At A County Court held at Boston. October. 31o 1676. @

    Present

    • Jno Leverett Esqr Govr
    • Edwd Tyng Esqr
    • Simon Bradstreet Esqr
    • Thos Clarke Esqr
    • Joseph Dudley Esqr

    Grandjury the same as at the former Court.

    Jury of Tryalls Sworn

    • Lt John Smith
    • Jno Gravener
    • Daniel Hencher
    • Humphry Warren
    • David Jones
    • John Baily
    • Wm Coleman
    • Hopestill Clap
    • John Thurston Senr
    • Jabesh Salter
    • Nathanll Kingsberry
    • Edwd Wilder

    [Walley v. Sybery]

    John Walley plaint. agt Jonathan Sybery of or late of Wye River in Maryland Deft in an action of the case for the non payment of nine thousand three hundred & Fifty two pounds Tobacco due by bill with all other due damages according to attachmt datd July. 12th 1676. . . . The Jury . . . found for the plaint. Forty Six pounds nineteen Shillings four pence mony & costs of Court allowed twenty Six Shillings & eight pence This action was tryed at last July Court but judgemt not published nor being entred untill this Court according to Law was now published. pro Novembr 1676.

    Execucion issued Novembr 2d 1676.

    [Deane v. Perry]

    Thomas Deane of Boston Merchant plaint. agt Seth Perry Deft in an action of debt upon account to the summe of twenty Seven pounds five Shillings & four pence in mony being the ballance thereof with all due damages according to attachmt datd October. 23th 1676. . . . The Jury . . . found for the plaint. twenty Seven pounds five Shillings & four pence in mony & costs of Court allowd Fifteen Shillings & two pence. The Deft appealed from this judgemt unto the next Court of Assistants & himselfe principall in £.56. & John Walley & Asaph Eliott Sureties in £.28. apeice bound themselves respectiuely . . . on condition the sd Perry should prosecute his appeale . . .

    [This case had reference to base malt and bad beer, as appears in Perry’s Reasons of Appeal (S. F. 1555):

    . . . after this J met him and told him of a loss J had sustained by this mault Jn Long Jsland where it wold not sell but maid them sick that drunk the beere maide of his mault: hee still told mee as afore and said hee beleued it wold make good beere if J wold but put Jn good store of melases and he said that my loss Cold not be so great as J did Jnmagen because J was to pay nothing but beere: th[u]s hee treated mee from time to time perswading mee to grind all the mault a forsaid and Brought an Instanc of a gentell man his neighbor viz mr shrimpton whoo Lost sum mault for want of grinding it: saying mault wold not Keep good: vngrownd as wold when grownd :· by this time mr deane is so perswaded of the badness of the mault that hee tells mee J must vse none of it for him he wold not haue his sea men to drink any such beere fore feare it shold doe them hurt and thus hee for worned mee againe and againe Jn these uery words: and told mee it made such heuie beere hee cold not drink it speaking of that Jn his fammely allthough there were but 1 sack Jn six of his viz mr d[ea]ns base mault and the other: fiue uerry good mault. mr deam spak to mee to Brew 4 or fiue tun of beere for a ship saying that J must find Cask also: J told him J must giue money or that equiualent for Cask and his [Or] was beere and not money after sum words hee Came to mee and spake so as J only heard him that if J Refused hee coold sue mee for the first bargain or to that efect.

    so that there [se]ems to be a fallecy Jn his oath viz mr deanes: or a Reseruation and that this is good Euedence J Leaue to this honoured Court and Jury to Judg]

    Deane agt Gibbs

    Thomas Deane plaint. agt Benjamin Gibbs Defendt in an action of the case for not delivering him posession of a certain warehouse & wharfe &c scituate in Boston due or belonging unto him the sd Deane by virtue of a deed of Sale or Mortgage for the same bearing date July. 21th 1674. long since forfited, as by the sd deed reference thereunto being had will more fully appeare, with all due damages according to attachmt dated. Octobr 25o 1676 . . . the Jury . . . found [400] for the plaint. possession of the warehouse wharfe &c according to Deed & costs of Court allowed twenty Five Shillings & four pence.

    Execucion issued xbr 22o 1676.

    Clements agt Lisley

    Richard Clements or his Attourny plaint. agt Robert Lisley Defendt in an action of debt of two pounds Fifteen Shillings Sterl. mony of New-England due by bill bearing date the second day of May last past & paiable in two dayes after the arrivall of the Joane of Corke in New-England, with all other due damages according to attachmt dated. 7br 5th 1676. . . . The Jury . . . found for the plaint. two pounds Fifteen Shillings mony and costs of Court; allowed Sixteen Shillings & eight pence. Execution issued Novr 8th 1676.

    Williams agt Lake

    John Williams plaint. agt John Lake Def t in an action of the case for not delivering or shewing of a parcell of goods (attached by Return Wayt Marshalls Deputy upon the .8th March. 1675. & then owned by sd Lake to bee in his hands to the value of nine pounds belonging to Ezekiel Fogg) unto Joseph Webb the Marshall Genlls Deputy when demanded upon Execution agt. said Fogg & company; but sd Lake contrary to Law and to the great damage of the sd Williams, did dispose of & deliver to the sd Fogg many of the goods after they were attached & owned to bee in his hands, wth other due damages according to attachmt datd octobr 5th 1676. . . . The Jury brought in a Speciall verdict, i.e. if the testimony of John Morse Joseph Webb & Nathanael Williams bee invalid, wee finde for the Deft costs of Court, if not wee finde for the plaint. three pounds Sixteen Shillings mony & costs of Court. The Magistrates declare for the Defendant costs of Court.

    Williams agt. Wessell

    John Williams plaint. agt. Doctor Hartman Wessell Deft in an action of the case for witholding a debt of Fifty three Shillings in mony due by booke & due interest & all other due damages according to attachmt dat. august. 16. 1676. . . . The Jury . . . found for the plaint. two pounds thirteen Shillings mony and costs of Court allowd thirteen Shillings and eight pence.

    Execucion issued Febry 12o 1676/7.

    Alford agt Endicott &a

    Benjamin Alford Attourny to John Sweeting Junior plt agt John Endicott & John Scotto Execrs in trust to the Estate of Andrew Sheppard decd Defts in an action of the case for that the sd Execrs have refused or neglegted to give unto the sd Alford a true & just acco of all the produce profits Earnings or Effects of one quarter part [401] of the Barque Thomas and Mary whereof the sd Shepard was sometime mr from the time the sd Alford last made up an accoumpt with the sd Sheppard in behalfe of the sd Sweeting to this day, and also for not surrendring the quartr part of sd Barque & all other Estate or Effects that was in the hands of the sd Sheppard belonging to the said Sweeting; whereby the Estate of the sd Sweeting is damnified about One hundred pounds mony unto him the sd Alford & all other due damages according to attachmt datd October. 26. 1676. . . . The Jury . . . found for the plaintife that the sd Execrs shall give a true accot of the one quarter part of the vessell Sued for called the Thomas & Mary with all the profits & loss made with sd Vessell since the accos last made up, to bee done within twenty dayes next following under the penalty of One hundred pounds mony & costs of Court. The Defendts appealed from this judgemt unto the next Court of Assistants & themselves principall in one hundred pounds & Robert Sanford & John Morse Sureties in Fifty pounds apeice acknowledged themselves respectiuely bound . . . on condition the sd John Endicott & John Scotto should prosecute theire appeale . . .

    [This case arose over the estate of Andrew Shepard of Boston, who died in Boston after a voyage to dispose of logwood, some particulars of which are in the following documents:

    S. F. 1718.12

    Boston in New England June 9o day 1675

    Mr Sweeting

    Sr These are to lett you understand, our Safe arrivall in Boston, the Sixth of this Jnstant, but with great danger,: for J mett with a great Spaniard, one that J Judge Some Thirty Six Guns at least, whom fired Some Sixteene or Eighteene gunns at vs, and at last forced us to Strike where we lay for the Space of two glasses, alongst his Side within pistoll Shott, but through gods mercy made our Escape, the Spaniard being fearfull to Send his boate on board, J Suppose for feare wee had bene a man of warr, for we did not Strike till night So that he Could not discerne what we were J intend if please God to goe to the windward Jslands and if J Can put of the Vessels effects to touch at Corre Soe, and See what may be done there, J haue Spoke with mr Alford, and by the next oppertunity you Shall heare of the affaires, and what will be done, the Negro and the Cloathes my wife Receiued, with the money, mr Hawford is left in the bay, and would desire you to Send him downe Some powder and Shott, to the vallue of three pounds and provisions, if that you not Sent any of that J writt for, So no more at present J Rest Your friend and Servant to Command

