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 40 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 40 of 47)
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but I think the spelling in Leehford is pose he may have become a member of
Holland. He was a shoemaker. Of his the church at New Providence spoken


three yeares from his landing in the West Indies in or neare
the Isle of providence for meate drinke & cloathes. [vacai]

Hugh Dcordall l of Hiiigham millwright <fc John Knight 2 of
Watcrton in N. E. carpenter bound to Will m Knap for 4* 1 s to
be payd in money or corne : 24. Junii 1G41. w th a Counterbond
toJK. [26-.]

The bounds of M Hutchinsons 160 acres 3 bounded on one
syde \\ th Mount Wollaston brooke running up by M^ Tings
house w th the lands of M* Ting & Edmand Quinsey on another
syde & w th a swamp on another sydc and w th a straight lyne
dividing betweene the lands of the said M Hutchinsons & M r .
Ting as now it is layd out being parcell of the great lott here
tofore given the said Will" 1 llutchinson by the Towne of

Knowe all men by these presents that I Sergeant Edward
llutchinson of Boston in New England Sonne & heire apparent
of William .llutchinson of Aquidnecke Hand gent as well by
vertue of one letter of Attorney made sealed & delivered unto
me as his act & deed for his interest as in my owne right &
interest whatsoever doe hereby for & in the consideration of
one hundred pounds of lawful money of England to me in hand
payd & satisfied before the sealing & delivery hereof to the
use of my said ffaihcr it my self c by William Tynge of Boston
aforesaid merchant grant bargaine <t sell unto the said Will
Tyngc all those one hundred and sixty acres of land belonging
to my said father and myselfc lying within the precincts of
Brayntree in New England bounded on one syde w th Mount
Wollaston brooke running up by the house of the said William
Tyngc on another syde with the lands of the said William

of with reprobation by Johnson (ii. ch. 3 For these lands of the Hutchinsons

xx.). see pp. 177 and 212, ante, and Boston

Hugh Dcordall, Newport, 1639 Town Records, pp.7 and 9 ; also cf. p. 37,

(Savage). ante. Edward llutchinson, it will be

2 John Knight, is called a maltster remembered, had returned before this

in Savage, who notes him as being of from Newport to Boston, where he was a

Wntertown in 1635. William Knapp prominent man until his death in King

wa.i also of Wutertown. Philip s war.


Tyngc and Edward Quinsey on another syde w lh aswampeand
on the other syde w th a straight lyne dividing betweene the
lands of my said ffathcr cfc of me and the lands of the said
William Tyngc as it is now layd out And all woods under
woods <t hereditaments thereunto belonging To have & to hold
the said one hundred <fc sixty acres of land & all & singulare
the premises w th the appurtenances whatsoever unto the said
William Tynge his heircs and assignes for ever In witnesse

John Long of in New England husbandman.
aged about twenty foure yeares swornesaith upon his oath that
whereas Mary Lane was to serve Richard Silvester l of Wey-
mouth aforesaid for the space of foure yeares or thcrabouts
from about the beginning of the first moiicth last as this
deponent hath credibly heard, one Edward Pole 2 of Wcymouth
in tlic first moncth aforesaid was Desirous to marry her & to
buy out her time of service aforesaid and in this deponents
hearing did promise to pay unto the said Richard Silvester for
the same two hundred foot of boards and foure pounds in
money or such good commodities as he should like of upon
Midsomer eve next & then the said Pole was to take her away
& marry her/ [1 0]

[215] Mary Sherman 3 came to my wife the twelveth day
of Aprill, 1G41.

1 Richard Silvester, of "\Veymouth, seven children, but not of his wife, who
had come to New England in 1G30. A was named executrix, so that we can-
lew years before this mention, in 1630, not tell with certainty how this matter
however, getting into some trouble with tinned out. Of the difficulty of iden-
the Colonial Government, he sold his tifying this or any other John Long
estate, and shortly afterwards moved to of this period we have already spoken
Scituate, under the jurisdiction of the (p. 113, mite).

