At a County Court held at Boston July. 31o [email protected]

    Present

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

    Grandjury Sworn

    • mr Wm Sumner
    • John Stebbins
    • Edmd Hobart
    • Tho: Blighe
    • Edward Morris
    • Edmd Pitts
    • Tho: Dewer
    • Richard Baker
    • John Lorin
    • John Scarlett
    • Henry Crane
    • Timothy Dwight
    • Nathanll Greenwood
    • Edmd Quinsey
    • Joseph Clarke
    • John Harrison
    • John King

    Jury of Tryalls Sworn

    • mr Sampson Sheafe
    • Samll Badcock
    • John Tower
    • Penn Townsend
    • Christopher Webb
    • Daniel Pond
    • Benjn Thurston
    • Jonas Humphery
    • Robert Allyn
    • Abiel Lamb
    • Thomas Gill
    • Jno Thurston Senr

    mr Sheafe & mr Townsend taken off the Jury in mr Sheafes case and added in theire room Nathanll Reynalls John Conney

    [Fox v. Coleman]

    Nathanael Fox plaint. agt William Coleman Defendt John Comer Attourny to the plaint. withdrew this action

    [Hawford v. Scotto and Endicott]

    Samuel Hawford plaint. agt John Scotto & John Endicot Execrs of the last will and Testamt of Andrew Sheppard Defendt in an action of the case for taking into theire charge one quarter part or so much as may appeare of the Barque Thomas and Mary that belongs to sd Hawford and giving no account to the plaintife of the disposeing or Selling of the Barque or of her voyages or Earnings whereby the plaintife is damnified Fifty pounds or thereabouts in mony with all other due damages etc. . . . The Jury . . . found for the Defendts costs of Court allowed three Shillings and ten pence.

    [See Alford v. Endicott, above, p. 426.]

    [Rock v. Green]

    Joseph Rock Admr to the Estate of mr John & mrs Martha Coggan decd plaint. agt Jacob Green junr Defendt The plaint. withdrew his action.

    [Armitage v. Franklin]

    Timothy Armitage plaint. agt Benjamin Francklyn Defendt in an action of the case for refuseing to deliver possession of a house and land scituated and being in Boston wherein the sd Francklyn at present Liveth which was once the Estate of Richard Richardson but now the proper Estate of the aforesd Timothy Armitage by virtue of a deed of gift from sd Richardson Father in Law to sd Armitage with all other due damages &c [447] . . . The Jury . . . found for the plaint. that the Defendt give him possession of the house & land Sued for within a month next following or pay two hundred pounds mony & costs of Court.

    Watts agt Ballard

    Michael Watts of London or his certain Attourny plaint. Jarvis Ballard Defendt in an action of the case for not paying the Summe of twenty three pounds twelve Shillings mony of England due upon the ballance of Accot by booke with due interest and all other due damages according to attachmt datd July. 17o 1677. . . . The Jury . . . found for the plaintife twenty nine pounds ten Shillings mony and costs of Court The Defendt appealed from this Judgemt unto the next Court of Assistants and himselfe principall in £29: and John Winslow and Samuel Winslow Sureties in £15. apeice acknowledged themselves respectiuely bound . . . on condition the sd Jarvis Ballard should prosecute his appeale . . .

    [Ballard’s Reasons of Appeal are in S. F. 1625. The Court of Assistants (Records, i. 100) gave him no satisfaction.]

    Davis agt Floyd

    Benjamin Davis Attourny of John Harwood Senr of London plaint. agt the goods or Estate of Noah Floyd Defendt in an action of the case for that the sd Floyd doth not pay unto the sd Harwood or his order the Summe of one hundred pounds lawfull mony of England due upon the Forfiture of a bond dated the. 16th of June. 1676. under the hand & Seale of sd Floyd with all other due damages &c. . . . The Jury . . . found for the Defendt costs of Court.

    Deane agt. Keen

    Thomas Deane of Boston Merchant plaint. agt John Keene of Boston Jnkeeper Defendt in an action of debt for Fifty three pounds Eighteen Shillings & six pence in mony due upon the ballance of accots with all due damages &c. . . . The Jury . . . found for the plaint. Fifty three pound Eighteen Shillings Six pence mony and costs of Court.   [448]

    Comer agt Peck

    John Comer plaint. upon replevin agt Tho: Peck Senior Defendt The replevin and 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 plaint. the Shallop in controversy and costs of Court.

    MackDaniel agt Hale

    Dennis MackDaniel plaint. agt Mary Hale widdow Defendt in an action of assault and Battery, for that the sd Hale came to the house of the sd MackDaniel Struck his wife and Strugled with her &c. whereby the plaint. is damnified very much with all other due damages &c. . . . The Jury . . . found for the plaintife three Shillings four pence damage & costs of Court allowd twenty Shillings and ten pence.

    MackDaniel agt Hale

    Dennis MackDaniel and his wife plaint. agt Mary Hale widdow Defendt in an action of defamation for saying the wife of sd MackDaniel was a whore and that Shee had severall Children by other men and that the Cuckoldley old Rogue her husband owned them wherein the plaintifes are very much in theire names defamed and greatly damnified with all other due damages &c. . . . The Jury . . . found for the plaint. ten pound mony damage or that the Defendt make an acknowledgemt to Satisfaction of the Court in open Court & costs of Court allowd Sixteen Shillings Eight pence.

    Execution issued augo 10th 1677.

    Billing agt Rawson

    Roger Billings plaint. agt William Rawson Defendt in an action of the case for breach of his promiss upon a bargain of Land by refuseing to give a legall deed of the twelfth part of the Farme sd Billings Lives on called Newberry Farme whereby the plaintife is greatly damnified with all other due damages according to attachmt datd July. 24o 1677. . . . The Jury . . . found for the plaint. that the Defendt do give him a good sufficient legall deed of Sale of the twelfth part of the Farme sd plaint. lives in called Newberry Farme and other lands mentioned according to promiss within one month or to pay two hundred pounds mony and costs of Court. [449] The Defendt appealed from this Judgement unto the next Court of Assistants and himselfe principall in £.200. and John Woodmansey and Joseph Webb Sureties in £.100. apeice acknowledged themselves respectiuely bound . . . on condition the sd William Rawson should prosecute his appeale . . .

    [See case of Rawson v. Billing, above, p. 543, and Records of Court of Assistants, i. 96.]

    Hawford agt Scotto etc.

    Samuel Hawford plaint. agt John Scottow and John Endicott Executors of the Last will & Testamt of Andrew Sheppard decd Defendts in an action of the case for not paying the Summe of thirty Seven pounds one Shilling in mony due from sd Scotto and Endicot as Execrs abovesd to the now plaint. for one third part of a parcell of Logwood that was brought from Treice in the Katch Jndustry Nathanll Man Commander in the month of January. 1675. which was Ship’t by the plaint. & ventured on his own accot but Andrew Sheppard his order or Execrs have Sold it and received the mony but yet detaines it whereby the plaint. is greatly damnified with all other due damages &c. . . . The Jury . . . found for the Defendants costs of Court allowed ten Shillings and four pence.

    [See second case at this session, above, p. 816.]

    Meader agt. Rose

    John Meader plaint. agt Roger Rose Defendt in an action of the case for not performing a bargain made with sd Meader last Spring whereby sd Rose did engage himselfe to bring for the plaint. from Oyster River about fifteen or Sixteen cord of timber &c. but hath not performed his bargain whereby the plaint. is damnified about five pounds with all other due damages &c. . . . The Jury . . found the case not actionable and gave the Defendt costs of Court allowd £.1:4.2.

    Execution issued 8br 20o 77.

    Rose agt. Meader

    Roger Rose plaint. agt. John Meader Defendt in an action of the case for non performance of his promiss which was to pay the summe of four pound in mony & four pound in goods for the Freight of a Boate load of timber brought by sd Rose from Oyster River and delivered to sd Meader as per his receipt bearing date the 19o of April. 1677. appeareth with all other due damages &c. . . . The Jury . . . found for the Defendt costs of Court 11s 6d

    Execucion issued 8br 20o 77.   [450]

    Glover agt Hudson

    John Glover plaint. agt Capt William Hudson in an action of debt of Seven pounds in mony due by bill with damages &c. The action being called the plaintife not having his bill to produce the attachmt onely was committed to the Iury, who found for the Defendt costs of Court.

    Woodward agt Aldrich: etc.

    Peter Woodward plaint. on appeale from the Judgemt of the Commissionrs of the Town of Dedham 28o May 1677. agt Thomas Aldrich, John Coleburn, John Aldis Jonathan Gay, Joseph Wight &c. Defendts The Courts Iudgement Reasons of appeale and Evidences in the case produced being read & committed to the Iury which remain on file with the Records of this Court: The Iury brought in theire verdict they found for the plaint. Reversion of former Iudgement and costs of Court.

