Richard Kirby (circa 1603-1688) and his Wife Jane of England, Sandwich and Dartmouth Massachusetts

Richard Kirby was born about 1603 in England. His Wikitree profile presents a theory that he was born Rowington, Warwickshire, the son of John Kirby and Martha Warde. That couple did have a son Richard, but in the sources provided I do not see the proof it was this Richard. Kirby is spelled in quite a variety of ways including Kerby, Kerbey, Kirbie, Curby, and Curbe. Richard was an early settler of Sandwich on Cape Cod, then part of Plymouth Colony, and was persecuted due to his Quaker/Society of Friends beliefs. He is my 10th great-grandfather on my grandfather Arthur Washburn Ellis Davis’ side of the family.

On 24 July 1635 a Richard Kirbie, aged 32, came to America on the Assurance, sailing from Gravesend, England, but I need to do more research to find if he is this Richard. 

Richard Kirby first appears in 1636 as an inhabitant of Saugus, in an area that was renamed Lynn in 1637. His stay there was brief as n 1637 he moved to the new settlement of Sandwich on Cape Cod where he was one of the first eleven male members of the church there. [Dwight]

He is first seen in a record placing him in Sandwich in the 21 March 1637 will of Thomas Hampton of Sandwich which states “I give to Thomas Tupper Peter Gaunt Richard Kirby and Thomas Shellingworth the residue of my estate to be devided amongst them by equall porcons excepting xxs in the hands of Willm Harlowe and a couple of piggs devideable betweene him and my selfe wch I likewise bequeath unto him.” The estate residue included land. Tupper, Gaunt, Kirby and Shellingworth were named executors. [The Mayflower Descendant, hereafter “MD,” 3:74]

At the 4 December 1638 Court, Richard Kerby of Sandwich, along with five other men, was fined 10 shillings each for being defective in arms. On the same day Rich. Kerby was at court accused of keeping swine unringed; “2 hoggs” is noted next to his name. [Records of New Plymouth Colony, hereafter “PCR,” 1:107] It is interesting that even before Quakerism arrived on Cape Cod, Richard had a non-conformist bent. 

Richard Kerby received 4 acres in the 16 April 1640 Division of Meadow Land at Sandwich, “betwixt Moonoonenuscusset and Shaume.” [PCR 1:149-50] 

Richard Kerby is on the 1643 list of those able to bear arms in Sandwich. [NEHGR 4:257] 

At 20 August 1644 Court, a warrant was issued “to bring in the bodies of…the wyfe of Richard Kerby” [no first name provided] and others “to give evidence in John Ellis & his wife’s case.” [PCR 2:75] John and Elizabeth (Freeman) Ellis, also my 10th great-grandparents, were accused of fornication [sex before marriage] for which John was sentenced to be fined and whipped and Elizabeth was sentenced to watch his punishment. [NEHGR 119:163] I find it interesting that citizens would not expect preferential treatment by the court as Elizabeth’s father was Edmund Freeman, a prominent man of means who was one of the ten men who founded Sandwich and an assistant to the Governor. Perhaps that she was his daughter spared Elizabeth from also being whipped. 

Richard married, by about 1629, Jane whose maiden name is not recorded and they had at least seven children, order uncertain as most of their births are unrecorded:

1. Jane born about 1630, married Thomas Landers at Sandwich on 2 July 1651 [Sandwich VR 1:21] and had nine children; died Sandwich before 9 October 1707 when she is referred to as deceased in a document concerning her father Richard Kirby’s estate
2. Richard born about 1634, probably in England, married Patience Gifford at Dartmouth 19 October 1665 [NEHGR 128:250] 2nd Widow Howland [Dwight]; died 8 March 1720 in 88th year at Dartmouth [Dartmouth VR 3:45]
3. Sarah born about 1638 possibly in Sandwich; married Matthew Allen 6 June 1657 [Sandwich VRs in MD 14:169] and had seven children; died after 21 July 1707 when she signed a document pertaining to her late father’s estate 
4. Ruhamah born about 1640 in Sandwich; married John Smith about 1667 likely at Dartmouth; died after 19 November 1710 at Dartmouth [signed a certificate in the Quaker church] [Dwight]
5. Recompense born about 1643 at Sandwich; married Rebecca Allen by 1695 at Dartmouth; four children named in his will proved 1720; removed to Newton, Sussex County, NJ [Dwight]
6. Increase, a twin, born February 1649/50; buried 24 March 1649/50 the day after his mother [Sandwich VR 1:4-5]
7. Abigail, a twin, born and died February 1649/50 [Sandwich VR 1:4-5]

I descend from Jane whom I wrote about here.

