Person:Mary Edwards (142)

Records and Files of the Quarterly Courts of Essex County, Massachusetts show a case filed in a debt due "for 34li, received by Mary Edwards, now wife of John Leach" The writ in John Emerson v. John Leach, Jr. is dated 23 : 2 : 1672. The court found for the plaintiff on 30 : 2 :1672. Defendant appealed; Rice Edwards gave sureties on the bond. The earlier judgment was confirmed by the court.

"Tho. Judkins of Gloster testified that being occasionally at Mr. Emerson's house at Gloster when Mary Edwards was there, her master then reckoned with her, and she owned the debt and engaged to pay 30s. in a short time to the merchants of Ipswich upon her mistress' account. Sworn, Apr. 29, 1672, before Samuell Symonds.

"Richard Gooding deposed the same. Sworn, Apr. 29, 1672, before Samuell Symonds.

"James Davis, aged about thirty-five years, deposed that when Mary Edwards went away from Mr. Emerson's, she owed for a tammy coat and promised faithfully to come and serve it out. Sworn, 30 : 2 : 1672, before Wm. Hathorne, assistant.

"Bill of cost, 1li. 5s. 6d.

"Letter of attorney, dated Apr. 29, 1672, given by John Emerson of Glocester to William Sargant of Glocestcr, to recover 30s. for some English goods had of him by Mary Edwards, now wife of John Leach, four years ago. Wit: Henry Walker and William (his mark) Haskell, sr. Acknowledged, Apr. 29, 1672, before Samuel Simonds.

"John Leach's reasons of appeal, dated 20 : 1 : 1672, and received, 29 : 4 : 1672, by Wm. Hathorne, assistant: that he never had any dealing with Mr. Emerson whereby he could be indebted to him; that if Mary Edwards contracted this debt before marriage, she was in her father Ryse Edwardses custody, to whom Mr. Emerson came with much importunity to get Mary to dwell with him one year, and he consented on condition that said Emerson should pay as much as she could get for her service in any other place; that they asked her to stay longer, and when her father heard it, he, having engaged her elsewhere, went for her and demanded a reckoning of her master, saying if there was anything due to said Emerson, he would satisfy him, but Emerson would come to no account and Edwards took her away; 'we humbly conceiue that if A mans wife liueing with her husband taketh up goods and promiseth pay afterward she obtaining a bill of divorc and she becometh another mans wife her Later husband would think himself hardly delt by if he should be forced to pay the debt especially if her former husband ware Liuing for whos use they were taken: but thanks be to god your humble Apelants wifes father yet lieueth whos dewty and care to cloath his children Liueth also,' etc.

"Mr. Emerson's bill of cost, 8s.

"Answer to John Leach's reasons of appeal, made by William Sargeant, attorney: that said Leach pleaded that the debt belonged to the father of his wife and as for Mary being under the guidance of her father and not capable of making contracts, they answer that nothing had been proved that her father ever objected to the contract with Mr. Emerson or others with whom she had contracted before, she being at the time about twenty-one years of age and coming to his service without necessary apparel; 'that whereas it is aleged in the last reason that wheras Mr Emerson did alow the sd Mary Edwardes for wages five poundes p annum the Father would willingly now demand seven powndes and p the same rule had she agreed for seven powndes he might have demanded nine: but her being of full age and the Fathers never contradicting or interposeing with the more than ordinary wages of a mayde Servant being 5li p yeare doeth abundantly answer to which may be aded her great weaknes and distempers in the tyme of her servisc: and for the debt sued for: it hath bene Legally proved & her promise of payment by a few weeks before her mariag: and to conclude the strength of the plt. reasones seeme to insist on the mistake of the party sued which should have bene the Father & not the husband the which at the best being granted, signifies but a non sute, the which is now too late to pleade.'"

John Leach lost the suit, as noted above. That the debt was promised "a few weeks" Mary's marriage, and that it had been four years since the promise was made in 1672, indicates Mary Edwards married John Leach in about 1668.

1.   Massachusetts (Colony). Quarterly Courts (Essex County). Records and files of the Quarterly Courts of Essex County, Massachusetts. (Salem, Massachusetts: The Essex Institute, 1911-1925, 1975)
   Vol 5, p. 49-50.