[Bellingham’s Executors v. Chamberlin]

M^r John Oxenbridge m^r James Allen & m^r Anthony Stoddard Trustees & Executo^rs to the Last will & Testament of Richard Bellingham Esq^r deceased Plaint. ag^t Edmund Chamberlin of Maulden Defend^t in an action of debt for non paiment of six pounds in mony in Decemb^r Last for rent of Marsh Let by them to the saide Chamberlain with all due damages according to Attachm^t Dat: 25. of June. 1674. The Attachm^t being read the Defend^t owned the complaint exhibited therein; the case being committed to the Jury; they brought in theire verdict & founde for the plaintiffes six pounds in mony & costs of Court being Fourteen Shillings & four pence.

Execucion issued: 7^br 29: 74.

[Jones v. Crispe]

John Jones Plaint. ag^t Zechariah Crispe Defend^t in an action of the case for breach of promiss which is to the s^d Jones his damage, the s^d Jones being engaged for the saide Zechariah Crispe for maintenance of a Childe; which was Laide to the s^d Crispe & all due damages according to Attachm^t Dat: June: 18^th 1674. . . . The Jury . . . founde for the plaintiffe Fifty shillings in mony & costs of Court: The Defend^t appealed from this judgment to the next Court of Assistants & himselfe principall in five pounds & John Taylor & Simeon Messeng^r as Sureties in Fifty shillings apeice acknowledged themselves respectiuely bound to . . . prosecute his appeal . . .

Davie ag^t Noys

M^r Humphry Davie Plaint. ag^t John Noyes Defend^t in an action of the case for witholding the Summe of thirty eight pounds in mony remaining unpaide of Seventy six pounds; which hee received of the Execute^rs or administrate^rsof Sammuell Haugh deceased upon expiration of & according to a Lease of a house & ground in Boston made by the s^d Haugh to Peter Oliver his heires Executo^rs &c for twenty one yeares; who assigned the same to John Witherden his heires & assignes & the s^d Witherden by Deed hath made over the same to s^d Davie as by the same may appeare with all due damages according to Attachm^t Dat. July. 14^th 1674. . . . The Jury . . . founde for the Defend^t costs of Court. [245]

Sands ag^t Hutchinson

John Sands Plaint. ag^t Cap^t Edward Hutchinson Defend^t in an action of trespass of forty five shillings or thereabout for pulling down his fence in may last & cutting it in peeces whereby the plaintiffe hath likewise lost the emprouem^t of his land to the plaintiffes great damage according to Attachm^t Dat: July: 9^th 1674. . . . The Jury brought in theire Verdict; which was Jf an Extention of an Execucion by Court Order without a Return & Record of the same with the Marshalls Oath that it was done bee a good title to the land wee finde for the Plaint. if not wee finde for the Defendant costs of Court. The Magistrates declare for the Defend^t costs of Court: The Plaint. appealed from this judgment to the next Court of Assistants & the s^d Jn^o Sands as principall in five pounds & Sam^ll Legg & James Meares as Sureties in Fifty shillings apeice acknowledged themselues respectiuely bound to the Treasuro^r of the County of Suffolke & party concerned on condicion that the s^d Jn^o Sands shall prosecute his appeal from the judgement of this Court at the next Court of Assistants to Effect.

Jones ag^t Nowell

John Jones Plaint. ag^t George Nowell Defendant in an action of the case for selling & delivering a parcell of blacksmiths tooles of his the s^d Jones as namely a lardge paire of bellows Anvill vice tongs Sledges hammers Buttres files & others to the damage of the plaintiffe fiveteen pounds in mony or thereabouts & all other due damages according to Attachm^t Dat. the 18^th day of May: 1674

. . . . The Jury . . . founde for the Defendant costs of Court.

Shrimpton ag^t Greenough

Sammuell Shrimpton Plaint. ag^t William Greenough Defendant sometime ma^r of the Ship Blessing of Boston according to Attachm^t Dated July: 22^th 1674. The Plaint. withdrew his action.

holman ag^t holman

John Holman eldest Sonn of John Holman sen^r deceased Plaint. ag^t Thomas Holman Defend^t in an action of the case for that the s^d Tho: Holman witholdeth from or not deliuers to him the s^d Jn^o Holman his due proporcion of the houses & lands goods or Estate that sometime was the Estate of & did pertaine to the s^d Jn^o Holman sen^r deceased (& now is in hands custody possession or occupation of s^d Tho: Holman of Milton) as hee is the eldest sonn of him the s^d Jn^o Holman deceased being a double portion according as the Lawes doe allow & direct, for the want whereof [246] The s^d Holman plaintife is damnified at leaste two hundred pounds sterling with other due damages according to Attachment Dat July: 22^th 1674. . . . The Jury . . . founde for the Defendant costs of Court.

Saffin Attourny to Ashton ag^t Gibbs

John Saffin Attourny to Henry Ashton Plaint. ag^t Benjⁿ Gibbs Defend^t in an action of Reveiw according to Attachm^t Dat: July: 18^th 1674. The Accion being called both plaintife & Defend^t appeared: The Defend^t moved for a Nonsuite for that the Accion had been tryed at a former Court & judgm^t granted him. The Court declared the Plaint. could not reveiw according to Law & therefore granted a NonSuite, the parties afterwards joined issue by consent; but the Plaint. not producing full power to prosecute this accion & the Defend^t not allowing of the power hee had the accion fell & the Court granted the Defend^t costs of Court.

Dowell ag^t Warren

James Dowell Plaint. ag^t Humphry Warren (who married m^rs Elizabeth Downe the relict of m^r Edmund Downe deceased) Defend^t in an action of the case for detaining or not paying the s^d Dowell the summe of Seventy pounds or thereabout in mony due for wages unto him the s^d Dowell & to two of his Seamen for Service done in the Catch Begining in the yeare 1671 from Boston to Cape Sables & from thence to Fiall & from thence to Traceras & from thence to London in old England with all just interest & other due damages according to Attachm^t Dat: July: 23^th 1674. . . . The Jury . . . founde for the Defendant costs of Court.

Greenough ag^t Shrimpton

William Greenough sen^r Plaint. ag^t Sammuell Shrimpton Defend^t according to Attachm^t Dat: July: 18^th 1674. The plaint. withdrew his accion.

Wharton &^a ag^t Gibbs

Richard Wharton & Thomas Bendish Facto^rs agents or Attournys to Hillery Renew & Company Merchants plaint^s ag^t Benjamin Gibbs Defend^t according to Attachm^t Dat: July: 22^th 1674. The plaint^s withdrew theire Accion.

Mellote ag^t Gibbs

Augustine Mellote Factor agent or Attourny to Jn^o Bayly Merchant plaint. ag^t Benj^a Gibbs Defendant according to Attachm^t Dat: July: 23^th 1674 the plaint. withdrew his Accion.

Wharton ag^t Gibbs

Richard Wharton plaint. ag^t Benjⁿ Gibbs Defent^t according to Attachm^t Dat: July: 20^th 1674. The plaint. withdrew his accion. [247]

Wharton ag^t Gibbs

Richard Wharton plaint. ag^t Benjⁿ Gibbs Defendant according to Attachm^t Dat: July: 22^th 1674: The plaint. withdrew his accion.

William Parke &^a ag^t Morrise

Deacon William Parke m^r Joseph Dudley & Thomas Weld John Bowles Deacon Giles Payson & Robert Williams Feoffees of the Freeschoole of Roxbury plaint^s ag^t Edward Morrise sen^r Defendant in an action of the case for witholding & not delivering up unto the saide Feoffees a certain part of the Estate of the Late m^r Thomas Bell of London consisting in household stuffe & movable goods nor a just Account of them supposed to amount unto the Summe of twenty pounds, perticularly a paire of good shod wheeles plowes plow Jrons, bedding & other implements of husbandry & house keeping given by the s^d Thomas Bell unto the schoole of Roxbury aforesaide, of which s^d schoole & the Estate thereof the abouenamed persons are Feoffees in trust, together with all due damages as shall then & there bee made appeare according to Attachm^t Dat: 22.5.74. . . . The Jury . . . founde for the plaint^s all the goods in the Defendants hand relating to the Freeschool afores^d to bee deliuered to the plaintiffs afores^d the Defendant purging himselfe by his Oath & paying costs of Court in the pœnall Summe of thirty pounds in mony.

