Colonial North America: Harvard Law School Library

These may Certifye to all whome it may Concerne That Wee the Subscribers, well knew, and Esteem'd Mr Henry Phillips of Boston in New England, to be a Youth of a very affable curteous and peacable behaviour and Disposition, and never heard he was addicted to quarrelling: he being soberly brought up in the prosecution of his Studies, and liveing Cheifly an Academical Life, and verily believe him Slow of Anger and with difficulty moved to Resentment.

attested. in Boston in New England July 29th 1728

[signed]

William Clark

Janus Bowdone

H. Harris Clerk

Cymian Southack

J [Norris?]

[ ? ]

Job Lewis

Hibbert Newton

William Jones

John Eastwicke

{James} Allen

{Edward} Tyng

{Jonathan} Barnard

{Thomas} Fayrweather

[ ? ] Apthorp

{William} Stoddard

{Benjamin} Pemberton

{William} [Toye?]

{James} Stevens

{William} Tailer

{Thomas} [Lehmen?]

Jacob Wendell

Joshua Winslow

Peter Faneuil

George Cradock

Peter Luce

Estes Hatch

Giles Dulake Tidma[ ? ]

{William} [ ? ]

John Boydell

John [Dhyll?]

{Ebenezer} Miller, Clerk

Theodore Atkinson

Wentworth

{George} Jaffrey

John [Tyne?]

Devereux Bacon

[ ? ] Faneuil

George Pigot, Clerk

{Benjamin} Atkinson

John Powell

{Jonas} Armitage

{William} Allen

{John} Allen

John Osborne

{Timothy} Cutler, Clerk

John Wendell

{Stephen} Bounneau

Jacob Royall

James Watson

{Charles} Curwen

Robert Harris

[ ? ] [ ? ]

{Thomas} Jackson

{Benjamin} Savage

Wheelwright

H Marshall

[{Robert}?] Fitch

{Thomas} Steel

{Joseph} Gooch

{William} Browne {Jr.}

Nathaniel Gifford

{Francis} [Wolcott?]

Henry Hope

{Benjamin} Pollard

{Samuel} Weekes

{Nicholas} Davis

James Lablond

{Joseph} Brandon

John [Segge?]

John Pitts

Henry Caswall

{Ebenezer} Hunt

{Ebenezer} Hough

John Jeffries

{William} [Lambert?]

{Robert} [Auchmetty?]

{John} Checkley

{Benjamin} Faneuil

Thomas [Wroe?]

[ ? ] Hefmaker

John Marshall

{Joseph} Marion

Henry Dering

{John} Winslow

J[?] Cutler

{Thomas} Bulfinch

Timothy Prout

{Benjamin{} Daulings

Thomas Lith[ ? ]

John Crocker

Edward Mills

By His Excellency William Bernot {Esquire} Captain General and Governour in Chief in & over His Majestys Provinces of the Massachusetts Bay & New Hampshire in New England &c.

These may certify whom it may concern that John Wentworth {Esquire} is {Lieutenant} Governour of the Province of New Hampshire, that William Tailor {Esquire} was formerly {Lieutenant} Governour of the Province of the Massachusetts Bay & is now a member of His Majestys Council for said Province, that James Stevens {Esquire} is {Surveyour} General of the Customs for the Northern District in America, that Thomas Lochmere {Esquire} was late Surveyour General of this same, that John Jekyl {Esquire} is Collector of the Customs for the Port of Boston, that John Menzies {Esquire} was Judge of the Vice Admiralty, that William Lambert {Esquire} is Comptroller of the Customs at Boston, that Thomas Steel {Esquire} is a Justice of the Peace, that Messrs. Timothy Cutler, Henry Harris, George Pigot, & Ebenezer Miller are Ministeres of the Gospel, and that the other subscribers to the certificate on the other leaf, are some of them merchants of note, & others gentlemen of the town of Boston.

In testimony whereof I have caused the publick seal of the Province of the Massachusetts Bay aforesaid to be hereunto affixed; dated at Boston the twenty sixth day of October 1728, in the second year of His Majesty's reign.

By His Excellency, [signed:] {William} Bernot

Command

J Willard {Secretary}

An Inventory of the Estate of Mr Henry Phillips Deceasd as it was taken by us the subscribers 9 {October} 1730

1 Coat westcoat & 2 {pairs} briches________ £ .12 ... ...

1 {ditto} & 1 {pair} briches________ ..1 .10 ...

