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.
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