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 48
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By vertue Hearoff J Deputte mr Sammuell Huntting Con- stable off Charlestowne my Lawffull Deputy ffor the ' Execution off this warrantt
2 :8:79 EDWARD MITCHELLSONN marshel gene.
[endorsed on back]
I have Attached the house & farme of ME Samuell Bellingham, to be Responsible, According to the true Jntent of this Attach- ment; & left the Same Jn the Possesion of Leiut Smith; of Winnesimet October the 2ª: 1679
₽, Sam" Hunting
Deputy to the Marshall Gen !!
1 The papers in this suit are in Middlesex Court Files, October term, 1679. Captain Hammond and his wife lived in Middlesex County, but the farm attached, and the residence of Richard Wharton, attorney to Samuel Bellingham, were in Suffolk County.
2 The original writ with the official endorsements thereon.
3 The words in this parenthesis were interlined.
473
APPENDIX 1
CHAP. XI]
I left a Coppi of this atachment at Mr Whortins hous With an a Covnt of what i had atacht.
October 2 1679 Samuel Hunting Deputy to the Marshal gen !!
Mr Samuel Bellingham's Bond. Anno 1660 4
Know all men by these prsents that J Samuel Bellingham of the Parish of Merton in the County of Surrey Gent. doe acknowledge my Selfe to Owe & Stand Indebted unto Francis Willoughby of the Parish of St Olaues Hart street The Sume of One hundred Pounds of Lawfull mony of England to Bee payd to the Said Francis Willowby his Executors or Assignes, To the True Paym! wherof J bind my Selfe my heires Executors Ad[ministra]tors & Assignes by these prsents Signed [then] Sealed with my Seale this thirtyeth day of June [in] the yeare of or Lord one thousd Six hundred & Sixtye & of His Maiestyes Raigne the Twelfth;
The Condition of this Obligation is Such that Jf the aboue bounden Samuel Bellingham his heires Executors Adminis- trators or Assignes shall Pay or Cause to bee Payd unto the aboue named Francis Willoughby his Executors or Assignes at his now dwelling house in Seething Lane in London the full Sume of ffiftye Pounds of Lawfull Monye of England, with thirty Shillings ouer & aboue the said Sume for the use & interest therof at or before the twenty Sixth day of December next ensuing the date hereof, Then this Obliga- tion to bee void & of noe effect, Otherwise to bee in full force & virtue;
Signed Sealed & delivered
Sa : Bellingham seal 5 in prsence of. Henry Shergall Owen : Floyd
Francis Willoughby to Samuel Bellingham 6
Oct. 12, 1661
Sir
J suppose you will not wonder yt J visitt you once in foure or fiue monthes & the rather for yt J am not worthy of an
" This is the endorsement on the back of the bond.
" Impression in wax with a coat of arms.
Apparently in the handwriting of Francis Willoughby.
474
HISTORY OF CHELSEA
[CHAP. XI
answer to my last of ye first of June last - the Contents you know to be matter of mony wch you desired ye lone of for a quarter of a yeare & how long expired you cannot butt know. if thatt be ye pduct of remoues to holland itt will make frinds afraid to attempte thitherward really Sir how a man of your seeming inienuety [ingenuity ?] ean dispence wth your selfe in a busones of yt nature or answer a frindly demaund to any yt desire satisfaction I know not. Js not fifty od pound after eight or ten monthes absence wth a departure wthout frinds knowledge worth an apoligy pray Consider itt & tell me how you will answer itt to man to Conseience or to god. am J become an offender because J was ciuill were there noc late transactions yt might haue begott a litle Corispondency but must J sell my mony wth my frind, where is yt ould inienuety ciuility & Christianity yt aquantance & feshon & affliction calls for. Are you remoued from your frinds from your feares & ye troubls yt others of your ffrinds are like to feele yt you may act & doe as you list ; pray sir Consider & doe not puoke ye spiritts of your frinds J bles god J doe not charge religion but J asure you such actings will expose the name of god, & you may be instrumentall to bring yt reproche vppon his wayes wch you may not be able to recouer pray sir Consider & beleue yt my ocations call for my owne not onely as mine but as my afaiers neede itt. J liue in hope you will not trouble your selfe or mee to reade or wright farther on this subiect, hoping ye next conuayance will giue mee ground to say J am satisfyed wch is yt J much long for : as allsoe to vindicate your reputation weh you neede : J rest willing to aproue myselfe your ffrind
ffr. Willoughby
e
London att ye broad arrow
head att m' Speeds in
eheapeside : 12' octo 61
Francis Willoughby to
Sir
J am . Constrayned to enter an Action agaynst ye estate of m" Sam. Belingham (hauing vsed other meanes) for a debt due to me in England euer sinee ye yeare 60, And haue troubled my
? This and the following paper bear no endorsements. The records of the Middlesex County Court for the year 1665 are missing; the files for that year contain no papers of the suit referred to.
