At A County Court held at Boston 27th of October: [email protected]

    Present

    • Jno Leverett Esqr Govr
    • Edward Tyng
    • Simon Bradstreet Esqr
    • William Stoughton
    • Major Tho: Clarke

    Grandjury the same wth the former Court Ferdinando Thayer added.

    Jury of Tryalls Sworn

    • Capt Jno Hull
    • John Baker
    • John Ripley
    • James Whetcomb
    • Timothy Tylestone
    • Henry Wight
    • Nathan Raynsford
    • John Wales senr
    • Martin Phillips
    • John Polley
    • Robert Parmentor
    • Tho: Drake

    Hoare v. Fogg]

    William Hoare plaint. agst Ezekiel Fogg Defendant in an action of the case for his false & fraudulent dealing with & excessive over reaching the saide Hoar in the sale of a parcell of painting Stuffe & brushes chargeing them at an intollerable rate (viz) four or five times more then the worth of them & hath by flattering & insinuating discourse inticed the sd Hoar being ignorant of the prizes of such things to give him a bill under his hand for the paiment of the saide mony & bread & after making Sale of part of the saide goods to his the saide Hoar’s great damage & other due damages according to Attachmt Dat. October 14th 1674.

    . . . The Jury . . . founde for the plaint. damage Seven pound fourteen shillings six pence & the delivery of the goods to Wm Hoar according to Jnvoyce on pœnalty of ten pound ten shillings in mony to bee paide more then the Seven pounds fourteen Shillings six pence aboue expressed & costs of Court allowed by the Magistrates

    Mosely agst Hobart

    Richard Mosely, late Owner of one quarter part of the Ship golden Faukon Plaint. agst Josiah Hobart late Master of the saide Ship Defentt in an action of the case for that the sd Hobart doth neglect & refuse to give unto the sd Mosely a just & true Accompt with the produce thereof for one quarter part of the profits or Earnings of sd Ship made in a voyage or voyages from Barbados to New-England & from New-England to Barbados again since about January last was [271] twelve months, as hee the sd Hobart was master of the sd Ship & the saide Mosely a quarter part Owner as aforesaide; the nonperformance of which by the saide Hobart is to the plaintiffs damage to the Summe of one hundred pound with other due damages according to Attachmt Dat: Septembr 3d 1674. . . . The Jury . . . founde for the plaintife; viz: that Josiah Hobert render an Accot to the sd plaintife once within twelve months or if sd Hobart shall arrive in New-England sooner then within forty dayes after his saide arrivall on the pœnalty of Fifty pounds, by an Accot the Jury intends a true account & costs of Court allowed by the Court three & twenty shillings & ten pence.

    Winslow agst Shakerly &a

    Richard Middlecut or John Williams Attournies to Samuell Winslow plaint. agst John Shackerly or Peter Jacobson Marius them or either of them Defendants, in an action of the case for witholding a debt of Forty eight pounds three Shillings & three pence Starling; which was to bee paide the one halfe in bread at Eleven shillings & six pence per hundred & the other halfe in Flower at ten Shillings six pence per hundred all which was to haue been delivered the saide Winslow at the Weigh house in new Orania or yorke672 upon the fourteenth day of August last past as will appeare by a bill under theire hands dated the eigth day of July 1674. wherein the saide John Shakerly and Peter Jacobson Marius are bound jointly & severally for the paiment of the abouesaide Summe in the species abouementiond to the saide Winslow & due interest & all other due damages according to Attachmt Dat. August 29o [email protected] . . . The Jury . . . founde for the plaint. viz: the bill Forty eight pounds three Shillings three pence & damage for non paiment at time & place twenty five pound one shilling & costs of Court allowed by the Court. Nineteen Shillings. Robert Orchard as Surety for the. Defendant appealed from this Judgment unto the next Court of Assistants & the sd Robert Orchard as principall in £:74 & Arthur Mason & Tho: Bingley as Sureties in £:37 apeice acknowledged themselves respectiuely bound to . . . prosecute his Appeale . . .

    [See Records of the Court of Assistants, i. 29.]

    Ball agt Rigbee

    Francis Ball Plaint. agt Samuel Rigbee Defendant in an action of debt to the value of thirty & seven pounds & [272] fifteen Shillings to have been paide Long since in green hides & mony & goods to the saide Balls content & is all yet unpaide to the saide Balls great damage these with all other due damages according to Attachmt Dat. the 20th mo 8: 1674. . . . The Jury . . . founde for the plaint. viz. debt thirty five pounds to bee paide in mony & green hides & costs of Court allowd by the Court thirty one Shillings & eight pence.

    Lytherland agst Brown

    William Lytherland plaint. agt William Brown of Salem senior Defentt in an action of the case for irregular or illegall executing upon & imprisoning and retaining in prison the saide Lytherland whereby hee is deprived of a Subsistence of himselfe & sick family and detainment from all publique Ordinances to the damage of the saide Lytherland about Fifty pounds in mony & all other due damages according to Attachmt Dat. Septembr 2d 1674. . . . The Jury . . . founde for the plaint. damage twenty pounds & costs of Court allowed by the Court thirty one shilling & two pence. The Defendt appealed from this Judgmt to the next Court of Assistants and the saide mr William Brown principall in £:40: & Capt Edward Hutchinson & mr John Pool Sureties in £:20 apeice acknowledged themselves respectiuely bound to . . . prosecute his appeale . . .

    [In consequence of a judgment and execution granted at Salem Court, 24 June, 1673, the Marshal made the following return, dated 29 August, 1673 (S. F. 1351.2):

    J Levied this Execution upon the body of William Leatherland after demand of Specie at his house & of him & hee refused to pay or to tender any in kinde soe J committed him into the prison at Boston to bee safe kept by Thomas Matson keeper of this house of the prison till this Execution bee fully Satisfied . . . J by the same mr Brownes order told this Leatherland that five pounds of it was paide already & J demanded noe more but the remainder then.

    After obtaining liberty from the Court of Assistants “to goe to the Ordinances of christ in Boston as also to vissit his sick wife wth his keeper” (Records, i. 21), Lytherland tried this appeal to his creditor (S. F. 1351.6):

    Boston Prisonr 14th 7mo 1674

    Mr Wm Browne

    & much Respected

    Loving respects presented to you Sr J beseech yor favor in the perusall of these few lines unto you from yor afflicted mizmazed prisoner who beares noe ill will unto you, nor never had any desire to deprive or or evade, whereby you might bee deprived of yor true right; which J cannot attaine without a legall way of proceeding against mee as J stand bound with Capt Hudson jointly and severally, J beseech you therefore considering my case, you know the debt is not mine, & that J haue a bond to keepe mee indemnified &c yor selfe also being convinced as you enformed mee at Salem & that by advice you were enformed that J must suffer before J could act for redress. Jf soe J pray you consider into what a labarynth you haue brought mee, J told you before you kept mee on the tainters by omition endangering mee & my posterity, & now where am J! Jn prison deprived of publick Ordinances, from way of Subsistance for my sick wife & selfe, her saide deprivall of helpe lying (as Supposed) on her deathbed will lye at some body’s dore, as also my rotting in prison (as some Say J shall) but what am J imprisoned for, for a Judgement against mee who never dealt with you for or about one penniworth of anything as singly related, & as the Execution expresseth; what can J doe less then J haue done, J haue noe way of reveiw, for there was never Judgement soe granted to reveiw from, no[r] can J sue the bonds neither upon Capt Hudson nor his Successors hee not being named in the Execution, it’s some other matter Sr however it shall appeare upon tryall before godly Magistrates & honest & able Jurors let not yor Spirit principa[l] & genius J hope is otherwise soe rise against mee as to bee instrumentall of the deprivation of my Soules liberty, for to mee the vision failes, nor altogether deprive my sick wife that J may neither visit her to some help or seeking out, Shee is innocent if my body doe rot in prison (as word brought mee spoken by yors improved) the grave will free from all. Job: 3: 19. But good Sr favour mee soe much (it’s in yor power) to grant mee freedome of publick Ordinances & if it might bee sometime with the keeper to visit my Sick wife, & in case of her decease to see her buryed & secure what is left, Jt would bee to my great prejudice to make an escape, J haue yet through mercy Estate enough that my person should not bee in prisoned.

