At a County Court held at Boston January. 30th [email protected]

    Present

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

    Grandjury Sworn

    • Capt Ri: Bracket
    • Hugh Clarke
    • Caleb Beale
    • Jno Search
    • Joseph Griggs
    • Geo: Lane
    • Jno Anderson
    • Tho: Tileston
    • Tho: Fuller
    • Abel Porter Senr
    • Timo Mather
    • Edwd Richards
    • Robt Walker
    • Tho: Swift
    • Samll Bullen
    • Jno Maryon
    • Jno Shaw

    Jury of Tryalls Sworn

    • mr Henry Deering
    • Henry Leadbetter
    • Tho: Lincoln
    • Wm Whitwell
    • Jno Baker
    • Tho: Metcalfe
    • Jno Mayo
    • James Tucker
    • Nathanll Gay
    • Samll Crafts
    • Jno Bicknel
    • Jno Pratt

    [Davenport v. Hall]

    Elisabeth Davenport Relict & Admx to the Estate of the late Captn Nathaniel Davenport decd plaint. agt Richard Hall (part Owner and late Merchant of the Ship Nevis Factor) Deft in an action of debt of two hundred and Fourteen pounds wch the sd Hall tooke up & borrowed of the sd Nathaniel Davenport upon the bottom of sd Ship; which should have been paid at Jamaica in currant mony of sd place, as may appeare by two writeings or Obligations under the hand of sd Hall having reference one to the other with all due damages according to attachmt Datd Augo 24o 1676. . . . The Jury . . . found for the plaint. two hundred & Fourteen pounds mony according to bond & costs of Court twenty nine Shillings eight pence.

    Execucion issued. 5o Febry 1676.

    [Davenport v. Hall]

    Elisabeth Davenport Relict & Admx to the Estate of the late Captn Nathaniel Davenport decd plaint. agt. Richard Hall (part Owner and late Merchant of the Ship Nevis Factor) Deft in an action of the case for an Account with the proceeds of a parcell of goods loaden upon sd Ship & consigned to sd Hall at Jamaica as may appeare by bill of Loading under the hand of Samuel Davis then Master of sd Ship to the value of One hundred and Forty pounds ten Shillings first cost with all due damages according to attachmt datd august 24o 1676. . . . The Jury . . . found for the plaint. due upon the Sale of goods One hundred and Eighty pounds twelve Shillings Jamaica mony & costs of Court allowed.

    The two abovewritten actions were tryed at the last County Court, but judgemt not entred untill this Court according to Law.

    Tyng agt. Searle

    Edward Tyng Esqr plaint. agt. Colonel Daniel Searle Deft in an action of debt of three hundred & thirty pounds in mony or thereabouts due by booke with all due damages according to attachmt datd October. 26o 1676. . . . The Jury . . . found for the plaint. three hundred thirty three pounds Fourteen Shillings & eleven pence in mony & costs of Court allowd twenty six Shillings six pence

    This action was tryed the last Court but judgemt not entred untill this Court according to law.

    Execucion issued may. 19o 1677.   [416]

    Harris agt. Sandiford

    William Harris plaint. agt. Henry Sandiford Deft The plaint. withdrew his action.

    Squire agt. Hudson

    Phillip Squire plaint. agt. Samuel Hudson Deft. in an action of the case on debt for not paying the sd Squire the Summe of Nine pound in mony for beere sold & deliurd the sd Hudson by the sd Squire this present yeare with all other due damages according to attachmt dated novr 18o 1676. . . . The Jury . . . found for the plaint. nine pounds in mony and costs of Court Sixteen Shillings eight pence

    Execucion issued Janry 31o 1676/7

    Waldron agt. Marshall

    Jsaac Waldron plaint. agt. Captn Tho: Marshall Deft in an action of the case for detaining & keeping from him two Cows and one heifer without any Legall right or title to them which were taken off from his Farme sometime in October. or November. last whereby the sd Waldron is damnified Eight pounds in Silver and all other due damages according to attachmt datd January. 6th 1676. . . . The Jury . . . found for the plaintife the two Cows and heifer Sued for or Eight pounds in Silver with costs of Court: The Defendt appealed from this judgemt unto the next Court of Assistants and himselfe principall in Sixteen pounds and Robt Brimsdom & John Flood as Sureties in £.8. apeice bound themselues respectiuly . . . on condition the sd Tho: Marshall should prosecute his appeale . . .

    [This and the four subsequent cases arose out of a misunderstanding, wilful or otherwise, as to the ownership of the cattle on Bennett’s Farm in Lynn, which Isaac Waldron leased. The following papers give an outline of the events.

    S. F. 1569.1

    To the Constables: of Boston: Rumni marsh, Lynn or of any Towne in the Massachusetts Colonie

    Whereas Complainte is made by mr Jsaac Waldron, hath Severall Cattle viztt Three Oxen, Two Cowes and two heifers taken off from his farme Called Bennets farme, These are in his Majesties name to require you in your severall precincts to Search for the said Cattle, and them findeing you are to Seize & bringe Such person or persons with whome you finde the Cattle or any of them, before authority that they may answer the Complainte of the Said Jsaac Waldron, according to Law, hereof you are not to fayle & you are to make returne what you do herein, Dated in Boston [2d] Decembr 1676

    John Leverett Govor

    The Returne

    Dated the 6th of December. 1676

    According to this warrant J have Seized Vpon an Oxe which J found in Joel Jenkins keeping, which the Said Jenkins had taken to winter for the Said Bennet, and have Summoned the said Jenkins to appeare before your Worship

    By the Constable of Maulden

    John Floyd

    Vera Copia attestr Jsa Addington Cler

    S. F. 1569.13

    These may Serve to Lett you vnderstand that J have found all the Cattle mentioned in the warrant Except one, vizt at Capt Marshalls three, att William Bassett two, and William Edmunds acknowledged to me to have another all which men J have now brought before authority and they have Severally bound themselves that the Cattle shall be forth Comeing, according to Command of authority as attests

    Clement Coldome Constable

    Decembr the 8th 1676

    Vera Copia attestr Jsa Addington Cler.

    S. F. 26181

    John Floyd Constable of Maulldjng his bjll of Charge Agajnst mr Walldren for Searchjng for & Zeaseing of An Oxx in he hands of Joell Ginkins, by vertue of A Spetjall Warrant of the Honred Gouerner Leuerett graunted out by vertue of Which ye saide Ginkens was brought before ye Worshipfull Symond Broadstreet Esqujer in which hee Spent. 3: dayes tjme —2:s aday — — is 00–06–00

    Allowed by ye Court ERS

    S. F. 1569.17

    The Testimonie of John Shaw aged forty foure yeares or thereabouts Sworne Saith, that about the Twelfth of this instant January J being at the house of mr Waldron in Boston, J did heare mr Waldron Say, that he did Showe mr Bennet the Cattle, & bid him to take them, and did bid his man to helpe mr Bennet out of the Orchard with them, and these are the Cattle that are now in Controversy, that mr Waldron hath arrested Captn Marshall, Serjeant Bassett Goodman Jenkins Goodman Edmonds, as mr Waldron did tell mee and further Saith not,

    Sworn in Court January 30th 1676

    as attests Jsa Addington Cler

    Vera Copia attestr Jsa Addington Cler

    S. F. 1569.20

    Aphra Bennet aged about Thirty five yeares testifyeth and Saith that She hath heard her father mr Samuell Bennet Say Severall times that Benjamen Mussey & John Floyd did advise and Jncouridge and also did helpe him, to take away Mr Waldrons Cattle, from offe his farme, and that the Said Benjamen Mussey & Floyd hope him to drive them from the farme to Old Chaddock[s] and also that Benjamen Mussey told him, that the Cattle was his, and that he might do it well Enough, and that he the Said Benjamen Mussey would warrant it, furthermore Mr Samuel Bennet Said that because that Mussey was thought to be a Subtle Lawyer by others he the said Samuel Bennet thought so too, Therefore he tooke his advice and did with their assistance, as abouesaid, and further he said that Except the abouesaid Mussey & flood had Urged him to it, he would not have done it, and also without their assistance he Could not have done it, and further Saith not.

