Woman Who Served on a Jury in 1691 — Sarah Smith

B. before 19 Jul 1646 in Hingham, Massachusetts¹
M. (1) 14 Mar 1664 in Hingham, Massachusetts²
Husband: James Stevens
M. (2) before 21 Dec 1687 in (probably) Hingham, Massachusetts³
Husband: Jonathan Franklin
M. (3) 30 Aug 1694 in (probably) Massachusetts⁴
Husband: John Field
D. before 8 Jun 1708 in (probably) Massachusetts⁵

It takes some very unusual circumstances for a female in Puritan New England to have served on a jury, but that’s what happened with Sarah Smith Franklin of Haverhill, Massachusetts.

Sarah’s parents were John Smith and Sarah Woodward, and she was christened on July 19, 1646 in the town of Hingham, Massachusetts.¹ She was the oldest of their 7 known children. Sarah’s father was a large landowner in town, and served as selectman and captain of the militia for many years.⁶

On March 14, 1664, Sarah married James Stevens, who was also from Hingham.² They had several children, but only two are known, a daughter born in 1670,⁷ and another born in 1677.⁸ James moved the family to Boston by 1674, but he seems to have abandoned Sarah for a while, causing his father Henry Stevens to step in and provide for her.⁹ James did return, but he passed away by the time his father wrote a will on September 12, 1688.¹⁰

In fact, he must have been dead before December 21, 1687 because Sarah was married to another man, Jonathan Franklin, an immigrant from England. That was the date Sarah gave birth to a son fathered by Jonathan,³ and by 1692, she had two more. They lived for a time in Hingham where Jonathan worked as a tanner,¹¹ and during this time, Sarah appeared in court records, consulted for her expertise in childbirth. 

Living in Boston. (AI-generated image)

The court case that solicited the participation of Sarah concerned a neighboring family in Hingham, Michael Emerson and his unmarried daughter Elizabeth. She was 26-years-old in May 1691 when she apparently gave birth to twins, and then proceeded to murder them. The bodies were discovered at her father’s house, buried in a shallow grave in the yard. And while six men were summoned to the house to examine the corpses, six women including Sarah were tasked with looking at Elizabeth to determine whether she had just given birth. This was probably the only type of instance where a woman was brought into the legal process in this way; a document was produced afterwards with the twelve people listed as “jurors.”¹²

1691 record of jury in the case of Elizabeth Emerson.

Elizabeth was found guilty and was hung from gallows in Boston on June 8, 1693.¹³ By that time, Sarah was no longer living in the Boston area and had her own violent tragedy to deal with. The family had moved to the town of Haverhill, on the northern border of Massachusetts. The region was often threatened by raids of tribes who lived nearby, and on March 19, 1693, Sarah’s husband Jonathan was murdered and scalped.¹⁴ Soon after, Sarah returned to Hingham with her three boys, and on August 30, 1694, she remarried to a man named John Field.⁴

Sarah had one more child with her third husband who was born in 1695.¹⁵ She died before June 8, 1708 when her underaged son David was mentioned as being assigned her brother as a guardian.⁵

Children by James Stevens:
1. Judith Stevens — B. 11 Dec 1670, Hingham, Massachusetts;⁷ D. 31 Oct 1732, Preston, Connecticut;¹⁶ M: (1) Jonathan Brewster (1664-1704), 18 Dec 1690, Norwich, Connecticut;¹⁷ (2) Christopher Huntington, Oct 1706, Norwich, Connecticut¹⁸

2. Elizabeth Stevens — 11 Jun 1677, Boston, Massachusetts;⁸ D. 17 Apr 1740, Middleborough, Massachusetts;¹⁹ M. Joseph Palmer (1665-1743), 9 Jan 1699, Hingham, Massachusetts²⁰

Children by Jonathan Franklin:
1. John Franklin — B. 21 Dec 1687, Boston, Massachusetts;³ D. before 1729;²¹ M. Lydia Tower (1687-), 15 Mar 1712, Hingham, Massachusetts²²

2. Jonathan Franklin — B. about 1690, (possibly) Hingham, Massachusetts;²³ M. Esther Parmalee (~1698-1788), 2 Dec 1718, Killingsworth, Connecticut²⁴

3. David Franklin — B. 4 May 1692, Haverhill, Massachusetts;²⁵ D. before 11 Sep 1739, (probably) Boston, Massachusetts;²⁶ M. Elizabeth Ayers (~1691-1752), 18 Jun 1713, Boston, Massachusetts²⁷

Child by John Field:
1. John Field — B. 19 Jan 1695, Massachusetts;¹⁵ D. after 21 Nov 1728²¹