The records of the twin’s births/deaths and the death of their mother are interpreted in multiple ways due to worn/torn pages and a mention of a Richard which some interpret as a son, but Richard Sr’s son Richard was born much earlier. [MD 16:122] The compiled Sandwich Vital Records provides an interpretation that make sense to me and is reflected in this sketch.

In the 1600s Sandwich was engulfed in  religious dissent—there were many Sandwich residents who were not members of the established church. Richard Kirby Sr was a Quaker as were his children Richard Jr., Sarah and Jane. Sadly Sarah was whipped for insolence.

Richard  is often seen in court records because he objected to laws that forced him to attend  and financially support a church he now rejected, as were his older children. [Turner] 

• On 7 October 1651, “at this court Ralph Allin, Sr of Sandwidge, and Richard Kerbey were summoned to answare for theire deriding, vile speeches of and conserning Gods word and ordinances: they are bound over unto the next Generall Court to make theire apeerance, and in the mean time to bee of good behavior towards all manor of psons, & not depart the said Court without lycence accordingly, as followeth..Richard Kerbey acknowledgeth to owe unto the Court the sum of £20. The condicion, that if the said Richard Kerbey shalbee of good behavior towards all mannor of psons, and appeer at the Generall Court, to bee holden at Plym the first Tusday in March next, and not depart the said Court without lycence; that then, &c. Wee further prsent…Richard Kerbey [and other men and women] “all of the towne of Sandwidg, for not frequenting the publick worship of God, contrarye to order made the 6th of June 1651.” [PCR 2:172-3]
• At the 2 March 1651/2 Court, Ralph Allen Senr and Richard Kerbey for s”peaking vile and deriding speeches against Gods word and ordinances were fined five pounds a peece to be paid betwixt this and June Court next, or if not, then to suffer bodily punishment by whipping.” [PCR 3:4]
• On 4 October 1655, it was noted at court that three men, including Richard Kerbey, had not paid their indebtedness, amounting now to £30 2 shillings. [Lovell]
• At the 1655 Sandwich Town Meeting, contributors toward a new place of public worship included Newland, Kerby, the Allens, Jenkins, Butler, Johnson, and others who later became the most determined Quakers. [Lovell] 
• At the 5 March 1655/6 Court, Sarah, “the daughter of Richard Kerbey, of Sandwidge, appeered according to summons, and being examined concerning divers suspisious speeches by her uttered against Richard Bourne and Mr. Edmond Freeman, of Sandwidge aforsaid, & is found faulty, and sentanced by the Court to bee punished severely by whipping, onely the execution thereof is respited, that incase shee bee warned by the present centance and admonission to offend noe more in this kind, that then the said punishment not bee inflicted, otherwise to bee executed.” [PCR 3:96]
• On 3 February 1656/7 “att this Court, complaint was made against Jane, the wife of William Launder, of Sandwidg, and Sarah, the daughter of Richard Kerbey, for disturbance by them made in the publicke worship of God ont he Lords day att Sandwidge, by opposing and abusing the speaker amongst them, whereupon the said pties were summoned to appeer att the next Court to answare for their said misdemeanor.”  Note that Jane Launder was also Richard’s daughter and her husband was Thomas, not William, so likely a transcription error. [PCR 3:111]
• At 5 March 1656/7 Court, “Sarah Kerbey, for her desturbance of the publicke worship of God after admonision and centance formerly given against her, which was, to bee publickly whipt, is now ordered to bee pformed, and so accordingly was exequted.  Jane the wife of William [sic should be Thomas] Launder, for the like offence, viz desturbing the publiske worship of God on the Lords day, att Sandwich, is centanced to bee publickly whipt, onely the execution thereof is respected, that incase shee shalbee warned by the prsent centance and admonision to offend noe more in this kind, that then the said punishment not to be inflected, or otherwise to bee executed.” [PCR 3:112]
• At 2 October 1658 Court, mention made of  June Court and grievances upon sundry ancient inhabitants of Sandwich that were then assembled together on the 27 of August 1658 including “Richard Kerbey Junr shall henceforth have noe power to acte in any towne meeting till better evidence appeer of theire legall admittance, or to claime title or interest into any town privilidges as Townes men, according to the Court orders aforsaid. At the same Court.” The group of men refused to take the oath of fidelity and were fined £5 each. [PCR 3:153-4]
• Richard Kerbey Sr was at 6 October 1659 Court for refusing to take the Oath of Fidelity and was fined £5[PCR 3:176]; also same charge at March 1659/60 Court. [PCR 3:181]
• Richard Jr. appears on the same charge at 13 June 1660 Court [PCR 3:191]; 7 June 1659 Court [PCR 3:168]; 2 October 1660 [PCR 3:201].
• At 2 Oct 1660 Court, A group of people were fined for “being att Quaker meetings” including Richard Kerbey Senr and Richard Kerby Junr at 10 shillings each. [PCR 3:200]
• At 5 February 1660/1 Court, the Constable of Sandwich directed to “require a group of men including Richard Kerbey Senr and Junr to appeer att Court the first Tusday in March to answare for theire tumultuouse carriages against the Marshall and cunstable of Sandwich in the execution of theire offices in the cecuring of two strange Quakers.” [PCR 3:204]

