At a County Court held at Boston by Adjourmt of the Generall Court from. 28th October, unto the 4th Novembr 1679. and then Set.
- S: Bradstreet Esqr Govr
- Edwd Tyng Esqr Asst
- Joseph Dudley Esqr Asst
Grandjury the same as at the former Court.
Jury of Tryals Sworn
- mr Bernard Trott
- Iohn Withrinton
- Ioseph Morse
- Abraham Gourding
- Iohn Ruggles
- Iosia Levit
- Richard Knight
- Ri: Phillips
- Andrew Lane
- Samll Garey
- Jno Chamberlyn
- Iona Fuller
Forster v. Roundall
Miles Forster Attourny of Luke Forster of London Draper plaint. conta the goods money Estate or Credits of Marmaduke Roundall Defendt in an action of debt of Four hundred pounds good and lawfull money of England due upon the Forfiture of a bond or Obligacion under the hand and Seale of sd Roundall bearing date. 14th Septembr 1678. with damages, . . . The Jury . . . found for the plaint. Four hundred pounds lawfull money of England Forfiture of the bond and costs of Court: The Bench chancered this Forfiture by agreement of the partys under their hands unto Forty Six pounds money being so much onely remaining unpaid and costs of Court three pounds eleven Shillings. This case was tryed at the last County Court but judgemt not entred untill this Court according to Law The Defendt being out of the Colony.
Execution issued. 17o Decembr 1679.
Willys conta Baker
Edward Willis Assigne of Robert Oxe plaint. conta Thomas Baker who married with Mary the Relict & Admx of the Estate of John Smith late of Boston mercht Defendt in an action of the case for witholding the Summe of One hundred & twenty pounds currant money of New-England due to the plaint. by Obligacion under the hand of sd Smith datd 3d march. 1676/7 wth damages, . . . The Iury . . . found for the plaint. Forfiture of the bond one hundred and twenty pounds money and costs of Court: The partys both appearing in Court declared they were agreed upon Seventy three pounds money to bee paid in full chancery of this bond without any costs.
Execution issued 10th novr 1679.
[A copy of the execution against Baker, 10 November, 1679, is in S. F. 1812.1, with the following return:
J Extended this Execution on part of a dwelling house Barn Orchard with Meadow Ground lying in Redding which was shown to me by Thorn Baker Junr to be part of the estate of Jno Smith late of Boston deced as also an Jndian Girle One feather bed one bolster. Two Pillows Two Blanketts, Serge Curtains Vallents & bedsteed fiue Silver Spoons One Small Beaker fiue pr of Cotton & Linen sheets Two pr Course holland sheets Seven pewter dishes Twenty pound old Pewter one Bell Mettle Pot, one Jron Pott Two pr of Andirons fire shovell & Tongs with Brasses Appraized by Mr Theophilus Frary & Mr Jno Wing & since delivered all to mr Edwd Willys with fees, to the value of seventy four pounds Twelve shillings Nine pence.
Return Waite Marshall
. . . true Copy . . . Jsa Addington Cler]
Man conta Hews
Iohn Man plaint. conta James Hews Defendt in an action of Reveiw of a case tried at the County Court in Boston. 29o July. 1679. wherein sd Iohn Man was plaint. agt sd Hews Defendt for the Summe of nine pounds eleven Shillings in money &ca. . . . The Jury . . . found for the plaint. nine pounds Eleven Shillings money and costs of Court allowd twenty three Shillings ten pence.
Execution issued 6o novr 1679.
[Review of a case of the previous session. See above, p. 1058.]
Thayer conta Stoddard
Nathanll Thayer Factor of Major Ricd Williams of Barbados plaint. conta Simeon Stoddard Defendt Thee plaint. withdrew his Action.
Elyott conta Kent
Henry Elyot plaint. conta William Kent Defendt The plaint. withdrew his Action. 
Thomas Walter plaint. conta John Giffard Defendt according to Attachmt The plaint. was nonsuted upon non appearance and costs granted the Defendt thirty four Shillings two pence.
Execution issued. 10th Novr 1679.
Baxter conta Egerton
Peter Baxter plaint. conta Peter Egerton Defendt according to Attachmt The plaint. was nonsuted upon non appearance.
Sanford conta Hubbard
Thomas Sanford plaint. conta mr William Hubbard Defendt The plaint. withdrew his Action.
Clarke &ca conta Baker
Thomas Clarke and Mary Lake Execx to the Estate of Thomas Lake late of Boston deced late Owners of the Katch called the Begining plaints conta Thomas Baker Husband of Mary, Relict and Admx to the Estate of Iohn Smith late of Boston deced or such Estate as did belong unto the sd Smith Defendt in an Action of the case for witholding from the plaints the full Summe of three hundred pounds due to these plaints for the forfiture of a bond under the hand and Seale of sd Iohn Smith bearing date the. 18th of Novembr 1675. with damages: . . . The Jury . . . found for the plaints three hundred pounds breach of bond and costs of Court: At Request of the Defendt and both partys being heard, The Court chancered this Forfiture to Fifty Seven pounds Five Shillings Seven pence in money & costs of Court (not allowing twenty pounds alledged to bee pd wch is left to further proofe) grantd twenty nine Shillings six pence.
Execution issued 10th Novr 1679.
[Copy of execution and return in S. F. 1813.2.]
Ofeild conta Vittroy &ca
Maudline Ofeild Relict and Execx to the Estate of her late Husband Thomas Ofeild deced plaint. conta the goods money or Estate of Michael Vittroy deced in the hands of Eliakim Hutchinson Admr of the sd Estate, Defendt As also the goods or Estate of John Nurse of Treece in an action of the case for witholding the Summe of One hundred twenty Four pounds currant money of New-England due to this plaint. by bill under their hands and Seales datd 16o May. 1679. with damages: . . . The Jury . . . found for the plaint. one hundred and twenty pounds in money and costs of Court allowd twenty four Shillings ten pence.
Execution issued 17o Novr 1679.
Taffe conta Comer
Robert Taffe plaint. conta John Comer Defendt according to Attachmt The plaint. withdrew his Action.
Beisco conta Brisco
Joseph Brisco Grand Son of William Brisco deced plaint. conta the goods and Estate late belonging unto Ezekiel Brisco of Boston deced, in the hands of Captn William Wright who married wth Rebecca late Relict and Admx to the sd Brisco (and in perticular the part of a dwelling house and Land thereunto belonging scituate in Boston Sold by ye Worppll Tho: Danforth Esqr unto ye sd Ezekiel) Defendt for the Summe of thirty pounds in currant pay for Silver which is due unto him as the gift of his sd GrandFather upon the purchase of a house and Land from mr Robert Gibbs by Deed dated. 9th 7br 1662. which should have been paid by Benjn Brisco out of that halfe part of the sd house and Land given unto him and which since hee sold unto Tho: Danforth Esqr  and by him sold unto the sd Ezekiel, and bound over as Security for paymt of the sd Sume; which shall appeare by the respective Deeds for the abovementioned house and Land with all damages. . . . The Iury . . . found for the plaint. thirty pounds in Silver or equivalent to Silver out of the Estate left to him by his GrandFather Wm Brisco according to the Deeds & costs of Court allowd thirty three Shillings six pence.
Execution issued pro Decembr 79
Butler conta Thacher
Nicholas Butler plaint. conta Thomas Thacher Defendt according to Attachmt The plaint. was nonsuted upon non appearance.
Thomas Carter plaint. conta Samuel Pelton mar of the Katch Blessing Defendt in an action of debt for the value of twenty Seven pounds one Shilling and eight pence in Silver due for worke done on board the sd Katch for the space of ten months and twenty five dayes being Shipped by sd Pelton as mate at two pounds and ten Shillings per month in Silver and was Ship’t the first of Octobr 1678. and put out of pay the 25th August. 79 the non payment whereof is greatly to the plaints damage with other due damages &ca. . . . The Iury . . . found for the plaint. twenty Five pounds in money, without costs of Court.
Hollett &ca conta Pelton
Roger Hollet John Clapp and William Clapp or their OverSeers Captn Roger Clapp, Thomas Carter and Ioseph Homes or either of them plaints conta Samll Pelton Master of the Katch Blessing Defendt for that the sd Pelton hath greatly wronged & shamefully abused the sd Roger Hollet John and William Clapp, who were by him shippd at Topsham as passengers hither putting into Plimouth commanded them to go ashore and would not suffer them to have any releife onboard for severall nights and dayes so likewise at Falmouth, and did not give them halfe allowance the Voyage hither, yet hath extorted and received Seven pounds apeice in Silver for their passage, whereby they are greatly damnified. . . . The Iury . . . found for the plaints thirty one Shillings apeice in money damage and costs of Court allowd twenty Seven Shillings ten pence.
