Edward1 LAY, parentage unknown, but brother of Mr. John1 LAY, Sr., and Robert1 LAY, born about 1608, England, died between 20 Sep 1692 and 11 Dec 1692, Portsmouth, RI (will dated and proved), aged 84 years.
He married before 31 Oct 1654, Martha -----, parentage and birth unknown, who died after 12 Jan 1693/4 (Records of the Town of Portsmouth, p. 252).
Edward1 LAY first appears as a soldier in the Pequot War, 1637, from Wallingford or Saybrook, CT, not in the levy, along with John GALLUP, Jr., Lieutenant Lion GARDINER, John HALL, Nathaniel MERRIMAN, James ROGERS, Thomas STANTON, Capt. John UNDERHILL, and John WOOD (NEHGR LXXXIX (1935), p. 173), for which services he was granted land in Hartford, CT, in 1638.
In Feb 1639 he was one of a list of 129 persons to whom land in Hartford had been granted. He had received three parcels, of which one had been sold. Firstly, he had owned two acres bounded E on Thomas ALCOTT (later common), S on Thomas BUNCE, W on the River, and N on Thomas GRIDLEY. This parcel had been sold to Thomas BUNCE. Secondly, he owned two roods bounded N on William WESTLEY, E on a highway from George STEELE to a swamp, S on John OLMSTEAD (later John PEIRCE), and W on a highway to John BARNARD's land. Thirdly, he owned three acres bounded N on a highway from Town over Rocky Hill towards the little river, E on George HUBBARD (sold to John OLMSTEAD), S on a highway from Town over Rocky Hill towards the west, and W on Thomas GRIDLEY (Connecticut Historical Collections XIV:205, 206, 243, 252, 264, 342, 358).
On 18 Feb 1640, Edward LAY, having forfeited his lot by not building upon it, the town ordered that it be given him again, and "to have the like liberty of lots that be new given." (Barbour).
He is mentioned at Hartford in 1640 (James William Hook, Hawley-White-Hook and Related Families (1952), pp. 262-264).
He was an early member of the First Church, Hartford, in 1640 (The Founders of Saybrook Colony and Their Descendants, 1635-1985)(Barbour).
On 4 Jan 1648[/9?] the town of Saybrook divided the outlying lands into three quarters, and Edward LAY chose his allotment of commonage on the east side of the River (copy of original record made by John TULLEY, Town Clerk, 27 May 1698). This was the part of the town in what was in 1667 set off as the town of Lyme. Both Robert LAY and John LAY chose their allotments in the Oyster River Quarter, Robert getting a £100 right and John a £300 right.
Banks, in his History of Martha's Vineyard, says of him:
"EDWARD LAY
"This settler was one of the Connecticut contingent which furnished several additions to our island population between 1650 and 1660. He is first heard of at Hartford in 1640, and later at Saybrook in 1648, where he was living on the East side of the Connecticut river in the present town of Lyme. He was associated there with our Robert Codman, as appears by the following record of a court held Aug. 12, 1657: --
"'The Court considering the ingagement of Edward Lay to this jurisdiction of Robert Codmans Estate, that the said Lay should appear several years since at Hartford to answer at the Courte his abusive carriage and expressions before several of Seabrooke, which to this time he hath not attended, they order that upon the payment of £5 to the Treasr. by said Codman, hee shall be free from the aforesaid seizure of Robert Codmans estate in his hands; and the said Edward Lay shall be free from the forfeiture of bond and contempt therein, which £5 being paid by Codnam for Edward Lays disappearance according to ingagement, the judge that Edward Lays estate should satisfy Codnum for the same.' [Conn. Col. Records, I, 302. He was brother of Robert and John Lay of Lyme and Saybrook. (G.R., LXII., 172.)]
