At a County Court held at Boston April: 25o 1676 @

    Magistrates present

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

    Grandjury the same wth the former Court

    Jury of Tryalls Sworn

    • Edwd Sale
    • Wm Bartholmew
    • Ebenezer Clap
    • Jno Scarlett
    • Samo Mills
    • Tho: Holman
    • Jsa Goose
    • James Fales
    • Tho: Marsh
    • Timo Stevens
    • Samo Paul
    • Richd Stubbs

    [Frost v. Wayte]

    John Frost plaint. agt Richard Wayte Marshall Defendt in an action of the case for refuseing or neglecting the duty of his office for that the sd Marshall hath not extended an Execution deliurd unto him about three yeares since upon the Estate or person of John Eyre of havaril for eighteen pounds mony to bee deliurd to the sd Frost, or at least not deliurd any thing to the plaint. by virtue thereof nor returned the sd Execution to the Officer that granted the same according to Law & his promiss also to the last County Court in Boston; whereby the plaint. is damnified at least twenty pounds in mony wth other due damages according to attachmt dat. april: 8th 1676. . . . The Jury . . . found for the plaint. ten pounds damage & costs of Court being & declare the former judgemt to stand good for the plaint. to renew his Execucion.

    Execucion issued April. 27o 1676.

    Swift etc. agt Smith

    Obadiah Swift Thomas Bird & John Clarke or either of them being Sons in Law to the late Major Humphry Atherton decd plaints agt Richard Smith of Wickford in the County of New-London Defendt in an action of the case for his the sd Smith’s keeping possession of an Estate belonging to them & not paying theire respective dues according to promiss & engagement to them once & again as will [367] further appeare by a bill, bond or writing under his hand datd the .10. Augst. 74 & the order of the Honord Court of Assistants at Hartford: May. 26. 74. to the great damage of the plaints these with all due damages according to attachmt dat. March the .13. 1675/6. . . . The Jury . . . founde for the plaints Eighty pounds Fifteen Shillings four pence halfe penny in mony; which is twenty Six pounds eighteen Shillings five pence halfe penny per share & costs of Court. mr Richd Wharton being Surety for the Defendt & appearing to defend the case appealed from this judgemt to the next Court of Assistants & himselfe principall in £.160. & Jno Wilkins & Nathanael Williams Sureties in Eighty pounds apeice acknowledged themselues respectiuely bound to . . . prosecute his appeale . . .

    [Although the appeal was withdrawn (Records of Court of Assistants, i. 69), the following Reasons (S. F. 1467) explain the nature of this interesting case on the conflict of the laws of two jurisdictions:

    Richard Wharton Surety for Mr Richard Smith his Reasons of Appeale from ye Iudgemt of ye County Court In Aprill last In an action Commenced by Obadiah Swift Thomas Byrd & Iohn Clarke

    1st Because ye then plts Sue as sons in law To Majr Humphrey Atherton & by vertue of yt Relacion pretend a right To an Estate in ye possession of ye sd Smith But doe not declare whether they married Majr Athertons daughter or Majr Atherton married their mother To make them Sons In law But supposeing ye first wch is ye most probable To give them interest yet yt was not proved To ye Iury or if i[t] had yet as Sons in law they cannot Sue exept in right of their wives whom they must prove Either heyres Exrs Admrs or assignes To Majr Atherton if they will recover any Estate belonging To him but noe such plea or proofe was presented att yt Court

    2d They insist vpon a promise & ingagemt & Referr To a Bill Bond or Writeing vnder hand dated ye 10th Augt 1674 wch writeing only Seems To suppose yt ye now Defendts might or ought to have some right share or interest in some Money agreed on for ye purchase of Two Tracts of Land in ye Narragansett Countrey wch parts or Shares Mr Smith oblidges to pay according to ye Decision of ye Collony of Conecticott But it did not appeare to ye Court yt any lands yt belonged To Majr Atherton were Sold But it being granted there we[re] It appeared not what Tracts nor for wt Summe of Money nor wt ye Defendts parts or share[s] were therein And (as none is) Soe if all this had been proved ye Decission of ye Collony of Conecticott is referd To in ye obligacion according to wch Mr Smith promises payment Now Mr Smith being an inhabitant of yt Collony ye Estate in Controversy being in yt Collony & his obligacion being To make paymt according To ye Decission of yt Collony It is humbly Supposed yt ye now Defendts ought not to have brought any action agt Mr Smith in this Collony his person or Estate being alwayes in yt Collony To respond greater Demands but if it be pretended ye order from Conecticott referrs To ye distribucion of ye Court of ye Massachusetts It is answered ye order is directed To those in whose hands ye Estate shall bee found wch ye Defendts say is Mr Smith Therefore by vertue of yt order they should have made their Demand & if hee had been dissobt they might Iustly have Complained of his Contempt & have had Execucion for wt they could make out to bee their right But Supposeing yt Mr Smith should bee lyable To bee Sued heer yet yt order referring To ye distribucion of this Collony & nothing like a distribucion of this Collony appeareing To ye Court onely a paper yt mencons 13 Shares but to whom these Shares are To bee divided is not mencioned nor is their any act of ye Authority of this Collony passed vpon sd paper & Supposeing To ye Children yet these persons being neither Children nor proveing themselves marryed to ye Children Can have noe legall pretence To any share or Interest to anthing Mentioned in said Paper

    Lastly Because ye now defendts not looking Vpon ye order of Conecticott as a Decission They by an order of theire owne Dated about ten weeks after yt of Conectic[ott] order & Depute Mr Smith to detaine & keep in his hands there parts & shares till it is ordered by ye Court of Conecticott Since wch order & deputacion from ye Defendts To Mr Smith noe order from Conecticott hath been Tenderd to him But on ye contrary certificate from ye Governor & two assistants of yt Collo[ny] yt they apprehend it Reasonable yt Mr Smith Detaine wt money hee had in his han[ds] Till Majr Athertons Children should agree or ye Court of Conecticott should order how ye money should bee distributed & yt a settlemt thereof would bee made vpo[n] ye Childrens applicacion To ye sd Court By all wch it is humbly hoped yt to this honrd Court & Iury will appeare a multiplicacion of Errors att ye County Court the least of wch may bee Sufficient to reverse ye former Iudgement.

    Richd [torn]

    These Reasons were received August. 30o 1676

    per Jsa Addington Cler]

    Byfeild agt Wright

    Nathanael Byfeild plaint. agt William Wright junior Defendt in an action of the case for not performeing his the sd Wrights part of a bargain made wth the sd Byfeild for the Sale & deliury of two thirds of the Catch called the Tryall to his great damage & all other due damages according to attachmt Dat. February. 3d 1675. . . . The Jury . . . founde for the Defendt costs of Court being Four Shillings & Four pence.