    Yor favor in my request will oblige him, who never bore you ill will nor willing to wrong you but remaine as aboue saide, yor as dejected soe rejected Freind & prisoner

    Wm Lytherland

    Truly Coppied . . . Jsa Addington Cler

    This appeal proving unavailing, he drew up the following bill of complaint (S. F. 1351.4) upon which the action was based. His references to the Law Book are to the Generall Laws and Liberties (1672), and are generally accurate:

    The Declaration & complaint of Will: Lytherland plaintife against Will: Browne Senior Defendt in an action of the case for irregular or illegal Executing upon imprisoning & retaining in prison the saide Lytherland to his damage about Fifty pounds in money &c. first: That the saide mr Brown hath executed upon &c upon the sd Lytherland for not Satisfaction of a Judgement granted to the sd B [torn] held the 24. 4 mo 1673. against the sd Lytherland without the Nomination of any other person in his Execution whereas the sd Lytherland never as relating to himselfe had to deale with him to the value of one penny, nor never any Attachment against him singly, Attachment being the ground[s] of Judgement then Lytherland humbly conceives that there can bee noe Judgement soe stated for if not how can an Execution not soe & soe taken out & executed the Attachment Voide in Law, as Law booke p: 144. title Suerties & goods Attach’t as in the proviso & soe against our fundamentall law see in the first Law, the Attachment & Execution differing as [torn] two causes & yet Lytherland restrained.

    2. That contrary to Law hee keepes the sd Lytherland in prison for debt as hee saith, when the law saith p. the. 6. title arrests hee shall not bee kept in prison but when there is an appearance of some Estate that hee will not produce; now that it is not soe with lytherland appeares by the Marshalls Return &c who saith hee demanded it at his house but not of him, at his house according to the law title Marshalls p. 103. 104. Sect. 7. which if it had been soe there had been enough to have Satisfied his pretended debt [torn] part with his right there for. 250l [torn] [w]ould have Satisfied both debt & damage according to Law of payments, p: 120: 121. if hee would haue house & Land [torn] but amount [torn] his Satisfaction but if hee say it must bee in the same specie mr Browne hath tooke sufficient occasion to prevent for Lytherland soe imprisoned without mercy as from himselfe can neither injoy the Ordinances of Christ nor visit his sick wife though humbly sollicited nor Liberty to shew Estate & make Agreement to pay in the same Specie pretended being bound up from all convayances &c as. p. 32: Sect. 3.

    [3]ly. The Judgement being granted (as he saith) at Salem. 24. 4mo 1673. and the Execution taken out the. 26. 6mo 1674 which is aboue. 14. months contrary the Law title Sureties & goods attached. p. 144. which saith where Execution is not taken out & executed within one month after Judgement is granted, all such attachments whether on persons or Estates with Sureties shalbee released & voide in Law, which Law being explained added to in the Law made May 1672. p. 2. still refers to bee to one month to Sureties & principalls [torn] that that’s the intent of the Law, true the former law p. 144. hath provisos in it in answer to which [torn] [Lytherland is] noe stranger for hee hath been here about. 44. yeares & a Freeman of this Jurisdiction about. 40. yeares: But: 2ly the Law sa[ith] the Court may give further time & respit Execution in any perticuler case; which if it had been done Lytherland should haue freely Submitted, as owneing our good Laws to bee our Stability and tranquility, but that there is noe such thing appeares by the testimony of the Clarke

    4ly Jf mr Browne should pretend that hee intends a Judgement in that case commenced against William Hudson & Will: Lytherland as the Attachment expresseth & soe the Judgement also mr Browne well knew that Lytherland was onely a Surety as appeares both by blaming mr John Hubbard that hee would trust Capt Hudson, also mr Browne saw & read the Counterbond wherein it is owned to bee the Captain’s debt and to keepe Lytherland indemnified &c mr Browne being convinced as by his acknowledgement that there must bee a legall course taken whereby himselfe & Lytherland might [torn] repaires from Capt Hudson who both did and doth affirme gr[eat] part or all to bee paide, one affirming the other denying [how] ever certain it is that mr Browne hath received of Capt [torn] 5h by mr John Hubbard his Agent & [40]a mr [Joshua] Hew [torn] paide himselfe on that accompt, [torn] will appeare by the Witnesses, and the Mars[torn] ordered to tell this lytherland that five pounds is paide a[s in] his return specified with Abrand this lytherland, o the wof[ul] Enmity & unmercifullness of such a Spirit that is not Satisfi[ed] with his flesh imprisoning &c but Starve his Soul what in [him] lyes though importunely sought unto both by Letter & by Robert Sanford & hee would not, but as hee hath cast him into prison soe still retaines him till hee should pay the debt, the debt not being his nor any part as it is now Stated For

    First hee saith the Execution must bee Executed upon lytherland onely & that such a Judgement was granted to him at a County Court held at Salem. 24. 4mo 1673. which is most untrue for the Judgement at that Court is against William Hudson & William Lytherland Defendants as appeares by the Judgemt it selfe, now that hee shall execute upon lytherland alone without soe much as mentioning William Hudson at all which is principall, soe that contrary to law hee hath deprived of a reveiw, though there is just cause Seven pounds being paide [torn] & yet Judgement for the whole See title tryalls. p. 152. Sec. 1. & contrary to the Law title Marshalls p: 102: 103. where Execution can bee for noe more then for the remainer & thereby enlardgeing the Marshalls fees for Serving the Execucion p. 102. Sec. 4

    2ly For mr Browne to Execute upon imprison &c the sd lytherland alone without Nominating Will: Hudson who is principall & with whome mr Browne hath since Judgment agreed with Capt Hudson to referr all theire differences to men to end, this case of the brandy being one, that if mr Browne were in the Capts debt, then the pay for the brandy [to bee] taken off or soe much abated, the men were agreed [torn] as the Witnesses will affirme, soe that lytherland did & [doth] conceive that a colaterall agreement doth free him and yet mr Browne by this illegall course hath not onely deprived lytherland of the benefit of the Law which gives liberty for the Surety to Surrender the principall person into the hands of the Marshall or his Deputy, p: 144.-but

    [3]ly Jf mr Browne can after. 14. monthes that the Judgement is granted contrary to the Law before alleaged take out and [torn] ly & not Nominating the other, the like may hee doe after. 14. yeares, in which time Lytherland may bee dead & soe executed upon his posterity & then after that by the same rule take another against William Hudson & soe bee twice paide & again after that according to Attachmt and Judgement take out Execution against both & Execute upon either of them or either of theire posterity; which wilbee a laying up a sad inheritance for his posterity; but through mercy our Law hath otherwise provided, it to bee taken out & Executed in one month as aforesaide: And

    [4]ly This act of mr Brownes deprives lytherland of prosecuting his Counter-bond for in the Execution William Hudson is not named & then may hee justly Say that this is some matter relateing to Lytherland onely & not a word of mee William Hudson and soe thereby Lytherland or posterity ruinated: all which occasioned the aforesaide Lytherland thus to ma[ke] his humble address to the Honrd & godly bench & Jury [for] releife, having his dependance upon the Lord from [whome] comes every mans Judgement

    Damages Susteined; his Sixty dayes imprisonment [torn] charges in Sending & for Coppies of Records from Salem besides the extraordinary charges of his sick wife and deprivation of oppertunity to procure wood & provitions &c for winter to his great damage as abouesaide

    wm Lytherland

    . . . true Coppie . . . Jsa Addington Cler

    Browne’s Reasons of Appeal have not been preserved; Lytherland’s Answer (S. F. 1351.8) raises no new points. The Court of Assistants reversed the judgment of the lower court (Records, i. 25) in spite of a moving petition (S.F. 1351.7) to them from Lytherland, recalling his friendship with Elder Leverett the Governor’s father and other “Antient bretheren & sistors.” There is no record of when Lytherland was released, but at the January session, 1674/75, he was suing the clerk of the Salem Court for complicity with his alleged persecutor.]

