At A County Court held at Boston 29o Iuly Anno 1679. @

    Present

    • S: Bradstreet Esqr Govr
    • J: Dudley Esqr Asst
    • Edwd Tyng Esqr Asst
    • Humpr Davie Esqr Asst

    Grandjury Sworn

    • mr Wm Parke
    • Ricd Withrington
    • Francis Hammont
    • Tho: Peck Senr
    • Anto Gulliver
    • Richd Ellice Senr
    • Wm Greenough
    • Robert Twelves
    • Henry Wight
    • Wm Tay
    • Ionas Humphry
    • Nathll Bosworth
    • Griffin Craft
    • Iohn Lazell
    • Ricd Baker
    • Lt Iohn Smith

    Jury of Tryals Sworn

    • mr Christo Webb
    • Humpr Iohnson
    • Iacob Beales
    • Iohn Skeate
    • Edwd Wiet
    • Ezra Morse
    • Iohn Dafforne
    • Iames Bird
    • Robt Avery
    • Obadiah Read
    • Iohn Richards
    • Ino White

    [Haywood v. Brome]

    Anthony Haywood plaint. conta Iohn Brome in an action of the case for not performing his bargain made about the. 4th Decembr ulto of a parcel of Rhum conta about 246 gallons, wch sd Haywood bought at. 21d per gallon and sd Brome was to deliver free of all charges as custom &ca but did not, So that 240 gallons or thereabouts is Seized on by the Collector for Custom in behalfe of the Country whereby the plaint. is damnified about twenty two pounds money with other due damages &ca. . . . The Iury . . . found for the plaint. twenty one pounds in money damage & costs of Court allowd twenty Eight Shillings: This Action was tryed at the last County Court but Judgemt not entred untill this Court according to Law the Defendt being out of the Country.

    [Howard v. Carwin et al.]

    Robert Howard Attourny unto Richd Baylie Wm Walker & Morgan Lewes Execrs to the last will and Testamt of Robert Breviter Esqr of the Island of Barbados plaint. conta Ionathan Carwin who married with Elizabeth Relict of Robert Gibbs deced & Admx to his Estate; and Captn Elisha Hutchinson who married wth Elizabeth Relict of Iohn Freake deced Admx to his Estate or either of them as so related Defendts for not paying the Summe of two hundred and Fifty pounds Sterling due as the Forfiture of a bond under the hands and Seales of the sd Gibbs & Freake wherein they are jointly and severally bound bearing date. 2d Decembr 1672. with all due damages. . . . The Iury . . . found for the plaint. Forfiture of the bond, two hundred and Fifty pounds and costs of Court; Both partys appearing and moving for a Chancery The plaint. craved onely his principle debt and some small matter of damage The Court chancered this Forfiture to Sixty Seven pounds one Shilling six pence in money and Sixty Seven pounds in boards according to bond (having allowd Five pounds in money for damage) and costs of Court granted thirty one Shillings six pence.

    Execution issued. 4o Augo 1679.

    Holowells conta Butler

    William Holowell junr Benjamin Holowell and Edward Ashley who married Mary Holowell or their Attourny plts conta Stephen Butler pretended Executor of Mary Ward late of Boston deced Defendt for that the sd Stephen Butler doth under pretence of such Executorship and colour of Law, withold for about eleven years last past, the moity of the Estate of Benjamin Ward sometime Husband of the sd Mary to the value of Four Hundred pounds or thereabouts as by Inventory thereof upon Record will more fully appear with the profits and improvements thereof from the sd William Benjamin and Edward the right heires of the same, together with damages as shalbee made appeare. . . . The Jury . . . found for the plaints the Estate Sued for [591] According to Inventory and costs of Court: The Defendt appealed from this Iudgemt unto the next Court of Assistants & put in Security for prosecution thereof to Effect.

    [Benjamin Ward, shipwright, died intestate in 1666, leaving a widow, her son by a former marriage, Stephen Butler, and a son-in-law, William Holowell (father of the plaintiff in this case), who had married Benjamin’s own daughter Mary Ward. When the case was reviewed in 1680, several men, who as apprentices had lived in the Ward household, testified as to the relations between the members:

    S. F. 1911.27

    The Deposition of John Vyall Junior aged about .34. yeares testifieth That I lived with Wm Holowell five yeares an Apprentice the most of which time was before Benjamin Wards decease, Benjamin Ward & Stephen Butler and Wm Holowell caried on the trade of building Vessells & other Carpenters worke together in partnership Father Ward one halfe and Steven Butler & Wm Holowell each a Quarter for the most of the time of my Apprenticeship I kep’t the Accounts and was present at the time of their Reckonings and to my certain knowledge Stephen Butler upon makeing up of Accounts most commonly fell in debt unto Benjamin Ward by reason of having taken up beforehand more then his part and alwaies observed that Stephen Butler was beholding to Benjamin Ward and no waies advantagious to him but the benefit & profit of all Butlers Labour accrewed to himselfe, I never heard said Ward say that hee intended to give Stephen Butler anything; but have often heard him Say Benjamin Holowell should bee his heire

    Sworn in Court. 28o July. 1680.

    attests I: Addington Cler

    S. F. 1911.29

    Thomas More aged 42 years or therabouts Testifieth that in the month of February 1665. to the best of my remembrance being in discourse with the old goodman Ward about a match between his son in law William Hollowell & the widdow Ryder, who had some time before yt liued in my house, he said that William Hollowells children should be no charge to him for said hee I haue none so near related as they are, & that he Intended to giue the greatest part of his Estate to them, & farther saith not.

    Taken upon Oath 13. 9. 1667

    Richd Bellingham Govr

    S. F. 1911.25

    The Deposition of Timothy Thornton aged about 30. yeares. Testifieth that whereas I lived with mr Benjamin Ward Ship wright for the space of Four yeares or thereabout and Six months or thereabout with his widdow after my Masters decease, So that I do certainly know and do testify that my Master Ward & his two Sons to Say William Holowell & Stephen Butler were in partnership as followeth my Master Ward one halfe and his sd two Sons each of them one quarter and was to bee carried by an equall proportion of profit or loss, but at the end of severall peices of worke & Accompts being made up I heard complaints of Stephen Butler his takeing of more then his proportion but that hee was any waies a help to my Masters Estate for the time I lived with my sd Master I do certainly know the contrary, and further that hee was rather a hinderance to it, by reason of the great love of my Mistris Ward to her Son Stephen Butler and to his Children So that almost anything in the house was at the command of the sd Butler and his family, and the sd family of Stephen Butler to say his wife and Children made no small improvement of her love by comming from time to time for such things as they wanted either for back or belly, if the house would afford it they had it in such measure as might bee without too much observation of my sd Master & further Saith not.

    Tymothy Thornton

    Sworn in Court. 28o July. 1680.

    There are other depositions favorable to Butler, including the deposition “in perpetuam rei memoriam” of Richard Gridley (S. F. 1911.3), made 15 August, 1667, soon after the widow Ward’s death and before Hollowell began suit. This deposition was recorded in the book of wills for Suffolk at the request of Butler.

    S. F. 1911.22

    An Inventory of the Estate of Benjamin Ward deced taken the 26. January.1666 @

      £. s. d.

    His purse & wearing Clothes Bootes & hatts

    08:19:00

    In the parlour .1. old table .2. old formes 2. old joint Stooles

    00:13:00

    2. old Leather chaires

    00:09:00

    1. Chest of drawers. 30s 1 great Chest. 15s

    02:05:00

    1. Feather bed. 1: Boulster. 2. pillows and a green Rugg

    05:00:00

    The Bedsteed wth Curtains vallents & curtain Rods

    01:15:00

    lli thrid & a pr of woosted Stockins

    00:08:00

    4. pair of Sheets

    03:01:00

    2. Table cloths

    01:02:00

    4. pillowbeers. 8s   5. Napkins. 5s

    00:13:00

    A parcel of Flax wth a wheele

    01:00:00

    2. barrells of Sugars valued at

    05:00:00

    a hatt

    00:04:00

    In the Chamber over the Kitchin one Feather bed one boulster 3. pillows. 2: blankets 1. old curtain one old Rugg

    06:00:00

    pair of Sheets an old bedsteed & Bolster

    00:19:00

    9. yds ½ of damaged broadcloth

    02:05:00

    2. Chests wth an old chaire

    01:01:00

    an old warming pan wth a pair of tongs

    00:04:00

    an old Lampe with ½li yarne

    00:01:06

    In the .2. Garretts .2. flockbeds & .4. boulsters

    01:15:00

    Two old bedsteeds & a Settle

    00:08:00

    two hundred of Cotton wool as is judged at 5d perli

    04:11:08

    a small parcel of Sheep’s woole

    00:04:06

    2 muskets. 2. Rapiers & 2. pr of Bandileers

    01:15:00

    In the Kitchin a parcel of pewter

    02:03:00

    Earthen & tyn ware .2s & a pr of Styliards

    00:12:00

    In plate .1: beer bowle .1: wine cup & 2. Spoones

    02:00:00

    In Bookes .11s 2. brass kettles. 1li 5s 3 Iron pots & a frying pan 37.6

    03:13:06

    2. tramels .1. prpot:hookes. 5s   1:box Irons 5s   3. old chaires .8

    00:18:00

    1. old cupboard wth an old table. 8s a pr andirons 5s a parcel of tooles. 22s

    01:15:00

    Severall parcels of old Iron

    02:00:00

    th part of the Katch Guift

    50:00:00

    ¼ part of the Katch Endeavour

    60:00:00

    ⅓ part of a Lighter

    12:00:00

    a parcel of Oares

    32:10:00

    By .2. hundred of planke or thereabouts

    01:00:00

    By a parcel of old planke & a peece of old Rack

    01:10:00

    By a parcel of Masts & poles

    04:00:00

    By a parcel of Land before the house of his Son Holoway unto the Sea wth the Shed

    40:00:00

    3. dwelling houses wth the yard Roome belonging to each of them

    450:00:00

    The Orchard above the houses

    35:00:00

    A Smith’s Shop & a Coopers Shop

    20:00:00

    12. Acres of Land at Muddy River

    24:00:00

    By part of a parcel of Land at Bilrica

    04:00:00

    By debts due to the Estate part of them accompted desperate

    90:12:00

    By old Lumber in the house & Cellar

    01:11:00

    By Wharfes & Docks

    40:00:00

     

    940:00:00

     

    taken by us.

    Peter Oliver

    Henry Allin

    By what Benjamin Ward was indebted to severall persons . . . . . 82:15:07

    At a County Court held at Boston. 15th February .1666

    Mary Ward Relict of the late Benjamin Ward deposed that this paper containes a true Inventory of the Estate of her late husband Benjamin Ward to her best knowledge, that when Shee knows more Shee will discover it; The Court Order that the Estate remain wholy in the Widdows hands till the Court take further order — Edw. Rawson Recordr

    Ward’s widow died in July, 1667. Her will is as follows (S. F. 1911.21):

    In the name & fear of God Amen. I Mary Ward the Relict of the late Benjamin Ward of Boston Shipwright being weak of body, but through the Mercy of God in perfect understanding knowing that its apointed for all men to die, though the time be uncertain, Considering ye trouble I haue met with & being put unto by reason Sickness came so on, & death so suddainly Issueing, taking my husband out of this World before he setled his Estate and knowing that he often declared to me, yt haueing from a Child brought up my Son Stephen Butler, yt I had by a former husband, whom he found So dutyfull, helpfull & servisable to him as if he had been his own, hee alwaies telling mee he minded to giue him a Considerable part of his sd Estate, yt had so great a hand in helping to get it, least after my decease both my dear husbands mind & will Should not be understood I haueing allwaies a hand in geting of the Estate, Judg it for peace sake, yt my Son, & Son in law & Grand Children may liue in loue and peace, thought necessary to make this my last will & testament being Sole Administratrix to my sd husbands Estate, hereby annulling any late or former Will of mine resigning up my Soul into the hands of the Lord yt gaue it, & my body to the Earth, to be Interr’d by my Executr herafter named, looking for a Glorious Resurection through the merits of Christ Jesus my blessed Sauiour.

