USA > Massachusetts > Records of the Court of assistants of the colony of the Massachusetts bay, 1630-1692 > Part 5
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Robt ffibbins releas By consent of Willm Gallerd ; admstrat to John Russell & Robte ffibbin it is ordered that in consider- acon of some service pformed att Sea by the said Robte Fibbin & 3 monthes servis in Newe England, that the said Robte Fibbin shal- be sett free, & haue 11 139 5ª forgiuen him weh hee ought to his said maist John Russell./
M. Thomas Mayhewe is intreated by the Court to Damag donne by ye swyne of Charls Toune examine what hurt the swyne of Charlton hath done amongst the Indean barnes of Corne on the north side of misticke, & accordingly the inhabitants of Charlton pmiseth to giue them satisfaccon.
Mr. Thomas Mayhewe being admstrat" of M'. Ralfe Ordr abt Ralph Glouers estate Glouer, hath nowe exhibited an Inventory of the said estate into the Court, there is therefore day giuen till the first tuesday in August nexte for the Creditors of the said Ralfe Glouer to make their demaunds of such debts as are due to them, or els the said estate shalbe devided betwixte those that then comes in the other to be excluded.
[120] A Court of Assistants holden att Newe Towne July 1th 1634.
Present
The Goûnr
Deputy Goûnr
Mr. Winthrop
son, er.
Mr. Haynes
Robt Way to It was ordered that Robte Way shall continue wth remaine with Ensigne Gennison till hee Ensign Genni- make it appeare to the Court that hee hath lawfully assigned him to some other, hee confessing hee was assigned to him by his maistr Way.
Mr. Endicot
Mr. Tresurer
Mr. Pinchon
Mr. Nowell
Wm. Almy Willm Almy is fyned x8 for not ap-
S: Bradstreete fined. peareing att the last Court being sumond & is inioyned to bring to the nexte Court an Inventory of the goods hee receaved of Edw: Johnson, duely prized by indifferent men.
It is ordered that the Tresurer shall pay vnto the Dorchester to pay 3li for Tho: Lane. Deputy Goûn' & some other the Inhabitants of Dor- chester the some of Three pounds, being charges they haue bene att with Thomas Lane an impotent pson.
* " Gaylard " in L. copy.
47
OF THE MASSACHUSETTS BAY.
Isack Allirton fined.
It is ordered that Mr. Isaack Allerton shall pay the some of xls to M'. Willm Dennison for charges of- | in | suyte aboute a debte of an hundreth pound.
It is further ordered that the Inhabitants of New Townes addition of accommodation by meadows. Newe Towne shall inioy the meadowe on the north side of ye pond (Except that weh John Chapi hath already mowen) & after to be decided by the genall Court to whome it shall belonge.
· referd to a comitt.
By consent of Mr. Marryner his company & John Differences betwene Jno Tilley, Mr. Marri- ner, & Jnº Coggan Tylley the difference betwixte them is referred to John Winthrop Sent. Esq'. Mr. Willm Peirce M. Thomas Beecher & M'. Stagg, also the difference be- twixte M'. John Coggin * & John Tylley for money payde by Mr. Coggin * to the shipps company, by their consent is referd to the p'tyes before menconed as likewise the difference betwixte John Tylley & Henry Cogan is referd to the prtyes aforesaid =in this refer- ence there is a bill of 331 of Jo. Tylley agst. excepted.
[121] A Court holden att Newe Towne August 5th 1634.
Present,
It was ordered that Wednesday the 20th of this
The Goun Deputy Goûnr
moneth shalbe kept as a day of publique
Mr. Winthrop, Senr.
Mr. Haynes
Mr. Humfry
Mr. Endicot
Day Thanks. thanksgiueing throughout the se@all plan- tacons for the safe arriueall of shipps and passen- gers this sumer er.i
Mr. Tresurer
Mª, Coddington
Mr. Pinchon
Ipswich.
It is ordered that Aggawam shalbe called Ipswitch .¡
· 50g It was witnessed vpon oath that James Rawlens tooke xviijd aday & meate and drinke for 10 dayes worke, for one of his servts for weedeing corne, contrary to an order of Court & therefore is to pay 58 for ety day hee hath soe transgressed.
Jno Humphry, Esqr sworne.
John Humfry Esq' being chosen an Assistant att the last genall Court did nowe take an oath to his place belonging in presence of the Court.
Richd Cornish. Rich Cornishe hath bound himselfe in x1 for his wyves psonall appearance att the Court # in Octobr [next] to answer to such things as shalbe obiected against her.