    Fogg agt Hoar

    Ezekiel Fogg plaint. agt William Hoar Defendant in an action of debt for witholding the Summe of Seventeen pounds ten Shillings paiable ten pounds in mony & one thousand of Bread at Seven pounds ten Shillings as appeares by a note under his hand bearing date the 15th of Septembr 1674 & other due damages according to Attachmt Dat. Octobr 2d 1674. . . . The Jury . . . founde for the plaintiffe the bill viz. Seventeen pounds ten Shillings & costs of Court. [273]

    Legg agt Davis

    Sammuel Legg plaintife agt the goods debts or Estate of Thomas Davis in the hands of Joseph Townsend Attourny to the sd Davis Defendt in an action of Reveiw of a judgment granted the sd Davis at a County Court held in July Last for Nine hundred & Fifty pounds of Sugar in caske here in New-England, which was for nonperformance of a bill of Lading for a horse to bee delivered in the Jsland of Barbados the danger of the Seas excepted; but by strease of winde and weather was forced to the Jsland of Mountserat & there sold the aforesaide horse for Sugar to bee delivered there as per accompt, the plaintife not having any provinder on board neither could get any ashoare whereby to carry the saide horse any farther; by virtue of which Judgment the plaint. is aboue ten pounds in mony damnified & all other due damages according to Attachmt Dat. August: 29th 1674. . . . The Jury . . . founde for the Defendant costs of Court, allowed by the Court five Shillings & eight pence: The plaint. appealed from this Judgment to the next Court of Assistants and the saide Sammuell Legg principall in £5. & Jonathan Balston senr & Jno Williams as Sureties in 50s apeice acknowledged themselves respectiuely bound to . . . prosecute his Appeale . . .

    This maritime and equine case had already once been before the Court. See Davis v. Legg, above, p. 468; the documents of both cases are in S. F. 1348. Captain Legg’s explanation of why his ketch Endeavour failed to deliver Davis’ horse is in S. F. 1348.4. It begins with the following bill of lading (S. F. 1348.8):

    Shipped by the grace of God in good order & well conditioned by mee Thomas Davis and for my proper accompt in & upon the good Catch called the Jndeavor of Boston in New England whereof is Master under god for the present Voyage Samuel Legg and now rideing at anchor in the harbour of Boston and by Gods grace bound for the Jsland of Barbados, to Say one Jron gray horse with a bald face and a kinde of an L C on his Left buttock the .L. not very plaine but discernable two slitts on the top of the Left Eare & a notch on the right Eare behinde; with three tite hhds being marked & numbred as in the Margent, and are to bee delivered in the like good order & well conditioned at the aforesaide port of Barbados (the danger of the Seas onely exceptd) unto Capt John Merrick or to his assignes hee or they paying Freight for the saide horse at Nine hundred pounds of Muscovado Suger whether the horse Live or dye with primage & avarage accustomed. Jn Witness whereof the Master or purser of the saide Ship hath affirmed to three bills of Lading all of this tenour and date, the one of which three bills being accomplished the other two to stand voide & soe God send the good Ship to her desired port in safety Amen

    Dated in Boston the 26th of June. 1671.

    The Caske & horse received, Staving Excepted in the Water caske

    per Samuel Legg

    Ownd in Court by Samll Legg. July. 30th 1674.

    as Attests Jsa Addington Cler.

    Newyorke June. 3d 1673.

    J underwritten assigne & make over all my right title & interest of the within mentioned bill of Loading unto my trusty & welbeloved Freind mr Joseph Townsend of Boston as Witness my hand the day & yeare abouewritten

    Thomas Davis

    Witness. Jonathan Woodberry

    J Joseph Townsend doe hereby assigne or reassigne all my right & interest of the within mentioned bill of Ladeing unto the abouesaide Thomas Davis as Witness my hand this. 25th of July. 1674.

    Joseph Townsend

    Captain Legg explains in the following document (S. F. 1348.4) why the bald-faced gray found a home in Montserrat instead of Barbados.

    To the Honored Court & Jury Samll Leggs Declaration

    J doe Owne the bill of lading that is now against mee & would a performed it had not the Danger of the Seas prevented by reason the windes did hang very much Easterly in the Voyage and blowed soe hard that J could not keepe to Windward but forced to bare up, much to save the horses, whereof this in controversy was one of the Weakest, and when J came to the lattd of. 22d or thereabouts the Winde blowed soe hard that J was forced to goe two or three points from my course being very bad Weather, the Sixth day of August. 1671. J was much afraide of the Shoales of Brubuda & kept all hands on the deck all night or the most part of my men, being very desirous of day, and in the Morning J Look’t about the dawning of the day or a little after & see the Land; which was the Jsland of Grantar, about 2. leagues from the Shoare & had then been at Sea five weekes & something more, my horses very weake & their meate in a manner all done, the winde blowing very hard, J presently advised with my men & passengers & one & all saide let’s goe to any Jsland for there’s noe hopes to get to Windward with these horses, they being placed between decks, & then with a full consent wee bore up the helme & that day abouesaide wee came to an ankor in Mounseratt Rhode about Sun Set it rained & blowed very hard soe that J was much afraide of a Hurrycane & soe weare the people onshoare, J asked the best advice concerning my horses the landing of them, & it was the Judgement of every one that it was a Madness to keepe them onboard such Weather, J did land them & fitting the vessell & did intend to put to Sea; but it pleased god the Weather broke up & in four dayes J directed my Course for Barbadoes my port bound for & was three weekes going thither.—J Subscribe my Selfe yor Honors humble Servant

    Samll Legg

    . . . true Coppie . . . Jsa Addington Cler

    Two passengers on the Endeavour further deposed (S. F. 1348.9, 10) that there was no alternative to selling the horses at Montserrat since no dry fodder could be procured there.

    Captain Legg’s Reasons of Appeal (S. F. 1348.6) add nothing to his declaration. The appeal was duly heard by the Court of Assistants (Records, i. 27), which confirmed the former judgment with costs.

    The following document is filed with others of this case (S. F. 1348.5), but has nothing to do with it, being an early instance of unpleasantness between colonial skippers and the Royal Navy. The frigate in question was the Rose, which brought Edward Randolph to look over the situation.

    To the Honrd the Govenr with the rest of the Honrd Magestrates now Assembled in Generall Court at Boston this. 18th of Septembr 1673.

    The Remonstrance of Sammuell Legg Master of the Catch Endeavor of this place.

    Humbly Sheweth.