    Shippen agt Davenport

    Edward Shippen or his lawfull Attourny plaint. agt Elisabeth Davenport Relict of and Admx to the Estate of Nathanael Davenport decd Defendt in an action of the case for not paying the Summe of one hundred and thirty pound in mony due upon the fornture of a bond bearing date the. 5th of Novr 1675 under the hand and Seale of sd Nathanll Davenport with all other due damages according to attachmt datd Iuly. 11o 1677. . . . The Iury . . . found for the plt forfiture of the bond one hundred & thirty pounds mony and costs of Court: On request of the Defendt the Court chancered this Forfiture besides what hath already been paid unto Sixty five pound one Shilling mony and costs of Court: The Defendt appealed from this Judgement unto the next Court of Assistants & herselfe principall in £.65. Thomas Thacher Junior and John Morse Sureties in £33. apeice acknowledged themselves respectiuely bound . . . on condition the sd Elisabeth Davenport should prosecute her appeale. . . .

    [Copy of attachment and attorney Hudson Leverett’s Bill of Costs are in S. F. 1617.]

    Middlecott agt Scotto etc.

    Richard Middlecott as hee is Attourny to Wm Adams Admr to the Estate of Ino Sheppard decd in the right of Elisabeth Adams Executrix to the last will and Testamt of him the sd Ino Sheppard plaint. agt Ino Scotto and Ino Endicot Execrs to the last will & testamt of andrew Sheppard decd Defts in an action of the case for witholding an Estate amounting to the Summe of three hundred Forty nine pounds Eight Shillings [451] and eleven pence given and bequeathed unto her the sd Elisabeth Executrix by him the sd John Sheppard decd in his last will and Testamt which Estate aforesd was given him by his Brother Andrew Sheppard decd as per his last will and Testamt may appeare with other due damages according to attachmt datd Iuly. 23o 1677. . . . The Iury brought in a Speciall verdict. i. e. If the Law bee that where there is an Executrix appointed to an Estate that another may take out Administracion in her right wee finde for the plaint. that the Defts doe deliver up the whole Estate of Andrew Sheppard of Boston lately decd that is or may bee received by them before the time hereafter limited debts Legacies and charges being deducted unto the plaint. at or before the first day of Decembr next or three hundred Forty nine pounds eight Shillings eleven pence mony & costs of Court: But if the law bee otherwise wee finde for the Defts costs of Court. The Magistrates on perusall of this verdict finde for the plaint: The Defendts appeald from this Iudgemt unto the next Court of Assistants and themselves principalls in £.400. and Nathanll Williams and Wm Coleman Sureties in £.200. apeice acknowledged themselves respectiuely bound . . . on condition the sd John Scotto and Jno Endicot should prosecute theire appeale . . .

    [Another claimant to the Shepard property; cf. Alford v. Endicott, above, p. 726. The following portion of Middlecott’s Answer to Scottow’s Reasons of Appeal (S. F. 1657.3) refers to the title “Jurors” in the General Laws and Liberties of 1672:

    1. 1. Answer, whereas the Appealants is pleased to tax the Jury with Error, but if they please well to Consider they will find themselves to Eire by a Misunderstanding the Law they pretend So much to make for them, for the Honoured Law Makers have given their Sence fully in Each Sect: which is Cited for the End intended which makes not for the Appealants purpose nor will it bear their Strained Paraphrase or far-fetch Construction, for the Law Saith Sect. 3. that in all Cases wherein the Law is obscure So as the Jury cannot be Sattisfyed therein, they have liberty to present a Special Verdict &c. it doth not Say provided they doe first ask advice of any Man in open Court, but if the Jury be not Satisfyed they have Such a Liberty.
    2. 2. As to the Law in Sect. 5 it doth not absolutely require or Compel but onely gives a liberty (in Case of Conscience or Such like) to any Jury if they See cause to aske advice of any man in open Court as aforesd then there is no Error in the Jury in not So advising as the Appealants infer.

    The Court of Assistants (Records, i. 96) confirmed the former judgment.]

    Cooke agt. Thornton

    Robert Cooke Hornbreaker plaint. agt Joseph Thornton Marrinr Defendt in an action of the case for that the abovesd Thornton did in a clandestine manner take and convay away a man Servant belonging to the aforesd Cooke known by the name of Henry Austin the which sd Servant was convayed in the yeare. 1676. which is to the plaintif’s damage at least Sixty pounds in mony and all other due damages &c. . . . The Iury . . . found for the plaintife Fifty pounds mony damage and costs of Court allowed. £.2:10:4.

    Execucion issued Augo 3d 1676.

    More agt. Warren

    Richard More of Boston Junior plaint. agt Humphry Warren of Boston Merchant Defendt in an action of the case for not paying the Summe of twelve pound eight Shillings and nine pence due as the ballance of an Accot of wages in the Katch Hopewell on her voyage from this place to Barbados and to this place again in part of the yeare 1676. and part of this present yeare. 1677. on wch voyage sd More was Master of the sd Katch with all other [452] due damages etc. . . . The Iury . . . found for the plaint. twelve pound Eight Shillings nine pence mony and costs of Court allowd twenty one Shilling six pence.

    Walker agt Ellis

    Jsaac Walker plaint. agt Edward Ellis Defendt in an action of the case for that the sd Ellis did Sell to the sd Walker a parcell of Land as by deed of Sale doth appeare under the hand and Seale of the sd Ellis warranting the same, for which land the sd Ellis received of the sd Walker Forty pounds in mony, and cannot warrant the Sale thereof, it being given by will after his the Ellis decease unto his Children, being above Forty pounds in mony damage to the plaint. and all other due damages etc. . . . The Jury . . . found for the Defendt costs of Court.

    Evans agt Boareman

    Agnus Evans admx of Wm Evans decd plaint. against Daniel Boareman Defendt in an action of Reveiw of a case tried at the County Court held in Boston in January Last wherein the now plaintife was then cast by falacious papers and meere pretences of payment of and towards a debt of One hundred pounds due by bill bearing date Xbr 20th 1665. under the hand and Seale of sd Boareman whereby the now plaint. is greatly damnified with all other due damages etc. . . . The Jury . . . found for the plaint. twenty three pound thirteen Shillings six pence (£.5:1:6. cattle and £.18:12:0. in wheate Rye barley and Malt according to bill) debt and twelve pound Eighteen Shillings, halfe cattle the other halfe corn as aforesd damages and costs of Court allowd £.2:19:2.

    Execucion issu’d augo 7th 1677.

    Sutton agt Woodcock

    John Sutton of Scituate Carpenter plaint. agt William Woodcock of Hingham Defendt in an action of the case to the value of One hundred pounds for that the sd Woodcock in the month, of augo 1676. did apprehend the sd John Sutton upon his own land at Connihasset in hingham and delivered him the sd Sutton as a Felon to the Constable of Hingham and was so carryed by the sd Constable to Boston before authority, the sd Woodcock chargeing the sd Sutton with Stealing his hey or grass whereby the sd Sutton is defamd with all due damages etc. . . . The Jury . . . found for [453] the plaint. six Shillings eight pence mony damages & costs of Court allowed thirty four Shillings ten pence.

    Warren agt. More

    Humphry Warren plaint. agt Richard More Iunior Defendt in an action of the case for that the sd Richard More late Master of the Katch Hopewell did in the month of August last fraudulently take to himselfe wages for Richard Earle who ran away from sd Vessell in Barbados some weekes before not proceeding the Voyage hee was Ship’t for with due damages etc. . . . The Iury . . . found for the Defendt costs of Court allowd Eleven Shillings ten pence.

    Green agt. Vicars

    William Green plaint. agt George Vicars of Nantasket Senior Defendt in an action of the case for refuseing to give an accot of Fifteen hundred Cod Fish put into his hands by the order of sd Green whereby the plaint. is very much damnified with other due damages etc. . . . The Jury . . . found for the Defendt costs of Court allowd nineteen Shillings 6d

    Execution issued. 22o augo [email protected]

    Freake agt Stone

    Elisabeth Freake admx to mr John Freake plaint. agt John Stone Defendt the plaint. withdrew her action upon Judgemt acknowledged.

    Higgs agt Scotto etc.

