At a County Court held at Boston. January. 29o [email protected]

    Present

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

    Grandjury Sworn

    • Captn Geo: Barbur
    • Gyles Pason
    • Henry Wight
    • Arthur Mason
    • John Weld
    • Robt Parmiter
    • Henry Phillips
    • Tho: Davenport
    • Tho: Dun
    • Theoph: Frarey
    • Isaac Jones
    • Jno Tower Senr
    • Jona Balston Senr
    • George Sumner
    • Jno Ripley Senior
    • Tho: Moore
    • Edwd Richards

    Jury of Tryals Sworn

    • Captn Jno Jacob
    • Jno Davis
    • Geo: Lyon
    • Nathanll Byfeild
    • Tho: Bishop
    • Tho: Aldridge
    • Henry Mountfort
    • Joseph Weekes
    • Jno Bass
    • Natha Peirce
    • Jno Pearson
    • Samll White

    [Cookes v. Wincoll]

    Elisabeth Cooke Executrix and Elisha Cooke Executor of the Last will and Testamt of the late Richd Cooke deced. or either of them plaints agt Captn John Wincoll Defdt in an action of the case for witholding the Summe of Sixteen hundred pounds in currant mony of New-England due by bond under his hand and Seale bearing date. 26o July. 1671. with other due damages &a. . . . The Jury . . . found for the plaints the Forfiture of the bond & costs of Court. Vpon request of the Defdt & hearing of both partys The Court chancered this forfiture to Nine hundred Seventy two pounds Eleven Shillings mony and costs of Court granted thirty Eight Shillings.

    Execution issued. 18o Febry 1677/[email protected]

    [Harris v. Lamb]

    Richd Harris plaint. agt Abiel Lamb Defdt in an action of debt of Sixty pound in mony due by bond bearing date. March. 7th 1676. under the hand & Seale of sd Lamb with all other due damages etc. . . . The Jury . . . found for the plaint. forfiture of the bond Sixty pounds in mony & costs of Court.

    [Barton v. Woodbridge]

    Jsaac Barton plaint. agt Thomas Woodbridge Defdt This action issued by the defendts confession of a Judgemt

    [Alford v. Way and Endicott]

    Benjn Alford Attourny of John Sweeting of London Admr to the Estate of his Son John Sweeting deced. plaint. agt Lt Richd Way and John Endicott Defdt The plaint. withdrew.

    [Oughtred v. Whetcomb]

    Charles Oughtred Attourny of Samll Sheafe of London plaint. agt James Whetcomb Defdt The plaint. nonsuted in failure of process, produceing a bond wherein three persons were bound, and but one Specified in the process.

    [Hutchinson v. Smith]

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

    Green agt. Raynsford

    William Green plaint. agt John Raynsford David Raynsford and Solomon Raynsford Defts in an action of Reveiw of a case or Action tryed at a County Court [484] held at Boston on the. 30th day of October Last, upon which tryall Judgement was given agt him and for the sd Raynsfords the Land in controversy then and costs of Court allowed twenty Seven Shillings and eight pence and for all other due damages &c. . . . The Jury . . . found for the Defendts costs of Court: The plaint. appealed from this Judgemt unto the next Court of Assistants & gave bond with Sureties for the prosecution thereof to Effect.

    [Upheld by the Court of Assistants. Records, i. 109.]

    Walker agt Hickson

    Samuel Walker plt agt Walter Hickson Defendt The plaint. was nonsutd in failure of giving Summons

    Stoddard agt. Cushin

    Anthony Stoddard and Christopher Clarke Attournys unto Sampson Stoddard plaint. agt Jeremiah Cushin Defendt in an action of the case for not paying the Summe of Fifty pound in mony due for wages unto him the said Sampson Stoddard for Service as a Mate in the Ship William whereof sd Cushin was Master being about Eighteen months time and was in part of the yeare. 1672. and part of the yeare. 1673. with all other due damages &c. . . . The Jury . . . found for the Defendt costs of Court.

    Gill agt Belcher

    John Gill of Boston plaint. agt Katharin Belcher Administratrix to the Estate of Gregory Belcher late of Brantery Deft in an action of the case for that the sd Gregory Belcher hath not performed his promiss made upon the marriage of his Son with the plaints daughter in paying two hundred pounds as by a bond under hand and Seale. datd Xbr 23o 1662. may more fully appeare and for the uses therein expressed, these with all other due damages &c. . . . The Jury . . . found for the Defendt costs of Court.

    Joles agt Phips

    Thomas Joles plaint. agt William Phips Defendt mr John Walley and mr Richd Middlecott appearing as Attournys to Joles, but the Court Judgeing theire power not reaching to actions of this nature were non Suted.

    Phips agt Walley

    William Phips plaint. agt John Walley Deft The plaint. was nonsutd in failure of process; Suing for breach of promiss and not assigning in what nor when. [485]

    Phips agt. Joles

    William Phips plaint. agt Thomas Joles Defendt in an action of the case for not paying the Summe of three hundred and twenty eight pounds due for the building of a Ship of One hundred and Seventeen tun built by the sd Phips and delivered by him to the sd Joles and by him sd Joles occupied improved and disposed of whereby the plaintife is greatly damnified with all other due damages &c. . . . The Jury . . . found for the Defendt costs of Court.

    Moon agt. Rawson etc.

    Robert Moone once of Boston but now of Roade Jsland or his Lawfull Attourny or Attournies plaint. agt William Rawson and John Pell or either of them Defts in an action of the case for refusing to deliver unto Ebenezer Moone Attourny to his Father Robert Moone possession of a house and Land Lying at the South end of Boston neere unto Captn John Hulls house which house and Land is now in the hands & occupation of the aforesd Rawson & Pell but properly the Estate of the plaint. theire thus refusall being greatly to the plaints damage with all other due damages etc. . . . The Jury . . . found for the Defendt costs of Court.

    Yeales agt Bronsdon

    Timothy Yeales plaint. agt Robert Bronsdon Deft in an action of the case for refuseing to give unto the sd Yeales either a deed of Sale for or possession of a parcel of Land Lying in the North end of Boston neere Merrys point which sd parcell of Land the sd Yeales bought of the sd Bronsdon and hath paid him for and yet through the sd Bronsdons Neglect cannot make improvement of which is greatly to the plaints damage with all other due damages &c. . . . The Jury . . . found for the Defendt costs of Court.

