Thomas Lechford.

Note-book kept by Thomas Lechford, Esq., lawyer, in Boston, Massachusetts Bay, from June 27, 1638, to July 29, 1641 (Volume 7) online

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Online LibraryThomas LechfordNote-book kept by Thomas Lechford, Esq., lawyer, in Boston, Massachusetts Bay, from June 27, 1638, to July 29, 1641 (Volume 7) → online text (page 11 of 47)
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though it would seem as if Leehford however.



LECHFORD S MANUSCRIPT NOTE-BOOK. 81

and goarc cattle and thereof the defendant had notice and
warning, but the Defendant did not rcstraino his said Cowe,
soc that on the said twenty fifth day of the said third
moneth last past the defcndts said Cowc did goare the plain
tiffs said cowe so that her gntts and bowclls fell out and
her belly being thrust through, to his dammage 20 1 , w ch the
Defendt. hath not rendred unto the pit. although he hath ben
required the same, and therupon the pit. brings his suit. 1
[la.]

Thomas Moulton of Charlestowne, fisherman, aged about
30 yeares maketh oath that one Batman dwelling by the river
of Saco on or about the last day of the first moneth Anno
Dm. 1638, did place his daughter Margery Batman servant
unto Henry Lawrence of Charlestowne ffisherman, w tb him to
Dwell & serve for the space of five yeares from that time to
be compleate and ended, for the w ch service the said Henry
Lawrence was to deliver unto the said Batman, her father, one
shc-goate for the benefit of the said Margery, at Charles
Towne aforesaid, and therupon the said Batman the ffather
Did deliver the said Margery to the said Henry, at Sacoe river
aforesaid, to be brought to Charlestowne aforcsayd, on or
about the last day of the first moneth aforesayd, and accord
ingly the said Henry [52] Lawrence brought the said Margery
unto his house at Charlestowne where she remayned w th him
about a quarter of a yeare and no longer, and then the said
Batman the ffather came to Charlestowne aforesaid and tooke
his said daughter from the said Henry Lawrence againc, why
the sayd Depon t Doth not knowc, and the said Batman hath
since placed his said daughter w th one Elias Parke since
dwelling at Kenccticot. And whereas the said Henry Law
rence Doubted to receive and carry her the said Marg. away,
for fcarc she should be a servant to some body, the said Bat
man bid the said Henry Lawrence not to fearc, for that he the
said Batman would discharge him of any trouble or dammage

1 From a later entry in the Note- suit, on the ground of Mr. Sprague s
book (p. 113), it would seem as if there fences being in a bad state of repair;
might have been some defence in this but such matters are for conjecture only.

6



82



LECHFORD S MANUSCRIPT NOTE-BOOK.



that should come upon him for carrying the said Margery
away, if it should cost him forty pounds. And the said Henry
Lawrence did provide and give the said Margery some
cloathcs, but of what value this depont knoweth not. 1 [Is.] .

4:4: 1639

John Lawrence of Charlcstowne, 2 fisherman, aged about
twenty fourc yearcs makcth oath that <c. againe because his
said { father would not give him the said Batman 41 in money
instead of the said shc-goate, w ch was contrary to the first
agreement, and <tc.

Thomas Ilett of Ilingham, Cowper, Pltiffe, Thomas Shave 8
late of the same, planter, defend 1 . In an accon of trespas



1 This and the following depositions
probably relate to a matter noticed in
the Colony Records. At a Quarter
Court at Boston, June 4, 1639, " Henry
Laurence was for the p r sent discharged
about Capt. Bonito his servant" (Musx.
Records, i. 265). With a mark of
contraction over the final o, Captain
Bonito may stand for Richard Bony-
thon, or Bonighton, of Saco, and a
magistrate there in 1636; and it may
be inferred that Margery Batman
brought from Saco by Henry Lawrence
in 1638 was claimed by Captain Bo
ny thon as his servant by prior inden
ture or agreement.

There was a Stephen Batson at Saco
in 1636, who had a daughter Margery :
he removed to Cape Porpus in 1653
(Folsom, History oj Saco, pp. 33, 124).
Possibly the two names indicate the
same man ; but whether Batman or
Batson is correct I have no means of
deciding. More may be found of Moul-
tou iu another connection, punt, p. 152.

