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 35 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 35 of 47)
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801 principall debt for payment whereof the said Joseph
entered into one bond or obligation of a greater summe w ch
said debt should have bin payd unto this deponent her said
sonnc in his life time about 12 ycares since. And this de
ponent saith that the said Joseph Stratton did likewise in or
about the yeare of our Lord one thousand six hundred and
twenty thrGe stand indebted unto her said husband by bill or
bond in the summe of sixty pounds at the least principall
debt w ch should have bin payd unto her said husband in his
lifetime about 17 yeares since and this deponcuit saith that
she doth not knowe that the said Joseph hath payd or satis
fied the said principall debts or any parte thereof one or other
unto her said Sonne or husband their [or] either of their exe
cutors administrators or ass g . And this deponent saith that
the said Joseph did by word of mouth in this deponents hear
ing and by letters of this w ch this deponent hath seen & read
acknowledge the said debt of 80* unto the said 57111 Stratton
and promised satisfaction thereof and did also acknowledge
the said debt of sixty pounds demanded on the behalfe of her
said husband and likewise promised payment thereof twelve
yeares since or thereabouts. And this deponent saith that
she had both the said specialty cs in keeping divers yeare?
but after the death of the said Will this deponent to her best
remembrance delivered them unto her sonnc John Stratton
of Salem aforesaid to whome of right the said debts did &
doth belong as she conceiveth lie being Executor of the last
will &, Testament of her said late husband and brother unto
the said Will" 1 who was also indebted unto the said John and

her brother-in-law William Stratton, of (see <mtc, p. 121), and of Elizabeth,
James City (so called), Virginia. We who became the wife of John Thorn-
learn little from the cast* that is now of dike, a fact unknown to Savage. Of
interest. Mrs. Anne Stratton was the Joseph Stratton, of Virginia, I know
mother of John Stratton, of Scarborough nothing.


ill particular by the writing now shewed unto this deponent
whereto she did write her name as a witnesse and was present
when the same was subscribed sealed & delivered by the said
Will" 1 And she hath credibly heard and verely believeth that
the said John lost the said two first mentioned spccialtycs by
Casting away of a Boatc w th many other goods <fc writings
belonging to the said John And further [1851 this deponent
saith the said Will" 1 being to goe for Virginia in the yeare
1028 first above mentioned had of her this deponent divers
goods amounting to the value of forty pounds at the least
of lawfull money of England and that he had of the said
John other goods to the value of fifty pounds at the least of
like lawfull money of England all w ch goods or very neare all
of them the said Joseph carry ed away w th him to Virginia
leaving Hie said Will" 4 behind him in England. And lastly
this deponent saith that the said Joseph about the time of
Ins said departure forth of England had of the said John her
sonnc one Watch and a Clockc for w ch the said Joseph was
to pay unto the said John the summo of five pounds of like
lawfull money. [2s. G]

Ralph Foggc l of Salem in New England gent aged about
forty yeares sworne saith that he was present to his best
remembrance and saw when the two specialties mentioned
in the aforcwritten deposition of M r . ls Anne Stratton were by
her delivered unto her said sonnc John Stratton at Dedham
in the County of Essex. [6d.~\

Elizabeth Thorndike aged about 2G yeares wife of John
Thorndike of Salem in New England gent swornc saith that
she was present and saw when her mother M r . i9 Anne Stratton
delivered unto her brother John Stratton the two bonds or
special tyes w ch she hath heard verely believeth were made
by Mr Joseph Stratton the one of them for eighty pounds to
her brother Will" 1 Stratton deceased and the other of them

1 Ralph Fogg, whose deposition in wards moved to Salem, where he re-
the Stratton case here appears, was a mained until 1652, when he went home
Plymouth man at first (1633), but after- to London.


for sixty pounds unto her father M r John Stratton deceased
to the host remembrance of this deponent And this deponent
knowetli that her brother John Stratton was & is executor
of the last will <fc testament of her said father &c. [1.]

John Stratton of Salem in New England gent aged about
34 ycares swornc saith that his mother M 1 ? 8 Anne Stratton in
or about UK; monctli of December in the yeare of our Lord
1631 delivered unto this deponent at Dedham in Essex in the
presence of Ralfe Foggc and this deponents sister Elizabeth
Thorndike the two specialtyes wherein his uncle My Joseph
stood bound in the one of them for eighty pounds unto my
brother Will" 1 Stratton deceased and in the other of them for
sixty pounds unto his father M? John Stratton deceased And
this deponent saith that he knowcth the said specialtyes were
the proper acts and deeds of the said Joseph by his baud &
scale and further this deponent saith that he lost the said
specialtyes w th oilier writings & goods by the casting away
of a boate at Cape Porpis in America about ten ycares since.
And tins deponent saith that the writing now shewed unto
him is the testimony of Isaacke Allerton marriner and that
it is subscribed w th his proper hand writing & name <tc.

