Jury of Tryalls Sworne
[Bicknell v. Anderson]
John Bicknell plaint: conta John Anderson Defendt according to Attachmt Dat: December 7th 1672: The plaint: in failor of process was Non Suited.
[Henchman v. Rock]
Daniell Henchman, plaint: conta Joseph Rock Defendt in an accion of the case for that hee the saide Rock hath not performed Articles of Agreement relating to partnership between them & before the consummation of such Articles proposalls being made for the cessation of the saide partnership, which by the saide Rocke were accepted & the saide Rock promised to return the Estate of the saide Henchman againe, & thereupon tooke possession of all from the saide Henchman & now refuseth to make good the same, to the vallue aboue five hundred pounds, which is to the great dammage of the plaint: with other due dammages according to Attachmt. Dat: Novembr 26:1672. . . . The Jury . . . finde for the plaint. five hundred thirty Eight pounds ten shillings & four pence mony & costs of Court: the Defendt Appealed from this Judgment to the next Court of Assistants & accordingly the saide Joseph Rock as principall in one thousand pounds & James Brading & Tho: Dewer as Sureties in five hundred pounds apeice acknowledged themselves respectively bound to . . . prosecute his Appeale . . .
[Henchman and Rock conducted in partnership a store of general merchandise (account in S. F. 1162.8), and also owned cattle and negroes in common. There was a dispute over the accounts, and several offers of Henchman to buy out Rock were refused (S. F. 1162.4). Henchman’s daughters testify to the relations between the families (S. F. 1162.12,13):
Hannah Henchman aged about 20 yeares saith that soe long as mrs Rock disposed of all the milke, & sent mee over what & at such times as she pleased, there was noe difference, but from the time it was to bee equally devided there was a continuall disturbance by mr Rock about chopping & changing what was still agreed on, about the milking of the Cowes & on a munday morning about the 2d weeke in the month of July. 1671. my Father examined Will: Lamb about taking mony from her brother Richard, who daily tooke an accot of things & Saying the partnership was broke & forbidding him to meddle further; Hee replied yes his mr or mrs Rock bid him & told him soe & hee must doe according to order & that night mr Rock’s Servant milked her Father’s Cowes as well as theire owne & soon after & next morning a pot of milk was sent us from mrs Rock but returned back & alsoe the same night all the dores were locked up, & the bunches of Keys carried away ever after which used to bee brought to my Father’s, soe that one night my Father was locked out of dores, the same week mr Rock came & sent often to haue the Shop cleered of my Father’s goods for him, which hee tooke possession off the same weeke & therein of Severall goods with an jnvo[ice] of them, which her Father would giue him an account of although hee saide there was noe need soe to doe; after this wee were Severa[ll] times denyed water at the pump & mrs Rock in a flouting manner calling out to mee, saide Hannah here is water to wash yor milk pots in, pointing to that shee had rinced her Cloathes in: but I replied not, being charged by my father to bee quiet, whatever affronts were offered, & at another time she comming into the house I heard her wish that we were gone.
Sworne in Court. 28: 11mo 1672. Attests Isaac Addington Cler . . .
Ann Henchmann aged about 30 yeares, saith that. . . . soon after this wee were denyed water our pail sometimes thrown away & the pin at other times taken out of the pump; & once or Negro comming from the pump without water told mee something of the woman & the pin, upon which I went to the pump & founde the pin taken out & mrs Rock laughing with her armes acimbow, whereupon I went my Selfe before & after to Fetch water abroad, yet was water given away daily & mra Rock’s clothes brought over to rince which was never soe before, & farther saith that a few dayes before the Court of Election, wheat was Laide in the Chamber over the Hall, for want of roome as I understood.
Sworne in Court: 28. 11mo 1672 Attests Isaac Addington Cler . . .
Rock’s reasons of appeal (S. F. 1162.3) follow:
Joseph Rock his Reasons of Appeale from the Judgment of the County Court held in Boston 28th Jan 167⅔. in the Case betwen Mr Daniell Henchman plantife and Joseph Rock defendant
1 Because the Jury erred in giueng a verdict against The Said Rocke for 538li 10s 4d money and Cost of Court; which will apeare to bee an Errour; In that the thing Sued for in the prosese, is for not parformanc[e] of Articles Relating to partnership, and the manner how these Articles are not performed, is declared in the sd proses to bee, by not parformance of proposals for the Cesation of the sd partnership wich were accepted by the said Rock, and the Sd Rock promised to Returne the Estate of the Sd Hinchman Againe & ther upon tooke posetion of all from the sd Hinchman; and now Refuseth to mack good the same; to the vallue of aboue fiue hundered pounds; The Articles being duly Considered doe not bind Rock to brack of partnershipe but to hold it Seuen yeares, nor doeth the Articles say Rock Shall Returne the estate to the said Hincksman againe; nor doe they admitt of action one against anoth[er] hauing prouided that Such deferences Shall be determined by frinds there in Expresed, Soe that there is noe Cause to Sue me for Breach or not parformance of Articles, as in Exprese terems he doth, Neither is there any Reason that Judgment Should be obtained Against mee Except that I had brocken the Sd Articles which I haue not done, But if the Jurey Concluded that Mr Hinchman Sued for his Estate to be made good or Returned to him, by vertue of the proposells for the Braking of partnershipe, They were (in my opinion) in a duble Error; First Mr Hinchman doeth not Sue for his Estate to be Returned, Except it be according to the Articles or else quit[e] Contrary to the Articles, Now if it be according to the Articles that hee Sueth there is noe Cause of Action be Cause the partnershipe [is] to Continue Seauen yeares, Or if it bee quite Contrary to the Articles that he soe demands, Why doth he sue for non parformance of them, by not dehuering the Estate, there is such A Contradiction in the Attachment as Renders it Fondementally Erronious; The Case is not here under stood, whether Mr Hinchman Sued for not parformance of Articles or not parformance of Collaterale proposalls, If they are Called two Accitions in one Attachment I Answare; It is not Rationall for two Acctions in one Attachment, to be for one and the same thing, Neither is there two Actions But one Action grounded upon two Cases that are absolutly Contrary one against another, Soe if one doe stand the other must fall Heare is an Estate Sued for to be made good by the Articles and Contrary to the Articles by the propossells, If Such proses are Right who will feare euer being Non Suted or Cast
2 The secount Reason of Appeale, is because the propossells for disoluing the Artticlesof partnershipe was neuer Consumated and Consequentley the Articles not Nullified but yet stand good against and for both parties, now if the Articles are not Nullified nor the partnershipe disolued it is very aparan[t] the Judment against Rocke is erronious That the propossill was not Cunsumated will Euidently Appeare by the particalers following which I Humbley begg this Honoure[d] Court and Jurey to be Serious in the Consideration of & I hope yt will giue Light to a Right Consideration of the Case
The propossells were neuer Concented unto nor understood, by both parties if by either of them, and for the proofe of this I referr the Court and Jurey to that Numerous Companey of Euedences, which Mr Hinchman produced against me, Amongst all which there is not one Expresseth that there was a full Agrement betweixt us, but they all in one agree thatt at all oure metings and in all oure discourses there was deferences betwixt us about the intreast of Money and Lost of Negroes & The Quantaty and Quality of what Mr Hinchman had put in to partnershipe, Soe fare then are these propossells from Nullifieng the partnershipe, that they were not agreed upon and neuer Amounted to the vallidatie of a Verble Bargaine, It is true if Mr Hinchman would haue bine as Good as his word, in for baring the Money for A yeare with out Interest & in alowing his part of the Lost of Negroes and giueing A Sattisfactary accoumpt of his transactions in the time of his keeping of his accoumpts, and had Cleared yet to me by his accoumpt Corrant and other Accoumpts how much he had truely put in to Stock, Then had there bine a verball Bargaine betwixt us for the Cesation of partnershipe, and I must haue Returned him his Money Accordingly; If it Could be Judged good in Law That a verble Bargaine were Sufficient to Null and desolue Aarticles of agreement vnder hand and Seale; A pressedent for which is not to bee found as I humble Conceue Especially were the teremes of the verball Bargaine or rathere propossalls was neuer parformed now agreed to How then can the artacles be disolued; which I leue to Consideration; For that Articles and all Couinents under hand and Seale are not Nullified Except by Sume act good in Law of Like vallidity
Mr Henchman owned that the Artacles were not to be Conseled untell Rock had parformed his agrement for desolving them as by Mr John Hull deposetion, If soe then the Question is whether Rock hath parformed his agrement, If he hath not Then are the artacles good and the Judgment Wronge, if he hath parformed his agrement then there was noe Chanse of action
My Remaning in possetion or Mr Hinchman Leauing possestion may if it be said I E[y]iceted or dispososed Mr Hinchman of all yet doeth not that either disolue the Articles nor Conferme and Consumate the proposalls It doth not disolue the Artacles for by them may he Sue for and obtaine possetion againe or the forfuture of A Thousand pound, nor doeth yet Consumate the proposalls which can not be Confermed Except the Artacles bee Nullified, it can not be Reason that be cause Mr Hinchman hath left me in possetion that I must therefore be bound to Such termes as was Neuer agreed upon
Againe it will appeare from the Bond of Arbitration Dated 24th of August 1672 That the Articles of Partnershipe was not disolued Nor the proposalls Conseumated, by Caus the Thing put to Arbitration was Seuerall Question Doubtes and deferances depending betwixt Joseph Rock and Daniell Hinchman, about Partner Shipe and accoump[t] there unto Refering. And not at all relating unto the deferances betwixt them Concerning the terems vpon which the Partnership Should cease or End. This Euidence under hand and Seale of Hinchman, as wele as Rock I hope it is plainely demonstrated that ye Articles of partnershipe are not Nullified nor the proposall confermed Therefore the Judgmen not Rright
The thurd resan of Appeale, Is be Cause that upon the Suposition that the Articels was Nulled, And the partnershipe disolved, by the proposalls, And that Rock was bound to make good Mr Hinchman estate which he had in partnershipe, yet is the Judgment Eronious, in Regard it is founded upon a Ronge Basis, as will Appeare by the following particulers being Considered
Either the Judgment was grounded upon the Accoumpt, which Mr Hinchman gaiue in and Sworne unto or else upon the Testimones,