Sources:
1    Christening record of Sarah Smith, Massachusetts, Births and Christenings, 1639-1915, FamilySearch.org
2    The Great Migration: Immigrants to New England, 1634-1635, Vol. 6, Robert Charles Anderson, p. 508
3    Birth record of John Franklin, Massachusetts, Town Clerk, Vital and Town Records, 1626-2001, FamilySearch.org
4    Marriage record of John Field and Sarah Franklin, M., T. C., V. & T. R.
5    David Franklin’s letter of Guardianship to his uncle John Smith, Suffolk County (Massachusetts) probate records, 1636-1899, FamilySearch.org
6    History of the Town of Hingham, Massachusetts, Solomon Lincoln, 1893
7    Birth record of Judith Stevens, M., B. & C.
8    Birth record of Elizabeth Stevens, M., B. & C.
9    Henry Smith’s 1674 proclamation about Sarah Stevens, Suffolk Deeds, Liber IX, 63, 64
10  Henry Smith’s will, 1688, Boston Probate Records, 1636-1766, FamilySearch.org
11  Land deed involving Jonathan Franklin refers to him as “skinner and glover,” Essex Deeds, 1701-1705, FamilySearch.org
12  1691 court record naming the 12 members of the jury for the case of Elizabeth Emerson
13  “Puritan Child Killers: Hannah Duston and Her Sister,” New England Historical Society
14  Death record of Jonathan Franklin, Haverhill Vital Records, 1640-1849, FamilySearch.org
15  Birth record of John Field, M., T. C., V. & T. R.
16  Find-a-Grave listing of Judith (Stevens) Brewster Huntington
17  Marriage record of Jonathan Brewster and Judith Stevens, Connecticut, Vital Records, Prior to 1850, FamilySearch.org
18  Marriage record of Christopher Huntington and Judith Brewster, C., V. R., P. to 1850
19  Find-a-Grave listing of Elizabeth (Stevens) Palmer
20  Marriage record of Thomas Palmer and Elizabeth Stevens, M., T. C., V. & T. R.
21  Probate file of John Smith of Roxbury, Massachusetts, Probate Records, 1636-1899, FamilySearch.org
22  Marriage record of John Franklin and Lydia Tower, Massachusetts, U.S., Town and Vital Records, 1620-1988, Ancestry.com
23  Estimated birth year based position as middle child of Jonathan and Sarah Franklin.
24  Marriage record of Jonathan Franklin and Esther Parmalee, C., V. R., P. to 1850
25  Birth record of David Franklin, M., B. & C.
26  Marriage record of David Franklin and Elizabeth Ayers, M., T. C., V. & T. R.
27  Probate file of David Franklin, M., P. R.

Facing a Grandson in Court — Élisabeth-Isabelle Rondeau

B. 19 Oct 1670 in St-Famille, Île d’Orleans, New France¹
M. 7 Feb 1690 in St-Pierre, Île d’Orleans, New France²
Husband: Pierre LeClerc
D. 7 Nov 1746 in St-Laurent, Île d’Orleans, New France³

Élisabeth-Isabelle Rondeau, who was born into a family of early New France settlers, was caught in a property dispute with her grandson late in life.

Élisabeth was born on October 19, 1670 in St-Famille on Île d’Orleans.¹ Her parents were Thomas Rondeau and Andrée Remondière, and she was the third of 15 children. Two brothers died as children, but that still must have made for a crowded household, and as the oldest girl, given her extra responsibilities. Ste-Famille was located on the northeast side of the island, and by 1681, the family moved to St-Pierre, which was just to the west.⁴ Here Élisabeth got married on February 7, 1690 to another settler named Pierre Leclerc.²

Soon after they got married, Élisabeth and Pierre relocated to the south side of the island, in the seigneury of St-Laurent.⁵ Here she gave birth to fourteen children, with the youngest born in 1713.⁶ Only one died as an infant, and the others all celebrated weddings in her lifetime. Needless to say, this gave the couple many grandchildren, and one of them, Jean-Baptiste Baillargeon, was the source of the litigation in Élisabeth’s later years. 

Living on Île d'Orleans. (AI-generated image) 

A court action dated July 14, 1632 showed that 17-year-old Baillargeon seems to have gone against his grandparents wishes on some land they had given him: he sold it to someone else. Élisabeth and Pierre filed “letters of restitution addressed to the lieutenant general at the headquarters of the Provost Court of Quebec,” meaning that they wanted to stop the sale and reclaim the property. The argument was that Baillargeon was underaged, and he didn’t have the right to sell the land.⁷

Élisabeth’s husband Pierre passed away on January 26, 1736,⁸ leaving her to deal with the property dispute. The case seems to have become active again in 1744, when the following appeared in the records on October 5th: “Judgment granting default to Jean-Baptiste Baillargeon, resident of the island of Orleans and appellant of the sentence rendered by foreclosure in the Provost Court of Quebec, on June 25, 1733, between him and Elisabeth Rondeau, widow of the said Pierre Leclerc.”⁹

Another year and a half went by before the issue was resolved. In a court record dated January 25, 1746, Élisabeth was ordered to abandon her claim on the land in question, and the original sale from 1732 was honored.¹⁰ The property was described as having an arpent and a half of frontage, indicating that the lot was narrow, but bordered the St. Lawrence River.

