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\ 





• TRACY- W- 
•A^PGREGOR- 



THIS BOOK IS FROM A GIFT OF 

MoGRBQOR FUND TO THE 

GENERAL COLLECTION 

OF THE ALDERMAN LIBRARY 



PUBLICATIONS 

or 

C^e Colonial ^ocfett of iS^a»mW^ttt» 



TBANSACTIONS 
1902-1904 



Committee of publttation* 



JOHN KOBLE. 
ALBERT MATTHEWS. 
HENRY HERBERT EDES. 
CHARLES ARMSTRONG SNOW. 
FRANCIS APTHORP FOSTER. 



COitor of publicationd* 

ALBERT MATTHEWS. 




.VAr^^v-.'/-*'*" .'Art/zv 




Af»fff a ^^t/ta*/ Arm ///< 



r:t)r 



€: 







PUBLICATIONS 



OF 



Ct)e Colonial g>octet^ of ^^siutl^ustttsi 



Volume VIII. 



TRANSACTIONS 

I 902- I 904 




• I • 



BOSTON 

PUBLISHED BY THE SOCIETY 

1906 



AU626-41 



341585 



CSnibetstts ^tm : 
John Wilson and Son, Cambridge, U.S.A. 



PEEFACE. 



T rOLUME VllL, now issued, contains the Transactions of 
^ the Society at thirteen Stated Meetings, from November, 
1902, to November, 1904, both inclusive, in continuation of 
Volume VII. 

The papers in this book cover a variety of subjects, as 
usual, and are an indication of the scope of the Society's work. 
Among the longer and more elaborate communications are 
those upon: the Confiscation Laws of Massachusetts; the 
Origin of Congregationalism ; the Rev. Josse Glover and the 
Book of Sports; Admiralty Jurisdiction in the Colony and 
the Province of the Massachusetts Bay ; the Use of the term 
State House ; the word Palatine in America ; the word Park 
in the United States ; original matter relating to Franklin, 
and to Washington ; the Ten-Shilling Bill of the Provincial 
Currency, and Samuel Sewall and "Angels ;" the Rev. George 
Burdett, who came to Salem in 1635 ; and Joyce Junior, the 
somewhat noted character of Revolutionary days. 

There are many briefer papers, among them : Some Inci- 
dents in the Battle of the Brandywine; the Indian Attack 
on Saco and Cape Porpoise in 1689; the propounding by 
Richard Saltonstall to the Governor and Council of a candi- 
date for third President of Harvard College; the Will of 
Edward Jackson, the ancestor of many prominent Boston 
families; and the Bible Record of Governor Shirley. 

There are various letters and series of letters: of James 
Martineau and James Russell Lowell to the Rev. Dr. William 
Henry Fumess ; of Nathaniel Walker Appleton to Eliphalet 



VI PBEPACB. 

Pearson; of Joseph Parker, one of the founders of Andover; 
of Christopher Holder to the Governor, Magistrates, and 
People of the Massachusetts Bay, touching the persecution 
of the Quakers ; of the Rev. Benjamin Colman to one of his 
parishioners and to the Rev. Francis Foxcroft; of John 
Washington, John Augustine Washington, and Judge Bush- 
rod Washington as to the Williamsburg Declaration of 
Rights of June, 1776, and some matrimonial incidents in the 
Washington family; and of Increase Mather about a trial 
of an offender "frequenting the College contrary to lav^;** 
and many documents: from the papers of Richard Clarke, 
one of the Consignees of the Tea; depositions bearing on 
the Pemaquid land controversies ; a deed of John Alden ; and 
copies of obituary verses on the death of Increase Nowell in 
1655, of Governor Endicott in 1665, and of Henry Withing- 
ton in 1666. All these are elucidated by notes. 

Tlie book also contains tributes to the memory of Joseph 
Williamson, of John Wilson, of Chief-Justice John 
Andrew Peters, and of Henry Dwight Sedgwick; and 
Memoirs of George Otis Shattuck, by Edward Henry 
Hall, and of William Crowninshield Endicott, by Joseph 
Hodges Choate. 

With a single exception, all the illustrations of this book 
have been engraved expressly for it by Mr. Elson. 

With the eflBcient aid of the Editor, the prompt pub- 
lication of the Transactions of the Society is now assured, 
and Volume X., bringing the record down to date, is already 
well advanced, and a serial will be issued shortly. 

Volumes II., IV., and IX., reserved for Collections, are 
in preparation, and it is expected that at least one of them 
will be published during the year. 

For the Committee of Publication, 

John Noble, 

Chairman. 
fiosTON, 81 March, 1906. 



TABLE OF CONTENTS. 



pAoa 

Preface v 

List of Illustrations xiii 

Officers Elected 21 November, 1906 xv 

Resident Members xvi 

Honorary Members xviii 

Corresponding Members xviii 

Members Deceased xix 

ANNUAL MEETING, NOVEMBER, 1902. 

Report of the Council 1 

Report of the Treasurer 4 

Report of the Auditing Committee 5 

Officers Elected 6 

Annual Dinner 6 



Memoir of George Otis Shattuck, by Edward Henrt Hall . . 7 

DECEMBER MEETING, 1902. 

Tribute to Joseph Williamson, by Henrt Herbert Edes ... 18 

Paper by Albert Matthews, on the Term State House .* . . . 14 
Remarks by John Noble, in communicating a Letter of the 

Reverend Increase Mather, dated 1 September, 1685 . . 26 
Remarks by Henry Winchester Cunningham, on Lieutenant 

Jonathan Remington 28 

Members Elected 29 

Memoir of William Crowninshield Endicott, by Joseph Hodges 

Choate 30 



Till TABLE OF CONTENTS. 



JANUARY MEETING, 1908. 

PAOB 

Paper by Andrew McFarland Datis, on the Confiscation Laws 

of Massachusetts 50 

Communication by Worthington Chauncet Ford, of a Letter of 

Christopher Holder, dated 1 September, 1B59 72 

Remarks by John Noble, on Lieutenant Jonathan Remington . • 75 

Remarks by Henrt Winchester Cunningham, on Colonel John 

Glas Sandeman 76 

Members Elected 77 

FEBRUARY MEETING, 1908. 

Communication by Denison Rogers Slade, 6f Documents drawn 

from the Papers of Richard Clarke, 1762-1774 78 

Exhibition by Denison Rogers Slade, of a Handbill signed Joyce 

Junior, Chairman of the Committee for Tarring and 

Feathering, 1774 89 

Paper by Albert Matthews, on Joyce Junior 90 

Remarks by John Noble 104 

Communication by John Noble, of Documents relating to Land 

Controversies in Maine, 1736-1770 104 

Exhibition by Andrew McFarland Davis, of a photographic 

copy of a unique form of Writ used in the Land Bank Cases 117 
Exhibition by Albert Matthews, of a parchment containing the 

Articles and Names of Members of a Society of Young Men 
, mutually Joining together in the Service of God, formed at 

' Dorchester, 25 December, 1698 117 

Remarks by Henrt Herbert Edes, on a Petition to Cromwell in 

1655 from William Franklin 118 

Communication by Henrt Herbert Edes, of a Letter of John 

Washington, dated 2 July, 1780 118 

Members Elected 121 



MARCH MEETING, 1908. 

Paper by Charles Enowles Bolton, on an Incident of the Battle 

of the Brandy wine 122 



TABLE OF COISTSSTB. IZ 

PAOB 

Communication by Edmund Mabch Whsslwbioht, of a copy of 
a Letter dated 25 April, 1689, relating to an Indian attack 

on Saco and Cape Porpoise 127 

Remarks by Hekbt Winchester Cunningham 128 

Remarks by Hbnrt Herbbbt Edes 130 

Exhibition by Andrew McFarland Dayis, of a photographic copy 

of a Resolve of the General Court, 1725 180 

Gift from Norton Folsom, of a Petition of Amy McEean, dated 

11 June, 1818 181 

Conununication by Hbnrt Herbert Edes, of a Letter of Joseph 

Parker, dated 1648 or 1649 131 

Members Elected 132 

APRIL MEETING, 1908. 

Committee to Nominate Officers appointed 133 

Committee to Examine the Treasurer's Accounts appointed . . . 133 

Gift from Horace Davis, of One Hundred Dollars 133 

Gift from the Executors of the Estate of Robert Charles Billings, 

of Ten Thousand Dollars 133 

Votes accepting this Gift . .- 134 

Minute, expressing appreciation of the services rendered by 

Thomas Minns 134 

Communication by Horace Howard Furness, of Letters of James 

Martineau, 1836-1890, and of Letters of James Russell 

LoweU, 1879-1889 134 

Paper by Albert Matthews, on the Term Red Man 149 

Paper by John Noble, on Admiralty Jurisdiction in the Colony 

and in the Province of the Massachusetts Bay 150 

Communication by Hbnrt Herbert Edes, of Memoranda concerning 

Joseph Boucher de Niverville 186 

Members Elected 186 

ANNUAL MEETING, NOVEMBER, 1908. 

Letter of John Hat, accepting Honorary Membership .... 187 

Report of the Council 188 

Tribute to John Wilson 189 

Report of the Treasurer 190 

Report of the Auditing Committee 192 

Officers Elected 192 



X TABLE OF CONTENTS. 

pAoa 
Remarks by John Noble, in commuDicating a Document by 
Richard Saltonstall propounding a Candidate for the Presi- 
dency of Harvard College, 1672 198 

Communication by Henrt Hebbert Edes, of a Deed from John 

Alden to Captain Jonathan Alden, dated 1 January, 1684-85 198 
Members Elected 201 

Annual Dinner 201 



DECEMBER MEETING, 1903. 

Communication by Henrt Ainsworth Parker, of a Letter of 

Muriel (Sedley) Gurdon, dated 4 April, 1686 202 

Paper by Albert Matthews, on the Word Palatine in America 208 

Communication by Worthington Chauncet Ford, of Verses on 
the Death of Increase Nowell in 1655, of Governor John 
Endicott in 1665, and of Henry Withington in 1666, and of 
the Epitaph of William Pole, 1675 224 

Communication by Henrt Herbert Edes, of a Letter of Benedict 

Arnold, dated 15 July, 1778 234 

Exhibition by William Coolidge Lane, of a copy of the 1711 

edition of Henry More's Enchiridion Ethicum 235 

Remarks by President Eittredge 235 

JANUARY MEETING, 1904. 

Tribute to Henry Dwight Sedgwick, by Charles Sedgwick Racke- 

MANN 237 

Communication by Charles Enowles Bolton, of a Memorandum 

from the Family Bible of Governor William Shirley . . . 243 
Communication by Charles Enowles Bolton, of a Letter of 

Benjamin Franklin, dated 12 April, 1750 245 

Communication by Henrt Herbert Edes, of a Letter of the 

Reverend Benjamin Colman, dated 17 February, 1700-01 . 246 
Extract read by Henrt Ainsworth Parker, relating to a Memorial 

from the Customer of London, 1636 250 

Communication by John Noble, of the Will of Edward Jackson, 

1681 .250 

Paper by John Noble, on Posy-rings 260 

Members Elected 264 



TABLE OF CONTENTS. Zl 

FEBRUARY MEETING, 1904. 

TASm 

Remarks by President E^tttbedoe, on the study of Alchemy in New 

England 265 

Remarks by John Noble, on Washington's Visits to Boston . . 265 

Commanication by Henrt Hebbebt Edbs, of a Letter of John 
Aogustine Washington, dated 1 June, 1776, and of a Letter 
of Bushrod Washington, dated 18 March, 1778 .... 267 

Communication by Hbnbt Hebbebt Edes, of a sheet containing 

A New Song and The Grand Constitution 271 

Paper by Albebt Matthews, on some Sobriquets applied to Wash- 
ington 275 

Remarks by Albebt Matthews, on early Protests against Slavery 

in Massachusetts 287 

Exhibition by Andbew McFablakd Dayis, of photographic copies 

of three forms of Writs used in the Land Bank Cases . . 289 

Remarks by William Coolidge Lane, in communicating Letters 

of Nathaniel Walker Appleton, 1778-1784 289 

Members Elected 824 

MARCH MEETING, 1904. 

Communication by HEmtT Winchesteb Cunningham, of Verses 

derogatory of Benjamin Faneuil 825 

Paper by Edwabd Henbt Hall, on the Origin of Congregationalism 826 

Paper by Henbt Ainswobth Pabkeb, on the Reverend Josse 

Glover and the Book of Sports 838 

Communication by Henbt Hebbebt Edes, of a Letter of the 

Reverend Benjamin Colman, dated 15 May, 1747 .... 852 

Gift from Hobacb Howabd Fubness, of a reprint of the New- 
England Weekly Journal of 8 April, 1728 858 

Remarks by Andbew McFabland Davis, in exhibiting a photo- 
graph of a Provincial Ten Shilling Bill, 1718 358 

APRIL MEETING, 1904. 

Committee to Nominate Officers appointed 857 

Committee to Examine the Treasurer's Accounts appointed . . . 857 
Tribute to John Andrew Peters, by President Kittbedge . . . 357 



XU TABLE OF CONTENTS. 

PAOB 

Communication by Fbedkbick Jackson Tubneb, of Documents 

elucidating Blount's Conspiracy, 1795-1797 857 

Paper by Henbt Ainswobth Pabkeb, on the Reverend George 

Burdett 858 

Paper by Albebt Matthews, on the Word Park in the United 

States 878 

ANNUAL MEETING, NOVEMBER, 1904. 

Report of the Council 400 

Report of the Treasurer 402 

Report of the Auditing Committee 408 

Officers Elected 404 

Vote, accepting the Gift of Five Thousand Dollars from Sarah 

Moody Toppan 404 

Votes, amending the By-Laws 405 

Annual Dinner 405 

Index 407 



UST OF ILLUSTRATIONS. 



PAOB 

FoBTRAiT 09 WiLLiAM Crowninshield Endicott • . • Frontispiece 

PORTBAIT OF GeOBGE OtIS ShATTUCK 6 

Portrait of Joseph Williamson 12 

Facsimile of a Letter of Christopher Holder, dated 

1 September, 1659 72 

Facsimile of the original draught of the Letter of the 
Consignees of the Tea to the Town of Boston, dated 
18 November, 1773 86 

Facsimile of a ELindbill signed Joyce Janior, Chairman of 

THE Committee for Tarring and Feathering, 1774. . • 88 

Facsimile of a unique form of Writ used in the Land Bank 

Cases 116 

Facsimile of a Resolve of the General Court, 1725 . . . 130 

Facsimile of a Page of the Family Bible Record of 

Governor William Shirley 242 

Portrait of Eliphalet Pearson 290 

Facsimile of a Provincial Ten Shilling Bill, called an 

Angel, 1713 . 352 



[xiu] 



COUNCIL 



OF 



Cl^e Colonial ^ocittv of iS^antiattiUfitttn. 

Elected 21 Novembeb, 1905. 



GEORGE LYMAN EITTREDGE, LL.D Cambridge. 

WILLIAM WATSON GOODWIN, D.C.L Cambridgb. 

Hon. MARCUS PERRIN KNOWLTON, LL.D. . . . Springfield. 

HENRY WINCHESTER CUNNINGHAM, A.B. . . . Manchester. 

JOHN NOBLE, LL.D Boston. 

HENRY HERBERT EDES, Esq Cambridge. 

FREDERICK LEWIS GAY, A.B Beooklixb. 

Rev. EDWARD HENRY HALL, D.D Cambridge. 

THORNTON KIRKLAND LOTHROP, A.M Boston. 

Hon. JOHN LATHROP, A.M. Boston. 

^tiitot of |ptililicacioii]f* 
ALBERT MATTHEWS, A.B Boston. 



RESIDENT MEMBERS, 

IN THE ORDER OF THEIR ENROLMENT. 



*Benj^min Apthobf Gould, LL.D.,F.R.S. 
♦Hon. John Lowell, LL.D. 
♦Hon. Leverett Saltonstall, A.M. 

William Endicott, A.M. 

Henby Herbert Edes, Esq. 
♦John Chester Inches, Esq. 
♦Daniel Dbnison Slade, M.D. 
♦James Bradley Thaykr, LL.D. 

Andrew McFarland Davis, A.M. 

William Watson, Ph.D. 

Henry Winchester Cunningham, A.B. 

GusTAYus Arthur Hilton, LL.B. 

Henry Ernest Woods, A.M. 

Charles Sedgwick Rackemann, A.M. 

Abner Cheney Goodell, A.M. 

George Wigglesworth, A.M. 

Hon. Francis Cabot Lowell, A.B. 

Waldo Lincoln, A.B. 
♦Samuel Wells, A.B. 

William Watson Goodwin, D.C.L. 
♦George Silsbee Hale, A.M. 
♦Joshua Montgomeby Seabs, A.B. 
♦Hon. John Fobrester Andrew, LL.B. 
♦Edward Wheelwright, A.M. 
♦Samuel Johnson, A.M. 
♦Henry Fabreb Quincy, M.D. 
♦William Gobdon Weld, Esq. 

Moses Williams, A.B. 
♦James Mills Peibce, A.M. 

Chables Montbayille Gbeen, M.D. 
♦Henby Williams, A.B. 
♦Philip Howes Seabs, A.M. 



♦Hon. Fbancis Amasa Walkbb, LL.D. 
♦Fbancis Yebgnies Balch, LL.B. 

Geobgb Lyman Kittbedgb, LL.D. 
♦Geobge Mabtin Lane, LL.D. 

James Babb Ames, LL.D. 

Hon. Chables Wabbbn Cliftobd, A.M. 

Augustus Hemenway, A.B. 

Gabdineb Mabtin Lane, A.B. 
♦Robebt Noxon Toppan, A.M. 
♦Edwabd Wiggleswobth, M.D. 

Nathanibl Paine, A.M. 

Frbdebick Lewis Gay, A.B. 

John Noble, LL.D. 

Samuel Lothbop Thobndike, A.M. 
♦Hon. Fbedebick Lothbop Ames, A.B. 
♦Hon. Dabwin Ebastus Wabe, A.M. 

Chables Augustus Chase, A.M. 

Chablbs Fbancis Choate, A.M. 
♦Francis Pabkman, LL.D. 
♦Hon. Mabtih Bbimmeb, A.B. 

Chables Pickbbing Bowditch, A.M. 

Hon. Geobge Fbedebick Williams, A.B. 

Walteb Cabot Baylies, A.B. 

Fbank Bbewsteb, A.M. 

♦SiGOUBNEY BUTLEB, LL.B. 

Stanley Cunningham, A.B. 
♦Hon. James Walkeb Austin, A.M. 

Hon. RicHABD Olney, LL.D. 

Fbancis Henby Lincoln, A.IC. 
♦William Cboss Williamson, A.M, 

Samuel Swett Gbeen, A.M. 
♦Hon. William Eustis Russell, LL.D. 



[XYi] 



BESmSKT MEMBBB8. 



XVU 



Frakkiin Cabtbr, LL.D. 
♦Hon. Roger Wolcott, LL.D. 

Hon. John Lathbop, A.M. 
♦Rev. Charles Carroll Eyerett, D.D. 
♦Hon. Jambs Madison Barker, LL.D. 
*R6T. Edward Grifvin Porter, A.M. 
*Hon. William Crowninshield Endicott, 
LL.D. 

George Lincoln Goodale, LL.D. 
♦Rev. Joseph Henrt Allen, D.D. 

Hon. Edward Francis Johnson, LL.B. 

George Fox Tucker, Ph.D. 
*Gboroe Otis Shattuck, LL.B. 

Edmund March Wheelwright, A.B. 

William Taggard Piper, Ph.D. 
*Hbnrt Dwight Sedgwick, A.B. 

Robert Tilunghast Babson, LL.B. 

George Nixon Black, Esq. 

Datid Rice Whitnet, A.M. 

Rev. Arthub Lawbence, D.D. 

Chables Hbnbt Dayis, A.B. 
*£dwabd William Hoopeb, LL.D. 
*Hbnbt Walbbidge Taft, A.m. 

Hon. John Eliot Sanfobd, LL.D. 

Nathaniel Cushing Nash, A.M. 

Rev. Henbt Ainsworth Pabkeb, A.M. 
*John Elbbidge Hudson, LL.B. 

Lindsay Swm, A.B. 

Chables Fbank Mason, A.B. 

RiCHABD Middlecott Saltonbtall, A.B. 

Albebt Matthews, A.B. 

Andbew Cunningham Wheelwbight, 
A.M. 

Charles Abmstbong Snow, A.B. 

Thomas Minns, Esq. 

Chables Goddabd Weld, M.D. 

WiLLL&M COOLIDGE LaNB, A.B. 

Louis Cabot, A.B. 

Hon. WiLLUM Cushing Wait, A.M. 

Hon. Jebbmiah Smith, LL.D. 



John Eliot Thatbb, A.B. 
^Augustus Lowell, A.M. 

Dbnison Rogebs Sladb, Esq. 
*James Bbadstbeet Gbeenough, A.B. 

Chables Knowles Bolton, A.B. 

James Ltman Whitnet, A.M. 

Abthub Theodobe Ltman, A.M. 

Fbbdebic Haines Cubtiss, Esq. 

Re?. Edwabd Henbt Hall, D.D. 

Rev. Edwabd Hale, A.B. 

Henbt Lee Higginson, LL.D. 
*Chables Gbbelt Lobing, A.m. 

Abthub Richmond Mabsh, A.B. 

Geobge Yasmeb Leyebett, A.M. 

Hon. James Madison Mobton, LL.D. 

James Atkins Notes, A.B. 

Hon. Mabcus Pebbin Knowlton, LL.D. 

ReY. James Habdt Ropes, D.D. 

ReY. Mobton Dexter, A.M. 

Francis Apthobp Fosteb, Esq. 

Hon. Fbancis William Hubd, A.M. 

Ezra Riplet Thateb, A.M. 

John Noble, Jb., A.B. 

Hon. Winthbop Mubbat Cbane, LL.D. 

Thobnton Kibkland Lothbop, A.m. 

Winthbop Howland Wade, A.M. 

Augustus Peabodt Lobing, A.B. 

Fbancis Blake, A.M. 

Thobnton Mabshall Wabs, A.B. 

Adams Shebman Hill, LL.D. 
*James Read Chadwick, M.D. 

Fbancis Henbt Lee, Esq. 

HoBACE Eyebbtt Wabe, A.B. 

Elias Hablow Russell, Esq. 

James Boubne Ateb, M.D. 

Thomas Jbffebson Coolidge, Jr., A.B. 

James Willson Bbooks, A.M. 

WiLUAM Vail Eellen, LL.D. 

Robebt Dickson Weston-Smith, A.B. 

Henbt Lepayoub, LL.D. 



HONORARY MEMBERS. 



Hon. MxLviLLE Weston Euller, LL.D. 
*Hon. Edwabd John Phelps, LL.D. 
Hon. GsoYSB Cleveland, LL.D. 
Hon. Joseph Hooges CuoATSy D.G.L. 



*Hon. James Cooudoe Cabtbb, LL.D. 
Simon Newcomb, D.C.L., F.R.S. 
*Samuel Piebpont Langlbt,D.C.L.,F.R.S. 
*Hon. John Hat, LL.D. 



CORRESPONDING MEMBERS. 



♦Hon. Joseph Williamson, Litt.D. 

John Fbanklin Jameson, LL.D. 

Hon. Simeon Eben Baldwin, LL.D. 

Edward Singleton Holden, LL.D. 
*Hebbebt Baxteb Adams, LL.D. 

Hon. Horace Datis, LL.D. 

Wilberporce Eames, A.M. 

B«v. William Jewett Tucker, LL.D. 

Hon. Joshua Lawbbnce Chamberlain, 
LL.D. 

Franklin Bowditch Dextbr, Litt. D. 

Hon. James Burrill Angbll, LL.D. 

EeT. George Park Fisheb, LL.D. 

Edward Field, A.B. 
*Hon. John Andrew Peters, LL.D. 

*J0HN HOWLAND RiCKETSON, A.M. 

Daniel Coit Gilman, LL.D. 
Frederick Jackson Turner, Ph.D. 
Rev. William Reed Huntington, D.D. 
George Parker Winship, A.M. 
Wolcott Gibbs, LL.D. 



Hon. James Phinnet Baxter, Litt.D. 

Arthur Twining Hadley, LL.D. 

Hon. John Chandler Bancroft Davis, 

LL.D. 
*Mo8Es CoiT Ttler, LL.D. 

John Shaw Billings, D.C.L. 

Horace Howard Fubnbss, LL.D. 
*Gen. Joseph Wheeleb, LL.D., U. S. A. 
^Benjamin Franklin Stevens, L.H.D. 

Rev. WiLUSTON Walker, D.D. 

George Arthur Plimpton, A.B. 

Hon. William Babcock Weeden, A.M. 

Herbert Putnam, LL.D. 

Worthington Chauncet Ford, Esq. 

Rev. John Carroll Perkins, D.D. 

Clarence Winthrop Bowen, Ph.D. 

Appleton Prentiss Clark Gripfin, Esq. 

Rev. James Eells, A.B. 

William Logan Rodman Gipford, A.B. 

Robert Hallowell Gajldiner, A.B. 



[xviii] 



MEMBERS DECEASED. 

Members who heme died since the publication of the preceding volume 
of Tyansactiom, toith the Date of Death. 

Jambs Read Chadwick, M.D 24 September, 1905. 

Jambs Madison Barker, LL.D 3 October, 1905« 

Jambs Mills Peirce, A.M 21 March, 1906. 

|)oii0tatp« 

Samuel Pierpont Lanolet, D.C.L., F.R.S. . 27 February, 1906. 

Gen. Joseph Wheeler, LL.D., U.S.A. . . 25 January, 1906« 



[xiz] 



TRANSACTIONS 
I 903 -I 904 



TKANSACTIONS 



OF 



THE COLONIAL SOCIETY OF MASSACHUSETTS. 



ANNUAL MEETING, NOVEMBER, 1902. 

TTHE Annual Meeting was held at the University Club^ 
-'" No. 270 Beacon Street, Boston, on Friday, 21 November,, 
1902, at six o'clock in the afternoon, the President, George. 
Lyman Kittredge, LL.D., in the chair. 

The Records of the last Stated Meeting were read and 
approved. 

The Corresponding Secretary reported that a letter had 
been received from the Hon. Francis William Hurd ac- 
cepting Resident Membership. 

The Report of the Council was presented and read by the 
Corresponding Secretary. 

REPORT OF THE COUNCIL. 

The Society held its Annual Meeting on the twenty-first of 
November, and, as usual, five Stated Meetings have since been held. 
At all these meetings valuable and interesting papers were read 
and original documents and objects exhibited. It may be noted 
that the discussions elicited by the papers have been more frequent 
and are increasing, and it may be added that the more generally 
the members stand ready to present communications, the greater 
will be the life and interest in the meetings. 



2 THE COLONIAL SOCIETY OF MASSACHUSETTS. [Nov. 

There have been added to our Roll six Resident Members, 

James Atkins Noyks, James Hardy Ropes, 

Marcus Perrin Knowlton, Francis Apthorp Foster, 

Morton Dexter, Francis William Hurd; 

and one Corresponding Member, 

Benjamin Franklin Stevens. 

During the year we have lost by death two Resident Members, 

Jambs Bradley Thayer, 
Charles Grbely Lorino; 

and one Corresponding Member, 

Benjamin Franklin Stevens. 

The Stated Meeting in February took the character of a Me- 
morial Meeting and a printed report of it, with the tributes paid 
to Mr. Thayer, has been sent to all the members. General 
Loring was a distinguished representative of one of the oldest and 
most prominent families of Boston, — a man as honorable in life as 
in lineage, who had served his country in the great crisis in its his- 
tory, and, in the later times of peace, did much for the honor and 
development of his native city as Director of the Museum of Fine 
Arts. 

In the Council Report of 1898, the importance and value of 
printing the Vital Statistics of the Massachusetts towns to 1850 
was urged. This suggestion has recently been embodied into the 
law of the Commonwealth, in Chapter 470 of the Acts of 1902, 
usually known as the Vital Records Bill. Our associate and 
former Registrar, Mr. Henry E. Woods, was a factor in securing 
this legislation, and has since been appointed by the New England 
Historic Genealogical Society editor of Vital Records. Under his 
scholarly supervision, volumes are being rapidly issued and dis- 
tributed throughout the Commonwealth. 

In more than one of the Reports of the Council the importance 
of publishing the records of the ancient churches of the Common- 
wealth has been urged. The Benevolent Fraternity of Churches 
of the City of Boston has recently done a great public service in 
printing, under the able editorship of the Rev. Henry F. Jenks, all 
the records of the Church in Brattle Square, Boston, 1699-1872. 
It is hoped that the other churches in Boston will follow the good 



1902.] BEPOBT OF THE COUNCIL. 6 

example thus set by the Fraternity and so make their archives 
easily accessible in print to many inquirers. 

In the Report of the Council at the Annual Meeting in 1894, 
the importance of printing the early Records of Harvard College 
was referred to. This suggestion also has borne fruit. During the 
present year, one of our members has made the generous offer to 
bear the expense of copying and printing so much of the College 
Records as will fill a volume of our Publications of the usual size.^ 

Besides reporting the doings of the Society for the year and its 
present condition and looking forward to its prospects, it is also 
the duty of the Council in its Report to state the Society's needs. 
The most urgent need is that of larger Publication funds. The 
Society is hampered in its work by its limited means. It cannot 
issue its Publicatioas faster than it can pay for them, and tx) keep 
free from debt is now its established policy. The generosity of 
the late President Wheelwright extricated the Society from its 
financial embarrassment a few years ago, and an increased income 
at the disposal of the Publication and Printing Committees would 
enable them to keep abreast of the work. 

A second need, less pressing but still urgent, is that of a perma- 
nent home of its own, however modest and plain. In its early 
years, the Society met by the courtesy of the American Academy 
of Arts and Sciences in the Hall of the Academy, and, since the 
Academy's removal to the Back Bay, it has been dependent for 
the last few years, by a like courtesy, upon the hospitality of the 
American Unitarian Association. For this generosity and kind- 
ness the Society feels under deep obligations to both bodies. If we 
had some place of habitation, books, portraits, photographs, en- 
gravings, manuscripts and relics of all kinds, would be given to the 
Society, which are now often offered but withheld simply for the 
reason that the Society has no proper place for their preservation. 

The fields of work, in many directions, for such a Society as this, 
the need of it, the rank it should take, the future opening before 
it if the opportunities within its grasp are fittingly improved, have 
been dwelt upon in previous reports and need not now be re-stated. 

The Reports of the Treasurer and of the Committee to 
examine the Treasurer's Accounts were then submitted, as 
follows : 

1 See Publications, yii. 319, 320. 



THE COLONIAL SOCIETY OF MASSACHUSETTS. [Nov. 



REPORT OF THE TREASURER. 

In accordance with the requirements of the By-Laws, the Treas- 
urer submits his Annual Report^ for the year ending 17 November, 
1902. 

CASH ACCOUNT. 

BECEIPTS. 

Balance, 16 November, 1901 9913.13 

Admission fees 960.00 

Annual Assessments 710.00 

Commutation of the Annual Assessment from three 

members 800.00 

Interest 1,281.89 

Sales of the Society's Publications 24.40 

Mortgages (discharged) 1,450.00 

Withdrawn from Charlestown Five Cents Savings Sank 375.00 4,201.29 

95,114.42 

DISBURSEMENTS. 

University Press : printing 91,226.63 

paper 182.38 91,409.01 

A. W. Elson & Co. : photogravure plates 

and plate printing 191.87 

Houghton, Mifflin & Co., electrotype 5.00 

Clerk hire 65.50 

Eva 6. Moore, indexing 50.00 

William F. Murray, stenography 13.50 

Merchants Parcel and Express Company 14.27 

Carter, Rice & Co., stationery 15.00 

Hill, Smith & Co., stationery 2.00 

Library Bureau, stationery 4.50 

William H. Hart, auditing 5.00 

Miscellaneous incidentals 318.92 

Deposited in Charlestown Five Cents Savings Bank . . 370.11 

Mortgages on improved Real Estate in Boston .... 2,000.00 

Interest in adjustment 10.07 4,474.75 

Balance on deposit in National Shawmut Bank of Boston 
17 November, 1902 639.67 

95,114.42 



1902.] BSPOBT OF THE TBEASUBSS. 5 

The Funds of the Society are invested as follows : 

925,300.00 in First Mortgages, payable in gold coin, on improved 
property in Boston and Cambridge; 
25.11 deposited in the Charlestown Five Cents Savings Bank. 
925,325.11 

TBIAL BALANCE. 

DEBITS. 

Cash 1639.67 

Mortgages 925,300.00 

Charlestown Five Cents Savings Bank 25.11 25,825.11 

925,964.87 
CRSDITB. 

Income 9639.67 

Publication Fund 91,000.00 

General Fund 4,325.11 

Gould Memorial Fund 10,000.00 

Edward Wheelwright Fond 10,000.00 25,325.11 

$25,964.78 

Henby H. Edes, 

Trea9urer. 
BosTow, 17 November, 1902. 

REPORT OF THE AUDITING COMMITTEE. 

The nndeisigned, a Committee appointed to examine the accounts 
of the Treasurer of The Colonial Society of Massachusetts for the 
year ending 17 November, 1902, have attended to that duty and 
report that they find them correctly kept and properly vouched, 
and that proper evidence of the investments and of the balance of 
cash on hand has been shown to us. 

George V. Leveebtt, 
F. Apthobp Foster, 

Committee. 
BosTOir, 19 Noyember» 1902. 



6 THE COLOKIAL SOCIETY OP MASSACHUSETTS. [Nov. 

The several Reports were accepted and referred to the 
Committee of Publication. 

The Rev. Edward H. Hall, on behalf of the Commit- 
tee to nominate Officers for the ensuing year, made the 
following Report : 

PRESIDENT. 

GEORGE LYMAN KITTREDGE. 

VICE-PRESIDENTS. 

WILLIAM WATSON GOODWIN. 
MARCUS PERRIN KNOWLTON. 

REOORDINQ SECRETARY. 

HENRY WINCHESTER CUNNINGHAM. 

CORRESPONDING SECRETARY. 

JOHN NOBLE. 

TREASURER. 

HENRY HERBERT EDES. 

REGISTRAR. 

FREDERICK LEWIS GAY. 

MEMBER OF THE OOUNOIL FOR THREE YEARa 

GEORGE VASMER LEVERETT. 

The Report was accepted ; and, a ballot being taken, these 
gentlemen were unanimously elected. 

The Rev. Edward H. Hall communicated a Memoir of 
George Otis Shattuck, which he had been requested to 
prepare for publication in the Transactions. 



After the Annual Meeting had been dissolved, dinner was 
served. The guests of the Society were the Rev. Dr. James 
De Normandie, and Messrs. Solomon Lincoln, Stephen Salis- 
bury, Moorfield Storey, and Winslow Warren. President 
Kittredge presided. 



t I . ' y,, I 



"■•J.I 



■ '1. • :.->■•.' 





'^ 




1902.] HEMOm OF < GEORGE OTIS SHATTUCK. 



MEMOIK 

OF 

GEORGE OTIS SHATTUCK, LL.B. 

BT 

EDWARD HENRY HALL. 



George Otis Shattuck was bom in the West Parish of 
Andover, Massachusetts, on the second of May, 1829. His an- 
cestor David Abbot had settled in Andover in 1725, and on the 
farm then opened to cultivation Mr. Shattuck spent his childhood 
and youth. An old well, which stood by the roadside till quite 
recently, marked the spot of the original house built by David 
Abbot, and was its only relic.^ 

In 1790, the granddaughter of David Abbot was married to Joseph 
Shattuck, a soldier of the Revolutionary War ; and in 1826, their 
son, Joseph Shattuck, fourth of that name, married Hannah Bailey. 
George Otis was the second of their four sons. In his early years, 
he acquired the physical vigor and out-of-door tastes belonging 
to a healthy country rearing, and retained to the end his love 
of farm life and thorough acquaintance with its conditions. 
Andover was also in its way an educational centre, and in its 
atmosphere, under the stimulating influence of his mother, who had 
been a teacher before her marriage, he formed in boyhood the 
intellectual habits which led him finally into his professional 
career. The parental guidance on both sides seems to have been 

^ For these and other details of Mr. Shattuck's life the writer is indebted 
to the very complete and interesting Memoir by Chief-Justice Holmes in 
2 Proceedings of the Massachusetts Historical Society for November, 1900, xiv. 
361-368. 



8 THB COLONIAL SOCIETY OF MASSACHUSETTS. [Nov. 

of the best New England quality, as his father held an honorable 
position in the community, and represented Andover in the Legis- 
latures of 1838 and 1889, at a time when such distinctions meant 
much more than in later years. 

In 1847 young Shattuck entered Harvard College, one of a little 
group of applicants which was wont to come to Cambridge annually 
from Phillips Andover Academy. In college he formed warm and 
lasting friendships, and had an eminently honorable career, though 
it was long before he found his true position among his classmates, 
or was recognized by the class in general at his full worth. At 
this time his social qualities had not reached their full develop- 
ment, and he held himself aloof from his companions, associating 
with but few and quite unknown to the rest. As a scholar he was 
outstripped at first by youths of more brilliant parts or more exact 
training, only to push foi-ward steadily and industriously, year by 
year, till he left nearly all competitors behind. He graduated 
among what was then called "the first eight." 

A classmate's estimate in college days is not of serious impor- 
tance in the final judgment of a man of Mr. Shattuck's steady 
development, yet it may be of interest to quote these words written 
just before graduation by one not intimate with him at the time, 
but who amused himself with recording his prophecies of the 
future distinctions awaiting the Class of 1851: 

I find that I always think of Shattack as the one, of all the mem- 
bers of the Glass, who has received least credit for his real abilities. I 
consider him as not inferior to any, — probably superior to all. He 
has always separated himself a good deal from the Class through natural 
reserve, . . . but during the last year he has been better known and more 
appreciated, though not as he should be, even then. He has some 
deficiencies* however, and I presume one reason of his not being brought 
out more is some real lack of social qualifications. I do not know him 
intimately enough to Judge. As to his intellectual qualities, however, 
there \b no doubt. He is not a brilliant scholar . • . but he has not only 
a strong, but a logical and discriminating mind, and as a writer has an 
elegant style, with no lack of imagination. He has all the elements that 
will improve by cultivation, and has Just the perseverance and judg- 
ment to be sure to develop them. His character is as sound and well- 
balanced as his mind. I look for more from him than from almost any 
other member of the Class. 



1002.] HBMOm OF OEOBGB OTIS SHATTIJGK. 9 

After graduating) in 1851, Mr. Shattuck was a teacher for a year 
in Mr. Stephen M. Weld's school in Jamaica Plain, and entered the 
Harvard Law School on the seventh of November, 1852, graduating 
in 1854. He entered at once the office of Mr. Charles 6. LoriDg 
as a student, and was admitted to the Suffolk Bar in 1855. That 
same year he formed a partnership with Mr. J. Randolph Coolidge ; 
but in 1856 he became the junior partner of the Hon. Peleg W. 
Chandler, who gave his young colleague a bountiful share of recog- 
nition and friendship. In 1870, he formed a partnership with 
Mr. William A. Munroe, with which the present Chief- Justice 
Holmes was for a time connected, which lasted during Mr. Shat- 
tack's life. 

Few professional men, I suppose, have given themselves more 
enthusiastically to their profession than Mr. Shattuck. He loved 
it unreservedly, found in its practice at the bar ample stimulus to 
his naturally strong ambitions, and could not be drawn aside from 
it by the distinguished positions more than once offered him. 
Among these positions, we are told, was that of judge of one of 
the Federal Courts and also justice of the Supreme Judicial 
Court of Massachusetts. Neither could he be tempted by political 
ambitions, though always interested in the politics of the day, and 
ready to work in private ways for important measures. His gen- 
eral activities outside his profession, give but little idea of the time 
and sympathy which he gave to public affairs. His progress in 
his profession was rapid, bringing him at an early day a prominence 
which became more and more widely recognized every year. In 
this leadership it is plain that his personal qualities told for quite 
as much as his purely legal attainments. His industry was un- 
bounded, his mental faculties fully under control, his ardor for 
whatever cause he undertook unflagging, his sincerity and integrity 
immovable. The professional tributes called forth at the time of 
his death give a remarkable estimate of the man, as formed by those 
who knew him best ; and from these I quote the following striking 



Mr. Shattock's rise at the bar was nnnsnally rapid even for those 
days, and for many years of his early practice bis forensic contests were 
mainly with men considerably his seniors. ... He had, as we all know, 
a great gift of clear, forcible and persuasive speech, reinforced by 



10 THB COLOOTAL SOCIETY OF MASSACHUSETTS. [Nov. 

an earaestnesB of maimer which was the outward sign of the intense 
conviction, which be seldom if ever lacked, of the righteousness of his 
client's cause. He had also the prime manly virtues of pugnacity and 
courage. He enjoyed the struggle, — the more difficult, the better he 
liked it. His energy, tenacity and fertility of resource were inexhausti- 
ble, and his confidence in the ultimate triumph of right knew no despair. 
He had, with aU these fighting qualities, a cool brain and a fine temper. 
He was never flustered or irritable or impatient This fine temper, to 
my thinking, showed the largeness of his mould and the sweetness of 
his nature.^ 

With such strength of conviction and resoluteness of purpose we are 
apt to find, as human nature goes, a certain nnamiable quality known 
as arrogance, — the quality by which we make peremptory demand upon 
others for submission to our judgment or our will. Very few strong men 
but have more or less of this quality, but Brother Shattuck, strong as 
he was in intelligence and conviction and purpose, seemed to me wholly 
free from it He was one of the most patient and courteous of men, — 
a courtesy which was the natural expression of a very kindly nature, 
— a patience which grew out of sincere modesty in his judgment of 
himself. He loved the law and the practice of the law, and was happy 
in its labors, its contests and its rewards. He had also a strong sense 
of professional brotherhood, without which the practice of the law loses 
much of its dignity and all of its charm.' 

From the very beginning Mr. Shattuck has always been a successful 
man, and, among his contemporaries, a leader ; and no one ever doubted 
that his success and his distinction were deserved. All through his life 
he won what he got by the strong, direct, vigorous efforts of a man who 
felt himself competent for his task and who had thoroughly prepared 
himself for it; in the thick of the struggle he saw what he foresaw. 
He was a man unused to defeat, and little disposed to tolerate it when it 
seemed to be thrusting itself upon him. His adversaries often found 
'that he developed at such moments a startling capacity of saving a 
hopeless cause, by the skill, the careful thinking, the knowledge of law 
and legal procedure, and the endless persistence and endurance which 
he would suddenly bring to bear upon the situation.* 

^ George Putnam, before the Suffolk Bar. 
' Causten Browne, before the Suffolk Bar. 

' James Bradley Thayer, before the Massachusetts Historical Society, 11 March, 
1897, printed in its Proceedings (Second Series), zi. 269, 270. 



1902.] MEMOIR OF GEORGE OTIS SHATTUCK, 11 

He needed the excitement of advocacy or of some practical end to 
awaken his insight ; but when it was awakened there was no depth of 
speculation or research which he was not ready and more than able to 
sound. His work may not always have had the neatness of smaller 
minds, but it brought out deeply hidden truths by some invisible radi- 
ance that searched things to their bones. • • • With the jury, he was 
a great man in every way. His addresses carried everything before 
them like a victorious cavalry charge, sometimes, as it seemed to me, 
sweeping the judge along with the rest in the rout. Latterly, his most 
successful appearances were in arguments of law. He had learned the 
all too rarely learned lesson of pointed brevity. In a few luminous 
words he went to the bottom of his question, and then took his seat. 
In short, I know of no form of forensic effort in which, at some time 
in his career, he had not reached as high a point as I personally ever 
have seen attained.^ 

In 1857 Mr. Shattuck married Emily, daughter of Charles and 
Susan (Sprague) Copeland of Roxbury, and made his home in 
Boston, where he lived for the rest of his life. Here the circle of 
his friends continually widened, and though immersed in profes- 
sional duties he found time also for all social demands. Among 
the societies whose companionship he enjoyed was the Wednesday 
Evening Club, and also a small circle of college contemporaries, 
at whose informal monthly meetings, held for many years, he was 
a constant and tenderly-esteemed attendant. During the later 
years of his life he had a summer home at Mattapoisett, where he 
was able to gratify his native tastes as cultivator of the soil, and 
where he entered with keen enjoyment upon the adventures of an 
amateur yachtsman. He travelled extensively in his own country, 
especially in the West, and made two trips to Europe, spending a 
year abroad in 1880. In all these joumeyings, while alive to the 
beauties of natural scenery and to all the charms of travel, he seems 
to have found his chief interest in the people themselves, whose 
customs and politics had a special attraction for him. His religious 
connections, while in Boston, were with the First Church, whose 
liberal attitude attracted him, and in whose affairs he took a deep 
and intelligent interest to the end of his life. Into all these varied 
relations he carried the vigor of a strong and inquiring mind, a 

^ Chief-Justice Holmes, before the Suffolk Bar. 



12 THE COLONIAL SOCIETY OF MASSACHUSETTS. [Nov. 

singular beauty and dignity of character, an inborn sincerity, a 
loyalty of devotion, and a kindliness of manner whose charm none 
who have shared his friendship can ever forget. 

Mr. Shattuck was elected a Resident Member of the Massachusetts 
Historical Society 18 June, 1889, and a Resident Member of this 
Society 20 December, 1898. He was a Trustee of the State Library 
and of the old Boston Library Society for more than thirty years, 
and an Overseer of Harvard University from 1871 to 1880 and 
again from 1885 to 1897. With the exception of a brief service 
as a member of the Common Council of the City of Boston, he 
declined all public office. One of the last distinctions conferred 
upon him and deeply appreciated by him, was his election as Presi- 
dent of the Bar Association of the City of Boston in 1896. At this 
time however his health was already failing, and he was never able 
to preside at its meetings. His death occurred at his home in 
Boston, 28 February, 1897. His wife survives him. He left also 
one child, Susan, the wife of Dr. Arthur Tracy Cabot. 



1902.] TRIBUTE TO JOSEPH WILLIAMSON. 18 



DECEMBER MEETING, 1902. 

A Stated Meeting of the Society was held at No. 26 
'^^ Beacon Street, Boston, on Friday, 26 December, 1902, at 
three o'clock in the afternoon, the President, George Lyman 
KiTTREDGE, LLJ)., in the chair. 

The Becords of the Annnal Meeting in November were read 
and approved* 

The President announced the death on the fourth in- 
stant at Bath, Maine, of the Hon. Joseph Williamson, a 
Corresponding Member. 

Mr. Henry H. Edes paid a tribute to Judge Williamson, 
speaking in part as follows : 

The Hon. Joseph Williamson, a son of Joseph and Caroline 
(Cross) Williamson, was bom at Belfast, Maine, on the fifth of 
October, 1828. Graduating at Bowdoin College in 1849, he 
studied law with his father and was admitted to the bar in 1852. 
At once he entered upon a distinguished legal and judicial career, 
and from 1858 until the end of his life held many political and 
official positions. His literary and historical investigations, which 
gained for him membership in various learned societies, began just 
half a centuiy ago by the publication in 1852 of his Maine Register 
and Reference Book. His two most important historical works were 
his History of Belfast^ and his Bibliography of the State of Maine, 
the latter published in 1896. Mr. Williamson was elected a Corre- 
sponding Member of this Society in March, 1898, and to him the 
Society is indebted for one paper and for information in regard to 
many Indian names and locaUties in Maine.^ 

^ The firat volume was published in 1877. A second volume was completed 
by Mr. Williamson shortly before his death. 

* See PubUcations of this Society, vii. 809-408, and Preface to vol. v. A 
sketch of Judge Williamson will be found in the Kepublican Journal of Belfast 
of 4 December, 1902. 



14 THE COLONIAL SOCIETY OP MASSACHUSETTS. [DeC. 

Mr. Albert Matthews read a paper on the term State 
House, speaking in substance as follows : * 

Not until 1859 does any one seem to have commented upon our 
familiar term State House. In that year Lowell said: "State- 
House. This seems an Americanism. Did we invent it, or borrow 
it from the StadhuyB (town-hall) of New Amsterdam ? " ^ In 1860 
the term found its way into a dictionary. In 1872 De Vere 
remarked that State House is "a term either specially made to 
serve the purpose or possibly derived from the Dutch Stadhut/s, but 
in either case peculiar to this country."* In 1899 Professor 
Brander Matthews observed : 

These American contrihations to the English language are not a few. 
. . . Some of them are taken from foreign tongues, either translated, 
like statehouse (from the Dutch), or unchanged, like prairie (from the 
French), adobe (from the Spanish), and stoop (from the Dutch).* 

As these statements are somewhat conflicting, as some of them 
are incorrect, and as no attempt has hitherto been made to trace the 
history of the term, it will perhaps not be without interest to show 
exactly what that history has been. 

The word State, meaning the body politic, was in common use in 
the American Colonies, as of course it was in England, in the 
seventeenth and eighteenth centuries, and towards the close of 
the Colonial period the expressions " the American States " or " the 
States of America" were occasionally employed ; ^ but it was not 
until after the fourth of July, 1776, that what had hitherto been a 
Colony or Province was officially styled a State. There can be no 
doubt that in certain instances the adoption of the term State 
House was due to, or at least influenced by, the change in style 
from Colony or Province to State. Thus, in Rhode Island what 
had previously been known as the Colony House was, soon after 
the Declaration of Independence, termed the State House. Again, 

^ Mr. Matthews's paper was printed in full in Dialect Notes, ii. 199-224. 
« Atlantic Monthly, iv. 641; Poetical Works, ii. 197. 

* Americanisms, p. 254. 

* Parts of Speech (1901), p. 110. 

B For examples, ranging from 1773 to 1776, see the Nation, 1 May, 1902| 
Ixxiv. 343, 344. 



1902.] THE TEBM STATE HOUSE. 15 

in Georgia, where various terms had been employed before 1786, 
State House did not appear until 1791. Neither in New Jersey 
nor in North Carolina was there a fixed seat of government until 
Trenton became the capital of the former in 1790 and Raleigh was 
laid out in the latter in 1792 ; and not imtil or after those dates did 
the term State House appear in those two States. But the facts 
that, for several years before the Declaration of Independence, the 
term State House had been in daily use in Connecticut, Delaware, 
Maryland, Massachusetts, New Hampshire, Pennsylvania, and 
South Carolina 5 that it had been in vogue in Virginia between 1638 
and 1699 ; and that it had occasionally been employed in New York 
in the seventeenth century, — prove that the origin of the term 
could not have been due to the change in style from Colony or 
Province to State. 

Let us now briefly take up the history of the term in those nine 
Colonies. 

The first meeting of the Virginia Assembly was held in 1619 in 
the choir of the church at Jamestown, but in less than twenty 
years the need was felt for better accommodations. On 10 April, 
1638, Richard Kemp, Secretary of Virginia, wrote : 

A levy has been raised, according to instructions, upon all tobacco in 
the colony for the repair of the Fort at Point Comfort and building a 
state house at James City, part of which tobacco is sent to England by the 
bearer George Menefie to sell, and with the proceeds to send over work- 
men to accomplish those public works. ^ 

This is the first appearance of the term in this country. A State 
House was not actually erected by the Colony until about 1663, 
though previous to that time a building was rented for the use of 
the Colony and went by the name of the State House. The 
Virginians were unfortunate in the seventeenth century, and one of 
their State Houses was destroyed by fire about 1655, another was 
burned down in 1676 " by that arch rebell and tratour Nathaniell 
Bacon, junr.,^^ while a third was also destroyed by fire in October, 
1698. Up to that time Jamestown had been the capital of the 
Colony, but in 1699 we read : 

WHEREAS the state house of this his majesties colony and dominion 
in which the generall assemblyes and general courts have been kept and 

^ Calendar of State Papers, Colonial Series, 157^1660, p. 268. 



16 THE COLONIAL SOCIBTT OF MASSACHUSBTTS. [Dec. 

held hath been unhappily destroyed and burnt downe, and it being abso- 
lutely necessary that a capitoll should be built with all expedition, . . • 
Be it enacted^ . . . That four hundred seventy-five foot square of land, 
lying and being at the said Middle PlantcUion^ . • . be the ground 
appropriated to the only and sole use of a building for the general 
assemblies and courts to be held and kept in : And that the said build- 
ing shall forever hereafter be called and known by the name of the 
Capitol^ 

Beverley, writing in 1705, declared that soon after the accession of 
Francis Nicholson to the government, he — 

caused the Assembly and Courts of Judicature, to be removed from 
t/amea-Town, where there were good Accomodations for People, to 
Middte-PlantcUiony where there were none. There he flatter'd himself 
with the fond Imagination, of being the Founder of a new City. He 
mark'd out the Streets in many Places so as they might represent the 
figure Wf in Memory of his Majesty King William^ after whose Name 
the Town was call'd WiUiamahurg. There he procured a stately Fabrick 
to be erected, which he placed opposite to the College, and grac'd with 
the magnificent Name of the Capitol^ 

It is curious that the only two names now employed in this 
country — State House and Capitol — should both have originated 
in the Old Dominion.' From 1638 to 1699, State House was the 
only term employed in Virginia. Though ousted in 1699 by the 
word Capitol, State House was occasionally employed in the eigh- 
teenth century, but its further history need not detain us. The 
essential fact is that the term was applied to a building which was 
either owned or rented by the Colony and in which the meetings of 
the Assembly were held. 

In 1689 an act was passed in Maryland providing that ^^ at such 
time and place as the Leiuten^ Generall & Councell shall think fitt 
there shall be a Towne house built." * Nothing, however, appears 
to have been done until 1662, when there — 



^ Yirguia Statutes, iii. 193, 419, 420. 
« History of Virginia (1706), i. 99. 

* For the history of the word Capitol, unknown in the Colonies except in 
Virginia, see the Nation, 9 May, 1895, Ix. 361. 
^ Archives of Maryland, i. 36. 



1002.] THE TERM STATE HOUSE. 17 

came from the lower bowse this following paper. It is voted in this 
bowse necessary that some bowse be built or purchased to keepe Courts 
in, or Assemblyes for the benefitt of the Country . . . Whereupon the 
Vpper bowse took into Consideracdn the place for the Seateing of the 
State bowse.^ 

The building was erected at St Mary's in 1674. In 1696 Annapo- 
lis became tJie capital, the State House there built was burned in 
1704, but was at once rebuilt, and the new building was occupied 
until 1769, when it was demolished and still another State House 
erected. It was in this last building that Washington laid down 
his sword at the close of the Revolution. 

Writing in 1655, a Dutchman who visited New Amsterdam in 
1642 said: 

As I was daily with Commander Eieft, generally dining with him 
when I went to the fort, he told me that he had now a fine inn, built of 
stone, in order to accomodate the English who daily passed with their 
vessels from New England to Virginia, from whom he suffered great 
annoyance, and who might now lodge in the tavern.' 

The building referred to, which stood in Pearl street, facing 
Coenties Slip, was owned by the Dutch West India Company, in 
1658 became the Stad Huis of New Amsterdam, and in 1654 was 
granted by the Directors of the Company to the City of New Am- 
sterdam. In 1664 New York came into the possession of tlie 
English, a few years later was recaptured by the Dutch, and in 
1674 was restored to the English. In 1655 we read of " a Court 
holden uppon the Citty Hall of N. Yorke ; " in the same year of " a 
Court held uppon the Citty bowse off New York ; " in 1670 of the 
" Towne bowse of this citty ; " and in 1671 that — 

Hans Dyckman Imprisoned uppon Suspition of being accessory to 
setting the Windowes of the State House on fire, . . . denyed all and 
every thing what was Laid to his Charge.* 

In 1699 the old Dutch building was sold, and a new building, 
almost always called City Hall, erected in Wall street. It was in 

' Archives of Maryland, i. 434. 

* Collections of the New York Historical Society, Second Series, i. 101. 

* Records of New Amsterdam, v. 267, 268, 287 ; Joomal of the Legislative 
Cooncil of New York, vol. i. p. viii. 

2 



18 THE COLONIAL SOCIETY OF MASSACHUSETTS. [Dec. 

this new building, its name changed to Federal Hall, that Washing- 
ton was inaugurated President of the United States. 

The old Dutch building facing Coenties Slip was variously called 
City Hall, City House, Stadt House, State House, Town Hall, and 
Town House. The building was owned by the City, the meetings 
of the Colonial Assembly seem never to have been held in it, it was 
used wholly for municipal purposes, and the only connection be- 
tween it and the Colony appeal's to have been that, after the passage 
of laws by the Assembly, those laws were proclaimed from the City 
Hall. In short, that building is completely differentiated from all 
other buildings in America to which the name State House was 
given. 

In South Carolina an " Act for building a convenient State-House 
for the holding of the General Assemblies, Courts of Justice, and 
other Publick Uses," was passed in 1712;* but it was not until 
several years later that a State House was actually erected at 
Charleston. 
• In Connecticut, according to President Clap of Yale, — 

The General Assembly in October [1718], "in Order to quiet the 
Minds of People, and introduce a general Harmony in the Public Affairs, 
ordered that a State House should be built at Hartford to compensate 
for the College at New-Haven,'*^ 

This building was at once erected, and in 1762 a State House 
was also built at New Haven. 

Though proposals to build a State House at Portsmouth, New 
Hampshire, were made as early as 1718, no building was erected 
until about 1758. 

In 1729 a proposal was made in Pennsylvania to build a State 
House at Philadelphia, but the building was not begun until 1732 
and not occupied until 1786. It is needless to add that tliis was 
the famous Independence Hall, still standing. 

In 1768 the Delaware Representatives, at a meeting held in their 
State House at New Castle, petitioned George III. 

In a will made in 1653, Robert Keayne gave three hundred 
pounds "to the Towne of Boston to build a Condit, a Market 
House & Towne house." On the death of Keayne an additional 

^ South Carolina Statutes, ii. 878. 

> Annals of Yale-College (1766), p. 28. 



1902. J THE TERM STATE HOUSE. 19 

sum was raised by subscription, and on 9 March, 1657, a committee 
was chosen " to consider of the modell of the towne house, to be 
built." ^ Later the Colony was appealed to, and on 19 May, 1658, — 

Id answer to the request of the select men of Boston, the Court 
judgeth it meete to allow vnto Boston, for and towards the charges of 
theire toune hoase. Bostons proportion of one single country rate for 
this yeare ensuing, provided that sufficijent roomes in the sajd house 
shall be for euer free, for the keeping of all Courts.' 

When repairs became necessary, it was oidered by the General 
Court on 9 October, 1667, that the expense was " to be borne & 
defrajed the one clere halfe by the Tresurer of the country, one 
fowerth part thereof by the Tresurer of y* county of Suffolke, & 
the other fourth part by the Tresurer of the toune of Boston." ^ 
This building, usually called either Court House or Town House * 
by the people of Boston, was destroyed by fire 2 October, 1711 ; 

^ Boston Record Commissioners' Reports, x. 13, ii. 134. 
> Massachusetts Colony Records, iv. (i.) 827. 
• Ibid, iv. (ii.) 361. 

^ Several times, however, we find the building called State House. In 1660 
Samuel Maverick wrote : 

It hath two handsome Churches in it, a handsome market place, and in the midest of 
it a Statehoose. . . . Boston [is] now a great Towne, two Churches, a Gallant State, 
honse & more to make it compleate, then can be expected in a place so late a wilderness 
(2 Proceedings Maasachusetts Historical Society, i. 238, 247). 

In 1671 some unknown person remarked : 

Boston [hath] a State-boose newly erected in the middle of the great Street (L. 
Roberts's Merchants Map of Commerce, second edition, p. 53). 

In his Sermon Preached After the Terrible Fire, in 1711, Cotton Mather, as 
Mr. Eittredge points out to me, wrote : 

Among these Raines, there were Two Spacious Edifices, which until now, made a 
most Considerable Figore, becanse of the Publick Relation to our greatest Solemnities, 
in which they had stood from the Dayes of our Fathers. The One was, the TOWN- 
HOUSE: the Other, the OLD MEETING-HOUSE. . . . The Raines brought upon 
us, are very Dreadf ol ones, and not Easily or Speedily to be repaired. That among 
these awful Rniues, both our SbULtuJ^omt, and the first iiom o! ottr iSfUetittfi^Jgouses, are 
made a Desolation ; Verily, it looks awf ally enough, to make one cry out, God Avert 
the Omen! (Advice from Taberah, 1711, pp. ii, iii, 19, 20). 

This application of the term State House is rare, and indicates that the writ- 
ers were employing it as synonymous with Town House. As will be shown 
later, this is the only sense in which the term has ever been used in England. 
See pp. 22, 23, below. 



20 THE COLONIAL SOCIETY OF MASSAOHUSBTTS. [Dec. 

but a new edifice — the present Old State HouBe — was erected on 
the same site. The new building, until about 1768 almost invaria- 
bly called Court House or Town House, was injured by fire in 1747 
and again in 1760; but the original walls still remain, and the 
building is doubtless the oldest now standing in this country which 
has ever been used for the purposes of a State House. 

Between 1768 and 1776 various names were applied to the build- 
ing, as will appear from the following extracts. 

The Committee appointed . . . reported. That they had conferred 
with a Committee of the Court of General Sessions of the Peace for the 
Coanty of Suffolk^ and also with the Selectmen of the Town of Boston j 
and that they were consenting to part with their respective Shares in the 
Town-House (so called) in Boston^ upon such Terms as shall be agreed 
upon by the Parties interested therein.^ 

At six o'clock they returned to Town; and passing in slow and 
orderly Procession thro' the principal streets, and round the State-House, 
they retired to their respective Dwellings.' 

Is it not then astonishing that the City Hall and even the Senate 
House should be for more than a week put to an use, so abhorrent 
from the original and true intent of them, when the Barracks at the 
Castle ... are beadt for the purpose I * 

The King's Troops are encamp'd on what is usually called the Com- 
mon. — Our Parliament House, the Court House and Faneuil Hall are 
still occupied by Soldiers.* 

We are therefore constrained thus early to Remonstrate to your Ex- 
cellency, that an Armament by Sea and Land, investing this Metropolis, 
and a military Guard with Cannon pointed at the very Door of the 
State-House, where this Assembly is held, is inconsistent with that 
Dignity, as well as that Freedom, with which we have a Right to delib- 
erate, consult and determine.^ 

I OBSERVE that the State-House in Boston, is commonly called the 
Toum-Housef which appears to many an impropriety, and different from 
the practice of all the other colonies. — It is therefore proposed, (if no 
objection shall be made to it) that the house where our Legislature 
meets, be in future time called the STATE-HOUSE.* 

^ 1767, February 17, Massachusetts House Journals, p. 292. 

• 1768, August 22, Boston PoslrBoy, No. 575, p. 1/2. 

* 1768, October 10, Boston Gazette, Supplement, p. 1/1. 

* 1768, October 10, Boston Evening-Post, No. 1724, p. 3/L 
^ 1769, May 81, Massachusetts House Journals, p. 5. 

• 1773, June 3, Massachusetts Spy, No. 122, p. 3/2. 



1902.] THE TEBM STATE HOUSE. 21 

Upon a Motion, Ordered^ That the Committee appointed to see the 
necessary Repairs of the State-House, provide Cushions for the several 
Seats in this Boom.^ 

After the lapse of more than a century, during which the terms 
Court House and Town House had proved amply sufficient for the 
purpose, why should there have been a sudden change in nomen- 
clature about 1768 ? Almost at once we find, in addition to the 
two familiar old terms, instances of Parliament House, Senate 
House, and State House. Writing about 1780 Governor Hutchin- 
son, alluding to events which occurred in 1778 and to Samuel 
Adams, said: 

Mr. Adams's attention to the cause in which he was engaged would 
not suffer him to neglect even small circumstances, which could be made 
subservient to it. From this attention, in four or five years, a great 
change had been made in the language of the general assembly. That 
which used to be called the ^^ court house," or ''town house," had 
acquired the name of the '' state house." ^ 

There can be little doubt that the change v«ras due partly to 
political causes, but the fact, pointed out in 1773, that State House 
was a common term in many (though by no means in all) of the 
Colonies, must also have had its influence. 

From the evidence thus far given it is seen that the term State 
House appeared in Virginia in 1638, in Maryland in 1662, in South 
Carolina in 1712, in Connecticut in 1717, in New Hampshire in 
1718, in Pennsylvania in 1729, in Massachusetts in 1768, in Delaware 
in 1768 ; and that in all of these Colonies the term had a definite 
and specific meaning, being applied to a building which v^as owned 
(either in whole or in part) or was rented by the Colony, and in 
which the meetings of the Colonial Assemblies were held. It is 
also seen that in New York State House occurs only two or three 
times in designation of the Dutch building which, erected in 1642 
as a tavern, from 1653 to 1699 was used as a City Hall. Thus the 

^ 1778, June 29, Massachusetts House Journals, p. 96. Eeferring to this 
extract, the late Dr. George H. Moore remarked : << On this occasion also the 
name of ' State House ' first appears, although it did not come immediately into 
common use" (Old State House Memorial, 1885, p. 198). The extracts given 
in the text show that the term had already heen in use for five years. 

* History of Massachusetts, iii. 413 note. 



22 THE COLONIAL SOCIETY OP MASSACHUSETTS. [Dec. 

Stad Huis of New Amsterdam senred a quite different purpose from 
the State Houses which, previous to 1776, existed in no fewer than 
eight of the Colonies. 

Having shown what the American usage has been with respect to 
State House, let us now turn to England and see whether the 
term has ever been employed there also. In 1568 Sir T. Gresham 
wrote from Antwerp that " the Prince . . . came forth with 100 
horsemen and proclaimed the articles, . . . before the town house." ^ 
In 1676 another writer, from the same town, wrote that "the 
Spaniards then sallied forth between 11 and 12 o'clock, and be- 
cause the Town Hall and the neighbouring houses offered a 
determined resistance they were set on fire and burnt down."^ 
In 1609 a writer relates of Utrecht that *' at break of Day they 
appointed two Deputies to go to the Burgomaster and the other 
Magistrates, to summon them ... to present themselves in the 
Town-Hov^e^' ^ In 1611 Tom Coryat wrote : 

The Fraetorium [at Nimmigen] or rather Stadthoase (for so in all tlie 
Cities <& townes of the Netherlands doe they call a Senate house, the 
word being copounded of Stadty which in the Dutch tongue signifieth a 
towne and house) is a very ancient <& stately place.^ 

In 1617 Sir Dudley Carleton alluded to the " stadt-house " at 
Leyden, and in 1619 to the " stadt-house " at The Hague.^ In 
1622 James Howell spoke of the burning by the Spanish of the 
" Stadthouse " at Amsterdam.® In 1627 Bishop Hall referred to 
the " State-house " of a Dutch town.^ In 1634 Sir William Brere- 
ton said that " in the west side [of Delph] stands the state-house, the 
finest State-house said to be in all the seventeen provinces." ® In 
1641 John Evelyn alluded to the " State or Senate-house " of The 
Hague and to the " stadt-house '* of Brussels.® In 1657 Governor 
Bradford stated that Edward Winslow had been married "in 

1 Calendar of State Papers, Foreign Series, 1569-1571, p. 588. 
a Ibid. 1575-1577, p. 413. 

* In Sir R. Winwood's Memorials and Affairs of State (1725), ilL 108. 

* Crudities (1611), p. 635. 

* Letters (1775), pp. 184, 349. 

« FamiUar Letters (1892), i. 123. 

7 Apologie against Brownists, § 9, Works (1628), p. 578* 

* Travels (1844), p. 19. 
» Diaiy (1889), i. 24, 37. 



1902.] THE TERM STATE HOUSE. 23 

Holand, by j* magistrats in their statt-house." ^ In 1660 Samuel 
Pepys spoke of the " Stadthouse " at Delf t« In 1756 Mrs. Calder- 
wood alluded to the *' State-house " at Amsterdam.* 

It is obvious that the term Stadt House originated with Coryat, 
that it at once found favor, that it has had an existence in the 
literary language of England for nearly three centuries, and that 
it has been applied — as one would naturally expect — only to a 
City Hall, Town Hall, or Town House in Holland or Germany. 
It is also obvious that the term State House, as employed by 
English writers and travellers, is synonymous in meaning with 
Stadt House. In short, the special meaning which every- 
where in America (except in New York between 1664 and 
1699) has always attached to the term State House, is unknown 
in England. 

The history of the State House having now been traced on both 
sides of the Atlantic, we are in a position to ask how the term 
arose in this country. There seem to be three ways in which this 
could have come about First, as has been suggested, State Hous& 
may have been borrowed from the Stad Huis of New Amsterdam. 
The evidence given in this paper proves that the term State House 
was in vogue in both Virginia and Maryland before New Amster- 
dam came into the possession of the English; that the State 
Houses of Virginia and of Maryland served quite a different pur- 
pose from the Stad Huis of New Amsterdam; that a State House 
was in existence at Jamestown in 1648, or ten years before the 
tavern built in 1642 became the Stad Huis of New Amsterdam ;. 
and that the term State House was employed in Virginia as early 
as 1688, or six years before the erection of the tavern. Obviously^ 
therefore, State House could not have been borrowed from the 
Stad Huis of New Amsterdam. 

Secondly, it may be held that as the term State House appeared 
in England in 1627 and not in Virginia until 1688, the term was 
introduced from England into Virginia, where it was given a differ- 
ent meaning. But in England State House has been purely a 
literary term, employed only by writers or travellers describing 
Dutch or German towns ; and it is difficult to believe that a term 

1 History of Plimouth Plantation (1896), p. 206. 

« Diary (1893), i. 137. 

• Letters and Journals (1884), p. 111. 



24 THE COLONIAL SOOIBTY OP MASSACHUSETTS. [Dec. 

used in so restricted a field could have found its way across the 
Atlantic at so early a period. 

Thirdly, another explanation seems possible. It was asserted at 
the beginning of this paper that the word State, meaning the body 
politic, was in common use in this country throughout the seven- 
teenth and eighteenth centuries. Some extracts in support of this 
assertion may be given. 

Governor and council to appoint proper times for administration of 
justice ; and provide for the entertainment of the council during their 
session, to be together one whole month about state affairs, and law 
suits.^ 

I doe solemnely bynde myselfe, in the sight of God, that when I 
shalbe called to giue my voice touching any such matter of this state, 
wherein ffreemen are to deale, I will giue my vote & suffrage, as I shall 
iudge in myne owne conscience may best conduce & tend to the publique 
weale of the body.* 

I feare your tye or obligation to this state [Massachusetts], & in 
speciall to this towne [Ipswich], is more then yow [J. Winthrop, Jr.] 
did well consider when you ingaged your self another way.* 

I am confident you [the Governor of Massachusetts] desire their [the 
Indians'] good, with the safety of your own state.* 

If the State & the Elders thinke that the matters I treate on are not 
tanti or that they are just occasion of Disturbance, I shall be content 
they will advise of them 12. moneths or more, w^ silence on my parte 
During that space.^ 

Now if you & the Deputie thincke meete to send to the Gouvernor & 
State there [Virginia] to send him [N. Eaton] back, . . . Mr. Younge 
his shippe is like to stay thise 2 or 3 dayes yet, who is bound for 
Virginea." 

It pleased God to stir up the heart of one Mr. Harvard ... to give 
the one half of his estate . . . towards the erecting of a Colledge, and 
his Library : after him another gave 300 1. others after them cast in 
more, and the publique hand of the State added the rest^ 

1 1621, Virginia Statutes, i. 116. 

* 1634, Massachusetts Colony Records, i. 117. 

* 1635, N. Ward, 4 Massachusetts Historical Collections, vii. 25. 

* 1638, R. Williams, Letters (1874), p. 119. 

» 1839, T. Lechford, Note-Book (1885), p. 89. 

* 1639, J. Endecott, 4 Massachaaetta Historical Collections, vi. 136. 

^ 1643, New England's First Fruits, 1 Massachusetts Historical Collections, 
L242. 



1902.] THE TERM STATE HOUSE. 25 

I have forborne to write vnto you [J. Winthrop] a long tyme, by 
reason of your greate and continuall imploymeuts in your State affayres, 
but now, hearing your assembly is dissolved, I make bould to trouble 
you with my grievances.^ 

It is thus seen that in the early days here it was common to 
speak of ** the State " and of ** State affairs." Is it unreasonable to 
maintain that when the need was felt in Virginia for a building 
devoted to the public business, that building was called a State 
House because in it the affairs of State — that is, the body politic — 
were transacted? Attention may be called to three passages which 
are pertinent to the discussion. In 1654 Edward Johnson, refer- 
ring to certain Indians, wrote : " They having thus nobly feasted 
them, afterward gave them Audience, in a State-house, round, 
about fifty foot wide, made of long poles stuck in the ground, like 
your Summer-houses in England.^^ * In 1666 Robert Sandford, also 
alluding to Indians, observed : 

Being entered the Towne wee were conducted into a large house of a 
circular forme (their general! house of State) right against the entrance 
was a high seate of sufficient breadth for half e a dozen persons on which 
sate the Cassique himselfe . . . the Towne . . . hath a large Prospect 
over Meadows very spatious and delightfull, before the Doore of their 
Statehouse is a spacious walk rowed with trees on all sides tall and full 
branched.* 

And in 1709 John Lawson, likewise referring to Indians, 
remarked : 

These Revels are carried on in a House made for that purpose, it being 
done round with white Benches of fine Canes, joining along the Wall ; . . • 
In these State-Houses is transacted all Publick and Private Business, re- 
lating to the Affairs of the Government, as the Audience of Foreign 
Ambassadors from other Indiafn Rulers, Consultations of waging and 
making War, Proposals of their Trade with neighbouring Indians or the 
English^ who happen to come amongst them.^ 

Here we seem to have precisely the same idea that, if my inter- 
pretation is correct, was present in the minds of the Virginians. If 

1 1645, R. Vines, 4 Massachusetts Histiorical Collections^ yii. 852. 

• Wonder-working Providence, p. 109. 

' Colonial Records of North Carolina, L 125. 

« New Account of Carolina (1709), pp. 86, 87. 



26 THE COLONIAX SOCIETY OP MASSACHUSETTS. [Dec. 

it is objected that it is absurd to speak of " the State " in connec- 
tion with the affairs of an Indian tribe, the reply is that precisely 
this absurdity and similar absurdities were committed again and 
again. In 1643 Roger Williams wrote : " These expressions they 
[Indians] use, because, they abhorre to mention the dead by name, 
. . . and if any stranger accidently name him, he is checkt, and 
if any wilfully name him he is fined ; and amongst States, the nam- 
ing of their dead Sachims^ is one ground of their warres." ^ In 
addition it may be pointed out that half -naked and miserable chiefs 
and head-men of petty tribes were dignified with the splendid titles 
of "emperors," "kings," "dukes," "lords," "princes," and 
" nobles." In short, the early colonists and writers attributed to 
the Indians the only political and social system with which they 
were familiar, — that of Europe ; and the absurdities wliich arose 
therefrom have been perpetuated even to the present time. 

The conclusion reached by the present writer is that State House, 
as Lowell suggested might be the case, was " an invention of our 
own." 

The reading of this paper was followed by a long dis- 
cussion, in which the President and Messrs. William C. 
Lane, George V. Leverett, Charles A. Snow, William 
T. Piper, Lindsay Swift, and George Wigglesworth 
participated. 

In the absence of Mr. John Noble, Mr. Henry W. Cun- 
ningham presented on his behalf the following communi- 
cation : 

A paper of interest has lately been met with in the Chamberlain 
Collection in the Boston Public Libi^^ry, — a collection of original 
papers of great value and remarkable in many respects. The paper 
is connected with the trial of Samuel Gibson of Cambridge, in 1685, 
for " frequenting the College contrary to law," which was made the 
subject of a communication to this Society in April, 1897.^ It is 
an original letter of Increase Mather, then Acting President of the 
College, addi*essed to Lieutenant Jonathan Remington. It seems 

^ Key into the Language of America (1643), p. 194. 
* Publications, ill 44S-470. 



1902.] LBTTEB OF INCBBASB MATHER, 27 

to have been occasioned by a fear that the case might lag in its 
progress through the Appellate Court, or by some anxiety to have 
the interests of the College duly looked out for. The fear was ap- 
parently groundless, as in those days, or at least in this case, justice 
appears to have been absolved of its proverbial characteristics, — 
the conviction in the County Court being in April, the appeal 
entered in Au^st, and the determination of the case at the sitting 
of the Court of Assistants begun on the first of September. 

This paper together with a large number of others, two hundred 
or more, was apparently at one time a part of the early files of the 
Court in Suffolk County, a collection which has lately been arranged 
and boimd up, and of which a description has been given in a 
previous communication.* Like so many others of its original and 
long-time associates, it had in the vicissitudes of years somehow, 
before the Court took in hand the arrangement of papers above re- 
ferred to, escaped or been withdrawn from its legitimate home, to 
find itself sheltered amid alien surroundings. 

I must here express my satisfaction that these numerous Court 
papers, though they have become estranged from the protecting 
care of the Court of whose records they once formed a part, and in 
whose custody they would seem to belong, have at least found a 
refuge safe and secure ; and at the same time I express my obligar 
tions for the courtesy and help of the officials of the Public Li- 
brary in affording me every facility for the examination and use of 
documents confided to their care. 

The letter of President Mather is now presented as an appendix 
to my former communication, and runs as follows : 

L? Jonathan Remington 

There is a case brought by Samuel Gibson of yoF Towne to the Hon? 
Court of Assist*? by Appeale from the Judgm! of Cambridge Court ; 
wherein the Colledge is concerned, his disorderly practises with his com- 
panions having been very prejudicial] to the students, by drawing them 
from their studyes, debauching their manners & putting them ^ unneces- 
sary expences at the cost of their Parents. And not understanding any 
care taken by the Court to make Answer to his reasons of Appeale ; 
These on behalf of that Society, are to request yourself e to draw some 
Answer to his Reasons and to appeare in Court, and to make Answer 

* Publications, iiii 817-327. 



28 THE COLONIAL SOCIETY OP MASSACHUSETTS. [Dsa 

to sach pleas as said Gibson sliall further make for the defence of his 

disorderly practises of this nature. And what you shall do herein shaU 

be accepted as yoor well wishers and endeavoars for the good of said 

Society, please to appeare to morrow morning early, which is all at 

present from 

jif. affectionate friend 
BoBTOK, Sept : 1. 168& 

Increase Mather 

Mr. Henry W. Cunningham spoke as follows : 

The Jonathan Remington to whom Mather addressed the above 
letter was a well-known citizen of Cambridge. Though only a 
carpenter by trade, he was from an early period much engaged in 
public affairs, and often appeared at court, where he served many 
times upon juries and grand juries and repeatedly as foreman.^ He 
does not seem to have been on the jury in the year 1686, but his 
familiarity with the business of the court may have induced Mather 
to select him as a suitable person to watch the progress of the case. 

Jonathan Remington, son of John and Elizabeth Remington, was 
bom at Rowley 12 February, 1639-40, but when quite young re- 
moved to Cambridge, where he married 13 July, 1664, Martha, 
daughter of the first Andrew Belcher and aunt of Governor Jona- 
than Belcher. Paige says that he lived at the comer of Brattle 
and Ash Streets from 1665 to 1682,^ when he exchanged that estate 
for the original Blue Anchor Tavern on the northeast comer of 
Brighton and Mt. Auburn Streets. This tavern had been kept by 
his father-in-law Belcher from 1654 until his death in 1673, and 
then by Belcher's widow probably till her death in 1680, when she 
was succeeded by her son Andrew. Evidently the latter exchanged 
a year or two later with Remington, who was his brother-in-law. 

Remington was Corporal, and later Captain, of local military 
companies and served in King Philip's War' at Groton, at Wells, 
and further to the eastward, and received a grant of land in Narra- 
gansett Township Number Two, now Westminster, Massachusetts, 
which was claimed by his son. He was a Selectman of Cambridge 
nine years between 1688 and 1700, Town Clerk in 1693, 1698, 

^ See Records of the Coart of ABsistaats, vol. i.» passim. 

* History of Cambridge, p. 639. 

* G. M. Bodge, Soldiers in King Philip's War (1896), pp. 278, 417. 



1902.] JONATHAN BEMIN6T0N. 29 

1699, 1700, and the Town and Selectmen's Records are filled with 
references to him.^ He died 21 April, 1700, aged sixty-one, and 
his wife Martha died 16 July, 1711, aged sixty-seven. 

Jonathan Remington (1677-1745), son of Lieutenant Jonathan 
Remington, was a distinguished man, graduating from Harvard 
College in 1696 and being Tutor and Fellow of the College. He 
was later Selectman, Representative, Councillor, Judge of the Court 
of Common Pleas, Judge of Probate and Judge of the Superiour 
Court. He was a cousin and intimate associate of Governor Bel- 
cher, and Paige says that in accordance with their common wish 
they were buried in the same tomb. 

The case about which Mather wrote the note to Lieutenant Rem- 
ington came to trial very soon, and the jury returned a verdict in 
favor of the plaintiff Gibson, reversing the action of the lower 
Court* 

Mr. Ezra Ripley Thayer of Boston was elected a Resi- 
dent Member. 

On behalf of the Hon. Joseph Hodges Choate, an 
Honorary Member, Mr. Henry H. Edes communicated a 
Memoir of William Crowninshield Endicott, which 
Mr. Choate had been requested to prepare for publication in 
the Transactions. 

^ See Records of the Town and Selectmen of Cambridge (1901), pamm. 
Facing p. 323 is a facsimile page of Remington*8 handwriting as Town Clerk. 
' Records of the Court of Assistants, i. 275. 



80 WILLIAM CROWNINSHIELD ENDICOTT, LL.D. [Dec 



MEMOIR 



OF 



WILLIAM CROWNmSHIELD ENDICOTT, LL.D. 



BY 

JOSEPH HODGES CHOATE. 



Massachusetts cherishes with just pride the character and 
career of Wuaaam Crowninshield Endicott, and The Colonial 
Society, of which he was an active member, is especially interested 
in honoring and perpetuating his memory. Born in 1826, when 
John Quincy Adams was President, and dying in 1900, in the 
fourth year of William McKinley's official term, he lived in the 
administrations of nineteen Presidents of the United States. His 
seventy-three yeara covered the most eventful and critical period of 
the country's history, and during a considerable portion of his life 
he was engaged in the public service of the State and the Nation, 
in conspicuous positions, which he filled with great credit to him- 
self and advantage to the community, and always with conscien- 
tious fidelity. In aU the relations of life he commanded universal 
confidence by the absolute purity and dignity of his personal 
character. 

A glance at the scenes and the circumstances of his boyhood 
will shed some light upon the happy development of the man. He 
inherited a proud name, and with it a just pride of ancestry, which 
he cherished through life without affectation and without suffering 
it in the least to impair his democratic sympathies. It was a great 
distinction to be the descendant and bear the name of the first 
Governor of Massachusetts, who was sixteen times elected to that 
most important office, and who stands as a great historical figurei 



1902.] WILLIAM CROWNINSHIELD ENDICOTT, LL.D. 31 

first in time among the founders of a noble State. His sturdy and 
rugged reputation, by no means fading in the lapse of time, has 
dominated Salem and the County of Essex down to our own day, 
and constitutes one of the local treasures. If the portraits of the 
Governor which have come down to us are to be relied upon, Mr. 
Endicott in the eighth generation bore a marked resemblance in 
feature and bearing to this distinguished ancestor. It would have 
been an excellent thing both for Mr. Endicott and for the State, if 
he too in his day and generation could have been elected Governor 
of Massachusetts; and I cannot help thinking that the example 
and career of the early Governor, of which he must always have 
borne some impression, was an element in the moulding and devel- 
opment of those qualities which enabled him in after life to fill 
high oflBce with success. 

The first Colonial Governor was not the only ancestor of whom 
he was justiy proud. His lineage in all its strands can be traced 
back to all that was best in the early history of the Colony. The 
Crowninshields, the Derbys, the Gardners, the Williamses, the 
Putnams, and the Mannings, who had been among its prominent 
families from the seventeenth century, were of his line, and they 
had had much to do with the making of Salem and of the State. 
The Crowninshields and the Derbys in particular had a great pitrt 
in the development of our early American commerce, when Salem 
ships, owned and navigated by them, penetrated to the remotest 
quarters of the globe, and made the little town a great commercial 
port and her name known the world over. They were pioneers of 
trade and commerce in the Far East, where they carried in honor, 
upon ships of their own building, the flag which has now, for a 
time only let us hope, practically disappeared from the ocean, and 
they brought home great cargoes which enriched themselves and 
the place of their residence. Mr. Endicott's maternal grandfather, 
Jacob Crowninshield, was a very conspicuous man, a prominent 
member of Congress, and was appointed Secretary of the Navy by 
President Jefferson, who was a close personal friend, — an honor 
which he declined for what seems now, in these days of steam and 
electricity, the very singular reason " that he could not be absent 
all the year from his business and family." He was a great naviga- 
tor and merchant and was fully equipped on all questions which 
would have come before him as Secretary of the Navy, an office to 



82 THE COLONIAL SOCIETY OF MASSACHTJBBTTS. [Dec, 

which his brother Benjamin W. Crowninshield, a man of the same 
quality, was ten years afterwards appointed by President Madison. 
It was in sympathy with this sea-faring and ship-owning branch of 
his family that Mr. Endicott in after years was such a firm advo- 
cate of the doctrine that the restoration of its once powerful 
mercantile marine was essential to the true greatness of the United 
States, and ought to be accomplished at whatever cost. Thus the 
subject of this memoir came, through many generations, of the 
best stock and breeding of Massachusetts. As might have been 
expected, the quality and the fibre of his natural character were 
worthy of the best nurture and education which his time afforded, 
and these produced the high-toned and cultivated gentleman, the 
public-spirited citizen, the wise judge, and the pure and safe 
statesman whom the world knew. 

Salem was a unique and interesting community in those days. 
She had lost or was fast losing her commercial supremacy, but the 
descendants of her ambitious navigators and successful merchants 
were enjoying in the second and third generations the fruits, and 
the best fruits, of their success. A highly intelligent and culti- 
vated society had grown up there, with an aristocratic leadership 
into which the Endicotts naturally came. Wealth, travel, and 
education had contributed to its culture and progress. There was 
probably more wealth and there certainly were more college gradu- 
ates, in proportion to the population, than in any other town of 
New England. It was a conspicuously intellectual community. 
A few of the great merchants still lingered among us in advanced 
years, and the sons and daughters of many who had passed away 
occupied their places and enjoyed the good results of their for- 
tunes. The professional men, who abounded in numbers and 
character, had great weight and gave the tone to the civic commu- 
nity. The Essex Bar was still a powerful fraternity and its most 
distinguished members resided in Salem. Her physicians and 
clergymen and men of science and learning occupied worthy and 
influential positions. Horace Mann was arousing enthusiasm for 
popular education. The atmosphere of the place was decidedly 
liberal. Harvard College and the Unitarian movement had broken 
the back of that hateful, dogmatic theology which, in the days of 
Salem Witchcraft and its high priest Cotton Mather, had disgraced 
the place and given it an unwholesome reputation. At the same 



HH)2.] WILLIAM GBOWKIKSHIELD ENDICOTT, LL.D. 88 

time, there was a distinct individuality about the town. It was 
shut in and quite apai-t from other towns and cities, and the life 
of the place was all contained within itself, so that whatever hap- 
pened in Salem or ever had happened in Salem was of supreme 
importance to its citizens. Communication with the outer world 
was extremely limited. Endicott was eleven years old when the 
railroad first reached Salem from Boston. The semi-weekly press 
supplied the local news of the day, but brought very tardy intelli- 
gence as to events beyond the limits of Essex County ; and so the 
people of Salem had to be, and were, sufficient unto themselves. 
The habits of the place were extremely simple. Until the murder 
of Captain Joseph White, in 1880, it was not uncommon ta 
leave the house door unlocked and unbarred. The police forcd* 
of the town consisted of two maimed veterans, and there was. 
still a great deference among the people towards the leading- 
citizens. 

Fortunate was the boy whose lot was cast in Salem in those days.. 
All his surroundings tended to keep him in the right path, and th& 
facilities for a liberal training were of the best. I remember Endi- 
cott, a bright, handsome, and extremely courteous and agreeable 
boy, in 1840 or thereabouts, when he began to prepare for Harvard 
at the Latin School, a public school strictly devoted to preparing 
boys for college, where nothing but Latin, Greek, and Mathematics 
was taught. This school has come down from the very earliest 
days of the Colony. It was founded in 1687 and furnished to the 
first class that graduated from Harvard, in 1642, at least one man 
who afterwards became distinguished on both sides of the Atlantic. 
The discipline was severe and absolutely equal. It was a strictly 
democratic community, and it is certain that every boy found there 
his level and learned to realize that all are made of one flesh and. 
one blood. Every year the school sent to Harvard a group of boys 
well prepared and proud of their nativity, who in numbers and 
standing held no mean place in the small classes of those days. 

Harvard College, when Endicott entered it in 1848, was hardly 
more than the germ of the great and powerful University which 
now exists at Cambridge. The whole number of students, lesa 
than three hundred, did not equal the number of teachers now 
employed. There was a mere handful of professors and tutors. 
' The cuniculum in the first quarter of the century had not changed 

3 



84 THE COLONIAL SOCIETY OP MASSACHUSETTS. [Dec. 

much since the dajrs of our fathers. The four old dormitories, 
Massachusetts, Hollis, Stoughton, and Hoi worthy, Harvard, Uni- 
versity and Gore Halls, and Holden Chapel constituted the entire 
plant. The method of tuition varied little from that pursued in 
the preparatory schools, consisting chiefly of learning by rote and 
reciting lessons, with a very few lectures. Examinations were little 
more than nominal and were oral; the modem system of cram- 
ming, unloading and forgetting, had not come in; the elective 
system had not begun ; the stimulating influences and i-emarkable 
facilities now enjoyed were unknown. For all this, it is hardly yet 
possible to say that the new methods are producing a set of men 
sounder and abler and more efficient for the service of the com- 
munity than the old. Comparing the graduates from 1820 to 
1850 with those from 1850 to 1880, — while the latter group far 
excels the former in numbers, it can hardly be said to have pro- 
duced men superior in quality or in distinction. The social advan- 
tages of those days were great, an admirable class feeling prevailed, 
there was very close friction man with man, and each one found 
his place. At any rate. Harvard then furnished the best that 
America afforded, and Endicott got the full benefit of it. He 
appears not to have been a very hard student, but improved his 
time in acquiring a knowledge of books and of general literature, 
which stood him well in hand as a great reader in his subsequent 
laborious life. Among the meritorious students of the Class, he 
stood in the third grade and at Commencement he delivered a 
disquisition on Public Honors in Different Ages. Although he 
was not a member of the Phi Beta Kappa at graduation, he was, 
in 1858, elected into that society of scholars. In the four years 
of his residence at Cambridge, he acquired an ardent love of the 
College as a centre of learning and culture, in which his own in- 
tellectual life had been nourished, and a high appreciation of its 
value as one of the chief factors in the promotion of American 
civilization. This made him through life the devoted servant of 
his Alma Mater, and the important part which he took in the care 
of her interests and the development of her usefulness, resources, 
and influence, entitles him to the grateful recognition of his coun- 
trymen, quite as much as the more public service which he rendered 
in conspicuous ofiicial stations. 

The actual and rapid development of the ancient College into 



1902.] WILLIAM CBOWNINSHIELD ENDICOTT, LL.D. 35 

the great University, which now leads the educational forces of the 
United States, began in 1869 with the election of President Eliot, 
who with a courage, wisdom, concentration of purpose and fertility 
of resource entirely unsurpassed, has conducted its affairs and 
brought it, by the devotion of a long life to its service, to its 
present commanding position. During a large part of this long 
period, Mr. Endicott was honorably connected with the government 
of Harvard, and by careful and skilful attention to its welfare up- 
held the arms of the President, and had a full share in the great 
work of progress which Mr. Eliot designed and accomplished. In 
1875 he was elected a member of the Board of Overseers for two 
years, and again in 1876 for six years more, and a thiid time in 
1883 for a further term of six yeara. On Commencement Day, 
1882, the Degree of Doctor of Laws was conferred upon him " in 
glad recognition of his attainments, station, and influence," — an 
honor which I am sure he enjoyed as much as any distinction 
which ever came to him. In 1884 he was elected a Fellow of the 
Corporation, and, withdrawing from the Board of Overseers, as the 
positions were incompatible, he continued for eleven years, until 
September, 1895, to discharge the important and responsible duties 
of a member of the Coiporation which really controls the destinies 
of the University. In recognition of his loyalty he was elected 
President of the Alumni. Thus for twenty years he served the 
University with unfailing devotion. The value of his long and 
close attention to its interests could not be better expressed than 
by the Resolution passed by his associates on the occasion of his 
resignation, because of failing health, in 1895, — a resolution which 
certainly received the cordial approval of all the Alumni. 

The Board desire to record their sense of the high value of Judge 
Endicott's service to the University, and their regret at losing his sup- 
port in the discharge of their trust. He brought to the service of the 
University an honored name, professional distinction, and a high repu- 
tation in the community for impartiality, dignity, and firmness. 

The members of the Board will greatly miss at their meetings not 
only these rare personal possessions, but also his sincere friendliness 
and the charm of his courteous, cordial manners. 

I have thus surveyed by itself the history of his relations with 
Harvard from the date of his entry in 1843 until his withdrawal 



86 THE COLONIAL SOCIETY OP MASSACHUSETTS. [Dec. 

from the Corporation in 1895, a period of more than half a cen- 
tury ; and this I have done quite in advance of any reference to 
his professional and political services, because to my mind it is 
fully as important as the rest, and because it shows in a clear light 
what manner of man he was, — a typical Harvard man of the 
highest grade, who received and enjoyed aU the benefits and honors 
which the CoUege had to bestow, and who, in glad and grateful 
recognition of the nurture he had received within her walls, 
revelled in her success and through a long life did all he could 
to promote it. Whoever knows Massachusetts well, knows that 
such a man must have been of her very best. 

When Mr. Endicott was approaching the end of his college 
course, the choice of a profession naturally presented itself and 
the charms of a commercial career were pressed upon him. Great 
opportunities in Eastern commerce, in which Salem and his friends 
had still a strong interest, were held out to him, but his tastes lay 
in the direction of law and literature and the possibilities of politi- 
cal life which the profession of the law might open to him, as it 
has always been the chief avenue to public life in America. The 
thirst for wealth which has become such an absorbing and voracious 
appetite in these last days had never fastened upon him, and he 
wisely chose the professional career in which he could by no pos- 
sibility hope to become rich, but for which his natural faculties and 
inclinations so admirably suited him. Having completed his legal 
studies with Nathaniel J. Lord, a noted and very accomplished advo- 
cate of that day, and at the Harvard Law School, he was admitted 
to the Bar in Salem in 1850, and immediately began the practice of 
the profession which requires of those who would win its highest 
prizes more patience, industry, and self-denial than any other call- 
ing; but he had good health, a reasonable ambition, strength of 
wiU, and great tenacity of purpose, and soon won his way to a suc- 
cessful practice. There were still giants at the Essex Bar in those 
days, and some of those great advocates who had won their first 
fame there and afterwards moved to wider spheres of activity, 
occasionally returned to share in its conflicts. The local contes- 
tants had among them many very powerful men, with whom Mr. 
Endicott was soon called to contend, and in a long career of more 
than twenty years he not only held his own, but gradually and 
steadily came to the front, so that at the time he was called to 



1902.] WILLIAM CBOWNINSHIBLD ENDICOTT, LL.D. 87 

the Bench he was without a superior at the Bar of Essex, which 
he had so long adorned. 

During the early years of his practice it was occasionally my 
privilege to hear him try and argue cases, especially before juries 
in the Salem Court House. He had not yet come to the full matu- 
rity of his professional strength, and was not engaged in the larger 
cases of which he afterwards commanded a full share, but he pos- 
sessed and exhibited the prime qualities of successful advocacy. 
Thorough preparation, unvarying coolness, and great readiness 
were of course his, but what always seemed to me to be his dis- 
tinguishing characteristics, were his transparent honesty and fair- 
ness and Ids extreme and uniform courtesy. The tricks of the 
trade had no charms for him. Both Judges and Juries believed 
what he said. They knew they could trust him, and so they put 
their confidence in him. Where he ought to win he won, and I do 
not believe that he ever regretted losing a case that he ought to 
have lost. At the same time the charm of his manner, his winning 
presence, his clear and agreeable voice, and his unruffled calmness 
conciliated the good-will of all, and made it difficult for more bois- 
terous or less scnipulous advocates to get the better of him ; and 
aU the while he was qualifying himself without knowing it for the 
eminent place to which he was at last unexpectedly called, and 
became a thorough master of the law. There was no luck in his 
success at the Bar ; there seldom is. Patronage did not help him ; 
there was no patronage. Clients wanted alwajrs the man who 
could best take care of their interests, and gradually they more 
and more resorted to him. His character told sti-ongly in his favor 
in the race for success, and his naturally good and sound judg- 
ment and conunon sense, strengthened by study and legal training, 
made him a favorite professional adviser. 

These were twenty-three years of stem and strenuous toil and 
rigid self-denial, of which the advocate's life is always full, leaving 
him but little time to indulge in literature which he loved. Read- 
ing was his pastime and recreation. There was very little oppor- 
tunity for sport in those days in Essex County, — sport which 
does so much in England for the professional man, and is now 
beginning to do something for all sedentary men in America. 
The gospel of hard work was still the universal creed in New 
England. While he was pursuing his law study and in the very 



38 THE COLONIAL SOCIETY OF MASSACHUSETTS. [Dec. 

earliest years of his professional life, he held a commission from 
the Governor in the militia of the Commonwealth, as First Lieu- 
tenant and afterwards as Captain of the Salem Light Infantry, the 
crack corps of its day; and many a time, with admiring eyes, I 
have seen him, looking every inch a soldier, proudly marching at 
the head of his little company, which in those days enjoyed great 
local fame. Incidentally, as time went on, politics appear to have 
given him some diversion, and no doubt had his professional labor 
been less engrossing, might have engaged his serious attention. 
He served several years in the Common Council of Salem and 
was one year its President. For many years he was elected or 
appointed City Solicitor, and four times he was the unsuccessful 
Democratic candidate for Attorney General of Massachusetts, and 
once for Congress in the Essex District. I attach, and I think he 
attached, but little importance to these political diversions, except 
as they manifested his public spirit and willingness to sei-ve the 
State or City when duty called, and the growing and general esti- 
mation in which he was held by his fellow-citizens. It was upon 
his equipment and reputation as a lawyer of the first rank, however, 
that liis subsequent public service rested. 

Mr. Endicott's preparation for judicial life, unconscious though 
it was, and without a thought on his part of ever being called to 
serve the community in that position, was constant and uninter- 
rupted through the whole twenty-three years of his career at 
the Bar. The experience of the English Courts, where for cen- 
turies it has been the recognized rule to fill vacancies on the Bench 
by the appointment of the leaders of the Bar, has proved the wis- 
dom of the rule and the success of the system. However improb- 
able it might seem, a priori^ that the advocate's contentious habit 
of mind, persistently and strenuously exercised for half a lifetime, 
could easily be laid aside and exchanged for the judicial habit and 
temper, long experience has demonstrated that leading and thor- 
oughly trained advocates have generally become sound and impar- 
tial judges. Their previous mental labors have not only made 
them thorough masters of the law, but have also given them an 
extensive and far-reaching insight into human affairs in all their 
variety and complexity. An advocate of Mr. Endicott's keen in- 
telligence and vigor of mind could not possibly spend a long 
series of years in the conduct of litigation in a homogeneous 



1902.] WnJJAM CBOWNINSHIBLD ENDICOTT, LUE). 89 

community like Massachusetts without becoming perfectly familiar 
with every sort of legal question that could arise among the 
people, and with the entire range of subjects and facts which the 
solution of those questions involved. In such a practice as his, too, 
there was a department of work, which is in its nature judicial, — 
the giving of professional opinions on every kind of question that 
could arise in a county of widely diversified business and interests, 
and here Mr. Endicott excelled. The same self-reliance and inde- 
pendence of judgment, which, added to his innate spirit of justice, 
went so far to explain his success at the Bar, made his professional 
opinions worth having and acting upon. His mind was proof 
against the insidious temptation which sometimes induces the 
lawyer to lean towards the opinion that is needed or desired by 
the party who consults him, and to convince himself unconsciously 
on the side of his retainer. It was not in his nature and chai-acter 
to yield to such a temptation. His written opinions while he was 
at the Bar were really judicial, and we are not surprised to learn 
from the highest authority^ that **some of [them] upon difficult 
questions . • . had a weight scarcely less than that accorded to the 
decisions of [the Supreme Judicial Court.] " 

Thus we find Mr. Endicott at the age of forty-six in the very 
prime of life, full of health and vigor of body and mind, foremost 
in the forensic arena of his neighborhood, and admirably qualified 
in mind, character, manners, temper, and experience to be a good 
and useful Judge. Had he lived in a jurisdiction where the Judi- 
ciary is elective by the popular vote, the chances would have been 
ten to one at least against his ever being made a Judge. He had 
never curried popular favor or coveted applause, he had been 
diligent in his business to a degree that made it impossible to keep 
himself in evidence before the people, even had he desired it ; he 
scorned all the arts of the demagogue, and had never sought or 
thought of the position. The party to which he had belonged 
nearly all his Ufe, and to which he conscientiously adhered at great 
personal sacrifice, was and had long been in a hopeless minority in 
the Commonwealth whose chief magistrate had the power of ap- 
pointment ; but fortunately for the administration of justice with- 
in her limits, Massachusetts has faithfully adhered to that ancient 

* Attorney-General Knowlton. 