    Taken vpon Oath this 29th of December 1676

    before me Thomas Brattle Commissr

    Vera Copia attestr Jsa Addington Cler.

    S. F. 1569.26

    The Deposition of Benjamen Muzzy Aged forty Six yeares or thereabouts Sworne Saith, That J being at Boston about Six or Seven weeks agone John Floyd of Maldin being present with mee, we Saw mr Bennet who did disire vs to goe alonge with him to mr Davenports, to Search the Records & to gett an attachment for his Son John Bennet, for Said mr Bennet my Son hath a parcel of Cattle of mine, which he hath nothing to do withall & J am resolved to arrest him for them, J asked mr Bennet if he had not given them or Sould them, or Lett them vnto his Son, & he replyed, that he had not, J told him that J did vnderstand, that mr Waldron had hired the Cattle with the farme, he then did absolute affirme, that neither mr Wa[ldron] or his Son had any thinge to doe with them, for the Cattle were his and he would have them, J told him that if they were his Cattle his best way in my apprehension was to goe & Speake with mr Waldron, for Said J if he will give you leave to take the Cattle, and the Cattle be your owne, you have no neede to Sue your Son for them, & he did then intreate vs to goe along with him to Mr Waldrons house, & accordingly wee did & when we Came thither he spake to Mr Waldron about the Cattle & tould him the same Story as he had told vnto vs, about arresting his Son for his Cattle: Mr Waldron told mr Bennet that the best Councel he Could give him was to goe over to the farme & take away the Cattle, and then lett your son Sue you for the Cattle, J replyed that it may be if mr Bennet should take away the Cattle, whether mr Waldron were willinge or not, he Said he was willinge with all his heart, J said it may be that he would Sue mr Bennet if he should take them away, Mr Waldron did then promise that he could not Sue anybody about the Cattle for said mr Waldron, J shall gett by it, for J have had the vse of them all this Summer & shall Save the wintringe of them, but Said mr Waldron when the Cattle be gone, J will Come vpon Elisha, when he Cometh from Sea, for my bargaine because his father hath fetched away the Cattle, & J will make him pay dammage & this discourse it was on a Satturday & they did appointe the next seccond day following both of them to Come over to the farme, & desired vs to meete them there, and accordingly they did both mr Waldron & mr Bennet Came to the farme, and mr Waldron bid mr Bennet to take [torn] & what else that was his, but there wanted two Oxen, which mr Waldron sai[d] was gone in his teame, to his owne farme, and said he, J will goe & send them downe, and he tooke horse, soone after the Oxen were brought down by Goodman George, and he Said mr Waldron ordered him to deliver them to Mr Bennet,

    William De[l]ow & Bryan Berreden, doth testifye to the truth of all in this paper, written, Excepting the discourse, that mr Waldron mr Bennet John Floyd, & Benjamen had at Boston, in the beginning of the Testimonie. which is about ten lines, We also doe testify that mr Bennet did tell mr Waldron, that the Jron doggs Standing by the fire were his, and did take hold of them, and mr Waldron bid him take them away, and mr Bennet, did take them out of the house, and these Jron doggs are the doggs, which mr Waldron hath arrested Benjamen Muzzy for, to the Commissioners Court next in Boston

    Taken vpon the Oathes of John Floyd Benjamen Muzzy William Dellow, and Bryan Berreden this 8th of Decembr 1676 before me

    Simon Bradstreet Assist

    Affirmed in Court January. 30th 1676/7 by all the within named persons, vpon former oath, as attests Jsa Addington Cler

    Vera Copia attestr Jsa Addington Cler.

    Only a fragment of Marshall’s Reasons of Appeal survives, in S. F. 162159.2. Waldron’s Answer (S. F. 1569.10) denies that Marshall took the cattle with Waldron’s consent or knowledge, and continues:

    . . . And the Appealant Receiving my Cattell, after J had lost them, and possessing the[m] when the warrant was Jssued forth, and my Cattell being found in his hands, yt was the Cause, and reason, why he was apprehended, and brought before Authority, and not by any particular Complaint J made against him, And whereas the appealant, would make it Seem a Strang Judgment, by mentioning 8li in mony, the Judgment was, J should have my Cattell againe, or else 8li in money, by which the appealant may keep his 8li money, and that J might have my Cattell againe, which J humbly Conceive is no other, but a Just, and honest, Judgment, against the appealant

    2 J Answer Neither the Appellant, nor Mr Samuel Bennet, who Delivered my Cattell to the Appealant, had ever any Legall right or title to them, since the [torn] was borne, And that the appealant did not buy them, Legally, it appears by law page 147 (Title tolling Cattell) its there said, yt all Cattell, bought of any person, shall be entred in a toll Book by the Clark of the writts, with their Age, Colour, and marks, at the perrill of the buyer, with the name of the Seller, and the seller shall have two vouchers, to testifie the Seller, to be the proper owner of the Cattell Sold, So yt the Cattell being not told, no[r] vouchers, nor owner of the Cattell being being present, J humbly Conceive Could not be Legally Sold, for the Law will not allow one man, to pay his Debts, with anothers Cattell, Therfore J humbly Conceive, it doth appear, no other, but a Just, and honest, Judgment against the appealant

    3 J Answer Mr Samuel Bennet, whom the appealant pretends sold them, never owned them, So yt from him, needs no Conveyance to his Son, who bread the Cattell, the Appealant hath of mine. And whereas they say there was but one Witness Sworn to the deed, of Gifft for the Cattell, J Answer it was because the other Wittness was dead, therefore Could not be obtained in which Case one Wittness is Sufficient, and whereas the appealant saith, the Grant of the Cattell is Conditionall, J Answer it is absolute, in Respect to the Cattell as per deed appears, though Conditionall in Respect to ye vtensells, therein mentioned, but in this Case it values not, because he yt sold them, never [Owned] them, Therefore J humbly Conceive yett it appears, no other; but a Just [and] honest Judgment, against the appealant

    After detailed comment on the testimony of Marshall’s witnesses, Waldron proceeds:

    Again J Answer J prosecuted the appealant, according to my Complaint as J Judged according to his Desert, according to the Bond, and According to the Worshipfull Mr Broadstreet his Order, yt made the bond, for J was so fearfull of Affending authority, yt J Would not trust to the bare Letter of the bond, but intreated the Authority abovesd to tell me, how J was to prosecute them, his Answer was, in Civill Actions and that it was my best way so to do, and withall he told me there was but one bo[u]nd, as per bond appears, Therfore saith he, yow must Summond them or Attach them, or else they will not Come, by which it appears, yt they was not looked upon, as persons guilty of any Criminall fact, So According to my order, or Command from Authority, J Attached them all, that they might Come, and Cast them all, as will appear, So yt as yet it appears a Just and honest Judgment, As J humbly Conceive, against the Appealant

    Againe J Answer, that Whereas the appealant saith, yt J should say, that Mr Saml Bennet would Swear any thing for a pint of Liquor, J absolutely deny it, for J never did Speak it, But this J Confess, J did say, yt Mr Samuel Bennett, would sell anything, for a pint of Liquor, And that J suppose most of his Chapmen, that use to Deal with him, knows it to be true, if they do not, his poor Wife, and Children do.

    Waldron denies that he ever sent for Mussey or Flood to come and see him and deliver any cattle to any person whatsoever.