    Wilkins agt Ballatt

    John Wilkins plaint. agt Samuel Ballatt Defendt in an action of the case for not building & delivering to the sd Wilkins a Sloope according to Covenant, whereby the saide Wilkins is damnified to the value of twenty pounds or thereabout according to attachmt Dat. February. 14o 1675. . . . The Jury . . . founde for the Defendt costs of Court.

    Cowell agt Pears

    Joseph Cowell or his lawfull Attourny plaint. agt Samuel Pears Settworke Cooper Defendt in an action of a debt of Seventy pounds lawfull mony of New-England due by bond bearing date the. 26th day of Novembr 1674. as under the abouesd Samuel Pears his hand & Seale may appeare, wth all due damages according to attachmt datd april: 15th 1676. . . . [368] The Jury . . . founde for the plaint. the Forfiture of the bond Seventy pounds in mony & costs of Court. The Defendant moved for a Chancery, upon wch the bench chancered the bond to the condition of the obligation being thirty Five pounds in mony & costs of Court twenty Five Shillings four pence

    Execucion issued April: 28o 1676.

    Phillips agt Smith

    Eleazer Phillips plaint. agt John Smith of Lyn Defendt in an action of debt of Six pounds in mony or thereabout due unto him the sd Phillips for Four pounds in mony, a musket, Sword & belt, powder bagg, powder & bullets, which hee received from him the sd Phillips about the month of October last, upon condition that hee would Serve him in the Service of the Country as a Soldier at Blackpoint; after the receipt of which hee never went forth, but absented himselfe from the sd Service whereby the sd Phillips is greatly damnified for want of his mony armes & ammunition & is also liable to bee impressed again wth other due damages according to attachmt Datd February. 8th 1675. . . . The Jury . . . founde for the plaint. Four pounds in mony & his armes or Six pounds in mony & costs of Court being twenty Six Shillings.

    Execucion issued may: 16. 1676.

    Gibbs agt Shore

    Benjamin Gibbs plaint. agt Samson Shore senior Defendt in an action of debt for witholding Seventy pounds ten Shillings & ten pence due by bond bearing date the .21o of May. 1675. Wth other due damages according to attachmt datd April: 18o 1676. . . . The Jury . . . founde for the plaint. the Forfiture of the bond being Seventy pounds ten Shillings & ten pence in mony & costs of Court. The Defendt appeald from this judgemt unto the next Court of Assistants & himselfe principall in £:140. Elisha Odlin & Samuel Hudson as Sureties in £:70. apeice bound themselues respectiuely in the Summes aforesd unto the Treasuror. . . on condicion the sd Shore shall prosecute his appeale . . .

    [Copy of attachment and return is in S. F 1437. For the appeal, see Records of Court of Assistants, i. 68.]

    Hawkins agt Sheafe

    Thomas Hawkins plaint. agt Sampson Sheafe Defendt in an action of the case for better Security for performance of a promiss & engagement made by the sd Sheafe to the sd Hawkins before sufficient witness both before & after the sd Hawkins Signed & Sealed a deed of Mortgage unto the saide Sheafe of his houseing & lands, the wch sd promiss was [369] that the sd Sheafe would take his just due & no more out of the purmisses & return the rest to the sd Tho: Hawkins with other due damages according to attachmt Datd April. 7th 1676. . . . The Jury . . . founde for the Defendt costs of Court being three Shillings & ten pence.

    [The beginning of this case may be found on p. 1, and the most recent developments on p. 564, above. See also below, p. 705.]

    Adams agt Bennet

    Samuel Adams plaint. agt John Bennet Defendt in an action of the case for the Summe of One hundred pounds mony being the Forfiture of a bond for not paying the Summe of thirty Four pounds ten Shillings according to the award & determination of three men mutually chosen between them wth all other just damages according to attachmt datd 29o Ist mo 76. . . . The Jury . . . founde for the plaint. the Forfiture of the bond One hundred pounds mony & costs of Court The Defendant appeald from this judgemt unto the next Court of Assistants & himselfe principall in £.200. & Wm Bartholmew & Experience Willis Sureties in £:100. apeice bound themselves respectiuely in the Summes aforesaide . . . on condition the sd John Bennet should prosecute his appeale . . .

    [Various papers of no great importance are in S. F. 1438; see Records of Court of Assistants, i. 69.]

    Wms agt Fogg etc.

    John Williams plaint. agt Ezekiel Fogg & Compa Defendts in an action of reveiw of a judgemt granted the sd Fogg & compa to the value of nine pounds Seventeen Shillings & five pence in mony for ballance of Accot it being aboue ten pounds to the damage of the plaint. besides other damages; which judgment was granted the sd Fogg & compa at a County Court held at Boston the. 25th day of January. 1675. & all other due damages according to attachmt datd March. 8th 1675/6. . . . The Jury . . . founde for the plaint. nine pounds Seventeen Shillings five pence in mony & costs of Court. The Defendant appealed from this judgemt unto the next Court of Assistants & himselfe principall in £.20: & Phillip Read & Tho: Cox Sureties in £.10. apeice bound themselues respectiuly in the Summes aforesd . . . on condicion the sd Ezekll Fogg should prosecute his appeale . . . [370]

    [A review of a case at the January session Cabove, pp. 656–61). Fogg appealed as follows (S. F. 1472.4):

    Phillip Read and Thomas Cox as suretyes For Ezekiell Fogg theyr Resons of Appeale on the behalfe of the said Fogg & Company from the Judgment of the Honnored County Court held in Boston the 25th of Aprill Last past in which was Judgment granted to John Williams plajnt Agaynst Ezekiell fogg & Company Defendants

    Imprmis Wheras the said Ezekiell Fogg & Company had a Judgment granted for Nine pownds seuentene shillings & fiue penc by the honnored County Court held in Boston the 25th of January Last past agaynst the said williams for a Debt Due by book and possitiuely proued as may appear by the Records of the said Court and therfore the Apelant takes it as a great Agriuement to be Cast by the witnis of John Geffard & mr Hudson Leueret at the next Court held in Aprill

    2dlly Wheras the two testimony of John Geffards & Mr Hudson Leueret are not any ways Circumstancl: as to our former acction or to Reuoke the former Judgment for John Geffords testimony stands on our behalfe in that he saith he herd Fogg say he had sould a parcell of goods to Frissill & williams which Justyfyes and Confirms our former Judgment in Jann Court

