At a County Court held at Boston Aprill 29^th 1673

Present

John Leverett Esq^r Dep^t Gov^r	Edw: Ting Esq^r
	W^m Stoughton Esq^r

Grandjury the same with the form^r Court.

Jury of Tryalls Sworn

m^r James Nash sen^r	John Stebbens	Henry Neale
John Poole	John Newell	Hump^r Johnson
Ephraim Savage	Benj^a Beal	James Vailes
Seth. Perry	Thom: Bird	Peter Woodward jun^r

[Vsher v. Timberlak]

John Vsher Plaint. cont^a William Timberlak Defend^t in an accion of the case for refuseing to give him Security for his comming out of prison according to his promiss being put in there upon an Execucion of Sixty eight pounds recovered against him at a County Court held in Boston the 29^th October 1672 & all other due damages according to Attachm^t Dat. January: 28^th 1672: . . . The Jury . . . founde for the Defendant costs of Court.

Execucion Issued y^e 4th of June 1673 for Seaven shillings eight pence 7^s 8^d

[Bellingham Executors v. Smith]

M^r John Oxenbridge m^r James Allen & m^r Anthony Stoddard Executo^rs to the last will of Richard Bellingham Esq^r plaintiffes cont^a Leiftenant John Smith of Winnisimmet Defend^t in an action of the case for not paying unto them the Summe of one hundred pounds for Rent due for the Farme & Ferry at Winnisimmet for the two yeares last past according to an agreement made the thirtieth of January 1664. & all due damages according to Attachment Dat. Aprill 11^th 1673. . . . The Jury . . . founde for the plaintiffs one hundred pound’s & costs of Court. The Defend^t appealed from the Judgment of this Court at the next Court of Assistants and gaue bond to prosecute: The saide Leif^t John Smith as principle in two hundred pounds m^r Richard Wharton & m^r John Osborne as Sureties in one hundred pounds apeice acknowledged themselves respectively bound . . . that the saide John Smith should prosecute his appeale . . .

[For an introduction to Bellingham will case, see note to Wharton’s Presentment, above, p. 228. The result of the appeal of this case to the Court of Assistants appears in the following record (S. F. 1220):

At a Court of Assistants held at Boston 2^d September. 1673.

L^t John Smith Pl^t against M^r John Oxenbridge, M^r James Allen and M^r Anthony Stoddard Executors to the Last will of Richard Bellingham Esq^r In an Action of Appeal from the Judgment of the last County Court in Boston . . . The Jury brought in . . . a Special Verdict. If he that is an Executor to a part of an Estate disposed of by Will be a legal Executor to the whole of that Estate tho never disposed of by Will then the Jury find for the Defendants Confirmation of the former Judgment & Cost of Courts, otherwise for the p^lt Revertion of the former Judgment & Cost of Courts. The Magistrates find for the Defend^ts Confirmation of the former Judgment & Costs of Courts fifty Seven Shillings . . .]

Stoddard &^a cont^a Rock

M^r Anthony Stoddard guardian to Tho^s Robinson W^m Bartholmew guardian to James Robinson & Deacon W^m Parckes guardian to Joseph Robinson plaint^s cont^a Joseph Rock administrato^r to the Estate of m^r John Coggan & m^rs Martha Coggan Executrix to m^r John Coggan Defend^t in an action of the case for not paying unto them one thousand pounds according to a verdict of the Jury in January Court last in case hee gaue not the aforesaide guardians a true & faithfull account which they then Sued for the which hee hath not done nor paide the ballance which by his account hee makes due thoug far short of what is coming from him to them with all due dammages according to Attachm^t Dated the 17^th of March 167⅔. . . . The jury . . . founde for the Defendant costs of Court, being ten shillings.

Execucion issued 7^br 7: 1674. [120]

[See above, pp. 109, 155, 200, 211–12, 217, and below, p. 243.]

Parmiter cont^a Overman

John Parmiter, plaint: cont^a Thomas Overman Defend^t in an accion of the case for not responding the plaintiffe his Damage hee hath Susteined by pulling down part of a wharfe standing on the plaintiffes land which was done by saide Overman or some other belonging to him to the great damage of the plaintiffe & all other due damages according to Attachm^t Dat. Aprill. 19^th 1673. . . . The Jury . . . founde for the Defendant costs of Court.

Woodcock cont^a Shoare

William Woodcock plaintiffe cont^a Sampson Shoare Defend^t upon an appeale from a judgment granted against him by the Dep^t Gov^r for twenty five shillings damage & costs of Suite twenty Shillings & ten pence: at a Court held by him in Boston January 23^th 1672 according to law for one Magestrate. . . . The Jury . . . founde for the Defendant confirmation of the former judgment & costs of Courts.

Stanton cont^a Trott

Robert Stanton, in behalfe of his Daughter Martha Stanton plaint. cont^a Thomas Trott jun^r Defend^t in an action of the case for witholding pay for to bring up her childe which hee the saide Trott is by law the reputed Father of, with due damage according to Attachmf^t Dat: March the last. 1673. . . . The Jury . . . founde for the plaintiffe that Thomas Trott jun^r is the reputed Father of the Childe by law born of Martha Stanton & Leaue it to the honoured Court to order maintenance for the Childe as the law directs & costs of Court. The Court orders that the saide Thomas Trott pay to Robert Stanton in behalfe of his Daughter Martha Stanton ten pounds in mony towards the maintenance of her Childe & costs of Court. being 35 sh^l

Execucion issued May: 22^th 1673

Addington cont^a Timberlak

Isaac Addington, Attourny of Joseph Williams of Providence in the Colony of Rode Island & Providence plantations in New England, plaint. cont^a William Timberlak Defend^t in an action of the case for witholding a Debt of seven pounds ten Shillings in mony due by bill bearing date the 18^th day of September 1672 with all due dammages according to Attachment. Dat. March 20^th 167 . . . The Jury . . . founde for the plaintiffe Seven pounds Fifteen Shillings mony & costs of Court, being Fifteen Shillings. [121]

Burnham cont^a Hirst

Arthur Burnham, plaint. cont^a William Hirst Defend^t in an action of Debt for the nonpaiment of seven pounds two Shillings sterling due by bill & all other due dammages according to Attachm^t Dat. Aprill: 22^d 1673. . . . The Jury . . . founde for the plaintiffe Seven pounds two Shillings currant mony of New England & costs of Court.

Burnham cont^a Hirst

Arthur Burnham, plaint. cont^a William Hirst Defendf^t in an accion of Debt for the nonpaiment of four pounds Sterling due by bill & all due dammages according to Attachm^t Dat. Aprill 22^d 1673. . . . The Jury . . . founde for the plaintiffe four pounds currant mony of New England & costs of Court.

Starkey cont^a Timberlak

John Starkey plaint. cont^a William Timberlake Defend^t according to Attachm^t Dat. Aprill. 24^th 1673. The plaintiffe withdrew his Accion.

Rock cont^a Robinson

Joseph Rock, Executo^r of Thomas Robinson late of Boston deceased plaintiffe cont^a the goods or Estate of Thomas Robinson James Robinson & Joseph Robinson in the hands of Anthony Stoddard guardian to Thomas Robinson William Bartholmew guardian to James Robinson & W^m Parcks guardian to Joseph Robinson or in either of theire hands Defend^ts in an action of Reveiw of an accion of the case commenced & prosecuted against the saide Rocke Executo^r as aforesaide at a County Court held at Boston in January last by the abouenamed three guardians to Thomas James & Joseph Robinson jointly & all other due dammages according to Attachm^t Dat. February: 22^th 1672. . . . The jury . . . founde for the plaintiffe Seventy five pounds Fifteen Shillings dammage to bee paide in the like specie which the pu^rsent Defend^ts received by Vertue of the former Courts judgment January last & costs of Court being: 25^s

[See above, p. 241, and Rock v. Clarke, below, pp. 369–72.]

Hunter cont^a Cowell

Mary Hunter, plaint. cont^a Joseph Cowell Defend^t according to Attachm^t Dat. Aprill: 21^th 1673. The plaint. withdrew her accion.

Shefeilde cont^a Cobham

Edmund Shefeilde plaint. cont^a Josiah Cobham Defend^t according to Attachm^t Dat. Aprill 24^th 1673. The plaint. withdrew his accion.

[122] Cooly cont^a Way

Henry Cooly plaint. cont^a Richard Way Defend^t in an accion of the case for injustly & illegally trespassing by incroaching wharfing & building on some part of the Flatts in Boston which are a propriety belonging to the saide Cooly soe that the plaintiffe is damnified to or about Forty pounds with all other due dammages according to Attachm^t Dat. 22^th of Aprill: 1673. . . . The Jury . . . founde for the plaintiffe the ground in question which is about four foote in breadth & costs of Court 25^s 2^d

Execucion Issued y^e 18^th 4m^o 1673 for 25^s & 2^d & 4 foot of ground in bredth &^c

French cont^a Tyng

Phillip French, Attourny of Sammuell Shute Benjamin Shute & Thomas Firman of London plaint. cont^a Jonathan Tyng Defend^t according to Attachm^t Dat: March: 24^th 167. The plaint: withdrew his Accion.

Rock cont^a Norden

Joseph Rock, plaintiffe cont^a Sammuell Norden Defend^t according to Attachment Dated Aprill 22^th 1673. The Court declared a Non Suite upon disappearance of plaint. & Defend^t

Lilly cont^a Prosser

Edward Lilly, plaint. cont^a Roger Prosser Defendant in an accion of Debt to the vallue of thirty six pounds in mony due by bill to saide Lilly on the accoump^t of m^r Bernard Trott & all due dammages according to Attachm^t Date March: 27^th 1673. . . . The Jury . . . founde for the plaint twenty four pounds in mony & costs of Court.

Shrimpton cont^a Hudson

Jonathan Shrimpton, plaint. cont^a Cap^t William Hudson Defend^t according to Attachm^t Dat. Aprill 23^d 1673. The Court declared a Non-suite upon disappearance of plaint. & Defend^t

Gibbon cont^a Sharp

William Gibbon plaint. cont^a Richard Sharp Defend^t in an accion of the case for not paying & delivering the saide Gibbon the two hogsheads of Seuger in due time, which the saide Sharp shewed him & consented the saide Gibbons marking them for payment of ten pounds eighteen Shillings in mony for goods Sold & delivered the saide Sharp at mony price & the saide Sharp having not delivered the saide Seuger nor paide in mony the saide Debt of ten pounds Eighteen Shillings [123] nor will hee deliver the saide Gibbon his goods back againe nor performe any of them which is much to the saide Gibbons dammage for not having the same Seuger delivered in time that hee might haue had the Freight for it, nor now can hee haue the same Seuger that was marked, but other Seugers not soe good contrary to Agreement, therefore, the saide Gibbon craues that hee may haue the ten pounds Eighteen Shillings in mony or the saide goods againe & all due dammages according to Attachm^t Dat: Aprill: 21^th 1673. . . . The Jury . . . founde for the plaintiffe two of the best hogsheads of Seug^r under Attachm^t & twenty one shillings in mony & costs of Court being 25 sh^l 6^d

Execucion issued May: 10^th 1673

Hirst cont^a Burnham

William Hirst, plaint. cont^a Arthur Burnham Defend^t according to Attachm^t Dat. Aprill: 24^th 1673. The plaint. was nonSuited upon non appearance.

Atherton cont^a Mather

Jonathan Atherton, plaint. cont^a Timothy Mather Defend^t according to Attachment Dat. Aprill: 14.1673. The plaint. in failer of process was Non Suited & Costs granted y^e Defend^t 4^s

Execucion: issued 7. 6m^o 73.

Lidgett cont^a Sampson

Peter Lidgett, Attourny unto Richard Pikeford plaint. cont^a the goods Debts or Estate of Francis Sampson in the hands of John Freake Defend^t according to Attachmf^t Dat. Aprill 16^th 1673. The plaint. in Failer of process was Non Suited.

Parmiter cont^a Scarlett

John Parmiter, plaint. cont^a John Scarlett Defend^t according to Attachm^t Dat. Aprill 19^th 1673. The plaintiffe withdrew his Accion. & costs granted the Defend^t nine Shillings.

Execucion issued May: 5^d 1673.

Heaton cont^a Oliver

Jabez Heaton, plaint. cont^a Capt^a James Oliver Defend^tin an accion of Debt of six pounds twelue shillings due by bill & due dammages according to Attachm^t Dat. Aprill 22^th 1673. The Defend^t made a default by non appearance & upon the desire of the plaint. The Court declared his bond Forfited. Nevertheless the Accion proceeded to tryall & . . . The Jury . . . founde for the Defend^t costs of Court.

Warren cont^a Calley

Humphry Warren, plaint. cont^a Joseph Calley Defend^t in an accion of the case for the Forfiture of a bond of Arbitration of one hundred pounds for not fulfilling an Award of Fourteen pounds in mony given in by Anthony Checkly & William Dyer, Arbitrate^rs chosen [124] by the saide Warren & the saide Calley & all due dammages according to Attachm^t Dat. Aprill 24^th 1673. . . . The Jury . . . found for the plaint, the forfiture of the bond & costs of Court. The Magestrates chancered this bond to the summe in the award & costs of Court.

Dinely cont^a Steenwick

Fathergon Dinely adm^r to the Estate of John Dinely deceased plaint. cont^a the goods or Estate of Cornelius Steenwick in the hands of Cap^t William Davis Defend^t in an action of the case for illegall seazing apprizing and making division of a house & land that the aforesaide John Dinely was never legally possessed of noe division ever having been made between the aforesaide John and Fathergon Dinely in the saide land but after the decease of John Dinely, Fathergon Dinely his brother as adminst^r to the deceased his Estate was legally possessed of the saide house and land & hath fully satisfied for them as may appeare by saide Fathergon his account given to & accepted by the County Court with all due dammages according to Attachm^t Dat. Aprill: 23^d 1673. . . . The Jury . . . founde for the Defendant costs of Court.

[For the background of this case, see above, pp. 167–73. The courts having found against the Dinely estate on several occasions for the debt to Cornelis Steenwyck of New York, and an execution having been levied on a part of his brother’s estate, which was now in the hands of Steenwyck’s attorney Davis, Fathergon Dinely tried a new plea, to the effect that the property seized for the debt did not belong to the late John Dinely, but to the estate of his father, which had never been divided between the two brothers. Following this judgment, Dinely presented an action for review, for which see below, pp. 292–93.]

Atkinson Cont^a Williams

Theodor Atkinson sen^r plaint. cont^a Cap^t John Williams Defend^taccording to Attachm^t Dat Jan^ry 28^th 1672. The plaintiffe upon non appearance was non Suited.

[See above, pp. 53–9, and above, p. 372.]

Brattle cont^a Crosby

Thomas Brattle plaint. cont^a Joseph Crosby Defend^tin an accion of Debt of seven pounds nine Shillings in mony due by bill & due damages according to Attachm^t Dat. Aprill 23^th 1673. . . . The Jury . . . founde for the Defend^t costs of Court.

Wayte cont^a Oliver

Richard Wayte plaint. cont^a Capt. James Oliver Defend^t according to Attachm^t Dat. Aprill. 23^th 1673 The plaint. withdrew his Accion

Middlecutt cont^a Bodkin

Richard Middlecutt plaint. cont^a Dominick Bodkin Defend^t in an accion of the case for that the saide Bodkin hath not paid to the said Middlecutt the Summe of thirty six pounds in mony or thereabouts due for the produce of one eighth part of the Ship Marmadon belonging to the saide Middlecutt, which saide Summethe saide Bodkin received for the use of the saide Middlecutt about Sixteen months since & due dammages according to Attachm^t Dat. December: 21^th 1672. [125] This accion was tried at January Court last (but Judgm^t not entred till this Court because the Defend^t was not in y^e Country) . . . The Jury . . . founde for the plaintiffe thirty six pounds dammage in mony & costs of Court.

