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

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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 8 of 47)
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1 These are evidently Nathaniel for some years, and then afterwards for
Ward and John Norton, of Ipswich, Reading, whither he removed aliout
Thomas Parker, of Newbury, and George 1050; he returned, however, to Lynn,
Phillips, ofWatertown. where he died, very aged, in 1G87.

2 Richard Walker, of Lynne, thought 8 Two of the name, Samuel ami
to have come in 1630, was an officer in Thomas Howes, were at Yarmouth
the militia, so called, and a represen- (Mattachces, or Mattakrese) in 1G38.
tutive for Lynn in the General Court [T.]


the said Howes promising and undertaking to save me harmc-
lesse of the sayd suertiship and all Daimnagcs that sliould
arise and eomc upon me by reason of the same, and the said
Samuel Smith presented his accon for the said Debt against
both me and the said Howes, before the Governor Councell
and Assistants of the Jurisdiccon of the Massachusetts in
New E. in the Court there holden before them, the fourth day
of the tenth moncth of this present yeare and thcrtipon re
covered against me and the said Howes the siimmc of thirty
bushells of corne and tenne shillings for costs of suit in dis
charge whereof I was compelled to pay the summc of nyne
pounds and tennc shillings, the said Howes not having payd
any parte thereof, and also I have ben put to other charges
in travcll &, expcnces hereabout, to the summe of twelve shil
lings. Now I the said Richard Walker doe hereby authorize
and appoint my wclbeloved frcind Edward Dillingham of
Sandwich in N. E. gent, my true & lawfull Attorney to sue
the said [Wc/fc] Howes for me <fc in my name upon this my
accon of trespas upon the case, and my Dammagcs thereupon
to recover of and against him the said [blank ] Howes, to my
use, before the Governor and Court of the Jurisdiccon of New
Plimouth or elsewhere, Witnesse my hand and scale hereunto
set, the Twenty nynth day of the eleventh moncth, Anno Dni
1G38. In p r ncia mei T. L. [Is.]

This Indenture made the last Day of February, in the foure-
tecnth yeare of the raigne of our Soveraigne Lord Charles by
the grace of God King of England c. Annocp Dm 1638,
Betwecnc Samuel Cole of Boston in New England, Inholder,
of the one parte, and Captaine Robert Sedgwicke 1 of Charlcs-
towne in New England aforesaid, of the other parte, Witncss-
eth, that the said Samuel Cole 2 for and in consideration of

1 Robert Sedgwick,* a man of groat 2 "Samuel Cole set up the first

consequence, came in lf>35 to Charles- house for common entertainment" in

town ; died in .Jamaica, 1650. He was Boston in 1633 or 1634 ( JJ infh., i. 124-

ii prominent military man, captain of the 125). Tie was licensed by the General

artillery company in 1640, commander Court, September, 1635, under the Act

of the Castle the next year, and after- for the Regulation of Ordinaries passed

wards major-general of the Colony. the year previous (Mass. Rccords/i. 159) ;


the sumine of two hundred pounds of lawfull money of Eng
land to him in hand satislied & payd by the said Captainc
Sedgwicke, before the sealing and delivery hereof , whereof and

and his was the principal, if not the
only, inn of Boston until September,
1638, when, as appears by this convey
ance, and the articles of agreement which
follow, he sold it to Captain Robert Sedg-
wick. The position of the inn has al
ways been supposed to have been "on
the west side of Merchants Row, mid
way from State Street to Faneuil Hull "
(Whitman s Hist. Ancient and Hon. Ar
tillery Co., 2d ed., p. 45 ; see also Drake s
Boston, pp. 232, 240, and Memorial
History of UostoH, vol. ii. p. xx.). It
seems, however, from this deed that its
position was immediately to the north
of Edward Hutchinson s estate, whereon
the Old Corner Bookstore now stands.
The grounds for this opinion are as fol
lows : Cole kept an inn and sold beer
and wine, suffering various fines and
punishments, until March 12, 1G38,
when he received leave to sell his house
for an inn. This deed in the text is
dated the last day of February, 1638 ;
there is nothing to show that it was
immediately executed. The last men
tion of Cole as an innkeeper is May 2,
1G3S. In 1042, "whereas Capt. Sedg-
wick hath before this time set up a
brew-house at his great charge, & very
commodious for this part of the country,
he is freely licenced to brew beer to sell,"
etc. (Muss. Records, i. 214). Thus it
would seem that Sedgwick, having pur
chased the inn, took up the business of
innkeeping as Cole dropped it. It seems
that the business was carried on upon
the spot named above rather than by
the waterside, from the fact that Srdg-
wiek is given this piece of ground alone
in the Hook of Possessions, and that
nlthough the land in the text is not
accurately described, the idea to be got