    Thirdly Wheras John Gefford and Mr Leueret testyfyes of a bill giuen by the said John williams vnto the said fogg yet in theyr testymonyes they Doe not agre Neyther Doe they Sweare that yt bill was giuen for the ballancing of that accompt sued for by the said fog Nor yet was the bill giuen for the Ballancin of all accompts as may appear by theyr Testymonyes and therfore we humbly Conceiue yt the Judgmen[t] that Ezekiell Fogg Recouered in Jann: Court Agaynst williams Remayns Just and Right still

    4thly Wheras the two witnisses pretend they herd fogg say he had a bill: which is Nothing but a heresay & not possitiuely therfore not witnis suffissiently to Diuert the former acction besides the testimony of John Geffard Doth more Confirme the Justness of our former acction for wheras he saves there was a bill but it would not answer fogs ends which argues the bill was not suffissient if any such bill weare

    5thly Wheras the said Geffards testimoni Doth appeare out of mear selfe ends & mallis because the said fogg had Recceued the said mony of Williams and he Could not get a part of it in pretenc yt he had a Rite vnto it or els why should he offer to Discharg Williams for fower pownds

    6thly If any such bill had bin or Could be Legally proued the said williams had his way by Law to Recouer the same if on the payment of his Due Debt Recouered he Receued not a Discharg for the same wherfore by all these Resons we Humbly Conseue our former acction gayned in January Court stands good

    Phillip Read

    Thomas Cox

    These Reasons were received August: 30th 1676.

    per Isa Addington Cler

    To this Williams replied as follows (S. F. 1272.2):

    Nathll Williams Attorney to John Williams his Ansuer to the Reasons of Appeale given in to this Hond Court of Assistants, in the behalfe of & Suretyes for Ezekiell Fogg, by Philip Reed & Tho Cox &c

    Inprimis. To the first Reason I answer, yt the Testimonyes of Mr Hudson Leverett, & Mr Jno Giffard being duely Considered, the now Defendt would have had greater Cause of aggreivent, if their Evidences soe positively proving a Bill, given by ye Defendt & Tho: Frizzell unto Fogg the now Plantiffe, & yt Bill to be the ballance of Accots betweene them; showld not reverse the Judgt of the Hond County Court held in January Last past, then the Plantiffe hath of being aggreived for being Cast by the positive testimony of two substantiall Wittnesses whereas the Judgt of the Court in January (as I humbly Conceive) was only grounded on Foggs Single Evidence to his owne Accot not agreeing wch his Accot given in & Sworne to before the worshipfull Simon Bradstreet Esqr both by sd Fogg & William Grice. as per ye sd Accot in Last article of the Same but one may appeare, For there it is said the Glasses were dd to Frizzell, & at that time the now Defdt was at N. Yorke wch was allso after the Ballance was made up, & a Bill given for the Same. & In January Court the Defdt was Visited wth a fitt of Sicknesse, & Soe was inforced to reveiw his action to the next County Court in Aprill, not being able in January Court to be personally present to defend his Case —

    2ly To the 2d R: I answer that the Evidences of mr Leverett & mr Giffard are Every way Circumstanct to the former action for the revocation of the Judgt of January Court For though Giffard Swares yt Fogg sould a parsell of goods yet take all his Evidence, that the Bill given to Fogg was for the Ballance of Accots it planely appearing yt Wms & [Frizzell] had given their Bill in Ballance they Could not be Sued upon Accot wch Justifyes & Confirmes the Judgt of January Court.

    3ly As to ye 3d Reason I referr it to the Consideration of this Hond Court & Jury how fair the testimonies of Mr Levert & Mr Giffard doe agree: Giffard Swares yt it was for the ballance of Accots betweene them now; there was never any Accot pretended to or Sued for by sd Fogg; but that Accot for the summ & Substance of it, wch was Sued upon in January Court & sworne to by sd Fogg & Grice, as is alledged in my ansuer to his first reason; If there Ever was any other Accot bet the Plantiffe & Deft. Let the plantiffe produce the Same, else of necessity it must be for ballance of yt Account

    4ly I ansuer to ye 4th Reason yt Whereas they Say that ye witt[nesses] pretend they heard Fogg say &c: is as much as if they should have said that the wittnesses swore to pretensions: wch [is] an Odium Cast upon the wittnesses; whereas on the Contrary one of them positively Swares, that he had heard Fogg often say that he had taken a Bill under Wms his hand for ballance of accots between him & Frizzuell: & the other swares yt Fogg shewed him the Bill: as per their Evidences may more fully appear. The Plantiffe (I conceive) will hardly finde any Evidence that will prove ye Justnesse of soe fraudulent an action as that was in January Court, had Fogg produced the Bill or Sued by ye Bill he could have recovered of Williams but his proportion of the ballance they being not bound Jointly & Severally; & that was the Reason why Fogg tould Jeffords it would not ansuer his End to Sue by Bill but upon Accot.

    5. The Fifth Reason is only a Charging of mr Geffard wth swaring for Selfe Ends & mallice, wch Concernes sd Giffard more then the Defdt or the Case

    6ly To the sixth I answer that such a Bill hath bin Legally proved to be in the hands of Fogg & detained by him, & would have bin sued upon had it bin sufficient to have reacht his Ends, therefore that being proved, Fogg had no cause of action to sue the Defdt upon Accot. a discharge from the Bill would not be any advantage to the Defdt because another is Concerned Conjunctly wth himselfe. Wherefore the Defdt humbly Conceives & hopes that it will plainly appeare to this Hond Court & Jury, that the Reversion of the Judg[t] of the Hond County Court held in January, graunted to ye Defdt att the next County Court in Aprill is good & Legall, & yt this Hond Court & Jury will give ther Confermation of the same

    Your Hono’rs humble Servt

    Nathll Williams

    The Court of Assistants (Records, i. 68) confirmed the former judgment. See also Fogg v. Leverett, p. 689, below.]

    Way agt Williams

    Livt Richd Way Attourny unto mrs Elizabeth Freake Admt unto the Estate of mr John Freake plaint. agt John Williams of Boston Boateman Defendt in an action of the case for the earnings of a Boate wch the sd Wms hath imploied about Four yeares, the one halfe thereof belongs to the sd Freake & what shall appeare to bee justly due upon the sd Account which conceive may bee about thirty pounds in mony & all other due damages according to attachmt datd April: 17o 1676. . . . The Jury . . . founde for the plaint. that the sd Wms shall give in a just & true Accot of the earnings of the boate for so long time as hee hath imploied her within thirty dayes or pay to the plaint. twenty Four pounds in mony & costs of Court being thirty one Shilling & eight pence & so to have the boate.

