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 37 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 37 of 47)
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these pages. The other commissioners


that he was forced to enter into the bill obligatory mentioned
in the said bill of complaint this defend 1 saith that he did not
in any unjust manner force the said Comp 1 * to enter into the
said bill obligatory but fairely required him to performe his
former ingagement to this defend* for the same under his the
Comp lta ownc hand writing to this defend 1 made <fc delivered
the sixt day of January Anno Dni 1032 as by the same
appeareth And whereas the said Comp 1 * in his said bill of
Compl* saith that the said goods & commodities by him
received of this defend* whereupon the debt in the said bill
obligatory grew were unserviceable & not useful in the Coun
try and lay long on his hands this defend 1 saith that the most
of them were knives & some other things there were amongst
them w cb this defend 4 thought by advise to be best for the
Country and about those times this defend* hath bin informed
that two or three knives would have traded for a beaver
skinne and this defend* saith that the said goods being sent
in November 1629 this defend* comming himselfe about two
or three yeares after that into the Country would willingly
have received the said goods again if the said Comp 1 * had not
traded them away and for anything I know for two or three
hundred weight of bever And therefore this defend* saith
that he hopeth it standeth w th equity & good Conscience that
he should have and recover from the said Comp 1 not only
the iust debt in the said bill obligatory specify cd but all his
dammages [199] lost by the not payment and deteyning of
the same w ch comes to 15 pounds above the said debt All
w ch matters this defend* humbly offercth unto the wor 11 Thomas
Gorge Esq r and the rest of the wor 11 Commissioners for the
Province of Mayne and all every Competant Judge Chan
cellor & officer therein the Court of Chancery there estab
lished to aver & prove as the said Court shall award and
prayeth to be thence dismissed w tb his reasonable costs &
charges in this behalfe susteyned. [2-0 Letter 6]



JOHN COGAN merchant Pit. ~\ in an action of

JOHN BIGGS, WILL M TALLMAGE, Defend" J upon the case.

The said John Cogan complaincth against the said defend 18
for that whereas heretofore he did reteyne the said Thomas
Symonds to doe a parcell of Carpentry worke for the said pit
to he adioyned unto his dwelling house 1 in Boston aforesaid
for 80* and the said Thomas Symonds made the low huildings
adioyning to the said dwelling house as now they are heing
not so much in worke as hy the first agreement and hargain
he was to performe viz 1 a [ %Me] next the garden there and
therefore the said Comp u being not willing to pay the said
Thomas Symonds the said whole summe of 80^ for the said
low huildings there grew a difference betwecne him and the
said Thomas Symonds about the worth of the Carpentry worke
of the said low buildings whereupon the said pit and the said
Thomas Symonds agreed and did submit themselves touching
the same to the arbitrement of the said Nathaniell Woodward
John Biggs & Will Tallmage and bound themselves each to
other in one hundred pounds to stand to their award in the
premises \v ch the said p u was the more willing to doe because a
sufficient and skillfull carpenter had viewed the said carpen
try worke and valued the worth of it at but forty six pounds
hoping therefore that the said p u should have had some good
abatement of the said 801 allowed him by the said Arbitrators
But the said pit saith that the said Matter being so referred
to the arbitrement of the said Arbitrators as aforesaid they

1 John Cogan s house and shop was settlers of Boston, having lived in the

next to Mr. John Wilson s land, on the town since 1630, with some little time

corner of State Street and Washington spent at Ipswich. He was disarmed

Street. Nathaniel Woodward here men- with the rest in 1637. Besides living

tioned may he the surveyor and mathe- at Ipswich, he spent a few years at

matieian of that name (Mass. Col. Rcc. t Dorchester, and also at Exeter ; but was

i. 323, 333), hut was more probably his a member of the Artillery Company in

son, of whom little enough is to be found Boston in 1611.
out. John Biggs was one of the early


the said defend* 8 all of them unlawfully conspired together to
defraud the said pi* and to draw from him for the said worke
a greater siimme of money than the same was truly worth
and thereupon by Conspiracy as aforesaid the said Nathaniell
Woodward John Biggs and Will Talmage awarded that the
said pP should pay unto the said Thomas Symonds for the
said Carpentry workc [200] the summe of 140* and thereupon
the said Thomas Symonds seeing the same was unjust abated
20* and the sayd pi* payd him the rest being 1201 w oh he was
obliged to pay as aforesaid although the said worke was not
ncare worth so much as the said 120 1 As by certificate un
der the hands of other indifferent Carpenters by appointment
of Authority certified it appeareth to the dammage of the pit
50 1 and thereupon he brings his suit.

