USA > Massachusetts > Essex County > Records and files of the Quarterly Courts of Essex County, Massachusetts, vol 2 > Part 41
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*Writ : Mr. Joseph Humphries, etc. v. Mr. Moses Mavericke, Willm. Charles, Jno. Peach and Jno. Bartoll ; trespass, etc. ; dated 19 : 1: 1661-2; signed by Hillyard Veren,t for the court, and addressed to the constable of Marblehead.
Edmond Batter,; Joseph Humphrey,; Moses Mavericke,; John Peacht and William (his mark) Charles agreed, on May 23, 1661-2, to withdraw the action and were bound to try it at next Salem court, unless it be settled before.
Bill of charges of Mr. Joseph Humphries and Mr. Batter, 1li. 5s. Copy of Boston court record, dated 6: 7: 1642, Mrs. Lydia Bancks v. Mr. John Humphrey, for damages, 100li. 6s. 13d. Also Mrs. Bancks v. Abra. Oatley, confessed a judgment of 20li. and damages. Copy taken from the book of records that Mr. Nowell kept, by Edward Rawson, t recorder.
Daniell Salmon, aged about fifty years, testified that the land in controversy was enjoyed by Mr. Humprey's father from his first coming over. Sworn in court.
Hugh Alley, aged fifty-three years, deposed that John Humfrey, Esq., deceased, possessed the Plains farm " As we goe to marble head Adjoyning to Mr. peters his farme & yt ye sd Humfrey kept seruants At his house one ye sd Land & this Deponent sayth Alsoe yt he earned seueral pounds for worke done there one ye plaines farme wch was payd him Allsoe by ye sd Humfrey & when ye sd
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Richard Bellingham, Esq. v. Tho. Wood. Trespass. For ille- gally entering into and unjustly withholding orchard, lands arable and commons, according to attachment. Nonsuited, the attachment not being legally directed .*
Richard Bellingham, Esq. v. James Bayly. Trespass. For unjustly withholding land in Rowly, formerly in possession of Mr. Wm. Bellingham, deceased, and since in possession of said Richard, brother and heir of said William. Verdict for defendant. Appealed to Court of Assistants. Richard Bellingham, Esq., and Leift. Cook bound.t
Humfrey went for England Left his son in Law otly Att ye house." Sworn in court.
Nathaniell Pickman, aged forty-seven years, deposed that about twenty-three years ago Mr. John Frende built a frame of a house at the Plains for Mr. John Humphrie, Esq., and did other work at his house in Salem, and for payment for such work done, Mr. Adam Oatly sold to Mr. Frende the house and ground of Mr. Humphrie. For the remaining five or seven pounds, which the work did not cover, Mr. Frende was ordered by Mr. Oatly to pay to John Deacon of Lin. Mr. Oatly acted for Mr. Humphrie, when the latter was in New England, about finishing the said house at the Plaines, and deponent worked there several times, and received pay from Mr. Oatly Sworn in court.
John Deacon, aged sixty years, deposed that Mr. Adam Oatly told deponent about twenty years ago, that he had sold a piece of land and a house to one John Freind of Salem for twelve pounds. When Mr. Humphries went to England he owed deponent seven pounds, etc. Sworn in court.
*Writ, dated June 19, 1662, signed by Robert Lord,# for the court, and served by Robert Lord,; marshal of Ipswich.
+Writ, dated June 18, 1662, signed by Robert Lord,; for the court, and served by John Todd,; constable of Rowley.
James Bayly's bill of cost, 2li. 8s. 8d.
Philip Nelson, John Carlton and Jerimiah Jewett certified, 25 : 1 : 1662, that " All those who are attached soe far as they doe posses any Lands now in controversie we doe owne that they doe posses the sayd Lands as our right." Copy of the original on file, made by Robert Lord,t cleric.
