At a County Court held at Boston January 25o 1675 @


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

    Grandjury Sworn

    • mr Jno Pearpoint
    • Wm Gary
    • Richd Ellice
    • Gamaliel Waite
    • Edw: Pason
    • Henry Wight
    • Simon Rogers
    • Richd Baker
    • Jno Kingman
    • Robert Walker
    • Antho Gulliver
    • James Bate[s]
    • Richd Bennet
    • Wm Veasy
    • James Whiting

    Jury of Tryalls Sworn

    • mr Tho: Batellee
    • Tho: Downe
    • Samll Pitcher
    • Jer: Cushin
    • Phillip Torrey
    • Martin Sanders
    • Penn Townsend
    • Wm Tay
    • Edwd Richards
    • Matthew Atkins
    • Tho: Davenport
    • Nathanll Beales

    [Byfeild v. Cox]

    Nathanael Byfeild plaint. agt Margaret Cox widdow Defendt according to attachmt dat. Novembr 30th 1675 The plaint. was non Suted upon non appearance.

    [Gydeon and Baruh v. Moulder]

    Rowland Gydeon & Daniel Baruh plaints agt Nicholas Moulder Defendt The plaints were nonsuted upon non appearance.

    [Vsher v. Fogg]

    Hezekiah Vsher junior Attourny to Charles Gosfright plt agt Ezekiel Fogg Defendt in an action of debt of One hundred Sixty Five pounds three Shillings six pence halfe penny in currant mony of New-England due by bill & all due damages according to attachmt dat. Novembr 29o 1675. . . . The Jury . . . founde for the plaint. One hundred thirty eight pounds Five Shillings six pence halfe penny in mony & costs of Court twenty nine Shillings Six pence.

    [Toton v. Gibbs]

    Jno Toton Chyrurgion plaint. agt Benjn Gibbs Defendt in an action of the case for not paying him the Summe of Six pounds ten Shillings in mony for the cure of three of his Negro men Vizt Hector Ferdinando & Domingo & his Servant girle, the time they were under his cure being neere eighteen weekes besides his expence of Medicine as may appeare by his account of theire cures & the time thereof presented to the sd mr Gibbs & referred by joint consent of sd Gibbs & Toton unto the Judgemt of mr John Clarke & Isaac Addington who awarded sd Gibbs to pay unto sd Toton Six pounds ten Shillings in mony wth all due damages according to attachmt dat. January pro 1675. [355]. . . . The Jury . . . founde for the plaint. Six pounds ten Shillings mony & costs of Court Seventeen Shillings & four pence. Execucion issued Janry. 28o 1675


    Richard Hollingshead plaint. agt Nicholas Moulder Defendt in an action of debt of Fifteen pounds Fifteen Shillings & six pence in mony due by bill & due damages according to attachmt dat. xbr 13o 1675. . . . The Jury . . . founde for the plaint. Fifteen pounds Fifteen Shillings six pence in currant mony according to bill & costs of Court Fourteen Shillings six pence.

    Whetcomb agt Moulder

    James Whetcomb Attourny of Tho: Morrice plaint. agt Nicholas Moulder Defendt in an action of the case for the Forfiture of a bond of three hundred pounds mony due for breach of Charterparty in not paying the hire for one halfe of the pinke Freinds Advice Nicholas Skimmer Master according to the sd Charterparty bearing date 30th Novembr 1674. wth all due damages according to Attachment dat. xbr 10th 1675. . . . The Jury . . . founde for the plaint. Forfiture of the Charterparty three hundred pounds mony & costs of Court twenty three Shillings & eight pence.

    Execucion issued Janry. 29o 1675.

    Peck agt Thwing

    Tho: Peck plaint. on appeale from the Judgemt of the Worppll Simon Bradstreet Esqr agt Benjn Thwing Defendt

    The plaint. was nonSuted upon non appearance

    Baxter agt Checkley

    John Baxter plaint. agt Anthony Checkly Defendt according to attachmt dat. 19:11.1675. The plaint. was nonSuted upon non appearance.

    Checkley agt Baxter

    Anthony Checkley plaint. agt John Baxter Defendt The plaint. withdrew his action.

    Checkley agt Baxter

    Anthony Checkley plaint. agt John Baxter Defendt The plaint. withdrew his action.

    Bartholmew agt Gresham

    Abraham Bartholmew plaint. agt Tho: Gresham Defendt The plaint. withdrew his action.   [356]

    Seall agt Bridge

    Ephraim Seall Cooper plaint. agt Francis Bridge Defendt in an action of debt of five pounds eighteen Shillings & six pence in currant mony due for worke done as appeares by booke & all due damages according to attachmt dat. Janry 5o 1675. The Defendt was called but did not appeare, John Keene his Surety was called to bring him but neither appearing theire bonds were declared forfited & judgemt stands entred agt both according to law. . . . The Jury . . . founde for the plaint. Five pounds eighteen Shillings six pence currant mony & costs of Court eighteen Shillings.

    Execucion issued January. 29o 1675

    Parton agt Yale

    Richard Parton plaint. agt Theophilus Yale Defendt The plaint. was nonSuted upon non appearance.

    Woodman agt Poole

    Jonathan Woodman plaint. agt John Poole Defendt in an action of the case by forfiting a bond of arbitration in the penalty of One hundred pounds in mony bearing date the .24th day of Novembr 1675. under sd Pooles hand&Seale with all other due damages according to attachmt dat. xbr 13o 1675. . . . The Jury . . . founde for the Defendt costs of Court. 6s 6d

    Pallot agt Tapril

    Francis Pallot plaint. agt Robert Tapriel Defendt in an action of the case for witholding a debt of four pounds three Shillings in mony due for five months Service performed in the Hopewell Pinke, part of it lent him in mony & all due damages according to attachmt dat. Janry 12o 1675. . . . The Jury . . . founde for the plaint. three pounds Five Shillings in mony in recompence for his Service & costs of Court Eighteen Shillings.

    Execucion issued January. 27o 1675

    Woody agt Harrison

    Richard Woody plaint. agt John Harrison Defendt in an action of reveiw of an action commenced agt the sd Woody at a County Court held in Boston January .1674. by the sd Harrison who complained that the sd Woody did injuriously cut down his Fence upon the land of the sd Harrison claiming an interest in the sd Land calling it common Land, pretending Town order to make it common to the damage of the sd Harrison at Least £.200. in which case the sd Woody was cast to his damage about £.200. in regard the sd Woody is deprived of a sufficient highway to his pasture upon the Fort-hill whereby the rent & improuement of the sd Land hath been lost about two yeares with other due damages according to attachmt dat. January. 19o 1675. [357]. . . . The Jury . . . founde for the Defendt costs of Court being ten Shillings & six pence. The plt appealed from this Judgemt unto the next Court of Assistants & himselfe principall in £.10. Capt Wm Hudson & mr John Lake Sureties in £5. apeice acknowledged themselues respectiuely bound to . . . prosecute his appeale . . .

    [A review of Harrison v. Woody at the previous January session; see above, p. 528. In S. F. 1432.7 is a deed from Richard and Grace Gridley to John Harrison, dated 5 November 1666, of a tract of land “for a Ropefeild” near Fort Hill, Boston, and in S. F. 1432.8–14 are depositions affirming the passage across which Harrison had erected a fence to be a public way. Most of the deponents are old men, and one of them testifies (S. F. 1432.14) to the road’s being “reputed a Town highway.” This illustrates the custom of calling old men to testify as to neighborhood reputation concerning ancient boundaries.

    Woody’s Reasons of Appeal (S. F. 1432.4) and Harrison’s Answer follow:

    Richard Woody His Resons of Appeale From the Judgt of ye County Courtt Held Att Boston Janry 25: 1675.

    Imprs: The First Reson of my Appeale Is because my Case was not Rightly vndrstood I humbly Conceaue Att the Last County Courtt; For my Complaintt against the Defendt Last Courtt was For the great Injory and Damage In ye County Courtt Before as I Doe Apprehend When the Defendt Sued me for Cutting Down the fence he had Sett vp vpon the town High Way, By vertue of Which he stoppeth me outt of the Injoymt of the High Way that Leadeth to my Land vpon Forthill Which my prdcessor and I haue Injoyed aboutt forty yeares and neuer was stopped o[ut] of nor Molested In ye Injoyment off, till the yeare 1674: which was After my [prede]cessor (mr Belcher) was Dead: Which High Way being stopped Caused me to loose [torn] Rentt and Am Dayly Damnifyed Which I sufficiently proued at ye Last Courtt, [torn] that the Jury Notwithstanding soe many plaine Euidences Cast me Contr[ary] to Law Title Possession Which make Me Come to this Honord Courtt For Releife.

    2: The Town From Time to Time Made Orders For the Conueniencies of m[en] to Come to there Lands & thatt High Wayes should be laid outt For Euery man in ye towne to Come to his Lott as Appeares by A Town Order made in ye yeare 1635: and to this lott of mine the Land in Controursy was laid outt as a High Way aboue forty yeares agoe & quiatly Injoyed till ye yeare 1674.

    3. This High Way was there Laid outt by the townes order As is Testifyed by Cap[t] James Johnson & Richd Wayte who mentions the prsons thatt Were appointed for thatt end, & Richd Wayte also Testifyes that he Drew the Chaine before mr John Oliuer to Lay outt this as a High Way where ye Defendt makes Roapes: and that this Land in Controursy is A High Way & that it was soe Laid outt by ye towne Order aboue Forty yeares since, and Neuer Disanulled by any Town Act is Testifyed by Elder Ransford, John [o]dlin, Thomas Matson senr, Francis Hudson, Edmond Jackson, Hugh Drury & seuerall Others.

