Richard Kirby (abt. 1603 - 1688)

Born about 1603 in Rowington, Warwickshire, England

Ancestors

Husband of Elizabeth (Hopkins) Kirby — married 5 Dec 1662 in Sandwich, Barnstable, Massachusetts Bay Colony [uncertain]

Descendants

Died 21 Jul 1688 at about age 85 in Oyster Bay, Queens, New York

Problems/Questions Profile managers: Randy Seaver [send private message] and Puritan Great Migration Project WikiTree [send private message]

Richard Kirby migrated to New England during the Puritan Great Migration (1621-1640). (See The Directory, by R. C. Anderson, p. 196) Join: Puritan Great Migration Project Discuss: pgm

Biography

Origins

Richard Kirby’s parentage and English home are documented by correspondence between Francis Kirby (Richard’s uncle) and Governor Winthrop and from Hertfordshire wills that Richard was the son of John and Martha (Ward) of Little Munden, Hertfordshire, and grandson of widow Joan Kirby of the same town. Joan’s will, written 29 October 1640, mentions grandson, Richard Kirby, and son, Francis. Francis’ will of 24 July 1660 mentions deceased brother John. John’s will of 23 April 1628 (proved 7 July 1628) mentions son Richard and names his brother, Francis, as executor. ^[1]

Arrival in the Colonies

A Richard Kirbie, aged 32, came to America on the "Assurance," sailing from Gravesend, England, on 24 July 1635, George Pewsie Master. However, Carl Boyer states that it is unlikely that this was the Richard Kirby of Lynn, Sandwich, Dartmouth and Oyster Bay.^[2] This leaves his, and his families, date of arrival in the Colonies unknown although son Richard is known to have been born 1633 in Warwickshire.

In 1637, Richard Kirby joined William Wood and others from Lynn who moved to Cape Cod to begin the settlement of Sandwich and was one of the first eleven male members of the church there.

First Wife Jane, the Twins and son Richard

In February 1650, Richard’s wife, Jane, gave birth to twins, Increase and probably Abigail. Abigail was buried 29 February; the mother was buried 23 March, and Increase 24 March of the same year.^[3] The record is worded in a way as to make it seem that a son, Richard, was buried with the mother; but the son, Richard, was much older. Probably the inclusion of Richard’s name was meant to refer to the husband and father of the deceased.

Quaker Sympathizers

Both Richards, father and son, openly showed their disapproval of the Puritan Church. On 3 February 1657, a complaint was entered that Nicolas Upsiall and Richard Kerbey and the wife of John Newland and others did frequently meet together at the house of William Allen of Sandwich on the Lord’s Day and at other times, "att which meetings they vsed to invey against minnesters and majestrates to the dishonor of God and contempt of goument."^[4] A few months later, Quaker preachers from England visited Sandwich for the first time and gained many followers. There is no record that Richard and his son joined the Quakers but they were severely punished for being sympathizers. (See Fines, Misc Property & Court Records below).

Leaving Sandwich for Dartmouth and Long Island

By 1662, the Kirbys and Richard’s son-in-law, Matthew Allen, who had suffered equal indignities and for the same reason, decided to leave Sandwich for on 5 December 1662, "Richard Kerbey senr of the Towne of Sandwich... Planter" for 25 pounds bought of Nathaniel Warren of Plymouth a half share of land in Acushnet in Dartmouth. ^[5] There is almost nothing in public records about Richard for the next decade. When Richard left Dartmouth is uncertain. The first positively known evidence of Richard Kirby being on Long Island is that on 3 June 1672, he and William Thornycraft bought of Thomas Townsend of Oyster Bay jointly 26 acres of land ^[6]. Richard had followed a significant number of families who had been at Lynn, then Sandwich, and eventually moved to Long Island. In 1673, both were of Oyster Bay when they took the oath of allegiance, Kirby signing by his mark, Thornycraft signing as William Krafft, and their two names standing side by side ^[7]. On 21 November 1675, Kirby and Thornycraft sold to John Frost "for a bill of debt" the land they had bought in 1672, both being then of Musketo Cove.^[8].

Littleworth Plantation

It was probably after this, though the date is unknown, that Richard Kirby joined with Jacob Broking, George Downing and Robert Godfrey in buying a tract of land, known later as Littleworth Plantation, directly from the Indians. It was a purchase that led to a great deal of trouble which took many years to resolve. However Richard Kirby prospered in his Plantation home. When the tax list was made out for Oyster Bay in September of 1683, there were seventy-nine taxable estates. Of those taxed, twelve had a higher evaluation than Kirby; sixty-one a lower valuation; and five, one just equal to his. The highest rating was 220 pounds; the lowest, 18 pounds; Kirby’s was 90 pounds.^[9] Though now a man of eighty years, Kirby continued to acquire land including meadow lands on Hempstead Harbor.

