1. THOMAS-

b. 1596 ?Winchcombe, Gloucester?
m.c.1629 PATIENCE CHADBOURNE (bpt. 8 Nov. 1612 Tamworth, Staffordshire, d. 7 Nov. 1683 Berwick)
d. 15 Dec. 1681
will 5 June 1679-1 May 1682

Thomas deposed on 25 Aug. 1676 aged 80 years that he had lived in this country for 46 years and stated that "John Mason did never settle any government nor any people upon any land called y Province of New Hampshire on the south side of Piscatqua river either by himself or any of his agents to this day. And whereas Mr. Robert Mason had grandchild by his petition to his Maty charges ye Governors of ye Massachusetts or ye Bostoners, as he calls them, ffor taking away the government in a way of hostility : burning of their houses and banishinig their people out of their dwellings, they doe affirme the same to be positively false."(23)

He came to Pascataqua with Mason's employees as a lumberman in 1630 and returned to England in 1633 and came back again to Berwick on the "Pied Cow" 8 July 1634.(1)

The deposition of James Wall one of Capt. Mason's carpenters was taken 21 May 1652:

"The Deponent sayeth that aboute the year 1634 he with his partners William Chadbourne and John Goddard came over to New England upon the accompt of Captaine John Mason of London, and also for themselves, and were landed at Newichawannock upon certaine lands there which Mr Goisslem [Henry Jocelyn] Captaine Mason's agente brought them unto, with the ladinge of some goodes, and there they did builde up at the fall there (called by the Indian name Asbenbedick) for the use of Captaine Mason and ourselves one sawe mill and one stampinge mill for corne wch we did keep the space of three or foure years next after, and further this deponent saith, he built one house upon the same lands, and so did William Chadbourne an other & gave it to his sonne in law Thomas Spencer who now lives in it; and this deponent also saith that we had peaceable and quiete possession of that land for the use of Captaine Mason afforesaid and that the said agente did buy some planted ground of some of the Indians which they had planted upon the saide land, and that Captaine Mason's agente's servants did break up and clear certain lands there and planted corne upon it and all this is to his best remembrance-

Sworne before me
George Smyth"(15)

"The deposition of Jeames Johnson, aged 50 years, or thereabouts; this deponent saith, that upon the steep fall beyond Thomas Spencer's house, there stood part of a Mill Wch was said to be Capt Mason's 16 years since, to the best of my remembrance & farther saith not.

TH0. WIGGIN"(16)

Thomas and his brother-in-law Humphrey Chadbourne operated the mill and in 1654 Thomas gave his son-in-law Daniel Goodwin half of his ownership in the mill.

Thomas was sued for a debt by William Scadlock in the Saco court 7 Feb. 1636/7 with Mr. John Treworgye as his bondsman:

"Will : Scadlock an accon of debt against Thomas Spencer of Piscataqua... Will : Scadlock his accon against Tho : Spencer, thus determined : Spencer pays 18s downe and if it appear that Scadlock be not satisfied of 1� 1s 3d more, besides, Spencer give Mr Jo : Treworthy for his security to be paide the 4gth of Aprill next."(2)

Patience received her father's house as a gift in 1638. The house was the largest in the settlement and was used as a public tavern. When Thomas died in 1681 he left his homestead, still fenced as a ten acre lot, to his eldest son William. (3) The house consisted of an upper chamber, a lower chamber, a leanto, and a hall. The Spencer garrison was built before 1675 and was large enough to shelter 100 people.