1 Black {ditto} & 2 {pairs} briches ________ ..4 ... ...

Westcoat & briches ________ ..1 ..5 ...

1 Scarlet coat westcoat & 2 {pairs} briches ________ ..3 .10 ...

1 Fustian Coat ________ ... .10 ...

1 Duffle Coat ________ ... .12 ...

1 Cloath Fly ________ ..4 .10 ...

1 {ditto} {with} Briches ________ ..3 ... ...

1 Silk Bagnan ________ ..2 ..5 ...

1 Bangall Night gown ________ ..1 ... ...

1 Fustian westcoat & briches ________ ..1 .10 —...

2 Flowered westcoats ________ ..2 ... ...

1 Coat 3 Westcoats & 2 {pairs} briches brown {holland}________ ..4 .10 ...

1 {pairs} riding briches ________ ... .12 ...

19 Whole Shirts ________ .28 .10 ...

12 Broken Ditto ________ ..1 .16 ...

15 Silk hankerchiefs ________ ..2 ..5 ...

15 Stockes ________ ... .15 ...

6 Caps ________ ... ..9 ...

10 Turnovers ________ ... ..8 ...

2 {pairs} Silk Stockings __________ ... .16 ...

4 {pairs} thread Ditto ________ ..1 ..8 ...

8 Pillow [cases?] ________ ..1 ..4 ...

8 {pairs} broken Stockings ________ ... ..8 ...

4 {pairs} Sockes ________ ... ..1 ..4

2 broken pillow beers ________ ... ..1 ...

2 Bolster cases ________ ... ..8 ...

6 Towels ________ ... ..4 ..6

12 Napkins ________ ..1 .16 ...

6 Table Cloathes ________ ..4 ... ...

7 Cotton Sheets ________ ..3 ... ...

3 {pairs} linnen sheets old ________ ..2 ..5 ...

2 {pairs} Ditto ________ ..3 .10 ...

1 Feather Bead 82. [ ? ] 2/6 ________ .10 ..5 ...

6 {pairs} shoes ________ ..2 .14 ...

1 {pair} old Ditto ________ ... ..5 ...

1 {pair} slippers ________ ... ..4 ...

2 {pairs} boots & spurs ________ ..1 .16 ...

1 saddle & housing ________ ..6 .10 ...

1 Bridle & Croopers & girh ________ ... ..4 ...

2 Sword belts ________ ... ..5 ...

1 Flute ________ ..1 ... ...

1 [Irospective?] Glass ________ ... .15 ...

1 Case {with} 6 Knifes & forks ________ ..8 ... ...

1 {Ditto} {with} Knife & fork ________ ... .18 ...

139 Oz. Silver ____19/ ____ 132 ..1 ...

60 [{lbs.}?] Pewter _________ ..7 .10 ...

6 Maple Knifes & forks________ ... ..8 ...

[Vestes?]

(2)

B[ ? ] Over

6 Ivory Knifes & forks ________ £ ... .12 ...

1 Standish ________ ... ..5 ...

1 {pair} sizzors ________ ... ..1 ...

1 Penknife ________ ... ..1 ...

1 Fifth Cane & lines ________ ... ..2 ..6

1 Looking Glass ________ ... ..8 ...

1 Gilt Cabinett ________ ..2 ... ...

1 Pockit Pistol ________ ... .10 ...

2 powder hornes ________ ... ..1 ...

1 lance ________ ... ..8 ...

1 Sett Curtains 2 Quilts & 7 Chaires ________ ..8 .10 ...

1 Chest of Draws ________ ..2 ... ...

1 Table ________ ... .10 ...

2 {pairs} Sc onces ________ ..2 .11 ...

1 {dozen} Cain Chaires ________ ..8 .18 ...

1 {dozen} cushions ________ ... .18 ...

1 Bureau {with} a Top ________ .10 ... ...

1 Card Table ________ ... .15 ...

10 China plates ________ ..2 ..5 ...

8 Ditto ________ ..2 ..8 ...

2 Small Dishes ________ ... ..9 ...

2 Punch boles ________ ..4 .10 ...

1 Barbers bason ________ ... .10 ...

12 Cupps & 6 Saucers ________ ..1 ..7 ...

4 Earthen Dishes ________ ... .10 ...

1 {pair} Decanters ________ ... .10 ...