    Imprimis I giue to my Reuerend Pastour mr Jno Wilson forty Shillings. To mr Thatcher & mr Allen forty Shillings apeece, & to the poor of the Church of Boston foure pounds.

    Item I giue & bequeath to my Son in law William Holloway Ten pounds.

    Item I giue to my much honrd Friends Major Generall John Leueret & mr Peter Olivar my antient & neer neighbours alwais helpfull to mee. Three pounds apeece to buy them a Ring.

    Item I giue and bequeath all the rest of my Estate both reall & personall, in houses lands, wharfs goods & housholdstuff & whatsoeur my husband left & I now possess & Enjoy, the one half therof that is of all ye houses and & lands & goods to my thre Grandchildren, mary Holloway whom my husband & I brought up. William Holloway & Benja Holloway to be divided Equally between them when they come to bee of age & that they be heyrs Each to other, & in case of their decease the One half to their Father Wm Holloway & ye other half ther of to Stephen Butler my Son & his heyres.

    Item I giue & bequeath the other half of the houses lands & goods to my beloued Son Stephen Butler and his children, he haueing so Industruously laboured with & for my husband, & in case of his & al his Childrens decease before my Grand Children being of age, in Such case what I giue to them my minde & will is should goe to my Grandchildren or the longest liuer of them.

    Item. My mind & will is that my Son in law Wm Holloway shall (giueing Security to my Executr to render it up wt I haue giuen to my Grand children, that dureing their Nonage) he shal haue ye benefit & Improuemt therof.

    Lastly I doe hereby nominate & appoint my Son Stephen Butler to be Sole Execuf of this my last will & testament & Earnestly desire my Honrd Friends major Generall John Leueret & mr Peter Oliuar to be Ouerseers of the same & yt they would Assist my Executr wth their best Councel & advise & see that this will be performed. In witness I haue here unto set my hand & Seal this 4th day of July 1667.

    mary M Ward

    her mark & a seale

    Signed. Sealed. Deliurd & published by ye sd mary Ward to be her last will & Testamt this 4th day of July in the pursence of us.

    Wm Salter, Jno Prince

    Henry Allen, Jno Saunders

    In May, 1667, the widow Ward had filed a petition for division of her husband’s property. Action was taken on this after her death.

    S. F. 1911.13

    To the Honourable the General Court now assembled

    The humble petition of Mary Ward Widdow

    Humbly Sheweth

    That it hath pleased God lately to take to himself the late Benja Ward, yor petitionrs dear husband before he did or could setle that Estate which God had bestowed on him by his and yor Petitionrs labour and care for about forty & fiue years wherin they liued togather with the constant & faithfull seruice of Stephen Butler Son to the petr by a former husband who was very dear to your petrs late husband Ward, who alwaies told yor petr that he resolued to manifest his loue & affection to her said Son Butler as to his owne, that God had giuen unto them selues as a reward of all his faithfull & dilligent seruice both before & after he was for himself; but he dyeing Jntestate, & yor petitionr very aged & weak, & unfit to manage what is left, & being desireous that ye Estate of her late husband may bee divided & setled on herself & her thre Grandchildren wch is all the Jssue that God is pleased to Spare the petitionr, & her late husband, the one half ther of to yor petitionr & her dispose wherby she may be enabled to Hue in some measure, Comfortably the remainder of her time, but also leaue behind her some testimony of her loue to her Son Butler, and his Children to whom her husband Intended soe well, & the other half of the whole to hir sd Grandchildren to bee giuen to them at the day of maryage. & yor petitionr, as in duty she is bound, Shall pray.

    That this is a true Copy Compared wth ye Originall Exhibited to the Genrl Court may. 1667

    Attests Edw Rawson Secretary

    Vera Copia attests Isa Addington Cler

    At a Generall Court held at Boston the 15 May. 1667

    In Answer to the petition of Mary Ward widdow, the Court on perusall of the petition declares yt ye Cognisance therof belongs to the County Court of Suffolk to whom it is referred.

    S. F. 1911.21

    At a County Court held at Boston 31. July. 1667

    The Court on due perusall of the late Mary Wards petition to the Genrl Court in May last, & ye Courts Answer therunto with the Evidences of Richard Gridly & Henry Allen to gather wth the last will & testament of ye sd Mary Ward now also proued in this Court by Suffitient Evidences to be her last will & Testament, & Considering her equall minde & due care to her Children both by first & Second husband, doe allow & Confirme the said Will to be a finall Issue for setling of that Estate between the Children. Ordering that her petition & Euidences here with be recorded with that her will. Edwd Rawson Recordr

    . . . true Copie . . . Edw. Rawson Recordr

    At this point William Hollowell began proceedings to get the property away from Butler, his wife’s half-brother, alleging in a petition to the General Court in April, 1668 (S. F. 1911.14), that “according to the law of God” (Numbers xxvii: 7–11) and “the law of our Nation” he and his should inherit the Ward estate; that Mrs. Ward had no power to dispose of her husband’s estate out of his line. The General Court at that time (1668) refused him redress; then years later this suit was started.

    S. F. 1911.11

    Stephen Butlers Reasons of Appeale from the verdict of the Jury and Judgemt of the County Court held at Boston. 29th July anno Domi 1679 @

    Humbly tendred to this Honoble Court of Assistants sitting in Boston the 2d September 1679 in that Action, wherein Wm Holowell junior Benjo Holowell and Edward Ashley were plaints and Stephen Butler Defendt

    That whereas the Appellant was Sued for witholding an Estate from the Defendt under pretence of Executorship to his mother the late Mary Ward will and to give an Accot into the Court according to the Inventory given in by the Appellants mother in the year. 1666.

    1st Because the Appellant possesseth no Estate but as a Legatee as appeareth by will.

    2ly. Whereas hee is Sued for an accott of his Father in law Wards Estate given in by Inventory by his late mother and committed wholy to her dispose by the then Honord County Court that had the legall power so to dispose thereof, which act no way concerns him and therefore not liable to give an Accot of that Inventory which came to nine hundred and Forty pounds and there was due out of that Estate Eighty two pounds Fifteen Shillings and Seven pence as appeares by that Inventory whereas the Estate of Mary Ward the Relict widdow of of the sd Benjo Ward after her decease was given into the Court; it came to but Seven hundred Seventy & two pounds Seven Shillings & eight pence for there was losses in parts of severall vessells before her decease and there was due from the Estate upon her Inventory given in Forty Six pounds and ten Shillings besides the Appealant had disburst for physick for his Mother and debts due from his Father in law’s Estate and Legacies given by his Mother and funerall charges. and other necessary disburstmts Forty five pounds five Shillings and Six pence, all which hath been given in an accot though nothing as yet paid by the now Defendts.

    3ly. The Mother of the Appellant and wife of the said Ward brought a considerable Estate to him wch was the appellts own Father Butlers Estate of which hee had no part (though hee ought to have had) and the Appellts mother by her care & Industry was helpfull in getting part of the sd Estate and yor Appellant lived with and wrought for his Father in law with diligence from his youth untill hee was married as hath been owned by his Father in law Ward and known to many in this Towne without any Satisfaction

    4ly. Because the Appelt posseth what hee now enjoies legally it being granted by the County Court to him who by law onely had the power to take probates &ca and was confirmed by the Genll Court and divided by a Committee chosen by the County Court; and that confirmed also by the Genll Court and the Appellt recd his part and his Brother Holowell recd the other parts for his Children (hee being then appointed Guardian to his daughter &ca

    5ly. The Appellt hath enjoyed that part of the Estate laid out to him by the sd Committee peaceably above eleven years and hath disposed of some part of it since it was in his possession and hath laid out above two hundred pounds in building repairing & wharfeing upon the sd Lands to the great advancement of the sd Estate alwayes accounting it his own inheritance as by law it is if our laws bee laws.

    6ly. It was the Appellts Father in laws minde that the Appellt should have an equall Interest in his Estate with his Brother Holowells Children as appeares by the testimony of Mary Busbey Henry Allin and Richard Gridley & gave his Reasons for it.

    7ly. Because the Appellt understands not how a Jury can overturn an act of a County Court the same act being confirmed by the Genll Court without some strong and new Evidences appearing in like manner to both Courts, but the now Defendts have produced none but what was then produced both before the County Court & Genll Court.

    8ly. The Appellt conceives that the testimony of William Greenough mentions onely some transient expressions of his Father in law, and some words that past from him and not any legall dispose of his Estate And as for the testimony of Thomas Moore given into ye last County Court; It is contrary or far besides his former Oath, in his last testimony hee sweares that Goodman Ward said that hee intended to leaue his whole Estate to his Son Holowells Children which is but a single witness, and that to an hearesay, and this was his sd intention (but not a legall disposing of his Estate, and in Thomas Moore testimony taken about ten yeares since hee there saith that Goodman Ward said that hee did intend to give the greatest part of his Estate to his Son Holowells Children & so his testimonys are contrary the one to the other or at least so far different one from the other [torn] renders them no evidence in law, And so the Appellt doth commit & commend his case to the Judgemt and determination of this Honoble Court & Gentn of the Jury, hopeing they will see just cause & good reason to reverse the Judgement of the former Court and am

    Yor Honors most humble Servant

    Steven Butler

    These Reasons were received

    28o augo 1679 per I: Addington C

    The Court of Assistants (Records, i. 140), confirmed the former judgment “in part, that is to say the moyety” of the estate, or 400l in money, and 56s 10d costs. From this decision, Butler appealed to the General Court (S. F. 1911.15):

    To the Honord Governor & Deputy Governor with the Honorble Assistants & Worthy Deputys, members of the Generall Court now Assembled in Boston .15. (8). 79.

    The humble petition of Stephen Butler most humbly Sheweth that whereas yor poor peticioner was cast in a case at the last Court of Assistants upon an Appeale from the Judgement of the last County Court holden in Boston upon the .29th July .1679. whereby yor peticion[r] doth apprehend himselfe much wronged, for by that Judgement your petitioner hath lost most part of his Estate being to the value of Six or Seven hundred pounds besides the great charge I have been at in buildings and wharfeing and paying of Legacies out of the sd Estate that I have been possessed of above these eleven yeares, which Estate was given me by my Fathers and also of my Mothers will & confirmed unto me by acts of the County Court & Generall Court and now disposessed of my Estate by the acts of the two last Courts to my utter undoing unless I finde releife from yor Honors — The humble Request of your poore petitionr, therefore is that my case may have a full hearing in this Generall Court, that the oppressed may be eased, and to obtain his just Rights, and yor Favour & clemency to yor poor petitionr in granting his Request shall ever oblige him to pray for yor poor peticoner in granting his Request shall ever oblige him to pray for yor Honors prosperity. & Remain

    yor Honors Servant

    Stephen Butler

    The General Court (Records of Massachusetts Bay Colony, v. 251) on 15 October, 1679, granted a hearing of the case, after which it took the following action:

    On a full hearing of the case brought by petition from Steven Butler, plaintiffe, against Willjam Hollowell, Benjamin Hollowel, and Edward Ashley, deffendts, this Court judgeth it meete to reuerse the judgment of the last Court of Assistants, and doe conflrme the setlement of the County Court in Boston enstating the cleare halfe of the estate of the late Benjamin & Mary Ward, as therein is exprest, to be deliuered vnto the sajd Butler, and be to him & his heires foreuer, granting the sajd Butler his costs, & of the Court of Assistants, ten pounds.

