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 3 of 47)
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Honorable Artillery." He perhaps owed his election to his
intimacy with Thomas Savage, one of the original members
of this company, and to the friendship of the captain, Robert

Among those with whom Lechford appears to have been
on very friendly terms was George Story, " a young merchant
of London," as Winthrop calls him, who lodged in the house
of Richard Sherman, and who was the chief instigator of the
proceedings against Captain Kcaync in the famous " sow
case." For six or seven years from its commencement in
1636, this " great business upon a very small occasion "

1 Mass. Col. Rec. t i. 310. 2 Plain Dealing, p. 77.


divided the people of Boston into factions, disturbed the
peace of the churches, had an influence in elections, awak
ened a " democratical spirit " throughout the colony, and at
last (in 1643) came near bringing about a radical change in
the constitution of the General Court, by depriving the magis
trates of the exercise of a negative voice on the action of the
house of deputies. 1

In 1641 the quarrel had not yet reached its height, but it
had already assumed formidable proportions. That Lechford
should become implicated in it was inevitable. The only
attorney in Boston, and the common friend of Story and of
Keayne, he received the confidences of both parties, tried his
hand at peacemaking, gave advice to both, and of course
offended both; besides exposing himself to the suspicion of
wrong-dealing. The trouble which this affair occasioned him
may have contributed to hasten his return to England. About
a week before he sailed from Boston, he drew up a statement
of his connection with the case, for the purpose of clearing
himself of " divers imputations " of having promoted litiga
tion by advice which, " in the simplicity of his heart," he had
given to Mr. Story and Goody Sherman. This paper is dated
July 24, 1641. In the first draft in the Note book he had
written : " Being purposed some time at least to visit iny
native ; " but drew his pen through the unfinished sen
tence, and interlined in its place : " Now being purposed, God
willing, to visit my friends in England." In another para
graph, alluding to a conversation which he had with Story,
"one Lord s day when the Sacrament was at Boston," he
fixes the time by adding, " being the next day as I remember
after the newes that it was sup2)osed Mr. Prynne had sent me
money for my passage."

Mr. Cotton says that Lechford, " when he saw he could not
defend the Error [that the Apostolick function was not yet
ceased] but by building again the Bishops, against whom he
had witnessed (as he said) in soliciting the cause of Mr.
Prynne, he rather then he would revoke his present tenent,

1 See Winthrop, ii. 69-71, 115-119.


acknowledged be was then in an Error when he took part with
Mr . Prynne and Mr. Burton, and therefore he would now return
to Enyltnd again, to reduce these famous witnesses from the
Error of their way. And accordingly, away he went." *

On the same day on which he wrote the statement above
mentioned, Lechford made a letter of attorney to Thomas
Savage to receive all moneys due him in New England, and all
letters which should be sent to him, " and the same letters to
peruse and send and return them and the said moneys and
debts to him in money or goods and commodities," etc. 2

The last entry in the Note-book before leaving Boston was
made on or after July 29. It is a memorandum of his obli
gation by bond (in which Mr. David Odley was his surety)
to Mr. Joshua Hewes of Roxbury, to pay 8 to " Mr. Joshua
Footc at the Cocke in Grace church Streete," before Christ
mas, on a bill or note dated July 27.

On the opposite page are two unimportant entries of pay
ments of money in England in the discharge of commissions
intrusted to him before sailing. At the head of this page is
the date, " Post Mich[aelmas], 17 Car. 1641."

