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

    Present

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

    Grand Jury the same with the former Court

    Jury of Tryals Sworn

    • mr James Whetcomb
    • Nathanael Pitcher
    • Samuel Bates
    • Wm Lyon Senr
    • Stephen Paine
    • Robert Weares
    • James Atherton
    • Wm Richards Senr
    • Joshua Fisher
    • Daniel Preston
    • John Chubbuck
    • John Turner

    [Waterhouse v. Usher]

    David Waterhouse or his Lawfull Attourny plaint. agt John Vsher Deft in an action of the case for witholding the Summe of two hundred and Forty pounds currant mony of New-England being the Forfiture of an Obligation under his hand & Seale bearing date January. 31o 1676. with all due damages etc. . . . The Jury . . . found for the plaint. two hundred & Forty pound mony forfiture of the bond & costs of Court: Vpon request of the Deft the Court having heard both parties (the plaint. acknowledging the receipt of One hundred and twenty pounds), chancered this Forfiture to thirty pounds mony the full remainder of the condition of sd Obligation & costs of Court. thirty four Shillings & 3d

    [Tayler v. Usher]

    James Tayler plaint. agt John Vsher Deft in an action of the case for witholding the Summe of Four hundred and Fifty pounds in currant mony of New-England due upon the Forfiture of an Obligation under his hand & Seale bearing date January. 31o 1676. with all due damages &c. . . . The Jury . . . found for the plaint. four hundred and Fifty pounds mony Forfiture of the bond & costs of Court. Vpon request of the Deft & hearing of both parties (the plaint. acknowledging the receipt of One hundred & Eighty pounds) The Court chancered this Forfiture to Forty five pounds mony the full remainder of the condition of sd Obligation & costs of Court, thirty four Shillings & three pence

    Allein agt. Vsher

    Josias Allein plaint. agt John Vsher Deft in an action of the case for witholding the Summe of three hundred and Sixty pounds in currant mony of New-England due upon the Forfiture of an Obligation under his hand and Seale bearing date the. 16th of January 1676. with all due damages &c. . . . The Jury . . . found for the plaint. three hundred and Sixty pounds mony Forfiture of the bond & costs of Court. Vpon request of the Deft & hearing of both parties, (the plaint. acknowledging the receipt of one hundred & Eighty pounds) The Court chancered this Forfiture to Forty five pounds mony the full remainder of the condition of sd Obligation & costs of Court. 34s 3d   [470]

    Ballard agt. Watts

    Jarvis Ballard plaint. agt the Estate of Michael Watts of London Merchant in the hands of Benjamin Davis or wheresoever it may bee found Deft in an action of the case for the witholding or non payment of thirty two pounds and ten Shillings or thereabout due in mony upon accot with all other due damages etc. . . . The Jury . . . found for the Defendt costs of Court. mr Hudson Leverett appearing as Attourny for the plaint. appeald from this Judgemt unto the next Court of Assistants and himselfe principall in thirty two pounds and John Fayreweather and William Coleman Sureties in £.16. apeice were respectiuely bound . . . for the prosecution of sd Appeale . . .

    [See Records of Court of Assistants, i. 112.]

    Raynsfords agt Green

    John Raynsford David Raynsford and Solomon Raynsford plaints agt William Green Deft in an action of trespass upon the case for improving and wharfing upon a peice or parcell of Land beach or Flatts jointly belonging to them the sd Raynsfords lying at the Southerly end of the Town of Boston in the reare of theire Father Raynsfords Orchard pretending an interest in the sd Land or Flatts, and thereby defaming the just and Legall title of the plaints thereunto, which is to theire damage about one hundred pounds with all other due damages etc. . . . The Jury . . . found for the plaints the land in controversy & costs of Court allowd twenty Seven Shillings eight pence.

    Thwing agt Hawley

    Benjamin Thwing plaint. on appeale from the Judgement of the Worppll Joseph Dudley Esqr agt Dorothy Hawley Defendt The Judgement Reasons of Appeale and Evidences in the case 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 Defendt confirmation of the former Judgemt (which was for forty Shillings mony damage & cost) and costs of Court.

    Fowle agt Stevens

    Jacob Fowle plaint. agt. John Stevens Deft in an action of the case for not rendring an accot nor the produce of a parcel of Fish Oyl and apples betrusted with him in the yeare. 1676. amounting to the value of twenty four pounds two Shillings five pence as appeares under the hand of the sd Stevens whereby the plt is damnified the abovesd Summe of mony &c. . . . [471] The Jury . . . found for the Defendt costs of Court.

