Showing posts with label court. Show all posts
Showing posts with label court. Show all posts

Thursday, December 31, 2015

The Naughty Wife - 52 Ancestors #49

Frances, the wife of immigrant William Hilton, had a fiery streak. She appeared in court in a number of times. Her relationships with her husbands and her neighbors seem especially tumultuous.

Frances first shows up in court in October 1649 when she was admonished for fighting and abusing her neighbors with her tongue. William Hilton was also in trouble for violating the Sabbath by carrying wood from the woods and also for failing to have food and drink on hand for strangers and inhabitants.

June 28, 1655: Frances was found guilty of "railing at her husband and saying he went with John his bastard to his three halfe penny whores and that he carried a cloak of profession for his knavery." Her accusation and language resulted in her sentence to be whipped - "twenty lashes upon the bare skin." This would be set aside if she remained on good behavior until the next country court and no more complaints were brought against her. However, if she had other complaints against her, the authorities would carry out the original sentence. Her husband died within the next year.

After William Hilton died, Frances married Richard White. Richard was the administrator of the estate of William Hilton. Richard and Frances had some conflict with Rice Jones. In 1656, Richard sued Jones for slandering Frances. Jones countersued Frances White for "causelessly abusing" the wife of Rice Jones with "opprobrious and disgraceful speeches." In 1657, Joan Andrews was presented for "threatening Goody White (Frances) at York in a profane manner saying that she would swear herself to the devil but she would be avenged of her."

This might have to do with the accusations of adultery leveled against Frances. Magdalene (Hilton) Wiggin was presented to the court for saying that she saw "William Moore and her mother Frances White" in an act of adultery. Magdalene was either the oldest daughter of Frances or perhaps the youngest daughter of William Hilton and his first wife.




In 1658, Richard & Frances White were back in court because they were fighting with one another. Then in 1660, they were in trouble for allowing men to be drunk in their home on the Sabbath and for not attending public meeting. They were also accused of "common lying and backbiting of their neighbors and slandering them and for their great disorder in falling out and fighting one with another and for beating company in their house and for beating Mistress Gunnison and Joseph Davesse, his servants and Richard White for being drunk several times." Richard White paid a fine for this case and they seem to stay out of court records for a long time. In 1675, they were once again in trouble for not attending public meeting.

William & Frances Hilton
William Hilton, Jr. - two lines from him

Mainwaring Hilton - brother of Hannah (below)
Ebenezer Hilton
Ebenezer Hilton, Jr.
Samuel Hilton
Catherine (Hilton) Churchill
Loann (Churchill) Rowe
Anna (Rowe) Hayes
Eva D. (Hayes) Yates
Linona Alice Yates - my grandmother

Hannah (Hilton) Shepard - sister of Mainwaring (above)
Thomas Shepard
Robert Shepard
David Shepard
Sarah (Shepard) Emmons
Laura (Emmons) Yates
Estes G. Yates
Linona Alice Yates - my grandmother


Thursday, December 17, 2015

A Cheddar Man - 52 Ancestors #47

Robert Rogers is referred to as a "Cheddar Man" in colonial records. This sounds way more interesting than it turns out. Evidently, Robert Rogers was born in Cheddar, Somerset, England. He was probably baptized on January 11, 1618, in Cheddar, but there are not enough records to make this a certainty. While Rogers nickname turned out to have a simple explanation, there are other things about Robert that make him an interesting character.
Cheddar, Somerset, UK
Robert came to New England as part of a group that settled on the Agamenticus patent of Sir Ferdinando Gorges. He arrived between 1634 and 1641, probably closer to the later date. Robert never took the oath of a freeman. In order to take that oath, a man had to belong to a Congregational or Puritan church. Sir Ferdinando Gorges intended his patent to be Anglican and it is likely that Robert Rogers belonged to the Church of England. That would put him on the outside of the Puritan society of Newbury, Massachusetts, where he settled.

Robert had a series of court cases that also seem to show that he didn't quite fit in.


  • On the 27th of the 5th month of 1643, he was charged with "receiving stolen wine" and "being consenting in it." It would appear that Samuel Bacon was the wine thief and Miles Thompson, Toby Davies, and Robert Wyar were his drinking companions. Miles Thompson was another of my ancestors, a 10X great-grandfather. 
  • In September 1653, Robert Rogers was named among "those who have neglected the watch at Newbury." 
  • "Robert Rogers was admonished upon his presentment and was bound to good behavior." Some interaction between Robert and two women took place in the orchard of Richard Dole. The women were Hester Bond and Mary Rolfe. The women testified that Robert said, "he was sorry there was such a difference between them, but if she [Hester] had kept her tricks to herself they might have lived well enough." Hester replied, "she was afraid he was in drink, but he said no, he was in cold blood." Unfortunately, there are no more detailed records to shed light on the nature of the dispute or any previous interactions. 
Robert Rogers died on December 23, 1663, in Newbury. Susanna married William Thomas on March 8, 1665, and died on March 29, 1677, in Newbury. 


Robert & Susanna Rogers
Thomas Rogers
Isaac Rogers
Rebecca (Rogers) Blaisdell
Stephen Blaisdell
Susannah (Blaisdell) Rowe
Stephen B. Rowe
Charles H. N. Rowe
Anna J. (Rowe) Hayes
Eva D. (Hayes) Yates
Linona Alice Yates - my grandmother

* If you search the internet for "Cheddar Man," you will find some interesting stories about prehistoric remains found near the village of Cheddar in England.

Sunday, November 15, 2015

Witness to a Violent Altercation - 52 Ancestors #45

Samuel Younglove is my tenth great-grandfather. He was a butcher and lived in Ipswich, Massachusetts. On July 1, 1633, he married Margaret Leggatt in Epping, co. Essex, England and in 1635, they came to America on the Hopewell. 