    Way agt Williams

    Livt Richd Way Attourny unto mrs Elizabeth Freake Admx unto the Estate of mr John Freake decd plaint. agt John Williams of Boston Boateman Defendt in an action of debt for witholding nineteen pounds eleven Shillings & ten pence as appeares by Note under his hand & Booke wth forbearance & other due damages according to attachmt datd April: 17o 1676. . . . The Jury . . . founde for the plaint. due by note according to attachmt Nineteen pounds eleven Shillings ten pence & costs of Court being twenty three Shillings & eight pence.

    Trumbel agt Lynde

    John Trumbel Junior plaint. agt Simon Lynde of Boston Mercht Defendt according to attachmt datd February 19o 1675. The plaint. withdrew his action.

    Holmes etc. agt Butler

    Samuel Holmes & Jsaac White or either of them plaints agt Steven Butler Defendt in an action of the case for witholding of a debt of Fiveteen pounds ten Shillings due for worke done according to Covenant between them with interest & all other due damages according to attachmt dat. 18. 2. 1676. . . . The Jury . . . founde for the plaints Fiveteen pounds ten Shillings mony according to bargain & costs of Court being thirty four Shillings & eight pence.

    Execucion issued April: 28o 1676.   [371]

    Tay agt Hawkins

    John Tay plaint. agt William Hawkins Defendt in an action of defamation for that Hanna Hawkins wife of the sd William Hawkins hath defamed Elizabeth wife of the sd John Tay in her name by reporting that the sd Elizabeth Tay did steale a card of bonelace at a warehouse or words to that effect whereby they are greatly damnified & other due damages according to attachmt datd March: 21o 1675. . . . The Jury . . . found for the Defendt costs of Court.

    Cleare agt Paine

    John Cleare junior plaint. agt Moses Paine Senior Defendt in an action of the case for witholding of a legacie given to Elizabeth the now wife of the sd Cleare per her GrandFather the late Revd mr Wm Coleborn decd greatly to the damage of the sd Cleare with all other due damages according to attachmt Datd 19o 2mo 1676. . . . The Jury . . . founde for the Defendt costs of Court.

    Halgeson agt Paine

    Jngeman Halgeson plaint. agt Moses Paine Senior Defendt according to attachmt dat. 19o 2mo 1676. The plaint. withdrew his accion.

    Fogg agt Leverett

    Ezekiel Fogg plaint. agt Hudson Leverett Defendt in an action of defamation for slandering & defaming the name of the sd Fogg, by wrongfully & unjustly chargeing him the saide Fogg to bee a traytor to the Country & that hee would clap the sd Fogg a close prisonr with many other threatning words & Language to the great defamation of the sd Fogg as will appeare by sufficient evidence & is in the valuation of credit & Forreign repute to the plaints damage Five hundred pounds as abouesd wth all other due damages according to attachmt dat. April: 7o 1676. . . . The Jury . . . founde for the Defendt costs of Court being twelve Shillings & two pence.

    Execucion issued May: 17o 1676.

    Rogers agt Rowste

    Richd Rogers plaint. agt William Rowste goldSmith Defendt in an action of debt of Four pounds in mony due to the sd Rogers for two ounces & three quarters of bad gold sold & deliurd by the aforesd Rogers unto the abouesd Rowste in & upon the .14th day of this instant month of April; wch is to [372] the plaints damage Four pounds in mony wth all other due damages according to attachmt datd April. 15th 1676. . . . The Jury . . . founde for the plaint. Fifty Shillings in mony according to Agreement & costs of Court being Eighteen Shillings ten pence.

    Execucion issued April. 28o 1676.

    Clarke agt Hands

    Thomas Clarke Esqr plaint. agt the goods of John Hands Execr unto Marke Hands, now in the hands of mr Thomas Brattle & Peter Bracket guardians unto the sd Jno Hands Defendt according to attachmt datd 17o 2d 1676. The plaint. withdrew his accion.

    Frankes agt Smith

    John Frankes plaint. agt Richd Smith Defendt in an accion of the case for his fraudulently dealing in the Sale of Margaret Cox to sd Frankes in May last for to bee saide Franks his Servt when sd Smith or his wife were very suspitious that Shee the sd Margaret Cox was wth childe by reason of having sd Margarets breast searched in the time of her Service wth sd Smith & therefore sd Smith could not thinke her fit for such imploiment as sd Smith did sell her for so that the plaint. is damnified to the value of Fifteen pounds in mony or thereabouts besides the disgrace suffered in his house & Family & all other due damages according to attachmt datd April: 18th 1676. . . . The Jury . . . found for the Defendt costs of Court, being Fourteen Shillings & Four pence.

    Warren agt Skinner

    Humphry Warren plaint. agt Edwd Skinner Defendt The plaint. withdrew his accion.

    Smith agt Meares

    John Smith Merchant plaint. agt James Meares Defendt in an action of the case for witholding a debt of twenty Four pounds in mony due by bill bearing date the .29th of 8br 75. with all other due damages according to attachmt Dat. Febro 19o 1675. . . . The Jury . . . founde for the plaint. according to bill twenty Four pounds mony & costs of Court being twenty nine Shillings Six pence.   [373]

    Hayden agt Select men of Milton

    Ebenezer Hayden Living in Boston plaint. upon replevin agt the Select men of Milton Defendts. . . . The Jury . . . founde for the Defendts costs of Court, being nine Shillings & ten pence.

    DISPAWS agt GIFFARD

    Henry Dispaw Senior & Henry Dispaw junior or either of them plaints agt John Giffard Defendt in an action of reveiw of a judgement granted against them or either of them at a County Court held at Boston (by adjournmt of the Generall Court) Novembr 23o 1675. . . . The Jury . . . founde for the Defendt costs of Court being twenty Four Shillings & ten pence.

    Execucion issued May. 1676.

    [A copy is in S. F. 1576.]

    Procter agt Glover

    Samuel Procter plaint. agt John Glover Defendt The plaint. withdrew his accion.

    Briggs agt Giffard

    Abraham Briggs plaint. agt John Giffard Defendt in an action of debt of twenty one pounds or thereabouts due by Booke as may more fully appeare with all other due damages according to attachmt dat. February. 22o 1675. . . . The Jury . . . founde for the plaint. Nineteen pounds & seven pence the ballance of the Acco & costs of Court being twenty Six Shillings & two pence. The Defendt appealed from this judgement unto the next Court of Assistants & himselfe principall in £40. & Hudson Leverett & Nathanll Williams Sureties in £.20. [a]peice acknowledged themselves respectiuely bound . . . on condition the sd. John Giffard should prosecute his appeale . . .