    Alderedge agt. Stevens

    Samuel Alderedge plaint. agt John Stevens Deft in an action of the case for not rendring an accot of nor the produce of a parcell of Fish apples and onyons betrusted with him in the yeare. 1676. amounting to the value of Eighteen pounds Seven Shillings and two pence as appeares under the hand of the sd Stevens whereby the plaint. is damnified the abovesd Summe in mony with all other just damages &c. . . . The Jury . . . found for the Defendt costs of Court.

    Brattle agt. Woodbridge etc.

    Capta Thomas Brattle plaint. agt Thomas Woodbridge of Newberry and George Hews of Salisbury or either of them Defts for not delivering unto sd Brattle nor his order on the wharfe in Boston dock twelve thousand foote of good merchantable pine boards according to bond datd March: 17th 1676/7. with due damages. . . . The Jury . . . found for the plaint. the bill Sued for twenty pounds in mony with twelve Shillings mony damage and costs of Court twenty Eight Shillings. 6d

    Execution issued pro Januro 1677.

    Stevens agt Long

    Aron Stevens plaint. agt Zechariah Long Deft for refuseing to pay the Summe of four pound three Shillings in mony or thereabouts due for wages for Service done in the Ship Recovery whereof sd Long is Master, this yeare in her voyage from London to Lizborn and from thence to this place with all due damages &c. . . . The Jury . . . found for the plaint. thirty Shillings and three pence mony and costs of Court Eighteen Shillings six pence.

    Trott agt. Stoddard

    Bernard Trott plaint. agt Sampson Stoddard Deft The plaint. was nonsuted in failure of process.

    Bernard Trott plaint. agt Sampson Stoddard Deft The plaint. was nonsuted in failure of process.

    Way agt. Walker

    Lt Richd Way Attourny of John Hornbrooke plaint. agt. Mary Walker Relict and admx of Obadiah Walker decd Deft The plaint. in failure of process mistaking the Defendts name was nonsuted. [472]

    Edwards agt. Gammon

    Thomas Edwards of Marblehead plaint. agt Robert Gammon Deft according to attachmt The attachmt and Letter of Attourny (no other Evidence being produced) was committd to the Jury; who brought in theire Verdict they found for the Deft costs of Court.

    Wilcocks agt Viall

    Owen Wilcocks Attourny of Peter Barbe of London Mercht plaint. agt Nathanael Viall Deft for not rendring an acco of the dispose together with the produce of a parcell of goods amounting unto by Jnvoyce the value of one hundred and nineteen pounds two Shillings and four pence first cost in London betrusted with him sd Viall to Sell and dispose of for the proper accot of said Barbe as shall appeare under the hand of sd Viall with other due damages &c. . . . The Jury . . . found for the plaint. Seventy pounds mony or the Deft to render an accot of the goods committed to his trust within ten dayes to the Satisfaction of the Court & costs of Court

    Childe agt Longfellow etc.

    Alwin Childe plaint. agt William Longfellow of Newberry and Joseph Dell of Boston or either of them Defts for not paying the Summe of Sixty five pound fourteen Shillings & four pence currant mony of New-England due by bond datd June. 2d 1677. under the hands and Seales of sd Longfellow and Dell with other due damages &c. . . . The Jury . . . found for the plaint. the Forfiture of the bond Sixty five pounds fourteen Shillings and four pence mony and costs of Court. The Defendt Dell appealed from this Judgemt unto the next Court of Assistants and himselfe principall in £.130. Tho: Watkins and John Somes Sureties in £.65. apeice were respectiuely bound . . . for the prosecution thereof to Effect.

    [See Records of Court of Assistants, i. 112.]

    Oxe agt Longfellow

    Robert Oxe plaint. agt William Longfellow of Newberry and Joseph Dell of Boston or either of them Defts for not paying the Summe of two hundred & thirty Six pound in currant mony of New-England due by bond bearing date June. 2d 1677. under the hands & Seales of sd Longfellow and Dell with all other due damages &c. . . . The Jury . . . found for the plaint. forfiture of the bond, two hundred [473] thirty Six pounds mony & costs of Court: The Deft Dell appealed from this judgemt unto the next Court of Assistants.

    [See Records of Court of Assistants, i. 112.]

    Johnson agt Crafford

    Francis Johnson plaint. agt Mordecai Crafford Defendt in an action of debt of five pounds Eight Shillings and five pence in fish due by bill bearing date March. 16o 1671/2. under the hand of sd Crafford, with interest & all other due damages etc. . . . The Iury . . . found for the plaint. five pounds eight Shillings five pence according to bill & costs of Court allowed twenty two Shillings & four pence.