Middlecutt cont^a Bodkin

Richard Middlecutt plain^t cont^a Dominick Bodkin Defend^t in an accion of the case for a just & true account & the produce thereof of one third part of a Cargo of goods that cost the whole Cargo about three hundred twenty one pounds nineteen Shillings in Ireland & there Shipped aboard the Johns Adventure Edward Winslow Master by Andrew Blake & Peter Kirwan & consigned to William Bickham Dominick Bodkin & Richard Middlecutt or theire assignes in Boston in New England as per bill of Lading & otherwise may appeare, which saide Cargoe was here received by the saide Bodkin for himselfe & in behalfe of the rest concerned as appeares by his receipt on the backside of the aforesaide bill of lading reference thereunto being had & other due damages according to Attachm^t Dat: Decernb^r 21^th 1672. This Accion was tried at January Court last (but the Defendant not being in the Country judgment was not entred till this Court). . . . The Jury . . . founde for the plaintiffe that the Defend^t deliver unto the plaintiffe within one month a just and true Account & produce thereof of one third part of a Cargo of goods inserted in the Attachm^t& costs of Court or in Default to pay the plaintiffe one hundred & twenty pounds with costs of Court.

Jones Fined 10^s

Thomas Jones of Hull not appearing according to Summons to serve on the Jury of Tryalls at this Court. The Court fined him ten Shillings in mony to the County. [126]

[Bellingham executors v. Smith]

M^r John Oxenbridge m^r James Allen & m^r Anthony Stoddard Executo^rs to the late Richard Bellingham Esq^r his will, having an action depending in Court against Leif^t John Smith of Winnisimmett: The Dep^t Gov^r declared in open Court his dissent from m^r Whartons being an Attourny to the saide Smith (who did in open Court declare that m^r Wharton was the cause of the action) the person viz^t m^r Wharton being one under bonds of good behaviour.

[See above, pp. 228–31, 237–8, 240–41.]

M^rs Mannings Liberty

M^rs Anne Manning had liberty granted her till the next Court of this County to bring in an Inventory of the Estate of her late Father m^r Richard Parker deceased.

Freemen Sworn

Edward West & Jonathan Morse both of Medfeilde tooke the oath of Freedom of this Colony.

Judson’s Sentance

Sarah Judson of Dedham, complained of to this Court for committing Fornication & having a bastard Childe, which shee owned in Court. The Court doe Sentance her to bee whip’t with twenty Stripes or to pay five pound in mony fine to the County & Fees of Court standing comitted &^a.

Committee for Milton

The Court appoints & Empowers Capt^a Hopestill Foster Capt^a Richard Brackett & Serj^t Thomas Gardn^r as a Committee to repaire to Milton & veiw a new highway laide out in that Town & to hear the objections of any persons against the saide way & theire reasons for it & to compose theire differences if it may bee, but if not to represent them to the next Court of this County: & all persons concerned are required to attend the saide Committee, they being to appoint the time.

Chandler’s discharge

Vpon due proclamacion made John Chandler was discharged from his bonds of good behavio^r

Durall’s Sentance

Nicholas Durall, being committed for stealing Horses (the one belonging to m^r William Brown jun^r the other to John Turno^r) saddles & Bridles out of m^r William Brown senio^r of Salem his Stable on the Sabbath day, which hee confessed in Court & saide there was five of them, which complotted to run away viz^t John Burington, Edward Fish Becketts man, Richard Hollingsworths Negro Tom, Thomas Clarke Cliffords Serv^t & himselfe & that hee opened the stable dore by taking out the pin which Fastened it. The Court Sentances the saide Durall to bee whip’t with five & twenty Stripes severely laide on & to pay to m^r William Brown jun^r Fifteen pounds in mony to John Turno^r eight pounds in mony to m^r William Brown sen^r Sixteen Shillings in mony & to Thomas Ives ten Shillings in mony being halfe that three fold restitution that the law requires & to pay Fees of Court standing committed &^a

Burringtons Sentance

John Burrington, being committed for Stealing Horses (the one belonging to M^r William Brown jun^r the other to John Turno^r) Sadles & bridles out of m^r William Brown sen^r of Salem [127] his stable on the lord’s day, which he confessed in Court & saide there was five of them as Durall had saide that had complotted together to run away & they were a month in Effecting theire designe & also confessed that hee stole out of his Master John Becket his sonn’s Chest severall wearing clothes. The Court doe Sentance saide Burrington to bee whip’t with twenty stripes severely laide on & to pay to m^r William Brown jun^r Fifteen pounds in mony to John Turno^r eight pounds in mony to m^r William Brown sen^r Sixteen Shillings in mony & to Thomas Ives ten Shillings in mony being halfe that threefold restitution that the law requires & to his Master John Becket three pounds sixteen Shillings in mony & his goods againe & to pay Fees of Court standing committed &^a

Freak’s Adminis^r

Administracion to the Estate of Francis Sampson late of Nevis deceased is granted unto m^r John Freake hee bringing in an Inventory of saide Estate upon Oath & giving security to Administer according to law.

Court Order about Ship Providence

In Answer to the petitions presented to this Court by Henry King & Edward Bant who lately brought into the River of piscataquay the Ship Providence of Falmoth, whereof saide King was Mate in a Voiadge from England to Virginia in which Voiadge they were surprized by a Dutch man of Warr & by the Petition^rs & Company rescued out of theire hands who haue since surrendred the saide Ship & her lading into the hands of m^r Nathaniell Fryer for the securing of & looking after both in behalfe of the owners. The Court doe order & empower m^r Elias Stileman & m^r Henry Deering together with saide Fryer or any two of them to take a perticuler Acco^t of y^e state of saide Ship & to Inventory the Goods brought in by & belonging to her & to make provition for the securing of both for the right Owners, making a return thereof to the present Dep^t Gov^r by the seventh of May next: And the saide Fryer is further ordered to disburst for the Company arrived in the saide Ship what maybee for the Supply of theire pu^rsent necessities & alsoe order that hee take care that the 8 Dutchmen brought in prison^rs in the saide Ship bee forthwith brought to Boston before Authority to bee disposed of as the matter may require & for the other parts of the Peticions touching Salvage or Wages the Court refers them to the Councell at theire next meeting.

These Petitions were sent for & delivered into the Councill at theire Sitting.

[Most of the papers of this maritime case, including descriptions of several minor sea fights in the third Anglo-Dutch war, are printed in the Records of the Court of Assistants, iii. 226–29. The Providence, of Falmouth, Captain Thomas Raddon, was an English vessel laden with a mixed cargo for Virginia. She sailed from Plymouth on January 15, 1673, in a convoy of ninety sail, from which she parted eighty leagues west of Scilly. On April 4, 1673, when approaching the Capes of the Chesapeake, the Providence was captured by the frigate Staatswelvaart (Commonwealth) of Flushing, 12 guns and 96 men, commanded by Cornelius Drelincourt. The “master merchant” and 10 men were taken aboard the Staatswelvaart, while Captain Raddon and six men were left on the Providence, under command of the Dutch prize crew. The Providence became separated from her captors, and six days later met with a sail which proved to be the Little Barkley of London, Captain Nicholas Prynne. Upon her approach the Dutch commander, presenting a pistol at Captain Raddon’s breast, forced him to answer the Barkley’s hail by an invitation to come aboard. Having accepted, the visitors (who included Edward Bant the mate) were surprised and overpowered by the Dutch, three of whom went on board the Little Barkley and made prize of her. The following day, while Edward Bant and his men were prisoners in the hold of the Providence and the Dutchmen were ransacking the Barkley, the Englishmen remaining on the Barkley surprised their Dutch captors and sailed away with the vessel. About six hours later, the two groups of Englishmen on the Providence made a concerted rush on the Dutch prize crew, overcame them, and brought the Providence under her original captain into the harbor of Piscataqua (Portsmouth, New Hampshire), which was then within the Massachusetts Bay jurisdiction. Numerous claimants appeared for the very valuable cargo of the Providence. Captain Raddon, faithful to his owners, wished to proceed on his voyage to Virginia; King and Bant, the two mates, demanded salvage; the rest of the crew, wages. Allwin Child put in a claim on the ground that Captain Raddon had not done “his duty as he ought and might” in failing to seize upon one John Terry, who by mutiny had taken the Portuguese vessel St. Anthony, consigned to the said Child. The matter was referred to the Council of Magistrates. On June 11, 1673 Governor Leverett and the magistrates ordered Nathaniel Fryer to turn the Providence “and what was in hir” over to Captain Raddon, for the use and benefit of the owners; and after the Captain had bonded himself in the sum of 500l to hold the Colony harmless against any consequences of Child’s allegations being proved, he was allowed to proceed to Virginia.

The following inventory of the stores and equipment of the Providence is in S. F. 1257.16, where her complete bill of lading will also be found.

2 brass panns	fore bouleings & braces & clue garnets
69 Duch blue potts	fore Jeere
2 small Sloope sayles	fore buntlins & fore top saile clulings
3 small quoiles cordidge	fore top mast Staye
4 quarter caske of brandy	fore topsaile bouleing & lifts
2 puncheons of mault	fore topsaile sheetes
3 small caske of wine, 1 part out s^d to be the Mast^rs	fore topmast backstayes
40 white Jarrs of oyle	fore topsaile tie & halliards
13 doz: stone bottles	fore tacks
11 barrells of Bread	fore topmast shrouds
1 old missen	fore sheets
1 old fore saile	fore sheete blocks
1 new fore topsaile	fore topsaile sheete blocks
1 maine top saile	Maine boleings—Missen Brades
1 maine saile	Maine topsaile lifts
1 fore saile	Maine top saile braces
1 maine topsaile	Maine brases
1 Ensigne	Maine topsaile tie & Halliarde
1 Jack	Maine clue gamete
1 pennant	Maine leich linee
1 long boats new maine saile & fore saile	Maine top mast back staiee
1 sprittsell topsaile	Maine topmast sheete
1 new spritsaile	Maine topmast shroude
1 maine saile	Maine buntlins
1 missen top Saile	Maine topsaile bowleings
1 missen	Maine tacke
1 old fore top saile	Maine topmast clulings & lifts & maine Jeere
1 fore topsaile	Maine topmast staye, to[p]mast bunt lins
1 old fore saile	Maine Sheets, Sheete blocks]

Cap^t Scarletts fine remitted

Vpon the request of Capt^a Sammuell Scarlett, The Court remitts the fine of twenty Shillings imposed on him by the last County Court for not attending the service of the Jury.

Mendum presentm^t Dismissed

Vpon the acknowledgment of the Church of Mendum & the Testimony of the Church Messengers; theire presentm^t is dismissed & the Court leaues them to attend the law. [128]

Medfeilde Commission^rs

Vpon the request of the Town of Medfeilde Cap^t George Barber m^r Ralph Wheelock & Deacon Thomas Wight are appointed Commission^rs for theire Town to end small causes for the yeare Ensuing.

Weymoth Commission^rs

Vpon the request of the Town of Waymouth, The Court appoints Capt. William Torrey Leif^t John Holbrook & Deacon Thomas Dyer Commission^rs to end small causes for the saide Town for the yeere Ensuing.

[Discharges from bonds]

Vpon due proclamacion made Humphry Cornby was discharged from his bonds of good behaviour.

Vpon due proclamacion made Sammuell Smith was discharged from his bonds of good behaviour.

Vpon like proclamacion Thomas Leader was discharged from his bonds of good behaviour.

Vpon like proclamacion Jacob Wainwright was discharged from his bonds of good behaviour.

Chamberlin’s Sentance

William Chamberlin of Hull being presented for absenting himselfe from the publique worship of god on the Sabbath daeys which hee owned in Court. The Court Sentances him to pay twenty Shillings in mony fine to the County with Charges of prosecution & Fees of Court standing committed &^a

Owens Sentance

Thomas Owen, Servant to John Cleare jun^r being committed for wounding John Harker in the Arme with a Shoemakers knife of which hee was convict in Court. The Court doe Sentance him to bee whip’t with Fifteen Stripes & to pay to John Harker four pounds in mony & Fees of Court standing committed &^a

Veering discharg^d from his bonds

Vpon due proclamacion made John Veering was discharged from his bonds of good behaviour.

Grant discharg^d from his bonds

Vpon due proclamacion made Thomas Grant was discharged from his bonds of good behaviour.

Hunters crime

Mary Hunter bound over to this Court for committing of Fornicacion & having an illegitemate Childe which shee owned in Court & charged Joseph Cowell with being the Father of her Childe & tooke her Oath thereof as followeth. You doe here Swear by the great & dreadfull name of the everliving god that the child lately born of yo^r body being a Son was begotten by Joseph Cowell & that hee & noe man else is the Father thereof, soe help you god.

Sworn in Court. pr^o May 1673. As Attests Isaac Addington Cler.

Hunters Sentance

The Court having considered of her offence doe Sentance her to bee severely whip’t with thirty stripes & to pay Fees of Court standing committed till the Sentance bee performed. [129]

Cowell’s Sentance

Joseph Cowell, being bound over to this Court to Answer vpon suspicion of his committing Fornicacion with Mary Hunter hee being called to Answer to it did not appeare his Sureties being called to bring him in made noe answer. The Court ordered a default to bee Entred: but afterwards appearing & being convict of too much familiarity with the saide Hunter & shee Swearing that hee & onely hee was the Father of her illegitemate Childe. The Court Sentancet the saide Cowell to bee whip’t severely with thirty Stripes & to pay four shillings a weeke one third in mony one third in goods & one third in provitions towards the maintenance of the Child lately born of the body of the saide Mary Hunter untill hee either marry with her or this Court take further Order & to pay Fees of Court standing committed &^a The saide Cowell next day sent in a petition to the Court wherein hee did confess that he was the Father of the Childe lately born of saide Mary Hunter.

Zachariah Indian’s Sentance

Zachariah Indian, being committed for Stealing a horse belonging to Thomas Avery of New London out of the yard of Sammuell Williams of Roxbury all which hee confessed in open Court: The Court Sentances him to bee whip’t severely with twenty Stripes & to pay to saide Thomas Avery seven pounds in Mony & Fees of Court standing committed &^a.

Bullard & Adams’ Discharge

Vpon certificate form Capt^a George Barber of Medfeilde John Bullard & Jonathan Adams are both discharged from ordinary treynings.

Camble Presented

The wife of Charles Camble & her eldest Daughter being presented for pernicious lying & making disturbance among the Neighbours, the woman appeared not by reason of Sickness but the Daughter appearing & her Father testifying that shee had been corrected privately. The Court admonished her & soe dismissed her.

Stiles Presented

Robert Stiles being presented for an idle person: The Court admonished him & soe dismissed him.

Lincoln present^d

Daniell Lincoln sonne of Sammuell Lincoln being presented for cutting off the eares of a Sheepe & selling that Sheepe which was none of his own, of which hee was convict in Court. The Court Sentanceth him to bee admonished in open Court & to pay charges of prosecution & Fees of Court.

