At a County Court held at Boston the 30th of ye 11 mo 1671


    • Ri: Bellingham esqr Gour
    • Major Eli: Lusher

    • Jno Leuerett esqr Dept Gour
    • Edward Tyng
    • Wm Stoughton

    Grand Jurie Returnd & Sworne vizt

    • mr William English
    • William Gary
    • Joseph Bates
    • Hugh Drurie
    • Danieli Preston
    • Robert Randall
    • Ri: Holledge
    • Samuell Clap
    • Thomas Fuller
    • Agustin Lindon
    • Samuell Wadsworth
    • Thomas Batly
    • Joseph Stow
    • Gregory Belchior
    • Thomas Lorin
    • Samuell Rugles
    • Jeremy Beals

    Jurie of Tryalls Sworne

    • mr Richard Wharton
    • Joseph Holmes
    • John Pratt
    • Edward Shippen
    • John Blackman
    • Josiah Lorin
    • John Curtis
    • John Gill
    • Isaac Bullard
    • John Watson
    • John Mills
    • Tho: Medcalfe

    [Peck v. Bonner]

    Thomas Peck plantiff against John Bonner Henry Lauton, & Ralph Flecher Defendts in an Action of the case for not satisfieing the said Peck for the hire of an eight part of the Katch called the Recouery for the space of eight months & a halfe at thirty fiue shillings per month in money as appears by Charter partie & other Due Damages according to Attachmt Dated the 17th Day of the Eleuenth Month 1671 . . . the Jurie . . . found for the plantiffe foureteene pounds seauenteene shillings six pence in Money the plantiffe giueing Security to repay & satisfie to the Defendt what shall appeare to be due vpon disburstments on the vessell according to charter partie & Costs of Court.

    [Several hundred documents in the Suffolk Files (1221, 1341, and 162121) relating to this case, and the subsequent litigation between Lawton, Bonner, and Ashton, enable one to reconstruct the story of the ketch Recovery’s voyage. John Bonner635 was master and originally owner of three quarter-parts of this little trader of 45 tons burthen. He sold one quarter-part of her to Henry Lawton, an Englishman, and one quarterpart to Ralph Fletcher in August, 1670 (bills of sale in S. F. 1221.36, 73). Thomas Peck, builder of the vessel and original owner of the fourth quarter, chartered, on August 3, 1670, one-half of his share to Henry Lawton, Ralph Fletcher, and Captain Bonner

    . . . For a voyage with her to bee made from Boston aforesaid vnto Virginia or Mariland or Both of them and from thence vnto the Kingdome of Ireland and from thence to England and from thence to Boston againe as her Last port of Discharge for 6 monthes certaine and Nyne monthes vncertaine Begining on the sd 23d Day of August, One Thousand Sixe hundred and Seaventy the sd Peck with Livetenant Richard Cooke themselues fraighting the said Peckes other Eighth parte thereof for the same voyage . . .

    The charterers were to pay Peck 1l 15s per month charter money until she returned to Boston (Peck’s protest, 12 July 1671, S. F. 1221.34).

    The Recovery sailed for Virginia under the command of John Bonner, with Henry Lawton supercargo, laden with the following cargo (S. F. 1221.48):

    Invoyce of Goods Shipped on board the Ketch Recovery, Mr Jno Bonner Commandr

    83 gallons rumm at 2s & 2d


    77 gall Rum & 74 at 2s & 2d


    2 pipes Medera


    6 quarter Caske at 2s & 6d per pa


    1 hhd Sugar: 7o 1:16, at 24s 6d C


    2 tunn beare wth easke


    10 barrells wth salt conta 40: bushells 2s bushell 6 barrells french conta 24 at 2s 4d 16: caske at 3s


    4 hhs Seugar cont 37o 2.0. at 24s C: is


    4 tun molasses at 11l pr tun


    7 barrells molasses & 7 caske


    4 Caske Suckets conta 3c 3:4. at 32s


    10 Hammocks at 12s & 2 fine ditto 20s


    7c Fish at 12s 11 10 jarrs of Oyle


    5 quarter caske


    29 gall: Brandy at 5s per gall


    1 barrell powder




    1 pr Stilliards


    a small Pr Can hookes








    The Cargoe above expressed goeth consigned unto Mr Henry Lawton to dispose of in Virginia or Maryland & soe for England or Ireland or both according to agrement & is for ye account & adventure of ye severall persons after named Viz. Mr Ralph Fletcher for one quarter part. Mr Henry Lawton for one quarter part. Mr Jno Bonner for one quarter part, & one eight more between the thre above sd Persons. One sixteenth for ye account of Thomas Peck one sixteenth for ye account of Richard Cooke

    Boston Sept 8th 1670.

    Henry Lawton

    Owned by the plaintiffe in Court ye 26th 6. 72 as attests

    Isaac Addington Cler

    Instead of leaving Virginia for Ireland, as the charter-party required, the Recovery made a voyage to Barbados and back to Virginia. In S. F. 1221.78 is her

    Invoyce of Goods Shiped Aboard the Ketch Recovery bound for Barbadoes on Acct of Ralph Fletcher And Compy And Consigned to sd Mr Bonner viz

    January 7: 1670

    3 hh & A parcel of tobcco

    qt 1273


    25 bushells pease at 40lb tobacco per bushell



    2072lb porcke Cost in tobacco



    7 barrels tarre Cost





    Errors Excepted


    per me. Hen. Lawton.

    For aught shown by the record, the voyage was a harmonious one until the Recovery reached Liverpool, at the end of her second voyage from Virginia. There, apparently, the rascality began. According to supercargo Lawton, Captain Bonner left the vessel “with none to take care of her” in order to make a visit to London; and after he had returned and the cargo was on board and the vessel sufficiently provisioned for an ocean voyage, he delayed sailing for three or four weeks under various pretenses. Five packs of goods, five hogsheads and five casks of cheese, “five creats of Pipes, & five or ten barrels” were taken aboard for the owners (deposition of mate Goodridge, S. F. 1221.88), but a part of the homeward cargo, received on board at Liverpool, November 24, 1671, was contracted for by Henry Ashton of Liverpool, merchant, who engaged for his own passage as well (Ashton’s protest, S. F. 1221.33). It consisted of six tons of goods and twelve servants to be transported to Virginia.

    The indenture of one of the servants, Robert Scofield follows (S. F. 1221.40):

    This Indenture witnesseth that I Robert Scofeild doe freely binde myselfe & Couenant wth Henry Ashton of Liuerpoole in the County of Lancaster Merchant with him to goe hence to Virginia in America in good Shipp called the Recouery of Boston there to dwell & serve him the Said Henry Ashton or his assignes mencioned on the backside of this present Indenture the full end & terme of fowre years from the Day of the Ariuall at the Said place to be fully compleat & ended during which terme the sd Henry Ashton or his Assignes is to finde his Said Seruant with meate drinke Lodging washing Apparrell meete & convenient & at the Expiracion thereof to haue two suits of Apparrell prouition for one yeare & fiuety Acres of Land to be Established on him for an Euer Lasting Inheritance according to the Custome of the Country In Testemony whereof the parties abouesaid to these presents haue Interchangeably Set their hands & Seales this 22th Decembr 1671

    Robert Scofeild & a Seale

    Signed Sealed & Deliuered in prsence of

    Francis Siddell

    Hen: Lawton

    After further delay at Liverpool, at which Ashton protested (S. F. 1221.91), Bonner made, on 19 December 1671, the first of several attempts to leave Lawton behind, apparently with the idea of making off with the cargo and selling it for his own behoof. John Ireland, one of the Recovery’s seamen, deposed (S. F. 1221.85) that when the Recovery was sailing to and fro waiting for a fair tide to clear the flats

    . . . in Liverpoole River, wee Saw two men on horse backe comeing along the Sands, and this Depont thought it might be mr Henry Lawton, and Spake to the master that they might go fetch him on board, and the said John Bonner replyed that if the said Lawghton would come on board he might hire a boate (there being none neere, for he would not send the boate for him, and said if he had Israel Milboroughs chest aboard he would go to Sea, & leave the said Henry Lawton behind, & neither stay for him nor the ship Dimond.

    Whereas Severall times this depont hath heard the said Bonner pretend before that, he durst not go out with out a Pilot, or some other ship or vessell in company, And further the said Bonner said to the Seamen, that if they would go to Sea, he would put mr Browne & his wife (that were passengrs) on shoare and all said Lawtons Servts, that were then on board, but two of Said Laughtons Servts were gone or rune away before, after they had been Shipped on board at Liverpoole: And further this Depont Saith, that the said Bonner did send the boate on Shoare for mr Ashton, and this Depont being in the Boate, the said Bonner bid him if he could meet with mr Ashton bring him aboard, & leave the said Lawton behind, for the said Bonner said if the said Lawton was left behind, they should not pay for a boate that was lost in Liverpoole. . .

    Ashton corroborated the main details of this story (S.F. 1221.9). Lawton obtained a small boat and managed to get on board the Recovery before she left port. On December 21, 1671 (S.F. 1221.91), she put in at Douglas in the Isle of Man, “whereat,” according to Lawton (S. F. 1221.5), Captain Bonner

    spent 9 weeks more as unnecessarily as the former, with nigh thirty people on board in wch time he pretended to waite the motion of A Ship that lay in the Harbor but when the sd Ship was ready to sayle & that pretence fayled, well knowing that the plaintiffe waited his motion he so far degenerated from his duty that he instigates the company to complaine to Authority for want of a Cable & pump & provisions, wch was not there to be gotten upon any termes as he well knew in wch time both himselfe & Company deserted ye Catch leaving the Haches open, the Ketch on ground, thereby exposing the Merchants Goods to be stolne & imbeasled as per Gooderidges Evidence no 3. & others, the plaintiff636 having to the great detriment to the voyage supplyed him with 5 barrells of biefe, 4 barrells of Herrings & one tunn of beare, the 3d or 4th day after his arrivall there as per Henry Ashtons Evidence No 8. & having combined with the men, in the neglect of their duty, now pretends the men will not sayle except the plaintiffe give bonds to secure them from Dammage, vpon wch the plaintiffe to save the voyage from vtter ruine, hired some fisher men to sayle the Ketch for some port in Ireland there being no seemen to be gott in the Ile of man, which the Defendt undr standing the next night being a dark night, with out the Plaintiffs privity, gott himselfe & company on board, & sett sayle with the Cetch, sending his boate on shoare for Mr Henry Ashton, with expresse order to leave the plaintiffe behind, but the plaintiffe being informed of his departure, hired a boate and followed him, as appears per Jno Irelands Evidence no 4 that the Defendt might the better deceive the Owners of a boate, by himselfe & company carelessly lost in Liverpoole after all wch sd Bonner still falsly pretending want of provision sayled for Dublin in Ireland, where the plaintiffe at sd Bonners Demand did again refurnish him with 15 barrells of biefe, 8 bushells pease 18ll¾ bread to the vallue of 30l money of England, as appears per account of victualling owned in Court & secretly after all this the Defendant draws a protest against the plaintiffe as supra cargo & then setts sayle with a contrary wind & leaves the plaintiffe behind in Dublin, not so much as leaving him any sustenance, thereby indeavouring to disparrage his credit & bring away not only his other Estate but chest & wearing apparrell & other necessaryes, intending his vtter ruine at once, & that he might leave nothing unattempted that might serve him in this unheard off iniquity, after he had sayled thence back to the Ile of man, from thence to fyall & there signed bills of loading for Virginia, but comes hither for Boston, breaks open the Plaintiffs Chest & Case, disposing of his writings, sundry of which were of concernment about some of the forementioned transactions, disposing of all according to his owne will & pleasure, improveing the plaintiffs Estate to purshase his peace with others more remotely concerned in this his unrighteous Actions,

    Most of these details are corroborated by Ashton (S. F. 1221.91), to whom Bonner admitted that his intention was to leave Lawton behind, “saying the voyage would neuer doe well if he did not leaue him,” which he did upon sailing from Dublin on March 14, 1672.

    The Recovery finally “cast anchor at Boston” on May 25, 1672 (S. F. 1221.51) after an absence of over twenty months—the original agreement having been for a voyage of nine months at the outside. Upon arrival, Captain Bonner was confronted with the judgment of court against himself, Lawton, and Fletcher for 14l 17s 6d, as recorded in the text. This was only the beginning of a long course of litigation between Ashton, Lawton, and Bonner; for which see Ashton v. Bonner on p. 141 below, and subsequent entries.]

    [Winthrop v. Alcock’s executors]

    Capt Thomas Clarke Attourney of Jno Wintrop esqr plantiff against John Williams & Ann his wife George Alcock John Alcock Palsgraue Alcock Mary Alcock Elizabeth Alcock & Joannah Alcock Executors & Executrices to Doctor John Alcock deceased Defendts in an Action of Debt of fiuety pounds for a hundred goats bought by the said Doctr John Alcock deceased about ten years since & all Due Damages according to Attachmt Dated the 24th of 11 mo 1671 . . . the Jurie . . . found for the Defendt Costs of Court which was seauen shillings & fowre pence.

    [Mead & Ingram v. Turner]

    John Richards Attourney to Capt William Mead & Ralfe Ingram of London plantiffs against Ephraim Turner Defendt in an Action of the case for non payment of the sume of tenn pounds sixteene shillings in London beeing the ballance due to said Mead & Ingram from said Turner for a parcell of Linen bought by said Turner of them the said Mead & Ingram Anno 1664 or 1665 with Due Damages according to Attachmt Dat the 7th Day of 10 mo 1671 . . . the Jurie . . . found for the Defendt Costs of Court the plantiff appealed from this Judgment to the next Court of Assistants & the said John Richards & Peter Lidgett in twenty pounds apeice acknowledged themselues bound to . . . prosecute his Appeale . . .

    [A copy of the bill for the goods in question is in S. F. 1104.14, on the same sheet as the power of attorney from Mead and Ingram to Richards:

    London 21th March 1664

    Bought by Ephraim Tumor of New England Merchant of William Mead and Ralph Ingram of London the goods following made vp in one pack marked & Nombered & per margent & delivered to the Said Ephraim Turnor.


    1 It Broad wt Canvas qt 36½:18½: is 54¾ ells at 18d per ell

    li 4:02:01½


    2 It 19 ells holland, at 2s 10d per ell

    li 2:13:10


    3 It 19 ells holland, at 4s 4d per ell

    li 4:02:04


    4 It narrow blewes qt 32¾·33 ½: 34¾: is 101. yds, at 10d per yd

    li 4:04:02


    It 5 ells of flaxen Cloth to wrape aboute yo truss at 10d ell

    li 0:04.02


    It 4 ells Course Canvas to pack in at 8½d per ell

    li 0.02:10


    5 It 52 ells yd broad Dowlas at 2s per ell

    li 5:04:00


    It Shipping Charges & Primage

    li 0:02:07



    The 28th Decemr Anno 1667 Reced in parte: li 10li

    William Mead

    Ralph Ingram

    . . . true Coppie as Attests FreeGrace Bendall Cler.

    A copy of the Bill of Exchange (or, as Turner claimed, Obligatory Bill), is in S. F. 1104.8:

    Boston in New England 16th November 1665

    Thirty Dayes after sight of this my first Bill my Second & third of the Same termor & Date not being paid I engage to pay or Cause to bee paid To Capt William Mead or his order in London the full & Just Summe of Twenty pounds Sixteene shillings sterling: being for the like vallue here Receed of Ephraim Turnor, for the punctuall performance hereof I bind my Selfe heirs & assignes as witness my hand

    Richd Thurston


    Richd: Wayte

    Ben: Phillips

    This is a True Coppie as Attests FreeGrace Bendall Cler

    The following correspondence is also on record (S. F. 1104.9–12):

    London ye 26th Febr 1665

    Mr Ephraim Turnor Sr

    Yours of the 20th November is Come to hand wth bill of Exchange wch I shall shew soe Soone as Mr Thurston Comes to towne but our Commodities are soe Extreemely risen & ye dangers of ye sea soe great that I have not adventured to send you any, fearing thereby to Incurr yor hard thoughts of me if they should Come Safe to yor hands wth is very Doubtfull there being warrs proclaimed as well against ye french as ye Dutch: Sr these are the need full from your Louing Friend

    Will: Mead

    In 1104.12 is the copy of a deposition made under oath by Eusebius Sheppherd before the Mayor and Aldermen in the Guildhall, London, to the effect that he witnessed “Henry Taylo of Boston in New England Chirurgeon” seal and deliver two bonds to Mead and Ingram, now shown in court and dated April 11, 1668; and that he saw “Thomas Norman Junior of Boston in New England Merchant” seal and deliver a bond to the same; and that Ephraim Turner bought a certain pack of merchandise from Mead and Ingram, on which 10l 16s ½d were still due.

    John Richards’ reasons for appeal of the case from this court have not been preserved, but John Turner’s answer is in S. F. 1104.5:

    John Turner as Suerty for Ephraim Turner his Answer to ye reasons of Appeale prsented by John Richards as Atturney to Capt william meade and mr Ralph Ingram in ye caise depending betwixt sd John Richards Atturney &c and Ephraim Turner.

    To ye first

    The Defendt hath proued by Capt meads owne letter bereing date 26 febr. 1665 yt ye Bill was a bill of exchange, & so owned by him. 2ly though not named in ye bill a bil of exchange yet it carrys ye forme of a bill of exchange wch a man draws vpon him selfe; for it is as much as an accepted bil, drawn vpon another, 3ly his hairs &c he sath are bound. I answer when a man hath once accepted a bill of exchange his hairs are bound, Lex mec. 266.637 4ly all bills drawne vpon an other & prsented by a publique notary when they are accepted he is a witnes to ye acceptance, if not accepted he protests them, wth in this caise was not done as it shold haue bene, & yt wthin 3 dajs at furthest acording to ye natuer of bils of exchange as apears in Lex Merct in ye aduise about bills of exchange fo, 16, 24, but it is no losse to mr meade nor weakening to ye bills of exchange yt they were witnesed. 4ly yt al ye 3 bills ought to be deliuered to ye Cr. is a mistake & Contrary to ye law of merchants one should be kept by ye receiuer of ye bill of exch. to sho he hath discharged his trust. yrfore ye bills Legally proued to be by Exchange.

    To ye 2d

    Great neede of a protest if not paid because wthout it Turner was left wthout recouery & must recouer if euer by power from meade, wch now he is for euer made vncapable of, if ye drawer were neuer so able, for want of a protest in time, 2ly for ye man going out of ye Country wth ye bill he drew vpon him selfe, it stoode Capt meade more in hand to prosecute him by protest, and also attaichmt for he might haue donne it by attaiching ye money in his owne hands, for Turner Knew Capt meade had suffitient in his owne hands of Thirstons to pay him selfe wth, wch was ye ocation of Turner receiueing Thirstons bill, & mr Richards could not denie in Court but he sent goods by Thirston yt voyage, wch might be suffitient to pay this bil, yt was consignd to Capt Meade, and though Turner promis by letter paymt of this 10l on Condition, yet it wil not bear yt inferans mr Richards maks but ye Contrary, for if Turner might haue had such a parsel of goods sent him then, wch he might haue gained much more by, then he would pay him else not. for Turner knew wel yt Capt meade had made Thirston his debtor & not Turner by receiueing part of ye bill to witt ten pounds as by leter 2 Ap. 1668, & yet had not protested his bill in time nor indeede not at al, so yt it neuer was recouerable by Turner as apears by Lex Merct fol. 264. and also as before fo, 16.24. it is conuenient a protest be drawne wthin 24 howers but must not exceed 3 dajs. yrfore now Turner is not capable to be put in power to receiue it though ye drawer were here prsent & neuer so able; for want of a protest according to Law.

