At a County Court held at Boston, July 28th 1674 @

    Present

    • Jno Leverett Esqr Govr
    • Simon Bradstreet
     
    • Edward Tyng
     
    • Wm Stoughton

    Grandjury Sworn

    • Capta Samll Scarlett
    • Edmund Quinsey
    • Jno Levit
    • Jno Bateman
    • Henry Chamberlin
    • Edmund Hobart
    • Edw: Cowell
    • Peter Woodward
    • Wm Pond
    • Moses Paine
    • Nathanll Whiting
    • Wm Weekes
    • Edmund Bridge
    • Jno Whitmash
    • Geo. Sumner
    • Jno Ruggles
    • Jno Plimpton
     

    Jury of Tryalls Sworn

    • mr Timo Dwight
    • Joshua Lamb
    • Nathanll Beale
    • Samll Legg
    • Ri: Thayre senr
    • Isaac Riall
    • Jer: Dummer
    • Wm Chard
    • Jno Tolman
    • Samll Crafts
    • Jno Turner
    • Walter Mory

    Arthur Mason added the 4th day in roome of Joshua Lamb

    [Bellingham’s Executors v. Chamberlin]

    Mr John Oxenbridge mr James Allen & mr Anthony Stoddard Trustees & Executors to the Last will & Testament of Richard Bellingham Esqr deceased Plaint. agt Edmund Chamberlin of Maulden Defendt in an action of debt for non paiment of six pounds in mony in Decembr Last for rent of Marsh Let by them to the saide Chamberlain with all due damages according to Attachmt Dat: 25. of June. 1674. The Attachmt being read the Defendt owned the complaint exhibited therein; the case being committed to the Jury; they brought in theire verdict & founde for the plaintiffes six pounds in mony & costs of Court being Fourteen Shillings & four pence.

    Execucion issued: 7br 29: 74.

    [Jones v. Crispe]

    John Jones Plaint. agt Zechariah Crispe Defendt in an action of the case for breach of promiss which is to the sd Jones his damage, the sd Jones being engaged for the saide Zechariah Crispe for maintenance of a Childe; which was Laide to the sd Crispe & all due damages according to Attachmt Dat: June: 18th 1674. . . . The Jury . . . founde for the plaintiffe Fifty shillings in mony & costs of Court: The Defendt appealed from this judgment to the next Court of Assistants & himselfe principall in five pounds & John Taylor & Simeon Messengr as Sureties in Fifty shillings apeice acknowledged themselves respectiuely bound to . . . prosecute his appeal . . .

    [The Laws and Liberties of Massachusetts are not quoted correctly in Crisp’s Reasons of Appeal (S. F. 1324.3), which follow:

    To the Honorable the Governr & Magisrts now Assembled in Court Zachariah Crisp his reasons of Appeal from the Judgment of A County Court held in Boston July the 28: 1674 in A Case where in he was defendant to Answer John Jones plaintif

    First Because J am sued for breach of promis but not said whether my promis or the plaintifs or Any other mans nor to whom the said promis was maid; which rendered me not Capable to fitt myself for Any Answer. Contrary (as J humby Conceue) to the true meaning and intent of that Law Title Attechments or summons pg: 7: sec: 2 which saith the Cause of Action shall be breifly mentioned in the Attachment by which word breifly must be soe mentioned as to prouide for an answer by A promis not spetifying what J Could not prouide proof of performance which J Conceue was ground of A Nonsuit.

    2ly The said premisses is not at all proued whether J euer made him the now defendant any promis nor euer did and therefore Could not break any; and the breach is as little proued as the makeing of any soe that indeed there is noe part of the Cause of Action proued that J know of; yet J am Cast to paye fifty Shillings wherefore J Appealed to this Court to be releiued.

    3ly Jt is true that there appeareth a paper subscribed James Stiuens by him self or sum other which sayeth hee receued fifty shillings but if he receued it vpon the Concideration of leting fall an Action or other wise what doth that bind me to repaye fifty shillings which J neuer promised nor is yet Any way prooued And alsoe the sole Euidence in the Case (to wit) Returne Waytes oath which he did swear too was that he saw fifty shillings payed without Any more Adition as he doth Aferm and to that the Clarcke haith added all the rest which is false and untrue for the said Steuens haith not nor Euer had Any doughter of Age to haue A Child and thereby his doughter is slandered with the Clarcks fals additions to the oath as J humbly Conceue (or by Returne Waytes fals oath; Now by which fals proofe J am Cast though that neither proofeth any promise made and brocken by mee to the dammage of John Jones yet am J Cast wherefore J appealed to Cum to this Honred Court for releefe

    Zachariah Crisp:

    These Reasons were received August. 26th 1674: per Jsa Addington Cler

    S. F. 1324.4

    John Joans his answer to Zac[ri]ah Crisps Reasons of appeale from the Judgnent of a County Coartt held in Boston July 28 1674

    The apelantts first reason siemeth to plead for a nonsute grounded upon his euposision of an eror in the atachmentt and so taketh upon him the power of the honered genarall Coartt to explaine and giue to this honerd Coartt as hee saith the true intent and meaning of the law tit[le] ataehments which high presumtion i humbly desire this honered Coart will consider: and if hee would haue plead a nonsute that should haue bin don in the proper season of it viz before the cace was comited to the furst Jury but being nou to late I need not troble this honored Coartt with many words about it

    2ly whear as hee saith in his 2 reason no promis of his proued theirfore nou breake: to that I answer that him selfe denieth it not and silenc is taken for a consentt besids Justes and reason will say that by hauing paied fifty shilings in mony for him upon his reques and desire hee being in a great straite for the present and nesesery suport and releife of his deeare Child as will apeare by the copy of an atachment serued on me by James Steuens as i was surty for the apelant Conserning the premises and also return waits oath all which euedenc is now in coartt in this cace: i say i humbly conceiue that Justes and reason will Cause him to repay mee my money again which the honered County Coart has Justly and leagaly granted mee and yett hee like a trobelson person appealleth puting mee and him selfe to nedles troble

    3ly where as the appelant saith that [in] his 3 reason so caled but as i humbly conseiue rather an an acusation or exclaimation against the honred County coartt and Jury expresly contrary to the law titled apeales page the 4 sex the 2 which directeth and comandeth all persons apealing shall briefly in writing with out reflecting on coartt or parties by prouoking langidg: which i humbly conceiue hee hath absolutly broakne for he saith that hee was cast only by a paper subscribed James steuen by him selfe or som other and returne waits false oath or the Clarks false adition to it: what an horable and high reflection and contempt of authority is this i humbly intreat this honered Coart and Jury to Consider and Judg and also the honesty and equity of my cause and hou he goeth about by strange and false exclamations in his 3 and last reason to diuirtt the honistie of my good Cause wheirfor i shall make bould to leaue all to the considration of this honered Coart and Jury and subscribe my selfe your honours moste humble seruant

    John Joanes

    The Appeal was heard by the Court of Assistants when the Jury found this very special verdict (S. F. 1324.5):

    Jn the Case of Zachariah Crisp plaintiff against John Joanes defendant: the Jury finde A speciall verdite: that Jn Case the testemony of Retturne Way[torn] steuenses Reseipt & John Joanes Afirmation be Suffisient Euidence according to [torn] to proue A promis: then we finde for the defendant Confirmation of the form[er] Judgment & Cost of Courts if not we finde for the plantiff Reuertion of the fo[rmer] Judgment & Cost of Courts

    Rich [Knight] F[ore]man

    The magistrates, “on pervsall of this virdict they declard for the deffendant & costs of courts.” Records of the Court of Assistants, i. 18.]

    Davie agt Noys

    Mr Humphry Davie Plaint. agt John Noyes Defendt in an action of the case for witholding the Summe of thirty eight pounds in mony remaining unpaide of Seventy six pounds; which hee received of the Executers or administratersof Sammuell Haugh deceased upon expiration of & according to a Lease of a house & ground in Boston made by the sd Haugh to Peter Oliver his heires Executors &c for twenty one yeares; who assigned the same to John Witherden his heires & assignes & the sd Witherden by Deed hath made over the same to sd Davie as by the same may appeare with all due damages according to Attachmt Dat. July. 14th 1674. . . . The Jury . . . founde for the Defendt costs of Court. [245]

    Sands agt Hutchinson

    John Sands Plaint. agt Capt Edward Hutchinson Defendt in an action of trespass of forty five shillings or thereabout for pulling down his fence in may last & cutting it in peeces whereby the plaintiffe hath likewise lost the emprouemt of his land to the plaintiffes great damage according to Attachmt Dat: July: 9th 1674. . . . The Jury brought in theire Verdict; which was Jf an Extention of an Execucion by Court Order without a Return & Record of the same with the Marshalls Oath that it was done bee a good title to the land wee finde for the Plaint. if not wee finde for the Defendant costs of Court. The Magistrates declare for the Defendt costs of Court: The Plaint. appealed from this judgment to the next Court of Assistants & the sd Jno Sands as principall in five pounds & Samll Legg & James Meares as Sureties in Fifty shillings apeice acknowledged themselues respectiuely bound to the Treasuror of the County of Suffolke & party concerned on condicion that the sd Jno Sands shall prosecute his appeal from the judgement of this Court at the next Court of Assistants to Effect.

    [The Court of Assistants (Records, i. 17) reversed the judgment of the lower court, and found 42s damages and 4l 14s 6d costs. Hutchinson, after falling foul of Sands (see Hutchinson v. Sands, p. 470, below), petitioned the Assistants (S. F. 26630):

    To ye much Honrd Court of Assistants now Siting

    The humble petition of Edward Hutchinson

    Humbly prays this honrd Court to consider ye following perteculers in Answer to John Sands his complaint to this Court.

    first Edward Hutchinson though sued in person by John Sands yet it was for what he did as Guardian to William Randall, & neuer Joyned Jssue as Edward Hutchinson but as Guardian to Randall & yrfore in ye first place prodused ye Courts order & ye caise & person being vnderstood ye Action proseded.

