John HAWKES

(1633-1694) - Lynn, Essex co., MA

(Third Generation - Hawkes Family)

FATHER
MOTHER
ADAM HAWKES
ANN BROWN


BIRTH John2 was born on 13 Aug 1633 in Charlestown, Suffolk co., MA[4].
DEATH He died in Lynn, Essex co., MA on 15 Aug 1694; he was 61[1,32].
RESIDENCES & REAL ESTATE TRANSACTIONS John, being the sole surviving natural son of Adam, inherited his father's farm (Hawkes' Farm or Hawkes' Corner) in what is now North Saugus, Essex co., MA. In addition, there are several real estate transactions on file which involve John & Sarah Hawkes:

"Indenture made 10 December 1670 between John Hawkes of Lin yeoman and Robert Beates husbandman with consent of wife for ye value of 22 pounds, a pcell of upland 60 acres bounded southerly upon a small brooke joyning upon ye lands of Abraham Wellman and northeasterly upon Stone's Meddow, butting westerly upon Reedy Meddow, northwesterly upon ye lands of Henry Collins with all the timber, woods, and inroads rights, etc.
Signed John Hawkes
Sarah Hawkes [her mark] Witnesses: John Hathorne Eleaser Hathorne"[43]

"In the estate of John Breed of Lynn, Essex co., MA, part of the land mentioned was '12 acres bought of John Hawkes'..."[44,45]

"John Hawkes of Linn, yeoman of ye one part and John Bread of same town, yeoman and Sarah his wife - piece of land inland laying easterwardly of ye Iron Works containing two acres and 106 poles which is part of the lott was Thomas Arington's on which his dwelling house did stand, which dwelling house did formerly stand upon part of ye above said two acres, the whole lott being bounded northerly with a ten acre lott of J. Breade which he bought of ye said John Hawkes, southerly with ye lott of yt was formerly William Edward's abutting easterly in the swamp called Edward's Swamp with all common liberties and privileges.
Signed John Hawkes
Witnesses: John Bennett William Hawthorne
Dated 17 March 1681[41]"

"Indenture entered January 9, 1687. This indenture made ye 15 September 1681 between John Hawkes of Lynn yeoman and Robert Bates of Lin husbandman, in consideration of 7 pounds and 10 shillings and his now wife sells to Robert Bates two acres fresh meadow situate in Linn lying in a sledge, bounded with ye land of Daniel Eaton westerly and ye land of Goodman Welman easterly abutting southerly upon a little foot path with rock stones in it which parts it and Goodman Welman's meddow, also one hole of fresh meddow in estiation one acre, bounds westerly with the Wigwam River and every way else with ye land of Daniel Eaton.
Witnesses: Andrew Mansfield, Sr. Deborah Mansfield[41]"

OATH OF FREEMANSHIP Smith says that John took the Oath at Salem Court on 18 December 1677. John and his son Moses also took the Oath at Lynn on 26 February 1677. This group was sworn by general court order by Captain Thomas Marshall. In this case, the men were sworn as squadrons of "tithing men and constables". John Hawkes, Moses Hawkes, Francis & Thomas Hutchinson (John Hawkes' step-brothers) were in Thomas Bancroft's squadron[34,35]. Lewis says that "John Hawkes was admitted a freeman in 1634, and died August 5, 1694[5]." Neither seems quite right. In fact, Lewis is clearly wrong. While a "John Hawke" was admitted freeman in Dorchester, Suffolk co., MA on 3 September 1634, it clearly was not this John Hawkes, who would have been just over 1 year old at the time. But 1677 seems awfully late for a man who was clearly a pillar in his community and had already fought in King Philip's War.
TOWN SERVICE John served on the juries of Essex co., MA several times between 1658 and 1664. In 1664, he served on the Jury of Trials. In 1672, he served as a jury man. In 1681, he served on the Grand Jury. He also served as selectman in 1692. All in all, it seems that John was a well-liked and well-respected man in the burgeoning town of Lynn[46].
MILITARY "John Hawcks" became a private for the the Narragansett Fort in 1675 during the King Philip's War[37,38]. In addition, he is called "Major John Hawkes" in the estate of John Pearson, Sr. - in which land which adjoins that of Major John Hawkes is bequeathed to his daughter Mary Burnap on 11 April 1679[39,40,41]. Smith gives the following account of the Lynn company in King Philip's War:

"On December 9, 1675, six companies of foot and one troop of horse were mustered on Dedham Plain under the command of Major Samuel Appleton of Ipswich. The marched to Attleboro, thence to Seekonk, and through Providence to Wickford. After several days scouting, they marched on the 18th to Pettisquamscott and met the Connecticut forces under Major Treat. That night, according to Bodge, the whole army was forced to bivouac in the open air in a driving snow storm during the night as the garrison house there had been burned by the Indians a few days before. Then, with the MA division leading, they marched through rough country and deepening snow, each man carrying his arms and rations until they arrived at the Great Narragansett Swamp where the Indians had gathered in large numbers, built a strong fortification and were awaiting the attack. The scene of the battle was in what is now West Kingston, RI. The Indians had fortified an island of several acres in the midst of a large swamp which however was frozen over. The Indian fort was palisadoed [sic] and nearly impregnable byt the ensuing battle was fierce and the losses many. Carnage was great; the Indians were defeated and this marked the final decisive battle of King Philip's War. When the soldiers mustered on Dedham Plain December 10, 1675, they were promised in the name of the Governor that 'if they played the man, took the fort, and drove the enemy out of the Narragansett country which is their greatest seat, they should have a gratuity of land besides their wages. In spite of their valiant services the soldiers were not repaid and on June 4, 1685, a petition was presented to the General Court, then at Boston. The petition was for the grant of land which had been promised and among the signers from Lynn was John Hawcks. (Bodge, p. 406)”[42]

LEGAL PROCEEDINGS In 1658, John was involved in a civil lawsuit with Mr. Joseph Cooke at Ipswich Quarterly Court for "taking away a young mare, verdict for the defendant." Details as given by Smith: "...Edward Collins affirmed concerning the mare colt in controversy that he believed that the colt Mr. Cooke brought from Isaac Hart (husband of Elizabeth Hutchinson Hart, John Hawkes' step-sister) of Reading was the same that deponent sold him about two years since with its dam. His servants affirmed the same. Dated at Medford, September 26, 1658.