    Even after this, Butler was not left in peace. On 27 July, 1680, the jury of the County Court gave a verdict against him on the old claim of the Holowells that he had withheld the Ward estate from them (Records of the Court of Assistants, i. 380). Butler then appealed to the Court of Assistants, sitting in September, 1680. In his Reasons of Appeal (S. F. 1911.10), besides asserting that the case was finally decided by the prior proceedings in the General Court, Butler points out the dangers lurking in the Holowell contention that Massachusetts inheritance law should be determined by the Book of Numbers:

    For if that Law should take place for our Wrights heare in New England then in ye 50: yeare wch is ye Jubell: that all Lands Disposed of by their predicessors must then sertainly Returne to their Heires: so yt not only Diuers Purchisers will Lowse their Just Intrusts: but allso great peart[e] of many plantashons must Doutless fall backe Againe to their heires whose Fathers soulde their Rights & titells.

    The Court of Assistants, however, confirmed the judgment of the lower court, and imposed 6l 6s costs on Butler. The record of the appeal is to be found in the Records of the Court of Assistants, i. 380, followed by the subsequent executions and returns.]

    Ashley conta Thomas

    Edward Ashley plaint. conta Rice Thomas Defendt in an action of debt of ten pounds in money due by booke with damages &c. . . . The Iury . . . found for the Defendt costs of Court.

    Lynde conta Phippeny

    Simon Lynde of Boston Mercht plaint. conta Robert Haughton and Sarah Phippeny Widdow or either of them Defendts in an action of the case for not paying unto the plaint. the Summe of Forty nine pounds eight Shillings in money due unto him the. 4th day of April. 1678. according to a writing or ingagemt under their hands and Seales dated. 3d April. 1676. whereby they are jointly & severally bound for the payment of the abovesd Summe with damages &ca . . . The Iury . . . found for the plaint. Forty nine pound eight Shillings money according to engagemt & costs of Court: The Defendt Phippeny appealed from this Iudgement unto the next Court of Assistants and put in Security for prosecution thereof to effect: Afterwards both partys appeared in Court and declared they had agreed, Requesting the Appeale might bee withdrawn, which was accordingly granted.

    Crowne conta Paine

    Colonel Wm Crowne plaint. conta the goods Estate late belonging unto mr Iohn Paine deced as Assets in the hands of Richard Knight Admr or wheresoever else they may bee found Defendt This Action was dismis’t, There being a Committee appoinf by the Court to take in the claims of the Creditors as an insolvant Estate, and no sute Admittd likewise the plaint. asserting that no person obstructed his taking possession of the Estate hee Sueth for.

    Long conta Leichfeild

    Thomas Long of Hartford plaint. conta Thomas Leichfeild and Mary his wife (late Mary Long) Admrs of the Estate left by Ioseph Long sometime of Dorchester deced Defendt in an action of Reveiw of a case tryed at a County Court held at Boston. 29o Iuly. 1673. between the sd Thomas Long by his Attournys plaint. and Ioseph Long Defendt for witholding and improving a parcel of Land containing ten or twelve Acres lying in the great Lotts in Dorchester within pale &ca according to Attachmt. . . . The Iury . . . found for the Defendt costs of Court.

    Waldron conta Henderson

    Isaac Waldron plaint. conta Wm Henderson Defendt in an action of reveiw of a case tryed at a County Court held in Boston. 30th April. 1678. and from thence carried by Appeale unto the Court of Assistants in September following for non payment of one hundred and Fifty pounds in money or what shall appeare due by promiss and engagement under the sd Hendersons hand and Seale &ca according to attachmt. . . . [592] The Iury . . . found for the Defendt costs of Court.

    [See cases of the same name, above, pp. 903, 924.]

    Man conta Wing

    Iohn Man plaint. conta Iohn Wing Defendt in an action of debt of nine pounds one Shilling and six pence in money Remaining due upon the ballance of Accompt as shalbee made appear with other due damages &c. . . . The Jury brought in a Special Verdict. Vizt if the testimony of one man to an Accot which hee hath received from another under his hand, the Defendt not denying it bee a sufficient testimony to the proving of a debt then wee finde for the plaint. Eight pounds in money and costs of Court, if not wee finde for the Defendt costs of Court. The Magistrates Iudge for the plaint. Eight pounds in money and costs of Court granted twenty one Shillings.

    Execution issued 13. Augo 1679.

    Keen conta Wiswall

    Iohn Keen plaint. conta Iohn Wiswall Iunior Defendt in an action of the case for defameing and Slaundering the wife of the sd Keen by Saying that the small pox was rife in Boston and that it was said Shee had got the great ones which words hee hath spoken to severall persons and thereby greatly damnified the plaint. in his name credit & Imploy this with all other due damages: . . . The Iury . . . found for the plaint. that the sd Iohn Wiswall pay unto the plaint. Fifty pounds in money, or make an acknowledgemt to the Satisfaction of the Honord Court and pay costs of Court: The Defendt appealed from this Iudgemt unto the next Court of Assistants & put in Security for prosecution thereof to effect.

    Savage conta Hutchinson

    Ephraim Savage who married with Sarah the Relict of and Admx of the Estate of Obadiah Walker deced plaint. conta Captn Elisha Hutchinson who married with Elizabeth Relict & Admx of the Estate of mr John Freake deced Defendt

    The partys mutually agreed in Court to Submit this Action and all other differences between them upon Acco as they stand in the capasitys above mentioned to the determination of the Bench which they accepted of.

    Leech conta Paine eta

    Iohn Leech plaint. conta Moses Paine Senior Daniel Turell Senior and Ionathan Bridgham Administraters to the Estate of Iohn Cleare Iunior of Boston deced Defdts in an action of debt of twelve pounds nineteen Shillings in money due to the plaint. for worke done for him by sd Cleare in finishing his house &ca. . . . The Iury . . . found for the plaint. five pound Fifteen Shillings nine pence money and costs of Court allowd twenty Shillings two pence.

    Simpson conta Salter &ca

    Lo-Ammi Simpson or his lawful Attourny plaint. conta Iabez Salter and Nathanael Addams junr Defendts in an action of the case for not paying unto Elizabeth wife of [593] sd Simpson late Relict of Richard Critchley deced the Summe of ten pounds in money due unto her to the third of november last (according to the order of a County Court held at Boston by adjournmt of the Generall Court: Novembr 23. 1675) being for one year &ca wth damages: . . . The Iury . . . found for the plaint. ten pounds in money and costs of Court allowed Eighteen Shillings and ten pence.

    Execution issued. 6o Augo 1679.

    [Enforcement appears to have been the difficulty in this case, as Salter and Adams had already been adjudged to pay 10l yearly to Elizabeth Simpson (above, p. 641), and Loammi Simpson had gone to law about it in 1677 (p. 791). Salter and Adams had already petitioned the General Court on the subject, but as the following document (S. F. 1774) shows, the two houses could not agree about the case.

    To the honored Governour Deputy Governour Assistants & Deputies now sitting in the Generall Court in Boston begun on the 28th day of May 1679

    The humble petition of Jabez Salter and Nathanael Adams

    Humbly sheweth. That wheras your petitioners marryed the two daughters of Richard Chrichley late of Boston deceased this life in the yeare 1675. intestate. The honored County Court settling his Estate which by Jnventory amounted to three hundred & odde pounds of which the County Court was pleased to give our mother in Law relict of our sd father all the moveable estate & debts to the value of fivety odde pounds to her & her heires for ever & disposed the remainder of the estate to our wives who were all the children then liveing of our sd father. And this remaineing Estate lay in old howseing very much out of repaire with a little Land that turneth to very little Acct yet the honored County Court was pleased to order that your petitionrs should pay out of this inconsiderable Estate besides the moveable estate abouementioned, Ten pounds per Annum in money to our sd mother in Law dureing her naturall life which is as much as the estate is worth by the yeare keepeing it self in good repaire as by the coppy of the sd Courts order will appeare by which order your poor petitionrs doe looke at themselves to be much greived especially considering that if these bad howseing should come to mine (which vndoubtedly they will doe) if not mainetained by considerable expence then your petitionrs will be as far from reaping benefit from our fathers estate that we must worke to pay this ten pounds per yeare to our mother in Law (which they judge in humility) very hard especially considering that she was & is a woman able to get her owne liveing, & brought noe estate with her to our sd father & is also marryed to a lusty man by Trade A shoomaker now resideing at Marblehead. And for your petitrs to maintaine an other mans wife they judge it very hard.

    Therefore your petitrs doe humbly commend this their case to to this honored Court humbly craveing a hearing of their cause & to be releived as far as may stand with equity & justice. And in soe doeing your honrs will much oblidge your petitrs to pray that God will guide & protect you in all your just proceeding &c. & subscribe themselves [Yor honors] humble servants

    Jabez Salter

    Nathanall Adams

    [Endorsed:]

    Jabez Salter & Nath: Adams petition

    Entred & 10s payd May 1679

    Read by the Deputs nothing Donn

    The Magistrates refer the Consideration of this petition to ye County Court for Suffolk to revise their Judgmt & Do therein as the law Directs. our brethren the Deputyes hereto Consenting

    Edwd Rawson Secret

    4 June 1679

    The Deputyes doe not Consent hereto but Judge meete that Jt be heard the next 3d day at 9 of the Clocke & that the Secretary giue Warrents to all persons Concernd to attend at that time the Determination of the Court in ys Case or Honord magists Consenting hereto

    William Torrey Cleric.

    The magists Consent not hereto

    Edwd Rawson Secret

    See Simpson v. Salter, below, p. 1139.]

    Grosvennr conta Hall

    Iohn Grosvenner plaint. conta Richard Hall & Elizabeth Hall his wife late Widdow Relict & sole Executrix of Ino Holbrooke deced Defendt in an action of reveiw of a case formerly tryed at a County Court held at Boston the. 29th of April last, where the sd Elizabeth obtained judgement against the sd Grosvenner for cost of Court which is to his damage with all other due damages: . . . The Iury . . . found for the plaint. the ten hides in controversy or five pounds and costs of Court granted Forty Eight Shillings.

    Grosvenr contra Hall

    Iohn Grosvenner plaint. conta Richard Hall & Elizabeth Hall his wife the Relict & sole Executrix of Iohn Holbrooke decd Deft for witholding a parcel of Leather amounting to the value of one hundred pounds or thereabouts, which Leather was committed to Iohn Holbrooke deced by the plaint. sometime in the year. 1676. to dry and dispose of according to sd Grosvennrs order wch is not done, to his great damage. . . . The Iury . . . found for the plaint. Fifteen pounds twelve Shillings and costs of Court allowd thirty three Shillings and two pence.

    Griggs conta Chock

    William Griggs plaint. conta Peter Chock Defendt in an action of the case for defamation for that the sd Chock hath reported before severall persons that the sd Griggs was drunke and that hee the sd Chock would prove it, which is very much to the plaints damage with other due damages &ca. . . . The Iury . . . found for the plaint. that the sd Chock pay Sixty pounds money to the plaint. or make an acknowledgemt to the Courts Satisfaction and pay costs of Court allowed Forty three Shillings.

    Execucion issued, for costs. 22o augo 1679.

    an acknowledgemt given in to Satisfactn

    [This probably grew out of the following case.]