    Wensley agt Davis

    John Wensley of Boston Mercht or his Lawfull Attourny or Attournys plaint. agt Samll Davis Marrinr who married with Elisabeth the Relict and Administratrix of the Estate of the late Captn Na thanael Davenport deced. Deft in an action of the case for an Accot and the produce of sundry goods & merchandizes to the value of five hundred pounds Left with the sd Nathanael Davenport at New-York and committed to his dispose for Acco of sd Wensley with all other due damages etc. . . . The Jury . . . found for the plaint. four hundred pound mony damage or that the Defendt or his Attourny render an Acco upon oath of the Estate that was left in the hands of Captn Nathanael Davenport decd by the plaint. at or before the tenth, of April. 1678. and costs of Court. Elisabeth Davis produceing a Letter of Attourny from her husband appealed from this Judgemt unto the next Court of Assistants and herselfe principall in four hundred pounds and John Walley and Tho: Thacher junr Sureties in £.200. apeice were respectiuely bound. . . for the prosecution thereof to Effect.

    [See Records of Court of Assistants, i. 111.]

    Tailer agt Ellis

    William Tailer administrator to the Estate of FreeGrace Bendall deced. plaint. agt Henry Ellis Deft in an action of debt of Sixteen pound in mony due by bond bearing date March. 18o 1676. under the hand & Seale of sd Ellis with all other due damages &c. . . . The Jury . . . found for the plaint. Forfiture of the bond Sixteen pounds mony & costs of Court.

    Balston agt. Woodbridge

    Jonathan Balston Senior plaint. agt Thomas Woodbridge Deft in an action of debt of Eighteen pound thirteen Shillings in mony due by bill bearing date augo 25. 1676. with due damages &c. [474] . . . The Jury . . . found for the plaint. Eighteen pound thirteen Shillings in mony debt according to bill twenty Shillings mony damage and costs of Court allowd twenty Six Shillings six pence.

    Execution issued pro Januro 1677.

    Hammond agt. Phips

    Elisabeth Hammond widdow plaint. agt. William Phips Defendt in an action of the case for not paying the Summe of three pound six Shillings due for Beife Sold & deliurd him as shall appeare by Evidence with all other due damages &c. . . . The Jury . . . found for the plaint. three pounds mony damage and costs of Court: The Deft appealed from this Judgement unto the next Court of Assistants and himselfe principll in eight pounds, David Copp and John Parmiter Sureties in £.4. apeice were respectively bound . . . for the prosecution thereof to effect.

    [Margret Lourett deposed (S. F. 1682.5) that she saw Samuel Smith, son of Elisabeth Hammond, “weigh a barrell of Beefe to William Philips.” John White deposed (S. F. 1682.6) that while he was working at Sheepscot River William Phillips and Samuel Smith came with a parcel of dry beef, weighing not less than 3 cwt., which Phillips declared he had from the “Roushick” garrison. Other depositions, Phips’ Reasons of Appeal, and Hammond’s Answer are in S. F. 1682.3–8. The Court of Assistants (Records, i. 113–14) confirmed the former judgment of 3l and 35s 10d costs.]

    Hill agt Earle

    Thomas Hill plaint. agt Robert Earle Prison Keeper Defendt in an action of debt of five pound nine Shillings in mony due from Joseph Armitage for wch by Execution upon a judgement of the Commissionrs Court sd Armitage was committed to prison, and by sd Earle permitted to goe without the presincts of the prison whereby the plaint. is damnified the value abovesaide with all other due damages &c. . . . The Jury . . . found for the Deft costs of Court allowd twenty three Shillings.

    Flood agt Legg

    James Flood plaint. agt Samll Legg Deft in an action of the case for not paying the Summe of Fifty two pounds or thereabouts in mony due for wages of worke done onboard and belonging to the Ship William & John by the space of sixteen months or thereabouts at three pound five Shillings per month sd Flood being Shipped by sd Legg, who was Master of the sd Ship as his Mate and so Sailed in her this Last voyage from Boston to Bilbo from thence to London and so to this place being ship’t. May. 29o 1676. and put out of pay about the 30th of Septr Last, to the plaints damage the value abovesd wth other due damages &c. . . . [475] The Jury . . . found for the plaint. six pounds thirteen Shillings three pence mony damage and costs of Court The plaint. appeald from this judgemt unto the next Court of Assistants & himselfe principall in ten pounds and John Morse and John Bull Sureties in £.5. apeice were respectively bound . . . for the prosecution thereof to effect.

    [The case turned on whether the plaintiff, mate of the ship William & John, had or had not made a special agreement with the defendant, master and past owner of the said vessel, to go on half pay while the vessel lay at London. The depositions remaining on file are all in favor of the defendant.

    S. F. 1789.4

    The Deposition of Moses Maverick aged about Eighteen yeares testifieth that hee heard Iames Flood say Severall times at Bilboa that hee would go no further in the Ship William and Iohn then to London and would not go home in her again and that in Bilboa about the begining of Febr. last that Samuel Legg did desire all the men to declare what they would give if hee went for London and they said one month’s pay, and do not remember but that mr Flood was as well Satisfied as the rest and never spoke against it untill hee came for London.

