At a County Court held at Boston Aprill: 28 [email protected]

    Present

    • Jno Leverett Esqr Govr
    • Wm Stoughton Esqr
    • Simon Bradstreet Esqr
    • Major Tho: Clarke Esqr
    • Edw: Tyng Esqr
     

    Grand jury same with the former Court.

    Jury of Tryalls Sworn

    • mr Jno Fayrweather
    • Tho: Holman
    • Tho: Gill
    • Tho: Kellond
    • Jno French senr
    • Sampson Shore
    • Jno Gravener
    • Jno Bird
    • Jonath: Fayrebank
    • Shuball Seaver
    • Jno King
    • Joseph Morse

    Tho: Moore in Jno Bird’s room after hearing six cases.

    [Shippen v. Green’s Estate]

    Edward Shippen plaint. agst John Hull & Theophilus Frary as administrators to the Estate of Joseph Green deceased Defendts 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 26th 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 Creditors & 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 sd 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 agst Pretious

    Thomas Smith Commandr of the Ship SeaFlower plaint. agst Charles Precious defendt 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: wch saide Smith in saide Ship & all due interest & other due damages according to Attachmt Dat: Aprill: 18th 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 agst Downe

    Thomas Merriweather Attourny to Phillip French plaint. agst Thomas Downe Master of the Catch Dove Defendt in an action of the case for damage upon goods shipped in his saide Catch on the accot of saide French & not deliuering them in good Order & well conditioned according to bill of Loading with other due damages according to Attachmt Dat. Aprill 23d 1674. The defendant Objecting agst 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 Defendt in the summe of Eighty pounds mony to saue the sd Down harmless from any damage from any other person for the sd Merriweather’s prosecution of this Suite & to respond the sd Downe his just damage if hee shall carry the accion against sd Merryweather: after which . . . The Jury . . . founde for the defendant costs of Court.

    Hawkins agst Sheafe

    Thomas Hawkins plaint. agst Sampson Sheafe Defendt 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 wch vessells was in the house then in the possession of the sd Sheafe by which detaining & keeping from the sd 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 Attachmt Dat: Aprill: 13th 1674. . . . The Jury . . . founde for the plaintife four pounds ten shillings in mony & costs of Court being Seventeen shillings six pence.

    Execucion issued May 2d 1674

    [See Sheafe v. Hawkins, pp. 1–3, and Hawkins v. Sheafe, pp. 275–7, above.]

    Richards agst Starkweather &a

    David Richards of Roxberry plaint. agst Robert Starkweather & Edward Bragg administrator 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 undr the hand of the sd Starkweather & Wright dated: 14:10: 1655 with all due damages & forbearance according to Attachmt Dated 30. 1. 74. . . . The Jury . . . founde for the plaintife twelue pounds ten shillings in mony & costs of Court.

    Rouse agst Cooke

    Mary Rouse plaint. agst Francis Cooke Defendt 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 pd by his order to seuerall persons. [217] according to Attachmt Dat: March 6th 1673. The accion being called the plaint. appeared the Defendant was called seuerall times; also Thomas Thacher junior 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: 16th 1674 for £6.13.6. mo

    Rose agt Ambrose

    Roger Rose plaint. agst 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 Attachmt Dat: Aprill: 16th 1674. . . .

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

    Gibbs agt Bennet

    Robert Gibbs who married Elizabeth Sheafe one of the Executrixes of the Last will & Testament of mr Henry Webb Late of Boston deceased plaint. agst Sammuell Bennet of Rumny Marsh Defendt 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 Attachmt Dat. February 20th 1673. The accion being called the plaint. appeared; The Defendt 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: 7th 1674. [218]

    Conny agt Nowell

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

    Halsall agt Shaw

    George Halsall plaint. agst Fearenot Shaw Defendt 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 Attachmt Dat: Aprill: 21th 1674. The accion being called the plaint. appeared; The Defendt 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: 2d 1674.

    Jay agt Adkins

    Anne Jay of Hingham widdow plaint. agast Thomas Adkins of Boston Carpenter Defendt in an action of the case to the value of thirty pounds in mony which is due unto the sd 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 Attachmt Dat. Aprill. 14th: 1674. The action being called the plaint. appeared, The Defendt was called severall times; also Capt: Samll: 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. Capt: 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 senr & William Hawkins as Sureties in thirty pounds apeice acknowledged themselves respectiuely bound to the Treasuror 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:

    [See Records of the Court of Assistants, i. 21.]

    Manning agt Muzzey

    Anne Manning sole Executrix to the Last will and Testament of mr Richard Parker deceased plaint. against Benjamin Muzzey senr Defendt in an action of the case for witholding a debt of thirty pounds or thereabouts due by booke & due damages according to Attachmt Dat: January 29th 1673. The action being called the plaintife appeared; The Defendant was called seuerall times; also John Wiswall junr 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. judgmt 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 judgmt given according to Law: . . . The Jury . . . founde for the plaintife eighteen pounds ten shillings eight pence & costs of Court.

    Cowell agt Rigby

    Edward Cowell plaint. agst 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 Attachmt Dat. Aprill 21th 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 2d 1674.