If upon the Accoumpt there was no Ground to find against Rock By that, as may Appeare by Mr Hinchman proposalls for Agrement upon which the partnershipe was to seace upon In which he hath Expresely Said that Mr Hinchman was to deliuer Rock the sd Hinchman Accoumpt Curant of what the Stock was Debter to him upon oath, I Begg the Court and Jurey to Compare the Accoumpt which he Sued me upon and unto which he did take his oath in Court,with the proposalls and it will planily Appeare that the Accoumpt is Intiteled Sock in partnershipe betwixt Joseph Rock and Daniell Hinchman Debter, And not Daniell Hinchman his accompt Curant Debter, Soe that the Accoumpt by which he Sued is not the Accoumpt by which I was Bound by according to his one Confesion If he will Sue me for Not oth acting acording to them proposalls and deliuering his Estate, he Should haue Sued by the Same Accoumpt which according to the proposalls was to determen how much that Estate was and not by any other Accoumpt
l s d
2 Againe the Judgment Could not be grounded upon this Accoumpt Because the Ballance of the Accoumpt being
doth not agree with the Judgment which is for
Soe that there is deferance betwixt the Ballance Sworne to and the Judgment
It is plaine yt the Accoumpt is fals or at Least not Appeareing True to the Jurey, If the Judgment was Grounded upon the Accoumpt They Should haue found ether the Ballance or Nothing
Againe if the Judgment was grounded upon the Testimonies as it Appeares it was It being Agreable to Capt Savedges Testimones and Mr Brattels, which Say that by Mr Hinchman[s] Books he is Creditor upon ye Accoumpt of Ballance 538li—10s—4½d which is with in a halfe penney of the Judment If it be grounded upon these testimoneys it hath no Ground at all being Rightly Considered,
Mr Brattell and Capt Savedge was not made Auditors of the Accoumpte by the Court in this Case therefore there Testimoneyes noe Euidence to the Jurey Concerning the truth of the Accoumpt
They doe not Afferme that there is 538li 10s 4d due to Mr Hinchman to Ballance Butt Capt Savedge Saeth that Mr Hinchman is Credetor Soe much upon the Accoumpt of Ballance in his Bookes and Mr Brattell Saeth there was Soe Much due by the Ballance of the accoumpt of Cash, and both they and all the Rest of the witneses doe not Afferme the Accoumpt to be true, the most they say they appeare Soe to them as they are Stated, they are farr from Attesting them true; That they onely declare the see noe Errors and thinke them True
Mr Hinchman onne oath to the Accoumpt put in to Court, that it is a True and Just Accoumpt to his Knowledge proues his Accoumpts in his Bookes not to be true By 53li 04s 09d and Richard Hinchman in his oath Mentions 545li 01s 08d to be payd in by his Father Soe that heare is two oathes Mr Hinchmans and his sonne to proue that the Ballance of 538h 10s 4d is not Right which Capt Savidge and Mr Brattell doe not Afferme is true, I Leaue it to the Honoured Court and Jurey to Conceder what Littell Ground the Jurey had Soe to find against me Concedering the premises which I suppose are Sufficiently proued
That the proposalls was Neuer agreed upon Concented to, or understood by both if by Either partys and therefore Could not Cutt of the Articles
That the Articles of Parnorshipe are not Broken nor the Partnershipe disolued, which doe not bind Rock to deliuer or Returne Mr Hinchman his Estate
Then was there noe Resion why Such a Judgment nor Indeed Any Should haue bine Geuin in against me either by the Accoumpt produced in Court and Sworne too, or by yt Testimoney which Accoumpt and Testimoney are Soe Contradictory one to the other, I pray pardon for my prolixity It is not my desire
to doe Mr Hinehman Ronge Neither would I be to great a Sufferer by Him, The Lord direct this Honered Court and Gentellmen of the Jurey to a Rrigh Judgment the which is the prayer of him who is your humble Sarvent
These Reasons were received by the hands of mr James Brading Febry 26th 1672 about: 4: a clock afternoon
as Attests Isaac Addington Cler
Henchman’s answers to these reasons of appeal are in S. F. 1162.5. They appear to have been effective.]
[Robinson guardians v. Rock]
Anthony Stoddard guardian to Thomas Robinson, William Bartholomew guardian to James Robinson & Deacon William Parcks guardian to Joseph Robinson plaints conta Joseph Rock Defendt in a action of the case for perfidiously & fallatiously obtaining out of theire hands & violently deteining from them an Account given to them by the saide Rock & mutually by him & them examined & made up divers months since & paiment promised them, the ballance whereof was Seventy five pounds or thereabouts due from him to them for three parts of the saide ballance in the behalfe of the aforesaide Thomas James & Joseph Robinson, with all due dammage according to Attaehmt Dat: Janry: 15th 1672.  . . . The Jury . . . finde it not tryable in this Court the Damage being under forty Shillings.
[Cf. above, pp. 109, 155, and below, pp. 210, 217, 241.]
Goodman conta Cock
James Goodman, plaint: conta Edward Cock Defendt in an accion of the case for deteining & not giving an account of a Chest with monys & severall goods in it as namely ten ounces & two Akees662 of dust gold, four gold gemmell Rings, twenty peices of Eight four Nutmeggs a paire of Silver buttons with the linke broken one paire of woosted Stockins, as alsoe another Chest with tooles in it, all which perticulers were Shipped aboard the Catch Society at Carlile bay in Barbados the saide Edward Cock being master of the saide Catch
Clarke conta Bridgham
Richard Collicott, Humphrey Hodges Anthony Checkly or either of them Attourny to Thomas Clarke late of Plimouth plaint: conta Jonathan Bridgham Executor to Mrs Elizabeth Bridgham late widow & relict of Mr Henry Bridgham late of Boston deceased defendt in an accion of the case for that the saide Bridgham doth refuse to deliver unto the saide Clarke the summe of Forty six pounds ten shillings & a penny in mony, which is due unto the saide Clarke by virtue of a judgment granted him against Mrs Bridgham at a County Court in Boston in July last to say, forty four pounds in mony damage & two pounds ten shillings & a penny in mony cost of Court, for want of which mony the saide Clarke is very much damnified with other due Dammages according to Attachmt Dat: January 7th 1672 . . . the Jury & are on file with the Records of this Court. The Jury brought in theire Verdict & founde for the Defendt costs of Court. The plaint: appealed from this Judgment to the next Court of Assistants & accordingly the saide Anthony Checkly as Attourny aforesaide as principall in forty pounds & Daniell Turill senior & Sammuell Sendall as Sureties in twenty pounds apeice acknowledged themselves in open Court respectively bound to . . . prosecute his appeale . . . 
[See above, pp. 5–9, 99–100, 130–31. It does not appear that the appeal was allowed.]
Pope conta Minot
John Pope, plaint: conta Sammuell Minot Defendt in an accion of the case for deteining of an agreement made between saide Minot & the saide Pope for a parcell of land being twelue Acres, which the saide Pope bought of the saide Minot & hath according to contract in part paide for, & all due Damages according to Attachmt Dat: Janry 3d 1672 . . . The Jury . . . founde for the Defendt costs of Court, which was 9s 8d
William Waldren, administrator of or to the Estate of Oliver Duncomb deceased plaint. conta Christopher Smith Defendt in an accion of Reveiw of a judgmt granted the saide Smith against the sd Willm Waldron admr &c. at a County Court held at Boston on the twenty ninth day of October 1672 where the Jury brought in theire Verdict, they founde for the plaintiffe Twenty eight pounds six Shillings eight pence halfe penny, being one third part of the ballance, the saide plaintiffe being accountable to the partnrs in fellowship theire parts of the Goods in the plaintiffes hand as is Specified in the Accot upon Oath in the four last perticulers & costs of Court & other due Damages according to Attachmt Dated Novembr 29th 1672. . . . The Jury . . . founde for the Defendt Costs of Court. The plaintiffe appealed from the Judgment of this Court to the next Court of Assistants. . . .
[See next case.]
Waldren conta Smith
William Waldren, plaint. conta Christopher Smith Defendt in an accion of reveiw of a judgment granted the saide Smith against the saide William Waldren at a County Court held at Boston on the Twenty ninth day of October 1672 where the Jury brought in theire Verdict, they founde for the plaintiffe on the ballance of Accounts Twenty eight pounds six Shillings eight pence halfe penny being one third of the ballance the saide plaintiffe being accountable to the partnrs in fellowship  theire parts of the goods in the plaintiffes hands Specified in the account upon Oath in the four last perticulers & cost of Court & other due dammages according to Attachmt Dat. Novembt 29th 1672. . . . The Jury . . . founde for the Defendant costs of Court. The plaintiffe appealed from the judgmt of this Court to the next Court of Assistants & accordingly the saide William Waldren as principall in fifty six pounds & Leift Richard Cooke & John Vsher as Sureties in five & Twenty pounds apeice acknowledged themselues in Court respectively bound to . . . prosecute his appeale . . .
[See preceding entry, and above, pp. 135, 158, 163–4, etc.. Waldron’s reasons of appeal to the Court of Assistants (S. F. 1194.10) follow:
To the Honored Court of Assistance, William Waldrons Reasons of Appeale from the Judgment of A County Court held at Boston the 28th of Jannuary 1672 in an Action of Revew, of A Judgment of A County Cort held in Boston October last
Inprimis For I gave into the said Court his Exceptions Against Christopher Smith, his Accompt, most of them proveing his Accompt falce, in most of the Articles thereof by wittness as referrence being had to the said Exceptions may and doth more at large appeare, Yet the said Court and Jury found A Confirmation of the former Judgment, by findeing for the defendant, Cost of Court as I humbly Conceive Contrary to the oathes of many wittnesses, And thereby Accompting the said Smiths owne single oath though backt with neither testimony nor truth in any thing that is Essensuall to the Case to be of more vallidity then any of the other testimonyes Contrary to his.
2ly That it might be well weighed and Considered that Smith by his owne Single oath hath sworne for his owne proflitt A great many pounds therefore ought not to be beleeved Because the word of God saith that out of the mouth of two wittnesses every thing ought for to be Confirmed, but Smiths Case is soe farr from being soe Confirmed, that them who were in his Company in that voyage, doe sweare the direct Contrary to most of his perticulers, And I hope Also it will be Considered how fallatious he is in his Accompts, and proceedings and how Daingerous A person he is to be Admitted, to take his oath or to be beleeved, when as I doe vpon good grounds beleeve he will be proved guilty of Forgery, if Inquired into, by takeing vp goods of mr Samuell Shrimpton, by writeing A noate in the name of Olliver Dunkcumbe after he was dead, And none of the said Dunkcumbs act but Smiths after the said Dunkcumbs death.
3ly Besides more then is proved in the Plantives Exceptions, there is proved Smiths 7th and 8th Article on the Debter side of his Accompt to be false by George Bucklands oath where he makes Debter, 5l 19s 0d in the two Articles, but paid no more to the said Buckland but 3l as proves his testimony where he saith he had of him but 2 Moose skinns and 19s more was due to him, And the 2 Moose skinns on the Credditt side of Smiths Accompt in his 8th Article are Vallued at 2l 1s soe that there is in these two Articles 2l 19s Charged falsely.
4ly In his Answer to my Exceptions against the 38l 6s 11d Charged in two Articles paid mr Shrimpton is that it was Justly due and Justly paid, which was true as to mr Shrimpton but very vniustly brought to the Accompt, being Smiths part of the Stock, in that voyage And because not soe owned nor Allowed in the former Judgment Appealed from, wherefore the plaintive Appealed to this Court for releife.