Gibbs ag^t Wharton

Benjamin Gibbs Plaint. ag^t Richard Wharton Defendant according to Attachm^t Dat. July: 21^th 1674. The plaintiffe withdrew his Accion.

Gibbs ag^t Wharton

Benjamin Gibbs Plaint. ag^t Richard Wharton Defendant according to Attachm^t Dat. July: 22^th 1674. The plaintiffe withdrew his Accion.

Gibbs ag^t Wharton &a

Benjamin Gibbs Plaint. ag^t Richard Wharton & Tho: Bendish or either of them Defendants according to Attachm^t Dat. July 23^th 1674: The Plaint. withdrew his Accion.

Gibbs ag^t Bonner &^a

Benjamin Gibbs Plaint. ag^t Jn^o Bonner & James Everill or either of them Defendants in an accion of the case for breach or nonperformance of theire bonds or Jngagem^ts in one hundred pounds ap^s jointly & seuerally entred at a County Court held at Boston. 29^th October. 1672. by theire not performing of an Award or Awards under the hands & seales of m^r Jn^o Joyliffe m^r Peter Lidget & m^r Tho: Deane bearing date the 20^th day January. 1672. relating to the afores^d bond concerning severall differences between saide Bonner & one Henry Ashton & Jn^o Ireland with other due damages according to Attachm^t Dat: July: 1. 1674@ [248] . . . the Jury . . . found for the Defendant costs of Court The plaintife appealed from this Judgment to the next Court of Assistants & the s^d Benj^a Gibbs as principall in five pounds & Joseph Rock & Nicholas Paige as Sureties in Fifty shillings apeice acknowledged themselues respectiuely bound to the Treasuro^r of the County of Suffolke & partys concerned on condicion that the s^d Benjamin Gibbs shall prosecute his Appeal from the judgment of this Court at the next Court of Assistants to Effect.

Gibbs ag^t Bonner &^a

Benjamin Gibbs Plaint. ag^t John Bonner James Everill or either of them Defendants in an action of reveiw of an action of the case commenced by s^d Bonner ag^t s^d Gibbs & Henry Lawton for breach or nonperformance of theire bonds or ingagements in one hundred pounds ap^s bound jointly & seuerally at a County Court held at Boston the 29^th October. 1672. by theire not performing an Award under the hands & Seales of m^r Jn^o Joyliffe & m^r Peter Ledget & m^r Tho: Deane bearing date January. 20^th 72. relating thereunto; with other due damages & prosecuted to Effect at a Court of Assistants sitting in Boston on theire Adjournm^t October. 30^th 73. with other due damages according to Attachm^t Dat: July: 2^d 1674. . . . The Jury. . . . founde for the Defendants costs of Court: The plaintife appealed from this judgment to the next Court of Assistants & the s^d Benj^a Gibbs as principall in five pounds & Joseph Rock & Nicholas Paige as Sureties in Fifty shillings apeice acknowledged themselues respectiuely bound to the Treasuro^r of the County of Suffolke & partys concerned on condicion that the s^d Benjamin Gibbs should prosecute his Appeal from the judgment of this Court at the next Court of Assistants to Effect.

Gibbs ag^t Lawton

Benjamin Gibbs Plaint. ag^t Henry Lawton Defend^t in an accion of the case for refuseing to pay the one halfe of One hundred pounds in mony recovered ag^t him the s^d Gibbs by Jn^o Bonner as bound jointly & seuerally with s^d Lawton in a bond of Arbitration entred in Court respecting one Henry Ashton and Jn^o Jreland with other due damages according to Attachment: Dat: 21^th day of July 1674. . . . The Jury . . . founde for the plaint. Fifty pounds in mony & costs of Court 34^s.

Execucion issued Aug^o 24: 1674 [249]

Evans ag^t Noyes

William Evans Plaint. ag^t John Noyes Defendant in an accion of the case for detaining the Summe of Forty pounds or thereabouts in mony due to the saide Evans by Covenant upon the expiration of a Lease of an house sometime belonging to John Witherden the moity or halfe of which house the saide Evans purchased & paide for & was to bee repaide by the Now possessors at the expiration of the saide Lease; with other due damages according to Attachm^t Dat. June 19^th 1674. . . . The Jury . . . founde for the Plaint. thirty eight pounds mony & costs of Court. William Evans personally appeared in the Office July 31^th 1674 & acknowledged hee had received of John Noyse full Satisfaction for this Judgment.

Stoddard ag^t Rock

m^r Anthony Stoddard guardian to Tho: Robbinson plaint. ag^t Joseph Rock that was administrato^r to the Estate of m^r John Coggan & mistris Martha Coggan Executrix to the Last will & testament of m^r John Coggan deceased Defendant in an action of the case for refuseing to pay unto him the saide Guardian the Summe of Sixty nine pounds Fourteen shillings & eight pence mony; which is a fift part of what remaines in his hands as Administrato^r; as also a fift part of what Rents hee hath received since the date of his Account according to an order of Court; as by the same may more fully appeare with all due damages according to Attachm^t Dat: July: 22^th 1674. . . . The Jury . . . finde; Jf the will bee according to the Explanation of the County Court then wee finde for the Plaint. Sixty nine pound fourteen shillings & eight pence & costs of Court; if not wee finde for the Defendant costs of Court. The Magistrates finde for the plaint. Sixty pounds & costs of Court: The Defend^t appealed from this Judgment to the next Court of Assistants & the s^d Joseph Rock as principall in One Hundred & twenty pounds & James Brading & Jn^o Noyes as Sureties in Sixty pounds apeice acknowledged themselues respectiuely bound to . . . prosecute his Appeal . . .

Davis ag^t Legg

Thomas Davis Assignee of Joseph Townsend plaint. ag^t Sam^ll Legg Defendant in an action of the case for breach or nonperformance of a bill of Loading bearing date the 26^th of June: 1671. by the s^d Leggs not deliuering a horse & three [250] tight hogsheads according to the contents of s^d bill of Lading nor given or delivered a just & true Account with the produce of the saide horse & caske & due interest or forbearance of the mony or pay all which is to the saide Davis his damage to the value of Sixteen pounds in mony with other due damages according to Attachm^t Dat: July: 18^th 1674: . . . The Jury . . . founde for the plaint. the ballance of the Defendants acco^t viz: 950^li of neate good Muscovado Sugar here in caske & costs of Court being twenty shillings & six pence.

Execucion issued August: 10^th 1674.

Phillips ag^t Cowell

Henry Phillips plaint. ag^t Joseph Cowell Defend^t according to Attachm^t Dat: July: 16^th 1674. The plaint. withdrew his Accion upon the Defendants acknowledgm^t of a Judgment.

Prosser ag^t Hudson

Roger Prosser plaint. ags^t Cap^t William Hudson Defendant according to Attachm^t Dat: July 21^th 1674. The plaint. withdrew his Accion.

Hanniford ags^t Hambleton

Abigail Hanniford plaint. ags^t Alice Hambleton widdow & relict of William Hambleton late of Boston deceased Defend^t according to Attachm^t Dat. July: 23^th 1674: The plaint. withdrew her Accion.

Ball ag^t Rigbee

Francis Ball plaint. ags^t Sam^ll Rigbee Defend^t according to Attachm^t Dat. may 9^th 1674. The plaint. withdrew his accion.

