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

    Present

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

    Grandjury Sworn

    • Lt Jno Holbrooke
    • Tho: Cheeny
    • Nathall Whiting
    • Tho: Dewer
    • Tho: Tilestone
    • John Turnor
    • Samuel Sendall
    • Wm Pond
    • Jeremiah Beale
    • Wm Needham
    • Robert Tucker
    • Benjn Bate
    • John Conney
    • Josiah Chapen
    • Samll Prince
    • John Stebbins
    • Wm Avery Senr

    Jury of Tryals Sworn

    • mr Joshua Lamb
    • Robert Spur
    • Jno Thurston Senr
    • Samll Jacklen
    • Tho: Holbrooke
    • Tho: Gill Junior
    • Joseph Farnham
    • Cornelius Fisher
    • Cornelus Cantleberry
    • Richd Chick
    • Samuel Mills
    • John Capen junr

    [Waldron v. Henderson]

    Jsaac Waldron plaint. agt William Henderson Defendt in an action of the case for not doing nor causeing to bee done for the sd Waldron or his Jmployers all Carpenters worke upon the Ship now called the Prim Rose to the compleate fitting of the sd Ship to the Sea with all possible Speed according to his Obligation under his hand bearing date the. 7th of January. 1677. whereby the sd Waldron or his Jmployers are damnified since the. 30th of April last the value of thirty five pounds or thereabouts in money as shalbee made appeare this wth all other due damages etc. . . . The Jury . . . found for the Defendt costs of Court.

    [See the cases of same name, p. 901, above, and p. 1038, below.]

    [Mason v. Rishworth]

    Arthur Mason plaint. agt Edward Rishworth Defendt in an action of the case for not paying the Summe of Seventeen pound five Shillings in money due for Fifteen hundred weight of bread as shall appeare by bill under his hand bearing date the. 17th of August. 1676. with all other due damages &c. . . . The Jury . . . found for the plaint. Seventeen pounds five Shillings in money & costs of Court. allowd Nineteen Shillings and Ninepence. Execution issued. 18o 8br 1678.

    [Waldron v. Arnall]

    Jsaac Waldron Assigne of Peter Janson de Vos plaint. agt William Arnall BlackSmith Defendt in an action of debt of Seven pounds in money due by bill bearing date 12th Xbr 1677. under the hand of sd Arnall with all other due damages &c. . . . The Jury . . . found for the plaint. Seven pounds in money & costs of Court allowd twenty Shillings eight pence.

    Johnson agt. Vsher

    Samuel Johnson former Master of the Ship named the two Sisters plaint. agt John Vsher part Owner of the sd Ship Defendt The plaint. was nonsuted in failure of process, commenceing his action agt the Owner.

    Greenleafe agt Wells

    John Greenleafe plaint. agt John Wells Defendt in an action of the case for sufficient Security for the [515] payment of Eleven pounds in money to which hee is bound as the condition of a bond under his hand & Seale bearing date. the. 26th of Septembr 1677. this with all other due damages. . . . The Jury . . . found for the Defendt costs of Court.

    Bleaze agt Edwards

    Caleb Bleaze plaint. agt Matthew Edwards Defendt in an action of the case for that the sd Edwards upon pretence or colour of a Judgemt of Court hath unjustly taken out of the prison in Boston Richard Francis, and Sold him, received the money hee was sold for & detains it when the sd Francis by the Judgemt of the County Court in Boston was not to bee released from prison untill paying of Fourteen pounds in money unto the now plaint. as by the sd Judgemt shall appeare wth all other due damages &c. . . . The Jury . . . found for the plaint. Fourteen pounds money & costs of Court.

    Cobham agt. Wells

    Josiah Cobham Senior plaint. agt John Wells Defendt in an action of debt of Five pound ten Shillings in money due for house Rent as shalbee made appeare under the hand of the sd Wells & other Evidence wth all due damages &c. . . . The Jury . . . found for the plaint. five pounds ten Shillings in money & costs allowd Sixteen Shillings & ten pence.

    Execution issud July. 31o 1678.

    Long agt Alford

    William Long of Boston plaint. agt John Alford Defendt in an action of debt of Seventy Seven pounds Seventeen Shillings and nine pence money due by bill bond or Writing under his hand and Seale bearing date. 29th of March. 1678. with all other due damages &c. . . . The Jury . . . found for the plaint. Seventy Seven pounds Seventeen Shillings nine pence money & costs of Court granted thirty two Shillings two pence.

    Execution issued. augo 7o 1678.

    Morton agt. Webb

    John Morton or his lawfull Attourny plaint. agt Christopher Webb as Agent to Prudence Gatliffe Widdow Deft in an action of the case for witholding the Summe of Sixty pounds in money due by bond bearing date the. 22d of April: 1678. under the hand of the sd Webb, for [516] that hee hath not performd the Award of Lt Edmund Quinsey and Josiah Chapen according thereunto, with all other due damages &c. . . . The Jury . . . found for the Defendt costs of Court.