    4 Because The Court Did nott see good to Admitt ye Testimony of Gemaliell Wayte which I Judg Was very prtinent to my Case, Who Testifyes that the Way in Controursy he knew to bee a high way this forty two yeares, and in ye yeare 1639 Elder Leuerett & Elder Oliuer wentt wth him to ye Water side & did shew him this pease of Land to bee A High Way & it was laid outt by ye towne; & yt Good[man] Gridley 35 years agoe had shewed him ye Land yt was laid outt as A High Way (as the Elders had shewed him before) & told me it was laid outt as A High Way to goe vp to ye fortt hill: and also testifyes that fiue men might March A brest in ye High way Which Testimony I hope this Honord Court Will Accept of that soe the truth of the Whole matter may be vnderstood:

    5 As to the Defendts Pretence of A Rightt to the Land In Controursy he neur had any, neither Cold he Claime any prtended legall Right till ye yeare 1666. as per his Deed Appeares, nor an Interpritat nor Acknowledgment of his deed tell ye year[e] 1672: and to the Land In Controursy he neur had any, neither Cold Good: Gridley sell him any: For ye Land in Controursy was A High Way Laid outt by the townes Order Forty two yeares agoe; and that Many yeares before

    Good Gridly had a Right the[re] and If Good Gridley had pour to sell part of ye Land in Controursy to Collonell [S]earle & others Sure itt Cold not be ye Defendts butt Good Gridley had no Right to sell the Land In Controursy to ye Defendt nor any othrs Butt in all G: Gridleys Deed he Mentions A High Way to A [barr] Gate vp Fort Hill:

    6 As to His Euidences He Brought in Against me: which I Conceaue the Jury Cast me vpon the Last Courtt: they are very Imprtinentt Euidences to ye Case For one of them (vizt Decon Allin) is only a Hearesay: and the other you Will Finde makes an Interpritation of his Euidence in his Addition vizt Abell Porters Two Euidences Compared together; Butt were there Euidences possitiue which they haue giuen how Can any man sware that another mans Land he liues vpon is his own Except he Were at ye Bargain Making or was a Wittness to the Deeds or see ye Deeds. But ye Land Cold not bee the defendts by there Euidences as to his Injoying of itt 28 or 30: yeares as his owne are very vnsafe For he had no Deed till the yeare 166[6] and nott Confirmed till the yeare 1672. Butt the Land in Controursy was Laid outt as a High Way Aboue forty yeares Agoe, and If Good[man] Gridly had sold it to ye Defendt & made it neur soe sure by Deed, it Wold signify nothing, For it was none of his to sell, & If the Defendt hath any Damage Done him he may seek his Remedy of ye prsons Estat yt sold it to him; Butt this Action of the Defendts is only to Couett the Land laid outt by ye town as A High Way to Benifit himselfe and is A breach of that Command thou shalt not Couett: Butt this High way was Laid outt to the plantiffs Land there being noe other place for A High way to this Plts Land butt this wch the Towns Order saith there shall be a high Way too:

    7 This High Way which ye Defendt Claimes was Euer A High Way to ye Fort hill For Samll Sindall & Robt Sandford Carted that Way Without any Molestation by ye Defendt because ther is no other High Way Laid out By ye townes Ordr to the Fort Hill, also mr Robt Gibbs when he built his house Carted that Way and Challenged it for A town high Way: and For the Defendt to stopp vpp ye High way yt leads into ye plts pasture, which he & his prdecessor hath Injoyed For this Forty yeares, is Contrary to ye Law Title Possession, which land the Defendt neur made any Demand of or Claime to as his own till the yeare 1674. and that after he had gott his Deed With the Interpritation Entered & Recorded and then begins to Grumble & Disturb & molest me In ye Injoyt of ye High Way to my Pasture, neither was there any Fence sett vp by him Nor Good Gridley, (to Hinder ye Free passage into my Land) till the yeare 1674. Butt what fence or Barr that was sett were sett vp & Mainteined by my prdesessor & myselfe:

    8 As To His prtence of His Right in The Towne High way as his own & to take itt away by Forse. I hope ye Honrd Court Will Considr that he Neuer Claimed it till the yeare 1674, thatt he Stopped my Barrs vp: For they allwayes Were open for any man to pull vp & Down till that time & had A free passage Without Disturbance Neither Was his Claime Euer Entered In any Record, as yett to Thatt high Way or Land In Controursy

    Lastly The Land Within Fence Was First Capt Morris Land & then Elder Leueretts butt the Land In Controursy, butt the Land In Controursy Was neuer there land Butt Was Laid outt For a Town High Way For ye vse of the Towne to goe vp Fort Hill, and Laid outt by Elder Leuerett himselfe as A town High Way and he neur Did Dispose of it to Good [man] Gridley nor any other as it did [E]ur yett appeare Butt I haue Sufficiently proued that sd Gridly owned there Was a High way vp the Fort Hill where sd Harrisons Rope yard now is: and the High Way or Land laid outt for a High Way Was Laid Outt by the Townsmen and by the ordr of the Town, and that According to or Law Title High Wayes Sect the Second, and you Will not find there that the towne are Bound to Record the townes High Wayes: Soe there plea as to that Article is of Litle validity Butt Wee haue sufficiently proued First that the High Way was Laid Outt by the Towne & thatt this Land In Controursy is the High Way: 2dly thatt itt was laid outt aboue forty yeares agoe: 3dly. Thatt I and my prdecessor Haue Jnjoyed it Without any Molestation till ye yeare 1674 about Forty yeares, All Which J shall leaue To the Honord Courtt And Gentlemen of ye Jury Seriouly to Considr off nott Doubting Butt they Will see Just Cause to Reuerse the Formr Judgt and Grauntt Mee my Just Damages Susteined

    Richard Woodde

    These Reasons were received pro Martis. 1675.

    per Isa Addington Cler

    S. F. 1432.6

    John Harrison his Answer to Richard Woodys Reasons of Appeal from the Judgment of ye County Court held at Boston Jan: 25: 1675

    Allthough the Plantiffe make a Large declaration of his case by many assertions which if true, might seeme to have some reason in them, yet being examined will appeare but false pretences to darken the truth of ye case, but time will not permitt So to enlarge haveing more awefull things vpon my heart then willingly to contend for land when desolations are Soe many. But to his first ye Plantiffe saith the Jury cast him contrary to ye law of possession, the contrary is evident for ye Jury cast him according to ye law possession as hath & shall be made appear.

    To his Second what orders the Town made is not my worke to inquire after, but the Plant: no where alledgeth much lease proveth that any was laid out through the Defendts Land, to ye Plant: Land, or that the Land in controversie was laid out for a Highway for any such end

    To his Third if this way were so laid out as is affirmed, yet it reacheth not ye plant: case, but of the truth of that wee doubt, for Capt: Johnson wee concei[ve] not capable to take an Oath, Another Testyfies & Sweares, it was done by the Select men & committe of Militia, allthough there was no Committe of Militia in being or any such power in military officers tell some yeares after, Select men & military officers might doe something for the present occasion, but nothing appears Legally that they did act as Select men or Committe of Militia

    To his Fourth Gamaliel Waite speaking of other persons who in there lives were honourable & in there death blessed Had they themselves declared in open Court & not given Oath it would not a been Legall testimony, then why another hearing them Speake (it is like some thing of what was done) his oath should reach our case wee doe not vnderstand, but much of that ye Defend will not deny, for he was not here, but this reacheth not ye Plant: or his interest, sd Waite Speaks onely of a way to Fort hill & Souldiers march thither, now ye Towne hath laid out a way thither many years since, which is within a Stones cast of ye Defend land, & need not to come vpon ye land in controversie

    To his Fifth ye Plantiffe greatly mistake himselfe to affirme ye Defendt hath no Legal right (calling his right a pretended right) tell ye yeare 1666 intimateing our Law must be of no force but as it sutes the Plant: Interest whereas the law is exspress, Title possession page 123, & after vpon a question in ye yeare, 72, it is answered in the affirmative if a person possesse & have no deed it shall remaine ye possessors, now this Land by virtue of that law is ye Legall right of ye Defendt, in ye yeare, 62, allthough ye Plant: affirmeth not pretended tell, 66, What he meaneth by Gridlyes Selling to Col: Serle wee vnderstand not, no such act appearing.

    To his Sixth If positive testimony of possession presented, help vs not, Then the Law is vseless, & no man can know his owne, but for his asserting, one is a hearesay if soe it is good proofe as he inserts in his Fourth Reason & would demonstrate ye whole matter, but doubtlesse there Testimony remains Firme, many more might be produced both in Towne & Country of ye Defend: possession if Two were not sufficient Testimony, much is Spoken & reitterated of its Laying out 40 or above 40 years since, to which wee Say little, but if Law be Law this Land is ours now, for besides the invitation given me by the Townsmen of Boston the same which ye Plant: affirmes laid out this highway, did procure to ye Defendt the land now in controversie of Gridle, & in ye yeare 42 I honestly bought & paid for ye Said Land as by his Deed appears, acknowledged in 66 confirmed in 72 the Law title possession give it fully to the Defendt quietlie inioying the Said land before, 52, & the Plantiffe intimated no question about it tell, 74, but ye plant: seemes soe religious to charge ye Defendt with the breach of ye 10th commandment, but himselfe passe over ye 9th & boldly affirms there is no other place for a high way, to ye Plant: Land which he doth or may know is absolutely false for there is a highway to Fort hill & Towne land lyeing faire to ye Plant: Land, which the Defendt earnestly desires The Jury to walke to ye place to see for there owne satisfaction

    To ye Seventh, wee Answer who did Cart that way in former times the Defendt knowes not, but sure he is he hath inioyed it as ye Law directs if it be possible Soe to doe, for he hath built vpon part of it, & set downe stakes vpon it from end to end & worked dayly vpon it not onely in seed time & harvest but in all seasons of the yeare, soe as no cart can passe that way but his Stakes must be first pulled downe, which none did soe as to weaken the Defendt Title, if any at any time have transgressed, his title notwithstanding remaines, if any improve my oxe Cow or horse that doth not give title, if any goe into a mans Shop or ordinary without askeing leave I suppose ye Plant: knowes this gives no title, it Sutes well with the Defendt trade that men passe by that way, & his predecessor never desired more; yet he did oft travel ye way that is now laid out. For ye Fence setting vp wee Say that mr Belcher did make & maintaine it & ought soe to doe but now ye plant: supposeing to get the Defendt Land thereby have laid downe Said Fence, wherevpon to prevent Strife ye Defendt hath set it vp & maintains vpon his owne charge,