    [Two bills of cost are in S. F. 1482.2, 3; the confirmation by the Court of Assistants is in its printed Records, i. 65–6. Gifford’s Reasons of Appeal (S. F. 1482.4) follow:

    John Giffard his Grounds And Reasons of Appeale from the Countye Court of Boston in aprill last in that Action of mr Abraham Brig[gs] plt and John Giffard Deft to this honored Court of Assistance setting in Boston:

    That whereas Mr Abraham Briggs Commenst his action in Law against the then def Giffard for twentye pou[nds] that he should haue delivered the Sayd Giffard. The Now plt Giffard apprehending that the iurye did not Soe fully vnderstand his plees then made gaue occasion for his appeale to this honored Court, viz

    Imprs The law provideing that any debt due by bill assigned, shalbe as good a debt and Estate to the assigne as it was to the assigner. and lawful to be sued for and recovered as fully as the orriginall Creditor might haue done.

    By which law the sayd Giffard apprehends himse[lf] cleared fr [torn] manded by [torn] Briggs. Because that the sayd Briggs desired, that for his pay the Sayd Giffard would assigne ouer vnto him a bill of sixteene pound reddy Cash and another bill of fortye foure pounds odd money, which the Sayd Giffard did the Sayd Briggs to retume the ouer plus, all which lyes at this instant of time in the hands of the Sayd Briggs and the sayd Giffard dissposest there of, wherefore Giffard apprehends himselfe vniustly molested by the sd Briggs when he hath abundantly more made ouer to him for his pay then hia debt comes vnto.

    Secondly. That mr Abraham Briggs haueing sued by vertue of my assignement that bill of Sixteene pounds. And in law hath recovered Twelue pounds odd moneyes. As by the iuryes verdit appeares. yet he in his account brought into Court omitts the giueing of Giffard his due Credit for it And may be Supposed to be an ouer sight of the iurye, in that they did not deduct it out of Briggs his account to lessen Giffards charge.

    Thirdly. That for the bill assigned him of fortye foure pounds odd money. Mr Briggs had the prissnor vnder exsecution delivered him, as well as the bill assigned him whereby he might haue receaued full satisfaction (if he did not yet satisfaction was tendred him by the prissnor as was testifyed by Thomas Matson prisson keeper in Court

    fourthly. That at time the Debtor was vnder exsecution and mr Briggs did take the sayd prissnor to be his proper estate of goods or Moneys and that to make satisfaction to him for the aforesayd Sum of fortye foure pounds odd moneys. And that Giffard had noe more any thing to doe with him or the debt. And there vpon Chargd the Sayd prisson keeper with him and had bond from the Sayd Matson to the vallue of one hundred pounds for his true keeping of him, which bond the Sayd mr Abraham Briggs sued the Sayd Matson for. at the last County Court in Boston.

    By all which aforesayd, the p[lt] Giffard hopes that it will evidently appeare to this honored Court that as [from] Giffard [torn] Briggs is payd and ouer payd and that the account being [torn] [there is Money] Comeing to the Sayd Giffard from the Sayd Briggs.

    John Giffard

    August: 29th. 76

    These Reasons were received August. 31th 1676.

    per Jsa Addington Cler]

    Smith agt Broomhall

    Edward Smith for himselfe & his wife plaint. agt Ann Broomhall widdow Defendt in an action of Slander to the value of One hundred pounds & all due damages according to attachmt Dat. April: 3d 1676. . . . [374] The Jury . . . founde for the Defendt costs of Court being Five Shillings.

    Stoughton agt Wells

    William Stoughton Esqr plaint. agt Thomas Wells Carpenter Defendt for his not paying a yeare & halfes rent ending about the 23d of January last due for a tenement in Boston hired of sd Stoughton at the rate of Five pounds per annum in mony with all due damages according to attachmt dat. Febr 12o 1675. The Defendt & his Surety James Pecker being both called made default in appearance; whereupon the Court declared theire bond forfitd. . . . The Jury . . . founde for the plaint. Seven pounds ten Shillings mony according to engagement & costs of Court being twenty two Shillings & eight pence.

    Execucion issued Octobr 9th 1676.

    Tyng agt Cooke

    Edward Tyng Esqr Treasuror of the County of Suffolke plaint. agt Francis Cooke Defendt by continuance from the Last County Court in Boston in an action of the case for the Forfiture of a bond of ten pounds in mony as hee was Surety for the appearance of Charles Blinco at the last County Court in Boston with all due damages according to attachmt Dat. pro xbr 1675. . . . The Jury . . . founde for the plaint. the Forfiture of the bond ten pounds in mony & costs of Court.

    Middlecott and English Fined 20s

    Mr Richard Middlecott & James English were Fined ten Shillings apiece in mony to the County for not attending to Serve on the Jury of tryalls according to Summons.

    Duglen his guardian

    James Duglen appeared in Court & made choise of his Father Allister Duglen to bee his guardian for a Legacy given him by his Uncle allin Duglen which hee accepted & the Court approved of hee giving Security according to Law.

    Adams his Estate Setled

    For the Setlement of the Estate of the Late Livt Henry Adams of Meadfeilde decd hee Leaving behinde him seven Children, the eldest Sonn named Eleazer appearing at the time hereof & renounceing any claime [375] to the Estate as having received his portion already, the debts due from the Estate being first paide The Court Orders the remainder to bee equally divided amongst the other Six Children; onely Elizabeth Harding one of his daughters to discount out of her part thereof what Shee hath already received from her Father.

    vide. Childrens agreemt of the division Recordd in the 12th Booke of Records of Deeds p. 334.

    Adams’s Guardian

    Samuel Adams Sonn of the late Lt Henry Adams of Meadfeilde decd appeared in Court & made choise of mr Moses Paine of Boston to bee his Guardian which hee accepted & the Court approved of hee giving in bond according to Law.

    Adams’s guardian

    Henry Adams Sonn of the Late Lt Henry Adams appeared in Court & made choise of mr Moses Paine of Boston to bee his Guardian which hee accepted & the Court approved of hee giving in bond according to Law.

    Freemen Sworn

    John Dyer of Weymo Benjn Dyer, Jonathan Jackson John Atwood & John Tucker all of Boston tooke the Oath of Freedom of this Colony.

    Lakes discharge from traynings

    Thomas Lake of Dorchester by reason of his age & Lowness in his Estate is freely discharged from attending upon ordinary traynings.