IT.]

2 John Lawrence, "of Chariestown "
in 1639, is shown to be the son of Henry
Lawrence of the same town. There
can be no doubt of his identity with



John Lawrence of Watertown, 1636-
1662, afterwards of Gro ton ; and his age
at the time of deposing, refers his birth
to the yeai 1614 or 1615. The Lawrence
Ceiiealogy ( Bond s Watertown, pp. 1080-
1081) proves John Lawrence, who was
"in New England" July, 1639, to have
been a son of Henry Lawrence, of Wis-
set, Co. Suffolk, England, " supposed
to be the Henry Lawrence of Charles-
town, as early as 1635, who died between
1638 and 1647." But the same genealogy
shows that one John, son of Henry,
was baptized at Wisset, Oct. 8, 1609,
and a brother, Robert, baptized Sept.
16, 1612. The discrepancy in ages
thus indicated may be reconciled by
supposing the John whose date of bap
tism is given in the genealogy to have
died young, and that John of Water-
town was a second son of the same
name, two or three years younger than
his brother Robert, who remained in
England. [T.]

8 "Thomas Shaw, Ilingham, 1637,
removed before 1643 to Barnstable. . . .
Some have written the name Shave "
(Savage}. This declaration shows that
Shave had removed from Ilingham
before June 4, 1639 ; probably shortly



LECHFORD S MANUSCRIPT NOTE-BOOK. 83

upon the case, 4. 4. 1039. The Plaintiffe complayneth that
whereas a certaine parcel of meadow or marish ground con-
teyningfive acres or ncare therabouts lying in Hiugham afore
said, was heretofore wrongfully deteyned by the townesmen of
tlie said Towne from the Defend upon conference thcrof had
by and betweene the said Plaintiffe & Defend 1 on or about the
first day of the fifth moncth in the ycarc 1G37, at Ilingham
aforesaid, The said Defend* did promise the Plaintiffe that in
consideration he would help the defend 1 in obteyning the said
lands againe into his possession that he the Defend* would
give the pl tiffe [53] the one halfe of the sayd lands to have
and to enjoy to him and his hcires for ever. And the pl tiffe
saiththat indeed he did help the Defend* in obteyning the said
lands againe into his possession & he hath since enjoyed the
same and taken the promts thereof above the space of one
ycarc last past, Notw th standing the Defend 1 not regarding
his promise aforesaid but intending to defraud the said pltiffe
of the one halfc of the said lands & the proflits thereof, hath
refused to give the said one halfe of the said lands to the
Pl tiffe but hath taken the proftitts thcrof wholly to himselfc
Although the Pit. Did on or about the last Day of the fifth
moncth of the yearc 1638 last past require the Dcfendt. to
performe his said promise unto him this Plaintiffe. To the
Dammagc of the Plaintiffe 10* , and thereupon he brings
this suit. [Is. Jonathan Bosworth & Benjamin Bosworth
witnesses for the Pit.]

THOMAS HETT of Hingham, Cowper, pit. ) j n a roa ] ac on
JOHN TOSE of the same, planter, Defendant ] 4. 4. 1<>39.

The Pit. shewcth that whereas Thomas Shave late of Iling
ham aforesaid, planter, did on or about the tenth Day of
the first moneth, Anno Dni 1G37, give unto the Plaintiffe the
one halfc of a certaine parcell of meadow or marish ground
contcyning five acres or neare therabouts lying in Hing
ham aforesaid, Now the said Defend* claymeth and holdeth

before that date, as the word "late" was interlined before "of Hingham," after
the first draft.



84 LECIIFORD S MANUSCRIPT NOTE-BOOK.

possession of all the said lands and rcfuscth to let the pltiffe.
have & enjoy the said one halfc of the said lands & profiits
thereof. And for the enjoyment of the said halfe of the said
lands the Plaintiffe brings his suit. [Is. Witnesses afores d .]

