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 41 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 41 of 47)
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paire of the estate since M? Holyokes letter of Attorney
shewed to Barnabas Davis : for that it is both law & equity
& so declared by the said Law of Westm r the second that
Accountants in w ch number are Bayliffs receivers chamberlains
servants &c are to be allowed their reasonable expences &
costs & therefore that this case differeth from crosse debts &
accons at Lawe betweene party & party where stoppage is no
payment, yet by course of equity such stoppages are often made
[and may bo [219] levyed in the Sheriffs hands redy to be
delivered to the party yet if the defend 1 shcwe the King in
Chancery that the plaintifc is departing the Kingdome and
that the defend 1 hath no means to recover his debt of the pltiff
when he is gone : the Court will in some cases award a ne
exeat regnum & cause the Sheriffe to bring in the money into
Court all w ch is but cquall & oftentimes in practise. all
between these bracket* crossed out.] Sly all dammages for and
about these businesses of Will & John Woodcocke are of



LECHFORD S MANUSCRIPT NOTE-BOOK. 401

the nature of expcnces unto Barnabas Davis if not expense
of his money yet of his time & other losses as precious as
money and therfore M* Holyoke could not say to Barnabas
Davis render me an account for John Woodcocke & recover
your owne as you can.

Sixtly I conceive that although the verdit be that M r Holy
oke shall give Barnabas Davis what shall appeare due upon a
just account yet that M r . llolyoke is not chargeable herewith
out of his owne estate but out of Mr John Woodcocks & such
as are or shall come to the hands of the said Mr Holyoke.

Seventhly that if any of the cattell dye or be dead in M?
Holyokes hands w th out his default he is neither to answere
them to John Woodcocke nor Barnabas Davis.

BOSTON 3. 26. 1641.

All which at the request of the said Barnabas Davis I have
made bould to deliver as my opinion in the premises the rather
because I desire not to be further interested in this matter
which neverthelesse I humbly submitt to the Judgment of the
Court.

THO : LECHFORD.

Robert Saltonstall 1 gent bound to Beniamin Keayne gent
to pay him as much money as two stecres w ch he is to have of
Captaine Edward Gibones by appointment of the said Robert
Saltonstall shall come shorte of twenty pounds in value w th in
three weckcs after the date hereof dated 3. 28. 1G41.



Thomas Purches 2 of Pagiscot gent makes a letter of At

torney unto M? John Olliver g Thomas Lechford g George

1 Robert Saltonstall was at this time own and his brother s, in which he was

at "Windsor, Conn. This agreement assisted by Francis Stylos, who appears

probably has some connection with the in the Barnabas Davis case, and by him

letter of attorney on p. 189 from led into such expenditure as inconve-

Robcrt Keayne to one Tinker, of Wind- nienccd the whole family in later years.

sor, to collect several debts, and among 2 Thomas Purchos, of Pagiscot, was

others 501 from Robert Saltonstall. one of the many adventurers who

Robert was a younger son of the baro- crowded the shores of Maine in the

net, and was engaged at Windsor in early times of the Colony, and of more

looking out for some property of his ability and discretion, apparently, than

26



402



LECHFORD S MANUSCRIPT NOTE-BOOK.



Pier of dorchester pi : & John Gallop of Boston mariner
ioyntly or severally to sue Robert Morgan of Pemmaquid
James Smith of Wayquait Robert Slmte & Arthur Browne of
Winniganset for trespasse on the case in wrongfully taking
away 44 moose skins of the value of 501 out of the house of the
said M Purchcs & converting the same to their owne use w ch
skins were left there by Abacodusset an Indian Saggamore of
Kennebecke in trust with the said Thomas Purches so that
afterwards the said Indian repaired to the said Mr Purches for
satisfaction for the said skinnes & hath received some satis
faction & relyeth upon him for full satisfaccon for the same &
was not in a little danger of his life & the lives of his wife
& family therabout & further hath lost divers advantages of
trade w th the said Saggamore all his company <fc undergone
scandall among the English before the truth was knowne w ch
lay hid a yearc <fc halfe from the fact done to his dammage
500 . [3 4]

Knowe all men by these presents that I Thomas Purches
of Pagiscot in New England gent doe hereby in my place put
John Oliver gent Thomas Lechford gent George Dier 1 planter
& John Gallop 2 marriner my Attorneys joyntly or severally
against Robert Morgan of Pemmaquid James Smith of Way-



most of his kind. Ho c.imc over in
1628 ; afterwards was one of the chief
men at the settlement of Pagiscot or
Pegypscott, at the mouth of the Andro-
fccoggin River. A deed of this land to
Governor Winthrop and the re>,t of the
Massachusetts Colony may be seen in
the M<tns. Co/, lice., i. 272, signed hy
Thomas Purches. Towards the end
of his life he lived in Lynn, having
been troubled by the Indian wars which
ravaged the region of his former home.
He died in 1678.