    Edward Higgs plaint. agt John Scotto and John Jndicott Execrs of the last will of Andrew Sheppard Defendt in an action of the case for not paying the summe of thirty Seven pound one Shilling in mony due from sd Scotto and Jndicott as Execrs abovesd to the now plaint. for one third part of a parcell of loggwood that was brought from Treece in the Katch Jndustry Nathanll Man Commander in the month of January. 1675. which was Ship’t by Samuel Hawford upon the accot of Edwd Higgs; but andrew Sheppard his order or Execrs have Sold it and recd the mony but yet detains it whereby the plaint. is greatly damnified with all other due damages &c. . . . The Jury . . . found for the Defendt costs of Court allowd 9s 8d

    Smith agt. Goulding

    Joseph Smith plaint. agt Peter Goulding Deft in an action of defamation for Saying hee was a theife & upon Record for a theife, being greatly to the damage of the plaint. with all other due damages &c. [454]. . . . The Jury . . . found for the plaint. ten Shillings mony damage and costs of Court allowd twenty Eight Shillings one penny.

    Execution issued augo 22o 1677.

    Joyliffe agt Nick

    John Joyliffe Attourny of William Maund plaint. agt John Nick Defendt in an action of the case for not delivering unto the order of sd Maund three ton one hhd one tearce of Molasses three barrlls of Lime joice and a hhd of Vinegar Ship’t at St Christophrs by sd Maund onboard the Barque Begining whereof sd Nick was Mar and in sd vessell brought to New-England sometime in April last and by him sd Nick detained from the now plaint. who is thereby damnified about Forty pounds in mony with all other due damages &c. . . . The Jury . . . found for the plaint. two hogshds of Molasses one barrll of Lime juice and one hhd of vineger to bee deliurd in one month or to pay twenty pounds in mony and costs of Court allowd thirty three Shillings and six pence.

    Calley agt Williams

    Hannah Calley Attourny to her husband Joseph Calley late Master of the Katch Loialty plaint. agt Nathanll Williams Defendt in an action of the case for that the sd Williams in the yeare. 1670. tooke into his custody from sd Calley bills in Barbados for two thousand and two hundred pounds Muscovado Sugar being for the acco of sd Owners; which sd bills and Sugar the sd Williams still detaines in his hand refuseing to make Satisfaction to the plaints great detriment with interest and all due damages according to attachmt datd July. 14th 1677. . . . The Jury . . . found for the plaint. that the Defendt do deliver the Sugar or bills Sued for within four months or pay Fifty pounds mony and costs of Court The Defendt appealed from this Judgemt unto the next Court of Assistants and himselfe principall in £.50. and John Walley and Joseph Webb Sureties in £.25. apeice acknowledged themselves respectively bound . . . on condition the sd Nathanael Williams should prosecute his appeale . . .

    [The file on this case yields a sheaf of business correspondence (S. F. 1618. 2, 4, 3):

    Barbadoes Aprill 28th 1671

    Mr Henry Taylor &

    Mrs Mehettble Downes

    These may Serue at present to advise that mr Joseph Calley, Commander of your ketch, at his going from hence left me his atturney and ordered me to Send what J did receiue to you accordingly J haue now Sent you Three hhds of Rum as per bill of lading & Jnvoice incloased appeares, & J shall J Suppose receiue more goods to Send you, for the Same accot, in the meane time, with my respects to you both, J take leaue and Rest

    Your humble Servant

    Nathll Williams

    . . . true Coppie. per Jsa Addington Cler

    Boston the 28th of Decembr 1672

    Mr Nathanael Williams

    After my kinde love vnto you hoping that these few Lines will finde you in as good health, as they do now leave me, praised be god for it, the Cause of my writing vnto you is, that my desire is that you will gett in them debts, that J did leaue with you you know what they are if you Can gett Mallassis doe, if not Rum or Sugar, or Cottonwoole, but if you Can gett mallassis pray doe. & gett it as Soone as possible you Can, for J do hope to See you about the midle of February, but if J am not there by that time J shall desire you for to Send them, home by the first oppertunity, that you Can, for if J am not there by that time J shall Come by the way of Virginia, and So it will be the Longer till J do Come, what you do Send, J shall desire you to Consigne it to mr John Poole in Boston, So J haue nothing else to trouble you at present, but leaving you to God J rest.

    Yours to Serue in what J Can

    Joseph Calley

    Copia Vera attestr Jsa Addington Cler

    Novembr ye 30th 1674

    Mr Nathanael Williams

    J Expected you would ere this according to your promise haue bene with mee to haue Settled my adjust, but Since your occasions would not permitt you, and that my vessell is going away, J request you will deliuer to the bearer, One hogshd of Rum, which J will allow vpon our accot, and if not So much due to me, the overplus shall be paid you in money, as now it is Sold by

    Your friend to vse

    Humphry Warren

    Mr Wm Noyse

    Sr Pray Deliuer to the bearer one barrel of rum, let the barrel be filled vp & take notice of the no & Contents of it & his receipt for the Same, on the accot of mr Joseph Calley per order of mr Humphrey Warren.

    Yours: Nathll Williams

    30th 9ber 74

    Jf there be Two barrels. let him haue them both.

    Copia vera attestr Jsa Addington Cler

    The Court of Assistants (Records, i. 95) reversed the former judgment and awarded 29s costs to Williams.]

    [455] Church agt. Joy

    Joseph Church of Hingham Carpenter plaint. agt Thomas Joy of Hingham Carpenter Deft in an action of the case to the value of twenty pounds; which sd twenty pounds is due to the sd Joseph Church for the rent of one halfe of a Corn Mill two yeares, the time of the sd two yeares began on the. 14th day of June, which was in the yeare of or Lord. 1675. as may appeare by a covenant between them bearing date the. sd 14th of June; which sd Corn Mill is in partnership between the sd Thomas lay and the sd Ioseph Church, the one halfe of the sd Mill belonging to the sd Ioseph Church, and the other halfe of the sd mill belongeth to the sd Thomas Ioy; which sd Mill is a tide Mill standing and being in and upon the Town cove in Hingham with all due damages according to attachmt datd Iuly. 24o 1677. . . . The Jury . . . found for the plaint. Eleven pounds in Merca Corn according to Covent at price currant and costs of Court: The Deft appeald from this Judgemt unto the next Court of Assistants & himselfe principall in twenty pounds, Daniel Turell junr and Joseph Jay Sureties in £.10. apeice acknowledged themselves respectively bound . . . on condition the sd Tho: Joy should prosecute his appeale . . .

    [There are in S. F. 1633.4–7 a number of depositions as to who owned and operated the mill. Joy’s Reasons of Appeal are in S. F. 1633.3, and Church’s answer is in S. F. 1633.2. The Court of Assistants (Records, i. 96–7) confirmed the former judgment and charged Church with 53s costs.]

    Conney etc. agt Proutt

    John Conney and John Jndicott Attournys of Capt Samuel Mosely plaint. agt Timothy Proutt Junr Deft The plaints withdrew theire action upon a judgemt acknowledged unto them.

    Bartholmew agt. Arnold

    William Bartholmew plaint. agt Joseph Arnold of Brantery Deft in an action of debt of Eight pounds in mony due by bill with all other due damages etc. . . . The Jury . . . found for the plaint. Eight pounds mony according to bill and costs of Court.

    Execution issued. 8th Augo 1677.

    Loyd agt. Bullis

    James Loyd plaint. agt Phillip Bullis Deft in an action of debt of ten pound twelve Shillings in mony due for goods sold and deliurd the wife of sd Bullis as shall appeare by booke and bill under her hand with all other due damages &c. . . . The Iury . . . found for the Defendt costs of Court.   [456]

    Rummin agt Hudson

    John Rummin plaint. agt Capt William Hudson Deft in an action of the case for not paying the Summe of thirty one pound four Shillings in mony due for two yeares Salery at six Shillings per weeke with due interest and all other due damages &c. . . . The Jury . . . found for the plaint. twenty pounds mony and costs of Court allowd Forty Shillings 6d

    Execucion issued Januro 12o 1677

    Freake agt Robinson

    Elisabeth Freake admx of her late husband mr John Freake decd or her lawfull Attourny plaint. agt Nathanael Robinson Deft in an action of debt of Seven pound five Shillings in mony due by bill bearing date Febry 8th 1671/72. under the hand of sd Robinson with interest and all other due damages &c. . . . The Jury . . . found for the Deft costs of Court: The plaint. appeald from this Judgemt unto the next Court of Assistants and was bound to prosecute.

    Watts agt Gent

    John Watts assigne of William Green plaint. agt. John Gent Deft in an action of debt of Six pound four Shillings and five pence due in fish or mony as appeares by bill bearing date. Septembr 16th 1676. under the hand of sd Gent wth due damages &c. . . . The Jury . . . found for the plaint. Forfiture of the bill & costs of Court on request of the Deft The Court chancered this Forfiture to Six pound four Shillings and five pence in fish or mony according to bill & costs of Court.

    Execucion issued augo 25o 1677.