    To ye 3d

    for yt ye pl saith yt ye defd alledgeth yr is one of ye bills yet in ye hand of Meade & yt it is but A bare affermation wth out profe, I would know whether ye pl use to take witnes what bills of exchange he incloses in his letters, but we know yt ye end of 3 bills of exchange is that too may be sent away and one kept, & yrfore it is vncharitable to say he beleues Turner kept 2 of them, for ye gentlemens repute we blemish them not.

    To ye 4th

    Sending a bill of exchange drawne upon a mans selfe and ye party yt it is sent vnto owes ye drawer a greater some for fright, I thinke it is not onely a fine way of returnes, but ye fineest way I can devise.

    To ye last

    That there once was such a debt & yt ye debt is not onely legally but honestly paid I hope hath bene proued, and if it be lost it is not Turners but meads neglect and losse, and ye Court gaue iudgmt according to Law & witnes, in this caise wch I doubt but this honrd Court wil confirme

    5. 1mo 1671/2

    John Turnor

    The Court of Assistants, on March 5, 1671/72, reversed the former judgment and awarded 10l 16s and costs to Meade and Ingram (Records of the Court of Assistants, iii. 212). Turner then pled for a review of the case (S. F. 1104.6):

    Ephraim Turnor his pleas for Reueiew of a Case tryed att the Court off asistants in march Last wherein mr John Richards atturny to Capt Wm Mead & mr Ralph Ingorum of London was plaintiff and I the said Ephraim Turnor Defendant:

    1st If I was Cast by mr Richards his plea that the Bill was not a Bill of Exchang but an obligatory bill therein he ownes It to be a Bill & Lex mercatoria In Aduice Concerning Bills of Exchang proous it to be a bill of Exchg: title whatt Exchange Is folio 1: where he saith Reall Exchange is nothing els but to giue or take vp mony in one Citty or town to the End to haue againe or Restore the Just vallue thereof in another town according to the price shall be agreed vppon Betwene the taker and deliuerer to allow or pay for the Exchange of mony and the Loss of time which will be from the time the mony Is taceen up or deliuered vntill it be Restored:

    2ly that I paid mony heer testefieth Daniell Turrell Senior that mr Thurston was to pay It In England testefieth his Bill which makes it by the Law aboue Recitted a Bill of exchange wherein he is obliged to pay by agrement the same vallue possitiuely in England that he took vp of mee heer

    3ly For Daniell Turrells Euidence It is New Euidence neuer in Court Before: to Answer a plea of mr Richards to mee that though Capt mead was to pay Thurston freight yet that was vppon the Shipps accott But that this was a partiquler debt thurston owed mee I Answer by that Euidence as written: It was vppon the Shipps aceott and were It Alowable for me to Sware in this Case I Coold Safely that the Shipp Coold not haue gone away If I or Sum other had not paid that mony and aboue as much more which I did pay

    4ly If still the Bill be denied to be a bill of Exchange the word Exchange not mentioned I Answer as aboue in Lex mercatoria folio 1 whatt Exchange is

    5ly If said it is noe bill of Exchange Beccaus heirs and assighnes bound in it to that I say matter & forme makes euery thing in Ciuills or other wais In this heer is matter its mony paid heer (for mony to be paid In England as in Lex mercatorea folio 1 title bills of exchang) as by the testemony of daniell Turrell for soe much paid him heer for the Shipps accott by Thurstons order and by Thurstons Bill for the Like vallue to be paid in England for Soe much Recceaued of me heer: which prooues it I hope a bill of Exchange

    6ly If it be said bills of Exchg are the greatest things Bindeing and Nothing Can be more strong: yet Adding heirs and assighnes takes not from Butt adds to If Any thing be so be Added and alters not the power of a bill of Exchange especialy a person drawing vppon him selfe: and for forme it is drawn att or after soe many dais sight of this my first Bill my Second and third of Same Teanor638 and date not paid: or of this my Second my first and third or of this my third now in Court my first and Second of the same Tenor and date not paid soe that heer is the forme as in the Bill and the matter mony paid heer for mony to be paid In England which makes it Exchange as Lex mercatorea folio 1 title aduice It being soe it is accepted by the drawer as by Capt Meads Letter in Court 26 of 12mo: 65: wherein he ownes it to be a Bill of Exchange and Richard Thurston being drawer and accepter is bound to Capt mead and not my selfe as saith Lex mercatorea folio 13 Title Aduice: A Bill of Exchange which Is accepted and att the time not punc[k]tualy paid: sum think If they Caus a protest to be made on such a Bill for non payment that by protesting the party accepting is freed and that they Reserue theire Right onely against the drawer (heer drawer and acceptor are one person) but the party accepting is soe far from Being freed by protesting as that he is more Liable which Is Richard Thurston not Ephraim Turnor

    7ly Besides this bill was accepted and the accepter therefore Ingaged as in folio 16 Title 24 houers for acceptance: and if it was verball acceptance (onely) which this Can not but bee as appears by Capt meads Letter yet that Bindeing title verball acceptance folio 17639

    9ly It Being drawn by the acceptor vppon him selfe and protest not made for non paiment of the whole or for part as Lex mercatoria folio 17 title accept for part Saith it ought to bee: you must take such his acceptance for part but Caus the Bill to be protested and send the protest away to the party that sent you the Bill: But Capt mead neuer sent mee nor I neuer saw the bills sent nor heard of It being Come to New England vntill 1671 which was many years after it was drawn (and accepted by the drawer as per Capt meads Letters in Court) who ought presently to haue protested the bill as Lex mercatorea folio 22: you must presently protest for non paiment of the Remaining Sum and the Receauing part of the mony vppon the Bill doeth not weaken the bill or protest for not payment or any Legall Coures against the drawer or acceptor (Both which Is Richard Thurston ∴ Not Ephraim Turner) but Rather strengthens the same, and the protest is to be made in three dais after the mony due that was soe many days after sight of the bill ∴ which was shown to Richard Thurston by Capt mead or his order as per his Letter and yet not protested nor Retturned Back to mee as he ought to haue done which If he had done with an assighnment on the back side to mee for what Left vnpaid I coold haue heer Recouered as John Turnor and Elizabeth Alden Can testefie ∴ thurston whoos wife went away about two year after him and Left heer more then Enuf to pay that which was after wards sent to her Besides aboue thirtene pound I paid for her to mr Simon Lynde and good wife Farnum who Can testefie the same soe that if the bill had Bene protested And againe Assighned to mee It being made positiuely to Capt Mead I Coold then haue Recouered it of his Estate and If I had not then might I haue Bene Blamed as Justly as Capt Mead now Suffers

    10ly further the acceptor of this bill which is Richard Thurston is Bound to the party to whom payable Saith Lex mercatorea, folio 27

    These things Considered I hope the Honored Court and Jury will finde not with standing all pleas of the Now deffendant and the word Exchange in the Bill omitted that it is a Reall Bill of Exchange Comeparing my first and second pleas together And noe protest being made in time according to that Law Lex Mercatorea folio 24 nor for non payment of part as folio 22 (which I desire may be perused by Court and Jury and Seriously Considered off) nor Retturned with Assighnment in time: for the Reasons mentioned that Richard Thurston Is the proper Debtor to Capt mead and not the Now plaintiff ∴

    And if he the proper Debtor then my Letter Noe owning of the debt as due from mee ∴ for that Is But Conditionall noe more then If Ephraim shoold say to William he will pay him soe much mony for Richard If John will Lett him haue such or such a percell of goods such or such a peice of Land which Condition If performed By William then Ephraim Is obliged But this Condition was Neuer performed By William Mead therefore Ephraim Turnor not obliged the promis Being onely made vppon Conditions and as an Incouragement to him to send mee ouer the said goods then writt for which If att that time I had Recceaued shoold haue gained by them more then that ten pound

    More ouer I sent two Bills home to England and Neither as yet I know off Retturned and though one be wch mr Richards vnwillingly produst ∴ yet the other may be deliuered vp to the drawer and acceptor viz: Richard Thurston vppon the Reseipt of the mony and If I forst to pay It againe then Capt Mead doubly paid which I doubt not woold bee

    The legal problems raised by this case are complicated by the unusual form of the instrument involved. It appears from the facts that Turner in New England, being indebted to Mead in London for goods as itemized, sent him an instrument for the amount due, payable to Mead’s order and signed by Thurston, a sort of agent of Turner’s who had received from him money or some other equivalent. Thurston was probably in Boston when the instrument was signed in November, but evidently it was expected that Thurston would be in London the following spring and pay the amount due.

    The normal course of business would have been for Turner to sign a bill of exchange ordering his agent Thurston to pay the amount of the debt to his creditor Mead. If such a regular bill of exchange had been drawn, payable thirty days after sight, then the law of merchants (which Turner’s answer has in mind) required the holder to present the bill as soon as practicable to the drawee (Thurston) for acceptance, viz., his promise to pay the bill, which he ought to write across its face. This presentation for acceptance would constitute “sight,” and the bill would then become due for payment thirty-three days later, three days of grace being added to the thirty days specified in the bill. When the day of payment arrived the holder must again present the bill to the drawee (Thurston) for payment. After either acceptance or payment was refused, then the holder had to give notice of the dishonor within a reasonable time to the drawer (signer) of the bill. Failure to make these two presentments to the drawee (Thurston) or to notify the drawer (Turner, it is assumed) of any dishonor would release the drawer from further liability on the bill or the original debt.

    But the instrument did not take the regular form of a bill of exchange discussed in the preceding paragraph. Although it describes itself as a bill, it seems to be really a promissory note, for it contains no order addressed to any third person as drawee, but only the promise of the signer to pay the specified amount to Mead or his order. Instead of drawing his own bill of exchange upon Thurston, Turner really gave a note signed by Thurston. In the first paragraph of his answer Turner interprets this instrument as a bill drawn by Thurston upon himself, but this construction would make no difference even if it accorded with the facts, because the English courts have treated such an instrument as a note. Promissory notes were in actual use in England in 1665, but there was considerable doubt whether they were negotiable instruments like bills of exchange, and the point was not finally settled until they were declared negotiable by Act of Parliament in 1704. This uncertainty may explain Turner’s attempt to treat this instrument as if it were a bill of exchange.

    The law of merchants did not require a note to be presented to the maker in order to make him liable. Consequently, Mead’s inactivity did not release Thurston. Turner was in a somewhat different position. He could not, as he tried to do, claim the benefit of a discharge under the law of merchants, since he was in no way a party to the instrument. His whole claim that he was entitled to the formalities of presentment and notice of dishonor, as if he had been the drawer of a regular bill of exchange, was unfounded. At the same time Turner may have had a real grievance. If he is to be believed, he supposed that he had paid his debt by this note and was kept ignorant for some years that Thurston had not taken care of it. He says that if he had known of the dishonor he could have reimbursed himself out of property belonging to Thurston, which remained in New England for more than two years after the note was given but was no longer available at the time of the suit. Probably this story of hardship impressed the jury sufficiently to get a verdict for Turner. However, it is uncertain whether there was a legal defense on the facts. Possibly the Court of Assistants thought that Turner should have communicated with Thurston in order to find out whether the instrument had been paid and not relied on the absence of information.]

    Hudson v. Marshall

    Capt William Hudson plantiff against Robert Marshall Defendt in an Action of the case vpon accoumpt to the vallue of twenty pounds fowreteene shillings or thereabouts & due Damages according to Attachmt Dated the 6th of ye 10 mo 1671 . . . the Jurie . . . found for the plantiff nine pounds & eight pence with Costs of Court wch was nineteene shillings & eight pence. [15]

    Marsh v. Machee

    John Marsh plantiff against John Machee & Sarah his wife Defendts in an Action of Slander for reporting that the said Marsh would haue bin nought with her the said Sarah & other bad speeches & other Due Damages according to Attachmt Dated the 22th Day of november 1671 . . . the Jurie . . . found for the plantiff three pounds Damages & costs or that Sarah the wife of John Machee make an acknowledgmt in open Court to the Satisfacion of said Court & Costs of Court thirty shillings & two pence.

    Lidgett v. Collins

    Peter Lidgett (attourney to Richard Sprague master of the shipp Arabella in the behalfe of mr Thomas Knights owner of the sd shipp) plantiff against Robert Collins Defendt in an Action of the case for not payment of his passage from London to New Engld in said Shipp & other money disburst for him there to the vallue of about thirteene pounds heere or that he serue said Knights or his Order the terme of foure years here according as himselfe declared when came on bord said shipp with other due damages according to Attachmt Dated the 13th of January 1671 . . . the jurie brought in . . . a spetiall verdict, That if a person inticed or perswaded aboard a ship by a kidnapper & there to declare his willingnesse to be transported as a servant & such person afterward but before the shipp sayle or leaue the land shall desire Dismicion & manifest his vnwillingnesse to proceede or be transported & shall notwithstanding be brought away & transported be by Law Liable to pay passage & necessary supplyes then wee finde for the plantiffe nine pounds fiue shillings in money with Costs of Court otherwise wee finde for the Defendt costs of Court, The Magistrates on perusall of this verdict declard for the Defendt Costs of Court the plantiff appealed from this Judgmt to the next Court of Assistants & the said Peter Lidgett & John Richards in twenty pounds apeice acknowledged themselues bound to . . . prosecute . . .

    [See Sprague v. Collins, above, p. 18. There is no record of an appeal to the Court of Assistants.]

    Williams v. Alcock

    John Williams (who married the Eldest Daughter of Mr John Alcock deceased & one of the Executrixes of his Last will & testament) plantiff against the Goods debts or Estate that was the Estate of Mr John Alcock Late of Roxbury phisitian deceased now in the hands of Mr John Greene as Agent or Attourney to Mr John Hull & the rest of the Guardians of the Childrens Estate of the sd Alcock Defendt In an Action of the case for refusing to deliuer to the said Williams his part of that Estate or for not diuiding the same soe that he might haue his just & full part of the same due to him by the last will & testament of the said Alcock appeareth which Legacy or Estate hath beene Due Long since shee beeing of Age but detayned to the great wrong and Damage of the plantiff & other due damages according to Attachmt Dated the 22th of ye 11 mo 1671 . . . [16] the Jurie . . . found for the Defendt Costs of Court.

    Cutler v. Hersy

    Samuell Cutler plantiff against William Hearsy of Hingham Defendt in an Action of the case to the vallue of seaventy pound for wrong don to him in withholding & refusing to giue possession of a howse lott lieing in Hingham contayning fiue acres of land formerly the land of John Cutler Deceased Due to the said Samuell Cutler by Inheritance & Due Damages according to Attachmt Dated the 20th of January 1671 . . . the Jurie . . . found for the plantiff seauenty pound Damage or the present possession of two thirds of fiue acres of land sued for & after the Decease of widdow Huett the plt mother the possession of the whole fiue acres with Costs of Court thirty nine shillings & six pence. The Court accepted this verdict but vnderstanding by the Townesmen of Hingham yt she vizt ye abouesd widdow is an Antient & necessituose woman the Court hath ordered that shee shall if Necessity requires haue the disposall of the third part of the said Estate to sell for her supply & vnto this Order the said Cutler in Court gaue his consent.

    Gibbs v. Joy

    Robert Gibbs plantiff against Thomas Joy Defendt according to Attachmt Dated the thirtieth of December 1671. ye plt withdrew his Acion.

    Woodmancy v. Joy

    John Woodmancy plt against Thomas Joy Defendt according to Attachmt Dated the 28th of the 10th mo 1671, after the Attachmt was Read ye plt not prouing yt legall sumons had bin giuen to the Defendt he ye said plantiff was declared nonsuited.

    Thair v. Rose

    Richard Thaire plt against Rodger Rose Defendt according to Attachmt Dated the 8th of ye 11 mo 1671 the plt not appearing was declared nonsuited.

    Lilly v. Stanes

    Edward Lilly plt against Richard Stanes Defendt according to Attachmt Dated the 17th of 11 mo 1671 the plt withdrew his action.

    Mosely v. Deacons

    Samuell Mosely plt: against John Pease & Arthur Mason Executors to the Last will & testament of Joseph Deacons Defendt according to Attachmt Dated the of mo 1671 the plt not appearing was nonsuited.

    Brackett & Brattle v. Capt Clarke

    Peter Brackett & Thomas Brattle guardians to John Hands Excecutor to his Father Marke Hands late of Boston Deceased plantiffs against Capt Thomas Clarke Defendt in an Action of the case for witholding sundry goods receiued from Mr John Doggett of London for the Acets of the aforesaid Mark Hands beeing the proceede of flue butts of sugar shipped from Barbados by Daniell Burr vpon the propper accoumpt of the said Marke Hands & consigned to the said Doggett for sales & due Damages according to Attachmt Dated the 25th of January 1671 . . . [17] the Jurie . . . found for the plt vizt that ye Defendt produce & shew to the plantiff within two months all Aduices accounpts Invoyces and Bills of Loading which Mr Doggett hath at any tyme since the yeare 1660 sent to the said Capt Clarke hauing referrence to fiue butts of Sugar shipped from Barbados to the said Doggett per order of Mark Hands & in case that any such papers cannot be produced that the Defendt doe vpon Oath according to the best of his remembrance & knowledge comunicate the contents & purport of such papers as shall soe be wanting & that the Defendt pay according to what shall then appeare to haue beene the said Mark Hands his Interest either in ye halfe or whole of the proceeds of such sugar the first Cost of goods came to his hands with the Aduance of fowre pence vpon Euery shilling & the Interest of Eight per Cent to this tyme in money or that the Defendt vpon default therein pay to the plts one hundred & forty pounds in Money with Costs of Court the Defendt appealed from this Judgmt to the next Court of Assistants & ye sd Capt Thomas Clarke & Ensigne John Richards Joyntly & Seuerally acknowledged themselves bound to . . . prosecute his appeale . . .

    [The following documents, from S. F. 1090, explain the Barbadian transactions which were involved in this case, and throw light on the close commercial and personal relations between Boston and Barbados, Virginia, and “Manadoes” (New York). John Stoughton is perhaps the younger brother of William Stoughton, mentioned in the will of their father, Israel Stoughton, 1644, and according to Savage “never heard of after.”

    S. F. 1090.4

    Barbados June 24th 1661


    I Received yore per mr Colby wch were very Sharpe, I hope I shall endeavor to give no occation of any more of ye Like, also I receiv[ed] yors per Joseph Grafton wth ye order & Statues but ye bill of Loading gives mr Eggington ⅜ of all & your Letter mentions ¾ one for ye Acct of yor Selfe & marke Hands ye 2/4, on yor owne Acct I, sell for lll per foot I shall returne ye efects per mr Joseph more wch will goe home as Soone as Mr Hilton, the Ketch providence hath a voyage for Serrenam wch I hope will turne to Acct, please God yt wee have had 13, or 14 ships Cast on shoare, I had 19 butts of Sugr one board Bugbe & pleased God he ridd out well, it was one yor Acct of Trottles Debt; I shall send all yt Debt home this year besides a considerable Summe on ye other Account, I have been 3 days on the Jury last week & now must attend ye whole Court two days wch causes mee, To be breife per Joseph More I shall Enlarge wch I Supposee will be home as soone as Mr Hilton, not else but Remayne yor faithful Servant.