40 THE COIiONIAL SOGIBTY OF MASSACHUSBTIS. [Dec. 

and conservative system, of the appointment of Judges by the head 
of the State to hold office during good behavior, which for more 
than two centuries has worked well in England and for more than 
one has made our Federal Judiciary the stronghold of Justice and 
kept the judicial name above suspicion and reproach. So, when, 
in 1873, Governor Washburn, a Republican, appointed Mr. Endi- 
cott, a Democrat, without his knowledge or any solicitation on 
the part of his friends, as the best man that he could find in 
the Commonwealth for the office, to be one of the Justices of its 
Supreme Judicial Court, he gave a signal demonstration of the 
merits of the system, and at the same time commanded the cordial 
approval of the Bar throughout the State. 

Though taken by surprise, Mr. Endicott promptly answered 
"ready," and immediately took his place in that distinguished 
tribunal, which from the beginning has been the crowning glory of 
Massachusetts, and has, perhaps, done more than any other Court 
except tlie Supreme Court of the United States to maintain the 
judicial purity, dignity, and power. His six associates were already 
eminent and experienced Judges. The work of the Court was 
incessant and heavy, and to assume at once his full and equal share 
of its labors called for the full exercise of his best powers. It has 
always seemed to me that while at the Bar he had considerable 
reserved power, and did not put forth all his strength. At any 
rate he did not often make those strenuous and desperate exertions 
which stem necessity compels from men who know that they must 
succeed or perish. His circumstances were comfortable and his 
success and leadership came easily, to a degree which convinces 
me that in a wider field, where the strife was harder he would still, 
with more of a struggle, have worked his way to a leading place, 
similar to that which he had attained at the Essex Bar ; but now, 
in the Court, his judicial duties tested his powers, and demanded 
his full strength from the beginning. He was armed with the full 
panoply of justice. He was not one of those Judges who, as often 
happens under the elective system, have to be educated upon the 
Bench. He entered at once on a term of arduous labor which 
lasted without interruption for more than nine years, and to 
which he applied himself with such an earnest endeavor to do his 
whole duty, that at last it exhausted his health and strength, and 
came dangerously near terminating his extremely useful life. In 



1902.] WILLIAM CROWNINSHIELD ENDICOTT, LL.D, 41 

the words of the distinguiBhed advocate^ whom I have abeady 
quoted : — 

From the very beginning he proved himself to be an admirable 
Judge. His first opinion, printed upon the page following that con- 
taining the memorandum of his appointment, . . • showed the hand of a 
master. With scarcely an unnecessary word or phrase, and yet with a 
felicity of expression that never failed him, it reached its conclusions 
in a way that made them appear to be almost axiomatic. It was a 
model opinion; one of the kind that convinces even the losing side. 
The standard thus at once reached was consistently maintained 
throughout the ten years of his service. Not one of his opinions 
has been over-ruled. 

This last statement is a signal testimony to his judicial ability, 
fidelity, and power of research, for the twenty-two volumes of Re- 
ports of the Court during his tenure of office contain 878 opinions 
written by him, upon almost every conceivable question of law, 
many of them involving the study and analysis of intricate and 
tangled questions of fact, and from first to last bringing beforo 
him for review the whole complex and multifold life of the people 
of a busy and enterprizing Commonwealth. This regular and 
severe work of hearing arguments, attending consultations, and 
writing opinions, was frequently interspersed with the holding of 
jury trials in both civil and capital cases, a service for which his 
admirable temper and long and varied experience as a jury lawyer 
had specially qualified him. Only those engaged in the profession 
can justly appreciate the prodigious amount of drudgery, labor, and 
strain, as well as of intellectual exertion of the highest quality 
involved in such a life, for one who, like him, was inspired with 
the earnest purpose to do his whole duty in the best way possible. 
Of course, many cases were easy of solution, but he must have had 
constantly on his mind the more difficult ones that required ex- 
hausting investigation and deliberate consideration, — always very 
wearing work. In disposing of these, he must have kept con- 
stantly in mind the necessity of living up to the traditions and 
reputation of the illustrious tribunal of which he was a member. 
The physical labor thrown upon him was no trifling matter. The 
age of universal stenographers and typewriters, which enables us 

1 Attorney-General Knowlton. 



42 THE COLONIAL SOCIETY OF MASSACHUSETTS. [Dec 

now to despatch twice as much business half as well, had not yet 
fully come, and his son teUs us that his opinions were, " for the 
most part, in his own handwriting." 

Apart from the written results of his continuous and wellnsus- 
tained industry as they appear in the Reports, the testimony is 
harmonious and universal to his superior excellence as a Judge. 
His inherent natural qualities formed the basis on which his judi- 
cial character rested. He was healthy -minded and high-minded, 
and of adequate intellectual force and strength; he was truly 
learned in the law, and he had an innate sense of justice and a 
love of fair play which enabled him to hold the scales of justice 
always even. There was a dignity and repose about him, absolute 
impartiality, and uncommon courtesy, that made him upon the 
bench the ideal impersonation of Justice. It was never my good 
fortune to see him in the dischai-ge of his judicial duties, and I may 
perhaps be permitted to quote a few words from the very sincere 
and affectionate tributes that were paid to him at the Bar Meeting, 
and in the Court immediately after his death, by those who had 
long been in close contact with him. 

His nataral open-mindedness and his essentially judicial temperament 
were recognized on all hands. 

A more dignified, graceful, and effective presiding magistrate it has 
never been my fortune to see on the Bench. 

The individual charm that belonged to him, the handsome presence, 
the refined and expressive countenance, the gracious and genial manner, 
only his contemporaries and professional associates can justly appreciate.^ 

His urbanity and his knowledge of men and of affairs rendered the 
transaction of business in his Court smooth and expeditious. 

His opinions were sound and his culture and command of language 
lent them terseness and lucidity.^ 

To great beauty and natural grace of person were added a dignity of 
bearing which did not fail to impress all who came before him, and a 
winning courtesy of manner which attracted and charmed everyone. 

He was the learned, accomplished, high-minded gentleman upon the 
Bench.' 

1 Hon. Richard Olney. • Mr. Lie wis S. Dabney. 

* Mr. Solomon Lincoln. 



1902.] WILLIAM CB0WNIN8HIELD ENDICOTT, LL.D, 43 

[In all cases,] his Judgments will be found . . . satisfactory, his learn- 
ing adequate, his perception of the real points clear, his grasp firm and 
strong, his power of statement marked, his style excellent. 

His name will be enrolled amongst those whom the Bar of Massachu- 
setts will evermore hold in respect and honor. ^ 

Above all, he loved justice and right and truth and honor. . . Such a 
man may well be said to be born a Judge. 

His sweetness of temper was proof against all irritation. . . To try a 
case before him afforded a distinct and peculiar pleasure, due simply to 
the manner in which the Judge conducted the trial.' 

He was a gentleman, in the truest sense of the word. His work left 
no doubt that he was also a lawyer. And when the gentleman and the 
lawyer are combined in one the result is the best type of Judge.* 

Chief-Justice Holmes well portrayed his Judicial character : — 

I . . . think that he represented in the superlative degree my notion of 
the proper bearing and conduct of a Judge. Distinguished in person, 
with the look of race in his countenance which in more ways than one 
suggested a resemblance to that first Endicott to whom Massachusetts 
owes so much, he sat without a thought of self, without even the un- 
conscious pride or aloofness which seemed, nay, was his right, serenely 
absorbed in the problems of the matter in hand, impersonal yet human, 
the living image of Justice, weighing as if the elements in the balance 
were dead matter, but discerning and collecting those elements by the 
help of a noble and tender heart. 

Such tributes as these from those who knew him best, uttered with 
evident truth and sincerity nearly twenty years after he left the 
bench, indicate how deep and lasting a mark he had left upon the 
profession. He was an eminently good, wise, and useful Judge, and 
ranks high in the long list of the members of the Court who have 
made it so eminent among American tribunals. His heart was in 
his work and his conscience too, and he appears to have been 
singularly free from judicial faults that are not uncommon. 
He had none of that impatience which leads some judges to inter- 
fere and take the case out of the hands of counsel, before the 
trial or argument has fairly begim, as if they knew it all better 
than those who were responsible for its conduct and had made it 

^ Hon. Charles Allen. * Mr. Causten Browne. * Attorney-General Knowlton. 



44 THE COLONIAIi SOCIETY OF MASSACHUSETTS, [Dec. 

the subject of protracted study. He respected the rights of the 
Bar as carefully as he maintained the dignity and authority of the 
Court, and was never dictatorial or domineering. His nerves and 
temper were always well in hand, so that he was never peevish or 
petulant. He never sought by the exercise of his judicial functions 
to win applause or attract popular favor, but was content and 
anxious only to do justice. Remembering the shortness of life and 
the value of time, he did not overload his opinions with superflu- 
ous quotations from authorities and precedents, but expressed his 
reasons with brevity, clearness, and force, and so carried conviction 
and left his decisions worthy models for imitation. The one pre- 
eminent trait which made him a marked man among his fellows, at 
the Bar or on the Bench, was his charming courtesy and attractive 
dignity of manner, which made him a universal favorite in Court, 
so that whether he was conducting a trial or argument as counsel, 
or presiding in the tribunal of wliich he was an ornament, he was 
a fine example of the finished and perfect gentleman. It was no 
light measure of praise when the Chief-Justice ^ said of his man- 
ners that " his example has prevailed, and that now it is the rule 
that a lawyer will try his case like a gentleman, without giving 
up any portion of his energy and forCe." 

I have dwelt at considerable length upon his judicial career, be- 
cause to my mind the office and the service of the Judge are the 
highest and noblest that man can exercise upon earth, and in his 
hands they suffered no detriment. He wore the ermine gracefully 
and transmitted it as spotless as he received it. Judge Endicott 
very closely resembled the ideal judge as portrayed by Rufus 
Choate in his celebrated address on the Judicial Tenure : — 

A man towards whom the love and trust and affectionate admiration 
of the people should flow; . . . one to whose benevolent face, and bland 
and dignified manners, and firm administration of the whole learning 
of the law, we become accustomed; whom our eyes anxiously, not in 
vain, explore when we enter the temple of justice ; towards whom our 
attachment and trust grow even with the growth of his own eminent 
reputation. 

The strain of his faithful and unremitting labor, in the tenth year 
of his service, resulted, as too often happens, in broken health and 

* Hon. Oliver Wendell Holmes. 



1902.] WILLIAM CBOWNINSHIBLD ENDICOTT, LL.D. 45 

shattered nerves, and compelled him, against the earnest protest 
of all his colleagues, to send his resignation to the Governor,^ 
whose response well expressed the judgment of the State for which 
he spoke : — 

It is with the greatest relactance and only upon conviction that your 
determination is final that I accept your resignation of the office of 
Justice of the Supreme Judicial Court I express the unanimous senti- 
ment of the Commonwealth when I say I regret the loss to Massachu- 
setts of your learning and wisdom, and express the hope that you may 
soon be restored to health and to the judicial service which you have 
so long adorned. 

This remission of labor was timely, and after a year or two of 
repose and travel he returned to Massachusetts restored in health, 
with much capacity for future service, though never so robust as 
of old. 

Mr. Endicott was never a politician and with aU his charming 
manner and attractive personality he never cultivated those arts 
which win popular favor and applause. As we have seen, he had 
often been a candidate for Attorney-General and once for Congress, 
but these nominations were not of his own seeking and he probably 
never lifted his voice or hand to secure votes. His party in the 
State had long been sadly demoralized, but the nomination of Mr. 
Cleveland for the Presidency in 1884 roused it to new activity, and 
its convention at Worcester unanimously insisted upon nominating 
Mr. Endicott for the high office of Governor. No office could 
possibly have been more attractive to him, and there was no man 
in the State who would have more fitly adorned it. It must have 
touched and awakened, I will not say the desire, but rather the 
dream which he must have cherished, of the possibility of filling 
the place which his renowned ancestor had so worthily filled. 
Nothing could be more captivating than the idea of such an hered- 
itary succession by the will of the people after an interval of seven 
generations ; but whether it was that he distrusted his recovered 
health, or shrank from the uncongenial pursuit of a hotly contested 
and extremely doubtful campaign, he at first refused the nomination 
which was thrust upon him by the Convention in — 

^ Hon. John D. Long. 



46 THE COLONIAL SOCIBTY OF MASSACHUSETTS. [Dkc 

merited recognition of his life-long devotion to Democratic principles, 
his fidelity to all the public trasts he had assumed, and the dignity, 
honor, and rectitude that had always marked his intercourse with his 
fellow-men. 

But being finally persuaded that his candidacy might help the 
election of Mr, Cleveland, in whose behalf he was wannly enlisted, 
he, much against his will, accepted the nomination upon the rare 
but highly characteristic condition that he should not be required 
" to take the stump." His acceptance was an acknowledged tribute 
to the ^^ honesty, fidelity, courage, and patriotism of the national 
candidate." 

Attracted by his loyal devotion to the principles in support of 
which he had himself been elected, while Endicott had been de- 
feated, Mr, Cleveland, though personally a stranger to him, in con- 
sidering the composition of his Cabinet, in February, 1885, invited 
him to Albany and offered him the position of Secretary of War. 
Upon full consideration of the responsibiUties ani sacrifices which 
the position would exact, and in the same spirit in which he had 
led the party in Massachusetts, he accepted the office, which he 
filled acceptably and to the public advantage for four years from 
the fourth of March, 1885. It was weU for him that the office 
in that period of peace and tranquillity did not impose upon him 
the colossal duties and difficulties that have lately rested upon the 
stalwart shoulders of his successor, the pi-esent incumbent The 
routine of the Department in those days, though exacting, was 
uniformly quiet, and his health and strength proved entirely ade- 
quate to the highly creditable and useful discharge of every duty 
cast upon him. 

The only fighting which the United States Army had to do 
during his administration was in the suppression of Indian out- 
breaks, and the last of the considerable Indian fights ended happily 
in 1886 with the final defeat of the Apaches and the capture of 
their chief, Geronimo, who had given infinite trouble. 

He contributed to the Cabinet and Administration of Mr. Cleve- 
land, an element of great refinement and culture, the charm of his 
attractive personality, social gifts of a high order, great wisdom in 
counsel, purity of character which commanded the confidence of 
the approving Nation, and a loyal support and encouragement to 



1902.] WILLIAM CEOWNINSHIELD ENDICOTT, LL.D. 47 

all the earnest efforts of his chief for the reform of the public ser- 
vice and the maintenance of the national credit and dignity, and 
we have the cheerful and emphatic testimony of the present dis- 
tinguished Secretary of War, that the position which Mr. Endicott 
held in the Cabinet — 

though foreign to his training, he immediately rendered conspicuous 
by strict attention to duty, and a keen interest in the Army and its 
requirements. . . He initiated many important reforms which, pressed 
to successful conclusion, enabled him to maintain undiminished that 
high standard of integrity for which the Department of War has ever 
been distinguished. 

It would not be useful here to detail or to summarize the many 
important subjects of a technical nature which engaged his atten- 
tion as Secretary of War and which have passed into the history of 
the army and the country ; but as indicative of his faithful support 
of Mr. Cleveland's efforts to promote the stability of the civil 
service, it is worthy of special notice and remembrance that out of 
a total of 1619 employees of the War Department and its bureaux, 
whom he found when he took .office, all of whom had been appointed 
by the opposite political party, he made, in the four years of his 
tenure of office, only thirteen removak except for cause or for the 
reduction of the force. 

He took a vivid and constant interest in the Academy at West 
Point, as the invaluable nursery of military education, upon which 
the good name of our Army and its officers must always depend, 
and his addresses to its graduating class from year to year were 
patriotic and stimulating. With persistent energy and zeal he 
initiated many re-organizations and reforms of bureaux and depart- 
ments of the Army Service, the beneficial results of which are per- 
manent and of great utility. The Board of Fortification and other 
Defences, created by an act of Congress on the day before he took 
office, to devise measures for the defence of the coast and harbors 
and seaboard cities and which is known as the Endicott Board, 
cast upon him, as Chairman, most laborious duties, and established 
the policy according to which our coast defences are now main- 
tained out of large appropriations made for the purpose. His 
four annual reports to Congress disclose an enormous amount of 
detail work most faithfully done. 



48 THE COLONIAL SOCIBTY OF MASSACHUSETTS. [Dec. 

Judge Endicott was a good speaker, and on the few occasions 
which enlisted his sympathies and on which he permitted himself 
to be drawn upon for such service, he delivered excellent discourses. 
His elaborate and sympathetic addresses in 1869, at the dedication 
of the Museum of the Peabody Academy of Science in Salem, and 
in 1878, on the two hundred and fiftieth anniversary of the landing 
of John Endicott, commanded great attention, and their perusal 
discloses an intimate acquaintance with the local history of his 
native city and county and a *deep interest in the development of 
New England. Besides his devotion to Harvard College, his inter- 
est in the cause of education was manifested by his service as a 
Trustee of Groton School and of the Peabody Education Fund. 

After his retirement from the Cabinet in 1889, he resumed the 
practice of his profession in Boston, in a quiet and dignified way. 
His advice and services were eagerly availed of by many important 
interests, which he served as long as his waning health permitted, 
till at last, worn out by his long course of professional and public 
service, he retired to his country seat at Danvers, where, surrounded 
by scenes that had been familiar to his g^reat progenitor, and in the 
enjoyment of all that should accompany old age, he passed the 
evening of his days in dignified repose. 

Such a sketch as this that I have attempted, of one whose career 
was for the greater part of it conspicuous in the eyes of his fellow- 
men, might, perhaps, remain without reference to that inner life, 
known only to his familj' and his friends and guarded by himself 
as something too intimate and sacred for other eyes to penetrate. 
And yet, in his case, the memorial must be very incomplete which 
fails entirely to notice this side of his existence. 

The strategy of a soldier, the invention of an author, the policy 
of a statesman may be, and often have been, independent of the 
circumstances of their domestic life and even of their private 
character; but William Endicott was through all, and above all, 
a great gentleman ; and he could not have been this, had his inner- 
most thoughts and most intimate surroundings been other than 
they were. 

So I will say, in few words, that no man has ever been more 
beloved by those nearest to him, none has had warmer friendships 
and kept them longer unchanged, and none has had greater power 
of attracting and giving sympathy in his intercourse with all sorts 



1902.] WILLIAM CR0WNIN8HIELD ENDICOTT, LL.D. 49 

and conditions of men. Joined to the reserve, which was so 
marked a part of his nature, were a keen appreciation of chamcter 
and a kindly sense of humor that won for him the affection and 
respect of aH with whom he was brought into contact. The old 
Yankee farmer, the country lawyer, the little tradesman in the 
town were as much at home with him as the most cultured writer 
and distinguished jurist whose friendship he had made among the 
first men of his time both in America and in Europe. 

To all alike his dignified simplicity and tolerant humanity equally 
appealed ; and, while the most learned and cultivated found in him 
a refined and delicate intelligence, the loving regard of humbler 
minds was not less surely attracted by his generous sympathy and 
transparent honesty. 

And so he passed away, keeping clean to the end the unstained 
record of his ancestors, and leaving behind to his family and his 
friends the memory of a pure, an upright, and an unselfish life. 
Whether we regard him as lawyer, judge, statesman, or citizen, he 
commanded the respect and affection of his own generation, and 
his memory should be handed down to those who come after us as 
a model for the Americans of the future. 



60 THE COLONIAL SOCIETY OP MASSACHUSETTS. [Jan. 



JANUARY MEETING, 1903. 

A Stated Meeting of the Society was held at No. 25 
-^^ Beacon Street, Boston, on Thursday, 22 January, 
1903, at three o'clock in the afternoon, the President, 
George Lyman Kittredge, LL.D., in the chair. 

After the Records of the December Meeting had been read 
and approved, the Corresponding Secretary reported that 
a letter had been received from Mr. Ezra Ripley Thayer 
accepting Resident Membership. 

Mr. Andrew McFarland Davis read the following 
paper on — 

THE confiscation LAWS OF MASSACHUSETTS. 

An examination of the several resolves passed by the Committee 
of Safety and the Provincial Congress in Massachusetts, and later 
the resolves and statutes passed by the Assembly of the Colony, 
will reveal the fact that there was some authority to be derived 
therefrom for nearly every outrage committed upon the property 
of the Loyalists in the name of the Committees of the several 
towns.^ No such legislation exists, however, under cover of which 
assaults upon the person could be justified. The great dramatist 

^ The legislation considered in this paper is that which applied to refugees 
like John Chandler and to their property. The following Acts which reached 
the cases of Loyalists who remained in Massachusetts, are not discussed. 
Perhaps reference to them is necessary to roand out the subject : — 

The Act for disarming persons notorioaaly disaffected to the cause of America, passed 
1 May, 1776 (Province Laws, v. 479) ; 

The Act for taking up and restraining persons dangerous to this State, passed 9 May, 
1777 (fWrf.v. 641); 

The Act for securing this and the other United States against the danger to which 
they are exposed by the internal enemies thereof, passed 10 May, 1777 {Ibid. v. 648) ; 

The Act for prescribing and establishing an oath of fidelity and allegiance, passed 
3 February, 1778 {Tbid, v. 770) ; 

together with the several amendments, additions, and explanations of these acts subse- 
quently passed. 



1003.] THE CONFISCATION LAWS OF MASSACHUSETTS. 51 

represents the brawlers in the streets of Verona, even while carry- 
ing out the traditions of the houses to which they belonged, as 
discussing whether they had the law on their side before they 
would take their chances of injuring their opponents in a street 
fight Not so the Patriots. However scrupulous they might be 
in seeking the protection of the law before invading property 
rights, they did not hesitate to maltreat offending Tories in a law- 
less and scandalous manner. Acts of this sort that were perpe- 
trated in the name of Committees were subsequently brought 
under the SBgis of the law. Any member of any of the Committees 
of Correspondence, etc., who at any time prior to the Declaration 
of Independence made any mistake in the seizure of property or 
in apprehending or confining any pei*son was, by a law passed for 
that purpose, screened from suits for damage.^ 

The resolves and the statutes of this period also tell the story of 
the progressive change of feeling towards the Loyalists which 
accompanied the growth of belief that the colonies might prevail 
and that a separate government might be the result of the contest 
then going on. Even before the first collision at arms, many loyal 
citizens sought protection in Boston from the abuse of their former 
friends and neighbors. So long as there was no form of govern- 
ment, except that under the Charter, there was no such thing as 
an abandonment of property involved in taking such a step as this, 
but after the organization of the Provincial Congress, Massachu- 
setts was for a time practically under two governments, the one 
having control in Boston, the other covering the rest of the 
Province. When, therefore, after the battle of Lexington, citizens 
of the towns near Boston fled to that place, their flight, in some 
cases at least, was accompanied by an abandonment of property. 
In some instances, relatives were left in charge of the homes thus 
deserted, but there were many prominent men who felt that 
personal safety was the first consideration, and who, being entirely 
unprepared for the unexpected situation, were compelled to leave 
their homes without having had a chance to install representatives. 
Property thus abandoned was exposed to pillage. Its protection 

^ An Act to indemnify, and to secure from prosecution in law, persons who 
by their laudable exertions under the late government of the king of Great 
Britain, have exposed themselves to actions of damage, and other prosecutions, 
in certain cases, passed 10 April, 1780 (Province Laws, ▼. 1169). 



52 THE COLONIAL SOCIETY OP MASSACHUSETTS. [Jan. 

was the first thought of the authorities. Sequestration could not 
at that time have entered the mind of anybody as a possible solu- 
tion for the question of its future disposition. It may be assumed, 
therefore, that the sole motive which governed the first legislation 
touching property in this condition was the protection of the com- 
munity from the excesses of evil-doers. The exposed property 
was a temptation. There was a measure of responsibility on the 
part of the Patriots for this exposure. It could be atoned for in 
part by assuming control of the property for the benefit of whom 
it might concern. This was evidently the spirit in which the 
Committee of Safety, 3 May, 1775, instructed the quarter- master- 
general to pay the strictest attention that the household furniture 
of those persons who had taken refuge in the town of Boston 
might be property secured and disposed of in places of safety.^ 

The masterful tone and the revengeful spirit of the Confiscation 
Act are entirely wanting here, and yet the next step taken, even 
though it was more than a year before the Declaration of Indepen- 
dence, is characterized by an apparent confidence not altogether 
warranted by the military situation, a confidence which analysis 
sliows to have been, after all, merely apparent. This time it was 
tlie Provincial Congi-ess which spoke, and on the twenty-second 
of May, forbade all persons in this " Colony " taking any 
deed, lease or conveyance of the lands, houses or estates of the 
refugees.' The object of this was clear enough. Refugees, if 
permitted, would hasten to lodge their titles in the names of 
relatives or friends less objectionable to the Provincial Congress 
than themselves. It will be observed that the resolve does not 
undertake to prevent refugees from making such conveyances, 
but simply forbids others to take them. In order to make such 

^ Province Laws, v. 706 ; and The Journals of each Provincial Congress of 
Massachusetts, in 1774 and 1775, and of the Committee of Safety, etc,^ p. 534. 

In the note to Chapter 38, Laws of 1776-77 (Province Laws, v. 706-713), 
Mr. Goodell has collected not only the legislation on this point but also much 
material bearing upon it. In a similar way he has performed for us the same 
service in connection with Chapters 24, 48 and 49, Laws of 1778-79 in the 
same volume (pp. 1001-1009, 1052-1057, 1064), which deal with the same gen- 
eral subject at a later date. There is more of detail in these notes than can 
be produced here, but their examination will disclose how exhaustive they are 
and how little is left for the student of the subject to do. 

* Province Laws, v. 706; Journals of the Provincial Congress, etc.y p. 249. 



1903.] THE CONFISCATION LAWS OP MASSACHUSETTS. 53 

deeds effective, the grantee must have been some person who 
could have access to the property.. This was only possible at 
that time for such as had given in their allegiance to the Pro- 
vincial Congress, hence the resolve in this form probably served 
its purpose. 

Events had advanced far enough to stir up the more radical of 
the Patriots to a desire for aggressive legislation but not far 
enough to relieve the apprehensions of the timid and the con- 
servative among the legislators. The first armed collision had 
taken place, but the lesson of confidence in the courage of the 
undisciplined volunteers then thronging on Cambridge Common, 
soon to be learned at Bunker Hill, had not been received. There 
was nothing which should cause even the timid to hesitate in the 
passage of a resolve to which obedience was alone expected from 
those who had given in their fealty to the Provincial Congress. 
There was nothing in its wording which portended confiscation, 
yet this compulsory retention of titles in the names of the refugees 
must have had some such ulterior intention. 

Meanwhile, the Committee of Safety was in closer touch with 
current events bearing upon this property question than was the 
Provincial Congress. Complaints of the waste and destruction of 
the property of refugees poured in upon the committee in such 
numbers that on the twelfth of June 1775, they called the atten- 
tion of the Provincial Congress to the subject.^ How close was 
the touch and how trivial were some of the affairs with which the 
Congress and the Committee concerned themselves is shown by 
the recommendation to the Committee made by the Congress in 
consequence of that aj)p^^l:. ;They werec laequested to have the 
grass cut on certain estates- of- reftrgees in Cambridge, Charles town, 
Roxbury and Milton, and to*,soc5ire» ic i"h'gioijit5 convenient place for 
the benefit of the eoidny.^ -Tw© comrkiktee^ were appointed by 
the Congress, one to take care of estates of refugees and one to 
take into consideration the property of persons who. had left their 
habitations in sundry towns in the Colony and who had " discov- 
ered " themselves to be enemies to the Colony and the continent.^ 

1 Province Laws, v. 706 ; Journals of the Provincial Congress, etc., p. 563. 

* Province Laws, v. 707 ; Journals of the Provincial Congress, etc., p. 322. 

• Province Laws, v. 707; Journals of the Provincial Congress, etc., p. 337, 
and Report of Committee, 17 June, p. 348. 



54 THE COLONIAL SOCIETY OF MASSACHUSETTS. [Jax. 

On the twenty-first of June, 1775, the Provincial Congress recom- 
mended the selectmen and the committees of correspondence of 
towns where any of the property of refugees was to be found, to 
take possession of such property and protect it from waste. They 
were to keep a record of the rents and profits which they should 
receive and they were to account to the Provincial Congress or the 
Assembly of the Colony for what they should collect, when thereto 
required.! This important resolve lies at the base of all subsequent 
legislative action down to the passage of the Confiscation Act. 
The underlying principles are the same as those which were subse- 
quently elaborated into the act to prevent the waste, destruction 
and embezzlement of the property of refugees. All property of 
refugees was to be seized and the rents and profits therefrom were 
to be accounted for to the government. 

The use in this connection of the descriptive title The Assembly 
of the Colony calls attention to the legal theory under which 
the proceedings of the colonists had theretofore been conducted. 
There was of course no provision in the Charter under which such 
a body as the Provincial Congress could have been organized. Its 
members, although in revolt against the duly appointed repre- 
sentative of the Crown, had not as yet thrown oflf allegiance to 
Great Britain, nor was the situation such that they could with 
confidence expect that their proceedings would eventuate in such 
a result. They bore the same relation to the Crown as did their 
ancestors when they seized and imprisoned Andros, and the name 
Provincial Congress which they adopted was to a certain extent a 
misnomer, for the essence of a province was that it should have 
a Governor appelated 'byVthteiCiNown.' -The elective body which 
in the summer o^ l?7B*«was-ergamzedf6r legislative purposes 
through the instr^um^ntftlity pf this Congress was styled an As- 
sembly of the Obloriy,' aiid-as silch its first act was to legalize 
the doings of the "Provincial Congress of the Colony."* 

The attitude taken in the resolve of the twenty-first of June 
would seem to have been too bold for some of the legislators, for, 
on the eighth of July, they secured the passage of an explanatory 
resolve, to the effect that the resolve of the twenty-first of Jime 

1 Province Laws, v. 707 ; Joaraals of the Provincial Congress, etc,, pp. 868, 
360. 

* Province Laws, v. 415. 



1003.] THE CONFISCATION LAWS OF MASSACHUSETTS. 65 

was only intended to apply to such estates as were "left unim- 
proved and void of any occupant or possessor." Other estates 
ought not to be so treated until the refugees should be " regularly 
incHcted and tried for their supposed offences." ^ The operation of 
the resolve diflfered from that produced by the one passed on the 
third of May, as follows : Instead of being restricted to the house- 
hold furniture of those who had taken refuge in Boston, it applied 
to all abandoned property in the Province, and instead of the 
custody being turned over to the quarter-master-general, the prop- 
erty was intrusted to the care of the selectmen and committees 
of correspondence. The cause of these changes is obvious. To 
avoid insult and actual physical maltreatment, Loyalists from 
all parts of the Province had been compelled to take refuge in 
Boston. If, in so doing, they left behind them property without 
adequate provision for its care, it was plain that so narrow a 
description as "household furniture" might not cover all cases. 
The appointment in the original resolve of the quarter-master- 
general as custodian was evidently a mere temporary makeshift. 
The transfer of the keepership of the seized property to the select- 
men and committees of correspondence was a practical acknowl- 
edgment of responsibility and indicated a recog^nition of the: 
probable necessity for a more protracted custody and an accept- 
ance of the self-imposed trust 

Legislation with reference to abandoned property was permitt.ed' 
to rest in the condition laid down by the resolve of 21 June, 1775, 
as amended by that of the eighth of July of the same year, for 
about ten months. The subject was however discussed from 
time to time in the legislative body representing the people^ 
whether congress or assembly, and the various propositions then 
introduced indicate that the representatives were becoming more* 
and more aggressive. Thus, on the fifteenth of August, 1775, 
the House appointed a committee to examine the resolutions of 
the Continental Congress respecting refugees and report what was. 
required to be done.^ Again, on the ninth of November, 1775, a 
resolve was passed in the same body empowering the selectmen 
and committees of correspondence, in towns where refugees had 

* Province Laws, v. 707 ; Journals of the Provincial Congress, etc., p. 476. 

• Province Laws, v. 707; House Journal, p. 73. 



56 THE COLONIAL SOCIETY OF MASSACHUSETTS. [Jan. 

left estates, both real and personal, to take care of the personal 
estate and to sell stock which could not be kept on account of the 
scarcity of fodder; to take care of the produce of the farms; to 
keep an account of their doings and report to the court when re- 
quired.^ The Council amended this resolve in three ways : They 
wanted to have the control of the selectmen and committees lim- 
ited to abandoned property ; they desired to have the report under 
oath; and they wished to preserve a loop-hole for refugees who 
might have some explanation to give of their conduct. This they 
proposed to accomplish by diefining the purpose of the required 
report to be " that justice may hereafter be done to the public as 
also to those individuals, when due inquiry can be made into their 
conduct." 2 Apparently, these amendments were not acceptable to 
the House. The subject was again taken up by the Representa- 
tives on the fifth of January, 1776, and a committee appointed to 
bring in a report.^ On the eighth a resolve was submitted to the 
House.* The hostility of the refugees was set forth in the pre- 
amble in strong terms. They had left behind them estates liable 
to waste and perish, and in some instances had arranged to receive 
rents from their real estate and the proceeds of sales of their 
personal property. The selectmen and committees of correspon- 
dence of any town where such abandoned estates were situated 
were to take possession of the same ; and to manage the real estate 
and dispose of the personal estate, in such manner that no part 
of the rents or proceeds would get in the hands of the refugees. 
Proper accounts were to be kept for the information of the General 
Court when required. This resolve, like its predecessor, met with 
amendment in the Council.^ The most important of the changes 
suggested seems to convey the idea that certain Patriots fleeing 
from Boston had arranged with Loyalists who had taken refuge 
in Boston for an exchange of property. The Council proposed 

1 Province Laws, v. 707 ; House Journal, p. 254 ; Massachusetts Archives, 
ccvii. 270. 

* Province Laws, v. 708, where Mr. Goodell adds : — 

Bj the minutes upon the original resolve in the Archives as well as hy the recorded 
doings of the Council and the House upon this resolve on the 18th and 27th, it does 
not appear to have been passed, notwithstanding an entry to that effect in the bo called 
records of the General Court. 

* House Journal, p. 119. * Ibid, pp. 127, 128. 

* For this amendment, see House Journal, 11 January, 1776, p. 141. 



1903,] THE CONFISCATION LAWS OF MASSAOHtJSKTTS. 67 

that after the clause requiring a report to the General Court, 
there should be added the words — 

*' to whom they are to be accountable, provided always that nothing in 
the foregoing resolve shall extend to such estates real or personal as 
are now improved by persons late inhabitants of the town of Boston, 
who have given up their estates in said town to the owners of estates 
on which they now dwell." 

This amendment was not accepted by the Representatives, and at 
this stage the proposed legislation was apparently arrested. 

On the fourteenth of February, 1776, the subject was again con- 
sidered by the House. A resolve was reported which was duly 
passed and sent up for concurrence.^ This resolve was, in sub- 
stance, the same as that which had been passed by the House on 
the eighth of January, but to the clause requiring the selectmen 
and the committee to report their doings to the court when re- 
quired by that body, these words were added, "and unto whom 
they shall be accountable." There was also a proviso added to 
the effect that the resolve was not to be construed to include 
estates which had been conveyed to persons friendly to the Colony 
prior to 22 May, 1775. There is no record of the action taken by 
the Council on this specific resolve, but it may be assumed that 
it failed of passage in that body. 

Meantime, the evacuation of Boston introduced a new set of 
problems urgent in their nature and requiring immediate atten- 
tion. The compulsory withdrawal of the English army and fleet, 
not only affected military affairs, but the prestige gained by the 
Americans in consequence of this important success reacted upon 
the political situation. It is not strange, therefore, to find imme- 
diately after this event, that thoughts of confiscation began to 
obtrude in the body from which all aggressive action had hereto- 
fore come. On the nineteenth of March, 1776, it was moved in 
the House that a list of the Boston Loyalists be made out, and an 
order was passed for the appointment of a committee to bring in a 
bill for the confiscation of the estates of persons who had aided the 
enemy.* It would seem that the Council was not ready for this 
step, for on the twenty-fifth of March the General Court appointed 

1 Province Laws, v. 708, 709 ; House Journal, p. 293. 
* Province Laws, v. 1052 ; House Journal, p. 18. 



58 THE COLONIAL SOCIETY OP MASSACHUSETTS. [Jan. 

a committee to repair to Boston and make an inventory of the real 
and personal property belonging to the mandamus councillors, 
commissioners of customs and others, open and avowed enemies 
to the rights and liberties of America, who through fear of the 
American arms and the just resentment of their injured country- 
men had departed the town of Boston, and report the same to the 
court as soon as may be. Meantime, they were to cause such 
effects to be secured so as to prevent embezzlement.^ This com- 
mittee found unexpected obstacles in the way of securing posses- 
sion of the property of refugees and sought for and obtained, on 
the third of April, 1776, an extension of their powers.* The re- 
solve under which this was granted, recites that the Court was 
informed that some of the estates of the refugees were then in 
the occupation and possession of persons who had clandestinely 
taken the same, and others were held under pretence of gift, sale 
or attachment. To secure possession of these estates tiie com- 
mittee was authorized to examine under oath persons suspected 
of having in their possession estates of refugees in the same man- 
ner as was permitted by the law governing estates of intestates. 
The committee was also authorized to take possession of property 
belonging to persons in Great Britain, the management of which 
was by power of attorney lodged in the hands of refugees. All of 
this without regard to legal proceedings instituted since the nine- 
teenth of April, 1775. 

On the sixth of April, 1776, justices of the peace were appointed 
to examine Loyalists whose names were on the list.^ On the eighth 
of the same month, the House recun*ed to the question of confisca- 
tion but was then held in check by the Council.* On the ninth, 
the House passed a resolve extending the provision as to inven- 
tories of property of Loyalists to all towns and requiring com- 
mittees of correspondence, safety and inspection, aided by the 
justices of the peace, to prepare lists of refugees.* 

Having thus made provision for securing as far as possible the 

^ Province Laws, t. 700, 1064 ; House Journal, pp. 37, 40, 41. 
' Province Laws, v. 709; House Journal, p. 75; Massachusetts Archives, 
ccviii. 328. 

* House Journal, pp. 88, 80. « Ibid. p. 00. 

* Province Laws, v. 1052 ; Massachusetts Archives, ccviii. 357 ; House Jour- 
nal, p. 104. 



1903.] THE CONFISCATION LAWS OF MASSACHUSETTS. 59 

property in Boston abandoned by the refugees who accompanied 
the British army to Halifax, the House took up the resolve origi- 
nally introduced on the fourteenth of February, and on the nine- 
teenth of April, 1776, passed a resolve in which the Council 
concurred on the twenty-third.^ The preamble asserted that cer- 
tain enemies of the Colony and others who had left the Colony 
with intent to aid the enemy had left behind them real and per- 
sonal property subject to waste. The committees of correspon- 
dence, safety and inspection, in each town where there was 
property of this sort which the committees believed was the prop- 
erty of such refugees, were instructed to take possession of the 
property and to manage the estates according to their best judg- 
ment. They were to lease the real estate for one year; and to 
return an inventory of the personal property and a statement 
giving details as to leases. Estates occupied by persons friendly 
to the Colony under written conveyance dated prior to 22 May, 
1775, were exempted from the operation of this resolve. To this 
was added another clause intended to reach Loyalists who had 
not absconded, but had aided the enemy. The committees were 
ordered to return to the court a list of such Loyalists, including 
therein the names of those who had voted any address to General 
Gage approving his errand to the Colony or his acts as Governor 
since the dissolution of the General Court at Salem in 1774 ; or 
to Governor Hutchinson after the arrival of General Gage ; or to 
General Howe; or who had signed or promoted any association 
for joining or assisting the enemy ; and, finally, a list of the refu- 
gees who had left the Colony with the British army or fleet. 
Accompanying such lists, the committee were to forward evidence 
to prove that the names on the lists were properly there. There 
was a qualifying paragraph which probably means that the names 
of the Loyalists who had given satisfactory evidence of having 
abandoned the cause of the Crown and of having become true 
Patriots were not to be included in the lists. Justices of the 
peace were to aid in the preparation of the depositions. There 
is a degree of hesitancy in this resolve, which, under the circum- 
stances, seems singular. The evacuation of Boston was such a 
triumph for the American forces that the Patriots must thereafter 

^ Province Laws, v. 710; House Journal, pp. 153, 154. 



60 THE COLONIAL SOCIETY OF MASSACHUSETTS. [Jan. 

have felt reasonably secure in taking whatever steps they chose. 
To a certain extent this feeling is shown in calling for lists of 
Loyalists and refugees, but the power of control over the estates 
of refugees was limited in such a way as to indicate some ulterior 
purpose as to these estates. The leases of real estate which the 
committees were authorized to make were limited to one year and 
no authority whatever to dispose of personal estate was conferred 
in the resolve. It was soon realized that this resolve conflicted 
with the one of the twenty-fifth of March, appointing a committee 
to take charge of the abandoned estates in Boston. This situation 
was remedied by the passage on the second of May of a resolve 
continuing the powers of this committee until further order of the 
General Court, notwithstanding the resolve of the nineteenth of 
April.i 

By this time it was realized that the fugitive Loyalists had left 
behind them families dependent for their support upon the prop- 
erty which had been seized and in this resolve recognition was 
had of the obligation which the government had assumed by taking 
possession of the property. This was accomplished by adding a 
proviso which gave authority to the committee to make allowance 
out of such estates, or the improvement thereof, for the support 
of the wives and children of the persons whose property was in 
the hands of the committee. The committee was also ordered to 
dispose of perishable property by auction. Through the above- 
mentioned action, provision was, to a certain extent, made for the 
support of the families of the Boston refugees, but no thought 
was had for those who were similarly situated elsewhere in the 
Colony. On the twenty-fifth of June, 1776, however, a committee 
was appointed by the House to inspect the returns of the com- 
mittees of correspondence with respect to the estates of refugees 
and to report if anything was required to be done in connection 
therewith .2 On the same day the House passed a resolve author- 
izing the committees of correspondence having estates of refugees 
in their possession, to allow for the support of the families so much 
of the improvement of the estates as, combined with the industry 

1 Province Laws, v. 710; Massachusetts Archives, ccix. 107. The resolve 
of 19 April, as it is generally cited, is the one that was concurred in by the 
Council April twenty-third. 

* Province Laws, v. 711 ; House Journal, p. 127. 



1903.] THE CONFISCATION LAWS OF MASSACHUSETTS. 61 

of the families, would provide for their comfortable support.^ Tlie 
selectmen of the towns, or the overseers of the poor, were by 
the terms of this resolve " empowered to bind out the children 
of such Tories in like manner as they are by law empowered to 
bind out the poor of their towns." The committees of correspon- 
dence were also authorized to sell perishable property belonging 
to said estates. It scarcely needs to be stated that the Council 
did not agree to the proposition to permit the compulsory appren- 
ticeship of all children of Tories, irrespective of their surround- 
ings and regardless of the question whether the seizure of the 
property of their parents would of necessity result in their be- 
coming public charges. 

Up to this point thei*e had been no general authority conferred 
to sell pi'operty, and no appropriation by the Colony of the seized 
effects. Perishable property had been oitJered to be sold, and from 
time to time specific instructions and special authority had been 
given in particular cases. 

The Assembly of the Colony was in session at the date of the 
Declaration of Independence, but was prorogued on the thirteenth 
of July, 1776, prior to the receipt of official information of the 
action of the Continental Congress. When the legislators met in 
August of that year, they represented one of the United States of 
America, and the revolt which had been in progress had become an 
open war against England. This permitted, indeed, it may be said 
to have compelled, the placing upon the statute books, in permanent 
form, a definite policy with regard to the estates of refugees, in 
place of the various conflicting resolves under which seizures had 
been made. The matter was taken up in October,^ but the act to 
prevent the waste of the estates of refugees, which was the result 
of these deliberations, was not finally passed until April, 1777. 
Meantime, the only change in the relations to the subject of those 
holding property of refugees under authority of the various re- 
solves, would seem to have been effected by a resolve passed 81 
January, 1777, ordering the committee for securing the estates of 
the absconding enemies to the rights of America to turn over to the 

* Province Laws, v. 711 ; Court Records, xxxv. 77; printed Resolves, 
chap. cix. 

* See supplementary note to chap. 38 of the Acts of 1776-77, Province 
Laws, V. 725. 



62 THE COLONIAL SOCIETY OF MASSACHUSETTS. [Jan. 

Board of War such eSacts in their hands as might be available for 
this and the other United States.^ 

The ^ Act to prevent the waste, destruction and embezzlement 
of the goods or estates of such persons who have left the same, and 
fled to our enemies for protection ; and also for the payment of their 
just debts, out of their estates " was passed in April.^ This act 
authorized the judges of probate to appoint agents to take posses- 
sion of the property of persons who had voluntarily fled to the 
enemy leaving beiiind them estates amounting in value to twenty 
pounds or upwards. Judges of probate were authorized to allow 
the wife and family of the refugees, bedding and household furni- 
ture, and could also assign to the wife the use and improvement of 
one third of the real estate during the absence of the husband. 

The agent was to sell the personal property and pay the debts of 
the refugee. If there was not enough personal property to meet 
the debts, then recourse could be had to the real estate. Except 
for the purpose of paying debts, the agent had no power to sell 
real estate. Where the estates were not insolvent, the judge of 
probate could make allowance out of the rents and profits of the 
estate for the support of the absentee's family and servants. The 
agent was to pay over to the Treasurer of the State any balance in 
his hands after paying the debts of the estate and thereafter was to 
account to the judge of probate by whom he was appointed. Thus 
matters stood until the passage of the Confiscation Act. The flight 
of the refugee was treated as being equivalent to his having com- 
mitted suicide. The agent appointed to take possession of his 
estate was given authority to manage the same *4n as full and 
ample a manner as though the absent person was naturally dead and 
the said agent was appointed administrator of his or her estate." 
It was evidently the purpose of the act to give the agent 'control 
over the management of the real estate, but the extent of that 
control and its limits are only to be inferred. The agent is put in 
possession and can receive the rents from leases made by commit- 
tees under authority of the court He can make repairs. Out of 
the rents and profits in his hands he can pay such sums as the 
court allows for the support of the family. The committees having 

1 Province Laws, y. 711; printed Kesolyes, chap. czzxL; MassachuBetts 
Archives, ccxii. 213. 

* Province Laws, v. 629 et sea. 



1903.] THB CONFISCATION LAWS OF MASSACHUSETTS. 68 

charge of leal estate were only authorized to lease for one year. 
Perhaps it is a fair inference tkit the agents' power in this respect 
was similarly restricted. On the nineteenth of September, 1778, 
collectors of taxes were stayed from proceeding against the unim- 
proved estates of absentees.^ On the sixteenth of October, 1778, 
the power of judges of probate in the appointment of agents was 
extended. They were directed to exercise this power as soon as 
it should appear to them, by information or otherwise, that any 
persons had fled to the enemy for protection. The estates of refu- 
gees who since leaving home had died were not to be exempt, and 
commissioners were to be appointed to examine claims against all 
estates whether insolvent or not.* The same act was further 
amended in February, 1779, by the addition of a clause which em- 
powered judges of probate to treat absentee executors and admin- 
istrators as if dead. Appointments could be made of persons to 
fulfil the trusts which the absentees were unable to perform.^ 

Pursuant to the recommendation of Congress, the subject of 
confiscation was taken up by the General Court in January, 1778. 
On the twenty-third of February * a Confiscation Act was reported 
and a list of names of refugees was ordered to be prepared. This 
was under consideration for a protracted period, the details con- 
cerning which are given in the note to Chapter 48 of the Acts of 
1778-79.* The passage on the sixteenth of October, 1778, of the 
Act to prevent the return to this State of certain persons therein 
named and others who have left this State or either of the United 
States and joined the enemies thereof, would seem to have been the 
immediate outcome of this discussion.^ The State, at this time, 
had possession of practically all the property of the refugees. The 
personal property had, under authority, been disposed of. The 
real estate was still under the management of the agents who had 
been put in charge of it. Difficulties of various sorts turned up, 
most of which were met by legislation, general in character, but 
calculated to meet the emergency which called it into being. The 
spring of 1779 was fertile with such legislation. On the nineteenth 
of February, 1779, agents who had not made returns of inventories 
were ordered to do so immediately. They were also required to 

^ Printed Resolves, September Session, 1778, Resolve zi. pi. 38. 

« Province Laws, v. 910, 911. * Ibid. v. 1053. • Ibid. v. 912. 

• lind. V. 931. » Ibid. v. 1052 et seq. 



64 THE COLONIAL SOCIETY OP MASSACHUSETTS. [Jan. 

make up their accounts with all possible expedition, and after de- 
ducting such allowance to the wife, widow, or family, as the judge 
of probate might have approved, to pay over the balance to tlie 
Treasurer of the State.^ The same day, another resolve was passed 
instructing agents to lease for circulating currency the real estate 
on one year leases.^ The property of subjects of Great Britain who 
had not resided in this State was, by resolves of date of 20 Febru- 
ary and 19 April, ordered to be turned over to the agents.* A 
special resolve was passed 1 May, providing for the ejectment of 
persons improperly holding possession of the property of refugees,* 
and resolves were passed 1 May and 3 May to meet the cases 
arising from delinquent agents.* 

This review of special legislation of a general character at this 
period has carried us beyond the date of the passage of the two 
Confiscation Acts in which all of this legislation may be said to 
have culminated. On the thirtieth of Aprils 1779, two bilLj were 
passed, the one directed against the estates of Mandamus Council- 
lors, Commissioners of Customs and certain other Royal oflBce- 
holders, the other against the estates of refugees in general. In 
the former, the estates of the named persons were confiscated with- 
out further hearing. In the general Confiscation Act there was 
detailed provision for the mode of trial under which the estates 
would be confiscated. Personal service, or the ordinary substi- 
tutes, lay at the base of the action and a jury was required even 
in case of default. In both acts provision was made for setting 
aside dower for the wife or widow of the refugee, out of the 
estate. 

In the proceedings under the Confiscation Act the result was 
simply that possession in behalf of the Commonwealth was 
given to an agent appointed for that purpose. No provision 
was made in the act by means of which the agent could pay 
debts. On the nineteenth of June, 1780, a committee was ap- 
pointed by resolve who were authorized to borrow money for the 
use of the State, and as security for the loans they could put 
lenders in possession of the real property of absentees.® On the 
twenty-ninth of November, 1780, a resolve was passed for selling 

1 Province Laws, v. 1000. » Ibid. v. 1000, 1001. 

« Ibid. V. 1000. * Ibid. y. 1002. » Ibid. v. 1002. 

* Resolves of Massachusetts, 1780, Resolve Ixxziii. 



1903.] THE CONFISCATION LAWS OP MA8SACHUSBTTS. 65 

at public auction the estates and effects of absentees. The pro- 
ceeds were to be paid into the treasury.^ On the fourth of Decem- 
ber, 1780, the Confiscation Act was amended.* The requirement 
of a jury where there was no contest was dispensed with, and 
instead of the notification to the absentees set forth in the act as a 
basis for the proceedings in court, notice by publication in news- 
papers was substituted. The personal service required in the orig- 
inal act on absentees who were by law prohibited from entering 
Massachusetts was of course a legal farce and an absurd proposi- 
tion, nor was it much improved by having a notice left at the last 
and usual abode of the absentee, nor by posting it on the premises. 
Such absentees had, under the circumstances, no recognized interest 
in the proceedings and their families had no claim except through 
them. Only those were legally interested who might claim through 
some conveyance or contract which the courts would recognize as 
valid, and as these might not be known, publication was clearly the 
best way to reach them. Some of the confiscation suits were, at 
the time of the passage of this act, ripe for judgment. Taking 
advantage of the provision which dispensed with the jury require- 
ment, some of the courts at once proceeded to enter up judgment 
in the cases pending before them. It was soon discovered that 
the act which had made it possible to get along without a jury 
had also upset the service of the writs upon which these cases, 
were based. To remedy this, a special act was passed 18 January,. 
1781, legalizing the proceedings in these suits.' 

The committees and agents were instructed, 2 February, 1781,. 
not to lease property of absentees,* but on the third of March,, 
following, they were authorized to lease for one year if they 
thought it was for the interest of the government.* 

^ Laws and Resolves of Massachusetts, 1780-81, chap. 95, p. 183. 

* Ibid. 1780-81. An act in addition to and for the alteration of some of 
the provisions of an act, etc.^ chap. 48, p. 113. I have used for my citations 
of subsequent legislation the reprints of the laws now in progress, the title- 
given being the binder's title. This is sometimes misleading since the years, 
which govern it are session years and the fall sessions overlapped the calendar- 
year. 

* Ibid. 1780-81, chap. 49, p. 114. 

« Ibid. 1780-81, chap. 65, p. 254; Resolves of Massachusetts, 1781, Resolve^ 
Ixv. p. 79. 

* Laws and Resolves of Massachusetts, 1780-81, chap. 190, p. 835; Resolves. 
of Massachusetts, 1781, Resolve cxcri. p. 129. 

5 



66 THE COLONIAL SOCIETy OF MASSACHUSETTS. [Jan. 

The act to provide for the payment of the debts due from con- 
spirators, etc., was amended 1 May, 1781. Committees appointed 
to sell the estates of absentees were authorized to sell at private 
sale to persons who had advanced money to the Commonwealth 
under the resolve of 19 June, 1780, the estates then turned over 
to them as security, provided the creditor of the Commonwealth 
made application for that purpose and was willing to take the 
estate at the appraised value designated by a committee appointed 
for that purpose.^ The action taken in this last resolve is peculiar 
and not altogether consistent with what had just taken place, for 
on the second of March, the Legislature had formally passed an 
act to provide for the payment of debts due from conspirators and 
absentees and for the recovery of debts due to them in which 
they had appointed committees to sell the estates and pay the 
debts.^ The claims were to be examined by the committees for- 
merly appointed by the judges of probate. The sales were to be 
conducted as in the case of intestates. The committees for the 
several coimties were named in the act and were authorized to 
sell the estates, pay the debts and pay over what was left to the 
Treasurer of the State. Money paid to the Treasurer could be 
reached by warrants issued on certificates of probate judges. 

On the fifteenth of May, knowledge having been acquired that 
there were persons in possession of real estate of absentees, who 
did not pay rent and others having personal property illegally 
in possession, a resolve was passed directing the committees ap- 
pointed to sell confiscated estates in the several counties, to make 
inquiries on these points and report thereon.® The same day an 
act was passed directing commissioners to reject all claims orig- 
inating from conspirators or absentees and extending the time for 
proving claims against the estates and, in order to expedite pay- 
ments, authorizing payment in full to creditors who would give 
an indemnity bond to refund 'pro rata in case the proceeds of sales 
should be inadequate to meet all claims.* 

The committees of the several counties within the Common- 
wealth, appointed to dispose of confiscated estates, were, on the 

^ Laws and Resolves of Massachusetts, 1780-81, chap. 52, p. 122. 
« Jhxd. 1780-81, chap. 50, pp. 115 ei seq. 

• Ibid. 1780-81, chap. 176, p. 460. 

* Ibid. 1780-81, chap. 53, pp. 123-125. 



1903.] THE CONFISCATION LAWS OP MASSACHUSETTS. 67 

eleventh of February, 1782, instxucted to receive in payments the 
securities given to officers and soldiers.^ On the seventh of 
March, 1782, the committees for the sale of estates of absentees 
were authorized to lease the said estates for the ensuing year.^ 

On the eighth of March, 1782, in order that persons might be 
protected who had been prevented by good reasons from prose- 
cuting their claims against the estates of absentees, a resolve was 
passed, authorizing judges of probate to renew for three months 
the commissions of those previously appointed to examine claims. 
The commissioners thus re-appointed, or others in their places, 
were instructed to re-examine claims.^ 

On the fifteenth day of June, 1782, an amendment to the act to 
provide for the payment of debts due from conspirators and absen- 
tees, etc., was passed, the purpose of which was to relieve the 
Commonwealth from the embarrassment caused by the exemption 
from the operation of the original act of estates put into the hands 
of persons who had advanced money under the resolve of 19 June, 
1780. Committees were authorized to sell to lessees at an appraised 
value, or to others at public or private sale, if the lessees refused 
to take the property on those terms. In cases where the proceeds 
of sales were inadequate to pay debts, committees were empowered 
to divide such proceeds among creditors pro ratOj taking bonds 
for the repayment of the creditors' ratable proportion.* If it be 
borne in mind that the agents had been called upon to remit to the 
State Treasurer, the character of the task of determining the sol- 
vency of the estates thus imposed upon the committees will be 
better appreciated. 

Various resolves were passed in the summer of 1782, the 
purpose of which was to stimulate the settlement of estates of 
absentees. 

It would seem that the complicated state of affairs brought about 
by the great variety of legislation bearing upon the settlement of 
the estates of absentees brought with it the penalty of suits against 
agents and committees, in such numbers that the Legislature was 
obliged to come to their defence. This was done by the passage, 

^ Laws and Resolyes of Massachusetts, 17S0-81, chap. 403, p. 846. 

« Ibid. 1780-81, chap. 524, p. 925. 

» Ibid. 1780-81, chap. 614, pp. 919-921. 

♦ Ibid. 1782-83, chap. 69, pp. 177-179. 



68 THE COLONIAL SOCIBTY OP MASSACHUSETTS. [Jan. 

18 March, 1788, of an act empowering agents and members of 
committees in certain cases to plead the general issue and give the 
acts and resolves of the General Court and any special matter in 
evidence.^ 

At the time of the passage of this last act, it was known in this 
country that George the Third had announced at the opening of 
Parliament that a preliminary treaty of peace had been signed 
between Great Britain and the United States. The provisional 
treaty, concluded in November, 1782, had at last become opera- 
tive through the signing, in January, 1788, of the preliminary- 
treaty of peace between Great Britain and France and Spain. 
The fifth article in the provisional treaty provided that Congress 
should recommend to the several States the revision of the laws 
against refugees, " so as to render the said laws or acts perfectly 
consistent, not only with justice and equity, but with that spirit 
of conciliation which, on the return of the blessings of peace, 
should universally prevail." The first step taken by the legisla- 
ture of Massachusetts in this "spirit of conciliation" was the 
passage, on the second of July, 1788, of an act "to carry into 
execution an act made in the year one thousand seven hundred 
and seventy-eight, entitled * an act to prevent the return of cer- 
tain persons therein named,* " etc. It was prescribed in the " act 
to prevent the return** that the Board of War should deport 
absentees who should venture to return to the State. That body, 
it was stated, was now discontinued. It was therefore provided 
that cases arising for consideration under that act should be exam- 
ined by two justices of the peace, whose decision was to be cer- 
tified to the Governor. It was made the duty of the Governor to 
cause violators of the law to be deported, and it was provided that 
a second return of the refugees was to be met with the penalty 
prescribed in the original act, which was death. Replevin suits 
could not be maintained in behalf of persons arrested under this 
act. Service of writs in such suits was declared to be void, and 
the officer making the service not only became subject to a fine of 
£100, but was by the very act of making the service incapacitated 
from making further legal service of papers. This act was to 
remain in foree until the recommendation of Congress should be 

1 Laws and Resolyes of Massachusetts, 17S2-88, chap. 70, p. 179 



1903.] THE CONFISCATION LAWS OP MASSACHUSETTS, 69 

laid before the Court and a final determination thereon should 
be had.^ 

On the eighteenth of March, 1788, committees were authorized 
to lease for one year.^ On the fifth of June, the committee in- 
trusted with the settlement of the accounts of committees on 
absentees' estates was instructed to require final settlements and 
to have balances paid over.^ 

On the fourth of October, a resolve was passed instructing 
committees appointed to make sale of the estates of absentees 
*^to surcease the sale of the said estates until the further order 
of the General Court."* 

The definitive treaty of peace, executed at Paris in September, 
1788, was ratified and confirmed by Congress, 14 January, 1784, 
and a broadside was thereupon issued, calling upon all good citi- 
zens and all bodies of magistracy, — legislative, executive and 
judicial, — to observe its terms and carry into effect its definitive 
articles. The fifth and sixth articles of the treaty were similar 
to those bearing the same numbers in the provisional treaty. 
The former of these articles has been already alluded to. The 
latter provided that there should be no more confiscations of the 
property of Loyalists and no more prosecutions by reason of 
the part taken by them in the war. What legislation follows 
was carried through with a full knowledge of the character of 
the recommendations of Congress which were referred to as im- 
pending in the last paragraph of the act of July second. 

The first step taken by the Legislature after it was furnished 
with knowledge of these recommendations was to put forth efforts 
to close up the estates of absentees. On the sixteenth of March, 
1784, registers of probate were ordered to return to the Secretary's 
office before June tenth, all accounts rendered by agents of such 
estates. If any agent had failed to render his accounts, registers 
were instructed to bring suit on his bond. Committees having 
absentees' estates in their hands were ordered to make return to 
the Secretary. He in turn was to report to the Attorney-General 
if any committees were delinquent in this respect, and it was made 

1 Laws and Resolves of Massachusetts, 1782-Sd, p. 499. 
a Ibid. 1782-83, chap. 176, p. 458. 

• Ibid. 1782-83, chap. 10, p. 680. 

* Ibid. 1782-83, chap. 14, p. 783. 



70 THE COLONIAL SOCIETY OF MASSACHUSETTa [Jan. 

the duty of the Attorney-General to prosecute such delinquents. 
It was at the same time provided that there should be no further 
sale of estates of absentees, either as a whole or in part, imtil the 
further order of the General Court.^ 

The first act passed in which the obligations of the treaty were 
distinctly recognized was the "act for repealing two laws of this 
State, and for asserting the right of this free and sovereign Com- 
monwealth, to expel such aliens as may be dangerous to the 
peace and good order of government." This act became a law 
24 March, 1784.^ The preamble asserted that it was the un- 
doubted right of the State to expel such aliens as were possessed 
of dispositions incompatible with the safety or sovereignty of the 
State. It is quite possible that in the more liberal spirit of to-day 
we should be inclined to assert our abstract right to expel from 
the country those whose presence threatened the safety of the 
State; but our sympathy with the alleged principle of the act 
would probably stop at this point, for what was meant by it was 
more specifically defined in the next sentence, in which absentees 
were pronounced to be aliens. Alas for the hoped-for spirit of 
conciliation! All those who had borne arms against the State or 
lent money to Great Britain, and all those who were named in the 
Confiscation Act were designated as aliens and as such ought to 
be excluded from the State. The admission even of others of this 
class was declared to be full of danger to the State, but under the 
circumstances it was thought that the present laws for their exclu- 
sion were not calculated to produce peace and tranquillity. There- 
fore, the act to prevent the return of certain persons therein named, 
etc., and the act to carry that act into execution, — the former 
of the year 1779, the latter of 1783, — were both repealed. This 
of course threw the bars down and let in everybody, but to make 
it clear that the spirit of conciliation in which the Legislature 
complied with the recommendation of Congress did not go far 
enough to permit the more odious of the Loyalists to stay in the 
Commonwealth after they had got there, it was then provided that 
absentees named in the Confiscation Act or who had borne arms 
against the country in the late war, who should return to the State 
with intent to reside therein, should be reported by justices of the 

1 Laws and Resolves of Massachosetts, 1782-83, chap. 132, p. 873. 
a Ibid. 1782-83, p. 661. 



1903.] THE CONFISCATION LAWS OF MASSACHUSETTS. 71 

peace to the Governor, and if thej did not immediately depart 
from the State when thereto ordered by the Governor, they were 
to be committed to gaol. Absentees of other descriptions than 
the above were required to take out licenses from the Governor, 
which licenses should only run from the end of one General 
Court to the end of the next. 

The sixth article of the treaty, which provides that there should 
be no more confiscations, was recognized, and it was provided that 
land held by claimants 19 April, 1776, which had not been confis- 
cated should be restored unless they were pledged for the payment 
of debts due from absentees. From the benefit of this provision, 
however, those named in the Confiscation Act were excluded, or 
rather it would be nearer the fact to say, that an attempt was 
made to exclude them. This was done by referring to the Con- 
fiscation Act as " the act of 1778," an error of date which com- 
pelled subsequent legislation by way of correction. 

On the second of July, 1784, it was ordered that confiscated 
lands should be sold by auction for public securities. From this 
order, estates which were insolvent were excepted.^ It was evi- 
dent that the titles to the confiscated estates acquired by the 
purchasers at the auction sales were assailed, for on the twenty- 
eighth of October, 1784, a resolve was passed directing the 
Attorney-General to appear and defend the titles of confiscated 
estates.^ 

It has been mentioned that corrective legislation was needed to 
cure the hasty and erroneous description of the Confiscation Act 
in the act just above described. This was accomplished 10 Novem- 
ber, 1784, by an act in addition to the former act in which it was 
also provided that where real estate of absentees had been mort- 
gaged by the government, the equity of redemption should be 
regarded as having been confiscated. In the case of property 
leased by the government, the rentals were deemed to have been 
confiscated, but the claimant could demand the property at the 
termination of the lease. It was also provided in the same act, 
that all acts of agents or committees in connection with the real 
estate of absentees, or of real British subjects, where the real 
estates had not been confiscated, if such acts were done according 

^ Laws and Resolves of Massachusetts, 1784-85, chap. 58, p. 234. 
« Ibid. 1784-85, chap. 25, p. 272. 



72 THE COLONIAL SOCIETY OF MASSACHUSETTS. [Jan. 

to law, should be good and valid. Personal estates of absentees, 
sold or used, were to be deemed confiscated. No action was to 
lie against an agent. If sued, he might plead the general issue 
and give this act in evidence.^ The same day, a letter was 
addressed to the delegates to Congress in which thej were in- 
structed to ascertain whether it would consist with the treaty for 
the Legislature to debar British subjects and absentees from recov- 
eiing interest during the war? What did the expression ^boTtOr- 
fde debt," used in the treaty, mean? Ought it to include interest 
during the war? These questions arose under the fourth article 
of the treaty, which provided that no lawful impediment should 
be imposed to the recovery of debts theretofore contracted. Pend- 
ing an answer which should furnish the congressional interpreta- 
tion of the treaty, actions for interest were suspended until the 
next session of the legislature.^ When that event took place the 
reply of Congress to these questions was still in abeyance. A 
resolve was therefore passed on the seventh of February, 1785, 
continuing the resolve of November tenth in force until the 
further order of the General Court.* Whether that order has 
ever been made can be determined by search of the records, if 
any person should deem it worth his while. 

On behalf of Mr. Worthington C. Ford, Mr. Henry H. 
Edes communicated an unpublished letter written by Chris- 
topher Holder 1 September, 1659, to the Governor, magis- 
trates, and people of Massachusetts, taking them to task for 
their persecution of the Quakers. The letter follows : 

A . Warninge . From . The . Spirit . of y* Lord . To y*. Gouemof & Magis- 
trates : & People of The Masathusets Bay : — 
I Enowinge : the Terrors of y' lord : aga\ sine & Transgression : & 
ag&^: y' Spirit : y' leadeth . into . Bebelion : aga! god : am moved by 
y* lord . to warne yol (once more : ) . who are y" Inhabitants of 
y^ place . above named : both . Magistrates . & people : to lay to 
hearte . & to consider . w! spirit . yo" haue Joyned w^ : come 
Bringe . yo'. Actions . to y* light : that they may be proved : 

1 Laws and Resolves of Massachusetts, 1784-S5, chap. 31 (1784), p. 105. 
« Ibid, 1784-85, pp. 800-301. 
• Ibid. 1784-85, p. 338. 



F. 



: vV 













^^ 






V* 



^ 



1903.] LBTTEB OF CHBISTOPHBB HOIJ>EB. 78 

whether they are wrought in God . yea or nay : come . try^ 
yo'. SelfeB : by y5 w*> gave forth . Scriptures : & Be whether 
yo" walke . up answerable : to y* Scriptures : w^^ yo" call yo' Rule : 
for life & for salvation : nay Come . but to y* very . leter of 
y* Scripture & try yof practices by it : & se whetiier . it be accord- 
inge to theirs : y* spake forth y* Scripture : as they was moved : 
or accordinge to theirs . y^ psecuted y^ y* spoke in y* name of 
y* lord . as they were moved by y^ holy Ghost : for in y* Scrip- 
tures of Truth . is recorded y' actions . of both spirits : of y* spirit 
of God in his serva? & of y* spirit of y* divell . in his serva? & 
y* reward . y! both received at y* hand of y* lord : Now there- 
fore in sincerity & soberness : come & compaire yof lawes & 
actions . w^^ y* law . & actions of y^ sa^ in time of old • & se 
whether . they agree . w*** y™ or whether . they will beare . yo" out : 
in y* yol haue allready . — done : & have decreed to doe . for time . 
to come : (as for Instance) w' Rule haue yol w\ presept . or presi- 
dente : haue yo"* in y^ Scriptures . for to prison : whipp cut . Eares : 
& banish upon paine of death ; if they returne haue yo*" any Rule . 
from y* Prophets : Christ . or y* Apostles : for these . things : did 
they ever doe so : Did y* Prophets . Imprison : — any : or 
did X5 banish any : or put any mans p'son . to death : or Did 
y* Apostles : whip any : now Consider . did not those . know 
y* mind of God : & w^ was his will . & had not those as greate 
zeale for y* Gospell : & f or y* building up of y* Church of God . 
as any can have in these Days : yet they made . not use of such 
Weapons : as yo^ doe • in these Days : Againe . had not . 
X! y^ Spirite . wV'out measure : & had not he all power comited to 
him . yet he never used . this power to prison : dismember • banish 
& put to death : any mans p'son : Consider from whom . then 
have . yo^ this power : or who is yol Example : herein : if Christ, 
neither any of his serva? never did so : nor never comaunded any 
to doe soe : whose . serv? are yo^ are yo^ not . his serva^i* who in 
all ages : ruled in y^ Children of . Disobedience & stirred up 
y* powers of y* world : to p'secute y* serv? of y* lord : to prison 
y? to stone . y? & to put y? to death . as in y^ Scriptures : 
yo* may se at large : but consider w^ was y* end of those : did 
not they receive . a Just rewarde : at y* hand of y^ Lord : did not 
they rote did not they perish: is not their names: left . on: 
record for a Curse & a reproach & a ppetuall shame : unto this 
day : & can . they y! serve y* same spirit : & doe y^ same workes : 
Ezpecte any beter End if they repente not. Consider this & lay 
it to hearte : before • it . be . to late : y! if it may be : there may 



74 THE COLONIAL 8O0I£TY OF MASSACHUSBTTa [Jan. 

be a healinge of yor Error : & let -f Suffice . w^ hath been . all- 
ready done: & now from y* spiiitt of y* lord God; I wame 
yol to beware how yo? take . away ; y* life of any man . or 
woman yt may come amongst . yol in y* name & feare of y* lord : 
— For asureeddly if yol proceed . to doe soe : y* feirce Indigna- 
tion of y* lord will breake forth amongst . yov Yea . y* fyer of his 
wrath shall be kindled in y^ midst of yo^ & it will bam as a 
flame : in yof heartes : woe : & misery : will come upon . yo^ in 
y* Day y* yo" thinke . not . of it : even as a theif e . in y* night. — 
& yoi shall be snairid & taken for noe man . shall be able to de- 
liver him • selfe out of his hand : who is arisen . to plead . w^^ all 
flesh : w^ his sword . & w^> f yre . who will be avenged of all his 
Enemies : Therefore all of yo^ whom this may Conceme : be- 
ware . how yol proceed . any further . to defile . yof Selfes. 
w^"" blood Least y^ lord give yo^ blood . to drinke : for verily 
know this . if yo"? follow y! spiritt : to y* End . w^> hath lead 
yo*i to Imprison whipe . cut . Eares & to banish on penalty of 
death : if they retume : I say if yo'i follow y* spirite : & put any 
one to death : Wof ull & miserable . will . yof Conditions be : for 
when yo? haue fylled . up y* measure of yof Iniquity . & : then 
will y* lord . breake forth again^. yo^ as a mighty terrible One : 
who will . Consume & ouerturne: all his adversaries: & they 
shall be all as dried stuble . in y^ flame of fyer : & as Chaffe 
Before y* whirlwind : Consider this & tume Unto the lord : Least 
he Teare . yo." in . peeces : and make yo? an abhorringe . to all . 
flesh : — 

This haue I writen . as A Warninge : Unto yo*; From y* spirite 
of y* lord God : who is longe Sufferinge ; Towards all men : & 
wold not y* any should perish : But . y^ all might . come . to 
y"" knowledge . of y^ truth . & be saved ; & in this doeinge . I 
shall be deare of yof Blood Whether . yo? will . heare . or f or- 
beare : & yo^ shall be left • w^^out • Excuse : in y'' dreadf ull day 
of Gods Judgmente : — 

By : A Freind . To all y! loue . y* Lord Jesus X! in sincerity & 
Truth. 

Christopher Holder 

Bhodb . IsLAiTDB . The l^ of y«. 
7l»»mo«»»59: 

Mr. Henry W. Cunningham gave a sketch of Holder's 
life and career, and detailed the many persecutions and 



1908.] JONATHAN BEMINGTON. 75 

sufferings which he and others underwent for trying to 
preach the Quaker faith in Massachusetts.^ 

Mr. Edes called attention to Palfrey's error in referring to 
Christopher Holder as Christopher Holden.^ 

Mr. J OHN Noble made the following communication : 

In the printed report of the last meeting of the Society was 
a statement that Jonathan Remington^ mentioned in a com- 
munication of mine,' was Clerk of Courts. I challenged the 
statement and asked for its authority, which proved to be his 
signature as it appeared on a Court process printed in a former 
communication.* This rather estopped reply, and yet did not lay 
the ghost of the doubt. A question at once came up. The pro- 
cess was executed " By the Court " — the regular form of an order 
of Court ; but the title ** Clericus " was peculiar, as in the County 
Court the proper designation was "Recorder" — an office held for 
so many years by Thomas Danforth. Another difficulty was pre- 
sented by the fact that Remington's name appeared so many times 
as upon the jury in the Court of Assistants — a seeming incompati- 
bility, and frequently as the f oi'eman, and again as the " Agent " 
of the Town of Cambridge in writs between it and neighboring 
towns. The difficulties, however, are resolved and the whole 
matter cleared up by extracts from the records of the County Court 
of Middlesex, given me through the courtesy of Mr. Theodore C. 
Hurd, the present Clerk of Courts in Middlesex: 

At a couQ Court held at Cambr. Aprill 8 1677 — on the Bench — 

Simon Bbadstreet Esq 
Thomas Danforth R 

At the request of M' Danforth — Lt Jonathan Remington is allowed 
to serve as his clai'ke in the Courts of this Coun. 

1 For notices of Holder, see Austin, Genealogical Dictionary of Rhode Island, 
p. 102; Austin, 160 Allied Families, pp. 2, 9, 31, 58; Massachusetts Colony 
Records, ir. (i.) 891; Rhode Island Colonial Records, ii. 482, 537; 1 Proceed- 
ings Massachusetts Historical Society, xviii. 894; Besse, Sufferings of the 
Qaakers, ii. 177 ; Bishop, New England Judged (1885), pp. 8, 9, 37, 45, 75, 76, 
98, 113, 123, 137; C. F. Holder, The Holders of Holdemess (1902), passim. 

< History of New England, ii. 467, 468. 

• See pp. 26-28, above. 

* Publications, iii. 450. 



76 THB COLONIAL SOCIETY OF MASaACHUSBTTa [Jan. 

Mr. Hurd further says : 

The first and only record in which I find Bemington's name is 1 April, 
1684, when he signs a record ^^ Jonathan Remington Clericus.'* For 
many years Danforth sat on the bench as Lieatenant-Govemor, and at 
the same time acted as Recorder. 

The position of Lieutenant Remington is thus clearly explained, 
and the peculiarity of his designation of office accounted for. It 
is a slight matter, pertiaps, but there is a certain interest in seeing 
just how our forefathers did things and how observant they were 
of form and accuracy. 

The Rev. James H. Ropes asked for information as to the 
origin of the old saying, "Where Sunday stops and Rhode 
Island begins/* 

Mr. Henry W. Cunningham spoke as follows : 

My eye was caught by a paragraph which appeared in the Boston 
Herald of January ninth, as follows : 

The Harvard library has placed a collection of war sketches, made by 
Frank Vizetelly, artist and correspondent of the Illustrated London 
News dmring the civil war, in the Harvard Union. The drawings are 
the gift of CoL John Glas Sandeman of England. 

This at once called to mind the paper on the Sandemanians read 
by Mr. Edes in March, 1899,* and I queried whether Colonel 
Sandeman was a descendant of either John Glas or Robert San- 
deman. He apparently belongs to the same family, which has 
given England several distinguished officers in the army and in 
the civil service and several eminent merchants and bankers. 
Colonel Sandeman served in the Crimean War and was present 
at the battles of Balaklava, Inkerman, and Tchemaya, and at 
the siege and fall of Sebastopol.^ Our associate Mr. James A. 
Noyes informs me that Vizetelly's pictures, which were drawn 
on the spot, came into the possession of Colonel Sandeman, 
who mentioned them to Mr. Charlemagne Tower. The latter sug- 

1 PublicationB, vi. 109-123. 

2 Hart's Army List (1900), p. 130. 



1003.] ELECTION OF MEMBERS. 77 

gested that Harvard would like them, and so they were sent to the 
College Library, 

Mr. John Noble, Jr., of Cambridge was elected a Resi- 
dent Member, and the Rev. Williston Walker, D.D., of 
New Haven, Connecticut, a Corresponding Member. 



78 THE COLONIAL SOCIETY OF MASSACHUSETTS. [Feb. 



FEBRUARY MEETING, 1903. 

A Stated Meeting of the Society was held at No. 25 
-^"^ Beacon Street, Boston, on Thursday, 26 February, 
1903, at three o'clock in the afternoon. In the unavoidable 
absence of the President, Mr. Andrew McFarland Davis 
was called to the chair. 

The Records of the last Stated Meeting were read and 
approved. 

The Corresponding Secretary reported that letters had 
been received from Mr. John Noble, Jr., of Cambridge 
accepting Resident Membership and from the Rev. Dr. 
WiLLisTON Walker of New Haven, Connecticut, accepting 
Corresponding Membership. 

On behalf of Mr. Denison R. Slade, Mr. Henry H. 
Edes communicated the following documents drawn from 
the papers of Richard Clarke, one of the consignees of the 
tea sent to Boston in November and December, 1773. 

I. 

RICHARD CLARKE 1 TO ISAAC WINSLOW CLARKE. 

Boston, June 21? 1762 
Dear Isaac 

As you are now about entring on a new scene of Life, 

I jadge it may be serviceable to you to give you some advice as to 

your future conduct, which I hope you will receive as proceeding from a 

tender concern for your Welfare. In the first place I must entreat you 

^ Richard Clarke, son of William and Hannah (Appleton) Clarke, was born 
in Boston 1 May, 1711, graduated at Harvard College in 1729, and died in 
London at the residence of his son-in-law Copley, the artist, 27 February, 1795 



1903.] LETTER OP BIGHABD OLABKE. 79 

will begin this new part of life with devoting yourself to the service of 
the Great God, from whom you have received all that you have, & on 
whom yon entirely depend, for all Happiness, both in this world, A 
through an endless Eternity — A Stedfast desire & endeavour to ap- 
prove your self to Him by a sincere obedience to his laws, is the true and 
only foundation of Happiness ; & if you cultivate the fear and love of 
God in your heart, you'le have the best principle for your guidance 
through the various scenes of your comeing life, and you may depend 
with chearfulness on His gracious protection & blessing — 

I esteem it a great favour that I have been able to get you into 
Mess? Bethune's^ Warehouse. I have no doubt of their behaving to you 
with Justice & kindness, & I have adventured to assure them of your 
making the returns of fidelity, diligence and submission to them, and I 
hope & depend on it, that you will make good every thing that I have 
said in your favour. I flatter my self that you have the principles of 
fidelity, diligence & submission in you, but perhaps it may not be amisa 
to give you my thoughts about some particulars in your conduct towards 
your Masters. I hope then that you will chearfully do whatever your 
Masters direct you to do, even the lowest offices, for I am sure they 
won't desire any thing unreasonable of you ; fix it in your Mind, that 
They are the best judges what business to set you about & chearfully 
obey their orders without the least reluctance ; the least sign of uneasi- 
ness with your Master's orders will be very displeasing to them, & very 
hurtful to your self — Diligence in the business you are engaged in will 

(Gentlemen's Magazine, Ixv. 349 ; manuscript letter of H. Bromfield, Jr., dated 
London, 26 March, 1795). His mother married (2) Josiah Willard, long 
Secretary of the Province. See the Publications of this Society, v. 197 note, 
198, 200 note, 202, 203, 205, 208 fwte, 209 note, 214 note, vi. 77 note, 128, 246 ; 
Boston Record Commissioners* Reports, xxiv. 74, zxviii. 135, xxx. 302. 

^ George Bethune was bom in Boston 7 December, 1720, the son of George 
and Mary (Waters) Bethune, and was baptized at the Old South Church four 
days later. He graduated at Harvard College in 1740. On 13 October, 1754, 
he married, at Trinity Church, Mary Faneuil, daughter of Benjamin and Mary 
(Cutler) Fanenil, who died in Little Cambridge (now Brighton) aged 63 and 
was buried 2 November, 1797. She was sister of Benjamin Faneuil, Jr., one 
of the consignees of the tea. Mr. Bethune died in Little Cambridge, aged 64, 
and was buried 14 April, 1785. He was of a younger branch of the Bethunes 
of Balfour, a distinguished Scotch family. (Boston Record Commissioners' 
Reports, xxiv. 148, xxviii. 92, xxx. 12, 394 ; Records of the Old South Church ; 
Registers of Trinity Church, Boston ; Heraldic Journal, iv. 178.) See Sargent, 
Dealings with the Dead, ii. 495-549 ; Sabine, Biographical Sketches of Loyalists 
in the American Revolution, i. 227 ; Memorial History of Boston, ii. 555. 



80 THE COLONIAL SOCIETY OF MASSACHXTSETTS. [Feb. 

not be more pleasing to yoar Masters than it will he beneficial to yoar- 
self. I hope therefore yon will continue to cultivate & strengthen a 
Habit of Industry, & if your Master's Business does not fill up your 
Time at the Warehouse, I would advise you to have some useful Books 
by you to employ yourself, & I think it will be of great service to you in 
your future life, not only to retain the knowledge you have already of 
the latin Tongue, but to endeavour to make a further proficiency therein. 
As to honesty & fidelity with respect to your Master's interest or 
property which they may entrust you with I trust I need say but little 
to guard you against the contrary vice. I thank Grod, that I have never 
found the least sign of dishonesty in any of my Children & I hope I 
never shall. I hope you 'le always have the utmost abhorrence of every 
appearance of this Vice, which is most offensive to an infinitely just Grod, 
who sees our most seci'et actions, & must ruin every young person with 
respect to this World who is guilty of it. I would only farther caution 
you with respect to the company yon may convene with I am afraid 
you 'le meet with too many loose, idle young people in this Town. I 
hope you will not allow yourself in a familiarity with any of this char- 
acter. The contagion of their bad example will, unless you shun such 
company, rob you of your innocency & be of the utmost bad consequence 
to yon ; & let not the loose talk or behaviour even of those that are 
advanced in Life, if you should see any thing of this sort, weaken the 
principles of Religion & Virtue which I hope you have imbibed. Make 
it your daily prayer to God, & use your own endeavour, to be kept 
against Temptation — I forgot to mention that it will be absolutely 
necessary to keep an inviolable secrecy with respect to your Master's 
concerns. 

I hope, my dear Child, that you will not only give the aforegoing a 
careful reading, but endeavour to fix these few Rules for your conduct, 
in your Mind. Be assured that I have the tenderest concern for your 
happiness, & shall always be ready to do all in my power to promote 
it — I commit you to the guidance & blessing of Ood through time A 
eternity — I am 

Your affectionate Father 

Richard Clarke 
My Son Isaac Winslow Clarke * 

^ Isaac Winslow Clarke was born in Boston 26 October, 1746, and died at 
sea in 1822. See the Publications of this Society, v. 197, 199, 200, 201, vi. 129. 



1903.] TEA SOLD TO BICHABD CLARKE AND SONS. 81 



n. 

MEMORANDUM FROM ABRAHAM DUPUIS AND COMPANY CONCERNING 
TEA SOLD TO RICHARD CLARKE AND SONS. 

Whereas the East India Company, have come to a Determination of 
Sending out Teas on their own Acco! to America & have fixd on the 
House of Mess" Richard Clarke & Sons of Boston N E as one of Three 
Houses there by them Deputed to Sell their Teas under a Security Given 
here to y' said East India Company for y' Due Performance of y« Con- 
tract on y* Part & Behalf of y* said Richard Clarke & Sons which Con- 
tract Recites that y* Teas shall be at y* Risq of y* Said East India 
Company from y* time of their Being Shipped to that of their being 
Sold & that after y* Sales of them the Security is to be bound that 
within two Months the Said Richai*d Clarke & Sons shall Remit y^ 
Amount of y^ same to y^ East India Company in Bills at 90 Days 
The Company in Consideration thereof allowing to y"" Said Richard 
Clarke & Sons a Commission of Six p C* on the Sales of their Teas as 
also Two p C* for y* Risq of y' Exchange making in y* whole Eight p C* — 
And whereas The Bills so by them to be remitted for payment of the 
Teas are to be Remitted to Abra? Dupuls & C° for their Negotiation as 
well as Payment of Bills Drawn on them by said Richard Clarke & Sons 
in favor of y* E: I: Company It is hereby Understood & agreed to 
that y^ Said A D & C*" shall make no Charge on said. R. C. & Sons 
neither for the Receiving y*? Bills so by them Remitted nor for Payment 
of such Bills Drawn on them in favor of y* Company 

And whereas y* Said A D & C° have bound themselves to y* Said 
East India Company for y* Just & due Performance of all y* above on 
y* Part & Behalf of the said Richard Clarke & Sons It is hereby 
Agreed between the said R. Clarke & Sons & y* said A Dupuis & & 
that for & in Consideration of Such Security &c. for this first Parcell 
of One Hundred Chests so Consignd by the East India Company to y* 
Said Richard Clarke & Sons that y^ said A Dupuis & G* shall have & 
Receive as their Proportion of y*" Allowance so made to them by y* E : I : 
Company Only One Third Part as also One Third Part of whatever 
Further Benefit may Accrue to y'^ said R Clarke & Sons either in Ex- 
change or Damages of any Protested Bills that may happen to be pro- 
tested thro' y*" Means of this Undertaking or any other Emolument 
Attending y« Same — But in Case y* E : I : Company should Continue to 
make any further Consignments to y"" Said R Clarke <& Sons y Said A 
Dupuis & C^ are to have One half Proportion of all y* Advantages as 



82 THB COLONIAL SOCIETY OF MASSACHUSETTS. [Feb. 

above in Lieu of One Third & that as in this Case y« Security will 

in Coarse become so much y* larger on y* part of A D & C* y* said B 
Clarke & Sons are to Send over Sufficient Securities as a Counter Bal- 
lance to y* Securities so Given by A D & O* to the E : I : Company 

Abba"? Ddpuis & C^ 

NB This last part respecting y« further Division of the Allowance 
from y^ Company &c not to be Valid till Confirmd by Mess? Richard 
Clarke & Sons ^ 



HL 

WILLIAM BROWNE TO RICHARD CLARKE. 

S' 

Please to send me 2/4'^ Green 
Tea and V^ Souchon by the Bearer 
hereof and I '11 send or call and pay 
you for it the first Oppertunity 
lam 

Yf h"« Serv! 

W" Beowne 
Salem Not. 8. 1773 
M' Bartlett 

^Addressed] 

To [Filed] 

RiCH° Clark Esq, Salem Nov S^ 1778 

In . CoU' W? Browne's 

Boston 



IV. 

PETITION TO THE GOVERNOR AND COUNCIL* 

May it please your Excellency & this Hon^^ board, we hope that on 
a consideration of the great injuries which we have received and the 

^ A long letter from Richard Clarke and Sons to Abraham Dupuis, written 
in November, 1773, will be found in F. S. Drake's Tea Leaves (1884), pp. 279- 
291. See also 1 Proceedings of the Massachusetts Historical Society, xiii. 
151-216. 

^ This document is neither dated nor signed, but it is unquestionably the 



1903.] PETITION OP THE TEA OOKSIGNEES. 83 

difficulties we are now under merely as we suppose on acco^ of our 
being appointed by the Hon'^ £:I.C? to sell their teas designed for 
this place, that your Excellency & Honors will grant us that protection, 
assistance and advices, w*^*' we have implored and which is so needful 
for us in our present circumstances — The interest committed to our 
care is of great value ; and we are as Merchants & honest men under 
every obligation, to do all in power to secure the same from every 
injury, & as far as we shall judge it practicable ; to follow the direc- 
tions which we shall receive from our Constituents as we doubt not 
they will be legal & reasonable, but as we judge this will not be in our 
power to execute their orders; without exposing the Town to great 
confusion, <& perhaps to many consequent mischiefs, and our constit- 
uents interest to danger we shall be willing & desirous to give our 
orders, under your Excellency & Honors protection & assistance to 
have the Teas on their arrival deposited in some safe place and there 
to remain on such conditions and during such a time as your Excellency, 
& Honors shall please to direct or advise for that end. And we beg 
leave to declare our readiness to indemnify the province and your 
Excellency & Honors from all charges & risques, that may be thought 
will arise from your Excellency & Honor's giving your directions rela- 
tive to s** affair.^ 

by thise with ringing the Bells <& other means a number of people were 
collected at Liberty Tree from thence they came to the Store of 

rough draft of a Petition presented by the tea consignees. The following ex- 
tract is taken from the Council Records of 19 November, 1773 : 

Whilst the Coancil were debating on the imbject, a Petition from Richard Clarke, Ben- 
jamin Fanenil» and Mese*? Thomas and Elisha Hutchinson to the (jroyernor and Council 
was presented (Massachasetts Archives, Council Records, xvi. 741). 

The Petition referred to in this extract is not recorded in the Council Records, 
but it was printed, together with the Proceedings of the Council relative thereto 
from 19 November to 21 December (taken from the Council Records, xvi. 741- 
749), in the Boston News-Letter of 30 December, 1773, No. 3665, pp. 1, 2. The 
Petition and Proceedings have also been printed in Drake's Tea Leaves (pp. 

309-320). 

The rough draft differs materially from the Petition actually presented. With 
it should be compared the proceedings in the Boston Town Records for 5, 11, 
and 18 November, and the Selectmen's Minutes for 27, 28 November and 8 De- 
cember, 1773. These are printed in the Boston Records Commissioners' Reports, 
x%iii. 141-148, xxiii. 202-205, where also will be found the votes and answers 
referred to but not given in the rough draft. 
^ There is here a break in the manuscript. 



84 THE COLONIAL SOCIETY OF MASSACHUSETTS. [Feb. 

R. Clarke Esq' & Sons where we the supposed Factors were together 
a number came from among the people as a Committee into the Store 
& demanded that we shou'd promise not to receive the Teas nor pay 
any duty on them but immediately on their arrival reship them for 
£ng^ in the same bottom, which upon our refusing to comply with they 
saying we must expect the weight of the people's resentment left us 
returned to the people soon after which the people before the door 
attacked the Store in a riotous manner & attempted to force their way 
into the room where we were but were prevented, by us & our Friends 
within & after repeated efforts of this sort they dispei*s'd On friday 
the 5. ins! the Inhabitants of this Town assembled at Faneuil Hall and 
passed several resolves relative to the Teas expected to be sent here by 
the U. £. I. C. two of which we beg leave particularly to lay before 
your E. & yf H. Board. 

We rec? the same day an attested Copy of the foil* Vote of the Town 

Viz & on the same day the foil? answer was sent into the Town 

meets the next morning the Town being again assembled Mr T. H.* 
upon receiv? the same Vote of the Town returned the following Answer 
Viz ■ upon receiv? which the Town voted that both the answers 

were unsatisfactory & daringly affrontive from which time to yf 17. ins* 
we rec!^ no attacks nor insults excepting one or two menacing Letters 
but on the even? of y? 17. on which day Cap* Scot* arriv'd from London 
in whom came passenger Jon? Clarke one of the Factors of the h'"* 
£. L C. a great number of people assembled to gether in a riotous 
manner & violently attacked the house of R. C. one of your Petitioners 
& with Stones Brickbats Clubs & Cord wood Sticks continued for the 
space of two hours breaking the windows & window Shutters & doing 
other damage whereby the Lives of the family were in imminent danger 
notwithstanding many efforts to disperse the People ' on the next day 

^ Thomas Hutchinson, Jr. Thomas and Elisha Hutchinson were sons of 
Gov. Hutchinson. 

^ Jonathan Clarke came in the Hayley, Capt. James Scott, as appears from 
a notice iu the Boston News-Letter of 18 November, 1773, No. 3659, p. 2/2. A 
letter written by Jonathan Clarke on the day of his arrival is printed in Drake's 
Tea Leaves (p. 278), where also will be found three letters written by him in 
London 1, 2 July, and 6 August, 1773 (pp. 209-211, 224, 243). For a notice of 
Capt. Scott, who later married Dorothy (Qnincy) Hancock, the widow of John 
Hancock, see the Publications of this Society, vi. 318 note, 

' The following account of this affair is taken from the Boston News-Letter 
of 18 November, 1773, No. 3659 : 

Last Eveoing a Damber of Persons aasemblctd in School-Street, they broke the Windows 
and did other considerable Damage by throwing large Stones into the House of the late 



1903.] PETITION OF THE TEA CONSIGNEES. 85 

another Town meeting assembled from which we rec? by their Com- 
mittee the following Vote to which we return'd tlie following 

answer.^ 

Middlecot Cook, Esq ; near King's Chappel, now belonging to Dr. Saltonstall of Haver- 
hill, and oocnpied by Richard Clarke, Esq; (p. 2/3). 

A still longer acoount was printed in the Boston News-Letter of 26 November, 
1773, No. 8660, p. 2/3 ; and the attack was referred to in tlie Boston Gazette of 
29 November, 1773, No. 978, p. 2/3. 

This house stood on the northerly side of School Street, on the lot contigu- 
ous on the west to that on which King's Chapel stands and the Burial Ground. 
This lot, having a frontage of 56 feet on School Street and extending back 130 
feet, embraced about one third of the present City Hall yard beside an area 
nearly fifty feet square covered by the westerly portion of the City Hall. The 
Franklin Statue stands near the front of the lot. This estate, in whole or in 
part, belonged to Dr. Elisha Cooke (H. C. 1657) as early as 1705, and de- 
scended to his son the Hon. Elisha Cooke (H. C. 1697) and his grandson the 
Hon. Middlecott Cooke (H. C. 1728), who died seized 1 May, 1771, at the age 
of 66. By his will he devised it to his nephew Dr. Nathaniel Saltonstall (H. C. 
1766) of Haverhill, who sold it in 1795 to John Lowell, Jr. (H. C. 1786), for his 
residence. He in turn sold it in 1822 to Asa Richardson, and George Morey, 
as Trustee under Richardson's will, sold it in 1839 for 937,500 to the City of 
Boston. 

The house was built of stone, two stories in height with a pitched roof with 
balustrade and dormer windows, and faced the east. The front door, in the 
centre of the house, was arched and was approached from the left by a flight of 
winding stone steps, the broad landing being covered hy a porch supported by 
Corinthian columns. A view of this house is in the Polyanthos for September, 
1818. It was here that Governor Burnet sojourned on his arrival in Boston, in 
the summer of 1728, as the guest of the Hon. Elisha Cooke, while the Province 
House was being made ready for his occupancy. It has been erroneously stated 
(New England Flistorical and Grenealogical Register, zlvi. 15, 16) that Richard 
Clarke's house, in 1773, stood in School Street opposite King's ChapeL The 
Cookes owned much land on the southerly side of School Street, but it was de. 
vised by Middlecott Cooke to his nephew Leverett Saltonstall, a brother of Dr. 
Nathaniel Saltonstall, and it was not until Leverett*s death, in New York, 20 
December, 1782, that Nathaniel became seized of any estate on that side of the 
street (Suffolk Probate Files, nos. 3700, 7012, 14923 ; Suffolk Deeds, zzii. 315, 
clzviii. 205, 206, clxxx. 161, oclzzv. 262, cccczlvi. 81 ; New England Weekly 
Journal of 22 July, 1728, No. 70, p. 2/1; Boston Town Record of Deaths; 
Boston Directory, 1796, 1810 ; Ancestry and Descendants of Sir Richard 
Saltonstall, p. 23). 

A few eztracts will show the strong popular feeling against the tea con- 



1 There b here a break in the manuscript. 



86 THE COLONIAL 80CIBTY OF MASSACHUSETTS. [Feb. 

From these circumstances Tour Excellency & the Hon^*' Board must be 
sensible that our scituation is difficult And as we are not conscious in 

signees. In the Boston Gazette of 8 November, 1778, No. 970, p. 3/1, was 
printed this appeal, signed ** A Poor Old Man : " 

Me$si€vr$ Edes & Gill, 

A Poor man's wisdom saved a city. I am indeed a friend to Mr. Clarke and his sons, 
to the two sons of Got. Hutchinson, and more especially to Mr. Faheuil, whose 
generoas uncle gave us our hall of liberty. And I would earnestly intreat them all to 
yield without delay to their fellow townsmen. — It may easily be done in a letter to the 
selectmen. 

In the Boston Gazette of 22 November, 1773, No. 972, appeared the 

following : 

One of the Sons of Richard Clarke, a Tea Factor, having some Time since been in 
Bargain with Mr. Benjamin Jepeon for a Quantity of Oil, came on Friday last [19 
November] to Mr. Jepson and desired him to take a Man with them to turn out the Oil 
that he might see it : But Mr. Jepson like a true Friend of his Country told Mr. Gierke 
with Indignation that he could not have any Thing further to say to him, as he had 
given the Town so much Trouble and Danger, he would not let him have it for twice 
what he offered. A notable Example this of Uniformity^in public and private Conduct. 
These Persons having been unanimously voted public Enemies in Case they persist in 
their Resolution to dispose of the Ek»t-India Company's Teas (p. 2/3). 

The following is taken from the Boston Gazette of 17 January, 1774, No. 
980: 

One of the Tea Commissioners it is said narrowly escaped a Tarring and Feathering 
one Day last Week — Presumptuous Men to think of gaining a footing in this Town 
again — so says every Man high and low, rich and poor (p. 3/3). 

In the Boston Gazette of 24 January, 1774, No. 981, wiU be found the 
following : 

Last Monday evening [17 January] Elisha Hutchinson one of the consignees arrived 
at the house of Col. Watson of Plymouth, his father-in-law. The people obtaining 
knowledge of it, they tolled the bells in a solemn manner, and there was speedily a great 
appearance of them before the house, demanding Mr. Hutchinson's instant departure 
from the town ; but through the interposition of the committee of correspondence, so 
much traduced, because so much dreaded by the tories, he was suffered to tarry until 
the next morning. In the morning the young gentleman, either over sleeping himself, 
or perhaps disposed to make an. experiment on the temper of the people, tarried be- 
yond the limitted time ; but was fully convinced that his safety depended on his depart- 
ure and he decamped in a snow storm ; making the best of his way to Cheesemetuck to 
relate the melancholy adventure to the very sympathetic Chief Justice Hazblbod 
(p. 3/1). 

Peter Oliver was then Chief- Justice, but why the sobriquet of " Hazelrod ** 
should have been applied to him does not appear. He married Mary Clarke, 
the sister of Richard Clarke (Boston Record Commissioners' Reports, xxviii. 
186). For a notice of him, see the Publications of this Society, v. 70-74. 

The Boston Gazette of 3 February, 1774, No. 983, contained a long extract 
from a letter dated Plymouth, 1 February, in which it is stated that " a Tribe 
tf Indians met at Col. Watson* $ and Boot-cap'd Mr, Hutchinson's Slep" (p. 3/1). 



1903.] LBTTBB OF BICHABD CLABKB. 87 

any one instance of havf forfeited the esteem of onr Fellow Citizens, 
much less the protection of Govern m\ we flatter ourselves that it will 
be afforded to us upon this occasion <& we trust that Your Excell :^ & 
Honors will at all times find in U3 a readiness to adopt any measures 
that are reasonable to restore peace to the Inhabitants always keeping 
in view our own honor & Justice to those who have committed their 
property to our trust 

V. 