475
APPENDIX 1
CHAP. XI]
frind mr Collieott to manage ye busones for me My request to you is yt itt may be one of ye first actions because mr Collicott busones calls him away & wt charge for entry of ye action &c, J will [illegible] become your sertayne debitor. J am
Charlestowne first 2d 65./ your scrut
J pleade not for fauaur
Justice will mak mee a succor
ffr Willoughby.
Power of Attorney from Francis Willoughby 7
J doe By these presents substitute and apoynt my very louing ffrind mr Rich. Collicott my true & lawfull Attorney to psicute my Action now depending att ye Court att Cambridge agaynst the estate of mr Sam Bellingham in ye hands of mr Brattle his attorney or any other pson pmising o ratify Conferme & aprouc of wt my sd attorney shall doc in ye premises as wittnes my hand. & seale this first of ye 2d month 1665
ffr Willoughby.
Samuel Bellingham to Richard Wharton Part of a Letter from Mr Bellingham from Bremen Augt 30 : 1678
Sr
As for Mr Willoughbyes business J am Exceedingly jnjured therein alsoe, his Son Came over Long Since, and brought me a Letter from his father, with positiue order to pay unto him fifty pds, & because J paid it not prsently, by Vertue of authority from his father he arested my goods in London, then in ye hands of Mr Brookes Marcht, as appears by Mr. Brookcs Letters then sent me, - which hinderd my goods from being sent to me that oppertunity, wch was ye occasion of the Loss both of my goods books and papers by fire in ye Burning of the City after,8 he aresting them in ye hands of the Marcht that then had received them in order to send them to me, that oppertunity was lost &c:
4 they still delay'd till ye fire tookc them, which had they not been stayed by him, might then haue Come Safe to me Soe J haueing fifty four pds in ye hands of some friends in Engld, J was forced to giue his Son a Bill of Exchg to receive that Sume, Expecting he would haue sent me my bond or Cancelld it before some friends, if he had not received it, he should haue protested my Bill & Continued his arest upon my goods, But hee being Satisfyed, J was Confident he had received it, Soc yt J never Demanded nor
8 The great fire of London was in September, 1666.
476
HISTORY OF CHELSEA
[CHAP. XI
received one penny of it to this day, weh he should have done had not he received it, But of this J gaue in' Willoughby Severall yeares agone in a larg Letter J sent him Concerning it, wch was delivered him in ye p"sence of my father & ye other Magistrates, to full Satisfaccon, that he had not a word to object ag! it, wch letter (as J heard) not onely Silenced him before them, but made him Very much ashamed of his Soe much troubling me, & dureing ye whole tyme of his life after, he never Demanded it more of mne, what ever his Son did with it in Engld J Cannot giue acct; ye Money was duely pd by me, my Bills never protested, & not one penny of the Money ever demanded by or pd to me to this day &c=
A true Copy Compared wth ye originall J : R : C º : Octobr : 7 : 79
The deposition of John Higginson Sen Aged 63 10
Being called to say wt J remember in a discours between mr Willowby (A late deputy Governor) 11 & my selfe (some time in ye summer of ye year 1670) about mr Bellinghams debt to him, if it may be of any vse for ye clearing vp of truth & righteousnes - this is all I can say for ye Substance. yt I do well remember mr Bellingham writing to me then desired me to speak with his honoured Father about a Supply to be sent ouer to him, his Father excused it as by other things, so by his being lyable to pay a debt for him to m' Willowby, mr Bellingham vnderstanding this, replyed - his 2ª Letter to me yt mr Willowby reviled him &c (as appears in ye letter) I speaking with mr Willowby about it, He tould ine yt He was not guilty of reviling him any other- wise then saying ye 50' he had lent him so many years before was not payd to him to yt day : He sayd indeed mr Bell: Father had tendred him payment in Indian Corne & by mr Treasurer Russell, but not in Money, when it was Money he had lent his Son & Money he demanded as also something for vse. Having seen ye hand vnto ye Bond its seems to me to be so like his hand in other of his Letters, yt J haue no doubt but it is mr Sam. · Bellinghams hand.
