Josiah Rootes1

b. between 1613 and 1618, d. 3 June 1683

7th great-grandfather of Ruth Minerva Fairfield.
9th great-grandfather of Laura Jane Munson.
Family Background:
Fairfield and Allied Families
Appears on charts:
Pedigree for Ruth Minerva Fairfield
     Josiah Rootes was born between 1613 and 1618 (deposed June 1678, aged 60; aged 65).2 He married Susanna who, as his widow in 1692, was convicted of witchcraft. He died on 3 June 1683 in Beverly, Essex County, Massachusetts.3
     
     Josiah Rootes of Great Chart, Kent, England, was among the passengers on the Hercules of Sandwich, John Witherley, Master, bound for "the plantation called New England in America," in the spring of 1634/5. He had taken the oath of allegiance and supremacy at Great Chart, and received his certificate from Robert Gorsham, curate of Great Chart, on 20 March 1634/35. The Hercules of Sandwich is probably the same as the Hercules of Dover mentioned by Winthrop as being here in the summer.4

     Josiah settled in that part of Salem, called the Cape Ann side or Bass River side, that was set off in 1668 as the town of Beverly. He was admitted to the Salem church 13: 6m: 1648,5 was freeman 1649/50,6 served on the grand jury in 1665,7 and was one of the founders of the Beverly church in 1667.8 He owned in Beverly a "great estate...from the sea, on both sides of Cabot Street, nearly down to Bartlett Street."9

     The use of abbreviated given names in early records has led to some confusion. He appears on the passenger list as "Jos. Rootes," and is called Joseph in some accounts. Furthermore, there were six Rootes/Roots children, and only six, who were baptized at First Church in Salem, five as sons and daughters of Joseph, the mother's name not stated, and one with neither parent stated.10 With the exception of Josiah [Jr.], who isn't named in his (presumed) father's 1683 will,11 and who likely died young, those names are identical to the proven children of Josiah, four being named in his will, and one, Susanna, having testified on her father's behalf in a 1670 court case.12 "Joseph Rootes" appears infrequently in the Records and Files of the Quarterly Courts of Essex County, and all but two instances can reasonably be considered, though not proven, as mistakes. (It appears there may have been a Joseph Rootes in Topsfield, as he appears as not having paid town charges on two separate lists).

     From a 1683 court battle over ownership of some land in Salem, we learn that Josiah had a brother Thomas, almost certainly a brother Richard, and that their mother was very likely Emme Mason, a widow who appears as "Em. Mason of Eastwell [Kent] wid" on the Hercules passenger list immediately following Josiah. Thomas and Richard aren't on the Hercules list, but in 1636, they and Emme Mason were each granted twenty acres of land in Salem.13 As Richard appears only briefly in the Salem court records, he may have died early on. Emme died 26 May 1646 leaving a small estate that was divided among her unnamed children, the oldest son receiving a double share. The inventory doesn't include the twenty acres.14 By some fashion, however, Thomas ended up with Emme's and Richard's land, and it was those sixty acres that were the subject of the aforementioned litigation, a summary of which follows.

     On 20 June 1655, Josiah's brother Thomas conveyed by deed of gift, the sixty acres to his nephew, Josiah's son Thomas. On 26 February 1660, Josiah sold his son's land to Henry Kenny (Keene or Kenney). In September 1683, in Thomas Rootes of Boston, mariner v. Henry Kenny of Salem, by which Thomas sought to recover the sixty acres, "Susanna (—?—) (Rootes) certified that her husband sold her son Thomas's land to Keyny and had not left Enough to satisfy him for it..."15 She was referring to Josiah's will by which he left Jonathan his entire estate after small legacies were paid to Jonathan's older siblings. Thomas recovered twenty acres, but the ruling was later reversed.16

Additional Data
Josiah Rootes was admitted to the Salem Church 13 (6) 1648 (13 August 1648).5

Court held at Salem, 18 : 12 : 1645 (Salem Quarterly Court). Josiah Rootes of Salem, drummer, fined 10s. for being over-taken in drink at the last exercise of the artillery in Salem, which was publicly known to the bench.17

Court held at Salem, 6 : 5 : 1647 (Salem Quarterly Court). Josiah Rootes petitioned for remission of artillery fine.18

Josiah Rootes was sworn freeman on 26 February 1649/50 at Salem.6

Court held at Salem, 26 Jun 1660 (Salem Quarterly Court). Writ: Josiah Roots v. William Pitts; trespass in building a house upon plaintiff's land and digging clay without said Roots' knowledge or consent; dated, Apr. 2, 1660; signed by Hillyard.19