    Purkis agt. Winder etc.

    George Purkis Substitute of Charles Oughtred Attourny to Samuel Sheafe of London plaint. against the goods or Estate late belonging unto John Winder Merchant in the hands of John Palmer who married with Sarah the Relict and Admx of the Estate of sd Winder or wheresoever else, and the goods or Estate late belonging unto Robert Gibbs Merchant in the hands of Jonathan Curwin who married wth Elisabeth the Relict and Admx of the Estate of sd Gibbs: & James Whetcomb Merchant them or either of them Defendts according to attachmt datd 25o Iuly. 1678. The action being called, and the attachmt read, mr Curwin one of the Defts produced a Letter of Attourny from Samuel Sheafe abovenamed of later date then the plaints made to a third person, and thereupon moved for a nonSute; which was granted him by the Court: The plaint. appeald from this Judgemt or Sentence unto the next Court of Assistants & gave Security for the prosecution of his Appeale to Effect.

    [See Purkis v. Winder et al., p. 1002, below, and Records of Court of Assistants, i. 123.]

    Purkis agt Winder etc.

    George Purkis Substitute of Charles Oughtred Attourny to Samuel Sheafe of London plaint. agt the goods or Estate late belonging unto John Winder Mercht in the hands of John Palmer, who married with Sarah the Relict & admx of the Estate of sd Winder or wheresoever else &c. as above Defendts according to Attachmt datd 25o Iuly: 1678. Judgemt & Appeale in all respects as above.

    Green agt Jenner

    Mary Green Attourny of her husband Nathanael Green of Boston Marrinr plaint. agt Thomas Jenner of Charlestown Marrinr Defendt in an action of the case for not paying the Summe of One hundred & Ninety pounds Starling mony of Barbados due unto sd Green from sd Thomas Jenner in and by a bond or Obligation under his hand & Seale bearing date. 2d of October. 1675. &c. wth other due damages. . . . The Jury . . . found for the plaint. One hundred & Ninety pounds Starling mony of Barbados forfiture & costs of Court upon request of the Defendt the plaint. acknowledging the receipt of Fifty pounds The Court chancered this [517] Forfiture unto Fifty Seven pounds New-England money in full of the remainder of the condition of sd Obligation with all damages, and costs of Court grantd thirty one shillings 6d The Court Suspended this Judgement untill the next Court of this County according to law.

    Vsher agt Vsher

    John Vsher plaint. agt Hezekiah Vsher Defendt The plaint. withdrew his Action.

    Yeales agt. Ayer

    Timothy Yeales plaint. agt Peter Ayer of Havarill Defendt in an action of the case for unjustly and illegally taking off from the Wharfe of John Arnall in Boston about the middle of the month of April last past Six thousand foote of Merchantable pine boards which were the plaintifes, whereby the plaintife is greatly damnified with all other due damages &c. . . . The Jury . . . found for the plaint. twelve pounds money & costs of Court.

    Long agt Allen

    William Long plaint. agt Abraham Allen Defendt in an action of debt of five pound thirteen Shillings & Seven pence in money due by booke, with all other due damages &c. . . . The Jury . . . found for the plaint. five pound thirteen Shillings Seven pence money & costs of Court granted twenty Shillings.

    Execution issued 20th augo 1678.

    Savage agt. Ship Wm & Henry

    Ephraim Savage who married with Sarah Relict & Admx of the Estate of Obadiah Walker deced plaint. agt Ship Wm & Henry Jeremiah Cushing mar Defendt in an action of debt of Fifteen pounds money disburst and paid by sd Walker in part of payment for the building of sd Ship &c. . . . The Jury . . . found for ye Defendt costs of Court.

    Casey agt. Palmer

    John Casey Attourny of John Midgly the assigne of Jacob Bushe plaint. agt Lisle Palmer Defendt in an action of debt of Forty five pounds Starling due by bill under the hand & Seale of the sd Palmer bearing date. Octobr 4th 1677. with all other due damages &c. . . . The Jury . . . found for the plaint. thirty five pound fourteen Shillings money and costs of Court, granted twenty Seven Shillings four pence.

    Execution issued 7o augo 1678.

    John Vsher plaint. agt Hezekiah Vsher & mr Samuel Nowell Defendts The plaint. withdrew his action.

    Parke agt. Woodey

    Deacon William Parke plaint. agt Richard Woodey Senr Defendt in an action of the case for non payment of One hundred pound Starling to the sd Parke which was the forfiture of his bond datd 13.9: 1660. for the non payment of Fifty pounds by [518] mr Wm Perkins or otherwise in London according to order from the sd Parke and should have been paid. 25o March. 1663. &c. . . . The Jury . . . found for the plaint. forfiture of the bond One hundred pounds Starling & costs of Court. Upon Request of the Defendt & hearing of both partys The Court chancered this forfiture to Forty Eight pounds money and costs of Court granted twenty nine Shillings. 6d

    Execution issued. 3d Septembr 1678.