Nicholas Upsall, an elderly man who was the well-respected keeper of the Red Lyon Inn of Dorchester, bought food to Quakers in jail and later joined the movement. When he was banished from Massachusetts Bay, he helped found the first monthly meeting of Friends at Sandwich. The court took notice that Upsall was holding meetings frequently at the house of William Allen, and that Richard Kerby and the wife of John Newland were especially involved, “at which meetings they used to inveigh against ministers and magistrates to the dishonor of God and contempt of government.” [Lovell]

Estimated Quaker fines levied in Sandwich from June 1658 to Dec 1660 for Richard Kerby in the Plymouth Colony court Records totaled £31 fines, quite a large sum at the time. The total fines suggested could have been as high as £76. [Lovell]

Jane died in March 1649/50 after giving birth to twins the month before. She was buried 23 March 1649/50 at Sandwich. [Sandwich VR 1:5] I’ve read that Richard married, second, a woman named Elizabeth, but this seems to be based on the will of Richard Kirby of Oyster Bay so that is unclear to me at this time. It would make sense that he would remarry but I have more research to do.

Many Quakers moved to settlements where they could freely practice their religion. By 1662, the Kirbys and Richard’s son-in-law, Matthew Allen, who had suffered equal indignities and for the same reason, decided to leave Sandwich. On 5 December 1662, "Richard Kerbey senr of the Towne of Sandwich... Planter" for £25 bought of Nathaniel Warren of Plymouth a half share of land in Acushnet in Dartmouth, commonly called the Purchase Land and known by names of Coaksett and Acushena. [MD 31:42 referencing Plymouth Colony Deeds p 16] Richard must have been a man of some means to purchase land after the vast amount of fines he was charged due to his religious beliefs.

In November 1670, Richard Kirby purchased one-half of Thomas Molton's share of land in Dartmouth from Sarah Warren. [Original Proprietors of Dartmouth, 1:13] In 1683, Richard Kirby purchased land at a place called Nasquamskiesett on the east side of the Cocksett River in Dartmouth from Zachariah Jenkins. In 1683 Richard purchased of Zachariah Jenkins of Plymouth a tract of land on the Cocksett River, lying on the westerly side of the road leading to Horse Neck, near Akin’s Corner, and it was here that he dwelt. [Crapo] I am uncertain whether these transactions were by Richard Senior or Junior, although Crapo identifies him as Richard Sr. I believe that Cocksett River refers to Acoaxet, now Westport, River, which is in the part of Dartmouth that became Westport. Horse Neck is the area where the beach of that name is located. 

The record of the 10 December 1684 Dartmouth Town Meeting states that “Richard Kirby, Senior” and 14 others “took oath of fidelity.” [MD 63:34] In May 1686 it is recorded that 45 names, including Richard Kirby Senior, were reported to the Dartmouth Town Meeting as having taken the oath of fidelity. [MD 63:30]

I do not find any mention in Dartmouth records of Richard holding any positions of public service. 

Richard died about 1688, based on the legal document signed by his children in 1707 that states he died more than 19 years earlier. 

