly liveing following a corse of drukeness & madness in abuseing of his famely and naibors in turning his wife and children out of dores in soe much y^t his wife often Complaines she is in feare of her life and is not able to abide along with him & hath often saide she must Complaine to athority for some corse to be taken with him;

[Or]dered that Thomas smith be Committed to the house of Correction & kept at worke E R S

[Endorsed:]

Tho. Smith Comitted to y^e house of Correction

8^th Sept — 77.

S. F. 1636.1

To the Hono^rble John Leverett Esq^r Gov^r with the Worp^ll Magistrates.

Elisabeth Smith wife of Thomas Smith humbly Sheweth That whereas her s^d husband Thomas Smith is now called before yo^r Hono^ra to answer for drunkenness and keeping company w^th another woman; Jt is no small greife of heart to yo^r petition^r, that there is so much just occasion of complaining against him for his excessive drinking, for which hee hath severall times and that very lately suffered the law; hee being aged and weake and a man much given to passion that a small matter doth distemper him; But as to his accusation for keeping company with any other woman; true in former yeares hee was called to an acco^t by authority for such a misdemeano^r but yo^r petition^r hath not of late known or heard the least cause for a complaint of that nature ag^t him though Shee hath been as diligent and observant as might bee to finde out his haunts and waies; differences have been between him and her Sons in law; which may not sometime have been without provocation on theire part which have proved very uncomfortable.

Shee humbly prayes yo^r Hono^rs to consider him with respect to his yeares, his temper and temptation and Shew him what favo^r may bee consistent w^th justice which shall alwaies bee acknowledged by yo^r Sorrowfull afflicted petition^r

Elisabeth Smith]

Platts Sent^a

Iudith Platts convicted by her own confession in Court of being with Childe in Fornication. Sentenced to bee severely whip’t w^th ten Stripes and to pay fees of Court standing committ^d.&c^a

Tailor &c^a to Alford

m^r William Tailer, John Scarlet and Cap^tn Elisha Hutchinson Adm^rs of the Estate of m^r Free Grace Bendall dece^d appearing in Court Nov^r 8. 1679. confessed judgement ag^t the s^d Estate in their hands unto Benjamin Alford for the Summe of Five pounds in money remaining due upon a bond.

Js^a Addington Cler.

The Court Adjourned from Saturday. 8^th to Thursday 13^th Nov^r at nine a clock.

13^th Novemb^r A^o 1679.

The Court met by Adjournm^t

Present

S: Bradstreet Esq^r Go^r
Edw^d Tyng Esq^r Ass^t
Joseph Dudley Esq^r Ass^t

Snelling his Estate divided

For a Setlement of the whole Estate of William Snelling and Margaret his wife late of Boston dece^d intestate, there being no Surviving issue of that bed (just debts Funerall expences and charges upon the onely Childe of s^d Snelling after their death whils’t it lived and charges of its buriall being paid & discharged) Jt’s Ordered that the remaining Estate bee equally proportioned between Ann Davenport in right of her Brother Snelling, and William Rogers Son of s^d Margaret in right of his Mother, the s^d Rogers his halfe to bee paid unto Cap^tn Thomas Fiske and Thomas Patch his Guardians, together with y^e portion assigned him out of his Father Rogers his Estate: Ann Davenport produceing a L^re of Attourny from her husband Francis Davenport appealed from this Order or Setlem^t unto y^e next Court of Assist^s & put in Security for prosecution thereof to Effect.

[See Rogers his Estate Settled, above, p. 779, and Fiske v. Rawson, above, p. 1084. Ann Davenport, as attorney to Francis, appealed to the Court of Assistants, which dismissed the case because the appeal was not signed with her name. Patch and Fiske had pointed that out in their answer (S. F. 28803), quoting the General Laws and Liberties (1672 ed.), p. 4, to the effect that the party Appealing should do so “under his own or his Atturnies hand.” The case was later reviewed; see below, p. 1167.]