    Bartholomew agt Wiswall

    Joseph Bartholomew plaint. agt John Wiswall Junior Defendt The plaint. withdrew his action.

    Joseph Bartholomew plaint. agt John Wiswall Junior Defendt The plaint. withdrew his Action.

    John Wiswall Junior plaint. agt Joseph Bartholomew Defendt The plaint. withdrew his action.

    Phillips agt Hutchinson

    Henry Phillips plaint. agt Elisha Hutchinson who married Elizabeth Relict and admx to mr John Freake deced & John Scarlett Execr to the last Will and Testamt of Captn Samuel Scarlett deced or either of them Defendts in an action of the case for not paying the Summe of two hundred twenty five pound currant money of New-England due as the forfiture of a bond datd 13. March. 1672. under the hands & Seales of the sd John Freake & Samuel Scarlett &c. . . . The Jury . . . found for the Defendt costs of Court.

    Kent agt Phillips

    William Kent plaint. agt Henry Phillips Defendt in an action of debt for Eleven pound in money due for Rates sd Kent paid for sd Phillips to the Town of Boston in the yeares. 1676. & 1677. which Summe should have been paid by the sd Phillips as Rates due for his house which the sd Kent now liveth in as shall appeare under the hands of the Select men of Boston wth other due damages &c. . . . The Jury . . . found for the plaint. Eleven pounds and costs of Court. Afterwards both partys by joint consent refer’d the finall issue of this case and the abovewritten (relating to mr Kent his payment of his Rent) unto the Bench who determind that mr Kent have five pounds allowd him in full for Rates pd by him, and that hee pay the Rent due to mr Phillips, each person bearing theire own charge.

    Alleine etc. agt Tomlin

    Henry Alleine & compa plaints agt William Tomlin Defendt in an action of the case for not paying the Summe of Eleven pound nineteen Shillings and Six pence due upon accot as shalbee made appeare by Evidence with all other due damages etc. . . . The Jury . . . found for the Defendt costs of Court.   [519]

    [See review of this case at April session, 1679, p. 1000, below.]

    Davis agt Johnson

    Samuel Davis plt agt Samuel Johnson formerly Master of the ship two Sisters Defendt in an action of the case for not paying the Summe of five pounds in money or thereabouts due for wages for Service done by the sd Davis as Marrinr in the aforesd Ship being Shipped by the sd Master at thirty Seven Shillings per month in money upon the. 7th of March last past &c. . . . The Jury . . . found for the plaint. five pound one Shilling six pence money and costs allowed Eighteen shillings two pence.

    Execution issued 5o augo 1678.

    Brigden agt Johnson

    Thomas Brigden plt agt Samuel Johnson formerly Mar of the ship two Sisters Defendt in an action of the case for not paying the Summe of Seven pounds ten shillings in money or thereabouts due for wages for Service done by the said Brigden as Masters Mate of the aforesd Ship, being Shipt by the sd Master at Fifty five Shillings in money per month &c. . . . The Jury . . . found for the plaint. Seven pounds Eleven Shillings money and costs of Court allowd Seventeen Shillings ten pence

    Execution issued 5o augo 1678.

    Saltus agt. Johnson

    Henry Saltus plaint. agt Samuel Johnson formerly Mar of the Ship two Sisters Defendt in an action of the case for not paying the Summe of five pound in money or thereabouts due for wages for Service done by the sd Saltus as Boatswain of the aforesd Ship being Shipped by the sd Master at thirty Seven Shillings per month in money upon the. 7th of March last past: . . . The Jury . . . found for the plaint. five pound one Shilling six pence money & costs of Court allowd twenty Shillings & ten pence.

    Execution issued 5o augo 1678

    Walley agt. Meader

    John Walley plaint. agt John Meader Defendt in an action of the case for the non payment of twenty pounds in money due by booke or thereabouts: . . . The Jury . . . found for the plaint. Seventeen pounds fifteen Shillings halfe penny money & costs of Court allowed twenty Shillings.

    Execution issued

    Thomas agt. Cobham

    George Thomas plaint. agt Martha Cobham Defendt in an action of debt of Seven pounds fifteen Shillings & nine pence in money or thereabout due for a hogshd of Sugar Sold and delivered her as shalbee made appeare with all other due damages &c. . . . The Jury . . . found for the plaint. Seven pounds fifteen Shillings nine pence money & costs of Court allowd twenty three Shillings six pence.

    Execution issued augo 9o 1678.   [520]

    Byfeild agt. Persons

    Nathanael Byfeild plaint. agt Phillip Persons of Marblehead Defendt in an action of debt of Fifty pound thirteen Shillings in money or thereabouts due by booke with all other due damages &c. . . . The Jury . . . found for the plaint. Fifty pounds thirteen Shillings Eight pence three farthings money & costs of Court

    Lancaster agt. Mason etc.