therefrom is that it was to the north of
Mr. Hutchinson s estate. That Cole
kept his inn on this spot seems clear
from the fact that ho is said in the deed
to have lately dwelled there, and also
from his having at this time no other
land (known to us), except perhaps a
piece which he sold in 1645 to George
llalsall, a blacksmith and ferryman,
who had no license to sell beer or keep
an inn ; from which it would seem that
none had been kept there.

[For this reasoning I am indebted to
Mr. George Lamb, who was kind enough,
upon iny application^ *to look up all the
property held by Cole and by Seilg-
wick, and to send me his opinion upon
the subject. E. E. H., Jr.]

In June, 1637, the young Lord Ley,
son of the Earl of Marlborough, arriving
at Boston when Governor Winthrop was
absent, "took up his lodging at the
common inn ; " and afterwards declined
the Governor s invitation to become his
guest, "saying, that he came not to be
troublesome to any, and the house where
he was, was so well governed that he
could be as private there as elsewhere "
(}Viuth., i. 230). A few months after
wards (Nov. 15, 1637) Mr. Cole " being
convented for having had much disorder
in his house, selling wine contrary to
order, and beare above the price or
dered," was fined 30 ( Mass. Records, i.
208). At the same Court his name ap
pears among those of " Boston men to
be disarmed" for their sympathy with
Mr. Wheelwright and Mrs. Ilutchinson.
In March, 1638, his fine Avas "respited
till the next Court, and hce hath lib
erty to sell his house, for an inne "
(Ibid., p. 226). And after he had effected
the sale, his fine was again remitted,


wherewith the said Samuell Doth acknowledge himsclfe sat
isfied & paid, and thereof and of every purtc thereof
doth acquitc, release & forever discharge the said Captaine

and finally " discounted," by a grant
of 10, iu November, 1639 (Ibid., pp.
245, 279). Subsequently Mr. Cole lived
at I umney Marsh (Chelsea), where he
had a "great allotment" of laud,
laid out in 1037. He was one of the
constables of Boston in 16-48 ; select
man, 1653, and for several years after
(Drake s Boston, pp. 235, 312, 333, etc.).

It appears by this conveyance and
the accompanying articles of agree
ment, that in September, 1638, or
shortly before, he was living in the
south half of a new house, adjoining
the old (which was yet standing), the
north part of which was sold to Thomas
Marry ott (or Marrett) and others ; and
that Mr. William Hutchinson and his
wife were his next-door neighbors un
til the removal of Mr. Hutchinson to
Khode Island.

Whether Captain Sedgwick occu
pied for a time the house purchased
of Mr. Cole, or let it to some other
person as an ordinary, does not ap-
penr. In November, 1637, he had
" set up a brew house," and was li
censed by the Court to brew and sell
beer (Mans. Records, i. 214). In No
vember, 1639, he "was admonished
to take heede of oppression" (Ibid., p.
279), but of what kind, the record does
not inform us. A few months later
(April 30, 1640) William Hudson
having been chosen by the town of
Boston to keep an ordinary was
allowed by the Particular Court, and
by the General Court in May follow
ing (Iltid., pp. 287, 290).

