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 20 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 20 of 47)
Font size
QR-code for this ebook


with each other and with the Plymouth History.



LECHFORD S MAXUSCRIP7* FOTE-HOOK. 179

tlic said [&//?/] Willis according to the said l)ond <fe condicon
thereof and that lie would from time to time save & kccpe
harmlcssc the pit of & from the said bond cfe all accons &
repay unto the pit costs & damages that should come or be
brought upon or recovered against the Pit upon the said bond
or concerning the said debt when lie should [115] be there
unto required. And the Pit saith that indeed the defend 6 did
not pay the said 951 fc 15.9. im to the said [M/&] Willis accord
ing to the said bond & condition thereof whereby the said
[/;/rn</v-] W r illis hath by suit of law recovered against & received
of the pit the summe of 127 } for dammages & costs of suit
upon the said bond & for the said debt and the pit hath bin
put .to divers other troubles costs dammages thereabouts.
Notwithstanding the defend 1 hath not saved the pit hannles.se
of <fc from the said bond nor from [cipher] the said damages
& costs of 127* nor from the said other troubles costs &
dammages although he hath bin thereunto required but re
fused still doth refuse to doe the same to the pits damage
140* <fc thereupon he brings his suit. [Is. 8d.~]

John Treworthy gent agt Eliz. Pole in a plea of trespas
upon the case. M!i Deputy undertakes she shall answer this
accon at the Cort in March next. M Peters p d 101 of money
in his hands recovered in another accon by the defend 1 ag l the
pit is stayed by order of Court till the Court in March next
when the Pit is to proccede in his accon against the said
defend 1 . [1*.]

James Brocke at the suit of Joseph Bachellcr defendt in a
plea of trespas upon the case. The Defendt by T. L. his At
torney saith that by the law of the land he ought not to be
compelled nor is he any waves bound to answcrc unto the pit
in this Court because the pit hath not put in his dcclaracon in
writing to remaine upon Record And thereupon this Defendt
doth demurre in law & rcstes upon the Judgment of the said
Court whether he ought to be compelled to answcrc the Pit
otherwise in the said action.

[This entry crossed out. ]



180



LECIIFORD S MANUSCRIPT NOTE-BOOK.



Elisha Bridges rcleaseth Mary Fi slier widdow for 301 legacy
given by Thomas Fisher l the testator to John Blackston and
Sara iiis wife daughter of the said Thomas & payd by the said
Mary executrix of the said Thomas Fisher unto the said
Elisha Attorney for the said John Blackston <fc Sara his wife
dated 4. 7. 1G39. before Mr [Wa] Hawkins Ed : Michelson
& myselfe. [Is. Gd.~\

A Coppy of the said Bridges letter of Attorney. [Is. Gti]



A fine ct two deeds acknowledged & sealed by [Wawfc] John
son 2 & Jane his wife to [Wawfc] Rosseter gent of lands in the
County of Som st before Mf Jo: Winthrop Gov r & Mr John
Humfrey & myselfe 4. 7. 1639. [2. 6.]



1 It is difficult to "be sure of identi
fying this Thomas Fisher and Mary
his widow; but I think him the man
of that name who came from Win ton
in England to Cambridge in 1034, and
moved, says Savage, from there to Ded-
hain in 1037. Exactly when he died I
cannot say. The date here is two years
after his removal to Dedham, which
would afford him ample time. Some
while after, this Widow Fisher, whom
I suppose to be the Alary in tin; text,
of Dedham, had liberty given her by the
General Court to take the administra
tion of her husband s estate for the bene
fit of her children (.Ihtss. Col. lice., i.
292). This Alary Fisher we may rea
sonably believe to have been the widow
who joined the Boston Church in 1047,
and died 1053. "Great labor," says
Savage, " I have found to conciliate
these Fishers ; and some of it may seem
unsuecess." I think, however, this pas
sage in Lech ford supplies a link which
was wanting in Savage s train of reason
ing.