    Eastwick agt. Lee

    Pheasant Eastwick plaint. agt John Lee Defendt in an action of debt of Forty Eight Shillings in mony as shall appeare by a note or otherwise upon the tryal of the case with all just damages &c. . . . The Jury . . . found for the plaint. Forty eight Shillings in mony & costs of Court allowd twenty six Shillings 8d

    Execution issued 2d febr 1677.   [486]

    Davie agt. Hall

    Humphry Davie plaint. agt Ralph Hall of Exiter Defdt in an action of debt of Seven pound Eighteen Shillings in mony and five thousand foot of Merchantable pine inch boards to bee delivered in Boston for goods bought of him sd Davie as by bill under the hand of sd Hall. datd 5o Novr 1674. shall appeare with all other due damages &c. . . . The Jury . . . found for the plaint. Seven pound eighteen Shillings mony and five thousand foote Merchantable pine inch boards to bee delivered in Boston in twenty four houres or in defect twelve pound ten Shillings in mony in all twenty pounds eight Shillings in mony and costs of Court allowd thirty five Shillings eight pence.

    Execution issued Febr 19o 1677.

    Lidgett agt Smith

    Elisabeth Lidgett Executrix of the Last will & Testamt of the late mr Peter Lidgett or her Attourny plaint. agt John Smith Mercht Defendt in an action of debt of ten pounds Seven Shillings and a penny due by booke as per adjustmt of Accot with the sd Peter Lidgett on the. 31o day of March. 1676. as per Evidence thereto may appeare with all due damages &c. . . . The Jury . . . found for the plaint. Ten pounds Seven Shillings & one penny in mony and costs of Court grantd twenty three Shillings eight pence. The Defendt appealed from this Judgemt unto the next Court of Assistants who gave bond with Sureties for the prosecutn thereof to Effect.

    [S. F. 1692.3

    Iohn Smith his reasons of appeale from ye Judgement of a County Court held at Boston Ianuary 29. 1677. in an action commenced agst him by mrs Eliz: Leigett Executrix to mr Peter Leigett deceased

    1st Because the then plaintiffe sues for Ten pounds seven Shillings and a penny, due by booke as per adjustment of acct The 31th of of March 1676 [&c] and produced not ye booke of accts Vpon which any such adjustment was made, nor any perticular Acct extracted thence, to leave wth ye Jury as matter of Evidence, Although The Appealt often demanded that the Bookes of ye deceased wherein The Appealts acct was placed might be brought into Court. That soe the Appealt might have Assign’d or Evinced the Error, vpon ye supposed Adjustment, Or, That mr Charles Leigett, or Mr Deering might have Verifyed theyre Evidence, & demonstrated that theire Evidence contained the whole Truth relating to ye Case — And as it is Vsuall in all Courtes where Actions Vpon accts or Adjustmts of accts by booke; are entertain’d: soe is it Absolutelie necessary, where Bookes are not burnt or lost, that the bookes be prodused — That soe they may be examined: Mistakes Vpon acct (though a ballance be ignorantly Jnconsiderately or Vpon a Supposition owned, being noe payment (Errors in accts being allways excepted). And when they are found though after a ballance or Adjustment: are allwayes allowed Either by the ingenuitie of ye partye or ye sentence of the Judge. Now. Had mr Leigetts’ Leiger & Cash Book, been produced The appealt concieves hee could have readilie demonstrated a materiall mistake, as well in mr Charles Leigetts & mr Deerings oathes Vizt that the 10l now in controversie was not more Then ye Appealt. had Creditt for in those bookes, The Appealt presumeing that his Creditt standes faire in ye sd bookes (if not Vnjustlie altered) for that Ten poundes. Vizt for 130lb whereas mr Charles Leigett in an old acct brought into Court gave Creditt for noe more then 120lb — This that is allreadye Alledged Jt is humbly supposed may be sufficient to show the Error in the Judgement appealed from; Neither ye booke of accts nor any Exemplification from ye Same; Vpon wch the adjustment was made being brought into the Court, Allthough The action had a most necessary reference There Vnto And dependance Thervpon

    But for ye cleare Vnderstanding of This honourd Court & Jurie — The appealt holds it needfull to declare the matter Vpon wch the action arose, as to ye former Court he did brieflie declare. Vizt. The Appealt in ye moneth of 8ber 1674. bought of mr Peter Leigett Goods, Provisions & Pipe staves, To ye Value of 533ll 3sh 1d — for wch he was to pay in. 6. monthes if Convenientlie hee could Mr Leigett promiseing that hee would not presse the Appealt if payment were made in Twelve monthes As the appealt if it were needfull can depose, That ye depont payd ye greatest part of ye sd money wth in six monthes, & That the wholl (exept one hundred & twentie poundes was paid in Eight monthes Ten dayes & in three monthes more or lesse the whole payment was Compleated As the Appealt Concievd to mr Leigetts satisfaction by a bill for one hundred & Twentie pounds payable by mr Violl; But soe it was That mr Leigett showing Lenitie to mr Violl recieved not the whole summe soe soon as was expected; And Allsoe found vpon counting 130ll mr John Coney paid mr Leigett Ten poundes to be wanting for wch mr Charles Leigett gives his reciept to ye said Coney wch occasioned some agitation between mr Peter Leigett & The appealt about an Adjustment & mr Charles Leigett Affirming that hee had recieved noe more then one hundred & Twentye poundes from Coney, And the appealt not haveing accounted wth sd Coney nor taken vp mr Charles Leigetts reciept, might, vpon the supposition of The truth of mr Charles Leigetts word, acknowledge the ballance from mr Violl & himselfe to be. 60ll 7sh 1d — But if hee did it was Vpon that supposition and noe other groundes, And this will manifestlie appeare if the Court & Jurye please to Compare, The oath given Jnto Court by mr Leigett with his reciept. The Articles of ye 29. Aprill 1675 Gives creditt to ye appealt for noe more then 120ll The reciept dated ye same day for money from ye same person speakes 130£ And this reciept is owned by mr Charles Leigett, or Else might have been proved by mr Coney Otherwise soe that the errour pretended to be adjusted is Evident.

    And whereas it was Alleadged that Vpon ye Consideracion of ye Ten poundes that miscarried between Mr Coney & mr Leigett The appealt was willing to Allow interest to raise the ballance to ye summe sworne to. The Appealt. Answers That it had been necessary for ye Verifieing that Allegation That ye bookes had been produced, That soe ye state of accounts and Summe charged for interest (if any had been) might have Appeared.

    But the Appealt certainlie Knows that mr Peter Leigett was a man of more Ingenuitie and worth then to demand, much lesse to Charge Vnreasonable interest, where hee had soe good payment, or if hee had The appealt was better informed in a way of Trade, then to promise and Consent to any Interest, or if it had been practicable to pay interest in such cases, The Appealant should not have consented to ye summe demanded; The vtmost exaction if any had been due being but about four po[unds] Thirteen shillings. [The rest is a recapitulation.]