    John Stoughton

    The following unflattering inventory is in S. F. 1090.2.

    An Inventory of all such Goods Mr John Stoughton died possest of, or had, or had at ye time of his Decease In his Charge & Cust[ody]

    • 1 Stone horse, 1 Gelding Lame & Sickly
    • one man Negro named John & one Negro boy named Peter
    • One beam Scales & 882ll of Leaden waights
    • Three bbs flower, 2 firkins of butter, bad
    • 1 Iron pott, 1 pewter bason; 6 butts wth Sugr almost full ye Contents not knowne. 1 hhd & 1: barll of Rum & 1 hh wth a Small quantity in it.
    • bbe of Stinking beife, 1 empty butt: 1 empty hhd, a parcell of Deals Contents not knowne,
    • a dozen of new hamocks, 3 old ones a Small parcell of Cotten about 200lb
    • a Case of Pistolls & holsters a pockett pistoll & rapier a Sett of bandaleirs 3 pair of breches one Dublett & Loose Coat, 2 old hatts, 1 pair of Silver buttons for breches one Sett of Silver Ditto for Neck & Coller a sett of Silver shoo buckles a Silver ginie hatt band, a Small gold Ring, a Small hoope gold ring, a Silver Seale, a pair of Silk Stockins
    • shirts, 5 Striped Neccloths, 4 white Jackitts, 9 Napkins 2 table Cloths,
    • pair of Linen Drawers, 1 pair old Riding stockins, 1 pr old Silk Stockins a holland neckcloth, 2 handchercheifs, 3 bands,
    • a purple Cotton morning gowne one Rugg,
    • 1 English Case wth 9 bottles, 9 books written in Concerning Accots Severall piles of writings, Seaverall Small papers Loose, Seaverall Noats & ribles in Small boxes & bundells a Looking glasse, a Ceder Deske a[bout] a Reame of paper.

    This Came enclosed in a letter from Daniell Bur Dated ye 22th January 1661 In wch he writes I have sent also an Inventory taken per me Richards & me Cook of ye Goods mr Stoughton died possessed of & had in his Custody &ca

    The following account (S. F. 1090.6) is reckoned in pounds of sugar:

    1661 Barbados; Marke Hands is Debter unto Severall Debts paid for Accot of John Stoughton

    1661 Per Cont: Creditor





    Edw: Cole



    By Sugar Reced from Tho: Rowse



    To Essabell Walker



    By 5 butts Sugr Left in ye house & one butt wth a Small quantity in it wth the Butts



    To Joseph Seaton



    By Sugr from Joseph Seaton & Thomas Dymon



    To Ditto Obadiah Rume



    By Ditto from mansel Brando



    To Edw Hussey



    By Ditto received from Tho: Culpeper



    To Leanard Sathem



    Reced from Robert Crober



    To Sam: Hanson



    By reced from Abram Kemball



    To mr Buckley



    By Tho: Powdreth



    To John Rithop



    By Abram Kemball



    To James Haydon junior



    By mr Dalathy



    To Will: Rush



    By Sion Hill



    To David Morgan



    By Capt James White



    To Mr Chandler



    By John Sewell



    To James Cawes



    By Tho: Culpeper



    To Jeremiah Eggington



    By Tho: Abbett



    To Will Rope



    By 3 galls:3 quart rumm



    To Nathaniell Patridge



    By 36lb of Candells at 1ll per lb



    Thomas White



    By Abnell of Froneth



    To So much paid for a Letter of administraton



    By Nath. Pattridge



    To 5s pd ye Clarke for a Coppie of a Noate



    By one bl: rumm & bl:



    To 70li Sugr pd Nath: Patridge



    By 7 water bl:



    making a studs for the house & shoats for windowes



    26 gall: ¾ rumm & a barll



    Disburstmrs upon ye Ketch providenc



    By Rumm Reced from Major Hawkins



    Disburstmrs on ye ketch Content



    By 237lb Cotton



    1 hh of bread dd math: Clarke for ye use of ye Elizabth



    By Neet Sayles of a parcell of goods Jno: Stoughton left



    To Severall Cloths wch were John Stoughton’s



    By a Noat of Tho: Rowston



    To old Cloaths for ye Negro



    By Hen: Feak



    To a rundlett of Sugr for your use aboard



    By Jno Patridge



    pd John Corthue for your Expencis




    To apar of Stockins for Ditto



    A Coppee of an Acct given Marke Hands by Dan: Burr



    To Joseph Seaton for Ditto



    This is a True Coppie as Attests FreeGrace Bendall Cler.


    To pd Tho: Dimondo for Ditto




    To pd Wm Greenoh per you 69:1 pr stockins




    To pd Jonathan Hill for you




    Execution for you




    To 1 hh Rumm & hh & bringing from Loand




    To 80li of Sugr pd ye Cuntery




    Taking in a parcell of Rumm Reed from Hawkins




    By my Commissons for ye abovesd Disburstmrs at 5 per Ct being 20[6]84 shoger.




    To Goods Laded aboard ye Ketch providence for Virginia for Acct of Capt Clarke & yor selfe




    To goods Laden on board the Hope of London Amos foard Commandr




    for keeping upoone house 2 mo




    paid Joseph Grafton for ways





    S. F. 1090.5

    Barbados August 4d 1662

    Mr Winsloe and Loving freind, I make bould Still to troble you.

    I have sent you a Coppy of Letter Sent Once againe to Capt Clarke & Accot pray take Opportunitie to peruse them & Lett my Cousen Everill See them yt you may Speak to Capt Clarke at yor Leisure yt wee may once Come to a Conclusion, If Mr Winsloe doe not receive 2 hhe of Sugr of Mr Culpper I shall Send you 2 hhs per Mr Prout I am Very Sorry it is not yet paid if possible I can gett in any you shall not faile I have sent you bill of Laden for 5 butts Musco Sugr Shipt per David Burr for my particular Acct Consigned to Mr Daggett wch Capt Clarke layes Claime to, but desire you to Receive the produce when Come to hand, I have sent Some 6 Sugr Loaves, One to yor wife one to my Cousen Everill One to Goodee Briggs One to my Sister Hannford One to Mrs Flint & one to Hitte per Mr Winsloe I have sent you home a pair of Pistoles & holsters a rapier a bow, a draught of a Ship to hang up in ye hall, I have sent 20/s in mony to John, pray doe not Lett him Spend to fast & 20/s To Hitte & 40/s to Goodee Briggs, Goodee Briggs Saith she hath disburst Something for Hitte, yt I would have her Sattisfie herselfe, her mother Left ye charge of Hitty wth Goody Briggs which I would nout have my Children to be chargeable to any body (though trublsome) Soe long as I Live, pray gett ye pistolls & ye rapier fitted that they bee not Spoyled & Lett John pay for them out of his Money, Pray remember my Love to yor good wife & children & my Children, Soe I Leave you to God and Remayne

    yours to Command Marke Handess

    . . . true Coppie as Attests FreeGrace Bendall Cler.

    S. F. 1090.7

    Barbados Agust 4d 1662

    Capt Thomas Clarke

    Sr yor Last receaued bearing Date 16 June Last wherein you Expresse a great deale of dificulty in Diuideing Our Debts & howse but rather should be sold, debts parted & you should receaue yor sugar, but heere is no such quick Sale for howses in Barbados at present neither the Debts soe hastily receaued, my Desire hath bin any tyme this three years for a Diuicion but could neuer gaine itt which is to my great Losse. Is it not a sad thing that a man shold be kept in partnershipp Joyned for two years all Dayes of his life & after Death his Children may be ruinated & neuer bring things to a period, how oft haue I prest vpon a Diuicion & how oft haue you promised it shold be soe & now send mee word that you would haue the howse Sold & the Debts Diuided, soe that my part of the howse must lye for your particular use & neuer receaue one hhd of sugar from itt soe long tyme pray Sr observe the Golden Rule & Doe as you would be done by I was neuer bound prentice to you for all Dayes of my Life, Inclosed are acct of proceedings in Virginia for Mr Langworth acct Capt Eginton & mr Gale charge you with ¼ part beeing the Order of John Stoughton which acct also is inclosed, heere also acct in Menados & fairfeild & if you please to haue the particulars (owned per Capt Egenton & mr Gale) I shall send them to you Daniell Bur is goeing ofe & will medle no more wth your buisnese. I haue Left the buisnese with phelick Sanford onely to pay mr Gard that wee may not be Exclaimed vpon as receiuers John Stoughton hath receaued As appears of mr Gards sugar since I went to Virginia about 30 or 40000li what hee hath don with itt I cannot informe which you are sensible cannott but bee to my great Damage haueing Long wrought for itt, heers acct of your particular whereby you will see Jno Stoughtons Expences proued by Oath, I haue not since my goeing ofe to Virginia had one hhd of sugar shipt ofe per Jno Stoughton tho. haue bin at halfe charge for Storeidge howsekeeping & a Man agt him vpon my acct & particular charge & haue acct of no goods shipt for my acct soe yt you cannot be vnsensible of my great Losse, there is no comicion charged for your owne goods sales nor returns which I thinke is a great deale of Injustice that I should haue noething don & you all for yorselfe, I haue got Some freinds to settle Jno Stoughtons acct & haue sent you a Coppie I carry no Estate to Virginia of yors but yor ⅛ part of Katch content nor none can at present be gotten but what may bee goes to pay mr Gard, heere is 14000li sugar yt is found yt Jno Stoughton shipt ofe for your owne acct what more I know not nor what became of the rest I left the acct Balla per acct of Sales & haue not had shipt ofe since out of the Joynt acct one hhd nor vallue of sugar for my particular 5 Butts of sugar Daniell Borr shipt ofe to mr Doggitt for my particular acct which was for meat I brought from Virginia & one horse I sould & now you write it is the Joynt Sugar which is noething soe I haue sent the bill of Ladeing to mr Winslow to proue the sugar shipt ofe for my particular acct I desire you would not medle with itt but deliuer it to mr Winslow if mr Doggit sends itt, your acct betwixt you & mee God willing I will come home in May & cleere, Capt Egginton & I haue not yet made vp accts for Seuerall Voyages but hope shall cleere before I goe away, for your part he desires to send a Lettr of Attourney to call him to acct & that hee may be discharged & he will send you home to cleere itt so he does per many men yt hee may be cleere, & for buyeing & selling the Catches I haue don noething in itt Joseph Grafton is well ariued in England I haue Left my order with phelick Sanford therefore if you please to send any one ouer or appoynt any to Diuide the Debts & Estate heere shall be well satisfied yt I may once be cleere, as for the 100li at Manedos the ship was not come in when Capt Moore Sayled thence as per Johannes Van Brogens to mee Expresseth by first conveyance hee will send it you: By mr Prout shall send a cleere acct when haue made vp with Capt Egginton. heers ⅛ part you haue in prouidence more then I. heers 14000 sugr out Joynt Stock more then I heers a great deale of sugar gone out of ye Joynt Stock to mr Gard to make John Stoughtons acct good 30 or 40000li sugar which brings all to little what became of ye bords by the prouidence I can finde noething of them as well as of a great Deale more what neglected now shall informe per mr Prout not clere but that I am

    yor faythfull freind & servt

    Mark Hands

    This is a True Coppie as Attests FreeGrace Bendall Cler.

    Since I left the Island John Stoughton had a trade of Shooting at the hole 500 or 1000li sugr a shoot which I feare wasted much the Estate, The Lord Winsor was heere wth fiue shipps (per ordr from the Kyng) & haue carried away many passengrs with him to Jamaico & what of or Debtrs are gon640 I Know not, for the firkin of Butter I receaued of Mrs Stoughton haue deliuered to Daniell Bur he hath deliuered the produce to you pray deliuer it her

    . . . True Coppie as Attests FreeGrace Bendall Cler.

    S. F. 1090.8

    The Testimony of John Winslow Aged 75 years or there abouts

    Testifieth & saith that about the year 1661 when Marke Hands whent last from this place & Leaving wth me Some trust about his buisness & Especially about his poore Children yt were motherless for whome he did take more then ordnary Care & Especially yt now he was Like to Leave them fatherless too at present he desired me to bee Care full over them in his abcesnce & to see yt thay did not want for nothing yt might bee for their good & Comfort and he did promise that he would take Care to send means for their Comfortable maintenance & yt he had or would send 5 butts of Sugr unto Mr John Doggett of London ye Effects of wch Sugr should bee ordred unto me here in New-England for ye use of his children, and to pay Some Small Debts he did here owe, as also he did tell me yt he had or would order Joseph Grafton who was bound from Virginia unto holland in a vessell wherein yt Said Hands was Interested to deliver yo Effects of what Intrest was his in ye vessell for ye vse aforesd: as also after his departure hence he did advise me by Seaverall Letters yt Daniell Burr had by his order shipped ye Said 5 butts of Sugr for ye propper Acct of Marke Hands and Consigned them unto Mr Doggett now ye year Mowing Capt Pearce coming here I did aske him if mr Doggett had shipped any Goods aboard for ye Acct of Marke Hands, but he Said no, but he had shipped Some & Sent them unto Capt Clarke, now I Supposing these Goods might bee the goods Marke Hands had given me advise of I went unto Capt Clarke to Demmand them as Marke Hands his Goods he did owne them to bee Such a parcell of goods & yr returns of ye 5 butts of Suger but would not owne them as Marke Hands and asked me how marke Hands should come by such an Estate of his owne I replyed & asked him how he & other men Came by their Estates, and that, yt was very hard if an Industerous man in so many years as he had been in Barbados & Soe good a time of trading Could gett Soe much of his owne yt was very hard, but at Last he did tell me yt if I would take ye one halfe I might have yt for he Supposed yt Came out of ye joynt Stock, I did reply I would have all or none and so parted but upon Second Considrations haveing occation to pay Some Small debts for ye Said Hands I went unto Capt: Clarke & was content at present to take ye one halfe but did never See ye Invoyce of ye Goods nor what there was come but he did tell me there was ten barlls of Pouder & as I remember Some Ruggs & other Goods the halfe of wch he said I might have I did at present take one bb: of pouder & presantly after Capt Clarke fell Sick at mr: Treeks and there I went unto him for another wch mr Treek did Deliver me & before I went for any more here Came News of mr Hands his Death & then Capt Clarke would lett me have noe more, though I did make yt appr by a bill of Loading that Mark Hands did send me and did shew yt unto Capt Clarke wherein was Expressed ye 5 butts of Sugr Shipped by Daniell Bur for ye proper Acct of Marke Hands and Signed by Amos foard who did Carry ye 5 butts from Barbados to London but this bill of Lading I cannot Since finde and know not wether I Left yt wth Capt Clarke in his Counting House or not, also there is Severall Letters yt I did make yt appeare to Capt Clarke yt he had nothing to doe wth ye Goods yt he hath Kept all but ye 2 bbs of powder Neither did there ever Come ys worth of one peny to me of ye Goods shipped in Joseph Grafton or any acct: of yt and further Saith not.

    John Winslow

    Sworne in Court ye 31th 11mo 1671 as Attests FreeGrace Bendall Cleric.

    Clarke’s reasons of appeal have not been found; Brackett’s and Brattle’s answer thereto (S. F. 1090.3) alleged that there was no effect in the summons, and reviewed the facts in the case, with a good many references to “widdows” and “orphants.” “His pretence of producing an account in company to yc last court is a meer collusion . . .”; and in conclusion:

    . . . it is humbly hoped that it will be evident yt ye orphants Interest is unjustly detained or interrupted by ye now [plan]tiff under colour and pretenc of partnership, & that upon that single con[sidera]tion the judgment now appealed from is just and legall, and that the cours of commerce and faith that is given in trade, reason, reputation, religion, & definitive law yt is established by ye most high & just judg. Exodus. 22. 11th determineth yt an oath of ye land ought to be between us, or if ye goods be by any dividable Interest torn in peices, let him bring it for a witnesse. And in yt judgment yt ye only wise judg shall direct this honoured court to give we shall acquiesce in ye orphants behalf, & pray yt in this & in all other your determinations yu may have divine assistanc and direction,

    Your honours Suppliants and servants.

    Tho: Brattle

    Peter Brackett

    Boston the 5th of March 1671/2

    See also the next two entries in the text, and below p. 79.]

    Brackett &c v. Clarke

    Peter Brackett & Thomas Brattle Guardians as aforesd against Capt Thomas Clarke Defendt according to Attachmt Dat ye 25th of January 1671 the plt withdrew his Action.

    Brackett &c v. Clarke

    Peter Brackett & Thomas Brattle Guardians to John Hands Excecutor to his father Marke Hands plaintiff against Capt Thomas Clarke Defendt in an Action of reveiw of a ease tryed at a County Court held at Boston January 1666 wherein Judgement was giuen against the said Brackett & Brattle as guardians vnto the said John Hands in the sume of two hundred six pounds six shillings & three halfe penny & due Damages according to Attachmt Dated the 25th of January 1671 . . . the Jurie . . . found for the Defendt costs of Court which was eight shillings & nine pence.

    Brackett &c v. Kent

    Peter Brackett & Thomas Brattle as abouesd plantiffs against William Kent Defendt in an Action of the case for withholding the third part & better of Rent due for the howse that the said Kent Liveth in beeing to the vallue of tenn or Eleuen pounds in Money & Due Damages according to Attachmt Dated the 25th of January 1671 . . . the Jurie . . . found for the plantiffe Eleuen pounds in money & costs of Court twenty three shillings & two pence.

    Execucion Issued ye 15th of ye 1st mo 1671/72 for 12li 3s 2d [18]

    Sauage v. Smith

    Thomas Sauage Junr plantiff against Capt James Smith Defendt in an Action of reveiw of a case tryed at a County Court held at Boston for thirty six pounds due for the said Smiths wiues passage & his Childrens from England according to Attachmt Dated the 10th of January 1671 . . . the Jurie . . . found for the plantiff twenty sixe pounds in money & costs of Court which was thirty six shillings & fowre pence.

    Atkinson v. Williams

    Theoder Atkinson Senr plantiff against Capt John Williams Defendt according to Attachmt Dated the 24th of January 1670. The Court (haueing considere the Attachmt with what was producd & proud in Court against the plantiff Theoder Atkinson) doe Judge that as there was no ground of Action, soe it was a vexatiose suite contrary to ye Law title baratry641 & therefore fine him tenn pounds fine to the County & fees of Court standing comitted till the Sentance be performd. Theoder Atkinson appealed from this Sentance to the next Court of Assistants & the sd Theo: Atkinson in tenn pounds & Peter Brackett & Tho: Matson senr in fiue pounds apeice acknowledged themselves bound to . . . prosecute his appeale . . . & in ye meane tyme bee of good behauior.