    Phillips agt Wharton

    Zechariah Phillips plaint. agst Richard Wharton Defendt 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. 23th. 1674. [220] . . . The Jury . . . founde for the plaintife three pounds damage in mony & costs of Court.

    Downe agt Merriweather

    Thomas Downe plaint. agst Thomas Merriweather Defendt according to Attachmt Dat. Aprill: 23th 1674. The plaintife in failure of his process was nonsuited The Defendt being under age to be sued.

    Gibbs agt Fairfeild

    Benjamin Gibbs plaint. agst Daniell Fairfeild Defendt 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 Attachmt Dat: February. 9th 1673. . . . The Jury . . . founde for the plaintife six pounds eight shillings & costs of Court. being eighteen shillings & two pence.

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

    Hill agt Emmons

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

    Crown agt Sprague

    Colonell William Crown agst Jonathn Sprague Defendt according to Attachmt Dat. 10th 12mo 1673. The plaint. was nonsuited in failer of his process.

    Allen agt 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. agst Jeremiah Jewet as hee is sonn & heire; as also Phillip Nelson as Executors to the last will & Testament of the late Joseph Jewet of Rowly deceased Defendts in an action of the case for breach of Articles or agreement made bearing date the. 30th 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 Attachmt Dat. Aprill: 22th 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 Defendts May: 21: 74 upon theire Adjournmt 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 mr Rawson the surviving Overseer from the demands of the other of mr Allens children. Execucion issued June 4th 1674. [221]

    [There are seventy-six documents in S. F. 1389 on this and the related cases of Allen v. Whipple and Waite v. Whipple, which were begun in the County Court at Ipswich. Many of these documents are printed in Records and Files of the Quarterly Courts of Essex County, v. 387–95.]

    Vsher &a agst Greenough

    Hezekiah Vsher senr Capt William Davis, John Hull Peter Lidgett Sammuell Shrimpton & Peter Sergeant Attourny to Phillip French Owners of seven eight parts of Ship Blessing plaints agst William Greenough senr of Boston Marriner Defendt in an action of the case for not giving to sd Owners a just & true account of the earnings of sd Ship from London to New-England in the yeare 1673 & all due damages according to Attachmt Dat. Aprill: 23th 1674. The plaints withdrew theire action upon the Defendts promiss to repay them theire Entry mony.

    Vsher &a agst Greenough

    Hezekiah Vsher senr Capt 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 senr was mar plaints agst William Greenough senr Defendt 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 accot given in appeares & all due damages according to Attachmt Dat. Aprill. 23th 1674. The plaints withdrew theire action upon the Defendts promiss to repay them theire entry mony.

    Deane &a agt Giffard

    Thomas Deane & John Wensly Attournies to Thomas Breedon plaints agst John Giffard of Lynn Defendt 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 Attachmt Dat: March 31th 1674. . . . The Jury . . . founde for the plaints the Forfiture of a bond of two hundred pounds mony & costs of Court. The Magistrates at the request of the Defendt chancered this bond to One hundred seventeen pounds five shillings mony & costs of Court being twenty eight shillings two pence.

    Execucion issued May 8th 1674.

    Smith agt Goold

    John Smith of Boston plaint. against Ensigne John Goold of Topsfeild Defendt 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 Attachmt Dat. March 5th 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.

    Lt John Smith ye plt personally appeared in the office June 20th 1674: and acknowledged he had received full satisfaction for this Judgement.

    Isa Addington, Cler

    Peirce to Gibbs

    Nehemiah Peirce personally appeared in Court Aprill: 28th 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 dischargd

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

    Freeman Sworn

    Abraham Staple of Mendon tooke the Oath of Freedom.

    Stevens Fined 5li

    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 Senta

    Jonathan Sprague of Mendon bound over to this Court to answer for his contemning the Ordinance of baptisme vilifying & reproaching mr 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.

    Mr 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 Presentmt

    The Selectmen of Hingham being presented by the Grandjury for not rateing all theire Lands according to Law The presentmt being called; Capt Joshua Hubbard Ensign John Thaxter & some others of the Select men appeared to answer the presentmt John Tower senr of Hingham appearing as an Evidence to this presentmt 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 presentmt & to put the Select men to the trouble of comming up & dismist the presentmt & ajudge & Order the saide Tower to pay the sd 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 behavior

    Evelyn dischargd from Traynings

    Silvester Evelyn of Boston upon certificate from Major 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 Find: 50s

    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 mr Nath: Glovers Estate

    Two of the Children of the Late mr Nathaniell Glover deceased; who are now of age & mr 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 Capt 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 abouesd 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 1st of May 1674. The parties concerned in the order of this Honord 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 mr 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 Dorchestr 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 Wm 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 mr 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 Wm 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 mr Habakkuk Glover to bee & belong to bee devided between them in like proportions as aboue. as witness yr hands the day & yeare abouewritten in pursence & with the approbacion of the saide Committee.

    Jn pursence & with approbacion

    Nathaniell Glover

    Hopestill Foster

    Anthony Checkly

    Richard Hall

    guardian to Jno Glover

    Joseph Homes

    William Rawson

    And is witnessed by

    Thos Hinckley senr

    Edward Rawson

    John Richards

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

    May 2d: 1674.

    as Attests. Isa Addington Clerk.

