Jury of Tryalls Sworn
[Weaver v. Woodbridge]
John Weaver plaint. agt Thomas Woodbridge Defendant in an action of the case for witholding his booke of accompts whereby hee is greatly disabled to make up a just accompt with the present Defendant & others to the damage of the plaintife about one thousand pounds & all other due damages according to Attachmt Dat. January 8th 1674. . . . The Jury . . . founde for the Defendant costs of Court
[Weaver v. Woodbridge]
John Weaver plaint. agt Thomas Woodbridge Defendt according to Attachmt Dat. January 8th 1674. The plaint. withdrew his accion upon entring bond in Court with the Defendant for an Arbitracion
[Deane v. Bishop]
Thomas Deane of Boston plaint. agt Thomas Bishop of Jpswich Defendant according to Attachment Dat. Decembr 16th 1674. The plaint. withdrew his action.
John Harrison plaint. agt Ensigne Richard Woddee Defendant in an action of the case for that the saide Woddee did injuriously cut down the Fence upon the Land of the saide Harrison claiming interest in the saide Land calling it common Land, pretending Town Order to make the Land common to the damage of the saide Harrison at Least two hundred pounds with other due damages according to Attachmt Dat. January 15th 1674 . . . the Jury . . . founde for the plaint. two Shillings damage & costs of Court, allowed by the Court twenty Five Shillings & eight pence.
Execucion issued February 8th 1674.
[See the review of this case, Woody v. Harrison, below, p. 651.]
[Woodcock v. Hues]
William Woodcock of Hingham plaint. agt John Hues of Hingham Cooper Defendt in an action of the case to the value of three pounds & eight Shillings for Eight cords & a halfe of wood wch the sd Hues received of the sd Woodcock to Freight to Boston in a boate called the Forrester wch the sd Hues then went in, in the yeare of our Lord. 1665. or thereabouts, wch sd wood the sd Hues was to deliver to mr Peter Oliver of Boston on the account of the sd Woodcock the sd Hues being paide Freight for the sd wood; which sd wood the sd Woodcock have noe Legall account of with all due damages according to Attachmt Dat. 16th of Decembr 1674. . . .  The Jury . . . founde for the Defendant costs of Court, allowed by the Court Fourteen Shillings & four pence.
Execucion issued. Janry 29o 1674.
Holloway & Butler agt Dafforn
William Holloway & Stephen Butler plaints agt John Dafforne Defendt according to Attachmt Dat. January 20o 1674. The plaints withdrew theire Action upon agreement of a referrence of the case to the Gov Edward Tyng Esqr & major Tho: Clarke Esqr & all the Select men of Boston, to abide by theire determinacion or the major part of them in the case & engaged themselves in two hundred pounds apeice each to other to performe theire award.
vide p: 303
William Spowell plaint. agt John Griffin Defendt according to Attachmt Dat. January. 21th 1674. The plaint. withdrew his accion & costs granted the Defendt for Attendance three Shillings.
Lytherland agt Veren
William Lytherland plaint. agt Hilliard Veren Clerke of Salem Court Defendt in an action of the case for that hee the saide Veren under colour of his office hath granted forth an Execucion bearing date the .26. (6). 74. contrary to Law, upon which occasion the saide Lytherland is executed upon imprisoned & retained in prison to his damage of about Sixty pounds in mony with all other due damages according to Attachmt Dat. Novembr 7th 1674. . . . the Jury . . . founde for the Defendant costs of Court, allowed by the Court, twelve Shillings Six pence.
[See above, pp. 500–4.]
Woodbridge agt Weaver
Thomas Woodbridge plaint. agt John Weaver Defendt according to Attachmt Dat. January 9th 1674. The plaint. withdrew his action upon entring bond in Court with the Defendant for an Arbitracion
Sheffield agt Harrison
Thomas Sheffield plaint. agt John Harrison Defendt in an action of the case for refuseing to deliver up all writings that belong to a parcell of Land which the plaint. bought of & was delivered by the saide Harrison to saide Sheffield in the Yeare One thousand Six hundred & Sixty four as by a Deed of the same date may appeare whereby the plaintiffe is damnified the value of Fifty pounds & all other due damages according to Attachmt Dat. January: 18th 1674. . . . the Jury . . . founde for the Defendt costs of Court allowd by the Court two Shillings 2d
Allen agt Emmons
Bozoon Allen plaint. agt Obadiah Emmons Defendt in an action of debt of Sixteen pounds or thereabouts due upon ballance  of Account & all due damages according to Attachmt Dat. Xbr 3d 1674. . . . The Jury . . . founde for the plaint. thirteen pounds twelve Shillings & Six pence in mony & two pounds four Shillings & four pence in hides at mony price & costs of Court twenty one Shillings. Execucion issued pro Febry 1674.
Norden agt Roades
Samuel Norden plaint. agt John Roades Defendt according to Attachmt Dat. October. 24th 1674. The plaint. withdrew his action.
Cutler agt Jacob
Samuel Cutler of Salem Sonn & heire to John Cutler deceased plaint. agt John Jacob Senior of Hingham Defendt in an action on the case to the value of twenty pounds for the saide John Jacob refuseing to give the saide Samuel Cutler possession of a great Lott lying in Hingham wch sd great Lott containeth twenty acres of Land & was granted to the saide John Cutler deceased by the inhabitants of the Town of Hingham on the great plaine with all due damages according to Attachmt Dat. Decembr 21th 1674. The parties by consent referred this case to the Eleven Jurors. . . . The Jury . . . founde for the Defendt costs of Court, allowed by the Court twelve Shillings & eight pence.
Hutchinson agt Paine
Eliakim Hutchinson & as hee is Executor to the last Will & Testamt of his Father Richard Hutchinson Late of London deceased plaint. agt John Paine of Boston Defendt in an accion of debt for not paying unto the sd Eliakim Hutchinson ten tunn twelve hundred of merchantable barr Jron, nor unto the sd Richard Hutchinson in London the Summe of one hundred Sixty nine pounds 12s sterling mony due by Obligacion bearing date the 28o December 1664. with forbearance & all other due damages According to Attachmt Dat. Decembr 24. 1674. . . . The Jury . . . founde for the Defendt costs of Court, allowed by the Court Eleven Shillings: The plaint. appealed from this Judgement to the next Court of Assistants. & the sd Eliakim Hutchinson principall in Five pounds & Capt Edward Hutchinson & Free Grace Bendall as Sureties in Fifty Shillings apeice acknowledged themselves respectiuely bound to . . . prosecute his appeale. . . . 
[The iron-works at Lynn were responsible for an immoderate amount of litigation (see Fogg v. Williams, p. 543, Leverett v. Fogg, p. 547, and Thayer v. Paine, p. 563, below). This particular case arose out of a specialty, or promise made under seal, of 1664 (S. F. 1362.6):
These presents Witness that J John Payne of Boston in New-England doe binde my selfe heires & Executors and administrators to pay unto Eliakim Hutchinson now resident in Boston Attourny to his Father Richard Hutchinson or to his or theire heires Executors and assignes the just quantity of tenn tunn twelve hundred of Marchantable barr Jron at or before the last day of Septembr next ensuing the date hereof in case of non payment of the forementioned Jron then to pay unto the saide Richard Hutchinson or assignes at the angle & Starr in Cheapside in London the Summe of One hundred Sixty nine pounds twelve Shillings Starling. Jn Witness whereof J haue hereunto Set my hand & Seale this 28o of December One thousand Six hundred Sixty & four; the saide Jron to bee paide at the Warehouse of the saide Hutchinson in Boston which is in full payment for the interest of the saide Hutchinson in the Jron workes
Per mee Jno Paine & a Seale
Signed Sealed & Delivered in the presence of and his words (or assignes) enterlined before the Sealing & Signing hereof.
Geo: Pearson Sworne Saith that hee was present at the Signing & Sealing this Wrighting & put his Name thereto as a Witness
Before Tho: Clarke assist this. 27. 11. mo 74.
Ownd in Court by mr Jno Paine Januro 27. 1674.
as Attests Jsa Addington Cler.
. . . true Coppie . . . Jsa Addington Cler
Paine’s copy of a disputed collateral agreement of 1667 between Richard Hutchinson, Oliver Purchase, and himself follows (S. F. 1362.7). It will be observed that this does not indicate that the agreement bore a seal, and does not show whether all three parties signed the agreement. The signature of Eliakim Hutchinson merely attests the accuracy of the copy. His contention throughout the case was that this agreement, even if ever executed, was unsealed, and so could not supersede the formal, sealed document of 1664.
Know all men by these presents that wee Oliver Purchase & Jno Paine of New-England to ingage jointly & severally to pay unto Richard Hutchinson Jron Monger or any Agent of his in New-England the just quantity of ten tunn twelve hundred of Marchantable Barr Jron out of the first blast that the saide Purchase & Paine shall haue from the Jron workes of Lyn except some inevitable accident doe happen that the saide Workes cannot produce such a quantity of Jron then there shalbee a longer time granted for payment of the same for the true performance of which wee haue hereunto put our hands and Seales this thirtieth day of January Anno Sixteen hundred Sixty Seven; it’s to bee understood that there shalbee allowed to the sd Purchis & Paine to make for theire use in carrying on the workes ten tunn of Jron & then the aboue quantity to bee paide unto the saide Hutchinson, this Obligation being performed the saide Hutchinson is to deliver up to the sd Paine his bill formerly given to pay the saide quantity of Jron or mony in England and to give him a Deed for the part of the Jron workes sold him. This is a Coppie of the Obligacion given mee.
. . . true Coppie . . . Jsa Addington Cler.