    Weymo Commissionrs

    Captn William Torrey, Deacon Thomas Dyer & Lt John Holbrooke are appointed Commissionrs to end small causes in the Town of Waymoth for the yeare ensuing.

    The Grandjury brought in theire bill of presentments April: 25o 1676. & were dischardged.

    Order to Arthur Mason to pay £50. to the Deacons of the. 1o church in Boston for Ephraim Popes wife.

    Whereas Ephraim Pope of Boston hath for this many yeares omitted his duty in taking care of & making due provision for his wife; so that Shee had necessarily been exposed unto great wants if not to perishing, had not Shee been provided for by the Deacons of the first church in Boston (whereof Shee is a member) the sd church having disbursed a considerable Summe of mony for her maintenan[c]e; and the sd Ephraim Pope having now made Sale of his Estate in house & Land unto mr Arthur Mason. The Court Orders the sd Arthur Mason to pay Fifty pounds in mony in part of his sd purchase unto the Deacons of the first church in Boston to bee by them improved for the maintenance of the sd Popes wife, they to bee accountable for the same to the County Court when they shall call to them for the disposall thereof; and that James Everill & [376] Joseph Belknap who as Agents for the sd Pope made Sale of the Land & manage his buisness do deliver up mr Mason one of his bonds for the like value, or give him a sufficient discharge upon his paying the same.

    Newcomb Sentencd

    Andrew Newcomb being bound over to this Court & called for to answer for his wilfull or careless running upon a small boate (with his Shallop) wherein were severall worthy Gentlemen, & sincking the sd Boate, thereby hazarding the Lives of the sd persons & exposeing them to Losses, this done in the harbour of Boston on the 7th of this instant April The Court having heard & considered what was alleaged & proved against him do Sentence the sd Newcomb to pay Five pounds in mony as a fine to the County & ten pounds in mony to the persons that sustained Losses by his over running the boate & Fees of Court, standing committed untill this Sentence bee performed the sd Andrew Newcomb appealed from the Sentence of this Court unto the next Court of Assistants & himselfe principall in Forty pounds mony & Francis Johnson & Tho: Dewer as Sureties in £.20. apeice mony bound themselves to . . . prosecute his appeale . . .

    [On April 2, 1676, Daniel Gookin, the superintendent of praying Indians, and two magistrates were sent by the government to Long Island in Boston Harbor on a mission connected with the Indian converts interned there during King Philip’s War. Popular opinion then ran high against Gookin for befriending and protecting these wretched creatures. They took the “Apostle” Eliot in the boat with them. As he tells the story in the records of his church,

    In or way thither, a great boat of about 14 ton, meeting us, turned head upon us, (whethr willfully or by negligent:, God he knoweth) yei run the sterne of or boate wr we 4 sat, under-water, or boats saile, or something tangled wth the great boat, & by Gods mercy kept to it, my Cosin Jakob & cosin Perrie being forwarder in or boat quickly got up into the great boat, I so sunke yt I drank in salt water twice, & could not help it. God assisted my two cosins to deliver us all, & help us up into the great boat we were not far fro’ the Castle, where we went ashore, dryed, & refreshed, & yn went to the Hand performed or work, returned well home at night praised be the Lord, some thanked God, & some wished we had bene drowned. Soome after, one yt wished we had bene drowned, was himselfe drowned about the same place wr we wr so wonderfully delivered. . . . (New England Historical & Genealogical Register, xxxiii. 297–8).

    S. F. 1468

    Andrew Neucombe his Reasons of Apeale from the Sentanc[e] of the Countie Court held in Boston Aprill the 25th 1676

    Jmprs Because the matter of fact of wch J am accused is not proued againste me the fact J am accused of is for willfully or Carelesl[y] Runinge vppon a small boat wth my shallop &c; Jn Captains Gookins Testimony the words are wheather Carelesly or purposlie questioninge wheather it was; eather as well he might if it had bine aded or Accedentually it Could not haue bine denied but J doe Sollomly denie that J eather Carelesly or purposlie Runn vppon their boat & his nor the other Testimonies doth not affirme that J did, J did vse the beste meanes J could to shune their boat & when they Called to me J Jndevered to bare vpp but the tide tooke my boat vnder the quarter & hindred her from wareinge they say their small boat would not bare vpp, shee would not feele her helme. truly noe more would mine soe that it was a meer Accedentall & Causuall thinge wch if both parties had knowne eather others minds might by orderinge their Corses haue prevented, but as it was it was like two persons walkinge or meetinge one an other in a broad street & by indeueringe to shune one another runn againste each other as is very vsuall

    2ly Againe J humbly Conseaue that J am not Legallie Convicted of the breach of any law, (J craue the benifitt of the first law) and Consequently not Culpable of such fines as J am sentanced vnto and heer J would not be vnderstood to reflect vpon the honored Countie Court that sentanced me as if the sentance was vniust but this J must affirme that their was a misse representation of the Casse vnto them as if J ware eather Carelesse of mens Liues in generall or had some pretended mallis againste those Gentellmen in particuler wch J thanke god J cann safely afirme J not giltie of eather for the firste J cann say J tender the life of all men & would at all times doe what lieth in my power for the preservation theirof, & as conserninge those Gentlemen that was in the boat J doe Affurme that J knew them not till they ware one board me, 2ly that J had nor haue not any euell will againste any one of them but did & doe loue & honour them accordinge as in dutie J am bound both respectinge their persons And places

    3ly had J Carlesly donn this thinge or willfully J did not nor is proued againste me, yet J haue Juste Cause to appeale because J apprehend the the damidge they sustained is ouer vallued The testimonies of the Gentlemen Relating to the prises of their things loste are noe Legall euedence in my Apprehention They sware in their owne Casse

    They are aprisers of their one goods

    By what is said J hope my Casse will be Rightly vnderstood by this Honored Court & Juery

    That J neather willfully nor Carlesly runn a board them but a meer Accident

    2ly That J haue broke noe Law

    3ly That Jf J had broke any law yet the punishmte is greater then the fact the goods ouer vallewed & Jlegaley vallewed by the owners

    J Refere my Casse to the Honored Court and Jury in hops of a good Jshew and Rest

    The Honoured Courts & Jurys humble Sarvant

    Andrew Newcombe

    These Reasons were received August: 31o: 1676.

    as attests Jsa Addington Cler

    The Court of Assistants (i. 64) confirmed the former judgment with costs. At the April session, 1677, Newcomb sued James Wardell, his mate in the boat, for one third of the fine; see below, p. 800.]