Isaac Hart, age about 40 years, deposed that the colt belonged to John Haucks of Lynn and the latter had given it to said Hart to keep. Dated 29d:1m:1658.

Thomas Hutchinson testified that his father-in-law Adam Haukes gave this colt to his son John Hakes." Sworn in Ipswich Court, 30 March 1658.

At court at Cambridge Mr. Joseph Cooke of Cambridge v. Isaac Hart of Reading, case about a stray colt, verdict for plaintiff. A writ dated 20 March 1658, served by Thomas Hartson, constable who attached the black colt, house, orchard and two acres of land adjoining. Copies of depositions on file in Cambridge Court. John Goold, age 47 years, testified that Isaac Hart came to his house and laid claim to a black mare colt of Solomon Phips of Charlesown which was Mr. Shepards’s Mare. He had seen Hart's mare with Farmer Greene's horses. Mr. Goold's man was Thojmas Gerrish, age 18. John Browne, age 27, testified that Isaac Hart said the colt was in partnership between John Hawkes of Lynn and himself and he bought a half part of his brother John Hawkes that at the end of seven years they were to divide the increase and she was brought to Cambridge and the rest of the horses were left at Goodman Peirson's house which they did before him and his wife and John Dawes. Further witness testified Richard Brush, age 18, servant of the plaintiff testified that his master and John Browne brought the colt from Reading. Samuel Hutchinson, age about 40, testified that he marked John Hawkes&339; colt, etc. Sworn 23d:7m:1658.

Jeffrey Stone, of Cambridge, age about 67, testified about Mr. Cooke claiming a colt he had in pound.

Copy of deposition of Adam Hawkes, age about 50 years, who testified that this was the colt he gave to his son John Hakes. Sworn in Ipswich Court 30d:1m:1658.

Copy of Deposition of Elizabeth Hart, age about 35 years, that both she and her husband knew about the colt her master Cooke had attached.

Copy of deposition of William Eaton, about 54 years and John Eaton, age 22, who testified that they ran a hot pitch fork time through the colt's ear. Sworn 1m:1658 before Edward Johnson, Commissioner of Woburn."[47]

THE HAWKES FAMILY AND THE SAUGUS IRON WORKS Iron ore was discovered early on in Lynn's settlement – ironically, on Adam Hawkes' own land in what is now North Saugus, Essex co., MA -- but was not seriously worked until 1643 when Robert Bridges took some specimens to London and interested investors who formed the "Company of Undertakers for the Iron Works". Eleven investors from the London area advanced £1,000 and Bridges returned to set up the Works. Investors from the Commonwealth included John Winthrop, Jr., son of Governor Winthrop[8].

They purchased land from Thomas Hudson and built the Foundry and Forge on the western bank of the Saugus river. In addition to the "Iron Foundry at Lynn", they established a village for the workers exported to work at the Foundry. In honor of their home in England, the village was named "Hammersmith". In Lewis' time you could still see "large heaps of scoria". Now, the area is a National Park.

The original General Agent for the Works was Richard Leader. The first proprietor was Thomas Hudson (the same man who sold his land for the venture). I have two ancestors brought over to work at the Foundry: Mac Callum More Downing and Samuell Hartt[48].

In 1644, "The Company of Undertakers for the Iron Works" got down to business brass tacks, as it were. On 7 March 1644, they laid out 10 proposals "for the advancement of their designs". Lewis says that the most important of these were granted:
- permission granted to choose and use 6 areas of land, each 3 miles square – as long as their chosen plots of land did not interfere with any previous grants.
- all of their privileges were to continue for 21 years.
- they, their workmen and stock were exempt from public taxes for 10 years.

On 13 November 1644, the Company presented 7 more proposals. The court (in addition to their previous grants) allowed:
- 3 years 'for the perfecting of their worke and furnishing of the country with all sorts of barr iron'
- any inhabitants [of Lynn, I'm assuming]could share in the works by 'bringing in within one year, no less than £100 a person, with allowance to the adventurers, &c, for £1000 already disbursed; if they could finish work on the finery, furnace and forge – although the furnace was 'already set up'.
- "They gave them liberty, in all waste places, 'to make use of all yron ston, or yron oare,' to cut wood, and to make ponds and highways."
- They were granted civil and religious immunity – equal with any in the jurisdiction.
- The court did recommend that the Company provide religious instruction for the families of the workmen.
- The workmen were free from all civil duties, such as watching for Indians and militia drills and training[49].

