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 43 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 43 of 47)
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L G To have and to hold the said house and houses tenement
and tenements garden and gardens rents re vert ions services
and hereditaments and all and singular the premises with the
appurtenances unto the said John Eells his heires and assignes
for ever To the onely use and proper behoofe of the said John
Eells his heires and assignes for ever To be holden of the chcii e
Lord or Lords of the see or sees of the premises by the rents
and services therefore hereafter to be of right due & accustomed
And the said Thomas Allen doth hereby for himselfe his heires
executors & administrators Covenant promise and grant to and
with the said John Eells his heires administrators and assignes
by these presents that he & they shall or lawfully may from
time to time and at all times hereafter quietly & peaceably have
hold and enjoy the premises and every parte therof freed and
discharged of and from all other grants bargaines sales feoff-
mcnts ioyntures dowers & title of dower Judgments executions
[illegible] Statutes merchant and of the Staple titles troubles
charges & incumbrances Whatsoever except the severall Leases
made of the promises unto the said Philip Cole <fc Lewes [230]
Growe each lease being now in being for three lives a peece as
by the Counterparts therof it doth and may more plainely
appeare and except the rents & services therefore hereafter to
become due & of right accustomed for or notwithstanding any
thing done or suffered or to be done or suffered by the said
Thomas Allen his heires executors or administrators or by his
or their meanes assent or procurement And the said Thomas
Allen doth hereby for himselfe his heires executors & adminis
trators Covenant promise and grant to and with the said John
Eells his heires and assignes by these presents that he the said
Thomas Allen and his heires and his and their wife or wifes
shall and will at any time or times hereafter within the space
of seven yeares next ensuing the date hereof make scale &



LECHFORD S MANUSCRIPT NOTE-BOOK. 423

deliver acknowledge execute and suffer or cause to be made
done acknowledged executed and suffered all and all manner
of further and other conveyances & assurances in the la\vc
whatsoever for the more sure making & conveying of the
premises <fc every parte therof unto the said John Eells his
heires assignes according to the true intent <fc meaning of
these presents be it by grant bargaine sale feofl ment livery &
seisin fines recovery or any other way whatsoever as shall
be devised advised or required by the said John Eells his
heires or assignes or his or their Counsell learned in the La\vc
and at his or their reasonable request and cost & charges in
the Lawe so that for the doing or suffering therof the said
Thomas Allen <fe his heires and his or their wife or wifes be
not compelled too travell fourth of the Jurisdiecon of the
Mattachusetts Bay in N E and New Plymouth in New England.
Provided allways that if the said John Eells dye at sea w th out
heires of his body that then the premises shall be & rcmaine
to the said Thomas Allen his heires and assignes as in his and
their former estate as if these presents had never bin made.
In witncsse &c. [10s.]

Articles of Agreement indented made the 15th day of July
Anno Dili 1641 Betweenc Thomas Allen of Barnstablc in
New England yeoman of the one parte and John Eells of
Dorchester in New England Planter of the other parte as
followeth.

1 Imprimis that the said Thomas Allen his executors <fe
adm rs shall enjoy the twenty pounds w ch he the said Thomas
Allen oweth unto the said John Eells without rendering to
him his executors or administrators any account.

2 I tin that whereas John Mark of Branton in the County of
Devon yeoman and Edward Langdon of the same yeoman [231]
stand bound unto the said Thomas Allen in and by one obliga
tion of 40* condiconed for the payment of the summe of 201
unto the said Thomas Allen his executors administrators or
assignes upon the decease of the said John Mark as in and by
the said obligation and condicon therof it doth & may more
at large appeare It is agreed betweene the said partycs to these



424 LECHFORD S MANUSCRIPT NOTE-BOOK.

presents that the said John Eells his executors administrators
or assignes shall be payd the said twenty pounds according to
the forme & effect of the said obligation <fc condicon thcrof
and shall have & cnioy the same without rendering any account
to him the said Thomas Allen his executors or administrators
or assignes.

3 Item that Richard Allen of Branton afores d yeoman shall
deliver the bond or obligation aforesaid or the money aforesaid
if he hath received the same unto the said J E or his assignes
upon lawfull demand. In witncs &c.