    2ly The appeale was onely from ye Bench in point of Law, & therefore was onely to be tryed by ye Bench, & not by Jury (as i humbly conceiue) & at yt time pleaded, wch had ye Bench issued ye caise no such cost or damage could ever haue arisen. (Tit Appeal. 5. 1. p. 3.)

    3ly Hutchinson had he recouerd had not bene benefited in his estaite & therefore his estaite not to be damnefied

    4ly for any thinge J know ye caise is still depending in ye General Court, Hutchinson haueing petitioned them for a hearing wch was granted by ye Deputys, & he humbly hopes ye magestraits will not deny it, howeuer wil take some corse for his iust releife. many other considerations there are wch this honrd Court he hopes will Consider seriusly of. & therefore humbly prays this Honrd Court will at least Respit Execution, vntill ye Genrll Court yt he may know there minde there in, wh[om[he hopes will grant releife in so iust a caise as he apprehends. & yor petitioner shall pray as in duty bound.

    [Endorsed:] Capt Hutchinsons petition

    In answer to this petition, the execution against Hutchinson was respited until 15 May 1675. Records of Court of Assistants, i. 32.]

    Jones agt Nowell

    John Jones Plaint. agt George Nowell Defendant in an action of the case for selling & delivering a parcell of blacksmiths tooles of his the sd Jones as namely a lardge paire of bellows Anvill vice tongs Sledges hammers Buttres files & others to the damage of the plaintiffe fiveteen pounds in mony or thereabouts & all other due damages according to Attachmt Dat. the 18th day of May: 1674

    . . . . The Jury . . . founde for the Defendant costs of Court.

    Shrimpton agt Greenough

    Sammuell Shrimpton Plaint. agt William Greenough Defendant sometime mar of the Ship Blessing of Boston according to Attachmt Dated July: 22th 1674. The Plaint. withdrew his action.

    holman agt holman

    John Holman eldest Sonn of John Holman senr deceased Plaint. agt Thomas Holman Defendt in an action of the case for that the sd Tho: Holman witholdeth from or not deliuers to him the sd Jno Holman his due proporcion of the houses & lands goods or Estate that sometime was the Estate of & did pertaine to the sd Jno Holman senr deceased (& now is in hands custody possession or occupation of sd Tho: Holman of Milton) as hee is the eldest sonn of him the sd Jno Holman deceased being a double portion according as the Lawes doe allow & direct, for the want whereof [246] The sd Holman plaintife is damnified at leaste two hundred pounds sterling with other due damages according to Attachment Dat July: 22th 1674. . . . The Jury . . . founde for the Defendant costs of Court.

    Saffin Attourny to Ashton agt Gibbs

    John Saffin Attourny to Henry Ashton Plaint. agt Benjn Gibbs Defendt in an action of Reveiw according to Attachmt Dat: July: 18th 1674. The Accion being called both plaintife & Defendt appeared: The Defendt moved for a Nonsuite for that the Accion had been tryed at a former Court & judgmt granted him. The Court declared the Plaint. could not reveiw according to Law & therefore granted a NonSuite, the parties afterwards joined issue by consent; but the Plaint. not producing full power to prosecute this accion & the Defendt not allowing of the power hee had the accion fell & the Court granted the Defendt costs of Court.

    [Apparently the Court was weary of the Ketch Recovery.]

    Dowell agt Warren

    James Dowell Plaint. agt Humphry Warren (who married mrs Elizabeth Downe the relict of mr Edmund Downe deceased) Defendt in an action of the case for detaining or not paying the sd Dowell the summe of Seventy pounds or thereabout in mony due for wages unto him the sd Dowell & to two of his Seamen for Service done in the Catch Begining in the yeare 1671 from Boston to Cape Sables & from thence to Fiall & from thence to Traceras & from thence to London in old England with all just interest & other due damages according to Attachmt Dat: July: 23th 1674. . . . The Jury . . . founde for the Defendant costs of Court.

    Greenough agt Shrimpton

    William Greenough senr Plaint. agt Sammuell Shrimpton Defendt according to Attachmt Dat: July: 18th 1674. The plaint. withdrew his accion.

    Wharton &a agt Gibbs

    Richard Wharton & Thomas Bendish Factors agents or Attournys to Hillery Renew & Company Merchants plaints agt Benjamin Gibbs Defendt according to Attachmt Dat: July: 22th 1674. The plaints withdrew theire Accion.

    [For this and the next three cases, and the first three on p. 464, see the lengthy Gibbs & Wharton Covenant, and Hayward’s Evidence, pp. 451–3, 454–6, above.]

    Mellote agt Gibbs

    Augustine Mellote Factor agent or Attourny to Jno Bayly Merchant plaint. agt Benja Gibbs Defendant according to Attachmt Dat: July: 23th 1674 the plaint. withdrew his Accion.

    Wharton agt Gibbs

    Richard Wharton plaint. agt Benjn Gibbs Defentt according to Attachmt Dat: July: 20th 1674. The plaint. withdrew his accion. [247]

    Wharton agt Gibbs

    Richard Wharton plaint. agt Benjn Gibbs Defendant according to Attachmt Dat: July: 22th 1674: The plaint. withdrew his accion.

    William Parke &a agt Morrise

    Deacon William Parke mr Joseph Dudley & Thomas Weld John Bowles Deacon Giles Payson & Robert Williams Feoffees of the Freeschoole of Roxbury plaints agt Edward Morrise senr Defendant in an action of the case for witholding & not delivering up unto the saide Feoffees a certain part of the Estate of the Late mr Thomas Bell of London consisting in household stuffe & movable goods nor a just Account of them supposed to amount unto the Summe of twenty pounds, perticularly a paire of good shod wheeles plowes plow Jrons, bedding & other implements of husbandry & house keeping given by the sd Thomas Bell unto the schoole of Roxbury aforesaide, of which sd schoole & the Estate thereof the abouenamed persons are Feoffees in trust, together with all due damages as shall then & there bee made appeare according to Attachmt Dat: 22.5.74. . . . The Jury . . . founde for the plaints all the goods in the Defendants hand relating to the Freeschool aforesd to bee deliuered to the plaintiffs aforesd the Defendant purging himselfe by his Oath & paying costs of Court in the pœnall Summe of thirty pounds in mony.

    Gibbs agt Wharton

    Benjamin Gibbs Plaint. agt Richard Wharton Defendant according to Attachmt Dat. July: 21th 1674. The plaintiffe withdrew his Accion.

    Gibbs agt Wharton

    Benjamin Gibbs Plaint. agt Richard Wharton Defendant according to Attachmt Dat. July: 22th 1674. The plaintiffe withdrew his Accion.

    Gibbs agt Wharton &a

    Benjamin Gibbs Plaint. agt Richard Wharton & Tho: Bendish or either of them Defendants according to Attachmt Dat. July 23th 1674: The Plaint. withdrew his Accion.

    Gibbs agt Bonner &a

    Benjamin Gibbs Plaint. agt Jno Bonner & James Everill or either of them Defendants in an accion of the case for breach or nonperformance of theire bonds or Jngagemts in one hundred pounds aps jointly & seuerally entred at a County Court held at Boston. 29th October. 1672. by theire not performing of an Award or Awards under the hands & seales of mr Jno Joyliffe mr Peter Lidget & mr Tho: Deane bearing date the 20th day January. 1672. relating to the aforesd bond concerning severall differences between saide Bonner & one Henry Ashton & Jno Ireland with other due damages according to Attachmt Dat: July: 1. [email protected] [248] . . . the Jury . . . found for the Defendant costs of Court The plaintife appealed from this Judgment to the next Court of Assistants & the sd Benja Gibbs as principall in five pounds & Joseph Rock & Nicholas Paige as Sureties in Fifty shillings apeice acknowledged themselues respectiuely bound to the Treasuror of the County of Suffolke & partys concerned on condicion that the sd Benjamin Gibbs shall prosecute his Appeal from the judgment of this Court at the next Court of Assistants to Effect.

    [See note under next case.]

    Gibbs agt Bonner &a

    Benjamin Gibbs Plaint. agt John Bonner James Everill or either of them Defendants in an action of reveiw of an action of the case commenced by sd Bonner agt sd Gibbs & Henry Lawton for breach or nonperformance of theire bonds or ingagements in one hundred pounds aps bound jointly & seuerally at a County Court held at Boston the 29th October. 1672. by theire not performing an Award under the hands & Seales of mr Jno Joyliffe & mr Peter Ledget & mr Tho: Deane bearing date January. 20th 72. relating thereunto; with other due damages & prosecuted to Effect at a Court of Assistants sitting in Boston on theire Adjournmt October. 30th 73. with other due damages according to Attachmt Dat: July: 2d 1674. . . . The Jury. . . . founde for the Defendants costs of Court: The plaintife appealed from this judgment to the next Court of Assistants & the sd Benja Gibbs as principall in five pounds & Joseph Rock & Nicholas Paige as Sureties in Fifty shillings apeice acknowledged themselues respectiuely bound to the Treasuror of the County of Suffolke & partys concerned on condicion that the sd Benjamin Gibbs should prosecute his Appeal from the judgment of this Court at the next Court of Assistants to Effect.

    [The Court of Assistants (Records, i. 17) found again for the defendant, with 34s 8d costs.]

    Gibbs agt Lawton

    Benjamin Gibbs Plaint. agt Henry Lawton Defendt in an accion of the case for refuseing to pay the one halfe of One hundred pounds in mony recovered agt him the sd Gibbs by Jno Bonner as bound jointly & seuerally with sd Lawton in a bond of Arbitration entred in Court respecting one Henry Ashton and Jno Jreland with other due damages according to Attachment: Dat: 21th day of July 1674. . . . The Jury . . . founde for the plaint. Fifty pounds in mony & costs of Court 34s.