The love-fest between the General Court and the Iron Works continued in 1645. On 14 May 1645, the General Court concluded that the Iron Works was successful in all its aspects and wanted it to continue past the period of initial investment. This period would expire "ninth month next". The Court wanted to encourage local investment to keep the Works going and so passed an order which stipulated that "all such persons, as are of sufficient ability and intend their own benefit, with the common good will forthwith appear to come in to share in the work, according to their abilities…[T]hey are hereby to understand that there is already disbursed between £1200, and £1500, with which the furnace is built…[T]hey are also to know that no adventurer [investor] is to put in less that £100: but divers may join together to make up that sum: so it come all under one name, there will be need of some £1500 to finish the forge, &c., which will be accepted in money, beaver, wheat, coals, or any such commodities, as will satisfy the workmen…[t]he new adventurers are also to know, that they must bear their part, in such loss, as is befallen the first stock, by forbearance, or otherwise, to the time of the new adventurers paying in their adventures , and all such, as will adventure are desired to hasten their resolutions that the work may go on speedily...[50]"

On 1d:8m:1645, the Company presented another petition to the court. To whit:
1. The "undertakers, their agents and assigns are hereby granted the sole priviliege and benefit of making Iron and managing of all Iron mines and works that now are, or shall be discovered and found out, or hereafter shall be in this jurisdiction, for the term of 21 years from the former grant..."
2. The "undertakers, their agents and assigns" also were granted the right to "have and take" any wood and timber in "all places of waste and lands not appropriated to any town or person" in order to convert it into coal or any other uses. Also, they could have "all manner of earth, stones, turf, clay...", etc. for any conceivable uses they had. They also (and here's the important one, folks!) "have free liberty to make all convenient ways and passages, as also all manner of dams, watercourses, sluices, ponds for water, in all waste grounds, or other conveyances, to, from and for the service of the said works built or to be built not appropriated to any town or person, during such time as the said works shall continue. Provided, if by any pond, sluice, dam, or any other work (though in land appropriated) they should spoil, or any ways prejudice the land appropriated to any town or person the said undertakers shall make due and just satisfaction..."
3. They were also granted "free liberty at all times during the term to dig, get, carry away all manner of stone, or iron ore, and to make and use all convenient ways and sluices, water-courses, pools, dams, ponds for water, and other conveniences, to, from, and for the service of the said works through all the said grounds, that are or hereafter shall be appropriated...giving such due and full recompense for the same to the owners thereof, for the time being, as three indifferent men shall adjudge..."
4. In addition to the land granted them in 1644, they get another 6 parcels of land of their choice (as long as the land is not otherwise owned). These parcels are 3 square miles each and are for setting up 6 more forges "or so many more as they shall have occasion for..."
5. They shall make more iron than "the inhabitants have need or use of..." and be free to sell it locally or export it throughout the colonies and the world. "Provided they sell it not to any person or state in actual hostility with us."
6. They "have and enjoy all liberties and immunities whatsoever, present or to come..." in civil and religious matters within the jurisdiction.
7. They are free from all taxes, etc. for 21 years.
8. Their workers are free from all civic duties. But, "every person [is to] at all times be furnished with arms, powder, shot, etc..."
9. Finally, if there is no church near one of the forges, the Company is to provide religious instruction[51].

In 1646, the trouble between The Iron Works and the Hawkes family began when the Iron Works purchased other land with Thomas Dexter and extended their pond. While the particulars describe a fabulous deal for the ever-intrepid Thomas Dexter, this action flooded three acres of Adam Hawkes' land. In short, the dam was moved further up the river and a small canal was dug from the pond, through the high ground and to the Foundry.

In September 1646, the Company was called upon to answer a letter to the General Court of May 1646, in which it was charged that people in the area could not get iron from the Works, since the Works would insist on payment in money (which was in short supply in this area) and would not take barter[52].

In 1647 and 1648, the Works did well – expanding its works and line.

In 1652, "Mr. Gifford this year increased the height of the dam at the Iron Works, by which ten acres of Mr. Hawkes's [sic] land were flowed; for which he agreed to give 16 loads of hay yearly , and 200 cords of wood. Afterward he agreed to give him £7, 'which ends all, except that 10s. is to be given him yearly.' By this agreement the water was to be so kept 'that it may not ascend the top of the upper floodgates in the pond higher than within a foot and a halfe of the top of the great Rock that lies in the middle of the pond before the gates.'...[53]"

In June 1660, Adam sued Oliver Purchis (as agent for the Iron Company) because water from the Iron Works' dam had once again overflowed his land.
"The deposition of Joseph Jenks, senior, saith, that having conference with adam hawkes about the great dam at the Iron works at Lin, he complayned that he suffered great damage by the water flowing his ground. I answered him, I though you had satisfaction for all from the old companie, he said he had from the old company, and further saith not."
"This, I Charles Phillopes do testifie, that I, keepeing of the watter at the Irone Workes, since Mr. Porchase came there, Mr. Porchas did att all times charges me to keepe the watter Lowe, that it might not damage Mr. Hawkes, which I did, and had much ill will of the workmen for the same."
Others testified that the lands had been much overflowed. Francis Hutchinson said, that the water had been raised so high, that the bridge before Mr. Hawkes' house had severeal times been broken up, and 'the peces of tember raised up and Made Sweme.' Joh Knight and Thomas Wellman were appointed to ascertain the damage. They stated that the corn had been 'Much Spoilled,' and the wells 'sometimes ffloted;' that the English grass had been much damaged, and the tobacco lands much injured, 'in laying them so Coulld.' They judged the damage to be 'the ualloation of ten pounds a yeere.'...[11]"

By 1671, there were many protracted suits against the Company for various reasons and production there was scaled back – due to the lawsuits and lack of ready investment cash[54].

Samuel Appleton, Jr. received the Iron Works in 1677 by a grant in the will of William Payne of Boston. He ran the Works until 1688 and lived in Lynn during this time. On 26 May 1682, Appleton bought the 600-acre village of Hammersmith from the heirs of Major Thomas Savage for £250. In 1688, he sold the whole thing to James Taylor of Boston. The Works soon went out of business[55,56].