    Sworn in Court Octobr 31th 1677.

    attested per Jsa Addington Cler

    Legg deposed, when the case was reviewed in 1679 (S. F. 1789.7), that after the vessel had been unladen at London, he

    . . . cleered off the Ship the mate and men and paid them their wages & told James Flood that hee might go with whome hee pleased for hee was cleer from mee, and if hee should go with me again I would not give him such wages as J did before and that hee must lye in halfe pay according to the custom of the River; and hee entred on the Ship again at three pounds per month at sea and halfe pay in the River according to custom and that time J could had very able mates for Forty five Shillings per month and in halfe pay to Graves end; but when J came to Gravesend I paid the Seamen their halfe pay and profered Flood his also, hee refused and said hee would leave himselfe to the Owners of the Ship or words to that effect.

    The nature of the plaintiff’s appeal may be inferred from Legg’s answer (S. F. 1789.6):

    Jn Ansr to Iames Floods false charge of Samuel Legg which hee calls Reasons of his Appeale.

    Whereas the plaintife Saith that hee appealed because the Jury found but Six pounds thirteen Shillings and three pence the Defendt had more reason to appeale because they found so much, when there was but three pounds fifteen Shillings due as per Account upon Oath appeared. Jt is granted that Flood was Shipped from Boston to Bilboa at three pounds five Shillings per moth and had had the same wages had they come from Bilboa to New-England for the whole Voyage and was so paid in London when that Voyage was ended, for when wages are paid the Voyage ends, when the Ship was in Bilboa the Defendt called his Company together and declared that they had made a long looseing Voyage, and to make up some part of the Owners loss and to gratify the Company if they would consent to give the Owners one month’s pay then the Ship should go for London and they receive their wages there which was done in kindness to them and the Company freely and unanimously consented to it as Naverick in his testimony Saith that Flood was as well Satisfied as the rest and his Silence argued his consent wn Flood had received his wages in London if hee would not have Sailed in the Ship for three pounds per month hee might have gone elsewhere and have bettered himselfe if hee could, one Evidence Saith that hee said hee would leave the Ship in London but hee was not so good as his word Noyes his testimony onely Saith that at a house neere the Town in Bilbao hee heard Legg Say that hee expected New-England men that went home with him should remain in whole pay but not the time when this was spoken whither before or after they had all consented to give a month’s pay to the Owners upon the Ships going for London, their first intended Voyage was from New England to Bilboa and thence to New England again but Legg with the consent of his Company upon the condition aforesd altered the Voyage and goes for London from Biboa and there payes the men their wages and discharges some of them: That Mates as well as other Seamen are under halfe pay while they are in London untill the Ship bee cleered at Grauesend is evident by a Certificate under the hands of many Masters of Ships besides the custom of our Nation; That Assertion that the Master might give a month’s pay himselfe and bee a Saver too is a foolish mistake for Legg was but an Eighth part Owner and hee had then Six pounds per mo wages and the portlidge bill was but twenty nine pounds three Shillings wages per mo the whole, therefore could not but be a Looser though hee was an Owner; That Legg had changed his wages twice is a very falsehood with the consent of the Company was altered, that hee changed his wages ten times is a great Hyberboly; These things being considered I hope this Honourd Court & Gentlemen of the Iury will see that Flood had no reason to trouble Legg having tendred him his money, much less falsely to charge him with fraud & deceit and consider of the Law (Appeales) Sect. 3. and finde cause to abate of the damages found against Legg by the Honord County Court and the Defendt shalbee and alwaies was as willing to pay the plaintife his just due as ever hee was to Recv it.

    your Honors humble Servant

    Nathaniel Williams Attourny to Samuel Legg.

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

    The Court of Assistants (Records, i. 110) assessed 7l 11s additional damage and 2l 5s 2d costs against the master, who nevertheless obtained a review of the case at the July session, 1679 (see below, p. 1054). See also Legg’s suit for defamation at the January session 1677/78, below, p. 880.]

    Leverett agt. Bullis

    Hudson Leverett Admr to the Estate of Bezaliel Payton deced. plaint. agt Phillip Bullis & Judith his wife Deft in an action of trespass for illegally entring into & keeping possession of a Shop in Boston standing upon the Land belonging to the aforesd Estate whereby the plaint. is greatly damnified with all other due damages &c. . . . The Jury . . . found for the plaint. possession of the Shop Sued for and three pounds mony damage & costs of Court. The Deft appeald from this Judgemt unto the next Court of Assistants and himselfe principall in Sixty pounds, Leonard Dowden & Benjn Davis Sureties in thirty pounds apeice were respectiuely bound . . . for the prosecution thereof unto Effect.