Josselyn says: "In 1637 there were
not many houses in the Town of Bos
ton, amongst which were two houses
of entertainment, called Ordinaries "

(Second Voyage,, p. 173; 3 Mass. Hi fit.
Coll., iii. 337). Mr. Drake thought
that "if Josselyn meant that there
were two inns in 1637, he probably
included the/ one in Charlestown," as
there is nothing in the records to show
that there was more than one in Bos
ton (Hist, of Boston, p. 240, note).
But it is certain that William Baulstou
(or Balstone) was "licensed to keepo
a house of intcrtainment and ... to
sell such claret and white wine as is
sent for," in June, 1637 (Mass, Rec
ords, i. 199). Balstone, like Samuel
Cole, was an adherent of Mrs. Hutch
inson ; like Cole, he was lined prob
ably for "disorder in his house" in
November, 1637, and disarmed, with
other Boston Antinomians, the same
month ; having been previously fined
and disfranchised for signing the peti
tion in favor of Mr. Wheelwright.
The following March he was licensed
to depart the jurisdiction of Massa
chusetts (with Coddington, Coggeshnll,
and others), and not long afterward?
removed to Portsmouth, II. I. (.l/ii-w.
Records, i. 207, 208, 212, 223 ; Sav
age, Gcneal. Diet., s. n.). In August,
1638, the town of Boston authorized
Mr. Thomas Cornnell to "buy brother
Willyam Balstone s house, and to be
come an inhabitant" (Town Records,
p. 35) ; and in September the General
Court licensed Cornnell, or Cornhill [or
as I.eohford once writes the name, far
ther on, Cornish], " to kcepe an inn, in
the roome of William Banlston " (Muss.
Records, i. 238). Cornhill was not more
fortunate than were his predecessors in
retaining the favor of the Court. In
June, 1639, after having been fined
"for several offences," he was "alowed


Sedgwickc, his [32] heircs, executors and administrators and
every of them by these presents, Hath granted, bargained &
sold, and by these p r sents doth grant, bargaine & sell unto the
said Captaine Sedgwicke, all that parte of one new mansion
house in Boston aforesaid wherein the said Samuel [yet dwell-
eth, crossed out,] lately dwelled [together with the old house
and leanetoos and stable, hogstyes, and house of ollicc, yard
and garden, betwixt the house & garden of Mr. Williu Ilutch-
inson on the south parte and that other parte of the said
mansion house, of the said outhouses crossed out,] w ch lyes
to the south end of the said house beyond the sommer or
beanie w ch lyes overthwart the great chamber, and up and
downe by the said beame from the bottome of the seller to
the top of the house, and in breadth from cast to west the full
extent of the said house and shcdds adioyning (excepting
roome on the south parte of the said bcame, next to it, for the
making of a stacke of brick chimneys from the seller to the
top of the said new house, for that part of the same house
assured to the said Thomas Murryot & others) And also all
that parte of the garden belonging to the said house w ch
lyes from the north parte of the corner post of the new gar
den pale southward, and soe through the garden to the west
end of it, [And also the northcrne halfe of the brew house,
and all that parte of the court yard lying opposite to the old
house, reaching six foote from the corner of the shedd of the
new house to the corner of the shedd of the old house w ch is
on this & from the said shedd south westward to the end of
the said yardc crossed out,] And also the old house and leau-
toos, yard & garden thereto belonging, and all wayes, case
ments, lights & fences to the premises belonging, except as
much ground of the said yard of the old house as rcacheth
straight alonur from the corner of the shedd of the new house

a month to sell of his Leare \v ch is upon his pi-tit ion for the remission of the

his huml, and then to cense from keep- penalty, June 6, 1639 (Xote-book, p. 55,

ing intcrtaimnent, and the towne to post). Jan. 11, 1639-1640, Cornell sold

provide another" (Ibiil.j pp. 260, 266). his house and lands to Edward Tyug

The offences for which he incurred the (Sit/. Deeds, ii. 26). [T.J
displeasure of the Court are set forth in


