At a County Court held at Boston by adjournment of the Generall Court Novembr 23o 1675 @

    Present

    • John Leverett Esqr Govr
    • Edw: Tyng
    • Simon Bradstreet Esqr
    • Wm Stoughton Esqr
    • Tho: Clarke Esqr

    Grandjury the same with the former Court

    Jury of Tryalls Sworn

    • mr John Walley
    • Peter Gardner
    • Tho: Lincoln
    • Abram Gourding
    • Robt Redman
    • Robt Fuller
    • Sampson Sheafe
    • Jno Savels
    • Jno Wales
    • Tho Cheney Senr
    • Jno King
    • Samo Topliffe

    [Purchase v. Lawrence]

    Thomas Purchase plaint. agt Nicholas Lawrence Defendt according to attachmt Dat. Septr 28o 1675. The plaint. withdrew his action.

    [Winslow v. Winslow]

    John Winslow Execr (with the consent of the OverSeers) of the last will & Testamt of John Winslow decd plaint. agt Samuel Winslow Defendt according to Attachmt dat. augo 30th 1675.

    The plaint. was NonSuted upon non appearance.

    [Lendall v. Casteen]

    James Lendall plaint. agt Samuel Casteen Defendt in an action of debt of four pounds four Shillings in currant mony of New-England due by bill & all due damages according to Attachmt dat. Septr 13o 1675 . . . the Jury . . . founde for the plaint. three pounds four Shillings in mony & costs of Court being Seventeen Shillings.

    Execucion issued 25o 9br 1675

    Phillips &a agt Hobart

    John Phillips & Tho: Russell plaints agt Josia Hobart late Mar of the Ship Katharin Defendt according to attachment dat. October 13o 1675. The plaints were nonsuted upon non appearance.

    Hobart agt Mosely

    Josiah Hobart formerly Mar of the Ship Golden Falcon plaint. agt Richd Mosely then Owner of one quarter part of sd Ship D: in an action of reveiw of an action tryed at a County Court held at Boston the. 27th Octobr 1674. between the sd Mosely & sd Hobart, whereby sd Mosely obtained a judgemt agt the saide Hobart to his damage, wth all other due damages according to attachmt dat. Octobr 14o 1675. . . . The Jury . . . founde for the Defendt costs of Court being ten Shillings.

    Hobart agt Mosely

    Josiah Hobart formerly Mar of the Ship Golden Falcon plaint. agt Richard Mosely formerly Owner of a quarter part of the sd Ship Defendt in an action of debt to the value of ten pounds thirteen Shillings & four pence in mony due to the saide Hobart for a quarter part of the wages of himselfe & his Servant in the sd Ship from the begining of May. 1673. till the last of October which is Six months & was till the time [345] of the sd Ship began her voyage from Barbados & bound for London which sd Summe the sd Mosely oweth to the sd Hobart as hee was then owner of one quarter part of the sd Ship & sd Hobart Mar of her with all other damages according to attachmt dat. Octobr 14o 1675. . . . The Jury . . . founde for the Defendt costs of Court: The plaint. appealed from this judgement unto the next Court of Assistants, and himselfe principall in £.5. & Jno Woodmansey & Ephraim Turner Sureties in Fifty Shillings apeice acknowledged themselues respectiuely bound to . . . prosecute his appeale . . .

    Beacon &a agt. Bendall

    Edward Beacon & Robert Scrape plaints agt Free Grace Bendall Defendt in an action of the case for the Forfiture of a bond of One hundred & Five pounds of lawfull mony of England in his not paying the Summe of Fifty two pounds eleven Shillings of like mony according to the time expressed in the condition thereof with all due damages according to attachmt dat. Octobr 8th 1675. . . . The Jury . . . founde for the plaint. One hundred & Five pounds Forfiture of the bill & costs of Court: The Defendt moving for a chancery & affirming & proving by letters that there is twenty pounds paide in part of this bill: The Court chancered the bill to Fifty three pounds New England mony & costs of Court wch is twenty five Shillings three pence

    Execucion issued xbr 3o 1675.