Pool &^a against Clemonts

Joseph Pool & John Read plaint^s ags^t Augustin Clemonts Defend^t according to Attachm^t Dat: July: 21^th 1674. The plaint^s withdrew theire Accion.

Leverett ag^t Halsall

Hudson Leverett assigne of Cap^t William Hudson plaint. ag^t George Halsall Defendant for non paiment of Seventeen pounds & nine pence due by bill bearing date the 17^th day of March. 1657. or 58. with interest & all other due damages according to Attachm^t Dat: May. 13^th 1674. . . . The Jury . . . founde for the plaint. twenty three pounds currant pay & costs of Court being: £2:0:6

Execucion issued Aug^o 14^th 1674.

Hudson ag^t Prosser

Cap^t William Hudson plaint. ag^t Roger Prosser Defendant according to Attachm^t Dat. July: 21^th 1674. The plaintife withdrew his Accion.

Hudson ag^t Prosser

Cap^t William Hudson plaint. ag^t Roger Prosser Defend^t according to Attachm^t Dat. July: 21^th 1674. The plaintife withdrew his Accion.

Nanney ag^t Robey

Katharin Nanney Executrix to her husband Robert Nanney deceased plaint. ag^t Henry Robey who married the widdow & Executrix of Jn^o Garland Defend^t according to Attachm^t Dat July: 10^th 1674. The plaint. withdrew her accion. [251]

Hutchinson ag^t Sands

Cap^t Edward Hutchinson plaint. ag^t John Sands Defendant for violently strikeing of him, which occasioned his Arme to swell & put him to much paine according to Attachm^t Dated July 16: 1674. . . . The Jury . . . finde that the Defend^t hath broken the peace: & declared they Leaue the Judgment of damages to the bench: The Magistrates finde for the plaintiffe Forty shillings in mony & costs of Court.

Hutchinson ags^t Webb

Eliakim Hutchinson plaint. ags^t Thomas Webb & William Hamlen or either of them Defend^ts according to Attachm^t Dat. July: 23^o: 1674. This Accion was continued by consent of partys & allowance of the Court till the next County Court in case they cannot agree in the meane time.

Gibbs ag^t Gatchell

Robert Gibbs plaint. ag^t Sammuel Gatchell Defend^t in an action of debt of six pounds three shillings & two pence in mony due by bill with all due damages according to Attachment Dated June. 16^o 1674. . . . The Jury . . . founde for the plaint. six pounds three shillings & two pence in mony & costs of Court being 30^s 6^d

Chadwick ag^t Manning

John Chadwick of Maiden plaint. ags^t Anne Manning Executrix of the Last will & Testament of m^r Richard Parker Late of Boston deceased Defend^t in an accion of the case for that the s^d Richard Parker did about Seventeen yeares since receive from the s^d Chadwick Sixteen pounds sterling for the use of m^r Nicholas Parker & under pretence of being his Attourny & seuerall yeares after did giue mee under his hand to defend mee from the claime of any under the saide Nicholas Parker but hath not performed the saide ingagement for as much as the saide Chadwick hath been forced to pay the saide Summe of Sixteen pounds with the interest thereof for sixteen yeares since to Jonathan Parker & yet am not salved per the saide Richard Parker or his Executo^rs whereby J am greatly wronged & damnified to the value of about thirty pounds; with other due damages according to Attachm^t Dat: July: 21^th 1674 . . . the Jury . . . founde for the plaint. Nineteen pounds ten shillings in mony & costs of Court.

Bishop ags^t Wharton

Samuel Bishop plaint. ags^t Richard Wharton Defendant in an action of the case for witholding the Summe of Forty six pounds or thereabouts due for the hire of the Catch [252] Hopewell; however for the Freight of Forty hogsheads of Tobacco & five pounds four shillings for demurrage all which amounting to the value of Fifty one pounds four shillings as appeares by Agreement or Charterparty & all other due damages according to Attachm^t Dat. July. 14^th 1674. . . . The Jury . . . founde for the Defend^t costs of Court.

Jones ag^t Neylor

John Jones plaint. ags^t Edward Naylor Defendant in an accion of the case in that the foresaide Naylor hath forewarned Goodman Matson the Keeper of the prison of Boston to Entertaine the foresaide Jones or to Employ him in any worke or Service in his trade as to a Smith or other wayes; which is to the plaintiffes damage twenty five pound in mony & all other due damages according to Attachm^t Dat July. 23 1674: . . . The Jury . . . founde for the Defendant costs of Court.

Savage ag^t Hathorn

Cap^t Thomas Savage plaint. ags^t John Hathorn of Lynn Defend^t in an action of debt to the value of Fourteen pounds being the remainder of twenty eight pounds due by bill & due damages according to Attachm^t Dat. July. 22: 1674. . . . The Jury . . . founde for the plaintife twenty pounds four shillings & eleven pence in mony & costs of Court being twenty six shillings & ten pence.

Execucion issued Aug^o 14: 1674.

Savage ag^t Hathorn

Cap^t Thomas Savage plaint. against John Hathorn of Lynn Defend^t in an action of debt to the value of twelue pound two shillings & six pence as the remainder of the Summe of Forty pound twelue shillings & 6^d due by bill & due damages according to Attachm^t Dat. July: 22: 1674. . . . The Jury . . . founde for the plaintife Eighteen pounds two shillings & six pence in mony & costs of Court being twenty six shillings & six pence.

Execucion issued Aug^o 14: 1674.

Baker ag^t Stoodlee

Nathaniell Baker of Hingham plaint. ag^t Joseph Stoodlee Cooper according to Attachm^t Dat: May: 14^th 1674.

The plaint withdrew his accion.

Rawson ag^t Glover &^a

William Rawson (that married Anne the sole daughter of Nathaniell Glover deceased & Mary his wife) plaint. against Habakkuk Glover & John Gurnell (as they are appointed guardians to the Children of the saide Glover by the County Court) Defendants in an action of the case for refuseing to [253] give a just true & perticuler accompt of his or theire management of the saide Estate & his saide Rawsons fourth part or portion due to him for mony goods & Rents in his or theire hands for seuerall yeares past since that betrustment, with a just & perticuler accompt thereof with all due damages for deteining the same & other due damages according to Attachm^t Dat: July 22 1674. . . . The Jury . . . founde for the plaintife six pounds two shillings & five pence in currant pay & costs of Court Forty five Shillings.

Poole ag^t George

John Poole plaint. ag^t Joshua George Defend^t according to Attachm^t Dat: June 2^d 1674. The plaint. withdrew his Accion.

Peirson ag^t Hilton

George Peirson plaint.

ag^t Charles Hilton Defend^t in an accion of debt for witholding thirteen thousand foote of merchantable pine boards due to him the saide Peirson or his order as will appeare under his hand & for due damage according to Attachm^t Dat: June. 16^th 1674. . . . The Jury . . . founde for the Defend^t costs of Court.

Adams ag^t Rosse

Alexander Adams plaint. ag^t Roger Rosse Defend^t in an accion of debt of Seven pounds seven shillings & four pence due by bill & due damages according to Attachm^t Dat July: 21^th 1674. . . . The Jury . . . founde for the plaintife Seven pounds seven shillings & four pence in mony & costs of Court.

Stoddard ag^t Jewitt

M^r Anthony Stoddard plaint. ag^t Jeremiah Jewett one of the Execute^rs of the Last will & Testament of m^r Joseph Jewitt of Rowley deceased Defend^t for not paying him the Summe of Eighty six pounds eight shillings four pence that Joseph Jewitt his Father was indebted to him at the time of his death as by booke will appeare with all due damages for the same according to Attachm^t Dat. Aprill. 30^th 1674. The Accion being called the plaintiffe appeared; but neither the Defend^t nor his Surety appearing upon due calling the Court declared theire bond forfited & Order the Accion to proceed to tryall according to Law. . . . The Jury . . . founde for the Defendants costs of Court.

