Thomas Tobey (ca 1625-1714) and His Wife Martha Knott of England and Sandwich, Massachusetts

 Thomas Tobey was born about 1625, probably in England; I have not yet discovered his parents. His surname is also seen spelled as Toby and Tobie. In the 1640s he arrived Sandwich on Cape Cod, then part of Plymouth Colony. He is my 10th great-grandfather on my grandfather Arthur Washburn Ellis Davis’ side of the family.

“Thomas Tobie” married Martha Knott on 18 November 1650 at Sandwich. [Sandwich VR 1:21] She was born England about 1633 to George Knott and his wife Martha whose maiden name is not known. George Knott was one of the ten founders of Sandwich, and he died about a year before his daughter’s marriage Thomas Tobey, leaving a will in which he anticipated Martha marrying Thomas Dunham who had “pretended” to be “contracted” to the girl. The family disapproved of the match to the point it went before the Plymouth Court.  

Martha’s mother was one of the Sandwich residents who, having attended religious services away from the regular place of worship (usually Quakers), were brought before court for “non attendance.” [Tobey]  However Thomas was faithful to the traditional church and his name appears on the oldest page of the church records now in existence as one of the twenty members in 1694 when Mr. Cotton was ordained. In 1658 the town paid him four shillings for “having the strangers to Plymouth,” a duty he performed as constable—escorting some “traveling Quakers” to the Court at Plymouth to be dealt with as heretics. [Crapo]

Men that took the oath of fidelity at Sandwich in 1657 include Thomas Tobey. [Records of New Plymouth, hereafter PCR, 7:180]

Martha and Thomas had seven known children, all sons, born Sandwich. Records are lacking, so most of the birth dates are approximate and birth order is uncertain but there are hints in Thomas’ will in which he names all of his sons except Thomas who had died. Ephraim also predeceased his father but his daughter is named. [Tobey]

1. Thomas born 8 Dec 1651 [Sandwich VR 1:21]; married about 1676 Mehitable Crowe; died 2 February 1676/7 fighting in King Philip’s War
2. John born about 1654; married about 1683 Jane —?—; died 26 December 1738 [Sandwich VR 1:149]
3. Nathan born about 1657
4. Ephraim born about 1660
5. Jonathan born about 1666; died 22 July 1741 [Sandwich VR 2:1540]
6. Samuel born about 1673; died 22 November 1737 [Sandwich VR 2:1539]
7. Gershom born about 1675; married 29 April 1697 Mehitable Fish [Sandwich VR 1:41]

All of the boys grew up to marry, although Thomas only briefly so. However, I need to do more research on their marriages. I descend from John whom I wrote about here.

At the 7 July 1681 Court at Plymouth “Liberty is graunted unto Thomas Tobey, of Sandwich, to looke for accommodation, and that Mr Bourne and Mr Edmond Freeman assist him in it; and incase any can be found, hee is to have fifty or threescore acrees therof upon report made to Court.” [Records of New Plymouth, hereafter PCR, 6:66]  His will shows he was a large landholder in town.

At the 1681 Town Meeting, the townsmen who voted for officers included, Eph. Tobey, John Tobey, Nathan Tobey, Jona. Tobey, and Israel Tobey. [Deyo]

RA Lovell used the 1667 Sandwich property survey to map out the homesteads of townspeople in the Sandwich Village and Spring Hill areas. The homestead of Thomas Tobey and that of his mother-in-law, the widow Martha Knott, are the only two on Water Street. They were near the ocean and not far from Grove Street. Thomas and his wife Martha inherited the Knott family homestead which now has an 18th century house located at 4 Water Street. [Lovell] The house there now is the Deacon Eldred House which was featured on the HGTV show "Houses with History."

Thomas Tobey was very active in Sandwich; he was clearly a well-respected, trustworthy man, although not of the stature to be called “Mr.” 

