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

. (page 19 of 47)
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 19 of 47)
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of Boston aforesaid to be transported to the said porte of
London & there to be delivered forth of the said ship unto
M r . Hooke by him to be disposed <fc sold to the pltfs use &
benefitt & was to make return thereof to the said plaintiffe
in other commodities according to his letters of advice scut
unto the said Hookc notwithstanding the Defendt afterwards
passing over to the said porte of London in the said shippe
did not deliver the said beaver skinncs unto the said Hooke
although the Defent was required the same in the porte of
London aforesaid by the said Hooke but converted them to
his the said Defendt 8 owne use whereby the pit lost divers
moneys <fe profitts & commodities w ch by trading w th the said
other commodities [109] lie might have gotten to his dam-
mage 20* and thereupon he brings his suit. [2s. 6d. Is. Cti]



THOMAS WATSON, pit j - n a ha gf g (he


The pit complayncth against the defendt for that whereas
the defendt in the moncth of February last past was indebted
unto the pit in the summo of 40s. for the service of one Henry
Blagc whome the pit before that time did assignc & put over
to the defend 1 in consideration thereof he did assume <fc promise
to pay the same to the pit when he should be thereto required.
And whereas also the defend 1 in the moncth of February
aforesaid was indebted unto the pit the summe of thirty shil
lings for ccrtaine tools that is to say two shovells 3 spades
two pickaxes iron vysc smalc lyncs a furgin of iron & curtaino
rjngs before that time by the said defend 6 bought & had of the
pit the said defend 1 in consideration thereof did assume
promise to pay the said thirty shillings unto the pit when he
should be required the same and whereas also in the moneth
of May last the defend 6 was indebted to the pit in the summe
of thirty shillings for one fouling pcece before that time by
the defend 1 bought had of the pit. the defend 6 in consider
ation thereof did then assume and promise to pay the said
thirty shillings unto the pit when he should be thereunto
required And whereas the Defend* in the moncth of June
last past was indebted unto the pit the summe of five shillings
for five clayes worke done by the pit in the service of the
defend 6 and one John Groome the defend* 3 partner the
defend 6 in consideration thereof did then assume <fc promise
to pay the said five shillings to the pit when he should be
required the same. W ch said sevcrall summcs of money doe
amount unto the summe of five pounds <fc five shillings
whereof since the defend 6 hath payd the pit only the summe
of thirty shillings thereof Notwithstanding the defend 1 little
regarding his severall promises & assumptions aforesaid but
intending to deceive the pit of seaventy five shillings the
residue of the said five pounds & fifteen shillings hath not
payd the same unto the pit according to his the defend 8 said


severall promises & assumptions altliough he was by the
Pit required the same at Mount Wollaston upon the nync-
teenth day of August last past but did refuse ct still doth
refuse to pay the said seventy five shillings to the pit to his
damage eighty shillings & thereupon he brings his suit.
[3s. affid Jo : Groome Is.]

To the right wor 11 the Governor council & Assistants of
the Jurisdiction of the Massachusetts bay in New England.

The humble petition of James Brocke l mariner sheweth
that whereas the Governor & Company of the Massachusetts
bay aforesaid were heretofore that is to say in the moncth of
July in the yeare of our Lord 1636 indebted to yo r petitioner
the summe of thirty pounds for butter cheese [110] and
other provisions had by them of yo r petitioner for their use &
service in the voyage to Block Island towards the warres
against the Pequods w ch thirty pounds should have bin then
presently payd to yo r petitioner in the said moncth of July
notwithstanding the same was not payd him till the nyne-
teenth day of the sixth moneth last past and whereas by
deteiyning the said thirty pounds the said three yeares the
petitioner lost thirty pounds more w ch he could in that time
reasonably have gotten by the same in trading to & from
England hither according to the rate of 30* in the C as usu
ally merchants make of their commodities as well heere as
in other countryes the rather in this country because the
adventure & danger is greater & the passage long betweene
this fc England. These premises considered yo r petitioner
praycth y r worpps to order the worppful Gov of the Company
to pay him for the said demand 30 1 more or if you r worships
so think good you may put it to the consideration & verdict
of a Jury whether the same be not reasonable to be payd &
allowed to the petitioner & he shall be ready to stand to their
verdict & yo r order thereupon & shall according to his duty
pray for yo worpps health <fe prosperity & the publiquc. 2 6

