John
Smalley, sometimes seen as Small, was born about 1613 in England. Underhill states he was from Devonshire and
came from the same neighborhood as the Drakes who were also early settlers of
Piscataway, NJ, but I do not know her source for this. He is my 10th
great grandfather on my grandmother Milly (Booth) Rollins’ side of the family. He
came in 1632 with Edward Winslow on the William
and Francis. He first lived at Plymouth. He was one of the first seven settlers
of Eastham in March 1644/45, in an area that became Orleans.
He married Ann Walden at Plymouth
on 29 November 1638. (PCR 1:103). They had four children, births recorded
Plymouth.
--Hannah the Daughter of John
Smalley born Plymouth 14 June 1641, married John Bangs, remained in Eastham, no
issue
--John the son of John Smalley
born at Plymouth 8 September1644, m. Lydia Marten, lived in Piscataway
--Isacke and Mary the son and
daughter of John Smalley were born 11 December 1647. Mary married John Snow,
lived at Eastham (with a brief time in Piscataway) and had nine children. She
married second Ephraim Doane. Isaac married Esther Wood and second Mary White
and lived in Piscataway.
I descend from Mary and her first
husband John Snow.
Propounded 7 Sept 1641 as
"John Smaley" (PCR 2:24) and admitted 1 March 1641/2 (PCR 2:33). His
name appears toward the end of the Plymouth section of the 1639 Plymouth Colony
list of freemen, presumably added upon his admission to freemanship in 1642,
then is crossed out and appears again in the Eastham section (PCR 8:174, 177).
In the Eastham section of the 1658 Plymouth Colony list of freemen (PCR 8:201).
John was a tailor by trade. "Memorandum,
the last day of August, 1639, that Richard Higgens for & in consideration
that John Smalley shall teach Samuell Godbertson the trade of a tailor, as far
as in him lieth, & principally employ him therein" (PCR 1:129-30).
He was somewhat active in town
affairs. Coroner's jury, 5 June 1638, in the deaths of Robert Chapell, James
Nicolls and William Pidell (PCR 1:88, 4:176). Grand Jury, 6 June 1654, 6 June
1660, 7 June 1665 (PCR 3:49, 188, 4:91). Jury, 7 June 1642, 7 March 1642/3, 6
June 1643, 5 March 1643/4, 8 June 1654, 2 Oct 1662, 5 June 1666 (PCR 7:31, 34,
335, 37, 70, 105, 4:125).
He was appointed Eastham
constable 1 June 1647 (PCR 2:115). Surveyor of highways 6 June 1649 (PCR
2:139). In the Plymouth section of the 1643 Plymouth Colony list of men able to
bear arms (PCR 8:188).
John had some education as he
signed a deed and as a witness to the deeds of others.
On
5 February 1637/38 John Smaley was granted a garden place at Willingsley Brook
and six acres upon Woberry Plain, in Plymouth County (PCR 1:76). On 2 July 1638
mention is made of his request, with three others, for swamp land at Willingsby
Brooke (PCR 1:90). On 11 June 1640 John Smalley and Richard Higgens exchanged
two parcels of meadow of one acre each (PCR 12:59). On 2 November 1640 he was
granted five acres “in the South Meddows towards Aggawam, Colebrook Meddowes.” (PCR
1:166). On 31 December 1641 he was granted five acres of meadow in Cole Brooke
Meadow (PCR 2:30).
On
21 March 1644(/5), John Smalley sold to Edmond Tilson all his house and housing
and garden place at Wellingsley with the uplands, all his meadow at Warren's
Wells and Colebrook meadows (PCR 12:108). A further grant was made 1 June 1658
(PCR 3:142). On 3 June 1662 he was on the list of "servants and ancient
freemen" to have land (PCR 4:18). On 3 Oct 1662 he was one of those to be
considered, with others, for land on the northerly bounds of Taunton (PCR
4:27).