5ly To his 18th Article on the debter side he Charges 53l 6s 8d which the said Smith makes them debter for, (it was their owne goods being parte of the Stock left behinde with Olliver Dunkcumbe, And the produse thereof delivered to the said Smith as is proved by the testimonyes of John Perkins Richard Shoot and James Debeck, And therefore very vnreasonable for them to be made debters for their owne goods to him, and therefore to be releived from such Iniustice, as this is humbly Conceived to be, I Appeald to this Court for releife.
6ly That my Exceptions with the proofs of them might be well weighed and Considered, which doe Conteine much reason of my Appeale, which I desire this honored Court and Jury to Consider of them as if here Incerted which is omitted here to Avoyed tediousness, vpon which I doubt not but to finde releife from being made debter for my owne goods, and all other Iniuries Susteined by the said Judgment, Appealed from to this honored Court.
7ly In his 6l Article on the Credditt side of Smiths Accompt he mentions 3 firelocke Musketts not Vallued And the first Court and Jury that heard the Case did not Consider the same neither did the said Court nor Jury Appealed from as is humbly Conceived which is A damage to the Appellant.
8ly There is severall goods which the said Smith hath received and not given Credditt for as followeth, 3 ottar skinns one bilbo Rugg 2 Rowles of Tobacka one Copper Kettell, 2 Indian Hatchets And also other goods received he hath given Credditt Short of what he did receive, as followeth, in the last Articles of his Accompt on the Credditt side; where he gives Credditt but for one hundred waight of Shott and Lead, and he did receive two hundred weight, And but for A Quarter of A barrell of powder he received A third Parte of A barrell, And but for two gunns when he had three; All these Above particulers proved by the testimonyes of Richard Shoote and James Debeck, And he by Indirect means makes the whole Cargoe sent Eastward to be but 80l when it was Above 100l As proves the testimony of John Perkins And Allexander waugh two of the Company that went the voyage, And my Accompt
9ly Moreover tis wittnessed by Edward Nailor, and Thaddeus Mack Cartar, two of his wittnesses, that they were paid 12 or 13l by Smith in Beavor at 8s per pound as money, yet he gives Credditt for Beavor That was of the same Parcell but 4s 6d A pound, In the 10th Article of his Accompt on the Credditt side And maketh noe mention to whome he sould it, Least his falsehood should Appeare, And beside he sweareth to his Accompt as true, Never maketh mention of the whole he did receave, from John Perkins neither Credditt nor Debtor, As proves the two testimonyes of the said Nailor and Mak Carter.
10ly He Charges in his bill of Cost for 15 wittnesses 2 dayes in this Action when he had not Above Nine or tenn besides records out of the Court which I desire may be Considered
11th If I may Obteine the favour of this honored Court that since the whole Matter is so grosly erronious more or less Allmost in every Article, which may prove to tedious to the Jury, to finde out, that this honored Court would be pleased to Appoint An Auditt to Exammine the Accompts and proceeds of the whole Matter, I doe not doubt but it would prove the onely way to finde out the Justness of the Case, for the releife of your wronged Supplicant.
It does not appear that the appeal was allowed. To conclude this long series of cases, see below, p. 210.]
Anderson conta Cox
John Anderson, plaint. conta Robert Cox Defendt in an accion of Trespass for that the saide Cox hath built a house partly upon the Land of the saide Anderson neere his house in Boston by Halsies Wharfe aboue the highway whereby hee hath taken away the saide Anderson’s land about three foote at the upper corner of the saide Coxe his house & about seven foote at the Lower Corner of the saide house being to the Damage of the saide Anderson aboue one hundred pounds with other due Damages according Dat. Novembr 18th 1672. . . . The Jury . . . founde for the Defendt costs of Court.
Smith conta Veering
John Smith plaintiffe conta John Veering Defendt according to Attachmt Dat: 12th of Decembr 1672. The plaint. withdrew his Accion.
Scott conta Curtis
Benjamin Scott, plaint: conta Solomon Curtis according to Attachmt Dat: 22: 11: 72. . . . The plaint. withdrew his Accion.
Sandys conta Lock
John Sandys as Surety for Ezekill Carveath plaint. upon a replevin conta George Lock Defendant after the replevin Attachmt & Evidences in the case produced were read committed to the Jury and are on file with the Records of this Court. The Jury brought in theire Verdict, they finde for the Defendant George Lock that there is due to him from Ezekill Carveath Twenty pounds nine Shillings & six pence mony & costs of Court  The plaintiffe appealed from the judgment of this Court to the next Court of Assistants & the saide John Sandys as principall in twenty pounds & Edward Lilly & James Meares as Sureties in ten pounds apeice acknowledged themselves in Court respectively bound to . . . prosecute his appeale . . .
[As actions of replevin are rare in the Colony, the documents of this case have been given in full, as found in S. F. 1165.]
S. F. 1165.1
To the Marshall of the County of Suffolk or his Deputy
You are hereby required in his Majesties Name to replevy a parcell of Fish of Ezekill Carveaths now attached by George Lock & Deliver the same to Ezekill Carveath provided hee give bond to the Vallue of eighty pounds, with Sufficient Surety or Sureties to prosecute his replevin to Effect at the next County Court to bee held at Boston & soe from Court to Court till the cause bee ended & to pay such costs & Dammages as the saide George Lock shall by law recover against him & soe make a true return hereof under yor hand. Dated the second day of November 1672
By the Court Jonath. Negus
Endorsed. I haue replevied a parcell of dry Fish, that was attached by George Lock of Ezekill Carveaths this second of November & haue taken bond of him to the vallue of eighty pounds.
per mee Richard Wayte Marshall
Wee Ezekill Carveath & John Sandys doe binde or Selues heires & Executors unto Richard Wayte Marshall jointly & Severally in the Summe of eighty pounds in mony, vpon condicion the saide Carveath prosecute his replevin to effect at the next County Court to bee held at Boston & soe from Court to Court till the case bee ended: & that hee shall pay such Costs & Dammages as the saide Lock shall by law recover against him, & that wee will abide the order of the Court & not Depart without Licence as witness or hands this Second of November 1672
. . . true Coppie . . . Isaac Addington Cler
[Endorsed:] Replevin No. 1:
Boston Septembr ye 20th 1671
Mr Ezechiell Carveath is Dr
Contra is Cr
li s d
li s d
To yor bill for
By .6. quentalls & 1 quarter & 8l of Fish at 8s perquent
To yor bill for
By .2. hhds for Ditto Screw ing & packing
To 6l of Shot to John Moshear
By .2. barrells of porke
To mony lent you at the Isle of Shoales
By mony received
To mony paide Cotten the Butcher
By .½. a quentall of Fish more
August: 24th 1672
To yor bill
August: 3d 1672 By mony received
8th by mony received
Rest to ballance
Recieved of mr Ezechiell Carveath in part of paiment of this abovementioned bills & account, which amounts to Forty eight pounds & nine Shillings the Summe of twenty Seven pounds nineteen Shillings & six pence August ye 25th 1672 per Geoe Lock
John Sandys aged about 27 yeares & Thomas Overman aged about 39 yeares, testify, that upon discourse with mr Geo Locke about the aboue written Accoumpt & receipt to which his hand is Subscribed; in the latter end of November or the begining of December last past, hee the said lock did see & owne the abouewritten accoumpt & receipt, that hee did then shew the saide Tho: Overman & Jno Sandys a Coppie of the Same.
Sworne to the truth of this theire Evidence the 16. of January 1672 before mee Thomas Clarke Commissionr
This is a true Coppie as attests Isaac Addington Cler.
Boston the 20th of September 1671
I doe oblige my Selfe, my heires, executors administrators to pay unto George Lock or his Executors administratefrs the full & just Summe of Forty pounds currant Silver in New England within, at or before the last day of October next Ensuing as witness my hand the day & yeare aboue mentioned.
Ezechiell Carveath 1671
Signed & Delivered in the presence of us John Keene, John Saunders
Boston the 7th of 9ber 1671
More then the abouesaide I will pay unto the saide George Lock within thirty dayes after this date three pounds of currant Silver in this Towne of Boston
Ezechiell Carveath 1671
John Keene hath made oath before mee, that hee see Ezekill Carveath Signe & Deliver the abovementioned Instrument as his act & deed & that John Saunders was then present & Subscribed as a witness to the Same. Sworne unto December 3. 1672
before Edw. Tyng Assist.
John Keene affirmed this in Court upon former Oath Janry 29:1672
Attests Isaac Addington Cler
S. F. 1165.9
Boston in New England
This bill bindeth mee Ezekill Carveath my heires Executofrs administrators to pay or cause to bee paide unto George Lock his Executors or administraters more then my former obligacions the Summe of five pounds in Silver, within thirty dayes after the Date hereof in this Towne of Boston for confirmation of which I haue Subscribed my Name this 24th of August 1672
Ezehill Carveath 1672
. . . true Coppie . . . Isaac Addington Cler
S. F. 1165.6
9ber: ye 8th 1672 Received of Mr John Sandys Satisfaction for one Caske of Rumm for the accot of Mr Ezekill Carveath & conteining about twenty eight gallons. 2li 15s
per mee Geo Lock
Witness Thomas Blighe
Thomas TB Baker
S. F. 1165.7
Thomas Hill aged Fifty yeares or thereabouts testifieth & saith, that about the latter end of the Summer, I asked mr Carveath for some mony, due to mee, hee answered mee that hee could not pay mee, before had sold his Fish, & a while after understanding that mr Lock had attached his Fish I then spake to mr Carveath & told him I understood that mr Lock had attached his Fish, his reply was that hee had soe done, but that hee the saide Carveath did not owe him a penny although the Fish was attached for twenty pounds & farther saith not.
Sworne in Court Janry 29: 1672. Attests Isaac Addington Cler
S. F. 1165.8
The Deposicion of Charles Hopkins saith, that about the beginning of November Last, hee heard Ezekill Carveath owne, that George Lock had three obligacions of his & that hee did owe him about twenty two pounds as hee thought or thereabouts: this Deponant being about thirty Eight yeares old
Sworne unto Janry 18th 1672 before Edward Tyng Assist.
Affirmed upon his Oath in Court Janry 29: 1672 Attests Isaac Addington Cler.
S. F. 1165.11
Bethiah Harlock aged 32 yeares or thereabout testifieth that sometime Last Summer, speaking with mr Lock at mr Carveath’s house, asked the saide Lock whether mr Carveath had not paide him that mony which hee borrowed, saide Lock answered that saide Carveath had paide him twenty odde pounds, then I asked if hee had Lent saide Carveath 40li hee answered noe, but that hee now came for, was the produce of the mony hee Lent him: and farther saith that shee hath heard the saide Lock often say to mr Carveath, that the mony hee came for, was for his Loseing his time here in Staying to the latter part of this. mr Carveath testifieth to the truth of it that hee did soe say.
