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 42 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 42 of 47)
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The peticon of WILL M BUCKNUM of Charlestowne carpenter,

Sheweth that wheras his mother in Law the widdow Wil
kinson kcepes away from him his sonne John Biicknum
against the good will of this peticoner w ch is like to be a breach
of peace betwecne us, Yo r peticoner humbly prayeth the wid
dow Wilkinson may be ordered to rcdelivcr to this peticoner
his said child. 2

[224] The peticon* of the Freemen of Cambridge

Sheweth that wheras there are some differences betwcene
some neighbor towncs & ourselves about wood & timber &

1 For this matter see pp. 176, ante, eighteen years. William Bueknam, in
& 225, pnst. his will, gave a smaller fortune to his

2 That William Bueknam married son John than to his children hy his
(first wife) a daughter of Prudence second wife, partly on account of his
Wilkinson may be seen in Wyman s infirmity, and partly because he was Savage goes on to say taken hy his grandmother, as appears
(partly hy conjecture) that hy this wife hy this passage in the Note-book.

he had a son John, whom (or else his 8 It was in consequence of this peti-
son) he thinks is the one spoken of tion that the Court appointed (June 2,
by Sewall as havipg been dumb for 1641) Mr. Thomas Mayhew and John


about ccrtaine lands on the south of Charles river w ch we con
ceive belong to our bounds for want of explanation of the
order of Court therof, and by reason of certaine lands claymed
from us unequally as we conceive by the running of a lyne
betweenc us & Watertowne We humbly crave of this hon
oured Court that for the settlement of peece & quiet among
us you would be pleased to heare our deputyes to the particu-
lares aforesaid <fc therupon to take such good order as to *yo r
wol . P s s i ia n scenic to stand w tb equity. [1 ]

The peticon of ROGER TOLL servant to M* HENRY WEBB 1

of Boston

Sheweth that wheras about two yeares since yo r peticoner
being a new commer not knowing the Orders of the Country
sould certaine powder to the quantity of but about 2* unto
some of Cusshannequins his master not knowing of the said
sale till afterwards The peticoner humbly prayeth this
hono ble Court to be pleased for this his first offence in this
kinde to remit the same unto him promising hereafter to be
so carefull that neither for himselfe nor any other he will sell
or deliver powder or munition to any Indian w tb out order or
command I reste yo r obliged. [1 rec in corn]

TJie peticon of THOMAS MAKEPEACE 2 of Dorchester gent

Sheweth that wheras he bought a ccrtaine house & farme
of 200 acres of land wherof some is inclosed lying on the east
parte of M? Haynes his farme neare dedham of Mf Crowe

Bridge to adjust the differences hero Toll was his apprentice, as Savage

spoken of; "and if they cannot agree, thinks.

they are to choose a third man to 2 Thomas Makepeace came to Dor-
settle things." chester with his family in 1036. He
1 Henry Webb was a merchant who was there a person of consideration
had his house and shop, I suppose, one (although I do not find that he ever
or two doors bt-low Captain Keayne s, on held office), being almost invariably
what is now State Street. He came referred to by the title of Mr. In
to Boston 1G37, and died September response to this petition, the Court
7, 1660, leaving much to Harvard appointed a committee of three to view
College in the way of land that is and settle "Mr. Makepeace his farme of
now of the greatest value. Roger two hundred acres."


sometime of Charlestowne as it is layd out. Yo r petitioner
desireth this hono bl Cort to be pleased to coniirmo the same
unto him by order of this Court, [ik?.]

The humble peticon of ROBERT CooKE 1 of Charlestowne

Sheweth that wheras the Country was indebted to his
iTathcr 401 im( l f or satisfaccon thcrof this peticoncr was
ordered to goc to the Treasurer for payment M? Treasurer
assigned this peticoncr a bill to be payd by Lynne and they
would pny him no otherwise but in corne at 4 s p b. & he hath
received in parte 120 bushells at 4 s p b. and the rest he must
aecept from them at the same rate. The peticoner humbly
prcyeth allowance of the Court such as you shall thinkc fitt
corne having passed at 3 3 p b. & much to be bought under.

John Pollard 2 of Boston in New England merchant makes
a letter of Attorney unto Josuah Hughes of Roxbury ironmon
ger and George Pollard of Duxbury in N England miller to
receive all debts etc. 4. 19. 41.