        
On November 23, 1668, Samuel gave an account of a situation between Joseph Lee and "Goodman" Hunt. With a little further research into the court records of Essex County, I was able to find that "Goodman" Hunt was Samuel Hunt, Sr. The source of their dispute was the keeping of sheep and they had previous violent encounters.  

Scutching or Swingling knife
Lydia Burnham, aged about 24, testified, "that when young John Lee and Goodman Hunt were 'wording it' about the sheep, Joseph Lee came up the lane to Hunt with a club in his hand as large as a swingle [a wooden tool for beating flax], and told him to stand aside or he would knock him down. Hunt said he had as good a right there as he and took Lee by the collar, and tripped up his heels." 


Thomas Knowlton, aged about 27, deposed "that he told Hunt that he heard he had pulled the hair from Joseph Leigh's head, which Hunt owned, and said had it not been for the old man, he would have pulled them all out." 

Martha Gilbert deposed "that she saw the fight and when Hunt had Joseph Lea down, old Goodman Lea came up with a pitchfork which had but one tine and struck Hunt two blows. Had young John Lea not interfered, he would have killed Hunt, and she was the blood run down Hunt's head." 


Samuel Younglove's account includes the details that Joseph Lee struck Hunt "as hard as he could" and that afterward he could "see the bone upon his head." 


Children of Samuel & Margaret (Leggatt) Younglove:
  1. Samuel Jr. was born about 1634
  2. Joseph was born about 1638
  3. Lydia was born about 1643
  4. Abigail was born about 1653
  5. Hannah was born about 1656
  6. Elizabeth was born about 1657


Samuel Younglove
Abigail Younglove
Jonathan Parsons
Abigail Parsons
William Rowe
Stephen Blaisdell Rowe
Charles H. N. Rowe
Anna J. Rowe
Eva Delphinia Hayes
Linona Alice Yates - my grandmother

Sources:
NEHGR Vol. 16, pg 49 accessed at AmericanAncestors.org on January 27, 2015

Sunday, October 25, 2015

The First Chief Justice of Maine's Supreme Court - 52 Ancestors #42

"PrentissMellen" by John Brewster, Jr. -
Biographical Directory of the United States Congress.
Licensed under Public Domain via Commons
The first Chief Justice of the Maine State Supreme Court was my 1st cousin, 7X removed.

Prentiss Mellen, son of Rev. John & Rebecca (Prentiss) Mellen, was born on October 11, 1764, in Sterling, Massachusetts. He attended Harvard College with his brother, Henry, from 1780-1784. After graduating from Harvard, he worked as a tutor and studied law with Shearjashub Bourne. He was admitted to the bar at Taunton in October 1788 and practiced in Sterling and Bridgewater, Massachusetts. However, he was still struggling to find his place. In July 1792, he moved to Biddeford, Maine and began his rise through the ranks of Maine's top lawyers, eventually settling in Portland and joining an active group of lawyers.


The Biographical Encyclopedia of Maine of the Nineteenth Century states that:
      When pleading at the bar, Mr. Mellon was fervid and impassioned. His countenance gleamed with bright intelligence. His intuitions were quick, and of necessity not always accurate...His client's cause he made his own. He never forgot or neglected it, nor failed to avail himself of an antagonist's errors or weakness to achieve a victory. His musical voice, tall and imposing appearance, and fascinating manner were all elements of professional power that he well knew how to utilize.

In addition to his work as a lawyer, Prentiss Mellen was involved in the political arena. He served on the Executive Council of Massachusetts in 1808, 1809, and 1817. In 1817, he was also Elector-at-Large to the Electoral College. He was a Representative from Massachusetts from 1817-1820. In 1820, he was appointed the first Chief Justice of the Maine Supreme Court. He served as Chief Justice until October 1834 when he was constitutionally forced to retire at the age of 70.

"Official medallion of the British Anti-Slavery Society (1795)"
 by Josiah Wedgwood (1730-1795) and either William Hackwood or Henry Webber;
Licensed under Public Domain via Commons 
In 1833, he became the president of the newly formed abolitionist society of Portland. The vice-presidents were Samuel Fessenden and Rev. Gershom Cox.

Prentiss wasn't done, though. In 1838, the Governor of Maine appointed him to be the chairman of the committee overseeing the revision and codification of state laws. This work produced 178 chapters under twelve titles. Once adopted by the Maine Legislature, it became the first volume of the Revised Statutes.


Again The Biographical Encyclopedia of Maine of the Nineteenth Century gives a glimpse into his character.
     Deeply religious, devoutly attendant upon public worship, faithful, and conscientious in the performance of every duty, and true in every relation of life; of cheerful and gay temperament, overflowing with wit and anecdote, social and benevolent - he was a welcome guest in every company, and one of the brightest ornaments of the society in which he lived. Possessed of vivid imagination and nice literary taste, he himself cultivated a seidisant acquaintance with the muses. Poetry, or rather rhyming, was the sport of leisure hours to the very evening of his life...Judge Mellen met death with all the composure that might have been expected from one of his sincere faith and firm religious principles. Perfectly submissive to the Divine will, he was wishful to depart, and yet content to stay. When the silver cord was at last loosened, the golden bowl broken at the cistern, his spirit triumphantly ascended to its celestial home.

Prentiss Mellen married Sarah "Sally" Hudson in May 1795 and they had six children.

Children of Prentiss & Sally :

  1. Caroline A. was born on February 24, 1796, and died on August 25, 1800.
  2. Augusta S. was born on December 27, 1797.
  3. Grenville was born on June 19, 1799, and died on September 5, 1841. He was a lawyer and a poet. He married Mary Southgate. 
  4. Caroline M. was born on March 26, 1801. 
  5. Sally S. was born on January 14, 1803, and died in 1874. She married Nicholas Gilman. 
  6. Frederick was born on December 3, 1804, and died in 1834. He was a graduate of Bowdoin College and practiced law. 