S. F. 1362.9
The Testimony of Oliver Purchis aged Fifty & Six, who testifieth & saith that mr Eliakim Hutchinson made an agreement or contract with mr John Paine of Boston and myselfe as Security for the payment of ten tunn & twelue hundred of Jron with relation to an interest in the Jron workes of Lyn as in that writing is specified; which writing beareth date the thirtieth day of January. 1667. & that the paper given into Court now of that saide date is the paper that mr Hutchinson aforesaide gave to this Deponent as the Coppie thereof under his hand & farther Saith not
Sworn in Court Januro 29. 1674
as Attests Jsa Addington Cler
. . . true Coppie . . . Jsa Addington Cler
In the following Reasons of Appeal by Hutchinson (S. F. 1362.3), the admission by the appellant that proving of payment could make void a sealed instrument is remarkable if meant as a legal rule, since payment did not become a defense to a specialty in the English law courts until 1707 (by statute). Perhaps the courts of the colony had already adopted this rule for practical convenience.
Eliakim Hutchinson his Reasons of appeale in the Case between him as plantff & John Paine Defft tryed at the last County Court in Boston
Becaus the speatialty which the plantff Sues appears in Court Faire & vncancelled & owned by the Deffendt in Court to be his hand & seale & his act & deed, and he doth not so much as pretend any payment of any part of the same therein specified to be paid to the plantff or his order, therefore the sd speacialty must of Necessety stand Good and in full force against the defendt (both in law Reason & equity) as J humbly conceiue, yett notwithstanding the Jury at ye last County Court weare pleased to finde against mee Wherefore J appeale to this honrd Courte
And whereas the Deffendt pretends a Collaterall agreement that Cutts off the force & bindeing vertue of the speatialty J sue, J doe posetiuely denigh any such agreemt, neither doth any such agreement or Couenant appeare in the Case; the grownd of his pretence is from mr Purchis his Testimony that he had wth mr Paine done so & so, and giues in a paper as a Coppie of what they had done which Coppie Dus not say that J had made any such agreemt or couenant wth them but doth in effect say that the speatialty sued shall stand good against him till J am paid, Neither doth sd Purchis his single Testimony, Legally proue there was any such writeing, and if there weare any such writeing as the Deffendt pretends to be giuen mee (iff the paper in Court be a true Coppie) it doth not declare there was any agreemt of the plantiff to it, though mr Purchis is pleased to say so in his oath which oath corresponds not with (but contradicts) the [write]ing he sweares too, and if no agreemt of the plantff in yt writeing (as there is not) then mr Purchis his oath must of Necessety be invallid in law as J humbly conceiue, for that cannot bee an agreemt where but one party consents, but sd pretended paper only appeares to be a further promise or a way presented to giue mee hopes of a speedy payment, by mr Paine together with mr Purchis, to pay mee Tenn Tonn Twelue hundred of Jron out of the first blast from the Jron workes except some Jneuitable accedent happen, That the sd workes cannot produce such a quantity of Jron then there shall be a longer time granted for paymt, Now if any ineuitable accedent had happened they should haue required a longer time, but the workes are still standing, and no ineuitable accedent happening they are without Excuse; and this seemes straing that if mr Paine referr mee to his steward for payment of his Debt And the sd Steward together wth the principall obligeth that sd debt shall be paid out of the principalls Estate (as it is produced or comes to his hands) and if this steward cannot raise effects, or if he doth conuert them to some other vse, will the giueing such a writeing pay a speatialty thus proved and owned, J humbly conceiue it will not, And Further mr Purchis did own in Court there had ben a blast and that there was made so much sow Jron as would produce about tenn Tonn of B[arr] Jron, which somthing agrees wth what mr Paine formerly told mee that there was Jron enuph made at the workes (besides Tenn Tonn) to pay mee, and that he woundred what mr Purchis did that he had not paid mee; and said works haue made many a Tonn of Jron since that time, but yet they haue not paid mee, all which considered that pretended writeing doth implicitly declare that the sd mr Paines speatialty sued for to pay the sd quantity of Jron or Mony in England is in full force & vertue, otherwise why was it not taken up when the pretended bill was giuen, but J plead to avoide that that indeed is not, for no such bill or Couenant or agreemt appeares, And its verry straing to mee that the Jury should giue so much Creditt to mr Purchis his Coppie of a pretended agreement or couenant which pretended origonall neither my hand nor seale is vnto, and which J doe posetiuely deny to be any agreement of mine, as to make mr Paines bill (vnder his hand & seale & owned in Court by him) to be void of none effect, it being a receiued maxim that nothing but the hand and seale of the Creditor can make void ye hand & seale of the Debtor except payment be proued, And whereas The deffendt pretends that he has no consideration for his mony J answer he hath the Jntrest of the plantiffs Father Richard Hutchinson in the Jronworkes at lyn and hath had the Jmprouement of it for aboue Ten yeares neither did J euer deny to giue him deed of sale for the same, all wch J present to the Honrd Court
These Reasons were received Febro 25th 1674/5
per Jsa Addington Cler
S. F. 1362.4
Jno Paine his answers to mr Eliakim Huchinsons Reasons of Appeall to this Honorble Court of Assistance
To the first that ye Specialty is Sealed, vncancelled, Owned, no payment made or pleaded to &c therfore must Stand Good. Paine Answers
Itt is not the name but nature, matter & forme that Constitutes, hoc esse aut non. Ther can bee no specialtye or Obligation absolute, but for actual Consideration; and wrightings vppon condition, or for consideration to be performed, Oblige not vntill performed; and are properly but agreemts for bargaine & acts but jn fieri: to which Jf ther be not a penalty to jnjoyne each to performe, they are both at liberty as in this case for woold mr Huchinson obliged Paine, he must haue tendered the Consideration, for had Paine, paid mr Huchinson without a Deed, hee Coold Not haue Obtaynced one by Law. And our Law aloweth not of fraudilent acts. Title Conveyances Page 32. Our Law. Then Since that neither Obligation nor specialty, truely So called, but only an agreemt in order to, or nature of a written bargaine, without Penalty, and Obligeing but answerable to Condition or Consideration therin mentioned & Resting on mr Huchinsons part to pforme, wch hee neglects; And that the Last clause in an agreemt (or Obligation if this mought be called so) Is that which bindeth what preceaded, or maketh voyde the whole; which clause is the consideration in ye wrighting Sueed & neglected to bee performeed by mr Huchinson. I humbly leaue it to the honrble Court of Assistance & ye Jury To determin whether mr Huchinson hath not fayleed in & made voyd the wrighting hee now Sues.
Secondly. mr Huchinson hath & may Produce a Second agreemt of an after Date for the Same thing vnder hand & Seal as true a Specialty as the first (were either so) the counter or jnterchangeable part to this in Court of the Latter Date, vnder mr Huchinsons owne hand, which himself owned Jn thes wordes. it might bee my owne wrighting. but quearied how that Shoold cut of his Obligation &c. which for erreffrajable Reason it cannot but Doe. First from Reason equity & Law, neither of which alloweth [of] two agreemts to hould good against a Man for one and the Same thinge: [Much] les for nothinge; but the Latter, if [two], is only Suable, which is this case. Since then mr Huchinson, as Sensible the first was vnequall & J was drawne in by pretence of a bargaine, of no bargaine, of my Fathers makeinge which woold not proue, or his jnterest valluable, to hould the first ag[reemt] doth thereuppon Let fall the first & come to a Second agreemt which Seemeingly hath more apperance of equitye & Plain dealeing; wherin is other Conditions benifits & easemt which Plainely doth proue it a Colateral agremt and what mr Huchinson himself hath in equity & for great Reason [granted] i trust this honord Court cannot in equitye, Reason, or Law [nor will not take] from me
To the 2d Objection or part of mr Huchinsons Reason Expresing thes wordes I doe positiuelye deny any Such agreemt neither doth any Such agreemt or Couenant appere in the case. I Intreat mr Huchinson in Respects to his freinds & those who haue a higher esteem of him then to Conclude he intend [torn] one possitive vntruth; therfore to giue his owne Sense (if it may bee) to free himself from Just feares of his tendancy to Popeish tennets alowing the Lawfullnes [of] Mental reseruations &c in affirmations and Oathes without which J can no wise conseiue how those words can bee cleered from absolute and apparent Falsehood.
Farther to those words. And giues in a paper as a Coppie which doth not Say that I had made any Such agreemt or Couenant with them. Paine Answers
The wrighting called a Copie was an agreemt in it self (in fieri) & therfore needed not mention any other agreemt being J say the Original Counterpart or jnterchangeable act of mr Huchinson vnder his owne hand by himself deliuerd mr Purchase & myself together: & Recd by vs, as his act with the condition & Considerations on both parts agreed to, & by himself drawne vp: Obliging him to Me, as the other part Obligeth vss to him. & Suffitient as wee conseiued for an agreemt in firi, as aforesd.
To mr Huchinsons Objection that this Latter agreemt is not Sealed Paine Answrs Jtt is the Consideration that Obligeeth, giues virtue and forces. the Seal is no more then a sircomstantial Evidence, or Sighne of the thing Done; to which act if ther bee no more but his hand, & legal evidence to the wrighting made & Deliuered, on just consideration j wil ventor ye Case though ther be no Seal. but the jnterchangeable part in his owne hand J suppose wil appere with a Seal, although that J Was not So Scrupelous, Expecting a Deed from him.
To mr Huchinsons mistaken Inferance with his quiblees, trivial Objections, & tedios discorse, I esteem not diserueing an answer. But humblye craue this honord Court to prvse the agremts and Evidences, and way the Same. Mr Purchases Oath, which the Appellant Objects against he mought haue Saued yt Labor, Considering mr Purchases evidence is not for himself, & is no more then what the appelant owned in owneing the Second agreemt Jn the Last County Court as bath been alledged, & I doubt not May be Remembored by Some of the judges and others in that honrbe County Court, but had he denyed it then as Stoutlye as he woold Seemingly doe now, the act Sworne to by mr Purchase; delivered to him & mee together by mr Huchinson vnder his owne hand appereinge Jn Court with other demonstrations, & Sircomstantial Evidences, j doubt not cannot but Sattisfy the Gentlemen of the jury. Espesially compareing that jn Iohn. 8th 17 & 18 vs: with our Law, which alloweth of such evidence (as the word of god alloweth) to be good Jn Law. I leaue the case with this honorble Court & Iury. And
I Humbtely Subscribe.