Bull ag^t Leverett

Henry Bull plaint. ag^t Hudson Leverett Defent^t in an accion of the case for non paiment of two thousand One hundred & one pound of Virginia Tobacco remaining due upon a bill [254] or specialty under the hand of the saide Hudson Leverett bearing date the 14^th of Decemb^t 1669 & other wayes may appeare to the plaintiff^s damage twenty five pounds in mony with due interest for the same with other due damages according to Attachm^t Dat: July: 18^th 1674. . . . The Jury . . . founde for the plaintife two thousand One hundred & one pound of good Merchantable Tobacco here with interest at 5^li per^c the s^d Bull allowing for Freight Risco & all other necessary charges: or ten pounds Eighteen shillings mony & cost of Court being twenty nine shillings & eight pence.

Execucion issued 25 Aug^o 1674.

Rawson ag^t Cooke

Edward Rawson of Boston plaint ag^t Robert Cooke of Boston Hornbreaker Defend^t for witholding a debt of twenty pounds starling mony of England due by bill of Exchange bearing date 17^th of February. 1671. by him the saide Cooke charged on m^rs Elinor Gallophine of London widdow who hath protested the same with all usuall just damages in such case & other damages since the s^d protest: &c. according to Attachm^t Dat June tenth: 1674. . . . The Jury . . . founde for the plaintife twenty five pounds five shillings in mony & costs of Court being thirty six shillings & four pence.

Execucion issued 7^br 4: 1674.

Crown ag^t Sprague

Colonell William Crown plaint. ag^t Jonathan Sprague Defend^t according to Attachm^t Dat. Aprill 29^th 1674. The plaintife withdrew his Accion.

Saffin ag^t Emmons

John Saffin plaint. ag^t Obadiah Emmons Defent^t according to Attachm^t Dat. July 22^th 1674. The plaint. withdrew his Accion.

Hisket ag^t Gibbs

George Hisket plaint. ag^t Benjamin Gibbs Defent^t according to Attachm^t Dat. July. 18^th 1674. The plaintife not appearing upon due calling was NonSuited. & costs granted the Defent^t being thirty shillings.

Execucion issued 15: 7^br 74.

Kellond ag^t Belcher

Thomas Kellond Plaint. ag^t Jeremiah Belcher Defent^t according to Attachm^t Dat. July: 17^th 1674. The plaint. withdrew his Accion upon the Defent^ts acknowledgm^t of a Judgment

Smith ag^t Russell &^a

John Smith Plaint. ag^t Cap^t Thomas Russell & Jn^o Dafforne Defend^ts according to Attachm^t Dat. July. 23^d 1674. The plaint. withdrew his Accion.

Calley to Noyes

Joseph Calley personally appeared in Court & acknowledged a judgment against himselfe & Estate for thirteen pounds six shillings & six pence in mony to John Noyes as Attourny to Nathaniell Oliver according to bill [255]

De Wit to Freake

John De Wit personally appeared in Court & acknowledged a Judgment against himselfe & Estate for twenty six pounds in mony to m^r John Freake.

Execucion issued: 8^br 19: 74.

Ruggles made Free

John Ruggles of Roxbury tooke the Oath of Freedom of this Colony.

Addington Sworn Clarke

Jsaac Addington was Sworn Clarke of the County Court of Suffolke.

Grandjury dismist

The Grandjury brought in theire bill of presentm^ts July: 28^th & were dismissed for this Court.

Order about S^r Tho: Temples Estate

Whereas S^r Tho: Temple Late of Boston in New-England deceased did Nominate the Hono^rd Jn^o Leverett Esq^r Cap^t Tho: Lake m^r John Richards & m^r Jn^o Hull as Executo^rs of his Last will; which hee Left in New-England; which Executo^rs upon the probate of s^d Will haue entred theire perticuler renunciation of theire s^d Executorship: Upon which the Court judged it meete for the Securing of the s^d Estate in New-England for the benefit of such as may make any Legall demand to the same or any part thereof) to Order & appoint & doe hereby Order & appoint Cap^t Thomas Lake m^r John Richards & m^r John Hull to take an Jnventory of the s^d Estate & bring it into the Court & to act in all respects as Administrato^rs to the s^d Estate: And judging (by the pu^rsent Jnformation given) that the saide Estate will proue insolvant doe hereby Authorize & Empower m^r Anthony Stoddard Cap^t W^m Davis & Cap^t Edward Hutchinson as a Committee to receive the claimes of the Credito^rs to that Estate to Audit & pass theire Accounts The Credito^rs who are in this Country to bring in theire claimes to the s^d Committee within six months & the Credito^rs who are in England to bring in theire claimes within Eighteen months next following. The s^d Committee to appoint time & place for receiving the saide claimes And all persons concerned therein are hereby required to attend the meetings of the s^d Committee to that end & that this Order bee posted at Boston Salem & piscataqua.

White Fin^d 5^li halfe remitted

Benjamin White convict in Court of assayling Jabez Buckminster upon the highway commanding him to stay being in the duske of the Evening, taking his horse by the bridle & pulling him off his horse. The Court Sentenced him to pay five pounds in mony as a fine to the County & Fees of Court standing committed untill the Sentence bee performed: Upon his humble petition The Court afterwards remitted halfe of his Fine.

Dedham Commission^rs

Cap^t Daniel Fisher, W^m Avery & Richard Ellice are appointed Commission^rs for the Town of Dedham to end small causes for the yeare Ensuing.

Jrons Fined 20^s

Thomas Jrons committed to prison to answer for his procuring Richard Barnhum to publish a marriage between him s^d Jrons [256] and Mary Arnold, the s^d Jrons not having consent of the mayde or her parents soe to doe of which hee was convict in Court The Court Sentenc^d him to pay twenty shillings in mony as a fine to the County & fees of Court standing committed untill the Sentence bee performed.

Barnhum Fined 10^s

Richard Barnhum being bound over to Answer for his publishing the baines of Marriage between Tho: Jrons & Mary Arnold; which hee Own^d in Court The Court Sentenc^d him to pay ten Shillings in mony as a Fine to the County & fees of Court standing committed untill the Sentence bee performed.

Bishop to Richards

Samuel Bishop of Jpswich personally appeared in Court July 29^th 1674 & acknowledged a Judgment against himselfe & Estate unto m^r John Richards for twenty eight pounds ten shillings & six pence in mony according to bill, with interest bearing date the Last day of Aprill 1672 @

Lovells Forfiture remitt^d upon paying: 20^s

Upon the request of John Lovell of Weymoth & James Lovell his brother who was also his Surety) made to this Court for a remission of the forfiture of theire bonds declared forfited by the Last County Court upon John Lovells non appearance The Court was pleased upon theire paiment of twenty shillings to the Treasuro^r to remit the saide Forfiture.

Cowell to Phillips

Joseph Cowell personally appeared in Court July: 30: 1674 & acknowledged a Judgment against himselfe & Estate unto m^r Henry Phillips for Nine pounds Eleven Shillings mony.

Execucion issued 7^br 12: 1674.

[Freeman Sworn]

Clemont Bate of Hingham tooke the Oath of Freedom of this Jurisdiction.

Bendall Sworn Record^r

Free Grace Bendall was Sworn Reccord^r of the County of Suffolke.

[Commissioners Sworn]

Cap^t Daniel Fisher & Sergeant Richard Ellice were Sworn Commission^rs for the Town of Dedham.

Chandlers Sentence

John Chandler & Elisabeth Chandler Son & daughter of John Chandler sen^r of Roxbury being presented to this Court for wanton uncivill & unseemely carriages The Court upon hearing of the case, what was proved & what was Owned by themselues doe Sentence the s^d John & Elisabeth to bee severely whip’t by theire Father & mother in theire own house in pu^rsence of the Constable & John Stebbins The Father to correct his Son & the mother her daughter with such a Number of Stripes as the Constable & s^d Stebbins shall judge meete not exceeding fifteen Stripes apeice & that the s^d Children bee put asunder & not suffered to dwell together till the Court take further Order.

