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Records of the Colony of New Plymouth, in New England : Printed

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Records of the Colony of New Plymouth, in New England : Printed 'i.V:KE3!JRj CORNELL UNIVERSITY LIBRARY BOUGHT WITH THE INCOME OF THE SAGE ENDOWMENT FUND GIVEN IN 1891 BY HENRY WILLIAMS SAGE 097 3 1924 070 695 wx. Cornell University Library The original of this book is in the Cornell University Library. There are no known copyright restrictions in the United States on the use of the text. http://www.archive.org/details/cu31924070695097 RECORDS OF PLYMOUTH COLONY. JUDICIAL ACTS. 1636—1692. RECORDS OF THE COLONY OF NEW PLYMOUTH IN NEW ENGLAND. PRINTED BY ORDER OF THE LEGISLATURE OF THE COMMONWEALTH OP MASSACHUSETTS. EDITED BY NATHANIEL B. SHURTLEFF, M.D., MEMBER OF THE MASSACHUSETTS HISTORICAL SOCIETY, FELLQ-W OF THE AMERICAN ACADEMY OF ARTS AND SCIENCES, MEMBER OF THE AMERICAN ANTIQUARIAN SOCIETY, FELLOW OF THE SOCIETY OF ANTIQUARIES OF LONDON, ETC. JUDICIAL ACTS 1636-1692. BOSTON: FROM THE PEESS OF WILLIAM WHITE, PRINTER TO THE COiMMONWEALTH. 185 7. jinl CORNFU} V UBRARY yj REMARKS. npHIS volume comprises the record of the Judicial Acts of the General -"- Court and Court of Assistants of the Colony of New Plymouth. They were originally contained in one manuscript volume, though divided into two Parts, and are in the handwriting of the various secretaries of the colony, as designated in the printed copy. The first Act recorded bears date the third of January, 1636-7, and the last the fifth of April, 1692, consequently extending until the imion of the Massachusetts and Plymouth Colonies under the Provincial Charter, which passed the seals in the year 1691. There are no records of a similar character anterior to the year 1637, excepting those to be found in the volumes of Court Orders. During the usurpation of Andros the records of judicial acts do not appear to have been kept by the colonial secretaries. Copious indexes, prepared with much care by clerks in the ofl&ce of the Secretary of the Commonwealth, are appended. N. B. S. Decembeb, 1857. ; MARKS AND CONTRACTIONS. " A Dash (or straight line) over a letter indicates the omission of the letter following the one marked. ~ A Curved Line indicates the omission of one or more letters next to the one marked. A Superior Letter indicates the omission of contiguous letters, either pre- ceding or following it. A Caret ^ Indicates an omission in the original record. A Cross X indicates a lost or unintelligible word. All doubtful words supplied by the editor are included between brackets, [ ]. Some redundancies in the original record are printed in Italics. Some interlineations, that occur in the original record, are put between parallels, || ||. Some words and paragraphs, which have been cancelled in the original record, are put between + + . Several characters have special significations, namely : — @ , — annum, anno. oi, — mo, month. a, an, am, curia, curiam, — par, por, — pt, part ption, por- — — p, ; a, — matrate, magistrate. tion. t, — ber, — numfe, number j Rofet, p, — per, — pson, person. Robert. p, — pro, — pporcftn, proportion. c, — ci, ti, — accon, action. p, — pre, — psent, present c&, — tio, — jurisdiccon, jurisdiction. q., — q.stion, question. 5, — ere, cer, — a6s, acres. ^, — es^, esquire. , d, —• dd, delivered, f — Apr, April. e, — Trer, Treasurer. i, — s, session ; sd, said. e, — committe, committee, s, — ser, — svants, servants. g, — gnlal, general ; Georg, George. £, — ter, — neu£, neuter. h, — chr, charter. t, — capt, captain, 1, — begig, beginig, beginning. Q, — uer, — sefial, seueral. }, — ire, letter. u, — abou, aboue, above. m, — mm, mn, — coinittee, commit- ^, — ver, — se^al, several. tee, w, — wn, when. ffi, -^ recomdacbn, recommendation. y, the ; y", them ; y", then j y', their M, — mer, — foriBly, formerly. y", this ; y', that. 6, — month. 5, — us, — vilibj, vilibus. aiio, anno. — es, et, — statut^, statutes. n, — nn, — Pen, Penn ; ^ ii, — Dni, Domini. (6, &6, &c*, — et caetera. fi, — ner, — manii), manner. vizj, — videlicet, namely. 5, — on, — mentio, mention. — full point. •I CONTENTS. JUDICIAL ACTS, 1636—1692, 3 GENERAL INDEX, 3lS JUDICIAL ACTS 1636-1692. PLYMOUTH RECORDS. THE EECORDS OF THE COLONY OF NEW PLYMOUTH IN NEW ENGLAND. [The following pages contain the Judicial Acts of the General Court and Court of Assistants of the Colony of New Plymouth, in New England. The first thirty pages of the First Part are in the chirog- raphy of Mr. Souther ; after which there is a chasm of two years, from July, 1646, to October, 1648, when they appear in that of Secretary Morton, who completes the First Part, which contains two hundred and thirteen pages. Part Second, as far as the sixty-third page, is also by Mr. Morton, and the remain- der is by Messrs. Clarke and Sprague. No records appear in the volume between the fifth day of October, 1686, and the eighth day of October, 1689. The Second Part contained one hundred pages.] JUDICIAL ACTS OF THE GENERAL COURT AND COURT OF ASSISTANTS. *JVew Plymouth Collony. At the Generall Court held the third Day 163 6-7. ""' of January, in the twelft Yeare of the Raigne of our SoU- ^ ^ 3 January. aigne Lord Charles, by the Grace of God of England, Scot- p^m i. land, France, and Ireland, King, Defender of the Fayth, 8fd. [*!