Élisabeth died later that year on November 7th, and was buried the following day in the cemetery at St-Laurent-de-Île d’Orleans.³

Children:
1. Anne Leclerc — B. 9 Aug 1691, St-Laurent, Île d’Orleans, New France;⁵ D. 24 Oct 1727, St-Laurent, Île d’Orleans, New France;¹¹ M. Pierre-Noël Fortier (1686-1731), 13 Oct 1710, St-Laurent, Île d’Orleans, New France¹²

2. Margeurite Leclerc — B. 17 Mar 1693, St-Laurent, Île d’Orleans, New France;¹³ D. 25 Jul 1750, St-Laurent, Île d’Orleans, New France;¹⁴ M. Nicolas Baillargeon (1684-1749), 16 Nov 1711, St-Laurent, Île d’Orleans, New France¹⁵

3. Jean Leclerc — B. 12 Apr 1694, St-Laurent, Île d’Orleans, New France;¹⁶ D. 9 Jun 1772, St-Laurent, Île d’Orleans, Quebec;¹⁷ M. Marie-Madeleine Gosselin (1700-1750), 11 Nov 1720, St-Laurent, Île d’Orleans, New France¹⁸

4. Marie-Madeleine Leclerc — B. 10 Sep 1695, St-Laurent, Île d’Orleans, New France;¹⁹ M. Alexis Roy (1693-1746), 20 Jul 1716, St-Laurent, Île d’Orleans, New France²⁰

5. Pierre Leclerc — B. 2 Nov 1696, St-Laurent, Île d’Orleans, New France;²¹ D. 3 Apr 1751, St-Vallier, New France;²² M. (1) Marie-Josephe Mimaux (1702-1738), 4 Mar 1726, St-Vallier, New France;²³ (2) Marie-Claire Cellier ~1694-1752), 2 Feb 1739, St-Vallier, New France²⁴

6. Élisabeth Leclerc — B. 3 Jul 1698, St-Laurent, Île d’Orleans, New France;²⁵ D. 22 Feb 1736, St-Vallier, New France;²⁶ M. Jacques Fradet (1700-1783), 28 Nov 1725, St-Laurent, Île d’Orleans, New France²⁷

7. Joseph Leclerc — B. 24 Sep 1699, St-Laurent, Île d’Orleans, New France;²⁸ D. 19 Dec 1699, St-Laurent, Île d’Orleans, New France²⁹

8. Agnes-Madeleine Leclerc — B. 9 Oct 1700, St-Laurent, Île d’Orleans, New France;³⁰ D. 28 Jul 1759, Charlesbourg, New France;³¹ M. Augustin Dufresne (1711-1759), 20 Jan 1749, St-Laurent, Île d’Orleans, New France³²

9. Jacques Leclerc — B. 14 Jan 1702, St-Laurent, Île d’Orleans, New France;³³ D. 15 May 1778, St-Vallier, Quebec;³⁴ M. Élisabeth Turgeon (1712-1784), 20 Nov 1730, Beaumont, New France³⁵

10. Ignace Leclerc — B. 17 Jun 1704, St-Laurent, Île d’Orleans, New France;³⁶ D. 22 Mar 1776, St-Laurent, Île d’Orleans, Quebec;³⁷ M. Marie-Madeleine Côte (1722-1783), 15 Jul 1748, St-Pierre, Île d’Orleans, New France³⁸

11. Madeleine Leclerc — B. 22 Jul 1706, St-Laurent, Île d’Orleans, New France;³⁹ D. 8 Nov 1743, Berthier, New France;⁴⁰ M. Joseph Beaudoin (~1707-1783), 23 Oct 1730, St-Laurent, Île d’Orleans, New France⁴¹

12. Joseph Leclerc — B. 8 Oct 1707, St-Laurent, Île d’Orleans, New France;⁴² D. 11 Nov 1781, Quebec City, Quebec;⁴³ M. Ursule Noël (1712-1798), 8 Jun 1734, St-Laurent, Île d’Orleans, New France⁴⁴

13. Genevieve Leclerc — B. 24 Jan 1709, St-Laurent, Île d’Orleans, New France;⁴⁵ D. 20 Feb 1748, St-Vallier, New France;⁴⁶ M. Augustin Fradet (1706-?), 23 Oct 1730, St-Laurent, Île d’Orleans, New France⁴⁷