The vessel in which he took passage from Boston sailed on
the third of August. We learn from Winthrop (ii. 31) that
among her forty passengers were John Winthrop, Jr., Hugh
Peters, Thomas Welde, and William Hibbins, who, "finding
no ship which w r as to return right for England, they went to
Newfoundland, intending to get a passage fr^m thence in the
fishing fleet. . . . They arrived there in 14 days, but could
not go altogether, so were forced to divide themselves, and go
from several parts of the island, as they could get shipping."
Lechford mentions having ; < touched, coining homeward," at
Newfoundland. 3 On the 16th of November he was once more
an inmate of Clement s Inn, and had " returned humbly to the
Church of England." 4

1 Way of Conrjr. Churches cleared, 8 Plain Dealing, p. 46.
pt. i. p. 71. * Plain Dealing, p. 68.

2 See post, p. 231



Boston in New England 27. 4. the day of my landing, 1G38.

John Jolliffc 1 and William Chescbrough 2 made a grant of
the house & lot next M? Cottons in nature of a mortgage
for 451 to 4 Yorkshire men and their heires. [Is. Jolliffe &
Chesebrough &c.]

1 John Jolliffe, or Joyliffe, is noted
by Savage as of Boston, 1656, freeman,
1673 ; many years a selectman ; one of
the Patriots of 1689 who put Andros in
prison ; town -recorder in 1691 ; made
by Increase Mather one of the council
in the charter of "William and Mary ;
died 23 Nov. 1702. (Savage is here in
error. He died in 1701.) In the letters
of Matthew Cradock to Winthrop (4
Mass. HiNt. Coll., vi. 118 et scqq.) is
found frequent mention of John Jolliffe,
agent for Cradock in New England.
This must be the man noted in the text.
Whether it is the same one who is found
in Savage is doubtful. If he were Cra-
dock s agent in 1636, he must have been
near ninety at the time of his death.
Looking along in Sewall s Diary (5 Mass.
Ilist. Coll., v. and vi.) we find with other
notice that in 1789 Joylifle, then on the
Bench, was old enough to be Sewall s
father. Sewall was then thirty-seven.
In 1692 JoylifTe resigned the Recorder-
ship on account of blindness, and in 1701
he died, having "been blind, and having

laboured under many Infirmities for a
long time." These notices would seem
to show that he might have been born
as early as 1610, which would make him
twenty-six at the time of his employ
ment by Cradock, if he were that agent.
There is, therefore, some doubt as to the

2 William Chesebrough was about
removing from Boston, or perhaps
had already removed to Mount Wollas-
ton (Braintree, now Quincy). A few
years afterwards he again removed to
llehoboth ; and thence, before 1649,
to the Pequot country, where he was
the first permanent settler in the terri
tory now constituting the township of
Stonington, Conn, (Trumbull, i. 234).

The " 4 Yorkshire men" were prob
ably of the company of the Rev. Ezekiel
Rogers, " who came over with him this
summer" from Rowley, in Yorkshire
(IVinth., i. 278) ; and may have been
fellow-passengers with Lechford.

The next year (Oct. 7, 1639) Thomas
Barker, John Johnson, Francis Lam-


An arbitration or award was made betweene MrWaltha 1 of
Weymouth in N. E. and Captaine Desallcnoba concerning the
mill, <fcc. [2s. (jd. Desallcnoba & Waltham.]

An Assigncmcnt of ccrtainc Tenements in New Windsoro
in Com. Berks in Anfglia] was made by [Man/.-] and bis
wife unto John Tinker, 2 with a declaration that it is in
trust to sell the same for the said [Wawfc] and his wife.
[3. Tinker.]

I writt two manuscripts for Mr Davenportc 3 one in answere
to MX Bernard about the Church Covenant <fcc. the other an
answere to MX Ball about the Comon prayer booke in E.
[11 6s. Qd. M r Davenport.]