    [The facts of this case, so far as they can be gathered from the papers (S. F. 1753), are as follows: Payton made a contract to buy the land in question from Thomas Lake, took possession, and made outlays in building a house, “a very good one,” deposed Henry Lamprey, who later occupied it, “with a Stack of Chimneys in the Middle glass Windows belonging to every Room of the House & a Wharffe before the Door” (S. F. 1753.6). But he never paid Lake the full price or took legal title. When Payton died, leaving a widow Mary and young children, this piece of property was inventoried as part of his estate. The widow rented most of the house to Lamprey for 12l per annum, retaining two rooms for her own use. Late in 1651 or early in 1652 she married William Paddy, to whom, for two years thereafter, Lamprey paid his rent; which was equivalent to an entry into possession by Paddy. By his common law right as husband Paddy also took over his wife’s personal property, including her share of her first husband’s estate. He paid Payton’s children a sum which perhaps covered their share of their father’s estate. By English common law Paddy was not entitled to his wife’s land, but he might enjoy the rents of it during their marriage and after her death if she had borne him a child (tenure by curtesy). John Hull the mintmaster asserted (S. F. 1753.5) that William Paddy was a man filled with “the Spirit of justice Love & Mercy” (he is named “Blessed William Paddy” on his gravestone), who went to considerable expense in bringing up the Payton children as his own. The defendant contends that the land might properly have been taken over by Paddy in the informal adjustment of family affairs. In 1655, legal title to the land was conveyed by Lake to Paddy; this deed was not recorded until 1677. In the meantime Paddy had died, leaving Mary a widow once more, and providing liberally by will for his Payton step-children as well as for his own full-grown children by a former marriage. The Paddy children, as his heirs, gave a lease of the land and buildings to Philip Bullis, the defendant. Now, many years later, Bullis is sued by the executor of Payton on the theory that the land was part of the Payton estate, so that Bullis’ lease from the Paddy children was worthless.

    Bullis defends himself (see his Reasons of Appeal, S. F. 1753.4, signed with his mark) by defending the Paddy title. His first argument is that Paddy’s possession in 1651 gave him a good title. He relies on the statute of 1657 (General Laws and Liberties of the Colony, 1672 edition, title “Possession”), which states that any person who occupied real estate in his own right in fee simple before the statute of 19 October, 1652 on Inheritances, and retained possession thereof for five years from 20 May, 1657, could, by recording his claim within five years of the last date, “for ever after enjoy the same.” Nothing is said to show that Paddy or his heirs recorded their claim; and Bullis delicately evades the point. But he produced a witness to prove that Paddy in 1651, before he married the widow Payton, discharged unpaid builders’ accounts for the house (S. F. 1753.12), and contended that this payment was made because Paddy already regarded the house as his own. Secondly, Bullis argues that Payton never had legal title, since his contract to purchase from Lake gave no title.10 Thirdly, Bullis relies on Paddy’s legal title under the deed of 1655 from Lake. He contends the failure to record this deed for twenty years is immaterial since Lake did not remain in possession, so that there was no danger that the deed would be used to defraud Lake’s creditors.11 Fourthly, he declares that the inclusion of the land in the Payton inventory is an error, and it is also included in the Paddy inventory. Finally, he urges the justice of the situation, in that Paddy had paid out large sums for the benefit of the Payton children and bequeathed to them legacies much exceeding the value of the land, besides paying Payton’s debts, the purchase price of the land, and a considerable part of the cost of building the house.

    It is hard to see how the plaintiff had any case even if all Bullis’ defenses be rejected. If Payton owned the land, title would descend to his heirs and not to his administrator, Leverett, who was suing. The only proper right of action was in the Payton children. The Court of Assistants (Records, i. 113) reversed the former judgment and assessed 34s 10d costs on Leverett.]

    Arnall agt. Moss

    John Arnall Attourny unto John Seavy plaint. agt Obadiah Moss Deft in an action of the case for non performance of Covenants made by the sd Moss to the sd Seavy in an Jndenture datd pro June. 1671 to the great damage of the sd Seavy wth other due damages etc. . . . The Jury . . . found for the Deft costs of Court allowd Forty Shillings

    Vrin agt Wheeler

    Jane Vring plaint. agt Henry Wheeler Deft in an action of the case for not paying the Summe of five pound twelve Shillings in mony due for three months and a halfe Service of Roger Kelley with him saide Wheeler Let unto him by the sd Vrin at thirty two Shillings per month on a voyage to Nevis & Jamaica which sd Kelley performed his Service in [476] But the now Defendt witholds the due whereby the now plaint. is damnified the value abovesd with other due damages &c. . . . The Jury . . . found for the plaint. five pound twelve Shillings in mony and costs of Court.