Milton und^r a pœnalty

The Town of Milton being presented for not providing a watch house according to Law: Answer being made that they were building one The Court Orders that the s^d Watch house bee compleated & finished by the next Court of this County. [257] under the pœnalty of Fifty shillings to bee forfited to the County

Belcher to Kellond

Jeremiah Belcher sen^r of Ipswich personally appearing in Court acknowledged a judgment against himselfe & Estate unto Thomas Kellond of Boston Merchant for the Summe of thirty pounds in mony being for soe much remaining due upon a bill of £47:15:6 bearing date Novemb^r 5: 1663.

Execution issued 21^o 8^br 1678

Price his Guardian

Thomas Price appeared in Court & made choise of m^r John Joyliffe for his guardian which hee accepted & the Court allowed of

Order ab^t Price his Estate

Whereas Richard Price of Boston in New-England; who Lately dyed in Nevis did Nominate m^r Jn^o Joyliffe & his wife Elizabeth Price Executo^r & Executrix of his Last will & Testament they both appearing before this Court did enter theire renunciation of theire s^d Executorship. Upon which the Court granted Administration of the s^d Estate unto m^r William Tayler and m^r John Freake in behalfe of themselues & the other Credito^rs & being informed that the s^d Estate would proue insolvant; doe Order & appoint Cap^t Tho: Lake Cap^t Samuel Scarlet & m^r Tho: Kellond as a Committee to receive the claimes of the Credito^rs to that Estate to Audit & pass theire Accounts, the Credito^rs who are in New-England to bring in theire claimes to the saide Committee within six months & the Credito^rs who are in England to bring in theire claimes within twelue months next following, the saide Committee to appoint time & place of meeting for receiving the saide claimes & all persons concerned are hereby required to attend the meetings of the s^d Committee to that end.

Order ag^t making use of Evidences in more cases then one

Whereas this Court have observed & taken notice of a great inconveniency ariseing, by partys (having actions upon tryall in Court) who frequently doe desire that the same Evidences which are put in in one case, should bee made use of in another, & thereby make a disorder & confound both the Jury & Officers in sorting the papers: The Court doe hereby Order & declare that noe person whatsoever hence forward shall make use of the same Evidences in one case which hee or they haue given in in another; but shall either put in New Evidences or Coppies of such as hee had given in to a former case.

Hingham Commission^rs

Deacon Jn^o Levit Daniel Cushing & Edmund Pitts are appointed Commission^rs for the Town of Hingham to end small causes for the yeare ensuing.

Lincoln Sentenc^d

Sammuell Lincoln of Hingham bound over to this Court to answer for his peeling of an apple tree & cutting off the Eares of a horse belonging to Nathaniel Baker: The Court on hearing w^t was alleaged & proved ag^t him Sentenc^d him to bee admonish’t & to pay fees of Court standing committed untill y^e Sentence bee perform^d. [258]

Levit Admonish’t

Josiah Levit of Hingham being presented for committing Fornication with a daughter of Goodman Brookes of Scituate formerly Servant to Nathaniel Baker of Hingham: The Court on hearing what was alleaged & proved against him; as also the Evidences produced by him; doe Sentence him to bee admonished & to pay such charges of prosecution as shalbee allowed of by the Court paying fees of Court standing committed untill the Sentence bee performed.

Hopkins Sentenc^d

William Hopkins of Roxbury being presented for offering both abuse in words & actions unto Deliuerance Dunckin the wife of Samuel Dunckin of Roxbury: The Court on hearing of what was alleaged & proved against him in the case doe Sentence him to bee whip’t with ten stripes & to pay fees of Court standing committed untill the Sentence bee perform^d.

Hubbert Sentenc^d

John Hubbert of Roxbury presented for drunkenness & boasting of his making another man drunck The Court upon hearing of what was alleaged & proved ag^t him in the case doe Sentence him to pay ten shillings in mony as a fine to the County & to give in bond with Sureties of 20^li for his good behavio^r untill the next Court of this County standing committed untill the Sentence bee performed if hee can finde noe Sureties then take his own bond.

Okkington present^d

William Okkington being presented for drunkenness The presentment not being proved fell.

Prise Sentenc^d

Robert Prise being bound over to this Court to answer for his committing Fornication with Francis Bacon by whome shee hath had a bastard Childe: The Court upon hearing what was alleaged & proved ag^t him in the case doe declare him to bee the reputed Father of the Childe Lately born of the body of Francis Bacon according to Law & Order him to pay 2^s 6 in mony per weeke towards the maintenance of s^d Childe from the time of its birth till the Court take further Order & to pay fees of Court standing committed untill this Sentence bee performed. Goodman Gurney of Dorchester engaged in Court to see the saide payments performed.

Bacon Sentenc^d

Francis Bacon convict by her own confession in Court of committing Fornication with Robert Prise by whome shee hath had a bastard Childe: The Court Sentenc^d her to bee whip’t at Dorchester upon a Lecture day with 15 stripes & to pay fees of Court.

Gulliv^r Sentenc^d

Samuel Gulliver of Milton convict in Court of stealing [259] a horse from Sammuel Wadsworth. The Court Sentenc^d the s^d Gulliver to pay treble damages according to Law being nine pounds in mony: And whereas the saide Wadsworth hath illegally received his horse again, hee is to haue but three pounds besides his horse the other three pounds is to bee paide in mony as a fine to the County by the saide Gulliver & to pay fees of Court standing committed untill the Sentence bee performed.

Haugh Fined

Samuel Haugh being complained of by Lydia Thwaite his Sister Walkers maide for unreasonably beating of her, Shee showing the Effects of the blows by blackness & blueness in the flesh; The s^d Haugh Owning in Court that hee did beate her & through his passion too unreasonably The Court Sentenc^d him to pay five shillings in mony as a fine to the County & ten shillings in mony to the maide; with fees of Court standing committed untill the Sentence bee performed.

Tebo Sentenced

Joseph Tebo committed to prison to answer for his stealing of nine pounds in mony & two gold rings valued at three pounds from Rowland Gideon & Daniel Barrow; which the s^d Tebo confessed in Court: The Court Sentenced him to bee whip’t w^th twenty stripes & to pay Forty Shillings in mony as a fine to the County & to pay unto Rowland Gideon & Daniel Barrow the Summe of thirty six pounds in mony (whereof they haue received £5:3:4 being that threefold restitution that the Law requires & to pay fees of Court & prison standing committed untill the Sentence bee performed.

Mahue & Tuckerman bond forfited

Mary Mahue & John Tuckerman being bound jointly & seuerally in a bond of five pounds mony for the saide Mahues personall appearance at this Court: The saide Mahue being called Tuckerman appeared & made answer She was escaped, Upon which the Court declared theire bond Forfited.

Sheldrack Richards & Bew^rs bond forfit^d

Henry Sheldrack being bound over to this Court in the Summe of: 10^li in mony & Humphry Richards & John Bewers being bound as Sureties in 5^li apeice mony that the s^d Sheldrack should appear at this Court to answer for his Living in a course of uncleanness with Ann Egington: When being called to answer for the same his Sureties made answer hee was escaped: The Court declared both principall & Sureties bond forfited & upon the petition of the Sureties The Court afterwards remitted theire bonds upon theire paiment of five pounds in mony within one weekes time, unless they take the principall & recover of him then to pay the whole ten pounds. [260]

Woolaston Sentenc^d

John Woolaston being committed to prison to answer for his stealing of two Shirts & a Neckcloth from Enoch Wiswall of Dorchester valued at thirty Shillings; as also from James White of Dorchester three peeces of Linnen cloth valued at four pounds one Shilling; all which hee confessed in Court: The Court Sentenced him to pay twenty Shillings in mony as a fine to the County & to restore unto Enoch Wiswall his Shirts & Neckcloth again & to pay him twenty Shillings in mony & to restore to James White his cloth again & to pay unto him Fifty four shillings in mony being that threefold restitution that the Law requires & to pay fees of Court & prison standing committed untill the Sentence bee performed.