Taken vpon oath 4-7-79. before me Edm Batter Comissior in Salem
Jonathan Remington, Clerk to the Middlesex County Court. .
10 Rev. John Higginson of Salem was the father of Richard Wharton's second wife. The attestation to this deposition is in a poorer and more antiquated hand than the body of the document. It is endorsed " Mr Jno Higginson's Testimony."
11 The words within this parenthesis were placed in the margin with a caret to designate the point for their insertion.
477
APPENDIX 1
CHAP. XI]
Judgment in the County Court 12
At a Coun Court held at Cambridge - October 7th 1679 . . .
Capt Lau : Hamond Cap: Laurance Hamond, & m's Margarett
Hamond his wife, ye relict widow & exec- mr Sam : Bellingham
agt utrix to ye estate of ffrancis Willoughby Esq! late of Charlestowne deced. Plant. agt mr Samuel Bellingham, in an accou of debt due to ye estate of the said ffrancis Willoughby by bond bearing date the 30th of June 1660. for 51' 105. 00. sterling money of England, with due damages, according to Attachm! on file. dat. octob. 2. 79. The Jury haueing heard the severall pleas & evidences in the case, as they were severally prsented, by the pl. & m" Ri: Wharton in behalfe of the Deff! & as his Attorney, brought in their verdict finding for the pls. the bond of fifty one pounds ten shill. & interest for the same nineten yeares, at eight pounds p hundred. and is seaventy six pounds damages besides the bond abovenamed. & costs of Court.
Mr Ri: Wharton Attorney of the Deff! as above made his appeale from the Judgemt of this Court, unto the next Court of Assistants. and gave bond to prossecute ye same to effect as ye law provides. Mr Ri: Wharton, attorney for mr Samuel Bellingham appearing in Court doth acknowledge himselfe to stand bound, (together with the estate of mr Samuel Bellingham Attached to answr this Sute) in the Summe of three hundred pounds sterl. to the Trer of the Coun, for & to ye use of the pt Cap! Laur. Hamond to be by him said Wharton forfeited & payd, On Condiccon yt he will psecute this his Appeale to effect as the law directs.13
Judgment in the Court of Assistants 14
Att A Court of Assistants held at Boston 2d day of march 1679 [1680]. ...
Samuel Bellingham. Esqr plaintiffe against Capt Lawrence Hamond & margaret his wife execcutrix to ye last will of the late Francis willowby Esqr deffendant in an action
Bellingham agt
Hamond of Appeale from the Judgment of the County Court at Cambridge in october last After the
1st Jur : Attachment Courts Judgment Reasons of Ap-
12 MSS. Records of the Middlesex County Court, 1671-1680, pp. 286, 287.
13 Richard Wharton's Reasons of Appeal, the Answer to the Reasons of Appeal, and the bill of costs on the appeal, are in Suff. Early Court Files, No. 1831, Papers 4, 5, and 6.