[54] Jonathan Bos worth l of Hingham, taylor, aged about
26 yearcs, maketh oath that Thomas Shave about the bcgin-
inge of the fifth moneth 1637 upon occasion of conference
betwecne him & this Deponent about a parcell of ground in
Ilingham conteyning about 5 acres then kept from him told this
dcpoiit that he had promised to give halfe therof to Thomas
Hctt for to help him to obteyne the possession of the said
ground and at another time this deponent was present when
the said Thomas Het and Thomas Shave talked together of
the said promise wherof this deponent remembreth this pas
sage that Thomas Hctt asked the said Thomas Shave whether
he would be as good as his word, he sayd yes. Then sayd
Thomas Ilett you are like to have yo r ground againe but
whon you have it againe I doubt you will be unwilling to let
me have halfe of it Noe said Thomas Shave you shall have the
one halfe if ever I get it and I shall be glad of the other halfe.



Benjamin Bosworth l of Hingham planter aged about 24
ycares maketh oath that Thomas Shave about the begin
ning of the fifth moneth 1637 upon occasion of conference
betwecne him and this Dcpoiit about a parcell of ground in
Ilingham conteyning about 5 acres then kept from him the
said Thomas told this Dcpoiit that he had promised to give
Thomas Hctt halfe therof for to help him recover the same
and the said Thomas Shave said further that when he did get
the said ground Thomas Hot should have halfe of it w th
heart tv good will and that he the said Thomas Shave should
be glad of the rest himselfe & prase God for it. [6(Z.]

1 Benjamin, Jonathan, and (as I in- and probably sons of Edward, who

fcr from an entry on a subsequent page, died on his passage to New England,

as well as from Mas*. Col. Jlcc., i. 152) or before July, 1635.
Nathaniel Bosworth were brothers,



LECHFORD S MANUSCRIPT NOTE-BOOK. 85



[55] To the Right Wor 11 the. G-overno r , Councill and Assist
ants of the Jurisdiction of the Massachusetts bay in New
England, $ to the generall Court there assembled, 0. 4. 1039-

The humble petition of Thomas Cornell 1 of Boston In-
keeper.

Shcweth that whereas in the winter tymc when provisions
were Dcare & scarce and yo r petitioner had much losse by his
small bcare by the frost, he did sell some stronger bcerc w ch
he was at cost to preserve from the frost by fire, for the ne
cessary use of strangers, unto some others, for 2d. a quarte,
and did since draw out about a rundlct of sacke in his house,
not knowing any law to the contrary, scing Mr Fortcscue
told him that he had liberty to Draw by the gallon, or 2 or 3
gallons, yo r petitioner hoping that he might so Doc & save
himselfe a labour of sending to the tavcrne. But seeing yo r
petitioner now undcrstandcth that these things are against
the lawcs, he is very sorry for his offences and all other offen
ces that have been taken notice of by the Court, beseeching
you to consider that some miscarriages may passe in such an
house against his will and w th out his knowledge, but he hath
ben hitherto carefull and shall hereafter Godwilling be more
carefull to keepc a good conscience in the said place if you
shall please to continue him therein, if not he shalbe ready
to leave the same as soone as he can get a chapman for his
house, for that he hath not ben heretofore accustomed to

1 Thomas Cornell, or Cornhill, as ing entry in the records of the Quarter

has been before mentioned, was the Court, June 4, 1639, shows the occa-

successor of William Balston in the sion of this petition. " Thomas Corne-

second of the two inns or ordinaries hill was fined 30 for acverall offences,

licensed in Boston before 1639 (see selling wine w th out license, and bearo

note on p. 31, ante). With consent at 2 d a quart. Hoc had warning the

of the townsmen, Aug. 20, 1638, he 10 th 4 th mo" (Mass. Col. 7?cc., i. 266).

bought Mr. Balston s house, yards, gar- On the sixth of June the Court abated

den, and one close "on the backside 10 of his fine and respited the re-

of Mr. Coddington s," one acre, more mainder ; but provided that he should

or less, two acres in the Mill Field, "cease from keeping intertainraent, and

three at Hog Island, and eighty at the town to provide another" (Ibid.,

Mount Wollaston (Town Records, i. p. 260). [T.]
35 ; Suff. Deeds, i. 26). The follow-



86 LECHFORD S MANUSCRIPT NOTE-BOOK.

such a housekeeping and these are his first offences and his
first warning.