    Andrew Sheppard

    Vera Copia attestt Jsa Addington Cler

    S. F. 1718.15

    Port Royall ye 11th of June 1675

    Mr Benja Alford

    Sr Yors 23th March lyes before mee, & the fish of my fathr all Sould, which is well, though by the porke was Losse, being the worst J Ever Saw, marked by the packer in my life, but Conclude was noe fault of yors, The account of our Jrish Cargo Should haue bene glad to haue Seene, but at present am just bound for London, & no new England vessell in port, which makes me leaue these letters behinde mee, to be Sent you by the first, Therefore if Said accounts are not Sent before receipt hereof, desire the Same to London, but the produce hether in provisions, Consigned for my account, or father, to Capt Samll Bache, which pray let be in good porke, Cod fish, bread, pease flower, butter and traine Oile, which for present Sell well Jn my last J advised you of a bill of Exchange, on mr Pincheon for £5: but then forgott to incloase it you, at present you haue it which request you to gett accepted & paid, & in default protested which keepe by you, till the arrivall of mr Paine or Tucker, when Shall Send you their bond for a greater vallue, besides what will accrue on the bill of Exchange, by non payment. J have wrote mr Pincheon about it, & assure you had J not Stoode Sd Paines friend, must here haue Sold his Vessell, & Consequently ruined his voyage, J hope long before this is arrived the barque Tho: & Mary, mar Andrew Sheppard wth Logwood, wherein am Concerned a Quarter part of Vessel and victuals, for which you’l receiue about three, or three tuns. ½ for my Share, & £8:15 my ¼ of 35l Said Sheppard receiued of David Edwards, for Loading his vessell in the Bay for all which please to give my accot Currant & also if the vessell be Sold, for my ¼. part of her produce, and if fitted out againe disburse for me, what my part Comes to, but if they Sell and you finde them desirous to buy another, Concerne mee not therein, which J would not haue you let them know, till you haue all my part of money & wood in, nor then neither if you Can avoid it, you may tell them, that J am gone for London and haue left it to you, and that you beleiue it will not bee for my Jntrest, at So remote a distance which J leaue to you to mannage, better knowing how to putt them offe then my Selfe, but however it fall out will not be Concerned, because Cannot be here to mannage it, Else would, knowing it profitable The accote of all desire may be Sent me for London directed to me as junior, The nett proceeds of what my accots amounts to, Send as before, and with what Speede you Cann from London, where God Sending mee in Safety shall be againe God willing, troubling you with my lines and other matters, Jntrim haue only to adde my due respects Committing you to divine providence J Remaine

    Yor assured friend & Servant at Command

    John Sweeting

    Sr

    When next you See Madam Tailer, please to know of her whether or no Shes disirous, J should buy for her those things She desired of me, at parting, and if Shes of the Same minde Let me know it, by the first to London, & her Commands shall be Carefully observed.

    Jdem J S

    Vera Copia attestr Jsa Addington Cler.

    S. F. 1718.13

    March 10th At Tre[i]ce in the Bay of Campeachy 1674 The barque Thomas and Mary Dr in money to disburstmts as followeth li  s  d
     

    To Nailes and boards in the bay

    0:15:00

     

    To Tallow

    1:10:00

     

    To the Carpenter

    0:10:00

     

    To Boate hire to Loade the vessell wth wood her third part

    2:06:08

    Boston this

    To Custom of Eight Tuns of Logwood

    0:10:00

    June 14th

    To Drinck to the Carpenters

    0:01:00

    25

    To Nailes and Spikes

    4:02:00

    July. 12o

    To Drinck to the Carpenters

    0:02:00

     

    To Sheet Lead

    0:00:06

    15

    To Nailes and Spikes

    2:—:—

    16

    To Nailes

    0:02:00

     

    To mr Greenough for Sheathing & other necessarys

    28:17:06

     

    To One barrel of Tarr

    0:09:00

     

    To Drinck at Seuerall times

    0:05:00

    22.

    To Nayles

    0:05:00

    24.

    To Cordage & Cappell

    17:05:00

     

    To Jsaac Sheffell Carpenter

    0:14:00

     

    To the Smith

    0:13:10

     

    To mr More Carpenter

    1:09:00

     

    To mr Fisher Carpenter

    1:11:06

     

    To mr Thornton for nailes timber and planck

    0:17:06

     

    To Ballast: 9s. To Twine 2. 10d

    0:11:10

     

    To 2 Oares and Setting poles of mr Scarlett

    0:08:09

    30.

    To the mason for worke, time & bricks about the Cookroome

    0:11:00

     

    To Wages for my Selfe & boy:& the boyes dyet

    6:03:04

     

    To Pump nailes and Candles

    0:02:00

     

    To mr Thornton for one board

    0:01:06

     

    To Saile needles 2s To the Sawyer 2s: To Blocks 12s

    0:16:00

     

    To mr Scarlett for a Stick to make a mast and making

    1:08:00

     

    To the Smith for hinges for the Cabbin doore, and plates for the pumpe and b[o]lts

    0:04:06

     

    To Three barrels of Tarr

    1:14:00

    October 20th

    To mr Hallaway for gra[v]ing the vessell

    1:05:00

    75

    To Scupper nailes & other nailes. 6. To Ballast 5s

    0:11:00

     

    To Three halfe houre glasses

    0:03:00

     

    To Beefe and Salt to Salt it

    6:02:06

     

    To the fitting 2. Compasses

    0:04:00

     

    To One hand Saw and three brooms

    0:02:09

     

    To Bunting for vaines & Crosse for the antient

    0:06:08

     

    To a Joynor for worke done aboard & for a [b]iddi[ce]ll

    0:07:06

     

    To firewood 8 6d To Candles 20[l]10s

    0:18:06

     

    To one paire of maine Sheets & maller

    0:16:00

     

    To Porke pease and bread 8:10:06

    8:10:06

     

    To Two tun & halfe of water Caske & halfe a tun of beare

    3:12:00

     

    To Two boles & Two dishes & halfe a dozn of Spoones

    0:03:06

       

    99:10:04

    99:10:04

    Mr John Sweeting Dr Since March the

     

    49:15:02

    10th 74 To Andrew Sheppard as

     

    24:17:07

    followeth

     
      li   s   d

    To my Care as master Six Weeks a loading mr David Edwards

    1:05:00

    To Disburstments Since the 10th of march 74. To 5 hundred of Logwood Receiued more then your propper part

    3:00:00

    For ¼ part of fitting to Sea

    24:17:07

    after accot made up for ¼ part of a Cann bought for the vessels use

    :—05

     

    29:03:—

    per Contra Cr.

    By the Quarter part of provisions laid in Jamaica, with the advance of 2 barrels Sold

    12:18:06

    By your Quarter part of money earned in the Bay of mr Dauid Edwards

    8:15:00

    By Two Tuns of Logwood deliuered according to yor order, to mr Benjamen Alford

     

    By Three fraights two from Piscattaque and one from Capeann

    1:00:05

    By a Punn Sold

    0:17:06

     

    23:11:05

    For: Ballance due to Andrew Sheppard

    5:11:07

     

    29:03:00

    Vera Copia attestr Jsa Addington Cler

    A copy of Andrew Shepard’s will is in S. F. 1718.9; it is sufficiently explained in this letter of his executors relating the circumstances of his death (S. F. 1657.4):

    Boston in New England June 26o 1676

    Mr John Sheppard

    Sr These Serue to informe you, that Soone after your brother Andrews arrivall, here he fell Sick and Lived not Longe, but in the time of his Sicknesse his wife also fell Sick, and before mr Sheppard dyed he did apprehend, little hopes of hia wifes Life, whereupon he made his will, and Left us Joint Executors & gaue his Estate after Charges and debts were paid (in Case his wife did dye within one yeare & a day) to your Selfe, reserving only Two or three small Legacies Now his wife dyed within Two or three dayes after mr Sheppard, and we tooke Care for their honnorable interrment, and yet endeauored to be as good husbands as we Could, we having Secured the barques Loading of wood, togeather with the Cloaths & houshold goods, wee haue also by the Desire of mr Sheppard & advice of merchants here Sould Three Quarter part[s] of the Barque, which part we understood by mr Sheppard that he did owne, we also understood that mr Hawford, owned one Quarter of her, So in faithfullnesse to him, (ther being no person here to assert his Jntrest) we haue Taken Caution from the parties that haue bought the ¾ to be accountable to mr Hawford or order, for that part of the Vessell and her proceeds. Now Sr we desire you with what Convenient Speede you may to Come to Boston and receiue the Estate left into your hands, in the meane time assure your Selfe, that we Shall use our vttmost Endeauors to Secure & promote your intrest and Serue you to the vttmost of our abillity, thus with our kinde Love & respect to your Selfe we Remaine

    Your assured friends & Servants

    John Endecott

    John Scottow

    Ownd in Court pro August 1677 by the parties Subscribing

    as attests Jsa Addington Cler

    Copia vera attestr Jsa Addington Cler

    Letters of administration from the Prerogative Court of Canterbury for Shepard’s English property are in S. F. 1718.7. An account of his funeral expenses and the inventory of his estate follow:

    S. F. 1718.8

    An Inventory of the goods & Estate of Andrew Sheppard of Boston decd prized by Nathanel Greenwood & William Greenough of sd Boston Shipwrights as followeth taken the. 1st day of June. 1676. @

      li s d

    Imprs his wearing apparrell

    16:15:—

    his wives wearing apparrell

    5:01:00

    two Bookes

    :08:—

    one remnant of Quinting

    :04:—

    one pair of andirons

    :08:—

    one pair bellows. 18d one chafin dish. 12d one Spit 20d

    :04:02

    one trammel .18d one Jron pot and hookes 6s

    :07:06

    one Frying pan. 18d one brass Kettle. 35s

    1:16:06

    six pewter platters small. 15s old pewter. 2s

    :17:—

    lattin ware. 4s. Earthen Juggs. 2s

    :06:—

    woodden dishes and trenchers

    :02:—

    one looking glass. 6s a glass case and glasses. 6s

    :12:—

    one grater. 3d one table and. 5. chaires. 15s

    :15:03

    4. Silver Spoones. 40s—3. gold buckles. 25s—1 silver thimble. 2s— 1. Set of Silver buttons—3s— 2. pair of buckles. 6s—one gold ring with a Stone—10s

    4:06:—

    Child bed Linnen

    1:00:00

    5. Napkins .1. table cloth & 2 pillowbeers

    00:10:06

    3. cotten and linnen Sheets—1. fine holland Sheete one towel

    2:10:—

    one brush .12d one Cane. 5s

    00:06:—

    Sea Jnstruments

    :15:—

    2. fowling guns—1 caduse box—2 pair bullet moulds

    3:00:—

    1. looking glass .18d

    00:01:06

    1. pallet bedsteed—1. green Rugg & 2. blankets

    2:03:—

    1. large bedsteed curtains vallents Featherbed and boulster and one green Rugg

    6:00:—

    3. Chests and one deske

    1:15:—

    2. matt chaires. 3s—1. wicker basket. 3s

    0:06:—

    1. bed pan. 9s—1. fire Shovel and tongs. 3s

    :12:—

    1. halfe head bedsteed. 6s—caske & some meale. 8s

    :14:—

    2. bushlls Corn

    :06:—

    2. old bbs—2. earthen pots & some soft Sope

    :08:—

    a. box and heaters 3s—Firewood. 3s

    :06:—

    a. Negro girle

    15:00:—

    ¾. of the Barque Thomas and Mary with her tackle & appurtenances

    63:15:—

    23tun 19c 2qr 27li of Logwood at. 7li per ton qt 668 sticks supposed all to bee sd Sheppards

    167:18:06

    A debt due to the Estate from mr Eliakim Hutchinson

    50:00:00

    Summa

    £349:08:11

    Nathaniel Greenwood

    William Greenough.

    John Scottow and John Endicot Executers of the last will of Andrew Sheppard personally appeared before John Leverett Esqr Govr and Edward Tyng Esqr Assist. June. 14o 1676. and made Oath that this paper containes a just and true Jnventory of the Estate of the said Andrew Sheppard to the best of their knowledge and that when they know more they will discover it.

    as attests Jsa Addington Cler.

    . . . true Coppie . . . Jsa Addington Cler

    S. F. 1718.10

    The Estate of Andrew Sheppard is Dr to Iohn Scottow & John Endicot for Sundry Disburstmts viz

      li   s   d

    To money pd John Endicot for so much Lent Andrew Sheppard before he dyed

    5:—:—

    To money pd Ditto for Soe much Lent mrs Sheppard before she dyed

    1:10:—

    To Brandy Bread & wine & Beare for mrs Sheppard & her watchers

    — :06:—

    To mony pd for a Pallat Beadstead

    1:01:—

    To mony pd for two Coffins posts & Rayles

    2:—:—

    To ringing the Bell and digging the graves

    —:08:—

    To mony for mr Tailer for wine

    —:15:—

    To the washer woman

    —:01:—

    To Sunday Disburstmts on relations & watchers and at apprizeing the goods

    —:06:04

    To the Nurse

    —:05:—

    To Portorage & Expences at unloadeing the Barq[ue]

    —:08:—

    To mony pd mrs Sheppard’s Negro by her Ordrs

    —:06:—

    To mony pd the Carter for removeing the goods

    —:02:09

    To a Porter

    —:02:—

    To Aireing the goods & other Charges

    —:03:06

    To mr Sheppards nurse

    —:10:—

    To Ieremiah Fitch for Gloves for the Funerall

    5:—:—

    To Thomas Heath for Murning

    9:12:—

    To Thomas Bingly for Murning

    7:11:—

    To Expences About Sale of the Vessell

    — :08:07

    To Weighing and Houseing the Loggwood

    2:—:—

    To Expences at Sundry Times

    —:17:04

    To ringing the Bell and Black Cloth

    —:03:—

    To mr John Hayward for drawing the will Jnventory accots Examining writeings &c

    2:—:—

    To mr Elisha Cooke for medicines as per Receipt

    2:16:—

    To mr Dudly for Custome of Loggwood

    —:15:—

    To mr Addington for writeing

    —:05:06

    To mony pd willm James for mony [L]ent mr Sheppard in ye bay

    1:05:—

    To Richd Smith for Severalls dd to mr Sheppard

    — :15:10

    To Jno Cragg Phisitian for medicines &c

    4:—:11

    To Wm Snelling Phisitian

    1:10:—

    To Edward Budd for house rent

    2:18:—

    To Expences at Receipt of mony for the Barq[ue]

    —:[7]:—

    To mr John Davenport for his Servants keepeing the barq[ue]

    1:10:—

    To doctor Chichery

    —:04:—

    To Necessaryes for the Negro

    —:02:—

    To mr Tailer for wine at the funerall

    —:15:—

    To Belnap for Gloves

    1:—:—

    To Robt Carver for a Debt

    8:03:—

    To Edwd Budd for mony Lent mr Sheppard

    —:17:06

    To Clothing for the negro

    —:10:—

    To a Legacy given to John Endicot

    5:—:—

    To a Legacy given to John Scottow

    5:—:—

    To Goodwife George for a paire of fine Sheets

    1:—:—

    To Ditto for Butter dd to mrs Sheppard

    2:—:—

    To mr Anthony Chichery for a debt due per bill by mr Sheppard

    5:—:—

    To six months warehouse roome & Charges for about ye weighing of the Loggwood

    7:—:—

    To mony to Wm Aglin for a debt

    —:02:06

    To mony for a pillow beare borrowed per Mrs Shepperd & Lost

    —:03:06

    To Disburstmts at Two Courts wth mr Alford in defending the Estate

    2:01:08

    To Disburstmts in defending the estate at a Court agst Hawford Higgs & Middlecot

    2:10:09

    To Disburstmts in defending the Estate at a Court of assists against middlecot

    2:07:—

    To Seventeene weekes Dyet for the negro at 4s per weeke

    3:08:—

    To Rent for a Chamber to lay up the goods

    2:10:—

    To Mrs Emory per Execution

    53:05:—

     

    159:19:10

    To John Scottow for his trouble & time in attendance upon Courts &c

    10:— :00

    To John Endicott for his trouble & time in attendance upon Courts &c

    10:00:00

     

    179:19:10

    Signed by [] 8: 77   John Scottow

    John Jndecott

    Per Contra Cr

      li   s   d

    By weareing apparrell household goods loggwood & mony Reed as per Jnvent

    349:08:11

    John Shepard, Andrew’s brother, died at Wicomico, Maryland, according to the following deposition (S. F. 1718.27):

    S. F. 1718.27

    Abraham Blagg of Plymouth in Old England Marriner, aged Twenty foure yeares or thereabouts, deposeth and Saith, that Sometime in December last past, being in Wicacomaco, in the province of Mary land, aboard the good Ship Thomas & Mary of London, Capt William Adams Commandr and intmatly acquainted with him, mett on board said ship with one John Sheppard Brother to Andrew Sheppard of Boston Deceased, as he said, where in discour[se] heard him relate of his intention for old England and Holland, with the Said William Addams, and there buy a Shipp and So intended for Boston in New England, to Settle all his accounts there and to receiue what his Said brother Deceased had left him, by will, but it so pleased god that about the 13th day of December last past to visitt him with a fitt of Sicknesse and J being desired by Capt Wm Addams abouementioned to accompany him on Shoare, to the house where he Lay, did visitt him in his Said Sicknesse, and perceiving little hopes of his Life, he was there in this Deponents hearing, desired to Settle all his Concernes, by making his will, Saying that by that his dayes would neither bee Lengthened nor Shortned, whereunto he readily Consented, and this Deponent was then desired (for want of another Scribe there being no man Capacitated that way present) to draw his will, which he accepted, and drew it, as it may more evidently appeare, by a Probate under the hand and Seale of the honnorable Phillip Calvert Esqr Secretary of state in the province of Mary Land, which will, this Deponent Saw Signed Sealed and deliuered, by the Said John Sheppard to the Seuerall vses therein Specified and that then (as it is in the Said will Exprest,) to the best of this Deponents Judgment he was of a Sound minde & memory though weake in body, and this deponent further Saith that he Saw the Said John Sheppard Deceased to take boate to goe on Shoare, when he was first of all visited with Sicknesse to Seeke meanes for his recouery — and that he was then to the best of this Deponents Judgment, noe way overtaken in drincke and this Deponent further Saith he was Severall times in the Company of the Said John Sheppard, Deceased, before he was taken Sick and never Saw him to the best of his Judgment in Drincke, though plentifully enough to be had, and further this Deponent Saith not.