    Againe J Answer, whereas the Appealant pretends, he detaineth not my Cattell [torn] the law, J Answer as at first, yt he detaineth them, and not the law, and though he preten[ds] he was bound, yt the Cattell by him, should be forth Coming etc there was no bond drawn, Therefore he was not bound, as doth appear, So yt J Answer, what Clement Coldam saith, may be true, But what he Swears, must be the truth, ye whole truth, and nothing else, Therefore it plainly Appears, the Appealant detaineth my Cattell Wittness Clement Coldams Evidence upon oath the verdict of the Jury, and Judgment of the Court etc, Therefore J humbly Conceive, that it will yet Appear no other, but a Just, and honest Judgment, against the Appealant

    In the Court of Assistants (Records, i. 78) the former judgment was confirmed, with 36s 8d costs.

    See also the four following cases.]

    Waldkon agt Bassett

    Jsaac Waldron plaint. agt William Bassett Defendt in an action of the case for detaining & keeping from him two Oxen without any legall right or title to them woh was taken off from his Farme called Bennets Farme somtime in October. or Novembr last whereby the sd Waldron is damnified Seven pounds in Silver and all other due damages according to attachmt datd January. 6th 1676. . . . The Jury . . . found for the plaintife the two Oxen Sued for or in defect thereof Seven pounds in mony and costs of Court. The Deft appealed from this judgemt unto the next Court of Assistants and himselfe principall in Fourteen pounds & Jno Bateman & Jno Flood as Sureties in £.7. apeice bound themselves respectiuly . . . on condition the sd Wm Basset should prosecute his appeale . . . [417]

    [See the last case above. Bassett’s Reasons of Appeal (S. F. 1569.12) add little to what has been said in Waldron v. Marshall; but one extract from them is interesting in connection with Marshall v. Waldron, later in this session:

    . . . Sd Catle w[ere] formrly Seized by the Constbl of Lyn. And ye Appelt bound to se the sd. Catle forth Comming at the Commd of Authorities: as appears by sd Consbl Coldams Certificate: dat decembr 8th: which was done by vertue of a speciall warrant which was obtained by sd. waldren from the Honord Gournr as if they had been taken off sd farme without his Knowledg or Consent in a felonius way. And ye Honord Gournr did in open Court declare that by sd waldrens Jnformacion to him he vndrstood sd Catle to be taken feloniously: And ye Appelts person was Apprhended & Carried before Authoritie as a Fellon to my Great discredit & dammag and vppon the hearing of ye case ye sd waldrn was bound to prosecute [agt] me at ye last Countie Court at Boston in a Crimall case & J was bound to Answr. But sd waldren did not prosecute According to sd bound.

    Waldron’s Answer (S. F. 1569.11) is similar to that in the previous case. He was sustained by the Court of Assistants (Records, i. 78).]

    Waldron agt Jenkins

    Jsaac Waldron plaint. agt Joel Jenkins Deft in an action of the case for detaining and keeping from him one Oxe without any Legall right or title to him which was taken off from his Farme called Bennets Farme somtime in Octobr or November, last whereby the sd Waldron is damnified four pound in Silver and all other due damages according to attachmt datd January. 6th 1676. . . . The Jury . . . found for the plaintife the Oxe Sued for or Four pound in mony & costs of Court. The Defendt appealed from this Judgemt unto the next Court of Assistants & himselfe principall in Eight pounds & Captn Tho: Marshall & Jno Flood as Sureties in £.4. apeice bound themselves respectiuely . . . on condition the sd Joel Jenkins should prosecute his appeale . . .

    [See the second case above. Waldron’s answer to Jenkins’ Reasons of Appeal is in S. F. 162160.1. Waldron was sustained in the higher court — Records of Court of Assistants, i. 78.]

    Waldron agt. Edmunds

    Jsaac Waldron plaint. agt William Edmunds Deft in an action of the case for detaining & keeping from him one heifer without any legall right or title to her which was taken off from his Farme called Bennets Farme somtime in October. or November. last, whereby the sd Waldron is damnified Forty Shillings in Silver & all other due damages according to attachmt datd Janury 6th 1676. . . . The Jury . . . found for the plaintife the Heifer Sued for or Forty Shillings in mony & costs of Court: The Defendt appealed from this Judgemt unto the next Court of Assistants and himselfe principall in Four pound & Benjn Muzzey & Samuel Edmunds as Sureties in Forty Shillings apeice bound themselues respectiuly . . . on condition the sd Wm Edmunds should prosecute his appeale . . .

    [Waldron’s answer to Edmunds’ Reasons of Appeal is in S. F. 162160.2. This case was disposed of in the same way as the three previous ones. But Waldron later heard from these four defendants. See Marshall v. Waldron later in this session, below, p. 783.]

    Waldron agt. Muzzey

    Jsaac Waldron plaint. agt Benjamin Muzzey Deft in an action of the case for detaining a paire of irondoggs or andirons that were taken out of the Farme house of sd Waldron whereby hee is damnified the value of three pound with other due damages according to attachmt datd January first. 1676. . . . The Jury . . . found [418] for the plaintife the Iron doggs Sued for or Forty one Shillings mony and costs of Court: The Defendt appealed from this judgemt unto the next Court of Assistants and himselfe principall in Four pound & Captn Tho: Marshall and Jno Flood as Sureties in Forty Shillings apeice bound themselves respectiuely . . . on condition the sd Benjn Muzzey should prosecute his appeale . . .

    [See the cases immediately preceding, especially Waldron v. Marshall. It will be remembered that Aphra Bennet, in her testimony in that case, reported that Mr. Samuel Bennet said that Muzzey “was thought to be a Subtle Lawyer.” The following document (S. F. 1569.18) seems to belong particularly to this case:

    William Deloway aged about fifty yeares, Testifyeth and Saith that he was present when mr Bennet tooke a paire of Jron Doggs or andirons out of Mr Waldrons farmehouse, and he heard Benjamen Muzzy Say to mr Bennet, Come bringe them out, & mr Bennet desired him to helpe him Muzzy Replyed he would not touch them, till they was in the kings high way. and that Mussy Said was three pole, so that Mussy paced over the way, and after Saide bringe them, and Sett them by this rock & J will rec[eive the]m [and] accordingly he did by the rock receive them of mr Bennet, and mr Wald[ron] not then present, & further Saith not

    Sworn in Court Janry 30: 1676

    as attests Jsa Addington Cler

    Vera Copia attestr Jsa Addington Cler.]

    Robinson agt Rock

    Thomas Robinson Son to Thomas Robinson decd plaint. agt Joseph Rock Execr to the last will & Testament of Tho: Robinson decd Defendt The plaint. withdrew his action.

    Robinson agt Rock

    Thomas Robinson Son to Thomas Robinson decd plaint. agt. Joseph Rock Defendant. The plaintife withdrew his action.

    Winthrop agt. Paines Estate

    Wait-still Winthrop one of the Execrs of the last will of John Winthrop Esqr decd in behalfe of himselfe and the rest of the Execrs plaint. agt the Estate late of John Paine Decd The plaint. in failure of a Defendt and of giving legall Summons was nonSuted.

    Farnum agt Scarlett

    John Farnum Senior Miller plaint. agt John Scarlett Execr to the last will of Captn Samuel Scarlett Deft The plaint. withdrew his action.

    Williams agt. Woodbridge

    Nathanael Williams of Boston assigne of Capt Wm Gerrish of Newberry plaint. agt Thomas Woodbridge Defendt in an action of the case for witholding the summe of Five hundred pounds in mony, it being the Forfiture of an Obligation under his hand & Seale bearing date the .7th of Septembr 1676. by his not observing & performing the award of the Honord John Leverett Esqr Thomas Danforth & William Stoughton Esqrs Capta Nathanael Saltonstall & mr John Hubbard under theire hands and Seales bearing date the .30th of Septembr 1676. according to the condition of the sd Obligation, being Arbitraters by them mutually and indifferently chosen with all other due damages according to attachmt datd January 16o 1676. . . . The Jury . . . found for the plaintife Five hundred pounds in mony the Forfiture of the bond Sued & costs of Court. The Defendt appealed from this judgemt unto the next Court of Assistants & himselfe principall in one thousand pounds and Daniel Boarman & Jno How Sureties in £.500. apeice bound themselves respectiuely . . . on condition the sd Tho: Woodbridge should [419] prosecute his appeale . . .