[Marginal notes, in the same handwriting, beside the last paragraph:]
The 2d agreemt doth indeed provide yt ye first shal be voyde, but doth possitiuely grant other conditions & furder time for fulfiling the [2d] wch Js not Yet lapsed, nor [torn] that agreemt Sued.
And that our Law doth allow of other evidence Jn case of Life & death to be equiuolent to two witnesses, & those of weight in that case, as in folio 15:8. the euidence in this case, wher ther is two euidences beside ye act aperinge must needs be legal.
for his pretened Intrest jn truth I Know it not. nor hath he at any time made it out to mee.
The substance of this Answer is repeated in a petition by Paine to the Court of Assistants (S. F. 1362.5). Also, on the reverse side of the copy of the disputed collateral agreement (S. F. 1362.7) reproduced above, Paine’s pleas are to be found once more, substantially as in his Answer. (A note by Edward Rawson, Secretary of the Court of Assistants, informs us that these arguments on the reverse side of the agreement were “not read in the County Court nor this.”) The most interesting passage in the document declares:
Though an Attachment bee a legall demand of a positiue debt for wch consideration is recd it is not soe in a conditionall contract without the condition performed or tender of the consideration which should give being or bindeing virtue to the contract that is but in fieri, a thing doing & not done, nor doth the Law inforce any man to pay mony to another for nothing consequently it allowes not of such an obligation that bee bindeing to the one party & the other to whome that party is bound to bee free, law being but the ballance or distributive power of Equity
Paine also says that the collateral agreement of 1667 was intended “in way of Easement” of the 1664 specialty, “Mr. Hutchinson being sensible the Sale pretended by my [his?] Father would not prove soe & that it was on higher terms then any part had been sold at.” The exorbitant price alleged was evidently the fraud in the 1664 transaction of which Paine frequently complains, and his contention is that the parties substituted the fairer terms of the 1667 agreement, which gave Paine and his associates a longer time for the delivery of the iron.
The action of the Court of Assistants on the appeal (Records, i. 28) is recorded as follows:
Eliakim Hutchinson plantiff agt John Payne deffendant in an action of Appeale from the virdict of the Jury & County Courts Judgmt . . . the Jury . . . found a speciall virdict i e. If the Collaterial contract or Agreement betwixt mr Eljakim, Hutchinson mr olliuer purchis & mr John Payne bearing date the thirtjeth of January 1667: not prooved broaken doth according to law cut of or make voyd mr John Paynes obligation to sajd mr Hutchinson bearing date the 28th of December 1664 then wee finde for the now deffendant the Confirmation of the Judgment of the County Court at Boston & Costs of Courts But if mr John Paynes first obligation standeth in force according to Law then wee finde for the now Plantiffe the reuersion of the former Judgment of the Court Appealled from wth one hundred sixty nine pounds twelve shillings money according to obligation by bill & Costs of Courts The Court or Bench on Consideration of this virdict declared they found for the deffendt.
This special verdict of the jury, which found for neither the plaintiff nor the defendant, but merely determined the facts making the original specialty good unless superseded, and left the rest of the case to the court, was in accordance with the law of the colony. On page 86 of the General Laws and Liberties, title “Jurors,” it is decreed that “if there be matter of apparent equity . . . the Bench shall determine such matters of equity.” Since, in contemporary English legal practice, a sealed obligation was such a solemn affair that a jury was not allowed to upset it by finding extrinsic facts like payment, fraud, or accord and satisfaction, the action of this jury in leaving the equitable defense—the collateral agreement—to the decision of the Bench is easily explicable.]
Collicot agt Sheafe
Richard Collicot the Assigne of Lt Richard Cooke in the behalfe & for the vse of Rebecca Hawkins wife of Thomas Hawkins & Attouny to her saide husband, plaint. agt Sampson Sheafe Defendt in an action of the case for witholding her just due of her right of thirds in the houses & Lands formerly her husbands mortgaged to mr Thomas Thacher one part & another part to mr Sampson Sheafe the which right the saide Rebecca by much perswations gave up her right to mr Sheafe on condition to receive her part in mony when the house & Land were sold, wch were sold as ready mony for Five hundred & Seventeen pound wth other due damages according to Attachmt Dat. January 20th 1674 . . . the Jury . . . founde for the Defendant costs of Court.
[See Sheafe v. Hawkins, p. 1, and Hawkins v. Sheafe, pp. 275, 416, above. This case was reviewed at the April Court; see below, p. 564.]
Floyde agt Wright &a
John Floyde Attourny to Henry Dispaw Senior & Henry Dispaw junr plaint. agt John Wright Esqr John Geffard & Ezekiel Fogg, them or either of them Defendants in an action of the case for Five hundred pounds being the Forfiture of a bond of Lawfull mony of England bearing date the Eleventh day of the month of August 1673. & all due damages according to Attachmt Dat. January: 6th 1674. . . . The Jury . . . founde for the plaintiffs Forfiture of the bond & cost of Court, allowed by the Court Forty three Shillings & four pence.
Execucion issued Febry: 5o 167⅘
[See Massachusetts Bay Records, v. 35, and petition of John Giffard, based on that action, in S. F. 1420.]
Noyse agt Wayte
John Noyse in right as hee married one of the Executrixes of mr Peter Oliver & in behalfe of the rest of the Executrixes & Executors to the sd mr Peter Oliver deceased plaint. agt Marshall Richard Wayte administrator to the Estate of Nicholas Stevens deceased Defendt in an action of the case for non payment of twelve pound four Shillings & four pence in mony, remaining due to the sd Executors & Executrixes for the accot of Moses Chaplain upon or according to the Summe proportioned by Capt Edw: Hutchinson & mr John Richards as a Committee appointed by the Honored County Court for the same, out of the Estate of the sd Stevens unto the saide Executors & also confirmed by the sd County Court for a division & Satisfaction to bee made as abouesd to the Executors & other due damages according to Attachmt Dat. January 21th 1674. . . . The Jury . . . founde for the plaint. twelue pounds four Shillings & four pence in mony & cost of Court allowd by the Court twenty five Shillings & ten pence. Execucion issued Febr 24o 1676/7
Ordered to direct Execucion to the Marshll Genll 
Jewett agt Rawson &a
Jeremiah Jewett Sonn & heire to Joseph Jewett of Rowley deceased & Executor with Philip Nelson to the Estate of the sd Joseph Jewett deceased plaint. agt Edward Rawson & Bozoon Allen who was his Attourny Defendants The plaint. in failure of process was Non Suited, the Attourny onely being Attached & costs granted to Bozoon Allen Nine Shillings.
Smith agt Decrow
Benjamin Smith plaint. agt Valentine Decrow Defendt in an action of the case for the saide Decrow his not delivering unto the saide Smith a just & true account with the produce thereof of the two thirds of the Earnings of my two horses & a cart for the space of about one yeare & Five months accounting from 31o of October. 1671. untill the Latter end of June. 1673. that the saide Decrow went with the saide Cart & horses & hee was to have one third of the Earnings for his Labor & the saide Smith two thirds thereof of the saide Cart & horses & due interest for the forbearance of his mony & other due damages according to Attachmt Dat: October. 27th 1674. . . . The Jury . . . founde for the Defendant costs of Court, & allowed by the Court, thirty Shillings & two pence.
Atwater agt Balston
Joshua Atwater plaint. agt Jonathan Balston Senior Defendt in an action of the case for non paiment of twenty Seven pounds nine Shillings & nine pence in mony due upon ballance of account due by booke, with due interest for the same & due damages according to Attachmt Dat. January. 19th 1674. . . . The Jury . . . founde for the plaint. twenty Seven pounds Nine Shillings & nine pence in mony & costs of Court, allowed by the Court twenty six Shillings eight pence. mr Joshua Atwater personally appeared in the office Aprill: 17o 1675 & acknowledged hee had received full Satisfaction for this judgement from Jonathan Balston. as Attests J: A: C
Batt agt Harris
Paul Batt plaint. agt John Harris Defendt in an action of Appeale from a judgement of the Worshipfull Edw: Tyng Esqr on the 7th Decembr 1674. . . . The Jury . . . founde for the Defendt confirmacion of the former Judgemt & costs of Courts. The plaint. appealed from this Judgemt to the next Court of Assistants & the sd Paul Batt principall in £5. & James Green & Wm Rawson as Sureties in 50s apeice acknowledged themselves respectiuely bound to . . . prosecute his appeale . . . 
[Batt had been found liable by a Commissioner’s Court on 23 June 1674, and thence appealed (S. F. 1355.4). He was again tried by a Commissioner’s Court on 7 December 1674, and thence appealed (S. F. 1355.5). After this third defeat, at the hands of the County Court, he appealed to the Court of Assistants (S. F. 1355.6):
Resons of apeale from the Iudgment of the honoured County Court held in boston the Case depending and theire tryed betweene Iohn Harres and Paul Batt Vnto this honoured Court of Assistance.