2 Broken plates & 1 Dish ________ ... ..3 ...

1 Earthen Tea pott ________ ... ..1 ..6

3 Oz. 1/4 Silver 18/ ________ ..2 .18 ..9

1 Tea Table ________ ... ..5 ...

2 {pairs] Anjirons ________ ..1 .10 ...

1 {pair} brass tongs & Shovel ________ ... .18 ...

1 {pair} Iron Ditto ________ ... ..5 ...

3 Flower potts ________ ... ..2 ...

1 Oval Table ________ ..1 ... ...

1 Clock ________ .10 ... ...

Books ________ .62 ..2 ..2

Cutlery ware ________ ..8 ..5 ..6

1 Wigg ________ ..8 ... ...

1 Sett bed Curtains Vallance & windo {ditto} ________ ..3 ... ...

4 Cases for Books ________ ..1 .12 ...

1 Dressing Glass ________ ..2 ... ...

29 Pictures ________ ..6 ..5 ..6

1 {pair} Candle Sticks snuffer &c ________ ... .18 ...

1 {pair} Bellows ________ ... ..5 ...

6 Water Glasses ________ ... ..4 ...

1 {dozen} wine {ditto} ________ ... ..8 ...

6 Earthen plates ________ ... ..6 ...

1 Cloostool ________ ... ..1 ...

[Veste?]

Suffolk Js: By the {Honorable} Josiah Willard {Esquire} Judge of [Prov?]

To {Messrs} Stephen Boutineau Jeffrey [Bedgood?] James Watson Jacob Sheaf and Jonas Clarke all of Boston & sufficient freeholders of the said Town Greeting.

You (or any three of you) are hereby Desired and Impowred to make a Just & Equal Divifion or Partition of the Estate in Housing and Lands whereof Henry Phillips late of Boston {Gentleman} {Deceased} Intestate Dyed (seired?) and Possessed between his Mother Brother and Sisters or their Legal Representatives in five Equal Parts or Shares viz. Hannah Phillips Widow, Gillam Phillips, Hannah Savage Wife of Habijah Savage {Esquire} the Heirs of Mary Butler {Deceased} and to Faith Savage according to your best skill & judgement (to which you have been Sworn) and to the Law in that case made and Provided And you are to make Return hereof with your Doings therein unto my self so soon as may be

Given under my Hand & Seal of office this 6th day of April, 1733 J Willard

In full of her Share or fifth part of the said Henry Phillips Real Estate which we Value at Eight hundred Pounds. Item We Divide and Let off to Gillam Phillips {Esquire} Brother of the {said} Henry Phillips the House and Land in Boston in possession of one Wallis situate in {Merchants} Row in Boston aforesaid and one Robert Lambert with the {appurtenances} which we value at one thousand Pounds being two hundred Pounds more than his share or fifth part of his said Brother's Real Estate amounts to so have & to hold the [said] House Land and Premisses unto him the [said] Gillam Phillips his Heirs & assigns forever repaying the [said] Sum of two hundred Pounds in manner following within Thirty Days from the Date hereof viz. Sixty six Pounds thirteen shillings and four pence to [Habijah] Savage {Esquire} and Hannah his Wife (in her Right) Sixty Six Pounds thirteen Shillings and four pence to Arthur Savage {Esquire} and Faith his Wife (in her Right) and the Remaining Sum of Sixty Six Pounds thirteen Shillings four pence to the Children or Heirs or Assigns of Mary Butler {Deceased}. Item We Divide & sell off the {said} Henry Phillips's House & Land in Possession of (Iona?) Barnard situate in Cornhill Street near the Court House in Boston aforesaid unto his Brother Habijah Savage & Hanah his Wife (in her Right) one third Part thereof to his Brother Arthur Savage & Faith his Wife (in her Right) one other thirt part thereof and to the Heirs or Assigns of the {Deceased's} Sister Mary Butler {Deceased} the other Third part thereof To have and

And to hold the same House & Land with the {appurtenances} unto the {said} Habijah Savage & Hannah his Wife (in her Right) to the {said} Arthur Savage & Faith His Wife (in her Right) and to the Heirs or Assigns of the {said} Mary Butler {Deceased} in Equal Thirds and to the Heirs or Assigns of the {said} Hannah & Faith Savage and the said Mary Butler Heirs & Assigns forever to be Divided between them in Three Equal Parts, each third Part being 6by us Reckoned, worth seven hundred thirty three Pounds six Shillings and eight pence which Sum with Sixty six Pounds thirteen Shillings & fourpence which we order the {said} Gillam Phillips to pay to his {said} two sisters and the Heirs or assigns of the {said} Mary Butler {Deceased} as {aforesaid} will make up the Shares to Each of them Eight - hundred Pounds being one fifth part of the said Henry Phillips his Real Estate. In Testimony whereof We have herunto put our hands and Seals this Eleventh day of May In the Sixth year of the Reign of our Sovereign Lord King George the Second anno Domini, one thousand seven hundred and thirty three