    [The award of the arbitrators (S. F. 1554.1) was for Woodbridge to pay to Gerrish 186l 17s 3d within thirty days or forfeit 50l extra. A copy of the bond of arbitration, for 500l, is in S. F. 1554.3. The decision seems to have turned on numerous technical considerations, to judge from the number of attachments, summonses, etc., that are among the papers, and from the following depositions.

    S. F. 1554.4

    The Deposition of Stephen Swett and Mary Parker who testifyeth on oath, that Marshal Skerry Came to mr Thomas Woodbridges house on Satturday last, which was on the Twentieth day of January Jnstant and after a little while mr Woodbridg gave the Marshal, a dram of rum and asked him whether he Came for him. he answered, yes, So mr Dudley Broadstreet asked the marshal, whether or no, that was a ticket in his hand, Soe he gave it to mr Broadstreet, and he looked over it. but the Marshal did not reade it to mr Woodbridg, neither did the Marshall say he did arrest mr Woodbridg, but mr Woodbridg Jmmediatly went vp in the Chamber and Locked himselfe vp in the Chamber & kept Close all that day, Soe that we doe affirme that the Marshall did not arrest him that day, we being in the abovesd Woodbridges Company, all day, further we Testifye that afterward the Marshall Sought to finde him to arrest him, but Could not finde him in Newbury for he went out of towne

    Jan 25 1676

    Sworne the 27: 11th mo 1676 before me

    Samuel Dalton Commissr

    S. F. 1554.7

    J Joseph Pike of Newberry Constable, doe hereby testifie and affirme that before Salem Court which was in June last, J did arrest mr Thomas Woodbridges person, his house Shop & Some goods in it by virtue of a warrant from Captaine Gerrish, and to my knowlidge the abouesd Woodbridg was neuer Cleared by mee to this very day, but yet stand prisoner on the Capts account, neither would the Capt giue leave to mee the Subscriber to release him the abouesd Woodbridges person or Estate, but on that account J haue keep the key of the abouesd Woodbridges Shop to this very day, further J doe Testifye: that once mr Tho. Woodbrid[ge] was Carried to prison by mee on the account of Capt Gerrish before Jpswich Court in march Last, and farther J say not

    26 January 1676

    By mee Joseph Pike Constable

    . . . true Coppie . . . Jsa Addington Cler.

    The nature of Woodbridge’s Reasons of Appeal, which have not been preserved, is indicated by Williams’s answer thereto (S. F. 26681):

    Nathll Williams Assignee of Capt. Wm Gerrish his Answer to Tho: Woodbridg his Reasons of Appeal

    Although the Plantiffe, in his Prologue to his pretended Reasons would Speciously intimate, that he doth not delight in Contention; yet J am Confident he Can not Easily induce Such as know him, to beleive hee Speakes true, unlesse his words & actions held better Correspondency one with: the other J doubt not but the Court & Country will will Evidently See his Fallaciousnesse, Jf wee trase him in his supposed following Reasons: Wherein First he pretends the Bond Sued, obliging him to ye Award, was obteined [from] him by force, or Dures. which pretence or plea (although his great measure of Confidence doth usually Carry him beyond what modest men are ashamed to owne) yet I doubt not but the mention thereof will raise a blush in those yt are his freinds; when there are Soe many wittnesses, besides his owne hand & Seal, to testify against him; yt it was his owne Voluntary Choice & Submission; & did not in the Least proceed, from any motion or Argt from Capt. Gerrish but was first Spoaken of by his Freinds in open Court, & [the sd] C[apt.] by th[em &] others persuaded [did] Condescend thereunto; whence it [torn] plainly Evident, yt [his] Bond was not Extracted from him by any [Waye of] Violence, imprisonment, thretning, or any kinde of forcible Compulsion called Dures nor did he accot it Soe at the time of the Arbitration, nor make any plea in that kinde, but acknowledg[ed] himselfe bound by it, when the Actions were withdrawne, & the Efficasy of the Attacht by which he pretends himselfe a prisoner was wholly ceased But had Woodbridg his Bond bin a fraudulent Conveyance of an Estate to the sd Capt. for his Security, (as ye [Pltf] by his first Reason thought it was) no doubt but this Hond Court would have graunted him the priviledg of the Law.

    As to his 2d humble Conception; it proceeds from the weaknesse of his Judgment & apprehention (that no bond of Attribution can be assigned, nor no President given for Such a thing) Why [torn] did ye sd Woodbridg covenant wth Capt. Gerrish & his Assignes [neither] need we give a President thereof; we have a Law, which is of farr more force then Presidents, Lawbooke page (10) title Bills: wch Saith, that all debts, due upon Bill or other Specialty shall be as good to the Assignee as to the Originall Creditor, As to his Citing the Law against Assiging of Judgments, it is farr wide of our purpose, for there is no Judgement nor award Assigned, it is only the Assignment of a bond made to the Capt. & his assignes; & by our processe, its the assigned Bond or Specialty yt is sued for, according to the afore recited Law. had the money, graunted to Capt Gerrish by ye Award, been paid according to time, there had ben no Assigment of the Bond, nor any need of itt. Neither is there any award Assigned, nor any money demaunded thereupon, but the bond is only Assigned & that only Sued. & no incivility or Jnjury offered by the Defdt to make his Demaund by Attachment, of one who would not pay without. Although Awards are Judgts yet they are not Judgements of Court on which Execution may be graunted.

    3ly Jn his third preposterous Argument, hee verry much Contradicts himselfe in Saying the Capt. can not have any priviledg or benefitt by his Bond or Assignement, though of Validity, he being the first breaker thereof; As if the Capt. were capiable of Violating Woodbridg his bond. Capiat qui Capere potest. Wch obligation he Saith ariseth meerly from the observation of Conditions; Cujus Contrarium verum est; for the not performing of the Conditions is that which makes the obligation bindeing. And whereas he Saith Capt. Gerrish doth not stand to the Award it plainly appeares otherwise, by his accounting of it Valid & bindeing, and assiging the bond becoming due to him, by Woodbridg his nonperformance thereof; Neither did the Capt. [use] any unjust molestation to the Plantiffe, by Arresting of him [be]for the time of payment: as i[torn n]eed [we]re might, by the Co[mpar]ing of the Dates of the A[torn] of the Attacht, & of the marshalls Returne thereof appeare: [torn] were it soe that the Capt had broaken his bond, it were nothing to the Defendt nor to this Case

    The Appellant seemes to be grossley Jgnorant of the Law of practices of Courts, in pretending that, as a ground of his appeall the giving the whole forfiture & Costs of Court, which is almost an Everydayes practice. And as to his last poor & Lame refuge fondly presuming this Action not tryable in this Court, the due pereusall & Consideration of the Lawes Cited by himselfe, will manifestly Confute his Error therein; besides by a latter Law,7 then those cited by him, the Juries are now to determin Cases & their Verdict to Stand as a Judgment. These answers being Considered I hope it will Evidently appeare to this Honoured Court & Gentlemen of the Jury that Woodbridge hath forfeited his bond, and accordingly will See just cause to finde a Confirmation of the former Verdict for him Who is

    Your Honors humble Servant

    Nathll Williams

    At the hearing of the appeal, the jury of the Court of Assistants (Records, i. 83) handed down a special verdict, which gave that court two alternatives. The judges decided to confirm the former judgment, but chancered the bond to 240l 7s 3d. and 41s 10d costs.]