A Commission to John Wcbbe ais [Wa?ifc] 3 of Boston and
his company to trade & doe their businesse at the Isle of
Sables & to passe in the burke Endevor of Salem wherof is
Master Joseph Grafton. 4. 21. 41. [34]

1 There is some little doubt in tho 3 "John "Webb als \]il /] " must he
pages of Savage as to whether the name "John Kvered als "Webb" (nntc, p. 138).
of this man were Richard or Robert, one I know nothing more of his ocwipatiau
name being found in the list of freemen, than is contained in the note on that
and the other in that of church-mem- page. The Colonial Record has no
hers. In the Mass. Col. Rec., however, notice of this commission. The ketch
is record of an order that 12(i. in a "Endeavour," it may be remembered,
bushel should be paid to Mr. Robert was hired of Joseph Grafton by John
Cooke to make up for the depreciation of Cogan and Thomas Owen until April,
corn, amounting to 40*. 1641 (see p. 202, antr). This commis-

2 It would seem as if George Pollard sion is in June of the same year, by
were related to John, though the fact which time the voynge to Virginia and
is not noted by Savage, who says little back there spoken of was, we may hope,
of either George or John ; for whom see successfully accomplished.

p. 175, ante.


John Sampson of London merchant makes a generall letter
of Attorney unto David Yale l merchant now resident in
Boston in N E. 4. 21. 41. [2s.]

Know all men by these presents that wheras I Elizabeth
Glover of Cambridge in N E widdowe & trustee of the last will
& testament of M* Josse Glover deceased doc hereby for good
considerations me thereunto moving for and in parte perform
ance of the said last will & testament grant assigne and sett
over unto William Stibbins of Boston in N E gent and [Want]
of [WA-] in N E aforesaid all that my reversion after the de
cease of M ra . Anne Glover of London widdow of and in all those
lands & tenements lying in Ratcliff within the mannor of Steb-
bonheath in the County of Midd with the appurtenances settled
upon me by my said late husband To have & to hold the said
Reversion <fc premises and all <fc singulare the premises w th
the appurtenances unto the said W S & [Waw] and [ends
thus ; the whole paragraph is crossed out.~\

[225] To the right ivor 11 the Governor $ Assistants

The bill of Complaint of JOHN EDWARDS of Charlestowne


Shewcth that wheras by agreement betweene Harman
Garret of Charlestowne aforesaid Gunsmith & this Complain
ant 2 in writing made upon the 17th day of the seventh
moneth Anno Dili 1G40 the said Harman was to sell unto
this Complainant his house in Charlestowne aforesaid for such
reasonable price as should be agreed on by foure men indiffer
ently to be chosen betweene them the said Harman taking

i David Yale (thought by some to Boston Town Record or the Book of

be the father of Elihu Yah-) "came to Possessions; and from the mention in

New England with his father-in-law, Massachusetts Colonial Record (vol. ii.)

Governor Eaton, in 1637." He lived he might have lived anywhere,

at Boston chiefly, I should imagine, 2 The agreement here referred to be-

although he owned land at New Haven, tween Garret and Edwards may be found

and quitted the country in 1652. set down at length earlier in the Note-

There is no mention of him in the book (ante, p. 176).


advantage of this Complaynants unexperiencednesse in build
ings pressed him to buy the same house before the said terme
in the said agreement mentioned was ended and for the ap-
prizcmcnt therof pcrs waded this Complainant that two men
were sufficient to performc the same, and when this Complain
ant had named for him two men to wit Stephen Fossedike and
Barnabas Davis of Charlcstowne the said llarnian Garret said
that Barnabas Davis was not skilled in matters of building but
much commended the said Steven Fossedike saying that he
was an honest man and a member of the Church and one that
helped build the said house <fe one whome he might well put
this matter unto & to him onely & that the said Harman Gar
ret thought to make choice of him for himselfe & so in effect
he made choice of him the said Steven Fossedike as well as of
the other arbitrator Robert Nash and this was no indifferent
choice & but of two men wheras by the said agreement the
same was to be referred to foure men indifferently to be chosen
To w* 11 two Arbitrators the price of the said house being re
ferred they the said Arbitrators were to sett downe what they
esteemed the said house <fc some other things to be worth at
that present to be sold to any person one or other & neither
this Complainant nor the said Harman Garret was to give any
private informacon unto the said Arbitrators or either of them
aparte till the said Arbitration made notwithstanding the said
Harman Garret did give one of the said Arbitrators private
information of something touching the premises wherof this
CompP had no notice to answer the same before the said
arbitration delivered up. And this Complaynant sheweth that
upon the said undue proceedings the said Arbitrators prized
the said house <fe an acre of ground or therabouts at 120* or
thereabouts w ch was to deere almost by halfe as the state of
things stood at the time of the said arbitration made & yet
doe stand Notwithstanding the said Harman Garret presently
upon the said arbitration g)tt this Complainant with a suerty
to enter into bond of a great penalty to pay the said 1201 to
him the said Garret in some shorte time to come In tender
consideration wherof the said Complaynant prayeth that the
said Harman Garret mav be called to answere the premises &