Ed. Carllton,¿ Tho. Barkar, ; and Maxi. Jewet,; in the name of the five men of Rowley, certified, 3 : 22 : , that whereas Mr. Will. Sykes gave bond to pay 100li. of English money for the town of Rowley to the attorney of Mr. Edward Carlton in England, and gave order to Mathew Boyes to receive it here in wheat or
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other mercantable commodities at money price, said town of Row- ley agreed to allow him three half pence at the shilling below the ordinary price as things passed between man and man. Paper addressed " To the Right Worshipfull Mr Richard Bellingam at Boston these."
On the reverse of the foregoing paper : " Loueinge freinds such a note as this before you recd my Catle and sold ym wold haue procured some order for yor direction from me: but I simply thought my paymt of | them | wold haue clearely discharged the 15li but as I sd I shall referre it : I alsoe pceine that ye catle were sold for more y" 15li &c."
Copy of record of the General Court at Boston, May 17, 1662, granting the petition of Richard Ballingham, Esq., Deputy Gover- nor, for right to continue to prosecute his claim to the house and land at the county court, etc. Copy made by Edward Rawson,* secretary.
Mr. John Belingham, attorney to Richard Belingham, Esq., his father, on May 19, 1662, continued his claim to those houses and lands in Rowley, lately belonging to his uncle, Mr. William Beling- ham, deceased, according to actions lately entered at Ipswich court against the present incumbents. First, one house lot, containing four acres, bounded on the north by a piece of common, part of it lying on the east side of the street and part on the west, the house and part of the lot being in the possession of Thomas Wood, and the remainder in the hands of Samnell Platts and Henry Ryley. Second, planting lots in the northeast field, laid out to Mr. William Belingham, thirteen acres of upland on the north side of Mr. Thomas Nelson's lot, abutting on the marsh and highway, now in possession of James Bayley and John Palmer. James Bayley had also two gates and a half and said Palmer, two gates, all of which belong to the right of the farm of Mr. William Belingham. Ten acres of salt marsh, laid out to said Belingham, on the north side of Mr. Thomas Nelson's marsh, the east end abuttting upon a salt creek, the west end upon upland, now in possession of said Bayley and Platts. Copy of Ipswich court records, folios 87 and 88, made by Robert Lord,* recorder.
Copy of depositions of Richard Longhorne, John Boynton, John Spaford and Richard Homes, taken from the Ipswich court records of Mar. 25, 1662, made by Robert Lord,* cleric.
Robert Lord, aged about fifty years, deposed that he never saw any will proved in Ipswich court without testimony upon oath. When Mr. William Bellingham's will was proved, deponent was clerk under the Worshipful Mr. Samuell Symonds, and was present, and, as clerk, attested it, and it was delivered to Mr. Chute. He never saw it again until it was presented to the last Ipswich court but not left there. Deponent further testified that since he was solely clerk of the court, he had always kept the original on file
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and given copies to the proper authorities, as the law requires, and that he mentioned the names of those who proved the will, upon the will itself. Sworn in court, before Hillyard Veren,* cleric.
William Boynton, aged about fifty-six years, deposed that he heard Mr. Richard Bellingham say how unworthily his brother, William Bellingham's estate was obtained by Mr. Jewit, for he had prohibited said Jewit from meddling with it or buying it, because there could not be a legal title to it from Richard's son. Yet the said Jewett took opportunity, when Richard was very sick, to buy this estate in Rowley, of Richard's son Samuell, for an inconsid- erable sum, expecting said Richard would die. This was done suddenly upon said Samuell's departure for England, etc. Sworn, 18 : 4: 1662, before Elea. Lusher .*
Samuel Brocklebanke, aged about thirty-three years, and John Lambert, aged about thirty years, deposed that James Bayley oc- cupied the land which belonged to the farm house which Richard Bellingham lived in after the decease of his brother, William, etc. Sworn in court.