Sworne in Court by Bethiah Harlock. Janry 29: 1672. Attests Jsaac Addington Cler. . . . True Coppie . . .
S. F. 1165.10
The Deposicion of Robert Brinsden aged thirty three yeares or thereabouts testifieth & saith, that about the Eleventh day 9 ber Last, being in Company with mr Ezekill Carveath, heard him say that hee was forced to give mr George Lock a bill of Forty pounds for thirty pounds hee owed him, & sometime afterwards hee was forced to give him another bill of five pound & another bill of three pounds, all of them amounting to Forty eight pounds, but eighteen pounds of it was for jnterest of the thirty, & that hee was forced to give him those bills, or else mr Lock saide that hee would arrest him & Stop him of his Voiadge unto the Eastward & farther saith not.
Sworne in Court Janry 29:1672. Attests Isaac Addington Cler. . . .true Coppie. . .
George Locke his bill of Costs
li s d
To attachment & Serving
To:4: witnesses attendance two dayes
To my owne attendance 3 dayes
To filing of papers
allowed J. A. C
. . . true Coppie . . . Isaac Addington Cler
Jno Sandis as Surety for Ezek Curvat his Reasons of Appeal from the judgmt of the County Court held In Boston the 28th Janury 1672
First. For yt the now Plaintif was Sued In an Action of Debt for 48l 9s In mony dew by Bills and Acct which tendeth to vncertaynety & was then Objected against by the now Plaintif, & as humbly conseived not according to Law wharefore hee now appea[leth]
2d By Such vncertaine proofes any man by the Lent of two shillings (of bad Principles) may by chargeing the Same to Acct & makeing bills Swere another man out of his Estate If Such proof may be good In Law where no artickle in the Acct nor the bills be otherwise proued then by Single evidence, nither did the defendant produs ani book from whens this acct wor drowde
3d Although Charls Hopkins sweares mr Curvatt owned thre bills and in all oweing by him about 22l yet harloks Oath doth contradict the truth as pretended [to] that Debt, for she Sayth that the mony mr Lock then came for was not Debt but Loss of time
4th Mr Locks Receight vnder the Acct bareing Date a day after ye Last artickle Is for twenty Seven pound nineteen shillings and Sixpence though exprest in part (other paymts going before) makes the ballance of Acct as it is before Insted, Twenty pounds nine shiling Six pence Is owned per mr Lock to be paid before as per his Acct and att Several paymts & this Receight of 27. 19. 6d is payd at once: 17 dayes after the Last of the other paymts as per date which balancth ye Acct
The truth of this appers in compareing Evidences with the dates that Lock ownes the Later end of Novembr that Acct & the Receight as per Evidences of Tho Overman & Ino Sandis. So that If ther did appere a Debt per mr Curvatts owneing it in ye beginning of Novembr Now ther doth apper to be no Debt by mr Lockes owneing it in the Later end of Novembr or begining of Decembr as per the formr Oathes. Yet was the Present Plaintiff cast wherefore he Appeales to this honrd
These Reasons were received from Jno Sandys Febry: 27th 1672 about eight a clock in ye morning as Attests Isaac Addington Cler
It does not appear that the appeal was allowed.]
Tyng conta Long
Jonathan Tyng plaint: cona John Long Defendt according to Attachmt Dat: January 23d 167⅔. The plaint. withdrew his Accion
Vsher conta Hambleton
John Vsher, attourny of Isaac Waldren, plaint. conta William Hambleton Defendt in an accion of the case for refuseing to pay five pounds & ten pence in mony due for ballance of an account with the saide Waldren being for physick &c: delivered to Allexandr Forbes then Servant to the saide William Hambleton & that contrary to his promiss & all other due Damages according to Attachmt Dat: January: 20th 1672. . . . The Jury . . . founde for the plaintiffe five pounds & ten pence Damage & cost of Court, being 26s 4d
Execucion issued Febr 3d 1673 for 6li 7s 2d
Waldren conta Smith
William Waldren, administrator of or to the Estate of Oliver Duncomb deceased plaint: conta Christopher Smith Defendt according to Attachmt Dat: Novembr 29th 1672. The plaint. in failor of process was nonsuited & thirty nine Shillings & two pence costs granted the Defendt
Execucion issued Febry 7th 1672 for 36s 2d mo
[See above, pp. 135–9, 158, 163–4, 186, 193, 202–4.]
Paddy conta Weeden
Thomas Paddy plaint. conta Joseph Weeden Defendt in an accion of the case for not paying of five pounds one Shilling in Mony due by bill as may appeare & all due damages according to Attachmt Dat. January 20th 1672. . . . The Jury . . . founde for the plaint. five pounds & one Shilling in mony & costs of Court being twenty six Shillings & four pence.
Execucion issued Feby 8th 1672 for 6li 7s 4d mo
Minott conta Pope
Sammuell Minott plaint. conta John Pope Defendant in an accion of the case for witholding a Debt of Ninety four pounds due to the saide Minott by bill or bond under the saide popes hand & Seale, which Debt of ninety four pounds is due for that the saide Pope hath not  performed the Conditions therein mentioned & all other due Damages according to Attachmt Dat: January 6th 1672. . . . The Jury . . . founde for the plaint. ninety four pounds according to bond & costs of Court vpon the request of the Defend and the Magistrates chancered this bond to Fifteen pound twelue shillings & 3d with costs of Court. whis was thirty three Shillings eight pence.
Execucion issued Febry 14th 1672 for £: 17li 5s 11d
Bundy conta Tomlin
John Bundy plaint: conta John Tomlin Defendt in an accion of the case for witholding & not delivering possession unto him the saide John Bundy of that house & land wherein the saide John Tomlin now dwelleth in & keeps possession of which of right belongeth unto the saide John Bundy lying & being in Boston abouesaide, which saide house & land was formerly the possession of Philip Alley & was given unto the saide John Bundy by the saide Phillip Alley in his life time in consideration of good affection & kindred the saide John Bundy being the Sister’s son of Susanna the then wife of the saide Phillip Alley & soe acknowledged by them both & which saide house & land the saide John Bundy was to possess & enjoy from & jmmediately after the decease of the saide Philip & Susanna Alley the Vncle & Aunt of the saide Bundy with other due damages according to Attachmt Dated. Novembr 19th 1672. . . . The Jury . . . founde for the Defendant costs of Court.
Pratt conta Lorings
Timothy Pratt Attourny to Josiah Cooper administrator to the Estate of Anthony Cooper & Francis his wife Deceased plaint: conta Thomas Loring & John Loring administraters to the Estate of Thomas Loring deceased Defendants in an accion of the case for witholding a Debt or Estate of three hundred pounds or thereabouts in mony goods & provitions that hee the saide Thomas Loring deceased received into his hands of the Estate of the saide Anthony Cooper in or about the yeare 1635 & 1636 & all due damages & Emprouement & jnterest for the same according to Attachmt Dated 10th 11mo 1672. . . . The Jury . . . founde for the Defendants costs of Court.
Calley conta Warren
Joseph Calley plaint. conta Humphry Warren Defendt according to Attachmt Dat: Janry 14th 1672. The plaint. withdrew his accion.
 Stoddard &a conta Rock
Mr Anthony Stoddard guardian to Thomas Robinson William Bartholmew guardian to James Robinson & Deacon William Parckes guardian to Joseph Robinson plaints conta Joseph Rock Executor to the last will & Testament of Thomas Robinson deceased Defendt in an accion of the case for not paying unto them the Summe of Seventy five pounds or thereabouts as by an Account given in to them the saide guardians by the saide Rock & made up by them divers months since may appeare due by ballance of the Account for three parts thereof belonging to the said Thomas James & Joseph Robinson with all due damages according to Attachmt Dat: January 11th 1672. . . . The Jury . . . founde for the plaintiffe Seventy five pounds fifteen Shillings Damage & costs of Court, being 38s
Execucion issued Febry 24th 1672 for 77li 13s 0d
[See above, pp. 109, 155, 200, and below, 217, 241.]
Curtis conta Scott
Solomon Curtis plaint. conta Benjamin Scott Defendt according to Attachmt Dat: January 21th 1672. The plaint. withdrew his Accion.
Gourding conta Lendall
Abraham Gourding plaint: conta Timothy Lendall Defendant according to Attachmt Dat. January: 22d 167⅔. The plaint. withdrew his accion.
Cox conta Randall
John Cox plaint. conta Richard Randall Defendant in an accion of the case for refuseing to obey the saide Coxes command to goeon board the said Catch & for assaulting him the saide Cox by throwing him down thereby breaking his Legg and disinabling him of his Voiadge whereby the plaintiffe is greatly damnified & other due damages according to Attachmt Dat: 9th 11mo 1672. . . . The Jury . . . founde for the plaint. Sixteen pounds seven Shillings mony & costs of Court.
Newcomb conta Jones
Andrew Newcomb plaint. conta Robert Jones Defendt in an accion of the case for not paying the saide Newcomb for severall things hee delivered to Jno Eldredge, the saide Jones promising to pay the saide Newcomb for what hee should betrust the saide Eldridge with, which things hee delivered the saide Eldridge amounts to five pounds or thereabouts to bee paide in mony or boards at mony price & due damages according to Attachmt Dat: 25. Decembr 1672 . . . . The Jury . . . founde for the plaint. five pounds & nine pence damage in Mony or boards at mony price & costs of Court. being twenty five Shillings & two pence.
Execucion issued March 5th 167 for £6:5:11.
Leverett conta Synderland
Leverett conta Williams
Hudson Leverett, plaint conta John Williams Defendt in an accion of the case for not paying of three pounds thirteen Shillings & six pence in mony due by bill & all due Dammages according to Attachmt Dat: January 3d 1672. . . . The Jury . . . founde for the plaint. three pounds thirteen Shillings & six pence in mony & costs of Court being thirty four Shillings.
Execucion issued Febry 14th 1672 for £5.7.6.mo.
Sweete conta Parmiter & Pike
John Sweete, plaint. conta Benjamin Parmiter & George Pike Defendts in an accion of Debt of seven pounds due by bill & due Dammages according to Attachmt Dat: January 10th 1672. . . . The Jury . . . founde for the plaint: Seven pounds Damage according to bill & costs of Court being twenty one shillings.
Execucion issued Feby 19th 1672 for £8:01:00.
Clarke conta Alden
Capta Thomas Clarke, plaint. conta John Alden Defendant in an accion of the case for not delivering six thousand of Marchantable pine boards unto Major Generall Leverett, which the saide Alden brought from Yorke in the year 1664, & had order to deliver them to the Major Generall & did not, which is to the Damage of the saide Clarke about twenty pounds & other due Damages according to Attachment Dat: 6: 10mo 1672. . . . The Jury . . . founde for the Defendft costs of Court.