In 1707, “more than” 19 years after his death, his children signed a document, which on 21 July 1722, thirty-four years after his death, they asked to have entered in the public record; it was  recorded 22 October 1722. "To all People to whom these Presents Shall Come, Greeting &c:- Whereas Richard Kerby, formerly of Dartmouth in the County of Bristoll in the Colony of New Plimouth in New England, somtime more than Ninteen years since he Died Intestate, and Left some personal estate undisposed of, he having before his Death given and disposed of His Lands unto his two sons, (viz.) to his son, Richard Kerby, now of Dartmouth, aforesaid, one Quarter of a share of Lands throughout the s-d town of Dartmouth, both divided and undivided and one other Quarter of a Share unto his other son, Recompence Kerby then of Dartmouth aforsaid, and Which was enjoyed and Possesed by his s-d Sons somtime before and att the time of his Death of the said Richard Kerby, their Deceased Father. Now know ye therefore that we, Richard Kerby, the Son of said Deceased, and Sarah Allen and Ruhamah Smith, both of Dartmouth, widdows, and both daughters of s-d Deceased, together with the said Recompence Kerby, our brother, then of s-d Dartmouth, and Jane Lounders, our Sister, then of Sandwich, in the County of Barnstable, now Deceased, did all mutually agree unto and divided the Personall Estate of our s-d Deceased Father after his Death to and amongst ourselves, agreeing & Concluding y-t the said Richard Kerby and Recompense Kerby, our two Brothers, aforsaid should have & Injoy the Lands aforsaid to them their heirs & assignes forever, which s-d agreement & Settlement of the s-d Estate of our s-d Deceased Father, we the s-d Richard Kerby, the Son, and Sarah Allen and Ruhamah Smith, the daughters now surviving of the s-d Richard Kerby, Doe hereby further Ratify and Confirm for us & every of us by these Presents, and for our heirs, Executors & Administrators & Each of them forever. In Testimony whereof we the s-d Richard Kerby, the Son, and Sarah Allen and Ruhamah Smith the Daughters, of s-d Deceased, hereunto Sett our hands & seals this twenty one day of July in the Sixth year of Her Majesty?s Reign, Anno Dommini 1707.”

Richard Kerbey (his mark) (seal), Sarah Allen (her mark) (seal)

In Presence of Henery Howland, Samuel Marehu (His Mark)

The grandchildren of Richard Kirby by his daughter Jane (Kirby) Lounder [also seen as Landers] also presented an instrument dated 9 October 1707 naming the children of Jane Lounder and their satisfaction with the estate left by their grandfather, Richard Kirby, to their mother and her heirs. It reads "To all people to Whom these Presents Shall come Greeting. Whereas our Grandfather Richard Kerbey formerly of Dartmouth in the County of Bristoll in New England Sometime more than Nineteen years Since Died & Left Some Estate undisposed of, now we Tabitha Wait, Deborah Leanders, Sarah Leanders, the Daughters, and Joseph Leanders the Son of Jane Leanders Late of Dartmouth, now Deceased. Now we Knowing that our mother Did Refuse part of that Estate, wee doe Say that we are fully Satisfyed for our Selves, our heirs, Executors & Administrators. In wittness whereof we have hereunto Sett our hands & seals, this 9th Day of October In the Sixth year of Her Maj-ts Reigne Annoque Dommini 1707.” Signed (some by mark) Deborah Leanders, John Lapham, Sarah Leanders, Joseph Landers, Judath Smith, William Soule, Samuel Merehou, on various days. It was recorded 9 October 1722. [Bristol County Probate Records, 4:120]

At 28 October 1684 Court, four Dartmouth men complained against a large group of men including Recompence Kerbey, Richard Kerbey Junr, Mathew Allin and John Smith [first two Richard’s sons, latter two his sons-in-law], proprietors or claimers of the undivided lands lying within the township of Dartmouth, to the damage of £500 silver money, holding as tenants together an undivided common that are not yet orderly divided. Jury found for the defendants for the cost of the suit. [PCR 8:283]

At 7 October 1685 Court, a group of men including George and Nathaniel Soule of Dartmouth, purchased land of Woosamequen & Wamsutta by deed dated 29 November 1652, complained against a group of men including John Smith Senr, Recompence Curbe, Seth Pope, Mathew Allen, Richard Curbe Junr, in an action of damage of £800 about the division of land. Action was nonsuited. [PCR 8:292-3]

Some people have Richard leaving Dartmouth for Oyster Bay, or Littlefield Long Island (Wikitree and Turner for example), but I have not found any primary sources for this. The New York Richard Curby died Oyster Bay between 27 October 1688 (date of will) and 10 January 1689/90 (will proved).  The will mentions wife Elizabeth, sons Thomas and William, daughters Elizabeth and Mary, and wife’s children Ichabod and Anne. [Watkins] My major concern with identifying RIchard as the man in Long Island is that the will does not mention his New England adult children, which would be unusual. In the 1707 document mentioned above concerning Richard’ of Dartmouth’s estate, it is mentioned he died intestate and the clearly inherited his estate. Even if Richard took care of deeding land to his sons and other gifts to his daughters, often something like that would be mentioned in a will using a phrase such as “I bequeath nothing further to my children x, y, z, other than what I have already given them.” Also that Richard’s son of the same name is still called “Junior” in 1684 and 1685 records mentioned above seems unlikely if his father was living out of state. I need to do more research on this.