    Griggs conta Chock

    William Griggs plaint. conta Peter Chock Defendt in an action of the case for that the sd Peter Chock hath forfitd his bond for the Summe of one hundred pounds in money, wch said bond was made by the Exchange of money whereby hee the sd Chock was bound to stand to agree with and fulfill an award given under the hands and Seales of Iabez Salter Edward Lilley and Nathanael Barnes upon [594] The 16th of April last past and wch sd Award the sd Chock hath not fulfilled as shalbee made appear which hath been much to the plaints damage with other due damages &ca. . . . The Iury . . . found for the Defendt costs of Court: The plaint. appealed from this Iudgemt unto the next Court of Assistants and put in security for prosecution thereof to effect.

    [The award in question appears to have been the following (S. F. 1800.4):

    Whereas Peter Chock and William Griggs have drawn up Articles of Agreement bearing date the .8th of Ianr last past as by them the sd Articles may appear, and whereas differences have arisen by and between them the sd Chock and Griggs in and about the fulfilling of the sd Articles, and whereas this .16th of April. 1679. the sd Chock and Griggs have by the Exchange of a Shilling interchangeably each with other bound themselves under the penalty of One hundred pounds in money each to other to stand to the Award and Arbitration of Jabez Salter Edward Lilley & Nathaniel Barnes and to agree with and fulfill the said Award being given under their hands and Seales:

    Wee therefore the Arbitrators and Umpire do award & Arbitrate as followeth. That Wm Griggs shall forthwith go with Marshall Webb, and shall exonerate & discharge all goods person mony debts or Estate whatsoever which the sd Griggs hath already Seized or Attached as Peter Chocks goods person mony debts or Estate And that the sd Peter Chock shall do the same in the behalfe of the goods Estate or person of Wm Griggs, and that Peter Chock shall assigne make over and confirme unto Wm Griggs all and every part of that debt or debts whatsoever wch mr Humphry Davie doth owe or is indebted unto the sd Peter Chock and shall fully exonerate and acquit the sd mr Davie of the same And that Wm Griggs shall deliver forthwith unto Peter Chock the one halfe and no more of all Empty Caske which have been emptyed upon Racking cureing or fining of wines whatsoever and also one halfe of all Lees & wines thereon wtsoeur wch have been left of all wines racked cured or fined between them both. And also that Peter Chock shall pay in money unto Wm Griggs Five and Fifty Shillings in money assoon as the former part of this Award is fulfilled and also that Wm Griggs shall pay two thirds of the charge of the house and Peter Chock one third thereof And that Peter Chock and Wm Griggs shall fully and absolutly exonerate acquit and discharge each other their heires Execrs Admrs & Assignes of and from all Actions and causes of Action debt debts Summe and Summes of money Accompts Articles of Agreemt whatsoever especially those Articles bearing date the .8th of Ianr last past wt soeur from the begining of the world to this day and shall Seale and deliver the same each to other. And that this Award and every part thereof bee fully compleate and finished on or before the four and twentieth day of this month. Witness our hands and Seales this. 16th April. 1679.

    Jabez Salter a Seale

    Edward Lillie a Seale

    Nat: Barnes a Seale

    Owned in Court by Edwd Lillie and Nath: Barnes. 30th July. 1679. to bee their Award, and Chock acknowledged themselves so bound as above is expres’t

    J: Addington Cler.

    Vera Copia . . . Jsa Addington Cler.

    There are a number of depositions on file, all to the same tenor as the following (S. F. 1800.15):

    The Deposition of Nathaniel Peirse aged .28. yeares or thereabout testifieth. that I this deponent sometime in the latter part of April last being at the house of Nathaniel Barnes there being present William Griggs and Peter Chock and there sd William Griggs did desire me to take notice that hee did tender and would deliver unto Chock his part of Lees and empty Caske which was I understood for the fulfilling of an Award of Arbitration between them, but Chock refused Saying there was not his whole part; but William Griggs told him sd Chock that his part was set aside for him and that none of it was diminished, and that hee could if need take his Oath to it whereat Peter Chock seemed to bee prittey well Satisfied and further Saith not. Sworn in Court .30. July. 1679.

    Vera Copia Attestr Jsa Addington Cler

    Griggs issued a Reasons of Appeal (S. F. 1800.5) and Chock an Answer (S. F. 1800.6), of which the following paragraph is the only one that is comprehensible to the editor:

    And J humbly Conceue as yr honors will finde yt Jt had been more Just for me ye defendt to haue prosecuted griggs: for detaining from & nott deleue[rin]g to me my Empty Cask & Leas of wine or wine tharon yt is fuley Expresed Jn ye Award he shuld dwo & speeds Testemoney cleare yt J demanded butt when J came J culd have none wethout J vld take about 10 gall for about a pipe full yt was betwext vs being ye produce of about 40 pipes wine orderd & racked for mr daue besides ye quantey of royall yt J had of malego wine & Leas of mr peter Sargent yt griges still keepeth from me & has sence sould part of, yt has bin much to yr Defends wrong & damedg Jn detayning yt from him yt Jn his way he mite haue Advanced upon, which to Avoide Contenshon your defendt did for bare suing for And yett am willing to sett all things torites betwene orselfes he paying for ye vnnesesary Cost trubell & Charge he has put me two J desire ye honoerd Excuse for Jnlarging apon this point. . . .

    The Court of Assistants (Records, i. 140) confirmed the former judgment and assessed 20s 6d costs on Griggs.]

    Kinsley conta Hayden

    John Kinsley late Constable of Milton in part of the year 1675. and part of the year. 1676. plaint. conta Ebenezar Hayden Defendt for witholding the Summe of two pounds eleven Shillings and five pence being so much hee was Assessed by the Selectmen of Milton to pay to severall rates to the Country in the time of the sd Kinsleys being Constable for which hee had warrant to collect and Levy of the sd Hayden, which Summe was distreined by the sd Constable in Corn but replevied by the sd Hayden upon which Replevyn hee was cast but hath not returned the Corn nor value thereof whereof the plaint. is damnified the value abovesd. . . . The Jury . . . found for the plaint. two pounds eleven Shillings five pence and costs of Court allowd thirty five Shillings eight pence.

    Deane conta Woodbridge &ca

    Peter Sergeant and Paul Dudley Attournies of Thomas Deane Mercht plaints conta Thomas Woodbridge of Newberry and Nicholas Paige of Boston them or either of them Defendts in an action of debt of One thousand pounds currant money of New-England due upon the Forfiture of an Obligacion under their hands and Seales bearing date. 2d Iune. 1677. wherein they stand jointly and severally bound for payment of the Summe aforesd with damages: . . . The Jury . . . found for the plaint. Forfiture of the bond One thousand pounds money and costs of Court At Request of the Defendts and having heard both partys The Court chancered this Forfiture to Five hundred twenty Six pounds thirteen shillings and four pence in money (being the principall debt and damage) and costs of Court

    mr Peter Sergeant and mr Paul Dudley Attournys of mr Tho: Deane personally appearing in ye office. 6o may. 1681. acknowledged they had recd Security for Satisfaction of this Judgemt from mr Nicho Paige by a mortgage of houseing and Lands in Boston

    Jsa Addington Clrc

    Deane conta Hilman

    Peter Sergant and Paul Dudley Attournies of Thomas Deane mercht plaints conta Iosia Hilman Defendt The plaints withdrew their Action.

    Matson conta Beale

    Thomas Matson and Ioshua Matson Surviving Executers of the last will of Tho: Matson deced plaints conta William Beale who married with Elizabeth Iackson Relict & Executrix of Edmund Iackson Defendt in an action of the case to the value of ten pounds in money or thereabout with damages: . . . The Jury . . . found for the plaints ten pounds in money & costs of Court allowd Forty three Shillings and four pence.

    Execucion issued 5o augo 79.   [595]

    Loverin &ca conta Moore

    William Loverin and Thomas Gent plaints conta Iohn Moore Defendt in an action of the case for witholding the Summe of Five pounds ten Shillings in money due from the sd Moore for two thirds of the Freight of Ninety four tons of Salt brought from onboard the Ship Indeavour Samuel Smith Commandr and for the two thirds of the Freight of one Boate load of Ballast carried onboard sd Ship which the sd Moore promised payment of with damages. . . . The Iury . . . found for the plaints three pounds two Shillings six pence in money and costs of Court allowd thirty five Shillings two pence.

    Barnes conta Chock

    Nathanael Barnes plaint. conta Peter Chock Defendt for witholding the Summe of twenty and four pounds twelve Shillings six pence due to the sd Barnes as shalbee made appear with damages: . . . The Jury . . . found for the plaint. thirteen pounds ten Shillings six pence in money and costs of Court allowd Forty two Shillings five pence.

    Execution issued pro Augo 1679.

    Frankes conta Rock &ca

    Sarah Frankes Widdow or her lawfull Attourny plaint. conta Ioseph Elyot Joseph Rock and Timothy Yeales them or either of them Defendts in an action of debt of one hundred & twenty pounds lawfull money of New-England due upon the Forfiture of a bond or Obligation under their hands and Seales bearing date 7th of May. 1678. wherein they stand jointly and severally bound for the payment of sd Summe this with all due damages: . . . The Iury . . . found for the plaint. Forfiture of the bond one hundred & twenty pounds money and costs of Court. Upon Request of the Defendt and hearing of both partys The Court chancered this Forfiture to thirty Seven pounds money and costs of Court mr Rock makeing good his promiss about the Brewing Vessells and mrs Frankes produceing a receipt from the Collector for the Forty Shillings said to bee paid for excise: The Defendt Rock appealed from this judgemt unto the next Court of Assistants and gave Security for prosecutn thereof to effect.

    [The first document in this case is the agreement of the defendants about taking over the widow Frankes’ brewing industry (S. F. 1965.8).

    The inventory of the plant follows.

    know all men by these pursents that wee Ioseph Eliott Ioseph Rock and Timothy Yeales all of Boston in New-England are firmly bound and obliged unto Sarah Frankes of sd Boston Widdow in the full Summe of one hundred & twenty pounds To bee paid unto the sd Sarah Frankes her heires Execrs Admrs or Assignes in lawfull money of New-England To the which payment well and truly to bee made we do binde our selves our heires exects admrs and every of them jointly and severally for the whole and in the whole firmly by these pursents. Sealed with our Seales. Dated in Boston the Seventh day of May Anno Domi 1678. And in the .30th year of his Majties Reign.

    The Condicion of this Obligacion is such that whereas the abovenamed Sarah Frankes hath rented and Farmed out unto the abovebound Ioseph Elliot for the term of one year next following the 30th day of April last past all her brewing Vessells and the benefit of her licence granted by the County Court of Suffolke for keeping a house of publique entertainmt and retailing of beer & Cider for this pursent year. now in case the abovebound Ioseph Elliot shall well and truly pay or cause to bee paid unto the abovenamed Sarah Frankes her heires Execrs Admrs or Assignes at her dwelling house in Boston abovesd the full Summe of Forty pounds in lawfull money of New-England within the space of one year next insuing the date hereof (that is to Say) Ten pounds of sd Summe at the end of each quarter of the year, and shall also well and truly pay the Rates and Imposts that shall grow due unto the Country according to Law for his draught of beer Cider or Ale by virtue of sd Licence, and all fines penalties or forfitures that may bee inflicted or imposed by Authority for any transgression of sd Licence or non observance of the Laws, and all other dues and charges whatsoever ariseing and growing due for or by reason of the keeping of sd publique house, then this Obligacion to bee void otherwise to abide and remaine in full force.

    Signum

    Joseph Eliott. a Seale

    Joseph Rock, a Seale

    Timothy Yeales. a Seale

    Signed Sealed & Deliurd in pursence of

    Simeon Stoddard

    Jsa Addington

    Ownd in Court 30. July 1679. by mr Rock attests Jsa Addington Cler.