    [This estate, which was valued at 550l at the decease of Nathaniel Glover in 1660 (S. F. 1350.2), produced an amazing amount of litigation. The earliest relevant documents are the will of John Glover, one of the Mary and John group who settled at Dorchester and an Assistant of the Colony, dated 26 January 1653 (S. F. 1350.8), and the inventory of his estate (S. F. 1350.11), which shows that it was a property worth fighting for.

    The last Will of mr John Glover of Boston made as followth

    Jt being written the Earth is the Lords & the fulness thereof the habitable World & they that dwell therein Again J have cryed to thee Jehovah J have saide thou art my trust, my portion in the land of the living & Again none of us liveth to himselfe, neither doth any dye to himselfe, & J accordingly beleiving doe therefore also speake & unto god Say, J am thine & thou art mine & pray oh that J & mine the Souls that thou hast given mee, if wee live wee may live to thee, if wee dye wee may dye to thee, both if wee live & also if wee dye wee bee thine, and as for what else thou hast given mee to possess thou hast trusted mee to dispose, that thou wilt bee pleased to bee with mee in devizeing of it & bless it soe in theire hands to whome J give it Amen

    And first J will all former Wills bee Revocate And Whereas J have by Deed given unto my Sonn Thomas Glover all my lands in England with promiss they shalbee freed of my wives Dowre & that besides J haue promised to give him four hundred pounds & haue also promised to my Sonne Nathaniel to giue him soe much in good payment as would make the lands the which J delivered him worth four hundred pounds And haue also given to my Sonn Habakkuk that one halfe of the Newhouse in Boston neerest mr Webbs house with halfe of all the other houseing halfe of the yard & pitts in it & other accommadacions for tanning & promised to make it up four hundred pounds all these with all other my debts J will to be duely paide in the first place out of my goods, debts, due to mee & out of the profits of all my lands in Dorchester & Boston saveing my Wives dowre, not herein already exprest to bee given

    And next unto these my Will is that my two Sonns John & Pelatiah shall haue either of them One hundred pound paide unto them out of my goods & out of the profits of my two Farmes on the further side of the River in Dorchester & out of the one halfe of my house yard, other houseing & tann pits not herein exprest to bee given to my Sonn Habakkuk assoone as my Wives necessary maintenance out of the aforesaide Estate will permit.

    And further after these performed my Will is my beloved Wife relinquishing her right of Dowre in England shall have all the rest of my goods & all the profits of my two Farmes in Dorchester & of my aforesd halfe house yard houseing & tanpits in Boston undisposed of for & during her Naturall life

    And further that my Sonn Habakkuk shall haue the saide halfe of my house in Boston next Goodman Hudsons with the halfe of the yard & other houseing & tan pits, my Sonn Habakkuk paying within one yeare to my Sonn Thomas Glover ten pounds & to my Sonn Nathaniel Glover Forty pounds & to Harvard Colledge at Cambridge for & towards the maintenance of a Fellow there five pounds a yeare for ever & if my beloved Wife can spare to give the saide five pound a yeare in her life time J doubt not but Shee will give it And of this my last Will J make & ordaine my well beloved Wife my sole Executor desiering my respected loving Freinds mr Richard Mather & mr Henry Withrington as OverSeers to advise & further the performance of this my Will: Now o god as for mee let mee see thy face in Righteousness J shall haue sufficient in the awakening of thine image; as for my Children with them which J leaue behinde mee o that thy grace & peace may bee and as for thy Majesty to thee bee glory & might both now & for the day of Eternity Amen

    Jf my saide Sonns John & Pelatiah shall haue occasion to sell mr Newberry’s Farme, my desire is it bee sold to my Sonn Nathaniel if hee desire to buy it

    Written with my own hand this eleventh day of Aprill 1653

    John Glover

    Vpon further consideration of what my Sonns John and Pelatiah haue already received in theire Education my Will & minde is that after the decease of my beloved Wife they the saide John & Pelatiah shall haue and receive out of my two Farmes in Dorchester either of them the Summe of two hundred pounds; which Summe of Four hundred pounds being first paide unto them the saide John & Pelatiah, J doe hereby give Revertion & inheritance of the saide two Farmes unto my Sonns Habakkuk John Nathaniel & Pelatiah & to theire heires for ever, to bee equally devided amongst them in four severall partts & that this is my Will J haue caused this Codicell to bee annexed & afixed to my Will & Testament as part thereof & haue thereunto put my hand this. 26th day of the Eleventh month 1653.

    John Glover

    Witnesses hereof

    The Will itselfe with these words enterlined saveing my wives Dowre with the Coddicel to both which hee hath Subscribed his Name was acknowledged by the saide mr John Glover to bee his last Will & Testament this. 26th of. 11th mo 1653 before me:

    William Hibbins

    The 9th of Febro 1653.

    mr Habakkuk Glover appeared before the Magistrates & presented this aboue & within written to bee the last Will & Testament of his Father mr John Glover deceased mr William Hibbins being a Witness thereunto being deposed Saying that hee saw the saide mr John Glover Signe the aboue mentioned purmises & that when hee Signed it hee heard him publish it as his last Will & Testament & that then hee was of a sound disposeing minde when hee Signed it, which the Magistrates approved of.

    present the Dept Govr

    mr Hibbins

    Recorder

    . . . true Coppie . . . Isa Addington Cler

    S. F. 1350.11

    An Jnventory of the Goods and Chattels of mr John Glover of Boston deceased, prized the 6th: 2: 53 [54] at his farme in Dorchester beyond Naponset now in the occupation of John Gill & Roger Billing by vs whose names are underwritten.