1 George Dyer, of Dorchester, where
he was a man of some prominence,
is often mentioned in the Dorchester
Records.

2 John Gallop, of Boston, mariner,



is known to posterity from the name
Gallop s Point, which was given to the
first point of land on the peninsula
north of the Town Cove. The next
was called Merry s Point, after Walter
Merry, and the next Hudson s Point,
after Francis Hudson the fisherman.
Gallop was a fisherman and pilot, and
lived partly in Boston, where he had a
house on the road running by the sea
side, just south of Gallop s Point. The
other names here are hardly worth in
quiring about. They may all be found in
Savage as inhabitants of some one of the
towns along the coast of Maine. Robert
Shute and Arthur Brown have appeared
in the Note-book before (pp. 137 and
209), but neither is of consequence.



LECHFORD S MANUSCRIPT NOTE-BOOK. 403

quait Robert Shute & Arthur Browne of Winniganset in an
accon of trespasse on tlie case scilicet ffor that they the said
Robert James Robert & Arthur upon the [blank] day of [blank]
in the fifteenth yeare of the raignc of the Kings Mat lc that now
is my [220] house at [blank] did break and enter and there did
fcake <fe carry away & convert to their owne use forty foure
moose skinnes of the value of fifty pounds \v ch were there
before that time left in trust w th me by Abacodusset an Indian
Saggambre of Kennebecke so that afterwards the said Sagga-
niore with his company repayred to me for satisfaction for the
said moose skinnes & I was necessitated to give him satisfac
tion in parte and to promise him full satisfaction for the same
for \v ch he relyeth upon me and hereby I was not in a little
danger of my life and the lives of my wife & family & further
I have thereby lost divers goods profits & advantages of trade
with the said Saggamore & all his company <fc have undergone
great scandall among both the English and Indians to my
dammage five hundred pounds starling, the same of them to
recover. And to that end them to sue arrest impleadc im
prison for me <fc in my name Witnesso my hand & scale the
last day of May Anno Dai 1641.



IN THE COURT OF 4. 2. 1641.

in an accon of

trespasse
on the case.



RICHARD CH A DWELL l shipwright plaintiff^

JOHN SAMPSON SAMUELL BENNET defend \ e *? a

v t\ 11 T n /> y/r



The said Richard Shadwell complaineth against the defend 18
for that wheras Francis Toby of Rotherhith in the County of
Surrey shipwright in or about June 1635 placed the said John
Sampson & the said John Sampson placed himselfc apprentice
w th the plaintiffe for the terme of five yeares then next ensu
ing the said Sampsons Indenture of Apprenticeship notwith
standing w ch were not [nirgibl?] or assigned to the plaintiffe

1 The spelling of Chadwell s name This case may be remembered ; see

is doubtful in this entry, where it looks p. 206, ante. Samuel Bennet was a

as though it began with an S. Chad- carpenter of Lynn.
wi-11 is, I think, the more correct.



404 LECHFORD S MANUSCRIPT NOTE-BOOK.

and the plaintiffe refused to receive him for lesse than five
yeares and the said Sampson consented to serve the plaintiffe
five yeares rather than to serve John Tucker an house carpen
ter 3 yeares in consideration the said Plaintiffe was a ship
wright <fe in that art promised to instruct the said Sampson
and whereas the said John Sampson served the plaintiffe three
yeares of the said five yeares but in an ill & undutifull man
ner, in which time the plaintiffe by himselfe & his brother
endcvoured to instruct the said Sampson in the art of a ship
wright but he was most times either incapable therof or un
willing to it, so that when the pl tlffe had procured Richard
Hollingworth of Salem Shipwright to teach the said Sampson
the said trade he refused to goe dwell with the said Holling
worth but chose rather to goe dwell with the said Samuell
Bennet an House carpenter the said Bennet having before un
lawfully slocked [or flocked ?] & enticed the said Sampson to
come away from the plaintiffe to serve him the said Bennet
Whereupon the said Sampson being an ill servant before &
through the said slocking [or flocking?] & enticeing made worse
& more unwilling the said plaintiffe assigned the said Sampson
& he put himselfe apprentice unto the said Bennet for the said
last two yeares of the said five yeares for w ch service the said
Bennet was to pay the p u 111. And the said Sampson in re
compense of his said undutiful service & other things was to pay
the plaintiffe five pounds. And the plaintiffe further sheweth
that wheras He came to demand the said 11* of the said Ben-
net at the last quarter Court in Boston & was then unprovided
for his defence in other the premises Now the said Richard
Shad well complaineth that the said defend 18 then ioyned to
gether not onely to deceive the plaintiffe of the said 111 and
5* but to damnify him further than they had formerly the one
by ill & undutifull service & the other by slocking & enticeing
him away as aforesaid and upon this ioyning together con
trived that the said John Sampson should bring an accon
against the said plaintiffe upon an Indenture to w ch the said
plaintife was neither party nor privy and first [221] for not
teaching the said Sampson the said trade of a shipwright
according to the said indenture and secondly for deteyning