1o Where as the apealant did Earnstly plead for Anonsute at the County Court; Which hee Conceues ought to haue bin granted acording to Law, and practis of Courts, the apealant then prouing to the Court that hee Was Worangfuly Sued and condemned at the Worshipfull Mr Tings court, by R[eas]en: the Very Same case matter and thing Was and had been Sued at the Comitionars court; and the honowred court of asistance; and cast in that Superior court for Said Batt, Which cause could nott in Law be sued againe by Sd Harres; butt by an Acttian of Reuiew in the first court, and much les in and before a Single maiestrat, as apears by the Law title trayles folio 152: Sextion the first, and the actian now depending was nor is any actian of Rewew, apears by all the Records in the Case, and Likewise to proue that this Very case and matter of action is the Very Same that had bin first tryed in the Superior courtts as afore Sd apears by the Resons of apeale from The Comitionars Court No 1: Sited theire for Refusing to pay the Ballance of the acompt, Which apears to bee the Same Somme now Sued for and Very acompt word for word & Ballance Sued theire for No 2: doth agree with the atachment Verbatom Sued at court of asistance No 3: and at Comitionars court and by the Iudgment of the court of asistance No 2: all which Records proues, where as one of them was Sufisient to proue itt one and the Same Case and actian, and that in particular the acompt and Ballance Word for Word to bee Sued in two Distinckt Courts and not bee one and the Same Case and actian, and yett I Was Refused A nonsuet for Which I apealed:
2d: Reson the apeland Consiues the Iury did not Consider his case nor paruse his papers, afectually by which they Very much mised a true Verdit and that frist it apears by the accompt hee Sues Vpon is Very false and Eronius and the Said acompt considered proues the Said harres in Batts debt, Vpon Ballance seauen Shilings, as apears by : hhds and 2: Barells at 15s leaft and Desposed Contrary to Said Batts order, nor Brings no Recept for them if left nor gaue any Credit for them but a Blank, and for Comision charged for Retornes one the Deb tar Sidd of his accot of 15 £ 1s 3d When all he Retorned was but 3: Barells of Sugr: Which Come but to 7li 8s 3d the Comision of Which: is but 7s: 5:d and hee charged 15s for itt: Next hee charges Comision for Kiping in his hands or paing him Sealfe for freat Dwe at Iamaico, With my mony for £6:4s 4d and the Next post is 15s 9d Which is for Comision of Sayles in itt Sealfe and yett hee takes Comision for it againe As Retturnes, Which is Comision Vpon Comision Which Said 6l 4s 4½d and 15s 9d charged for Rettornes and C[omision] taken of itt as Retornes is a grose Eror, With the Rest and it is to bee Wondered at, that any Vpon theire oaths Should Take no notise and Slight ouer Such Palpable and manefest Erors Which Errors makes Seauen Shilings Dwe to the apeallant Vpon Ballance of Said harres one acct, now Sued, the Which is more particularly his Errors Explained in my Resons of apealle No 5: [from] the Worshipfull mr Ting’s Sentance to ye honoured County Court, Which I hombly desier may bee by the Jentillmen of the Iury now Strikttly Exsamened and efectualy obsarued for the fainding Out the Errors a fore said, and Doing mee Right, and allso in the for [torn] former Resons is Sited and made out by Comen Rezon the Vncertantys and Varyations of mr Taping and mr Rabinson[s] oaths as to the Case that Speaking about fraight as aparticular thing and the Case now Depending Consists of one acompt of near about 40: particulars the Ballance of all Which is Sued for and not for fraight. had hee Sued for 14: or 15s Dwe for fraight itt moaght Some thing Conca[r]ne theire Deposisions but not in this Case
Lastly I doe hombly Consiue that a Iury being Sworne to goe a Cording to Law and Euidence that if in case anonsute is pleded for before them to the bench and proued by Law and practis that the nonsute ought to haue ben granted as I Conseue my Case was and if the Bench Refuse the nonsute that then the Iury ought to Exsaming the matter Whethar the Play for a nonsute was good and if Soe they are to find for the party that the nonsute was Dwe unto for that the Jurys are as Well Judges of Law as the MaJestrats or Else Where fore are they Sworen to goe by Law as Well as Evidence and the Law is positiue as before Sited title tryel[s] folia 152 first Section that this Case Cannot Legaly bee prosecuted but by way of Reuio Which is not done as apea[rs] by the Case being brought beefore mr Edward Ting from Whence the Case now Proceeds the Which I Referr to the Considration of this Honoured Court and Jentillmen of the Iury Whethar the Case can Legaly now Proceed Nott being Vpon Reuiew aCording to Law and practis of Courts, Thus humbly Crauing the premeses may bee Efectualy wayed by this Honoured Court and Jentillmen of the Iury for the Relife of Youre Most homble Saruant
These Reasons were received Febro 25th 1674.
per Isa Addington Cler
Answer thereto was made by a woman attorney (S. F. 1355.7):
Elizebeth Harris Atorny to her husband Jno harris her Answer to Paull Batt his Resons of appeale from the honored County Courte held In boston vnto this honored Court of assistanc
1 where as hee ses hee had wrong dunn him by the worshipfull mr Tyng and by the honored County Court In not grenting him a nonsute which ought to haue bin according to law. the same Case as hee pretends haueing bin tried before: for Answer wee doe affirm that this Case was neuer tryed before In any Court: and therefore no ground for A nonsute: had it bin tried before as he ses it had bin esy for him to haue produced the former atachment which wold haue desided the matter being Compared: with this atachment
2 Where as he supposeth the Jury did not Consider his case nor peruse his papers and ther for mist it In there verdict: and his Reson is because of the 2 hh and 2 bb Jno harris left In mr Willises hand Contry to his order: In his former Resons he ses with out his order wee doe not well vnderstande what hee means In so saying: tis as much as to say that becose Ino harris had no order to leaue any of his goods that wer vnsold behind In Jemaco that ther for what hee cold not sell he ought to haue brout back againe which is verry evacional so to Reson for the fraite of thos cask back wold haue bin fiue tims more then there worth. but his saying hee gaue Jno harris no order to leaue any of his goods In mr willess hand that were vnsold is falls for hee did giue him Exspres order so to doe although it were uerball: and had there bin need wee cold haue proued it: but tis not matterial whether he did or no as this case is sircomstanced: for thes goods of his were nothing but old dry cask In which had bin the appels on onions or sum of thos goods specified In the acoumpt which cask hee cold not sell and ther fore was forced to leaue them behind and what he did was the best way for the appelants aduantage: and for his aledging he shold haue brought a recept of there being left for Answer mr willess was not at home when they were left In his custoty: and had hee bin there tis a question wether hee wold haue trubbeld him self to haue giuen a Resate for such pittifull things as thos cask were. and where as he Reckons Jno harris Dr 15s for thos cask. John harris neuer bought any of him and if hee had hee wold not haue giuen half that price: because Jno harris giues him Cr after that rate for sum cask hee sould of his there fore hee wold force him to alow as much for old cask that hee cold not sell which is verry vnreasonable if Jno harris hath dunn him no wrong and hee might haue bin paide long a goe for those cask if hee wold haue Receiued it by mr willess but nothing will doe but Jno harris must [out] set it In his a coumpt
for his Charging Jno harris with a falls accoumpt wee are loth to trubble the court to heare answer to such Resons hee gius accept there were more In them his paying frate Is as Real Retorns as any of the Rest and the practis of others In charging comicion In such case is well vnderstood wee suppose
for his aledging hee chargeth Comicion uppon comicion the acoumpt is uisable and that [sd Error] will esely be mannefest but Jno harris we suppos is as good Anacowmpt tent as himself
Lastly for his giueing his Judgment about the power of Juries In finding a nonsute although the bench doe not: tis the first time that euer wee heard such a thing asserted and at present doe not beleiue it. but leaue it to the honored court home it Consents: thus hoping this honored court will find that the apellant had no wrong neyther by the worshipfull mr Tyng nor by the honored County Courte vnto home he apeled as hee ses hee had
I subscribe yr honours most humble seruent
Dafforn agt Holowell
John Dafforne plaint. agt William Holowell Defendt according to Attachmt Dat. January. 20th 1674. The plaint. withdrew his action.
Russell &a agt Smith
Thomas Russell & John Dafforne plaints agt John Smith Defendt according to Attachmt Dat. January 20th 1674. The plaint. withdrew his action.
Bishop agt Gould
Nathaniel Bishop of Boston assigne of Thomas Bishop of Jpswich plaint. agt Ensigne John Gould of Topsfeild Defendt The plaint. withdrew his action upon the Defendts confessing Judgement.
Briggs agt Cooke
Abraham Briggs plaint. agt Robert Cooke Hornbreaker Defendt in an action of debt of twelve pounds Sixteen Shillings in mony due by bill & due interest & due damages according to Attachmt Dat. Novembr 17th 1674. . . . The Jury . . . founde for the plaint. two pounds Sixteen Shillings according to bill & costs of Court, allowed by the Court twenty two Shillings. 10d.
Pearson agt Hilton
George Pearson plaint. agt William Hilton & Charles Hilton Defendts in an action of debt for Forty pound due to him as by a bill or writeing under theire hands doth appeare upon the accompt of theire Father mr Edward Hilton late of Exiter deceased & for all due damages according to Attachmt Dat. 4th Decembr 1674. . . . The Jury . . . founde for the plaint. Forty pounds according to bill & costs of Court, allowed by the Court, twenty nine Shillings & two pence.
Execucion issued June 23o 1675.
Sheafe agt Atkinson
Sampson Sheafe plaint. agt Theodore Atkinson junr Defendt according to Attachmt Dat. January: 12th 1674. The plaint. withdrew his Action.
Thomas Brattle plaint. agt Daniel Hoare Defendt according to Attachmt Dat. Novembr 25: 1674. The plaint. withdrew his Accion.
Fogg agt Joy
Ezekiel Fogg plaint. agt Thomas Joy Defendt according to Attachmt Dat. xbr 15o 1674. The plaint. in failure of giving Summons was NonSuited.