Ezekiell Northend, John Pickard and Edward Hassen deposed that at the time Mr. Samuell Bellingham sold Mr. Jewett his house and land at Rowley, many were unsettled and sold their land cheap. Mr. Carlton, Captaine Bigham and others sold at about that time at a lower rate than this land of Bellingham's. Since that time, when land was in more demand, land in their bounds was sold at the rate of forty shillings per acre for one hundred acres, which was the highest price in those days. Mr. William Hobbson also sold one thousand acres, in the track of land where the farm in controversy was located, at twenty pounds. Sworn in court.
Andrew Hidden of Rowley, aged about forty years, deposed that he was sent to the Bay by Mr. Samuel Bellingham to ask his father, Mr. Richard Bellingham, to come to the burial of Mr. William Bellingham. A few days after, deponent desired Richard Belling- ham, Esq., to pay for his journey and he replied, " Goe to my son Samuell for he hath all yt was my brothers and must pay all." Mr. Samuell gave deponent a red waistcoat of Mr. William's. Sworn, June 23, 1662, before Daniel Denison.
Ezekiell Northend, aged forty years, deposed that his cousin Jeremiah Northend, who lived with Mr. William Bellingham when he died, told deponent, between the time of the latter's death and his burial, that he had made a will and disposed of his estate to Mr. Samuell Bellingham, who was to pay the debts and legacies, also that Mr. Ezekiell Rogers and Mr. Thomas Nelson were wit- nesses. Said Jeremiah further told him several passages in the will, which proved to be correct. Jeremiah Northend was, said deponent, "as I hope still liueing in England for I heard from him the last yeare or the yeare before." Sworn in court.
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John Lambert, aged thirty years, deposed that he had heard Mr. Joseph Jewet say that Mr. Richard Bellingham had told him that he should never enjoy the land he had bought of Mr. Samuell Bellingham. Mr. Richard sent several cattle to be kept at Row- ley, deponent's father being employed to care for them, and he also sent a Norseman to be at his father's order to cut grass on the meadow of Mr. William for the wintering of the cattle. Sworn in court.
Ezekiell Northend deposed that he heard Mr. Joseph Jewet say, the year before he died, that Mr. Richard Bellingham told him that he should never enjoy the land unless he should give him more than he had given his son, for Mr. Richard considered himself the right heir. Mr. Jewett replied that he must take his course, for he cared not a button. Further, deponent testified that there was a mare that was kept at Rowley that was always called Mr. Rich- ard Bellingham's, until she had two colts. Sworn in court.
The reply of James Bayly to the exceptions of Mr. Richard Belingham, Esq., in his declaration against the will of Mr. Will. Belingham, deceased. First, that though Mr. William Belingham died without issue, his real estate does not belong to plaintiff, be- cause he gave his whole estate by deed or will to Mr. Samuell, which will was witnessed by two such substantial men as Mr. Ez. Rogers and Mr. Tho. Nelson, men of great credit and known in- tegrity. Second, that plaintiff never dwelt there by his own right, but by permission of Mr. Samuell Belingham. Third, that defend- dant lived there by right of Mr. Samuel Belingham. That the will was without date, and that it was uncertain whether it was the last will or whether he was of disposing mind, he answered that it stands as the last will until a later is produced, and was properly witnessed, and if it were not a true will it must imply a notable piece of knavery such as is not charitable to charge upon three such men as the dead, Mr. Belingham, and the living, Mr. Rogers and Mr. Nelson. That there is no law in New England that makes a will null for want of date, and he claimed the benefit of the law in the law book, page 1. That he granted that there was no exec- utor mentioned, but he knew no law which makes a will null on this account. That by the will Mr. Samuell Bellingham was to re- ceive and pay all debts and consequently he had the right of exec- utor. That the will was not proved on oath, he answered that it is not so much as common charity to think the court would give its legal attest to a will not legally proved. Mr. Rogers being alive so long after the probate of the will is a better argument that he was present than that he was not present. There is no law that enjoines recording of the evidence though it must be produced to the court where it is proved. That the deed of sale to Joseph Juet was before the probate, he answered that the will was in being before the first deed of sale and consequently they had the right of making sale by the will, which was as much as was expected in
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those times, being in the country's infancy, not having law to di- rect. Doubtless much estate by less formality than this did pass in those days. The probate of the will was before the second deed of Mr. Samuell Belingham and his wife, which was as full to all intents and purposes as the first. There was no law for probate of wills when this will was made, and the next year after the law was made, the will was proved, etc.