Goss conta Pelton
Phillip Goss plaint. conta Samuel Pelton mar of the Katch Blessing Defendt in an action of debt due for worke done onboard sd Katch for about the space of eleven months being Shipped by sd Pelton here at Boston about the. 24th of. 7br at two pounds one Shilling per month in Silver and so Sayled to Virginia and from thence to England and so hither again and was put out of pay. 25th of August last past and the wages due to the plaint. not being paid is greatly to his damage being twenty two pounds eleven Shillings in Silver this wth due damages: . . . The Jury . . . found for the plaint. Five pounds Sixteen Shillings in money in full balla of all Accots and costs of Court allowd Seventeen Shillings: Upon the Question propounded The Jury declared in Court they gave judgemt onely according to thirty six Shillings per month. 
Paige conta Woodbridge
Nicholas Paige plaint. conta Thomas Woodbridge Defendt in an action of the case for Security for the Summe of Five hundred twenty nine pounds in money or thereabout including the costs, Judgement was granted by the last County Court held at Boston unto mr Peter Sergeant and mr Paul Dudley Attournies of mr Thomas Deane against the sd Nicholas Paige upon the chancery of a forfited obligation wherein the sd Paige stood jointly & severally bound wth sd Woodbridge unto the sd Deane, being the onely proper debt of sd Woodbridge, which bond beares date ye 2d Iune. 1677. whereby the plaint. is damnified the above sd Summe. . . . The Iury . . . found for the Defendt costs of Court.
Keen conta Matthews
John Keen plaint. conta the goods debts monys or Estate of Iames Matthews Defendt in an Action of reveiw of a case tried at the last County Court held at Boston. 29o Iuly ulto wherein Iohn Dafforne appeared as Attourny to sd Matthews and recovered Judgemt agt sd Keen for twenty eight pounds and nine pence money, wth damages; . . . The Iury . . . found for the plaint. twenty Six pounds five Shillings nine pence in money & costs of Court allowd thirty Seven Shillings two pence.
Execution issued 8o Novr 1679.
[See next case, and Dafforn v. Earle, page 1052, above.]
Keen conta Dafforne
Iohn Keen plaint. conta Iohn Dafforne Defendt for witholding the Summe of Fourteen pounds Fifteen Shillings money due to the plaint. being for so much hee did pay unto mr Simon Lynde by order of sd Dafforne; wch was in full of a bill of thirty three pounds Fifteen Shillings nine pence money due from sd Dafforne to sd Lynde datd 23. Octobr 1678. as shall appear with damages: . . . The Jury . . . found for the Defendt costs of Court.
[This case was reviewed at the January session, 1679/80, pp. 1123–4, below.]
Iohn Keen plaint. conta Walter Lewis Chyrurgion Defdt The plaint. withdrew his Action.
Browne conta Martin
Samll Browne Carpenter plaint. conta Richd Martin Commander of the Ship Blossom Defendt for witholding the Summe of Eleven pounds six Shillings three pence or thereabout due to this plaint. for Service by him performed on sd Ship sd Martin Comma in a Voyage from London to Amsterdam and thence to New-Castle and thence to Charlestown in New England as shall appear with damages: . . . The Jury . . . found for the plaint. Four pounds Eighteen Shillings one penny money & costs of Court allowd twenty Six Shillings.
Execution issued 6o Novr 1679.
Iay conta Hobart
Joseph lay plaint. conta Ioshua Hobart Marrinr Defendt according to Attachmt The Court dismis’t this Accion the case being depending for tryal before the Honoble Govr And grant The Defendt costs thirty Shillings and eight pence.
Execution issued. 10th Xbr 79. 
Clarke conta Holmes
Major Thomas Clarke plaint. conta Thomas Holmes Defendt in an action of debt of two hundred and Forty pounds in money due by bond, wth damages. . . . The Iury . . . found for the plaint. two hundred and Forty pounds money Forfiture of the Bond and costs of Court: Doctor Elisha Cooke appearing as Attourny to the Defendt appealed from this Judgemt unto ye next Court of Assistants and gave bond for prosecution thereof to effect.
[Cooke’s Reasons of Appeal (S. F. 1842.7) mark a new style in that class of document:
Thomas Holmes his Reasons of Appeale from ye Judgmt of ye honord County Court held at Boston Novembr 4. per Adjournmt to this honord Court of Assistants.
1. That yr is but one wittness to ye Bill or Bond sworne & ye Deffendant not in Towne or neare to owne or deny his hand
Elisha Cooke in ye behalfe of Thomas Hol[mes]
These Reasons Recd febr 26o: 1679.
Pr Jsa Addington Cler
At the Court of Assistants (Records, i. 152) the jury confirmed the former judgment, but “the bench hauing heard the plaintiffs Atturney & the deffendants pleas did chancerje the bond to the principall sum according to bond one hundred and Twenty pounds to be pajd yearely” at the rate of 24l a year, with six per cent interest, which the court figured would amount to 139l 3s; together with 45s 2d costs.
In S. F. 1842.2 is a copy of the execution, with the following note added by Edward Rawson:
This Exec: was only Altered on request & Jmportunity wth advice of ye Gournor Goods & Estate [rest illegible] Tho: Holmes]
Paige conta West
Nicholas Paige Attourny to Benjn Barter plaint. conta William West Defendt for not paying unto the sd Barter nor his order the Sume of twenty five pounds Starling according to the tenour of a bill of Exchange bearing date the. 16th may. 1678. drawn by him upon mr Richard Wharton and compa merchts in Boston for the like value received of sd Barter; which sd bill is protested for non acceptance and non payment as by the sd bill and protests shalbee made to appeare wth damages: . . . The Iury . . . found for the plaint. five and twenty pounds money and costs of Court. The Defendt by his Attourny appealed from this Iudgemt unto the next Court of Assists and mr Richd Wharton and mr Jno Fayerweather acknowledged themselves bound . . . in the Summe of Fifty pounds money for the prosecution of said Appeale to effect, and also to Satisfy the Iudgemt in case of mr Paige his Recovery.
S. F. 1839.9
Trest15 May the. 16th 1678.
At sight of this my third bill of Exchange my first and Second being unpaid, pay unto mr Benjamin Barter or his Order the full Summe of twenty five pounds Sterling for the like value received of him here and place it to the Account of your Loving Freind.
To mr Rich: Wharton & Company Mercct. in Boston.
By this publick Instrument of protest bee it knowne and manifest unto all People that about one or two dayes before the Sixth day of October in the year of our Lord One thousand Six hundred Seventy nine Stilo Angliæ Annoque Regni Regis Caroli Secundi nunc Angliæ &ca Tricessimo primo, At the instance & request of Nicholas Paige of sd Boston merchant Attourny to sd Benjamin Barter above-named J Robert Howard dwelling in sd Boston sole Notary and Tabellion Publick by Authority of the Generall Court of the Massachusetts Colony of New-England admitted and Sworn did repaire to the dwelling house of sd Richard Wharton but finding him not at home on the sd Sixth day of October. 1679. hee the sd Richard Wharton came with the sd Paige to the Office of me the sd Notary in Boston aforesd and then and there I the sd Notary desired him the sd Richard Wharton to pay the sd Originall bill of Exchange by me Notary unto him shewn and read a Coppie of which bill is here before writ word for word, But hee the said Richard Wharton answered me the sd Notary that hee would not pay or did refuse payment because the Summe demanded is already paid and accounted for to the drawer, and again attached in his hands to respond an Action of debt brought against Benjamin Barker, and because the demand of me alone (to which hee Subscribed his name thus) Richard Wharton, which answer from sd Richard Wharton (as the onely person in sd bill mentioned directed unto and drawn upon with this addition and Company) when I sd Notary heard sd answer as aforesd At the instance and request aforesd I did and do solemly protest against the sd William West the drawer and Subscriber of sd bill of Exchange and all others whome it doth and may concern for all costs damages and interest for non payment as aforesd suffered and to bee suffered This was thus done and Protested in Boston aforesd in the Office of me the sd Notary the sd Sixth day of October One thousand Six hundred Seventy nine.
Quod virtute Officij mej Attestor
Robert Howard Not. publ. Massachusitt Coloniæ perdict.
2nd Act in reference to the drawer.
As this aforespecified bill of Exchange drawn by sd William West upon Richard Wharton and Company and for non payment per sd Wharton was protested against William West the sd drawer hee being absent and not in the Town of Boston And now by providence being come to Boston upon the request of sd Nicholas Paige as Attourny to sd Benjamin Barter mentioned in sd bill, J the sd Notary on the two and twentieth day of October in the year of our Lord One thousand Six hundred Seventy nine went with him the sd Paige to the house or Lodgeing place of him the sd William West with sd bill of Exchange which I read unto him and acquainted him what was already done in his absence in reference to the aforegoing Protest and shewed him mr Whartons answer as is beforewritten As also the bill of Exchange itselfe which hee confes’t to bee his bill and his name therein written to bee his own Subscription Then I demanded of him the sd West payment of sd bill his Answer then was to me the sd Notary I cannot pay the money mentioned in sd bill untill I receive it of sd Wharton & compa which answer from himselfe the sd William West drawer when I sd Notary heard at the instance & request of sd Paige as Attourny aforesd I did and do again solemly protest against the sd William West drawer then and there being in his own person pursent and all others whome it doth and may concern for all costs damages and interest for nonpayment as aforesd suffered and to bee Suffered This was thus done in reference to the personall presence of sd William West drawer and Subscriber of sd bill the sd two and twentieth day of October 1679.