Sources:

R.A. Lovell, Jr., Sandwich A Cape Cod Town, 1984

Nathaniel B. Shurtleff and David Pulsifer, eds., Records of the Colony of New Plymouth, in New England, 12 vols. (New York: AMS Press, 1968)

Melatiah Everett Dwight, The Kirbys of New England…,” 1898

Robert S. Hale, NEHGS Register, "Thomas Hale of Newbury, Mass. 1637, His English Origin and Connections,” 35:369-375 (1881)

Torrey’s New England Marriages to 1700

Walter Kendall Watkins, NEHGS Register, “Some Early New York Settlers from New England,” 55:303 (1901)

Henry Howland Crapo, Certain Comeoverers, volume 1, 1912

William Swift (1627-1706) and His Wife Ruth of Surrey, England and Sandwich, Massachusetts

William Swift was baptized 25 April 1627 at St. Mary Magdalen Church, Bermondsey, Surrey, England, son of William Swift and his wife Joan whose maiden name is not recorded. [Fiske] I wrote about his parents here. As a child he came to New England with his parents, and in the spring of 1637 they settled at Sandwich on Cape Cod, then part of Plymouth Colony. He is my 9th great-grandfather on my grandfather Arthur Washburn Ellis Davis’ side of the family. 

St. Mary Magdalen

William was a notable man of means in Sandwich. I sometimes find very little information on my 17th/18th century ancestors, but that is not the case with William! He held positions of power and trust in the Colony and operated an ordinary, which was similar to a tavern, where travelers could drink, eat and perhaps lodge. In his probate records he is referred to by the honorific “Mr.”

About 1650 William married, at Sandwich, Ruth whose maiden name is not known [year based on eldest child being born in 1651]. William names his wife Ruth in his will, but that she was his only wife and mother to all of his children is an assumption. [Anderson] She is not named in children’s birth records.

Ruth and William lived on present day Standish Road in North Sagamore, now in the town of Bourne. [Lovell] They had at least ten children born Sandwich [Swift]:

1. Hannah born 11 March 1651 [Sandwich VR 1:15]; married 1st Ambrose Fish and 2nd Thomas Tobey; Hannah Tobey died in March 1720/21 at Sandwich [will written and probated]
2. William born 28 August 1654 [Sandwich VR 1:25]; married Elizabeth —?— (not Elizabeth Tomson) and had eight children [Sandwich VR 1:63]; died probably April 1700 at Sandwich [inventory taken 1 May 1701 Barnstable County PR 2:125-6]
3. Ephraim born 7 June 1656 [Sandwich VR 1:12]; married Sarah Perry about 1678 [she is called Sarah wife of Ephraim Swift in her father Ezra Perry’s will]; had eight children [Sandwich VR 1:42-3]; died before 17 February 1742/3 when his will was proved [Barnstable County PR 6:271-3] 
4. Mary born 7 April 1659 as “Mara” [Sandwich VR 1:19]; married Shubael Smith 6 February 1677[/8]; had three daughters and died 1 March 168?[2, 3 or 4] [Sandwich VR 1:24]
5. Samuel born 10 August 1662 [Sandwich VR 1:24]; married a woman named Mary about 1688; had nine children [Sandwich VR 61-2]; died before 6 June 1733 at Sandwich when his will was proven [Barnstable County PR 5:137-8]
6. Temperance born about 1666; married Timothy Bourne and had five children [Sandwich VR 1:75]; died 8 Oct 1746 [Sandwich VR 1:150]
7. Esther born about 1668; married John Gibbs 9 Nov 1716 [Sandwich VR 1:101]; they removed to Plymouth where she died before 3 March 1736/7 when her will was proved; her will mentions seven children although not all by name
8. Dinah born about 1672; married Benjamin Perry about 1694 and had eight children
9. Jireh born about 1673 [based at age at death]; married on 26 November 1697 1st Abigail Gibbs, a descendant of Mayflower passenger Richard Warren [Sandwich VR 1:41] and 2nd Mary Besse 19 November 1741 [Wareham Vital Records, p 154]; died Wareham 17 April 1749 [gravestone]
10. Josiah born about 1675; married 1st Mary Bodfish 19 April 1706 [Sandwich VR 1:72] and 2nd Experience Nye 23 June 1718 [Sandwich VR 1:108]; died Sandwich 1753-1757 

Swift also assigns them a daughter Ruth born 1652 and died in infancy, but I have found no source for that. I descend from Jireh as well as Josiah. I wrote about Jireh here and Josiah here.