The reply of Richard Bellingham to the answer of James Baley to the declaration : If the writing were a deed, as defendant ex- pressed, then Samuell Bellingham had the estate only for life and if he sold any portion of it, he forfeited the estate to the heir. That he took possession of the estate and dwelt there in his own right, and no other dwelt there before him after the death of his brother, and his son could not, being under age. That there is no way to determine which is the last will, if others be produced, since there was no date on the will. That there is no law in New England that makes a will, without date, valid. That Mr. Samuell Bellingham was not executor and did not pay all debts, as plaintiff paid much out of his own real estate, and what his son did, was by his appointment. That defendant's claim that the plantation was in its infancy, is a great mistake, as the whole country may judge and the practice and records of the courts will show as exact proceedings then as since the law was made, and illegal pro- ceedings did not pass then, etc.
The reply of James Bayly to the reply of Rich. Belingham, Esq., made to the first reply of James Bayly to the declaration of said Mr. Belingham : He conceives the title legal, and lands being inheritances in this country, our laws disallow and make them chattels and liable to wills and executions, as in our law book, page 20, lines 37 and 38, page 84, lines 13 and 15, and page 81.
James Bayly's exceptions to the testimony of John Lambert : That deponent was of nonage when his father, Francis Lambert, was employed about the farm. That Francis Lambert was in- cluded in the complaint of Mr. Samuel Belingham in respect of the account which he could not get of the estate while he was in England, which was the time that said Lambert occupied the same. Consequently John Lambert himself may be liable to ac- count.
Copy of will of William Bellingham, taken from Ipswich court files by Robert Lord,* cleric.
Copy of warranty deed, dated July 23, 1650, Samuell Belling- ham of Boston, gent., and wife Lucy, for 140li., to Joseph Jewett of Rowley, clothier, the whole farm in Rowley which he received as a legacy from his uncle, William Bellingham, Esq., also all the rents due from John Spaffourd, by lease, from Sept. 29 last. Wit : William Paine, Robert Scott and John Tinker. Acknowledged,
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4 : 7 : 1650, before Samuell Symonds. Copy made, June 20, 1662, by Robert Lord,* cleric.
Lucy, wife of Samuell Bellingham, on 21: 8: 1650, released her dower. Wit: Henry Sandys and Mathew Boyse. Acknowl- edged, 23 : 8 : 1650, before Samuell Symonds. Copy made, June 20, 1662, by Robert Lord,* cleric.
Deed, dated, -: 12: 1661, Philip Nellson,* Jeremiah Jewet* and John Carleton, of Rowley, executors of the estate of Joseph Jewett, late of Rowley, deceased, for 30li. 10s., to James Baly of Rowley, six acres of upland and meadow, one ox gate and one cow gate and a half, five acres of salt marsh in the divisions of Rowley, all of which was sold by said Jewett to said Baly, but said Jewett departed this life without giving said Baly a legal deed. The six acres were bounded upon the east by the meadows of Bradford street men, on the south by land of Thomas Nellson, on the north by a cartway to the meadows, on the west by land of John Pall- mor ; the ox gate belonged to the ox pasture of the east end of the town of Rowley ; the cow gate and a half was upon the cow common of Rowley ; the five acres of salt marsh were half of Mr. William Bellingham's fourth division of salt marsh, the whole meadow being bounded on the southwest by the meadow of Thomas Nellson, on the east by the meadow of Ezekiell Northend, on the southeast end upon a great creek, and on the northwest by upland of Thomas Abbot. Wit: Samuell Mighell* and John Acie .*