    Williams agt. Carver

    John Williams of Scituate plaint. agt Robert Carver of Boston Defendt in an action of debt of twelue pounds in mony due by bill under his hand bearing date the. 22d of February in the year. 1675. with all other due damages according to attachmt datd January. 22d 1676. . . . The Jury . . . found for the plaintife twelue pounds mony and costs of Court allowd thirty three Shillings two pence.

    Williams agt. Carver

    John Williams of Scituate plaint. agt Robert Carver of Boston Defendt in an action of the case for that the sd Carver hath not delivered to the sd Williams a Shallop named the John & Daniel with all such Furniture as hee received with her according to his receipt & obligation under his hand to doe bearing date the .27th of February 1675. which is to the plaintif’s damage about Forty pound and all other due damages according to attachmt datd January. 22d 1676. . . . The Jury . . . found for the plaintife his Shallop with all such Furniture as the Defendt received with her according to his receipt & obligation to bee delivered within two months next following and in default thereof to pay Forty pounds & costs of Court allowd Fifty Six Shillings eight pence.

    Oughtred agt Collacott

    Charles Oughtred Attourny to mr Tho: Thacher Senr & Margaret his wife plaint. agt Richd Collacot Defendt The plaint. withdrew his action.

    Sedgwick agt Rock

    Robert Sedgewick plaint. agt Joseph Rock Defendt in an action of the case for defameing the sd Sedgwick and his wife by declaring them at the County Court held at Charlestown in open Court to have taken a false Oath to the great damage of the plaint. & all other due damages according to attachmt datd January first. 1676. . . . The Jury . . . found for the plaintife One hundred pounds in mony in Six months or that the Deft make and acknowledgemt in open Court of his falsely accusing sd Sedgewick and his wife of perjury, to the Satisfaction of the Court within .24. houres when the Court is full & pay costs of Court twenty three Shillings 4d [420]

    Meader &a agt. Martin

    John Meader & William Tomlins plaint. agt Richard Martin Defendt in an action of the case for not paying to them or either of them the Summe of Fifteen pound in mony & Fifteen pound in English goods at mony price according to agreement under the hand & Seale of sd Martin bearing date the. 9th of October: 1675. and all other due damages according to attachmt datd xbr 23o 1676. . . . The Jury . . . found for the plaintifes Four pound mony and four pound goods at mony price & costs of Court; allowed twenty Seven Shillings four pence.

    Meader agt. Martin

    John Meader plaint. agt Richard Martin Defendt in an action of the case for witholding a debt of Four pound Sixteen Shillings & one penny in mony due for Carpenters and Boatswain’s store of the Ship whereof sd Martin is now master as appeares by receipt under the hand of Robert Sweet and all other due damages according to attachmt datd xbr 23o 1676. . . . The Jury . . . found for the plaintife Four pound Sixteen Shillings one penny one halfe mony and the other halfe goods at mony price and costs of Court twenty one Shilling eight pence allowd

    Phillips agt Long

    William Phillips Senior plaintife agt Mary Long widow and John Long Vintner or either of them, Executors of the last will of Robert Long decd Defendt The plaint. was non Suted in failure of process & costs granted the Defendts twelve Shillings four pence.

    Execution issued 4o 7br 1677.

    Johnson agt Curtis

    Francis Johnson plaint. agt Joseph Curtis Deft The plaint. was nonSuted in failure of process

    Allen agt. Emmons

    Bozoon Allen plaint. agt Obadiah Emmons of Boston Cordwinder Defendt in an action of the case for detaining in his hands and refuseing to give quiet and peaceable possession unto the sd Allen of a house & Land scituate and being in Boston neere the draw-bridge, wch hee is obliged to do by deed of Sale or mortgage under his hand & Seale bearing date the. 21. day of January 1675. the sd house and land being forfited unto him the sd Allen as wilbee made appeare by the sd deed with all due damages according to attachmt datd January .22d 1676. . . . [421] The Jury . . . found for the plaintife possession of the house & Land Sued for according to deed & costs of Court.

    Stoughton &a agt. Gilbert

    William Stoughton Esqr & Wm Brinsmead or either of them, they being both Executors to the last will & Testamt of mrs Justin Patten Relict of mr Nathanael Patten late of Dorchester in New-England plaints agt John Gilbert of Boston Tanner Defendt in an action of the case for refuseing to give possession of a certain house & Land in Boston according to the tenor of a mortgage made by the sd Gilbert unto mr Nathanael Patten aforesd bearing date the .16th day of March .1670, the sd house & Land being part of the Estate Setled upon the sd mrs Justin Patten by the act & order of the Honord County Court of Suffolke: together with interest after the rate of eight per Cent. ever since the date of the sd mortgage to this time and all due damages according to attachmt dated January .25o 1676. . . . The Jury . . . found for the plaintifs possession of the house & Land Sued for according to deed & costs of Court allowed thirty one Shillings.

    Execucion issued Febry 5o 1676.

    Pope agt Bradly

    William Pope plaint. agt Richard Bradley Defendt in an action of debt of Eleuen pound ten Shillings in mony due by booke with all other due damages according to attachmt datd January. 10th 1676. . . . The Jury . . . found for the plaintife Eleven pounds ten Shillings mony & costs of Court allowd twenty .5. Shillings 10d

    Execucion issued Febry .2d 1676.

    Green agt. Cox

    William Green assigne of John Watts plaint. agt John Cox of Boston Defendt in an action of the case for non payment of three pound in mony due by bill under the hand of sd Cox datd the. 12th day of this instant xbr and assigned the same day unto said Green by aforesd Watts with other due damages according to attachmt datd xbr 26o 1676. . . . The Jury . . . found for the plaintife three pounds mony & costs of Court allowd twenty one Shilling four pence.

    Execucion issued Febry 15o 1676.   [422]

    Goulding agt Stanford

    Peter Goulding plaint. agt Robert Stanford Defendt in an action of the case for not paying him four pound ten Shillings or thereabouts taken from him by Execution granted upon a judgemt against the sd Goulding obtained by John Nash as plaint. agt him the sd Goulding as Surety of the sd Stanford at a Commissionrs Court held at Boston on the. 16th day of May. 1671. & all other due damages according to attachmt datd 23. 9br 1676. . . . The Jury . . . found for the plaintife Six pound & costs of Court

    Woodcock agt. Sutton

    William Woodcock of Hingham plaint. agt John Sutton of Scituate Defendt in an action of the case to the value of five pounds for the sd Sutton the two Summers last past cutting & carrying away the sd Woodcocks grass off two parcells of his Salt Marsh at a place called Connihasset lying on the Southward side of the River next Scituate, one of the sd parcells the sd Woodcock purchased of Jonas Austin & the other parcell granted him by the Town of Hingham & setting up new stakes for Land markes in the sd Marsh, which was purchased of Jonas Austin which make the title of the sd Woodcocks Marsh Litigious, with all due damages according to attachmt datd Octobr 12o 1676. . . . The Jury . . . found for the Defendt costs of Court allowd Fourty four Shillings two pence.

    Lidgett agt Foote

    Charles Lidgett plaint. agt John Foote Defendt in an action of the case for not giving Security for the payment of a bill of Exchange drawn upon the Honorble Sr Jno Frederick Sr Nathanael & mr Joseph Hern merchants in London for the value of One hundred pound Sterling mony bearing date October. 12th 1676. & all other due damages according to attachmt datd January. 25o 1676. . . . The Jury . . . found for the Defendt costs of Court, allowd Six Shillings ten pence.