LECHFORD S MANUSCRIPT NOTE-BOOK. 405

the said Sampson in service longer time than was expressed
in the said indenture <fe make some other false allegations
against the pl tlffe vf^ said complotment accordingly the said
John Sampson fnllfilled and unduly recovered dammages
against the plaintiffe viz* 201 f or a supposed not teaching the
said Sampson the said trade of a shipwright wheras the pi*
did by all rneanes duly endcvor it as aforcs d and 7* 10* for a
supposed overreckoning in his time of service, wheras he vol
untarily consented to serve 5 ycarcs as aforesaid : and obteyned
the cancelling of the said five pounds upon pretence that it was
wrested from him onely for dammage done the said plaintiffe
about the not moaving of a barke whereas it was for divers
other ill services and dammages. And hereby the plaintiffe
saith he hath suffered in his good name & estate and hath bin
damnified 501 and therupon he brings his suit. [8 4
Thomas Nicholls testis,]

The peticon of some of the Inhabitants of Hingham that
wheras the Cort heretofore gave the Towne certaine lands for
enlargement at Conihasset 1 to be sett out by certaine com
mittees of Dorchester & Rocksbury in the order therof named
the said lands are not yet sett out by them but divided by
certaine men t>f the said towne of Hingham contrary to the
said order & contrary to the liking of many in the said towne
& the peticoners therefore beseech the Court to take the same
into their consideration & to give direction that the said order
be pursued as it was first intended. [Is.]

The peticon of Anthony Eames 2 that wheras he hath bin
here inhabitant seven yeares or therabouts & his charge hath

1 The meadows at Conihasset (be- interference by the General Court in a
tween Scituate and Hingham) had been quarrel among the people of Hingham
given to the townspeople of Hingham as to whether Allen or Eames should be
by the General Court, May 13, 1640 the captain of their trainband. Eames
(Mass. Col. Rec.i i. 290). was naturally a person of some conse-

2 Anthony Earnes will be remem- quence in the town, having been rep-
bered by any one who took the trouble resentative many times, commissioner
to investigate the case of Bozoum Allen to decide small cases, and lieutenant,
(ante, p. 172) in Winthrop (vol. ii. before he was chosen captain.

p. 221). The trouble arose from the



406 LECHFORVS MANUSCRIPT NOTE-BOOK.

bin great & done some service for the Country in laying out
the lyne hetweene this Patent <fe Pliinmouth he was also
promised accommodation in Conihasset when it should be con
ferred on Hingham, and having [illegible] & a teame & wants
imploymcnt for them desires the Court to consider hereof
that he may have a proportionable accommodation in Conni-
hasset as the Court shall please to appoint; his accommoda
tion already being but small & except it be enlarged he shall
be constrayned to looke out for himself e els where. [0 ]

M* Cuttou saith that there is due 424* or therabouts w eb
should have ben payed 22 April last. Charter party dated
9 Jan: 39. [2]

The petition of certaine of the Freemen & Inhabitants of
Hingham l that they intending God willing a ffishing planta
tion at Nantascct may be instituted into a company according
to the wisdome of the Court & that they may have granted
them all the said necke of land called Nantascet from sea to
sea unto the head of straits pond w tb all y e appurtenances and
that yo r peticoners may for the same good end & purpose be
instituted into a Company with such power & limitations as
to this Court shall seerae meet. [Is.]

Joseph Armitage of Lynne lets a shallop of 3 tunnes or
therabouts unto Abraham Robinson Thomas Ashley & Will
Browne of Cape Anne fishermen 2 till 29. 7. <px with the tack
ling & appurtenences & they are to pay 3 l in money or good

1 I do not think that this petition tations thither, shall have land and

was granted in precisely the fona meadows upon Nanta.sket Neck," etc.

wherein it here appears. But under There is no patent for a company to be

date 2d June, 1(541, the Court ordered found, however, in the Records.

