S. F. 1828.15

Richard Foxwell declareth

That whereas our honnored Governo^r and Councell were pleased to Send into these parts, a Company of Souldiers for defence against the Common enimy, the Jndians, and under the Command of Cap^t Scottow which were imployed vpon his owne occasions, rather then the Countrys good, for that when the Jndians were faceing us, killing vs, and burning our houses, wee Could have no helpes from the Said Scottow, notwithstanding the Souldiers were willing, J applyed my Selfe to Cap^t Winckol being here at my house, and Seeing the Jndians above my house and abiding here a fortnight or thereabouts, desiring him to goe out with his Company, his answer was he had [no power] without [m^r] Scottow doe graunt him a Commission, which with my vrging did goe downe to the Said Cap^t Scottow, with an intent, to Come vp againe Speedily but did not returne in one or two dayes, Sometimes, as for my perticuler garrison, J often went to Captaine Scottow for men and amunition, but Could gett none, although J had little powder in the garrison and the townes Store was spent, but hearing of the Challenge of the Jndians, to fight Cap^t Winckoll, being at Andrew Browns with his Company, and the Jndians on the other Side of the river faceing of them J urged Cap^t Scottow about them, telling him what a Scandall it would be to our nation, for us to neglect to answer our enemy vpon their Challenge, with Such like words, wherevpon he Said he would graunt a Commission, and if J would Carry it vp to Cap^t Wincoll, whereupon J told him J would goe to the Stage, advising him to gett it Speedily ready against J Came back, but when J Came back J found him vpon his owne occasions and no Commission writt, My request is to this Worp^ll Committee that they do Send out your Summons, for Nicholas Frost and Edward Small, to give in their testimonies, of what they know Concerning the Jndians Challenge, and what they know about it and whether m^r Scottow was acquainted with it or no, for he did Seemingly deny the knowlidg thereof, when J wen^t for a Commission J haue delivered my papers, to m^r Gendall concerning my accounts and what they have done about them, J know not, but if J had Charged to the full it would appeare that what J have charged is not the third part of what Jam out,

Your Servant

Richard Foxwell

M^r Rishworth. J pray faile me not, to doe your endeavor, to putt an issue to my business, for J have taken a hurt of late, which J doubt will shorten my time.

That this is a true Coppie taken and Compared word for word with its origina[ll] left in the Generall Courts file October 1676 Attests

Edward Rawson Secret

Vera Copia attest^r Js^a Addington Cler

S. F. 1828.18

The Deposition of John Purrington, aged about 44 year[es] maketh Oath, that being at Saco, about 3 weeks after Cap^t Winckoll had a fight with the Jndians, neere black pointe, where there was nine English men killed, vpon the Sands this deponent heard Severall men that were Souldiers, belonging to m^r Joshua Scottows garrison, declare and affirme that they and a Conciderable Company of men, with them, would have Sallied out for the releife of Cap^t Winckoll, and them men which were Slaine, Seeing them engaged with the enimie, but they Said M^r Scottow would not Suffer them, but Charge them vpon their perrill to keepe the garrison, and further Saith not

Taken vpon Oath, the 16^th January 1679 before mee

Sam^ll Wheelwright Associat

Vera Copia Attest^r Js^a Addington Cler

The deposition of Thomas Cousens, aged about 30 yeares, maketh Oath, that being with Cap^t Winckoll, when he was ingaged with the Jndians neere Blackpointe, and faire within Sight of the garrison, Cap^t Winckoll Sent two men to m^r Scottow, for Some releife, being then likely to have bene overthrowne, by the enimy; but the Said Scottow would not Send any help to vs, he had at that time vpward of forty men, in his garrison, but from M^r Foxwels garrison, which was as farr from us as m^r Scottows garrison was, we had five men which did us a great pleasure and they left but two men in the garrison, which if we had had releife from m^r Scottows garrison, in an ordinary way with gods blessing, we might haue given the enimye a great overthrow, and after the fight was over, this deponent went to m^r Scottows garrison, and heard the Souldiers generally Say, that they See Cap^t Winckoll ingaged with the enimy, and would haue gone to have releived them, but m^r Scottow would not Suffer them, but Charged them to keepe the garrison, and further this deponent Saith that it was generally reported at Blackpoint, that in theire great distress they Could have no help, from m^r Scotto[ws] garrison, he being the Commander thereof, and further Saith not,

Taken vpon Oath the 16^th January 1679

before me Sam^ll Wheelwright Commiss^r

Vera Copia attest^r Js^a Addington Cler.

S. F. 1828.10

The deposition of John Edgcom, aged 26. yeares or there abouts, Saith, that having occasion, to goe to Blackpointe to m^r Scottows garrison, when that he had the Country Souldiers from Boston, there he Saw Some of the Souldiers imployed about Cutting of pallisadoes for the Said Scottows garrison, one a paving of his yard others of them imployed in picking vp of Stones, for the pavement of the yard, At another time the Said Scottow Jmployed the Country Souldiers in in removing of his barne, this deponent having occasion Severall times to goe by m^r Scottows garrison, Saw the Said Scottow traine his Souldiers vpon the hill where his barne now Standeth but never did See nor heare that he did goe out with them, vpon any publick Service, any further then to the Said hill, and So to returne with them to the garrison againe and further Saith not

Taken vpon Oath this 20^th of Jan. 1679 before mee

Sam^ll Wheelwright Associat.

Vera Copia Attest^r Js^a Addington Cler

S. F. 1828.17

Henry Williams, aged fourty three yeares or thereabout Sworne Saith That he this deponent was wounded by the heathen, on the 10^th of (8^ber): 1675, and was brought for Cure to Blackpoint by water vpon the 13^th ditto, and Coming did See the Smoake and heare noyse of guns, vpon Saco Sands, which was the day that Saco men, nine of them were killed, vpon the Sands and also Some of Cap^t Winckols men, at which time Cap^t Scottow had not one Souldier Come from Boston, it being a weeke after, before any Boston Souldier came to Blackpointe, and also at the Same time, there were men Sent over to releive them which were Sent from Blackpointe, and to the best of his vnderStanding, Said Scottow Sent them, he being a wounded man, was not out of doores, to See the motions there, also that he: who was Sent to Command that party, being named, Ralph Allanson, informed him, vpon his returne, that they having two rivers to passe and the tide, being about three parts in, they Could not Come to their timely releife, and further Saith not,

Sworn in Court 28^o Janur^o 79

Attests J: Addington: C

Vera Copia Attest^r Js^a Addington Cler

S. F. 1828.14

These may Certifye whome it may Concerne that my Selfe being appointed and impowered by the generall Court, to to looke after & inspect the affaires of Yorkeshire in refference to the Militia there and in the time of the warr, with the Jndians, had Severall orders, Sent for the Governor & Councill and Sometimes from the Major Generall, to Jmpresse Souldiers, for the Strengthening of the Severall garrisons, as the necessity of the places did Call for, and in perticuler to Blackpointe, and Sometimes when Souldiers were ready to march, they Said they had as willingly bee hanged, as goe to be under Cap^t Scottow, and Severall rann away, and would not goe, which was after he had bene Complained of at the generall Court, likewise in the County Court in Yorkshire m^r Stoughton being there, Severall Complaints were brought in, and J there did vindicate him what was Just, and nothing Could be charged vpon him legally, but as rumors and reproaches, Witness my hand, this 15^th September 1679

Richard Waldron Serg^t major

Vera Copia Attest^r Js^a Addington Cler.

S. F. 1828.20

Anthony Row aged 40 yeares, or thereabouts, Sworne Saith That he often told m^r Scottow, that if he left Blackpointe the place would be vndone, for want of Command and Rule Jn case that it should be Sett vpon, & also as farr as he Can Judge had m^r Scottow bene there, the place had not bene So vnworthily deliuered vp, but that Scottow would have had men enough Stand by him to haue defended the place & further Saith not

Taken vpon Oath by the abouenamed Anthony Row 2^d Nov^r 1676

Before me John Leverett Govo^r

S. F. 1828.21

Edward Hownsell aged 26 yeares or thereabouts Sworne Saith.

