457 Lambert vs. Harvard College

    [February 22 1738/39]

    Province of the Massachusetts Bay Essex &c.

    George the Second by the Grace of God of Great Britain France and Ireland King Defender of the Faith &c.

    A Seal

    To the Sherif of our County of Middlesex His Under Sherif or Deputy Greeting—

    We command you that you summon the President and Fellows of Harvard College in Cambridge in our County of Middlesex aforesaid alias dictus the President and Fellows of Harvard College (if they may be found in your Precinct) to appear before our Justices of our Superiour Court of Judicature to be holden at Ipswich for and within our said County of Essex in the Second Tuesday of May next Then and There in our said Court to answer unto Thomas Lambert of Rowley within our said County of Essex Esq. and Joseph Varnam of Dracut within our County of Middlesex Esq. and Jane his Wife and in Right of his said Wife in a plea of Review of a plea of Trespass and Ejectment commenced at our Inferiour Court of Common Pleas held at Newbury within and for our said County of Essex at the last Tuesday of September Anno Domini 1736 by the plantiff against Nathaniel Broadstreet of Ipswich within our County of Essex Yeoman the Terre-Tenant and Original Defendant named in the Writ but prosecuted at our Inferiour Court of Common Pleas held at Salem for and within Our said County of Essex by Adjournment on the Third Tuesday of February A.D. 1736 by the plantiffs against the Defendants who were then and there admitted defendants in the Room of the said Nathaniel Broadstreet, in the words following vizt.—

    For that the Defendants at Rowley in Ipswich aforesaid doth unjustly withhold from the Plantiffs the possession of One Moiety or half part of a Certain parcel or Tract of Land commonly known by the name of Warehouse Pasture situate in Rowley aforesaid containing in the whole about thirty Acres and bounded Esterly upon the Warehouse river, Northerly on the said Thomas Lambert the Plantiff and Moses Bradstreet and his defendant Nathaniel, Westerly on the land of the said Plantiff Thomas Lambert, Southerly on the land in Possession of Moses Bradstreet and the Defendant Nathaniel or however otherwise bounded; now the Plantiffs in fact say, That Thomas Lambert late of said Rowley Gentleman Deceased was in his life time seized of one moiety of said tract or parcel of land in demesne as of fee and died so seized A.D. 1685 and intestate leaving behind him four Children vizt. Mary the Plantiff Thomas, Nathan and the Plantiff Jane unto whom the same descended according to the Law of our Province of the Massachusetts Bay and they were accordingly thereof seized the said Mary and Nathan died in their infancy without issue Vizt. the said Mary died so seized on or about the year 1687 and the said Nathan died so seized on or about the year 1693 when the Plantiff Thomas and the Plantiff Jane then infants became seized of the Whole of said moiety in manner aforesaid and the now Plantiffs ought to be in the quiet possession thereof but the Defendants tho requested refuse and still deny to deliver the possession of said moiety to them to the damage of the said Thomas Lambert Joseph Varnam and Jane his Wife (as they say) the sum of two hundred pounds at which said inferiour Court held by adjournment as aforesaid in February aforesaid judgment was rendred for the Defendants so admitted as aforesaid to recover against the Plantiffs cost of Court. From which judgment the Plantiffs appealed unto our Superiour Court of judicature held at Ipswich for our said County of Essex on the second Tuesday of May A.D. 1737 from whence the Action was continued unto our Superiour Court of judicature held at Salem for our said County of Essex on the second Tuesday of November A.D. 1737 when and where the former judgment was confirmed and judgment was rendred for the now Defendants then Appellees to recover against the Plantiff then Appellants cost of Court, taxed at fifteen pounds eleven shillings: which judgment the plantiffs say […] and erroneous and ought to be reversed, and that they are thereby damnifed the sum of Two hundred and fifty pounds, as shall then and their be made to appear wherefore for reversing the said judgment and recovering judgment against the Defendants for possession of the land and premises sued for in the original writ, and also for recovering back from the Defendants the costs of Courts aforesaid granted to them by the judgment aforesaid they the said Plantiffs bring this suit as also for their own Costs and Damages occasioned thereby: and have you their this Writ with your doings therein Witness Benjamin Lynde Esq. at Boston this twenty second day of February in the twelfth year of our Reign; Annoq. Domini, 1738 Middlesex Ss—April the 7th 1739.

    Samuel Tyley Clerk

    A True Copy Examined per Richard Foster Jr. Sheriff

    [Endorsed:] Lambert Esq. &c. vs. the President and Fellows of Harvard College—Copy of Writ of Review.

    Rowley Lands Papers.