    Vsher agt Fogg

    Hezekiah Vsher junior Attourny of Charles Gosfright plaint. agt Ezekiel Fogg Defendt according to attachmt Dat. pro 7br 75.

    The plaint. was nonsuted upon non appearance.

    Davenport agt Williams

    Eleazer Davenport late Commandr of the Ship Recovery plt agt John Williams Boatman Defendt in an action of the case for witholding the Summe of Forty three Shillings nine pence mony due for Freight of goods on sd Ship from Barbados delivered to the sd Williams here in Boston wth due damages according to attachmt Dat. 7br 3o 1675. . . . The Jury . . . founde for the Defendt costs of Court.

    Alford agt Evans

    Benjamin Alford Attourny of Nathanll Gawthorn of London plt agt Wm Evans Defendt according to attachmt dat. Octobr 19o 1675. The plaint. was nonSuted upon non appearance [346]

    Clarke agt Clement

    Martha Clarke Execx of the last will & testamt of John Clarke decd plt agt Samll Clements Defendt in an action of trespass for building upon her land before her dwelling house in Boston claiming interest in saide Land, thereby defaming her honest title with all due damages according to attachmt Dat. Octo 21o 1675. . . . The Jury . . . founde for the Defendt costs of Court being Seven Shillings & four pence.

    Winslow agt Wilkins

    John Winslow Agent to mr David Riddock mr Jno Winslow decd & mr Richd Middlecott plaint. agt James Wilkins Defendt in an action of the case for that the sd Wilkins hath not delivered twenty hogsheads of sweet scented Tobacco loaden by him the sd Agent aboard the Brigantine called the Claiborn Adventure & consigned to the sd severall persons in Boston or to theire Agents in Barbados as by severall bills of Lading or receipts signed by sd Wilkins dated in Yorke River the 19o of Novembr 1673. may fully appeare with all due damages according to attachmt dat. Septembr 17o 1675. . . . The Jury . . . found for the Defendt costs of Court.

    Williams agt Claiborns

    John Williams Attourny to James Wilkins or his Substitute plaint. agt the goods or Estate of Wm Claiborn & Thomas Claiborn or either of theire Estates Defendt according to Attachment Dat. August 17o 1675. The plaint. was nonSuted upon non appearance.

    WHALEY agt COLEMAN

    John Whaley plaint. agt Wm Coleman Defendt according to attachmt dat. 7br 24o 1675. The plaint. withdrew his action.

    Chandler agt Moulder

    Thomas Chandler plaint. agt Nicho Moulder & Miles Foster Defendts in an action of the case for the Forfiture of a bond of One hundred & Forty pounds of lawfull mony of New-England in theire not paying the summe of Seventy pounds of like mony according to the time expressed in the condition thereof with all due damages according to Attachmt dat. Octo 1675. . . . The Jury . . . founde for the plaint. One hundred & Forty pounds mony Forfiture of the bond & costs of Court being twenty Five Shillings.

    Execucion issued 9br 29o 1675   [347]

    Man agt Caswell

    John Man plaint. agt Wm Caswell Defendt according to Attachment Dat. Octo 19o 1675. The plaint. was nonSuted upon non appearance.

    Fogg agt Hathorn

    Ezekiel Fogg plaint. agt John Hathorn Defendt in an action of debt for witholding the Summe of two pound eight Shillings in mony due by a writing under his hand of date the. 9th day of July. 1674. with all due damages according to attachmt dat. 7br 3d 1675. . . .The Jury . . . founde for the plaint. two pound eight Shillings according to bill & costs of Court being Sixteen Shillings six pence.

    Execucion issued xbr 06. 1675

    Batt agt Barnes

    Paul Batt plaint. agt James Barnes Defendt in an action of the case upon reveiw of an action prosecuted agt the sd Batt this last County Court held at Boston the 27. day of the fift month Last, whereby the sd James Barnes obtained a judgemt agt the sd Batt, & thereby the sd Batt so Sued is greatly damnified in the Summe of two hundred pounds mony with other due damages according to attachmt dat. 11th of august 1675. . . . The Jury . . . founde for the plaint. two hundred pounds in mony & costs of Court being two pounds Seventeen Shillings six pence.