    Taken vpon Oath this 25th day of may 1677

    Before me Thomas Brattle Commissr

    Copia Vera attestr Jsa Addington Cler

    On appeal to the Court of Assistants (Records, i. 79), the judgment was reversed. After that Mrs. Martha Emery of Nevis, W. I., who, as Ann Bromehall deposed (S. F. 1718.30), was the only surviving legitimate child of Andrew Shepard’s parents, petitioned the Court as follows (S. F. 1718.5):

    To the Honrd Governor Deputy Governor & the Rest of ye Worsppll Magistrates Now Assembled in the Court of Assistants in Boston this 4 of Sept 1677

    The Petition of Martha Emery the wife of and attorney unto her husband Thomas Emery of the Island of Nevis

    Humbly Sheweth

    That whereas my brother Andrew Sheppard deceased died here in Boston made his will wherein he made Iohn Scottaway and Iohn Endicott Executors and gave most of his Estate to his & my own brother Iohn Sheppard who died unpossessed thereof both dying with out issue I being thier own sister & the only child liveing of our parents; & Mr Richard Middlecott by vertue of a letter of Attorney from one in Virginia is now in prosecution by law in ordr to the obtayning the Estate for a person no way Related My humble Petition to this Honrd Court therefore is that Yor Honrs would be pleased to accept these few lines by way of Caution to prevent the said Estate from being delivered to those that have no right to it but to Consider how nearly I am concerned in reference thereunto

    1 In being thier own sister as will appear by Evidence here in town & therefore the proper heiress to it

    2 Because my husband as is well known to severall in this town have formerly been at great Charges in bringing up my two brothers now deceased when they were young in the West Indyes

    3 Because my husband when my brother Andrew was grown up sent him out a tradeing betrusting him with a considrable Estate & have ever since had little or no returnes the sum of which is Expressed in the Account I have brought with mee & finding the Estate so intangled as it is I have arrested Ino Scottaway & Iohn Endicott Executors to my Brother andrew shepards Estate to Answer my Complaint for what is due on account to my husband at the next County Court to be held at Cambridge Wherefore I humbly request this Honrd Court if it may be with Iustice granted that the property of the Estate may not be altered untill my Condition is Considered and my Case tryed that so I may not be prevented of obtaining what is due to my husband upon account nor of my birthright & Yor humble Petitioner shall be ever obliged to Pray &c

    Martha × Emery

    her Mark

    The peticion was presented & Read Jn Court 4. Septembr 1677. in Court as martha Emerys Caueat agt proceeding &c.

    as Attests Edwd Rawson Secret

    Several other cases were started against the Shepard estate (see below, pp. 822, 953); but these records do not extend far enough for us to reach the final disposition of them.]

    Oughtred agt Blackleach

    Charles Oughtred Attourny to mr Sampson Sheafe plaint. agt John Blackleach Deft in an action of the case for witholding the Summe of One hundred Fifty Four pounds Five Shillings & two pence in mony due by booke to the sd Sheafe with all due damages according to attachmt datd July. 21o 1676. . . . The Jury . . . found for the plaint. one hundred Fifty Four pounds Five Shillings & two pence mony & costs of Court. John Poole as hee is Surety for the Defendt (& appeared in the case) appealed from this judgemt unto the next Court of Assistants & himselfe as principall in One hundred Fifty Four pounds & anthony Checkley & Stephen Burton Sureties in £.75. apeice acknowledged themselves respectively bound . . . on condition the abovenamed John Blackleach or John Poole shall prosecute the appeale . . .

    [See Records of Court of Assistants, i. 85.]

    Oughtred agt Collacott

    Charles Oughtred Attourny to Sampson Sheafe Mercht assignee to mr Thomas Thacher Senr & Margaret his wife plaint. agt Richard Collicott Def t in an action of the case [402] for denying to deliver and witholding from him the saide Charles Oughtred Attourny aforesd possession of a house & land in Boston sold unto the sd Thomas Thacher under proviso as per a Deed bearing date the twenty Sixth of August One thousand Six hundred Seventy and three may appeare the proviso of and in the sd Deed being not accomplished with all due damages according to attachmt Dat. October. 14o 1676. . . . The Jury . . . found for the Defendt costs of Court.

    Rose agt Smith

    Roger Rose of Boston plaint. agt Joseph Smith Defendt in an action of unjust molestation for three times arresting his person and Estate hindering his imploy both vessell & company to his great damage according to attachmt datd 26. 7mo 1676. . . . The Jury . . . found for the Defendt costs of Court allowed by the Court twenty three Shillings & Six pence.

    Clarke &a agt. Harbour

    Matthew Clarke & company plaints agt John Harbour Deft in an action of the case for over running theire Shallop as they were at anchor in the Sea with the Sloop of which the sd Harbour was Commander, by which meanes the plaints lost theire Shallop that was well fitted for this Voyage, had in her three hogsheads of Salt twelve barrells of Mackarill and all theire fishing craft & theire wearing clothes; which is to theire damage at the least Eighty pounds in mony besides the loss of the remaining part of this present Voyage the sd Shallop was over run 22th of September 1676 about two a clock in the morning wth all other due damages according to attachmt datd 22th Septembr 1676. . . . The Jury . . . found for the plaints Forty pounds mony damage & costs of Court, allowed by the Court three pounds Eight Shillings and four pence. Samuel Haugh as Surety for the Deft who appeared at the tryall appealed from this judgemt unto the next Court of Assistants & himselfe as principall in Forty pounds & Richard Collacot & John Smith Sureties in £.20. apeice acknowledged themselves respectively bound . . . on condition the abovenamed John Harbour or Samuel Haugh should prosecute this appeale . . .

    [See Records of Court of Assistants, i. 80.]

    Mason agt. Lawton

    John Mason plaint. agt John Lawton Defendant The plaint. was nonSuted in failure of process the Deft being Sued by bond & no bond of his appearing agt him.   [403]

    Harris agt Turner

    William Harris plaint. agt Ephraim Turner Deft in an action of the case for not paying unto him the sd Harris the Summe of Fifteen pound Sixteen Shillings and three pence in mony due upon ballance of Account owned & underwritt by sd Turner as may bee made to appeare with all due damages according to attachmt datd October. 24o 1676. . . . The Jury . . . found for the plaintiffe Fifteen pounds Sixteen Shillings three pence mony & costs of Court allowed by the Court Fifteen Shillings & two pence; The Deft appealed from this judgement unto the next Court of Assistants & himselfe principall in Sixteen pounds & Hudson Leverett & John Pease Sureties in Eight pounds apeice acknowledged themselves respectiuely bound . . . on condition the sd Ephraim Turner should prosecute his appeale . . .

    [See Records of Court of Assistants, i. 83.]

    Johnson agt. Hunt

    John Johnson plaint. agt John Hunt Deft in an action of the case for witholding a Shop and the purviledges belonging to it from the sd Johnson with due damages according to attachmt datd October. 26th 1676. . . . The Jury . . . found for the Defendant costs of Court allowd by the Court Four Shillings & two pence.

    Walker agt Willett

    Thos Walker Attourny to mr John Jackson of London Execr of the last will of Hannah Walker plaint. agt Jacob Willett Deft The plaint. was nonSuted in that hee Sued by bond & produced onely a Coppie the originall lying in England.

    Wright agt. Gross

    William Wright junior or his lawfull Attourny plaint. agt. Richard Gross Defendt in an action of the case for witholding of a debt of Eleven pounds five Shillings in mony or thereabouts due for the Freight of One hundred & Fifty quintalls of Fish brought from Cape Sable in the Catch Society, whereof the foresaid Wright being then Master wch is to the plaints damage Eleven pounds five Shillings in mony with all other due damages according to attachmt datd 29th Sepr 1676. . . . The Jury . . . found for the plaint. ten pounds ten Shillings mony & costs of Court allowd by the Court twenty Seven Shillings.