    William Lancaster & Jane his wife one of the daughters of Lionell Wheatley and a Legatee mentioned in his Will plaint. agt Arthur Mason and Thomas Dewer Execrs of the last Will & Testamt of sd Lionell Wheatley late of Boston deced or either of them Defendts in an action of the case for not paying the proportion or Share given to the sd Jane Lancaster by the Will of sd Lionell Wheatley being to the Value of One hundred & ten pounds of currant money or thereabouts with all other due damages &c. . . . The Jury. . . found for the Defendt costs of Court granted ten Shillings and ten pence.

    Rose agt. Pitman

    Roger Rose plaint. agt William Pitman Defendt in an action of Battery strikeing him with a quart pot &c. . . . The Jury . . . found for the Defendt costs of Court.

    Rose agt. Stowell

    Roger Rose plaint. agt Samuel Stowell of Hingham Defendt in an action of the case for not delivering the quantity of twelve cord of wood according to bill under his hand which is to the plaints damage three pound Six Shillings in money with all other due damages &c. . . . The Jury . . . found for the Defendt costs of Court allowd twenty nine Shillings Eight pence. The plaint. appealed from this Judgemt unto the next Court of Assistants and put in Security for the prosecution thereof to Effect.

    [The bill, Burrell’s receipt for 12 cords from Stowell on account of Roger Rose at Elder Bates’ landing place at Weymouth, and various depositions are in S. F. 1722.2–6. Rose appealed (S. F. 1722.1), alleging the wood was not delivered to the proper place at the time agreed, and that the wood delivered at Bates’ landing was rotten and measured but 9 cords. The Court of Assistants (Records, i. 121) sustained the lower court, and Rose had to pay 48s 3d costs.]

    Fox agt Leverett

    Nathanael Fox plaint. on replevin agt John Leverett Esqr Defendt The plaint. was nonsuted in failure of process not giving a Summons.

    Dell agt. Longfellow

    Joseph Dell plaint. agt William Longfellow Defendt in an action of the case for the Forfiture of a bond of three hundred and one pounds fourteen Shillings and four pence in money &c. . . . The Jury . . . found for the Defendt costs of Court.   [521]

    Dudley agt Dutch etc.

    Paul Dudley Mercht plaint. agt Robert Dutch Senr of Ipswich and John Kent Junr of Newberry or either of them Defendts for breach of bond of Fifty pounds bearing date. 15o April: 1678. with all damages &c. . . . The Jury . . . found for the plaint. forfiture of the bond fifty pounds money and costs of Court grantd twenty four Shillings ten pence

    Execution issued 5o augo 1678.

    Allen agt Gibson

    Bozoon Allen plaint. agt William Gibson Defendt The plaint. withdrew his action.

    Barton agt Gross

    James Barton Attourny of Jsaac Barton plaint. agt Clement Gross Defendt The plaint. withdrew his Action.

    Baker agt. Mattock

    Nathanael Baker plaint. agt Samuel Mattock Defendt The sd Samuel Mattock came into the Court & confes’t Judgemt agt his Estate and person unto Nathanael Baker for three pounds Sixteen Shillings & six pence to bee paid in money and Six thite barrells.

    Rose agt Wells

    Roger Rose plaint. agt Thomas Wells Defendt in an action of debt of three pounds in money due by bill with all other due damages &c. . . . The Jury . . . found for the plaint. three pounds in money or leather at money price according to bill & costs of Court granted Eighteen shillings six pence.

    Execution issued augo 15o 1678.

    Kent etc. agt. Way etc.

    William Kent & Richard Knight Attournies to Samuel Hawford plaints agt. the goods or Estate or money that did belong to the Estate of Andrew Sheppard late of Boston deced whither in the hands of Richard Way and John Jndicott Sureties to Martha Emery or wherever in an action of the case for not delivering one quarter part of the Barque Thomas & Mary & her loading of logwood brought from the Bay of Campechy being 23 tons 19c: 2: 17: together with an accot & the produce of the sd Barques Earnings for severall Voyages: Also for not delivering one third part of the produce of ten tons o: 1qr o. Logwood which was brought from the sd Bay of Campechy by Nathanael Man and deliurd to sd Sheppard and by him Sold to mr Em Hutchinson at £. 9: 5: 0 per ton whereby sd Hawford is damnified at least £.150. wth other due damages &c. . . . The Jury . . . found for the plaint. one third part of the Logwood Ship’t onboard the Katch Jndustry Nathanael Man mar and that the Defendts shall within ten dayes give unto the plts a just Acco and the Effects of sd Logwood or to pay Forty pounds money & costs of Court. Richard Way and John Jndicott appearing as Defendts appeald from this judgemt unto the next Court of Assistants [522] and sd Jndicott gave Security for prosecution of his appeale to Effect.

    [See Alford v. Endicott, above, p. 726. A few fragmentary documents on this case are in S. F. 162179. See Records of Court of Assistants, i. 122.]

    Alford agt. Way etc.