Additional Wives

Richard Kirby spent time in newly established communities where complete records may not have been kept or have not come down to us. There is considerable uncertainty about his later wife or wives. The subject has consumed considerable space in numerous genealogical texts. The first reference to any such marriage is found in an exchange of letters between Richard Kirby and William and Thomas Hopkins of Providence in the Fall of 1684. The letters are recorded in Oyster Bay town records^[10], and are well summarized in Austin’s Genealogical Dictionary ^[11]

In particular, it is believed that we do not know the mother of Richard’s son Thomas and that he was born to a wife we do not know between first wife Jane’s death in 1650 and the marriage to Elizabeth perhaps in 1669 but most likely after 1674.

Will, Death, Estate & Separate Families

Richard Kirby wrote his will at Oyster Bay, 27 October 1688, and it was proved 10 January 1689; so that he must have died between those two dates.^[12]

The will reads:

"In the name of God and country, in the fourth year of his Maj, reigns James the second by the grace of God, King of England, Scotland, France and Ireland, defender of the faith and country. I, Richard Curby, being weake of body but of sound and perfect memory, do make and ordain this my last will and testament in manner and form following: First, I bequeath my body to the earth out of which it was taken, and my soul into the hands of God that gave it to my two sons, Thomas and William, all my lands and meadows with housing and fruit trees to be equally divided between them which lands above mentioned I give to my two sons and their heirs for ever and it is my will that if any one of my sons dye without issue that then his surviving brother. Also, my will is that my wife, Elizabeth Curby, shall possess and enjoy this place and homestead on which I live with the housing and fruit trees. Also, it is my will that my wife shall have my swamp or meadow which lyes by the street with a piece of meadow and upland lying on the east side of the creek before my door and also ten acres of land in the next division during her widowhood.

"Item I give to my two daughters, Elizabeth and Mary, all my movables which shall be equally devided between them only I give to my wife’s son, Ichabod, my mare and one yearling heifer which is of brendled colour.

"Item I give to my wifes daughter, Anne, on yearling heifer.

"Item I also do constitute and appoint my loving wife, Elizabeth Curby, to be my executrix and she shall first pay all my debts out of my movable estate and then the remainder shall be devided as before is expressed but if either of my two daughters do happen to dye without issue it is my will that the surviving sister shall have her part of the movables to as a testimony that it is my last will I sett to my hand and seal the twenty-seventh day of October 1688.

"Item I do appoint James Townsend and Job Wright as overseers to see this my will performed.

"In the presence of us "R" Richard Curby (His Mark)
George Deane (His Mark),
John Davis,
Job Wright,
James Townsend"

"Bee it know by these presents that I, Richard Curby, of Littleworth mentioned on the other side of this my will do upon further consideration give to my wifes son, Ichabod, in lieu of the yearling heifer which by me was given to him as by my will on the other side may appear two cows which two cows shall be delivered unto him when he, the said Ichabod, shall or doth attain the age of twenty-one years old he being or remaining with his mother and performing the duty of a child to his mother by managing her affairs until he doth attain the age above mentioned and in testimony that this is my act and deed. I have hereunto set my hand this 29th day of October 1688.
"R" Richard Curby (His Mark)"

It appears that Richard may have kept his two families, the Dartmouth one and the Littleworth one, out of contact with each other, although it would seem each must have known about the other. His will makes no mention of his first wife’s children, and they did not know he left a will since they speak of their father’s having died intestate.

He did provide well for the children of Jane, as is apparent from a document signed by them in 1707, nineteen years after his death, which on 21 July 1722, thirty-four years after his death, they asked to have entered in the public records (recorded 22 October 1722^[13]). It reads:

"To all People to whom these Presents Shall Come, Greeting &c:- Whereas Richard Kerby, formerly of Dartmouth in the County of Bristoll in the Colony of New Plimouth in New England, somtime more than Ninteen years since he Died Intestate, and Left some personal estate undisposed of, he having before his Death given and disposed of His Lands unto his two sons, (viz.) to his son, Richard Kerby, now of Dartmouth, aforesaid, one Quarter of a share of Lands throughout the s-d town of Dartmouth, both divided and undivided and one other Quarter of a Share unto his other son, Recompence Kerby then of Dartmouth aforsaid, and Which was enjoyed and Possesed by his s-d Sons somtime before and att the time of his Death of the said Richard Kerby, their Deceased Father. Now know ye therefore that we, Richard Kerby, the Son of said Deceased, and Sarah Allen and Ruhamah Smith, both of Dartmouth, widdows, and both daughters of s-d Deceased, together with the said Recompence Kerby, our brother, then of s-d Dartmouth, and Jane Lounders, our Sister, then of Sandwich, in the County of Barnstable, now Deceased, did all mutually agree unto and divided the Personall Estate of our s-d Deceased Father after his Death to and amongst ourselves, agreeing & Concluding y-t the said Richard Kerby and Recompense Kerby, our two Brothers, aforsaid should have & Injoy the Lands aforsaid to them their heirs & assignes forever, which s-d agreement & Settlement of the s-d Estate of our s-d Deceased Father, we the s-d Richard Kerby, the Son, and Sarah Allen and Ruhamah Smith, the daughters now surviving of the s-d Richard Kerby, Doe hereby further Ratify and Confirm for us & every of us by these Presents, and for our heirs, Executors & Administrators & Each of them forever. In Testimony whereof we the s-d Richard Kerby, the Son, and Sarah Allen and Ruhamah Smith the Daughters, of s-d Deceased, hereunto Sett our hands & seals this twenty one day of July in the Sixth year of Her Majesty?s Reign, Anno Dommini 1707.
"In Presence of Richard Kerbey (his mark) (seal)
Henery Howland,
Samuel Marehu (His Mark), Sarah Allen (her mark) (seal)

The grandchildren of Richard Kirby by Jane (Kirby) Lounder also presented an instrument to the Court on 9 October 1707 naming the children of Jane Lounder and their satisfaction with the estate left by their grandfather, Richard Kirby, to their mother and her heirs. Tabitha Wait, Deborah Leanders, Sarah Leanders, and Joseph Leanders signed the instrument (recorded 9 October 1722^[14]).

Ruhanith Smith, a daughter of Richard Kirby, also signed an instrument on 2 August 1707 stating she was satisfied with portion she received from her father's estate (recorded 9 October 1722 ^[15]).

Fines, Misc Property & Court Records

1638 On 4 December 1638, Kirby was one of six Sandwich men fined for being defective in arms.^[16]; and in the same year, was fined for leaving his swine unringed.

1640 On 16 April 1640, he was given four acres in the division of meadow land.

1643 He is on the list of those who in 1643 were able to bear arms, and - probably on 15 January 1644 - was among those who took the oath of fidelity.

1644 On 20 August 1644, his wife was one of several summoned to give evidence in a case involving John Ellis and his wife.

1651 On 7 October 1651, Richard, Sr., was one of many Sandwich people called to court for not attending the regular church services.^[17]They were questioned about "thire deriding vild speeches of and conserning God’s word and ordinances," and had to give bonds for appearance at the next court session, at which session on 2 March 1652 Kirby and Ralph Allen, Sr., were fined five pounds each for their "vild speeches".^[18]

1655 On 4 October 1655, it was noted at court that three men, Hide, Kerbey, and Hall, had not paid their indebtedness, amounting now to 30 pounds, 2 shillings.^[19]

1659 On 14 September 1659, they lost in fines: 8 kine, (one having a bell about her neck as the leading cow for the rest of the cattle) 2 oxen, 1 calf, 2 steers, 3 bushels of corn, another steer and calf In all, the value was 57 pounds, 12 shillings. All this in one day. ^[20]

1660 On 11 August 1660, father and son were fined again for being at Quaker meetings, ^[21] and on 2 October 1660, fined again for the same offense. ^[22] On 5 February 1660/61, they with eight others were summoned to answer for their tumultuous carriages against the marshall and constable who had tried to arrest visiting Quaker preachers. ^[23]

1670 In November 1670, a Richard Kirby purchased one-half of Thomas Molton's share of land in Dartmouth from Sarah Warren. In 1683, a Richard Kirby purchased land at a place called Nasquamskiesett on the east side of the Cocksett River in Dartmouth from Zachariah Jenkins. It is not known if these transactions were those of the senior of junior Richard Kirby.

1675 On 21 November 1675, Kirby and Thornycraft sold to John Frost "for a bill of debt" the land they had bought in 1672, both being then of Musketo Cove. ^[24]

1678 A list of the freeholders of Oyster Bay with rights in Unkawaye Neck, dated 10 March 1678, includes the names of Richard Cirby, William Thurnycraft, Robartt Gofree, Jacob Brokins and georg downing - the latter four the ones with whom Kirby was most frequently associated. ^[25] On 21 January 1679/80, he and Brokins and Downing sold these rights, and in 1681 Godfrey sold his, in each case to Thomas Townsend. ^[26]

1681 On 24 September 1681, twenty-eight men of Oyster Bay joined with men of Huntington and Hempstead in protesting the infringement of certain of their privileges. Among the twenty-eight was Richard Kirby. ^[27]