Fogg agt Williams
Ezekiel Fogg & Company plaints agt John Williams Defendt according to Attachmt Dat. Decembr 3o 1674. The plaint. in failure of power or consent from the Company was NonSuited & costs granted the Defendt Six Shillings & four pence.
[See note to third case below. This was a part of the interminable litigation about the Lynn Iron Works.]
Tho: Edsall agt Page
Thomas Edsall Turner plaint. agt Edward Page Canmaker Defendt according to Attachmt Dat. January 18th 1674. The plaint. withdrew his action. 
Rawson agt Billing
William Rawson who married Anne the daughter of mr Nathaniel Glover deceased plaint. agt Roger Billing senior Defendt in an action of the case for refuseing to deliver & give possession to the saide William Rawson his third part of that Fourth part of the Farme whereon the sd Billing now Liveth; as also refuseing to pay him his part of Rent due according to proportion since the Late mrs Anne Glover deceased the Relict of the sd mr John Glover (wch Land was given by the Last Will & Testament of the sd mr John Glover deceased equally to bee devided amongst Four of his Sonns & theire heires forever; whereof the sd William Rawsons Father in Law mr Nathaniel Glover deceased was one of them & all just & due damages according to Attachmt Dat. January 20th 1674. . . . The Jury . . . founde for the Defendt costs of Court, allowed by the Court nine Shillings & two pence. The plaint. appealed from this Judgemt to the next Court of Assistants & the sd William Rawson principall in Five pounds & John Noyse & Paul Batt as Sureties in 50s apeice acknowledged themselves respectiuely bound to . . . prosecute his appeale. . . .
[Another case respecting the Glover property; cf. Rawson v. Glover, p. 472, above.
S. F. 1350.6
Willm Rowson his reasons of Appeall from the vardict of ye Jury & Judgmt of ye last County Court in Boston in ye Case where in he was plantife in right of Ann his wife & Rodger Billings Defendant Humbly tendered to this Honrd Court of Assistants for his Releiue
first—because ye Jury at ye last County Court notwithstanding his Compleant Exprest in his Attachmt and his farther manifestation of his Indubitate right and interest as own of ye heirs of ye late Mr Nathaniel Glouer sonn to ye late Worshipfull John Glouer in and to ye farm that Rodger Billings now posseseth with [In]trest in ye rent and preuelledges there of Cept and detained from him by ye sd Rodger Billings without showing or makeing it out that he had Any right or Leagall pouer deriued to him from one or Another yet ye Jury found Agst him there fore hee Appealed in hope and not doubting of his Just releif for if Any person May Keepe Another out of his Just right without shewing Any ground why he doath soe then ye Appeallant Conseaus noeman Can long injoy his owne: vnles his sword be longer then his soe detaining
2ly—That not withstanding ye Appeallants plain demonstration that his Honrd Grandfather ye late mr John Glouer by his last will & testiment Leagally prooued in ye Hord County Court whearin hee giues all his Esteat boath reall and parsonall after his funerall discharged and An[d] eLeuen hunderd pounds Legacies giuen to his sonns to Mr Thomas Glouer 140 pounds to Mr Habakkuck Glouer 100 pounds & after his wifs deseas 200 pound[s] Apeece to Mr John & Mr Pelathia Glouer and sum other small Legassies which he Accompted as his Depts becaues he had promised them for other Depts hee had none, left all to his worthey beloued wife & relickt Leaueing too larg farms one that ye defendant posseseth Largly stockt that yealeded with ye stock and Corn in & on it to ye Vallow of 428 pounds 16s 100 pounds parrannum Another good farm Little inferior to ye formmer with A good stock Vpon it to ye Vallow of 154 pounds 15s 4d that yealded 30 pound[s] parrannum with all his Depts & Moueables to her duaring her life and to paye his Depts & Legassis his Depts owed hime Amounting to 600 pounds 17s 5d his Leather shoos hids Corn in his hous at horn & other moueables Amounting to 1219 pounds 4s 6d and though hee Ecknowledgeth his Honrd Grandmother was A prudant frugall & pious gentle woman as he haith heard and partly knoweth as Most in ye town did (Liued spearingly & beneath herself yet Liueing with his onnckle Habakkuck & his onnckele John Liueing in ye hous with her to ye Amazment of him self & all that hear of it ye stock of boath farms Corn & all ye ye hides & other Moueables with one of ye farms sould and all Made Away and not as yet Known by whom or houe [ ] and all Amicable tenders and Endeuer[a] to obtain his Just part of ye farm left yet Kept out of it Vnder pretenc of Depts to be paid though neuer yet Any brought in to the inuentary by his Honrd & pjous Grandmother who [best] Knew Depts if Any had been, and tooke her Sollom oath that it was A true inuentari of her husbands Estate & when shee Knew More Shee would discouer it; and Liueing About 15 years After neuer discouered Any; the Appeallant hopes none of his vncles within ye Least Call her fidelity and good Contianc into question; and had there been Any Depts ye will of Mr John Glouer prescribes ye way hou they shall be paid. namely out of his Depts & Moueabls & not otherwise which Depts and Moueabls as to inuentary Amounted to 2400 pounds when ye Depts oed by him Came but to 1100 pounds and Lands intajled Known not Liable to pay Depts till ye whoall 2400 pounds paid out or Com short as yey did not and what Appears not is not, beside ye Defendants owned in Couart & soe did his vncle Mr John Glouer that ye Appeallant was an heire in part & yet ye Jury found Against him for all which he Appeals & hopes & doupt not in ye least but by ye Justis of this Honrd Court & Jury to haue his Just releefe soe leueing him self & Caues to ye wisdom of god and this Honrd Court for A Just determination hear in subscribing himself
Yor Honrs Humble saruant
Boston the 24 of february 1674
These reasons were received Febro 25th 1674
per Isa Addington Cler
Wm Rawsons Reasons of Appeale agt Roger Billing
S. F. 1350.5
Hudson Leveret as he is Atorney to Roger Billings: his ansuer to mr William Rawson reasons of appeale
To the furst I answer that where as the plantif maketh Such a stue about the farmes and Estate of his Grandfathers, it is well enough known and appeareth by the will that mrs Glover was late executrix and [torn] [had] power in herselfe to dispose of all in her life time, and did dispose of most of the moveable estate while she liued, and a great deale of them went to pay debts and much she lost many waies and it is like she disposed of Sum amongst her Children and it is thought most to her Son mr Nathaniell Glover for he had a great part of ye drye hides which by the Inventory amounted to a great Sum. besides many Scores of bushells of Corne and many other things of Considerable vallue whereof there is good testimoney and what mrs Glover left her Son mr John Glover hath administration granted him as by record may appeare, and from him the sd John Glover [der]iues his right as tennant to the farme. But yet if mrs Ann Glover had not disposed of the Moveable estate but had left it with mr John & mr pellatiah Glover (which she never did yet the[re] would be 400 pounds for the foresayd Jno and pelletiah to receaue after there Mothers death and that by the will not out of ye other goods in the Inventorye, but out of the two farmes before there be any division without any preiudice to the two hundred pound they should haue receaued before there mothers death, yet they receaued nothing of it in that time
In the Second place whereas mr Rawson doth not onely intimate but affermeth ye there is estate nough besides the farmes to pay all Legasyes and debts, yet it is not soe though mr Rawson afferme it and wee doe not at all beleeue that the Court will take it for granted because mr Rawson sayes it is Soe, for that we vtterlye denie but if mr Rawson can find it the administrator is willing it shall goe as far as it can towards payeing of the debts and legasyes. yet notwithstanding there is Soe much estate in mr John Glovers Inventorye. mr John and mr pellathia never had it nor the disposal of it, neither did they receaue anything of the 200 pound in there mothers life time and as for the estate in mrs Glover inventorye it is but a heape of lumber and old household stuff and Soe much worne that one can not well use it any longer and the greatest part of it is debts where of there is nothing receaued and is doubtfull what wi[ll] euer [g]et receaued of it, and therefore doth nothing to the payeing of debts or legasy[es]
In the therd place as for the rent of the farme it hath don but little sence there Mothers death neither haue they receaued as yet one hundred pound, by reason that necessarye reparations and buildings haue taken vp Soe much rent further More wheras mr Rawson sayth that Goodman Buillings shoaeth no write he hath to detaine the farm from him I answer if mr John and mr pelletiah are by the will to receaue the[re] legasyes out of the farme before mr Rawson or any else haue the[re] shares in any division, then They haue righte to detaine the farme from him, But if they [torn] besides are to receaue any legasyes or debts before mr Rawson haue his share (the[n)] I Confess I doe not conseaue it to be right to detaine the farme from him. And whe[n] mr Rawson Sayth that mrs Glover lived with her Son mr Habbucuk it is not Soe for they liued a Sunder euer Sence mr Glouers death and it was n[ot] mr Habbucek nor mr John Glover that wrought vpon there Mother to Sell the farme for they in themselues were avers to it but there mother petendeing sh[e] hat great debts to pay in England and that she could not tell how to pay them without selling that farme, for that reason they thought themselues bound in duty to there Mother to yeald vp there rights by Signeing that deed of Sale that Soe there mother might haue Some Spetiye to pay the[r]e old England debts with, and doubtless it was intended by there fathers will soe. and Maior Atherton was then there mother cheifest counsellor and did adviss and Counsell her to Sell that farme that Soe she might inabled to pay Some old England debts
Lastly whereas the plantiff sayth that his vncle John owned him to be and heire, vncle John vtterly dissowned it, but how euer that will not make him to be and heire, if he be not and heire. and if the farme be intayled as the plantiff doth grant and Say it is (then according to ye Custome of old England) then the Eldest son mr Nathaniell Glover must be heire, and it can not rationally thought to be the mind of him that gaue It by will that it should be devided equally among all the children for euer for then in short time it would come to Soe many divisions that it would be worth nothing to any of them theref [ore] I can not See how he will proove himselfe and heire Soe not at all doubteing but this honored Court of assistance and the gentlemen of the urye will see iust Cause for the Confermeing of the iust and right iudgmt of the late County Court Soe I rest and Subscribe my Self your obedient
Servant and faithfull Subiect
The Court of Assistants (Records, i. 26) confirmed the former judgment. But see pp. 656–60, below.]