Execucion issued. 30. 7^mo 73. for. 16 y^e 8. m^o to Baker & Loring

Committee for auditing y^e Treasure^rs Acco^ts

The Court appoints Capt^a Hopestill Foster Capt Joshua Hubbard & Capt James Oliver to bee a Committee to audit the two Accounts for the yeare. 1671. & 1672. given into the Court by the Worshipfull Edward Tyng Esq^r Treasuro^r of the County of Suffolke & to make return thereof to the next Court of this County.

Read’s discharge

Vpon due proclamacion made William Read jun^r was discharged from his bonds of good behaviour. [130]

Vpon due proclamacion made Fathergon Dinely was discharged from his bonds of good behaviour.

Freemen Sworn

Capt^a Daniell Henchman Timothy Thornton Ephraim Searle & William Smith all of Boston; tooke the Oath of Freedom of this Colony.

Veering’s Sentance remitted upon paiment of: 5^li

Vpon the humble petition of Mercy Veering The Court remits the former Sentance against her, of the last County Court’s upon her paiment of a fine of five pounds in mony to the County within six weeks & in default of paiment then her Sentance to bee forthwith Executed on a thursday after Lecture.

Court Order to m^r Rock

Whereas Administracion was granted to m^r Joseph Rock upon the Estate of the late m^rs Martha Coggan Executrix to m^r John Coggan: This Court doe order that the saide administrato^r bring in an account of his administracion to the next Court of this County, that the Court may take such further order thereabout as they shall see meete.

Fairebank’s Sentance

George Fairebank in or neere Medfeilde being presented for absenting himselfe from the publique worship of god on the Sabbath dayes, hee owned the presentm^t as to Medfeilde, but saide hee went often to other places as to Dedham & ^a The Court having considered of his offence Sentance him to bee admonished in open Court & to pay charges of prosecution with Fees of Court.

Fairebanks’s Sentance

Sammuell Eleazer & Jonas Fairebank sonnes of saide George Fairebank being complained of by Joseph Clarke Constable of Medfeilde that they abused him in the Execucion of his office in taking away from him his constables Staffe: the saide Jonas Owned in Court that hee tooke the saide Staffe & carried it out of dores with him but saith hee brought it in againe, the Constable denied that hee had it afterwards; And that the saide Eleazer Fairebank made his Escape from saide Constable when hee came with an Attachm^t to secure him for appearance at the Court to answer as aboue after he had served it on him: The Court having considered theire offence doe Sentance the saide Sammuell Eleazer & Jonas Fairebank to deliver to Jonas Clarke Constable of Medfeilde his Constables Staffe within eight dayes next following or to pay Forty Shillings in mony fine to the County with Charges of prosecution & Fees of Court & further there being a complaint Exhibited to the Court by the Selectmen of Medfeilde against Jonas Fairebank for breaking open theire School house dore: The Court orders the saide George Fairebank to give bond of five pounds for his Son Jonas his appearance to Answer for the same [131] at the next Court of this County unless in the meane time hee give satisfaction to the saide Selectmen for the same being certified under theire hands to this Court: The saide George Fairebank acknowledged himselfe in open Court bound accordingly.

Execucion issued for 30^s 6. 4^mo 1673

bond for Jonas Fairebanks appearance at next County Court

Adams fined 5^li

Jonathan Adams of Medfeilde being presented for absenting himselfe from the publique worship of God on the Sabbath dayes, hee owned in Court that hee worship’t God but did not frequent the publique Assembly. The Court having considered of his offence Sentance him to pay five pounds in mony fine to the County & Fees of Court.

Court order about Birch

Jonathan Birch, being complained of by the Selectmen of Dorchester for living Idely & they putting in caution against his residing in theire Town: The Court orders the Selectmen of Dorchester to dispose of the saide Jonathan Birch to Service according to Law; unless hee provide himselfe of a Master to theire approbacion within ten dayes next following

Starkey bound to the behavio^r

John Starkey being bound over to this Court & also presented by the Grand jury for conveying away Jamina Biss from under the law being Suspected to bee with Childe: The saide Starky desired the Liberty of a Jury, which was granted . . . The Jury . . . finde the aforesaide Starkey suspitiously guilty for being instrumentall in or hiring William Timberlak to convey away Jamina Biss late Drue which went under the name of Elisabeth Marten: The Court doe Sentance the saide Starkey to give in bond for the good behaviour till the next Court of this County one hundred pounds himselfe & fifty pounds a peice two Sureties which hee accordingly did under hand & Seal:

Whitwell bound over to the Court of Assistants

Bartholmew Whitwell, being bound over to this Court to answer for his horses killing of a [132] Childe of Christopher Smiths: The Court Orders that the saide Whitwell give bond of two hundred pounds himselfe & one hundred pounds apeice two Sureties to Answer it at the next adjournment of the Court of Assistants.

Timberlak bound to the behavio^r

William Timberlak bound over to this Court to answer for his conveying away Jamina Biss late Drue from under the cognisance of the law who is suspected to bee with childe & from her relacions The Court orders that the saide Timberlak give bond of one hundred pounds himselfe & fifty pounds apeice two Sureties for his good behavio^r till the next Court of this County & then to appeare standing committed till hee performe it

Gatch admonisht

Edmund Gatch Servant to Robert Sanford bound over to this Court to Answer for his overrunning of a Childe with his Cart, which hee owned in Court The Court Sentances him to bee admonished & to pay Fees of Court.

Court order to Deacon Parcke

In Answer to the Petition of Deacon William Parck’s: The Court doe order & hereby Empower the saide Parcke to dispose of & put out to Service the Childe lately begotten in his house by Silvanus Warro his Negro, till it bee thirty yeares of age for the defraying those necessary charges hee hath expended about the keeping thereof.

Hudsons Licen^c & bond

On certificate from the Select men of Boston Capt^a William Hudson had his Licence renewed for the yeare Ensuing to keepe a house of publique Entertainm^t & to sell wine beere & brandy by Retaile: and the saide Cap^t William Hudson as principle in ten pounds & Daniell Stone & Marshall Richard Wayte as Sureties in five pounds apeice acknowledged themselues jointly & severally bound to the Treasuro^r of the County of Suffolke on condicion that the saide Cap^t Hudson shall observe the Laws title inkeepers with all theire additions & if hee shall sell Sider not to sell it for aboue two pence per quart & that hee shall not allow of any gaming in his house.

[Boston Licences]

On Like certificate m^r John Viall had his Licence renewed for the yeare Ensuing to keepe a house of publique Entertainment & to sell wine & beere by retaile & the saide John Viall as principall in ten pounds & Dan^ll Staone & John Woodmancy as Sureties in five pounds apeice acknowledge themselues bound as abouesaide.

On Like certificate John Turno^r had his Licence renewed for the yeare Ensuing to keepe a house of publique Entertainment & to sell wine & beere by retaile & the saide John Turno^r as principall in ten pounds & Cap^t James Oliver & Thomas Blighe as Sureties in five pounds apeice acknowledged them selves bound as abousesaide.

On like certificate Cap^t William Wright had his licence renewed for the yeare Ensuing to keepe a house of publique entertainment & to sell wine & beere by retaile & the saide Cap^t Wright as principall in ten pounes & Rich^d Woody & Tho: Bingly as sureties in 5^li apeice acknowledged themselves bound as Abouesaide

On like certificate Francis Hudson had his lecence renewed for the yeare Ensuing to keepe a house of publique Entertainment & to sell beere & Sider by retaile & the saide Hudson as principali in 10^li & Danieli Turili sen^r & Tho: Bill as Sureties in 5^li apeice acknowledged themselves bound as abouesaid. [133]

On like certificate Clement Gross had his Licence renewed for the yeare Ensuing to keepe a house of publique Entertainment to sell beere & sider by retaile & the saide Gross as principali in 10^li & Cap^t W^m Hudson & Marshall Richard Wayte as sureties in 5^li apeice acknowledged themselves bound as afore saide.

On Like certificate the Widdow Vpshall had her Licence renewed for the yeare Ensuing to keepe a house of publique Entertainment to sell beere & Side^r by retaile & Tho: Bill for y^e s^d Vpshall as principali in 10^li & as Surety in 5^li more & Danieli Turili sen^r as Surety in 5^li acknowledged themselves bound as aforesaide.

On like certificate William Pollard had his licence renewed for the yeare Ensuing to keepe a house of publique Entertainm^t to sell beere & Sider by retaile & y^e saide W^m Pollard as principall in 10^li & Cap^t James Oliver & John Woodmancy as Sureties in 5^li apeice acknowledged themselves bound as aforesaide.

On Like certificate Nathaniell Bishop had his licence renewed for the yeare Ensuing to keepe a house of publique entertainm^r & to Sell Beere & Sider by retail & the s^d Bishop as principali in 10^li & Cap^t James Oliver & James Brading as Sureties in 5^li apeice adknowledge themselves bound as aforesaid.

On like certificate Sammuell Norden had his Licence renew^d for the yeare Ensuing to keepe a house of publique Entertainm^t to sell beere & Sider by retaile & the s^d Norden as principall in 11^li & W^m Kent & Sammuell Mosely as Sureties in 5^li apeice were alike bound.

On like certificate Robert Cox had his licence renewed for the yeare Ensuing to keepe a house of publique Entertainm^t to sell beere & Sider by retail & the s^d Cox as principali in 10^li & Benjⁿ Negus & John Keyne as Sureties in 5^li apeice were alike bound.

On like certificate John Francks had Licence granted him to keepe a house of publique Entertainm^t for the yeare Ensuing to sell beere & Sider by retail & the s^d Francks as principali in 10^li & Rich^d Woody & John Woodmancy as Sureties in 5^li apeice were alike bound

On Like certificate Widdow Courser had her Licence renew^d for the yeare Ensuing to keepe a house of publique Entertainm^t to sell beere & sider by retail & Tho: Dewer as principali & Surety in 15^li & Richard Knight as Surety in 5^li were alike bound.

On like certificate Edmund Jackson had Licence granted him to keepe a house of publique Entertainm^t for the yeare ensuing to sell beere & sider by retail & y^e s^d Jackson as principali in 10^li & Tho: Matson sen^r & John Andrews as Sureties in 5^li apeice were alike bound. [134]

On Like certificate L^t John Smith of Winnisimmet had his Licence renewed for the yeare ensuing to keepe a house of publique Entertaim^t to sell beere & Sider by retaile & y^e s^d John Smith as principali in 10^li & Rich^d Wharton & Jn^o Osborn as Sureties in 5^li apeice were alike bound.

On Like certificate William Salter had his Licence renewed for the yeare ensuing to sell beere & Sider by retaile & the s^d William Salter as principali in 10^li & Jonath: Negus & Joseph Belknap as Sureties in 5^li apeice were alike bound & especially that y^e s^d Salter should observe the Laws respecting the excise.

On Like certificate Widdow Wardell had her licence renewed for the yeare ensuing to keepe a house of publique Entertainment to sell beere & Sider by retail & Seth Perry her son as principali in 10^li & Arthur Mason & Ephraim Savage as Sureties in 5^li apeice were alike bound.

On Like certificate William Kent has his Licence renewed for the yeare Ensuing to keepe a Cookes Shop & as an addition to sell wine & strong beere with his victualls & the s^d W^m Kent as principali in 10^li & Cap^t James Oliver & L^t Jn^o Smith as Sureties in 5^li apeice were alike bound.

On Like certificate Rebecca Winsor had her licence renewed for the yeare ensuing to keepe a Cookes Shop & had as an addition Licence granted her to sell strong beere w^th her victualls & the s^d Rebecca Winsor as principali in 10^li & Cap^t James Oliver & James Brading as Sureties in 5^li apeice were alike bound.

On Like certificate Benjⁿ Phippen had Licence granted him to keepe a Cookes Shop & to sell strong beere with his victualls & the s^d Benjⁿ Phippen as principall in 10^li and John Warren & Phillip Squire as Sureties in 5^li apeice acknowledged themselves alike bound

On like certificate Eliz^a Connigrave had Licence granted her to keepe a Cookes Shop & to sell beere at one penny per quart & the s^d Connigraue as principall in 10^li & Jon^a Shrimpton & Tho: Piatt as Sureties in 5^li ap^s acknowledged themselves bound as afore that the s^d Connigraue shall not transgress the laws by exceeding her Licence.

On Like certificate W^m Norton had licence granted him to sell strong beere out of dores & the s^d Norton as principall in 10^li & Daniell Turill sen^r & Tho: Bill as sureties in 5^li apeice acknowledge themselues bound as aboue.

William Toy had licence granted him to distill & retaile strong Waters by small quantities & the s^d Toy as principall in 10^li & Jn^o Toy & Isaiah Toy as Sureties in 5^li apeice acknowledged themselues bound [135] as afore on condicon that the s^d Toy shall observe the Laws concerning distilling & retailing of strong waters

Thomas Smith had his Licence renewed for the yeare Ensuing to distill & retail strong waters by small quantities & the s^d Smith as principall in 10^li & Elisha Cooke & Rich^d Knight as Sureties in 5^li apeice acknowledged themselves bound as aboue.

Anne Puglice had Licence granted her for the yeare Ensuing to distill & retail strong Waters by small quantities & George Puglice as principall for his wife in 10^li & Rich^d Collicot& William Bartholnew as Sureties in 5^li apeice were alike bound.

Elisha Hutchinson had his Licence renewed for the year ensuing to retaile strong waters by small quantities & the s^d Hutchinson as principall in 10^li& Richard Knight & John Vsher as Sureties in 5^li apeice were alike bound

Richard Way had his licence renewed for the yeare ensuing to retaile strong Waters by small quantities & the s^d Way as principall in 10^li & Cap^t W^m Hudson & Samm Mosely as Sureties in 5^li apeice were alike bound.

M^r Simon Lynde & John Sweete had theire Licences renew^d for the yeare ensuing to Sell strong Liquo^rs by small quantities to Fishermen as formerly.

M^rs Jane Bernard had her licence renewed for the yeare ensuing to keepe a house of publique Entertainm^t for the selling of Coffee & bottle Sider & Bartholmew Bernard her husband as principall in 10^li & Dan^ll Turell sen^r & Nathan^ll Adams sen^r as Sureties in 5^li apeice acknowledged themselves jointly & severally bound to the Treasuro^r of the County on condicion that the s^d Jane Bernard should observe her licence & not transgress the law.

[Licences of other towns]

On certificate from the Selectmen of Roxberry Samm: Ruggles had his Licence renewed for the yeare Ensuing to keepe a house of publique Entertainm^t & sell wine & beere by retail & the s^d Ruggles as principall in 10^li & John Morse & Tho: Skinner as Sureties in 5^li apeice acknowledged themselves bound as aboue saide.

On certificate from the Selectmen of Dorchester Nicholas George had his Licence renewed for the yeare ensuing to keepe a house of publique Entertainm^t & to sell wine & beere by retail & y^e s^d Nicholas George as principall in 10^li & William Kent & Sam: Mosely as Sureties in 5^li apeice acknowledged themselves bound as aboue.

On certificate from the Selectmen of Milford W^m Daniell had his Licence renewed for the yeare ensuing to keepe a house for publick entertain^t [136] & to sell wine & beere by retaile & the s^d William Daniell as principall in 10^li & Rob^t Badcock & Edward Voss as Suraties in 5^li apeice acknowledged themselves jointly & severally bound to the Treasuro^r of the County of Suffolke on condicion that the s^d Daniell should observe the laws title inkeepers with all theire addicions & that if hee sold Sider hee should not sell it for aboue two pence per quart & that hee should not allow of any gameing in his house.