    Evans agt. Boarman

    Agnes Evans Administratrix of William Evans decd plaint. agt Daniel Boarman Defendt in an action of debt of One hundred pounds due by bill dated the 20th day of Decembr anno Dm. 1665. & all just damages according to attachmt datd xbr first. 1676. [423]. . . . The Jury . . . found for the Defendt costs of Court allowed twenty five Shillings & eight pence.

    Execucion issued 20th Febr 1676/7.

    Shelley agt. Deering &a

    Sarah Shelley plaint. agt Henry Deering (who married wth Elisabeth the Relict and administratrix to the Estate of the late Theodore Atkinson junr decd) and Samuel Shrimpton Admr to the sd Estate; as also Anne Sandys Relict & administratrix to the Estate of the late John Sandys decd them or either of them Defendts in an action of the case for witholding the Summe of Fifty pounds in mony being the Forfiture of an obligation under the hands & Seales of the sd Atkinson & Sandys bearing date Februry 27. 1674/5. wherein they are jointly & severally bound in the Summe aforesd with all due damages according to attachmt datd Janury 22d 1676. . . . The Jury . . . found for the plaint. the forfiture of the bond & costs of Court. The Magistrates on request of the Defendt chancered this Forfiture to twenty Six pound Seven Shillings mony & costs of Court allowd thirty Five Shillings and four pence.

    Saffin agt Jesson

    John Saffin plaint. agt Jacob Jesson Defendt in an action of debt for that the sd Jacob Jesson refuseth to make payment of the Summe of thirteen pounds in mony due unto the sd Saffin for the rent of his warehouse as by the Lease thereof bearing date the .12th day of October .1675. with an accompt & other testimony may appeare and all other due damages according to attachmt datd January .16th 1676. Objection being made of two actions in the process the plaint. declared hee held to that of the lease: after which the Evidences in the case produced being read and committed to the Jury which remain on file with the Records of this Court: The Jury brought in theire Verdict, they found for the plaintife thirteen pounds according to Lease & costs of Court allowd twenty nine Shillings and ten pence.

    Execucion issued 13o Febry 1676.

    [The serving of this execution involved two persons in serious difficulties. See Walley v. Waite, in the April Session, below, p. 802.]

    Lilley agt Nonan

    Edwd Lilley plaint. agt Daniel Nonan Deft The plaint. was non Suted in failure of process not giving Summons and costs granted the Deft six Shillings 4d

    Execucion issued Febry 26. 1676/7. @

    Turnor agt. Matson

    Ephraim Turnor plaint. agt Thomas Matson prisonkeeper Defendt The plaint. withdrew his action.

    Naylor agt Wheelewright

    Edwd Naylor plaint. agt. Samuel Wheelewright Defendt This action is continued untill the next County Court.   [424]

    Yardley agt. Boden

    John Yardley plaint. agt. John Boden Bricklayer Deft in an action of the case for not responding the damage that sd Yardley hath Susteined as hee is master of the Katch Johns Adventure by sd Boden his remisness & neglect of his duty by not doing his worke according to his trust & promiss in building of a hearth on board the sd Katch whereby the plaintife by fire is damnified about Fifteen pound in mony with all due damages according to attachmt datd Janry 3d 1676. . . . The Jury . . . found for the Defendt costs of Court.

    Hudson agt. Daniel

    Captn William Hudson plaint. agt John Daniel of Milton Defendt in an action of the case for the sd Daniel his breach of the covenant Indenture or lease bearing date .27 of march. 1675. by his illegall or unnecessary deserting the sd Farme mentioned in the abovesd Covenant or Lease and leaving the houseing utensils house hold Stuffe cattle & Stock that were unto him Leased by the sd Hudson belonging unto the sd Farme as per Jnventory & otherwaies shall appeare unto the liberty of any person to steale or take them illegally away or by fire spoyle & ruin them which is done or otherwaies detained from the plaintife by the sd Daniel or by his defect in forsaking the sd Farme hee taking no care nor effectually indeavouring or useing any meanes for the abovesd goods and stock, nor having made Satisfaction neither for houseing Stock or rent thereof lost; whereby the plaintife is damnified at the least to the value of Four hundred pounds in mony & other due damages according to attachmt datd 9br 3d 1676. . . . The Jury . . . found for the Defendt costs of Court, allowd ten Shillings & ten pence.

    Execution issued March. 5th 1676/7.

    Belcher agt Brantery Select men

    Joseph Belcher plaint. on replevin agt the Select men of Brantery Defendts A question in this case being depending in the Generall Court for resolution: The Court dismis’t the action.

    Clarke agt. Yale

    Major Thomas Clarke plaint. agt David Yale Defendt This action was continued untill the next County Court.

    Grandjury dismis’t

    The Grandjury brought in theire bill of presentments 30th of January. 1676. & were dismissed for this Court.   [425]

    Henchmans Guardian

    Hezekiah Henchman aged .19. yeares & upwards Nathanael Henchman aged .15. yeares & upwards appeared in Court and made choise of theire Father Capt Daniel Henchman to bee theire guardian which hee accepted & the Court allowd of: And the Court appointed the sd Capt Henchman to bee guardian unto his daughter Susanna being .9. yeares of age and upward: relating unto some legacies bequeathed unto them by the last will & Testament of theire late Grand-Father Hezekiah Woodward late of Uxbridge in the County of Middx within the Realm of England Gent. datd 22d Febr 1676

    Proutt to Vsher

    Timothy Proutt Senr personally appeared in Court & confessed judgement agt himselfe & Estate unto Elisabeth Vsher, Hezekiah Vsher & John Vsher Execrs of the last will of mr Hezekiah Vsher decd for thirty Six pound Fifteen Shillings ten pence in mony being so much hee ingaged to pay on accot of mr Oliver Purchis

    Purchis to Proutt

    Oliver Purchis personally appeared in Court & confessed judgemt against himselfe & Estate unto Timothy Proutt Senior for thirty Six pounds Fifteen Shillings and ten pence in mony.

    Execucion issued pro Febry 1676.

    Hudson to Paige

    Samuel Hudson personally appeared in Court & confessed judgement agt his Estate & person unto Nicholas Paige for nineteen pounds five Shillings six pence to bee paid in mony.

    Execucion issued 29o May. 1677.

    Sandys to Balston

    Anne Sandys administratrix to the Estate of her late husband John Sandys decd personally appeared in Court & confessed judgement agt her Estate and person unto Jonathan Balston for Sixteen pounds five Shillings in mony in full of all accounts.

    Purchis to Lidgett

    Oliver purchis personally appeared in Court and confessed judgemt agt his Estate & person unto Elisabeth lidgett, Executrix of the last will of mr Peter Lidgett decd for twenty two pounds and eight pence in mony due by bill on file.

    Freemen Sworn

    Caleb Beale Joseph Bate & George Lane all of Hingham tooke the Oath of freedom of this Colony.

    Mason his Estate Setled

    For a Setlement of the Estate of the late Thomas Mason of Meadfeild decd the Jnventory of his Estate amounting to two hundred and twenty pounds, hee leaving Four Children: The Court assignes unto his eldest Son being now of age Forty pounds out of sd Estate to bee paid unto him by Margery his mother as Shee can [426] and unto the rest of the Children twenty pounds apeice to bee paid out of sd Estate unto them as they attain theire respective ages of twenty one yeares: The Court settles the remainder of the Estate upon Margery the Relict of sd Thomas Mason, and at her decease (in case Shee dye a widdow) to bee divided & set out to such of her Children as shall best deserve from her.

    Hudson to Rock

    Samuel Hudson personally appeared in Court & confessed judgement agt his Estate & person unto Joseph Rock for ten pound Eleven Shillings Six pence in mony.

    Execution issued, may. 28o [email protected]

    Tower his Estate Setled

    For a Setlement of the Estate of the late Jeremiah Towers of Hingham decd The Court assignes unto the eldest Son of sd Towers Forty Shillings to bee paid out of sd Estate and unto the rest of the Children twenty Shillings apeice to bee paid unto them as they attain theire respective ages & confirme the rest of the Estate upon Elisabeth his Relict.