    Jmprimis, The farme house, barne, out howsing Vpland broken vp pasture with meadow there unto belonging

    700:00:0

    Jt in wheate 130 bushels at 5s per bush. Comes to in all

    32:10:0

    Jt in Oates: 40 bushels at [2s 6d] per bush

    5:00:0

    Jt in Jndian Corne at 3s per bush

    45:00:0

    Jt 4 mares at 20l per mare Comes to

    80:00:0

    Jt one Stone horse

    16:00:0

    Jt one young mare 2 yeares old

    16:00:0

    Jt. Two young Colts at 15l both, the halfe being John Gills

    7:10:0

    Jt: 4 Oxen at 16l per yoke

    32:00:0

    Jt. 2 Oxen more

    14:00:0

    Jt. 9 Cowes. 6 of them having Calues & three being at hand to Calue 5l 5s per Cow Comes to

    47:05:0

    Jt: 10 Cowes Some with Calfe and Some not at 5l per Cow Comes to

    50:00:0

    Jt. 3 Bulls: one 3l: 2 at 2l 6s per bull

    8:00:0

    Jt: 2: in Calfe heifers at 4l 10s per heifer

    9:00:0

    Jt. 6 young beasts: at 2l 10s per beast

    15:00:0

    Jt one old Cow

    3:05:0

    Jt. 5 heifers at 40s per heifer

    10:00:0

    Jt 4 young bullocks one with another

    15:00:0

    Jt: 2. young heifers both togeather

    6:00:0

    Jt. part in 7: Calues 30s per Calfe

    5:05:0

    Jt. part in Swine at 20s

    10:00:0

    Jt: part in Twelue piggs [worn]

    1:06:8

    Jt: 4 ox Chaines at 6[s] 8d per Chaine

    1:06:8

    Jt: one old Plough

    0:08:0

    Jt. one Jndian plough

    0:08:0

    Jt one whipsaw

    [0:10:0]

    Jt. in 33 harrow pins & old plow Jrons

    [   ]:16:0

    Jt. an old pott & 4. paire vnshod wheels at

    [1]:06:8

    Jt. 2 yoakes one Cleauer & other Jrons for a horse Cart

    0:12:0

    Jt. 2 muskets. 2 Swords 2 bandaleers

    2:07:4

    Jt. 6. Coverlidds

    2:02:0

    Jt. 3. Ruggs

    1:04:0

    Jt one old Rugg

    0:05:0

    Jt one old Cwilt

    0:02:0

    Jt. 3 Chafe beds

    0:18:0

    Jt. 1. feather pillow & old bolsters

    0:03:0

    Jt 3 bedsteads

    0:18:0

    Jt. 1 axle tree ring & pottracks

    0:03:6

    Jt. 1 frame table & a meale trough

    0:13:

    Jt: one Seate

    0:06:8

    Jt: 2 bedsteads

    0:05:0

    Jt one halfe bushel measure

    0:03:0

    Jt 2 old Sythes, one mattock one Jron 1 plow Chaine & old axe

    0:13:0

    Jt in Poultry. 10 henns

    0:06:8

    Jt one hammer

    0:01:4

    Jt in old Sickles

    0:02:6

    Jt an old Coope

    0:02:0

    Jt one boate and grapling

    3:10:0

    Jt one Cannow

    2:00:0

    Jt 1 harrow of 50 pins then at faxons farme

    1:00:0

     

    1151:17:0

    An Jnventory of the Goods and Chattells of mr John Glover of Boston deceased prized, the 6th of the 12th 1653 at his farme in Dorchester behinde Naponset now in the occupation of Nicholas Wood, by vs. whose names are vnderwritten.

    Jmpr. The farme house, Barne out housing vpland, broken vp & unbroken vp & all meadow lands thereunto belonging

    350:00:0

    Jt. 3 yoake of Oxen; at 15l per yoke

    45:00:0

    Jt. one yoake of young oxen

    12:00:0

    Jt one old mare

    16:00:0

    Jt one halfe of a young mare 3 yeares old 8l 10s & halfe a yearling 5l both

    13:10:0

    Jt. 10 acres of Rye growing Esteemed at 40s per acre Comes to

    20:00:0

    Jt in wheate 70 bushels: at 5s per bush

    17:10:0

    Jt in Rye 30 bushels: at. 4s per bush

    6:00:0

    Jt one Cart & vnshod wheels and pins

    2:00:0

    Jt 2 paire of plow Jrons: 12s a pr both

    1:04:0

    Jt. 2 harrows 13s a pr both

    1:06:0

    Jt. 5 Chaines at 6[s] 8d per Chaine Comes to

    1:13:4

    Jt. 4 Oxe yoaks. 3s per yoke, & one pr of Copps at 2s both

    0:14:0

    Jt in Rent for 9 acres of land at 8s per acre Comes to

    3:12:0

    Jt in Rent for. 3 Cows at 20s per Cow apiece Comes to

    3:00:0

    Jt. one pr of pottracks

    0:02:0

    Jt. 3 Cowes old ones at

    12:00:0

     

    505:11:4

    An Jnventory of the Goods and Chattels of mr John Glover of Boston deceased as they were prized the 7th of the (12) 53: at his dwelling home in Boston, by vs whose names are vnderwritten.