On certificate from the Selectmen of Brantery John Mills had his Licence renewed for the yeare Ensuing to keepe a house of publique entertain^t & to sell wine & beere by retail & the s^d John Mills as principall in 10^li & Peter Bracket as Surety in 5^li acknowledge themselues bound as aboue.

On certificate from the Selectmen of Hull Isaac Lobdell had his Licence renewed for the yeare ensuing to keepe a house of publique entertain^t & to sell wine & beere by retail & the s^d Lobdell as principall in 10^li & John Bull & David Adams as Sureties in 5^li apeice acknowledged themselves bound as aboues^d

On certificate from the Select men of Hingham Nathaniell Beales had his Licence renewed for the yeare ensuing to keepe a house of publique Entertainment & to sell wine & Beere by retail & the s^d Beales as principall in 10^li & Joshua Hubbard & Isaac Johnson as Sureties in 5^li apeice were alike bound.

On Like certificate John Jacobs of Hingham had his Licence renewed for the yeare ensuing to keepe a house of publique Entertainm^t & to sell wine beere Sc strong Liquors by retail & the s^d Jacobs as principall in 10^li & Cap^t James Oliver & Joseph Webb as Sureties in 5^li apeice acknowledged themselves bound as aboues^d

On certificate from the Selectmen of Dedham Jn^o Aldis had his Licence renewed for the yeare ensuing to keepe a house of publique Entertainm^t to sell wine & beere by retail & the s^d Aldis as principall in 10^li & Cap^t James Oliver & Joshua Fisher as Sureties in 5^li apeice acknowledged themselves bound as aboues^d

The Court adjourned from the 2^d of May to the 29^th same. [137]

The Court met according to Adjournm^t May: 29^th 1673.

Present

Jn^o Leverett Esq^r Go^r
Edw. Tyng Esq^r
W^m Stoughton Esq^r
Tho: Clarke Esq^r

Order about Witherdens Estate.

M^r John Faireweather Constable having by vertue of a warrant from John Leverett Esq^r Dep^t Gov^r taken care to make provition for Mary Witherden in her sickness & since her death for her Funerall: The Court Orders the s^d m^r Faireweather to defray those charges expended upon the s^d Mary Witherden in the time of her Sickness & at her Funerall & to expose the rest of her Estate to Sale by an outcry in behalfe of the Credito^rs without they see good to bestow it on the Childe.

Dorman Morrice. Sent^a

Dorman Morrice, being bound over to this Court to answer for his abuseing & strikeing of the Watch in Boston of which hee was convict in Court: The Court Sentences the s^d Morrice to bee whipt severely with fifteen stripes & to pay Fees of Court standing committed &^a

Isaac Grosses Sent^a

Isaac Gross, being bound over to this Court to answer for his conveying & carrying away of Mary Mirack Serv^t to m^r Anthony Stoddard from her Relations & from the cognizance of the law shee being with Childe by Fornicacion & calling of her his wife upon his journy all which hee was convict of by his own confession: The Court Sentances the s^d Gross to pay five pound in mony fine to the County & to give in bond for his good behavio^r till the next Court of this County of 10^li himselfe fe 5^li apeice two Sureties & to pay Fees of Court standing committed &^a Afterwards upon his humble petition the Court was pleased to remit the bond for the behavio^r

Eliz^a Edsalls Sent^a

Eliz^a Edsall convict by her own confession in Court of concealing & hideing Mary Mirack & being instrumentall in conveying her away from under the cognizance of the law who was with Childe by Fornicacon. The Court Sentances the s^d Elisabeth to give in bond for her good behavio^r of 5^li apeice two Sureties till the next Court of this County & to pay Fees of Court standing committed &^a

Walwrights Sent^a

Jacob Wainwright bound over to this Court upon suspicion of his robbing one John Wales upon Boston neck in the night: s^d Wainwright Owned that hee came over s^d neck that night & that hee lay out of his Masters house; but it being proved that hee was at Roxbury at that time the Robberry was committed: The Court Sentances him for his night walking to bee sent to the house of correction & to bee received & entertained according to the Laws & orders of the house & to pay Fees of Court. Vpon [138] the humble request of his Father & himselfe the Court was pleased to remit this Sentance upon his paiment of a Fine of Fifty shillings in mony to the County & Fees of Court.

Chamberlins Sent^a

John Chamberlin bound over to this Court to Answer for the same as Wainwright: Owned that hee came from Roxbury late over the neck that night; but it being testified that hee was at Roxbury at the time when the Robbery was committed: The Court Sentances him for his night walking to bee sent to the house of correction & to bee received & entertained according to the Laws & Orders of the house & to pay Fees of Court: Vpon his humble request and promiss of Amendment The Court was pleased to remit this Sentance upon his paiment of a fine of thirty shillings in mony to the County & Fees of Court.

Alice Thomas Sent^a

Alice Thomas being bound over to this Court upon the accusation of an indian for selling him wine & the Court considering the order of the Generall Court relateing to s^d Thomas dated October 1672 against her inhabiting in this Town: The Court doe Sentance her to bee sent to prison till shee give in security of one hundred pounds herselfe & fifty pounds apeice two sureties for her observance of the s^d order of Generall Court & to pay Fees of Court: Vpon the request of saide Alice Thomas the Court granted her liberty till too morrow at twelve a clock to bring in her Sureties.

[This was not Alice’s first offense, nor her last. Consult index.]

Hoppins Sent^a

Stephen Hoppin sen^r bound over to this Court to Answer for his being drunck & lying in the highway, hee owned in Court hee might bee the worse for what hee had dranck at the time mentioned: The Court Sentances s^d Hoppin to bee whipt with ten stripes & to pay fees of Court.

Birches bond forfited

Jonathan Birch being bound over to this Court & Thomas Birch being his Surety, both principall & Surety made a default for non appearance upon due calling: The Court declares both principall and Sureties bond to bee forfited.

Smith fined. 5^li

Elisabeth Smith convict by her own confession in Court of selling strong liquors by small quantities contrary to Law: The Court Sentances the s^d Smith to pay five pounds in mony fine to the County according to Law. Sc to give in bond for the good behavio^r of 20^li her selfe Sc 10^li apeice two Sureties till the next Court of this County Sc to pay Fees of Court Standing committed &^a [139]

Wampus Sent^a

John Wampus being committed to prison to Answer for his being drunck Sc for breach of his bond in his wifes non appearance according thereunto before m^r Tho: Clarke Commission^r The Court Sentances the s^d Wampus to pay ten shillings in mony as a fine to the County Sc to give in bond for the good behavior^r of 20^li himselfe & 10^li apeice two Sureties Sc to pay Fees of Court standing committed Sc leaue the Treasuro^r to prosecute him for the breach of his bond.

The Committee appointed for the reedifying of the Castle upon theire motion to this Court are Empoured to allow of some meete person to sell beere upon Castle Island, taking caution according to law.

Couches discharge

Vpon due proclamacion made D^r Robert Couch was discharged from his bonds of good behavio^r

Hollidayes discharge

Vpon due proclamacion made Anne Holliday was discharged from her bonds of good behavio^r

Order about Bernards Estate

The Court Orders Sc Empoures the former Committee appointed by this Court to receive the claimes of the Credit^rs to the Estate of the late m^r Sam: Bernard deceased viz^t Cap^t William Davis & Capt Edward Hutchinson as a Committee to proporcion the s^d Estate to the severall Credito^rs

Chamberlin’s Fine respited.

Vpon the Peticion of John Chamberlin of Hull: The Court respites the fine imposed on him by this Court at theire first Session till the Court shall take farther Order Sc at present discharge him of his imprisonment.

Gay’s Administr^a

John Sweete Sc Edward Drincker personally appearing in Court did resigne 8c give up theire power of Administration to the Estate of the late Elisabeth Martin deceased Sc the Court grants administracon thereof to John Gay and Sammuell Gay of Dedham the other administrato^rs haveing formerly brought in an Inventory of s^d Estate Sc rendred an Acco^t to the present administrat^rs

Addingtons discharge

The Court Orders Isaac Addington to resigne up the place of Clarke of the County Court of Suffolke with the Records Sc papers thereunto belonging to m^r FreeGrace Bendall who is hereby restored to that place

Freemen Sworne

m^r Christopher Clarke, John Faireweather John Anderson Richard Bennett Daniell Travis Edward Willis Francis Hudson William Greenough Joseph Cock Lionell Wheatly John Wally Nathaniell Davenport, Isaac Addington Hopestill Foster Matthew Bernard John Woodmancy Timothy Batt John Osborn all of Boston tooke the Oath of Freedom of this Colony. [140]

Jones’s Licence & bond

On certificate from the Select men of Boston m^rs Dorothy Jones as an addicion to her Coffee house had Licence granted her to sell wine by retail for the yeare Ensuing & Morgan Joanes her husband as principall in 10^li & m^r Peter Lidgett & m^r Samm: Shrimpton as Sureties in 5^li apeice acknowledged themselves bound to the Treasuro^r of the County of Suffolke on condicion that the s^d Jones shall observe the laws title jnkeepers &^a

Keyn’s Licence & bond.

On like certificate John Keyne had his licence renewed for the yeare ensuing to keepe a Cookes shop Sc as an addition to sell strong beere with his victualls & the s^d John Keyne as principali in 10^li & William Kent & Francis Morse as Sureties in 5^li apeice acknowledged themselves bound as aboue.

This Court was dissolved.

29. July. 73.

Everill to Blackleadge

James Everell appeared before John Leuerett Esq^r Gov^r & Edward Tyng Esq^r & acknowledged a judgment against himselfe & Estate for one hundred twenty three pounds seventeen shillings seven pence mony unto John Blackledge Jun^r as Attests FreeGrace Bendall Cler.

John Blackleadge personally appeared in the Office & acknowledge that hee had received full Satisfaction for the aboue-written judgm^t done 7^br 29: 1674

as Attests Is^s Addington Cler.

1 It will be understood that all matter in this type is quoted.

2 Massachusetts Bay Records, ii. 38.

3 Which then included Muddy River (Brookline), Winnisimet (Chelsea), Rumney Marsh (Revere), and what is now Winthrop.

4 The Suffolk County of 1680 included the following towns and cities which were incorporated later than 1680: Bellingham, Medway, Franklin, Wrentham, Foxborough, Walpole, Sharon, Stoughton, Randolph, Canton, Quincy, Cohasset, Dover, Holbrook, Millis, Avon, Plainville, Norwood, Westwood, Wellesley, Norfolk, and Needham. The Hingham of 1680 may have included parts of present-day Abington, Norwell, and Scituate; while the Braintree of that day may have included parts of modern Brockton and Abington. (I am indebted to Albert H. Hall, Esq., for much of this information.)

5 But Cambridge, in Middlesex County, included the land on the right bank of the Charles that later became Brighton and Newton.

6 A Century of Population Growth (Bureau of the Census, 1909), p. 11.

7 Massachusetts Bay Records, i. 169.

8 See our Publications, xviii. 56 n¹.

9 William H. Whitmore, Ed., The Colonial Laws of Massachusetts, Reprinted from the Edition of 1660, with the Supplements to 1672, p. 132 (cited hereafter as Whitmore, Colonial Laws, 1660–1672); Whitmore, Ed., The Colonial Laws of Massachusetts, Reprinted from the Edition of 1672, with the Supplements through 1086, p. 21 (cited hereafter as Whitmore, Colonial Laws, 1672–1686).

10 H. L. Osgood, American Colonies in the Seventeenth Century, i. 190.

11 Norfolk County was entirely distinct from the present Massachusetts county of that name. It was organized in 1643 for the benefit of the recently annexed towns in New Hampshire, and also included Salisbury and Haverhill (Mass. Bay Records, n. 38); Pascataqua County apparently was carved out of Norfolk when the laws were revised (Whitmore, Colonial Laws, 1660–1672, p. 144). New Hampshire was organized as a separate Royal Province in January, 1679/80; and on February 4, the General Court of Massachusetts Bay recognized this unwelcome fact by relinquishing the Counties of Norfolk and Pascataqua, and declaring the towns of Salisbury, Amesbury, and Haverhill annexed to Essex County (Mass. Bay Records, v. 264).

12 Whitmore, Colonial Laws, 1672–1686, pp. 218, 221.

13 Osgood, i. 190–191.

14 Osgood, r., pp. 191–192; Whitmore, Colonial Laws, 1660–1672, pp. 132–133; Whitmore, Colonial Laws, 1672–1686, pp. 20–21. Several cases involving proceedings in the Cominissioners’ Court are indexed in this book under Cominissioners’ Court, e.g., Golden v. Clements, pp. 13–17.

15 Whitmore, Colonial Laws, 1672–1686, pp. 37–38. See this introduction, Conflict of Laws.

16 Whitmore, Colonial Laws, 1672–1686, pp. 28–29.

17 Possibly the petition of Mrs. Naylor against her notorious husband, referred by the County Court to the Court of Assistants (below, p. 96; and see Michelson v. Browne, p. 103) asked for a divorce. The divorced Whartons appear on p. 914.

18 Whitmore, Colonial Laws, 1672–1686, p. 36. The “Capital Lawes” in this compilation were still those of the Body of Liberties: idolatry, witchcraft, blasphemy, murder, manslaughter, bestiality, sodomy, adultery, man stealing, false witness, and conspiracy, with the addition of rape, cursing or smiting parents, or being a stubborn or rebellious son. The last two never seem to have been enforced, and there were no laws on the statute book for which loss of a “member” or banishment were prescribed. (Banishment was, however, imposed in some cases.) The inclusion of blasphemy among the capital laws makes it difficult to explain why the Suffolk County Court took cognizance of a case of that nature (below, pp. 114–115).

19 Whitmore, Colonial Laws, 1672–1686, p. 34.

20 Whitmore, Colonial Laws, 1672–1686, p. 3.

21 Id., pp. 34, 152.

22 Id., p. 38.

23 Whitmore, Colonial Laws, 1660–1672, p. 232; W^rhitmore, Colonial Laws, 1672–1686, pp. 206, 212, 272, 288, 294, 313.

24 Woody v. Harrison, pp. 654–655.

25 Patten v. Dyer, p. 215; Patten v. Woody, p. 215; Belcher v. Braintree Selectmen, p. 776.

26 Whitmore, Colonial Laws, 1672–1686, p. 152.

27 See Holowells v. Butler, at p. 1036; Simpson v. Salter, pp. 1040–1041.

28 Patten v. Winsley, at p. 384.

29 Bridgham Estate, pp. 848–849; Holowells v. Butler, at pp. 1033–1034.

30 Below, pp. 788–791.

31 Lechford, Plaine Dealing.

32 Winthrop’s Journal (1908 ed.) ii. 37.

33 The Laws and Liberties of Massachusetts, Reprinted from the 1648 Edition (1929).

34 Whitmore, Colonial Laws, 1660–1672, p. 141, title Counsel, Advice.

35 Id., p. 224.

36 Whitmore, Colonial Laws, 1672–1686, p. 211. See also title Attachments, Summons, sec. 3, id., pp. 7–8.

37 Introduction to Proceedings of the Court of Appeals of Maryland, 1695–1729.

38 See Patten’s power of attorney from England, pp. 377–378; Addington v. Timberlak, p. 242, where Addington was attorney for a Rhode Islander.

39 Batt v. Harris, pp. 539–542. Judge Bond’s introduction mentions a feminine attorney in Maryland, who has been heralded as the first woman attorney at law in America.