All W cli Considered yo r petitioner humbly praycth the Co rt
to be pleased to remit his ifine lately imposed upon him by
the Court of Assistants for the said offences, and as long as
he continueth in the said housekeeping he promiseth by the
help of God to be carefull not to offend in such things or in
any other, and shall as his duty by mis him pray for your
long life & prosperity & the whole State. [2s. 6c?.]

A Coppy of a Deed betwecnc Mathew Allyn of Kenecticot,
gent, and Margaret his wife, 1 of the one parte, and Thomas
Allyn of Barnstablc in the County of Devon, yeoman, of the
other parte, Dated 17. 10. 1038. being a Conveyance of lands
in Devonshire to the said Thomas. [3s.]

Me Mathew Allyn De Ilartforde super flumcn dc Kenecticot,
in America gen. tencr 1 <tc. Thome Allyn in duobus mille
libris &c. Dat 6. 3. 1G39.

The condition of this obligation is such that if the above-
bounden Mathew Allyn and Margaret his Avife, and their
hcires, shall from time to time and at all times hereafter
well and truly observe performc & keepe all such grants
Covenants & agreements as are menconed and [56 ] ex
pressed in one payre of Indentures dated the seavcnteenth
day of December last past before the date of these presents,
made betwccne the said Mathew Allyn and Margaret his wife
of the one partc and the abovenamed Thomas Allyn of the
other parte w ch on the parte & bchalfe of the said Mathew
Allyn and Margaret his wife and their hcires are to be ob
served, performed and kept, And if the said Mathew Allyn
and Margaret his wife shall Doe and execute all such further

1 Mathew Allyn was at Cambridge and 1664. The lands granted to Tho-

in!6;l2. Jlu removed to 1 1 art ford, where mas Allyn, of Harnstaple, Devonshire,

he had a considerable allotment in the we. re ]>robahly the same, "in Uowport

fir.->t division of lands, but soon after Street," which Thomas Allyn, then of

settled at Windsor, lie was an assist- Barnstable in New England, sold in

ant from 1658 to 1607, ami a comnu s- 1641 to John Hells, of Dorchester (seo

sioner for the United Colonies in 1660 copy of the conveyance, post, p. 227).



LECHFORD S MANUSCRIPT NOTE-BOOK. 87

assurances as by the said Indentures they have covenanted
to Doe so that they be not required for the Doing thereof to
travell out of the Jurisdiction of Kcnecticot plantation above-
said and so that the said assurances be tcndrcd unto them
w tb in the space of scavcn ycares next ensuing the date here
of then this obligation shall be voyd and of none effect or els
shall remaine & be in full power strength & vertue. [3s.]

BOSTON IN NEW ENGLAND 7 Junii 1639.

At thirty Days after sight of this my first bill of exchange
my second or third not being payd, be pleased to pay unto M. r
Richard Hutchinson of London, Linnen Draper, Dwelling at
the sign of the Angell and Starre in Chcapsyde, or his as-
signes, the summe of one hundred pounds of Currant money
of England, for so much received here of Mf John Cogan l of
Boston in New England merchant. I pray make good pay
ment and place it to account according to advice,

for me, JAMES FoRRETT. 2

To the right Hon ble the Earle
of Starling Secretary for the
Kingdom of Scotland, at his
house iii Goveut Garden in. Midd. [Is. 6t/.]

[57] A Paper of Certain Propositions 3 to the general Cort
made upon request 8. 4. 1639.

1. It were good that all accons betweene partyes were en-
trcd in the Court booke by the Secretary before the Courte
sittes.

1 John Cogan. See note on p. 138, inson, the ironmonger in Cheapside.
post. Forrett returned to England in 1641

2 James Forrett, agent of William, (see JVinth., ii. 4, 5; Conn. Col. Ilcc.,
Earl of Stirling, for his patent of Long ii. 93, note).

