USA > Massachusetts > Suffolk County > Chelsea > Documentary history of Chelsea : including the Boston precincts of Winnisimmet, Rumney Marsh, and Pullen Point, 1624-1824, vol 1 > Part 44
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425
CHAP. IX]
CONTEST FOR BELLINGHAM ESTATES
[Blake, Answer.] 5. If the Law had not according to Reason prudently provided, yt one being peaceably possessed of Land should (by whomsoever pretending title thereto) Continue his possession till Legally ejected, then Club-Law in this Case would goe farthest; But the Laws of or owne nation, this & all the Col- onyes thereto belonging, & all Civill Kingdoms & States, being Such a hedge to or peace, the breaking thereof can hardly be Construed a Civill action but according to the appellants phrase, is humbly Conceived to be Criminall & ought to Come undr Correction.
The foregoing " Reasons," signed by Hutchinson and filed August 27, 1673, were probably written by Addington, the Clerk of the Court.12 His legal notions were certainly crude. John Blake signed his own " Answers," but they were doubt- less drawn by Wharton, who, if not educated as a lawyer, evidently had some familiarity with legal business and legal principles. The result of the case in the appeal is not given ; but doubtless it was for Blake, as in the court below.13
12 [The original, in Suff. Early Court Files, No. 1225, Paper 10, is not in the handwriting of Isaac Addington. Captain Hutchinson was familiar with court proceedings. In 1674/5, the County Court appointed him to prosecute and implead Ezekiel ffogg for misdemeanours for which the latter stood bound to the court. (Court Record, 1671-1680, p. 300.) Also he had served as a judge in the Commissioners Court since 1670.]
13 [The Bill of Costs shows that Blake won both appeals. Richard Wharton, attorney for Blake, charged for three days' attendance at the County Court, and nine days at the Court of Assistants. The bill was dated September 16, 1673. See infra, pp. 429-440, for the papers in this and the following suits. At the April term of the County Court the trustees sued Lieutenant John Smith for the rent of the Ferry farm, a life interest in which had been given by the will to Dr. Samuel Belling- ham and his daughter; they recovered. This judgment was confirmed by the Court of Assistants at the same term at which the judgments above mentioned were reversed. July 25, 1673, the trustees secured an attach- ment against Ebenezer Hayden for five years' rent of a shop belonging to the estate of Governor Bellingham in Boston. The case was tried at the October term of the County Court after the decisions above cited had been rendered in the Court of Assistants. The trustees lost. No appeal was taken. (MSS. Records of the County Court, 1671-1680, p. 167.) At the April term of the County Court in 1674 the trustees made complaint that " Mr Richard Wharton had unjustly molested & disquieted " William Eustace tenant at Winnisimmet of the farm "formerly occupied by Nicholas Rice," and had "turned the sd. Eustas his goods out of dores." The Court, upon Wharton's acknowledgment of the same, ordered the Marshall of Suffolk to reinstate Eustace.
The line of delimitation marked out' by the Court of Assistants, and followed by the County Court, seems clear. The executors were decmed
426
HISTORY OF CHELSEA
[CHAP. IX
trustees of that part of Governor Bellingham's estate bequeathed to their care by the will, -that is, of the farms at Winnisimmet; but were allowed no power of control over the real estate of the governor situated elsewhere. Richard Wharton so managed that the trustees had to begin proceedings, placing him and his tenants in the position of defendants. Thus the executors were forced to prove title, and could not press the question whether Wharton possessed a power of attorney, legally proved, from the heir at law that would justify him in assuming control over such lands of Richard Bellingham deceased as were not bequeathed by will. ]
427
APPENDIX 1
CHAP. IX]
APPENDIX 1
[AN INVENTORY 1 OF THE ESTATE OF THE LATE RICHARD BELLINGHAM ESQR LATE GOVE OF THE MASSACHUSETTS COLONY IN NEW ENG- LAND TAKEN & APPRIZED BY VS WHOSE NAMES ARE UNDERWRITTEN. YE 20 DECEMBER 1672
[Household goods & clothing in the house in Boston including a library of books, £30
- £ s. d. 157:03:03 034 : 16 : 0 008 : 03: 04 140:01: 0
Jn Mony
Jn the 4 ffarmes at Winnisimett. viz: in the occupacon of leift Smithi one of 50€ p yeere. in the occupcon of Jeremiah Belcher one of 10€ p yeere in the occupacon of Samuell Townsend of . 40€ p yeare . in the occu- pacon of Nicholas Rice one of . 20€ p yeere . all is . 120£ p yeer at : 16 . yeer's purchase . is . 1920 : 0 : 0
a parcell of Marsh in the occupacon of - Newbarry of Charlstowne rented for . 20s p yeere .