In regard to Elisha Pmdges and John
Blackstonc and Sara his wife, I regret



to say my researches -kave been less suc
cessful. The name of Elisha Bridges
does not occur in Savage ; Blackstone
may have been some relative to the
Rev. Win. Blaxton, who had a son
John.

It seems to me that this Johnson
is some relative of Davy Johnson, who
came over in 1030 in the " Alary and
John" with Edward Rossiter, a member
of the Company. They both settled in
Dorchester, and died there, Rossiter
in a year, and Johnson some years be
fore the date of this entry. Edward
Rossiter had a son of the same name
as himself, who had property in the
county of Somerset. I feel quite sure
that the Rossiter here alluded to is one
of the sons of Edward Rossiter. As for
the Johnson, I am more doubtful. All
my search in Savage has failed to find
any Johnson with wife Jane. Francis
Johnson of Salem, who came over in
the same year as Davy, had a wife Joan,
and he and his wife may be the ones
mentioned here. It could not be Davy
Johnson who is meant, for he died be
fore 1030.



LECHFORirS MANUSCRIPT NOTE-BOOK. 181

Daniel Clerk c l at the Kings suit for misdemeanor in
drinking. Witnesses John Wedgwood & Mary his wife, and
Anne Crossc she thought. [3. G.]

[116] To all Christian people to whome these presents shall
come we Christopher Batt 3 of [vw,-] in New England planter
and Anne Batt wife of the said Christopher send greeting in
our Lord (Jod everlasting Knowc } ee that whereas heretofore
there was a certaine wine license granted by course of law in
that Ivindc to me the said Anne it to Elizabeth Maddox the
wife of William Maddox & to Katherine Barriton to have &
to enjoy to me the said Anne & to them the said Elizabeth
it Katherine for and during the lives of me the said Anne it
of them the said Elizabeth it Katherinc as by the said wine
license it doth and may more at large appcare. Now wee the
said Christopher it Anne for divers good causes it considera
tions us thereunto moving have released surrended & con
firmed it by these presents doe remise release it confirm unto
the said Katherinc all our right title it interest in the said
wine license and all profits it commodities therein accruing
whatsoever To have hold it enioy all our said right title it-
interest and all & singular the premises w th the appurte-

1 Daniel Clarke, who is thus arrested trade; but, besides this, ho wns at times
at the King s suit, was tried at a quarter drill officer, commissioner for trying
court held in Boston Sept. 3, 1639, and small causes, and many times deputy,
found to be an immoderate drinker. He He came from the city of Salisbury, Eng-
wa.s fined 2, of which, says the Record, land, in 1638, being thirty-seven years
he paid 35. to the jury, and the rest to of age. He lived, as has been said, at
Increase Nowell, the secretary. Besides Salisbury, in New England, and removed
this, he does not appear again in court to Boston, where he was accidentally
for some time, nor, indeed, anywhere killed Aug. 10. IfiGl. Of the others I
else. I suppose him to be of Ipswich, can find no mention, and suppose that
As for John "\Vedgewood, the witness, he the whole transaction refers to affairs in
got small good for his trouble, for he England to which no successful illumi-
was condemned to be s>-t in the stocks nation can be applied. " Peter Thatcher
at Ipswich for being in the cnmpuny <>f clerke," called " our beloved brother,"
drunkards. He had served in the Pe- may have been the rector of Salisbury,
quot war, and had there been wounded. "Wilts, father of Ilev. Thomas, of "\Vey-

2 Christopher Batt, of Colchester, mouth, or brother of Rev. Thomas (and
afterwards Salisbury, was a prominent son of Eev. Peter).

man in his town. He was a tanner by



182 LECIIFORD S MANUSCRIPT NOTE-BOOK.

nances unto the said Kathcrinc and her assigns for ever.
And we grant unto the said ivat. that we will at any time
hereafter within the space of live yeares next ensuing make
any further reasonable assurance of the premises unto the
said Kathcrin at her costs & charges as she shall require by
advice of Counsell learned in the law so that for the making
thereof we be not compelled to travel above the space of tenn
miles from our dwelling place. In witnesse &c. [2*. u t/.]