1 I am unable to find any mention, dlesex, would seem to show that he spent
except in Lechford, of this James Brocke. no length of time in the country.
Being called of Ratcliffe, County of Mid-


To the right wor 11 the Governor Councill and Assistants of
the Jurisdiction of the Massachusetts bay in New England

Humbly complayning shews unto yo r worpps William Cole
late of Chew magna in the county of Somerset gent & Eliza
beth his wife Daughter & executrix of the last will fc tes
tament of Francis Doughty 1 late of the city of Bristoll
merchant deceased that whereas the said Francis Doughty
in his life time stood master of <fc -had right unto a ccrtaine
lease of a forme called Hamstcd farme in the county of Glou
cester to enioy to him and his assigns during the lives of
divers of his children w ch farme was worth 20001 at the least
and was possessed of some small personal estate to the value
of forty pounds or thereabouts and whereas Francis Doughty
Clorke son of the said Francis Doughty Deceased being in his
said fathers displeasure came to this com plt Elizabeth when
she was sole and intreated her to spciike unto her snid father
for the said Francis the sonne iv to pursuadc w tb her said
father that he would bestowe and settle the said lease of the
said farme on the said Francis the sonne in case that Jacob
Doughty brother of the said Elizabeth were dead or should
dve so that the said Francis the sonne miirht enioy the same

* J J

after the debts & legacyes should be payd <v his will per
formed and then promised her that if she would so speak for
him tv< that she could prevayle with her said father that he
would so bestowe & settle the said lease <fc farme upon him
the said Francis the sonne as aforesaid that he would give her
a better portion than her father would give unto her and the
said Compl 1 saith that she the said Elizabeth did spcakc unto
her said father for the said Francis the sonne accordingly and

1 Of Francis Doughty the. elder I volume of J/iw. Col. &c., pp. 74, 191,

know nothing more than is here set 203, 257, 272; :ilso in the third and fourth

down. lie never came to America. His volumes of the same, if the investigator s

son Francis, however, was a minister at patience should by any chance hold out.

Taunton for some years, after which he Mrs. Colo did not get what she. wanted,

removed to Long Island. Of Cole, who finally fell sick, and was cared for at the

married Elizabeth Doughty, nothing is expense of the Colony ; after which her

known, save that he died a year or two petitions ceased. The Humphrey Hooke

after this date. The course of events in may be the same man as the. one who had

this case may be followed in the second dealings with Joseph Younge, mariner.


her said father did thereupon bestowe & settle upon the said
Francis the sonnc the said lease of the said farme to be his
after the debts & legacyes of the said Francis Doughty De
ceased should be payd and his will performed and to that end
<fc purpose the said Francis Doughty Deceased did in his life
time by Indenture make a demise of the said farm unto
Humfrey Hooke merchant & others for the termc of tenne
yearcs [111] [part here is in cipher] for the performance of
his will namely for the payment of his debts & raysing of
porcons for the children of the said Francis and afterwards
by the same Indenture or some other conveyance the said
farm & lease in reversion after the said tenne yeares was
settled & bestowed upon the said Francis sonne by his said
father through the mediation of the said Elizabeth. And the
said Compl ts say also that the said Francis Doughty Deceased
did by his last will & testament and by the said Indenture
give unto the said Elizabeth the summe of IGOl in money &
goods for her portion & made her his sole executrix of his
said will, the said Jacob Doughty being dead at the time of
making the said Indenture or (tying shortly after, so that he
is lyable to pay unto the Comp lts in regard of the premises the
summe of IGOl but the said Francis Doughty the sonne having
since gotten possession of the said farme & lease sold the same
for above 10001 being altogether careless & little weighing
his promise aforesaid did not give the said Compl 1 Eliza
beth when she was sole nor any time since the Compl* mar
riage, to them both or cither of them hath not given a better
portion than the said Francis Doughty Deceased, did give unto
her the said Elizabeth although ho hath often bin put in mind
& required the same by the Coinp 119 , but hath refused & still
doth refuse to performc his sayd promise. And whereas also
by the said Elizabeth her Executrixship aforesaid slice had
right to the surplusage of the money that should have bin
maydc out of the said tenne of tenne yeares in the said farme
after the said debts & legaeyes payd w ch would have bin at
least two hundred pounds [cipher] so endeavoring to defcate
the Comp lt9 of the said surplusage which seeing that it would
have bin two hundred pounds at the least it was & would