That he was at Black pointe garrison, being m^r Scottows house when Mog the Jndian Came to demaund it, m^r Josslin & Mog had a treaty togeather, the result of it he doth not know, but he heard Mog & the other Jndians Say, that they would do no hurt to the English, but that they had all of them liberty to Carry offe what they had that day untill next morning Sunrise, and they made good their word for they did no hurt, to the English there, nor hindered any from Carrying away what they had that he Saw, the time when this was done was Soone after, Said Scottows going from Blackpointe to Boston to answer what was laid to his charge by Some of the County, at the Same time Said Scottow had a Shallop, and two Servants of his own at Blackpointe, and might haue Carried offe his goods there as well as any other of the towne, had he bene there, to haue managed the Same and he doth also in his Conscience beleiue, had Scottow bene there the house would not haue bene deliuered vp, being Soe fortifyed, and having Eleven Country Souldiers, and forty or fifty inhabitants there at Same time, there was neer a barrel of powder deliuered vp to the Jndians, & further Saith, that the Same Summer, there was Carried off great quantity of living & dead Cattle, Shipt Some for Piscataque & for other parts, Some vessels Coming divers [times torn] lade with provisions, & Cattle, & further Saith not, Taken vpon Oath: 1^o December 1679 in Boston

Before me Humphry Davie assist

. . . true Coppie . . . Hum: Davie assist

John Vicars testifieth to the truth of what is aboue, except what relateth to Mog & the other Jndians, that they Said that they would do no hurt to the English, nor did he See the powder deliuered vp to the Jndians, but heard it was deliuered to them

John Vicars made Oath to the foure last lines in the [torn] before me

Anthony Stoddard Comiss^r

S. F. 1828.11

1676

The Perticulers abouementioned, J doe attest for the Substance of them to be left by my master Scottow in the Garrison, at Blackpointe, & warehouse & were lost, and the account of the goods left in this Shop & delivered to me in the yeare 1676 J wrote it with my own hand, the hides abovementioned, & Some Small perticulers of household goods in his house, J am not So fully Sattisfyed about, Witness my hand, Blackpointe March 28: 1678

Nathaniel Willet

Nathaniel Willett owned this attest, and made Oath unto it the 28 March 1678 Before mee

Josh: Scottow Commiss^r for York

Josh: Scottow:

Erro^re Excepted.

Sworn in Court pr^o May 1678 by Cap^t Joshua Scottow, to be a Just and true account, being Compared with his booke

as attests Js^a Addington Cler

. . . true Coppie . . . Js^a Addington Cler

S. F. 1828.3

The declaration of Joshua Scottow Plaintiffe against Nicholas Shapleigh, Edward Rishworth, and Samuel Wheelwright, or against any or all of them To the honorable County Court & Jury Sitting in Boston, this 27^th of January 1679

Gentlemen to give you as little trouble as J Can breifly, that which my Case calls me to declare, and requests your attention to Concider of and determine is

first not whether any dammages shall bee paid me or no, Nor 2^d whether the parties Sued at present, be the propper debtors for that which J now Sue them, for, for the generall Courts Judgment in this Case [hath] resolued both those questions, first that dammages Shall be allowed to mee, and that also by the Defend^ts now Sued, what the Generall Court hath putt out of question, Cannot therefore be the question, for me to Speake to or the Court to Concider,

2^dly affirmatiuely, That my worke to declare, and the Court & Jurys to Concider of is, only what the defendants ought to pay me, as Just dammages Sustained by me from them, That they haue damnifyed me the generall Court hath Judged already, what they haue damnified me is presented to the present Court & Jury to determine.

for manifesting what my dammages are, J request the reccord of what the defendants Lay to my Charge at the Generall Court may be read, which J here present, and 2^dly, that the Courts Judgments, in the Same Case, after all parties heard may be read also, the reccord of which also, J present to the Court & Jurys Concideration, first they Charge me with Jmproving the Countrys Souldiers, on my owne perticuler occasions, and neglecting the Service of the County thereby endeavoring to putt the Charge of those Souldiers vpon my Selfe, yet though the generall Court hath acquitted me from those Charges,18 as vnjustly laid vpon me, and have declared my faithfulnesse in the trust Committed to me, and haue ordered the County to pay me my disbursments, and my accusers and now defendants to pay my Costs of Court, which they vallued at 9^l: 13^s: 8^d, which Costs the complainers haue Jointly paid, and the Said generall Court Judging my accusers, and now defendants, to pay my dammages also Sustained but not determining how much dammages Should be allowed mee because it was not then determinable, my great dammage arrising from my being drawne from my garrison, to answer their Complaints against me at the generall Court, at which time tidings Came of the rendring of my garrison, to the Jndians upon articles, and So Could not then know what dammages to plead, but the Generall Court having already Judged, that my accusers, and now defendants Should pay my dammage[s] as being the Causes of them, and time having now brought truth to light J declare as followeth,

first, J might and doe Justly Charge them, with dammage done to my reputation, as the reccord of their Charge against me to the [Gener]all Court with the reccord of the Courts Judgment, proues, togeather with Major Waldons testimony

And 2^dly Though J might Charge them with dammages Sustained by the heathen in Common with others, by meanes of my absence from Black point, and also all that my Charge of about 40^l to regaine my house, which J purposely decline, as not willing to aggrivate their Charge, But 3^dly, This J must also Charge them with, that when my garrison was rendred vp to the Jndians vpon articles, at that time when J was forced thence to Boston, to answer their Complaints if my presence at Blackpoint, Could not haue repulsed the Jndians as they did that kept the forte afterwards, and So haue Saued my Selfe and others from the dammage that was Sustained by the Surrender, yet this is out of peradventure, that J having two Shallops and Some men of my owne at the fort J might haue Carried away my houshold goods, and merchandizes from my warehouse, which J wholy lost, to the vallue of 205^l as my accounts attested unto prove, which J here present to the Court & Jury, all men there having a liberty by articles, with the Jndians, for a Certaine time agreed vpon, for their Carrying away their goods, which the owners there did improve and Carried their goods away, as Sundry witnesses of them, that did Carry away their goods are here presented, to prove which like freedome to Carry away those goods, which here J plead dammage for, J might haue had, had J bene present, to improve it, but Could not, being then drawne to Boston, to answer their vnjust Complaints, therefore J doubt not but that the honnored Court & Jury, will See Just Cause to allow me the full dammages pleaded and proved, that by their meanes J did Sustaine

4^ly This also J must Charge them with, that by their Stopping about hundred pounds which the Courts Judgment declared, was the Countys right to pay me, and were at that time able So to doe, which they did to putt the Charge of those Souldiers vpon my Selfe, and now through delays they putt off that payment, the County is So impoverished that J Cannot gett any thinge of it to this day, wherefore J hope the Court will See Just Cause, to allow me that dammage also from them Jt being So evident, that this dammage also was procured by their means Soe as the whole aboue being Concidered, the law of god, our native Land, and this Country, Law .6. f^o (1) provide[d] for the indemnifying of every mans life, name, & Estate, all which the Defend^ts Struck at, Leaving the whole to the hono^rd Bench & Juries determination he humbly Subscribeth himselfe.

Josh: Scottow Plaint.

Vera Copia Attest^r Js^a Addington Cler.