Sally (Hudson) Mellen died on September 10, 1838. Prentiss Mellen died on December 31, 1840. They are buried in Western Cemetery in Portland, Maine. His Findagrave Memorial

Henry & Abigail (Pratt) Mellen
Thomas Mellen - brother of Rev. John Mellen, uncle of Prentiss Mellen
Mehitable (Mellen) Freeland
Frances (Freeland) Carter
Elias Mellen Carter
Augustus Mellen Carter
Edward Mellen Carter
T. Richard Carter - my grandfather

Sources:
Findagrave.com
Wikipedia
Biographical Encyclopedia of Maine of the Nineteenth Century. Boston: Metropolitan Pub. and Engraving, 1885. print. Accessed on Internet Archive, 25 Oct. 2015.

Saturday, October 10, 2015

Running from the Law - 52 Ancestors #41

Henry Jaques, Jr. is my 8th great-uncle. He was born in 1649,  the son of Henry & Anna (Knight) Jaques. In 1666, at the age of 17, Henry got himself into some trouble with the law and fled, possibly with some help from his father. Henry Jr. was found guilty of fornication with Elnor Bryner. 

Elnor was left to face the charges alone and was sentenced to be whipped or pay a fine of £5. Her fine was paid by John Knight. 








The court dealt harshly with Henry Jaques, Jr. He was ordered to appear in court or the penalty would be the forfeiture of 30% of his estate and the loss of the right to vote. Henry ended up with two fines. The first was for £30, six times what Elnor paid! He paid a second fine two months later, but the amount of the second payment is unknown. 



Henry married Anne Trueman, probably about 1673. They had four children.

Sources:
Essex Quarterly Court records
The Ancestry of Phoebe Tilton  by Walter Goodwin Davis

Henry Jaques, Sr. 
Elizabeth (Jaques) Knight
Henry Knight
Eunice (Knight) Sawyer
Hannah (Sawyer) Hilton
Catherine (Hilton) Churchill
Loann (Churchill) Rowe
Anna J. (Rowe) Hayes
Eva D. (Hayes) Yates
Linona Alice Yates - my grandmother

Sunday, September 27, 2015

An Unhealthy Obsession

Sarah Whipple was fifteen years old when a man named John Hobbs developed an unhealthy obsession with her. Sarah was my 8th great grandaunt, the daughter of my 9th great-grandparents, John & Sarah (Kent) Whipple. Her mother died when she was an infant and her father remarried, Elizabeth Woodman. When this happened, she was living in Newbury with her uncle, Richard Kent and it was Richard who filed the complaint against John Hobbs of Newbury in the Ipswich courts. I believe this is the John Hobbs who was born in 1652 to Thomas & Martha Hobbs. That would make him twenty years old and five-six years older than Sarah. 


Initially, Hobbs was found guilty and sentenced, but he appealed and was released on bond. He failed to appear at his next court appearance on September 24, 1672. He continued to "abuse her by many scandalous defamations and threatened to have the blood of any person that shall come to her under any pretense of love." Her father, John Whipple, then urged the court to bring Hobbs to answer for his behavior.

Sarah's testimony in the matter says that Hobbs had stated to her uncle that he would not allow any man to court her or it "would be the death of him" that tried. Rebecca Long backed up Sarah's testimony. (Rebecca is my 9th great-grandmother.) Beriah Browne testified that Hobbs told him that "he would be the death of any man who sought Sary Whipple in marriage and God's blud I think you are the man." Henry Akers testified that Hobbs also threatened Richard Doell and Beriah Browne because he suspected they were interested in Sarah.

Six months after failing to show up for his appeal, the Court record of March 25, 1673, reads "John Hobbs, for profane swearing the threatening to kill, for railing and shamefully abusing Sarah Whipple, and for not prosecuting his appeal at the last Ipswich court, was bound to good behavior, especially to Richard Kent and Sarah Whipple, and not to come into her company."

John Hobbs does not appear in the court record on this matter again. Sarah Whipple married Henry Short, Jr. on March 30, 1674.  There is no record of what reaction John Hobbs had to this event. What is known is that John Hobbs was one of the men killed during the Bloody Brook massacre on September 18, 1675.
Monument to those killed at Bloody Brook

John & Sarah (Kent) Whipple
Matthew Whipple - brother of Sarah
Dorothy (Whipple) Perkins
Ann (Perkins) Packard
Cynthia (Packard) Dunham
James Dunham, Jr.
Florilla (Dunham) Ellingwood
Nina (Ellingwood) Gibbs
Annie (Gibbs) Cotton
Fern Lyndell Cotton - my grandmother

Saturday, September 26, 2015

Pigs & Bacon - 52 Ancestors #38

One of my favorite stories about an ancestor because it is so funny to know that someone named Bacon got in trouble for stealing pigs. 

I bought a copy of Diane Rapaport's, New England Court Records, which is primarily a source book detailing repositories of early court records. Near the back of the book she recounts several interesting stories. One she originally wrote as a magazine article caught my eye. She calls this story "The Case of the Purloined Pigs." The story itself was interesting enough but even better to find my ancestor was the one doing the purloining (if that isn't a word, it should be). 

Michael Bacon, (you have to smile at the irony), showed up at the house of William Munro, of Cambridge Farms, after a late November snowstorm looking for his pigs. He was known for letting his pigs wander and this time they had traveled a considerable distance from his home in present-day Bedford. After separating Bacon's pigs from those of the Munro family, the Munros went about their business. Bacon's pigs did not seem to take kindly to being told where to go and soon returned to the Munro's. This time Michael did not take the time to sort them out. He just started herding them all away, toward his home. Martha Munro yelled for him to stop but he ignored her, prompting William to put on some snowshoes and go after him. 
Today this is about 4.5 miles on a nice road ~ 9 minutes by car, but it was over the meadow and through the woods in 1662.
William Munro was a tough Scotsman who had worked his way from Scottish prisoner of war to indentured servant to landowner. His livestock were valuable for food and income and he wasn't about to let even one of them be taken. Bacon's reputation left a lot to be desired. He showed up often in court records for multiple offenses: letting his livestock run free and causing damages to the crops of others, land disputes, slander, forgery, breaches of contract, and a paternity case. 