Jarrets bond forfited

James Jarret being bound over to this Court to answer for seuerall misdemeano^rs & not appearing upon due calling The Court declared his bond of twenty pounds in mony to bee forfited.

Committee for deviding Wards Land

Cap^t Edward Hutchinson, Jonathan Balston & John Noyse are Ordered & appointed as a Committee to make an equall division of the Land Late the Land of Benjⁿ Ward deceased; which is still undevided between Stephen Butler & W^m Holowell & to make theire Return to the Court.

Ambross & Gibbs’s bond Forfited

Samuel Ambross being bound over to this Court in 10^li in mony and m^r Robert Gibbs as his Surety in 10^li in mony to answer the complaint of Roger Rose for his unjustly taking & deteining his cloaths & severall goods from him: The saide Ambross not appearing upon due calling The Court declared his & his Sureties bond to bee Forfited.

Order for Execucion ag^t Sprague

The Court Orders that the Clarke grant Execucion against the Estates & persons of Jonathan Sprague & his Father for the Satisfaction of theire bonds forfited, to bee paide to the Treasuro^r

Punnell Sentenc^d

Mary Punnell being bound over to this Court to answer for her absenting herselfe from the Service of her Master Tho: Holman of Milton & journying about the Country with James Jarret, of which Shee was convict in Court & being committed to prison by the Court made an Escape: The Court Sentenced her that if any time hereafter Shee shalbee found within the Limits of Dorchester or Milton that Shee bee forthwith apprehended by the Constable and whip’t with thirty Stripes.

Langbury admonish’t

John Langbury committed to prison for his Selling of three quarts of beere to Jndians: Owned in Court that soe hee did but saide it was small beere of a penny a quart. [261] The Court Sentenced him to bee admonished & to pay fees of Court & prison standing committed untill the Sentence bee performed.

Josiah Jndian Sentenc^d

Josiah Jndian being committed to prison to answer at this Court for his wounding of another Jndian with a cutlash w^ch hee Owned in Court. The Court Sentenc^d him to bee whipt w^th ten Stripes or to pay ten Shillings in mony fine to the County & to pay for the cure of the wounded Indian & all other damages to pay fees of Court & prison standing committed untill the Sentence bee performed.

Joseph Jndian Sentenc^d

Joseph Jndian being committed to prison to answer at this Court for that hee having a wife by whome hee hath had two Children hath fiue dayes since in Boston taken another Squaw with whome hee liues & keepes company as his wife; which hee Owned in Court: The Court Sentenc^d him to bee seuerely whip’t with twenty Stripes & to pay fees of Court & prison standing committed untill the Sentence bee performed.

Awk-whew Jndian Squaw Sentenc^d

Awk-whew Jndian Squaw, standing committed to prison to answer at this Court for her keeping company with Joseph Jndian as his wife when hee hath another wife that is Living; which Shee Owned in Court: The Court Sentenc^d her to bee whipt with Fifteen Stripes & to pay fees of Court & prison standing committed untill the Sentence bee performed.

Job Jndian discharged

Job Jndian being committed to prison to answer at this Court the complaint of Clemont Bate of Hingham for stealing a paire of Stockins & seuerall other things out of the house of s^d Bate: Upon hearing of the case the matter not being fully proved The Court Orders the s^d Job to pay fees of Court & prison & soe discharge him.

Peggy Fin^d 10^li & bound to y^e behavio^r

Edward Peggy being bound over to this Court to answer what should bee alleaged & proved against him for useing indirect meanes by powders or other wayes unlawfull to Engage the affections or desires of women kinde to him & for begetting Ruth Henningway of Roxbury with Childe: The Court on due consideration of what was alleaged & proved against him for his making Suite to & drawing away the affections of Ruth Henningway; as also the daughter of Robert Sanford without first obteining theire parents consent doe Sentence the s^d Peggy to pay ten pounds in mony according to Law as a fine to the County & to giue in bond of 80^li with Sureties for his good behavio^r till the next Court of this County & then to appeare & abide the Order of the Court & to pay fees of Court Standing committed untill the Sentence bee performed

Henningway bound over

Ruth Henningway is Ordered to renew her bonds for her [262] appearance at the next Court of this County & abideing the order of the Court or else to bee committed to prison. Shee renewed her bond

Bradley presented

Nathan Bradley of Dorchester being presented for Selling Sider without Licence; hee appearing Owned the presentment; but excused his act with his having the Selectmens approbacion in order to the Courts granting him A licence & did ignorantly act upon that: The Court accepting his excuse cautioning of him dismist him.

Edmunds Sentenc^d

Andrew Edmunds, being bound over to this Court to answer the charge of Benjⁿ Gibbs about stealing a Silver porringer. The Court upon hearing what was alleaged & proved against him for confœderating with Joseph Waters in stealing a Siluer porringer from the s^d Gibbs, part whereof was sold at m^r Hulls Shop valued at twelue Shillings: Sentenced the saide Edmunds to pay unto m^r Benjⁿ Gibbs in mony the Summe of thirty six shillings being that threefold restitution the law requires & to pay fees of court standing committed untill the Sentence bee performed. And whereas the Court is informed that the saide Edmunds hath a wife in Holland & that hee hath remained here a considerable time from her: The Court Orders him to return to his wife by the next Court of this County under the pœnalty expressed in the Law.

[This case had unexpected consequences for Waters. See the order about his horse, below, p. 490, and his sentence, below, p. 493.]

[Order about Hawkins]

The Court refers the further Examination of Mary Hawkins to the Commission^rs of Boston to bee returned to the next County Court or sooner if it may bee & Order her mittimus to bee returned to the Keeper.

The Court Adjourned from Saturday the first to Munday the 3^d of August: 1674: at Eight a clock in the morning.

3: August: 1674 @

The Court met according to Adjournment.

Meares admonish’t

James Meares being presented for meeting with seuerall others at a quakers meeting upon a lords day in Aprill Last past at the house of Nicholas Moulder; which hee Owned in Court; but saide hee onely went in hearing of them as hee went down towards the North meeting house but when hee was in staied there: The Court admonish’t him Ordered him to pay fees of Court & soe discharged him.

Sparkes Sentenc^d

Margery Sparkes being committed to prison to answer for her committing Fornication with John Lorin by whome shee hath had a bastard Childe; which Shee confessed in Court The Court Sentenced her to bee whipt with ten Stripes or to pay Fifty Shillings in mony as a [263] Fine to the County & fees of Court standing committed untill the Sentence bee performed And the Court Orders her Master Thomas Walker to pay her prison charges.

Helman admonish’t

Hannah Helman presented among seuerall others for meeting at a quakers meeting upon a Lord’s day in aprill Last past at the house of Nicholas Moulder; which Shee Owned in Court, it being the first conviction The Court admonished her, ordered her to pay fees of Court & discharged her.

Wilmots Estate Setled

For the Setlement of the Estate of the late John Wilmot deceased the Court Orders that John Wilmot his Sonn haue the house & Land neere the mill Creeke, to bee kept in good repaire till the saide John come of age, the rest of the saide Estate is confirmed upon John Smith (who married the Relict of s^d Wilmot) in right of his wife to bee disposed of by him for his use for ever.

Thornton Fined 50^s

Hanna Thornton being sent for before the Court to answer for her committing Fornication & having a bastard Childe which shee Owned in Court & charged Joseph Pollee to bee the Father thereof: The Court Sentenced her to bee whip’t with ten Stripes or to pay Fifty Shillings in mony fine to the County & fees of Court standing committed untill the Sentence bee performed.

