HUMPHREY 2 CHADBOURNE (1. William 1), baptized Tamworth, Warwickshire, England 23 Apr 1615; died Kittery, York Co, ME 1667 (will dated 25 May 1667, recorded 15 Oct 1667, inventory returned 12 Sep 1667 (MW, 45-53; YD 2:27-31); married about 1652 LUCY 2 TREWORGYE (James 1), born circa 1632, came to this country circa 1646 (LND), died Newcastle NH between 1704 and Apr 13 1708 (LND, 133-134), daughter of James and Catherine (Shapleigh) Treworgye and niece of Humphrey's good friend, Major Nicholas Shapleigh. Lucy married second after 1 Apr 1669 (YD 4:fol 51) and probably by 13 Apr 1671, when Wills received land "for the use of Thomas Chick's family" (Berwick TR, 74) Thomas Wills. They were surely married by 12 May 1674 when Lucy's niece Elizabeth (Spencer) Chick was in court for abusing her "Aunt Wells" (vide post). Lucy married third after 14 Mar 1687/8 (date of Thomas Wills' inventory attested to by widow Lucy, LND, 134) Elias Stileman of the Isle of Shoals (LND, 661-2). The will of Elias Stileman, written 18 Dec 1695, named Lucy and her children (LND, 662). Elias died 19 Dec 1695 (Journal of Reverend John Pike, NHHS Coll III: 47). Lucy was listed on the Great Island (Newcastle) tax lists of 1699. She left an extensive will probated in NH as Lucy Stileman.
Humphrey may have arrived in New England with his father in 1634, although some reports credit his arrival earlier. Several books and articles have called Humphrey the builder, "chiefest of the artificers," of the Great House at Strawbery Banke in 1631. If this were so, he would have had to have come with his brother-in-law Thomas Spencer in 1630 or have been the "factor" who came on the Warwick in 1631. If he was baptized in the year of his birth, he would have been only 16 in 1631. In 1989 George Sanborn, as The CFA Reunion main speaker, stated that we have no documentation as to when Humphrey arrived. The first record we have found indicating his presence in America is the 1640 list of Residents of NH (NHPP, Vol 1), and in the same year he was named among the Kittery men who did not attend the court held at Saco (LND, 32), apparently required of all settlers in the region each year.
In 1643, Humphrey received a deed from the Indian Sagamore Roles of half a mile of ground between the Little River and the Great River in Newichawannock (S Berwick), except Quamphegan (YD I:6). Three years [page 10] later, Humphrey got a release from the same Sagamore of the rights to the fishing weir at Little John's Falls in Newichawannock (ibid). On 18 May 1645 Humphrey and Robert Nanney purchased a dwelling house in Dover from Christopher Lawson of Boston, that had been in the possession of William Belew. The land included an acre around the house and twenty acres of upland formerly granted by the town of Dover to Belew (Suffolk Deed I:68). No evidence has been found that Humphrey lived there. In 1650 he was elected town clerk in Kittery and served in this capacity many times thereafter. In 1651/2 he built his house near Great Works and that year served as a selectman. In 1663, Humphrey bought 150 acres of land at Sturgeon Creek from Nicholas Shapleigh, Lucy's uncle (Humphrey's will). The Sturgeon Creek property is shown on the 1701 "Plott of Mr Humphrey Chadburns Farm at Sturgeon Creek," surveyed for the town of Kittery for tax purposes, available through The CFA.
Notations by Charles Thornton Libby in his personal copy of Stackpole's Old Kittery and Her Families, held at MHS, show testimony (from MA Supreme Judicial Court Docket #138094, between 1780-1798) by Elder Humphrey 5 stating references by William 4 and Humphrey 4 regarding a log house of Humphrey 2:
"I Humphry Chadbourn of Francisborough in the County of York Esqr testify & say that about sixty years agone that I have heard my Father & Uncle Humphry Chadbourn often speaking of their Grand father's Logg house or Loging house & that said house stood about half a mile Southerly of Quampeging Landing in Berwick near Little River now called great works river and further saith not." George Dod discharged Humphrey Chadbourne of his share of "The third part" of victualling and wages of Dod's man in the French voyage, apparently a shipping/trading venture in which Dod, Chadbourne and Henry Parkes were partners together until Dod bought out Chadbourne (YD I:24 30 Apr 1651).
