| Name |
Elizabeth* HOWES627, 8G Grandmother |
| Birth |
ca 1643, Yarmouth, Barnstable, MA |
| Death |
bef 1717 Age: 74 |
| Death |
aft 1689 Age: 46 |
| Father |
Thomas* HOWES (1590-1655) |
| Mother |
Mary Mercy (Not BURR)* (ca1640-1695) |
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| Misc. Notes |
Daniel Butler was arrested by marshal George Barlow for entertaining a strange Quaker in his house and for resisting arrest, for which the court sentenced him to be whipped on 13 Jun 1660. At a court of 5 Oct 1663, "Mr. Thomas Hawley complained against William Allen and Daniell Butler... to a damage of £40, with all other damages, for taking away his mare in a violent and royetous maner." The jury found for the plantiff and awarded fifty shillings damages and costs "if the mare and colt delivered to the plaintiffe. otherwise £16." This item is interesting for two reasons: (1) As we have seen, Thomas Butler had appeared on behalf of his son Daniel in the tar case of 5 May 1663. This would imply that Daniel Butler may have reached his majority between the two dates, so that his father was not responsible for the son in Oct 1663. (2) The implication is that the parties concerned did not consider this a case of theft. One wonders whether this mare may not have been one which was taken from the Quakers by the marshall since, if so, the question of maral ownership by Hawley may have been in doubt, which would explain the comparative mildness of the award to the plaintiff, as well as the wording of the entry. William Allen was a leader of the Quaker faction.
With the outbreak of the Pequot War in 1675, Daniel Butler was required to serve in the militia. As aQuaker he could not do so, and was fined £8 as a "deliquent soldier" 10 Mar 1675/6. His brother Obediah then was noted as "absent" and it may be that Daniel Butler also absented himself from Sandwich for a time, as his name does not appear on a 1675 list of Sandwich men. However, he does reappear in the list of 1677. He subscribed to the fund for a new Friends meeting house 1 of 7 mo. 1709, as did his son Obediah. He and his wife Elizabeth, their son Obediah and other relatives signed as witnesses to the marriage of the daughter Dorothy Butler, 23 of 11 mo. 1710, to Joseph Wing (Friends Meeting Records).
Probably he acquired a major share of his father's land in Falmouth by deed of gift, or purchase, and possibly he reared his family in that town, although their births are of record neither at Sandwich nor Falmouth. Fortunately, we find a Plymouth County deed which is helpful: "I, Daniel Butler, Senr., of ffalmouth... yeoman... in considration of the love and goodwill and affection which I have and do bear unto my Loving Son, Obediah Butler of the town of Sandwich... husbandman, as also for other good considerations... do grant... all that my one lott, piece or parcell of upland... adjoining a little Cedar Swamp, in the town of Plymouth, and lyeth near the new way that leads from Sandwich Town to the dwelling house of Jonathan Morey, being by estimate thirty acres and a piece of land, formerly fraunted my Honoured Father Thomas Butler, deceased and derived from Quechassett, Indian Sachem and is bounded on the mosr Easterly side by the Cedar Swamp. and know ye further that John Sepit of ye sd Town of Plymouth, Indian, grandson and heir of the above name Quackassett, Indian Sachem, doth hereby acknowledge the bounds..." Signed by the marks of Daniell Butler and John Sepott. Dated 20 March 1714/5. Witnessed by Benjamin Swift, Ruth Stetson, Nathan Bassett. Acknowledged 25 Mar, entered 30 Mar 1715.648, v127p23 |
| Will |
The will of Daniel Butler, Senr., of Falmouth... "now growing unto years" is dated 10 Sep 1712 and was presented for probated 10 Jan 1717. He gives:
"To my grandson Judah Bulter, only son of Judah Butler my son, deceased, all the land and meadow which I have not sold lying next to Nye's land in Falmouth, afsd., part of which my sd son Judah Butler built a house on and, having the lands formerly of Edmond Freeman, lying on the Southerly side of it, which I give to him, my grandson... and I give to him... one bed and bedding that I bought which was his mother's (provided that my son Daniel Butler does not see cause to keep the bed and bedding which he may do, provided that he five my sd grandson £10 in lieu of them). To my son Obediah Butler... all my upland and meadow ground which I formerly purchased of the Ellis's, it lying and being in the town of Sandwich... and my five parcells of land lying at that [place] called the Herring Pond within the township of Plymouth and all my twenty on Division last layed out in Sandwich afsd, excepting what lies of it within the fence of the house lott on which Obediah now dwells, and also my right and interest in the common or undivided lands in the town of Sandwich after that forty acres is laid out called the Sheep Pasture and I also give unto him... all my household goods that now are and have been commonly used in that dwelling house in which he now dwells in Sandwich... and if it so happens that I do not in my life time sell and dispose of that dwelling house in which sd Obediah now dwells and the lott of land part of which sd house stands upon, that then my will is that the sd Obediah Butler my son shall have the house and lott of land, being all now within fence and uplands... in Falmouth which I purchased of or did belong to Joseph Allen, he the sd Daniell only pay to Shearjashub Bourne of Sandwich so much money as I shall justly owe him at the time of my decease if I shall not live to receive it an pay it myself to them, and also to each of them £5 out of my personal estate..."
He appointed his sons Obediah and Daniel Butler co-executors. Witnessed by Samauel Allen and Nathaniell Otis (Barnstable County Probate, 3:433-4)648, v127p23 |
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