40 Below, pp. 1153–1157. For other illustrations of lawyerlike arguments, see Patten v. Dyer, at pp. 373–375; Purkis v. Winder, at p. 1004; Danson v. Eliott, at p. 1090

41 Below, pp. 761, 766.

42 Order about Cornish, pp. 560–561.

43 Hutchinson, Atty, p. 95.

44 Below, pp. 14–15.

45 Below, pp. 295–296.

46 Below, pp. 388–390.

47 Below, pp. 550–554.

48 Below, pp. 563–564.

49 Below, pp. 451–453.

50 Below, pp. 1042–1044.

51 Below, pp. 899–900, 1047.

52 Below, pp. 1170–1171.

53 Below, p. 71. A few years after these volumes terminate, the Boston press began to issue printed forms and blanks for bonds and other legal documents. Broadsides, Ballads, &c., printed in Massachusetts (Coll. Mass. Hist. Soc., LXXV), pp. vii, 16. The earliest known copy of a printed bond is dated 1685, and is found in the Massachusetts Archives, XL. 529; the earliest found in the Suffolk Files is dated 1688.

54 History of Massachusetts Bay, i. 323 n.

55 Leverett, p. 312; Palmer, p. 1069; Leverett, p. 1153; Dowden, pp. 890–894.

56 See Ashton v. Gibbs, pp. 347–358; Whetcomb v. Gibbs, p. 512; Gibbs v. Whetcomb, pp. 587–592.

57 Below, p. 186.

58 Bellingham v. Smith, p. 248; Wharton v. Walley, pp. 745–746.

59 In 1686, Andros obliged attorneys to take oath upon admission to the bar. In 1701, a statute required such an oath. Warren, History of the American Bar (1911), pp. 72, 77–78.

60 History of Massachusetts Bay, i. 269–270 n. See also Dictionary of American Biography, ii. 166.

61 Legal Development in Colonial Massachusetts, 1630–1686, p. 144; see also pp. 5, 66 ff.

62 “The English Common Law in the Early American Colonies,” in Select Essays in Anglo-American Legal History, i. 367 ff. See also R. B. Morris, “Massachusetts and the Common Law: the Declaration of 1646,” American Historical Review, xxxi. 443.

63 Review of “Laws and Liberties of 1648,” in New England Quarterly, iii. 157–158.

64 Hilkey, pp. 66–67.

65 Poore, Federal and State Constitutions, Colonial Charters, etc., i. 940.

66 Below, pp. 373–376.

67 Darvall v. Dudson, at p. 366. See also Cooke v. Broughton, at p. 71.

68 Stuart and Ludden, at p. 406; Newcomb at p. 696. Title Man-slaughter in the revisions of 1660 and 1672 covered only killing in self-defense, etc.

69 Introduction to Proceedings of the Court of Appeals of Maryland, 1695–1729.

70 Scottow v. Shapleigh, at p. 1112.

71 Massachusetts Bay Records, II. 212

72 Below, p. 1105.

73 Mead v. Turner, pp. 36–43. An order of 1650 by the General Court as to this book is quoted by Warren, History of the American Bar, p. 71.

74 See this introduction, Attorneys and Magistrates.

75 Mittimus, pp. 191, 487; supersedeas, pp. 788–791.

76 Below, p. 298; see also for Latin phrases, pp. 533, 534, 536, 769.

77 Below, p. 163.

78 Ashton v. Gibbs, at pp. 347, 350, 351.

79 Patten v. Winsley, pp. 377–384.

80 Douglas Estate, pp. 1104–1105.

81 “King’s Law and Local Custom in Seventeenth-Century New England,” Columbia Law Review, XXXI. 416.

82 Hilkey, p. 68.

83 Earl of Oxford’s Case, 1 Chancery Rep. 1. This reference was suggested by Dean Pound as was also King v. University of Cambridge, 1 Strange 557, 567, where Chief Justice Pratt uses a Biblical illustration as late as 1736: “The objection for want of notice can never be got over. The laws of God and man both give the party an opportunity to make his defence, if he has any. I remember to have heard it observed by a very learned man upon such an occasion, that even God himself did not pass sentence upon Adam, before he was called upon to make his defence, Adam (says God) where art thou? Hast thou not eaten of the tree, whereof I commanded thee that thou shouldest not eat? And the same question was put to Eve also.” For other English examples, see Warren, History of the American Bar, p. 65 n; Ratcliff’s Case, 3 Coke Rep. 40a, b; Winfield, Chief Sources of English Legal History, p. 146.

84 Below, pp. 203, 309, 535, 892–893, 1116.

85 Below, p. 52.

86 Below, p. 568

87 Below, p. 624.

88 Below, p. 1155

89 Below, pp. 303–304.

90 Below, p. 615

91 Below, pp. 404–408.

92 Below, pp. 1147–1148.

93 Below, at pp. 1034, 1037. The same Biblical passage is unsuccessfully cited in Douglas Est., at 1105, as binding, in accordance with the preamble, in order to fill the gap in title Wills, which gave a decedent’s property to his heirs without defining who they were.

94 On the distinction between this principle of judicial consistency and the modern principle of the binding force of judicial decisions, see Winfield, Chief Sources of English Legal History, pp. 149 f. Some of the passages he cites from the Year-Books, of oral court-room discussion mentioning past cases, resemble the Massachusetts material described below. See also Lewis, “The History of Judicial Precedent,” Law Quarterly Review, xlvi. 341.

95 Below, at pp. 70–71.

96 Below, at pp. 365, 367.

97 Hutchinson v. Blake, pp. 271–274.

98 Below, at p. 714.

99 Below, pp. 797–799.

100 Below, at pp. 654–655.

101 Whitmore, Colonial Laws, 1672–1686, p. 38. See this introduction, Appellate Courts.

102 Peck v. Bonner, pp. 31–36.

103 Ashton v. Gibbs, pp. 347–358.

104 Below, pp. 99–100, 131–133, 201.

105 Clarke v. Nicholls, pp. 5–9, 98–99

106 Dinely v. Steenwick, pp. 167–173, 246–247, 292–293; Dinely, p. 234; Davis v. Dinely, pp. 568–569.

107 Clarke v. Lamb, pp. 1131–1136.

108 Below, pp. 1029–1037.

109 Pincheon v. Collecot, pp. 319–322.

110 Whitmore, Colonial Laws, 1672–1686, p. 9. See Kelly v. Blower, p. 13; Atkinson v. Williams, pp. 53–54; and other entries indexed under Barratry.

111 See this introduction, Attorneys and Magistrates.

112 Cooke v. Broughton, at pp. 70–71. The court nevertheless nullified the deed.

113 Hodges, at p. 190.

114 The same conclusion is stated by Washburn, Sketches of the Judicial History of Massachusetts (1840), p. 48. Goebel observes the same fact in Plymouth Colony and attributes it to the influence of the English county courts. “King’s Law and Local Custom,” Columbia Law Review xxxi 437–438

115 Three different English reporters have been examined for cases in the year 1670–1671. Out of twenty-four cases in 1 T. Raymond 189–218, only three are case; four are assumpsit, one general assumpsit, seven debt, three trespass, four replevin, one covenant, one words (slander). Out of twenty-four cases in 1 Levinz 285–301, only four are case; eight are debt, four assumpsit, two general assumpsit, and there is one each for trespass, ejectment, words (slander), account, trover, and covenant. Out of twenty-four cases beginning 2 Saunders 73, nine are case, a somewhat larger proportion; nine are debt, two ejectment, three assumpsit, and one trover.

116 For example, Leverett v. Ely, p. 4; Greenough v. Hazelden, p. 9; Hutchinson v. Douty, p. 11; Thayre v. Rose, pp. 322–325; Hudson v. George, p. 514.

117 Parker v. Champeroone and Leverett v. Ely.

118 Examples are Bacon v. Gold, p. 12; Oliver v. Woodmancy, p. 17; Cutler v. Hersy, pp. 44–45; Parker v. Corbyn, p. 316; Leverett v. Dowden, p. 882.

119 Sheafe v. Hawkins, pp. 1–3.

120 Anderson v. Cox, pp. 204–205; 287, Gross v. Pearce, p. 275; Clarke v. Clement, p. 636.

121 For example, Bucher v. Bastar, p. 17; Hastings v. Parks, pp. 97–98; Hudson v. Skinner, p. 290; Raynsfords v. Green, p. 853; Leverett v. Fox, p. 935.

122 Hudson v. Hunt, pp. 289–290.

123 Sanders v. Harris, p. 640.

124 Woodcock v. Sutton, p. 773.

125 Brackett v. Clarke, pp. 45–52.

126 Leeds v. Richards, p. 100; Bill v. Wayte, p. 271.

127 Goodman v. Cocke, pp. 200–201.

128 Mosely v. Mason, p. 65.

129 Lidgett v. Collins, pp. 43–44; Smith v. Carrington, p. 155.

130 Sandys v. Locke, pp. 205–209, Hutchinson v. Blake, pp. 271–274, are examples, and others will be found in the Index. See the form of the writ in Wbitmore, Colonial Laws, 1672–1686, p. 162.

131 Marsh v. Machee, p. 43; Baker v. Joy, p. 134.

132 Smith v. Cartwright, p. 10.

133 Dudson v. Darvall, pp. 385–387. Actions of defamation: MackDaniel v. Hale, p. 818, and Legg v. Flood, p. 880. Case upon defamation: Barnes v. Harwood, p. 984.

134 MackDaniel v. Hale, p. 818.

135 Below, p. 13.

136 Francks v. Ely, p. 135; Dudson v. Darvall, pp. 385–387.

137 Wbitmore, Colonial Laws, 1672–1686, p.

138 Id, P. 7.

139 See Jones v. Crispe, at p. 458.

140 Mass. Perpetual Laws, 1780–1800 (1801), i. 199.

141 No. 27. Reprinted in Whitmore’s Bibliographical Sketch of the Laws of the Massachusetts Colony (1630–1686), p. 39.

142 Massachusetts Bay Records, ii. 219.

143 Sheafe v. Palmer at pp. 829–830; Scottow v. Shapleigh, at pp. 1114–1116; Dudley v. Paige, at p. 1120, called “plea”; Townsend v. Williams, at p. 1127, in Court of Assistants; Cooke v. Oliver, at pp. 1146–1148. A declaration is mentioned in Gibbs v. Whetcomb, at p. 588.

144 Cooke v. Broughton, at p. 68; Cooke v. Oliver, at pp. 1148–1149.

145 Mead v. Turner, at p. 39; Dudley v. Paige, at p. 1120.

146 Whitmore, Colonial Laws, 1672–1686, p. 211.

147 Id., p. 7.

148 Robinson, “Anticipations under the Commonwealth of Changes in the Law,” Select Essays in Anglo-American Legal History, i. 480.

149 Plumb v. Parke, p. 146.

150 Henchman v. Rock, at p. 197; Giffard v. Leverett, p. 747; Saffin v. Jesson, pp. 774–775; Lynde v. Haughton, p. 1009.

151 Below, pp. 417–420.

152 Porter v. Appleton, pp. 1137–1139.

153 Below, p. 69.

154 Below, pp. 173, 760.

155 Cooke v. Oliver, pp. 1144–1150

156 Parmiter v. Perry, p. 294.

157 Cooke v. Broughton, at p. 73; Clarke v. Nicholls, at p. 79; Willys v. Baker, pp. 1073–1074.

158 Blackstone, Commentaries, iii. 418.

159 Oxenbridge Complaint, p. 437.

160 Sands v. Hutchinson, pp. 460–461.

161 Whaley, p. 1164.

162 Harris v. Edsall, p. 102; Scottow v. Felton, pp. 317–318; Lytherland v. Brown, pp. 500–504; Lytherland v. Veren, p. 529; Fogg v. Williams, pp. 656–660; Hukely to Rawson, pp. 677–678.

163 Select Essays in Anglo-American Legal History, i. 375.

164 Whitmore, Colonial Laws, 1672–1686, p. 6.

165 Walley v. Waite, pp. 802–803.

166 Below, pp. 139, 657.

167 Richardson and Read, p. 117.

168 Man v. Hews, p. 1058.

169 Bleaze v. Edwards, p. 925.

170 Title Tryals, Whitmore, Colonial Laws, 1672–1686, p. 152.

171 Mead v. Turner, at p. 39.

172 More v. Jones, pp. 156–158.

173 Dudley v. Paige, at pp. 1120–1121; Townsend v. Williams, at p. 1127. See also Sands v. Hutchinson, pp. 460–461, petition for respite of execution.

174 Hutchinson v. Paine, at p. 635.

175 Title Appeal, sec. 2; Snelling, pp. 1103–1104; Townsend v. Williams, at p. 1130.

176 Title Appeal, sec. 2; Jones v. Crispe, at p. 459; Flood v. Legg, at p. 859; Lidgett v. Smith, pp. 876–879; Hill v. Obbinson, at p. 1095; Cooke v. Oliver, at p. 1148.

177 Brattle v. Knight, at p. 799.

178 Hodges, pp. 190–193; Stuart and Ludden, pp. 404–408.

179 Hutchinson, p. 95.

180 Dowden, pp. 890–894.

181 Clarke v. Nicholls, pp. 5–9.

182 Sands v. Hutchinson, pp. 460–461.

183 Starkey, p. 258—abduction; Dobleday, p. 626—lasciviousness; Rigby, p. 940—drinking and wife-beating.

184 Stuart and Ludden, at p. 408—manslaughter. On early Massachusetts criminal trials without right to a jury, see Frankfurter and Corcoran, “Petty Federal Offences etc.,” Harvard Law Review xxxrx. 938–942.

185 In the Court of Assistants; Brattle v. Knight, at p. 799.

186 Kent v. Phillips, pp. 929–930; Savage v. Hutchinson, p. 1039; Maryon v. Wright, pp. 1121–1122; Indicott v. Kent, pp. 1140, 1144.

187 Hutchinson v. Sands, p. 470.

188 Cutler v. Jacob, p. 530.

189 Indicott, p. 1101.

190 Thayer, Preliminary Treatise on Evidence, pp. 130–132.

191 Skinner v. Lowell, at p. 391.

192 Legg v. Flood, pp. 1054–1055.

193 Title Jurors, Juries, sec. 5; Middlecott v. Scotto, pp. 821–822.

194 Batt v. Harris, at p. 540; see the form of the juror’s oath in Whitmore, Colonial Laws, 1672–1686, p. 167.

195 Clarke v. Nicholls, pp. 5–9, 98–99.

196 Bucher v. Bastar, p. 17; Checkly v. Williams, p. 372.

197 Lidgett v. Collins, pp. 43–44.

198 Bellingham Executors v. Smith, pp. 240–241; Middlecott v. Scotto, pp. 821–822.

199 Jones v. Crispe, at p. 459.

200. Hill v. Obbinson, at p. 1095.

201 Jay v. Wharton, pp. 577–578; Winslow v. Bendall, pp. 611–612; Norman v. Skinnar, pp. 803–806; Man v. Wing, p. 1039; Paige v. West, pp. 1080–1083.

202 Hutchinson v. Paine, at p. 536; see title Jurors, Juries, sec. 1, and this introduction, Equity.

203 Gibbs v. Whetcomb, pp. 587–592. The preceding cases leading up to the dispute are Edmunds, p. 486; Waters, pp. 490, 493; Whetcomb v. Gibbs, p. 512.

