[Shippen v. Green’s Estate]

Edward Shippen plaint. ags^t John Hull & Theophilus Frary as administrato^rs to the Estate of Joseph Green deceased Defend^ts for non paiment of Ninety seven pounds fourteen shillings due by booke from the saide Green & all other due damages according to Attachment. Dat. January 26^th 1673. . . . The Jury . . . founde for the plaintiffe Ninety seven pounds fourteen shillings in mony & costs of Court: This Estate being returned by the Committee (who were appointed to receive the claimes of the Credito^rs & to proporcion the Estate to them if it proved insolvant) to bee founde at present to fall far short of the debts due from the s^d Estate & having according to the Order of Court proporcioned the Estate to eight shillings & two pence in the pound. The Court Orders that Execucion issue out upon this judgment according to that proporcion & costs of Court & for noe more untill the Court take further order. the costs of Court amounting to

Smith ags^t Pretious

Thomas Smith Command^r of the Ship SeaFlower plaint. ags^t Charles Precious defend^t in an action of the case for not making paiment of the summe of five pounds Lawfull mony of England which was due for saide Pretious his passadge from Boston to London in the yeare 1671: w^ch saide Smith in saide Ship & all due interest & other due damages according to Attachm^t Dat: Aprill: 18^th 1674. . . . The Jury . . . founde for the plaintife six pounds in mony & costs of Court being seventeen shillings & six pence.

Execucion issued 29: Aprill 1674 for: £: 6:17:6. [216]

Merriweather ags^t Downe

Thomas Merriweather Attourny to Phillip French plaint. ags^t Thomas Downe Master of the Catch Dove Defend^t in an action of the case for damage upon goods shipped in his saide Catch on the acco^t of saide French & not deliuering them in good Order & well conditioned according to bill of Loading with other due damages according to Attachm^t Dat. Aprill 23^d 1674. The defendant Objecting ags^t the process for that the plaint. was not of age according to Law to Sue. Peter Sergeant Obliged himselfe in Court unto Tho: Downe the Defend^t in the summe of Eighty pounds mony to saue the s^d Down harmless from any damage from any other person for the s^d Merriweather’s prosecution of this Suite & to respond the s^d Downe his just damage if hee shall carry the accion against s^d Merryweather: after which . . . The Jury . . . founde for the defendant costs of Court.

Hawkins ags^t Sheafe

Thomas Hawkins plaint. ags^t Sampson Sheafe Defend^t in an action of the case for the witholding certain brewing vessells after they were demanded (that is to say) one Mashing vessell one under back three coolers & one tunning vessell w^ch vessells was in the house then in the possession of the s^d Sheafe by which detaining & keeping from the s^d Hawkins his vessells & their standing dry a considerable time by which the saide vessells was much damnified to the great damage of the plaintife with other due damages according to Attachm^t Dat: Aprill: 13^th 1674. . . . The Jury . . . founde for the plaintife four pounds ten shillings in mony & costs of Court being Seventeen shillings six pence.

Execucion issued May 2^d 1674

Richards ags^t Starkweather &^a

David Richards of Roxberry plaint. ags^t Robert Starkweather & Edward Bragg administrato^r to the Estate of John Wright Late of Nuberry Defendants in an accion of the case for witholding & not paying a debt of ten pounds of mony of England due by the assignment of a bill of William Whitred of Jpswich bearing date the 17th day of the 8 month 1655 as also by a bond und^r the hand of the s^d Starkweather & Wright dated: 14:10: 1655 with all due damages & forbearance according to Attachm^t Dated 30. 1. 74. . . . The Jury . . . founde for the plaintife twelue pounds ten shillings in mony & costs of Court.

Rouse ags^t Cooke

Mary Rouse plaint. ags^t Francis Cooke Defend^t in an action of the case for witholding of a debt of five pounds & fifteen shillings New-England mony being for five pounds mony lent him & the remainder p^d by his order to seuerall persons. [217] according to Attachm^t Dat: March 6^th 1673. The accion being called the plaint. appeared the Defendant was called seuerall times; also Thomas Thacher junio^r his Surety was called to bring him in according to his bond; but neither of them appearing The Court declared theire bond forfited & Order the action to proceed to tryall & if the case bee founde for the plaint. judgment to bee entred both against principall & Surety & Execucion to issue out accordingly & to bee in force against the Surty as well as the principall for one month after judgment given according to Law. . . . The Jury . . . founde for the plaintife five pounds fifteen shillings in mony & costs of Court being eighteen shillings & six pence.

Execucion issued May: 16^th 1674 for £6.13.6. m^o

Rose ag^t Ambrose

Roger Rose plaint. ags^t Sammuell Ambrose Defendant in an action of the case for taking away the saide Rose his parts of the Shallop called the Prosperous her burthen twenty tunns or thereabouts with the sailes anchors & cables & other rigging well fitted with a cannoo, & other goods to the plaintifes great damage & other due damages according to Attachm^t Dat: Aprill: 16^th 1674. . . .

The Jury . . . founde for the Defendant costs of Court being fifteen shillings & eight pence. Execucion issued May 7^th 1674.

Gibbs ag^t Bennet

Robert Gibbs who married Elizabeth Sheafe one of the Executrixes of the Last will & Testament of m^r Henry Webb Late of Boston deceased plaint. ags^t Sammuell Bennet of Rumny Marsh Defend^t in an accion of the case for the forfiture of a bond of Fifty pounds sterling for the non paiment of a debt of twenty five pounds sterling as further appeares by the saide bond & due damages according to Attachm^t Dat. February 20^th 1673. The accion being called the plaint. appeared; The Defend^t was called seuerall times; also Elisha Bennet his Surety was called to bring him in according to his bond; but neither of them appearing The Court declared theire bond forfited & Order the accion to proceed to tryall & if the case bee founde for the plaint. judgment to bee entred against principall & Surety & Execucion to issue out accordingly & to bee in force against the Surety as well as the principall for one month after judgment given according to Law: . . . The Jury . . . founde for the plaintife the forfiture of the bond sued for being Fifty pounds & costs of Court being twenty eight shillings.

Execucion issued May: 7^th 1674. [218]

Conny ag^t Nowell

John Conny Attourny to Robert Penny plaint. against George Nowell Defend^t according to Attachm^t Dat Aprill. 23^th 1674. The plaintife in failer of the proofe of his power was nonsuited.

Halsall ag^t Shaw

George Halsall plaint. ags^t Fearenot Shaw Defend^t in an accion of the case for the forfiture of a bond of Arbitration of thirty pounds sterling; which bond beareth date the two & twentieth day of October. 1672. with all due damages according to Attachm^t Dat: Aprill: 21^th 1674. The accion being called the plaint. appeared; The Defend^t was called severall times; also John Walker his Surety was called to bring him in according to his bond; but neither of them appearing The Court declared theire bond forfited & Order the accion to proceed to tryall & if the case bee found for the plaint. judgment to bee Entred against principall & Surety & Execucion to issue out accordingly & to bee in force against the Surety as well as the principall for one month after judgment given according to Law: . . . The Jury . . . founde for the plaintife the forfiture of a bond of thirty pounds sued for & costs of Court being twenty nine shillings & two pence. Execucion issued May: 2^d 1674.

Jay ag^t Adkins

Anne Jay of Hingham widdow plaint. agas^t Thomas Adkins of Boston Carpenter Defend^t in an action of the case to the value of thirty pounds in mony which is due unto the s^d Anne Jay from the saide Tho: Adkins as may appeare by an obligation under his hand & seal bearing date the twenty eight day of October 1673. with all due damages according to Attachm^t Dat. Aprill. 14^th: 1674. The action being called the plaint. appeared, The Defend^t was called severall times; also Cap^t: Sam^ll: Scarlet his Surety was called to bring him in according to his bond; but neither of them appearing The Court declared theire bond forfited & Order the accion to proceed to tryall & if the case bee founde for the plaint. judgment to bee entred against principall & Surety and Execucion to issue out accordingly & to bee in force against the Surety as well as the principall for one month after judgment given according to Law: . . . The Jury . . . founde for the plaintife the forfiture of a bond of thirty pounds in mony & costs of Court. Cap^t: Samm: Scarlett as Surety Afterwards appearing did in behalfe of the principall appeal from this judgment to the next Court of Assistants. [219] and the saide Sammuell Scarlett as principall in sixty pounds & John Viall sen^r & William Hawkins as Sureties in thirty pounds apeice acknowledged themselves respectiuely bound to the Treasuro^r of the County of Suffolke & party concerned on condicion that the saide Tho: Adkins should prosecute his appeal from the judgment of this Court at the next Court of Assistants to effect:

Manning ag^t Muzzey

Anne Manning sole Executrix to the Last will and Testament of m^r Richard Parker deceased plaint. against Benjamin Muzzey sen^r Defend^t in an action of the case for witholding a debt of thirty pounds or thereabouts due by booke & due damages according to Attachm^t Dat: January 29^th 1673. The action being called the plaintife appeared; The Defendant was called seuerall times; also John Wiswall jun^r his Surety being called to bring him in according to his bond; but neither of them appearing The Court declared theire bond forfited & Order the action to proceed to tryall & if the case bee found for the plaint. judgm^t to be entred against principall & Surety & Execucion to issue out accordingly & to bee in force against the Surety as well as the principall for one month after judgm^t given according to Law: . . . The Jury . . . founde for the plaintife eighteen pounds ten shillings eight pence & costs of Court.