    Benjamin Alford attourny of John Sweeting of London Admr to the Estate of his Son John Sweeting deced plaint. agt Martha Emery heire to the Estate of Andrew Sheppard deced and Richard Way & John Jndicott as Sureties for Martha Emery as heire aforesd Defendts in an action of the case to the Value of £ 150. for witholding and refuseing to deliver to the said Benjamin Alford as Attourny aforesd one quarter part of the barque Tho: and Mary of which the sd John Sweeting deced was Owner, or the money or Effects for which the sd quartr part was Sold: Also for refuseing to render to the sd Alford as Attourny aforesd the accot of the Stock and Earnings and the proceeds of the freight and imploymt of the sd Barque in her last Voyage from Boston in to the Jndies & to Boston again under command of the sd Sheppard with all other due damages &c: . . . The Jury . . . found for the plaint. one quarter part of the Barque called Tho: & Mary being the Vessell now in controversy & a just acco of the Stock and Earnings of the sd Vessell the last Voyage the Vessell made into the Jndies and from thence to Boston under the command of mr Andrew Sheppard or Fifty pounds money within twenty dayes and costs of Court. Lt Way and John Jndicott appearing as Defendts appeald from this Judgemt unto the next Court of Assistants, and the Defendt John Jndicott gave in Security for the prosecution of his appeale to Effect.

    [See Alford v. Endicott, above, p. 726, and Records of Court of Assistants, i. 122.]

    Vsher agt Pickering

    John Vsher plaint. agt Sarah Pickering Defendt in an action of debt of Nine pound three shillings in money due by booke which shall farther appeare by bill under the hand of the sd Pickering datd 5o 8br 1675. with all due damages. . . . The Jury . . . found for the plaint. nine pound three shillings money and costs of Court grantd Eighteen shillings.

    Execution issued Augo 14o 1678.

    Leverett agt Fox

    John Leverett Esqr plaint. agt Nathanll Fox Defendt in an action of trespass upon the case for groundeing two Sloopes in the Dock or Creeke of the sd John Leverett, in Boston and thereby stopping the passage and defameing the just title of the sd Leverett in the sd dock or Creeke to his damage One hundred pounds in money wth all other due damages: . . . The Jury . . . found for the plaint. the dock or Creeke now in controversy ten shillings money damage and costs of Court. The Defendt appeald from this Judgemt unto the next Court of Assistants and gave Security for the prosecution thereof to Effect.   [523]

    [The plaintiff withdrew his action before it reached the higher court. Records of Court of Assistants, i. 125.]

    Battery to Palmer

    Edward Battery personally appearing in Court confessed judgement agt. his Estate and person unto Lisle Palmer for five pounds two Shillings Six pence to bee pd in money according to bill.

    Execution issued augo 19o 1678.

    March to Deane

    Hugh March of Newberry personally appearing in Court, confessed Judgement agt his Estate and person for twelve pounds Fifteen Shillings to bee pd in money unto Thomas Deane of Boston Mercht in full of a bill on file: the sd mr Deane personally appearing in the Office: 16o augo 1678. acknowledged that hee had received full Satisfaction of the abovewritten Judgemt

    Swett to Webb

    Stephen Swett Senior of Newberry personally appearing in Court confes’t judgemt agt his Estate and person unto Joseph Webb of Boston for Six pounds two & Six pence to bee pd in mony

    Execution issued. 14o April. 1679.

    Prince Find

    Samuel Prince of Hull for not attending the Service of the Grandjury according to Summons was fined twenty Shillings; but hee afterwards appearing and making his excuse the Court remitted it.

    Green Find

    Tobias Green of Hull for not attending the Service of the Jury of Tryals according to Summons was fined ten Shillings in money.

    Pugsley to Pegge

    Richard Pugsley appearing in Court confessed judgemt agt his Estate and person unto Edward Pegge Attourny of Richard Hyde of Salem for the Summe of five pounds one Shilling to bee paid in money, in full of a bill on file with damages.

    Execution issued. 3o augo 1678.

    Battery to Codner

    Edward Battery appearing in Court confessed judgemt agt his Estate and person unto Richard Codner for five pounds to bee pd in money.

    Execution issued. 19o augo 1678.

    Checkley to Balstone

    Anthony Checkley personally appearing before Edwd Tyng Esqr & Joseph Dudley Esqr Assists 30th July 1678. confessed Judgemt agt his Estate and person unto Jonathan Balston Senior the order of John Noyes for twenty pounds in money in full of a bill on file.

    Execucion issued. 12o augo 1678.

    Clarke Find 10s

    Hugh Clarke presented for taking Tobacco in Boston Streets; which hee owned. Sentenced to pay ten Shillings in money fine according to Law.

    White his discharge from Trayning

    John White Senior of Muddy River In Answer to his petition is dismis’t from attending upon ordinary traynings, hee keeping Six good fire armes with appurtenances & ammunition proportionable to bee alwaies in a readiness for the Country’s Service, and in defect thereof to pay for not trayning according to law.   [524]

    Gross to Barton

    Clement Gross personally appearing in Court July. 31o 1678. confessed judgemt against his Estate and person unto James Barton Attourny of Jsaac Barton for thirty one pounds thirteen Shillings six pence to bee pd in money in full of a bill on file with damages.