    That yesterday comming out of the Sea with sd Catch standing up this Harbour in Company of another Catch whereof James Elson was Master, hee being a head of us, before wee came up with the Kings Friggott, about a mile, they fired a shott at mr Elson from onboard the Frigott, whereupon J strooke my topsail, notwithstanding which, they fired at mee also, then J hailed my topsail close down, & hailed up part of my Mainsail & came under the Friggots stern, then they told mee J must not pass untill farther Order, but brought mee by the lee, & came onboard with theire Boate & tooke away my ancient & jack for the shott; severall provoakeing words passed betwixt the Gunner & my Mate, insoemuch that after they were all in the Boate, they came into the Catch againe with drawn swords & tooke my Mate away; J went afterwards onboard the Friggot & paide 6s & 8d for the Shot & redeemed my Colours; telling the Gunner hee might cleere my Mate also, hee replied if J did not hold my tongue hee would press mee, & soe did, & kept mee & my Mate prisoners onboard, & the Friggots men went onboard of my Catch & brought her to an anchor, & fell to drincking there, soe that when J came onboard the Catch againe J founde my men & severall of them very much in drinck.

    Samll Legg]

    Middlecot agst Carter

    Richard Middlecot the Order or Attourny of George DeWit plaint. agst Ralph Carter Defendt according to Attachmt Dat. Octobr 13th 1674. The plaint. withdrew his Accion.

    Holman agt Briggs

    Samuel Holman plaint. agst Abraham Briggs Defendt in an action of debt for not paying of thirty six pounds & ten shillings in currant mony due by bill & all other due damages according to Attachmt Dat. Octobr 22d 1674. . . . the Jury . . . founde for the plaint. viz: the bill thirty six pounds ten Shillings & costs of Court allowd by the Court twenty five shillings.

    Execucion issued 3.9br 1674. [274]

    Spowell agt Griffin

    William Spowell plaint. agst John Griffin Defendant according to Attachmt Dat: October 22th 1674. The plaint. was nonsuited in failure of process & costs granted the Defendant five Shillings & Ten pence.

    Execucion issued: Januro: 23. 1674.

    Tower agt Hobart &a

    John Tower senr plaint. against Capt Joshua Hobart, Daniel Cushing Deacon John Levit & Matthew Cushing or the major part of them, Representitives for the Town of Hingham or Selectmen for the saide Town Defendants in an action of the case for refuseing to give him & lay him out his proportion of land in the bounds of Hingham according to his proportion of house lotts, being in the possession of two house lotts & hath a right of commonage for two more, having a legall right to the divisions of four house Lotts & Land, being devided by house Lotts & ought soe to bee according to the purchase from the Jndians as appeares by theire Jndian Deed; which hee hath a Legall right unto, being one of the first inhabitants of the saide Town of Hingham and also a purchaser of the severall house Lotts as abouesaide as will appeare by his Deeds & graunts from the Town of the same; yet they refuse to lay him out his proportion of the severall shares of Land æquall to other men according to theire house Lotts, being about two hundred pounds damages & all other due damages according to Attachmt Dat: 19: of October. 1674. . . . The Jury . . . founde for the Defentts costs of Court allowed by the Court thirty eight Shillings.

    Execucion issued Xbr 9o 1674.

    Briggs agt Fogg

    Abraham Briggs plaint. against Ezekiel Fogg Defendant in an action of the case for witholding a debt of ten pounds nineteen shillings & three pence in mony due by bond and due interest & all other due damages according to Attachmt Dat. Octobr the 7th 1674. . . . The Jury . . . founde for the plaint. the bond & costs of Court. At the request of the plaint. upon hearing of both partys The magistrates chancered the bond to Eleven pounds five shillings in mony & costs of Court twenty Shillings & four pence

    Rawson agt Glover &a

    William Rawson (who married Anne the onely daughter of Nathaniel Glover deceased) plaint. against Habakkuk Glover of Boston & John Gurnell of Dorchester (who was guardians to the Children of the saide Nathaniel Glover Late of Dorchester deceased) Defendants in an action of Reveiw of an action of the case commenced & prosecuted at the Last County Court held in Boston in July last [275] for refuseing to give a true just & perticuler account of his or theire managment of the Estate of the sd Nathaniel Glover deceased & rendring or delivering unto the saide William Rawson his portion or one fourth part due to him in right of his wife in mony goods & Rents in theire or either of theire hands for severall yeares past since theire betrustment, by virtue of which action Judgment was granted for the plaintiffe Six pounds two Shillings & five pence & costs; which is very much short of what is the plaintiff’s due by aboue twenty pounds with other due damages according to Attachment Dat: 22th of October 1674. . . . The Jury . . . founde for the plaintife thirty seven Shillings damage & costs of Court allowed by the Court Forty eight shillings & eight pence: The plaintife appealed from this Judgment to the next Court of Assistants & the sd William Rawson principall in five pounds & Jno Dafforn & Jno Noyse Sureties in fifty shillings apeice acknowledged themselves respectiuely bound to . . . prosecute his appeale . . .

    [This is the review of a case based on the Glover will (above, p. 428) which was first tried at the July session this same year (above, p. 472). The following document (S. F. 26692) is endorsed “Glouers defence.”

    Whereas the plaintiffe sueth for a division of the reversions of lands, J answer, The Debts and Legacies, which by the will are to be paid before any division be made, do amount to as much as the vallue of the whole farme, therefore, we do not see how there should be any thing remaining in the farme to be divided, for there is by the will 400l to be paid to mr Thomas Glouer, also there is a debt of 200l pound, to be paid in England, to mr William Glover, due by bill and other accounts, also Two hundred pound apiece to be, to be paid, to John and Pelatiah Glover out of the farme, after their mothers death besides One hundred pound, pound a piece, which was to be paid before her death, which they have not as yet receiued, Soe that there is due to John and Pelatiah Glover each of them Three hundred pound apiece, that is Six hundred pound, to them two, which with the legacies to mr Thomas Glover and mr William Glover, is Twelve hundred pounds, which is more then the vallue of the farme, therefore we do not See how there Can be any thinge remayning for a division.

    Againe the plaintiffe together with his brethren haue already in possession some of the best of the medow of the farme, and Some of them have Sold and disposed of what they possessed, againe mrs Glover being desirous that John and Pelatiah Glover should have the farme, gave to her Son Nathanael a Conciderable part of the moovable estate, whereof there is 138 which we Can bringe proofe of. Mrs Glover also thincking that she might Sattisfy Nathanael and his Children, so well that they would not looke for any intrest in the farme, she gave them lands at Dorchester, more then halfe as much as all the Corne land or pasture land on the farme, which they have in possession, and some of them have Sold that which they possessed, therefore doubtlesse, the plaintiffe with his brethren haue receiued more then is equivalent to any intrest which they Can Justly Claime in the farme, and doubtlesse they will not disowne their possession of those lands mentioned, wh[ich] do appeare to be 138 acres under the hand of Deacon Capen Record[er.] Againe, as for John and Pelatiah Glover, they haue not yet receiu[ed] any more then four yeares rent of the farme, it is but Six yeares Since mrs Glover dyed, and building and reparation, tooke up two yeares rent, which Cannot pay any more then the Jntrest of the Debts and legacies.