Knowe all men by these presents that I Thomas Allen of
Barnstable in New England yeoman doe hereby constitute &
in my place & stead put my trusty & beloved friend John Eells
yeoman my true & lawful Attorney for me and in my name to
aske demand receive and recover of and frqin the heires
executors and administrators of John Marke of Branton in
the County of Devon yeoman and Edward Langdon of the
same yeoman the summe of twenty pounds of lawfull money
of England due or to be due unto me at or upon the decease of
the said John Marke as in and by the obligation & condicon
therof it doth & may more at large appeare And the obligation
therof to demand receive & recover of & from my brother
Richard Allen of Branton aforesaid yeoman or the said money
if he hath the same received Giving & granting unto my said
Attorney my full power & lawfull Authority for me and in my
name in execution of the premises to sue arrest impleade
prosecute & recover And upon receipt or recovery in that
behalfe to make scale <fc deliver sufficient & legall acquittance
& release or releases and one or more Attorney or Attorneys
under him to substitute & from time to time to revoke and
all other matters & things therabout requisite to be done
for me and in my name to doe or cause to be done as
fully & effectually as I my self e in person might or could doe
Hereby ratifying confirming & allowing all and whatsoever my
said Attorney shall lawfully doe or cause to be done in the
premises In witnesse &c 15 Julii 41.



LECIIFORD S MANUSCRIPT NOTE-BOOK. 425

Me Thomam Allen de Barnstaple in Nova Anglia yeoman
tencr Join Eells do Dorchester in Nova Anglia pl tr in
Centum et Octoginta libris &c Dat 15 Julii 41.

The Condicon of this obligation is such that if the above
bounden Thomas Allen his heires executors administrators
and assignes shall from time to time & at all times hereafter
fullfill observe performc & kccpc all such articles coven 19 and
agreements conteyned & expressed in one deed indenture or
grant and one other writing inituled articles of agreement
indented made the day of the date of these presents betwecnc
the said T A of the one parte & the said J E on the other
parte which on y e p* and behalf c of the said T A his heires <fce
are to be fulfilled c Then <fcc.

[232] Knowe all men by these presents that I "\Vinifrid
Woolcot of Waterton in New England widdowc and adminis
tratrix of the goods <fc chattels rights & credits of John Wool-
cott l late of Waterton aforesaid planter deceased for and
in consideration of the summc of three hundred eighty and
eight pounds due & owing by my said late husband unto Ed
mund White of London merchant and for and in full pay
ment and discharge thereof according to the award a true
copy wherof Is hereunto annexed and another recorded by
the Recorder 2 of Boston made by Richard Bellingham Esq r
Deputy Governor & Increase Nowell Secretary of the Matta-
chusctts Bay in New England by vertue of an order of Cort
formerly made touching the premises doe hereby grant bargaine
and sell unto the said Edmund White All that dwelling house
set lying & being in Waterton aforesaid now or late in the
occupation of the said Winniired Woolcott and one garden and
seven or eight acres and all barncs stables stalls cowhouses
& outhouses gatwayes easements therto belonging And all that
dwelling house set lying & being in Waterton aforesaid now
or late in the occupation of [Wan&] and one garden and seven

1 John Wolcott, of Watertown, died 2 Stephen "VVinthrop, one of the sons

in 1639. He had been freeman March of Governor John Winthrop, was at this

4, 1635, and representative the May of time the recorder of Boston,
the same year.



426 LECIIFORD S MANUSCRIPT NOTE-BOOK.

acres of land broken up and all outhouses therto belonging
And one Lott of seven acres of land broken up lying in
Waterton aforesaid And one other lott of seven acres of land
broken up lying in Waterton aforesaid And three acres and
halfe of meadow lying in Waterton aforesaid And seventy
acres of land meadow or pasture in a dividend lying in Water-
ton aforesaid beyond the mill there And twenty live acres of
land meadow or pasture in another dividend lying in Waterton
aforesaid and thirty acres of land meadow or pasture in another
dividend lying in Waterton aforesaid And six acres of the
Township lying in Waterton aforesaid And all waves lights
easements commodities & appurtenances to the said scverall
houses lotts dividents <fe premises belonging To have and to
hould the said houses lands tenements hereditaments and all
& singulare the premises with the appurtenances whatsoever
unto the said Edmund White his heires and Assigncs for ever
And the said Winifrid Woolcott doth hereby for & in the con
sideration aforesaid give & grant unto the said Edmund White
foure working oxen two three yeare old stecres one heyfer w th
a calfe one other heyfer two cowes wherof one is lame one
yeareling [wfc] foure swine and one carte w th the appurte
nances To have & to hold the said goods & chattels unto the
said Edmund White his executors administrators and assignes
for ever. In witncsse &c A true coppy wherof is hereunto
annexed Dated last day of May Anno 1041. [4s. 6.]