    Jmpr. That part of the house, wherein mr Glover now dwelleth, with the proportionable part of lands & appurtenances thereunto belonging prized at

    300:00:0

    Jt. in Wearing apparrel

    17:00:0

    Jt 3 yards. of kersy. at 9s per yd 1

    1:07:0

    Jt a piece of Coloured fustian

    1:12:0

    Jt 26 yds of Cotton Cloth at 2.8d per yd Comes to

    3:09:4

    Jt 5 yds of white kersy. at 3.6d per yrd

    0:17:6

    Jt 3 yards red broad Cloth at 16s per yd

    2:08:0

    Jt 5½ yrds pennestone at 4s per yd

    1:02:0

    Jt 3 yards of gladen at 3.4d per yd

    0:10:0

    Jt in Naquary & Lynen

    10:14:6

    Jt one bed boulster & Cloathes

    7:00:0

    Jt in Some old things in the little Chamber

    1:00:0

    Jt one bedstead & feather bed, boulster, Coverlides & blanckets & pillows

    8:00:0

    Jt. one bedstead & Cloathes

    3:00:0

    Jt one wheele

    1:17:0

    Jt. one bed

    2:10:0

    Jt in muskets Swords & other armes

    4:14:0

    Jt in 2 Chaires & 4 Stooles

    2:00:0

    Jt. 1 Table Seate & Carpet

    1:08:0

    Jt one bedstead, feather bed, boulster Curtains & Coverings

    10:00:0

    Jt 6 Chaires & 2 Stooles

    1:00:0

    Jt. 7. Cuishions

    1:03:4

    Jt a Small press & Chest

    0:16:0

    Jt [in] Siluer plate

    6:06:8

    Jt. in pewter dishes 43s & other vessels

    4:03:0

    Jt. in brasse potts & other brazen, vessels

    5:04:0

    Jt in Wooden vessels of seu[er]al sorts

    1:06:0

    Jt in a Seat & Chaire & a Stoole & Small table in the kitchen

    0:68:0

    Jt. 3. Sives

    0:04:0

    Jt in Andirons & grate & other Jron things & a pr of bellows

    2:06:6

    Jt in shoos of Several Sizes

    3:02:0

    Jt in bookes English & Lattine

    4:00:0

    Jt in barly 110 bush at 5s per bush

    27:10:0

    Jt one Clock & warming pan

    3:08:0

    Jt 16 bush of wheat at 5s per bush

    4:00:0

    Jt in dry leather

    102:00:0

    Jt. 415. hides in the barke

    600:00:0

    Jt. 45 hydes in the lime at 15s per hide

    33:15:0

    Jt. 313 West Jndia hydes

    187:00:0

    Jt 15 hides in the lime

    11:05:0

    Jt 500 weight of bisket

    4:10:0

    Jt in barke

    10:00:0

    Jt. boards plancks: shingle & Sawed timber & one grindingstone

    6:00:0

    Jt in the mill & the horse

    19:00:0

    Debts oweing

    Jmpr By William Phillips at the Ship Taverne in Boston

    97:00:0

    By Goodman Coleman of Boston shoomaker

    4:00:0

    By William Robbinson for a Steere sold him by John Gill for mr Glovers vse

    4:15:0

    By mr Thomas Lake of Boston for principle forbearance & not paying in old England

    60:00:0

    By mr James Attwood

    20:00:0

    By mr Valentine Hill p[rincipa]ll & for not paying in old England

    25:00:0

    By Capt John Leveret

    3:00:0

    By William Shattock

    14:13:4

    By Joseph Jewet of Rowly

    214:19:1

    By Sampson Mason of Dorchester

    7:10:0

    By Capt Gookin to pay in England

    10:00:0

    More by Capt Gookin

    3:13:0

    By mr Holeman of Dorchester

    30:07:0

    By mr Thomas Broughton of Boston

    100:00:0

    By John Gomel

    4:00:0

    By mr Rawson

    2:00:0

     

    1604:08:11

    Jt. 4 barrels: of Porke at 4l: 10s per barrel

    18:00:0

    Jt. 1. hogshead of. Beefe

    7:00:0

    Jt. 2. hogsheads of Mackrel at 40s per hhd

    4:00:0

    Jt one presse for Cloathes

    0:10:0

    Jt in plancke & boardes

    15:00 [torn]

    Jt 5 Servants at 8l per Servant

    [torn]

    Humphry Athert[on]

    John W[iswall]

    John [Smith]

    [Various endorsements and attestations]

    See Rawson v. Glover, below, p. 472, and Rawson v. Billing, below, p. 543.]