Quod virtute Officij mei Attestor
Robert Howard Not. publ. Massachusitt Coloniæ prædict.
Recorded in the .312: page of the .5th Booke of sd Notary Records according the custom of the Jurisdiction aforesd
Vera Copia Attestr Jsa Addington Cler
S. F. 1839.3
William West, Appeallant, Capa Nicho Paige, pretended attouroy to Mr Benja Barker, Deft.
Reasons of appeale from ye Judgmt of ye County Court at Boston in Octobr last.
1. As the appealt owned, & his Bills of Exchange proved him Debtr to Benjamin Barker, so hee should readily have paid what was due, had not Benjamin Barkers estate in ye appeallts hands, (wch was but Twenty five pounds) been attatched, & so by Law Subjected to satisfie a debt of Thirty Six pounds three Shillings due from sd Barker, & by ye same Juries verdict adjudged to mr Fairweather & Compa. Therefore this being pleaded for the appellts acquittance, ye Attatehmt being before them, & their Verdict not Twenty four Howres old,16 it was most unreasonable & unjust, by an after verdict to order the appealt to pay mr Paige what by a former Verdict according to law they had adjudged towards payment of Benjamin Barkers debt to Mr Fairweather & Company
2 Jt appeareth not by the papers in this Case that mr Paige had any power to Sue, and if the Iewry had any refference to anything produced in another case, it had been just also that they should have taken their own Verdict in that Case as evidence in this however the Jewry haveing by a Verdict found for mr Fairweather & Compa upon the attatchment of Benjamin Barkers Estate in the appeallts hands, afterwards to cast the appeallt for for nonpaymt of that Estate to mr Paige is very illegall (our law saying that ye Estate attatched shall lye to satisfie the Judgment): And ye appealt is by the last erronious & injurious Verdict (to avoid the Necessity of paying the Summe that was in his hands twice) necessitated to this appeale, hopeing that this Honrd Court & Iurie will see reason to reverse ye former Iudgmt, & grant ye Appealt Costs of Courts
Atturney to Wm West
These Reasons Recd .26. febr 1679.
per J: Addington Cler.
S. F. 1839.4
To: the Honred Court of Asestants Settinge in Boston March the 2d 167/89/0 Nicholas Paige: Atturney to Benj: Barter his Answers to Tho: Norman Atturney to Will West his Resones of Appeale from ye Judgment of ye Countey Court held in Boston in October Last Releatinge to ye Judgment granted to ye said Paige as Atturny to Benj: Barter againest Willam West Concerninge a bill of Exchange
To: The First Reason That ye Appelant owned and his bill of Exchange proued him debter to Benj: Barker and that hee might owne himselfe debtor to Benj: Barker J will not despute but that his bill of Exchange proued him Dr to Benj: Barker J deney — The bill of Exchange proufed that hee wase indeb[ted] vnto Benj: Barter; and not to Benj: Barker — J hop the Honred Court and Jury will destinguish be’twen Barker and Barter; and then they will find noe Vallidity in this Reson; The pretence why ye bill of Ex[co]: wch wase drawne by West: payable to Barter: or: order Should not be paid to:, or: recovred By Barters order was be Cause the Estat of Barker:, wch beinge another man: bee Cause itt is a nother name, wase a Rested in ye hands of West, and wt Reson Cann thare bee in this Reson of Appeale, West might owe Barker fiue hundred poundes and Barker might owe Farreweather and Compa money:, and yet Barters Estate noe way Concerned, and if the same parson was ment and Jntended yet ye parson Cann not be Vnderstood:, and the parson and Case must bee Vnderstood or thare is noe ground of Action theare for here is no ground for ye Action of Appele:, Willm West ought to pay his bill drawne for ye Vse of Barter all though hee owed Barker neuer soe much, and itt wase attached in his hands:
To: his second Reason That itt ded not appeare Paige Wase Atturny: to Barker: their is noe need of that for J Claime nothinge Jn Right of Barker: but Jn Right of Barter:, and that ye Leater of Atturny appeared in Court and theare Js extant is true pa[r] wch J wase alowed to sue and did Recouer of West in the Name of Barter and why itt is not brought to this Court J know not,: but suppose that Barters Estat had benn Sued in the handes of West: yet West might owe Barter other waves then by this bill: of Exchange and soe ye bill The payment theire of not to bee hindred: But if itt bee taken for granted that hee owed him nothinge otherwayes yet J doe Conceue the Attachinge or Recoueringe of Judgment: againest Ba[torn] his Estat in ye handes of West in Genrall: will not touch the Estate of Barter in the hands of West per uertue of such a spetialty as a Bill of Exchange Thus not doubtinge but the Honeared Court and the Gentellm of ye Jurey will Com to a right understandinge of ye Cause and see Just Reson to Confearm the former Vardet and soe J am
yors to Command
(Records of Court of Assistants, i. 157)
wm west pit agst Nicholas Paige Atturney to Benjamin Barter deffendt in an Action of Appeale from the Judgment of the County Court in November last at Boston . . . the Jury brought in their virdict i e If stopping of mony due by bill of exchainge by Attaching of it in the hands of him by whom the bill of exchainge is draune be a sufficient barr for the non payment of the money sued for then wee find for the plaintiff reuersion of the former Judgment & Costs of Courts if not wee find for the deffendant Confirmation of the former Judgement & Costs of Courts. The Bench resolues this Question on the negative & so determines this Case for the deffendant Confirmation of the former Judgment & Costs of Courts three pounds eight shillings]
Leitchfeild conta Badcock
Thomas Leitchfeild plaint. conta Ionathan Badcock Defendt according to Attachmt The plaint. withdrew his Accion.
Joshua Lamb for himselfe and as Attourny to Benjn Walker &ca plaint. conta John Williams Defendt according to Attachmt The plaint. withdrew his Action.
Thacher conta Thacher
Margaret Thacher Relict & Admx of the Estate of the Revd mr Tho: Thacher deced plaint. conta Tho: Thacher Ralph Thacher & Peter Thacher Defendts The plaint. withdrew her Accion.
Fiske &ca conta Rawson
Thomas Fiske and Thomas Patch Guardians to William Rogers son of William Rogers formerly of Boston plaints conta William Rawson Admr to the Estate of William Snelling (in behalfe of Margaret his daughter and Ann Davenport his Sister) Defendt in an accion of the case for witholding one hundred thirty Six pound nineteen Shillings six pence being his part of his sd Father William Rogers his Estate in the hands of William Snelling according to Inventory and the Courts Setlemt of sd Estate, with damages: . . . The Iury . . . found for the plaints Fifty one pounds ten Shillings in money and Eighty five pounds nine Shillings six pence in such Specie as the Estate was or is in & costs of Court. Forty five Shillings ten pence
Execution issued 2. Decembr 1679.
[See Settlement of Snelling’s estate, below, p. 1103.]
Saffin conta Alborough
John Saffin plaint. conta Captn John Alborough Defendt according to Attachmt The plaint. withdrew his Action. 
Harris conta Yeales
Richard Harris plaint. conta Timothy Yeales Defendt according to Attachmt The plaint. withdrew his Action.
Harris conta Yeales
Richard Harris plaint. conta Timothy Yeales Defendt according to Attachmt The plaint. withdrew his Action.
Aron Pratt plaint. conta Joseph Weeden Defendt in an action of the case for detaining and not delivering an Indenture of Apprentiship datd sometime in the year. 1674. the same being demanded of the sd Weeden by Pratt; with damages: . . . The Jury . . . found for the plaint. the delivery up of his Jndenture and Freedom from Weeden or twenty pounds money & costs of Court allowd twenty Shillings six pence.
Execution issued 21o novr 1679.
Smith conta Egerton
Katharin Smith plaint. conta Peter Egerton Defendt according to Attachmt The plaint. withdrew her Action.
Kent &ca conta Knight
William Kent and Iohn Indicott Admrs to the Estate of Samuel Hawford plaints conta Richard Knigght Defendt The plaints withdrew their Action.
Sheafe conta Salter
Sampson Sheafe Mercht plaint. conta Eneas Salter of Boston Mason Defendt in an action of the case for refuseing to deliver up unto the sd Sampson Sheafe and give him possession of a certain parcel of Land and houseing thereupon scituate in Boston abovesd in the pursent tenure of sd Salter which do of right belong unto sd Sheafe as shall appear by a conditionall Deed of Sale or mortgage under the hands and Seales of sd Eneas Salter and lone his wife bearing date. 17th of Iune. 1677. long since forfited and by them so acknowledged & surrendred up unto the sd Sheafe, and afterwards leased of him for the term of Six months after the rate of twelve pounds money per annum but doth neither pay the sd Rent nor will Surrendr the purmisses whereby the plaint. is damnified more then One hundred and Ninety pounds in money with other due damages: . . . The Iury . . . found for the plaint. possession of the house and ground Sued for, and Sixteen pounds twelve Shillings money for Rent, and costs of Court allowd twenty three Shillings six pence.