    S. F. 1692.4

    Richard Way Attorney to Eliza Lidgett his answers to Iohn Smith his Reasons of Appeale

    Whereas Ino Smith in his Reasons speakes of the sum of money sued for by book in the last County Court and saith that the book of accounts on which the adjustment was made was not produced —

    To put the most Charitable Construction thereon it may rather be imputed to the infirmity of his memory occasioned by his age then from any prmeditated designe so boldly to give undr his hand what the Honrd Court and all that were then prsent will Contradict him in; for the book was in open Court shewed to the Jury & withall he adds that the book was refused though he himself did often demand it; now it is judged the Case was to be heard by the Bench and Iury the Bench to require or demand what they see necessary in the Case, had there been any difficulty so that I knew not I knew not Mr Smith Looked on himself to have equall Comanding or demaunding power with the Judges of the Court in wch he putts the stress of his Reasons which is very unreasonable he also saith had the book been there he might have assigned or evinced the errour by Assigning it is supposed according to the meaning of the word he would have appointed in his behalf or substituted another to pay his debt, being a grievous thing to do himself wch is ye only Error he so much stumbles at his Creditor seeking her right of him,

    As for what he saith about the evidence of Mr Henry Deering & Charles Lidgett it needs no demonstration before there is an accusation

    For the other part of his lifeless reason which seems to have an head but no body therefore lifeless for he begins with a first but hath no second or rather like a monster with 2 heads hath two firsts One after another so that the vast bulk or length of them together with thier forme rendrs them more frightfull to a Iury then evinceing the matter

    Further sd Smith saith that He bought of Mr Peter Lidgett a parcell of goods to pay him in 6 monthes which were accordingly entred in ditto Lidgett’s books but not added if Conveniently he could & to say that greatest part of the money was paid in 6 monthes and the whole in 8 monthes & 10 dayes shews that Mr Smith knew not how the account stood by an other, nor keeps any books of his owne, and because the money was not pd acording to Contract he adds that he knew better what belongs to trade then to pay forbearance it is an ill signe of not much knowledg in that kind when a man knowes not his owne trade or stock how should then he prtend to a generall knowledg of trade for a man to engage paymt of money when his stock will not bear wth a Complyance acording to time argues not much undrstanding neither is it the Custome of merchants

    Further the Appeallant speaks of an acco given into Court but saith not whose accot neither owned nor proved nor undrwritten by any so not pertinent to this Case he speaks of rects & mistakes over & over againe but the matter is not to be as he would have it

    £10:7s:1d: is sued for due by book from or by such an adjustment haveing no reference to formr transactions of any kind the book is produced and 2 evidences positively sworne to the truth of it plainely makeing it a true debt upon wch the formr Jury acording to thier oath both by law & evidence grounded thier legall judgment And it is hoped that this Honrd Court and the prsent Iury will see just cause to Confirme the same

    per mee Richard Way

    Athorney as afforsaid

    Depositions, bills of costs, etc., are on file in S. F. 1692. 3–10. The Court of Assistants (Records, i. 113) reversed the former judgment and found for Smith with 35s 8d costs.]

    Hayward agt Holbrooke

    Samuel Hayward plaint. agt John Holbrooke Junr Defdt in an action of the case for the non payment of ten pounds in New-England mony due to the sd Hayward as appeares by an Obligatory bill bearing date. 3d April: 1675. with interest & all other due damages etc. . . . The Jury . . . found for the plaint. ten pounds mony according to bill & costs of Court.

    Edwards agt. Nash

    Thomas Edwards or his certain Attourny plaint. agt James Nash Defendt in an action of the case for breach of Covenant datd in Octobr 1673. in which Covenant the sd Nash was obliged to Erect and build for the sd Edwards a wharfe according to the dimentions in the sd Covenant expressed and fill it & make Slip unto it which hee hath not done whereby the plaint. is greatly damnified with all other due damages &c. . . . [487] The Jury . . . found for the plaint. three pounds ten Shillings in mony and costs of Court, grantd twenty six Shillings.

    Legg agt Meeres

    Samuel Legg plaint. agt. James Meeres Defendt in an action of the case for that hee the sd Meers refuseth to pay unto the sd Legg the Summe of twelve pounds in mony or thereabouts due for disburstments upon John Meers in the time of his Sickness in London and for his funerall charges there to which John Meeres the sd James Meeres was by the County Court of Suffolke approved to bee Guardian and as so entred upon possessed & improved the Estate which belonged to the sd John Meeres &c. with due damages. . . . The Jury . . . found for the plaint. Eleven pounds Seventeen Shillings Seven pence mony & costs of Court grantd two & twenty Shillings & ten pence.

    Legg agt Flood

    Samuel Legg plaint. agt James Flood Defendt in an action of defamation for abuseing of the sd Legg by uttering against him severall base and scurrilous words, whereby severall men that hee was about Shipping of were discouraged from his Service and hee thereby disappointed which was to the defaming of him in his name & credit and hindring him from proceeding in his buisness whereby hee is greatly damnified with all other due damages &c. . . . The Jury . . . found for the plaint. that the Defendt at the next County Court of Suffolke after his arrivall in New-England shall make an acknowledgemt to the Satisfaction of the Court or pay twenty pounds mony, & costs of Court. — allowd twenty Eight Shillings ten pence.

    Execution issued for costs. 24o July 1679. the Defendt having made an acknowledgemt

    [See above, pp. 858–60, and Legg v. Flood, below, p. 1054.]

    Rose agt Allen

    Roger Rose plaint. agt Deacon Henry Allen Defendt in an action of the case for illegally possessing himselfe of a parcell of Land Lying at the South end of the Town of Boston neere John Harrisons the Rope maker improving of it & refuseing to deliver possession of the sd Land unto the plaint. whose Land it is as may and will appeare by his deed, whereby hee is damnified & his title defamed with other due damages &c. . . . The Jury . . . found for the Defendt costs of Court Fifteen Shillings.

    Execution issued. 20th Januaro 1678.

    Dowden agt. Hayman

    Leonard Dowden plaint. agt Samuel Hayman Defendt The plaint. withdrew his action.   [488]

    Hayman agt Dowden

    Samuel Hayman plaint. agt Leonard Dowden Defendt The plaint. withdrew his action.

    Dowden agt Dell

    Leonard Dowden Attourny of Henry Sandiford plaint. agt Joseph Dell Defendt The plaint. withdrew his action.

    Jones agt Wilcocks

    John Jones plaint. agt Owen Wilcocks Defendt The plaint. was nonsutd upon non appearance

    Hoare agt Allen

    John Hoare assigne of John Harbour plaint. agt Joseph Allen Defendt The plaint. was nonsutd upon non appearance.