And we hereby give full power & lawfull Authority unto
our beloved brother Peter Thatcher, clerke, for us & in our
names generally to doe all & every other act & acts requisite
for the firmc conveyance of our said right title & interest in the
premises unto the said Katherinc & her assigns accordingly
as fully & effectually as if we ourselves were personally
present. In Witt :

[117] To the lion 11 ? the Governor, Council and Assistants of
this Jurisdiction and to the General Court thereof assembled
10-7-1039.

The humble supplication or petition of THOMAS LECH FORD [late
of Clements Inn in the county of Middlesex Gent, crossed
out on revision].

Truly showing and acknowledging that he did offend in
speaking to the Jury without leave, in the cause of William
Cole and his wife ; and so much the more inexcusable was
this delinquent inasmuch as he knew it was not to be done by
the law of England. Yet he conceived it was not Embracery,
for that he had no reward so to doe ; and some extenuation
may, he conceiveth, be gathered by one or two seeming appro
bations of the like which he hath observed in other Causes
here. Notwithstanding, he is heartily sorry for his offence,
and acknowledge!!! the justice of this Court, and is comforted
in this that he hopeth it may doe him good and the example
be a benefit to the publick. Touching his speaking in publick
for future time, he submitteth to the wisdom of the Court ;
and for that which is past, he came to the Court being retained,
and it s true stood there at the lower end, next the deputy



LECHFORD S MANUSCRIPT NOTE-BOOK. 183

Marshal, attending unto a cause or two wherein your peti
tioner was retained. It was to show his readiness to do the
Country any service he might, as well as to get a little money
for himself. Some speeches of his, specially some involuntary
and of sudden [interruptions?] of some [in authentic?] being
made, whereof some might he occasioned by themselves [being
too tartly, as he concciveth, rebuked and hindered by some of
the Court] and zeal of speaking for his matters, may seem to
offend such as have not been accustomed much to publique
pleadings of advocates. Such [passion ?] of his and involun
tary offences he humbly prayeth may bo passed by : and such
occasions of publique pleadings your supplicant will readily
forbear, as not being sullicient or inclinable by nature there
unto. And he hopeth that this Court and Country may upon
trial of this petitioner in some other [use] find him, as in many
things [ignorant] so teachable and tractable. In the mean
while, if your petitioner hath any the least talent to doe you any
service in any way of profitting himself [for his] livelihood,
he desireth it. lie is heartily ready, and humbly prayeth the
same, in regard of his low and poor estate, not unknown to
some of your Worships: Unfeigncdly desiring both to live
and die with you in the way of (J oil s ordinances, wherein your
petitioner hof>eth in some good time or other some of the rev
erend Elders and himself may come to a perfect or at least a
fair understanding of each other, which that we may do is the
unfeigned daily prayer of your unworthy petitioner.

THOMAS LECIIFORD.



The humble peticon of ISAACKE MORRELL THOMAS CARTER 1
blacksmithes in the behalf e of themselves $ the rest of the
blacksmithes ivithin this Colony.

Shewing & informing this Court that whereas heretofore
Coles have bin in this Country sold them for 30*. a chaldron

1 Isaac Morrell and Thomas Carter behalf of blacksmiths ; wln-nce I judge
both appear in the Colonial Records, but that it was not granted. In an entry
neither in connection with a petition in Sept. 27, 1642, the Record says : "The



184



LECHFORD S MANUSCRIPT NOTE-BOOK.



now of late they arc ray sod to 41 lacking but 2s. chaldron, and
moreover that they are forced speedily to buy them at that
great price or els they can not be gotten for money but are
bought up & sent away into other parts of this Continent,
and yo r peticoners conceive that unlessc some speedy remedy
be i ound out to help & prevent these mischeifes their trade
will be much hurt and the commonwealth deeply prejudiced.

Therefore yo r peticoners in this case humbly crave the Ad
vice & help of this Court & shall dayly as their duty is pray
for yo r health & prosperity & the publicke.