    Execution issued. 3d Xbr 1678.

    Fuller Find £.5.

    Samuel Fuller convict by his own confession in Court of committing Fornication with Sarah Rice, by whome Shee hath had a bastard Childe. Sentenced to bee whipt with twenty stripes or to pay five pounds money fine to the County, and to two Shillings per weeke to the sd Sarah towards the maintenance of sd Childe untill this Court take further order and to pay fees of Court standing committd &c. the sd Samll Fuller principall in twenty pounds and John Fuller Surety in £.20: bound themselves in Court jointly and severally unto the Treasuror for the County in the Summes aforesd for securing the abovementioned weekely payment.

    Rice Find £ 5.

    Sarah Rice alike convict of committing Fornication with Samll Fuller. Sentenced to bee whipt with fifteen Stripes or to pay five pounds in money fine to the County and fees of Court standing committed &c.

    Armitage presentd

    Hannah Armitage presented by the Grandjury for excessive drinking: The presentmt not being proved Shee was dismis’t.

    Hollis Find 10s

    Elizabeth Hollis wife of John Hollis presentd for delivering a quart of Liquors to an Jndian; which Shee owned before two witnesses and afterwards denyed it: Sentenced for her lying to bee whip’t with ten Stripes or to pay ten Shillings money fine to the County and fees of Court standing committd

    Ludden Find 10s

    Benjamin Ludden complained of by Giles Goddard for assailing and beating of him drawing much blood from him and strikeing of sd Goddards Servant. Sentencd to pay ten Shillings money fine to the County and to pay unto sd Goddard Forty Shillings money for damages to himselfe and Servt and to pay fees of Court standing committd &c.

    Goddard ordered to pay. 5s

    Giles Goddard for taking away a Canoo from the Boate whereof Valentine Decro was Master without leave, Ordered to pay unto sd Decro five Shillings according to Law.

    Decro Sentencd

    Volentine Decro prosecuted by John Man for taking off a quantity of stones from the out-wharfe in Boston belonging to sd Man. Ordered to lay ten tons of stone upon sd wharfe within the space of one weeke next following or to pay unto sd Man thirty Shillings in money wth charges of prosecution granted twenty Shillings.

    Jsrael Levet presented for drunkenness, not proved.

    Hobart cautiond

    Joshua Hobart junr presentd for Selling Liquors without Licence, curseing Swearing &c. nothing was proved, but Selling of Liquors which hee owned, onely pleaded hee did it upon his Fathers licence: The Court declare that Capt Hobart hath no liberty to impower his Son so to do and that if hee continue in the practice thereof hereafter hee wilbee accotd a transgressor of the Law. [525]

    John Angel of Hingham Miller presented for taking more toll then his due, not being proved hee dismis’t.

    Baker Find 20s

    Nathanael Baker of Hingham complained of for putting in more Votes then one for one Selectman at a time, upon hearing of what was alleaged and proved against him: The Court Sentencd him to pay twenty Shillings money fine to the County twenty Shillings charges of prosecutn and fees of Court standing committd &c.

    Childe Senta

    Alwin Childe being accused by Dyonisia Savage to bee the reputed Father of a bastard Childe late born of her body which Shee constantly persisted in both before & in the time of her travail and also gave Oath thereof in Court; sd Childe is declared to bee the reputed Father according to Law of the sd Childe, and Ordered to pay unto the sd Dyonisia Four Shillings in money per weeke weekely towards the maintenance of sd Childe untill the Court take further order and to give Security for the same and pay fees of Court standing committd &c.

    Savage Senta

    Dyonisia Savage convict by her own confession in Court of committing Fornication and having a bastard Childe, Shee chargeing mr Alwin Childe to bee the Father thereof: Sentencd to bee whip’t with twenty Stripes or to pay Fifteen pounds in money fine to the County and fees of Court standing committd &c.

    [The fine was abated at the October session. See p. 959, below.]

    Hews discharge

    Joshua Hews upon proclamation made was discharged from his bond for his good abbearance.

    Order to Capt Whipple

    Jt’s Ordered that Captn John Whipple, who is nominated Execr of the last will of mrs Margaret Rogers deced do appeare within fourteen dayes after notice hereof and make probate of sd Will, or else that Administracion bee granted to some of the Creditors the goods left by the deced lying upon Spoyle and some of the Creditors being willing to take theire own goods again cannot receive them.

    Perkins to Woodde

    William Perkins of Topsfeild personally appearing confessed judgement against his Estate and person unto Ensigne Richard Woodde of Boston for the Summe of Forty nine pounds due unto the sd Woodde to bee paid in money

    Freemen Sworn

    Joseph Bridgeham, Joshua Winsor, William Sumner, John Goffe, and John Barnard all of Boston tooke the oath of freedom of this Colony.