    Cutler agt. Cutler

    Thomas Cutler plaint. agt Samuel Cutler Defendt for an account of his Fathers Lands how they are disposed that were betrusted with the sd Samuel with all just and due damages &c. The Attachmt and a Record of grants out of the Town Booke of Hingham being all the papers produced in the case; which were read committd to the Jury and are Lying on file with the Records of this Court: The Jury brought in theire verdict, they found for the Defdt costs of Court.

    Dafforn agt Lattimore

    John Dafforn plaint. agt Christopher Lattimore Defdt The plaint. withdrew his Action.

    Porter agt Watts

    Rhoda Porter plaint. agt Thomas Watts Defendt in an action of the case for that the sd Watts hath not secured or indempnified the sd Porter for what damage may accrue unto her by ingageing to pay for the sd Watts unto mr Edwd Shippen & William Harrison the Summe of three pounds six Shillings in mony with other due damages &c. . . . The Jury . . . found for the Defendt costs of Court.

    Gillam agt Proutt

    Benjamin Gillam plaint. agt Timothy Proutt Senr Defdt The plaint. withdrew his action.

    Leverett agt Wensley

    Hudson Leverett Admr to the Estate of Bezaliel Payton deced plaint. agt John Wensley & Elisabeth his wife Defdt The plaint. was nonsutd in failure of process.

    Leverett agt. Dowden

    Hudson Leverett Admr to the Estate of Bezaliel Payton deced plaint. agt Leonard Dowden Defdt in an action of the case for unjustly and illegally possessing himselfe of a house and Land in Boston which was the proper Estate of the aforesd Bezaliel Payton and by violence forceing the aforesd Hudson Leverett out thereof, who was by the Honord County Court appointd Admr thereunto whereby the plaint. is greatly damnified with other due damages. [489]. . . . The Jury . . . found for the Defendt costs of Court.

    [Cf. Dowden Fined, below, p. 890.]

    Oxe agt Hinderson

    Robert Oxe plaint. agt William Hinderson Defendt in an action of debt of twenty Eight pound sixteen Shillings in mony due by booke as shall appeare by Accot with all other due damages &c. . . . The Jury . . . found for the plaint. Eighteen pounds mony and costs of Court twenty three Shillings two pence.

    Vsher to Vsher

    Hezekiah Vsher plaint. agt John Vsher Defendt in an action of the case to the Value of three thousand pounds currant mony of New-England due by Obligation under the aforesd John Vshers hand & Seale to the aforesd Hez: Vsher datd 19o Augo 1676. wch was given by the aforesd John Vsher for the true performance of Covenants and agreements &c. on his part which is not performd &c. . . . The Jury . . . found for the Defdt costs of Court.

    Leverett agt. Wincoll etc.

    John Leverett Merchant plaint. agt John Wincoll and Thomas Broughton or either of them Defendt in an action of the case for witholding the Summe of three hundred pounds currant mony of New-England due by bond under theire hands & Seales jointly and severally datd Septr 17o 1669. with due damages &c. . . . The Jury . . . found for the plaint. Forfiture of the bond three hundred pounds mony and costs of Court. Vpon Request of the Defendt & hearing of both partys the Court chancered this Forfiture to Eighty Six pounds Fifteen Shillings eight pence in mony and costs of Court thirty Shillings.

    [S. F. 1676

    John Leverett Esqr is Debtor

    1670   l s d

    August 6.

    To Mrch. boards sent by Gill: 11400: at 35s per. m . . .

    19:19:00

    Septr 5.

    To mrch. boards sent by Philbrick: 4240. at 35s per mille is as accted by the Governor

    02:03:00

    Septr 28o

    To mrch. boards sent by Howard 14000. at. 35s per m   . .

    24:10:00

    1671 July

    To mrch. boards sent by Jno Poore at twice 26500. Foots at: 26s 3d per mill is

    34:15:07½

    1672 July. 14

    To Mrch. boards sent by Jno Poore. 15000 foots at: 26s 3d per mille

    19:13:09

    July 22o

    To Mrch. boards sent by Jno Poore 13500 foots at: 26s 3d per mille

    17:14:04½

       

    £118:15:09

     

    li s d

    John Leverett Esqr per Contra is Creditor By Bond

    143:12:00

     

    118:15:9

    Rest to balance

    24li:16:3

    February. 1st 1677

    Thomas Broughton

    The Summes above are the payments made on the bond per Contra, and are Reasons for chancering the bond, which the Governor Sues John Wincoll for.

    Till the begining of the yeare. 1672. a ballance of this Accot is made up in the Governors Booke with my hand to it and thereupon the receipts which should bee my defence were taken up by him; Jf it please the Honord Governor that by himselfe alone wee may thereby cast up what principle and interest is due to him on this bond, from thence himselfe may bee Judge of the Chancery in this case, and it stand in force as if the Court had done it; which with humble thankfulness shalbee acknowledged,

    By yor Servant

    Thomas Broughton

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

    Hunting Find 10s

    John Hunting of Dedham was fined ten Shillings in mony to the County for not attending the Service of the Jury of tryalls at this Court according to Summons; But upon his after appearance and request The Court remittd five Shillings thereof; hee paying the other five down presently.

    Wolfe to Farley

    Henry Wolfe personally appearing confessed judgemt against his Estate and person for Six pound one Shilling sixpence to bee paid in mony to Michael Farly of Jpswich or his Lawfull Attourny.

    Execution issued: Febr 6o 1677 [490]

    Woodbridge to Barton

    Thomas Woodbridge personally appearing in Court confessed Judgement against his Estate and person for one hundred and Forty pounds Lawfull mony of New-England being the Forfiture of an Obligation datd 14o June. 1677. paiable to Jsaac Barton or his Lawfull Attourny craving a chancery of the sd Forfiture: Upon hearing of both partys: The Court chancered this Forfiture to one hundred and Six pounds Eighteen Shillings Lawfull mony of New-England.

    Executn issued. 20th Febry 1677/8.

    Freemen Sworn

    Nathanael Gay, Thomas Alderidge, Nathanll Kingsbury John Weare, William Avery & Jonathan Avery all of Dedham tooke the Oath of Freedom of this Colony.

    Nico Negro Sentencd

    Nicholas Negro complained of for presenting a gun at his Master John Roy of Charlestown Loaden with two Jron Sluggs and wounding him with a knife: upon hearing of the case The Court Sentenced sd Nicholas to bee severely whip’t with twenty nine Stripes and to pay fees of Court standing committd upon his Masters Accot untill hee dispose of him out of the Country.

    Johnson Sentencd

    William Johnson Servant of Thomas Tuck of Charlestown complained of and prosecuted by his sd Master for his running away and absenting of himselfe from his Service; as also for abuseing and striking of the Constable: Upon hearing of the case The Court Ordered him to fulfill his Jndenture to his Master Tuck in three yeares & halfe Service from this time or to pay unto his sd Master twenty pounds in mony charges of prosecution & to pay Forty Shillings in mony fine to the County, twenty Shillings in mony to the Constable for the abuse offered him and Fees of Court standing committd &c.