    Execucion issued Augo 24: 1674 [249]

    [This is the last of the Ketch Recovery cases, but the testimony of Hebert and Savage, below, p. 495, belongs to this controversy.]

    Evans agt Noyes

    William Evans Plaint. agt John Noyes Defendant in an accion of the case for detaining the Summe of Forty pounds or thereabouts in mony due to the saide Evans by Covenant upon the expiration of a Lease of an house sometime belonging to John Witherden the moity or halfe of which house the saide Evans purchased & paide for & was to bee repaide by the Now possessors at the expiration of the saide Lease; with other due damages according to Attachmt Dat. June 19th 1674. . . . The Jury . . . founde for the Plaint. thirty eight pounds mony & costs of Court. William Evans personally appeared in the Office July 31th 1674 & acknowledged hee had received of John Noyse full Satisfaction for this Judgment.

    Stoddard agt Rock

    mr Anthony Stoddard guardian to Tho: Robbinson plaint. agt Joseph Rock that was administrator to the Estate of mr John Coggan & mistris Martha Coggan Executrix to the Last will & testament of mr John Coggan deceased Defendant in an action of the case for refuseing to pay unto him the saide Guardian the Summe of Sixty nine pounds Fourteen shillings & eight pence mony; which is a fift part of what remaines in his hands as Administrator; as also a fift part of what Rents hee hath received since the date of his Account according to an order of Court; as by the same may more fully appeare with all due damages according to Attachmt Dat: July: 22th 1674. . . . The Jury . . . finde; Jf the will bee according to the Explanation of the County Court then wee finde for the Plaint. Sixty nine pound fourteen shillings & eight pence & costs of Court; if not wee finde for the Defendant costs of Court. The Magistrates finde for the plaint. Sixty pounds & costs of Court: The Defendt appealed from this Judgment to the next Court of Assistants & the sd Joseph Rock as principall in One Hundred & twenty pounds & James Brading & Jno Noyes as Sureties in Sixty pounds apeice acknowledged themselues respectiuely bound to . . . prosecute his Appeal . . .

    [For the beginning of this protracted litigation, see p. 109. A concise summary of the dispute is found in Stoddard’s answer to Rock’s reasons of appeal (S. F. 1327.9):

    mrs Cogg[in] being Executrix to mr Coggin his Will she dying ye whole estate fell to Caleb Coggin yr sonn who also dying in his nonage. by ye expresse termes of the said mr Coggins Will is giuen a fift part to mrs Rock during her life, and ye rest to mr Robbinsons Children. The Eldest sonn of whom i am Gardian to. mr Rock after ye desease of mrs Coggin had Administration granted him The Court finding by his Account soe much resting in his hand more then he had disburssed order him as is expressed in yr order now in Court The wch he refusing to pay i sued him ye last Court and obtaned a judgment from wch he Apealed . . . .

    Rock’s lengthy reasons of appeal are in S. F. 1327.7. They run in part as follows:

    Joseph Rocks Reasons of Appeale from the Judgmt of the County Court held at Boston July 28th 1674 in the Case of Mr Anthony Stodder Guardian plt & Joseph Rock Defendant as Followeth.

    first That Mr Stodder haue wronge Stated this Action in Severall respects & Sues the Appealant Elegaly, first in that he had Sued the sd Rock Joyntly wth Dacon Parks & Mr Bartholomew all as Guardians to Mr Robbinsons Children in wch was included this very Case & matter at A County Court held in Aprill 1673 in Boston as by the Courts Judgment No 1: may appeare which Court he & they Sued for the ballance of this very accompt or Some he now Sues for & Sayth in the Attachmt nor payd the ballance wch by his accompt he makes due in which ballance is this matter that he now Sues for Apart of as a Guardian by himSelfe & leaves out Mr Bartholomew & Parks which is all the difference for Substance & at the Court aforesd the Jury found for Rock against all the Guardians; And Mr Stodder ought by Law & reason to haue Sued uppon A Review of the aforesd Judgment or verdict if hee had not liked it & not to Sue me in a new & other Action for the Same thing which is altogether Contrary to the direction of the Law and Custome, And Secondly in another respect he Sues me wrong in that the words of his Attachment No 2 July Court last in this Case he Sues me as Joseph Rock that was Administrator to Mr John Coggens Estate, in which Capasity or denomination J am not Capable to be Sued; uppon this Action, for that the Law Title Attatchments Sextion 3: doe Say that all men must Specif ye in the prosses positiue the name Capasity or denomination any man there Stands in when Sues as Executor Administrator or Atturney or Guardian & not that was Executor Administrator or Guardian & this by lawe reason & vndeniable Consequence is Jntended both for Plaintiffe & Defendant to be termed & Specified for name or title in the prosses or Else a man may as well Sue another & Say beinge Plaintiffe Atturney Assignee or Administrator that was Requiers you to Answer his Complaint; And Soe am J Sued & J haue pleaded against it in all Courts as Elegall but Still over ruled Soe that J am become an out Lawed Administrator wthout any Legall proceedings to make me Soe, as J Conceive, and only Capable to be Sued & to pay as an Administrator but not to Sue nor Receive as Administrator: And if Mr Stodder had Sayd in his prosses Joseph Rock noe Administrator he had Spoke plainly & not Equivocated, for its all one to Say Joseph Rock noe Administrator & that he was Administrator for it intends & Jmployes one & the Same thing in all Respects taken; And that J am an Administrator all the Courts orders Explanations & Judgments doe fully manifest & Confirme me in these words Saying that if Joseph Rock Shall pay Such Summes to the Guardians & fulfill the Courts orders he is discharged from his Administration, Elce not, And he hath not done it, therfore is not discharged, but Still remaines as full & Legall Administrator as Ever, and ought to be Soe sued, & to Sue, or noe Action to Stand good for or against the Apelant Concerning the aforesaid Estate, if he may haue the benefitt of the Law which he humbly desires & hopes for, And further the Apelant was Sued by the aforesd Gardians in January Court 167⅔ for a Just & true accompt of Said Coggens Estate & the Appellant did performe it & delivered it to the Guardians in Court & it was Received & approved of by the Court and Jury wth the ballance being about two hundred Sixty nine pounds Eighteene Shillings as by the order of an Adiourned Courte November 1673: as to prove the ballance & per Judgment of Aprill Court 1673 to prove my accompt Just & Allowed of by Juryes Verdict and Courts Judgment finding for me Cost of Court, . . . . thus hoping this honoured Court & Gentlemen of the Jury will Easily See in reason & nature that a Mother & Children Cannot Stand a like of kindred to any person in the world, and much lesse a Sister & Sisters Children as my Case is now by my wife, and where one Law & practise will not Allow of heirShip it hath vsually allowed of the nearest of kindred in the place of it, to posses & Enioy & I hope my Case will find the Same favour & Justice from my Judges to whose Serious Consideration I Commit All the prmisses desiring the Lord to direct you therin & Subscribe my Selfe

    Yor most humble Servant

    Joseph Rock

    In his reply (S. F. 1327.9), Stoddard justly charges Rock with prolixity, and declares: “In his Copious writting there is soe many impertinances and mistakes that vnlesse I should be Misled by him into the like error I forbeare to make a particular answere yrto. . . .” Accordingly, he contents himself with the summary of the case already quoted above. The Court of Assistants, upon appeal (Records, i. 17), reversed the former judgment and awarded costs to Rock. His bills of cost are in S. F. 1327.8,10. But Rock was in Court again at the July session. See below, pp. 493–4.]

    Davis agt Legg

    Thomas Davis Assignee of Joseph Townsend plaint. agt Samll Legg Defendant in an action of the case for breach or nonperformance of a bill of Loading bearing date the 26th of June: 1671. by the sd Leggs not deliuering a horse & three [250] tight hogsheads according to the contents of sd bill of Lading nor given or delivered a just & true Account with the produce of the saide horse & caske & due interest or forbearance of the mony or pay all which is to the saide Davis his damage to the value of Sixteen pounds in mony with other due damages according to Attachmt Dat: July: 18th 1674: . . . The Jury . . . founde for the plaint. the ballance of the Defendants accot viz: 950li of neate good Muscovado Sugar here in caske & costs of Court being twenty shillings & six pence.

    Execucion issued August: 10th 1674.

    [See Legg v. Davis, below, p. 504.]

    Phillips agt Cowell

    Henry Phillips plaint. agt Joseph Cowell Defendt according to Attachmt Dat: July: 16th 1674. The plaint. withdrew his Accion upon the Defendants acknowledgmt of a Judgment.

    Prosser agt Hudson

    Roger Prosser plaint. agst Capt William Hudson Defendant according to Attachmt Dat: July 21th 1674. The plaint. withdrew his Accion.

    Hanniford agst Hambleton

    Abigail Hanniford plaint. agst Alice Hambleton widdow & relict of William Hambleton late of Boston deceased Defendt according to Attachmt Dat. July: 23th 1674: The plaint. withdrew her Accion.

    Ball agt Rigbee

    Francis Ball plaint. agst Samll Rigbee Defendt according to Attachmt Dat. may 9th 1674. The plaint. withdrew his accion.

    Pool &a against Clemonts

    Joseph Pool & John Read plaints agst Augustin Clemonts Defendt according to Attachmt Dat: July: 21th 1674. The plaints withdrew theire Accion.

    Leverett agt Halsall

    Hudson Leverett assigne of Capt William Hudson plaint. agt George Halsall Defendant for non paiment of Seventeen pounds & nine pence due by bill bearing date the 17th day of March. 1657. or 58. with interest & all other due damages according to Attachmt Dat: May. 13th 1674. . . . The Jury . . . founde for the plaint. twenty three pounds currant pay & costs of Court being: £2:0:6

    Execucion issued Augo 14th 1674.