to bring in the said bond into the Court and either to take the
said house & premises againe or els that an indifferent ap-
prizement may be made therof anew by order of the Court &
finally to stand to such order in the premises as to yo r wor
ships shall seeme to stand w th equity & good Conscience &c.

[226] 1 Mathew Allen of Hartford upon the river of Con-
necticot in America merchant otherwise called Matherum
Allen nup de Bramtom in Com Devon infra Regn Angli 6
ac mine de Hartford sup Conectacott River infra Nova Anglia
m r cator was summoned to answere Thomas Harwood and
James Gamon of Barnstable in the County of Devon aforesaid
merchants in a plea of debt Wherupon the said Thomas &
James say that the said Mathew by his writing obligatorie
under his hand and scale dated the fourth day of June in the
sixteenthe yeare of the raigne of our Soveraigne Lord King
Charles Anno Dni 1640 did acknowledge himself e to owe
unto the said Thomas and James the summe of two thousand
pounds of good and lawfull money of England to be payd unto
them when he should be therunto required, wherof the said
Thomas & James acknowledge they are satisfied of the summe
of five hundred seven pounds fifteen shillings & nine pence,
Notwithstanding the said Mathew hath not payd the residue of
the said two thousand pounds that is to say 1492 4 3 d
unto the said Thomas & James or cither of them although he
hath bin thereunto required at Hartford and Windsore upon
the river of Connecticot aforesaid. And they say that the
said debt groweth thus that the said Mathew bound himsclfe
in the said obligation of the summe of two thousand pounds
dated as abovesaid w th condicon that if the said Mathew Allen
his executors administrators and assignes should well and
truly pay observe performe fulfill & keepe all & singulars the
payments grants Covn 18 condicons & agreements conteyned

1 It \vas in regard to this matter the rest of the ma 11 * * at Coneetacot, to

that two or three days later (Oct. 7, send hack the prisoner Mathew Allen

1641) the General f ourt ordered "that or satisfy the debt and damage" (cf. p.

a letter shall bee sent to Mr. Ilaynes & 200, ante).


specifyed & declared in certaine Articles & Covenants of agree
ment indented made by & betwcenc the abovenamed Thomas &
James of the one partc <fc the said Mathcw of the other parte
and bearing the same date w th the said obligation w ch on the
partc of him the said Mathcw his exec trs adm r9 or assignes were
to be observed performed fulKilled & kept according to the
tenor forme effect of the said Articles and Covenants of
agreem* then the said obligation was to be voyd ct of none
effect or els to be & remaine in full power strength force effect
& vertne And the said Thomas & James doe indeed say that
the said Mathcw did break one of the Covenants or Articles
in the said Articles & Covenants of Agreement specifyed in that
the said Mathcw upon the day of delivery of the cattle in the
said Articles mentioned did not for security of payment further
give and deliver unto Philip Gibbe the factor or assignee of
the said Thomas & James a good <fc lawfull bond or obliga
tion whcrin the said Mathcw with two such sufficient sucrties
as the said factor or assignee should accept of should be bound
in the summo of 20001 that the said Mathew his [227] ex
ecutors or assigncs should pay or satisfic the full summo and
so much money reckoned as the said cattle should amount
unto, w ch according to the said articles & covenants of agreem 1
was the summc of 994 1 5 s viz* for 97 head of cattle within
tvro moneths next after the day of arrivall of the ship in
the said articles mentioned at Boston in New England or
within 2 moneths after the arrivall aforesaid to drawc good
bills of exchange for payment thereof and the same to be payd
upon 40 daycs sight as in the said articles is expressed accord
ing as the said Mathew was bound by the said articles & bound
thereupon to doe Wherupon the said Thomas & James bring
their suit aforesaid for the said 1492 4 8 3 d . [5111 10s. -
31 14*. 3^. = 507i 15s. 3d. 5111 10s. Qd. + 4921 4s. 3d. =
10001 Os. Or?. G 8.]