    Perry agt Gill

    Seth Perry plaint. agt John Gill Defendt The plaint. withdrew his action.

    Hayward agt Holbrooke

    Samuel Hayward plaint. agt John Holbrooke Junr Deft The plaint. withdrew his action.

    Harris agt. Sheffeild

    Richard Harris plaint. agt Edmund Sheffeild Defendt in an action of debt of Forty Eight Shillings & three pence in mony due by bill bearing date the. 10th of July 1677. under the hand of sd Sheffeild with all other due damages &c. . . . The Jury . . . found for the plaint. Forty Eight Shillings and three pence & costs of Court twenty two Shillings ten pence.

    Execucion issued 5o 9br 1677

    Tay agt Blake

    John Tay plaint. agt Samuel Blake Defendt The plaint. was nonsuted upon non appearance

    Hutchinson agt Smith

    Eliakim Hutchinson plaint. agt John Smith Defendt The plaint. withdrew his action.

    Nash agt. Edwards

    James Nash Senior plaint. agt Thomas Edwards Deft in an action of the case for not paying the Summe of Fifty pound in mony due for a wharfe of Seventy five foote Long or thereabouts and twenty five foote wide or thereabouts done and made for the sd Edwards by the sd Nash above four yeares since and set up by the order of sd Edwards in Boston with interest & all other due damages &c. . . . The Jury . . . found for the plaint. three pounds twelve Shillings mony damage and costs of Court twenty Six Shillings four pence.

    Vsher agt Vsher

    John Vsher plaint. agt Hezekiah Vsher Deft for witholding the Summe of Seven thousand pounds currant mony of New-England due upon the forfiture of an Obligation under his hand & Seale [477] bearing date Augo 19o 1676. by his non performance of Covenants or Articles therein contained with all due damages &c. . . . The Jury . . . found for the plaint. Forfiture of the bond Seven thousand pounds mony & costs of Court. The Deft appealed from this Judgement unto the next Court of Assistants, who gave bond with Sureties for prosecution thereof.

    [The judgment was reversed by the Court of Assistants. Records, i, 111.]

    Oxe agt Henderson

    Robert Oxe Attourny of Edward Gosling of London marrinr plaint. agt William Henderson Deft for witholding the Summe of twenty Eight pounds fifteen Shillings sterling mony which the sd Gosling did deliver unto and entrust with the sd Henderson in the month of Decembr 1672. who promised to repay and deliver back the sd Summe to sd Gosling or his order on demand as wilbee made appeare by Evidence with just damages &c. The parties joined issue by consent and after the complaint Letter of Attourny and Evidences in the case produced were read & committed to the Jury which remain on file with the Records of this Court The Jury brought in theire verdict they found for the Defendt costs of Court allowd Forty one Shilling Execution issued Januro 30. 77

    Way agt. Knott

    Lt Richard Way plaint. William Knott Defendt The plaint. withdrew his action.

    Tower to Blowers

    William Tower personally appearing in Court confessed Judgemt agt his Estate and person for the Summe of Sixteen pounds ten Shillings & six pence to bee paide in mony unto Piam Blowers or his Lawfull Attourny according to bill on file.

    Sedgwick to Waldron

    Robert Sedgewick personally appearing in Court confessed Judgement against his Estate and person for the Summe of Forty one pound thirteen Shillings three pence to bee paide in mony unto Jsaac Waldron according to bill on file.

    Execution issued 31o 8br [email protected]

    Pratt to Hutchinson

    Timothy Pratt personally appearing in Court confessed Judgement against his Estate and person for Fifty Shillings Six pence in mony due upon accot with charges unto Eliakim Hutchinson.

    Execution issued. Novr 14o [email protected]   [478]

    Longfellow to Holmes

    William Longfellow appearing in Court confessed Judgement agt his Estate and person for two fat Oxen and one fat Cow to bee deliurd in Boston according to Obligation on file unto Michael Holmes or his order within ten dayes or to pay Fourteen pounds in mony.

    Execucion issued for £.14. mo 9br 10th 1677.

    Shrimpton &a Find

    mr Samuel Shrimpton & Samuel Gore were Fined thirteen Shillings and four pence in mony per peice for not attending the Service of the Jury of Tryals.

    Paddy her Guardian

    Rebecca Paddy appearing in Court made choice of mr Anthony Checkley to bee her Guardian; which hee accepted and the Court approved of, hee giving Security according to Law accordingly himselfe in one hundred pounds and Leonard Dowden and Tho: Paddy Sureties in £.50. apeice were respectively bound to the Treasuror of the County for performance of his trust according to Law, and to bee accountable for her portion when called thereto.

    Order to mr Bendalls admrs

    Jt is Ordered that mr Bendalls Admrs do pay the Creditors to that Estate theire just debts with all Speed that is such Creditors as have entred theire claims.