    Hudson agt Prosser

    Capt William Hudson plaint. agt Roger Prosser Defendant according to Attachmt Dat. July: 21th 1674. The plaintife withdrew his Accion.

    Hudson agt Prosser

    Capt William Hudson plaint. agt Roger Prosser Defendt according to Attachmt Dat. July: 21th 1674. The plaintife withdrew his Accion.

    Nanney agt Robey

    Katharin Nanney Executrix to her husband Robert Nanney deceased plaint. agt Henry Robey who married the widdow & Executrix of Jno Garland Defendt according to Attachmt Dat July: 10th 1674. The plaint. withdrew her accion. [251]

    Hutchinson agt Sands

    Capt Edward Hutchinson plaint. agt John Sands Defendant for violently strikeing of him, which occasioned his Arme to swell & put him to much paine according to Attachmt Dated July 16: 1674. . . . The Jury . . . finde that the Defendt hath broken the peace: & declared they Leaue the Judgment of damages to the bench: The Magistrates finde for the plaintiffe Forty shillings in mony & costs of Court.

    [See Sands v. Hutchinson p. 460, above.]

    Hutchinson agst Webb

    Eliakim Hutchinson plaint. agst Thomas Webb & William Hamlen or either of them Defendts according to Attachmt Dat. July: 23o: 1674. This Accion was continued by consent of partys & allowance of the Court till the next County Court in case they cannot agree in the meane time.

    Gibbs agt Gatchell

    Robert Gibbs plaint. agt Sammuel Gatchell Defendt in an action of debt of six pounds three shillings & two pence in mony due by bill with all due damages according to Attachment Dated June. 16o 1674. . . . The Jury . . . founde for the plaint. six pounds three shillings & two pence in mony & costs of Court being 30s 6d

    Chadwick agt Manning

    John Chadwick of Maiden plaint. agst Anne Manning Executrix of the Last will & Testament of mr Richard Parker Late of Boston deceased Defendt in an accion of the case for that the sd Richard Parker did about Seventeen yeares since receive from the sd Chadwick Sixteen pounds sterling for the use of mr Nicholas Parker & under pretence of being his Attourny & seuerall yeares after did giue mee under his hand to defend mee from the claime of any under the saide Nicholas Parker but hath not performed the saide ingagement for as much as the saide Chadwick hath been forced to pay the saide Summe of Sixteen pounds with the interest thereof for sixteen yeares since to Jonathan Parker & yet am not salved per the saide Richard Parker or his Executors whereby J am greatly wronged & damnified to the value of about thirty pounds; with other due damages according to Attachmt Dat: July: 21th 1674 . . . the Jury . . . founde for the plaint. Nineteen pounds ten shillings in mony & costs of Court.

    Bishop agst Wharton

    Samuel Bishop plaint. agst Richard Wharton Defendant in an action of the case for witholding the Summe of Forty six pounds or thereabouts due for the hire of the Catch [252] Hopewell; however for the Freight of Forty hogsheads of Tobacco & five pounds four shillings for demurrage all which amounting to the value of Fifty one pounds four shillings as appeares by Agreement or Charterparty & all other due damages according to Attachmt Dat. July. 14th 1674. . . . The Jury . . . founde for the Defendt costs of Court.

    Jones agt Neylor

    John Jones plaint. agst Edward Naylor Defendant in an accion of the case in that the foresaide Naylor hath forewarned Goodman Matson the Keeper of the prison of Boston to Entertaine the foresaide Jones or to Employ him in any worke or Service in his trade as to a Smith or other wayes; which is to the plaintiffes damage twenty five pound in mony & all other due damages according to Attachmt Dat July. 23 1674: . . . The Jury . . . founde for the Defendant costs of Court.

    Savage agt Hathorn

    Capt Thomas Savage plaint. agst John Hathorn of Lynn Defendt in an action of debt to the value of Fourteen pounds being the remainder of twenty eight pounds due by bill & due damages according to Attachmt Dat. July. 22: 1674. . . . The Jury . . . founde for the plaintife twenty pounds four shillings & eleven pence in mony & costs of Court being twenty six shillings & ten pence.

    Execucion issued Augo 14: 1674.

    Savage agt Hathorn

    Capt Thomas Savage plaint. against John Hathorn of Lynn Defendt in an action of debt to the value of twelue pound two shillings & six pence as the remainder of the Summe of Forty pound twelue shillings & 6d due by bill & due damages according to Attachmt Dat. July: 22: 1674. . . . The Jury . . . founde for the plaintife Eighteen pounds two shillings & six pence in mony & costs of Court being twenty six shillings & six pence.

    Execucion issued Augo 14: 1674.

    Baker agt Stoodlee

    Nathaniell Baker of Hingham plaint. agt Joseph Stoodlee Cooper according to Attachmt Dat: May: 14th 1674.

    The plaint withdrew his accion.

    Rawson agt Glover &a

    William Rawson (that married Anne the sole daughter of Nathaniell Glover deceased & Mary his wife) plaint. against Habakkuk Glover & John Gurnell (as they are appointed guardians to the Children of the saide Glover by the County Court) Defendants in an action of the case for refuseing to [253] give a just true & perticuler accompt of his or theire management of the saide Estate & his saide Rawsons fourth part or portion due to him for mony goods & Rents in his or theire hands for seuerall yeares past since that betrustment, with a just & perticuler accompt thereof with all due damages for deteining the same & other due damages according to Attachmt Dat: July 22 1674. . . . The Jury . . . founde for the plaintife six pounds two shillings & five pence in currant pay & costs of Court Forty five Shillings.

    [See Division of Glover’s Estate, above, p. 426. A clearer idea of the terms of the will involved in this case may be obtained from Rawson v. Billing, below, p. 543. The following document, endorsed “Glouers Defense,” is found in S. F. 1459.5, but may belong with the review of the same action at the next Court, for which see p. 508, below.

    Whereas the Plaintiffe sueth Habakkuk Glouer, John Glouer and Pelatiah Glouer.

    1. Wee Suppose Habakkuk Glouer and Pelatiah Glouer haue had no summons nor any attachment Served either on their persons or Estates.

    2. John Glouer as John Glouer here is not lyable to be Sued, he being but a legatee and not an heire to the estate being onely Coequall to the reversion, when all the debts and legacies are duely paid out of the Estate.

    3. Noe man here is in a Capacity to be Sued there being noe Execution nor Administration mentioned in the processe, therefore the processe is illegal there being Executor and administrator to the estate, and also an heire to the Same.

    Noe man is lyable to be Sued, to to divide another mans estate when dividable but as before, so J say still, the estate is not dividable, till all the debts and legacies be first paid, and deduction be made for what the plaintiffs father or his heires, hath receiued out of this perticuler estate, any perticuler heire not being in a Capacity to divide an estate in partnership betwene several persons Concerned, and we do not vnderstand how the now plaintiffe can Sue, who is but Concerned in a quarter part of a quarter part, the rest of the heires not being here, and not Suing, nor manifesting any doubt of any thinge, that may be still due to them, but let them fou[torn] Concerned, Come and Sue or Demaund, and if the debts and legacies be paid, and if they haue not receiued their right, they shall they haue it when it is due.

    Againe, whereas the plaintiffe Sueth for the reversion and inheritance of land, which be ordered by the Court to be divided, in the yeare 1660 J answer, the Court did neuer order John Glouer to divide any lands or reuersions and Jnheritance of lands, on this side the Riuer, therefore that Court order, being the ground of his action, his action is groundlesse for John Glouer, though Administrator, hath not order nor power, to divide for the reasons already mentioned, nor hath any administrator power to divide other mens lands, lying in partnership without a perticuler order from the Court, J desire also the honnored Court would Concider, whether this attachment be according to law, for breefnesse, and plainnesse, one sentence seeming to depend so vpon two other Sentences before that one knoweth not which it hath reference to, as for instance the words and also the fourth part of the reversions, may haue refference, to the word attach: or to the word, heires,

    Againe the Plaintiffe doth not mention what lands or where those lands are which he would haue divided, there be lands on this South Side Neponsit river, which may be in Controversy, and also lands on the north side the riuer, and therefore what the plaintiffe meaneth we know not,

    But as for any order of the County Court in the yeare 1660, that land should be diuided, J answer, that order was not for John Glouer, nor yet for Habakkuk Glouer, that he should divide any lands, but only as they should grow due, otherwise, if the Court order had bene absolute, no doubt but Habakkuk Glouer would haue diuided it, but as for John Glover, he never had power of administration graunted him, on any lands in Dorchester, vnlesse it be on lands on the farme, where Roger Billing liveth, or on some lands on this Side Neponsit river, where the plaintiffe with his brethren, haue taken possession of most to themselves, and therefore we vnderstand not by the attachment what land the plaintiffe meaneth and thincke this action groundlesse,

    This is a true Coppie as attests Jsa Addington Cler]

    Poole agt George

    John Poole plaint. agt Joshua George Defendt according to Attachmt Dat: June 2d 1674. The plaint. withdrew his Accion.

    Peirson agt Hilton

    George Peirson plaint.

    agt Charles Hilton Defendt in an accion of debt for witholding thirteen thousand foote of merchantable pine boards due to him the saide Peirson or his order as will appeare under his hand & for due damage according to Attachmt Dat: June. 16th 1674. . . . The Jury . . . founde for the Defendt costs of Court.

    Adams agt Rosse

    Alexander Adams plaint. agt Roger Rosse Defendt in an accion of debt of Seven pounds seven shillings & four pence due by bill & due damages according to Attachmt Dat July: 21th 1674. . . . The Jury . . . founde for the plaintife Seven pounds seven shillings & four pence in mony & costs of Court.