Cowell ag^t Rigby

Edward Cowell plaint. ags^t Sammuell Rigby Defendant in an action of the case for witholding a debt of fourteen pounds due by bond with all due damages according to Attachm^t Dat. Aprill 21^th 1674. . . . The Jury . . . founde for the plaint. the forfiture of the bond fourteen pounds ten shillings sterling & costs of Court being twenty three shillings & two pence.

Execucion issued May 2^d 1674.

Phillips ag^t Whartoⁿ

Zechariah Phillips plaint. ags^t Richard Wharton Defend^t in an accion of the case for that the saide Wharton haue for aboue this twelve months deprived saide Phillips of the use of his well having utterly poisoned or spoiled the water with the dregs & filth of his saide Wharton’s stills & fatts & saide Wharton still continues his soe doing not withstanding saide Phillips long complaint of it to him and desires saide Wharton to make good his water & well again which hee refused & hath not done it to the damage of the plaintife about fifty pounds in mony by reason hee cannot sell nor let his house nor land nor haue the use of any other well in his ground but the saide stills will spoil it as aboue & all other due damages according to Attachment Dat. Aprill. 23^th. 1674. [220] . . . The Jury . . . founde for the plaintife three pounds damage in mony & costs of Court.

Downe ag^t Merriweather

Thomas Downe plaint. ags^t Thomas Merriweather Defend^t according to Attachm^t Dat. Aprill: 23^th 1674. The plaintife in failure of his process was nonsuited The Defend^t being under age to be sued.

Gibbs ag^t Fairfeild

Benjamin Gibbs plaint. ags^t Daniell Fairfeild Defend^t in an action of debt of six pounds eight shillings or thereabouts in mony due for goods sold & delivered him as appeares by booke & due damages according to Attachm^t Dat: February. 9^th 1673. . . . The Jury . . . founde for the plaintife six pounds eight shillings & costs of Court. being eighteen shillings & two pence.

Execucion issued: 15^th July: 1674. for. 6^li 8^s & 18^s m^o Costs.

Hill ag^t Emmons

Thomas Hill Tanner plaint. ags^t Obadiah Emmons Def^t in an accion of debt of Eighteen pounds due by bill & due damages according to Attachm^t Dat: Aprill: 23. 1674. . . . The Jury . . . founde for the plaintife nine pounds nine shillings in Shoes & costs of Court.

Crown ag^t Sprague

Colonell William Crown ags^t Jonathⁿ Sprague Defend^t according to Attachm^t Dat. 10^th 12^mo 1673. The plaint. was nonsuited in failer of his process.

Allen ag^t Jewet &^a

Bozoon Allen of Boston Tanner Attourny to Edward Rawson the onely surviving Overseer to the Last will & Testament of the late Bozoon Allen of Boston deceased plaint. ags^t Jeremiah Jewet as hee is sonn & heire; as also Phillip Nelson as Executo^rs to the last will & Testament of the late Joseph Jewet of Rowly deceased Defend^ts in an action of the case for breach of Articles or agreement made bearing date the. 30^th day of Aprill 1653. & bond of Fifteen hundred pounds thereupon referrence thereto being had amply doth & may appeare for not paying the saide Bozoon Allen his just portion & right due to him by virtue of his late Father’s will; as also by virtue of the late Anne Allen his late mother’s will according to the abouementioned Articles & bond with all just interest & all other due damages susteined according to Attachm^t Dat. Aprill: 22^th 1674. . . . The Jury . . . founde for the plaintife the Forfiture of a bond of Fifteen hundred pounds sterling & costs of Court. The Court on request of the Defend^ts May: 21: 74 upon theire Adjournm^t after hearing both parties chancered this bond to two hundred & seventy pounds & costs of Court with res[pec]t to Bozoons portion & declare the bond stands good to secure m^r Rawson the surviving Overseer from the demands of the other of m^r Allens children. Execucion issued June 4^th 1674. [221]

Vsher &^a ags^t Greenough

Hezekiah Vsher sen^r Cap^t William Davis, John Hull Peter Lidgett Sammuell Shrimpton & Peter Sergeant Attourny to Phillip French Owners of seven eight parts of Ship Blessing plaint^s ags^t William Greenough sen^r of Boston Marriner Defend^t in an action of the case for not giving to s^d Owners a just & true account of the earnings of s^d Ship from London to New-England in the yeare 1673 & all due damages according to Attachm^t Dat. Aprill: 23^th 1674. The plaint^s withdrew theire action upon the Defend^ts promiss to repay them theire Entry mony.

Vsher &^a ags^t Greenough

Hezekiah Vsher sen^r Cap^t William Davis John Hull Peter Lidgett Sammuell Shrimpton & Peter Sergeant Attourny to Phillip French. Owners of seven eight parts of Ship Blessing whereof William Greenough sen^r was ma^r plaint^s ags^t William Greenough sen^r Defend^t in an accion of the case for non paiment of theire just dividends of Eleven hundred & sixty pounds or thereabouts in London, which summe was received there by saide Greenough for freight of goods &c in the saide Ship from New-England to London in the yeare. 1672. as by his acco^t given in appeares & all due damages according to Attachm^t Dat. Aprill. 23^th 1674. The plaint^s withdrew theire action upon the Defend^ts promiss to repay them theire entry mony.

Deane &^a ag^t Giffard

Thomas Deane & John Wensly Attournies to Thomas Breedon plaint^s ags^t John Giffard of Lynn Defend^t in an accion of the case for the Forfiture of a bond of two hundred pounds in mony bearing date the sixth of Aprill 1670: by not paying of One hundred pounds in mony according to the condicion thereunto annexed with interest for the same & all other due damages according to Attachm^t Dat: March 31^th 1674. . . . The Jury . . . founde for the plaint^s the Forfiture of a bond of two hundred pounds mony & costs of Court. The Magistrates at the request of the Defend^t chancered this bond to One hundred seventeen pounds five shillings mony & costs of Court being twenty eight shillings two pence.

Execucion issued May 8^th 1674.

Smith ag^t Goold

John Smith of Boston plaint. against Ensigne John Goold of Topsfeild Defend^t in an action of the case for not Satisfying of a bond of twenty pounds under the hand & Seal of the saide Goold & due damages according to Attachm^t Dat. March 5^th 167¾. The accion being called The plaint. appeared The Defendant was called severall times; also Roger Rose his Surety being called to bring him in according to his bond; but neither of them appearing The Court declared theire bond forfited [222] and Order the action to proceed to tryall; & if the case bee founde for the plaint. judgment to bee entred against principall & Surety & Execucion to issue out accordingly & to bee in force against the Surety as well as the principall for one month after judgment given according to Law: . . . The Jury . . . founde for the plaintife the Forfiture of a bond of twenty pounds mony & costs of Court.

L^t John Smith y^e pl^t personally appeared in the office June 20^th 1674: and acknowledged he had received full satisfaction for this Judgement.

Is^a Addington, Cler

Peirce to Gibbs

Nehemiah Peirce personally appeared in Court Aprill: 28^th 1674. & acknowledged a judgment against himselfe & Estate to Benjamin Gibbs for eight pounds thirteen shillings & six pence in mony.

Execucion issued July: 22: 1674.

Freemen Sworn

Daniell Lovet & Joseph Stevens of Mendon tooke the Oath of Freedom of this Colony.