Will" 1 Edwards bound in 5* to said Mr John Stone l of
Hertford one servant within 12. monetli dat 10. 7. 1639. coram
Nath. Micklethwaite & meipse. [Is.]

To all Christian people to wliome these presents shall come
Wee Thomas May hew 2 of Watertowne in New England



Governor, Mr. Dudley, Mr. Bellinghara,
and Incr. Nowell are desired to consider
of Goodman Morrel s petition." But no
further mention being made of it, I sup
pose that this also remained ungnuited.
Carter is noted in Wyman (p. 186) as a
blacksmith. Morrill was born, it was
said, in 1588, came in 1G32 in the
" Lion," and lived in Roxbury. He had
a wife and several children, and died
Dec. 20, 1661.

1 John Stone had been of Hartford,
but shortly after this, if not even be
fore, removed to Guilford. William Kd-
wards was freeman at Hartford in 1658,
although he had been there since 1639.

2 Thomas Mayhew was at this time of
Watertown, but afterwards, about 1647,
together with his son, removed to
Martha s Vineyard, where they had
charge of the church there gathered.
He came to New England before 1632,
having with him his wife Jane and a son,
Thomas Mayhew, Jr., the son of a former
wife, at that time ten or eleven years
old. Thomas Mayhew died in the Vine



yard 1681. His son, Thomas Mayhew,
Jr., \vus lost at sea in 1657, at the age
of thirty-seven. This passage should
correct some confusion in Savage s ac
count of the Mayhews, father and son.
Mr. Savage would make the wife of
Thomas Mayhew the elder to be Grace,
the widow of Thomas Paine. Jane
Paine, he thinks (perhaps a daughter of
Grace), was the wife of Thomas Mayhew,
Jr. " Nor," he goes on, " do I believe that
it was the son who was, in 1647, chosen
by Tl 1 )inas Paine, then fifteen years old,
as witli his wife Grace, guardians for him."
This becomes now much clearer. If we
can trust Lech ford, we must believe, iirst,
that the widow of Thomas Paine was
not Grace, but Jane; second, that Thomas
Mayhew Jr. s wife, whatever her name
may have been, was not the Jane Paine
here spoken of ; and, lastly, that whom
ever Thomas Paine chose in 1647 at
fifteen years of age, he did choose, eight
years before, his father-in-law, Thomas
Mayhew, and his mother, Jane Paine
Mayhew, to be his guardians.



IID S MANUSCRIPT NOTE-BOOK. 185

merchant and Jane Mayhew wife of the said Thomas Mayhcw
sometimes wife of Thomas Payne late of London merchant
guardians it tuitors of Thomas Payne an infant of the age of
seaven yeares or thereabouts sonne of the said Thomas Pavne
and Jane Mayhcw send greeting in our Lord (Jod everlasting
Knowc yee that we for divers causes it considerations us
thereunto moving Doc herein constitute ordeyne it appoint it
in our place put our wellbeloved ffriends Ilichard Pavne of
Abingdon in the County of Berks gent John Shepard of
Totnester it Edward Barker of Yarnbrook in the Count v
of North 10 " gent and John Cooke of Wanting [ /r^/^///-] in
the said County of Berks yeoman, our true it lawfull Attor
neys and Procurators jointly or severally for us it in our
names and in the name of the said Thomas Payne the sonne
lawfully to enter on it to make a lease or leases of all or any
the [118] lands and tenements whatsoever of the said Thomas
Payne the sonne situate lying it being in Whittlebury in the
County of Northampton lawfully descended unto him from his
ancestors or any of them for any terme of yeares not exceeding
the number of seaven yeares from the time of making of such
lease or leases and so as no such lease or leases be made in
reversion but the same to be made only in possession and
under what rent it rents and upon what covenant or conditions
our said Attorneys it Procurators or any of them shall see
fitting And also from time to time to discharge place it dis
place lawfully all it singularo the tenants that now be or here
after shall be of any the said lands or tenements and from
time to time to take it receive to the use of ns it the said
Thomas Payne the sonne or our assignes all rents issues it
prolitts of the said lands it tenements w " h now are due or w ch
at anytime hereafter shall growe or be due to the said Thomas
Payne the sonne or to us for him out of the premises. And
further to sue for receive it recover the rents issues it profiitts
of the said lands <t tenements and all childs brothers or
nephcwes porcons or parts due or that shall be due unto the
said Thomas Payne the sonne of it from any person or per
sons whatsoever lyable to pay it render the same to the use of
the said Thomas Payne & of us it our assignes for him And