Boston Lynne Salem Ipswich Rowley Newberry Salisbury
Hampton Charlestowne Cambridge Waterton Concorde Sud-
bury Dedham Roxbury Dorchester Wey mouth & Hingham.
[17 warr to about cotton. 5. 8. 41 @ Is. 5ti]



Thomas Allen of Barnstablc in N E y agreeth w th John
Eells l of Dorchester in N E planter for 70* in hand payd to
convey unto the said John Eells & his heires & assignes for
ever one house & garden w th the appurtenances in Earnstablc
in the County of Devon lying in Bowport streete in the occu
pation of Phillip Cole & Lewis Grove or their assignes all rents
& revenues rcvertions thcrof after the lives of the said Phillip
& Lewis & all Writings Leases & counterparts, and to he in
possession of the rent presently And to make any assurance
w th in 7 yearcs And to be bound to these articles in 1501, and
that he shall receive 20i due to me at the decease of my ffather-
in law John Markc of Bramton in Devon y. of his heires exe
cutors &c or of Edward Langdon of Branton in the County
aforesaid y & he is to receive the bond of my brother Richard
Allen of Branton aforesaid yeoman And a letter of Attorney
for the same.

JOHN MOSES 2 of Duxbury shipwright p lt "j in an action

THOMAS KEYSER & JOHN GUY of Lynne ! trespasse

defend 1 * J upon the ca

JOHN MOSES 2 of Duxbury shipwright p u "} in an action of

upon the case.

The said John Moses Complayncth against the said defend
ants for y* wheras in or about the third moncth Anno Dni
1640 they did retcyne the said Complaynant to make for them
a pinnace in forme as followeth that is to say thirty two footc
by the keele and live foote and halfe in the hould deepe to be
made proportionable according to the same with a decke and
to be seeled throughout the said pinnace and to be finished

1 It might seem from this as if John attorney, etc., may be found at great
Eells was about to return to England, length post, p. 229 el seqq.
This may possibly have been the case. 2 Of John Moses and John Guy I
He is, however, heard of by Savage can find no mention at all in Savage,
at Newbury in 1645 as a "beehive- Thomas Keyser has obtained a species
maker," and his death is by him set of fame through his mention by Win-
down for 1653. The name of Thomas throp (vol. ii. p. 231), where are related
Allyn, of Barnstable, may be found in certain operations of one Smith and his
the church register, though not else- mate Thomas Keyser in a voyage under-
where to my knowledge. An inden- taken by them to the coast of Guinea
ture to the .same effect as the above, after negroes. Keyser was a seafaring
together with articles of agreement man of whom little other remembrance
between the same parties and a letter of was preserved.


the last of August then next following for which they the said
defend* 9 promised to pay the said plain tiffe 40* and such
other charges as are mentioned in the writing: of agreement
therof at the finishing of the said pinnace under the hands of
both the said defendants and the said pi* And the said plaint i tie
indeed saith that the said defend* 9 were by agreement also
bctwocno them the said def* <t pi 4 to deliver to the said pi
divers materialls towards the finishing the said pinnace hy the
day aforesaid appointed in the said agreement but they the said
dofen* 8 fay led therein so that- the same pinnace could not be
finished by the said day appointed through the default of the
said defendants neither were they ready to satislie the said
plaintiffe for the said pinnace when it should be finished as
was agreed as aforesaid But [228] the said plaintiffe was
forced to sell the said pinnace away to Captainc Edward
Gibons in the third moneth last and to finish the same for
him whereby the said pinnace lay upon the plaintiffes hands
in building from the said last of August Anno Dili 1640 till
the midst of the said third moucth last being 9 moneths To
the Dammagc of the said pl l W 19 s ll d .

The said p !t received in pitch okhum & nayles . . 5* 3s.

And in rnorrey or moneys worth 10

And in pitch & okhum more

And in nayles more 10

And in redy money at sight 3


1 Richard Bcllingham Esq r Governor of the Jurisdiccon
or Societie of the Mattachusetts Bay in New England unto
John Humfrey Esq r Simon Bradstreete gent Thomas Wiggon
gent and [Samuel] Symmons gent greeting By vertue of his
Ma ts Letters Patents under the great scale of England and by
the Advise of the [&/an] Counsell of the said Jurisdiccon or

1 Most probably this commission did Stongliton, Mr. Samuel Symoiuls, Mr.

not go into effect, for there is in the William Tynge, Mr. Francis Williams,

Colonial Record an entry wherein the and Mr. F.ihvanl Hilton, under date

same powers, here specified, are given of Oct. 7, 1641, or three months later

to Mr. Simon Bradstreet, Mr. Israel than the present commission.