Leverett agt Fogg
Hudson Leverett assignee of John Giffard plaint agst Ezekiel Fogg Skinner Defendt in an action of the case for non performance of the condition of an Obligation on a bond of Ninety pounds good & Lawfull mony of England, as under the hand & Seale of saide Fogg may appeare, bearing date the 21th day of June. 1673. & all due damages according to Attachmt Dat: 9br 25th 1674. . . . The Jury . . . founde for the plaint. Ninety pounds good & Lawfull mony of England according to bond & costs of Court: Vpon request of the Defendt the Magistrates chancered this bond to Forty Four pounds Fifteen Shillings & seven pence good & Lawful mony of England, and costs of Court, allowd by the Court thirty two Shillings & 8d
Execucion issued Aprill: 10th 1675.
[Fogg’s picturesquely worded petition from jail, and the continuation of this case will be found under Fogg v. Williams a year later, below, p. 656.]
Long agt Paul
Joseph Long plaint. agt Samuel Paul Defendt in an action of the case for witholding & refuseing to give possession of a peice of Land lying in the great Lotts in Dorchester of about three acres more or Less of Upland & Meadow, bounded upon Enoch Wiswall Southward or Southeast; on the land of Samll Rigby northward & on the Mill Creeke eastward & is part of the great Lott of Joseph Long his Father & now the just right  & proper inheritance of the plaint. these wth all other due damages according to Attachmt Dat. January 20th 1674. . . . The Jury . . . founde for the Defendt costs of Court, allowd by the Court Fifty Five Shillings eight pence.
mr Oxenbridge &a agt Rice
Mr John Oxenbridge, mr James Allen, mr Anthony Stoddard & mr Humphry Davie Trustees & Executors to the last Will and Testament of Richard Bellingham deceased plaints agt Nicholas Rice of Reding Defendt in an action of debt for non paiment of Forty pounds for two yeares Rent for a Farme at Winnisimmet payable in March. 1673. 1674. wth all due damages according to Attachmt Dat. Decembr 1o 1674. . . . The Jury . . . founde for the plaints Forty pounds of wch Five pounds to bee paide in Silver & costs of Court, allowd by the Court, thirty six Shillings & four pence; Joseph Belknap & mr Richard Wharton as Attournys & in behalfe of the Defendt appealed from this Judgemt unto the next Court of Assistants & themselves as principalis in Eighty pounds & mr Jno Saffin & Tho: More as Sureties in 40li apeice, acknowledged themselves respectiuely bound to . . . prosecute theire appeale . . .
[Another Governor Bellingham’s will case. Cf. Records of Court of Assistants, i. 24.]
Hudson agt Smith
Capt William Hudson plaint. agt Elizabeth Smith Widdow & Relict of Francis Smith sometime of Boston deceased) Defendt according to Attachmt Dat. Januro 19o 1674. This Accion is continued, by order of Court untill the next Court of this County.
[See below, p. 592 for the continuance.]
Legg agt Curtis
Daniel Legg plaint. agt Ephraim Curtis of Sudberry Defendt in an action of the case for witholding a parcell of goods left in his hands at Nevis by the sd Daniel Legg & all due damages according to Attachmt Dat. Decembr 24th 1674. . . . The Jury . . . founde for the Defendt costs of Court, allowed by the Court, twenty Shillings 6d 
Greenlife Tappen & Pemerton Admonish’t
Enoch Greenliffe junr Joseph Tappen & Thomas Pemerton being all three bound over to this Court, to answer what they should bee charged with for affronting & violently thrusting of Abigail Taylor off from her horse on the roade between Boston & Roxbury; Vpon hearing of the case & receiving information under the hand of sd Abigail Taylor, wherein Shee doth acknowledge herselfe Satisfied & acquits them from any demand of damage The Court admonishd them ordered them to pay Fees of Court & soe discharged them.
Joseph Jndian Nesquin Sentenced
Joseph Jndian Nesquin convict in Court by his own confession of breaking up the house of John Tucker in Hingham in the night after nine a clock & drincking & spoyling his Sider valued at six Shillings: The Court Sentenced him to bee branded in the Forehead with the Letter. B. & to pay unto the sd Jno Tucker Eighteen Shillings in mony & unto John Prince Constable of Hingham twenty Four Shillings in mony for his charges & Fees of Court & prison, & in case hee pay not the same that hee bee sold to Barbados for a Servant standing committed untill the Sentence bee performed.
The Grandjury brought in theire bill of presentmts Januro 27o & were dismissed for this Court.
Gould to Bishop
John Gould of Topsfeild acknowledged a Judgemt against himselfe & Estate to Nathaniel Bishop of Boston as assigne of Tho: Bishop for thirty one pounds ten Shillings in mony according to bond bearing date Octobr 3d 1674.
Execucion issued March: 11: 1674.
Woodbridge & Weavrs bond for Arbitracion
Thomas Woodbridge & John Weaver came into Court & declared that they had agreed to refer all matters of difference whatsoever that are depending between them unto the issue & award of the Honord John Leverett Esqr Govr mr Peter Lidget & mr Thomas Deane as Arbitraters & all former Awards to bee voide & did oblidge themselves each unto the other in the Summe of One thousand pounds mony to stand to & abide by the Award of the aforesaide three Arbitrators or any two of them, being given in to the saide partys or either of them under theire hands & Seales on or before the 10th of February next ensuing the Honord Governr being to appoint time & place of meeting & the sd partys doe oblige themselves to attend time & place according to the appointment of the Govr & then & there to declare theire severall cases. Entred Januro 28 1674.
Theodora Oxenbridge her Guardian
Theodora Oxenbridge appeared in Court & made choise of mr Humphry Davie to bee her Guardian, which hee accepted & the Court approved of; provided hee give in bond according to Law.
Martha Minott daughter of the Late John Minot made choise of mr Arthur Mason as her Guardian wch the Court approved of hee accepting thereof & giving in bond according to Law. 
Division of Blagues Estate
This Jndenture made the twenty Eight day of January in the yeare of or Lord One thousand Six hundred Seventy & Four: Between Elizabeth Blague Relict of Henry Blague late of Boston in the County of Suffolke in New-England Brickmaker deceased on the first part, Phillip Blague of Boston aforesd Brickmaker on the second part, Nathaniel Blague of Boston aforesd Brickmaker of Boston aforesd Brickmaker on the third part: Eliatha Blague of Boston aforesd Brickmaker on the Fourth part, Joseph Blague of Boston aforesaide on the Fifth part, Elizabeth Wheeler of Boston aforesaide Widdow on the Sixth part & Martha Blague of Boston aforesaide Spinster on the Seventh part, all of them Children of the abouenamed Henry Blague deceased & Elizabeth Blague party to these pursents. Witnesseth, that whereas the abouenamed Henry Blague in the yeare of our Lord: 1662 dyed intestate & the Countie Court for Suffolke aforesaide granted Letters of Administracion upon the Estate of the saide Henry unto the saide Elizabeth Blague Relict of the saide Henry: And whereas the saide Children of the saide Henry & Elizabeth are now grown up: And the saide Administratrix being desirous that all the saide Children should now have the full of theire respective portions paide & delivered to them out of the saide Estate & that Shee the sd Elizabeth as Administratrix might bee discharged therefrom: Each of the sd partys for him & her selfe respectiuely, & for each of theire respective heires Executors & administrators doe Covenant promiss & grant to & with the other theire heires Executors administrators & assignes in manner & forme following (that is to Say).
Jmprs that the saide Phillip Blague his heires Executors administrators & assignes shall & may by force & vertue of these pursents from time to time & at all times for ever hereafter have hold possess & enjoy as his & theire proper Estate of inheritance in Fee simple & in full of his portion from the saide Estate, one Brickhouse scituate and being in Boston adjoining to the Street that Leades from the water mill towards Century haven; & also the Land whereupon the saide house doth stand, & a parcell of Land adjoining thereunto being butted & bounded South East by the aforesaide Street, Southwest by the Land of Nathaniel Blague, Northwest by the Mill pond, North East by the Land of Richard Collicot & measureth at the Front or saide Street Seventy nine foote & an halfe. & at the reare Seventy foote; with all profits priviledges & appurtenances that doe shall or may belong or appertaine to the same or any part thereof.
Jtem, that the saide Nathaniel Blague his heires Executors administrators & assignes shall & may by force & vertue of these pursents from time to time & at all times for ever hereafter Lawfully peaceably & quietly have hold possess & enjoy as his & theire proper Estate of inheritance in fee simple & in full of his portion from the sd Estate, one moity or halfe part of the now dwelling house of the saide Elizabeth Blague. (Viz) the Northeast part thereof; which saide house is scituate towards the Northerly end of the sd town of Boston & containing one Cellar one Low roome one Chamber & one garrat; with halfe the Chimnys in the sd house, with the free use purviledge & benefit of the Entry & Stares in the sd house, with free Liberty of ingress egress & regress to & from the same; with all the Land whereupon the saide part of the  saide house & Chimnys doe stand, & all the Land that lyeth betwixt the saide part of the saide house & the Street; & also all that peice or parcell of Land that Lyeth at or adjoineth to the North East end of the saide house & is bounded at the Front or Southeast end by the saide Street, and Southwest partly by the end of the saide house & partly by the Land that lyeth betwixt the saide part of the saide house & the Street & partly by the Land of the sd Elizabeth Blague rangeing down in a direct Line from the saide Street by the North East end of the saide house to the Northerly corner of Phillip Squires Land, Northwesterly by the Mill pond & Northeasterly by the Land of Phillip Blague & measureth at the Front Sixty & Six Foote & at the reare Seventy Foote Together with all profits priviledges Easements & appurtenances that doe shall or may appertaine or in any wise belong to the same or any part or parcell thereof.