To Thomas Dudley Esq r Governor of the Jurisdiccon of the
Mattachusetts Bay in New England and all other his Ma ts
Judges it Ofiiccrs whomsoever it may concerne [186] The
Ccrtificat of John Endecott Esq r one of the Assistants or
Magistrates of the Jurisdicon aforcsayd I the said John
Endecott doe hereby Certify that the scverall Testimonies
hereafter written were taken before me upon the oathcs of
the scverall deponents upon the [W*] day of November Anno
Diii 1040 and that the sayd severall depponents subscribed
their scverall names to their said respective testimonies and
that one writing concerning a thousand pounds of tobacco w ch
should have bin sent by one Will 1 " Stratton unto John Strat
ton now of Salem in New England gent was shewed before me
unto M r . i!i Anne Stratton at the time of her examination and


deposition hereafter written And another writing purporting
to be a testimony under the handwriting of Isaacke Allerton
was likewise shewed before me unto John Stratton aforesaid
at the time of his examination and deposition hereafter speci-
fycd to w ch severall writings I have also sett my hand in testi
mony thereof And lastly that true Coppies of the said two
writings are hereafter specifyed as followcth <fcc. [2s. G]

Mr Robert Keayne M? Thomas Owen 1 mcrcli* and M r
Thomas Stegge of Weynokc in Virginia Merchant Attorneys
for Mr Stratton. My Owen only for M Stratton. [2-0]

Knowe all men by these presents that I Anne Stratton of
Salem in New England widd doc hereby constitute etc Thomas
Owen of Boston in N E merchant my true and lawfull Attor
ney iv.c. 50 1 or 40* <tc and all and all manner of dammages
costs charges <fc expcnces lost suffered or layd out by reason
of the \ilhgible] or for and about the recovery of the said debts
ct summes of money or any of them. [Is.]

HONERESSIME DOMINE Multa sit tibi salus prccor a Deo
forti nostro ac omnipotent! p dominum Jesum unicii Salva-
torem. Oratias tibi habco Domino propter tuain crga me
mcosqnc bcnevolcntiam singularem ct cum fuerimus vobis-
cnm ct adhuc coniugem meam hospitando <vc De Colonia
stabilicnda p Confabulationcm cum Ecclcsia (cui me dcvinxit
solcmne pactum) pro comperto habeo, iis precipuc esse Cura
ut ubicumque operi ediHcando Incumburit politicum regimen
libernum absolutum ct inde})cndens iis stabiliri possit Domi-
nus Underbill 2 ad te statim venturus est. Rursus ac rursum
pro omni tua in me bcncvolcntia tibi gratolor ct tutelae Dei
te Committens maneo.

Tui obscrvantissimus


Novembr 5 10 10.


1 Thomas Owen is known only 2 This is the first mention of Under-
through mention of him by Winthrop, hill in the Note-book; but it seems more
not here pertinent, and another of like proper to reserve notice of him until
nature in Mass. Col. Rcc., i. 223. p. 222.



[187] To the riyht ivor 11 the Governor Council $ Assist 1 of this


The Complaint 1 of RICHARD LANG of Weymouth in N E Clap
board ryver against JOHN UPHAM and WILL" SMITH in
lehalfe of themselves $ the rest of the freemen of the said
Towne of Weymouth

Shewcth that tliis Comp u hatli bin an Inhabitant in Weymouth
aforesaid by the space of six yeares last past or thereabouts
and ought in right to have a share in the necke of land in
Waymouth the said John Upham <fc W S & the rest of the
said defend 13 w th out the gcnerall Consent of the Towne made
an agreement that the new Planters with Richard Silvester
& Arthur Warren should have the said necke of land allot
ted among them and unjustly left out this Compl t8 name say
ing that he was no planter and whereas this CompP should
have had three acres of land at the least upon the plainc
the Defend 18 have assigned him but two acres there And
whereas the Pit had three acres of land going to the mill
the said Defend 13 have imiustly given the same to Richard
Knight And the said Defend 1 * deteyne the Pits share of the
mcddow ground within the said towne w ch should be three
acres at the least And the said defend 13 have assigned and
taken great lotts to themselves but have not assigned any
great lotts to the rest of the planters there. And they have
uniustly given away lands out of this CompP 3 and other men
their rights And also have overrated this CompP and other
inhabits there. Lastly the said defend 13 keepe the Towne
booke disorderly some leaves having bin cutt forth & some
blotts and other defects there are therein The CompP prayeth
that the defend 13 may be cnjuined to appeare at the next
Court to answere the premises & bring the said Towne booke
w th them. [16]

1 I cannot find that this petition of also deputies, and Warren and Silvester

l.ichard Lang was ever acted upon, were both well-known men ; so it is

John Upham and William Smith were probable that tho matter was passed

both commissioners for Weymouth, and over.