    To his Eighth It Seemes Strange any man should be Soe bold Soe oft to affirme it is the Townes Land & accuse ye Defendt to take it by force which he abhors ye Law being allwayes open, & he had no occasion to make any claime of that which he did quietly possesse, & ye Plant: ones there was allwayes Barrs, to ye Fort hill, & therefore not an open high way, as hee [would] to ye Said Hill & ye plan tiffs Land, & to yt ye Defendt entred no claime & how many doe or will enter a claime of that he quietly possesss & no man questions

    To his Ninth what Storyes he tells whose this land was is not my worke to demonstrate, wee may affirme the Land was Elder Leverets & Sould to Gridley but wee have proved to ye satisfaction of the Law & two Courts & Juryes that the land is now ye Defendts, some thing he tells as by heare Say that Elder Leveret himselfe laid out ye way which he himselfe sould to Gridley; But his assertion that the Towne is not bound to Record there highwayes, veryly no, wee owne it, nether when they have laid them out are they vnalterable, but they may lay downe one & take another more convenient, in ye Towns Land, To his conclusion that this Land was laid out a high way about 40 yeares agoe & that his predecessor had inioyed it without any molestation tell ye yeare 74 wee Answer as his predecessor did Soe may ye plantiffe travel at any time yt way without Lett or disturbance, Therefore wee hope this honoured Court & Jury will see both reason & Law to give there verdict & Judgment soe, as the Defendt shall not allwayes be constrained, to Travel through a fire of contention to inioy his iust Right.

    John Harrison

    The Court of Assistants (Records, i. 60) reversed the lower court, awarded Woody 2s damage and 5l 3d costs, “and the Highway . . . to be as formerly.”]

    Adams agt Turill

    Abraham Adams plaint. agt John Turill Defendt The plaint. withdrew his action.

    Warren agt Bennet

    Humphry Warren plaint. agt Elisha Bennet Defendt The plaint. withdrew his action.

    Warren agt Snow

    Humphry Warren plaint. agt Samll Snow Defendt in an action of debt of Six pounds Fifteen Shillings in mony due by bill & due damages according to attachmt dat. xbr 29. 1675. . . . The Jury . . . founde for the plaint. Six pounds eight Shillings six pence in mony & costs of Court Fifteen Shillings & two pence.

    Execucion issued Febro 22o 1675.

    Fogg agt Wms

    Ezekiel Fogg & Compa plaints agt John Williams Defdt in an action of the case upon accot to the value of twenty six pounds one Shilling & five pence or thereabouts being for goods sold & delivered himselfe & Capt Tho: Frizell in consortship as per saide Acco will more evidently appeare with all due damages according to attachmt dat. Janury 5th 1675. . . . The Jury . . . founde for the plaint. the ballance of the Accot nine pounds Seventeen Shillings & five pence in mony & costs of Court Fifteen Shillings ten pence

    Execucion issued Febry 2d 1675

    [A case respecting the Lynn Ironworks, Fogg being some sort of agent for the English Company of Undertakers. As a result of his losing an action with Hudson Leverett at the previous January session (above, p. 546), Fogg was consigned to jail, whence he issued the following petition to the Court of Assistants (S. F. 1472.3):

    To The Right: Honnorbl Governor And Worppll Maiestrates Setting on Bench: in the: Honnoble Court of Assistence

    The Humble Petion: of Ezekiell Fogg: A Disconnsolate Prisonor Hummbly sheweth

    That yor Peticionr being Committed vppon Execution, whare hath Layne Alredy Euer Sence the 5th of Febry Last & Like heere to Continnew till releefe from England: wch will bee a Long tyme before Can Exspect Instructions from our Compan. vppon whose accott I am this Sufferer I haueing Advannced vpwards of 2 or 300li: more then haue Effects of theires in my hands. & through Mr Giffards Fraudulent Dealeing in not paying what he ought but Consumeing our Compan: stocke in his private Concearnes or at Least Combineing with our Servants at whose Suite I am heere. wch Seemes to be Euedent by Reason as hee is at Liburttie. & yett the princeple. that ought to a benn taken with this Execution and not I: besides no Longer Sence then Last night hee Came to mee in an vpbrayding manor Flinging the Sentence of ye Court (for my Folly) in my teeth Contrarye to Law: after a Courts Sentence is Sattisfied butt with very reproachfull Languedg & Dreadfull Cursses did hee abuse mee: vppon my requesting of him to help mee to Fortye od shillings that I Lately Lent him in mony out of my Pockett wch would Now in my restraint a Done mee a kindnes: but instead thereof hee flew out in Such a radge Saying the Divell should: haue mee. & the Like, hasting out of my Chamber: with these Expressions that I should Lye heere & Rott Dubleing of it that I should Lye heere till Dice ware made of my boones before I should Com out. Implyeing thereby: my Abideing heere is of his Contryvience or Combinnation as before recited: by wch may See that the mercyes of men are Crueltie who at the worst Can but reach the body yet to be heere: Destitute of Publiqe ordennances: is preiuditiell: to the Soule: which I know yor Honnors in Contience are soe tender off that noe prisonor (Desiereing) might be Depriued of those Gospell privell[e]dges; which God hath Appoynted in his Publiqe Worshipp: Therefore yor Petitieor Doth humbly Pray yor Honnors will please Soe to Consider the premmieses as Vouchsafe mee yor honnors Ordor, for the Libertie of Goeing to meeteing on Sabath & Lector Dayse that I might Experience whilst men Curse God blesse & by Gods Blessing vndor Publique ordinances receue Soule Inlardgment: whilst vndor Bodyly Restraint: And alsoe Sume tymmes would Craue the Libertie to See my Sicke Brother who hath by ye visseting hand of God Keept his bed & Chamber in this towne about this 6 mounths that Soe wee might: be a Little Comfortt to each other for he is vncapiable of visseting mee. Thus haueing Discharged my Contienc in appeareing not neclegent in ye vse of meanes in what in me Lyeth: in this my adress to yor honors in whose brest & powre it is I haueing to ye Keeper alredy given no Les then 600li. Sofitient Securitie for my Faithfull Imprisonment And shall Comend the Effect: & my Cause to the wise Disposuer of all things not yor honnors redines of Adheereing to Such a Christian act & Reasonable Request the Answareing of wch will Deepely obleig yor Honnors humble And Confind Petitieor as in Dutye bound ever to pray:

    Boston Prison: Whilst I Am: Ezekiell Fogg

    the. 2d of: lst mo 74/5     1674

    5 march 1674

    In Ansr to this peticion the Court Declares that when the peticione hath honestly pajd his Debts he may be at his liberty altogether

    past E R S

    To which Gifford replied with a counter-petition (S. F. 1472.5):

    To the Honoble the Gover And Maiestrates Now Setting in the honored Court of Assistance In Boston:

    The remonstrans of John Giffard to the honorable Courte. Humblye sheweth:

    That wheras yor honors haue beene presented with a petion from mr Fogg wherein he makes many Scandilous Complai[nts] against me thereby to defame me both to this honord Court and Countrye. As not desirous to be ouer troublesome to your honors in your more waitee affaires yet giue me leaue a little to remonstrate the truth in answer to his Scandilous and hollowharted petition. As to his furst relation yt he giues of his Imprisonment. He may thanke himselfe haueing Convayde away Soe much of the Compa estate as he hath done, and Soe largely Spent vpon it. and hath Soe large and estate as he hath at New yorke betweene 5 and 6 hundred pounds, which can be prooved by oath from his owne mouth and hath still estate remaineing of ye Compa in his hands which he hath made ouer to mr Sands for his Securetye, he becomeing Securetye for mr fogg to be a true prisoner as in his petition he demonstrates. Now he knowes that what estate was Committed to him from the Compa was to be improoved for the Carring on of the Compa affaires in the workes, which vpon my request and others that desired him to furnish the workemen but with 20 pound which would haue stopt these prosedeings. he answred he would not (noe if 5s would doe it, but he keepes me both out of my owne estate and Compa estate to make and estate to himselfe, lett what will be come of workes or workemen And where as he sayes he hath advanst vpwards of 2 or 300 pounds more then he hath efects it is noe Such thing, for it is well knowne to the Compa and my Selfe he neuer brought a farthing into Stock, what he hath Spent and liued vpon must be raysed out of our estates. And in Case he will haue that to be true the like must belong to me as well as him being partnors in neere 300 pound worth of goods Bough[t] out of England in ioynt ship betweene us that had noe relation to the Compa he keepes both this, and that which is of the Compa and trades with as he please and will not furnish me with any to helpe forward our business, though I lye at the [Stake] for what euer he can Claime in England which If I might intreat that favor of your honors to Consider of and to put me in Some way that I might force estate out of his hands to Carry our business and End with.

    To what he Chargis me with fraudelensye in my dealings and Consumeing the Compa estate. I waye not his charge haueing the testimonye of owne Consience to the Contrarye that I haue and doe studdye the good of the Compa and were it that I had of my owne to make present Supply by turneing in to moneys the Compa Conserne should not want nor shall Soe long as I Can helpe it, it haueing layne vpon my shoulders now this 6 moneths time and more without any assistance from him but to those Chargis of his he may lay his hand vpon his mouth and looke back on himselfe and Consider how easy Such things wilbe prooved against him, he haueing Soe vainely and wickedly Spent that estate wch would haue Carryed our business and end with out any further trouble.