Plymouth Colony. 3 Mary Sherman I should like to

2 Edward Pole mentioned must think was the woman interested in
have been Edward Poole, of Newport, Captain Keayne s sow. From an affi-
who, according to Savage, passed most davit of Lech ford s later in the Note-
of his time at Wcymouth (naturally book (p. 234), and various entries in the
enough, considering the attraction), earlier part (pp. 66, 84), it appears
His will (1664) gives the names of that he had relations with Story and


Thomas Rawlins of Weymouth in New England (fisherman
aged about 33. yeares swornc saith upon his oath that in or
about Oct last he heard John King of Wcymouth seaman
undertake unto Thomas Applegate l of Wcymouth planter to
goc in his boate as Master thereof if an other man could be
gotten by either of them to goe w th him the said John King
to help manage the said boate and they agreed together that
the said John King should have his ownc parte of the iishe
taken by himsclfe in the s d boate freight free & that the said
Thomas Applcgatc should have the 4 th penny of freight of
goods carrycd in the said boate and that if the boate or any
goods therein should be miscarryed cast away or hurt by the
ill ordering or laying of the said boate the said John King
should beare the dammage thereof and their words & agreement
were to this purpose.

George Allen of Wcymouth in New England planter aged
about twenty one yeares sworne saith upon his oath that about
the beginning of November last one day late w th in night he
was present in the house of John King of Weymouth seaman
Master of Thomas Applegates boate & there heard the said
John King say to William Newland that he would not stand
to the adventure of the goods of the said William Newland
laden in the said boate if that one hogshead of salt more of
his were put into the same boate, whereto the said Newland
answered that noth withstanding he would have the said hogs
head put into the said boate that night and if the boate were
overladen in the morning some of the said goods might be
againe taken out thcrof or words to that purpose and here-

the Shermans, though lie may not have next year he was discharged therefrom,

been intimate with them. This men- it seems from later entries, where inqui-

tion and that above, (p. 175) scern to ries are made as to certain ]iersons

ine to refer to Mr. Sherman and his drowned from a canoe, that he continued

wife. Savage, however, thinks that the business in 1638, though possibly

the woman s name was Elizabeth. one William Blunter was the regular

1 Thomas Ap]>legut<-, of Weymouth, ferryman at the time (Mas*. Col. Rcc. y

is spoken of once or twice in the Colo- i. 156, 165, 246, 249). George Allen,

nial Record. In 16155 he was licensed John King, and Thomas Bawling were

to keep a ferry between Wcssaguscus all inhabitants of Weymouth at this

and Mount Wollaston ; and though the time, as may be seen in Savage.


upon this Deponent w th others did help put in the said ho<rs-
head that night into the said h;nite & in the next morning the
hoatc did not rise but sunke to that side where the said hogs
head lay and this deponent knoweth that the said boatc did
rise well enough one tyde when the rest of the said goods
besides the said hogshead were in it.

George Carre of Salisbury in N E shipwright releascth
Thomas Coccrey * his apprentice of the remaining time of his
service <fc upon legall & reasonable demand to deliver up his
Indenture, <fc give him his wearing coate an old p of bootes of
his 2 pairc of drawers ct his two paire of old stoekins <t a
wearing shirt.

Thomas Coecrey is to be bound unto G C in 40* Condiconed
that T C shall not intermcdle in ferry on Merrimacko river
w u out the consent of G C at any time hereafter and save him
liarmlesse of all charges <fc dammages w ch may arise & come
upon G C. his executors etc by reason of the said Apprcntiship
except those for phisickc & surgery at Ipswich Newberry <fc
Salisbury. [2*.]

And a release by Thomas Coecrey to G Carre of all accons
demands whatsoever.

2 Elizabeth Blackborne wife of Walter Blackbornc late of
Boston in N E shopkeeper for <fc in the name of her said hus
band by vertue of a letter of Attorney to her made by him
dated <fcc selles unto Francis Lisle 3 of Boston aforesaid

1 Thomas Coccrey is the nearest to Blackborne, about to sot otit for Eng-
the MS. that I have been able to get land in the " Desire," as well as a
for this man s name, hut no name with mention of the deeds in the Note-book.
any resemblance thereto is to be found 3 Francis Lisle was a barber and sur-
in Savage. George Carr was an Ips- peon of Boston. The lot of land here
wich man originally, but moved to spoken of was on Washington Street,
Salisbury with the first settlers of the very nearly opposite the spot where the
town. He was then a person of some Old South now stands. He had also
esteem, married, and having children. a lot in the new Held. A\ ith several

2 This transaction is noticed in AV/r. other New Knglanders lie went to Old
7>rrf.<? (vol. i. p. 20\ where may be found England during the Civil War, wh To he
the letter of attorney and will of Walter served as surgeon in the Karl of Man-


barber the dwelling house <t shopp with outhouses garden &
2 acres & halfe of land in Gentry field of the said Walters
forever in fee simple for 401 by Articles of agreement to he
payd 101 a ycare upon or before every tenth of December first
payment to be 10 10 bri3 1641 at or in the dwelling house of
Richard Ilutchinson situate in Cheapside London knowne by
the name of the signe of the Angell <fc Starre provided that if
30 or 40 1 the portion of Elizabeth Sutton daughter of [blank-]
can in the inoane time be recovered the same shall be paid in
discharge of the p r mises.