In Nov 1652 Humphrey was fourth among the men signing the Kittery Act of Submission, by which Kittery agreed to be governed by the Massachusetts Bay Colony. The signers may have thought this would strengthen their land claims in the face of claims by heirs of Capt John Mason. Capt Mason and Fernando Gorges had been granted by King James I 10 Aug 1622 all the land between the Merrimac and Kennebec Rivers. This was further divided in 1629, with Mason receiving all the land between the Merrimac and the Piscataqua. On 3 Nov 1631 Mason and Gorges made a grant to the Council of Plymouth, encompassing both sides of Piscataqua harbor and river. After his death in 1635, his heirs or agents apparently did not continue to fulfill Mason's part of the contract with the colonists; so by 1643 Humphrey 2 Chadbourne initiated the secure title to S Berwick land with his deed from Mr Rowles, the Indian. In Nov 1652 this was further strengthened by the Kittery Act of Submission. Richard Leader was noticeably absent from the signers of this document. Humphrey Chadbourne was among the signers of a petition against Richard Leader in Dec 1652, accusing him of the desire of purpose to get the upper hand in government over them (LND, 32/233, 421; Stackpole, 11-5).
By occupation, Humphrey was a miller, but he held several significant public offices as well, including serving as town clerk in 1650 and "often thereafter" (LND, 133). He was appointed a deputy to the General Court in 1657 and acted as commissioner to end small causes for several years. He was returned as deputy in 1659-60. He signed the petition against the claims of the Gorges heirs in 1662 and was an associate judge in 1662-3. In The Tory Lover, Sarah Orne Jewett called him "the law-giver of Kittery."
Both Humphrey and Lucy left impressive wills. [page 11]
1667 Will of Humphrey Chadbourn
In the name of god Amen the twenty fifth day of May In the nineteenth yeare of the Reign of our soveraign Ld Charles the secund, now King of England Scottland &c: & in the yeare of our Ld 1667, I Humfrey Chadborne of the Town of Kittery & parish of Unity, In the County of Yorke or Province of Mayn in New England being deseased in body, yet haveing the right uss of my sences & memory, do ordaine this my last Will & Testament, hereby revoakeing renounceing, & makeing voyd all other former Wills by mee made & for these outward things that god hath given mee, I hereby dispose of them as followeth
Inpris I do hereby give & bequeath unto my three daughters, Namely Lucey Aylce & Kattherne Chadborne, to each of them one hundred pounds, respectively to bee payd them in manner & forme following vidzt: If yt estate of Lands houses & Mills with their appurtenances which I do now possesse, do remaine & continew to my executrix (hereafter in these Presents to bee named) quiettly & peaceably as now It is in mine owne possession, shee being not defrauded nor dispossessed of it nor any of itt before the tyme that these my aforesd Legacys become due & payable by these Presents, then my will is that ye aforesd Three hundred pounds shall be payd them & to each of them respectivly at or before the full end of five yeares, after my decease in good Mrchandable goods, wch Legacys I ordayn to bee raysed out of, & pd with the produce & profett of the Saw Mills, which are now in my possesion, by my executrix, & that Prson whom I shall hereafter in these Presents Impoure to take any part of the profetts or produce of the sd saw Mills, togeather with my executrix after my decease, which Legacy or portion respectively my will is should be putt into the hands of some sufficient Prson or Prsons to bee Improved for ye best advantage of my aforesd daughters aequally & respectively untill such tyme as they shall attayne unto Marriage, or unto the age of one & Twenty yeares, by my executrix & overseers but if in case that ye sd saw Mills doe not produce that benefitt & profett yt heretofore they have by reason of the troublesomnes of the tymes or otherwise; Then my will is that the sd Legacys shall be pd them at their marrage days to each one as they shall come to Marriage respectively or else as they shall come to the age of one & twenty yeares, respectively as aforesd to bee pade by my executrix, & that Prson that shall injoy the profetts of the sd Mills as aforesd with her provided always that If my wife doe happen to Marry, my will is that yt Prson with whom shee shall marry, shall give in good security to see these aforesd Legacys fully satisfyd, & payd, If