When Munro caught up with Michael Bacon, he found that one pregnant sow was missing and another was too "tired and spent that shee could not come back" so he had no choice but to leave her with Bacon. He gathered up the other pigs and returned home. The next day he want to the local constable's deputy and told him what happened. They went to Bacon's home and as in the past, Michael denied any of it had happened. When he couldn't convince them that nothing had happened, Bacon admitted that he had Munro's pigs with him the day before but said that he didn't have them anymore. "If Row [Munro] lost them, he must go look for them." Bacon did not offer to help. 


The next day Munro and two of his neighbors searched for his missing pigs and found one stuck in a drift but still alive. They brought her home but were still missing the other pregnant sow. Fed up, he took a trip to the nearest magistrate, Thomas Danforth's house, in Cambridge, and filed a claim against Michael Bacon. Because the amount was small, the matter did not need to go to court and Danforth issued a warrant ordering Michael Bacon to appear at Danforth's home to answer the complaint made by William Munro. Michael Bacon did not show up to answer the warrant but Munro appeared with several other witnesses to testify and Bacon lost the case. The penalty was for the constable's deputy to take a "branded steere" from Michael Bacon to make sure the damages were paid to William Munro. 

However, before Munro could collect on the judgment, his missing sow mysteriously appeared. She was delivered by a man claiming he "found" her and was asked by Bacon to bring her back. The sow was "lamed and went but upon three legs." William Munro was not impressed and demanded the judgment be paid. Michael Bacon asked for a rehearing and ended up owing, not only the original judgment but also the added costs of witness time and constable's fees. 

Still Bacon refused to pay and appealed to the Middlesex County Court. He hired a lawyer to draw up a petition with a number of technical arguments. The April 2, 1672, trial was held at the Blue Anchor Tavern. It appears that Munro also hired an attorney. The result was the same as before, Munro prevailed and more court charges were added to what Michael Bacon now owed. Rapaport says this is where the court records for this case end and based on that she concludes that Michael Bacon paid the judgment. So ends the case of Mr. Bacon and his purloined pigs. 

Illustration from - http://gurneyjourney.blogspot.com/2009/01/from-pig-to-alien.html
http://www.electricscotland.com/familytree/magazine/febmar2005/story35.htm

Michael Bacon - 11th great-grandfather
Mary Bacon - 10th great-grandmother
Mary Lakin - 9th great-grandmother
Joseph Willard - 8th great-grandfather
Sybel Willard - 7th great-grandmother
Samuel Haskell - 6th great-grandfather
Martha Haskell - 5th great-grandmother
Sally Houghton - 4th great-grandmother
Florilla Dunham - 3rd great-grandmother
Nina Ellingwood - 2nd great-grandmother
Annie Florilla Gibbs - great-grandmother
Fern Lyndell Carter - grandmother


Saturday, September 12, 2015

Fitter To Be A Chambermaid Than A Preacher - 52 Ancestors #36

Grace (____) Dutch was my 10th great-grandmother for two lines. She worked as a midwife, making her the perfect subject for a post about occupations. When Grace married Osmund Dutch on March 20, 1629, he was a widower with a young son. Osmund was in Newport, Rhode Island in 1638/9, but he moved quite soon to Cape Ann. He entered into the fishing trade with a Thomas Millwood of Noodle's Island and sent for his wife and children.


In 1653, there was some controversy involving William Perkins, the minister in Gloucester, Massachusetts. Grace and William & Sarah Vinson gave witness before the court regarding remarks made by a Mrs. Holgrave about Mr. Perkins. According to them, Mrs. Holgrave said, "He was fitter to bee a Ladies Chambermaid than a Preacher, & if ye Church had knowne as much as shee, they would not have Called him to office."

During this time, Grace (Pratt) Dutch and three others were accused of witchcraft. However, the accusations ended with Edmund Marshall being forced to go into three area meeting-houses in Gloucester, Ipswich, and Salem, and make acknowledgment of his sin of defamation.


"Edmund Bridges, attorney of John Caldwell, testified that, being in Goodman Bridges' shop, Goodman _______ being present, he heard him say that a woman and her daughter, gathering berries, saw four women, Mrs. Perkins, Goody Evens, Goody Dutch, etc. As they approached them, the four women sat upon the ground, but when they came near, the women had vanished. He could not say that they were witches."

Age and birthdays were not of importance during colonial times and ages given were often estimated. We see this in the testimony of Grace Dutch, midwife.  Her name appears in the court records from time to time and in 1658, she was forty-two years old, and "about 50" in 1660 and 1664.




Children of Osmund & his first wife, Margaret:

  1. Robert was born about 1621 and married Mary Kimball of Ipswich. 
  2. Margaret was buried in Bridport on February 13, 1629. 
  3. Marie was baptized December 1, 1627 and buried January 7, 1629. 
Children of Osmund & Grace (Pratt) Dutch - order uncertain
  1. Grace was baptized December 6, 1629 and died young.
  2. William was buried on February 9, 1632. 
  3. Susanna was buried on June 11, 1633. 
  4. William was baptized on September 21, 1635 and was buried on July 16, 1636. 
  5. Samuel was born about 1645 and died in Salem about 1695. His wife, Susanna More, was the daughter of Mayflower passenger, Richard More. 
  6. Alice was married three times: 1) John Newman; 2) Dr. John Dane; and 3) as his second wife, Jeremiah Meacham. 
  7. Grace married William Hodgkins of Ipswich. They had twelve children. 
  8. Esther married Samuel Elwell on June 7, 1658 and died on September 6, 1724. 
  9. Mary married Joseph Elwell on June 22, 1669. 
  10. Hezekiah was born on March 29, 1647 and his will lists two daughters. 
Grace (Pratt) Dutch                                                 Grace (Pratt) Dutch
Esther Dutch                                                             Grace Dutch
Robert Elwell                                                            Samuel Hodgkins
John Elwell                                                               Jonathan Hodgkins
Rhoda Elwell                                                             Rachel Hodgkins
Thomas Edgecomb                                                  Elizabeth Moody
Mary Edgecomb                                                       William Ackley
Benjamin Perley Philbrick                                     Sarah Ackley
Lizzie Philbrick                                                         Mary Jane Abbott
Ray Everett Cotton                                                  Fannie May Capen
Fern Lyndell Cotton - my grandmother              Thomas Richard Carter - my grandfather