    Rawson’s Reasons of Appeal are not preserved, but their nature is sufficiently indicated in Glover’s answer to them (S. F. 1459.4):

    Jn Answr to mr Wm Rawsons Reasons of appeale (as he calleth them)

    1 To ye first Reason, whereas the Plaintiff saith in his first Reason that if they or any two of them haue power to Lease, then much more to devide to ye heyres J answer John & Pelatja Glover doe not dispose, of any Land to make any devision thereof but only to Lease it, wch any man may haue power to doe, who hath not power to devide, amongst others, therefore it doth not follow yt because one who is sued (not in the right Capacitie) & yet hath power to Administer on the estate, & doth Lease the Land yt therefore he hath power to devide the Land, though the will doth forbid devision till legacjes be payd, yet it doth not forbid Leasing for then there could be no rent wherewith to pay either debts or legacjes

    2 To his 2d Reason J answer, what need is there of more proofe for the legacjes then the will, (as for the debts, when mr Habbacuck Glouer commeth, wch will shortly be he will make them appeare. Jn the meane while J am only a witness to the debts (& no heyre to the estate therefore not liable to be Sued) also whereas there is a Bill of mr John Glovers wch doth declare the sume, wch was forgott to be put into the Court wch is ready to appeare when required by Authoritie, As for ye legacjes ye will doth mention 400l to mr Thomas Glover, & also 400l to John & Pelatja Glover, after their mothers decease, besides 200l wch John & Pelatja should haue receiued before their mothers decease, these wth the Debt of 200l due to mr Willjam Glover, with the Jnterest of all these amounteth to more then the Rent of the Farmes. And whereas he saith that the estate was three tjmes as much as all ye debts & Legacjes J answer yet that estate did not pay any legacjes nor all the debts, neither had John or Pelatja any thing of it, but it appeareth by yt account wch Roger Billinge gave into the Court, that mr Nathaniell Glover & his children haue had that Estate or a great part of it, besides the horses wch mr Wm Rawson sued mr Habbacucke Glover for, wch was part of mrs Anne Glovers Estate: & besjds what was gjven to make ye land worth 400l

    3 To his 3d Reason whereas he is pleased to say that John Glover with hime-selfe as Appellant moved the Countie Court for a division (that is not so) also whereas the Appellant saith the Court declare that ye Appellant must sue at Common Law for a division, J know nothing of that neither, but if the Countie Court did so direct, that is nothing to ye now defendant, he being only a legatie & no heyre

    4 To his 4th Reason of appeale he Saith he that Sueth keepeth ye estate to his owne wronge & doth not pay the pretended Debts, J answer there hath not been time enough to pay all, for since our mothers decease there was two yeares rent layd out vpon necessarje Repaireations & building as appeares by Roger Billinge testimony [to &] this is but the Sixth year, wch is not to be reckoned, because the rent thereof is not due till the yeare be out Also whereas the present troublesome plantiue, makes a great wonderment as he saith, joyneing therewith his afflicted Condition, pretending he is kept out of an vndoubted right Saying yt ye defendant hath only a pretence of Debts to be payd wch is a mistake in ye Plaintiff to call them prtended Debts, when they are reall Debts, so not at all doubting, but this Honord Court will see Just Cause to Confirme the Just Judgement of the Last Countie Court, & ye Gentm of the Jurie the Same, so submitting my selfe to yor honors

    J am yor humble servant

    John Glouer

    When the action of appeal was called, “both parties Appeared & they both declaring they were Agreed the plantiffe wth the Courts Consent withdrew his Accion” (Records of Court of Assistants, i. 26).]

    Dafforn agt Lisly

    John Dafforn Factor or Agent to mr John Johnson of Thenerife plaint. against Robert Lisly Defendant in an action of the case for the non performance or breach of bill of Lading under the sd Lisly’s hand bearing date the 10. Febr 1673. as may appeare by sd bill of Lading & Jnvoyce & otherwise to the plaintifes damage in behalfe of his principall as aforesaide the Summe of thirty pounds in mony or thereabouts with interest & other due damages according to Attachmt Dat: 22: Octobr 1674. . . . The Jury . . . founde for the Defendant costs of Court allowed by the Court Seventeen Shillings & ten pence.

    Execucion issued 2: Novr 1674.

    Dafforn agst Lisly

    John Dafforn plaint. against Robert Lisly Defendant according to Attachmt Dat. 22: October. 1674. The plaint. withdrew his Accion.

    Nanney agst Garland &a

    Katharin Nanney Executrix to the Estate of Robert Nanney deceased plaint. agt Jno Garland & Henry Robie &a according to Attachmt Dat. October: 13th 1674. The plaint. withdrew her Accion. [276]

    Dafforn agst Holowall & Butler

    John Dafforn plaint. against William Holloway and Stephen Butler Defendants in an action of the case for or upon a trespass done by the sd Holloway & Butler by pulling down & removeing the sd Daffornes fence from of his land Lying before mr Richd Wooddes house in Boston & laying his land waste; which sd Land was purchased or leased by the Town or Select men of Boston first to Capt James Johnson & the saide Johnson convayed & made over all his right and interest of sd land unto Richd Woodde & by the sd Woodde in like manner made over & convayed unto the sd Dafforne as will appeare by Deeds & Evidences reference thereto being had which trespass & act as aforesaide is to the plaintife great damage in or to his title of sd Land & otherwise as shall appeare by proofe, which hee refers to & other due damages according to Attachmt Dat: 22th Octobr 1674. . . . The Jury . . . founde for the plaint. ten shillings damage & costs of Court allowd by the Court thirty seven Shillings & two pence.

    Whetcomb agt Gibbs

    Josiah Whetcomb assigne of Joseph Waters plaint. agst Benjamin Gibbs Defendt in an action of the case for detaining of a horse and a bridle & a saddle, whereby the plaintiffe is much damnified for want of the saide horse & other due damages according to Attachmt Dat: August: 24: 1674. . . . The Jury . . . founde for the plaint. damage six pounds in mony or that Benjn Gibbs return the sd horse with bridle & saddle as delivered within twenty four houres & costs of Court; allowd by the Court thirty eight shillings & sixpence.

    [For the beginning of this case, see above, p. 486 and p. 490, where the order of the court to the constable of Lancaster, that he should deliver Waters’ horse to Gibbs, supposedly, but not explicitly, in satisfaction of the former’s theft of a silver porringer from him, is recorded; also p. 493 where the judgment against Waters is recorded.

    Unable to make the restitution required by this judgment, and apparently assuming that the transfer of the horse to Gibbs was invalidated by the sentence, Waters immediately made an assignment of his property in the animal to one Josiah Whetcomb (S. F. 1424.11), on condition that the latter pay his fine and the sum awarded by the Court to Gibbs. After fulfilling his part of the agreement (Gibbs’ receipt for 5l 8s is in S. F. 1320.3), Whetcomb demanded the horse of Gibbs, who refused to surrender the animal; hence this action. Gibbs procured a review of the case in the April session, 1675: see below, pp. 587–92.]

    Atherton agst Lockwood

    Capt Jonathan Atherton plaint. against Capt Richard Lockwood Defendant in an action of the case for witholding a debt of Fifty one shilling in mony due for a Mercator draft & a shilling in mony Lent him; which mony hee promised to pay him long since as will further appeare; with due interest & all other due damages according to Attachmt Dat. October 6th 1674. . . . The Jury . . . founde for the plaintife viz. that the sd Lockwood return to sd Atherton a good Mercators draft or Fifty one Shillings in mony & costs of Court allowed by the Court twenty three Shillings & four pence. Execucion issued 3. Novembr 1674. [277]

    Chappell agst Marshall

    Nicholas Chappell plaint. against Capt Thomas Marshall of Lynn Defendt in an action of the case for witholding the Summe of thirty four pounds in mony due for wines sold him as appeares by Booke & all due damages according to Attachmt Dat. Octobr 20th 1674. . . . The Jury . . . founde for the Defendant costs of Court allowed by the Court nine Shillings.

    Parkman agt Townsend

    Elias Parkman plaint. agst Joseph Townsend Defendant in an action of debt of Eleven pounds Sterling mony of New-England due by a bill or bond under his hand as will further appeare by saide bill & due interest & all other due damages according to Attachmt Dat. October 19th 1674. . . . The Jury . . . founde for the plaintife viz: the bill to pay in mony Eleven pounds & costs of Court three & twenty shillings & two pence: The Defendant appealed to the next Court of Assistants & the sd Joseph Townsend principall in two & twenty pounds & Richard Knight & Jno Keen as Sureties in Eleven pounds apeice acknowledged themselves respectiuely bound to . . . prosecute his Appeale . . .