A letter of Attorney to myselfc to follow this suit [0 4d.~\


JOHN COGAN of Boston merchant pl l ^

MATIIEW ALLEN 1 of Hertford vpon Con: [in t rs upon y case,
gdn dcf 1 \

The said John Cogan complayneth against the defend 1 that
whereas the said p u is and ever hath lived from his nativity
hitherunto a man of good name & fame and a faithful! sub
ject to his Ma tic and gaincth living for himselfe & his family
by trading <fc merchandizing all w ch is & was well kuowne to
the said defend 1 lie the said defend 1 in malice & evill will
against the said pP going about utterly to destroy & takeaway
his the said pl ts good name and fame and consequently the
meancs & livelihood of the said pl fc & his family having con
ference in England this last summer w th certaine merchants
viz 1 M! Thomas Harwood & James Garnon w th whome the plain-
tiffe hath formerly had & now hath dealings w th concerning the

1 Matthew Allyn had l>een of Cain- scntativc and afterwards assistant from

bridge, was representative in the Gen- 1648 to 1667, and twice commissioner

eral Court in March, 1636, after which for the United Colonies. He appears in

he moved to Connecticut, where he was the Note-book later (p. 226) in as disa-

held in high estimation, being repre- greeable a connection us the present.


said pi* did utter and spake out then of the said pi* these false
<fc scandalous words viz* Mr Cogan is a troublesome man and
that he the said defend 1 would not deale w th him meaning the
said pi* for halfe the cattcll meaning the cattell then in ques
tion being worth above 5001 and further that the said pi* was
so troublesome that every Court in New England he was sued
or did sue or words to that effect And that afterwards in this
Country even in time of the last generall Cort before divers
of the Magistrates & other the Kings subjects the said Mathcw
Allen falsely & maliciously again iterated uttered and spake
the said false & scandalous words or to that effect And
whereas afterwards the said pit offered the said defend* that
if he would publiquely give him the said pi* satisfaction by
acknowledging the said defend* spake the said false & scan
dalous words in passion and not upon due consideration then
the said pi* would passe by & remit the same the sayd defend*
persisting in his said malice affirmed that he spake nothing
but the truth &, upon consideration [201] so that the pi* is
thereby greatly hurt and danmifyed in his good name & estate
and that both w th his M tic8 subjects in England and also in this
Colony to the Pit 8 dammagc 5001 & c . [1 Rec of M? Cogan
towards these last writings comming to 9% 5 s in money the
rest to be p d in eomoditics.]

A letter of Attorney for Mf Athcrton Ilaugh of Boston in
new E. g against M? Nath Eaton for 81 10 8 to M r . Thomas
Owen 1 , and an affidavit 4 Sept 1689 Censure, about 4 or 5
weekcs b 101 delivered to Mf Eaton before hand. [1 G]

Ric um Parker bound to Philip Gibb to the use of Thomas
Ilarwood & James Gammon merchants for 1541 3 8 10 d
ob to be payd in Boston 11 Junii px dat 11 Sept ult. double,

John Cogan bound to Philip Gibb &c in 19G* 19 9 2 d . [ G]

1 Mr. Thomas Owen was nt this those who have read all about the John
time either in Virginia or about to Stratton business above,
travel there, as may be remembered by


^Samuel Ilaugh of Boston in New England aged about 19
ycarcs sonnc and hcire apparent of Athcrton Ilaugh 2 of Bos
ton aforesaid gent sworne saith upon his oath that his said
ffathcr having heretofore placed him this deponent a scholler
to be taught by his late master Mf Nathaniell Eaton at Cam
bridge in New England and to be boarded in house w th him
for the reward of sixteene pounds by the yeare unto the said
Natha : Eaton to be payd quarterly by equall portions before
hand that upon or about the last day of July Anno Dili one
thousand six hundred thirty and nyne this deponents said
father upon the said Nathaniell Eatons letter hereunto an
nexed to his said father directed <fe delivered unto the said
Nathaniell Eaton not only one quarters payment being foure
pounds as he himsclfc told this deponent but sent him six
pounds more by the hands of this deponent delivered unto
the said Nathaniell Eaton so that lie had in all upon the said
letter ten pounds and this depon* saith that after that lie
abode as a scholler & boarder w th his said master Nathaniell
Eaton about foure weekes being so much time as came to the
sum me of about nyne and twenty not fully thirty shillings to
be allowed to the said Nathaniell Eaton for the same so that
he owcth unto this deponents said father the full sum me of
eight pounds and ten shillings at the least, the remainder of
the said ten pounds.