Richard Bellingham, Esq., presented the following to court : " Mr Rogers setling his plantation at Rowley betwixt Ipswitch & Newbury were very much straitned, & so forced to buy farmes on both sides, which were paid for mostly by Mr Rogers himselfe, & some principal men yt came over wth him, who had considerable Estates, amonghts whom M' William Bellingham paid about ye 16th part for ye sd purchases & it seems paid all Rates to Church & commonwealth by yt proportion, & accordingly he was to have his proportion in all ye Lands in Rowley, And after his death there was a hundred pound to pay to Mr. Carleton in arrears for some of ym farmes, which | part of wch namely 15li and 7-10 | Mr Richard Bellingham paid out of his owne Estate being demanded of him for his sd farme in Rowley, by some of ye prudential men, beside other Rates to ye Ministry | wch was | above five years after his | W. B. | decease ; All weh time ye townesmen of Rowley did account it ye farme of Mr Richard Bellingham, & sent to him for payments for ye sd farme And it were very hard if ye Estate of Mª William Bellingham should goe from his Brother to a straunger unduely, illegally, & for an inconsiderable Recompence. Mr Wil- liam Bellingham about nineteen yeares agoe falling sicke, Mr Rich- ard Bellingham his brother was sent for, who hastning thither found yt he was both dead & buried, yet at that time I spake to
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Mr. Jacob Green v. John Jackson, jr. Debt. The jury find for the defendant, if the fish were legally conveyed, if not, for the plaintiff. Court adjudged the conveyance not legal .*
some friends to take care of ye Estate for mee, afterwards I sent my son Samuel to Rowley, being a youth & under age, to informe me how things went, after which I went myselfe with my family, & dwelt in ye house, which I had appointed to be reserved for mee ; tho ye Land & some part of ye house was let to tenants according to my order, & I found ye tenants very respectful, loving & service- able to me; and since Mr William Bellingham his death, ye said Richard Bellingham paid many debts. It doth appeare evidently yt ye sd Richard Bellingham being ye right owner was possessed about eight yeares of ye sd estate, having from time to time ap- pointed Mr Carleton and Francis Lambert to let ye farme, Samuel Bellingham acting wth them. Afterwards Joseph Jewet got pos- session of ye Farme, but not wthout some just blemish in medling betwixt father & son, he well knowing how buisnesses was betwixt them as most in Rowley did at yt time, yet pswading my son Sam- uel to sell his fathers Estate while himselfe was yet living, & y} his title was better y" his fathers ; & yet it doth evidently appeare upon sight of ye prtended will yt Samuel Bellingham could give him no right to ye Estate & tho Joseph Jewet knew his title was weake & litle worth, for it was so told him in some discourses be- fore this time, yet he would --- an inconsiderable value upon it, & so got a writing from Sam1 Bellingham unknowne to his father, they keeping it private from him. Now if such things be counte- nanced yt ye son shd sell ye fathers Estate and yt such men shd so buy it, fathers cannot know wt they have to leave to yr Children : Beside at yt time Ri. Bellingham was very sick & ill, wn, if he should have died Joseph Jewet was likely to get a good Estate || my sonne | being my next Heire in possibility." The foregoing was denied in court by the defendants.
*Writ, dated 18: 4: 1662, signed by Edward Burtt,t for the court, and served by Thomas (his mark) Judgking, constable of Gloster, by attachment of fish of defendant at the stage of Robert Elwell.
Jacob Greene's bill of charges, 1li. 8s. 8d.
John (his mark) Jakson, on Aug. 17, 1660, acknowledged a debt of 49li. 19s. 7d. to Mr. Jacob Greene of Charles Towne. Wit : Sammuell (his mark ) Lemans and Marey (her mark) Bruer, who made oath, 23: 4 : 1662, before Richard Russell .;
Jonas Moore, t aged about thirty-three years, deposed, June 19, 1662, that John Briers, John Jakson and himself were at the house of Jacob Greene in Charlestown at the beginning of the last winter, and they asked said Greene to let them have his boat and
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Mr. Jacob Greene v. John Bryars. Debt. Verdict for plain- tiff .*
Mr. Oliver Purchass, attorney or agent to the owners of the Iron works v. Joseph Armitage. For withholding rent due for a parcel of land. .