    Order about Streight pond bridge

    Jt is ordered that the Bridge over Streights pond River betwixt Hingham and Hull bee repaired by the next Court of this County in the severall parts of it by those whome it doth belong unto on the penalty of three pounds in mony to bee forfitd to the County.

    Order about the widdow Popes mony

    Jt is ordered that upon Security given for payment of Six pounds in mony yearely unto the Deacons of the first Church in Boston during the Life of the widdow Pope Relict of Ephraim Pope, the Fifty pounds formerly ordered her bee Released.

    Hobart his Licence

    Liberty is granted to Captn Ioshua Hobart of Hingham to retaile strong waters out of dores not Less then a quart at a time.

    Burr Senta

    Nathanael Baker of Hingham complaining against Simon Burr junior of Hingham for assailing and wounding the sd Baker on the Road as hee was Rideing from Hingham to Scituate; sd Burr being called desired to bee tryed by a Iury which was granted him: The complaint and Evidences produced being read & committed to the Iury: The Iury brought in theire Verdict: they found him guilty of the complaint exhibited agt him. The Court on consideration of the case Sentenced him to bee Severely whip’t with thirty Stripes, to pay unto Nath: Baker ten pounds in mony damage and to give bond with [479] Sureties for his good behavior till the next Court of this County of twenty pounds himselfe and £.10. apeice two Sureties and to pay fees of Court and prison standing committd &a Afterwards upon his petition The Court remittd his corporall punishmt upon his paymt of ten pounds mony fine.

    Freeman Sworn

    Iohn Chubbuck of Hingham tooke the oath of freedom.

    Danson Find 40s

    George Danson convict of Vilifying Constable Willys in the Execution of his office Sentenced to pay Forty Shillings in mony fine to the County or to bee imprisoned until the next Court & to pay fees of Court.

    Cowley Senta

    Richard Cowley convict of beating his wife threatning of her & other misdemeanors Sentenced to bee severely whip’t with twenty Stripes, or to pay five pounds in mony fine to the County & charges of prosecution with fees of Court standing committd &a

    Youring Find 10s

    Dorcas Youring convict by her own confession in Court of Ironing Cloths upon a publique Fast. 5th July Last past. Sentenced to pay ten Shillings in mony fine to the County and fees of Court standing committd &a

    Stretton Find 10s

    Eliphal Stretton convict in Court of doing Servile worke on the Sabbath day by working with her needle Sentenced to pay ten Shillings in mony fine to the County and fees of Court.

    Shippen Find 10s

    Edward Shippen presented for opening his Shop windows upon the publique day of Fast. 5th Iuly. ownd that his Shop was opened by his Servant. Sentenced to pay ten Shillings in mony fine to the County & fees of Court.

    Hutchins Find £.5.

    Mary Hutchins convict in Court of entertaining inmates or Lodgers contrary to the minde of the Select men &c. Sentenced to bee whip’t with ten Stripes and to pay fees of Court standing committd &a upon her Submission The Court remittd her whipping upon paymt of five pounds mony fine.

    Evered admonish’t

    Edward Evered convict by his own confession in Court of killing a Sheep late on a Saturday night but excused it with his being a stranger and unacquaintd with the customs of the Country and promising to reform was admonish’t and ordered to pay fees.

    Stretton & Somes Find 20s

    Eliphal. Stretton & Iohn Somes convict of absenting themselves from the publique worship on the Lords days having formerly been alike convict. Sentencd to pay ten Shillings apeice in mony fine to the County & fees of Court.   [480]

    Shippen etc. Admonish’t

    Edward Shippen mr Phillips George Danson & William Mumford presentd for absenting themselves from the publique worship on the Lords dayes being first time of conviction were admonished & ordered to pay fees of Court.

    Cleeves his Estate ordered

    For a Setlement of the Estate of William Cleeves Late of Roxbury deced. It’s ordered that Sarah his Relict have and enjoy the whole Estate left by her sd husband, Shee paying thereout unto the four Children Left by sd Cleeves as follows To the Son ten pounds and to the daughters five pounds apeice when they attain theire respective ages or marriage which shall first happen; Shee bringing them up till they come of age to bee put forth: And the house and Land to stand ingaged for the Childrens portions.

    Curtice his Liberty

    Liberty is granted unto Iohn Curtice untill the next Court of this County for the bringing in an Inventory of the Estate of his Brother Ephraim Curtice deced.