Execution issued 11th Novr 1679.
Ino Watts plaint. conta William Gover Defendt in an action of debt of ten pounds Fourteen Shillings and nine pence due to the plaint. according to bill. datd 7th Novembr 66. wth interest and damages: . . . The Jury . . . found for the Defendt costs of Court allowd twenty Shillings.
Beament conta Welden
Gamaliel Beament of Dorchester plaint. conta Daniel Welden Defendt in an action of debt for Seven pound Fourteen Shillings and two pence due by bill datd 3 d Iune last, to bee pd in currant money wth damages &ca . . . . The Iury . . . found for the plaint. Seven pounds Fourteen Shillings two pence in currant pay and costs of Court allowd Forty one Shillings ten pence.
Execution issued 8o novr 1679.
Danson conta Eliott
George Danson or his lawfull Attourny plaint. conta Henry Eliot Defendt in an action of the case for entertaining fostering and detaining an Indian Squaw called Sarah who is Servant to sd Danson, from the Service of her sd Master; which is contrary to Law and greatly to the damage of the plaint. as shalbee made appear with all other due damages: . . . The Iury . . . found for the plaint. that sd Eliot return the Indian Squaw in controversy (mortality excepted) and deliver her to sd Danson within twenty dayes next comming and also pay sd Danson Forty three Shillings money damage and costs of Court, sd Danson defalking Five and twenty Shillings money to sd Eliot. Or that sd Eliot pay Fifteen pounds money to sd Danson and costs of Court. The Defendt appealed from this Iudgemt unto the next Court of Assistants and put in Security for prosecution thereof to effect.
[Among the numerous depositions and other documents on this case, in S. F. 1919.1–19, the following make a fairly connected story:
S. F. 1919.16
Boston January, the: 11th 1678.
J George Danson do impower Henry Ellyat of or about Stoningtown to take up my Indian Squaw, Sarah Dijuponyou who hath been wanting about 10. weekes or thereabouts this being the second time that the sd Indian Squaw hath run away from her sd mr George Danson — and this my note shalbee yor sufficient warrant As witness my hand the day and year first abovewritten, her wearing Clothes was one red petticoate with Sleaves and another striped Coate woolen and cotten and a striped gown a pair of blew Stockins and one pair of black Shoes and two dowlis Shifts and a blanket that Shee stole of the bed when Shee went away.
Shee is the same Squaw that both I and my wife discharged Iohn Wardner of enterteaing because hee knew Shee was a runaway.
Wm Gilbert who wrote ye order from Danson to Elyot denyed the above to bee his hand in Court. Novr 6. 1679.
attests J Addington Cler
S. F. 1919.21
The Deposition of Adam Dunkin aged. 20: yeares or thereabout and Iudah Nubey aged .17. yeares or thereabout testifieth and Saith.
That about Four or five months’ since came one Elliot of Stoningtown to our master George Dansons house, and our Master told him hee heard his Squaw was at Warwick and asked him if hee would undertake to fetch her home, hee said hee would So our master agreed with him for twenty five Shillings, our mistress being by told sd Elliot Shee feared hee would when hee had taken her keepe her at his own worke it being then about planting time, hee told our Mistriss hee would not for hee did not plant, our mistriss told him hee must not keepe her above a weeke after hee had taken her, but hee would not undertake to bring her down under a Fortnight after hee had taken her to which at last they agreed; Jn a little time after said Elliot came again and said hee had found the Squaw but hee could not bring her down for so little as twenty five Shillings our mistress asked him what hee would have more, to which wee remember not well his answer, but our mistriss gave him three Shillings in his hand and told him hee should have that more with which hee seemed contented and promised to bring her: Further sd Elliot told our master that the Squaw was unwilling to go with him. Saying hee would steale her from her master Danson and said Shee was going home to him again and Eliot said hee dragged her after his horse to make her go and was forced to use her so that Shee kep’t her bed some daies till at last hee beat her with a whalebone till Shee bled before hee could make her worke for him
Sworn in Court .6o Novr 1679. by both witnesses
Attests J: Addington Cler.
S. F. 1919.14
Boston .the. 28th August .1679.
I underwritten do hereby promiss and oblige my Selfe to deliver to George Danson or his Order an Indian Squaw named Sarah, belonging to the sd Geo: Danson and now in my possession at demand. Witness my hand.
Henry ○ Elliott
Owned in Court per Henry Elliot. Novembr 6. 1679. attestd per Jsa Addington Cler
Stoningtown. September the first. 1679 @
Honord and Loving Freind.
After kinde Salutations to yor Selfe and your good wife, I thought good to write unto You that you might understand the true reason why this man which you either sent or at least Saith yow sent him which if you did I admire you should send a man so far on so slight an errand, not so much as to impower him to give me a discharge nor to write on the backside of that paper wch hee brought that you did desire me to deliver the Squaw to the bearer thereof, which is the true reason of my not delivering of her, for at the first comming of the man I told him, not makeing any question of the truth of what hee said, that according to my word and ingagement there was the Squaw as Shee was in my house standing by this man my wife onely being present, but soon after Shee went out and I said to this man you had best go out after her for fear Shee should give you the Slip, and hee went out and talked with her awhile and comming again Shee tooke the oppertunity and went away and the man seeing her gone said nothing but went away also, and I tooke my horse and followed him and asked him where his order was and desired to see it and hee told me I should not, I told him I had delivered her to him, hee denyed it and I could not prove it, which put me to a Stand what to do fearing that the Squaw was gone, but when I came home Shee was come and I sent him word and hee came and I profered him once more to deliver her if hee would shew me any order from yor Selfe or give me a discharge, but hee had no Order and he would give me no discharge, therefore I thought if I should delivered this Squaw and hee should have lost her I might have been called to an Account and been made to have paid for her, having nothing to Secure my Selfe.
So in haste I Rest yor Loving Freind
Ownd in Court .6o Novr 1679. per Henry Eliott Attests Jsa Addington Cler. Vera Copia Attestr Jsa Addington Cler
S. F. 1919.18
John Marsh aged about .32. yeares testifieth & Saith that in the latter end of august or in the begining of September instant J was hired by George Danson to go with Henry Eliot to fetch an Jndian Squaw that then was in the possession of sd Eliot (called Sarah) and J then tooke my journy with sd Eliot, who in the way discourseing together told me hee knew my buisness and asked me if J had ye note about me that hee gave to George Danson about ye Squaw, and J told him yes, and J shewed him the note at his house and his wife was there & hee owned his hand or marke & the witnesses, but hee did not deliver me the Squaw, but left her to her liberty telling her if Shee would go to Boston Shee might, but if Shee would not Shee might Stay for hee would not force her; but soon afte[torn] refused to deliver her upon that note Signed with his owne marke, So J returned without her, & had Forty Shillings mony for that Journy which sd Eliot knew of.
Taken upon Oath the 10th of. 7mo 1679.
Before me Anthony Stoddard Commissr
The testimony of Tho: Huit of Stoningtown aged twenty yeares or thereabout do testifie and Say that upon a time hee going to Steven Richardsons, did overtake a man wch did say that hee had an order of mr Donson to receive an Jndian Squaw of Henery Eliot, and the man said hee had been at Henry Eliots to demand the Squaw, and hee said that Henry Eliot did say unto him here is the Squaw take her, and farther Saith that the man said that while hee was talking with some body the Squaw ran away and farther saith not.
The testimony of Thomas Bell of Stoningtown aged thirty three yeares or thereabout do testify and Say that hee was in Henry Eliotts house and did heare say that mr Danson had sent a man for the Squaw that is said to bee mr Danson[s] and going out of the house did see the man (which did pretend hee had an order to receive the Squaw) and the Squaw alone together behinde the house, and soon after the man came into the house and went out again and went in again and said that the Squaw was ran away & farther Saith not.
Thomas Bell and Thomas Hewit appeared & made Oath to the abovewritten.
Before me Samuel Mason Comnr
Stoningtown April ye 27th 1680.
Copia Vera attestr Jsa Addington Cler.
But Bell had previously given testimony quite different in selection of incidents and in implication:
S. F. 1919.28
The Deposition of Thomas Bell aged thirty three yeares or thereabout, who Saith that sometime this last Summer being at the house of Henry Eliot there came thither a man who pretended himselfe to bee sent by George Danson for an Indian woman; but I did not see any order hee had for her; but I heard the sd man Say that hee had no order under Dansons hand for the the woman: And further I do testify upon my certain knowledge that I heard Henry Ellitt tender the aforesd man to deliver the Indian woman unto him provided hee would give him Security under his hand to secure the sd Eliot from damage in case the Indian Squaw should make her escape from him, the which the sd man utterly refused to do, the which was the last of the discourse which I heard between Henry Ellit and the man before they parted and further Saith not.