within six footc of the corner of the shedd of the old house,
and except put supra, To have & to hold all and singulare the
p r mises w th the appurtenances, except below cxceptcd, unto
the said Captain Scdgewick his heires and assignes for ever
To the only use and proper bchoofe of the said Captain Sedge-
wick his heiros and assignes for ever. And the said Samuel
Cole doth for himself his heires executors and administrators
Covenant promise and grant to and w th the said Captain Scdge
wick his heires and assignes hy these presents that he and they
shall or lawfully may quietly and peaceably hold and enjoy
the premises and every part thereof hereby mentioned to be
granted freed and discharged of all incombrances whatsoever
for any thing done or to be done by the said Samuel Cole his
heirs executors administrators or assignes to the contrary
thereof notwithstanding. And further that he the said Samuel
Cole his heires and assignes and his wife shall and will do and
make any further assurance in the law whatsoever [33] for
the more sure making of the premises hereby mentioned to
be granted unto the said Captain Scdgewick his heires and
assignes according to the purport of these presents, w th war
ranty against him the said Samuel Cole and his wife and their
heirs and against all manner of persons clayming or that shall
or may clay me from by or under him them or any or either of
them and by the said Captain Sedgewick his heires or assignes
shall be reasonably advised devised or required any time w th in
the space of seven yeares next ensuing the date hereof so that
for the doing or making thereof the said Samuel Cole and his
wife and their heires and assignes shall not be compelled to
travell out of the jurisdiccon of the Massachusetts bay in New
England. In witncsse &c. [6s.]


Articles of agreement indented made the ffirst Day of Septem*
ber x in the yeare of our Lord 1638, Betiveene Samuel Cole
of Boston in New England, Inholder, of the one parte and
Captaine Robert Sedwicke of Charlestowne in New England
of the other parte, in manner and forme following :

1. Imprimis the said Samuel Cole for himselfe and his wife
and their heires shall for two hundred pounds firmly convey &
assure unto the said Captaine Sedgwicke, his heires and
assignes for ever, all that parte of the new house wherein the
said Samuel lately dwelled in Boston aforesaid, and the old
house adjoyning w th the shedds, court yard, garden and appur
tenances, to be divided from that parte of the said new house
and garden w th the appurtenances assured to Thomas Marryot
& others, and the old house and leantoos, yard and garden
thereto belonging, w th the appurtenances.

2. It iii, the said Captaine Sedgwicke is to find one hoggshcad
of lyme and the said Samuel Cole shall therewith cause to be
mended the backe of the chimney of the leantoo and the rough
cast of the outsydc of the new house, the said Samuel finding
all other materialls necessary thereunto.

3. Itiii, the said Captaine Sedgwicke shall have the buildinges
and materialls of the stable, hogstyes and house of office on
that parte of the said new house, yard & garden assured
to Thomas M. & others now standing, to be removed by the
said Captaine Sedgwicke when he will, or when he shall be
required so to doc by the said Thomas M. and others or their

4. It in, that the said Captaine Sedgwicke, his heires and
assignes, shall at their costs & charges cause the premises to
him and them to be granted, to be divided from that parte of
the said new house and garden and yard assured to Thomas
Marryot and others as aforesaid, and remove & build chim
neys & doe all other things, as the said Samuel Cole is bound
to doe by a ccrtaine writing under his hand & scale made
unto the said Thomas Marryot and others, Dated the tenth of

1 First written (and crossed out), "the twentyeth day of February." [T.]


Aprill last past, whereof the said Oaptaine Sodgwicko may
take a coppy.