    Execucion issued xbr 20. 1675.

    Lidgett agt Barnes

    Charles Lidgett agent of Major Richd Waldron plaint. agt Jonathan Barnes Defendt in an action of debt for non paiment of twenty three barrells of tarr due by bill bearing date. Octobr 10th 1673. with all due damages according to attachmt dat. Octobr 2d 1675. . . . The Jury . . . founde for the plaint. that the sd Barnes deliver unto the plaint. 23. barrells of tarr Or pay ten pounds in mony & costs of Court being twenty Shillings & four pence.

    Execucion issued xbr 16o 1675. twenty three.

    Lynde agt Brett

    Simon Lynde Merchant plaint. agt Morris Brett Defendt in an action of debt of Fourteen pounds mony due upon bill obligatory for non paiment of a debt of eight pounds in mony as appeares per saide bill & all due damages according to attachmt dat. Septembr 6th 1675. . . . The Jury . . . founde for the plaint. Fourteen pounds mony forfiture of the bill & costs of Court being twenty-one Shillings 8d

    Execucion issued xbr 10th 1675.   [348]

    Giffard agt Dispaws

    John Giffard plaint. agt Henry Dispaw Senior & Henry Dispaw junior Defendts in an action of reveiw of a judgemt granted agt him the sd Giffard John Wright Esqr & Ezekiel Fogg them or either of them at the Last County Court held in Boston in January last, this with due damages according to attachmt dat. Augt 16th 1675. . . . The Jury . . . founde for the plaint. Five hundred pounds mony & costs of Court being thirty five Shillings & four pence. Execucion issued April: 24o 1676.

    [The execution is filed in S. F. 1576.]

    Hukely agt Batt

    Timothy Batt plaint. agt Wm Hukley Defendt in an action of the case for witholding a debt of Fifteen pounds in mony due by bill with all other due damages according to attachmt dat. Septembr 23o 1675. . . . The Jury . . . founde for the plaint. Fifteen pounds according to bill & costs of Court.

    Batt agt Hukely

    Timothy Batt plaint. agt Wm Hukely Defendt in an action of the case for witholding a debt of Fourteen pounds Seventeen Shillings eleven pence in mony due by bill with all due damages accord, to attachmt dat. 7br 23o 1675. . . . The Jury . . . founde for the plaint. Fourteen pounds Seventeen Shillings & eleven pence accord, to bill & costs of Court.

    Edsall agt Johnson

    Tho: Edsall plaint. agt John Johnson Defendt in an action of the case for that hee hath taken a false Oath agt him the sd Edsell, by which occasion hee hath been formerly imprisoned & now also is committed to prison in reference to the former ocasion by which the sd Edsell is damnified to the value of one hundred pounds in mony & all other due damages accord, to attachmt dat. 8br 5o 1675. . . . The Jury . . . founde for the Defendt costs of Court nine Shillings & eight pence.

    Execucion issued 9br 29o 1675.

    Hudson agt Houchin

    Wm Hudson plaint. agt Hesther Houchin Defendt according to attachmt dat. Octobr 21o 1675. The plaint. withdrew his accion.

    Sanders agt Harris

    Martin Sanders plaint. agt Richd Harris Defendt in an action of the case for cutting & carrying away the grass of the sd Sanders under the pretence of title whereby the sd Sanders is damnified at least two pound ten Shillings with other due damages according to attachmt dat. 4 (7) 75 [349]. . . . The Jury . . . found for the plaint. Five Shillings damage & costs of Court being twenty five Shillings & two pence.

    Douglas agt Greenleafe

    Tho: Douglas plaint. agt Enoch Greenleafe Defendt according to attachmt dat. Octobr 20. 1675. The plaint. was nonSuted upon non appearance

    Newcomb agt Phillips

    Andrew Newcomb plaint. agt Nicholas Phillips Defendt in an action of debt of ten pounds five Shillings in currant mony of New-England due by bill & all due damages according to attachmt dat. Octobr 11o 1675. . . . The Jury . . . founde for the plaint. ten pounds five Shillings mony & costs of Court.