Freeman Sworn

James Bates of Hingham tooke the Oath of Freedom

Grandjury discharg^d

The Grandjury brought in theire bill of presentments Aprill: 28^th & were discharged.

Freeman Sworn

Abraham Staple of Mendon tooke the Oath of Freedom.

Stevens Fined 5^li

Thomas Stevens bound over to this Court to answer for his committing Fornication with his now wife (Margaret formerly Margaret Forly) before marriage shee being now with Childe by Fornication all which hee Owned in Court. The Court Sentenced him to bee whip’t with Fifteen stripes & his wife to bee whip’t with ten stripes within one month after her next delivery of Childe or to pay five pounds in mony fine to the County & fees of Court standing committed till the Sentence bee performed & to give caution to the Selectmen of Boston to save the Town from charge or to remove with his wife to Newberry whereto shee doth belong.

Spragues Sent^a

Jonathan Sprague of Mendon bound over to this Court to answer for his contemning the Ordinance of baptisme vilifying & reproaching m^r Emerson the Minister reproaching & scandalizing the Magistrates for his Lascivious carriages & attempting the chastity of Matitha Aldridge & Huldah Thayre The Court upon hearing & due consideracion of the case Sentenced the saide Sprague to bee severely whip’t with thirty stripes & to pay ten pounds in mony as a fine to the County & charges of prosecution & fees of Court standing committed untill the sentence bee performed. The saide Sprague being called to hear his Sentence declared made noe answer his Sureties were called to bring him in; but neither of them appearing The Court declared theire bond forfited. [223]

Order for Coll: Crown’s departure

This Court taking into theire consideracion that Colonell William Crown hath Lived here a considerable time from his wife judge meete to Order that the saide Colonell do take passadge for England & return thither to his wife by the next oppertunity of Shipping after these Ships that are now ready to sail under the pœnalty of twenty pounds according to Law.

Freemen Sworn

Jsaac Lobdell Sampson Shoare Thomas Loring John Loring & Benjamin Loring all of Hull tooke the Oath of Freedom of this Colony.

James Vales of Medfeilde tooke the Oath of Freedom.

M^r John Joyliffe & Penn Townsend both of Boston tooke the oath of Freedom.

Freemen Sworn

Thomas Andrews of Hingham tooke the Oath of Freedom William Davis & Thomas Bacon both of Roxberry tooke the Oath of Freedom.

Hingham Selectmens Presentm^t

The Selectmen of Hingham being presented by the Grandjury for not rateing all theire Lands according to Law The presentm^t being called; Cap^t Joshua Hubbard Ensign John Thaxter & some others of the Select men appeared to answer the presentm^t John Tower sen^r of Hingham appearing as an Evidence to this presentm^t who also did occasion it to bee made The Court upon hearing what hee could say in the case judge that hee had noe occasion to make such a presentm^t & to put the Select men to the trouble of comming up & dismist the presentm^t & ajudge & Order the saide Tower to pay the s^d Selectmen theire charges of attending the Court.

Flood & Belchiors discharge

Henry Floode & John Belchior upon due proclamacion made were discharged from theire bonds of good behavio^r

Evelyn discharg^d from Traynings

Silvester Evelyn of Boston upon certificate from Majo^r Thomas Clarke was discharged from Ordinary Treynings hee paying six shillings in mony yearely to the use of the Company & keeping Armes according to Law.

Hanna Tower Fin^d: 50^s

Hanna Tower of Hingham convict in Court by her own confession of committing Fornication with Joseph Cowell by whome shee hath had a bastard Childe The Court Sentenced her to bee whip’t with fifteen stripes or to pay Fifty shillings in mony as a fine to the County & fees of Court standing committed untill the Sentence bee performed.

Committee for a division of m^r Nath: Glovers Estate

Two of the Children of the Late m^r Nathaniell Glover deceased; who are now of age & m^r Anthony Checkly as guardian to the third Childe being under age appearing in Court & moving the Court to Order a [224] Setlement of the Estate Late the saide Glovers: The Eldest sonn (with allowance of the Court made choise of Ensigne Richard Hall, the other Childe with the guardian made choise of Joseph Homes the Court appointed Cap^t Hopestill Foster as a third man being all three of Dorchester to bee a Committee, who are hereby Empoured to divide the saide Glovers late Estate into two equall parts & to make a division of one of the saide parts into two equall parts again & to make theire return to the next Court of this County of what they doe herein; This Committee are thus Empoured as aboues^d in case the saide Children with the guardian doe not agree upon a divition of the saide Estate amongst themselves to theire mutuall Satisfaction by the last day of May next following

Endorst upon the aboue Order as follows

Divicion of Nath: Glovers Estate

Dorchester 1^st of May 1674. The parties concerned in the order of this Hono^rd Court on the other side repaired to Dorchester & prevayling with the Committee appointed therein to accompany them to the dwelling house & Land of the Late m^r Nathaniell Glover whereon a veiw of the Land and after severall proffers & considerations made between the eldest sonn of the saide Nathaniell Glover & the other Children concerned with the full consent & approbacion of the saide Committee It was amicably & fully agreed consented to & concluded that Nathaniell Glover the eldest sonn should haue & enjoy to him & his heires the dwelling house & Land adjoining thereto the full breadth to the sea & dead Low water marke all the land fenced in running from thence up to the highway or roade Leading to Dorchester mill being fourteen acres more or less with the second divition or wood Lot lying for thirty six acres bee it more or Less into the woods And that the thirty six acres of Land right against the saide Nathaniells division on the other side of the highway bee the same more or less with the first divition of wood Lot Lying in Dorchest^r common next unto the saide pasturing bordering on that highway leading from Ensigne Halls fence to the mill and also the third divition of the wood Lott being a thirty six acres with all the wood & trees thereupon lying about two miles from the thirty six acres of pasture Land fenced in, in all Lying for One hundred & Eighty acres more or less to bee & belong to W^m Rawson in right of Ann his wife & to John Glover the youngest sonn of the late Nathaniell Glover & theire heires to bee in theire own time equally devided between them & that the severall parcells of Salt Marsh over against or between the Late m^r Newberry’s Farme & Squantum Neck to bee equally devided between them, the saide Nathaniell Glover to haue the one halfe of the Meadows here or there & the other halfe to bee & belong to the saide W^m Rawson & John Glover & theire heires & soe the rest of the goods rents [225] and what else belonged to the saide Nathaniell Glover left under the managment of m^r Habakkuk Glover to bee & belong to bee devided between them in like proportions as aboue. as witness y^r hands the day & yeare abouewritten in pu^rsence & with the approbacion of the saide Committee.

The Court approves of this Division and Order it to bee Recorded

May 2^d: 1674.

as Attests. Is^a Addington Clerk.

Timberlake Fin^d 10^li

Henry Timberlake bound over to this Court to answer for his abusive & riotous carriages towards severall persons pretending himselfe to bee empoured to press men for the service of the Country in theire Late fitting out against the Dutch. The Court: on due hearing of the case Sentenc^d him to bee whip’t with thirty stripes or to pay twenty pounds in mony as a fine to the County & fees of Court standing committed untill the Sentence bee performed: The Court afterwards upon his petition remitted halfe his Fine in case the other halfe bee paide by Thursday next or else then to bee whip’t.

Blackman Fin^d 5^li

William Blackman committed to prison to answer for his riotous & abusive carriages towards severall persons pretending himselfe to bee empoured to press men for the Service of the Country in theire Late fitting out against the Dutch. The Court on due hearing of the case Sentenced him to bee whip’t with fifteen stripes or to pay ten pounds in mony as a fine to the County & fees of Court standing committed untill the Sentence bee performed The Court afterwards upon his petition remitted halfe his Fine provided the other halfe bee paide by thursday next or else then to be whipped.