[The circumstances are related in the following depositions.
S. F. 1471.12
The deposition of John Alden aged 44 yeares or thereabouts testifieth & Saith
That in the yeare Sixty four this deponent brought a parcell of [board]s for Capt Thomas Clarke from Yorke, being 6000 which were to bee delivered at Capt Thomas Clarkes wharfe, but this deponents boate being grounded at the sd Clarkes wharfe was desired by the sd Clarke to deliver the sd boards to Major Generall Leverett, and desired this deponent to aske the Major Leverett where they should bee delivered, the Major told this deponent they should bee delivered in the Creeke above mr Hulls warehouse, this deponent desired the Major to provide a man to take account of them hee said his man should bee ready to doe it, the same day this deponent brought his Boate into the Creeke and when hee was ready to deliver the boards, this deponent sent up his man to Major Leveretts for his man to come and take account of them; but this deponents man brought word that the man was busy and could not tend it, this deponent loath to loose another tide, which might a lost him a voyage, delivered the boards where the Major Leverett did appoint, and tooke account of them; being 6000 which this deponent entred in his booke at the same time as it may appeare by his booke and further saith not.
Sworn unto Decembr 9th 1672 before Edward Tny Assist . . .
S. F. 1471.7
The deposition of Richard Dence aged 60 yeares or thereabouts testifieth and Saith
That about two or three months agoe Capt Thomas Clarke sent mee to mr Alden to speake with him concerning Six thousand of boards which hee received for him in the yeare. 64. and to come to some agreement about them if not hee would put it into Court; mr Alden made mee this answer that I should tell Capt Clarke that hee had delivered them to the Major Generall, I asking of him whither hee had taken a receipt for them. hee saide no, for it was my weakeness to forget it; but however sed hee I have set it down in my Booke & I will Sweare to my Booke & further this deponent Saith not. . . .
This case was reviewed in the July session, 1676. See below, pp. 706–7.]
Lawton conta Bonner
Henry Lawton, plaint. Conta John Bonner Defendt according to Attachmt Dat January. 23th 1672. The plaint. in failor of process was non Suited the Attachmt not being Served in time according to law—& costs granted the Defendt being: 25s. 6d.
Execucion issued March: 10:1673 for 25s 6d 
[Bonner made a fresh start at the July session. See below, pp. 291–2.]
[Middlecott v. Bodkin]
Richard Middlecutt plaint. conta Dominick Bodkin Defendt according to Attachmt Dat: Decembr 21th 1672. The Accion was tried but the Defendt not being in ye Country judgment is not to bee Entred till next Court. Vide p: 125.
Middlecott conta Bodkin
Richard Middlecutt plaint. conta Dominick Bodkin Defendt according to Attachmt Dat 21d Decembr 1672. The Accion was tried but the Defendt not being in the Country judgment is not to bee Entred till next Court. Vide p: 125.
Patten agst Dyer
Thomas Patten Attourny of John Patten of Severls in the parish of Crewkhern &a plaint: conta Gyles Dyer Defendt The Court dismissed this accion till they might bee resolved of a question by the Generall Court.
[See below, p. 373.]
Patten agst Woody
Thomas Patten. Attourny of John Patten &a plaintiffe conta Isaac Woody Defendt The Court dismissed this accon till they might be resolved of a question by the Generall Court.
[See below, p. 376.]
Wiswall &a Conta Checkly
Elder John Wiswall, Edward Hutchinson, & Richard Collicot or any one of them plaints. conta Anthony Checkly Defendant according to Attachmt Dat: January 21th 1672. after a hearing of the case Capta Hutchinson appearing as plaint. withdrew his accion & Costs were granted the Defendant. thirty seven Shillings & eight pence.
Execucion issued March 14th 167 for 37s 8d mo
Emmons &a conta Dedicot
Obadiah Emmons & William. Smith plaints. conta Henry Dedicot Defendt according to Attachment Dat. January 13th 167⅔. The plaints. withdrew theire accion
Stocker conta Tailor
Samuell Stocker, plaint. conta William Tailor Defendt in an accion of the case for deteining a Servant Negro boy named Caesar who belongs to the saide Stocker which saide Negro boy was demanded by the saide Stocker of the abouenamed Tailor the sixt day of this jnstant but was refused to bee delivered & all due damages accord ing to Attachmt Dat. Novembr 7th 1672. Thomas Norman appearing as Stocker’s attourny Engaged in Court to respond the damage if cast before jssue was joined. . . . The Jury . . . founde for the Defendant costs of Court being Eleven Shillings & six pence.
Execucion jssued Febry 24 1672 for 11s 6d
Patten conta Freake
Thomas Patten, Attourny of John Patten of Severls in the parishe of Crewkern in the Realme of England plaint. conta John Freake Defendt according to Attachmt Dat: January 16th 1672. The Court dismissed this Accion till they might bee resolved of a question by the Generall Court .
[Consult Index for continuation.]
Parmiter conta Scarlett
John Parmiter, plaint. conta John Scarlett Defendt according to Attachmt Dat. 22 11mo 1672. The plaint was non Suited upon failer of the Officer’s return upon the Attachmt & costs granted the Defendt 7s 6d
Execucion issued 5d May: 1673.
Timberlake conta Nash
William Timberlake, plaint. conta Joshua Nash Defendt according to Attachmt Dat Decembr 10th 1672. The plaint. was non Suited upon nonappearance & costs granted the Defendt twenty Eight Shillings & six pence.
Execucion issued Febry 17th 1672.
Hudson Leverett conta Paine
Hudson Leverett, plaint. conta John Paine Defendt in an accion of the case for not paying of twenty pounds in mony which was Lent & delivered to the abouesaid John Paine in & upon the 25th of Novembr which was in the yeare of or lord 1663, as by a receipt under his hand may appeare & all due dammages according to Attachmt Dat: Janry 20th 1672. . . . The Jury . . . founde for the plaint. twenty nine pounds Dammage in mony & costs of Court being thirty Shillings & ten pence.
Execucion issued Febry 8th 1672 for £30:10:10.
Hudson Leverett, plaint. conta John Paine Defendt in an accion of the case for not paying of one hundred forty & eight pounds of currant mony in New England due by bond as may appeare & all due Damages according to Attachmt Dat: January 3d 1672. . . . The Jury . . . founde for the plaint. one hundred forty eight pound according to bond & costs of Court. The Magestrates chancered this bond to one hundred & Sixteen pounds & costs of Court being thirty Shillings & ten pence
Execucion issued March 5th 167⅔
Synderland conta Leverett
John Synderland plaint. conta Hudson Leverett Defendft according to Attachmt Dat. Janry 21th 1672. The plaint: withdrew his accion.
Stoddard &a conta Rock
Mr Anthony Stoddard guardian to Thomas Robinson William Bartholmew guardian to James Robinson and Deacon William Parches guardian to Joseph Robinson plaints. conta Joseph Rock administrator to the Estate of mr John Coggan & mrs Martha Coggan Executrix to Mr John Coggan Defendt in an accion of the case for not giving an account unto them or any one of them of the Estate which came into his hands as administratr aforesaide which did belong unto Caleb Coggan Son & heire unto John Coggan both deceased & now three parts thereof by the will of the saide John Coggan the father & the death of the saide Caleb the Son. due to the aforesaide Thomas James & Joseph Robinson  although an account hath long since & often been demanded by the saide guardians, of the saide Rock & due damages according to Attachment Dat: 23th of August. 1672. . . . the Jury . . . founde for the plaints, that the Defendt deliver unto the plaints. within two dayes a true & faithfull account upon Oath of the Estate according to Attachmt & costs of Court or in default to pay unto the plaints One thousand pounds with costs of Court. being twenty nine shillings & ten pence.
Execucion issued 7br 12th 1674.
This Accion was continued by consent of partys till this Court.
[See above, pp. 109, 155, 200, 211, and below, p. 241.]
Rock to Brading
Joseph Rock personally appeared in Court Janry: 28th 1672 & acknowledged a judgment against himselfe & Estate to James Brading for one hundred pounds in mony for Security of a defective Mortgage. As Attests Isaac Addington Cler.
Execucion issued Janry 30th 1672.
Rock to Thacher
Joseph Rock personally appeared in Court Janry: 28th 1672 & acknowledged a judgmt against himselfe & Estate to Thomas Thacher senior for two hundred pounds in mony according to two bonds which are on file As Attests Isaac Addington Cler.
Execucion issued Janry: 30th 1672.
Rock to Winslow
Joseph Rock personally appeared in Court Janry. 28th 1672 & acknowledged a judgmt against himselfe & Estate to John Winslow for one hundred & fifty pounds in mony according to two bonds which are on file As Attests Isaac Addington Cler.
Execucion issued Janry. 30th 1672.
Rock to Shrimpton
Joseph Rock personally appeared in Court Janry. 28th 1672 & acknowledged a judgmt against himselfe & Estate to Sammuell Shrimpton for one hundred & six pounds in mony according to bond which is on file. As Attests Isaac Addington Cler.
Execucion issued Janry: 30th 1672.
Rock to Richards
Joseph Rock personally appeared in Court Janry: 28th 1672. & acknowledged a judgment against himselfe & Estate to John Richards for fifty one pound thirteen Shillings & four pence in mony according to bond which is on file. As Attests Isaac Addington Cler.
Execucion issued Janry: 30th 1672.
Rock to Clarke
Joseph Rock personally appeared in Court Janry: 28th 1672 & acknowledged a judgmt against himselfe & Estate to Martha Clarke widow for Eighty pounds in mony according to bond which is on file. As Attests Isaac Addington Cler.
Execucion issued Janry. 30th 1672 .
Ruggles his licence
The Towne of Roxberry being destitute of an Ordinary upon the motion of theire Select men to this Court. The Court allows Sammuell Ruggles to keepe a house of publique Entertainment & to Sell wine beare & Sider by retaile till Aprill Court next hee giving in Security according to law. the saide Sammuell Ruggles in twenty pounds & Capta Isaac Johnson in ten pounds acknowledged themselves respectively bound to the Treasuror of the County of Suffolke on condicion that the saide Ruggles shall observe the laws title Inkeepers with theire addicions.
Court order about Bumpas reversed
Vpon Veiwing & consideracon of the Articles of confederacion between the united Colonies. This Court reverseth the former order concerning Hannah Bumpas for imposing her on the Towne of Hingham.
[See above, p. 193. This case is of constitutional interest, because the court treats the Articles of the New England Confederation as the law of the Colony. The article referred to is the provision in Article 8, that no member of the Confederation receive “those that remove from one plantation to another without due certificate.” Cf. the order for Hannah’s return to Plymouth, below, p. 225.]