have bin & still is in right it equity due to the said Com plts
by vcrtuc of the said Exccutrixship. And whereas also by
the said Indenture made to the said Humfrey Hooke & others
or at least by equity thereof all the debts of the said Francis
Doughty Deceased & all charges going forth of the said farme
were to be payd forth of the profitts of the said farme or out
of the said farme itself [cipher] notwithstanding the said
Compl* Elizabeth out of her the said Elizabeths smale portion
aforesaid was compelled to pay unto Robert Nelson gent the
summo of sixteenc pounds for the debt of the said Francis
Doughty Deceased <fc unto Marmaduke Chapman Clerke tenne
pounds for tythes of the said farme w ch being in all twenty six
pounds the said Francis Doughty the sonne ought in equity in
regard of the promises to repay unto the said Compl ts . [Ci
pher. ] And whereas also the said Compl* William Cole at the
speciall instance & request of the said Francis Doughty and
for the debt of the said Francis became bounden with him in
and by one [112] obligation bearing date the eleventh day of
December in the tenth yeare of his Ma t8 raigne that now is
unto one Edmund Bclsine whitest he lived of the city of l>ris-
toll sopemaker in the summc of three score pounds for the
payment of thirty pounds on the twenty fifth day of March
w cb shall be in the yeare of our Lord One thousand six hun
dred & forty so that the said William Cole is lyablc to pay
the said thirty pounds to the Executrix of the said Edmund &
he knowcth not how much costs & dammagcs besides if the
said Francis doe not pay the same and forasmuch as the said
Francis hath a purpose to remove his dwelling forth of the
Jurisdiction of this Court where this Compl* cannot tell he
humbly prayeth that the said Francis may be enjoyncd hcere
forthwith to save the pit. from the said bond. And because
the said Compl 19 have not such exact proof e of the premises
as the Law requires therefore they humbly pray that the said
Francis may be enjoyned to answer the premises and every
parte thereof in writing upon his oath. And further to stand
to & abide such order & decree therein as to yo r Worships
shall seeme to stand in equity & yo r Supliants shall as their
duty by nds them ever pray for yo r worpps health & prosperity


& the publique. [6s. $d. Copia 3s. 4d. A coppy of the
words of the deed, 4d. Writing the action, Is. 6d. cop : 3s.
4. 11. 10 J. ffee G ver 7s. rest 10.]

John Winthrop Esqr Governor of the Jurisdiccon of the
Mattachusetts bay in New England To the wor 11 my loving
Friend ct neighbor [William Bradford] Esqr Governor of the
Jurisdiccon of New Plymouth salutacons in the Lord <fcc. For
asmuch as blessed be the Lord God there hath bin & is and it
much conccrncth that ever there should be mutuall amity and
correspondance bctweene our severall Plantations and to the
end Justice may be cquall administred to the Kings subjects
w th us it will often come to passe that we shall have occasion
to write one unto the other touching justice to be done and
partyes to be righted in their causes as hath bin used hereto
fore according to w ch good custome I shalle request you that
you cause full & speedy iustice to be done betweene Joseph
Mcriam tt William Hatch in the cause herewith sent unto you
according as you shall find the merits of the said cause to
require And the like favour it iustice you for any of yo rs shall
upon occasion offred finde w th us And I likewise send you the
depositions of Robert Mcriam & Thomas Rucke taken before
my self c concerning the said cause. Thus I wish you right
heartily well to fare in the Lord & rest

Yo r loving freind

Jo W Gov r .
BOSTON 22. (G.) 1G39.

[ This letter was afterward crossed out."]

Edward Wood 1 for 1-U 5s. in hand assignes Thomas
Cooper sonnc of Henry Cooper of little Bowden in North ton

1 Kd\viU il Wood here mentioned may Buttels, and the Colonial Records Bow-

havc been the baker of C harlestown of tie) was allowed an inhabitant Nov.

the same name, with whom Lech ford 25, 1639, and had a house, though

had dealings, as we shall see later. Leon- where it was I cannot say [but see

ard Buttolph (or Buttal, Buttol, But- Su/. Deeds, i. 142]. He had later two

tol[h, Buttolfe, Buttle, for in all these limekilns on Captain Gibbons s ground

ways docs his name appear iu the Boston at Foxhill. What connection he had

Town Records, while Savage calls him with Thomas of the same name is not



laborer Apprentice to Leonard Buttolpe bricklayer of Boston
apparel double at the end & 5* for 6 yeares from midsummer
last past, dated 29. 6. 1639. [2*. Crf.]