    Timberlake Find 10li

    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 Sentencd 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 Find 5li

    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 3s mo 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 sd Childe untill the Court take further order & to give in bond with Sureties of Fifty pounds for his good behavior till the next Court of this County & then to appeare standing committed untill hee give in such bond. accordingly the sd Joseph Cowell as principall in 25li & Nehemiah Peirce & John Cowell as Sureties in £:12:10s apeice acknowledged themselves respectively bound to the Treasuror 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 behavior

    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 sd 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 misdemeanors The presentmt 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 & Liquors The presentmt falling for want of proofe The Court dismissed her.

    Hoare Find 3li

    William Hoare, being presented for affronting the Clarkes of the Markett, hee Ownd in Court that hee did resist them in taking away some of his bread; & that hee wrote that advertisemt 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 Sentencd the sd 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 & acknowledgmt the Court remitted Forty shillings of his saide fine.

    Lorin Sentencd

    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 Ownd 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 wth her The Court upon due consideracion hereof Sentencd the saide Lorin to bee severely whipped with thirty stripes & to pay fees of Court; as also to give in bond of 60li 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 sd Sparkes her delivery of the Childe shee now goeth withall standing committed untill hee performe this Sentence.

    Judkin admonishd

    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 Ownd 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 Ownd 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 agt her The Court Admonished her & Order her to pay fees of Court & prison & soe dismissed her.

    Stevens dischargd

    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 40s

    Jsaac Matthews being sent for by the Court to answer for his running away & absenting himselfe from the Service of the United Colonies. hee Ownd in Court that hee was shipped with Capt 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 Sentencd 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 Capt Mosely who not being then in Court: The Court Ordered the saide Combes to attend this Court upon theire Adjournmt on the 21th of May next which hee Engaged to doe under the pœnalty of 05li.

    Order abt 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 mr Charles Gosfrit for his paines & expence in apprehending Thomas Daniell who had stoln seuerall goods from the saide Gosfrit & others & for his conveying the sd 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 sd Gosfrit’s goods which were founde with the saide Daniell now in the hands of Thomas Peck Late Constable bee disposed of to the sd Sergeant or some others as may Satisfy the saide Sergeant’s charges with this additionall ten shillings.

    mr Oxenbridge &a complaint & Order upon it.

    Mr John Oxenbridge mr James Allen & mr Anthony Stoddard Executers to the Last will & Testament of Richard Bellingham Esqr Late Govr deceased, making theire complaint to this Court that mr Richard Wharton had unjustly molested & disquieted William Eustas tenant to the sd Executers in his possession of one of the Farmes Late the sd Governors lying at Winnisimmet formerly occupied by Nicholas Rise as tenant to the sd Governr & turned the sd Eustas his goods out of dores without colour of Law or Lawfull Authority the saide Eustas affirming upon Oath in Court that mr Wharton had dispossessed him & turned out his goods which the sd Wharton also Ownd The Court Orders that warrant issue out forthwith to the Marshall of Suffolke to deliver to the sd Eustas quiet & peaceable possession of the saide Farme house & Land thereunto belonging.

    Explanacion of Court Order abt mr Rock

    As an Explanation of the Order of the County Court in Novembr Last past respecting mr 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 mr John Coggan deceased (to which Estate hee was Administrator) 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 sd Order to bee that mr Rock reserve in his own hands two fifths parts of the saide Summe. Vizt 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 sd 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 sd Summe & mr Rock fulfilling the sd Order with this explanacion thereof is discharged from his bond for true Administration upon the sd Estate.

    [The Order will be found on p. 343, above.]

    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 sd 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 Adminfstrator 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 20s

    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 sd 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 sd Moulder being ordered to attend the Court & not appearing when called to receive his Sentence The Court declared it a contempt & Order an attachmt to issue out for his appearance upon the Adjournment which accordingly did

    Cann Find 40s

    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 Capt Mosely Commandr The sd Cann appearing Ownd in Court that hee entred himselfe with Capt 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 Sentencd him to pay Forty shillings in mony as a Fine to the County & Fees of Court standing committed untill the Sentence bee performd

    Order abt 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.

    Attachmt Ordered agt Coale

    The Court Orders an Attachmt to issue out agt George Coale for his appearance on the adjournmt of this Court. [230]

    Attachmt Ordered agt 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 Attachmt 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 sd 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 Forfitd

    John Lovell of Waymouth not appearing before the Court when called for to answer according to his bond taken by the Honord Governr of 200li himselfe & 200li 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 Forfitd

    John Jons bound over to this Court to answer according to his bond Dat. Febry 11th 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 2d to

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

    May 21th [email protected]

    The Court met according to Adjournmt

    Present

    • Jno Leverett Esqr Govr
    • Simon Bradstreet
     
    • Edw: Tyng
     
    • Wm Houghton
     
    • Major Tho: Clarke

    Combes Find 40s

    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 Capt Sammuell Mosely Commandr The saide Combes referred himselfe to the testimony of Capt Mosely; who not being then present The Court enjoined the saide Combes to appeare again upon the Adjournmt when being called Capt Mosely came in & gaue Evidence that the saide Combes was impressed by him for the aboue sd Service & did afterwards absent himselfe The Court on consideracion hereof Sentencd 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 Treasuror 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 behavior

    Dandey Fined 20s

    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 Find 5li

    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 proprietors of the saide damm make the abouesaide way suffitient & safe both for passengrs 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 Sentencd. Find 40s

    Walter Hickson bound over to this Court to answer for his keeping company & being too familiar with Mary Bedwell wife of Sammuell Bedwell & other misdemeanors & 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 Find 5li

    Mary Thorn bound over to this Court to answer for her selling strong beare & ale without Licence She Ownd 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 acknowledgmt 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 Capt Edward Hutchinson guardian to William Randall sonn of Thomas Randall of Marblehead deceased, which hee accepted of & hath given security according to Law.

