52 ANCESTORS IN 52 WEEKS#50: ROBERT SWAN "...a passionate man."

Fellow geneablogger Amy Johnson Crow of No Story Too Small has issued the
52 Ancestors in 52 Weeks Challenge. Basically, we have to post something every
week on a different ancestor, whether a story, picture, or research problem. I've
been tracing the ancestral lines of my grandmother Cora Barker. continuing with
her Swan ancestors.

 I've written before about my 7x great grandfather Robert Swan but this excerpt
 pints a picture of quite a personality. Robert sounds like a cross of J.R. Ewing
with a medieval baron:

Robert Swan was early in Haverhill and a lotholder, but he seems to have been often in hot 
water. The famous Council of 1656 thought “ there was too great appearance of much iniquity 
on Goodman Swan's part in this matter.” He was probably a passionate man. In 1666 he was 
fined by the County Court “ 30s. for striking John Carleton several blows," whilst Carleton 
was fined £3 for striking him. In 1673 the town ordered him to “ pull down ” a ditch he had 
made across one of the town’s highways or be prosecuted. In 1674 he was fined 200s for 
being drunk and cursing. July 2, 1694, there was a special meeting at which it was voted to 
resist Swan’s claim to the meadow laid out for the ministry. But be apparently had the confidence
of the people, after all. He served in King Philip's War, was on the committee with Mr. Ward in
1683 to procure an associate pastor, and in 1686 on the committee to view disputed or uncertain 
bounds.He was highway surveyor in 1692, and deputy to the General Court in 1684. In 1689 his
sons Samuel and Joshua were brought before Major Nathaniel Saltonstall as a magistrate, upon a complaint for cutting down some of Simon Wainwright’s best apple trees. Swan sent the major a 
notice which Myrick prints, forbidding him to proceed with the examination, and insinuating his 
opinion that if the major took it, it would “be altered when it comes to corte.” February 17th 
following, the magistrate entered at court a complaint against Swan “for a high contempt of authority and endeavoring to hinder him in the execution of his office as magistrate, and casting abominable, wicked reflections upon him to ye high defamation of his name.” But Swan's sons avenged the public upon him. They appear to have had a feud with Wainwright, for Samuel, the son, was, in 1690, tried, convicted and sent to jail for wantonly stabbing Capt. Simon Wainwright’s valuable horse with a half-pike. The testimony of Samuel lngalls is worth reproducing as a matter 
of justice to old Swan, and illustrative of the parental discipline of that day. He says: “I and Samuel Swan was at work together in the field of Robert Swan, Jun., and Goodman Swan, Sen.,came to us and asked us to goe into the hous with him, and then he asked Sam’l why he stabbed Mr.Wainwright’s horse. Samuel said nothing. Then said his father to him what is the reason yo doe wickedly in sinning against God in abusing the dum creature, and his father was so grievd at it yt he weped, and then he said I am resolved I will give you coreksion, and then he pulled off his close to his shirt and took a stick as big as a good ordinary nailing rod, and then he took Sam’l by one hand and streek him as hard as he cable to strike and streek him many blows. His father was a considerable while beating him and Samuel cryed out and beged of his father vari much yt he would beat him no more." pp1940-1
History of Essex County, Massachusetts: With Biographical Sketches of Many of Its Pioneers and Prominent Men, Volume 2 (Google eBook) J.W. Lewis,Pub. (Philadelphia. Pa. 1888) 

Interesting guy, Robert Swan.

52 ANCESTORS IN 52 WEEKS#29: ROBERT SWAN VS. STEPHEN WEBSTER, PT2

On the same day that Stephen Webster brought my ancestor Robert Swan to court
over stolen wheat,  there was a second court case involving the two men. Apparently
Webster didn't take the theft of his wheat very well. From the Essex County Court records:

Stephen Webster was fined for speaking reproachful words to Robert Swan.*

*Robert Swan's complaint to the Worshipful Mr. Bradstreete against Stephen Webster : For saying that he would be the death of him, and for saying that Swan was a weak man and he could drive a dozen such as he before him through the town; also for threatening to burn said Swan's barn, which might be disastrous to himself, wife and children, for his dwelling house was very near the barn, etc. Elizabath Whiticker and Samuell Gile, jr., deposed that the same day that Robert Swan was charged with taking away the wheat, Stephen Webster said that if it had not been for Goody Swan, he would have knocked Robert in the head, etc. Sworn, Sept. 25, 1665, before Simon Bradstreete.f

Barthellme Heth deposed that Stephen Webster came to him with some neighbors to ask counsel, and soon after Robert Swan came for the same purpose. Webster desired counsel before his father Emiry and John Griffen, etc. Sworn in court. Abigale, wife of John Remington, deposed that being abroad in a hemp yard, she saw Webster go to her brother Swan's, and her sister Swan go with him to the barn. Webster said to Swan, "art thou a church Member, and dare to doe lyes," with which he stabbed at him with the fork he had in his hand, making a mark on his breast. Webster stood on the rails that were set up on the outside of the barn to fence in the mow, etc. Sworn, Sept. 22, 1665, before Simon Bradstreete.f