14. Marie-Anne Leclerc — B. 8 Feb 1713, St-Laurent, Île d’Orleans, New France;⁶ D. 6 Aug 1774, St-Charles, Bellechase, Quebec;⁴⁸ M. (1) Antoine Gosselin (1716-1751), 25 Nov 1743, St-Laurent, Île d’Orleans, New France;⁴⁹ (2) Jean Vallieres (1704-1768), 6 Nov 1760, St-Charles, Bellechasse, New France⁵⁰

Sources:
1    Baptismal record of Élisabeth-Isabelle Rondeau, Catholic Parish Registers, 1621-1979, FamilySearch.org
2    Marriage record of Pierre Lecrec and Élisabeth-Isabelle Rondeau, Q., C. P. R.
3    Burial record of Élisabeth-Isabelle Rondeau, Q., C. P. R.
4    Recensement de 1681 en Nouvelle-France
5    Baptismal record of Anne Leclerc, Q., C. P. R.
6    Baptismal record of Marie-Anne Leclerc, Q., C. P. R.
7    Letters of restitution for Pierre Leclerc and Élisabeth Rondeau, 14 Jul 1732, BAnQ
8    Burial record of Pierre Leclerc, Q., C. P. R.
9    Judgment regarding case between Jean-Baptiste Baillargeon and the late Pierre Leclerc, 1 Dec 1744, BAnQ
10  Appeal nullified of the sentence in the case between Jean-Baptiste Baillargeon fils and Elisabeth Rondeau, 25 Jan 1746, BAnQ
11  Burial record of Anne Leclerc, Q., C. P. R.
12  Marriage record of Pierre-Noël Fortier and Anne Leclerc, Q., C. P. R.
13  Burial record of Marguerite Leclerc, Q., C. P. R.
14  Burial record of Marguerite Leclerc, Q., C. P. R.
15  Marriage record of Nicolas Baillargeon and Marguerite Leclerc, Q., C. P. R.
16  Burial record of Jean Leclerc, Q., C. P. R.
17  Burial record of Jean Leclerc, Q., C. P. R.
18  Marriage record of Jean Leclerc and Marie-Madeleine Gosselin, Q., C. P. R.
19  Baptismal record of Marie-Madeleine Leclerc, Q.C.P.R.
20  Marriage record of Alexis Roy and Marie-Madeleine Leclerc, Q.C.P.R.
21  Baptismal record of Pierre Leclerc, Q.C.P.R.
22  Burial record of Pierre Leclerc, Q.C.P.R.
23  Marriage record of Pierre Leclerc and Marie-Josephe Mimaux, Q.C.P.R.
24  Marriage record of Pierre Leclerc and Marie-Claire Cellier, Q.C.P.R.
25  Baptismal record of Élisabeth Leclerc, Q.C.P.R.
26  Burial record of Élisabeth Leclerc, Q.C.P.R.
27  Marriage record of Jaques Fradet and Élisabeth Leclerc, Q.C.P.R.
28  Baptismal record of Joseph Leclerc (older), Q.C.P.R.
29  Burial record of Joseph Leclerc (older), Q.C.P.R.
30  Baptismal record of Agnes-Madeleine Leclerc, Q.C.P.R.
31  Burial record of Agnes-Madeleine Leclerc, Q.C.P.R.
32  Marriage record of Augustin Dufresne and Agnes-Madeleine Leclerc, Q.C.P.R.
33  Baptismal record of Jacques Leclerc, Q.C.P.R.
34  Burial record of Jacques Leclerc, Q.C.P.R.
35  Marriage record of Jacques Leclerc and Élisabeth Turgeon, Q.C.P.R.
36  Baptismal record of Ignace Leclerc, Q.C.P.R.
37  Burial record of Ignace Leclerc, Q.C.P.R.
38  Marriage record of Ignace Leclerc and Marie-Madeleine Côte, Q.C.P.R.
39  Baptismal record of Madeleine Leclerc, Q.C.P.R.
40  Burial record of Madeleine Leclerc, Q.C.P.R.
41  Marriage record of Joseph Beaudoin and Madeleine Leclerc, Q.C.P.R.
42  Baptismal record of Joseph Leclerc (younger), Q.C.P.R.
43  Burial record of Joseph Leclerc (younger), Q.C.P.R.
44  Marriage record of Joseph Leclerc and Ursule Noël, Q.C.P.R.
45  Baptismal record of Genevieve Leclerc, Q.C.P.R.
46  Burial record of Genevieve Leclerc, Q.C.P.R.
47  Marriage record of Augustin Fradet and Genevieve Leclerc, Q.C.P.R.
48  Burial record of Marie-Anne Leclerc, Q.C.P.R.
49  Marriage record of Antoine Gosselin and Marie-Anne Leclerc, Q.C.P.R.
50  Marriage record of Jean Vallieres and Marie-Anne Leclerc, Q.C.P.R.