CONSIGNEES OF THE TEA TO THE TOWN OF BOSTON.^ 

In answer to the Message we have this day receiv'd from the Town 
we beg leave to say that we have not yet receiv'd any orders from the 
East India CompT respecting the expected Teas, but we are now 
further acquainted that our Friends in England have enter'd into penal 
ingagem^ in our behalf, merely of a commercial nature, which puts it out 
of our power to comply with the requests of the Town We are &c. 

Boston NovT 18. 1773, 

R. Clarke & Sons 

B. FaneuiIi ju'r for Self 

& Jos. WiNSLOw Esqf 
E. Hutchinson for 

my Brother & Self. 

VI. 

RICHARD CLARKE TO JONATHAN AND ISAAC WINSLOW CLARKE 

BoiTOH Nov^ 28f 1778 
Mt Dear Sons, 

As I propose to be absent from Town a few days, I 

hereby give you full power to make whatever agreement you shall think 

Since the famous Boston Tea Party of December sixteenth, 1773, it had 
become the customary thing for men to disguise themselves as Indians. 

In the Boston Gazette of 28 March, 1774, No. 990, appeared the following : 

Last Saturday [26 March] Richard Clark, one of the Tea Consignees was seen strol- 
ing oo the Road between Milton and Roxbarj ; he was on horseback and alone. There^ 
are various conjectures as to the Reason of this Excursion. Some say it was to secure 
an Interest for a Seat in the Superior Court lately vacant ; for which it is confidently 
afflrm'd he is (exclusive of the Character of a Friend of Qovemment) as well qualified 
in all Respects as Chief Justice Oliver. Others think his only Design was to feel the- 
Pulse of the true-bom Sons of Liberty in the neighboring Towns (p. 2/2), 

^ This IS the rough draught of the ** answer " referred to in the Petition to> 
the Governor and Council printed in the text. 



88 THE COLONIAL SOCIETY OP MASSACHUSETTS. [Feb. 

fit, respecting the Teas, which we expect to be sent us from the East 
India Company, and promise to confirm whatever you shall do in this 
Affair whenever it may be required of me. 

I am 

Your Affectionate Father 
. and faithful Friend 

RiCHABj) Claeks 
Mess? Jonathan, 

& Isaac Winslow Clarke 

[^Addressed] 

To 
Mess? Jonathan & Isaac Winslow Clarke 
Merch". 
In Boston 



VII 

RICHARD CLARKE TO ISAAC WINSLOW CLARKE. 

Boston Aug. 9<i 1774 
Dear Isaac, 

I judge from something I have heard, that it will be best, 
that our family remove to Town as soon as may be. I have not yet 
seen Mf Lee,^ but think that we shall spend the winter w^ Mr Copley. 

^ Joseph Lee, son of Thomas and Deborah (Flint) Lee, was bom in Boston 
23 March, 1710-11, and graduated at Harvard College in 1729. He was a class- 
mate and lifelong friend of Richard Clarke, and for many years was a merchant 
in Boston, and engaged with Mr. Clarke in rarious enterprises. He was also 
one of Prince's Subscribers. Removing to Cambridge, he was chosen Represen- 
tative, and became a founder and Warden of Christ Church. He married in 
1755 Rebecca Phips, daughter of Lieut.-Gov. Spencer Phips, but had no children. 
His mansion-house in Tory Row is now numbered 159 Brattle Street, and makes 
the easterly corner of Kennedy Avenue. He held commissions of the Peace and 
Quorum in Suffolk and Middlesex, as Judge of the Inferiour Court of Common 
Pleas, and as Special Justice of the Superiour Court of Judicature. Appointed 
a Mandamus Councillor, he resigned his seat, addressing the people, who filled 
Harvard Square, from the steps of the Court House, which occupied the present 
site of Lyceum Hall. He dwelt in Boston during the siege, — *< a Loyalist, but 
being a quiet man and moderate in his opinions, remained unmolested " on his 
return to Cambridge, where he resided, respected and beloved, till his death, 







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1908.] THREATS AGAINST THE TEA CONSIGNEES. 89 

The Articles that we shall want are Bedsteads, beds, bed Cloaths, and 
the hoasehold linen, the plate, knives & forks, pork (which I think it 
will be best to pack in the half bll) and what Bacon may be left, as to 
any other articles I must leave it to you & your Sister, what may be 
wanted, and what may be transported w^** the least difficulty, if it would 
not be attended with too much trouble, I should be glad to have our 
wine & porter sent, but would not have you loose too much time about 
them, our friends will be so good as to send them hereafter. If any 
disturbance should take place soon I hope you will be on your guard — 
I look on the times to be perilous, and besides dont see any prospect 
of your doing any business at Salem, and therefore would advise to 
your hastening to this place. Give my love to the family, and our 
friends down in Town. 

Your aflPec. Father 

Richard Glakke 
P.S. We shall want the salt 
fish & perhaps many things, 
which I do not now recollect 

Again on behalf of Mr. Slade, Mr. Edes communicated 
a printed handbill which has been preserved among the 
Clarke family papers. It is as follows: 

Brethren, and Fellow Citizens 1 

'\7'0U may depend, that those odious Miscreants and detestable Tools 
-*■ to Ministry and Governor, the Tea Consignees, (those Traitors' 
to their Country, Butchers, who have done, and are doing every Thing 
to Murder and destroy all that shall stand in the Way of their private 
Interest,) are determined to come and reside again in the Town of Boston. 
I therefore give you this early Notice, that you may hold yourselves in 

5 December, 1802. The Burial Register of Trinity Church, Boston, contains 
this entry : 

1802 December 8. Hon"* Joeeph Lee, Esq' at Cambridge 93. 

(Boston Record Commissioners' Reports, xxiv. 76; John Andrews's Letters in 
1 Proceedings of the Massachusetts Historical Society, yiii. 853; John Leigh of 
Agawam and his Descendants, Albany, 1888, pp. 46-48 ; New England Histori- 
cal and Genealogical Register, xxv. 240 ; Paige's History of Cambridge, pp. 151, 
153, 168, 169, 175, 176, 807, 808, 310, 375, 461, 627; Whitmore's Massachusetts 
Civil List, -pp. 64, 73, 74, 88, 80, 129, 130, 138; Memorial History of Boston, ii 
561, iii. 113, 153; Publications of this Society, vii. 89-93.) 



90 THE COLONIAL SOCIETY OP MASSACHUSETTS. [Feb. 

Readiness, on the shortest Notice, to give them such a Reception, as 
such vile Ingrates deserve. JOYCE, jun. 

{Chairman of the Committee for Tarring and Feathering, 

^*If any Person should be so hardy as to Tear this down, they 
may expect my severest Resentment j, juq. 

Mr. Albert Matthews spoke as follows : 

When Mr. Edes showed me the other day the handbill which has 
just been exhibited, I said that I had among my papers some notes 
bearing on the subject and that I would bring these to the meeting 
to-day. This particular handbill, as we learn from a Boston news- 
paper, "was seen pasted up on the most public Places in this 
Town " on " Saturday Morning last," January fifteenth, 1774.^ 

It is to be regretted that our liberty-loving ancestors of the 
stormy decade between 1765 and 1775 should have persecuted with 
such bitterness those who differed from them in their political 
beliefs. The passage of the Stamp Act was the signal for an out- 
burst of violence from Halifax to Georgia, At firat this was con- 
fined to the comparatively harmless amusement of hanging and 
burning in eflBgy Bute, Grenville, and others who had been, or were 
popularly supposed to have been — for mistakes were sometimes 
made, — instrumental in procuring the enactment of that fateful 
measure. Soon, however, the patriots resorted to less pardonable 
methods, and by the autumn of 1768 we find that the practice of 
tarring and feathering had become well established. On a future 
occasion I hope to be able to give the history of this practice in 
some detail, but at present I shall confine myself to Joyce Junior. 
So far as I am aware, this at one time noted personage made his 
first appearance in the handbill exhibited by Mr. Slade. For several 
years he was a conspicuous figure in the streets of Boston. 

In a series of articles called Reminiscences, printed in a Boston 
newspaper late in the year 1821, the author, alluding to the cele- 
brations which took place on Pope Day, said : 

^ Boston Gazette, 17 January, 1774, No. 980, p. 8/3. The handbill was 
printed in this issue of the Boston Gazette, p. 3/8 ; in the Essex Gazette, 11-18 
January, 1774, vi« 99/2; and in the Boston News-Letter^ 20 January, 1774, 
No. 3668, p. 1/2. 



1903.] JOYCE JXJKIOB- 91 

A man used to ride on an ass, with immense Jack boots, and his face 
covered with a horrible mask, and was called Joyce, Jr. His office was 
to assemble men and boys in mob style, and ride in the middle of them, 
and in such company to terrify the adherents to Royal Government, 
before the Revolution. The tamalts which resulted in the Massacre, 
1770, was excited by that means. — Joyce Junior^ was said to have a 
particular whistle which brought his adherents, &c. whenever they were 
wanted.^ 

Tills is the only explanation I have met with of the origin of Joyce 
Junior, and there are good reasons for doubting its accuracy. First, 
it is obvious that a celebration which took place on November fifth 
could hardly have given rise to a tumult which did not occur until 
March fifth. Secondly, it will be noted that, according to our 
author, a chief object of Joyce Junior was "to terrify the adherents 
to Royal Government, before the Revolution." But until 1765 all 
the colonists were adherents of the Royal Government, yet Pope * 
Day had been celebrated in Boston certainly for a generation, and 
doubtless for many generations, before the Stamp Act.^ Thirdly, 
our author's description of the appearance of Joyce Junior does not 
tally, as we shall later see, with what Mrs. Abigail Adams wrote 
about him in 1777. Finally, our unknown author was writing half 
a century after the event and not even from personal recollection. 
In the first of his Reminiscences, he says : 

I propose to mention what I remember, connected with some things 
which I have heard, of the Town of Boston. I have known it from 
about the time of the peace of 1783; — and can remember accorately 
about one third of a century.* 

Hence, on his own confession, he could not remember accurately 
what took place before 1788. We all know so well how treacherous 

^ Boston Daily Advertiser, 9 November, 1821, p. 2/3. The paragraph will 
also be found in Niles's Principles and Acts of the Revolution (1822), p. 490, 
but wrongly attributed to the Boston Gazette. 

^ In 1740 the Selectmen of Boston — 

Voted, That inr. SaveU be directed to Send a Watch into the Common this Evening 
to prevent any Damage to the Rails & Trees there — it being the b^\ of Nov. when 
large Numbers of Persons meet there (Boston Record Commissioners' Reports, xv. 
259). 

Similar precautions had been taken in 1737 and 1738 (Ibid, zy. 81, 141). 

* Boston Daily Advertiser, 30 October, 1821, p. 2/2. 



92 THE COLONIAL SOCIETY OF MASSACHUSETTS. [Feb. 

a thing the memory is, that perhaps illustrations are supeifluous ; 
but there happens to be one which is so apt that I cannot refrain 
from bringing it forward. At the very time when our author was 
writing his Reminiscences in one Boston newspaper, in another 
Boston newspaper there were appearing the Recollections of a 
Bostonian. The writer introduces his Recollections as follows : 

Mb. Russell — Monday last, Nov. 5th, being "Pope Day," brought 
to my recollection scenes of former days. — Some of them I have placed 
on paper. To three fourths of your readers they may be new, and 
perhaps amusing to others. Yours, a bostonian.^ 

In his second article the Bostonian gives this interesting account 
of his experiences after the evacuation of Boston by the British : 

The British army evacuated Boston on the forenoon of Sunday, the 
17th March, 1776. On the afternoon of that day, I landed ... at the 
bottom of the Common, near the high bluff, which was taken away a 
few years ago to make Charles-street. ... On crossiug the Common, 
we found it very much disfigured with ditches and cellars, which had 
been dug by the British troops, for their accomodation when in camp. 
To our great regret, we saw several large trees lying in the Mall,* which 
had been cut down [by the Tories] that morning. . . . The Mall was 
originally laid out with only two rows of trees, a third was added a few 
years before the war, which we found were all cut down for fuel, to- 
gether with the intire fence which surrounded the Common, as was also 
a lai'ge magnificent tree, which stood on the town's land, near the school 
house in West-street, of equal size with that which now stands in the 
middle of the Common, both of which I suppose to be aborigiiials^ 

The language here used seems to imply that the Tories cut down 
all the trees in each of the three rows, but possibly the Bostonian 
means that they cut down only the trees in the third row. Now 
it so happens that we have documentary evidence in regard to the 
planting of those three rows of trees. The first row was set out in 
1725, the second in 1734, and the third in 1784.^ In short, those 

1 Columbian Centinel, 10 Noyember, 1821, p. 1/4. 

^ This refers to the mall along Common Street, now Tremont Street. 

• Columbian Centinel, 17 November, 1821, p. 1/4. 

^ Boston Record Commissioners' Reports, viii. 192, xii. 58, 59, xxv. 248. The 
history of the trees on the Common was given in an article ih the Boston Even- 
ing Transcript, 20 March, 1902, pp. 1/7, 8/4. Permission to plant a third row 



1903.] JOYCE JUNIOB. 93 

trees which the Bostonian in 1821 so confidently declared had been 
"added a few years before the war" and had been cut down by the 
Tories in 1776, were not planted until eight years after the British 
left Boston ! After this striking example of the unreliableness of 
memory, we need not place too implicit confidence in the Remin- 
iscences. 

But to return to Joyce Junior. As already stated, his first 
appearance was apparently in the handbill exhibited to-day. For 
several months after he was very much in evidence. In a Boston 
newspaper of 31 January, 1774, will be found the following : 

Yesterday Morning the following Hand-Bill was seen pasted up on the 
most publick Places in this Town^ viz. 

Brethren, and Fellow-Citizens I 

nPHIS is to Certify, That the modern Panishment lately inflicted on 
-■• the ignoble JOHN MALCOM, was not done by our Order — We 
reserve that Method for bringing Villains of greater Consequence to a 
Sense of Guilt and Infamy. 

JOYCE, Jun'. 

{Chairman of the Committee for Taring and Feathering. 

t^ If any Person should be so hardy as to tear this down, they may 
expect my severest Resentment. J. jun.^ 

was granted by the Selectmen 26 July, 1784. From the Massachusetts Centinel 
of 7 Augast, 1784, we learn that — 

By the present plan the mall ia to consist of three ranges of elm trees, fenced in on 
the inner and enter aides (p. 3/2). 

In the same x>aper of 18 August, 1784, we are told: 

Aa trees are the primary objects, they will command the first attention ; the two 
rows already in the mall will be immediately compleated; a third row will follow 
(p. 3/1). 

See also the Massachusetts Centinel, 1 September, 1784, p. 9/2; 15 Septem- 
ber, p. 3/3; 18 September, p. 5/3; 22 September, p. 3/2. 

^ Boston Gazette, No. 982, p. 3/2. This was also printed in the Essex 
Cassette, 25 January-1 February, 1774, vi. 107/2; in the Boston News-Letter, 
8 February, No. 8670, p. 2/3 ; and in the Massachusetts Spy, 3 February, 1774, 
No. 157, p. 2/3. It was not often that the same man was tarred and feathered 
more than once, but this unhappy experience twice befell Malcora. He was 
"genteely Tarred and Feather'd " at Pownalborough (now Dresden, Maine) 
on November first, 1773, and on January twenty-fifth, 1774, a mob in Boston 



94 THE COLOKIAL SOCIETY OP MASSACHUSETTS. [Feb. 

The next extract is from a newspaper of 28 March, 1774 : 

A CARD. 

nPHE Plymouth Protestors present their Compliments to Joyce, jun. 
^ and ask the Favor of him to make Preparation for a Reception of 
a select Committee from their Body, who propose to honor the Me- 
tropolis with a Visit very soon.^ 

In a newspaper of 17 March, 1777, was printed this notice:^ 

JOYCE Junior, 

ORESENTS his most respectful compliments to those chosen few, who 
^ early and faithfully engaged in the Cause of Liberty and their 
Country, to oppose those Sons of Tyranny who took Shelter behind the 
British Tyrant's Edicts, and Band of Hireling Vassals, That he is once 
more returned from Correcting those Miscreants, after almost two Years 
Absence; That he will meet them at the old Place of Randezvous 
toMorrow Evening, 7 o'Clock, in Order to Consult the most effective 
Ways and Means to carry into Execution the Act of this State to pre- 
vent Monopoly and Oppression ; To see what is best to be done with 
those shameless Brass Faced Tories, w^ho have the Audaciousness to 
remain among this much abused and insulted People, and still carry on 
their Treacherous Designs ; To take the best Methods to get rid of a 
Set of abandoned Miscreant Tories, who have been drove out of the 
several Towns in this State for their Villainous Doings, and have taken 
Shelter in this Town ; To take some effective Method to prevent their 
frequent Meetings, and Act upon all such Matters as shall come before 
them. 

'* tore his Cloaths off, and tarred his Head and Body, and feathered him, then 
set him iu a Chair in the Cart, and carried him through the main Street into 
King-Street, from thence they proceeded to Liberty-Tree, and then to the Neck 
as far as the Gallows, where they whipped him, beat him with Sticks and 
threatened to hang him." See the Boston Gazette, 15 November, 1773, No. 
971, p. 3/2 ; Boston News-Letter, 27 January, 1774, No. 3669, p. 2/3, 3 Feb- 
ruary, 1774, No. 3670, p. 2/3; Massachusetts Spy, 27 January, 1774, No. 156, 
p. 3/3. 

1 Boston Gazette, No. 990, p. 2/2. 

« Ibid., No. 1175, p. 3/2. In the same paper of 24 March, 1777, No. 1176, 
p. 3/2, is the following : 

ijy JOYCE jm. must be omitted this Week. 



1903.] JOYCE JUlSriOB- 96 

N. B. I desire you would make a proper Enquiry of a Rescinding 
Calf,^ a Maiden Porter,^ a Cape- Ann Serjeant* and a Refugee Upham.^ 

^ By ihe somewhat enigmatical sobriquet of '' the Rescinding Calf " is meant 
Dr. John Calef of Ipswich. Whether " Calf " was an intentional insult or 
merely a misprint, does not appear. The explanation of the satire takes us 
back to 1768. On the fourth of February in that year, in the House of Repre- 
sentatives, — 

It was moved that a Committee of this House be appointed to prepare a letter to be 
transmitted to the several Hoases of KepresentativeS and Brrgesses on the Continent, 
to inform them of the Measnres which this Hoose have taken with regard to the Diffi- 
culties they are apprehensive will arise from the operation of several Acts of Parliament 
for levying Duties and Taxes on the American Colonies and report. And the Question 
being put, Whether a Committee shall be appointed for the Purpose aforesaid f It pass'd 
in the Affirmative (Massachusetts House Journals, p. 148). 

On the eleventh of February — 

The Committee for that purpose appointed, Reported a Letter to the several Houses 
of Representatives and Burgesses on the Continent (Ibid. p. 157). 

The Appendix to the House Journals contains A circulatory Letter, directed 
to the Speakers of the respective Houses of Representatives and Burgesses on 
this Contiuent (pp. 20-23). When this Letter reached England, it aroused the 
ire of the Government. The next House met in May, 1768, and on the twenty- 
first of June Got. Bernard, in pursuance of instructions he had received, sent a 
Message to the House requiring it, " in his majesty's name, to rescind the reso- 
lution of the last house of representatives, in consequence of which a circular 
letter had been sent to the several assemblies upon the continent " (Hutchinson, 



' Dr. Jonathan Porter had long been a prominent inhabitant of Maiden, and 
why his patriotism should have been suspected does not appear. The following 
notice is taken from the Independent Chronicle of 22 May, 1777, No. 457, 
p. 3/2: 

At a Meeting of the Town ofMalden, voted, nem. con. That the Piece signed JOYCE, 
Jnn. published in the Paper of the nth of March last, so far as it respects the Character of 
Doctor Porter, late an Inhabitant of this Town, is false and groundless. 

Attest. SAMUEL MERRITT, Town-Clerk. 

Maiden, May 19, 1777. 

My attention was called to this notice in D. P. Corey's History of Maiden 
(p. 773), where also will be found much information about Dr. Porter. 

* See p. 98 note 5, below. 

^ This was Joshua Upham (H. C. 1763) of Brookfield, Massachusetts. He 
was an Addresser of Gage 1 July, 1774, removed to Canada, and later be- 
came Justice of the Superior Court of the Province of New Brunswick. See 
Sabine, Biographical Sketches of Loyalists of the American Revolution, ii. 372, 
873. 



96 THE COLONIAL SOCIBTY OP MASSACHUSETTS. [Feb, 

That the threat against the persons mentioned in the last para- 
graph was not an idle one, is shown by the notification which was 
issued 19 April, 1777: 

' History of Massachasetts, iii. 195). The matter at onoe engaged the attention 
of the Houfie, and on the thirtieth of June — 

Then it was mov'd, that the Qaestion be pat, Whether this House will Rescind the 
Resolation of the last Honse which gave Birth to their circular Letter to the several 
Houses of Representatives and Bargesses in the other Colonies on this Continent ? 

Thereupon a Motion was made, and the House passed an Order that the Qaestion be 
decided by Yeas and Nays. 

The Qaestion was then pat, and the Members severally giving their Voice Tea or 
Nay, it passM in the Negative by a Division of 92 to 17 (House Journals, p. 89). 

At that time Ipswich had two Representatives, Capt. Michael Parley and 
Dr. John GaJef. Among the seventeen Teas was the name of Dr. Calef. 
Hutchinson's comment is as follows : 

Many who voted against the resolation woald not rescind it, because they would not 
be subject even to royal direction, in the character of members. The seventeen rescind- 
erd were against the resolution when it passed.^ If there had been no requisition, they 
would willingly have rescinded. They did not think they could justify a refusal to 
rescind, merely because the king required it. But though they could justify their con- 
duct to their own consciences, they could not excuse it to the satisfaction of the people. 
The house ordered that the names, on both sides of the question, should be printed. One 
list was handed about with every expression of honour and applause ; the other, like the 
list of the Straffordians in the last century, was hung up, in contempt and derision. 
The number 92 was auspicious, and 1 7 of ill omen, for many months after, not only in 
Massachusetts Bay, but in most of the colonies on the continent (History of Massachu- 
setts, iii. 197). 

Hutchinson's language as to the popular effect of the yote is not exaggerated. 
For a while the number 92 became as famous as Wilkes's number 45, and the 
two were often coupled together. In the Boston Evening-Post of 1 Angust, 
1768, No. 1714, appeared the following: 

Last Monday se'ennight [18 July], the Tower of Trinity Church, in Newport, was 
raised by 45 Sons of Liberty who, we are told, the ensuing Evening, supped together on 
45 different Dishes. — The same Evening a considerable Number of Gentlemen met at 
Mr. Potter's, where they drank many loyal Healths, and concluded with toasting the 
Massachusetts Ninety-Two Anti-Rescinderg (p. 3/1). 

The anniversary of the repeal of the Stamp Act soon came, and in the same 
paper of 22 August, No. 1717, we read : 

iSoSton, August 22. 1768. 

ON Monday the 1 5th Inst, the Anniversary of the ever memorable Fowrteenih of 
August, was celebrated by the SONS OF LIBERTY in this Town, with extraor- 
dinaiy Festivity. At the Dawn, the British Flag was displayed on the Tree ofLibertif, 
and a Discharge of fourteen Cannon, ranged under the venerable Elm, saluted the joyous 
Day. . . . The Musick began at high Noon, performed on various Instruments, joined 
with Voices ; and concluding with the universally admired American Song of Liberty, 

1 This statement is slightly inaccnrate, for Dr. Calef was not a member of the House which 
passed the resolution. 



1903.] JOYCE JUNIOR, 97 

BOSTON, April 19, 1777. 6 o'Clock, P. M. 
Mr. Edes, 

Omit publishing the following at your Peril. 
A NOTIFICATION, 
TT/^HEBEAS^ by my express Command^ this Day^ Jive Tory Villains 
^^ were carted over the Line on Boston Necky viz, William Jack- 

. . . The Song was clos'd with the Discharge of Cannon and a Shoat of joy ; . . . The 
following Toasts succeeded, viz. . . . 

14. The glorious Ninety-Two, trko defended the Rights of AMERICA, uninfluenced hy 
the Mandates of a Minister , and undaunted by the Threats of a Governor. 

Which being finished, the French Horns sounded ; and after another Discharge of 
Cannon, compleating the Number Ninett-two, the Gentlemen in their Carriages, 
repair'd to the Greyliound Tavern in Roxbury, where 9k frugal and elegant Entertainment 
was provided (pp. 2/3, 3/1). 

At this "frugal" entertainment 45 more toasts were <* given out^" among 
them being the following: 

17. The MASSACHUSETTS ^\jietj-Two\ 

It is sometimes said at the present day that Americans hare short political 
memories. However this may be, the reproach cannot with justice be brought 
against our ancestors of the last half of the eighteenth century. John Adams 
complained that for years after the Boston Massacre the people of Boston did 
not forget or forgive his share in the defence of the accused soldiers (Works, 
ix. 617, z. 162, 166). More than six years after the refusal of the Massachusetts 
House to rescind, Dr. Calefs share in that matter was well remembered. In the 
Essex Gazette of 11-18 October, 1774, No. 825, p. 3/2, appeared the following : 

INASMUCH as a great Number of Persons are about the House of the Subscriber, 
wfao say they have heard I am an Enemy to my Country, &c. and have sent a large 
Committee to examine me respecting my Principles — In Compliance with the Request, 
do declare. 

First. I hope and believe I fear God, honour the King, and love my Country. 

Secondly. I believe the Constitution of Civil Government, as held forth in the Char- 
ter of Massachusetts-Bay Province, to be the best in the whole World, and that the 
Bights and Privileges thereof ought to be highly esteemed, greatly valued and seriously 
contended for, ond that the late Acts of Parliament made against this Province are* 
unconstitutional and unjust, and that I will use all lawful Means to get the same re- 
moved ; and that I never have and never will act by a Commission under the new Con- 
stitution of Government, and if ever I have said or done any Thiug to enforce said Act, 
I am heartily sorry for it; and as I gave my Vote in the General Assembly on the dOth 
of June, 1768, contrary to the Minds of the People, I beg their Forgiveness, and that 
the good People of the Province would restore me to their Esteem and Friendship- 
again. JOHN CALEF. 

Ipswich, October 3, 1774. 

I am free the said Committee should make what Use of the above Declaration as they 
think proper. John Calbf. 

A/ier he had read the above Declaration^ it was put to Vote, and the Company voted" 
Acceptance. 

The passage in the text shows that even as late as 1777, Dr. Calefs unpopular 
act of nine years before had not been allowed to pass into oblivion. 

7 



98 THE COLONIAL SOCIETY OF MASSACHUSETTS. [Feb. 

son/ Nathaniel Gary,* James Perkins,* and Richard Green,* of this Toum^ 
and a certain Epes Serjeant,* of Cape-Ann^ FersonSj whose Characters 

^ William Jackson was a well-known merchant of Boston. In the Boston 
Evening-Post of 17 October, 1768, No. 1725, Jackson advertised that he *' is just 



^ Nathaniel Gary was an Addresser of Hutchinson 28 May, 1774, and of 
Gage 8 June, 1774, and 6 October, 1775. See Sabine, Biographical Sketches of 
Loyalists of the American Revolntion, ii. 494. 

* James Perkins was an Addresser of Hutchinson 28 May, 1774, and of Gage 
8 June, 1774, and 6 October, 1775. See Sabine, Biographical Sketches of 
Loyalists of the American Revolution, ii. 177. 

^ Richard Green was an Addresser of Gage 6 October, 1775. For the follow- 
ing information in regard to him, I am indebted to Mr. Henry H. Edes. 

Richard Green, son of Samuel and Mary (Briggs) Green, was born in Boston 
13 December, 1780. The Registers of King's Chapel record the burial of his 
mother on the tenth of April, 1755, at the age of 45, and of his father, a "chaize 
maker," on the second of October following, at the age of 47. Mr. Green be- 
came a prosperous merchant and the owner of valuable real estate on the north- 
westerly side of Newbury (now Washington) Street, midway between Temple 
Place and West Street. He was the senior member of the firm of Green and 
Cleverly, hardware merchants. On 21 February, 1754, he married, at King's 
Chapel, Hannah, daughter of Martin and Susanna (Sigoumey) Brimmer, and 
sister of Martin Brimmer who married Sarah Watson, daughter of Col. George 
Watson of Plymouth and his wife Eliza, daughter of Chief-Justice Peter Oliver. 
Although an Addresser of Gage, he appears to have remained in Massachusetts 
during the War. His partner, Stephen Cleverly, was one of the Sous of 
Liberty, and owned and occupied the estate in Newbury Street contiguous on 
the east to that of Mr. Green. Mrs. Hannah Green was buried 24 January, 
1794, her age being recorded as 61 in the Burial Register of Trinity Church. 
On the fourteenth of December following, the Trinity Church Register records 
the marriage of Richard Green and Ann Briggs. She was the daughter of 
George and Ann (Wing) Briggs, and at her baptism in King's Chapel, 19 Sep- 
tember, 1755, her future husband and his first wife, with Jehosabeth Wing, 
were sponsors. Mr. Green died childless, 26 November, 1817, aged 87, and his 
widow died 24 October, 1839, aged 84. Both were buried in the Brimmer 
tomb (No. 17) under King's Chapel. (Boston Record Commissioners' Reports, 
xxii. 361, 370, xxiv. 197, xxviii. 167, 291, 337, xxx. 10, 135,354; Suffolk Deeds, 
cxxvi. 146, ccxvii. 6, ccclxi. 39; Suffolk Probate Files, nos. 22670, 25391, 
32310; Boston Town and City Records of Deaths; King's Chapel Registers; 
Trinity Church Registers ; Boston Directory, 1796 ; 1 Proceedings of the Massa- 
chusetts Historical Society, xi. 140; Sabine's Loyalists in the American Revolu- 
tion, i. 498 ; Journal and Letters of Samuel Curwen, 1864, p. 475 ; Memorial 
History of Boston, ii. 555 ; Publications of this Society, iii. 198, 199, viii. 86 
note), 

fi Epes Sargent (1721^1779) was the son of 0>1. Epes Sargent (1690-1762) 



1903.] JOYCE JUNIOB. 99 

have been so tmiform for some Time pastf cw not to be marked even with 
the Shadow of a Virtue : — AND whereas thei^e are many more of tJie 

arriyed . . , from London '' (p. 8/8) ; and ia the same paper of 16 January, 
1769, No. 1738, p. 3/1, was printed a long advertisement, in part as follows : 

Imported in the kut Ships from London ^ BriBtol, by 
William Jackson 
And sold at his Variety Store,i at the Brazen-Head, 
next the Town-House, Wholesale or Retail, at 
the lowest Prices, 
A good Assortment of English and Hard Ware GOODS. 

The name of William Jackson appears in " A LIST of the Names of those 
who audaciously continne to counteract the united Sentiments of the Body of 
Merchants throughout North Ambeica, hy importing British Groods contrary 
to the agreement" (Boston Evening-Post of 26 February, 1770, No. 1796, p. 
1/1). It must have been about the same time that the following handbill was 
printed, of which a facsimile is given in the Narrative and Critical History of 

America, vi. 80 : 

WILLIAM JACKSON, 
an IMPORTER; at the 
BRAZEN-HEAD, 
North Side of the TOWN-HOUSE, 
and Opposite the Town-Pump, in 
Corn-hiU, BOSTON. 

It is desired that the Sons and 
Daughters of LIBERTY, 
would not buy any one thing of 
him, for in so doing they will bring 
Disgrace upon themselves, and their 
Posterity, for ever and ever, AMEN. 

Jackson was an Addresser of Hutchinson 28 May, 1774, and of Gage 8 June, 
1774, and 6 October, 1775. In the Boston Ga25ette of 8 April, 1776, No. 1090, 
appeared the following : 

Last Wednesday [3 April] Capt. Manley took and sent into Beverly, a large brig, 
after some resistance. This vessel was purchased by William Jackson, at the brazen 
head, who with Crean Brush, and a number of others, women and children, were on 
board, besides a Serjeant and 12 privates of the king's own regiment, who are made 
prisoners. She was bound for Hsdifax, and has on board a variety of articles ; she is 
estimated to be worth 35,0001. sterling (p. 2/2). 

For notices of Crean Brush, Capt. John Manly, and William Jackson, see 
the Publications of this Society, ▼. 261, 264, 272-275; and Sabine, i. 668. 

and the father of Epes Sargent (1748-1822), who graduated at Harvard College 
in 1766. See J. H. Sheppard, Reminiscences of Lucius Manlius Sargent 
(1871), pp. 6, 26, 29 ; Babson, History of Gloucester (1860), pp. 151-153. 

1 " Variety stores " had long existed in Boston, but the earliest use of that particular term 
known to me — a term which, sinfculariy enough, is not recognized in the Century Dictionary 
— occurs in an advertisement of William Jackson's '* Variety Store *' in the Boston Evening- 
Post of 21 November, 1768, No. 1730, p. 3/3. 



100 THE COLONIAL SOCIETY OF MASSACHUSETTS- [Fkb. 

same Stamp in this Town^ and others daily coming in from the Country ^ 
because the Towns they resided in could no longer bear their unparallelled 
WickednesSy lest they make others cm bad cw themselves, — AND whereas 
I have certain Information of a Oang of Tories^ who have Weekly Meet-- 
ings at particular Houses in this Town^ under Cover of the Night j then 
and there consulting and wickedly comriinng to ruin, if possible, this once 
happy JLand : — AND whereas there are several Merchants^ Shopkeepers 
and others in this Town^ who have a large Quantity of Dry Ooods, and 
West-India Produce^ which they have secreted, and still refuse to sell, 
alt/io' the good People of this State^ and the Army, are in immediate 
Want of such Articles; and others that do selly are guilty of many wicked 
and evil Practices, in adulterating certain of tJieir Goods, and others re- 
fusing Paper Currency; — AND whereas, nottoitJistanding the many good 
and wholesome Laws of this State, Villains of each of the foregoing De- 
nominations, either by Evasions, or by haviiig their Catises supported by 
Persons of a certain Class, called Moderate Men, alias Hypocrites, escape 
condign Punishment : — 

T HAVE therefore thought fit to issue this my NOTIFICATION, 
^ stnctly charging and commanding all Persons who are guilty of any 
or all the Vices and Enormities herein before enumerated, that they 
forthwith cease from all such nefarious Practices, otherwise they may 
rely on Judgment without Mercy ; as I am determined to punish with 
Rigour all such notorious Offenders, notwithstanding the impotent 
Threats of a certain little retailing Shopkeeper near the Cornhills 
Brazier, and others, Persons who I know never were blest with the best 
of Characters in political Matters; and who, if I hear any more of their 
Impertinence, shall endeavour to teach THEM Wisdom. 

I DO hereby require, in Compliance with the good and wholesome 
Laws of this State, and for the Good of the Public, for whom I stand 
forth, That all who have left Butchering, Droving, Horse jockeying, 
Shoe-making, Sand-driving, and assum'd selling by Wholesale or Retail 
West India Goods, and all others in the same Business, and of Huxter- 
ing, that they forthwith open their Stores and Shops, and sell openly 
and publickly, Rum, Sugar, Molasses, Cotton-Wool, Ac &c at the 
Prices stipulated by Law. 

I DO further command and require all Meetings of Tories to cease 
from this Time, or else I shall take an Opportunity of breaking up their 
further gossippings at the Widows. And I do Caution the said Widow 
from permitting her Son going with any more Letters to Reading and 
Concord. I most affectionately return my Thanks to those free Sons 



1903.] JOYCE JUNIOR. 101 

who gave me their Assistance this Day. I shall notify when I would be 
glad to see them again. 

JOYCE, Junr.i 

From an altogether different source we get another account of 
this affair. On April twentieth Abigail Adams wrote to John 
Adams, then in Philadelphia, as follows: 

I hate to tell a story unless I am informed of every particular. As it 
happened yesterday, and to-day is Sunday, I have not been so fully 
informed as I could wish. About eleven o'clock yesterday William 
Jackson, Dick Green, Harry Perkins, and Sargent, of Cape Ann, and 
A. Carry, of Charlestown, were carted out of Boston under the direction 
of Joice junior, who was mounted on horseback, with a red coat, a white 
wig, and a drawn sword, with drum and fife following. A. concourse 
of people to the amount of five hundred followed. They proceeded as 
far as Roxhury, when he ordered the cart to be tipped up, then told 
them if they were ever caught in town again it should be at the expense 
of their lives. He then ordered his gang to return, which they did 
immediately without any disturbance.^ 

Mrs. Adams left her letter open until the next day, and on the 
twenty-first added this paragraph: 

Have now learned the crime of the carted Tories. It seems they have 
refused to take paper money, and offered their goods lower for silver 
than for paper ; bought up articles at a dear rate, and then would not 
part with them for paper.* 

The same day on which " Portia " — as John Adams was wont 
to call his wife — wrote the above letter, the following paragraph 
appeared : 

A Soldier in the Continental Army, at Barracks No. 2, Cambridge, 
^^ presents his Compliments to the Hon. PATRIOT, Joyce^ jun. — 
and would be greatly satisfied, if his Honor would condescend so far as 
to pay him a Visit that Way — as he is much Wanted 
Cambridge Barracks, April 20th, 1777.* 

— ' — V 

1 Boston Gazette, 21 April, 1777, No. 1180, p. 2/3. 

>' Familiar Letters of John Adams and his Wife Abigail Adams, daring 
the Revolution (1876), p. 262. 

• Ibid,, p. 263. 

* Boston Gazette, 21 April, 1777, No. 1180, p. 2/Z. 



102 THE COLONIAL SOCIETY OF MASSACHUSETTS. [Feb. 

A few days later Joyce Junior was once more heard from : 

Messieurs Powars and Willis, Boston, April 23, 1777. 

You are ordered to publish the within (to-morrow in your paper) at 
your peril JOYCE, jun. 

A S I have certain information that the AMORY's ^ and others, have 
'^*' very large quantity of Rum, Sugar, &a in this town — and that 
many loads of these articles have been sent to Sherburn to the care of 
Capt. Newall of that place — and to other towns in the country, under 
pretence of sending them to the Continental army — and further, that 
some large retailers of English goods in this town, have a great assort- 
ment by them — that was saved by the other tories during the enemies 
being in possession of this town, and refuse to sell — notwithstanding 
the great want of all the before mentioned articles — I therefore give 
them this public notice that they conform immediately to the Laws of 
this State at their utmost peril. 

I beg the good people of this State when any traders appear among 
them belonging to this town, offering more than the regulated price for 
any article they have for sale — that they immediately send me the 
particulars in a letter directed to me, left at Edes's office, Queenstreet. 

N.B. I am glad to hear my advertisement of last Monday [21 April] 
has brought some persons to a sense of their duty. JOICE, jun.* 

It is possible that the measui'es threatened and those actually 

carried into execution may have called forth some serious criticism ; 

at all events, on May first the following satirical remonstrance 

appeared : 

May 1, 1777. 

\\T ELL Mr. Joyce, jun. what have you been doing? How could you 

^ ' find it in your Heart to frighten 2 or 3 poor Women and Cart so 

cruelly five lunatick Tories, only because they were enemies to their 

Country? fie, fie! your Honour is certainly hard-hearted : why the whole 

1 The heads of the Amory family at that time were the three brothers, 
Thomas Amory (1722-1784) who graduated at Harvard College in 1741, 
Jonathan Amory (1726-1797), and John Amory (1728-1803). The two 
younger brothers formed the firm of Jonathan and John Amory. From the 
regularity with which the brothers took their afternoon walk along Orange 
Street, they earned the nickname of " the Three Cocked Hats " (Gertrude E. 
Meredith, Descendants of Hugh Amory, 1901, p. 109). Thomas Amory was 
an Addresser of Gage 8 Jane, 1774, and 6 October, 1775. 

« Independent Chronicle, 24 April, 1777, No. 453, p. 3/3. 



1903.] JOrCB JUNIOR. 103 

Town is dissolved in Grief ; the Old Women do nothing but read the 
Book of Martyrs^ and the Young Ones, the Precious Song of the Babes 
in the Woods, In seventy five no body had cause of Woe, we were 
then in a perfect State of Felicity ; and even those that were so foolish 
as to quit the Town were generously allowed to carry Five Pounds with 
them, though they did not leave above 5000 behind them, to be plun^ 
dered by our humane Friends in the British Army : I would ask you in 
a free and independent State, whether every Person has not a Right to 
do every Thing in his Power to Ruin the Country with Impunity, and 
Distress every Department by Monopolizing? You cannot deny but 
that they can, and have a Right to do it, and it is our Part to yield to 
them and suffer the Minor to swallow the Major. 

A SOLDIER, 
To the Hon. Joyce^ jun.^ 

With one more extract we may bring to a close our account of 
Joyce Junior: 

A CARD 

A True Friend to America, compelled by the Necessity of the Times, 
"^^ presents his Compliments to Joyce^ JunW, and tho' he acknowl- 
edges the Method of extirpating Tories, would come better from Gov- 
ernment, yet he apprehends the Reins at present so lax, that spirited 
Measures should be taken by some Well wisher to his Country, and one 
who will proceed in this Business with Order and Regularity. — He there- 
fore earnestly calls upon this spirited Asserter of the American Cause, 
to proceed in such Manner as he, with the Advice of his Brethren shall 
think proper, to clear this Town of aU noted and suspicious Persons^ who 
are so injurious to this State in particular, and the United States in 
general, and who will sooner effect our Destruction by their secret Com- 
binations, Consultations, and other diabolical Practices, than the whole 
Force sent against us by Great Britain. — This Country being once Free 
from these Pests to Society, he trusts in God, Mr. Howe, with all his 
mercenary Troops, will never be able to effect their Design. 

The other Towns in this State, are also earnestly called upon, to 
exert themselves in the Salvation of their Country, by some Measures 
similar to those taken in this Town ; and all Committees of Correspond- 
ence, Inspection, Safety and others, are desired to keep a strict Watch 
upon the Motions of these wicked designing Men. 

The Intelligence we have had of burning the Stores at Danbury, is 
sufficient to rouse us from our present Lethargy, and I dare aver, many 

1 Boston Gazette, 12 May, 1777, No. 1183, p. 2/8. 



104 THE COLONIAL SOCIETY OP MASSACHUSETTS. [Fkb. 

of these internal Enemies would, with Pleasure, convey the British 
Troops to our most valuable Magazines. — A Word to the Wise is 
sufficient.^ 

It may safely be assumed that with the close of the Revolution- 
ary War, the practice of tarring and feathering came to an end in 
Boston. Joyce Junior having become a familiar figure, it is possible 
that he continued to parade the streets on Pope Day, and so perhaps, 
after all, there may be some truth in the statements made by the 
author of the Reminiscences. But it would seem to be clear that 
Joyce Junior had his origin not in the celebrations on Pope Day, 
but in the bitter political feelings engendered by the Stamp Act. 
Why that particular name should have been chosen, and what 
significance there was in the appellation, are questions upon which 
some of those present can perhaps throw light. 

Mr. John Noble said he remembered having seen the 
name Joyce Junior in papers in the Suffolk Court Files. 
Mr. Noble made the following communication : 

In a previous communication on the Land Controversies in 
Maine, certain papers connected with four ejectment cases were 
printed.^ These, taken from the numerous collections in the suits, 
were selected not for their bearing upon the issue involved — the 
title to the lands in question, — but for the light thrown by them 
upon the early conditions in the Pemaquid settlement and in frontier 
life, and because they contributed to local history and contained 
matters of general interest in different directions. 

A few days ago there was received from Mr. William D. Patter- 
son of Wiscasset, Maine, a copy of a Petition connected with those 
suits which he found in the Massachusetts Archives. This docu- 
ment, which explains itself, is presented to-day as an addition to 
my former communication. I have added a few depositions not 
before given, bearing upon the Petition, which are in the same line 
as those before selected, and, like them, chosen without reference 
to their effect on the legal issue. Two from which a brief extract 
was then made are now given in full, — to bring out additional 
points. As before, there are some taken in perpetuam^ and a deed 

1 Boston Gazette, 12 May, 1777, No. 1183, p. 2/8. 
^ Publications of this Society, vi. 11-70. 



1903.] LAND CONTBOVEBSIBS IN MAINE. 106 

or two. The tcJiing of depositions in perpetuam seems to have be- 
gun as early as 1717, as appears by the petition, and to have con- 
tinued at intervals for half a century. The latest, taken at the 
time of the trial, seem to forebode a litigation of indefinite duration. 
The Petition brings out the bearing and importance of the depo- 
sitions of a venerable woman printed in the former communication ^ 
and explains the vigor of the attack upon her failing memory. 
The Petition aimed to secure by legislative authority the admis- 
sion of certain depositions taken fifty years earlier, but at that time 
excluded by the Courts for defect in the Caption. The Petition is 
as follows : 



To his Honor the Leia\ Governor, the Hono^" his Majesty's Council 
and the Hono^l^ House of Representatives. — 

The Petition of Hezekiah Egglestone of Bristol in the County of 
Lincoln — Humbly she weth, That your Petitioner's Great Grandfather 
Richard Fullford formerly of a Place called Round Pond in said Bristol, 
about the Year of our Lord 1660 purchased a Tract of Land there 
whereon he lived, adjoining to a Plantation commonly called Muscongus, 
and belonging to the Family of the Peirces ; that your Petitioner's said 
Great Grandfather lived on and quietly enjoyed the Premisses 'till the 
Beginning of the present Century, except the Interruptions given him 
by the Indians (in which Time the Deed of his si Land was lost) leav- 
ing Issue only one Son who was a Minor, and a Daughter who was 
your Petitioner's Grandmother and who married Samuel Martin, who as 
soon as the Troubles with the Indians were over again in 1715 settled 
said Lands, 'till he was beat off by the Indians in the War commonly 
called the three Year War between 1722 & 1725 ; that your Petitioner's 
said Grand father Martin after he had resettled said Lands, took the. 
Testimonies of sundry ancient Persons in 1717, who formerly lived ad- 
joining, to fix the Boundaries and supply the Loss of his Father in Law's 
Deed of said Land ; that afterwards Viz. in 1739 your Petitioner's 
Great Uncle Viz\ Francis Fullford the only Son of said Richard again 
settled said Lands, whose Tenants have been in constant Possession 'till 
the last War ; and lastly that your Petitioner is now in Possession of 
Part of said Tract — But so it happens that your Petitioner's said 
Grand father thro' Ignorance of the Law, had the said Testimonies 
taken before one Justice of the Peace only and put on Record ad per- 

^ Naomi Annis. See the Publications of this Society, vi. 33-35. 



106 THE COLONIAL SOCIETY OP MASSACHITSBTTS. [Feb. 

petuam Rei Memoriam, and whereas sundry Persons without any Pre- 
tence of Title have trespassed and settled themselves on said Land 
cleared and brought too by your Petitioner's Ancestors at great Peril of 
their Lives and Expence of Labour, your Petitioner is unable to recover 
the Possession of said Land unless relieved by your Honors : Where- 
fore your Petitioner humbly prays that your Honors would confirm or 
make valid in Law said Testimonies or otherwise grant him that Relief 
which to your Honors shall seem meet — And your Petitioner as in 

Duty bound shall ever pray 

Hi^^^KifTTCTT Egmsleston* 

On the Petition of Hezekiah Egglestone In the House of Represen- 
tatives Nov. 2 1770 Read and Resolved that the Prayer be so far 
Granted that the Justices of the Inferior Court of Common Pleas or the 
Justices of the Superior Court of Judicature before whom any action is 
or may be depending Relating to the Lands mentioned in said Petition 
be Impowered to admit the Testimonies ^ Ref ered to in said Petition to 
be plead as Evidence in the Case as valid in the Law the failure of the Tak- 
ing the Testimonies before Two Justices Quorum unus notwithstanding 

Sent up for Concurrence 

T. CusHiNO Spkf 

In Council Novf 7* 1770 — Read & Concurred Sent down for Concur- 
rence as taken into a new Draft 

Jn^. Cotton D. Seory 

In the House of Representatives Nov' 8 1770 Read & nonconcurred & 
the House adhere to their own Vote with Amendment at A viz insert 
of Morrke Champney Ricliard Pearce SenT & John Pearce 

Sent up for Concurrence 

T. CusRim SpJfT 
In Council Novf 8, 1770 

Consented to 
Read and Concurred 
Jn? Cotton D. Seory ^ 

^ With the Petition were filed certified copies of — (1) Deposition of George 
Pearce, 7 February, 1720-21; (2) Deposition of John Pearce, 7 February, 1720- 
21 ; (3) Deposition of Morrice Champney, 29 November, 1717 ; (4) Deposition 
of Richard Pearce, Sr., and John Pearce, 29 November, 1717, all recorded 
with Essex Deeds, libro 37, folio 257,^. 

^ Massachusetts Archives, czviii. 458-463. 



1903.] LAND CONTBOVEBSIES IN MAINE. 107 

The litigation was evidently prosecuted with great vigor, un- 
common minuteness of detail, and laborious strenuousness, carried 
as it was through successive courts with even a resort to the 
General Court. Rather curiously, while in some of the printed 
accounts of Pemaquid it seems to have been known that such 
suits were started, an uncertainty is expressed whether they were 
ever prosecuted further, and no knowledge of their results appears. 
The cases in themselves, incidentally, are full of local history. 
That with all the hard battling they were conducted with a good 
degree of professional courtesy without any concession of legal 
rights is shown by many agreements, of which here are a couple : 



II. 

In the case of Bodkin v Randall it is agreed that the Depositions 
heretofore taken to be used in this case may be used on the Tryall at 
the Sap' Court in the same manner as tho' Taken & filed in sf Court, 
whether originally taken to be used in s** Infer* or Sup' Court — 

David Sewall 

T. Bradburt 
July 1770 at Falmo.i 

The same agreement in the cases of Yeats v Bodkin & Eliot v 
Bodkin. 

D. Sewall 
T. Bbadbubt. 

in. 

Lincoln ss. Pownalborough Court September Term 1769. 

Thomas Bodkin pit vf James Yates Defendant. 

The Council on both sides agree that all Depositions taken to be used 
in this action since the Commencement thereof may be used on the 
Trial at the Superior Court as well as if they had been lodged in this 
Court, and made part of the Case, save any Exceptions that may be 
made to the Caption thereof 

Theop? Bradburt for the pit 

David Sewall for the Deft 
A true Copy 

Examin'd by Jon^ Bowman Cler^ 

1 Suffolk Court Files, dcccxciii. 139495:14. 
3 Ihid. dcccxciii. 139495 : 13. 



108 THE COLONIAL SOCIETY OP MASSACHUSETTS. [Feb. 

The evidence, judging from the little presented here, must have 
been sufficiently complicated and perplexing, and memory and 
tradition freely invoked for the establishment of facts. Some 
depositions are added now, mainly for their bearing upon the 
Petition, but also, as before, as bringing out vividly many scraps 
of local history, accounts of families of settlers, and the rugged 
conditions of frontier life in the early times. They also have some 
significance in legal points. 

IV. 

John Peirce aged about Seventy four years, Testifies and says that 
about the year of our Lord 1722 the Indian War breaking out at the 
Eastward, this Deponant went with a Vessell and a Number of People 
to the Eastward and Brought from thence his Father Richard Peirce 
and Family from a place called Muscongus, where this Deponents [s"^ ^] 
Father and Family then lived that this Deponent there saw Samuel 
Annis who then lived at a place called Bound pond, that the &^ Annis 
came on Board this Deponents vessell, that this Deponent asked s.^ 
Annis to bring his Family and Effects on board and Come away for 
fear of the Indians, That the ef Annis declined and said he would go 
some other way ; That this Deponent Came away & left s^ Annis at 
Round pond This Deponent further Testifies that he knew Hezekiah 
Eggleston now of Bristol in the County of Lincoln and that he is the 
reputed son of Hezekiah Eggleston late of Marblehead dec!* by Sarah 
his Wife, both of whom this Deponent knew, that the said Sarah was 
the reputed Daughter of Samuel Martin, late of Marblehead decf by 
Elizabeth his Wife, Both of whom this Deponent knew; that the s? 
Elizabeth was the Only reputed sister of Francis Fullford late of 
Marblehead whom this Deponent also knew : that the said Elizabeth Sc 
Francis were the only reputed Children of Richard Fullford formerly 
of a place called Round pond in the Eastern part of This Province, By 
his Wife Elizabeth: That the said Elizabeth was the only reputed 
Daughter of Richard Peirce formerly of a place called Muscongus in 
the Eastern Part of this Province, who was the Deponents reputed 
Grandfather. John Peakce 

Essex ss., Marblehead, deposition taken 15 August) 1768, before W^ 
Bourn, J. Pads 

A true Copy Examined by 

JoN^ Bowman Cler.^ 

1 Interlined in the original. « Suffolk Court Files, dcccxci. 139413: 42. 



1903.] LAND CONTBOVEBSIES IN MAINE. 109 



John Pearce of Marblehead in the County of Essex aged about sev- 
enty six years testifieth & s^ith, that he claims Lands at a place called 
Miscongus in the Township of Bristol in the County of Lincoln by Heir- 
ship under his Grand Father Richard Peirce That he knows Thomas 
Bodkin of Boston in the County of Suffolk and has heard that he Bodkin 
was in Gaol in Salem in the County of Essex about twenty years ago, 
but does not know whether said Bodkin swore out of Goal or not. That 
about the year A. D. 1737 he the Deponent was at round Pond so called 
in said Bristol & saw one James Bayly there who told the Deponent 
that he lived there with his Family 

Quest Are you any ways interested in Lands 
at round pond under Richard Fulforth 
Answer — I am not. 

Quest, how was Samuel Annis settled on the } John Pearce 
Land at round Pond — Answer — when I 
was there he told me he was settled there by 
Samuel Martin June 28, 1770 

Essex ss., deposition taken 28 June, 1770 before Isaac Mansfield 
Justic ad Pacem &c.^ 

VI. 

The Deposition of Jeremiah Smith of Milton in the County of Suffolk 
aged about 62 years Testifyeth and Saith, That about the Years 1730 
or 1731 when Coll David Dunbar began a Settlement at Pemmaquid 
I and others were employed by a Number of Gentlemen to go to the 
Eastern parts of this Province; We went Northeast of a Place called 
Round Pond some Miles, at a place called Smelt-Cove, the said Gentle- 
men I went with had engaged to take Lotts under Coll David Dunbar ; 
I first went & work*d at said Smelt-Cove ; a few weeks after my going 
down into those parts I took a Lott for my Self at Round pond adjoyn- 
ing thereto ; I lived there about two years or more & planted an Orchard. 
When the News came that His Majesty had Yeilded up the Land (said 
Dunbar proposed to Settle) to the Proprietors of said Land, and gave 
to said Dunbar the Government of the Province of New hampshire, I 
the Declarant found that I was disappointed of my Expectation of a 
Lott under said Dunbar, then I made Enquiry who to purchase said 
Land from, and I was informed that M' Shem Drowne & Partners 
claimed the Lands at Round Pond accordingly I went to Boston and 

1 Suffolk Court Files, dccozci. 139413: 41. 



110 THE COLONIAL SOCIETY OF MASSACHUSETTS. [Feb. 

applyed myself to said Shem Drowne, <& he told me, Major Savage was 
concerned in said Lands, on tliat I went to Major Savage & he told* 
me, that Cap' Phillips of Charlestown was a part Owner with them, and 
I went to said Phillips, and by them all I anderstood that the Lands 
claimed by them were not yet divided, and they could not so well sell 
any particular Lott till their Tract of Land was divided ; I was urged by 
all the last above named Gentlemen to continue at Round Pond on the 
Lott I had taken up under said Dunbar, and when they Divided their 
Interest I should be encouraged and have the said Lott I made Choice of 
at round pond aforesaid at a Moderate Price. But I did not choose to 
live at this uncertainty & I moved my [Family] from Round Pond to 
Boston : and when I left Round Pond, I left one James Bailey, who 
had lived at Round Pond sometime, with his Family, in the house I 
lived in ; and the Declarant at that time never knew or heard of the 
name of Thomas Bodkin, and am well assured no such man of that 
name lived any whare near round Pond aforesaid. The Declarant in the 
Year 1768 being desired by M' Joseph Henshaw to give his Evidence, 
and he then understood by the Questions asked him, that they respected 
the Right of one Martin and Fulford, those men I never knew, but to 
the best of my Remembrance I heard one Morse say something about 
said Fulford & Martins claiming Lands to the Eastward. As I am now 
called upon to give Evidence in the same Cases now depending, if there 
should happen any Material difference it must arise from my not well 
understanding the meaning of the Questions putt to me, but on the best 
Recollection I have now as far as my Memory will admitt, fully an- 
swered the Questions now putt to me according to Truth. 

Q. The Declarant being asked who the Gentlemen were that first em- 
ployed him to go to the Eastern parts? He answered. Mess? Johonnott, 
Job Lewis, Esq Sigourney Crompton & Pitts &c., to whom were laid out 
Lotts of two acres each under Coll : Dunbar. 

Q. The Question being Asked, what kind of building he built, when he 
first went down to Smelt-Cove ? he answered It was only a Camp, at 
which place he found a Quantity of Nails & Hinges. 

Q. He was asked. Whether the above Gentlemen told him they had 
bought Land of Richard Peirce, or did he know of said Right at that 
time ? he answered They Did not, nor did he know of said Right at that 
time, to his best Remembrance. 

Q. He was Asked Whether he knew of any particular Claim of Ful- 
ford & Martin to Land in those parts ? He answered He did not know, 
nor does he know at this Day. 

Jeremiah Smith. 

Boston May 25, 1769. 



1903.] LAND C0NTB0VEB8IES IK MAINE. Ill 

Suffolk 88. Bo8tx>n, deposition taken May 25, 1769 before Belcheb 
Notes Justice of Peaces 

vn. 

Mary Cowell aged about Sixty four Years, testifies and says that 
about Fifty Years ago, she this Deponent lived at a place called Mus- 
congus at the Eastward, about seven or Eight Years ; That while she 
lived there she knew Samuel Annis and his wife, who then lived at 
Round pond, on a Farm where the people then informed this Deponent 
old Rich? Fullf ord formerly lived ; that she This Deponent nursed si 
Annis's Wife in Child Bed at Round pond and was knowing to their 
Circumstances and Affairs and that s^ Annis was sent and settled on 
s? Farm at Round pond by Samuel Martin. This Deponent further 
Testifies and says that the Land at Round pond and Thereabouts belonged 
to s^ Fullford's Children as This Deponent always understood from the 
People who then lived their ; and that one of said Children was Wife to 
8^ Martin, that in the summer season this Deponent with William Hilton 
Rich"? Feirce and Samuel Annis and their Familys used to go over to 
Monhegan Island for fear of the Indians and return back again in the 
Fall, that the sf Samuel Martins used to make Fish likewise on Monhe- 
gan Island On Account of the Indians. This Deponent further Testifys, 
that she does not remember any other Family than the above, living 
near there at That Time ; That the Lands at Round [pond '] and Mus- 
congus were said to belong to the Families of Fullford and Peii*ce and 
no other person ever Claimed any of Those Lands at that Time as she 
ever heard of. This Deponent further Testifies that at that Time there 
were a Number of Cleared Farms at Round pond and New Harbour, 
whre old settlers had lived, and that the people then living there used 
to Cut Grass on s^ Farms, and further this Deponent saith not. 

Maby Cowell 

Suffolk ss. Boston Auguat 10* 1768,* I 

VIII. 

I Robert Sproul of Bristol in the County of Lincoln aged about Forty 
six years testify and say that about the year 1735 I went to Live at 
Pemaquid from that Time to this have lived there except the Indian 
Warrs. That three or four years before Louisbourg was taken the first 

^ Suffolk Court Files, dcccxxii. 139469 : 32. 

' Interlined. 

• Suffolk Court Files, dcocxcilL 189532 : 37. 



112 THE COLONIAL SOCIETY OP MASSACHUSETTS. [Feb. 

Time ^ one Nathaniel Bull lived at the Southwesterly part of BonndpoDd 
in a house which stood in a field which John Randal now posseses and 
improves, how long he had then Lived there I know not, but it was then 
the generall Reputation that he was a Tenant there under Thomas Rod- 
kin. I further declare that Three or four years at least before Louis- 
bourg was taken Hugh Boyd lived at said Roundpond & to the best of 
my knowledge & remembrance twas in the year 1742. he came to Live 
there and he came in the Spring of the year and am personally knowing 
and Certain that John MfFarland built a house there for Thomas Bodkin 
now of Boston sometime in Fall before the year 1742. to my best 
remembrance as I saw him to Work on it and heard him and said Bodkin 
agree and make a Bargain about building it, s"? Bodkin being then at 
the Eastward at Roundpond or Pemaquid and 'twas in the same year in 
which I Built a house at s^ Roundpond for Isaac Little Esq. and Hugh 
Boyd I am certain was put into s^ House built by s^ MfFarland for si 
Bodkin as Tenant to said Bodkin and Lived there severall years after 
till, drove off by the Warr and then he went to Pemaquid Fort and that 
his fences inclosed the place and said House stood in the Field where 
James Bailey since had a House and field and lived within four years 
past, (which house has been lately burnt as 'tis said) and said Boyd 
had 8 or t^n Acres, at Least fenced and under improvement there. I 
further declare that the house I Built for s^ Isaac Little was in the Field 
now possessed and improved by Simon Eliot, next to the Northeastward 
of si Boyds field and That at the same time one John Morril lived further 
to the Northeastward of said Pond, his house was on the Land and 
within what.is now or lately has been inclosed, possessed and Improved 
by James Yeates, I further declare that about the Time Louisbourg was 
delivered up to the French si Bodkin removed himself and Family into 
the house that Hugh Boyd Lived in at round pond, and lived there 
severall Years till the Last War drove him off into Pemaquid Fort and 
he was severall Times there while Bull and Boyd lived there and when 
si Bodkins was drove off by the Indians he left •his Cattle and Horses 
there, and further saith not. 

Robert Sproul 

I further say that I know a Hill called pancake hill which has gone 
By that name eversince I knew it viz above Twenty years, it ly's about 
half way between Pemaquid Falls and Roundpond. I also know a place 
called miscongus and Miscongus falls or Brook and that my Father 
help*d build a house a little to the Northeastward of si Miscongus falls, 

1 1745. 



1903.] LAND CONTEOVERSIBS IN MAINE. 118 

for one Rich."* Feirce, and the Land to the Northeastward of b? Falls it 
is commonly called Miscongas and by general Reputation did belong to 
the Family of the Peirces. 

Robert Spboul 

I Further say that when sf* Bodkins put Boyd on his place as afore- 
said he bought a Stock of Cattle of Joseph & Clement Orr and paid for 
them with half a Sloop of Sixty Tons or upwards which he had itsed 
before to Carry provisions in to roundpond, & put said Cattle on 

8? Farm. 

Robert Sproul. 
Sworn in Cbxxrt 

Att JoN^ Bowman Cler 

It is agreed by both parties that this Deposition be uaed in all the 
Cases wherein Thomas Bodkin is Pit. against James Bailey John 
Randall, James Yeates and Simon Eliott, at the Superior Court aa 
though taken particularly for each case. 

Att JoN^ Bowman Cler 
A true Copy 

Exam? by Jon^ Bowman Cler ^ 

IX. 

John Cock aged about Seventy Eight years declares and Says that he 
was born at the Eastward parts of New England on the Eastern Side 
of Kennebeck River and Lived there till he was driven away by the 
Indians about the year [176^ 1676 that while he Lived there he 
very well knew a Man Called M' Elbridge but does not well remember 
his Christian Name but he was a Small man in Statue that Said Elbridge 
Lived at Pemaquid and was accounted one of the principal Men in those 
pai*ts, and that he has often Seen S*? Elbridge at his Fathers House he 
also well remembers that Richard Paddishall who used the Coasting 
Trade, had an Island on S^ Kennebeck River, on which Island he lived 
for many years, & his Father before him, which Island was Called 
Paddishalls Island, and that he never heard S? Paddishall Laid any 
Claim or pretended any Right to Damiscove Island till Since the Last 
Indian War that he well Remembers that one Trick, one Hunniwell, and 
Soward, and Richard Reading lived on S^ Damiscove Island and had 
been old Settlers there, and that about Sixty years ago The Declarant 

^ Saffolk Court Files, Cumberland and Lincoln, July, 1770, dccczci. 
139413:62. 

' Cancelled in the original. 



114 THE COLONIAL SOCIBTY OP MASSACHUSETTS. [Feb. 

went a fishing from S^ Island and well remembers that there were Seven 
fishing boats that Continually used S"* place, and that he never heard 
that any of the aforesaid Persons Ever pretended any Right thereto but 
only used it as a fishing place which they Esteemed free for any person, 
that he never knew nor heard that the afore'?' Richard Pattishall Ever 
Lived on S? Damiscove Island, but he well remembers that the afores? 
Richard Pattishall Carryed his family from S"* Island in Kennebeck 
[River ^] to pemaquid, where he was killed as afterwards he heard^ & 
further [saith not ^] 
BoBTON Sepi 18=1786. hit 

John X Cock 
mark 

Suffolk ss Boston Sepy 18 : 1736 — John Cock appearing made Oath to 
the [trut ^ truth of the above declaration by him Subscribed Taken in 
perpetuam rei memoriam 

Before Samuel Checklet ) Justice pacts 
W** Ttleb, ) Quorum unus 

lEndorsed] 

John Cocks deposition — 

-—in perpetuam — 

1786.» 

X. 

Tabitha Sergeant aged about sixty years. Testifies and says that 
about Twenty Eight or Thirty years ago Nathaniel Bull, then her hus- 
band, but now deceased, with herself and five children, were sent by 
Thomas Bodkin of Marblehead Brewer to the Eastward, to Live on a 
farm of said Bodkin at a place Called Round pond. This Deponent 
further Testifies and says, that the Land at and about Round pond, was 
always said to belong, to the said Fullfords Children, and that the Lands 
at Muscongus, belonged to the Peirces. This Deponent further Testi- 
fies and says that she with her Husband and Children Lived there about 
Eight or Ten years and that about Twenty Years ago, as near as this 
Deponent can Remember, her said Husband Nathaniel Bull was Killed 
by the Indians with twelve or fourteen other people. This Deponent 
further Testifies and says, That Mf Hugh Boyd at that Time was another 
Tenant of s"*. Bodkin's and lived in a house s'^ Bodkin built for him, on 
the Old Farm where s? Fullford formerly lived and that John Morrill 

^ Interlined in the original. 
' Cancelled in the ori^nal. 
* Suffolk Court Files, dcocxciii. 189498: 29. 



1903.] LAND GONTBOVEBSIES IN MAINE. 115 

Lived toward the Northerly End of the pond, and soon after our going 
there sold his Stock and Improvements to s"* Bodkin, and went away. 
This Deponent further Testifies and says that James Yeates did not 
Live at Round pond, or Mascongus, when this Deponent went to Live 
at Bound pond, & further saith not 

her 
Tabitha r Sergeant 
mark 

Suffolk ss. Boston October 231 1767 The within Mentioned Tabitha 
Sei^eant made Solemn Oath, that the within written Deposition by her 
Signed, was the Truth, The whole Truth and nothing but the Truth, 
taken in perpetuam Rei memoriam at the Desire of M'. Joseph Henshaw 

of Boston 

Before us Samuel Wells > Justices of the Peace 
John Hill > Quorum Umis 

Septemr "i A True Coppy from the originall Deposition 
1*! 1768 ) now on file in the Secretarys Oflace. 

Attest Jn® Cotton D Secfry 
A true Copy Examined by 

JoN^ Bowman Cler * 
XI. 

Thomas Drowne aged near fifty five Tears made solemn Oath that he 
was present and [see ^J did see James Bayley duely execute this lease 
(annexed) at the time the same bears date & that he with James Fitson 
Junf I since deceased | subscribed their names as witnesses thereof at 
the Same time before mentioned & that he the said Thomas wrote the 
said Lease 

Thomas Drowne 
Suffolk ss Boston August 1, 1770. The said Thomas 
Drowne made Oath to the above written afiSdavit 

taken to perpetuate the memory of the thing before 
Ri Dana Just of the Peace S oftlie Quorum. 
Belcher Notes • Justice o' peace 

1 Suffolk Court Files, dcccxci. 139413 : 48. > Cancelled in the original.^ 
* Belcher Xoyes, son of Oliver and Anne (Belcher) Noyes, was born in 
Boston 10 October, 1709, graduated at Harvard College in 1727, held a com- 
mission of the Peace and Quorum, married Ann Williams 3 March, 1736, and 
died in Boston in November, 1785, aged 76. His widow died in Boston 3 April, 
1790, aged 82. Mr. Noyes's mother was a sister of Governor Belcher (Boston 
Record Commissioners' Reports, zxiv. 63, zxviii. 5, 198 ; Boston Town Record 
of Deaths; Paige's History of Cambridge, p. 486; Whitmore's Massachusetts 
CivU List, pp. 129, 130, 131). 



116 THE COLONIAL SOCIETY OP MASSACHUSETTS. [Feb. 

A true copy of the Original lease and AfSdavit d^ Mr Drowne by 
Order of Court 
31 Sep5 1771 Att' Nat Hatch Cler^ 

xn. 

To all People To whom these presents shall Come I Francis Fulforth 
of Marblehead in the County of Essex Fisherman, send Greeting. 

Know ye, That I, the said Francis Fulforth, for and in Consideration 
of the sum of One hundred Pounds in Money to me in hand at and be- 
fore the Ensealing and Delivery hereof, paid by Thomas Bodkin of 
Marblehead. Brewer The Receipt whereof I do hereby acknowledge, 
and for divers other good Causes and Considerations, me hereunto mov- 
ing have remised, Released, sold, and for ever quit Claimed and by 
these presents, for myself and my heirs, do remise, release, sell, and 
for ever Quit Claim unto the said Thomas Bodkin, and to his heirs, and 
Assigns forever. All that my Lands Scituate lying & being in the 
County of York in the Eastern parts of this Province saving what I 
have already sold to Isaac Little Esq. which desended to me from my 
Father Rich ! Fulforth decl and my Mother Elizabeth Fulforth dec'! part 
of which Lands lyeth at Roundpond Part at New harbour, part at Mus- 
congus, and part on Hog Island, and part at Damariscotta, be the same 
Lands more or less in Quantity, or better or worse in Quality, &c To- 
gether with all the Estate, Right, Title Interest, use, Property Claim 
and Demand whatsoever, of me the said Francis Fulforth, which I now 
have or at any Time, heretofore had, of, in and to the aforementioned 
premises, with the appurces, or to any part thereof, or which at any Time 
heretofore has been held, used, Occupied, or enjoyed, as part or parcel 
of the same. To Have and to Hold all the afore gi*anted and .bargained 
premises, w^l* the Appurces, to him the s^l Thomas Bodkin, his heirs, 
and Assigns forever with the reversion and reversions, remainder and re- 
mainders thereof or any part or parcel thereof forever, So that neither I. 
the said Francis Fulforth, nor my Heirs, nor any other person or persons 
claiming from, by, or under me or them, or in the name, Right, or Stead 
of me or them, shall or will by any ways or means have. Claim, Clial- 
lenge, or Demand, any Estate, Right, Title, or Interest of, in, and to the 
aforesaid premises with the AppQrces, or any part or parcell thereof 
for ever: But I, The said Francis Fulforth do for myself my heirs, 
Executors, and administrators Covenant To and with the said Thomas 
Bodkin, his heirs and Assigns, the said granted and Released premiseSi 

1 Suffolk Court Files, dcccxciii : 139532 : 12. 



I 



Rsrr 



■^^ 



fo!K ft GjEO ^GEtbeSecood.b5^ the(3race ofGOD. 
ofCreat Britain, France and IrglandyKlNG, 
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|fe|^h|f^ m»iChe ifeif of our Lofd Jcrentmi Hi 

^ IttdMr^iS^^ '^ merrfM in ji lchtmf'^|tir fupptyiflg t pretended Want 
oft Mediiiifi b Ti^ bf fectifig up a Bank c4 Land S^cunty, the Stock of £xJi 
it/^ m bei nlsM by piftJidE Subfbnpdon fur kr^- Sun^ of Money, whereof fmiM 
SMs i»tre felm tim* » tune to be paid In by die partiailir ftlbfcnbeR and mm 
SHM^d bf Ivindon and odi9 DfBcefif ixid Dividetids *o be made i and i0bed jRjttU 
B ^Ued Muiu^tfkory Klb of Ibfefil Dcoonmtioni^ promiCng to cdcc them in alt Pty« 
^ Tiaik and Buflmfi, for fo much lawful MoncjJ at Jt* 54^^^^ o?^ ^/^^ ffus ba 
Oei£% a» wis menticfflni in lliB refpe^n fiill% and a^r cwcncy Yean to P^y ^^7^1^ 
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fa I tnd Arwudithe <ald^,i*„^^^ 4^_ gmng Cn5diE^jotfie|34d 

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Clfe provided^ feecttne chtrgeablc to the &id JJ i , *r*^i / L — ^ , for the turn 
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►on Demand, yet ihe fiud /ji^ /,^*;, ///^^v ^ ' - i hath not 
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1903.] A DORCHBSTEB RELIGIOUS SOCIETY. 117 

with the profits, priviledges, and AppCLrces thereto belonging, to the 
said, Thomas Bodkin his heirs and Assigns forever, to Warrant, secure 
and Defend against the Lawfull Claims and Demands of any person, or 
persons, claiming under me, or my heirs as aforesaid, forever by these 
presents. In Witness whereof the s*! Francis Fulforth, have hereunto 
set my hand and seal this sixth day of June anno Domini One Thousand 
Seven hundred and thirty nine and in the Twelfth year of his Majesty's 
Reign. 




Signed Sealed and Delivered \ signum ( fttal 

in presence of ) Francis X Fulforth 

John Bridges \ ^ — ^ 

Edward Bowers \ t^ * ^^ / \ 

) Eliz^ X Fulforth / a.«i i 

Mary Collins I I •^^ J 

Essex 88. June 11*** 1739. Personally appeared before me 
the within named Francis Fulford and 
owned this lustrum^ to be his free act and Deed. 

Coram Abr : Howard Just. Pads 

York ss. Receved Octo": 8* 1739 And Recorded 
with the Records for Deeds in si County. ' 
Lib? 21, Fol° 119, Attest. Jer. Moulton Beg: 
A true Copy Examin'd by Jon^ Bowman Cler.^ 

Mr. Andrew McFabland Davis exhibited a photographic 
copy of a unique form of Writ used in the Land Bank cases, 
the original of which is in the collection of papers restored by 
the Massachusetts Historical Society to the Suffolk Court Files. 

Mr. Albert Matthews exhibited a parchment containing 
the Articles and the names of the members of a " Society of 
Young Men mutually joining together in the Service of God," 
formed at Dorchester, Massachusetts, on the twenty-fifth of 
December, 1698. About three hundred and fifty names, 
many of them autograph signatures, are attached to the 
document. The Society apparently had no distinctive name, 
and, though it seems to have existed for nearly a century 

^ Suffolk Court Files, Cumberland and Lincoln, July, 1770, dcccxci. 139, 
413:13. 



118 THE COLONIAL SOCIETY OP MASSACHUSETTS. [Feb. 

and a half, there appear to be no allusions to it in the his- 
tories of Dorchester.^ 

Mr. Henry H. Edes read an extract from the Calendar 
of State Papers relating to a Petition to Cromwell in 1655 
from William Franklin, an early inhabitant of Ipswich, 
Newbury, and Boston. The petition states that in 1651 
Franklin set forth a small ship from Boston to Palm Island, 
that the master of the ship was surprised at Fayal by Prince 
Rupert, that the ship and lading were seized, and that the 
men were " captivated into slavery." It also states that in 
1653 goods sent to England to pay Franklin^s debts were 
taken by the Hollanders, and also his papers. The Petition 
was referred by Cromwell to the Council of State, which 
recommended that "some employment in the Custom House 
or in some other way suitable to his experience" be be- 
stowed upon Franklin.' 

Mr. Edes also communicated a letter written from Lib- 
erty,^ Virginia, by John Washington to Henry Bromfield, 

^ The parchment is owned by Mr. Charles J. Means of Boston, a son of the 
late Rev. James H. Means of Dorchester. The document will be printed in the 
New England Historical and Genealogical Register for January, 1906. 

* Calendar of State Papers, Colonial Series, 1574-1660, pp. 424-426. For 
references to William Franklin, who died in London in 1658, see Boston Rec- 
ord Commissioners' Reports, ii. 68, 79, 84, 86, 89, 97, 98, 99, 104, 105, 110, 115, 
117, 153, 165, 170, 181, 187, 210; Suffolk Deeds, iii. 290; Suffolk Probate Files, 
no. 188; Felt, History of Ipswich, p. 11; Coffin, History of Newbuiy, p. 302; 
Sava^, Genealogical Dictionary of New England, ii. 201. 

* The only town in Virginia at that time named Liberty was in Bedford 
County. It is now Bedford City. Mr. Stanard writes: 

I should say that the letter was certainly not written from Liberty, Bedford County, 
but from some farm named Liberty close to Leeds on the Rappahannock River in 
We8tmoreland County. If a lot in I^eeds was sold one day, it certainly could not have 
been known on the next day in Bedford County. 

Mr. Stanard's conjecture is doubtless correct, and perhaps the Liberty from 
which the letter in the text was written was identical with the Liberty Hall, 
Westmoreland County, whither John Augustine Washington addressed a 
letter dated 1 June, 1776 (see p. 269, below). It may be added that ^ Liberty 
Hall " was then a favorite name Id Virginia for an estate, as there were at that 
time no fewer than three estates so called : the Liberty Hall in Westmoreland 



1903.] LETTER OP JOHN WASHINGTON. 119 

Jr., of Boston, referring to some matrimonial events in 
the Washington family. John Washington ^ was a son of 
Robert^ and Sarah Washington, and a descendant of Law- 
rence Washington the immigrant, who was a brother of John 
Washington, the ancestor of George Washington. 

JOHN WASHINGTON TO HENRY BROMFIELD, JR. 

LiBBRTT Julj 2^ 1780 

Mt Dear Sir 

I am now seated to return you thanks, for your agree- 
able favor of the 25* of May, & am truly sorry for your Misfortunes, 
but perhaps, as you observe, they may be intended for some happy 
purpose, (as I make no doubt they are) & am certain they can never 
happen at a more fortunate period than in the early time of a mans life, 
when from calm reflection & the exercise of his reason, he is then able 
with, fortitude and resignation, to bear up under them, as I find my 
friend has done — & I hope he will never want that resolution necessary 
to convey him Cheerfully through all the precarious, & uncertain Vicis- 
situdes, that too often attend this life — & be assur'd that whatever 
situation of life you may be in, whither, fortunate, or unfortunate, 
I shall always be happy to hear from so worthy a friend, btU more ao,. 
to see him, as prosperity, can never constitute happiness, so neither can 
adversity make unhappy a Mind like yours ^ 

I have now the pleasure to inform you that my "Wife, the Girls, the* 
family, & myself are toUerably well but since you left us have been 
very II myself, my little son Tommy had very near lost his life from 

County, jost mentioned; a Liberty Hall in King William County, which 
belonged to the Claiborne family (Virginia Magazine, 1. 320) ; and a Liberty. 
Hall in Essex County, which belonged to the Gramett family (William and 
Mary College Quarterly, viii. 253). 

^ In 1782 John Washington owned twenty-eight slaves (Virginia Magazine, 
X. 235). His will was dated 3 July, 1785, and proved 26 June, 1787. He had 
at least seven children : (i) William Henry, (ii) Thomas Lund, (iii) Sarah, who 
married Bobert Harper, (iv) Robert Townshend, (v) Ix)uisa Ffossaker, (vi> 
John Territt, (vii) Mary Constantino. The executors of the will were Henry 
Washington, a nephew of the testator, and William Fitzhugh of Chatham, 
a grandfather of Mrs. Robert E. Lee. For this information about John 
Washington and his children, we are indebted to the courtesy of Mr. William 
G. Stanard of the Virginia Historical Society. 

* Robert Washington died 13 May, 1765 (William and Mary College Quar- 
terly, V. 200, 210). His will, Mr. Stanard writes, was proved 24 September, 1765« 



120 THE COLONIAL SOCIETY OF MASSACHUSETTS. [Feb. 

a fall out of the Cherry Tree, but is now getting well — nothing extraor- 
dinary in this Vicinity, has happ^ with respect to domestick Occur- 
rences since your departure, except that your Acquaintance M' T: 
HuDgerf^ ^ was marry'd a few days ago to Miss Nancy Washington,' 

Mr Robert Harper of Alexandria and my Daughter, Sally, I expect 
will be Marryed about the first of Sepf, & will settle in the Town of 
Leeds,* where he proposes to carry on the Mercantile Business. Col^ 
Jett,^ Mr Harper, another Gen! and myself have Joined in partnership 
each to put into stock, five, or Ten thousand pounds, under the direc- 
tion of Mr Harper, now shou'd it suit you, to become a partner with us, 
it wou'd give me particular satisfaction, we propose carrying on a snug 
Trade without any Risk — I think business may be done in Leeds, to as 
great advantage as any where, I have purchased one house & lot, & we 
shall I expect, at Col? Jetts store house on the water near the warehouse, 
make a fine Warf , on which we intend to build a large, Warehouse, for 
the Reception of Tob? Grain, Goods &c — your Acquaintance M' 
Holland ' wants to sell his house & lot in Leeds — the lot & house 
where your fr^ Mr Andrew Crawford • lives, was sold yesterday & pur- 
chased by Mr Pou, a French Gen? I wish it may not brake poor Craw- 
fords heart, I had some thoughts of buying them myself, & did bid, but 
upon reflection thought it Cheeper, & more Convenient to purchase the 
lot upon the Bank near the Warehouse 

^ Perhaps the Thomas Hungerford who in 1782 owned twelve slaves 
(Virginia Magazine, z. 231). 

* Four lines have here been crossed ont. 

* The present Leedstown, on the Rappahannock River, Westmoreland 
County, Virginia. In his Old Churches, Ministers and Families of Virginia, 
Bishop Meade writes : 

Leeds was once a place of note in this part of Virginia. It was donbtless named, 
either by the Fairfaxes or Washingtons, after the town of Leeds, in Yorkshire, near 
.which both of their ancestral familieH lived. . . . For one thing it deserves to retain a 
lasting place in the history of the American Revolution. As Boston was the Northern, 
so Leeds may be called the Southern cradle of American Independence. This was the 
place where, with Richard Henry Lee as their leader, the patriots of Westmoreland 
met, before any and all others, to enter their protest against the incipient steps of 
English usurpation. At this place did they resolve to oppose the Stamp Act, nor allow 
any citizen of Westmoreland to deal in stamps (ii. 164). 

^ Perhaps the Thomas Jett who in 1782 was County-Lientenant of West- 
moreland, and who owned fifty-three slaves (Calendar of Virginia State Papers, 
iii. 252, 273, 330, 362, 365, 463 ; Virginia Magazine, x. 231). 

^ Perhaps the William Holland who in 1782 owned thirty-one slaves 
(Virginia Magazine, x. 231). 

* Perhaps the Andrew Crawford who in 1782 owned ten slaves {Ibid. 
X. 230). 



1003.] LETTBB OF JOHN WASHINGTON. 121 

No NewB but what I imagine y? have heard before this, I long mach 
to hear a confirmation of the arrival of the French Fleet/ — I shall be 
extremely glad to hear from you as soon as possible, yon did not say in 
yoar letter to me when you intended to see us, Certainly you will do us 
that favor, for be assured it wou'd give me the highest satisfaction, to 
see y? at Liberty — relye on it there kneeds no particular Season to call 
to mind the remembrance of so Valuable an Acquaintance, having no 
thing more to add I shall conclude with telling y*". I am Joind by my 
Wife & Daughters in Sincerely wishing y? every happiness this life can 
afford, Ss believe me to be with great regard 

Df Sir yf affec fr^ & Ob Serv* 

John Washington 
[^Addressed] 

Henry Bromfield. Ju! Esqf 
^ post Boston 

The Hon. Winthrop Murray Crane of Dalton and Mr. 
Thornton* Kirkland Lothrop of Boston were elected Resi- 
dent Members. 

^ The report was premature, as Rochambeau did not anchor in Newport 
Harbor, Rhode Island, until July twelfth (Narrative and Critical History of 
America, vi. 499). • 



122 THE COLONIAL SOCIETY OF MABSACHUSETTS. [March, 



MARCH MEETING, 1908. 

A Stated Meeting of the Society was held at No. 25 
-^^ Beacon Street, Boston, on Thursday, 26 March, 1903, 
at three o'clock in the afternoon, the President, Oeorge 
Lyman Kittredge, LL.D., in the chair. 

The Records of the last Stated Meeting were read and 
approved. 

The Corresponding Secretary reported that letters had 
been received from the Hon. Winthrop Murray Crane of 
Dalton and Mr. Thornton Kirkland Lothrop of Boston 
accepting Resident Membership. 

Mr. Charles K. Bolton read the following paper on an 
incident of the battle of the Brandywine. 

The morning of the eleventh of September, 1777, dawned hot 
and sultry, with a damp haze over the meadows which border 
Brandywine Creek. The American army under Washington lay 
in the fields on the northern bank of the stream, with woodland on 
the right and hills and cataracts to the left. Toward the woods 
and Birmingham Church, General Sullivan was stationed. Toward 
the left, Greneral Armstrong with a smaller force added strength to 
the natural barrier formed by the torrent In the centre, facing 
Chad's Ford, Wayne commanded the artillery, with Greene upon 
a rising slope at the rear. 

The British army lay to the south of the Brandywine. The 
Hessian troops under Knyphausen were face to face with General 
Wayne, with Chad's Ford between them. The plans of Wash- 
ington depended upon knowing the position of Cornwallis, who 
held the rest of the British army under his command. Early in 
the day there came a report that Cornwallis was marching eighteen 
miles up the southerly bank of the Brandywine, to cross the two 
forks beyond Birmingham Church and come down upon Sullivan. 



1903.] BATTLB OF THB BBANDYWIKE. 123 

If this could be ascertained to be true, Washington meant to cross 
the stream and defeat Knyphausen before Comwallis could come 
to his relief. But General Sullivan could not or did not get con- 
firmation of the report, the opportunity was lost, and the day wore 
on in uncertainty. 

Greneral Knyphausen kept the American artillery apprised of his 
presence across the ford. Between the clouds of smoke and dust, 
the tall hats and martial uniforms of the Hessians were visible to 
the gunners. Among the Americans were Captains Briant^ and 
Gridley,* the former of whom at least had more than once dis- 
tinguished himself before the eyes of Washington. They were 
part of a group of men who had met often at the White Horse 
Tavern in Boston,' a little south of the present Adams House. 
Major-General Lincoln of Hingham and Colonel John Crane, who 
lived in Tremont Street opposite the present HoUis Street, were 
of the number. Lincoln was at this time in the Saratoga cam- 
paign, while Colonel Crane was with Washington's army, com- 
manding the Third Continental Artillery. 

The first lieutenant of Captain Briant's company in the regi- 
ment was Joseph Andrews* of Hingham, whose father was a 
selectman of the town in 1777. Joseph was scarcely twenty. At 
the beginning of the year a call came for men for the army, and 
his mother, with foreboding of misfortune in her heart, begged 
him to remain with her. The excitement was great; reports of 
Burgoyne in upper New York and Howe in New Jersey made him 
eager to join in the struggle. In camp and afterward during the 
long weeks of pain and loneliness he often said : " My mother was 
sorry to let me come into the army." On the first of February 

^ David Briant became Captain-Lieutenant in the Third Continental Artil- 
lery 1 January, 1777, and Captain 10 May. He died 12 September, 1777. 

* John Gridley was Captain- Lieutenant of the Third Continental Artillery. 

* See these Publications, v. 283, 281. 

^ Lieut. Joseph Andrews was bom at Hingham 5 August, 1757. His father 
of the same name served the town as Selectman from 1775 to 1777, and as 
Treasurer in 1769. The soldier's brother Loring was one of the original pro- 
prietors of the Charleston (South Carolina) News and Courier; and a nephew of 
the soldier was Joseph Andrews, the Boston engraver. (Histoiy of the Town 
of Hingham, ii. 18.) According to Heitman's Historical Register, Andrews be- 
came First Lieutenant of the Third Continental Artillery 1 February, 1777, and 
died 22 November of the same year. 



124 THE COLONIAL SOOIBTY OF MASSACHUSETTS. [Marc^ 

Andrews received a commission as Lieutenant of artillery, and on 
the tenth of May David Briant was made Captain of the company. 

At last when word came to Washington that Comwallis had 
crossed the forks of the Brandy wine and was nearing Birmingham 
Church, Sullivan's men were wheeled about to meet them. Com- 
wallis's advantage over Sullivan soon became evident and Knyp- 
hausen gave the order to advance across Chad's Ford. When the 
Hessians, who led the British advance, had crossed the Brandy- 
wine they halted, changed their tall hats for heavy brass caps 
(which were carried by a loop on a button at the hip), and then 
pressed steadily over the field toward the hill. In the midst of the 
conflict Captain Briant fell mortally wounded, leaving Lieutenant 
Andrews in command of the company. It was a grim and bloody 
promotion, with the Hessians pressing toward him as they forced 
back the wavering ranks led by Sullivan. Wounded himself, the 
Lieutenant still kept to his guns. Lafayette was not far away^ 
and forty years after, he recalled the fight which Lieutenant 
Andrews made on that day. At last a bullet struck Andrews just 
above the knee ; as his men carried him back toward the rear he 
cried to the gunners : " My fellow soldiers, fight on, fight on, the 
day is ours ! " 

When Sullivan gave way, Comwallis came down upon Wayne 
and Armstrong who were compelled to retreat to avoid being sur- 
rounded, and the battle was lost. Through the following weeks, 
while Washington kept General Howe near Philadelphia that he 
might not go to the aid of Burgoyne, Joseph Andrews lay upon 
his bed at Trenton. 

General Lincoln had written from Boston to the family that 
their son and brother was wounded, and added : " I further say, 
I believe that all the wounded will recover, your son among the 
rest." News of the battle reached Boston on the twenty-second 
of September, and General Lincoln, who had come east, wrote on 
the twenty-fifth to the family. Later Captain John Gridley sent 
two letters. The first I give as it was penned, except to add 
marks of punctuation and the necessary capitals. It is addressed 
" To Joseph Andrews in Hingham to be left at M' D^ mortons in 
Boston at Sin of the black an white hors in faver of Capt Niles." ^ 

^ Diman or Dimond Morton was a brother of Perez Morton. Jeremiah Niles 
was Captaiu'Lieutenant of the Third Continental Artillery. 



1903.] LETTERS OF CAPTAIN JOHN GRIDLEr. 126 

Artillebt Park neb Philadelphia ISotku^ 3 1777 
SiK 

I have reeved a letter direted to your Son dated Sept 24. Your 

Son was wonded at brandewine battel. He was with me. He was 

wonded in the thye, letel above the knee, and was sent of[f] with the 

wonded So that I Could not Send you word how he was be for, my not 

being well. I Got liberty to go and see him, & I found him Sixty 

milles from Campt. When I Saw him he was so over joyed that he 

Could not Speek for sum time ; he Cried all the time that I was with 

him. I Staed with him half a day ; I was ablige to return to Campt. 

I ordered the Doctor to Furches every artical of life that he wanted ; and 

he has had a vielent fever with his wond and he is so bad that he Could 

not Wright to you. He desired me to wright to you. I Sent a Sergent 

to take Care of him. I hop in my next I shall informe you that he is 

better. Be for I went to see him I heard that he was ded, but when 

I found him he told me that he was so bad that he never expeted to 

goe abrode againe. I desired him to make him self easey, and with 

the blesing of God I left him. He praid that I would wright to you ; 

I promised that I would. 

P. S. he told me that he had ben so bad with the fever that he Could 
not be removed in the bed for twelve days, but his fever had left him. 
But his wond was very bad. 

I am yours John Gridley Capt of 
Artillery in the Park. 

Pray wright to me if you See this. 

The second letter follows : 

Camp nebr Phidelphia Noyem^ 25th 1777 
Sir 

I am Sory that T must inform you of the deth of your Son, So 

worthy a Brother Officer of mine. He was with me at the Battel of 

Brandeywine river. He was wonded the II of Sept. ; tho I mus escape 

he must fall. Tho he was wonded he Spoke to the men these words 

befor he left the field: my felow Soldiers fight on, fight on, the day is 

ours ! And he left the field. I have lost levi Bicknel ^ that; died of the 

same wond in his knee, and two more men that was wonded in the knee 

the same as your Son. He often told me that his mother was sorry to 

* Levi Bicknell of Weymouth served in Capt. Joseph Trufant's Independent 
Company in 1775, and in Col. Crane's Regiment in 1777. In September of 
that year he was reported killed. 



126 THE COLONIAL SOCIETY OP MASSACHUSETTS. [MARCH, 

let him Cum into this army, but for all [that] he Bled and died for his 
Country, tho a worthy Officer. When I was to se him at Trinton, where 
he lay upon his bed, he Said to me: Are we like to git the day? I told 
him we whare and he Said that [was] all he wanted, but dont for git to 
wrigbt to my farther an mother an brothers an sisters. Let them know 
that I have fought for them an for the genraticion [generation] that is to 
Cum. 

This morning I recvied a letter by my sargent ho I Sent to take Care 
of him after he was wonded. The Sergent brot me this dolful news of 
his deth. In my letter from the doctor was these words: This will 
informe you of tiie death of your friend Lieut Andrews on the morning 
of the 22** In8^ ; he Suffred much during the Course of his illness but 
bore all with Amazing fortitude and Grate resolution. You may assure 
your self and allso all his relations that he wanted for nothing that was 
requisited to make him as comfortibel as PosibelL The family wheare 
he lay whare kinde to him in the highest degree, affording him every 
assistince, nursing him as tenderly as if he had been their dearest 
relation. 

These words the doctor wright to me Capt Gridley Sir his Effects is 
at this house I think it would be proper for you to Cum and take them 
away, the nurse that tended him expects Sum Present you will [be] 
abel to Judge of its propriety by being on the Spot Deer Sir I will 
do all for you that lays in my power. It is forty or fifty miles from 
hear (turn over leaf e) 

Sir if you will let me have his Sword to rember him by I will pay 
you for it, for he was as [a] brother to me, and I loved him as if he had 
ben my one brother. 

Pray Sir wright for what things that you would have of his Sent to 
you and I will Send them and the rest I would sd them to vandeu for 
thay will fech a Grate price hear and I will Send you the money for 
them this winter for I expect to Cum hom to Boston and I will Cum 
and See you. Pray wright to me what you would have don with his 
Cloths and I will do it for you. Thair is a post that Cums for this regt 
he will be in boston a bout three weeks hence ; his name is moiison. 
If you will go to dimon Mortons at Boston he will tel you about him, 
not havin tiftie to wright more ; and I will wright by the Post and he 
will leave it at morttons. 

I am your humbel Sarvent 

John Gridley Capt of Artillery "^ 

^ The originals of these letters are in the Brookline Public Library. 



1903.] INDIAN ATTACK ON SAGO AND GAPE PORPOISE. 127 

Colonel John Crane wrote from Camp Valley Forge, Penn- 
sylvania, 28 January, 1778, that Andrews was "a brave ofi&cer 
and the promising good soldier," and that he "was buried in a 
very decent and Respectable manner/' 

On behaM of Mr. Edmund M. Wheelwright, Mr. Henry 
W. Cunningham communicated a contemporary copy of a 
letter written from Wells 25 April, 1689, relating to an 
Indian attack on Saco and Cape Porpoise. The letter 
follows : 

Wblls; 25'.!; Aprill 1689 

May it plese your Hon? wee haue receiaed certain iDformation that 
y* 2-^ * of this Instant being Lords day, the Indians ; suposed to be 
eight or ten ; sundry of them well known to y* inhabitance of Saco came 
upon said town, surprising y* people, in their houses: wounded to 
y^ number of fiue or six, burnt two houses, with all the goods y* owners 
with great difficulty escapeing : y next day they came to Cape-Porpus 
burnt a house begun to be Garrisoned, belonging to Nicho^* Moorey 
slew one young man: uiz: John Barrett (whose father and two 
Brothers, were killed by sum Indians as is supposed, y* last fall) took 
y^ slain mans horse and another out of a pasture and rode about tri- 
umphantly in niew of y® desolate Inhabitance : who for their safty) 
were forced to forsake y* Terra firma. or main, and to betake them- 
selues to an Island : where is a Garrison, where they remained in a 
deplorable case, and are subject to staruing, or murder, or both if 



^ The blotting of the second figure unfortunately makes the date unde- 
cipherable. The Andros government was overturned on Thursday, April 18th. 
Hence Sundays occurred in that month on the 7th, the 14th, and the 21st. 
Cotton Mather, writing about 1690, said: 

The salvages began to renew their hostilities at Saco falls, in the beginning of April, 
on a Lord's day morning, some while before the revolution (Magnalia, 1853, ii. 589, 590). 

Folsom, writing in 1837, said : 

In April, 1689, "the savages began to renew hostilities at Saco falls, on a Lord's day 
morning," says Mather; but no lives appear to have been lost (History of Saco and 
Biddeford, p. 192). 

Later still, Willis wrote : 

In April, 1689, the Indians renewed their hostilities at Saco, bnt without doing much 
damage (1 Collections Maine Historical Society, L 291). 

The document in the text tells a somewhat different story. 



128 THE COLONIAL SOCIETY OP MASSACHUSETTS- [March, 

speedy saccor be not afforded, their cattle, it is to be feared, are 
mostly killed y** Indians shooting uery often in y* woods, y* certainty, 
of y* premises we reciae from two men, who went on purpose for infor- 
mation : of which we thought meet to giue your Hon", an account so 
leaning your Hon? to y* Protection of heauen, and y* sad case of y*" dis- 
tressed to your most serious compastionate thoughts, wee subscribe 
Your Hon? most humble seruants — 

Samcell Wheelwright 
To y* superior Power Richard Martyn 

now in being at Boston Francis Littlefeild 

with care and speed. John Wheelwright 

Nathan " Masters 
Jonathan Hahands 

Sam! Wheelwright &c. 
dated Wells Apr. 25, 1689, 
To the Executive at Boston, 
relative to Indians' attack 
on Saco. 

Mr. Henry, W. Cunningham spoke as follows : 

This letter appears to be an original record of one of the count- 
less attacks of the Indians upon the outlying settlements of early 
New England. The slender thread of pioneer towns that stretched 
along the coast and on the banks of the rivers to the east and 
north of the mouth of the Merrimac, was constantly open to 
attacks from the savages who still roamed in large numbers through 
the forests behind these towns. Though the settlers were ever on 
the alert and many of the towns had their little garrisons, these 
savage forays came so quietly and so quickly that a tragedy was 
enacted and the Indians were gone almost before an alarm could 
be given. 

During the few years preceding the writing of this letter, affairs 
had reached such a pass that no one dared to accept a grant of land 
or a mill privilege at any distance from the centre of the town, upon 
the usual condition of settling upon it within two years. Shortly 
before, some Indians had been captured and sent as prisoners to 
Boston, but Andros upon his return from New York had set them 
at liberty. 

In his paper on A Frontier Family, read before this Society in 



1903.] INDIAN ATTACK ON SACO AND CAPE PORPOISE, 129 

May, 1894,^ Mr. Wheelwright told many tales of hardship and 
su£Feiing that befell the Wheelwright family and other early set- 
tlers at Wells, and in that paper communicated other letters of a 
similar impoi-t to this one. Some of the letters were addressed to 
Major Charles Frost at Portsmouth, who was commander of the 
military forces in Maine ; but this letter is of importance from the 
facts that it is addressed to the unknown new rulers at Boston and 
that it was signed by the principal men of Wells, then a shire town 
and the seat of the Court. 

Of the signers, Samuel and John Wheelwright, respectively the 
son and grandson of the Rev. John Wheelwright, are too well 
known to need comment. Jonathan Hammond (or Hamands, as he 
spells it) was the oldest son of William Hammond, an early and 
prominent settler who is said to have died in 1702 at the great age 
of one hundred and five.' Jonathan reached the allotted age of 
man, but his fear of the Indians was fully justified, as he was later 
killed by them and scalped. He with William Frost had in 1682. 
received a grant of two hundred acres of land on the west side of 
Little River, with the privilege of building a saw mill, which was. 
erected the next year.* 

Francis Littlefield and his father Edmund were both early settlers- 
at Wells and prominent in its affairs, and Francis had received an 
additional grant of one hundred acres of land only three years before 
this time.* 

Nathaniel Masters was probably a son or a grandson of John: 
Masters, who was admitted a freeman at Watertown in 1631 and 
died in 1639, and may himself have been of Beverly in 1659.^ 

Richard Martyn was the son of Richard Martyn of Portsmouth,, 
New Hampshire, one of the founders of the church there and a. 
leading man in the Province. He was bom 10 January, 1660, and 
took his degree of A.B. at Harvard College in 1680, his name 
standing at the head of a rather distinguished list of five members.^ 

1 Publications, i. 271-303. 

* New England Historical and Grenealogical Register, iz. 312. 