The hangings of the parlor to goe w th the house. The house
to be bound <fc the money to be payd in commodities merchant
able in England if money fayle. [5s.]

This Indenture made the eighteenth day of the third moneth
Anno Dili 1641 betweene Elizabeth Blackborne wife of Walter
Blackbovne late of Boston in New England shopkeeper for and
on the behalfe of her said husband of the one parte and Francis
Lisle of the same barber of the other partc witnesseth that
wheras the said Walter Blackborne by his deed under his
hand & scale dated the two & twentieth day of the first moneth
last past sealed in the presence of Thomas Miller & Thomas
Fowlc give unto the said Elizabeth Blackborne full power &
authority to sell & dispose as she should think fitt all such
houses & lands among other things as did belong unto the said
Walter Blackborne as more at large by the said deed recorded
[216] by the Recorder of Boston aforesaid it doth <fc may ap-
peare Now witnesseth these presents that the said Elizabeth
Blackborne doth hereby for & in the bchalfc of her said hus
band give grant enfcoft e & confirmc unto the said Francis
Lisle all that the late dwelling house & shop new built of the
said Walter Blackborne & the garden thereunto adioyning &
two acres halfe of land thereunto belonging lying in Gentry
field with the appurtenances and the hangings of the parlor

Chester s life-guard. He returned to his Dictionary, and Lioll in his edition

New England, however, in 1646. See of Winthrop. It is Lisle in the printed

Winthrop (vol. ii. p. 245) and Savage. Suffolk Deeds, and very clearly Lisle in

The name is spelled by Savage, Lyall in the Lechford MS.


of the said dwelling house To have and to hold the said dwell
ing house & shop garden & land and all <t singularc the
premises w tb the appurtenances unto the said Francis Lisle
his heires & assignes for ever Upon condition that the said
Francis Lisle his heires executors administrators or assignes
shall & will well & truly pay or cause to be payd unto the said
Walter Blackborne his executors administrators or assignes
the suminc of forty pounds of lawfull money of England or els
the full value thereof in goods <fc commodities merchantable
in England at or in the now dwelling house or shoppe of Rich
ard Hutchinson lincndraper situate in cheapside london called
by the name of the signc of the Angell & Starre in manner &
forme following that it is to say ten pounds on or before the
first day of the third moneth next ensuing the date hereof ten
pounds on or before the tenth day of the tenth moneth w ch
shall be in the yeare of our Lord 1642. ten pounds on or
before the tenth day of the tenth moneth w ch shall be in the
yeare of our Lord 1643. And ten pounds on or before the tenth
day of the tenth moneth w ch shall be in the yeare of our Lord
1644. Ncverthelesse the said Francis Lisle doth hereby grant
unto the said Walter Blackborne that if 30 or 40 1 the portion
of Elizabeth Sutton can be in the mean time recovered that the
same or so much therof as will suffice shall be payd over unto
the said Walter Blackborne his executors adm rs or assignes in
full & present discharge of the premises or so much thereof as
shall remaine unpaid at the time of such recovery In witnesse
&c sealed before M* Edward Hutchinson myselfe <t John Biggs.
Foure billes of 101 a peece to be sealed unto the use of the
said Walter Blackborne to be payd as abovesaid dated & sealed
before the same witnesses.

3. 20. 1641. A medicine for the whites & immoderate flux of
the courses by IK Morlcy Scabies one handfull raysons of the
sun stoned one handfull wood sorrell one handfull white wine
halfe a pinte a nutmeg grated one parsley roote sliced straw
berry leaves halfe an handfull hartshornc filed boylcd together
softly in a quarte of running water one houre strayned & sweet
ened w tb sugar to be taken betweene meales as a julip wanne.