Thursday, September 3, 2015

A Horrible Crime

This was a difficult blog post to write. Many times the colonial court records are filled with offenses that amuse us today. However, an attack on a thirteen-year-old girl is not amusing in any time period.

The basis for this story comes from The Great Migration Begins sketch of Humphrey Wyeth based on the research of Robert Charles Anderson.

My connection to this story comes from Thomas & Abigail (Wyeth) (Jones) Chadwell. Thomas Chadwell, Jr. was the second husband of my 10th great-aunt, Abigail (Wyeth) Jones. In 1667, an accusation of rape was leveled by the couple on behalf of Abigail's niece, Sarah Bursley, age 13. Sarah was the daughter of John & Susanna (Wyeth) Bursley. John was "of Exeter" and is not the same as the John Bursley in The Great Migration Begins, Vol. 1.  The accused rapist was a man named John Simple of Charlestown. I have not been able to find more information on major characters in this case. I don't know the age of John Simple, his marital status, or what happened to him after he was convicted. Likewise, I don't know what happened to Sarah, why it seems she was living with her aunt and uncle, or if she wasn't living with them, how they happened to be the first to see her after the attack. Did she have a family of her own one day?

First Sarah told her story and her uncle put up a bond for her appearance in the General Court.

On 14 march 1666/7, upon the "complaint of [worn] Chadwell his wife,""the examination of John Simple aged [blank]" was conducted. On the same day, "Sarah Bursly aged about 13 years sayeth that on Wednesday night last about eight a clock, John Simple without speaking to her she having a candle in her hand he took her by the arms & threw her upon the ground upon her back & put up all her clothes & lay upon her unbuttoning his britches, and by violence thrust his member into her body... & she was & now remains sore & that he made blood to come from her which is apparent & evident to her aunt, she likewise sayeth he had several times told her he would lie with her but never did until last night & then he begged of her that she would not tell her aunt." "Tho[mas] Chadwell binds himself in the bond of twenty pounds for Sarah Bursly's appearance at the General Court or else at the next Court of Assistants." [SJC Case #814]

The indictment of John Simple came around September 1667. The charges were set and the jury found him guilty of rape.

In an undated document (probably on or just before 3 September 1667), "Jno Simple you are indicted by the name of John Simple of Charlestowne for not having the fear of God before your eyes & being instigated by the devil did on or about the 13th of March last past attempt & commit a rape upon the body of Sarah Bursly a girl of thirteen years of age as by the evidence may appear."  "James Everell in the name of the rest [of the grand jury]" stated that "we find this bill that John Simpull commited a rape on the body of Sarah Bursly." "Tho[mas] Deane in the name of the rest [of the petit jury] ... find him guilty of an attempt upon the body of Sarah Bursly and a rape committed." [SJC Case #814]

Abigail Chadwell recounts how she found Sarah crying, listened to her account of the rape, and examined her niece.

On 3 September 1667, "Abigaell Chadwell aged five and forty years," deposed that "having been from her house on 13th March last a little time [worn] quarters of an hour or thereabouts and when she came home [worn] [kins?] woman Sarah Bursley, crying and this deponent [worn] reason wherefore she wept she made answer [that] John Simple had almost killed her and almost split her whereupon I took her up into the chamber and searched her [worn] and according to my apprehension found that he had abused her body finding some blood upon her shift and she deposeth [and] testifies upon oath that there was no man besides himself in the [house?] with her nor any after as she [illegible] till such time as that my husband [and] the constable came in."

Later that day, poor Sarah was examined by five other women of the town. I can't imagine how traumatic this must have been for Sarah.

On the same day, "Mary Sprague aged about 70 years Alice Rand aged about 72 years Suretrust Rouse aged about 67 years Anne March aged about 70 years" and "Hester Kettel aged about 60 years" deposed that upon "searching Sarah Bursly they found that some man had entered her body."

Humphrey Wyeth - grandfather of Sarah Bursley
Mary (Wyeth) Perkins - sister of Abigail (Wyeth) (Jones) Chadwell & aunt of Sarah Bursley
Luke Perkins, Sr.
Luke Perkins, Jr.
Mark Perkins
Ann (Perkins) Packard
Cynthia (Packard) Dunham
James Dunham, Jr.
Florilla (Dunham) Ellingwood
Nina K. (Ellingwood) Gibbs
Annie F. (Gibbs) Cotton
Fern Lyndell Cotton - my grandmother

Saturday, August 15, 2015

Petition of the Poor, Distressed Widow - 52 Ancestors #33

Grace (Pratt) Dutch came from England to Gloucester, Massachusetts to join her husband, Osmund. Osmund died in 1685 and Grace found herself in dire circumstances. She needed money to support herself. Although she lived with her daughter and son-in-law, Samuel & Esther (Dutch) Elwell, there are indications that they did not treat her well. There were no social programs to provide for her and she needed to petition the court for permission to sell off some of the lands of her late husband. 