L. Buttolpe bound by bill to E. Wood : for 71 to be pd. 10.
10. 11.39. dat ut supra. [IV.]

[113] Samuel Cole 1 of Boston in N. E. g. placeth John
Cole his grandchildc Apprentice to John Mylam of Boston
aforesaid Coop for 7 veares from 1? 1! 1G38 dat 5. 7. 1G39.
[2s. G<7.]

Thomas Ilamond 2 of Hingham pit Edmund Ilubbard [b ank]
clef, for trespasse in his Indian conic since planting time till
now to the value of f)0.s. in his corne ground at Jlingham.
[Is. Robt. Jones John Tucker <fc Isack Martin.]

Against David Phippcn for trespasse w th his hogs in the
same corne to the value of 40s. [H. I. I. M. Is.]

clear. Thomas Cooper I suppose to
have been the man who in 1641 re
moved to Springfield, and was killed by
the Indians in 1675.

1 Savage says that John Cole, the
son of Samuel, was born in England.
If Samuel had another son besides the
John noted in Savage, he must have
died early, as would seem from the
grandfather putting the boy to prentice
rather than the father. John Mylam,
the cooper, had a house on the north
shore of Town Cove, and a wharf in
front of it. Some difference of opinion
exited in regard to the spelling of
his name, as well as to that of Mr.

2 Thomas Hammond came to Hing
ham, was freeman 1637, and after
wards removed to AVatortown, and
again to Cambridge. Edmund Ilub
bard we have already noted. Of the
rest, David Phippen was freeman March
3, 1635 ; is mentioned in the Colonial
Records as defendant in a case which

was not tried. He removed to Boston,
and died, meantime, before 1650. Henry
Smith came over from England, and
was made freeman this very year. He
was an inhabitant of Hingham until
1641, when he removed to Rehoboth.
I think he may have been some relative
to the Henry Smith who was named
with Ludlow and others as having leave
to go to Connecticut. Thomas Under
wood while of Hingham was represent
ative twice, and once selectman. He
afterwards removed to Watertown. John
Folsom came over in the same ship with
Henry Smith the " Diligent," of Ips
wich from Old Hingham, in Norfolk.
He died at Exeter, where he had re
moved Dec. 27, 1681. William Spragne
came to Hingham in 1635, and lived
there most of his life, though he moved
to Marshfield and back again probably
before this time. Joseph Parke I have
not been able to find. Parke was by no
means an uncommon name, but I do not
discover any Joseph.


And against David Phippcn Joseph Parke Henry Smith
Thomas Underwood John Folsom & William Sprague for
their fences being downe & unrepaired whereby all the tres
passes have ben don upon the pit. to his dam : 3* [iidem Is.]

John Long 1 hath a peticion to the Governor <fcc for Mf
Whetcombs 2 land.

Showeth that wheras Simon Whetcombe Deceased had
right to certaine ground in New England that one Isaacke
Richmond did inclose for the use of the said Simon and the
frame & timber he provided for the building of an house there
and whereas Mary Whetcombe the late wife & executrix of
the last will & testament of the said Simon did give all the
right she had in the premises and intended all right of the
said Simons adventure unto one Thomas Brooke who made
his will nuncupative at sea & gave yo r petitioner all right in
the said lands & premises & dyed. Yo r pctioner humbly
prayeth that for as much as the said Simon Whetcombe had
some adventure in this Plantation that the said lands may
be conferred on yo r petitioner to whome the right in equity is
ducly come if they may be found if not that then some other
lands may be given this petitioner in lien thereof & of the said
adventure according to equity and yo r petitioner shall as his
duty is ever pray for yo r worpps health & prosperity & the
publique. [!#]

1 I cannot think that this is the man our knowledge of him is confined to the
who came with his father, Robert, in the few facts which we gather from the
" Defence" from London in 1635; for if Records" (Archccologia Americana, vol.
so he would be but ten years old. It is iii. p. li). I have nowhere found men-
hardly pertinent to the case to know that tion of the land granted to him. In a
John Long was, a year or two after this, letter from the Company in England to
fined for distemper in drinking (J/ss. Endicott (J/ass. Col.Rcc., i. 404) it says
Col. llec., i. 316). The name occurs later that Mr. Whitcomb recommends to the
in the Note-book in another matter. Company one Isack Rickman to receive

2 Simon Whitcomb is, however, bet- his diet and house-room at the charge
ter known. He was " an active member of the Company. I suppose this is the
of the Company at home," says Mr. man here called Isaac Richmond, of
Haven, " but did riot come to New Eng- whom otherwise I find no mention in
land. . . . We may conclude that ho Savage or elsewhere. Thomas Brooke
was a man of some substance, a respect- must have died at sea, since his will
able citizen, and a zealous Puritan ; but was considered valid.