THE CUTTING OF THE DAM, MAY, 1682

John Hawkes inherited the problems of having his land abut the Iron Works' water supplies along with the family farm. As a yeoman, his livelihood and family's survival was dependent upon his ability to raise his livestock and crops. Unfortunately, as in his father's time, the flooding from the dam at the Works destroyed both crops and grazing land and impeded his ability to farm. As mentioned before, in 1682, the Iron Works was sold to Samuel Appleton, Jr., and Appleton himself had moved to a homestead downstream from the Hawkes farm. Samuel's father was the same Major Appleton who commanded John Hawkes' regiment in the King Philip’s War. And, as shall be seen later, Major Appleton was now a judge at the Ipswich Quarterly Court. Thus, John and his sons Moses & Adam apparently felt that the law was no longer an avenue for redress and they decided to take matters into their own hands and cut the dam.

Lewis' polite version of this in 1845 reads: "...the grant of freedom with which the company construed the liberal privileges of the court [in part] caused their failure. The owners of the lands which had been injured, commenced several suits against them, and at last hired a person to cut away the flood gates and destroy the works. This was done in the night, when the pond was full. The dam was high, and just below it, on the left, stood the house of Mac Callum More Downing. The water rushed out, and flowed into the house, without disturbing the inhabitants, who were asleep in a chamber. In the morning, Mrs. Downing found a fine live fish flouncing in her oven. The works were much injured, and the depredator fled to Penobscot...[54]"

After reading the proceedings below it seems obvious that John Hawkes did, in fact, instigate the movement to cut the dam. He did not cut it himself, but he did instigate the movement to do so. Mitigating this is the fact that Appleton, himself was not only an arrogant jerk, but could have possibly benefited himself from the cutting of the dam -- since the fencing on his own new property was inadequate and expensive to fix. A dam break would have conveniently destroyed this fencing and he would have had the right to ask for its replacement from the Company or the perpetrators. In addition, Appleton discovered that the newly dried land in the event of a dam break would net him a tidy £200 profit. Now that he owned both the works and the village, he could realize profits from more than just the output of the Iron Works. Also, evidence was presented that the company itself cut the dam. While the Company claimed that the damage ran well over £100, Edward Marshall said that he would have repaired it for 50s., but his offer was turned down. In short, there were no winners in this case and luckily no one was seriously hurt or killed. But it is a rather amusing read.

This action led to the following court proceedings:
Samuel Apleton, Esquire and Samuel Apleton, v. John Hawkes, Sr., and Moses Hawkes; trespass, for that John Hawkes, Sr., was the only plotter, contriver and secret manager of the cutting or breaking og the great dam at Hamersmith or the Iron Works in Lin, by sending his son Adam Hawkes and Joseph Trumbel, his reputed man, who with Moses Hawkes, his son, broke or cut down this dam which belongs to the plaintiffs, about May last, by means of which the water forced through and carried away a considerable part of this dam and undermined the other so that it could not be repaired without excessive charge, if at all, whereby plaintiffs have suffered damage to their land adjoining by being much washed away, gravel cast up by the water, two bridges and much fence carried away, and by the head of water let out, their pasture and corn field were laid down to the common, the corn spoled, the river filled up with soil so that a boat cannot come up as before, requiring them to carry what they have to transport by water a mile further than formerly, and necessitating the making of about 300 rods of fencing about the land which was fenced by the dam; dated March 22, 1682/3; signed by William Cowdrey, for the court; and served by Samuell Tarbox, constable of Lyn[57].

COURT HELD AT SALEM, 26 JUNE 1683
Judges: The Worshipful Nathaniell Saltonstall, Esquire; William Browne, Esquire; John Woodbridg, Esquire; Barth. Gedney, Esquire; Samuell Apleton, Esquire; and Robert Pike, Esquire.

Major Samuell Apleton (yes, the same man who was also a judge on this case) of Ipswich and his son Samuell Apleton of Lynn v. John Haukes, Sr., and Moses Hawkes, his son. Verdict for the defendant. Appealed to the next court of Assistants. Plaintiffs bound, with Mr. Philip Fowler as surety.*

*Writ: Major Samuell Apleton of Ipswich and his son Samuell Apleton of Lynn v. John Hawkes, Sr., and Moses Hawkes, his son, both of Lynn; for contriving, appointing and counseling those who cut the great dam at Lin Iron Works or Hamersmith, and also for sending his son Addam hawkes, with others, said Moses going along with them, who in the night cut or broke down the dam in May, 1682, the damage amounting to ca. three or four hundred pounds; dated Salem, June 19, 1683; signed by Hilliard Veren, for the court and town of Salem; and seved by William Clemmant of Lynn, deputy for Henery Skerry, Marshal of Salem, by attachment of a house, barn, land, four oxen, four cows, five young cattle, two swine, a parcel of shingles, 20 geese, a horse, cart, yoke, plow, chaine, all the corn upon the land of Adam Hawkes, also a horse and sleigh and three cattle of Moses Hawkes, leaving the summons at John Hawkes’ where Moses Hawkes dwells.

DAMAGE ASSESSMENTS
John Haukes' bill of cost, 3li., 3d.

John Jenks, aged 22 years, and William Clements, aged about 24 years testified that they appraised the damage at the dam and found the breach to be six and a half rods in length, 18 feet high and 76 feet broad. The dam was faced with stone on the water side from top to bottom and the damamge was 250li.