[S. F. 1837.7

This Charter party of fraightment, Jndented, made, and Concluded the first day of January in the yeare of our Lord, One thousand Six hundred, Seventy & Seven By and Betweene Edward Tyng Jun^r and Paul Dudley of Boston in New England Merch^ts Owners of the good Catch called Mary of Boston, of the burthen of Twenty five Tons or thereabouts, now lying in the port of Boston, on the one part, and Nicholas Paige and John Poole of Boston aforesaid, merchants in the behalfe of themselves and Company, on the other part Witnesseth That the S^d Edward Tyng and Paul Dudley have and hereby do lett to fraight the hull or body of the S^d Catch with all her tackle apparrell and appurtenances vnto the S^d Nicholas Paige, John Poole and Company merch^ts and the s^d Nicholas Paige Jn^o Poole and Company have hired her for five months Certaine and five months more vncertaine for a voyage to be made with her, by gods assistance, from Boston aforesaid to Ronoake, and from thence to Berbadoes Nevis and Jamaica, or either of them, or any other of the Careebe Jslands, and So to the bay of Campeachy, and from thence to Boston aforesaid, the port of her right discharge, And the S^d Owners of the S^d Catch do hereby Covenant that the S^d Catch is, and So during the aforesaid voyage Shall bee kept Strong and Stanch, well and Sufficiently tackled & apparrilld with masts, Sailes, Saileyards anckors, Cables, boate Oares, and all oth^r Jnstruments and furniture necessary, for Such a Catch in Such a voyage Jn Concideration whereof the S^d Nicholas Paige & John Poole in the behalfe of themselues and Company, do hereby Covenant promise and graunt, to and with the S^d Owners of the S^d Catch, to pay or Cause to be paid vnto the S^d Owners, their Exec^rs, adm^rs or assignes, the full and Just Summe of Tenn pounds of Lawfull money of New England per month reckoning the month according to the Callender, and So proportionably for the odd dayes vnder the month, for the full fraight or hire of the S^d Catch, for So long time as She Shall have bene in the S^d Merchants Service, in Manner and forme following that is to Say the full fraight or hire that Shall be due at her arrivall, at her first delivering port in the Jndies, whether it be Berbadoes, Nevis Jamaica, or any other of the Careebe Jslands, is to be p^d and shall be paid within Thirty days next after Certaine Jnformation, given in Said Boston of the s^d Catches arrivall there as aforesaid, and the full remainder of the S^d fraight or hire within Twenty days next after the arrivall and discharge of the S^d Catch at Boston aforesaid the port of her right discharge, And the Said months pay is to beginne, and Shall be accounted from the Seccond day of this Jnstant January, and end when the last goods Shall be deliuered, out of the Said Catch at Boston aforesaid, the port of her right discharge, And the Said Merchants fraightors, do hereby further Covenant, well and Sufficiently to victuall and man the S^d Catch, for to performe the voyage aforementioned, and to provide a Sufficient pilott for the S^d Catch in her voyage from Boston to Ronoake, And further, that in Case the Said Catch, Shall Stand in neede of any repaire during the S^d voyage, that then the S^d Merchants fraight^rs shall and will disburse for the necessary repaire of the S^d Catch, So that She may be able to performe the voyage aforementioned, which S^d disbursments shall be Subducted out of the fraight or hire of the s^d Catch at the port of her right discharge, Summe for Summe, without allowance, And it is mutually agreed by and betwene the S^d parties to these presents, that the S^d Merchants fraightors, Shall and will pay or Cause to be paid Two third parts of all the port Charges, and the S^d Owners one Third part thereof, that Shall arrise and accrue for the S^d Catch, in the S^d voyage, And lastly for the true & reall performance and accomplishment of all and Singular the Covenants grants articles, payments and agreements, and all other things above rehearsed the s^d parties have bound, and hereby do binde, and oblige themselues their heires Exec^rs and adm^ra, each vnto the other in the penall Summe of Two hundred pounds of lawfull money of New England, well & truly to be paid, by virtue of these presents. Jn Witness whereof the partys abouenamed, to these present Charter partys, Jnterchangeably have Sett their hands and Seales, the day and yeare first abouewritten

Nich^o Paige & a Seale

John Pole & a Seale

Signed Sealed and delivered in the presence of vs (well and Sufficiently) first interlined

Edward Lilly

Jsaac Walker

John Hayward Scr

Own^d in Court 27^o Janur^o 79 by m^r Paige and m^r Pole

as attests Js^a Addington Cler

Endorsed,

Jt is Concluded and agreed vpon, betwixt Edward Tyng and Paul Dudley, owners on the one party, & m^r Nicholas Paige, m^r John Poole and Paul Dudley hirers on the other party, that the Ketch proceede to Jamaica, from this place, and from thence to the bay of Campeachy and from thence to Boston directly, foure months hire being due, to be paid at Boston, Thirty dayes after news of her arrivall at Jamaica, refference to the Charter party in other things being had, Witness hereunto our hands and Seales, this fourth of Aprill 1678 the vessel entring into pay the Seventh of January 1677

Nich^o Paige & a Seale

John Pole & a Seale

Paul Dudley & a Seale

Witness

Thomas Skinner

James Butler

Own^d in Court, 27^o Janur^o 79: by the three parties: Subscribing attests

J: Addington: C

Christopher Novemb^r y^e 11:78.

Superscribed: These for m^r John Poole and m^r Paul Dudley, Boston.

Vera Copia Attest^r Js^a Addington Cler

S. F. 1837.15

The Deposition of James Allison, aged Twenty Eight yeares or thereabouts, Testifyeth and Saith, that he being in the Jsle of Nevis in the yeare 78 that there did See Robert Lisly, and did heare him and Company Say, that all the Sailes that they had were not worth any thinge, and that they were forced for to take their bed Sacks for to mend them, and that if they had good Sailes they might have gott home, and not gone for any of the Careebe Jslands, and further I did heare the Said Lisly Say, that he was forced for to sell his Cargo for to fitt the vessell, and that it Cost him more more the hull of the vessel was worth.

Taken vpon oath, Jan^ry 27^o 16⅞⁹/₀ before

Peter Bulkly assist^t

Vera Copia Attest^r Js^a Addington Cler

Plea for penalty of Charter party

That it is neere Twenty five months, Since our ketch entred vpon their Jmployment, her pretended voyage, being from Boston to Jamaica, from thence, to the bay of Campeachy, and from thence directly for Boston according to Charter party Dated prim^o January 1677

That neere two months after, the letters of Said ketch drew a protest against the hirers, for all dammages, that might happen to Said vessell for their not putting men on board to Secure S^d Catch and furniture from all dammages, that might happen, but letting her lye in the Govorno^rs dock at Boston, with none to looke after her, their not fitting out s^d vessell in time, being wee doubt not the Occasion of her being blowne offe the Coast, when She attempted it, as hath bene the Case of other vessels,

That the ketch was every way Substantiall to performe the voyage of 5. months Certaine and 10. vncertaine appeares, by the Survayes, and other Evidences presented,

That in this time of the vessels absence, she hath made many voyages Since her vncertaine time was out, viz^t from S^t Christophers to Saltitudus, from thence to Jamaica, from thence to the Camanus, and from thence to S^t Christophers againe, wee being kept out of our money and vessell, which may rationally be accounted greater dammage, then the penalty of the Charter party, the hire of Said Katch, the time they have had her amounting to about Two hundred and fifty pounds at 10^l per month, and hath bene formerly lett at 12^l per month.

That the hirors of S^d katch Cannot make appeare, any disbursment vpon her, before the vncertaine time was out, and if they pleade for further time to discover anythinge, wee answer, Jt is about fifteen months, Since the vncertaine time was out, for the returne of our vessel which is time too much to be informed in, we are Sure to long for vs to be kept out of our due

Vera Copia attest^r J. Addington Cler

To the Hon^bl Court of Assistants, in Boston March 5. 16⅞⁹/₀.

The Petition of Nicholas Paige & Iohn Pole.

