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 36 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 36 of 47)
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JOHN SCOBELL of Boston Carpenter pit \ f

in an aecon of
JOHN HOLLAND of Dorchester tern/man >. , 7

( trespass on t/ie ease,
dcr )

The Pl tl(Te complaincth that whereas the defend* was in
debted unto the pit about (lie 10 th day of the 10 th moneth
1()30. in Hie summc of 45 8 8 d for carpentry worke done by the
pit for the defend 1 at his house in Dorchester at the rate of
twenty pence a Day dyct and lodging by agreement betwccne
the said pit aiid defend* and whcras afterwards the said pit
was by like agreement bctwcene them to worke and did
worke for the defend* w th one of his servants in the woods
in Dorchester bounds in sawing squaring of timber &
boards from about the said 10 th day of the said 10 th moneth
till the 3 d day of the first moneth then following for halfe of
the said sawing worke or the value thereof and to have meate
and drinkc of the defend* for 5 s a wceke and the pit so had
mcate drinkc of the defend* for one weeke from the said
tenth day but afterwards by agreement also betweene them
the said pit was to find and did find himselfc meate & drinkc
in the woods and whereas the said pi* received some sniale
comforts of the defend* as houscroomc in an outhouse for
a few goods last dayes at night suppers <v Lords daycs dyct
washing & starching lone of a boate <t men to fetch the
pl ts goods by night and lodging the said last dayes & night


Lords daycs <fc nights for w ch ther was no agreement betweeno
them of any payment to be made by the pi* for the same. [192]
The said pi* saith that he upon the said 3 rd day of the first
moneth upon just cause given by the defend* & his servant left
off workc in the woods for the deft and afterwards demanded
of him satisfaccon for the said workc according to the said
agreement But the said defend 1 refusing to let the said pl fc
have halfc the said sawing worke for his labour aforesayd and
going, about to deceive the pi* of his just rccompcncc for his
labour aforesaid alleaged that the plaintiffe was not to be his
owne judge of the worth of his said labour nor should have
his owne asking but required the same might be arbitrated
bctwccnc them by indifferent men whereto the pi* willingly
condescended but the said defend* refused to attend the said
arbitrament <fc delayed the pi* & put to much trouble there
about so that the pi* was at length forced to.^ue the defend
at the law & the pi* w th his witnesses & the defend* coming
to Boston thereabout upon the 2 day of the 7 th mo : 1640 the
defend* then & there promised the pi* if that he would with
draw his said accon & put the said matters in controversy
betweene them for the said worke to the arbitration of indif
ferent men that the defend* would also afterwards put all his
demands touching the controversy aforesayd being as he said
but worn ens matters to the arbitrement of men indifferent
w th out suit and the said pi* indeed saith that he trusting upon
the said promise of the defend* did withdraw the said accon
and thereupon the pi* put the same matter of the worke in
the woods to the arbitrement and they bound themselves each
to other in a bond or assumpsit of 201 a peece to stand to the
arbitrement of indifferent men betweene them that is to say
John Mnthcw Robert Streson Richard Evans and Will" 1 Ware
for and about all matters in controversy betweene them the
said pi* and defend* touching the said sawing workc &, timber
wrought <fe squared in the woods & all things thereabout And
the said Arbitrators thereupon awarded that the said defend*
should pay the said pit for the same 31 19 8 8 d out of w ch the
pi* was to allow unto the defend* for worke done for one
[W<IM] Leeds 22 8 G d whereof the pit was redy and did offer