"Edward Lay's 'disappearance' from Connecticut 'several years since' is accounted for by his migration to Martha's Vineyard. He removed to this town some time prior to May 8, 1653, when he had been here long enough to be one of the proprietors and participate in the division of the Planting Field [Edgartown Records, I, 172.]. He owned at this time the sixth lot from Pease's Point, fronting the harbor and, presumably, lived there [It was sold by him with a dwelling house on it in 1662. (Ibid., I, 98.)]. He is mentioned with his wife, whose name was Martha, in connection with a neighborhood slander case early in 1655, and on Feb. 1, 1656, is one of those who entered into an agreement with Robert Pease about his settlement [Ibid., I, 124, 138.] In June, 1656, Lay and his wife had a case against John Pease for slander, in which he recovered damages [Ibid., I, 114.]. He was fined for leaving a town meeting before it was adjourned in August, 1659, and the next year, Oct. 22, 1660, is rated as a proprietor and drew lots on his share [Ibid., I, 147, 156.]. In 1661 or 1662 he removed to Rhode Island and took up a residence at Portsmouth, where he became an important citizen. He sold on Oct. 18, 1662, the following described property, which represented his real estate holdings acquired here in ten years: --
"'I Edward Lay inhabitant in portsmoth upon rhoad Island and in the Colonny of providence in america ... Bargain and sell unto thomas Layton (of Portsmouth) these parcells of Land with all the housin upon them first: a Lott of Eight acres of Land more or less with a Dwelling house upon the same which Land and house as all other parcells in this Deed and Sale lyeth upon the Island called Martha's Vineyard: as also I sell twenty acres of Land more or less Lying near the path Going (to) Meshackett and adjoyning to a parcell of Land of thomas Bayeses in the same Neck: as also one acre and half acres of Land Lying upon Chappaquiddick neck a Lott there be the Land more or less and Lying between John Daggetts Land on the one side and thomas Mayhews on the other: as also ten acres of Land more or less Lying between the Land of thomas Harlock and the Land of Robert Codman Butting upon the highway to the plain: as also two acres of meadow more or Less Lying between the land of John Pease Butting upon Mortles neck from the Sea: as also one acre of Land more or Less Lying att Crackatuxett att the going in of the next to the Land of thomas Burchards there: as also one thach Lott Joyning to peter folgers Land on the South Beach: all those above mentioned parcells of Land together with all my write of Commonage fish and whale.' [Ibid., I, 98.].
"After settling in Portsmouth, he was of the Grand Jury in 1663, Constable 1665, Deputy to the General Court 1667 and 1677, besides holding minor offices in the town. He was licensed to keep a public house in 1675 [Portsmouth Town Records, passim.]. His wife Martha died in 1682, and he died in 1692, aged eighty-four years. No descendants of his are known to have lived here." (Banks).
On 8 May 1653, at Edgartown, Martha's Vineyard, MA, he was one of those granted 10 acres in a division of common land called the Planting Field. He was one of the original eighteen proprietors (Banks).
On 31 Oct 1654, Robert CODMAN was found "not guilty of those aspersions which were cast upon him ... concerning himself and the wife of Edward LAY." (Banks).
On 1 Feb 1656, Edward LAY was one of six men who agreed to give Robert PEASE 150 fish every year so long as he lives on Martha's Vineyard and weaves cloth for the town of Edgartown.
On 12 Aug 1657, at a General Court held at Hartford, Edward LAY's bail bond was forfeited. He had been arrested for abuse and turbulent conduct (Records of the Colony of Connecticut 1:302). The Court considered an engagement of Edward LAY to this jurisdiction, several years before, at Hartford, that he would answer for his abusive carriage and expressions at Saybrook; and as he had not attended, and Robert CODMAN having given bonds for him, CODMAN was ordered to pay £5 and they judge that LAY's estate would reimburse CODMAN (Barbour).
On 21 Apr 1660 he drew land at Crackatuxet as a proprietor at Edgartown, Martha's Vineyard, MA. He also drew one of the 10 acre "Line Lots," on a line backwards from William WEEKS's fence to Wintucket. He also was allotted on full share of land on 22 Oct 1660.
He later removed to Portsmouth, RI.
In 1657 Edward LAY of Portsmouth, RI, and 47 others were granted 5000 acres of land, called East Greenwich, RI, but he never settled on the land.