    [See case of Sands v. Hutchinson, below, p. 460.]

    Roxbury Commissionrs

    The Court appointed mr John Pearpoint mr Joseph Dudly & mr Thomas Weld Commissionrs to end small causes for the Town of Roxbury for the yeare Ensuing.

    Weymo Commissionrs

    The Court appointed Capt William Torrey Lt Jno Holbrooke & Deacon Thomas Dyer Commissionrs 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 Capt 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 Capt 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 Capt 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 Capt 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 Wm 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 imprisonmt & 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 Lt William Howard of Boston deceased, there appearing noe heire The Court Settles the Estate upon the widdow & Empower her to dispose of it.

    [The inventory of this estate is in S. F. 28746.]

    Court Order abt Bourns Estate in Jno Canns hands

    Whereas John Cann of Boston tooke to keepe an Orphant by name Elisabeth Bourne & also received the sd 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 sd 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

    Capt William Hudson upon certificate from the Selectmen had his Licence renewed to keepe a house of Publique Entertainmt & to sell wine beere & brandy by retaile for the yeare ensuing: And himselfe as principall in ten pounds & Capt William Wright & Wm Kent as Sureties in five pounds apeice acknowledged themselves respectiuely bound to the Treasuror of the County of Suffolke on condicion that the saide Capt 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 Entertainmt & 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.

    Capt William Wright upon like certificate had his Licence renewed to keepe a house of publique Entertainmt & to sell wine & beere by retaile for the yeare ensuing & himselfe as principall in ten pounds & Capt Wm Hudson & Wm 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 Entertainmt & to sell wine & beere by retaile for the yeare ensuing & himselfe as principall in ten pounds & Capt 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 & Capt 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 & Capt James Oliver & James Bateman in ten pounds apeice acknowledged themselves bound to the Treasuror of this County for Rebeca Winsor on condicion as aboue. [235]

    John Keen upon Like certificate had his Licence renewd to Keepe a Cookes Shop & to sell strong beere by retail for the yeare ensuing & himselfe as principall in ten pounds & Capt Wm Hudson & Wm Kent as Sureties in five pounds apeice acknowledged themselves respectiuely bound to the Treasuror 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 entertainmt & 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 renewd to keepe a house of publique Entertainmt for the yeare ensuing & to sell strong beere by retail & himselfe as principall in ten pounds & Capt William Hudson & Capt William Wright as Sureties were alike bound as aboue.

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

    Widdow Vpshall upon Like certificate had her Licence renewed to keepe a house of publique Entertainmt & 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 abouesd.

    Francis Hudson upon Like certificate had his Licence renewd to keepe a house of publique Entertainmt & 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 abouesd.

    Sammuell Norden upon Like certificate had his Licence renewed to keepe a house of publique Entertainmt & 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 abouesd.

    William Norton upon Like certificate had his Licence renewed to keepe a house of publique Entertainmt & 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 abouesd. [236]

    Clemont Gross upon Like certificate had his Licence renewed to keepe a house of publique Entertainmt & to sell strong beere by retail for the yeare ensuing & himselfe principall in ten pounds & Capt James Oliver & William Kent as Sureties in five pounds apeice acknowledged themselves respectiuely bound to the Treasuror 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 Entertainmt & 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 senr & 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 Entertainmt & to sell strong beere & keepe a Cookes shop for the yeare ensuing & himselfe as principall in ten pounds & Jno 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 Entertainmt & 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 junr 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 senr & Lionell Wheatly as Sureties in five pounds apeice were alike bound as abouesd.

    Jane Bernard upon like certificate had her Licence renewed to keepe a house of publique Entertainmt 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 abouesd. [237]

    Lt John Smith of winnisimmet upon Like certificate had his Licence renewed to keepe a house of publique Entertainmt & to sell wine strong beere sider & strong waters by retail for the yeare ensuing provided hee keepe suitable Entertainmt according to Law & himselfe as principall in ten pounds & William Kent & Ephraim Turnor as Sureties in five pounds apeice acknowledged themselves respectiuely bound to the Treasuror 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 Entertainmt 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 ye 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 Treasurer 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 Treasuror 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 Liquors by retail for the yeare ensuing & himselfe as principall in ten pounds & Jno Morse & Jacob Fowle as Sureties in five pounds apeice acknowledged themselves respectiuely bound to the Treasuror 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 Liquors 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 Entertainmt 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 abouesd.

    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 Treasurer 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 Entertainmt 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 abouesd.

    John Jacob of Hingham upon Like certificate had his Licence renewed to keepe a house of publique Entertainment to sell wine strong beere Sider & Liquors by retail for the yeare Ensuing & himselfe principall [239] in ten pounds John Thaxter senr & John Thaxter junior as Sureties in five pounds apeice acknowledged themselves respectiuely bound to the Treasuret 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 & Capt James Oliver & Thomas More as Sureties in five pounds apeice were alike bound as aboue.