Humbly Sheweth

Wheras m^r Paul Dudly & Edward Ting Iuni^r Commenced a suit against yo^r Pet^rs and obtained Judgment at the last County Court held at Boston, to the value of Two hundred pounds, being for the forfeiture of a Bond of Charterpartie for y^e Same Summe; yo^r Pet^rs at Same Court Entreated for a Chancery of sd Bond, wherupon The sd County Court did give Judgment, that yo^r Pet^rs pay y^e said Dudly & Ting One hundred and Sixty pounds, wherin your Petition^rs humbly conceive no Chancery was granted, for, yo^r Pet^rs haveing already paid the sd Dudly & Ting Forty pounds as may appeare endorsed on y^e Charterparty, and the whole bond being but Two hundred pounds, & yo^r Pet^rs being adjudged to pay one hundred & sixty pounds more, w^ch maketh up the full bond

And Wheras the sd Dudly & Ting did at y^e sd County Court exhibit a certain paper therin rendering their pleas & reasons against a Chancery of sd bond, yo^r Pet^rs declare they never had a coppy therof, or time for an answer therto, w^ch paper yet remaines although yo^r Pet^rs words in their lust defence are forgotten

Your Pet^rs humbly conseive that the sd Dudly & Ting are the reall causes of our Breach of Charterparty, by the great defects in the Sailes & fitting out sd Vessel, for such a voyage as hath been fully proved, for the Vessell was blown off thes Coasts for want of Sailes & Suffitient Rigging, long before the time was out, they being then incapacitated to Supply her, but were forced, (to preserve lives and vessell) to bear up to the first port they could make w^ch was Nevis and ther fitt the vessell out of yo^r Pet^rs Cargo; And yo^r Pet^rs Judge y^t that Clause wherin wee were bound to supply her with Necessaries out of our Cargo, the sd Dudly & Ting allowing our disbursts out of the hyre, was that w^ch Cast us; they makeing it their plea, that her time was out before She came to Nevis, and Say wee shall never recover our disbursts w^ch as yet wee are uncapable to prove. And wheras wee give bond in our Charterparty for Two hundred pounds for a Vessell not then worth Fifty pounds by any rationall mens value being so old & badly fitted w^oh was our great weaknesse. And the vessells being blowne off is to the great advantage of the sd Dudly & Ting, w^ch had shee not been blown off Ther had been litle due to them, Considering our great expence in our Continuall keeping sd Vessell in needfull repaire, And yo^r Pet^rs are by them threatned to bee farther troubled about her, so that wee know not when wee shall have an end of our troubles. And wheras yo^r Pet^rs gave so much hyre per m^o for such a vessell, the reasons were because the voyage then was to bee made to Roanoak, & might have been made in a short time, & then vessells were scarce, and also then yo^r Pet^rs were but fifth parts, but by Collaterall agreement was Altered.

Therfore yo^r Pet^rs humbly pray yo^r Hon^rs that Yee please to Consider our Cace as it is Circumstanced & attended w^th All losses, And that yee please to grant yo^r Chancery upon sd Bond, w^ch wee hope your Hon^rs will See good to grant it being y^e grand reason of our appeale to yo^r Hon^rs for Relif in this Cace and yo^r Pet^rs shall ever bee obliged to pray &^c

Nicho: Paige

John Pole

S. F. 1833.4

To the honored County Court sitting in boston this 26^t: of feb: 1679 by adiornment

John Williams Craus fauor of this honnored Court to Grant him the liberty of the law to appeall from the verdict of the Jury, finding for the defendant in the action whearin I was plaintiue against James Townsend for not performing of Couenant because the other action I appeald from the euidences were intermixt with this and made vse of in both actions and Cannot soe leggally bee manadged [?] which I vnderstood not tell I Came to take them out

or that I may haue liberty to haue all the euidences to bring them in: in the former appeall soe waiting for your answer I shall still pray for honnors welfar

John Williams]

S. F. 1827.14

The testimony of John Williams aged about :33. yeares testify that being at New: Yorke in company with m^r Darvall and m^r Keene at James Matthew’s house (commonly called Long Marys’) and m^r Jn^o Keene made up his Acco^t with the s^d Matthews and his wife, and they tooke m^r Darvall as paymaster for what m^r Jn^o Keen owed at that time; and J also further testify that their Gen^rll Acco^tt they kep’t was chalkes upon the wall for J had two Vessells there, and the whole Acco^tt that the Masters and men had was chalked upon the wall and J never see any other to the best of my knowledge

Sworn before .J: D: A.

. . . true Coppie . . . Js^a Addington Cl^re

S. F. 1827.11

Boston .y^e 31: Octob^r 1672.

Own^d in Court. 31^o July .1679. by Jn^o Keen attests Js^a Addington C

S. F. 1827.8

This Agreement made Between Iames Townsend of Boston in New-England Housewright of the one part: And Iohn Williams of s^d Boston Boatman on the other part Witnesseth that the s^d Iames Townsend doth hereby covenant promiss and agree (in consideration of the payments and other the Covenants hereafter in these pu^rsents expressed) to Frame erect Set up and finish for him the s^d Williams upon his Land in Boston in the place where his now dwelling house standeth (which is to bee taken down by the s^d Townsend) A Tenement or dwelling house according to the dimentions following. Viz^t to contain in Length thirty four foote more or less as the Land will beare and in breadth twenty foote and Fifteen foote Stud with two jetts in the front next the Street, and a Leanto of ten foote wide joyning to the backside to reach throughout the Length of s^d house, to Stone a Cellar underneath the s^d main house throughout the whole length and breadth thereof, to build a Stack of good brick Chimnys to the s^d house to contain six fires one in the Cellar, three upon the first Floore and two in the Chambers to inclose and cover the sides and Roofe with clapboards and Shingles, to make and place Four great casern^t frames in the front of s^d building, two cleer storey windows in the gables and two in the Cellar wall and to make outside dores and Staires into the Cellar, to fill lath & plaister the walls of s^d house throughout, to lay a Floor of boards upon Sleepers in the Cellar, to make up all partitions, to make and hang all dores, Staires and to lay all the Floors of s^d house with good merchantable well Seasoned pine boards, to make & put up pyramides and flewboards at the gables and generally to do all Carpentry and masons worke whatsoever necessary to the compleating and finishing of the s^d Tenement or building to make it tenantable, although not herein perticularly expres’t (Ceiling of the Roomes excepted) all the timber used in about the frame of s^d house to bee of good sound well seasoned Sizable white & black oake; all which workes and materials for the same (Clapboards Shingles hinges and Locks excepted) are to bee found made and done strong substantiall & worke-manlike at the proper cost and charge of the s^d Iames Townsend, the Frame to bee raysed at or before the first day of May and the whole worke to bee fully done and finished on or before the last day of Iuly next insuing the day of the date of these pu^rsents. Jn Consideration of which workes to bee done and finished in all respects as is above expres’t and materials for the same the abovenamed Iohn Williams doth hereby covenant promiss and agree to allow unto the s^{d Iames} Townsend his pu^rsent dwelling house, all the timber boards & bricks belonging thereunto (hee takeing down the same) and to pay or cause to bee paid unto him his heires Exec^re Adm^rs or Assignes the full Summe of One hundred and thirty pounds currant mony of New-England in manner following Viz^t thirty pounds at the Ensealing of these pu^rsents, Fifty pounds at the rayseing of the frame, and Fifty pounds more when the whole worke is done and finished as aboves^d. Also to digg the Cellar and to finde and provide all Shingles clapboards hinges and locks for the s^d building at his own cost & charge For the true performance of which abovewritten covenants Agreements and payments the partys to these pu^rsents each one for his respective part doth binde himselfe his heires Exec^rs and Adm^rs unto the other his heires Exec^ra Adm^rs & Assignes in the penall Summe of two hundred pounds lawfull money of New-England to be well and truly paid by the defective party. Jn Witness whereof they have interchangably Set to their hands and Seales this twenty third day of Ianuary Ann^o Domⁱ 1678. And in the .30^th year of his Majes^ties Reign

Memorand^m It’s agreed that the foreside and end of the house is to bee boarded underneath the Clapboards up to the first jette

Iames Townsend a Seale

Signed Sealed & Deliu^rd in the pu^rsence of us.

Js^a Addington

John Casey

Own^d in Court. 27^o Ianur^o 79. by Iames Towsend Attests

Js Addington C

Boston 23 Ianuary .1678.