t>ert, and John Pumlerson, the four
mortgagees, as is hardly doubtful,
joined with William Chcsebrough in a
conveyance of this house and lot to Ser
jeant Thomas Savage, as a subsequent
page of Lechford s Note-book will show.
Thomas Barker removed to Rowley,
where he died, 1650 ; and his widow
became the third wife of Air. Rogers.
Francis Lambert also followed Air. Ro
gers to Rowley. John Punderson and
John Johnson had removed to New Ha
ven before the date of the conveyance
of 1639, where the former was chosen
one of the seven pillars, at the first
church gathering, August, 1639. [T.]
1 Henry Waltham, merchant ; repre
sentative from Weymouth in 1636. He
was a partner with Thomas Richards in
the mill at Weymouth. Later reference
is made to him, pp. 178, 195, 207, post.
See also J/rtss. lleconli, i. 267, 313. Sel-
lanova, or De Sallenoba (or Srilla Nova,
as Governor Winthrop once wrote it, in
1636), who was an engineer, had per
haps been employed in the construction
of the mill or dam. [T.] He is men
tioned in the JAm. Records as being sent
for in a proposed expedition against the
French at Penobscot (i. 160).

2 John Tinker, at this time of Bos
ton, was about making a voyage to Eng
land. He returned before Alarch, 1643,
and was, successively, of Windsor, Bos
ton, Lancaster, and New London. He
was a representative from the last-named
town in 1660 and 1661, ami appointed
an assistant, or magistrate, there. He
died in October, 1662. See later in the
Note-book, p. 189, post. [T.]

3 John Davenport, the first minister
of New Haven ; bora at Coventry,
England, 1598, died 1670, in Boston,
where he succeeded John Wilson in the
ministry of the First Church. He first
arrived in Boston with Hopkins and
Eaton, June 26, 1637, and remained
there until Alarch 30, 1638, when he
sailed for Quinpiack. It would appeal-
that he had left his AISS. in Boston, to
be forwarded to England. Winthrop,
under October, 1638, writes: "About
two years since one Air. [Richard] Ber
nard, a minister at Batcomb, in Somer
setshire, in England, sent over two books
in writing, one to the magistrates, and
the other to the elders, wherein he laid
down arguments against the manner of
our gathering our churches, etc., which
the elders could not answer till this


I writt a pcticon for the Country to the Lords Comis-
sioners for forraine plantacons, ahout the Patent, and a
letter to the Clerke of the Councell. 1 [5s. M r GovnoT] 2

Articles of agreement of factorage bctwccnc Tliomas Thorn
ton 3 and John Tinker, 17.8 [1638]. [2s. Gd. Thornton,

Divers writings for M* Humfrey 4 to M^ Will m Bollingham, 6
about 100* borrowed & cattle ingaged for it. [2s. 6d. Mr
Humfrey & Mr Bcllingham.]

time, by reason of the many troubles
about Mrs, Hutchinson s opinions, etc.
Mr. Cotton also answered another book
sent over in defence of set form of
prayer. This I suppose was Mr. Ball s
book" (IVinth,.! i. 275).

Mr. Cotton s Modest and deer Answer
to Mr. Ball s Discourse of Set Formes
of Prayer was published in London in
1642 (4to, 49 pp.). In a note to the
Reply to the Answers to the Nine Posi
tions (London, 1643, p. 7), Mr. Ball
mentions " having received that answer
before the publishing of his own Trea
tise." From Lechford s note it would
appear that Mr. Davenport also wrote
in reply to Ball. The other manuscript
transcribed by Lechford was doubtless
An Apologic of tlic Elders of the several
Churches in New England for Church
Covenant, sent over in answer to Master
Bernard in the year 1639 ; with An
Answer to Nine Positions about Church
Government, first published in England
in 1641, and reprinted in 1643, with
Richard Mather s Answer to Thirty-two
Questions, etc. Mr. Ball wrote a Reply
to the Ansircrx to the Nine Position*!
which was printed in 1643, A Letter of
Many Ministers in old England, Re
questing the judgement of their Rever
end Brethren in New England concern
ing Nine Positions, Written Anno Dom.

1637. Togctlur with their Answer there
unto returned, Anno 1639. And the
Reply made unto the said Answer, and
sent over unto them, Anno 1640 (-London,
4to, pp. 12, 90). [T.]