    David an Jndian Sentencd

    The Court Sentenceth David an Jndian to pay unto mr Nicholas Paige by Service the Summe of twelue pounds nineteen Shillings in mony according to law, being treble damages for his stealing sundry goods from the sd Paige and running away from onboard his Vessell with his Boate after hee was Shipped.

    Purchis to Clarke

    Oliver Purchis personally appeared in Court & confessed judgement agt his Estate & person unto Major Thomas Clarke for twenty one pounds to bee paid in mony according to account.

    Rogers his Estate Setled

    For a Setlement of the Estate of the late William Rogers of Boston decd intestate who left onely one Childe being a Son: The Court assignes to & confirmes upon Margaret his Relict one halfe of the whole Estate according to Jnventory: and the other halfe is Setled & confirmed upon his Son William to bee paid unto him at the age of twenty one yeares: The Childe to bee brought up by mr William Snelling (who married with the widdow) by the improuement of his Estate untill hee bee of yeares to bee put out an apprentice; and after his being put out or the like; his Estate to bee improved for his benefit untill hee come to age.

    [For subsequent litigation concerning this estate, see Fiske et al. v. Rawson, below, p. 1084.]

    Weymoth Commissionrs

    Captn Wm Torrey Lt John Holbrooke & Serjt Samuel White are appointed Commissionrs for the Town of Weymouth to end small causes for the yeare insuing.

    Dedham Commissionrs

    Captn Daniel Fisher mr Wm Avery & Ensigne Thomas Fuller are appointed Commissionrs for the Town of Dedham to end small causes for the yeare insuing.

    Meadfeild Sealer

    Seth Smith of Meadfeild was Sworn Sealer of weights and measures for that Town for the yeare insuing.   [427]

    Cresey’s presentmt

    John Cresey being presented by the Grandjury for living from his wife contrary to Law: The sd Cresey appearing ownd that hee had a wife living in England and that hee had been absent from her severall yeares: The Court ordered him to return unto his wife by the next oppertunity of Shipping for London under the penalty of twenty pounds according to Law.

    Audit

    mr Thomas Deane and mr James Whetcomb are appointed & commissionated to audit the accoumpts between Edward Naylor & Samuel Wheelewright sometime in the first weeke of April next comming & to make theire return thereof unto to the County Court in april next to which the action is continued.

    Audit

    mr Humphry Davie, mr John Joyliffe & Capt Jno Richards are appointed & commissionated to audit the accompts between major Thomas Clarke & mr David Yale and to make theire return thereof unto the County Court in April next to which time the action is continued.

    Meares his Estate Setled

    For a present Setlement of the Estate left by the late Samuel Meares of Boston decd The Court assignes unto Mary his Relict the whole movable Estate unto her and her heires for ever, and the improvement of the house and land untill the eldest Child left by sd Meares come of age, and then a further division to bee made: And the house & land is hereby Secured for the paymt of debts; and mr William Adams and her other Surety for her true administracion are discharged from theire bond.

    Jones Find 40s

    John Jones & Sarah now his wife convicted by theire own confession in Court of committing Fornication before marriage: The Court Sentencd them both to bee whip’t the sd John with Fifteen Stripes & Sarah with ten stripes or to pay Forty Shillings in mony fine to the County & fees of Court standing committd &a

    Tappin Fined 20s

    John Tappin presented by the Grandjury for receiving a cloake which was Stol’n from him before the law was Satisfied The sd Tappin appearing owned hee had inadvertently so done: The Court ordered him to bring the Cloake and deliver it up to the Court being Forfitd according to law or to pay twenty Shillings in mony fine to the County four Shillings charge of prosecution & Fees of Court.

    King Sentencd

    Abigail King widdow convict in Court by the oathes of Samuel Sendall and Bartholmew Threenedle of suffering great disorders and disturbances in her house to the greife and annoyance of the neighbourhood, and for entertaining of Strangers: The Court Sentencd her to pay five pound in mony fine to the County charges of prosecution & Fees of Court [428] and caution her for future not to entertain any lodgers in her house without approbation of the Select men or other authority according to Law under the penalty of five pound per weeke.

    Skelton Senta

    Joseph Skelton convict in Court of Stealing meate & other things from Samuel Everett at severall times: The Court Sentenced the sd Skelton to bee whip’t with fifteen Stripes & to pay unto Samuel Everett treble damages according to Law, being Six pound twelve Shillings & to pay charges of prosecution Forty Six Shillings & fees of Court standing committd &a

    Williston Find 20s

    John Williston convict of Stealing a Syth from John Daniel valued at ten groats, & having formerly committd severall thefts. The Court Sentencd him to bee whip’t with ten Stripes or to pay twenty Shillings in mony fine to the County & to pay ten Shillings in mony unto John Daniel; with charges of prosecution & fees of Court standing committd &a

    Dike Sentencd

    Daniel Dike convict by his own confession in Court of stealing from mr William Tailer ten pounds in mony from on board mr Herberts Sloope bound for piscataqua: The Court Sentenced him to pay unto mr Tailer 3ble damages according to law & to pay charges of prosecution & fees of Court & prison standing committd &a

    Crowder Sentencd

    Elisabeth Crowder convict by her own confession in Court of committing Fornication & having a bastard Childe: The Court Sentenced her to bee whip’t with twenty stripes & to pay Fees of Court & prison standing committd &a

    Holleday Sentencd

    John Holleday complained of for lying & making use of a false deed unto which his name is Subscribed to the deceiving of others, & denying of it in Court to bee his hand Subscribed thereunto, which hee had formerly ownd. The Court Sentenced him to stand in the pillory in Boston upon three severall Lecture dayes following immediately after the Lecture for the space of one hour at each time & pay charges of prosecution & Fees of Court & prison standing commitd &a

    Williston Sentencd

    John Williston convict by his own confession in Court of stealing a cloake from John Tappin valued at twenty Shillings which is returned again unto sd Tappin The Court Sentencd him to pay unto the sd John Tappin Forty Shillings in mony being 3ble damages according to law & Fees of Court standing committd &a

    Hickson &a Sentencd

    Jeffery Jefferies & Richard Hickson complained of for breaking open John Odlins Shop from whence was taken a gunlock a head of a leading Staffe & other things [429] valued at twenty eight Shillings; the sd Jefferies offering sd lock to Sale, saying hee bought it of sd Hickson; which hee owned: The Court Sentenced them to pay unto the partys who owne the things which were stoln the Summe of three pounds Seventeen Shillings in mony (the lock being returned again) which is 3ble damages according to law & to pay charges of prosecution fees of Court & prison standing committd &a

    Wilson Senta

    John Wilson convict by his own confession in Court of taking up some gold, English mony & new-England mony in the time of the late fire in Boston (challenged by mr Increase Mather) & concealing of it, not attending the Law in crying of it, but offering it to Sale: The Court Sentenced him to pay unto mr Mather six pound in mony being 3ble damages according to law: the mony found with him valued at three pound being returned again & to pay fees of Court standing committed &a

    Town of Boston under a penalty

    The Town of Boston having been formerly presented for an insufficient high-way by the house of Benjn Gibbs and put under a penalty of £.5. to bee repaired by this Court: The Court declared the penalty to bee due and order them to repaire the high-way now presentd by Tho: Fitches Joseph Hows &c. by the next Court of this County under the penalty of ten pounds.