Then Rs^d of Iohn Williams the Summe of thirty pounds money according to the within written Covenant in full of the first payment I say Rs^d

p^r me Iames Townsend

Witness

Js^a Addington

Boston 26^o Iune 1679

bqmentioned paym^t covenanted to bee paid at the Rayseing of the Frame. I say Rs^d

per me James Townsend

Testis

Js^a Addington

Vera Copia . . . Js^a Addington Cler

In the Reson of Appeale we haue Declared we haue not forfited Said Bond & thatt we Owed not 130£ when this Attach^t was Serued Nor 51£ 10^s Debt & Dammages:

Jn this we shew y^t by sd Couenantt We are to pay 130l: at thre seuerall times viz^t

30£: when y^e Couenant was Signed

50£ at Rearing sd House

w^ch is done as appeares vnd^r the plantiffs hand therefore y^e 50£ is not due vntill said House be finished which is not done — therefore Not due & 200£ not forfited there fore not 51: 10^s due mony Deb^t & damage

All which Appeares by y^e seuerall Euidences putt Jnto this Action both by y^e pl^t & Defend^t as Will at Large appeare. both by time when it aught to haue ben don manner how & what is wanting as to p^rticulars of many materialls assentionally, (requisit to fulfil sd Couenant:

Wee shall doe all Right to y^e pl^t In Giuing in y^e Euidences as he shall Desire most Conducing to his Cause Either first or Last to the End truth may Appeare and Justise may be Done Impartially:

Yo^r Hono^re Seruant and the Jurys Friends

John Williams Appellant:

John hoare attorny to said Williams

S. F. 1833.7

Wee whose names are underwritten being desired by John Williams of Boston to veiw and examine what his new dwelling house doth want to bee finished do finde these perticulers following not done according to Covenant.

Jnprimis The mantle tree in the Cellar not faced.

2ly. The mantle tree in the Leanto Chimly not faced.

3ly. One Partition in the Cellar and a dore left undone

4ly. Two Partitions in the Garret not done, and never a dore to them.

5. Three pair of Staires and but one dore to them all

6. Seventeen dores in the house, and not one latch, katch or bolt to any one of them.

71y. Five gable ends to the house and not one of them fil’d.

8ly. Two Jetties not close in the foreside: the one end and the foreside should have been boarded underneath the clapboards w^ch is not done.

9ly. One Pyramid and one gutter on the backside of the house not done

10. One guttar on the foreside of s^d house not done, so that the house is much damnified for want of it.

11 One end of the main house and Leanto from the bottom to the top, which hath no filling at all in it:

12 And the Cheekes of the Cellar dore, which should have been done up with brick and Lime, is not done, which should have been done.

13. One Partition upon the wing of the Leanto Chimney not done

14. Some of the Windows in the house open between the Window frames and the posts.

15. The Partition in the Leanto is not done as it should bee by a workeman

16. The Cellar Staires that go out to the Street are neither fastned with Spikes nor with trunnels.

Obadiah Stout

Francis Dodson

Thomas Adkins

Sworn in Court .27^o Janur^o 79 by the three Deponents

attests J: Addington C.

Vera Copia . . . Js^a Addington Cler

S. F. 1833.10

Cornelius White aged about .30. yeares testifieth and Saith that that end of John Williams his house joining to m^rs Pugliss^s could not bee filled because there could not bee boards put up to fill against by reason it stood so neer it. And that the middle wall in s^d Williams house between the main house and the Leantoo is boarded with plaine boards on one side, and filled lathed and plaistered on the other side which is not usuall and further Saith not: This Deponent adds that it is not usuall to fill gable ends, where a house jetts

John Pearse aged about .70. yeares testifieth to all abovewritten

White adds that W^ms did motion to have that end of the house filled, but J shewed unto him the inconvenience and improbability of doing it, wherwith W^ms seemed to bee Satisfied.

Sworn in Court by both witnesses .28^o Janur^o 79

Attests J: Addington C

Vera Copia . . . Js^a Addington Cler

S. F. 1833.11

The Deposition of William Dawes Mason aged .62. yeares or thereabout testifieth and Saith that being desired by James Townsend to go with Deacon Allen to pass their Judgement upon a house built by the s^d Townsend for John Williams and J do Judge it to bee done workemanlike according to covenant and that hee has done rather more then less hee was obliged by covenant, as the plaistering the walls of the Cellar and the pointing the garret and that it is not usual to Seel the jetties when the Rooms are not Seeled.

Boston Janu^r .26. 16⅞⁹/₀

Taken upon Oath before Elisha Hutchinson Commiss^r

Vera Copia . . . Js^a Addington Cler

S. F. 1833.13

The Deposition of Gamaliel Rogers aged .22. yeares or thereabouts testifies and Saith that sometime in July last past J was at worke at Goodman Williams house, and hee would not let me go forward with my worke, because hee would have it boarded under the Clapboards and the same day James Townsend came down and they had some discourse about it, and the s^d Williams was as J thought very well Satisfied about the boarding, and J went forwards with my worke and afterwards J heard the s^d Williams Say that hee the s^d Townsend should allow him boards for the fence.

Benoni Gridly aged .15. yeares doth testify to what is abovewritten

Sworn in Court per Gamaliel Rogers and Benoni Gridley Janu^ry .27: 1679 attests J: Addington C.

Vera Copia . . . Js^a Addington Cler.

S. F. 1833.17

The Deposition of Peter Weare aged twenty and nine yeares or thereabout testifieth and Saith that hee being Emploied by James Townsend about the framing & finishing of the house of John Williams from the first to the last and that it was done Substantiall and workemanlike by the middle of October and further that the s^d Williams did say severall times in my hearing that hee could not finde any fault in the worke, Farther after the s^d Townsend had framed the house in wideness and Length according to his Covenant, hee was forced to cutt of Six or Seven inches of the Length of it which was no small hinderance to the s^d Townsend and farther Saith not.

Sworn in Court per Peter Weare Janu^r 27: 1679 attests Js^a Addington C.

Vera Copia . . . J: Addington Cler

S. F. 1833.15

The Deposition of Thomas Ghent aged about 37. yeares testifieth.

That sometime last Spring John Williams the Boatman imployed me to digg a Cellar for him, where his dwelling house now standeth w^ch house was buil’t by James Townsend and this deponent testifieth that the s^d Cellar was not digged and finished untill the last Election day in the morning being the .28. of may. 1679. my Selfe and one more man being imployed about it. Taken upon Oath y^e .26^th of .11^th m^o 1679.

Before me Anthony Stoddard Commiss^r

Owned in Court Janu^ry .27^th 1679. on his former Oath by Tho: Ghent attests J: Addington C.

Vera Copia . . . Js^a Addington Cler.

S. F. 1833.3

To the Honred County Court assembled at Boston .27 of January .1679.

John Williams craves the liberty of the law to appeale from the Jury’s Verdict to the next Court of Assistants in the action between James Townsend plaintife and my Selfe Defendant. As witness my hand this 12: of February .1679.

of

the marke | W Williams

John

A true Coppie . . . Js^a Addington Cler

Upon the Motion of Abiell Lamb in behalf of his wife late widow of Joseph Buckmaster referring to her thirds of s^d Josephs Estate, M^r Thomas Weld & Thomas Garner sen^r are appoynted a committee to repayre to sd Lands & set out her thirds according to law.

J Dudley, per order

8.7.77.

S. F. 2997.26

m^r Thomas Weld and m^r Thomas Gardiner appointed by the Honorable Court of Assistants Sep^r 4. 1677. to lay out the thirds of the Estate of the late Joseph Buckmaster of muddy River to Abiel Lamb and Elizabeth his wife Relict of s^d Joseph as by s^d Order will appeare; make Oath that they did performe s^d Order and have given Account thereof to the Court, And that it was part pasture and part plow Land to Satisfaction of said Lamb, and that the fence now in controversy stood upon s^d Lambs third part dividing his pasture from his plow Land.