    Breck agt Emmons

    John Breck plaint. agt Obadiah Emmons Defendt according to attachmt dat. Octobr 18th 1675. The plaint. was nonSuted upon non appearance.

    Hobart agt Bailly

    Josiah Hobart plaint. agt the goods or Estate of mr Jno Bailley of Rochell Merchant Defendt The plaint. was nonsuted upon non appearance.

    Wharton agt Belchr

    Richd Wharton Attourny to Samll Bellingham the onely Sonn & heire of Richd Bellingham Esqr decd plaint. agt Jeremiah Belcher Defendt according to attachmt dat. Octobr 18o 1675. The plaint. was non Suted upon non appearance

    Clarke agt Atherton

    John Clarke plaint. agt Jonathan Atherton Defendt The plaint. was non Suted upon non appearance.

    Yeales agt Burnel

    Timothy Yeales plaint. agt Samll Burnell Defendt in an action of the case for witholding the Summe of Forty seven pounds ten Shillings in mony due by covenant as will more fully appeare by the sd Covenant & other due damages according to attachmt dat. Octobr 21o 1675. . . . The Jury . . . founde for the plaint. Forty seven pounds ten Shillings in mony & costs of Court thirty one Shillings six pence.

    Orchard agt Curtis

    Robert Orchard plaint. agt Ephraim Curtis Defendt in an action of debt of ten pounds due by bill & all due damages according to attachmt dat. Octobr 13o 1675. . . . [350] The Jury . . . founde for the plaint. ten pounds according to bill & costs of Court twenty Six Shillings six pence.

    Execucion issued xbr 30. 1675.

    Chritchly’s Estate Setled

    For a Setlemt of the Estate of Richd Critchley decd The Court Orders that the whole Estate of movables & debts (excepting a debt of Seven pounds in mony due from Jabish Salter included in the thirteen pounds in the Jnventory) bee setled & confirmed upon Elizabeth his Relict & her heires forever and the Estate in houseing & Land bee Setled & confirmed upon the two onely Children of the sd Critchley & theire heires for ever to bee equally devided betwixt them, they paying out of the same ten pounds in mony yearely unto the sd Elizabeth theire mother in law during her naturall life, and the sd Jabish Salter who married one of the daughters of the sd Chritchley to haue his own debt of Seven pounds to his own use over & aboue his division of the houseing & Land.

    [See case of Simpson v. Salter, below, p. 791.]

    Grandjury discharged

    The Grandjury brought in theire bill of presentments Novr 24o 1675. & were discharged.

    Dedham Commissioners

    Capt Danll Fisher mr Wm Avery & Serjt Richd Ellice were nominated by theire Town & appointed by the Court to bee Commissionrs for Dedham to end small causes for the yeare insuing

    Harris’s Estate & Childe disposed of

    The Court Orders that according to the desire of Joanna Harris upon her death bed (who left one Childe & no Father appearing to take care thereof) that the Childe & Estate Left by the sd Harris bee committed unto Wm Griffith & Anne his wife, and that they pay out of the same what mony the sd Harris borrowed in her life time for her releife, untill this Court take farther order.

    Courts’ Order to Hobart

    The Court Orders that Josiah Hobart render unto Richd Mosely a just & true Accot according to the judgemt of the County Court at Boston in Octobr 74. by wedensday next. pro xbr to bee judged of by the Magistrates in Boston if the Court bee broken up (hee having now reveiwed the action & being cast therein) in defect whereof the Clerke of sd Court is ordered to grant Execution agt the sd Hobart & his Estate for the penalty expressed in the aforesd judgemt

    Hilliard Sentencd Fined £.2.