a parcell of Marslı in the occupacon of Chamberlin rented. at . 3£ p yeer .
A pasture in Boston being about . 21% . acre more or less lying at the South end of the Town butting upon Angola's house & joines to the land of Mr Colborn at . The ground upon the Hill behinde mr Davenports 0030 : 0 : 0
The Dwellinghouse & ground belonging to it & Shop's before it
0600 : 0 : 0
Stock at Boston & Winnisimett
2. Cows & one horse wth Bridle & Saddle at Boston 0010 : 10 : 0 2 Mares one about : 10 : the other about 8. years old . 0008 : 00 : 0
3 . about : 4 . years old . 0010 : 0 : 0 2. about . 3 . years old & one about : 2. yeers old 0007 : 00 : 0
2. last yeers Colts . 40s 2 heifers of . 2. years old. 50s is 0004 : 10 : 0
Apprised by us Edward Hutchinson sen! Thomas Clarke sen! £3244:03:07
Before this Jnventory was Sworn to the Executors did declare in Court Aprill: 29th 1673; that here is not Inventoried either
1 Suff. Prob. Rec., L. 7, ff. 303-305. This appraisal is dated December 20, 1672, but at the January term the County " Court grants liberty to . the late Governors Executors till the next Court to bring in an Inventory of that Estate." The inventory was presented at the April, not at the March term of court. Possibly the executors delayed awaiting the out- come of Wharton's expected prosecution.
0016 : 0 : 0
0048 : 0 : 0
0250 : 0 : 0
428
IHISTORY OF CHELSEA
[CHAP. IX
Debt's due to or oweing from the Estate because not yet known fully./. ME John Oxenbridge m" James Allen & m! Anthony Stoddard Executors to the last will of the late Richard Bellingham Esq deceased. made Oath in Court Aprill 29th 1673; that this paper conteines a just & true Inventory of the Estate of the late Richard Bellingham Esq! deceased to theire best knowledge & that when they know more, they will discover the same. donc.
as Attests. Isaac Addington Cler.]
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429
APPENDIX 2
CHAP. IX]
APPENDIX 2
[BLAKE VS. HUTCHINSON
Lease from Richard Wharton to John Blake 1
THIS Indenture made the 31th of Decembr 1672 : Between Richard Wharton Attourny to Doctor Samuell Bellingham the onely sonne & heire to Richard Bellingham Esqr late Governor of the Massachu- setts Colony deceased, of the one Pt & John Blake of Boston Shop- keeper on the ther P! Witnesseth that the saide Richard Wharton for & in the behalfe of the saide Samuell Bellingham Hath set & to ffarme lett & doth by these presents set & to ffarme lett unto the saide John Blake & his assignes all that peece & parcell of pasture ground late belonging to the saide Richard Belling- ham Esqr lying in the South west ffeilds or lotts belonging to the Towne of Boston neere the highway leading to Roxborough & is fronted by the land of James Pennyman & the house & land wherein Angola the Negro dwells & by a narrow passadge along by the dwelling of sd Angola leading to the sd pasture, which containes by Estimation two acres & a halfe bee the same more or less & is according to the bounds shewed the saide Blake bounded & inclosed To have & to hold to him the saide Blake & his assignes all the saide parcell of pasture land & ground from the day of the date hereof for one whole yeare the saide Blake or his assignes paying therefore to the saide Samuell Bellingham or his assignes or Attournys the sume of ffifty Shillings currt mony of New England at or before the last day of Decembr next ensuing & the saide Richard Wharton doth hereby on the behalfe of sd Samuell Bellingham Covenant & promiss to & with the sd John Blake to warrant & defend him in the quiet and peaceable posses- sion of the premisses from all persons claiming any right or title from the saide Richard Bellingham deceased or him the saide Samuell Bellingham And that what the saide John Blake shall disburst or expend for Repairing the saide ffences about the saide grounds shalbee defalked & abated out of the aforesaide Rent. In Witness whereof the pties hereunto haue jnterchangably set theire hands & Seales the day & yeare first abouewritten.