204 New England Quarterly, v. 812–818.

205 Lawton and Bonner’s Bond, at pp. 180–181, see also Lawton, at p. 304; Jay v. Woodmansey, at p. 577; Cooke v. Oliver, at p. 1150. The statute of May 15, 1672 (Whitmore, Colonial Laws, 1672–1686, p. 201) is not absolutely clear that only a jury in the Court of Assistants could be attainted whereas the verdict of a County Court jury had to be accepted by the bench. Such is the interpretation of Hilkey (Legal Development in Colonial Massachusetts, pp. 79–80), but neither Thayer (Preliminary Treatise on Evidence, p. 173 n) nor Reinsch (in Select Essays in Anglo-American Legal History, I. 379) speaks of such a limitation. It seems possible that the “unless” clause in the statute of 1672 modifies the whole preceding portion of the sentence and not merely the preceding clause. The statute of September 10, 1684, modifying attaints (Whitmore, Colonial Laws, 1672–1686, p. 319), throws no light on the problem. The three attaints in this book, cited above, were against juries in the Court of Assistants. Unquestionably, the attaint was always tried by a jury of twenty-four in the Court of Assistants.

206 J. H. Wigmore, Treatise on Evidence (2d ed. 1923) i. 108.

207 Title Witnesses, sec. 1, enacted in 1641.

208 Waldren v. Smith, at p. 203; Stoughton v. Bishops, at p. 297; Noakes, pp. 308–310; Hutchinson v. Paine, pp. 530–536; Dowden, pp. 890–894. On the history of the numerical system of counting witnesses, which England was already abandoning, see Wigmore, iv. 300.

209 Golden v. Clements, at p. 15.

210 Title Indians, sec. 10; Prince, p. 181; Penniman, p. 328; Eaton, p. 491.

211 Mason, p. 1013.

212 Newcomb pp. 695–697; Clarke v. Lamb, pp. 1134–1135.

213 Massachusetts Bay Records, iv (1). 27.

214 Below, p. 480.

215 Below, pp. 1030–1031.

216 Waldren v. Smith, pp. 202–204; Joy v. Baker, pp. 393–394; Jay v. Woodmancy, pp. 572–577; Batt v. Welds, pp. 614–617; Lidgett v. Smith, pp. 876–879; Cooke v. Oliver, pp. 1144–1150.

217 Below, p. 169.

218 Clarke v. Holmes, pp. 1079–1080; Cooke v. Oliver, at pp. 1144–1145.

219 Purkis v. Winder, pp. 1002–1005.

220 Stoughton v. Bishops, at p. 299; Waldron v. Marshall, at p. 763.

221 Patten v. Winsley, pp. 377–384; Waldron v. Marshall, pp. 759–764; Proutt v. Scarlett, pp. 792–793; Drurey Fined, pp. 837–841; Holowells v. Butler, pp. 1029–1037; Dudley v. Paige, at pp. 1119–1120

222 Woody v. Harrison, at p. 653; Williams v. Fogg, pp. 685–687.

223 Below, pp. 1145–1146.

224 Wigmore, iii. 330 ff.; Woody v. Harrison, pp. 651–656.

225 Wigmore, ii. 662, citing Massachusetts statute of 1882; Cowell, p. 402; Preist, p. 409; Hemaway and Peggy, p. 555; Cox, p. 643; Boulter, p. 719; Butler, pp. 915–916; Childe, p. 939.

226 Trott, p. 222.

227 Cooke v. Oliver, at pp. 1147–1148.

228 Bennett, p. 786; see Waldron v. Marshall, at p. 763.

229 Roscoe Pound, “Puritanism and the Common Law,” American Law Review, XLV. 825, reprinted in his Spirit of the Common Law. Attacks on Chancery under Cromwell are described by Robinson, “Anticipations under the Commonwealth of Changes in the Law,” Select Essays in Anglo-American Legal History, i. 470–472.

230 Hutchinson v. Paine, at p. 536, subsequently discussed.

231 Ashton v. Gibbs, at p. 356; Sharp v. Rider, at p. 363; Patten v. Dyer, at p. 375; Jones v. Crispe, at p. 459.

232 Below, p. 71

233 Below, pp. 530–536, especially, p. 534.

234 See below, p. 4 n. The common term today is “chancerizing.”

235 Parker v. Champeroone, p. 4.

236 Below, pp. 882–883.

237 Below, pp. 1079–1080.

238 Frankes v. Rock, at p. 1049; Dudley v. Paige, at pp. 1120–1121.

239 Below, pp 1137–1139.

240 See Ames, “Specialty Contracts and Equitable Defences,” Harvard Law Review, IX. 49.

241 Below, pp. 530–536. See Williams v. Woodbridge, pp. 767–770, where the defendant unsuccessfully asserted that he was compelled by duress to sign the bond; this defense was probably available in an English common-law court. The same case discusses the assignability of bonds, under a statute, title Bills.

242 Stoughton v. Bishops, pp. 294–299.

243 Below, pp. 788–791

244 Below, p. 885.

245 Dowden, at p. 892. Compare Quincy’s Reports, p. 537 and note.

246 Below, p. 629.

247 Hickson and Bedwell, pp. 442–443; Forrest and Julian Knight, p. 1161.

248 Ex parte Warfield, 40 Texas Criminal Reports 413 (1899); Pound, Cases on Equitable Relief against Defamation (2d ed., 1930) 79 n.

249 Belcher’s Bond, p. 809; Spur, p. 810.

250 Michelson v. Browne, p. 103. See also p. 442.

251 Naylor’s Petition, p. 96. See the discussion of Appellate Courts in this introduction.

252 Baker v. Johnson, p. 392.

253 Thayer v. Paine, pp. 563–564; see also Billing v. Rawson, p. 819.

254 Atherton v. Lockwood, pp. 512–513.

255 Davie v. Hall, pp. 875–876.

256 Skinner v. Lowell, pp. 388–392.

257 Greely v. Hall, pp. 988–989.

258 Bromage v. Genning, 1 Roll. R. 368 (1616).

259 Baildon, Select Cases in Chancery, p. xiv.

260 Cokayn v. Hurst (1458), in Baildon, Select Cases in Chancery, No. 143.

261 Below, pp. 65–78.

262 Cutler v. Cutler, p. 881.

263 Aspinwall v. Evans, p. 981.

264 Parke v. Morrise, pp. 463–464. On the affairs of this charitable trust, see Massachusetts Bay Records, iv (ii). 434, 441, 455–458; v. 5, 22

265 Alford v. Endicott, pp. 726–735.

266 Lamb v. Williams, p. 1051.

267 Fowle v. Stevens, p. 854; Aldredge v. Stevens, p. 854; Wilcocks v. Viall, p. 855.

268 Note by Gray in Quincy’s Reports, p. 537; Woodruff, “Chancery in Massachusetts,” Law Quarterly Review, v. 370, reprinted, with additional material, in Boston University Law Review, ix. 168.

269 Massachusetts Bay Records, v. 477–478.

270 Baker v. Joy, p. 134; Bennet v. Gridley, p. 744; Sedgwick v. Rock, pp. 770–771; Burnes v. Harwood, p. 984; Smith v. Cartwright, p. 10; Tay v. Hawkins, p. 688; Griggs v. Chock, p. 1042; Fogg v. Leverett, p. 689.

271 Marsh v. Machee, p. 43; MackDaniel v. Hale, p. 818.

272 Keen v. Wiswall, p. 1039.

273 Legg v. Flood, p. 880.

274 Clarke v. Kent, pp. 908–909.

275 Scottow v. Shapleigh, pp. 1108–1116

276 Smith v. Cartwright, p. 10. Retractions were ordered in the cases cited in notes 1–4, except Bennet v. Gridley, Tay v. Hawkins, and Fogg v. Leverett.

277 Danson v. Ellitt, p. 1123.

278 See the Hindoo’s comment on the English remedy of damages quoted from Kipling by Pound, “Interests of Personality,” Harvard Law Review, xxviii. 446 n.

279 Id., pp. 364, 449.

280 Burn, Ecclesiastical Law (9th ed., 1842) n. 137–138. This reference was supplied by Dean Pound.

281 Finnish Temperance Society v. Raivaaja, 219 Mass. Reports 28 (1914).

282 Rex v. Penny, 1 Lord Raymond 153 (1697).

283 Holdsworth, History of English Law, v. 211.

284 Below, pp. 992–993.

285 See below, p. 228 n.

286 Below, p. 231; see also Sprague, p. 424.

287 Below, pp. 228–229.

288 Below, p. 232.

289 Below, pp. 237–238; see Bellingham v. Smith, p. 248.

290 Commonwealth v. Canter, 269 Mass. Reports 359 (1929), discussed in Harvard Law Review, xliii. 663–664.

291 Pound, Cases on Equitable Relief against Defamation (2d ed., 1930), p. 13 n.

292 Wainwright, p. 225.

293 Below, p. 235.

294 Below, p. 753.

295 Holdsworth, History of English Law, viii. 449–459.

296 Countess of Shrewsbury’s Case, 5 Coke Reports 13. On the purchase of law books, see Sources of Law in this introduction.

297 Milton v. Eliott, p. 3.

298 Clarke v. Harbour, pp. 736–737.

299 Yardley v. Boden, p. 775.

300 Sheafe v. Palmer, pp. 829–830.

301 Woode v. Chantrell, pp. 159–163.

302 Snelling v. Chantrel, p. 166.

303 See Hay, “Death as a Civil Cause of Action in Massachusetts,” Harvard Law Review, vn. 170.

304 Admiralty Commrs. v. The Amerika, 1917 A. C. 38—marine accident; Panama Railroad v. Rock, 266 United States Reports 209 (1924)—accident in the Canal Zone. See the adverse criticism of these decisions in Harvard Law Review, xxx. 742; xxxviii. 499. Negligent death at sea is discussed by Whitelock, “Extra-territorial Marine Torts,” id., xxii. 403.

305 Title Bridges, Whitmore, Colonial Laws, 1672–1686, p. 12, enacted in 1648.

306 Below, p. 160.

307 Below, pp. 404–408.

308 Below, p. 149.

309 Below, p. 644

310 Below, pp. 695–697.

311 Newcomb v. Wardell, p. 800.

312 Lorin, pp. 332–333; Dare, p. 333.

313 Whitwell, p. 258; Gatch, p. 259; Wakefeild, p. 785.

314 See Forms of Action, in this introduction.

315 Crowne v. Sprague, p. 156; Sandford v. Orchard, pp. 669–671; see also Toy v. Howard, p. 130.

316 Harris v. Bridgeham, p. 277.

317 Gilbert v. Obison, pp. 738–742.

318 Scarlett v. Long, Salter v. Manning, p. 584.

319 Below, pp. 759–766.

320 Norman v. Skinnar, pp. 803–806.

321 Acorman v. Valentine, pp. 982–983. For cases involving chattels in New York, see pp. 385–387, 856–857.

322 Skinner v. Lowell, pp. 388–392.

323 Phillips v. Wharton, p. 420.

324 Salter v. Rose, p. 984.

325 Bartholmew v. Ashton, p. 318. See Litigiousness, in this introduction.

326 Norman v. Salter, p. 131; Scottow v. Felton, pp. 317–318.

327 MackDaniel v. Hale, p. 818.

328 Ashton v. Gibbs, pp. 347–358; Edsall v. Johnson, p. 639.

329 Kelly v. Blower, p. 13; Francks v. Ely, p. 135; Dudson v. Darvall, pp. 385–387. Several instances of the same tort are given in Maine Province and Court Records, indexed under Crimes and Torts.

330 Jones v. Neylor, 471.

331 Stanton v. Trott, 242.

332 Keen v.

333 Sweete v. Gibbs, pp. 742–743; Danson v. Eliott, pp. 1086–1092.

334 Title Conveyances, Deeds and Writings, sec. 1, emphasized in Patten v. Winsley, at p. 381.

335 Cooke v. Broughton, at p. 66 (transaction in 1659); Clarke v. Nicholls, p. 99 (in 1673); Mead and Alcock, p. 456 (in 1673/4); Salter v. Checkley, at p. 580 (in 1674/5).

336 Title Conveyances, etc., sec. 2; Clarke v. Nicholls, at p. 99; Rawson v. Billings, at p. 546.

337 Bundy v. Tomlin, pp. 210–211; Glover Estate, at pp. 428–429.

338 J. H. Beale, “The Origin of the System of Recording Deeds in America,” Green Bag, xix. 335.

339 Cutler v. Cutler, p. 881.

340 Below, pp. 860–862.

341 Boseworth v. Morse, pp. 100–101.

342 Hiskett v. Paine, p. 318.

343 Below, p. 567.

344 29 Charles II c. 3, sec. 4 (1677). This did not apply in a colony unless expressly received there by act of assembly or usage. See 25 Geo. II c. 6, sec. 10 (1752).

345 Title Conveyances, Deeds and Writings, sec. 1. “Sale” as used here does not include a contract to sell.

346 Woody v. Harrison, pp. 651–656; Leverett v. Bullis, pp. 860–862.

347 Tower v. Hobart, pp. 507–508; Harrison v. Woddee, p. 528.

348 Cutler v. Jacob, p. 530.

349 Sheffield v. Harrison, p. 529.

350 Order to Joyliffe, p. 755.

351 Walker v. Ellis, p. 823; Addams v. Jay, p. 1052.

352 Sheafe v. Hawkins, pp. 1–3, continued on pp. 275–277, 564–565, 684, 705–706; Deane v. Gibbs, p. 725; Allen v. Emmons, p. 772; Stoughton v. Gilbert, p. 772; Tompson v. Simons, p. 909; Sheafe v. Salter, p. 1085.

353 Smith to Jones, p. 1026.

354 Hudson v. Daniel, p. 776.

355 Hill v. Obbinson, pp. 1094–1095.

356 Below, pp. 579–583.

357 Below, pp. 426–429.

358 Widow Bridgham, pp. 132–133; Governor Bellingham, pp. 230–231; Glover, pp. 428–429; widow Ward, pp. 1032–1033.

359 Patten v. Dyer, at p. 374; Patten v. Winsley, pp. 381–383; Holowells v. Butler, pp. 1029–1037.

360 Phippen Estate, p. 996.

361 Whitmore, Colonial Laws, 1672–1686, pp. 32, 157–158.

362 Statute of Frauds, 29 Charles II c. 3 sec. 5. This did not apply to the colonies, except as they accepted it.

363 Wills Act, 7 William IV & 1 Victoria, c. 26.

364 Title Wills, sec. 3, Whitmore, Colonial Laws, 1672–1686, p. 158. The statute was apparently enacted in this form in 1649, for the intestacy statute of 1641 (see Liberties 81, 82), incorporated in the Laws and Liberties of 1648, pp. 53–54, lacks these provisions, and merely specifies the rule for division among children which also appears in the revisions of 1660 and 1672 and is explained in the text. In England the distribution of personal property was not regulated by statute until 1670.

365 Examples are: Lorine Est., p. 119; George Est., p. 223; Marshall Est., pp. 225–226; Phippen Est., p. 996; Gallop Est., pp. 1015–1016; Clement Est., p. 1017; Winslow Est., p. 1067; Ward Est., pp. 1069–1070; Blackman Est., p. 1165; Clap Est., pp. 1167–1168.

366 It is arguable that the statutory clause, “where there are no Sons, the daughters shall inherit as Copartners,” gave the daughters nothing when there were sons. This would correspond to the division of land only among sons under the English custom of gavellcind, discussed below. But the cases in this book indicate no such discrimination against daughters. Every case cited in the preceding note gives equal portions to all children except the eldest son. To explain this result on the ground that there were only boys in ten families, several of them numerous, would outrage the law of probabilities. Indeed, Clap’s Estate, pp. 1167–1168, expressly mentions a daughter as well as sons. In the Probate Records of Essex County during our period, cases have been noted of daughters sharing with sons (ii. 258, 271, 279, 284–285, 307–308).