    Stoddard agt Jewitt

    Mr Anthony Stoddard plaint. agt Jeremiah Jewett one of the Executers of the Last will & Testament of mr Joseph Jewitt of Rowley deceased Defendt for not paying him the Summe of Eighty six pounds eight shillings four pence that Joseph Jewitt his Father was indebted to him at the time of his death as by booke will appeare with all due damages for the same according to Attachmt Dat. Aprill. 30th 1674. The Accion being called the plaintiffe appeared; but neither the Defendt nor his Surety appearing upon due calling the Court declared theire bond forfited & Order the Accion to proceed to tryall according to Law. . . . The Jury . . . founde for the Defendants costs of Court.

    Bull agt Leverett

    Henry Bull plaint. agt Hudson Leverett Defentt in an accion of the case for non paiment of two thousand One hundred & one pound of Virginia Tobacco remaining due upon a bill [254] or specialty under the hand of the saide Hudson Leverett bearing date the 14th of Decembt 1669 & other wayes may appeare to the plaintiffs damage twenty five pounds in mony with due interest for the same with other due damages according to Attachmt Dat: July: 18th 1674. . . . The Jury . . . founde for the plaintife two thousand One hundred & one pound of good Merchantable Tobacco here with interest at 5li perc the sd Bull allowing for Freight Risco & all other necessary charges: or ten pounds Eighteen shillings mony & cost of Court being twenty nine shillings & eight pence.

    Execucion issued 25 Augo 1674.

    Rawson agt Cooke

    Edward Rawson of Boston plaint agt Robert Cooke of Boston Hornbreaker Defendt for witholding a debt of twenty pounds starling mony of England due by bill of Exchange bearing date 17th of February. 1671. by him the saide Cooke charged on mrs Elinor Gallophine of London widdow who hath protested the same with all usuall just damages in such case & other damages since the sd protest: &c. according to Attachmt Dat June tenth: 1674. . . . The Jury . . . founde for the plaintife twenty five pounds five shillings in mony & costs of Court being thirty six shillings & four pence.

    Execucion issued 7br 4: 1674.

    Crown agt Sprague

    Colonell William Crown plaint. agt Jonathan Sprague Defendt according to Attachmt Dat. Aprill 29th 1674. The plaintife withdrew his Accion.

    Saffin agt Emmons

    John Saffin plaint. agt Obadiah Emmons Defentt according to Attachmt Dat. July 22th 1674. The plaint. withdrew his Accion.

    Hisket agt Gibbs

    George Hisket plaint. agt Benjamin Gibbs Defentt according to Attachmt Dat. July. 18th 1674. The plaintife not appearing upon due calling was NonSuited. & costs granted the Defentt being thirty shillings.

    Execucion issued 15: 7br 74.

    Kellond agt Belcher

    Thomas Kellond Plaint. agt Jeremiah Belcher Defentt according to Attachmt Dat. July: 17th 1674. The plaint. withdrew his Accion upon the Defentts acknowledgmt of a Judgment

    Smith agt Russell &a

    John Smith Plaint. agt Capt Thomas Russell & Jno Dafforne Defendts according to Attachmt Dat. July. 23d 1674. The plaint. withdrew his Accion.

    Calley to Noyes

    Joseph Calley personally appeared in Court & acknowledged a judgment against himselfe & Estate for thirteen pounds six shillings & six pence in mony to John Noyes as Attourny to Nathaniell Oliver according to bill [255]

    De Wit to Freake

    John De Wit personally appeared in Court & acknowledged a Judgment against himselfe & Estate for twenty six pounds in mony to mr John Freake.

    Execucion issued: 8br 19: 74.

    Ruggles made Free

    John Ruggles of Roxbury tooke the Oath of Freedom of this Colony.

    Addington Sworn Clarke

    Jsaac Addington was Sworn Clarke of the County Court of Suffolke.

    Grandjury dismist

    The Grandjury brought in theire bill of presentmts July: 28th & were dismissed for this Court.

    Order about Sr Tho: Temples Estate

    Whereas Sr Tho: Temple Late of Boston in New-England deceased did Nominate the Honord Jno Leverett Esqr Capt Tho: Lake mr John Richards & mr Jno Hull as Executors of his Last will; which hee Left in New-England; which Executors upon the probate of sd Will haue entred theire perticuler renunciation of theire sd Executorship: Upon which the Court judged it meete for the Securing of the sd Estate in New-England for the benefit of such as may make any Legall demand to the same or any part thereof) to Order & appoint & doe hereby Order & appoint Capt Thomas Lake mr John Richards & mr John Hull to take an Jnventory of the sd Estate & bring it into the Court & to act in all respects as Administrators to the sd Estate: And judging (by the pursent Jnformation given) that the saide Estate will proue insolvant doe hereby Authorize & Empower mr Anthony Stoddard Capt Wm Davis & Capt Edward Hutchinson as a Committee to receive the claimes of the Creditors to that Estate to Audit & pass theire Accounts The Creditors who are in this Country to bring in theire claimes to the sd Committee within six months & the Creditors who are in England to bring in theire claimes within Eighteen months next following. The sd Committee to appoint time & place for receiving the saide claimes And all persons concerned therein are hereby required to attend the meetings of the sd Committee to that end & that this Order bee posted at Boston Salem & piscataqua.

    White Find 5li halfe remitted

    Benjamin White convict in Court of assayling Jabez Buckminster upon the highway commanding him to stay being in the duske of the Evening, taking his horse by the bridle & pulling him off his horse. The Court Sentenced him to pay five pounds in mony as a fine to the County & Fees of Court standing committed untill the Sentence bee performed: Upon his humble petition The Court afterwards remitted halfe of his Fine.

    Dedham Commissionrs

    Capt Daniel Fisher, Wm Avery & Richard Ellice are appointed Commissionrs for the Town of Dedham to end small causes for the yeare Ensuing.

    Jrons Fined 20s

    Thomas Jrons committed to prison to answer for his procuring Richard Barnhum to publish a marriage between him sd Jrons [256] and Mary Arnold, the sd Jrons not having consent of the mayde or her parents soe to doe of which hee was convict in Court The Court Sentencd him to pay twenty shillings in mony as a fine to the County & fees of Court standing committed untill the Sentence bee performed.

    Barnhum Fined 10s

    Richard Barnhum being bound over to Answer for his publishing the baines of Marriage between Tho: Jrons & Mary Arnold; which hee Ownd in Court The Court Sentencd him to pay ten Shillings in mony as a Fine to the County & fees of Court standing committed untill the Sentence bee performed.

    Bishop to Richards

    Samuel Bishop of Jpswich personally appeared in Court July 29th 1674 & acknowledged a Judgment against himselfe & Estate unto mr John Richards for twenty eight pounds ten shillings & six pence in mony according to bill, with interest bearing date the Last day of Aprill 1672 @

    Lovells Forfiture remittd upon paying: 20s

    Upon the request of John Lovell of Weymoth & James Lovell his brother who was also his Surety) made to this Court for a remission of the forfiture of theire bonds declared forfited by the Last County Court upon John Lovells non appearance The Court was pleased upon theire paiment of twenty shillings to the Treasuror to remit the saide Forfiture.

    Cowell to Phillips

    Joseph Cowell personally appeared in Court July: 30: 1674 & acknowledged a Judgment against himselfe & Estate unto mr Henry Phillips for Nine pounds Eleven Shillings mony.

    Execucion issued 7br 12: 1674.

    [Freeman Sworn]

    Clemont Bate of Hingham tooke the Oath of Freedom of this Jurisdiction.

    Bendall Sworn Recordr

    Free Grace Bendall was Sworn Reccordr of the County of Suffolke.

    [Commissioners Sworn]

    Capt Daniel Fisher & Sergeant Richard Ellice were Sworn Commissionrs for the Town of Dedham.

    Chandlers Sentence

    John Chandler & Elisabeth Chandler Son & daughter of John Chandler senr of Roxbury being presented to this Court for wanton uncivill & unseemely carriages The Court upon hearing of the case, what was proved & what was Owned by themselues doe Sentence the sd John & Elisabeth to bee severely whip’t by theire Father & mother in theire own house in pursence of the Constable & John Stebbins The Father to correct his Son & the mother her daughter with such a Number of Stripes as the Constable & sd Stebbins shall judge meete not exceeding fifteen Stripes apeice & that the sd Children bee put asunder & not suffered to dwell together till the Court take further Order.

    Milton undr a pœnalty

    The Town of Milton being presented for not providing a watch house according to Law: Answer being made that they were building one The Court Orders that the sd Watch house bee compleated & finished by the next Court of this County. [257] under the pœnalty of Fifty shillings to bee forfited to the County

    Belcher to Kellond

    Jeremiah Belcher senr of Ipswich personally appearing in Court acknowledged a judgment against himselfe & Estate unto Thomas Kellond of Boston Merchant for the Summe of thirty pounds in mony being for soe much remaining due upon a bill of £47:15:6 bearing date Novembr 5: 1663.

    Execution issued 21o 8br 1678

    Price his Guardian

    Thomas Price appeared in Court & made choise of mr John Joyliffe for his guardian which hee accepted & the Court allowed of

    Order abt Price his Estate

    Whereas Richard Price of Boston in New-England; who Lately dyed in Nevis did Nominate mr Jno Joyliffe & his wife Elizabeth Price Executor & Executrix of his Last will & Testament they both appearing before this Court did enter theire renunciation of theire sd Executorship. Upon which the Court granted Administration of the sd Estate unto mr William Tayler and mr John Freake in behalfe of themselues & the other Creditors & being informed that the sd Estate would proue insolvant; doe Order & appoint Capt Tho: Lake Capt Samuel Scarlet & mr Tho: Kellond as a Committee to receive the claimes of the Creditors to that Estate to Audit & pass theire Accounts, the Creditors who are in New-England to bring in theire claimes to the saide Committee within six months & the Creditors who are in England to bring in theire claimes within twelue months next following, the saide Committee to appoint time & place of meeting for receiving the saide claimes & all persons concerned are hereby required to attend the meetings of the sd Committee to that end.