    Farrington his Guardian

    Eleazer Farrington Son of John Farrington late of Dedham deced made choice of Nathanael Bullard of Dedham to bee his Guardian; whis sd Bullard accepted and the Court approved, hee giving bond according to Law.

    Farringtons Guardian

    Daniel and Hannah Farrington Son & daughter of the abovenamed John Farrington made choice of Thomas Metcalfe of Dedham to bee theire Guardian which sd Metcalfe accepted and the Court approved hee giving bond according to Law.

    Farringtons Guardian

    The Court appointed Mary Farrington Relict of sd John Farrington to bee Guardian to her two youngest Children.   [491]

    Brisco his Estate Setled

    For a present Setlement of the Estate of Ezekiel Brisco late of Boston deced intestate (the debts oweing from the Estate being first and with what convenience may bee paid) Jt is ordered that Rebecca his Relict have the benefit of the improvement of the whole Estate for her own and Childrens maintenance till they come of age.

    Lovell Find 40s

    Phœbe Lovell of Weymouth convict of Fornication by her own confession in Court: Sentenced to bee whip’t with ten Stripes or to pay Forty Shillings mony fine to the County with charges of prosecution Fifteen Shillings mony and fees of Court standing committd &c.

    [Bushnell’s Estate]

    Ordered that notice bee given to James Hill in Saybrooke who married with the widdow of John Bushnell that at the next County Court there wilbee a Setlement made of that Estate, one of the Children being married, and that in the meane time Dr Hawkins who Lives in the house pay no Rent without order of Court.

    Barker Sentencd

    Benjamin Barker prosecuted by mrs Lydia Scottow, wife of Captn Joshua Scottow for forgeing a writing or note & firming it with another mans name convict thereof by his own confession in Court: upon which hee received three pounds in mony from the sd Scottow: Sentenced to stand three times in the pillory in Boston by the space of one hour at each time upon three severall Lecture dayes and to pay fees of Court & prison standing committd &c. and to pay unto mrs Scottow Six pounds in mony and order that hee bee sold for the payment thereof not exceeding 4: yeares.

    Dorchester Clerke of ye Writts

    Deacon James Blake by the choice of the Town & approbation of the Court is appointed to bee Clerke of the Writts for the Town of Dorchester.

    Collins Sentencd

    John Collins Taylor complained of by Susanna Higgins for taking of two yards and a quarter of Searge, three quarters and halfe quarter wide, to make sd Higgins a wastcoat of; which was Judged to bee considerably too much, keeping it about ¾ of the yeare, making it too Little and receiving ten Shillings for making it: Sentenced to pay twenty Shillings in mony to the sd Higgins, taking the wastcoat to his own Acco to bee admonish’t and to pay fees of Court standing committd &c.

    Barnhum Senta

    Elisabeth Barnhum convict by her own confession in Court of committing Fornication and having a bastard Childe chargeing one Roger Bennet to bee the Father thereof: Sentencd to bee whip’t wth fifteen Stripes or to pay Fifty Shillings in mony fine to the County & fees of Court standing committd &c. [492]

    Harrison Senta

    John Harrison presentd by the Grandjury for fighting and quarrelling in Septr Last: Sentenced to pay ten Shillings mony fine to the County charges of prosecution and fees of Court and to give in bond with Sureties of ten pounds for his good behavior untill the next Court of this County standing committd &a and accordingly himselfe principall in five pounds and John Gill and Joseph Holmes Suretis in 50s apeice were bound to the Tr of the County for his good behavior

    Smith Find 5s

    Robert Smith alike presented for quarrelling & fighting at the same time: Sentenced to pay five Shillings in mony fine to the County & fees of Court standing committd &c.

    Cheeny Find 5s

    William Cheeny alike presented for quarrelling & fighting at the same time Sentenced to pay five Shillings in mony fine to the County & fees of Court standing committd &c.

    Atherton Find 5s

    Watching Atherton alike presentd for quarrelling and fighting at the same time: Sentenced to pay five Shillings in mony fine to the County & fees of Court standing committd &c.

    Phips Senta

    William Phips being complained of & prosecuted by John Walley Attourny to Thomas Joles for that the sd Phips did in a deceitfull and felonious way suddenly Seize and violently rend an Award out of the hand of sd Walley and threw it into the fire and burnt it, which award was made by Wm Greenough & John Parmiter wherein sd Phips was awarded to pay unto sd Joles Eighty five pounds in mony: Upon consideration of the Evidences in the case produced, The Court Sentencd sd Phips to pay five pounds mony fine to the County, and to pay unto John Walley & Richd Middlecot Attournys of sd Joles Eighty five pounds mony or to give them bond for the Like value paiable this instant Febr with charges of prosecution and fees of Court standing committd &c. Afterwards upon his humble petition the Court remittd one halfe of the fine.

    Committee about Curtice his Estate

    This Court being informed by John Curtice Administrator to the Estate of his Late Brother Ephraim Curtice deced that by a present Accot & appearance of the sd Estate and debts claimed from the same, it doth prove insolvant: The Court therefore do impower and Commission mr Anthony Stoddard and mr John Joyliffe to bee a Committee to receive all such claims to the sd Estate as shalbee given in to them within the space of Six months next following; all persons concernd being hereby ordered to enter theire claims wth them, and they to make theire return to the Court of this County; & in the interim all process agt sd Estate do cease.   [493]

    Burrs discharge

    Upon due proclamation made Simon Burr junr of Hingham was discharged from his bond for the good behavior

    Committee about Snows Estate

    The Court Orders and impowres mr Anthony Stoddard Capt John Richards and Deacon Henry Allen to bee a Committee for the inquiring into the present State and condition of the Estate left by Thomas Snow sometime of Boston deced & to heare what claim Captn Wright can justly make out to any part thereof, giving opportunity to the Administraters of that Estate and Captn Wright of a debate about the same, making theire return at the adjournment of this Court.

    Amory his Estate ordered

    For a Setlement of the Estate left by Simon Amory sometime of Boston Marrinr deced amounting according to Jnventory unto One hundred Fifty three pounds Eleven Shillings, with addition: Jt’s ordered that Mary his Relict have the improvement of the whole Estate for her own maintenance and Education of her Child untill it attain twenty one yeares of age or marriage, and that then Shee pay out unto the Child the Summe of Seventy Six pounds mony, and to enjoy the whole remainder to her and her heires forever Shee giving Security for the Childs portion: And if more Estate hereafter appeare it is to bee divided after the same proportion.