Order about Shearn’s Childe
The Court orders that the Select men of Boston take care to make provicion for the youngest Childe of the late John Shearne Marrinr Deceased.
Daniell Howard of Hingham & Deborah his now wife convict by theire owne confession in Court of Fornicacion before Marriage; The Court Sentanceth the sd Daniell to bee whip’t with fifteen Stripes or to pay three pound in mony fine to the County & fees of Court & Sentance the saide Deborah to bee whip’t with ten Stripes or to pay forty Shillings in Mony fine to the County & Fees of Court Standing Committed till the Sentance bee performed.
Order for a divicion for Joane Fisher
In answer to the peticion of Joane Fisher The Court orders Serjeant Thomas Thirston & Sammuell Fisher to set out the thirds of the lands lately the lands of Anthony Fisher lying in Wollomonupug to the saide Joane Fisher his Relict according to law.
Torry sworne a Freeman
William Torrey of Weymouth took the oath of Freedom of this Colony Janry 28th 1672.
Administracion to the Estate of Abiezer Holebrooke deceased is granted to leift John Holebrooke his Father in behalfe of the widow & Children if any hee bringing in an Inventory of sd Estate upon Oath & giving in Security to administer according to law.
Pratt sworne a Freeman
Joseph Pratt of Weymoth tooke the Oath of Freedom of this Colony. Janry. 28th 1672.
Sweete, Drincker & Gays Admr to Martin
Administracion to the Estate of Elisabeth Martin Executrix to Richd Martin Deceased is granted to John Sweete, Edward Drincker & Sammuell Gay on behalfe of the Children of saide Martin, they  bringing in an Inventory of saide Estate upon Oath & giving Security to Administer according to law.
Order for an Audit of Mr Mather’s Accot of Administracion
Mr Timothy Mather, presenting an accot of his administracion to the Estate of Major Humphry Atherton & mr Jonathan Atherton proposing for a Committee to Audit the Account the Court granted it & the saide Atherton made choise of Capta Roger Clap & Deacon William Parcke & mr Mather chose Capta Hopestill Foster to Audit the Accot & to give theire sence for a Divicion of the Estate which the Court approved of & to make theire return with all possible Speed.
This Court grants liberty to the late Governors Executers till the next Court to bring in an Inventory of that Estate.
[See below, pp. 228–31, 237–8, 240–41, 248.]
Obadiah Morse & Ephraim Wight both of Meadfeilde tooke the Oath of Freedom of this Colony.
Meadfeilde sealer sworne
John Partridge of Meadfeilde, being chosen Sizer & Sealer of Weights & measures for theire Towne was Sworne.
Benjamin Scott of Brantery. convict of Endeavoring to draw away the affeccions of Prudence Gatleife without her parents’ leave; The Court Sentanceth the sd Scot to pay five pounds in mony fine to the County & Fees of Court. In answer to the sd Scot’s peticion the Court respited his fine till they take further order.
Anne Holliday presented for Selling Strong beere by retaile contrary to law, which she owned in Court The Court Sentanceth the saide Holliday to pay five pounds in mony fine to the County & fees of Court & to stand committed till shee give in bond for her good behavior ten pounds her Selfe & five pounds apeice two Sureties. In answer to her peticion the Court respited her fine till they take further order.
James Robinson presented for rayling in the Streets useing the name of God vainely &a which hee owned in Court, The Court Sentanceth the saide Robinson to bee admonished & to pay fees of Court & to give his owne bond of ten pounds for his good behaviour: accordingly the saide Robinson acknowledged himselfe bound in the Summe of ten pounds to the Treasurer of the County of Suffolke on condicion that hee shalbee of good behaviour especially that hee will not rayle or use the name of god vainly, untill the next Court of this County & that then hee shall appear. 
Martha Stanton being bound over to this Court for her committing Fornicacion & having an illegitemate Childe, which she confessed in Court. The Court Sentanceth her to bee whipt with twenty Stripes & to pay Fees of Court. Standing committed till the Sentance bee performed.
Thomas Trott being accused by Martha Stanton to bee the father of her illegitemate Childe; which the saide Thomas Strongly denied & tendred his oath thereof, soe that hee not being legally convict soe to bee, & hee presenting an Attest of severall of his neighbourhood of his good conversation The Court Sentanceth the saide Trot to bee admonished & to pay Fees of Court.
Tho: Ricks’s guardian
Thomas Ricks appeared in Court & made choise of Thomas Fitch for his Guardian which hee accepted & the Court allowed of.
Abigail Wood’s guardian
Abigail Wood Daughter of Nicholas Wood of Bogglestowe neare meadfeild, made choise of Stephen Williams for her Guardian which hee accepted & the Court allowed of
Bethiah Wood’s guardian
Thomas Bass is appointed by the Court to bee Guardian to Bethiah Wood Daughter as aforesaide till shee come of age to choose for her selfe which hee accepted.
Eleazer Wood’s guardian
John Thirston is appointed by the Court to bee Guardian to Eleazer Wood Son as aforesaide till hee come of age to choose for himselfe which hee accepted of.
Tho: Grant’s bond for the good behaviour
Thomas Grant of Dorchester presented for Entertaining Edward Paison’s Servant on lord’s dayes & other dayes & for pernicious lying. The Court Sentanceth hime to give in bond for his good behaviour of five pounds himselfe & fifty shillings apeice two Sureties accordingly the saide Thomas Grant as principall in five pounds & Thomas Davenport senior & Thomas Dewer as Sureties in fifty Shillings apeice acknowledged themselves respectively bound . . .
Capta Scarlett & Mr Clarke & Kellond fined
Capta Sammuell Scarlett mr Christopher Clarke & Tho: Kellond not attending to serve on the Jury of Trialls this Court according to Summons The Court fined them twenty shillings apeice in mony to the County. upon the application made to the Court by mr Kellond & mr Clarke the Court remitted theire fines.
Divicion of Nicholas Georges Estate
The Court orders for the Settlement of the Estate of the late Nicholas George deceased, that Abigail George his relict shall haue the house & land during her life & after her decease to bee devided between the  Children of the saide George the eldest Son to have a double porcion, but in case she marry againe & the children arrive at age before the mother dye, then the mother to enjoy onely the thirds & the rest to bee devided among the Children which the Relations of the Children & the widow were well Satisfied with.
John Veering’s bond for Appearance
John Veering as principall in 100li & Daniell Turill junr & Phillip Squire as Sureties in 50li apeice acknowledged themselves in Court respectively bound to the Treasuror of the County of Suffolke on condicion that the saide John Veering shall appeare at this Court & abide the Sentance of the Court & shall not depart without licence.
Commissionrs Authorized to Receive the Claimes to Bernard’s Estate
Capta William Davis & Capta Edward Hutchinson are appointed Commissionrs to receive the claimes of the Creditrs to the Estate of the late mr Sammuell Bernard deceased they being to give in theire claimes between this & the next Court of this County the Commissionrs to appoint time & place.
Solomon Curtis convict of Swearing The Court Sentanceth him to pay ten Shillings in mony fine to the County and Fees of Court.
James Browne convict of vilifying & reproaching mr Anthony Stoddard in bad language The Court Sentanceth him to give an acknowledgment under his hand to mr Stoddard’s Satisfaction or to pay five pounds in mony fine to the County; this to bee done within a week following & to pay charges of Witnesses & Fees of Court. Mr Stoddard acknowledged in Court hee had recd Satisfaction.
Lake sworn a Freeman
Capta Thomas Lake took the oath of Freedom of this Colony.
John Harris, convict of swearing severall oaths & making pernicious Lyes & giveing Scurrilous language The Court Sentanceth him to bee whip’t with twenty Stripes or to pay five pounds in mony fine to the County & Fees of Court & charges of Witnesses Standing committed till the Sentance bee performed.
Order to Perry about Veal’s Estate
The Court orders that Seth Perry Constable who was ordered by the Court to take an Inventory & make apprisall of the Estate of the late Katharine Veale deceased, do make Sale of some of the goods for the defraying those necessary Charges have been expended upon her & them & to make return thereof.
[Petition of Isaac Addington]
In answer to the Peticion of Isaac Addington this Court orders that the saide Addington continue to bee Clarke of the county Court of Suffolke till hee receive order to the  contrary from the Court.
[Evidently Freegrace Bendall had returned from his voyage to Madeira and was looking for his job again. See above, p. 154n.]
Henry Mason’s discharge from training
Henry Mason, on certificate from Capta Tho: Clarke is discharged from ordinary Trainings.
Jacob Wainwright & Thomas Leader Servants to William English, convict of Setting up libells at Henry Thompson’s dore & abuseing of him therein & other bad actions & carriages towards him & the neighborhood The Court Sentanceth them to give in bond for theire good behaviour with two Sureties apeice in five pounds apeice & to pay Fees of Court & charges of Witnesses standing committed &a accordingly Mr Nicholas Page & John Vsher as Sureties for Jacob Wainwright & Edward Goodwin & Thomas Bill as Sureties for Thomas Leader acknowledged themselves respectively bound in the Summe of five pounds apeice to the Treasuror of the County of Suffolke on condicion that the saide Jacob Wainwright & Thomas Leader shalbee of good behaviour towards all men especially towards Henry Thompson & his family mr James Everell & his Family till the next Court of this County & that then they shall appeare.
Order about Hannah Bumpas
Whereas Information is given to this Court by Ensigne Thaxter Nathaniell Baker & Thomas Andrews of Hingham, that Hannah Bumpas who is an jnhabitant of Plimouth Colony is imposed upon theire Towne by warrant from some of that Colony which warrant nor Coppie of it is left with them; which is contrary to the Articles of confoederacion. The Court orders the Clarke of this Court to grant a warrant to the Constable of Hingham to return the saide Bumpas to the place of her birthe & parantage & for his soe doing this shalbee his warrant this to bee done as often as the saide Bumpas is returned to Hingham.
[See above, p. 219.]
Divicion of Marshall’s Estate
For the Setlement of the Estate of the late John Marshall of Boston deceased. The Court orders the Widow all the Movables & Debts for ever (she paying the Debts & funerall charges) & one third of the house & land during her life & the whole during the minority of the Eldest son, for the bringing up the Children & when the eldest son comes of age hee is to haue a double portion of the rest according to valluation at that time the remainedr to bee devided among the other Children equally as they come of age & in case of death the Deceased’s poreion to be equally devided amongst the rest.
Order for divicion of Major Atherton’s Estate
The Court orders Capta Roger Clap Capta Hopestill Foster & Deacon William Parcke, who were appointed a Committee to audit the accounts of the Estate of the  late major Humphry Atherton are appointed & hereby Empoured to make a divicion of that Estate according to formr order of this Court at the time when administracion was granted amongst the parties concerned & to make return what they do therein to the next Court of this County.