    [A copy of the bond in question is in S. F. 1347.3. It is an obligation to pay 11l, current money of New England,

    . . . upon a proviso that William Waterland of Barbados Merchant dus not pay or cause to bee paide unto the saide Parkemans Attourny Richard Nuball Merchant in Barbados the full & just Summe of Eleven hundred Ninety & two pounds of Muscovado Sugar or the value thereof in mony at or before the tenth day of November next ensuing being the remainder of a bill of three thousand One hundred and Fifty pounds of Muscovado Sugar due for Freight of a parcell of goods consigned unto James Fauntleroy Merchant in the saide Barbados that were Ship’t onboard the Ship Jane & Sarah of Boston the saide Parkeman Commander. . . .

    A copy of Parkeman’s bill of costs, and a copy of writ, return, and bond for Townsend’s appearance to answer to Parkeman’s complaint. dated 19 Oct., 1674, are also in S. F. 1347.3.

    S. F. 1347.2

    The Resons of Apeale from ye Judgment of ye honered County Court held yc 27th of 8ber 1674 att boston, in ye Case yt Elias parkeman was plaintiue & Joseph Townsend Defent Vnto this honered Court of Assistance

    Where as ye Apealant was sued vpon A bill wch was Conditionall in wch the princeple or Reall debt is but 1192 pounds of suger payable in barbados at 5 score to yehundered wch some of suger there; was at ye time due & now by Account Cvrrant worth but a boute 10s per sd hundered pond as is Comonly soe bought there & many Considerable quantatys haue bin soe bought here to bee payd for in this mony when advice is Receued here of ye payment of ye suger in barbados after wch Rate ye sayd some of suger is worth at a Just & true value in new England mony but about 6: pounds; & yet ye Apealant is Condemned to pay for sd some of sugr Eleuen pounds in mony wch is nere duble ye Value of it soe yt ye Apealant doe humbly Conceue ye merrit & Equity of his Case was not Considered Efectually; for yt ye Apealant Can bee Justly indebted noe more then ye value of ye sugr as afore sd & interest there yt wch will not Amount to Eight pounds at ye highest Rate of debt & damages by interest or others: wch is all that Can Equaly or Justly bee due or desiered as Conceued; ye Consideration here of is humbly presented vnto this honnered Court & gentlemen of ye Jurey for Reliefe to ye Apealant herein by yor most humble servant, in behalfe of & as Attorney to sd Joseph Townsend

    per me Christopher clarke

    dorothy townsend

    These Reasons were received Febro 20th 1674.

    per Jsa Addington Cler

    The Court of Assistants (Records, i. 24) confirmed the former judgment.]

    Calley agst Hasket

    Hanna Calley Attourny to her husband Joseph Calley plaint. agt Stephen Hasket of Salem Defendt according to Attachmt Dat: Octobr 8th 1674. The plaint. withdrew her Accion.

    Hudson agt George

    Capt William Hudson plaint. agt Richard George living at Capt Hudsons Farme at wading River Defendant in an action of the case for breach of Covenant in non paiment of three yeares rent & upward & disorders in his house contrary to his saide Covenant to the damage of about One hundred pounds with interest & all other due damages according to Attachmt Dat: Septembr 22th 1674. . . . The Jury . . . founde for the plaint. viz: three yeares rent & about ⅓ due according to Covenant which is One hundred Sixteen pound thirteen Shillings & four pence & costs of Court allowed by the Court Fifty eight shillings & eight pence.

    Execucion issued Novembr 2: 1674. [278]

    Hudson agt Brown

    Capt William Hudson plaint. agt William Brown senior of Salem Defendant according to Attachmt Dat. 19th of September 1674. The plaint. withdrew his Accion.

    Hudson agt Hunt

    Capt William Hudson plaint. agt John Hunt Defendant according to Attachmt Dat. October 21th 1674: The plaint. withdrew his Accion.

    Wright agt Hall

    Capt William Wright of Boston plaint. agt Ralph Hall of Exeter Defendant in an action of debt for seven thousand five hundred foote of Merchantable pine boards due by booke as with his hand thereunto set may appeare; which boards were to bee delivered in Aprill last at Boston & all due damages according to Attachmt Dat. Septembr 29th 1674. . . . The Jury . . . founde for the plaint. seven thousand five hundred foote of Merchantable pine boards at Boston & costs of Court, allowed by the Court thirty Shillings.

    Smith agt Newman

    John Smith (Attourny to George Smith of the Island of Tenerife Merchant in behalfe of the sd George Smith & Company) plaint. agt Thomas Newman Late Master of the Ship Speedwell of Salem Defendant for witholding the Summe of six hundred pounds of Lawfull mony of New-England due for breach of Charterparty under his hand & Seal made between him saide Newman on the one party & Thomas Russell & John Dafforn in the behalfe & for the Acco of the sd George Smith & Company on the other party bearing date the twentieth day of December Anno 1673. the sd Newman not having delivered the goods Shipped per saide Russell & Dafforn for Acco aforesd according to bill of Loading under his hand Dated the sd 20th day of Decembr 1673 & also the sd Newman having Loaden a considerable part of the sd Ship Speedwell during the sd voyage for his own or his freinds Acco whereby the goods of the sd Smith & Company were not carried in sd Ship being to theire great damage; with other due damages according to Attachmt Dat. Octobr 16th 1674. . . . The Jury . . . founde for the plaint. the breach of the Charterparty six hundred pounds & costs of Court allowed by the Court five pound three Shillings. The Defendant appealed from this Judgment to the next Court of Assistants & the sd Tho: Newman principall in twelve hundred pounds [279] & mr William Brown senr & John Turnor as Sureties in six hundred pounds apeice acknowledged themselves respectiuely bound to . . . prosecute his Appeale. . . .

    Paine to Balston

    Samuel Paine of St Christophers personally appeared in Court 27.8br 1674 & acknowledged a Judgment against himselfe & Estate for Fifty pounds in mony unto Jonathan Balston senr of Boston for the use of Ralph Willet of St Xtophers being for soe much due according to bill Dat. Febr 3.7¾ with interest

    Present

    • Simon Bradstreete
    • 27:8br 74.
    • Major Tho: Clarke
       

    Williams to Wharton

    Personally appeared John Williams of Boston Barber and acknowledged a judgment against himselfe & Estate for fifteen pounds Eighteen Shillings in mony unto mr Richard Wharton: Execucion by consent to bee respited for one month.

    Fishers Licence

    Joshua Fisher is allowed to keepe a house of publique Entertainment in Dedham to Sell wine beere & Sider by retail till Aprill Court next and the sd Joshua Fisher principall in ten pounds & Elder John Wiswall & Capt Daniel Fisher as Sureties in five pounds apeice were bound in Court for his observance of the Laws title Jnkeepers with theire additions.

    Jacklens discharge

    Edmund Jacklen of Boston is freely discharged from attending Ordinary Trainings in Capt Savage his company without paying any thing yearely to the use of the Company.

    Henningwayes bonds continued

    Ralph Henningway & Joshua Hews senr appeared in Court and declared that Ruth Henningway for whose appearance they were bound to this Court was not yet delivered & they desired the case might bee continued till the next Court of this County, they declaring they continued theire bonds till then.

    Grandjury dischargd

    The Grandjury brought in theire bill of presentments. 28: 8br 1674 & were discharged.

    Order concerning mrs Sarah Pickering

    Whereas mrs Sarah Pickering was presented to this Court by the Grandjury for living from her husband: The Court on perusall of Evidence given in & Letters from her husband wherein hee doth renounce her as a wife & declares that hee never will come to her nor receive her as a wife nor liue with her as a husband The Court judge that the sd presentment doth fall & doe declare they see noe reason for her to bee presented or complained of for the future as a transgressor of the law in that kinde

    Veering dischargd

    Vpon due proclamacion made John Veering was discharged from his bonds of good behaviour.