Smith Sentenc^d

Dorcas Smith being bound over to this Court to answer for many cursing reviling & evill speeches, & other misdemeano^rs of which Shee was convict in Court: The Court Sentenced her to bee severely whip’t with fifteen Stripes & to pay fees of Court standing committed untill the Sentence bee performed.

Somes Fined 20^s

John Somes being presented by the Grandjury for meeting at a quakers meeting upon two seuerall Lords dayes at the house of Nicholas Moulder in Boston, it being after due conviction thereof formerly The Court Sentenc^d him to pay twenty Shillings in mony fine to the County according to Law & fees of Court standing committed untill the Sentence bee performed.

Hooper Fined 20^s

Mary Hooper presented as aboue, it being also after former conviction The Court Sentenc^d her to pay twenty shillings in mony as a fine to the County & fees of Court standing committed &^a The Court afterwards see cause to respite her fine till further order, & Order her release from prison.

Amy Fin^d 20^s

Matthew Amy presented as aboue, it being also after form^r conviction: The Court Sentenc^d her to pay twenty Shillings in mony as a fine to the County & fees of Court standing committed. The Court upon her husbands petition respites her fine till further Order & Order her release from prison. [264]

Stratton Fin^d 20^s

Eliford Stratton presented for meeting at a quakers meeting upon two seuerall Lords dayes in aprill last past at the house of Nicholas Moulder in Boston; which Shee Owned in Court & being after former conviction The Court Sentenced her to pay twenty Shillings in mony as a fine to the County & fees of Court standing committed untill the Sentence bee perform^d

Moulder Fined 20^s

Christian Moulder presented as aboues^d which Shee Owned in Court, it being after former conviction The Court Sentenc^d her to pay twenty Shillings in mony as a fine to the County & fees of Court standing committed untill the Sentence bee performed.

Due Fined: 10^s

Esther Due presented for once meeting as aboues^d which Shee Owned in Court, it being after former conviction The Court Sentenc^d her to pay ten Shillings in mony as a fine to the County & fees of Court, standing committed untill the Sentence bee performed.

Mills Admonish’t

Mary Mills being presented as aboues^d which Shee Owned in Court; not having been formerly convict thereof: The Court admonished her Ordered her to pay fees & soe discharg^d her.

Swimsteed Admonish’t

John Swimsteed present^d as aboues^d which hee Own^d in Court; not having been formerly convict thereof: The Court admonished him Ordered him to pay fees & discharged him.

Somes Admonish’t

The wife of John Somes present^d as aboues^d which Shee Owned in Court; not having been formerly convict thereof The Court admonished her, Ordered her to pay fees & soe discharged her.

Order to Benjⁿ Gillams Adm^rs

The Court Orders that the Administrato^rs to the Estate of the late Benjⁿ Gillam deceased, doe bring in an Account of that Estate to the next Court of this County on the first day of s^d Court, that soe there may bee a Setlement & division made of the same.

Veerin Fined & bound to good behavio^r

John Veerin being presented by the Grandjury for cursing Swearing & common rayling, & Evidence of ill behavio^r in his family appearing: The Court Sentenc^d him to pay twenty Shillings in mony as a fine to the County; & to giue in bond with Sureties of Forty pounds to bee of good behavio^r till the next Court of this County & to pay fees of Court standing committed untill the Sentence bee performed. The s^d Jn^o Verin as principall in £20 & James Brading & Dan^ll Turill sen^r in £10: apeice were accordingly bound.

Order about Waters his horse

Whereas Joseph Waters of Lancaster, who stole a peice of plate from m^r Benjⁿ Gibbs of Boston valued at: 40^s [265] hath made his Escape & although warrant is out for his apprehention doth still abscond & is concealed: The Constable of Lancaster having Seized a horse of the saide Waters’s & hath him in his custody, who is at expence & charge in keeping & Looking after him: The Court Orders that the saide Constable doe deliver the saide horse to m^r Benjⁿ Gibbs at apprizement by men indifferently chosen.

Order ab^t Salt in m^r Whartons custody

Vpon the information of m^r Richard Wharton, that as hee was Constable about two yeares since, hee did by virtue of his Office attach a parcell of French Salt as the Estate of Elder Jn^o Wiswall at the Sute of Thomas Clarke Late of Plimouth & secured the same in m^rs Olivers Warehouse; The s^d Wiswall & Clarke both of them refuseing to receive or take care thereof: The Court Orders & Empowres m^r Richard Wharton to make Sale & dispose of the same & return the mony into the Court with an account of charge upon the same.

Beales Licence

Nathaniell Beale of Hingham had his Licence renewed for the yeare ensuing to keepe a house of publique entertainm^t to sell wine & strong beere by retail for the yeare Ensuing & hee bound himselfe as principall in ten pounds & Josiah Hobart as Surety in five pounds bound himselfe to the Treasuro^r of the County of Suffolke for the s^d Beales observance of his Licence.

Sandys Fined

6^s 8^d John Sandys being bound over to this Court to answer for his breaking the peace in striking Cap^t Edw^d Hutchinson; which hee confest in Court: The Court Sentenced him to pay six Shillings & eight pence in mony as a fine to the County & fees of Court standing committed untill the Sentence bee performed.

Eaton purged by Oath

Elizabeth the wife of Jabez Eaton being accused by an Jndian for selling him three quarts of strong beere for which hee paide six pence in mony: The Court Orders that the saide Eaton doe purge herselfe by her Oath or that Shee bee whip’t with ten stripes or pay twelue pounds in mony as a fine to the County & fees of Court standing committed untill the Sentence bee performed. The s^d Elisabeth tooke her Oath according to Law.

The Court adjourned from Tuesday the 4^th to Thursday the 20^th of August, at nine a clock in the morning. [266]

August 20^th 1674 @

The Court met according to Adjournment.

[Clarke Sentenced]

Alice Clarke widdow convict in Court by her own confession of Selling Strong beere without Licence The Court Sentenc^d her to pay five pounds in mony fine to the County according to Law & fees of Court Standing committed untill the Sentence bee performed.

Connigrave Fin^d 5^li

Elizabeth Connigrave convict of selling Strong beere without Licence The Court Sentenc^d her to pay five pounds in mony fine to the County according to Law & fees of Court standing committ^d untill the Sentence bee performed.

Order ab^t Hitt

Jn Answer to the request of Anne Hitt widdow & Administratrix to the Estate sometime Eliphalet Hitts of Boston deceased that Shee might haue Liberty to dispose of & put to Sale some part of that Estate for the paiment of debts & Legacies & maintenance of herselfe & Children: The Court Orders & Empowres the saide Anne Hitt (with the consent & advice) of those that are Sureties for her true Administracion upon the saide Estate) to dispose of & put to Sale the house & ground at Charlestown valued in the Jnventory at £:170. Shee rendring an Account of s^d Sale unto the Court of this County.

Order for Deerings appearance

The Court Orders that Mary Deering widow & administratrix to the Estate of Samuel Deering Late of Brantery deceased doe appeare at the next Court of this County upon the 6^th day of the weeke to answer the complaint of Joseph Adams exhibited to this Court in his petition & that in the meane time Shee alienate none of the s^d Estate.

m^r Gibbs his Forfiture remitt^d upon paiment of: 20^s

Jn Answer to the petition of m^r Robert Gibbs The Court was pleased to remit the forfiture of his bond of 10^li declared forfited at this Court at theire former Session upon the non appearance of Samuel Ambross for whome hee was bound upon the s^d m^r Gibbs his paiment of 20^s in mony to the Treasuro^r of the County.