    Cheeny

    Margaret Cheeny plaint. agt Thomas Cheeny Deft The plaint. withdrew her action.

    Sheafe agt Palmer

    Sampson Sheafe of Boston Mercht plaint. agt Tho: Palmer now or late Master of the Katch Diligence Deft in an action of the case for not delivering unto the sd Sampson Sheafe in good order and wel conditioned according to the Obligation of his bill of loading a parcell of English goods or Merchandizes loaden onboard the sd Katch at London by Philip French and Sampson Sheafe and consigned to the sd Sheafe; but contrarily the sd goods have recd much damage to the value of ninety two pounds ten Shillings in mony as may appeare by the Return of mr Eliakim Hutchinson and John Wing persons mutually chosen by the sd Palmer and Sheafe to veiw and judge of the sd damage with other due damages accord, to attachmt datd July. 13o 1676. [457]. . . . The Jury . . . found for the Defendt costs of Court. The plaint. appealed from this Judgemt unto the next Court of Assists and himselfe principall in ten pounds, Joseph Rock and John Saffin Sureties in £.5. apeice acknowledged themselves respectively bound . . . on condition the sd Sampson Sheafe should prosecute his appeale . . .

    [S. F. 1627.2

    To the Honnord County Court now assembled Sampson Sheafe Plaintiffe against Thomas Palmer Defendt humbly declareth

    That whereas the plaintiffe & Phillip French did in London Ship vpon the ketch Dilligence of Boston, master whereof Thomas Palmer, (Defendt) bound for Boston in New England, Six bales of Merchandize, in good order & weloonditioned, which in like good order and weloonditioned was to be deliuered at the aforesaid port of Boston to the Sd Sheafe the Plaintiffe, or in his absence to mr Peter Sergeant as by bill of loading bearing date 22d March 1676/7 may fully appear and whereas by the defect or insufficiency of the Said ketch or Negligence of the Said master & Seamen, the Said goods are very much damnified, Even to the apprehension of the Plaintiffe the Summe of One hundred & forty Pounds, yet Such was the desire of the Plaint & as he deemed, the desire of the Defendt also to make an amicable Conclusion, of the businesse, to which purpose they both mutually Chose mr Eliakim Hutchinson & mr John Winge to view Judg & determine the dammage, the Plaintiffe hath Sustained in the Said goods who accordingly having viewed the goods & Concidered the premises & do Judge the dammage, to be Ninety two Pounds Tenn Shillings as by their award may appeare, to which the Plaint Submitts, but the Defendt refuseth to Stand to their award, & pay to the plaintiffe the sd Ninety two Pounds Tenn Shillings, pretending now it is the danger of the Sea, yet hath made no protest by the public notary according to Law, Nor hath the Said ketch receiued, any dammage in her hull Sailes or Riggin Spending her mast, or any such thinge Coming by the violence of the Sea, but only Common ware & tare & therefore the Defendt ought to beare the dammage according to the law folio 97: Title marritine affaires, Sect 16. which Saith any ship [or] Vessel at Sea receauing dammage by the masters or marriners negligence, yet bringeth the masters goods home, & deliuereth them according to bills of ladinge, he shall receiue his fraight, but if the goods be damnified, the master or marriners shall make good the dammage9 the benefit of which law the Plaintiffe humbly Craveth, who Subscribes himselfe

    Yor honnors most humble Servant

    Sampson Sheafe

    Vera Copia attestr Jsa Addington Cler

    S. F. 1627.3

    Robert Tresteene aged: fifty three yeares or thereabouts having bene Employed in Sea affaires, the Space of Thirty yeares, and being Entertained passenger, in the ketch Dilligence Thomas Palmer master, from old England, to New England On the Sixteenth day of Aprill 1677 there happened the dreadfullest Storme that ever J was in Since J was borne, in So much that we did not Expect to Saue, either the vessell or our lives And J do hereby Truly affirme that the men, belonging to the Said ketch, did for the most of the time, the Storme Continued, Stand vp to the knees, and Sometimes vp to the waste, in water at the Pumpe, with very much Jeapardy to be washed ouer board every moment, with many Such Eminent dangers of death, Also J doe affirme that it was my desire, that the Said Commandr would Cutt the mast by the board, and to Scudd before the winde & Sea hoping by Gods providence, thereby to Saue the vessell, as also our lives, which at that time J saw no ground probabillity or reason to bee Safely kept otherwise, But the master replied, he durst not Scudd for want of Searoome, & further this Deponent Saith not

    Taken vpon Oath June 27th 1677

    Before me Edwar Tyng ass[ist]

    Captain Palmer was sustained by the Court of Assistants (Records, i. 98), and owner Sheafe had 9s 4d additional costs to pay.]

    Bridgham agt Stilson

    Jonathan Bridgham Attourny of John Bridgham Execr of the last will of Henry Bridgham plaint. agt Vincent Stilson Deft The plaint. withdrew his action

    Phillips agt Long

    William Phillips Senior plaint. agt Elisabeth Long and John Long Executors to the last will of Robert Long or either of them Defts The plaint. withdrew his action

    Leverett agt Somes

    Hudson Leverett Attourny for Darby Bryan plaint. agt John Somes Cooper Deft in an action of the case for witholding the Summe of thirty one pound eleven Shillings and six pence or thereabouts in mony and halfe a barrell of Molasses at twelve Shillings & six pence with due damages &c. . . . The Jury . . . found for the plaint. Seventeen pounds fourteen Shillings mony and costs of Court allowd thirty three Shillings ten pence.

    Execution issued. augo 6. 1677.

    Greenleife to Bronsdon

    Enoch Greenleife Senior personally appeared before John Leverett Esqr Govr and Edwd Tyng Esqr Assist. July. 30th 1677. and confessed Judgemt agt his Estate and person for twenty six pounds nine Shillings eight pence mony due unto Robert Bronsdon according to bill on file.

    as attests. Jsa Addington Cler

    Spowel to Waldron

    William Spowel Junr appearing in Court. 31o July confessed Judgemt agt his Estate and person for four pounds five Shillings mony according to bill on file with charges unto Jsaac Waldron.   [458]

    Barber to Tay

    Thomas Barber personally appeared before the Honored John Leverett Esqr Govr and Edward Tyng Esqr Assist. Septembr 19o 1677. and confessed Judgemt agt his Estate and person unto John Tay for the Summe of Five pound six Shillings three pence in mony due according to Accot on file.

    Execution issued 7br 20th 1677.

    as attests. Jsa Addington Cler

    Curtis to Vsher

    John Curtis of Roxbury personally appearing before the Honord John Leverett Esqr Govr & Daniel Denison Esqr Assist. 25o Septr 1677. confessed judgement against his Estate and person unto Hezekiah Vsher &c. Executors of the last will of mr Hezekiah Vsher decd for the Summe of Forty one pound Fifteen Shillings eleven pence in mony in full ballance of all accounts.

    as attests. Jsa Addington Cler

    Matson to Holbeach

    Thomas Matson appearing in Court. 31o July, confessed Judgemt agt his Estate and person unto John Holbeach for Six pounds Six Shillings and eleven pence mony according to bill on file.

    John Holbeach appearing in the Office. Augo 2d 1677. acknowledged that hee was fully Satisfied by Thomas Matson for the abovewritten Judgemt

    as attests. Jsa Addington Cler

    Saffin agt Middlecott etc.

    John Saffin plaint. agt Richard Middlecott and John Walley or either of them Defendts in an action of the case for witholding of the Summe of thirteen pounds in mony due to him the sd John Saffin by ingagemt under the hands and Seales of them the sd Middlecott and Walley bearing date Janury 27o 1676. being for paymt of Rent due for a certain warehouse hired by Jacob Jesson of sd Saffin with all other due damages etc. . . . The Jury . . . found for the Defendts costs of Court.

    Hoppin agt Cooper etc.

    Thomas Hoppin plaint. agt Elisabeth Makepeace, Josiah Cooper and Waitstill his wife or either of them as they are Execrs to the last will of Thomas Makepeace Deft in an action of the case for not paying the Summe of ten pound with what else may appeare as a Legacy in the last will of sd Makepeace to bee due to the plaint. with other due damages etc. . . . The Jury . . . found for the Defendt costs of Court.   [459]

    Parmiter agt. Severans

    John Parmiter plaint. agt Samuel Severans Deft in an action of debt of twenty pounds due by bill bearing date the. 24th October. 1676. under the hand and Seale of said Severans to bee paid in currt mony of New-England or merchantable boards at thirty five Shillings per thousand with all other due damages &c. . . . The Jury . . . found for the plaint. one quarter part of the Sloop increase being Forfiture of the bill & costs of Court Eighteen Shillings two pence.