the defend 1 allowance And the pit saitli the defend* had
notice of the said Arbitrament and being demanded by the
Pit to fulfill the same he the defend 1 pretended he would so
do but did not pcrforme the same contrary to his said bond
or assumpsit of 20 l and deteyncd the said 54 3 8 d nyne or ten
moncths and contrary to his promise afores d refused to put
his said demands touching the said controversies to the ar-
bitrement of indifferent men and under colour of an attach
ment w ch he as his owne judge in his owne person executed
deteyncd the said pits right upon the said arbitrament being
21. 17 s . 2 d . two moneths or thereabouts never warning the
plaintiffe to appeare at any Court nor giving him any coppy
or reading of the said attach mt to him And although the pit
and defend 1 afterwards submitted themselves touching the
said defendts demands to the arbitrament of the two ruling
Elders of the Church of Dorchester yet the said defend 1 after
wards when the said Elders mett to consider thereof brake off
the said arbitrament because the pit would not dissolve the
said first arbitrement touching the said workc in the woods
And thereupon the defend 1 brought his accon for his said
demands iu the last Court at Boston whereof the pit had but
one daycs cleare notice and then and there before the Magis
trates ct Jury in open Court taking the pit unprovided of his
proofes did overreckon the pit and by and under proofes
recovered against the pit above thirty shillings more than
by any right or reason he was to pay unto the said defend*
bcsydcs costs trouble charges and other dammages the pit
received thereabout in all 26* And thereupon he brings his
suit, [5s. lOrf., 4s. 8d., 3s. Oc?., 5s. Od., 3s. Grf., Gs. = H 8s. Od]
The pits proofes.

1. That the defendant owed the pit 45 s 8 d for carpentry
worke done about the 10 th of December 1639 and payd him
not for it till the last of September 1640. [Cort booke John
Mathews W m Evans W in Ware.]

2. That the worke in the woods was to be done on such
termes as is declared & began about the said tenth day of the
said 10 th moneth and ended the 3rd day of the first month
following. [Richard Evans \Vill m Evans.]


3. for the nieatc & drinkc at 5 s one wcckc. [The (lefts

4. That the pit had just cause to leave off working for the
defend 1 . [John Smith.]

[193] 5. That the defend 1 refused to pay the pl l for the
workc in the woods without arbitrcment and yet would not
let it be arbitrated. [Will 111 Evans Richard Evans.]

0. To prove the promise about withdrawing the pl t3 accon
<fc putting the worke in the woods to arbitrcment that there
upon the defend 1 would put his demands to arbitrcment.
[The Arbitrators John Mathews W m Ware.]

7. To prove the pl t3 withdrawing his accon & the bond or
assumpst of 20*. [Mr Nowell & the Arbitrate]

8. To prove the award to be as it is declared. [The

9. That the defend 1 had notice of the said^ award made.
[The Arbitral".]

10. That the defend 1 never payd the 21 17 8 2 d to the pit al
though demanded whereby the def 1 hath forfeited to the said
pit the said bond or assumpst of twenty pounds. [W ra Evans.]

Objection the defend 1 attached it.

Answere the pit was never possessed of the money and
therefore the award was never fulfilled by the defend 1 . [W rn

11. In executing that attachment the defend 1 was his owne
judge and therein committed a cryme to the dishonor of the
Magistrates and Judges of the Country w ch is an offence to
be punished by the Magistrates. [W m Evans Gill confcst in

12. The defend 1 never read the said attachment nor gave
a coppy of it to the pi* nor warned him to any Cort there
upon. [Let the Del 1 prove this if he can.]

13. That the defend 1 refused to put his demands of the
wonu-us matters to arbitrcment and quarrelled against the
former just arbitrcment. [W m Evans.]

14. That afterwards the pi* & defend 1 submitted themselves
touching the defend 19 demands to the arbitrcment of the two
Elders. [M! Henry Withorington & W m Ware.]


15. That after this notwithstanding the defend 1 brake of
the said arbitrcm* because the pit would not dissolve <fc un-
doe the said first arbitrem 1 w ch if he should have done the
defend 1 like enough would have taken advantage ag* him
thereupon for his 201. [Mr Witherington AV m Ware.]

16. That the defend 1 brought his accon for the said de
mands for the womens matters in the Cort at Boston whereof
the pP had but one daycs notice, for he heard the defend 1
would bring it in Court upon the 3 rd day <fc the Cort was the
lift. [Will Ware.]

