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 28 of 47)
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out of this Jurisdiction unto Pascattaquay & thence into Eng
land, that since about halfc a yea re agone the said [&W.-J
Stidsons wife maliciously intending to take away & Destroy
the good name of the said .lane hath reported that the said
Juno did o\ve unto the said Treble bever or money and sayd
that he had a letter to receive and that when he came to aske
his o \vnc meaning the said bever or money then she put that
Tricke upon him meaning the said accusation of Rape and
said she would have him before the Governor for it and
further that the said letter was to that pin-pose w ch was a
false it malicious slander cast upon the said Jane by the said

1 Mr. Deanc s note on Allerton snys : declaration or certificate in regard to an

"From some evidence ho would seem Indian gift of land with others, mostly

to have been a resident of New Am- Dutch, as " Isaaek Allerton, of Suffolk."

sterdam in 1G43 ; and in a document [See Dt ">;iciifs rc.I<ifig to flic Colonial

recorded in the Old Colony llccw- ls, IIi*tnri/ of A vr York, i. 140, 191,192,

bearing date 27th October, 1G4G, he G07, 599.] Allerton died in New Haven

styles himself as of New Amsterdam Feb. 12, 1058.

in the province of New Netherlands " 2 The names of Thomas Moulton and

(Bradford, p. 300, note}. In 1642 his William Stidson are known in connec-

naine is found among the " eight men " tion with other matters, but perhaps

of New Amsterdam, looking curiously this particular affair is not worth much

out of place among the strangely spelled inquiry. There is no trace of it in the

names of his Dutch friends. Later it Colonial Records or in Wintlirop.
is signed (at Fort Nassau, 1G51) to a



Stidsons wife to the great hurt of the good name oi Hie said
Jane A: much disquiet A; contention betwecnc the Pits, to the
damage of the Fits x l .

and d ul also deelare the same before many persons it
es}>ecially Mercy Baster James Browne & John Lawrence and
at a time when some Difference came bchvcene the said Jane
and the said Mercy Baster & the wife of the said Lawrence
ncare James Brownes house at Charlestowne Jane Moulton
meeting w th Will" 1 Stidsons wile ncere unto the house & in the
presence of James Browne of Cliarlestownc did askc the said
Stidsons wife what was the matter betweene John Treble and
her the said Jane the said Stidsons wife answered that that
was best knowne to God it her the said .Janes conscience the
said Jane replyed it secmes you knowe and therefore 1 pray
you tell how it was whereupon she sayd that the said Jane
did owe unto the said Treble bever or money and that they
had a letter to demand it of her and further that when the
said Treable came to askc his ownc then she put that tricke
upon him and sayd she would have him before the Governor
for attempting to ravish her and that the said letter was to
that purpose or words to that effect. Then the said James
Browne asked the said Stidsons wife how long time a gone that
was that that letter was sent she said seven ycare agone why
then sayd the said Browne was it not spoken of till now she
rcplyed because the said Jane was a member <t he the said
Klias was then none he thought she should be believed & not
lice nay that is not well sayd the sayd Browne for an honest
man that lives in the feare of God is to be believed as
soone as a member but where is the letter sayd he? the said
Stidsons wife answered that it was sent backc into England
who had the said letter she said Elias Mavcrieke then sayd
the said Browne But what doth this amount now how comes
it to passe that this is now spoken of said the said Browne I
doe not knowe savd the said Stidsons wife it is nothing to me.
And this Conference was about halfe a yeare since. [Is. (W.J

The humble petition of Thomas Moulton shcweth that
whereas heretofore the wor 11 Mlf Nowell did divers tymes put