* " Cogan " in L. copy. t See Winthrop I. 137. # " To be holden " in L. copy.
Mr. Nowell
S: Bradstreete.
48
RECORDS OF THE COURT OF ASSISTANTS
Fra Godson find. Frauncis Godson hath bound himselfe in x1 for his psonall appearance att the Court to be holden in Octobr nexte to answer for breach of an order of Court for in take- ing to greate wages er.
Sam: Hosier, constā.
Sam" Hosier chosen & sworne Constable of Waterton.
Kathe: Gray to be wbipt, er.
It was ordered that Katherine Gray shalbe whipt for her filthy & vnchast behav' wth Thomas Elkyn.
Rich Hitchcocke hath bound himselfe in xx1 to Ri: Hitchcock bound make his psonall appearance att the Court to be ouer to ye Court. holden the first tuesday in Octobr nexte to answer to such things as shalbe obiected against him.
Widdo Bozworths prouission.
It was ordered that such moneyes as shalbe layde out for the mainetenance of Widd: Bosworth & her famyly shalbe payde againe by the Treasurer.
Whereas it was made knowen to the Court that Robt Way to abide wth Edwd Burton. Robte Way was lawfully assigned by Ensigne Genni- son to Edward Burton it was therefore ordered that the said Burton shall keepe the said Way according to covenant.
John Humfry Esq'. & M'. Increase Nowell was Mr. Aspinwalls oath to be taken, er. desyred by the Court to take deposicons of the wit- nesses of Mr. Aspinwall in a case betwixte S' Willin Brewerton * Ba[r ] & the said MY. Aspinwall.
[Pages 122 to 131 contain the General Court record for Sept., 1634. Page 132 is blank.]
[133] Att a Court, holden at Newe Towne, Octobr 6th, 1634.
Prsent It is ordered that Ensigne Jennison
The Goûnr Ensigne Jen- shalbe ffyned the some of xx1 for vpbrayde-
Deputy Goûnr
Mr. Winthrop
Mr. Haynes
Mr. Endicott
nison. ing the Court with Iniustice, vttering theis words I pray god deliuer mee from this Court profess- ing hee had wayted from Court to Court & could not haue justice done him - er.
Mr. Pinchon
Mr. Nowell
Mr. Winthrop Jur
Mr. Bradstreete.
It is ordered that Leiuetent Feakes,t
Mr. Crafords Mr. Rich: Browne Mr. Pendleton & Epha- goods invento. rim Childe shall take an Inventory of the goods & chattells of M. Craford lately disceased & returne the same into the nexte Court.
* " Brereton " in L. copy.
t " Feke " in L. copy.
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OF THE MASSACHUSETTS BAY.
It is ordered that M. Hull, Willm Gallerd * Damage in Thos Richards corne. Eltweed Pumery Mr. Willm Hill & M. Willm Haythorne shall haue power to heare & determine the se@all trespasses that hath bene done, by the swine of sewall psons, in the corne of Thomas Richards, as also for the charge hee hath bene att in keepeing his corne & for other charges incident therevnto.
Clement Brigs find for entge Indean.
Clem Briggs is ffined x8 for intertaineing an Indean without leaue & is enioyned forthwith to dis- charge himselfe of him.
John Kirman tooke oath hee was sumond by Kir[k]mans dañg. Rich: Kent to appeare this day att the Court to answer him in an accon of trespasse & nowe psecutes not, soe the Court hath giuen him x8 damage.
Jno Lees cens. for reproaching ye Gournor. It is ordered that John Lee shalbe whipt & ffyned xl't for speakeing repchfully of the Go@n' sayeing hee was but a Lawer's clerke, & what vnderstanding hadd hee more then himselfe, also taxeing the Court for makeing lawes to picke mens purses, as also for abuseing a mayde of the Goûn's pre- tending love in the way of marriage, when himselfe professes hee intended none, as also for intiseing her to goe with him into the corne- feild er.
Sam: Hall find for drunk.
Sam" Hall is ffined vs for drunkenes by him comitted a shipboard himselfe freely confessing his offence.
Rich: Lambert hath forfected his bond of x1 wch Ri: Lamberts bond forfeited. bound him to appeare att this Court. And it is ordered that Beniamin Gilham & Robte Walker shall haue vs apeece allowed them, being witnesses sumoned to appeare./
John Humfry, Esqr. is deputed by the Court to take deposicons of the witnesses to the will of Willm Payne lately disceased.