Jtem, that the sd Eliatha Blague his heires Executors administrators & assignes shall & may by force & vertue of these pursents from time to time & at all times for ever hereafter quietly & peaceably have hold possess & enjoy as his & theire proper Estate of inheritance in Fee simple & in full of his portion from the saide Estate, all that messuage or dwelling house that is scituate & standing in Boston & adjoining to the Street that Leades from the second meeting house towards Century haven; with all the Land whereupon the saide house doth stand, together with the free use benefit & purviledge of the well that is in the Land that belongs to the sd Estate there: as also the free use of a passage of five foote in breadth that Leads from the saide Street by the South East side of the sd dwelling house into that Land that belongs now to the sd Estate (which sd passage is to lye in common to all that are or hereafter shalbee proprietors of the sd Land) Together with a peice of Land adjoining to the Southwest end of the sd dwelling house; which measureth from the Southwest end of the sd house twenty five Foote in a direct Line; & is bounded on the Northwest side by the Land of James English & on the South East side by the aforesaide passage or alley; & also all profits purviledges Easements & appurtenances that doe shall or may appertaine or in any wise belong to the same or any part thereof.
Jtem, that the sd Elizabeth Blague, her heires Executors administrators & assignes shall & may by force & vertue of these pursents from time to time & at all times for ever hereafter quietly & peaceably have hold possess & enjoy as her & theire proper Estate of inheritance in Fee Simple, one moity or that halfe part of the house wherein Shee now dwells, together with all the Land that appertaines to the same bounded on the Northeast by the Land of Nathaniel Blague, Southwest by the Land of Phillip Squire. And also all that peece or parcell of Land which is bounded on the North by the saide Street that Leads from the second meeting house in Boston toward Century haven & Southerly by the Land of Ephraim Hunt, Easterly by the Land of William Norton & westerly partly by the aforementioned passage or Alley & partly by the Land of James English; together with the free use & purviledge of the aforesaide passage & well & all other profits purviledges & appurtenances that doe shall or may belong to the saide parcells of Land or houseing or either or any of them, or any part of them or either of them.
Jtem, that the sd Elizabeth Blague her heires Executors administrators or assigns or some of them shall pay or cause to bee paide unto the abouenamed Joseph Blague his Executors or assignes the full & intire Summe of thirty pounds of Lawfull mony of New-England at such time when the sd Joseph shall attaine the full age of twenty one yeares; wch saide Summe hee hereby accepts of as the full of his portion from the sd Estate. 
Jtem, that the sd Elizabeth Blague her heires Executors administrators or assignes or some of them shall pay or cause to bee paide unto the abouenamed Elizabeth Wheeler her Executors or assignes the full Summe of thirty pounds of Lawfull mony of New-England within the space of Six monthes next after due demand made of the same; which sd Summe the sd Elizabeth Wheeler doth hereby Engage to accept as the full of her portion & of all other demands from the sd Estate.
Jtem, that the sd Elizabeth Blague her heires Executors administrators or assignes or some of them shall & will pay or cause to bee paide unto the abouenamed Martha Blague her Executors or assignes the full & just Summe of thirty pounds of Lawfull mony of New-England within the space of six months next after due demand made of the same; which sd Summe the sd Martha Blague doth hereby Engage to accept in full of her portion & all other demands from the saide Estate.
Jn Witness whereof the partys abouenamed have hereunto Set theire hands and Seales the day & yeare first aboue written.
Signed Sealed & delivered by the abouenamed Elizabeth Blague
Elizabeth Blague & a Seal. her // marke
Phillip Blague, Nathaniel Blague
Philip Blague & a Seal.
Eliatha Blague, Elizabeth Wheeler, Martha Blague & Elizabeth Blague as guardian to the abouenamed Joseph Blague in the pursence of us.
Nathaniel Blague & a Seal.
Eliatha Blague & a Seal.
Elizabeth Blague guardian to Joseph Blague her // marke & a Seal.
John Hayward scr.
Elizabeth Wheeler her // marke & a Seal.
Martha M Blague her marke & a Seal.
Joseph Blague appeared in Court & made choise of his Mother Elizabeth Blague to bee his Guardian which Shee accepted & the Court approved of: And all the persons Subscribing appearing at the same time & acknowledgeing theire hands & Seales & this Instrument to bee theire act & Deed The Court declared theire approbacion thereof & ordered it to bee
Recorded in the Court Booke. January 29o 1674 @
as Attests Jsa Addington Cler
Received this. 30th of January: 167⅘ of my mother Elizabeth Blague of Boston in New-England Widdow the Summe of thirty pounds in currant mony of New-England; which is the full due of my portion from the Estate of my Father Henry Blague deceased. I say Rec: by mee.
the marke //of Elizabeth Wheeler
the marke //of Phillip Squire
Elizabeth Wheeler acknowledged the abouewritten to bee her act & Deed Feb. 3th 1674. before
Edward Tyng Assist. 
Samll & Stephen Minots guardians
The Court appoints Ensigne Richard Hall of Dorchester to bee guardian to Samuel Minot & Daniel Preston Senr to bee guardian to Stephen Minot, being both of them Sonns of the Late John Minot of Dorchester deceased untill they come of age to choose for themselves.
Thomas Norman being bound over to this Court to answer for speaking reproachfully & contemptuously of the Governor Saying that old blue beard would stand by him or words to that purpose (which words blue beard relateing to the Governor) hee doth not deny; & being called to answer for the same: The Court (upon the hearing of the case & what himselfe acknowledged therein) doe Sentence him to bee whip’t with ten Stripes or to pay Five pounds in mony as a fine to the County according to Law standing committed untill the Sentence bee performed.
Harris Find 5li 2: 6 Respited
Joanna Harris being presented by the Grandjury for Selling of ale at three pence a quart without Licence & being called to answer for the same, Owned the presentment: The Court Sentenced her to pay Five pounds in mony as a fine to the County according to Law & Fees of Court Standing committed untill the Sentence bee performed. Vpon her petition The Court respited her fine till farther Order.
Cozens Find 5li 2: 6.
The wife of Jsaac Cozens being presented by the Grandjury for selling of Ale at three pence a quart without Licence & being called to answer for the same, Owned the presentmt The Court Sentenced her to pay Five pounds in mony as a fine to the County according to Law & Fees of Court, standing committed untill the Sentence bee performed.
Ruth Hemaway convict by her own confession in Court, of committing Fornication & having a bastard Childe; which Shee brought into Court & charged Edward Peggy both in the time of her travail & upon her Oath in Court to bee the Father thereof: The Court Sentenced her to bee severely whip’t with twenty Stripes & to pay Fees of Court Standing committed untill the Sentence bee performed.
Edward Peggy being bound over to this Court to answer for his committing Fornication with Ruth Hemaway Shee having an illegitimate Childe & constantly affirming hee was the Father thereof both in the time of her travail & making Oath thereof in Court: The Court declareth the sd Peggy to bee the reputed Father according to Law of the Childe Lately born of the body of the saide Ruth Hemaway & Sentenced the sd Peggy to pay two Shillings & Six pence per weeke in money towards the maintenance of the saide Childe from the time of its birth till the Court take farther order & to pay charges of prosecution & Fees of Court standing committed untill hee give Security for the performance of this Sentence. 
Richard Francis being committed to prison till this Court to answer for his disposeing & making sale of Caleb Bleasse for Five yeares unto Matthew Edwards of Redding in a way of deceit & cozenage, hee having noe power soe to doe, for whome hee received of saide Edwards Seven pounds in mony: Vpon a full hearing of the case & due consideracion thereof The Court Sentencd the sd Francis to bee whip’t with twenty Stripes or to pay Five pound in mony as a Fine to the County & to pay unto Caleb Bleasse Fourteen pounds in mony paying Fees of Court & prison standing committed untill the Sentence bee performed.
Danll Turill junr Find 5li
Daniel Turill junr being presented by the Grandjury for taking away an Attachmt from the Marshalls Deputy after it was served upon John Turill whereby the Law was obstructed & the persons concerned damnified: The presentment being called the sd Turill appeared, and Vpon hearing of the Evidences & proofes in the case & consideracion of the same, The Court Sentenced the sd Daniel Turill to pay Five pounds in mony as a fine to the County & charges of prosecution & Fees of Court standing committed untill the Sentence bee performed
Attachmt Ordered agt Northy &a
John Northy & his wife & William Chamberlain junr of Hull making default in appearance to answer theire presentment according to Summons The Court ordered an Attachmt to issue forth for them agt next Court of this County
Hall & his wife Fined 5li
Ephraim Hall & Sarah Rand (now his wife) convict by theire own confession in Court of committing Fornication before marriage: The Court Sentenced them to bee whip’t: i. e. the sd Ephraim wth Fifteen Stripes & the sd Sarah with ten Stripes or to pay Five pound in mony as a fine to the County & Fees of Court standing committed untill the Sentence bee performed.
Thomas Carr convict by his own confession in Court of committing two burglarys upon two severall Sabbath dayes: Viz: in breaking into the dwelling house of mrs Elizabeth Powning upon one Sabbath day & taking from her a considerable Summe of mony She affirmeth to value of Six pound; & in breaking into the dwelling house of Mary Lyndon upon the next Sabbath & taking from her a considerable Summe of mony, Shee affirmeth to value of thirteen pound Five Shillings seven pence: Vpon consideracion hereof The Court Sentenced the sd Carr to bee branded in the Forehead with the Letter B & to have one of his eares cut off & to pay treble damages to the persons from whome hee stole & in case hee make not payment that hee bee sold to make Satisfaction & to pay Fees of Court & prison standing committed untill the Sentence bee performed.