    As for my abradeing of him with reproachfull language and dredfull Curses. I denye, and question not but your honors haue knowledge of him and Countrye both what a Iyer he hath made himselfe out to be. I haue beene heere in the Countrye I thanke God neere this 35 yeere I know not yt any can Charge me either with Curseing or Swareing or that I euer was adicted there vnto but that it was euer hatefull to me, and through Gods helpe euer shall but that which layes this Scandall vpon me for, is, for what testimonye I haue borne against him, for his vitious Course, when he tooke a Cup of Sack in his hand and holding of it vp (as if he would Call heauen to record to showe his Cleereness and Innosensy in the last Sinfull business yt was before yor honors, that I stopt his hand and bore wittniss against him, he then abraded me, to the Spectators that was present and no[w] he thus doth againe because he knowes wt advise I gaue him to take heed of his actions in prison where he had a prissnor, that was reported to be mr[s] Gillum made in his Chamber in the darke, non but him and she alone for a great Space of time, which Can be testifyed by Mr Grice that went in to the Chamber, and what he sayd to mr fogg after I was Come away, which indeed telling him of these things with out abradeing of him he fell abaseing of me with words, where vpon I told him that if this wa[s] all the thanks I had for my loue he should stay in prison long enough tell dice might be made of his bones before I would Come to See him.

    Thus hopeing that his Slanderous tounge will not occasion your honors to looke vpon me with that Eye that mr fogg would render me to be [     ]

    Your honors humble Sarvant

    John Giffard

    March: 5th 1674/5

    The following account, for which Fogg sued, is in S. F. 1472.7:

    Boston New-England Anno 1674

    John Williams & Capt Thomas Frizell in consortship, to accot of Ezekiel Fogg & Compa are   Dr

    May. 1

    To Sundry goods bought of Ezekiel Fogg Vizt

    li s d

    1000. of. 4d Nayles


    1000. of. 6d Nayles


    1000. of. 10d Nayles


    2. pitt Saws at .8s per ps


    4 pair of Hose No 51. at 4s 6d per pair


    4. pair ditto No 52. 5s per pair


    1. bedtick & boulster


    3li of black & brown thred


    2li ½. of whited brown No 25


    2c ½ of Needles .2/6 perc


    1. paper of Strapeing No 1


    ½. doz. of pinns No 11


    1. barrell of powder


    12li of Shott. 4s


    ½. doz of Spades


    5. rowles of Tobacco, wa 100li at 4d ½. perli


    2. barrells of Molasses


    June 24.

    1. bagg of cotten No 1. qt 184li


    36. glasses


    1. Cuttace




    Errors Expected per mee Ezekiel Fogg

    Boston New-England. 1674.

    per Contra


    May 2. li s d

    By Cash received from Capt Thomas Frizell


    By a discount with Arthur Mason for bread


    By a paire of Stilliards from Capt Frizell




    Rest due to ballance per Contra




    Sworn in Court to bee a just & true accot both of debt & Credit, being compared with his Booke January. 26. 1675 @

    as Attests Isa Addington Cler.

    The case was reviewed at the April session. See below, p. 685.]

    Shippen agt GIFFARD &a

    Edward Shippen Attourny to Henry Ross plaint. agt John Giffard & Ezekiel Fogg Defendts The plaint. withdrew his action.

    Clarke agt Alden

    Major Tho: Clarke plaint. agt Jno Alden Defendt in an action of the case for witholding Six thousand foote of Merchantable boards which hee had order to deliver unto Major Genll Leverett now Governor in the yeare .1664. [358] for which sd Alden received his Freight Four pounds ten Shillings but hath not delivered the boards according to order; by which meanes J am kep’t out of my boardes & mony which J paide him for the Freight to my damage about twenty Five pounds and other due damages according to attachmt dat. 19o 11mo 1675. . . . The Jury . . . founde for the plaint. that the sd Defendt John Alden do pay & deliver or cause to bee paide & delivered unto Major Tho: Clarke or his order Six thousand foote of good Merchantable board in Boston or Eighteen pounds in mony & costs of Court.

    [Cf. Clarke v. Alden, above, pp. 213–14; the review in the April session of this year, below, p. 685; and p. 706.]

    Whakton &a agt Elson

    Richd Wharton & Thomas Bendish in behalfe of themselues & Correspondants late Hirers & affreighters of the Ship Blessing plaints agt James Elson now or late Master of the sd Ship Defendt in an action of the case for that the sd James Elson hath unjustly & indirectly in France recd into & still detaines in his hands the Summe of One hundred Ninety Seven Livers or thereabouts belonging to the plts & theire Correspondents which hee acknowledged to haue received & is so much more then the utmost penalty of a Charterparty, upon pretence whereof & of demorage due to the sd Ship hee witholdeth the aforesd Summe, whereby the plts & correspondents are damnified thirty pounds or thereabouts with other due damages according to attachmt dat. January. 19o 1675. . . . The Jury . . . founde for the plaints One hundred Ninety seven Livers or nineteen pounds Fourteen Shillings New-England mony & costs of Court. The Defendt appealed from this Judgemt unto the next Court of Assistants & himselfe principall in Forty pounds, mr Peter Lidget & mr Samll Shrimpton Sureties in £20 apeice acknowledged themselues respectiuely bound to . . . prosecute his appeale . . .

    [The documents filed with this case reveal an interesting and doubtless profitable triangular trade between Boston, the French West Indies, and France. First is the owners’ letter of instructions to the master (S. F. 1430.2):

    Boston November. 12th 1674

    mr James Elson

    Sr wee having yesterday loaden yor Ship Blessing & finished what on our parts appertaines to yor dispatch, wee now advise & order you with the first oppertunity of winde & weather to depart & Saile hence as directly as you can for the Jsland of Martineco & there apply yor selfe to mr Clerbo Bergee or in his absence to mr Augustin Melott & to attend theire orders for delivery & dispatch of the Ship according to Charterparty, but in case you finde neither the sd Gentlemen there, nor such other Order as may correspond with yor & or Security & the sd Charterparty, then wee referr it to yor own discretion to gain the best advise you can for the disposall of yor Loading at Martineco or any other of the French Jslands & receiving aboard again the effects thereof & such goods as may offer upon Freight to yor full loading & therewith to Saile to the port of Rochell in France & there wth the advice of mr Bailly to receive yor Freight & dispose thereof & [or] effects aboard to the Satisfaction of yor Ship hyre & the remainder to leaue in his hands for or use; Also wee advise & order you that in case the Dutch haue made a conquest of that Jsland & so you bee debarr’d of trade wth French & Dutch, or in case you haue certain news of warr between England & France that then you either Saile to the Jsland of Barbados or Nevis as the winds may favour & you may judge most profitable & at either the sd Jslands where you may arriue to deliuer or addresse unto mr John Johnson at Barbados & to mr Joseph Martine at Nevis & from them to receive & observe orders & direction for yor proceedure upon & conclusion of yor voyage according to Charterparty; wee also advise you that to prevent any disappointment to yor selfe of the hire of the Ship, that yow make all Freight payable to yor selfe by bills of loading, also for feare of death absence or other adversities, wee haue advised or Freind to joine yor selfe with whome ever else they shall Nominate in the consignment of the proceeds of yor present loading, of weh wee desire you to take speciall notice that according to the honesty of our intentions our Stock with you & yor Ships earnings may first bee disposed to yor Satisfaction & the overplus remaine with or Freinds that may bee joined with you in the consignment or upon or accots remitted to mr Robert Bensdish Mercht in London This wee hope may bee sufficient direction for the conduct of or buisness under yor charge; But in case of any such exigent or contingency as may render the observation hereof Jmpossible or pernicious then wee conceede that yor own discretion and the best advice you can obtain may direct you in the progress (as wee expect that common reason & equity should you & yor Owners in the issue) of yor Voyage, which wee shall pray may bee prosperous being.

    Yor assured Freinds to Serve you

    Richard Wharton

    Thomas Bendish

    Wee haue aduised our Freinds to supply any casuall want upon reasonable consideration, yor care over yor horsekeeper is desired, to take him into wages as hee may deserve after his present Service is ended, otherwise to dispose him into some of or Vessells, where hee may haue imploiment & passage home.

    . . . true Coppie . . . Jsa Addington Cler

    Several depositions follow:

    S. F. 1430.9

    William Geerish Chirurgeon aged about twenty seven yeares Saith that hee lately belonging to the Ship Blessing James Elson Master in her Voyage to the Jndies hee never heard or understood that the sd Elson either protested or gaue any warning or notice to mr Bergier when the time limited by Charterparty expired: and the Depont testifieth that hee hath sundry times manifested to the sd Elson his disatisfaction at the delay & loss of time in the west Jndies, and one time when mr Bergier had been long absent & the Ships company had little to doe, the Depont moved the sd Elson to send to mr Bergier for orders or to know his intention & offered to goe himselfe to mr Bergier if the mr would hire him a horse (the way to traivail being very bad) but the sd Elson answered that if the Ship lay there a twelue month hee would not hire a horse, and that other times hee hath heard the saide Elson Say that all was bound over to him for the paymt of the Ships hire, and if hee could but receive enough to pay the hire hee did not care; and sometimes upon occasion & when the Employers wrong & loss hath been spoken of, hee hath heard him say hee was not concerned for the Jmployers, but the Owners interest or words to that purpose and the depont Saith that mr Elson hath sundry times been spoken too to protest agt mr Bergier, but his answer was hee had not power so to doe, and the Depont Saith that himselfe and others of the Ship’s company did looke upon the Master to remiss in quickning mr Bergier to a dispatch: And further the Depont Saith that hee findes by his Journall that the Ship stay’d at St Christophers from the. 16th till the. 26th of June & there delivered out two or three parcells of Sugar, the number of caske the Depon’t knows not; and the Depont Saith that the sd Elson hath discted with the depont two Shillings for every liver hee recd for his wages in France & further Saith not

    Thomas Wilkott Marriner aged about. 35. yeares testifieth that hee knowes the Substance of what is abouewritten and deposed to bee true, hee being Boatswayne of the sd Ship and perticularly the Doctors offer to goe to mr Bergier if mr Elson would hire him a horse & the mrs answer was in the words or to the same purpose that the Doctor hath deposed, onely the depont Saith hee remembers not the Mrs expression that hee was not concerned for the Jmployers, but hath heard difference between the mr & Doctor upon acco of the Jmployers interest: And that theire Stay at Christofers & Disct for the deponts wages was as the testimony aboue declares.