    Execucion issued Novr 11o 1676.   [404]

    Gilbert agt. Obison

    John Gilbert plaint. agt William Obison Deft in an action of the case for pulling up two pitts of ware of one hundred poles and so destroying them & his workeing tooles and two upper leather hides tanned & dryed lost out of his house, by his wife her takeing the key out of the dore & for making use of his tann liquor and lime liquor without his consent and casting his ware out of the limes and throwing out his household goods into the Streete and carrying his chests with corn in them into the Streete breaking them & spilling the corn & throwing one bushell & halfe of meale into the tanpits and as much pease, splitting the bagg & Spilling the pease in the pitts and about the tan house, wth all due damages according to attachmt datd 9. 8mo 1676. . . . The Jury . . . found for the plaint. twenty pound in merchantable Leather at mony price within twenty dayes next and ten Shillings six pence mony or in default to pay twenty pounds mony with the ten Shillings six pence mony & costs of Court. The Deft appealed from this judgement unto the next Court of Assistants & himselfe principall in twenty pounds & William Parsons & Thomas Stanberry Sureties in ten pounds apeice bound themselves respectiuely . . . on condition the sd Obison should prosecute his appeale . . .

    [A sheaf of salty depositions may introduce us to this tanners’ brawl; they are followed by Obison’s delightfully illiterate Reasons of Appeal.

    S. F. 1575.5

    Samuel Proctor aged 34. yeares Testifyeth

    That sometime the last springe, and to the best of my Remembrance was on that day in the Morning, that the honnored Governour Winthrop was buryed, being in the backside or ground of Thomas Wiborne J heard one Cry. Murther. Several times, about the house that was John Gilberts whereupon J presently ran & told the abouesaid Wiborne, and both him and my Selfe Came to the house of the Said Gilbert, in haste, and J Saw the Said Gilbert & William Obeson, in an vpper roome of ye Tan house or barne of the said Gilberts, Striving togeather, and Gilbert Complained that the Said Obeson did gripe him by the throate, soe that he Could Cry out but now & then, and further J Saw the wife of the Said Obeson, pulling of bed cloathes & bedding to a hole, that was in the floore of the loft, and throwing them downe there, notwithstanding the wife of the said Gilbert made a pittifull moane, for her Childe was in the bed, and She pulled off the Cloathes & left the Childe vncovered, then this Deponent tooke hold of the said Obesons wife, to Stay her hand, least that she should throwe downe the Childe with the rest of the things, for J thought by her acting she intended mischiefe to the Childe, and when she the said Obeson, gott out of my hand she Crept away on her knees, and began to throwe downe more of the Said Gilberts goods vntill we spoke of fetching the Constable, then their rage Seemed to be a little abated, then these deponents went downe into the Lower roome, and J Saw John Gilbert pulling his goods: out of the tan pitts, which the Said Obesons wife had throwne in, both Cloathes & meale, and one bag of pease, was torne and the pease throwne about the tanpitts and further Saith not

    Sworne in Court 1o 9ber 1676

    as attests Jsa Addington Cler.

    A deposition by Thomas Wiborne, recounting almost the same details, is in S. F. 1575.11.

    S. F. 1575.7

    Daniel Fairefield doth Testifye, and Saith, that he is 38 yeares of age or thereabouts: he Comeing to worke with William Obbinson, and did to pull Gilberts Leather vp, but was as black as Jnke, and the fatts halfe a foote deepe of Clay, and the owes was throwne away, it was soe bad that all at present to Say

    Daniel Fairefield

    Sworne in Court primo 9ber 1676 as attests

    Jsa Addington Cler

    S. F. 1575.9

    John Maryon Junior aged. 25 yeares or thereabouts Testifyeth, that J being in the Company of John Gilbert: Senior & William Obison sometime in the latter part of Summer, 75 J then heard John Gilbert Say, he had lett William Obison his howse howsing, Pitts & other things for his trade from that time to Lady day, only the aforesaid Gilbert reserved a liberty to himselfe to worke out his Leather then in the pitts, this is according to my best remembrance, what J then heard John Gilbert Say

    Sworne in Court 1o 9ber 1676

    as attests Jsa Addington Cler

    S. F. 1956.2

    Wm Gilbert testifieth and Saith that J saw this leather in controversy in the yard of Thomas Hill and J turned part of it over, and J declare that J discerned no noysome stinke in that more then in any other Leather; considering it was not throughly dry

    Sworn in Court. 29o Januro 80.

    attests J. Addington Clre

    S. F. 1575.4

    to the honored Covart of asistanc asemled in boston and gentillmen of the Jvre william obinsons resons of apeall from the ivdgment of that [     ] honored covnty covart in ocktobar last in the case of John Gilba[rt] and Said obinson

    1 his falls and clamorvs atachment pretending great damedg by pvlling vp too pits of one hvnddred polls but dvs not Say thay ware his: nethar the pits nor the polls: and in deed they w[are] not his: and any othar man myght ashved yovar apellant as well as gillbird: vnder that noshon: and [its] the merit of the Case not try a bill at that time by that prosces

    2 becavs yovar apellant was sentanced to pay twenty pownds in mony or leathear at mony price when as gilbird shved for nether mony nor leathear: but for pols of ware which can not be vndar stood ane othar but the faces of Skins from the ears to the nos[es]: and the damedg prised bvt fowar pounds: Yovar apellant thinks it tis not vsall for a man to shv for a henn and recovar a hors and all thoe gillbird ses I disstroyed them by pvlling them ovt of the pits yet that mvst not pas all ways for a trvth: for the trvth is thay wear disstroyd before thay came into the pitt: for goodman hill the tanor bovft fifte of them of mr talor for fowar pare of shoos and thay lay in the pitt ny one year and havlf till thay Stvnk and then lookt vpon by gillbirds aprisars worth twenty pownds and so thay might: bvt it was a great whill a goe: and yovar apellant is mvch damnefied in that he had no notis of it nethar of the tim when the damedg was prised nor by home nor what thay had don vntel the covrt came whear he was Cast as afore Said: had I knone it I woold have bin thear and a tovld the prisars that his pols ware spoilled long a gon and a made it ovt to them: which I am confident gillbird did not doe: if he had: the gentill men that prised the damedg woold not a thovft: that good lethar in 76 that wos skavengors ware in 74. and yet vntanned: nor that worth twenty pownds in the later end of the year 76 that was bovft for fowar pare of Shoos in 74. and nothing don to it bvt thron into a pit till: that: and the liqre was grown as black as ink: as in farefellds oath

    3 becavs if gillbird did svfar damedg he willfvlly brovft it vpon him selvf for he shovlld have whrovft vp his pols in march and he resarved libarte to doe it then as apears by maryons oath nvmbar 1 bvt he did not one medill with them: all tho[e] he knv[e] his tim woold be ovt in march and he had tovlld mr Stovghton that he covlld not redeem his morgadg: and then yovar apellant being in the posession of the premises by gillbird was pvt in to posession allso by mr stovghton: ho[w]s and b[ar]n and [faded] with all the apvrtenances writs and priveledges belonging and chardged by my landlord to keep it savf and sownd, if so be that gillbird came thear yovar apellant was not to knoe him and promised yovar apellant to bear him harmles: then gillbird obtained libarte of me and free libarte for I greatly wonted the pits and mr Stovghton promised me to alow for it in the rent: and I did speak to gillbird vere of tin to com and doe it in treated many a tim: and still his answear was he cared not shvmbody Shovlld pay for it and yovar apellant spak to sevarall othars to speak to him as in phrares oath nvmbar 3 and maryons oath nvmbar. 2. and I waited vppon him still all aprill and may which was tim enovf to have don what he had to doe and a great deall more: but he woolld not be parswaded to medell with it: he pretended fear of his life at last a falls pretenc as evar wos he came in to the tann yard tym after time, and lay down vpon the tann and slept in his drink and nobody hvrt him and he might have whrovft as [qiv]tly: and have bin a great deall more wellcom: had he pleased: but his disyn was to keep his credittor ovt of posession of the premises: and not intoe it qiatly: what evar he pretended speaking to levetennat. phrare that he woold get libarty for him to work vp his lethear. phrares oath nvmbar 3 and maryons doe evinc the same thing

    4 be cavs yovar apellant was sentanced to pay tenn shillings and six penc mony for damedg don to peas and meall when as thay wear not damnefied at all the meall not any of it spillt: onely a litell part of the bage wet: not on hanfvll Spoyelled and not one handfvll of the peas lost: yovar apellant thinks John gillbird more to blame in this mator allso then him selfvf tho : whot apeared in yovar apellant or his wife of passion or sellvf intrest or too mveh fondnes in maintaing owar land lords intrest we are redy to acknoledg and are sore for it: gillbird got leave of me to lodg in the barn for too nights and he promised me he woold bring in nothing bvt his bed and care it away with him earlly in the morning and bgone: bvt as he did in all the rest so he did in this: when the morning came he feched in more stvf and got on his Sord and got a pistoll in his hand I goeing in to the barn to speak to him to be gon as he promised found him in that postor I was no soonor entored in to the room whear he was bvt he pvt the pistoll to my brest threatinning to kill me: and took me: by the neck cloath and cried murther to call his companions togethar and Whearas it is said that I took gillbird by the throat tis vtorly fals nor did I ofar him ane abvs[e] ethar with my hands or tong for I saw it was a ploted biseness to make contenshon and whear as my wife is ackevsed for atemting to have throvn down gillbirds chilld ti[s] vttarly fals she nethar saw nor hard any chilld thear bvt being mveh provoaked with gillbirds falls and fravdelent doings tvmled down sevarall things ovt of chambar but nethar saw nor hard ane child thear and as for the pols she thrve in to the lain thvs it was goodman hill one of the Skavengors cam by and saw them ly in the tan yard asked hor what that stvf did thear and bid hor thro them ovt in to the lain: and he being the ownor of it and one of the Skavingors she thrve it ovt to him: this is the trvth: that I have said and in all that I have said and hvmble crave yovar honnars servs consideration that so yovar apellant may not be rvn down and trampled vppon by fals and disaitfvll persons nor pay damedg whear he haith don no whrong nor more then is meet [faded] he may have don a mis and yovar apellant shall evar pray

    Wm [Obbinson]

    These Reasons were received Febr 28o 1676/7

    per Jsa Addington Cler.