Thomas Gardiner further adds that hee was of the first Committee of Survay of the aboves^d thirds and that they are now y^e very same Lands not more nor less that was assigned by the first Committee.

Thomas Weld & Tho: Gardiner made Oath of what is above, before. J: D.

Vera Copia. J. Dudley A.

S. F. 2997.10

To the Honoured Court of Assistance sitting in Boston the 2^nd of March 16⅞⁹/₀

The petition of Abiel Lamb and Elizabeth his wife formerly the wife of Joseph Buckminster humbly sheweth that whereas our Honoured father Hugh Clark hath exhibited his petition before this Honoured Court in referance to the estate left by the said Buckminster to which estate your petitioners haue a Just right of thirds but could never yet Jnjoy it but haue been Very much wronged by our father Clark and his tennant our brother John Clark under pretence that the estate is indebted to them they making themselues Judges both of debt and Creddit your petitioners cannot well bear such wrong having need of their own and yet loath to Complain but not receiueing any rent for severall yeares nor like to doe for the future petitioned this Honoured Court not long since for a Comittie to lay out our thirds which accordingly was done but our father Clark and our brother John Clark his tennant upon the estate will not let us Jnjoy it peaceablely but haue petitioned this Honoured Court to call in their order for the laying of it out Jnsinuating as though your petitioners had obtained the saide order fallatiously which will apear to the Contrary if your petitioners may haue liberty to speak for themselues and produce such evidence in the case as will demonstrate to this Honoured Court what our Just right is and that we haue been unjustly kept from it by our father Clark which favour your petitioners humbly begs and that the Case may be Jssued without any farther trouble or suits of Law if possible and your petitioners and the Children of Joseph Buckminster secured from farther loss and dammage so your petitioners shall ever pray as in duty bound for your Honours peace.

Abiel Lamb

Accompt of Sales Sundry goods Ship’t aboard the Katch Dilligence Thom. Palmer Comm^a for Accompt of m^r Abel Porter is D^rto Sundry Ac^tt of charges, viz^t:

M^r Abel Porter his Accomp^t Curr^t D^r

Erro^rs Excepted this tenth day March. 1677.

John Appleton

m^r Iohn Appleton appeared before me and made Oath that the abovewritten Account is a true & just Account as hee hath Subscribed .this. 17. of Decemb^r 1678.

Daniel Denison

Own^d in Court by m^r Appleton 28^o Janur^o. 79.

attests J. Addington Cler.

Vera Copia . . . Js^a Addington Cler

Whereas in the Case betweene m^r Porter & m^r Appleton depending in the Court of assistants about the chancering of a bond of arbitration it appeares (through inadvertency) that Judgment is entred contrary to the intention and order of the Court for a respit untill a further hearing, Jt is heereby ordered & declared that the s^d Judgment be null & voyd in law & all acts since Done by either partie in prosecution of the s^d Judgment be in like manner null & voyd, untill the S^d Appleton have opportunity of further plea whereunto he shal be admitted before the end of the next Court of Assistants in September or the Court take further order heereon. Past by y^e magis^ts as their Act at the Court off assistants on Adjournm^t this 4 of June 1680.

Edw^d Rawson Secret

Account^d with Elisha Cooke this. 23^o day of July. 1679 and there rests due to his Mother m^rs Elizabeth Cooke Executrix of the late Richard Cooke dece^d the Summe of two hundred & four pounds ten Shillings & nine pence in money. As witness my hand the day & year aboves^d

Erro^rs Excepted per James Oliver

Jn pu^rsence of us.

Sarah Leverett

Ann Hubbard

Sarah Leverett made Oath that Shee was pu^rsent and did see James Oliver Subscribe his hand to this Acco^t & that Shee set her hand thereto as a witness & that Ann Hubbard did also as a witness Subscribe the same on the day of the date thereof, this was done the .26^o day of Jan^ry. 1679

Before me Anthony Stoddard Commiss^r

m^rs Ann Hubbard tooke Oathe to Cap^tn Olivers Subscribing this Acc^o in as full manner as m^rs Leverett is Sworn 30.2:80.

attests J. Addington Cler.

S. F. 1910.16

James Allen aged 47. yeares or thereabout testifieth & Saith. — That Cap^t James Oliver did sometime in February last past come to the Deponent and desire him to heare the grounds of the difference between him & D^r Cooke about a debt oweing to D^r Cookes Father in order to the issuing of s^d difference of which they had a tryall the last County Court here at Boston, having severall times discoursed each of them about it and perswaded s^d m^r Cooke and his Mother to accept of a Summe which Cap^t Oliver did assure the Deponent hee would willingly pay to them; the s^d Oliver did afterwards desire that m^r Nowell & his Kinsman m^r John Oliver might meete at the Deponents house to debate what was the true principle debt, who did there accordingly meete and after much discourse of a debt of Sixty two pounds due by bill of Exchange in London, the Deponent seriously urgeing Cap^t Oliver to act the part of an honest man and say whither this was a debt yet unpaid or not hee answered to this effect, that hee durs’t not wrong his conscience, but did acknowledge it was yet unpaid and therefore due from him either to m^re Cooke as the Relict and Executrix to L^tt Cooke dece^d or m^r Daniel Hoare, it being originally a debt due to them in partnership, and if m^r Cooke and his mother would discharge him from the s^d Hoare as his Father had done hee would pay it to him, w^ch D^r Cooke told him hee would do: This Depon^t further Saith that s^d Cap^tn Oliver did twice with him agree upon a Summe that hee would presently pay if s^d Cooke would accept it w^ch this Deponent did perswade s^d m^rs Cooke & her Son D^r Cooke for peace sake to accept; Which Agreement (as afterwards J understood) was not performed by Cap^tn Oliver, and that s^d Oliver did at severall other times of his own accord acknowledge that it was a true debt, and that hee was agreived only at the Jnterest. The acknowledgement of the debt in the house of the depone^t was in pu^rsence of m^r John Oliver and L^tt Reynolds & further Saith not.

Taken upon Oath the .29^th of .2^th m^o: 1680 before me Anthony Stoddard Commiss^r

Own^d in Court upon former Oath .30^th April 1680.

attests Js^a Addington Cler

Copia Vera. per Js^a Addington Cler

S. F. 1910.13

John Walley aged about thirty five yeares testifies that severall times discourseing with Doctor Cooke about the Action and Acco^tt that was depending between Cap^tn Oliver and him, hee hath heard s^d Cooke owne that the Summe that had been due upon the bill of Exchange on the partable Account Hoare suing Cap^tn Oliver for the money, y^t upon Cap^t Oliver Request to cleare him of Hoare, his Father gave him a receipt on the partable Acco^tt & made Cap^tn Oliver D^r to his proper Acco^tt which in Cap^tn Oliver behalfe wee urged hee would shew his Bookes to make y^t appeare, but hee refused.

John Oliver testifieth to the truth of the abovewritten

Sworn in Court by both Depon^ts 30^th april. 1680.

Js^a Addington Cler

Vera Copia attest^r Js^a Addington Cler.

Novemb^r 25^th 1679.

J attached the ground of Cap^t James Oliver on which his house did stand before the last fire in Boston with all the rest of his Land thereunto adjoining.

Return Waite Marshall

m^r Cooke made Oath in Court 30^th Janur^o 1679. that hee deliu^rd a Summons to Cap^tn Oliver

attests J. Addington C.

Wee humbly Offer that the s^d Cap^tn Olivers not so well minding or understanding his own concern nor seeing the snare that Doctor Cooke had laid to get his Estate from him & his secret manageing this matter as much as might bee that the s^d Cap^t Olivers Freinds might not appeare to defend his cause and discover s^d Cookes unfaire if not unjust dealing therein was the Reason that no Defend^t appeared in the last County Court, therefore a Reveiw being of the nature of a writt of Error, wee hope that if wee make it appear now, that there was no ground for the proceeding of the case at that Court, then wee shall obtain Judgem^t for o^r full damages now.