The Case of Barnabas Davies viz* betwecnc John Woodcocke
by his Attorney M r . Edward Holliokc plaintiffe against y said
Barnabas Davies in a matter of the nature of an accon of
aecount as the bayliffe servant & Attorney of the said John
Woodcocke it bctwecne the said Barnabas Davies plaintiffe
against y e s d M 1 : Holyokc Attorney for the said John Woodcocke
gent for the reasonable expenses & dammages of the said Bar
nabas upon the Statute of West mr 2. 10 th or 11 th \v ch enactetli
that as all bayliffes & servants ought to account before Audi
tors make speedy agreement so that the Auditors allow the
accountants their reasonable expense <fe costs <fcc. The causes
came to tryall & hearing as a crosse suit one party against
the other in the Court at Boston the second day of the first
moncth 1640 or 41. [os.]

Edward Hall 1 of Duxbury in New England Carpenter &
late of Henborough in the County of Glouc r bonnd in 30 1 to
John Pollard to pay him IGl 4 7 d upon the 9th day of
October next ensuing dated 3. 21. 1641. the paym* to be made
at the Tolsey in Bristoll. scaled coram me. [Is.]

[217] 2 The said John Woodcocke by his Attorney the said
M* Holliockc demands an account of the said Barnabas Davies
for 150 1 received by him for certaine cattell w cb belonged to
William Woodcocke brother of the said John and forthehalfe
of the profitts of two carpenters service the joynt servants of
the said John Woodcocke & Barnabas Davies & for some other
moneys received by the said Barnabas to the use of the said
John Woodcocke.

The said Barnabas accounted shewing that w th the said
1501 ho bought other cattell & afterwards exchanged them
for six oxen fc a carlo w ch he was <fc is ready to deliver unto
the pl ts said Attorn 7 whereof and of the profits gained by

1 Edward Hall, of Duxbury, is noted * This written opinion of Lcclifonl

in Savage and in NVinsor. Ho was on the Barnabas Davis case does not

later of Tannton, then of Bridgewater, throw any additional light on the state-

and left the Colony a debtor in 1652, ments and affidavits of pp. 204, 210,

says Win.sor. and 211, though it is a good summing np.


them ct liis charges about all the said cat tell ct moneys re
ceived the said Barnabas makes his reasonable account, tt for
the said carpenters service it the profits thereof In; saith lie is
rcdy to allowe hali e the profits thereof to the said John Wnod-
cocke provided that he beare halfe charges concerning them
according to equity, as appcareth by the account of the said
Barnabas exhibited into the Court. Barnabas Davies in his
suit demands allowance of his reasonable charges and payment
of his sallary or wages for his services voyages ct travailes
undergone as well for the said William as for the said John
together w th recompense for certainc dammages as appeareth
in the said account and alleadgeth that (>4 i 10 9 10 d or ther-
abouts is due unto the said Barnabas for his said charges &
sallary besides the said dammages.

The Court was clearc in this that the said Barnabas was in
equity to be payd for his service ct travailes undergone as well
for the said William as for the said John <t all dammages
chargeable upon either in as much as the same estate was first
Williams ct by him conveyed to his said brother John and that
the said Barnabas was imployed by both of them.

The Jury gave a speciall verdit w ch is entered to this effect
that the said Ml Edward Holliockc for the said M* John
Woodcocke shall have all such money goods ct cattell as shall
be found M* Woodcocks ct halfe the carpenters & 10 s costs &

what \ti ftvo words of untranslated cipher hereA

and M* Holliockc is to give the said Barnabas Davies what
shall appcare due upon a hist account and he to have dammage
for his money since demanded & M* William Tynge & MF
Thomas Lechford were appointed Auditors. Whereupon M*
Ilolyoke demands ct Barnabe Davis delivers the said six
oxen ct carte to the said M* Ilolyoke according to the said ver
dict ct order. At the day appointed for the audit the said M*
Ilolyoke demanded the account to be examined oncly about
Barnaby Davis his agency for John Woodcocke ct saith that
was the meaning of the Court Jury verdict ct order and
allcageth that he the said M! Holyokc thinks any accompts
for William Woodcocke deceased were not to be agitated till


he heard from England about William Woodcocks dealings
w" 1 Barnabe Davies or to this effect.

Barnabas Davies alleadgeth that he conceives the Court
intended that his account should be heard both for William
Woodcockes & John Woodcockes occasions & services done
by the said Barnabas Davies and is unwilling the Auditors
should proceed unlesse M r . llolyoke will yeeld thcrto which he
denying ut supra the said Auditors certify that they con
ceive thereupon (<fc not finding Will m Woodcocke mentioned
in the said order of Court or verdit) that the service expected
from them could not be effectually accomplisht.