    Joshua Fisher senr 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 & Capt George Barber & John Thirston as Sureties in five pounds apeice were alike bound as abouesd.

    Jno Foster of Dorchester had his Licence renewed to distill & retail strong waters by small quantities for the yeare ensuing & himselfe as principall in 10li & Hopestill Foster junr & Ephraim Searle as Sureties in 5li apeice were bound to the Treasuror 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 22th 1674 @.

    Paine to Gibbs

    John Paine of Boston Late of Ipswich sonn of Elder Robert Paine of Ipswich personally appeared before John Leverett Esqr Governr & Edward Tyng Esqr Assist: June 29th 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 22th 1673. @.

    as Attests Isa 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 pursents 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 mr Simon Lynde one halfe part of the Catch Endeavor 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 sd halfe to Freight from Newfoundland aforesaide to Rochell &c in the Kingdom of France upon the proper Account of mr 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 pursents more fully & at lardge doth & may appeare: Now Know all men by these pursents that the sd Richard Wharton doth hereby for himselfe his Executers & administrators Covenant promiss & grant to & with the saide Benjamin Gibbs his Executers& administraters that hee the sd Richard Wharton his Executers or assignes shall & will supply the sd Benjamin Gibbs with one halfe part of whatsoever hee the sd Benjamin Gibbs shall advise to bee necessary in order to the prosecuting of the sd designe over & aboue the two hundred pounds which the sd 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 sd Benjamin Gibbs his Executors& administrators 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 sd 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 Executorsor assignes by reason of the abouenamed undertakings: And further to allow besides halfe the passadge & ordinary expences of Benjamin Allen Servant to the sd 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 sd Benjamin Gibbs his heires Executors administrators 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 Executors & administrators 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 sd 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 Executors& administrators & 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 pursent writings interchangeably theire hands & Seales have set the ninth day of October in the yeare of or Lord One Thousand Six hundred Seventy & three.

    Richd Wharton (a seal)

    Signed Sealed & Deliurd in the pursence of us

    Benjamin Allen

    John Cobbit

    John Hayward

    Benjamin Allen John Cobbit & John Hayward did appeare before us the 23th 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 Govr

    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 Esqr Govr & Simon Bradstreet Esqr Assist. July: 20th 1674 & acknowledged a judgment against herselfe & Estate to mr Jno 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 25th of July: 1672.

    as Attests Isa Addington Cler

    Execucion issued July 24: 1674 [242]

    [Wharton’s Order]

    October: 23: 1673.

    Mr Gibbs:

    Sr J will pay you fifty five pounds in mony for mr Mellot

    Yors to serve yo

    Richd Wharton

    Endorsed

    Augustine Melot aged about 22 yeares Sworn saith that by virtue of the within written order from mr Richard Wharton, hee hath received of mr Benjamin Gibbs full Satisfaction for the Summe therein specified, part in hand & part by judgment acknowledged on the day of the date hereof July: 23: 1674.

    Before us John Leverett Govr

    Edward Tyng Assist.

    Gibbs to Melot

    Mr Benjamin Gibbs personally appeared before Jno Leverett Esqr Govr& Edward Tyng Esqr Assist July 23th 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 sd Gibbs upon his Servant Benjn Allen bearing date Octobr 24th 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

    Isa Addington Cler.

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

    Isa Addington Cler

    Savages Evidence

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

    Taken upon Oath: July: 25th 1674

    Before us John Leverett Govr

    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 mr Richard Wharton gave mee instructions for the drawing of bonds for arbitracion betwixt the saide Richard Wharton & Thomas Bendish as Factors or agents to Hillery Renew & Company: and mr Benjamin Gibbs for the ending of all differencyes relating to the Loading of the Ship called the Exchange of Hull mr John Bywater mastr at Newfoundland; also bonds for Arbitracion between Augustine Mellot factor for John Baily of Rochell and the saide mr Benjamin Gibbs relating to the hire of the Catch Endeavor (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 mr 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 sd 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 mr Gibbs saide why should J bee bound who am now free: and mr 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 mr 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 sd Gibbs agreed that the sd bonds should bee drawn and J this deponent did draw the sd bonds according to instructions & deliuered them to mr Gibbs & farther saith not.

    Taken upon Oath July: 25th 1674 @

    Before us John Leverett Govr

    Edward Tyng Assist.

    [Evidence about Mead and Alcock]

    Wee whose names are underwritten, having been acquainted with the contests between mr Richard Mead of Roxbury & mr Samuel Alcock of Boston concerning the house & Lands of mr 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 wth the saide Richard Mead & Samuel Alcock, saw & heard the sd Richard Mead give unto the saide Samuel Alcock full & peaceable possession of the abouementiond Tenement & all its appurtenances by turffe & twigg with deliuery also of the key of the sd house for him ye sd Samuel Alcock & his heires proper use & behoofe forever as witness or hands this third day of March in the yeare of or Lord 167¾.

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

    Daniel Denison

    Samuel Danforth sen

    Richard Russell

    Daniel Bruer

     

    George Alcock [244]