Legg Fin^d 40^s

Samuel Legg bound over to this Court to answer the complaint of Constable Gilbert for affronting and offering violence to him and takeing a warrant from him: the s^d Legg being called did not appear, whereupon the Court declared his bond forfited; but afterwards appearing, upon hearing of the case, The Court Sentenced s^d Legg to pay Forty Shillings money fine to the County, twenty Shillings to Constable Gilbert and charges of prosecution with fees of Court upon payment whereof the Forfiture of his bond is remitt^d

The Court Adjourned to Thursday 20^th instant at eight a clock. [621]

20^th Novemb^r 1679.

The Court met by Adjournm^t

Douglas his Estate Setled

Jt being represented to this Court that Thomas Douglas late of Boston Marriner dece^d appointed Hannah his wife sole Exec^x of his last will & therein bequeathed his Estate unto his s^d wife and the Childe or Children by him begotten on her body, the s^d Hannah soon after dyed intestate, leaving one Son named Tho: Douglas, w^ch Son also dyed in his Childhood, and there being no Surviving issue of that bed Jt’s Ordered that the Estate left by the s^d Tho: and Hannah Douglas bee thus Setled and aportioned. Viz^t one halfe thereof upon the Children of Eliphalet Hitt in right of s^d Tho: Douglas their Mothers brother, and the other halfe upon the heire or heires of m^r Paddy in right of the s^d Hannah: Cap^tn Daniel Henchman Guardian to s^d Hitts appealed from this order unto the next Court of Assistants and put in Security for prosecution thereof to effect.

[S. F. 1834.4

Boston March 2^d 1679

To the Hono^rd Court of Assistants now sitting.

Daniel Henchman on behalf of himself and Richard Woody, as Gaurdians to the five Children of Ann Hett sister to Thomas Douglas sen^r Their Reasons of Appeal from the Hon^rd County Court held at Boston by Adjournment Novemb^r 20^th 1679. in the Case relating to the Estate of sd Douglas being all claimed by sd Guardians and half thereof is settled by sd Court on the Heir of M^r Paddy in right of Hannah the Widdow of sd Douglas

1. Jnheritances pas but one way to the Kindred of the father or the Mother not to both, and this Rule holds in other Jnheritances than Lands or Tenements, Likewise the blood of the part of the father is more worthy and neerer in judgment of Law then that of the Mother. Cook on Littleton Lib. 1. chap. 1. f^o 12.13. And our Law Tit. Wills, Sect: 2. saith the next of kinn shall inherit, besides o^r first Law saith, where there is no expres Law, the Word of God shall determine, and that Numb. 27. 11 passeth the Jnheritance to the Fathers kindred, whence we conceive sd Hetts (being the next of kinn, on the fathers side) are Heirs to all sd Estate. And that Nathaniel Paddy (the only Brother of Hannah the Widdow of sd Douglas) that claimeth half sd Estate, being neither next of kinn or of the blood of the Douglasses, hath no right to any part thereof.

2. The Legacies given by sd Douglas are to his Relations without any respect to the Paddys, And the Estate given to his wife & child or children is to them all as Douglasses, & so to be improved, Which disposition necessaryly implys a Survivor, for had there bin children; the divission of the Estate had bin in thirds; but there being only one child it was in halves; And when the Mother dyed, the Estate was the entire right of Thomas Douglas her son, as sole Heir & Survivor, & who was by Administrators possest thereof

3. Although Young Douglass dyed a child & so without an Heir, yet dyed he not without an Estate, & that is not destitute of Heirs, which we with submission apprehend the sd Hetts to be: but whether it shall Center on the kindred of the Father or the Mother is what rests with the Wisdom of this Hon^rd Court; We also add that sd estate was sd Douglases before he maried sd Hannah, and he died with in about eighten moneth after; besides her portion or the greatest part of it which should have ben pd to her husband in Right of marriage, is possesed by sd Paddies

D Henchman for him selfe & Richard Woody

Despite this appeal to three kinds of law, the higher court was not impressed, and confirmed the settlement of the County Court (Records of Court of Assistants, i. 153). A copy of Thomas Douglas’s will is in S. F. 1834.3.]