* Boame, History of Wells and Kennebunk, p. 187; 1 Collections Maine; 
Historical Society, i. 269. 

^ Boame, History of Wells and Eennebunk, p. 187. 

* New England Historical and Grenealogical Register, ii. 180 ; Bond, Grene? 
alogies of Watertown, i. 864 ; Pope, Pioneers of Massachusetts, p. 805. 

* Sibley, Harvard Graduates, iii. 179. 

9 



130 THE COLONIAL SOCIETY OP MASSACHUSETTS. [March, 

Among these were John Leverett, afterwards Fellow and President, 
William Brattle, later Fellow and Treasurer, and Percival Green, 
the story of whose connection with the famous turkey supper at 
Harvard in 1672 was told us by Mr. Noble in April, 1897.^ Rich- 
ard Martyn was settled as minister at Wells in accordance with the 
town vote of 21 June, 1689: 

The town agreed with Richard Marten, who was then living in Wells, 
in the capacity of a school-master, to become their minister.'^ 

They voted him the use of the parsonage and a yearly salary of 
fifty pounds to be paid in specific articles. Though he thus became 
the minister of Wells, he was never regularly ordained, and for that 
reason his name never appeared in italics in the Harvard Triennial 
Catalogues. He died of the smallpox at Portsmouth on the sixth 
of December, 1690. 

The two John Barretts, father and son, and Nicholas Moorey, 
who are mentioned in the letter, one as having been killed by the 
Indians in this attack, were all early inhabitants of Wells or its 
vicinity, and in 1684 had received grants of land on the Little and 
Mousam Rivers.® 

The address of this letter, " To y* superior Power now in being 
at Boston," has a peculiar significance, as the Andros government 
was overthrown just seven days before the date of the letter, and 
the writers were uncertain to whom to address it. 

Mr. Henry H. Edes called attention to the fact that at 
least three of King William's letters of instruction to the 
authorities at Boston — dated 30 July, 12 and 15 August, 
1689 — were addressed in a similarly vague way, — namely, 
" To such as for the Time being take Care for preserving the 
Peace and Administring the Laws, in Our Colony of the 
Massachusetts Bay in New England in America." * 

Mr. Andrew McFarland Davis exhibited a photographic 
copy of a Resolve of the General Court in 1725, in the 

1 Publications, ill. 448-470. 

^ 1 Collections Maine Historical Society, i. 347. 

■ Bourne, History of Wells and Kennebunk, p. 187. 

^ Massachusetts Archives, General Court Records, tI. 89, 90, 91. 



^ • .. X- 



' \J A / 



. . - it 



• . \ 



1903.] LBTTEB OF JOSEPH PARKER, 131 

Chamberlain Collection in the Boston Public Library, printed 
in the form of an Executive Proclamation, upon the distress 
suffered by the ministers of the Province in consequence of 
" the great and growing difference in the value of the Bills 
of Credit," and calling upon the towns to take action for their 
relief. Mr. Davis also mentioned some new light that he had 
recently obtained on the subject of the Land Bank from an 
examination of the Boston Weekly Journal and the Boston 
Weekly Rehearsal for 1733. 

On behalf of Dr. Norton Folsom of Cambridge, a grand- 
son of the Rev. Joseph McKean, Mr. Edes presented to the 
Society an original Petition of Amy McKean, the widow of 
Dr. McKean, to the Massachusetts Legislature for leave to 
sell real estate in Cambridge. The Petition, dated Cam- 
bridge, 11 June, 1818, bears the endorsement of James 
Winthrop, Abiel Holmes, Thomas B. Gannett, Levi Hedge, 
and William Hilliard, and is accompanied by the draft of a 
Resolve to carry into effect the prayer of the petitioner. The 
Petition was not presented to the Legislature, but a similar 
one was sent to the Supreme Judicial Court, which granted 
a license for the sale of the property in the following autumn. 
The thanks of the Society were returned to Dr. Folsom for 
his acceptable gift. 

Mr. Edes communicated the following letter written in 
1648 or 1649 by Joseph Parker, one of the founders of 
Andover, Massachusetts, to the Rev. John Woodbridge,* the 
first minister of that town, after his return to England in 
1647. 

Respected S' you toald me when you was with us. that you did desire 
to buy my Land : I haue appointed my Vncle webb in case he doe not 
haue it himselfe to giue you the offer of it in the first place : and if you 

1 See Sarah L. Bailey, Historical Sketches of Andover, pp. 102, 103. 

* See Ibid, pp. 417-420; New England Historical and Genealogical Register, 
zxzii. 292; Proceedings of the American Antiquarian Society for October, 
1884, pp. 268-275, 286. 



132 THE OOLONIAL SOCIETY OF MASSACHUSETTS. [Mabch, 

please to buy it will be content to take pay in come or Cattle as indiffer- 
ent men shall ludge hear with us. and if you please to let me haue 10 
Akers of your f arme Land one the west sid of [torn]. 

I expected an Answer from you whether you dd my Letters the Last 
yeare : so^ with my Cind Loue vnto you and m' Beniamin * I end 

Yo' to Command 

Joseph Pabkeb 
And' in new england 
2 July* 164-* 

[Addressed] 

To the Reu^ 

m' lOHN WOODBRIDO 

of 

Andeu' 

[England] 

Mr. George Arthur Plimpton of New York was elected 
a Corresponding Member, 

^ The word *< desiring" has here been crossed out. 

* The Rev. Benjamin Woodbridge, a brother of the Rev. John Woodbridge, 
graduated at Harvard College in 1642. See Sibley, Harvard Graduates, i. 20- 
27 ; Bailey, Historical Sketches of Andover, pp. 89, 90. 

> The date " 26 " has been crossed out and '' 2 " substituted for it. 

« Presumably 1648 or 1649. 



1908.] GIFTS TO THB SOOIBTY. 183 



APRIL MEETING, 1908. 

A Stated Meeting of the Society was held at No. 25 
-^^ Beacon Street, Boston, on Thursday, 23 April, 1903, 
at three o'clock in the afternoon, Vice-President William 
Watson Goodwin, D.C.L., in the chair. 

The Records of the last Stated Meeting were read and 
approved. 

The Chair appointed the following Committees in antici- 
pation of the Annual Meeting : 

To nominate candidates for the several offices, — Messrs. 
James B. Ames, Thomas Minns and James A. Noyes. 

To examine the Treasurer's Accounts, — Messrs. Ezra R. 
Thayer and John G. Palfrey. 

The Corresponding Secretary reported that since the 
last meeting of the Society he had received a letter from Mr. 
George Arthur Plimpton of New York accepting Cor- 
responding Membership. 

The Treasurer reported that since the last meeting of 
the Society two gifts of money had been received, — one of 
One hundred dollars from the Hon. Horace Davis of San 
Francisco, a Corresponding Member, which had been added 
to the Publication Fund ; the other of Ten thousand dollars 
from the Executors of the estate of the late Robert Charles 
Billings. 

On the motion of Mr. John Noble, it was voted that 
the thanks of the Society be extended to Mr. Davis for his 
acceptable gift. 

The Treasurer offered the following Votes in the form 
submitted by Mr. Billings's Executors : 



134 THE COLONIAL SOCIETY OP MASSACHUSETTS. [April, 

Voted^ That The Colonial Society of Massachusetts gratefully accepts 
the gift of ten thousand dollars made to said Society by Thomas Minns 
and Joseph S. Kendall, surviving executors of the will of Robert Charles 
Billings, from the remainder of the estate distributed by them in accord- 
ance with the terms of said will and a decree of the Supreme Judicial 
Court of Massachusetts dated April 1, 1903. 

Voted^ That said Society also accepts the conditions of said gift mak- 
ing said sum a permanent fund of ten thousand dollars to be called the 
Robert Charles Billings Fund, the income only to be used for Publica- 
tions; and the Treasurer of said Society, Henry Herbert £des, is 
hereby authorized to receive and receipt for the same. 

After these Votes had been unanimously adopted, Mr. 
David R. Whitney offered the following Minute, which was 
also unanimously adopted ; 

The Colonial Society of Massachusetts wishes to record its apprecia- 
tion of the interest in its prosperity and work evinced by its associate 
Mr. Thomas Minns, in permitting it to share in the bounty of the late 
Robert Charles Billings, under whose last will he has faithfully served 
as an executor and almoner. With the exception of the late Presi- 
dent Wheelwright, no member of the Society has, as yet, contributed so 
much to its material welfare. This substantial addition to the endow- 
ment of the Society is timely and inspiring, and impels the members to 
offer to Mr. Minns this formal testimonial of their gratitude. 

On behalf of Dr. Horace Howard Furness, a Corres- 
ponding Member, Mr. Henry H. Edes communicated some 
letters written by James Martineau^ and James Russell 
Lowell to Dr. Furness's father, the Rev. Dr. William H. 
Furness. The letters follow. 

JAMES RUSSELL LOWELL TO WILLIAM HENRY FURNESS. 

Legacion 

De Los 
Est ADOS Unidos db Ambrioa 

En EspaRa 13 July, 1879. 

Particular 

Dear Doctor Furness, 

It was a very kind thought in you to give me an account 
of your visit to Emerson & of his actual condition, for I feared from 

1 For many letters written by Dr. Martineau to the Rev. Joseph H. Allen, 
see the Publications of this Society, vi. 417-454. 



1903.] LETTERS OF JAMES RUSSELL LOWELL. 135 

what I had heard that his mind as well as memory had begun to fail 
him. The tone of your letter, even more than what you say, convinces 
that he is at least happy, & happy from his own resources. This is as 
it should be, for he of all men deserves 

An old age serene and bright. 
And lovely as a Lapland night, 

& so I fancy him since your letter with one daylight bending over to 
kiss the other above his head. However, I cannot conceive him as an 
old man. I associate him always with things vernal <& in their prime, 
with the everlasting forces that know not decay, <& though by the com* 
mon doom his bodily presence must be taken from us ere long, there 
are few men of whom so much will be left living & giving life. I have 
never known a character on the whole so beautiful, so high above self^ 
(& BO kindly a mixture of strength & gentleness. How firmly he always 
held his own <& that without ever withstanding others but only the thing 
they represented. I have known a bit of scenery <& now & then a 
Cathedral to stamp itself on my memory as he did, but no other man 
& no other thing. I remember as if it were of yesterday the first time 
I ever walked with him <& the exquisite suavity of his demeanor towards 
me — a boy of nineteen <& very young of my age. It was to the 
" South-Cliff " (I think they called it) in Concord, a lovely summer day 
forty one years ago. What an other New England it was then to that 
we have now ! 

I sometimes think that it is not our own growing-old that is painful — 
if indeed we are altogether conscious of it — but that of those older 
than ourselves <& associated with the better memories of our prime. 
With every one of them we lose a bit of our youth which survived for 
us still in them, & at last find ourselves alone in an unfamiliar or even 
alienated landscape which they tell us is the same but from which all the 
old landmarks that made it dear to us are gone. Even the cutting-down 
of a long-known tree leaves a scar in the heart that aches in bad weather, 
but when the cava e huona imagine patema of such a man as Emerson 
is seen no more a gap is left between us & our past that nothing can 
ever fill. 

It rejoiced me to see in your handwriting that you at least may mock 
at calendars. And if, so you say, you are nearing eighty, it must be 
very jolly to be at once so old <& so young. I do not remember the year 
of your graduation,^ but you must in the nature of things be soon cele- 

^ The Rev. Dr. Furness was bom in Boston 20 April, 1802, graduated at 
Harvard Cdlege in 1820, and died in Philadelphia 80 January, 1896. 



136 THE COLONIAL SOCIETY OF MASSACHUSETTS. [ApRI^ 

brating yoar sixtieth anniversary. May I be there to see ! For I am 
sure that after all other reminiscences are exhausted I shall see yon 
proposing a dance round the tree to supple your joints a little after 
sitting so long. 

When your letter came I was passing through the most painful week 
of my life. My wife ^ (a very beautiful & noble woman) was at the 
very gates of death with typhus. Five days ago she was thought by 
the doctors to be actually dead — but revived as by a miracle & is 
now thank Grod getting slowly better. My mind is still somewhat con- 
fused with the horrors I have passed through & which I think I could 
hardly have endured but for the kindness & devotion of two of our 
Spanish friends here. Especially to Seiiora de Biaiio I think I owe the 
saving of what was so incalculably dear. 

Let me add my felicitations to those of your other friends that Old 
Age if Old Age it be that has such an elastic step finds you happy at 
the close of a life on every day of which you can look back with 
satisfaction. 

With great respect 

faithfully & cordially yours 

J. B. Lowell. 



JAMES RUSSELL LOWELL TO WILLIAM HENRT FURNESS. 

2, Radnor Place, 
Hydb Pabk, W. 
16th June, 1887. 
Dear Doctor Furness, 

I would gladly have done what you wish both on account 
of my high regard for you and for my own sake, but I could give no 
point-blank answer unless it were '^ no." There is no use in whistling 
for a wind on such occasions and one must brood awhile before he can 
be certain that it is the Muse or some less auspicious spirit that invites 
him. I came over here very weary and hoping for a summer of absolute 
rest. When one is approaching sixty-nine, one hasn't the courage of 
one's prime. The occasion ^ lends itself but grudgingly to lyricism and 

1 This was LoweU's second wife, Frances (Donlap) Lowell, who died 19 
February, 1886. 

^ The celebration of the centennial of the adoption of the Federal Constitn- 
tion. It was held in Philadelphia, 15-17 September, 1887. Dr. Furness was 
a member of the committee in charge of the arrangements for the exercises on 
the seventeen th, when an Address was delivered by President Cleveland and 
an Oration by Mr. Justice Miller of the Supreme Court of the United States. 



1903.] LETTERS OF JAMBS RUSSELL LOWELL. 137 

the fate of the Jubilee Odes here was not encoaraging to violent 
meth'ods with the Mase. Tennyson has run away to sea that he may 
ascape a second mischance. 

I had been meditating over the subject and gradually blocking out a 
framework in my mind that might sustain and give order to a fitting 
fabric of strophes. But I had not got so far as to know whether my 
thoughts would sing when your telegram came. Telegrams always 
scare me and yours upset me altogether. So with the best good-will 
in the world, I feel that it will be better all round if I withdraw from 
the enterprise. 

Mr. Lodge in writing to me speaks of a letter from your son Mr. 
Howard Furness. I have never had such a letter or I should have 
answered it 

With high and affectionate regard, 

faithfully yours, 

J. R. Lowell. 



JAMES RUSSELL LOWELL TO WILLIAM HENRT FURNESS. 

Elmwood, 
Cambridob, Mass. 
20^ Nov: 1889. 
Dear Doctor Furness, 

I also have a very high appreciation of Miss Repplier ^ & 
should be glad to see her. But you don't say when she is coming. 
Perhaps she might be good enough, considering my 'ears, as Dogberry 
says, to let me see her here when she comes Eastward. 

Send the sermon by all means — one of yours can't fail to do me 
good. It is a comfort to think of you as still active for good. 

Faithfully yours 
The Rkv^ D^ Furness. J. R. Lowell. 



JAMES MARTINEAU TO WILLIAM HENRY FURNESS. 

LivBBFOOL, Dec. 7.th 1886. 
Mt dear Sib, 

These lines will be presented to you by MI Henry Ames 

who, with Ms H. A., is about to spend some time in Philadelphia, and 

will find a residence there so much the more interesting, if you will per- 

Ix>weir8 letter, doubtless, was in reply to a request from Dr. Furness to write 
au Ode for the occasion. 

1 Miss Agnes Repplier, of Philadelphia. 



138 THE COLONIAL 80CIBTY OP MASSACHUSETTS. [April, 

mit them to enjoy the privilege of an acquaintance, personal and pastoral, 
with yourself and M?. Furness. Mr Ames was a fellow passenger of 
Harriet's,* when she went to visit your country ; and now, with the ready 
enterprise of the English merchant, which gives him a home as wide as 
his commerce, leaves us for another season. Mrr Ames is, if I recollect 
right, a member of one of our sound old Presbyterian families. 

M? Butler * arrived here well, but anxious about her child. We saw 
her two or three times during her short stay in Liverpool. I do not 
think that any thing serious ails her baby, but her agitated spirits on 
returning to her country under circumstances so changed disposed her 
to needless solicitude. She showed me the outside of your book.' This 
is a tantalization I cannot bear. You must send me the means of look- 
ing into the interior. May I send my own and wife's kind regards to 
M!! Furness? 

£ver yours with high esteem, 

James Mabtineau 
\AddreBBe6[\ 

RevP W. Furness, 
Philadelphia. 
Favored by 

Henrt Ames EsQf 



JAMES MARTINEAU TO WILLLAM HENRY FURNESS. 

South Eikraba, Atiemorb, 
Invkbnsss-shirb. 
July 10. 1873. 
My dear D" Furness, 

Your prompt and generous contributions to the wealth, as 
well as the accuracy, of my Hymn book, deserved an earlier acknowl- 
edgment. But till the vacation carried me off to the Scotch mountains, 
I struggled in vain with the more importunate claims which in London 
keep me in a state of permanent compunction about my correspondence. 
I do not know how to restrain within measure my thanks both for the 
hymns (of which I have used all but 2), and for the glorious Song on 
John Brown. All of them go to my heart : and the last is truly noble 

and magnificent in its simple power. I was also much obliged by your 

. — < — ^ 

* The writer's sister, Harriet Martineau. 

^ Mrs. Pierce Butler, better known as Fanny Eemble. See her Records of 
later Life (1882), i. 70-75. 

* Remarks on the Four Gospels (1836). 



1903.] LBTTEBS OF JAMES MABTINEAIT. 139 

son's kind offer to hunt up the original form of Peabody*8 hymn. But 
having taken it from the Springfield Collection, for which, I think, it 
was written, and tested it in various ways, I have no excuse, on the 
score of doubt, for imposing further trouble about it. There are how- 
ever a few obscurities, with regard to the literary history of American 
hymns, which I find it still difi9cult to clear up, notwithstanding the 
very valuable help I have received from M^ Samuel Longfellow. Among 
other things, I cannot make out the date of your hymn in the New York 
ColL beginning *' Father in heaven, to whom my heart.'* This doubtless 
you will kindly tell me. I think it must be 1824, Should you happen 
to know also the dates of any of the following, perhaps you would jot 
them down at the same time. 

Bk. of Hymns 
Tko* Gray "Suppliaut, lo! thy children bend" 15 

U, Ware " To prayer, to prayer " &c 2 

H. & Tune Bk 
Bryant " Mighty One, before whose face *' 726 

Pierp<mt « O God I I thank thee that the night " ^^'^^^ ^' 

" " Another day its course hath run " 872 

Sam^ GUman " This child we dedicate to thee " 877 

H. of the Spirit 

M"' WiUard " Rocked in the cradle of the deep '* 267 

H, M. Kimball " We have no tears thou wilt not dry ' 607 

N. P, Willis « The perfect world by Adam trod " Plym^ Coll. 938 
(What were Willis' Christian names f) 

The volume is now in the press: so that I hunger for all last scraps 
of information that may reduce its imperfections and fill up its lacunae. 

I had the great pleasure of just falling in with Df Sears ^ before I left 
town. I had long known and loved him through his writings : and it 
was delightful that the personal impression so absolutely harmonized 
with the imaginative prepossession. It needed not D^ Bellows's ^ affec- 
tionate introduction to give assurance of what he is. Though unable to 
occupy his position in theology, I wish I could feel more confidence that 
a different and more modern position is likely to reproduce such a spirit 
as his. Perhaps in a generation or two it may be so : but at present the 
saintly mind seems to be the attribute of the old theology. It is a 

^ The Rev. Dr. Edmund H. Sears of Weston, Massachusetts. 
* The Rev. Dr. Henry W. Bellows. He was a classmate of Dr. Sears at the 
Harvard Divinity School in 1837. 



140 THE COLONIAL SOCIETY OF MASSACHUSETTS. [April, 

pathetic lot that assigns some of us in feeling to the Past, and in 
thought to the Present 

Believe me ever, 

Yours very faithfully, 

James Mabtineau. 
Rev. D* Fubness. 

P. S. My address will be Jiere for some time to oome. 



JAMES 3£ABTINEAU TO WILLIAM HENRT FURNESS. 

10, Gordon Strbbt, 
London, W. C. 
Feb. 28, 1874. 
Mt dear D." Fcbness, 

That my Hymnbook should go so far towards satisfying 
your feeling is the best possible compensation for its falling short of my 
own. To acquiesce in imperfect works is one of the hardest lessons of 
life : yet without learning it, nothing is to be done. I could write half 
a dozen hostile criticisms on this book, all without real injustice : yet 
it has cost me my best pains, and perhaps improves suf9ciently on its 
predecessors to justify its appearance. 

I know the Hymn of Doddridge's which you cite, and like tbe feeling 
of it much. But I cannot get over the " Rivers of salvation " : and the 
"Tongue of feeble clay" sticks in my throat Moreover, the feminine 
character of Doddridge's mind, which touches many of his hymns with 
a delicate grace, here seems to me to vei*ge towards feebleness, and 
rather dangerously try the piety of strong men. 

Such a recognition of the Book as would be its adoption by your con- 
gregation is beyond aU my expectations. If however the idea should be 
seriously entertained, you could have any required number of copies, in the 
cloth binding of which you have a sample, at 3 shillings and 3 pence per 
copy, i. e. I suppose 78 cents : or, if you preferred to '* bind at home," 
in Sheets, at 2 shillings and 9 pence, or, I suppose, 66 cents, reckoned 
in specie. These are the prices to our English congregations. The 
Edition with Tunes will be not less, I fear, than double these prices. 
I am so much better pleased with a New York Presbyterian book ('*The 
Sacrifice of Praise ") than with any Music printing I can find here, that 
I have sent over to the Printers of it for an Estimate : so that I may 
possibly print in New York. But I am afraid that the range of prices 
is higher with you than with us at present, and that I may be unable 
to carry out this scheme. I quite hope that the Musical Edition will be 



1903.] LETTERS OF JAMES MABTINEAT7. 141 

brought oat within the year. It waits only for the harmonizing and 
transcribing of the tunes, a process which is rapidly advancing under 
the care of a small Comm^, consisting of my two sons,^ — both of 
whom^ happily for me, are scientific as well as executant musicians, — 
and my friend Rev. James Whitehead of Hackney, who .is one of our 
best authorities in regard to Church Music. They are all rigorous in 
their disapproval of adaptationsj picked out of Operas and Oratorios : 
so that the volume will consist wholly of pure Church Music : and as 
the range of exceptional nietres and special hymns is considerable, there 
will be a good number of original compositions, written for the words. 

In the first issued copies of the Hymnbook there appeared a few 
vexatious misprints, which did not exist in my Revises and are not in 
the electroplates, but which were introduced at the last by a care- 
less workman. Some of these you may probably have noticed. They 
are all corrected now, except 2 or 8 slight qnes affecting only the 
punctuation. 

Believe me ever, dear Dr Fumess, 

Yours very faithfully, 

James Martinbau. 

BeV*' D« FUEKBSS. 

Pardon this soiled page. To think that I should put a blot upon 
your name ! 



JAMES MARTINEAU TO WILLIAM HENRT FURNESS. 

10, Gordon Stbbbt, 
London, W. C. 
May 2a, 1874. 
My deab D? Furness, 

The favour with which your congregation regards the 
Hymns of ^'Praise and Prayer" is a heartfelt joy to me: and I shall 
make no protest against any treatment, in the way of excision or addi- 
tion, which you are likely to apply to it 

The price must be 2 shillings and 9 pence per copy in sheets. This 
is the rate for our congregations here : and it is fixed so as to be really 
below cost price, — at least, unless more than 20,000 copies are sold. 
My old Liverpool congregation is at present the only one where the 
book is in use. People wait for the musical and smaller editions : and, 
as my funds are limited, they unfortunately wait for some adequate sale 

^ Basil Martineau and Russell Martinean. 



142 THE COLONIAL SOCIETY OF MASSACHUSETTS. [April, 

of the present edition. Bat this waiting race shall not result in standing 
still. 

Eliza Scudder^ is, I think, a Washington lady: at all events she 
belongs to you. Her hymns are full of verve and nobleness : and 168 
is, I quite agree, especially fine. 

At the end of June, I shall be leaving London for my vacation retreat 
on Loch Long side in Argyllshire. Though I can give any orders about 
the Hymnbook by letter to my printers, it would be more satisfactory 
to me to see, personally, to the carrying of them out. Should you 
therefore be able to send me instructions before I leave home, better 
attention would be secured to them, than if they came in July, August, 
or September. 

I shall regard it as a true privilege, should I, through this volume, 
be associated with your day of congregational and personal Jubilee. 
" Fifty years Pastorate ! " it is a refreshing instance of conservative 
and enduring life in this age of restlessness. The world would move 
better, as I think, if its steps could be brought nearer to so dignified 
and faithful a measure of change. 

Believe me ever. 

Yours most truly, 
James Mabtxi^eau. 
Rev. W. H. Furness 



JAMES MARTINEAU TO WILLIAM HENRY FURNESS. 

10, GoBDON Street, 
London, W. C. 

Sep. 8, 1874. 
My dear D? Furness, 

I am sorry if the inopportune arrival of the Hymn 
books robbed you of one of your precious country days. Glad as I am 
to know of their safe delivery, there was no hurry about the Invoice : 
and I had rather have gone six months without my remittance than give 
you a needless hour in town. The too prompt Draft has duly reached 
me today. It is the first reimbursement of my outlay on the book : 
for, though the large Edition is for the most part sold, my Publishers 
will not account to me for anything till December, — perhaps not even 
till June next year. 

1 Eliza Scudder was born in 1821 and died in 1896. For a sketch of her, 
written by Horace E. Scudder, see her Hymns and Songs (1896), pp. xi-xxiii. 



1903.] LETTERS OF JAMES MABTINEATT. 148 

I caDDOt hope that bo lai^e a lot of books has altogether escaped 
the effects of carelessness on the part of the Binders. Should copies 
torn up here and there with misplaced or omitted sheets, I shall feel 
obliged by your keeping a register of their number; and perfect copies 
shall be sent in their place by the next opportunity. And as the book 
comes into use, I shall be thankful to be told of any slips or errors 
which you may notice on my part. Already there are a few corrections 
and additions (to names & dates) on my list, which will improve the 
next edition. These relate chiefly to the American Hymns ; on which, 
notwithstanding the friendly aid of Samuel Longfellow in addition to 
yours, I found it extremely difficult in the first instance, to obtain exact 
information. The publication of the book has brought out the com- 
munications which I could not elicit before. Mr Bryant ^ says, — and 
it pleases me to know it, — I have convinced him, — of what previously 
he did not admit, — that changes and differences in theology justify 
alterations in the text of hymns. This is a great and large-minded 
concession from a veteran poet of the most sensitive literary taste. 

Believe me ever. 

Yours very faithfully, 

James Martineau. 
Rev. D* Furness. 

Received, per Draft on Mess" Brown, Shipley & Co., in dis- 
charge of Hymn book Invoice, £83=4=10. James Martineau. 



JAMES MARTINEAU TO WILLIAM HENRY FURNESS. 

5, GoRDOK Strbst, 
London, W. C. 
June 14, 1876. 
Mt deak D* Furness, 

Toar promptitude in acknowledging the receipt of the 
Hymn-books shames me by its contrast with my Agents' delays. But 
if ^' airs well that ends well," it is better to say no more about the sins 
of the past, and simply to thank you for your kind remittance, and to 
hope that, with continued use and growing intimacy, the Tune-book 
will more & more commend itself to the feeling of your congregation and 
the critical judgment of the musical experts among them. 

I must not forget to thank you for your very interesting and admir- 
able paper in the Unitarian Review on the Religious application of the 

^ William Cullen Bryant. 



144 THB COLONIAL SOCIETY OF MASSACHUSETTS. [April, 

** Evolution " doctrine. I read it with delight and hearty assent, from 
beginning to end ; and with joyful wonder that your mind seems able 
to keep for ever young. And now you tell me that you are retiring 
from the field of active labour, and that your successor is already at 
work. I shall never be able to think of the Philadelphia pulpit as 
occupied by any one but W. H. Fumess. With him the brightest and 
noblest chapter in the history of American Unitarianlsm closes : and we 
descend from heroic & prophetic heights to the levels of business organi- 
zation and civic commonplace. No repose for declining years has ever 
been more thoroughly earned than yours: and I trust that it may 
enable you all the more effectively to speak to us at intervals through 
the press, as suggestive occasions may arise. 

Believe me ever, 

Yours very faithfully, 

James Mabtiii^u. 
Bev. W. H. Fubkess. 



JAMES MARTINEAn TO WILLIAM HENRT FURNESS. 

6, Gordon Street, 
London, W. C. 
Dec. 23, 1878. 
My dear D' Furness, 

In venturing to send you my recent Address, I did 
not mean to impose upon you even the task of reading it, — which, I 
know, is not a light one, — much less that of sending me so charming 
an answer to the presentation. I often lament the metaphysical habit 
which, — as my friend W. R. Greg * tells me, — spoils my style, and 
makes all that I write very stiff reading : but it is too late to mend. 
My own faith by no means requires me to sink deep in the scratiny 
of ultimate principles : I rest contentedly in the common trusts of the 
human soul, and seek no recondite verification of them. But when I 
encounter the doubts of others, a fear of not getting to the bottom of 
them drives me too far from the surface^ — in which after all, they may 
probably have their only roots. 

I wish I could look with your genial and hopeful eye on the n^ative 
tendencies of our recent culture in regard to religion, or could detect 
any better affirmation looking behind their denial. Without for a 

1 For a notice of William Rathbone Greg, see the Dictionary of National 
Biography, xxiii. 88. 



1903.] LBTTERS OF JAMES MABTINEAU. 145 

moment doubting that, when the darkness and the storm are past, the 
air ?riU be brighter and sweeter, and the clear heaven embrace us again, 
I cannot but apprehend great desolation of heart and no little moral 
shipwreck meanwhile. Indeed, they are already abundantly visible: 
and when a generation has grown up without the idea of DvJty^ or with 
no sacred feeling connected with it, — and that is certainly what is 
coming upon us A^re, — the social result is one which I shnnk from 
contemplating. My German and Dutch friends are affected by similar 
anxieties. 

You introduce me to a personage quite strange to me in your mention 
of Omar Kayyam : & as it is a part of my business to make acquaint- 
ance with all oddities and extremes of thought, I shall look him up, — 
probably with the help of Mr Channing,^ who lives very much with these 
queer Orientals. I suspect I shall share Emerson's feeling, — as M' 
Channing will be found to share yours. I am obliged to own that I 
have never found any light I care for in either Indian or Persian 
literature, so far as accessible in English ; and the study of it is mere 
task-work to me. 

Believe me always. 

Yours very cordially, 

James Mabtixeau. 
Bey. D' Fdbness. 



JAMES MARTINEAU TO WILLIAM HENBT FURNESS. 

86 OoBDON Square, 
London, W. C. 
Feb. 29, 188a 
Mt dear D". Fubness, 

By the help of Leap-year alone my lazy conscience saves 
its usual vow & answers your delightful letter within the month of 
its own date. In asking aUerUly your acceptance of my recent book, 
I reckoned on no more than the silent reply of friendly acquiescence. 
You have given me a hundred-fold more, and from my heart I thank 
you. It is not difficult to me to dispense with public approval in matters 
of deep inward conviction. But here and there are a few loved and 
venerated men, whose sympathy at once intensifies my faith and 
doubles my joy in it, & this it is that makes your word so precious to 



» The Rev. William H. Channing (H. C. 1829). 
10 



146 THE COLONIAL SOCIETY OF MASSACHUSETTS. [Aprii, 

me. I pray you, do not worry yourself with my metaphysics: they 
are but medicine for sickly minds, which the healthy may well fling 
away as they would *^ apples of SodooL" It is the constructive part 
of the book in which alone I do profoundly care for fellowship ; pre- 
cisely because it is out of the sphere of ** originality/' and only recites 
once more the eternal conditions of our common life and love. I believe 
in the permanent necessity of the philosophic schools which torment 
the wits of mankind. It is useless to rave at them as the scientific & 
scholarly men are apt to do. Their modes of thought lie behind the 
first assumptions of all that can be practically learned or taught, and 
will force themselves into consciousness with a few of the learners & 
teachers, though unsuspected by the rest And when once they speak 
out, they will not be put off till their rights have been determined and 
set clear of false pretensions set up on their behalf. The critical 
process to which, I believe, this task is possible, gives no new revela- 
tion, but re-instates us where we intuitively stood, only with certainty 
secured that the ground is not hollow beneath us. 

It is refreshing to hear of your continued immunity from all the usual 
disabilities of age. I am your junior by 3 years; but I could not 
legibly tell you so, had I not glasses for my eyes. And deafness in 
one ear obliges me to choose my place with care at any meeting where 
the interest depends on speech or music, and to manceuvre with a 
companion in a walk to get hold of his right arm. Else, this 9^ decade 
is little different with me from its predecessors, unless it be that my 
work is slower and cannot be dashed off in haste as in younger 
days. 

I thank you heartily for "The Faith of Jesus." I am with you in 
devoted acceptance of that faith in its essence, its self-evidence/ & its 
applications ; though, to reach it, I should remove some of the alleged 
reports of it in the Gospels wh. you are able to retain ; &, to hold it, 
do not find it requisite, or possible, to reckon among its effects the 
" signs & wonders " attached to it in the narrative. The features of a 
transcendent personality may be guaranteed to us by internal evidence. 
But external facts must rest on testimony : and tJuxt is shown, by the 
historical criticism of the last 30 years, to fail us completely, as I am 
obliged to own. In this there is to me far more gain than loss : the 
lines and touches of colour which have vanished from the prior image 
of Jesus have left his figure, fainter indeed but diviner far than I had 
conceived before, & clearer than ever of all responsibility for the 
strange mythology by which Christendom has hid it from view. I have 
no faith in a religious future for those who renounce their allegiance to 



1903.] LBTTEBS OF JAMBS MABTIKEAXT. 147 

that personality; whether to try a Philosophical Theism, or a bare 
Ethical Ideal without him. 

I remain, always, 

Yours with lifelong affection, 

James Mastineau. 
Bey. D* FvBXEsa, 



JAMES MABTINEAU TO WILLIAM HENRT FURNESS. 

35, Gordon Squarb, 

London, W. C. 

April 14. 1889. 
Mt dear D^ Furness, 

Your charming letter of birthday greeting makes me feel 
as if, with the grasp of your loving hand, I stood by your side on the 
verge of two worlds but a step apart, — one in the twilight of tender 
memories, the other in the dawn of brighter hopes. I often think, in 
these evening hours of life, of what W. H. Channing said to me within 
two or three days of his departure, — " I have long lived so freely in 
the invisible future just as in the remembered past, that the boundary 
of the two worlds has almost vanished and reduced death to nought" 
To his intensely ideal nature, this was simply true. Those of us who, 
though in advance of his age, are still day-labourers here, with un- 
finished tasks that press for completion, may perhaps be pardoned, if 
they have not yet reached the point of absolute indifference at which his 
spirit rested in suspense. 

Gently as old age deals with me, your wonderful energy far outstrips 
my poor performances. I have left the pulpit, the Lecture-room, the 
Public Meeting, and the private dinner party; and now concentrate 
what faculty I have on quiet work within my own study. Tkere^ the 
same subjects engage me which have so long and so fruitfully occupied 
your thoughts. If the results do not quite coincide with yours, it is 
from no demur to your fundamental principles, which I heartily accept, 
but from inability to accept as historical facts the greater part of the 
reported acts & incidents to which you apply the principles. The fresh 
light which has been thrown, by the critical investigations of the last 30 
years, on the origin and growth and early literature of the Christian 
Church, seems to me to alter the whole aspect of the problem with which 
we have to deal, and relieve us of many phenomena for which special 
hypotheses had been devised to account. A book ^ on which I am at 

2 The Seat of Authority in Beligion (1890). 



148 THE COLONIAL SOCIBTY OP MASSACHUSESTTS. [April, 

work will ere long, if I live, so much better explain my meaning than 
this hasty note, that I will say no more. 

My congratulations are too late, I fear, to do their duty on the right 
day. None the less hearty and affectionate are they. Had I. known 
your date, they should have led the way as a prelude, instead of hanging 
on as an appendix. By the way, I think you have one Senior — in D' 
Farley,* — and he seems to be your partner in vigour. 

Believe me ever, with best wishes and many thanks, 
Yours most cordially, 

Jam£s Mabti^eau. 



JAMES MABTINEAU TO WILLIAM HENRY FURNESS. 

The Polchab, 

rothibmuhchus, 
aviemore. 
Soot LAND 
May 27, 1890. 
My dear D" Furness, 

The first use to which I put my escape from London distrac- 
tions into this mountain nest shall be, to send you my hearty thanks for 
your two last publications, — the "Conference Discourse" & the "Story 
of the Resurrection/' Both of them I read with the delighted interest 
which all that you write awakens in me, — none the less that I reach 
essentially the same result as yours by a different track and at a heavier 
cost of disciarded ^^ impedimenta." I cannot rate the historic elements 
of our Gospels so highly as you do : but what I have to eliminate as 
increments of tradition is precisely what confuses rather than clears the 
entrancing image of the central figure wherein the Human & the Divine 
characteristics are unified. The Evangelists give us, no doubt (inter 
alia), some early and genuine Memorabilia of the Ministry of Jesus, 
Matthew of what he said, Mark of what he did & suffered; but, as 
a whole, their narratives refiect more of his subsequent church than of 
his personal biography, & fuse together the primary Religion and the 
derivative Theology in a way which seriously dims the pure lustre of 
the former. It is the glory of the modem criticism, that it more & more 
enables us to separate the two. 

1 The allusion is to the Rev. Dr. Frederick Augustus Farley (H. C. 1818), 
then the senior surviving alumnus of Harvard College. He was bom in 
Boston 25 June, 1800, and died in Brooklyn, New York, 24 March, 1892. 



1903.] THE TEBM BED MAK. 149 

Kotwithstanding the inevitable excisions which reduce the historic 
gospel to a short & simple compend, I cling with an intense tenacity to 
the distinctive Christian life & name ; out of which, as from nothing 
else, may and must be developed all that belongs to the spiritual perfec- 
tion of humanity. And I cannot see, without regret, the disposition 
among our younger men either to begin, de novo, from mere Ethical 
postulates, at most from abstract Theism, or to go a-hnnting among 
foreign Religions, — Buddhism, the Zenda vesta, Confucius, the Vedas, — 
for something which, as chosen and patronized by them, will never over- 
awe & subdue them, (rood as anthropological studieSy these exotics 
become impoeters when they pretend to capture and redeem the soul. 
For myself, I would cast my lot with those who keep true to the line 
of their history, & own their trust to push it on into new latitudes of 
Divine reality. Let other races do the same : & all perhaps will meet 
at the same pole at last. Our good & accomplished friend, J. H. Allen ^ 
(now in London) chides me for narrowness for thus judging; while I 
rather complain of his cold critical externality to all the religious ten- 
dencies which he so impartially reviews. I hope we shall have it out 
together in friendly converse soon : for he promises to visit me here at 
the beginning of July, when, in one direction or another* the breezes of 
the mountains shall blow all our dialectic away. 

It is delightful to hear how blest you are in your sons & daughters ; 
it is the joy which fulfills the first prayer and the last of a loving old 
age. I am so much withdrawn now from the literary world that I can- 
not say whether the last Vol. of the Variorum Shakespeare is yet known 
here. I have little doubt that it is : for nothing is more quickly caught 
up in the book market than any new product of the Dramatic Press, 
whether original or critical. 

Our Unitarian Anniversaries are being held in London this week. I 
am doubly thankful to be in this retreat : for they are not congenial to 
me, & I can do no service to them ; so the distance between us is a 
benefit to both, conducing to mutual good-will. 

Believe me, dear D^ Furness, 

Ever most cordially yours, 

James Mabtineau. 

Mr. Albert Matthews read a paper on the term Red 
Man as applied to the North American Indians. He re- 
marked that no attempt had been made to give the history 

1 Joseph Henry Allen. 



150 THE COLONIAL SOOIBTT OP MASSACHUSETTS- [April, 

of the term, that little had been written on the subject, and 
that the generally accepted notion was that Indians were 
called Red Men on account of the natural color of their skin. 
He showed that the adjective red — qualifying various nouns 
— had been applied to the Indians since at least as early as 
1699, and that it had long been accepted by themselves. 
He then proceeded to quote many extracts, and concluded 
by remarking : 

These extracts are examined in vain for confirmation of the gen- 
erally accepted notion that Indians were called Red Men on ac- 
count of the natural color of their skin. On the contrary, we find 
current in the seventeenth century the curious belief that Indians 
were born white, and that the darker hue was later acquired as a 
result of bathings and ointments. But this darker hue was re- 
garded not as red, but as brown or *^ tawny ; " indeed, this last 
word was considered so aptly descriptive that it was turned into 
a noun. On the other hand, there is ample evidence to show that 
red was a favorite color with the Indians at all times, and espe- 
cially in time of war. Must we not then conclude that Indians 
have acquired the sobriquet of Red Men by reason not of the 
natural but of the artificial color of their skin? 

Mr. John Noble made the following communication : 

A FEW NOTES ON ADMIRALTY JURISDICTION IN THE 

COLONY AND IN THE PROVINCE OF THE 

MASSACHUSETTS BAY. 

A young colony naturally has little occasion for any fall code 
of Admiralty laws or any distinctive Admiralty Courts. It has 
little concern about those matters which fall properly within such 
jurisdiction, for it can dispose of them with a fair amount of 
justice and convenience in its local courts. Until more complex 
internal conditions and outside relations grow up, it finds this the 
easiest and most satisfactory way. It was evidently so in Massa- 
chusetts. Not until 1650 is there any legislation, even remotely 
connected with such affairs, apparent in the Massachusetts Col- 
ony Records^ and the Court records are silent in the early years. 



1903.] ADMIRALTY JUBISDIGTION IN MASSACHUSETTS. 151 

Up to 1644 neither in the Massachusetts Colony Records nor in 
the records in the so-called Barlow Copy is there more than a 
single entry that savors of Admiralty jurisdiction. At a Court 
held 2 June, 1635, controversies which arose between certain 
parties as to their rights in the ship Thunder were sent to a board 
of arbitrators for determination.^ The latter fact in itself, how- 
ever, proves nothing, for to a large degree the Court records are 
missing, and where they exist they are conspicuously incomplete, 
as I have shown elsewhere,^ and contain little beyond the record 
of cases of a criminal or of municipal or otherwise public char- 
acter. Civil cases between individuals seem not to have been 
recorded at all in the earliest years, and the later records, which 
are shown to have existed, have been lost from a time beyond the 
memory of living man. No full records of the Court of Assistants 
appear till 1678, and of the other Courts at about the same time. 
Much can be supplied, however, from certified copies found in 
later cases among the Court files and in the writings of contem- 
poraries, especially of Winthrop.* 

The Colony Charter of Charles, without the reservation of the 
Province Charter of William and Mary, gives full power to hold 
Courts, to ^' establishe all manner of wholesome and reasonable 
orders, lawes. Statutes, and Ordinhces, direccons, and instruccons, 
not contrarie to the lawes of this our realme of England/' and for 
*^ the directing, ruleing, and disposeing of all other matters and 
thinges " for the religious, peaceable and civil government of the 
Colony, with '* full and absolute power and authoritie '* to all the* 
higher oflScers of the Colony, ** according to the Orders, lawes, 
ordiniices, instruccons and direccons aforesaid, not being repug- 
nant to the lawes and Statutes of our realme of England." 

Acting under this authority, and with its usual sturdy independ- 
ence and its application of good common sense and Anglo-Saxon 
notions of justice, the Colony probably got safely through all those 
cases that smelled of the sea, either in the Court of Assistants or 
in the General Court, without much difficulty, for many years. 

1 Massachosetts Colony Records, i. 154 ; Records of the Court of Assistants,. 
u. 54. 

* Preface to Records of the Court of Assistants, vol. i. p. xi. 

* Records of the Court of Assistants, vol. li. part iii., now in preparation, atr 
tempts to fill these gaps, as far as possible. See Preface, vol. i. p. xii. 



152 THE COLONIAL SOCIETY OF MASSACHUSETTS. [APSIL, 

As showing how little distinction was made by the courts be- 
tween admiralty and common law proceedings in cases before 
then, Washburn ^ refers to the case of Madame La Tour in 1644, 
giving some account of it taken from Winthrop.^ But some 
twenty years after the first settlement in Boston, questions ap* 
parently began to arise, and the. necessity of some formal code 
began to show itself. And here appears the first attempt at 
legislation — which was apparently attended with only indifferent 
success : 

Att a Courte of Ele65on, held at Boston, the 22*^ 8 M% 1650. 

Whereas this commonwealth is mach defective for want of lawes for 
Marityne affayres, and forasmuch as there are already many good lawes 
made & published by o' owne land & the French nation, & other king- 
domes & common wealths, this court doth therefore order, that . the 
sajd lawes, printed & pablished in a booke called Lex Mercatoria, 
shalbe pused & duly considered, & such of them as are approved by 
this Coart shalbe declared & published, to be in force within this 
jurisdiction after such a time as this Court shall appoynt; and it is fur- 
ther ordered that M' Bellingham, M' Nowell, M' Willoby, Capt Haw- 
thorne, the Audito' Generall,' & M*^ John Allen, shalbe a committee to 
ripen the worke, & to make returne of that which they shall conclud 
vppon unto the Generall Court, and the time of their meetinge to be the 
first third day of the sixth mo'^ next - 

p Cur.* 

This Committee appears to have been somewhat slack in the 
duty assigned to it, and — 

Att the Second Session of the Generall Court, held at Boston the 14th 
October, 1651, [it appearing that] s*^ committee haue not yett mett ac- 
cording as was then concluded, ... it is ordered by the Court, that 
the accomplishing of that worke shalbe referred to M' Nowell & the 
Audito' generall ... to make returne thereof to the next Generall 
Court.5 

^ Sketches of the Judicial History of Massachusetts, p. 68. 

« History of New England (1853), ii. 192, 196, 198-201. Some later refei^ 
ence to the case is to be found in the Massachusetts Colony Records, iii. 49. 

' Capt. Nathaniel Duncan of Dorchester and later of Boston was the only 
incumbent of this office, which was created in 1645 and abolished in 1657. 

^ Massachusetts Colony Records, iii. 193 ; iv. (i.) 10, but in the latter less 
full and without the preamble. 

^ Massachusetts Colony Records, iii. 252; iy. (i.) 69. 



1903.] ADHIBALTY JUBISDICTION IN MA88ACHUSETT8. 153 

The second Committee apparently accomplished as little. At 
any rate, it does not appear how much benefit was derived from 
the labors imposed, how far they were discharged, or what was the 
practical oatcome. 

But whether with or without a code there is no evidence of any 
change in the jurisdiction, and at all events it is evident that they 
dealt with piracies and other happenings upon the high seas as if 
they had occurred on the main land. Exigencies would arise from 
time to time when the want of controlling laws would be felt. 

Incompetency and greed are peculiar to no time or people, and 
even Puritan Commonwealths are not exempt. Somewhat later 
it seems to have become necessary to protect the interests of mer- 
chants and the lives of mariners from such shortcomings of human 
nature, and, though perhaps not strictly a matter of admiralty 
jurisdiction, resort is had to legfislation. 

At the Session of the General Court in October, 1667, it ap- 
pearing that '^divers unskillful persons, pretending to be ship- 
wrights, doe build shipps & other vessells . . . which are very 
defective, both for matter & forme, to the great prejudice of mer- 
chants & ounors, & the danger of mens lives at sea,''^ a Com- 
mittee is appointed to draw up laws to remedy the evil. 

For many years after the unsuccessful movement in 1650, the 
Colony ran on without any distinctive maritime code. The Body 
of Liberties, Liberty 67, had laid it down as among the rights of 
the freemen, " to choose yearly at the Court of Election " " all the 
General Officers of this Jurisdiction," among them the <^ Generall 
of our warres " and " our Admirall at Sea " — subject to discharge 
as therein provided. But the growth of the Colony at last brought 
about some legislation, and — 

Att y* Second Sessions of the Generall Court, held at Boston, 14th 
of October, 1668. 

Whereas, through the blessing of God vpon this jurisdiction, the 
navigation & maritine affaires thereof is grown to be a considerable Jn- 
terest, the well management whereof is of great concernment to the 
publick weale ; for the better ordering the same for the future, & that 
there may be knowne lawes & rules for all sorts of persons imployed 
therein, according to their severall Stations and Capacitjes, & that there 

^ Massachusetts Colony Rooords, iy. (ii.) 345. 



154 THE COLONIAL SOCIETY OP MASSACHUSETTS. [Apbil, 

may be one rule for the guidance of all Courts in their proceedings in 
distribution of justice, 

a law is enacted containing twenty-seven sections and covering 
differences between owners, conduct of masters and mariners, 
penalties to be imposed on them for breaches of duty, questions of 
wages, provisioning of vessels, conduct of voyages, loss of goods, 
collisions, and other kindred matters.^ 

There would seem to have been some sort of an Admiralty Court 
or a Court exercising such jurisdiction in Massachusetts a dozen 
years earlier, by the mention made in the Danforth Papers of " our 
Court of Admiralty here," in 1666.^ It seems most likely that it 
was no distinct Court, but simply an exercise, as occasion required, 
of Admiralty powers in the local Courts of the Colony, probably 
the Court of Assistants, or under the Governor as Vice-Admiral, 
as the colonists were always equal to the situation at hand, and 
had no hesitation in finding good legal ground for meeting necessary 
emergencies. 

1 Massachusetts Colony Records, iv. (ii.) 388 ; Colonial Laws, 1660 (Whit- 
more's edition), p. 251. 

^ 2 Massachusetts Historical Collections, viii. 101. 

Somewhat illustrating this is a case tried in the County Court in April, 1663, 
with ar air of piracy about it, in spite of the result the jury arrived at: 

John Woodmansey w. \ ^^°»!«" Labonnie and 
'' l MoDsieni Laremit 
for forceible seazing and takeing away in a way of Piracy the yessell called the Progreaae, 
whereof William RoaseU was master, being upon lawfaU imploiment and laden with 
fish upon the confioes of Noya Scotia or thereaboats which said vessell together with 
the fish, the one third part of both belongeth to the said Woodmansey, &c. &c. 

They were placed in prison in the care of the keeper by John Pease, constable. 

Copy of County Court Record at Boston 28 April 1663, states that '* nothing 
appearing against Laremitt, the action proceeded," etc. Jury brought in ver- 
dict for the plaintiff £280-6-0 damage and costs of Court £0-44-8. ** The 
jury affermed they medled not w* that of Piracie." ^ 

Still earlier will be found cases where the Court of Assistants took juris- 
diction, pure cases of Admiralty, and where, when in doubt, they referred the 
matter to the High Court of Admiralty in England. 

Many cases of this sort will appear in the Records of the Court of Assistants, 
volume ii. — now in course of preparation and to be issued in the near future. 



1 Suffolk Coiut files, no. 514. See also nos. 817-826 for a fall history of the case. In 
the last group there are thirty-three papers. 



1903.] ADMIEALTY JURISDICTION IN MASSACHUSETTS. 155 

In 1673 appears the first formal legislation as to the trial of ^ all 
cases of admiralty/' 

Att a Speciall Generall Court, called by order of the CoudcU, and 
assembled together in Boston, 10th December, 1673. [At an adjourn- 
ment thereof on the 6th of the following January,] It is ordered by this 
Court & the authority thereof, that henceforth all cases of admiralty 
shall be heard and determined by the Court of Assistants, and to be is- 
sued by the bench w^out a jury, unless the Court shall see cause to the 
contrary, prouided allwayes this act shall not be interpreted to obstruct 
the just plea of any marriner or merchant impleading any person in any 
other Court vpon any matter or cause that depends upon contract, cov- 
enant, or other matter of comon sequity in maritine affayres, to be 
issued according to the knowne lawes of this colony.^ 

Numerous cases under this jurisdiction are to be found in the 
Records of the Court of Assistants, Volume I., lately issued^ which 
show the variety of causes that came before it and their character. 
Among them are some interesting trials for piracy occurring not 
only upon the high seas but within the limits of Massachusetts 
waters not far from Boston. 

The records show the Court of Assistants under this law of 
1673 to have sat regularly and frequently as a Court of Admir- 
alty. Besides these regular sittings, a special or additional sitting 
seems sometimes to have been called upon request, or rather a 
matter brought specially before it. 

Att a Court of Assistants or Admiralty held at Boston on the 15^ of 
April 1686 

The Court mett at the time and at the request of M* Willjam Wood- 
rope of the Island of St Christophers now Resident in Boston A Court' 
of Admiralty is granted him against M' John Keech [and another,] to 
be held at sajd Boston on the 22*** of Instant Aprill at three of the 
Clock in the Afternoon; [and] Att an Adjournment of the Court of 
Assistants or Admiralty held at Boston 22^ of April 1686 [the case is 
heard, the complaint being for a wrongful attachment and judgment in 
the County Court.] 

The case against Keech as also that against Thornton is re- 
corded at length.^ As this volume covers the period from 1673 

1 Massachusetts Colony Records, iv. (ii.) 575 ; Colonial Laws, 1672-1686 
(Whitmore's edition), p. 213. 

> Beoords of the Court of Assistants, 1. 298, 300, 301. 



156 THE COLONIAL 80CIBTY OP MASSACHUSETTS. [APRIL, 

to 1692, it shows that this juriadiction continued up to the time 
when the Colony passed into the Province. 

There is to be found an instance of the General Court acting 
as a Court of Admiralty : 

Att the second Sessions of the Generall Court, held at Boston, the 
11**^ of October, 1676. 

The Court, as the Court of Admiralty resolved, & that by voate, that 
Robert Orchard, the officer, had not acted regularly in his seiziDg, &c., 
and to find for the plaintiff, Daniel Anderson.^ 

The Colony passed away and the Province succeeded. The 
Provincial Charter of William and Mary made direct mention of 
Admiralty Courts and reserved to the Crown the right to estab- 
lish and organize them : 

ProbAietl alwaies and it is hereby declared that nothing herein shall 
extend or be taken to Erect or grant or allow the Exercise of any Ad- 
mirall Court Jurisdiccon Power or Aathority but that the same shall be 
and is hereby reserved to Vs and Our Successors and shall from time to 
time be Erected Granted and exercised by Yertue of Comissions to be 
yssued vnder the Create Seale of England or vnder the Seale of the 
High Admirall or the Comissioners for executing the Office of High 
Admirall of England.' 

In the absence of any regularly constituted Courts, whatever 
Admiralty authority became necessary was executed by the local 
authorities.' 

As showing that the local Courts took and exercised jurisdiction 
at this time over matters that savored of Admiralty is the case of 
Charles La Tour v. Thomas Waltei*s, etc^ in 1696. This was an 
appeal from a judgment of the luferiour Court of Common Pleas 
on a ^^ Libell ... as well for and in behalfe of our Sovereign 
Lord the King as for themselves,'' brought by the defendants in 
the Inferiour Court, under " An Act made by the Generall As- 
sembly of this His Maj"** province of the Massachusetts Bay, in 
the Seventh year of His present Maj"®* Reigne, Entituled an Act 
to prevent the Supplying of his Maj"*» Enemies." * The jury — 

1 Massachusetts Colony Records, v. 131. 

* Province Laws, i. 19. 

' The Commissions of the Governors of the Province as Vice- Admirals will 
appear in Volume ii. of the Publications of this Society. 

* Passed 17 August, 1695, Province Laws, i. 220. 



1903.] ADMIBALTY JUBISDIGTION IN MASSACHUSETTS. 157 

find for the defendants. — Confirmation of the fiformer Judgment It is 
therefore considered by the Court That the s"* Informers shall recover 
the s"* Shallop Jacob with her Tackle Apparrell ffurnitare Lading on 
behalfe of His Majesty and themselves in manner as by the aforesaid 
Act is directed.^ 

There is a large group of papers among the Suffolk Court Files 
relating to this case and giving much of its inside history : — the 
Information, plea, judgment and record of the Inferiour Court ; a 
petition for pi*otection and aid as not knowing the English lan- 
guage ; the reasons of appeal, and answer thereto ; an address to 
Governor Stoughton (translated), praying the restoration of his 
goods and vessel ; certificates of Naval officers of Boston and of 
New Castle, New Hampshire ; various depositions, a list of the 
papers, etc.^ taken on board the shallop, ete, ; eighteen in all. The 
spelling of the name of the original defendant, De La Tour, is in 
various modes.' 

Whatever of this there was at first fell upon Governor Phips. 
On some complaints arising as to his performance of such duties 
Washburn says a Court was created in 1694 consisting of a Judge, 
a King's Advocate, a Register and a Marshal.' But as appears 
by a letter of Lieutenant-Governor William Stoughton to the 
Lords of the Privy Council, no judge had been appointed and 
commissioned in September, 1696, and the Lieutenant-Governor 
adjudicates upon some fishing vessels that had been brought in as 
prizes by privateers.* 

There are no Admiralty records for this early period found upon 
which to fall back as ultimate authority. Washburn says that the 
first judge whose appointment he can ascertain was Wait Winthrop, 
commissioned in 1699 over the Northern District, as it was called, 
consisting of New York, Massachusetts, Connecticut, Rhode Island 
and New Hampshire/ Douglass says the same. The Commis- 

1 Records of the Saperiour Court of Judicature, 1695-1700, ii. 81. This 
volume, backed 1686-1700, contains also the record of four special Courts of 
like character, 1686 and 1687, and one 1698. 

> Saffolk Court Files, no. 8,407. 

* Sketches of the Judicial History of Massachusetts, p. 172. 

* Province Laws, vii. 514. 

* Sketches of the Judicial History of Massachusetts, p. 175 ; Douglass, Sum« 
maiy, i. 483. 



158 THE COLONIAL SOCIETY OF MASSACHUSBTTS. [April, 

sions ran from the King, under the broad Seal, or the Warrant of 
the Lord High Admiral, — in reality from appointment of the 
Lords Commissioners of Admiralty. 

The jurisdiction of the Courts was extensive, but is best shown 
by the records. The Court sat without juries, and where no ex- 
press Acts of Parliament existed governing the cases before it, 
was governed by the Civil and Maritime law. An appeal lay to 
the Couil; of Delegates in England. No salaries were fixed, and 
the compensation depended upon the fees for a long period — 
till 1769, as Washburn gives it ; but apparently the salary of the 
Judge, Auchmuty, was named in 1767 and increased in 1769. 
The Province at an early date took into its own hands the regu- 
lation of the fees. By Chapter 7, Acts of 1716-17, a fee system 
was established. Some question having arisen whether this was 
within the province of the General Court of the Province, it was 
referred to Paul Dudley the Attorney-General, who decided it 
was within its power, ^ more especially if the fees of said Court 
of Admiralty are either uncertain or grievous."^ The General 
Court had already, by Act of 1692-93, Chapter 87, established the 
fees in the other Courts of the Province. . Douglass gives the suc- 
cession of judges, and Washburn follows him.' 

Winthrop was succeeded by William Atwood, 28 October, 1701, 
whose district took in also the Jerseys. He was followed by 
Roger Mompesson in April, 1703, but in the same year the dis- 
trict was divided, and a new Commission was issued to Nathaniel 
Byfield over Massachusetts, New Hampshire, and Rhode Island. 
Mompesson held office till his death, 2 January, 1714-]5. By- 
field, appointed December, 1693, continued in office till 1715. 
John Menzeis succeeded Byfield, bringing his Commission with 
him and arriving here 24 December, 1715, and taking his seat in 
the following March. He died at Boston 20 September, 1728, at 
the age of seventy-eight' Robert Auchmuty was appointed Judge 

1 Province Laws, ii. 68. 

' Douglass, Summary, i. 483; Washburn, Sketches of the Judicial Histoiy 
of Massachusetts, p. 175. 

* Boston Weekly News-Letter of Thursday, 19-26 September, 1728, No. 01, 
p. 2/2, which contained the following notice : 

On Friday Morning last the 20th Instant, died here the Honourable John Mensies 
Esq; Judge of the Court of Vice- Admiralty for the Provinces of the 



1903.] ADMIBALTY JUBISDIGTIOK IN MASSACHUSETTa 159 

pro tempore by Governor Burnet, according to Douglass. Judge 
Byfield was again commissioned 25 November, 1728, though his 
Commission was not received till 10 April, 1729, when be took the 
oaths of office, and remained till his death 6 June, 1733, at the age 
of eighty. Robert Auchmuty followed him and held the office till 
1747, when he was superseded by Chambers Russell, dying in 
1750.^ Chambers Russell was appointed Judge over the same Dis- 
trict of Massachusetts, Rhode Island and Connecticut in 1747, and 
held the office till his death at Guildford, Surrey, England, 24 
November, 1766. On the death of Russell, Robert Auchmuty 
the younger was appointed Judge in April, 1767, and on 6 July, 
1767, was commissioned as Judge over all New England at a 
salary of £300. His Commission was renewed in March, 1769, 
and his salary increased to £600. He held office till the Revo- 
lution, and, one of the proscribed, left the country for England 
in 1776. 

Among the names of the Deputy Judges as given are Nathaniel 
Byfield in 1699 ; Thomas Newton, 1701-08 ; Nathaniel Hubbard 
for Rhode Island ; George Cradock, 1747, who resigned in 1766 
on account of his years and infirmities, and died at eighty-seven, 
26 June, 1771 ;» and William Reed, 1766. Brief biographies are 
given by Douglass and by Washburn of the incumbents of the 
offices, several of whom also held judicial appointments under the 

Baj, New Hampehiie, and the ColoDjr of Rhode-Island, in the 78 Tear of his Age, and 
was decently Inter'd on Taesday last the 24th Cnrrant. 

1 The Boston Gazette of Tuesday, 1 May, 1750, No. 1572, p. 1/8, contains 
the following notice: 

Last Saturday Morning abont 4 o'clock died here the Hon. Robert Anchmnty, Esq ; 
an eminent Attorney at Law ; and for several Tears Judge of the Court of Vice-Ad- 
miralty, also an Agent for this Province at the Court of Great Britain. 

Auchmuty's death is also noticed in the Boston Evening-Post of Monday, 80 
AprU, 1750, No. 768, p. 1/2. 

^ The Massachusetts Gazette of Monday, 1 Joly, 1771, No. 8/2, contains 
this notice: 

Wednesday morning last died here, the Honourable Gbobob Cbaddock, Esq ; aged 
87 Years. A Gentleman of unblemished Character. His Funeral is to be attended 
this afternoon. 

The King's Chapel Burial Register records his burial on the first day of 
July. 

For this information I am indebted to Mr. Julius Herbert Tuttle, the oblig« 
ing assistant librarian of the Massachusetts Historical Society. 



160 THE COLONIAL SOCIETY OF MASSACHUSETTS. [April, 

Province. One of the extracts from the Recoi*ds at the end of 
this communication shows Thomas Steel to have been appointed 
in 1722. 

The extent of the Northern District varied : at first it included 
New York, Massachusetts, Connecticut, Rhode Island and New 
Hampshire ; then New Jersey was added ; New York and New 
Jersey were not long after withdrawn ; and finally it embraced 
Massachusetts, New Hampshire and Rhode Island only. 

A change in the organization of the Admiralty Court seems to 
have been contemplated and partly carried out in 1764, when Dr. 
William Spry was appointed a Judge of Vice- Admiralty for all 
America. On his arrival in Halifax he fixed bis headquarters 
there for ^' any province of America," and by proclamation set 
the times for holding his Court. The next year he contemplated 
removing to Boston and entering upon the duties of the office 
there, as Supreme Judge of Vice- Admiralty. But this seems 
never to have been done, and in 1767 he was made Governor of 
Barbadoes, so that at all events his incumbency as a judge was of 
short duration.^ 

Beside the regular Vice- Admiralty Courts for general admiralty 
business there were also special commissions convened from time 
to time for the trial of piracies committed upon the high seas. 
Douglass gives some account of these, styling them Justiciary 
Courts of Admiralty.^ Their constitution varied somewhat in the 
different Provinces. In Massachusetts this Commission usually 
consisted of the Governor, Members of the Council, the Judge of 
the Vice- Admiralty Court, the Commander of the Royal Vessels 
of War on the Station, the Surveyor of the Customs for the 
Northern District, the Collector of Customs ; sometimes it seems 
to have been specially constituted, and occasionally officials from 
other Provinces appear to have taken part. Dr. Douglass char- 
acteristically does not hesitate to criticize the constitution of the 
regular Courts of Vice-Admiralty : 

A Sole judge, without a jury, in Cases of high Consequence; and 
this Judge too frequently appointed at Random, seems to be an Error 



1 Washburn, Sketches of the Judicial History of Massachusetts, p. 175. 
* Summary, i. 484. 



1803.] ADMIRALTY JURISDICTION IN MASSACHUSETTS. 161 

in the Constitation. It is true there may be an Appeal to the Conrt of 
Delegates in Great Britain.^ 

The crime of piracy was evidently very common, especially in 
the earlier years of the Province, when it so frequently appears 
as a branch of Admiralty jurisdiction. Some of the cases have 
become historically famous, and live not only in the law but also 
in the literature of the times. The trial of John Quelch in 1704 
has become one of the celebrated causes. It was made the subject 
of an interesting communication to this Society by our associate 
Mr. Goodell.^ It was held before a tribunal made up of the 
Governors and the Lieutenant-Governors of the Provinces of the 
Massachusetts Bay and New Hampshire, the Judge of Vice- 
Admiralty in each, the Chief-Justice of the Superiour Court of 
Judicature, the Secretary of the Province, Members of the Council 
of Massachusetts Bay, and the Collector of Customs for New 
England. It was convened in the old Star Tavern in Hanover 
Street. A full account of the trial has been given by Mr. Goodell 
in his Notes to the Province Laws,^ and he has made an exhaus- 
tive and learned examination and discussion of various questions- 
involved in it, touching law and procedure. His account is marked 
by his usual indefatigable research, keen analysis, independent 
criticism, legal and historical learning, and characteristic ability. 
The account is another illustration of the value of his Notes in 
that great work, and of the loss which has been caused by the 
restrictions in this direction made necessary in the later prosecution 
of the work under the stricter construction put upon the original 
Act authorizing the publication of the Province Laws and Resolves. 

There was another trial for piracy, that of Robert Munday, at 
Newport, Rhode Island, before a jury in the local tribunal, in 1703, 
where some questions seem to have arisen as to its legality, like- 
wise discussed by Mr. Goodell.* 

Legal questions of various sorts were apparently not infrequent 
in such trials, and were discussed with more or less warmth in 
various quarters. Judge Sewall seems to have had doubts on 

1 Summary, i. 483. 

* Publications, iii. 71. 

* Province Laws, viii. 386-398. See also SewalPs Diary, ii. 104-111, for a 
fall and graphic story of the expedition after the pirates, the trial, execution^ etc. 

* Province Laws, viii. 386. 

11 



162 THE COLONIAL SOCIETY OF MASSACHUSETTS. [April, 

many points, as appears in his Diary and in letters. He hesitated 
on the evidence in the Quelch case.^ He questioned the legality 
of sending Kidd to England for trial,^ — a matter of vital interest to 
Kidd by reason of the difference in the penalty. 

Washburn * cites also three courts held by Special Commission 
for the trial of pirates, — one in Newport in 1723, where the 
Commission consisted of William Dummer, as President, Samuel 
Cranston, Nathaniel Paine, Addington Davenport, Thomas Fitch, 
Spencer Phips, John Menzeis, then Judge of the Vice-Admiralty 
Court of Massachusetts, and Thomas Lechmere ; a second in 1746, 
held in Faneuil Hall, presided over by Governor Shirley ; and a 
third in 1769, consisting of Governor Bernard, Samuel Hood, 
the Commander of the Ships on this station, Lieutenant-Governor 
Hutchinson, Robert Auchmuty the younger, then Judge of the 
Vice-Admiralty Court, Andrew Oliver, Secretary of the Province, 
Robert Trail, Collector of Customs at Portsmouth, and John Nut- 
ting, Collector at Salem. 

The last has a special interest from the fact that John Adams 
was of counsel for the prisoners, and that he afterward improved 
the occasion in a characteristic account of the trials. Nearly fifty 
years later, with a memory as fresh and a narrative as clear 
and vivid as if of an occurrence of yesterday, in a letter 
to Jedediah Morse 20 January, 1816, he gives the story: the 
indictment of four seamen of Marblehead for piracy and murder 
in resisting a press-gang from the Rose Frigate, on board of a ship 
of Mr. Hooper of Marblehead, in 1769, just before the recall of 
Governor Bernard : 

When in law, truth and conscience, the commander of the Rose Frigate 
ought to have been prosecuted for piracy and murder on the high seas, 
in illegally sending a pressgang to enslave freemen, and compelling 
them in self-defence to destroy their invader and intended destroyer; 
or in the better language of the boatswain of the Rose Frigate, '^ to 
deprive honest men of their liberty." 

He then describes the affray, the death of Lieutenant Panton 
and the hand to hand fight; the trial, with its incidents, the legal 

1 Province Laws, viii. 397. 

^ Ibid, viii. 386. See also Sewall's Diary, ii. 3, 4, as to the vote in Conn- 
cil and the grounds of his action. 

• Sketches of the Judicial History of Massachusetts, p. 173 et seq. 



1903.] ADMIRALTY JURISDICTION IK MASSACHUSETTS, 168 

struggle, the pleas to jurisdiction, the demand for a jury, etc.^ all 
overruled ; and the mysterious outcome of the whole : 

What has become of the records of this Court, whether they have been 
sent to Halifax or to London, whether they remain in any repository 
in Boston^ or whether they have been burned like most of the records 
of this world, I know not. 

He is especially severe on Hutchinson for his share in this trial, 
which he says ^' accelerated the catastrophe of the 5th March, 
1770 ; " but this seems to be unjust, for the explanation given by 
Hutchinson apparently clears up all the mystery of the case, and 
puts him in an attitude very different from that attributed to him.^ 
The frequency of piracy in the earliest years is indicated again 
by various Resolves of the Provincial Legislature, among them a 
Resolve (1719-20) ordering a new trial on the petition of Chris- 
topher Taylour, setting out a judgment having gone against him 
by default in the Superiour Court of Common Pleas in 1717, at a 
time when he was ^^ taken & in the hands of Pirates in the West 
Indies & uncapable of making his Defence ; " ^ and another where 
reference is made to the " pirates who then infested this Coast " — 
in granting an allowance to persons who had been impressed by 
order of the Government to serve in an expedition for the capture 
of pirates.* And again (Laws of 1724-25, Chapter 14) a Resolve 
for an allowance to Andrew Harradine and others, the petitioners, 
who had been taken prisoners by Capt. John Phillips of the Sloop 
Squirrel, and risen and taken possession of the piratical craft, and 
brought the Captain and his crew into Boston, " where they have 
Received a just Sentence to Suffer the pains of Death ; " granting 
£224 and a special grant of X30 to Harradine and three othei-s 
for special merit in the affair.* And also a Resolve the next year 
(1725-26, Chapter 131), for an allowance to the keeper of the 
gaol " for the charge of keeping William Taylour and William 
Phillips, two persons Convict of Piracy, but pardoned by his 

^ J. Adams, Works, ii. 224-226, ix. 317-319, x. 204-210; Hutchinson, History 
of Massachusetts, iii. 232 and note. 

* Province Laws, ix. 678. 
« Ibid. ix. 601. 

* Ibid. X. 437. 



164 THE COLONIAL SOCIETY OF MASSACHUSETTS. [April, 

Majestie, from May 6th 1724 to June 8th, 1726.'' ^ Such legis- 
lation is perhaps most frequent just about this time. 

It was in the first quarter of the century that piracies seem to 
have been most frequent, and references most often found in 
various quarters to pirates, piratical depredations, expeditions in 
pursuit, trials and executions. They appear in Judge Sewall's 
Diary, in the newspapers of the day, especially in the News-Letter, 
and in contemporary writings, and there is some incidental mention 
in the records of the Admiralty Court. 

Reference has already been made to the trials in the Court of 
Assistants in the later days of the Colony. In the Inter-Charter 
period the " Modest Inquiry &c." in its defence of Dudley, gives 
him the credit of having effectively cleared out such malefactors 
from the New England coasts. On the records during the Inter- 
Charter period there is a single record touching piracy, which is as 
follows : 

Dom. Rex & Whitaker and Shivorick. 

Thomas Whittaker & Nathaniell Shivorick standing comitted upon 
suspicion of Piracie <& no Evidence appeareing to prosecute, nor any 
direct matter to charge them upon relateing to y^ same were ordred to 
be discharged of theyr Imprisonment giveing Bond to be of the good 
behaviour &c'.* 

In the Suffolk Court Files there are also many papers touching 
cases of piracy.* 

^ Province Laws, x. 626. 

^ From the Records of the ''Last court of Appeales, Grand Assize, 8c 
general! Goale delivery holden (ut antea) at Boston the 2^ day of Novemb' Anno 
Jacobi Anglia &c* secando Annoq Domini 1686," fol. 13. 

* Case of Benjamin Blackleich, in 1694, late of Boston, mariner, charged 
with piratically seizing ship Good Hope, Jer. Tay, Master, off the Cape Verde 
Islands. There are seven papers — list of men aboard both ships, depositions, 
etc. (Suffolk Court Files, no. 8033). The jury found no bill, and Tay was 
"Cleared by Proclamation" in Court and in like manner subsequently dis- 
charged. The case is recorded. (Records of Superiour Court of Judicature, 
1692-1695, i. 86, 142.) There is also much pertaining to the famous John 
Baptist, with variations of name: nos. 19,755; 19,554; 28,868. See also no. 
26,283. There are also other cases: nos. 10,923 ; 11,945; vol. mlviii, no. Oa 
Besides these there are others related in different ways to Admiralty matters ; 
as for instance a copy of " Articles of Warr for Admirall, Vice AdmiraU & other 
Officers y' are in y« Duke of Brandenburg's Service " — ** Articles 6*, 7*, 8*, 



1903.] ADMIRALTY JUBISDICTION IN MASSACHUSETTS, 165 

In the Index to the Province Laws, Volume VIII., is given a list 
of the English Statutes relating to piracy and crimes upon the 
high seas. Under the Statute 28 Henry VIIL, Chapter 15, it 
was provided that the trial of pirates should be held within the 
realm and before a Commission of Oyer and Terminer and a Jury. 
The Provincial Statute of 1696, Chapter 4,^ followed largely 
the Statute of Henry and fixed a trial in cases of ^^ Piracy and 
Robbery upon the Sea," mainly as if committed upon land, before 
a Commission therein provided for with a jury, within the Prov- 
ince, settling the penalty as death, if the offence was attended 
with murder. This Statute was practically supersedejd, however, 
by the English Statutes. 

In consequence of delays occurring under the earlier Statute 
a more summary mode of trial was provided for by that of 11-12 
William IH. before a special Court without jury ; and the crime 
was made capital. Statute 4 George I., Chapter 11, gave the 
right to try piracies in the Biitish Colonies in America under the 
old Statute of Henry VIII.^ 

In the interval after the Revolution broke out and before the 
establishment of Massachusetts as a free and independent State, 
various Acts were passed by the General Court establishing Mari- 
time Courts and regulating their jurisdiction and procedure.' At 
first such courts were mainly prize courts, later they were to deal 
with questions of seamen's wages, salvage, and the usual matters 
of Admiralty jurisdiction. An appeal lay to the Superiour Court 
of Judicature and to the Congress. The civil law was to be 

14* i5th^ 32th. »» The paper (no. 28,540) is without date. Some of such 
papers have been cited in this communication. 

A case in which the Duke, ** the Great Prince of Brandenburgh/' is con- 
cerned is Paul Sharrot v. Marcellus Cocke, ** Att a Court of Assistants or 
Admiralty ... the 4*^ of August, 1681" (Second Booke of Records, fol. 
126; Records of the Court of Assistants, i. 179). The original papers in the 
case, ten in number, are in Suffolk Court Files, no. 2,031. This case is illus- 
trative of the jurisdiction of the Court of Assistants in Admiralty Matters, and 
its mode of handling them, already adverted to, so many instances of which 
appear in the first volume of its records, lately issued. It shows, too, the 
preservation of the original files of these early cases, not infrequently to be 
found in the miscellaneous collection entitled Early Court Files of Suffolk. 

1 Province Laws, i. 245, viii. 386-398. 

* Ibid, viii-, Index and Notes. 

« Ibid. V. 436-441, 462-468, 474, 503, 806-808, 930, 931, 1077, 1173-1175. 



166 THE COLONIAL SOCIETY OF MASSACHUSETTS. [April, 

followed where no special provision was otherwise made. They 
sat without a jury, though in certain controverted questions of 
fact a jury might be brought in. 

At times there was more or less friction between the Superiour 
Court of Judicature and the Courts of Admiralty, in consequence 
of the power claimed by the former to issue writs of Prohibition 
to restrain what it considered any undue exercise of jurisdiction 
by the latter. This was not unnatural, considering the difference 
in the constitution of the Courts, and the source of their authority, 
each jealous of its own prerogatives ; and some political history 
is involved with the controversies. The officers of the Crown, 
too, took offence at the exercise of such a power, and the Province 
suffered some complaint in consequence. Dummer in his Defence 
of the Charters demonstrates the legal existence of such power, 
its necessity in preserving the liberties of the people, and claims 
that it was never improperly exercised.^ The legal source of this 
power is thus given by Dummer : 

The rights of the Courts of Common Law within the Province of the 
Massachusetts to restrain the excesses of the Admiralty jurisdiction, 
are not derived fi*om their Charter, but from subsequent laws of the 
Province, confirmed afterwards by the Crown.* 

Whether the instances of its use were so infrequent as he claims 
would seem open to doubt. It would appear that it must have 
been exercised on many more occasions than he says, but only 
a careful investigation and a search of the records would reveal 
the actual fact. He may have meant only those cases which 
were important in themselves or involved some important and 
disputed point of law, disregarding those of lesser consequence. 

There is the famous case of Scollay v. Dunn, reported in full 
in Quincy,^ with subsequent Notes — where the arguments of 
Counsel and the opinions of the Judges are given. Judge Sewall 
refers to a case where the writ was issued : 

1 Cited in Washbam's Sketches of the Judicial History o( Massachusetts, 
p. 159. 

^ Defence of the New England Charters, p. 26; Qoincy's Massachusetts 
Reports, p. 82. 

' Quincy's^ Massachusetts Reports, pp. 74-83. The record of the case is 
found in Records of the Superiour Court of Judicature, 1763-64, vol. xziv. 
fol. 107. 



1903.] ADMIRALTY JURISDICTION IN MASSACHUSETTS, 167 

Jan. 29. 1716/1717 — Super' Court at Charlestown held by the 5 Jus- 
tices with their new Comissions from Gov' Shute. ... 

The afternoon was taken up with the Admiralty cause. Mr. Auch- 
muty and Smith for the Libel, Mr. Dudley and Yallentine against it. 
Court unanimous in the Prohibition.^ 

This is evidently the case of Thomas Hutchinson and others v. 
Daniel Wybourne, where the final writ to Judge Menzeis of the 
Vice-Admiralty Court is ordered to issue.^ There is also the 
earlier case of John Oulton and others v. John Stacy and others,^ 
where the writ was issued. In the same volume is another, that 
of Robart Manderson, sailor, v. John Hughs ; ^ and in John Hil- 
man and others, complainants,^ reference is made to the issue of a 
wilt to the Admiralty Court on 12 November, 1720, but the record 
of tliat case does not appear. 

In some of these cases the ground of the application and of the 
determination was that the cause of action arose in Boston, and 
not upon the sea, and that jurisdiction lay only in the local 
Courts. 

Sewall refers to another case in 1726, though the case itself does 
not appear on the Records of the Superiour Court : 

Dec' 17, 1725. 
Judge Davenport and Judge Quincy came to me with Mr. Rolf about 
a Prohibition in Mr. Robinson's Admiralty Case. 
'Tis to be Ttfd at Charlestown Court.^ 

There is a case in the Admiralty Records,^ House v. Gibbs, 
where Mr. Auchmuty pleaded to the jurisdiction of the Court. 
Nothing is said in the record about a Prohibition, but in the mar- 

1 Diary, iii. 118. 

* Records of the Superiour Court of Judicature, 1715-1721, vol. iv. fol. 169. 

* Ibid. fol. 142. To these cases I had recourse in framing a writ some 
tweuty-five years ago. The writ had several times been ordered in the Supreme 
Judicial Court to issue, as appeared from the Reports, but seemed never to have 
been actually drawn up and issued, the order for it being at once respected and 
fulfilling all purposes. No precedent was found within the days of the Com- 
monwealth. The forms found in those old cases of more than one hundred and 
fifty years before furnished concise models to work upon, which avoided the 
prolixity and cumbrousness of the English writs, too unwieldy in cases of emer 
gency and stress. 

* Ibid. fol. 259. « Ibid, fol. 338. « Diary, iii. 369. 
' Book No. 2, fol. 188, 30 January, 1724. 



168 THE COLONIAL 800TBTY OF MASSACHUSETTS. [April, 

gin under the title of the case is written Prohibition. The Court, 
however, proceeded with the case. 

In the case of Edward Durant v. Court of Admiralty, the plain- 
tiff presented an " Information and Suggestions " by his counsel 
John Read for a Writ of Prohibition, setting out that one James 
ScoUy, an officer of the Customs, styled a Waiter, ^* preferred a 
Memorial to Thomas Lechmere, Esq', Surveyor Gen\ &c," and 
" another to John Menzys, Esq', Judge of Vice Adm*^ on account 
of abuse to himself s^ James Scolly," and that a libel and com- 
plaint by Lechmere and Scolly had been brought against the plain- 
tiff, and praying ^^ that a final Prohibition be awarded forbidding 
the Judge of the Court of Admiralty to hold plea of this cause, 
14*^ June 1723." The Superiour Court on 6 June issued a tem- 
porary writ and on 7 June, ^^ after a full hearing," a final and 
peremptory Writ of Prohibition.^ As the case does not appear 
on the Admiralty Records, the Court evidently obeyed the writ. 

A letter from Samuel Shute to Lieutenant-Governor and Acting 
Governor William Dummer, of which a copy was given at the 
time, touches on the disagreements and collisions: 

St. Jambbb, June the 6th, 1726- . . . 

The affair between the Judges of the Province, and the Officers of 
the Admiralty and Customs, will be quickly brought to a Conclusion. 

It seems very strange on this side the water that the Judges should 
support any of their proceedings by Acts of Parliament that were made 
before New England was settled ; or any Acts where the Plantations 
are not mentioned within the Act. 

For where they are not specified, the Laws made in England cannot 
affect them, one way or the other. Sam^ Shdte.' 

Bearing on this subject is a copy of a ^^ Memorial of the Admi- 
ralty and Custom House Officers," dated at Boston, 8 October, 
1730, " To Gov. Jonathan Belcher Vice Admiral of His Majesties 
Provinces of the Massachusetts Bay in N. E. &c. &c.," signed by — 

Nathaniel Btfield J, F. Adm. Ja. Stevens Survet^ General 

RoB*^ AucHMUTT Advo. Oetf John Jektll, Collector. 

John Boydell Ref W" Lambert, Comp. 

Cha. Paxton Marshall Jona. Pue, Survef & Searcher 

W" Fairfax, Collector^ 

^ Records of the Superiour Court of Judicature, 1721-25, vol. v. foL 117; 
Suffolk Court Files, no. 16,958. , < Sewall*8 Letter-Book, ii. 210. 



1903.] ADMIRALTY JURISDICTION IN MASSACHUSETTS. 169 

oomplaining of the indifference of the Provincial Judges to 
breaches of Acts of Trade, and the ^* incroaching proceedings of 
such Judges." ^ 

The Admiralty records for the Provincial period, now extant or 
at least accessible and in the form of regular records, are far from 
complete. The gaps possibly could be filled to a considerable 
extent by research in the Massachusetts Archives. Among the 
records now in the Supreme Judicial Court are five books, which 
after drifting about in devious wanderings brought up a few 
years ago in the Library of the Boston Athenaeum. These were 
transmitted to the United States District Court for Massachusetts, 
by which not long ago through the courtesy of Mr, Justice Gray of 
the Supreme Court of the United States and of our associate Judge 
Francis C. Lowell they were sent to the Supreme Judicial Court, 
among whose records they have at last found their proper and 
legitimate abiding place. They bear the marks of age and hard 
usage and consist of *^ Records of Admiralty," Book No. 2, 1718- 
1726 ; a second volume *^ At a Court of Vice Admiralty holden at 
Boston," 1726-1733 ; a third "At a Court of Admiralty holden at 
Boston," 1739-1745 ; a fourth "Admiralty Book & Aco* of Sales," 
July 22, 1743 to 1765, which contains no records ; and the fifth 
"At a Court of Vice Admiralty holden at Boston," 1765-1772. 
They are full of most interesting matter and in them lies much of 
the history of Admiralty for that period. The first volume, the 
earliest, is missing, and the dates above show many gaps. 

Some extracts have been made from one of the volumes before 
mentioned, not so much for their importance as cases, as to indi- 
cate something of the variety and extent of the jurisdiction exer- 
cised, beside the more common cases involving breaches of trade 
laws, violations of treaty stipulations, frauds on the revenue, 
seamen's wages, collisions, and similar matters, that come up in 
Courts of Admiralty; and some also for a certain curious character 
or interest of their own. 

The first is a case somewhat curious as showing the enforce- 
ment in the Province of a very ancient royal right, and also the 
fact that in those early days whales still frequented Massachusetts 
Bay and that the industry of whale fishing was of value. Accord- 
ing to Blackstone — 

1 Suffolk Court Files, no. 80,898. 



170 THE COLONIAL SOCIETY OF MASSACHUSETTS. [APBIL, 

Another ancient perquisite belonging to the queen consort, mentioned 
by all our old writers, and therefore only, worthy notice, is this ; that 
on the taking of a whale on the coasts, which is a royal fish, it shall be 
divided between the King and queen ; the head only being the King's 
property, and the tail of it the queen's. De Sturgione observetur, quod 
rex ilium habebit integrum : de balena vero sufficit, si rex habeat caput, 
et regina caudam. The reason of this whimsical division, as assigned 
by our Antient records, was, to furnish the queen's wardrobe with 
whalebone.^ 

In passing, it may perhaps be questioned whether the *' Antient 
records " were as sound on natural history as on common law. 

Again he refers to the King's right to royal fish, as a branch of 
bis ordinary revenue, when either thrown ashore or caught near 
the coasts, the important regard attached to it in ancient times, its 
origin, and the claim and allowance of it in the Statute ^^de 
prssrogativa regis" (17 Edward II., Chapter 11), and also the dis- 
tinction between whale and sturgeon before mentioned.' 

Somewhat earlier than this case, one of the complaints made 
against Governor Dudley was the claim made by him under this 
ancient right : 

(Under a Pretence of drift Fish) what Whales are taken by Her 
Majesty's Subjects, he takes from them by Force, not giving them the 
Liberty of a Tryal at Common Law, but for his own Ends, decides the 
Matter in Admiralty, where his Son Paul is the Queen's Attorney and 
Advocate, thereby encroaching the whole to themselves, a thing never 
heard of before, and very much to the Prejudice of Her Majesty's good 
Subjects there, and that without Remedy.* 



Lord High'J At a Court of Admiralty holden at Boston before the 
Admiral ( Hon**!* John Menzeis Esq? July 11'^ ITIS'- 

Bassett 

June 5? 1719 James Smith Esqf Exhibited an Information in behalf of 
the Lord High Admiral of Great Britain or the Right Hon**'* the Lords 

1 Commentaries, Book i. ch. iv., citing Bracton, Britton, Fleta and Prynne« 
^ Blackstone, Book i. ch. viii. § 10. 

* Deplorable State of New England, 6 Massachusetts Historical Collections, 
vi. 39. 



1903.] ADMIRALTY JURISDICTION IN MASSACHUSETTS. 171 

Comiss? for Executing that office against W? Bassett of Sandwich 
within this Province for a certain Eoyal Fish called a Finback which 
was ejected by the Sea near that place as p Information on file more fully 
may appear. The Information was filed and allowed and Publick Noti- 
fications <& Advertisements Issued out for all Persons pretending any 
right or Interest therein to enter and maintain their respective Claims 
betwixt and the 9* day of July next ensuing or they will forever be 
excluded: Accordingly Mess? Joshua Attwood Elisha Parker and 
Obadiah Buttler lodged their Claim as on file and had a Summons for 
Witnesses to appear on the 9^ of July aforesaid in order to support and 
maintain their Claim. On the day aforesaid the Court was opened and 
the Information read Mr Auchmuty for the Claimers moved for further 
time in regard their Witnesses were not come, whereupon the Judge 
continued the Case to the 11^'' Ins! and being on that day called. Mr 
Auchmuted [Auchmuty] moved for longer time which the Advocate 
General opposed and moved for Judgement according to the terms of 
the Libel ; and the Judge pronounced this Decree Viz! 

Having considered this Libel and that tho' it be more than 
a year and a day since the Seizure of the Finback libeled no 
Person hath appeared and Instructed any Intrest therein 
albeit Several Dyets and Continuations have been Indulged 
for that effect I therefore Decern Decree and Declare that 
the Same belongs to the Lord High Admiral as one of the 
perquisites of Admiralty and Decree Col. Bassett to deliver . 
or hold compt for the value thereof to the Govemour of this 
Province as Vice Admiral and find the value thereof Subject 
and liable to the Costs of Suit taxed to four pounds eight 
shill-^ & 4* 

Sic Subscribitur 
Att'-^ John Botdell Be^ J. Menzeis J. Adm : ^ 

There are several other cases in the same volume (Records of 
Admiralty, Book No. 2) where the same right was claimed and the 
drift whale decreed to be a perquisite of the Lord High Admiral. 

LORD HIGH ADMIRAL 
r. 
MAYHEW 26 May, 1710, foL 32. 

" A Certain Whale Cast ashoar on Martha's Vineyard " — 
- 

^ Records of Admiralty, 1718-1726, Book No. 2, fols. 32, 33. 



172 THE Colonial society op Massachusetts. [Aprh^ 

ADMIRAL 

V. 

DYER &c. 19 November 1722, foL 122. 

A Libel in behalf of the Admiralty exhibited by John 
ValentLne, the Advocate General, 

^^ Complaining that the Defend*" well knowing that a Whale was 
seized as a drift whale and condemned in this Court, did afterwards cut 
from the s'^ Whale a Quantity of Blubber." 

ADMIRAL 

V. 

WHALE 14 Judo 172% foL 146. 

To recover the proceeds of a drift Whale taken off 
Martha's Vineyard — 

ADMIRAL 

V, 

WHALE 23 Augost, 1728, fol. 164. 

'' Against a drift Whale come ashoare about Scituate or 
Cohas8et" — 

Another case appears where the claimants prevailed againat the 
Admiralty. 



n. 

At a Court of Admiralty holden at Boston before the 

Hon^*^ John Menzeis Esq! 

March 2&»^ 1720. 
High Adm! \ 

vs. >• January 1719. Mt Valentine Exhibited a Libel in behalf 

Whale ) of the Lord High Admiral against Cap! Lobdell for a 

Whale drave on Shoar at the latter end of January or begining of 

February last past on ^antaskett als Hull Beach. The Information 

was allowed to be heard on the last Munday in March at 4 a Clock in 

the afternoon and in the meantime Citations and Publick Notifications 

were published for all persons Interested therein to appear at the time 

prefixed accordingly on the 28*** day of March the Court was opened 

and the Information read and Ezekel Cushion put in a Claim in behalf 

of himself and others w^^ the Judge examined into, and on the 29^ 

Curr! at 3 a Clock in the afternoon 

The Judge declared the Whale was no perquisite of Admiralty 

and that it properly belonged to the Claimors & ordered 



1003.] ADMIBALTT JUBISDICTION IN MASSACHUSETTS, 173 

them to pay the Costs in the first place & then the ace! of 
Charges which they allowed to be just out of the value. 

Sic Subscribitur 

Att'^ John Botdell Re^. J. Mekzeis Jl Adm} 

There are also a couple of cases where a controversy arose 
between persons as to their rights and interest in captured whales, 
in one of which there is a recognition of a possible right in the 
Admiralty, which, however, was not actually claimed. Both 
illustrate the style of proceeding in the Court of Admiralty. 



in. 

Griffin & Compf ^ At a Court of Admiralty holden at Boston 

V8 > bef ore.the Hon**)* John Menzeis Esqf Fe bruary 25*.** 1718 

Thomas, & alios ) 

February 19* Samuel Griffin Exhibited a Petion in behalf of himsef 
and Company Setting forth, That your Petitioner in company with 
others being at work on a large Whale on the 27*^ day of November 
last on the High Sea about a league from Cape Anne, the same did 
mortally wound in Several Places, but by reason of Stormy Winds and 
night coming on, they lost sight of her, leaving an Iron in the Body of 
said Whale with a Warp, Drug and Buoy^ That on or about the 10* day 
of December following the said Whale was found dead by Gideon 
Thomas, Arthur Low, and Robert Standford on this Coast near Marsh- 
field in the County of Plymouth, and y' Petiti' having claimed her 
and fully made out his just right & property by giving unquestionable 
Marks of his having killed her in Company with Others at the time and 
place aforesaid left her in the Custody of said Persons to be by them 
Cut up and the produce to be disposed of as your Petitioner should 
direct. And whereas your Petitioners right to the said Whale is contro- 
verted by said Salvers, notwithstanding the p'misses, he humbly prays 
your Hon' wou'd be pleased after due Citations and Monitions Issued 
out to all Persons concerned to hear and allow his Claim as above and 
by your Definitive Decree the said Whale to him and Comp? to adjudge 
as being by him and them killed on the High Sea, with such an allow- 
ance for Salvage as the Law in such Cases requires (&c 

The above Petition was filed and allowed to be served and heard the 
25* Ins! at 3 a Clock P.M. and the Judge Ordain'd Notifications to be 

^ Beoords of Admiralty, 1718-1726, Book No. 2, foL 50. 



174 THE COLONIAL SOCIETY OP MASSACHUSETTS. [Aprh, 

fixed up in the Town house in the usual Manner which was Accordingly 
done and also advertised in the Publick news paper at the Instance of 
Mr Smith who was advocate for the Petit? on the 25!^ Ins! aforesaid at 
the time appointed the Court was opened and the Defend? were called 
all whom appeard Except Sandford as also all other Persons were 
caird by the Marshal that pretended any right or Intrest in said Whale. 
Mr Valentine s^ that he appeared in behalf of the Vice-Admiral and 
moved that the Kings property might be determined (said Whale being 
then under Seizure) before any Persons right therein is determined. 
MT Smith «aid it was the Mans own Petition and not brought in by him 
by way of Libel and that the King takes claim when no Person proves 
a right and that the Petitf can try his right with no other Persons but 
the posessors. Mf Auchmuty on the same side with Mf Valentine 
s"? the Whale was Seized in behalf of the King and that there ought to 
have been Citations Issued out in his behalf and that these Defend'* ar 
made out of Colour & amuzement after more Debates as on file, 
several Depositions were taken on behalf of the Petitionr and the De- 
fend? declared the[y] durst not deliver up the Whale because she was 
under a Seizure ; Mf Smith reply'd that cou*d not alt^r the Property, 
and that the Defend? ought to be compelled by a Decree of this Court 
to deliver up the Whale to the Petit" who had the sole property and pos- 
session therein. Thereafter the Court was adjournd to the 26^^ Ins! at 
8 a Clock P.M. and being again opened at that time Mf Smith moved 
for a Decree whereupon the Judge pronounced the following Inter- 
locutory Viz! 

Having heard seen and considered this Petition with what is 
alledged on behalf of the Petitioner and the Defend*? ac- 
knowledgement and declaration as on file, as allso the 
allegations of his Majestys Intrest in the Whale Acclaim'd, 
and being therewith and with the Evidences adduced in the 
Case Maturely advised I find it proved, that the Petitioner 
and Company gave the Mortal wounds to the Whale in Con- 
troversie and whereof she dyed, I find also that by an Agree- 
ment between the Petitioner and the Defendants who had 
found her dead on Shoar, that they the Defend? were to 
break her up and to be accountable to him for the produce 
But in regard the Vice Admiral hath granted a Warrant for 
her Attachment that the produce may remain Secure until] 
his Majestys Intrest therein (as being a frift Whale) be 
determined. And that the Bone & Oyle are not as yet 
wholy prepared and Try*d for use I supercede to Adjudge 



1903.] ADMIRALTY JURISDICTION IN MASSACHUSETTS. 175 

and Decree the same to belong to and be Accountable for to 
the Petitioner until the 10^^ day of March next; and allows 
to the Defend^ to Summons John Sable that he may then 
appear in Court and alledge what he can he being the Person 
Imploy'd by the Vice Admiral in that affair as Water Bay- 
liff ; and also Ordains the Register of Court to acquaint his 
Excellency of the foresaid Dyet, that his Majestys Advocate 
General or such others as his Excellency shall think fit 
may be appointed to appear and plead his Majestys Intrest 
therein (if he any have) at that Dyet, with certification &c 
and Ordains the Defend? or Others to retain the possession 
as they now have it Untill the said Day; and finds and 
Declares the Defend*? liable to the Costs of this Suit taxed 
to £8 It 2 II 6 and Decrees them to pay the same and to have 
retention thereof in accompting for the produce primo low^ 
Sic Subscribitur 

J. Menzeis «7. Ad: 

Accordingly the Court was adjourned to the 10'** of March and John 
Sable and others were Summonsed to appear on that day and the Court 
being opened it was adjoumd to the 11 Ins! because it was Charles- 
town Court and the Lawyers cou'd not attend, on the 11 Ins* at 7 
a Clock A.M. the Court being opened M' Smith Insisted no Person 
cou'd appear in behalf of the King in this Court without his consent 
and argued very Strenously on that head, whereupon Mf Valentine 
declared he appear for one Clark then the[y] proceeded to a further TryiU 
and several Depositions were take" in the Case upon Oath, after which 
Mr Valentine moved the Case might be continued till the next morning 
at 7 a Clock in regard Clarke one of the Principal Evidences was not 
Come but was Immediately Expected ; according'f the Court was further 
adjourned till the 12*^ Ins* at the time aforesaid when Clark was three 
times Solemnly called but did not appear. Thereafter the Judge pro- 
nounced the following Definitive Decree Viz!'^ 

Having reasumed the Consideration of the Case together 
with the Oaths of the Witnesses and other Writts produced 
as Extant on file I Adhere to the former Interlocutory find- 
ing the Petitf killed the Whale in Controversy; and find 
and declare his right thereto ; and Decree the Defend^ to 
deliver to the Petitioner the whole produce of the Whale as 
belonging to him; and find that Thomas Clarke hath no 
right thereto and in regard the Defend? did acknowledge 
the Petitioners Intrest and that the same was Intrusted by 



176 THE COLONIAL SOCIETY OP MASSACHUSETTS. [April, 

him w*^ them to be prepared and try'd, that they ought to 
be liable to no part of the Charge of Prosecution, but that 
the Petitioner ought to pay the same and Decern & Decree 
him accordingly to pay the Costs taxed to £8 n 2 m 6 (as 
aforesaid) Reserving to the Petitioner to Insist against the 
other Competitors for relief of what proportion of the Ex- 
pence he hath been put to since pronouncing the first Inter- 
locutory as accords '^ Sic Subcribitur 

Att* John Botdell Ba^. J. Menzeis «71 Adm> 



IV. 

At a Court of Admiralty holden at Barnstable before the 
Hon^!- John Menzeis Esqf February 4* 1720. 
Davis &c^ January 23 Robert Robinson Esq: Exhibited a Libel in 
v^ behalf of Seth Davis of Barnstable Harpeneer and Jon- 

Sturges &tfJ j^^jj^^ Davis of the same Place Steersman whale Fisher- 
men, and others their Partners against Thomas Sturges and Joseph 
Dimick of Barnstable aforesaid Whale Fishermen, which Libel was 
filed and allowed to be heard at Barnstable on the I'' of February at 
2 a Clock p. m. and warrants Issued out accordingly. At the time and 
Place appointed the Court was opened and the Parties being present 
the Libel was read and Imports in Substance. That your Propon^ being 
on the 9'^ of January in a whale Boat with four Persons more upon the 
High Seas not far from Barnstable a Fishing for Whales between the 
said Barnstable and Cape Codd at that time upon the High Seas your 
Propon! Seth Davis being Harpeneer with his Harping Iron struck and 
wounded a large Cow Whale by means whereof your Pit)pon^ Possessed 
themselves of the said Cow Whale and to which said Harping Iron their 
Main Warp was well f astned and tackled and the said Whale being very 
large and strong your Propon*? were Obliged to call to the Defend? who 
were in another Boat near them for their assistance is taking the said 
whale and at the same time proposed to them that they should have an 
eight part for their pains and trouble (which they accepted of) and the 
said Whale in her Agonies & Strugling with your Propon? so In tangled 
the said Wharp about the Arm of one of your Appel? Men which was 
in the same boat with them that she broak his Arm And the said De- 
fend? at the desire of your Proponts and upon the terms aforesaid Did 
set in with your Proponents to work in killing of the said Whale and 

» Records of Admiralty, 1718-1726, Book No. 2, fola. 26, 27. 