Cowell Ordered to pay 3^s m^o per weeke to Hanna Tower

Joseph Cowell bound over to this Court to answer what should bee alleaged against him by Hanna Tower of Hingham for committing Fornication with her by whome shee hath had a bastard Childe of which shee made Oath in Court & hee did not deny it The Court declares the saide Cowell to bee the reputed Father of the Childe according to Law & Order him to pay three shillings per weeke in mony to the saide Hanna Tower towards the maintenance of the s^d Childe untill the Court take further order & to give in bond with Sureties of Fifty pounds for his good behavio^r till the next Court of this County & then to appeare standing committed untill hee give in such bond. accordingly the s^d Joseph Cowell as principall in 25^li & Nehemiah Peirce & John Cowell as Sureties in £:12:10^s apeice acknowledged themselves respectively bound to the Treasuro^r of this County upon condicion aforesaide. [226]

[Langden and Barker discharged]

John Langden & Edward Barker upon due proclamacion made were discharged from theire bonds of good behavio^r

Setlement of Tolby’s Estate

For the division & Setlement of the Estate of the late Stephen Tolby deceased The Court sets out & assignes to the widdow and Relict of s^d Tolby all the movables as her thirds & shee to have the use of the house & Land towards the bringing up of the saide Tolby’s Children till they come of age to choose guardians Shee keeping the house in good repaire.

Pray presented

Joanna Pray of Brantery being presented by the Grandjury for severall misdemeano^rs The presentm^t falling for want of proofe The Court dismissed her.

Smith presented.

The wife of Christopher Smith being presented upon suspition of selling wine strong beere & Liquo^rs The presentm^t falling for want of proofe The Court dismissed her.

Hoare Fin^d 3^li

William Hoare, being presented for affronting the Clarkes of the Markett, hee Own^d in Court that hee did resist them in taking away some of his bread; & that hee wrote that advertisem^t in theire Booke (left by them in his house) wherein they tooke an account of what bread they founde too light & whose it was with the exact weight thereof they testifying that in some places thereof wherein they had entred the saide Hoares bread some ounces too light hee had altered it & made it soe many ounces over weight The Court on due consideracion of the same Sentenc^d the s^d Hoare to pay five pounds in mony as a fine to the County & fees of Court standing committed untill hee performe this Sentence. Afterwards upon his humble petition & acknowledgm^t the Court remitted Forty shillings of his saide fine.

Lorin Sentenc^d

John Lorin bound over to this Court to answer for his committing of Fornication with Margery Sparkes by whome shee is now with Childe The saide Lorin Own^d in Court that hee had fellowship with the saide Sparkes severall times & that the last time was about the middle of last July; but would not Own the Childe shee now goeth withall thinking shee had overgone the usuall time & refused to marry w^th her The Court upon due consideracion hereof Sentenc^d the saide Lorin to bee severely whipped with thirty stripes & to pay fees of Court; as also to give in bond of 60^li with Sureties for his appearance at the next Court of this County and abiding the order of the Court; or to bee continued in prison till the Court of this County next after the s^d Sparkes her delivery of the Childe shee now goeth withall standing committed untill hee performe this Sentence.

Judkin admonish^d

Sammuell Judkin being presented for his being founde by the Constable in the house of Christopher Smith at an unseasonable time of a Saturday night & suspected to haue been a drinking there; hee Own^d in Court that hee was soe founde there by the Constable but denyed his drincking there. [227] The Court Sentenced him to bee Admonished & to pay fees of Court.

Gold admonished

Sammuell Gold being presented for his being founde by the Constable at an unseasonable time of the night at the house of Christopher Smith being a Saturday night & suspected to haue been drincking there The saide Gold Own^d in Court his being soe founde by the Constable but denyed his drincking The Court on consideracion thereof Sentenced him to bee admonished & to pay fees of Court.

Steward Admonish’t

Hanna Steward being committed to prison upon suspition of Stealing severall goods from her Master Jonathan Bridgham; which upon hearing could not bee fully proved ag^t her The Court Admonished her & Order her to pay fees of Court & prison & soe dismissed her.

Stevens discharg^d

Sarah Stevens committed to prizon upon her saying that she had Lyen with Christopher Lawson; which was fully evidenced against her; but shee denying in Court that shee had soe done The Court judging by her carriages & testimonies concerning her that shee was a distempered crazy woman discharged her.

Walsebees discharge

The wife of David Walsebee of Brantery being presented for her Idleness & sottish carriage. upon hearing of the case The Court judge there is noe ground for the presentment & soe discharge her.

Matthews Fined 40^s

Jsaac Matthews being sent for by the Court to answer for his running away & absenting himselfe from the Service of the United Colonies. hee Own^d in Court that hee was shipped with Cap^t Mosely & obtained Leaue from him to come on shoare but pretended hee had a swelling in his face soe returned noe more on board. The Court Sentenc^d him to pay Forty shillings in mony as a Fine to the County & fees of Court standing committed untill the Sentence bee performed.

Combes Ordered to attend the Court

Peter Combees being sent for by the Court to answer for his running away & absenting himselfe from the Service of the United Colonies The saide Combes referred himselfe to the testimony of Cap^t Mosely who not being then in Court: The Court Ordered the saide Combes to attend this Court upon theire Adjournm^t on the 21^th of May next which hee Engaged to doe under the pœnalty of 05^li.

Order ab^t Sergants charges

William Sergeant Constable of Cape Ann making his complaint to this Court that hee could not obtain his charges which was allowed him by a former Court & Ordered to bee paide by m^r Charles Gosfrit for his paines & expence in apprehending Thomas Daniell who had stoln seuerall goods from the saide Gosfrit & others & for his conveying the s^d Daniell to Boston & securing of him & the goods [228] founde with him The Court allowes the saide Serjeant ten shillings towards the defraying of his expences in Looking after the saide charges & Order that soe much of the s^d Gosfrit’s goods which were founde with the saide Daniell now in the hands of Thomas Peck Late Constable bee disposed of to the s^d Sergeant or some others as may Satisfy the saide Sergeant’s charges with this additionall ten shillings.

m^r Oxenbridge &^a complaint & Order upon it.

M^r John Oxenbridge m^r James Allen & m^r Anthony Stoddard Execute^rs to the Last will & Testament of Richard Bellingham Esq^r Late Gov^r deceased, making theire complaint to this Court that m^r Richard Wharton had unjustly molested & disquieted William Eustas tenant to the s^d Execute^rs in his possession of one of the Farmes Late the s^d Governo^rs lying at Winnisimmet formerly occupied by Nicholas Rise as tenant to the s^d Govern^r & turned the s^d Eustas his goods out of dores without colour of Law or Lawfull Authority the saide Eustas affirming upon Oath in Court that m^r Wharton had dispossessed him & turned out his goods which the s^d Wharton also Own^d The Court Orders that warrant issue out forthwith to the Marshall of Suffolke to deliver to the s^d Eustas quiet & peaceable possession of the saide Farme house & Land thereunto belonging.

Explanacion of Court Order ab^t m^r Rock

As an Explanation of the Order of the County Court in Novemb^r Last past respecting m^r Joseph Rock his paiment unto the guardians of the Children of the Late Thomas Robbinson deceased what Estate is yet remaining in his hands formerly the Estate of m^r John Coggan deceased (to which Estate hee was Administrato^r) amounting to the Summe of three hundred Forty eight pounds thirteen shillings and four pence as by his Account thereof given into Court. The Court doe declare theire intent in the s^d Order to bee that m^r Rock reserve in his own hands two fifths parts of the saide Summe. Viz^t one Fifth in right of his wife as given to her by her Late Father Coggans will the other Fifth as hee is guardian to one of the s^d Robbinsons Children which two fifths amounts to the Summe of One hundred thirty nine pounds nine shillings & four pence & to pay unto the other three guardians of the saide Robbinsons Children the three other fifth parts thereof amounting to the summe of two hundred & nine pounds four shillings to each guardian his due proporcion of the s^d Summe & m^r Rock fulfilling the s^d Order with this explanacion thereof is discharged from his bond for true Administration upon the s^d Estate.

Division & Setlement of Jonathⁿ Shrimptons Estate

For a division & Setlement of the Estate of the late Jonathan Shrimpton of Boston deceased The Court Orders that the saide Estate bee devided into three equall parts & doe assigne one third part thereof unto Mary the widdow & relict of the s^d Shrimpton for ever as her Dowry the other two thirds are assigned to the two onely Children [229] of the saide Jonathan as theire portions to bee equally divided between them The widdow to haue the emprouement of the whole Estate towards the Education & charge of bringing up the Children till they come of age to choose guardians.

Trescots discharge

William Trescott of Dorchester Adminfstrato^r to the Estate of his brother Thomas Trescott deceased upon renouncing his claime of any debt due to him for disburstments made upon that Estate according to the ballance of his Account given into Court was discharged from his administracion.