1 Copy attested by Isaac Addington, Clerk of the Suffolk County Court. Chamberlain MSS., i. 15.
430
HISTORY OF CHELSEA
[CHAP. IX
Scaled & delivered in presence of Richd. Wharton & a Scal. Benjamin Alford - Peter Lorphelin .
Owned in Court by mr Richard Wharton that this is his act & dced 29 : 5mº 1673. as Attests free Grace Bendall Cler.2
Copia Vera. Attestd @ : Isaac Addington Cler.
Testimony of Peter Lorphlyn and James Penniman 3
Peter Lorphlyn and James Penniman Testifie that vpon the last day of December last past, being requested by Richard Wharton, [they ] went with him into a peece of pasture ground lyeing behind ye deponts Pennimans house & Land, in Boston, on the North side of the way to Roxbury. And they with the said Wharton and mr John Blake went peace ably without any opposition into the said pasture, by the gate way, and there, vppon the said pasture, the said Wharton gaue possession thereof to m' John Blake in the name and for the vse of Doctor Samuell Bellingham, as heyre to the late deceased Governor, & yt the said Wharton left the said Blake in possession, and that the said Wharton and Blake requested ye deponant Penniman to nayle vp the gate, and he the deponant Penniman saith, that accordingly he did nayle vp the gate, and further they say not.
Sworne in Court 3 June 1673 as attest Robert Howard Clerie Cur Comiss.
This is a true Coppy of the originall word for word as it stands on file amongst the Records of the Comissioners Court heild at Boston the third of June 1673 & out thence drawne and examined the 25 of August 1673
Robert Howard Cleric Cur Comiss.4
Testimony of John Deacon and Jacob Eliot 5
The testimonies of John Deacon aged seaventy three or there abouts and of Jacob Eliot aged 41 or there about, say that some-
2 At the May term of the County Court, in 1673, Isaac Addington was ordered to resign the position of clerk with the records and papers to FreeGrace Bendall, " who is hereby restored to that place." At the July term of court Isaac Addington was appointed Clerk of the County Court, and FreeGrace Bendall Recorder of Suffolk County. Suff. Co. Court Rec., 1671-1680, pp. 108, 139, 153.
3 Copy attested by Robert Howard, Clerk of the Commissioners Court.
Suff. Early Court Files, No. 1225, Paper No. 7.
+ Endorsed. "Lorphlyn and Pennimans testimony in the Case of capt. Hutchinson agt Blake at Crs: Ct 3 June 1673"; also "Blake agt Hutchinson "
6 Copy attested as above. Ibid., Paper No. 11.
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1
431
APPENDIX 2
CHAP. IX]
time in Aprill Last past they being in a pasture belonging to Governor Bellingham deceased formerly, they did see m' Anthony Stoddard with the consent of the other Executors (as he said) when he gaue possession of the said past[ure] to Captayne Edward Hutchinson for one whole yeare, they being desired to be witnesses thereto.
Sworne in Court 3 June 1673 as attest Robert Howard Cleric Cur Comiss.