    The Court of Assistants (Records, i. 78) found for Gilbert. Obison was committed to jail for non-payment, as appears in the case of Gilbert v. Matson at the April session, 1677, see below p. 796.]

    Gilbert agt. Obison

    John Gilbert plaint. agt William Obison Defendt in an action of the case for detaining his dwelling house & tan yard & barn & the rest of his pitts with all due damages according to attachmt datd 9. October. 1676. . . . The Jury . . . found for the plaint. that the sd Obison shall give the plaint. quiet possession of his house barn & pitts within Forty dayes or pay Sixty pounds mony & costs of Court allowd Fifteen Shillings.

    [See previous case.]

    Sweete agt. Gibbs

    John Sweete Junior Attourny of James Sweete, Phillip Sweete Jeremiah Smith & John Gelliot, plaint. agt Captn Benjamin Gibbs Defendt in an action of the case for that the sd Benjamin Gibbs sometime in the month of September last past did forceably and illegally take away from the sd persons off from Prudence Jsland in the Colony of Rhode Jsland twenty Five Jndian Servants men women & Children & doth still detain and withold from them theire sd Servants; which is to the damage of the sd persons at least one hundred twenty Five pounds in mony with other due damages according to attachmt datd October 10th 1676. . . . The Jury . . . [405] found for the plaint. that mr Benjamin Gibbs is liable to Satisfy for twenty Five Jndians the Summe of thirty Seven pounds ten Shillings mony & costs of Court. Lidia Gibbs as attourny to her husband Benjamin Gibbs appealed from this judgement unto the next Court of Assistants & her Selfe principall in thirty eight pounds & Anthony Checkley and Thomas Savage junior in nineteen pounds apeice acknowledged themselves respectiuely bound . . . on condition the sd Lidia Gibbs should prosecute her appeale . . .

    [The attachment, a power of attorney, and the following deposition (S. F. 1498.2) are the only documents on file for this case, which the defendant appealed to the Court of Assistants (Records, i. 77–8), obtaining a reversal of the former judgment.

    John Godfery, aged 27 yeares, or thereabouts, being vpon oath, testifyeth that the Same Sabbath day at Night as Captaine Benjamen Gibbs tooke the Jndians, from Canonicus Jsland, in the day he went to prudence Jsland and Ca[me] neere William Aliens house, where he Seized on Eight Jndians, & Carried them aboard & thence, he went to the house of James Sweete, and thence he brou[ght] Seventeene Jndians more, and Carried them aboard, & Phillip Sweete & James Sweete Challenged the Said Jndians, this Deponent further Saith, that it was about Twelue a Clock at Night, when they were taken, Taken vpon Oathe before me this 27th of September 1676 Newport

    John Cranston Deputy Govor]

    Allicett agt Skillion

    John Allicett plaint. agt Thomas Skillion Deft in an action of the case for not paying his wages due for making his Fish at cape Sable to the value of Seven pounds or thereabouts with due damges according to attachmt datd 9th October. 1676. . . . The Jury . . . founde for the plaint. Seven pounds mony damage & costs of Court allowed thirty two Shillings and eight pence.

    Execucion issued Novr 11o 1676.

    Dafforn agt Crow

    John Dafforn plaint. agt Christopher Crow Defendt The plaintiffe withdrew his action upon a judgemt acknowledged

    Deane agt. Wing

    Thomas Deane plaint. agt John Wing Defendt The plaint. withdrew his action.

    Hunt agt Johnson

    John Hunt plaint agt John Johnson Deft in an action of the case for witholding from him the sd Hunt a debt of Six pounds in mony due by bill with interest & all other due damages according to attachmt datd October. 26. 1676. . . . The Jury . . . found for the plaint. Six pounds mony according to bill & costs of Court.

    Plaine agt Nash

    Henry Plaine plaint. agt Thomas Nash Master of the Ship called the Speedwell Defendt in an action of the case for witholding five pounds or thereabout mony Sterling of England due for wages for the plaints labour done onboard the Ship Speedwell in her late Voyage from Amsterdam to England Barbados & so hither the plaintife being here cleered from sd Ship by sd Master with all due damages according to attachment datd 16. 8. 1676. . . . The Jury . . . found for the Defendt costs of Court.   [406]

    Bennet agt. Gridley

    John Bennet plaint. agt Elisabeth Gridley widdow Deft in an action of the case by defameing the sd Bennet in saying saide Bennet is a false forsworn wretch whereby the plaintife is so impaired in his credit that if not releived by the Honord Court it may prove his ruin in the world, with all due damages according to attachmt datd October. 12th 1676. . . . The Jury . . . found for the Deft costs of Court allowed five Shillings.

    Execucion issued Novr 4th 1676.

    [This arose out of a petty case tried before a Commissioner’s Court, 1 August, 1676, and 13 February, 1676/77, for which the papers are in S. F. 1544 and the bill of costs in S. F. 25939.]

    Lidgett agt Watts

    Elizabeth Lidgett Execx to the Estate of the late Peter Lidgett deceased plaint. against John Watts Deft in an action of the case for non payment of twenty two pounds Seven Shillings due by bill bearing date the. 17th June Anno. 1674. with interest & other due damages according to attachmt datd 30th august. 1676. . . . The Jury . . . found for the plaintife two & twenty pounds Seven Shillings according to bill & costs of Court, allowed Sixteen Shillings Six pence.

    Execucion issued Novembr 28. 1676.

    Evans agt. Mare

    Agnis Evans plaint. agt Henry Mare Defendt The plaint. withdrew her action.

    Lawton agt Mason

    John Lawton plaint. agt John Mason Defendt The plaint. withdrew his action.

    Davie agt Allicett

    Humphry Davie plaint. upon Replevin agt John Allicett Defendt The Replevin & Evidences in the case produced being read & committed to the Jury, which remain on file with the Records of this Court The Jury brought in theire verdict they found for the Defendt costs of Court allowed five Shillings.

    Davie agt Skillin

    Humphry Davie plaint. agt Thomas Skellin Defendt in an action of the case for a debt due unto him to the value of Eighty pounds in Fish upon accot or what shall appeare justly due with due damages according to attachmt datd Septr 24o 1676. . . . The Jury . . . found for the plaintife Seventy nine pounds nine Shillings nine pence according to bill & costs of Court allowd 29s 6d

    Execucion issued xbr 5o 1676.

    Bartholmew agt. Cox

    William Bartholmew plaint. agt John Cox Defendt The plaint. withdrew his action.

    Hudson agt. Long

    Captn William Hudson plaint. agt John Daniel Defendt The plaint. withdrew his action.

    Bennet agt. Floide

    Samuel Bennet plaint. agt John Floid Deft in an action of the case for witholding thirty five pounds due for land sold [407] him with all due damages according to attachmt datd 26: 7br 1676. . . . The Jury . . . found for the Defendt costs of Court.

    Wharton agt. Walley

    Richard Wharton Attourny to Peter Sayer Attourny & assignee to Jonathan Syberry plaint. agt John Walley Deft The Deft produceing an order of Generall Court prohibiting mr Wharton pleading any cause but his own (except that of mr Samuel Bellinghams) & improving of it for a nonsute, the Court dismis’t the action.

    Wharton agt. Guard

    Richard Wharton Attourny to Peter Sayer Attourny & assignee to Jonathan Syberry plaint. agt William Guard Defendt The plaint. was nonSuted upon the same plea as in mr Walley’s case.

    Hudson agt. Leverett

    Captn William Hudson plaint. agt Hudson Leverett Deft The plaint. withdrew his action.

    Knight agt. Hudson

    Richard Knight Collector plaint. agt Captn William Hudson Vintner Deft in an action of the case for witholding the Summe of Forty one pounds or thereabouts in mony due by agreement with sd Richard Knight Collector for the rates imposed by the Generall Court upon his draught of wine beere ale Cider & Mum from the first of April .1674. unto the .25th of October .1675. being one yeare & Seven months at the rate of twenty Six pounds per annum with all due damages according to attachmt datd October .12o 1676. . . . The Jury . . . found for the plaintife Forty pounds in mony & costs of Court allowed three pounds Eight Shillings.