Captainc Richard Morris bound to Josuah Hewes for 141 to
be p d 20 April px 23 Nov: 1040. [6d.]

Jolm Rogers of Accamenticus in New England aged about
27 3 carcs sworne saith that in or about May last past he this
deponent delivered unto Thomas Jones a taylcr who after
wards dyed as this deponent hath heard by the blowing up
of the Mary Rose these commodities hereafter following
to be made into stockings & a cap viz* a yarde of kersey
or thereabouts worth 4 s and two yards <fc halfe of bayes
worth 5 s .

Robert Rogers of Boston in New England aged 23 yearcs
sworne saith that in or about the monctli of June last
Thomas James a taylcr who was slayne in the blowing
up of the Mary Rose confessed he had things to make for
this deponents kinsman Jolm Rogers & promised to make
them up.

[188] To the right wor 11 S R FRANCIS WYATT Knight 1 Governor
and Captaine generall of his Ma ts Colony in Virginia

The Bill of Complaint of JOHN STRATTON of Salem in New
England gent

In all humble manner shcwcth unto yo r wor p that yo r sup
pliant is sonnc and heire and Executor of the last will and
Testament of John Stratton sometime of Shot ley in the County
of Suffolk gent deceased and that Joseph Stratton now of
James City in Virginia gent yo r suppliants uncle and brother
of the said Testator in or about the yeare of our Lord One
thousand six hundred twenty and three stood indebted by bill
or bond unto the said Testator yo r suppliants said ffathcr in
the summe of sixty pounds of lawfull money of England prin-
cipall debt: And that yo r suppliant had a Brother one William

1 Savng, says, in a note on Win- Sir Francis Wyatt from 1639, when

throp, ii. 159, that S. "NY". Campbell is Hervey was superseded, to 1641, when

the only writer known to him " who Berkeley was appointed."
takes notice of the administration of


Stratton of Ardlyc in the County of Essex gent deceased who
about the yeare of our Lord one thousand six hundred and
twenty eight intended to passe over from England into Vir
ginia in Company with the said Joseph Stratton and had for
his portion one hundred pounds in redy money in his purse
and besides yo r suppliants adventured by him and delivered
into his hands divers moneys goods and commodities to the
value of Hil ty pounds at the least And this Complainant saith
that the said Joseph by his faire intreaties & perswasions in
the said yeare 1628 borrowed eighty pounds of the said Will m
out of his said portion and entered into one bond of a greater
summe how much in certaine this Clomp* cannot remember for
the repayment of the said eighty pounds after that sometime
in the same yeare or ncare thereabouts and also the said Joseph
by his said intreatys and perswasions gott into his hands &
possession all or very nearc all of the said good& & commodi
ties w ch this Complainant delivered unto the said Will and
the said Joseph having gotten into his hands the said 801 and
50^ worth of goods and upon some pretence of businesse sent
the said Will from Plymouth to Ardelye afors d the said
Joseph bearing the said Will in hand that he would stay at
Plimouth aforesaid till the said Will" 1 returned thither and so
both together to passe over into Virginia but the said Will
was no sooner come to Ardelye aforesaid but newes followed
him that the said Joseph had sett sayle & was gone for Vir
ginia and so he carrycd away the said 801 being the greatest
parte of the said Will" 13 portion and the said fifty pounds
worth of goods and commodities and left the said Will m in
England to rely upon yo p suppliant and his mother for his
maintenance to their great costs & charges And yo r suppliant
further showeth [189] that the said Joseph never payd the
said debts or any parte of the same either to yo r suppliants
ffather or Brother in their lives time nor since to yo r suppliant
and further that his mother M l 8 Anne Stratton now of Salem
aforesaid did deliver both the said specialtyes to yo r Suppliant
about ten yeares since at Dcdham in Essex and afterwards
the same yeare or thereabout yo r suppliant lost them by cast
ing away of a boate at Cape porpis in America wherein the