    Sworn in Court by both witnesses. January. 26o: 1675

    as Attests. Jsa Addington Cler

    There are others of the same tenor in S. F. 1430.12. Robert Sanderson and Jeremiah Dummer, the silversmiths, deposed (S. F. 1430.11) that the French crown was worth “not more than 5s 5d at most” in New England money; Augustin Mellot testified (S. F. 1430.8) that the ordinary exchange value of a “liver” from Boston to La Rochelle was 2s; but Peter Lorphelin deposed (S. F. 1430.10) that a friend of his had been able to obtain but 20d for a French livre in Boston.

    Elson’s bill of lading from St. Kitts to La Rochelle, and his letter of introduction from Clerbaut Bergier, follow (S. F. 1430.13, 6):

    J James Elson Master under God of the Ship Blessing of Boston burthen two hundred tunns or thereabout being at ancor at present before St Christopher for & with the first convenient weather which God shall send to pursue the Voyage untill & before the Citty of Rochell where shalbee my direct unloading, do acknowledge to have received under the deck of sd Ship of you Clerbaut Bergier the goods following vizt two hundred Forty hhds & twenty quarter casks of Muscovado Sugar which are going for the accots & Riscos of mr Wharton & Bendish Bertram Servant James Elson William Gerrish dwelling in Boston, which Merchandizes J promiss to deliver in Rochell unto mr Debaussay, John Bailly and the sd Capne or unto his order Factors or Intermedler the danger of the Seas excepted of which God keepe us: For the fulfilling of what aboue J haue obliged by these pursents my body goods & my sd Ship Freight & apparrell in Showing mee one of those bill of loading, & the sd Debaussay Bailly &a shalbee bound to pay mee for my Freight of the sd goods the Summe of ten deners per pound & shall cleare the company & other advarages & duties accustomed. Jn Witness whereof J Master abouementioned James Elson haue Signed of my hand three bills of loading . . . made in St Christopher the fifth day of the month of July. 1675.

    Received the number of Casks the quantity & contents not known.

    Per mee James Elson

    . . . true Coppie . . . Jsa Addington Cler

    In St Christophers the 6th July. 1675.


    As mr Richard Wharton & Thomas Bendish Mrchants in New Enland haue directed here to mee the Capt James Elson present bearer with order to direct him to you, wt J do & according to the order wch they ought to have given you, you shall dispose of the Cargo wholly seeing that it is for the produce of theire goods, as you shall see by the bill of loading herewith: they did promiss to send mee other Ship, which J haue order also to direct to you J conclude assuring you that J am

    Yor humble Servant


    To mrs Devanpray Senior & mr Bailly merchant Jn Rochell

    . . . true Coppie . . . Edward Rawson Secret.

    Captain Elson explained these proceedings in the following deposition (S. F. 1430.14):

    Boston the 17th of December. 1675

    The deposition of James Elson Master of the Ship Blessing aged about. 32 yeares testifieth & Saith

    That according to the orders of mr Richard Wharton & mr Thomas Bendish to whome the Ship Blessing was let per Charterparty, J applied myselfe to mr Mellot of Martineco, to whome J was ordered in the absence of mr Bergier, & by virtue of sd Mellots order J sailed sd Ship to Guardeloop where find sd mr Bergier J attended his order & sailed the sd Ship from Jsland to Jsland with him the sd Bergier & by his order for the unloading & reloading the Ship & that no time was spent with sd Ship in the west Jndies or on the Voyage but by sd Bergiers order, to whome J was consigned with the Ship, who also was concerned ¼. part of sd Ships Freightment as mr Richard Wharton told mee here, before wee sailed hence: Also that assoon as the Ship was loaden in the west Jndies mr Bergier gave mee his orders to Saile the Ship to Rochell & consigned the same to mr John Bailly there, where after the delivery of the Ship J made up an accot with sd Bailly for the Ships hire and demurrage & is now in Court who paide mee the full of saide demurrage for the persons concerned in France, and J urgeing for all according to sd Accot so made up, hee refused for mr Whartons & mr Bendish’s parts for want of effects as appeares per the protest now in Court: And for my not protesting in the west Jndies as mr Wharton urges J could not doe that hee having a liberty per the Charterparty, paying 55. livers per diem till his orders in the Jndies could dispatch the Ship, and for the dayes of demurrage & times of the Ships arrivall at the severall ports, is justly expressed in the accot made up with mr Bailly which accot is now in Court under saide Bailly’s hand, and further that J am no waies concerned in this case but as Master of the Ship in behalfe of the owners: And further this deponent saith that hee received of mr John Bailly for so much of the produce of the Cargo as hee carried from the west Indies to gether with the Freight that the Ship made to Rochell but twelue thousand five hundred eighty Six livers Seventeen Sous & four deneirs as mr Bailly told mee it produced, & that the two thousand Six hundred [torn] eleven Livers eleuen Sous four deneirs hee advanced for the [torn] demurage of the Ship for the persons which lived in Fran[ce] & told mee hee would not advance anything for mr Wharton [torn] Bendishs parts having no effects of theires in his hands & furth[er] saith not:

    Deposed in Court the. 17th Decembr 1675. the Master adding that hee was not concerned otherwise then mr of sd Ship.

    Edwd Rawson Secret.

    . . . true Coppie . . . Edward Rawson Secret

    Copia Vera . . . Jsa Addington Cler

    The owners, not liking these proceedings, wrote to Michel Boucher, merchant of La Rochelle, a letter (S. F. 1430.3) which reveals more respecting the fish trade between New England and France.

    Boston January 28: 1675

    Mr Bourcher

    Sr yors of the 25 of March and 5th of Aprill last wee received, Togeather with The protest of ye Bills of Exchange Mr Bergier drew, and by a post Script to yor last yw Jntimate a possibility of getting paym[t] Mr Bayly being Concerned in Mr Bergiers business, wee haue ever since Expected To haue had yor advice, what Success yw had in the matter and for want thereof haue been at Some loss how to Deale wth Mr Bergier, but receiving noe new orders, or advice, from yw, and he [ariv]ing heer without any estate, and in Expectation of Some Supply from France (which also faild) wee were forced To make a Vertue of Necessity, and Take an Assignation from him of his Concerne Sent [home] in ye Severall Ships from ye Jndyes, great part whereof he protests he purposely Devoted and Directed To yor Satisfaction, And he Seems To be much Concerned That his effects should be Jntercepted, or misimployed, Wee heerwith Send yw ye sd Assignation and Sundry Bills of Loading and of Exchang, To Jnforme yw what sd Bergier hath sent, and To whom; Particulerly yw will receive a Bill of Loading Signed by James Elson for 46: hhds of Sugr Eleven baggs of Cotton wooll, and some other Small matters, Togeather wth ye Sd Elson and his Chirurgeons oath, Jndorsed upon ye sd Bill That ye Sd goods were Delivered To Mr Bayly, By all which (if yw haue not already received Satisfaction) wee doubt not but yw wilbee inabled To recover yor right; Sr For want of acquaintance wth Mr Bergier, when he arived heer wee haue not onely Created this trouble to yw, but great Damage and loss to our Selves, and Sundry of our friends, And wee Canot Thinke yt Mr Bayly hath been [Kind] unto us, in recomending Mr Bergier to us as ye person whom he advised us To Consigne his our owne & friends Concernmts to in ye West Jndyes, for before Mr Bergier arived heer Mr Bayly Sent Mr Mellott hither, with a licence or passport for an English Ship To Trade in ye French plantations, and acquainted us That soone after he [would] send us more passports, for more ships and then Mr Bayly prop[ound]ed to us to Concern our selvs and friends wt part wee pleased in ye [s]d Ships loading, and Cargoes, and gaue Jnstruccion in writing to ye sd Mellott, what Cargoes To provide for Louding of sd Ships, Expressly injoyning That Such Ships should be Consigned to To his Coos: Mr Clerbo Bergier, And [w]ee by our advice were to [lae] our Dirrections from ye Jnstruccions given Mr Mellott; and Jndeed by ye reprsentacion of the affayres to us, wee thought Mr Bergier had been of great account, and reputacion, and the onely person who by his Jnterest had obtayned those licences, and none else Capable enough to Jmprove them, — Besides Mr Mellott then heer Concealed Mr Bergiers Condicion from us and gaue us all Jmaginable Jncouragemt To Creditt and Concern ourselvs & friends with Mr Bergier, By which and what wee further prsume To Trouble yw with, yw will See yt wee haue been insnared for want of good advice from Mr Bayly and Mr Mellott,