Questions hereupon.

1. Whether or no the Court & Jury by the said words in the
verdict that M* Ilolliocke should give Barnabas Davies what
shall appeare due upon a just account did not intend the said
Barnabas Davis his account touching both the said brothers
William <t John Woodcock ?

2. Whether or no it be equall that Barnabas Davies being
now out of possession of any parte of the estate equall in any
measure to his demands be stayed from his remedy till infor
mation be had from England from 1 knowe not whome nor
when nor by whome.

[218] Having perused the case of Barnabas Davies and his
account & all things thcrto belonging w ch he hath shewed me
I conceive opinion that the verdit might have bin made by the
Jury or at least entered more certaine & plaine than it is yet
doc not doubt but the Court will adjudge it to be just & equall
1hat the account ought to be heard and allowed as well for
William as John Woodcocks services & that Barnabas Davis
shall have his speedy reasonable allowances <fc remedy accord
ing to the equity of Ihc Statute of Wcstm r 2. 10 or 11 th and
so had Joseph Bachellorhis present allowances against James
Brocke Attorney for M r Paramor 1 of the Isle of Thanet allowed
here in New England, upon the account, and divers actions
have bin brought here against the Attorneys & Agents of
others in England & recovered without stay to heare the par-

1 See ante, pp. 75, 76, 79.


tyes ownc answcrc out of England. Ncvcrtliclcssc I thinkc it
equall that if hereafter M* Ilolyoke can shcwe any discharge
or acquittance which will cutt off any partc of Barnabas Davis
demands that then he should repay the same & give security
so to doc. Furthermore to give what light I may to the Audi
tors or Jurors that shall hereafter deale in this businesse <fe
for the better & more speedy ending of the same I thinke good
to deliver my opinion in some other particularcs incident to
the cause. And first I doe conceive that Barnabas Davis being
a servant bayliffe & Attorney for M? Williaan <fc M* John Wood-
cocke is to be believed in his account for all voyages travailes
services costs & charges receipts & disbursements by him
made for them unlcssc they or their Attorney M^ Ilolyoke can
disprove the same, especially if the said Barnabas Davis de
liver his said account upon his oath & so was the said Joseph
Bachellor believed in his account for it would be an infinite &
allmost impossible worke to prove every particulare by wit
nesses remaining both heerc <fe in England dispersedly besides
servants are by their masters trusted from the beginning of
their imployment & if they doe deceive their masters they are
in fault to trust such servants <t therefore it must be presumed
the servants are faithfull els their masters would not trust
them : Neverthelesse Barnabas Davis should doe well to make
as good proofe as he can.

Secondly I conceive that. if Barnabas Davis cannot prove
what in particulare his sallary should be that the same ought
to be assessed by the Auditors or by a Jury so it be not above
his demands.

Thirdly that if Barnabas Davis canne prove that besides his
said sallary he was to live upon M* William & Mr John Wood
cocks plantation to improve the same for them as their bayliffe
or Lessee for such other consideration as should be thought
equall, then because he hath bin hereby hindered five ycares
from planting for himselfe in this Country T conceive his
(laminates herein also are to be assessed by the Auditors or a
Jury so it be not above his demands for no man can thinke it
reasonable that Barnabas Davis should mannagc a ffarme of 400
acres w th stocke thereon oncly for 4 9 a wceke sallary accord-


ing to w ch rate onely lie hath demanded for his sallary being
as it seems the originall agreement \v th M^ Will m Woodcocke
that 4 s a wccke was to he Barnabas Davis his wages till the
ffarmc should be recovered & that was to be upon the second
voyage at latest & ullthough then it were not recovered nor is
yet notwithstanding now M r . John Woodcocke hath recovered
dammagcs for the same and thcrfore Barnabas Davis is to
have his dammagcs also. Nevertheless because M? John
Woodcocke is not yet in possession of all that he hath re
covered & the estate is much impaired by the fall of cattle <fcc
the Court will no doubt have consideration hereof in mitigat
ing the dammages & so direct the Jurors or Auditors that shall
have to deale herein.

Fourthly that if Barnabas Davis can prove that before Mf
Holyokes accon brought he offered to agree w th him on reason
able terms & to deliver him the oxen & carte iHie would pay
& allowe unto the said Barnabas what should be found his due
then I conceive the said 10 s costs given against him are to be

Fifthly upon the same ground I conceive he is to be dis
charged of any pretence of dammages for any supposed im-

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 40 of 47)