    Mary Hilliard being charged for & convicted of stealing sundry goods as from mrs Tappin to value of thirty eight Shillings, from mrs Edsell twenty four Shillings one penny, from mrs Heath nine Shillings, from Wm Jeames Sixteen Shillings from mr Jno Higginson nine Shillings from mr Higginson Senior & his daughter three pound Six Shillings six pence, from mr Boadish ten Shillings. The Court having considered of her offence do Sentence her to bee whip’t wth 15 Stripes or to pay Forty Shillings in mony as a fine to the County & to pay unto mrs Tappin. £.5.12.0 unto mrs Edsall. £.3.12.3. [351] unto mrs Heath. £.0.9.0. because Shee recd her goods again wthout order unto Wm James £.2.8.0 unto mr John Higginson £.1.7.0. unto mr Higginson Senr & his daughter £.9.19.6. unto mr Boadish £.1.10.0 all to bee paide in mony, being that .3ble damages the Law requires, they discounting out of the sd payments the value of what of theire goods haue been returned unto them again & to pay Fees of Court standing committed untill this Sentence bee performed.

    Davis Find £.5.

    Hanna Davis convict in Court by her own confession of committing Fornication & having had a bastard Childe The Court Sentencd her to bee whip’t with twenty Stripes or to pay Five pounds in mony as a fine to the County & Fees of Court standing committed untill the Sentence bee performed.

    Tayler Find £.2.

    Wm Tayler being prosecuted by Francis Dodson for Stealing twenty Shillings in mony from him, of which the sd Dodson made Oath in Court & sd Tayler not denying it: The Court Sentencd him to bee whip’t with .15. Stripes or to pay Forty Shillings in mony as a fine to the County & to pay unto Francis Dodson three pounds in mony being 3ble damages according to Law, wth Fees of Court & prison standing committd untill the Sentence bee performed.

    Smith & Cookes bond of £.20. forfitd

    Richd Smith & Francis Cooke theire bond of ten pounds apeice in mony as Sureties for Charles Blinco was declared by the Court to bee Forflted upon the non appearance of the sd Charles, & order them forthwth to pay it in to the Tr of the County, who is to allow out of it two Shillings six pence per weeke to the maintenance of the Childe born of the body of Margaret Cox from its birth till further order.

    Cox Sentencd

    Margaret Cox bound over to this Court to answer for her committing Fornication & having a bastard Childe, Shee chargeing Charles Blinco to bee the Father thereof both in her travail & at other times: The Court Sentencd her to bee whip’t severely with twenty Stripes & to pay Fees of Court standing committed &a

    mr Joyliffe of the Committee to Sr Temples Estate

    mr John Joyliffe is added in the roome of Capt Edward Hutchinson as one of the Committee referring to Sr Tho: Temple his Estate.

    Salbury’s Estate Setled

    For a division & Setlemt of the Estate of the late Wm Salsbury of Milton decd The Court confirmes the whole Estate upon Susanna his widdow for the maintenance of herselfe & Children during her naturall life, Shee paying Forty Shillings to the eldest Sonn of sd Salsbury when hee comes of age & twenty Shillings apeice to the rest of his Children as they come of age (excepting [352] that already married) and after her decease the Land to bee to the eldest Sonn hee having a double portion out of it; and paying to the rest of the Children then living (excepting to that daughter now married) a Single portion out of it as the land shall then bee valued to bee worth.

    Browne Find £.5

    Mary Browne bound over to this Court to answer for selling strong drinke without licence, Shee appeared & ownd the charge, The Court Sentencd her to pay Five pound in mony as a fine to the County according to law & Fees of Court: Upon her humble petition & consideration of her necessitous condition The Court respitd the Execucion of this Sentence till further order.

    Fuller Sentencd

    Charles Fuller being called before this Court to answer for his Shooting at & wounding of Thomas Barnes Servt to Jno Davenport in the house of Nathanael Bishop sd Fullers Mar whereby the sd Tho: wholly lost one of his testicles & was otherwaies greatly damnified by the sd Shott. the sd Fuller owned that hee did accidentally wound the sd Tho: by a discharging a gunn upon him: The Court Sentencd sd Fuller to pay three pounds in mony to the Chyrurgions for the cure of the sd Tho: Forty Shillings in mony to Jno Davenport for loss of time in his Servt & other charges & unto Tho: Barnes who was wounded by him as some Satisfaction unto him ten pounds in mony & Fees of Court & prison & Order that hee bee sold to make paymt as aboue in case his Mar refuse to pay it.