    Jay Sentencd

    Thomas Jay being presented to this Court by the Grandjury for Lascivious carriages towards some young persons of the Female kinde The Court having heard & considered of what was alleaged & proved against him therein do Sentence him to pay twenty Shillings in mony as a fine to the County, to bee paide by thursday the. 11th of this instant May, or that then hee stand upon a block or stoole in the market place in Boston with a paper upon his breast written in a Large character for Lascivious Carriages towards young women, & to pay charges of prosecution. & fees of Court Standing committd untill the Sentence bee performed.

    Kingman Sentencd

    Edward Kingman of Weymouth presentd to this Court by the Grandjury for drunkenness; which hee acknowledged; The Court Sentencd him to pay ten Shillings in mony as a fine to the County and Fees of Court standing committd untill this Sentence bee performd

    Chelson Sentencd

    Mary Chelson being imprisoned & called before the Court to answer for her committing of Fornication [377] & having a bastard Childe; which Shee owned in Court and charged Steven Jenkins of piscataqua to bee the Father of it. The Court Sentenced her to bee whip’t with Fifteen Stripes & to pay Fees of Court & prison standing committed untill this Sentence bee performed.

    Gross Sentencd

    Jsaac Gross being imprisoned & called before the Court to answer for his committing Fornication with Esther Nichols & other misdemeanors which hee acknowledged in Court: The Court Sentenced him to bee whip’t with twenty Stripes or to pay Five pounds in mony fine to the County & Fees of Court & prison standing committed untill this Sentence bee performd

    Hemenway presentd

    Ruth Hemenway presentd for exceeding her ranke in her apparrell etc. The presentment not being proved fell.

    [Boston Licences]

    Mr John Viall upon certificate from the Select men of Boston had his Licence renewed to keepe a house of publique entertainmt to sell wine & beere by retaile for the yeare ensuing; who gave in bond with Sureties for his observance of the Laws respecting Jnn keepers & that hee should not sell Sider for more then two pence a quart.

    Thomas Sexton upon like certificate had his Licence renewed to keepe a house of publique entertainmt to Sell beere & Sider by retaile for the yeare ensuing, who gave in bond with Sureties for his observance & performance as abouesd

    Serjt Samll Norden upon like certificate had his Licence renewed to keepe a house of publique entertainmt & to Sell beere & Sider by retaile for the yeare ensuing; who gave in bond wth Sureties for his observance of the Laws respecting Jn keepers & that hee should not Sell Sider for more then two pence a quart.

    Capt Wm Wright upon like certificate had his Licence renewed to keepe a house of publique entertainment, & to Sell wine beere & Sider by retaile for the yeare ensuing; who gave in bond with Sureties for his observance of the Laws respecting Jnkeepers & that hee should not sell Sider for more then two pence a quart.

    Francis Hudson upon like certificate had his Licence renewed to keepe a house of publique entertainment & to Sell beere & Sider by retaile for the yeare ensuing, who gave in bond with Sureties for his observance of the Laws respecting Jnkeepers & that hee should not Sell Sider for more then two pence a quart.

    Clement Gross upon like certificate had his Licence renewed to keepe a house of publique entertainment & to Sell beere & Sider. by retaile for the yeare ensuing, who gave in bond with Sureties for his observance of the Laws [378] respecting Jn keepers, & that hee should not sell Sider for more then two pence a quart.

    William Norton upon like certificate had his Licence renewed to keepe a house of publique entertainment & to Sell beere & Sider. by retaile for the yeare ensuing, who gave in bond with Sureties for his observance of the Laws respecting Jnkeepers & that hee should not sell Sider for more then two pence a quart.

    Benjamin Phippany upon like certificate had his Licence renewed to keepe a Cookes Shop & to sell beere & Sider by retaile for the yeare ensuing; who gave in bond wth Sureties for his observance of the laws respecting Jnkeepers & that hee should not sell Sider for more then two pence a quart.

    John Frankes upon like certificate had his Licence renewed to keepe a house of publique entertainmt & to sell beere & Sider by retaile for the yeare ensuing, who gave in bond wth Sureties for his observance of the Laws respecting Jnkeepers & that hee should not sell Sider for more then two pence a quart.

    William Pollard upon like certificate had his Licence renewed to keepe a house of publique entertainment & to sell beere & Sider by retaile for the yeare ensuing; who gave in bond with Sureties for his observance of the laws respecting Jnkeepers, & that hee should not sell Sider for more then two pence a quart.

    Nathanael Bishop upon like certificate had his Licence renewed to keepe a house of publique entertainment & to Sell beere & Sider by retaile for the yeare ensuing who gave in bond with Sureties for his observance of the Laws respecting Jnkeepers & that hee should not sell Sider for more then two pence a quart.

    John Turner upon like certificate had his Licence renewed to keepe a house of publique entertainment & to Sell wine beere & Sider by retaile for the yeare ensuing, who gave in bond with Sureties for his observance of the laws respecting Jnkeepers & that hee should not sell Sider for more then two pence a quart.

    Robert Cox upon like certificate had his Licence renewed to keepe a house of publique entertainment & to sell beere & Sider by retaile for the yeare ensuing, who gave in bond with Sureties for his observance of the laws respecting Jnkeepers & that hee should not sell Sider for more then two pence a quart.

    Constance mattox upon like certificate had her licence renewed to keepe a Cookes Shop & to sell beere & Sider by retaile for the yeare ensuing & her husband Samll mattox [379] gave in bond with Sureties for her observance of the laws respecting Jnkeepers & that Shee should not sell Sider for more then two pence a quart.

    Rebecca Winsor upon certificate from the Select men of Boston had her Licence renewed to keepe a Cookes Shop & to sell beere & Sider by retaile for the yeare ensuing & gave in bond by Sureties for her observance of the Laws respecting Jnkeepers & that Shee should not sell Sider for more then two pence a quart.

    William Kent upon like certificate had his Licence renewed to keepe a Cookes Shop & to sell wine beere & Sider by retaile for the yeare ensuing, who gave in bond with Sureties for his observance of the Laws respecting Jnkeepers & that hee should not sell Sider for more then two pence a quart.

    John Keene upon like certificate had his Licence renewed to keepe a Cookes Shop & to sell wine beere & Sider by retaile for the yeare ensuing, who gave in bond with Sureties for his observance of the laws respecting Jnkeepers & that hee should not sell Sider for more then two pence a quart.