William Swyft of Sandwich is on the August 1643 list of men age 16 to 60 able to bear arms.  [Records of the Colony of New Plymouth, in New England, hereafter “PCR,” 8:192] He was the minimum age of sixteen. 

At the 5 July 1669 court: “Liberty is graunted by the Court unto William Swift to keep an ordinary for the entertainment of strangers att Sandwich.” [PCR 5:23] At 6 July 1669 court, men including William Swift were approved to sell wine, liquor, cider or beer. They were to pay for a license based on where they lived. For Sandwich, the Treasurer hath agreed with William Swift. No amount was given but others paid 1 to 10 pounds. [PCR 11:222]

On the first of March 1654/5 John Ellis, William Swift, William Allen, and James Skiff engaged themselves to build a mill for the town; William signed the document. Twenty-two townspeople agreed to repay the four men. [Lovell]

He is frequently mentions regarding Freeman status in Plymouth Colony Court records: 

• The names of such as have taken the Oath of Fidelity at Sandwich in the Year 1657 include William Swift. [PCR 8:179]
• At the 29 May 1670 Plymouth court, William Swift was on the list of Sandwich Freemen. [PCR 5:276]
• William Swift Sr was on the 1675 list of Sandwich men allowed to vote at town meeting. [Deyo] 
• At 1 June 1680 court, men propounded to be Freemen in the next year, if approved included William Swift and Ephraim Swift. William Swift, Junr, likewise tooke the oath of fidelity at this court. [PCR 6:42-3]
• In June 1689 William Swift was one of the Sandwich men received and admitted as Freemen. [PCR 8:205] 
• William and his son Jireh appear on a 25 June 1702 list of Freemen. [Swift]

William was 15 when his father died, who although he left an extensive inventory of belongings, he also left substantial debt. His mother Joan did not remarry and undoubtedly with her the help of her only son William, she took control of running the household, the farm, other business enterprises, and sorting her husband’s debts. When she died 20 years later, in 1663, she left a will naming William executor of her estate and he was to receive the remainder of her estate after debts and bequests were made. Her inventory included a considerable amount of fabric and yarn which must have been how she supported herself. There was no land in her inventory, so she would have deeded land to William before her death, but a Barnstable Courthouse fire destroyed a vast amount of Barnstable County deeds.

William, as his father was before him, was very involved in colony affairs. He served on various committees, as Deputy to the General Court, selectman, juryman, surveyor of highways, and constable. He also kept an ordinary/tavern and coordinated purchase of tar on behalf of the colony. He clearly was educated and intelligent to hold these positions.

William frequently served on juries: named to grand inquest June 1652 Court but he was fined for being absent [PCR 3:10]; December 1663 [3:50]; grant inquest June 1682 [PCR 6:85]; July 1686 petit jury [PCR 6:201]; March 1667/8 [PCR 7:143-4]; March 1669/70 [PCR 7:159];  July 1670 [PCR 7:160]; July 1671 [PCR 7:167]; July 1680 [PCR 7:228-29]. 

One of the interesting experiences William had as a juryman was at the December 1663 murder trial of Samuell Howland for shooting William Howes of Sandwich. He discharged his fowling piece at High Pyne on Salt House Beach on 25 October 1663. He was found not guilty of willful murder; the gun went off as it was lying on Howland’s shoulder. [PCR 3:50]

William Swift was named Sandwich constable in 1660 and 1668 [PCR 3:180, 188]

William Swift frequently served as Sandwich Selectman: 1669 [PCR 5:19]; 1670 [PCR 5:35]; 1671 [PCR 5:56]; 1673 [PCR 5:113]; 1674 [PCR 5:143]; 1675 [PCR 5:164]; 1677 [PCR 5:230]; 1678 court [PCR 5:257]; 1679 [PCR 6:12]; 1681 [PCR 6:59]; 1683 as William Swift Sr. [PCR 6:111]; 1685 as William Swift Sr [PCR 6:168]; 1686 as Wm Swift Sr [PCR 6:185];

William served the Colony as Deputy to the General Court: 5 Sept 1673 [PCR 5:135]; 7 June 1676 [PCR 5:196]; June 1677 [PCR 5:231]; 5 June 1678 [PCR 5:256]; 1680 [PCR 6:34].  The position of Deputy was a one of status in the colony. They met to pass legislation, levy taxes, manage colony affairs; represented the interests of their home towns; maintained the 1636 legal code which introduced rights such as trial by jury; oversaw voting rights, restricting rights to freemen who owned property and were of the accepted religion.

