Abigail Richmond

Notes:

Abigail's parents were "of Haverhill, MA."

She was the widow of John Remington when she married Henry Gardner (see notes for Henry!).

The Rev. Dr. MacSparran in his diary (Sept 30th and Oct 4th 1744) speaks of the death of his wife's grandmother, at the great age of eighty-eight years.

If Abigail was the daughter of Edward's second wife, Abigail, she must have been born after Edward who was born in 1658, son of Amey.

Abigail married John Remington, III 1679. John (son of John REMINGTON, II and Abigail ACIE) was born 20 Mar 1650/51, Rowley, Essex Co., MA; died Abt 1688, Jamestown or Kingstown, RI. [Group Sheet]

1. Mary Remington was born Between 1680 and 1689.
2. Abigail Remington was born 1681, Newport or Kingston, RI; died 6 Feb 1763, South Kingstown, Washington Co., RI; was buried , Historical Cemetery 36, Shermantown Rd., North Kingstown, RI.
3. Martha Remington was born Abt 1683, North Kingstown, RI; died Aft 20 Jul 1744.
4. Elizabeth Remington was born Between 1685 and 1686; died Between Sep 1747 and Jul 1748, Richmond, RI.
5. Hannah Remington was born Abt 1687; died 6 Mar 1781.

Abigail married Henry Gardner Abt 1690. Henry (son of George Gardner and Herodias Long) was born Abt 1645; died 26 Apr 1744, South Kingstown, RI. [Group Sheet]

1. Henry Gardner, Jr. was born 25 Feb 1690/91; died 16 Jul 1768, Newport, RI.
2. Ephraim Gardner was born 1 Jan 1692/93, South Kingstown, RI; died 10 Apr 1774; was buried 13 Apr 1774.
3. William Gardner was born 27 Oct 1697, South Kingstown, RI; died Bef 8 May 1732.
4. Hannah Gardner was born 4 Aug 1703, South Kingstown, RI.
5. John Gardner was born Abt 1705.
6. Sylvester Gardner was born Abt 1707.

Notes:

Apparently Edward married Amey Bull & Abigail Davis; some genealogies say it is not clear which one was the mother of Edward II. But, see marriage story below. Edward was Attorney General of RI from 1677 to 1680; he was General Solicitor (same job, different title) in 1667, 1669/70, 1672, and 1677. He was Deputy to the RI General Court in 1678/9 and 1686, and was also a captain and lieutenant at Newport. He was probably a son of John "Webb" Richmond b.1592 & Elizabeth Nicholas, who came to America in 1635.

In 1656, Edward's Richmond's attorneys unsuccessfully sued Richard Ussell, who was Abigail's legal husband, she having been forced to marry him when Edward was already "espoused to" her. Later they successfully argued the case on the basis of trespass for breach of covenant. A petition in Abigail's name was presented to the General Assembly resulting in a declaration that the prior marriage to Ussell was "an unlawful marriage." Edward and Abigail had to pay a fine of forty shillings for living together and conceiving a child. The Court of Trials married the couple "for preventing of the like Temptation." (from "the Transatlantic Constitution" by Mary Sarah Bilder)

The following is from Daniel P. Himes' genealogy at Geni.com: "Abigail Davis, the first wife of Edward Richmond . . went to court in 1657 to annul her forced marriage to Richard Ussell. The court committee, headed by Roger Williams, finally decided in her favor, but only after delaying the decision for six weeks . . . The following summer (1658) Abigail and Edward were charged with living together contrary by law, and having a child (Abigail, born 1656) out of wedlock. They were fined and then conveniently declared to be married by the court 'as they been twice published according to law but . . . (Rev.) Obediah Holmes forbade it.' "

See details at findagrave.com

Edward married Abigail DAVIS Abt Jun 1658. Abigail (daughter of William DAVIS) was born Abt 1637; died Jul 1682; was buried , Little Compton, RI. [Group Sheet]

Notes:

Apparently Abigail was married when very young to Richard Ussell, but this marriage was declared unlawful by the Assembly, because she said her mother and stepfather, John Cowdall, had forced it on her. In 1656 she testified that her own choice was Edward Richmond. (see "Family Notes" at the Knight Memorial Library in Providence, RI; now at Providence Central Public Library)

The following is from Daniel P. Himes' genealogy at Geni.com:

"On May 20, 1657, Abigail Davis petitioned the Assembly alleging that her step-father John Cowdall and her mother had forced her into a marriage with Richard Ussell, and later in the same year the Assembly declared that the marriage was unlawful and that she was free to marry Edward Richmond, whom she declared in her petition to be her choice. When old Portsmouth was divided and Newport organized, Portsmouth was reorganized, and James Davice (Davis) signed (by his mark), April 30, 1639, forming 'the body politick' of Portsmouth: and in the list of the inhabitants of Acquednic Island (who had become such by consent of the goverment), dated September 1, 1640, James Davis's name appears; it does not appear again, and as there were no other of the name (save, possibly, Nicholas, who lived till 1671), it would seem that he was the father of Abigail Davis, and at the time Abigail married Edward Richmond, he had died and his widow had married John Cowdall.

