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