1 Mr. Thomas Meautis, or, as Gov
ernor Winthrop wrote the name, Mewtis
(see Winth., i. 274 ; Hulbard, pp. 268-
2/a [T.]

2 John Winthrop, Sr.

8 Of Dorchester, 1634 ; removed to
Windsor, Conn. [T.]

4 John Humfrey, one of the six grant
ees of the Massachusetts Patent. He
was allied by marriage to the family of
the Earl of Lincoln, having married
Susan, daughter of Thomas, Earl of Lin
coln, and sister of Lady Arbella John
son and of Bridget, Countess of Lincoln.
He had been treasurer of the Fishing
Company at Dorchester in England.
He was chosen Deputy-Governor of the
Massachusetts Colony in 1629 while
still in England, but did not leave for
this country until 1632. He lost much
of his property, however, and suffered
other ill-fortune, and left the country
for England in 1041.

6 William Bcllingham, of Rowley,
was the brother of Richard Bellingham.
He was freeman in 1640, and died in


A writing of advice to M^ Strange l about his search in
E[ngland] for his wife s lands. 18.8. [Is. Qd. Mr Strange.]

A Release by M* Swimmer to M* Humfrcy and another
by M 1 : Ilumfrey to M r Swimmer. [2s. Qd. Mr Humfrey &

A sliorte Lease made by Augustin Clement of Dorchester in
N. E. planter, of One messuage or Tenement w th one orchard
& one garden thereto belonging lying in Wockingham in the
County of Berks in E. late in the tenure or occupation of
Margaret Mathew, unto Willm. Salter 2 of Boston in N. E.
ffisherman, for 30 dayes, dated 11.8. [8df. Clement, Salter.
Witnesses Tho : Leveritt, 3 Tho : Marshfield, Tho : Lechford.]

Tho said Augustin Clement <fe Elizabeth his wife granted
the premises by Indenture unto John Tinker of Boston in
new E. planter, to have & to hold to him the said John and
his heircs &, assi~ for ever. With Attornm* by the said
Willm Salter. 18.8. [3s. U. Clement & ux. Tinker, iidem
testes. norint attornamt sur dorss. del fait.] 4

Me Augustin Clement <fec. tener John Tinker in 80 1 dat.
18.8. conditioned to keepe Coven in the said Indentures
expressed. [Is. Od. Clement Tinker, iidem testes.]

[Lent to Mr Williams, 5 18.8, my blew manuscr., my re-
lacon, the brev* of Cambridge, Nath. Wiggins Reasons, &
the printed relation of the Martyrs. Sent by Mr Throg-
morton.] [21 2s. G<*. Mr W ms ]

1 Probably Goorgc Strange, of II ing- a house out towards the Neck, on
ham, and formerly of Dorchester. Suv- what is now Boylston Street, near
ago notes the sale of his tenement in Tremont.

Hingham in 1G39, the deed of which 8 Thomas Leverett the Elder, father

is recorded (Stiff". Deeds, i. f. 14). Per- of Governor John Leverett.

haps a successful " search for his wife s 4 "The same witnesses were present

lands" encouraged him to return to at the attornmeut on the back of the

England. See p. 26, note, post. [T.] deed."

2 William Salter, of Boston, is called * Probably this entry refers to Roger
a shoemaker by Savage, who says that Williams, at this time in Providence,
he kept the .prison later. He had and to George Throgmorton, who came


[2] Articles of agreement indented made letweene Augustin
Clement l of Dorchester in N. E. planter of the one parte,
and John Tinker of Boston in N. E. planter of the other
parte, the xviij lh day of October, Anno flni ~ 1638.