LECHFOllirS M AX T SCRIPT NOTE-HOOK. 201

yo r peticoner off from having a warrant against Willm Stid-
son ct his wife for wrong done to yo r peticoncrs wife and bad
trespassed yo r peticoner in his medow "-round neare 100 pole
long w ch be complayed of to biin but bud no remedy the said
Mf Xowcll turning to other conference Yo r poore petitioner
was much grieved & in liis passion at a neighbours house sayd
some misbesecming words of injustice against AK Nowell lor
\v rh he bath since humbled himself to him k. craved forgive
ness & so doth now againe beseech yo r worshipps to forgive
him & to discharge your said peticoner of the recognizance
taken before M? Nowell bimselfe [153] <fc some other old
matter that came in upon this tor his apparancc at the Court
thereabout <t the rather because that the man that, heard the
said words hath given out x p that yo r peticoner shall be
whipt ct he is thereby so much terrify ed that he cannot w th
ehcereftilnesse goo about his busincsse or rest qnictt a suffi
cient punishment to him. And yo r peticoner shall according
to bis duty pray for yo r wor 1 3 [Is.]

Me Ricum Parker dc Boston in Nova Anglia mercatorem
tenor e. Thome Fowle 1 Armigero in 400 1 daf 25 Decembris
1089

Condiconod to pay 205 upon the lift of March w ch shall be
Anno Dmi 1040. [1.9. Cipher.]

This Indenture made the. seventh day of July Anno Dmi 1040.
Bvtweene GRIFFITH BOWKN of Boston, in New England
gent of the one parte And WILLIAM COLBRON of Boston
aforesaid gent and JACOB ELIOTT of the same planter of the
of her parte

Witnesscth that the said fUriQlth I owen (for in (Consid
eration that the said William Colbron and Jacob Elliott at

1 Thomas Fowlr, often mentioned He became involved in the complica-

in subsequent jntges of the Note-book, tions about D Aulnay and La Tour,

was a \vell-kno\vn merchant of H<>s- which we cannot IIOJM to nnravcl here,

ton. Savage says he canx^ over Ix-loi o and in certain religions controversies

in.)5. He was at any rate allowed to (Dr. Child; see U hi/h., ii. 201, 205,

le an inhal itant of Uoston in lOW. 321).



262 LECIIFORD S MANUSCRIPT NOTE-BOOK.

the special! instance and request of the said Griffith Bowen
together w th him and for him stand bounden unto Francis
Kingsmill Esqr Willm Arundell William Flemming and
George Waters merchants in one obligation or bond of the
snmmc of two hundred sixty and five pounds bearing date
the Day of the Date of these presents Condiconed for the pay
ment of the siunme of two hundred thirty & live pounds unto
them or any of them their or any of their Executors adminis
trators or assignes upon or before the first day of January
next ensuing the date of the said obligation) hath granted
bargained and assigned and by these presents doth grant bar-
gaine <fc assigne unto the said Willm Colbron and Jacob
Eliott all those twenty five head of cattell w ch were bought
by the said Griffith Bowen of George Luxson ffactor for the
said Obligees To have and to hold the said Cattell unto the
said Willm Colbron and Jacob Elliott their executors adminis
trators and assignes Provided allways that if the said Griffith
Bowen his heires executors administrators or assignes shall
well and truly pay or cause to be payd unto the said Francis
Kingsmill Willm Arundell Willm Fleming and George Waters
or any of them their or any of their executors administors or
assignes the said sumnie of two hundred thirty and five
pounds according to the tenor of the said Obligation or Con-
dicon thereof then this present grant bargaine & assignement
shall be voyd A of none effect or els it shall remainc <fc be
in full power strength As vertue. In witncsse whereof the
partyes abovesaid have hereunto interchangeably sett their
hands & scales the Day & yeare first abovewritten. [2-G r a
bushell of corne.]

1. \Vheras l M r Trcworthy bought a boate of scavcn tun or
thereabout of M Thomas Parches 1 alleadge that he under
stood how old the boate was and agreed to give 25t for it and
2. in the bargaine being made at Paseattaway at a house
called Nequickanamnickc then M r . 13 Masons I was to have the

1 I su]]osc that tliis is written by with John Treworthy about this same
Thomas Purchas, of Pagiseott, who, it boat that is mentioned by Lechfoid
may be remembered, luul some trouble (ante, }>. 84).



LECIIFORD S MAXTHCRi

boalo within 8 daycs to transports UK? home w th one man of
M r . Treworthys & then also \v th the boate to receive the
money.