    Order agt making use of Evidences in more cases then one

    Whereas this Court have observed & taken notice of a great inconveniency ariseing, by partys (having actions upon tryall in Court) who frequently doe desire that the same Evidences which are put in in one case, should bee made use of in another, & thereby make a disorder & confound both the Jury & Officers in sorting the papers: The Court doe hereby Order & declare that noe person whatsoever hence forward shall make use of the same Evidences in one case which hee or they haue given in in another; but shall either put in New Evidences or Coppies of such as hee had given in to a former case.

    Hingham Commissionrs

    Deacon Jno Levit Daniel Cushing & Edmund Pitts are appointed Commissionrs for the Town of Hingham to end small causes for the yeare ensuing.

    Lincoln Sentencd

    Sammuell Lincoln of Hingham bound over to this Court to answer for his peeling of an apple tree & cutting off the Eares of a horse belonging to Nathaniel Baker: The Court on hearing wt was alleaged & proved agt him Sentencd him to bee admonish’t & to pay fees of Court standing committed untill ye Sentence bee performd. [258]

    Levit Admonish’t

    Josiah Levit of Hingham being presented for committing Fornication with a daughter of Goodman Brookes of Scituate formerly Servant to Nathaniel Baker of Hingham: The Court on hearing what was alleaged & proved against him; as also the Evidences produced by him; doe Sentence him to bee admonished & to pay such charges of prosecution as shalbee allowed of by the Court paying fees of Court standing committed untill the Sentence bee performed.

    Hopkins Sentencd

    William Hopkins of Roxbury being presented for offering both abuse in words & actions unto Deliuerance Dunckin the wife of Samuel Dunckin of Roxbury: The Court on hearing of what was alleaged & proved against him in the case doe Sentence him to bee whip’t with ten stripes & to pay fees of Court standing committed untill the Sentence bee performd.

    Hubbert Sentencd

    John Hubbert of Roxbury presented for drunkenness & boasting of his making another man drunck The Court upon hearing of what was alleaged & proved agt him in the case doe Sentence him to pay ten shillings in mony as a fine to the County & to give in bond with Sureties of 20li for his good behavior untill the next Court of this County standing committed untill the Sentence bee performed if hee can finde noe Sureties then take his own bond.

    Okkington presentd

    William Okkington being presented for drunkenness The presentment not being proved fell.

    Prise Sentencd

    Robert Prise being bound over to this Court to answer for his committing Fornication with Francis Bacon by whome shee hath had a bastard Childe: The Court upon hearing what was alleaged & proved agt him in the case doe declare him to bee the reputed Father of the Childe Lately born of the body of Francis Bacon according to Law & Order him to pay 2s 6 in mony per weeke towards the maintenance of sd Childe from the time of its birth till the Court take further Order & to pay fees of Court standing committed untill this Sentence bee performed. Goodman Gurney of Dorchester engaged in Court to see the saide payments performed.

    Bacon Sentencd

    Francis Bacon convict by her own confession in Court of committing Fornication with Robert Prise by whome shee hath had a bastard Childe: The Court Sentencd her to bee whip’t at Dorchester upon a Lecture day with 15 stripes & to pay fees of Court.

    Gullivr Sentencd

    Samuel Gulliver of Milton convict in Court of stealing [259] a horse from Sammuel Wadsworth. The Court Sentencd the sd Gulliver to pay treble damages according to Law being nine pounds in mony: And whereas the saide Wadsworth hath illegally received his horse again, hee is to haue but three pounds besides his horse the other three pounds is to bee paide in mony as a fine to the County by the saide Gulliver & to pay fees of Court standing committed untill the Sentence bee performed.

    Haugh Fined

    Samuel Haugh being complained of by Lydia Thwaite his Sister Walkers maide for unreasonably beating of her, Shee showing the Effects of the blows by blackness & blueness in the flesh; The sd Haugh Owning in Court that hee did beate her & through his passion too unreasonably The Court Sentencd him to pay five shillings in mony as a fine to the County & ten shillings in mony to the maide; with fees of Court standing committed untill the Sentence bee performed.

    Tebo Sentenced

    Joseph Tebo committed to prison to answer for his stealing of nine pounds in mony & two gold rings valued at three pounds from Rowland Gideon & Daniel Barrow; which the sd Tebo confessed in Court: The Court Sentenced him to bee whip’t wth twenty stripes & to pay Forty Shillings in mony as a fine to the County & to pay unto Rowland Gideon & Daniel Barrow the Summe of thirty six pounds in mony (whereof they haue received £5:3:4 being that threefold restitution that the Law requires & to pay fees of Court & prison standing committed untill the Sentence bee performed.

    Mahue & Tuckerman bond forfited

    Mary Mahue & John Tuckerman being bound jointly & seuerally in a bond of five pounds mony for the saide Mahues personall appearance at this Court: The saide Mahue being called Tuckerman appeared & made answer She was escaped, Upon which the Court declared theire bond Forfited.

    Sheldrack Richards & Bewrs bond forfitd

    Henry Sheldrack being bound over to this Court in the Summe of: 10li in mony & Humphry Richards & John Bewers being bound as Sureties in 5li apeice mony that the sd Sheldrack should appear at this Court to answer for his Living in a course of uncleanness with Ann Egington: When being called to answer for the same his Sureties made answer hee was escaped: The Court declared both principall & Sureties bond forfited & upon the petition of the Sureties The Court afterwards remitted theire bonds upon theire paiment of five pounds in mony within one weekes time, unless they take the principall & recover of him then to pay the whole ten pounds. [260]

    Woolaston Sentencd

    John Woolaston being committed to prison to answer for his stealing of two Shirts & a Neckcloth from Enoch Wiswall of Dorchester valued at thirty Shillings; as also from James White of Dorchester three peeces of Linnen cloth valued at four pounds one Shilling; all which hee confessed in Court: The Court Sentenced him to pay twenty Shillings in mony as a fine to the County & to restore unto Enoch Wiswall his Shirts & Neckcloth again & to pay him twenty Shillings in mony & to restore to James White his cloth again & to pay unto him Fifty four shillings in mony being that threefold restitution that the Law requires & to pay fees of Court & prison standing committed untill the Sentence bee performed.

    Jarrets bond forfited

    James Jarret being bound over to this Court to answer for seuerall misdemeanors & not appearing upon due calling The Court declared his bond of twenty pounds in mony to bee forfited.

    Committee for deviding Wards Land

    Capt Edward Hutchinson, Jonathan Balston & John Noyse are Ordered & appointed as a Committee to make an equall division of the Land Late the Land of Benjn Ward deceased; which is still undevided between Stephen Butler & Wm Holowell & to make theire Return to the Court.

    [Litigation concerning this estate will be found entered in the session of July, 1679, Hollowells v. Butler, below, p. 1029.]

    Ambross & Gibbs’s bond Forfited

    Samuel Ambross being bound over to this Court in 10li in mony and mr Robert Gibbs as his Surety in 10li in mony to answer the complaint of Roger Rose for his unjustly taking & deteining his cloaths & severall goods from him: The saide Ambross not appearing upon due calling The Court declared his & his Sureties bond to bee Forfited.

    Order for Execucion agt Sprague

    The Court Orders that the Clarke grant Execucion against the Estates & persons of Jonathan Sprague & his Father for the Satisfaction of theire bonds forfited, to bee paide to the Treasuror

    Punnell Sentencd

    Mary Punnell being bound over to this Court to answer for her absenting herselfe from the Service of her Master Tho: Holman of Milton & journying about the Country with James Jarret, of which Shee was convict in Court & being committed to prison by the Court made an Escape: The Court Sentenced her that if any time hereafter Shee shalbee found within the Limits of Dorchester or Milton that Shee bee forthwith apprehended by the Constable and whip’t with thirty Stripes.

    Langbury admonish’t

    John Langbury committed to prison for his Selling of three quarts of beere to Jndians: Owned in Court that soe hee did but saide it was small beere of a penny a quart. [261] The Court Sentenced him to bee admonished & to pay fees of Court & prison standing committed untill the Sentence bee performed.

    Josiah Jndian Sentencd

    Josiah Jndian being committed to prison to answer at this Court for his wounding of another Jndian with a cutlash wch hee Owned in Court. The Court Sentencd him to bee whipt wth ten Stripes or to pay ten Shillings in mony fine to the County & to pay for the cure of the wounded Indian & all other damages to pay fees of Court & prison standing committed untill the Sentence bee performed.

    Joseph Jndian Sentencd

    Joseph Jndian being committed to prison to answer at this Court for that hee having a wife by whome hee hath had two Children hath fiue dayes since in Boston taken another Squaw with whome hee liues & keepes company as his wife; which hee Owned in Court: The Court Sentencd him to bee seuerely whip’t with twenty Stripes & to pay fees of Court & prison standing committed untill the Sentence bee performed.

    Awk-whew Jndian Squaw Sentencd

    Awk-whew Jndian Squaw, standing committed to prison to answer at this Court for her keeping company with Joseph Jndian as his wife when hee hath another wife that is Living; which Shee Owned in Court: The Court Sentencd her to bee whipt with Fifteen Stripes & to pay fees of Court & prison standing committed untill the Sentence bee performed.

    Job Jndian discharged

    Job Jndian being committed to prison to answer at this Court the complaint of Clemont Bate of Hingham for stealing a paire of Stockins & seuerall other things out of the house of sd Bate: Upon hearing of the case the matter not being fully proved The Court Orders the sd Job to pay fees of Court & prison & soe discharge him.