    Peard his Estate ordered

    For a Setlemt of the Estate left by Robert Peard of Boston Marrinr deced amounting according to Inventory to two hundred Forty four pounds: Jt’s ordered that Margaret his Relict have the improvemt of the whole Estate left by her sd husband for her own maintenance and education of the Child left by sd Peard untill it come of age or marriage, and then the Child to have the house & Land, it being kep’t in tenantable repaire in the interim, and the sd Margaret to enjoy the whole movable Estate to her and her heires forever, together with the third of the house and Land during her naturall Life.

    Horn Senta

    Thomas Horn being charged by Elisabeth Crowder to bee the naturall Father of a bastard Child late born of her body, of which Shee made oath in Court: The Court declare the sd Horn to bee the reputed Father of sd Childe according to Law, and Sentenced him to pay unto the sd Elisabeth two Shillings six pence per weeke in mony from the time of the birth of the [494] sd Child unto this day and to give in bond of twenty pound for payment of so much for the future till the Court take further order and to pay fees of Court standing committd &c.

    Dickenson Senta

    John Dickenson being prosecuted by Peter Eggerton for stealing his horse bridle and saddle: Upon consideration of the Evidences in the case produced The Court Sentenced sd Dickenson to bee whip’t with twenty Stripes or to pay Forty Shillings in mony fine to the County, to pay ten pound mony to Peter Eggerton with charges of prosecution and fees of Court and prison standing committd &c. and Order if hee do not make Satisfaction that sd Eggerton dispose him in Service not exceeding four yeares.

    [Dickenson later escaped from jail. See below, p. 911.]

    Rennalls Senta

    John Rennalls an Jtalian being prosecuted by Simon Barnes for stealing twenty nine Beaver Skins out of his Sloope Valued at twenty pound: Upon consideration of the Evidences in the case produced The Court Sentencd sd Rennalls to pay unto Simon Barnes sixty pounds mony being 3ble damages according to Law, and order that hee Sell him for to make Satisfaction, hee paying his prison charges & Court fees.

    Rose Find 5s

    Roger Rose complained of for quarrelling & fighting with Wm Pitman Sentenced to pay five Shillings mony fine to the County and fees of Court, standing committd &c.

    Pitman Senta

    William Pitman prosecutd by Roger Rose for beating and abuseing him in the house of Thomas Wheeler wounding him with a quart pot fetching much blood upon consideration of the Evidences produced in the case The Court Sentenced sd Pitman to pay ten Shillings mony fine to the County and to pay the Chyrurgion his charge for cure of sd Rose and fees of Court standing committed untill hee performe this Sentence sd Pitman appealed from the Judgemt of this Court unto the next Court of Assistants, and gave bond with Sureties for the prosecution of his Appeale to Effect and good behavior in the meane time.

    Dowden Find

    Leonard Dowden being bound over to this Court and prosecuted by Hudson Leverett for beating of him, Swearing and reproachfull Language agt the Court: upon consideration of the complaint and Evidences produced in the case: The Court Sentencd sd Dowden to pay Forty Shillings in mony fine to the County [495] Forty Shillings in mony to Hudson Leverett and to give in bond of £.20: with Sureties for his good behavior untill the next Court of this County paying fees of Court standing committd untill hee performe this Sentence: sd Dowden appealed from the Judgemt of this Court unto the next Court of Assistants and gave bond with Sureties for the prosecution thereof to Effect and good behaviour in the meane time.

    [Those who have followed through these pages the litigious activities of Hudson Leverett, will read with approval the following document (S. F. 1679.3):

    To the Right Honorable John Leverett Governor and the Rest of the Honord Magistrates now Sitting in Council in Boston

    The humble Petition of Hudson Leverett Humbly Sheweth:

    That whereas yor petitionr was between the houres of three or four a clock upon the fifth day of this instant December 1677: in the dwelling house that formerly was mr Bezaliel Paytons deced. But now yor Petitionrs by Administracion and yor Petitionr having laid up in one of the Chambers of the sd house severall feather beds a considerable quantity of Linnen, pewter, Brass, chests of Drawers and severall other movables which amounts by Inventory to thirty Seven pounds. 14s which were apprized by Deacon Bracket and mr Morse, and in that interim of time when yor petitionr was cleering the Snow out of the sd Room where the sd goods Lay; mr Leonard Dowden came into the sd Room where your Petitionr was and asked him what hee did there, and what hee had to do there: And I Replyed thus, I am cleering the Room of the Snow that the goods may not bee damnifyed, Whereupon the sd Dowden Replyed, yow have nothing to do here also told yor Petitionr hee came hither to steale for ought hee knew, now the woman was gone to meeting; also the sd Dowden gave yor Petitionr very Scurrilous Language calling him base fellow and pittifull Rogue, telling yor Petitionr if hee would not go out of the Chamber hee would breake his neck down ye staires: Whereupon yor Petitionr went out of that Chamber into the porch Chamber and the foresaid Dowden followed me into the Chamber as close as hee could and struck me upon the back with a walnut tree Cudgell: Vpon that yor Petitionr opened the Casement next to the Street and cryed out murther then the sd Dowden called yor Petitionr pitifull Rogue and Cowardly Rascall giving me severall provoking words threatning to breake my neck: Vpon which I Looked out of the casement again and seeing mr Naylor pass by J desired him to come up to me, telling Him I did not know but I might bee murdered and hee came up the staires to mr Dowden and my Selfe, and whils’t hee was with us the foresaid Dowden Swore by his maker hee would breake my neck down the staires if J would not go out of the house, and instantly after came ms Dowden up the Staires to me and asked me what I did there, also telling me I had nothing to do there with that house for it was her fathers and I told her Shee was mistaken and Shee replyed saying to me again by what power are you here and I said I am in possession of my own by power of Administracion granted to me by the Court Whereupon mr Dowden said hee did not care a fart for the Court for the Court had no such power and forthwith commanded his wife to fetch a Lock which Shee did and Mr Dowden nayled the Lock upon yor Petitionrs dore and Locked the dore and put the key into his pocket, and then came into the porch Chamber to yor petitionr and by Violence hailed yor Petitionrs cloake off his back and threw it down the staires & then Swore by his maker thus, i’le breake yor neck down the staires if yow will not goe out of the house you pitifull cowardly Rogue upon which yor Petitionr went down into the yard before the house, and as hee was walking too & fro there mr Dowden gave very threatning words to yor Petitionr chargeing him not to come neere that house upon his peril. So hopeing that yor Honors upon yor prudent consideration of the premises will see cause to give yor Petitionr power to remove the goods out of the sd house where they may bee secured for yor Petitionr which shall Engage me for yor happiness ever to pray and I am yor Honors most humble obedient and faithfull Servant