    with This yw will receive yor acco of Sales, and acco Currt wch wee purposed to haue ballanced in ye Sommer, But a Ship yt Mr Bayly sent hither by wch wee reed yor protest, Kept us in Expectacion of it till ye Summer was passd, and all our Bilboa fleet gone, and afterwards ye person Jntrusted with ye Direccion of sd Ship went with her to ye Jndyes, nor hath any other ship gone this yeare To Rochell yt wee know of, and our Concerns there are Soe Small That wee found not occasion to hire one, And now meeting with This oppertunity for Bourdeux, wee haue shipd for acco of Some Gentlemen there Some Small quantity, and should haue shipd ye full ballce of yors alsoe, for yt port But ye unseasonable weather & ye great hinderance that thereby hath happend in her Loading, hath made us Jmbrace another way, that wee hope may be more advantageous to yw then to send yw fish that in probability would Come to late for ye Lentt, Therefore wee send yw Bills of Exchg Drawne by Captn Jn Phillips and one of us, upon Mr Bayly for £2117:08:07d; and in Case he refuse acceptance and paymt wee haue made an Assignment to yor Selfe, with Sufficient proofe annexed that he hath soe much of ye Drawers in his hands, wch for want of good advice from Mr Bergier he Detayned from Captn Hobbart, as supposing Mr Bergier and himselfe Concerned, whereas there was a Division (according to agremt) made in ye Jndyes, and the part that belong[s] to Mr Bergier and Mr Bayly left in Mr Bergiers hands Jf yw please To read ye papers relateing heerto yw will Clearly See That ye Ship Katherine was loaden heer for ye French Jslands, & the Cargoe sent thence in Company halfe Captn Phillips & Wharton, & halfe for Mr Bergier and Mr Bayly, and that ye Suger produced with the sd Cargoe was to be Divided in ye Judges, and the halfe belonging to ye Concerned heer to be Deliverd to Ct Hobbard Comander of ye Ship and in ye Ship to be Carryed to Rochell for acco of of the Concerned heer, and upon their adventure [&] Mr Bergier to Dispose of the other halfe for acco of himselfe and Mr Bayly which might alsoe haue Come for Rochell in ye Same Ship if Mr Bergier had seen it good, but it seems he otherwise Disposed of it, And when ye Ship arived The Master Confideing in Mr Bayly Comitted the Sugrs That belonged to his Jmployers heer to Mr Bayly to sell woh when he had Done although he passd his receit upon yt Bill of Loading, yett upon prtence of his and Mr Bergiers Jnterest he Detayned ye aforesd sume of £2117:8s7d in his hands ye Reasons yw will find in his letter heerwith sent yw, and wee Doubt not but when yw shall make Demand and Comunicate ye assignmt and evidences but yt he will accept and pay the bills, and lest yw should Sustayne any wrong by this Exchange, wee Doe oblige ourselvs That whatsoever ye Samme Valew laid out in fish would, or Doth yeild when this ship arives, Clear of Charge wee will allow it to yor acco, upon yor advice and onely Deduct this Summe; if yw receive it, and in regard there is a probability of Some Trouble in ye recovery of This Summe, wee shalbee willing To recompence it by freeing yw from ye adventure of ye Sea, and makeing soe much money good to yor acco as ye fish that might be purchaced wth what is yor Due heer may yeild Clear in France, wch wee hope wilbee soe Satisfactory to yw as to perswade yw To Jndeavour ye recovery of this Summe thus assigned yw, Mr Mellott is now with us and before he parts wee will efectually provide That ye Money he was To remitt yw shalbee paid with Due Consideracion and that & what more may be Due to yw shalbee sent yw by Exchange, or in fish logwood, or hides as yw shall Direct, wee Could Send yw plentifull Testimony of ye bad Condicion of yor wyne, but none yt any thing Considerable was Damnifyed aboard, but yor Cooper had been Very negligent in putting it into Corrupt and Crazy Caske, Those yt bought it haue Considerable part by them, wch they Can neither Sell at any price nor turne To Vinegar, wee are heartily Sorry yt wee Can giue noe better Jncouragemt To yt Good Disposicion yw manifest to a Trade to this place, all lynnens Silks & Dry goods are Very Plentifull & Cheap, and Soe like to Continue ye next year By Reason of warr, with yt Salvages which Doth much obstruct trade, Wheat Rye Brandy Some Sound wyne and Vinegar will probably sell to good advannce, And if it be yor pleasure To make Tryall To recover yor first loss, wee Judg yw may receive good advice from one Mr Jn Toton, of yor owne nacion, that Comes in in this shipp — he is well Knowne to Mr Bayly, and well Knows ye state of this Countrey, and hath a good reputacion amongst us, and if yw Concern yor Selfe with him, or any other yt may Come over, one of us will readily assist them but shall not otherwise Meddle with any of yor affayres, Till by a better occasion yn ye formr wee may assure yw that wee are

    Sr yor Faithfull Servts

    Richd Wharton & Compa

    Sr Jn Case yw faile of Satisfaccion for ye formr Bills of Exchange if yw Can procure an assignacion of Mr Duportand for ye Bill of Loading Signed by Mr Elson & send over with Mr Bergiers assignacon now Sent yw wth good evidence wee shalbee able To recover ye Goods of sd Elson in regard he Delivered them not according to Bill of Loading

    Fish hath all this Summer & autumne been 20s at least 19s it is now 15s per Qll and about 3d Charg in shipping.

    R W

    From Boucher they received the following notary act (S. F. 1454.1 — apparently the original):

    Generalité petit papier pour

    [Coat of Arms]

    de Poitiers un sol feuille

    Aujourdhuy Neufiesme Apuril mil six cens soixante seize le Requeram le sieur Michel Boucher marcham de ceste ville y demeuram Rue du temple parroissede saimt Sauueur, Moy notaire Royal rezerué en la ville de la Rochelle soubzsigné me suis aueg luy transporté en la maison et domicille du sieur Jean bailly aussy marcham en ceste dite ville s[i]zé rue de saimt yon dite parroise de saimt Sauueur ou estam parlam a la personne dudit Sieur bailly, ledit sieur boucher a presenté et faict voir vne lettre dechange Escripte descripture et langue angloize dom la teneur sur la traduction quy en a esté faite de ladite escripture, en celle francoize suit, a boston januier 26. 1675 stile dangleterre, a vingt Jours de veue par cette nostre première dechange, nostre seconde et troisiesme nestam point payéé, Payez a monsr michel Boucher ou ordre la somrne de deux mil Cem dix sept liures pour valleur Receue jcy Ne menques pas de faire bon payeman Et postez le mesme comme par aduis et compte de Vos seruiteurs John phillips, Richard Warton, a Costé a monsieur Jean bailly marcham a la rochelle, comme aussy a ledit Sieur boucher presenté audit sieur bailly la lettre dauis a luy escripte parles tireurs de la lettre dechange dom est question dattée de boston le 26. Januier 1675 Escripte aussy en langue Et Escripture Engloize laquelle ledit sieur Boucher apres auoir Icelle parraphee de son paraphe ordinaire Ne varietur la offerte delliurer et mettre es mains dudit Sieur bailly, Sommam. Icelluy djcelle prendre et [Rece]uoir, et de presenteman accepter ladite lettre [de]change sus dattéé et dom est question pour la payer dans son temps, Protestam ledit sr boucher que faute de ladite acceptation Et payeman et du Conteneu en Icelle jl poursuiura en justice ledit Sieur bailly aux perils risques et fortunes desdits Phillips Et Warton en vertu de leur procuration Et pieces Justifficatifues quils luy om enuoyé a cest effet Et dom dutom jl donnera Coppie audit bailly, la traduction estam preallablemam faite, le torn Soubs les protestations expresses que fait ledit Sieur Boucher par ces presentes denestre veu A prouuer les remizes faittes par lesdits phillips Et Warton audit boucher en lettres dechange dom celle cydessus fait partye et de se pouruoir contre et sur les effets djceux phillips Et Warton pour ce quy luy est par eux deub, Et Encore tarn contreux que Contre ledit bailly pour raison de la susdite Lettre dechange susdattéé dechange Rechange frais des [pans] dommages et Interrests, mesme de prendre pareille somme de deux mil Cem Dixsept liures auchange Et generallemam de torn ce quil peut et doibt protester en Rencontre semblable et de ses droits contre les Vngs et les autres A quoy ledit sieur bailly a fait responce quil ne voulloit accepter ladite lettre [d]echange my paye le conteneu en [jcelle] pour nauoir aulcunes prouisions ny ne debuoir aulcune chose aux tireurs et que les protestations contre luy faites ne luy puisse nuire ny prejudicier, Et a seullemam pris et Accepté Ladite lettre dauis paraphée que dite est cydessus, duquel reffus dacceptation ledit sieur boucher a requis acte et de ce quil a persisté Es susdites Sommacions et protestation, ce quy luy a par moy esté octroyé Ensemble de ce que jay audit sieur bailly dellaissé coppié des presentes a la rochelle Le jour et an de lautre part presensts tesmoings Jean parier et anthoine billé clerg demeurams en ladite Rochelle Et a ledit bailly Refuze de signer quoy que requis de le faire. Signe en la [     ] des presentes M. boucher, J. parier, Billé et bourot nore royal a Costé est escrit Co[     ] a la roll le 10 apuril 1676 folio 205 du xix registre


    Notaire Royal

    Wee Whose names are Vnder Written English Merchants Resident in Rochell do Certifie all Whome it May Conserne that the a Boue named Bourot is a Nottaire publique ordained by the king passeing all acctts of Iustis acording to Law as Wettnesses our hands in Rochell the 22th Ieune 1676

    Andrew Stirckey & Co.

    Andrew: Whitley


    Sommation le sieur Michel Boucher Au sr Jean Bailly 1676

    Protest de la lettre de 2117li sur monsieur Bailly

    The Court of Assistants (Records, i. 58) upheld the verdict of the lower Court and ordered Elson to pay 14s additional costs.]

    Bozworth agt Moulder

    Samuel Bozworth Assigne of Robert Harwood plaint. agt Nicholas Moulder Defendt The plaint. withdrew his action.   [359]

    Little agt Adams

    Jsaac Little plaint. agt Alexandr Adams Defendt in an action of debt of Sixteen pounds thirteen Shillings & Six pence in mony due for twenty tunns & thirty six foote of Ship timber delivered by the sd Little or his order to the sd Adams in Boston at Sixteen Shillings per tunn according to agreemt with all other due damages according to attachmt dat. 22d of Octobr 1675. . . . The Jury . . . founde for the plaint. three pounds two Shillings six pence mony & costs of Court.

    Sandford agt Orchard

    Robert Sandford plaint. agt Robert Orchard Defendt in an action of the case for running a halfe pike or instrument into the side of a horse of the sd Sandford of which wound made thereby the sd horse dyed to the great damage of the sd Sandford according to attachmt dat. Octobr 30th 1675. . . . The Jury . . . founde for the plaint. for this damage that comes by the Stabbing his horse Seven pounds mony & costs of Court. allowd twenty nine Shillings ten pence.