then unpayd to any or either of them, before hee or shee shall Injoy any benefitt or profett or have any thing to doe with the sd Mills, unto my overseers, for the true payment of the sd Legacys unto my aforesd daughters as aforesd And if In case yt any or either of my three daughters shall happen to dy before their Marrage, or the aforesd days of payment, then my will is, that ye surviver or survivers of my daughter or daughters shall injoy that portion hereby given unto the deceased aequally & if it do appeare hereafter that my wife bee now at this Present tyme conceaved with child, then my will is that if that Child live to ye age of one & twenty yeares or marrage wither sunn or daughter, shall Injoy & have all such portion & legacys as is hereby given unto my aforesd daughters, now Liveing if in case that any or either of them shall happen to dy before their [page 12]sd portions become due, & payable as aforesd, any thing here in contayned to the contrary, in any wise notwithstanding
Item I do give & bequeath unto my Two youngest sunns James & William Chadborne all that Land & Meddow now in my possession, with ye appurtenances liing & being at a place Called Sturgeon Cricke Which land & Meddow I lately purchased of my Ounkle Nicho: Shapleigh which appeareth by his act & deede of sayle to mee made beareing date in the yeare of our Lord 1663: togeather with the sayd deede & writeings, & all other the appurtenances thereunto belonging, or In any wise apprtayneing. Equally to bee devided betwixt them by yr mother, & my overseers to this my will & testament to have & to hould the sayd Land & Meddow with the appurtenances to them & to their or either of their heyres for ever, from & immediately after the deaths & deceases of my selfe & wife their mother, & not before And my will is that if my sun James dy, liveing, my sun William, or my sun William dy Liveing my sun James, & either diing, without lawfull heyres or unmaried, then the other that shall soe survive, shall Injoy all the aforesd Lands & Meddow, but if one or both of my aforesd suns shall happen to dy in a married estate, & hee or they or either of them dy in a married condition with out Issew, or heyres, my will is that his or their Widdow or Widdows shall each of them respectively quietly possess & Injoy that part of the sd Land & Meddow which did belong to there or her former husband or husbands for tearme of her or their naturall life, or lifes, if any such Widdow or widdows bee left soe, & after the decease of both my suns & their wife or wives diing with out Issew aforesd, my will is, that all the aforesd Land & Meddow shall returne backe unto my daughters, & to bee devided amongst them, & their heyres lawfully begotten, or to bee begotten And if after the death of my aforesd two sunns soe diing with out Issew as aforesd, there bee none nor neither of my daughters, nor not any Legitimate Issew by them at that tyme, then the sayd Land to returne backe & to bee possest & Injoyed by my next heyre at Law either male or female
Item I doe hereby give grant devise convay & bequeath unto my Sunn Humfrey Chadborne wch is my Elldest son & heyre by Law all my Lands & meddows fenced or not fenced, with all my houses buildings structures & Edifices togeather with my saw Mills, togeather with the appurtenances there unto belonging, all wch Lands Mills & houses are now liing & being in Newgewanacke, with in the Parish of Unity, now in my possession, & now or heretofore demed reputed & known to bee my proper Lands & estate, to have & to hould the sd prmisses unto him, & his lawfull & Legitimat heyres for ever, from & immediately after the deaths & deceases of my selfe & my now wife & not before: provided always & It is my true Intent & meaneing in these & by these Presents, that ye sd Humfrey Chadborne my son & heyre shall have noe pouer, directly or indirectly to sell give or grant the sd Lands houses or Mills or any part or Prcell thereof unto any Prson or Prsons wtsoever (except it bee to Confirme Joynter or Dowry unto his heyres wife) Neither to lease sett or lett the same unto any Prson or Prsons for any Tearme exceeding Twenty & one yeares, & that from seaven years to seaven yeares And further my will is, that If either my sun Humfrey aforesd, or any of his heyres or successors hereafter at any tyme shall make any grant gyft bargaine or sayle otherwise then aforesd, wrby [page 13] to frustrate my will & to divert my aforesd Land & prmisses, from runneing directly hereditary to mine & their heyres