1903.] ADMIRALTY JURISDICTION IN MASSACHUSETTS. 177 

soon after she dyed and was brought on Shoar at Barnstable aforesaid 
by your Appel? and the said Defend^ Sturges and Dimick and they 
Instantly cut up the said Whale together. Notwithstanding which the 
said Defend^ have Unjustly taken the said Whale int6 their Posses- 
sion and Detaine the same from your Propon? to whom of right she 
properly belonged Ac* The Defend? moved for time w*=** was allowed to 
the 2"^ Ins! at which time the Court was again opened and Mf Otis for 
the Defend^ moved for further time, and upon M' Auchmutys appear- 
ance in Court it was adjourned to the 8"^ Ins! at 8 a Clock A. M. at which 
time the Court was opened and the Parties appeared with their Advo* 
cates and Evidences who were all Examined upon Oath whose Testy* 
monys are Extant on file And After a long and full hearing on both 
Sides the Court was adjourned to the 4^ Curr! on which day the Judge 
Decreed as follows 

Having considered the Libel and Plea thereto given in by the Defend? 
together with the allegations and Declarations of both Parties as emitted 
by them, as also read heard and considered the Oaths and Depositions 
of the Evidences and others adduced in the Case, and being therewith 
and with the Grounds of the Several Claims to the Property thereof 
maturely advised, after hearing of the whole allegations answers and 
Replications made by the Attorneys on each side I find it proved That 
Jonathan Davis and Comp"^ on the day libeled struck the whale in Con- 
troversy before any other came up, and that their Iron was fast to her 
and whilst so under their Power; they called to Thomas Sturges & 
Comp*^ to come and assist them to kill for which they offered }i part, 
and that Immediately after the call he came in, but before he could get 
up so as to put in his Iron also, by Lamberts Arm in Davis's Comp^ 
being broke, the Warp was let Slip I find it also proved That Jon*; 
Davis and Comp? did continue in the pursuit for some small time in 
Comp"" with Sturges and then went on Shoar with the wounded Man, 
and Mf Sturges continued in the pursuit, and that Jon? Davis and 
Comp? did Speedily within a small time set out again to pursue their 
Game, and were Informed that Sturges had struck and killed the Whale 
with the assistance he had called in. I find also that Davis's Warp all 
the while remained fast to the whale, and that as having a right of 
Property he did work in bringing the whale to Land. I find also that 
Sturges persisted in the pursuit till the Whale was killed and was the 
first Boate that Discovered her on the Eleventh day, and that Stui*ge3 
in absence of Davis had called in two Boats to his assistance after he 
had struck the whale to which two he promised }i part. And upon the 
whole after deliberate Consideration of the various Circumstances of the 

12 



178 THE COLONIAL SOCIETY OF MASSACHUSETTS. [April, 

Case and having regard to the Custom amongst the Fishermen I De- 
clare and Decree ^ parts to pertain to the Plaintiffs and to be delivered or 
to be aecoanted for by the Defend? if disposed of, and ^ parts to pertain 
or belong to the Defend? in fall of their Interest therein, and that with 
the barthen of }i. promised to the two assisting Boats called in by him 
and find that each of the Parties had Probabilem Causam litigandi and 
therefore that the Costs of Court & Suit as the same are taxed Extend- 
ing to Seventeen pounds Seventeen Shillings and Eightpence is to be 
deducted out of the Ji parts, paid by the Plaintiffs & Defend? Propor- 
tionally according to their Interest therein. As also I Decree five pounds 
to be paid to Samuel Lambert towards the Defraying the Expence of 
his cure and as a Moderate gratification and acknowledgem! for his Mis- 
fortune to be paid out of the 8 parts proportionally and after the same 
manner I Decree the Expences of cutting up and preparing the Oyle to 
be paid out of the whole 8 parts proportionably and as to the Plaintiffs 
& Defend? their own Expences and the Extraordinary Charge they have 
been put I find them respectively liable thereto without relief from the 
other. 

Att' John Botdell BeffT J. Menzeis J. Adm.^ 

There is a case (28 June, 1720) having a sea tinge of piracy 
about it, where the petitioners, alleging — 

That on or about the 13th of April last in the Harbour of Cape Porpns 
als Arrundell, they Surprized and Seized a Sloop called the Sarah & 
Samuel in the Possession of and under the Command of Sundry Pyrates, 
which happens to be claimed by Sundry English Gentlemen at Phila- 
delphia [and] Praying that in Consideration of their good Service, Ex- 
pences and Disburstements, that they may be allowed a just and proper 
Salvage, as is Customary in like Cases &c. — 

there is entered an elaborate decree finding the sloop and cargo 
liable to salvage, and distributing the proceeds.^ 

Another extract is a copy of the Order issued by '^ His Majesty 
in Councill," upon the representation of ^' Capt Thomas Smart^ 

1 Records of Admiralty, 17ia-1726, Book No. 2, fols. 67,68. 

a Ibid, f ol. 57. 

< The Captain had an affair of honor with John Boydell, the Register of 
Court of Admiralty, as appears by the Records of the Superionr Comi of Judi- 
cature, 1718, fol. 259, Dec. AdJ«. 

Capt. Thomas Smart and John Boydell "fought a Dull upon Boston 
CoSion" — in the middle of the forenoon — each drawing his sword and Boy- 



1908.] ADMIEALTY JXJKI8DICTI0N IN MASSACHUSETTS. 



179 



Command' of His Majesty's Ship the Squirrel," which will serve 
as an illustration of certain modes of procedure and the relations 
of the New England Courts to the Crown. 



At the Court of S! James's y* 9^ May 1719. 

Present. 

The Kings most Excellent Majesty 



Lord Chancellor 


Earl of Lincoln 


Lord Vise! Cobham 


Lord President 


Earl of Westmoreland 


Lord Torrington 


Lord Privy Seal 


Earl of Carlisle 


Mf Comptroler 


Lord Chamberlain 


Earl of Radnor 


Mf Vice Chamberlain 


Dnke of Montrose 


Earl of Berkley 


Mr Secretary Craggs 


Duke of Roxbonrge 


Earl of Holderness 


Mr Chanr of y' Dutchy 


Duke of Manchester 


Earl of Bay 


Lord Cheif Just^f King 


Marq! of Annandale 


Earl of TankerviUe 


Mr Hampden 


Earl of Hallifax 


Earl of Stanhope 


Mr WUls 



Upon reading this day at the Board a Memorial from the Commiss? for 
executing y^ office of Lord High Admirall of Great Britain <&c dated 
the 2*! of Janr 1718 in y* words following Viz! — 

It having been represented to us by Gapt. Thomas Smart Com- 
mandr of His Majestys Ship the Squirrell appointed by us to attend 
on y* Government of New England, that having Seiz^l at Canso on y* 
5^^ day of Octor last, and brought with him to that Government two 
french Vessells which were fishing & trading there Contrary to y* 5*^ & 
6*** articles of y' treaty of Peace & Neutrality in America one of w*=?* ves- 
sells is a Brigantine, called y^ Katherine, and y* other a Sloop Named 
y' Abigail, als Latrois Amis, and that notwithstanding both of them 
have been condemned at y^ Court of Admiralty there, as Lawf ull Prizes 
or Seizures, and Confiscated with there Loading to his Majesty & y^ 
Said Capt. Smart as Captor allowd to dispose thereof, after appraise- 
mant, pursuant whereunto he took possession of them, The Governour of 
New England hath arbitraryly endeavoured to take them from him, and 
after y* Decree of y* Judge of y* Admiralty, Sent the Marshall of the 

dell receiving a slight wound in his arm. As a result of which they were sen- 
tenced to " pay a fine to his Majesty of Tenn pounds each, suffer f oiur and 
Twenty hours Imprisonment " and both bound over till next Court in May, the 
Captain in one hundred pounds and Boydell in fifty. 



180 THE COLONIAL SOCIETY OF MASSACHUSETTS. [APRIL, 

Vice Admiralty aboard, By Virtue of a Warrant under his own hand, 
and Seale, to take them out of his possession under pretence that his 
Security was not SuflBcient and that the Country must be answerable, 
under which pretence as the Capt" represents, he Hopes to procure a 
Grant of them from his Majesty, alledging that what Service he had 
done, was performed by his Orders and that of the Council of New Eng- 
land: We do most Humbly propose unto his Majesty, that Since the 
said two vessells, have been taken by Capt. Smart & try'd & Condemned 
by y" Court of Admiralty in New England, His Majesty will be gra- 
ciously pleas'd to extend his Bounty to him y*" Said Capt. Smart & y 
officers & Compy of y* S"* Ship y* Squirrell By permitting him to dispose 
of the Vessells with their Cargoe <& all things belonging to them & to 
grant them y*" whole produce thereof, to be divided in y*" Same Manner 
as was done y^ last warr, as an Encouragement to them for the service 
they have performed, & to other Command? & officers of His Majestys 
Ships to do their best Endeavour, to do y*" Like for y^ future, and that 
His Majesty will be also pleas'd to send his Commands to y* Governour 
of New England to Cause y* Vessells, with everything that belonged 
to them to be forthwith restored to Cap^ Smart, that so, he may be 
at Liberty to dispose of them to y* use of himself, Officers & Ships 
CompT accordingly : which is nevertheless most Humbly Submitted to 
his Majesty : 

Adm*? office By Command of their Lop* ) J. Jennings W. Chetwind 
21 Jan^ 1718 J. Bubchett ) Jo. Cockbubne, Juti Norrtss 

Cha^ Wager- 



His Majesty in councill taking y^ Same into consideration, is pleased to 
approve thereof and pursuant thereunto, to order, as it is hereby ordered, 
that the Said two vessells, taken by Capt Smart Commander of His 
Majestys Ship y* Squirrell, and which were tryed & Condemned by y* 
Court of Admiralty in New Engl be forthwith restored to Capt. Smart 
and that he be at Liberty to dispose of the said vessells w^l" their Cargoe 
& all things belonging to the same, and the whole produce thereof be 
divided among y* officers & Comp^ of y* said Ship Squirrell, in y* same 
manner as was done y^ Last warr, as an Encouragem' for y^ service they 
performed in taking y* said two Vessells : Whereof the Grovemoor or 
Command' in chief of New England for y^ time Being, and all others 
whom it may concern, are to take Notice, and Yeild due Obedience to 
his Majestys pleasure herein signified : 

RobT Stales.* 

1 Records of Admiralty, 171S-1726, Book No. 2, fol. 60. 



1903.] ADMIBALTY JUBISDICTION IN MASSACHUSETTS. 181 

The earlier story of the case is found " At a Court of Admiralty 
holden at Boston before the Hon"* John Menzeis Esq' October 
13th 1718," in "Rex vs. Sloop Abigail als Les trois Amis," on 
the hearing of a libel under "the 5th and 6th Articles of the 
Treaty of Peace and Neutrality in America Concluded between 
the Crowns of England and France the 16th day of Novemb', 1686 " 
— whereby the subjects of each are prohibited to trade and fish 
witliin the dominion of the other.^ 

There is a still earlier case under the same title, — at a Court 
holden 1 August, 1718, — on an Information under " An Act of 
Parliam' made in the seventh and eighth years of the Reign of 
King Wm 3d Intituled An Act for preventing frauds & regulating 
abuses in the Plantation Trade." ^ 

Whether it is the same vessel is not wholly clear ; in each case 
the vessel is a French sloop ; there is a similarity in the name of 
the master, which in the latter case is Martin D^tchevr^ and in the 
former Martin Chevr^ ; and where the plea put in by Auchmuty 
and Valentine sets out " That the vessel was leaky, came into 
the Port in distress had a Survey from the Governour and she 
was condemned thereupon, and break up as unserviceable." The 
cargo indicates a different employment and the alleged fate of 
the vessel seems to raise a question, but whether it was a refitting 
or a re-christening, either follows close in date. 

Another is a Libel or Information by the Collector of Customs 
for a forfeiture of sundry articles of merchandise under an earlier 
English Statute. It has also an interest as showing the status of 
negroes in the Province at that time. 



VI. 



Province of 



fh Ttr n ( ^^ ^ Court of Adm? holden at Boston before yf 

tne Massa. jjay r ^ ^^^ Menzeis Esq! Novf 10^»» 1721. 

New England ) h. . 

\ 



New England 

Rex \ 1721 Nov. 8»^ John Valentine Esqf Adv|* Gen'3 Ex- 

V8 > hibited a Lybell or Information in Behalf of y? King, 

2 Negroes &c ) the GovJ of s? Province & John Jekyl Esqf Collector 

of y? Customs for yf Port of Boston in said Province 

Whereas in the month of May last past there was Seized @ Barnstable 

1 Records of Admiralfcy, 17ia-1726, Book No. 2, fols. 12-15. 
a Ibid. fols. 5, 6. 



182 THE COLONIAL SOCIETY OP MASSACHUSETTS. [ApRil, 

<& other Places within the same province Two Negroes, Four Cask of 
Brown Sugar two Casks of Cocoa & two Pateraroes not being entered 
according to yt direction of yt Statute of yt 14'V Car? 2^ Wherefore 
the Same is Forfeited And it is Pray'd on behalfe of His Maj7 &c that 
yt p'misses be decreed <& adjucated as Confiscate by yt Hon^ Court 
to be divided according to Law, as in Such Cases is Usuall W''^ was 
allowed to be heard on the 10^ Curr\ & Notifications were Issued out 
accordingly but nobody appearing upon Proclamation being made — 

The Judge Decreed Conformable to y? Libel, and yt Effects 
were sold by Publick Vendue for £99 .i 11 n n as per 
Acct thereof on file Vido Case Lechmere vs Wines & 
Brandy But yt Charges arising there on are very Consider- 
able as may be Seen IP s^ Account 
Att^ John Boydell Re^ ^ 

There appears in the Records a receipt signed by Samuel Shute 
for the Governor's share, for " K of the Neat proceeds Arising upon 
2 Negros " and the groceries sold at public vendue, and the receipt 
of John Jekyll, the Collector, of his two-thirds of the proceeds of 
the sale.2 

Another record shows the mode of appointment of the Deputy- 
Judge of the Vice-Admiralty Court. 



vn. 

Province of the ^ At a Court of Admiralty holden at Boston on the 

Massach. Bay V 224 day of September 1722. The Deputation 

New England 3 appointing Thomas Steel Esqf Deputy Judge of 

Vice Admiralty for the Province aforesaid was read & is hereafter 
Recorded 



Thomas Steel To all People unto whom these Presents shall oome 
E®^: , John Menzeis of Leister, in the County of Middle- 

Deputation ^^ j.gqr Judge of Admiralty in the Provinces & Colonys 
of the Massachusetts Bay, New Hampshire, Rhoad Island Providence 
Plantation & the Naragansett Country or Kings Province in America 
& the Territories thereon Depending Sendeth Greeting. Whereas His 
Sacred Majesty George by the Grace of God of Great Brittain France 
& Ireland King Deff of the Faith <&c. By His Royal Commission under 

■ 

1 Records of Admiralty, 1718-1726, Book No. 2, fol. 96. 
> Ibid. fol. 83. 



1903.] ADMIRALTY JUBISDIOTION IN MASSACHUSBTTS. 183 

the Great Seal of the High Court of Admiralty of England bearing 
date the Twenty Sixth day of August One Thousand and Seven hundred 
and fifteen and in the Second Year of His Majestys Reign, Hath Con- 
stituted and Ordained me the said John Menzeis His Majestys Commis- 
sioner and Judge of the Admiralty in His Majestys Provinces & Colonys 
before Mentioned. Together with power of Deputing & Substituting in 
my Stead in the Premisses one or more Deputy or Deputies as I shall 
think fitt with all Fees &c thereto belonging According to the Custom of 
the said Court of Admiralty of Old Used & Accustomed Commanding 
& Strictly enjoyning all and Singular Lords Peers Barrons Govemours 
Knights Mayors Justices of the Peace Sheriffs Stewards Keepers of 
Goals & Prisons Bayliffs Constables & other Officers & Ministers and all 
other His Majestys Liege People in and through His Majestys Provinces 
and Colonys &c & maritime Parts thereof & thereunto adjoyning to be 
aiding & assisting and Obedient in all things as is becoming upon pain 
& Perill as shall follow thereon, as by the said Commission relation 
thereunto being had more fully plainly & particularly Appears. Now 
know ye That I the said John Menzeis Having Sufficient knowledge of 
the Ability & good Qualifications of Thomas Steel of Boston Esqf any 
great trust & Confidence in his Integrety to Discharge that Trust. By 
vertue of the said Commission to me Granted as aforesaid Have Ap- 
pointed Constituted & Surrogated and Do hereby for and during the- 
time that I shall think fitt Appoint Constitute & Surrogate the said 
Thomas Steel my Deputy as aforesaid in & through the said Province 
of the Massachusetts Bay & Maritime Parts of the Same and thereunto 
adjoyning Together with all and Singular Powers authorities Sallarys: 
Fees Profits advantages & Commodities to the said office within the said. 
Province of Massachusetts Bay & Maritime Parts of the Same in any 
manner belonging and acording to the Custom of the said Court of 
Admiralty from of Old Used & Accustomed In Witness whereof I have- 
hereunto set my hand and Seal the Thirty first day of August in the 
Ninth Year of the Reign of our Sovereign Lord George by the Grace of 
God of Great Brittain &c King And in the Year of Our Lord One 
Thousand Seven hundred Twenty & two. j Menzeis & a Seal. 

21. September 1722, Cap* Thomas Steel took and Subscribed the 
Oaths appointed to be taken Instead of the Oaths of Allegiance <& 
Supremacy and Declaration. 

Coram 

Thomas Fitch' 
JoNt Belcheb> 



^ I of the CouncUl*^ 
i) 



^ Beoords of Admiralty, 171&-1726, Book No. 2, fol. 109i 



184 THE COLONIAL SOCIETY OF MASSACHUSETTS. [April, 

The Records also show the appointments and Commissions of 
various other officers and the mode of procedure in each case. 
There is the Commission of the Marshal, Arthur Savage, recorded 
at length at the Court, 13 October, 1724.^ It is given in the name 
of his Majesty at London 1 July 1724, in the tenth year of 
George I., under ^' Sigillum Magnum Supremse Curisd Admiralitatis 
Nostrse Anglise." It is in sonorous though somewhat difficult 
Latin, wherein the combination of the classic and the vernacular 
relieves the monotony and gives a certain jerky animation of its 
own. 

Not long after follows the Commission of the Deputy Marshal, 
Daniel Goffe, dated 6 November, 1724, and read at the Court 
13 November ; it is under the hand and seal of the Marshal ; but 
deriving his authority from an humbl6r and provincial source, it 
finds the simple English tongue sufficient to invest him with all 
the duties and powers of his subordinate office. 

There is also the Deputation of Arthur Savage as Deputy Regis- 
ter, under the hand and seal of John Boydell, Register, presented 
at a Court of Vice-Admiralty before the Honorable John Menzeis, 
Judge of said Court, 30 October, 1722.^ 

At a Court held 1 November, 1723, — 

Archibald Cumings, Esq., produces a Commission appointing him 
Agent to Receive the Rights and Perquisites of Admiralty, which was 
read : Thereafter the Judge tendered the Oath De Jideli as appears by 
the Minute Book, and ordered the Commission with the Instructions 
Annexed to be Recorded, which are as follows viz^ 

The Commission is in Latin from his Majesty, with four folio 
pages of instructions annexed in English.® 

These records show the formalities observed, and also prove the 
existence of Minute Books, now no longer extant, corresponding to 
the Dockets of the present day. 

The extracts which have been given have been taken from the 
earliest book of Admiralty records now in the Supreme Judicial 
Court. The later books of record contain matter of like character. 
These volumes are full of interest and cover the field of Admi- 
ralty proceedings. They are unique in character; they have a 

1 Records of Admiralty, 1718-1726, Book No. 2, fol. 182. 
« Ibid, fol. 116. • Ibid. fol. 159. 



1903.] ADMUEIALTY JUBISDICTION IN MASSACHUSETTS. 185 

tinge of the formalities of the Civil Law. There is an elaboration, 
a minuteness, a formality, wholly unlike the concise and terse 
records of the Common Law Courts, while the fulness of detail 
turns the dry record of legal proceedings into an entertaining 
story of human action and interest. 

To treat with any approach to completeness or thoroughness the 
history of Admiralty Jurisdiction in the earlier days of Massa- 
chusetts would require much research and careful study and a 
comprehensive survey of the whole field ; for the subject is not 
wholly clear in the earlier years, the time of the Colony, and 
somewhat obscure and more or less complicated in the times 
of the Province. It would need a thorough and minute exami- 
nation of all the Massachusetts Archives, of the records of the 
Admiralty Court, of official records and documents, contemporan- 
eous writings, the accounts of the newspapers of the day, after 
they began to be issued and to supply so much material for his- 
tory, and all kindred sources of original and authentic information 
with a discriminating review of the many histoiies ; — also a study 
of the relations of the Dependency to the Mother Country, and 
likewise of the political conditions and relations subsisting at the 
different times, and all sorts of questions springing out of them ; 
as well as of the facts and causes of the legislation affecting Ad- 
miralty Jurisdiction and maritime matters in general. 

From the original and the trustworthy material thus secured 
might be worked out an authentic and satisfactory history of 
Admiralty Juiisdiction in the Colony and in the Province of the 
Massachusetts Bay. 

This paper is merely what its title purports, — a few Notes.^ 

^ The exercise of Admiralty Jurisdiction by the Court of Assistants has 
been touched upon in this paper, and cases recorded in Volume i. mentioned. 
Many original papers in such cases are among the Suffolk Court Files : nos. 
1,279; 1,417; 1,425; 1,514; 1,587; 1,672; 1,819; 1,887; 1,909; 1,932; 1,934; 
1,935; 1,939; 1,940: 1,941; 1,942; 1,943; 2,031; 2,055; 28,540 (without date); 
2,087; 2,102; 2,152 ; 2,398. There are some later files, in Ihe Superiour Court 
of Judicature, before 1700: nos. 3,123; 4,188; 98,533; 3,564; 26,145; 26,283 
26,572; and others also incidentally touching on such matters: nos. 26,660 
26,661 ; 28,225; 28,409 ; 28,437 ; 28,550 ; 28,808 ; 28,831. There are also numer- 
ous files relating to Piracy previous to or in 1700, except such as are undated 
nos. 614; 817; 826; 1,238; 1,287; 1,288; 1,390; 2,251; 2,516; 2,539; 2,520 
2,537; 2,538; 2,540; 3,010; 3,033; 3,765; 4,576; 4,682; 4,860. These are 



186 THE COLONIAL SOCIETY OF MASSACHUSETTS. [April, 

Mr. Henry H. Edes communicated some memoranda con- 
cerning Joseph Boucher de Niverville, the commander of the 
French and Indians in their attack in 1747 on Charlestown, 
New Hampshire, and his great estates in Canada, which had 
recently been received from Mr. Benjamin Suite of Ottawa. 
Mr. Suite is not only the highest authority upon all matters 
of Canadian history and genealogy, but on more than one 
occasion has evinced great interest in this Society and its 
work.^ 

The Hon. John Hay of Washington, D. C, was elected an 
Honorary Member, the Hon. William Babcock Weeden 
of Providence a Corresponding Member, and Mr. Winthrop 
HowLAND Wade of Dedham a Resident Member. 

undated: noB. 24,464; 25,978; 26,283; 26,627; 27,230; 27,989; 28,808; 
10,923 (1716); 162,286 (fragment); vol. mlviii. no. 99 (fragment). There 
are besides these, the noted cases of John Baptist, Jean Baptiste: nos. 19,554 
(2 papers); 19,755 (12 papers); 28,868; 26,283; and of Van Yorst: nos. 
11,945 (8 papers) ; 26,283 (7 papers), cited above. 

These citations, of coarse, taken, with a few casual exceptions, from the 
Calendar Index, 1629 to 1700, are not intended to be exhaustive. 

^ See the Publications of this Society, iii. 220, vi. 259-265. 



1903.] LETTEB OF JOHN HAY. 187 



ANNUAL MEETING, NOVEMBER, 1908. 

T^HE Annual Meeting of the Society was held at No. 28 
^ State Street, Boston, on Saturday, 21 November, 1903, 
at twelve o'clock, and was immediately adjourned to meet 
at the University Club, No. 270 Beacon Street, on Monday, 
23 November, at six o'clock in the afternoon. At the 
adjourned Meeting, the President, George Lyman Kit- 
TREDGE, LL.D., occupied the chair. 

The Records of the last Stated Meeting were read and 
approved. 

The Corresponding Secretary reported that since the 
last meeting letters had been received from the Hon. John 
Hay of Washington accepting Honorary Membership, from 
the Hon. William Babcock Weeden of Providence accept- 
ing Corresponding Membership, and from Mr. Winthrop 
HowLAND Wade of Dedham accepting Resident Membership. 

Mr. Hay's letter is as follows : 

Depabtmevt of State, Washivotoit. 
Mat 19, 1903. 
Dear Sm: 

I have received your letter of the 23rd of April, in which you 
inform me that I have been elected an Honorary Member of the Colo- 
nial Society of Massachusetts. I have also received the copy of the 
By-laws and of the Transactions, which you were so kind as to send me. 
I beg you will make known to the Society the sentiments of grateful 
appreciation with which I accept the distinguished honor which they 
have conferred upon me. 

I am, Sir, 

Very sincerely yours, 

John Hat. 
John Noblb, Esqniie, 

Ck>BBX8Poin>iNO Sbcbbtart, Coart House, 

BOSTOK, MA88ACHU8BTTfl. 



188 THE COLONIAL SOCIETY OF MASSACHUSETTS. [Nov- 

The Report of the Council was presented and read by the 
Rev. Edward Hale. 



REPORT OF THE COUNCIL. 

During the year now elosing five Stated Meetings have been 
held, as usual, in addition to the Annual Meeting and dinner in 
November. At these meetings, many papera and documents of 
value and interest were presented. 

A volume of Publications, devoted to the Transactions of the 
Society, and a serial part of another volume, have been distributed 
to the members. The funds available for publication have been 
increased through two gifts, — one of One hundred dollars from 
Mr. Horace Davis of San Francisco, a Corresponding Member, the 
other of Ten thousand dollars from the executors of the will of the 
late Robert Charles Billings. This second gift was secured to 
the Society through the interest in its work of Mr. Thomas Minns, 
a Resident Member of the Society and at the time of the gift one of 
the two surviving executors of the will of Mr. Billings. By the 
conditions of the gift the entire amount is to be kept as a perma- 
nent fund of ten thousand dollars, to be called the Robert Charles 
BiUings Fund, the income only to be used for publications. 

We have lost by death two Resident Members, 

William Cross Williamson, Samuel Wells; 

and one Corresponding Member, 

Joseph Williamson. 

A professional man of varied business and social interests, 
William Cross Williamson was nevertheless able to lead the 
quiet life he most enjoyed. Devoted to the study of the classics 
generally, he was known as one of the foremost students of Horace 
in this country. An occasional writer from his college days on, in 
both prose and verse, his last poem was the sonnet to his college 
classmate and chum, James Bradley Thayer, which he read at the 
memorial meeting of the Society held shortly after Mr. Thayer's 
death; while his last prose work was the memoir of his elder 
brother, Joseph Williamson, published in the October number of 
the New England Historical and Genealogical Register. 



1903.] BBPOKT OP THE COUNCIL. 189 

A leading member of the Boston Bar, Samubl Wells's ability 
and judgment not only brought him success and distinction in his 
profession but made him a valued counsellor in the many business 
and political organizations with which he was connected. Active 
for many years in philanthropic work and in reform movements, 
he took great pleasure also in scientific work, obtaining valuable 
results from his study of the use of the microscope and especially 
from its employment in photography. 

Joseph Williamson was by vocation a lawyer, by avocation a 
biographer and historian. The charming memoir by Mr. William 
C. Williamson presents a most winning portrait of a man who, a 
lover of his town and of all the country around it, for fifty years 
entered into all its everyday, practical aspects, and at the same time 
was giving testimony to a deeper interest in community and State 
which found expression in frequent aiticles and addresses on 
matters of historical importance, culminating in his magnum opu%^ 
the Bibliography of the State of Maine. 

There have been added to our Roll during the year five Resident 
Members, 

Ezra Riplet Thateb, Winthrop Murray Crane, 

John Noble, Jr., Thornton Kirkland Lothrop, 

Winthrop Howland Wadk ; 

three Corresponding Members, 

George Arthur Plimpton, William Babcock Weeden, 

WiLLiSTON Walker; 

and one Honorary Member, 

John Hat. 

It seems fitting to mention the recent death of Mr. John Wilson 
of the University Press, and to call to mind the indebtedness of 
the Society to his care and workmanship. His father, John Wilson, 
was bom in Glasgow, Scotland, at the age of twenty-one was fore- 
man of a printing-office in Edinburgh, and later took charge of an 
office at Belfast, Ireland. Here he edited the works of Bums, for 
which he wrote a memoir, and also prepared the first edition of his 
treatise on punctuation. At the end of eight years, he took charge 
of the proof-reading of the Manchester Guardian, and about 1847 
he came to Boston, bringing with him letters of introduction to the 



190 THE CJOLONIAL SOCIBTY OF MASSACHUSETTS. [Nov. 

clergy here from Dr. James Martineau. John Wilson the youngfer 
was bom at Belfast 28 August, 1826. While at Manchester he 
learned Latin, Greek, and French in the school of the Rev. John 
R. Beard, a Unitarian minister at Saltash. Leaving school at four- 
teen or fifteen, he was with his father as an apprentice for six 
years. For a year after reaching Boston, the father and the son, 
as proof-reader and as compositor, were with S. N. Dickinson and 
Company. They then started business at 21 School Street, Boston, 
about 1866 removed to Cambridge, and about 1875 bought the 
University Press. It was Mr. Wilson's sympathetic interest as 
well as his mastery of his art which set for the Publications of our 
Society their high standard of typographical beauty and fitness. 

It only remains to say that by the continued courtesy of the 
American Unitarian Association the Stated Meetings of the Society 
have been held for another year in the building of the Association. 

The Reports of the Treasurer and of the Auditing Com- 
mittee were then submitted, as follows : 

REPORT OF THE TREASURER. 

In compliance with the requirements of the By-laws, the 
Treasurer submits his Annual Report for the year ending 19 
November, 1903. 

CASH ACCOUNT. 

RECEIPTS. 

Balance, 17 November, 1902 . 1639.67 

Admission Fees $50.00 

Annual Assessments 710.00 

Interest 1,659.61 

Sales of the Society's Publications 23.10 

Miscellaneous items 9.99 

Withdrawn from Charlestown Five Cents Savings Bank . 150.00 

Mortgages, assigned or discharged 11,300.00 

Horace Davis's gift to the Publication Fund 100.00 

Executors of the will of Robert Charles Billings, to con- 
stitute a permanent fund 10,000.00 24,002.70 

124,642.37 



1903.] KEPO&T OF THE TBBASUBEB. 191 

EXPENDITURES AND imrSSTMENTS. 

University Press, printing 91>003.71 

A. W. Elson and €k>mpany, photograynre plates and plate 

printing 73.25 

Clerk hire 70.85 

Eva G. Moore, indexing 50.00 

Merchants Parcel and Express Company 28.73 

Hill, Smith and Company, stationery 7.50 

Library Bureaa, stationery 8.53 

William H. Hart» auditing 5.00 

Miscellaneous incidentals 271.88 

Deposited in Charlestown Five Cents Savings Bank . . . 150.53 
Mortgages on improved real estate in Boston .... 21,700.00 

Interest in adjustment 2U.27 «23,579.25 

Balance on deposit in State Street Trust Company of 

Boston, 19 November, 1903 1,063.12 

924,642.37 
The Funds of the Society are invested as follows : 

$35,700.00 in First Mortgages, payable in gold coin, on improved property in 
Boston and Cambridge. 
25.64 deposited in the Charlestown Five Cents Savings Bank. 
>35,725.64 

TRIAL BALANCE. 

DEBITS. 

Cash $1,063.12 

Mortgages $35,700.00 

Charlestown Five Cents Savings Bank 25.64 35,725.64 

$36,788.76 

CREDITS. 

Income $1,063.12 

Publication Fund $1,100.00 

General Fund 4,625.64 

Gould Memorial Fund 10,000.00 

Edward Wheelwright Fund 10,000.00 

Bobert Charles Billuigs Fund 10,000.00 35,725.64 

$36,788.76 

Henby H. Edes, 

Treasurer, 
Boston, 19 November, 1003. 



192 THE COLONIAL SOCIETY OF MASSACHUSETTS. [Nov. 



REPORT OF THE AUDITING COMMITTEE. 

The undersigned, a Committee appointed to examine the accounts 
of the Treasurer of The Colonial Society of Massachusetts for the 
year ending 19 November, 1908, have attended to that duty and 
report that they find them correctly kept and properly vouched, 
and that proper evidence of the investments and of the balance of 
cash on hand has been shown to us. 

Ezra R. Thayeb, 
John G. PALPREr, 

Committee. 
Boston, 20 November, 1903. 

These Reports were accepted and referred to the Com- 
mittee of Publication. 

Mr. Thomas Minns, on behalf of the Committee to nomi- 
nate officers for the ensuing year, reported the following list 
of candidates; and, a ballot being taken, these gentlemen 
were unanimously elected: 

PRESIDENT. 

GEORGE LYMAN KITTREDGE. 

VICE-PRESIDENTS. 

WILLIAM WATSON GOODWIN. 
MARCUS PERRIN KNOWLTON. 

RECORDING SECRETARY. 

HENRY WINCHESTER CUNNINGHAM- 

CORRESPONDING SECRETARY. 

JOHN NOBLE. 

TREASURER. 

HENRY HERBERT EDES. 

REGISTRAR. 

FREDERICK LEWIS GAY. 

MEMBER OF THE COUNCIL FOR THREE YEARS. 

REV. EDWARD HENRY HALL. 



1903.] BICHABD SALTONSTALL. 198 

Mr. John Noble made the following communication : 
Two original documents of interest and importance, one con- 
nected with the first and the other with the second Presidency of 
Harvard College, have been given to the public for the first time 
through this Society,^ Another is presented to-night which has to 
do with the steps taken to secure a third incumbent of the office, 
upon the death of President Chauncy. Its date is within a few 
weeks of the occurrence of the vacancy ^ and not long before the 
accession of President Hoar, who followed with a somewhat 
stormy term of office. 

The document is the formal propounding to the Governor and 
Council and to the Overseers of the College of a candidate, 
by Richard Saltonstall,^ one of the earliest and most liberal bene- 

1 Publications, iii. 415-430, v. 322-339. 

« Chauncy died 19 February, 1671-72. 

' It is not necessary to give a full account of a man so well known as Richard 
Saltonstall. He was the eldest son of Sir Richard, was born in 1610, and 
was educated but not graduated at Emmanuel College, Cambridge, the Alma 
Mater of so many of the founders of New England. He came over with his 
father in 1630, settled at Watertown, then at Ipswich after his return from a 
visit to England, and held various important positions here. He married 
Muriel Gurdon, daughter of Brampton Gurdon, and died at Hulme, Lancashire, 
29 April, 1694. (See L. Saltonstall, Ancestry and Descendants of Sir Richard. 
Saltonstall, pp. 12, 86-97.) 

An error of long standing may properly be corrected. In 1862 Savage wrote: 

For many yrs. he was not chos. Assist, bat in 1664 in hope of his com. again, the 
honor was renew, and it was erron. assert, that he had been aft in the country, bee. in 
1672 he gare £ 50. to relief of GofFe and Whalley, the regicides (Grenealogical Diction- 
ary, iv. 8). 

To the documents printed in the text, which prove that Saltonstall was in this 
country in 1672, two more may be added, — one showing that he was here in 
1671, and the other giving an approximate date for his departure for England 
in 1672. Under dates of 19 and 26 May, 1671, the Rev. William Adams wrote : 

I came to Cambr. attending on y« worshipfnl Richard Saltonstall Esqr. ... I wrote 
out 2 letters for y« worshipful Richard Saltonstall Esqr. to be sent to y« first and third 
churches of Boston endearoring to procure a reconciliation between them. Deos Hoc 
CoBptnm secundet (4 Massachusetts Historical Collections, i. 13). 

In a letter dated Charlestown, 1 June, 1672, Edward Collins, writing to 
Goffe and Whalley, said : 

These are to lett you know, that God hath moned the heart of that worthy & gracions 
gentleman, M'. Ritchard Saltonstall, who cals himself your brother, who is now gon for 
England, whom the Lord prosper in his voiage : hath left behind him for your use, the 
sura of fivty poonnds (4 Massachusetts Historical Collections, viii. 134, 135). 

Finally, there is in the Massachusetts Archives (Iviii. 72) a document whichi 

shows that Saltonstall was here on 21 August, 1671. 

13 



194 THE COLONIAL SOCIETY OF MASSACHUSETTS. [Nov. 

factors of the College and one of its wisest and staunchest friends. 
He leaves the candidate unnamed, as one to be at once recognized 
by his qualifications and fitness. Neither of the three historians of 
the College — Peirce, Quincy, or Eliot — makes any mention of the 
occurrence or any allusion to the proposed successor of the revered 
Chauncy. The question as to the identity of Saltonstall's candidate 
is somewhat puzzling. As long ago as 1861 James Savage, speaking 
of the Rev. John Knowles, said: 

On the d. of Presid. Chauncy, 1672, he was propos. to succeed him as 
head of Harv. Coll. tho. in Mather's Hist, we should not look to dis- 
cov, any thing like it, for that writer is very sparing of his facts in the 
chap. dev. to his life.^ 

It is singular that Savage should have given no authority for so 
interesting a statement. It is possible, however, that he had in 
mind a passage in the Journal of the Rev. William Adams, who 
graduated at Harvard College in 1671. Under date of 25 March, 
1672, Adams writes : 

I writt a letter for y* Governor and Mr. Saltonstall draw up by Mr. 
Cobbet to be sent to Mr. Enowles for him to be Pres. of our Harvard 
Coll. w* I [A word or two in short-hand].^ 

There can, therefore, be no reasonable doubt that the Presidency 
was offered to Knowles ; but does it necessarily follow that Knowles 
was Saltonstall's unnamed candidate ? 

John Knowles was born in Lincolnshire, and in 1623 graduated 
at Magdalene College, Cambridge, where he was the chamber- 
fellow of Richard Vines, the distinguished Puritan divine. Com- 
ing to this country in 1638 or 1639, he was ordained in 1640 and 
settled at Watertown. In 1642 and 1643 he was in Virginia, in 
. 1650 was made a freeman here, and about 1651 returned to Eng- 
land, where he spent the remainder of a long life, dying in 1684.* 

^ Genealogical Dictionary, iii. 41, 42. 

* i Massachasetts Historical Collections, i. 16. Adams refers to the Rey. 
Thomas Cobbet of Lynn and Ipswich. 

' For notices of Knowles, see Mather, Magnalia (1853), i. 589-591 ; Calamy, 
Nonconformist's Memorial (1775), ii. 349-351 ; Bond, Genealogies and History 
of Watertown, pp. 329, 10i7; C. Francis, History of Watertown, pp. 28-31 ; 
Sprague, Annals of the American Pulpit, i. 118-120; Winthrop, History of New 
England (1853), ii. 22, 94, 116 ; Johnson, Wonder-working Proyidence (1867), 
pp. xxyiii, Izzxy, 137, 178, 227 ; 1 Proceedings Massachusetts Historical Society, 



1903.] KEVBREND JOHN KNOWLES. 195 

If we compare the known facts about Knowles with the facts about 
Saltonstairs candidate, as stated by Saltonstall, three discrepancies 
appear. First, as to age. Saltonstall says : '^ Hee is aboue twenty 
years younger, than Caleb, when Caleb spake to Joshua in y*' 14 : 
of Joshua." Caleb's words are : " I am this day four score and five 
years old '* (Joshua, XIV. 10). The candidate, then, was less than 
sixty-five. In a letter written to Increase Mather 6 August, 1677, 
the Rev. William Hooke says: "M' Knowls is now about his 
76**' yeer." * This statement, coupled with the fact that Knowles 
took his A.B. degree in 1623, shows that in 1672 Knowles must 
have been about seventy. Secondly, as to Fellowship. Saltonstall 
says : " He was chosen a Fellow of his CoUedge." Knowles, as 
already stated, graduated at Magdalene College, but he was a 
Fellow of St. Catharine's College." Thirdly, Saltonstall says: 
*' This nameless person hath lived in New England, but he never 
had y' publique exercize of his proper [ ] while he lived heer." 
Under date of 9 December, 1640, Winthrop writes : 

The church at Watertown ordained Mr. KnoUes, a godly man and a 
prime scholar, pastor, and so they had now two pastors and no teacher, 
differing from the practice of the other churches, as also they did in 
their privacy, not giving notice thereof to the neighboring charches, nor 
to the magistrates, as the common practice was.' 

At the beginning, Knowles was the associate of the Rev. George 
Phillips ; on the death of Phillips in 1644, Knowles became the 
sole pastor ; and in 1647, the Rev. John Sherman was associated 
with Knowles as pastor. Knowles was called pastor by Winthrop, 
in the Watertown Records,* and elsewhere ; and it is difficult to 
see exactly how Saltonstall's statement can apply to him. On the 

zvii. 352. The date of Enowles's death is variously given as April tenth or 
November tenth, 1684. 

1 4 Massachusetts Historical Collections, viii. 584. 

* Bishop Browne of Bristol says that Knowles ** was elected a Fellow of St. 
Catharine's 1627'* (St. Catharine's College, p. 119); and £. K. Purnell states 
that Knowles <*had become Fellow of Catharine Hall" (Magdalene College, 
p, 98). 

» History of New England (1853), ii. 21, 22. 

* Watertown Records, i. 9, 16. The last allusion to Knowles is under date 
of 8 October, 1651 : 

Ordered y* M' knowles shoald haue twenty poonds for his q^ imployment (i. 23). 
Presumably, therefore, Knowles did not return to England before late in 1651. 



196 THE COLONIAL SOCIETY OF MASSACHUSETTS. [Nor. 

other hand, a word or two is omitted in the descriptipn, and per- 
haps Saltonstall intended to refer to his candidate as a teacher. 
The description in its geileral character fits Knowles quite nearly, 
and very likely the apparent discrepancies are merely due to a 
looseness of statement that might not unreasonably be expected 
under the circumstances. 
The document is as follows : 

The Description of a Worthy person humbly propounded (w* due 
subjection to better Judgments) for a President of y* CoUedge in Cam- 
bridge: and propounded to the Right WorshipfuU and Reverend Over- 
seers of the CoUedge ; w^ person for the present shall be nameless, yet 
wee doubt not but that his true and proper name, will bee known unto 
your Worshipps by his Description to be subjoyned, Whereunto, that 
y^ Coast may be clier of some slight objections (not worthy in this case 
of a* more express and particuler mention) wee shall be necessitated to 
insert and premize these following Propositions. 

First, Paul the aged, or Paul at y* age of 60, or 70 years, is not onely 
as good, but in some respects much b[ette]r; then Paul not so old by 
tenn or twenty years. Aged persons emmently righteous, by vertue of 
that promise Psalnle y* 92 : 14 : shall certainly yeild, more, better, 
sweeter, and fairer fruit, then they did, or could haue done, when they 
were not so old by 10 : or twenty years. Who would not invite Paul y* 
aged, in such a case as this of ours is, though wee could not expect his 
life and continuance with us, aboue 6 : or 7 years. If wee were to take 
a lease of lives, wee would choose rather to take a lease for y* life of 
this nameless person, than for y* life of Df Owen. 

2^1 The Scripture giveth great and weighty Caution concerning youth 
or younger men, w^*" may serue for our admonition in y^ present case. 
(Not a Novice etc:) 

[3] '^ No one man in England (old or New) hath sufficiency enough 
for [t]he two places, that is to say, the place of a Pastour, or Teacher 
to a [CJhurch ; and y* place of a President to such a growing CoUedge. 

4'?^ To rend a Pastor or Teacher fitt for Collegiate worke from any 
Church, where they are ; for y* supply of this place of President, is a 
practice most irregular, y* Consequences whereof haue been sad to 
severall Churches in this Countrey. 

6*r Every person hath his proper gift, and it is y* wisdome of any 
people to apply proper gifts, to their adequate and most proper objects, 
Ames, and Twiss considered as Schoolmen, w^ all their accademicall 
accomplishments, both of Arts and Tongues, are a pair of English 
.Worthies most Justly honoured w^ a name and place among y^ First 



1903.] PBOPOSAL BY BIGHABD 8ALT0NSTALL. 197 

three, (they were mighty men of valor for y* worke, of Y serv-ce, of the 
hoase of God. But [considejred as Preachers (in w*** respect they were 
both alike) they are [jajdged to be far short of their Inferiors. 

These things being premized, wee shall proceed unto the Character or 
Description of y* aforesaid nameless person. 

As to his years, he may be a paralell to Paul y^ aged. As to his 
naturall Care for y*" State of this Countrey in all our best and worst 
times, he may be a paralell to Timothy (that nonesuch). By his 
pregnant parts, and his Improovment thereof, in y^ Arts, and learned 
Languages, when he was a Senior Sophister in y^ University of Camebridge, 
he was thought fitt (as y* flower of his year) to be Moderator of y* 
Sophisters Schools where his worke was every day, each other weeke, in 
Terme time to make an Oration to y^ Sophisters, and other Auditors of 
all sorts, As also to moderate all Disputations, upon logicall and 
philosophicall questions, within y^ Compass of his week, in w*''' place, 
he gaue such proof of his ability, as that thereafter, he was chosen a 
Fellow of his CoUedge, and after that (even all y^ time of his residence 
in Camebridge) being a Tutor, he was honoured not onely w"" more 
Pupils, but w '' Pupills more considerable than any of his senior fellows. 
Hee is Judged by those to whome he is most and best known to have a 
singular gift for training up of youth in Univerty Learning : Witness 
the many learned pupills, w^*" Call him Tutor, (whereof one is a worthy 
eminent Elder in New England : (This nameless person, hath lived in 
New England, but he never had y* publique exercise of his proper 
[ ] while he lived heer). There are also many witnesses in this 
Countrey, that he hath a singular gift, for prudence, gravity, com- 
posednes of Spirit, moderation, and yet zeal in governing youth, w* 
grace to walk before them as a man of God. And because the worke 
of his place (as President ; if y* Lord should so dispose) is Sanctuary 
worke: wee are willing that what wee say concerning him, shall be 
either tryed by y* Touchstone; or weighed (w* a grain or two of 
allowance for his age meerly) in the ballance of the Sanctuary. It were 
a thousand pitties that such a Prophet should be without honour in his 
own Countrey, and among his own Acquaintance. 

Wee shall offer one word more about his Age w*=** is y* great objection. 
Hee is aboue twenty years younger, than Caleb, when Caleb spake to 
Joshua in y^ 14: of Joshua: and by y* good hand of God upon him in 
respect of bodily health, strength, naturall Capacities, and present fitness, 
for y^ worke and service of a President, hee (being a man of faith as 
Caleb was) may say as Caleb did Joshua 14 : 11 : I am as strong this 
day, as I was many years agoe ; as my strength was then so is it now, 
either for y* Arts, or for y* Tongues, or for training up of Pupills or for 



198 THE COLONIAL SOCIETY OF MASSACHUSETTS. [Nov. 

y* government of a Colledge (w^ all the speciall Requisites belonging 
thereunto.) And as wee said before, Paul y'' aged was as good a maa 
and better, then Paul not so old by 10 : or 20 years. 

[Endorsed] 

This motion <& Discription was p'^sented by Rich. Saltonstall £sq^ to 
y* Grou' & Council & ou'seers of y* Colledge mett in Boston 7 m'ch 71 
& Read : then & is on file for further Seasonable Consideration. 
S'*^ m'ch 71-2.^ 

Those were premises and conclusion two hundred years ago. 
Extend those premises as we may, widen the College into the great 
University and the naiTow local field into the whole country, 
broaden the qualifications for office there given into others known 
and recognized everywhere, — and we can still hold the conclusioa 
sound. 

To-night we join all friends of Harvard, — of education every- 
where, of good government in University or Nation, of progress 
and advance in the aims and achievements of all sorts and condi- 
tions of men, — in hoping that the present President of Harvard 
may round out a f uU fifty years in the Presidency, and may add as 
many more as he is willing to give. 

Mr. Henry H. Edes exhibited an original deed, given 
1 January, 1684-85, by John Alden to his youngest son 
Captain Jonathan Alden, of certain real estate in Duxbury. 
The deed was in the nature of a last will, and is as follows : 

To all people to whom these presents shall come John Allden sen : of 
y* Towne of Duxbary in y* Jurisdiction of New-piymouth in N:£ 
esquire sendeth greeting. &c. 

Know yee that I : John Allden for and in consideration of that real! 
love and parentall affection which I beare to my beloved and dutiful! 
sou Jonathan Allden Have of my oune meer motion and free will being 
y^ result of serious deliberation promised given granted aliened enfeoffed 
and confirmed and by these presents do fully absolutely and clearly 
promise give grant alien enfeoffe and conflrme from me y* s* John 
Allden my heires exequtores administratores and assignes From y^ daye 
of my Death ensuing unto him y*" s^ Jonathan Allden his heires exe- 

1 Suffolk Court Files, no. 1093. There is apparently nothing either in the 
Massachusetts Archives or in the Harvard College Records that throws light on 
this document. 



1903.] DEED GIVEN BY JOHN ALDEN. 199 

qutores administratores and assignes for ever All my upland in Dnx- 
bury aforesaid as it was Layd out by Governour Bradford mr Edward 
Winslow Joshua pratt and Edward Banges. See old booke of grantes 
and boundes of landes Anno 1637 folio 137 the boundes whereof are as 
follows : viz ffrom an old pine tree by y^ meadow side which meadow 
afterward was allotted to me y^ s*^ John Alden sen: The Breadth of s*^ 
land buttes upon and ranges along Blew fish Riyer to a burnt walnutt 
stump And from thence for y^ length to a wall-nut tree ranging from 
the aboves*^ stump west nor-west which was sometime after run by 
Joshua Pratte and philip Delano sen: unto a white oake tree standing 
a litle within y^ boundes of philip Delanoes land there being a stump or 
roots of that tree still remaining. And from thence for the breadth at 
y* head to Greenes harbour old path. And on y** southerly side of y* 
land bounded partly with my owne meadows and with y* land of Ex- 
perience michell towards y* upper end. With all my meadows lying 
between the s*^ upland and Blew fish river afores"* togather with all and 
every other parcell of land lying within y* towneship of Duxbury af ores* 
granted to me John AUden senior either by his ma:^*^ Court held in 
Plymouth aforesaid or by the s*^ towne of Duxbury. with all and singular 
the priviledges and appurtenances to all and every part or parcell of the 
above s* land viz upland and meadow be it more or lease belonging : 
togather with all my right title and Interest therein and y* housing 
thereon. TO HAVE and to hold From y* Daye of my Death For which 
God prepare me All and singular y^ above s*^ parcells of upland and 
Meadow and housing be they more or lesse with all my right and title 
in y' singular and universall priviledges and imunities to y* same in any 
wise belonging or yet accrewing unto y^ s*^ Jonathan Allden his heires 
and assignes for ever from the time above prefixed to his and their 
proper use and behoofe to be holden according to y" tenure of his 
ma:**** mannor of east Greenwich in y* County of Kent in y* realme of 
england in Free and common soccage and not in caplte nor by E^ ser- 
vice, the rents and services thereout due and of right accustomed free 
and cleare and clearly acquitted off and from all other and former 
promises guiftes grantes bargaioes sales leases mortgadges joyntures 
Dowries extents uses entailes And of and from all and singular other 
title trouble charges demands and incumbrances w^soever had made 
comitted omitted suffered or don by me the s* John Allden or by my 
heires or assignes or any other person or persones w'soever Lawfully 
clayming from by or under me or y™ or any of them. Warranting the 
title And Guift hereof against all persons whatsoever in by through or 
under me y* s'* John Allden or by my right or title lawfully clayming any 
right title or interest of or in y^ premisses or in any part or parcell 



200 THE COLONIAL SOCIETY OF MASSACHUSETXa [Nov. 

thereof w^soever. And that the s^ Jonathan AUden his heires and 
assignes and eyerie of y" shall and may by viilne of these presents from 
time to time and at all times for ever hereafter lawfully peaceably and 
quietly have hold occupie possess and enjoye all and singular y^ before 
granted premisses with their and everie of their rightes members and 
appurtenances and have receive and take all y^ rents issues and profits 
thereof to his and their oune proper use and behoofe for ever without 
any lawfull lett suit trouble deniall interruption ejection or disturbance 
of me the s"^ John Allden or my heires or assignes or any other person 
or persons w^soever Lawfully clayming from by or under me or y*^ or 
any of them or by their meanes and consent title interest privitie or 
procurement Also I the s"^ John Alden doe further covenant and 
promise with and to the s*^ Jonathan Allden that it shall and may Jbe 
lawfull to and* for the s*^ Jonathan Allden either by himself e or his 
attorney to record and inroll or cause to be recorded and inroUed y® 
title and tenure of these presents in his ma:^ Court in Newplymouth 
afores^ according to y^ usual order and maner of recording and inrolling 
deeds and evidences in such case, made and provided for And for y^ 
true performance of these premisses according to y'' time above men- 
tioned I the s"* John Allden binde my selfe my heires my exequtores 
and administratores firmly by these presents. In witness whereof I 
have hereunto set my hand and scale this first daye of January in y* 
year of our lord god one thousand six hundred eighty and four. Anno^ 
Caroli secundi: Mag: Britaniae, Galias et Hybemiffi regis : 36. 

Signed sealed and delivered, The words (And y^ housing thereon) 
in presence of us Witnesses between y* lines 25 and 26 and y* 
Ichabod Wiswalle^ words (And housing) between 27 and 28 

Dauid Allden^ were interlined before y* sealing and 

deliverie hereof. 

John Alden ( jbeal 




The Deed above mentioned was ffrely Acknowledg 
to be the ffree Act and Deed of John Alden Senior 
above Written So Acknowledg the second of Januaiy 
1684 before me William Bradford ' 

Deputy Oovemowr 

^ The Rev. Ichabod Wiswall, in whose hand the deed is written, studied at 
Harvard College between 1651 and 1654 but did not graduate, and was the 

^ David Alden was a son of John Alden. See Winsor, History of Doxbury, 
p. 214 ; Savage, Genealogical Dictionary, i. 28. 

» William Bradford was the son of Gov. William Bradford. See Winsor, 
History of Doxbury, pp. 230, 231 ; Savage, Genealogical Dictionary, i. 232. 



1908.] 



ANNUAL DINNEB. 



201 



[Endoi'8ed\ 
Col Jonathan Alden his deed 



8 years Interest 
more Interest 
more Cleard 

D more - - 

D more - - - 
more Cleard 

D more - - - 
moi*e Cleard 
more - - - 

26 Behind - 
28 Behind - - 
More - - - 



This Deed is recorded in y* 
New Booke folio 71 : 72 
p' Sam^ : Spraoub recorder 
Entrusted by Maj. Judah Alden 
March 1832 

B. Kent 
169 

Presented to Edw* T. Barker* 
by Miss M. A. Alden Duxbury 
Sept. 27*^ 1871 
pd 2= 8 = 

0= 8 = 

1 = 18 = 4 

1= 6 = 

3= = 

1 = 10 = 

8= 8 = 

1 = 16 = 6 

2= = 

0= 8 = 
0= 8 = 4 
1 = 12 = 3 



£2= 8 = 7 



8 d 
wayd lords cart ton hay 2 = 3 

Mr. Augustus Peabody Lorinq of Beverly was elected a 
Resident Member. 

After the Annual Meeting had been dissolved^ dinner was 
served. The guests of the Society were Charles William 
Eliot, William Babcock Weeden, Augustus Peabody Lor- 
ING, and Edward Field. President Kittredgb presided. 

minister of Duxbury from 1676 to his death on 23 July, 1700. See Winsor, 
History of Duxbury, pp. 180-184; Sibley, Harvard Graduates, i. 16 note, 560, 
561 ; Savage, Genealogical Dictionary, iv. 615 ; Palfrey, History of New Eng- 
land, ia. 424, 554, iv. 87. 88. 

^ The original deed is still in the possession of Mr. Barker, a descendant of 
John Alden. Mr. Barker owns a portion of the land, lying in Duxbury and 
Kingston. 



202 THE COLONIAL SOCIETY OF MASSACHUSETTS. [Di£C. 



DECEMBER MEETING, 1908. 

A Stated Meeting of the Society was held at No. 25 
Beacon Street, Boston, on Thursday, 23 December, 
1903, at three o'clock in the afternoon, the President, 
George Lyman Kittredge, LL.D., in the chair. 

The Records of the Annual Meeting in November were 
read and approved. 

The Corresponding Secretary reported that since the 
last meeting a letter had been received from Mr. Augustus 
Peabody Loring of Beverly accepting Resident Membership. 

The Rev. Henry A. Parker communicated an unpub- 
lished letter written at Assington, Suffolk, England, on 4 
April, 1636, by Muriel (Sedley) Gurdon, the wife of Bramp- 
ton Gurdon, to the wife of Governor John Winthrop. The 
letter is as follows : 

My most dear and much respected frinde I rejoyc to hear of your re- 
covery, for my daughter ^ had wrote to me of y' weaknes' w^** made your 
lettar the more wellcom to me ; the Lord oontinew y' helth to the com- 
fort of your good husbaud, and the furthering of that great worke w^ 
the lord hath called y** unto. You say y** shall not nede to informe of 
any thing consarning the countrey : having so many othar friends : I 
may say to you, so wright all the rest, that wee hear but very littell, but 
what we hear from thos which come ovar from y", and thay for the most 
parte diffar so much ayther in ther spech or in judgment, though we 
thinke well of them : yet thear is littell satlsf acttion to be had from what 
they speake : but you have so many come to y** from us I am sure you 
shall be informed of such prosedings as will greve any christien hart to 
hear : that in so short a time so many of Gods f aithfuU ministers should 
be silinced : and that which is wors ; many that semed to be zeleous doe 
yeld obedence to the inventions of men : * it will be a hard matar to 

^ This was Muriel (Gurdon) Saltonstall, the wife of Richard Saltonstall. 
* Perhaps there is here a covert allusion to Charles Chauncy, who, in Feb- 
roary of the year in which the letter was written, signed a promise of submia- 



1903.] THE WOBD PALATINE IN AMERICA. 203 

chons the good and lav the evill : I did thinke bef or it had come to this 
haith that we should have been providing to come to you — but now I 
see that my husband in regard of his many years ^ rathar thinke he hath 
a calling to suffar hear then to remove himself e : the Lord teach us 
what his will is and giv us harts to submite truly unto it and his holy 
Spirit to caiTy us throwe I give m' winthrup and y^' selfe many thanks 
for y' care of my sonne Edmound ' I did hope he would have bin of 
mor euse to have ben imployed by y** then it seme he was, the weaknes 
in his hands grew upon him not long befor he went from us, we ded 
hope the Sea would have been a good meanes to helpe it : but I rathar 
fear he is worse : my husband is desirous to give satisfaction for the 
charge he hath put you unto & with many thanks for y^' love and care : 
thus desirous to have my best respect tendred to m' winthrup and y°' 
selfe I becech the Lord to keepe us all stedf ast to the ende — 

y"' Asured frind Asingtone this 

Meriell Gubdon 4 of Aprell 

[Addressed] 

To my much respected worthy freind mrs Winthropp — the eldere at 
Boston give this 

Mr. Albert Matthews read the following paper on — 

THE WORD PALATINE IN AMERICA. 

Several years ago, in a letter to the Nation, Dr. Murray said it 
was not to the credit of American lexicographers that they left to 
their English brethren so much work that ought to have been done 
by themselves. It must be confessed that the reproof has too often 
been deserved, and an excellent illustration is afforded by the word 
Palatine. No writer on the subject of Americanisms seems to have 
noted it, the Century and the Standard are the only two dictionaries 
which even refer to American usage, the account in the Century is 

sion and conformity, as given (not with verbal accuracy) by Sprague in his 
Annals of the American Palpit, i. 110-114. 

^ Brampton Gordon was then about seventy, while his wife was fifty-two. 

« Of Edmund Gurdon, who was bom in 1616, little is known, though appar- 
ently he did not live long. He was the Edmund Gordon mentioned by Savage 
(Genealogical Dictionary, ii. 280), who came over in 1635 with his sister and 
brother-in-law, Richard Saltonstall. See pp. 193-198, above. 



204 THB COLONIAL SOCIETY OP MASSACHUSETTS. [Dec. 

incorrect, and Dr. Murray recently informed me that his readers 
had not furnished him with a single American example. Yet, in 
one way or another, the word has been in use in this country for 
nearly three centuries, and its history here is not without interest^ 
Of the several Counties Palatine that existed in England in the 
Middle Ages, but one is mentioned in the early American charters. 
The rights of the County Palatine of Durham were granted in no 
fewer than seven or eight charters.* In the Charter of Avalon, 
dated 7 April, 1623, Sir George Calvert was allowed — 

To have exercise use and enjoy the same, as any Bishop of Durham 
within the Bishopprick or County Palatine of Durham in our Eingdome 
of England hath at any time heretofore had, held, used, or enjoyed, or 
of right ought or might have had, held, used, or enjoyed.* 

In the Patent of Cai*olana, dated 30 October, 1629, Sir Robert 
Heath was allowed — 

To have exercise use & enjoy in like manner as any Bishop of Dur- 
ham within the Bp*^^ or County palatine of Durham in our Kingdomeof 
England ever heretofore had held used or enjoyed or of right ought 
or could have hold use or enjoy.* 

It was long thought that the Charter of Maryland was modelled 
on Heath's Patent of Carolana; but it is now known that the 
Maryland Charter, granted 20 June, 1632, to Cecil Calvert, second 
Baron Baltimore, was drawn by his father, George Calvert, first 
Baron Baltimore,^ and was based on Calvert's Charter of Avalon 
(1623). In the Charter of Maryland occur these words: 

. . . habendis exercendis utendis et gaudendis prout aliquis Episcopus 
Dundmensis infra Episcopatum sive Comitatum Palatinum Dunelmensem 



^ The word palatine is adapted from the French palaiin^ an adaptation of 
the Latin pahuinus ; and has been employed in England since at least as early 
as 1436. See the Oxford Dictionary. 

^ In his County Palatine of Durham (Harvard Historical Studies), Prof. 
G. T. Lapsley does not mention these American charters. 

« In J. T. Scharf s History of Maryland, i. 85. 

* North Carolina Colonial Records, i. 7. 

' George Calvert was created Baron Baltimore in 1625 and died 15 April 
1632, shortly before the Charter of Maryland was issued. 



1903.] THE WOBD PALATINE IK AMERICA. 205 

in Regno nostm Anglim anqaam antehac habait tenuit usus vel gaviBos 
foit sea de jure habere tenere uti vel gaadere debuit aut potuit.^ 

In the Patent for New Albion, granted to Sir Edmund Plowden 
21 June, 1634, occur these words : 

. . . habend' exercend' utend' & gaudend' put aliqnis Episcopus 
Dunelmens' infra Episcopatum sive Comitatum Palatinatum Dunelmense 
infra regnU nrm Angl' unquam antehac huit tenuit usus vel gavisus fuit 
seu de iure h(^re tenere uti vel gaudere debuit aut potuit Jpsumq' Edmond' 
Plowden millt' ... & eiusdem Comitem PallatinU et gubfiatorem cum 
tot tant' & tal' titiis addiccoe dignitat' & privileg' j^ p^sent' facim' cream' 
et constituim' quot quant' et qual' Georgins Calvert miles infra Provinciam 
sive comitat' Pallatin' de Avalonia infra terr' nram novam vel ut p^dcus 
dfis de Baltamore infra Maryland.^ 

In the Charter of New Hampshire granted 19 August, 1635, to 
Captain John Mason, occur the words which follow. It should be 
stated, however, that the authenticity of this Charter is in doubt. 

Wee doe give grant and confirme ... as now are or at any time here- 
tofore have been had used or enjoyed or of right ought to be or to have 
been used or enjoyed by the now or any former Bishop of Duresme 
within the Bishoprick of Duresme or the County Palatine of Duresme 
within Our Rcalme of England.* 

^ In E. Hazard, Historical Collections (1792), i. 329 An EDglish translii- 
tion is given by Scharf, History of Maryland, i. 54. Cf. the Archives of 
Maryland, iii. 18. 

' Pennsylvania Magazine (1883), vii. 57. An English translation is given 
by Hazard, Historical Collections, i. 160-169, taken from a pamphlet issued in 
1784 by Charles Varlo. In the nineteenth century this Patent was generally 
regarded as a forgery, and as late as 1899 Sir Eklmund Clarke asserted that the 
papers which Varlo brought to this country **were probably forgeries" (Dic- 
tionary of National Biography, Iviii. 154). In 1881 Mr. G. D. Scull stated 
that " in the Bodleian Library at Oxford, there is a MS. copy in Latin of the 
Letters Patent granted to Sir Edmund Plowden in Dublin " (The Evelyns in 
America, p. 361). Already, however, in 1880 *' it had occurred to Mr. Brinton 
Coxe, of Philadelphia, to have a search instituted in the proper office at Dublin 
for the same letters patent, said by Varlo to be on record in that city, and 
almost by return mail had been received the certificated copy of the paper, 
which we take satisfaction in reproducing literatim " (Pennsylvania Magazine, 
vii. 54, 55). 

» Documentary History of the State of Maine, vii. 208. Cf. J. W. Dean, 
Captain John Mason (Prince Society), p. 863. 



206 THE COLONIAL SOCIETY OF MASSACHUSETTS. [Dsa 

In Sir Ferdinando Gorges's Charter of Maine, dated 3 April, 
1639, occur the words : 

. . . together with all and singuler, and as large and ample rights, 
jurisdicons, priviledges, prerogatives, royallties, liberties, imanities, 
fraunebisses and hereditaments, ... as the Bishop of Durham within 
the Bishopricke or Ck)untie Palatine of Duressme in my Kingdome of 
England, now hath, vseth, or inioyeth, or of right ought to have, vse, 
and inioy within the said Countie Palatine.^ 

In the First Charter of Carolina, dated 24 March, 1663, will be 
found these words: 

Know ye, therefore, that we, ... by this our present Charter, . . . 
do Give, Grant and Confirm ... all that territory or tract of ground, 
... To have, use, exercise and enjoy, and in as ample manner as any 
Bishop of Durham in our Kingdom of England, ever herietofore have 
held, used or enjoyed, or of right ought or could have, use, or enjoy. ^ 

The same words, with slight variations, occur in the Second 
Charter of Carolina, dated 30 June, 1665.8 

It is thus seen that several Proprietors had Palatinate rights, 
and it would not have been at all surprising had the title Palatine 
been applied to the person or persons to whom the above charters 
were granted. Nevertheless, except in two instances, there is no 
proof that Palatine was so applied. 

Referring to Sir Ferdinando Gorges, a writer recently said : " It 
was in the year 1639 that he was created Lord Palatine of Maine."* 
Gorges spoke of himself as *' Lord Proprietor and owner of the 
Province of Maine "^ or as "Lord of the Province of Maine,"® 
while his grandson, Ferdinando Gorges, also spoke of himself as 

^ Hazard, Historical CollectioDS, i. 444. Cf, Documentary History of the 
State of Maine, vii. 225, 844-346, 351-355; Collections Maine Historical So- 
ciety, i. 400. 

' South Carolina Statutes, i. 23. Cf, North Carolina Colonial Records, 
i. 22. 

* South Carolina Statutes, i. 32 ; North Carolina Colonial Records, i. 103. 

^ Capt. Thome Greorge, in Notes and Queries, 11 July, 1903, Ninth Series, 
xii. 23. See also pp. 347, 417, 496. 

^ Hazard, Historical Collections, i. 453. 

• lUd, i. 470, 480. 



1903.] THE WORD PALATINE IN AMERICA. 207 

the " Lord Proprietor of the Province of Mayne." ^ Our associate 
Mr. James P. Baxter, whose knowledge of the history of Maine is 
unsurpassed, tells me that he has never encountered the title 
*' Lord Palatine ; " and, unless evidence to the contrary can be 
produced, it is safe to conclude that such a title waa never em- 
ployed by Gorges. 

In the Century Dictionary we read that "the same name [Pala- 
tine] is sometimes given to the proprietor of the province of Mary- 
land." Here again the statement may be regarded as erroneous, 
for the actual title employed by the Proprietor of Maryland was 
" Lord Proprietary," thus corresponding to the '^ Lord Proprietor " 
of Maine and to the " Lords Proprietors " of Carolina. Indeed, the 
word Palatine, with a single exception presently to be mentioned, 
seems never to have been used in this country as the title of a 
person before the year 1669. Among the eight original Proprietors 
of Carolina was the famous Earl of Shaftesbury, then (1663) Lord 
Ashley. In 1666 he made the acquaintance of John Locke, and in 
1669 the Fundamental Constitutions of Carolina were drawn up. 
These are generally attributed to Locke, but the exact share which 
each had in their preparation has never been determined.^ In the 
First Charter and in the Second Charter of Carolina, there was a 
clause in regard to Colonial titles of honor ; * but what was vague 
in 1663 and 1665 had become specific in 1669, and then for the 
fii-st time we meet with the titles Palatine, Landgrave, and Cacique.* 
When the Shaftesbury Papers came into the possession of the Public 

^ Docamentary History of the State of Maine, vii. 301, 302. 

^ In the Dedication to his Collection of Several Pieces of M'. John Locke, 
Never before printed, or not extant in his Works, published in 1720, Pierre 
Desmaizeanx wrote: 

My Lord Ashley, afterwards so weU known by the title of Earl of Shaftesbubt, 
was distingaish'd by an exqaisite judgment, an nncommon penetration, and a deep in- 
sight into civil affairs. The other Proprietors desir'd him to draw np the Laws neces- 
sary for the establishment of their new Colony : to which he the more readily consented, 
because he relied on the assistance of Mr. Locke, who had the good fortune to gain his 
confidence and friendship. 

See also Locke's Works (1823), x. 175-199 ; H. Williamson, History of North 
Carolina, i. 104-111 ; Dictionary of National Biography, zii. 117, xxxiv. 29. 

« North Carolina Colonial Records, i. 29, 110, 111. ' 

* See Mr. Toppan's paper on The Failure to Establish an Hereditary Politi- 
cal Aristocracy in the Colonies, read before this Society in March, 1897 (Publi- 
cations, iii. 407-415). 



208 THE COLONIAL SOCIETY OP MASSACHUSETTS. ' [DEa 

Record Office, there was found among them a draft of the Funda- 
mental Constitutions of Carolina in the handwriting of Locke. 
Two of its clauses are as follows: 

The eldest of the lords proprietors shall be palatin, & upon y* decease 
of y^ palatin y eldest of the seven surviveing proprietors shall always 
succeed him. . . . The Ghancellors Court, consisting of one of y* pro- 
prietors & his six councillers, who shall be called vice chancellors, shall 
have y"" custody of y^ seal of y® Palatinate, under wh. all charters of lands, 
or otherwise commissions & grants of y® Palatins court shall passe, etc.^ 

This document was dated 21 July, 1669, On March first, 1669- 
70, the Fundamental Constitutions received their final form. A 
few extracts will show the use of the word Palatine in Carolina. 

At a Meeting of the Propriators of Carolina held at the Cockpitt the 
21"^ of October 1669. The Duke of Albemarle was elected the fii-st 
Paliatin of Carolina.' 

At a Meeting of the Proprietors of Carolina at Sir George Carteretts 
Lodgings at Whitehall the 20*»» of January 1669[-70]. . . . Geoige 
Duke of Albemarle the first paliatin of Carolina being dead The Lord 
Berkeley being the eldest in years of the surviving proprietors suc- 
ceeded him and was admitted the second paliatin of Carolina.* 

1669-70, March 1. Whatever passes under the seal of the Palati- 
nate, shall be registered in the proprietor's court to which the matter 
therein contained, belongs.^ 

1670. Yotirselfe and the five Deputys of the respective proprietors 
are to represent the Pallatines Court and exercise the same Jurisdictions 
and powers that by our f undamentall Constitutions and forme of Govern- 
ment to that Court doth appertaine.' 

1682. To the Right Honourable William Earl of Craven Pallatine, 
and the rest of the true and absolute Lords and Proprietors of the 
Province pf Carolina/ 

1707. I shall next proceed to treat of the Government, as granted by 

^ Thirty.thu^ Annual Report of the Deputy Keeper of the Public Beoords 
(1S72), pp. 258, 262. 

' North Carolina Colonial Records, i. 179. 

* Ibid. i. 180. 

* Ibid, i. 194. 
» Ibid. i. 181. 

* S. Wilson, Account of the Province of Carolina, in B. R. Carroll, His- 
torical Collections of South Carolina, ii. 20. 



1903.] THE WOBD PALATDOS JS AMBBIGA. 209 

Charles II. to the Eight Lords Proprietors aforesaid, who again, by 
common consent, centered that Power in Fonr of them, viz. in a Pala- 
tine of their own election, and Three more who were impower'd to exe- 
cute the whole Powers of the Charter, and is call'd a Palatines Court ; 
their Deputies in Carolina executing the same, as from their Principals 
they are directed.^ 

1726. It had been usual with them to appoint a Grovemor and seven 
Deputies, called the Council, the first of which (the Governor ) repre- 
sented the Palatine, and the others the rest of the Lords Proprietors^ 
respectively, and were called the Upper House of Assembly.^ 

In Carolina the term Palatine was for over half a century in use 
as the title of a person.' Nowhere else in this country do we meet 
with that exact title. But in a single instance the title of *' Earl 
Palatine " was claimed and used. One of the most curious, roman- 
tic, and obscure episodes in the history of American colonization 
was the attempt made by Sir Edmund Plowden to found New 
Albion. The story may be briefly outlined. In or about June, 
1632, Plowden presented to Charles I. a petition — 

Humbly beseeching yo' most Excellent Ma^.' to comand the L^ Chaun- 
celor of Ireland to make to yo' subiects y' Adventurers a pattent vnd* 
yo' seale of Ireland of the saied Isle and 80 myles square of the coste 
next adjoyneing to be erected into a County Palatine called Syon to be 
held of yo' Ma"f Crowne of Ireland . . . and w*.*" the like title, dignity 
and priuiledges to Sf Edmund Plowden there as was graunted to S' 
George Caluert K\ in Newfound land by yo' Ma''?» Royall father.* 

On 24 July, 1632, Charles wrote to the Lords Justices: 

Whereas the said Petitioners have made humble Suite to us for our 
Royal Grant of the said Isle, and forty Leagues square of the adjoining 

1 J. Archdale, DeBcription of Carolina, p. 12. 

« F. Yonge, Narrative of the Proceedings of the People of South Carolina 
in the Year 1710, in B. B. Carroll, Historical Collections of South Carolina, ii. 
144. 

' In his sketch of Locke, Sir Leslie Stephen falls into the singular error of 
alluding to the Fundamental Constitutions of Carolina as '< a piece of consti- 
tution-mongering which never came into operation " (Dictionary of National 
Biography, xxxiv. 29). The Charter of 30 June, 1665, was surrendered to the 
Crown on 25 June, 1729 (South Carolina Statutes, i. 40, 41). 

* Collections of the New York Historical Society for 1869, p. 214. The 
document is without date, bnt in the Calendar of State Papers, Colonial Series, 
1574-1660, p. 154, it is assigned to "June ? " 

14 



210 THE COLONIAL SOCIETY OF MASSACHUSETTS. [Dec 

Continent to be held of ub as of oUr Crown of that our Realm of Ireland^ 
in the Nature of a County Palatine or Body-Politick by the Name of 
New Albion^ . . . Our Pleasure is, and we do hereby authorise and 
require you ... to cause a Grant of the said Isle ... to be made 

unto the Petitioners and their Heirs for ever.' 

• 

As we have already seen, the grant of New Albion was finally 
obtained 21 June, 1634.2 ^^ expedition soon came over, Plowden 
himself arrived in or about 1641, but he was driven off by the 
Swedes, and the attempted plantation proved a dire failure. After 
wandering about this country for many years, Plowden finally 
reached Boston, for under date of 4 June, 1648, we find Governor 
John Winthrop writing as follows : 

Here arrived one Sir Edmund Plowden, who had been in Virginia 
about seven years. He came first with a patent of a county Palatine 
for Delaware Bay, but wanting a pilot for that place, he went to Vir- 
ginia, and there having lost the estate he brought over, and all his 
people scattered from him, he came hither to return to England for 
supply, intending to return and plant Delaware, if he could get suffi- 
cient strength to dispossess the Swedes.' 

^ Strafford's Letters and Dispatches (1739), i. 72 ; Collections of the New 
York Historical Society for 1869, p. 219. 

« See p. 205, above. 

« History of New England (1853), ii. 396. Other references to New Albion 
and to Plowden will be found in the Collections of the New York Historical 
Society, iii. 379 ; Collections of the New York Historical Society, Second 
Series,!. 334, 335, ii. 279, 823-326; Collections of the New York Historical 
Society for 1869, pp. 8, 221, 222 ; New York Colonial Documents, i. 289, ii. 82, 
92, xii. 51 and note, xiii. 486, xiv. 57 ; Calendar of State Papers, Colonial 
Series, 1574-1660, p. 336 ; Ibid., 1675-1676, p. 85 ; Archives of Maryland, iii. 
873 ; S. Smith, History of New Jersey (1765), pp. 24, 24-32 notes; J. Penington, 
in Memoirs of the Historical Society of Pennsylvania, iv. (i.) 132-165 ; T. F. 
Gordon, History of New Jersey, pp. 17, 18, 333 ; Gentleman's Magazine, August, 
1840, pp. 163-167; L Mickle, Reminiscences of Old Gloucester (1845), p. 95; 
Collections of the New Jersey Historical Society, i. 8 ; Proceedings of the New 
Jersey Historical Society, vi. 25 ; S. Hazard, Annals of Pennsylvania, pp. 36-38. 
109-112; Notes and Queries, First Series, iv. 58, 165, 319-322, ix. 301, 302; 
J. R. Brodhead, History of the State of New York, i. 140 note, 381, 484, 485, 
754, 755 ; E. D. Neill, Founders of Maryland, p. 57 note ; E. D. Neill, in Pennsyl- 
vania Magazine, v. 206-216, 424, 425 ; Pennsylvania Magazine, vii. 346-349 ; 
F. B. Lee, New Jersey as Colony and State, i. 75-84 ; E. Hazard, Historical 
Collections, i. 170-174; I. S. Mulford, Civil and Political History of New Jer- 



1903.] THE WORD PALATINE IN AMERICA. 211 

But however unsnccesaf ul Plowden was in his efforts to settle 
a colony here, he at least succeeded in coining a new title for 
America — that of "Earl Palatine." 

1634, December 20. Whereas our Sovereign Lord King Charles, by 
his highnesses letters-patent, under the great seal of Ireland, bearing date 
the one-and-twentienth day of June, 1634, hath granted and confiimed 
to Us, , . . the said title of Earl Palatine, and office of governor.^ 

1641. Sir Edmund our noble Grovernour and Lord Earl Palatine, 
... is sufficiently instructed of the state of the country, and people 
there. . . . And truly I beleeve, my Lord of Ballamore wil be glad of 
my Lord Palatines Plantation and assistance against any enemy or bad 
neighbour.* 

1648. Now there be four other Lord Proprietors that have Palatine 
jurisdiction granted, and Provinces in the West-India Isles, Florida and 
Maryland, and as free as the Bishop of Durliam had, but none have a 
speciall creation of an Earle Palatine, but ours of Neto Albion.^ 

1655, July 29. I, S' Edmund Plowden of Wansted in the county of 
Southton Knight, Lord, Earle Palatine, Governor and Captain Generall 
of the Province of New Albion.* 

The sequel of Plowden's attempt at colonization was singular. 
Shortly before the outbreak of the Revolutionary War, Charles 
Varlo bought one-third of the Charter of New Albion. The times 
not being then propitious, Varlo waited until 1784, when he issued 
a pamphlet and inserted in a London newspaper an advertisement 
which reads in part as follows : 

To be lett, in the finest part of America, on leases of lives renewable 
for ever, in such fixed farms as may be agreed on, the estates of the 

sey, pp. 67-75 ; W. Nelson, Fifty Years of Historical Work in New Jersey, pp. 
10, 11 and note. The only fall and accurate account of *' this curious episode in 
the history of English colonization in America " will be found in 6. B. Keen's 
Note on New Albion in the Narrative and Critical History of America, ill. 
455-468. 

^ Hazard, Historical Collections, i. 172, 173. 

« R. Evelin, in B. Plantagenet, Description of the Province of New Albion 
(1837), pp. 21, 23. (Force's Tracts and Other Papers, ii.) 

* B. Plantagenet, Ibid. p. 13. Who Beauchamp Plantagenet was, has never 
been discovered. Plantagenet's pamphlet was reprinted at Oxford, England, in 
1881 by G. D. Scull in his Evelyns in America, pp. 67-115, and at Rochester, 
New York, in 1898 by G. P. Humphrey in his American Colonial Tracts. 

* Pennsylvania Magazine, vii. 51. 



212 THE COLONIAL SOCIETY OF MASSACHUSETTS. [Dec. 

Earl Palatine of Albion, consisting of Long-Island, together with 120 
miles square on the continent, one side of which joins the sea from 
Sandy-Hook to Cape May, called New-Albion. This Province is not 
one of the 13 included^ in the articles of peace between the Congress 
and England. . . . The lands are good, and will be let very cheap to 
industrious tenants. The charter, and conditions of letting the lands, 
&c. are printed in a pamphlet, price one shilling, sold by Mr. Reynell, 
printer. No. 11, Piccadilly, London. Letters post paid, and signed with 
real names, directed for E. P. at the said printer's, will be answered 
to the purpose, by the Agent to the Earl of Albion.* 

In May of the same year Varlo, according to his own account, 
"broke up housekeeping in Sloane-Square, where I then resided, 
and with my family embarked for America, invested with proper 
power as Governor to the Province of New Albion." * He reached 
Philadelphia July twenty-fourth,* circulated his pamphlet called 

^ l8 it possible that we have here the origin of the joke about New Jei'sey's 
not being within the United States? 

^ Massachasetts Centinel, 14 August, 1784, p. 2/3. The extract in the text 
is preceded by the followlDg : 

As a paper in the style of a Prodamatim, and signed Albion, has lately made its 
appearance in Philadelphia, and excited the curiosity of the puUick—'we may perhaps stand 
excused for inserting the following advertisement, copied from the London Evening Post of 
the 2M of January last. 

These extracts, together with others from Varlo's writings, were printed by 
Mr. William Eelby in the Pennsylvania Magazine, vii. 346-349 ; but the words 
"directed for E. P." are wrongly given as ** directed for E. F." Presumably 
the initials ** E. P." stand for "Earl Palatine." 

• Pennsylvania Magazine, vii. 348. 

^ The following extract from the Massachusetts Centinel of 14 August, 
1784^ has not, so far as I am aware, been reprinted : 

PHILADELPHIA, July 28. 

Saturday last the brigantine Bloodhonnd, Capt. Rawbottom, arrived here in eight 
weeks from London. ... 

Id the above vessels arrived a nnmber of respectable paBsengers, among which 
Charles Varlo, Esq ; Governor, and Proprietor (agreeable to charter) of New Albion, 
which province inclndes Long Island and forty leagues square in the Jerseys. 

It is very remarkable that this is only the third Governor since King Charles the Fiist 
granted the charter. — Earl of Albion, the second Governor, being killed by the Indians, 
the copy of the charter was lost, and even the name of the province foi^t, until the 
present heir, being a Peer in Ireland, found the original charter registered among the 
records of that kingdom. 

The present Governor, we are told, is a natural genius, and a literary roan — having 
invented many improvements in agriculture ; and is also the author of a valuable work, 
called, "The New System of husbandry;" and has also employed his pen in defence 
of the Americans in the late contest (p. 2/2). 



1903.] THE WORD PALATINE IN AMERICA. 213 

The Finest Part of America,^ and employed William Rawle of 
Philadelphia as counsel ; but of course lus effort to establish his 
claim was futile. 

The uses of the word Palatine thus far considered long ago be- 
came obsolete in this country except historically. There is, how- 
ever, still another meaning of the word, though curiously enough 
this has apparently not yet found its way into the dictionaries. ^ 
Explanations differ as to why many Germans emigrated from the 
Palatinate of the Rhine to England in the first decade of the 
eighteenth century, but such an exodus did take place in 1708.^ 
Of the Palatines who then came to England, some were sent to 
Ireland, others to Carolina, and still others to New York, while in 
later years emigrants came to this country in lai^e numbers. This 
sense of the word is illustrated by the extracts which follow. 

1709, June 18. 'Tis said a brief was then ordered for a collection in 
London and Middlesex to releive the poor Palatines, and that the commis- 
sioners of trade and plantations are to take care of them till the West 
India fleet goes, when they are to embark for Nevis and St. Christopher's, 
to repeople those islands destroyed by the French.^ 

^ The pamphlet is rare, but there is a copy (lacking the title-page) in the 
Washington Collection in the Boston Athenaeum. 

* Since this sentence was written, the section of the Oxford Dictionary con- 
taining the word Palatine has been published. Dr. Murray gives one earlier 
citation (dated 1708) than those in the text for the word Palatine in this sense. 
He also shows that the word Palatinate has occasionally been employed in the 
same sense and quotes examples from the London Gazette (1709) and the Critic 
(1890). The same word is also found in H. F. Reddall's Fact, Fancy, 
and Fable (1889): 

Palatinates. Peraecated ProtestaDtes who emigrated from the Upper and Lower 
Palatinate in Germany, in the seventeenth century, to Pennsylvania (p. 396). 

* See, besides the references in the text, Burnet, History of His Own Times 
(1809), iv. 280, 281, 314, 315 ; H. Williamson, History of North Carolina, i. 
178-186, 275-281 ; S. Earl, The Palatines and their Settlement in the Valley of 
the Upper Mohawk, in Transactions of the Oneida Historical Society (1881), 
pp. 31-51; A. D. Mellick, German Emigration to the American Colonies, in the 
Pennsylvania Magazine, x. 241-250, 375-391; T. F. Chambers, The Early 
Germans of New Jersey (1895) ; S. H. Cobb, Story of the Palatines (1897) ; 
C. B. Todd, Story of the Palatines, in Lippincott's Magazine (1883), xxxi. 
242-252. 

* N. Luttrell, Brief Relation of State Affairs (1857), vi. 454. 



214 THE COLONIAL SOCIETY OP MASSACHUSETTS. [Dec. 

1709, July 23. 800 more poor Palatines are arrived [in London], so 
that the whole number here is about 8000.^ 

1709, August 9. The commissioners for providing for the poor Pala- 
tines, upon inspecting the subscriptions of the nobility and gentry, find 
that about 15,000L is already given for their support; abundance of 
them are gone hence in waggons for Chester, to embark for Ireland, and 
the rest designed for that kingdom will speedily follow.* 

1709, August 30. If it shall not be thought Convenient to settle the 
whole number of the poor Palatines on the Island of Jamaica, We offer 
to Your Lord^ consideration. That such of them as shall not otherwise 
be disposed of may conveniently be settled upon Hudson's River in the 
Province of New York.* 

1709, September 3. To the 2"* Proposal relating to the poor Pala- 
tines that shall be transported into North Carolina, It was resolv'd that 
their Lordships will not undertake to provide them with all provisions 
they shall want but they will give directions to their Receiver Gen- 
eral to supply the Palatines with such provisions as he shall have of 
their Lordships in his hands and may be spared from the necessary use 
of the government at the same rates he received them.^ 

1710, June 16. I arrived here [New York] two days ago. We want 
still three of the Palatin Ships & those arrived are in a deplorable sickly 
condition.* 

1710. Lastly, We humbly offer, that the said PalaJtinea^ upon their 
Arrival there, be naturalized, without Fee or Reward.* 

1710, November 11. At this Time^ I have occasion to remind you of 
one [benefit from Queen Anne], that iSy that Addition to your Wealth and 
Strength by the Settling of the Palatines amojigst youj by her Majesty's 
signal Bounty^ and at her Expence.'' 

1711, October 15. On the 22nd of the last month some towns of the 
Tuscaruro Indians and other Nations . . . began a barbarous Massacre, 
on the Inhabitants of the Frontier plantations, killing ... 60 English 
and upwards of that number of Swiss and palatines.^ 

1 X. Luttrell, Brief Relation of State Affairs (1857) vi. 467. 
« Ibid. vi. 474. Cf vi. 413, 472, 473. 

• New York Colonial Documents, v. 87. Cf v. 44. 

• North Carolina Oolonial Records, i. 718. 

^ R. Hunter, New York Colonial Documents, ▼. 165. This early attributive 
use of Palatine may be noted. 

• Journal of the Votes and Proceedings of the General Assembly of the 
Colony of New York (1764), i. 284. 

^ R. Hunter, in Journals of the Votes and Proceedings of the General Assembly 
of the Colony of New York, i. 284. 

> A. Spotswood, Official Letters (1882), i. 116. It was in this massacre that 



1903.] THE WOBD PALATINE IN AMERICA. 215 

1711, October 23. Ordered^ That y* Secretary acquaint y* Assembly 
that his Excellency . . . did . • . Disband y^ fforces . . . against 
Canada Retaineing in pay one hundred and ffifty men . . . and That he 
will compleat their number out of y^ Palatines. ^ 

1717, September 9. Capt. Richmond, Capt Towor, & Capt. Eyers, 
waited upon the Board with the List of the Palatines they had Imported 
he|:e [Philadelphia] from London.^ 

1724. Beyond this are seated the Colony of Germans or Palatines^ 
with Allowance of good Quantities of rich Land.' 

1727, September 21. A Paper being drawn up to be signed by those 
Palatines, who should come into this Provinc with an Intention to settle 
therein, . • . was this day presented, read & approved, & is in these 
Words : 

We Subscribers, Natiyes and late Inhabitants of the Palatinate upon the 
Rhine & Places adjacent, having transported ourselves and Families into this 
Province of Pensilvania, ... Do Solemnly promise & Engage, that We will be 
faithful & bear true Allegiance to his present MAJESTY KING GEORGE 
THE SECOND.* 

Run away Yesterday from Francis Smith of Evesham in the County 
of Burlington^ a Servant Man named John Haversach^ aged about 40 
Years, of middle Stature, has had the Small-Pox, his Complexion ruddy, 
brown Hair and a whitish Beard ; He is by Birth a Palatine, but has 
travelled in the Armies by Land in Prance^ Spain^ Germany^ Italy^ 
Turkey^ England and Scotland^ and can speak their Languages; he 
speaks English indifferently well.' 

1735, July 26. On Sunday last arrived two hundred Palatines.* 
1739. RAN-at(;ay on the 23d of May last^ ... a Dutch Palatine 
Servant Man, named Jacob Lasant^ about 20 Years of Age, of middle 

John Lawson, the surveyor, lost his life. His New Account of Carolina was 
published in 1709. 

1 Journal of the Legislative Council of the Colony of New York (1861),. 
i. 323. 

^ Pennsylvania Colonial Records, iii. 29. 

* H. Jones, Present State of Virginia, p. 59. 

* Pennsylvania Colonial Records, iii. 283. For other references to the Pala- 
tine emigrantB into Pennsylvania, see Ibid. iii. 241, 282, 284, 285, 287, 288, 290, 
322, 323, 327-329, 831, 332, 367, 368, 385, 386, 413, 414, 416, 417, 431, 452-458, 
465, 466, 515-619, 524, 568, 570, 593, 597; iv. 58, 59, 72, 99, 315; v. 1U2, 140; 
vi. 170-175. 

* Pennsylvania Gazette, 13-20 June, 1734, in New Jersey Archives, xi. 347. 

* South Carolina Gazette, in E. McCrady's History of South Carolina under 
Royal Government (1899), p. 129. 



216 THE COLONIAL SOCIETY 07 MASSACHUSETTS. [Dec. 

Stature and well set, ... he can speak very good Fi*enchy and pretends 
to be a Butcher.^ 

1754, November 13, A Sickness prevailing in the Town [Phila- 
delphia] (tho' no formal Information has been given of it by any of the 
Citizens), owing to the Unheal tbiness of the Vessels and the Palatine 
Passengers that have arrived this Year, the Secretary was ordered to 
desire the Doctors to visit all the Palatine Ships now in Harbour, and 
all the Houses within the City where any such Palatines had been 
entertained, and to make their Report to the Groveruor this Day in 
Council; . . • 

Ordered^ Tlyit Mr. Bourne, the Health Officer, should immediately 
give Notice to all the Captains and Owners of Palatine Vessels now in 
Harbour not to land any Bedding or Sick Palatines within a Mile of the 
City.» 

1760. For, in or about this time [1711], the Jesuits among the French 
had instigated the Indians in the southern parts to fall on the English, 
as they did in the back parts of Pennsylvania, — where they butchered 
great numbers of the Palatines, — and extended their slaughters to 
Virginia and Carolina.* 

1884. The " Palatines," or Grerman fugitives from the Palatinate, 
. . . did not enter Maryland in any numbers until towards the middle 
of the eighteenth century.* 

1899. The Germans — Palatines, as they are styled in the quotation 
from the Gazette — who thus worked their way were called Redemption- 
ers, and from them have come some of our best citizens.' 

1901. So many of its [Rhenish Palatinate's] inhabitants fled that in 
America all German immigrants were called Palatines, and we even 
encounter in colonial records that nondescript '^A Palatine from 
Holsteyn." • 

1901. Indeed, later in the [eighteenth] century when speculation had 
taken possession of ocean transportation, sickness was so unfailing a 
concomitant of the journey that ship-fever was generally known in 
Philadelphia as " Palatine fever." ' 

1 American Weekly Mercury, 31 May-7 June, 1739, in New Jersey Archives, 
xi. 669. 

^ Pennsylvania Colonial Records, vi. 169. 

' S. Niles, 4 Massachusetts Historical Collections, v. 332. See p. 214, above. 

4 W. H. Browne, Maryland, p. 181. 

^ E. McCrady, History of South Carolina under Royal Government, p. 129. 

• Lucy F. Bittinger, The Germans in Colonial Times, p. 6. 

^ O. Euhns, The German and Swiss Settlements of Colonial Pennsylvania! 
p. 71. 



1903.] THE WORD PALATINE IN AMERICA. 217 

1901. As early as 1710 some Palatines came into the province and 
settled in that [Frederick] county. ... In 1735 Daniel Dulany offered 
sufficiently favorable terms to induce about one hundred families recently 
arrived from the Palatinate to settle on some of his land in the same 
county.^ 

It may be added that as a place-name Palatine still survives, 
there now being towns, villages, or hamlets named Palatine in 
Illinois, Kansas, New Jersey, New York, and West Virginia. 
There is also a townland called Palatine in County Carlow, 
Ireland.2 

The traditions of the Palatine Light and of the shipwreck of a 
Palatine vessel at Block Island deserve consideration, as they have 
passed into literature, having inspired the elder Dana,^ Whittier,* 
Colonel Higginson,^ and the Rev. Edward E. Hale.® Though these 
traditions without doubt existed in the eighteenth century, they do 
not seem to have found their way into print until about a century 
ago, and their origin is veiled in obscurity. The earliest mention I 
have found of them is in the following passages : 

^ N. D. Mereness, Maryland as a Proprietary. Provinoe p. 122. 

^ For allusions to the Palatines in Ireland, under dates of 1756, 1776, and 
1778, see J. Wesley, Works (1826), ii. 342^344, iv. 14; A. Young, Tour in 
Ireland (1780), ii. 123, 138, 151 ; L. Tyerman, Life and Times of J. Wesley, ii. 
146, 238, 354. 

• The Buccaneer, Poems (1827), pp. 1^2. In his Preface, Dana says : 

I shall not name the island off onr New England coast npon which these events 
happened and these strange appearances were seen ; for islanders are the most sensitive 
creatores in the world in all that relates to their places of abode (p. vi). 

In spite of this reticence, there can be no doubt that Dana had Block Island 
in mind, though there is no allusion to the Palatines. Cf, stanzas, i, Ii, lii, 
Iviii, Ixix, Ixxi, xc, xci, cxi, cxv-cxvii. 

^ The Palatine, Atlantic Monthly for January, 1867, xix. 51-53; Poetical 
Works (1888), iv. 274-278. Mr. Pickard says : ** In a note to Mrs. Fields he 
[Whittier] gives the first hint of his ballad ' The Palatine,' August 18, 1867 " 
(Life and Letters of Whittier, ii. 526, 527). As the poem was printed in Janu- 
ary, 1867, it is evident that Mr. Pickard has made a sligAt error in dating the 
letter. 

< The Last Palatine Light, in The Afternoon Landscape (1880), pp. 50-63. 
I am indebted to Mr. Andrew McF. Davis for this reference. 

' Christmas in Narragansett (1884), pp. 284-293. Again I am indebted to 
Mr. Davis for the reference. 



218 THE COLONIAL SOdBTY OF MASSACHUSETTS. [Dec- 

To the Editors of the Medical Repository. 

If the following articles are deemed of sufficient importance, you are 
at liberty to give them a place in your valuable publication. 

Aabon C. Willet. 
Block-Islandy June 25, 1810. 

5. Jack O'Lanthorn. 

I purpose to send you, shortly, an account of a singular and cnrious 
phenomenon which is sometimes seen on the ocean near this place. It 
is a wandering, lambent flame, which has long astonished ignorance and 
superstition, and I believe, will not a little rack the ingenuity of phi- 
losophy to afford a satisfactory explanation.^ 

The account which Dr. Willey promised to send " shortly " was 
not written until a year and a half later and was not printed until 
1813, in which year there appeared a long article from which the 
following extracts are drawn : 

Metheobic appearance called the Palatine Light. 
(^By Aaron C. Wiley,) 

Block Island, December 10, 1811. 

. . . This curious irradiation arises from the ocean near the northern 
part of the island. Its appearance is nothing different from that of a 
blaze of fire. It beams with various magnitude ; being sometimes small, 
resembling the light of a distant window, at others expanded to the 
bigness of a ship with all her canvass spread. ... It actually diffuses 
the luminous principle. A gentleman, whose house is situated near the 
sea, informs me, that he has known it to illuminate considerably the 
walls of his room through the windows. It approaches within half a 
mile of the shore, at others is seen blazing at six or seven miles dis- 
tance. It has been discovered from the adjoining part of the continent, 
and at first, mistaken for a vessel or building on fire. . . . The first 
time I beheld it was evening twilight, in February, 1810. It was large, 
and gently lambent; very bright, broad at the base, and terminated 
acutely upward. From each side seemed to issue rays of faint light, 
similar to those perceptible in any blaze placed in the open air, and viewed 
in the night It continned about fifteen minutes from the time I first 
observed it, and then slowly became smaller and more dim till it was 

1 Medical Repository for February, March, and April, 1811, Third Hexade. 
ii. 387, 389. 



1903.] THE WORD PALATINE IN AMERICA. 219 

entirely extinguished. I saw it again in the evening of December the 
20th. It was then small. At first I supposed it to be a light on board 
of some vessel. . . . 

This lucid motion is known by the name of the Palatine Light. By 
the ignorant and superstitious it is thought to be supernatural. Its ap- 
pellation originated from that of a ship called the Palatine, which was 
designedly cast away at this place in the beginning of the last century, 
in order to conceal, as tradition reports, the murder and inhuman treat- 
ment of the unfortunate passengers. From this time it is said the PaJor 
tine Light began to appear ; and there are many who firmly believe it 
to be a ship on fire, while their fantastic and distempered imaginations 
figure masts, ropes, and flowing sails. 