This Testimony was taken before me. Octobr 1: 1679. Jn Stonington.
Samuel Mason Commr
Elliot’s Reasons of Appeal (S. F. 1919.10):
My Reasons are Vizt —
1: Because J did not entertaine the Squaw Contrary to Law. J had Georg Dansons ordr & aprobation for ye entertaineing of hir as by the testimony of Adam Dunkin and Juda Nubys which proues J was to bring hir downe Now how Could J bring hir downe exept J first Receiued & entertained her Soe yt my entertaineing hir was per his Consent & theirfore not Contrary to law, The first tearme in the Attachmt J hope is Answered & proued Voyde
2 Reason is because the Second tearme in the Attachment is Not true J did not Forster the Said Squaw Their is not any one of the Testimonys Say J did or any thing to that purpose
3 J did not deteine the Squaw Contrary to Law — Neither did J deteine hir at all from him or his order — J might Legally keepe hir Nay J humbly Conceiue must keepe hir vntill Georg Danson or his ordr demaund hir, J am very Confident that Jt will apeare to this honoured Court & Jury that Neither Georg or his order euer demanded the Squaw — Jf Soe then J was not in any fault in keeping hir — till Demanded, Jf it bee pleaded Shee was demanded by John Marsh at ye Apellants House J Acknowledg it, but deny that hee was Dansons ordr Jts true hee brought my Noate with him but noe ordr either Jndorsed Vpon the noate or otherwise Soe that Jf J had deliurd to Jno Marsh J had neither deliuered hir to Georg Danson nor his ordr and soe had broken my promise & obligation in my Noate, yet as apeares per Testimonies J did not detaine the Squaw but left hir to hir liberty to to goe or Stay And moreouer ofered Marsh to deliuer hir Jf hee would giue mee Security to defend mee from Danson in Case the Jndian Squaw should Make hir Escape & what more J Should doe J know not
Jf it bee pleaded The deliuery vp of my noate to mee would haue Suficiently discharged mee J Answer J humbly Conceiue Not Jf J owe 100£ per A Bill to A: B: or his Asignes. A. B. Drops this Bill & C: D takes it vp Comes to mee & demands this 100£ Jf J pay it am J discharged by haueing the Bill vp — And may not A: B: Recour of mee because J haue not paid either to him or his Asignes — Jf hee Canot then whosoeuer finds A Bill of Another mans is his Assigne theirby & the money due to him mearly by finding the Bill & what euill Consequence this would bee of J Leaue to this honoured Court & Jury to Considr J hope it apeares that John Marsh his demand was neither the demand of Georg Danson nor his order Theirfore J haue not detained hir Jlegally as is ye matter of Complaint in the Attachment —
But Jf it bee further alledged this Squaw was demanded by Georg Danson per the Attachment being Serued J Answer The Attachment was Serued in Boston, which was not the place of deliuery, The demand must bee made at the place of deliuery or else J humbly Conceiue it is noe demand — Now Stonington was the place of Deliuery as apeares. . . .
S. F. 1919.11
George Danson his Answers to Henry Eliot his Reasons of Appeale from the judgment of the County Court held in Boston by Adjurnmt from ye 20th of Octobr to the forth of Novembr 1679 Giuen in by his Atturneys (viz) Mr Anthoney Checkley & Mr Nathaniell Oliver —
My Answers to the Plaintifes interrogations which are two in [the] prologue (or rather preamble) are as followeth (viz) —
1 in modest & humble termes I denye their Critticall & Sophisticall assertion, for although Adam Dunkin & Judah Nubye, their testimonys doe imploye an order for Eliots entertaineing the Squaw sarah; yet it alsoe proues a limeted time; which was one weeke at first; & vpon ye grant of a fortnight, there was an absolute agrement, the non performance of which is a breach of bargaine or Covenant: there fore elegall on Sd Elliots part.
2 it is not reason to Say that hee did not foster the person of the Squaw that hee hath maintained & nurished by the Space of about fower monthes, which Mr Elliot: did, and is proved by dunkin & Nueby their testimoneys with his owne promise or obligation] vnder his Marke dated Boston ye: 28th August: 1679 but hee hath now detained her about eleuen monthes
3 it is inconsistant as well as incongruous with Mr Elliots whole case as himselfe by his Atturneys haue Stated the Matter in this Appeal to Say that hee did not detaine the Squaw contrary to Law: for these reasons —
1: hee tooke her vp as Shee was Mr Dansons Servant
2: hee brooke his agrement in keeping her aboue a fortnight
3: hee forced her against her owne will for shee said shee was goeing home to her master Danson againe
4: hee beate her extreamely to make her worke for him Selfe17
5 hee ownes it in his owne fashionable Letter which makes his detain[ing] of her elegall — for hee breakes all manner of order in it
Againe hee continues his dicourse vpon the frivolous plea of a lost: Bill my answer is that the Finder of it; had it in his power: to cleare the drawer of it (Soe that ye Law could not helpe the true Creditor to ye vallue of it) if the finder had but burnt the bill
Nextly here comes in 4 fantacies which call for 4 Answers that are breefe to avoyde prolixity; not dobting but the respectife Jury will compare them with the Conceited assartions
1: Danson hyred Jno Marsh to inspect and assist Elliot in his action[s] about the returneing of the Squaw, if possible to make Elliot hone[st] and had also deliuered to Elliot an Jrion Jingin made almoste like (pothookes) with a Rivett soe that it would come about her Necke, and a padlocke to keep it fast there but Elliot made noe vse of it: as is known to vs though hee might esily haue comanded her if that had ben put on
2: the three shilings adistionall money payed by Dansons wife make plaine the confirmation of the bargaine or that hee was to returne the Squall or bring downe Squaw to Boston, test Dunkin & Nubye
3: the former judgment in my conceite was 43s damage, because Eliot made Dason soe great a Looser by Sd Elliots deceitfull actings as is found by John Marsh, Mr Bichenson & the vndenyed Pothooks &ctr
4 because the place of deliuery was Boston there fore ’tis beleved and knowne the jury gaue wisely & advisedly 20: dayes for the performa[nce] of it, for there was noe new Agrement, but by prudence a Note obtain[ed] from Elliot to bee helpfull to strengthen what was alredy agreed on —
his 1:2:3: totaligies are answered before
4ly I admire this pece of aprehensiue & conceited fantasie aboue all the rest of the Appealants Witts that hee or they should now stammer and hackle about 151 or the or the returne of the Squaw when they might hau choose whether they liked best, and to this daye the now defendant desires his Squaw to bee returned vndamnified and his damages responded in reason rather then 301 the best money in New England, and it has ben said that Henry Elliot did Say if the jury had not aded 51 to ye 101 first agreed on hee would haue payed the money & Danson should neuer haue the Squaw — soe truste that this honoured Court & jury will See the extreme abuse & wronge in this Matter & giue just releife to him that prayes for your happiness
the Marke of
Boston ye 1st March 16⅞9/0 G D
Mr George Dansons damages to bee repaired by Henry Eliott.
|£ s d|
The Squaw Sarah to bee returned and delurd to her master with all convenient Speed or at least in some limited time or
That Eliot respond to Danson the hire of John Marsh who went to assist Eliot to bring down the Squaw
To return or pay for the lock & bolt
To respond the costs of the first Court wth the damages allowed
That hee respond the charge at the Court of Assistants for sd Eliot did there unjustly trouble sd Danson
That sd Eliot pay for the time hee hath detained the Squaw in his Service about fourteen months
Vera Copia attestr Jsa Addington Cler
The Court of Assistants (Records, i. 156) in 1679 reversed the former judgment and found for Elliot with 46s 2d costs. “Henry Elljot in open Court engaged that he would deliuer the Indian to George Danson or his order dead or aliue.” Nevertheless the case was reviewed at the April session, 1680, of the County Court, decided in the same way (copy of judgment in S. F. 1919.7), appealed by Elliot (Reasons in S. F. 1919.9), and again reversed by the Court of Assistants (Records, i. 167.]
Buckley conta Butler
Richd Buckley plaint. conta Iohn Butler Defendt The plaint. withdrew his Action: The Defendt confessing judgemt
Leverett conta Knight
Hudson Leverett plaint. conta Bathsheba Knight Admx unto the Estate of her deced Husband Iohn Knight Defendt in an accion of the case for refuseing and neglecting to pay the Summe of Fifty Six pounds Eighteen Shillings and one penny in money or thereabouts as shalbee made to appeare or what else shalbee made to appeare due upon the ballance of Accompt with due interest and damages: . . . The Iury . . . found for the Defendt costs of Court
Clowter conta Peck
Thomas Clowter or his lawfull Attourny plaint. conta Iohn Peck Defendt for witholding the Summe of Four pounds money or thereabouts due to this plaint. for about four months wages for an Indians Service onboard sd Pecks Vessell in his last voyage to Newfoundland as shall appear by writing under the hand of sd Peck with damages: . . . The Jury . . . found for the plaint. Forty Shillings in money damage for wages and costs of Court.