    Vera Copia Attestr Jsa Addington Cler

    S. F. 1965.9

    An Jnventory of sundry Brewing Vessells and household Stuffe belonging to Sarah Frankes widow wch were delivered by mr Simeon Stoddard to Joseph Eliott of Boston in the behalfe of sd Sarah Frankes the tenth day of May. 1678. or thereabouts to bee again at the end and term of one yeare from thence next insuing redelivered to sd Sarah Frankes or her Assignes in as good order and condicion as the sd Eliott then recd them

        £ s d

    Jmprs

    16. Beer barrells at 2s per bb

    1:12:00

     

    .6. Baggs at 2s

    0:12:00

     

    .1. copper ready hung and fix’t

    12:00:—

     

    .1. mashtubb

    1:10:—

     

    .2. great Coolers

    1:10:—

     

    .4. troughs

    0:18:—

     

    .4. tubbs

    0:06:—

     

    .6. Trayes

    0:06:—

     

    .2. Brewing tooles and one paile

    0:04:—

     

    .1. piggin and .1. halfe bushell

    0:03:—

     

    .1. large Fatt

    3:10:—

     

    .12. quart potts and .1. pint pot

    2:08:—

     

    .1. great Funnell with a brass Snoutt

    0:05:—

     

    one Bedsteed one Bed one Bolster, one Rugg one blankett, one table and one matt in the great Chamber

    2:07:—

     

    one Bedsteed one Bed two bolsters one Rugg and one blankett

    1:10:—

     

    one Table and one Forme

    0:03:—

     

    two Tables and two Formes

    1:10:—

     

    two Chamber potts

    0:05:—

     

    one paire tongs and a Slyce

    0:03:—

     

    three candlesticks and .1. gill pot

    0:02:06

       

    £.31:04:06

    Simeon Stoddard and Jno Viall Junr made Oath in Court. 28o Januro 1680. of the delivery of the above mentioned goods to Joseph Eliott at the prizes Specified

    J: Addington Clre

    The following deposition (S. F. 1965.15) is one of many on file that testify to the “dissatisfactory” quality of the beer brewed by Messrs. Eliot, Yale, and Rocks, which led to their abandoning both the business and the brewing vessels:

    The Deposition of Richd Collacot aged Seventy five yeares or thereabout testifieth and Saith that hee the sd depont being appointed a Tythingman for the North end of Boston and mrs Frankes having let her licence for retailing of beer and Cider to one Ioseph Elyot, the same was disatisfactory to sundry persons of the Neighbourhood, but in a short time the sd Elyot ran away, and then sd Licence &c was assigned (as wee understood) by mr Rock to one Smith, which was greater occasion of trouble and disatisfaction, upon which complaint was made to the Honble County Court by the Tythingmen, who ordered the Signe to bee pulled down, and the sd Smith to pay as a fine five pounds and the sd Deponent being chosen to bee a Grandjury man, himselfe with sundry others of the Grandjury moved to the Honord Court whither they that kep’t houses for publique entertainmt by Assignemt of Licences were not presentable as being contrary to Law and the sd Honble Court then gave their Judgemt on ye Affirmative and accordingly they were presented and further Saith not.

    Sworn in Court .30. July. 1679.

    attests Js: Addington Cler.

    Vera Copia Attestr Jsa Addington Cler

    Joseph Rock’s petition, upon which the bond was chancered, follows (S. F. 1965.7):

    To the Honord County Court now sitting in Boston July: 29th 1679.

    Joseph Rock his petition and Request for the Chancery of his Bond given to mrs Frankes.

    Wherein hee cannot but own & acknowledge his great rashness & inconsiderateness in becomming bound for such a loose person as Eliott, and so much a Stranger to him, Neither can hee but take notice of mrs Frankes great ingratitude to the Town and Court the granters of her Licence in assigneing of the same to such an one as neither Court nor Town would approve of and by which meanes principally I am drawn into such a Snare: Now hee humbly intreats yor Honors to consider that his Obligation is for one hundred and twenty pounds, and in the condition of the Obligacion there is some brewing Vessels and other Lumber that are to bee returned or made good to mrs Frankes; now mr Simeon Stoddard in behalfe of mrs Frankes hath received the greatest part of these things & my engagement to make all the rest good, So that there is onely Forty pounds which was to bee paid for the Licence, of which Five pound is already paid as is fully made appear mrs Frankes did assigne this Licence for one whole year, and the same power that granted the Licence to mrs Frankes tooke it away from her Assignee before one whole halfe year was expired, and at another Court as I remember declared all persons that Sold drinke by Virtue of the Assignemt of a Licence were presentable as Law breakers and accordingly were presented So that there cannot bee due to mrs Frankes by the abovesd bond above ten or Fifteen pounds at the most.

    Yor petitionr therefore humbly intreats the favour of yor Honors to consider the purmisses and to Chancery his bond to such a Summe as yor Honors in justice and Equity see meet, considering that what hee is Iudged to pay wilbee wholy in his own wrong hee never being like to have the value of two pence repaid again. So shall hee ever pray. &ca

    Still unsatisfied after the chancering, Rock appealed, his lengthy reasons (S. F. 1965.5) containing principally complaints against the looseness of his partner Eliot and the grasping nature of the widow Frankes, to which the widow’s attorney replied (S. F. 1965.6) with a disparagement of “mr Rockes frivulous Assertions.”

    The Court of Assistants (Records, i. 142) confirmed the judgment of the County Court, with 37s 8d costs. But Rock began another action in the session of January, 1680/81, which had the same result, both before the County Court (S. F. 1965.2 and 25900), and upon appeal (Records of the Court of Assistants, i. 180–81).]

    Dewer conta Neale

    Thomas Dewer plaint. conta Andrew Neale Defendt The plaint. withdrew his Action.

    Bridgham conta Paine &ca

    Ionathan Bridgham plaint. conta Moses Paine Senr Daniel Turell Senr as Admra to the Estate of Iohn Clear Iunior late of Boston deced Defendt in an action of debt of Eighty nine pounds money due to him from the Estate of sd Iohn Clear for the Forfiture of a bond datd 5. Febr 1677. with damages &ca. . . . The Iury . . . found for the plaint. Forfiture of the bond Eighty nine pounds money and costs of Court: Vpon Request of the plaint. hee craving onely his principall: The Court chancered this Forfiture to Forty three pounds thirteen Shillings in money & costs of Court allowd thirty Shillings six pence.

    Execution issued. 6. Augo 1679.   [596]

    Craddock conta Balston

    Thomas Craddock plaint. conta Iohn Balston Defendt in an action of the case for refuseing to pay to the plaint. Seven pound money due unto him for wages for Service done by him in the Ship Adventure whereof sd Balston was mar from London to Boston in New-England the plaint. being Shipped by him. 22th February last or thereabouts and continued the Voyage to this place untill the time of her delivery here as shalbee made appeare. . . . The Iury . . . found for the plaint. Seven pounds in money and costs of Court allowd twenty one Shillings two pence

    Execution issued 5. augo 1679.

    Gutteridge conta Sexton

    Robert Gutteridge plaint. conta Thomas Sexton master of the Ship Indeavour Defendt according to Attachmt The plaint. was nonsuted in failure of his process mistakeing the Ship’s name, putting Indeavour for Elizabeth

    Foy conta Cleare

    Iohn Foy plaint. conta lane Cleare Widdow Defendt in an action of the case for not delivering up unto the plaint. the dwelling house &ca that Richard Cleare formerly dwe’t in which is the plaints according to the order of the County Court held in Boston by Adjournmt 6th February. 1678. whereby the plaint. is damnified the Summe of one hundred and thirty pounds money or thereabouts. . . . The Iury . . . found for the plaint. possession of the house Sued for and costs of Court allowed Fifty five Shillings.

    Execution issued 2d augo 1679.

    Lamb conta Williams

    Joshua Lamb heir to part of the Estate of Iohn Alcock physitian deced in right of mary his wife daughter & Execx to the sd Iohn Alcock and also as Attourny to Benjn Walker in right of George Alcock deced Iohn Alcock, Zechariah Whitman in right of Sarah his wife Ephraim Hunt in right of Ioannah his wife and Captn Iohn Hull Guardian to Palsgrave Alcock & Elizabeth Alcock Children and heires to the sd Iohn Alcock deced plaint. conta Iohn Williams of Boston sometime Attourny to Iohn Greene Agent or as one that was appointed by the Hond County Court of Boston for the managemt of the Estate of the sd Iohn Alcock in behalfe of the Children heires & Execrs of the sd Iohn Alcock Defendt for that the sd Iohn Williams refuseth or neglecteth to give a true and just Accompt unto the sd Ioshua Lamb Attourny as aforesd of all and singular the debts profits and produce of all or any the Lands & Estate of the sd heires committed to the care and custody of him the sd Iohn Williams by the sd Greene for the uses aforesd lying and being upon Block Island and Road Jsland in New-England and parts adjacent due from any person or persons there resideing and for refuseing to return and pay the effects thereof received by him the sd Williams to the sd Lamb for the use of the heires aforesd whereby they are damnified more then two hundred and Fifty pounds in money. . . . The Jury . . . found for the plaint. that the Defendt give unto the plaint. a just and true Accot of the Estate committed to him by mr Ino Greene for the use of the heires and Children of mr Iohn Alcock with the effects recd by the Defendt to the plaint. by the first of October next or pay unto him Six hundred pounds in money & costs of Court.   [597]

    Gilbert conta Payson

    William Gilbert plaint. on appeale from the Judgemt of the Worppll Joseph Dudley Esqr conta Samuel Payson Defendt The Judgemt Reasons of Appeale and Evidences in the case produced being read and committed to the Jury which are on file: The Jury . . . found for the Defendt confirmation of the former Judgemt and adde Eight Shillings money damage and costs of Courts.

    Addams conta Jay &ca

    Jonathan Addams plaint. conta Joseph Jay and Nathanael Beale or either of them Defendts in an action of the case for non performance of their bargain which was to give a legall title and assurance of a parcel of Land at the North end of Boston sold by pursent Defendts unto the plaintife and ten pounds mony money recd in part of payment; which they detain and refuse to give title for ye Land &ca wth damages: . . . The Jury . . . found for the Defendt costs of Court allowd Eighteen Shillings eight pence.

    Giffard conta Walter

    John Giffard plaint. conta Thomas Walter Defendt The plaint. was nonsutd in failure of process not rightly denominating the Defendt and costs grantd ye Defendt Four Shillings six pence.

    Executn issued. 10th Novr 1679.

    Byfeild conta Wallis

    Nathanael Byfeild Executor of Capt Thomas Clarke deced plaint. conta Nathaniel Wallis Defendt in action of debt to value of about two and twenty pounds four Shillings due by booke with damages. . . . The Jury . . . found for the plaint. two and twenty pounds four Shillings money & costs of Court allowd thirty one Shillings two pence.

    Execution issued. 5o augo 1679.

    Dafforne conta Keen

    John Dafforne Attourny to Iames Matthews of New-yorke plaint. conta John Keen Defendt in an action of the case for not paying the Quantity of 1051 Gilders 10 Stivers wampum or the value of £:26.5:9. or thereabouts in money due to sd Matthews upon Account with due Interest and damages &ca . . . The Jury . . . found for the plaint. twenty Six pounds five Shillings nine pence in money and costs of Court allowd thirty three Shillings.

    Execution issued pro Octobr 1679.

    [See Keen v. Matthews, below, p. 1078.]