It is hereby covenanted concluded declared and agreed by
and bctwccno the partyes abovesaid in manner and forme fol
lowing 1. Imprimis that whereas the said Augustin Clement
and Elizabeth his wife have by their deed indented under their
hands <fe scales bearing date with these presents granted and
conveyed unto the said John Tinker. One messuage or Tene
ment and one orchard and one garden thereto belonging w^
the appurtenances lying in Wockingham in the County of
Bcrk in England now or late in the tenure or occupation of
Margaret Mathew or her assignes To have and to hold to him
the said John his heires and assignes for ever as more at large
by the said Deed indented it doth & may appeare Now it is
covenanted concluded declared and agreed by and bctweene
the said parties to these presents that the said grant & con
veyance unto the said John is and shall be upon this spcciall
trust and confidence, that is to say that the said John shall
joyne in sale v of the p r mises w* h the said Margaret Mathew
unto some person or persons in England, if slice shall live soe
long and be willing thereunto, but if slice be dead or shall
dye before the sale, then the said John shall or may sell the
premises himselfe for the said Augustin & Elizabeth and their

over with him in 1630. Williams and came again in May, 1637. He

had been banished by the General died at Dorchester, Oct. 1, 1674. From

Court in the winter of 1635-1636, these articles of agreement, and the

and Throgmorton had accompanied letters which follow, it appears that

him to Rhode Island. The entry is he had a house and land at Woking-

cros.sed out, perhaps at the return of hnm (or Oakinghnm), a market-town

the books. in Berkshire, seven miles from Heading,

1 Augustin Clement came to New which was then occupied by his sister,

England in the "James," of London, Margaret Mathew, who was proposing

April, 1635, and in the list is called to come to New England ; and that

a painter, sometime of Reading ; (3 Anne Clemont, the widow of his brother

Mass. Hist. Coll., viii. 319 ; cf. Hist, and John, was living at Shcnfield [county of

Gcneal. Reg., v. 440). Savage thinks Essex, about ten miles from Chelrns-

it probable that he went home in 1636, ford, on the road to London]. [T.]


use & bencfitt for their interest in the premises. And that the
said John shall and will diligently & faithfully attend and use
his best skill & endevours to advance & further the profitt of
the said Augustin & Elizabeth & of Margaret Mathew afore
said if slice shall live so long. And the moneys that the
premises shall be sold for are to be at the dispose of the said
Margaret Mathew if shee be then living, and to be payd unto
her if slice shall come away for New E. upon trust that shee
will be answerable to the said Augustin & Elizabeth for the
value of their interest in the premises els if the said Marga
ret dye then the said John shall receive the money for the
premises and be accountable for it unto the said Augustin his
executors & admors.

2. Itiii if the said lands shall be sold & the said Margaret
will not come for N. E., that then the said John shall receive
the value of the interest of the said Augustin & Elizabeth in
the premises, & shall be accountable for the same unto the
said Augustin his executors & administrators : the said value
being to be compounded & agreed on by and betweene the said
Margaret & John equally according to their best discreations.

3. Itiii If the said Margaret shall when the premises are
sold be disposed to come for N. E. that then the said John
shall advise, help & assist the said Margaret, in making and
buying provisions for the passage & transportation of herselfe,
her servants & estate and goods, over the seas into these parts
of New England according to his best skill & ability faithfully
and diligently to be performed according to trust reposed in

[3] 4. Itiii that the said Augustin Clement and Elizabeth
his wife and theire heires shall & will from time and at all
times hereafter within the space of seaven yeares next ensu
ing the date hereof at the reasonable request and at the cost
& charges in the law of the said John Tinker his heires or
assignes make doe acknowledge suffer levy and execute or
cause to be made done acknowledged suffered levyed & exe
cuted all & every such further & other lawfull & reasonable
act & acts tiling & things devise & devises assurances & con
veyances in the law whatsoever for the more better assuring


suerty & sure making & conveying of all the premises unto
the said John Tinker his heires and assignes according to
the meaning hereof and of the said Deed indented as by the
said John his heires or assignes or his or their counsell
learned in the law shall be reasonably advised devised or
required soe as the said Augustin & Elizabeth and their
heires be not compelled to travell out of the jurisdiction
ot* the Massachusetts in N. E. for the making doing or
suffering thereof.