Knowe all men by these presents that I David Yale of Lon
don merchant by vcrtuc of one letter of Attorney to me made
scaled & delivered by Edmund White of London merchant
bearing date the thirtieth day of January Anno Dili 1039
recorded this day by the Recorder of Boston in New England
have this day received of Winifrid Woolcott of Watcrtowne
widdow and administratrix of the goods and chattells rights
and creditts of John Woolcott late of Waterton aforesaid
deceased one deed of grant bargaine <t sale & gift and right
& possession of divers houses lands tenements & heredita
ments lyinir in Waterton afores d and divers goods & chattells
as the same is also recorded bv the said Recorder of Boston



LECHFORD S MANUSCRIPT NOTE-BOOK. 427

for and in full [233] satisfaction of the suniinc of three hun
dred eighty and eight pounds found this day to be reniayning
due from the said John Wooleott unto the said Edmund
White And therefore I doc hereby for and in the name of the
said Edmund White remise release and for ever quit claime
unto the said Winifrid Wooleott all and all manner of actions
suits and demands which the said Edmund White hath or may
have against the said Winifrid Wooleott her heires executors
or administrators for or by reason of the said debt of 388* or
any other debt matter cause or thing whatsoever from the
beginning of the world unto this present day In witnesse
<fe c . [1 _ G]

A letter of Attorney by Tho : Allen to John Eells. [Is.]

Anne Stratton of Salem in New England widdowe John
Stratton of the same gent John Thorndike of the same gent
and Elizabeth his wife and Dorothy Stratton of the same spin
ster make a letter of Attorney to Captaine Edward Gibons of
Boston in N E and Robert Stileinan of London merchant to
demand receive and recover of and from John Tlmrston of
Hockstou in the County of Suff Esq r Executor of the last will
& testament of M ri . 9 Alary Dearhaugh late of Barringhain in
the County of Suffolke widdowe deceased mother of the said
Anne Stratton and grandmother of the said John Elizabeth
and Dorothy All such Legacyes as are now due unto them by
the said last will & Testament. 19 Julii 1641.

And a testification that the Legatees are all living under
seale of the Country. [2 6]

EDWARD JONES 1 of Boston in N England carpenter p lt
WILLIAM LEEKE of Mcnnuicketucke gent defend 1 .

The said Edward Jones complayneth against the said Will
Leeke for the wheras the said William Lecke heretofore in or



1 No trace of Edward Jones nor of mentioned in Savage. Anthony Stanyou
William Leeke is to be found, for I fear is, however, noted by Savage, who adds
that this Edward Jones is not the one but little to our knowledge. He was



428 LECHFORD S MANUSCRIPT NOTE-BOOK.

about May 1G39 undcrtooke the care and charge of a conductor

to conduct the said Edward as the Apprentice or servant of

Anthony Stanyon from the hands of John Kirke of Tichmersh

in the County of Northampton in England gent unto the hands

of Anthony Stanyon sometime of Boston and now of Exeter

in New E planter with the Indentures therof and tkcrupon

afterwards the said William Leekc for his owne security as he

said procured the said plaintiffe to become bounden by another

indenture to the said defend* as his Apprentice or servant And

thereupon the said PlaintiiTe and his fi ather Edward Jones of

Wellingborow in the County of Northampton [blank ] did on

or about the first day of May Anno 1639 aforesaid deliver

unto the said defend 1 on London bridge one box full of cloathes

and commodities of the said Plaintiffes that is to say one box

worth 12 s wherin was one cloath suit worth 31 10 8 seven buck

ram shirts worth 42" one dozen and halfe of bands worth 35 9

six handkerchiefs worth 6 s 8 d three paire of yarne stockins worth

40 s one pairc of new shoocs worth 4 8 divers parcells of white

bone lace sent for tokens which were of 12 yards in a peece

w th other tokens of money to the value of 40 8 one flaxen sheete

worth 7 8 one broade axe worth [w<<&] one narrowe axe worth

[&//<&] one adds worth [Wan*] one twyebill worth [Wuwfc] one

dozen of awgcrs from two inches and halfe to halfe an inch and

an inch worth [Want] two paire of chissells worth [wjt] one

gouge worth [wfc] two paire of smoothing plane Irons worth

[Mi*fc] And t\vo joynt irons worth [W<ifc] one hollowing iron

worth [blank] one halfe round worth [Wunfc] one rabbetting iron

worth [i/wJt] All which were then worth the summe of [w<m&]

which said box and commodities the defend 1 then <t there

took into his charge and custody to be brought over into New

England for & with the said plaintiffe & there to be deliv

ered to him But the said defend 1 either lost or converted the

same to his owne use and hithcrunto detcyneth the said box

and commodities from the said plaintiffe To the dammage

of the said plaintiffe [fc/afc] and thereupon he brings his suit.



sometimes of Exeter, and sometimes of where he was town clerk in 1647, nn<l in
Uostou ; but latterly he lived in Exeter, 1654 was representative for Hampton.