On
1 October 1662, Mannasses Kemton, yeoman, of Plymouth, with consent of his wife,
sold to John Smalley of Eastham for 40 shillings already paid to him, two acres
of marsh meadows in Eastham near Smalley’s current house, which previously
belonged to Mr. William Bradford, deceased.
John
Smalley brought one gallon of liquor into the town of Eastham 28 November 1664 (PCR
4:100).
John
was involved in a tragic event. On 5 March 1667/8 a coroner's jury inquired
into the death of "a child about five or six years old, which was kept by
John Smalley, Senr., of Eastham being found dead in the woods, about six or
seven miles from the house of John Smalley abovesaid, we do all judge, that it
came by his death by straying away, lost its right path to get home again, and
was killed by the cold" (PCR 4:177).
John
moved to Piscataway, Middlesex Co., New Jersey, by 1670 when he does not appear
in the Plymouth Colony list of freemen. He was among the earliest pioneer
freeholders of this New Jersey settlement which was founded as Piscataqua in
1666 by four New Hampshire men who collectively purchased one third of Daniel
Pierce’s holdings in the Woodbridge Patent. In 1674, Piscataway’s population
was 43. I am not sure what the Smalley family’s motivation was in settling
Piscataway, perhaps fertile farm land. Something I need to further research.
John
was an important member of this New Jersey community. He was named Magistrate on
26 August 1673 and in 1675 he was commissioned a justice of the peace,
and at the same time appointed associate justice of the court of sessions, a position
he filled for several years.
From what I’ve read, magistrates were in charge of the colonial court proceedings. Serious crimes went before a jury but lesser crimes were heard and decided by the magistrate. They believed their main role was to enforce God's plan and attempted to force a confession from the accused and make them repent their sins.
He must have been a close
friend or perhaps relative of Richard Higgins, as they were connected in several
records and moved to Eastham and then Piscataway about the same time.
John
Smalley of Piscataway wrote his will on 16 July 1689 "in consideration of
the natural affection and fatherly consideration I have & bear unto my well
beloved and dutiful son Isaac Smallee of the same…having had large experience
of his filial love and endeavors towards his aged parents in making our lives
comfortable to us in this our pilgrimage hitherto...grant and confirm unto my
said son Isaac Smalley all & singular my goods chattels, debts, household
stuff, brass, pewter, bedding...excepting my arms (viz.) my sword & gun
& my wearing apparell, which I have given to my son John Smalley after my
decease, to my daughter Hanah Banges 1s., to my son John Smallie's two sons
John & Jonathan one yearling heifer between them, and to my daughter Mary
Snowe's three eldest daughters 5s. apiece...my loving wife Ann Smallie shall
have one cow to dispose of according to her will & pleasure...if the said
Isaac Smally should die before his said father & mother John & Ann
Smally or the longer liver of them both, then it shall or may be lawful, and
the said John & Ann Smally or either of them hath full power &
authority to reenter and to take into their possession & custody &
dispose of any of the goods & chattells above mentioned" (Small Gen
1:29-31, citing East Jersey LR F:395-7). This testamentary deed was
"proved" 23 June 1697.
John
Smalley died at Piscataway 30 July 1692 (Small Gen 1:29, source not cited).
Mary
Smalley died at Piscataway on 29 Jan 1693/4 (NJHSP 4:4:42).
Sources:
Enoch
Pratt, Comprehensive History of Eastham,
Wellfleet and Orleans, 1844
Robert
Charles Anderson, The Great Migration
Begins 3:1687, 1995
Josiah
Paine, Early Setters of Eastham, Book 1,
No. 33 of the Library of Cape Cod History & Genealogy series, 1916
Eugene
Stratton, Plymouth Colony, It's History and People, 1986
Lora
Altine Woodbury Underhill, Descendants of
Edward Small of New England
and the Allied Families with Tracings of English Ancestry, 1934
and the Allied Families with Tracings of English Ancestry, 1934