Court held at Ipswich, Sept. -, 1661 (Salem Quarterly Court). Josiah Rootes v. Thomas Chubb. Defamation. Saying that plaintiff had stolen his timber and some of his tools, with other words of reproach, etc. (Writ, dated, 9: 9: 1661, signed by Hillyard Veren for the court, and served by Benjamin Balch, constable of Salem, by attachment of the house and land of defendant.20

At Salem Quarterly Court in June 1676, reference was made to an agreement reached 28: 6: 1665 ( 28 August 1665) by the following inhabitants of the field on Cape Ann side (Beverly): William dickse, Samuel Corning, Josiah Roots, sr., Thomas Pickton, John Galley, henery Bayley, John lovet, jr., Thomas Tuck, Richard Stackhouse, hugh Woodbury by William dixey, William hoare by John Galleys, Richard haines, Thomas Chub, John Stone (or his son John Stone), and Raph Ellingwood.21

Court held at Salem, 28: 9: 1665 (Salem Quarterly Court). Grand jury: Mr. Henry Bartholimew, Barth. Gidney, Jon. Dodg, sr., Antho. Ashby, Nath. Putnam, Jisiah Rootes, Edw. Humber, Samll. Daliver, Nicho. Vinson, Will. Charles, Hen. Collins, sr., Allen Bread. sr., Jon. Witt, Hen. Roades and Mr. Charles Gott.7

Court held at Salem, 27: 9: 1666 (Salem Quarterly Court). Salem presentment. Wit: Henry Herrick, sr., Josiah Rootes, sr., and John Lovett, jr. John Loveit deposed that he saw said Dove go along the country way reeling and staggering like a drunken man. Sworn in court.22

Josiah Rootes was one of the founders of the Beverly Church in 1667.8

Joseph Harris appealled a 1669 verdict in favor of "Josiah Roote," who Harris had accused of stealing a calf. Harris appealled the judgement, and in March 1670, the former judgement was confirmed by the Ipswich Quarterly Court. Several of the depositions, all sworn to on 24 November 1669, are of particular interest:
Susanah Haskin, wife of Roger Hoskin, aged about twenty-two years, testified that she had helped to put this heifer into the house for her father Josiah Roote and she heard this heifer bleat down at Joseph Harris' house, etc.

John Lovet, jr., aged about thirty-two years, deposed about the marks, and that he helped his father Roote put the heifers over to Rialle side, etc.

Goody Lovet, wife of John Lovet, deposed that her father Josiah Roote, etc.12
25 June 1677, Beverly, "In obedians to a law of the honored Jenerill Corte they made choise of ten men to inspecte thar naibours to prevente as much as may be, privet tipling and Drunckenness," whose names be as followeth: Wm. Dodge, Robt. Bradford, Humph. Woodbury, Josiah Root, Robert Heberd, Nath. Hayward, Exsersis Conant, John Hill, Richard Ober, John Dodge.23

When several neighbors came under suspicion of receiving stolen goods from Mr. Hale's maid, Margaret Lord, Josiah Rootes complained to the court in a written statement dated 25 June 1678, that "for neare twenty years together we haue ben Aflicted by hauing owr goods stollen At sundri time And we not Abell To make due profe haue ben forsed To sufer owr seuellfes To be wrownged in estat And name: And god by his prouidens hauing latlie discouered sum of Theas wokes of darknes wee Judg yt. To be owre duty To speake in vindicasion of Truth and Conuictccion of sine.... He deposed in Salem Court that same month, aged about 65, and again, aged about 60, as did his wife "Susanah Roots, aged about forty-eight years..." Their son "Jonathan Rootes, aged about thirteen years, affirmed..." Among those who testified were Abigell Stone, jr., Abigall Ston, sr., John Lovet, jr. and Bethiah Lovet. Click here to read the entire (very interesting) case file published in the Records and Files of the Quarterly Courts of Essex County, vol. VII, available on line as part of the "Salem Witch Trials Documentary Archive and Transcription Project." For anyone not interested in reading the entire case file, the Josiah Rootes complaint begins here, and the aforementioned depositions and testimonies follow.24