367 Andrews, “The Influence of Colonial Conditions as Illustrated in the Connecticut Intestacy Law,” Select Essays in Anglo-American Legal History, L 431 ff.; Morris, “Massachusetts and the Common Law,” American Historical Review, xxxi. 447–448, referring to Deuteronomy, xxi: 15–17, and questioning some statements of Andrews.

368 Blackstone, Commentaries, n. 79–89, 216.

369 Robinson, “Anticipations under the Commonwealth of Changes in the Law,” Select Essays in Anglo-American Legal History, i. 488–490.

370 St. 12 Charles II c. 24 (1660).

371 Poore, Federal and State Constitutions, Colonial Charters, etc., i. 933. See also, the Plymouth Charter of 1620, id., i. 926; the Provincial Charter of 1691, id., i. 947; E. P. Cheyney, “The Manor of East Greenwich in the County of Kent,” American Historical Review, xi. 29; V. F. Barnes, “Land Tenure in English Colonial Charters of the Seventeenth Century,” in Essays in Colonial History Presented to Charles M. Andrews, p. 4; Morris, Studies in the History of American Law (1930), pp. 103–120; and the report of the 1695 survey of theroyal manor of East Greenwich in Kimbell, An Account of the Legacies, etc., of the Parish of St. Alphege Greenwich (1816), pp. 183 ff.

372 Macdonald, Select Charters, 1606–1775, p. 10.

373 No. 10 (1641), Whitmore’s Bibliographical Sketch, p. 35; title Lands, free Lands, Colonial Laws, 1672–1786, p. 88.

374 Patten v. Winsley, at p. 381.

375 George Estate, p. 223.

376 Pratt Estate, p. 716.

377 Clarke v. Nicholls, pp. 5–9, 98–99; Clarke v. Lamb, pp. 1131–1136.

378 Simpson v. Salter, pp. 1040–1041.

379 Below, pp. 1064, 1096–1097.

380 Patten v. Dyer, pp. 373–376; Patten v. Winsley, pp. 377–384; Salter v. Checkley, pp. 579–583. See Index for other references.

381 Below, pp. 1029–1037.

382 Below, pp. 1104–1105.

383 Below, pp. 860–862

384 Below, pp. 1131–1136.

385 Below, pp. 821–822.

386 Glover Estate, pp. 426–433; Rawson v. Glover, pp. 472–473, 508–511; Rawson v. Billing, pp. 543–546.

387 Below, pp. 81, 109.

388 Below, p. 95.

389 Hudson v. Smith, pp. 592–594, 833

390 Whipple Estate, p. 939.

391. Chamberlayne Estate, p. 992.

392 Examples are: Bernard Est., p. 267; Curtice Est., p. 960; Smith Est., pp. 991–992; Tay Est., p. 994; Elkins Est., p. 1010.

393 Below, pp. 797–799

394 Rogers v. Rowste, p. 689.

395 Kent v. Smith, p. 128. Frankes v. Smith, p. 690.

396 Deane v. Perry, pp. 724–725

397 Keen v. Oxe, pp. 906–908.

398 A bond to pay a debt is reprinted on p. 171. Other examples are cited in this introduction, Sources of Law. Compare a bond executed in London, partly in Latin, on pp. 1003–1004.

399 Townsend v. Williams, pp. 1125–1126.

400 Examples are: Kellond v. Hudson, pp. 106–107; Richards v. Brackett, p. 107; Ashton v. Bonner, p. 167. On colonial resort to arbitration, see Morris, Studies in the History of American Law, p. 60.

401 Below, pp. 195–200.

402 Our Publications, vm. 150–185.

403 Whitmore, Colonial Laws, 1672–1686, pp. 93–100.

404 Our Publications, viii. 156; Charles M. Hough, Records of Cases in the Vice-Admiralty and Admiralty Courts of New York (1925); F. B. Wiener, “Notes on the Rhode Island Admiralty, 1727–1790,” Harvard Law Review, xlvi. 44; Marguerite Appleton, “Rhode Island’s First Court of Admiralty,” New England Quarterly, v. 148.

405 Below, pp. 250–252.

406 Whitmore, Colonial Laws, 1672–1686, p. 213.

407 Melyn v. Dudson, p. 364; Darvall v. Dudson, pp. 364–369.

408 Below, p. 369

409 See in this introduction, Attorneys and Magistrates, and Litigiousness.

410 Dudson v. Darvall, pp. 385–387.

411 Below, p. 413. Notice the Puritan uncertainty about the “Saint” in the records.

412 White v. Lemoigne, p. 988. Another prize-money suit by a “Griffin” seaman is Jackson v. White, p. 982.

413 White, pp. 994–995.

414 Sheafe v. Palmer, pp. 829–830; Smith v. Rand, pp. 621–624.

415 Flood v. Legg, pp. 858–860; Legg v. Flood, pp. 1054–1055.

416 Sprague v. Collins, pp. 18–20; Lidgett v. Collins, pp. 43–44.

417 Hollett v. Pelton, p. 1077.

418 Warren v. More, p. 824.

419 The William and Thomas, pp. 1068–1069.

420 Woode v. Chantrell, at p. 162.

421 Stuart and Ludden, pp. 407–408.

422 See Litigiousness, in this introduction.

423 Miller v. Risco, pp. 277–285.

424 Waldren v. Smith, pp. 135–139.

425 Davis v. Legg, pp. 504–507.

426 Wharton v. Elson, pp. 661–669

427 Alford v. Endicott, at p. 727

428 The Providence, pp. 250–252.

429 Below, pp. 31–36.

430 Below, pp. 901–903, 1119.

431 Below, pp. 279–280, 1119.

432 Below, pp. 471, 661–669.

433 Below, pp. 134, 858–860.

434 Below, pp. 277–278, 1117–1118.

435 Below, pp. 141–142, 157, 505, 622, 663–664.

436 Waldron v. Henderson, at p. 901.

437 Title Bills, enacted in 1647.

438 See Williams v. Woodbridge, pp. 767–770. However, judgments were not assignable, by title Judgments in the revisions of 1660 and 1672.

439 Examples are Mead v. Turner, pp. 36–43; Sharp v. Rider, pp. 359–363. It is not stated that these instruments were under seal.

440 Mead v. Turner, pp. 36–43.

441 Sharp v. Rider, pp. 359–363; Hunt v. Warren, p. 1170.

442 Rawson v. Cooke, p. 475; Paige v. West, pp. 1080–1083.

443 Wharton v. Elson, pp. 661–669.

444 Briggs v. Giffard, pp. 691–692.

445 Briggs v. Leverett, pp. 617–619.

446 Yeale v. Shoare, p. 326. 8

447 Lidgett v. Foote, p. 774.

448 Deane v. Hubbard, pp. 788–791.

449 Below, pp. 1080–1083.

450 An example is reprinted on p. 14. See Index under Bills and Notes.

451 Whitcomb v. Burnham, p. 21.

452 Jesson v. Bushell, p. 672; see in this introduction, Juries.

453 Whitmore, Colonial Laws, 1672–1686, pp. 120–121; see in this introduction, Equity.

454 Below, pp. 30, 295, 317–318.

455 Below, pp. 79, 1072.

456 See in this introduction, Negotiable Instruments.

457 Examples are found on pp. 47–48, 1137–1138.

458 Title Money, Whitmore, Colonial Laws, 1672–1686, pp. 117–119. See the discussion of money and payment in Maine Province and Court Records, ii. xi.

459 Below, pp. 60–62, 156–158.

460 Below, pp. 359–363, 1052.

461 Below, pp. 1123–1124.

462 Below, pp. 661–669.

463 Below, p. 910.

464 Below, p. 927.

465 See E. G. Baird, “Business Regulation in Colonial Massachusetts (1620–1780),” Dakota Law Review, m. 227.

466 Russell v. Barefoot, pp. 299–300; Snelling’s License, 559–560.

467 Lidgett, p. 117; Marsh, p. 339; Gilbert v. Matson, 796–797; other cases involving this industry are on pp. 313, 413.

468 Jenners Fined, Parkman Fined, p. 311.

469 Waldron v. Marshall, at p. 763.

470 Below, p. 126.

471 Below, p. 412.

472 Stanberry, p. 559.

473 Batt, p. 632.

474 Roberts, p. 602.

475 Whitmore, Colonial Laws, 1672–1686, p. 36.

476 Marshall, p. 86; Barefoote, pp. 86–87.

477 Reade, pp. 114–115.

478 Hannah, pp. 1153–1157.

479 Francis, pp. 555–556.

480 Holleday, p. 782.

481 Synderland, p. 600; Cannon, p. 604.

482 Phips, p. 887.

483 Noakes, pp. 308–310.

484 Knight v. Moulder, p. 274

485 Cittern, p. 189.

486 Baker, p. 939.

487 Langle, p. 959.

488 Gross, pp. 112–113; Robbinson, p. 302.

489 Norman v. Salter, p. 131.

490 Richardson, p. 23; Read, p. 24; Wainwright, p. 265; Butcher, pp. 896–897.

491 Gold, p. 184.

492 Chandler, p. 232

493 Gibbs, p. 304.

494 Meadore, p. 753.

495 Dove, Admonished, p. 785.

496 Title Tobacco, Whitmore, Colonial Laws, 1672–1686. p. 146

497 Below, pp. 937, 995.

498 Whitmore, Colonial Laws, 1672–1686, p. 233.

499 Hemenway Presented, p. 698; Roberts Admonished, p. 751.

500 Whitmore, p. 206.

501 Below, pp. 90, 92.

502 Below, p. 255

503 Below, pp. 116, 1101; Title Ballast, Whitmore, Colonial Laws, 1672–1686, p. 9.

504 Pray, p. 188; Hutchinson’s Presentment, p. 227.

505 Below, pp. 629, 675.

506 Our Publications, iii. 51 ff.

507 Hoppin, p. 89; Wainwright, p. 265; Chamberlin, p. 266; Wharton, p. 674; Marnel, p. 894. Read (p. 84) was imprisoned at hard labor at the court’s pleasure, but the place of confinement is not mentioned.

508 Smith, pp. 1101–1102.

509 The provisions for sale are too numerous to cite (see Index) and seem to become more frequent toward the end of our period.

510 Atherton, p. 956; Marshcroft, p. 995.

511 Examples are: Chandler Sentenced, p. 112; Decro, p. 938; White, pp. 994–995; Willistone, pp. 1160–1161.

512 Colcord to Thornton, p. 945.

513 Atherton, p. 151; Pitman, p. 890.

514 Mason Admonished, p. 150; Waldron v. Marshall, at p. 763; Waldron v. Bassett, at pp. 764–765; Marshall v. Waldron, at pp. 783–784; Whaley and Ranger, p. 1164; see also this introduction, Negligence.

515 Lincoln Fined, pp. 329–330; Gulliver Sentenced, p. 482; Tappin Fined, pp. 780–781. See Dudson v. Darvall, at p. 387; and the controversy about Waters’s horse and the obstinate Jesson, this introduction, Juries.

516 Tailor Sentenced, p. 88; Keyn’s Sentence, p. 235; Pollard, p. 1163.

517 Carr Sentenced, pp. 556–557.

518 Lawton, pp. 302–304, Curie, pp. 628–629; Barker, p. 886.

519 Hickson, pp. 442–443; Bed well, p. 443; Colcord, p. 943.

520 Below, pp. 84–85.

521 Below, pp. 231, 697, 302.

522 Brewster, etc., p. 843. See also Hawkins, p. 558; Wharton, p. 674; Gibbs, p. 677.

523 Below, p. 151.

524 Below, p. 674.

525 Below, p. 302.

526 For instance, Morton, pp. 521–522; Jinkins and Whitmarsh, p. 1068; Davis, pp. 1098–1099.

527 Below, p. 1157.

528 Below, p. 1100.

529 See topic Indians in index to Whitmore’s Colonial Laws, 1672–1686.

530 James Indian, pp. 112, 119.

531 Coweset Indian, pp. 147–148. John Indian, p. 148, also had a hair-cut.

532 Wickersham Commission’s Report on Lawlessness in Law Enforcement (1931), pp. 108–109.

533 Below, p. 23.

534 Sprague, p. 442; see Robbinson, p. 1101.

535 Whitmore, Colonial Laws, 1672–1686, p. 31; Harris, p. 24; Mason Admonished, p. 150; Ashton V. Gibbs, pp. 347–358; Stevens, p. 913; Toleman, p. 956.

536 Tuder, p. 26; Wiswall, p. 27.

537 Fairebanks, p. 257.

538 Whitmore, Colonial Laws, 1672–1686, pp. 31, 221.

539 Below, p. 350.

540 For instance, Read, p. 88.

541 Below, p. 89.

542 Below, p. 90

543 Below, p. 300.

544 Whitmore, Colonial Laws, 1672–1686, pp. 101–102, 130. See C. L. Powell, “Marriage in Early New England,” New England Quarterly, i. 323.

545 Whitmore, Colonial Laws, 1672–1686, pp. 101, 28.

546 Below, pp. 82, 107–108.

547 Below, p. 221.

548 Below, p. 258.

549 Below, p. 265.

550 Hall, p. 23; Pascoa, p. 108; Bragg, p. 119; Blake and Burrell, pp. 518–519; Cresey, pp. 779–780; Welden, p. 942; Whitmore, Colonial Laws, 1672–1686, pp. 101–102.

551 Below, pp. 720, 811

552 Below, p. 943.

553 Below, p. 943.

554 Below, p. 232.

555 Below, p. 150.

556 Below, p. 1158.

557 Below, pp. 754–755, 837–841.

558 Below, pp. 442–443. See Wharton and Gridley, p. 914; Knight and Forrest, pp. 1023–1024, 1161.

559 Below, pp. 809–810. See under Equity, in this introduction, for modern Parallels.

560 Examples of this frequent offense are: Egerton, p. 22; Wheaton, pp. 23, 80; Middleton, pp. 90–91. Sometimes the public acknowledgment was omitted: Collicott, p. 114; Hall, pp. 23, 119.

On this topic and its relation to common-law marriages, see Powell, in New England Quarterly, i. 323, giving similar cases in Plymouth Colony: H. B. Parkes, “Morals and Law Enforcement in Colonial New England,” id., v. 431; Parkes, “Sexual Morals and the Great Awakening,” id., iii. 133; Maine Province and Court Records, ii. xliii.

561 Below, pp. 82–84, 126, 266.

562 Kent v. Smith, p. 128; Smith, pp. 149–150; Smith v. Kent, pp. 164–165; Smith, pp. 185–186; Blacklock, pp. 189, 237.

563 Below, pp. 185–186, 189. See Carpenter, p. 91.

564 Below, p. 914. See Wharton, p. 674.

565 Wheeler and Peirce, p. 443.

566 Below, p. 941. For other instances of misconduct by wives, see Moxon, p. 94; Veering and Smith, p. 233; Hickson and Bedwell, pp. 442–443; Blake and Burrell, pp. 518–519; Morton, pp. 521–522; Ockerly and Langberry, pp. 604–605; Wharton, p. 674; Gill, p. 941; Forrest and Knight, pp. 113–114, 237, 1023–1024, 1161.

567 Plumm, pp. 125, 185; Sprague, p. 424; Dobleday, p. 626; Jay, p. 697; Messenger and Hews, pp. 912–913; Jinkins and Whitmarsh, p. 1068.