[134]
Vpon a Complaynt of ye Saggamore of Aggawam Agawams damag. by Charls Towne swyD. for hurte done in his corne by the Swine of Charlton, it is ordered that Mr. Nowell shall heare his wit- nesses, & appoynct what satisfaccon hee shall haue, & whoe shall giue it, & to binde ouer to the Court those that refuse payemt.
* " Gaylard " in L. copy.
t xx changed to xl1.
50
RECORDS OF THE COURT OF ASSISTANTS
Att a Court holden att Newe Towne Novemb' 7:h 1634.
Present
The Goun Deputy Goûn Mr. Winthrop
It is ordered that the goods and chat- Olliur goods sequestred. tells of Christopher Ollyver nowe in the custody of Roger Williams & Thomas Okam, or the proceede thereof, shalbe sequestred & remaine in the hands of Mr. Israell Stoughton, till the said Christopher Olyver shall satisfie such debts as are due from him to M'. Israell Stoughton & John Hoskins, Sent./
Hen: Brights censure for swearing.
It is ordered that Henry Bright shalbe set in ye Bilbowes for swearing.
Ens: Rich: Dauen- port sent for, for defaèng his coulors.
It is ordered that Ensigne Damford shalbe sent for by wart with comaund to bring his col's with him to the nexte Court as also any other that hath defaced the said col's .*
Wm Knop bound ouer.
Willm Knopp is bound in x1 to appeare att the nexte Court & to abide the sensure of the Court for sweareing./
Mr. John Beniamin, Willm Pan[t]ry & Henry Beurall, for age, dis- mist from trayng. Goldston are (by reason of their age & infirmities) dismissed from traineing onely they are to haue in readines att all tymes sufficient Armes for themselues besides for their serv's.
Xopr: Grant find for drunkenes 20.
Christ: Graunt is ffined xx8 for drunknes by him comitted./
Pt of Jno Lees fine remitted him.
There is 301 of John Lee his ffines of x11 remitted him./
[135] Att a Court holden att Newe Towne March 3 1634.+
Present,
The Goun
Deputy Goûnr
Mr. Winthrop
Constb. find. xx8 for not retorneing his wart for the last Levy into the Court.
Mr. Haynes
Mr. Endicott
The constable of Boston is ffined the some of xx8 for ye like.
Mr. Tresur
Mr. Pinchon
Lockwoods It is ordered that Ruth Lockwood
Mr. Nowell
S: Bradstreete.
writings. widđ shall bring all the writeings that her husband lefte in her hands, to John Haynes
* See Winthrop I. 146.
t See Winthrop I. 150, for Meeting of Assistants Nov. 27, 1634. See also I. 154, for Meeting of Ministers Jan. 19, 1634-5.
1
The constable of Dorchestr is ffined
Mr. Haynes Mr. Tresurer Mr. Pinchon Mr. Nowell Mr. Bradstreete.
51
OF THE MASSACHUSETTS BAY.
Esq'. & Simon Bradstreete on the third day of the nexte weeke, whoe shall detaine the same in their hands till the nexte Court, when they shalbe disposed of to those to whom they belonge.
Ed[w: ] Hubbard, constble.
Edmond Hubbert Sent. chosen constable of Charl- ton for this year nexte ensueing & till a newe be chosen.
Mrs. Ann Loomans goods to be inventó.
It is ordered that the goods & chattells of Mrs. Ann Looman shalbe Inventoryed by 3 or 4 of the ffreemen of Rocksbury & retourned into the Court
in Aprill nexte. shall doe it.
M. Pinchon is desired to appoynct the men that
Whereas John Stanley dyed intestate in the Way Jno Stanley estat diuided & setled. to Newe England, & lefte three children vndisposed of, the yongest whereof is since disceased haveing also lefte an estate of cxvj' in goods & chattells er. It is therefore ordered with the consent of Thomas Stanley brother to the said John disceased, that hee shall haue || forthwith| the some of lviij] of the sd estate putt into his hands, in consideracon whereof the said Thomas Stanley shall educate & bring vpp John Stanley sonne of John Stanley disceased, findeing him meate drinke & appell, till hee shall accomplishe the age of xxi yeares & att the end of the said tearme shall gine vnto the said John Stanley the some of ffifty pounds./
Also it is further ordered with the consent of Tymothy Stanley another brother of the aforesd John Stanley disceased that the other lviiji of the aforesaid estate shalbe putt into the hands of the said Tymothy Stanley in consideracon whereof the said Tymothy shall educate & bring vpp Rueth Stanley daughter of the aforesd John Stanley disceased findeing her meate drinke & appell, till shee shall attaine the age of one & twenty yeares, & att the end of the said tearme or att the day of her marriage with Tymothy Stanleyes consent, shall giue vnto the sd Ruth Stanley the some of thirty pounds, pro- vided if eyther of the said children shall dye before the expiracon of the said tearmes, then the p'ty whoe kept the said Childe shall stand to the order of the Court for payeing soe much to the survyveing childe as the Court shall appoynct.