5. Ittn that the said Augustine and Elizabeth & their heires
executors & administrators shall & will from time to tyme
and at all tymcs hereafter save and kccpo harmolesso the
said John Tinker his heires executors and administrators of
and from all accons suits troubles & demands wch shall any
wayes arise <fe come upon or be brought against the said John
his heires executors or administrators for or by reason of any
reasonable grants articles covenants agreements conditions
bonds assurances & conveyances wch the said John shall be
required and enter into or make unto the purchaser or pur-
chasors of the premises according to the true meaning of
these presents & the deed indented aforesaid."

6. Itiii that if the said John shall effect the businesses
aforesaid for sale of the premises then the said John shall
receive of the money made of the premises five pounds for
his pay nes whether the said Margaret come over to N. E.
or no.

7. Itiii If said premises cannot or shall not be sold, after
the said John hath used his diligent & best cndevours to that
end, cither for want of a chapman, or for rcfusall of the said
Marg-et to joyne in the sale afores? then the said Augustin
shall give & pay unto the said John the sunime of twenty

8. Item that if the premises shall not be sold as aforesaid,
that then the said John, his lieires and assignes shall reconvey
the premises unto the said Augustin, his heirs and assignes
or to whomcsoever hee or they shall appoint upon reasonable
demand. In witnesse etc. Witnesses as aforesaid. [Clement
it Tinker 3s. 4ti


Me Johafn Tinker de Boston in Nova Anglia plantatorem
tcne r et firmitcr obligari Augustino Clement in 80 *, dat m 18?
8. lidem testes.

The Condicon of this obligation is such that if the above-
boundcn John Tinker his heires executors, administrators
and assignes shall from tyme to tyme and at all tymes here
after fullfill, pcrforme, keepe and observe all such Articles,
covenants, declaracons and [4] agreements, on his and their
par te to be fullfilled, performed, kept & observed, w ch are
mentioned & conteyned in certaine Articles of agreement in
dented bearing date w" 1 these presents, made betweene the said
Augustin of the one parte & the said John of the other parte,
then this obligation shall be voyd & of none effect, or els it
shall be and remaine in full force, strength and vertue. [Is.]

Me Augustin Clement de Dorchester in Nova^Anglia, plant-
atore tener etc Joh i Tinker in 80 * Dat m 18. 8. lidem testes.

Condiconed for himselfe & his wife ut supra, mutatis mu
tandis. [Is.]

To my loving Sister Anne Clement at SJwnfield these deliver ].

Loving Sister, I and my wife doe both remember our loves
unto you, hoping that you are well, as praised be God we are.
These are to entreat you to deliver my deeds and writings
concerning my Tenement in Wock unto this bearer John
Tinker my ffricnd, unto whome I have conveyed the same,
and the deeds & writings thereto belonging I have granted
unto him, in trust to make sale thereof for me with my Sister
Margarctt : my wife hath also joyncd in the conveyance w th
me to him to that purpose, as by the conveyance may appeare
w ch hee will shew you if you please or reade the same unto you.
Wherefore I earnestly pray and require you not to delay or
fayle to deliver them unto him accordingly. Soe I commend
you to God s tuition and rest.

Yo r loving Brother, A. C.

BOSTON IN N. E: 18.8.



To my loving freinds, Mr. John Batcman minister at Woclc, and
Wm Ridkin there dwelling, or cither of them, these d:

Worthy Mr. Batcman <t my good frcind Will m Rutkin, my
loving salutations to you & yo rs rcmembred in the Lord.
These are to let you understand that I have conveyed my
Tenement in Wock wherein my sister Margaret Mathew
dwclleth unto this bearer my frcind John Tinker, in trust
to sell the same for me & her as you may perceive by the
conveyance and agreements between us, if you please to

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 3 of 47)