The damage by the water that forced through the breach consisted of several acres of land covered with gravel so that the grass cannot grow upon it, two bridges carried away, 40 rods of fence carried away, the boat way filled up, logs carried upon the marsh, all to the value of 45li damage. They measured the fence which must be made by reason of the pond being let out and found 240 rods which must be made a stone wall on account of the difficulty of getting fencing, at a cost of 3s. per rod. Sworn 9 April 1683, before William Browne, assistant.

Richard Haven and Daniell Johnson were desired by John Hauks, Sr. to appraise the damage at the old Iron Works and found 160 rods of fence needed, 12d. damage on the salt marsh by logs and ruts, and that the 160 rods would take in as enough of the pond meadow to pay for fencing it, so that Mr. Samuell Apleton may have benefited by leeting the pond dry. Sworn 6 April 1683, before Bartho. Gedney, assistant.

Oliver Purchase, aged about 66 years, testified that he was a witness to all three breaks at the dam. When the second was made, he went up early in the morning to see it and judged that 200 cartloads of gravel would repair it, etc. Henry Wormwall, aged about 50 years, testified to the same and that he went to see it three days after the break, etc. Edward Marshall, aged about 44 years, testified that he would have repaired it for 50s. Sworn 4 April 1683, before Bartho. Gedney, assistant.

Thomas Savage, aged about 43 years, Ephraim Savage, aged about 38 years and Ebenezer Savage, aged about 23 years, testified that Appleton showed them how the dam was cut and they considered the damage about 100li. Sworn 20 March 1682/3, before Bartho. Gedney, assistant.

Macham Downing testified that when he came by in the early morning the water was running through the break at a great pace and it would have carried away the dam had he not thrown in some rocks until help came. Sworn in court. [Remember, too, that Downing's own home would have been in direct danger from a dam break! Let's say he was highly motivated to save the dam.]

EVIDENCE AGAINST HAWKES
John Burnap, aged about 27 years, testified that Joseph Trumball, Mr. Hawkes' man came up to Reading being sent by his master to get help to cut the dam, and said that his master said he would go himself if he could not get anybody, for although he could not work on account of his leg yet he could serve as a watchman. Those who came from Reding went to Hawkes’ house and he asked them why they did not come the night before as he sat up late waiting for them and that they had begun to cut the dam already. He said it was cut near the old channel and told them how to secure themselves from being surprised, advising them to take a gun and shoot a flash in the pan and if that would not do to charge the gun and bid them stand upon their peril, etc. Sworn 4 April 1683, before William Browne, assistant.

Timothy Willy, aged about 29 years, testified that he was at the house of Mr. John Hawkes a little while before the dam at Lyn was cut the second time and Hawkes told of sending for help to cut it, etc. Sworn 4 April 1683 before William Browne, assistant.

Johnanath Eaten, aged about 27 years, and Nathaniell Cowdry, aged about 21 years, testified that when they came to Hawkes' house that night they were all abed. Hawkes called up his folk and bade his son Moses to come down and open the door and let them in. He gave his sons dirrections as to where was the best place to cut the dam. Hawkes said he had been looking at the dam recently and water courses were cleared and if they did not break it speedily it would be difficult to do it by reason of the water falling. Sworn 23 March 1682/3, before William Browne, assistant.

EVIDENCE FOR HAWKES
John Burnap, aged about 26 years, and Joseph Trumball, aged about 25 years, testified that they cut the dam and that they were alone save the beast that they rode upon and a dog that kept them company. Sworn 16 March 1682/3, before James Russell, assistant.

John Dunten, aged ca. 27 years, testified that he was at the house of Robart Burnap, Jr., when Trumbell asked him to go with him, and he said he knew of none who would go except John Burnap and himself, etc. Sworn 4 April 1683 before William Browne, assistant.

THE ISSUE OF THE BOND
Thomas Marshall of Lynn, aged ca. 67 years, testified that Joseph Trumble brought a bond of £2500 to his house for him to read and the next day Mr. John Hawckes, Sr., brought it with William Clements and James Dugglas, the latter's names appearing as witnesses on the bond, and Mr. Samuell Appleton of Lynn also came. Deponent was about to swear the witnesses when upon asking them if it was their hand, they said they never saw the paper before, and Appleton said the same. While deponent held the paper in his hand considering to whom it belonged, Mr. Appleton snatched it away and refused to give it up. Sworn 6 April 1683, before Bartho. Gedney, assistant.

Joseph Trumball and John Burnap, aged 26 years, testified concerning the bond. Sworn 16 March 1682/3, before James Russell, assistant.

Richard George, Richard Haven and Adam Hawkes, aged about 8 years, testified that the bond was to clear any two persons who would give in testimony as to who cut the great dam, etc. Sworn 19 March 1682/3, before William Browne, assistant.

Joseph Trumball testified as to the bond. Sworn 5 April 1683, before Hum. David, assistant.

EVIDENCE AGAINST APPLETON & THE COMPANY
Entered into court records was the petition and decision of the General Court of 1d:8m:1645, which stipulates that the Company is "...to pay damages if they encroached on any person’s land..."

Richard George, aged about 66 years, testified that Appleton's fence was not sufficient before the break and he had seen cattle and swine go into the cornfield through the fence. Richard Haven, aged about 30 years, testified to the same. Sworn 19 March 1682/3, before William Browne, assistant.

Joseph Trumball, aged about 25 years, testified that the company that cut the dam ordered him to tell them if it was stopped, etc. Moses Hawks, aged 23 years, testified. Sworn 5 April 1683, in Boston, before Hum. Davie, assistant.