3 Memorandum it is agreed betweene the parties within
written that if the Indian cloathcs within mentioned come
to be sold by the within-mentioned Samuel Hutchinson and
Thomas Savage their executors adm or assiimcs for satisfac-

1 Those who feel an interest in rom- Cotton, and arrived at Boston on hoard
paring the early administration of Htr- the "Grifh n," of three hundred tons,
vard College with the more recent will S<-pt. 4, 1633, in company with Mr.
find it worth while to compare here Cotton, Mr. Hooker. Mr. Pierce, and
Savage s note to Winthrop (vol. i. p. 310). Mr. Hayries. He was a man of great

2 Atherton Hough, the father of consideration in the town, being chosen
Samuel, was, before, he came to New assistant in 1635, and many times
England, mayor of Boston in Lincoln- deputy to the General Court. He died
shire. He left that town, however, in in 1650.

1633, on the example of the Rev. John 8 See ante, p. 197.


tion of the moneys within mentioned they and every of them
shall take the advise of Captaine Ed G in the s d sale & the
surplusage of the moneys arising for the same cloathcs sold
beyond the within-mentioned summe of 113 1 and the just dam-
mages for the same shall belong and be payd unto the within
mentioned Thomas Owen his executors administrators or

[202] Joseph Armitage J bound to John Pollord to pay
7 1 11 s 4 d 12. 12. 1640 in money or beaver merchantable.

Mf Thomas Owen makes a Letter of Attorney to Captaine
Edward Giboncs to receive <tc. all moneys due to him or to
be due from any person or persons whatsoever. [Is.]

John Chandler 2 of Boston shoemaker placcth John Chan
dler his sonne Apprentice unto Will Webb of Roxberry baker
his executors adm and assigncs for seven yeares from the
29 th of September last for to be instructed in the trade of the
Baker and to have meatc drink & clothes washing & wringing
and in the end of the terme double apparell & 20 3 in money?
before myself. [1-6]

M* Thomas Owen of Boston merchant & ,

Afr Tin r v> i doe hire of Joseph

M* .John Cogan of Boston merchant

Graft on 3 of Salem in New England marrincr his Catch called


the Endevor of Salem for a voyage from New England to
Virginia w th three men a pilott and a boy w th tackling well fur-
nisht to touch at such ports & places by the way as they shall
direct and in Virginia attend upon their occasions till they

1 Joseph Armitage, of Lynn, kept the Joseph firul ton, of Salem, was a

first inn in the town, says Savage, busy merchant and sailor, and mention

though lie A\as a tailor. of him as well as of his ketches may be

- John CluindhT Avas allowed a towns- found in Win thro p (vol. i. )>. -17, and

man of Boston May 31, 1047. Besides vol. ii. p. 3:3 J). Cotton Mather relates

this mention of him there is nothing in his Wonderful Deliverances the story

to he found either of him or of his of the escape of Joseph Graf ton in his

father, though several of the same name ketch the " Providence." In regard to

may he found in Savage. the " Endeavor," see p. 224, post.


can provide a ffreight back*; provided it b<3 before April! next.
And his pay to be 40 1 ,p inoneth to begin from the seven
teenth day of December instant to be continued till his vessell
returne it be discharged of her freight. [8-]

Robert Braddish l of Cambridge places Hannah his daugh
ter apprentice unto Thomas Hawkins for 4 yearcs from this
till the end of 4 y cares from 25 March next, or to Hannah his
wife meat drinke <fc cloathcs & double apparel I in the end.

Richard Sanford 2 of Boston in N E planter doth place
his sonnc John Sanford apprentice to Joseph Armitage of
Lynne tayler for G y cares from this day 14. 11. 1040. Pyet <t
cloathing and at the end of the terme double a])parell it 5 l pro
vided that the youth be not turned over w tb out the consent of
his said father his executors or ass*. [1-0]

Bayen. Noughcha. John Saggamore of Merrimacke 28. 11.

Articles of agreem* betweene Captaine Sedgwicke & Mf
Oflley for 50 merchantable been vinegar for 35 s a h &
3 (1 p l of the caske. to be rcdy 0. 1. 1041. dat 11. 28. 1040.
[r Is. tid. Mi" Ofllcy owes 0/7. or 9<7. for the Cap 1 gave me 3c7.]

M r ! 3 Richards owes me for a peticon. [2. 0.]

Joseph Armitage of Lynne Inholdcr bound to Henry Symons
merch 1 in 33* 19 3 5 d to be payd 25. 1. px dat 29. 7. 1040.