    Execution issued. 11th July. 1678.

    Spowel to Scarlett etc.

    William Spowel Junior appearing in Court confessed Iudgement agt his Estate and person for five pound two Shillings six pence mony due unto John Scarlett Execr of the last will of Capt Samll Scarlett and Elisabeth Freake admx of the Estate of mr John Freake decd

    Execucion issued. augo 6. 1677.

    Hudson agt. Smith

    Capt William Hudson plaint. agt Joseph Smith Defendt in an action of the case for not paying the sd Capt Hudson twenty one pounds and thirteen Shillings or thereabouts in mony due by booke upon accompt from his late Father Francis Smith decd which sd debt the sd Joseph Smith hath legally made himselfe liable to pay by entring upon and possessing the Estate of his sd Father contrary to law title wills, with interest & all due damages &c. . . . The Jury . . . found for the Defendt costs of Court.

    Lidgett agt Paige

    Charles Lidgett plaint. agt Nicho Paige Deft in an action of Reveiw of a case tried at the last County Court held at Boston for the Summe of £.243:02:0. good and currt mony of New-England due by bond under his hand and Seale bearing date. July. 20th 1676. with all other due damages &c. . . . The Jury . . . found for the plaint. the Forfiture of the bond being. £.243:02:0. mony & costs of Court. The Court on request of the Deft and hearing of the plaint. chancered this Forfiture to one hundred twenty one pound eleven Shillings mony & costs of Court.

    Henchman agt. Meader

    Capt Daniel Henchman plaint. agt John Meader Defendt The plaint. withdrew his action.   [460]

    Hudson agt. Rummin

    Captn William Hudson plaint. agt John Rummin Defendt The plaint. was nonSuted upon non appearance.

    Deane agt Whiting

    Thomas Deane assigne of Robert Noakes plaint. agt Joseph Whiting Defendt The plaint. withdrew his action.

    Leverett agt. Lawrence

    Hudson Leverett assigne of William Phillips Senior plaint. agt Nicholas Lawrence Deft in an action of debt of fourteen pound in mony due by bill under his hand bearing date the. 25th of January. 1676. with all other due damages etc. . . . The Jury . . . found for the plaint. Eight pounds mony and costs of Court allowd twenty two Shillings.

    Execucion issued augo 7o 1677.

    Thacher etc. Fined. 10s apeice

    The Court Sentenced mr Tho: Thacher Iunior and Joshua Lamb to pay the Summe of ten Shillings apeice in mony as a fine for not attending to Serve on the Jury of Tryalls according to Summons.

    Proutt to Conney etc.

    Timothy Proutt Iunior appearing in Court Augo 2d 1677. confessed Judgemt agt. his Estate and person unto John Conney Attourny of Capt Samuel Mosely and John Jndicott, for twenty two pounds Eleven Shillings in mony.

    Execution issued augo 9o 1677.

    Stone to Freake

    John Stone of Salem appearing in Court augo 2d 1677. confessed Judgemt agt his Estate & person unto mrs Elisabeth Freake admx to the Estate of mr John Freake decd for thirty nine pounds Sixteen Shillings and ten pence in mony according to two bills on file.

    Committee for dividing Sharp’s Estate

    The Court impowers Deacon Wm Parke and Thomas Gardner to make the division of the Estate of the late John Sharp of Muddy River according to the Courts Setlement thereof and to Set out the widdows part of one hundred pounds, in movables so far as they will reach and the rest in such part of the land as will not indamage the Childrens parts and to make theire return to the next County Court.

    Barbur his Licence

    Samuel Barbur of Meadfeild is allowed to keepe a house of publique Entertainmt for the yeare insuing.

    Everden Find £.5.

    Walter Everden Iunior convict by his own confession in Court of committing Fornication with Ruth Lock: The Court Sentenced him to bee whip’t with twenty Stripes; upon his petition The Court remitted his punishmt upon the payment of five pound in mony presently.   [461]

    Mathews whipt.

    Grace Matthews convict in Court by her own confession of Jdleness, begging and lying: Sentenced to bee whipt with Fifteen stripes.

    Wheeler Find £.5.

    Tho: Wheeler convict in Court by his own confession of Selling drinke without licence. Sentenced to pay five pounds in mony fine to the County according to Law & to give bond with Sureties of one hundred pounds not to transgress the law in the like kinde for the future standing committd &c.

    Seaver his Estate setled.

    For a Setlement of the Estate of the late Nathaniel Seaver of Roxbury decd Jt is Ordered that Sarah his Relict have the whole Estate to improve for her own & her Childes maintenance, till the Childe come of age to choose a guardian, and that then the Estate bee equally divided between the sd widdow & the onely Childe of the sd Nathanael by her, the one halfe thereof to the use of the sd Sarah and her heires for ever, & the other halfe to the use of the Childe.

    Order for apprizall of Hitts Estate

    Jt is Ordered that Nathanael Greenwood & Wm Greenough do apprize what Estate is now left that was formerly belonging to Eliphalit Hitt, who dyed intestate & to make return to the next Court of this County upon theire Oathes that so the sd Estate may bee Setled and divided.

    Barlow her Guardian

    Sarah Barlow daughter of Thomas Barlow sometime of Boston decd appeared in Court and made choice of Daniel Turill Senior and John Conney to bee her Guardians which they accepted of and the Court allowed they giving bond according to law.

    Man his discharge.

    Upon due proclamation made John Man was discharged from his bonds for the good behavior

    Freemen made.

    William Gibson & Nathanael Barnes both of Boston tooke the Oath of freedom of this Colony.

    Bridge his Estate Setled

    For a Setlement of the Estate of John Bridge of Roxbury who dyed intestate. Jt is ordered that the whole movable Estate shalbee to the use of Prudence Bridge his widdow her heires and assignes for ever, and the improvemt of all the lands for her own maintenance and Education of the Children left by sd Bridge till the eldest come of age, and that then one third onely of the lands shalbee to the use of the widdow during her life and the other two thirds proportioned to the Children, the eldest Son to have a double portion & at her decease the other third injoied by her during life to bee alike proportioned among the Children.

    Bartholmews discharge

    mr Wm Bartholmew by reason of age is discharged from attending upon ordinary traynings, hee keeping armes in his house according to law.   [462]

    Herris Find £.5.

    Thomas Herris complained of for selling Liquor to Jndians and entertaining of them contrary to Law: The Court on consideration of what was alleaged & proved against him Sentenced him to pay five pounds in mony fine, charges of prosecution & fees of Court standing committed &c.

    Drurey Find £.5.

    Mary Druery presented to this Court by the Grandjury for refuseing to live with her husband and being called Shee owned Shee did not live with him who is her outward husband The Court Sentenced her to pay five pounds in mony fine to the County & fees of Court standing committd untill the Sentence bee performed: The sd Mary appealed unto the next Court of Assistants & her Selfe mr Samuel Shrimpton & mr Em Hutchinson were bound for prosecution thereof.

    [Mary had refused to live with her husband, despite an injunction from the Court of Assistants to do so (see above, p. 754). Filed with the case are numerous depositions respecting Hugh Drury’s relations with both his wives, the first (S. F. 1644.9) being from his brethren of the church:

    9:1:7/76/7

    The Testimony of Deacon Henry Allen and abel porter testifieth that Brother Drury did in the oppen Congregation declare his willingnes to live with his wife as A husband ought to live with his wife, and also at another meeting with four of the Brethren at goodman Daws his hous did promis that if shee would com to him Again what was Amiss in him should bee mended, shee being their present. many Arguments weer vsed by us to perswade her. but to litle effect as wee saw. shee was neare his dore and wee Could not perswade her to goe into his hous. So that wee Judg that Brother Drury haue don his utmost to perswade her to Returne but to no effect and forder saith not

    Henry Alline

    Abel Porter

    S. F. 1644.5

    Wheras wee vnderstand that our Ioveing and well Respected Brother Drury hath since the death of his Loveing wife our Dear sister mett with many troubles the which is no small greif but A great troubl to us. knowing how dear and tenderly loveing they lived together for above thirty years, to the great Content of our dear father and Mother now with the lord, and to the great satisfaction and content of all us her Brethren, and in all the discours private or bublick that ever wee had with our dear sister Drury. wee never vnderstood any such thing from her as now our loveing Brother Drury is charged with since her death. Neither did wee ever perceiv any dissatisfaction in any kind from our dear sister Concerning her loveing husband, but shee alwaies did expres A high esteem of him to the very day of her death Neither doe wee believ that which is Reported of him is true. Dated first October 1677

    Henery Rice

    Edward Rice

    Thomas Rice

    Joseph Rice

    Beneman Rice

    Elisebeth the wife of Henry Rice and Mary the wife of Thomas Rice haveing many times had secret Discours with our dear and loveing sister Lidia Drury. and such secret discours as is not meet heer to bee inserted, and as wee think, knew as much of her mind while shee lived as any two women did in New england. yet in all our discours with her wee did never apprehend any dissatisfaction in her husband but that she did take full content and satisfaction in her husband. Neither do wee beleiv that that is Reported of him is true

    the mark   e   of elisebeth Rice

    the mark   m   of Mary Rice

    [Endorsed:]

    Certificate for Hugh Drurys manhood, referred to further search & tryall

    S. F. 1644.11

    The Deposition of Lydia Cheeuers Aged fiuety fower yeares or therea[bouts] testifieth & saith that some yeares since hauing Discourse wth Lydia Drewry [the] formr wife of Hugh Drewry vpon occasion in discourse sajd to mee that [she] might haue had more children then one if God had seene it good the which occasioned me to haue some speech with martha Cousens and shee told [me] that the wife of the sajd Drewry sajd to hir; that if the Case were now with [her] husband as it was formerly shee might haue more children as we[ll as] other weomen, and she sajd hir husband went to England to gett helpe but Could Gett none.