This is a true Coppie of the originall word for word as it stands on file amongst the Records of said Comissioners Court heild at Boston the said third of July 1673 & out thence drawne & exam- ined the 25 July 1673.
Robert Howard Cleric Cur Comiss.6
Testimony of Richard Wayte 7
Capt Edward Hutchinson had a bay horse impounded by John Blake in Boston : Capt Hutchinson replevied the horse for the next County Court to bee held at Boston in July next Ensuing, the very next day the same horse was impounded againe by the saide John Blake whereupon Capt Hutchinson did replevin him againe to bee tried at the Commission's Court to bee held at Boston the third day of June.
p mee Rich : Wayte. Sworn in saide Comission's Court . 3 . June . 1673. as Attest. Robert Howard Cleric.
This is a True Coppie of the Originall word for word as it stands on file amongst the Records of saide Comission's Court & out thence drawn & examined the 28th July : 1673 p pr dt
Robert Howard Cleric. Cur Comiss. This is a true Coppie as Attests. Isaac Addington Cler
COPY OF COURT RECORD IN HUTCHINSON US. BLAKE 8
At a Commissioners Court heild at Boston the third of June 1673. The Coppie of the Judgmt & appeale.
Captaine Edward Hutchinson plaintife against John Blake vppon a replevin of one bay horse of said captaine Edward Hutchinsons Impounded p said Blake &c.
6 Endorsed. "Cop : of Deacons & Eliotts oath in Hutchinsons case agt Blake at Crs : Ct : 3 June 1673."
" Copy attested as above. Chamberlain MSS., i. 27.
Suff. Early Court Files, No. 1225, Paper No. 1.
432
HISTORY OF CHELSEA
[CHAP. IX
Mr Anthony Stoddard declared in said court, That mr John Oxen- bridge, m' James Allen, with him the said Stoddard, did let vnto said Captayne Edward Hutchinson as tenant for one yeare, The pasture which was the late gouners neere the neek in Boston, And that he the said Stoddard gaue the said Hutchinson possession thereof, with the consent of the said Oxenbridge and Allen, who both appeared in said Court, and declared to the truth aforesaid. Which said Replevin and all other writings and evidences in the ease being red & duely considered by the Court, The said Court found for the plaintife Cost of Court fourteene shillings eight pence money.
The said John Blake appealed from the Judgmt of said Commis- sioners Court to the Court of Assistance, And he the said John Blake with Richard Wharton his suerty, binds themselves Joyntly and severally in the sume of five pounds vnto the Tresurer of this county and parties therein eoneerned. That he said John Blake, shall and will proseeute this his Appeale to effeet.
This is a true Coppy of the Judgment of Court with the Appeale as it stands uppon record in the said Court booke of Records & out thenee drawne & examined the 19 day of August 1673 ₹? Robert Howard Clerie Cur Comiss.
BILL OF COSTS IN COMMISSIONERS COURT.º Edw: Huchinson bill cost in the Action of Repleuen agt Jno Blake./- S d
paid by poundage 00 : 00 : 4
paid the Clerke for the Replevin 00: 00: 06
paid serveing and bond 00: 01: 04
copie of the Govr Bellinghams will 00 : 02: 00
Summons for witnesses
00: 00: 02
3 witnesses one day . 00: 04 : 06
t
my owne Attendance 00: 01:06
entering the action 00:03:04
fileing papers
00: 01:00
00 14: 08
Allowed p Cur 3 June 1673 attest Robert Howard elere
REASONS OF APPEAL TO THE COURT OF ASSISTANTS BY JOHN BLAKE 10
John Blake his Reasons of Appeal from a judge- ment obtayned against him by Cap Edward
" Copy attested as above. Ibid., Paper No. 13.