Mills conta Sise
John Mills Administrator to the Estate of Iohn Fuller deced plaint. conta Christopher Sise Defendt in an action of debt of thirty two pounds money due to the sd Fuller by bill under the hand of sd Sise dated. 4th novembr 1678. with interest and damages: . . . The Iury . . . found for the plaint. thirty two pounds Fourteen Shillings six pence in money and costs of Court. 
Whetcombe conta Townsend
James Whetcombe Mercht plaint. conta Peter Townsend Defendt in an action of the case for the Forfiture of his bond of two hundred pounds money under his hand and Seale bearing date. 21o December. 1677. by his non performance of Covenants unto which the sd bond doth relate as thereby shall appeare with due damages: . . . The Iury . . . found for the plaint. Forfiture of the bond two hundred pounds in money and costs of Court.
Whetcombe conta Ellis &ca
James Whetcombe plaint. conta Henry Ellis and Roger Rose of Boston Marriners or either of them Defendts in an action of the case for witholding from this plaint. the Summe of Forty Six pounds being the penalty forfited by the sd Ellis and Rose by not paying the Summe of twenty three pounds money before or upon the first day of October last as shall appear by bill under the hands and Seales of sd Ellis and Rose, with due damages. . . . The Iury . . . found for the plaint. thirteen pounds Fifteen Shillings money and costs of Court one pound three Shillings
Shrimpton conta Hudson
Samuel Shrimpton plaint. conta William Hudson Tavernkeeper Defendt in an action of debt for not paying the Summe of one hundred & five pounds or thereabout in money due by booke wth due damages: . . . The Iury . . . found for the plaint. one hundred and five pounds Five Shillings four pence in money & costs of Court being twenty nine Shillings eight pence.
Peck conta Clowter
Iohn Peck conta Thomas Clowter Defendt in an Accion of the case for witholding the Summe of Eight pounds twelve Shillings or thereabout money due to this plaint. as shall appeare by evidence with damages: . . . The Iury . . . found for the Defendt costs of Court
Hill conta Obbinson
Thomas Hill plaint. conta William Obbinson Defendt in an action of the case for refuseing to pay him the sd Hill the Summe of ten pounds in money due for one halfe yeares Rent due by lease, the. 29th of Septembr last past as will appeare by Lease under the hand & Seale of sd Wm Obbinson, being greatly to the damage of the plaint. and all other due damages. . . . The Iury . . . found for the Defendt costs of Court: The plaint. appealed from this Iudgemt unto the next Court of Assistants & put in Security to prosecute the same to Effect.
[William Obison, in 1676, took a seven-year lease of Thomas Hill’s tanyard, orchard, bark-grinding mill, and half his house, in the western end of Boston (lease in S. F. 1908.8) at a yearly rent of 20l, and established a tanning business there. It might be conjectured from our previous acquaintance with the Obisons, especially the goodwife (see case of Gilbert v. Obison, session of 31 October, 1676, above, p. 738), that the Hills would find them unpleasant neighbors; and such turned out to be the case. Hill appears to be identical with the man of that name who was involved in the previous case in the role of town scavenger. He refused to keep the bark mill and Obison’s end of the house in proper repair, according to several depositions (S. F. 1908.13, 20, 23), so that the bark mill, an essential part of the tanning plant, would not work. Hence Obison stopped paying the rent, and his goodwife performed her usual part of placing accent and emphasis on her mate’s slower movements:
S. F. 1908.17
The Deposition of Francis Ball aged about Fifty five yeares testifieth that this deponant being at Thomas Hills house to fetch away hides to tan for sd Hill, Willm Obbinsons wife came out of the house and Set a Lock upon the gate and hindred us from loading a Cart that then was there for that purpose, Thomas Hill asked why Shee did so, Shee made answer that Tho: Hill had no way there and should not go that way whereupon Thomas Hill tooke off the sd Lock & gave it her and carried away the hides that way, whereupon the sd woman tooke a naked knife & ran at sd Hill severall times indeavouring to stab sd Hill saying Shee would bee the death of sd Hill and after that Shee tooke up Stones and threw at sd Hill and hit sd Hill in his Neck almost hit him down and then Shee ran away and farther Saith not
Sworn in Court. 27o april : 1680. attests J: Addington Cler.
That this picturesque manner of paying the rent was not an article in the indictment, suggests that the Hills gave as good as they got. Hill appealed to the Court of Assistants (S. F. 1908.3), and Obison answered (S. F. 1908.5) in a manner of which this preamble is sufficient indication:
William Obbinsons answer to Thomas Hills reasons of Apeall is as followeth Jmpr And first the defendant saith that he finds so little of Law or reason in the paper he calls the reasons of his appeall such a long preface to it and so much tatollege: impertinences and dirt cast upon the former Jurie that he cares not to meddle with it but chuseth rather with the favour of this Honoured Court and Gentile men of the Jurie to say something as near as he can to the merrit of the case in wordes of truth and with what brevity he may
He further accused Hill of hindering his access to the common well, and letting his horse into the street, from which “it did evidently apear that his design was to destroy the defendant and ruinate him to all intents and purposes.”
What Obison called the “Gentile men of the Jurie” rendered a confused verdict (Records of Court of Assistants, i. 151):
The Jury brought in their virdict they found a speciall virdict: If the lessor not performing his part of the Couenant doth disobleige the lessee from his part of the Couenant then wee finde for the deffendant Confirmation of the former Judgement of the former Court & Costs of Courts If not wee finde for the plaintiffe tenn pounds in money & Costs of Courts the Court Resolues this question on the negative that the lessors non-performance of the Couenant doth not disobleige the lesse & determins for the . . . plaintiff that the deffendant pay the plaintiff tenn pounds money & Costs of Courts three pounds fower shillings & eight pence.
After which the parties started all over again, at the April session, 1680, for which see S. F. 1908.4–21, and Records of Court of Assistants, i. 161, 180. One document from the review (S. F. 1908.23) may be quoted for a curious word. Peter Aspinwall testified as to
the trouble and charge which sd Obbinson was at in removeing fourteen tan pits, his Stocke of Barke, and about twenty five dicker of Leather with the loss of all his Liquor or barke ouse, and do apprehend according to the best of our Judgemts that the loss hee Sustained thereby could be no less then twenty pounds in money.”]
Iohn Keen Assignee to Iohn Manset plaint. conta Samll Iohnson Defendt in an action of the case for witholding the Summe of Fourteen pounds fourteen Shillings Sterling money of New-England due by bill dated. 29. augo 77. wth damages. . . . The Iury . . . found for the plaint. Sixteen pounds Eight Shillings in money and costs of Court allowd twenty three Shillings
Execution issued 10: novr 79. 
Williams conta Greene
Iohn Williams plaint. conta Iohn Greene Defendt The plaint. withdrew his Action.
Holton to Byfeild
Iohn Holton of Northampton appearing in Court confessed Iudgement agt his Estate and person for twenty Eight pounds five Shillings and six pence to bee paid in money unto Nathanael Byfeild Executor of the last will of Capt Thomas Clarke deced
Thayer his Estate ordered
For a division of the Estate of Sydrach Thayer late of Brantery deced intestate amounting by Inventory to three hundred pounds cleer Estate: It’s Ordered that the eldest Son left by sd Thayer have Eighty pounds paid him as his double portion of his sd Fathers Estate when hee shall attain the age of twenty one yeares And the other Four Children left by sd Thayer to have Forty pounds apeice paid unto them when they respectively come of age as their portions of their sd Fathers Estate, And ordered that Deliverance his Relict widdow enjoy the whole Remaining Estate to the use of her and her heires forever Shee bringing up the Children at the charge of sd Estate untill they come of age or bee otherwise disposed of
Burnell ordered a Dowry
It’s ordered that Samuel Burnell of Boston pay unto his Mother Sarah Burnell Widdow Four pounds Sixteen Shillings money per Annum during her life, in leiu of her thirds of Land sold by him at Pulling point for Ninescore pounds wch was the Estate of his Father Wm Burnell to bee paid unto her by equall portions Quarterly at the begining of each quarter, hee to give Security forthwth so to do: Afterward Ordered that the Marshall levy the first quarter and put her into possession of the Roome Shee formerly lived in, in her Son’s house unless hee provide other to her content. Execution issued 27o novr 79.
Andrew Lane and Iohn Tucker of Hingham and Simon Peck of Milton tooke the Oath of Freedom of this Colony.
Bolter his Estate Setled
For a Setlement of the Estate of Ricd Bolter late of Weymouth deced intestate. It’s Ordered (that after his just debts and Funerall expences are duely paid and Satisfied) his onely Son Thomas Bolter have and enjoy the whole remainder of the Estate to the use of him his heires and Assignes forever.
Butler to Buckley
Iohn Butler appearing before the Honble Simon Bradstreet Esqr Govr and Edwd Tyng Esqr Assist 6th Novr 1679. Confes’t judgemt against his Estate and person for the Summe of Sixty Four pounds eleven Shillings in money to bee paid unto Richd Buckley mercht in full of a bill on file wth charges.