• He was sworn in as Sandwich Constable on 1 June 1658. [ PCR 3:136]
• Thomas Tobey and Nathaniel Fish were appointed at 10 June 1662 Court to take inventory of liquors, powder, shot and led “is brought into the Government.” [PCR 4:23]
• At 5 October 1663 Court, Benjamin Nye, Edmond Freeman Jr, and Thomas Tobey were ordered to lay out the way from the house of George Allin [Allen] of Sandwich to the common, in response to a complaint by Allin. [PCR 4:46] There was a continuance of this case at the 7 March 1664/5 Court, when the Court ordered and requested Mr. Edmond Freeman Senr, Edmond Freeman Junr, Thomas Tobey, and Benjamin Nye, or any three of them, to settle the said difference between George Allin and Richard Chadwell with the first convenient speed they can. [PCR 4:82]
• Thomas Tobey was nominated to collect Excise Taxes in Sandwich in June 1664 (also to take notice of liquors etc. brought into the Government) [PCR 4:67], June 1667 [PCR 4:151], June 1668 [PCR 4:183]. 
• He served as surveyor of highways and pound keeper. [Crapo]
• At 29 February 1676/6 Court, Mr. Richard Bourne, Mr. Edmond Freeman Junr, and Thomas Tobey Senr were appointed to Sandwich Town Council [PCR 5:186].
• Thomas served on multiple juries. At 5 Oct 1663 Court, jury heard cases on taking of horses, non-payment of debt, defamation by accusing someone of being a thief and another of accusing the man’s wife of being a whore, burning a fence letting loose horses and cattle, a woman accusing a man of fornication and denying to marry her.  [PCR 8:112] At 25 October 1668 Court, most of the cases were disputes over money and also of one man tearing down and burning the fence of another, of unapproved use of a horse and several concerned with slander/defamation. [PCR 8:150] At 2 March 1668/9 Court, most of the cases were about “uncivil carriages” by one colonist towards another. [PCR 8:154] was sworn to a grand inquest 7 June 1670. [PCR 5:36]
• At the time of King Philip’s War in 1676 he was of the council of war to “hire men to goe out upon scout for the town,” furnishing them with ammunition. [Crapo]

Whaling was actively engaged in by the people of the colonies as it was a lucrative business. Wounded whales would often initial escape but later die of their injuries and then float to the north shore of the town. Grampus and other large fish also stranded on the flats by the receding tides it was a lucrative business. As early as 1652 it was “ordered that Edmund Freeman, Edward Perry, George Allen, Daniel Wing, John Ellis, and Thomas Tobey, these six men shall take care of all the fish that Indians shall cut up within the line of the town so as to provide safety for it, and shall dispose of the fish for the town’s use; also that if any man that is an inhabitant shall find a whale and report to any of these six men, he shall have a double share; and that these six men shall take care to provide laborers and whatever is needful, so that whatever whales either white men or Indians give notice of, they may dispose of the proceeds to the town’s use to be divided equally to every inhabitant.” [Deyo]

I find just one court case involving Thomas. At the 9 June 1653 Court, Thomas Tobye complained against Mr. John Fish in an action of trespass, to the damage of 50 shillings, for retaining a yearling calf belonging to Tobye. Thomas lost the case, as the jury found for the defendant. Charges allowed by the court were £1 7s. [PCR 8:65]

In 1688 because of dissension within the Bourne church it was reduced to just five active male members: James Skiff, Thomas Tupper, Thomas Tobey, Jacob Burge, and William Bassett.

Martha was named as Martha Tobey, wife of Thomas Tobey, in her mother Martha Knott’s 5 March 1673/74 will. Even though the elder Martha’s son Samuel was living, Thomas Tobey was named executor. Martha received bequest of “4 Cattle: viz 1 Cow 1 heiffer 1 yearling and vantage and one Calfe; and all the rest of my Goods with my Clothes or whatever else I have.” [MD 25:89]

Martha died by 1691 at Sandwich. Thomas married, second, about 1692, Hannah [—?—] Fish, widow of Ambrose Fish.  She had at least four children with Ambrose. 

Thomas died 9 January 1713/4 at Sandwich per note on his inventory [Barclay], although the vital record indicates 9 January 1710, it is apparently incorrect.  [Sandwich VR 1:30]

Thomas Toby of Sandwich, being aged and weak of body, wrote his will on 24 March 1709/10; it was probated 9 April 1714. He names sons Saml and Gershom executors. [Barnstable Prob Bk 3, p 352] He left the following bequests:

• Son John, the lot of upland I formerly gave him near house of Joseph Foster and occupied by Foster. 
• Son Samuel one end of his dwelling house where he dwells, half of my barn in his possession, one half of my Old Field, lot of 20 acres of land near the house of Edward Dillingham, a lot of six acres, orchard and fenced in upland with piece of meadow below the house of Eliakim Tupper; son Garshom to be allowed access to get to his land.
• Son Garshom Toby the other half of my Old Field, the little pasture called the horse pasture,  right of my Lands on westerly side of ye way that leads down to the house in which son Samuel now dwells, the neck of land behind sd dwelling house and extending between the Mill Pond and sd fresh meadow and so home to the farm of my son Jonathan Tobey,  all my meadow and marsh lying below the now dwelling house of Widow Ruth Chipman between sd house and ye Town Harbour near Scaffold Point, and also ye least piece of my meadow in ye pasture neck so called Lying between ye meadow of Shubal Smith and Jashub Wing with all my meadow & upland lying between the fords so called having the meadow of William Basset on the one side and ye meadow of Mr. John Smith & Stephen Skiffe, Esq., all my meadow and marsh Lying over ye creek on Sawpit Neck side as also all my upland adjoining to that meadow excepting two acres att ye upper end, the other part of my dwelling house being the southwest end of it, and also the other half of my sd barn.
• To sons Samuel and Garshom my lott of land in ye Towneck and my twenty acres of land formerly given to me by Quachatassett Indian Sachem lying near Snake Pond, my twenty acre Lott and my forty acre lot that is yet to be Taken up and Divided, all my right in the Common or undivided Land in sd Town of Sandwich all which is to be equally Divided between them. On condition that they keep and maintain “yr uncle Samuel Knott During ye Time of his Naturall Life both with food Drink Lodging and apparill and to allow him a decent Buryal after his death.” It’s endearing to me that Thomas was concerned with the welfare of the brother of his late wife. 
• Son Jonathan Toby ye lands on which he now dwells and in his possession and my biggest piece of meadow in sd ox pasture.
• Grandson Thomas Toby of Yarmouth besides what I have already given him one heifer of two years old and one shilling in money.
• Son Nathan all those lands near his dwelling house now in his possession and the two acres of land before reserved in Sawpit Neck.
• Grand daughter Sarah Toby the daughter of my son Ephraim Toby deceased that lott of land on which her mother Hannah Toby now dwells; provided that she live to ye age of one and twenty years or marry but if not then to be equally divided amongst all my sons then surviving.
• Hannah my Loving Wife all the Estate which she had when I married her and what she now hath which she Gott by her own Labour or that was given to her, one cow and all ye money which she shall have of mine in her hands at time of my death. 
• Each of my three [step]daughters five shillings apiece; and what other estate shall be left of mine when Debts Legasys & Funerall charges are paid to be Equally Divided to and between them the sd Sam’l and Garshom Toby.

Signed with his mark in presence of

Wm Bassett Sen’r

Wm. Bassett Jun’r

Thankfull Bassett

On 9 April 1714 Samuel Toby made oath to the inventory of estate of Thomas Toby late of Sandwich who died the 9th day of January 1713/4. It is a short list but totaled £1060 17s, a significant amount for the time. It included his clothes; feathers (perhaps indicating a business venture); a few household items; an oxe; one young cow; one old cow; one calf; land given to Samuel valued at £300; meadow & upland given to Garsham valued at £280; lot in Town Neck, 20 acre lott, 40 acre lot, and half a share in ye commons valued at £100; land and meadow given to Jonathan valued at £220; lands given to Nathan valued at £80; land given to Ephraim Toby’s daughter £60; his right in ye towns commons £90. 

Thomas’ second wife Hannah was a nurse. In 1705 the town paid her 20 shillings for curing Hannah Cleaves and Elkanah Smith. [Lovell]

Hannah died in March 1720/21. Hannah Tobie of Sandwich wrote her will 3 March 1720/21 and left these bequests:

• Son Seth Fish Twenty Shillings to be paid to him out of my estate as a Token of my love. 
• I do Give and bequeath unto my six children hereafter mentioned: all and singular w’soever shall be found within Doors or without which Doth of right belong to me in manner and form as followeth: To my son Samuell Tobye and my daughter Abiah Tobye his wife one full third part of my estate; my son Garshom Tobye and my daughter Mehitable Tobye his wife another third part of my estate;  my son Eliakim Tupper and my daughter Joannah Tupper his wife the other third part.

Hannah Tobye signed by mark in front of witnesses Eldad Tupper, Temperance Bourne , Elizabeth Tupper.

The will was probated the last part of the month. The estate was appraised at £95:15:3s.

Sources:

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

Mrs. John Barclay, The American Genealogist, “Hannah (Swift) Tobey, Daughter of William2 Swift, and the Family of Ambrose2 Fish, of Sandwich, Mass.,” 35:40 (1959)

Rufus Babcock Tobey and Charles Henry Pope, Tobey (Tobie, Toby) Genealogy: Thomas of Sandwich, James of Kittery, and Their Descendants, 1905

RA Lovell, Sandwich: A Cape Cod Town, 1984

Simeon Deyo, History of Barnstable County, Massachusetts,” 1890

Torrey’s New England Marriages to 1700

Henry Howland Crapo, Certain Comeoverers, 1912