"The Humble Petition of the Poore distressed widdow Grace Duch of the towne of Gloucester to the honoured General Courte now setting at Boston this 21st July 1685


Yoer poore humble and distresed petitioner sheweth that whereas it pleased God to take away my deare husband out of this live in December last past with whome I lived above fifty yeeres with whome I Lived very poore in the Later parte of his Life and underwent a great deale of Sorrow and trouble hee being very ancient: by his owne relation above a hundred years of age & was very helpless for several yeeres before hee dyed and but Little wherewith all to mayntayne him and my Selfe but I Laboured for only sume cattle which wee ware Little the better for and Land which have Layed wast with out fences severall yeeres soe that it have not beene any wise benificiall to us while hee Lived nor to mee since his death and which the honoured county Court holden at Ipswich last March when the inventory of his Estate was regestered was informed of at the county court holden at Salem last June and [written over] made my addreses that there might bee some of the Land Sold for my maintenance in my old age haveing nothing to helpe my Selfe neither for ffood nor rayment of which I have not [conveniences?] and now am by Gods providance taken sicke and am in very great want which doth make mee humbly crave of this honoured courte to take into yer serious consideratione and grant mee the favour that there my bee an acre or two of Salte marsh sold for my prsent relieufe which is the only thinge that will yield money without which youer petitioner cannot bee supplyed in the tyme of my great distress I should not have made soe bold with yoer honours but that I was informed by the honoured county Courtes above mentioned that they could not grant the sale of any of the Land or else yoer poore petitioner had not made soe bold with yoer Honours therefore pray pardon on the bldnesse and grant the humble & needy request and desires of yoer Humble and needy petioner whoe prayeth for yoer Honours wealfare  Grace Duch


The Court gave her permission to sell the land belonging to the estate if her children should not provide for her. In June, she sold an acre and a half to her grandson, Christopher Hodgkins and another acre and a half to her son-in-law, Samuel Elwell. The sale to Elwell notes that she was in great want of clothing, meat, drink, and attendance. 

Grace died on October 10, 1694. 
(Not stone of Grace Dutch)


Grace (Pratt) Dutch                                                 Grace (Pratt) Dutch
Esther Dutch                                                             Grace Dutch
Robert Elwell                                                            Samuel Hodgkins
John Elwell                                                               Jonathan Hodgkins
Rhoda Elwell                                                             Rachel Hodgkins
Thomas Edgecomb                                                  Elizabeth Moody
Mary Edgecomb                                                       William Ackley
Benjamin Perley Philbrick                                     Sarah Ackley
Lizzie Philbrick                                                         Mary Jane Abbott
Ray Everett Cotton                                                  Fannie May Capen
Fern Lyndell Cotton - my grandmother              Thomas Richard Carter - my grandfather

Saturday, June 13, 2015

Laying Down The Law - 52 Ancestors #24


In the early 17th century, the areas of southern Maine and New Hampshire had been granted to John Mason and Ferdinando Gorges, respectively. Massachusetts Bay authorities also laid claim to part of the area, but the settlements had no representation in the General Court and were generally left to their own devices without much formal governance. Brian Pendleton moved into this environment when he settled at Strawberry Bank in 1651. Shortly after he settled in, he presented a petition requesting that the town be put under the jurisdiction of the Massachusetts Bay officials and that they set up courts to meet twice a year to deal with "abuses."



"We may have here & at Dover two Courts every yeare with two magistrates and their assistants, whereof this Barer Mr. Bryan Pendleton to bee one of the Assistants Chosen for this place; And whereas by reason of divers shipping & others coming into this harbour, as likewise some of our owne Inhabitants, several abuses are committed & noe Magistrate neere at hand to administer justice uppon the parteys soe offending, that before justice can be done many depart hence without punishment, & others suffer rather that seek so farre for justice, Humbly praye that Mr. Pendleton may have more than ordinary power what other assistants have for the rectifying & punishing such abuses to be Committed." 

The wording suggests that Brian Pendleton would be the law in the area. The Court granted the request and Pendleton became an Associate Justice in 1651 and was re-appointed in 1652.


In 1652, Pendleton and others again successfully petitioned the Court and changed the name from Strawberry Bank to Portsmouth.


Brian Pendleton - 11th great-grandfather
Mary Pendleton
Pendleton Fletcher
Pendleton Fletcher, Jr.
Sarah Fletcher
Gibbins Edgecomb
Thomas Edgecomb
Mary Edgecomb
Benjamin Perley Philbrick
Lizzie Philbrick
Ray Everett Cotton
Fern Lyndell Cotton - my grandmother

Source:
Brian Pendleton and His Descendants, 1599-1910, With Some Account of the Pembleton Families of Orange County, N.Y., Ostego County N.Y., and Luzerne County, Pa., and Notices of Other Pendletons of Later Origin in the United States, Everett Hall Pendleton, compiler; accessed on Openlibrary.org. 


Tuesday, June 2, 2015

Napoleon the Bootlegger

While helping my student, Adam, trace his family history we found a connection to the Prohibition era in the newspaper archives. His 2X great-grandfather was Napoleon Cayer of Rumford, Maine. You can see a picture of Napoleon here.

The Lewiston Daily Sun, Sunday, Sep. 1, 1926
Napoleon's problems with illegal liquor didn't end with Prohibition. He was back in court at the age of 83 for violating liquor laws again.
The Lewiston Daily Sun, Sunday, October 7, 1939
Adam's tree has deep roots in Quebec, New Brunswick, and northern Maine.

Saturday, May 16, 2015

Branded Thief - Black Sheep 52 Ancestors #20

Zaccheus Perkins was my first cousin, 9 times removed. He was the nephew of my 8th great-grandmother, Frances (Gould) Shumway. Zaccheus was the son of Thomas & Phebe (Gould) Perkins. Zaccheus fought under Capt. Joseph Gardiner in King Philip's War and was present at the Great Swamp Fight (famous for the destruction of the Indian village of Narragansett). The Perkins family was from Topsfield, Massachusetts. 




