James Cudworth 1665-1729 of Scituate and Freetown, Mass.

James Cudworth was born 3 June 1665 at Scituate, Massachusetts, the son of James and Mary (Howland) Cudworth whom I wrote about here. [Pembroke Friends, Scituate Vital Records, 325:23] His grandfather was the prominent General James Cudworth whom I wrote about here. I have not found many records for James, but fortunately he wrote a will that names his children. He is my ninth great-grandfather on my grandfather Arthur Washburn Ellis Davis’ side of the family.

James’ parents were Quakers, but I have not found if James followed the religion as an adult. Torrey has James marrying, by 1697, Elizabeth “Betty” Hatch, probably at Freetown. This is based on the work of Ebenezer Peirce who has Betty born about 1665 to Thomas Hatch Jr. and Sarah Elmes. I have not found any indication that Thomas Hatch had a daughter Elizabeth/Betty, so in my opinion James’ wife’s identity is questionable.

James moved to Freetown, likely on land that his father and grandfather had owned. 

James and his wife had eight children born Freetown [all but Jesse, who predeceased his father, are named in James’ will] :

1 David born about 1694; married Abigail Josslyn [Freetown VR p 79]; not sure if he is the David Cudworth who also married Phebe Drinkwater [Freetown VR p 94]

2. Keziah born about 1694; married William Davis 24 July 1712; died 1757

3. James born 9 March 1699/1700 [Freetown VR p 17]; married Sybil Chase [Freetown VR p 80]

4. Abigail born 16 Jan 1697/8 [Freetown VR p 17]; married Benjamin Smith [Peirce]

5. Mary born 14 Nov 1702[Freetown VR p 17]; I have seen her husband as Benjamin Smith (WikiTree) and Benjamin Leonard [Peirce]; d 1778

6. Serviah/Zerviah/Sophia born 1 April 1704 [Freetown VR p 17]; m. Nathaniel Potter of Dartmouth [Freetown VR p 76-7]; d 1757

7. Lydia born 1704 ; m. Benjamin Grennel (WikiTree); d 1778

8. Jesse 11 January 1706/07 [Freetown VR p 17]; died 1725

I descend from their daughter Keziah whom I wrote about here.

Multiple online trees and a published genealogy [Goss] assign a daughter Bethiah to this couple, born 1700 and died 1729, but I haven’t seen a source for this. She would have died before March 1729 as she’s not mentioned in James’ will. 

James served in the local militia as he is called Captain in records. He was a farmer, as indicated by his will and inventory. He owned a number of farm animals and left substantial  cash bequests to his daughters.

Some online trees state James Cudworth married, second, Anne/Abigail Staples of Taunton, marriage intentions at Freetown 15 Nov 1728.  If this is true, then she would have been named in James’ will unless she died soon after the marriage.

James wrote his will in March 1729; the day is left blank. He signed with his mark but perhaps that was due to his poor health rather than illiteracy as his inventory included books.

James mentions his sons David and James, daughters Kattiah Davis, Lidiah Cudworth, Abigail Cudworth, Mary Cudworth, and Zerviah Cudworth. David and James were to be co-executors. Bequests:

• Son David Cudworth “the land I bought of Mr. Timothy Lindal where said David’s dwelling house stands and also five acres of land on west side of the road west to Mr. Lindal’s lot and to begin at the road and to run to the brook which bounds out Lindal’s Land to the meadow.”
• Sons David and James the rest of lands and buildings within Freetown or elsewhere.
• Son James as many of my cattle as shall be valued by men independently chosen to be of equal worth and value with the cattle that David shall have of his own at the time of my decease.
• Sons David and James all the remainder of my cattle after the making of James equal with David as aforesaid, and my sheep & horses swine and all my stock to be equally divided between them.
• Sons David and James all my husbandry tools, all my wearing apparel, my arms, and all debts due to me to be equally divided.
• Daughter Kathiah Davis over and above what she hath already received ye sum of twenty five pounds in bills of credit on ye province or silver.
• Daughter Lidiah Cudworth the sum of twenty pounds.
• Daughter Abigail Cudworth the sum of forty pounds and the looms she now uses with all the tackling. 
• Daughter Mary Cudworth the sum of forty pounds. 
• Daughter Zerviah Cudworth the sum of forty pounds.

He also wrote “my two sons David and James to pay unto my said five daughters or theire legal representatives equall in proportion to what is given them the sum of forty pounds annually or otherwise the sum of forty pounds every two year at the elections of my said sons will all the money legacies & being one hundred & eighty five pounds, be paid & satisfied.” 

James’ will was probated on 11 September 1729 when his sons David and James Cudworth were bonded as administrators of his estate. His inventory was presented 20 October 1729. It did not include real estate and totaled more than £199. It included 12 cattle, one horse, 19 swine, 56 sheep, a loom, spinning wheel, books, more than £12 in money, and armor. 

James’ probate records show he died in 1729, between March when he wrote his will and September when it was probated. He was about 63 years old. His wife died before March 1728/9 as she is not mentioned in James’ will.

Sources:

Robert S. Wakefield and Robert M. Sherman, National Genealogical Society Quarterly, “Henry Howland of Duxbury, Massachusetts, 1633, His Children and Grandchildren,” 75:2 (June 1987)

Samuel Deane, History of Scituate, 1831

Nina Weakland Goss, Rhoades and Allied Families, 1994

Torrey’s New England Marriages to 1700

Ebenezer W. Peirce, NEHGS Register, “Extracts from the Early Probate Records of Bristol County,” 19:157 (April 1865)

Vital Records of Freetown, Massachusetts, 1686-1795, typed manuscript, indexed by Ethel (Aldrich) Gallotta from Fall River Public Library records

James’ will and inventory: Bristol County Probate file page 7181:1, AmericanAncestors.org online database “Bristol County MA: Probate File Papers 1686-1880.” Probate files in Bristol County at this time did not have assigned case numbers, it is in volume 5-7, pages 281-283.