Order ab^t m^r Wharton & Gibbs theire papers

M^r Richard Wharton & m^r Benjⁿ Gibbs appearing in Court & declaring that whereas they had severall actions depending this Court that had agreed them amongst themselves and desired that they might haue theire papers delivered out again m^r Wharton also declared the action depending between Augustin Mellot & m^r Gibbs was agreed between them & did in Mellots behalfe desire the deliuery of those papers out again & that the verdicts of the Jury given in in [267] theire severall cases might bee made Null; which the Court granted and Ordered the delivery of theire papers to the severall parties accordingly: they declaring that they withdrew theire actions.

Waters Sen^t

Joseph Waters being bound over to the Court to answer for his stealing a silver porringer from m^r Benjⁿ Gibbs & being called to answer for the same The Court upon hearing of what was alleaged & proved against him & what himselfe Owned in the case Sentenc^d the saide Waters to pay Forty Shillings in mony as a fine to the County & to pay to m^r Benjⁿ Gibbs £:5:8:0. in mony being that threefold restitution which the Law requires (the saide Gibbs to haue his peice of plate, which was sold to m^r Hull returned to him again) & to pay fees of Court standing committed untill the Sentence bee performed: and the Court declare that they discharge Andrew Edmunds from the Sentence of the Court declared against him at theire former Session & from his imprisonment; The s^d Waters having cleered him in open Court.

Cawley Sent

Nicholas Cawly being imprisoned till this Court to answer the complaint of m^r Tho: Brattle for stealing three setting poles & cutting & taking of some of the wharfes before the Town of Boston, a peice of a New hauser; which were valued at Eighteen Shillings: The Court on hearing what was alleaged & proved against him & what himselfe Owned, doe Sentence the s^d Cawley to bee whip’t with twenty Stripes & to pay unto m^r Tho: Brattle Fifty Shillings in mony being that threefold restitution which the Law requires returning the saide Brattle his two poles again & to pay fees of Court & prison standing committed untill the Sentence bee perform^d

Court Order ab^tm^r Rock

Upon farther consideration of the Account presented by m^r Joseph Rock to a former Court of his Administracion to the Estate of m^r Jn^o & M^rs Martha Coggan deceased & the former Orders of Court passed thereupon for m^r Rocks paiment to the Guardians of m^r Thomas Robinsons Children the Summe of £:209:04:0 to each guardian his due proportion thereof: The Guardians declaring theire willingness to refer the further consideration thereof to the Court judge meete to allow to m^r Rock £:38:18:8. more then what they haue formerly allowed him out of the Estate of the s^d m^r Coggan & doe take of & rebate £:29:4:0 of the Summe of £:209:4:0 ordered by the Court for the saide Rock to pay to the s^d Guardians & the other £:9:14:8 to bee deducted out of that part of the s^d Estate ordered to m^r Rock as guardian to one of s^d Robinsons Children.

Order ab^t Punnell

The Court Orders the Clarke to issue out a warrant to the Constables of Dorchester Milton & Brantery to apprehend Mary Punnell & to bring her to prison. [268]

Sawdy’s Estate Setled

Ann Holliday widow (& Administratrix to the Estate of her former husband John Sawdey deceased) moving this Court for a division & Setlement of the Estate left by her saide husband Sawdey between herselfe & the five Children Shee had by saide Sawdey, three of which being grown up appeared in Court & did mutually choose theire s^d mother to bee theire guardian which Shee accepted & the Court approved of: And the Court Ordered the saide Anne to pay out of the Estate unto John Sawdey the eldest Sonn five & twenty pounds when hee shall come of age & to the other four Children of the s^d Sawdey to each of them twelve pounds ten Shillings as they shall arrive at theire respective ages; and confirme the rest of the Estate upon the widow for ever Shee to haue the emprovement of the whole till the Children come to age.

Order ab^t Sprague & Peirce

Jn Answer to the petition of William Sprague: The Court Orders that W^m Sprague & Mihel Peirce doe pay twenty pounds in mony to the Treasuro^r of the County towards paying of charges expended about Jonathan Sprague for whome they were bound & theire bonds declared forfited & respit any farther proceeding till farther Order upon condicion they pay ten pounds apeice in mony

Order ab^t Tebo

Jn Answer to the petition of Rowland Gideon & Daniel Baru The Court abates the fine of Forty Shillings imposed on Joseph Tebo & Order that the s^d Tebo bee delivered unto the Petition^rs

Kibby’s Fine abated conditionally

Jn Answer to the Petition of Edward Kibby. The Court abate his fine of 12^li imposed on him by the County Court in January last & Release his Land made over for Security thereof provided hee forthwith pay five pound in mony to the Treasuro^r of the County.

This Court dissolved.

Barton to Hobby

Edward Barton of Capebonne Waggon671 Fisherman personally appeared August 25^th 1674 before John Leverett Esq^r Govern^r & Edward Tyng Esq^r Assist and acknowledged a judgment against himselfe & Estate unto William Hobby of Boston for One hundred & Nineteen pounds ten Shillings & five pence to bee paide in Merchantable Fish refuse Fish & Oyl at price currant at Capebonne Waggon at the Eastward being according to bill Dat. Aug^o 24:1674 @.

This done as Attests Js^a Addington Cler

Execucion issued Aug^o 26: 1674. [269]

Hebert & Savages Testim^o

David Hebert aged. 36. yeares or thereabouts & Thomas Savage aged. 34. yeares or thereabouts Sworn Saith that being desired by m^r Benjⁿ Gibbs to goe along with him to m^r Hodges; which wee accordingly did & did there heare the s^d Gibbs demand of s^d Hodges paiment of that which hee promised in Court to pay to s^d Gibbs; which was recovered against Ashton but s^d Hodges replied, that hee would not pay any thing unless s^d Gibbs would give him under his hand that hee should receive it again of m^r Saffin, and farther say that s^d Gibbs did tender s^d Hodges to pay him or discount with him whatsoever s^d Hodges could justly demand of him for Court charges or words to that purpose & farther say not this aboue was demanded this 12^th day of Septemb^r 1674.

This was Owned by m^r Umphry Hodges to bee the truth before us the 12:7^br 1674.

John Leverett Gov^r

Edward Tyng Assist.

Entred 12: 7^br 1674.

per Js^a Addington Cler.

Townsends discharge to m^r Allen

Whereas o^r Late Uncle Elder James Penn deceased did by his Last will & Testam^t give & bequeath unto us Peter Townsend & James Townsend his Kinsmen, to each of us a legacy of Fifty pounds apeice in mony, to bee paide to us after the decease of o^r Aunt Penn widow & Executrix of the last will and Testament of o^r saide Uncle: Now Know all men by these presents that wee the saide Peter & James Townsend in consideration of the Summe of Forty pounds apeice in mony to us now in hand paide by m^r James Allen Agent for our saide Aunt Penn, the receipt whereof wee doe hereby acknowledge doe for us o^r heires Executo^rs & administrato^rs forever remise release & quitclaime unto o^r s^d Aunt m^rs Katharin Penn her heires & Execute^rs of & from the saide Legacy & Legacies & all other claimes & demands that wee or either of us might or should haue to the Estate of o^r saide Uncle Penn or any part thereof by virtue of his Last will & Testament. Jn Witness whereof wee the saide Peter & James Townsend haue hereunto put o^r hands this 30. of Septemb^r 1674.

Peter Townsend

James Townsend

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

John Wiswall sen^r

Penn Townsend

Js^a Addington

30 7: 74

This Jnstrument abouewritten was acknowledged by Peter Town-send & James Townsend as theire act & Deed Sep^t 30: 1674. Before mee

Edward Tyng Assist.

Entred per Js^a Addington Cler [270]

16^th 8^br 1674

Bowen to Brading

Thomas Bowen of Marblehead personally appeared and acknowledged a Judgment against himselfe & Estate unto James Brading of Boston for twelue pounds to bee paide in merchantable Fish or else in mony.

as Attests Js^a Addington Cler

Execucion issued Novemb^r 23 1674.