After that experience, he seems to have gone down a bad path. He got in trouble by falling in with a thief, Nicholas Jennings (described as a Frenchman he met while serving in King Philip's War). They went out drinking and Zaccheus held the horses while Jennings went off and returned with a sack of goods that he later divided and shared with Zaccheus at the shop of Mr. Thomas Maule. 

Zaccheus was also implicated in the thefts of a silver cup belonging to Mr. Joseph Whiting, a gold ring belonging to Goodman Robinson, and goods and money from a Mr. Batten. 









On May 4, 1680, Zaccheus was convicted in the thefts and sentenced to be whipped and branded on the forehead with the letter "B", also to repay Mr. Maule £250 and Mr. Batten £24. 




Frances Gould & Peter Shumway, Sr.
Peter Shumway, Jr. & Mariah Smith
Hepzibah Shumway & Obadiah Walker
Sarah Walker & Timothy Carter
Dr. Timothy Carter & Frances Freeland
Elias Mellen Carter & Rebecca Williamson
Augustus Mellen Carter & Mary Frances Stanley
Edward Mellen Carter & Fannie May Capen
Thomas Richard Carter - my grandfather

Thursday, May 14, 2015

The Knights of Romsey - 52 Ancestors #19

The tangled tale of the Knights of Romsey, Hampshire, England. Try to follow all the family connections if you can. 

William & Elizabeth (Carter) Knight lived in Romsey, Hampshire, England and had at least four children according to baptismal records. The oldest son, Richard, was baptized in May 1589 and buried in June 1596. Next came daughter, Thomasine, who was baptized in June 1590. The other two children, John (baptized in January 1595) and Richard (baptized in January 1603) came to the Massachusetts Bay colony on the James in 1635 and settled in Newbury. They are both called tailors. 

John Knight was married and had several children but only two were living when they family came to the colonies. He married Elizabeth Vincent on March 29, 1624 in Romsey. Their children were:

  1. Elizabeth baptized on May 16, 1625 and buried two days later. 
  2. John baptized on May 14, 1626.
  3. Elizabeth baptized on October 13, 1628 and buried six days later. 
  4. Elizabeth baptized on May 22, 1632 and no further record. 
  5. Mary baptized on August 10, 1634.
  6. Sarah was born after they came to the colonies, probably about 1636.
Elizabeth (Vincent) Knight died on March 20, 1645 in Newbury and John would marry again. 

He and his son, John, married a mother and daughter but there is no record that shows which marriage came first. John, Sr. would marry Agnes (Langlye) Ingersoll between 1644-1652 and John, Jr. would marry Bathsheba Ingersoll before 1648. 


John Knight, Sr. appears to have been quite prosperous as he had a servant, William Nef. He also paid court fines for two women. On April 8, 1651, he paid a fine for Frances Usellton so she would not be whipped but her crime is not listed and I can find no other information on her. On March 27, 1666, he paid the fine for Elnor Bryer so she would not be whipped for the crime of fornication.  A Sketch of the History of Newbury, Newburyport, and West Newbury, from 1635 to 1845, by Joshua Coffin shows a Richard Bryer married Eleanor Wright on December 26, 1665. She died August 29, 1672. and the couple had three children born between 1667-1670. It is unclear if this is the Elnor Bryer for whom John Knight, Sr. paid the fine but it is the only reference to an Elnor Bryner that I could find. 

Richard Knight, brother of John Sr., married a woman named Agnes before 1626. The couple had children born on both sides of the Atlantic. 
  1. A Stillborn child was buried on June 17, 1626 in Romsey. 
  2. Richard was buried July 15, 1627. 
  3. William was baptized on December 7, 1628 in Romsey. 
  4. Anna was baptized on May 5, 1631 in Romsey. She would come to Massachusetts and marry Henry Jaques on October 8, 1648. 
  5. Richard was baptized on October 18, 1633 in Romsey. 
  6. Elizabeth was born between 1634 and 1641. She married Anthony Morse on May 8, 1660. 
  7. Rebecca was born on March 3, 1642 and married Abiel Somerby on November 13, 1661. 
  8. Sarah was born on February 23, 1648 and married John Kelley on May 20, 1663. 
Richard Knight was in the court record on May 5, 1663. "Richard Knight and Hugh Marsh" were presented "for playing cards at the house of the former." One of the witnesses against them was Bathsheba (Ingersoll) Knight, wife of John Knight, Jr., nephew of Richard Knight. 


John Knight, Sr. died in May 1670 and Richard Knight died on August 4, 1683. 

So ends the tale of these two Knights of Romsey. 

Lines of descent:
William Knight - John Knight, Sr. (he married second Agnes (Langlye) Ingersoll and his son married her daughter) - John Knight, Jr. (he married Bathsheba, daughter of Richard & Agnes (Langlye) Ingersoll. Bathsheba testified against her husband's uncle, Richard Knight) - Richard Knight -Henry Knight - Eunice Knight - Hannah Sawyer - Catherine Hilton - Loann Churchill - Anna J. Rowe - Eva D. Hayes - Linona A. Yates - my grandmother

William Knight -Richard Knight - Anna Knight - Elizabeth Jaques m. Richard Knight (see above)

Richard Ingersoll m. Agnes Langlye - George Ingersoll ( I also descend through his sister, Bathsheba, who married John Knight, Jr.) - Samuel Ingersoll - Dorcas Ingersoll - Jonathan Rowe - William Rowe - William Rowe - Stephen B. Rowe - Charles H. N. Rowe - Anna J. Rowe (see above).

Hugh March (Marsh) - George March - Sarah March - Elizabeth Deering - Eliakim Emmons - Jacob Emmons - Laura Emmons - Estes G. Yates - Linona Alice Yates - my grandmother. 