The cause of this ** wavering brightness " is a curious subject for 
philosophical investigation. ... I have stated facts, but feel a reluct- 
ance to hazard any speculations. These I leave to you [Dr. Samuel L. 
Mitchill] and other erudiate researchers of created matter.^ 

A story not unlike the above, but with some gruesome additions, 
was told to Whittier by Joseph P. Hazard of Rhode Island and 
formed the basis of Whittier's poem. Variations of course occur. 
About two years after his poem was printed, Whittier received a 
letter from Benjamin Corydon of Napoli, New York, in which that 
gentleman said : 

The " Palatine *' was a ship that was driven upon Block Island, in a 
storm, more than a hundred years ago. Her people had just got ashore, and 
were on their knees thanking God for saving them from drowning, when 
the islanders rushed upon them and murdered them all. That was a little 
more than the Almighty could stand, so He sent the Fire or Phantom 
Ship to let them know he had not forgotten their wickedness. She was 
seen once a year, on the same night of the year on which the murders oc- 
curred, as long as any of the wreckers were living ; but never after all 
were dead. I have seen her eight or ten times — perhaps more — in 
my early days. It is seventy years or more since she was last seen. 
My father lived right opposite Block Island, on the main land, so we had 

1 Medical Repository (1813), New Series, i. 408-410. Dr. WiUey's letter is 
printed in Arnold's History of Rhode Island (1860), il 88-91, from the Rhode 
Island Republican of 16 March, 1836, taken from the Parthenon. Thi^ last, I 
suppose, was a magazine of that name published in New York in 1827, but of 
which I have found no copy. Dr. Willey's letter is also printed in several of 
the books referred to in a note on p. 220, below. It was addressed to Dr. S. L. 
Mitchill (not Mitchell, as usually given). 



220 THE COLONIAL SOCIETY OF MASSACHUSETTS. [Dec. 

a fair view of her as she passed down by the island; then she would 
disappear. She resembled a fall-rigged ship, with her sails all set and 
all ablaze. It was the grandest sight I ever saw in my life. I know of 
only two living who ever saw her, — Benjamin L. Enowles, of Rhode 
Island, now 94 years old, and myself, now in my 92d year.^ 

Mr. Corydon was mistaken in thinking that he and Mr. Knowles 
were the only two then living who had seen the Palatine Light 
and that it had not been observed for a period of seventy years.* 

That a vessel bringing Palatines was wrecked at Block Island 
in the eighteenth century seems certain, but unfortunately no one 
has yet been able to show eijiactly when. It is rather singular 
that one of the first Palatine vessels which came to New York was 
wrecked. We have already seen that Governor Hunter reached 
New York on 14 June, 1710.* On 24 July he wrote : 

By a small vessell bound for Lisbon I gave your Lordships notice of 
our arrival here, since that time all the Palatine ships separated by the 
weather are arrived safe except the Herbert Frigat where our Tents 
and arms are, she was cast away on the East end of Long Island on the 
7^ of July, the men are safe, but our goods much damaged.^ 

The east end of Long Island is very near Block Island, 
In 1887 our associate Mr. Andrew McF. Davis wrote : 

I have recently met with a reference to the wreck in a letter which, 
unfortunately, is not dated, bat which must have been written between 

1 In Picard's Life and Letters of Whittier, ii. 527, 528. 

* For other references to the Palatine Light and the Palatine Ship, see W. P. 
Sheffield, Historical Sketch of Block Island (1876), pp. 87-46 ; S. T. Liver- 
more, History of Block Island (1877), pp. 112-126; S. G. Arnold, History 
of Rhode Island, ii. 68, 69 ; O. Kuhns, The German and Swiss Settlements 
of Colonial Pennsylvania (1901), p. 72; H. T. Beckwith, in Historical Maga- 
zine (1858), ii. 98-106; C. Lanman, in Harper's Magazine (1876), liii. 168- 
178; C. Lanman, Recollections of Curious Characters and Pleasant Places 
(1881), pp. 296-804 ; C. B. Todd, in Harper's Magazine (1882), xxi. 537, 541- 
548; Block Island, R. L, A Summer at Sea (1883), pp. 1, 6; E. E. Pettee, 
Block Island, R. L (1884), pp. 96-104 ; A. W. Brown, in New England Maga- 
zine (1888), vi. 107-125; The American (1890), xx. 868-369; S. W. Mendum, 
in New England Magazine (1897), New Series, xvi. 738-761. Prof. Henry W. 
Haynes has kindly sent me several references. 

* See p. 214, above. 

* New York Colonial Documents, v. 166. 



1903.] THE WOBD PALATINE IN AMEBIGA. 221 

1732 and 1740, with strong probability that it was written in November, 
1736.^ 

At a meeting of this society in March, 1893," Mr. Henry H. Edes 
quoted from a letter written 24 April, 1740, by Peter Faneuil of 
Boston to Peter Baynton of Philadelphia, in which Faneuil said : 

This accompanies Gapt Burgess Hall, who carries with him to your 
parts two unfortunate Palatine women that were some time ago ship- 
wrecked in their voyage from £arope to your place.* 

But once more we are not told exactly when and where the ship- 
wreck took place. 

In a letter dated 21 May, 1742, and " wrote at Sea between Long 
& Block Island, 20 miles from New London, in America,'' John P. 
Meurer said : 

To-day we came to and sailed between Long and Block Island . . • 
our captain not being certain what course to take for New London, went 
on board a sloop near us and engaged the pilot to take us in. When he 
came on board and saw so many passengers, he inquired who we were 
and fix>m whence we came. When informed, he stated that he had vis- 
ited Marienborn and had lived some years at Koenigsberg. He has 
been here 17 years, and came over with 270 passengers who were cast 
away. ... He also said, the year before, a ship came from Europe with 
passengers and Just before making the land almost all of them died, and 
were buried, sometimes 20 — 30 — 40 in one hole.* 

^ PenDsylvaoia Magazine, xi. 244. Elsewhere Mr. Davis writes : 

In looking over the Colman papers, I found a reference to a contribntion collected by 

Colman in behalf of some shipwrecked Palatines on Block Island (Publications of this 

Society, i. 12). 

« Publications, i. 114. 

' In L. M. Sargent's Dealings with the Dead, ii. 519. Other instances of the 
conTeying of Palatines from Boston to Philadelphia are known. Under date of 
30 November, 1780, we read:. 

A List was presented of the names of Twenty four Palatines, who with their Fami- 
lies, making in all about Fifty two Persons, were imported here in the Ship Joyce, 
William Ford, Master, from Boston (Pennsylvania Colonial Records, iii. 389). 

Again, under date of 15 May, 1732, we read : 

Thirteen Palatines, who with their Families, making in all Persons, were im- 
ported here in the Ship Norris, Thomas Lloyd, Mar., from Boston, did this day take & 
Subscribe the Effect of the Oaths of Allegiance, Supremacy & Abjuration ; and likewise 
did repeat and Sign the Declaration inserted in the Minute of the 21st September, 1727 
{Ibid. iii. 429). 

^ Pennsylvania Magazine, xi. 248. 



222 THE COLONIAL SOCIETY OF MASSACHUSETTS. [Dec. 

This shipwreck must have occurred in 1725, but we are not told 
where that pilot lived — whether on Block Island or on Long Island* 
It has not hitherto been pointed out, in discussions relating to 
the wreck of a Palatine vessel, that in 1731 a ship bearing the sin- 
gularly inappropriate name of Loving Unity, of Falmouth, England, 
sailed from Rotterdam for Philadelphia. Jacob Lobb, the master 
of the ship, treated the passengers with great cruelty and the vessel 
was put into Martha's Vinejrard, where the Palatines were detained 
a long time and their sufferings became the subject of litigation.^ 

1 Under date of 29 December, 1731, we read in the Massachusetts House 
Journals : 

A Petition sign'd Philip Bongarden, in the Name and hehalf of snndiy poor dis- 
tressed PdUuines, now at Martha*» Vineyard, within this Province, setting forth, That 
they were hitelj brought into said Martha*» Vineyard from Rotterdam, in the Ship Lov- 
ing Unity, Jacob Lobb Commander, with whom they entred into a written Agreement 
at Rotterdam aforesaid, for their Passage from thence to Philadelphia (a Copy of which 
said Agreement was therewith exhibited, translated into English) That the said Captain 
had in a most barbarons manner dealt with the Petitioners in their Voyage ; praying, 
that the Court would Order, that the said Capt. Lobb may be obliged to answer for the 
Injuries, Wrongs and Abuses by him done and offered as therein mentioned ; as also, 
that he may be obliged to comply with his Contract, for the transporting the Petitioners 
and their Goods to Philadelphia, and that they may meet with such other Relief as shall 
be agreeable to Justice (p. 42).^ 

In the Proyince Laws we get a somewhat more detailed account : 

A Petition of Philip Bongarden in behalf of divers distressed Palatines lately 
arrived at Martha's Vineyard from Holland in the Ship loving Unity of Falmouth 
Jacob Lobb master, complaining of the cruel & Inhuman Usage they have had from 
the s'l Master, by means of w^ One Hundred of their Company are already dead & the 
survivors in a very sick & languishiog Condition, wautiog all the necessaries of Life but 
what they receive from the Charity of the People of Martha's Vineyard ; praying that 
the Master may be obliged to fulfill his Contract by carrying them to Philadelphia 
where they were bound, & that they may have such other Keleif as this Court in their 
Goodness shall judge fitt (xi. 631). 

From still another source we learn that on 28 March, 1732, the agents for 
the Palatines presented to the Council — 

A Memorial . . . further complaining of great hardships brought upon those People 
at Martha's Vineyard by Capt? Lobb, who is bound to save the Town of Edgartown 

1 On 80 December, 1731, it was — 

Ordered, That William Shertey Saq ; be daaired to be of Coancfl to Mr. PkUip Bongarden, and 
aadBt him in aeeking Belief for the Palatinea (in whoae behalf he appears) in the legal and oostonaxy 
Way in snch Oaaea (Ifiasaaohnaetta Houae Jonmals, p. 43). 

It is interesting to note the name of Shirley. He is generally said to have come to this 
country in or about 1733. As a matter of fact, he reached Boston 27 October, 1731 (6 Masaa- 
chasetts Historical Collections, vi. 21), and this was doubtless one of the first of his public 
employments. Philip Bongarden was one of the foreign Protestants naturalized 7 December, 
1731 (Massachusetts Archives, Council Records, is. 335). 



1903.] THE WORD PALATINE IN AMERICA. 223 

It was a case not of wreck but of cruelty and of alleged murder on 
the part of Captain Lobb.* It is barely possible that this actual 

from anj charge by reason of their being there, bat now refuses to paj the charge of 
their snbsistance, bj which means they are threatened by the People there to be im- 
prisoned and sold to satisfie for that charge, complaining also of Payn and Zacchens 
May hew Esq? two of his Majesty's Justices of the Peace at Martha's Vineyard for their 
encoaraging and abetting Capt? Lobb in his Cruelty (Massachosetts Archives, Coancil 
Records, ix. 356). 

For further informatioa in regard to these Palatines at Martha's Yineyardf 
see the Massachusetts House Journals, 6 January, 1735-36, p. 200; Massachu- 
setts Province Laws, xi. 671, 778, 784, xii. 250; Massachusetts Archives, Council 
Becords, ix. 352, 353, 357, 369, 309, 403, 404, 482, 485, 486. 

1 On 20 March, 1731-32, Gov. Belcher wrote in a letter to Gov. Gordon of 
Pennsylvania : 

I recommended the matter to the Gen" Assembly (then sitting) who voted the snr- 
viving remnant of 'em a charity of £200, and directed M' Shirley (one of our coancellors 
at law) to prosecute Lahb, which he has done in the Court of Admiralty, and inclos'd is 
the Judge's decree thereon ; and upon receipt of your letter I communicated it to his 
Majesty's Council, who referr'd it (with a new complaint) to the Superiour Justices of 
this Province, who have directed him to appear (by the inclos'd order) at their next 
Court. I am afraid this wicked monster will escape a halter, which I shou'd think too 
easy a punishment for so many murders as he seems to me justly chargeable with (6 
Massachusetts Historical CoUections, vi 109). 

In 1859 Joseph Willard wrote : 

Two indictments were found against Lobb at the April Term of the Superior Court 
in Barnstable. . . . Lobb was charged with occasioning the death of Johannes Young- 
man, about two years of age, son of John Didrick Youngman ; and Jacob Comes, jun., 
about the age of nine years, a Palatine, son of Jacob Comes, — by detaining them on 
board the vessel after she reached Holmes's Hole ; that the child Youngman was infirm 
and sickly, and languished and died by reason of not being furnished by Lobb with suffi- 
cient food to sustain life ; and that Comes also died of hunger. According to the al- 
legations in the indictment, Lobb was under contract to supply the passengers with 
provisions for the voyage. The jury returned verdicts in favor of the captain (1 Pro- 
ceedings of the Massachusetts Historical Society, iv. 355). 

It may not be without interest to conclude this account of the Palatines with 
an instance of improper conduct on the part not of the officers of the vessel but 
of the Palatines themselves. The following appeared in the Boston News- 
Letter of 27 Octpber - 2 November, 1732: 

Philadelphia, Octob. 19. Last Sunday arrived here Capt. Ty°^^i^°' in 17 Weeks 
from Rotterdam, with 820 Palatines, 44 died in the Passage. About 3 Weeks ago, the 
Passengers dissatisfied with the length of the Voyage, were so imprudent as to make a 
Mutiny, and being the stronger Party have ever since had the Government of the Vessel, 
giWng Orders among themselves to the Captain and Sailors, who were threatned with 
Death in case of Disobedience. Thus having Sight of Land, they carried the Vessel 
twice backwards and forwards between our Capes and Virginia, looking for a Place to 



224 THE OOLOKIAIi SOCIETY OF MASSACHUSETTS. [3)ec. 

case of ill-treatment at Martha's Vineyard has been combined with 
the wreck of a vessel at Block Island, of which the record is now 
lost, to produce the traditions which for so long a time have held 
such sway. 

These stories of the Palatine Light and of the Palatine ship are of 
course curious rather than important, but a hunt in search of 
baffling details is sometimes of interest. This paper may fitly close 
with a paragraph recently stumbled on in a Boston newspaper: 

Sole Survhtob of the Palatine. 

Mrs. Viola Sands Hazard, thought to be the oldest woman in Rhode 
Island, is dead at her home in Wakefield, R. I., at the age of 105 years. 
She was known as the only descendant of the sole survivor of the ship 
Palatine, which was wrecked at Block Island in the eighteenth century, 
and which has become celebrated as the '' Phantom ship " in Whittier*8 
poem.^ 

On behalf of Mr. Worthington C. Ford, Mr. Henry H. 
Edes communicated copies of some verses on the death of 
Increase Nowell in 1655, of Governor Endicott in 1665, and 
of Henry Withington in 1666, and of the Epitaph of William 
Pole of Dorchester, who died in 1675,* These follow. 



go ashore they knew not where. At length thej compelled the Sailors to cast Anchor 
near Cape May, and eight of them took the Boat by force aud went ashore, from whence 
they have been five Days coming up by Land to this Place, where they found the Ship 
arriv'd. Those concem'd in taking the Boat are committed to Prison (New Jersey 
Archives, xi. 300). 

It is possible that this account throws some light on a tradition set forth by 
a writer in the Pennsylvania Magazine, xi. 506, 507. 

^ Boston Evening Transcript, 15 December, 1003, p. 2/5. From her name, 
Mrs. Hazard was presumably a Sands, a family long connected with Block 
Island. 

^ These verses were found in a small manuscript volumd in the Boston 
Public Library. On the inside of the cover are written the words : 

Lemuel Clap 
His Book 
1754 

In a different hand is written the following : 



1903.] VERSES ON INCREASE NOWELL. 226 

I. 

Verses made on the death of M' nowell : * by rodger clap : ^ 

1 
When graue and godly men decaye 
and turne unto the dust 
who pillars were wheir they did live 
lay this to harte we must 

2 

Most graue and worthy pillars sure 
of late god have tooke doune 
Let us now moume for they are gone 
Who haue bin as our crowne 

8 

Those golden pillars which were first 
plast doune this land with in 
by god himself e sure for our good, 
of late remou*d have bin 

4 
graue wintrup • he is gone from us 
who noble was in fame 
and dodlow * to that worthy one 
who was much like the same 

This book was the account & memorandam book of Elder Saml Clap, the oldest 
child of Capt. Roger Clap 

Eben Clapp Jr 

On the first page it is stated that " Samuel Clap : (the sone of Rogar Clap) 
was borne, the. 11. of octobar: (1634.);" and on the second page is the 
following entry : 

my father. Cap* Roger Clap aged 82 years died the. 2: febarj : 1690. or. 91. 

1 Increase Nowell, long the Secretary of the Colony, came to this country 
in 1630, and died 1 November, 1655 (Savage, Genealogical Dictionary, iii. 295; 
Wynian's Genealogies and Estates of Charlestown, ii. 710). 

* Born in England in 1609, Roger Clap came to this country in 1630, set- 
tled at Dorchester, was made Captain of the Castle at Boston in 1665, and 
died 2 February, 1690-91. The Memoirs of Capt. Roger Clap, written by 
himself, were published by Prince in 1731, and have since been reprinted sev- 
eral times. Savage (Genealogical Dictionary, i. 390) erroneously gives the 
date of Capt. Clap's death as 2 February, 1692. 

• Governor Winthrop died 26 Ma]'ch, 1649. 

^ Presumably Governor Thomas Dudley, who died 31 July, 1653. 

15 



/ 



226 THE COLONIAL SOCIBTY OF MASSACHUSETTS. [Dsa 

5 

And hibbins ^ to with flint * like wise 
o Let us not for gett 
with Glouer* to the last of all 
let us remember yet 

6 

And let us all lament the lost 
of him who now is gone 
blessed nowell. mongst majestrats 
he all ways have bin one. 



These twenty flue years which ar past 
A jnstis he have bin 
in all causes desir'd that truth 
most clearly might be seen 

8 

He was a man sound in the truth 
sincear one did loue him 
he was sincear the saints of god 
his loue was great to them 

9 

He dearly lou'd the word of god 
and prechars of the same 
wheir leckturs weir the cans great was 
if he not thither came 

10 

He redy was to spend him selfe 
for god and 's peoples good 
if erar did at all spring up 
for truth he euar stood 

^ William Hibbins of Boston died 23 July, 1654 (Savage, Genealogical Dic- 
tionary, ii. 409). 

^ Thomas Flint of Concord died 8 November, 1658 (Savage, Genealogical 
Dictionary, ii. 174). He was a leading citizen of Concord, a Representative 
and an Assistant. 

* John Glover of Dorchester died in 1654 (Savage, Genealogical Dictionary, 
ii. 261). 



1903.] VEB8ES ON INCREASE NOWELL. 227 

11 

The lost of Buch a man as this 

we haae caase to lament 

such strocks as theese ar sure from him 

who cals us to repent 

12 

The plantars ould that hetfaar came 
to settell in this place 
the best that first were planted here 
do drop a way a pace 

18 

The lost of such as now are gone 
in court it ould appeare 
had not the lord made a supply 
of those that do him f eare 

14 

O Let us pray to god for those 
who majestrats yet bee 
the gracious presens of our god 
in court o let us see 

15 

Yee fathers graue and worthy sirs 
with us that do remaine 
Unite as ene in harte and tongue 
it will be all our gaine 

16 

Up hold the truth as you have done 
gainst those that shall oppose 
and crush all sin and so we shall 
in harts still with you cloose 

This blessed saint that now is gone 
he is at peace and rest 
whilst we are wrastling heare be lowe 
he happy is and blest 



228 THE COLONIAL SOCIETY OF MASSACHUSETTS, [Dec. 

18 

The Boule of blessed nowell now 
is fil'd with glory bright 
and sees the face of his sweet Christ 
Oh that's a blessed sight 

19 

O blessed Lord prepare us all 
who thine eleckt on's bee 
and take us lord unto thy selfe 
thy blessed face to see 

20 

Then shall wee hallilugah. sing 
where plesures euer bee 
our harts desire we have when that 
our souls are fil'd with thee 



n. \ 

Upon the death of our honourable Grouemour Jo^p Endicot esq! who 
departed this Life on the 15 of the (1 m°) (1665) ano^now resteUi with 
the lord. 

When god doth take our pillars dowt*^ 

which have been strong and bold ^ 

our priuiledge and gouernment 

sincerely to uphold 

Is it not then a uoice from god 

to ail and euery one ' 

returne to god, consider well 

the euills we have done 

V 

When god doth take the counsellor 
and judge from us away 
repent and turne unto the lord 
that others giue he may 

If god should now depart from us 
as justly we may feare 
noe and alase. our misery 
sad will it be then heere 



i 



1903.] YEBSES ON GOVEBNOB JOHN ENDICOTT. 229 

Thifi worthy that is gone from us 
how famous hath he been 
still to uphold our gouernment 
in Cambridge once was seen 

When some did striue to hinder much 
the worke we were aboute 
most zealously he did then for 
election cry out 

And did preuaile through gods rich grace 
the worke was sweetly done 
then did the hearts of saints rejoyce 
when they the field had won 

An ancient majistrate was he, 
the first sure that was heere 
a man of zeale and courage too 
as allways did appeare 

He did not f eare the face of man 
nor daunted would he be 
he feared the everliuing god 
and punnish siune would he 

He was our gonemor : he had 
a graue and goodly face 
a man of worth and godlines 
most fit for such a place 

This worthy man is gone from us 
that was of such renowne 
hee 's now with god and christ aboue 
and hath receiued his crowne 

O happy man in happines 
for ever must he bee 
he still beholds the face of christ 
that 's happines to see 

So shall it be one day with all 

that god doe glorify 

that hold fast truth, and hate sin's shall 

be lifted up on high 



230 THE COLONIAL SOCIETY OF MASSACHUSETTS. [Dkc. 

But sure the way to be aduanct 
is in heart to be low 
and to reforme without delay 
all sin that we doe know 

Newengland sinnes doe cry aloud 
and witnes to our face 
we are declined : there are sprung up 
some of a wicked race 

These doe corrupt, and will still more 
lest majistrates step in 
and elders too : with gods sharp sword 
to hew down euery sinne 

And others too : all that f eare god 
reprouing one another 
most louingly to win : lest god 
us punnish all together 

And let us all look up to god 
that he would bless us still 
providing us a gouernor 
according to his will 

A man of courage fearing god 
yet humble meek and low 
a man that loue's this gouemment 
on him blessings will flow 

And on the churches all through out 
they would rejoyce and sing 
Yea, praise the lord for his rich grace 
and honour would the king 

Who hath appointed us to choose 
our gouernors yearly 
a priuiledge sure of great worth 
that 's to be prized high 

If god doe help us in our choice 
that we doe all agree 
this yeare to put men in their place 
then happy people wee 



1903.] VEBSB8 ON ELDER HENBY WITHINGTOK. 231 

If all our honourable pillars 
that are in magistry 
unite as one to saue the whole 
then churches shall not dy 

This is our hope, this is our prayer 
that euen so it bee 
that god may stay, and not depart 
then blest forever wee 



m. 

Upon the death of Eldar withington ' who departed this Life the 2 
of the 12 m® (1666) and now resteth with the lord. 

When Eldars graue and rulars bee 
from us remou'd a way 
god cals : repent and turn lest hee 
should send an euell day: 

Such eldars as mil well : god doth 
appoynt them honner dubble 
we shall prouoke the lord if by 
our sins we do them trouble 

Alas how have we greu'd them all 
who haue our rullars bin 
by trutlesnes * and ways of sin 
O let us mourn now then 

And say to god o parden us 
and spare thou yet the rest 
of our deare eldars that remaine 
let them and us be blest 

And do thou lord of thy rich grace 
a man for us prepare 
with gifts and parts : to rule thy house 
in Christ let him have share. 

^ Henry Withington of Dorchester (Savage, Genealogical Dictionary, iv. 
618; Records of the First Church at Dorchester, 1891, p. 9; Boston Record 
Commissioners' Reports, xzi. 27). 

* This word is obscure. 



232 THE COLONIAL SOCIETY OF MASSACHUSETTS. [Dec \ 

I 
What tho we haae such enimise 
Yet we shall sare preuaile 
by faith in Christ, for he haue crusht 
theire head : so they shall quaile 

Then let us now both church and toune 
our resolution tacke 
to deue to god and fly from sin 
and Christ our captin make 

that our youth ould now begin 
to thinke who must suckseed 
our anchant on's religious 
of such theire will be need 

For if religion do decaye 
god quickly will depart 
and judgments great O and alas 
will breacke a godly hart 

Then yonge on's you must be the men 
that must up hold gods truth 
the ould on's dy : o come to christ 
sarve god now in your youth 

Then you '11 be fit for place of rule 
or for to be ruled 

then god will blese you whilst you Hue 
and saue your soule when dead 

So hath he done the blessed soule 
of our deare withington 
when saints shall rise to meet the lord 
he then sure will be one 

Then sons and daftars emraitat 
your deare and louing father 
in godlynes o com not short 
but do exceed him rather 

And be as kind unto his deare 
for deare she is to god 

1 mean his deare and louing wife ^ 
whilst she have heare abode 

1 In 1662 Henry Withington married, for his second wife, Margaret, the 
widow of Richard Paul. She died 20 May, 1676. 



1903.] EPITAPH ON WILLIAM POLK. 238 

Then god will bless you and also 
you all will haue reuowne 
walk in his steps and then you shall 
also reseve a crowne : 

M' William Pole ^ his epitaph made by his owne hand who died, the 
24. of thel2m«: (1674) 

Hoe earths Inhabitant : its worth thy stay 

to take a dead mans lesson by the way 
I was, what now thou art ; and thou shalt bee 

what I am now : thy self, behold in mee 
Death wilbe greuious when thou com'st to dy 

the way to ease it, is to leame to dy 
sin is the sting of death : there wrings the shooe 

dy first to sin, and death no hurt can doe 
now goe thy way ; but stay : take one more word 

thy staff for ought thoa know'st, stands next the dore 
death is the dore, yea dore of heau'n or hell 

be warn'd, be arm'd, beleeue, repent, farewell. 

W: P. 

^ See Savage, Genealogical Dictionary, iii. 455; Boston Record Commis- 
sioners' Reports, zxi. 28. A somewhat different version of this epitaph is given 
by James Blake in his Annals of the Town of Dorchester (pp. 26, 27), written 
about 1750, where we read : 

This year Died Mr. WiUiam Pole, of whom y« Records thus Speak. " Mr. WiUiam 
Pole, that sage, Reved. Picas man of God, departed this life Febr. 24th, 1674." He 
was Clerk of j« Writs & Regester of Births, Deaths & Marriages in Dorchester about 
10 years; and often Schoohnaster in borchester. Upon his Tomb it is thus written. 

The Epitaph of William Pole, which he himself made while he 

was yet living, in Remembrance of his own Death, and left 

it to be Engraven on his Tomb, so that being Dead 

he might warn Posterity. 

Or a Besemblanoe of a Dead man bespeaking y« Reader. 

Uo Passenger, 't is worth thy Pains to stay 

And talce a Dead inans Lesson by y« Way. 

I was what now thou an, & thou slialt be 

What I am now, what odds Uwixt me A thee I 

Now go thy way; but stay, take one word more, 

Thy Staff for ought thou know*st Stands next }-« Door. 

Death is ye Door, y* Door of Heaven or Hell : 

Be warn'd, be arm'd, Beliene, Repent, Farewell. 

He Died Febr. 24th, 1674; Aged 81 years. 
The epitaph cat on the gravestone differs from both of the above versions, 
and gives the date of death as 25 February, 1674 (Annual Report of the Boston 
Cemetery Department for 190i-1905, p. 230). 



284 THE COLONIAL SOCIETY OF MA8SACHTT8ETT8. [Dec. 

Mr. Edes communicated a letter written by Benedict 
Arnold to Miss Mercy ScoUay* of Boston, concerning the 
education of the children of Joseph Warren. The letter is as 
follows. 

Philad* July IS"* 1778 
Dear Madam, 

About three months Bince I was informed by Doctor Townshend' 
that my late worthy friend Greneral Warren left his affairs unsettled, 
and that after paying his debts a very small matter if anything would 
be left for the Education of his Children,* who, to my great surprize 
I find have been entirely neglected by the State — I wrote Dr Towns- 
hend, desiring him (if the friends of the children would consent) to take 
care of the Education of the second Son & youngest daughter, who, 
I am informed by Mr. Hancock^ is at present in your charge — As I 
find that Dr. Townsend has joined the Army, permit me to beg the 
favour of your continuing your care of the daughter & that you will at 
present take charge of the Education of the Son — I make no doubt 
that his Relations will consent to that he should be under your Care — 

My intention is to use my Interest with Congress to provide for the 

^ Miss Mercy Soollay was a daughter of John Scollay and a sister of Col. 
William Scollay. The original of Arnold's letter ib owned by Miss Mary A. 
Bigelow, a daughter of the late Dr. Jacob Bigelow. In 1817 Dr. Bigelow 
married Mary Soollay, daughter of Col. William Scollay. See Publications of 
this Society, v. 209 noto, 210 note, 213 note ; 1 Proceedings of the Massachusetts 
Historical Society, xvii. 417 ; Memoir of Henry J. Bigelow (1900), p. 5. 

* For a notice of David Townsend, who graduated at Harvard College in 
1770, see Memorials of the Massachusetts Society of the Cincinnati (1890), 
pp. 480, 481. 

* Warren left four children : (i) Elizabeth, who was born in 1765, married 
Arnold Welles in 1785, and died in 1804 ; (ii) Joseph, who was bom in 1768, 
graduated at Harvard College in 1786, and died in 1790; (iii) Mary, who 
married (1) Samuel Lyman of Northampton and (2) Richard £. Newcomb of 
Greenfield, and died in 1826 ; and (iv) Richard, who was born about 1772 and 
died in 1793. For information about these children, see R. Frothingham, 
Life and Times of J. Warren, pp. 542-546 ; I. N. Arnold, Life of B. Arnold, 
pp. 210-220; J. Sparks, Life and Treason of B. Arnold, pp. 126-128; A. H. 
Everett, Life of J. Warren (Sparks's Library of American Biography, 1856), 
pp. 93-183; New England Historical and Genealogical Register, xi. 122; 
E. Warren, Life of J. C. Warren, ii. 56 ; E. Warren, Life of John Warren, 
pp. 84-90; F. M. Thompson, History of Greenfield, ii. 1036; Genealogical Me- 
moir of the Newcomb Family, 1874, pp. 809, 810. 

^ John Hancock. 



1003.] LETTBB OF BENBDICT ABNOLD. 235 

family ; If they decline it, I make no doubt of a handsome collection 
by private sabscription — at all events I will provide for them in a 
manner suitable to their birth & the grateful Sentiments I shall ever 
feel for the memory of my friend. — 1 have sent you by Mr. Hancock 
five hundred Dollars, for the present — I wish you to have Richard 
cloathed handsomely & sent to the best school in Boston — any expence 
you are at please to draw on me, for which [you] shall be paid with 
thanks — 

I am Dr Madam 

YrMorHbleServ: — 

B. Arnold ^ — 

Mr. William C, Lane exhibited a copy of the 1711 edi- 
tion of the Rev. Henry More's Enchiridion Ethicum as 
evidence that it was the work referred to as More's Ethics 
in an enumeration of the text-books used at Harvard in the 
first quarter of the eighteenth century, in a former commu- 
nication to the Society by Mr. Noble.^ The copy had once 
been owned by James Gushing of the Class of 1725 and by 
Edward Jackson of the Class of 1726. 

President Kittredge quoted an extract from the Literary 
Diary of Ezra Stiles, showing that More's book was also in 
use at Yale College during the same period. Under date of 
24 June, 1779, President Stiles wrote: 

Yesterday I put the Senior Class into President Claps Ethics or Moral 
Philosophy. It was printed just before his death, and has been some- 
times recited by the Classes. Afterwds President Edw"^* on the Will 
was recited: this giving Offence was dropped. And thro' the Confusion 
of Times the Seniors have recited no Ethics for several years. When 
I was Undergraduate we recited Wollastons Religion &c delineated. 
When my Father was in Coll. they recited Mori Enchiridion Ethicum.' 

1 Part of this letter was printed, but not altogether correctly, by Sparks in 
bis Life and Treason of B. Arnold, p. 127. 

* Publications, id. 277. 

» Literary Diary, ii. 349. President Stiles (Y. C. 1746) was the son of the 
Rev. Isaac Stiles, who graduated at Yale in 1722. The titles of the books re- 
ferred to by Stiles are : Glap*8 Essay on the Nature and Foundation of Moral 
Virtue and Obligation ; being a Short Introduction to the Study of Ethics ; for 
the Use of the Students of Yale-CoUege (1765) ; Edwards's Careful and Strict 



236 THE COTX)NIAL SOCIETY OF MASSACHUSETTS. [DkC '03. 

Mr. Edes read extracts from two letters written in 1774 
by Silas Deane, giving an amusing description of Roger 
Sherman.^ 

.Enquiry into the modern prevailing Notions of that Freedom of the Will, which 
is supposed to be essential to Moral Agency, Vertue and Vice, Reward and 
Punishment, Praise and BJame (1754) ; and W. WoUaston's Religion of Nature 
Delineated (1724). One of the compositors who set up the last mentioned 
work was Franklin. 

^ Collections of the Connecticut Historical Society, ii. 145, 146. 



Jan. 1904.] TRIBUTB TO HENEY DWIGHT SEDGWICK. 237 



JANUARY MEETING, 1904. 

A Stated Meeting of the Society was held at No. 25 
Beacon Street, Boston, on Thursday, 26 January, 1904, 
at three o'clock in the afternoon, the President, George 
Lyman Kittredge, LL.D., in the chair. 

The Records of the last Stated Meeting were read and 
approved. 

The President announced the death on the twenty-sixth 
of December, 1903, of Henry Dwight Sedgwick, a Resident 
Member.^ 

Mr. Charles S. Rackemann paid the following tribute to 
the memory of Mr. Sedgwick. 

When Mr. Sedgwick was invited to join this Society he accepted 
the invitation with evident satisfaction, and he made a point of 
attending the meetings, especially the annual dinners, whenever 
he could. His own personal interest in history and biography, no 
less than his inherited taste for these subjects, qualified him to be 
an interested and appreciative member of an historical society. 

We look at the lineage of a man, not only to see who he is, but 
in order to determine with relation to his own life whether he has 
done all that might fairly be expected of him. In the case of our 
associate, the test will be readily met. It is worth while to con- 
sider for a moment his lines of descent. On the paternal side he 
came straight down from Robert Sedgwick, who settled in 
Charlestown in 1636, and from John Dwight, who settled in 
Dedham about 1634.^ Without dwelling on the intermediate 

^ Mr. Sedgwick died at Rome, Italy, and was buried at Stockbridge, 
Massachusetts, on the twenty-third of January, 1901. 

* See Benjamin W. Dwight's History of the Descendants of John Dwight of 
Dedham, New York, 1874; and Erastus Worthington's History of Dedham, 
Boston, 1827. 



238 THE COLONIAL 80CISTY OF MASSACHUSETTS. [Jan. 

generations, it is to be noticed that bis pat-ernal grandfatber, 
Theodore Sedgwick, and bis paternal great-grandfather, Joseph 
Dwight, were especially prominent Massachusetts men. On bis 
mother's side his most distinguished ancestor in American annals 
was bis grandfather, George Richards Minot, whose character and 
attainments are too well known to need recital here. It may 
confidently be said of him tbat had he not been cut off by an 
untimely death at the age of forty-six, he would have rendered 
marked service to bis State and country, and attained greater 
fame. 

Mr. Sedgwick's father, Henry Dwight Sedgwick, for whom be 
was named, was the second son of Judge Theodore Sedgwick. 
All the four sons of Judge Sedgwick were lawyers, and three of 
them were eminent at the bar, while the youngest son, Charles, 
was Clerk of Courts in Berkshire for thirty-five years. Henry, 
who was, like the subject of these remarks, almost invariably 
known as Harry, was said by Miss Catharine Sedgwick, his sister, 
to have been possessed of ^Hhe clearest and most powerful in- 
tellect I have ever intimately known." In another place Miss 
Sedgwick says : 

My brother Harry was, I think, intellectually superior to any of us. 
He had a wider horizon, more mental action, and I think he was the 
only one of us who had the element of greatness. ... He had that 
absence of mind and fixidity of thought so dangerous where the tenden- 
cies are to what the Germans call subjectivity. Never was there a more 
loving, generous disposition than his, nor tenderer domestic affections.^ 

He was especially interested in reforms of the law, and is said to 
have prepared the first formal and comprehensive scheme for such 
reforms which appeared in New York, and upon which the 
codification ultimately adopted by that State was to a large extent 
based. He became absolutely absorbed in the cause of the Greeks 
when they were struggling for national existence, and carried on 
extensive and most important litigation in their interest in 1826. 
He broke down from overwork, and died a comparatively young 
man while his son was yet a child.' 

1 Life and Letters of Miss Sedgwick, p. 62. 

* It was by his advice that William Gullen Bryant moved to New York City, 
and began there his remarkable career. (Miss Sedgwick's Life and Letters, 



1004.] TRIBUTE TO HENRY DWIGHT SEDGWICK. 289 

Mrs. Sedgwick, the mother of our associate, was Jane Minot, a 
woman of very remarkable character, of unusual sweetness and 
fortitude, who bore the trials of her husband's illness and early 
death without showing the least trace of bitterness or change in 
her disposition^ She survived many years, was a universal favorite 
in Stockbridge, and was looked upon by the rest of the family as 
one of their wisest counsellors. 

From such forbears, then, and from the town of Stockbridge, came 
our associate. He was educated at Harvard College, where he grad- 
uated in 1848, and for which he was prepared by the Rev. Samuel 
Parker Parker. His class contained a large number of men who 
became famous, including a President of the College, Thomas 
Hill. He afterwards studied law at the Harvard Law School, and 
in New York in the oflSce of his cousin Theodore. He was 
admitted to the bar at Rochester, New York, in 1846, after which 
he travelled for a year in Europe. Then he settled down in the 
City of New York, and was for four years associated with the 
same cousin. In 1851 he took up practice with James S. Storrs. 
In 1857 he attended the inauguration of President Buchanan 
at Washington, and was in some way severely poisoned. In 
consequence of this mishap he lost about a year's time from 
his profession. He practised in New York City for about 
forty-five years. He was very diligent and painstaking, very 
earnest, and had considerable success, though he was not, like 
his father, at any time connected with such unusual matters as 
the Greek cases above mentioned. His cases brought him into 
contests with such leaders as Charles O'Conor, Cutting, and Wil« 
liam M. Evarts. 

He found time not only for regular professional work, but also 
for literary labors, being editor of two editions of ^^ Sedgwick on 
Damages," which was written by his cousin, Theodore Sedgwick, 
Jr., and which is one of the best known of American law text- 
books. He also prepared and issued A Selection of American and 
English Cases on the Measure of Damages, in 1876. In 1872 he 
wrote a remarkable address, which was delivered before the Law 

p. 441.) There is an admirable notice of Henry Dwight Sedgwick, the elder, 
in the Democratic Review for February, 1840, in an article entitled Political 
Portraits, Theodore Sedgwick, — the latter being the elder brother of Henry. 



240 THE COLONIAL SOCIETY OF MASSACHUSETTS. [Jan. 

School of the University of the City of New York, called The 
Relation and Duty of the Lawyer to the State, which elicited 
much favorable comment and proved that he, like his father, had 
very high ideals as to the conduct and duty of lawyei-s and 
legislators, and that he felt much eager solicitude about the future 
government of hia country. 

While practising in New York City, Mr. Sedgwick resided there 
during several months each year and entered fully into the social 
and civic life of the place. He was one of the early members of the 
Union League Club, of the Century Association, of the Bar Asso- 
ciation of the City of New York, and later joined the University 
Club. He preferred the Century to all others, and was very fond 
of speaking of the agreeable and distinguished men whom he met 
there, and of repeating such parts of their many enlivening conver- 
sations as were of general interest. Only a few months before his 
death he invited a number of his Century associates to visit him in 
Stockbridge, and gave an elaborate entertainment for their pleasure. 

While his professional life was spent in New York, he passed his 
vacations, with the exception of long journeys, in his native town 
of Stockbridge, which he dearly loved and to whose interests he 
was always devoted, giving freely of his time and money towards 
whatever the public good or interest seemed to require. He was 
interested in every improvement of the town and village, but paid 
particular attention to, and was president of, the public library, the 
casino, and the Laurel Hill Association. The last was the parent 
association from which all village improvement societies in this 
country have sprung. It takes its name from Laurel Hill, a beau- 
tifully wooded, rocky knoll, close to the centre of the village of 
Stockbridge, which was presented to the public by the Sedgwick 
family about half a century ago. It has been the custom in later 
years to have an outdoor meeting at this place in July or August, 
and to invite some person of distinction to make an address at that 
time. Mr. Sedgwick's remarks as presiding officer at such times 
were most charming and satisfactory, full of imagination and apt 
quotations from the classic or later writers, combined with common 
sense, and, when the occasion was suitable, with patriotic senti- 
ments of a high order. He was frequently a speaker at the vill^e 
meetings on Memorial Day. He always spoke, even in short ad- 
dresses^ from carefully prepared notes. His voice, while not pow- 



1904.] TRIBUTE TO HENRY DWIGHT SEDGWICK, 241 

erful, was agreeable, and so skilfully managed as to bring out 
very clearly the different shades of thought and meaning which 
his well-chosen words were intended to convey. He spoke 
with great earnestness, and with such evident conviction that 
no one who listened to him could fail to be impressed with his 
sincerity. He had an engaging style of speech, and punctuated 
his remarks with gestures, moving his hands and arms with rapid- 
ity and vigor. 

His literary efforts were by no means confined to the law. In 
college he had been a superior scholar in classical studies, particu- 
larly in Greek, and the effect of this proficiency was always notice- 
able in his speeches and writings. He delivered, in 1866, a 
beautiful address at the dedication of the Soldiers' Monument in 
Stockbridge. His earnest convictions and his deep, strong feelings 
must have been intensified on that occasion by the fact that he 
made use of it to pay a debt of reverence and homage to the character 
and actions of his cousin Major William Dwight Sedgwick, who 
lost his life in his country's service at the battle of Antietam. 
In 1880 he delivered an essay, The Layman's Demand on the 
Ministry, at the National Conference of Unitarian Churches at Sara- 
toga. In December, 1895, he gave to this society a very interest- 
ing little history of Robert Sedgwick, his distinguished ancestor. 
This he completed after a visit to the Island of Jamaica, where 
Sedgwick died while holding the office of Grovernor, under appoint- 
ment by Cromwell.^ But if he wrote much, still more did he read, 
and he was always abreast of the times in literary matters, while 
showing a decided preference for the older authors. 

Mr. Sedgwick married in 1857 his own cousin, Henrietta El- 
lery Sedgwick, daughter of Robert Sedgwick and Elizabeth Ellery, 
and a lineal descendant of William Ellery, one of the signers of 
the Declaration of Independence. They lived together in great 
happiness until her death in 1902, after which he was never quite 
the same. His spirit was unbroken, but lost some of its original 
freshness, and physical infirmities began to tell upon him. He 
turned then to his children and his daughters-in-law and grand- 
children, with peculiar tenderness, and found in them his great de- 
light and consolation. 

He had five children, all of whom survive him, and therefore 

1 Publications, iii. 156-173. 
16 



242 THE COLONIAL SOCIETY OF MASSACHUSETTS. [Jax. 

the family circle, with all their cousins and friends, was a large 
one. 

Mr. Sedgwick had remarkable sweetness and simplicity of nature. 
His affections were strong and deep and true. His interest in all 
his friends and relations was most marked, and this fact endeared 
him to them all to an unusual degree. He was possessed of the 
most delightful humor, and this, coupled with his extreme good- 
nature and his wit, afforded never-ending opportunities for fun. 
He enjoyed a joke at his own expense quite as much as anybody 
could. He was an excellent story-teller, and would often be so 
carried away by his appreciation of the point of a story that before 
he reached it he would be almost speechless, because of his own 
bubbling and infectious laughter. 

He loved nature at all times and in all her forms. He used to 
walk and drive and row and spend whole days out of doors. He 
had many favorite haunts, like Monument Mountain, the Ice Glen, 
Echo Lake, Hagar's Pond, and a score of others in different places, 
and was always in great demand as the central figure at all out- 
door gatherings no less than at those around some hospitable 
board. 

He lived for many years in the house which his father owned ; 
but later bought from the representative of the elder branch of the 
family the house which Judge Sedgwick built for himself in Stock- 
bridge. This, in 1883, was somewhat amplified and improved by 
Mr. Sedgwick, although he retained all its most characteristic 
features and left some of its apartments unchanged. The tradi- 
tional hospitality of the family suffered no curtailment or neglect 
in his household, where everything was administered with a 
generous hand. 

Mr. Sedgwick was a rare man. He had a fine mind, well stored 
with learning, and kept bright through constant use. He had 
plenty of experience of the world. He was charitable, loyal, loving, 
kindly, full of faith and courage. He said himself, ^^ I belong to 
the ^ House of Hope.' " He was patriotic and public-spirited, 
generous and hospitable. He was willing to work as well as to 
speak or write for the public good. Perhaps the mainspring of 
his character lay in enthusiasm. This quality he possessed to an 
unusual degree. Whatever he was engaged in commanded his 
entire attention and energy for the time. Some part of what in 







k 






^. 



'VvCw^. fL^y^ sA^tdJt.^ J^ /' -, ' 1 , 






' ^.... ■ t 



/ 



1904.] FAMILY OP GOVERNOR WILLIAM SHIRLEY. 243 

him was called absent-mindedness must have been merely absorp- 
tion or concentration of thought brought about by enthusiasm 
over the occupation or pleasure of the moment. 

He was a religious man. He belonged for many years to the 
church of Dr. Bellows in New York ; but later, when he had retired 
to Stockbridge, he worshipped at St. Paul's church there. He had 
a chivalric spirit Indeed, Chaucer might have had him in mind 
when he wrote, ** He was a veray parfit, gentil Knight." 

The Rev. Edward Hale briefly alluded to an interesting 
incident in Mr. Sedgwick's life at Stockbridge. 

Mr. Charles K. Bolton communicated a Memorandum 
written on a leaf torn from a Bible belonging to the family 
of Governor Shirley, now owned by the Boston Athenaeum.^ 
A portion of the entry is perhaps in the handwriting of Wil- 
liam Shirley of Preston, Sussex, England, the father of Gov- 
ernor Shirley, and apparently shows the hitherto unknown 
date of the Governor's birth. The Memorandum is as 
follows : 

Memorandum. William* was borne ye 2 of Xbr [December] 1694 a 
quarter of an hower before one of ye clock a Sabbath day morning and 
baptisd on Munday ye 4^*^ Instant ' by Mr. Baskett.^ 

Kathrine was borne ye 29**" of July 1696 on Wednesday abtt 8 in ye 
Evning, baptisd augst ye 11**" died ye 13* interd ye 15th 

John Shirley* was borne July ye 26th 1698 abtt nine in ye morning 
Christined ye same day abtt 6 in ye evening by Mr. Clarke • now 

* It was given by Henry Stevens 22 August, 1861. 

^ Presumably William Shirley, Grovernor of Massachusetts. 

* The second of December, 1694, was Sunday. As the fourth of February, 
1694-95, fell on a Monday, it may be inferred that this entry was written 
during that month. 

^ William Basset (1644-1695) was presented by the Salters* Company to the 
Rectory of St. Swithin's in London in July, 1683. .He was a graduate of 
Magdalen College, Oxford, and the author of several books. See the Dictionary 
of National Biography, iii. 386. 

* John Shirley, brother of the Governor, died in infancy. See Stemmata 
Shirleiana, p. 305. 

* The Rev. John Clark was the successor of the Rev. William Basset as 
Rector of St Swithin's. 



^ kJ 



244 THE COLONIAL SOCIETY OP MASSACHUSETTS. [Jan. 

minester of St Swethiugs Thos : Newdigate esqr. John Godman ^ God 
fathers and Susannah French God mother.^ 

My Daughter Betty* took her Departure from London the 26'** of 
February 1733 in the New Industry Capt Shepardson; & arriv'd at 
Boston the 29'** of Aprill following. 

On the 15* of July 1736 M'* Shirley* took her Departure in His 
Majesty's Ship Scarborough/ Capt Durelle, Commander from Boston 
for England, & arriv'd at Portsmouth in Twenty three days. 

Ralph Shirley was born at Boston 20^ Jan?" 1734, was baptised at 
the King's Chappell by Haywood • & dy'd at Braintrey the 13^** August 
1737, where he was bury'd the sixteenth day of the same month. 

My Son William ' took his Departure from Graves End on the 24* of 
June 1738 & arriv'd at Boston the 15th of August following in the Ship 
Peggy, Capt" Nowell Master. 

My Daughter Betty was mamed to Mr Eliakim Hutchinson ' by M' 
Commissery Price* at the King's Chappell at Boston on Monday the 
IB'^ of November 1738. 



^ Perhaps John Giodraan of Ote Hall, Sussex, whose daughter Elizabeth 
married William Shirley, the father of Governor Shirley. See Burke's Landed 
Gentry (1871), i.514; Stemmata Shirleiana, p. 319. 

^ To this point the Memorandum may be in the handwriting of William 
Shirley, the father of Grovemor Shirley. 

* From this point the handwriting appears to be that of Governor Shirley. 
Elizabeth or Betty Shirley married Eliakim Hutchinson. 

* The first wife of Governor Shirley was Frances, daughter of Francis Barker 
of London. See Foote, Annals of King's Chapel, ii. 129-133, 142, 225, 226. 

^ The following is taken from the Boston Evening-Post of Monday, 12 Jnly, 
1736, No. 48 : 

His Majesty's Ship Scarboroagh, Capt. Dnrell Commander, will sail for Great Britain 
with the first fair Wind. Madam Cosby and her Family, with several other Persons 
who go Passengers, went on board on Saturday last. 

Madam Cosby was the widow of Governor William Cosby of New Yoik| 
who had recently died. 

^ The Rev. Thomas Harwood of King's Chapel. 

"^ William Shirley, baptized 3 October, 1721, was Secretary to Braddock and 
was killed in 1755. Besides the children mentioned in the Memorandum, Got- 
eruor Shirley had one son and four daughters : Sir Thomas ; Judith ; Frances, 
the wife of William BoUan ; Harriet, the wife of Robert Temple ; and Maria 
Catharine, the wife of John Erving. 

« Eliakim Hutchiuson (H. C. 1730). 

* The Rev. Roger Price, Rector of King's Chapel. 



1904.] LETTER OF FRANKLIN. 245 

Mr. Bolton also read a letter written by Franklin 12 
April, 1750, and called attention to its homely characteristic 
philosophy.^ The full text of the letter is as follows : 

Honoured Mother, Philad. April 12, 1750. 

We received your kind Letter of the 2"^ Instant, and are glad to hear 
yoa still enjoy such a Measare of Health, notwithstanding your great 
Age. We read your Writing very easily, I never met with a Word in 
your Letters but what I could readily understand ; for tho' the Hand is 
not always the best, the Sense makes everything plain. — 

My Leg, which you enquire after, is now quite well. I still keep 
tliose Servants, but the Man not in my own House : I have hired him 
out to the Man that takes care of my Dutch Printing Office, who agrees 
to keep him in Victuals & Clothes, & to pay me a Dollar a Week for 
his Work. His Wife since that Affair behaves exceeding well : But 
we conclude to sell them both the first good Opportunity ; for we do not 
like Negro Servants. We got again about half what we lost 

As to your Grandchildren, Will.^ is now 19 Years of Age, a tall 
proper Youth, & much of a Beau. He acquired a Habit of Idleness on 
the Expedition, but begins of late to apply himself to Business, and I 
hope will become an industrious Man. He imagined his Father had got 
enough for him : But I have assur'd him that I intend to spend what 
little I have my self : if it please God that I live long enough. And as 
he by no means wants Sense, he can see by my going on that I am like 
to be as good as my Word. 

Sally • grows a fine Girl and is extreamly industrious with her Needle, 
& delights in her Book. She is of a most affectionate Temper, and 
perfectly Dutiful & obliging, to her Parents <& to all. Perhaps I flatter 
my self too much, but I have Hopes that she will prove an ingenious 
sensible notable & worthy Woman, like her Aunt Jenney.* — She goes 
now to the Dancing School. 

For my own Part, at present I pass my time agreably enough. I 
enjoy (thro' Mercy) a tolerable Share of Health; I read a great deal, 

^ An imperfect copy of this letter, but undated, is given by Bigelow in his 
edition of Franklin's Works, ii. 154, 155. The original letter is owned by the 
Boston Athenseam. 

* William Franklin, later Governor of New Jersey, was brought up in his 
father's family, and had been an officer in the Pennsylvania forces raised for an 
expedition against Canada. 

* Franklin's daughter Sarah married Richard Bache. 
^ Franklin's sister Jane married Edward Mecom. 



246 THE COLONIAL SOCIETY OP MASSACHUSETTS. [Jan. 

ride a little ; do a little Business for my self, more for others ; retire 
when I can & go in Company when I please ; so the Years roll round, 
& the last will come ; when I would rather have it said, He lived ttsefully^ 
than, He died rich. 

Cousins Josiah & Sally ^ are well, and I believe will do well, for they 
are an industrious saving young Couple : But they want a little more 
Stock to go on smoothly with their Business. 

My Love to Brother & Sister Mecom ^ & their Children, and to all 
my Relations in general. I am, 

Your dutiful Son 

B. Fhanklin. 

Mr. Henry H. Edes communicated a letter written 17 
February, 1700-01, by the Rev. Dr. Benjamin Colman to the 
wife of John George of Boston, who had sought his advice as 
to her scruples about the richness of her fashionable apparel. 
Mrs. George was Lydia, the daughter of the Rev. Samuel Lee 
of Bristol. Mr. George died 20 November, 1714, and on 5 
July, 1715, his widow became the third wife of Cotton Mather. 
Mr. Edes called attention to the fact that within six months 
of his marriage to Mrs. George, Mather had written to Dr. 
Colman that he had "no manner of prospect of returning 
unto " the married state, though " I have, no doubt, foolishly 
enough been ready to fall into this weakness." * Judge Sewall 
describes Mr. George as " a Well-accomplish'd Merchant " who 
was buried in his own tomb in the Granary Ground 24 No- 
vember, 1724, "till Madam George have an opportunity to 
build one." Mr. and Mrs. George joined the Church in 
Brattle Square 4 February, 1700, when Dr. Colman "first 
Administered the Sacrament of the Lord's Supper." Mrs. 
Mather died 22 January, 1733-34. Dr. Colman's letter is as 
follows : 

^ The allusion is to Franklin's nephew, Josiah Davenport, and his wife 
Sarah Billings, who had been recently married in Boston. 

^ Edward and Jane (Franklin) Mecom. 

* New England Historical and Genealogical Register, v. 60, vi. 20. See 
Savage, Genealogical Dictionary, ii. 242, iii. 73, 172 ; SewalPs Diary, i. 148, 149 
wo/e.«, iii. 27, 49, 80; Dictionary of National Biography, xxxii. 378; Records of 
the Church in Brattle Square, Boston (1902), pp. 5, 95, 102. 



1904.] LETTER OP BEVBREND BENJAMIN COLMAN. 247 

Boston. Fbb. 17. 170? 

I 

Madam, 

I send you some rude, hasty thoughts about yf scruple or doubt you 
lately proposed to me. And first of all I would positively determine 
you in this, that y* life of religion is not immediately concerned in yr 
exteriour Garb & dress of yf Body : And yet yf corruption & vanity of 
y^ heart may be seen sometimes in yf neglect, sometimes in y? over- 
curious adorning of them. Yf scripture therefore commends to us a 
mean between y^ two extreams; 1. tim. 2. 9. Let women adorn y™ 
selves (speaking of such ornaments as become women professing Godli- 
ness) in modest apparel, w'.** shamefacedness & sobriety : not w^** broid- 
ered hair, & gold <&c — ; ie, not cheifly minding, affecting, or indulging 
excess in such things. Yf Apostle censures Immodesty in our dress, 
prescribes decency, dos not require Sordldness. He censures vanity & 
lightness, commends Gravity : he forbids cost beyond our state <& rank 
in yf world. To yf same sense, is 1. Peter. 3. 3, 4, 5, I and thus are 
you to understand Isaiah 3. 16. &c. Y'^ prophet reproaches y' gross 
excess of vanity, pride & wantoness ; & it is plain their ornaments were 
made fuel to feed & inflame their lusts — . 

Yet these very Texts, thd levelled immediatly against an affected 
vanity of Apparel, do however, give us light as to that Medium we 
should observe in our attire. The scripture allows sober Ornaments. 
There are sober fashions, w^ religious people generally conform to; 
And th[is] lies between two extreams, both which seem to affect singu- 
larity. In yf defect err those, who place religion in affected plainess & 
these morossly judge all that wear more buttons, than they allow them- 
selves. In yf excess err yf lustful, haughty, worldly, mind, who careless 
of yf soul, deck only yf body for some vile or mean end, to entice others, 
to sin, or to outvye them for show — . 

But what are sober oi-namentsf I answer, such as suit 1. our age. 
2. our estate. 3. our time, & 4. a religious disposition, as to y"" two 
first our Age & Estate, yf customs of yf sober part of y* world may 
direct us. As to yf two last our time <& frame of soul, it must be left 
to our own conscience & experience to determine it 

Their is an Age, a state, a season for ornament. Jer. 2. 32. Can a 
maid forget her ornaments, or a bride her attire ? No, tis not fitting 
they should. But y? is to be regulated by our estate or degree in yf 
world. We are not to affect nor outvye yf rank above us ; but maintain 
our own we may ; not disabling our selves for other works of necessity 
& charity. But no excuse can be made for those nice, curious Orna- 
ments, which consume too much precious time in contriving, procuring: 



248 THE COLONIAL SOCIETY OP MASSACHUSETTS. [Jam. 

& putting on ; & w*".^ when put on we find indispose yf mind for y? duties 
of devotion & render it light, airy, gadding & fantastiek. 

And now. Madam, judge by these rules: You do not scruple your 
Age, in its prime ; nor your Estate, God having blessed yon with plenty. 
Indeed you acknowledge, y5 heretofore you have spent too much time & 
thought in this matter; & have too much indulged y? vanity of Vying 
with otlicrs. This is pride, & affords matter of humiliation before God. 
But this has sensibly abated for yf last years, & praised be God for his 
grace & mercy herein. Three things remain, 1.) a doubt or scruple 
whether yf dress you now wear be sin. 2.) you confess y! self unwilling 
to hiy it aside, th6 you suffer many checks fro your own mind on yf 
account of it. and 3.) you do find by experience that yf finer your 
apparel is, yf less composed you are in Grod's worship. This, Madam, 
is your case, if I exactly remember. 

Now for my own part I freely profess, I think your dress is suitable 
to your age. Estate, & yf sober fashion of your degree, birth & Educa- 
tion. Why you should think of changing your apparel I should see no 
reason, & y! what you wear should discompose you for God's worship is 
to me unaccountable. But however, there is no disputing matter of fact 
& your own experience. Wherefore, 

The rules that suit your case are these, 

First, whatever has been occasion of sin to us is to be watched against 
so much yf more. Yf greater distance we keep from it for yf future, yf 
better is it. For this is Enchanted Ground, venture to yf brink & it 
charms you in again. 

Secondly. We may not act agt. a doubting conscience. Have you a 
doubtful conscience in yf matter of apparel ; that is. Is it equally dubi- 
ous whether you may wear such apparel or no ? Are yo[u in] real suspence 
whether it be lawful or no? You must not then wear it, for a doubtful 
conscience binds from action: Rom. 14. 23. w^ ever is not of faith 
is sin. 

Much less may we act against a probable conscience; ie, if after 
serious deliberation it seem to you most likely & probable to be sin. It 
is unlawful to do good, if we think it evil. 

Indeed Divines speak more favourably of a scrup'lons conscience; 
but then y*. account they give of a scruple is this Not only that it is a 
trouble of mind arising from some little motive, (as for that conscience 
should be disquieted about such a trifle as bodily Apparel) but not with- 
standing a general persvasion of y1 lawfulness of y'. Act, yet y^ mind 
cannot rest. Scruples prevail most in weak minds, they betray want of 
Judgment for that time ; they are y^ Off-spring of a strong fancy, & you 
can give no reason for them. I am loath, Madam, after so miserable 



1904.] LBTTEB OF BEYEBKND BENJAMIN COLIIAN. 249 

an accoant of a scrapie, to say that yours may be One. Yet I will pre- 
sume to put it to you — , Are you not generally persvaded in your own 
miod, that y^ apparel you wear is lawful? If not, surely you would not 
have worn it against your real persvasion of its unlawfulness so long. 
And if you are generally satisfyed in its lawfulness, your fears of y^ con- 
trary at some patticular times may be but scruple, for such is a fear w^^ 
we can give no reason for. If you cannot say you really doubt you do 
but scruple, & if you do but scruple that ought not to hinder you from 
acting : you should chide your self for it. 

Thirdly. It is an ill symptom when we find our selves unwilling & 
averse to forbear what we really doubt & think to be sin : Y*: same can- 
not be said of what we only scruple. Therefore ask your self (for here 
y* Hinge is) if you do not really & generally think it lawful to wear 
fashionable Dresses? I am persvaded you only scruple at some sett 
times, what you generally apprehend to be Innocent. And in y^ case 
one of these two things will be proper ; either set your self resolutely 
to resist y^f scruples ; or if you cant' overcome 'em then do not act con- 
trary to them for that particular time they are in power over you ; but at 
other times (if it be but y^ next day) when y^ mind is free from them, we 
may allow our selves more liberty ; provided this liberty do not cause y*! 
scruple to return again with more violence. Could we be certain y? we 
do but scruple, it would be best wholly to resist, & never gratifye so 
troublesome a humour; for otherwise we shall incur y^ charge of Incon- 
stancy, & y! will be imputed to a weak mind, or a weak faith. 

Fourthly & lastly, whatever cumbers, diverts or indisposes y^ soul for 
yf worship of God, should at such times be laid aside. Every hindrance 
is to be avoided. But do you not think a plain dress will help the 
mind in worship ? Verily I fear you would think y* more of it your self, 
it would draw y^ eyes of others I beleive; & as you judge your self now, 
so you would soon censure others for their finery ; & where will yl 
advantage of it then be. 

I have this to add over & above. You have been educated in y? wear- 
ing rich apparel; M^ George chuses you should continue it, it is not 
offensive nor greivous to sober Christians: It is not good to indulge 
scruples too much, for they will grow upon you apace to your great 
discomfort ; & you are to fear lest this or any such-like scruple prove 
but a temptation to take conscience off in judging us for some greater 
matter. 

And now after all. Madam, I am at a loss — f 1 dare not determine 
positively — , but I beleive your fear is your Infirmity, more than your 
dress your sin ; <& that you have not so much real doubt as scruple in 
this matter ; And so this is my Advice : 1 .) Divert your fear & thoughts 



250 THE COLONIAL SOCIETY OP MASSACHUSETTS. [Jax. 

to weightyer objects. Think, what have I nothing worse than my Garb 
to trouble my self about Let me look within & see how my soul is 
arrayed ? Our outward dress is like yf annise & cummin, to yf Spirit 
of Religion: to yf Weightyer mattere of y* law. Judgment, mercy & 
faith. 2.) Fly to Grod by prayer <& fasting. Y? yf illusions of Satan, 
or our weak minds may not destroy our peace — . Learn yf Psalmists 
prayer, Ps. 139 Search me, O God &c — 'T is great pity yf souls peace 
should be Interrupted or yf mind busyed by trifles — A scrupulous mind 
chases butterflies — , but yf same fears & care & zeal spent in medita- 
tion, prayer & exercises of repentance would make strange dispatch 
heavenward. I doubt not. Madam, but you are bound thither, <& I 
hope pretty forward in your Journey, don*t stay to pick up pebbles in 
your way: No matter what our travelling Garb is: yf finest now is 
course & dull to what you expect above, & little to be valued when they 
are so soon to be changed for Robes of light & glory. I am. Madam, 
Your most obliged, sincere & faithful Serv" — , in Christ 

Bekj^ Colman. 
[JShdorsed] 

D' Colman to a Lady on 

Religious scruples, 1700-1. 

The Rev. Henry A. Parker read an extract from the 
Calendar of State Papers relating to a Memorial from the 
Customer of London concerning " passes and passengers out 
of the kingdom." ^ The Memorial was drawn up in 1636.* 

Mr. John Noble made the following communication : 

The document now presented, which appears among the Early 
Suflfolk Court Files, is a copy of a Will made in 1681 and recorded 
in the Middlesex Registry of Probate.* The Will is that of Edward 
Jackson of Cambridge Village (now Newton). Various consid- 
erations give it an interest: the document taken by itself; the 

1 Calendar of State Papers, Colonial Series, 1574-1660, p. 261. 

> See the Calendar of State Papers, Domestic Series, 1635, p. 286 ; Calendar 
of State Papers, Domestic Series, 1635-1636, p. 175. 

« The will was printed in The Edward Jackson Family of Newton, Massa- 
chusetts, compiled by F. F. Starr and J. J. Goodwin and privately printed in a 
limited edition at Hartford, Connecticut, in 1895. As, however, ibis book, not 
having been published, is not easily procurable, and as there have been many 
inquiries in regard to the will, it seems justifiable to print it in full in our 
Transactions. 



1904.] WILL OF EDWABD JACKSON, 1681. 251 

character of the man who wrote it, and his standing and position 
in his own town and in the Colony ; his connection with the 
whole subsequent life and history of Massachusetts and of Boston 
even especially, continuing down to the present day, through the 
long and illustrious line of his descendants, in all the learned 
professions, in mercantile and manufacturing lines of business, in 
the development of public enterprises and interests, in the encour- 
agement of science and the arts, in civic and social life, and in 
the remarkable roll of names, eminent and well known, that 
through direct descent or by afiSnity claim connection with the 
testator. 

The Will follows: 

To all People to whom these Presents shall come, Edward Jackson 
Sen'^ of Cambridge Village in the County of Midd? in the Jurisdiction 

^ Christopher Jackson of London had two sons, John Jackson (baptized 6 
Jane, 1602) and Edward Jackson (baptized 3 February, 1604-05), who emi- 
grated to this country. John Jackson was the first permanent settler of 
Cambridge Village (now Newton), where he was in 1639, while Edward Jack- 
son came over in 1613. Edward Jackson was a leading citizen, holding various 
official positions of honor and trust, always active in public affairs, and fore- 
most in all movements affecting the interests of the town. After a long and 
nsefnl life, he died 17 July, 1681. 

Edward Jackson was twice married. By bis first wife, Frances, he had the 
following children : (i) Israel ; (ii) Margaret ; (iii) Hannah, who married John 
Ward; (iv) Rebecca, who married Thomas Prentice; (v) Caleb; (vi) Joseph; 
(vii) Frances;^ (viii) Jonathan, who married Elizabeth Baker; (ix) Sebas, who 
married Sarah Baker. On 14 March, 1648-49, Edward Jackson married (2) 
Elizabeth (Newgate) Oliver, the widow of John Oliver (H. C. 1645) and the 
daughter of John Newgate (or Newdigate) of Boston. By her he had the 
following children: (i) Sarah, who married the Rev. Nehemiah Hobart; (ii) 
Edward; (iii) Lydia, who married Joseph Fuller; (iv) Elizabeth, who married 
(1) John Prentice and (2) Jonas Bond ; (v) Hannah, who married Nathaniel 
Wilson; (vi) Ruth. 

The will of Edward Jackson shows the large number of his grandchildren 
living in 1681, and over forty of his descendants are said to have served in the 
Revolutionary War. The Civil War showed brilliantly that the fighting spirit 
and the love of country still remained in his later descendants. Collaterally, 
too, through his older brother John, the Jackson blood asserted itself, as his 



1 The Cambridge records state that " ffrances Jackson daughter of Edward died " 5 October, 
1648; bat there is no record of such a daughter, and possibly ** daughter'* is the clerk's error 
for « wife." 



252 THE COLONIAL SOCIETY OP MASSACHUSETTS. [Jan. 



4 



of the Massa? in New England sendeth Greeting. Know Ye that I the 
said Edward Jackson being infirm of Body but of disposing Judgement 
and memory do make this my last Will and Testament as followeth 
hereby Revoking and Disannulliog all former Wills Either Verbal or 
Written, by Me made att any Time heretofore. I do Commit my Soul 
unto the Father of all mercys and into the Hands of my Lord Jesus 
Christ my Dear Redeemer and all sufficient Saviour ; And to the Blessed 
Spirit of Grace to behold Glory forevermore. And this my Body and 
House of Clay to the Dust Untill that Day of Resurrection when Body 
and Soul shall be United again. And as for that Outward Estate that 
the Lord hath Committed to my Trust to give him Account of, I do in 
this Manner and form following dispose thereof. 

[I] do give and bequeath to my Loving and Dear Wife Elizabeth One 
[silver] Bowl, One Guilded silver Cup, One Guilded Silver Salt [which 
were] given unto her by her honoured Father M' John [Newgate : * also 
her] Virginals and one Cubard. And my Will is [that she shall] have 
and Enjoy all that part of her Estate which came to Her by the Sail of 
her Farm att Pulling Point,' as also what Money and Plate she hath by 
Her or Debts Due to Her by Bills Bonds Mortgages or any other way 
for Money lent by Her to any of Her Children or to any Other Person 
Whomsoever all which shall be att her own Pleasure to Dispose of, and 



grandniece was the mother of Col. Ephraim Williams, the founder of Williams 
College, and of his brother Dr. Thomas Williams, both of whom took part in 
the Old French War. 

The genealogies in these notes are taken from The Edward Jackson Family 
of Newton, Massachusetts, from F. Jackson's History of Newton, from Paige's 
History of Cambridge, and from Savage's Genealogical Dictionary; to all of 
which the reader is referred for full particulars. 

1 John Newgate was born in England and died in Boston in 1665. His will 
is printed in the New England Historical and Glenealogical Register, xiii. 
383-335. 

2 In 1634 W. Wood wrote : 

Called PuUin-pointy because that is the asnall Channell Boats used to passe thorow 
into the Bay ; and the Tyde being very strong, they are constrayned to goe ashore and 
hale their Boates by the sealing, or roades, whereupon it is called PuUtn-point (New 
England's Prospect, 1865, p. 45). 

The name was subsequently changed to Point Shirley in honor of Governor 
Shirley. It is now in the town of Winthrop. See ShurtlefF, Topographical and 
Historical Description of Boston, p. 437 ; Memorial History of Boston, ii. 61 ; 
New England Historical and Genealogical Register, xiii. Ill; Boston News- 
Letter, 13 September, 1753 ; Manual of the Greneral Court. 



1904.] WILL OF EDWARD JACKSON, 1681. 253 

no Person to make Claim to any Part thereof. I Do give to Her my said 
Wife her Heirs and assigns forever twelve acres of Land out of my Farm 
as it is now layed out and bounded. Also I do give to my Wife and to 
my Son Edward Jackson ^ to have and to Injoy my Dwelling House with 
all out housing thereunto Appei*taining with the Lands on the North Side 
of the House to the River beiug forty Acres more or less with the Lands 
and the Orchard on the South Side of the highway before the House 
being about seventy Acres More or Less with my Meadow commonly 
called Bushes Meadow, of which house Lands and Meadow my Wife 
shall Enjoy the One half during her natural Life And after the Decease 
of my said Wife the Whole shall be to my Son Edward and his 
Heirs for Ever But if my Wife Shall Change her Condition by Marriage 
my Son Edward Shall thereupon Enjoy the whole as abovesaid provided 
He shall pay to his Honoured Mother the Sum of five Pounds per Annum 
During her Natural Life. Also I do give unto my Wife and Son 
Edward to Each a like Share all my Corn & Stock both of Neat kine. 
Horses, Sheep and Swine all my Household Goods Wearing Apparrell 
and a Debt of ten Pounds in Money due to me from John Fuller Sen! 
for Land by me to him Sold. And Moreover to my Son Edward I give 
my Carts and Ploughs and all manner of Tools aud Implements to Me 
belonging I Give Him my Silver Hatband the three Martyr Books and 
Turkish History. And my Will is that my Wife and Son Edward shall 
out of that Estate, I have given them pay Unto my Daughter Ruth 
Jackson twenty Pounds in Money and thirty Pounds in Goods And also 
ten Pounds more in Money being a Legacy given Her by Her Honoured 
Grandfather M^ John Newgate. 
I Do give and bequeath unto my Son Jonathan Jackson ^ his Heirs 

^ Edward Jackson, son of the testator, was born 15 December, 1652, and 

married (1) Grace , by whom he had one son who died in infancy, and (2) 

Abigail Wilson, by whom he had the following children : (i) Elizabeth, who 
married Capt. Thomas Prentice, grandson of Capt Thomas Prentice the 
Trooper ; (ii) Abigail, who apparently died young ; (lii) Hannah, who married 
Joshua Loring of Kozbury, father of Commodore I.K>ring of the British Navy; 
(iv) Samuel; (v) Alice; (vi) Edward; (vii) Abigail, who married Daniel 
Bobbins. 

* Jonathan Jackson, son of the testator, was born in England, settled in 
Boston, and died 28 August, 1693. By his wife Elizabeth Baker, he had the 
following children : (i) Elizabeth ; (ii) Mary ; (iii) Jonathan, born 28 December, 
1672; (iv) Edward; (v) Sarah. 

Jonathan Jackson, son of Jonathan and Elizabeth (Baker) Jackson, was 
bom 28 December, 1672, and died in 1736. By bis wife Mary, daughter of 
Jabez Salter, he had the following children : (i) Jonathan, born 28 April, 1701 ; 



254 THE COLONIAL SOCIBTY OF MAB8ACHUSBTTS. [Jan. 

[and] assigns for Ever One Hundred and Sixty Acres of Land Oat [of 
my farm] as it is now laid oat and Bounded, He shall not [sell the whole] 
nor any Part thereof without the Advice and [consent of my] Executors 
and my two Sons in Law John [Ward ^ and Thomas ] Prentice ^ Or the 
Major Part of them. I give Him my Seal Ring, one Silver Porringer 
One guilded SUver Spoon which together with more than an Hundred 
and Seventy Pounds the G-reatest Part in Money by Him already Re- 
ceived and what I shall hereafter mention in this my Will, I do Judge a 
Sufficient Portion for Him. I do give and bequeath to my Son Sebys 
Jackson ' his Heirs and Assigns for Ever that my House in which He at 

(ii) Mary; (iii) Jonathan, bom H June, 1704; (If) Elizabeth; (v) Edward, 
born 8 January, 1706-07; (vi) Edward, bom 26 February, 1707-08; (vii) 
Jabez. 

Edward Jackson, son of Jonathan and Mary (Salter) Jackson, was bom 26 
February, 1707-08, graduated at Harvard College in 1726, and died in 1757; 
By his wife Dorothy Quincy, the '* Dorothy Q." of Dr. Holmes, he had two 
children: (i) Jonathan, born 14 June, 1743; (ii) Mary, who married Oliver 
Wendell. Oliver and Mary (Jackson) Wendell had a daughter Sarah, who 
married the Rev. Abiel Holmes and so became the mother of Dr. Oliver 
Wendell Holmes. 

Jonathan Jackson, son of Edward and Dorothy (Quincy) Jackson, was bora 
14 June, 1748, graduated at Harvard College in 1761, and died in 1810. By 
his wife Hanni^, daughter of Patrick Tracy, he had the following children : 
(i) Robert; (ii) Henry; (iii) Charles, bora 31 May, 1775, graduated at Harvard 
College in 1775, became Justice of the Supreme Judicial Court of Massa- 
chusetts, and died in 1855; (iv) Hannah, who married Francis Cabot Lowell; 
(v) James, bora 3 October, 1777, graduated at Harvard College in 1796, 
became the distinguished Professor and Doctor, and died in 1867 ; (vi) Sarah ; 
(vii) Patrick Tracy, bora 14 August, 1780, became a noted merchant in Boston, 
and died in 1847 ; (viii) Harriet ; (ix) Mary, who married Henry Lee. 

Of three sons of Jonathan and Hannah (Tracy) Jackson, it has been said, 
that <* Judge Charles Jackson, Dr. James Jackson, and Mr. Patrick Tracy 
Jackson, . . . occupied as large and as high a position in their respective pro. 
fessions and in the esteem of their neighbors as any three men who ever lived 
in Boston " (Memorial History 6f Boston, iv. 155 note). 

^ John Ward, who married Hannah, the daughter of Edward and Frances 
Jackson, was a son of William Ward of Sudbury. He settled in Cambridge 
Village, where he was prominent, and died 1 July, 1704. His wife Hannah 
died 24 April, 1704. 

^ Thomas Prentice married Edward Jackson's daughter Rebecca. See 
F. Jackson, History of Newton, pp. 392, 893; Paige, History of Cambridge, 
p. 629 ; Binney, History and Geneidogy of the Prentice or Prentiss Family in 
New England (1883), pp. 249, 250. 

' Sebas Jackson, born in England or perhaps on the passage to this country. 



1&04.] WILL OP EDWARD JACKSON, 1681. 265 

present Dwelleth with an Hundred and fifty Acres of Land thereunto 
adjoyning as it is already laid out and bounded. I do give Him two 
guilded silver Spoons. 

I do give and Confirm unto my two Sons in Law John Ward ^ and 
Thomas Prentice * their Heirs and Assigns for Ever One Parcel of Land 
which is bounded by the Land of Thomas Hammond * On the East the 
Land of Zachary Hicks ^ on the South the Laud of John Clark ^ on the 
West the Land of Cap' Prentice on the North 

I do give to my Daughter Hannah Ward, One Grold Ring with this 
Motto Qods IrUenty None can prevent also two guilded Silver Spoons 
and Some of my Linnen if my Dear Wife shall se cause. 

I Do give and confirm Unto my Son in Law Thomas Prentice His 
Heirs and Assigns for Ever One Hundred Acres of Land near the 
Meadow commonly called Bauld Pate Meadow ^ and if there be not so 
much in that Tract then it is my Will he shall have a Quarter of that 
Meadow called Bauld Pate Meadow as it is laid out bounded by Jonathan 
Hides ^ on the South and the Meadow of Vincent Druce' on the North. 

I Give to my Daughter Rebecca Prentice One Grold Ring with this 
Motto Memento Mori and two guilded Silver Spoons and as much 
Linnen as my Wife shall Judge meet to bestow on Her. 

I Do give and Confirm unto my Son in Law Nehemiah Hobart* His 

married Sarah, daughter of Thomas Baker of Rozbury, and died 6 December, 
1690. His childi-en were : (i) Edward, born 12 September, 1672 ; (ii) Sebas ; » 
(iii) John; (iv) Sarah, who married Jonathan Draper; (v) Elizabeth, who 
married (1) Caleb Grant, and (2) John Taylor; (vi) John; (vii) Jonathan; 
(viii) Mary; (ix) Joseph. 

•1 See p. 251 note, above. % 

> See p. 251 note, above. 

* Thomas Hammond, an early settler in Hingham, later removed to 
Cambridge Village. 

^ This was probably Zechariah Hicks of Cambridge, referred to in a former 
communication to this Society (Publications, iiL 451 ; and see Paige, History of 
Cambridge, p. 580). 

* John Clark was born in Watertown in 1641, then lived in Muddy River 
(now Brookline), and was in Cambridge Village as early as 1681. 

* For this and many other localities named in the will, see the map in 
Jackson's History of Newton. 

"* Jonathan Hyde was bom in 1626 and came to Cambridge Village in 1647. 
s Vincent Dmce, an early inhabitant of Hingham, removed to Cambridge 
Village. 

* The Bev. Nehemiah Hobart, who married Edward Jackson's daughter 



1 There is some doabt about this child. 



256 THE COLONIAL SOCIETY QP MASSACHUSETTS. [Jak. 

Heirs and Assigns for Ever twenty and five acres of Land as it is now 
laid out Near to his House and five Acres more as it is now bounded 
adjoynittg to the Land of my Son Seabyes which said five Acres I 
hereby give him my said Son in Law Libeiiiy to make Sale of : I do 
also give Him one fifth part of my Long Marsh at the Pines as it is 
already laid out to Him as also a fifth part of my Upland to the said 
Marsh adjoyning And twenty five [Acres] of Land being the one half 
of a Parcell of my Land near [to the land] of Elder Thomas Wiswel 
Either at the East or West [end of the si^] Tract of Land as He shall 
make his Choice. 

[I do give and] Confirm unto my Son in Law Joseph Fuller * his 
Heirs and Assigns foe Ever One fifth Part of my Long Marsh att the 
Pines as it is already laid out as also a fifth part of my Upland to the 
said Marsh adjoyning, and twenty three Acres of Land out of my 
Farm to Him already laid out to which it is my Will to add One Acre 
more provided He shall allow a High Way over his Land in Some 
Convenient Place at his Discretion Either open or with Gates for the 
f amiiys of John Fuller Senior ^ & Lieutenant Isaac Williams.' 

I Do give and Confirm to my Son in .Law John Prentice * his Heirs 
and Assigns for Ever One fifth part of my Long Marsh att the Pines 
as it is to him already Laid out as also one fifth part of my Upland to 
the said Marsh adjoyning ; And a Parcel of Meadow Containing four 
Acres more or Less Southward from the Meadow which I sold to 
Thomas Greenwood.* 

Sarah, was born at Hingham 21 November, 1648, graduated at Harvard College 
in 1667, for forty years preached at Cambridge Village, and died 25 August, 
1725. 

^ Joseph Fuller of Newton married Edward Jackson*8 daughter Lydia, and 
died in 1740. 

^ John Fuller, Sr., an early settler of Cambridge Village, was the father of 
Joseph Fuller, who married Edward Jackson's daughter Lydia. 

* Capt. Isaac Williams, a son of Robert Williams of Roxbury, removed to 
Cambridge Village about 1660. He married Martha, daughter of William 
Park, and was the father of Ephraiin Williams, who was the father of CoL 
Ephraim Williams (the founder of AVilliaius College) and of Dr. Thomas 
Williams. 

* John Prentice, son of Capt Thomas Prentice the Trooper, was born in 
1655, married Edward Jackson's daughter Elizabeth, and died 4 March, 
1688-89. 

* Thomas Greenwood, an early settler, came into Cambridge Village about 
1667, held various oliices, and died 1 September, 1693. He married Hannah^ 
daughter of John AVard and granddaughter of Edward Jackson. 



1904.] WILL OF EDWABD JACKSON, 1681. 257 

I do Give and Confirm nnto my Son in Law Nathaniel Wilson ^ his 
Heirs and Assigns for Ever One fifth part of my long Marsh at the 
Pines as it is already laid out as also One fifth Part of my Upland to 
the said Marsh adjoyning. 

I do Give to my Daughter Rnth Jackson besides what I have already 
herein Exprest One fifth part of my Long Marsh at the Pines as it is 
already laid out as also One fifth Part of my Upland to the Said Marsh 
adjoyning. And twenty Acres of Land out of my Farm betwixt the 
Land of my Son Jonathan and the Land of my Son in Law Joseph 
Fuller as it is to Her already laid out. 

I Do Give to my Son Edward Jackson and to my Son in Law John 
Ward my five Volumes of Purchase History to be for their Use betwixt 
them during both their Natural Lives the Longest Liver shall Enjoy the 
whole paying fifty Shillings to the Heirs, Executors or Administrators 
of the Decea's*: . 

I do give and Confirm to my Grand Child John Ward Jun' his Heirs 
and Assigns for Ever twenty Acres of Land out of my Farm Eastward 
from the Land of Joseph Fuller. 

I do give to my four Grand Children which bare my Name Edward,^ 
forty Acres of my Remote Land, that is to Say to Each One Ten Acres 
to be laid out together by my Executors and if any of them shall 
[Decease] Under Age his or their Part so Deceasing shall [be distributed] 
Equally among the Survivors. Also [my will is that] What Lands I have 
given to my Children [above named] shall not have power to sell or 
Alienate any Part thereof (excepting what I have in this my Will Ex- 
presly Approved of) Unless Upon a Religious or Moral Account or by 
Leave obtaind from the Honoured General Court or County Court 
where Such Lands are. I Do Give to my Grand Children and great 
Grand Children to the Number of thirty six ten Shillings a piece to buy 
them Bibles with, which shall be paid to them by my Executors. I do 



^ In his History of Newton (p. 445), Jackson says that Nathaniel Wilson, 
married Hannah^ daughter of John and Elizabeth (Newgate) Oliver. John 
and Elizabeth (Newgate) Oliver did have a daughter Hannah, but she died 
in 1653 aged about eleven. Nathaniel Wilson's wife was Hannah, daugh- 
ter of Edward and Elizabeth (Newgate) Oliver Jackson. She was born in 
1660. 

^ The four grandchildren of the testator named Edward were: Edward 
Jackson, son of Jonathan and Elizabeth (Baker) Jackson ; Edward Jackson, 
son of Sebas and Sarah (Baker) Jackson; Edward Ward, son of John and 
Hannah (Jackson) Ward ; and Edward %Prentice, son of John and Elizabethi 
(Jackson) Prentice. 

17 



258 THE COLONIAL SOCIETY OP MASSACHCTSBTTS. [Jaw. 

give to my two Sons in Law M' John and Thomas Oliver * Sir Walter 
Rawleighs History and D' Willets Synopsis PapismL 

I Do give to my Daughter in Law Elizabeth Wiswell * One Small Silver 
Beer Cup. 

I do give Unto the College att Cambridge Broughtons Chronology * 
in a Manuscript Containing twenty and two Sheets of parchment Re- 
questing the Reverend President and Fellows to promote the printing 
thereof. Also I do give to the said College a Tract of Land at Billerica^ 
being four Hundred acres granted to me by the Town of Cambridge as 
by their Town Book doth Appear. Also Such Debts as my Executors 
shall Receive att any Time from any Debtor or Debtors of Mine in Old 
England My Will is that Such Debts shall be given to the said 
College. 

Also My Will is that when my Son Hobart shall have made his Choice 
of the Land I have given him near to Elder Thomas Wiswells as afore- 
said the part Remaining being about twenty five Acres shall be for the 
Use of the Ministry in this Village for ever. 

^ John and Thomas Oliver were the sons of John and Elizabeth (Newgate) 
Oliver, and henoe were the step-sons of Edward Jackson. In the seventeenth 
and eighteenth centuries, the terms ** father-in-law," "mother-in-law," "son- 
in-law/' and "daughter-in-law," frequently meant step-father, step-mother, 
step-son, and step-daughter, respectively. 

^ Elizabeth Wiswall, the daughter of John and Elizabeth (Newgate) Oliver, 
married Enoch Wiswall of Dorchester, a son of Elder Thomas Wiswall. She 
died 31 May, 1712, and her husband 28 November, 1736. See the Publications 
of this Society, vi. 334 note. 

' In reply to a request for information, our associate Mr. William C. Lane 
writes me that '* Quincy (History of Harvard University, i. 513) mentions it in 
his list of gifts, but there is no trace of it at the present day, and it was do 
doubt lost in the fire of 1764. I suppose the author is Hugh fironghton, the 
distinguished Biblical and Jewish scholar." For a notice of fironghton (1549- 
1612), see the Dictionary of National Biography, vi. 459-462, where we read: 

Of Bronghton'fl manuscripts the British Museum possesses a quarto volume (Sloane 
MS. 3088), containing tbirtj-five pieces, many referring to the new translation of the 
Bible; and his 'Harmonie of the Bible,' a chronological work (Harl. MS. 1525). 
Neither of these volumes is in antograph, with the exception of a smaU part of the 
' Harmonie/ 

^ Edward Jackson was one of the proprietors of Cambridge, at different 
times receiving allotments in the division of the common hmds, and also a 
large proprietor in the Billerica lands, a tract of eight thousand acres granted 
to Cambridge by the General Court, receiving in the allotment of 1652 four 
hundred acres, the tract given in his will to Harvard College. Quincy says 
that this land was <' never obtained " (History of Harvard University, i. 512). 



1904.] WILL OP EDWARD JACKSON, 1681. 259 

I Do Bequeath to my Honoared Friend Cap* Thomas Prentice * One 
Small Diamond Ring. 

I Do give and Dispose of the Remainder of my Farm being somewhat 
more than an Hundred Acres to my Son Jonathan & Seabys and to my 
Sons in Law John Ward & Thomas Prentice to Each One that Part 
which I have already Caused to be laid out to them. And further my 
Will is that my Son in Law Thomas Prentice shall have and Enjoy my 
Son Jonathans Share as it is now laid out and Bounded being about 
thirty Acres Less or [more] provided He shall pay the Sum of Sixty 
Pounds in Money to [my s*^ Son] Jonathan or in other Pay att Money 
Price as they [shall agree] Which Payment being well and truly made 
the [above named] Thomas Prentice shall have and hold the said parcel 
of Land to him and his Heirs for Eter. 

Also my Will is that my Executors shall make Sale of my Tract of 
Land at Bi^ush Hill for the procuring of Moneys to pay the above 
mentioned Legacys to my Grand Children and Great Grand Children 
and that neither my said G-rand Children nor Great Grand- Children Nor 
any on their Behalf shall Demand the said Legacys of my Executors 
Untill such Time as Money shall be procured by the Sale of Said 
Lands. 

It is also my Will that so much of my Estate as I have not in this my 
last Will and Testament particularly and Expresly disposed of whether 
in Lands or Books or Debts to me Due shall be Divided by my Executors 
unto Seven of my Children to Each alike Share (my Debts and funeral 
Charges being first paid out of it) that is to Say to my Son Jonathan 
Jackson my Son Edward Jackson My Daughters Sarah Hobart Lydia 
Fuller Elizabeth Prentice Hannah Wilson and Ruth Jackson Only 
my Will is that if any of my Seven Children last Named shall Depart 
this Life Before they shall Receive their Portions in this Part of my 
Estate their Part shall be Equally Distributed among the Survivors 
Or if any of them shall have no Children att their Decease their Part 
shall be Equally Divided amongst them that have. And further it is 
my Will that if any of my Children shall put my Executors to any 
Trouble by making Claim to my Estate or any Part thereof more than 
I have in this my Will to them bequeathed that is to say, if they or any 
on their Behalf shall Unjustly Molest my Heirs or Executors by Law 
Suits or Arbitrations He or they shall forfeit all their Portions in this 
my Will to him or them Bequeathed. 

I do Constitute Ordain, and Appoint my Executors my Loving Wife 

1 Capt. Thomas Prentice, the noted Trooper, was born in England in 1621 
and died 6 July, 1710. See Jackson, History of Newton, pp. 389, 469-475. 



260 THE COLONIAL SOCIETY OP MASSACHUSETTS. [Jax. 

Elizabeth my Son Seabys Jackson and my Son Edward Jackson for the 
full Execution of my Will in all the above mentioned Particulars. 
Blessed be the Lord Grod of Israel [for evermore] Amen Amen 

Edwabd Jackson & a Seal 

Signed Sealed this ir^ Day of June In the Year of our Lord One 
thousand six hundred Eighty and One. 
In Presence of Us 
Abraham Jackson^ 
John Mirricke^ 
John Mason* 
Isaac Bacon ^ Cambridge 26: 6: 81 

Attested Upon Oath by Abraham Jackson 
and John Mirricke before Daniel Gookin 
Assistant & Tho Dandforth BF 

A true Copy, as of Record in the Registry of Probate for the County 
of Middlesex 

Attest 

SamV Danforth RegT ' 

Mr. Noble also read a paper on Posy-rings, speaking in 
substance as follows : 

When members of the Society are asked for contributions or 
communications for a meeting, the objection is frequently put for- 
ward that though there are many things about which they could 
write understandingly and easily , such things would never do for 
a historical society like this. The objection usually proves effect- 
ive, but the result is no less unfortunate. 

Tet after all, is the objection sound ? has such a society only to 
do with a remote past, — to preserve venerable relics, to unearth 
forgotten knowledge, to bridge the gap between the then and the 

^ Abraham Jackson (1655-1740) was the son of Edward Jackson's brother 
John Jackson, and the grandfather of Col. Ephraim Williams, the founder of 
Williams College. 

3 John Mirick died 11 July, 1706. 

" John Mason, a tanner, was a Constable and Selectman in Cambridge 
ViUage. 
^^ Isaac Bacon (1650-1684) was a son of Dayid Bacon. 

* Suffolk County Court Files, no. 2005. 



1904.] 8IGNIFI0ANCE OF POSY-RINGS. 261 

now ? Is it not eqiially its business to save any and all materials 
of history, new as well as old ; to throw light upon all times ; and 
to have an eye to the questions which posterity may ask, with an 
interest similar to that with which we interrogate the ways and 
doings of our forefathers ? And where shall the line be drawn, 
whether as regards time or matter? What is news to-day is his- 
tory to-morrow. 

When the trite preaent, which when acted seems 
Time's dullest prose, fades in the land of dreams, 

many other results will follow, as well as those which the poet so 
graphically foresaw. 

In the above will, Edward Jackson bequeathed two rings. 
What have rings to do with history ? If one tries to spin a yarn 
about them, is not the thread too attenuated to hold together? It 
may be so. Yet in how many ways have rings played their part 
in the world's history, in how many of its periods — in an un- 
broken succession — from earliest antiquity down to to-day ; and 
what light through the uses made of them by different peoples, in 
different ways, and at different times, is thrown upon manners 
and customs, stages of civilization, events, persons, and all that 
goes to make up history. 

Differing in purposes and ways, their use has been almost uni- 
versaL It may be doubted whether there has ever been a country 
or a people without them. They seem not always to have come 
instinctively or intuitively, for Greece is said to have borrowed 
them from Asia, though it must have been in a misty antiquity ; 
and Rome is said to have borrowed them from the same quarter 
whence the Romans once borrowed their wives. Tet the fondness 
for them of South Sea islanders and of African savages would seem 
to indicate some innate impulse or want of primitive human nature 
existing before that stage of development is reached which finds 
in them an emblem or a symbol or a badge. 

As ornaments, they have been worn on nearly every part of the 
body, — arms, legs, fingers, ankles, feet, toes,* neck, nose, and ears ; 
and as symbols, emblems, badges, and indicia of all sorts, their 
use has been quite as varied, and the purposes and ways of such 
use regulated by an elaborate code and ritual ; and in each use 
or regulation a bit of history would be found involved. They 



262 THE COLONIAL SOCIETY OF MASSACHUSETTS. [Jan. 

marked the various grades and ranks in Rome. Bishops and 
popes have worn them as badges of ecclesiastical authority ; kings 
and emperors and magistrates, as of temporal power ; they have 
served as signets and even as signatures, when the sword was 
mightier than the pen ; they have accredited messengers and 
conveyed messages ; they have borne their part in espousals, mar- 
riages, and funerals. 

A ring may speak more articulately than the Pyramids. Dr. 
Holmes tells us of the ring of Thothmes III., now in the posses- 
sion of Lord Ashburnham, which proclaims the name of the 
monarch who wore it, in the height of Egypt's dominion, three 
thousand years ago, before, as he says, Homer sang, before the 
Argonauts sailed, before Troy was built, — while though the Pyra- 
mids are left, they stand silent and have forgotten the names of 
their builders. 

So rings become in themselves a part of history, like no other 
piece of jewelry. They have a character and significance all their 
own, a meaning distinctive, a language variable as the purpose of 
their use, inseparable from it, and at once recognized. 

What a part, too, have they played in language 1 In the Eng- 
lish tongue the word has been borrowed, adapted, incorporated, 
and extended in connections almost without limit, as the one 
expressive, distinctive, suggestive, term; and in each new com- 
bination may appear some new discovery in science, some new 
development of life or conditions, some new influences or agencies 
brought into being ; and every one of such uses may have in it a 
contribution to history. Most agencies are most powerful in com- 
bination, and this word is no exception, as it needs in language 
a yokefellow to give it character and meaning, — or it must have 
it in thought if not in actual expression. 

The term has crept into politics, into the market, into the church, 
into society, under the opprobrium of the Ring. Science finds a 
use for it ; the arena would be at a loss without it. The adoption 
of the term increases rather than falls off, as the complexity of 
modern life calls for new uses and applications. This is but an- 
other illustration how language fastens upon available material and 
fashions it to its uses, till at last the origin may drop out of sight 
and the obligation be forgotten. 

Posy-rings cannot lay claim to a very venerable antiquity and 



1904.] SIGNIFICANCE OP P08Y-EING8. 263 

seem comparatively modern, belonging chiefly to the fifteenth, six- 
teenth, seventeenth, and eighteenth centuries, though the nine- 
teenth century may not have been wholly without them. They 
bear some brief, simple inscription, generally of a sentiment 
sound and sweet, but often, not to say usually, trite. There is 
one little collection, which happens to be mainly in one strain : 

In thee my choice, I do rejoice ; 
May God above Increase onr love ; 
Not two but one, TiU life is gone ; 
When this you see, Then think of me ; 
Wedlock, 't is said. In Heaven is made; 
Love is Heaven, And Heaven is Love ; 
My heart and I, Until I die. 

Some have a memorial character, some a didactic, some an ad- 
monitory. Of the two mentioned in Edward Jackson's will, the 
one with the inscription ^' God's intent None can prevent/' bears 
at once the faith of the Puritan and the philosophy of the Stoic, 
reaching the same result however distant the starting-points, and 
not inappropriate to unite on a New Englander. The other with 
its brief '^Memento Mori," prompts the sobering thought never 
far away from the early settler here, with possibly a reminiscence 
of the story of the old Egyptian custom, running back into un- 
fathomable antiquity, — shadowing the feast with the thought of 
the f uneraL 

Hamlet's question, in its connection, gives an indication of what 
may have been the character of some of the posy-rings even earlier 
than the fifteenth century: 

Is this a prologue, or the posy of a ring? 

Then there is a posy-ring that lives in actual existence in 
Shakspere, — Nerissa's ring, — 

A hoop of gold, a paltry ring 
. • . whose posy was 
For all the world like cutler's poetry 
Upon a knife, ** Love me, and leave me not." 

To revert to Dr. Holmes. He tells us of two rings which have 
a certain human interest about them, in different ways, one which 
Thaddeus Mason Harris, Doctor of Divinity in his later days, 



264 THE COLONIAL SOODSTr OF MASSACHUSBTTS. [Jan. 

found when a youngster clinging to the end of his walking stick 
as he was trudging along the road in a strait of sore need, ^^ a gold 
ring of price " with the inscription, " God speed thee, Friend : *' a 
happening somewhat cheering under the circumstances, — an en- 
coumgement and an omen. 

The ring of the other story is the funeral ring which the little 
man, ^^ Little Boston," wore upon his finger inseparable from it, 
whose grandmother's grandmother was hanged by Chief-Justice 
Sewall ^ for a witch, and as such delivered over to the Devil by 
Cotton Mather, — a ring with a death's head beneath a bit of 
glass and the inscription *^ L.B. Mt 22 " on one side and '^ Ob. 
1692 " on the other side. How much New England history is told 
in that. All the terror and the pathos of the persecution, the ap- 
prehension darkening men's lives, the gloom overshadowing the 
people, the craze, the bloody tragedies, the revulsion, — all that 
brief, tenible episode, blotting honored names and the fair record 
of the Province, lives again in the narrow compass of the finger 
ring. 

Mr. Francis Blake of Weston was elected a Resident 
Member. 

^ It need scaroely be pointed out that " Little Boston's *' historical knowl- 
edge was not always accurate. Sewall did not become Chief-Justice until 
1718. 



1904.] WASHINGTON'S THBBB VISITS TO BOSTON. 265 



FEBRUARY MEETING, 1904. 

A Stated Meeting of the Society was held at No. 25 
-^^ Beacon Street, Boston, on Thursday, 25 February, 1904, 
at three o'clock in the afternoon, the President^ George 
Lyman Kittredge, LL.D., in the chair. 

The Records of the last Stated Meeting were read and 
approved. 

The Corresponding Secretary reported that a letter 
had been received from Mr. Francis Blake of Weston 
accepting Resident Membership. 

President Ejttredge remarked upon some investigations 
he is making of the study of Alchemy in New England, 
and spoke particularly of George Stirk, or Starkey, of the 
Harvard Class of 1646. 

Mr. John Noble read some notes on Washington's three 
visits to Boston. The first visit, Mr. Noble said, was in 
February or March, 1756, when Washington came to lay 
before Governor Shirley, who, on the death of Braddock, 
had succeeded to the general command of the Colonies, a 
question of military precedence relating to Fort Cumberland 
which had arisen between the Governors of Maryland and 
Virginia.^ Washington succeeded in his mission; he was 
handsomely received here, and he had an opportunity of tell- 
ing Governor Shirley the particulars of the death of his son 
William Shirley,* who was killed at Braddock's defeat. In 
what imposing array Washington at that time probably pre- 
sented himself may be guessed at by his order, not long 

» See Irving, Life of Washington (1856), i. 224-228. 
* See p. 244 note 7, above. 



266 THE COLONIAL SOCIETY OF MASSACHUSETTS. [Feb. 

before, to his correspondent in London for an outfit. This 
order, which gives a glimpse of one side of Washington in his 
younger days, is as' follows : 

2 complete livery salts for servants ; with a military cloak and all 
other necessary trimmings for 2 salts more. I would have you choose 
the livery by our arms, only as the field of the arms is white, I think 
the clothes had better not be quite so, but nearly like the inclosed. 
The trimmings and facings of scarlet, and a scarlet waistcoat. If 
livery lace is not quite disused, I should be glad to have the cloaks 
laced. I like that fashion best, and two silver-laced hats for the above 
servants. 