He served as surveyor of highways and on other land-related committees: 8 June 1655 Benjamin Nye and William Swift named surveyor of highways for Sandwidge [PCR 3:79]; Wm Swift and four others were appointed in 1672 to settling and confirming the township with the sachem of Manomet (Monument)[Deyo]; at 1 March 1674/5 court,  men were chosen to settle affairs among Sandwich townsmen about land divisions and William Swift had given the court of list of name of those who were to receive a grant of marshland [PCR 5:158]. 

At the General Court on 13 July , a committee of 12 men including William Swift were “appointed by the Generall Court to meet the second Tusday in August next whoe are appointed and impowered to heare and determine all matters respecting debts due from the Collonie to all p'sons whatsover and ballence the accompts between the severall townes of this Collonie concerning the late warr, not before ballenced and each town to pay them for theire time, and theire expences to be bourne by the collonie." William Swift was on this committee of 12.

In January 1675/6 during King Philip’s War, Sandwich representatives Thomas Dexter and William Swift were to meet other towns’ representatives in Yarmouth about scouting Herring River.  [Lovell] At the end of 1675 the town received stiff fines for not sending enough men to musters. It was an unpopular charge and hard to collect. Those given authority to collect or “to proceed with the delinquents” were William Swift and George Barlow. [Lovell] At 13 July 1677 court, William Swift was appointed to a committee of 11 men to hear and determine all matters respecting debts due from the colony to all persons concerning the late war. [PCR 5:242]

At 5 July 1670 court, one or two men from each town were designated as people that all the tar within town would come to and they were to pay a price set by the court, in an effort to keep tar within the colony. Richard Bourne and William Swift were named for Sandwich. [PCR 5:46] At 29 October 1672 it was ordered that an Indian called Old John, alias Mopes, shall pay William Swift six pounds to be delivered in tar at Sandwich at or before the first of May next. [PCR 5:105]

At 3 March 1662/3 William Swift and Stephen Winge did engage in the behalf of the towne of Sandwich, for all of them excepting the Quakers and theire relations, to save harmles and undamnifyed Thomas Ewer, that may arise to him by reason of the trespas above specifyed, in the action comenced against him, hee satisfying and paying the sume and charges awarded him to pay by the jury. [PCR 7:108]

William is mentioned in a handful of Court cases:

• At the 4 October 1655 court, “And at this Court, Jane Powell, servant to William Swift, of Sandwidge, appeered, haveing been presented for fornication, whoe, being examined, saith that it was comitted with one David Ogillior, an Irish man, servant to Edward Sturgis; shee saith shee was alured thereunto by him goeing for water one evening, hopeing to have married him, beeing shee was in a sadd and miserable condition by hard service, wanting clothes and lviing discontentedly; and expressing great sorrow for her evell, shee was cleared for the prsent, and ordered to goe home againe. [PCR 3:19] Jane Powell is my 8th great-grandfather and she did marry David, whose last name is more commonly O’Killia/O’Kelley, and have a large family.
• At 3 March 1662/3 court, William Swift complaineth, in the behalfe of himselfe and sundry of his naighbors, in combination with them, against Thomas Ewer, in an action of trespas on the case, to the damage of ten pounds, for feling and carting away of timber belonging to the township of Sandwich, and for non payment of two pounds and fifteen shillings, as by bill appeers under his hand. The jury find for the plaintiffe three pounds damage, and the cost of the suite. [PCR 7:108]
• At 3 October 1665 court, William Swift complained against William Allin, in an action of trespas upon the case, to the damage of twenty pounds, for unjust claime to, and deneying of his land to him, and cuting his grasse without his leave and order. The jury for the plaintiffe the meddow land, two pence damage, and the cost of the suite. [PCR 7:124]
• At the 7 July 1668 Court William Swift complaineth against Stephen Skiffe, in an action of the case, to the damage of ten pounds, for non pformance of a bargaine respecting a boate with a paire of oares sold unto him by the said Skiffe. The jury find for the plaintiffe five shillinges damage, and the cost of the suit. [7:145]
• At General Court, 29 October 1672: ”It is ordered by this Court that an Indian named Old John, allies Mopes, shall pay unto Wilam Swift six pound, to be delivered in tarr att Sandwich att or before the first of May next with the charges which hath arisen about a suite comenced att the Court of the Celect Men of the town of Barnstable against the said Swift; and in defect of payment as aforsaid, then the said swift is heerby impowered to sieze on the said body of the said Old John, allies Mopes, and to bring him or cause him to be brought before the Gov'or Court whoe will take such a due course as that his just dues shalbe satifyed by the service or sale of him the said Old John, allies Mopes, and upon the Courts graunt of this order the said Wilam Swift did engage to acquitt and release Jedadia Lumbard from that engagement of his to the said Wilam Swift on that account of the said Old John or any other Indians whoe were his cecuritie." [PCR 5:105]