    Hudson Leverett

    Boston the 6th 10br 1677

    Boston 6: Decembr 1677 @

    In Answer to this Petition the sd Mr Dowden was sent for the complaint therein read, two Evidences taken, on hearing whereof It was ordered that mr Leonard Dowden bee bound in ten pounds to appeare at the next County Court and Answer what shalbee laid agt him by mr Hudson Leverett for his beating him for his Swearing by his maker &c and Reproachfull Language agt the Court and the sd Leonard Dowden acknowledged himselfe bound in Ten pounds to the Treasuror of the County on this condition that hee shall appeare at the said next County Court and answer accordingly

    Also it was ordered that in case mrs Winslow or any other concerned shall refuse to let mr Hudson Leverett remove the goods which is in a Chamber of the house that the late mrs Paddy posses’t to Deacon Brackets to bee Secured, hee having given Security for the same to the Court, then the sd mr Hudson Leverett is hereby impowred to remove the said goods out of the sd Chamber where hee please this done by order. 6. Decembr 1677 @

    per Edwd Rawson Secret.

    Present

    Govr [Leverett] mr Bradstreet & Major Clarke

    Cf. also Leverett v. Dowden, above, p. 882.

    Edward Naylor deposed that he “heard very high words” between Leverett and Dowden and heard the latter swear by his Maker (S. F. 1679.7). John Meader deposed that “the sd Dowden strook the sd Leverett” (S. F. 1679.6).

    S. F. 1679.5

    Leonard Dowden his Reasons of Appeale from, the Sentence of ye County Court Sitting in Boston Iey 29th: 1677

    Because hee is Neither Realy nor Legally guilty of the Crimes hee was Sentanced for & accused of; wch will Apeare Plainly from these Considrations; first for ye rallitie of ye Guilt it is anough to Denie, whare thare is nott legall proofe, And I doe Solemly Deny thatt I Remembar I Euar Struck Mr Leueritt, or Swore per my Maker; or Euar gaue Reuiling langwage A Gainst Authority; wch are the Crimes I am accused of & Sentansed for; and thatt J am nott legally Gilty, I humbley begg this honored Cort & Gentlemen of ye Iury to Consider the Euidence broft a Gainst me to proue these Crimes; first as to my Swearing there is noe wittness butt Edwd Naylor; & as to my Striking of Mr Leueritt thare is no othar butt John Medor; for these Crimes but Single testimonies; & for my Reuiling ye Corte no witness att all; Now Single testimonies are noe Testimonies both by the law of God and the law of this Iurisdiction & the law of Res[on.] First for ye law of God it Saieth: 19 Deuty 15 one wittnesse shall nott Fuse vp A Gainst any man for any Inequity or for any Sinn in any Sinn thatt hee Sineth; att the Mouth of too Witnesses, or at the Mouth of three Witnesses shall the Matter be Established; and in the 18 Mathew and ye: [6:] that in the mouth of 2 or 3 witnesses Euery word may be Established; If Euery word Surly then much more Euery Such Crime must be Soe Established; for the Grater ye Crime a Person is Accused; ye more Substansiall must be the Euidenceces to proue Jt; By ye law of God I haue proued the wittness of one is nott true; by 2 Scripture Witnesses; the law of this Jurisdiction; the law title witness page 158, Saieth no man shall be putt to death withoutt ye Testimony of 2 or 3 Witnesses or thatt wch Js Equiuelent thare vnto; now whatt is the thing Equeuilent to 2 or 3 Wittnesses; I humbly Conceiue it must be Confession or vndeniable Circumstances, now heare Is Neither, heare Is no Confession butt A deniall of ye fact; — And for Circumstance[s wh]are are thay; how doeth it apeare yt I Stroke Mr leueritt more yn by thatt one witness whare was ye Sign of ye bloues; It was a Good Saying of a wise Iudg when a Saruant Complained of his master for want of meate, thatt he was allmost famished and to proue the thing Sent a small quantitie of food wch he Indeuered to proue was his vsuall Allowance, Said ye ludge vpon thaire ofring to Shew ye meat, Shew me nott ye meat, butt Shew me ye man Againe for my Swaring thare Js no Circumstance nothing butt a single witnesse; butt If it be Said ye law wittne[ss] Relates to Capitall Crimes; & Js Silent as to lesser Crim[es] I answer then by vertue of ye First law in or law Booke[s] the law of God Is the law of this Jurisdiction, and the before quoted placees As before

    And for ye law of Reson J would Say Jf one wittnesse bee legaly trew Against A positiue Deniall; whouse life Reputation, Estate and all the Jnioyments hee hath Jn this world Js worth any thing; Jf Jt anough to Accuse who shall be Jnnocent

    I humbley Craue pardon of ye honrable County Cort from whose Sentence I Apell, Jf In any thing when J was Jn my triall or here in thes Resons J haue Ofended them; I neuer Jntended to Cast Refections vpon them Much les Did I Euar Giue them Reproachfull language; as J am accused of; Butt ye Sence of my Reputasion lying So att Stacke, That J might vindicat ye Same and nott Stand vpon Record for A murdouse minded man A Swaror a Reuilor of Authority wch Crimes J hate; J haue asigned ye Errorees of ye Sentence wch Else I had noe Reson to Apeale; Butt Jf any Resons be found Good I hope wth out Ofence to ye formar Corte; my Sentence may bee Reuersed: and my Good Name Cleared,

    Leo: Dowden

    These Reasons Recd Febr 28o 1677

    per Jsa Addington Cler

    Leverett’s Answer (S. F. 1679.4) follows:

    Answers to Leonard Dowden his reasons of Apeale (As hee Calls them) from the Sentance of ye Countje Court Sitting In Boston Ianuary ye 29th 1677 @

    The Crime hee was guilty of was Both Realy & Legaly proued against him, elce hee Charges the Court hee apealed from for proceeding against him Illegaly and Iniustly as Jf hee Should haue Said they past a Iudgement without Euidence, wch is A Greate Reflection vpon the Honord Countje Court

    And for his Reasons themselues (As hee Calls them) they Are soone Answered yt wch hee was Charged with found by the Court apealed from Guilty of & by the Said Court Iustly Sentenced, for Itt was of a Criminal Nature & the Court Vnderstood what they did proceed Vpon & therefore gaue that Sentance & Iudged the Euidences then produced, good; notwithstandeinge ye Defendants Plea In his Reasons as hee Calls them that there Was noe Euidence against him, but Hudson Leueretts Concerneinge his strikeinge of him or Sweareinge which hee Saith his Denyal thereof ouerballances, but Cannot, because Itt is a Crime & Leuerett A Wittness for the Kinge & Country & his Euidence In part backt With other Testimonies Vizt Naylor & Meador; & one Single Testimony In a Criminal Cause Is Sufficient Euidence his Quotinge of the Lawe Title Wittness Page 158 Is against him Wch Saith In Life & Death one Wittness & Circumstances Equiuolent Is good Euidence If in a Cause of soe high a Nature then Certainely In this Case & the Sentance of the Court lust, If Circumstances as the Apealant would haue Itt bee thereby meant, Confession Very fewe persons would bee found Guilty of any Crime

    The Rest of what hee giues In is soe Triuial as Respectinge Leuerett that Its not Worthy Answeringe, But as to the Honord Court Apealed from full of Reflections Which this Honord Court will finde to bee Soe vpon theire Serious Consideration thereof

    Whether it was the strength of Dowden’s appeal to technicalities and the law of God, or tacit approval of the beating he administered to the attorney, we cannot tell; but the Court of Assistants, presided over by Leverett’s father, the Governor, reversed the former judgment and required Hudson to pay 35s costs.]