17. for the dcfendts ovcrrcckoning the pl l & under proofes
made in Cort.

A. Coppy of the Declaration to the defend 1 . [Is.]

[194] IN THE CORT AT BOSTON (10) 1. 1G40.

EDWARD GRIFFITH 1 merch pl* j . dM m g . gd .

The pi* saith that the defend* &c. dcteyncd 8 ycares dam
201. [30l 8 ycares deteyned. ts.]

The peticon of John Hogg 2 brother of Roger Hogg.

The peticon of JOHN PALMER s the younger of Boston Carpenter.

Showcth that whereas yo r pcticoner married Mary Smith
daughter of Christofer Smith of Rocksbury and upon the

1 Edward Griffith must have been take the land back again. This was
some Englishman or other who turned March 21, 1636. In 1610, March 30,
up at Boston for a short time. John Palmer the, younger was admitted

2 John Hogg is merely noted by Sav- to be an inhabitant, provided that lie
age, who says, " Mass. 1639. Felt. Per- could " gett an house or land to sett an
haps he was only transient." He does house upon (it being not proper to allowe
not mention Roger in any way. a man an Inhabitant Without habita-

8 From the Boston Town Record it tion)." In 1641, Nov. 20th, there was

appears that a grant of land was made a grant of land made to John Palmer,

to John Palmer (where or when is not Sr., at Braintry for two heads. In the

stated), and the same not being built Book of Possessions the two Palmers,

upon, the Town declared itself free to father and son, have houses on the north


marriage yo r peticoncrs father John Palmer promised to be-
stowe upon yo r peticoner for his portion the house & ground
at Braintree to be made worth 40* yet yo r peticoners said
father nath not performed his said promise and besides hath
taken away from yo r peticoner 10* that was yo r peticoners
owne money gotten since his said marriage and deteyned 40 8
w ch he lent his said father and keepeth backe 40 s more w cb is
due to yo r peticoner for his halfe of the new wharf c worke
and moreover w cb most of all grciveth yo r peticoner his said
father hath greivously abused yo r peticoners wife w th ill words
& mockings unfit for him to mention against his said father
Yo r peticoner humbly prayeth the speedy releife of this Court
in the premises against his said father that the said house &
ground may be presently assured to yo r peticoner and the said
moneys restored to him, <fec. [2-6 & a note to Mr Hill.]

Walter Merry 1 makes a letter of Attorney to Captaine
Rih : Morris to apprehend & send backe John Savery his serv*
(10) 2. 1640. [I*.]

M Valentine Hill of Boston merchant and Mf Thomas
May hew 2 of Watertowne in N E gent bound to each other

side of Mill Street (now Summer). The John Seberry mentioned later (p. 236)

father s house was some way down the in connection with Walter Merry, were

road ; the son s was near the corner (of it not for the difference in condition.

Washington Street). Curiously enough, John Seberry is called in the Boston

there are four Christopher Smiths in Town Record a seaman, which trade is

Savage, no one of whom can be the man not incompatible with a shipwright s

here mentioned. There is noted a Chris- journeyman.

topher Smith of Hartford, thought to 2 Thomas Mayhewe senior, most prob-
be son of one of the same name having ably, who was this year (as well as in
a sister Mary who was married to one other years) representative from Water-
William Partridge. John Palmer is town. Nicholas Davison was a Charles-
thought to have moved to Wethersfield town merchant, of whom much may
before his death, and it may very well be read in Wyman and in the Suffolk
be that this Mary was his widow. Deeds, as well as elsewhere. He was the
1 Walter Merry was a shipwright, agent of Matthew Cradock, and in other
having his shipyard and wharf at the ways a prominent man. The other arbi-
Point bearing his name, just to the trators were among the first merchants
north of Gallup s Point. John Savery of the Colony, and we need not doubt
I should be tempted to believe to be that the case was decided on its merits.


in 3001 to stand to the arbitremcnt of M r Will" 1 Tyng Josiah
Ilewes Mr Will 1 " Pierce and Nicholas Davison so the arbitre
mcnt be made in writing and delivered to each party w th in
the space of 9 daycs. [2s.]