24 Records of the Court of Assistants, i. 157.
178
HISTORY OF CHELSEA
[CHAP. XI
peale & cuidences in the Case produced were read Comitted to the Jury and are on file wth the Reccords of this Court the Jury brought in their virdiet they found for ye deffendt the forfeiture of the bond one hundred pounds starling money of England & Costs of this & former Courts : 158 10d This Judgmt is to stand entred according to law from ye next Court of Assistants in September next]
-
1 -
479
APPENDIX 2
CHAP. XI]
APPENDIX 2
[WHARTON CONTA STODDARD 1
AT a County Court for Suffolke held at Boston: 25° April. Anº 1682. . Richard Wharton Attourny to Sam" Bellingham Esq! Son and heire to Richard Bellingham Esq! deced plaint. conta m! Anthony Stoddard sometime pretended Trustee and Executo! to the Estate and last will of the sd Richª Bellingham - in an action of the case for that the Defend! deteines from the sd Sam !! Bel- lingham and the plaint. as Attourny aforesd and refuses to render any accompt. of such bills bonds accompts decds evidences and writeings late belonging to sd Richª Bellingham and now to the sd Sam" Bellingham as the Deft by virtue of his aforesd pretended trust and power Seized upon or otherwise have come to his hands or knowledge &cª The attachmt and evidences in the case pro- duced being read and comitted to the Jury which are on file The Jury brought in their Verdict. they found for the plaint. Viz! That the Defendt render to the plaint. a just and true accompt of all such bonds bills accompts Deeds & other writeings of concernmt belonging to the Estate of the late Honord Richard Bellingham Esq! which were comitted to his Custody, or were delivered to him with other Trustees to the sd Estate; and that the Deft make Oath that none of the premisses are concealed by him or have been convayed away with his knowledge or' consent, and that such of them as are not already delivered bee delivered to the plaint. within fforty dayes ensuing or else to pay to the plaint. ffive hundred pounds and costs of Court.
WHARTON CONTA RANGER 2
At a County Court for Suffolke held at Boston 24º April A. 1683. . .
Richard Wharton Attourny to Samuel Bellingham Esq! heire & Administrator to Richard Bellingham Esq! deced plt conta Ed- mond Ranger 3 Deft in an action of the case for witholding Eleven
1 MSS. Records, Suff. Co. Court, 1680-1692, p. 94.
Ibid., 131.
8 Edmond Ranger witnessed the will of Governor Bellingham.
.
480
HISTORY OF CHELSEA
[CHAP. XI
pounds money due to the s? Sam. Bellingham for bookes sold the sª Ranger by m" Anthony Stoddard being the Estate of sd Richard & Samuel Bellingham as appeares by the accompt & Oath of se m" Stoddard, wth all damages: The attachment & evidences in the case pduced being read & committed to the Jury which are on file, The Jury brought in their Verdict, They found for the Defend! costs of Court.]
.
.
481
APPENDIX 3
CHAP. XI]
APPENDIX 3
[WHARTON US. EUSTACE 1
AT an Inferiour Court of Common Pleas holden in Boston for the County of Suffolke March 6th 1693/4. . . .
Martha Wharton widow which was the wife of Richard Whar- ton late of Boston Esqr Decd agt William Eustace of Winnesimet in the Township of Boston, The third part of One Messuage, one barne, one stable, one Garden, one Orchard, and two hundred & one Acres & an halfe of Uplande Meadow with the Appurces in Winnesimet in the Township of Boston aforesd as the Dower of the said Martha of the Endowing of sd Richard her late husband by writ of Our Soveraigne Lord & Lady the King & Queen of Dower whereof she hath nothing, as p sumons dated 20. November 1693. and declaration filed. This Action was Entred at December Court and continued by consent to this Court. The parties appeared by their Attorneys, The Defend! by his Attorney saith, That the sª Richard Wharton was never seized of the pľmisses in demand in such Estate as whereof the sª Martha can be endowed The Sumons, Declaration & Evidences in the Case produced were read & committed to the Jury; The Jury returned their Verdict thereon, viz! They find for the plt That she have her Dower viz! One third part of the farme according to Sumons & Declaration. Therefore it was, considered by the Court, That the sd Martha should Recover her Seisin vers. the aforesd William Eustace of the Third part of sd farme wth the appurces & that the sª William Eustace &c And on this the aforesd Martha prayes the Writ of our Lord & Lady the King & Queen to the Sherife of the County directed that she may have full seisin of sª Third part of sd ffarme and its appurtenances set forth unto her to hold in severalty by metes & bounds. ]
1 MSS. Rec. of Court of Common Pleas, 1692-1698, p. 55.
VOL. I .- 31
482
HISTORY OF CHELSEA
[CHAP. XI
APPENDIX 4
[BELLINGHAM VS. EUSTACE 1
The Writ 2
WILLIAM THE THIRD, by the Grace of God King of England,
Scotland, France and Ireland, Defender of the Faith, &c. Province of the Massachusetts Bay ss : To Our Sheriff of Our
(Seal) County of Suffolke or under Sheriff or Deputy, Greeting.