Moulder Fined 20^s

Nicholas Moulder presented by the Grandjury for being founde by the Constable at two Quakers meetings at his the saide Moulder’s house upon two severall sabbath dayes in Aprill last past: The s^d Moulder Owned the presentment in Court on consideracion thereof Sentenced him to pay twenty shillings in mony as a fine to the County according to Law & fees of Court standing committed untill hee should performe this Sentence The s^d Moulder being ordered to attend the Court & not appearing when called to receive his Sentence The Court declared it a contempt & Order an attachm^t to issue out for his appearance upon the Adjournment which accordingly did

Cann Fin^d 40^s

John Cann being Summoned to appeare before the Court to answer for his running away & absenting himselfe from the Service of the United Colonies on board the Catch Salisbury Cap^t Mosely Command^r The s^d Cann appearing Own^d in Court that hee entred himselfe with Cap^t Mosely onboard the saide Catch & was on board two or three dayes but doubting of his pay came onshoare & tooke a voiadge for Lynn The Court upon consideracion hereof Sentenc^d him to pay Forty shillings in mony as a Fine to the County & Fees of Court standing committed untill the Sentence bee perform^d

Order ab^t Lyndons Estate

Jn Answer to the peticion of Mary Lyndon wife of Augustyn Lyndon & upon consideracion of what hath been charged upon the saide Lyndon by Ruth Read The Court Orders Deacon Henry Allen as hee is Attourny to the saide Augustyn Lyndon to reserve in his hands what monys goods or Estate hee hath under his custody or managment belonging to the saide Lyndon for the Supply of his wife & Family as the Court of this County shall from time to time order & that hee remit none of the Effects or produce of that Estate to the saide Lyndon without Order from the Court.

Attachm^t Ordered ag^t Coale

The Court Orders an Attachm^t to issue out ag^t George Coale for his appearance on the adjournm^t of this Court. [230]

Attachm^t Ordered ag^t Aldrich

Peter Aldrich of Mendon being Ordered to attend the Court to answer for severall misdemeanors as per Evidence brought into Court against him; but hee absenting himselfe & not attending when called for The Court Ordered an Attachm^t to issue out for his appearance at the next Court of this County.

Order for Tuders departure

John Tuder being summoned to appeare before the Court to answer for his abiding in this Town of Boston contrary to the minde of the Selectmen & Order of Court for his departure The s^d Tuder appearing declared to the Court that hee did intend suddenly to depart the Town This Court again Ordering him soe to doe & hereby confirme theire former Order.

Lovells bond Forfit^d

John Lovell of Waymouth not appearing before the Court when called for to answer according to his bond taken by the Hono^rd Govern^r of 200^li himselfe & 200^li his Sureties being Ordered by the Court of Assistants to answer according to the same at this County Court & his bond being continued to that end, after due calling of principall & Sureties The Court declared both theire bonds Forfited.

Jons bond Forfit^d

John Jons bound over to this Court to answer according to his bond Dat. Feb^ry 11^th 1673 & Richard Tewell being his Surety neither of them appearing upon due calling The Court declared theire bond Forfited.

Court Adjourned

The Court Adjourned from Saturday the 2^d to

Thursday the 21^th of May at nine a clock in the morning

May 21^th 1674@

The Court met according to Adjournm^t

Combes Fin^d 40^s

Peter Combes appearing before the Court upon theire former Sessions by virtue of a warrant to answer for his running away & absenting himselfe from the Service of the United Colonies aboard the Catch Salisbury Cap^t Sammuell Mosely Command^r The saide Combes referred himselfe to the testimony of Cap^t Mosely; who not being then present The Court enjoined the saide Combes to appeare again upon the Adjournm^t when being called Cap^t Mosely came in & gaue Evidence that the saide Combes was impressed by him for the aboue s^d Service & did afterwards absent himselfe The Court on consideracion hereof Sentenc^d him to pay Forty shillings in mony as a Fine to the County & fees of Court standing committed untill the Sentence bee performed The saide Combes appealed from the Sentence of this Court to the next Court of Assistants & himselfe as principall in Five pounds & John Matson [231] as Sureties acknowledged themselves respectiuely bound to the Treasuro^r of the County of Suffolke on condicion that the saide Peter Combes shall prosecute his Appeal from the Sentence of this Court at the next Court of Assistants to effect & that in the meane time hee shalbee of good behavio^r

Dandey Fined 20^s

John Dandey bound over to this Court to answer for his usurping authority & impressing Jacob Nash & others in his Majestie’s Name for the Service of the United Colonies without any power soe to doe of which hee was convict in Court The Court Sentenced him to pay Forty shillings in mony as a Fine to the County with charges of prosecution & Fees of Court standing committed untill the Sentence bee performed: After which upon his humble petition the Court remitted twenty shillings of his Fine.

Coale Fin^d 5^li

George Coale bound over to answer his presentments for his meeting with severall other quakers upon two Lord’s dayes in Aprill last past at the house of Nicholas Moulder at one of which meetings the saide Coale was found speaking: of which hee was convict in Court: The Court Sentenced him to pay Five pounds in mony as a Fine to the County according to Law & Fees of Court standing committed till the Sentence bee performed.

Order about the highway over the Forge damm at Brantery

There being complaint made to this Court that Richard Thayre of Brantery had obstructed & stopped up (by running a fence across) the highway from Manaticott over the Forge damm leading to the Southward: The Court on hearing what was saide in the case doe hereby Order & Empowre the Select men of Brantery to see that the obstructions of the saide highway bee removed & that it bee laide open as formerly & that the proprieto^rs of the saide damm make the abouesaide way suffitient & safe both for passeng^rs carts & cattle to the approbacion of the saide Selectmen by the next Court of this County under the pœnalty of ten pounds to bee by them Forfited to the County in case of default therein.

Freeman Sworn

Thaddeus Redding tooke the Oath of Freedom of this Colony.

Buckminster Sentenced

Sarah Buckminster widdow being sent for to appeare before the Court to answer for her committing of Fornication & having a bastard Childe: Shee Owned in Court that her husband had been dead about three yeares & that shee had a Childe of about six weekes old: The Court Sentenced her to bee whip’t with ten stripes & Order the Selectmen of Boston to dispose of her into some good Family where shee may bee under Goverment.

Order for Sequestration of Spragues Estate

Whereas Jonathan Sprague of Mendon was bound over to this Court to answer for seuerall notorious & hainous crimes & being upon his tryall at the first Session of this Court after a hearing of his case being called to heare the Sentence of the Court declared against him did not [232] appeare & thereby Forfited his bond & hath made an Escape from the hands of justice: The Court orders that warrant issue out to the Marshall to Attach Seize & Sequester the Estate of the saide Sprague soe that it may bee secured & Lye responsable to answer the Forfiture of his bond.

Hickson Sentenc^d. Fin^d 40^s

Walter Hickson bound over to this Court to answer for his keeping company & being too familiar with Mary Bedwell wife of Sammuell Bedwell & other misdemeano^rs & being convict thereof in Court The Court Sentenced him to bee whip’t with fifeteen stripes or to pay Forty shillings & to sit in the stocks two houres & to pay fees of Court standing committed untill the Sentence bee performed And if at any time hereafter hee bee taken in company of the saide Mary Bedwell without other company to bee forthwith apprehended by the Constable & to be whip’t with ten stripes.

Bedwell’s Sentence

Mary Bedwell bound over to answer for her keeping company & being too familiar with Walter Hickson of which shee was convict in Court The Court Sentenced her to sit in the stocks two houres & to bee whip’t with Fifteen stripes or to pay Forty shillings in mony as a Fine to the County and Fees of Court standing committed untill the Sentence bee performed & if at any time hereafter shee bee taken in company of the saide Walter Hickson without other company to bee forthwith apprehended by the Constable & to bee whip’t with ten stripes.

Thorn Fin^d 5^li

Mary Thorn bound over to this Court to answer for her selling strong beare & ale without Licence She Own^d in Court that shee did sell strong beare upon a Trayning day: The Court Sentenced her to pay Five pounds in mony as a fine to the County according to Law & Fees of Court standing committed untill shee performe this Sentence.

Wheeler & Peirce Admonish’t

Elizabeth Wheeler & Joanna Peirce being Summoned to appeare before the Court to answer for theire disorderly carriage in the house of Thomas Watts being married women & founde sitting in other mens Laps with theire Armes about theire Necks The Court upon theire acknowledgm^t of theire fault & promiss to avoide such Offences for time to come admonished them ordered them to pay Fees of Court & soe discharged them.