for ever, I doe hereby declare all such or any such barganes gyft grant or sayle to bee voyd & of none aeffect any thing herein to ye Contrary, in any wise Notwithstanding And if it soe happen hee die with out Issue, either In a married estate or otherwise, then my will is after the decease of him & his wife, If hee leave his wife a Widdow after him, then all the aforesd Premisses in this article specifyd, shall then returne & bee my sun James his estate, if then Liveing, & his heyres for ever And for want of James Chadborne aforesd, or such Isue by him, If my sun William Chadborne bee then Liveing, unto him & his heyres as aforesd, & for want of such Isue by William, unto yt child my wife is now conceaved with if a male & his heyres And for want of such Issew, unto my Elldest daughter then Liveing, & to her heyres for ever & for want of such Isue to the next daughter, & to her heyres, & soe to the longest liver, or my daughters & her heyres And if they all dy without Issue, unto my next kinesman that is my right heyre in Law & to his heyres, pvided always that they nor Neither of them shall have any power to defrade nor disinheritt mine or their heyres otherwise but to Injoy it for tearme of life upon the same conditions & provisoes that my sd sun Humfrey Chadborne is hereby to inheritt & hould my sd Lands & prmisses
Item And further my will is that If my sun Humfrey Chadborne doe enter into a Marrage Condition before the death & decease of his Mother, that then hee shall hereby have free Lyberty to fence in a quantity of the aforesd Lands, at Newgewanacke either tenn Acers more or lesse for planting Land, & alsoe free Lyberty to Erect & build him a Mansion house & other houses to his pleasure & for his owne uss, upon the same Land soe fenced in to bee layd out to him, & delivered into his hands by my overseers at their discretion, & by the Consent & advise of my Loveing wife his Mother Moreover my will is that if my sun Humfrey doe happen to Marry, yt then hee shall have & Injoy the one halfe deale of my saw Mill, & the halfe deale of ye profitts for & towards the payment of his sisters Legacys aforesd, if any bee unpayd at the Marrage day of the sd Humfrey, & for noe other uss untill ye sd Legacys are fully payd, & satisfyd: And in the meane tyme after my decease & before his Marrage especially to bee aydeing & with the best of his skill & ability assisting to his sayd Mother, in the carriing of the worke about ye sd saw Mill, as long as his mother shall continew unmarried for the best advantage not onely his owne part, but alsoe his mothers part by her direction & after all the burthen & Legacys which are layd on the profetts & produce of the sd Mills are payd, hee the sd Humfrey my sonn shall have hould & Injoy the halfe of the sd Mills, or one saw, & halfe of the Teame, & halfe ye Marsh now belonging unto, or now occupied with & for the sd Mills usse, unto his own proper usse benefitt & behoofe, dureing the naturall life of his mother, paying the halfe deale of the Charges concerneing the same & after her decease to Injoy all the aforesd Lands & other the prmisses as aforesd; but dureing his mothers life, to hould but soe much of the Marsh, or hay as may serve to mantayne halfe the Teame, bee it eight or t enn oxen, but not above the residue, for his mothers halfe Teame, & for her other usses;
All the residue of my goods & Chattles moveable & unmovable not heretofore nor hereby given, granted, conveighed or bequeathed, I doe give & bequeath to [page 14] my wife Luce Chadborne, whom I ordayne & make my whoole & soole executrix for to see my debts payd, & not onely such Legacys Prformed as are heretofore in this my Present Will & testament formerly given, but alsoe all such Legacys & bequeaths, as I shall hereafter give it being small Legacys, & annexed to this as part of my whoole Will, soe it bee Attested signed & witnessed under mine & Witnesses hands
And I doe desire my Ouncle Nicholas Shapleigh, & my Cosson John Shapleigh & my Cosson William Spencer, to bee my overseers unto this my last will & testament, to the utmost of their pouer to see my Will observed, & Prformed according to the Tenour thereof, & I doe hereby give unto my Ouncle Shapleigh one very good beaver hatt, & to my cosson John Shapleigh & William Spencer each of them a good Castor hatt as good as can bee gotten, for their paynes to oversee & see my will executed