    Rigby presentd

    Samuel Rigbey of Dorchester presentd by the Grandjury for excessive drinkings disorders in his family & striking his wife, claimed the benefit of a Jury, which was grantd him; after the charge was read and presentd to the Jury; none of the witnesses cited and Summoned would testify any of the charges The Jury brought him in not guilty. [526]

    Thomas Gill junior of Hingham tooke the oath of Freedom.

    Snell Find £.10.

    Sarah Snell being accused of wanton lascivious carriages put her Selfe on a tryal by a Jury, who found her guilty of wanton and lascivious carriages The Court Sentenced her to bee whip’t with twenty Stripes, to pay charges of prosecution and fees of Court standing committed &a upon her petition remitted her punishmt upon payment of ten pounds money.

    Hill admonish’t

    Patience Hill presentd for her disorderly carriages in the South meetinghouse in time of publique worship, was admonish’t, and ordered to pay fees of Court.

    Auborne Find £.5.

    Rebecca Auborne convict by her own confession in Court of committing Fornication with Samuel Kemble having a bastard Childe, Sentenced to bee whip’t with Fifteen Stripes and to pay fees of Court standing committd &c. afterwards remitted her punishmt upon payment of five pounds in money.

    Kemble Senta

    Samuel Kemble is declared to bee the reputed Father according to Law of the Childe late born of the body of Rebecca Auborne, and ordered to pay unto the sd Rebecca, two Shillings six pence in money per weeke weekely towards the maintenance of sd Childe and to give in twenty pounds Security for the same untill the Court take further order and to pay fees of Court standing committd &c.

    Gilbert to Leverett

    William Gilbert personally appearing in Court confes’t Judgemt against his Estate and person unto Hudson Leverett for twenty pounds to bee paid in money being in full of a bill on file.

    Execution issued. 5o augo 1678.

    Messenger admonish’t

    Simeon Messenger bound over to answer for being at the house of Arthur Keyne in compa with Tho: Hichborn and others where was quarrelling and fighting was admonisht and ordered to pay fees of Court.

    Hichborn Find 10s

    Thomas Hichborn for quarreling and fighting at the house of Arthur Keyne Sentenced to pay ten Shillings in money fine and fees of Court standing committd &c.

    Gill Admonish’t

    Abigail Gill wife of John Gill complained of for being in company of severall men at the house of Arthur Keyne, drinking and danceing, was admonish’t and ordered to pay fees of Court.

    Pegge Find 5s

    Edward Pegge presentd for being unseasonably at the house of Widdow George in Dorchester. Sentenced to pay five Shillings in money fine to the County and fees of Court.

    Joseph Jndian Find 3s 4

    Joseph Jndian living with Enoch Wiswall of Dorchester convict by his own confession in Court of breach of the peace Sentencd to pay ten groates in money fine.

    Keyne Find £.5.

    Arthur Keyne convict by his own confession in Court of Selling Strong beere and Cider without licence, Sentenced to pay five pounds in money fine according to Law and fees of Court standing committd &a   [527]

    Forster Find 10s

    Miles Forster convict by his own confession in Court of keeping open his Shop or Warehouse windows on a publique day of humiliation Sentenced to pay ten Shillings in money fine and fees of Court.

    Russell Senta

    Elizabeth Russell Widdow convict by her confession in Court of committing Fornication. Sentencd to bee whip’t with fifteen Stripes.

    Welden ordered to depart

    Daniel Welden a Carter being complained of by the Select men of Boston for having a wife in London, and yet remaining in this Town without theire allowance: Ordered to depart to his wife by the next oppertunity of Shipping under the penalty expres’t in the Law.

    Order about Blease & Edwards

    Upon a full hearing of the case between Caleb Blease and Matthew Edwards his late Master: Ordered that sd Blease pay unto sd Edwards Seven pounds in money for what sd Edwards paid for him and the charges expended him & Capt Poole in prosecuting Ri: Francis amounting to Forty two Shillings, in all £.9:2:0. and this to bee a finall issue and the Judgemt of this Court to stand good for sd Blease.

    Ellis his discharge from Trayning

    Edward Ellis being improved in the practice of Chyrurgery is thereupon freely discharged from attending upon ordinary Traynings.

    Eggen admonish’t

    Elizabeth Eggen presentd for entertaining of Strangers in her husbands absence was admonish’t not to give entertainmt to Lodgers.

    Tipping Ordered to depart

    John Tipping Cordwainer being presentd for making Sute to some maids or women in order to marriage, hee having a wife in London, hee ownd that hee had a wife but denyed his making Sute to any person as above: Js Ordered to depart to his wife by the next oppertunity of Shipping under the penalty expres’t in ye law. being twenty pounds

    Hetts theire Guardians

    Samuel Hett appearing in Court made choise of Ensigne Ri: Woode to bee his Guardian; which hee accepted and the Court allowed hee giving bond according to Law.

    Hannah Hett appearing in Court made choice of Captn Daniel Henchman to bee her Guardian, which hee accepted and the Court allowed hee giving bond according to law.

