1243.John Smalley. Born ca 1613.16 John died in Piscataway, Middlesex County, New Jersey on 30 Jul 1692.16 Occupation: tailor.
John came on the William & Francis in 1632, resided in Plymouth, freeman 1 Mar 1642, removed to Eastham 1645, and Piscataway by 1670.16
From Lora Altine Woodbury Underhill’s account of John Smalley:126
“John Smalley came over with Edward Winslow in the William and Francis, sailing from London March 9, 1632, and arrived in New England, June 5, 1632.
“In 1637/38, a garden place at Willingsley Brook and six acres upon Woberry Plain, in Plymouth County, were granted ‘John Smaley’; and in 1640, five acres ‘in the South Meddows towards Aggawam, Colebrook Meddowes.’ These three lots of land he sold, March 21, 1644, to Edmund Tilson, with ‘all his house and housing and garden place’; signature ‘John Smalley.’ September 7, 1641, he was propounded for freeman; admitted and sworn, March 1, 1641/42. In August, 1643, ‘John Smaley’ appeared in a list of ‘all the males that are able to bear armes from XVI years old to 60 yeares wthin the seuerall Townshipps,’ in Plymouth Colony.
“Among the prominent men who removed from Plymouth, in April, 1644, to Nauset (now Eastham), far down on Cape Cod, were: John Smalley, Richard Higgins, Nicholas Snow, Edward Bangs, John Doane, John Young, Josias Cook and others. (See History of Cape Cod, by Frederick Freeman, 1858.) ‘John Smaley’ was appointed Constable at ‘Nawsett,’ June 1, 1647; Surveyor of Highways, June 6, 1649; of the ‘Grand Inquest’ several times between 1654 and 1667. (Plymouth Colony Records, Court Orders, vol. 2: 115, 139.)
“Not long after the latter date, John Smalley, with his wife and two sons, left Eastham; they are said to have tarried for a short time in Rhode Island, probably at the Saconnet settlement (now Little Compton, Rhode Island) with Richard Higgins and others; moving from there to Piscataway, Middlesex County, New Jersey, ‘where they were among the earliest pioneer freeholders of this New Jersey settlement.’”126
“Several years after obtaining his first grant of land in Piscataway, John Smalley had it surveyed. This was in 1677; in 1685, he took up another grant of land. On January 1, 1682, ‘Jodiah’ (elsewhere written Jediah) Higgins, one of the younger sons of Richard Higgins, of Eastham, obtained a grant described as ‘ye fild by ye side of ye slow (slough) or swamp nar (near) Mr Smalley’s house.”126
“John Smalley, an associate of Richard Higgins and the other pioneers in the settlement at Nausett, was neither freeman nor tax payer at Plymouth in 1636. He was, however, at Plymouth as early as 1638. By trade he was a tailor. He seems to have taken but very little part in public affairs. He was admitted a freeman at Plymouth in 1642. He was a constable at Nausett in 1646, a surveyor in 1649, and of the Grand Inquest in 1654, 1660 and 1665. He was specially favored by the court, and had land granted him in 1658 between Bridgewater and Weymouth, and in 1662 near Taunton.
“Mr. Smalley was married at Plymouth to Ann Walden, Nov. 9 1638. No full list of his children appears. He had Hannah, born at Plymouth, June 14, 1641; John, at Plymouth, Sept. 8, 1644; Isaac, Dec. 11, 1647, and Mary, Dec. 11, 1647. The time of his death is not known, and we fail to find any settlemen t of his estate. He was living in January, 1668, and had a ward some six years of age, who wandered six or seven miles form his house into the woods and died from exposure.