    Holowell conta Saxton

    William Holowell plaint. conta Thomas Saxton junr mar of the Ship Elizabeth Defendt in an action of the case for not paying the Summe of thirty Six pounds or thereabouts in money due to the plaint. for Stuffe used and worke done upon the sd Ship by the plaint. and his Jmploiers by order of the sd Saxton in the year 1678. with damages: . . . The Jury . . . found for the plaint. Eighteen pounds Six Shillings six pence money and costs of Court allowd Sixteen Shillings and ten pence.   [598]

    Hull conta Maryon &ca

    Captn John Hull plaint. conta Iohn Maryon Senior and Samuel Sewall Administrators to the Estate of Thomas Batt Tanner late of Boston deced Defendts in an action of the case for non payment of Fifty pounds in money due to the plaint. as shalbee made to appeare with damages: . . . The Jury . . . found for the plaint. Forfiture of the bond One hundred and Six pounds money and costs of Court. At Request of the partys The Court chancered this Forfiture to Sixty five pounds Six Shillings money and costs of Court allowd twenty Eight Shillings.

    Execution issued 4o Augo 1679.

    Silley conta Thayer

    Thomas Silley plaint. conta Zachariah Thayer Defendt in an action of the case for non payment of thirty pounds money due by bond. datd 19th February. 1678. wth damages. . . . The Jury . . . found for the plaint. thirty pounds money and costs of Court. Vpon request of the Defendt and hearing of both partys The Court chancered this Forfiture to Six pounds twelve Shillings six pence in money being in full of the condition (the plaint. owening the receipt of nine pounds) and costs of Court.

    Legg conta Orris

    Samuel Legg plaint. conta Experience Orris Defendt in an action of the case for not paying the Summe of three pounds eleven Shillings four pence money due upon the balla of Accot as shall appeare by bill under the hand of sd Orris datd 15o Ianuaro 1678. wth damages: . . . The Jury . . . found for the plaint. three pounds eleven Shillings four pence money and costs of Court allowd two and twenty Shillings six pence.

    Execution issued 11o Augo 1679.

    Legg conta Flood

    Samuel Legg plaint. conta Iames Flood Defendt in an action of reveiw of a case tried at the County Court held at Boston in October. 1677. where the sd Flood obtained Judgemt agt the sd Legg for about Seven pounds in money and costs of Court from which Judgemt the sd Flood appealed to the Court of Assists in march. 1677/8. where hee obtained a Verdict for the addition of the Summe of about nine pounds in money including costs of Courts wch is to the plaints damage about Sixteen pounds in money &ca. . . . The Jury . . . found for the Defendt costs of Court: The plaint. appealed from this Judgemt unto the next Court of Assistants and put in security for prosecution thereof to Effect.

    [The review of an action to recover seamen’s wages which had already been decided in favor of Flood at the October session, 1677 (see above, p. 858), and the judgment sustained (with augmented damages and costs) by the Court of Assistants (Records, i. 110).

    S. F. 1789.5

    Nathll Williams Sworn Saith that sometime after the case between Iames Flood and mr Samll Legg was heard and determined in the Court of Assistants wherein an addition of about Seven or eight pounds was given by the Iury unto the sd Flood, this Deponent discourseing with some of the Iury how they came to finde so much agt Legg Answer by some of the Jury was made that they had Spent a great deale of time about that Action, yet at first had brought it within a Shill or thereabouts to the County Courts Judgemt but some of the Iury living in the Country stood out agt it so they found an addition as aforesd wch was to the admiration of the Deponent who was then sd Leggs Attourny and farther Saith not.

    Sworn in Court pro Augo 1679.

    attests J. Addington Cler.

    Legg’s Reasons of Appeal (S. F. 1789.3) rehearse the points made in his appeal from the earlier judgment (above, p. 859), and add a new one:

    3dly: Becauss the defendt hath Bin allowed tenn Daies pay when wee lay att the Castle imbargoed By the Athoryty of: this place and nothing Better known then yt dureing restraint of princes & powers Ships and men are outt of pay and yt Jmbargoe was made By the Councle for the prevention of the distemper of the Smal pox Some persons haueing had itt in our Shipp coming from London Thes Things Being Duely Considered the plentiffe: Conceiues yt itt will Evidenly appear To the Hond Court & Jurry yt thare is one months pay To be Repaid to the Appellant By the Defendt: wich is proued; Flood: promising to allow vppon the Shipps goeing for London wich is three pound, fiue Shillings and for fiften dayes Being outt of pay att London wich is thirty two Shillings & Six pence & his halfe pay while in the Biuer of Theams wich is fower pounds one Shilling & three pence & for tenn Dayes lying at ye Castle vnder imbargoe wich is twenty one Shilling & Eight pence &: that this Court & Gentlemen of the Jury will see Just causs to giue Judgmt for the forementioned Summes & So Reverss the former Judgmt & Releiue the Appellant who hath Ben verry much wronged & abussed By the defendant yor Humble Sarvant

    Samll Legg

    These Reasons were recd 28o augo 1679.

    Jsa Addington Cler

    The Court of Assistants (Records, i. 142) reversed the judgment and found 3l 9s 9d damage and costs for Legg.]

    Oliver conta Whaley

    Nathanael Oliver plaint. conta John Whaley Defendt The plaint. withdrew his Action upon a judgemt Acknowledged.   [599]

    MacKarty conta Greenleefe

    Thaddeus Mackarty Attourny to Alwin Childe plaint. conta Enoch Greenleefe Senior Defendt in an action of debt of twenty three pounds twelve Shillings in money due by bill under his hand dated. 5th Febr 1677. wth interest and damages: . . . The Jury . . . found for the plaint. twenty three pounds twelve Shillings money according to bill and costs of Court allowed twenty Eight Shillings.

    Warner conta Franklyn

    John Warner plaint. conta Benjamin Franklyn Defendt in an action of reveiw of a case tried at the County Court held at Boston. 29th Octobr 1678. where Katharin Franklyn as Attourny to Benjamin Franklyn obtained judgemt against the now plaint. for twelve pounds Seven Shillings in money & costs of Court granted twenty Shillings which is to the plaints damage with all other due damages &ca. . . . The Jury . . . found for the Defendt costs of Court. The plaint. appeald from this Judgemt unto the next Court of Assistants &ca

    [See Franklyn v. Warner, above, p. 948. Warner went to sea without paying his board, leaving behind a trunk full of linen, which, according to some accounts, the landlady broke open. The bill follows (S. F. 1809.4):

    John Warner Debter. 1677.

    May. 15.  
     

    li   s

    For dyet and Lodgeing from may .15 to Ianuary .10. day .32. weekes and .3. dayes at: 6s per weeke

    09:15:—

    Septembr  

    21. Jt one barrll of pickled mackrell

    —:18:—

    Jt in Cash Lent

    —:02:—

    Jt paid for John Wampus by Iohn Warners order to Goodman Earll

    —:17:—

    June .5.  

    1678: For .4. weekes dyet

    01:04:—

    Jt one pair of Shoes

    —:06:—

     

    D—13:02:—

    Sworn in Court .29o October .1678. by Benjamin Franklyn to bee a just and true Accot being compard with his booke.

    Jsa Addington Cler.

    The Court of Assistants (Records, i. 144) reversed the Judgment for the following reasons (S. F. 1809.9):

    The Reasons of ye Verdict Jn the Case betwixt Jno Warner & Katherine franklin

    1. 1 Their was noe goods Attached & soe noe foundation for A tryall or Judgmt
    2. 2 The deft was out of ye Country & Judgmt Should not haue bine entred vntill ye next Court but this being entred: See Attachmts Sumonfses] Sect [1]
    3. 3 The deft vndr aige vndr 21 yeares when ye Judgmt Graunted
    4. 4 Noe Suficient proofe of ye Debt — only yt hee did Lodg their wee know not vpon wt Tearmes

    Jn the name of ye Jury Ant Checkley foremn]

    Chock conta Barnes

    Peter Chock plaint. conta Nathaniel Barnes Defendt in an action of debt of thirteen pound one Shilling in money due by booke with damages: . . . The Jury . . . found for the Defendt costs of Court.

    Daniel conta Allison

    Thomas Daniel plaint. conta Iames Allison Defendt in an action of the case for disposeing of a parcel of wines contrary to his order and not delivering them according to bill of Loading wch was done in the year. 1678. by which sd Daniel is damnified £.250: or so much as shalbee made appeare with other due damages; . . . The Jury . . . found for the plaint. two hundred and Fifty pounds in money and costs of Court allowd thirty one Shillings six pence.

    Execution issued 17o October. 1679.

    Bennett conta Bennett

    Elisha Bennet or his Lawfull Attourny plaint. conta John Bennet Defendt This Action by order of Court is continued unto the next Court of this County.

    Beale conta Jay

    Nathaniel Beale of Hingham plaint. conta Jone Jay Widdow Defendt in an action of debt to the value of Five pounds Seventeen Shillings and a penny due to the said Beale in money to ballance an Account made up between them on the. 7th May. 1679. with damages : . . . The Jury . . . found for the plaint five pounds Seventeen Shillings one penny in money & costs of Court allowd twenty six Shillings six pence

    Execution issued. 18o Decembr 79.   [600]

    Coleman conta Atherton

    William Coleman plaint. conta Watching Atherton Defendt The plaint. withdrew his Action.

    Neale to Dewer

    Andrew Neale personally appearing in Court confes’t Judgemt against his Estate and person unto Thomas Dewer for nine pounds nine Shillings to bee paid in money according to bill on file with charges.

    Execution issued 25o augo 1679.

    Snow to Wright

    Samuel Snow personally appearing in Court confessed Judgement against his Estate and person unto Captn William Wright for Five pounds ten Shillings to bee paid in money.

    Execution issued. 3d 7br 1679.

    Gross to Wade

    Clement Gross personally appearing in Court confessed Judgemt against his Estate and person unto mr Jonathan Wade of Jpswich for two and twenty pounds three Shillings six pence to bee paid in money according to bill on file with charges.

    Bosworth &ca Find

    Deacon Nathanll Bozworth of Hull and George Vickery of the same Ioseph Iacob of Hingham and Tho: Berry of Boston were fined twenty Shillings apeice for not attending their Service upon the Jurys according to their Summons.

    Man conta Hews

    John Man plaint. conta James Hews Defendt in an action of the case for witholding from him the sd Man the Summe of Nine pounds and Eleven Shillings in money being so much hee paid unto Major Thomas Savage as hee was Surety together with William Jngraham for the wife of sd Hews for her paying the Rent for two Chambers which Shee hired of sd Savage at five pounds money pr Annum in the year 1675. which Rent the plaint. hath been forced to pay with other incident charges whereby hee is damnified the abovesd Sume with other damages &ca . . . The Jury . . . found for the Defendt costs of Court.

    [This case had a curious sequel, as the following document of 1679/80 (S. F. 1824) shows. See below, p. 1074, for review of the case.