Josiah Ilewes of Roxbury in New England merchant makes
a letter of Attorney to R. Morris to receive & recover of
Richard Turner of Providence planter the suninie of 38 3 due
3 ycare (10) 2. 1040. [Gc?.]

Richard Wright of Braintree yeoman to be bound to Mf
Henry Symonds for the sum of 6l 10 s 8 to be paid 25 March
next dat 29 Sept 1640 G s G d in 6-17-2. [Is.]

And 6. 9. 4 (1 to M 1 ; George Alcocke 1 of Roxbury to be 10.

2. 40. [6.]

[195] Henry Waltham against Thomas Richards 2 and Wcl-
thin his wife in Weymouth for the division of one dwelling
house belonging to the mill in Weymouth. [Is.]

Thomas Syinons 3 to Mr Richard Parker a mortgage of his
house and land at Braintree 10. 3. 1640 for 18 to be p d 4. 24
px. [U]

I John Pollard late of Belcham in the County of Essex
husbandman doe hereby acknowledge that I have received of
Bozoum Allen of Ilinghani in N E mercer nyno hundred
weight of cheese in Caske w ch was sent over in the Parramor
of London by Mf Thomas Rodbard Cheesemonger of London
to the said Bozoum Allen for a thousand weight whereof I
the said John Pollard doc hereby promise to discharge the
said Boz. Allen against the said Thomas Rodbard of 121 12 8
for the said Cheese & caskc but I the said Bozoum Allen doc

1 George Alcocko (see p. 148, ante) 8 "The. 24th of FeK, ](>!!!), was
ili<. cl Dec. 30, 1640, or thereabouts. granted to Thomas Simons, of Mount

2 Henry Waltham and Thomas Rich- "\Vooly stone, f or 10 heads 40 Acres upon
ards, it will he remembered, wore part- the Covenant of 3.-?. per acre " (Boston
iiers in the mill at Weymouth ; see Town Records, i. 49).

pp. 178, anlr, and 207, post.


hereby declare that I would not have willingly payd so much
by twenty shillings for it because the said cheese was not
sent according to Covenant. [1-G]

A petition, for George Allen l about the ferry at Weymouth.

Thomas Allen of Dorchester in N. A. gen Srieant Richard
Callacott of the same and Ensigne John Holman 2 of the same
bound to Edward Michaelson in M libris. Condition. to save
him harmlesse of one judgment of 487 1 14 8 3 d recovered
against him at the suit of Thomas Harwood & James Gammon
merchants in an accon of the Case. [1-]

And a Counterbond of 2 M 1 by the two obligees unto Ensign
Holman dut 10. 10. 1640. [Is.]

Know all men by these presents that I Robert Keayne of
Boston in N E m doe hereby promise that if John Stratton
gent shall deliver unto Mf Thomas Stegg or Mr Thomas Owen
at Virginia goods and merchandize w ch shall be of the value
of 100* when the said goods & merchandize come heere in
New England and shall be heerc delivered unto me or to my
use that after I am satisfyed for my iust debt w ch the sayd
John Stratton owcth me and for such dammages in forbear
ance concerning the same as two indifferent men to be named
by mysclfe shall judge I will be accountable unto him for so
much as the said goods & merchandize shall come unto above
the said satisfaction 10. 11. 1G40.

Knowc all men by these presents that I John Stratton of
Salem in N E gen doe hereby promise unto Robert Keayne of
Boston in N E merchant that if I can recover or receive in

1 George Allen, of Wcyinonth, is as well as the rest, a prominent Dor-
noted in Savage. He is also mentioned Chester man, and his name occurs fre-
later in the Note-look (p. 215). quently in the Colony and Town Reconls.

2 Ensign John Holman is the only He was selectman in 1636, ensign in
one here who has not already been 1637, and died along towards 1652 with
spoken of in the Note-look. He was, a very good estate.