    Taken vpon Oath the 29th of 6th mo 1677 before mee Anthony Stoddard Commiss

    S. F. 1644.12

    Worcester

    Boston 8th October 1677.

    May it please the Hond

    May it pleas the honnoured court, wheras it is testified by one of the witneses. that my former wife should say that I went to England to gett help or cure for som distemper as I think her meaning is. if the court bee pleased to give mee my oath. I will take it. that I never had any such thoughts in my heart, nor word in my mouth. Neither did I ever hear my wife speak such A word in my life, till I heard it out of goode Chevers her testimony in the court hous

    S. F. 1644.10

    The testimony of Nathaniell Bishop aged about seuenty years sayth meeting with Hugh Drury in the street [torn] to speake wth me about a distemper he was t[aken] with I asked him what it was he told me [torn] some thing that did issue out of his hinder [torn] that was very afflictiue to him I asked him [torn] he had not the runinge of the reines he said [torn] he got a hurt with a great peece of timber [torn] a wraft by which this trouble came I told [torn] I feared he had broke some veine in his body it must either be the emrods veines or else the [torn] veines from which that euacuation came: [torn] him what couler the matter was [torn] from him he told me it was of a yellowis [torn] with a hot & iching nature, that was most [torn] in sommer time I told him I did conceiue it was som breach of the semenalls being from [torn] did proceed: he said to me he did beleue it di [torn] from thence, & further sayth not,

    this was about fiue or six yeares since to [torn] best remembrance

    Taken upon oath in [torn]

    9.8.77.

    Tho Dan [torn]

    S. F. 1644.7

    Rachell Harwood aged 56: testifieth & saieth yt

    Seeing goodwife Drury, I asked her how she did, she said she was not well; I told her I did think she was with child; she said I was a simple woman for my thoughts; I asked her how old she was, she said not so old but that she might have children, I asked her if she knew any thing to ye contrary, she said she did; for she said she never was with child since she had her son Iohn; & said alas my husband hath had a great weaknes upon him along time, & my care is what I shall do for him, as for children I thank the Lord I am content with my portion. And farther saith not.

    S. F. 1644.8

    The Deposition of Mary Drury aged fifty fouer years or ther abouts [Te]stefyeth and saith; that she being marryed to Hew Drury, after [the] time of hir marrig I the said mary Drury loged with [him] six weekes or thear abouts, in wich time the said Hew Drury [nev]er had fellow ship with me as a husband thou he did indeuor [it] the two first nites I lay with him he in deuored it but he neuer had fellow ship with me, nor was abull; after the time aboue mentioned I had a Violent Case wich did dissturbe him [torn] his rest, and by his Consent lay alone till my Case was seassed; and after I was better of my Case I loged with him [torn] monthes, in all wich time he neuer offered to haue fellow ship with me.

    Taken upon oath in court 9.8br 77.

    Thomas Danforth

    S. F. 26619.2

    The Testimonie of William Dawes and Susanah his wife testifieth and saith That Leftenant Drury coming to our hous som time in Febreary last tould us that hee heard that his wife had som inclination to com hom to him. which wee weer verry glad off and was willing to further the thing also hee desired my wife to be helpfull to him in the thing with his Daughter Mary Drury. my wife and Mary Drury addvised themselves to the said Leftenant Druryes wife, wher they found her as they thought prittie willing to hearken to them, and ther vppon she promised to meet with her husband at my hous. and shee did com and meet him their, hee kindly Sallutted her and tould her hee was glad to see her. and with[al] hee tould her if shee pleased to forgett all diffrances between them, hee would bury all and never mention anny thing, my Self and my wife and Mrs Winsloe being present, wee did vse the best Arguments wee could with her as god did inable us and by entreaties as much as we could, wee found but litle encouragment in the design. I tould her her husband had com three parts of the way and it was hard if shee would not meet him the other part, but at length shee tould her husband that some of the principal men of the town had advized her not to com. I tould her I thought their counsell was not of god but of sathan. and she went Away with that Resolution above mentioned, at which her goeing Away wee were all very sorry

    Also my wife and I. by Brother Druries entreatie have gon and vsed all the Arguments wee could to perswade her to Return to her husband but could not perswade her to it this was severall times before the Above mentioned time, so that wee Judg Brother drury hes vsed all the means that hee posibl can to get his wife to Return to him

    william Dawes

    the mark S D of susana Dawes

    Sarah winsloe

    The following (S. F. 1644.14) is apparently a minute of the court in this case.

    The Question upon ye Case of Hugh Drury whether this Court would Declare it a Nullity, past in the Negative. Jterum. whether they should be Compelled to Cohabit past in the Negat. . . .

    S. F. 1644.4

    Marey Drewrey hir reasons of Apeale form the Sentance of The Honble Co[nty] Court helld at Boston July 31th 1677

    Becawse our first Law or Fundamentall Libertey Js that noe prsons goods or estate shall Bee Taken away or aney wayes endamadged but By virtue or equety of Some expresse Law of the Cuntrey waranteing the same &c: Now the Appealant humbley Conceiues that shee Js not gilltey of the Breach of aney Law of the Cuntrey or aney rule in the word of god by reason of hir Liueing apart from him that pretends him sellfe hir husband; hir Case beeing Considered as in trewth Jt is; Jts trew yor Apealant: did in the Last Cuntrey Court owne that shee did not Liue with him that pretends to Be hir husband and Conceiues shee hath greate reason soe to doe, First Because shee Afirmes and Jt may Otherwise apeare that hee Js Not Truley hir husband Secondly shee had h[is] Free and Full Concent to part from him; Jt Beeing Jndeede of his owne Contriuance and Not Mrs as has bin Attested in Court By Samuel Shrimp ton and Doctor Cooke; Thirdley Sithence Their parteing and Sithence the Aduise of this honord Court to them: hee hath expressed him Sellfe Vnwilling that yor Apealant should Liue with him; and to preuent hir Coomeing to him Lett out his howse for 21 yeares and putts h[im]sellfe Out to board for the tyme hee was heare in the Colloney; and before the Last Court we[nt] out of the Colloney; soe that Jf yor Apealant weare desireous to Liue with him; yet Knew Not wheare to Fynde him:

    Now whether Jt be Just that yor Apealant should Be Fyned flue pound for Not Liueing with one that Js not hir husband Nor hath a[ney] desire shee should Liue with him; Nor an[ey] Setteled place of Aboade That shee may [torn] wheare to fynde him

    The Apealant humbley Leaues to the serious Consideration of this Honoured Court:

    Marey Drurey

    These Reasons were Received augo 30th 1677

    per Jsa Addington Cler

    The Court of Assistants (Records, i. 101) confirmed the former sentence, after which Mary Drury addressed to them the following petition (S. F. 26619.1), which is the last reference we find to this case:

    To: The Honorable John Leverett Esqr Governor Samll Symonds Esqr Dept Govr & the Honored Assistants now Assembled in the Court of assistants in Boston

    The: Humble petition of mary Drury humble Sheweth that wheras yor petitioner was maryed to Hugh Drury who was then incapasitated for a mariage Estate as may apear by the Relation of his former wife to severall persons her freind[s] Signyfying he was under Some inabillity of Body, as their Severall Testamonyes doe declare, Vizt Wm Avery Rachell Harwood, Susannah Dawes Lidia Cheaver, Marth[a] Coazins & Elisa Edsell, whose relation yor petitioner by her Sad Experience of her pretended husband now kno[ws] to be the truth, & wch She Can frely give her oath unto & wheras your petitioners pretended husband hath fr[om] a verry Little time after her Comeing unto him till the time of her parting been Exceeding unnaturall & unkind to her both in Sicknese & health, as was declared to the honourd County Court, & noe ways hath Caryed himselfe towards her as a Freind much Lesse a husband by wch meanes her Life hath been verry uncomfortable and Burthensome, wch ocationed our parting wch the honored Court was pleased to take notise of, which parting what Ever he may pretend to, was first moved & Contrived by himselfe as did apeare by the testamonyes in that Court offered: Wherfore yor petitioner humbly prayeth that your honours would please Seriously to Consider her disstressed Condition & give her what releife Justice & reason may afford, that She may be freed from such an unsupportable burthen & yor petitioner Shall Ever Pray &c.