Item I do upon due & serious considerations of the prmisses aforesd, order & ordayne that my suns James & William Chadborne, In consideration to that Donation I gave them at Sturgeon Cricke, that both of them shall to their utmost pouer & assistance, always to bee aydeing & assistant to their mother, & to bee at her Command untill the tyme of their marrage if there mother see cause soe to have it, & if they shall bee stubborne & disobedient to there mother, that then It shall bee lawfull for my executrix with the Consent of my overseers to dispossess them or either of them & to give the aforesd Lands & Meddow of Sturgeon Cricke to any other of my children & to none else, any thing herein Contayned to the Contrary notwithstanding
It is my will that my beloved wife being my Lawfull executrix take spetiall Care of my sister Spencer, & If it should soe happen yt my sister should fall to decay, & bee in want that then my wife Lucy Chadborn shall to her uttmost power & ability supply her & bee helpefull to her at all tymes hereafter
Item I doe bequeath unto my Cosson Mary Fosse five pounds to bee payd her with in one yeare after my decease
Item I give & bequeath unto my sun Humfrey Chadborne my now rideing horse with all the furniture to him belonging, & my intent is that the sd horse with ye furniture bee at his owne dispose, imediately after my decease
Item I give & bequeath unto my daughter Aylce Chadborne my great silver beaker, & my true intent is it shall bee quietly delivered unto her at the day of her Marrage
In witness wrof, both unto that former writeing here in expressed, & heretofore in this sedule of my will & testament at large expressed before I did ordayne & make my executrix & appoynted hereby my overseers, as alsoe to those bequeaths Lecacys injunctions & desirs of mine I have hereunto sett my hand & seale thereby Confirmeing it to bee my last Will & testament In the Presence of these Witnesses, hereafter underwritten & subscribed Humfrey Chadburne
Sealeld Signed & acknowledged
by mee Humfrey Chadburne Senior
to beee my Last will & testament in the Presence
of us
Humphrey (his mark) Spencer [page 15]
Moses (his mark) Spencer
Andrew Searle
And further I doe declare unto all men that I Humfrey Chadburne Testator, haveing maturely & seriously considered my owne fraylty in pticular, & every Prsons mortality in generall, & haveing not yet formerly in this my last will & testament made any provission for the bringing up of my 3 little daughters Luce Aylce & Katthrine, Chadborne, & that Child with which my wife is conceaved with, yet unborne, how to bee brought up according to my mind & Will at Schoole & Learneing, not spending upon that stocke or portion or Legacys which I have formerly given them, untill they should every one of them respecitvely, bee of the age of Twelve yeares, or capable to gett their liveing, intending thereby & my will is that yr portions shall remaine whoole & unimbezelled unto them at that age, & tyme respecitvely, for that end & purpose my intent & Will is, that my aforesayd daughters & youngest Children shall be mantayned & brought up by my suns Humfrey James & William Chadborne, respecitvely & proportionably & my will is that my Sun Humfrey shall bee at the greatest Charge towards their bringing up, & James & William some small part according to yr abilitys & the discretion of my overseers, & I doe hereby bind my Land for the Prformance here of, that my suns possessing my aforesd Lands & Mills, shall bee to the Charges of the bringing up of my sayd youngest children, soe as that their aforesd portions may not bee spent nor in the least Imbeazelled untill they shall accomplish the age aforesd, respectively, & I doe hereby declare that this here under written is as really a branch & a part of my last will & testament as any thing either gyft devise or Legacy heretofore given or bequeathed
In witness hereof I have here unto sett my hand the day & yeareaforesd, in the Presence of the same Witnesses abovesd, whose names are here againe subscribed Humfrey Chadburne
Witnesse
Andrew Searle
Humphrey (his mark) Spencer
Witness
Moses (his mark) Spencer
(proved 13 Sep 1667, YD II:27-30)[signature: town clerk, Kittery Town Book I]
By occupation, Humphrey was a miller, but he held several significant public offices as well, including serving as town clerk in 1650. He was appointed a deputy to the General Court in 1657 and acted as commissioner to end small causes for several years. He was returned as deputy in 1659-60. In “The Tory Lover”, Sarah Orne Jewett called him "the law-giver of Kittery."
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