In 1647 he and Thomas Withers were called on to account for rates and fines collected. Thomas was on the jury in 1647 and on the grand jury in 1651, 1653 and in 1656.(4)

The tract of land in South Berwick called Quamphegan or Quampeagan was the private estate of Sagamore Rowles which he sold to Thomas 19 March 1650 for �5:

"To all Christian Peole to whome these presents shall come Health and Peace in our Lord God everlasting, Amen. Know all Men by these presents that I, Mr. Rowles, Indian and Sagamore of Newichewanacke, have for Five Pounds Sterling payd to me in Hand by Tho : Spencer... have... sould... a Parcell of land called by the Name of Quamphegan & bounded betwixt the Two little fresh Creeks... & the uppermost Bounds in Length to go to the First little Swamp that lieth at the upper End of the said Ground... this 19D : March 1650... in the Presence of Humphrey Chadbourne"(5)

"At a town meeting at Kittery April 8th, 1651. It is ordered at this Town Meeting, that Thomas Spencer & Humphrey Chadbourne, to them their heirs or assignes for ever, shall have Namely Tomtinker's swampe & five hundred pine trees beside allotted unto them by the Townsmen when Mr. Leader commands

And it is further ordered that Thoms Spencer & Humphrey Chadborne their heyrs of assignes for ever shall have free passage for the bringing of Tymber down the little River unto their saw Mill"(17)

"Wee Townsmen of Kittery have Lotted unto Humphrey Chadbourne & Thomas Spencer, their heyres or assignes for ever, five hundred of pine trees, that was given them at a Town Meeting at Kittery & stands upon Record

It being the next great swampe, of note, & hath on the South West side a peece of Land lotted unto Willi : Spencer

It being bounded on the North East side with ye same swampe & on the South West side with a little swampe, that hath some pynes growing In it

Soe the lott runnes, between the same bounds named, from the little River to his father's, Thoms Spencer's Medow liing at the upper end of sd lott".(17)

On 24 May 1652: "Granted & Lotted out by ye Townsmen for Kittery unto Thomas Spencer his heirs or assigns forever a Tract of Land bounded as followeth. Beginning at a tree marked near unto Mr Bassill Parkers field & so runs up to a little round swamp where there are trees marked & from those trees upon ye lines southeast and by east & back into thee woods till two hundred acres be accomplished and it is bounded on the southeast side with several marked trees & so to run upon ye same line southeast & by east."

Thomas took the oath of allegience to Massachusetts at Kittery 16 Nov. 1652 (6) and signed a Kittery remonstrance 20 Dec. 1652.(7) In 1654 he was living at Saco where his wife was running an inn in 1662.(8)

On 13 Oct. 1654: "Granted and laid out unto Tho. Spencer... by Select-men of Kittery, thirty acres of upland about Slut's corner beginning at... bounds of a grant made to Mr. Richard Leader... by the south-east side of the Cart Path along... the bound of the said Spencer's two hundred acres laid out to his house and for to go over the brook that runs down to the Fagot Bridge..."(19)

In 1656 Thomas was one of the signers of the petition to Oliver Cromwell asking to prohibit attempts by Capt. Mason's heirs to regain possession of his property in Maine.(20)

Thomas had a tavern license in 1659 and in 1680 and after his death Patience was granted a license and her son Moses was bound by the court to keep order. He was disenfranchised in 1659 for entertaining Quakers. In a long list of "those persons yt entertayned the Quakers, with the answers given in by them respectively" we find: "That Thomas Spencer pay as a fine to ye country for his entertayning the Quakers the somme of five pounds, & be disfranchised".(9) In 1661 he and Daniel Goodwin were accused of trading with the Indians but, no grounds for such a charge appeared. In 1662 Barefoot got a judgement against him for debt which was discharged in 1663 by Humphrey Chadbourne with whom he operated a saw-mill. Thomas was a resident in the parish of Unity in this year. Also, in 1662 Thomas sold 12 acres of his land on the river to his son-in-law Thomas Etherington:

"We Thomas Spencer of the Parish of Unitie... planter and Patience my now wife being now or of late possessed of one lot of land containing by Estimation two hundred acres... granted unto mee... by the Town grant of Kittery... for and in consideration that Thomas Etherington hath Married with Mary our daughter And for ye love and Naturall affection that we ye said Thomas and Patience Spencer doe beare unto the foresaid Thomas Etherington and Mary his wife And for their better livelyhood hereafter have and by these presents give and grant... All that tract of land being by Estimation twelve Acres... being bounded with ye lands of Richd Nason... and West with ye Residue of Thomas Spencers land... And with Daniel Goodings land... Adjoyning to a lot of land that ye said Thomas Etherington lately purchased of John Gattinsby And there is ye dwelling house of the said Thomas Etherington that he built..."(21)

"I... Thomas Spencer and Patience my now wife for and in consideration that John Gattinsby hath Marryed with our daughter, Susana... As alsoe the love and Naturall affection that we... doe bear unto the foresd John Gattinsby and Susanna his now wife, and for their better livelyhood have given and granted... All that tract of land it being by Estimation twelve Acres... bounded with ye lands of one Richard Nason... and with ye lands of Daniel Gooding, & a marsh called Parkers Marsh... And ye lands of Thomas Etherington..."(22)

On 20 Oct. 1663 Thomas deeded all their land lying on the south side of the Great Works river near Quampheagan to his son William for �18. Thomas and Patience kept the home place and eight acres on Cox Pond.(10)

Thomas was absent from meeting in 1663, 1665 and in 1675 being presented for "neglecting to come to the publique meeteing on the Lords day to heare the word preached for about the space of 3 Moenths".

On 14 Aug. 1667 Thomas gave his son-in-law Daniel Goodwin 6 acres "Wron his house & barne now stands". On 20 July 1676 he deeded 30 acres to his son Humphrey east of Daniel's land and bounded "on the northwest by the highway that leadeth toward York":

"Thomas Spencer of Kittery... plantor and Patience his Wife for many good Causes... especially for that Naturall love and affection that they beare unto Humphrey Spencer their sone and Grace his wife and for their better liveliehood hath passed over... one Messuage or tenement scittuate and being in the towne of Kittery aforesd containeing one Dwelling house and about thirty acres of land adjoyning... with the house lot of Daniell Goodin... and the land of John Wincoll... and the land of the aforesd Thomas Spencer... and on the southeast with a small brooke running out of a swampe called parkers Marsh into a meadow of Daneille Goodins called Sluts corner... which parcell of land is part of a lott of two hundred acres of land formerly Granted by the towne of Kittery unto the said Thomas Spencer... The foresd Thomas Spencer alwayes reserveing unto himselfe and to Patience his wife free liberty of fellign Cutting and carrying away timber and firewood from the said tract of land... Dureing the whole terme of their Naturall lives... thie five and twentieth Day of July in the yeare of our lord one thousand six hundred seventy and six- Thomas X Spencer, Patience Spencer... in the presence of us John X Terrie, William Spencer".(26)

"December 13, 1669. Granted unto Tho. Spencer one hundred acres of upland joining to his Meadow at Wilcox pond as conveniently as may be, not hindering ye convenient laying out of ye land appointed for ye ministry".

"February 27,l 1671. Thos. Spencer's lot of one hundred acres laid out on the Southwest side of William Spencer's, one hundred and seventy tow rods long and in breadth ninety three rods". Also, twenty acres were "Granted to Thos. Spencer his addition June ye 24th 1673".(18)

Nicholas Hodsdon and his wife testified 18 Apr. 1670 that Thomas had given Daniel Goodwin one half of his share of the mill and timber being one quarter of the whole:

"These deponents (Nicholasse Hodesden & his wife) being sworen saith that about fifteene or sixteene yeares agooe that Thomas Spencer being att quamphegon at the howes we then lived in said that he had given the on half of his half part of the mill & Timber thereunto belonging being on quartor part of the mill unto Daniell Goodin for his dafters Portion Nickhollas Hodsden & his wife reploied & said neyhboner Spenser I wish yon well to Consedar what you doe for you had many children & every on would have a lettell & you cannot give every one such a Portion & he answared & said that shee wase the Eldest dafter & hee had don yt & farther saith not:

"In the name of God amen I Thomas Spencer of Newgewanacke in the Townshipp of Kittery being sick of body, but through the mercys of god, sound of Mind & memory and not knowing how soone my Change may come desire to dispose of that Estate which god hath given unto Mee as followeth viz:

Imps I give unto my Eldest sonn William Spencer after my decease & the decease of Patience my loving wife my now dwelling house & all out housing by it & belonging to it & all the Land adjoyning to it being now in my possession & lying on the North side of the highway, by my sd dwelling house, whither it be Gardens orchards, pasture Meddows Corne Land to him the sd William Spencer my child, & to his hayres for ever, provided hee pay or Cause to be paid unto my Two daughters, namely Susanna & Elizabeth with in six weeks after my decease & or my loving wife Patience, the full and just Sum of Tenn pounds, apiece in money or pay equivalent there unto the houses and the land lying responsable until ye Legseys aforsd bee duly payd.

2ly I give to patience my loving wife all the rest of my Estate, whither bee in lands Chattles, Cattle, goods debts house hould stuff Meddows &c: not mentioned as abovesd for her to distribute & dispose of amongst my Children at her own discretion, except what I have already given to my Eldest sonn as abovesd

Lastly I do nominate & appoynt patience my sd loveing wife to bee my Soole executrix of this my last will & testament in Consideration where of I have here unto set my hand & seale, the second day of June in the yeare of our Lord one thousand six hundred seaventy nine/1679

Signed sealed & Delivered
Thomas Spencer
Presence of his mark
Gillbard Warrins his marke x
George Pearsons

An Appendix to my last will & testament as on the other side of this paper, appeareth my further will in that, where as formerly I gave unto my sonn in law John Gattinsby who married my daughter Susannah a certen Tract of land being part of that too hundred acres that the Town of Kittery granted to mee, joyneing to my house lott, & the sd Gattensby sould his sd right or tract of land unto my sonn in law, Thomas Everington who married my daughter Mary, & the sd Gattinsby was fully Contented, & payd by sd Everington my sonn in law, for his sd land & the sayd Everington my sonn in law possessed the sd Land his life tyme, & left it to his heyres; and wh as I also gave unto my sonn Etherington a Certain Tract of Land adjoyning to the land hee bought of the sd John Gattinsby on which the dwelling house of the sayd Etherington now standeth, & both Tracts of land contayning about Twety foure Acres, by Estimation, bee it more or less, as they are now bounded with Richard Nason & the high way on the South, William Spencers land on the West, Daniell Goodins land & Humphry Spencers land on the North, & that part of my land Called Parkers Marsh on the East: And although some writeings have been Prused about the Premisses, yet nothing yt I know upon record about it, & that the sd Land according to my true intent discend unto the right heyres of it, both by the sayd Etherington's purchase of the sayd Gattensby in part, & my gift unto the sayd Etherington of the rest of the sd land: Now my will is that the sayd Land with the dwelling house Upon it, & all the appurtenances & priviledges yt unto belonging, should bee & remaine the proper right & inheritance of John Wincoll Junior, sonn of John Wincoll of Kittery & of Mary his wife deceased, who was the daughter of my sd sonn in law Thomas Etherton & Mary his wife deceased, to have & to hould the sd tract of Land, dwelling house with all the appertuancnes, & priviledges there unto belonging to him the sd John Wincoll Junjr & his heyres lawfully begotten of his body; and if hee dy without such lawful heyres my will is that the sd Tract of Land houseing & all appurtenances and priviledges yt unto belonging shall bee & remaine the proper right & inheritance of patience Atherton daughter unto sd Thomas Etherington & Mary his wife deceased, to have & to hould to her & her heyres for ever/ in witness where unto I have afixed my hand & Seale, this fifth day of June one thousand six hundred seventy nine 1679

Signed sealed & delivered
Thomas Spencer
in Presence of his mark
Gilbard Warrine his marke x
George Pearson

Acknowledged 15 June 1679, recorded 15 June 1682 Inventory taken 1 May 1682 and the estate valued at �257.14.0 by Richard Nason, Moses Spencer and John Wincoll 1 May 1682, who stated that Thomas Spencer was deceased in Dec 1681.