    Marnel Senta

    Thomas Marnell Servant to John Tay convict by his own confession in Court of twice running away from his Master: Sentenced to stand committed to the house of Correction there to bee entertained & kep’t according to Law, untill this Court, the Governor or some other member thereof take further order, and to Satisfy his Master his charges and expences in pursuing of him by one yeares Service more then his Jndentures and to pay fees of Court.

    Watts Senta

    Rhoda Porter complaining agt Thomas Watts for stealing severall goods from her and out of her house which by virtue of a warrant were found in said Watts his Chest and Seized by the Officer Valued at three pound thirteen Shillings, the sd Watts being removed out of the Colony: The Court order that the goods found bee restored unto the sd Rhoda Porter and that the sd Watts pay her Seven pounds Six Shillings in mony being 3ble damages according to Law and fees of Court.

    Execucion issud Febro 12o 1677/8.

    The Court Adjourned unto Thursday the: 14o of febro instant at Eight in the morning.

    Cannon to Addams

    Robert Cannon junior personally appearing before John Leverett Esqr Govr & Edwd Tyng Esqr Assist. febro 4o 1677. and confessed judgement against his Estate and person unto Abraham Addams for Eleven pounds two Shillings six pence mony according to bill on file; with charges.

    as attests. Jsa Addington Cler.

    Execution issued 15. Xbr 1684.   [496]

    February: 14o 1677/[email protected]

    The Court met by Adjournmt

    Callacott etc. Admonish’t

    mr Richard Collacot and mr James Everell presented by the Grandjury for not taking an Oath according to truth, righteousness and judgement in the case referring to Hugh Drewry: The Court having considered the presentmt the Evidence and what was produced and alleaged in the case, do finde them guilty of Swearing an ambiguous uncertain & unsafe oath, and Sentenced them to bee seriously Admonish’t & to pay fees of Court.

    Reynolds Senta

    Henry Reynolds convict by his own confession in Court of stealing severall quintals of Fish in consortship with James Wiseman junr out of the ware house of John Sweete of which they made five pounds in mony; Eight quintalls whereof is challenged by Richd Sute and Goodman Sweete having lost upwards of two quintals; Sentenced to bee whip’t with fifteen Stripes, and to pay unto Richard Sute six pounds mony, and unto John Sweete thirty shillings in mony being 3ble damages according to Law and fees of Court standing committd &c. Afterwards upon his petition the Court remittd his corporall punishmt hee paying Forty Shillings in mony fine to the County.

    Wiseman Senta

    James Wiseman Iunr convict as above by his own confession in Court; as also of stealing Fifty Seven Shillings from Laurence Waters, Sentenced to bee whip’t with fifteen Stripes and to pay unto Richard Sute Six pounds in mony, unto John Sweete thirty Shillings in mony unto Lau: Waters Eight pounds Eleven Shillings in mony being 3ble damages according to Law, and fees of Court standing committd &a Afterwards upon the petition of his Freinds The Court remittd his corporall punishment, hee paying Forty Shillings mony fine to the County.

    Morse Senta

    Francis Morse prosecuted by Benjn Davis upon suspition of his Stealing out of his Shop a Box with about nine pounds of mony in it, sd Morse owned that hee was unseasonably abroad that night in the Ordinarys but denyed taking of the mony Sentenced for his night [497] walking and disorders to give in bond with Sureties of twenty pounds for his good behavior untill the next Court of this County and appearance then & to pay fees &c. accordingly himselfe in £:10: & Pen Townsend and Wm Gilbert in £.5: apeice were respectiuely bound to the Treasuror of ye County.

    The Court Adjourned to Munday at one aclock the. 18o Febry 1677/8

    The Court met by Adjournmt

    Samll Hix and Henry Withrington of Dorchester tooke the oath of Freedom of this Colony.

    Order relating to Dorchestr meeting house

    Jn Answer to the petition of severall of the Jnhabitants of Dorchester relating to a difference between the Jnhabitants about the place for the Erecting theire meeting house upon: The Court appoints & impowres Capt Daniel Fisher of Dedham, Deacon Jacob Eliott of Boston, mr Thomas Weld of Roxbury and Lt Edmd Quinsey of Brantery to bee a Committee to repaire unto Dorchester (Capt Fisher to appoint the time) to Veiw the place sd to bee agreed on for that end and to heare what may bee said against it; Also to Veiw any other place which may bee propounded by any of the Jnhabitants as commodious for that use, and to Labour what may bee to bring them to a mutuall Agreemt about the place making report of what they do herein to the County Court in April next.

    Butcher &a Senta

    Robert Butcher & Joseph Baker complained of for being abroad at unseasonable houres in the night and drinking at Goodman Pollards after nine aclock, Sentenced, to pay five Shillings apeice in mony fine to the County and fees of Court standing committd &c.

    Wing & Bill Find 40s aps

    John Wing and Tho: Bill being accused for giving entertainmt to other mens Servants and suffering them to spend mony and drinke in theire houses: Vpon consideration of the Evidences produced agt them: The Court Sentenced them to pay Forty Shillings apeice in mony fine to the County according to Law & fees of Court standing committd&c. [498]

    Order abt Gross’s Estate

    Jn Answer to a petition of Clement Gross presentd to the Generall Court relating to the release of his Estate and by them referred to this Court: Jt is ordered that the sd Gross Sell part of his Estate in houseing Lands & movables to the Value of three hundred pounds for the paymt of his debts, and that the rest of his Estate bee Secured to the Treasuror of the County for the use of him & his Children by Ann his late wife, and that hee give an Accot to the next Court of this County of what is done herein.

    Negus his paymt remittd to 4s per annum.

    Jn Answer to the petition of Benjn Negus Senr his yearely paymt for not Trayning is remittd to four Shillings per annum.