[136] March 3. 1634.
Ri: Cokars sent. to be whipt.
It is ordered that Rich: Cokar shalbe whipt here this day, & on the fifth day of the nexte weeke att Boston, for intiseing se@all psons, that were servants, to run away to the Dutch Plantacon & to steale dyvrs things to carry with them./
52
RECORDS OF THE COURT OF ASSISTANTS
Sam: Johnsons sent. Also it is ordered that Sam" Johnson shalbe whipt for the like offence.
It is referd to John Humfry & John Endicott Esq'. to heare & determine all matters of difference concerneing the estate of
Willust disceased, weh is betwixte any that layes claime to any p'te thereof./
[On pages 137 to 145 is the record of the General Court 4 March, 1634-5. ]
[146] Att a Court holden att Newe Towne Aprill 7th 1635.
Present
The Gounr.
Deputy Goûnr. Mr. Winthrop
It is referd to John Haynes Esq'. & M'. Robte Feakes * to audit the accompts betwixte Edward Howe & Willm Knopp, to sweare witnesses, & examine them what they can say in the case, & to make returne thereof into the nexte Court.
Mr. Haynes
Mr. Tresur.
Mr. Pinchon
Mr. Nowell S: Bradstreete.
Ensigne Jennisons ffine of xx1 is re-
Ens. Genisons
fine remit. mitted him vpon his submission & ac- knowledgemt of his offence.
Nahaton find 2
skine bevar.
It is ordered that Nahanton shall giue two skins of beavr to Mr. Blackestone, for damage done him in his swine by setting of trapps er.
Further it is ordered that Capt. Traske shall pay Abt Plow Pattent. to John Kirman, out of the estate of the Company of husbandm the some of ffoure & twenty pounds, eleven shillings & fyve pence being the remainder of the eight pte of the said estate, weh was by order of Court gyven the said John Kirman Provided if hereafter it shall appeare, that there is not soe much due to ye said John out of the said Sth pte, that then hee shalbe accomptable for the same.
It is refered to t the church of Waterton witlı Lockwood estate. the consent of Robte Lockwood execut' of Edmond Lockwood disceased, to # dispose of the children & estate of the said Edmond Lockwood (gyven to them) to such psons as they thinke meete, as also to take an accompt weh if they pforme not within foureteene dayes, it shalbe lawfull for the Gown". John Haynes Esq'. & Simon Bradstreete to dispose of the said children & estate as in their discrecon, they shall thinke meete, as also to take an accompt of the said Robte Lockwood, & giue him a full discharge.
* ffeke in L. copy. t Ordered that in L. copy.
# May in L. copy.
53
OF THE MASSACHUSETTS BAY.
Mountagues censů : It is ordered that Griffin Mountague shalbe sett in
the bilbowes, for stealeing boards & clapboards from Mr. Wilbore & is enioyned to remove his habitacon from Muddy Ryver before the nexte genall Court vnder the penalty of v1.
Willm Swifte promiseth to gyve xxs towards the cure of his late servant being infirme & lame.
It is referd * to M'. Tresurer & Mr. Pinchon to examine & prepare the business betwixte Mr. Coxeall [&] Sayles his daughter & John Levens & to returne the same into the nexte Court.
Hewards sent.
Ordered that John Heward + shalbe whipt for sweareing & stealeing.
226
The line betwixt Roxbury & New
The lyne betwixte Rocksbury & Newe Towne # is layde out to run south west from Muddy Ryver, neere that place wch is called M'. Nowells bridge, a tree being
Towne. marked on foure sydes & from the mouthe of the ryver to that place, the southe syde is for Rocksbury & the north syde for Newe Towne # by mee p Willm Jennison.