    [John Williams was a merchant “of Southwark near London,” and Theodore Atkinson a feltmaker of Boston. This case had been dragged from one court to another for a space of ten years or more. It is adequately dealt with up to this point in the printed Records of the Court of Assistants, iii. 137–8, 147, 203–7, and the unfavorable result of an appeal from this judgment to the Court of Assistants, March 12, 1671/72, is on p. 215. See also below, pp. 95, 247. In the meantime, owing to a disagreement of bench and jury in the Court of Assistants on September 5, 1671, (on the occasion of an earlier appeal), the General Court heard the case, October 8, 1672. It judged that Williams should recover 217l 16s 3d from Atkinson, and issued a writ of execution (return of writ December 3, 1673 is in S. F. 1276.18; cf. Records of Massachusetts Bay, iv2, p. 539, 571). Atkinson appealed again to the General Court, October 19, 1672 (original signed in S. F. 1276.26), and apparently in vain. Not discouraged by these successive rebuffs, Anthony Checkley, attorney for Atkinson, attempted a new action against Williams in the County Court on January 27, 1673/74 (S.F. 1276.35), on the ground that the premises seized under the previous writ of execution really belonged to his daughter Abigail Atkinson. At its January session in 1673/74 this Court again decided against Atkinson (see below, p. 372). Checkley’s reasons of appeal from that judgment are in S. F. 1276.36; Williams’s answer, in S. F. 1276.37.

    Some of the earlier papers in the case are here reproduced for the light they may throw on Boston commerce and the fur trade between 1650 and 1660. Many others may be found in S. F. 1276 and S. F. 669. The first is a copy “owned” by Williams October 27, 1670, as attests John Pyncheon (S.F. 1276.44):

    The 11th of Aprill:1659

    mr Atkinson I thought good to Answer youre letter that you sent to mee Concerning our agreement, when you was with mee it was this, that what Goods I sent you & stood to the Aduenture of, them you were to allow mee 22l in the 100: & you were to make mee Returnes the same yeare, if not you were to allow mee 8li in the 100: for Interest & I haue sent you none but what was on my Owne Aduenture, both to you & back to mee againe, Except these Goods that I sent to you the last yeare, 171l pounds 19s, & 6d, And the produce of them I shall Expect that you stand to the Aduenture of them to mee, & because that most of them were goods, that you did not write to mee for, & you Complaine that the hatts came to a bad market therefore I shall desire but uery reasonable profitt, which will bee but fourteene pounds, if soe you send mee returnes this yeare, wch will bee in all for them, 188l 19s And Concerning the goods that were in mr Garret, you say they were on my Account, I suppose the Bill of Lading doth not proue it soe to bee, but howeuer, you did ouer rate youre goods Iron was sold for 16l per Tunn, & likewise youre beauer was Ouer rated, I suppose if God should bring you heere againe, you & I should agree about it I hope; the Beauer you sent the last yeare I sold for the best aduantage for you; but not for my selfe, for I haue not receiued all the money for it yet, And that beauer you sent this yeare by mr Lock, I did proffer it to seuerall men & could get but 8s perl for it, & haue giuen till about August next to pay for it, there is loss in it, & more in that that came in Parker & Pearse ships but I could not helpe it. I beleiue if you had benn heere your selfe, you would not haue made soe much of it as I did, I wrote to you seuerall times, that I sent you a hogshead of hatts, about October, the same yeare you were at London, the which ship had a long passage, it was about February following before Shee Ariued at new England, there was in the Hogshead, 27l 11s worth of hatts, but you would neuer since write to mee of the receiuing of them, & I wonder at it, if you had not receiued them I might haue receiued them of the master, you write to mee that the goods in Garrets ship was on my account, but I pray Consider that you were to send to mee on youre Owne aduenture, the spring following after you were heere, the sume of Two hundred & seauenty pounds & I haue receiued noe more since on youre aduenture but: 198l beside what you haue ordered mee to pay to others & that was in Bills of Exchange

    I haue heere sent you an Account, what I haue receiued & what I haue pajd since this time Twelue month


    li s d

    Receiued of mr Peake 71:12.6


    Receiued of Capt: Hunt, 4l for interest


    Receiued of mr Waterman


    Receiued for Goods that came in Parker & Pearse




    Receiued of mr Sands the bill




    Paid for fraight & other Charge of the goods that came in Parker & Pearse ships


    Pajd for goods that came in Lock


    Pajd mr Wilkey


    Pajd mr Daniell


    Pajd mr Briggs


    pajd John Reuell 12l


    Pajd to Humphery More


    Pajd to John Reuell


    Pajd for protesting mr Coles Bill




    Mr Coales bill I haue sent you by the 3 Freinds & goods with an Inuoyce, the bill of 80l oft charged on Capt Hunt hee say that hee haue nothing in his hand of his that Charges it on him, but when hee haue hee will pay it. you write to me that you would send on my Account 200l pray send it in the Prudent Mary, if it please God to bring it to you, & what more you send on my Account Send it by mr Pearse, or whome you will if any other come, musquash skins will not yeald aboue 7d mincks & Fox will yeald 2s: there is less loss in the best beauer but for that which is meane will sell but for little & Rackoones must bee good to yeald 12d Easterne moose was sould for 30d & some for 8 groates a pound, I sould youre fine Southerne skins for 4l: soe hauing noe more to trouble you with, I rest hoping to see you heere the next spring if God permitt:

    Youre Freind

    John Williams:

    And when I receiue the other bill of 80l I shall pay the rest that you appoint mee to pay

    S.F. 1276.54

    Capt Williams Creditor to Theoder Atkinson

    Per Contra Debitr


    li s d


    li s d


    By three bonds



    Linnen Cloth dd Capt williams wife more or less



    Provided Capt willjams shall produce the originall bond & deliuer them to Theoder Atkinson or his order


    Sent by Locke & Garret 298li 6s 8d made in London



    Money sent



    By mr Peake 45li 05s



    Goods sent



    Sept 56

    To freight & charge of Goods



    By Butler 58li 11s 6



    To Ed: Johnson



    By Clarke 65:17:6 made of it



    To mr Daniel Ordered



    By Capt Peirce



    To George Atkinson



    By Garret 103li 6s 9d last


    Provided these Sums be Secured to be dischardged







    By Peirce 32:5:9 by Parker 8[li]: 14s 5d =115li 02d made of it






    By Peake



    By Hunt 30li made


    Apr 57

    To Goods in Aprill



    ye hatts not Sent for


    li s d





    By Waterman 50li made



    By Capt Butler



    By John Sans



    li s d


    By Locke [   ]li 10s made



    To Goods in the prudent Mary



    not sent for

    To Goods by Locke



    By Bill of Loadin pajd in 59 & 60


    not sent for

    To Charges and Seuerall persons



    A Beavar sk[yn]



    By Wood Greene 137:16:01 made



    To Goods sent by the three Freinds



    By Scarlet 65:14:11 made



    To Goods by Capt Peirce



    By Burrowes



    To Goods by Prudent Mary



    To Charge of Goods sent home



    By Wood Greene 95:03:00 made



    To mr Daniell



    By Gillam 48:00:00 made



    To Goods Sent by five Shipps



    By Wood Greene &c 147:00:00 made



    To Charges



    By the Society 154:8:6 made


    not taken up

    To a bond pajd Briggs



    By Greenow 18li 5s 6d made



    To merry worth



    To Revel



    A Byll of Capt Scarlet Vnsold



    To Lanceter



    Goods on Peirce 157:13:04



    To Freight &c





    Beauer Unsold



    To Goods


    advanc not pd

    To Goods by prudent Mary and Clarke



    To Goods by Lord



    To Charge of Goods &c



    To Goods by Clarke



    To fright and Custome of tobacco



    To charges 4:11:4



    To Goods by Peirce




    To Logwood


    Interest for Seuerall Sums to Sept 16th 1662 Agreed by themselues


    more for Advance Ano 1661




    The 27:00:00. By Scarlet & the 157:13:4 vnsold, are after they are marketted to be made Good to—and by either partje notwithstanding the Summs heere accounted for wth what other Goods shall be shipt this yeare and the Beavar vnsold and other Peltry, and in Case of theise Goods lost at Sea there is then thirty five pounds on the adventure of Theoder Atkinson













    This is a true Copie of the Accot made vp at Leivt william Hudsons the 17th day of Sept 1662 as taken from both parties onely Some Summes are misplaced in this Columne right aboue Examined by vs, Joseph Hills Richard Cooke This is a true Copie Compard wth that presented to & left wth ye Comitte of the Genl Court octobr last 1670 & is on file as Attests Edw: Rawson Seer . . .

    S.F. 1276.59

    March: 22th 1659

    Mr Atkinson these Goods are in the Prudent Mary & in Pearce & in Scarlet, & in the Dolphin & in mr Gales ship, that is Fiue ships:

    l s d

    A: Ferkin of file dust


    It: 2: pr of Cards

    00 03:00

    It: 10: doz: of Bow strings


    It: 12l of small packthred


    It: 24l of Bigg packthred


    It: 38½ yards of Taffaty at 2s 8d per yrd


    It: 35: yards of Taffaty at 2s 10d per yrd


    It: 6: yards of Callico at 13s 6d per peece


    It: In Hatt bands


    It: 40l of the best Cammell haire at 6s 6d perl


    It: 11l: of Course Cammell haire at 3s 6d perl


    It: 40l of the best Conney woole at 7s 6d perl


    It: 20l of seccond Conny woole at 5s perl


    It: 20l of other sort of Conney woole at 3s perl


    It: 12: doz: of brushes at 3s per doz:


    It: ½e of Gaules


    It: a ½c Logwood


    It: a firkin of Coperas


    It: 12: doz: of Locks—3l


    It: ¾c starch & 2 firkins


    It: 10 Ells of black Taffaty


    It: 5. doz Cards


    It: 220l of white polony woole at 8l pere


    It: 100l of Welch bld: woole at 12d


    It: 2: hhds: of Leefe


    It: for 2 hhds


    It: for packing the woole


    It: for the Carman to Carry them


    It: for Primage




    Black Poloney Woole I could get none as yet, but I hope to get some before the Prudent Mary goe, mr Pearse Boat-swaine hath Ouer rated the woole, you must pay 50s per Tunn:

    youre Freind

    John Williams

    The Originall of this whereof this is the Copie was Owned by Capt: John Williams before the Committe this 27th October 1670 As Attests John Pynchon

    vera Copia Attestd per Edw. Rawson Secret

    S.F. 1276.61

    Mr Atkinson I haue sent you in the Prudent & Mary

    l s d

    Imprs: 40l of the best Conny woole it Cost 10s a pound


    It: 20l of the second sort of Conny woole at 6s


    It: 10l of Cheeke Conny woole at 4s perl


    It: 10l of Taile Conny woole at 4s


    It: 15l of Gotes woole pelt: it Cost 7s perl


    It: 3l & 6oz: of picktred woole, it Cost


    It: 12: Cutting kniues


    It: 2: doz: of great bow-strings


    It: 1: Ferkin of file dust


    It: Iron ware & nailes


    It: for Cask & Carman


    It: for primage




    It: for uenturing to you & back


    There is in the Hogshead 2 doz: of bowstrings for John Clough, I pray deliuer them to him:

    There is 2 doz: of bow-strings for my Brother Williams & 2 Peckers & a knife for him. I pray deliuer them to him & there is Two pound of Flocks among youre flockes more then youre 20l I pray deliuer them also to my Brother they are in the three Freinds:

    Goodman Truck hath benn with mee for 4l seuerall times but I had noe Order to pay it, but out of the goods that was in Garret, soe hauing noe more to trouble you I rest wishing youre prosperity.

    Youre Freind

    John Williams:

    May 3d 1659 . . . vera copia . . .]

    Atkinson v. Trumball

    Theodore Atkinson Senr plantiff against John Trumball Defendt according Attachmt Dated ye 24 Janry 1671 this Acion was by desire of plantiff & Defendt & consent of ye Court continued till the next Court of this County as Attests Freegrace Bendall Cler.

    Edwards v. Sheafe

    Thomas Edwards master of the Katch Society for & in behalfe of the owners of the abouesaid vessell plantiff agst Sampson Sheafe marcht Defendt in an Action of the case for non payment of the Sume of thirty nine pounds seaventeene shillings & six pence Spanish money at the rate of fowre shillings a peice of Eight Due for the fraight of Eleuen Tonns of goods shipped on the said vessell by ye said Sheafe & by him consigned to Mr Samuell Baech marchant in Jamaica which he refused to receaue & also payment of the fraight of the said goods denyed & other due damages according to Attachmt Dated the 24th Day of January 1671 . . . the Jurie . . . found for the defendt costs of Court, the Magistrates refused this verdict wch falls to ye Court of Assistants in Case.

    [Several depositions on this case are on file, together with the appeal, which apparently was not allowed.

    S. F. 1140.4

    Know all men by these prsents That on the tenth Day of ye month of May in the year of our Lord God One thousand Six hundred Seaventy one, at the Instance & request of Thomas Edwards marriner I John Pecke Notary publick Dwelling in Po Royall in the Island of Jamaica addmitted & Sworne by his Excelency Sr Thomas Mudyford cheife Governor of the Said Island, went to the house of Samuel Bach mrchant Dwelling on Po Ryall & Speaking there to himselfe told him yt Thomas Edwards did protest against him for not receiving of Eleven Tunn of goods Consigned To him by Mr Samson Sheafe of Boston merchant, and asked him if he would receive the aforesd Goods, and the Said Samuel Bach answered me that hee would not receive them, and did thinck he not could be Compelled thereunto, And yt he did really think the fraight of the Said Goods would Come to more money then the Cargo was worth. Therefore I the Said Notary at that Instance of the aforesaid Mr Thomas Edwards have protested as I doe protest by these prsents against the said Samuel Bach Merchant for not receiving of the Said Goods, & for all Costs Damages & Intrests already Suffered & yet to bee suffered for or by reason of non acceptance of the Same, And further I John Peake Notary at the Instance and request of the Said Thomas Edwards doe protest against ye Said Samson Sheafe of Boston merchant for Sending over Such goods as would not bee accepted being to the Damage of the Said Edwards, all wch Damages Sustained by each party herein Conseyned to be recovered in time & place Convenient as of right shall appertaine This Done & protested in ye Said Towne of Po Royall the day & year aforesd:

    Quod abestator rogatus et requisitus

    Jo: Pecke Notr Pub. 1671

    . . . True Coppie . . . Attests Freegrace Bendall Cler.

    S. F. 1140.1

    Jameica 12th May 1671

    This day Thomas Edwards appeared before me wth an information, that he had Consigned to Mr Samuel Bach on ye Ketch Society, 4 Tunns of Fish 4: Tunns of Tarr, & 3 tonns of beare, and yt as master of ye Said Ketch gave out bills of Lading for ye Same, & yt he tendred ye Said goods to ye sd Mr Bach And ye sd Bach absolutly refused to receive ye same: and thereon he Demanded my advice wt to doe wth ye sd goods, on wch matter I have thought it reasonable & doe accordingly advice ye sd Edwards to protest against ye sd Mr Bach for non Receiving the sd goods and after, (in regard ye sd goods are perishing) to put the Said goods in good hands, to bee Sold for the acct of ye interseed, Given under my hand ye Day above

    Tho: Mudy ford

    S. F. 1140.5

    The Deposition of Roger Prosser Aged 40 yeares or there about Testifieth that Thomas Edwards master of ye ketch Society Committed to my Custody & left in my hands at Jamaca for the use of mr Sheafe Certaine goods wch I understood were Consign’d to mr Samll Bach & by him Refused to wit, thirty two Barll of tar Sixeteen hh of hake-fish Containeing four hundred of neat fish in Euery hogshh: & twenty foure barrells of Beere all wch goods were left with me to dispose of for ye use of sd. Sheafe or any other person Concerned wch goods were by me Reed: some time in May last deposed in Court the 5th of march 1671/2 Per Edw Rawson Secrety

    S. F. 1140.6


    Know all men by these prsents that I Joel White of Port Royall Royall & Iseland abouesaid Cooper doe acknowledge to haue receiued of Roger Prosser of Boston in New England Marchant vpon ye accompt & for ye vse of mr Sheafe of Boston aforesaid Marchant, thirty barrells of Tarr, foureteene hogsheads of hacky fish containing foure hundred of neate fish in euery hogshead wth twelue beere barrells, all wch goodes as abouesaid I doe promise & ingage to render a juste accompt thereof vnto ye said mr Sheafe or his order when I am therevnto lawfully required: As witnesse my hand & Seale ye sixth day of July Annoque Domi: 1671.


    Joel White [sig. & seal]

    Arthur Lloyd

    Samuell Mather

    S. F. 1140.3

    To the Honrable Court of Assistance now Assembled in Boston Thomas Edwards Mastr of the Pink Society Most humbly prsenteth

    That whereas there hath beene in former Courts a sute of Law Commenced betweene the said Thomas Edwards & Sampson Sheafe Merchant Concerning the fraight of Certaine goods Shiped on the sd Vessall by the sd Sheaf from N. England to Jamaca where being Ariued the said goods were tendered unto the person to whome it was Consigned; but Hee Refuseing to Receiue them; the said goods were by aduice of The Honrable Gouernr Sr Tho: Mudiford Left in the hands of another for the accott of said Sampson Sheafe That Shiped them; The sd Sheaf denys paymt of the said fraight the party with whom The said goods were Left saith that he hath Nothing to doe wth The said Edwards but Is to be accomptable to the sd Sheafe and Absolutly denys to pay the said fraight so That (the Caus being thus stated) Except yor Honrs vouchsafe Reliefe to the sd Edwards Either by ordring the sd Sheafe to pay the sd fraight according to bills of Loading Or at Least that the said Sheafe giue ordr so the person that hath Re[c]eiued the sd Goods in Jamaco to pay the fraight Aforesd: the sd Edwards is Like to be Dismist of His due and Loose His fraight Contrary to that Knowne truth that the Laborer is worthy of His hier all wch he humbly Refers to yor Honr as the fathers of the Country to Judge &c. According to yor prudence to grant Reliefe to him who subcribes him selfe;

    Yor Honrs Most humble Seruant & Suppliant Tho: Edwards]

    [19] Burnam v. Macdanniell

    Richard Barnum plaintiff against John Macdaniell Defendt in an Action of the Case for withholding certaine goods to the vallue of fiue pounds nine shillings fowre pence or thereabout & due Damages according to Attachmt Dated the third Day of ye Eleuenth month 1671 . . . the Jurie . . . found for the Defendt Costs of Court twenty shillings & six pence.

    Execucion Issued ye 13th of ye 12mo 1671 for 20s & 6d

    Vsher V. Gard

    Hezekiah Vsher senr plantiff against the Goods or Estate of John Gard deceased now in the hands of Bernard Trott & Wm Taylor Excecutors to the said Estate Defendts in an Action of Debt of eighteene pounds seauen shillings & nine pence or thereabouts in money Due by booke with interest & other due Damages according to Attachmt Dated the first Day of December 1671 . . . the Jurie . . . found for the plantiff Eighteene pounds thirteene shillings & nine pence in money & costs of Court which was thirty fiue shillings & eight pence.

    Gibson v. Fawre

    Richard Callicott Attourney to Christopher Gibson plantiff against the howsing & Lands formerly the Estate of Eliazer Fawre Deceased &c Defendst according to Attachmt Dated the 15th of 11mo 1671 the plaintiff withdrew his Action.

    Greenough v. Paine

    William Greenough plantiff against John Paine Defendt according to Attachmt Dated the 25th of January 1671 the plt vpon non appearance was nonsuited.

    Mauey v. Young

    Robert Mauey plantiff against Capt John Young Defendt according to Attachmt Dated 25th of the 10 mo 1671 the plt not appearing was nonsuited.