    Execution issued 17o Nov. 1679.

    [This case was retried in April, 1681, too late to be covered by this book. From documents filed with that case, it appears that it grew out of service in King Philip’s War.

    The following is from the Reasons of Appeal of Joseph Holmes, Sanf ord’s attorney, dated September, 1681 (S. F. 2013.4):

    3 from the merit of the case: tis svfistiantly prooved that orchard killed Sanfords hors and that with ovt any Just cavs and thear fore tis bvt an honist thing that he shoolld pay for him and not the contry as orchard woold have it nor shoold sanford loos his hors and so good a hors as he was and so baisly killd as is evident from the testemonys he was the witnesis say thear was a fenc betwen the men and the horsis and orchard only he and with his havlf pick and sav him stab the hors and sav him pvll hard to pvll his havlf pick ovt of the hors and saw the blood gvs ovt and when he had don denyed it and woold have hid it if posibill he covld and now he woold insinvate as tho he killed the hors for his own saifte and the saifte of his men so he swor at aprill covrt how thear can be any trvth in it I leve to this honnerd covrt and gentillmen of the Jvry to Jvdg. . . .

    S. F. 2013.7

    The testimony of John Howard aged about .30. yeares testifieth and Saith that hee this deponent drove Robert Sandfords horse with his own horses to Swanzey and the sd Sandfords horse being the horse now in controversy, was a very Stought Serviceable horse and performed his Service better then any horse there; Also hee this deponent Saith that hee comming from a meadow with his own horses to the yard where this horse of sd Sandford stood, severall of the Souldiers came to me and told me that the horse that came thither in that cart J came with is stabbed, J asked them who did it they told me it was Robert Orchard and they went to the bundle of pikes and brought me a halfe pike that was bloody at the end and bowed and said this was the pike that did it

    Sworn in Court. January. 26: 1675. as attests Jsa Addington Clre

    Copia vera attestr Jsa Addington Clre

    Other depositions are in S. F. 2013.8, and Orchard’s answer to Holmes is in S. F. 25899:

    3dly To ye merit of ye case as he calleth it I answere yt whearas he saith it is suffitiantly proued yt I Killed Sandfords horse and that without any just cause: Theare was neauor any euidence in Court yt Sandfords horse is dead much Lesse yt I Killedj hime for if it weare True as is affirmed: Yet Sandford had noe horse theare for what horses was theare was yo Cuntryes and whearas hee saith yt I would haue ye contry to pay for ye horse it is a great mistake for I doe not concearne my selfe wth any such thing, but I sue for my owne money yt was unjustly taken away from mee by Sandf[ord] as for ye rest of his Allegations I answere thus it was that when ye army removed from Swanzie to Naraganset yt the counsell Left mee in charg[e] wth ye garison at Swanzie when Capt Huchinson returned wth ye Article[s] of peace from Naraganset after I had re[ceued] hime into ye garison hee tould mee I must furnish hime wth horsses and other nesesarys for Boston wheare vppon I comanded A file of musqueteeres to fetch mee vpp sume horsses which accordingly was done and they were tyed to A fenc among which were two Stone Horsses which were A fighting and bro[torn] there fast and Brock downe ye fenc and came among our men and ye Indians yt satt Downe under ye fence and whearas he sayth yt I would insinuate by my swearing yt I Killed ye horse for my one defenc[e] and yt defence of my men ye Court may please to remember yt they tou[l]d mee in open Court that if I could say that what I Did was for my nesesary Defence and Safety and preceruation of my men yt it would bee sufficiant soe yt I was called by ye Court to testifie to ye Truth of that pertiquelar therfore noe insinuation and this I could haue proued had I not beene under great Disadvantag when hee Arested mee just when I was goeing for England and had not Time to prouid to defend the case so yt noe defence was made but had Robert Sandford beene honest in causing his euidences to sweare yc whole Truth it would haue sufficiantly proued yt what I did was in my own Defence and for ye safty of my men but he got hi[s] euidences to ye Beare Taverne and ther writt what would serue his own turns as they haue since informed mee and are redy to testifie if New Euidences might be admitted that ye horse came open mouthed at me and forssed me to jumpe ouer a w[e]ll and had Like to haue pawed me under hime when I went to part them

    Lastly — ye Honoured Court and Gentlemen of yo Iury may please to take notice of ye eror of ye first jury not only in that there was noe horse pro[ued] to bee dead but in ouer rating ye supposed dead horse contrary to law wch saith noe horse shall bee rated aboue Thre pounds in ye Cuntrys Seruice but they haue giuen hime seuen pounds for a horsse wch if euor was his it is unknowne to me but howeuor it was ye Countrys horss wch none will gainsay or Question

    and further if ye Honoured Court and Gentlemen of ye Iury will please to Consider and compare ye Attachment and his euidences toget[her] I dare prusume they will finde it a Very strang Verdict and indeed there is noe two Euidences speaks one thing yt is essentiall to his Case: Thus hopeing ye honoured Courte and Gentlemen of ye Iury will See Cause to confirme ye Iudgment of ye Last Court wth other Due Dammages

    I subscrib Yor Humble seruant

    Robert Orchard]

    Barnes agt Batt

    James Barnes plaint. agt Paul Batt Defendt The plt withdrew his action.

    Ttng agt Cooke

    Edwd Tyng Esqr Treasut plaint. agt Francis Cooke Defendt This action was continued untill next Court.

    Hudson agt Hord

    Capt Wm Hudson plaint. agt John Hord Defendt The plaint. non-Suted upon nonappearance.

    Hudson agt Daniel

    Captn Wm Hudson plaint. agt John Daniel junr Deft The plaint. withdrew his action.

    Crosby agt Adams

    Joseph Crosby plaint. agt Joseph Adams Defendt the plaint. withdrew his action.

    Lynde agt Trumbel

    Simon Lynde plaint. agt John Trumbel junior Defendt in an action of the case for an account of One thousand five hundred foote of Merchantable pine boards laden by the sd Lynde on board the Catch SeaFlower bound [360] for Jamaica, whereof hee the sd Jno Trumbel junior was Mar as per receipt may appeare with the produce thereof with all due damages according to attachmt dat. xbr 17th 1675. . . . The Jury . . . found for the plaint. nine pounds eighteen Shillings in mony & costs of Court twenty six Shillings & two pence.

    Execucion issued Febro 16o 1675

    Lynde agt Trumbel

    Simon Lynde plaint. agt John Trumbel junior Defendt in an action of the case for an account of the severall voyages made by the Catch SeaFlower, whereof hee the sd John Trumbel was Master from October Anno. 1669. wth the produce of the eight part thereof, as also for an account of the one eigth part of the sd Catch SeaFlower & her Furniture & appurtenances with the produce thereof with all due damages according to attachmt dat. xbr 17th 1675. . . . The Jury . . . founde for the plaint. that the sd Defendt John Trumbel do give in to the sd mr Lynde plaint. a just & true accot of the purmisses Sued for according to attachmt within the space of nine weekes next insuing or pay unto the sd mr Lynde the Summe of thirty pounds in mony & costs of Court.

    Jesson agt Bushell

    Jacob Jesson plaint. agt Edward Bushell junior Deft in an action of the case for not drawing bills of Exca to the value of two hundred pounds upon mr Scott & mr Ralph Lane merchts in Barbados payable Forty two dayes after sight unto sd Jesson or assignes in good Merca Muscovadoes such as shalbee to the acceptance of sd Jesson or order at ten Shillings six pence per hundred accounting one hundred & twelue pounds suttle to a hundred to bee delivered aboard any vessell or vessells in the Rhode of Barbados in sufficient caske most hogsheads & the rest butts well filled cleere of all custom & other charge whatsoever as per an agreement under the hand of sd Bushell may more fully appeare, to the damage of sd Jesson One hundred & Eighty pounds mony or thereabouts with all other due damages according to attachmt dat. January. 14o 1675. . . . [361] The Jury . . . founde for the Deft costs of Court.

    January 24o 1675

    Davenport to Shippen

    Francis Davenport personally appeared before Edwd Tyng & Tho: Clarke Esqrs & confessed judgemt agt himselfe & Estate unto Edwd Shippen for Seventeen pound ten Shillings & six pence lawfull mony of New-England according to bill on file bearing date Augo 26th 1675 mr Edwd Shippen appeard in the Office Febr 25o 1675 & acknowledged hee was fully Satisfied for this judgement.

    attests. Jsa Addington Cler

    Peacock to Brattle

    Samuel Peacock personally appeared before Simon Bradstreet & Edwd Tyng Esqrs January. 25o 1675. & confessed judgemt agt himselfe & Estate unto mr Tho: Brattle for Eighteen pounds seven Shillings nine pence according to Accot to bee paide ten pounds in mony & the remainder in provisions at mony price or mony.

    as Attests. Isa Addington Cler

    Execucion issued 21o March: 1676/7

    Marshall to Bradstreet

    Captn Tho: Marshall of Lynn personally appeared in Court January .25o 1675. & confessed judgemt agt himselfe & Estate unto the Worppll Simon Bradstreet Esqr for One Hundred pounds to bee paide in mony or corn to bee delivered at Boston at mony price.

    as Attests. Jsa Addington Cler

    a Freeman Sworn

    Tho: Mihel of Milton tooke the Oath of Freedom of this Colony.

    Giffard &a to Shippen

    John Giffard & Ezekiel Fogg appeared in Court 26o January. 1675. & confessed judgemt agt themselues & Estates for thirty one pounds mony of England unto Edward Shippen Attourny of Henry Ross Citizen & Upholder of London according to bill on file datd 16o 7br 73. wth damages

    Execucion issued March. 15o 1675/6.

    [Cf. Fogg v. Williams, above, pp. 656–60.]

    Nash dischargd

    James Nash Senior of Waymoth being presentd for disturbing mr Torrey in the worke of the Ministry on the Sabbath the presentmt not being proved fell.