    Walker his Estate Setled

    For a Setlement of the Estate Left by Obadiah Walker deced. hee Leaving onely one Child being a Son, the Inventory of his Estate (debts being paid) amounting to about Nine hundred & Fifty pounds cleere Estate: Jt’s ordered that the house and Land in Boston Valued. at: £.260: bee reserved for the Child of sd Walker; and also that hee have two hundred pounds more in mony paid unto him together with the sd house and Land when hee comes of age; the widdow to have the improvement thereof for the bringing up the Child till hee come of age to choose a guardian: The Remainder of the Estate is ordered unto Sarah Relict of sd Obadiah and her heires for ever, in Leiu of her dowry; and if any more Estate hereafter appeare the Child is to have an equall part thereof with the mother.

    Holleday Senta

    Iohn Holleday being imprisoned till this Court to answer for his stealing a horse bridle and saddle from Lt Iohn Osgood: The Court having heard what was alleaged & proved agt him for his notorious Lying & deceitfull practices Sentenced him to bee severely whip’t with thirty Stripes and to pay charges of prosecutn & fees of Court and prison standing committed &c. and order that in case hee cannot make payment Lt Osgood make Sale of him in any of his Majties Dominions.

    Combs theire Guardians

    mr Daniel Turil Senior & mr Iohn Conney Senior are appointed to bee guardians unto Iohn Combs & Mary Combs Children of Iohn Combs sometime of Boston deced. they accepting thereof & giving bond according to Law.   [481]

    Warren his Guardian

    Elisabeth Warren widdow is appointed to bee Guardian unto Nathanael Warren Son of her late husband John Warren deced. by his former wife.

    Freeman Sworn

    John Weld Junior of Roxbury tooke the oath of Freedom of this Colony.

    Davis and his wife Find £.5.

    Thomas Davis of Meadfeild and Elisabeth his wife convict in Court by theire own confession of committing Fornication having carnall fellowship together before marriage, Shee having miscarried of an illegitimate Child; Sentenced to bee whip’t the sd Thomas with fifteen: and Elisabeth with ten stripes or to pay five pounds mony fine to the County & fees of Court standing committd &a

    The Court adjourned untill Thursday. 22o Novr at nine forenoon.

    Novr 22o [email protected]

    The Court met according to Adjournment.

    [Hammond appointed]

    Captn Laurence Hammond is appointed to bee of the Committee in the buisness between Major Tho: Clarke and the Guardians of Iohn Hands Execr &c. in the room of mr Tho. Deane.

    Order to Knight

    Ordered that mr Richard Knight Admr to the Estate of Iohn Paine deced. reveiw the Accion commenced by mrs Elisa Newman (one of the Execrs of the Last will of Govr Winthrop) agt. that Estate, at Jpswich Court.

    Everenden Find £.5.

    Ruth Everenden formerly Ruth Lock convict by her own confession in Court of committing Fornication with Walter Everenden who is since her husband; Sentencd to bee whip’t with fifteen stripes or to pay five pounds in mony fine to the County & fees of Court.

    Smith ordered to bee sent out of the Country

    John Smith a Vagrant idle person who hath formerly been whip’t out of Town for a Vagabond; but is since returned and imposeth himselfe upon the Town of Boston without approbation of the Select men and contrary to former order of this Court and is very Suspitious both in words and carriages of being an evill minded person, having lyen a considerable time upon charge, and refuseing to worke for the discharge thereof or his own maintenance: The Court orders that the sd John Smith bee disposed of by Sale out of the Country for Satisfaction of his charges by advice of the Honord Governor

    Order to Fra: Hudson abt Howlets Estate

    Francis Hudson informing this Court that there were some debts yet unpaid due from the Estate of John Howlet [482] deced. to some persons beyond Seas and that there was Seventy three pounds mony, part of the sd Estate in his hands Lying to respond the same, and hee moving to bee freed from his Obligation for his daughter Howlets due administracion The Court orders the sd Hudson to deposite the mony in the hands of mr Edward Tyng Treasuror for the County for securing the payment of sd debts; which being done the Clerke is ordered to deliver him up his bond: This mony was paid into the Treasuror 27o Xbr 77. in my presence & the bond is given up.

    At a meeting of the Governor & Magistrates of the County Court of Suffolke. xbr 27o 1677

    Present

    • Jno Leverett Esqr Govr
    • Edwd Tyng Esqr
    • Joseph Dudley Esqr

    Whittinghams Guardians

    William Hubbard of Jpswich gent. the onely Executor of this Colony of the Last will of Wm Whittingham sometime of Boston gent, deced. is appointed to bee Guardian unto Mary Whittingham, Elisabeth, Richard, Martha and William Whittingham the five Children of the sd defunct.

    as attests. Jsa Addington Cler.

    Wilcocks to Partman

    Owen Wilcocks personally appearing before John Leverett Esqr Governor and Edwd Tyng Esqr Assist. Ianuro 24o 1677. confessed Iudgement agt his Estate and person unto Elias Partman for three pounds three Shillings six pence to bee paid in mony.

    attests. Jsa Addington Cler.   [483]