Elizabeth Pole l Spinster agt John Treworthy gent 3. (7.)
1639. [ U]

A Certificate by the Governor that M* John Endicott is
alive. 3. (7.) 1030.

John \Vinthrop Esq r Governor of the Jurisdiccon of Matta-
chusctts bay in Nc\v England to all manner of persons whom
it may concerne greeting Kno\ve yee that John Budicott Estf
one of the Councill for the Jurisdiccon aforesaid is Blessed be
God at this present in full life & health w ch at the request of
the said John Endicott 1 have thought good to Certifye. In
testimony whereof I have hereunto subscribed my name &
caused the Common seale of our Colony to be affixed the third
day of September in the fifteenth yeare of the raigne of our
Sovcraignc Lord Charles now King of England A:c. Anno<] r
Dfii 1039. [2s.]

[114] Lydia Dastiii 2 wife of Josiah Dastin of Charles-
towne in Xew England aged about 20 yeares sworne saitli
upon lier oath that about a moneth since this deponent being
in the house of Mf Cradocke at Mistickc in a certaine roome
there at meate one Robert Panare offered violence to her A;
would have kissed her & offered to put his hands under her
coats A sayd he came of a woman A: knew what belonged to
a woman A: because her husband was not able to give her a
great belly he would help him or such most shamefull words
A; he caused her to cut her hand <fc her apron in striving with
him. And this depont saith that she refusing to commit this

1 Elizabeth Poole is well known as history of Josiah Dastin, or of his wife
being the founder of the town of Taun- Lydia, and still less about the incident
ton, which plantation she began in 1637, here referred to. The name is usually
as one finds in Winthrop (i. 252), who spelt Dustiu. In regard to Matthew
calls her "an ancient maid, one, Mrs. Cradock s house near the Mystic, the
Poole." She was at that time forty- ground was granted to him by the Cen-
eight years old, having been born in eral Court some years before this (Jfnss.
158!>. Her brother William accompanied Col. 7?., i. 141), although Cradoek was
her to Taunton, and lived some time not at that time, nor at any time, in
there, but returned afterwards to Dor- New England. See Brooks s Mcdford,
Chester, whence he had come. p. 40, and Drake s Landmarks of Mid-

2 Little is known from contemporary dieses, p. 137.



wickednessc he used some threatening words as well I will
be meet with you but if you will not do it for love you will
not for anything else, ami this offence being done late upon a
last day of the weekc a little before night this deponent went
presently purposing to make it knowne to goodman Knight
but he was at top of an house & could not conveniently come
downe at that time and her husband coining home late that
night she made it knowne to him the next evening after.

IN THE CORT AT BOSTON 3. (7.) 1639.

TIMOTHY HATHERLY, pit. ) . 7 / 7 T , i

[ in a plea of debt. 1

(The Defendt was charged to answer the [a few ivords in
cipher]) The pit saith that the defendt upon tlie first day of
August in the yeare of our Lord One thousand six hundred
thirty and six became hounden unto the pit in one writing
obligatory in these words <tc Notwithstanding the said defend
hath not payd the pit the summe of 1501 according to the
tenor of the sayde writing obligatory but refused and still
refuseth to pay the same to the pl ts dammage 1501 & thereupon
he brings his suit. [attach mt 2s. 6d.]

Idem rcsp d cundem.

The Pit complayneth against the defend 1 for that whereas
the pit heretofore that is to say in the moncth of [Wan] in the
yeare of our Lord [WH&] at the speciall instance & request
of the Defend 1 became bound with & for the Defend 1 unto one
[Muni-] Willis in one bond of [W/ifc] Conditioned for the pay
ment of the summe of nynety five pounds <fc fifteen si lil lings
at a day long since past. And whereas the said defend 1 did at
the sealing of the said bond in consideration thereof promise &
assume that he the Defend 1 would pay the said 951 & 15s. unto

1 This case between TIatherly and Company and their English eorrespon-

Allerton was doubtless something grow- dents, on which some light (though

ing out of their previous transactions but flickering) is thrown by Bradford s

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 19 of 47)