"In one copy of "The Richmond Family" her father's name of James Davis was crossed out and the name 'William Davis' was handwritten in.

"Abigail Davis, the first wife of Edward Richmond . . went to court in 1657 to annul her forced marriage to Richard Ussell. The court committee, headed by Roger Williams, finally decided in her favor, but only after delaying the decision for six weeks due to the great disturbance made by the bystanders. The following summer (1658) Abigail and Edward were charged with living together contrary by law, and having a child (Abigail, born 1656) out of wedlock. They were fined and then conveniently declared to be married by the court 'as they been twice published according to law but . . . (Rev.) Obediah Holmes forbade it'.

"The Richmond Genealogy suggests that the father of Abigail Davis was James Davis of Portsmouth, but there was a William Davis, locksmith, of Boston, who died in 1643/4, leaving a widow, Mary, and a daughter, Abigail. The widow married John Cowdall and the family relocated to Portsmouth, RI."

"Ordered, that Mr. Richard Tew, Mr. John Greene, Jr., of Warwicke, Mr. Thomas Harris, of Providence, and Edward Greenman, of Newport, are apoynted a sub-committee to goe to Abigail, daughter-in-law to Mr. John Cowdall, and to carrie the petition that was presented to the court in her name, and to enquire of her if she owne it to be hers, and to informe themselves of other circumstances from her thereabout, and to make report thereof to the Court to-morrow morninge, at the meetinge of the Court.

"Upon a petition of richard Ussell, to this court for justice concerninge an execution graunted to him against Edward Richmond, or Newport, for the sum of three pound, thirteen shillings; which execution beinge unserved by reason that noe estate was found to serve it on, and now beinge adjitated in the Court for redress in the same, here appeared John Richmond, of Newport, Sen'r, and to the Court doth agree to pay the sayd sum mentioned in the execution to Richard Ussell or his assigns, before the 24th of June next, upon the penalty of a double bond forfeiture, payable to the sayd Ussell, recoverable by law.

"Concerninge the nihil dicit entered against Richard Ussell and John Cowdall, of Newport, by Edward Richmond, before the court of tryalls in October last, at Portsmouth, some difficulty arisinge in the Courts aboute it, and they referringe it to this Court to consider; the Court declareth that the Jury shall enquire of the damages upon the sayd nihil dicit, and judgment and execution shall be entered and graunted at the General Court of Tryalls a Warwicke in June next, in that case. . .

"The Report of the sub-committee yesterday chosen and sent to Abigall, daughter of John Cowdall is, that haveinge read the petition to the sayd Abigall, which was subscribed Abigall Davis, she owned the sayd petition to be her act, and likewise disclaimed Richard Ussell, and only owned Edward Richmond, and further professed that what she had done with respect to Richard Ussell, was for feare of being forced to it by her father and mother.

"Upon adjitation concerninge Richard Ussell and Abigall Davis, the Court declareth theire resolution to consider and debate the matter, as to theire sence concerninge the marridge of the sayd Ussell with the sayd Abigall Davis, whether it were legall or not.

"Upon the great disturbance made by standers by in the beginninge of the adjitation abovesayd, the Court hath for the present deferred the debate of the matter any further. . .

"It is ordered, and by this court declared, that the maridge of Richard Ussell with Abigall Davis was an unlawfull marridge."

"On May 20, 1657, Abigail Davis petitioned the Assembly, alleging that her stepfa. John Cowdall and her mo. had forced her into a m. with Richard Ussell, and later the same year the Assembly declared that the m. was unlawful and that she was free to marry Edward Richmond, whom she declared in her petition to be her choice."

Sources:

Joshua Bailey Richmond, The Richmond Family 1594-1896 and Pre-American Ancestors, (Boston: The Compiler, MDCCCXCVII).

Joan S. Guilford, The Ancestry of Dr. J.P. Guilford, Orange, CA: Seridan Psychological Services, 1990, Vol. 1.

Sybil Noyes, Charles Thornton Libby & Walter Goodwin Davis, Genealogical Dictionary of Maine and New Hampshire, (Portland, ME: Southworth-Anthoensen Press, 1928-1939), Vol. 1.

Bowerman, Robert H., "The Family of John & Elizabeth (Irish) Richmond," 2222 Miantonomi Ave, Middletown, RI 02840.