1 set of horse furniture, with livery lace, with the Washington crest 
on the housings, &c. The cloak to be of the same piece and color of 
the clothes. 

3 gold and scarlet sword-knots. 3 blue and silver ditto. 1 fashion- 
able gold-laced hat^ 

Washington's second visit was in March, 1776, imme- 
diately after the evacuation of Boston by the British.^ It 
was at this time, too, that he received from Harvard College 
the second degree of LL.D. conferred by it.^ Washington's 
final visit was when he came as President of the United 
States in October, 1789. The circumstances and conditions 
of this visit are too well known to dwell upon.* 

1 Irving, Life of Washington, i. 227 note. See also Memorial History of 
Boston, ii. 127 note, 

^ Between the evacaation of Boston on March seventeenth and April fourth, 
when he left for New York, Washington was in Boston several times. See 
W. S. Baker, Itinerary of General Washington, 177&-178d (1892), pp. 32-36. 

' See the Publications of this Society, vii. 321-329. 

^ See Boston Record Commissioners' Reports, xxvii. 124, zzxi. 207-213; 
Massachusetts Magazine (1790), ii. 3; New England Historical and Gen- 
ealogical Register, viii. 190, 191, xiv. 161-166 ; Loring, Hundred Boston 
Orators, pp. 114-116; E. £verett. Mount Vernon Papers, pp. 106-114. Wash- 
ington's portrait was taken at Portsmouth hy Christian Guilager and this 
eventually came into the possession of the Rev. Dr. Belknap (1 Proceedings 
of the Massachusetts Historical Society, iii. 309, 310). At this time, also, the 
portrait of him by Edward Savage, now in Memorial Hall at Harvard CoUege, 
was taken ( W. S. Baker, Engraved Portraits of Washington, pp. 73-77 ; C. H. 
Hart, Catalogue of the Engraved Portraits of Washington, p. 101). Washing- 



1904.] JOHN AUGUSTINE WASHINGTON. 267 

Mr. Henry H. Edes communicated a letter dated Wil- 
liamsburg, Virginia, 1 June, 1776, written by John Augus- 
tine Washington to his wife. A younger brother of George 
Washington, John Augustine Washington was born 13 
January, 1736, and died early in 1787.^ He married Hannah 
Bushrod, a daughter of Colonel John Bushrod of Westmore- 
land County. At the time of writing the letter, John 
Augustine Washington was a member of the Virginia Con- 
vention which met at Williamsburg on May sixth, 1776.^ 
The Declaration of Rights, referred to in the letter, was 
reported May twenty-seventh and passed June twelfth.* 

ton Street, Boston, first received its name 4 July, 1788. (See Record of Streets, 
1902, p. 378; Boston Record Commissioners' Reports, xzi. 164, 178, 180, zxvii. 
59. * 

^ In a letter written to Sir Isaac Heard 2 May, 1792, George Washington 
said that his brother <*died in February, 1787, at his estate on Nomony, in 
Westmoreland County, and was there buried" (Writings, Sparks's edition, 
i. 550). February was doubtless a slip for January, as on 10 January, 1787, 
George Washington wrote a letter of condolence to Bushrod Washington on 
the death of the latter's father (Washington's Writings, Ford's edition, xL 
107, 108). On 18 May, 1776, John Augustine Washington wrote a letter from 
Williamsburg to George Washington, to which the latter replied 31 May 
(Force, American Archives, Fourth Series, tL 631, 632). 

* The Proceedings of the Convention of Delegates, held at the Capitol, in 
the City of Williamsburg, in the Colony of Virginia, on Monday the 6th of 
May, 1776, were printed at Williamsburg in 1776, again at Richmond in 1816, 
and once more in Force's American Archives, Fourth Series, vi. 1509-1615. 
The three delegates from Westmoreland County were Richard Lee, Richard 
Henry Lee, and John A. Washington. In his elaborate discourse on The Vir- 
ginia Convention of 1776, written and published in 1855, Hugh B. Grigsby 
merely mentions Washington by name (p. 189) and says that ''John A. 
Washington was probably the alternate of R. H. Lee " (p. 206). 

■ Grigsby says : 

From the twentyseyenth of May to the eleventh of June, the Declaration of Rights 
was discussed at intervals in committee of the whole ; and on the latter day it was 
ordered that the declaration with the amendments be fairly transcribed, and read a 
third time; and the day after, the fifteenth of June, it was passed unanimously (The 
Virginia Convention of 1776, p. 19). 

The '* fifteenth " is of course a slip for the twelfth. Under date of 12 June, 
1776, is the following : 

The declaration of rights having been fairly transcribed, was read a third time, and 
passed as follows, Mm. con. (Proceedings of the Convention of Delegates, 1776, p. 100). 



268 TH^ COLONIAL SOCIETY OF MASSACHUSETTS. [FsB. 



JOHN AUGUSTINE WASHINGTON TO MRS. HANNAH 
WASHINGTON. 

WiLLiAMSiif 1 June 1776 
My deab Hannah 

I had the pleasure of recieving your two very affectionate letters the 
one by Jerry, and the other by the way of Fredericksb? yesterday, it 
gives me great pleasure to hear you are well and our Children.^ I 
flattered myself strongly with hopes that I should be able to come up 
there about this time but we are at present ingaged In fram? a declara- 
tion of the peoples rights which I am very anxcious about and cannot 
leave this place till it is finished or posponed, as soon as that is done 
I propose if possable to come up for a day or two, and at this time 
flatter myself that I may set out about next Friday or Satuday, if I 
should be disapointed I hope you will suffer no uneasyness from any 
appnhensions of my being sick, as you may depend I should inform 
you, and that I am very uneasy to see you the first opportunity shall 
be imbraced 

I have no time to write more than one letter undeed I do not know 
by what oppertunity this is to go — please to tell M'. Stubbs as soon 
as the Carpenters are done what was before mentioned, he had better 
make them set up all the staves into Tob? Hogsheads — it would not be 
a Miss if they were to get out the wheat as fast as they can without too 
much [? interference] with other business, and apply some of it mixed 
with meal for the Negros by way of tryal, but I fear it will not do 
— I wrote to you some time past to know whether you got, Purdies 
& Dixon & Hunters papers ' regularly transmitted by the Westmoreland 
rider please my dear to let me know by the first oppertunity — with 
regard to black hairpins there is none for sale nor are the song books 
to be had. Adjutant Johnston informs me he has a plenty and that he 



^ John Augostine and Hannah (Bushrod) Washington had several children, 
among them: (i) Bushrod, (ii) Corbin, who married Hannah, daughter of 
Richard Henry Lee, (iii) Mildred, who married Thomas Lee, son of Richard 
Henry Lee, (iv) Jane, who married William Washington, a son of Augustine 
Washington, the half-brother of John Augustine Washington. 

* Two newspapers, each called the Virginia Gazette, were then published 
at Williamsburg, one by Alexander Furdie, the other by John Dixon and 
William Hunter (Virginia Magazine, ix. 10). 



1904.] LBTTBB OP BTJSHROD WASHINGTON. 269 

will supply me, but he is oat of Town. Remember me to all inquiring 
Friends and believe me to be Your Most Af Husband 

John Aug^ Washington 
N. B. give my love to Billy * 

and tell him I have not time 

to answer his Letter, also my Love to our dear little children 

[^Addressed] 
To 
M? Hannah Washington 
of 
Liberty Hall « 
Recommended to 

the Care of the Honb^ j Westmoreland 
Mr Carter* who is re 
-quested to forward 
this Letter 

Mr. Edes also communicated a letter written 13 March, 
1778, by Bushrod Washington to his mother. A son of 
John Augustine and Hannah (Bushrod) Washington, Bush- 
rod Washington was born 5 June, 1762, graduated at 
William and Mary College in 1778, was appointed by 
President John Adams in 1798 an Associate Justice of the 
United States Supreme Court, and died 26 November, 1829.* 
He married Anne Blackburn, a daughter of Colonel Thomas 
Blackburn of King William County. 

BUSHROD WASHINGTON TO MRS. HANNAH WASHINGTON. 

Frbdbbicksbubo March 18^ 1778 
Honoub'd Madam 

The aneasiness I have suffered since the reception of yours can 
scarcely be exprest Is it possible you can believe I could be so lost 

^ Doubtless the writer's son-in-law, William Washington. 

* See p. 118 note 3, above. 

' In 1782 Robert Carter owned two hundred and seventy-eight slaves 
(Virginia Magazine, x. 230). 

^ For notices of Bushrod Washington, see H. Binney, Bushrod Wash- 
ington (1858); J. Story, Miscellaneous Writings, pp. 808-811; William and 



270 THE COLONIAL SOCIETY OF MASSACHUSETTS. [Feb. 

to every Idea of Gratitude as to forget my duty to the best of parents 
to whom I owe my being & everything else which has rais'd me above 
the meanest of my species? I cannot conjecture by what means you 
could possibly be informed of a Report which never had any other 
foundation than the busy tongues of those who seem to wish for 
Strife. It has always been my choice since I came to Town rather to 
expend any small portion of an Evening I had to spare from my 
Studys amongst the Ladies where I knew my Company was agreable 
than to run into the common follies of this place & I will be bold to 
say that I past my time with more innocence & heart felt Satisfaction 
in that way than many of my acquaintances in pursuit of their wild 
inclinations. The Lady you refer to was often present & had in common 
with the rest every testimony of friendship of which they all merited a 
large portion at my hands ; she was my partner at several Balls and 
other amusement; nor could I conceive that I was in [? any] degree 
to blame, little thinking that such might be [? the] consequences or 
tliat any person could view this in a light to my disadvantage or rep- 
resent it to Yon in the manner they have Done: when I was every 
day under your immediate inspection you never deny'd me the like 
amusements, & had you been present here I would never have receiv'd 
the least check for any part of my conduct — But supposing the whole 
of what has been told you to be true & that I had really felt a more 
than common friendship for this Young Lady the bare mention of it's 
being disagreable to you would cause me to desist Nay was I even 
arriv'd at that time of Life when I might be suppos'd to be a better 
Judge for myself no temptation whatever could induce me to act con- 
trary to the happiness & affectionate Councils of Parents I so dearly 
love & have so much reason to Regard, my whole felicity depend on 
the continuation of your esteem & by the Kind & benificent assistance 
of my Creator I shall ever endeavour to deserve it Let me therefore 
(Df Mama) intreat you in the name of that maternal Kindness which I 
have ever experienc'd from you never to believe that I have or ever 
will act in any manner contrary to Your happiness or the honour of my 
Kindred & Relations. Your approbation will always yeld me a satis- 
faction next to that of my own breast & a mind free from self-reproach: 
do inform Papa (if the report has come to his Ears) what I have wrote & 
shall be miserable 'till I hear from you again that I may know you are 
satisfyed. But what avails what I can possibly Say if you listen to 
the malicious reports form'd <& propagated by some who take every 

Mary College Quarterly, iv. 262 ; Appletons' Cyclopsedia of American Biog- 
raphy, vi. 884, 385. 



1904.] LETTER OF BUSHJEtOD WASHINGTON. 271 

opportanity to injure the innocent & make their characters as Black as 
their own. I had heard of Capt Washingtons^ misfortune before 
Jerry came up <& have been very uneasy ever Since 'though I heard he 
only had three Shot & was recovering which was not so bad as the 
whole load although I should fear some danger from the Shot that is 
not extracted ; I cannot help being very sorry for the Cap! & most 
sincerly pity My Sister whose condition may be more easily conceived 
than expresst. We return her most hearty thanks fOr the apples 
which are the greatest rarity she could have sent us. the favour we 
esteem greater that amidst the trouble & confusion of her mind she 
could think of us & was it not for that should be apt to quarrel with 
her for allowing so many opportunities to pass unotic'd though she has 
the same reason to retort but Jerry always stays so sho[r]t a time that 
I scarcely have time to write to You — We hear from above that 
uncle Washington '• is very unwell which has detained him so long from 
going down to be married & perhaps (though very unlikely) has de- 
taiu*d M" Stubbs so long from coming down who I reckon you have 
expected for a long time — Aunt Washington will be much oblidg'd 
to you if you have any opportunity to [? go to] Richmond Court House 
to buy her a dozen Cups & Saucers as she does not stand updn price 

I Remain 

Honour'd Madam 

Your Dutyf ul Son 

BusHROD Washington 
[Addreased] 

M? Hannah Washington 
of 

By Jerry \ Bushfield 

) Westmoreland 

Mr. Edes also exhibited a single sheet (13^ by 8J inches), 
printed on both sides, one side containing " A New Song,*' 
written during the Siege of Boston, the other side contain- 
ing " The Grand Constitution." The sheet is not dated, but 

^ Probably WiUiam Washington, who, as stated in a previous note, married 
Bushrod Washington's sister Jane. 

' Probably the writer's uncle, Samuel Washington, who was bom 10 
November, 1734, died in 1781, and married five times: (1) Jaue Champe, 
(2) Mildred Thornton, (3) Lucy Chapman, (4) Anne Steptoe, and (5) Susannah 
Perrin, a widow. 



272 THB COLONIAL SOCIETY OF MASSACHUSETTS. [Feb. 

obviously, from the title of the second song, it could not 
have been printed before the autumn of 1787. The two 
pieces follow: 

A New Song : 

To the Tune of the British Cfrenadier. 

T rAIN Britons, boast no longer with proud Indignity, 
^ By Land — your conquering Legions — your matchless strength at 

Sea, 
Since We your braver Sons, incens'd, our swords have girded on, 
Huzza, Huzza, Huzza, Huzza, for War and Washington / 

Urg'd on by North and Vengeance, these valiant Champions came, 
Loud bellowed Tea and Treason ! and George was all on Flame, 
Yet sacrilegious as it seems — we Bebels still live on — 
And laugh at all your empty Puffs, and so does Washington ! 

Still deaf to mild Intreaties — still blind to England's good, 
You have for Thirty Pieces — betray'd your Country's blood ; 
Like ^ sop's greedy Cur, you '11 gain a shadow for your bone; 
Yet find us fearful Shades indeed, inspir'd by Washington. 

Mysterious I unexampled! incomprehensible! 
The blundering schemes of Britain, their Folly, Pride and Zeal ! 
Like Lions how ye growl, and threat ! meer Asses have ye shown. 
And ye shall share an Ass'& fate, and drudge for Washington, 

Your dark, unfathom'd Councils — our weakest heads defeat! 
Our Children rout your Armies — our Boats destroy your Fleet, 
And to compleat the dire disgrace, coop'd up within a Town, 
You live the scorn of all your Host! the slaves of Washington. 

Great heaVn is this the Nation — whose thund'ring arms were hurl'd 
Thro' Europe, Afric, India? whose Navy rul'd the World? 
The lustre of your former Deeds — whole ages of Renown -» 
Lost in a moment — or transf er'd to Us and Washington ! 

Yet think not thirst of Glory — unsheaths our vengeful Swords, 
To rend your bands asunder — and cast away your cords — 
'Tis Heav'n born Freedom fires us all — and strengthens each brave 

Son, 
From him who humbly guides the Plough to godlike Washington I 



1904.] TWO NEW SONGS. 273 

For THIS — O could our wishes — your ancient Rage inspire I 
Your armies should be doubled — in number, force and fire ! 
Then might the glorious Conflict prove, which best deserv'd the boon — 
America or Albion — a Geobge or Washington. 

Fir'd with the great Idea — our Father's shades would rise! 
To view with stern Contention, — the Gods desert the skies — 
And Wolfe, mid hosts of Heroes, superior, bending down — 
Cry out, with eager transport — Well done, brave Washington. 

Should Geobgb, too choice of Britons — to foreign Realms apply — 
And madly arm half Europe, — yet still we would defy 
Turk, Russian, Jew, and Infidel, or all those Pow'rs in one — 
While Hancock crowns our Senate — our Camp great Washington, 

Tho' warlike weapons f ail'd us — disdaining slavish fears — 
To swords we 'd beat our Ploughshares — our pruning hooks to spears — 
And rush all desp'rate ! on our Foe ! nor breathe, till battle won ; 
Then shout and shout, America I and conquering Washington I 

Proud France should view with Terror — and haughty Spain should 
fear. 
While every warlike Nation — would court Alliance here — 
And George, his Minions trembling round, dismounted from his 

Throne — 
Pay Homage to America and glorious Washington. 

Printed and sold at the Bible & Heart ^ in ComhiU^ Boston. 

THE 

Grand Constitution: 

A new Federal SONG. 

To the Tune of — " Our Freedom we 've won^ &c." 

PROM scenes of afliiction — Columbia opprest — 
•■• Of credit expiring — and commerce distrest. 
Of nothing to do — and of nothing to pay — 
From such dismal scenes let us hasten away. 

Our Freedom we've won and the Prize let 's maintain^ 
Our Hearts are aU rights 
Unite, Boys, Unite, 
And our EMPIRE in glory shall ever remain. 

^ The Bible and Heart was the sign of Thomas and John Fleet, publishers 
of the Boston Evening Post, printers and booksellers. Their shop stood on the 

18 



274 THE COLONIAL SOCIETY OF MASSACHUSBTTS. [Feb. 

The Muses no longer the cypress shall wear, 
For we turn our glad eyes to a prospect more fair : 
The Soldier retum'd to his small cultur'd farm, 
Enjoys the reward of his conquering arm, 

Our Freedom^ &c. 

Our trade and oar commerce shall reach far and wide, 
And riches and honour flow in with each tide, 
Kamschatka and China with wonder shall stare. 
That the Federal stripes shou'd wave gracefully there. 
Our Freedom^ &c. 

With gratitude let us acknowledge the worth. 
Of what the Convention has call'd into birth. 
And the Continent wisely confirm what is done 
By Franklin the Sage, and by brave Washington. 
Our Freedom, &c. 

The wise Constitution let 's truly revere, 
It points out the course for our Empire to steer. 
For Oceans of bliss, do they hoist the broad sail, 
And Peace is the current, and Plenty the gale. 
Our Freedom^ &c. 

With gratitude fill'd — let the great Commonweal 
Pass round the full glass to Republican zeal — 
From ruin — their judgment and wisdom well aim'd. 
Our LibertieSy Laws^ and our Credit reclaim'd. 
Our Freedom, Jbc. 

Here Plenty and Order, and Freedom shall dwell, 
And your Shayses ^ and Dayses * won't dare to rebel — 
Independence and culture shall graciously smile, 
And the Husbandman reap the full fruit of his toil. 
Our Freedom, &c. 

northerly corner of Padding Lane (now Water Street) and Comhill (now 
Washington Street), — on the site now covered by the Journal Building. 

^ Daniel Shays, the leader of Shays*s Rebellion, 1786-1787. 

^ Luke Day, a leader of the insurgents in Sbays's Rebellion. See 6. R. 
Minot, History of the Insurrections in Massachusetts (1788), p. 164. 



1904.] SOME SOBRIQUETS APPLIED TO WASHINGTON. 275 

That these are the blessings Columbia knows — 
The blessings the FecTrcU Convention bestows ; 
O! then let the People confirm what is done 
By Franklin the Sage, and by brave Washington, 

Our Freedom we 'ue won^ and the prize let 'a maintain^ 

By Jove we 'U Unites 

Approve and Unite — 
And huzza for Convention again and again. 

Printed and Sold at the Bible and Heart in Boston, 

In the absence of Mr. Albert Matthews, Mr. Thomas 
Minns read on his behalf the following paper on — 



SOME SOBRIQUETS APPLIED TO WASHINGTON. 

It need not be urged that the sobriquets, nicknames, and epithets 
which become attached to persons are often indicative of their 
characters, of their achievements, and of the estimation in which 
they are held. Thus, the sobriquet the American Fabius tells 
us something of the military tactics pursued by Washington dur- 
ing the Revolutionary War. Again, the title the Father of his 
Country shows the feeUng entertained for Washington by his 
fellow-countrymen. There is, of course, nothing new in these two 
expressions ; but as, so far as I am aware, no attempt has been 
made to show their history, perhaps it will not be inappropriate to 
present to-day some notes which I have collected bearing on the 
subject. These notes have been picked up in casual reading and 
do not pretend to be exhaustive, but they probably furnish a suf- 
ficientiy complete account of the early history of the two terms 
above mentioned. 

Among the fragments of the poet Ennius are the following verses : 

VnuB homo nobis cunctando restituit rem. 

Noenum rumores ponebat ante salatem. 

Ergo plusque magisque uiri nunc gloria claret.^ 

^ Annalium Reliquiae, iz. vii. 319-315, in Vahlen, Ennianae Poesis Re- 
liquiae (1854), p. 47. 



276 THE COLONIAL SOCIETY OF MASSACHUSETTS. [Feb. 

The first of these lines was appropriated by Viigil,^ all three 
were introduced by Cicero into one of his works,^ and they appear 
to have been very popular. It is not without interest for us Am- 
ericans to note that the earliest allusion to Fabius in English litera- 
ture which has thus far been pointed out occurs in a book written 
about New England. In 1687 Thomas Morton remarked : 

Hanniball when hee had to doe with Fabius was kept in awe more by 
the patience of that one enemy, then by the resolution of the whole 
army : A well tempered enemy is a terrible enemy to inoounter. ' 

In a work printed in 1740, but written certainly as early as 1734, 
Roger North, alluding to Charles the Second, said : 

It is most certain the King was, at that Time, a FabUis, cunctando 
restituit rem.* 

In 1733 Swift spoke of "prudent Fabius."*^ Writing 16 October, 
1759, Horace Walpole declared : 

You will see in our gazettes that we make a great figure in the East 
Indies. In short, Mr. Pitt and this little island appear of some con- 
sequence even in the map of the world. He is a new sort of Fabius, 

Qui verbis restituit rem.* 

In a letter wiitten to Mrs. Mercy Warren from Philadelphia 25 
November, 1775, John Adams said : 

The inactivity of the two armies is not very agreeable to me. 
Fabius's cunctando was wise and brave. But, if I had submitted to it 
in his situation, it would have been a cruel mortification to me. Zeal, 
fire, and activity, and enterprise, strike my imagination too much. I 
am obliged to be constantly on my guard ; yet the heat within me will 
burst forth at times.^ 

1 -aEneid, vi. 846. 

2 De Officiia, i. 24 (1710), p. 89. 

' New English Canaan, p. 119. It can scarcely be doubted that allusions to 
Fabius must frequently have occurred in the writings of the sixteenth and 
seventeenth centuries. 

* Exam en, iii. vii. § xlvii. p. 537. Quoted in the Stanford Dictionary. 

* Works (1869), p. 605. Quoted in the Stanford Dictionary, where no 
example is given between Swift and Macaulay (1855). 

* Letters (1866), iii. 255. » Works, ix. 369. 



1904.] SOME SOBRIQUETS APPLIED TO WASHINGTON. 277 

On December first, 1776, William Eddis, a Loyalist, wrote : 

The whole of York Island is in the possession of his Majesty's 
forces. General Howe has, for some time, been attempting to force 
General Washington to a decisive action, which he has, hitherto, avoided 
with the penetration of a Fabius.^ 

In the same year there appeared in an English magazine an 
article signed ** A By Stander," in which we read: 

When Hannibal had slain almost half the citizens of Rome, he saw 
the walls of their city, without possessing it. But America has found 
ber Fabius, before she sought her Cannae. Delay and defence are 
proved her system.* 

It is worth remarking, not only that Washington weus known to 
his countrymen, to the Loyalists, and to the British as Fabius, but 
also that Uie adjective Fabian possibly made its first appearance in 
the English language in connection with Washington.' His policy 
by no means won the approval of all, and soon complaints were 
heard, and the policy was both attacked and defended. On 28 
June, 1777, Alexander Hamilton wrote: 

I know the comments that some people will make on our Fabian 
conduct It will be imputed either to cowardice, or to weakness. But 
the more discerning, I trust, will not find it difficult to conceive, that 
it proceeds from the truest policy, and is an argument neither of the 
one nor of the other.^ 

In spite of the guard which John Adams in 1775 declared he 
kept over himself, the heat within him did indeed burst forth at 
times, and on 2 September, 1777, he thus freed his mind: 

St. Leger and his party have run away. So will Burgoyne. I wish 
that Stark had the supreme command in the northern department. I 
am sick of Fabian systems in all quarters. The officers drink^ A long 

^ Letters from America (1792), p. 886. 

« Remembrancer for the Year 1776 (1777), iv. 170. 

' In the Oxford Dictionaiy Dr. Marray's earliest example of Fabian is 
from Joel Barlow's Colambiad (1809) — where it is also applied to Wash- 
ington. The extracts in the text show that for » geaeration the word had 
been in familiar ose in this country. 

« Works (1886), viL 503. 



278 THE COLONIAL SOCIETY OF MASSACHUSETTS. [Feb. 

and moderate war. My toast is, A short and violent war. They would 
call me rash, etc., but I know better. 1 am as cool as any of them, 
and cooler too, for my mind is not inflamed with fear nor anger, whereas 
I believe theirs are with both.^ 

On 18 March, 1779, Hamilton, in reply to a request from Miss 
Livingston, daughter of Governor William Livingston, for a pass 
through the American lines for some friends, wrote as follows : 

Bat wlien, instead of availing yourself of so much better titles, you 
appealed to the cold, general principles of humanity, I confess I felt 
myself mortified, and determined, by way of revenge, to mortify you 
in turn. I resolved to show you tliat all the eloquence of your fine pen 
could not tempt our Fabius to do wrong ; and, avoiding any representa- 
tion of my own, I put your letter into his hands, and let it speak for 
itself. ... I congratulate myself on the success of my scheme; for 
though there was a harder struggle upon the occasion, between inclina- 
tion and duty, than it would be for his honour to tell ; yet he at last 
had the courage to determine, that as he could not indulge the ladies 
with consistency and propriety, he would not run the risk of being 
charged with a breach of both.' 

In his celebrated poem of M'Fingal, John Trumbull makes his 
hero see a vision of which the following is a part: 

Behold o'er Tarlton's blustring train, 

The Rebels stretch the captive chain ! 

Afar near Eutaw's fatal springs 

Descending Vict'ry spreads her wings I 

Thro' all the land in various chace, « 

We hunt the rainbow of success ! 

In vain ! their Chief superior still 

Eludes our force with Fabian skill, 

Or swift descending by surprize. 

Like Prussia's eagle sweeps the prize.' 

When the Marquis de Chastellux reached Philadelphia in 1780, 
after describing calls made on " Madame Beech," by whom he 

^ Familiar Letters of John Adams and his Wife Abigail Adams during the 
Revolution (1876), pp. 304, 305. 

« In T. Sedgwick, Jr.'s Memoir of the Life of William Livingston (1833), 
pp. 325, 326. 

» M'Fingal, iv. (1782), p. 74. 



1904.] BOMB SOBRIQUETS APPLIED TO WASHINGTON. 279 

meant Franklin's daughter Mrs. Bache, and on Robert Morris, he 
goes on to say : 

Dans la crainte que les d^liees de Capoue ne me fissent oublier lea 
campagnes d*Annibal & de FaJbius^ je voulus monter k eheval, d^s le 2 
decembre, pour aller voir le champ de bataille de Oermantovm,^ 

In his Eulogium on Major-General Greene, delivered 4 July, 
1789, Hamilton said: 

The sword having been appealed to, at Lexington, as the arbiter of 
the controversy between Great Britain and America, Greene, shortly 
after, marched, at the head of a regiment, to join the American forces 
at Cambridge ; determined to abide the awful decision. He was not 
long there before the discerning eye of the American Fabius marked 
him out as the object of his confidence.^ 

In his notorious Letter to George Washington of 80 July, 1796,. 
Thomas Paine wrote : 

Nothing was done in the campaigns of 1778, 1779, 1780, in the part 
where General Washington commanded, except the taking of Stony 
Point by General Wayne. The Southern States in the mean time were 
over-run by the enemy. They were afterwards recovered by General 
Greene, who had in a very great measure created the army that 
accomplished that recovery. In all this Washington had no share. 
The Fabian system of war, followed by him, began now to unfold itself 
with all its evils; but what is Fabian war without Fabian means to* 
support it?" 

In the Preface to a work published in 1797 and dedicated to- 
Washington himself, the Rev. Jonathan Boucher, who at one time 
had acted as tutor of Mrs, Washington's son, John Parke Custis, 
wrote these words : 

The pains which the leading men in the Northern Colonies took to 
engage those of Virginia in particular in their long-meditated project 
of independence, could be unknown to no man on the spot, who was 
duly careful to watch all those little incidents on which great events so 
often turn. Hence, when a Congress was resolved on, Mr. Randolph, 

* Voyages dans TAm^rique Septentrionale (1786), i. 17Q. 
« Works, vii. 27. 

• Writings (1805), ill. 240. 



280 THB COLONIAL SOCIETY OF MASSACHUSETTS. [Feb. 

a Viiginian, was pitched on to be it's first President : and hence too, in 
regular succession, the nomination of Mr. Washington, who was also 
of Virginia, to the command of the American Army. Both Tacitus 
and Pliny (indisposed as the former of these great writers certainly 
was to censure popular encroachments with any severity) bestow high 
praises on Rufus Virginius for having refused the empire when it was 
offered to him ; and for having declared, he would not take up arms, 
even against a tyrant ^ till he had legal authority so to do ; that is to 
say, till the Senate ordered him. . . • Rufus Virginius, however, was 
not that Roman, whom the Virginian Cincinnatus, or (as his country- 
men are more proud to call him) the American Fabius, may be supposed 
to have made his model.^ 

Having thus traced the history of Fabius as applied to Wash- 
ington during the last twenty-four years of his life, let us now turn 
to the designation of the Father of his Country. It is of course 
needless to point out that as a title of respect, the word '^ &ther *' 
has been employed among the English for centuries. The Fathers 
of the Church were alluded to in the fourteenth century. In 1591 
Shakspere made a serving-man speak of the Duke of Gloucester, 
uncle of Henry VI., as " a Father of the Common-weale." ^ In 
1700 Dryden called Chaucer " the father of English poetry." In 
1706 Thomas Heame referred to Sir Robert Clayton, Alderman 
and Lord Mayor of London, as " the Father of y* City." * 

Turning to this country, it is possible to present some fresh cita- 
tions. About 1684 we read of " The Venerable remains of M'. 
Roger Williams, the Father of Providence, the Founder of the 
Colony, and of Liberty of Conscience." * On 2 December, 1731, 
Governor Belcher thus addressed the Massachusetts House of Rep- 
resentatives : 

As I abhor every thing that carries the Face of blind Obedience, so 
do I the least appearance of want of Duty to a PRINCE who upon the 
highest Reason may challenge to be stiled, THE FATHER OF HIS 

^ View of the Causes and ConBeqaenoes of the American Revolution, 
p. xxxY note, 

a 1 Henry VI., iii. i. 08. 

* These examples are taken from that storehouse of knowledge, the Oxford 
Dictionary. It may be noted that pater patriae was applied to Marias, to Cioeio, 
to Trajan, and others. See Harper's Latin Dictionary, under po/er, D. 

* Early Records of Providence, viii. 17. 



1004.] SOME SOBRIQUETS APPLIED TO WASHINGTON, 281 

COUNTRY. Thus happy is the whole English World, IN HIS PRES- 
ENT MAJESTY : I therefore hope, we shall all endeavoar to make 
this People happy under the present Reign and Establishment.^ 

In 1764 Governor Hutchinson wrote that " In the beginning 
of 1649 (March) died Mr. Winthrop, the father of the country." ^ 

That Belcher should have called George the Second the Father 
of his Country, is not surprising. It is not without interest to 
note, however, that shortly before the outbreak of the American 
Revolution not dissimilar language was applied to George the 
Third. In a Petition to the King for the removal of Governor 
Bernard, drawn up 30 June, 1768, the members of the Massachu- 
setts House of Representatives thus expressed themselves : 

On the whole, Sir, We will Consider his most Sacred Majesty under 
God, as our King, our best Protector and common Father ; and shall 
ever bear him true and faithful Allegiance.' 

It is seen, then, that as a title of respect Father was well known 
to the American colonists.* It was to be expected, therefore, that 

^ Massachusetts House Journals, p. 2. 

* History of Massachusetts, i. 151. 

* Massachusetts House Journals, p. 93. Everything depends on the pomt 
of view. After the outbreak of the Revolution, Greorge the Third was de- 
picted by the American patriots as a fiend incarnate who delighted in their 
massacre. Not in these colors did the same monarch appear in the eyes of a 
certain maid of honor to Queen Caroline. The contrast presented by the 
letters of John Adams and the diaiy of Fanny Bumey, is amusing. It may be 
added that in 1787 Sir George Bromley dedicated his Collection of Original 
Royal Letters — 

To 

the father of his people, 

the pattern of virtaons condact, 

and 

the protector 

of 

liberal arts, 

GEORGE THE THIRD, 

King of Great Britain, &c. 

* Mention may be made of the employment of the word Father among the 
Indians. Apparently the English colonists borrowed this from the French 
of Canada. In 1684 the Governor of Canada having made complaints to 
Governor Dongan of New York of the conduct of the Senecas, the latter on 



282 THB COLONIAL SOCIETY OF MASSACHUSETTS. [Feb. 

in due time the designation of the Father of his Country would be 
applied to Washington. The circumstances under which the so- 
briquet was, so far as I am aware, fii'st employed, are of interest 
The Annapolis Convention of 1786 having proved abortive, it was 

AagQst fifth of that year gave an answer to Grovemor Dongan in which they 
said : 

When the Qovernor of Canada speaks to as of the Chain, he calls ns Children, and 
saith, / am your Father, you must holdfast the Chain, and I will do the same. I will protect 
you as a Father doth his Children* Is this Protection, to speak thus with his Lips, and 
at the same time to knock as on the head, by assisting oar Enemies with Ammunition? 

He always says, / am your Father, and you are my Children, and yet he is angry with 
his Children for taking these goods. (In C. Colden's History of the Five Indian 
Nations, 1727, p. 75.) 

Referring to events that occurred in 1761, Alexander Henry said : 

The Indians now gravely smoked their pipes, while I inwardly endnred the tortnres 
of suspense. — At length, the pipes being finished, as well as a long pause, by which 
they were succeeded, Minavavana, taking a few strings of wampum in his hand, began 
the following speech : 
" Englishmen, it is to yon that I speak, and I demand your attention 1 
"Englishmen, yon know that the French king is our father. He promised to be 
snch ; and we, in return, promised to be his children. . . . 

" Englishmen, we are informed, that our father, the king of France, is old and 
infirm ; and that being fatigued, with making war upon your nation, he is fallen asleep. 
During his sleep, yon have taken advantage of him, and possessed yoorselvee of 
Canada. But, his nap is almost at an end. I think I hear him already stirring, and 
inquiring for his children, the Indians ; — and, when he does awake, what will become 
of yon? He will destroy yon utterly!" (Travels and Adventures in Canada, 1809, 
pp. 42, 43.) 

Under date of 29 April, 1764, we read : 

This Afternoon eight Huron Chiefs & two or three young Men came to speak to 
the Commandant . . . Another Chief got up with a string of Wampum and said : 

. . . Brother, when yon first came here yon told ns you had conqner'd our Father 
and sent him over the Great Lake, & that all that belong'd to him was yours. (In F. B. 
Hough's Diary of the Siege of Detroit, 1860, p. 90.) 

In 1766 William Smith wrote : 

These is something remarkable in the appellation they gave to the English on this 
occasion, calling them Fathers instead of Brethren. 

Lawauohqua, the Shawanese speaker, delivered himself in the following terms. — 

" Fathers, for so we will call yon henceforward ; listen to what we are going to say 
to yon. 

^' It gave us great pleasure yesterday to be called the children of the great King of 
England; and convinces ns your intentions towards us are upright, as we know a 
Father will be tender of his children, and they are more ready to obey him than a 
Brother. Therefore we hope our Father will now take better care of his Children, 
than has heretofore been done. . . . 

" Herb is a belt with the figure of our Father the King of Great-Britain at one 
end, and the Chief of our nation at the other. It represents them holding the chain of 
friendship ; and we hope neither side will slip their hands from it, so long as the Sun 



1904.] SOME SOBEIQITETS APPLIED TO WASHINGTON. 283 

a grave question with Washington whether he ought to attend the 
Philadelphia Convention of 1787. Writing to Diavid Humphreys 
26 December, 1786, he said : 

That the federal government is nearly if not quite at a stand,, none 
will deny. The first question then is, shall it be annihilated or sup- 
ported? If the latter, the proposed convention is an object of the first 
magnitude, and should be sustained by all the friends of the present 
constitution.^ 

In March, 1787, he again wrote to several persons asking their 
opinions as to whether he should attend. Among these was Henry 
Knox, and on 19 March, 1787, Knox wrote a reply in which he 
said: 

As yon have thought proper, my dear Sir, to request my opinion re- 
specting your attendance at the convention, I shall give it with the 
utmost sincerity and frankness. I imagine that your own satisfaction, 
or chagrin, and that of your friends, will depend entirely on the result 
of the convention. For I take it for granted, that, however reluctantly 
you may acquiesce, you will be constrained to accept of the president's 

and Moon give light.'' (Historical Acconnt of the Expedition against the Ohio Indians 
under the Command of Henry Bonqaet, pp. 34, 35.) 

In a letter dated 19 November, 1779, George Rogers Clark said : 

The Treatj was condnded to the satisfaction of both parties: they were mach 
pleased at what thej heard, and begged me to favour them the next day with my 
Compy at a Council of theirs. I accordingly Attended ; greatest part of the time 
spent in Ceremony, they at last told me that they had been meditating on what I had 
said the day before : that aU the Nations would be rejoiced to have me always in their 
Country as their great Father and Protector. (Campaign in the lUinois, 1869, p. 79.) 

On 21 August, 1805, Major Pike wrote : 

AU the chief men of the village came over to my encampment ; where I spoke to 
them to the following purport : 

" That their great fiither, the president of the United States, wishing to become 
more intimately acquainted with the situation, wants, &c. of the different nations of 
the red people, in our newly acquired territory of Louisiana, had ordered the general 
to send a number of his young warriors, in different directions, to take them by the 
hand, and make such enquiries as might afford the satisfaction required." (Sources 
of the Mississippi, 1810, p. 5.) 

Thus, as these extracts show, the expression was transferred from the 
French Governor of Canada to the King of France, from the King of France 
to the King of Great Britain, and from the King of Great Britain to the 
President of the United States. 

* Writings (Ford*8 edition), xi. 101. 



284 THE COLONIAL SOCIETY OF MASSACHUSETTS. [Feb. 

chair. Hence the proceedings of the convention will more immediately 
be appropriated to yon than to any other person. Were the convention 
to propose only amendments and patchwork to the present defective 
confederation, your reputation would in a degree suffer. But, were an 
energetic and Judicious system to be proposed with your signature, it 
would be a circumstance highly honorable to your fame, in the judg- 
ment of the present and future ages; and doubly entitle you to the 
glorious 'republican epithet, Tlue Father of your Country.^ 

The Philadelphia Convention having drawn up our present Con- 
stitution, and that having been ratified by the requisite number of 
States, Washington was elected President in January, 1789, and 
soon after set out from Mount Vernon for his inajiguration at 
New York. In a Philadelphia newspaper of Tuesday, 21 April, 
1789, appeared the following: 

Yesterday His Excellency the President of the United States 
arrived in this city, about one o'clock, accompanied by the President of 
the State,^ the Chief Justice, ' the Speaker of the Assembly,* the 
Attorney-General,* the Honorable Mr. Read, * and Secretary Thomson,'' 
the two city troops of horse, the country troop, a detachment of artillery, 
a body of light infantry, and a numerous concourse of citizens on 
horseback and foot 

His ExcELLENCT rodc in front of the procession, on horseback, 
politely bowing to the spectators who filled the doors, windows and 
streets while he passed. The bells were rung, and a feu-de-joy was 
fired as he moved down Market and Second streets, to the City-Tavern. 

The joy of our whole city upon this august spectacle, cannot easily 
be described. Every countenance seemed to say, Long, long live 
George Washington, the Father op the People ! • 

From Philadelphia, where he arrived April twentieth, Washing- 
ton proceeded the next day to Trenton ; but he declined the honor 
of an escort of the city troop of light horse on the ground that as 
it rained he was obUged to ride in his carriage, — " for he could 
not, he said, think of travelling under cover, while they were ex- 

1 Washington's Writings, xi. 123 note. 

< Thomas Mifflin. * Thomas M'Kean. 

« Richard Peters. < William Bradford, Jr. 

* George Read. "* Charles Thomson. 

> Pennsylvania Packet, 21 April, 1789, p. 8/1. 



1904.] SOliB SOBRIQUETS APPLIED TO WASHINGTON. 285 

posed to the lain on horseback." ^ This conduct elicited the follow- 
ing comment : 

How different is power when derived from its only Just source, viz. 
The People, from that which is derived from conquest, or hereditary 
succession! The first magistrates of the nations of Europe assume 
the titles of Gods, and treat their subjects like an inferior race of 
animals. Our beloved Magistrate delights to shew, upon all occasions, 
that he is a man — and instead of assuming the pomp of master, acts 
as if he considered himself the father — the friend — and the servant of 
the People.* 

Arrived at New York, Wasliington was inaugurated President 
on the thirtieth of April. In an account of the celebration of the 
following Independence Day, dated New York, 4 July, 1789, we 
read: 

Our common FATHER and DELIVERER, to whose prudence, wisdom 
and valour we owe our Peace, Liberty and Safety, now leads and directs 
in the grand councils of the nation for their preservation. . . . This 
roused us to action, to deliberation, to decision — and now we celebrate 
an independent Oovernment — an original Constitution ! an independ- 
ent Legislature, at the head of which we THIS DAY celebrate THE 
FATHER OF HIS COUNTRY — We celebrate WASHINGTON I We 
celebrate an INDEPENDENT EMPIRE ! • 

The American Fabius, the Virginian Cincinnatus, and the 
Father of his Country were all epithets which, as we have seen, 
were freely bestowed upon Washington during his lifetime. In 
conclusion, let me for a moment dwell on a still more honorable 
and famous expression which was applied to him inmiediately after 
his death. The circumstances under which the expression was first 
employed are well-known, but the exact form of the expression is 
often inaccurately given. Our associate Mr. John Bartlett, in his 
invaluable Familiar Quotations,^ instead of going to the earliest 
printed sources, has relied on the account given by John Marshall 
in 1807, and so he and others have been led into error. Washing- 
ton was seized with his fatal illness on December thirteenth, 1799, 

1 Pennsylvania Packet, 24 April, 1780, p. 3/1. 

« Ihid. p. 3/1. 

• Ibid., 9 July, 1789, p. 2/3. * Ninth edition, p. 445. 



286 THE COLONIAL SOCIETY OF MASSACHUSETTS. [Feb. 

died on the fourteenth, and was buried on the eighteenth. *^ So 
short was the illness,'' writes Marshall, ^* that, at the seat of gov- 
ernment, the intelligence of his death, preceded that of his indis- 
position." ^ Congress was at the time in session and Marshall was 
himself a member of the House of Representatives. On December 
nineteenth Marshall announced to the House the death of Wash- 
ington and concluded his remarks as follows : 

Let us then Mr. Speaker pay the last tribute of respect and affection 
to our departed friend. Let the grand council of the nation display 
those sentiments which the nation feels. For this purpose I hold in 
my hand some resolutions which I take the liberty of offering to the 
house.* 

In a note Marshall adds : 

These resolutions were prepared by general Lee, who happening not 
to be in his place when the melancholy intelligence was received and 
first mentioned in the house, placed them in the hands of the member 
[Marshall himself] who moved them.* 

Let us now leave Marshall and turn to the Journal of the House 
of Representatives, where, under date of 19 December, we read : 

The House of Representatives of the United States, having received 
intelligence of the death of their highly valued citizen George Wash- 
ington, general of the armies of the United States; and sharing the 
universal grief this distressing event must produce, 
UnanimoiLfdy Be^lve, 

1. That this House will wait on the President of the United States^ 
in condolence of this national calamity. 

1 Life of Washington, v. 763. « Ibid. v. 765. 

* Ibid, V. 765 note. Whether Marshall wrote from roagh but inaccurate 
notes, or whether he trusted entirely to memory, it is impossible to determine ; 
but certain it is that his version of the resolutions is inaccurate. In order 
that the difference may be made clear, Marshall's account follows : 

The resolntious, after a preamble stating the death of general Washington, weie in 
the following terms. 

'' Resolved, that this honse wiU wait on the president in condolence of this monrnfal 
event. 

" Resolved, that the speaker's chair be shronded with black, and that the memben 
and officers of the honse wear black daring the session. 

'' Resolved, that a committee, in conjunction with one from the senate, be appointed 
to consider on the most suitable manner of paying honour to the memory of the MAN, 
first in war, first in peace, and first in the hearts of his fellow citizens." {Ibid. v. 765, 766.) 



1004.] PROTESTS AGAINST SLAVERY IN MASSACHUSETTS. 287 

2. That the Speaker's chair be shrouded with black, and that the 
members and officers of the House wear mourning, during the session. 

3. That a joint committee, of both Houses, be appointed to report 
measures suitable to the occasion, and expressive of the profound 
sorrow with which Congress is penetrated on the loss of a citizen, first 
in war, first in peace, and first in the hearts of his countrymen. 

4. That when this House adjourns, it will adjourn until Monday next^ 

On the twenty-sixth of December Henry Lee delivered before 
Congress his funeral oration. In this occur the words: 

First in war, first in peace, and first in the hearts of his countrymen, 
he was second to none in the humble and endearing scenes of private 
life.* 

Again on behalf of Mr. Matthews, Mr. Minns read the 
following remarks: 

Samuel Sewall's little pamphlet, The Selling of Joseph, printed 
24 June, 1700, was the first published protest against slavery in 
Massachusetts. In one place, he says: 

How horrible is the Uncleanness, Mortality, if not Murder, that the 
Ships are guilty of that bring great Crouds of these miserable Men, and 
Women. Methinks, when we are bemoaning the barbarous Usage of 
our Friends and Kinsfolk in Africa: it might not be unseasonable to 
enquire whether we are not culpable in forcing the Africcuia to become 
Slaves amongst our selves. And it may be a question whether all the 
Benefit received by Negro Slaves, will balance the Accompt of Cash 
laid out upon them; and for the Redemption of our own enslaved 
Friends out of Africa. 

And again : 

I am sure, if some Gentlemen should go down to the Brewstera to 
take the Air, and Fish : And a stronger party from Hvll should Surprise 
them, and Sell them for Slaves to a Ship outward bound : they would 
think themselves unjustly dealt with ; both by Sellers and Buyers. And 
yet 'tis to be feared, we have no other kind of Title to our Nigers^ 

^ Journal of the House of Representatives (1800), pp. 44, 45. 

^ Funeral Oration, in Eulogies and Orations on the Life and Death of 
General Greorge Washington, Boston (1800), p. 17. 

* 1 Proceedings of the Massachusetts Historical Society for October, 1863, 
vii. 163, 164. See also the Publications of this Society, i. 85-112. 



288 THE GOLOinAL SOCIETY OF MASSACHUSETTS. [Fbb. 

But though Sewall questions the right to hold men in slavery, 
he does not distinctly propose the abolition of slavery. In the 
Boston News-Letter of 10 June, 1706, appeared an article in which 
the ground was taken that white servants were superior to slaves ; 
but here the question was regarded as purely an economic one, and 
nothing is said as to the iniquity of slave-holding. The late Dr. 
George H. Moore, in his Notes on the History of Slavery in Mas- 
sachusetts, printed the article from the News-Letter,^ but gave 
nothing between 1706 and 1733, in which year the Rev. Elihu 
Coleman printed his Testimony against that Anti-Christian Prac- 
tice of making Slaves of Men. Even if this gap has since been 
bridged, no apology is needed for calling attention to another early 
protest against slavery, especially as it is hidden away in a tract 
where one would not expect to find it. In 1716 there was printed 
at Boston a pamphlet entitled, Some Considerations upon the 
Several Sorts of Banks proposed as a Medium of Trade. In this 
will be found the following passage : 

And as to Slaves, as was before demonstrated, they are a gr^Ht. 
hinderance to the Peopling and Improving the Country: And the 
Proverb tell us, That tlie Receiver is as bad as the Thief; and that if 
there were no Receivers^ there would he no Thieves : If those are true 
Proverbs^ then are not we of this Country guilty of that Violence, 
Treachery and Bloodshed^ that is daily made use of to obtain them ; 
we rendering our selves Partakers with them in that Wickedness? 
(For 'tis not to be supposed, that these do voluntarily abandon them- 
selves to be carried into a Foreign Country, and there to be sold for 
Slaves) If therefore the Country in stead of many Laws they have made 
obout Negroes^ should Enact, That twenty Years hence there should be 
no Slave in the Country, it would hurt no Man, but would greatly 
Encourage Servants to come, and necessitate their being brought over, 
to the great Increase and Strengthning the Country.^ 

Here again we meet with the economic argument, but the speci- 
fic allusion to the abolition of slavery within twenty years is inter- 
esting. This pamphlet was recently reprinted by our associate 

^ Notes on the Hifltory of Slavery in Massachusetts (1866), pp. 107, 108. 
^ Tracts relating to the Currency of the Massachusetts Bay, edited by 
Andrew McF. Davis (1902), pp. 179, 180. 



1904.] NATHANIEL WALKER APPLETON. 289 

Mr. Andrew McFarland Davis. As Mr. Davis says nothing as to 
its authorship, I suppose that it is unknown. 

Mr. Andrew McFarland Davis confirmed Mr. Mat- 
thews's surmise concerning the authorship of the tract. Mr. 
Davis also communicated photographic copies of three newly- 
discovered printed forms of Writ used in the Land Bank 
cases, drawn from the Suffolk Court Files. 

Mr. William C. Lane made the following communica- 
tion: 

The following letters from Nathaniel Walker Appleton to 
Eliphalet Pearson were found among other papers of Dr. 
Pearson lately received from his descendants by the Trustees 
of Pliillips Academy, Andover, of which school Dr. Pearson 
was the first preceptor . Such of the papers as related to Har- 
vard College, with the government of which Dr. Pearson had been 
closely connected as Professor and Fellow of the Corporation, the 
Trustees generously transferred to the Library of Harvard College. 
Among them were included this brief series of letters written by 
one classmate to another in the years immediately succeeding their 
graduation, while one was preparing for the practice of medicine, 
the other for the ministry. They contain many interesting refer- 
ences to College affairs, and they also reflect the stirring events and 
political passions of the time (1773-1778). 

Nathaniel Walker Appleton, the writer of the letters, bom in 
Boston, 14 June, 1755, was the son of Nathaniel Appleton of the 
Class of 1749, a merchant of Boston, a member of the Committee 
of Correspondence, and a Commissioner of Loans. His grand- 
father was the well-known Rev. Dr. Nathaniel Appleton of the 
Class of 1712, minister of the Church in Cambridge from 1717 till 
his death in 1784. An uncle John Appleton (bom 1739, died 
1817) lived in Salem, where Nathaniel W. Appleton studied 
medicine under the direction of his father's cousin, Dr. Edward 
Augustus Holyoke, a son of President Edward Holyoke. After 
remaining three years in Salem with Dr. Holyoke, he moved to 
Boston, where he died 15 April, 1795. A funeral " Discourae,. 
Delivered at the First Church in Boston, 19th April, A. D. 

19 



290 THE COLONIAL SOCIETY OF MASSACHUSETTS. [Feb. 

1795, the Lord's-Day after the Interment of Nathaniel W. Apple- 
ton, M.D.," was published in 1796 by the Rev. John Clarke, who 
is mentioned several times in the letters which follow.^ 

Eliphalet Pearson, Appleton's correspondent and College friend, 
was born in Byfield 11 June, 1752, and was educated at Dummer 
Academy. He entered Harvard College in 1769 and graduated in 
1773. In 1773-1774 he was Master of the Grammar School in 
Andover and was living in the family of his friend Samuel Phillips 
(later known as Judge Phillips) in Andover. He returned to 
Cambridge to study for the ministry, but during the College's exile 
from Cambridge, at the beginning of the Revolutionary War, he was 
again in Andover with his friends. He became the first preceptor 
of Phillips Academy, which was opened in April, 1778. After 
eight years of service, in 1786 he was called to Cambridge as Pro- 
fessor of Hebrew in the College. In 1800 he became a member 
of the Corporation of Harvard College, and was Acting-President 
during the interval between the death of President Joseph Willard 
in 1804 and the election of Samuel Webber in 1806. Becoming 
more ajid more dissatisfied with the liberal tendencies of the College, 
he resigned his professorship and his membership in the Corporation 
in 1806 and withdrew to Andover.^ On the establishment of the 
Theological Seminary in Andover, he was made Professor of Sacred 
Literature in 1808. 

His first wife was Priscilla, a daughter of President Holyoke, 
born in 1739 and accordingly his senior by thirteen years. She 
died in Andover, 29 March, 1782, soon after the birth of her 
daughter, Mary.' Dr. Pearson died 12 September, 1826.* 

^ Appleton married Sarah Greenleaf 24 May, 1780, and had seven children. 
After his death, his widow married Joseph Haveu of Portsmouth, New Hamp- 
shire, and died 2 January, 1838. See W. S. Appleton, Genealogy of the 
Appleton Family (1874), p. 22; Boston Record Commissioners' Reports, xjdv. 
285, XXX. 446. 

* For a letter written 19 March, 1800, by Samuel Gary, relating to Dr. 
Peai-son's resignation, see the Publications of this Society, iii. 177-179. 

' The daughter married the Rev. Ephraim Abbot of Greenland, New 
Hampshire (Sarah L. fiailey. Historical Sketches of Andover, p. 537). Dr. 
Pearson married for his second wife, in 1785, Sarah Bromfield, daughter of 
Henry Bromfield. 

* For a notice of, and allusions to, the Rev. Dr. Pearson, see the Publications 
of this Society, v. 205-214 and notes, vi. 221. 





9 






1904.] LETTERS OF NATHANIEL WALKEE APPLETON. 291 



Cambridge Dec'. 14* 1773. 
Dear Friend 

As I had wrote you three or four Letters and received no Answer, I 
was at a Loss to know what to impute to, but understanding by 
M'. Farrington * that you had wrote I concluded it had miscarried so 
thought proper to inform you of it, shall expect immediately a Long 
Letter from you in Answer to All those I have wrote. Herewith goes 
your News Paper* which I endeavour to send as soon as possible. 
The unhappy affair concerning the late Pr-s-d-nt remains as yet some- 
thing in the dark, perhaps Time may discover it.' He resigned on 6* 
Inst & went off to Sherburne the next Day. We Hope that the Cor- 
poration will make Choice of a Person to fill the vacant Chair who by 
his exemplary Virtue will remove the Blemish which now lays upon the 
College. There have been some Commotions in the S — C — which are 
yet not entirely settled.* Mr. Gannet is much approved of as Tutor.* 

^ A classmate, Thomas Farrington, of Amesbary. 

^ The Boston Gazette, as is evident from a later reference to the publishers, 
Edes and Gill, p. 307, below. 

* All the College records preserve a discreet silence in regard to the reasons 
for President Samuel Locke's resignation. At the meeting of the Corporation 
on 7 December, 1773 : 

Dr. Appleton commanicated a Letter from President Locke dated Dec^ 1^ 1773, sig- 
nifying his resignation of the Office of President of this College. Voted, that the Rev<* 
Dr. Appleton, Professor Winthrop and Mr. Eliot be a Committee to receive and take 
into their Care the Books Papers and other Things in the President*8 hoose, that belong 
to the College and to receive the Keys as soon as the late President has removed his 
Family & Effects. 

The cause of President Locke's resignation and of the considerate silence 
generally observed in regard to it, is disclosed in President Stiles's Literary 
Diary, i. 426. 

* I am indebted to Mr. Albert Matthews and to the Rev. Dr. Edward Everett 
Hale for the suggestion that the letters ** S. C." stand for the Speaking Club of 
Harvard College, the predecessor of the Institute of 1770. The records of the 
Speaking Club, comprising Journal, Laws and Orders, signatures of members, 
and accounts, are still preserved, almost intact, in the College Library. The 



» Caleb Gannett, of the Class of 1763, was Tutor from 1773 to 1780, Fellow 
from 1778 to 1780, and Steward from 1779 to 1818. He lived in the house that 
stood just west of the present site of the Harvard Law SchooL A water-color 
view of the College made about 1805, now in the College Library, was taken 
" from the Seat of Caleb Gannett Esq." Cf, Publications of this Society, vii. 202. 



292 THE COLONIAL SOCIETY OP MASSACHUSETTS. [Feb. 

I Understand you have some thoughts of going to Portsmouth, should be 
glad to know as to that Received a Letter ab' 10 Days ago from yoar 
Chum Cutler ^ & also one from our Friend Crosby ^ both well and in 

Club was founded in 1770, with Samuel Phillips, President; Joseph Peane 
Palmer, Vice-President; and Israel Keith, Secretary — all of the Class of 1771. 
Pearson and Appleton were received as members 18 June, 1771, at the close 
of their Sophomore year. Appleton was elected Secretary in June, 1772, and 
seems to have so remained while in College. As a resident graduate, he eyi- 
dently continued to take a lively interest in the Society. The object of the 
Society was to provide an opportunity for practice in public speaking and de- 
clamation. Despite the secrecy which attended the Society at the time, and 
which would have concealed its very existence, it may be permissible at this 
late day to quote three orders which were adopted 16 November, 1773, in order 
to show the serious way in which the work of the Society was taken. 

\5^\ That a Committee cotisistitig of 5 be choeen for the porpoee of zemarking 
upon the exhibitions in the Club ; and that this Committee shall be chosen 3 Months 
at least before they begin to act in the Clab ; and, in order, to qualify themselves for 
thefr office, shall stady the best treatises upon Elocution; and continue to execute 
their office 6 Months, unless the Club think fit to remove them for misbehaTionr or 
insufficiency. 

W\ That some of the best treatises shall be bought at the expence of the Clnb^ 
and read thro' in course in the Club by the Members each in his turn (a suitable part 
being read at each meeting) and that these books be left with the Com<«5 to be lent to 
the Members of the Club, as the Committee think proper. 

17<^. That the Committee be authorised to direct any Member of the Club to read 
the piece he has just spoke, or any other piece they think proper, that they may hare 
an opportunity of pointing out his faults more particularly, and he of correcting them 
by repeated trials. 

On 28 December, 1801, the name of the Society was changed to " Patriotic 
Association," in order that the object of the Society *s endeavors, which ap- 
parently was its sole secret, might not be betrayed by a casual mention of it» 
name. The entry in its record on this occasion is 'as follows : 

Preamble of the revising Committee, recommending an alteration of the name of 
this Society. 

As this Society has become venerable for its antiquity, and respectable for the 
virtue, merit, and dignity, of its members, from its first institution, it is with the 
greatest caution and diffidence that we propose any alteration, affecting its con- 
8ti[tu]tion. But, duly considering the wise design and prudent measures of our pre- 
decessors, to preserve the object of this Society an inviolable secret, and being actuated 



^ Nahum Cutler, the first member of the class to die. His name is starred 
in the Triennial Catalogue of 1776, but the date of his death is unknown. He 
is frequently referred to in the following letters. See, in particular, the mention 
of his death on p. 316, below. 

* Probably Stephen Crosby of Cambridge, a classmate. He was bom 8 Angost, 
1752, according to the Records of the College Faculty, iii. 168. 



1904.] LETTEB8 OF NATHANIEL WALKER APPLBTON. 298 

good Spirits, hope this will find you so. Yoa have doubtless seen the 
Proceedings of the PEOPLE.^ W£ wait the Event with Patience, trust- 

hj the same beneyolent motives, to transmit it unimpaired, as a blessing to posterity, 
and perceiving the danger, which now threatens it from those who ose every possible 
exertion to make it known, and that its present name, if inadvertently nttered, must 
betray its most impoitant secret, a secret which deeply [aflfects] the interest of this 
Society, and the peace and happiness of its members, we propose, and recommend, that 
this Society hence forth be denominated the *' Patriotic Assodation." 

For additional facts in regard to the history of the Speaking Club, and the 
other societies afterward incorporated with it, see the account of the Institute 
of 1770, by Francis Greenwood Peabody, in The Harvard Book (1875), ii. 841, 
812, and an earlier brief aoooont in the Harvard Magazine (1864), z. 286- 
239. 

^ After months of heated discnssion and protest stirred up by the duty laid 
upon tea, the Dartmouth, bringing the first cargo of the ** detested plant," had 
arrived in Boston Harbor on 28 November, 1773. On the following day a public 
meeting was called in Faneuil Hall which later adjourned to the Old South 
Church. Votes were passed declaring that the tea must be returned in the same 
bottoms in which it came, and that no duty shall be paid thereon. Adjourned 
meetings on the afternoon of the same day and on the next day (30 November), 
held for the purpose of hearing what propositions the consignees had to make, 
exacted promises from the owner and master of the Dartmouth and from the 
owners of the other vessels expected that they would comply with the require- 
ments of the people. A letter from the consignees, and in the afternoon a 
message from them brought by John Singleton Copley the artist, stated that it 
was out of their power to reship the teas, but that they were ready to store the 
teas under inspection until they were able to hear further from their constitu- 
ents. This offer was voted to be not '* in the least degree satisfactory to this 
body," and the watch which had been appointed the previous day ** for the se- 
curity of Capt. Hall's ship and cargo " was continued and instructed to take 
charge of other ships which might arrive later. Resolutions were passed de- 
nouncing as enemies to their country any persons who should import tea from 
Great Britain, and declaring that they would prevent its landing and sale and 
the payment of any duty thereon, and it was voted '' That it is the determina- 
tion of this body to carry their votes and resolutions into execution at the risque 
of their lives and property." ('^ Proceedings of the town of Boston on the 20th 
and 30th Novemb' 1773," as printed in the Boston Gazette of 6 December, 
1773, and in F. S. Drake's Tea Leaves, 1884, pp. 320-331.) The guard ap- 
pointed at this meeting was continued until Deoember sixteenth, the day of the 
••tea-party." 

As the time passed, and the twenty days were nearly expired at the conclu- 
sion of which the vessel was liable to seizure for non-payment of duties, the 
Committee of Safety began to put pressure again upon Mr. Rotch, the owner 
of the vessel, to fulfil his promise to send her back, yet she could not be legally 
cleared until her whole cargo had been discharged. At first he refused, but on 



294 THE COLONIAL SOCIETY OP MASSACHUSETTS. [Feb. 

ing that all will work for the best good of this much injured People. 
Thus much for Politics — the Paper will not allow Me to enlarge — so 
conclude with subscribing myself 

Your sincere Friend & Class-Mate 

Nath^. Walker Appleton. 
P.S. Pray write me soon. 

[Addressed] 
To 

Mr Eliphalet Pearson 
School-Master 
in 
Andover 



December fom'teenth (the date of Appleton's letter) a public meeting was again 
held called by handbills as follows : 

Friends ! Brethren ! Conntrjmen ! The perfidiona act of joor reckless enemies to 
render ineffectual the late resolves of the bodjr of the people, demands your aasemhling 
at the Old South Meeting Homie, precisely at ten o'clock this day, at which time the 
bells will ring (Drake's Tea Leaves, p. Ivii). 

Mr. Rotch being again present, was inqnired of as before, and a motion 
was made and seconded that Mr. Botch be enjoined forthwith to repair to the 
collectors and demand a clearance for his ship, and ten gentlemen were ap- 
pointed to accompany him as witnesses of the demand. 

Mr. Rotch and the Committee proceeded to the Collector's (Mr. Harrison), 
but were put off till the next day with an evasive answer. On Thursday morn- 
ing (16 December) the people met again, and having learned that Mr. Rotch 
had been refused a clearance by the Collector they required him to enter a pro- 
test against the Custom House and demand a pass for his ship from the Gov- 
ernor who was then at his country house in Milton, and adjourned till the 
afternoon. Meeting again at three (almost 2000 men were present) they waited 
impatiently till about six o'clock when Mr. Rotch returned with word that the 
Governor could not be persuaded to give a pass till the ship were cleared by the 
Custom House. The result was not unexpected; the meeting immediately 
dissolved, and the same evening the '^ tea-party " took place on board the three 
vessels, two ships and a brig, which were lying at Griffin's Wharf. See the 
account in the Boston Gazette of 27 December, 1773, and in Drake's Tea Leaves, 
pp. 334-336, from which part of the above is quoted. Gov. Hutchinson's 
account of the same proceedings is given in his History of Massachosetts, 
iii. 429-438. 

On 14 December, the same day on which Appleton was writing to Pearson, 
Thomas Hutchinson, Jr., one of the consignees, wrote to his brother from 



1904.] LBTTEES OF NATHANIEL WALKER APPLETON. 295 

n 

Cambridge Dec 21'^ [1773]. 
Tuesday Evening 

7 ''Clock. 
Deab Sib 

I receiv'd your kind Fav'. of 29* ult: this Morning, when I went to 
Mess". Osgood & Farrington's Shop to leave your Paper ; I can assure 
you Sir it gave me great Pleasure to receive a Line from you as I have 
been in anxious Expectation of it these some Weeks past ; I had almost 
despaired of ever receiving one, but was relieved from it by Sir Far- 
rington ^ who informed me you had wrote, so concluded it was miscarried 
which I suppose is the one I have now receiv'd. You have ask'd pardon 
for your Neglect, which I readily give, on condition that the Number of 
your future Letters equal mine, or in other words that you write every 
Opp°. I am extremely obliged to you for your Expressions of Friend- 
ship towards me who am so unworthy of them, tho' I doubt not they 
were sincere, as they came from one who I know means to be sincere in 



Castle William (whither most of the oonsignees had retired on 29 November 
and where they stayed some six weeks) : 

I hear there is a meeting of the mobility todaj but don't know the resnlt. I hardly 
think they will attempt sending the tea back, but am more sure it will not go many 
leagaee (Diary and Letters of Thomas Hutchinson, 1884, i. 96). 

Several papers relating to the difficalties in which the consignees of the tea 
found themselves, and accounts of the riotous proceedings resulting therefrom, 
were communicated to this Society at its February meeting, 1903. See pp. 78- 
102, above. 

^ Bachelors of Arts, continuing their residence at the College, were called 
Sir until they had 'taken the Master's degree. The use of the term goes back 
to the very earliest days of the College, when its equivalent Dominus is also 
found in the records. Mr. Albert Matthews has noted instances of the use of 
Sir in connection with Harvard College from 1649 to 1790, and calls my atten- 
tion to the following passage by the Bev. Andrew Clark : 

So soon as the candidate had been admitted to the degree he was by courtesy styled 
' Bachelor of Arts/ and his name appeared in the University and College books with the 
prefix for that degree (in Latin 'Dominus,' contracted 'D^'; in English 'Sir/ con- 
tracted * SV). (Register of the University of Oxford, 1887, ii. i. 50.) 

See also B. H. Hall's College Words and Customs (1851), p. 279; Sibley, 
Harvard Graduates, i. 17 noiCy ii. 2 note; Sewall's Diary, i. 51 ; B. N. Toppan, 
in Publications of this Society, iii. 411. 



296 THE COLONIAL SOCIETY OF MASSACHUSETTS. [Feb. 

all he sajs or does. I readily agree with you that the Essence of a 
Letter consists not in Sublimity of Diction or Justness of method as yon 
may perceive by the Inaccuracy of this Scroll. By your Boarding in the 
best Families I take it for granted that you must enjoy a great Satis- 
faction in the very agreable Company of Mr. Phillips & his Lady.^ I 
can readily conceive of a School of 110 Scholars employing the most of 
your Time.* As for myself I do not sufficiently improve my Oppourtu- 
nities to gain Knowledge although I may be said to receive Nourishment 
from the Fountain Head, being diverted by much Company & my own 
natural Fickleness. As to the unhappy Affair ooncerning the late 
Pr-s-d-nt it remains as yet in the dark. The Corporation are ordered 
to proceed with all convenient Speed to a new Election ; trust that it 
may be a Repairer of the great Breach which is now made upon the 
Character of the College. D'. Eliot & M'. Willard are talked of to sue- 
cee<l to the Chair. As to the S. CL Affairs are not yet thoroughly settled, 
but when they are, will inform you. When I go to Boston, will stop 
your Paper according to your Desire. M^ Gannet our new Tutor is 
generally liked. 8'. Parsons* is well, he proposes to tarry here the 
Vacancy, believe I shall do so likewise. If you 'U write to your Chum 
Cutler & send it to me I will endeavour to send it by Emerson who goes 
either next Week or the Week after next. The detested TEA is the 



^ Samuel Phillips, who a few years later was chiefly instrumental in the 
foundation of Phillips Academy, graduated from Harvard College in 1771. 
He married in 1778 Miss Phoebe Fozcroft, youngest daughter of the Hon. 
Francis Foxcroft of Cambridge, whom he had known while in College. 
Pearson and Appleton were doubtless well acquainted with her also, for all 
had been parishioners of Appleton's grandfather, the Rev. Dr. Nathaniel 
Appleton. Phillips*s grandfather was the Rev. Samuel Phillips of Andover, 
pastor of the church there for almost sixty years, who had died 5 June, 1771, 
at the age of 81. 

* This was the Andover Grammar School, first established in 1700. Of forty- 
five masters of this school before 1792, all but five were Harvard graduates. See 
Sarah L. Bailey's Historical Sketches of Andover (1880), p. 522. 

* Theodore Parsons, son of the Rev. Moses Parsous of Byfield, and younger 
brother of Theophilus Parsons, Chief-Justice of Massachusetts. Prof. Theo- 
philus Parsons says of him : 

From my earliest childhood I was accustomed to hear mj nncle Theodore spoken of 
as having been the star of the family. I am quite sare that as mach was expected from 
him as from mj father, if not more. He stndied medicine [in Newbaiyport], and was 
with the army in Rhode Island in 1778, and wrote many letters home. Immediately 
afterward he went to sea as snrgeon of a privateer, and after one letter was never heard 
of more. (Memoir of Theophilos Parsons, by his Son, p. 26.) 



1904.] LETTERS OF NATHANIEL WALKER APPLETON. 297 

general Topic of Conversation, the Council^ met to day but did not 
advise to the Issuing of a Proclamation in order to discover the Persons 
concem'd in destroying the s'd Tea. M^ Attorney General ' has been 
pleas'd to s[t]ile it High Treason perhaps he thinks that great Words 
will put this People in Terror, but I believe he is mistaken ; if the other 
Colonies send back or destroy those Teas sent them ; I am apt to think 
it will be hush'd ; but if it should prove otherwise, take care poor Boston, 
Thank you for the Compliment (for as such I shall consider it) of your 
being surpass'd by the Spirit & Elegance of my Letters. I hope that 
I shall not be strict to mark Iniquity. Shall let your Plea of a stiff 
thumb bear its full Sway — doubtless ere this you ai*e tired of reading 

so I conclude by assuring you that the 
of tner I receive Letters from yow, the 
more Satisfaction & Pleasure it will 
certainly give 
PS. Pray excuse my 

Interliniugs <Sb other EiTors Your sincere Friend 

pai*ticularly Egotism. NathK Walkeb Appleton. 

M'. Eliphalet Pearson 
in 
Andover. 

^ The account of this Council meeting in the Boston Gazette of 27 December, 
1773, is as follows : 

At a ConncU held at the House of the hon'ble William Brattle, Esq; in Cambridge 
on Tuesday the 21st day of December 1773. 

PRESENT. 

His Excellency Thomas Hutohinsozy, Esq ; Gorernor. 
Samuel Danforth, Willm. Brattlb, ^ Jambb Pitts, 
Isaac Royal, Esq'rs Jambs Bowdoik -^ John Winthsop, 
John Ertino, James Russell h (Esq'rs. 

His Excellency acquainted the Council that the reason he had summoned them to 
meet at this time was that he might have their advice relating to the high huided Riot 
on the evening of the 16th Instant between the hours of six and nine o'Clock, committed 
by persons disguised and unknown, on board three Vessels lately arrived from London 
then lying at a Wharf e in the Southerly part of the Town of Boston known by the name 
of Griffin's Wharfe, — After long debate it was — 

Advised, That the Attorney General be directed to make diligent inquiry into the 
offence aforesaid in order to discover the offenders, and that he lay his discoveries before 
the Grand Jury for his Majesty's Superior Court of Judicature &c for the County of 
Suffolk, at their next Term, in order for prosecution (p. 3/1). 

^ The Attorney General at that time was Jonathan Sewall (Whitmore*8 
Massachusetts Civil List, p. 124). 



298 THE OOLOyiAL SOCIETY OF MASSACHUSETTS. [Feb. 

in 

Cajcbridgb Deer: 27ti>: 1773. 
Dear Fbibnd 

I receiv'd your's of 19* Ins*, on 24*^ at Night I can assure you it 
gave very great Pleasure to receive so kind & long a Letter from one 
whose sincere Friendship towards me merits my highest Esteem. I con- 
gratulate you on your being as well situated as most, (perhaps / may 
say as well as any) of your Order. I hope you have ere this receiv'd 
my two Letters with your News Paper of 20* ins^ inclos'd in one ; the 
other directed as if fav**. by Mr. S. A[ ] though they did not go by 

him, both I believe bear Date 21'* ins*. Mess" [Osgood and] Farrington's 
Shop really cuts a Flashy I doubt not but they '11 make it do well after 
they get their Distill-House up ; As such a Shop &c was very much 
wanted in this Town. I readily agree with you in your Remarks upon 
the detested TEA^ which now causes & has caus'd more trouble & Vexa- 
tion, Expence & Luxury, & perhaps such Consequences will (next 
Spring) follow upon the People's being obliged to destroy it, as the 
Wealth even of the East Indies itself will never be able to repair. I 
mean both its moral & political Consequences. However We must 
leave this & all other Matters to him who rulest & ordainest all things 
in inGnite Wisdom. The Corporation met this Day at my Grandfathers 
in order to consult & deliberate upon the important Affair before them, 
as soon as they come to a Choice I '11 endeavour to inform you. Per- 
haps my dropping the following Expressions in one of my Letters (viz! 
*^ If you'll condescend to write me") was through inadvertency, but I 
now recall it. Will endeavour to follow your kind Directions concern- 
ing the S — C — & when things are fully ripe, will write you. Forgot to 
stop your Paper on Friday when I was at Boston but will endeavour to 
remember it next Time. If your Paper comes to Town in Season will 
inclose but, if it should not, will send it the first Opp^ This Goes by 
Doct'. Bowman who is to go off to-morrow-morning early. This the 
needful at present from your sincere Friend 

Nath^. Walker Afplbton. 
Mr. E. Pearson, Pedagogue. 

PS. D'. Bowman in[forms m]e that you talk of coming down sooti, 
pray inform me as to the Truth of it. 

T* ut Supra. 

[Addressed] 

To M: Eliphalet Pearson 
School-Master 
Fav'd by in 

D' Bowman Andover 



1904.] LETTERS OF NATHANIEL WALKEB APFLBTOK. 299 

IV 

Dear Eliphalet 

I wish you a happy new Year. 
Hope yoa have ere this receiv'd my two last, as I have not been at 
Boston since I wrote you. I did not stpp your Paper, but I intend to 
go certainly this Week & will endeavour to remember it, pray write me 
every Opp*? All well. The News you '11 see in the Paper, the Indiam ^ 
are determined that there shall be no Tea used any where. I rec'd a 
line from Cutler yesterday, he is well & in good Spirits. I propose to 
tarry here this Vacancy.' S^ Parsons tarries here as Scarecrow.* 

So this the needful at present 

from your sincere Friend 
N W Appleton. 

^ The example of the Boston ** tea-party '' was imitated on a smaller scale on 
several occasions, and the accoants of such proceedings are found in the papers 
of the day and were evidently relished by their readers. The Boston Gazette 
of 3 January, 1774, notices two such cases : 

Whereas it was reported that one Withington, of Dorchester, had taken up and partly 
dispoBed of a Chest of the East-India Company's Tea : a Number of the Cape or Narra- 
gansett-Indians, went to the Houses of Capt. Ebenezer Withington, and his Brother 
Philip Withington, (both living upon the lower Road from Boston to Milton) last Friday 
Evening Q31 December^], and with their consent thoroughly searched their Houses, with- 
out offering the least offence to any one. But finding no Tea they proceeded to the 
House of old Ebenezer Withington, at a place called Sodom, below Dorchester Meeting- 
House, where they found part of a half chest which had floated, and was cast up on 
Dorchester point. This they seized and brought to Boston Common where they com- 
mitted it to the flames (p. 3/1). 

The Vessel which bro't up the Goods (last Saturday) saved out of Capt. Loring^s 
Brig, was the same Evening thoroughly searched by Indians, and no TEA found on 
board. Such a good Look-out being kept, What aceaiion is there for Tidb- Waiter's, 
Pimps, or Infobmers 1 (p. 3/2). 

Sodom was a name applied to the low lands east of Meeting Honse Hill 
bounded, practically, by East, Freeport, High, and Church Streets. 

^ Vacations at this time (under vote of 6 June, 1766) were four each year, 
one of four weeks following Commencement, one of two weeks from the third 
Wednesday in October, one of five weeks from the first Wednesday in January, 
and one of two weeks from the second Wednesday in April. The vacations 
in spring and autumn were provided expressly that the students might visit 
their homes and get their summer or winter clothing in order. 

* This is explained by the Faculty vote of 3 January, 1774 : " Voted that 
Sir Parsons have the whole care of the Colleges this Vacation." The term was 
evidently in common use, and was accepted by Faculty as well as students, for 
it occurs at least once in the Faculty Records — as the marginal note against a 
similar vote, 14 August, 1776. 



800 THE COLONIAL 800IBTY OP MASSACHUSBTT8. [Feb. 

To 

Eliphalet Pearson A.B. 

in 
p' the Bearer. Andover 

PS. The People of Charlestown burnt their Tea last Friday 
at Noon.^ 

Y" 
E.R AB NWA 

\Addre88ed] 
For 

Mf Eliphalet Pearson 
in 

Andover 

^ The Boston Gazette (Supplement) of 27 December, 1773, reports that oa 
25 December, the dealers in Charlestown resolved and agreed^ 

That we will not after this Day, directly or indirectly, by Ourselves or any for or 
under Us, bay or sell or suffer to be used in our Families, any TEA, until the Duty is 
repealed. 

And whereas some of us may have more Tea on hand than others, in order that the 
Loss may fall equally, Voted, That the same be bought at the joint Expenoe of this 
Company and destroyed (p. 1/3). 

The Boston Gazette of 3 January, 1774, gives the farther proceedings of the 
people of Charlestown in respect to the use of tea : 

At a legal and very full Meeting, of the Freeholders, and other Inhabitants of the Town 
of Charlestown, December 2S, 1773. 

The following Votes were Unanimously passed. 

1. Considering the Advantages that wiU result to this Community (in every Point of 
Light) from the Disuse of India Tea; We will not by ourselves, or any from or 
under us, buy or sell, or suffer to be us'd in ou[r] Families, any such Tea, till the Britiah 
Act of Parliament, imposing a Duty on the same shaU be repealed. 

2. That a Committee be chosen to collect from all the Inhabitants of this Town, all 
the Tea they may have by them ; and that such Persons, as shall deliver up the same to 
said Committee, be paid by the Town the Price it cost them. And that the Tea so 
collected, be destroyed by Fire, on BViday next at Noon-Day, in the Market Place. 

3. That Messrs. Isaiah Edes, Samuel Conant, Caleb Call, Benjamin Hurd, Samuel 
Wait, Baitry Powars and David Wood^ jun. be the committee for the Purposes above- 
mentioned. 

4. That the above named Persons, be a Committee of Inspection, to see that aU the 
aforegoing Votes be fully complyed with. 

5. That if any of the Inhabitants of this Town, shall do any thing to counteract, or 
render ineffectual the foregoing Votes, they are not only inimical to the Liberty of 
America in general, but also show a daring Disrespect to this Town in particular. 

6. T]iat the Committee of Correspondence, for this Town confer with the Committee 



1904.] LBTTBBS OP NATHAOTBL WALKEE APPLETON. 801 



Cambkidob JaDj. 4th 1773 [1774] 

llKJlock A.M. 
Dear Friend 

I receiv'd your Letters bearing Date Decf. 28 & 81" this Day at 
10 7Clock & not before. Went immediately over to College, but cUaas 
SheaflPe,^ Clarke, Rogers, Penhallow, McClintock, Emerson, Fenton & 
King were all gone off this Morning, I hanted all over College to find 
one going that way, after a Search & Inqairy of i an Hour I found one 
Evans a freshman, that belongs to Dover, he '11 set off this Afternoon, 
says, that he has opportunities every Day to send to York, so I com- 
mitted the Letter to his Custody, trusting that it will arrive safe at 

of Correspondence for the Town of Bo$ton, and desire their Influence, that similar 
Measures may be taken in their Town. 

7. That the above Proceedings of this Town, be published in the News-Papers. 
A Copy, 

Attest SsTH SwBBTSXK, Towu Clerk (p. 3/1). 

The same issne of the same paper reports the carrying ont of the vote to 
destroy the tea on hand : 

The Inhabitants of Charlestown, ap^reeable to a unanimous Vote of said Town the 
Tuesday proceeding, on Friday last ,yolantarily bro't all their TEA into the public 
Market Square, where it was committed to the Flamep at high Noon-Day. — An Example 
well worthy Imitation 1 ! (p. 3/2). 

1 Sheaf e, Clarke, Rogers, Emerson, and Barnard were members of the Senior 
Class (1774) ; Macchntock and Osgood graduated in 1775; Penhallow, King, 
and Evans graduated in 1777 ; Poor is more likely to have been Daniel Noyes 
Poor of West Newbury, of the Class of 1777, rather than John Poor of 1775, who 
came from New Hampshire. Joseph Evanses home was in Dover. Thomas 
Fenton was a Freshman, but left College before completing the course. The 
Faculty Records (iii. 243) state that he was born 17 January, 1757, and give 
Charlestown as his residence. He was doubtless the 8on of Capt. John Fenton 
of Boston, who, with wife Elizabeth, lived in Charlestown, where the father, 
sometimes described as of Boston, was taxed, 1770-1773, as a landed proprietor 
(Wyman, Genealogies and Estates of Charlestown, i. 343). John Fenton and 
Elizabeth Temple published their marriage intentions 29 September, 1755 
(Boston Record Commissioners' Reports, zxx. 16). Elizabeth Temple was 
doubtless the daughter of Robert Temple of Ten Hills by his wife Mehitable, 
daughter of John Nelson, and was baptized at Christ Church, Boston, 9 April, 
1727. Capt. John Fenton was of the British Army and died in Dublin, Ireland, 
in March, 1785, leaving issue. See T. Prime, Some Account of the Temple 
Family, Second edition (1894), p. 34 and note. For this information about 
Fenton, I am indebted to Mr. Henry H. Edes. 



302 THE COLONIAL SOCIETY OP MASSACHUSETTS. [Feb. 

its destiDed Port The Letter in which yonr Paper is enclos'd was 
wrote at 9 **|Clock this Mom. I could find no one going Andover Road, 
Osgood, Poor & Barnard gone off, so I now write an Answer waiting 

the first Opp°- to send. Now for your Letters Perhaps one 

Reason why you would not write on any learned Subject was because 
you thought, (I say perhaps) that / should not understand. I do not 
like your Method of writing, it is too much like sermonizing, which you 
know we have twice every Week, however I '11 allow for your writing, as 
perhaps it may be in order to get your hand in, as I suppose you intend 
to pr — cL Whenever you do undertake to write a Sermon I hope that 
you '11 not go to Work in this Way as it will be (as you very well say) all 
Method & no McUteVy it will answer to spin out the Hour, but I trust 
you'll be enabled to entertain your Audience an Hour, with Matter 
as well as MetJiod. You may remember that in the S"* place under the 
2** place which was under l** Head you have these Words " S^^ Thirdly 
the alleviation or mollification of the Condition " which please to explain 
in your next. Remember you have promised me the other 4 Heads when 
you have Time. Am glad you slept some & was some refreshed after 
sermonizing till Midnight. As for me I intend to tarry here & embrace 
the Privilege of living here till the Spring when I propose to go & live 
with some Practitioner in Physic perhaps at Boston. As for News & 
Curiosities I have nothing except what is in the papers. I conclude 
that by the Time you receive this you *ll be out of Concern for Boston 
as all the Colonies have in a Manner united. The detest* d Plant is not 
drank in the Hall,^ perhaps it may be in some few private Chambers ; 

^ Despite what Appleton says of the use of tea in the Hall (in Harvard Hall), 
its use was revived to some extent and it came to be a source of trouble, as is 
shown by the following extract from the Faculty Records of 1 March, 1775 : 

A Disorder having arisen this morning in the Hall at breakfast, between some of the 
Students, respecting the drinking of India Tea ; & some of the Utensils for breakfasting 
having been broke : & the Parties having been heard — 

Resolved 1. We disapprove of the condnct on both sides as imprudent 

Resolved 2. That the regulation of the Hall belongs exclnsively to the Government of 
the College, & conseqnentlj that no Students have a right to interpose with regard 
thereunto, & that those Students who have thus interposed have conducted disorderlj ia 
this respect, & ought to make restitution for the Property of their fellow Students, by 
such interposition destroyed. 

Resolved 3. Since the carrjring India Teas into the Hall is found to be a Source of 
uneasiness & grief to many of the Students, and as the use of it is disagreable to the 
People of this Country in general ; & as those who have carried Tea into the Hall declare 
that the drinking of it in the Hall is a matter of trifling consequence with them ; that 
they be advised not to carry it in for the future, & in this way that they, as well as the 
other Students in all ways, discover a disposition to promote harmony, mutual affection. 



1904.] LETTERS OF NATHANIEL WALKEB APPLETON. 808 

for my part have not drank any this sometime & believe I shall not till 
the Duty is repealed &c. Shall expect to see you here this Winter. 
Thus much for your's bearing Date 28*** Dec'. Thank you for your Wish 
of a happy new Year. Am sorry you are not pleas*d with the Tea 
Dealers in Boston.^ I would just ask you one Question. Pray what 

& confidence, so well becoming Members of the same Society : that so peace & happiness 
mar be preserved within the Walls of the College whatever convolsions may unhappily 
distract the State abroad (iv. 4, 5). 

A similar state of feeling against the use of tea at Princeton is shown by 
the following paragraph in the Boston Gazette of 14 February, 1774 : 

By a Gentleman just arrived from Princetown, in New-Jersey, we are informed, that 
the Stndents of Nassau College, being determined to contrihnte their Assistance towards 
discountenancing the Use of the detested Tea, collected all that was in the College, and 
voluntarily made a burnt Sacrifice of the same. They also burnt the Effigies of Gover- 
nor H n, amidst the repeated Acclamations of a large Crowd of Spectators (p. 3/2). 

^ In the Boston Gazette of 20 December appeared a "Notification," dated 
18 December, 1773, as follows : 

At a Meeting of some of the principal Venders of TEAS in Boston, on Friday Even- 
ting the 17th Instant, for consulting and determining on suitable Measures to be adopted, 
and to cooperate with a Number of respectable Inhabitants of this Province, express'd 
by a Vote of their late Assembly to suppress the Use of that detested Article ; the more 
fully to execute this Purpose, it was agreed that a general and full Meeting should be 
convened on Tuesday the 2 1st Instant, 5 o'Clock, P. M. at the Royal Exchange Tavern 
in King-Street ; where it is desired and expected that all the Dealers in, and Venders 
of Teas will punctually attend. 

N. B. It is earnestly desired that those concem'd would not fail of giving attendance 
at the Time fix'd (p. 3/2). 

The resolations passed at the meeting are given in the Boston Gazette (Sup- 
plement) of 27 December, 1773 : 

At a Meeting of a large Number of the principal Dealers in Teas in Boston, the 20th, 
and continued by Adjournment to the 23d q/* December, 1773. 

[A preamble rehearses the dangerous character of the ministerial movement in favor 
of the East India Company, and laments the interruption of that reciprocal affection 
which had formerly subsisted between the parent state and the Colonies, and continues :] 

Apprehending it may be in some degree in our power, to facilitate this wish'd for 
State, by our late Connections, as sellers of the article thus burthen'd, and the consequent 
influence we must have in suppressing its use : This consideration, hath begot an expec- 
tation in many of our fellow-citizens, and countrymen, that we do unite our endeavors 
with theirs in exterminating this destructive herb from the province — 

It must be evident to our Friends and Countrymen, in the Seaports and other Towns, 
that a congruity of action at this important crisis, is as necessary, as a unanimity of 
sentiment; and that this instance of disinterestedness we are about to exhibit, by a 
voluntary surrender of an advantageous article of commerce, when oppoe'd to the public 
good, will stimulate them to adopt similar measures to ours ; in this confidence, sup- 



804 THE COLONIAL SOCIETY OP MASSACHUSETTS, [Feb. 

Good does it do to burn their Tea for which they have paid the Dntj 
&c ? Let them stand by their Resolution not to import, vend or use 
any more. The 89 Protestors of Plymouth, are universally despis'd.^ 



ported by a recoUecdon of their inflexible yirtae, frequently, and recently manifested, — > 
We chearfuUy enter into the following Resolves ; 

1. That from and after the 20th January 1774, we will totally suspend the sale of 
aU Teas, until the sense, and determination of the Inhabitants of the Sea-Ports and 
other Towns, can be known, with respect to its total expulsion ; or until a repeal of 
the Revenue Act may take place. 

2. That we will not in the mean time, purchase on our own account, or receive on 
commissions, or otherwise, any Tea whatever. 

3. That the Tea we have by us unsold, which cost ua 5s shall be sold at no more than 
4d. advance, until the time limitted for suspending the sale. 

4. That a Committee be appointed to apply to all the Dealers in Tea, in this Town, 
to obtain their compliance to these Resolves, and make report of the same, with the 
Names of those who decline, (if any there may be) at onr next meeting. 

5. That if from the change of circumstances, or the intervention of other causes, any 
Ten of our number shall judge It necessary to caU a Meeting, to make any alterations, 
or to adopt other measures to affect the aforesaid purpose, they have our Consent to 
doit. 

N. B. It is desired that aU persons concerned would consider the importance of a 
just determination, and be prepared to give answer to the Committee, who wiU apply to 
them in a few days. 

The result of the labors of the committee appointed in accordance with the 
fourth resolution was reported as follows in the Boston Gazette of 24 January, 
1774: 

Bo9TO!r, January 20. — The Committee appointed at the late Meeting of the Dealers 
in Tea in this Town, joined by a Qentleman from the Committee of Correspondence in 
this Place, to repair to the Persons concerned in the Sale of that Article to obtain their 
Assent, and Subecription to the Resolves passed at said Meeting ; have in Conformity, 
applied to the principal Dealers, and find the Numbers to stand thus, 

79 against the Sale and Use of all Tea, 
9 for the Sale and Use only of such as may not be subjected to Duty. 

This being the Day fixed when the Sale of Tea will cease, it is desired and expected 
that such who have agreed to, as well as those who have subscribed the Resolves offered 
to them by the Committee, will strictly adhere thereto ; and it is wished that the Few 
who have not, will on a Reconsideration, perceive the Utility and Necessity of the 
Measure, and immediately join their disinterested Fellow-Citizens in the same Resolu- 
tions (p. 3/1). 

^ On 7 December, 1773, the citizens of Plymouth passed resolntions support- 
ing and approving the action of the Boston patriots. These were published in 
Draper's Gazette of 23 December. On 13 December a protest against the reso- 
lutions and reflecting severely on the course taken by the Old South meeting 
was signed by 80 persons (see Boston Gazette, Supplement, of 27 December). 
Several of the signers afterward withdrew their adherence to the protest 



1904.] LBTTBBS OF NATHANIEL WALKEB APPLETON. 805 

You mention that you'll ^^ enclose something concerning the S- C if you 
have Time " as you have not please to remember it in your next . I 
believe you must excuse my not complying with your Request of burn- 
ing your nonsensical Letter (as you are pleas'd to call it) as I shall 
keep it amongst my valuable Papers. Excuse the Incoherence of this 
Scroll, concluding that by this Time you are pretty well tired, I con* 
elude by 

subscribing myself 
Yours affectionately 
NathK Walkeb Appi^eton. 
To the Pedagogue 

of Andover. 
[Addressed^ 
To 
Mr Eliphalet Pearson 
Schoolmaster 

in Andover 



VI 

Caxbridob, Febr t XQf^i 1774 
Deab Eliphalet : 

Inclos'd is another of your Papers, which you '11 perhaps be as surpris'd 
to see, as I was to hear y^ it was at Mr. Howe's. I called at the 
printers some time since (as I think I wrote you) who promis'd me they 
would stop the paper, but by some Accident it came this Week, the 
next time I go to Boston, I'll endeavour to remember it. This goes by 
Sf Parsons who can inform you of all the news so need not write it. 
We are appre[he]nsive that we shall be able to put a Stop to the prog- 



Barnabas Hedge did so in a card published in the Boston Grazette of 27 Decem- 
ber ; thirteen others '' who were inadvertently seduced into an error by artifice 
and misrepresentation *' recanted in the Boston Gazette of 24 January, 1774. 

The papers of December, 1773, and January, 1774, are full of accounts of 
meetings held in the surrounding towns to uphold the act of 16 December and 
the agreement to give up the use of India tea. The action of the other Colonies 
in regard to the same matter was also set forth at length, and accounts of the 
burning of tea are frequent. For example, in the Boston Gazette of 24 January, 
1774, we read : 

Last Thursday a large Quantity of Bohea Tea given up by some Gentlemen was com- 
miUed to the FUunes in King-Street (p. S/1). 

20 



806 THE COLONIAL SOCIETY OP MASSACHUSETTS. [Feb. 

ress of the small-pox in this Town. Doctr Cooper^ is chosen pre- 
side but it is doubtful whither he will accept ; on some Accf : it would 
do; tho' not on others, so trust he '11 be directed for the best. You may 
remember y^ in your last you promis'd to write me this Vacancy, bat 
as I have not rec'd a Line from you for some time, shall expect one 
soon. As to the Affair of the Judges &c & of the S — C — Parsons can 
give you a much more full & intelligible Acct. than I can possibly write 
you. Expect to hear soon from Cutler & if I receive a Letter for you, 
I '11 send it along pf 1* Opp? 

Excuse this incoherent, & unintelligible Scroll 
from your Sincere Friend 

NathV Walk^ Appleton. 
PS. I would just in form you 

that Dr Cooper's Dudleian Lecture - 
Sermon ' is out & to be had at Greenleafs 

printing Office price y^ in Orange Tree-Lane 

Yrs N W A 



^ On 31 January, 1774, the Hon. John Winthrop was chosen President in 
place of Samuel Locke. On 7 February, '* Dr. Winthrop having declined ac- 
cepting the Office of President," the Rev. Dr. Cooper of Boston was chosen. 
Dr. Cooper also declined, and the Corporation on 15 July chose Dr. Eliot, bat 
he also, a Fellow of the Corporation and present at the meeting at which he 
was elected, declined immediately. On 18 July the Rev. Dr. Samuel Langdon 
of Portsmouth was chosen and accepted the office. 

^ The following is the title-page of Dr. Cooper's Discourse : 

A 
DISCOURSE 

ON THB 

MAN OF SIN; 

DELIVERSD IN THB 

Chapel of HARVARD COLLEGE, 

IN 

CAMBRIDGE, New-Enoland, 

Sbptbmbbr 1, 1773 : 

At the LECTURE, Founded 

By the Honorable 

PAUL DUDLEY, esq. 



By SAMUEL COOPER, D. D. 
Pastor of the Chnrch in Brattle-Street, Boston. 

BOSTON : Printed and Sold at Grbbnleaf's 

Printing-OfSce, in Hanover-Strebt. 

M,DCC,LXXIV. 



1904.] LETTERS OF NATHANIEL WALKEB APPLETON. 307 



For 

Mr Eliphalet Pearson 
in 
Fav^ by ) Andover 

Mf T. Parsons ) 



VII 

Cambkidob, Feby. 21^ 1774 

Va past 10 ^Clock Evening 
Dear Friend 

I was very glad to hear by S' Parsons of your Welfare. As I am 
inform'd Mr. Farrington sets off for Andover tomorrow-morning early, 
take this 1** Opp*" of sending your Paper of 144" Ins*, since which time I 
}iave been at Boston & stopt it, Mess? Edes & Gill desired me to 
inform you that you Now owe for 6 Months viz' from Aug! 15 to Feb^. 
15. The Gov*: still refuses to comply with the reasonable Request of 
the House with respect to the removal of Judge Oliver.^ The Court is 
to sit tomorrow what the Event will be we know not. As it is late I 
shall conclude 

with informing you that I shall certainly 
« expect a Letter from you to 

Your sincere Friend 
NO PRESIDENT NathV Walk^ Appleton 

as yet S't by the Bearer hereof. 

To a pedagogue at 
Andover 

[Addressed] 

For 

Mf Eliphalet Pearson 
Fav'dby > at 

M^ Farrington*) Andover 



^ See the Publications of this Society, y. 71-74 and notes. 
^ See p. 324 notey below. 



808 THE COLONIAL SOCIETY OF MASSACHUSETTS. [Feb. 

vin 

Salem ^ Norember 21 1774 
Deab Friend 

It is so long since either of us has wrote the other that I actaally for- 
get which is in default, however it would be inexcusable in me not to 
embrace this Opp? of writing you by my father, who I expect will set 
out to-morrow or the next day, for Cambridge in order to attend the 
Congress which is adjourn'd to 23'** Insl — 

SALSxSSdNoT^ 1774 

We had the pleasure of seeing our Friend T. Parsons Yesterday. I 
see him and that was all, for he hurried thro' the town as if he had been 
afraid to stay in it, however I cannot really blame him considering that 
the Weather has turn'd out to be such as renders it very disagreable 
travelling. It is sometime since I heard from our Friends N. Cutler, or 
S. Crosby. What do you think of the Parliament's being dissolved? Is 
it a Maneuvre of LI North's or was the Clamour of the people the Occar 
sion of it? Time will soon discover to us the Cause and the Effect of 
it, grant that it may prove salutary to this long oppress'd and distress'd 

1 Appleton took np the study of medicine in Salem with Dr. Edward Angnslas 
Holyoke (born 1 August, 1728, H. C. 1746), son of President Holyoke by his second 
wife Margaret Appleton, a sister of the Rev. Nathaniel Appleton for so many 
years minister in Cambridge. Dr. Holyoke was therefore the cousin of Apple- 
ton's father. He had settled in Salem in 1749 and continued to practise there 
until his death in 1829. He was the first President of the Massachusetts Medi- 
cal Society, and was President of the American Academy of Arts and Sciences. 
Harvard conferred on him the honorary degree of M.D. in 1783 (the first in- 
stance of the degpree*s being so conferred by the College), and that of LL.D. 
in 1815. For sketches of Dr. Holyoke, see Massachusetts Medical Society, 
Medical Dissertations (1829), iv. 18G-260 ; Essex Institute Historical Colleo- 
tious, iii. 59, 60, iv. 273, 274. 

Edward Barnard and Francis Borland, who graduated in the year after 
Appleton (1774), entered upon the study of medicine under Dr. Holyoke at the 
same time. 

Appleton seems to have been living in Salem with another cousin of his 
father's, a sister of Dr. Holyoke, Margaret (Holyoke) Mascarene, the wife 
of John Mascarene, comptroller of the customs in 1760. William Fynchon's 
Diary shows continual references to Dr. Holyoke and Mrs. Mascarene. John 
Mascarene died 24 September, 1779. See Heraldic Journal, ii. 125, 126; New 
England Historical and Genealogical Register, ix. 239-247, x. 143-148 ; Boston 
Record Commissioners* Reports, xzviii. 294. 