    Golden v. Nash

    Peter Goulden Assigne of Robert Winsor plantiff against Jno Nash of Boston Cooper Defendt in an action of debt to the vallue of three pounds & fiue pence in money & goods & due Interest due by a bill of obligacion vnder his hand and by witnesses will be proued that he gaue the said obligacion for a Debt which Robert Marshall owed to the said Robert winsor but yet neuer paid it & all other due damages according to Attachmt Dated the 29th of 9br 1671 . . . the Jurie . . . found for the plt three pounds & fiue pence of which five shillings in money & Costs of Court which was thirty two shillings & eight pence.

    Wade v. Broughton

    Jonathan Wade Attourney of Jacob Willett Cittizen of London plt against Thomas Broughton Defendt in an Action of ye case for withholding three hundred fiuety eight pounds sixteene shillings & two pence or thereabouts for goods sent by the said Willett to the said Broughton with forbearance & other due Damages according to Attachmt Dated the 22th of Decemr 1671 . . . [20] the Jurie . . . found for the plantiff twenty eight pounds for a peice of Stuffe & that hee the Defendt pay or & render an Accoumpt within three mos of three hundred & eleven pounds tenn shillings & six pence beeing the Ballance of an acct of sales rendered by the defendt & costs of Court forty shillings & eight pence.

    Execucion issued Augo 26:1676

    [See note to Cooke v. Broughton below, p. 65.]

    Euerell v. Sunderland

    James Euerell assigne of John Blackleidge Junior plantiff against John Sunderlane Junior Defendt in an Action of debt of seauen pounds foureteene shillings due by bill & due damages according to Attachmt Dated the 29th of ye 10th: mo 1671 . . . the Jurie . . . found for the plantiff seauen pound fowreteene shillings in money & costs of Court wch is twenty fowre shillings & fowre pence.

    Euerell V. Sundrland

    James Euerell assigne of John Blackledge Junior plantiff against John Sunderland Junior Defendt in an Action of Debt of tenn pounds due by bill and due damages according to Attachmt Dat the 29th of 10 mo 1671 . . . the Jurie . . . found for the plantiff tenn pounds one third money & two thirds porke at three pound a barrell, & Costs of Court which was seauenteene shillings & two pence.

    Joy v. Gibbs

    Thomas Joy plt against Robert Gibbs defendt according to Attachmt Dated the 23th of January 1671. the plt withdrew his Action.

    Joy v. Woodmancy

    Thomas Joy plt against John Woodmancy Defendt according to Attachmt Dated the 23th of January 1671 the plt: withdrew his Acion.

    Joy v. Woodmancy

    Thomas Joy plt against John Woodmancy Defendt according to Attachmt Dated the 23th of January 1671 the plt: withdrew ye Acion.

    [See above, p. 45 and below, p. 101.]

    Freake v. Hudson

    John Freake plantiff against Capt: William Hudson Defendt according to Attachmt Dated the 11th of 10 mo 1671. The plt not appearing was nonsuited.

    Marshall v. Pinke Lenham

    Robert Marshall Mr of ye Pinke Lenham plantiff against the Pinke Lenham beeing the Estate of George Norton Henery Greeneland & Walter Barefoot Defendts in an Action of the case for wages due vnto him as the master of her or comander in cheife & other disburstments vpon her to the vallue of or about one hundred & sixty pounds or what shall appeare justly due vpon accoumpt with due Damages according to Attachmt Dated the 29th of 9br 1671 . . . ye Jurie . . . found for the plt two hundred & seauenty pounds eleuen shillings & Eleuen pence in money & Costs of Court thirty eight shillings & six pence.

    Execucion issued for 272li:10:5 in mony 12 12mo 1671

    Mosely v. Mason &c

    Samuell Mosely plantiff against Arthur Mason & John Pease Executors of the Last will & testament of Joseph Deacons deceased Defendts in an Action of the case for withholding a Debt of five pounds [21] or thereabouts in money due upon accoumpt for worke donn & goods deliuered to the said Deacon and due Damages according to Attachmt Dated the third Day of the Eleventh month 1671 . . . the Jurie . . . found for the plantiff fowre pounds nineteene shillings and seauen pence in money & Costs of Court thirty fowre shillings and tenn pence.

    Cooke v. Broughton

    Leut Richard Cooke plantiffe against the Goods, Debts or Estate that was formerly belonging vnto Mr Thomas Broughton & by him made ouer or Sold vnto Capt Walter Price & Richard Cooke in behalfe of themselves & others of the Credittors of ye sd Broughton Defendt in an Action of the case for money Disburst for the managemt of that Estate & still remaines due the sume of Eight hundred forty she pounds fowre shilling & five pence or thereabouts with interest for ye same for about tenn years with other Due Damages according to Attachmt Dated ye 29th Day of June 1671 this Acion was referd from July to October court and thence hither & . . . the Jurie . . . found for the plt one thousand fowre hundred & fowre pounds fiue shillings & seauen pence in Money & costs of Court The Magistrates refused this verdict & Soe it falls to the Court of Assistants in Case.

    [This is a small incident in a protracted series of suits about the estate of Thomas Broughton, a merchant who removed from Virginia to Boston in 1650 and engaged in real estate operations which got him into serious difficulties. An outline of these suits is given in the printed Records of the Court of Assistants, iii. 133–34. By a deed of trust dated April 20, 1659 (S.F. 314.2), Thomas Broughton of Boston merchant and Mary his wife conveyed (1) his moiety of a parcel of land about Windmill Hill in Boston, also called Centre Haven, including several dwelling houses, a brewhouse, bakehouse, malt mill, warehouse, and wharf, and (2) Noddles Island (East Boston, which he had purchased for £1378 of John Burch of Barbados in 1656 through the intermediary of Richard Leader the ironmaster, but only half the purchase money had been paid), being one thousand acres or more of meadow and upland with a house, barns, and garden, to Henry Shrimpton and Lieut. Richard Cooke of Boston, merchants, and Walter Price of Salem, merchant, his creditors to the amount of 4000l, to the end that they might satisfy themselves of his debts, and also satisfy his other creditors, of whom Anthony Stoddard and John Checkley or Chickly of Boston are especially named. Broughton’s own schedule of his debts is in S.F. 314.1:

    The Shedule of the names of those to whome I Thomas Broughton am indebted:


    li ss d


    li ss d

    Mr John Chickley


    Mr Wm Brenton


    Mr Henery Shrimp ton:


    Mr John Hull


    Mr Walter Price:


    Mr Sam: Hall


    Mr Stoddard


    Mr Christpr. Hooper


    Mr Nath: Williams


    Sam: Ward


    Mr Rand: Nicholls


    Henery Short


    Mrs Ann Glour widdow:


    Mr Richard Cooke


    Mr Osborne


    A List of the names & sumes I Thomas Broughton haue tooke order and sent effects to pay but not yet heering what is discharged of them doe enter into the List of debts for their security if they appeare still due:

    Mr Heze: Vsher


    Mr Richard Russell


    Mr John Harwood


    Leift Sprague


    Mr Walter Price


    Mrs Ann Glouer


    Mr Jonathan Ward


    Mr Hope Allen


    Mr John Hull


    Mr William Davis


    The deacons of Boston Church


    Mr Haugh: minester


    Mr Nath: Williams


    Henery Short


    Mr Jacob Scheafe


    John Lake


    Mr Henery Webb


    Mr BenJ Gillam


    Mr John Knowles


    Mr John Croad


    Mr. Simon Broadstreet forty thousand foote of boards a yeare for three yeares—successiuely: Capt Tho: Clark: 0600:00:00

    Entered and Reecorded the 20th Aprill: 1659 per Edw. Rawson Recordr . . . vera Copia: Attest Edw Rawson Recordr

    On the same date William Osborne, attorney of Thomas and Mary Broughton, “gaue full and peacable possession & liuery of seizen”642 of the Centre Haven and Noddles Island estates (S.F. 314.2, 3). On April 20, 1659, Thomas Broughton conveyed to Hezekiah Usher, Henry Shrimpton, Richard Cooke and Walter Price, “his moiety of two Saw Mills at Newiehewanik River on Quampegon (Salmon) Falls together with his three fourth parts of the ship Hope” of 170 tons burthen, “then riding in Piscataqua River”; also toward satisfying the said debts; this deed is cited in a deed of trust dated June 23, 1659 (S.F. 320) from the Broughtons to Cooke and Price, after Usher and Shrimpton had disassociated themselves from the transaction.

    At a general meeting of Broughton’s creditors in Boston on December 24, 1662, they agreed that these estates should be managed for the advantage of all during the space of one year, Captain Thomas Clarke and Ensign John Hull, the goldsmith, to assist in the managing thereof (S. F. 596.4). One of the principal creditors to Thomas Broughton was John Checkley,643 who refused to come in with the other creditors, obtained a judgment and execution “uppon part of the said Broughtons estate as pewter and bras a clock and other things” (S. F. 596.5), and then summoned Cooke and Price to answer according to a deed and schedule from Broughton to the value of 900l In Cooke’s plea (S. F. 596.5), printed below, he alleges that a part of what Broughton conveyed, notably the ship Hope, was not his to convey, and that the creditors had to purchase it from the rightful owner to gain possession; if Checkley would contribute toward these expenses, he could have his proportion of the dividend. The County Court, on January 27, 1662/63, gave a “speciall verdict” for Checkley against the Centre Haven estate for 470l 17s 6d (the text is in S. F. 962.10; see also S. F. 596.6 and the Court orders of Oct. 28, 1662, and January 26, 1663, printed below). Cooke et al. appealed, February 25, and their reasons (S. F. 596.7), including an interesting appeal to the Magna Carta provisions of the Body of Liberties, are printed below, as are Checkley’s highly truculent “answers to their reasons of appeale (S. F. 596.6).

    Checkley’s “Objections against the validity of Mr. Broughtons deed of Center Haven and Nodles Island to Mr. Shrimpton, Price and Cooke” (S. F. 596.8) are also printed below, as are the “Answer to the objections.”

    In S. F. 596.10 is a deposition, dated January 3, 1662, of Anthony Stoddard, aged 56 years, witness to the original deed, supporting some of Checkley’s contentions; bills of costs are in S. F. 596. 11, 12. It further appears from the notes in Records of the Court of Assistants, iii. 133–34, that Checkley managed to get Broughton imprisoned from 1664 to 1668, when he was released upon taking oath that he had not disposed of or concealed any part of his estate to the defrauding of Checkley. It seems that the original deeds to Cooke, Price, et al. were voided by the Court. This left every man to himself; and the present case represents an effort of Cooke to recover from that part of the Broughton estate of which Price was in possession. It began by suing out a warrant for Captain Price at the November session, 1671 (above, pp. 21, 27). The pleas by Cooke follow (S. F. 596.5):

    Richard Cooke in the behalfe of him self and walter price humbly desireth that the pleas hee hath made in the case betwene John Chickley and them selues may bee Leaft vppon record in wrighting where by to prevent futer truble for words may bee forgotten the pleas weare as followeth

    first that thay were summoned to answere the Complaint of John Chickley according to a deede and sedwell to the vallue of Nine hundred pounds as appeareth by the summans in Court but noe such deede was produced by the plaintif

    2ly it was pleaded by the defendant that hee had endeavored to proue and boath now and at former Courts did alleage that John Chickley did accept of his debt with the rest of mr Broughtons Credditors; but this the said Chickley denied and would not Com in with them, and this was owned in Court by by his Atturney Captaine hutchenson as allso mr stodder

    3ly that John Chickley Arested the Estate of mr Thomas Broughton and obtained a Judgment and Execution vppon part of the said broughtons estate as pewter and bras a Clock and other things which is for the same debt hee now sueth for as appeareth by the records in Court which is alltogether Illegall

    4ly that the deede presented by the plaintife in the Court doth not oblige them vnto John Chickley so as to bee sued by him the defendants there in hath not made any Contract with the plaintif nor doe stand obliged to him but with mr Broughton from home thay receaued the deede

    5ly the deede presented sayth that thay shall together with paying them selues pay such and such but thay haue not payd them selues one penney nor to the vaillue of it vnto this day allthough thay haue payd mr Chickley a Considderable sum if hee doth accept it vppon the Conditions thay paydit, and therfore thay haue not violated thayer trust with mr Broughton vnto whom only thay are accoumptable by that deede

    6ly the said Broughton hath not performed with the defendants according to the said deede nor doe thay posses and Injoy what is there in Convayed as in portion for Nodles Island &c nor hath hee given vnto us any deeds or Convayences to manyfest any leagall right hee hath to it from the former and true owners of it as by this deede hee is obliged to: but wee find the Contrary by experianc allso wee had vppon the same accoumpt sould vs three fourths of the shipp hope but wee Could not Injoy any part of it but were forced to purchas the same and pay for it our selues vnto the right owner and therfore wee haue noe reson to pay for that wee Cannot Injoy besids there are other things of the same Nature in which mr broughton hath not performed if the deed presented by mr Chickly giues him a legall power to receaue by the same rule it obligeth him to make good what mr Broughton hath therein sould vs and vppon that accoumpt wee will Comply with him

    Richard Cooke

    [Endorsed:] Mr Cooks pleas, order to be kept on file & ye plaintiff to haue it to Ansr & returne it & Ansr

    S. F. 596.2

    Att a County Court held at Boston 28th of October 1662

    The Court considering of the Generall Courts order on Mr John Chickleys petition Judge Meete to Respite the Determinations thereof till the County Court in January Next when the Jury on the Euidences produced by all partyes Concerned Mr Checkley giueing Mr Cooke Mr Prise Mr Bratle Mr Bartholmew & Mr Boyes Due summons then to Attend it, it shall then be assisted by Court & Jury. This is A true Coppy of the Courts order as Attests

    Edw: Rawson Recorder

    [Endorsed:] Gen: Court Ordr 20th of 8br 62

    S. F. 596.1

    To the Marshall of the County off Suffolk or his Deputy or Constable of Boston

    You are hereby required in his Masts name to Attach the goods Lands or other Estate in ye hands of Richard Cooke & Walter Price made ovr to them by Thomas Broughton for ye payment of severall Creditors according to deed & Shedule thereunto Annexed, & for want thereof the bodyes of Rich Cooke & Walter Price or Either of them, & take bond to ye value of Nine hundred pounds With sufficient Surety or Suretyes for their or Either of their personall appearances at the next County Court to be held at Boston then & there to Answer ye Complaint of Jno Chickley in an action of ye case for that ye said Cooke & Price have not paid vnto ye said Chickley ye summ of fouer hundered & seventy pounds Seventeene shillings & six pence, due to him from them by vertue of ye aforesaid deed & Shedule Therevnto Annexed, wth due dammages & so make A true Return hereof under yor hand dated ye sixth day of ye Eleventh mounth called January 1663:

    By the Court: Jonath. Negus

    . . . A true Copie . . . Edw. Rawson. . .

    [on reverse:]

    I have Attached the goods debts or Estates of Richard Cooke & Walter Price the two dwelling houses & ground also ye Bake house brewhouse & one Copper and the greatest parte of the Wharfe to the North ward of ye Bake house Commonly Called by ye name of Centre Haven this 8 Jannuary 1663.

    per me Rich Wayte Marshall

    Vera Copia Edw. Rauson Recordr

    Attachment to January Court 1663

    S. F. 596.3

    1663: Att A County Court held at Boston ye 26th Jannuary: 1663:

    John Chickley of Boston Merchant plantiffe agt Richard Cooke of Boston & Walter Price of Salem: Merchants in an Action of ye Case for that the said Cooke & price have not paid vnto ye sd Checkley ye summ of fouer hundered & seventy pounds seventeene shillings & six pence due to him from them by virtue of a deed & schedule to it Anexed from Thomas Broughton to them wth due damages according to Attachment Dat: ye 6th of Jannuary 1663: The Action was Called ye plantiff & on of ye defendts: ie Rich: Cooke appeared ye Attachmt & other Evidences in ye Case produced were Read Committed to ye Jury & are on file wth ye Records of this Court the Jury also hearing ye pleas made by plantiff & defendt Brought in their virdict they found for the plantiffe five hundered sixty fouer pounds nineteene shillings & Eleven pence damage & Costs of Court forty two shillings & nine pence The defendt Appealed & said Rich: Cooke & Jno Wiswall Acknowledged themselves & heires . . . bound in one thousand pounds to . . . prossecute sd Appeale to Effect:

    S. F. 596.7

    Richard Cooke & waiter Price theire Reasons of Appeale from ye Judgmt of ye County Court held at Boston ye 27th of Janury 1662 in ye Case depending betweene Jno Checkly & themselves.

    First because ye Deed is made absolutely to us & or heires for ever & not upon any Condition of forfeiture, or making of it invallid, neither are wee thereby made Agents or Atturneys unto Mr. Thomas Broughton, but legall Grantees, as appeares in ye sd Deede, possession being giuen, & ye Deed acknowledged & Recorded according to ye Law here established.

    The Jury were mistaken in ye ground, upon which they gaue in theire Speciall Verdict: for (say they) wee find an Article or condition requireing ye Grantees to pay unto Mr Jno Checkly & ye other Creditors foure thousand pounds, which (say they) we doe not as yett find performed. Now herein they were mistaken: for that Condition is legally performed by us, as appeares by ye Creditors acceptance there of to yo full vallue abouesd, to which we referre. But 2ly in case wee had not performed one tittle of it this cannot make ye Deede invallid: for soe farre as wee are there obliged it layeth us open to ye Law to be sued by him or them to whome wee are therein obliged, & Mr Checkly may take his course at Law if he judgeth us to be therein obliged unto him; but this is not or Case now, neither are wee sued upon any such Acct.

    Wee doe humbly conceaue that ye honord Bench haue not only changed ye tearmes of ye quæstion, but also ye verry quæstion itselfe, yt was putt to them by ye Jury: for ye Jury’s quæstion is, whither ye non performance of ye Article there specifyed doe according to Law make voyd ye Deed? Now ye Bench state ye quæstion thus, whither ye Deed to Cooke, Price & Srimpton be absolute & good in Law. And they Answere, yt ye sd Deede is noe legall Barre agt sd Checkly, & yt they do confirme ye judgmt. granted to ye sd Checkly at ye former Court, allowing him also ye costs of this Instant Court. Soe yt (as wee conceaue) they haue not giuen a resolution of ye quæstion as its stated by ye Jury, or as stated by themselues; & yet they give ye then Pltffe costs of Court, & seeme to giue away or estates alsoe. Now wee humbly desire ye honord Court & Jury to take notice, yt wee did not, neither doe wee oppose ye Court’s judgmt formerly granted to Mr Checkly: for yt judgmt was agt Mr Broughton & not agt us: wee only oppose Mr Checkly’s extending his Execucion upon ye Estate in quæstion, which is not Mr Broughtons’, but ors.

    The former County Court hath a first & second time confirmed ye same Deede to be vallid & good in Law, upon which we proceeded & acted, disbursing many hundred pounds in paying offe workemen & repayreing part of ye sd Estate, & haue made many Contracts relating to ye same, & ran into severall Ingagemts which would be too tedious here to relate, & haue soe gone on for allmost four yeares. Now if yt Deed, which ye Court accepted of as good & vallid in Law soe many yeares since, upon which yr hath beene such transactions & Ingagemts shall now by ye same Court be condemned as invallid; then wee appeale unto all men

    to judge what or condition here is, & what sad consequences will follow; we shall be at an uncertainty what is vallid & what is invallid, what is Law & what not Law: this will bee ye way to kindle such a fire, as will not soone be quenched, & sett friends at enmity one with another; & this prtence of healing one will wound many. Such a prsident we judge, was never seene here before, & what ye issue will be ye Lord only knowes, we feare ye hazzard of ye mine of some, ye multiplying of suits at Law by others, & when it will end who knowes. By all which we hope this honord Court & Jury will seriously considder & determine yt righteousness & equity may take place, which is all we desire.