10 Draft apparently in the handwriting of Richard Wharton with sig-
433
APPENDIX 2
CHAP. IX]
Hutchinson, at a Commissioners Court at Boston held 3d June 1673 -
1. The trespass, the Impounding, & Repleving, did arise & were to be Determined vpon a Claime or pretence of title which the then Plaintiff made to Land In possession of the Appellant vallued by the said Hutchinson at two hundred & fifty pounds, the action was not tryable at that Court their power being not higher than for ten pounds -
2. For that the persons from whom Capt Hutchinson Ptends to Deriue his title never had any themselues, the will by him pduced making noe mention of any Land with which they are to Intermedle But that at winnisymett, as In an other Case is since Determined by the County Court -
3. For that M! Stoddard alone, pretending the Consent of mr Oxenbridge & mr Allen as the testimony declares, gave possession to Capt Hutchinson whereas the paper Called a will saith there must be the Consent of three to make a vallid act, But the Consent of Capt Hutchinson's other two Land Lords appears by nothing but by mr Stoddards words till they Came to Court which was about two moneths after possession was given and 14 dayes after the Replevin was executed -
4. That the Appellant had Peacable possession at least three monthes before Capt Hutchinson & Law & Reason Inform that Possession is a good title till a better [is] proved -
5. Where there is noe Damage there Lyes noe action But noe Damage appears to be Done to Capt Hutchinson therefore none is granted him Notwithstanding the Appellant is Condemned to pay Cost of Court by which It is humby presumed that it will appeare that the action was vnjust & the Judgement Erronious
Pr me John Blake
Delivered vnto the Clarke of the comissioners Court the 27th day of August in the afterpart of said day before sonne sett./
as attest Robert Howard Cleric Cur Comiss
CAPTAIN HUTCHINSON'S ANSWER TO BLAKE'S REASONS OF APPEAL 11
Edward Hutchinson his Answer to ye reasons of Appeale giuen in by John Blake from a
nature of John Blake and endorsement by Robert Howard, Clerk. Ibid., Paper No. 9.
11 Ibid., Paper No. 8; no date.
VOL. I .- 28
434
HISTORY OF CHELSEA
[CHAP. IX
Judgmt obtaind agt him at a Comisnrs Court at Boston held 3 June 1673
To the first
The trespas, Impounding & Repleuing did not arise, nor was not to be determined vpon a claime of title ye then plt made to land &e. for there was a replevin before yt to ve Countie Court, for ye trial of the tittle as tenant to ye Countie Court, & bonde giuen in according to law to answer ye Damages of ye then Defet. & this replin was onely for vniust molestation of him ye then plt hauc- ing giuen bond as before, & therefore triable at ye Comisioners Court. Further ye appealant pleaded it not triable at ye Countie Court because he said it was not 40s damage, (& yet his lease - yt he prtends to is 50s rent) & at ye Comisns Court his plea is it is not triable there because their power is not aboue ten pounds. so he would haue it triable no where.
To ye 2d
The psons from whome Hutchinson deriues his title, had it by Gour Belinghamis Will, they being Executors & Trustees, & by vertue of Executorship had possction of all yt was ye late Gour Belinghams. & this in pteculer, being Inventoried & ye Inventory allowed, or else how could m" Blaik know it was prised at 250+ by Hutchinson, who was one of ye Apprisers of Gour Belinghams estaite. And all Executors are bound by oath to giue a true Inventory of ye whole estaite of ye deceased. wch was donne accordingly.