Edward Convers, aged about 27 years, testified that last winter coming from Ipswich he fell into the company of Mr. Samuell Apellton of Lyn. He asked him his name and depnent told him it was Converse. Then he asked how their meadows were that had been made by the discontinuance of their mill and deponent said very well. Appleton said the reason he asked was because he had, by the breaking of a dam, a piece of swampy land laid dry, about 200 acres, and some places had borne good grass. He thought it might be a 200 pound benefit to him. Sworn in court.

EVIDENCE FOR THE COMPANY
Mackam Downing, aged about 50 years, testified that he was brought into this country as servant to the owners of the Iron Works, Bex & Co., 32 years ago, and the dam was there then and was used by them as long as the works were run which was about 20 years, etc. Sworn in court. [However, Hawkes' farm predated the Works. Also, the company was not to disturb existing grants and was to pay damages if any of their actions damaged surrounding property.][58]

ESTATE The administration of John's estate was granted to his sons John & Thomas Hawkes on 3 December 1694. It was settled 4 September 1694, between his widow Sarah, daughter Mercy and sons John, Thomas & Ebeneezer. His eldest son Moses Hawkes received the land which his grandfather Adam had willed him. Elizabeth Hawkes (widow of deceased son Adam Hawkes) signed for her son John Hawkes. On 8 April 1695, his widow Sarah turned over the administration of her husband's estate in favor of her sons John & Thomas. Their youngest son Ebeneezer chose for his guardian his half-uncle, Francis Hutchinson[36]. The family came together over the estate and were quite civil about the whole thing:

"This indenture, covenant, and agreement made between the widow and surviving children of Mr. John Hawkes, deceased, one with another respectively with references to the settlement of the estate of lands and moveables that the said Mr. John Hawkes died seized of which settlement according to this indenture we whose names are subscribed do bind ourselves our heirs, execurtors forever by those presents to rest satisfied and contented with never for the future to molest or disturb each other farther than what is here agreed upon but that real and harty love and peace may be maintained between us as suitable to the near relation we stand in one to another, the principal motive in this covenant and indenture.

Impr. Agreed and consented unto that Sarah Hauks our honored mother have for her annual maintenance six pounds in money or whatever else she may have occasion for to her satisfaction to be paid by John and Thomas Hawkes and Ebenezer Hawkes when said Ebenezer has come to the age of 21 years and in the meantime the said John to pay his proportion in the said payment also said widow Sarah Hauks to have the biggest of the lower rooms in the dwelling house where she now resides, together with the bed and bedstead and furniture in which room and improvement of the household stuff and provision for meal and drink, comfortable diet during her abode with her sons in said house to be provided by John Hauks. The consideration of the said six pounds together with the premises the said widow Sarah Hauks doth accept of and well satisfied and contented with.

Item. Agreed and consented unto that Moses Hawkes in consideration of the land willed to him by his grandfather Adam Hawkes and out of the love that he beareth...

[??missing a page??]

...to pay proportions to said Mercy within the compliment of 4 years next ensuing the date of those presents, the said bretheren paying the said sum of money to their sister she doth discharge the share of her father deceased in reference to her claim as her portion and for the true performance of the promises according to all true intents and purposes we above mentioned persons respectively concerned have here unto set our hands and affixed our seals this 4th day of September, Anno Domini, 1694.

Furthermore, it is agreed before signing and sealing and acknowledgement here that John Hawkes and Thomas Hawkes and Francis Hutchinson, guardian for Ebenezer Hawkes, shall pay the just debs of John Hawkes our of their part and portion and the rest to be no ways chargeable for the same. Signed by Sarah Hawkes, who made her mark, Moses, Thomas, John, Thomas, Francis Hutchinson, guardian for Ebenezer Hawkes, Mercy, and Elizabeth Hawkes made her mark as guardian to her son John Hawkes (Elizabeth, the widow of Adam Hawkes, deceased) on 8 April 1694. Witnesses: Hananiah Hutchinson, Penamon Larrabee, Benjamin Hutchinson."[36]

MARRIAGE #1 On 3 June 1658 when John2 was 24, he first married Rebecca MAVERICK, daughter of Moses MAVERICK & Remember ALLERTON, in Lynn, Essex co., MA[1,59,60,61,18,30,62,63,24,64,65,66,67,68].

CHILDREN 7. i. Moses HAWKES Please see his own page.

GENERATION Great-great-great-great-great-great-great (G7) Grandfather
FAMILY NUMBER 936
MARRIAGE #2 On 11 April 1661 when John2 was 27, he second married Sarah CUSHMAN, daughter of Thomas CUSHMAN & Mary ALLERTON, in Lynn, Essex co., MA[1,73,74,75,18,76,77,78,24,59,79,80,81,82].
CHILDREN 8 i. Susannah HAWKES Susannah was born on 29 November 1662 in Lynn, Essex co., MA[96] and died of Scarlet Fever in Lynn, Essex co., MA in November 1675; she was 12[32]. She was one of three Hawkes daughters to die of Scarlet Fever at the end of November 1662.
9 ii. Adam HAWKES Please see his own page.
10 iii. Anna HAWKES Anna was born on 3 May 1666 in Lynn, Essex co., MA[102]. Anna was one of three daughters who died of Scarlet Fever[38] in Lynn, Essex co., MA at the end of November 1675; she was 9[32].
11 iv. John HAWKES John was born in 25d:2m(April):1668 in Lynn, Essex co., MA[103].
12 v. Rebecca HAWKES Rebecca was born in 18d:8m(October):1670 in Lynn, Essex co., MA[104]. Rebecca died of Scarlet Fever[38] in Lynn, Essex co., MA in Nov 1675; she was 5[32].
13 vi. Thomas HAWKES Thomas was born on 18 May 1673 in Lynn, MA[104].
14 vii. Mercy HAWKES Mercy was born on 14 Nov 1675 in Lynn, MA and married Nathaniel GOODHUE of Ipswich.
15 viii. Ebeneezer HAWKES Ebeneezer was born on 7 Sep 1677 in Lynn, MA.