Randalls Guardian

The Court appointed Cap^t Edward Hutchinson guardian to William Randall sonn of Thomas Randall of Marblehead deceased, which hee accepted of & hath given security according to Law.

Roxbury Commission^rs

The Court appointed m^r John Pearpoint m^r Joseph Dudly & m^r Thomas Weld Commission^rs to end small causes for the Town of Roxbury for the yeare Ensuing.

Weym^o Commission^rs

The Court appointed Cap^t William Torrey L^t Jn^o Holbrooke & Deacon Thomas Dyer Commission^rs to end small causes for the Town of Weymouth for the yeare Ensuing. [233]

Faxtons discharge from Trayning

Thomas Faxton of Brantery upon certificate from Cap^t Richard Brackett was discharged from Ordinary Traynings upon his paiment of six shillings in mony a yeare to the use of the Company & keeping of Armes according to Law.

Jacklens discharge from Trayning

Edmund Jacklen by reason of his age & Lameness was discharged from ordinary Traynings in Cap^t Tho: Savage his Company upon his paiment of six shillings in mony yearly to the use of the Company & keeping of Armes according to Law.

Portic’s discharge from Trayning

Robert Portice upon certificate from Cap^t Tho: Savage was discharged from ordinary Treynings upon his paiment of five shillings in mony yearely to the use of the Company & keeping of Armes according to Law.

Porter’s discharge from Trayning

Abel Porter by reason of his age was discharged from ordinary Traynings in Cap^t William Hudson his company upon his paiment of six shillings in mony yearely to the use of the Company & keeping armes according to Law.

Order upon W^m Salters Peticion

Jn Answer to the Petition of William Salter, for that the Select men of Milton refuse to pay him charges expended upon Dinah Silvester & her Childe during her imprisonm^t & lying in there: which charge wass allowed of by the Court & Ordered for the saide Select men to pay by the Court in October last past: The Court upon his complaint hereof Order that Execucion issue forth against the saide Select men for the same upon the former Courts Order.

Setlement of Howards Estate

Jn Answer to the petition of Alice Howard Relict & Administratrix to the Estate of L^t William Howard of Boston deceased, there appearing noe heire The Court Settles the Estate upon the widdow & Empower her to dispose of it.

Court Order ab^t Bourns Estate in Jn^o Canns hands

Whereas John Cann of Boston tooke to keepe an Orphant by name Elisabeth Bourne & also received the s^d Orphants Estate & Engaged to giue in Security to the Court for the paiment of the saide Estate to the Orphant when shee should come of age: The Court Orders that the s^d Cann giue in Security according to his Engagement by the next Court of this County or that then the Orphant & Estate bee called in & disposed of by the Court. [234]

Licences & Bonds. For Boston

Cap^t William Hudson upon certificate from the Selectmen had his Licence renewed to keepe a house of Publique Entertainm^t & to sell wine beere & brandy by retaile for the yeare ensuing: And himselfe as principall in ten pounds & Cap^t William Wright & W^m Kent as Sureties in five pounds apeice acknowledged themselves respectiuely bound to the Treasuro^r of the County of Suffolke on condicion that the saide Cap^t Hudson shall observe the Laws title Inkeepers with all theire additions & that hee shall not retaile any Brandy to the Inhabitants of the Town to bee drunck in his house & that if hee sells Sider hee shall not sell it for more then two pence the quart.

John Viall upon Like certificate had his Licence renewed to keepe a house of publique Entertainm^t & to sell wine & beere by retaile for the yeare Ensuing & himselfe as principall in ten pounds & Daniell Stone & John Woodmancy as Sureties in five pounds apeice were alike bound as aboue.

Cap^t William Wright upon like certificate had his Licence renewed to keepe a house of publique Entertainm^t & to sell wine & beere by retaile for the yeare ensuing & himselfe as principall in ten pounds & Cap^t W^m Hudson & W^m Kent as Sureties in five pounds apeice were alike bound as aboue.

John Turnor upon Like certificate had his Licence renewed to keepe a house of publique Entertainm^t & to sell wine & beere by retaile for the yeare ensuing & himselfe as principall in ten pounds & Cap^t James Oliver and Marshall Richard Wayte as Sureties in five pounds apeice were alike bound as aboue.

William Kent upon like certificate had his Licence renewed to keepe a Cookes Shop & to sell wine & strong beere by retail for the yeare ensuing & himselfe as principall in ten pounds & Cap^t James Oliver & John Turner as Sureties in five pounds apeice were alike bound as aboue.

John Frankes upon like certificate had his Licence renewed to keepe a Cookes Shop & to sell strong beere by retail for the yeare ensuing & himselfe as principall in ten pounds & Thomas Dewer & Isaac Woody as Sureties in five pounds apeice were alike bound as aboue.

Rebecca Winsor upon like certificate had her Licence renewed to keepe a Cookes Shop & to sell strong beere by retail for the yeare ensuing & Cap^t James Oliver & James Bateman in ten pounds apeice acknowledged themselves bound to the Treasuro^r of this County for Rebeca Winsor on condicion as aboue. [235]

John Keen upon Like certificate had his Licence renew^d to Keepe a Cookes Shop & to sell strong beere by retail for the yeare ensuing & himselfe as principall in ten pounds & Cap^t W^m Hudson & W^m Kent as Sureties in five pounds apeice acknowledged themselves respectiuely bound to the Treasuro^r of the County of Suffolke on condicion that the saide Keen should observe the Laws title Inkeepers with all theire additions & that if hee sold Sider hee should not sell it for more then two pence a quart.

Joanna Courser upon Like certificate had her Licence renewed to keepe a house of publique entertainm^t & to sell strong beere by retail for the yeare ensuing & herselfe as principall in ten pounds & Thomas Dewer & William Gibson as Sureties in five pounds were Like bound as aboue.

William Pollard upon Like certificate had his Licene renew^d to keepe a house of publique Entertainm^t for the yeare ensuing & to sell strong beere by retail & himselfe as principall in ten pounds & Cap^t William Hudson & Cap^t William Wright as Sureties were alike bound as aboue.

Edmund Jackson upon Like certificate had his Licence renewed to keepe a house of publique Entertainm^t & to sell strong beere by retail for the yeare ensuing & himselfe as principall in ten pounds & Thomas Matson sen^r & John Pease as Sureties in five pounds apeice were alike bound as aboue s^d.

Widdow Vpshall upon Like certificate had her Licence renewed to keepe a house of publique Entertainm^t & to sell strong beere by retail for the yeare ensuing & Thomas Bill & Francis Hudson bound themselves in ten pounds apeice for the principall & as Sureties on condicion as aboues^d.

Francis Hudson upon Like certificate had his Licence renew^d to keepe a house of publique Entertainm^t & to sell strong beere by retail for the yeare ensuing & himselfe as principall in ten pounds & John Viall & Thomas Bill as Sureties in five pounds apeice were alike bound as aboues^d.

Sammuell Norden upon Like certificate had his Licence renewed to keepe a house of publique Entertainm^t & to sell strong beere by retail & himselfe as principall in ten pounds & Sammuell Emmons & William Gibson as Sureties in five pounds apeice were alike bound as aboues^d.

William Norton upon Like certificate had his Licence renewed to keepe a house of publique Entertainm^t & to sell strong beere by retail for the yeare ensuing & himselfe principall in ten pounds & Francis Hudson & Thomas Bill as Sureties in five pounds apeice were alike bound as aboues^d. [236]

Clemont Gross upon Like certificate had his Licence renewed to keepe a house of publique Entertainm^t & to sell strong beere by retail for the yeare ensuing & himselfe principall in ten pounds & Cap^t James Oliver & William Kent as Sureties in five pounds apeice acknowledged themselves respectiuely bound to the Treasuro^r of the County of Suffolke on condicion that the saide Gross shall observe the Laws title Inkeepers with all theire additions & that if hee shall sell Sider hee shall not sell it for more then two pence per quart.

Robert Cox upon Like certificate had his Licence renewed to keepe a house of publique Entertainm^t & to sell strong beere by retail & himselfe as principall in ten pounds & William Kent & John Sandys as Sureties in five pounds apeice were alike bound as abouesaide.