    King Sentencd

    Nathanael King being charged by the wife of Wm Snell for breaking into her house & Stealing thence Five pounds Five Shillings in mony, Fifty eight Shillings in mony being found with him of which hee could giue no Accot how in any honest way hee might come by it; The Court having heard what was alleaged & proved against him Sentencd him to pay unto Wm Snell Fifteen pound Fifteen Shillings in mony being that .3ble damages wch the Law requires, deducting thereout what part of the sd mony hath been restored & to pay Fees of Court & prison standing committd &a

    Platts admonish’t

    Tho: Platts Butcher being presentd for keeping open his Shop & selling meate after it’s darke upon Saturdays in the Evening thereby profaning the Sabbath, it being the first conviction The Court admonish’t him, ordered him to pay Fees of Court & so discharged him.

    Stanberry admonish’t

    Tho: Stanberry Butcher presentd for the same thing wth Platts & being the first conviction The Court admonish’t him, ordered him to pay Fees of Court & so dischargd him   [353]

    Hurley admonish’t

    Matthew Hurley Servt to Samll Peirce being bound over to this Court to answer for his abuseing & strikeing of Hugh Drury the sd Drury not appearing to prosecute him according to his bond, and his Master testifying that hee had severely punish’t him for it & that Hugh Drury had recd Satisfaction The Court admonish’t sd Hurley, ordered him to pay Fees of Court & discharged him.

    Hill Sentencd

    Dennis Hill convict by his own confession of committing Fornication with Sara Paine, who hath now an illegitimate Childe by the sd Paine: The Court Sentencd him to bee whip’t with twenty Stripes & to pay two Shillings six pence per weeke in mony to the sd Sara or her order towards the maintenance of the sd Childe till this Court take further order & to pay Fees of Court & prison standing committed &a

    Order to prevent profanation of the Sabbath

    This Court being informed that notwithstanding the care & provision made for the Sanctification of the Sabbath by the wholesome Laws provided therefore, many persons do wickedly & profanely intrench thereupon by not giving over theire worldly buisness in due Season upon Saturdays in the evening, but do very frequently drive theire carts and travell between Boston & Roxberry following the workes of theire calling & other buisness on those Evenings not onely till it bee darke; but also severall houres within night: For prevention of which Sinn & profaness on the night before or on the day or Evening after: The Court do judge meete to order & appoint & do hereby order Edwd Miles who hues neere the gates on Boston neck, to provide Locks & lock up the sd gates upon every Saturday in the Evening when it begins to grow darke, thereby to hinder the passage of carts & horses; and that the Select men of Boston do see to the Execution of this order by sending out meete persons every Saturday towards the Evening to bee upon the neck by the gates till the Sabbath bee over, thereby to prevent such disordr & profaness & to take notice of such persons as are unnecessarily abroad either travelling about theire worldly occasions or prophaning the Sabbath otherwayes.

    The Court adjourned untill thursday the 9o of Decembr at two a clock.

    Decembr 9o 1675 @

    The Court met according to adjournmt

    Order abt Price his Creditors

    The Court Orders that the Creditors to the Estate of mr Richd Price decd doe giue in theire claimes by the next County Court in January, or else the Estate to bee then devided amongst such Creditors as do now appeare.

    Order abt Capt Johnson

    Capt James Johnson being complained of for disorderly [354] carriages in his Family, giving entertainmt to persons at unseasonable houres of the night & other misdemeanors The Court Orders the sd Capt Johnson to breake up housekeeping & to dispose of himselfe into some good orderly Family within one Fortnight next following or that then the Selectmen of Boston take care to dispose of him as abouesd

    Order abt Cox her Childe

    The Court Orders the Treasuror of the County to take care to dispose of the Childe late born of the body of Margaret Cox & to make agreemt with whome hee shall see meete thereabout not giving with it aboue twenty pounds.

    This Court dissolved Decembr 9o 1675.