GENERATION Great-great-great-great-great-great-great-great (G8) Grandfather
FAMILY NUMBER 1812
SOURCES 1. Torrey, Charles, New England Marriages Prior to 1700., (Boston: New England Historic and Genealogical Society). [Torrey].

2. Lynn, Essex co., MA Vital Records, [LynnVR], II:497 [Court Record].

3. Smith, Ethel Farrington, comp., Adam Hawkes of Saugus, Mass. 1605-1672., (Baltimore: Gateway Press, 1980), [Hawkes (1980)], [Parish Records].

4. Ibid.

5. Lewis, Alonzo, The History of Lynn, Including Nahant, (Boston: Samuel N. Dickinson, second edition, 1844), [LynnHist(1844)], 65.

6. Anderson, Robert Charles, George F. Sanborn, Jr. and Melinde Lutz Sanborn, The Great Migration: Immigrants to New England 1634-1635., (New England Historic Genealogical Society), [GreatMig1634-1635], II:139.

0. The Probate Records of Essex County, [Essex Prob], II:254-255.

8. [LynnHist(1844)], 120-121.

9. Ibid. 133.

10. Ibid. 138.

11. Ibid. 148-149.

12. Jameson, Ephriam Orcutt, The Cogswells in America: 1635-1884, ([Boston: A. Mudge & Son], 1884), [Cogswell], 9.

13. The American Genealogist, [TAG], 21:168.

14. Essex Institute Historical Collections, vol. 1+, (Salem, Mass., 1859+), [EIHC], 24:161+.

15. Lord, A. Roberts, Holbrook and Allied Families, (New York: Thesis Publ. Co., 1942), [Holbrook Anc. (1942)], 47.

16. Jacobus, Donald Lines, The Granberry Family and Allied Families, (Hartford, Conn.: E. F. Waterman, 1945), [Granberry], 200,249.

17. Wyman, Thomas Bellows, The Genealogies and Estates of Charlestown, 2 vols., (Boston: D. Clapp and Son, 1879), [Charlestown], 482.

18. Lewis, Alonzo, & James Newhall, History of Lynn, Essex County, Mass., including Lynnfield, Saugus, Swampscot, and Nahant, 16219-[1893], (Lynn: George C. Herbert, [1890]), [Lynn Hist.], 121.

19.Davis, Fellowes Genealogical Statistics and Notes, (n.p., 1915), [Fellowes-Davis Anc.], 89.

20. Leonard, Clarence Ettienne, The Fulton-Hayden-Warner Ancestry in America, (New York: T. A. Wright, 1923), [Fulton Anc.], 119.

21. Hart, James M. Genealogical History of Samuel Hartt from London, England, to Lynn, Mass., 1640 and Descendants, to 1903, Nicholas Hart, from London to Taunton, Mass., 1642, at Boston, Mass., 1643, and Warwick, R.I., 1648, and Descendants, Isaac Hart from Scratby, England, to Watertown, Mass., 1636, Later of Reading, Mass., and Several Short Lines and Their Descendants up to 1903 (Pasadena, Calif.:[Rumford Printing Co., 1903]) [Hart (1903)] 237.

22. Underhill, Lora Altine, Descendants of Edward Small of New England, and the Allied Families, (Cambridge: Riverside Press, 1910), [Small], 2:556,558.

23. The Essex Antiquarian, (13 vols.)(n.p., 1897-1909), [EssexAnt], 12:128; 13:30.

24. Tingley, Raymon Meyers, Some Ancestral Lines; Being a Record of Some of the Ancestors of Guilford: Solon Tingley and His Wife, Martha Pamelia Meyers, Collected by Their Son, Raymon Meyers Tingley, (Rutland, Vt.: The Tuttle Publishing Co., 1935), [Tingley-Meyers], 235.

25. The Mayflower Descendant, vols. 1-34, Bowman, George Ernest, ed., (Boston: Mayflower Society, 1899-1937), [MD], 17:224.

26. Andrews, Henry Franklin, The Hamlin Family: (1639 to 1902) A Genealogy of James Hamlin of Barnstable, Mass., Eldest Som of James Hamlin, the Immigrant, Who Came from London, England, and Settled in Barnstable, 1639, 2 vols., (Exira, Iowa: privately printed, 1902), [Hamlin], 475.

27. New England Historic and Genealogical Register. Vols. 1+, (Boston: New England Historic and Genealogical Register, 1845+), [NEHGR], 131:124.

28. [Hamlin], 151.

29. [Granberry], 249.

30. Patterson, Bradley Hawkes, Adam Hawkes 1608-1672, His Life and Times, ([Leesburg, VA: Loudoun Times Publ. Co., 1957]), [Hawkes], 2.

31. Pope, Chas. H. and Thos. Hooper, Hooper Genealogy, (Boston, MA: Charles H. Pope, 1908), [Hooper], 4.

32. [LynnVR], II:499.

33. [Hawkes (1980)], 31.

34. Essex Quarterly Court Files, [EQCF], I-VIII.

35. [Hawkes (1980)], 33-34.

36. [Essex Prob], #12920 & #12911.

37. [Hawkes (1980)], 46-48.

38. Bodge, George Madison, Soldiers in King Philip's War, (1896), [Bodge], 406.

39. [Hawkes (1980)], 34.

40. [Essex Prob], II:426.

41. [EIHC], 56:279.

42. [Hawkes (1980)], 37.