Marshall Richard Wayte made return to this Court by his Son that hee had received 107li of the Estate of the late Nicholas Stephens Deceased as hee was administrator
The Court appoints Deacon William Parcke mr John Parpoint & mr Thomas Weld to bee Commissionrs for the Towne of Roxbury for the yeare Ensuing.
Parmitrs complaint refer’d
The Court refers the complaint of John Parmiter against Seth Perry, Constable to the Determinacion of the Magistrats of Boston.
The Court appoints Ensigne Daniell Fisher Serjt William Avery & Serjt Richard Ellis Commissionrs for the Towne of Dedham for the yeare Ensuing.
Robert Pegg presented for selling strong beere contrary to law made default in non appearance according to Summons.
Robert Spencer presented for his wives selling strong beere contrary to law made default in non appearance according to Summons.
Mathew Gross presented for selling strong beere contrary to law, the presentment not being fully proved; but theire being great complaints of the disorders of that house The Court Sentanceth the saide Gross to the good behaviour & accordingly the saide Mathew Gross in ten pounds & John Wats in ten pounds as Surety acknowledged themselves in Court jointly & severally bound to the Treasuror of the County of Suffolke on condicion that the saide Mathew Gross shalbee of good behaviour especially that hee shall not sell strong beere till the next Court of this County & that then hee shall appeare.
James Penniman presented for selling Strong drincke contrary to law The Presentment not being proved fell.
Matthew Coy presented for selling strong drincke contrary to law made default in non appearance according to Summons.
William Kentt presented for selling wine & strong beere contrary to law the presentmt not being proved fell.
Robert Winsor presented for selling strong beere contrary to law. The presentmt not being proved fell.
Isaac Cosens presented for Selling strong beere contrary to law. The presentmt not being proved fell .
Capta Edward Hutchinson as agent for his Vncle Hutchinson in England presented for the insufficiency of a part of the wharfe against John Roads’s; Capta Hutchinson made answer it did not belong to him neither was hee Agent as aforesaide. The Court orders the Selectmen of Boston to looke after it.
The Towne of Roxbury presented for deficiency in the Earth worke of one of the aforesaide Bridges. one of theire Selectmen Vizt Griffin Crafts made answer it was mended.
The Towne of Dorchester presented for want of a Schoolmaster according to law; Goodman Sumner one of the Selectmen made answer they had one.
The Towne of Brantery presented for the insufficiency of the Bridge over Manatocot River, Edmund Quinsey one of the Select men made answer it was mended.
Peter Woodward junior of Dedham presented for selling of Sider to Indians contrary to law. The Court respits this presentment till the next Court of this County & order the saide Woodward then to attend.
Mr Richard Wharton presented by the Grandjury for reviling & reproaching of mr James Allen Teacher of the first Church of Christ in Boston, in Saying hee added a line or clause to the Governors will after hee had Signed & Sealed it, which is proved by Witnesses to bee slanderous & reproachfull & contrary to law title Heresy (Sect. 7.)663 mr Wharton being called desired the benefit of a Jury which was granted and after the presentment & Evidences in the case produced were read comitted to the Jury & remaine on file with the Records of this Court The Jury brought in theire Verdict they finde mr Richard Wharton, by declaring & manifesting his apprehensions, to bee guilty of reproaching mr James Allen. The Court Sentanceth the saide mr Wharton to give in bond for the good behaviour; of one hundred pounds himselfe, & fifty pounds apeice two Sureties, till the thirteenth of March next & then to appeare, (& the Court declared that then they expect hee should prosecute his Charge exhibited in Court against the late Govemors Executors) & to pay the Charges of Witnesses & Fees of Court mr Wharton declared in Court that hee submitted to the Sentance & accordingly the saide mr Richard Wharton as principle in one hundred pounds & mr Tho: Brattle & mr Nicholas Page as Sureties in fifety pounds apeice acknowledged themselves respectively bound . . . 
[Governor Bellingham, who had presided over the October session of this Court, died on December 7, 1672, at the age of eighty. The will was probated on December 19, and early in the new year began a contest over it which became New England’s “Jarndyce v. Jarndyce,” lasting 114 years, and terminated by the Supreme Judicial Court of the Commonwealth of Massachusetts in 1787, after the entire estate had been consumed in litigation (our Publications, xii. 113–16). Although Bellingham had been a lawyer and municipal recorder before he emigrated to New England, and although he had been the chief figure in drafting the Laws and Liberties of the Colony in 1648, he yet “turned strangely,” says Hubbard, “although upon very pious considerations, as some have judged, out of the ordinary road” of the law “in the making of his last will and testament.”
Richard Wharton, a prominent “merchant, attorney-at-law, promoter, landed proprietor, and political leader,” was “by nature masterful, energetic, perservereing, and ambitious,” and by his enemies considered “unscrupulous, headstrong, and selfish” (Viola F. Barnes, in our Publications, xxvi. 238). In this case he was the attorney of Samuel Bellingham, the Governor’s only son, a member of the first graduating class of Harvard (1642) who returned shortly after to England, took an M.D. at Leyden, and lived in England the rest of his life. The contest was largely over the Governor’s estate of Winnisimmet, which comprised nearly the whole of the present city of Chelsea. Samuel Bellingham, apparently, was incensed at his father’s leaving him only a life interest in this valuable piece of property, the whole of which was to be placed in the hands of trustees, for various pious and charitable uses. A copy of the Governor’s will, from S. F. 1225.4, follows:
Among many other undeserved Favours of God towards me this is none of the least, that for so long a time I have Lived under the Special Govern mt of Christ in his Church, not without some Soul of Satisfaction thrô
the Gracious presence of Christ who hath walked in the Midst of these Churches wch I Judge have been Constituted according to his mind, That I may Testify the Engagemt of my heart to the Lord being now of perfect Memory & understanding I do Dispose of my Temporal Estate whcrewth the Lord hath blessed me by this my Last Will as followeth.
Vizt I do Give to my Beloved Wife the Rent of that Farm Nicholas Rice liveth in to be paid her duly after my decease, as also my Dwelling house with the yard & Field adjoining during her Natural Life
To my only Son & his Daughter during their Natural Lives I Give the Farm Lievt John Smith is Tenant in, the other two Farms wherein John Belcher and Goodman Townsend are Tenants I do give the Rents of them towards the Relief of Four Daughters of Col William Goodrick so long as they shall have Urgent need, to be paid to their Certain Attorney here & by him sent to the Eldest Sister to dispose it for their use, & to pay my Debts, & other Legacys
Also I do freely & Willingly Dispose and give (after mine & my Wifes decease) the Farm she hath During her Life (and after the Decease of my son & his Daughter) my whole Estate in Winnissimet to be an Annual Encouragemt to some Godly Ministers and preachers and such as may be such who shall be my Trustees judged Faithfull to those principles in Church Discipline, which are owned and practiced in the first Church of Christ in Boston of which I am a Member, A Main one whereof is That all Ecclesiastical Jurisdicion is Committed by Christ to each particular organical Church from which there is no Appeal Visible Saintship being the Matter, & Express Covenanting the Form of the Church. For the Regular Disposing this Estate according to my true intention I do request Constitute and appoint Mr John Oxenbridge Mr James Allen Teaching Officers to the first Church of Christ in Boston Mr John Russell of Hadley, & Mr Anthony Stoddard Shopkeeper in Boston to be Feoffees in Trust and Exers to this my Last Will, and their heirs & Exers forever, and in Case of Death or any other removal whereby either of them are Uncapable of Acting, (being so judged by the rest) power is hereby given to ye rest to Elect one or more in his or their Stead who shall have the same power, & that three of these Consenting shall make any Valid Act, I doe Desire them to observe these Instructions following
1 My Will is that in Convenient time a Ministers house & Meeting house be built at Winnissimet when Sufficient be received out of the Rents
2 That Lotts for Dwellers and Inhabitants be given out & Conveniency of Land to the Ministers House.
3 That four or Six more or less Young students be brought up for the Ministry as the Estate will bear
4 That something be allowed yearly to any Godly Congregational Minister who shall be willing to Settle in that place
6 That the Trustees meet twice a year at least as often else as they can or is need, and that they be allowed what is Meet for each Meeting
7 That they allow Annually as they shall think fitt to a Godly Congregational Minister qualifyed as above for his further Support
8 That every quarter of the year one Sermon be preached to Instruct the people in Boston in Church Discipline according to the Word of God and such Competent allowance be given to each of them as my Trustees shall judge fit or Sufficient. I Declare this to be my Last Will and Testament and hereby Null any other.
Richard Bellingham & a Seal
Nov. 28, 1672
See also below, pp. 232, 237, 240–41, 248.]
John Veering presented for beeing drunck & abuseing his wife in bad language calling her whore &a reproaching mr Allen & Church members in saying mr Allen was a black hypocriticall Rogue, of all which hee was convict in Court. The Court Sentanceth him to bee whip’t with thirty Stripes severely laide on & to stand in the open market place in Boston, exalted upon a Stoole for an houres time on a thursday after Lecture; with a paper fastned to his breast, with this inscription in a lardge character A Prophane & Wicked Slanderer & impious Reviler of a Minister of the Gosple & Church-members; & to pay charges of witnesses & Fees of Court standing committed &a Vpon the peticion of the saide Veering & humble acknowledgment made in open Court The Court reverseth this Sentance & Sentance the saide Veering to pay ten pounds in mony fine to the County & to give in bond for the good behaviour of twenty pounds himselfe & ten pounds apeice two Sureties & to pay the Charge of Witnesses & Fees of Court standing committed &a & accordingly the saide John Veering principle in twenty pounds & Daniell Turill senr & John Conny Sureties in ten pounds apeice acknowledged themselves respectively bound . . .
Samuell Mattock presented for Idleness & neglecting his Family of which hee was convict in Court. The Court Sentanceth him to bee sent to the house of correction for an idle person & to pay Fees of Court.
John Chandler presented for disorder in his house at unseasonable times of night & suffering people to bee singing & fidling at midnight of which hee was convict in Court. The Court Sentanceth him to pay Forty shillings in Mony fine to the County & to pay Charges of Witnesses & Fees of Court & to give bond for his good behaviour of five pounds & fifty shillings apeice two Sureties accordingly the saide John Chandler principle in five pounds & Thomas Ilalley & William Thorne Sureties in fifty shillings apeice acknowledged themselves in Court respectively bound . . . 
Henry Jackman presented for lying in saying hee was a single man & attempting marriage with severall, who hath since confessed hee had a wife in England & for living from under family Goverment & for carrying a firebrand in his hand flaming at Midnight by a hay stack & barne of all which hee was convict in Court partly by his owne confession. The Court Sentanceth him to bee whip’t with twenty Stripes & to pay the charge of witnesses & fees of Court & to return to England to his wife by the next Ship on the penalty of twenty pounds according to law Standing committed &a & sd Jackman when hee should haue received his punishment hee comming druncke into Court. the Court added five Stripes more to his whipping
Mr Richard Wharton in open Court Febry 3d 1672 Charged mr John Oxenbridge mr James Allen & mr Anthony Stoddard for falsifying theire trust to & violating the late Govra will.