    Marshall etc. agt. Waldron

    Jsaac Waldron having formerly obtained a warrant from authority to make search for a parcell of cattle taken from off his Farme called Bennets Farme, & to Seize the persons with whome they should bee found; the sd cattle being found in the hands of Captn Thomas Marshall William Bassett, Joel Jinkins & William Edmunds & the sd persons Seized by virtue of sd warrant & brought before authority, and one of them bound over & the rest ordered to appeare to answer it at this Court, and the sd Waldron bound to prosecute them for being possessed of the sd cattle taken away unduely and without any order or right to them, the persons being called Appeared & sd Waldron being demanded to prosecute them according to his bond, hee declined it, Saying hee had prosecuted them by his civill actions & declared hee had nothing to charge them with criminally: Whereupon the Court discharged them and adjuge the sd Waldron to pay them costs the sd Jsaac Waldron appealed from this judgement unto the next Court of Assistants and himselfe principall in £.10. & Nathaniel Byfeild & William Gilbert as Sureties in £.5. apeice bound themselves respectiuely . . . on condition the sd Isaac Waldron should prosecute his appeale . . .

    [This is an outgrowth of Waldron v. Marshall and the four cases that followed, pp. 759–66, above. Waldron appealed from this judgment to the Court of Assistants (Records, i. 77), but was there adjudged to pay 9l 10d costs and to the constable 6s. His Reasons of Appeal (S. F. 1569.9) follow; the defendants’ Answer is in S. F. 1569.5.

    Jsaac Waldron his Reasons of Appeal from the judgment of a County Court held in Boston January the 30th 1676

    Jmprimis it appeareth not, that three of the parties, I am Judged to pay Costs to, were either bound, Summoned, or any way Compelled to Come to the Court, by any Act of my procurement; To Answer any other Complaint, I made against them, then that I prosecuted them for, All which Complaints I made, is written in their Severall Attachmts And was prosecuted in the Same Court, as appears by the Severall Judgmts of the Court therupon. Therefore According to Law, Title, Attachmts Summons Sect 2d they had no need to appear; And Therefore as I humbly Conceive should not have their Charges paid them by me, wherefore I appealed.

    2 Secondly though the said Iudgment, or Rather the preface to it, saith one of them bound Over, and the rest ordered, There is no Legall appearance of that order, (As I humbly Conceive) I am sure not by that Last Cited Law and Sect.

    3 Thirdly I humbly Conceive, I have prosecuted my bond, or the tenure thereof, According to Law; Witness the Verdict of the Jury, who found the matter of fact against every one of them, against whom I Complained because they found my Cattell, in their hands, and Ordered them to be returned me, vnder the forfeiture of a valuable Assumpsett, which was approved by the Court, and made a Judgmt for me, against the parties Complained off

    Lastly the Appealant is Judged to pay them Costs, it is not said their Costs, and also the Costs of whom they pleased But I find Charged for eight Witneses attending three dayes a peice, fourty eight Shillings, but wheither they was Indians, or English, I know not, for they are nameless and they was Invissible at the Court to me, and also to themselves (for ought I know) yet all is allowed against the appealant, as by their Bill of Costs, which for the Regulation thereof, and the reasons above said

    J Appealed

    All which is humbly left for Releife of the well wisher, Lover, and Respective Servant, to this Honoured Court and Jury

    Jsaac Waldron8

    These Reasons were received Febr 28th 1676/7

    per Jsa Addington Cler]

    [430] Webb his order for Fees

    The Court orders the County Treasuror to pay unto Marshall Joseph Webb the six pence per action according to Law and five pounds per annum (out of the ten pounds ordered by the Court to bee paid unto the marshall by a former order) from the time of his being in place.

    Lovell Sentencd

    John Lovell Senior of Weymoth presented for an ungoverned tongue by rayling upon his neighbours & calling them bad names on consideration of what was proved agt him The Court Sentencd him to give in bond with Sureties of twenty pound for his good behavior untill the next Court of this County & to pay charges of prosecution & fees of Court standing committed &a

    Dove admonish’t

    Daniel Dove bound over to answer for suspitious speeches given out by him of a fire likely to happen in the town of Boston: Upon consideration of what was proved agt him. The Court admonish’t him & ordered him to pay fees of Court.

    Wakefeild admonish’t

    Samuel Wakefield being complained of for being in a great measure instrumentall in the late great fire in Boston by his carelessness The Court (on consideration of what was alleaged agt him) admonish’t him & ordered him to pay fees of Court.

    Meares Find £.7. etc.

    James Meares convict of retailing wine without Licence The Court Sentenced him to pay Five pounds in mony fine to the County according to Law: and for keeping a disorderly house and entertaining persons unseasonably Sentenced to pay Forty Shillings more in mony, and to give bond with Sureties of One hundred pound for his good behavior especially not to transgress the law by retailing of wine untill the next Court of this County and to pay charges of prosecution & fees of Court standing committd &a

    Barber Find 20s

    Mary Barber convict of being drunke & suspitiously accompanying with George Pike Sentenced to pay ten Shillings in mony fine for her drunkenness and ten Shillings for her accompanying wth sd Pike & fees of Court standing committd &a

    Pike Find 20s

    George Pike convict of suspitious accompanying with Mary Barber Sentencd to pay twenty Shillings in mony fine to the County & fees of Court standing committd &c.

    The Court adjourned to the 8th of February next.

    February .8th [email protected]

    The Court met according to adjournmt

    Present

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

    Davenport his Estate Setled

    For a Setlement of the Estate of the late mr John Davenport decd who dyed intestate: The Court assignes to and confirmes upon Abigail his Relict the whole Estate of movables (excepting the Bookes according to his declared minde) and the use and rent of the house untill the Children come of age & then a farther division to bee made. [431]

    Bennett disabled for giving testimony

    Samuel Bennet convict in Court of denying by writing or acknowledgement under his hand what hee had formerly given his Oath unto & not being carefull of what hee Sweares unto The Court on consideration thereof do disable the sd Bennet for giving testimony in any case whatever.

    [Bennett had been the star witness for Isaac Waldron in the series of cases that he won before the adjournment. See especially p. 763, above, where Waldron denies having boasted that he could make Bennett swear to anything for one pint of liquor.]

    Order about Makiah’s Estate

    Ordered that the remainder of the Estate of Daniel Makiah late of Dedham decd in the hands of Captn Daniel Fisher Admr to the sd Estate; bee committed unto Nyle Makiah, hee giving Security to bee responsible in case any neerer relation appeare hereafter to make claime thereunto & that Captn Fisher bee discharged from his administration.

    Hubbards Freedom

    mr John Hubbard of Boston tooke the Oath of Freedom of this Colony.

    Vsher his Execrs Find

    The Court do Sentence the Execrs of the last will and Testamt of mr Hezekiah Vsher late of Boston decd (viz. mrs Mary Vsher widdow mr Hezekiah Vsher & mr Jno Vsher) to pay the Summe of thirty pounds in mony fine to the County being five pounds per month according to law from the County Court next following the death of the sd Vsher untill this Court, for theire neglect to perfect the probate of sd will by not bringing in an Jnventory of the Estate, whereby the Court might see justice done according to sd will.

    [Copies of Usher’s will, inventory, and debts are in S. F. 1464 and 26334. An extract from the will is printed in the case of Usher v. Usher at the October session, 1678, below, p. 948.]

    This Court dissolved.

    Lancaster to Jacklen

    William Lancaster personally appeared before John Leverett Esqr Govr and Edward Tyng Esqr Assist. February. 13o 1676. and confessed judgemt agt himselfe and Estate unto Samuel Jacklen for Four pounds ten Shillings in mony.

    as attests. Jsa Addington Cler

    Execucion issued march. 22o 1676/7.

    Hood to Tay

    Jeremiah Hood of Sudbury personally appeared before John Leverett Esqr Govr & Edward Tyng Esqr Assist. April: 5th 1677. and confessed Judgement agt his Estate & person unto John Tay of Boston for three pound Eight Shillings to bee paid in mony.

    as attests. Jsa Addington Cler   [432]