LECHFORD S MANUSCRIPT NOTE-BOOK. 429

[234] Elizabeth Sutton l of Charles Townc in Now England
Spinster daughter of John Sutton late Citizen & Draper of
London deceased & of Elizabeth sometimes his wife makes a
Letter of Attorney unto Francis Lisle of B in N E b. and
Walter Blackborne of London haberdasher to receive & recover
all moneys due to her by law or equity whatsoever c dat
23. 5. 41.

Elizabeth Blackborne 2 wife of Walter Blackborne late of
Boston in N E g makes a letter of Attorney unto Joseph Welldc
of Roxbury in N England gent <fc John Johnson of the same
yeoman to receive & recover all debts dueties and demands
belonging to her said husband inNEand having received them
to pay the same over unto Mf Thomas Fowle of Boston afore
said to be conveyed to the said Walter Blackborne. 5. 24. 41.

*
Elizabeth Blackborne wife <tc makes a letter of Attorney

unto Thomas Fowlc of Boston gent to receive of <t from Joseph
Weld of Roxbury &c & John Johnson &c all debts duties
summes of money they shall hereafter receive & recover for the
said Walter Blackborne <fc to rcturne the same unto him by
such waves ,<fe meanes as to her said Attorney shall seeine
convenient 5. 24. 41.

T L 3 of Boston in N E g makes a letter of Attorney unto
Ensigne Thomas Savage of the same to receive all debts dutyes
sum me & summes of money & letters that arc due or shall be
due & sent to the said T L and the same letters to peruse &
send & returne them & the said moneys & debts to him in
money or good commodities as shall seeme good to my said
Attorney 5. 24. 41.

1 Elizabeth Sutton, spinster, can whither he had gone a year or KO before,
hardly be identified. She may have (See p. 215, ante.)

been sister of Lambert Sutton, of 3 Lechford went back to England in

Charlestown, who had wife Elizabeth, August, 1641, in the same ship in

and died in 1649. which his favorite preacher, Hugh Peter,

2 This seems as if Elizabeth Black- left the country, as well as Thomas
borne followed her husband to England, Welde and John Winthrop, jr.



430 LECHFORD S MANUSCRIPT NOTE-BOOK.

Samucll Nash ] of Weymouth in New England shoemaker
late of Burrough greene in the County of Cambridge makes a
letter of Attorney to Enoch Lunt of Weymouth in N E black
smith to rec 40* of Thomas Stevens of Comberton in the County
of Cambridge aforesaid yeoman due from John Dontree of
Papworth in the said County y. Stevens hath the bond 5.
25. 41. [1 6]

Forasmuch as M? George Story 2 & Gooddy Sherman seeme
to lay divers imputations on me for some advise that I have in
the simplicitie of my heart given them or one of them or her
husband now being purposed God willing to visit my friends in
England 1 thinke good being thereto requested to declare my-
selfe hereby in the said matter w ch I would have done sooner
if I had bin sooner requested of cither syde but on the contrary
I was intreated by Mf Keayne to forbcarc because as he said he
thought they would have brought the things in publick them
selves before this. And first I doe say that having heretofore
heard some probable things on gooddy Shermans parte I was
of opinion if things were so & so that she should have had
satisfaction for her sowe. Yet hearing of M* Keaynes confi
dence on the other side before the action tryed I was in sus
pense & advised goodman Sherman to goe by the way of the
Elders first and afterwards when so it could not be agreed yet
1 againc perswadcd goodman Sherman in my owne chamber if
it were possible to compound it upon reasonable terms [235]
before the tryall for I feared that Mr Keayne had proof es
unknown to gooddy Sherman.

Secondly when the verdict & Judgment was past I advised
them to beare themselves silently at least if they could not be

1 Samuel Nash is noted in Savage, insert in this note. It was a most
ns Plymouth 1632, an<l Duxbury 1643. trivial dispute at first in regard to the
It may be this man, but I should think ownership of a certain pig, claimed by
it unlikely. Knoch Lunt, one would Mistress Sherman, which had been
think, was about to return, if he had killed by Captain Keayne. But it
not already returned to England. was carried on with such vigor that

2 I fear that the whole tale of Mr. it finally embroiled the whole Colony.
George Story and Goody Sherman and It may be seen at large in Winthrop
Captain Keayne s sow is too long to (vol. ii. pp. 69, 116).