43. Ibid. 34-35.

44. Ibid. 36.

45. Ipswich Quarterly Court Records, [IQCR], 24d:7m:1678.

46. [Hawkes (1980)], 36-37.

47. Ibid. 33.

48. Ibid. 32-33.

49. [LynnHist(1844)], 121.

50. Ibid. 123-124.

51. Ibid. 124-125.

52. Ibid. 127-129.

53. Ibid. 130-131.

54. Ibid. 138-139.

55. Ibid. 154.

56. [Hawkes (1980)], 41.

57. [LynnHist(1844)], 167.

58. [Hawkes (1980)], 38.

59. Ibid. 38-45.

60. Sumner, Edith Bartlett, Descendants of Thomas Farr of Harpswell, Maine and Ninety Allied Families, (Los Angeles: American Offset Printers, 1959), [Farr Anc.], 200.

61. [NEHGR], 8:270; 69:156; 92:359.

62. [MD], 5:132; 17:222-223.

63. [Cogswell], 49.

64. [Small], 556,678.

65. [EIHC], 24:167; 40:213.

66. Titcomb, Sarah Elizabeth, Early New England People: Some Account of the Ellis, Pemberton, Willard, Prescott, Titcomb, Sewall and Longfellow, and Allied Families, (Boston: W.B. Clarke & Caruth, 1882), [Titcomb], 253.

67. Fish Frances Webster, Ancestry of Frances Webster Fish, (Oakland, CA: 1923), typescript, [FishAnc].

68. Holman, Mary Lovering, The Scott Genealogy, (Boston, MA: 1919), [Scott (1919)], 188.

69. [LynnVR], II:174 [Court Record].

70. Salem, Essex co., MA Vital Records. [SalemVR], II:67 [C.R. 1].

71. Families of The Pilgrims, (Boston: MA Society of Mayflower Descendants), [FamPil], 35.

72. [LynnVR], II:497 [Court Record].

73. Ibid.

74. [Cogswell], 50.

75. [NEHGR], 169:156; 72:12; 96:359.

76. [MD], 4:39; 17:224,228.

77. Farwell, John Dennis, Jane Harter Abbott, and Lillian M. Wilson, The Farwell Family, A History of Henry Farwell and His Wife Olive (Welby) Farwell of Boston, England, and of Concord and Chelmsford, Mass., 1605 to 1927, with Twelve Generations of Their Descendants; Also Many Lineages of Allied Families, 2 vols., (Rutland, Vt.: F.H. Farwell, 1929), [Farwell(1929)], 437.

78. Savage, James A., A Genealogical Dictionary of the First Settlers of New England, 1860-1862., (Boston 1860-1862; rpt Baltimore 1955), [Savage], 1:492

79. [Small], 2:356,678.

80. [Riggs, Henry Earle-prob.], The American Ancestors of Margaret Esther Bouton Thom and John Thom, ([Ann Arbor, MI: Edwards Bros., Inc., 1944]), [ThomAncChart], 133.

81. Cushman, Henry Wyles, A Historical and Biographical Genealogy of the Cushmans, the Descendants of Robert Cushman the Puritan from the Year 1617 to 1855, (Boston: Little, Brown & Co., 18553, [Cushman].

82. The Genealogical Advertiser, vols., 1-4, (1898-1901, reprint 4 in 1, Baltimore: Genealogical Publ. Co., 1974), [GenAdv], 2:106.

83. [LynnVR], II:174.

84. [FamPil].

85. [Cogswell], 8.

86. Ipswich, Essex co., MA Vital Records. [IVR], 2:530 (P.R. 8).

87. [GreatMig1634-1635], II:138.

88. Records and Files of the Quarterly Courts of Essex County, Massachusetts, 1636-1686, 9 volumes, (Salem 1911-1975), [EQC], 6:277.

89. [LynnVR], I:180.

90. [Cogswell], 30,49,50.

91. [MD], 17:224,232.

92. [Small], 564.

93. [NEHGR], 69:156.

94. [LynnVR], II:177.

95. [EIHC], VI:220.

96. [Cogswell], 30,49.

97. [LynnVR], I:184 [P.R. 4 & Ct. R.].

98. Ibid. I:181 [P.R. 4 & Ct. R.].

99. [Charlestown], 482,770.

100. Farwell, John Dennis, Jane Harter Abbott, and Lillian M. Wilson, The Farwell Family, A History of Henry Farwell and His Wife Olive (Welby) Farwell of Boston, England, and of Concord and Chelmsford, Mass., 1605 to 1927, with Twelve Generations of Their Descendants; Also Many Lineages of Allied Families, 2 vols., (Rutland, Vt.: F.H. Farwell, 1929), [Farwell(1929)], 472.

101. [Small], 2:564.

102. [MD], 17:22.

103. [LynnVR], I:181 [P.R. 4 & Ct. R.].

104. Ibid. I:182 [P.R. 4 & Ct. R.].

105. Ibid. I:180 [P.R. 4 & Ct. R.].

106. Ibid. I:185.

107. Ibid. I:184.

108. Ibid. [Zaccheus Collins Diary - P.R. 5].

109. Ibid. II:2176.

110. Ibid. II:498.

111. Salem, Essex co., MA Vital Records. [SalemVR], IV:464.

112. Ibid. II:421 [Court Record].

113. [LynnVR], II:497 [C.R. 2 - Lynnfield 1st Congregational Church Records].

114. Ibid. I:183.

115. Ibid. I:182.

116. Ibid. II:182 [Intention and P.R. 6].

117. Ibid. II:175.

118. Ibid. I:181.

119. Lynnfield, Essex co., MA Vital Records, [LynnfieldVR], page 80.




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