Lucath Grafton & Morrice Sentencd
Henry Lucath Servant to mr Tho: Brattle, Wm Grafton Servant to Thaddeus Macarty being committed to prison for stealing severall goods from theire sd Masters. & Edmund Fitz Morrice Living wth one Humphrys for being a receiver & disposeing of the goods by them Stol’n: Vpon hearing of what themselves acknowledged  & what was proved in the case The Court Sentenced them to bee whip’t with Fifteen Stripes apeice & to pay treble damages to the partys from whome they stole, each of them to pay his proportion or third part thereof: Viz: to mr Tho: Brattle Eighteen pound three Shillings, to mr MacKarty to mrs Hanna Savage Fifteen Shillings, paying Fees of Court & prison standing committed untill the Sentence bee performed.
[Order about Fogg]
The Court desires & appoints Capt Edward Hutchinson to prosecute & implead Ezekiel Fogg for his severall misdemeanors for which hee stands bound over to this Court.
The Court adjourned from Saturday 30th of January to Febro the 4th being thursday at nine a clock.
February 4th 1674 @
The Court met according to Adjournment.
Sam: Bridghams Guardian
Samuel Bridgham appeared in Court & made choise of Jonathan Bridgham his brother to bee his Guardian which hee accepted & the Court approved of; hee giving in bond according to Law.
Mary Hawkins convict in Court of bold whorish carriages & having a bastard Childe & impudent & pernicious Lying: The Court Sentenced her to bee whip’t at a Carts tayle up from the dwelling house of John Hall in Boston formerly Ezekiel Foggs Lodgeing into the Town round about the Town house & soe to the prison with twenty five Stripes severely. & within one month following to bee whip’t again severely with twenty Five stripes, paying Fees of Court & prison standing committed untill this Sentence bee performed.
[S. F. 26634
To ye honrd Court of Assistants now siting at Boston
The humble petition of Mary Hawkins Humbly sheweth
That where as yor pore petitioner hath through her very great sin & wickednes many ways agriuated, brought herselfe vnder the iust sentence of ye Countie Court, one part of wch hath bene already inflicted vpon me & though I can not but owne yt I deserue not onely ye other part to be inflicted, but by reason of my sin being so agreuated as It was, neuer to haue any countenans or fauour [showne] to me either from god or [man] yet considering gods wonderfull mercy to humble peniten [sinners] (though very hainous) calls vpon them to turne from the[re] wickednes & liue, & yt ye same spirit of Compashon he works in his people, imboldens me humbly to Supplicate yor honrs yt you wil be pleased to remitt yt other part of ye punishment yt is not yet inflicted, desireing ye lord to worke still more & more in my soule a greater sence of my sin & giue me truly to repent & turne to him & to loath my selfe & sin wch I hope in [some] weaker measure I doe, thus leaueing my condition in ye lords & yor hands praying for yor hon’s I subscribe myselfe
Yor Honrs pore afflicted prisoner
In Ansr to this peticon this Court Judgeth it meet wth the Consent of the [County] Court to Grant hir request & Remitts hir second punishment ordering the keep[r] of the prison to Dissmiss hir from ye prison & set hir at liberty
past E R S]
Ezekiel Fogg convict in Court of wanton Lascivious & obscœne carriages with Mary Hawkins, the saide Mary now having a bastard Childe; the saide Fogg since the discovery of her being with Childe having encouraged her escape & endeavoured to conveigh her from the hands of Justice: The Court Sentenced him to pay ten pounds in mony as a fine to the County & remit the Forfiture of his bond for non appearance to ten pounds in mony more & to pay Fees of Court standing committed untill the Sentence bee performed.
John Jeffery Sonn of Gregory Jeffery Late of cape porpus deceased made choise of John Lux his Father in Law to bee his Guardian which hee accepted & the Court allowed of, vpon his giving in Security according to Law; which hee hath accordingly done.
Skelton purged by Oath
John Skelton of Dedham accused by Tom an Jndian & his Squaw for Selling them six quarts of Sider purged himselfe by his Oath that neither hee nor his wife to his knowledge sold any Sider to the saide Jndian or his Squaw for mony or otherwise. 
Tom Jndian Sentenced
Tom an Jndian being committed to prison for his abusive carriage in the house of John Skelton of Dedham in threatning his wife & Fighting with one of theire Neighbours whome they called in to theire assistance. The Court Sentenced him to bee whip’t with twenty Stripes & to pay Fees of Court & prison standing committed untill the Sentence bee performed.
Lorin Fined 5l
John Lorin convict by his own confession in Court of making Loue to & engageing the affections of Mary Willis daughter in Law to John Man without her parents consent & after his being forewarned by them. The Court Sentenced him to give bond to the Treasurer of the County of Suffolke for the payment of Five pounds in mony according to Law within Four monthes next following standing committed untill the Sentence bee performed.
Order abtt Stanberry & Harris’s mony
Thomas Stanberry & Thomas Harris Butchers having a parcell of mony of theires Seized at Dedham by Capt Daniel Fisher as being exporting it out of the Colony; which mony was brought & deliuerd in to the Court; but upon hearing of the case it not being proved that they were carrying it out of the Colony The Court ordered theire mony to bee deliuerd them again.
Vpon certificate presented to this Court under the hands of severall persons of the benefit they have received by William Snelling in his administring of Physick: The Court doe allow & Licence the saide Snelling to practice physick.
The Court adjourned from thursday Febry 4th unto thursday Febry 11o at nine a clock.
Potter to Tucker
personally appeared Richard Potter & acknowledged a Judgement against himselfe & Estate unto John Tucker for Forty Shillings mony 2:0:0
as Attests. Jsa Addington Cler
February 11th 167⅘ @
The Court met according to Adjournmt
Order to ye Treasr
The Court orders the County Treasuror to pay the charges of the meeting of Major Tho: Clarke & the military officers of Boston about dividing the Companys which they expended at Capt Hudsons.
Bryan Morphey convict in Court by seurall Evidences of Stealing a paire of cloth breeches from William Toldervy valued at Sixteen Shillings.  The Court Sentenced the saide Morphey to pay unto the sd Toldervay Forty eight Shillings in mony being that threefold restitution the Law requires & to pay Fees of Court & prison standing committed untill the Sentence bee performed.
Order abt Cornish
Hudson Leverett subAttourny to William Merrit Attourny of Thomas Taylor of Newyorke Feltmaker complaining to this Court that Thomas Cornish Servant to saide Taylor by Jndenture had absented himselfe from his Service & through threats & durance in the time of the Late Government of the place by the Dutch had obtained a discharge from his saide Master: Vpon hearing of what was presented by both partys & what was certified by the Worppll Matthias Nicolls Maior of the sd place, The Court doe order that the saide Cornish with the first oppertunity bee returned unto his saide Master & in the meane time bee Secured & the sd Thomas Cornish principall in £:25 & Robert Orchard as Surety in £.25. acknowledged themselves jointly & severally bound to the Treasuror of the County of Suffolke on condicion that the saide Cornish should bee forth comming when demanded by authority in order to his being returned unto his saide Master.
John Coake convict by his own confession in Court of breach & prophanation of the Sabbath in continuing drincking at the house of Christopher Crow in the afternoon of the Sabbath. The Court Sentenced him to bee admonish’t & to pay Fees of Court & prison standing committed untill the Sentence bee performed.
Francis Earle convict as abouesd The Court Sentenced him to bee admonish’t & to pay fees of Court & prison standing committed untill the Sentence bee performed.
Order abt Hawkins prison charges
In Answer to the petition of Thomas Matson prison keeper of Boston: The Court orders the County Treasuror, to pay the Keeper of the prison his charges in keeping of Mary Hawkins now a prisoner to bee paide according to Law.
This Court disolved February 11th 167⅘
Curveath to Sandys
personally appeared Ezekiel Curveath & acknowledged a Judgement against himselfe & Estate unto John Sandys for Ninety three pounds thirteen Shillings in mony being the full ballance of Accot on file.
as Attests Jsa Addington Cler
Execucion issued Febry 18o 167⅘ 
Simon Bradstreet Esqr Assist
Edward Tyng Esqr Assist
Dinely to Legg
Personally appeared Fathergon Dinely & acknowledged a Judgement against himselfe & Estate unto Samuel Legg of Boston Marrinr for one hundred pounds currant mony of New-England according to bill Dat. June pro 1673. Left on file; to bee paide unto the sd Legg or to John Sandys as his Lawfull Attourny.
as Attests. Jsa Addington Cler
Execucion issued March 30 1675.
Arbitrators Return in Holoway & Daffornes case
Whereas there was an action commenced by William Holloway & Stephen Butler against John Dafforne according to Attachmt Dated January 1674 & the plaintiffes withdrew theire Action upon agreement of a referrence of the case to the Honorable John Leverett Edward Tyng Major Thomas Clarke Esqrs & the Selectmen of Boston bindeing themselves each to other in the pœnalty of two hundred pounds to stand to & abide the award & determination of the aforenamed parties or the Major part of them Vpon the hearing of the pleas & allegations of both parties in the case by us whose names are subscribed, wee doe Award that William Holoway & Stephen Butler shalbee at the charge to set up the Fence which they pulled down along mr Daffornes Land in the same place where it was according to theire agreement before the Selectmen wth Richard Woody & the sd Dafforne to enjoy that Line as the boundary between the sd partys & this wee Award as or finall determination in this case, witness or hands this 24th of Aprill 1675.
Hezekiah Vsher Senior
Recorded & compared Aprill: 24: 1675 @ Jsa Addington Cler vide. 287.