LECHFORD S MANUSCRIPT NOTE-BOOK. 431

satisfied for fearc of some corporall punishm* and I advised
them to submitt as farre as they could w th a good conscience
<t I would help them to draw it up in writing if they would but
they refused. After the executions a good while for \v ch the
Lord is witncssc I was heartily grieved hearing our Reverend
teacher M r . Cotton presse that point of Zacheus repentence for
using too severe exactions w ch pcradvcnturc yet he had Law for
I resolved 1 would sometime or other remember M r Kcayne of
it (whomever I tooke to be a conscientious & upright man in
the gcnerall & so hold him still to be) if that I should have a
faire occasion, whereupon one Lordsday when the Sacram* was
at Boston beinix the next day as I remember after the newcs

O

that it was supposed Mf Prynne had sent me money for my
passage I comming home was very ill in my stomach <fc went
to M 1 : Story for a little strong water [and having drank my
spirit a little revived, crossed out^ and then remembering
my purpose aforcs d I pcrswaded M. r Story to thinke of some
yeilding to Mr Keayne as farre as he & goocldy Sherman could
doc w th a good conscience promising that 1 would use all my
interest in Mr Keayne for to get restored all their dammages
to them or in words to that effect & no otherwise other words
I might speak w ch I doe not remember & herein cannot be
more particular because George Story refused yesterday to let
me then sec or have a coppy of the writing he hath behind
my backc [*%//>/e] & divulged concerning these things.

Fourthly all these motions and advises to them was of my
owne good will to them without any by respect as farrc as
I knowe my ownc heart <fc without the privity consent or setting
on of M. r Keayne or any of his or for him except God onely.

Lastly I never advised Mr Keayne in his actions or any of
them against the said partycs either before or since the exe
cutions or anything therabout All these to the best of my
remembrance I tender on my oath to be recorded that both
parties may have coppies therof if they please and I desire it
may be satisfactory as well in my ownc defence as if need
be bctweenc the said party es for peace sake w th out favor feare
or assertion of cither sydc. 5. 24. 41.

THO : LECHFORD.



432 LECIIFORD S MANUSCRIPT NOTE-BOOK.

John Bartoll of Marblehead in Ncw r England planter for
payd by Henry Ilazzard of Bristoll mariner makes a letter of
Attorney unto the said II. II. All that house <fc garden lying
in Crewkerne in the County of Somcrsett & ground thereunto
belonging given me by my father John Bartoll late of Crew-
kerne aforesaid glover deceased his last will & testament
proved either at Taunton or Welles to pay himselfe 8 1 & returne
me the rest in such commodities as I direct him by word or
writing, [-s.]

Robert Wing l of Boston prayes me to speake or send to
his Cosin Wing of Lomford dwelling in the Ladyes place, by
Dedham for to send him something. 26 Julii 1641.

[236] Elizabeth Thorpe 2 of Boston in New England [blank]
makes a Release to M* George Thomson of London merch*
& Rob 1 Thomson of the same merchant of all demands for 15 1
legacy given her by Elizabeth Thomson late wife of the said
George Thompson.

Winifrid Wolcott of Watcrton grants a house in Water-
townc late in poss on of John Lawrence 3 a garden six acres of
ground broken up 30 acres in a dividend & 4 acr & halfe by
itself e broken up in discharge of 88 1 in parte of payment of
the debt of 8731 7 d due to M? Edmund White by M* John
Woolcot her late husband by vertue of an order of Cort.

John Seberry 4 against Walter Merry for 151 w cb he over
valued the house he bought of him for 1701 by the valuation

1 Robert Wing came to New Eng- 2 Elizabeth Thorpe was, I suppose,

land at sixty years of age in the year some relation to Henry Thorpe of

1634. He grew old very fast, however, Watertown, but what I cannot say.

as Savage justly observes, having em- 8 John Lawrence was for a long time

ployed his time to such advantage that a resident at Watertown, where he had

in 1647 lie was over eighty ; and having many children, but finally moved to

nothing to live upon, he prayed the Groton, and died 1667.

General Court for relief, whereupon * John Seabury bought, in 1639,

he was respited from a fine he had with leave of the town, Walter Merry s

incurred. house, and half an acre under it, in the



LECUFORD S MANUSCRIPT NOTE-BOOK. 433

of John Button <fe Thomas Joy witnesses Thomas Marshall
<fc Benjamin Gilham.

Anne Norton of Ilingham widowe of William Norton her
late husband deceased complaines against Mf .Samuel] Warde 1



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 43 of 47)