186 LKCIIFORD S MANUSCRIPT NOTE-BOOK.

generally to doc render perform all & every such lawfull act
& acts thing & things touching the premises for and in the
names of us & the said Thomas Payne as we shall by any letter
or writing under our hand <fc warrant appoint or allow to be
done executed or performed as amply & fully as we in our
ownc proper persons may or might doe Hereby ratifying &
confirming all & every thing whatsoever our sayd Attorneys
and Procurators or any of them shall lawfully doe concerning
the premises. In Witnesse &c dat 18. 7. 1039. Coram :

And I John Winthrop Esq r Governor of the Jurisdicon of
the Mattachusctts Bay in New England doe hereby Certify that
the abovesayd Thomas Payne the sonne did upon the day &
yeare abovcsaid appeare before me w th the abovcsaid Thomas
Mayhew & Jane his wife & did then elect & choose them to
be his guardians & tuitors whereupon the said Thomas May-
hew & Jane his wife sealed & delivered as their.act & deed the
abovewritten letter of Attorney to the use of the abovenamed
Attorneys & Procurators in my presence In testimony where
of I have at the request of the said Thomas Mayhew & Jane
his wife caused the Common scale of our Colony to be here
unto affixed the day & yeare abovesaid. [3s.]

Payd M!" Samuel Hutchinson in part of house vent 13s. 4d.
[16. 7. 1639.]

Payd Mr Micklctliwaytc in part of house rent & making of
the writingc to Mr Richard Hutchinson 8 4.

[119] John Rogers 1 of Dedham in New England makes a
letter of Attorney to Arthur Draper & Daniell Rogers to
receive 36* of Thomas Rogers dated 17. 7. 1639. [2*. (M.]

Elizabeth Clover 2 of Cambridge in New England widdowe
for 241 10s. sells to John Newgate of Boston Feltmaker all that

1 The number of John Itogerses to be be the men here mentioned, I imagine

found in Savage is so large, and they are that they remained in England. Arthur

so confused, th.it I have been unable to Draper, for the same reason, I should

fix this one by the slight hold that we imagine to be an Englishman,
have on him. From the fact that no 2 Mrs. Elizabeth Glover was the widow

Thomas and no Daniel there noted, could of the Ilev. Josse Glover, of Sutton, in



Li-ciironirs M.\M;s< nii>T xorv-nooK. 187

parcell of land conteyning forty nyno acres or thereabouts
lying neare Rumiiey marsh in Ne\v England abutting upon
the sea towards the east upon the highway leading to the
Lotts of divers men towards the west on the lands of Rich
ard Tnthill on the north and the lands of Samuel Cole on
the souih, heretofore assigned by the Common consent
of the Townesmcn of L. aforesaid to Ml; Joas Clover late
husband of the said Elizabeth to him & his heircs for ever.



BOSTON IN Xi:w ENGLAND 2;> Soplembris 1030.

Att three score and ten days after sight of this my first bill
of exchange my second and third not being payd 1 pray pay
unto Mr Richard llutchinson of London linnen draper dwelling
at the signe of the Angell & Starre in Chcapside or his assigncs
the summe of sixty pounds of currant money of England for
soe much here received of S r geant Thomas Savage of Boston
aforesaid I pray make good payment & place it to account
according to advice.

THOMAS ALLEN. 1



To my loving friend My Roger Delbridgc merchant at his
house in Barnstable in the County of Devon. [Is.]