"that a plantation for the furthering of 2 We cannot easily identify these

fishing shall fourth with bee set up at fishermen, and perhaps it is hardly

Nantascot, that all the neck to the necessary to do so. Abraham Robin -

end of the furthest beach towards son is found at Gloucester some years

Hingham, where the tide over Moweth, after this mention, and Thomas Ashley

shall belong to it ; and that such of the may be the man of that name who was

present inhabitants of Hingham as will in Maine 1654 ; but even if this be the

follow fishing & will remove their habi- case, not much is gained.



LECHFORD S MANUSCRIPT NOTE-BOOK. 407

& merchantable dry fish to the said Joseph at the end of the
said tcnue therefore & redeliver the said shallop w tb the same
appurtenences at Lynne.



A petieori for Timothy Hawkins 4. 4, 1641.

The humble peticon of BARNABAS DAVIS

Shcwcth that wheras the Court hath ordered me to account
to John Woodcocke & to attach the cattle that was Will m
Woodcocks as in a new accou I humbly conceive that the
vcrdit of the Jury was given as upon a crosso suit ioyntly
comming to hearing together w ch in effect one of the Jury
testified in Court for he said that their meaning was that I
should be allowed what should appeare due to me upon a just
account as well for W m as John Woodcocke and [222] with
all due submission to yo r wor ps for I thinke yo r worships have
bin fully informed through my wcaknesse in my cause & that
your worships doe not yet so clearely understand my cause &
it so ncarcly conccrncs me that the greatest parte of my estate
lyeth in it, the cattle arre taken out of my possession I being
a servant accountant am not allowed my charges & reason
able expences I demand 64 l 10 8 10 d besides dammages halfe of
the said moneys is my meerc expences & the cattle will not
satisfie me I verily believe. In tender consideration wherof
I beseech yo r worships in yo r grave wisdomes & pittyfull com
passion towards me to be pleased but to let my account the
auditors joynt certificat, the case thereupon & the opinion of
one of the Auditors on the whole matter be read either in pub-
licke or private before yo r wor p8 and thereupon to consider
whether it be not fitt & equal! that seeing I am putt off from
hearing at this Court that the cattle be attached from M
Holyokc & delivered upon security to me till the cause be
heard And so I leave myselfe & my matters at yo r wor ps feet
to be at God s dispose.



408 LECHFORD S MANUSCRIPT NOTE-BOOK,

The petition of RALFE WoRY 1 White tanner of Leather
dwelling at Charlestowne.

1. He prayeth the Court that no goates might be killed
under two yeares old except kids by the butchers.

2. That the butchers & others that take off skinns might
be enioyned not to slawter cut or rent the skinnes under
some paine of forfeiture.

3. That Tanners may tanne no goat buck doe nor moose
skinnes nor white tanners tane no cowe nor oxe hide under
paine of some forfeiture.

4. That some Officers be appointed to view all leather made
in the Country before it be sold or put to use.

5. That none may buy skinnes killed in the Country but
those that dresse them heere.

M* William Hooke 2 of Accamenticus.
My John Underbill a peticon.

Wheras we understand that Mf William Hooke of Accamen
ticus intcndeth shortly a voyage into England we have thought
good to accompany him w tb this our testimoniall that he hath
borne himselfe in this Countrey in all things we knowe of hon
estly soberly fairely & therefore with us he hath this esteeme
to be a sober discreat & religious man & for such we recom
mend him to those whome it may concerne. [1 ]

The peticon of CAPTAINE JOHN UNDERBILL 3

Shewcth that he humbly acknowledged himselfe to have
ben a very greivous offender against God & this Common-

1 Ralph Woorey, leather-dresser, is shortly, for he was representative in
noted in Wyman, but nothing to speak 1643 as well ns in 1637, and died in
of is known of him. No mention of this country in 1654.

the petition is to be found in the 8 The sentence of banishment for

Record, Captain John Underbill was repealed

2 Mr. William Hooke was not the June 2, 1641, the session of the Court,
minister of that name, but the brother I suppose, at which this petition was
of Francis Hooke, of Kittcry. He must presented.

have returned from England very



LECHFORD S MANUSCRIPT NOTE-BOOK. 409

wealth and thereby hath received severe censures past upon
him both by the Church <fc this Court Notwithstanding as he
hopeth the God of heaven will give him more true repentance
& thereupon some more comfortable forgiveness in his due
time <fe the Church of God hath bin pleased upon his humble
& hearty contrition & confession of his abominations to loose
him from his deserved bonds so though unworthy of the least
favor from you he humbly beseecheth this hono ble Court to be
pleased to remit his civill censure by him rashly foolishly &
unadvisedly incurd And that you would be pleased to restore
this Distressed petitioner to his former libertys ffor w cb humble
request he should have in person awayted this hono bl Court
but that he is now called asyde upon other lawfull occasions
at Aqucdney as it is well knowne <fec.