To ye 3ª
mr Stodard did not prtend ye consent of mr oxenbrige & mª Allen, for it was a reall consent. being hired before of them all three, wth all yr consents. & he onely appointed by them to giue possetion in all there names, as they declaird in Court. To ye 4th
That ye Appealant had peaceable possetion 3 months is denyed, for ye Executors was in possetion of ye land from Gour Belinghams Death, & never legally disposest, & as soone as it was convenient to look after such paster land in ye Spring they did it, & as they had before let it so they then gaue me peasable possetion. therefore ye Appealants prtens of possetion is Clandestine. & ye Executors legall. for ye Jury declaird mr Wharton had noc right to Lett ye land to Blake. & therefore noe power to giue or take possetion. To ye 5th
Where as there is no damage there lyes no Action &c. Answ! I shall turne ye Argument vpon him selfe. for if mr Blaike who was indeede ve first plt by impounding my horse, had bene damni- fied, & his title good, then both ye Countie Court & Comisrs Court,
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1
435
APPENDIX 2
CHAP. IX]
would haue giuen him damage. but neither did; therefore his title not good. for my replevin was onely to redeeme my horse & yt.I might pue I was no trespaser to him. & haueing as I hope proued it fully. for my damage it must be left to an other Action, for a replevin makes no demand of damage, but he yt replevies is bound to Answer ye others damage & therefore ye Judgmt not erronius as is prtended.
Hutchinson vs. Blake
REPLEVIN TO THE COUNTY COURT 12
To the Marshall or Constable of Boston or either of theire Deputies.
You are hereby Required in his Majties Name to Replevy one bay horse now impounded by John Blake & deliver the same to Capt Edward Hutchinson provided hee give bond to the vallue of ten pounds with sufficient Surety or Surety's to prosecute his replevin at the next County Court to bee holden at Boston & soe from Court to Court till the cause bee ended & to pay such costs & damages as the saide John Blake shall by law recover against him & soe make a true return hereof under y" hand. Dated . 16 . May . 1673.
By the Court Jonath : Negus.
This is a true Coppie as Attests . Isaac Addington . Cler Endorsed.
I haue replevied a bay horse impounded by John Blake in
Boston this . 16th of May & haue delivered him to Capt Edward Hutchinson mee Rich : Wayte Marshall. Wee Edward Hutchinson & Anthony Stodder doe binde or selues heires & Executors unto Richard Wayte Marshall in the sume of ten pounds upon condicon the saide Capt Edward Hutchinson shall prosecute his replevin at the County Court to bee held at Boston to Effect & soe from Court to Court till ye case bee ended & to pay such costs & damages as the saide Blake shall by law recover against him & that hee shall abide the order of the Court & not depart without Licence as Witness or hands this . 16th of May : 1673. Edward Hutchinson This is a true Coppie as Attests . Isaac Addington Cler
Copy attested by the Clerk of the County Court. Chamberlain MSS.,
12 i. 25.
436
HISTORY OF CHELSEA
[CHAP. IX
COPY OF COURT RECORD 13
At a County Court held at Boston, July : 29th 1673.
Capt Edward Hutchinson plaintiffe against John Blake Defend! upon a Replevin : After the Replevin & Evidences in the case produced were read comitted to the Jury & remaine on file with the Records of this Court The Jury brought in a speciall verdict : i. e. if actionable in this Court they finde for the Defend! costs of Court
The Magistrates declare it actionable : The plaintiffe appealed from the judgment of this Court to the next Court of Assistants & the saide Cap! Edward Hutchinson as principall in five pounds mª Anthony Stoddard & m. ffreeGrace Bendall as Sureties in fifty Shillings apcice acknowledged themselves respectively bound to the Treasurer of the County of Suffolke & party concerned on con- dicon that the saide Capt Edward Hutchinson should prosecute his appeale from ye judgment of this Court at the next Court of Assistants to Effect.
This is a true Coppie as Attests
Isaac Addington Cler.14
BILL OF COSTS IN COUNTY COURT.15
Capt Hutchinson plt
John Blake Deft his bill of Costs.
ffor a Coppie of the Replevy . £. 0:0:6
ffor a Coppie of the letter of Attourny £. 0.0.0(16)
ffor Coppies of testimonies fro mr Howard £. 0:2:0
ffor two mens attendance Viz: myselfe & Ri: Wharton 3 dayes £: 0 :4:6
filing papers
£: 0 :7:0
0:1:2
£. 0 :8 :2
Allowed. I. A. C p mee John Blake
This is a true Coppie as Attests. Isaac Addington Cler
BILL OF COSTS IN THE COURT OF ASSISTANTS.17 John Blacke plt Upon appcale from ye
Mr Oxenbridge &€ Deft Commissioners Court
13 Copy attested as above. Suff. Early Court Files, No. 1225, Paper No. 2.
Endorsed " County Courts judgmt & bond for Appeale."