    Mr Jno Checkly accepted of his Debt as ye rest of ye Credrs did, as appeares by ye testimony of Mr Rawson & Mr Srimpton, which is also further confirmed by his receiueing of about foure score pounds of us in order thereunto, as appeares per ye testimony of Mr Timothy Prout.

    Wee craue ye benefitt of ye Law page ye first, yt no mans Goods or estate shall be taken away from him, nor any wayes endammaged under collor of Law or countenance of Authority; unless it be by vertue or equity of some express Law of ye Country warranting ye same, established by a Genll Court & sufficiently published. Now noe such Law or equity of it hath yett beene produced; & therfore or Estate & others ought not to be so taken from us.

    It will evidently appeare yt there is not ye least shaddow or coulor of fraud in what is done, because ye estate made over unto us is not worth what is ordered unto others, though wee to whome its sould should not haue one penny for or selues, by which it will appeare who will be defrauded if others doe as Mr Stodder hath done, & yet he complaynes most of fraude.

    Lastly we know not what place Mr Stodders testimony tooke with ye honord Court & Jury, as also his reasons & many expressions charging us with plotting & fraude: wee say these expressions & charges of his are fallacious & without proofe, & also yt Oath of his (to giue it ye best style wee can) was rash, Inconsiderate, & how farr short of truth he knowes or may know in time & place convenient, being told in Court yt ye publique Records would evidence agt yt he would sweare: for he hath sworne yt Mr Srimpton renounced yt Sale, thereby tending to proue it fraudulent; now ye sd Srimpton in open Court owned ye Sale, & as appeares per his testimony in Court sould ye same thing back againe, which fully proues he owned it.

    The prmisses duely considered wee hope this honord Court & Jury will see just cause to defend or right by reversing yt Judgmt so farr as it concernes us relating to ye Estate in quæstion, yt we may haue noe cause of future complaint either to God or man.

    besides the deeds were made by the aduice and Councell of one whose Judgment in the Law was accoumpted a bond most in this Cuntry to bee sound and good and this deede was then so accoumpted by him self (25) (12) 62

    Richard Cooke for him selfe and the rest Concerned

    [Recd] 25th feb. 1662 per Edw. Rawson Recordr

    S. F. 596.6

    John Chikley his Answers to Walter Price & Richard Cooks reasons of appeale from the Judgement of the Countie Court held at Boston. 26. Janr 1663.

    To the first

    It rather consernes ye Court to answer then Jon Chikley: yet for Answer Richard Cooke may consider he could finde noe error in ye Attaichment, & he had legal notis of it, wch is all ye law require, and both caise & persons ye Court wel vnderstoode & gaue judgement acordingly, but there judgement pleased not Richard Cooke & therefore he condemnes it thinking him selfe more able to iudge then ye Court was.

    To the 2d

    the deede prsented if Walter Price & Rich: Cooke had neuer accepted of it vpon ye tearmes it could not haue obliged them to pay Jon Chikley & then ye estaite had remaind mr Broutons, & then ye extention of Jon Chikleys execution Legal, but Wal: Price & Ri: Cooke accepting of the conuayance, & receueing possetion upon ye tearms there in exspressed & puting it vpon record: It is then for ye benefit of al conserned in it, & ye Richard Cooke himselfe ownes in ye last of his reasons of appeale, & if for there benefit then it must be acording to ye deede, wch is ye paymt of there whole debts, not proportion, & if any of them be content wth a proportion yet Jo: [Chikley neuer] was, therefore he haueing bene soe many yeares wthheld from his right by Wal: Price & Ri: Cooke he hopes now at last he hath got ye clue by ye right ende, & therefore sues ye estaite being in ye hands of Wal: Price & Ri: Cooke, who hath had yt estaite in there hands diuers yeares. mr Broughton by yt deede & seddal chearges vpon Wal: Price & Ri: Cooke to pay Jon Chikley 450l they accept as before, therefore not onely ye drawer Acountable to Jon Chikley but ye accepters alsoe:

    To the 3d

    It is wel Ri: Cooke wil make a supposetion he is obliged, yet he sath it is but in hope & confidence then he thinks it should seeme hope & confidence of his performance is not obligeing, & though he fail them of there hopes & confidence it matters not much, ye most yt can be, wil but make him falce to his trust (wch to him is a slight thinge) for yt is a worde alsoe vsed, in Suer trust & confidence, wch is as stronge an obligation (I conceue) as can be, for faile of yt & noe thing is maide ouer; for it is fiue times in ye deede exspressed it is maide ouer for thos ends & noe other but he sath it is to pay others together wth them selves, for Answer, there acceptance & receueing possetion, of Center hauen &c payes them selves, therefore mr Brouton haueing not onely paid them but deliuered them a further estaite to pay to Jon Chikley &c & they vndertaking paimt, & not doeing it, is ye cause of this complaint. & ye complaint is not because they haue alienated but because they doe not alienate some part of ye estaite to pay Jon Chikley wch mr Brouton alienated to them for yt ende, but they desire to keepe Jon Chikles estaite whether he wil or noe, & where as Ri: Cooke saith they haue pd Jon Chikley a considerable some wch they indeuer to proue by mr Prouts oath, but compaire mr Prouts oath & his recept on ye back of ye bil of laiding wch is in Court, & it wil appeare mr Proute did receiue of mr Broughton for ye vse of John Chikley yt some he speaks of. therefore Rich: Cooke is pd it. & it becomes an honest man when he is once pd not to rcaue it againe; if mr Brouton demand any thinge of Jon Chikley he is ready vpon other acots betwixt them to owne what is due.

    To the 4th

    If mr Broughton neither haue nor can make good what he hath sould to Wa: Price & R Cooke then Center hauen is free, & it is mr Broutons estaite stil, & then Jon Chikleys extention of his execution is good vpon it. but if they will say onely some part fals short it is Answered, Walter Price & R Cooke should haue lookt to ye before they had ingaiged such paimts for it. it is ouer laite now: But ye Crtrs they ingaiged to pay is of too sorts in ye Seeal644 some certaine some vncertaine. thos they terme certaine comes to aboue 4000l those vncertaine aboue 5000l though I thinke indeede they were al vncertaine, & merely at randum. now John Chikleys comes among ye certaine ones & ye first of them, & to be suer he now hath made it more certaine then any haueing proued it in soe many Courts, wch I question whether R Cooke be able to doe his; Jon Chikley alsoe is not onely exspressed in ye Cedal but in ye deede alsoe, wch noe other is but one more. & therefore beinge soe certaine he ought to be pd in ye first place; & whereas R Cooke in perteculer sath they can not enjoy Nodles Island: I conceue he hath confest enufe to proue they doe enjoy it; according to ye deed for ye Sugors sued for by R Cooke wch was lent by mr Brouton was disbursed for part paymt for Nodles Island, & mr Brouton was in possetion of it, onely had not pd al yt was due for it; & by reason there of had not a deede for it, onely a promis by letters vpon paiment to haue it. & this was knowne to R Cooke from the begining to be ye title to it. yet he accepted of it. & this gaue R Cooke the aduantage to sue for ye sugors disbursed vpon it & recouered ye debt & damages, extended ye execution on Nodles Island, since hath desposed of it by saile, & I conceue receaued ye ful pay for it, how euer considerable somes R Cooke knowes wil be proued pd to him vpon it, 200l of ye mony R Cooke ordered to be pd mrs Sheafe for his perteculer debt he owte her—who gaue him a ful discharge for 200l receued by her of R Cooke & I thinke 200l is more then [   ] if there were noe more pd him then yt, but he knowes there is more pd him & he knowes we are not ignorant of it nether: And for yt clause consemeing the grantor not makeing good to ye grantee. We know R Cooke thinks reason is onely wth him, but we (whether reasonable or noe) conceue it a maxim yt if R Cooke bey a parsol of land and ingaige to pay 8000l for it to such & such men. they will haue there mony, whether his titel be good or noe. he should haue lookt better to it, & though R Cooke say this is ye state of ye caise, yet let me be bould to say he misses it: for though if it were soe yet still he is obliged but ye caise is better for ye defendant, for Rich: Cooke would keepe Center hauen, would keepe ye estaite to ye eastward, would keepe ye estate recouered by iudgmt vpon Nodles Island, wth wch he hath pd part of his owne debts, would keepe al ye estaite at Barbados. & keeps his sonne there at this day to receue it, & yet he wants straw to make briks, & for ye Egiptian taske masters he mentions I know not howe he can meane except it be ye Court. But he hath soe much Straw & makes soe many briks I feare he aims at Building Babel for I see noe thinge but confution, but I hope ye honrd Court & Jury wil finde a way to dissperse part of ye materials to ye true owners & confirme ye Judgement of ye Countie Court: the estaite R Cooke owned when he tooke it, he lookt at worth much more then ye Sedal requird of them for it, and when ye first meeting was (wch he would make a wronge vse of) there was not any mention of proportion, nor of some yeares after, onely desired to improue ye estaite Intire, not questioning the paimt of ye whole debts wth interest, but Jon Chikley declaired agt there keepeing any part of his estaite in there hands, or managing it for him, wch they plead, wch is far from his reiecting.

    yet they haue agt his wil soe many yeares detained wch he hopes this Court & Jury wil consider of.

    To the 5th

    John Chikley before sued this estaite in this action & recouered then yt some of 470.17.6, and this estaite then was & now alsoe is iudged ye estaite yt was to pay it, onely ye court of Asistants iudged it was not mr Broutons estaite but Legally alienated to Wal: Price & R Cooke, yet if alienated it must be for ye ends exsprest. And therefore Jon Chikley forced to bringe a new Action, & ye deede prsented obliges Wal: Price & R Cooke to pay Jon Chikley 450l butt yt vpon tryal proued 470.17.6, but if yt were a wronge I suppose it may wel be pardoned, for if Wal: Price & R Cooke should pay interest for 450l from yt time they had Jon Chikleys estaite to this day wth ye damages legally due I sopose it would amount to a far greater some then as yet is recouered, wch I hope this Court wil see iust cause to giue, & whereas it is againe aledged mr Prouts testemony I haue answered fully to it before, Jon Chikley receaued noe thing of them, but what he pd for to mr Proute by mr Brouton, & hath mr Prouts recept for it on ye back of ye bil of laiding, yet R Cooke hath ye Impudens to blame ye Jury for Acting aboue there vnderstanding & soe commit an Error, soe both Bensh & Jury are Irronius Irrashonal & men wants vnderstanding compared wth R Cooke if [torn] be Judge.

    To ye 6th

    Though both bensh & Jury be Irrational in R Cooks openion, yet we shal answer Rich Cooks reason. Jon Chikley neuer renounst his debt, nether euer did Ed: Hutchinson or Anthony Stodderd. if Rich Cooke or any other for him would haue pd him, wch in honesty he ought to haue donne, nor neuer reiected his claime to this estaite but alwaise lookt at this estaite to pay him. but this he did he disowned to approue of R Cooke or any other to be his pursebearer he was able to be his owne, & there was not for some yeares any talke of proportion neither doth ye deede speake of any, but Jon Chikley denyed to ioyne wth any Crtrs to giue way R Cooke should haue ye managemt of any part of his estaite, if Jon Chikley had no estaite in R Cooks hands nor if he ewte him noe thinge why did he speake to him abought for bereing of it. But after some yeares R Cooke came to speake of proportion wch Jon Chikley then alsoe reiected any thoughts of, and then indeede Jon Chikley did begin to feare a cheate, but considering ye tearms of ye deede. did thinke ye deede made ouer was onely matter of trust, yt phrase being vsed in it, & Wal: Price & R Cooke not performeing there trust he did conceiue ye deede void, & ye estaite reuerted againe to mr Brouton & therefore sued yt estaite as his. ye Court Judged as he did and gaue him Judgmt & ye execution was serued on ye estaite at Center Hauen. R Cooke makeing interruption the Court againe iudged ye extention legal. R Cooke appeals. ye Court of Asistants iudges ye deede to be valid wch mr Brouton maide to Wal: Price & R Cooke, yet Jon Chikley conceueing if valid it is for ye ends exsprest therefore brings his action agt ye same estaite in ye hands of Walter Price & R Cooke, recouers agt it vpon wch R Cooke againe appeals. And instead of Reason Rails vpon & reuiles ye Court because they wil iudge this deede valid, who could doe noe other ye Court of Asistants haueing donne it before. & now he sath they alsoe iudge it more valid then it is in it selfe, wch he cals a strange contradiction and then would couer him selfe wth makeing an inferens agt ye defendant, yt he would get an estaite vpon any Acot, but in yt he striks more depely at the Court then him, for he brings his caise to tryal by law, & except he iudge both Bensh & Jury Corrupt (wch in them he cals his reasons I conceue he hath said noe lesse) he cannot haue his estaite but vpon a good & iust Acot. That he arrested ye estaite of mr Broughton & that wch he then iudged onely his estate is confest already yt ye execution was extended is alsoe confest & yet makes not for R Cooke at al, for it was extended upon this estaite wch was & is in ye possetion of mr Brouton & is now sued. And though a smal matter of puter & brasse &c were in ye howse & soe taken wth it, yet R Cooks interruption pruented ye proseding wch as before ocations this Action. And for askeing aduice Jon Chikley can not be blamed. And for ye many vnheard of inuectiues agt the Judges & Jury to be Illegal, vniust, vnheard of practis, by noe law nor case Justifiable, we hope ye Court themselues wil giue answer, yet we shal prsent this to consideration If ye Judgemt of ye Countie Court [be now confirmed] it is but Judgemt agt ye same estaite, & soe but one iudgemt, onely before conceaued to be mr Broutons & ye deede to Wal. Price & R Cooke inualid, but now we are directed by ye Court of Asistants how to looke at it, who haue iudged it valid, yet this estaite is that wch was and is truly to pay this debt & Wa: Price & R Cooke are the persons to pay as ye Countie Court Judges, being sould for yt ende. & we haue noe doubt but yt ye Court of Assistants wil confirme ye same, not wth standing ye plantiues haue soe much villified both ye Caise & Judges. And though the plantiues affirme Jon Chikley is legally paid, yet yt is but to mantaine his prinsiple yt he is wiser then his Judges. But he knowes it is nether legally nor truly paid. Except he allow yt ye execution extended on Center hauen is legally extended: & soe cry peccaui, & if it be then how he wil cleare him selfe of a vexatius suite & paying treble damages I know not, but to be suer yt law by him is abusiuely Cited.

    To the 7th

    The Plantiues haue not performed there [   ] selues one penny, though whether yt be truth or noe we leaue to what said before [   ] haue they pd others, but if they haue they haue not pd Jon Chikley who by deed [   ] must be one paid, who euer else is left vnpaid, & first pd for it is to pay Jon Chikley & others, but I beleue they haue not pd ye 4000l they boast of to haue pd nether according to law nor a good contience,—& for what appears vnder there hands if yt be a discharge they are ye better able to pay Jon Chikley, for the plantiues say they haue not alienated any estaite from themselues. if soe & ye Crtrs be pd then it is time to alienate to pay Jon Chikley: I feare ye Crtrs wil rather finde the plantiues to abuse them then ye defendant who medles not wth them, nether doth he ether them or plantiue any wronge, onely seeks for his iust due in A legal & iust way. And ye plantiues declares they receaued yt deede for ye vse of the Cretrs, & saith they soe alwaise declaird, then surely they must not alwaise keepe it them selues but Alienate at least part of ye estaite soe much as to pay the Crtrs. & they not paying Jon Chikley who is vnwiling to trust them, why should he be blamed for sueing for his debt wch that deede alows him wth forberance—he being ye onely man named in yt deede wch is to pay. & who euer is not pd he by name is to be pd, & pd his whole debt. And though you say ye somes set downe be aboue 8000l remembr 5000l of them are vncertaine & 4000l he cals certaine, amongst wch are yor owne, though I feare some of them as vncertaine as any: And though you acot euery man must haue his iust proportion, yet I feare you are not very wiling to yt, for euery mans iust proportion by yt deede is his whole debt, & you lyable to damages from that day you receued it. And if any haue maide other composetion wth you, you haue cause to thanke them, But Jon Chikley hath not, nor neuer was wiling to haue you haue ye fingering of his estaite soe longe as you haue, And if it be an abuse to say we conceaue you indeuer to cheate, we cannot but thinke stil it is in yor minde, but we hope ye Justis of ye Court wil pruent you. And if you would not be thought to giue 1600l bribe you should not haue maide it soe apparent in yor deede. you say in yor deede you haue paid mr Brouton longe since 4000l & it appeares in the Sedal he ewte you but 1800l certaine & but 600l more vncertaine wch is but 2400l & it is to be questioned whether he ewte al yt or noe, soe there is 1600l at least, remains if you haue not pd it him as a bribe yt he may not cal you to acot for any thinge. then it is stil in yor hands, soe then you haue enuf in yor hands to pay Jon Chikley still, though you should haue pd yr Crtra 4000l: you owne Jon Chikley was prouided foramongeye rest, but why then doe you put him to sue for his right, he was alwaies wiling to haue it out of yor hands, and because he can not get it is forced to sue for it, therefore Craues both law [torn] Court as wel as you, & hopes to finde it by a cause in [torn] the Countie Courts verdit, wth an addition of ye damages since sustained both for troble & forberance & thereby to be freede from yor vexatious trobles.