· Wee Command you to Attach the Goods or Estate of Sarah Eustace Relict widow of William Eustace late of Winnisimett within the sd County decd to the Value of Five hundred pounds and for want thereof to take the Body of the said Sarah Eustace (if she may be found in your Precinct) and her safely keep, so that you have her before Our Justices, at Our next Superiour Court of Judicature 3 to be holden at Boston for Our said County, on the last Tuesday of April instant then and there to Answer to Samuel Bellingham Esq or his. Attourney in an Action of the Case for that the s! Sarah Eustace doth refuse to deliver to the plt a Certain Farme Viz! A Dwelling House and Upland & Meadow Scituate lying and being in Winnisimett afores! in the County of Suffolke aforesª formerly knowne by the name of Richard Bellingham's Farme, and was the estate late belonging to s! Richard Bellingham, Esq! late Governo! of the Massachusetts Colony in New England; and now of right descended to the Plt only Son and heir of the sª Richard Bellingham deceased; and afterwards in the possession of sd plt by his Attourney; The with- holding the possession of said Farme being to the PIts damage Six hundred pounds in money. As shall then and there appear, with Damages: and have you there this Writt. Witness Thomas
1 See supra, pp. 464-470 and notes 9, 14, papers endorsed with the name of this suit.
2 Court Files, Suffolk, No. 3558. Paper No. 1. The original writ with the official endorsements thereon. .
8 Note that this suit originated in the Superior Court, and did not come before it by appeal.
74
483
APPENDIX 4
CHAP. XI]
Danforth Esq. At Boston, this Thirteenth Day of April In the Ninth Year of Our Reign Annoque Domini, 1697.
Addington Davenport Cler
(On the face of the Writ, at the left side, the following is written, viz .: - )
The defendt pleads she holds possession as tenant unto major Rob! Thompson purchased from m! Richd Wharton to whom ye premisses was granted in Execution for a just Debt, & recorded according to Law
B : Bullivant Att pro defendte (On the back of the Writ is the following, viz .: - ) Suffolk ss Boston Aprill 14 1697
By Virtue of this precept to me Directed I haue attached The Body of the within mentioned Sarah Ewstice and taken Bond
SamIl Gookin Sherrife
Know all Men by These presents that I Sarah Ewstice am firmly Bound to Sam!' Gookin Sherrife of Sd County In the Sum' of five hundred pounds On Condition that I ye Sd Sarah Ewstice Doe Appear at the Next Supp: Court of Judicature to Be holden Bost In Sd County on the Last Tuesd of this Instant April then and there to Answer to ye within mentioned Sam11 Bellingham or his Lawfull attorney In an action of the Case, as May In the Within Mentioned precept More at Large appear As witness my hand.
Sarah Her Birstice Mark
Power of Attorney 4
WHEREAS I Samuel Bellingham Esq! did Sometime since by writeing or Letter of Attorney under my
Bellingham to Bellingham hand and Seale make and appoint Nathaniel Newdi- gate of Boston in New-England Merchant my Attorney for me and in my name and to my use to Aske and receive of Richard Smith, Jeremiah Belcher and Nicholas Rice 5 of Wynysimett in New-England, and all that owed me moneys
4 Mrs. Elizabeth Bellingham, whose arrival in New England was described supra, p. 470, note 15, did not place on record or produce in court the deeds of her marriage settlement vesting the title to the Bellingham estates in trustees for her use (infra, pp. 502-509), but brought suit in her husband's name by virtue of this power of attorney. It is recorded in Suff. Deeds, L. 14, f. 266. See also a copy in Suff. Early Court Files, No. 3417.
Nicholas Rice was the tenant preceding William Eustace. Supra, pp. 365, 439, 451.