    M The marke of Mary Drury]

    Grace a Negro whip’t

    Grace Wm Colemans Negro convict of committing Fornication and having a bastard Childe; Sentenced to bee whip’t with twenty Stripes & to pay fees of Court standing committed etc.

    Wright Find 5s

    Robert Wright presented for Stealing, owned that hee tooke three rayles belonging to mr Jacob Eliott without Leave: Sentenced to pay five Shillings in mony fine to the County, three Shillings in mony to mr Eliott and fees of Court standing committed &c.

    Griffith Find £.2.

    William Griffith complaind of for assailing of John Casey & his wife upon the highway in theire comming from Roxbury, in the Evening: The Court having considered of what was alleaged and proved agt him Sentenced him to pay Forty Shillings in mony fine to the County twenty Shillings in mony to John Casey & fees of Court standing committed &c.

    Mills Find 10s

    John Mills Senior of Brantery convict by his own confession in Court of Selling a gill of liquor to Jndians Sentencd to pay ten Shillings in mony fine to the County according to Law.

    Moyle Find £.5.

    Jeffery Moyle complaind of for prophane wicked Swearing curseing threatning and for other misdemeanors The Court having heard & considered the Evidence produced against him & his own confession in Court Sentenced him to bee whip’t with twenty Stripes or to pay five pound in mony fine to the County & fees of Court standing committd &c.

    Kinde his Licence

    Arthur Kinde upon approbation from the Select men of Boston was licensed to Keepe a Cookes Shop to Sell onely penny beere with his victualls for the yeare insuing; who gave bond for observance of ye laws.

    Hudson his Licence

    Captn Wm Hudson had his licence renewed to Keep a publique house & to Sell wine beere & Cider by retaile for the yeare insuing; who gave bond for observance of the laws.   [463]

    Wing his Licence

    John Wing upon approbation of the Select men of Boston was licensed to keepe a house of publique entertainmt to sell wine beere Cider &c. by retaile for the yeare insuing, who gave bond for his observance of the laws.

    Feild her grant

    Jn answer to the motion and request of Mary Feild widdow Relict of Robert Feild decd and her Children: The Court considering her necessities and her being a joint purchaser of the lands in Boston whereof her sd husband dyed Seized as appeares by the Deed thereof, do grant her full power to make Sale of one full halfe part of sd land for the paymt of her husbands debts and her own maintenance.

    Brewster whip’t

    Margaret Brewster of Barbados convict in Court by her own confession of comming into the South meeting house in Boston upon the Sabbath day in the time of dispensing the word of God in a disguised manner with her face blackt her haire dishelved about her Shoulders, ashes on her head and sackcloth on her Shoulders, to the disturbance of the congregation and prophanation of the holy Sabbath: Sentenced to bee stripped unto the waste and to bee tied to a cart’s tayle and whip’t out of the Town with twenty Stripes, begining at the sd meeting house, this to bee done upon the next Lecture day in Boston, and the Marshall is ordered to see the Execution thereof Shee standing committd &c.

    Wight Sentencd

    Lidia Wight of Long Jsland convict of accompanying the sd Margaret Brewster into the sd meeting house in her disguise at the time aforementioned, Sentenced to bee tied to the Cart and to accompany the sd Margaret when Shee receives her punishmt

    Mills

    Mary Mills of Blackpoint convict as abovesd is alike Sentenced to bee tied to the Cart.

    Bower

    Barbery Bower of Charlstown convict of comming into the sd Meeting house at the same time when the said Margaret was there in her disguise is alike Sentenced to bee tied to the Cart.

    Vsher his discharge from Execr

    Jn answer to the petition of mrs Mary Vsher widdow Hezekiah Vsher and John Vsher Executors of the last will of mr Hezekiah Vsher late of Boston merchant decd that the sd John Vsher might bee freed from his sd Executorship: The Court grants the Petitionrs theire request therein and discharge the sd John Vsher.

    The Court adjourned to thursday the. 9o of augo at eight in the morning.   [464]

    August. 9o [email protected]

    The Court met according to adjournmt

    Present

    • Govr
    • Tho: Clarke Esqr
    • Edwd Tyng Esqr
    • Joseph Dudley Esqr

    Smith whip’t

    John Smith imprisoned for his living idley, giving no account of his buisness here, but rendring himselfe suspitious both in his words and carriages. Sentenced to bee whip’t out of Town at a carts taile with ten Stripes and ordered that if hee return again hee shalbee imprisoned.

    Earle appointd Keeper

    Robert Earle is appointed to bee the Keeper of the prison in Boston and Thomas Matson the present Keeper is ordered upon sight hereof to deliver up the keys and the prisonrs unto his charge: and the said Earle is ordered to keepe up Jeffery Moyle a close prisonr untill hee shall by order of Authority bee delivered to the Marshall to bee Ship’t off; giving him liberty to walke in the Town by day with a keeper hee being at the charge thereof.

    Lake his Guardian

    John Lake Execr of the last will of his uncle John Lake late of Boston decd appeared in Court & made choise of mr James Tayler to bee his guardian during his minority, relating unto his Executorship and his right and interest in his sd uncle his Estate; which the sd Tayler accepted and the Court approved of, hee giving in Security according to Law.

    Pepper his Estate Setled

    An agreement between Robert Pepper on the one party and his daughter in law Mary Pepper of the other party for the Setlement of the Estate of Joseph Pepper decd the Son of the sd Robert Pepper between the aforesd Mary Pepper widdow of the abovesd Joseph Pepper and her daughter Bethiah Pepper Jf this Honord Court see reason to confirme it, if not both partys do freely Submit themselves to yor pleasure earnestly desiring that you would please to Settle it: Now the agreement is this that the Childe shall have twenty and one acres of Land that Lyeth together meadow and upland apprized in the Jnventory at Sixty pounds, and the sd widdow shall have all the rest of the Estate that did belong to her husband abovesd Joseph Pepper decd as her own proper Estate Shee paying all the debts and bringing up the Childe untill it come of age or marriage and in consideration that the house standeth on the Land belonging to the Childe they have mutually agreed that the sd widdow shall have an acre of land where the house standeth beginning four rods beyond the North end of the house & abutting by the highway and so along beyond the South end of the house, and the widdow shall fence in this acre of land & orderly plant it with fruite trees for an Orchard, and when the [465] Child comes of age or at marriage the Childe shall have halfe of this Orchard the widdow shall have that part next to the house and Shee shall take equall care of the whole both for planting and fenceing & manuring; as also the aforesd Widdow shall have the improvement of the Childes part untill the age of one and twenty yeares or its marriage; also it is agreed that Shee shall make no stripping waste of wood on the Child’s part, but shalbee allowed fire wood for own family, and what timber shee needs for to fence in the Land with or for building; but not to Sell or otherwise dispose of any great wood; as also wee do agree that each party shall choose one man to see that there bee no wrong done to the Childes part according to the true intent hereof Dated this. 3. of august. [email protected]

    Robert Pepper

    Mary Pepper

    • Witnesses
    • William Gary
    • Edward Morris

    Ownd in Court. 3d augo 1677. by the partys Subscribing to bee theire act and deed and The Court confirmed it.

    as attests. Jsa Addington Cler.

    Rigbee Find 20s

    Samuel Rigbee presented for drunkenness Swearing Jdleness and absenting himselfe from the publique worship of God: The Court upon the hearing and consideration of, what was alleaged agt him Sentenced him to bee whip’t with ten Stripes or to pay twenty Shillings in mony fine and fees of Court standing committd &c.

    Order about Hawkins her mony.

    In answer to an order of the Generall Court relating to the mony paid by mr Sampson Sheafe to mr Richard Collacot assignee of Lt Richard Cooke for & in behalfe of the wife and Children of Thomas Hawkins: The Court Orders the Clerke to take Security of mr Collacot for the payment and improvemt of the sd mony by a mortgage of one halfe of his Fanne at Milton.