Nathaniell Bishop upon Like certificate had his Licence renewed to keepe a house of publique Entertainment & to sell strong beere by retail for the yeare ensuing & himselfe principall in ten pounds & Daniel Turill sen^r & Marshall Richard Wayte as Sureties in five pounds apeice were alike bound as abouesaide.

Benjamin Phippen upon Like certificate had his Licence renewed to keepe a house of publique Entertainm^t & to sell strong beere & keepe a Cookes shop for the yeare ensuing & himselfe as principall in ten pounds & Jn^o Comer & John Orrice in five pounds apeice as Sureties were alike bound as abouesaide.

Thomas Saxton upon like certificate had Licence granted him to keepe a house of publique Entertainm^t & to sell strong beere by retail for the yeare ensuing & himselfe as principall in ten pounds & Arthur Mason & John Synderland as Sureties in five pounds apeice were alike bound as abouesaide.

Thomas Matson jun^r upon like certificate had Licence granted him to keepe a house of publique Entertainment & to sell strong beere by retail for the yeare ensuing & himselfe as principall in ten pounds & Thomas Matson sen^r & Lionell Wheatly as Sureties in five pounds apeice were alike bound as aboues^d.

Jane Bernard upon like certificate had her Licence renewed to keepe a house of publique Entertainm^t for the yeare ensuing for the selling of Coffee Chocolate & bottle Sider & as an addition to sell strong beere by retail & her husband Bertholmew Bernard as principall in ten pounds & Richard Woody & Edward Cowell as Sureties in five pounds apeice were alike bound as aboues^d. [237]

L^t John Smith of winnisimmet upon Like certificate had his Licence renewed to keepe a house of publique Entertainm^t & to sell wine strong beere sider & strong waters by retail for the yeare ensuing provided hee keepe suitable Entertainm^t according to Law & himselfe as principall in ten pounds & William Kent & Ephraim Turno^r as Sureties in five pounds apeice acknowledged themselves respectiuely bound to the Treasuro^r of the County of Suffolke on condicion that the saide Smith should observe the Laws title Inkeepers with all theire additions & that hee should keepe suitable Entertainm^t according to Law & not sell his Sider for more then two pence per quart.

Anne Puglice upon certificate from the Selectmen of Boston had her Licence renewed to distill & retail strong waters by small quantities for y^e yeare ensuing; provided shee did not sell to any of the inhabitants of the Town to drincke it in her house and George Puglice her husband as principall in ten pounds & Richard Collicot & William Bartholmew as Sureties in five pounds apeice acknowledged themselves respectiuely bound to the Treasure^r of the County of Suffolke on condicion that Anne Puglice should observe all the Laws concerning distilling and retailing of strong waters & that shee should not sell any to the inhabitants of the Town to bee dranck in her house.

Thomas Smith had his Licence renewed to distill & retail strong waters by small quantities for the yeare ensuing with the proviso abouesaide & himselfe as principall in ten pounds & Elisha Cooke & Richard Knight as Sureties in five pounds apeice were alike bound as aboue.

William Tay had his Licence renewed to distill & retail strong waters by small quantities for the yeare ensuing with the proviso abouesaide & himselfe as principall in ten pounds & John Tay & Isaiah Tay as Sureties in five pounds apeice were alike bound as aboue. [238]

[Licenses of other towns]

Elisha Hutchinson had his Licence renewed to distill and retail strong waters by small quantities for the yeare ensuing: provided hee did not sell to any of the Inhabitants of the Town to drinck it in his house & himselfe as principall in ten pounds & Eliakim Hutchinson & James Whetcomb as Sureties in five pounds apeice acknowledged themselves respectiuely bound to the Treasuro^r of the County of Suffolke on condicion that the saide Elisha Hutchinson should observe all the Laws concerning distilling & retailing of strong waters & that hee should not sell any to any of the inhabitants of the Town to bee dranck in his house

Sammuell Ruggles of Roxbury upon certificate from theire Select men had his Licence renewed to keepe a house of publique Entertainment to sell wine strong beere & strong Liquo^rs by retail for the yeare ensuing & himselfe as principall in ten pounds & Jn^o Morse & Jacob Fowle as Sureties in five pounds apeice acknowledged themselves respectiuely bound to the Treasuro^r of the County of Suffolke on condicion that the saide Ruggles should observe the Laws title Inkeepers with all theire additions & that hee should not sell Sider for more then two pence the quart & that hee should not sell any strong Liquo^rs to any of the inhabitants of theire Town to bee dranck in his house.

Nicholas George of Dorchester upon Like certificate had his Licence renewed to keepe a house of publique Entertainm^t to sell wine strongbeere & Sider by retail for the yeare ensuing & himselfe as principall in ten pounds & Richard Knight & John Casey as Sureties in five pounds apeice were alike bound as aboues^d.

Nathan Bradley of Dorchester upon Like certificate had Licence granted to retail & Sell Sider for the yeare ensuing & himselfe as principall in ten pounds & Enoch Wiswall as Surety in five pounds acknowledged themselves respectiuely bound to the Treasure^r of the County of Suffolke on condicion that the saide Bradly should obserue the Laws & should not sell Sider for more then two pence the quart.

William Daniell of Milton upon like certificate had his Licence renewed, to keepe a house of publique Entertainm^t to sell wine strong beere & Sider by retail for the yeare Ensuing & himselfe as principall in ten pounds & Robert Tucker & Anthony Newton as Sureties in five pounds apeice were alike bound as aboues^d.

John Jacob of Hingham upon Like certificate had his Licence renewed to keepe a house of publique Entertainment to sell wine strong beere Sider & Liquo^rs by retail for the yeare Ensuing & himselfe principall [239] in ten pounds John Thaxter sen^r & John Thaxter junio^r as Sureties in five pounds apeice acknowledged themselves respectiuely bound to the Treasure^t of the County of Suffolke on condicion that the saide John Jacob should observe the Laws title Inkeepers with all theire additions & that hee should not sell Sider for more then two pence the quart.

Isaac Lobdell of Hull upon like certificate had his Licence renewed for to keepe a house of publique Entertainment, to sell wine strong beere & Sider by retail for the year ensuing & himselfe as principall in ten pounds & Joseph Davis & James Meares as Sureties in five pounds apeice were alike bound as aboue.

John Aldus of Dedham upon like certificate had his Licence renewed to keepe a house of publique Entertainment to sell wine strong beere & Sider by retail for the yeare Ensuing & himselfe as principall in ten pounds & Cap^t James Oliver & Thomas More as Sureties in five pounds apeice were alike bound as aboue.

Joshua Fisher sen^r of Medfeilde upon like certificate had his Licence renewed to keepe a house of publique Entertainment & to sell wine strong beere & Sider by retail for the yeare ensuing & himselfe as principall in ten pounds & Cap^t George Barber & John Thirston as Sureties in five pounds apeice were alike bound as aboues^d.

Jn^o Foster of Dorchester had his Licence renewed to distill & retail strong waters by small quantities for the yeare ensuing & himselfe as principall in 10^li & Hopestill Foster jun^r & Ephraim Searle as Sureties in 5^li apeice were bound to the Treasuro^r for his observance of the Laws & that hee should not sell to the inhabitants of the Town to drincke in his house.

This Court dissolved May 22^th 1674 @.

Paine to Gibbs

John Paine of Boston Late of Ipswich sonn of Elder Robert Paine of Ipswich personally appeared before John Leverett Esq^r Govern^r & Edward Tyng Esq^r Assist: June 29^th 1674 & acknowledged a judgment against himselfe & Estate to Robert Gibbs of Boston Merchant for Eighty one pounds two Shillings and three pence currant New-England mony being according to bond bearing date October 22^th 1673. @.

as Attests Is^a Addington Cler [240]

Gibbs & Whartons Covenant.