Signed Seald & {Delivered} in the presence of us Jonathan Payson Samual Tipley {Stephen} Boutineau & a Seal Jeff. Bedgood and a Seal James Watson and a Seal Jacob Sheafe & a Seal Jonas Clarke & a Seal

By the {Honourable} Josiah Willard {Esquire} Judge of (Pro,,?)

The foregoing Division or Partition of the Real Estate of Mr. Henry Phillips {deceased} Intestate being

Presented by Mr. Stephen Boutineau in behalf of himself and the Subscribers a Committee appointed to Divide the said Estate to and among the LawfullHeirs of {said} {Deceased}; I do allow and approve thereof accordingly Boston May 15th 1733 J Willard

A true copy

{Examined} John Boydell (Registrar?)

Province of the } Massachusetts Bay}

To His Excellency, Jonathan Belcher {Esquire} Cap tain General & Commander in Chief in and over His Ma jesties Province of the Massachusetts Bay in New England & to the {Honourable} the Council of the said Province -

The Humble appeal of Gillam Phillips of Boston in the County of Suffold {Esquire} from a decree Order or Sen= tence of the Honourable Josiah Willard {Esquire} Judge of the Probate of Wills and Granting Letters of Administration {et cetera} in and for {said} County Pronounced at Boston aforesaid the fifteenth day of May last whereby he ordered a division or Partition of the Real estate of {Mister} Henry Phillips deceased intestate as the same was made by {Messrs.} Stephen Boutineau Jeffry Bedgood James Watson Jacob Sheaf & Jonas Clark under their Hand's & Seals bear ing, date the eleventh of May last wherein the said real estate was divided into five equal parts and dis= tributed as therein more particular sett forth and rela= tion thereunto being had more fully will appear which said division and distribution and the decree order or sentence thereupon is rong and erroneus for the following reasons - First. For that your appellant is the only Brother & Heir at Law of the {said} Henry Phillips who dyed seized of the premisses pretended so to be divided and distributed and by the Law of England the whole thereof descends to the {Appellant}

Secondly. By the express words of the Royal Charter granted by King William and Queen Mary, to the Province of the Massachusetts Bay, Power is granted to the Great & General assembly of said Province to make Ordain and establish Laws statues & ordinances (so as the same be not repugnant or contrary to the Laws of the Realm of England) as they shall Judge to be for the good and Welfare of the said Province But the act made in the fourth yearof the Reign of King William and Queen Mary Intitled an act for the Settlement and Distribution

of the estates of Intestates whereby the said Judge has pretended to distribute the real estate of the Sd Henry Phillips in manner as aforesaid and His proceedings thereon are repugnant or contrary to the Laws of the Realm of England and consequently Ipso facto /void/

Thirdly. -By Law no Judge of Probates has any thing to do with Real Estates or the Course of descents the rights and tryal thereof appertaining to the King's Courts and therefore in the form of the Letters of Administration no power is deligated to the administrator touching or concerning real estates - For all which and what further may be offered your {appelant} [[prays?]] Reversion & Costs

Gillam Phillips

1733 Octo 10th filed & {John} Boydell {Registered} a true Copy Ino Boydell Regr

Pro: Office Suffolk Jr} These may certify that his Excellency the Governour & the {Honourable} His Majesties Council that Gillam Phillips {Esquire} has given Bond with surety to prosecute this appeal in the terms of the Law in that case made & provided.

{John} Boydell Regr

In Council October 19 1733; Read and ordered that a hearing be had on this appeal on Fryday the second of {November} next at three a clock in the afternoon, and that the {appelland} reasonably serve the adverse party with a Copy of the Reason of appeal and this order.

J Belcher

In Council {November} 9 1733 A hearing having been this day had before the board on this appeal, and the Pleas allegations and evidences in the case fully considered. - Ordered and decreed that the order of the Judge of Probate for the County of Suffolk for dividing the Real estate of Henry Phillips {Deceased} among his Mother Brothers and Sisters &ex be & here by is affirmed:

A real copy J Belcher Examined & J Willard Scry