1^o Wee Say that there was no Defend^t appeared to owne nor any testimony that the Summons was served or given to s^d Oliver Six dayes before the Court (as the Law provides) & had Doctor Cooke Sworne as to the time, which hee did not or that the Summons hee deliu^rd related to this, yet wee leave it with the Hono^rd Court to consider whither a party Swearing in that case bee legall proofe where the Defend^t is not there to owne or deny.

2^o Wee Say the Officer in his Return Saith that hee attached y^e ground of Cap^tn Oliver but doth not Say to respond that Action therefore conceive that the case should not have proceeded unless there had been something attached to answer that action, for the attachm^t the very words of it are to attach y^e goods or Estate of &c^a to answer the compl^t &c^a but it did not appeare that this Estate was attached to answer the Action according to the tenour of that attachm^t. See the marshalls Return.

3^o Wee say the partys are not understood if they are joint Execute^rs then they should jointly Sue and then what is due to the Estate is due to them jointly & so not at their Liberty to Sue severally, now by will they are joint Executo^rs for it saith J appoint Eliz: Cooke Executrix and Elisha Cooke Executo^r but not Eliza: Cooke or Elisha Cooke Executrix or Executo^r &c^a. But as to the Action they or either of them by Attachm^t Sue for £.204:10:9^d due upon ballance of Acco^tt under Cap^tn Olivers hand but say not whither it is for so much due to one of them or whither due to both of them or if but to one to which of them, hee Saith for £.204:10:9^d due but not to whome, and in the attachm^t hee refers to a writing dat^d 23^d July. 1679. now that writing if it hath Cap^t Olivers hand to it, it is with an exception or reservation, all hee Saith is no more then that it is true, that there is so much due if the Acco^tt bee not false, which we Suppose will amount to as much as comes to nothing, for let the Erro^rs bee discounted which are excepted and there will appeare very little if anything due to the now Defend^t or Defend^ts. That writing saith so much due to Eliz: Cooke, now the action and that writing do not agree, for if it were due to her then not to her or him or either of them, they Say in the Attachm^t for so much upon ballance now there is not one such word in that writing, and it argues that they were not agreed nor come to any conclusion or ballance by his setting his hand to it with that Reservation Erro^rs Excepted which was never seen to a writing of that nature, the testimony in Court was single, and onely sworn that Shee saw Cap^t Oliver Set his hand to an Acco^tt but not that hee set his hand to a writing containing such a Summe as the ballance neither was the Deponent present in Court to owne the Deposition as y^e Law requires: As for the Acco^tt it will prove itselfe Erronious Jf the Hono^rd Court & Jury will please to take notice that the first Article of it Js for ballance then made up (w^ch was y^e 4^th of 8^ber 1660). 23^li 00:07^d then due to L^tt Rich^d Cooke, and this pretended bill of Exchange was to bee paid in Ann^o 1653 and therefore must needs bee included in the ballance of 23^li 00:07½ due in anno: 1660: being Seven yeares before. . . .

4. Error. And as for .194^li of the Summe recovered it is not onely included in the ballance of .23:00:07½ (as wee Say before) but hee makes it rise from a pretended bill of Exchange which should have been paid in England but never Saith who it was drawn by who it was drawn upon or who payable to, now wee desire that hee should shew some probability or appearance that there ever was such a bill of Exchange for 62^li To produce such an one wee know hee cannot wee have often urged him to shew his Bookes but judge hee dares not; but supposeing Cap^tn Oliver had given such or any other bills of Exch^a they are to bee accounted p^d unless hee produce a protest under a publique Notary’s hand according to the custom of Merchants, and if hee saith hee hath any bill of Exch^a from Cap^t Oliver let him produce it and make it appeare what the Summe was and wee Judge wee are capable to prove it p^d As for severall other Articles in the Acco^tt Cap^tn Oliver knows nothing of them viz^t in perticular for Jnterest for m^r Snelling and Rent for m^r Dexter but wee desire that the Hon^rd Court would cause m^r Cooke to produce his Bookes to compare with the Acco^tt and then wee doubt not but his Bookes will prove more Erro^rs in the Acco^tt then wee are able to doe. And to conclude supposeing the .62^li per bill of Exchange had been due upon which hee charges one hundred & odde pounds for interest yet o^r Law title usury Saith that no usury shalbee allowed contrary to the law of God, and how well m^r Cooke hath attended the law of God wee leave to the Hono^rd Court & Country to consider w^ch Saith in .25. Leviticus. 35. 36. and if thy Brother bee waxen poore and fal’n in decay with thee then thou shal’t releive him yea though hee bee a Stranger or a Sojourner that hee may live w^th thee take thou no usury of him or Jncrease but feare thy God that thy Brother may live with thee: wee shall adde no more at pu^rsent untill wee see further occasion but Rest.

yo^r Hono^rs humble Servants

John Oliver   Nath^ll Oliver

Nath^ll williams

Boston Ap^ll y^e 28^th 1680.

Vera Copia attest^r J. Addington Cler.

S. F. 1910.9

An Answer to Cap^tn Olivers Attournys’ Declaration

Jn their preface they do very unworthily charge the Defend^t with laying a Snare &c^a and with unfaire & unjust dealing in this matter but mention no perticular for demonstration thereof; in which they shew their Machivilian policy to reproach & cast aspertions at any rate, to which J shall rather speake something then write if the hono^rd Court please to give me leave.

1. And as to their pleas J Answer. 1. To the first that y^e Defend^t made Oath that hee deliu^rd a Summons to Cap^tn Oliver according to the tenor of the attachm^t upon the wedensday before the Court w^ch was judged legall proofe.

2. To the Second. That the Officer made a Return of what hee attached and the process declares for what.

3. To the third. The Executo^r appeared in Court personally and the Executrix by her Letter attorny to the Executo^r which Letter the Bench allowed and deliu^rd again to the Executo^r and said it need not bee kept in Court and that either had sufficient power to Sue. . . .

And to their pretended Erro^rs in the Acco^t J Answer

1. That the .62^li due in London was upon bill Exchange & not charged to Cap^t Olivers perticular Acco^tt in the Booke untill the yeare .1662. and therefore could not bee included in the ballance of an Acco^tt made up the :4: October .1660. and therefore no Error. . . .

3. What need is there of declaring by whome these bills were drawn upon whome or to whom payable & of produceing protests &c^a wⁿ Cap^t Oliver hath from time to time for so many yeers owned the debt and doth still as appeares per his Subscribing the Acco^t & y^e many other testimonys in the case.

Jn their conclusion they do as at the begining take to themselves liberty to revile and reproach, as if so solemn an Assembly as a Court of Judicature were a place licensed for men to vilify scandalize & calumniate at their pleasure as they do not onely the Defendant but his deceased Father and that without the least shadow of reason in speaking of his Bookes so reproachfully as they do, w^ch neither of them have ever seen though Cap^t Oliver hath often and alwaies said the Acco^t was right & just the law they quote (w^ch the Generall Court therein saith is agreeable to the word of God) allows .8. per^c per annum & for bills of Exchange more, and it is the practice of our Courts to allow for money due in England by bills of Exchange or otherwayes 25 per^c for the Exchange of money w^ch is but the bare difference between our money & theirs, and also .8. per^c per annum upon the whole, but Cap^tn Oliver is charged with no interest at all for the first yeare and afterwards but 6. Per^c w^ch hee was then freely willing to allow; The Defend^ts were so far from oppressing Cap^t Oliver as that they were willing (as full Satisfaction of the debt) to accept of what Cap^t Oliver was freely willing to give & would have abated considerably of that too, w^ch issue these Gentⁿ his pretended Freinds with great endeavo^rs prevented which concessions not being complyed with ought not now to abate of the just & legall right of the Defend^ts the Attournys’ whole designe in this matter hath been to calumniate the Defend^t & darken & perplex the case with impertinent pleas and papers to mislead the Jury & keepe Cap^t Oliver out of Court least hee should speake truth there as hee hath done elsewhere: But the debt for which the Judgem^t was granted the last Court being sufficiently proved and by Cap^t Oliver owned, though its said hee Signed the Acco^t with the reservation of Erro^rs excepted w^ch is a thing most frequent in Signing of Acco^tts which was ever hitherto understood to bee meant Erro^rs onely in casting: The Defend^ts hope this Hono^rd Court & Jury will see sufficient reason to grant them their costs & Subscribe

Yo^r Hono^rs humble Servant

Elisha Cooke in behalfe of his mother

Elizabeth Cooke & himselfe

Vera Copia attest^r Js^a Addington Cler.