    To the Honrd Govr & Councell, assembled at Boston

    The Petition of Iohn Man in the behalf of James Hughes

    Humbly Sheweth

    Wheras the sd Iames Hughes is become Servant to yor Petr & delivered to him by Execution according to Law, & the sd Hughs hath also testified upon Oath that hee is not worth five pounds, Since wch time Thomas Hill hath by a later Execution secured sd Hughs in Prison, & ther keepeth him, wherby Yor Petr is mu[ch] damaged by want of the Jmprovemt of sd Hughes therby to work him self out of debt, & sd Hughs his family reduced to a very mean & poor Condition, & like to be chargable to the towne if not remedied by yor Honnrs, and also wheras the Said Hill refuseth to pay prison fees,

    Therfore humbly prayeth Your Honnors that Yll please to grant liberty forth of prison for sd Hughs, that so hee may, by work, pay his sd Debts, & provide for his family, yt so the Town may not bee charged with them and your Petr Shal ever pray etc

    Boston Febr 24 1679]

    Shepardson &ca conta Ship Wm & Tho:

    George Shepardson William Garland and John Browne Marrinrs plaints conta Ship William and Thomas of Nevis, Wm Wheeler Commander Defendt in an action of the case for non payment of the Summe of Sixteen pounds four Shillings or there abouts in money due unto them for worke and Service done in sd Ship from the. 24th day of April last to the day of the date hereof. Vizt To George Shepardson £.4:16:0: To Wm Garland £:6: To John Browne £:5:8:0. the detaining of which is to the plaints damage the summe abovesd with damages &ca. . . . The Jury . . . found for the plaints To George Shepardson four pound Sixteen Shillings money To Wm Garland Six pounds money To Jno Browne five pound Eight Shillings [601] money totall Sixteen pounds four Shillings and costs of Court allowed Forty Seven Shillings.

    Execution issued. 5o augo 1679.

    Paine &ca conta Ship Wm and Thomas

    Peter Paine Andrew Dirickson and Richard Horton plaints conta Ship Wm and Thomas of Nevis Wm Wheeler Commander Defendt in an action of the case for non payment of wages due to them for worke done by them on board sd Ship to value of two & twenty pounds three Shillings in money being Shipped by sd Wheeler Peter Paine at one pound Sixteen Shillings per month in money and sd Dirickson at one pound and thirteen Shillings per month in money, and Richard Horton at one pound and ten Shillings per month in money, being Shipped. 11th march last past & still under pay, with damages. . . . The Jury . . . found for the plaints To Peter Paine eight pounds two Shillings in money To Andrew Dirickson Seven pounds Six Shillings money To Richard Horton Six pounds Fifteen Shillings money Totall two and twenty pounds three Shillings and costs of Court allowd Forty Six Shillings

    Execucion issued. 5o augo 1679.

    Vsher &ca conta Saxton

    John Vsher and John Waite Attournies of Major Richard Waldron Admr of the Estate of Nathaniel Elkin deced plaint. conta Thomas Saxton Defendt according to Attachmt The plaints were non Suted upon non appearance.

    Tippen conta Rose

    Bartholmew Tippen Agent of Major Thomas Clarke plaint. conta Roger Rose Defendt upon Replevin: The Replevin & Evidences in the case produced being read and committed to the Jury which are on file, The Jury . . . found for ye plaint. the goods replevied, twenty Shillings money damage & costs of Court.

    Johnson Senta

    Solomon Johnson convictd by his own confession in Court of Stealing thirty Seven yards of Ozenbriggs from John Maryon Senr it being found with him: Sentenced to bee whip’t with ten Stripes and to pay unto John Maryon three pounds fourteen Shillings money being 3ble damages according to Law and fees of Court standing committd &ca

    Savage & Hutchinson’s Reference

    The Court accepts the Reference made to them by mr Ephraim Savage and Captn Elisha Hutchinson of issuing of all differences upon Acco depending between them as they stand related to the Estate of mr Obadiah Walker and mr Iohn Freake deced and do appoint mr Iohn Ioyliffe, mr Iames Whetcombe and mr Iohn Walley a Committee to Audit the Accots between them and to make their report thereof to this Court.

    Whaley to Oliver

    John Whaley appeared in Court and confessed Iudgemt against his Estate and person unto Nathanael Oliver for Fourteen pounds thirteen Shillings and Six pence to bee paid in money according to bill on file with charges. mr Nathanael Oliver appeared in the Office pro Novembr 1679. and acknowledged that hee had recd full Satisfaction of the abovewritten Judgemt

    Jsa Addington Cler.

    Freemen Sworn

    mr Samuel Man of Milton, John Lazell of Hingham, Timothy Stevens, John Ruggles and Iohn Chandler of Roxbury, all tooke the Oath of Freedom. Likewise did mr Paul Dudley and mr Anthony Checkley of Boston. Ebenezar White, John Rogers and Jno Hunt of Waymouth.   [602]

    Order to mr Glovers

    Jn Answer to the petition of mr Thomas Hinckley & Nathanael Glover relating to their Interest in the Farme of mr John Glover sometime of Dorchester deced called Newberry Farme: Jt’s ordered that mr Iohn Glover and mr Pelatiah Glover under whose managemt it appeares, the sd Farme hath been since the decease of their mother do bring in their Accots of what Rents they have reced from the sd Farme and disburstments made thereupon Together with what debts are yet remaining due to bee paid out of the sd Farme unto the next Court of this County that so a finall issue and division bee made thereof.

    Parker Find £5.

    Moses Parker convicted of obsceen carriages drawing out his yard in the pursence of many persons at Roxbury Ordinary, Sentenced to bee whip’t with twenty Stripes or to pay Five pounds in money fine to the County and fees of Court standing committd &ca

    Browne Senta

    Elisabeth Browne of Charlestown convictd of lewd wanton and uncivill carriages Sentenced to bee forthwith severely whip’t with twenty Stripes and then returned to prison there to remain one month and then to bee convayed to Charles town and again severely whip’t with twenty Stripes and to pay Fees of Court and prison standing committd &ca

    Minott Find 10s

    John Minot complained of for riotous carriages and strikeing and wounding of Joseph Skelton, Upon a full hearing of the case and evidences produced The Court Sentencd him to pay ten Shillings money fine to the County, ten Shillings in money to Joseph Skelton with charges of prosecution and fees of Court standing committd &ca

    Order for Haydens releife

    Upon Complaint to this Court of the necessitous condition of Susanna Hayden of Brantery The Court Order the County Treasurer to pay her twenty Shillings and Order the Selectmen of Brantery to make due provision for her and her Husbands reliefe and maintenance for future.

    Henry Harwood principle and Ralph Carter Surety bond of twenty pounds forfitd upon Harwoods non appearance.

    Jordan Find 3s 4d

    John Iordan convictd by his own confession of excessive drinking Sentencd to pay three Shillings four pence money fine to the County charges of witnesses and fees of Court.

    Rice Find £:6.

    Samuel Rice convictd by his own confession in Court of Selling three pints of Rhum to Jndians Sentencd to pay Six pounds in money fine to the County according to Law and fees of Court standing committd &ca

    Waters whip’t

    Thomas Waters Tinker convictd by testimony & his own confession in Court of profane Swearing &ca Sentenced to bee whip’t with Fifteen Stripes or to pay Forty Shillings money fine to the County and fees of Court, And is ordered to depart this Colony within four dayes after his receiving his punishmt on the penalty of being imprisoned during the Courts pleasure   [603]

    [See Records of Court of Assistants, i. 158.]

    Order relating to mr Bendalls Estate

    Upon Information of the Administrators of the Estate of mr Free Grace Bendall deced that the Children of the sd mr Bendall formerly disposed of amongst Freinds are now comming into their hands upon charge The Court Order them to improve the ballance of the Accot in their hands and the whole remaining Estate (after the paymt of debts) for the education of the Children untill they come of age to bee put out according to their best discretion.

    Johnson Admonish’t

    John Johnson Cobler presentd and convicted by his own confession of negligence and promised amendmt was admonish’t and ordered to pay fees and discharged.

    Peter Indian Senta

    Joseph Peter an Indian charged by Iohn Waite for Stealing a Beaver Skin from him valued at Fourteen Shillings and a hat 18d wch sd Ioseph owned in Court that hee had and Sold but charged one Abram Jndian to have deliurd them unto him; Sentencd to pay unto mr Iohn Waite Forty two Shillings money being treble damages according to Law and fees of Court standing committd &ca And order that Jndian Abram remain in prison untill Joseph Peter procure his evidences against him.

    Phillips Senta

    Sarah Phillips Servant unto Wm Green of Boston convictd in Court by her own confession of Stealing mony from her Mar rideing away in mans Apparrell and having a bastard Childe She knoweth not (Shee Saith) by whome begotten, Sentenced to bee forthwith whip’t with Fifteen Stripes and a Fortnight after to bee whip’t again at Charlestown with Fifteen Stripes and to pay unto her mar Green 3ble damages according to Law, hee defalkeing what hee hath already received, and to pay fees of Court and prison standing committd &ca and order yt in case her Mar do not discharge her of the prison upon her receiving her 2d punishmt the keeper is ordered to dispose of her for his Satisfaction and to pay the overplus to her Master.

    Waters Complaint

    Upon complaint made to this Court by Elizabeth Waters that her Husband Wm Waters doth refuse to allow her victuals clothing or fireing necessary for her Support or liuelihood and hath acted many unkindnesses and cruelties towards her: The Court having sent for the sd Wm Waters and heard both partys, do Order that the sd Waters bee admonish’t for his cruelty and unkindness to his wife, and that hee forthwith provide Suitable meate drinke and apparrell for his sd wife for future at the Judgemt of mr Edward Rawson and mr Richd Collacot or allow her five Shillings per weeke.

    Smith Find 10s

    John Smith and Mary his wife complained agt & convictd by testimony of Suffering disorders in their house Sentencd to pay ten shillings mony fine to the County and fees of Court standing committd &ca

    Dyer Find £:5.

    Gyles Dyer convicted of Selling wine by retaile without licence Sentencd to pay Five pounds in money fine to the County according to Law and fees of Court And in answer to his petition hath Licence granted him for future to retaile wine out of [604] dores by small Quantities hee giving bond not to transgress his Licence nor to Suffer any to bee dranke in his house, and himselfe and Jabez Salter were accordingly bound unto the Treasuror for the County in the Summe of ten pounds.

    Salter Fined £.5.

    Mary Salter Widdow convicted by testimony of retailing Rum without Licence Sentencd to pay Five pounds in money fine to the County according to Law and Fees of Court.

    Burnells complaint and Order

    Upon complaint of Sarah Burnell Widdow of Wm Burnell sometime of Boston deced that her Son Samuel Burnell hath the Estate that was left by her sd Husband in his hands & refuseth to releive her or yeild her any Succor or maintenance therefrom: The Court Orders that the sd Widdow bee forthwth put into possession of the Chamber. Shee formerly had in her Son’s house or other at the Judgemt of Captn John Richards and Lt Daniel Turill and bee paid five Shillings in money per weeke by her Son untill the next Court of this County.

    Tailer &ca to Hull

    William Tailer John Scarlet and Elisha Hutchinson Admrs of the Estate of Free Grace Bendall deced appearing in Court. 2d Augo 79. confessed Judgemt against the sd Estate in their hands unto Captn John Hull in behalfe of the Execrs of mr Thomas Parris of London for the Summe of Sixty Six pounds Fourteen Shillings in money remaining due upon a bond on file.

    Execution issued. 17o Januro 1680.

    TAILER &ca to HUTCHINSON

    William Tailer and Iohn Scarlett as Admrs of the Estate of mr Free Grace Bendall deced appearing in Court. 2d Augo 1679. Confes’t Judgemt against the sd Estate in their hands unto Capt Elisha Hutchinson Admr of the Estate of mr Iohn Freake deced for forty two pounds Seventeen Shillings and eleven pence in money due upon ballance of Accompts.

    Execution issued. 17o Januro 1680.

    The Court Adjournd to Thursday August. 7th at nine forenoon.

    7o Augo Ao [email protected]

    The Court met by Adjournmt

    Present

    • S: Bradstreet Esqr Govr
    • Joseph Dudley Esqr
    • Ewdd Tyng Esqr
    • Humpro Davie Esqr

    [Batt’s Guardian]

    John Benjamin of Watertown is allowd Guardian to his Grand daughter     Batt, hee giving bond according to Law.