    John Checkley

    S. F. 596.8

    Objections against the validity of mr Broughtons deed of Center Haven and Nodles Island to mr Shrimpton, Price and Cooke

    First the deed was made to three parties, and not to any two or one, mr Shrimpton renounced it therefore invalide, for it appeares not to be a contract but a plott of mr Broughton with some one or two of the parties, for mr Broughton cannot sell, except mr Shrimpton will buy

    2: It is made in Consideration of 4000l mr Broughton is truly and really indebted to the three parties, and in hand receiued by the seller, and yet in the shedull he ownes but 2450l owing to them, whereof 600l is made doubtfull, whether owing or not so that at the time when the deede was made there was but 1850l knowne to mr Broughton to be indebted to them

    3: He prtends that it is in Consideration that all his Creditors might be payd theire due, & for that ende prtends to haue annexed a shedule, but hath done it fraudulently Leaving out severall to whome he was Indebted, as some may be Instanced mr Edw: Ting Capt Hutchinson mr Wm Payne wth others

    4: He prtends in the deed the annexing of a shedull, but it appeares at the Sealing of the deed noe shedull was annexed for it came after possession giuen wch was not till the day after sealing

    5: Not Long after the making the deed mr Broughton payd Nathaniell Williams out of that estate wch he therein prtends to make over to the 3 parties, as the Cattle on Nodles Island

    6: The deed was made vpon Consideration that they to whom it was made over to should pay the Creditors mentioned in the shedull besides them selues the value of 4000l the wch in all the time they haue not payd, nor any part thereof not taken Course for it, but haue some one or two of them improved it to theire owne vse, Lived upon it as also mr Broughton & seurall of the said Credetors haue beene wholly or in part payd not by them but by mr Broughton, either out of the Estate pretended to be made over or otherwise

    7 There is no absolute sale or allienation, but for mr Broughtons vse, so it is more propperly a deed of Agensy trust or Atturneyship, and the Aecompt & remainor is to the grantor, being made only to secure it from mr Cole, for his Creditor, so it is manifest It remains mr Broughton his estate in the hands of his Agents for his Creditors therefore John Checkley by Law being proved mr Broughtons Creditor ought to haue Legall proceeding against the Estate of mr Broughton, in whose hands soeuer. The Consideratio[n] of the prmisses, I hope will satisfy the Court & Jury that I am to be payd, out of the Estate, being particulrly & personally provided for in the deed

    John Checkley

    S. F. 596.9

    An Answer vnto mr John Checkley his objections

    In general they are but words, in which are many mistakes vntruths for the validitie, and Legallitie of the deed I appeale to the Records

    1 But to the first particulr if but one did accept of the sale in the case it were sufficient: but the Plaintiff mistakes him selfe for all three accepted of the Sale, and in particuler mr Shrimpton: which appeares by his deed of Sale of the same thing that Stands vpon publique Records a Copie of wch cannot be prsently obtained, but for the truth of it, I refer to the testimoney of the Secretary

    2 To the second the deed being made for 4000li owing to three & yet but 2450 Set downe in the Schedull, by [them] the plainti[ff] may satisfy himselfe that there was no fraude Itended by m[r] Broughton, but that euery man should haue his just proporti[on] otherwise he would not have set it so downe in the schedull but further there was many hundred pounds more owing vnto mr Shrimpton, wch he did not know, whether it was then payd, which was not then set downe, in the schedull, but [if] the deed be observed, and also what is said, in the schedull, i[t] is that euery man should haue his just debt, which w[as] not then Certainely knowne unto him, because he could not tell what was payd in Barbadoes and England, and as it was his Intent that euery man herein exprest should haue his Just proportion, according to what is really due, so it is also our Intent, not to haue one penny more then the rest according to our proportion of what is really due, and for that end, according to my promisse I haue giuen it vnder my hand and Seale long since which Capt Clark hath in behalfe of the Creditors Wch was deliuered in the precence of mr John Checkly.

    3 3dly Whereas he Chargeth fraudulency in that some are left out of the schedull, the weaknes of his reason needs no great strength to answer et, I would appeale to the penman of it: doth mr Stoddard Judge it fraudulency that he has gotten his whole debt & damage of mr Broughtons friends when others are vnpayd, thers no necessitie that a man should pay all his debts, with one & the same thing

    4 To the 4th I referr to the Records.

    5 To the 5th thers no trueth in it the Cattle specifyed were neuer so [   ]

    6 To the 6th whereas its said that the deed was made vpon consideration, that they to whome it was made should pay the Creditors mentioned, besides themselues, the answer is the Plaintiff mistakes himselfe the deede saith no such thing, it is but together with themselues, but themselues haue not received the value of one penny, and whereas its said, they haue payd no part vnto any thats vntrue, for the Plaintiff himselfe hath beene payd a Considerable Sume as is proved in Court, & by himselfe there Confessed, and whereas its Said that that sume one or two of vs, have Improved it for our owne vse, and Lived vpon it, which is altogether fals, and herein the plaintiff doth extremely abuse vs for its knowne that there was an Agent put in by the whole that is to say mr Coles part and ours, whose accompt hath beene rendered for the whole, and as for mr Broughtons Liveing vpon it, it is vntrue, if mr Stoddards and mr Checklys familys had no more supply then mr Broughtons hath from his they would be badly Cloathed & fedd as his is—and where as its said that seuerall of the Creditors haue beene payd by mr Broughton, either out of this Estate or otherwise its in part true, for mr Stoddard hath beene payd: but he best knoweth how: not by this Estate, nor no man else Concerned but mr John Checkly

    7 To the 7th the Sale and Allienation is Absolutly and wee are neither Agents nor Atturneys vnto mr Broughton the Estate is none of his, wee appeale to the Records—it hath beene and is Imployed for the Creditors to whome it is sould, and mr Checkley being one of them hath receiued as is above said, and if this honored Court be pleased to appoint appraysers of the Estate: and it doth then appeare that he is short of his proportion it shall be payd him, both our selues and the Creditors desires that there may be no fraudulency, but that there may be Just & Equall dealings as wee doe manifest in our Petition vnto this honored Court, the which I doe humbly Crave that it may be read & Considered by this honored Court

    Richard Cooke

    true Copie . . . Edw Rawson, Recordr]

    Guardians of Thomas, James, Joseph, and Mary Robinson

    Thomas Robinson appeared in Court & made choice of Mr Anthony Stoddard to bee his guardian which the Court alowed & hee accepted.

    James Robinson appeared in Court & made choice of Mr Wm Bartholameu for his guardian which he accepted & ye Court allowed.

    The Court appoynts Deacon William Parks to be guardian to Joseph Robinson wch sd Parks accepted of.

    The Court appoints Mr Joseph Rock to be guardian to Mary Robinson wch he accepted.

    Huchins discharge of bonds

    Upon dew proclamation made in Court Mary Huchins was discharged from her bonds of good behavior.

    Auditt of the Accots betwixt Gibbs & Joy

    The Court Appoints Mr Jon Saffine & Capt Jon Hull to Audit ye Accots betwixt Mr Robert Gibbs & Thomas Joy & that ye plt & Defendt attend them & that ye Committe make returne as soone as possible.

    [See above, pp. 45 and 64, and consult index.]

    Sarah Bushnells Guardian

    Sarah Bushnell appeared in Court & made choise of Capt James Oliuer to bee her Guardian wch ye Court Allowed & hee accepted.

    Mary Geffs’s Guardian

    Mary Geffs Appeared in Court & made choise of Doctor Daniell Stone for her Guardian wch ye Court allowed & hee accepted.

    Court Order for Setlemt of Geffs’s Estate

    The Court ordrs that for ye setlement of ye Estate of ye Late Jon Geffs, his Relict having disposed of her Selfe in Marriage [22] to Capt Eliza Henry Nelson & is now leaving ye Country that ye sd Relict Sarah Geffs (now Nelson) shall have one third part of ye housing & land during her naturall life & one third of the Moveables is absolutely given to her & the Remaindr of ye Estate to bee divided between the Children.

    Jon Hands agst Capt Thomas Clarke

    Leivt Richard Cooke, Mr Humphry Davie, Mr Jon Winsley & Mr Anthon: Check by all appointed by this Court & consent of parties to Audit all Accompts betwixt Peter Bracket & Tho: Brattle Guardians to Jon Hands &c plt & Capt Thomas Clarke Defendant relating to all Transactions of partnership formerly had betwixt ye sd Thomas Clarke & ye late Marke Hands, & to make report to ye Court of this County as soon as possible wherevpon ye Acion is withdrawne.

    [See above, pp. 45–52.]

    Jon Paine to Jon Freake

    Boston pro Febr 1671. Mr Jon Paine appeared before major Eleazr Lusher & Edw. Ting Esqrs & acknowledged a Judgmt agst himselfe & Estate for Eighty Seaven pounds six shillings & Eight pence vnto Jon Freacke paiable in good provitions according to two bills both dated ye 23th of Febr 1669/70.

    This done as Attest’s Free Grace Bendall Cler.

    Idem to Mr Atwater, vid. p: 90.

    Freemen Sworn

    Nathaniall Eaton, Robrt Allen & Jon Littlefeilde tooke the Oath of Freedom of this Jurisdiction.

    Guardians of Moses, Esther, and Ebenezer Peirce

    Moses Peirce Appeared in Court & made choise of Capt Roger Clap commandr of Castle Island in ye County of Suffolke (sd Pierce being ye 3d Sone of William Peirce Late of Boston deceased) to bee his Guardian wch ye Court allowed.

    Easther Peirce chose Phineas Vpham of Malden in ye County of Middlsex to bee her guardian wch ye Court allowed & hee accepted.

    The Court Appointed Joseph Web to bee guardian to Ebenezer Peirce wch hee accepted of

    Xtopher Wheaton Sentenced

    Christopher Wheaton of Hull wth Martha his wife presented for fornication, hee owned the presentment and preferred a humble petition, she being not well Appeared not, but ye humble desire of many of that Towne on her behalfe was recd. The Court Sentences that they both make an acknowledgmt in publique at Hull to ye Satisfaction of ye Congregation, & pay twenty shillings fine to ye County & the party failing to bee whipt wth ten Stripes by ye Constable, & pay fees of Court this to be done within a month.

    [Paine selling Beere]

    Stephen Paine presented for selling Beere & Sider wthout Licence, ye sd Stephen Paine fined five pounds [23] according to Law & fees of Court.

    Jon Doilie bound to good behavior

    Jon Doilie of Brantery presented for selling strong waters this sd Doily appeared not, & a contempt was ordered to bee Entered, but since hee appeared & the presentmt not fully proved, ye Court sentenced ye sd Jon Doily to bee bound to the good behavior, in five pounds himselfe & fifty shillings apiece two Sureties; Accordingly John Doily as principall in five pounds & Mr Richard Parker & Samm. Heiden as Sureties in fifety Shillings apiece acknowledged themselves bound to ye Treasuror of the County of Suffolke, on the condition of ye sd Jon Doily shall be of good behavior, & appeare at the next Court of this County.

    Samm Browne Sentanced

    Sammuell Browne presented for keeping a house of resort without Licence, is fined five pound’s in mony to ye County and fees of Court Standing committed while ye Sentence bee performed.

    [Norman acknowledged a judgment]

    Thomas Norman appeared before Major Eliazr Lusher Edw. Ting, & Wm Stoughton Esqrs ye 9th 12 mo 1671. & acknowledged a Judgemt agst himselfe & Estate, for One hundred twenty three pounds seaven Shillings & nine pence in mony vnto Caleb Tailor of Boston. Mercht being the Issue of all accounts by Arbitration ye 8th 12 mo 1671.

    Execution issued ye 10th 12mo 1671.

    Court Order about Mrs Justine Patten

    The Court understanding the weaknes by reason of Age of Mrs Justine Patten, relict to ye late Nathaniell Patten of Dorchester, & that she desires some Assistance, orders & appoints Mr Wm Stoughton & Capt Hopestill Foster to bee Assistant Vnto ye saide Justin, & to inspet & secure ye Estate of ye Late Patten, & to cause an Inventory of sd Estate to bee forthwth taken & brought to this Court together wth ye will to bee proved & to make enquiry of all persons that have intermedled wth ye Estate, that soe all persons concern’d in sd Estate, may according to ye will of the deceased have theire just dews & bee noe waies dammified.

    Wharton & Brattles caveat

    Richard Wharton, & Thomas Brattle, appeared in Court & entred a caveat against any person Administring vpon ye Estate of ye Late Caleb Coggan.

    Penniman sworn a freeman

    Jon Penniman of Brantery, tooke the Oath of Freedom of this Coloney.

    Beard & Goodales Oath

    Thomas Beard & Nehemiah Goodale, made Oath in Court to the truth of ye Accot of Goods was stol’n from on board ye vessells by William Reade & Jeffery Richardson. [24]

    Wm Hawkins bond for Appearance

    William Hawkins bound over to this Court, & also presented by ye Grand Jurie for being principally instrumentall & privately conveiing in the night Hannah Hoppin without her friends consent who is reported to bee wth Childe. The sd Hawkins appeared & claimed a Jury soe was bound over to the next Court of this County, & ye sd Wm Hawkins in one hundred pounds as principle, and Capt Sammuell Scarlett & James Mears as Sureties in Fifty pounds apiece acknowledges themselves bound to the Treasurot of ye County of Suffolke on condicion that ye sd Hawkins shall appear at the next Court of this County, and abide ye Sentence of ye Court, & not depart wthout Licence, & in the mean time bee of good behavior.

    Jon Hurd Junr bond for Appear.

    Jon Hurd Junr convicted for being in the company of Jeffery Richardson & Wm Reade Junr at ye breacking open Thomas Grubbs seller ye Court committed him to prison after wch ye Court being informed of his indisposition of body ordered bond to bee taken for his attending ye Court, & so to bee released, & accordingly ye sd Jno Hurd in Eighty pounds as principall & Jon Cowell & Joseph Hurd as Sureties in forty pounds apeice acknowledged themselues bound to the Treasurot of ye County of Suffolke on condicion that ye sd Jon Hurd shall abide ye Sentence of ye County Court & not depart without Licence.

    Juries verdict agst Alice Thomas

    Alice Thomas being accused of severall shamefull notorious crimes & high misdemeanors, she put herselfe upon Tryall of a Jury who brought in theire verdict.

    1. That if breaking open warehouses & Vessells in the night & stealing goods thence bee by Law Burglary then ye sd Alice Thomas is guilty of abetting accessary in Burglary, however that she is guilty of abetting & accessary in Fellonious Theft in receauing buying & concealing severall goods stol’n out of Thomas Beards barque & mr Hulls & mr Pincheons warehouses.

    2. That she is guilty of giving frequent secret and vnseasonable Entertainmt in her house to Lewd Lascivious & notorious persons of both Sexes, giving them oppertunity to commit carnall wickedness, & that by common fame she is a common Baud.

    3. That She is guilty of Selling Wine & Strong Waters wthout Licence.

    4. That She is guilty of Entertaining Servants and [25] Children from theire Master’s and Parent’s Families.

    5. That She is guilty of the profanation of ye Lord’s day, by Selling drinke & entertaining Idle persons & paiing money in a way of Trade vpon that day.

    The Court vpon due consideration of this Verdict Sentenced her to restore to Jon Pinchon Junr forty one pounds fifteen shillings and three pence to Thomas Beard thirteene pounds seaven shillings and eight pence to Capt Jon Hull twelve pounds, all in money being ye proportion of that 3.fold restitution ye Law requireth also to pay fivety pounds fine in money to ye County and fees of Court and prison. Alsoe to bee carried from the prison to yo Gallows, and there stand one hour wth a rope about her necke, one end fastened to ye sd Gallowes, and thence to bee returned to prison. & alsoe to bee carried from the prison to her one house and brought out of the gate or foredoore strip’t to the waste, & there tyed to a Cart’s Taile, and soe to be whip’t through ye Streete to the prison wth not vndr thirty nine Stripes, & there in prison to remaine during the pleasure of this Court.

    [For earlier but similar doings at the widow Thomas’, see Records of the Court of Assistants, iii. 226, and Diary of John Hull, in Archæologia Americana, iii. 232. She was given partial liberty in June, 1672 (below, p. 126). The General Court at its October session in that year, alarmed by the “bold and audacious Presumption of some, to erect a Stews, whore-House, or Brothel House,” enacted that “every such Baud, Whore, or vile Person” upon conviction of setting up or keeping any such house, “shall be severely whipt, at the Carts-tayle, through the Streets, where such Offence or Offences hath been committed, with Thirty Stripes, and thence to be committed to the House of Correction . . . to be kept with hard fare and hard labour,” their recreation being once a week at least “in hair Frocks and blew Caps by the Executioner to be fastened to a hand Cart, and forced along to draw all the filth laid up in the Cart, through the Streets, to the Sea side. . . . ” Colonial Laws of Massachusetts, reprinted from the Edition of 1672, p. 208.]

    William Read sentenced

    William Read convicted for Severall felonious crimes and high misdemeanors, in breaking open Severall vessells & Warehouses, and stealing thence severall Goods. The court on dew consideration of ye Severall particulars Sentences him to pay to Jon Pinchon Junr ye Summe of forty one pounds fiveteen shillings & three pence in money to Capt Jon Hull Eight pounds in Like money to Thomas Beard thirteen pounds seaven shillings & eight pence to Richard Goodall eighteen pounds Eleven shillings & nine pence in money to Thomas Gross three pounds & three halfe pence to Richard Raymond, 3 fold to Experience Willis, 3 fold to Robt Mason, 3 fold to Jacob Mason nine shillings being theire proportion, hee shall goe from the prison to ye Gallows, and sit there one hour wth a rope about his neck one end fastned to ye Gallows and in his returne to bee stript naked to ye waste at his masters dore, & being made fast to a Cart’s Tayle to bee whipt wth not undr thirty nine Stripes betwixt that and the prison & shall bee kept as a prisonr & kept in hard servitude during this Court’s pleasure.

    Jeffery Richarson sentenced

    Jeffery Richardson convicted for severall felonious crimes & high misdemeanors, committed by him wth Wm Read & others, in breaking open [26] Warehouses & Barques, & Stealing thence Severall goods The Court having strictly Examined ye severall crimes & evidences thereto relating most of wch hee owned ye Court Sentenced him to pay forty one pound’s fiveteen Shillings & three pence in mony to Jon Pinchon Junr eight pounds in like mony to Capt Jon Hull thirteene pounds seaven shillings & eight pence to Thomas Beard, to Richard Goodale Eighteen pounds eleven shillings & nine pence to Thomas Gross three pounds & three halfe pence the halfe of threefold for what was stoln from onboard ye Mary Rose all in money being the proportion, & fees of Court. & that hee shall goe from the prizon to ye Gallows, & there sit one hour wth a rope about his necke, one end fastned to sd Gallows, & in his return to bee strip’t naked to ye waste at his master’s Dore, & being made fast to a Cart’s Tayle to bee whip’t wth not undr thirty nine Stripes, betwixt that & the prizon & shall bee kept as a prizonr & kept in hard Servitude during the pleasure of this Court.

    Pew sentenced

    Thomas Pew, convicted for assaulting Ezekill Ham in the Streete in the night the Court Sentences him to pay six shillings & eight pence fine to the County fees of Court standing committed till ye sentance bee performed.

    Samm. Browne sentanced

    Sammuell Browne, convicted for selling liquors without Licence, the Court Sentenced him to pay five pounds fine to ye County, & fees of Court & to put in bonds for his good behavior according to Law, Standing committed till the Sentence bee performed, & vpon his humble petition the Court ordered him, to give in bond for the two fines being ten pounds as alsoe for his good behavior & soe bee discharged his imprisonment & accordingly ye sd Samm. Browne acknowledged himself bound to ye Treasuror of ye County of Suffolke in twenty pounds as condition hee shallbe of good behavior, especially not to sell Liquors nor strong drincke wthout Licence & to appear at the next Court of this County.

    Jones License

    Mrs Dorothy Jones, had her Licence continued to Sell Coffee & Chocolatoe for ye yeare Ensuing. & mr Morgan Jones as principle in ten pounds, & mr Jon Joyliffe & mr Peter Lidgett as Sureties acknowledged themselues bound to ye Treasuror of ye County of Suffolke, on condicion that sd Jones shall obserue her Licence. [27]

    Bernards licence

    Mrs Jane Bernard had her licence renewed to Sell Choffee & Chocolattoe for ye yeare Ensuing & Bartho Bernard as principle in ten pounds & Nathanll Adams and Danll Turill as Sureties in five pounds apeice acknowledged themselues bound to ye Treasuror of ye County of Suffolke, on condicion that ye sd Bernard shall obserue her Licence and not exceede therein.