•] jlnno Dm 1636. COMFORT STARR, of New Towne, in Mattachusetts Bay, complained against Wilim Hatch, of Scituate, in a plea of debt vpon a bond of seaventy eight pounds, for the payment of thirty nine pounds. The bond was shewed in Court, & confessed by the deifen*, & the jury found for the pitiffe twenty six pound & tenn shillings debt, three pound damnag, and the cost of the Court about the suite. Judgment was graunted, but execucbn deferred vntiU the next Court. Nathaniell Tilden, of Scituate, complaines against Comfort Starr, of New Towne, in Mattachusets Bay, in a plea vpon the case, to the damnage psonally ap- of one hundred pounds ; in w* action the said pltiff did not ordering peare, but sent a declaracbn ; wherefore the action was referred to the (3) PLYMOUTH COLONY RECORDS. 163 6-7. and ending of M' James Cudworth and Samuell Hinckley, of Scituate ; and '- y—-' — if they cannot agree, the same then to take a third man vnto them, and so to 3 January. end the same ; but if the said M' Tilden shall refuse their end and arbitri- Pari I. ment, that then he shall pay M' Starr, the deff"' his charges, and the deffen* to be subject to a new action. Nathaniell Thomas complaines against Georg Soule, in an action vpon the case, by attaching two heiffers, in the behalf of his father, Wilim Thomas. The jury found for the deffen*. Georg Soule complains ag^' Natha" Thomas, in a plea of trespasse, to the damnag of fourty pounds. The jury found for the pW, the beasts to be restored to him, & gaue him xii* damnag, & costs of suite. The Jury. M'^ John Atwood, Wilim Gilson, John Winslow, Thomas Willet, Steeven Tracy, Edward Bangs, sworne. • sworne. Edward Foster, Wilim Paddy, 6 February. *jt a Couvt of Assistauts Md at JYew Plymouth, the sixt Day ^^'^ of Febrmry, Anno Dm 1636. WILLM PADY complaines ag^' Webb Adey, in an action vpon the case, to the damnage of v" vij= v*, vpon a bill of pticulers shewed in Court, whereof by the same bill he hath receiued iii" xii" ix*, & there "^^ resteth due xxxiiij' iiij''. The def answereth, that he hath paid ix» viii* more, and will pay xx» more this weeke, and a bushell of corne at harvest next, in full satisfaccbn of the said debt ; and the pitiffe therew*'' content, or els execucbn to be graunted for xxv'. JUDICIAL ACTS. At a Court of Assistants held the vif^ March, 1636. 1636-7. 7 March. CLARKE complaynes against Edward Dotey, in an action GEOE.G Paki I. vpon the case for to the damnage of xij" for a deceitful! bargaine made -w*"^ him for a lot of land. The Court ordered it by consent of both pties, that the said Edward Dotey shall either repay to the said George Clarke the eight pound^ he hath receiued for the said lot in pt of payment, vpon the last day of Nouember next, or els vpon the payment of foure pounds more vnto the said Edward Dotey by the said George Clarke : the same day the said Edward Dotey shall assure the said lot of land vnto the said Georg Clarke and his assignes for euer. At the Gefiall Court held the vif' of March, Anno Dm 1636. 7 March. M'' Bradford, GoUnd". FE.AUNCIS COOKE complains against Thomas Lettis, James Walter, John Browne the yeonger, & Thomas Teley, and against M"^ John Browne thelder & Thomas Willet, vpon an action of the case, to the damnag of x'*, for that they, the said Thomas Lettis, James Walter, John Browne the yeonger, & Thomas Teley, in the service of the said John Browne thelder, & Thomas Willet, did, about the ix"" day of November last, vnreasonably abuse the cattle of the said Francis Cooke, insomuch that therevpon one cowe cast her calf, & hath lost her milk, & is in danger to be lost her- self. The jury found for the pitiff against John Browne thelder, and doe assesse him three pounds damnage, and the cost of the suite. An execucon made forth for S*" damnage, & 13^ 6* charges of the suite. The names of the Jury for Tryall of Yssues betwixt pty & pty, the 7"' of March, 1636. John Done, Wilim Basset, James Hurst, Josiah Cooke, Henry Rowland, John Jenkin, > sworne. f sworne. Thomas Cushman, Wilim Hodgkins, Richard Burne, William Pontus, George Kennerick, PLYMOtfTH COLONY RECORDS. 1636-7. •Humfrey Turner complaines ag'* Willm Hamans in an action of debt for xxxix% vpon a note of the s'' Hamans hand, wherevpon his goods were at- 7 March.
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