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Papers of the Winthrop Family, Volume 4

Israel Stoughton to John Winthrop1
Stoughton, Israel JW

1639-07-31

To The Right Worshipfull our Honored Gouernour John Winthrop Esq: These present
Right Worshipfull,

Hauing beene at Waymoth in person with Brother Millet to demand 100li of Tho: Richards vpon a Bond committed to my Trust and by Letter of Autorny assignd to me to receiue and dispose to Mr. Cornish his vse: by which bond he is bound in 200li for payment of the 100li vpon demand as hath beene performed, So it is that he hath refused payment vpon this grownd, he saith he gaue Mr. Cornish 2 bonds, one to remayne heere, and the other to carry with him, and because he hath not sent him that bond he will not pay the mony vpon this: But will first be advised, and will come to your Worshipp for advice.

Now my occasions detayning me I make bold to informe you what concernes my part, and so you hearing both may advise as God shall guide you.

133

The bond in my hands he cannot deny to be his act and deed. vpon this I require performans seing the mony allso is truly and really due and legally assignd to me by Mr. Cornish his Letter of Attorney vnder a publique notarys hand: where by allso I haue full power to giue all manner of Release etc: and if he haue giuen an other bond for the same thing it might be his weakenes, and yet it may allso so far as I know be some custome among sea men etc: Now Mr. Cornish acknowledgeth that bond and writes to me that vpon notis of the performence here, he will cancell it, or do with it as I shall direct, and I offered Mr. Richards both to giue him Release from this and that in Mr. Cornishes name, absolute, and to be bound in all that ever I am worth that that bond shall never be required, this being performed: Here he knowes it cannot, and in England the bond it self runns in that forme that it will be nothing worth but lyable to diuers manyfest exceptions. The Condition of the bond being this that the mony be paid here or in Old England vpon demand the 30th of July 1639 Such and such articles and conditions being kept, which afford evasions too many there, tho the mony should not be paid here at all. But much more if release therefrom be produced.

Besides he is not going to England, nor is there person or place mentioned where to demand it in England The simple intent was this (and exprest) that if shipping came not hither this yeare so as Mr. Cornish could take a course to demand it here, then Mr. Richards was oblidgd to take a course to pay it him there, as the wittnes testifyeth.

Now that makes him the more presume is because he perseiveth the mony is like to abide here and he hopeth to haue the vse there of a longer season: allso they presume forfeitures will not be taken in N: E: and so make a nothing of refusing payment: and makeing a mock of me and my words and paynes etc. For Brother Millet gaue him notis expresely I had not the bond in England. this was on wensday last, and on thursday I spake with him at boston, and he bore me in hand I should haue the mony, yea before your worshipp that day For I told him I would come downe my self: yea being there the Evning before to conferr and see if all were cleare that I might receive it on the day, I told him and we disputed the case of the other bond: and after this parted with this same promise from him, only that he would attach the mony in my hands to answer a plea about Land: but we should haue the mony. It was ready in gold the most, we should only stay the telling of it. In these very termes he spake as we 2 cann depose: yet on the morrow he denyed it, as he or shee saith vpon better consideration:

Now may it please you, I did obserue great Carefullnes and faithfullnes in Cornish for Sallanova (whose mony this is realy tho it be turnd into 134Cornish his name, by Richards his meanes, and so lyable to Mr. Quoitmore ells I suppose it were not) and because I was by Sallanova from the beginning by letter joyned Assistant with Cornish that he might haue right etc. I take my self bond in faythfullnes to see the vttmost least I fall short of others in so good a vertue as faythfullnes And were the mony free I could send it home by as good a hand instantly as I could desire, Mr. Woolcot by name that goeth into those parts.

But if it will not be freed, seing providence hath cast it so, I recon it my duty and right to do what an autony should and may for the speedy takeing it into my owne hands for suppose it miscarry and I omit my trust how can I answer it therefore resolue if he do not forthwith pay it, I will by the Lords leaue sue this bond the next court,2 and tho I expect not forfeiture, yet I doubt not the principall and sufficient Charges, for default: For if it ly here it shall not ly vnimprooved to his Benefit that owes it, for the power I haue I will improove (takeing care for my owne safety) with what faithfullnes I cann attayne.

Thus much I thought meet to informe, and leaue your worship to aduise as God shall direct: So with my due respect and service Remembered I leaue you to the Lord Yours for ever oblidgd

Israel Stoughton Dorchester July the 31th 1639
1.

W. 4. 96; 5 Collections , I. 274–277. For Stoughton, see 5 Collections , I. 274n.

2.

Richards discharged his obligation to Cornish on September 3, 1639. Lechford's Notebook, 159–161. Since there is no mention of the case in the court records, he presumably paid just in time to avoid being sued at the Court of Assistants which met on that day.