In a deed from Daniel WILCOX to Edward LAY, both of Portsmouth, dated 1 Aug 1661 and conveying a lot of land in that town, the grantor, Daniel WILCOX, especially reserved the land where the grave of "my deceased wife" was situated (Portsmouth Land Evidence 1:16)(NEHGR 87 (Jan 1933) p. 74).
In 1661 the earmark of Ed. LAY was entered: "E[ ] the lower side [ ] close to the head or [ ]" (Records of the Town of Portsmouth, p. 262).
On 28 Feb 1662/3 Edward LAY was chosen a Grand Juryman (Records of the Town of Portsmouth, p. 116).
On 5 Jun 1665 Edward LAY was chosen Constable (Records of the Town of Portsmouth, p. 129).
On 19 Oct 1666 Edward LAY was chosen a Grand Juryman (Records of the Town of Portsmouth, p. 136).
On 26 Jun 1667 Mr. Edward LAY was chosen a Deputy to the General Court (Records of the Town of Portsmouth, p. 138).
On 28 Apr 1668 Edward LAY was chosen a Grand Juryman (Records of the Town of Portsmouth, p. 140).
On 28 Apr 1669 Mr. Edward LAY was chosen a Grand Juryman (Records of the Town of Portsmouth, p. 147).
On 26 Apr 1671 Edward LAY was chosen a Fence Viewer (Records of the Town of Portsmouth, p. 161).
On 15 June 1671, at Portsmouth, RI, his wife having been attacked by an Indian named John, said Indian was sentenced to death.
On 3 Jun 1672 Edward LAY was chosen a Fence Viewer (Records of the Town of Portsmouth, p. 170).
Edward LAY was on a committee concerning taxes (Records of the Town of Portsmouth, p. 286-7).
On 14 Apr 1677 Mr. Edward LAY was chosen Deputy to the next two General Assemblies (Records of the Town of Portsmouth, p. 192).
On 1 Aug 1679, Edward LAY having petitioned the Assembly for liberty to keep an Inn, pleading age and debility of body for hard labor, they recommended the Portsmouth Town Council to condescend to his desire.
He was licensed to keep an inn, and posted 10 shillings bond with John BRIGS, Senr., and John SANFORD, sureties for good behavior. This bond he signed by mark:
____
Edward | LAY
his | mark
(Records of the Town of Portsmouth, p. 429).
Rhode Island Land Evidences Vol. I, 1648-1696, Abstracts, by the Rhode Island Historical Society (Baltimore: Genealogical Publishing Company, Reprint 1970), p. 130:
[181] William CLARKE to Edward LAY
... William CLARKE of ... Portsmouth ... Ship-Carpenter ... for ... full ... Satisfaction ... Received ... from Edward LAY of Portsmouth ... yeoman ... Have ... sold ... One halfe ... percell of land by me Recovered ... by Vertue ... of the Genll. Court of Tryalls ... against the Estate of ... John PAINE of Prudence Island, the whole ... being three hundred and fifty acres ... is the Northermonst halfe ... lying ... in ... Boston Neck ... Bounded ... on the North side by the land of Captn John BROWNE, and on the south side by that other ... moiety to me belonging ... twenty seventh day of February ... One Thowsand Six hundred seventy nine: ...
Wit. William CLARKE
John X BRIGS senr his marke
John SANFORD
Joseph REMINGTON"
In 1679 he is called aged 71 years.
On 7 Sep 1680 he was indicted for selling strong drink by retail without a license at Portsmouth.
On 26 Oct 1681 his fine of 40 shillings laid on him by the General Court of Trial was remitted by the Assembly, he pleading age and debility.
