order in the court
At the court held in Hampton on 26 July 1648 Robert Hithersay was involved in six cases. He charged Richard Swaine, and eight other men of trespass, including Richard's son Francis and his son in law Nathaniel Boulter. Trespass usually involved cutting trees or encroaching on property lines, etc. He also seems to have accused Francis Swaine of defamation. But these weren't the only cases that involved Richard and his extended family. The same day a George Barley accused Richard, Nathaniel Boulter and Edward Colcord of some unrecorded misdeed, Nathaniel was convicted for the second time of drunkenness and fined, Richard and Nathaniel accused Robert Lord of unjust molestation, Nathaniel accused Lord of slander, Richard accused George Barley and Thomas Petty, and Nathaniel brought suit against Thomas King and George Barley in separate cases, King returned the favor and charged Nathaniel of defamation. In the same session Richard gave testimony in at least one other case in which he was neither the accuser nor the defendant.
In a case in 1652 one Henry Green accused Richard of defamation. It seems Richard had said that Green "had attempted the chastity of Bassill Swaine and used beastly and unseemly carriages and temptations towards Grace Boulter". The charge was withdrawn but Green was later fined for "uncleanness" and bound for good behavior.
Nearing 62 years of age by 1657, you would supposed that Richard was looking forward to slowing down and spending the rest of his years quietly in Hampton. He had been freed from further military duty in 1653 and despite the death of his wife Bassill, sometime after 1652 and son Nicholas in 1650 and he had land and his other family around him.
On the 20th of the 8th month 1657 a boat sailing from Hampton the Boston sank just outside the harbor, all aboard were drowned. William, Richard's eldest son was one of those lost their life that day. In a twist of fate his widow, Prudence Marston, married Moses Cox who had lost his wife and son in the same tragedy. The subsequent daughter of their marriage is one of my ancestors.
On 15 September 1658 Richard remarried. His wife was a widow, Jane Unknown Bunker.  They had one son, named Richard, born in January of 1659/60. In July of 1659 Richard and a group of men, including his son John, bought a significant amount of property on the Island of Nantucket. On 18 October 1659 and arrest warrant was issued for Richard, Thomas Macy, part of the Nantucket group, and six others. Their crime; entertaining Quakers. In November Richard was disenfranchised meaning he was booted out of the church and lost all his rights as a freeman.
|Mary Dyer hanged |
for being a Quaker
1660 was spent selling off all his land and holdings in Hampton as well as his wife Jane's land in Topsfield which she had from her first husband. By 1661 Richard, Jane and his two sons John and Richard Jr. were in Nantucket. Where they were free to practice their new religion: Quaker. Francis Swaine wrote a letter to his sister Elizabeth Swaine Weare in Oct of 1662 in which he asks her to remember him to their brother John and to say that he is sorry to hear that he had become a Quaker.
 Randy A. West, "Update from English Records for Some Great Migration Immigrants Who Came by 1635", The Register, Vol. 173, (Spring 2019) 189.
Records and Files of the Quarterly Court of Essex