Attests. Isa Addington Cler
Execution issued: 11th Novr 1679.
Rice Find 40s
Mary Rice of Dedham convictd by her own confession in Court of committing Fornication and having a bastard Childe Shee chargeing Samuel Clarke of Muddy River to bee the Father of it and made Oath thereof in Court; Sentenced to bee whip’t with Fifteen Stripes or to pay Fifty Shillings in money fine to the County and fees of Court standing committd &ca Afterwards upon petition The Court remittd ten Shillings of the Fine. 
Samuel Clarke of Muddy River being charged by Mary Rice to bee the Father of a Bastard Childe late born of her body of which Shee made Oath in Court. The Court declare him to bee the reputed Father of sd Child according to Law, And Order him to pay two Shillings six pence in money per weeke to sd Rice towards the maintenance of sd Child from the time of its birth untill the Court take further order standing committed untill hee give Security for performance of this order and pay fees of Court: Accordingly sd Samll Clarke principall in twenty pounds, and Samll Garey and Iames Clarke his Sureties in twenty pounds acknowledged themselves bound in Court to the Treasuror of the County of Suffolke in the Summes aforesd for sd Clarkes performance of this order.
Andrews his Estate Setled
For Setlement of the Estate left by Iohn Andrews late of Boston Cooper deced intestate amounting by Inventory to Seventy three pounds Five Shillings cleer Estate: Jt’s Ordered that it bee thus divided and proportioned between Hanna his Relict widdow & his eight Children, Namely Five pounds to his eldest Son and Fifty Shillings apeice to the other Seven Children to bee paid unto them as they attain their respective ages of twenty one yeares, And the whole remaining Estate is Setled upon Hannah his Relict and her heires forever.
Thomas Davis of Medfeild convicted in Court by his own confession of Stealing a pair of blew drawers &ca from Hannah Manning widdow, and having formerly been convicted of the like and other Crimes; is Sentencd to bee whip’t with Fifteen Stripes and to pay unto the widdow Manning Fifteen Shillings money being treble damages according to Law and fees of Court and prison standing committd &ca And order that forthwth upon his discharge hee depart the Town of Boston and return not again under the penalty of being forthwth apprehended & whip’t
[Thomas Davis and John Egerton are described as “incorrigible theeves” in Records of the Court of Assistants, i. 189. For their “threatning if loose to burne the Towne” that Court ordered them to be taken out of prison, whipped twenty stripes, and then returned to confinement. A deposition in that case is in S. F. 24623:
The Deposition of John hill aged about 40 years or thereabouts and John Roberts aged about 27 yeares or thereabouts testifieth and saith that being in the prison betwixt nine and tenne of the Clock att night the 18th of this instant we heard two men both sweare and curse and use many Violent and threatening expressions severall times we asked Mrs Earle who they were that were in the Dungeon She replied and said they were Thomas Davis and John Egerton and further we testifie that being in prison Richard stone asked the abouesaid prisoners what chear. Thomas Davis said never the better: for you why said Stone are you ever the worse for mee then Egerton replied and said J am never the worse for noe body but for the Governour: and Councill or Governour and Magestrates & further saith not
[See Edgerton’s sentence, below p. 1157.]
Mary Mitchleson convicted in Court by her own confession of committing Fornicatn and having a Bastard Child; which upon the first discovery thereof Shee laid unto her master Thomas Gardner junr of Muddy River, but afterwards charged one Iohn Hudson to bee the Father of sd Child, and still affirming the same. Sentencd to bee forthwith severely whip’t with twenty Stripes and to pay fees of Court.
Gardner his discharge
Thomas Gardner junior bound over to this Court to Answer the Accusation of Mary Mitchleson as being the Father of a bastard Childe begotten on her body. The sd Gardner appearing together with the sd Mitchleson, Shee having since Fathered the sd Child upon one Iohn Hudson, and now held Stedfast to the same, tho would not cleere sd Gardner from having too much familiarity wth her: Upon consideration whereof and Testimony produced on behalfe of sd Gardner as to his good conversation The Court Acquit him of being the reputed Father of sd Childe and dismiss him upon paying the charge of prosecution.
Hudson dismis’t upon his own bond
Iohn Hudson being charged by Mary Mitchleson of being the Father of a bastard Child late begotten & born of her body, Shee having formerly accused another person to bee the Father And the Court not having sufficient proofe at pursent to adjudge him to bee the reputed Father of sd Childe, dismiss him the prison upon paying his Fees, hee giving his bond of Forty pounds for his appearance at the next Court of ye County 
Harris his Charge
Charles Harris privateer committd to prison and charged for Stealing great quantities of gold Iewells &ca out of Captn Lemoign’s Ship the Griffin and prosecuted for the same by mr Tailer & mr Wharton The other privateers who they Summonsed to evidence in the case, some of them appeared and others not The Evidences produced falling short of a conviction The Court with consent of mr Tailer and mr Wharton discharge the sd Harris from prison and order him forthwth to depart the Town & Colony.
Owen Ordered to depart from Boston
Thomas Owen being imprisond on Suspicion of Attempting to fire the house of Ioshua Nash in Boston: The Evidences produced concerning it falling short of a conviction; but severall testimonies comming in against him of being a very vicious ill disposed person The Court Order that upon paying his charges bee dismis’t the prison, and that hee do immediatly depart the Town of Boston and not to return again within ten miles of sd Town without leave from the County Court under the penalty of being forthwith apprehended by the Constable imprisoned and whip’t with twenty Stripes.
Bacon Find 10s & Admonisht
Frances Bacon convictd in Court by her own confession of prophane Swearing, being as Shee saith provoked. Sentenced to pay ten Shillings in money fine to the County to bee admonish’t and pay fees of Court standing committd &ca
Hopkin & Goss Find
William Hopkin and Phillip Goss of Roxbury being complained of by Sarah Bradbrooke for abuseing and beating of her &c On a full hearing of the case, The Court Sentencd the sd Hopkin & Goss to pay Five Shillings apeice in money as a fine to the County Five Shillings apeice in money to sd Bradbrooke, Five Shillings between them charges of prosecution & fees of Court standing committd &ca
John Indicott being presented by the Grandjury for Selling of Liquor contrary to Law; Upon consideration of the Evidence produced together with his own Acknowledgemt The Court Sentencd him to pay Five pounds in money fine to the County and fees of Court; sd Iohn Indicot appealed from this Sentence unto the next Court of Assistants & put in Security for prosecution of his Appeale to effect.
[There is on file in S. F. 1811.2 a deposition by John Breck, 8 Nov., 1679, as to receiving from Endicott “two parcels of strong Liquors about three gallons at both times, for which hee paid him some small matter afterwards.” “Jno Jndicott,” continues the record, “ownd in Court at the same time that hee deliurd Liquors unto Jno Breck, but said hee was never pd for it.”
John Endicott was a member of the jury of the Court of Assistants (Records, i. 155, cf. 153), before which he came as plaintiff on appeal. He was allowed to make his plea to the remaining eleven jurors, who found him “not guilty of matter of fact.”]
Solomon Robinson bound over to this Court to answer the complaint of William Coleman for casting ballast in to the Channell or places inconvenient, and not appearing upon due calling: The Court declared the bond given for his appearance to bee forfitd And upon the merit of the case, do adjudge him and his Sureties to pay ten pounds in money as a fine to the County according to Law, out of the Forfiture of their bond, and charges of prosecution and fees of Court mr Antho Checkley and Daniel Turill junr Sureties for sd Robinson being present at the declaring of this Iudgemt appealed therefrom unto the next Court of Assistants and put in Security for prosecution of sd Appeale to effect. 
Thomas Smith Senr having been imprisoned some considerable time untill this Court for his drunkenness. The Court Sentencd him to bee admonisht and to pay his fees and dismis’t him upon his good behaviour.
[Smith apparently had been in jail for two years, according to the endorsement on the document that follows (S. F. 1636.2):
The testymony of Brime morfee Aiged sixty yeares or ther Abouts testyfieth and sayeth that liuing in the hous with John Laingburys wife haue [seene] Thomas smith very often frequent this Laingbu[rys] hous in kiping her Company allsoe once the said smith wife Came to Call her husband away the said Laingburys wife tooke up the broume to beeat her out of dores
Margret morfee testyfieth to the same
the deposion of John Bradish aged about 31 yeares testifyeth and saith that liveing neare the house of thomas smith shipwrite hath often senne & heard his disorderly liveing following a corse of drukeness & madness in abuseing of his famely and naibors in turning his wife and children out of dores in soe much yt his wife often Complaines she is in feare of her life and is not able to abide along with him & hath often saide she must Complaine to athority for some corse to be taken with him;
[Or]dered that Thomas smith be Committed to the house of Correction & kept at worke E R S
Tho. Smith Comitted to ye house of Correction
8th Sept — 77.