Society I authorize and appoint you to goe to Dover heretofore
called Pascattaquay by whatsoever name it be called and there
to summon call and keepe a Court and Courts and to heare &
determine all causes civill & criminal & to cause executions to
be made & done according to the Lawcs of England as neare
as in yo r discrcation you shall be able to doe ft or which this
Commission shall be yo r sufficient warrant In testimony whcr-
of I have caused the publicke sealc of our Colony to be here
unto affixed the eight day of the fift moneth Anno Dili 1641.

Phillip DC Lanoc 1 of Duxbury planter aged about thirty six
yeares sworne saith that John Moses of Duxbury aforesaid
shipwright having a pinnace in hand to build for one Thomas
Keyser and his partner as this deponent hath heard he was
intreated by the said John Moses to inquire at some house in
Boston for pitch & oakum that should be left there by the said
Thomas Keyser and his partner for the use of the said pinnace
and this deponent did inquire two severall times for the said
pitch & oakum about the latter end of the lift moneth last or
the beginning of the sixt moneth last but could not find where
the same was left though he inquired at divers houses but two
or three who said they knew Keyser & his p tr then told this
dcpon that the said Keyser intended not to have the said
pinnace for that he was not able to pay for it nor his partner
neither. Wherof this deponent tould the said John Moses
w r ho thereupon borrowed this deponents boate <fc went therin
w th another man to seekc the said Keyser & his partner about
the said pitch & oakum and pinnace & they were waiting
w th his said boate three wcekes in the cheife mackrell time
in September w ch was above 4t dammage to this deponent

1 Philip Delano, or De la Noy, as it bility," according to Winsor. William

was formerly written, was said to have Latham was a more obscure inhabitant

been a Frenchman, member of the of Duxbury, whither he moved from

church at Leydcn. He came over in Plymouth. He had come over in the

1621, was freeman in 1032, and was one " Mayflower" as servant to Governor

of the early settlers of Duxbury, where Carver. (See Bradford, pp. 447 and

he became a man of "much respecta- 450.)


[229] Will m Latham of Duxbury planter aged about 32
yeares sworne saith upon his oath that in the seventh moneth
last he went in a boate from Duxbury aforesaid w th John
Moses to seeke Thomas Keiscr <fe his partner about a pinnace
that the said John Moses had in hand for them and that this
deponent <fe the said Moses were out about the said businesse
above three weekes. [ 8]

Articles of Covenant <f Agreement indented made the eight day of
July Anno Dni 1641. Betweene THOMAS ALLEN of Barn-
stable in New England yeoman of the one parte And JOHN
EELS of Dorchester in New England planter of the other
parte as follow eth.

Imprimis the said Thomas Allen doth hereby covenant agree
promise and grant to and with the said John Eells that for and
in consideration of the summe of seventy pounds of lawfull
money of England. [These paragraphs erased, and their place
taken by the following one.]

This Indenture made the eight day of July in the seventeenth
yeare of the raigne of our Soveraigne Lord Charles by the
grace of God of England Scotland France & Ireland King
Defender of the faith &c Annoqr Dili 1641 Betweene Thomcs
Allen of Barnstable in New England yeoman of the one parte
and John Eells of Dorchester in New England planter of the
other parte Witnesseth that the said Thomas Allen for and in
consideration of the summe of seventy pounds of lawfull money
of England to him in hand payd by the said John Eells before
the sealing & delivery hereof wherof and wherewith the said
Thomas Allen doth acknowledge himselfe truly satisfied con
tented and payd & thereof and of every parte therof doth hereby
remise release and forever quittclayme the said John Eells his
heires executors and administrators Doth by these presents
grant bargaine sell enfeoffe and confirme unto the said John
Eells all that y e house and houses tenement and tenements gar
den and gardens thereunto belonging sett lying & being in Bow-
porte streete in Barnstable in the County of Devon now or late
in the severall occupations of Philip Cole and Lewis Grove their
assignee or assignes and all rents revercons services wages


lights easements commodities and hereditaments thereunto be
longing And all writings leases counterparts of leases deeds
excerpts records <fe miniments concerning the same w cb are in
the custody of the said Thomas Allen or any pcrsjii or persons
to his use And all standing tables bedsteads wainscott ceding
& other goods demised with the premises unto the said P C &

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 42 of 47)