1683 That the owners of Littleworth Plantation did not get their ownership recognized without payment of money is evidenced by a receipt signed by Nicholas Simpkin on 31 January 1683, stating that he had "Reseaved of Richard Cirby ye full sum of ten pounds marchants payee, being ye sayd Richards full proportion of payement for his lands bought of us ye five proprietors of muscheda cove, which lands is now called by ye name of litellworth.” ^[28]

1684 On 1 July 1684, the Indians for 6 pounds sold meadow land on Hempstead Harbor to Robert Coles of Musckedacove; and on 7 March 1684/85, Coles deeded the same to Georg downing and Richard Cerby. ^[29]

1686 On 9 January 1685/86, he joined with a group in purchasing more land of the Indians. In the list of buyers, the name Richard Kirbie stands between Robert Coles and William Thornecraft. ^[30]

(Return to Biography)

Sources

1. ↑ NEHGR XXXV:369-375
2. ↑ Boyer III, Carl, Ancestral Lines, 3rd Ed, Santa Clarita, 1998
3. ↑ Records of the Colony of New Plymouth, White, Boston, 1855-61, 8:327
4. ↑ Records of the Colony of New Plymouth, White, Boston, 1855-61, 3:111
5. ↑ Plymouth Colony Deeds, 3:16
6. ↑ Oyster Bay Town Records I:70
7. ↑ Oyster Bay Town Records 2:697
8. ↑ Oyster Bay Town Records I:93
9. ↑ Various Editors, Documents Relative to the Colonial History of New York, Weed, Parsons & Co., Albany, 1855, 2:306
10. ↑ Oyster Bay Town Records 1:289, 205-06
11. ↑ Austin, John Osborne, Genealogical Dictionary of Rhode Island, 1887, p 324
12. ↑ Liber A, p.35 in Town Clerk’s Office, Jamaica, Queens, New York.
13. ↑ Bristol County (Massachusetts) Probate Records, Volume 4, Page 119, on FHL MIcrofilm 0,461,882
14. ↑ Bristol County (Massachusetts) Probate Records, Volume 4, Page 120, on FHL Microfilm 0,461,882
15. ↑ Bristol County (Massachusetts) Probate Records, Volume 4, Page 120, on FHL Microfilm 0,461,882
16. ↑ Records of the Colony of New Plymouth, White, Boston, 1855-61, 1:107
17. ↑ Records of the Colony of New Plymouth, White, Boston, 1855-61, 2:172-73
18. ↑ Records of the Colony of New Plymouth, White, Boston, 1855-61, 3:4
19. ↑ Records of the Colony of New Plymouth, White, Boston, 1855-61, 3:93
20. ↑ Bishop, George, New England Judged, Sowle, London, 1703, p 146
21. ↑ Records of the Colony of New Plymouth, White, Boston, 1855-61, 8:103
22. ↑ Records of the Colony of New Plymouth, White, Boston, 1855-61, 3:200
23. ↑ Records of the Colony of New Plymouth, White, Boston, 1855-61, 3:204
24. ↑ Oyster Bay Town Records 1:93
25. ↑ Oyster Bay Town Records 1:129-30
26. ↑ Oyster Bay Town Records 1:131
27. ↑ Oyster Bay Town Records 1:126
28. ↑ Oyster Bay Town Records 1:269
29. ↑ Oyster Bay Town Records 1:282
30. ↑ Oyster Bay Town Records 1:333

• Vital records of Dartmouth, Massachusetts, to the year 1850 ( Boston, Mass. New England Historic Genealogical Society,1929-1930)
• Great Migration 1634-1635, I-L. (Online database. AmericanAncestors.org. New England Historic Genealogical Society, 2008.) Originally published as: The Great Migration, Immigrants to New England, 1634-1635, Volume IV, I-L, by Robert Charles Anderson. Boston: New England Historic Genealogical Society, 2005. sketch of Thomas Launder. p. 241.link for subscribers.

Acknowledgements

This profile and bio were edited and reformatted by T Stanton December 2018 as part of the PGM Project. The profile is heavily indebted to the original work by Randy Seaver who suggests the following for additional information:

The classical work by Melatiah Everett Dwight, "The Kirbys of New England," was published by Trow Printing, New York, in 1898.

The above work has been significantly improved by further research in the work by Bertha W. Clark, "Richard Kirby of Sandwich, Dartmouth and Oyster Bay," 1955 (on FHL Microfilm 0,962,260, Item 15). This manuscript has much detail on the English ancestry, the New England and Long Island families of Richard Kirby.

The English ancestry and biography of Richard Kirby was also provided in the book "Ancestral Lines, Third Edition" compiled by Carl Boyer 3rd, published by the compiler in Santa Clarita, California in 1998. Boyer discusses earlier research on Richard Kirby's English ancestry, and accepts the Kirby family work by Bertha W. Clark which is included in the book "The Ancestry of J.P. Guilford" by Dr. Joan S. Guilford, published in 1990