    Brown to Brading

    Josias Brown of Marblehead personally appearing before John Leverett Esqr Govr and Edward Tyng Esqr Assist. Octo 12o 1677. confessed Judgemt agt himselfe & Estate unto James Brading of Boston for Five pounds & Eight Shillings according to bill to bee paid in mony or Fish at mony price.

    as attests. Jsa Addington Cler 1677 [466]

    Clements to Brading

    John Clements Fisherman personally appeared before John Leverett Esqr Govr and Edward Tyng Esqr assist. Octobr 23o 1677. and confessed Judgement against his Estate and person unto James Brading for Eighty pounds to bee paid in fish.

    as attests. Jsa Addington Cler

    Herris etc. to Deane

    Thomas Herris and Edward Cowel both of Boston personally appearing before Daniel Denison Esqr and Thomas Clarke Esqr Assists Octo 25o 1677. confessed Judgement against theire Estates and persons jointly and severally unto Thomas Deane of sd Boston merchant for One hundred thirty two pounds to bee paid in currant mony of New-England according to bond on file. datd 19o Decembr [email protected]

    as attests. Jsa Addington Cler

    mr Tho: Deane personally appearing augo 16. 1678. acknowledged he was fully satisfied this Judgemt by Edwd Cowell.

    Jsa Addington Cler

    Codner to Brading

    Joshua Codner of Marblehead personally appearing before Edward Tyng Esqr and Joseph Dudley Esqr Assists Octobr 26o 1677. and confessed Judgement agt his Estate and person for thirty five pounds in mony to bee paid unto James Brading of Boston.

    as attests. Jsa Addington Cler

    Hickson Senta

    Samuel Hickson complained of for running away from his Master John Hill Stealing &c. The Court Sentencd him to bee whip’t with Fifteen Stripes and order his Master to make Sale or otherwise to dispose of him in or out of the Country and to pay fees of Court standing committed etc.

    Symmons Senta

    Robert Symmons convict by his own confession in Court of taking up a peice of Stuffe valued at £.4:10:0 and £.3. in mony which hee saith hee found in the streete (the stuffe being challenged by Edmund Mountford) and not making it known or crying of it according to law; but imbezelling and converting it to his own use. Sentenced to bee whip’t with fifteen stripes and to pay unto Edmund Mountfort Nine pounds mony and to pay £.4. mony fine and fees of Court standing committd &c. and his Master Conney is ordered to dispose of him to Serve in any of his Majties Dominions and to bee accountable to the County for one third of his price

    Mackalucey Senta

    Katharin Mackalucey convict of confederating with Robt Symmons in concealing of goods and mony which the sd Symmons sth hee found, and not attending the law to cry it; Sentenced to bee whip’t with ten stripes and order that her masf Conney make Sale of her in any of his Majties Dominions paying fees of Court standing committd &c. [467]

    Bridgham his Estate Setled

    For a Setlemt of the Estate of the late Benjamin Bridgham decd The Court orders that the Bretheren of the sd Benjamin shall have and injoy the whole Estate left by sd Benjn both in lands and movables to theire own proper use (the house hold goods except) debts and funerall charges being first paid with what hath been necessarily expended by Sarah his Relict for her own and Servants maintenance since her husbands death; as also that the Servant late sd Benjamins Serve out his time with the sd Bretheren they fulfilling his Jndenture: The sd Bridghams paying unto Sarah Relict of theire sd Brother the Summe of two hundred pounds in mony and Shee to enjoy all the house hold goods: and that the sd Sarah deliver up the Estate as is abovesd unto the Bretheren of her sd husband according to Jnventory the mony to bee paid one halfe at three months’ end, the other halfe at Six months.

    [S. F. 1591

    To the Honored Ginrall Courtt Maggestrates and Debetyes Now Setting in Boston the humble petition of the Subscribers;

    Sheweth that your petitioners heauing For Sum time Laboured and Wated in a Bisnes Which to them as they Vnderstand itt; is of Sum Consederable Importt & Vallue; and in the Jshue may; nott bee in Vain for the futuore Unto others in the Like Case Much Honored With all Due Caor to auoid tediousnes (in shortt) the Case is our Brother Benjamine Bridgham is dead Jntested and Leaftt noe Jshue maile or femaile; Butt a Widdow; With home wee heaue treated as Ciueilly as Wee Possiblely Could by our Selues and Freinds Butt obtain no Compliance att all; Butt Sum time She Wold Say she Wold Refer itt to Law; Wee when other meanes Used would nott doe; maid our Applycation to the Courtt according to Law; title Wills; 3 Section; Which as Wee humble Conseued Was our way; and where such Cases are to bee determined; Butt nott With Standing whott formerly shee had Said att thatt time She Refused to stand to the Courtts determination; and the Courtt forbour to actt; Soe your poor petitioners are with out hope of help Except this Honored Courtt should please to take notis of there Case and directt them; your petitioners doe nott Know nor did thinke thatt the Law beefore Exsprestt had been susspended by the Will of Eather pie; Butt itt had been determinable there; Thow posable an Appeale might bee admitted) our humble desiar therefore is the Honored Courtt Would take Cognisence of our case and yeald us such Releafe as there Wisdom vpon hereing shall see meatt; & your petishenors shall Pray;

    John: Bridgham

    Jonathan: Bridgham

    Joseph; Bridgham

    Henry Alline

    Robert Sanderson; over Seers to the To yonger Brothers;

    The Deputyes Desire or Honord magists will please to giue Answer to this pet in the first place

    William Torrey Cleric

    The magists Judge meet to Refferr the determination of this peticion to: the County Court for Suffolke to make Diuission & Setlement of what is peticoned for as they shall Judge æquall their brethren the deputyes hereto Consenting:

    Edwd Rawson Secrety

    28th may 1677:

    The Deputyes Consent hereto these words being Added, (According to law) desireing the Consent of or honord magists hereto William Torrey Cleric

    Consented to be the magists Edw Rawson Secrety]

    Smith her Estate ordered

    For a Setlement of the Estate left by Elisabeth Smith widdow deced. Jt is ordered that the whole Estate bee divided into five equall parts & so distributed unto the five Children of sd Smith Viz. John, Joseph, Benjamin, Francis, and Sarah, what any of them have already received from sd Estate to bee defalked out of theire respective parts: mr Simon Lynde, James Everell and John Wing are appointed a Committee to Set out the Estate as above and to make return to the next Court of this County. The Return on file with Ianuary Court papers

    Howlett his Estate Setled

    For a Setlemt of the Estate of John Howlett marrinr late of Boston decd intestate. Jt is ordered that the remainder of the Estate (debts being first paid) amounting to One hundred thirty Seven pounds Eighteen Shillings Six pence bee equally divided between Susanna his Relict & Mary his onely Childe: Francis Hudson Father to the said Susanna taking the Childes part into his hands and paying interest for it yearely to its mother towards its education for which hee is to give Security.

    Huffe Find 10s

    William Huffe convict of disorders in his house, Sentenced to pay ten Shillings in mony fine to the County and fees of Court standing committd &c. and the Court caution him not to entertain Lodgers for the future.

    Spencer Find

    Garthwait Spencer convict of selling strong drinke by retaile contrary to law having been under former convictions of the like; Sentenced to pay five pounds mony fine to the County & fees of Court and to give bond with Sureties of £.100: to bee of good behavior for the future especially not to transgress the law in the like kinde for the future standing committd &a [468]

    Pope Find 10s

    John Pope Senior of Dorchester convict of drunkenness Sentencd to pay ten Shillings in mony fine to the County and fees of Court standing committd &c.

    Hastings Senta

    Miles Hastings convict of Swearing and other misdemeanors Sentenced to pay ten Shillings mony fine to the County prison charges & fees of Court standing committd &a

    Earle ordered out of Boston

    Henry Earle is ordered to depart the Town of Boston.

    Lavadure Find £.5.

    Priscilla Lavadure convict by her own confession in Court of retailing wine contrary to law. Sentenced to pay Five pounds mony fine to the County and fees of Court standing committd &c.

    Marsh Senta

    Mary Marsh bound over to answer for stealing severall parcells of Linnen from sundry persons The Court having heard and considered of what was alleaged and proved against her Sentenced her to pay unto mr Paul Dudley six Shillings mony unto Samll Jacklen five Shillings mony being treble damages according to law theire linnen to bee returnd them again and to pay fees of Court standing committd &c.

    Lavis ordered to pay charges

    Robert Lavis convict of giving out suspitious words in a threatning way Ordered to pay charges of prison and fees of Court and so to bee discharged.

    Brookings his Licence

    John Brooking had licence granted him upon approbation of the Select men to keepe a Cookes Shop and to Sell penny quart beere; who gave bond for observance of the laws and his Licence.

    This Court dissolved [469]