Borrowed of My George Story 2 - 5.?. [21. -7.]

Surrey, who died on the passage to New likely that this was the Rev. Thomas

England. Mr. Glover, it is said, had Allen, of Cambridge, the friend of John

made contract with one Stephen Day to Harvard, though there is small ground

come to America and set up a printing- for any decision among the three or four

press at Cambridge. Accordingly we Thomas Aliens mentioned by Savage.

see in Winthrop (i. 289) that Day on his 2 George Story, who is mentioned

arrival set up the press, although Mr. once or twice after this in the Note-

Glover had died. Mrs. Glover subse- book, I suppose to have been the one

quently married Henry Dunster, after- who assisted Mrs. Sherman i her suit

wards tho first president of Harvard Col- against Captain Keayne two or three years

lege (S/i.VKtjr,). Mrs. Glover is frequently after this. For the whole of the story

alluded to in the succeeding pages of the about the pig, see Winthrop (ii. G9, 11G).

Note-book. As for the land at liumney No more is known of him, however,

Marsh, see post, p. 141. than this, unless, says Savage, he were

1 Thomas Allen. I think it most in 1C43 ot Maine.



188



LECIIFORD S MANUSCRIPT NOTE-BOOK.



Mr Vincent Potter 1 tunics over Willin Browne to Thomas
Jove 2 of 1) Carpenter for such time as he was to serve Mi" Pot
ter to wit 9 yea res from the day of his arivall heere w ch was the
2:2th day of June last : for w ch he is to pay 101 at receipt of the
boy A: lUl 10 Muii px A: Mr Potter to pay the money coven
anted w lh the boy. [:>. U</.]

John Wiekes 3 of Aqucdnccke in New England planter to
pay to William Withington 4 31i "20 dayes after sight.

BOSTON IN NEW ENGLAND, 21 Sept. 1639.

Att twenty daycs after sight of this my first bill of exchange
my second & third not being payd 1 pray pay unto William



1 Vincent Potter was in Now Eng
land for only a short time. He came
over in 1635, being twenty-one years
old. For a year or two hi; was a soldier
at the castle, luit went hack to England
1639 (see ante, 60, 65). As for Wil
liam Browne, he may he the same who
was admonished (Mass. C\>L lice., i. 315)
not to use such base speeches as he had
on one occasion been guilty of. Other
wise, I fear we know him not, unless,
indeed, he be one among the thirteen
"William Brownes to be found in Sav
age.

- Thomas Joy is, I am happy to say,
by no means such an unknown quantity.
He was a house-carpenter, who was at
this time only two or three years in the
town. He married Joan, the daughter
of John Gallop, and lived in a house on
the north shore of the Town Cove (Book
of Posficssitms, K. 20, p. 127), some few
lots to the east of his father-in-law. He
removed, however, to Hingham about
1G47, and lived there until his death in
1678. As late, however, as 1660 there
is a reference in the Town Records to the
accounts of Thomas Joy and partner for
building the town-house and staircases.
Who the partner was I cannot say. It
may have been William Browne.



8 John Wiekes had before this lived
at Plymouth, where he is said first to
have met Samuel Gorton, with whom he
subsequently became involved. He ori
ginally came from Staines, in Middlesex,
where he had been a tanner ; and leaving
his brother Thomas, he went to New Eng
land with his wife and an infant daugh
ter. At Portsmouth, where he lived,
he seems to have had relations with the
Hutchinsons, who remained there after
Coddington and his friends had with
drawn to Newport. In 1643, however,
Wickcs moved across the bay to what
is now Warwick, where Gorton and his
company had settled. When the Gor-
tonists were brought to Boston, Wiekes
was one of them, and, with six others,
was condemned to confinement with hard
labor and irons. Wiekes was confined
at Ipswich, Gorton at Charlcstown, and
the rest at other towns. I .should im
agine that he was released shortly, how
ever, for in 1647 he was a town magistrate.



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 20 of 47)