    [Dowgan’s Sentence]

    John Dowgan Servt to William West complaind of by his sd mar for theft and other misdemeanors his mar hath Liberty to dispose of him to any of the English Nation beyond Sea for one yeare more then his remaining time paying his Court and prison Fees.   [605]

    Bumsteed Find £:5.

    Jeremiah Bumsteed convicted in Court by his own confession of Selling Strong Beere without Licence Sentencd to pay five pounds in money fine to the County according to Law and fees of Court standing committd &ca

    Dennis Find £.5.

    James Dennis convictd in Court by his own confession of Selling strong beer without Licence, Sentencd to pay Five pounds in money fine to the County according to Law & fees of Court.

    Barbur Senta

    Thomas Barbur complaind of by Return Waite Marshall for abuseing and Strikeing of him in the Execution of his Office which Barbur Ownd Sentencd to bee whip’t severely with ten Stripes or to pay Forty Shillings money fine to the County and twenty Shillings money to Marshall Waite and Fees of Court and prison standing committd &ca

    Wiett his discharge

    Edward Wiet of Dorchester by reason of age & infirmities attending the same is freed from attending upon Ordinary Traynings, hee keeping two good fire Armes in his house liable to the Clerkes veiw, alwaies in areadiness for the Country’s Service.

    Davis Senta

    Samuel Davis Iunr complaind of by his Mar Arthur Mason for severall misdemeanors as Stubborness neglect of his buisness and lying out of his Family by night and for Stealing from him Fifteen pounds money: The Court having duely weighed and considered the Complt and evidences produced Sentencd him to pay unto his Mar Mason Forty five pounds money being treble damages according to Law and Fees of Court and prison Likewise to give in Security by two sufficient Town dwellers to the Satisfaction of the Court for the value of two hundred pounds for his good abbearance standing committd untill this Sentence bee performed. At Adjournmt of the Court. 21o augo 1679. The Court grant Liberty to mr Mason to make Sale of sd Davis in any English plantation not exceeding Four years in case hee do not Satisfy him according to the abovewritten Sentence.

    Walter chargd & Acquittd

    mr Thomas Walter being charged by mr Iohn Giffard for feloniously takeing away his goods: Upon a full hearing of the case The Court do not Judge that sd Walter hath feloniously taken any of the goods or papers charged upon him: But forasmuch as they were left in the house deliurd unto him upon Execution, do order that sd Walter do quit himselfe by his Oath that hee doth not either by himselfe or others detain any of the papers or goods chargd upon him, who made Oath accordingly.

    Jno Negro Senta

    John Negro convictd by his own confession in Court of pulling Sarah Phillips of Salem off her horse and attempting to ravish her, Sentencd to bee whip’t severely with thirty Stripes and to pay unto Sarah Phillips Five pounds money and to pay charges of prosecution and fees of Court and order that his mar dispose of him out of the Country standing committd &ca

    Auditt

    Captn Iohn Richards mr Iohn Ioyliffe and Captn Thomas Brattle are desired and appointd to Audit the Treasurers Accots and to make their Return to the next Court of this County.   [606]

    Johnson ordered to depart

    Upon consideration of the Testimonies produced against Alexander Iohnson by mr How on suspicion of his having a hand in the abuses offered him. As also the caution entred by the Select men of Boston against his resideing in this Town; hee having lyen sometime in prison. The Court adjudge him to pay the Fees of Court and prison and so to bee discharged, and to depart this Town within twenty four houres after his discharge, and not to abide within ten miles of the Town or return again without leave from the Select men under the penalty of imprisonmt during the Courts pleasure.

    Winslow her Estate Setled

    Jt’s Ordered that the remaining Estate of mrs Mary Winslow late of Boston deced intestate (debts Funerall expences and Legacies given by her in the declaration of her minde in writing being first paid out) bee thus proportioned among her five Children now living, and the Children of her Son Joseph Winslow deced (in right of their Father) in manner following, vizt To her eldest Son a double part, and to the other Children each a single Share or part, The Estate being divided into Seven parts.

    The Court Adjourned unto Thursday. 14o Augo 79.

    14o Augo Ao [email protected]

    The Court met by Adjournmt

    Order for new Clerke of the Writts

    Upon severall complaints made against Ephraim Turnor Clerke of the Writts of remisness in his Office, Jt’s ordered that warrant issue forth to the Town of Boston to make choice of some meete person to present unto the County Court for their approbation to bee a Clerke of the Writts for the sd Town.

    [Some explanation for Turner’s remissness in office may perhaps be found in a petition of his (S. F. 1874) to the General Court in May, 1680, requesting discharge from his commission as ensign in a foot-company in Boston, on the ground of his having met “with Many discouragements Espeshaly Arising from his Being At present Jn A poor & Low Condition As to wordly Estate which he Judges Renders him vnfitt for the Discharge of his Duty Jn such A place.”]

    Jinkins & Whitmarsh Senta

    John Iinkins and Hannah Whitmarsh accused for wanton unclean carriages one with another: The Court having heard what was testified against them Sentencd them to bee whip’t wth Fifteen Stripes apeice or to pay Fifty Shillings apeice in money fine to the County and sd Jinkins ten Shillings more for his Swearing and to pay fees of Court standing committd &ca and order that sd Whitmarsh immediatly after her discharge depart the Town of Boston & return to her Freinds.

    Order about Ship Wm & Thomas

    Jn Answer to the petition of Iohn Browne Andrew Dirickson and George Shepardson and Richard Horton Seamen late belonging unto the Ship named the William & Thomas of Nevis whereof Wm Wheeler was late Commandr, consumed in the late fire that hapned in the Town of Boston: Jt’s ordered that the said William Wheeler together with the Marshall do take an exact Accot both of what is saved and what is Sold by the sd Seamen which was belonging to the sd Ship, and that there bee first paid out of it the reasonable charge of one of the Company in his late Sickness at the Judgemt of the Honord Govr and the remaindr to bee Sold for money by the Marshall, & equally proportiond between the Mar and Seamen for Satisfaction of their wages.

    The Court Adjournd to Thursday. 21o Jnstant.   [607]

    The Court met by Adjournmt 28o Augo 1679.

    Turnor Senta

    Ionathan Turnor convictd by his own confession in Court of Stealing Seven Beaver Skins from Richd Shute valued at Four pounds Sentencd to bee whip’t with ten Stripes and to Return Richard Shute his Beaver again and to pay unto him eight pounds in money being treble damages according to Law and to pay fees of Court and prison and standing committd &ca

    Palmer &ca Senta

    Lisle Palmer and Hudson Leverett complained of by mr Timothy Proutt Senr and his Son Ebenezar Proutt for quarrelling wth and strikeing the sd Ebenezar many blows and Hudson Leverett drawing his Sword and pointing of it to mr Proutt, The Court haveing heard and considered the case Sentencd sd Palmer to pay ten Shillings money fine to the County for breach of the peace and twenty Shillings money to Ebenezar Proutt for the blows given him and fees of Court, sd Leverett to pay twenty Shillings money fine to the County & fees of Court standing committd &ca

    Ward his Estate Setled

    Jt’s Ordered that the Estate of Samuel Ward late of Boston Cooper deced intestate amounting by Jnventory to Four hundred and thirteen pounds bee thus Setled & proportioned Vizt One hundred and thirteen pounds of sd Summe is granted unto Thankfull Relict and late Widdow of sd Ward her heires and Ass for ever in leiu of her thirds or dowre and the remaining three hundred pounds is Assigned unto the Five Children left by sd Ward, one hundred pounds thereof to the eldest Son, and Fifty pounds apeice to the other Four Children to bee paid unto them as they come of age or bee married, and in the mean time the house & Land to stand Security, together with William Griggs his bond of two hundred pounds (who married with the Widdow) for the payment of the Childrens portions, and in the interim hee to have the use of the whole Estate for the education of the Children untill the youngest Childe come of age, keepeing the house in good repaire: And that what debts appeare to bee claimed and justly due from the sd Estate bee paid out of the Estate each party makeing a proportionable abatemt according to what they should have received.

    Winchester his Estate Setled. 29o July. 1679.

    For Setlement of the Estate of Ionathan Winchester late of Roxbury deced intestate: Jt’s Ordered that Mary his Widdow enjoy the whole cleer Estate (debts being first paid) amounting by Jnventory to about twenty two pounds for her own and Childs Education & maintenance, Shee paying thereout unto Mary the onely Child left by sd Winchester (now about one year old) the Summe of Forty Shillings, when it shall come of age or bee married.

    Thomas to Rawson

    David Thomas personally appearing before the Worppll John Pynchon Esqr and Humphry Davie Esqr Assists 31o Octobr 1679. confest Iudgemt against his Estate & person unto William Rawson for Seven pounds Seventeen Shillings & 7d in money in full, due upon balla of Accot with charge

    Attests. Jsa Addington Cler.

    Execution issued. pro novembr 1679   [608]

    Saise to Cheever

    Christopher Saise late of Charlestown personally appearing before Joseph Dudley Esqr and Humphry Davie Esqr Assists 25. Septr 1679. confessed Judgemt against his Estate & person unto Bartholmew Cheever of Boston for the Summe of twenty pounds two Shillings six pence to bee paid in money according to bond with charges.

    attests. Jsa Addington Cler.

    Execucion issued. 26. Septembr 1679.

    Present

    Simon Bradstreet Esqr Governr Tho: Danforth Esqr Deputy Govr Daniel Gookin Esqr Assist, and the rest of the Magistrates. 16o 8br 1679

    Tower to Harris

    John Tower Senr of Hingham confessed Iudgemt agt his Estate & person unto William Harris of Patuxit for Eighteen pounds money, which is in Satisfaction of charges granted him at a Court held at Providence by his Majties speciall Command

    Attests. Jsa Addington Cler.

    Execution issued 9o april: 1680.

    Davis to Thomas

    Iohn Davis of Lyn appearing before John Pynchon Esqr and Humphry Davie Esqr Assists 29o Octobr 1679. confessed judgement against his Estate and person unto Alice Thomas Widdow for One hundred and ten pounds to bee paid in money in full of all Accots

    attests. Jsa Addington Cler.

    Execution issued. 15o novr 79.

    Eliott to Rock

    Ioseph Eliot appearing before Major William Hathorn Esqr and Nathanael Saltonstall Esqr Assists 21o Octobr 1679. Confes’t Judgemt against his Estate and person unto Joseph Rock for Forty five pounds one Shilling to bee paid in money.

    attests. Jsa Addington Cler.

    Execution issued. 22o Octobr 1679.

    Thayer to Jones

    Richard Thayer Senr of Brantery personally appearing before William Hathorn Esqr and Edwd Tyng Esqr Assists 27o October. 1679. confessed Judgemt against his Estate & person unto Robert Jones Mercht who married with Ann Sandys Relict and Admx of the Estate of Iohn Sandys Assigne of John Paine for one hundred and thirteen pounds according to bill on file, to bee paid in Porke Beife Wood & Cider at the price currant with the Mercht.

    attests. Jsa Addington Cler.

    Execution issued 25o novr 1679.

    Chandler to Tyng &ca

    Ensigne Thomas Chandler of Andiver appearing before John Pynchon Esqr and Nathanael Saltonstall Esqr Assists 28o October. 1679. confessed Judgemt against his Estate and person unto Edward Tyng Esqr & Joseph Dudley Esqr for twenty Eight thousand foote of marchantable deale boards to bee delivered at some convenient landing place in Havarill or Exitor.

    attests. Jsa Addington Cler.   [609]