    Execucion issued Novr 8th 1676.

    Cooke agt. Hudson

    Elisabeth Cooke Executrix & Elisha Cooke Execr of the last will of the late Richard Cooke deceased or either of them plaint. agt. Captn William Hudson Defendt in an action of the case for witholding the Summe of twenty pounds or thereabouts in mony due by Accot with other due damages according to attachmt datd October. 12o 1676. . . . The Jury . . . found for the plaintife twenty pound Seventeen Shillings ten pence halfe penny mony damage & costs of Court allowed Fifty nine Shillings & ten pence.

    Execucion issued Novr 8th 1676.

    Turner agt. Nailer

    Ephraim Tumor plaint. agt Edward Nailer Deft in an action of debt of twelve pound three Shillings ten pence in mony due by bill with interest & other due damages [408] according to attachmt datd October. 24o 1676. . . . The Jury . . . found for the plaint. twelve pounds three Shillings ten pence mony damage according to bill & costs of Court allowd twenty one Shilling and four pence.

    Execucion issued Decembr 9o 1676.

    Giffard agt. Leverett

    John Giffard plaint. agt Hudson Leverett Deft in an action of the case for the not returning or paying the sd Giffard or his Assigne Abraham Briggs the mony taken up by the sd Leverett of mr Timothy Mather being Sixteen pounds cash & mony taken up of mr Ezekiel Fogg being Forty Four pounds or thereabouts, the wch sd Summes the sd Leverett gave his bill or writing under his hand to make return thereof to the sd Giffard, with due damages according to attachmt datd 12: 8. 1676. The Deft objecting agt the process for that there were two actions contained in the attachmt the Deft declared hee held to the first, the complaint for Sixteen pounds; after which . . . the Jury . . . found for the Defendt costs of Court.

    Way agt. Pease

    Richard Way Attourny to mrs Elisabeth Freake Administratrix to the Estate of her late husband mr John Freake decd plaint. agt John Pease Def in an action of the case for nonpaiment of a debt of thirty pounds or thereabouts due by booke with just interest & all other due damages according to attachmt datd 24th of October. 1676. . . . The Jury . . . found for the plaintife Fifteen pounds five Shillings eight pence halfe penny mony due upon balla of accots & costs of Court. The Defendt appealed from this judgement unto the next Court of assistants & himselfe principall in Sixteen pounds & Thomas Dewer & Hudson Leverett Sureties in Eight pounds apeice acknowledged themselves respectively bound . . . on condition the sd John Pease should prosecute his appeale . . .

    [The parties came to an agreement before the appeal was heard. Records of the Court of Assistants, i. 80.]

    Orchard agt. Bulkeley

    Robert Orchard plaint. agt. Richard Bulkley Defendt The plaint. withdrew his action.

    Sanford to Deane

    Robert Sanford as Surety for Clement Gross personally appearing in Court, confessed judgemt agt himselfe & Estate unto Thomas Deane merchant for Fourteen pounds one Shilling Six pence in mony according to bill datd 20. May. 1676. with charges. mr Tho. Deane acknowledged the receipt of full Satisfaction of this judgemt 29. 11mo 76. before J. A. Cler

    Hill to Phillips

    Thomas Hill Tanner personally appearing in Court confessed judgement against himselfe & Estate unto Eleazer Phillips for Fifteen pounds four Shillings Six pence in mony according to bill with charges.

    Execucion issued. xbr 15o 1676.   [409]

    Avis to Halgeson

    William Avis personally appearing in Court, confessed judgement agt himselfe & Estate unto Jngeman Halgeson for Four pounds nineteen Shillings & three pence in mony according to bill on file with costs.

    Execucion issued Novr 27. 1676.

    Carr to Carthew

    William Carr of Salisbury personally appearing in Court confessed judgement agt himselfe & Estate unto John Carthew for Four pounds in mony due by booke.

    Execucion issued Novr 3. 1676.

    Lux to Kellond

    John Lux Senior personally appearing in Court confessed judgemt agt. himselfe & Estate unto Thomas Kellond Merchant for thirty three pounds ten Shillings in mony due by booke.

    Execucion issued 22o 8br 78.

    [Freeman Sworn]

    Robert Peirpoint of Roxbury tooke the Oath of freedom of this Colony.

    Armitage her liberty

    Liberty is granted to the widdow Armitage untill the next Court to bring in an Jnventory of the Estate of her Son Samuel Armitage.

    Grandjury discharged

    The Grandjury brought in theire bill of presentments Octobr 31o 1676. & were discharged.

    Crow to Dafforn

    Christopher Crow personally appearing in Court confessed judgement agt himselfe & Estate unto John Dafforn for Eight pounds Seven Shillings in mony being the remainder of a bill on file for a greater Summe. Jno Dafforn appeared in the office march. 16.1676/7. & acknowledged full Satisfaction.

    Order about Cheeny’s provition

    Jn answer to the petition & complaint of Margaret Cheeny widdow: The Court Orders that Thomas Cheeny her Son pay unto his sd Mother Five pounds in mony every quarter of the yeare, yearely for the improvement of the Estate left by his Father & give her good assurance of her living peaceably with him, otherwise that hee leave the house; the Estate being judged to bee worth twenty five pound in mony per annum.

    Auditt

    The Court appoints mr Anthony Stoddard & mr John Joyliffe to audit the accots of Edwd Tyng Esqr of debt from Colonel Daniel Searle & to make return to this Court.

    Bowers his Estate Setled

    For a division of the Estate of the late John Bowers Senior of Meadfeild decd hee having four Children his Son being married & provided for, the Jnventory of his Estate amounting to two hundred thirty five pounds twelve Shillings The Court settles upon his widdow Mary Bowers the thirds of all the Lands left by her sd husband during her life, & the other two thirds of the Lands are Setled upon the three daughters of the sd Bowers & theire heires for ever in equall proportions, and after the decease of theire mother to enjoy the third assigned to her, and the widdow to enjoy the whole movable Estate to bee at her dispose as Shee shall see meete.   [410]

    Bowers his Estate Setled

    For a division of the Estate of the late John Bowers junior of Meadfeild decd hee leaving behinde him onely one Childe being a Son: The Court Settles the whole Estate of movables according to Jnventory upon Sarah his Relict to bee at her dispose & the thirds of the land in his improuement in his life time being bestowed upon him by his Father is Setled upon Mary the Relict of John Bowers Senior during her life, the other two thirds of the lands is confirmed upon the Childe left by sd Jno Bowers junior & his heires for ever to bee improved for his maintenance by his mother till hee bee of yeares to choose a guardian, & the third assigned to the Grandmother is Setled upon the Childe left by John Bowers junior & his heires for ever after his grandmothers decease.

    Meares his Guardians

    Vpon request of John Meares Son of John Meares of Boston sometime since decd The Court appoints Deacon Robert Sanderson & his uncle James Meares to bee his Guardians to looke after what Estate belongs to him.

    Wadsworth his Estate Setled

    For a division & Setlement of the Estate of the late Captn Samuel Wadsworth of Milton decd amounting according to Inventory to twelve hundred pounds cleere Estate: The Court Settles upon Abigail his Relict the Summe of three hundred pounds to bee paid out of the Estate to bee at her dispose & the remainder to bee distributed amongst the eight Children left by sd Wadsworth as followeth. To Recompence his eldest Son the summe of two hundred pounds, and to Ebenezer Christopher, Timothy, Joseph, Benjamin, Abigail & Jno Wadsworth the Summe of one hundred pounds apeice & in case of the death of any of the sd Children before they come of age to enjoy theire Estate, the portion assigned unto him so dying, to bee equally distributed amongst them that Survive the Estate to bee set out to the Sons at twenty one yeares of age to the daughter at Eighteen yeares.

    Boston under a penalty

    The highway by Thomas Edwards’s in Boston being presented as insufficient & not passible after a raine: The Court orders the Select men to see it bee amended between this & the next Court of this County under the penalty of five pounds.

    Roberts admonish’t

    Abigail Roberts presented for excess in her apparrell & living from under Govermt Severall of the neighborhood appearing & witnessing that Shee lived in Service & had reformed in her apparrell: The Court admonish’t her, ordered her to pay fees of Court & discharged her.

    Bartholmew dismis’t

    William Bartholmew presented for concealing curseing The Court received his answer & dismis’t him.

    Hill & White presented

    Thos Hill & Jsaac White being presented for haunting of alehouses & mispending theire time & Estate: The presentmt not being proved fell.   [411]

    Naponsett bridge ordered to bee repaired

    The Bridge over Naponset River being presented as insufficient The County Treasuror is ordered to see it bee repaired by the next Court of this County.