S. F. 1832.2

To the Keeper of the Prison at Boston.

J have sent you herewith the body of Hannah a Neg^r womⁿ convict for stealing a Chyrurgions box and Instrum^ts to a considerable value Requiring yo^u in his Maj^ties name to receive her into yo^r prison and her safely keepe till Shee bee thence deliu^rd by order of Law, and hereof yo^w are not to faile Dated .13. Decem^r .79.

S. Bradstreet Gov^r

Vera Copia Attest^r Js^a Addington Cler

Things not yet found w^ch belong to the Box.

A large pair of Silver Forceps

A Silver Fleme

A Silver Spatula

A Speculum Oris broken & lost.

A Probe

An Incision Knife

Vera Copia .J. Addington Cler

S. F. 1832.1

To the Honored County Court now sitting by Adjournm^t in Boston.

The humble Petition of Hannah Negro Sheweth that whereas a matter of Complaint hath been brought and my Selfe impleaded upon it before yo^r Hono^rs So that a Sentance was procured against me to bee whip’t with ten Stripes and to pay unto m^r Stone £:10: in m^o and to pay fees of Court standing committed &c^a Jn obedience to which Sentance your Hono^rs poor Petitioner has received the corporall punishment, but being disatisfied in the other part of the Sentance do hereby humbly Petition for the pu^rviledge of an Appeale from it, legall caution by Security being given, which J trust wilbee beneficiall to yo^r poor Orator, and give me cause to pray for yo^r Hono^rs

the marke of

Hannah // Negro

This petition granted. J: Addington C

Vera Copia Attest^r Js^a Addington Cler.

S. F. 1832.3

Hannah Negro womans Reasons of appeall to the Honoured Court of assistenc from the Last County Court held in boston and by the same sentensed to be whipt with ten strips & to pay unto m^r stone ten pounds in mony: & to pay fees of Court standing Commited: &c: shee appealed from y^e Latar part of this sentenc to this Court for thes Reasons foloing: the Honoured Court & Jury may pleas to take notis: of y^e Honourd Gouerno^rs warent for my Commitment which hath two parts: 1^st J haue heer with sent you: the body of hannah a negro woman: Conuict for stealing a Chyrurgions box, & instruments: to a Considarabel ualue: itt is neithar sayd whose box itt was: when: stolen nor party Complayning: nor in ordar to farthar tryall, but Conuict 2^dly: har safely to keep tell shee bee thence deliurd by ordar of Law: how far m^r Stone is Concarned in this Cau[se or] y^e fact Legely proued: J Leaue to this honoured Court & Jury to Judge as not willing to [wade to far being a negro] woman & undarstanding y^t a: word to the wise is sofish[ent]:

1^st Daniel stone doth but say the plaster box stoln: from him Cost 7[l] in London which is but his owne asarshon with out any proof there: fore y^e worth of it is not: Euident though hee had lost such a box.

2^d thar was noe such box found with mee: nor Euar had J anny such thing: but Joseph Colloe owned that hee had the box: of whome sayd stone Receu’d satesfaction: thar fore ought not to Chaleng itt of mee who did niuar see itt:

3^d all the things that J had J gaue m^r stone and y^e Court an acompt how J Came by them and hee had them again & twenty shilings in mony of Mary Pittum: which [is] a sofishent Compensation in that matar: if thay [were his as] J humbly Conceue:

the sentence of the strips J Receued in full tale: and imprisonment from the .13^th of desember tel the 13^th of febrewary being two months in a Could prison seprated from: my husband: & my m[^rs] busnes to which J am obliged and ought to sarue a Cording to y^e Law of God & y^e King & this Juresdition as y^e Law titell buglery theft page :13: section 2^d in thes wo[rds] if thay bee saruants or Children thus tra[nsgress]ing & [thar] m^r or parence will not pay thar fines thay shall be openly punished, to which J Refer: J nethar owe m^r stone ten pound in mony nor haue J itt to pay Jf J did: and by Law my husband ought to pay itt but hee hath itt not: : and my mastar doth deny to pay itt (hee not being in the [obliterated] & Jf hee should itt might: in Correg Euell minded & Couetous parsons: to seduce and by Law [obliterated] to: them selfs: the best mans slaues in newengland, by secretly giuing them sum thing of [obliterated]hen prosecuting them for theft: in which snare of Receuing J haue bin Caught (whethar of [obliterated]nnar or othar J know not:) but J hope that my all Redy Receued punishment J hauing noth[obliterated]o pay [off] the things J had being all Retorned may sofise: & that J may Return to my own m^r a gayn: [obliterated]tt shall ingaydg mee to be more Carfull how J doe any thing to displeas your honours:

the marke of

the mark of hannah // negro

These Reasons Rec^d 26 feb^r [1679]

S. F. 1832.7

Daniell Stone his answer to Hannah Negro her Reasons of Appeale from the Sentence of the hono^rd Countey Court &c As concerning what she saith relateing to the hono^rd Governo^rs Warrant as she Calls it, I accompt not my selfe concerned to make any answer,

1. As to her First reason vi^zt that it is only my assertion that the plaister box Cost Seven pounds in London, I Answer, I proved that it was my box, and that it was stolne by her, is most evident, in that the vtensills therein, were found with her, or disposed of by her, as she her selfe owned, and I proferd my oath to the Cost of it

2^d That there is noe such box Found with her &c I answer, That a considerable part of the appurtenances, belonging to the sayd box were found with Mary Pittam where she had disposed of them, and although Joseph Calloe tooke up the box in the water, where it is supposed she threw it from the wharfe neere her masters house, that it might not discover her theft, yet part of the lock of the sayd box was found amongst those things aforesd w^ch she disposed of as she owned, which evidently showes that she stole the box & broke it open

3^d That sayd Stone receiv^d twenty shillings of mary Pittam &c I answer That Could not be judged to be a full compensation For goods stoln from mee of Seven pounds, vallue in England,

4. Lastly. That the Law page 13 saith servants or Children, thus transgressing &c shall be whipped if their masters refuse to pay their Fines &c I answer, that her whipping Can only be meant to be in satisfaction to the Countrey for the Crime, but not in satisfaction to the party damnifyed by the theft, For then how soone may any man be undone by the unfaithfulnesse of his Neighbours servants, stealing never soe great a vallue, But it hath beene the practisse in this Countrey, & approved by Authority to sell servants to satisfy Judgments of this nature, when their Masters have refused to satisfy the same the looser being utterly incapacitated to have his losse repaired otherwise, the p^rmises Considered I hope this hono^rd Court will see just Cause to Confirme the Former sentence, w^th just Costs.

J subscrib myselfe yo^r worships humble sarvant Daniell Stone

Joseph Calloe belonging to the Ship Daniel & Robert Abraham Knop Commander hath likewise bound himselfe in the Some of 5^li for his personall appearance at the s^d Court to answer the complaint of s^d Stone for breaking the s^d box and takeing off the Silver &c. 13.10.79.

S: Bradstreet Go^r

Calloe Being called Owned that hee tooke up the box between the Wharfes floating upon the water and broke it & tooke off the Silver, being ask’t the reason why hee had not cryed it, made answer it was not usuall in their Country to cry any thing taken up floating on the water or cast up on the Shoare, the Silver being returned, hee was acquitted.

J: Addington C

Vera Copia . . . Js^a Addington Cler