Robertt Swan deposed that they at first agreed about the wheat and shook hands and later Webster told him that he had played him a scurvy trick, sometimes he had put two sheafs together and Joseph Leigh, for many offences, was sentenced to pay a fine, to be severely whipped and bound to good behavior. He was to be imprisoned until the fine was paid, and upon his petition, the corporal punishment was changed to a fine and a fortnight's imprisonment.* again only one and a half. This he had done by taking some wheat out of the sheaf, putting it at the end of the band, drawing it up to the heads and twisting it together and made the band longer. Deponent told him that it was horrible wickedness for him to make deponent appear guilty when he was guilty himself, and he said it was good policy to use means to keep himself out of snares, etc. Elizabeth (her mark) Swan, wife of Robert Swan, deposed concerning the assault in the barn. She took the pitchfork from the men, and Webster told Swan that he would be the death of him if he hanged for it, etc. Sworn, 10 :6 :1665, before Simon Bradstreete.f

Elizabeth (her mark) Swan, daughter of Robert Swan, deposed. John Griffen deposed that being at the house of his father Sherred, etc. 

 p277  Records and Files of the Quarterly Courts of Essex County, Massachusetts: 1662-1667 (Google eBook) Essex Institute, 1913 


And that's all there is. I hope that whatever Stephen Webster was fined offset the
treble damages 7x great grandfather Swan had to pay. Reading this, I could
picture the two men in the barn, Webster poking at my ancestor with the pitchfork
until Robert's wife Elizabeth (Acey)Swan marched in to take the pitchfork away
before something serious happened between the two fools.

I love these Essex County court records. They give me a glimpse of what my
ancestors did and said. In this case, it painted a picture of a day in Robert Swan's
life that could have ended badly.

52 ANCESTORS IN 52 WEEKS#29: ROBERT SWAN VS. STEPHEN WEBSTER, PT1

Fellow geneablogger Amy Johnson Crow of No Story Too Small has issued the
52 Ancestors in 52 Weeks Challenge. Basically, we have to post something every
week on a different ancestor, whether a story, picture, or research problem. For
this prompt I've tried to concentrate on ancestors I haven't researched as much
as I have others in my family tree, This week I'm writing about my 7x great grandfather
Robert Swan's dispute with one of his neighbors in Haverhill, Ma. 

The story unfolds in the records of an Essex County, Ma. court session held at Ipswich
on September 26, 1665 :

Robert Swan, complained of by Stephen Webster for stealing wheat, was ordered to pay treble damages.*

*Stephen Webster deposed that upon Aug. 4, 1665, he and Robert Swan were in company with some of their neighbors, and they tried to agree about the wheat, etc. Zeackriah Whitt, aged about twenty-three years, deposed that he was employed to shock his master Webster's wheat, which grew upon land near to Robert Swann's house, and the last day they were reaping said wheat, Joseph Johnson was helping him. The next morning much of the wheat was gone, etc. He also mowed wheat for Swan near his orchard. Sworn, 10 :6 : 1665, before Simon Bradstreete.f

John Heasellton, sr., testified that he and his son Samuell plowed the land for Steven Webster, which land adjoined the little river near the saw mill, etc. Sworn, Sept. 25, 1665, before Simon Bradstreete.f

John Griffen, aged about twenty-four years, deposed that Swan told him that he had the wheat in exchange, etc.

Joseph Johnson, aged twenty-seven years, deposed that he worked upon the land that Steven Webster sold to Robert Swan, etc. Sworn, 10 : 6 : 1665, before Simon Bradstreete.f

Samuell Heazellton deposed. Samuell Gilde (also Guill), aged about sixteen years, deposed that his master Swan's cart, etc. Sworn in court. John and Joseph Johnson deposed. Sworn in court. Thomas Davis deposed that part of the land was sown with "silpy" and the other part with wheat, etc. Sworn, Sept. 22, 1665, before Simon Bradstreete.f

Edward (his mark) Brummidge deposed that Steven Webster's lot was near Abraham Whittiker's house, etc. Sworn, Sept. 22, 1665, before Simon Bradstreete.f

John Hazeltine and Stephen Kent, sr., deposed that Samuell Guile, jr., etc. Sworn, Sept. 25, 1665, before Simon Bradstreete.f

Jno. Griffin, aged about twenty-four years, deposed. Sworn, 10 : 6 : 1665, before Simon Bradstreete.f

-pp276-277  Records and Files of the Quarterly Courts of Essex County, Massachusetts: 1662-1667 (Google eBook) Essex Institute, 1913

As usual when I find one of these things, there is the unanswered question of
exactly how much money was the "treble damages" Robert Swan had to pay?

But it didn't end there. Like all the best of these colonial court cases, there was
a counter suit against Stephen Webster. I'll go into what my ancestor accused him
of doing in the next part.

To be continued.