Davenport his Estate Ordered

For Setlement of the Estate of Eleazer Davenport late of Boston Marrin^r dece^d intestate being Six hundred pounds cleer Estate, Jt is Ordered that it bee thus proportioned between Rebecca his Relict Widdow and his two Children. Viz^t two hundred pounds thereof is Setled upon and assigned unto the s^d Rebecca, Widdow her heires and Assignes in leiu of all dowre and thirds, for her own maintenance and education of her Children: the remaining Four hundred pounds is Setled upon the two Children of s^d Eleazer Viz^t; two hundred Sixty Six pounds thirteen Shillings and four pence to Addington Davenport his onely Son, and One hundred thirty three pounds six Shillings eight pence to Rebecca his onely daughter, and that the Son have the house and Land at his choice in payment of his portion.

Matthews Fin^d 10^s

Daniel Matthews was fined ten Shillings for neglect of his appearance before the Court this day according to order And ordered a warrant to issue forth for his appearance before the Magistrates upon thursday next. 27^o instant.

Matthews his Estate order^d

At a County Court held at Boston by Adjournm^t 20^th Nov^r 1679. and this matter referred to. 27. instant and then.

Ordered that the Estate of David Matthews dece^d intestate lying within this Colony bee thus proportioned and Setled, his Bro^r Daniel Matthews to enjoy the whole Estate of what was found here amounting to Fifty pounds, hee paying thereout unto his Sister Margaret Matthews Fifteen pounds money, leaving what Estate is lying at Block Jsland to after consideration.

Calley to Shrimpton

Joseph Calley of Boston Marrin^r personally appearing before Simon Bradstreet Esq^r Gov^r and Edw^d Tyng Esq^r Assist. 29. Nov^r 1679. and confessed judgem^t against his Estate and person unto Samuel Shrimpton Merch^t for Fifty four pounds two Shillings six pence to bee paid in money in full of the Condicion of a bond on file w^th interest and costs.

Attests. Js^a Addington Cler.

Executⁿ issued pr^o x^br 1679. [622]

1 Don C. Seitz, editor, The Tryal of William Penn and William Mead for Causing a Tumult. Boston, 1919. Cf. New England Quarterly, v. 812–818.

2 Green Spring, the seat of Governor Sir William Berkeley, of Virginia.

3 Pages 323–327 are blank.

4 Ingermann Helgison, obviously of Scandinavian origin.

5 Supplementary law of 1675, p. 220 of the 1887 reprint.

6 Supplementary law, October, 1675. See Whitmore’s Laws (1672–86), p. 234.

7 Supplementary Law, May, 1672, p. 201 of the 1887 reprint.

8 The clerk (not Addington) who appears to have drawn up and signed this document gave evidence of being in a playful mood, in that the ornate flourish on the “J” of “Jsaac” in the signature takes the unmistakable form of a human head in profile.

9 The General Laws of the Massachusetts Colony (1672), pp. 97–8.

10 In the English Court of Chancery this contract would have given Payton an equitable interest in the land which would have descended to the Payton children, and have enabled them to obtain legal title on completing the payment of the purchase price. Bullis does not discuss this possibility, and perhaps this equitable doctrine was ignored in the Colony.

11 The existence of fraud on creditors was a strong motive for the introduction of the recording system; see the preamble to title “Conveyances, Deeds and Writings” in the General Laws and Liberties of 1672.

12 Rupture, hernia.

13 See Records of Massachusetts Bay, v. 191–194.

14 Page 545 is blank

15 Probably the place which appears elsewhere in these records as Treice, i. e., Tres Puntas, in the Bay of Campeachy.

16 Cf. Fayerweather, Tyng, & Co. v. Barker, below, p. 1107.

17 Marginal note opposite these four reasons: “Testes Adam Dunkin: and Judah Nuby.”

18 Records of Massachusetts Bay, v. 121.

19 There had been litigation between Clarke as administrator and Goodwife Garfield in 1671. The latter had the use of part of her son’s estate till her death. See the numerous papers bearing on this point in S. F. 2997 and S. F. 162105.

20 A reference to S. F. 2997.30, twice quoted above, which is signed by John Grosvenor and Uriah Clarke.

21 This case should follow Rose v. Young, p. 270, above.

At a County Court held at Boston by Adjourmt of the Generall Court from. 28th October, unto the 4th Novembr 1679. and then Set.