    Marshalls bond

    Robert Marshall being accused by Walter Barefoote for being an Atheist ye Court ordered him ye sd Marshall to bee committed to prison except hee put in bond of two hundred pounds to Appeare at the next Court of Assistance to bee holden at Boston. Accordingly ye sd Robert Marshall in one hundred pounds as principle, & Robert Couch, & Thadeus Makarty fivety pounds apeice as Sureties acknowledged themselues bound to ye Treasuror of ye County of Suffolk on condicion that ye sd Marshall shall appear at ye next Court of Assistants to answer what shall bee alledged against him as to his being an Atheist & that hee shall abide by ye Sentence of ye sd Court & not depart without Licence. & in ye meane time bee of good Behavior

    [The following deposition is on file in S. F. 162102.1:

    The Deposition of Anthony Crosbie aged thirty-fiue years or there abouts this Deponent testefieth that beinge in Company with Robert Marshall att boston the saide marshall in Discourse was Relatinge his travils with one Captaine Welsh a sea Captaine, he the saide marshall extoled the Saide welsh Extraordinarile for a braue souldier and good Disposition man as euer Came into a shipe, yet saith he the saide marshall [Welsh?] he was an Athest beleuing that there was nither god nor Deuell hell or heauen. I asked him the said Marshall whether all his men were of that belefe he saide some weere and some were not. them that would Read or pray thay might by his permission. I asked marshall what Beleife he was of after a little pause. He the saide marshall to the best of my Remembrance Replyed I Coulld be or I am of Captaine welshes mind only I dare not speake what I thinke heere or in this Country]

    Barefootes Bond

    Walter Barefootte being accused for speaking in a blasphemous mannr ye Court Ordered him to bee committed to prison, vntill ye next Court of Assistants except hee put in bond of two hundred pounds for his Appearance; & accordingly ye sd Walter Barefoote in one hundred pound as principall & Jon Jeffards & Jon Veering as Sureties in fivety pound apeice, acknowledged themselues bound to ye Treasurer of ye County of Suffolke on condicion that ye sd Barefoote shall appear at the next Court of Assistants, to Answere what shalbee alledged against him concerning speking of Blasphemy, & that hee shall abide ye Sentence of ye Court & not depart wthout Licence, & in the meane time bee of good behavior

    Jon Hurd sentanced

    Jon Hurd Junr convicted for being present wth Wm Read & Jeffery Richardson, & accessary to ye breaking open Tho: Grub senr his Cellar dore; ye Court Sentenced him to pay forty shillings fine to ye County & fees of Court, & to put in bonds for his good behavior standing committed while ye Sentence bee performed & accordingly ye sd JoHurd in ten pounds [28] as principall, & Joseph Hurd & JoCowell as Sureties acknowledged themselues alsoe bound in five pound apeice to the Treasuror of ye County of Suffolke on condicion that ve sd Jon Hurd shalbee of good behavior & appeare at the next Court of this County.

    Josiah Lorine sentanced

    Josiah Lorine of Hingham bound over to this Court to answer for his contempt of ye Committe Appointed by this Court at theire last Sessions, to repaire to Hull & examine ye state of ye Estate of ye late Thomas Lorine, & to call all persons before them. ye sd Josiah Lorine refused to appeare though advised formerly by his brethren, & summoned by the dept Govr a member of sd Committe. The Court considering his offence sentenced him to pay five pounds fine in money to ye County & fees of Court standing committed while ye Sentence bee performed. Vpon his humble motion to this Court hee was ordered to giue in bond for the paiment of his fine the 30th of Aprill next & soe bee discharged for the present.

    Robert Belton sentenced

    Robert Belton convicted by his one confession of breacking open the warehouse of Capt Jno Hull & Stealing two peices of Camletts from thence in companie of Jeffery Richardson, The Court sentenced him to pay eight pounds in money to ye sd Capt Hull & to bee whipt wth fiveteen Stripes paiing fees of Court & prizon Standing committed till ye Sentence bee performed.

    Jon Tailor Sentanced

    Jon Tailor, convicted for breaking open Paul Batts shop, & Tho. Grosses his house ye Court Sentenced him to bee whipt wth twenty Stripes & bee branded wth ye Letter B. paiing fees of Court & prizon standing committed till ye Sentence bee performed.

    Jon Smith Sentanced

    Jon Smith, convicted for breaking open Thomas Grosses his house & stealing money & Rings the Court Sentenced him to bee branded wth ye Letter B. in ye forehead paying fees of Court & prizon standing committed till ye Sentence bee performed.

    Isaac Read sentenced

    Isaac Read, convicted for conveying a file & Gimblett to the prisoners (after hee was admonished to the contrary by mr Ting) whereby to practice theire Escape whereby the prison was broken & Jeffery Richardson ran away The Court Sentenced the sd Read to bee whipt wth fifeteen Stripes, or pay ten pounds in money fine to ye County. [31]645

    Take care that if they fiue not orderly & industriously to proceede wth them according to Law.

    [Mrs Faneuil ordered home]

    The Court Orders that the wife of Funnill return to Milton & that ye Selectmen there take care of her according to Law.

    Wm Carpenter sentenced

    William Carpenter, bound over to this Court to answere for beating his wife, ye Court Sentences him to bee whipt wth fifteen Stripes, & to giue in bond for his good behavior paying fees of Court & prison Standing committed till ye Sentence bee performed & vpon the motion of Edw. Porter ye Chandlor it was ordered his one bond should bee taken & accordingly ye sd Wm Carpenter acknowledged himselfe bound to the Treasuror of ye County of Suffolke in ye Summe of ten pounds vpon condicion that he shalbee of good behavior vnto all men espetially towards his wife, & that hee shall Appeare at the next Court of this County.

    Samm. Rialls Bond for ye good behavior

    Samm. Riall, presented for Idleness, ye Court sentenced him to put in bond for the good behavior Standing committed till ye sentence bee performed. & accordingly ye sd Samm. Riall as principle in ten pounds & Samm. Mosely as Surety in five pounds acknowledged themselues jointly & seuerally bound to the Treasuror of ye County of Suffolke, on condicion that ye sd Riall shalbee of good behavior & appear at the next Court of this County.

    Benjan Hurd Sentanced

    Benjamine Hurd, convicted for advising Wm Read in prison not to confess the burning of the Barne & nothing else could hurt him wth severall such like expressions tending to encouradge him in denying his crimes, he confessed what was alledged, & ye Court sentenced him to be admonished & pay fees of Court.

    Stephen Hoppin Sentanced

    Stephen Hoppine, having dealt deceitfully wth the Selectmen of Dorchester, since his reference to them & liued idely; the Court Sentenced him to ye house of Correction & to bee kep’t there to hard Labor, untill hee bee orderly Setled in some convenient Service according to Law wth the Approbacion of ye Selectmen of Dorchester.

    Wm Letherland fined

    Wm Letherland presented for excessiue drincking ye Court Sentences him to pay three Shillings & four pence fine in money to ye County & fees of Court Standing committed till ye Sentence bee performed. [32]

    Zebeon Letherland sentanced

    Zebeon Letherland, presented for excessiue drinking the Court upon the hearing of the case, though hee denyed it, was alsoe informed that hee was drunk that day mrs Whittingham was buried, wch being fully proved they Sentanced him to pay twenty Shillings fine in mo to the County, & fees of Court Standing committed till the Sentance bee performed.

    And alsoe the saide presentmt, being fully proued the sd Zebeon Letherland was Sentanced to pay thirty Shillings in money fine more to the County, & fees of Court Standing committed till the Sentance bee performed.

    Cornelius White bond for ye behavior

    Cornelius White, being cal’d as a witness that gaue Evidence to the Grand Jurie of zebeon Letherland’s being druncke appeared in Court & excused him denying the sd Letherlande was druncke or in drincke. The Court taking notice of his Evill practice therein Sentenced him to bee bound to his good behavior & accordingly Cornelius white as principle in fiue pounds &      &

    as Sureties in fifty Shillings apiece acknowledged themselues bound to the Treasuror of the County of Suffolke on condicion that the sd white shalbee of good behavior & appear at the next Court of this County.

    Murphey sentanced

    Brian Murphey, presented for being a common drunckard, wch hee owned in Court, & also for striking Elinor Shearne that was wth Childe, & other misdemeanors The Court Sentenced him to be whip’t wth fifteen Stripes paying fees of Court & prison, Standing committed till the Sentance be performed.

    Murphies Wife sentanced

    Margarett, the wife of Brian Murphey, presented for common railing & cursing & other misdemeanors, the Court Sentances her to be whipt wth ten Stripes paying fees of Court and prison. Standing committed till the sentence be performed.

    Pollard’s presentmt

    William Pollard, presented for taking Eighteen pence for keeping a Horse twenty four hours wth Salt Hey onley, the sd Pollard appeared & alledged hee had take much pains wth the Horse in rubbing him being hot & alsoe that he had other provender, the Court warned him not to exceede in that kinde, & pay fees of Court.

    Middleton sentena

    Wm Middleton & Eliza his wife presented for fornicacion before marriage, the presentmt was owned & a humble petition preferr’d. the Court Sentenced them to pay forty Shillings in money fine to the county & [33] Fees of Court, & that they make a satisfactory acknowledgmt in the publique congregation where they usally hear, & thereof to bring a certificate under the hands of the Church officers of that Congregation, & the partie failing herein to be whip’t wth ten Stripes & this to be done within one month next Ensuing.

    Carpenter’s presentmt

    Sarah Carpenter, presented upon strong suspicion of being wth Childe, the Court ordered she should bee Searched by mrs Parker, mrs Williams, & mrs Sands who made return wth Goodwife Tailor a midwife, that she was not wth Childe.

    Gross sentanced

    Isaac Gross, convicted of breaking prison formerly & Lying the Court Sentances him to pay fifty Shillings in money fine to the County & fees of Court, & to giue in bond for the good behavior standing committed till the Sentance be performed. & accordingly Isaac Gross as principle in ten pounds, and Jno Williams & Tho: Gross as Sureties in fiue pounds apeice acknowledged themselues bound to the Treasuror of the County of Suffolke on condicion that Isaac Gross shalbee of good behavior & appear at the next Court of this County.

    Paines fine respited

    In Answer to the petition of Deacon Bass & Stephen Paine, the Court respites the last fine of sd Stephen Paine till the next Court of this County.

    Bennett sentanc’d

    Ambrose Bennett Junr convicted for breaking open Jer. Murrells Sellar & Stealing twelue Shillings in money from thence the Court Sentanced him to pay Thirty Six Shillings in mony to sd Murrell & bee branded paying fees of Court & prison standing committed till the Sentance bee performed.

    Mary Read’s oath

    Mary Reade, made in Oath in Court this 9th 12mo 1671. that the Childe that was born of her Body of wch she was deliuered at Hampton was begot by Edwd Naylor & no other man.

    [Mary Read was summoned as witness in case of Edward Naylor, accused of adultery, Sept. 7, 1672. With Anna Keene she made the following deposition (S. F. 1148.16):

    Anna Keene examined sath yt I heard mrs Simkins say she d[id] apprehend mr nailer was poisoned & she gaue her some thinge to expel ye poyson & being asked how she came by it she shooke her head & said noe more but said she would haue stayed longer wth ye [said?] Saml Emens his wife but yt she would goe to her because of her weaknes. owned in Cort by mary Read ye 7th of 12 mo 1671.

    Edward Naylor was a frequenter of the widow Thomas’s bawdy house, and often in trouble. See Index, also Records of Court of Assistants, iii. 224–26.]

    Hunt and Miller ordered out

    The Court order’s that Jon. Hunt & Stephen Miller depart this Towne before the 15th Instant on penalty of Impisonmt

    Eliza Arnold sentanced

    Elizabeth Arnold, convicted of Cursing & Lewd profane Speeches, & other misdemeanors, the Court Sentanced her to pay ten Shillings fine in mony the County & fees of Court & to bee bound to the good behavior. & accordingly Eliza Arnold as principle in ten pounds & Isaac Cosen’s & Tho: Stanburry as Sureties acknowledged themselves bound to the Treasuror of the County of Suffolke on condicion Eliza Arnold shalbee of good behavior. & appear at the next Court of this County.

    The Court Adjourned to ye 15th Instant [34]

    At a County Court held at Boston, by Adjournmt ye 15th 12mo 1671.

    John Saffine tooke the Oath of Freedom of this Colony

    The Court Adjourned to the 17th Instant.

    The Court mett by Adjourmt 17th 12mo 1671.


    • Ri: Bellingham Esqr Govr
    • Edw. Tyng
    • Jno Leveret, esqr Dept Govr
    • Wm Stoughton

    The Court discharges Wm Kentt from his Administration to the Estate of Wm Atkins hee having brought in the Accot thereof.

    Is: Read’s fine abated

    The Court abates forty Shillings of the fine imposed on Isaac Read vpon the humble petition of his Father.

    Free: Bendall’s discharge

    The Court discharges Free Grace Bendall from the future paying two Shillings per weeke (on the behalfe of Joseph Liste) to Mary Lion for her childe, who are departed this Country & given him a discharge.

    Order about Jon Greene

    The Court Appoints, that the Accot of mr Jon Greene given into Court concerning mr Jon Alcocks Estate, as alsoe the objections given in by Jon Williams bee deliuered to the abouesaide Greene who is to attend a Meeting of the Overseers & guardians of the above sd Doctor Alcock Children.

    [A copy of John Alcock’s will, naming Greene joint “Over Seer” with Edward Rawson, is in S. F. 1721.2.]

    Pattens Administr

    Administration to the Estate of mr Nathaniell Patten late of Dorchester, is granted, to mrs Justin Patten his relict she bringing in an Inventory of sd Estate, & giue Security to Administer according to Law.

    The Court Adjourned till the 22th Instn

    The Court mett according to adjournmt ye 22th 12mo 1672/71


    • The Govr
    • Edwd Ting r
    • Dept Govr
    • Wm Stoughton

    Mr Wm Brinsmead tooke the Oath of Freedom of this Colony.

    The Court ordered that the bonds of Jon Tuder & his sureties bee deliuered up sd Tuder having departed ye Towne.

    Moxon sentanced

    Thomas Moxon being vehemently Suspected of being dishonestly familiar wth Eliza the wife of Jon Langbury howeuer she denies that hee gaue her the halfe Crowne hee was formerly accused of (to bee naught wth her) the Court Sentances the sd Tho: Moxon to bee bound to the good behavior & pay fees of Court. [35]

    Lorines Administracion confirmed

    The Court considering of the return of the Committee Lorines appointed by this Court to consider the State of the Estate of the Late Thomas Lorine of Hull, as alsoe the petition of mrs Jane Lorine his relict, & Thomas his eldest Sone to both wch Administracion was formerly granted. The Court confirms theire former Administracion joining wth them Jon the second Brother, & order them to attend the Law, in bringing in an Inventory of sd Estate to the next Court of this County.

    The Court Adjourned till ye 29th Instant

    Administracion to the Late Stephen Minot of Dorchester is granted to True Cross his Relict, she bringing in an Inventory of sd Estate, & giue Security to Administer according to Law.

    This thus done As Attests Free Grace Bendall Cler

    Present, the Govr Dept Govr mr Stoughton.

    The Court mett according to Adjournmt


    • The Govr
    • Mr Tyng
    • Dept Govr
    • Mr Stoughton

    Vpon the Informacion of Eliza the Relict of George Ruggles to this Court that the ground on wch the dwelling house of Jon Smith standeth belongs to the Childe of the Late Jon Wilmot, soe that if any casualty should happen to sd house, the abouesd Childe would be utterly disappointed, & frustrated of Security the Court intended for him. The Court therefore orders that Jon Smith giue in Security to this Court’s Satisfaction before hee alienate ye land that lies next mr Richard Wharton’s.

    Court ordr concern. Jon Hunt &c.

    The Court considering that notwithstanding what hath beene formerly ordered concerning Jon Hunt & others, as appeares by the Select men of Boston’s Applicacion to this Court that they yet continue in this Towne. It is ordered that forthwth a warrant be Issued from this Court to commit them to prison.

    Court ordr concern. Pattens Estate

    The Court orders that for the Setlemt of the Estate of the Late Nathaniell Patten of Dorchester, that Benjamine Beale haue forthwth the Land in Boston late bought of George Halsey wth the Emprouements & after the decease of his Aunt mrs Justine Patten hee is to haue halfe of the Lands & housing at Dorchester, the remaindt of the Estate is confirmed on the Widow to dispose as shee seeth meete.

    Court ordr for the Keeper

    Vpon the motion of the Keeper of the prison to this Court [36] relating to Extraordinary charge hee hath beene at for Securing of prisonrs The Court ordered that the one halfe of sd Charge shalbee paide by this County Treasuror

    Lovell’s Administr

    Administration to the Estate of Isaac Lovell Late of Barbadoes deceased (wch was formerly granted to Capt Samm Vennor in behalfe of Wm Boseman of Berbadoes Marcht) is granted to Phillip Fitz Randall (the abouesd Vennor being deceased) he having brought in an Inventory of sd Estate, giuing as Security to Administer according to Law.

    Hutchinson Attorny agst Atkinson

    The Court desires & Appoints Capt Edward Hutchinson to appear at the next Court of Assistants, for the answering the Appeale of Theodore Atkinson Senior from the Sentance of this Court, where hee was fined ten pound for commencing a Vexatious Suite contrary to the Law title Barratry.

    [See above, pp. 53–9.]

    [Naylor’s Petition]

    The Petition & complainte of mrs Catharine Naylor agst her husband Edw. Naylor is refer’d to the next Court of Assistants.

    Rosemorgan to Edw. Ting Esqr

    Richard Rosemorgan of Charlestowne appeared before Jon Leuerett Esqr dept Govr & Edw. Ting Esqr the 19th of 12mo 1671 & acknowledged a Judgmt agst himselfe & Estate to mr Edw. Ting Treasurer of the County of Suffolke for ten pounds in mony.

    Execucion Issued ye 23th 4 mo 1673 for 10li

    Markham to Edw. Ting Esqr

    Daniell Markham, of Mistick appeared before Jon Leverett Esqr dept Govr & Edw. Ting Esqr & acknowledged a judgemt against himselfe & Estate to mr Edw. Ting Treasuror of the County of Suffolke for ten pound’s in mony. yt don 19th 12mo 1671

    Execucion Issued ye 23th 4mo for 10li

    Sergeant to Brading

    Wm Sergeant of Amesbury appeared before Richard Bellingham Esqr Govr & Edw. Ting Esqr & acknowledged a Judgmt against himselfe & Estate, for three pounds Eleuen Shillings in mony to James Brading of Boston. Boston. 19th March 1672/1.

    Collins to Atkinson

    Roger Collins appeared before Jon Leverett Esqr dept Govr & Edw. Ting Esqr & acknowledged a Judgmt agst himselfe & Estate, for sixteene pounds nine shillings & nine pence in boards or Staues to bee deliuered in Boston at price Currant to Theoder Atkinson Senior. This done the 30th 2mo 1672. As Attests Free Grace Bendall Cler.

    Lovell to Dexter

    Jon Lovell of Weymouth Appeared ye 30th 2mo 1672 before Jon Leverett Esqr dept Govr & Edw. Ting Esqr & acknowledged a judgmt agst himselfe & Estate for three pounds twelue Shillings & Six pence in mony or Cordwood, to bee paide in Boston unto Tho: Dexter of Boston.

    Execucion issued ye 6th 7br 72 for 3li 12s 6d mony or Cordwood. [37]