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Re: The origin of Thomas Newberry in clarity (cont.)
Posted by: Justin Maitland (ID *****7833) Date: May 17, 2011 at 16:39:32
In Reply to: The origin of Thomas Newberry in clarity by Justin Maitland of 1401

The Ancestors and Descendants of Thomas Newberry of Dorchester, Norfolk, Massachusetts, Author: Bartlett, Joseph Gardner, Publication: Private by J. Gardner Bartlett, Boston MA 1914.

According to pages 23-24, Thomas Newberry evidently obtained an excellent education for his times, as in the next mention that has been found of him (the suit in chancery in 1623 of William Councell vs. Richard Newberye, Gent., his father, account of which has been given on page 23), it appears that Thomas Newberry had engaged in legal study in London, during several terms of the Court of Chancery. (Chancery Proceedings, Series 2, 342-65.)

pp. 37-39: At a General Court held 4 Mar. 1634/5, “a hundred acres of upland ground & an hundred acres of meadowe ground [were] graunted to Mr. Thomas Newberry, lyeing nexte to the lands of Mr. Israell Stoughton, about 8 or 9 myles upp Naponsett Ryver, on the north side of the side of the said ryvr, to enjoy to him & his hieres for ever.” (Records of Massachusetts, printed vol. 1, p. 141.) This grant in the wilderness was located in the present town of Walpole, Mass,; but apparently it was never actually surveyed and laid out to Mr. Newberry, as over twenty-five years after his decease his heirs unsuccessfully sought to claim it, as appears by the appended memorial:
“To ye honord genll Court now assembled at Boston this 7th of the 3d month 1662. The humble petition of Beniamin Nubery, Daniell Clarke and Sarah Woolcot the wife of Henry Woolcott now in England all of us in Windsor on Conecticut humbly sheweth.
That yor Petitioners the true and Lawful heirs to Mr. Thomas Nubery once of Dorechester (as hath bin legally and fully Evinced at ye Last County Court held at New Towne unto Mr. Tho: Nubery of a certaine Tract of Land viz one hundred Acres of Meadow, and one hundred Acres of Upland 8 or 9 Miles from Dorchester called then the ffresh Marses at ye wch place was Granted unto Mr. Israell Stoughton a Tract of Meadow Land as ye Records doe declare, next unto wch meadow of Mr. Stoughtons the Land of or father Mr. Thomas Nubery was to be, and we alsoe und’standing that these forementioned Grants haue not as yet bene in an orderly way by the Courts appointment bounded and measured to ye Grantees, Through possession hath bene taken and improuement made by each partie both by Mr. Israell Stoughton and Mr. Thomas Nuberie at ye said Marsh to wch ye Grants aforesaid doe refer, And whereas nothing doth or as we know of did euer yet appeare to disable or Title and intrest in ye said Lands granted unto or ffather Mr. Thomas Nubery, either by virtue of any Court act in disposeing the said Lands to any other person or persons or by any Just and Legall conveyance made by the Grantee or ffathe or any other interested in ye said Lands, Or humble request to this Honord Court is that you would be pleased to take or case into yor prudent and pious consideration. That there may be some appointed by this Honrd Court to lay out and Bound according to ye orders of this Colony That Land to us the Hieress of Mr. Thomas Nubery according to ye Grant fore cited, Be pleased we beseech you to consider or father died long since any of his Children came of Age to act on their owne behalf and in their minority were Transported to Connecticut and that in that respect in a great discapacity to acquaint orselves wth severall affairs respectiong or fathers Lands and other estate lying in this Colony of ye Massachusetts, and perticulerly respecting this Land Grandted to or father til of late withing ffew weeks some of us not knowing or being informed thereof, Otherwise we should have more seasonably repaired wth or humble Address unto this Honord Court whose Wisdom Piety and Justice (we doubt not) would have exited then to pitty and in a Just and Righteous way to relieve the Orphans of him who in his time and according to his measure and ability was ready to doe good in his Generation as many yet suruiueing better know then orselves, Wee beseech you let not the unseasonable presentation of or Case in this or petition be an impediment to or acceptance being hereunto directed by ye Worll Magestrats at ye late County Court, which doth administer some hope to us of Audience and Acceptance and of ye answer of or Petition by this Honord Assembly, The Which will engage yor Petitions to an humble and Thankfull acknowledgement of yor Bounty to them who shall incessantly pray, That ye wisdom of God may be in you to Guide and direct you in all or Affaires.

Daniell Clark in behalf of ye rest nominated.

13: 3d: 1662
For Ansr to this petition there being only A recital of Grants & Courts proceedings And no Records, wee Conceive it not Capable of resolucon.
Richard Russell
Joseph Hills
Edward Tyng

15:3d:1662
Since the Above sayd of ours: the Grant hath been produced; the Case Examined & Evidence Considered, whereby wee find Some Testimonie of A Sale of the Sayd land & some probabilities of payments thereupon & therefore Conceive not ground to Grant this peticon, for laying out the lands menconed, but if Satisfaccon be not made According to Agreeement the peticoners & whom els it may Concerne may recover Satisfaccon with just damages
Richard Russell
Joseph Hills
Edward Tyng

The Deput.s approve of the returne of the Committee in answer to this pet wth reference to the Consent of or Honred magists hereto----
William Torrey Cleric

Consented: by the Magis’s
Edw. Rawson Secret.

(Massachusetts Archives, vol. 15 B. p. 166).

This will take you to the information that will tell you which famous people descend from Thomas Newberry: http://wc.rootsweb.ancestry.com/cgi-bin/igm.cgi?op=GET&db=glencoe&id=I4539

If you think about it, Thomas Newberry has a brother named Gentlemen Robert Newberry of Yarcombe, Devonshire Co., England. They are tied together so if Thomas' parentage is in debate so is Robert's.

The truth will always come out.


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