In his will dated 15 May 1683, Josiah Rootes "of the towne of Beverly" leaves his entire estate to his son Jonathan after legacies are paid to his other children, Bethiah, John and Thomas. He leaves the use and care of his estate in the hands of his wife Susanna, who he names executrix, until Jonathan comes of age, after which, Jonathan is charged with his mother's maintenance so long as she remains a widow.25 On 26 June 1683 Susanna Roots, widow of Josiah Roots, of Beverly, deceased, renounced the executorship of her husband's will at court in Salem saying that she had "many weaknesses and infirmities of old age and and [sic] could not serve as executor." The court appointed John Hill and Nehemiah Grover to bring in an inventory as soon as possible, and the inventory was sworn to on 6 July 1683. (Andrew Elliot who would, in 1692, accuse Susanna Rootes of witchcraft, was one of the appraisers).26

Children of Josiah Rootes and Susanna (—?—) (Rootes)

Citations

  1. [S215] James Savage, A Genealogical Dictionary of the First Settlers of New England, Showing Three Generations of Those Who Came Before May, 1692, on the Basis of Farmer's Register, 4 vol. (Boston: n.pub., 1860-62; reprint Baltimore: Genealogical Publishing Co., 1994), 3: 574.
  2. [S855] George Francis Dow, ed., Records and Files of the Quarterly Courts of Essex County, 9 vols. (Salem: Essex Institute, 1911-1973). Transcribed and Abstracted from the Original Manuscript by Harriet S. Tapley, VII: 51.
  3. [S855] George Francis Dow, Records and Files of the Quarterly Courts of Essex County, IX: 67.
  4. [S853] Samuel G. Drake, Result of Some Researches Among the British Archives for Information Relative to the Founders of New England: Made in the Years 1858, 1859 and 1860 (n.p.: H.W. Dutton and Son, Printers, Transcript Office, 1860; reprint Baltimore: Genealogical Publishing Co., 1963), 84.
  5. [S209] Charles Henry Pope, The Pioneers of Massachusetts, A Descriptive List, Drawn from Records of the Colonies, Towns and Churches, and other Contemporaneous Documents (Boston: n.pub., 1900; reprint Baltimore: Genealogical Publishing Co., 1998).
  6. [S855] George Francis Dow, Records and Files of the Quarterly Courts of Essex County, I: 183.
  7. [S855] George Francis Dow, Records and Files of the Quarterly Courts of Essex County, III: 281.
  8. [S215] James Savage, A Genealogical Dictionary of the First Settlers of New England.
  9. [S854] Frederick A. Ober, "Beverly," in History of Essex County, Massachusetts. : with biographical sketches of many of its pioneers and prominent men. (Philadelphia: J.W. Lewis and Co., 1888), 767.
  10. [S852] Essex Institute, Vital Records of Salem, Massachusetts to the End of the Year 1849 (Salem: Newcomb & Gauss, Printers, 1916-1925).
  11. [S855] George Francis Dow, Records and Files of the Quarterly Courts of Essex County, IX: 66, 67.
  12. [S855] George Francis Dow, Records and Files of the Quarterly Courts of Essex County, IV: 216, 217.
  13. [S855] George Francis Dow, Records and Files of the Quarterly Courts of Essex County, VIII: 87.
  14. [S855] George Francis Dow, Records and Files of the Quarterly Courts of Essex County, I: 104, 105.
  15. [S855] George Francis Dow, Records and Files of the Quarterly Courts of Essex County, VIII: 87, 88.
  16. [S855] George Francis Dow, Records and Files of the Quarterly Courts of Essex County, VIII: 425.
  17. [S855] George Francis Dow, Records and Files of the Quarterly Courts of Essex County, I: 92.
  18. [S855] George Francis Dow, Records and Files of the Quarterly Courts of Essex County, I: 118.
  19. [S855] George Francis Dow, Records and Files of the Quarterly Courts of Essex County, II: 223.
  20. [S855] George Francis Dow, Records and Files of the Quarterly Courts of Essex County, II: 324, 325.
  21. [S855] George Francis Dow, Records and Files of the Quarterly Courts of Essex County, VI: 147.
  22. [S855] George Francis Dow, Records and Files of the Quarterly Courts of Essex County, III: 382.
  23. [S854] Frederick A. Ober, "Beverly", 689.
  24. [S855] George Francis Dow, Records and Files of the Quarterly Courts of Essex County, VII: 42-54.
  25. [S855] George Francis Dow, Records and Files of the Quarterly Courts of Essex County, IX: 66. 67.
  26. [S855] George Francis Dow, Records and Files of the Quarterly Courts of Essex County, VIII: 66, 67.
  27. [S852] Salem VR (published), citing church record, First Church.