Virginia or Maryland the debt w ch Mf Thomas Morris cwcth
me and the debt w ch my uncle Joseph Stratton owcth me or
any of them that I will out of the same deliver into the hands
of Mr Thomas Stegg or Ml; Thomas Owen goods <fc com
modities \v ch shall be of the value of 100 1 of lavvfull money of
England when they come heere in Nc\v England to be there
delivered upon the adventure & charge by the joynt procure
ment of myselfe and the said Thomas Stegg or Thomas Owen
unto the said Robert Keaync at his now dwelling house in
Boston to the end he may out of the same rayse & deduct so
much money as shall satisfyc him for his iust debt w ch J owe
him and for such dammages in forbearance concerning the
same as two indifferent men to b(5 chosen by the said Robert
Keayne shall judge and be accountable unto me for the rest
10. 11. 1040.

[196] To the right wor 11 8 ir Francis Wyatt Knight Gov
ernor & Captaine Gencrall of his Ma" Colony in Virginia and
all other his Ma ts Judges and Officers whomsoever it may
concerne. I Thomas Dudley Esq r Governor of the Jurisdiccon
of the Mattachusetts Bay in New England doe hereby certify
that I have received this present Ccrtificat 1 before written
from John Eudicott Esq r therein named and have at the
request of John Stratton therein also named granted to
exempli lie the same In testimony whereof 1 have caused
the publicke scale of our Colony to be hereunto affixed the
eleventh day of December Anno Dili 1640.

In the name of God Amen I John Stratton in this present
Letter of Attorney mentioned doc hereby make and declare
my last will and Testament touching the suits <fc matters
therein contained as followeth My Will is that if it please
God that I depart this life before the said suits matters are
finished that my Attorneys in the said letter of Attorney
named shall be my Executors joyntly or severally to sue for
& recover the premises In testimony whereof I have here-

1 The certificate spoken of must lie that on p. 186.


unto sett my hand the day of the date of the said letter of
Attorney 1640.

And I the said Governor doe hereby certify that the above-
said John Stratton did in my presence publish and declare the
said writing in the margin to be his last will <fc testament
touching the premises w ch I grant also to testifye under the
said publicke seale even the day & yeare aforesaid.

Thomas Morris of the Province of Maryland in Virginia
Chirurgion owes by bill dated 25 Aug. 1639 unto John
Stratton merchant 831 14 8 2 d to be pd in tobacco* ult nov :

I John Stratton in the within written letter of Attorney
named doe hereby in like manner authorize my said Attorneys
therein mentioned joyntly or severally to demand receive &
recover of & from Thomas Morris of the Province of Mary
land in Virginia Chirurgion the summc of thirty three pounds
fourtcene shillings and two pence w ch lie owctli me by bill
dated 25 Aug: 1639 & should have bin payd unto me in
tobacco upon the last day of November 1639 as by the same
bill appeareth & all costs & dammnges concerning the same
Witncsse my hand hereunto sett the day & yeare last within

[197] John Stratton of Salem in New England gent aged
about 34 y. sworne saith that his mother M r ! a Anne Stratton of
Salem did depose and subscribe to a certaine writing of her
testimony cone the writing hereunto annexed is the testimony
of his mother M r ! 3 Anne Stratton mentioned in the note of
testimony under the hand of Isackc Allerton mariner w ch is
Ccrtifyed unto the Governor of Virginia.

A note of charges for M? STRATTONS ivritings.

The Certificate of testimonies written 2 s (]<* y peece . 6 6

The letter of Attorney will Adition & Ortificats ... 2 6
The two reciprocall writings betweene M? Keayne &

Mi Stratton 1 6


The Coppie of M^ Strattons writing to M* Keayne ..10
The exemplication of M r . Morris his hill ...... 1

The bills of Complaint ............ 5

Two letters of Attorney by M ri . 8 Stratton ...... 1 6

Another affidavit concerning Ml Allertons testimony . . 17 6.