Island, was in Boston in 1639, as 8 Though these propositions of

appears by this bill, drawn on his em- Lochford looking to his employment

ploycr, in favor of Richard Hutchin- as "publick notary" were not adopt-

son, brother of William, of Boston and ed, they may have led to the passage

Newport, and uncle of Richard Hutch- (at the next session of the General



88 LECIIFORD S MANUSCRIPT NOTE-BOOK.

2. That every accon be declared in writing and the De-
fendts answer general or speciall as the case shall require be
put in writing by a Public Notary before the cause be heard.

3. The Secretary to take the verdits & make forth the iudi-
cial commands or writts.

4. The public notary to Record all the proceedings in a faire
bookc and to enter satisfaccons acknowledged and executions
or commands done.

5. The frees in all these to be no more then in an inferiour
Court of Record in England w ch fees to be allowed by the
generall Court or Court of Assistants.

The benefit hereof to the publicke good.

1. It will give an easy and quicke dispatch to all causes for
thereby the Court and Jury will quickly see the .point in hand
and accordingly give their verdict & judgmt.

2. The Court shall the better knowc constantly how to judge
the same things : and it is not possible that Judges from time
to time should all way es remember clca; ily or know to proceed
certainly w th out a faithfull record.

3. The partycs may hereby more surely and clearely obteync
their right for through ignorance & passion men may quickly
wrong one another in their bare words without a record.

4. Hereby shall the Law of God and justice be Duly admin-
istred to the people according to certaine and unchangeable
rules so that they may know what is the Law and what right
they may lookc for at the mouthes of all their Judges.

5. Hereby the subjects have a greate parte of their evi
dences and assurances for their proprieties both of lands <fc
goods.

The people may also use the publicke notary in Divers
cases to the ease of the Magistrates and for making scverall
writings &c.



-



Court), in September, 1639, of a law posterity," and also providing for the

requiring "that henceforward every record of wills, inventories, etc., and of

judgment, w to all the evidence, bee lands (Mass. Col. lice., i. 275, 276).

recorded in a booke, to bee kept to [T.]



LECIIFORD S MANUSCRIPT NOTE-BOOK. 89



[Bcloiv is the following note, in ciplier : ]

The Court was willing to bestow employment upon me,
but they said to me that they could not doe it for fcare of
offending the Churches, because of my opinions. Where
upon I thought good to propose unto them as followeth
over leaf :



[58] Certaine propositions to the generall Co r t, 11. 4. 1G39.

Whereas I have delivered that prophesying in the Church
is properly & therefore ought to be mainely of propheticall
scriptures, and that Apostles, Evangelists & Prophets ought
to be continued as well and as long as Pastors <fc Teach
ers, or any other the undoubted officers by vcrtue of the Insti
tution, Some apostles^ some prophets c., and that it is probable
there shall come yet a greater Antichrist then ever hath
bin, <tc.

1. I Doe not refuse Church Communion w th any that hold
the contrary.

2. If the Elders upon perusall of my bookcs & hearing
me will give their censure and reasons in writing or otherwise
against the maigne propositions in my bookes, if they cannot
satisfy me so far as to recant yet I shall be content to be
silent.

3. If the Elders upon perusall of my bookes & hearing
me can convince me of error in the maigne propositions, I
shall be ready to retract, yea, to burne my bookes.

4. If the State & the Elders thinke that the matters I
trcatc on are not tanti l or that they are just occasion of Dis
turbance, I shall be content they will advise of them 12.
moncths or more, w th silence on my parte During that space
saving to the Elders and cheife men, provided that I may have
imploymcnt to subsist among you, and in the meanc while be

1 The manuscript is seemingly plain ; but this word tanti is curiously
chosen. [T.]



90



LECIIFORD S MANUSCRIPT NOTE-BOOK.



admitted to the privileges of God s house ; for that all I write
may be held or not held salvafide, as I conceive. W th all Due
submission to this hono ble Co rt .

Yo r humble suppliant

THO : LECHFORD.

\JTke following is in cipher, except the first four words.~\

A Draught of reasons for 3 deputies to be sent from each
town to the General Court: A sheet of paper: At the request



of



Bcllingham 1 : 19. 4. 1639.