Whereas Benjamin Gibbs of Boston in New England hath Covenanted & agreed with Richard Wharton & Thomas Bendish of Boston aforesaide Merchants to Loade the Ship called the Exchange John Bywater master with Fish at Newfoundland as per Articles of Agreement Signed & bearing date with these pu^rsents more fully may appeare. And in order to a more punctuall compliance with the aforesaide Covenant, the saide Benjamin Gibbs hath hired & doth hire of m^r Simon Lynde one halfe part of the Catch Endeavo^r Henry Wheeler master to bee Loaden for Newfoundland Charterpartys for the saide Catch part running in the name of the saide Benjamin Gibbs; as also the Letting of the s^d halfe to Freight from Newfoundland aforesaide to Rochell &c in the Kingdom of France upon the proper Account of m^r John Baily of Rochell aforesaide: Together with the Loading of the saide Catch with Fish as per Articles in that respect Signed & Sealed & bearing date with these pu^rsents more fully & at lardge doth & may appeare: Now Know all men by these pu^rsents that the s^d Richard Wharton doth hereby for himselfe his Execute^rs & administrato^rs Covenant promiss & grant to & with the saide Benjamin Gibbs his Execute^rs& administrate^rs that hee the s^d Richard Wharton his Execute^rs or assignes shall & will supply the s^d Benjamin Gibbs with one halfe part of whatsoever hee the s^d Benjamin Gibbs shall advise to bee necessary in order to the prosecuting of the s^d designe over & aboue the two hundred pounds which the s^d Richard Wharton & Thomas Bendish haue Covenanted to Supply the saide Gibbs withall; or otherwise to pay for the same; and also to comply with & fully to discharge the s^d Benjamin Gibbs his Executo^rs& administrato^rs off & from all contracts Covenants Charterparties or Agreements which the saide Benjamin Gibbs hath made or shall make in order to the hiring of one halfe part of the s^d Catch or to the procuring of any thing for the promoting of the saide designe in Loading the saide Ship and Catch with fish as aforesaide Together with one halfe part of all contingences and Losses that shall or may arise or happen to the saide Gibbs his Executo^rsor assignes by reason of the abouenamed undertakings: And further to allow besides halfe the passadge & ordinary expences of Benjamin Allen Servant to the s^d Benjamin Gibbs in all the saide Voiadge or Voiadges the full halfe of five per Cent for his the saide Allens respectiue selling & buying at each deliuering port; As also discharge & pay one halfe part of all damage, cost, charges, debts, demurrage dead freight, or detriment whatsoever [241] that shall or may arise or come to the s^d Benjamin Gibbs his heires Executo^rs administrato^rs by reason or meanes of the aforesaide undertaking. In consideration whereof the saide Benjamin Gibbs doth hereby Covenant and promiss to & with the saide Richard Wharton his Executo^rs & administrato^rs that hee the saide Benjamin Gibbs shall & will Leaue in the hands of the saide Wharton or otherwise deliver unto him one halfe part of the cleere profit that shall arise unto him the saide Gibbs in or by the saide voiadge or voiadges either by the earnings of the saide Catch or Sales of goods or Sales of Fish or by any other wayes whatsoever upon his the s^d Benjamin Gibbs receipt of the same: And for the true Observation & performance of all & singuler the Covenants & Agreements & all other things aboue exprest, the saide parties doe binde themselves theire heires Executo^rs& administrato^rs & all & either of them to the other in the Summe & pœnalty of five hundred pounds of Lawfull mony of New-England well & truly to bee paide by the party defectiue unto the party observant. Jn Witness whereof the saide partys unto these pu^rsent writings interchangeably theire hands & Seales have set the ninth day of October in the yeare of o^r Lord One Thousand Six hundred Seventy & three.

Rich^d Wharton (a seal)

Signed Sealed & Deliu^rd in the pu^rsence of us

Benjamin Allen

John Cobbit

John Hayward

Benjamin Allen John Cobbit & John Hayward did appeare before us the 23^th day of July: 1674 and made Oath that they did see Richard Wharton Signe Seal & deliuer the aboue written Instrument as his act & Deed upon the day of the date thereof

John Leverett Gov^r

Edward Tyng Assist

Sealy to Joylife

Elisabeth Sealy of Jsles of Shoales widdow, relict and administratrix to William Sealy deceased personally appeared before John Leverett Esq^r Gov^r & Simon Bradstreet Esq^r Assist. July: 20^th 1674 & acknowledged a judgment against herselfe & Estate to m^r Jn^o Joyliffe of Boston Merchant for the Summe of One hundred & four pounds three shillings & five pence in mony being for soe much remaining due upon a bond for: £:118:03:05 bearing date 25^th of July: 1672.

as Attests Is^a Addington Cler

Execucion issued July 24: 1674 [242]

[Wharton’s Order]

Gibbs to Melot

M^r Benjamin Gibbs personally appeared before Jn^o Leverett Esq^r Gov^r& Edward Tyng Esq^r Assist July 23^th 1674 & acknowledged a judgment against himselfe & Estate unto Augustine Melot for twenty seven pounds ten shillings in mony being in full of a bill drawn by the s^d Gibbs upon his Servant Benjⁿ Allen bearing date Octob^r 24^th 1673 for the paiment of the Summe of Fifty five pounds in Fish at Newfoundland according to the rate per quintall therein mentioned.

This was then done as Attests

Is^a Addington Cler.

Augustin Mellot personally appeared in the Office Aug^o: 27: 1674 & acknowledged hee had received full Satisfaction for this judgm^t of £:27:10^s:0. desiring it might bee soe Entred as Attests

Is^a Addington Cler

Savages Evidence

Thomas Savage aged 34 yeares or thereabouts Sworn saith that being in the Shop of m^r Benjⁿ Gibbs at or about the 10^th of instant July m^r Richard Wharton & the s^d Gibbs being in the Shop discoursing together (amongst some other discourse that past between them) I did heare m^r Richard Wharton using words to perswade the s^d Gibbs to enter into bonds of arbitration; which the s^d Gibbs seemed to bee backward unto; upon which s^d Wharton used this expression as an argument to perswade s^d Gibbs thereunto: you know saide hee the mindes of the Arbitrato^rs already, & therefore it can bee noe disadvantage to you or words to that purpose.

Taken upon Oath: July: 25^th 1674

Before us John Leverett Gov^r

Edward Tyng Assist. [243]

Haywards Evidence

The Deposition of John Hayward aged thirty four yeares or thereabout saith that about the eleventh day of this instant July m^r Richard Wharton gave mee instructions for the drawing of bonds for arbitracion betwixt the saide Richard Wharton & Thomas Bendish as Facto^rs or agents to Hillery Renew & Company: and m^r Benjamin Gibbs for the ending of all differencyes relating to the Loading of the Ship called the Exchange of Hull m^r John Bywater mast^r at Newfoundland; also bonds for Arbitracion between Augustine Mellot factor for John Baily of Rochell and the saide m^r Benjamin Gibbs relating to the hire of the Catch Endeavo^r (whereof Henry Wheeler was then Master) for a voiadge to Newfoundland &c & Loading the saide Catch there with Fish: And when J had taken instruction hee called m^r Gibbs to my Shop & desired mee this deponent to read the instructions given; which J this deponent did: and the saide Gibbs then replied why should J goe to Arbitration J am secure enough already: And the s^d Wharton made answer it is the best way for the securing both partyes for they did not know that those that came after might bee soe able to manage that matter as they were: And then m^r Gibbs saide why should J bee bound who am now free: and m^r Wharton replied that saide Hayward knowes our concerns already, therefore wee need not bee scrupilous of speaking before him, wee are equally concerned together & you must thinke that J am not willing to damnify myselfe (or words to that Effect) & farther saide to m^r Gibbs you partly understand the Gentlemens mindes already they having knowledge of the matter (with some other words to the same Effect) upon which the s^d Gibbs agreed that the s^d bonds should bee drawn and J this deponent did draw the s^d bonds according to instructions & deliuered them to m^r Gibbs & farther saith not.

Taken upon Oath July: 25^th 1674 @

Before us John Leverett Gov^r

Edward Tyng Assist.

[Evidence about Mead and Alcock]

Wee whose names are underwritten, having been acquainted with the contests between m^r Richard Mead of Roxbury & m^r Samuel Alcock of Boston concerning the house & Lands of m^r Samuell Alcock lying in Roxbury; which haue been in the possession of the saide Richard Mead for many yeares Last past by the permission of the saide Samuel Alcock Do upon our Oathes testify that on the twenty seventh of January Last past, being present in Roxbury w^th the saide Richard Mead & Samuel Alcock, saw & heard the s^d Richard Mead give unto the saide Samuel Alcock full & peaceable possession of the abouemention^d Tenement & all its appurtenances by turffe & twigg with deliuery also of the key of the s^d house for him y^e s^d Samuel Alcock & his heires proper use & behoofe forever as witness o^r hands this third day of March in the yeare of o^r Lord 167¾.

This testimony was taken by Samuel Danforth & Daniel Brewer before us y^e 3. 7^ber 1674. upon theire corporall Oathe.