[147] Willm Colbran John Johnson & Abraham Palmer being ap- poyncted by the genall Court to lay out the bounds 227 betwixte Waterton & Newe Towne # did make this returne into the Court .-
Bounds betwixt
It is agreed by vs whose names are here vnder- written, that the bounds betweene Waterton & Newe
Water Towne &
New Towne. Towne shall stand as they are already from Charles Ryver to the greate freshe pond & from the tree marked by Waterton & Newe Towne on the south east syde of the po[n ]nd§ ouer the pond to a white poplar tree [on the norwest syde of the pond, & from that tree] T vpp into the Country norewest & by west, vpon a straight lyne by a merydian compasse, and ffurther that Waterton shall have one hundreth rodds in lenght above the Weire, & one hun- dreth rodd beneath the weire in lenght, & threescoore rodd in breadth from the Ryver on the southe syde thereof, & all the rest of the ground on that syde the River to lye to Newe Towne.
Willm Colbran John Johnson Abraham Palmer.
* It is ordered & referred in L. copy.
§ Pond in L. copy.
t Heyward in L. copy. # Newton in L. copy.
T These eleven words omitted in the L. copy.
54
RECORDS OF THE COURT OF ASSISTANTS
[On pages 148 to 152 is the record of the General Court for May, June and July, 1635. Page 153 contains lists of freemen 1635 and 1636.]
[154]
Att the Court holden in June 2 1635.
Prsent,
Perkins bill.
It was ordered that wart shalbe sent
The Goûn
Deputy Goûn
Mr. Winthrop
Mr. Dudley
Mr. Pinchon
Mr. Nowell
Mr. Hough
Mr. Dumer
Mr. Bradstreete.
Forfect.
M' Humfry is ffined x8 for his absence from ye Court.
Richd Kings
goods admistd
on by Rich:
Bishop.
There is administracon graunted to Richard Bish- opp (in the behalf of his wife) of the goods & chattells of Richard King disceased./
In the cause of the children & widdowe of Edward * Lockwood (the elders & other of the church of Water- ton being p'sent) & vpon consideracon of the order of court in Aprill last, made in the case, t wch was found not to have bene ob- served, because the estate was not computed & apportioned, It is nowe ordered with consent of all ptyes, viz the Church of Waterton the widd : of the said Edmond lyveing, & the execut", haveing consented to the former order, that the present Goin' & the Secretary shall have power to call pties, & witnesses, for findeing out the true estate, & haveing consideracon of the vncertainety of the will, & the debts, & other circumstances, to apporcon the remainder of the estate to the wife, & children, according to their best discrecon, & then the Church of Waterton is to dispose of the elder children, & their pcons, as shalbe best for their Christian educacon, & the preservacon of their estate.
It is ordered with the consent of John Cogan Comittee abt ship Thundr. John Tylley Willm Hill Henry Wulcott, & Humfry Pynney that the arbitrators chosen by them, vz. M. Willm Haythorne, # Will: Halford, Roger Williams, & Rich Collicott, shall have full power to make a ffinall end of all differences, & ac- compts betwixte the said ptyes, concerneing the shipp Thunder, weh the Court enioynes them to pforme before this day fortnight & to returne into the nexte pticular Court, what they have done herein, & in the meane tyme all execucons concerneing the shipp Thunder to be re-
So in the original.
t Cause in L. copy.
# Hathorne in L. copy.
to Norton to bring into the nexte
Court a bill of v made by Goodñ Perkins to Thomas Wade, yt it may be safely kept till it appeare, to whome it is due, the money being gyven, (as the Court is informed) to Jonathan Wade his brother./
55
OF THE MASSACHUSETTS BAY.
speted. Also it is ordered that the arbitrators shall have power to examine witnesses vpon oathe./
[155] Att the Court holden att Newe Towne July the 7th 1635.
Present, Steven Terry was sworne Constable of Dorchest"
The Goûnr
for a yeare & till a newe be chosen./
Mr. Winthrop
It is ordered that Ensigne Jennison
Mr. Dudley
Lands sold by
Chickatabut to & M. Woolridge shall require the Indians
Mr. Tresurer
Mr. Pinchon. that were present with Chickataubut when
Mr. Pinchon
Mr. Hough Mr. Nowell hee solde certaine Land aboute Massachusetts to M'. M :. Bradstreete Pinchon, or knewe what it was, to sett out the sewall Mr. Dumer. bounds thereof, & to returne the same to the Goûn' be- fore the last day of this weeke M. Smyth & Goodman Wright are allowed to goe alonge with them./
In consideracon of money disbursed by Mr. Henry Seawall for the transportacon of Edward Bosworth & Order to rem- burse Mr. Henry his ffamyly, It is ordered that Jonathan Bosworth Sewall as to shall pay to M'. Seawall the some of v1 vpon the 29th of Septembr. nexte, Willin Buckland v on the said 29th of Sept Nathanaell |Bosworth| v] ]s att the said day & 18 more that day twelue moneth, & Beniamyn Bosworth xxx8 on the said 29th of Sept". & iij1 x8 att midsummer nexte, all theis somes to be paide to the said M. Seawall.