The will of Edward LAY of Portsmouth, RI, dated 20 Sep 1682, proved 11 Dec 1682, recorded 13 Dec 1682, Portsmouth, RI, named his wife Martha as sole heir, "the Reall consideration fof the great love affection and tender care that I have found in myh said Loveing wife moveing towards and extended unto me in the longe time of the sick and weakly and helpless condition God hath been pleased to vissitt me with all and alsoe considering the Care and labourious paines takeing, whereby through Gods blessings she hath been very instrumentall to the producing and gainings of that God hath lent us." He then goes on to make a few specific bequests. To his "brother Robert" he gave one shilling provided he come to Rhode Island to claim it within a year. He then gave to his "Kinsman John Lay the Eldist sonn of my Eldist Brother John Lay deceased" 2 shillings under the same conditions. "I give unto the Rest of my Kinsmen the sons of my said deceased brother John Lay and my Brother Robert Lay" 1 shilling each under the same conditions. He named his wife Martha as sole executrix, and requested that his friends Mr. John BRIGS Senr, Mr. Caleb ARNOLD, and John SANFORD, all of Portsmouth, act as overseers. He signed the will by mark, and the witnesses were William WILBORE, Thomas FFISH, ffrancis BRINLEY, and Lot STRAINGE, who made oath 11 Dec 1682, and the will was recorded 2 days later. This proves the sibling relationship among Edward1, John1, and Robert1 LAY
Widow LAY's land was mentioned 12 Jan 1693/4 (Records of the Town of Portsmouth, p. 252).
Edward1 and Martha (-----) LAY had no children.
References for this family are Austin, Genealogical Dictionary of Rhode Island; Lucius Barnes Barbour, Families of Early Hartford, Connecticut, p. 365; and Charles Edward Banks, The History of Martha's Vineyard (1966), II:Edgartown 26-30, 60, 98, 125-127, 180.
He may be the Edward LAYE who married, 2 May 1646, St. Matthew Friday Street, London, England (Bowerman, see below), Martha COWELL. She may have been the daughter or granddaughter of Thomas COWELL who was buried in that parish 2 Jan 1612[/3]. Other selected entries from the register of St. Matthew Friday Street, London:
p. 117 1594 Jan 31 William COOLE
bur.
p. 120 1612 Jan 2 Thomas COWELL
bur.
p. 52 1630 Oct 7 Thomas APTELL & Eliz. COLEY
mar.
p. 53 1635 Jul 6 John WINTHROPP & Eliz. READE
mar.
[This was Gov. John1 WINTHROP of Massachusetts Bay
Colony. --RLW]
p. 53 1638 Jul 4 Edward ELDWODE in ye County of Bedford & Susan
COWLEY mar.
p. 53 1641 Jul 6 George COLE & Allyce LANCASTER
mar.
p. 54 1644 Jun 13 Clement COOLY & Susan GABREATH
mar.
p. 54 1645 Apr 7 Rowland GEORGE & Ann COALES
mar.
p. 55 1646 Apr 23 Edward COWELL & Eliz. SMITH
mar.
p. 55 1646 May 2 Edward LAYE & Martha COWELL
mar.
p. 55 1646 Jul 17 Henry COLES & Freyweed JUGHAM
mar.
p. 25 1660 Feb 7 Rachell, d/o Humphrey COLE
bapt.
p. 129 1661 Dec 13 Francis COLE
bur.
p. 131 1675 Oct 5 Jane, d/o Ric[hard] COLE
bur.
p. 28 1677 Jun 21 Margaret, d/o Peter & Elizabeth COLES
bapt.
p. 133 1679 Sep 11 Richard, s/o Rich[ard] COLE in the Church
bur.
p. 133 1680 Dec 24 Katharine COLE a child Xc [Church]
bur.
p. 136 1689 Mar 26 Richard COLE Xc y.
bur.
p. 62 1692 Apr 17 Thomas COLE of St. Fosters & Mary STEWARD
of Queenhithe, Spinster, by John BRERETON
mar.
p. 138 1694 Jul 30 Elizabeth COAL, Xc y. [Churchyard]
bur.
p. 84 1727 Apr 29 Joseph COWELL & Hannah SMEDLEY, by Mr. Crumpe
mar.
(A. M. Bruce Bowerman, The Register of St. Matthew Friday Street, London, 1538-1812 ..., Publications of the Harleian Society, vol LXIII (1933)).