484
HISTORY OF CHELSEA
[CHAP. XI
from them for rent for Lands in New England All Such Sums of money as are due to mee from them for rent or Arrears for Lands & hereditaments in New-England aforesaid, with divers powers and authorities therein menconed As by the said recited writeing or letter of Attorney relacon being thereunto had more fully may appeare. NOW I the said Samuel Bellingham for divers good causes and consideracons me moveing have revoked maid void and determined, And by these presents Do revoke, make void and determine the said recited writeing or Letter of Attorney and all the powers and authorities thereby given unto the said Nathaniel Newdigate, And all other Letters of Attorney powers and authorities by mec heretofore given to the said Nathaniel Newdigate or any other person concerning the premisses AND FURTHER I the said Samuel Bellingham for divers good causes have made ordained and appointed And by these presents Doe make ordaine and appoint my dear and welbeloved wife Eliza- beth my true and lawfull Attorney for me in my name and to my use to Aske demand sue for reeover and receive, not only of and from the said Nathaniel Newdigate all Sum's of money by him reccived or discharged by vertue of the said Letter of Attorney, or otherwise on my account; But also of the said Richard Smith, Jeremiah Beleher and Nicholas Rice their Exec- utors or Administrators and all other persons who stand indebted to me in any Sume or Sums of money debt or demand for rent or arrcars of rent or otherwise in New-England All and every Sume and Sum's of money debts and demands whatsoever due and oweing unto me for or on account of rent or arrears of rent for all or any the Messuages Lands Tenements or Hereditaments in New England which doe or at any time heretofore did belong unto or were held of me the sª Samuel Bellingham, or on aeeount of wast or want of repaires done or Sufferred on or about any the premisses and on every other aceount whatsoever And upon non payment thereof or any part thereof, for me and in my name to comence, prosecute and carry on any accon or accons suites, proeess or execucon for and concerning the same as fully and effectually as I in my owne person might or could doc, And upon receipt thereof or any part thereof Acquittances or other Sufficient Diseharges for me and in my name to make and execute And Attorneys one or more under my said Attorney to make and sub- stitute And againe at her will and pleasure to revoke. And. generally to doe performe and execute all and every such Act and Acts thing and things for obtaining and recovering the premisses as I in my owne person might or could doc and that as fully and effectually to all intents and purposes RATIFYING and
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-
485
APPENDIX 4
CHAP. XI]
allowing for firme and effectual all and whatsoever my Said Attorney shall lawfully doe or cause to be done by vertue of these presents . IN WITNESSE whereof the said Samuel Bellingham hath hereunto sett his hand and seale the Eleventh day of May Anno Dm 1696 And in the Eighth year of the Reigne of Our Sov- eraigne Lord King William the third over England &cª Signed Sealed and Delivered being First Stamped with the Samuel Bellingham seal Six penny Stamp in the presence of Benj : Woodbridge
Jnº Hunkin, John Broccass, Catherine Broccass
Memorand. That on the 27th day of Jany. Annoq Dom. 1696 [1697] m! Benj: Woodbridge & John Broccass two of the Wit- nesses Subscribed to this Instrument appeared before me the Subscriber one of his Majesties Council of the Province of the Massachusetts Bay in New-England & Justice of Peace within the same & made Oath that they Saw Samuel Bellingham Esq! Signe Seal & Deliver the abovewritten Instrumt as his Act & Deed. Nathaniel Thomas.
Entred & Recorded ffebruary 6th . 1696/7
The Court's Judgment G
Suffolke ss.
At his Maties Superiour Court of Judicature, Court of Assize and General Goale Delivery holden at Boston for the County afore- said on the last Tuesday in April 1697 being the 27th day of sª month. Before the Honble Thomas Danforth. Wait Winthrop. Elisha Cooke, Samuel Sewall Esq's Justices. . . . Samuel Belling- ham Esqr plt Vers Sarah Eustace Relict widow of William Eustace late of Winnisimett within the County of Suffolke - dec! Def! - Jn an Action of the Case for that the s! Sarah Eustace doth refuse to deliver to the plt a Certaine ffarme, Vizt a Dwelling House, and Upland and Meadow, Scituate lying and being in Winnisimett afores! in the County of Suffolke aforesd formerly knowne by the name of Richard Bellinghams ffarme, and was the estate late belonging to sª Richard Bellingham Esq! late Gov- erno! of the Massachusetts Colony in New England, and now of right descended to the plt only Son and heir of the sd Richard Bellingham deceas! and afterwards in the possession of the plt by his Attourney; The withholding the possession of sª ffarme being to the pIts damage Six hundred pounds in money.
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