“Mr. Samlley was undoubtedly a man who did not seek notoriety. He seemed to enjoy the quietness of his farm more than the honors and troubles of office. He lived in peace with all men, there can be no doubt, and wa gathered to his fathers in peace. Many have supposed that from him descended the Smalleys or Smalls of the Cape. The writer also entertained a similar opinion until quite recently. Investigations by the writer of ancient documents, show that one branch of the Harwich Smalls, at least, descended from one Francis Small, a fisherman of Casco Bay, who, as early as 1657, purchased the land of Scitterygussett, the Sachem, near the site of the city of Portland, and that he assigned a portion of it to Mr. Jno. Phillips, in 1659. Family tradition is that the Smalls laid claim to land near Portland, and attempts at law to recover it were early made. The tradition is sustained by documents that not long since came to light, in which it appears that an attempt was made in the year 1764.”95
Will: Underhill:126
“The Deed of Gift which served as the will of ‘John Smalley,’ of Piscataway, dated July 16, 1689, was proved June 23, 1697. (Recorded, Liber F, of Deeds, 395.)
TO ALL PEOPLE to whome this present writeing shall come, I John Smalley of the Towne of Piscataway In the Countie of Middsx: & Province of East New Jersey send Greeting &c: Know yee that I the sayd John Smalley as well for & In consideration of the Naturall Affection & ffatherly consideration I have & beare unto my well beloved & dewtifull son Isaac Smallee of the same Towne & Countie And Also for diverse other good causes & considerations mee att this present moveing but more Especially haveing had large Experience of his filliall love & Endeavours towards his Aged Parents In makeing our lives Comfortable to us In this our Pilgremage hitherto, And being confidently Assure that hee will still continue his care & filliall Affection In provideing what is convenient for mee the sayd John Smallie & Ann Smalley my wife his Naturall & Aged Parents dureing the small Remainder of time that wee are to Remaine on this side the Grave, Have given Granted, And do by these presents give grant & confirme unto my sayd Sone Isaac Smalley all & singular my goodes Chattells, debts, household stuffe, brass pewter bedding & All other my substance whatsoever moveable & imoveable quick & dead of what kinde name qualitie or condition soeever the same are or bee, Excepting my Armes (viz) my sword & Gun & my wearing Apparell, which I have given to my sone John Smalley after my decease to my dawghter Hanah Banges one shilling, to my dawgher Mary Snow one shilling, to my sone John Smallies two sones John & Jonathan one yearelen Heiffer betweene them And to my dawghter Mary Snowes three Eldest dawghters five shillings a peece, All to bee payd after my decease, And that my Loveing wife Ann Smallie shall have one Cow to dispose of According to her will & pleasure, To Have & to Hold All & singular the Abovesaid goodes & chattells with All other the Aforesayd premises (Excepting what is before Excepted) unto the sayd Isaac Smally his Executors Administrators & Assignes forever to his & theire owne proper uses & behoofes forever, freely & quietly without any matter of challenge claime or Demand of mee the sayd John Smally or of any other persone or persones whatsoever for mee In my Name, by my cause meanes or procurement And without any other thing therefore to bee yeelded payd or done unto mee the sayd John Smally my Executors Administrators or Assignes but to provide convenient for mee the sayd John & Ann Smally my wife dureing these our Naturall lives & the longer liver of us both, And After our deaths decently to burie us In such place as hee the sayd Isaac shall thinke convenient, Alwayes provided And bee It further Excepted, that If the sayd Isaac Smally showld die before his sayd ffather & mother John & Ann Smally or the longer liver of them both, then it shall or may bee Lawfull, And the sayd John & Ann Smally or Either of them hath full power & Authoritie to reenter, And to take Into theire possession & custody & dispose of any of the goodes & Chattells above mentioned as they shall have neede & occasion for dureing this theire Naturall lives for theire Comfortable maintainance & being, but for no other Ends uses or meanes whatsoever any thing In the above mentioned Deede of Gift to the contrary notwithstanding
IN WITNESS hereof I the sayd John Smally have sett my hand & seale this sixteenth day of July 1689
John Smally [mark for a seal]
Signed Sealed & delivered In the presence of Edward Slater, Samuell Blackfoord parsonally came before mee Edward Slater And upon his Corporall oath did declare that hee saw John Smally deceased signe seale & deliver to his sone Isaac above named, the Above deede of Gift, June: 23d: 1697
Samuell Dennes Justice
On 29 Nov 1638 John married Ann Walden in Plymouth, MA.62 Ann died in Piscataway, Middlesex County, New Jersey 29 Jan 1693/4.16