    Peggy Find 10li & bound to ye behavior

    Edward Peggy being bound over to this Court to answer what should bee alleaged & proved against him for useing indirect meanes by powders or other wayes unlawfull to Engage the affections or desires of women kinde to him & for begetting Ruth Henningway of Roxbury with Childe: The Court on due consideration of what was alleaged & proved against him for his making Suite to & drawing away the affections of Ruth Henningway; as also the daughter of Robert Sanford without first obteining theire parents consent doe Sentence the sd Peggy to pay ten pounds in mony according to Law as a fine to the County & to giue in bond of 80li with Sureties for his good behavior till the next Court of this County & then to appeare & abide the Order of the Court & to pay fees of Court Standing committed untill the Sentence bee performed

    Henningway bound over

    Ruth Henningway is Ordered to renew her bonds for her [262] appearance at the next Court of this County & abideing the order of the Court or else to bee committed to prison. Shee renewed her bond

    Bradley presented

    Nathan Bradley of Dorchester being presented for Selling Sider without Licence; hee appearing Owned the presentment; but excused his act with his having the Selectmens approbacion in order to the Courts granting him A licence & did ignorantly act upon that: The Court accepting his excuse cautioning of him dismist him.

    Edmunds Sentencd

    Andrew Edmunds, being bound over to this Court to answer the charge of Benjn Gibbs about stealing a Silver porringer. The Court upon hearing what was alleaged & proved against him for confœderating with Joseph Waters in stealing a Siluer porringer from the sd Gibbs, part whereof was sold at mr Hulls Shop valued at twelue Shillings: Sentenced the saide Edmunds to pay unto mr Benjn Gibbs in mony the Summe of thirty six shillings being that threefold restitution the law requires & to pay fees of court standing committed untill the Sentence bee performed. And whereas the Court is informed that the saide Edmunds hath a wife in Holland & that hee hath remained here a considerable time from her: The Court Orders him to return to his wife by the next Court of this County under the pœnalty expressed in the Law.

    [This case had unexpected consequences for Waters. See the order about his horse, below, p. 490, and his sentence, below, p. 493.]

    [Order about Hawkins]

    The Court refers the further Examination of Mary Hawkins to the Commissionrs of Boston to bee returned to the next County Court or sooner if it may bee & Order her mittimus to bee returned to the Keeper.

    The Court Adjourned from Saturday the first to Munday the 3d of August: 1674: at Eight a clock in the morning.

    3: August: 1674 @

    The Court met according to Adjournment.

    Meares admonish’t

    James Meares being presented for meeting with seuerall others at a quakers meeting upon a lords day in Aprill Last past at the house of Nicholas Moulder; which hee Owned in Court; but saide hee onely went in hearing of them as hee went down towards the North meeting house but when hee was in staied there: The Court admonish’t him Ordered him to pay fees of Court & soe discharged him.

    Sparkes Sentencd

    Margery Sparkes being committed to prison to answer for her committing Fornication with John Lorin by whome shee hath had a bastard Childe; which Shee confessed in Court The Court Sentenced her to bee whipt with ten Stripes or to pay Fifty Shillings in mony as a [263] Fine to the County & fees of Court standing committed untill the Sentence bee performed And the Court Orders her Master Thomas Walker to pay her prison charges.

    Helman admonish’t

    Hannah Helman presented among seuerall others for meeting at a quakers meeting upon a Lord’s day in aprill Last past at the house of Nicholas Moulder; which Shee Owned in Court, it being the first conviction The Court admonished her, ordered her to pay fees of Court & discharged her.

    Wilmots Estate Setled

    For the Setlement of the Estate of the late John Wilmot deceased the Court Orders that John Wilmot his Sonn haue the house & Land neere the mill Creeke, to bee kept in good repaire till the saide John come of age, the rest of the saide Estate is confirmed upon John Smith (who married the Relict of sd Wilmot) in right of his wife to bee disposed of by him for his use for ever.

    Thornton Fined 50s

    Hanna Thornton being sent for before the Court to answer for her committing Fornication & having a bastard Childe which shee Owned in Court & charged Joseph Pollee to bee the Father thereof: The Court Sentenced her to bee whip’t with ten Stripes or to pay Fifty Shillings in mony fine to the County & fees of Court standing committed untill the Sentence bee performed.

    Smith Sentencd

    Dorcas Smith being bound over to this Court to answer for many cursing reviling & evill speeches, & other misdemeanors of which Shee was convict in Court: The Court Sentenced her to bee severely whip’t with fifteen Stripes & to pay fees of Court standing committed untill the Sentence bee performed.

    Somes Fined 20s

    John Somes being presented by the Grandjury for meeting at a quakers meeting upon two seuerall Lords dayes at the house of Nicholas Moulder in Boston, it being after due conviction thereof formerly The Court Sentencd him to pay twenty Shillings in mony fine to the County according to Law & fees of Court standing committed untill the Sentence bee performed.

    Hooper Fined 20s

    Mary Hooper presented as aboue, it being also after former conviction The Court Sentencd her to pay twenty shillings in mony as a fine to the County & fees of Court standing committed &a The Court afterwards see cause to respite her fine till further order, & Order her release from prison.

    Amy Find 20s

    Matthew Amy presented as aboue, it being also after formr conviction: The Court Sentencd her to pay twenty Shillings in mony as a fine to the County & fees of Court standing committed. The Court upon her husbands petition respites her fine till further Order & Order her release from prison. [264]

    Stratton Find 20s

    Eliford Stratton presented for meeting at a quakers meeting upon two seuerall Lords dayes in aprill last past at the house of Nicholas Moulder in Boston; which Shee Owned in Court & being after former conviction The Court Sentenced her to pay twenty Shillings in mony as a fine to the County & fees of Court standing committed untill the Sentence bee performd

    Moulder Fined 20s

    Christian Moulder presented as abouesd which Shee Owned in Court, it being after former conviction The Court Sentencd her to pay twenty Shillings in mony as a fine to the County & fees of Court standing committed untill the Sentence bee performed.

    Due Fined: 10s

    Esther Due presented for once meeting as abouesd which Shee Owned in Court, it being after former conviction The Court Sentencd her to pay ten Shillings in mony as a fine to the County & fees of Court, standing committed untill the Sentence bee performed.

    Mills Admonish’t

    Mary Mills being presented as abouesd which Shee Owned in Court; not having been formerly convict thereof: The Court admonished her Ordered her to pay fees & soe dischargd her.

    Swimsteed Admonish’t

    John Swimsteed presentd as abouesd which hee Ownd in Court; not having been formerly convict thereof: The Court admonished him Ordered him to pay fees & discharged him.

    Somes Admonish’t

    The wife of John Somes presentd as abouesd which Shee Owned in Court; not having been formerly convict thereof The Court admonished her, Ordered her to pay fees & soe discharged her.

    Order to Benjn Gillams Admrs

    The Court Orders that the Administrators to the Estate of the late Benjn Gillam deceased, doe bring in an Account of that Estate to the next Court of this County on the first day of sd Court, that soe there may bee a Setlement & division made of the same.

    Veerin Fined & bound to good behavior

    John Veerin being presented by the Grandjury for cursing Swearing & common rayling, & Evidence of ill behavior in his family appearing: The Court Sentencd him to pay twenty Shillings in mony as a fine to the County; & to giue in bond with Sureties of Forty pounds to bee of good behavior till the next Court of this County & to pay fees of Court standing committed untill the Sentence bee performed. The sd Jno Verin as principall in £20 & James Brading & Danll Turill senr in £10: apeice were accordingly bound.

    Order about Waters his horse

    Whereas Joseph Waters of Lancaster, who stole a peice of plate from mr Benjn Gibbs of Boston valued at: 40s [265] hath made his Escape & although warrant is out for his apprehention doth still abscond & is concealed: The Constable of Lancaster having Seized a horse of the saide Waters’s & hath him in his custody, who is at expence & charge in keeping & Looking after him: The Court Orders that the saide Constable doe deliver the saide horse to mr Benjn Gibbs at apprizement by men indifferently chosen.

    [See above, p. 486, and below, pp. 493, 512.]

    Order abt Salt in mr Whartons custody

    Vpon the information of mr Richard Wharton, that as hee was Constable about two yeares since, hee did by virtue of his Office attach a parcell of French Salt as the Estate of Elder Jno Wiswall at the Sute of Thomas Clarke Late of Plimouth & secured the same in mrs Olivers Warehouse; The sd Wiswall & Clarke both of them refuseing to receive or take care thereof: The Court Orders & Empowres mr Richard Wharton to make Sale & dispose of the same & return the mony into the Court with an account of charge upon the same.

    Beales Licence

    Nathaniell Beale of Hingham had his Licence renewed for the yeare ensuing to keepe a house of publique entertainmt to sell wine & strong beere by retail for the yeare Ensuing & hee bound himselfe as principall in ten pounds & Josiah Hobart as Surety in five pounds bound himselfe to the Treasuror of the County of Suffolke for the sd Beales observance of his Licence.

    Sandys Fined

    6s 8d John Sandys being bound over to this Court to answer for his breaking the peace in striking Capt Edwd Hutchinson; which hee confest in Court: The Court Sentenced him to pay six Shillings & eight pence in mony as a fine to the County & fees of Court standing committed untill the Sentence bee performed.

    Eaton purged by Oath

    Elizabeth the wife of Jabez Eaton being accused by an Jndian for selling him three quarts of strong beere for which hee paide six pence in mony: The Court Orders that the saide Eaton doe purge herselfe by her Oath or that Shee bee whip’t with ten stripes or pay twelue pounds in mony as a fine to the County & fees of Court standing committed untill the Sentence bee performed. The sd Elisabeth tooke her Oath according to Law.

    The Court adjourned from Tuesday the 4th to Thursday the 20th of August, at nine a clock in the morning. [266]

    August 20th 1674 @

    The Court met according to Adjournment.

    Present

    • Jno Leverett Esqr Govr
    • Edw: Tyng
    • Simon Bradstreet Esqr
    • Wm Stoughton Esqrs

    [Clarke Sentenced]

    Alice Clarke widdow convict in Court by her own confession of Selling Strong beere without Licence The Court Sentencd her to pay five pounds in mony fine to the County according to Law & fees of Court Standing committed untill the Sentence bee performed.