Sunday, May 10, 2015

Third Time's A Charm


 Beginning in 1663, the town of Topsfield, Massachusetts had a bit of difficulty with its ministers. Following the retirement of William Perkins, the town hired Thomas Gilbert. Gilbert seemed to have good qualifications and had recently arrived from England. However, his grandiose words and dramatic style of preaching shook up the stoic Puritans.

The town officials reported him to the Essex County Court which ordered him to appear at the General Court in Boston. In May 1666, he was given only a reprimand and had to pay a small fine. Gilbert appeared unrepentant and prayed that "the necks of all who opposed the ministers of the Gospel should be broken."


In 1670, Thomas Gilbert was back in court with quite a few townsfolk complaining about his drinking. The charges included witnesses to slurred speech, stumbling about after consuming too much communion wine, and fleeing his church when parishioners started to giggle because his singing was so garbled. Sarah Gould testified:
"I did [see]his eyes grow very dim and he did sink down in his chair leaning back...and presently we heard him vomit." 

Mimicking Martin Luther's protest, the minister nailed his defense to the meetinghouse door. He and his wife claimed that he suffered from
"chronic distemper" caused by fasting, rainyweather, and overwork. He would not let go of his grudge against Sarah for her testimony. He sued her for slander and her husband countersued the minister on her behalf. John Gould went so far as to say that he would like to cut out Gilbert's tongue. Thomas Gilbert responded by suing John Gould for assault. The judges seem to have been sick and tired of all the antics and suggested that Gilbert leave public life and called for him to behave "more soberly and Christianlike." By 1672, he had either resigned or been fired.
"chronic distemper" brought on by fasting, rainy

Jeremiah Hobart (also spelled Hubbard) was the next minister hired in Topsfield. His background included preaching at Wells, Maine, and Lynn and Beverly, Massachusetts. By 1678, Hobart began to come into conflict with town officials.

Thomas Baker was in court for "unseemly carriage and laughing in time of public worship." Evidently he took umbrage at Hobart's assertion that good Christians did not care about acquiring "lands and great farms." Hobart came into conflict with town officials over his compensation and soon harsh words were flying between Hobart and Baker over this issue. Baker sued for slander and Hobart was forced to make a public apology in the court. The disputes with the town were compounded by the reports of several women, who were caring for Hobart's wife, claiming Hobart made sexual advances towards them.

When the town refused to accede to Hobart's compensation demands, he threatened that the town "would never have a quiet town meeting until they gave him half the parsonage." He railed against the selectmen and said "I wish the parsonage were afire and some of them in it." This led to the dismissal of Hobart in September 1680.


This brings us to the third minister, Rev. Joseph Capen. He was a Harvard graduate, was ordained in 1684, and stayed on the job for the next forty-four years!



Rev. Joseph Capen was the son of John & Mary (Bass) Capen. He married Priscilla Appleton in 1684. He is my 8th great granduncle and his parents are my 9th great grandparents.

John & Mary (Bass) Capen
James & Hannah (Lawrence) Capen
James & Elizabeth (Call) Capen
James & Sarah (Pinson) Capen - yes, three James in a row
Thomas & Mary (Wyman) Capen
Thomas & Mary (Abbott) Capen - yes, two Thomas & Mary couples
Timothy & Sarah K. (Abbott) Capen
Edward Abbott & Mary Jane (Abbott) Capen - a bit of Abbott intermarriage in this line...
Edward Mellen & Fannie May (Capen) Carter
Thomas Richard Carter - my grandfather

Adapted from Diane Rapaport's column: Turbulent Topsfield: A Tale of Two Ministers, published in American Ancestors Magazine, Winter 2010.

Saturday, April 25, 2015

Dressed To Impress? - 52 Ancestors #17

Only the wealthiest were allowed
to have gold buckles or buttons
This week's optional 52 Ancestors theme is "prosper" so I thought it appropriate to talk about the case of Agnes Knight who was not thought to be wealthy enough to warrant her wearing a silk hood. Well, apparently her family had prospered in the New World as her husband's good friend testified in his letter to the justices of Salem.


In her book, Women in Early America: Struggle, Survival and Freedom in the New World, Dorothy Mays discusses the sumptuary laws of colonial Massachusetts. These laws banned the wearing of gold or silver lace or buttons, ribbons, silk hoods, and other "fancy" items. Only the most wealthy of colonists were exempt from these laws. Even the very wealthy were banned from long wigs or flowing shirt sleeves. Mays outlines some historical precedents for these laws and notes that many Governor John Winthrop even spoke to colonists about the need to keep adornments in the home to a minimum because such displays caused others to feel bad about themselves.

In 1653 the wife of Deacon Knight (Agnes, wife of Richard), was summoned to court for wearing a silk hood. This troubled him exceedingly, and in his behalf his friend, Mr. Edward Rawson wrote to one of the justices at Salem the following note:

Honorable Sir, 
An honest godly man, a friend of mine in Newbury, whose name is Richard Knight, whether of ignorance or wilfulness by some neighbour is presented for his wife's wearing of a silk hood, supposing he has not been worth two hundred pounds. It being grievance to him, who is advanced (in years) to be summoned to court, that never useth to trouble any, at his request I thought fit to inform you on my owne knowledge of his estate is better worth than three hundred, and therefore I desire you would, as you may, forbeare, in your warrant to insert his name, in it, it may be; if not, at least that you would take private satisfaction of him in your chamber, which he can easily give you, or any, in a moment. Not else at present but my service to you and Mr. Symon Bradstreet. 
Yours friend and servant, 
Edward Rawson
Now at Newbury, the fourteenth of August, 1653 



Agnes Knight was my 10th great-grandmother.

Richard & Agnes (__) Knight
Anna Knight
Elizabeth Jaques
Henry Knight
Eunice Knight
Hannah Sawyer
Catherine Hilton
Loann Churchill
Anna J. Rowe
Eva D. Hayes
Linona Alice Yates - my grandmother

Massachusetts Sumptuary Laws Women of Early America by Dorothy A. Mays, 2004