568 Hawkins and Fogg, p. 558

569 Man, p. 807.

570 See under Evidence, in this introduction.

571 Below, pp. 91, 254, 939, 1012.

572 Warro, p. 113; Judkin, pp. 183–184; Mason, p. 185; Rock’s Negro, p. 232; Jasper and Joan, p. 233; Miriam, Morea, p. 809; John Negro, p. 1067.

573 Bradford, History of Plymouth Plantation, (ed. 1912) ii. 309.

574 Fiske, p. 28.

575 Gillam, p. 118; Chamberlin, pp. 253, 594–595; Shippin, p. 917.

576 Below, pp. 256–257; see p. 597.

577 Below, p. 257; see p. 182.

578 Below, pp. 438–439, 441, 487–489, 599, 630, 677, 753, 997.

579 Below, pp. 438–439, 599. See Index for his other cases.

580 Below, p. 487.

581 Title Provoking Evils, Whitmore, Colonial Laws, 1672–1686, p. 234.

582 Matson, p. 753.

583 Below, pp. 677, 997.

584 Below, p. 519.

585 Lopez v. Howe, 259 Federal Reporter, 401 (1919).

586 Below, pp. 86–87; 144–145; Whitmore, Colonial, 1672–1686, p. 14.

587 Chafee, The Inquiring Mind, pp. 110–116. Both prosecutions failed.

588 Platts, p. 645; Evered, p. 868.

589 Order, p. 646

590 Stretton, p. 867; Newcomb, p. 307. See also pp. 307, 598, and Index.

591 Below, pp. 120, 867, 942.

592 Webb, p. 28

593 Below, pp. 305–306.

594 Below, p. 843. Another South Church case is Hill, p. 940. See also Adams, p. 596.

595 Newcombe, pp. 695–697.

596 Carteret v. Petty, 2 Swanston 323 (1675).

597 Title Courts, sec. 8, in Whitmore, Colonial Laws, 1672–1686, p. 37.

598 Id., p. 207.

599 Below, pp. 153, 178–180.

600 Below, p. 624.

601 Whitcomb v. Burnam, p. 10. On the history of foreign attachment, which was derived from the custom of London, see Beale, “The Exercise of Jurisdiction in rem to Compel Payment of a Debt,” Harvard Law Review, xxvii. 107.

602 Warner v. Franklyn, pp. 1055–1056.

603 Below, pp. 27–28.

604 Harding and Tillinghast, p. 519; Hyde, p. 677.

605 Simmons, pp. 808–809.

606 Evered, p. 868.

607 Usher v. Timberlack, pp. 154–155.

608 Usher v. Timberlack, pp. 154–155.

609 Dinely v. Steenwick, pp. 166–173; Keen v. Dafforn, pp. 1123–1124.

610 Hutchinson v. Paine, pp. 530–536; Purkis v. Winder, pp. 1002–1005.

611 Hunt v. Warren, p. 1170.

612 Lamb v. Williams, p. 1051.

613 For instance: More v. Jones, pp. 156–158; Miller v. Risco, pp. 277–285; Snith v. Rand, pp. 621–624; Darvall v. Dudson, pp. 364–369; White v. Lemoigne, p. 988; Davis v. Legg, pp. 504–507.

614 Sweete v. Gibbs, pp. 742–743.

615 Dudson v. Darvall, pp. 385–387. See also Wensley v. Davis, pp. 856–857.

616 Danson v. Ellitt, p. 1123.

617 Below, p. 600.

618 Below, pp. 628–629.

619 Matthews, p. 436; Combes, pp. 436, 440–441; Cann, p. 439.

620 Sharp v. Rider, pp. 359–363.

621 Below, pp. 680–682.

622 Below, p. 1106.

623 Temple Est., pp. 476–477; Price Est., pp. 479–480; Howlet Est., p. 871; Elkins Est., p. 1010.

624 Whitmore, Colonial Laws, 1672–1686, p. 158; Deacon Est., pp. 29–30; Biggleston Est., p. 188.

625 Below, pp. 726–735.

626 Macdonald, Select Charters, 1606–1775, p. 99.

627 Below, pp. 193, 219, 225, 524.

628 Below, pp. 560–561.

629 Danson v. Eliott, pp. 1086–1092.

630 Below, pp. 347–358.

631 Below, pp. 680–682.

632 The earliest example of the verb “chancer” in the New English Dictionary is dated 1798. See earlier examples in the Nation, lxxiv. 12 (N. Y., 1901).

633 Son of Sir John Davie, Bt., and father of John Davie, Harvard, A.B. 1681, who was informed of his succession to the baronetcy when working on his farm in Groton, Connecticut.

634 Height. See New English Dictionary, “Chief,” sb.9.

635 Father of the Captain John Bonner who made the first engraved map of Boston. 5 Mass. Hist. Soc. Coll., VI. 134, 318; VII. 370.

636 Lawton, in the case to which this belongs.

637 The frequent mention in this case of Lex Mercatoria refers to a well-known English legal treatise, Consuetudo vel Lex Mercatoria, or The Ancient Law-Merchant, by Gerard Malynes. First published in 1622, this book went through several editions during the seventeenth century. A comparison of Turner’s references in the text shows that he used the latest edition, that of 1656. A popular legal tract, Advice Concerning Bills of Exchange by John Marius, was bound in with this edition. Several of Turner’s references in the text are to the Advice of Marius, and not to the treatise of Malynes.

638 This refers to the common practice of giving bills of exchange in sets of three, only one of which was to be paid; this was to allow for possible losses of one or two bills in transmission.

639 This would have been true of a regular bill of exchange payable at a specified date, but the law required a bill payable “after sight” to be accepted in writing because only thus would the date for payment be made definite on the instrument.

640 On 20 July, 1662, Lord Windsor, Governor of Jamaica, appeared at Barbados in command of a fleet, seeking recruits to settle his own colony. Owing to his royal backing the Barbadian authorities were unable to prevent him from carrying off sundry indented servants and debtors. V. T. Harlow, History of Barbados, p. 139.

641 “If any man be proved, and judged a common barrater, vexing others with unjust, frequent & endles suites, it shall be in the power of the Court, both to reject his cause, and to punish him for his Barratry.” Act of 1641, in The Book of the General Lawes and Libertyes (1660), p. 5.

642 An ancient English form of conveyance, which did not require a deed or a record. The two parties went to the actual piece of land that was to be conveyed, in company with whatever freemen they could collect, and the grantor, after describing the bounds in presence of the witnesses, gave livery and seizen by handing to the grantee a bit of turf from the land, or a stone, twig, or some such symbol.

643 This Checkley (1609–1685) was not the father nor any relation to the Anglican controversialist of the same name—see New England Historical and Genealogical Register, n. 350.

644 Copyist’s error for Sedal, i. e., Schedule; also printed Cedal in this same document. The soft pronunciation of the sch in Schedule still prevails in England.

645 Pages 29 and 30 are wanting.

646 The list of judges is wanting for this session.

647 A corruption of “portage,” which originally meant a seaman’s privilege or space allowed him for goods on his own account. When this mode of recompensing a sailor became obsolete, the word “portage” was used for seamen’s wages. A portage bill means “the register or account of the names and claims for wages, allowances, etc., of the crew of a ship.” A blank “Portage Bill” issued by a Boston stationer about the year 1901 is before me as I write. See New English Dictionary under “Port, sb.¹ 4,” and “Portledge”; the examples there given were furnished by our associate, Albert Matthews.

648 Winscal Point, probably identical with Schoodic Peninsula at the eastward side of Frenchmans Bay, Maine, is shown on the eighteenth-century editions of the English Coast Pilot for that region. See illustrations in our Publications, xxvii. There is a Wonsqueak Harbor on the modem government charts of Schoodic Peninsula.

649 Moosepeak or Moosabec Reach, in eastern Maine.

650 The son of Governor Leverett and father of President Leverett.

651 Beginning at this point the records are in the handwriting of Isaac Addington, Freegrace Bendall having taken his departure for Madeira according to the permission granted by the Court, above, p. 121.

652 “Due for primage 5^s 7^d” in margin.

653 John-a-nokes and John-a-stiles were fictitious names for parties in a legal action.

654 Nominy Creek or River, on the Virginia side of the Potomac. A place at the mouth was made a market town by act of the General Assembly in 1691. Nominy Hall on the Creek was the seat of “King” Carter.

655 Possibly a copyist’s error for “January ye 23th.”

656 The reference is to The Generall Laws and Liberties, 1672, p. 152.

657 See note to Lawton v. Bonner at the special court of August, 1672, above, p. 153.

658 A quotation of the Body of Liberties, incorporated in the Book of the General Laws and Libertyes, 1660 and 1672 editions. It is true that the law of October 8, 1672, changing the rules about strangers’ suits, was not published within a year of its enactment. Colonial Laws of Massachusetts, Reprinted from Edition of 1672, p. 207.

659 The reference is to The Book of the General Lawes and Libertyes, 1660. “For as much as the bounds of townes, and of the lands of particular persons, are carefully to be maintained, & not without great danger to be removed by any, which notwithstanding by deficiency & decay of marks, may at unawares be done, wherby great jealousies of persons, trouble in townes, & incumbrances in Courts doe often arise, which by ane care & meanes might be prevented. It is therefore Ordered by this Court & Authority thereof; That every towne shall sett out their bounds, within twelve months after their bounds are graunted. And that when their bounds are once sett out; once in three yeares three or more persons of a towne, appointed by the Select men, shall appoint with the adjacent townes, to goe the bounds, betwixt their said townes, & renew their marks; which marks shall be a great heape of stone, or a trench of six foot long & two-foot broad, the most ancient towne to give notice, of the time & place of meeting for this perambulation; Which time shall be in the first or second month, upon paine of five pound for every towne that shall neglect the same; provided that the three men appointed for perambulation shall goe in their several quarters, by order of the select men, and at the charge of the several townes.”

660 Deputy-Governor Leverett.

661 Deputy-Governor Leverett.

662 Probably a copyist’s error for Angels. “Having treated of Gold at large, I am now obliged to say something concerning the Gold Weights; which are either Pounds, Marks, Ounces, or Angels. In Europe twenty Angels make one Ounce, though here but sixteen go to an Ounce.” William Bosman, A New and Accurate Description of the Coast of Guinea, London, 1721 (2nd ed.), p. 75. We are indebted to Professor Leo Wiener for this reference.

663 “7. And every person or persons whatsoever, that shall revile the Office or person of Magistrates or Ministers, as is usual with the Quakers, such person or persons shall be severely whipt, or pay the sum of five pounds.” The General Laws and Liberties, 1672, p. 61.

664 The case of Hawkins v. Sheafe, which should follow at this point, will be found on p. 1171, below.

665 Probably “actions,” as in the third line below where “accounts” was corrected to the present reading.

666 The term “father-in-law” here means step-father.

667 Perhaps quoted from Coke, who often uses the maxim, e. g., 4 Reports 47a.

668 Then a part of the “Rehoboth North Purchase” which Thomas Willet and associates purchased of Massassoit’s son Alexander in 1661. A traveller in 1704 “Got to y^e House of old Woodcocks, now Inhabited by one Slack, at Attleberry, w^r we stopt y^e Heat of y^e Day.” 1 Proceedings Massachusetts Historical Society xiii. 250. It was half a day’s journey from Billings’s tavern in Dedham.

669 See Hutchinson v. Blake, above, p. 271.

670 Gap in pagination here, although no pages of the manuscript are missing.

671 Cape Newagen, Maine?

672 New Orange (Albany), or New York.

At a County Court held at Boston Aprill 29th 1673

Present

Jury of Tryalls Sworn

[Vsher v. Timberlak]

[Bellingham Executors v. Smith]

Stoddard &a conta Rock

Parmiter conta Overman

Woodcock conta Shoare

Stanton conta Trott

Addington conta Timberlak

Burnham conta Hirst

Burnham conta Hirst

Starkey conta Timberlak

Rock conta Robinson

Hunter conta Cowell

Shefeilde conta Cobham

[122] Cooly conta Way

French conta Tyng

Rock conta Norden

Lilly conta Prosser

Shrimpton conta Hudson

Gibbon conta Sharp

Hirst conta Burnham

Atherton conta Mather

Lidgett conta Sampson

Parmiter conta Scarlett

Heaton conta Oliver

Warren conta Calley

Dinely conta Steenwick

Atkinson Conta Williams

Brattle conta Crosby

Wayte conta Oliver

Middlecutt conta Bodkin

Middlecutt conta Bodkin

Jones Fined 10s

[Bellingham executors v. Smith]

Mrs Mannings Liberty

Freemen Sworn

Judson’s Sentance

Committee for Milton

Chandler’s discharge

Durall’s Sentance

Burringtons Sentance

Freak’s Adminisr

Court Order about Ship Providence

Capt Scarletts fine remitted

Mendum presentmt Dismissed

Medfeilde Commissionrs

Weymoth Commissionrs

[Discharges from bonds]

Chamberlin’s Sentance

Owens Sentance

Veering dischargd from his bonds

Grant dischargd from his bonds

Hunters crime

Hunters Sentance

Cowell’s Sentance

Zachariah Indian’s Sentance

Bullard & Adams’ Discharge

Camble Presented

Stiles Presented

Lincoln presentd

Committee for auditing ye Treasurers Accots

Read’s discharge

Freemen Sworn

Veering’s Sentance remitted upon paiment of: 5li

Court Order to mr Rock

Fairebank’s Sentance

Fairebanks’s Sentance

Adams fined 5li

Court order about Birch

Starkey bound to the behavior

Whitwell bound over to the Court of Assistants

Timberlak bound to the behavior

Gatch admonisht

Court order to Deacon Parcke

Hudsons Licenc & bond

[Boston Licences]

[Licences of other towns]

Present

At a County Court held at Boston Aprill 29^th 1673

Stoddard &^a cont^a Rock

Parmiter cont^a Overman

Woodcock cont^a Shoare

Stanton cont^a Trott

Addington cont^a Timberlak

Burnham cont^a Hirst

Burnham cont^a Hirst

Starkey cont^a Timberlak

Rock cont^a Robinson

Hunter cont^a Cowell

Shefeilde cont^a Cobham

[122] Cooly cont^a Way

French cont^a Tyng

Rock cont^a Norden

Lilly cont^a Prosser

Shrimpton cont^a Hudson

Gibbon cont^a Sharp

Hirst cont^a Burnham

Atherton cont^a Mather

Lidgett cont^a Sampson

Parmiter cont^a Scarlett

Heaton cont^a Oliver

Warren cont^a Calley

Dinely cont^a Steenwick

Atkinson Cont^a Williams

Brattle cont^a Crosby

Wayte cont^a Oliver

Middlecutt cont^a Bodkin

Middlecutt cont^a Bodkin

Jones Fined 10^s

M^rs Mannings Liberty

Freak’s Adminis^r

Cap^t Scarletts fine remitted

Mendum presentm^t Dismissed

Medfeilde Commission^rs

Weymoth Commission^rs

Veering discharg^d from his bonds

Grant discharg^d from his bonds

Lincoln present^d

Committee for auditing y^e Treasure^rs Acco^ts

Veering’s Sentance remitted upon paiment of: 5^li

Court Order to m^r Rock

Adams fined 5^li

Starkey bound to the behavio^r

Timberlak bound to the behavio^r

Hudsons Licen^c & bond

Dorman Morrice. Sent^a

Isaac Grosses Sent^a

Eliz^a Edsalls Sent^a

Walwrights Sent^a

Chamberlins Sent^a

Alice Thomas Sent^a

Hoppins Sent^a

Smith fined. 5^li

Wampus Sent^a

Gay’s Administr^a