    Lt John Smith of winnisimmet upon like Certificate had his licence renewed to keepe a house of publique entertainment & to sell wine beere & Sider by retaile for the yeare ensuing; who gave in bond wth Sureties for his observance of the laws respecting Jnkeepers & that hee should not Sell Sider for more then two pence a quart.

    Thomas Matson prison keeper upon like certificate had his licence renewed to sell beere by retaile in the prison for the yeare ensuing; who gave in bond wth Sureties for his observance of the Laws respecting Jnkeepers.

    Widdow Wardall upon like certificate had her licence renewed to keepe a house of publique entertainmt & to sell beere & Sider by retaile for the yeare ensuing, and her Sonn Seth Perry gave in bond with Sureties for her observance of the Laws respecting Jnkeepers & that Shee should not sell Sider for more then two pence a quart. [380]

    [Licences in other towns]

    Elizabeth George, upon certificate from the Selectmen of Dorchester had her licence renewed to keepe a house of publique Entertainmt & to Sell wine beere & Sider by retaile for the yeare ensuing; who gave in bond with Sureties for her observance of the Laws respecting Jnkeepers & that Shee should not sell Sider for more then two pence a quart.

    Joshua Fisher upon certificate from the Select men of Dedham had his licence renewed to keepe a house of publique Entertainment & to sell wine beere & Sider by retaile for the yeare ensuing; who gave in bond with Sureties for his observance of the laws respecting Jnkeepers & that hee should not sell Sider for more then two pence a quart.

    Lt Samll Ruggles upon certificate from the Select men of Roxberry had his licence renewed to keepe a house of publique entertainmt & to sell wine beere & Sider by retaile for the yeare ensuing; who gave in bond with Sureties for his observance of the laws respecting Jnkeepers & that hee should not sell Sider for more then two pence a quart.

    Nathanael Beale upon certificate from the Select men of Hingham had his licence renewed to keepe a house of publique entertainmt & to sell wine beere & Sider by retaile for the yeare ensuing who gave in bond with Surety for his observance of the laws respecting Jnkeepers & that hee should not Sell Sider for more then two pence a quart.

    Nathan Bradley upon like certificate from the Select men of Dorchester had his licence renewed to retaile Sider for the yeare ensuing, who gave in bond with a Surety for his observance of the Laws & that hee should not sell Sider for more then two pence per quart.   [381]

    Benjamin Brisco upon his petition had licence granted him to retaile strong waters by small quantities for the yeare ensuing; who gave in bond with Sureties for his observance of the laws respecting retailers of strong waters & that hee should not sell any to the Jnhabitants of the Town to drinke it in his house.

    William Tay upon his petition had licence granted him to distill & retaile strong waters by small quantities for the yeare ensuing; who gave in bond wth Sureties for his observance of the laws respecting distilling & retailing of strong waters & that hee should not sell any to the Inhabitants of the Town to drinke it in his house.

    mr Samuel Brackenbury upon his petition had licence granted him to distill & retaile strong waters by small quantities for the yeare ensuing; who gave in bond wth Sureties for his observance of the Laws respecting distilling & retailing of strong waters & that hee should not sell any to the Inhabitants of the Town to drinke it in his house

    Ann puglice upon her request had her licence renewed to distil & retail strong waters by small quantities for the yeare ensuing; who gave in bond by Sureties that shee should observe the Laws respecting distillers and retailers of strong waters & that Shee should not sell any to the Inhabitants of the Town to drinke it in her house.

    Thomas Smith upon his petition had his Licence renewed to distil & retaile strong waters by small quantities for the yeare ensuing; who gave in bond with Sureties for his observance of the Laws respecting distillers & retailers of strong waters & that hee should not sell any to the Inhabitants of the Town to drinke it in his house.

    Joseph How upon his petition had his licence renewed to retaile strong waters by small quantities for the yeare ensuing; who gave in bond with Sureties for his observance of the laws respecting Retailers of strong waters & that hee should not sell any to the Inhabitants of the Town to drinke it in the house.

    John Sweete upon his request had his licence renewed for the yeare ensuing to retaile strong waters by small quantities as formerly for the Supply of Fishermen and Seamen.

    This Court dissolved pro May. 1676.   [382]

    Wing to Sheafe

    John Wing personally appeared before the worppll Iohn Pynchon & Edwd Tyng Esqrs Assists pro May. 1676. & confessed judgement against himselfe & Estate unto Sampson Sheafe or his lawfull Attourny for ninety pounds good & lawfull mony of New-England according to bond on file. datd February. 18o [email protected]

    as attests. Jsa Addington Cler

    Execution issued 27o Decembr 1677.

    BINGLEY to SHEAFE

    Thomas Bingley personally appeared before the worppll John Pynchon & Edwd Tyng Esqrs Assists pro May. 1676. & confessed judgement agt himselfe & Estate unto Sampson Sheafe or his lawfull Attourny for Seventy Four pounds three Shillings & two pence in mony according to Accot on file underwritt by sd Bingley. datd 7th Xbr 1675 @

    as attests. Jsa Addington Cler

    Execution issued 5o febr 1680.

    Boston. June. 5th 1676 @

    Davenport Clerke of the Writts

    mr John Davenport is authorized & impoured by the Magistrates of the County Court of Suffolke (at pursent) to officiate as Clerke of the writts in the Town of Boston.

    as attests. Jsa Addington Cler

    Boston. June. 22o 1676. @

    Broughton to Graves

    mr Thomas Broughton personally appeared before the worppll Samuel Symonds Esqr Dept Govr & Joseph Dudley Esqr Assist. & confessed judgement agt himselfe & Estate unto John Graves for thirty pounds in New-England goods as cattle & other pay at mony price being in full of a bill of Exchange drawn upon him the sd Thomas Broughton by Samuel Hall. datd July. pro 1673. and accepted by sd Broughton; which bill is on file.

    as attests. Jsa Addington Cler

    Execution issued Augo 15o 1676.

    Symonds to Nott

    Harlackenden Symonds personally appeared before Thomas Clarke & Joseph Dudley Esqrs Assists July. 24o 1676. & confessed judgemt against himselfe & Estate unto Captn William Nott for Four pounds in mony. of New-England

    as attests. Jsa Addington Cler

    Execucion issued 7br 29o 1676 [383]

    Peacock to Robbinson

    Samuel Peacock personally appeared before John Pynchon and Edwd Tyng Esqrs Assists July. 24o 1676. & confessed Judgement against himselfe & Estate for Eighteen pounds in mony unto Thomas Robbinson according to bill on file datd april: 18o 1675.

    as attests. Jsa Addington Cler

    Execucion issued Janry 24o 1676/7.   [384]