    Audit for Gillams Accompts

    The Court Orders & appoints Capt Tho: Lake, mr Jno Richards & mr Peter Lidget a Committee (with consent of the persons) to audit the Account presented to this Court by Capt Benjamin [280] Gillam & mr Joseph Gillam of theire administracion to theire Father Benjamin Gillam his Estate & to receive & hear what Objections may bee presented by mr Richard Sharp or others concerned in the same against that accompt & to make an ajustment thereof & in case they finde anything of difficulty to present it to the Court & to make theire Return of what they doe herein upon Thursday 12th Novembr next. Capt Tho: Lake to appoint time & place of meeting & all persons concerned are required to give theire attendance.

    Foggs bond

    Ezekiel Fogg principall in Fifty pounds & mr Francis Johnson & Henry Harwood as Sureties in twenty five pounds apeice all in mony acknowledged themselves respectiuely bound in Court to the Treasuror of the County of Suffolke on condicion that the sd Ezekiel Fogg should personally appeare at the next Court of this County to answer for what hee shalbee charged with by Mary Hawkins for committing Fornication with her & begetting her with Childe & that hee should abide the Order of the Court therein & not depart without Licence & in the meane time bee of good behavior

    Deerings Estate Setled

    For the Setlement of the Estate of the late Samuel Deering of Brantery, his widow presenting an account of her administracion to the sd Estate The Court discharges her from her sd administracion & confirme the Estate Left upon the widow for her own Subsistence & bringing up of her Children & Order that the widow pay twenty Shillings apeice to the 7. youngest Children left by her sd husband as they arrive at theire respective ages The Eldest having had her portion already: And if there appeare to bee any Estate of Land at Quinebauge that was the sd Deerings that it bee equally devided between the sd Deerings eight Children when it is made to appeare.

    Hubart Fined 40s

    John Hubart of Hingham & his now wife being presentd by the Grandjury for committing of Fornication before marriage, hee appearing acknowledged the Fact. The Court upon consideration of what hee alleaged by way of excuse & his sorrow for his offence, doe Sentence him to pay Forty Shillings in mony as a fine to the County in the behalfe of himselfe & his wife & to pay fees of Court standing committed untill the Sentence bee performed.

    Blake alias Briggs Sentencd

    Joseph Blake, alias George Briggs being committed to prison to answer for his Suspitious company keeping with Deborah the wife of George Burrill & practising evill agst the sd George; for night walking & prophane Swearing Upon due consideration of what was alleaged & proved against him, (hee acknowledging himselfe to bee a married man in Lime, in England) The Court Sentencd him to bee severely whip’t with thirty Stripes & to pay fees of Court & prison standing committed untill the Sentence bee performed & to pay charges of prosecution [281] and Order him to return to England to his wife by the next oppertunity of Shipping on the pcenalty of twenty pounds in mony to bee forfited to the County.

    Order to Summon the Execrs of the late Govrs will

    In pursuance of an Order of the Generall Court respecting the will of the late Governr Richd Bellingham Esqr The Court Orders the Clarke to Summons the Execrs of sd will & mr Richd Wharton to attend on thursday 12 Novembr instant, after Lecture with reference to the sd Order.

    Burrell & Adams’s bond forfitd

    George Burrell & Abraham Adams being bound in a bond of Forty pounds for appearance of Deborah the wife of sd George Burrell at this Court: Shee not appearing upon due calling they her Sureties making answer Shee was escaped The Court declared theire bond forfited afterwards upon the petition of the sd George The Court was pleased to remit the forfiture, the sd George Burrell paying ten Shillings in mony as a fine to the County for his being drunck & fees of Court.

    Farnham Sworn a Freeman

    Joseph Farnham of Boston tooke the Oath of Freedom of ys Colony

    Harding & Tillinghast Admonish’t

    Stephen Harding & Pardon Tillinghast both of Providence being bound over to this Court to answer for theire comming from Providence to the Town of Mendam to Seduce people to theire corrupt opinions, they being called did appeare: and upon hearing & consideracion of what was alleaged against them & what themselves Owned, none of the Town of Mendam nor in theire behalfe appearing to prosecute them The Court Admonished them & warned them of comming to Mendam for any such end Ordered them to pay fees of Court & dischargd them

    Adams’s presentmt continued & order for Summons

    Jonathan Adams of Medfeilde & his wife being presentd to this Court to answer for theire absenting from the publique worship & being Summoned to appeare, hee excused his non appearance with the Sickness of his Family. The Court continued theire presentmt till the next Court of this County & Order them then to bee Summoned.

    Punnell’s imprisonmt continued till Shee finde Security

    Mary Punnell being committed to prison to answer for her Escaping from a former Court when Shee was upon tryall for severall misdemeanors & now appearing confessed that Shee was with Childe by James Jarrett The Court Orders that Shee bee continued in prison till Shee give in Security of five pounds for her appearance at the next Court of this County.

    Pope Admonish’t

    Thomas Pope being complained of for helping to conveigh away Mary Punnell from the hands of Justice, hee appearing Owned that hee did carry her over Boston Neck, but knew not that Shee was under any restraint: The Court Sentencd him to bee admonished & to pay fees of Court.

    Freemen Sworn

    Tho: Bligh, Tho: Smith, Richd Sharpe & William Jngram all of Boston being admitted to the Freedom of this Colony by the Generall Court were now Sworn. [282]

    Forbes Fined 4li

    Alexander Forbes, being committed to prison to answer for his committing of Fornication with Katharin now his wife before marriage; which hee confessed in Court: The Court Sentenced him to bee whip’t with fifteen Stripes or to pay four pound in mony as a fine to the County in behalfe of himselfe & his wife & fees of Court Standing committed untill the Sentence bee performed.

    Forbes Sent

    Katharin Forbes late Robbinson being bound over to this Court to answer as abouesd which Shee confessed in Court: The Court Sentenced her to bee whip’t with ten Stripes when Shee is delivered of the Childe Shee now goeth withall in case the four pound abouesd bee not paide by her husband & fees of Court Standing committed untill the Sentence bee performd

    Harris Sent

    Abraham Harris being committed to prison to answer for his Stealing of goods from the widdow of Jsaac Walker at the late fireing & blowing up of her Shop by Gunpowdr the saide Harris confessed in Court that hee did take up a peice of duecape silke which was founde with him valued at 11li The Court Sentencd him to bee whip’t with twenty Stripes or to pay five pound in mony as a fine to the County and to return mrs Walker her silke again & to pay her two & twenty pounds in mony being that threefold restitution that the Law requires & to pay fees of Court & prison standing committed untill the Sentence bee performed.

    Bedwell Sent

    Samuel Bedwell junr bound over to this Court to answer for his stealing of severall parcells of Ribbon from Asaph Eliott valued at 38s some part of them being returned again Upon hearing of what was alleaged & proved against him & what himselfe confessed The Court Sentencd him to bee whip’t with twenty Stripes and to pay unto Asaph Eliott five pounds Fourteen Shillings in mony being that threefold restitution the Law requires discounting what hee hath already received in part thereof & to pay fees of Court Standing committed untill the Sentence bee performed & Order the Selectmen of Boston to take care to dispose of him to some good Service and Bezaliel Leveret a Childe who as hee saith founde some yardes of ribbon of the saide Eliotts amongs’t his Shreads in his workehouse & sold it to the saide Bedwell The Court Orders his Father mr Hudson Leverett to correct him in the pursence of a Constable.