5. ItiTi, the said Captaine Scdgwickc shall at his cost and
charges cause to be clapboardcd round the house frame of the
said Samuel Cole now in rearing next M. Grccnesmith s ! in Bos
ton precincts, and cause to he layd two floares in the said house
w th hoards, and shall pay for the thatching of the said house, and
lend the said Samuel Cole a lighter to fetch the thatch for
the same. [2s. Qd. and a coppy of M? Marriotts hargaine, 8d]

[34] This indenture made the sixteenth day of March,
Anno Dili 1638, Betweenc Richard Evcred 2 of Dcdham in New
England, Pharier, of the one partc, and Thomas Nelson 3 of
Boston in New England, gent, of the other partc, Witnesseth,
that the said Richard Evered for the sumo of tcnnc pounds to
him in hand payd by the said Thomas Nelson, whereof the

1 This was probably Steven Green-
smith, who had incurred the displeasure
of the Court in March, 1637, " for
ailiniiing that all the ministers (except
Mr. Cotton, Mr. Whcelright, and hee
thought Mr. Hooker) did teach a cove
nant of works." For this he was fined
40, and required to give satisfaction
to the ministers and the churches. In
August following he was committed
for non-payment of his fine (Mass. Rec
ords, i. 189, 196, 200; Jf r intJi., i. 234).
In September, 1636, Mr. Cole was fined
for the breach of a town order, in selling
a lot to Mr. Greenfield [Greensmith]
without consent of authority ; and soon
alter "Mr. (Jreensmyth " is named as
the proprietor of land near Mr. Cole s
ground at Huniney Marsh (Drake s Uos-
ton, pp. 194, 195). [T.]

2 Mr. Savage says this name " is
uniformly given Everard." The name
of Ezekiel Rogers, as a witness to this
mortgage, suggests the possible affinity
of this Richard Everard to " Sarah,
daughter of John Everard, citizen of

London," who became the second wife of
the Rev. Daniel Rogers, of AVethersficld,
Essex county, son and successor of the
Rev. Richard Rogers, and elder brother
of the Rev. Ezekiel Rogers (Candlcr
Manuscript, corrected rending by Colonel
J. L. Chester, in Proc. Mass. Hist. Soc.,
1860-1862, p. 496). This instrument
shows Everard to have been a pro
prietor and householder at Cambridge,
if not an inhabitant, before his set
tlement at the new plantation of
Dedham. [T.]

3 Thomas Nelson came, probably
with the Rev. Ezekiel Rogers [witness
to this indenture], in the summer of
1638, and was living at Boston until
the establishment of the Rowley Com
pany in their new plantation (see p. 1,
ante, note). In his will of Aug. 6, 1648,
he names as his executors his "uncle,
Richard Dummer," and Governor Bel-
lingham (Hist, and Gcncal. Jlcg., iii.
267). He married Joanna, daughter of
Thomas Dummer, of Salisbury, and
niece of Richard (Savage}. [T.]


said Richard Evcrard doth hereby acknowledge the receipt and
that he is thereof and therewith satisfied hath granted, bar
gained & sold and by these presents doth grant bargaine &
sell unto the said Thomas Nelson All that his house and lott
lying in Cambridge in New England and six acres of arrable
land thereto adjoyning, and five acres of medowe thereto be
longing, w th the appurtenances, To have and to hold the prem
ises with all an<^ singulare the appurtenances unto the said
Thomas Nelson his heires and assignes for ever to the only
use and proper behoof of him the said Thomas Nelson his
heires and assignes for ever. And the said Richard Evered
doth hereby covenant, promise & grant to and w th the said
Thomas Nelson his heires and assignes by these presents that
they shall or may lawfully quietly hold the premises freed of
all incumbrances whatsoever notwithstanding any thing done
or to be done by him the said Richard Evered his heires ex
ecutors administrators or assignes. Provided always that if
the said Richard Evered his heires or executors shall truly
pay or cause to be payd unto the said Thomas Nelson, his
heires or assignes, the summe of tenne pounds, at the house
of Richard Bellingham Esq r in Boston aforesaid, upon the
thirtieth day of September next ensuing the date hereof, then
this grant bargaine & sale shall be voyd. In witnesse <fcc.
Ez. Rogers, Jacobi Luxford, & mei. [3s.]