William died 7 January 1705[/6], the date provided in the inventory of his estate. [Barnstable County PR 2:218]

William Swift Senior made his will 15 December 1705; presented at Court 29 January 1705/6. [Barnstable Co PR 2:217] He mentions being weak of body and left bequests to:

• Loving wife Ruth £50
• Son Josiah his house and land I now live in and possess excepting that piece of land about the picket clifts [Peaked Cliffs] I bought of Jonathan Morie [Peaked Cliffs is overlooking the ocean in Sagamore Highlands]
• Son Jirie Swift £20 in moveables of my estate
• The three sons of William Swift, my son deceased, Thomas Swift, Josiah Swift and Ebenezer Swift, that tract of land I bought of Jonathan Morie lying upon the Clifts as ye go to Plymouth as appears by a deed equally to be divided among the three brothers and not to be sold or any way disposed of but to the Swifts
• I do give unto my grandson William Swift, son of the deceased William Swift, 20 shillings
• son-in-law Thomas Bourn
• I do give unto my daughter Hannah Tobie,  my daughter Temperance Bourne, my daughter Hester Gibs, and my daughter Dina Perry, the rest of my moveables to be equally divided amongst them

His daughters Ruth and Mary predeceased him. It is unclear to me why sons Ephraim and Samuel were not mentioned in the will; perhaps William had already gifted them land. William Swift, Senior signed will in presence of Thomas Gibs, Samuel Gibs [his mark], James Stewart.

On 29 January 1705 James Stewart, Thomas Gibs and Samuel Gibs made oath to William’s will at Barnstable. On the same date Timothy Bourn was named Administrator of the estate. By Barnabas Lothrop. [Barnstable County PR 2:218]

On 11 February 1705 Ruth widow of Mr. William Swift of Sandwich declared  that she received from her son-in-law Timothy Bourn the £50 in money given to her by her late husband in his last will and testament.  On 13 February 1705 Ruth Swift appeared before Stephen Skeffe, Justice of the Peace, acknowledged the above written receipt to be her act and deed. [Barnstable County PR 2:218]

An inventory of the estate of Mr William Swift late of Sandwich in the County of Barnstable in New England who died the 7th day of January 1705 was taken and apprized by Wm Bassett and Elisha Bourne on 10th day of January 1705. [Barnstable County PR 2:219] The inventory is not totaled but is a considerable value for the early 18th century. 

Some items indicate that William was involved in trade—money scales, animal skins, steel trap, whale bones, 120 pounds of feathers, and tobacco. The £125 in cash/apparel and an additional £25 in cash that his wife added to the inventory, show he was comfortable financially. His house, land and meadow were valued at £160 and land at Picket Cliff was valued at £20. Sadly also included is “one negroe maid servant” valued at £32, who would have been a slave. There are many household items such as a spinning wheel and fabric and the less common brass, copper, six napkins, an hour glass, and a looking glass. That William was literate is shown by his owning a Bible and other books, in addition to the positions he held. Farm items included five cows, two horses, five shoates [young pig/hog], Indian corn, and barrel of pork.  A cutlass and sword indicate he served in the militia. 

Debts due to the estate were from Timothy Bourn 8 08,  John Gibs 00 08 06, Benjamin Perry due 6 00 00, Daniel Butler owes about 00 12 00.

On 29 January 1705 Timothy Bourne, Executor to the last will & testament of William Swift late of Sandwich deceased, appeared before Barnabas Lothrop, Judge of Probate, and made oath to the Inventory.  Ruth Swift widdow and Relict of sd deceased also appeared and made oath that she had given a just & true account of the money and other estate of her sd deceased husband. 

Sources:

Jane Fletcher Fiske, The American Genealogist, “William Swift, Citizen and Leatherseller of London, and Planter of Sandwich, Massachusetts,” Vol 77, no. 3, July 2002

Eben Swift, Library of Cape Cod History and Genealogy, “William Swift and Descendants to the Sixth Generation," Pamphlet No. 15, 1923

Simeon L. Deyo, editor, "History of Barnstable County, Massachusetts," 1890

R.A. Lovell, Jr., Sandwich A Cape Cod Town, 1984

George Ernest Bowman, The Mayflower Descendant, “Wills of William 2 and 3 Swift of Sandwich” 30:110

Robert Charles Anderson, The Great Migration Begins, 1992

Nathaniel B. Shurtleff and David Pulsifer, eds., Records of the Colony of New Plymouth, in New England, 12 vols., 1968