[0-0.]



Coppy of a bill or letter of Attorney to Mr Rob 1 Harding
to receive 41 15? of George Ludlowe 2 for Richard Callacott.
Dated 19. 4. 1639. 8d.



[Tlds in cipher. ]

Received of Mr 1 Glover 3 in May or the beginning of the
month of June, 1G39. [10*.]



1 The name of Bcllingham is writ
ten in the cipher in accordance with
its popular pronunciation of the period
as BdHticjc in (with ;/ .soft). [T.]

It appears from this entry by Lech-
ford that Mr. l>ellingham though
himself out; of the assistants was
opposed to the order of March, 1639,
by which towns were prohibited from
sending more than two deputies, and
which "occasioned some to fear that
the magistrates intended to make them
selves stronger and the deputies weak
er, and so, in time, to bring all power
into the hands of the magistrates ; so
as the people in some towns were much
displeased," etc. ( H r i,Uh. t i. 300). [T.]

Mr. Bellingham and Mr. Saltonstall,
as Governor Winthrop complains,
"held together, and joined with the
deputies against the rest of the magis



trates," in "cases where any difference
was" (jy-inth., ii. 186, 210). Yet, he
concedes, "these gentlemen were such
as feared God;" and "where they
went aside it was merely for want of
light, or their eyes were held through
some temptation for a time, that they
could not make use of the light they
had." So mild a judgment on of Fenders
who "went aside" towards democracy,
and perhaps went so far as to maintain
the right of petition for the repeal of
an obnoxious law, a measure which,
in the Governor s opinion, "savored of
resisting an ordinance of God," is the
highest evidence of his charity and
goodness of heart [T.]

2 George Ludlow came over in 1630,
but returned to Kngland very soon.

8 For Mrs. Glover, the wife of the
Rev. Josse Glover, see note, p. 119, post.



LECHFORD S MANUSCRIPT NOTE-BOOK. 91

[59] Articles of Agreement indented made the twentieth
Dai/ of the fourth moneth in the year of our Lord One thou
sand six hundred thirty nync Betweem RICHARD COOKE 1 of
Boston in Neiv England, tayler, of the one partc, and ARTHUR
PERRY of the same, tayler, of the other parte.

1. Imprimis, it is Covenanted, agreed, and fully concluded
by and bctwccnc the said parties to these presents, that they
shall and will be Co-partners in the trade of Taylery, from
the Date of these prsents for and During the space of scaven
yearcs thenceforth fully to be compleatc and ended, if it shall
please Almighty God that they two shall so long live, During
all w cb time they shall be and continue together daylie in one
shoppc and be at cquall costs and charges in providing <fc
paying for shoproome and all necessary utensills and things
requisite to their said trade;, and shall each of them have one
Apprentice servant in their joynt shop}) from time to time
during the said terme of sea veil yearcs.

2. Item, it is Covenanted, agreed & fully concluded by and
bctwcenc the said parties to these presents that all the prof-
fitts, commodities and advantages w ch shall be gotten by
them in their said trade, and by the industry and workc of
them the said partyes to these presents, and of their Appren
tice servants therein During the said terme of scaven yearcs
shall be equally Due and be divided and parted from time to
time unto and bctwecnc the said parties to these presents.

3. Item, further it is Covenanted agreed and fully concluded
by and betweene the said partyes to these presents that neither

1 Richard Cooke and Arthur Perry, been appointed in 163S with a salary of

the tailors, had, in 1645 or earlier, two 5 for "drumming to the company on all

houses on School Street. Whether their occasions." Later, however, he agreed

partnership had by that time dissolved, to "give his Hcst diligence in Teaching

or whether they still did their business George Clifford and Nathaniel Newgate

in one shop, I cannot say. Cooke- was in all the skill and use of the drum

later known as a military man, being of needfull to all common service in mili-

the Artillery Company, and rising in tary affayres." And this agreement I



Online LibraryThomas LechfordNote-book kept by Thomas Lechford, Esq., lawyer, in Boston, Massachusetts Bay, from June 27, 1638, to July 29, 1641 (Volume 7) → online text (page 11 of 47)