    The Court appointd Captn Daniel Henchman & Ensigne Richard Woode to bee joint Guardians to John Thomas and Mary Hett Children of Anne Hett Widdow deced being under age to choose for themselves.

    Colcord Senta

    Edward Colcord convict of Stealing a purse of money from Robert Thornton containing about ten pounds: Sentencd to Sit in the Stocks two houres too morrow in Court time and to pay unto sd Thornton twenty pounds in money being the remaindr of 3ble damages according to law, and to give in bond of twenty pounds for his good abbearance untill the next Court of [528] this County and to pay fees of Court standing committd &c. sd Edw: Colcord and Tho: Thorton of Hampton were bound jointly and severally in the Summe of twenty pounds unto the Treasuror of the County for sd Coldcord his good abbearance.

    Cobham’s discharge

    Josia Cobham of Boston by reason of age and infirmities of body attending him is discharged from ordinary traynings, hee providing three fire armes ammunition &ca according to law, to bee alwaies in a readiness for the Country’s service.

    At a Meeting of the Governor & Magistrates in Boston: 22o Augo 1678. @

    Present

    • John Leverett Esqr Govr
    • Edwd Tyng Esqr
    • Simon Bradstreet Esqr
    • Joseph Dudley Esqr Assts

    Getlives Guardians

    mr Amos Richardson of Stoningtown, mr John Fayerweather and mr Arthur Mason both of Boston are appointed to bee Guardians unto Jonathan Getlive and Thomas Getlive, Sons of the late Jonathan Getlive of Boston Marrinr deced during theire non age, to take care of the Education of the sd Children and to take in to theire custody the portions or Estate belonging to the sd Children left them by theire sd Father & mother now also deced and to improve the same for the benefit of sd Children, they giving Security for the discharge of theire trust according to Law.

    Jsa Addington Cler.

    Crow to Eyre

    Christopher Crow appeared before John Leverett Esqr Govr and Edward Tyng Esqr Assist. Augo 26o 1678. and confessed Judgement against his Estate and person unto John Eyre for nine pounds thirteen Shillings and six pence to bee paid in money in full of all accots

    Jsa Addington Cler.

    7th Septembr 1678

    Mackarter to Childe

    John Mackarter of Salem Dyer appearing before the Worppll Daniel Gookin Esqr and Edward Tyng Esqr Assists confes’t Judgemt agt his Estate and person unto Alwin Childe for the Summe of thirty pounds nine Shillings in money in full of a debt due by booke.

    Jsa Addington Cler.

    Execution issued 18o 7br 1678.

    Present

    • Jno Leverett Esqr Govr
    • Simon Bradstreet Esqr
    • & Edw: Tyng Esqr

    [Cushing’s Guardian]

    Matthew Cushing appearing before the Governor & Magistrates in Boston. 5o Septembr 1678. not being of full age, made choice of his Father Daniel Cushing of Hingham to bee his Guardian relating to a Legacy of Fifty pounds given him by the last Will and Testamt of Peter Cushing late Citizen and Turner of London; the sd Daniel accepted the trust and the Governor and Magistrates allowed the choice:

    as attests. Jsa Addington Cler.

    17th Septembr 1678.

    Colcord to Thorntun

    Edward Colcord personally appearing before John Leverett Esqr Govr and Edward Tyng Esqr Assist, confest Judgemt against his Estate unto John Wing attourny of Robert Thorntun for twenty pounds to bee paid in money, and declared it lawfull for the Marshall to make Sale of his Estate by out cry to make money for the Satisfaction of sd Judgemt for which Summe hee stands committed to prison by the Sentence of the last County Court in Boston untill it bee paid.

    as attests. Jsa Addington Cler.

    Execution issued 18o Septr 1678.   [529]

    Arnall to Rawson

    William Arnall of Redding personally appearing before John Leverett Esqr Govr and Edwd Tyng Esqr Assist. Octobr 7th 1678. confest judgemt against his Estate and person unto William Rawson of Boston for three pounds fourteen Shillings to bee paid in money in full of all accos with charges.

    Jsa Addington Cler.

    Executn issued. 30th 8br 78.

    Trick to Poole

    Elias Trick of Marblehead Fisherman appearing before Edward Tyng Esqr and Joseph Dudley Esqr Assists 24o October. 1678. confes’t judgemt against his Estate and person for thirty two pounds two Shillings and two pence to bee paid unto John Poole in money or Fish at money price, being in full of two bills on file and a Booke debt.

    Jsa Addington Cler.

    Brisco to Alleine

    Benjamin Brisco personally appearing before Simon Bradstreet Esqr Deputy Govr and Edward Tyng Esqr Assist. Octobr 28o 1678. confes’t Judgemt against his Estate and person unto Henry Alleine Mercht for twenty nine pounds three Shillings to bee pd in money in full of a bill on file with charges and otherwise due.

    Jsa Addington Cler.

    Executn issued. 13o Januro 1678. [530]