"Imprs His weareing Cloaths 5� : in the upper chamber, one feather bed It Coverlid blankett, 1 peyre of sheetes 2 pillows & a bowlster 3:10:00............. 08� 10s 0d
It one peyr of sheetes 10s 3 yds. of Cayrsey [Kersey]12s a Carpet 3 old Chests & forme 16s........................................................................................ 01 18 0
It In the lower Chamber, one feather bed, 3 blanketts a rugg 2 pillows It a bowlster 5� A little Table Carpet ould Chest a forme earthern dishes 10s............ 5 10 0
It in ye leantow, a rugg a blankett ould bedding wodden dishes trays 12s trenchers 3s................................................................................................... 00 15 0
It in the Hall 2 Copper kettles a brass skellett one warming pann It one little kettle & a skimmer two pounds.................................................................. 02 00 0
It 8 pewter dishes, 8 porringers, 5 pewter potts & a bason 40s & a bason & Ure [pitcher]10s........................................................................................ 02 10 0
It 6 earthern dishes 5s 2 Tynn panns 2s, a silver Cupp & spoone 12s.......................................................................................................................... 00 17 0
It one Iron pott fyre pann hookes & tramell 10s Chayrs & Table 10s.......................................................................................................................... 01 00 0
It Two small Gunnes at 30s in seller leantow a little molasses & barrells 5s.................................................................................................................. 01 15 0
______
24 15 0

It 5 swine at three pounds 9 Harrow teeth at Tho : Holms his 19s................................................................................................................................ 3 19 00

24 15 0
______
28 14 00

The home stall of house barne Oarchard & about tenn Acres of Land........................................................................................................................ 100 00 0
The rest of the Land neare the home stall supposed about 100 Acres........................................................................................................................... 50 00
It 100 Acres of Land by the Marsh at lower end of Willcocks pond............................................................................................................................. 25 00 0
It the Meddow about 14 Acres & 30 Acres of upland by it at...................................................................................................................................... 20 00 0
It thee Cows & three foure years ould stears at.......................................................................................................................................................... 18 00 0
It 2 3 years ould stears 4� too stears 3 years ould 3�.................................................................................................................................................. 07 00 0
It A Mare 30s horses in the Woods at five pounds..................................................................................................................................................... 06 10 0
It 3 Chanes hooks & staples a ring for a Copp yoake beetle & 2 Wedgs It one peyre of Cart Wheel hoopes all at............................................................ 02 10 0
_______
229 00 0
28 14 0
_______
257 14 0" (24)

Patience died in Nov. 1683 and the inventory of her estate was made:

"Imprs weareing Cloaths & a greene Coate & wastecoate....................................................................................................................................... 1� 10s 00d
It a Coate & waste Coate 20s her head lining 10s...................................................................................................................................................... 1 10 00
It 2 working steers 8�, one cow and third part of corne & hay in ye barne 3 : 10 : 00................................................................................................. 11 10 00
It one bed at 50s one Mare 1 sow & pigs 2 : 15 : 00................................................................................................................................................ 05 05 00
It one Cow & one 1/2 part of her hay & Corne in ye barne...................................................................................................................................... 03 10 00
It one Calfe a too sows at three pounds five shillings............................................................................................................................................... 03 05 00
It one Tapistrey Covering one pound five............................................................................................................................................................... 01 05 00
It one Cow & 1/2 part of her hay & Corne in the barne........................................................................................................................................... 03 10 00
It one bowlster, one Hamacher [hammock], & a small blankett................................................................................................................................ 02 02 00
It 2 barrows & one small pigg 2 : 05 : 0................................................................................................................................................................. 02 05 00
It Two steeres 6 : 05 : 0, one fowling Mault & a Chest 27s..................................................................................................................................... 07 12 00
It 1 Table Cloath & Napkines 20s 1 pillowbeare & sheet 7s 6d................................................................................................................................. 1 07 6
It 1 peyr gloves & 1000 M of pinns 2s 6d, 2 pewter platters & one spoune 7s 9d one porringer & salt seller 2s 9d........................................................ 0 13 0
It lysborne [Lisbon] dishes & a Cann silke & thred................................................................................................................................................ 00 03 6
It one sheete 10s, one Chest foure shillings 1/2 small things 3s................................................................................................................................. 0 17 00
to one peyre of stileyards [steelyard], an iron pott & pot hookes one spitt one Tramill & thread................................................................................ 01 10 0
It Too pewter dishes 7s 6d, a porringer 15d........................................................................................................................................................... 00 8 9
_______
40 03 9

It Two drinking Cupps, 18d, 2 lysborne [Lisbon] dishes 1 spoone & one butter pott 3s 9d, one blankett 10s one Chest 4s.......................................... 00 19 03
It to several 3s, 2 chaines 1 peyr of Hookes and staple It one Neb ring & staple an ould axe & 2 pillows & tramell 1 : 16 : 0....................................... 01 19 00
It one whitt aprone, one blew aprone, one whitte wastcoat & one blacke Haneitt Chayre, 18s.................................................................................. 00 18 00
It 2 pewter dishes, 1 small bason & a drame Cupp................................................................................................................................................ 00 07 06
It one porringer, one Cadale Cupp 2s 9d, lysborne [Lisbon] dishes 1 spoone, 2s 3d................................................................................................... 0 05 00
It 2 Earthe Juggs, & silke & thread 18d, one Rugg 10s.......................................................................................................................................... 00 11 06
It 1 Chayre Table 4s, pewter dishes & one porringer 8s 9d.................................................................................................................................... 00 12 09
It 1 pewter Cupp one brass skellett 18d, to lysborne [Lisbon] dishes It one spoone, one earthen Jugg 2 basketts & 1 earthen pann 3s 9d..................... 00 05 03
It 1 peece of Cayrsey [Kersey] fflanill & 5 lb of Cotton Woll................................................................................................................................ 00 10 00
It one Chest 4s, 3s in small things, 2 pewter dishes & 1 porringer 8s 9d................................................................................................................. 00 15 09
It 2 small porringers 2 earthen Cupps 18d, to Lysborne [Lisbon] dishes one spoone, one [ ], one earthen pann 3s 9d............................................... 00 05 3
It 1 blankett one Chest, one barrell & in small 3s all............................................................................................................................................. 00 17 00
_______
�08 06 03

It one brass Candlesticke, and Iron Candlesticke, 1 brass scimar [skimmer]............................................................................................................ 00 08 00
It one Iron Morter 3s, one warmeinpan 2 pillows 17s 6d....................................................................................................................................... 01 00 06
It In Cash 2 : 8 : 9............................................................................................................................................................................................. 02 08 09
It To 100 C Acres of upland Neare Willcoxs his bond.......................................................................................................................................... 25 00 00
It halfe ye further Meddow 3� one dripinpann 18d............................................................................................................................................... 03 01 6
It one hide at Daniel Stoons ye shoemakers......................................................................................................................................................... 00 08 0
Cloath at ye weavers the quantity unknown.................
_________
32 06 9" (24)

According to historian John Frost, the Old Fields cemetery of South Berwick originated as Thomas and Patience Spencer's burial plot. Frost believes that two of the three old plots near the woods on the riverbank, in what now appears to be an unmarked grave, hold the remains of Thomas and Patience (Chadbourne) Spencer and other early settlers. (14)