8. The bargaine was made about the midst of July IGoG I
was forced to stay myself c & 3 men a moiicth at charges ex
pecting the boate to carry us home whereby .1 lost the labour
of my men for 5 weekes in the midst of hay harvest so that
my Cattell suffered much thereby besydes my losses otherwise.

4. I was put to charges of 4 J for our transportation home
at that tyino wheras we were to have had that boate to have
gone home in wthout that charge.

5. It appeareth that the money being 25 at first & the said
4 l <t my other charges for me & 8 men of 5 l in all 84 } hath
ben deteyned 4 y cares w ch might in way of merchandize have
benelittcd me in that tymc so much more so that I may
iustly say my dammage is G8 1 which I leave to yo r worthy
Consideration,

[154] I Thomas Dudley Esqr Governor of the Jurisdicon
of the Mattachusctts Bay in New England Doc hereby certify
unto all manner of persons whome it may conccrne that Ed-
wnrd Hall 1 late of the parish of Jlenborough in the County
of Glouccstei\carpcnter and now of Duxbury in New England
sonnc of Francis Hall late of Henborough aforesaid yeoman
Deceased as appeareth unto me by his ownc oath & the oath
of James Smith marriner is now at the making hereof in full
life and health. In testimony whereof at the request of the
said Edward Hall I have caused the Common Scale of our
Colony to be hereunto affixed the fifteenth day of July in the
sixteenth yeare of the Raigne of our Soveraignc Lorde Charles
now King of England cvc. Annoq* Dmi 1040. [2-G]

That Sarah Hubbard wife of Edmund Hubbard of Hingham
in New England sometime wife of John Lyford Clerke some
time Minister at Levclegkish neare Laughgaid in the County
of Ardmagh Deceased is alive c. [A writing of advise 6tZ.]

1 This is not the Edward Hall men- bury as early as 1636, .and later of
tioncd above ()>. 139) as servant of Mr. Bridge water, and then of Rehoboth.
llieluml Saltonstall. He: was of Dux-



204 LLC1IF01WS MAXUSCIilPT NOTE-BOOK.

BOSTON 15 Julii 1040.

Upon sight of this my first bill of exchange my second ct
third not being payd I pray you pay unto James Smith mar-
rincr or his assignes the summe of ten pounds & ten shillings
currant money of England w ch is for so much in Commodities
hecre received of him to the use of myselfe & my brother John
Hall late of llenborough in the County of Gloucester tayler
sonnes of Francis Hall late of the same yeoman Deceased.
I pray make good payment <fc charge it to the account of the
said John Hall as by advice. So 1 rest

Yo r loving Friend

EDWARD HALL.

To my very loving friends Ed\vard Stokes of Charlcton in
the parish of Hcnborongh aforesaid yeoman & John Taunton
late of Henborough aforesaid husbandman Executors of the
last will & Testament of the said Francis Hall or to either of
them.

The Commodities received 2 barrells of beife at 40 3

p peece 4l

Item ;J barrells of oatmeale at U 3 p bushell . . . . 31 15 8

Item two peices flanuing of 63 yardes at Sd .... 2 1

[2-G. 27 Julij. The ship called the Mary Rose about one
of the Clocke riding at Anchor before Charles Townc was
blown ii]) wherein among other marriners & seamen the said
James Smith.]

Me W m Bevan 1 dc Civitatc Bristoll mercatorcm tener
Thome Dudley Ar Gubcrnator de le Mattachusetts in Nova
Anglia in mille libris Dat 17 die Julii 1G Carol! 1040. [Is.]

The Condicon of this obligation is such that whereas the
aboveboundcn Willm Bcviu hath lately bought of Robert
Saltonstall gent Ccrtaine peeccs of Iron Ordinance that is to
say two Demy Culvcrins of the weight of three thousand one

1 The nnme Bovans is found in New but it is unlikely that this man was ever
England towards the end of the century ; in New England for any length of time.