3 Thomas Joy hath an account against M* Robert Kcayne
for Doing the Carpentry worke of a Barnc at M Keaynes

1 Robert Biadish. Hannah was same name) who kopt an inn in his

daughter of Robert Bradish by Mary latter days, says Savage.

his lirst wife, who died September, 1638. 2 "Richard Sanford, Boston, 164.0,

The Thomas Hawkins here mentioned laborer . . . had possibly sons John

was most probably the baker (to be dis- and Robert " (Savage).

tinguished from the merchant of the 3 See p. 162, ante.


house at Rnmncy Marsh <t for setting up & finishing the same
being of 72 foot in length & 26 foot wide & 10 foot high w th 2
porches each of 13 foot wide one way <fc 12 another for w ch the
said Tho : J alleageth he ought to be payd so much as the Car
pentry worke thereof is worth and he saith that the said worke
comes unto in value as followcth in particulares viz 1 the fram
ing of the said barne 30 1 the sawing of thereof 17 l . The felling
[203] crosse cutting & squaring of the timber 15 l and more
the rearing up of the barne by him & his servants 7 1 the clap-
boarding of the barne ll 1 5 s for boards 4 1 16 s for laying of 600
of boards over the porches 18 s for making of 4 pay re of great
doores & hanging of them 2 1 for making of two paire of stayres
6 s for making of 4 little doors 6 8 for laying the barne floare
w tb plancks 600 I 1 10 s for putting on gutters upon the barne
I 1 10 8 for ferryage of him and his servants 2. 10 3 for losse
of time in going and comming 4 l w ch commes in all to 98 l l 9
[30. 15. 15. 7 11-5 4-16 -18 2-0 -6 -6 1-10 1-10 2-10
4-0 86-1.]

M* Thomas Joy this day gave me his fowling peece upon
condicon that I should hereafter write it out for him if he had
occasion, my wife being present. Formerly I writt for him a
paire of Indentures betweenc him and M? Bellingham 3 s 4 d
Another writing when he was sicke about M* Keaynes account
of Wares delivered him 1 s 6 d and lastly this accon drawne.
I 8 6 d 12. 14. 1640.

Write to Mr Comfort Starre at Duxbury for a quarter of a
pynt of henbane seed and a quarter of a pound of hemlock
seede for G. <fcc.

To the riylit war 11 the Governor Council $ Assistants


The petit-oners shewe that whereas they having bin here
tofore inhabitants in Charlestownc and could not there have


accommodation to live comfortably they were forced to crave
leave of the Cort to build and plant upon Mystickc sydc w ch
they did by the leave of the Court af ores 1 and have expended
a great partc of their estates therein, Some of the Townc
endeavoring to straighten the petitioners and to hinder others
from comming to them as they say have procured divers orders
to be made in the Townc meeting w ch to the petitioners are
very prejudiciall and they thinke unreasonable vi/ fc that any
of the petit-oners shall pay for every swine taken in the marsh
2 9 G d a tyme besides the dammage, whereas the orders for the
townc are but to yoake & ring the swine or els to pay double
dammage. 2 ly whereas yo r pcticoners cannot live to pay rates
to Towne. <fc Country except they have some convenient com
mon allotted them to keepc some cattell about them, their
said opponents have procured a townc order to be made for
the making of a common fence a great way from yo r pcticon
ers houses w ch will not keepc out swine and yet would have
the pcticoners contribute and afford wood to the said com
mon fence w ch yet tends to their undoing, whereas the fence
is made for the present only to defend the Townesmens
inedow ground w ch the pcticoners were willing to joyne w fh
them so they would only have fenced in the medow and
left the potic-oners convenient common. These things yo r
petit-oners humbly desire the Court in their wisdomc to con
sider and to order .that they may have a convenient com
mon allowed them and may have cquall rcmcdic in their
said greivances And they shall as their duty bindcs them
pray for yo r wor pps . [2 G]

To the right ivor 11 the Governor Oouncill <r Assistants.