said specialties <fc many other writings <t goods of this Com-
pl ts were lost. Also this Compl* sheweth that he is the only
brother and heire of the said Will and that- lie was indebted
unto yo r Suppts and tlicreforc of right the administration of
the said Will m his goods rights <fc credits belongeth to be
granted unto yo r suppliant as next of kin and creditor to
the said Will" 1 or to whomsoever yo r suppl* shall depute there
unto and because yo r Supl* cannot at this season conveniently
tr.ivell to Virginia he hath deputed Mr Robert Keayne Mr
Thomas Owen and M. r Thomas Stegge or cither of them to
procure the said letters of admin unto whome yo r suppliant
prayeth yo r wor ps to grant the saide or to one of them and to
take their names or one of them as Compl ts in this present
bill w th yo r suppliant for the better recovery of the premises
in yo r suppl ts behalfe And this Compl 1 further showeth that
the said Joseph had of yo r suppP one watch and one clocke in
the said yearc 1628 for w ch the said Joseph washy agreement
shortly after to pay yo r suppliant five pounds but he hath not
to this day payd the same nor any partc thereof to yo r sup
pliant. Notwithstanding yo r said suppl* shewetli that the said
Joseph did often times both by word of mouth & letters of his
acknowledge the said debts & receipt of the said goods & of
the said watch & clocke <fe promised satisfaction of all the
premises to the full but when he understood that yo r sup
pliant had so lost the said spceialtycs af ores 1 then the said
Joseph refused to performe his said promises or to make pay
ment & satisfaction for the p r mis and still rcfuseth so to doe
Now forasmuch as yo r suppliant hath no remedy by the strict
rules of the Common Law but in equity he ought to be
relieved in the premises lie humbly prayeth yo r worships
releife therein according to equity and good Conscience and
that the said Compl* may be allowed not only the said prin-
cipall debts comining in all to 1951 or thereabouts but for Dam-
mage and Deteyning of the same all this while w ch comes to
200* more at the least, and yo r suppliant prayeth that the said
Joseph may be cnjoyned immediately to answere the premises
& to stand to yo r w r or pps order & decree in the same And yo r
suppliant shall pray &c.


Robert Keayne of Boston in N E m ; makes a lc r of Attorn
unto John Tinker l of Windsorc upon the river of Connccti-
cott planter to receive of Will Ilubberd of Windsorc 10 3 of
John Haynes E,sq r 21 10 s M r Robert Saltonstall 501. Henry
Browning 41 4 9 8 d - Thomas Withcrlc 21 14 s 2 d - Will 111 Quicke
41 7 8 10 d M r lligginson 15 s . David Anderson u l s . [Is.]

[190] An Ai ii dl for M r Keayne twice written. [Is.]

The orders of the last Curt for Boston p Mr Cogan. [20]

JOHN SCOBELL of Boston Carpenter pit.

JOHN HOLLAND of Dorchester ferryman defend*

in trespass on the Case. 2

1. The Compl 1 shcweth that whereas the defendant was to pay
him 45 8 8 d for Carpentry worke done at the defendts house
by agreement of both partyes and 3 1 19 8 8 d for sawing &
squaring of timber & boards and the said last menconed
summes the Defend* unjustly as his owne judge by order of a
ccrtainc attachment in his owne person attached and defaulted
81 18 s of the same money when he had tendred the said whole
summe of six pounds five shillings and foure pence before
witnesse saying he attached this money as due unto himselie
never sending the said attach 1 " to this Compl never warning
him to any court nor giving him any Coppy of the said
attachm 1 and deteyncd the same in his hands about two
moneths, whereby the Pit was not only damnifyed butt the

1 John Tinker, several times men- nature (vol.i. p. 152), \vliere he had
tioned in tho first few pages of the Note- to do with a different character from the
look, was at this time at Windsor, but meek Seobell. This last had not sutii-
subsequently was of Boston, and after- cient force of mind even to do anything
wards of New London. The names which should have brought his name
which follow may be found in Savage, down to us (such as being born, marry-
but nothing of consequence is known of ing, dying, being chosen to oversee
them. fences, arid the like). Holland, on tho

2 There is no mention at all of this contrary, was well known in Dorchester,
case in the Colonial Record. Holland s a merchant of good repute, says Sav
name may be seen there, in another ago, and usually honored in the Touni
case, however, of somewhat the same Record by the title of Mr.