    Wright Sentenced

    Alice Wright being charged by her Master Daniel Turill junior for stealing from him severall parcells of mony & goods as by her own confession & testimony produced did appeare, Shee having laid out a considerable Summe of mony & bought herselfe costly apparell unbeseeming her ranke, which were found with her and forgeing many pernitious lyes & Letters, the cloathing & other things found with her amounting to Fourteen pounds Four Shillings three pence by apprizement: The Court Sentenced her to bee whip’t severely with thirty Stripes & to pay unto her Mar Turill treble damages according to Law & to pay Fees of Court standing committed etc.

    Woodie his Estate Setled

    The Court Settles the Estate left by the late Richard Woodie of Boston decd who dyed intestate upon Sarah his Relict for her own maintenance during her life and bringing up of her Children and at her decease to bee distributed amongst his Children.

    Sharp his Estate Setled

    For the Setlement of the Estate of the late John Sharp of Muddy River decd who dyed intestate The Court assignes to Martha the Relict of sd Sharp one hundred pounds to bee paid out of the sd Estate and then the remainder to bee divided into Six parts among the five Children left by sd Sharp; the eldest Son to have two parts thereof as his double portion and the other four Children to have single portions; and in case of death of any of the sd Children before they come of age to inherit theire Estate i.e. the Sons twenty one & the daughters eighteen yeares, then the portion of him or her so dying to bee equally divided among the Survivors the widdow to have the improvemt of the whole Estate for the bringing up of the Children & to pay them out theire portions as they come of age.

    Alcocks Guardian

    Palsgrave Alcock appeared in Court & made choise of Captn John Hull to bee his guardian which hee accepted; likewise to bee guardian to Elisabeth Alcock; The Court approving thereof.

    Minot his Guardian

    Stephen Minot Son of the late John Minot of Dorchester appearing in Court made choise of Henry Leadbetter of Dorchester to bee his guardian; which the Court approved of, understanding the sd Leadbetter was willing to accept thereof.

    Matson presented

    Thomas Matson prison keeper being presented for not keeping in his custody Quakers or persons taken at a Quakers meeting according to that Law page. 34. Sectn 4.6 committed to him by James Hill Constable by a warrant from the Deputy Govr The Court having heard what hee alleaged for him & produceing an order from the Deputy Govr to release them upon bond dismis’t thesd Keeper. [412]

    Meadore Fined 40s

    John Meadore bound over to this Court to answer the complaint of Samuel Allice for nayling up his Shop windows & Saying who durs’t undoe them: The Court having heard and considered what was presented in the case, do Sentence him to pay Forty Shillings in mony fine to the County charges of prosecution & Fees of Court standing committed &c.

    Morrice Sentencd

    Ellin Morrice wife of Dorman Morrice being charged by Daniel Turell junior for receiving of Stoln. goods from alice Wright Servant unto the sd Turill & concealing of them, Shee being Sent for by the Court, appeared & owned that the sd Wright kep’t her box of Linnen at her house, and that Shee had at severall times received peices of Meate & bread from the sd Alice The Court Sentenced her to bee whip’t with ten Stripes.

    Stretton & Kemble admonish’t

    Bartholomew Stretton & Thomas Kemble being complained of for frameing & writeing of severall Letters for Alice Wright being full of pernicious Lies & Slanders: Stretton appeared and owned that hee did write those Letters produced in Court; but sd it was by the sd Alice her dictates: Kemble also appeared and owned that hee wrote one letter then produced but said it was from a Coppie the sd Alice brought him The Court admonish’t them and ordered them to pay Fees of Court.

    Kingman Fined & bound to the behavior

    Edward Kingman presented for Idleness, neglect of his calling and given to excessive tipling and drunkenness; which hee owned in Court & promised reformation, it being the Second conviction The Court Sentenced him to pay twenty Shillings in mony as a fine to the County and to give in ten pound bond with Sureties for his good behavior during the pleasure of this Court and to pay fees of Court standing committd etc. and to pay the Constable three Shillings for bringing of him down accordingly the sd Edward Kingman and John Kingman bound themselves jointly and Severally in the Summe of ten pounds in mony unto the Treasr for the County of Suffolke on condition the sd Edward Kingman shalbee of good behavior during the pleasure of this Court.

    Gillam Sentencd

    Joseph Gillam being complained of for Strikeing & woundeing of John Bailey Servant to Richard Wooddee, whereby hee hath been disabled for doing his Master any Service about a month: The Court having heard and considered the pleas and Evidences in the case, do Sentence the sd Gillam to pay twenty Shillings in mony as a fine to the County and to pay the Chyrurgion for his cure, to pay the sd John Balley twenty Shillings in mony and to his Master Richard Wooddee eight Shillings in mony per weeke for loss of his time from the time of his being wounded untill hee able to worke again and to pay Fees of Court and charges of prosecution Eleven Shillings Six pence.

    The Court adjourned till munday the. 6th of novr 1676. at one a clock. [413]

    Novr 6th [email protected]

    The Court met according to Adjournmt

    Present

    • Jno Leverett Esqr Govr
    • Edward Tyng Esqr
    • Simon Bradstreet Esqr
    • Thomas Clarke Esqr
    • Joseph Dudley Esqr

    [Mary and Hugh Drury Sentenced]

    Mary Drury being presented by the Grandjury for leaving the fellowship of her husband, The Court sent for her & likewise for Hugh Drury her husband; Shee owned the presentmt The Court having considered of what they alleaged one against the other, do Sentence them to pay Fifty Shillings apeice in mony as a fine to the County, and each of them to give in bond with Sureties of thirty pounds apeice for theire good behavior especially one toward another untill the next Court of Assistants and then to appeare and to pay Fees of Court standing committed &a

    [See Records of Court of Assistants, i. 91, where the Drurys were enjoined “to live together . . . as man & wife”; and Mary’s presentment in the session of 31 July, 1677, for inability to do so, p. 837, below.]

    Committee for Jno Paines Estate

    mr Anthony Stoddard mr John Joyliffe & mr William Tailor are appointed Commissionrs to receive the claimes of the Creditors to the Estate of mr John Paine; The Creditors to give in theire claimes by January Court next, the sd Commissionrs to make return to that Court.

    The Court adjourned to Novr 13o 1676.

    Novembr 13o [email protected]

    The Court met according to adjournment.

    Present

    • John Leverett Esqr Govr
    • Edward Tyng Esqr
    • Simon Bradstreet Esqr
    • Thomas Clarke Esqr
    • Joseph Dudley Esqr

    [Order to Joyliffe]

    Vpon the motion of Elisabeth Vicars late widdow of mr Richard Price decd craving the benefit of the law respecting her thirds of a house & Land in Boston; which was alienated by her sd husband Price in his life time unto mr John Joyliffe Shee not having given up her thirds: The Court Orders mr Joyliffe to Set out to the sd Elisabeth her thirds of the sd Estate; or else the Court will appoint a Committee for that end.

    Committee for Atkinson’s Estate

    Captn Thomas Clarke & mr John Vsher are appointed and impoured by the Court, to bee Commissionrs for the taking in of the claimes of the Creditors to the Estate of Theodore Atkinson junior decd the sd Creditors to give in theire claimes to the sd Commissionrs by January Court next, & the sd Commissionrs to make the return to that Court.

    Turnor Clerke of the Writts

    The Court appoints Ephraim Turnor to bee Clerke of the Writts for the Town of Boston during the pleasure of this Court.

    Order to Everill

    Ordered that mr James Everill bring in what mony hee hath in his hands belonging to the Estate of the late Ephraim Pope decd & deliver it to the Clerke of the Court and that thereupon Joseph Belknap deliver up his bill.   [414]

    Williams & Hake Sentencd

    John Williams and Richard Hake Butchers being complained of by James Harris for abuseing of him in bad language & throwing theire offel out of theire Shop into his wheelebarrow among his meate as hee was driving it through the Town for Sale: The Court admonish’t the sd Williams & Sentenced the sd Hake to pay Five Shillings in mony to James Harris & both to pay Fees of Court.

    mrs Davenports Liberty

    The Court grants liberty to mrs Abigail Davenport Relict of mr John Davenport late Clerke of the Writts decd to imploy some meete person to take an account of all such births marriages and deaths as were not brought in to her sd husband (by the Jnhabitants of Boston) during the time of his being in office unto this day, and to demand and receive pay for the same making a return of the same unto the Clerke of this Court.

    The Court dissolved.

    Herris to Mackcloathland

    Thomas Herris personally appeared before Simon Bradstreet & Thomas Clarke Esqrs assists Novembr 23o 1676. and confessed judgement against himselfe & Estate unto Duncan Mackloathland for twenty Seven pounds in mony according to bill on file.

    as attests. Jsa Addington Cler

    Crevet to Oliver

    Mordecai Crevet of Salem marrinr personally appeared before John Leverett Esqr Govr & Edwd Tyng Esqr assist. January. 24o 1676/7. and confessed judgemt agt himselfe and Estate unto Capt James Oliver for three pounds two Shillings and Six pence in mony according to account

    as attests. Jsa Addington Cler   [415]