[Mr Kcaync is to pay this bill.]

John Humfrey Esq r Ictts unto Zachcus Gould of Lynne y
All those his two ffarmes one called the Plaines l and the
other called the Ponds w th the appurtenances for 10 yeares
from 29 of 7 br last 1601 the second yeare and after 200* ,p an.
to be paid in conic wheatc & rye at 5 8 <p bs. barley at 4 s <p bs.
at Saggamore Hill Stocke 16 oxen 12 Cowes 6 heyfars 6 last
y calves 2 bulls 4 sowcs & 2 boares 2 mares and 2 horses.
Buildings it necessary fencings to be made by the Lessee <fe
to be allowed out of the rent. The stocke to be inventoryed
and the like in kind to be roclxt at the end. [1-6]

Nchcmiah Bourne makes a letter of Attorney unto Captaine
Thomas Willoughby of Virginia to recover 100* & daminagcs
<tc p protest. [1-0]

A Ccrtificat [1-0]

Samucll Pcirce of London merchant by vcrtno of a letter
of Attorney from Thomas Southey of London merchant dated
March 12. 1637 13 Car. releases Robert Scdgwicko of Charles-
townc in N. E. merchant pnt &c. [3s.]

Thomas Owen of Boston in New England merchant makes
a bill of sale of 15 Indian cloathcs unto Samuel Itutchinson
and Thomas Savage for security of payment of 113 1 by the
15th of March next And a bond of 2001 to save them harm-
Icsse for the not payment of 113 1 w ch he received of them
upon the 21th day of March last past and should have ben
payd to Mr John Pococke of London Wollcndraper.

1 For a lonsf. of the farm called tho "Plains" by John Humfrey to Zaccheus
Gould, see j>. 147, ante.


A bond by Nathaniel Bisco l of Waterton and M? Owen in
300* to save MT Hutchinsou and M Savage haruilcsso &c.

[198] Thomas Dudley Esq r Governor of the Jurisdiction
of the Mattachusetts bay in New England to all his Ma 13
Judges & Justices whomsoever it may conccrnc greeting
Kuowe yce that 1 have bin infunned by writing under Hie
hand of Ml; Increase Nowell one of the Assistants and Secre
tary of this Jurisdiction who was appointed one of the Com
missioners about the estate of M r . Natha : Eaton 2 that they
the said Commissioners did onely deliver to M^ John Cogan
but one Cowe w ch they left w th him & for w ch hce is to be
accountable and that other of the said estate he hath not any
toward the 100* delivered by him to the said Nath Eaton that
the said Increase Nowell knoweth or hath heard of. In
testimony whereof I have caused the publicke scale of our
Colony to be hereunto aflixcd even the nynetecnth day of
December in the sixteenth yea re of the Raigne of our Sov-
eraignc Lord King Charles &c Aimoqr Dili 16-40. [1-]

The Amivcre 3 of JOHN COGAN of Boston in N E merchant
defend* to the bill of Complaint of RICHARD EOXWILL

All advantages of exemption to the incertainties & insufli-
encies of the said bill of Compl* to this defend* now <fc at all
times hereafter saved this defendant for his answere saith
that whereas the CompP alleageth in his said bill of Complaint

1 Nathaniel Biseo [or Brisco] was a appointed by the Court to settle the
rich tanner of Watertown, selectman affairs of Eaton were William Jennison
later in life, and father of the student and John Bridge. See Mass. Col. Rcc.,
of the same name \vho got into trouble i. 277.

with Nathaniel Eaton. 3 This may have some reference to

2 Nathaniel Eaton was not dead, as the business in which the same names
might from this be supposed, but, on appear in the Note-book, p. 159. Tho-
the contrary, was living in Virginia in mas Gorges was nephew of Sir Ferdi-
a manner very horrible to his New Eng- nando Gorges, and was in New England,
land acquaintances, already described in at York, from 1640 to 1643.

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 36 of 47)