15 Copy attested as above. Ibid., Paper No. 12.
16 Apparently the account is corrected at this point in a different ink.
17 Draft in handwriting of Richard Wharton. Endorsement, " Allowed
E. R. S," in handwriting of Edward Rawson. Suff. Early Court Files, No. 1236.
1
437
APPENDIX 2
CHAP. IX]
Bill of Costs
ffor Copyes taken out from mr howard £ 00:08:08 ffor my owne Aturneys & wittnesses attendance & sumons at Comissionrs Court . £ 00:04:06(18)
ffor Entring my appealc
£ 00:10:00
ffor my owne & Aturneys attendance 9 dayes at this Court (16 7ber 73. ) 23 £ 00:15:09(19)
ffor filling papers: Richard Wharton Atturney to Jn Blake
Idem agt. Idem vpon appeale from ye County Court
ffor my owne & Atturney attendance 3 dayes at ye County Court .
£ 00:04 :. 06(20)
ffor two wittnesses 3 dayes
£ 00:09:00
ffor my owne & Atturneys attendance [9] dayes at this Court
ffor answer to ye Reasons of appeale
£ 00:15:06(21) £ 00: : 00 (22)
ffor filling ye papers Allowed E. R. S. Richd Wharton Attourney To John Blake 24 ]
(16 Sept 1673) 23
Figures altered; in the margin written " 18d abated."
19 Figures altered; first reading was apparently £01 : 07 : 06. The bill was summed up at this point, but the sum total was cancelled so as to be illegible.
20 Figures altered ; in the margin " 4s 6 abated."
21 Figures altered; first reading was apparently £01 : 07 : 06.
22 Cancelled in the original; first reading was 1 sh. The sum total, which followed this item, was cancelled so as to be illegible.
23 Written in the margin.
24 Endorsed: "account of Rich. Wharton. Mr Whartons Costs. Sept 73."
438
HISTORY OF CHELSEA
[CHAP. IX
APPENDIX 3
[OXENBRIDGE ET AL. VS. SMITH
Extracts from the Records of the County Court 1
AT a County Court held at Boston April 29th 1673 . . . ME John Oxenbridge m" James Allen & m" Anthony Stoddard Executors to the last will of Richard Bellingham Esq! plaintiffes conta Leif- tenant John Smith of Winnisimet Defendt in an action of the case for not paying unto them the Sume of one hundred pound's for Rent due for the ffarme & fferry at Winnisimet for the two yeares last past according to an agreement made the thirtieth of January . 1664./. & all due damages according to Attachment Dat. Aprill : 11th 1673. After the Attachment & Evidences in the case produced were read comit! to the Jury & remaine on file with the Record's of this Court The Jury brought in theire Verdict & founde for the plaintiff's one hundred pound's & cost's of Court. The Defend! appealed from the Judgment of this Court to the next Court of Assistant's and gaue bond to prosecute: The saide leif! John Smith as principle in two hundred pound's m' Richard Wharton & m! John Osborne as Sureties in one hundred pound's apeice acknowledged themselves respectively bound to the Treas- uro!' of the County of Suffolke & parties concerned on condicon that the saide John Smith should prosecute his appeale from the judgment of this Court at the next Court of Assistant's to Effect. . . . ME John Oxenbridge m" James Allen & mª Anthony Stod- dard Executors to the late Richard Bellingham Esq his will, hav- ing an action depending in Court against Leift John Smith of Winnisimett : The Dept Gov! declared in open Court his dissent from m! Whartons being an Attourny to the saide Smith (who did in open Court declare that m' Wharton was the cause of the action) the person viz! m! Wharton being one under bonds of good behaviour.
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