LECIIFORD S MAXL SCttirr XOTE-llUOK. 2G5

liiindrod fifty six pounds a pooce for the |>n>prr use and ser
vice of him the said Willni IJrvin. If therefore tin; said Willm
IJevin shall not sell or putt oft the said peoees of Oniinanee
or cither of them to any [155] person or persons not being the
subject or subjects of our Soveraigne Lorde King Charles
then &c. [Is.]

Nos Johem Squire 1 dc Attamciiticus in Nova Anglia Pisca-
torcm NicluTm Squire de eadem piscatorcm <fc Sampson Anger
de eadem in Piscatorcm toner Thome Foule Ar in GO* dat 21
(">) 11)40.

Condition, That if the abovcboundcn John Squire Nicholas
Squire Sampson Anger or any of them their or any of their
hcires executors or administrators shall well and truly pay
and deliver imto the abovenamed Thomas Foule his executors
administrators or assigncs so much well-condiconed and mer
chantable dry codd fish at the rate of fourcteenc shillings the
Kentall or in default thereof so much money aboard such
vcssclls or shippcs at or neare the Isle of Sholcs or Pascat-
taway in New England before the first day of July next ensuing
the Date hereof as shall fully satisfy and countervayle all such
goods fe commodities as the said Thomas Foule his execu
tors administrators or assignes shall at any time or times
before the said first day of July upon request of the said John
Nicholas & Sampson or any of them their or any of their
executors administrators or assignes deliver unto them or any
of them at such prices and rates as they shall agree upon.
[Is. Gt7.]

Me Thoman Foule de Boston in Nova Anglia Ar tener e.
Join Squire Nicholas Squire el; Sampson Anger in 001 dat 21
July 1040.

That if the abovcbonndcn Thomas Foule his heires execu
tors administrators or assigncs or any of I hem shall from
time to time take and buy or cause lo be taken it bought

1 Of the Squires of Agamenticus I freeman 1652, and constable 1655. The

find no satisfactory mention. Sampson name is spelled Al^er more often, appar-

Anger, however, is noted in Savage as cntly, than either Anger or Auger,
on the grand jury at York in 1G49,



LECUl OliD ^ MANUSCRIPT NOTE-BOOK.

of tlic abovesaid John Nicholas & Sampson their execu
tors administrators or assignes such tt so much well-con-
diconed and merchantable dry codd fish as they or any of
them shall cure dresse and provide at the rate of i ourtcene
shillings the kentall A: receive the same into some vcssells or
shippcs at or neare the Isle of Sholcs or Pascattaway in New
England Ijefore the first day of July next ensuing the date
hereof either with tt for redy money or in Default thereof
goods tt commodities at the prices tt rates as they shall agree
upon. Then. [Is. Ot/.]

Samuel Freeman l of Watertowne in N. E. g. makes a letter
of Attorney to Andrew Walker Citizen tt tallow chandler of
London vers Willm Clcrke ttc.

Knowc all men by these presents that whereas Willm
Clcrke Cittizen and Skinner of London standetji bound unto
me Samuel Freeman now of Watertowne in New England ct
late of Mawlyn in the County of Kent gent in one bond or
obligation of eight hundred pounds Dated the second day of
November in the twelveth yeare of the Raigne of our Sove-
raigue Lord Charles by the grace of God King of England ttc
Annoij r Dili IGoO. Conditioned for a surrender of a certaine
coppihold Cottage or Tenement orchard and garden and two
acres <t halfe of land w th the appurtenances in Chcswicke in
the County of Midd to be made by the heire or heires of
Elizabeth Clcrke late wife of the said Willm Clerke unto
Robert Cogan of Chcswicke aforesaid Esqr in such manner
and form tt for saving harmlesse me the said Samuel and my
heires as in and by the Condition indorsed on the said bond
is expressed as more at large in tt by the said bond tt Condi-
con thereof it doth tt may appeare. Now Knowc yee that I
for divers good Causes and Considerations me thereunto
moveing have granted and assigned and by these presents
doe grant, tt assigne the said bond and all profitts advan
tages tt money thereby to be recovered nnto Andrew Walker
Cittizen tt Tallow chandler of London To have and to hold

1 Samuel Freeman, of Watertown, had home to Engbiul shortly after this, airl
probably come with Winthrop, but went there died, as it ib reported.