Mr Richard Wharton for contempt in open Court was committed to prison.
Rock’s Negro Sentanced
Mr Rock’s Negroe maide Bess presented for committing Fornication which she owned in Court & that she had an illegitemate Childe The Court Sentanceth her to bee whip’t with twenty stripes & to pay Fees of Court.
Jasper Indian Sentanced
Jasper mr Warren’s Indian convict by his own confession in Court of committing Fornication The Court Sentanceth him to bee whip’t with fifteen Stripes or to pay Forty shillings in mony fine to the County & Fees of Court.
Joan Negro’s Sentance
Joan mr Warren’s Negro convict by her own confession in Court of committing Fornication with Jasper Indian & that she had an illegitemate Childe The Court Sentances her to bee whip’t with Fifteen Stripes or to pay Forty Shillings in Mony fine to the County & Fees of Court
Mercy Veerings Sentance
Mercy Veering convict of uncivill carriage with Sammuell Smith, & bad language & carriages towards her husband John Veering. The Court Sentanceth her to bee whip’t with twenty Stripes & to pay Fees of Court standing committed while the Sentance bee performed. vpon her peticion the Court respites the Execucion of her Sentance till after her next delivery of Childe.
Samm: Smith’s Sentance
Samuell Smith, convict of uncivill carriages to & too great familiarity with Mercy the wife of John Veering The Court Sentanceth him to bee whip’t with thirty Stripes. Vpon the humble peticion of the saide Smith the Court reversed this judgment and Sentance him to pay ten pounds in mony fine to the County & Fees of Court & after his discharge to depart the Towne of Boston. 
Ordr to the Treasuror concern. Jacob
In Answer to the peticion of John Jacob of Hingham The Court orders the County Treasuror to pay saide Jacob forty Shillings in Mony, hee engaging in Court if hee could meete with the person to endeavor to recovr it of him & if hee should soe doe to reimburst the Treasurer
Francis Morse convict by his own confession for Stealing hay out of Capta William Davis his barn in the night The Court Sentanceth him to pay to the saide Capta Davis Fifteen Shillings in mony being halfe that threefold restitution that the law requires & to pay Fees of Court & charges of prosecution standing committed till the Sentance bee performed.
Fathergon Dinely convict by his own confession in Court of Stealing hay out of Capta William Davis his barn in the night & carrying it to his own stable The Court Sentanceth him to pay to the saide Capta Davis fifteen shillings in mony being halfe that threefold restitution that the law requires & to pay fees of Court & charges of prosecution & to give in bond for the good behaviour of. 10li himselfe & 5li apeice two Sureties standing committed &a accordingly the saide Fathergon Dinely as principall in ten pounds & Peter Bennett & James Meares as Sureties in five pounds apeice acknowledged themselues respectively bound to the Treasurer of the County of Suffolke on condicion that the saide Dinely shalbee of good behavior till the next Court of this County & shall then appeare.
[For an explanation of Dinely’s action, see above, pp. 167–73. For the outcome, see below, p. 246.]
John Gravenr of Roxberry & Esther his wife presented by the Grandjury for committing Fornication before marriage, which they confessed in Court. The Court Sentanceth the saide John Gravenr to bee whip’t with fifteen Stripes or to pay three pounds in mony fine to the County & Fees of Court. The Court Sentanceth the saide Esther Gravenr to bee whip’t with ten stripes or to pay forty Shillings in mony fine to the Court & fees of Court standing committed &a
James Jarrett, convict of pernicious lying & stealing severall goods from leift Richard Cooke The Court Sentanceth him to bee whip’t with twenty Stripes & to pay leift: Richard Cooke five pounds dammage in mony & charges of witnesses & fees of Court standing committed till the Sentance bee performed.
Dr Robert Couch bound over to this Court for making Verses tending to the reproach of the late Govr Richard Bellingham Esqr & of the Ministers: The Court Sentanceth him to give in bond for the good behavior  ten pounds himselfe & five pounds apeice two Sureties: Vpon his request the Court accepted of his own bond and the sd Robert Couch acknowledged himselfe bound in the Summe of ten pounds. . . .
William Thorn convict by his own confession in Court of giving strong liquors to Henry Jackman a prisonr who was Sentanced to bee whip’t, when hee was comming from the prison to receive his punishment soe that the saide Jackman came drunck into Court. The Court Sentanceth the saide Thorn to pay ten shillings in mony fine to the County & Fees of Court standing committed till the Sentance bee performed.
The Court Adjourned till the 13th of March next.
March 13th 1672.
The Court met according to Adjournment.
Keyn alias Oake’s Sentance
Phillip Keyn alias Oake being committed for breaking open the house of Roger Rose & picking the lock of a box & taking out mony thence; which hee confessed in Court & judged it to bee thirty five shillings, The Court Sentances him to bee branded in the Forehead with the letter B according to law & to pay to Roger Rose five pounds five shillings in mony being that three fold restitution that the law requires & to pay Fees of Court standing committed till the Sentance bee performed.
John Tuder, convict by his own confession in Court of committing Fornication with Elizabeth Holland The Court Sentanceth him to bee whip’t with thirty stripes & to pay Fees of Court standing committed till the Sentance bee performed & after his discharge forthwith to depart the Town of Boston.
Elizabeth Holland, convict by her own confession in Court of committing Fornicacion with John Tuder, by whome she had an illegitemate childe: The Court Sentanceth her to bee whip’t with twenty Stripes or to pay ten pounds in mony fine to the County & Fees of Court standing committed &a
Mary the wife of Samuell Bedwell convict by her own confession in Court of abuseing the wife of Godfry Armitage in her own house, by reproachfull language & blows. The Court Sentanceth her to bee whip’t with ten Stripes or to pay Forty shillings in mony fine to the County & Fees of Court: standing committed &a 
Ben: Bridgham’s guardian
Benjamin Bridgham made choise of his brother Joseph Bridgham for his guardian which hee accepted & the Court allowed of.
Sam: & James Bridgham’s guardian
The Court appoints Jonathan Bridgham as guardian to his two younger brothers Sammuell & James Bridgham till they come of yeares to choose for themselves which hee accepted of.
Dedham Commissionrs Sworne
Ensigne Daniell Fisher & Serjeant Richard Ellis were sworn Commissionrs for the Town of Dedham for the yeare Ensuing.
Ensigne Daniell Fisher is approved of by the Court for Clarke of the writts for the Town of Dedham.
John Aldus of Dedham, is allowed of till Aprill Court next to keepe a house of publique Entertainment in Dedham & to sell wine & beere by retaile & the saide John Aldus as principle in twenty pounds & leift Richard Cooke & Joshua Fisher as Sureties in ten pounds apeice acknowledged themselves respectively bound . . .
Julian Knight, being presented by the Grand jury for keeping disorderly company in her house at unseasonable times of the night, the presentmt not being proved fell.
John Lewis senior presented by the Grandjury for selling strong drinck contrary to law. The presentmt not being proved fell.
Order About Blacklock
Vpon the request of Thomas Norman attourny to Thomas Smith & his affirmation that Sarah Blacklock now a prisnr is Servant to William Kent by agreement The Court orders that the saide Kent may haue his saide Servant out of prison & may transport her to any plantation within his Majesties Dominions.
[Sarah Blacklock’s case may be followed on pp. 128, 149, 164–5, 185, 189.]
Court Order for Wm Read’s releasement
The Court orders that William Read junior appearing before the Clarke of the Court & owning his petition given in to this Court & giving in Sufficient Security to indemnify the Court from any claimes that may bee made by any person from whom hee stole & was Sentanced to make restitution to, & giving in Security for the good behavior forty pound’s bond his Father & himselfe & twenty pounds apeice two Sureties till the next Court of this County & then to appeare if in the Country; hee is discharged from his imprisonment 
Court’s Injunction on Mr Wharton
Mr Richard Wharton, being called to prosecute his charge exhibited this Court against mr John Oxenbridge mr James Allen & mr Anthony Stoddard (for falsyfying theire trust to & violating the late Governors will) according to the Court’s declaring (theire now Expectation thereof) at theire former Session when they Sentanced him to the good behavior Mr Wharton refused to prosecute without the Court would authorize him in behalfe of the Country & gave this as one reason thereof hee was loathe to put in his Evidences because hee must bee at the charge of taking them out again: vpon which the Court enjoined him as followeth: Mr Richard Wharton the Court having formerly tried you with onely expressing themselves as expecting yor prosecution of yor charge exhibited this Court against mr John Oxenbridge mr James Allen & mr Anthony Stoddard & you still persisting in yor declinning of it; The Court doe therefore require yor prosecution of the saide Charge at Aprill Court next & declare that yor bonds for the good behavior stand good till that time. Mr Wharton appealed to the next Court of Assistants & gave bond to prosecute accordingly: Richard Wharton you as principle in five hundred pounds & James Whetcomb & Arthur Mason as Sureties in two hundred & fifty pounds apeice acknowledge yorselves respectively bound . . .
All which the persons abouenamed did oblige themselves to in Court March 13th 167⅔. Attests Isaac Addington Cler. 
[See pp. 228–31, 232 above, and consult Index.]
March 26th 1673.
The Commissionrs for the Severall Towns in Suffolke being then assembled at Boston, for the opening & perusall of the Votes for Election of County Treasuror declared that Edward Tyng Esqr was chosen Treasuror of the County of Suffolke for the yeare Ensuing As Attests Isaac Addington Cler.
Boston March. 29th 1673.
Weeden to Savage
Joseph Weeden, personally appearing before John Leverett Esqr Dept Govr Edward Tyng Esqr Assist. & the Clarke of the County Court of Suffolke acknowledged a judgriit against himselfe & Estate for thirty six Shillings in mony to Ephraim Savage. as Attests Isaac Addington Cler.
Execucion issued March 31th 1673.
Cooke to Faireweathr
Robert Cooke of Boston Hornbreaker personally appeared before John Leverett Esqr Dept Govr and Edward Tyng Esqr Assist: Aprill. 24th 1673 & acknowledged a judgment against himselfe & Estate to John Faireweather of saide Boston Marrinr for twenty two pounds two Shillings New England mony it being according to bill. this was thus done as Attests Isaac Addington Cler.
Cotten to Norden
John Cotten of Concord personally appeared before John Leverett Esqr Dept Govr & Edward Tyng Esqr Assist & acknowledged a judgment against himselfe & Estate to Sammuell Norden of Boston for thirteen pounds twelue Shillings & eight pence in good Merchantable Shoes & goods at price currant this done Aprill 28th 1673. as Attests Isaac Addington Cler.
Execucion Issued ye 6. Agust 1673