    Connigrave Find 5li

    Elizabeth Connigrave convict of selling Strong beere without Licence The Court Sentencd her to pay five pounds in mony fine to the County according to Law & fees of Court standing committd untill the Sentence bee performed.

    Order abt Hitt

    Jn Answer to the request of Anne Hitt widdow & Administratrix to the Estate sometime Eliphalet Hitts of Boston deceased that Shee might haue Liberty to dispose of & put to Sale some part of that Estate for the paiment of debts & Legacies & maintenance of herselfe & Children: The Court Orders & Empowres the saide Anne Hitt (with the consent & advice) of those that are Sureties for her true Administracion upon the saide Estate) to dispose of & put to Sale the house & ground at Charlestown valued in the Jnventory at £:170. Shee rendring an Account of sd Sale unto the Court of this County.

    Order for Deerings appearance

    The Court Orders that Mary Deering widow & administratrix to the Estate of Samuel Deering Late of Brantery deceased doe appeare at the next Court of this County upon the 6th day of the weeke to answer the complaint of Joseph Adams exhibited to this Court in his petition & that in the meane time Shee alienate none of the sd Estate.

    mr Gibbs his Forfiture remittd upon paiment of: 20s

    Jn Answer to the petition of mr Robert Gibbs The Court was pleased to remit the forfiture of his bond of 10li declared forfited at this Court at theire former Session upon the non appearance of Samuel Ambross for whome hee was bound upon the sd mr Gibbs his paiment of 20s in mony to the Treasuror of the County.

    Order abt mr Wharton & Gibbs theire papers

    Mr Richard Wharton & mr Benjn Gibbs appearing in Court & declaring that whereas they had severall actions depending this Court that had agreed them amongst themselves and desired that they might haue theire papers delivered out again mr Wharton also declared the action depending between Augustin Mellot & mr Gibbs was agreed between them & did in Mellots behalfe desire the deliuery of those papers out again & that the verdicts of the Jury given in in [267] theire severall cases might bee made Null; which the Court granted and Ordered the delivery of theire papers to the severall parties accordingly: they declaring that they withdrew theire actions.

    [See the numerous Wharton v. Gibbs cases earlier in the session, above, pp. 463–4.]

    Waters Sent

    Joseph Waters being bound over to the Court to answer for his stealing a silver porringer from mr Benjn Gibbs & being called to answer for the same The Court upon hearing of what was alleaged & proved against him & what himselfe Owned in the case Sentencd the saide Waters to pay Forty Shillings in mony as a fine to the County & to pay to mr Benjn Gibbs £:5:8:0. in mony being that threefold restitution which the Law requires (the saide Gibbs to haue his peice of plate, which was sold to mr Hull returned to him again) & to pay fees of Court standing committed untill the Sentence bee performed: and the Court declare that they discharge Andrew Edmunds from the Sentence of the Court declared against him at theire former Session & from his imprisonment; The sd Waters having cleered him in open Court.

    [See above, p. 490, and Whetcomb v. Gibbs, p. 512.]

    Cawley Sent

    Nicholas Cawly being imprisoned till this Court to answer the complaint of mr Tho: Brattle for stealing three setting poles & cutting & taking of some of the wharfes before the Town of Boston, a peice of a New hauser; which were valued at Eighteen Shillings: The Court on hearing what was alleaged & proved against him & what himselfe Owned, doe Sentence the sd Cawley to bee whip’t with twenty Stripes & to pay unto mr Tho: Brattle Fifty Shillings in mony being that threefold restitution which the Law requires returning the saide Brattle his two poles again & to pay fees of Court & prison standing committed untill the Sentence bee performd

    Court Order abtmr Rock

    Upon farther consideration of the Account presented by mr Joseph Rock to a former Court of his Administracion to the Estate of mr Jno & Mrs Martha Coggan deceased & the former Orders of Court passed thereupon for mr Rocks paiment to the Guardians of mr Thomas Robinsons Children the Summe of £:209:04:0 to each guardian his due proportion thereof: The Guardians declaring theire willingness to refer the further consideration thereof to the Court judge meete to allow to mr Rock £:38:18:8. more then what they haue formerly allowed him out of the Estate of the sd mr Coggan & doe take of & rebate £:29:4:0 of the Summe of £:209:4:0 ordered by the Court for the saide Rock to pay to the sd Guardians & the other £:9:14:8 to bee deducted out of that part of the sd Estate ordered to mr Rock as guardian to one of sd Robinsons Children.

    [Consult Index for the numerous references to Rock and Robinson litigation.]

    Order abt Punnell

    The Court Orders the Clarke to issue out a warrant to the Constables of Dorchester Milton & Brantery to apprehend Mary Punnell & to bring her to prison. [268]

    Sawdy’s Estate Setled

    Ann Holliday widow (& Administratrix to the Estate of her former husband John Sawdey deceased) moving this Court for a division & Setlement of the Estate left by her saide husband Sawdey between herselfe & the five Children Shee had by saide Sawdey, three of which being grown up appeared in Court & did mutually choose theire sd mother to bee theire guardian which Shee accepted & the Court approved of: And the Court Ordered the saide Anne to pay out of the Estate unto John Sawdey the eldest Sonn five & twenty pounds when hee shall come of age & to the other four Children of the sd Sawdey to each of them twelve pounds ten Shillings as they shall arrive at theire respective ages; and confirme the rest of the Estate upon the widow for ever Shee to haue the emprovement of the whole till the Children come to age.

    Order abt Sprague & Peirce

    Jn Answer to the petition of William Sprague: The Court Orders that Wm Sprague & Mihel Peirce doe pay twenty pounds in mony to the Treasuror of the County towards paying of charges expended about Jonathan Sprague for whome they were bound & theire bonds declared forfited & respit any farther proceeding till farther Order upon condicion they pay ten pounds apeice in mony

    Order abt Tebo

    Jn Answer to the petition of Rowland Gideon & Daniel Baru The Court abates the fine of Forty Shillings imposed on Joseph Tebo & Order that the sd Tebo bee delivered unto the Petitionrs

    Kibby’s Fine abated conditionally

    Jn Answer to the Petition of Edward Kibby. The Court abate his fine of 12li imposed on him by the County Court in January last & Release his Land made over for Security thereof provided hee forthwith pay five pound in mony to the Treasuror of the County.

    This Court dissolved.

    Barton to Hobby

    Edward Barton of Capebonne Waggon671 Fisherman personally appeared August 25th 1674 before John Leverett Esqr Governr & Edward Tyng Esqr Assist and acknowledged a judgment against himselfe & Estate unto William Hobby of Boston for One hundred & Nineteen pounds ten Shillings & five pence to bee paide in Merchantable Fish refuse Fish & Oyl at price currant at Capebonne Waggon at the Eastward being according to bill Dat. Augo 24:1674 @.

    This done as Attests Jsa Addington Cler

    Execucion issued Augo 26: 1674. [269]

    Hebert & Savages Testimo

    David Hebert aged. 36. yeares or thereabouts & Thomas Savage aged. 34. yeares or thereabouts Sworn Saith that being desired by mr Benjn Gibbs to goe along with him to mr Hodges; which wee accordingly did & did there heare the sd Gibbs demand of sd Hodges paiment of that which hee promised in Court to pay to sd Gibbs; which was recovered against Ashton but sd Hodges replied, that hee would not pay any thing unless sd Gibbs would give him under his hand that hee should receive it again of mr Saffin, and farther say that sd Gibbs did tender sd Hodges to pay him or discount with him whatsoever sd Hodges could justly demand of him for Court charges or words to that purpose & farther say not this aboue was demanded this 12th day of Septembr 1674.

    This was Owned by mr Umphry Hodges to bee the truth before us the 12:7br 1674.

    John Leverett Govr

    Edward Tyng Assist.

    Entred 12: 7br 1674.

    per Jsa Addington Cler.

    Townsends discharge to mr Allen

    Whereas or Late Uncle Elder James Penn deceased did by his Last will & Testamt give & bequeath unto us Peter Townsend & James Townsend his Kinsmen, to each of us a legacy of Fifty pounds apeice in mony, to bee paide to us after the decease of or Aunt Penn widow & Executrix of the last will and Testament of or saide Uncle: Now Know all men by these presents that wee the saide Peter & James Townsend in consideration of the Summe of Forty pounds apeice in mony to us now in hand paide by mr James Allen Agent for our saide Aunt Penn, the receipt whereof wee doe hereby acknowledge doe for us or heires Executors & administrators forever remise release & quitclaime unto or sd Aunt mrs Katharin Penn her heires & Executers of & from the saide Legacy & Legacies & all other claimes & demands that wee or either of us might or should haue to the Estate of or saide Uncle Penn or any part thereof by virtue of his Last will & Testament. Jn Witness whereof wee the saide Peter & James Townsend haue hereunto put or hands this 30. of Septembr 1674.

    Peter Townsend

    James Townsend

    Signed & Deliurd in the pursence of us.

    John Wiswall senr

    Penn Townsend

    Jsa Addington

    30 7: 74

    This Jnstrument abouewritten was acknowledged by Peter Town-send & James Townsend as theire act & Deed Sept 30: 1674. Before mee

    Edward Tyng Assist.

    Entred per Jsa Addington Cler [270]

    16th 8br 1674

    Present

    • Capt Daniel Gookin Esqr & Edward Tyng Esqr Assists

    Bowen to Brading

    Thomas Bowen of Marblehead personally appeared and acknowledged a Judgment against himselfe & Estate unto James Brading of Boston for twelue pounds to bee paide in merchantable Fish or else in mony.

    as Attests Jsa Addington Cler

    Execucion issued Novembr 23 1674.