    Jay Sentencd to pay £100

    Thomas Jay of Hingham being imprisoned till this Court to answer for his vilifying & reproaching the Honorble Josiah Winslow Esqr Generall, the authority of the [362] Country & other misdemeanors The sd Jay being called for, the charge & Evidences produced agt him were read & his answer & defence heard; which the Court having duly weighed & considered do disfranchize the sd Tho: Jay declaring him to bee no longer a Freeman of this Jurisdiction & Sentence him to pay One hundred pounds in mony as a fine to the County, to pay one £50. thereof before hee bee released from prison & to pay the other £.50. when demanded by the Court & to giue in bond with Sureties of two hundred pounds for his good behavior during the pleasure of this Court & to pay charges of prosecution Fees of Court & prison standing committed untill this Sentence bee performd

    Sam: Jndian admonish’t

    Sam: Jndian being complained of & imprisoned for his dalliance with & frighting of a little English girle; The Court having heard & considered of what was alleaged against him do Sentence him to bee admonish’t & to pay charges of prosecution & Fees of Court & prison Standing committed &a

    Mary Wharton Sentencd the wife of Ph: Wharton

    Mary Wharton being complained of & imprisoned for unclean carriages with Ezekiel Gardiner The Court having heard & considered of what was proved agt her & what Shee herselfe confessed do Sentence her to bee whip’t severely with thirty Stripes at a carts tayle from her own house to the prison & then to bee committed to the house of correction there to bee kept according to the order of the house untill the next Court of this County & to pay Fees of Court standing committd &a

    Paine Sentencd

    Sarah Paine convict by her own confession in Court of committing Fornication with one Dennis Hill by whome Shee hath an illegitimate Childe, The Court Sentencd her to bee whip’t with Fifteen Stripes or to pay Five pounds in mony as a fine to the County & Fees of Court standing committd &a

    Paige admonish’t

    Nicholas Paige presentd for travelling from Waymoth to Boston on the Sabbath which hee owned, The Court Sentencd him to bee admonish’t & to pay Fees of Court.

    Bull admonish’t

    John Bull presentd for travelling as abouesd The Court Sentencd him to bee admonish’t & to pay Fees of Court

    Atkinson undr a penalty

    Theodr Atkinson presentd for letting his Cellar dores lye open & his Cellar often halfe full of water dangerous for passengers The Court Orders him to make [363] up his Cellar dores between this & the next Court of this County under the penalty of Five pounds in mony.

    Belcher’s Estate Setled

    For the pursent Setlement of the Estate of Gregory Belcher of Brantery decd It is Ordered that his widdow Katharin Belcher haue all the movable Estate left by her late husband Gregory Belcher to bee to her & her heires forever, and that Shee haue that part of the dwelling house & appurtenances which Shee now enjoyes to Hue in during her life: and that Shee may dispose & make Sale of any part or parts of the Lands to pay debts (her Sonns having consentd thereunto) and that Shee emproue by Sale or otherwise the rest of the Estate for her own maintenance during her life & what remaines of the Estate at her decease to bee devided by the Court amongst the Children that haue a right thereunto.

    Spur admonish’t

    Robert Spurr of Dorchester being presented for entertaining persons at his house at unseasonable times both by day & night to the greife of theire wives & Relations &c The Court having heard what was alleaged & testified agt him do Sentence him to bee admonish’t & to pay Fees of Court and charge him upon his perill not to entertain any married men to keepe company with his daughter especially James Minott & Joseph Belcher.

    Thayre dischargd

    Richd Thayre presentd for Selling drinke to the Jndians The presentmt not being proved fell.

    Everill dischargd from trayning

    James Everill by reason of age & other infirmities is discharged from attending upon ordinary traynings in the military Company under the command of Capt Daniel Henchman or any other Company in which hee may Hue, keeping armes in his house according to Law.

    James dischargd from trayning

    Gaudy James by reason of age & other infirmities is discharged from attending upon ordinary traynings in the military Company under the command of Capt Danll Henchman or any other company in which hee may Hue, keeping armes in his house according to Law.

    Courts Sence how Capt Scarletts debts shalbee paide.

    Vpon the motion of mr Jno Scarlett Execr & Capt Tho: Lake & Capt John Richards OverSeers of the last will & testamt of Capt Samll Scarlett decd (in behalfe & upon the desire of mrs Mary Scarlett his Relict & Execx) for advice in theire more cleere acting with reference to the due execution of sd will according to the true intent & meaning thereof The Court having perused the will do declare theire Sence [364] & judgemt therein to bee, that the debts due unto the Estate bee forthwth gathered in, & that the debts oweing from the Estate bee paide out of the same.

    Attachmt to issue for Kingman

    Ordered that an Attachmt issue forth for the next Court agt the Estate or person of Edwd Kingman of Waymoth for him then to appeare.

    Webb appointd to bee Marshall & Sworn

    Joseph Webb is appointed to bee a Marshall for the County of Suffolke & Sworn to the due Execucion of his office January. 29o 1675.

    Shrimptons Admrs Liberty

    Liberty is grantd unto the Admrs of the Estate of the late mrs Mary Shrimpton decd untill the next Court of this County to bring in an Jnventory of that Estate.

    Gibbs Sentencd

    Mary Gibbs being presentd for lascivious carriages & suspition of adultery The Court having heard & considered of what was alleaged & proved agt her Sentencd her to bee whip’t at the cart’s tayle with twenty Stripes in compa wth Mary Wharton from her house to the prison & to pay fees of Court standing committd &a

    Hyde a Quaker discharged

    Joane Hyde being committd to prison as a vagabond Quaker; upon her motion to the Court & desire that Shee might return to Rhode Jsland whence Shee came & where Shee Saith Shee intends to Settle: The Court discharge her from the prison & grant her Liberty to return to Rhode Island.

    This Court dissolved January. 29o 1675.


    William Hukely of Newichewanick personally appeared before the Honord John Leverett Esqr Govr & Edw: Tyng Esqr Assist, march. 27o 1676. & confessed judgemt agt him selfe & Estate unto William Rawson for Forty pounds in mony in Satisfaction of a bond on file bearing date Sepr 9o 1675.

    as Attests Isa Addington Cler

    Execucion issued March 28o 1676.   [365]

    [S. F. 1469.1

    To the Marshall of the County of Suffolke or his Deputy

    In his Maties name you are Required to Levy by Execution upon the Estate or person of William Hukely of Newichewanick in mony the Summe of Forty pounds with two Shillings more for this Execution & deliver the same unto William Rawson; which is in Satisfaction of a Judgement the sd Hukely confessed against himselfe and Estate for so much before the Honord John Leverett Esqr Govr and Edwd Tyng Esqr Assist. March. 27o 1676. in Satisfaction of a bond on file, bearing date Septr 9o 1675. & hereof you are to make Return according to law, and not to faile. Dated in Boston March. 28o 1676. @

    By the Court Jsa Addington Cler

    The Return

    J have extended this Execution upon the person of William Hukely, hee having no Estate to shew mee as hee saide, but was willing and J did commit him unto mr William Rawson to bee at his dispose to Serve the debt out with him or any other that hee should dispose him to, this twenty eight day of March One thousand Six hundred & Seventy Six

    per mee Joseph Webb Marshall

    . . . true Coppie . . . Jsa Addington Cler

    See case of Briggs v. Hukeley, below, p. 712.]

    County Treasuror

    The Commissionrs of the severall Towns of the County of Suffolke for opening of the votes for election of County Treasuror met at Boston March. 29o 1676. & after perusall of the votes made theire return that Edward Tyng Esqr is chosen Treasurer of the County of Suffolke for the yeare ensuing.

    Cooke to Childe

    Robert Cooke of Boston Hornebreaker personally appeared before the Honord John Leverett Esqr Govr & Edwd Tyng Esqr Assist. Aprill. 6o 1676. & confessed judgemt agt himselfe and Estate unto Alwin Childe of Boston Merchant for Fifteen pounds three Shillings in mony, being the full remainder of a bond on file bearing date July. 16o 1674.

    as Attests. Jsa Addington Cler

    Execucion issued June. 8th 1676.

    Deane agt Pease

    John Pease personally appeared before the Worppll Simon Bradstreet Esqr & Edwd Tyng Esqr Assists Aprill 19o 1676. & confessed judgemt agt himselfe & Estate unto mr Thomas Deane of Boston Mercht for Four pounds Seventeen Shillings & three pence in mony, in full of a bill on file dat. 24o January. 1675. wherein hee & John Parker stand jointly & severally bound to sd Deane.

    as Attests. Jsa Addington Cler

    Tayler to Hutchinson

    John Tayler of Boston joinr personally appeared before the Worppll Edward Tyng Esqr & Tho: Clarke Esqr assist. April: 24o 1676. & confessed judgemt agt himselfe & Estate unto Eliakim Hutchinson Merchant for ten pounds one Shilling & six pence in mony according to bill on file bearing date Septembr 29o 1675. wth charges. £:10:01:6.

    as Attests. Jsa Addington Cler

    Execucion issued 12:7br 1676.

    Kemble to Deane

    Mary Kemble Admx to the Estate of her late husband Henry Kemble decd personally appeared before the Worppll Edwd Tyng & Wm Stoughton Esqrs Aprill. 22o 1676 & confessed judgemt agt herselfe & Estate unto Thomas Deane assignee of Sampson Sheafe for Forty Four pounds one Shilling in mony, in full of a bond of One hundred [366] and Forty pounds on file bearing date Aprill: 12o 1675

    as Attests. Jsa Addington Cler

    Way to Lidgett

    Lt Richd Way personally appeared before the Worppll Tho: Danforth & Wm Hathorn Esqrs assists Aprill: 24o 1676. & confessed judgemt agt himselfe & Estate unto mr Peter Lidgett for Sixteen pounds two Shillings & six pence in mony according to receipt on file date. 9br 2d 1675. wth the charges.

    as Attests. Jsa Addington Cler