    Morton Ordered to depart this Colony

    Henry Morton being committed to prison to answer for Suspition of his having a hand in convaying away Deborah the wife of George Burrell & goeing in a Suspitious manner between her & Joseph Blake alias George Briggs in prison since hee was committed & Shee under Sureties to answer for Suspitious Company keeping The Court Ordered him to bee continued in prison till hee give in bond of 20li with Sureties to bee of good behavior till the next Court of this County & then to appeare. Jn answer to his peticion The Court afterwards Ordered him to give his own bond of 20li to depart this Colony [283]

    Order for Dubleday’s bond for good behavior

    The Court Orders that Roger Dubleday renew his bonds for the good behavior till the next Court of this County.

    Hunt & Hawkins Ordered to pay charges

    John Hunt Butcher being prosecuted by Tho: Drake of Waymouth for killing another mans Oxe & Wm Hawkins junr being his partner The Court upon hearing of what was alleaged & proved against them & what themselues answered by way of Excuse, Ordered them to pay Tho: Drake thirty Shillings in mony for his charges of prosecution.

    Order concerning Curles goods

    The Court Orders that Jsa Addington doe take into his custody & secure all such goods & household Stuffe as shalbee founde in the possession of Nicholas Curle, who lately came from Bristoll, or that doe belong unto the sd Curle untill farther Order; and that hee Signify to Capt Robert Vicaris at Bristoll that the saide Curle is Seized & what goods are founde with him & the persons Names to whome they doe belong, requesting him to give Notice thereof.

    The Court Adjourned to Thursday. 12th Novembr at nine a clock in the morning.

    Townsend & Thayers discharge to mrs Penn

    Whereas Elder James Penn late of Boston deceased did by his last will & Testament give & bequeath unto us Hanna Townsend his Sister & unto Nathaniel Thayre in right of his wife Deborah his Kinswoman to each of us a Legacy of Fifty pounds apeice in mony to bee paide to us after the decease of his widdow & Relict (and Executrix of his last will) mrs Katharin Penn: Now Know all men by these pursents that wee the saide Hanna Townsend & Nathaniel Thayre for & in consideration of the Summe of Forty pounds apeice in mony to us in hand paide by mr James Allen agent for the saide mrs Penn the receipt whereof wee doe hereby acknowledge doe each of us for orselves or heires Executors & administrator for ever remise release & quitclaime unto the saide mrs Katharin Penn her heires & Execrs of & from the saide Legacy & Legacies & all other claimes & demands that wee or either of us might or should haue unto the Estate late the saide James Penns by virtue of his last will & Testament. Jn Witness whereof wee the abouesaide Hanna Townsend & Nathaniel Thayer haue hereunto put or hands this 24th of Novernbr 1674 @

    the marke of

    Hanna H T Townsend

    Nath: Thayer

    Signed & Deliuered in the pursence of us

    John Wiswall senior

    Anthony Stoddard senior

    Jsa Addington 24–9–74

    Hanna Townsend & Nathaniel Thayer acknowledged the aboue written to bee theire act & Deed. 24 9br 1674 before mee Edward Tyng Assist.

    Entred per Jsa Addington Cler [284]

    November 12th 1674 @

    The Court met according to Adjournmt

    Present

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

    Order for Margart Stevens returning to Charlestown

    The Court Orders that the Clarke grant a warrant to the Constable of Boston to return Margaret Stevens the wife of Thomas Stevens to Charlestown the place of her aboade, Shee being left there by her husband & provided for: The Court declaring that if any matter of charge happen by her & a dispute should arise about the same, that the Law is open; and that the Ferrimen doe not abridge her of passing too & again as other persons doe

    Connigraves fine remitted to 10s & fees

    Jn Answer to the petition of Elizabeth Connigrave referred to this Court from the Generall Court: The Court doth remit the fine of 5li imposed upon her at a former Court upon her present paiment of ten Shillings in mony to the County Treasuror & fees of Court.

    Nickson Fined 5li

    Hope Nickson convict in Court by her own confession of Selling strong beare & some brandy without Licence The Court Sentencd her to pay five pounds in mony as a fine to the County & fees of Court:

    Order concerning Bumpas

    The Court Orders the Clarke to issue out warrant to the Constable of Boston to apprehend Hannah Bumpas & to put her onboard of some Boate bound for Hingham or Scituate, that Shee may bee returned to Marshfeilde the place of her aboade the Selectmen of Boston having Entred caution agt her abideing here in this Town.

    Lock & his wife admonished

    George Lock & Ruth his wife appearing before this Court, the sd Lock being complained of by his wife for severall abuses offered to her: The Court upon hearing of the matter doe Sentence the sd George & Ruth Lock to bee admonished & to pay fees of Court & Order the sd Ruth to live with the sd George Lock as her husband

    Dobleday Fined 5li

    Roger Dobleday being bound over to this Court to answer for Suspition of his taking & rideing away of a horse of Tho: Dunns of Waymouth. The Court upon hearing of the severall Evidences & pleas in the case; as also what agreement the sd Dobleday had made with Tho: Dunn about the sd horse (with the consent of the Court) as to his Satisfaction, and what the sd Dobleday acknowledged in his petition as to his confœderating with & conniving at an Jndian’s takeing & rideing of the sd horse (which Indian was his pilot) the saide Dobleday at the time thereof being under bonds of good behavior The Court declared his bond for the good behaviour to bee forfitd and doe Sentence the sd Dobleday to pay five pound thereof in mony presently & fees of Court: and respit the taking of any more thereof untill farther Order hee standing committed untill hee pay the saide Summe.

    Gillams Estate Setled

    For the Setlement of the Estate of the Late Benjn Gillam senr deceased, that is yet Left undisposed of: The Court having appointed a Committee to audit the accot presented to this Court of Benjn & Joseph Gillam theire administracion to that Estate who haue made theire Return: And wt was Left undetermined [285] by the sd Committee, having been resolved by the Court, there being now the Summe of two hundred & Eighteen pounds twelue Shillings & nine pence left to bee devided of that Estate: The Court considering that Joseph Gillam hath already received his portion out of that Estate given to him upon his marriage The Court Orders that the sd Estate of two hundred & Eighteen pounds twelue Shillings & nine pence bee devided into two equall parts, the one halfe thereof to bee to the use of Capt Benjn Gillam & his heires for ever; the other halfe thereof to bee devided into two equall parts between Zechariah Gillam and Richd Sharpe (who married with Hanna the daughter of the late Benjn Gillam) to the use of them & theire heires for ever; Zechariahs part to bee paide in to the sd Sharpe as hee is Attourny, and if at any time hereafter there appears to bee any more Estate of the sd Gillams not yet known or Jnventoried, that it bee disposed of to the abouesaide three persons according to the same proportion: And that what Estate did belong to the widdow & Relict of the sd Benjn Gillam at her decease bee disposed of according to her last will: and that mr Benjn & Joseph Gillam fulfilling this Order are discharged from theire sd administracion.

    Order for Watsons appearance

    The Court Orders that Elisabeth Watson appeare the next Court of this County to give in her Reasons why mr Humphry Warren & Capt Samuel Mosely should not bee discharged from theire paiment towards the Maintenance of her illegitimate Childe begotten by Samuel Warkeman, for whome the sd Warrens predecessor & sd Mosely were Sureties; otherwise they shalbee discharged.

    Phillips’s discharge

    Deacon John Phillips presenting an accot of his administracion to the Estate of Alice Clarke widdow deceased: The Court Orders, the ballance of his Accot being Sixteen Shillings & six pence to bee deliuered to Susanna Francis the daughter of the deceased & the sd Phillips is discharged of his sd Administracion.

    Turners discharge

    mr Wm Turner presenting an accot of his administracion to the Estate of Daniel Guppy deceased was discharged therefrom.

    This Court dissolved Novembr 13th 1674. @ [286]