[223] The humble pet icon of RICHARD PARKER 1 of Boston

merchant,

Sheweth that wheras some powder being found heretofore
in the hands of certaine Indians yo r pcticoner was examined
whether he had sold any powder to any Indian, <fe if lie had
how much, he answered and confessed he had, once before
that time sold,. about 4 ounces of powder to the Saggamore
Aggawam. Now forasmuch as this sale of powder to the said
Aggawam was above two yeares since when yo r peticoner was
but a new commer & not knoweing the orders of the Country
[& one to whome as this peticoner hath heard the Country
had some confidence in & who was in the service against
the Pequids and continually converseth w th us as a friend &
to whome some liberty of fowling with his peece hath bin
granted by the Court as this peticoner hath heard, all be
tween these brackets crossed out.] and that was yo r peticoners
onely offence in this kinde & in so smale a quantity.

In tender consideration of the premises yo r pcticoner hum
bly prayeth this hono hl Cort to be pleased to remit the said

1 Exactly when this sentence was General Court, and at that meeting (at

pronounced I do not know. In De- which I suppose this petition was pre-

cember, 1640, Richard Parker was sented) his fine was lowered from 101 to

respited until the next meeting of the 10s.



410 LECHFORD S MANUSCRIPT NOTE-BOOK.

offence unto him promising to be henceforth so careful that
neither he nor any of his shall at any time sell any powder or
ammunition to the Indians without direction & command So
restes yo r obliged Richard Parker. [1 6. 4. 9-41]

The humble peticon of SERGEANT EDWARD MELLOWES a of
Charlestowne,

Sheweth that wheras about 10 or 11 yeares since his father
Aft Abraham Mellowes at the motion of the hono ble M* Hum-
frey did put into the Common Stocke fifty pounds of lawfull
money of England he promising that the peticoners said father
or his heires or assignes should have a valuable proportion of
land in this Jurisdiction to at least 500 acres of land for the
same.

And whereas yo r peticoncr is heirc & assignee of his said
ffather deceased, <fc hath yet obteyned towards* satisfaction of
the premises onely 200 acres in one place where no more
can be had & which is no valuable proportion for the said 501.
In tender consideration of the premises yo r peticoner humbly
praycth the Court to be pleased to grant him the other 800
acres together in some other place So restes yo r obliged Ed
Mellowes. [1 ; 4. 9. 41]

The peticon of WILL" SAVILL 2 of Cambridge joy ner

Sheweth that wheras he did worke heretofore at Cambridge
for M r . Nathaniell Eaton and for parte of this peticoners pay
he received by apprizement one cowe & a steere calfe for 251
w ch then was 51 overvalued at least & out of w ch he payd 91
to workmen in money besides then presently cattle fell more
& so have done ever since and now they are not worth above

1 T\vo hundred acres were granted to ham s statement that he was a partner
the heirs of Abraham Mellows by the in the Company for 501. Edward Mel-
Court to which the petition was pre- lows was freeman before his father
seated. Abraham Mellows, with his (March 4, 1634), and was afterwards
wife and child, were admitted to the constable, town clerk, selectman, etc.
church in 1633; he was freeman May He died in 1650.

14, 1634, and died, Savage says, before 2 William Savill cannot be found in

1639. This passage confirms Frothing- Savage.



LECH FORD S MANUSCRIPT NOTE-BOOK. 411

121 \y ch another bull calfe increased having bin kept about a
yeare so that yo r peticoner is damnifyed 13 besides 2* 10 s for
the keeping of them since w ch amounts to in all to 151 10 s .
In tender consideration whcrof yo r peticoner humbly prayeth
he may be relieved in the premises according to equity against
the said M r . Eaton & his estate hcere by the order of this Court
and that especially because the apprisement aforesaid was
made not to this peticoner, but halfe a ycare before for pay
ments to other men & he was faigne to take these though so
much too deere because he apprehended not any other way to
be satisfyed. So rcstes. [Is.]



Edwards of Charlestowne makes a peticon against
Harmn.n Garret & the two apprizcrs Steven Fozdike <fc Robert
Nash for prizing the house too deere 401 a t least & bound
in 200* to pay 120* for a house & an acre of ground or



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 41 of 47)