To all to whome these presents shall come greeting,
Whereas I Richard lies 1 of Charlestowne in New England,
Carpenter, did heretofore retcyne one servant named Ambrose

1 His name is here written as it ap- accustomed caution, notices this Richard

pears in the record of his will, on the under the several surnames of "lies or

first page of the Suffolk Probate Records, Hills," "Hill or Hills," and " Eells,

vol. i. (Hist, and Gencal. Rcg. y ii. 102, Ells, Eels, orEales;" but finds "much

186). Mr. T. W. Harris, in notes on plausibility " in the argument for Hills

this will (Ibid., p. 218), said that Rich- (Geneal. Did., ii. 105, 419). Elsewhere

ard Hills, " incorrectly written lies" Lechford writes, "John lies of Dorches-

\vas a cooper ; admitted an inhabitant tcr," whose name usually appears as

of Charlestowri in 1638 ; and that he Hills, or Hill (p. 90, post). But he

was probably a younger brother of Mr. writes "Joseph Hills of Charlestown,"

Joseph Hills, who became an inhabitant as in deposition, July 30, 1639 (p. 91,

at the same time. Mr. Savage, with post). [T.]


Sutton to serve me in the trade of Carpentry by the space of
five yearcs from the last day of May last past to be fully com-
plcatc and ended, for certain wages agreed on betwccne me
and the said Ambrose by Indenture made betwccne me &
him, and whereas I appointed him to worke for me at the
Island called Aqueduct, where he received three pounds and
t\velvc shillings for his workc, w ch money is due to me, being
his Master, notwithstanding the sayd Ambrose contrary to his
duty is departed from my service, carrying w th him the said
money. Therefore hereby I doe authorize and in my place
put my [35] much esteemed freind M Isaackc Allerton my
lawfull Deputy and Attorney for me and in my name to pur
sue, findc out, apprehend and recover my said servant and the
said money, by the authority of any magistrats or governors
whatsoever, either Christian or heathen, and him to bring
or cause to be brought backc to me, ratefying and allowing
whatsoever my said Attorney or Deputy shall lawfully Doe in
the p r mises. In witnesse <fcc. 19 Martii, 1688, in p r ncia mci
& Thome Yeowe. 1

The description of the said Ambrose Sutton. He is aged
26 yearcs, of browne blacke haire, a full face, a black eye, a
sharp nose, some haire upon his upper lip, of middle stature,
well sett. His cloathcs, a coloured white russet hat, a sute of
kersy home-made cloath neare a lead colour. And he was
borne in Wcstwell ncare Burford in Oxfordshire. [Is.]

To all Christian people unto whome these presents shall
come, 1 Nicholas Parker of Boston 2 in New England, yeoman,

1 Thomas Yo\v is named as a land- supplies yet another, in his mention of

holder in Boston in 1648 (Look of Pos- "Thomas Yau, master of a vessel clear-

sessions, p. 45) ; and I have not met with ing [from Boston] for the Kenebec," to

the name earlier, on this side of the whom the Father was "very particu-

Atlantic, except in this instrument, and larly commended" by "Sieur Guebin,"

in a mortgage by Allen Yewe, of Boston, [Major Gibbons] (Coll. N. Y. Hist. Soc.,

mariner, executed in 1640 (and copied 2d ser., iii. 315, 310). [T.]

on a subsequent page from Lechford). 2 Nicholas and Richard Parker,

Mr. Savage gives Yow, Yeo\v, and Yew both of Boston in 1639, were joint

as varieties of the surname Yeo ; and owners of a house and lot (next Mr.

Father Druillettes, in the Journal of Thomas Welde s) in Roxbury, which

his embassy to New England, in 1650, they sold, July 18, 1639, to William


send greeting in our Lord God everlasting, Know yce that I
for the summc of thirty pounds of currant money of England
to me in hand payd by [Walter] Blackborne l of Roxbury in
New England, [gent.,] Doe hereby grant, bargaine and sell
unto the said [Walter] Blackborne, all that my parccll of

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 8 of 47)