The Answere and humble pcticon of JOHN ASKEW of
to the, mit of EDWARD WiNSLOW 1 of Salixlniry c

This defendant saith that whereas the Complainant de-
mandcth of him this deP 15* w ch he passed his word for in the

1 Ed \vard Winslow was at this time scntative from that place. Savage
commissioner to decide small cases at thinks the name must, have been Wens-
Salisbury. He was afterwards repre- ley, but I can hardly believe him right.


bchalfc of one John Upton, the case standeth thus, this defend 4
was heretofore retcyncd h} 7 one Thomas Bendight of Yarmouth
in the County of Nor f to serve him 4 yeares, who not over into
New E himselfe made a letter of Attorney to the Cornp" giving
him power to imploy this defend in the said Compl 13 owne
service, Whereupon this defend 1 did serve the said compl 4 three
quarters of a yeare in w cb time this defend 1 did earne as much
money for the said com])! 1 as payd for this def ts passage, After
wards this dcf 4 desired that he might huy his time and not be
sould to any other as the said Comp u had done most of his
other servants, the said Compl 4 therefore demanded of this
defend 4 25* for the remainder of his said time being 8 yeares
and a quarter w ch this del 1 was then willing the times being
then quickc money plcntifull to give him rather than to be
so sould, w ch 25* the said defend 1 hath since payd the pl l in
money howbeit this defend 1 humbly concciveth it was more
tban in equity the Comp u could demand of him and was [204]
10* more than he sould any of his other servants for yet so it
might please yo r wor pps that the said Compl 4 having made this
defend 4 price of 25 1 for his time as aforesaid took a moncths
time to consider of the bargain before he would consider it in
\v ch lime the said John Upton another servant of the Comp lts
likewise desired to huy his time w ch was valued by the Compl*
at 15* And when the said moncth was expired the said pi 4
would not take the said 25* of this defend 4 unlesse he would
passe his word for 15 l for the said John Upton w ch to pur
chase his liberty this deft ycilded to doe Now this dcfendt
shcwcth that he having payd the Cornpl 4 15* the last summer
and 10 l the ycarc before the same hath caused yo r peticoner to
run into divers debts and yet now the said Compl 4 demands
the said 15 l of yo r peticoner for the said John Upton w ch this
pctieoncr is no way able to pay being much indebted and w ch
in equity he allcageth he is not bound to pay Yo r peticoner
humbly praycth yo r wor pps in tender considcracon of the prem
ises to sett down an order for the discharge of yo r peticoner
concerning the said 15* and this peticoner leaveth it to yo r
grave consideration whether you will please to order the said
Comp 14 to pay this peticoner backe any parte of the said 25*



And this peticonor humbly ])rayeth tliat the said pit may he
injoyned to stand to the order of this Cort in the premises as
this defend 1 humbly suhmitteth himself also to the award &
iudgment of the Court & he shall as he is in duty hound pray
for yo r wor p9 .

To the right wor 11 the Grov nor Council <f ASK"

T7ie Answere peticon and account of BARNABAS DAVIS of
Charles Towne to the demands of M* JOHN WOODCOCKE.

Barnabas Davis l shcweth that about 2 ycarcs before the
Pequid wnrre lie was reteyned by M. r Will" 1 Woodtiockc to
come over into New England to lookc to his affaires heere that
he landed at Boston and after that w th in ten daycs went on foot
to Connceticott where Francis Stiles was to build a house for
Mr Woodcocko & impale him 400 acres of ground that this
was in the beginning of the plantation there whereby this
Accountant indurcd much hardship When this accountant
come there the said Stiles was gone for England having before

1 Of Barnabas Davis, whose suit
against John Woodcockc occupies many
pages in the Note-book, nothing seems
to be known except that he came in
the " Blessjng " in 1G36 to Charlestown,
and that ho afterwards was a tallow-
chandler by trade. Of the Woodcoekes
nothing can be found in New England,
naturally enough, as it does not directly
appear that they were ever there. There
was a John Woodcocke of Springfield
in 1G38, but I do not believe him to
be the one here mentioned. Francis
Stiles and Edward Holyoke (or Hol-
lioke here spelled) are, however, easily
identified, and much of their history is
known. Stiles came to Connecticut very
early, was at Windsor in 1636, and after
wards lived perhaps at Say brook for
some time, but died at Windsor in 1653
or thereabouts. He was engaged in
Connecticut, among other things in
work about the estate of Sir Richard

Saltonstall with Robert Saltonstall. the
younger son of Sir Richard. His man
agement could not have been very effi
cient, for he involved the Saltonstalls in
much financial inconvenience. Edward
Holyoke owned land in many towns,
but lived chiefly at Rumney Marsh. He
was frequently representative to the
General Court, often, Savage thinks,
from towns where he only held property.
His family lived in Springfield after
wards ; and from the fact that John
Woodcocke is noted in Springfield in
1638, I should not think it improbable
that Holyoko lived there, for a time.
He died in 1660.

The whole case admits of very little
illustration. The best thing for the
reader to do (if he be in any way inter
ested), is to refer to an opinion delivered
by Lech ford which may be found in the
Note-book, p. 216.


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 37 of 47)