LECIIF01WS MAXUSCJUPT NOTE-HOOK. 207

receive it perceive the said bond profit ts advantage;; it money
thereby to bo recovered unto liiin [156J tlio said Andrew
Walker his hcires it Assignes. And further for Hint end &
purpose 1 doe hereby make ordeync constitute and in my
stead it place by these presents put and appoint the said
Andrew Walker my true and lawfull Attorney irrevocable
for me and in my name but to the proper use of the said
Andrew Walker his hcires and assignes to sue for recover
and receive of it from the said Willm Clerke his hcires execu
tors and administrator the said eight hundred pounds giving
and granting unto my said Attorney my full power and
Authority in execution of the premises for me and in my
name to arrest sue impleade imprison condemnc and out of
prison to deliver and plead proeessc it prosecutions for me
tt in my name to susteyno it maintcyne in any Cort or Oorts
and before what Judges or Magistrates soever and to compound
and agree and upon the Reeoverys and receipts in that bchalfc
acquittances or other sufficient Discharges for me and in my
name to make seale it deliver and if need be satisfaction
upon record to acknowledge and also the said bond or obliga
tion to Cancell & deliver up And Attorney or Attorneys one
or more under him to doc the premises to substitute and
revoke And further to doe say afiirmc procure it cause to he
done all it every other matter and thing whatsoever w ch in or
about the premises shall be requisite or needful in as large it
ample manner it forme as 1 might or could doc mysclfc if 1
were personally present Ratifying confirming it allowing all
it whatsoever mv said Attorney shall lawfully doc or cause
to be done in or about the execution of the premises or any
of them. In witncssc whereof I have hereunto put, my hand
<t seale the Twenty second day of July in the sixteenth
yeare of the Raigne of our Soveraigne Lord Charles by the
grace of God King of England Scotland France it Ireland
Defender of the Faith itc Annoq r Dili 1040. [o-4]

Francis Willoughby 1 of Charlestowne in N. E. merchant
& Nicholas Parker of Boston in N. E. g. to be bound to

1 Francis "\Villoughby had come to and was already well known. He was
New England two or three years before, representative in 1G42 and twice after-



LKCIIFORD S MANUSCRIPT NOTE-BOOK.

Captaino Timothy Thonihill in liifty pounds to be payd at
Mf Winthrop s house in B 1 Feb r next. A mortgage of
the Tobacco & a Counterbond.

Will in Hales Planter assures the tobacco to them for
security. [4s.]

I Thomas Dudley Esqr Governor of the Jurisdiction of the
Mattachusctts Bay in New England having seen these presents
signed scaled & delivered in my presence by the abovcsaid
Samucil Freeman to the use of the abovemcntioned Andrew
Walker doe hereby Certify the same to be the Act and deed
of the said Samuel Freeman. In testimony whereof At the
request of the said Samuell I have caused the Common scale
of our Colony to be hereunto affixed the twenty second da)
of July aforesaid.

Nos W m Cole de Wcymouth in N A planter & Jacobus
Smith dc N A prd p tenor Capitando T. T. in 30* dated 25
Julii 1G40 Condiconed to pay 151 G 3 1 Feb r px at Ml; Winthrops
house in Boston. [!.]

[157] Nos Edmun Hull de Boston in N A gen Will m John
son dc cadem plantator Ricm Cooke de eadem scissor et
Arthur" 1 Perry l de eadem scissor tenor <fcc Capitando T. T. in
401 dat 25 Julii 1G40. Condiconed to pay [blank] 1 1 Feb r px
at or in M? Winth house in Boston. [Is-]

A Case. A servant retcynes an Attorney in his Masters
name & w th his consent to sue It I) for money due to the
master for goods bought out of his shop by the said R I) in
w ch suit the Attorney expendes money & p r secutes w th effect.
So The suit is upon Record betwecne the said Master <t the

wards. Later he was chosen an assis- I take to have been a Virginia planter ;

t.int, anil in 1<565 was elected Deputy- he was not a New Englander. These

Governor, which ollioo he held until two men ran hardly he identified.