S. F. 1636.1
To the Honorble John Leverett Esqr Govr with the Worpll Magistrates.
Elisabeth Smith wife of Thomas Smith humbly Sheweth That whereas her sd husband Thomas Smith is now called before yor Honora to answer for drunkenness and keeping company wth another woman; Jt is no small greife of heart to yor petitionr, that there is so much just occasion of complaining against him for his excessive drinking, for which hee hath severall times and that very lately suffered the law; hee being aged and weake and a man much given to passion that a small matter doth distemper him; But as to his accusation for keeping company with any other woman; true in former yeares hee was called to an accot by authority for such a misdemeanor but yor petitionr hath not of late known or heard the least cause for a complaint of that nature agt him though Shee hath been as diligent and observant as might bee to finde out his haunts and waies; differences have been between him and her Sons in law; which may not sometime have been without provocation on theire part which have proved very uncomfortable.
Shee humbly prayes yor Honors to consider him with respect to his yeares, his temper and temptation and Shew him what favor may bee consistent wth justice which shall alwaies bee acknowledged by yor Sorrowfull afflicted petitionr
Iudith Platts convicted by her own confession in Court of being with Childe in Fornication. Sentenced to bee severely whip’t wth ten Stripes and to pay fees of Court standing committd.&ca
mr William Tailer, John Scarlet and Captn Elisha Hutchinson Admrs of the Estate of mr Free Grace Bendall deced appearing in Court Novr 8. 1679. confessed judgement agt the sd Estate in their hands unto Benjamin Alford for the Summe of Five pounds in money remaining due upon a bond.
Jsa Addington Cler.
The Court Adjourned from Saturday. 8th to Thursday 13th Novr at nine a clock.
13th Novembr Ao 1679.
The Court met by Adjournmt
- S: Bradstreet Esqr Gor
- Edwd Tyng Esqr Asst
- Joseph Dudley Esqr Asst
Snelling his Estate divided
For a Setlement of the whole Estate of William Snelling and Margaret his wife late of Boston deced intestate, there being no Surviving issue of that bed (just debts Funerall expences and charges upon the onely Childe of sd Snelling after their death whils’t it lived and charges of its buriall being paid & discharged) Jt’s Ordered that the remaining Estate bee equally proportioned between Ann Davenport in right of her Brother Snelling, and William Rogers Son of sd Margaret in right of his Mother, the sd Rogers his halfe to bee paid unto Captn Thomas Fiske and Thomas Patch his Guardians, together with ye portion assigned him out of his Father Rogers his Estate: Ann Davenport produceing a Lre of Attourny from her husband Francis Davenport appealed from this Order or Setlemt unto ye next Court of Assists & put in Security for prosecution thereof to Effect.
[See Rogers his Estate Settled, above, p. 779, and Fiske v. Rawson, above, p. 1084. Ann Davenport, as attorney to Francis, appealed to the Court of Assistants, which dismissed the case because the appeal was not signed with her name. Patch and Fiske had pointed that out in their answer (S. F. 28803), quoting the General Laws and Liberties (1672 ed.), p. 4, to the effect that the party Appealing should do so “under his own or his Atturnies hand.” The case was later reviewed; see below, p. 1167.]
Legg Find 40s
Samuel Legg bound over to this Court to answer the complaint of Constable Gilbert for affronting and offering violence to him and takeing a warrant from him: the sd Legg being called did not appear, whereupon the Court declared his bond forfited; but afterwards appearing, upon hearing of the case, The Court Sentenced sd Legg to pay Forty Shillings money fine to the County, twenty Shillings to Constable Gilbert and charges of prosecution with fees of Court upon payment whereof the Forfiture of his bond is remittd
The Court Adjourned to Thursday 20th instant at eight a clock. 
20th Novembr 1679.
The Court met by Adjournmt
Douglas his Estate Setled
Jt being represented to this Court that Thomas Douglas late of Boston Marriner deced appointed Hannah his wife sole Execx of his last will & therein bequeathed his Estate unto his sd wife and the Childe or Children by him begotten on her body, the sd Hannah soon after dyed intestate, leaving one Son named Tho: Douglas, wch Son also dyed in his Childhood, and there being no Surviving issue of that bed Jt’s Ordered that the Estate left by the sd Tho: and Hannah Douglas bee thus Setled and aportioned. Vizt one halfe thereof upon the Children of Eliphalet Hitt in right of sd Tho: Douglas their Mothers brother, and the other halfe upon the heire or heires of mr Paddy in right of the sd Hannah: Captn Daniel Henchman Guardian to sd Hitts appealed from this order unto the next Court of Assistants and put in Security for prosecution thereof to effect.
[S. F. 1834.4
Boston March 2d 1679
To the Honord Court of Assistants now sitting.
Daniel Henchman on behalf of himself and Richard Woody, as Gaurdians to the five Children of Ann Hett sister to Thomas Douglas senr Their Reasons of Appeal from the Honrd County Court held at Boston by Adjournment Novembr 20th 1679. in the Case relating to the Estate of sd Douglas being all claimed by sd Guardians and half thereof is settled by sd Court on the Heir of Mr Paddy in right of Hannah the Widdow of sd Douglas
1. Jnheritances pas but one way to the Kindred of the father or the Mother not to both, and this Rule holds in other Jnheritances than Lands or Tenements, Likewise the blood of the part of the father is more worthy and neerer in judgment of Law then that of the Mother. Cook on Littleton Lib. 1. chap. 1. fo 12.13. And our Law Tit. Wills, Sect: 2. saith the next of kinn shall inherit, besides or first Law saith, where there is no expres Law, the Word of God shall determine, and that Numb. 27. 11 passeth the Jnheritance to the Fathers kindred, whence we conceive sd Hetts (being the next of kinn, on the fathers side) are Heirs to all sd Estate. And that Nathaniel Paddy (the only Brother of Hannah the Widdow of sd Douglas) that claimeth half sd Estate, being neither next of kinn or of the blood of the Douglasses, hath no right to any part thereof.
2. The Legacies given by sd Douglas are to his Relations without any respect to the Paddys, And the Estate given to his wife & child or children is to them all as Douglasses, & so to be improved, Which disposition necessaryly implys a Survivor, for had there bin children; the divission of the Estate had bin in thirds; but there being only one child it was in halves; And when the Mother dyed, the Estate was the entire right of Thomas Douglas her son, as sole Heir & Survivor, & who was by Administrators possest thereof
3. Although Young Douglass dyed a child & so without an Heir, yet dyed he not without an Estate, & that is not destitute of Heirs, which we with submission apprehend the sd Hetts to be: but whether it shall Center on the kindred of the Father or the Mother is what rests with the Wisdom of this Honrd Court; We also add that sd estate was sd Douglases before he maried sd Hannah, and he died with in about eighten moneth after; besides her portion or the greatest part of it which should have ben pd to her husband in Right of marriage, is possesed by sd Paddies
D Henchman for him selfe & Richard Woody
Despite this appeal to three kinds of law, the higher court was not impressed, and confirmed the settlement of the County Court (Records of Court of Assistants, i. 153). A copy of Thomas Douglas’s will is in S. F. 1834.3.]
Davenport his Estate Ordered
For Setlement of the Estate of Eleazer Davenport late of Boston Marrinr deced intestate being Six hundred pounds cleer Estate, Jt is Ordered that it bee thus proportioned between Rebecca his Relict Widdow and his two Children. Vizt two hundred pounds thereof is Setled upon and assigned unto the sd Rebecca, Widdow her heires and Assignes in leiu of all dowre and thirds, for her own maintenance and education of her Children: the remaining Four hundred pounds is Setled upon the two Children of sd Eleazer Vizt; two hundred Sixty Six pounds thirteen Shillings and four pence to Addington Davenport his onely Son, and One hundred thirty three pounds six Shillings eight pence to Rebecca his onely daughter, and that the Son have the house and Land at his choice in payment of his portion.
Matthews Find 10s
Daniel Matthews was fined ten Shillings for neglect of his appearance before the Court this day according to order And ordered a warrant to issue forth for his appearance before the Magistrates upon thursday next. 27o instant.
Matthews his Estate orderd
At a County Court held at Boston by Adjournmt 20th Novr 1679. and this matter referred to. 27. instant and then.
Ordered that the Estate of David Matthews deced intestate lying within this Colony bee thus proportioned and Setled, his Bror Daniel Matthews to enjoy the whole Estate of what was found here amounting to Fifty pounds, hee paying thereout unto his Sister Margaret Matthews Fifteen pounds money, leaving what Estate is lying at Block Jsland to after consideration.
Calley to Shrimpton
Joseph Calley of Boston Marrinr personally appearing before Simon Bradstreet Esqr Govr and Edwd Tyng Esqr Assist. 29. Novr 1679. and confessed judgemt against his Estate and person unto Samuel Shrimpton Mercht for Fifty four pounds two Shillings six pence to bee paid in money in full of the Condicion of a bond on file wth interest and costs.
Attests. Jsa Addington Cler.
Executn issued pro xbr 1679.