Mr. Oliver Purchass, attorney or agent to the owners of the Iron works v. Joseph Armitage. For breach of covenant.
Mr. Oliver Purchass, attorney or agent to the owners of the Iron works v. Joseph Armitage. Debt.
Joseph Armitage v. Mr. Oliver Purchass, agent to the Iron
set them out to Gloster for the winter fishing. Greene replied that if they would let him have all the fish, he would consent, which they did. Greene delivered them salt, corn, bread, lines, hooks, and three barrels of meat, which amounted to about 40li. sterling. Wit : Rouland (his mark) Powell and Isabell (her mark) Powell. Sworn in court.
Robert Elwell testified that Jacob Greene gave him notice that the fish was to be brought fresh to the stage and it was to be the property of said Greene, and, at the latter's suggestion, deponent bought the men a net, etc. Sworn in court.
Marey Peacocke, aged about twenty-two years, deposed that about the middle of the eighth month last past, she heard the bargain concluded at Charles Towne, etc. Sworn, June 23, 1662, before Richard Russell.t
Samuell Peacocke, aged about twenty-three years, deposed the same as his wife, Marey. Sworn, June 23, 1662, before Richard Russell.t
Richard Price, aged about twenty-nine years, and Joseph Bar- tholmew, aged twenty-four years, testified that they heard Jonas Moore say at Gloster that the men had nothing to do with the fish after it was landed at the stage, etc. Sworn, 23: 4: 1662, before Richard Parker, t commissioner.
*Writ, dated 18: 4: 1662, signed by Edward Burtt, for the court, and served by Thomas (his mark) Judgkin, constable of Gloster, by attachment of defendant's house and land and fish at the stage.
John (his mark) Briers, on Aug. 16, 1660, acknowledged a debt of 94li. 10 1-2d. sterling, to Jacob Greene of Charles Towne, to be paid in mackerel and dry fish. Said Brier's dwelling house and land, that he bought of Goodman Rider in Gloster, was given as security. Wit : Samuell Hosier; and Marey (her mark) Bruer (also Beaver, alias Pecock), who made oath, 23: 4: 1662, before Richard Russell.t
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works. For 104li., which was due for about 520 loads of coal, according to covenant.
The four foregoing actions were referred to Capt. Thomas Mar- shall, Mr. Thaddeus Riddan and Ens. Fuller, who were to make return to the court on or before 10: 5: 1662.
John Russ, sr., and wife Margeret v. John Godfery. Defamation or slander. Withdrawn .*
Henry Wattson v. Capt. Tho. Barnerd and the ship Ann. Debt. Withdrawn.t
John Howard v. Capt. Tho. Barnerd and the ship Ann. Debt. Withdrawn.t
William Liddell v. Capt. Tho. Barnerd and the ship Ann. Debt. Withdrawn.t
Thomas Chandler v. Job Tyler. For taking away his apprentice Hope Tyler, and detaining him out of his service. Verdict for plaintiff, the boy to be restored to his master .;
*Writ, dated May 23, 1662, signed by Edmond Fawkner,§ for the court, and served by Robert Lord, § marshal of Ipswich, by at- tachment of a bed, rug, musket and sword and a batch of small things at defendant's house.
John Godfrey's bill of charge, a day's journey going from Ips- wich to Andover and a day coming back to summon witnesses, etc., 2li. 11s.
tWrits : Henry Watson, John Howard, William Liddell, Wil- liam King, Tho. Bamer, Elias Slew, Walter Colson, James Major, John Johnson, William Hascoll, Wm. Haverock, Tho. Huchesson, and Ankias Horsman v. The ship Ann, now riding in Marblehead harbor, under command of Capt. Tho. Barnard ; debt, for wages due for nine months sailing in said ship; dated June 18, 1662; signed by Hillyard Veren, § for the court; and served by Samuell Archard,§ marshal of Salem, by attachment of the ship Ann.
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