Present

Jury of Tryals Sworn

Forster v. Roundall

Willys conta Baker

Man conta Hews

Thayer conta Stoddard

Elyott conta Kent

Walter conta Giffard

Baxter conta Egerton

Sanford conta Hubbard

Clarke &ca conta Baker

Ofeild conta Vittroy &ca

Taffe conta Comer

Beisco conta Brisco

Butler conta Thacher

Carter conta Pelton

Hollett &ca conta Pelton

Goss conta Pelton

Paige conta Woodbridge

Keen conta Matthews

Keen conta Dafforne

Keen conta Lewis

Browne conta Martin

Iay conta Hobart

Clarke conta Holmes

Paige conta West

Leitchfeild conta Badcock

Lamb conta Williams

Thacher conta Thacher

Fiske &ca conta Rawson

Saffin conta Alborough

Harris conta Yeales

Harris conta Yeales

Pratt conta Weeden

Smith conta Egerton

Kent &ca conta Knight

Sheafe conta Salter

Watts conta Gover

Beament conta Welden

Danson conta Eliott

Buckley conta Butler

Leverett conta Knight

Clowter conta Peck

Mills conta Sise

Whetcombe conta Townsend

Whetcombe conta Ellis &ca

Shrimpton conta Hudson

Peck conta Clowter

Hill conta Obbinson

Keen conta Johnson

Williams conta Greene

Holton to Byfeild

Thayer his Estate ordered

Burnell ordered a Dowry

Freemen Sworn

Bolter his Estate Setled

Butler to Buckley

Rice Find 40s

Clarke Senta

Andrews his Estate Setled

Davis Senta

Mitchleson Senta

Gardner his discharge

Hudson dismis’t upon his own bond

Harris his Charge

Owen Ordered to depart from Boston

Bacon Find 10s & Admonisht

Hopkin & Goss Find

Indicott Senta

Robbinson Find

Smith Admonish’t

Platts Senta

Tailor &ca to Alford

Present

Snelling his Estate divided

Legg Find 40s

Douglas his Estate Setled

Davenport his Estate Ordered

Matthews Find 10s

At a County Court held at Boston by Adjourm^t of the Generall Court from. 28^th October, unto the 4^th Novemb^r 1679. and then Set.

Willys cont^a Baker

Man cont^a Hews

Thayer cont^a Stoddard

Elyott cont^a Kent

Walter cont^a Giffard

Baxter cont^a Egerton

Sanford cont^a Hubbard

Clarke &c^a cont^a Baker

Ofeild cont^a Vittroy &c^a

Taffe cont^a Comer

Beisco cont^a Brisco

Butler cont^a Thacher

Carter cont^a Pelton

Hollett &c^a cont^a Pelton

Goss cont^a Pelton

Paige cont^a Woodbridge

Keen cont^a Matthews

Keen cont^a Dafforne

Keen cont^a Lewis

Browne cont^a Martin

Iay cont^a Hobart

Clarke cont^a Holmes

Paige cont^a West

Leitchfeild cont^a Badcock

Lamb cont^a Williams

Thacher cont^a Thacher

Fiske &c^a cont^a Rawson

Saffin cont^a Alborough

Harris cont^a Yeales

Harris cont^a Yeales

Pratt cont^a Weeden

Smith cont^a Egerton

Kent &c^a cont^a Knight

Sheafe cont^a Salter

Watts cont^a Gover

Beament cont^a Welden

Danson cont^a Eliott

Buckley cont^a Butler

Leverett cont^a Knight

Clowter cont^a Peck

Mills cont^a Sise

Whetcombe cont^a Townsend

Whetcombe cont^a Ellis &c^a

Shrimpton cont^a Hudson

Peck cont^a Clowter

Hill cont^a Obbinson

Keen cont^a Johnson

Williams cont^a Greene

Rice Fin^d 40^s

Clarke Sent^a

Davis Sent^a

Mitchleson Sent^a

Bacon Fin^d 10^s & Admonish^t

Hopkin & Goss Fin^d

Indicott Sent^a

Robbinson Fin^d

Platts Sent^a

Tailor &c^a to Alford

Legg Fin^d 40^s

Matthews Fin^d 10^s

Matthews his Estate order^d