Magistrates and Justice of the Country dishonoured for w ch
tlie defend 1 is lyable to a line and also to satisfye the pit for
his dammagcs aforesaid w ch he alleageth to he ten shillings at
the least hy Arbitrament of ecrtaine men indifferent and that
after much trouble charge it expence of time w ch the defend 1
wrongfully put the pit to thereabout. [Win Evans]

2. The Plaintiff e complaincth that when the said Arbitration
was to be made he offered the defend 1 to submit all things
w ch were owing by the plaintiffc unto the defend 4 unto the
said Arbitrators to end at once and further offered to pay
and allow the said defend* what was due unto him for any
cause or thing whatsoever but the defend 1 intending to cir
cumvent the pit w th faire pretences alleaging the things due
to him the said defend* were for womens matters and that
he would afterwards put those things to the arbitr mt of any
indifferent men persuaded the pit to let his demands only
be arbitrated w ch was done accordingly by the said arbi
trators But afterwards the said defend 1 hath unjustly quar
relled against the said arbitrement and demanded of the
plaint iffe more than was his defendants due but refused to
put his said demands to the arbitrement of any arbitrators
contrary to his promise aforesaid. But afterwards and after
the said wrongfull attachm* upon the persuasion of some of the
Church of Dorchester the said defend* did condescend to sub
mit his said demands to the arbitrement of the two Elders
there and this Compl 1 did also yeild thereunto. Notwith
standing the said defend* after all that trouble to the said
Elders ct charges and trouble to the plaintiffc in coming
from Boston to Dorchester about it twice brake of the said
arbitremt because he could not persuade this Compl* to dis
solve the said first Arbitracon w ch he knew not whether he
might lawfully doe seeing both the said partyes were by writ
ing under their hands bound in 201 apcece to stand to the
award of the said first Arbitrators. [Witnesses the Arbitra
tors. Mf Henry Witherington & W m Ware.]

And in the Cort before the Magistrates it the Jury the
defend* alleaged that this Compl* had wroaght w th him 25
weekes & brought his servant Edward Emans to witncsse the


same upon oath and according to that time demanded for dyct
lodging washing & starching for this CompP & house roome
for his goods. [The Cort hooke. John Matthewes for begin
time John Smith & Richard Evans for the end.]

for dyet from (9) 4 1639. for 6 weekes the pit wrought for
meat drink lodging and 20 d a day. \v ch comes to 45 s 8 d after
wards till the 3 d day of the first mon : yjjfo the pit was to
worke for the defend 1 in the woods to saw & square tim
ber & boards for halfe the sawing worke [191] or the value
thereof and one wceke of this time he was dyetted by the
defend 1 but afterwards dyetted himselfe saving upon last
dayes at night & upon the Lords Days during that time.

1. lie alleaged & proved by oath in Court that the CompP
had diet last dayes night & Lords daycs 13 or 14. whereas it
was but 8 or 9 for the pit wrought w th him but 17 weekes in
all so hereby the pit was ovcrreckoned 5 s 10 d . [W m Evans
Agnes Evans Richard Evans.]

2. for washing & starching 8 9 G (1 reckoning 4 d a weekc for 25
weekes w ch was 2 3 8 d too much & besydcs the pit lost a band
worth 2 s w ch is 4 9 8 d in all. [W m Evans Agnes Evans]

3. the defendant demanded for lodging the pit the said first
5 weekes 3 3 or thereabouts whereas he was not to pay anything
for the same. [John Matthews Ric h Evans.]

4. the defend 1 demanded for lodging the pit w th his boycs the
said last dayes nights & Lords dayes nights 2 8 G d when his
owne servant lodged upon the pP 8 bed at dorchcstcr mill the
other five daycs in the weeke w ch at l d a night comes to 3 s so
that for this the pP is to be allowed 5 8 . [John Smith W m

5. the defend 1 demanded for houseroomc of 2 halfe hogs
heads 2 chests & one smale box & a case of bottles 8 s G d w cb
yet were stowed over a Cowhouse w ch the pit built & was not
satisfied for till the time of the said attachment and the de
fend 18 wife & servant hurt some of the pit 8 tooles yet for 14
weekes houseroomc 5 8 the pit willingly alloweth so that he
may have forbearance of his hire of 45 8 8 d abovesaid. [W m
Evans <fc his wife Agnes.]


6. the defend 1 demanded G 9 for three daycs worke of liis in
the woods w ch the Comp u saith was cut off by the said first
arbitrcincnt and is another breach of the said arbitrcment by
the defend 1 . [Arb : Rich Evans John Math : \V" Ware.]
AYhereby the pit hath bin put to these losses
1. at the making of the first arbitrement 15 s . 2. lost for
2 dayes worke to demand the money on the arbitrement 4 s
misreckoning & overrcckoning H 8 s . 18 s costs of suit lossc
of time (?. 2 dayes worke 4 s viz* lo s so that the pit hath
now no more than just 4" 4 d for all his winters worke lost and
all through the defend 13 fault, [6-0 r 3 9 . r 2.]

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 35 of 47)