his death in 1(571. It may be a stretch James Smith, of Weymouth, is merely

of imagination to suppose Captain Tim- noted by Savage, but nothing more,
othy Thonihill to be Captain Thomas l For Puchard Cooko and Arthur

Thoriicll, a transient resident, thinks Perry, see ante, p. 59 and note.
Suvuge, who died 16GO. William Hales



7, EC II FORD S MANUSCRIPT NOTE-BOOK. 209

said Debtor <t for the goods of the said master and that by his
consent. The Question is although the servant did promise
io pay the Attorney all due fees <fc charges in case lie hath
not p <! the same, whether the Attorney may not recover the
said fees <t charges at his election of either the said master
or servant.

1 conceive this case to bo very clearc & that the master is
bound both in Law & equity to pay the Attorneys bill. Jo.
Winthrop 5. 25. 1040.

Now 1 can depose upon my oath that remaines due to me
for charges expended & for my due fees in the said suit 23 s 4 d
for w ch 1 have the hand <t promise of the servant to my
booke in England.

Mr Thomas Barnardiston against Mr Thomas Weston l in
an accon of debt for 031 14? [3s. 4J.]

Knowc all men by these presents that wheras by vcrtuc of
the within written Letter of Attorney I Thomas Lcchford one
of the Attorneys within named caused processc to be served
on the goods of the within mentioned Thomas Weston in the
name of the within written Thomas Barnardiston for the debt
within specifycd and afterwards by Direction of John Win-
throp l ]s(j r the said Thomas Weston ct 1 mysclfe on the
behaife of the said Thomas Barnardiston submitted the said
cause to the Arbitrcmcnt & Determination of Samuel Mav-
crickegont and Capt. Edward Cibones Arbitrators indifferently
chosen betwccne us whereupon the said Arbitrators upon
hearing and Consideration of the said Cause did in writing
under their hands award that the said Thomas Weston should
deliver unto me to the use of the said Thomas Barnardiston
soe much well conditioned merchantable leafe tobacco w th caskc
at G d the pound as will amount to the said principal! debt <fc

1 Thomas "Weston I suppose to bo other person of the namo is mentioned

the London merchant who was inter- in the curly history of New Englan 1.

ested in the planting of Weymouth in Thomas Barnardiston 1 know nothing

1(522. He is said to have died at Bris- of, and suppose from the fact that Lech-

to], 1 suppose at the storm of the town ford acts as attorney for him that lie

by Maurice and Rupert in 1613. No was at this time in England or Virginia.



270 LECHFORD S MA Xir SCRIPT XOTE-BOOK.

bill & that thereupon I should in the name of the said T B
release the said Thomas Weston of the said debt <v, bill there
of within mentioned. Now 1 the said Thomas Lechford doe
hereby acknowledge that I have received of the said Thomas
Weston the snmme of two thousand five hundred forty eight
pounds of well conditioned merchantable leafe tobacco at the
rate of ( ! the pound in full discharge of the said debt <fr bill
And therefore in performance of the said award and by vertue
of the said Letter of Attorney I the said Thomas Lcchford
doc hereby in the name it for and on the hchalfc of the said
Thomas Uarnardiston remise release and forever quitt claymc
unto the said Thomas Weston his hcircs executors and
administrators the said debt & bill and all <t all manner of
accons suits iudgments exemptions charges and demands
whatsoever that the said Thomas Barnarcliston his executors
or administrators have or may have against tho- said Thomas
Weston his hcircs executors or administrators by reason of
the said bill or debt. In witncsse etc. 5. 27. 1G40.

5. 27. 1040. Received by authority of Letters of advise of
from Thomas Lcchford one of the Attorneys in the above
written Coppie of a Letter of Attorney mentioned all the
tobacco in caskc w ch he recovered of & from ^[ r . Thomas
Weston at the suit of Thomas Barnardiston in the said Copy



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 28 of 47)