Also it is agreed that the forenamed pties shalbe bound one for another for the payment of the said somes att the se@all dayes of payemt.
Ordered that Frauncis Toby (for misdemean' by
Francis Toby him comitted) shalbe bound to his good behavr, & shall putt in suretyes for the same, or els to remaine in holde./
John Love is ffined x8 for drunkenes.
[156] Att the Court holden att Newe Towne August 4th 1635.
The Gounr.
Deputy Goûnr.
Mr. Winthrop
Mr. Dudley
Mr. Tresurer
Mr. Pinchon John Holland being att the Eastward
Mr. Nowell
Mr. Hough
sent.
Wannertons affirmeth that Mr. Thomas Wonnarton
Mr. Dumer threatned to sinke his boate if hee would
Mr. Bradstreete. not pay him a debt that Henry Way ought ; him, &
* Gaylard in L. copy.
t Owed in L. copy.
Deputy Goun
Present, Willi Gallerd * & Willm Rockwell executors of John Russell hath exhibited into Court an Inventory of the goods & chattells of the said John Russell disceased.
ye Bos[worths]
56
RECORDS OF THE COURT OF ASSISTANTS
called him roage & knave, & said they were all soe in the Bay, & that hee hoped to see all their throates cutt, & that hee could finde in his heart to begin with him, & therevpon strucke him vpon the head, and when the said Holland tould him, if Way ought him any money hee might recouer it by lawe, to weh Woñarton answered that they had noe lawe for them but to sterue * them. the like Bray Wilkinson & Robte Ellwell witnesseth against Wonorton Wherevpon it
His cens.
was ordered, that the said Wonarton should putt in sufficient suryties for his good behav & in the meane tyme to remaine in durance./
There is admstracon graunted Willin Stitson of Admstraton to Wm Stitson of Robt. the goods & chattells of Robte White disceased, & it Whites estate. is ordered that all his credit's shall repaire to the Deputy & Tresurer, before the nexte Court, whoe shall haue power to examine witnesses er. & such debts as they shall finde due they shall giue wart to the said admstrat" to pay, & those that are doubtfull shalbe transferd to the Court./
Seurall fforfects abt wages.
Mr. Hutchingson witnessed vpon oath that Arthur Holbidge tooke 29 6ª a day of him for 30 dayes worke,
Richard Bulgar 6 dayes Thomas Munt 9 dayes, & James Hawkens 36 dayes, all att 2' 6ª a day & soe haue all forfected vs aday according to the order of Court./
Mr. Cogan witnessed vpon oath that James Hawkins tooke 23 6ª a day of him for 14 dayes.
Jnº Pikes allow. as a witnes.
There is xs graunted to John Pyke, for his charges being brought from Ipswch as a witnes against John Mustlewhite.
Wm Willis cens.
The Court hath enioyned Willm Wills to pay to Gyles Gibbs the some of xvjs for ffellony by him
comitted./
With the consent of M. Humfry M. Hough & Richard Wright, the difference aboute two heifers that Richard Wright kept is referd to Mr. Winthrop Mr. Dudley & MT. Nowell, whoe hath power gyven them to examine witnesses vpon an oath & soe putt an end to the difference. It was ordered that Arthur Holbidge shall putt Arthur Holbidg in surytye for his good behav' for contempt by him sent. comitted, & in the meane tyme to be imprisoned./
Ordered that James Hawkins fforfects shall forthwth be levyed, &
* Starve in L. copy.
57
OF THE MASSACHUSETTS BAY.
in case hee hath noe goods, his body shalbe taken & imprisoned till it be payde .* [157] John Russell merchant disceased att Dorchestr Jno Russells nun- August 26th 1633 & before his death being of a dis-
cupative will. poseing vnderstanding, did make his last will, in the presence of Mr. John Warham Pastr of the church of Dorchestr Tho: Moore, John Moore, & Tho: Deway in the words followeing or to the same effect.
Halfe of my estate I giue to the church of Dorchest' & halfe to my brothers Henry Russell & Thomas Hyatt, except my mans tyme, wch I giue to my man, & hee desired that in the disposeing of his goods to Dorchestr, there should be espetiall respect hadd to olde Dorchestr people nameing Goodñ Caping.
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