1904.] LBTTEBS OP NATHANIEL WALKER APPLETON. 809 

People ; but I '11 have done with Politics and proceed to ask you in what 
State the S — C of Harv : Coll is in ; is it ruined or no, if not do exert 
yourselves to restore it to its pristine Splendor. I hope the Clitonian 
has not superceded it; — Pray write me soon, my Respects to the seve- 
ral Persons who compose that agreable Family in which you have the 
pleasure to reside at present; My Compliments to M^ Wadsworth 
and our other Friends at the Seat of the Muses — pray inform me how 
the new Pr-s*d-t performs the several Functions of his new & impor- 
tant Station. Please to remember that you are' now in some measure 
indebted to 

Your sincere Friend 

& Class-Mate 
Nath?- Waxk? Affleton 
Eliphalet Pearson A. B. 
Cambridge 
[Addressed] 
To 

M! Eliphalet Pearson 
To be left at ) in 

Mad? Holyoke's. > Cambridge 

IX 

Salem Jaii7: 24^1775 

Dear Friend 

I embrace this Opp? by the Doctor & his Lady to return a short 
Answer to your last kind Epistle, which I should answer more fully, but 
as Debts of that sort are generally cancelled by a Visit, I shall expect 
a Letter from you by the return of the Bearers, if you are not too much 
engaged in their agreable Company, my Respects to our Friend Theo- 
dore & please to let him know that I shall expect the same Favour from 
him. As to the Affairs of the Town w[h]ither publick or family you 
will learn from the Doct! &c. Being in great haste you must excuse 
my being short & may expect a longer one the next Opp*? from 

Your sincere Friend 

N W Affleton 
My 

Tuesday 10 * Clock A M — 
To 

Eliphalet Pearson A B 

Student in Divinity 
at 
Cambridge 



310 THE COLONIAL SOCIETY OF MASSACHUSETTS. [F^B. 

[^Addresaed] 

To 
MI Eliphalet Pearson 

Student of Divinity 
Favoured by \ in 

D: Holyoke & LadyJ Cambridge 



Salem Marcli 5^ 1775 

Anniversary of the Massacre 
Dear Friend 

I improve this first Opp? after you[r] last, sudden & short Visit, to 
renew a Correspondence which has been interrupted these some Months. 
I cannot think of this melancholy Day, without Horror & Trembling, to 
consider the fatal Consequences of placing a standing Army in time of 
peace in a free & populous City ; but alass instead of removing that 
Army forever after that fatal Night from that unhappy Town, we now 
find it full of those mercenary Wretches, who are always ready to obey 
the Nod of a ministerial T-r-nt. I understand that Doct' Warren ^ 
is to pronounce the Oration on the morrow at which I suppose you *11 be 
present ; please to write concerning this and other matters by my Father 
who will come from Cambridge hither on Wednesday next. M^ Mas- 
carene has had an ill turn these two nights, all other Friends pretty 
well. Hope you *11 call soon upon the S — C — and give me some infor- 
mation concerning that CI — of which I have the Honor to be a fellow- 
Member with you, am therefore desirous of knowing of its prosperity & 
Success, and that it may continue for a long time yet to come a Blessing 
and Ornament to the Sons of Harvard is the earnest Wish of him who 
subscribes himself 

Dear Eliph : your sincere Friend — 

Remember me to your Nath^ W. Appleton 

agreable Family & College Friends 

Eliphalet Pearson A. B. 
in Cambridge. 

^Addressed] 

For 
M; Eliphalet Pearson 
To be left at | in 

Mad? Holyoke'sJ Cambridge 

^ This was of course Joseph Warren, whose Oration was delivered on March 
sixth because the fifth fell on Sunday. 



1904.] LETTERS OP NATHANIEL WALKER APPLBTON. 811 

XI 

Salem May 30^*" — 1776 

Thursday AM. 
Dear Friend 

Understanding that M? Mascarene would have an Opp"? to send to 
Andover ^ this Week I could not neglect it altho' I wrote you yesterday 
what you will esteem nothing but a mere Scroll. I have again & again 
perus'd your Essay if I may so call it with impartial attention. You 
desire me not to fail to give you my Sentiments fidly upon it. I wrote 
you yesterday concise. Ever since I first heard of the Act (for you 
must know I have never seen it) the Name of a TEST Act ^ struck me with 
surprise ; (if anything can be surprising that the last Genl C- -rt did) 
I have never yet talked with any one upon it, but have entirely agreed 
with me, that it is arbitrary, tyrannical, & even bla^hemous. If I was 
to enlarge it would be nearly a repetition of what you have wrote. But 
what one good End will it u e. the Act answer, my Friend? if possible 
answer that Question. My having been in the same predicament as 
yourself is the only apology I shall offer for not having wrote you before. 
As you & Cousin priscy* have had thoughts for this some time past to 
visit Salem hope you '11 not give them over but make us happy with 

^ At this time the College was still in exile from Cambridge. Early in May,. 
1775, the library and philosophical apparatus had been removed to Andover 
by direction of the Provincial Congress. In September the Overseers directed 
that the College be removed to Concord and a part, if not the whole, of the 
library and apparatus was installed in the same place in a private house. They 
did not return to Cambridge until 21 June, 177^6. During this period Pearson 
naturally returned to his friends the Phillipses in Andover, and seems to have 
continued his theological studies. 

* The Act passed 1 May, 1776 (Massachusetts Province Laws, v. 479-484),. 
required all persons to subscribe to a declaration that they sympathized with the 
Colonies and would not assist in any way the British forces, on pain of disarm^ 
iug, and being disqualified from holding office, voting, etc. 

' Priscilla, daughter of President Holyoke by his second wife Margaret 
Appleton, born 29 July, 1739, later became Pearson's wife. Does this passage 
imply that Pearson and Appleton had both become engaged about this time ? 
President Holyoke married for his third wife Mary (Whipple) Epes, the widow 
of Major Symonds Epes. See Hamniatt Papers (1854), p. 94. Mrs. Holyoke 
lived to an extreme age and died at Cambridge 20 March, 1790. The following 
notice appeared in the Massachusetts Centinel of Wednesday, 24 March, 1790 : 

DIED] — At Cambridge f last Saturday evening. Madam Mart Holtokb, widow of 
the late Rev. President Holyoke, aged 91. Her funeral procession will move from the house 
of Mrs. Elizabeth Kneeland, this afternoon, precisely at 4 o'clock (p. 11/2), 



312 THE COLONIAL SOOIETr OF MASSACHUSETTS. [Feb. 

your Company soon. My loye to Miss Epes congratulate her upon 
her recovery. Dear Friend I am really concem'd for Cousin Betsy/ 
but Mf Mascarene will write by this Opp*? our good Doct? Advice upon 
the matter. I understood last week by Johnny Low * that our Friend 
Parsons & plummer were gone to be inoculated. I could wish you might 
have been with them. M^ Barnard set out last Saturday from Haverhill 
for N^. 5 * on the same Acc5 so he will doubtless meet them there — in 
consequence my Duty in the Shop &c will engage my Attention more 

closely for a Month or so. O Quebec I Quebec ! ^ 1 delivered Miss 

Polly Smith's letter yesterday P M — perhaps she will return an 
Answer at this OppP — I have made a few Extracts from Macquer's 
Chymistry on the Phlogiston * — the Acids — Salts — Metals & Semi- 

^ This was no doubt l^ira. Mascarene's sister Elizabeth Holyoke, a daughter 
of President Edward and Margaret ( Appleton) Holyoke. She was bom 25 April, 
1732, married William Kneeland of Boston, and died 15 September, 1821. 

* John Low and Joshua Plummer were both classmates of Appleton and 
Pearson. 

* It is not easy to identify this place. Township Number Five was granted 
by Massachusetts 16 January, 1735-36, to men from Hopkinton, and was called 
New Hopkinton until its incorporation on 10 January, 1765, as Hopkinton, New 
Hampshire (New Hampshire Town Papers, zii. 255-272). There was also in 
Berkshire and Hampshire Counties, Massachusetts, a large plantation called 
Number Five (Massachusetts Province Laws, v. 911, 1072). But it is difficult 
to see why any one should have gone to such remote places for inoculation. 

^ Arnold's unsuccessful expedition through the wilderness to attack Quebec, 
after a useless siege had finally retreated in May. 

^ Phillips and Pearson at this time had been occupied in learning how to 
make gunpowder, of which the Continental army during the winter of 1775- 
1776 had been in desperate need. Samuel Phillips, then a member of the Pro- 
vincial Congress sitting at Watertown, proposed to the House to erect a powder- 
mill at Andover with their concurrence, and the House accepted his proposition. 
(See Massachusetts House Journals, 2, 3, 6, 8 January, 1776, pp. 105, 107, 
122, 124.) Phillips obtained the ready co-operation of his townsmen in cutting 
a canal and building the mill (Taylor's Memoir of Samuel Phillips, 1856, p. 70), 
and Pearson threw himself with ardor into the necessary chemical experiments. 
William £. Park writes : 

The whole difficulty lay in procuring saltpetre. He ransacked* libraries for treatises 
on chemistry, corresponded with the few persons in our country who were then ac- 
quainted with the subject, compared the different theories of the day, constructed his 
own formula, and a manuscript still existing records the minute details of the thirteen 
successive experiments which he made. The last trial was successful, and Pearson de- 
clared in his old age that he never felt such a moment of enthusiastic joy as when, after 
twenty-four hours of unintermitted labor and watching, the crystals appeared at hist. 
Those crystals meant that he could get gunpowder, if that could be procured the British 



1904.] LETTEBS OF NATHANIEL WALKBB APPLETON. 318 

metals — if you have not seen the [ ] & they will be agreable -« 
as they are only on half Sheet Paper — I will send them p' first Opp*; 
Toa perhaps will be thoughtful of the little Girl that had the Mis- 
fortune to be kicked in the Stomach by a Horse — she is something 
better today — it was a violent Contusion — very problematical at present 
whether she will recover. 

Thursday P M — The information that I sent you yesterday concern- 
ing the Congress was as I heard it, but it turns out to be a mistake ; the 
Congress have not voted for Independence, But the Question was agi- 
tated when there were but 10 Colonies present — & there was 6 to 4. 
The 3 Colonies that were absent were Rhode-Island, Jersey & Greorgia 
— from whence you will know which were the 6 Colonies for it. Your 
Sentiments if you please on the important Affair of Independance. I 
trust that you will, as I shall, improve every Opp'' to write & I hope 
that our interrupted Correspondence will be carried on with redoubled 
Vigor. Have not as yet heard a Word from Watertown — shall not 
seal my Letter 'till tomorrow — when perhaps I may add something 
further. 

Friday Morning 

Well, Friend, You will ere this reaches you see yesterdays I^per, in 

could be beaten, if they could be beaten, America would be free. For seyeral days the 
problem of American liberty was working out, not only on the floor of the Continental 
Congress, bat in the pans and kettles of the indefatigable Pearson. There is still extant 
a letter from an aged lady pnpil of Dr. Pearson, stating that she well remembered going 
to school as nsnal one morning almost ninety years before, seeing the desks covered with 
pans of the bleaching saltpetre, and hearing to her childish joy, from the preoccupied 
teachec, that there wonld be no school that day. The cellars and barnyards of the 
neighbors were dug up for the sake of the nitrons earth, by the shovels of the energetic 
Pearson and his patriotic chemists, the experiment was completely successful, nor did 
onr army ever afterwards suffer from the lack of ammunition (Earlier Annals of Phillips 
Academy, 1882, pp. 22, 23). 

The book referred to in the text is Andrew Beid's translation of Macqaer*8 
Elements of the Theory and Practice of Chymistry, London, 1758. A second 
edition was published in 1764. Macquer's Chymistry, published shortly be- 
fore Lavoisier's discoveries revolutionized the chemical theory of combustion, 
is based on the Phlogiston theory. Of this supposed elemental substance, the 
author says : 

It differs from elementary Fire in the following particulars. 1. When united to a 
body, it communicates to it neither heat nor light. 2. It produces no change in its 
state, whether of solidity or fluidity ; so that a solid body does not become fluid by the 
accession of the Phlogiston, and vice versa ; the solid bodies to which it is joined being 
only rendered thereby more apt to be fused by the force of the culinary fire. 3. We 
can convey it from the body with which it is joined, into another body, so that it shall 
enter into the composition thereof, and remain fixed in it. 



814 THE COLONIAL 80CIBTY OP MASSACHUSETTS. [Feb. 

which the First Article that strikes your Attention is the Vote of Con- 
gress^ pass'd 15^ ins t. — Jadge Yon — Independance or not? This 
I suppose is the Vote that was pass'd 6 to 4 Scc. You will deliver the 
enclosed Letters. 

That you may be succeded in all your Undertakings Sc prove to be a 
faithful & successful Minister of the Gospel of the ever blessed Jesus — 
is the sincere Wish & ardent Desire of your 

Sincere Friend 
NathV Walk^ Appleton 
P S I think you will approve of that part of '\ 
the Instructions to the Representatives of Boston v 
which respects the internal Police of the Colony.' J 

[Addressed] 

M; Eliphalet Pearson 
in 
Andover 



xn 

[19 Aagiut. 1776.] 
It would be unpardonable in me, my Friend, to neglect this favourable 
Opp? of writing a few Lines to you, altho' I have not the pleasure of 
receiv^ : one from you p' M'. French, which I will endeavour to excuse, 
considering the many important Affairs that no doubt take up most of 
your time. As you have begun to preach if you could come this Way 
so as to give me an Oppf of hearing you my dear Friend expound the 
Scriptures from the sacred Desk it would give me great Pleasure. You '11 

^ The vote referred to was apparently the Resolve passed 10 May : 

Resolved, that it be recommended to the lespectiye assemblies and conyentions of the 
United Colonies, where no government snfficient to the exi^ncies of their affairs liath 
been hitherto established, to adopt snch government as shall, in the opinion of the rep- 
resentatives of the people, best conduce to the happiness and safety of their constituents 
in particular, and America in general (Journals of Congress, 1S23, i. 839). 

This vote was published 15 May with a preamble which began : 

Whereas ... it appears absolutely irreconcileable to reason and good conscience, 
for the people of these colonies now to take the oaths and affirmations necessary for 
the support of any government under the crown of Great-Britain, and it is necessary 
that the exercise of every kind of authority under the said crown should be totally sap- 
pressed, etc. {Ibid, i. 345). 

' See Boston Record Commissioners' Reports, xviii, 236-238. 



1004.] LBTTEB8 OF NATHANIEL WALKEK APPLETON. 815 

readOy believe me, when I assure yoa that my barren Genias produces 
nothing at present fit for your Contemplation. I am truly sensible of 
the importance of cultivating that necessary part of a good Education 
— the inditing of a Grood Letter or in other words keeping up a friendly 
Correspondence by Letter ; that it improves the mind Sc that it encreases 
the sacred Flame of Friendship which has been already enkindled in two 
congenial Breasts. Therefore should be extremely glad to do all in my 
power towards promoting such a friendly intercourse between us. As 
to the Welfare of M'. Mascarene's Family concerning whom you 'U doubt- 
less be Anxious, Miss Priscy can better inform you than I can possibly 
write. You are, no doubt, conscious that the present Topic of Conver- 
sation is Politics, or rather an Enquiry into the News of the day — at 
this time we may reasonably expect to hear very soon, something of im- 
portance from the two Armies at New York & Ticonderoga. There 
was a Report in town on friday of a Battle at N York — but it was told 
with so many improbable Circumstances, that few People gave credit to 
it any further than that there had been a Battle, but even that seems 
now to be without foundation. When I was at Cambridge last Week, 
in order to fee M". Prea-d-nt L — for a Degree,^ I had not the pleasure 
of seeing any of our Class Mates except Farrington, Fales & Peabody. 
Had the pleasure of drinking Tea that PM with Mf Farrington, his 
Lady & childj Peabody in Comp* Does it ;iot surprize you? to think 
that a N^ of the same standing with our selves have got into the World 
as it were, before us. But I am content to wait with patience, not 
doubting but that in due time We shall be provided for, in the several 
Branches of our proffesions. You have heard, no doubt, that Cata- 

^ The degree of Master of Arts was conferred in due course three years after 
graduation upon payment of a fee. This costom continued down to 1872, the 
Class of 1860 being the last class whose members enjoyed the right to claim an 
A.M. on these easy conditions. Down to 1774 the law (Law 5 of Chapter X.) 
had been in regard to degrees : 

Each Candidate for his first or second Degree, shall pay to the President twenty 
ShiUiogfl ; and to the Steward five ShiUings & four pence for the Catalogaes, & eighteen 
Shillings for the public Dinner & other Commencement Charges. (From an official 
manuscript copy of the Laws in the Harvard College Library made in 1766 [?].) 

At a Meeting of the Corporation, 31 May, 1774, it was — 

Voted that Law 5. of Chap X. be amended as follows, viz. 

Each Candidate for his first or second degree, shall pay to the President twenty 
Shillings, & to the Steward eighteen Shillings for the public Dinner & other commence- 
ment charges. And every Candidate for his first degree shall also pay to the Steward 
five shillings & four pence for printing the Catalogues. (College Book No. 7, p. 272.) 



816 THE COLONIAL SOCIETY OF MASSACHUSETTS. [Feb. 

Ic^aes ^ are to be printed this Year <& in a pamphlet. Alas ! oar good 
old Friend Cutler appears first with an Aaterism prefix'd to his Name 
— grant that it may be truly ominoas of his being in those starry Re- 
gions, where there are no Wars^ nor Rumors of Wars, but where all is 
peace, Harmony, & Happiness. 

If you wiU be so kind as to propose some Topic to write upon, in 
your next and at the same time give me your Sentiments upon it — I 
will endeavour to return you mine. Happening this Minute to open an 
Ames's Almanack for 1755 — the following Lines appeared new to me 
& thinking they may be so to you I will copy them — 

Who 'ere presam'd, till Franklin led the Way, 

To climb the amazing Highth of Heaven, 

And rob the Sky of it's tremendous Thunder ; 

And leave the Clouds, with Winds & Tempests fraught^ 

But Breath enough to shake the trembling Trees, 

And rock the Birds that pirch upon their Boughs. 

You will doubtless see in the papers Gen^ Carlton's general Orders * at 
Chamblee Aug^ 7. — very blustering — they appear to me ridiculous, give 
me your opinion — considering the present State of Affairs. How dif- 
ferent his Conduct from that of my Lord Howe ! You must know about 
fortnight ago M'. Nath'. Tracey went with a Flag of Truce from N York 
on board the Eagle in order to exchange some prisoners for those that 
were taken on board the Yankee Hero' — which he soon settled with his 
Lordship — Ss they are to be exchanged as soon as may be at Mblh'd. 
Then M'. T — presented L^. H. with a Letter. Is this from his Excel- 
lency f I believe it is he gave it me. I am heartily glad of it, I have 

^ The Triennial Catalogue of 1776 was the first to be printed in pamphlet 
form. Previous catalogues, extending back to 1648, had been issued as broad- 
sides. See the Publications of this Society, v. 834, 335. 

The precise date of Cutler's death is not known, and is not recorded in the 
Quinquennial Catalogue. The latest reference to him in these letters is under 
date of 22 November, 1774 (p. 308, above). 

* See Force, American Archives, Fifth Series, i. 987, 988. 

* On 16 June, 1776, the Rev. Manasseh Cutler '* Preached to the people at 
Sandy Bay [Gloucester], who were disconsolate on account of the fourteen men 
lately taken from them in a man-of-war. They were in the Yankee hero " (Life, 
Journals and Correspondence, i. 55). See also Force, American Archives, Fifth 
Series, i. 380, 727. The Yankee Hero was owned by Jackson, Tracey, and 
Tracey of Newburyport, of which firm Nathaniel Tracey (H. C. 1769) was a 
member. For a notice of him, see Mrs. E. Yale Smith's History of Newbury- 
port, pp. 106, 107, 348, 349. 



1904.] LETTERS OF NATHANIEL WALKBB APPLBTON. 817 

an high Opinion of him — I admire his personal Character — his Conduct 
daring the last Campaign at Cambridge, shews that he is an able General. 
I long for a personal Acquaintance with him, but he is too scrupulous 
he ought to have rec*^. my Letter. Had I acknowledged his Title I should 
have given up all I am contending for. I do not pretend to say that 
America is 7iot right Have never enter'd into politics — but when there 
was talk of Commissioners for Peace — I entered into the Affair with a 
sincere desire of serving my King & Country and also the Americans 
for whom I have an high esteem & ever shall when I consider their kind 
Notice of my Brother.^ I came out with ample powers or else I would 
not have come — ^m very sorry that I did not arrive before Independ- 
[en]cy was declared — but still more that I did not arrive before Gen^ 
Howe left Boston. If I had I dare say I could so have settled matters 
with Gen'. Washington as to have gone myself by Land to Philadelphia. 
I would have gone immediately to the Congress — and treated with t^em 
as the persons in whom the Americans trusted their publick Affairs — & 
then I dare say I could have accomodated the unhappy Contest between 
G Britain & the Colonies. But I am now afraid it is too late. As to 
the affair of Independency — it is more consistent with your principles 
& Conduct — than you were before. But as to foreign Alliances / do 
not think you '11 be able to obtain any for I am very well assured that 
the Court of G B have secured all the Courts in Europe on their side. 
I do not think that laying waste your Sea port Towns Sc destroying Lives 
& property will have the least Tendency to settle Animosities. If it 
must be decided by the Sword it must. But I am jealous on which side 
the Scale will turn. I wish it may soon be settled in an amicable Way 
&c &c &c &c. in this Way they conversed for near two Hours. But 
before Mr. Tracey's Departure L"^. Howe open'd the Letter & said it was 
not from his Excelled but from his good Friend Doct'. Franklin — he 
was extremely glad to receive it. D'. F., says he, is my particular 
Friend — I esteem him as one of the greatest Men in the World — am 
much obliged to him for this Letter — .&c &c — I think says L** H. 
that your Congress are right in their Resolutions upon G! Amoldf Cartel ^ 
— provided Facts are as they are there stated, but I dare say they will find 
them to be otherwise. But the Canada Affairs are not in my Depart- 
ment Now my dear Friend — if all were of my LI Howes Mind 

^ The elder brother of Lord Howe and of Sir William Howe was George 
Augustas, Viscount Howe, who was killed near Ticonderoga 6 July, 1758. See 
the Publications of this Society, vii. 250 note. 

> See Journals of Congress (1823), i. 375, 403-406 ; Force, American 
Archives, Fifth Series, i. 158-162. 



318 THE COLONIAL SOCIETY OF MASSACHTJSBTTS. [Fkb. 

— how soon this annatural Contest would be settled. Bat alass it is for 
the interest of too many to keep up the Bali — & while they swim they 
care not who sinks.^ 

If the above Scrawl is intelligible & will afiford you any Satisfaction 
it will greatly rejoice 

Your sincere Friend 
N W Appleton. 
Monday PM. 

Salem Aug! 19. 1776. 

The R-v-r-nd Eliphalet Peabson 

Andover 

NB It is worthy of Observation that a few days after the above Con- 
ference L"^. Howe sent a Letter directed to his Excellency General 
Washington with the Titles. 

[^Addressed] 

M; Eliphalet Pearson 
p' f av. ) Andover 

of Miss Holyoke i 



XIII 

Salbx Sept 8. 1776. 

Sabbath Eve past 10 H^lock. 
Dear Friend 

I rec'd your agreable Epistle of 6! inst. yesterday p M? Holyoke. Am 
very sorry to hear that your Mind, labours under any particular Dis- 
turbance at this time of general Calamity, when every rational person 
must be anxious for the Fate of his Country. If there is any thing in 
my power that can conduce to ease you of your Anxiety, you may be 
assured of my utmost Endeavours to do it, if you think proper to 
acquaint me with it. 

At the time when I quoted those Lines on the great Franklin, I had 
no particular Reference to Electricity — it was meerly accidental my 
happening to open an old Almanack at that place. Please to propose 
your Subject in your next — and as I said in my last I will endeavour 
to give you my — you will not let me say — poor Abilities — because as 
you are pleas'd to write ^' such Apologies are ill suited to that conjiden' 

^ See Franklin's Works (Bigelow's edition), vi. 21-33; Force, American 
Archives, Fifth Series, i. 482, 483, 727, 785, 980, 981, ii. 234, 274, 324. 



1904.] LETTERS OF NATHANIEL WALKER APPLETON. 819 

UcU candid Friendship " &c &c. Am sorry you have not seen G^ Carl- 
tons /amou^ Orders. If the Narrative respecting L**. H & M' T afforded 
you any Entertainment I am really glad. Tou wish I could give you a 
particular Ace**, of what has since past between G'. W — <& L**. H on 
Long Island. / wish it was in my power, but it Ib not The present 
General Acc°. is conf ns'd. Time will perhaps afford us a full & partic- 
ular one — last Night's post brings no News papers as there were none 
printed in N York. The best Ace**. I can collect is — That after several 
skirmishings on Wednesday & Thursday — on Thursday Eve G'. W. held 
a Council of War when it was agreed to abandon the Island immediately^ 
without risqueing the whole Army, viz 10,000 men, being cut off from 
a Retreat the next Day — accordingly Orders were giving at 9 ° Clock & 
the Boats which lay ready on N York side to carry Reinforcements to 
the Island were ordered to carry them off. The whole was compleated 
by 3 ° Clock Friday Morn — & we only left two or three 32 pounders — 
that the G. himself was one of the last that came off. G^ Sullivan fell 
into a Ditch & was taken prisoner — he is now gone to Philadelphia on 
his Parole for 10 Days he was allowed to tell the Enemy's Loss — viz! 
1500 killed on the Field of Battle, 3 Field Officers & G^. Grant are 
among the slain — 35 taken prisoners. Some say that G^ Sullivan 
says our Loss is greater than theirs — others say but between 7 Ss 800 
kiird — it will be a great while before we know the TriUh of our Lo&s. 
L"*. Howe has now got possession of the finest Island on the Continent 
which will afford them fine Winter Quarters. Fuel in plenty — 40000 
inhabitants on it — & 80000 Head of Horn'd Cattle — the Island it is 
said raises as much Grain as the whole Colony of Connecticut. This is 
a very important Crisis. May " the Cause of Trutky Virtue & Liberty 
finally triumph." Let us wait with Patience the important Decisions of 
an all wise providence & be prepared for whatever may be our Lot — 
whither Peace or War — Liberty or Slavery. We have had the pleasure 
of your Neic^s agreable Comp' these 10 Days, she has in general 
carried herself well. But she has not broke herself of her Trick of 
Winking any more than her Uiide that of sTtapping. Hope when she 
returns home I shall be able to give you a better Ace"*. I dined with 
our Friend Parsons last Friday — he was on his Way from Watertown 
through Salem to Newbury. Madam Holyoke can inform you of M'. 
Mascarene's Family's Health &c. 

Thank you for your kind Wishes for your sincere Friend 
Nath^. W. Appleton 

'* and all whom he holds dear." 
My kindest Regards to Miss priscy. 



820 THE COLONIAL SOCIETY OF MASSACHUSETTS. [Feb. 

PS. T Parsons informed me that last or this Week — the Corpora- 
tion rechose M'. Wadsworth^ Tutor — as his Time of three Years was 
expired. There were two viz! Doct'. W — & D' C — against him — 
DT A & D' E for him & the Rev^. president gave it (to his great 
Honor) in M'. W". Favour. So you may perceive the redoubtable M' 
H — & his Croney Jimmy W — are not absolute in the Gov? of the 
College. 

\Addre88ed'\ 

M; Eliphalet Pearson 
Fav'd by ) in 

Mad? Holyoke > Andover 



XIV 

Salbm Wednesday Sept^. 17. 1777. 
Mt dear Friend 

It seems almost an Age since I had the Pleasure to see or hear from 
you. Oar Friend Parsons whom I saw at Newbury last Week inform'd 
me that you had been ill but that you had got much better. I hope your 
Health will be restored & continued you. It is reported that you are to 
have the new School which is to be erected at Andover — & that you are 
soon to make Miss P-r-y H-e happy. No wonder then, you could write. 
Theodore that you was very glad to hear that I was cUive after what had 
happen'd. As to those Matters they will be more fully ezplain'd when 
We see each other, but when that will be is very uncertain — you do not 
travel this ixiad now a'days oftener than if there was half a dozen 50 
Gun Ships to intercept your Passage. But if you will venture to come 
yourself or send a Line I will insure you at 72 p' C — tho' common 
Insurance is now 75 p' C^ This by M". Holyoke who I suppose will 
return by the last of the Week — do write how you do — & cone* tiie 
School &c. I have lately purchas'd me a manuscript Bible wrote on 
Parchment in old English Hand & vulgate Latin — with a N'* of Abbre- 
viations Sc Characters — suppose to be wrote about the Year 1400. I 
esteem it as a great Curiosity — it is to be sent to Portsmouth this Week 

1 John Wadsworth (H. C. 1762) was Tutor from 1770 till his death m 1777. 
In 1774' he was chosen a Fellow of the Ck>rporation, of which body he was 
therefore a member at this time when he was re-elected Tutor. The other 
members of the Corporation were Samuel Langdon, President, John Hancock, 
Treasurer, and Nathaniel Appleton, John Winthrop, Andrew Eliot, and Samuel 
Cooper. John Hancock's " Croney Jimmy W— " was doubtless James Win- 
throp (H. C. 1769), who was Librarian from 1772 to 1787. 



1901.] LBTTEES OF NATHANIEL WALKBE APPLBTON. 821 

but when it returns should be very glad to have you see it My time is 
now near expir'd with the Doct^ and I expect to leave him in less than 
three Weeks — to go where ? you will say. O I my dear Friend to launch 
into the wide World of Troubles & Sorrow. I cannot bear the Thought 
— it causes such Sensations to arise in my mind as make me dread the 
day when I must set out for myself — some of your advice at this time 
will be very acceptable to 

Your sincere Friend 

N W Appleton. 
My Respects wait on 
Madam Holyoke. 

Love to Miss Priscy & Betty Epes. 

Tell Miss Epes that her Papa^ Mamma, Brothers & Sisters were all 
well last Sabbath Even^. Can you procure any such thing as Honey or 
Wax — if so do let me know. 

Monday Sept? 22"*. As the Weather has prevented M". H. going as pro- 
pos'd she intends sitting out this AM, altho' the Weather is not very 
agreablc. As for Politics we are in great Suspence expecting to hear 
hourly some important News from both Armies. O that this Campaign 
might be the decisive one, & we soon enjoy Peace, Liberty & Happi- 
ness. Y'. 

NWA 



[Addressed] 

Fav'd by 
M? Holyoke 



M; Eliphalet Pearson 
Fav'd by ) Andover 



XV 

June 12, 177& 
Mt dear Friend 

I hope this may hail you, the Acting Preceptor of Phillips School.. 
We have been favoured by M'. Phillips with the Particulars of that un- 
fortunate Affair which so lately happen'd in your Parish ; ^ it is not only- 
a great Misfortune to our worthy Patriot, & to those Families who are- 
deprived of their Heads ; but is a very great Publick Loss. I do not 
understand that any of your Family rec**. any Damage from the violence 
of the Shock which no doubt considerably affected you. Our Friend M'. 
Clarke has gone this Week to Salem ; to bury his Grandfather, the famous 

^ An explosion at Judge Phillips's powdermill in June, 1778, blew up. the 
building and kiUed three men. 

21 



822 THE COLONIAL SOCIETY OF MASSACHUSETTS. [Feb. 

Deacon Pickering.^ He is to be ordained 8'^ July at which time I de- 
pend apon having the Pleasure of seeing you here. My best Regards 
to Madam Holyoke, to Miss Priscy &c. M''. Mascarene has been 
troubled with a Cough this Week past Their whole time is employed 
in preparing for, & attending on M'. Shirley & Lady, Miss Rock; 
Miss Yeaden Waiting Maid, Mon'. Louis le Valet de Chambre, M'. 
James the Footman & Jem the Lacquey. 

M'. M. as usual. Cousin Betsy very well ; I do not know whither 
they will write by this Opp*. When I was at Andover you mentioned 
your great Want of a tooth-Brush ; I take this Opp"*. to present you with 
two Brushes for that Purpose, likewise a small Box about half full of 
Dentifrice, trusting that they will be acceptable 

I remain 

Your sincere Friend 

N. W. Applston. 
NB. PS. the Presidents Lady * 
broke out with the Small Pox 
last Wednesday at Cambridge. 

M'. Preceptor. 
Perhaps Smoak is necessary as I now attend two Patients with the S. 
Pox. 

[Addressed] 

M\ Eliphalet Pearson 
Preceptor of Phillips School: 
Fav'd by > Andover. 

M: S. PhUlips ) 



XVI 

BosTOH March 23 1782 
Mt dear Friend 

After acknowledging the favor of yours of yesterday let me heartily 
congratulate you upon being made a happy Parent; am very sorry that 
our good Cousin your amiable Lady is so unwell & is not able to make 
a Nurse for her Baby. Immediately after perusing your Letter I sent 
my Servant Girl being somewhat unwell myself & not daring to be out 
in the £ve^ Air with M^ Bush to Willis Sc from thence to M". Masca- 

^ This was Timothy Pickering, father of the statesman of the same name. 

* President Langdon married Elizabeth Brown, daughter of the Rer. 
Richard Brown (H. C. 1697) of Reading, Massachusetts (New England His- 
torical and Genealogical Register, xxx. 33, 34). 



1904.] LETTERS OP NATHANIEL WALKER APPLETON. 328 

rene's the result yoa will learn of him. Not recollectiDg bat one Narse 
that wanted a Place tho' many want to take a Child I applied this Morn<^ 
to M". Greenoagh with whom she lives. She is about 23 Years of Age 
— very good temper, is not known now to have or ever to have had aiiy 
Disorder that can cause Uneasiness, her Milk is good, but it is 12 months 
old. She is very clean & careful about the Child, but is a Slut respect- 
ing herself — is under some Engagements to go to Roxbury . I did not 
see her but purpose it before M^ Bush leaves the Town. M''. Masca- 
rene will inform you the Result of her Enquiiies. M"*. Appleton joins 
me in Love to you & M". Pearson — pray kiss the little Bantling for me. 
You cannot doubt how much Pleasure your Happiness affords me & how 
strongly I feel myself interested in all your Concerns. That M". P * 
may speedily recover her Health ; that little Polly may have an excel- 
lent Nurse & that all of You may enjoy every Felicity in each other that 
the Connection ever affords is the sincere 

Wish of your affectionate Friend 

N. W. Appleton. 

NB. M' Cutting has not returned 

my Ainsworth. We are all very well. The Mass*. Med : Soc^ are to 

meet 17 April. My Br". Jn^ Bailed for S^ Thomas's last Monday. 



xvn 

Boston Feby. 12°. 1784. 
Mt dear Friend 

On Monday last the supreme Ruler of the Universe was pleased to 
take from us by Death, my aged pious <& reverend Grandfather, in the 
91" Year of his Age & 67 of his Ministry. Our Loss is his Gain — why 
then ought we to mourn? The best Respect we can pay is to imitate his 
pious, catholic & charitable Conduct thro a long <& useful Life. 

By this Opp''. I send you one of M'. Clarke's* Sermons upon the 
Death of D' Cooper, also the Magazine * for January. The Editors at 

^ Mrs. Pearson died six days later, 29 March, 1782. 

3 John Clarke, at this time Junior Pastor of the First Church in Boston, 
being the Rev. Dr. Chauncy's colleague. He was of the Claas of 1774, and has 
already been aUuded to as a grandson of Deacon Pickering (pp. 821, 322) and 
as the minister who later delivered the funeral discourse on Appleton himself 
(p. 290). 

« The " Boston Magazine, Printed and Published by Norman & White, at 
their Office in Marshall's Lane, near the BoHx)n Stone.*' The first number was 
that for November, 1783. The January, 1784, number contains letters from 



824 THE COLONIAL SOCIETY OF MASSACHUSETTS. [Feb. 

present are obliged in some measure to conform to the taste of the Sab- 
scribers. If we could have a few more good original pieces — there would 
be new Subscribers & we need not mind, the little ones. Cannot you 
favour us with some productions from Andover? some Observations in 
reply to Susannah <& Fenelon upon Enigmas. 
At present I am confined with a bad Cold. 

Your Friend & Serv* 

N. W. Appletok.* 
[Addressed] 

Mr E. Pearson 

Mr. Adams Sherman Hill of Boston and Mr. Thorntox 
Marshall Ware of Fitchburg were elected Resident Mem- 
bers, and Mr. Herbert Putnam of Washington, D.C., a 
Corresponding Member. 

*' Fenelon " and " Susanna" approringthe inclusion of enigmas and in opposi- 
tion to an earlier letter by " Observator," who had objected to them. " Fen- 
elon " declares that " the enigmatical lists are mostly written by the Ladies, 
and they are not only a necessary relaxation from the fatigue of attending to 
domestic concerns, but an amusement for leisure hours " (i. 47, 98, 99). 

^ The character of Osgood and Farrington's shop (pp. 295, 298), its situa- 
tion, and the situation of their <* distill-house," are uncertain. A deed in the 
Middlesex Registry (Ixxvii. 32) shows that a piece of land passed on 9 August, 
1774, from Elizabeth Clark to Peter Osgood and Thomas Farriugton. The 
boundaries are not given in such fashion as to determine precisely the situation 
of the lot ; but in 1751 Elizabeth Clark inherited from her father, James Clark, 
an *' old homestead and an acre of land ** which is described as ^ Bounded on 
townsway, north, Daniel Barrett, Andrew Boardman, and Francis Foxcroft, 
west; Francis Foxcroft, south ; and range way east" (Middlesex Probate Files, 
no. 3042). This must have been on the southwest comer of what are now 
Holyoke and South Streets, and it was doubtless part of this land that passed to 
Osgood and Farrington in 1774. 

Thomas Farrington served with honor in the Revolution, and was Select- 
man of Cambridge in 1778-79, Assessor in 1779, Town Clerk in 1780-82, and 
Representative in 1780 (Paige's History of Cambridge, pp. 429, 461, 465, 467, 
40S). Later he moved to Boston, and at his death, 19 January, 1807, was liv- 
ing in Green Street (Columbian Centinel, 21 January, 1807). From a notice 
of Dr. Redford Webster, a Boston druggist, in the Proceedings of the Mas- 
sachusetts Historical Society (i. 490), it appears that Dr. Webster sold out his 
business to Thomas Farrington soon after April, 1804, and this suggests that 
Farriugton's business in Cambridge had likewise been that of a druggist. 

For the reference to James Clark's will and to Osgood and Farrington's 
deed, and for the identification of the lots of land concerned, I am indebted to 
the kindness of Mrs. S. M. Gozzaldi, of Cambridge. 



1904.] DOGGEBEL YEBSES ON BENJAMIN FANEUIL. 325 



MARCH MEETING, 1904. 

A Stated Meeting of the Society was held at No. 25 
•^^ Beacon Street, Boston, on Thursday, 24 March, 1904, 
at three o'clock in the afternoon, the President, George 
Lyman Kittredge, LL.D., in the chair. 

The Records of the last Stated Meeting were read and 
approved. 

The Corresponding Secretary reported that letters had 
been received from Mr. Adams Sherman Hill of Boston, 
and Mr. Thornton Marshall Ware of Fitchburg, accepting 
Resident Membership, and from Mr. Herbert Putnam of 
Washington, D. C, accepting Corresponding Membership. 

Mr. Henry W. Cunningham stated that while recently 
looking through the Suffolk Court Files, he had stumbled 
on some doggerel verses apparently derogatory of Benjamin 
Faneuil, who was born in 1701, and died in 1785.^ The 
verses, which are undated, are as follows : 

Curse be on all those that walk upon toes 
that wont defend their friends from fear of their foes * 
Blest be all those 'who with good ammanition 
Does preserve us our Charter & all our Provision 

1 Benjamin Faneuil, the elder, married Anne Bureau in 1699, settled at 
New Rochelle, New York, and had eleven children, of whom the following 
survived : (i) Peter, died unmarried in 1743 ; (ii) Benjamin, married Mary 
Cutler, daughter of the Rev. Timothy Cutler (H. C. 1701), and died in 1783; 
(iii) Anne, who married the Rev. Addington Davenport; (iv) Mary, who 
married Gillam Phillips; (v) Susanna, who married James Boutineau; (vi) 
Mary Anne, who married John Jones. See these Publications, i. 367, 868. 

Benjamin and Mary (Cutler) Faneuil had three children : (i) Benjamin ; 
(ii) Peter ; (iii) Mary, who married Greorge Bethune (see p. 79 note, above). 

' In the manuscript, a footnote has the word " Irish.** 



326 THE COLONIAL SOCIETY OF MASSACHUSETTS. [March, 

Curse rest on old Fan 1 & all his french tribe 

that favoura him in his Actions by reason of a bribe 
And may we good fellows prove all so loyall & trae 
that we may have his head wheat Sc all theii-s Yt. acts so 
And he that to his french actions will give any ear 
He headless shall be as quickly youl hear 

Yr neck or nothing alias 
Franck Scammon 
Capt. Logwood & Ivory * 

The Kev. Dr. Edward H. Hall read the following paper 
on — 

THE ORIGIN OF CONGREGATIONALISM. 

The natural result of the separation of the Puritan clei'gj from 
the English church, as before of Protestantism from Romanism, 
was the speedy appearance of many parties under many different 
names. Nothing is more interesting in those early houi-s, than to 
follow these vague gropings of the Separatists after their new ec- 
clesiastical position and after the title they were henceforth to bear 
in the Christian world. The mother-church, in each case, regarded 
these sectarian divisions as of itself a sufficient brand upon the 
whole spirit of disunion ; while to other eyes, as to those of Milton, 
they were ^^ but the throes and pangs that go before the birth of 
reformation."^ Without entering upon this question, it has a cer- 
tain interest for us, amid the swift succession of party slogans, to 
note as nearly as possible the first appearance of that special name 
which Puritanism has borne so conspicuously in New England. 
So far as I have seen, those most concerned in the matter have 
shown singularly little interest in fixing the psychological moment 
when the epithet Congregationalism was found necessary to char- 
acterize the new movement. Historians of the faith have evidently 
thought this too trivial a matter to trouble themselves with. They 
have allowed their Church to issue unannounced from out of 
Puritanism, Independency, Brownism and the rest, without claim- 
ing for it even the dignity of a legitimate birth. This is no ree- 

1 Suffolk Court Files, no. 26241. 

^ Reason of Church Government urged against Prelacy, book i. chap. vii. 



1904.] THE ORIGIN OP CONGREGATIONALISM. 827 

ondite theme, but perhaps you will agree with me that it is 
worthy a momeut's thought. 

The first stt^e of dissent in England was naturally Presbyte- 
rianism. From bishop to priest was a simple step, allowing an 
easy appeal to the pnmitive apostolic church, where bishop and 
presbyter were synonymous terms, and the Bishop (with a large B) 
was the result of a slow process of evolution. The fii-st presbyte- 
rian church seems to have been organized in 1572, and down to 
the Westminster Assembly and beyond, Presbyterians were in 
great ascendancy in the Puritan ranks.^ The earliest formal separ- 
ation from the mother-church recorded by history was under the 
lead of Robert Browne, about 1582. Browne, who was a graduate 
of Cambridge, and domestic chaplain of the Duke of Norfolk, 
attempted to gather a congregation after the pattern of primitive 
Christianity; declaiing each community an independent bodj-, 
and denying that the English hierarchy was a true church or its 
ministers rightly ordained. He was driven to Holland about 
1586, returning himself finally to the English fold, while his fol- 
lowers continued the movement for some years both in Holland 
and in England. Robinson and his flock were known at first 
under the name of Brownists.^ Meantime the Brownist church 
was not without its separatists. The keen eye of a modern histo- 
rian detects five distinct phases of the original movement, under 
the successive names of Brownism, Barrowsism, Johnsonism, 
Ainsworthism, Robinsonism.^ In England, at the same time, the 
movement seemed altogether uncertain what to call itself. They 
were content to be simply dissenters, not knowing for how long or 
how short a period their separation might last. Their adversaries, 
indeed, were quite ready to supply them with any number of ap- 
propriate titles : " Because we are afraid of joining with the church 
in all her rites and ceremonies," write the two ministers imprisoned 
in Newgate in 1572, ** we are branded with the odious names of 
Donatists, Anabaptists, Aerians, Arians, Hinckfeldians, Puritans, 
&c."* When Milton returns from Italy, in 1641, he finds the 
name of Puritan disappearing in this cloud of opprobrious appella- 

1 Neal, History of the Poritans, i. 126, 488. 
« Ibid. i. 149, 204, 242. 
« Dexter, Story of the Pilgrims, p. 145. 
« Neal History of the Puritans, i. 122. ^ 



828 THE COLONIAL SOCIETY OF MASSACHUSETTS. [March, 

tives. ^^ Forsooth if the prelates be put down, a delage of innu- 
merable sects will follow; we shall be all Browuists, Familists, 
Anabaptists. For the word Puritan seems to be quashed, and all 
that hitherto were counted such, are now Brownists." ^ It is not 
quite clear when the name Independent came into vogue. Punch- 
ard finds the first mention of it in this entirely incidental form, in 
a tract of 1611 : '^ Where the congregation giveth its free consent 
in its own government, there certainly it is an entire and indepen- 
dent body politic. "* By the time of the Westminster Assembly 
(1643-1649) Independent seems to have established itself as the 
familiar name, accepted by nearly all non-Presbyterian separatists 
or non-conformists.® 

In 1620 the Holland refugees made their further move to our 
own shores, followed soon by the colonists of Massachusetts Bay. 
Neither in England, as we have seen, nor in Holland had they up 
to this time originated any common title for their non-couformism, 
although sufiiciently restive under the various sobriquets bestowed 
by their opponents. Among their many pressing solicitudes, as 
they enter a new continent, that of a name for their religious 
enterprise does not seem to have much concerned them. If they 
are already Congregationalists they do not appear to know it. 
As they organize their several churches, destined to the distin- 
guished honor in far-off times of being the First-Churches of the 
older cities or villages of New England, we look in vain for any 
distinctive denominational title. In Plymouth, in Salem, iu 
Charlestown, iu Boston, in Dorchester, in Cambridge, so far as we 
can judge from the scanty records or primitive covenants remain- 
ing, they are content to call themselves simply ^Hhe church of 
Christ," " these godly people " (Dorchester), or, as Bradford says 
of his Plymouth congregation, "as the Lord's free people, they 
joined themselves . . . into a church estate, in the fellowship of 
the Gospel." * 

Finding nothing in the churches to reward our search for an 
ecclesiastical name, let us turn next to the synods. Such gather- 
ings, unfortunately, were soon found necessary, and New England 

1 Reason of Church Government urged against Prelacy, book i. chap. vi. 
3 History of Congregationalism, iii. 350. 

• Neal, History of the Puritans, i. 489. 

* Young, Chronicles of the Pilgrim Fathers, p. 21. 



1904.] THE ORIGIN OF GONGBEOATIONALISM. 829 

had from an early date its Councils of NicsBa, Constantinople, Ephe- 
sus, ChalcedoB. The first came together in Newtowne, in 1637, 
under the excitement of the Antinomian controversy. The second 
was called also at Newtowne, or Cambridge, in 1643, to consider 
dangerous encroachments in the quiet town of Newbury. All the 
elders of the country assembled, to the number of about fifty, hold- 
ing their sessions in the academic building, and contenting them- 
selves with the iuexpenshre diet of the Commons. Winthrop says : 

They sat in the college, and had their diet there after the manner of 
scholars' commons, bnt somewhat better, yet so ordered as it came not 
to above sixpence the meal for a person. Mr. Cotton and Mr. Hooker 
were chosen moderators. The principal occasion was because some of 
the elders went about to set up some things according to the presbytery, 
as of Newbury, etc. The assembly concluded against some parts of 
the presbyterial way, and the Newbury ministers took time to consider 
the arguments.^ 

In neither of these synods do the assembled elders find reason 
to assume any more distinctive title than the church of Christ. 
In 1646 a third synod was gathered, again at Cambridge, which 
prolonged its sessions, quite like its great prototype at Trent, 
year after year, till 1648, when it gave to the New England colo- 
nists their first Platform of Church Discipline. This was a note- 
worthy epoch in our religious history, and although there was 
mucli discussion at first as to the authority of the civil magistrates 
to call a synod, and as to the degree of authority which any body 
of clergy had to impose its faith upon the others, and much pains 
was taken to prove that churches may be strictly equal, and yet 
possess the right to *^ church communion one with another " 
(Chap. XV. 1), the Cambridge Platform has held its ground to 
this day as the first authoritative statement of New England 
Puritanism. 

But what do the churches that assume such authority call 
themselves? Are they still unconscious of any common title, or 
still content to stand before the world without a distinctive name ? 
No. The members of the Cambridge Synod seem to have felt at 
last that something definite was needed ; and in Chap. II. 5, 6 of 
the Platform we read : 

^ History of New England (1858), IL 165. 



330 THB COLONIAL SOCIBTY OP MASSAQHUSBTTS. [March, 

The Btate of the members of the militant visible church, walking in 
order, was either before the law • . • economical, that is in families ; 
or under the law, national ; or since the coming of Christ, only congre- 
gational (the term independejUy we approve not) : therefore neither 
national, provincial, nor classical. A congregational church is by the 
institution of Christ a part of the militant visible church, consisting of 
a company of saints by calling, united into one body by an holy cove- 
nant, for the publique worship of God, and the mutual edification of 
one another in the fellowship of the Lord Jesus.^ 

From this hour then, the New England colonists are Congrega- 
tionalists ; for so far as I can see, this is the first official announce- 
ment of that ecclesiastical name. But from what source, we may 
further ask, did the name come, and what determined its apparently 
unpremeditated selection for the Cambridge Platform? Here 
again there are interesting indications, not unfamiliar, but worth 
citing as we pass. It is to be said in general that in various writ- 
ings of this period, especially of Shepard, Cotton, and other mem* 
bers of that group, the term "congregational way" had been 
coming into vogue, as expressing better than any other the church 
discipline in which the congregation plays the chief rOle. The 
question had apparently been under discussion among these fathers, 
both in England and in America. Something more definite ap- 
peared in a book published in England in 1648, but written two 
or three years earlier, from the hand of John Cotton, entitled 
'*The Way of Congregational Churches Cleared &c." It was in 
answer to a bitter assault upon Independents, Brownists, Ana- 
baptists, etc., and Cotton declares at the outset that he has no 
defence to make for Browne, or for Barrow. He then goes on 
to say : 

The way of the Churches in New-England is neither justly called a 
Sect, nor fitly called Independency. . . . Nor is Independency a fit 
name of the way of our Churches. For in some respects it is too strait, 
and in others too large ; it is too strait, in that it confineth us within 
ourselves. . . • Again, . . . Independency stretcbeth it self too largely. 
• . . For it is compatible to a Nationall Church, as well as to a Con- 
gregationall. • . . Even ... the Sea of Borne is Independent. . . . 

^ Mather, Magnalia (1853), ii. 213. See the original Cambridge Platform 
in the American Antiquarian Society's Library. 



1904.] THE ORIGIN OF CONGRBGATIONALISBL 831 

"Wherefore if there must needs be some note of difference to decypher 
our estate, ... I know none fitter . . . then to denominate theirs 
Classicali [classis seem to have been the term in vogue for presbyter j], 
and ours CongregationalL^ 

The close resemblance between this and the phraseology and 
animus of the Platform is certainly suggestive. Not that this is 
a solitary instance of the use of the term before the Platform. 
Shepard's Treatise on Liturgies, published apparently in 1645, 
has the name ^' congregational church " repeatedly. Hooker, in 
his Survey of the Summe of Church Discipline (London, 1648), 
introduces the name in his Preface, though not using it after- 
wards, and showing none of Cotton's aversion to the term In- 
dependency, — indeed, writing an entire chapter in its defence. 
Winthrop, on the other hand, never uses the word (and rarely 
the word Independency, so far as I have noticed^), nor Bradford, 
nor Winslow, Robinson seems never to have heard of Congrega- 
tion alists, though showing quite as much antipathy as Cotton to 
the name Brownists, and exhorting his followers, in his familiar 
farewell advice, by ^^ all means to avoid and shake off the name 
of Brownist, being a mere nickname and brand to make religion 
odious." * 

Considering these facts, and knowing Cotton's influence among 
the New England churches, and his active participation in the 
wording of the Cambridge Platform, it would seem no hazard- 
ous conclusion that in this tract we have the term which we have 
sought, in its actual incipiency. 

I am far from claiming this as a momentous era in the world's 
religious history. The difference between Congregationalism and 
Independence is, to our thought, almost infinitesimal. Doctrinally 
they recognize absolutely the same creed, in m far as any creeds 
are recognized to-day in primitive form. In point of discipline, 
the real distinction is simply the keener instinct of fellowship, 
born apparently of the American wilderness, which leads the Con- 
gregational churches to seek each other's counsels, and unite 
together in local associations. Both Pilgrim and Puritan felt the 

1 Way of Congregational Churches Cleared (1647), i. 10, 11. 

' History of New England, ii. 91. 

* YouDfiTi Chronicles of the Pilgrim Fathers, p. 397. 



832 THE COLONIAL SOCIETY OF MASSACHUSETTS. [Mabch, 

longing for matual sympathy ; neither Puritan nor Pilgrim wished 
to emphasize aggressively their independence of the mother 
church. 

No more would I put this forward as a historiciil discovery. 
Writera enough (Palfrey and othera), have recognized Cotton's 
agency in the Cambridge Platform. Hutchinson says of Cotton, 
in 1750, or thereabouts, ^^ His praise was in all the churches, 
as the principal projector of the plan of government of the 
New England churches, which from that time took the name 
of Congregational." ^ I am only trying to save from forge tfulness 
whatever significance may lie even in so insignificant an ecclesi- 
astical change as this from Independent to Congregationalist 
However it may appear to our later ears, or to the world at large, 
to the Colonist of those days there were evidently stern meanings 
hidden under this innocent terra. Let me quote from a pamphlet 
written by the Rev. Ebenezer Chaplin, of Millbury, Massachusetts, 
and published in Boston in 1794 : 

If churches are supposed to have a right to do everything they have 
power to do, enquiry is wholly at an end, what is their right and power, 
because on this supposition they cannot do anything wrong . . . and 
this seems to be the real sentiment of some. These however call them- 
selves Congregationalists, and sometimes will saj- they are Independents, 
as if both were the same thing. But the idea that I have conceived of 
these two denominations by examining the writings of the founders of 
Congregationalism, is that they are as different one from another, as the 
system of religion and polity by Moses was from the confusion of Babel. 
Those of Babel scattered into parties, and every person or party did as 
they pleased, independent of each other. . . . The system of polity by 
Moses was a well-connected scheme. This is my idea of Congi*ega- 
tionalism; it is a common scheme, and if well adhered to, would 
produce great beauty and order.* 

The new name meant something, then, to our fathers, and had 
much to do with the harmony of their church life. At any rate, 
when the hour came for announcing to the world their ecclesias- 
tical position, this is the title which they chose, and as such it is 

^ History of Massachusetts (1765), i. 419. 

' Congregationalism, as contained in the Scriptures, explained by the 
Cambridge Platform, p. 5. 



1904.] THE BEVEEEND JOSSE GLOVEB* 888 

to h^ duly honored. To trace back Congregationalism, as its his- 
torians are fond of doing, through seveml bulky volumes, to the 
earliest English dissenters, seems to me quite as if Palfrey were 
to begin his History of New England, or Bancroft his History of 
the United States, with the times of the Gracchi, or of Kienzi the 
Tribune. If Congregationalism is important enough to the world 
to have its genealogy determined at all, if it is to be granted any 
pedigree, or any escutcheon, it would seem to have been born, not 
in England or Holland, but in the neighboring city of Cambridge ; 
and its father, if it had any one founder, was not John Robinson, 
still less Robert Browne, but John Cotton, of the First Church 
in Boston. 

. The Rev. Henry A. Parker made the following commu- 
nication on — 

THE REVEREND JOSSE GLOVER AND THE BOOK OF SPORTS. 

Although the Rev. Josse Glover never reached New England, 
having died at sea on the way, the interest which attaches to him 
for his introduction of printing into this country may excuse me 
for calling attention once more to a document which throws some 
light on the Rev. Mr. Glover, about whom little is known. His 
Christian name has been the subject of much controversy and has 
been variously given as Jesse, Joseph, Josse, Jose, Jos., Joss, and 
Joas.* The subject was treated exhaustively and convincingly as 
long ago as 1875 by the late J. Hammond Trumbull.* Mr. 
Trumbull remarked: 

The strongest evidence I have found for Jesse is in the printed 
Calendar of British. State Papers (Dom. series, 1634-35) in the abstracts 

^ See Savage, Genealogical Dictionary, ii. 262; Pope, Pioneers of Massachu- 
setts, p. 189 ; Young, Chronicles of Massachusetts, p. 553 note ; Sibley, Harvard 
Graduates, i. 208, 209; Glover Memorials, p. 564; J. H. Trumbull, in T. 
Lechford's Plain Dealing (1867), p. 123 note; New England Historical and 
Genealogical Register, xxiii. 135-137, xxx. 26-28, xlvii. 499-504 ; Waters, Gen- 
ealogical Gleanings in England, i. 33 ; Paige, History of Cambridge, pp. 559, 
560 ; Publications of this Society, iii. 419 note. 

^ Proceedings of the American Antiquarian Society, 28 April, 1875, pp. 
5-10. My attention was called to this article by Mr. Albert Matthews. 



834 THE COLONIAL SOCIETY OF MASSACHUSETTS. [MaBCH, 

of a petition addressed to Archbishop Laad by Edward Daroey, patron 
of the living of Sutton, for the appointment of a successor to ^^ Jesse 
Glover, clerk," and of Laud's answer to this petition, in which this 
name is repeated (p. 355, doc. 45) • 

Suspecting an error, Mr. Trumbull applied to William Douglas 
Hamilton, the then editor of this series of the Calendars, and 
learned that "the name is clearly written . . . Jo%%e Glover." 
As, however, the document has never been printed in full, and as 
anything relating to Mr. Glover is of interest, I venture to offer 
to the Society a copy of the original. It consists of three parts, 
each in a different handwriting, and is as follows : 

To the most reverend Father in God yt Lord Arch- 
-Bi? of Canterbury his Grace primate & Metropolitan of all 

England 

The humble peticon of Edward Darcey Esqf Patron of the 

Parsonage of Sutton in the county of Surrey. 

Humbly sheweth to your grace. That y? petf vnderstandinge that losse 
Glover Clerke the now incumbent of the said Parsonage refused to 
publish the booke intitled The Kinges Ma'f Declaracon to his Subcts 
conceminge lawfull sportes to bee vsed, did in his desire to have due 
obedience given to the royall oomaunde of his sacred Mai' cause the 
same booke to bee published in the said Church by a neighbor Minister 
And whereas the said M' Glover for his contempt in that behalfe and 
for other inconformities is and standes suspended by lawfull authoritie ab 
officio et beneficio by reason whereof the said Cure is left without a Pastor. 
The petf humbly praies, That yof grace will give him leave to 
nominate an able and conformable minister to supply the said Cure 
vntill the said Glover shall either through his conformity bee restored, 
or otherwise bee deprived of the said Parsonage 

And y! petf (as in duty bound) 
shall daiely pray etc ^ 
Decemb: 12. 
1684 



If this Peticonl* meaning be to haue another of his Nominacon onely 
to supplye y^ Cure, during Josse Glouers Suspension, it belongs to y^ 
Ld*" Bp of Winston or his Chancello' to make y^ Substitucon, to whom 

^ So far the document is in the hand of Darcey or his agent What f oUows, 
down to Land's signature, is in a different hand, doubtless that of Land's clerk* 



1904.] THE BOOK OF SPOETS. 835 

I leane it. But if his meaning be, y* M' Gloner hath any purpose to 
leaue y Benefice, he must resigne it into y^ handes of y^ Diocesan, and 
then M' Darcye as Patron may present But for my self it noe waye 
concernes me to meddle w^ it 

W: Cakt.^ 

[Endorsed] 

M' Darcies peticon ab* 

M' Glouer « 

If this Rector of Sutton is the emigrant, as seems certain, this 
document gives us some additional knowledge as to his troubles 
in England ; and we find that, as in so many other cases, the Book 
of Sports was a stumbling block to him. 

This Book of Sports, so often unfavorably mentioned by our emi- 
grant clergy, being sometimes greatly misrepresented and commonly 
misunderstood, some account of it may interest the Society. 
Book, in the modem sense, it was not, though the original printed 
copy in the final extended form as issued by King Charles, con- 
trived somehow to sprawl over nineteen pages. In this form 
it takes only some ten or twelve minutes to read slowly aloud, as 
one would read a Thanksgiving Proclamation. It is reproduced 
in Rushworth,^ Wilkins,^ and in two recent collections of docu- 
ments ; but those who have not happened to look for it are apt to 
imagine that it was a treatise on athletics. Indeed Mr. L. O. Pike, 
an English lawyer, says of King James : *' He also wrote a treatise 
in favour of permitting sports and pastimes on Sundays," ^ — a very 
queer phrase for one who has read it, to apply to the Declaration. 
Grardiner in his History of England gives a good account of this 
matter, though the requirements of proportion do not allow him 
to go much into detail. The account in Heylyn's Cyprianus An- 
glicus^ is longer and also good. 

1 This is, of course, Land's own signature. 

* Vol. cclzxviii., no. 45. The endorsement is in the same hand that wrote 
the second part of the document. The error of "Jesse" for '*Josse*' was. 
noted in a recent visit to the Public Record Office by Mr. Albert Matthews, to 
whom I am indebted for a copy of the original document. 

< Historical Collections (1680), ii. 193-196. 

* Concilia MagnsB Britannia et Hibemise (1737), iv. 483, 484. 

* History of Crime in England, ii. 143. 

* Cyprianus Anglicus : or, the History of the Life and Death of William 
Laud. Editions were printed in 1668 and 1671. 



836 THE COLONIAL SOCIETY OP MASSACHUSETTS. [March, 

This is the famous Book of Sports in its last form, as issued by 
King Charles I. : 

THE KINGS 

MAIESTIES 

Declaratio n to 

His Subiects, 

• CONCERNING 

lawfull Sports to 

hee vsed. 



[Vignette.] 



ImpriDted at London by 

Bohert Barker^ Printer to the Kings 

most Excellent Maiestie : And by 

the Assignes of lohn Bill. 



M. DC. XXXIIL^ 



T By the King. 

OVr Deare Father of blessed Memory, in his retume from Scotland 
comming through Lancashire, /ownrf that his Subiects were debarred 
from Lawful Recreations vpon Siindayes after Euening Prayers ended, 
and vpon Holy dayes : And Hee prudently considered, that if these times 
were taken from them, the meaner sort who labour Jiard all the weeke, 
should haue no Recreations at all to refresh their spirits. And after 
His retume, Hee farther saw that His Loyall Subiects in all other parts 
of His Kingdome did suffer in the same kinde, though perhaps not in 
the same degree : And did therefore in His Princely wisdoms, publish 
a Declaration to all his louing Subiects concerning lawfull Sports to be 

^ The title-pages are alike for Jameses and Charles's Declarations, except 
that James's reads : 

Printed by Bonham Norton, 

and lohn Bill, Depude Printers 

for the Kings most E^ccellent 

Maiestie. 

M. DC. XVIIL 

The back of the title in each edition is occupied by the royal arms. The 
Boston Public Library has a good copy of both the Declarations. 



1904.] THE BOOK OF SPOBTS. 887 

vsed at such timesy which was printed and published by His royaU 
Commandement in the yeere 1618. In the Tenor which hereafter 
followeth} 

By the King. 

WHereas ypon Oar retume the last yere out of Seotland, We did 
publish our Pleasure touching the recreations of Our people in 
those parts vnder Our hand : For some causes Us thereunto moouin^^ 
Wee haue thought good to command these Our Directions then giuen 
in Lancashire with a few words thereunto added^ and most appli(Me to 
these parts of Our RealmeSj to bee published to all Our Subiects. 

Whereas Wee«did lastly in Our Progresse through Lancashire, rebuke 
sows Puritanes and Precise people^ and tooke order that the like vnlaW' 
full carriage should not bee vsed by any of them hereafter^ in the p^phib- 
iting and vnlawfull punishing of Our good people for vsing their lawfuU 
RecreationSy and honest exercises vpon Sundayes and other Holy dayes, 
after the aftemoone Serm^on or Seruice: Wee nowfinde that two sorts of 
people wherewith that Countrey is much infected^ ( Wee meane Papists 
and Puritanes) haue maliciottsly traduced and calumniated those Our 
iust and honourable proceedings. And therefore lest Our reputation 
might vpon the one side '(though innocently) haue some aspersion layd 
vpon it, and that vpon the other part Our good people in that Countrey 
be misled by the mistaking and misinterpretation of Our meaning : We 
haue therefore thought good hereby to cleare and make Our pleasure to 
be manifested * to all Our good PeopU in those parts. 

It is true that at our first entry to this Croume, and Kingdom^ Wee 
were informed, and that too truely, that Our County of Lancashire 
abounded more in Popish Recusants then any County of England, and 
thus hath still continued since to Our great regreet, with little am^endr 
m'Bt, saue that now of late, in Our last riding through Our said County 
Wee find both by the report of the ludges, and of the Bishop of that 
diocesse, that there is some amendment now daily beginning, which is no 
small contentment to Vs. 

^ This introduction by Charles is divided from the reprint of his father's 
Declaration by an ornamental engraving, heading the next page, representing 
between two thistles, an altar, before the centre of which, kneeling towards the 
left, is a crowned figure of a man holding a harp. The reprint of the Declara- 
tion of 1618 following differs from the original excepting occasionally in spell- 
ing and capitalization, only in the two words hereafter noticed, and of coarse 
the omission of ** God save the King " at the end. 

> In James's Declaration this word is '* infested." 

as 



338 THB COLONIAL SOCIETY OF MASSACHUSETTS. [March, 

The report of this growing amendment amongst them^ made Vs the 
more sorn/y when with Our ovme Eares We heard the generaU com- 
plaint of Our people, that they were barred from all lawjule Becreaiion^ 
& exercise vpon the Sunday es aftemoone, after the ending of all IHuine 
Seruice, which cannot but produce two euils : The one, the hindering of 
the conuersion of many^ whom their Priests will take occasion hereby to 
vexe^ perswading them that no honest mirth or recreation is lawfuU or 
tolerable in Our Religion, which cannot but breed a great discontentment 
in Our peoples hearts^ especially of such <m are peraduenture vpon the 
point of turning; The other inconvenience is, thai this prohibition 
barreth the common and meaner sort of people from vsing such exercises 
as may make their bodies more able for Warre, when Wee or Our Sue- 
cessours shall have occasion to vse them. And in plaoe thereof sets vp 
filthy tiplings and drunkennesse, & breeds a number of idle and discon- 
tented speeches in their Alehouses, For when shall the common people 
have leaue to exercise, if not vpon the Sunday es & holydaiesj seeing they 
mtist apply their labour, & win their liuing in all working daies ? 

Our expresse pleasure therefore is, thai the Lawes of Our Kingdome^ 
& Canons of Our Church be aswell observed in that Countie, as in aU 
other places of this Our Kingdome. And on the other part, that no 
lawfuU Recreation shall bee barred to Our good People, which shall not 
tend to the breach of Our aforesaid Lawes, and Canons of Our Church: 
which to expresse more particularly, Our pleasure is. That the Bishop, 
and all other inferiour Churchmen, and Churchwardens, shall for their 
parts bee carefall and diligent, both to instruct the ignorant, and eon- 
uince and reforme them thai are mis-led in Religion, presenting them 
that will not conforme themselues, but obstinalely stand out to Our 
Judges and Justices : Whom We likewise command to put the Law in 
due execution against them. 

Our pleasure likevnse is, That the Bishop of thai Diocesse take the 
like straight order with all the Puritanes and Precisians within the 
same, either constraining them to conforme themselues, or to leaue 
the County ^ according to the Lawes of Our Kingdome, and Canons of 
Our Church, and so to strike equally on both hands, against the eontemr 
ners of Our Authority, and adversaries of Our Church. And as for Our 
good peoples lawfuU Recreation, Our pleasure likewise is. That after 
the end of Diuine Seruice, Our good people be not disturbed, letted, or 
discouraged from any lawful recreation, Such as daundng, either men 
or women, Archery for men, leaping, vaulting, or any other such harme- 
lesse Recreation, nor from hauing of May-Games, Whitson Ales, and 

^ In James's Declaration this word is ** Coontrey." 



1904.] THE BOOK OF SPORTS. 839 

Morris-dances^ and the setting vp of May-poles & other sports therewith 
vsed, so as the same be had in due & conuenient time, without impedi- 
ment or neglect of I>iuine Seruice : And that women shall haue leaue to 
carry rushes to the Church for the decoring of it, according to their old 
custome. But rcithall We doe here account still as prohibited all vnlauj* 
full games to bee vsed vpon Sundayes onely, cCs Beare and Bidlbaitings^ 
Interludes, and at all times in the Tneaner sort of pedple by Law 
prohibited, Bowling. 

And likewise We barre from this benefite and liberty, all such 
knowne recusants, either men or women, as will abstaine from comming 
to Church or diuine Se7*uice, being therefore vnworthy of any lawfull 
recreation after the said Seruice, that will not first come to the Church, 
and serue God: Prohibiting in like sort the said Recreations to any 
that, though conforme in Religion, are not present in the Church at the 
Seruice of God, before their going to the said Recreations. Our pleas- 
ure likewise is, Tliat they to whom it belongeth in Office, shall present 
and sharpely punish all such as in abuse of this Our liberty, will vse 
these exercises before the ends of all Diuine Seruices for that day. 
And We likewise straightly command, tliat euery person shall resort to 
his owne Parish Church to heare Diuine Seruice, and each Parish by 
it selfe to vse the said Recreation after Diuine Seruice. Prohibiting 
likewise any Offensiue weapons to bee carried or vsed in the said times 
of Recreations. And Our pleasure is. That this Our Declaration shall 
bee published by order from the Bishop of the Diocesse, through all the 
Parish Churches, and that both Our Judges of Our Circuit, and Our 
Justices of Our Pea^e be informed thereof, 

Giuen at Our Mannour of Greenwich the foure and twentieth day of 
May, in the sixteenth yeere of Our Raigne of England, France 
and Ireland, and of Scotland the one and fiftieth. 

"VTOt^ out of a like pious Care for the seruice of God, and for suppres- 
-Ll sing of any humors that oppose trueth, and for the Ease, Comfort, 
& Recreation of Our well deseruing People, Wee doe ratifie and publish 
this Our blessed Fathers Declaration : The rather because of late in 
some Counties of Our Kingdome,Wee finde that vnder pretence of taking 
away abuses, there hath been a generall forbidding, not onely of ordinary 
meetings, but of the Feasts of the Dedication of the Churches, commonly 
called Wakes. Now Our expresse will and pleasure is, that these Feasts 
with others shall bee obserued, and that Our Justices of the peace in their 
seuerall Diuisions shall looks to it, both that all disorders there may be 
preuented or punished, and that all neighbourhood and freedome, with 



340 THE COLONIAL SOCIETY OF MASSACHUSETTS. [Mabch, 

manlike and lawfuU Exercises bee vsed. And Wee farther Command 
Our Justices of Assize in their seuerall Circuits, to see that no man doe 
trouble or molest any of Our loyall and duetifuU people, in or for their 
lawfull Recreations, hauing first done their duetie to God, and con- 
tinuing in obedience to Vs and Our Lawes. And of this Wee command 
aU Our Judges, Justices* of the Peace, as toell within Liberties as 
wvtJwut, Maiors, Bayliffes, Constables, and other Offioersl to take notice 
of, and to see obserued, as they tender Our displeasure. And Wee 
farther will, that pxMication of this Our Command bee made by order 
from the Bishops through all the Parish Churches of their seuerall 
Diocesse respectiuely. 

Giuen at Our Palace of WestmiDSter the eighteenth day of October, 
in the ninth yeere of Our Reigne. 

God saue the Eing.^ 

This then in its completed form is the famous Book of Sports, 
more properly called ^^ the King's Declaration of Sports,*^ so often 
and so bitterly referred to by our New England forefathers. 
Samuel R. Gai*diner says of it, as originally issued by James, that — 

with the exception of a clause by which the benefit of the liberty ac- 
corded was refused to all who absented themselves from the service — a 
clause by which it was intended to strike a blow at recusancy, but which 
in reality bribed men to worship God by the alluring prospect of a danee 
in the afternoon — little objection would be taken to the general scope of 
the declaration which James founded upon Morton's recommendations.^ 

Mr. Gardiner does not of course intend to express approval of 
certain passages requiring the enforcement of the laws concerning 
conformity. But even so his approval, though marking the change 
that has come over the English speaking people in the matter of 
Sunday observance at the close of the nineteenth century, would 
not meet with universal acceptance — teste the Statutes of the 
Commonwealth of Massachusetts. 

^ The following order written by Laud and signed by the King is still among 
the English State papers : '* Charles R. Canterbary, See that our declaration 
concerning recreations on the Lord's Day, after evening prayer, be printed" 
(H. Gee and W. J. Hardy, Documents Illustrative of English Church History, 
p. 522). 

3 History of England, ill. 251. 



1904.] THE BOOK OP SPORTS. 341 

The Declaration of Sports, ten days after it was signed by the 
King, was sent out to the Bishops by the Primate, with a letter 
as follows: 

'^Salutek in Christo." My very good lord. It bath pleased his 
majesty to command the reprinting of a declaration published in his 
royal father's time of blessed memory, and intituled, '^ The king's 
majesty's declaration to his subjects concerning lawful sports to be used, 
etc." wherein, as your lordship shall find at the latter end thereof, 
every bishop is enjoined to see that the books be distributed to the 
several parishes within his diocese, and there published to the people, to 
the end they may know his majesty's princely care over them ; and to 
the effectual performance of this I make no doubt, your lordship will 
use all diligence. And I am commanded to give you notice thereof, 
because his majesty expects no less from you ; and your officers are to 
send for the books accordingly. So with my love remembered, I leave 
you to the grace of God and rest 

Tour lordships very loving friend and brother j 
Lambeth October 28. W. Cant.* 

M. DC. zxxin. 

It does not appear that Laud was especially responsible for the 
reissue of the Declaration or particularly energetic in enforcing it, 
— rather the reverse, — but the writer in Chambers's Encyclopaadia 
is doubtless correct in saying that the Puritans believed the Declar- 
ation was drawn up by him. This obviously was not the case ; and 
there is no reason to suppose that he had anything to do with the 
matter until the time of this reissue in 1638. He was not with 
James on his return from Scotland in 1617 and James's adviser, so 
far as appears, was Morton, Bishop of Chester.^ The fact is that 

1 D. Wilkins, CoDcilia, iv. 484. 

' Thomas Morton is generally highly spoken of. His daughter Ann was 
married to Theophilus Eaton, and one of her brothers-in-law, the Rev. 
Nathaniel Eaton, a pupil of the famous William Ames and first master of the 
College in our Cambridge, published in 1633 a work entitled : Inquisitio in 
variantes Theologorum quorundam Sententias de Sabbato et Die Dominico, 
quam . • . proponit, sub prsesidio D.D. Guilielmi Amesii, Nathanael Eatonius, 
Auglus, ad diem Martij hora prima pomeridiana loco oonsueto. There is in 
the Harvard College Library a copy of a second edition of this, published in 
1658 at Amsterdam under the title of Guilielmi Amesi Sententia de Origine 
Sabbati & Die Dominico, Quam ex ipsius mente Concepit scripto & publice 
disputavit. 



342 THE COLONIAL SOCIETY OP MASSACHUSETTS. [Makch, 

the Puritans knew Laud to be their ablest opponent and the head 
and front of the opposition, so that popularly whatever was done 
against them was ascribed to him. Serjeant Wilde in his opening 
speech at Laud's trial for high treason laid great stress on the 
Book of Sports, thus : 

A Bead-RoU of Particulars might be recited, wherein this Reconcile- 
ment [of England and Rome] was to be wrought in Points of Free- Will, 
Merits, JustiGcation, Universal Grace, Purgatory ; and, in effect, all the 
rest. 

To draw on these, there must be an introducing of Popish Ceremonies 
in all the Particulars contained in the Mass-Books, and Pontificids 
themselves: And to make way for these, the Book of Sports must be 
published, and pressed beyond the King's Intention or Declaration, 
which was but a civil Command : but he subjoins Ek^clesiastical Penal- 
ties, even the sharpest, Suspension, Deprivation, and the like; these 
executed on divers good and godly Men with a high Hand. Thus a 
Liberty proclaimed not to Captives but to profane Caitiffs ; this Day set 
apai*t by God ab (Btemo, exposed and prostituted to all Looseness and 
Irreligion, and that by a law ; This Lamb taken out of his Bosom. 

Jehosophat sends Priests aud Levites into all the Cities and Tribes to 
instruct them : This Prelate sends Declarations and Injunctions to cor- 
rupt them, and to extinguish the Lamp and Light of Religion. In the 
former Acts he destroys the Protestants; in this Religion itself. In 
the one, he leaves Superstition ; in the other, nothing but Atheism and 
Profaneness : ... as did the Apostate Julian.^ 

This speech of Serjeant Wilde reminds one of the more celebrated 
speech of Serjeant Buzfuz. 

Though for various reasons the Book of Sports was peculiarly 
obnoxious to the Puritans, I do not think it was intended either 
in its original issue, or when issued again by Charles, as a trap to 
catch the Puritan clergy as Arthur Wilson, the contemporary 
chronicler, says it was. Wilson was of the household of that pecu- 
liar and not estimable sort of Puritan, the Earl of Warwick, and is 
neither a careful nor a scrupulous sort of person ; but I imagine 
that this account which he gives represents the popular idea of the 
time of the Commonwealth : 

Some of the Bishops, pretending Recreations^ and liberty to servants 
and the common people . . . procured the King to put out a Book 

1 Hargraye, State Trials (1776), i. 842. 



1904.] OBSERVANCE OF THE ENGLISH SUNDAY. 843 

to permit danciDg about May-poles^ Church-cUes^ and such debauched 
Exercises upon the Sabbath-day . . . This Book being only a trap 
to catch some conscientious men, that they could not otherwise with all 
their cunning insnare : For they would preach the Oospel in a Foohrcoai 
(as some of them exprest) rather than be silenced for a SurplU. And 
their Conjuring of them with the Cross in Baptism, and the Circle of the 
Ring in Marriage, could not make a well-composed Reason^ and a sound 
Conscience then start at it: But when so frightful an Apparition as 
the dancing Book appeared, some of the Ministers^ left all for fear, others 
by force, they were so terrified with it. . . . This new incroachment 
upon the Sabbath gave both King and people more liberty to profane the 
day with authority} 

The history of the book is as we see to a large extent contained 
in the book itself and appears to be con*ectly given. The main 
point of course concerns the way of keeping the first day of the 
week, though this was by no means the only point in dispute. 

As a matter of indisputable fact, the English Sunday is in the 
later centuries a purely English invention ^ which was first advo- 
cated in England at some time not very long before the Spanish 
Armada.^ Taken up by many of the Calvinists, it spread to Scot* 

1 History of Great Britain (1658), pp. 105, 106. 

• In 1852 Lyman Coleman wrote : 

The DiTine authority of the Sabbath neither was recognized by the ancient fathers- 
nor by Luther or Calvin or by the early Reformers. It was reserved for the Puritans 
to their immortal honour, first to expound and enforce the law of the Christian Sabbath 
based on the authority of God's word (Ancient Christianity, p. 532). 

* Mr. Robert Cox, in his Literature of the Sabbath Question (1865), gives a 
very complete critical bibliography of this question. The first work he meiitions- 
(i. 139) advocating the Christian Sahbath is a sennon preached in 1577 by the 
Rev. Thomas White. This sermon was referred to in 1590 by Stephen Gosson. 
in his Playes Confuted in fine Actions, and was quoted in 1831 by J. P. Collier 
in his History of English Dramatic Poetry (1879), i. 220 note. There are in 
the British Museum two copies of the sermon. The text is identical in both 
copies, but the title-pages differ. That of one copy reads as follows : " A Ser- 
mon Preached at Pawles Crosse on Sunday the ninth of December. 1570. by 
T. W. Imprinted at London by Francis Coldock. 1578." That of the other 
copy reads thus: *' A Sermo Preached at Pawles Crosse on Sunday the thirde 
of Nouember 1577. in the time of the Plague, by T. W. Imprinted at Lon- 
don by Francis Coldock. 1578." In the British Museum Catalogue is the- 
statement : •• A duplicate of the sermon preached on Nov. 3, 1577 : probably 
the title-page does not belong to the book." In each copy the colophoa 
(p. 98) reads : *' Imprinted at London by Francis Coldocke. Anno Dom. 1578. 



344 THB COLONIAL SOCIETY OF MASSACHUSETTS. [March, 

land and at one time obtained a slight foothold on the Continent. 
The English speaking Puritans generally adopted it, and in the 
time of the Commonwealth it came to be a national tradition, ac- 
cepted by almost all English speaking people, Irish Roman Catholics 
being the only considerable exception. It is not the Jewish Sab- 
bath transferred to the first day of the week — for the strictest 
Jews did not forbid music, feasting and dancing. The Jew for- 
bade work, the Puritan also forbade work more or less strictly — 
not quite on the same lines with the Jew. But it was the Puritan 
who forbade play. To write, as Wilson does, of the action of James 
in forbidding the entire suppression of sports on Sunday as ^* a new 
incroachment upon the Sabbath" is entirely absurd. The King 
was simply in some degree resisting a new encroachment upon the 
immemorial liberties of the people. The question of what relation, 
if any, the Christian weekly festival bore to the Jewish was debated 
among theologians, but the Christian festival was not called the 
Sabbath, nor kept anywhere after the Puritan model by any, until 
towards the end of Elizabeth's reign. 

Martin Marprelate charges one of **that swinish herd" the 
English Bishops, I think it was ^* dumb dunsical John," alias the 
Bishop of London, with playing bowls on Sunday, and writes of 
*' solemnizing the Sabbath." But John Knox visiting John Calvin 
on a Sunday is said to have found him bowling, — if the story is 
not true it might have been: and in Geneva at the time of the 
Commonwealth Evelyn records the pomp and circumstance of the 
usual Sunday afternoon shooting-matches in which he took part. 
Such use of language and the objection to the Sunday sport was 
still very unusual even in England, though in the North there had 
already been some considerable, I do not find just how much, re- 

Febniarij. 10/' For a notice of Thomas White, who was the founder of Sion 
College, London, see the Dictionary of National Biography, Ixi. 78. The book 
which really marked and occasioned a common change in the method of keep- 
ing the Sunday, was the work of the Rev. Nicholas Bownde or Bound first pub- 
lished in 1595 under the title of The Doctrine of the Sabbath, afterwards in 
an abridgment, and again in an enlarged edition in 1606 under the title of 
Sabbathum Veteris et Nov! Testamenti : Or the true doctrine of the Sabbath. 
The other most important book on this subject is Peter Heylyn's History of the 
Sabbath (1636), a presentation copy of which to Lord Strafford, afterwards 
owned by Charles Sumner, is in the Harvard College Library. For the informa- 
tion in regard to Thomas White's sermon, I am again indebted to Mr. Matthews. 



1004.] KING JAMBS I. AND BP0BT8 ON SUNDAY. 846 

starictioiL And when James returned through Lancashire from 
Scotland, the Lancashire people, emboldened it is said by the inter- 
est he had shown in their sports, even having himself acted as 
judge on his way North, petitioned for a removal of the restrictions 
which, apparently entirely without warrant of law, the magistrates 
had imposed upon them. James is said to have then made two 
Declarations on the subject, one in a speech at Myerscough Lodge, 
the other the next day at Houghton Tower,^ where the petition was 
presented. This was a really fine fortified Castle belonging to an 
old family claiming Saxon descent. Here the King was entertained 
for two or three days. It was here on 17 August, being Sunday, 
during the King's visit, that, as Nicholas Assheton recoids in his 
Journal: 

The BuBhopp of Chester pched before the King. To dinner. Ab* 4 
o'clock, ther was a rushbearing' and pipeing afore them, affore the 
King in the middle court; then to supp. Then, ab' ten or eleven o'clock 
a maske of noblemen, knights, gentlemen, and courtiers, afore the King, 
in the middle round, in the garden. Some speeches : of the rest, danc- 
ing the Huckler, Tom Bedlo, and the Cowp Justice of Peace.* 

I give this at some length because of the occasion and as an illus- 
tration of what James considered lawful sports on a Sunday after- 
noon. 

On this day a petition was presented to the King principally signed 
by Lancashire peasants, tradesmen and servants, representing that they 
were debarred from lawful recreations upon Sunday, after evening 
prayers, and upon holidays, and praying that the restrictions imposed in 
1679 by Henry Earl of Derby, Henry Earl of Huntingdon, * William, 

^ For information about Myerscough Lodge, which appears under yarious 
spellings, and Houghton Tower, see the notes to Assheton's Journal, pp. 83, 34, 
40, 41, and J. Nichols's Progresses of King James the First, iii. 396 note, 398noto. 

* Not the rushbearing of the Book of Sports, which was decorating the 
church with garlands and the like on the eve of the day of the parish yearly 
festival — amongst other things the floor was strewn with rushes. The use of 
the word here may be illustrated by the rushbearing in a Masque at Preston 
the next day when <* a man was enclosed in a dendrological foliage of fronds " 
(Assheton's Journal, p. 46 note), 

• Journal (1848), pp. 40-45 (Chetham Society, xiv.). 

^ Henry Hastings, Earl of Huntingdon, appointed 17 June, 1577, First Com- 
missioner for Ecclesiastical Causes in the Provinoe of York. The Earl of 
Derby's appointment was of the same date. 



346 THB COLONIAL SOCIETY OF MASSACHUSETTS. [March, 

Bisbop of Chester, and other high commissioners, might be withdrawn. 
These restrictions the royal visitor condemned. ^ 

The King's action in this matter produced results which he 
neither anticipated nor desired, for in some places the people cele- 
bmted their liberty by assembling during service-time and making 
intentional disturbance, against which abuse the King's subsequent 
Proclamation is so largely directed. There was much opposition 
to the Declaration, among the recalcitrant being the Archbishop of 
Canterbury. The King did not insist very strenuously on the 
reading of his Declaration by the clergy and the matter was more 
or less lost sight of until the reign of his son. 

Meantime the feeling in favor of a stiicter Sunday had grown, 
and in the first of Charles I. was passed " An Act for punishing 
divers abuses committed on the Lord's day, called Sunday," which 
reads: 

that the holy keeping of the Lords day, is a principall part of the true 
Sei*vice of God, which in very many places of this Realme hath beene and 
now is pphaned and neglected by a disorderlie sort of people ... Be it 
enacted . . . there shalbe no meetings assemblies or concourse of peo- 
ple out of their owne Parishes on the Lords day ... for any sports or 
pastimes whatsoever; nor any Bearbaiting, Bnllbaiting, £nterlades, 
Comon Playes or other unlawful exercises and pastimes used by any 
pson or psons within their owne Parishes. 

This is the first Statute of the sort ever passed in England, and 
in the Parliament of the third of Charles I. it was followed by — 

An Act for the further reformation of sondry abuses comitted on the 
Lords Day comonlie called Sonday. Forasmuch As the Lords Day 
comonly called Sunday is much broken and pphaned by Carriers Wag- 
goners Carters Waynemen Butchers and Drovers of Cattel to the great 
dishonor of God and reproach of Religion, Be it therefore Enacted [that 
these persons mentioned who shall] Travell uppon the said Day [with 
carts, waggons, wains, etc.'] shall lose and forfeit twentie shillings,' 

and a butcher, for killing or selling, six shillings and eightpence. 
Of these acts and the subsequent proceedings arising from them 
Heylyn says : 

I The Rev. F. R. Raines, in Assheton's Journal, p. 41 note. 
> 1625, 1627, Statutes of the Realm (1819), v. 1, 25. 



1904.] KIKG JAMES I. AND SPORTS ON SUNDAY. 347 

Though it was not his Majesties purpose in those Acts to debar any of 
his good Subjects from any honest and harmless Recreations, which had 
not been prohibited by the Laws of the Land ; or that it should not be 
lawful for them, in case of necessity, to buy a piece of Meat for the use 
of their Families, the Butchers Shop not being set open as upon other 
days: yet presently some Publick Ministers of Justice began to put 
another sense upon those Acts, than ever came within the compass of 
his meaning. For at the Summer Assizes held in Exon. Anno 1627. 
an order was made by Walter^ then Chief Baron, and Denham one of the 
puisne Barons of the Court of Exchequer, for suppressing all Revels, 
Church- Ales, Clerk-Ales, which had been used upon that day ; requiring 
the Justices of the Peace within the said County to see the same put in 
execution ; and that every Minister in his Parish-Church should publish 
the said Order yearly, on the first Sunday in February, The like Order 
made in the same year also for the Counties of Somerset and Dorset, and 
probably enough for some of the other Counties of that Western Circuit; 
none of them in those squeasie and unsettled Times being questioned for 
it. And then in reference to the Statute of the Third of this King, a 
Warrant is granted in the month of April 1629. by Richard Dean then 
Lord Mayor of London^ for apprehending all Porters carrying Burthens, 
or Water-men plying at their Oars, all Tankard-bearers carrying Water 
to their Masters Houses, all Chandlers and Hucksters which bought 
any Victuals on that day of the Country-Carriers, all Vintners, Alehouse- 
keepers, Strongwater-men, and Tobacco-sellers, which suffered any Per- 
son to sit drinking on that day (though possibly they might do it only 
for their honest necessities.) In which as Dean out-went the Statute, so 
Raynton \n th^ same Office, Anno 1633. over-acted Dean^ prohibiting 
a poor woman from selling Apples on that day in St. PauVs Church-yard, 
within which place he could pretend no Jurisdiction, and for that cause 
was questioned and reproved by Laud then Bishop of London. 

But none so lustily laid about him in this kind, as Richardson^^ the 
Chief Justice of his Majesties Bench, who in the Lent- Assizes for the 

^ The Order made by Richardson and Denham — 

was to this parpose, that whereas divers Orders have been made heretofore bj the 
Judges of Assize, for the suppression of all Ales and Revels, the same order is now 
confirmed at the Assizes, and again ordered by the Court in regard of the Infinite 
Number of Inconveniences, daily arising by means of Revels, that snch Revels, Church 
Ales, Clerk-Ales, and all other Publick Ales be henceforth utterly suppressed, and to the 
end this may be observed, it is further Ordered that the Clerk of the Assizes shall leave 
Copies thereof, with the Minister of Parish within his several Hundred, and shall give a 
Note nnder his Hand, that he shall publish it yearly within the Parish the first Sunday 
in February, and likewise the two Sundays before Easter yearly (Rush worth. Historical 
Collections, ii. 191). 



848 THE OOLONIAIi 80GIBTY OF MASSACHUSBTT8. [March, 

County of Somerset Anno, 1631. published the like order to that which 
had been made by Walter for the County of Devon; not only requiring 
that the Justices of the Peace in the said County should see the same 
to be duly put in execution : but also (as the other had done before) that 
publication should be made thereof in the Parish-Churches by all such 
Ministers as did Officiate in the same ; with which encroachment on the 
Ecclesiastical Jurisdiction, in imposing upon men in Holy Orders the 
publishing of Warrants and Commands from the Secular Judges^ Laud 
being then Bishop of London^ and finding his Majesties Affairs in a 
quieter condition than they had been formerly, was not meanly offended, 
as he had good reason so to be, and made complaint of it to the King, 
who thereupon commanded Richardson to revoke the said Order at the 
next Assizes. But Richardson was so far from obeying his Majesties 
Command in that particular, that on the contrary he not only confirmed 
his former Order, but made it more peremptory than before : Upon com* 
plaint whereof by Sir Robert Philips,^ and other chief Gentlemen of that 
County, his Majesty seemed to be very much moved, and gave Command 
to the Bishop of London to require an Account from the Bishop of Bath 
and Wells then being, how the said Feast-days, Church-Ales^ Wakes^ or 
Revels, were for the most part celebrated and observed in his Diocesa.* 

Laud accordingly wrote to Bishop Piers 4 October, 1638 : 

There has been of late some noise in Somersetshire about the Feasts 
of the Dedications of Churches, commonly called the Wakes, and it 
seems the Justices of Assize formerly made an order to prohibit them, 
and caused it to be published in some or most of the churches there by 
the ministers, without the Lord Bishop's consent The pretence for 
this has been that some disorders are committed at those times, by 

^ Under date of 2 May, 1638, occars the following: 

The King to Sir Robert Phelipps, Sir Henry Berkeley, and Dr. Goodwin, Jostices of 
Peace for co. Somerset. The King nnderstands it has been an ancient costom in that 
county, and in other parts, to hold feasts of dedications of churches, commonly called 
the " Walkes " [Wakes], and that the custom has been of late interrupted. They are to 
certify what has been given in charge by the judges of assize who now ride that circuit* 
or by any others concerning the suppressing of the same, and whether any judge made 
an order and sent it to the clergy to publish ; and especially what order Lord Chief 
Justice Richardson made at the last assizes, for recalling a former order against those 
feasts, as the King's express command twice signified to him by the Lord Keeper was 
he should da The King's intention is not to give liberty to the profanation of the Lord's 
Day, but that the people after evening prayer may use decent and sober recreations. 
(Calendar of State Papers, Domestic, 1633-1634, p. 41.) 

The then Lord Keeper was Thomas Coyentry, Baron Coyentry. 

* Cyprianus Anglicus (1671), pp. 241, 242. See also pp. 243, 244, 278-280. 



1904.] FEA8T8 OF DEDICATION. 849 

which ai^ument any thing that is abased may be taken away. There 
has been some heat in the country about this by the carriage of Lord 
Chief Justice Richardson, with which his Majesty is not well pleased. 
He conceives that disorders may be prevented by the Justices of the 
Peace, and yet leave the feasts to be kept for the neighbourly meetings 
and recreations of the people. His Majesty is further informed ; that 
the Humorists increase much in those parts, and unite themselves by 
banding against these feasts which he noway likes. He has commanded 
the Archbishop to require Bishop Piers to send for some of the gravest 
of his clergy, and such as stand best affected to the Church and Govern- 
ment, and by them to inform himself how these feasts have been 
ordered for this last year, and to send up an account to be shown to his 
Majesty.^ 

Under date of 5 November, Bishop Piers replies: 

On receipt of his letter ... he sent forth letters to some of the better 
sort of the clergy, out of every division, part, and comer of Somerset- 
shire to come to him, and he finds by the answers of 72 beneficed 
ministers in whose parishes Feasts of Dedication of their churches are 
kept: — I. That those feasts have been kept so long as they have lived in 
their several parishes without disorders. II. That on the feast days 
the service of the church has been more solemnly performed, and the 
church better frequented, than upon any other Sunday in the year. 
III. That they have not known of any disorders in the neighbouring 
towns where the like feasts are kept IV. That the people very much 
desire their continuance. Lastly. All those ministers are of opinion 
that it is fit they should be continued, for a memorial of the dedication 
of their churches, for the civilizing of people, for their lawful recreations, 
for composing differences by meeting of friends, for increase of love and 
amity as being feasts of charity, for relief of the poor, the richer sort 
keeping then open house, and for many other reasons. Believes if he had 
sent for 100 more of the clergy, he should have received the same answers. 
. . . throughout Somersetshire there are not only Feasts of Dedication, 
but Church-ales, Clerk-ales, and Bid-ales. The Feasts of Dedication 
are called Feast-days or Revel-days, and are not known among the 
ignorant people as Feasts of Dedication, although all scholars acknowl- 
edge them to be so, and one minister who has been a great traveller, 
has inserted in his answer that in some reformed churches, namely in 
Switzerland, these feasts are observed. When the constables told their 

^ Calendar of State Papers, Domestic, 1639-1634, p. 231. 



850 THE COLONIAL 80CIBTT OF MASSACHUSETTS. [March, 

neighbours that the judges would put down these feasts, they answered 
that it was very hard if they could not entertain their friends once a 
year, to praise God for his blessings, and pray for the King under 
whose happy goyemment they enjoy peace and quietness. The chief est 
of the dislike of the feasts among the preciser sort, is because they are 
kept upon Sundays, which they never call but Sabbath days, upon 
which they would have no manner of recreation, neither roast nor sod. 
Some of the ministers confess that if the people should not have their 
lawful recreations upon Sundays after evening prayer they would go 
either to tippling houses and there talk of matters of church and state, 
or else into conventicles. Church-ales have been most left off or put 
down, but by church-ales heretofore many poor parishes have cast their 
bells, repaired their towers, beautified their churches, and raised stocks 
for the poor, and not by the sins of the people (as some humorists have 
said), but by the benevolence of the people at their sports and pastimes. 
Clerk-ales, for the better maintenance of parish clerks, have been used 
until of late, and since they have been put down, some ministers are 
afraid they shall have no parish clerks. A bid-ale is when an honest 
man decayed in his estate is set up again by the benevolence of friends 
at a feast, but this is laid aside in almost every place. ^ 

The King did not however wait until this answer was received, 
but, as we have seen, even before it was written had already pro- 
vided for the reissue of his father's Declaration. This action of the 
King may have been hastened by a Petition to the King, the exact 
date of which I do not see stated, from twenty-five of the Justices 
of the Peace for the County of Somerset, headed by John Poulett, 
first Baron Poulett. They say : 

Heretofore there have been several good orders made by Justices of 
Assize and Justices of Peace for co. Somerset for suppressing church-ales, 
clerk-ales, bid-ales and revels, by reason of disorders inseperably ac- 
companying the same, whereby they have been for a long time forborne. 
By occasion of a declaration published last assizes by the Lord Chief 
Justice of the King's Bench for restoring wakes and revels and repealing 
all orders made against them, and by reason of a rumor thereof spread in 
the country since the last Assizes, not only all the disorders and proph* 
anation of the Lord's day, riotous tippling, contempt of authorities, 
quarrels, murders, &c., have increased this summer, but even the other 
disorderly assemblies of church-ales, bid-ales, and clerk-ales condemned 

^ Calendar of State Papers, Domestic, 1639-1634, pp. 275, 276. 



1904.] THE BOOK OF 8P0BTS BUBNED. 851 

by the laws have again been set up. Pray the King to grant some 
more particular declaration that his command may not be thought to 
extend farther than to the upholding of civil feasting between neigh- 
bour and neighbour in their houses, and the orderly use of manly 
exercises, and that they may have his favour to suppress all the before 
mentioned unlawful assemblies.^ 

The radical contradictions between this statement and others may 
be better understood by recalling the conflicting statements of the 
"temperance" advocates and their opponents in our own time. 
The statement, however, that the different sorts of ales mentioned 
were unlawful is simply false, if by unlawful these Justices of the 
Peace meant against any Statute. The keeping of them was indeed 
contrary to their own orders, ^ which in this case appear to have been 
in this particular, as in the suppression of the parish festivals and 
the commanding the clergy to promulgate them under penalty, 
altogether tdtra vires. And there is among the State Papers of this 
date the — 

draft of a royal declaration made or suggested respecting the King*s 
care to maintain all courts of justice within their true bounds. It 
refers to the pains he has already taken to that end, and states his 
purpose to settle a certain order respecting prohibitions in accordance 
with the ancient laws of the realm.* 

There seems to have been ample reason for issuing such a 
Declaration. The King and the Archbishop both lost their lives, 
but the Puritan Sabbath triumphed and the hated Book of Sports 
went first to the hangman thus : 

An Order of the Commons assembled in Parliament for the burning 
of the Book for tolerating Sports upon the Lord's day — Die Veneris 
5, Mail 1648. 

^ Calendar of State Papers, Domestic, 1639-1694, p. 850. 

* They sent with their petition copies of three similar orders formerly issaed : 
(1) by the Justices of the Peace of Devon for suppressing church-ales and revels 
dated 10 January, 1599 ; (2) by Sir Laurence Tanfield and Sergeant Montagu, 
Justices of Assize for Devon, ordering its publication in parish churches, dated 
24 July, 1615 ; (8) by Sir John Walter, Lord Chief Baron, and Sir John Den- 
ham, Justices of Assize for Devon, ordering the parish clergy to publish it yearly 
on the first Sunday in February, dated 28 July, 1627 {Ibid. pp. 850, 851). 

• Ibid, p. 851. 



852 THE COLONIAL SOCIETY OF MASSACHUSETTS [March, 

It is Ordered by the Lords and Commons in Parliamefd : that the 
Booke concerning the injoying and toleraJting of Sports upon the Lords 
day^ be forthwith burned by the hand of the Common HangvMkn in Cheape- 
side and other usvaJH places; and to this purpose^ the Sheriffs of London 
and Middlesex respectively are hereby required to be assistant to the 
effectual execution of this order and see the said Bookes burnt CLCCordingly^ 
and dU persons who have any of the said Books in their hands are hereby 
required forthwith to deliver them to one, of the Sheriffs of London, to 
be burnt according to this order. 

The Sheriffs o/ London and Middlesex have assigned Wednesday next 
the tenth of this instant May, at twelve of the dock, for • • • all persons 
to bring them in by that time.^ 

Mr. Hekby H. Edes communicated an unpublished letter 
dated 15 May, 1747, written by the Rev. Dr. Benjamin Col- 
man of the Brattle Square Church, Boston, to the Rev. 
Francis Foxcroft of the First Church, concerning an invita- 
tion to be present at the ordination of the Rev. Jonathan 
Mayhew of the West Church which, as is well known, was 
accomplished with difficulty and only after a second ordaining 
Council had been called. The letter * follows : 

Boston. May 15. 1747 
p. m. 
Rev & dear Sir 

Deacon Berry* & Mr Gray* have just now bro't me a Letter from 
ye West Chh. to ask our Presence in Council on Wednesday next for ye 
Ordination of their Pastor Elect. They tell me that of all ye Chh's in 
ye Town they have sent only to yours & ours. Mr. Cooper * is gone 
away, & whether Dr Chauncey * is returned I know not. 

^ A collection of all publicke orders ordinances and Declarations of both 
Houses of Parliament from the Ninth of March 1642 until December 1646, pp. 
156, 157. 

• The original letter belongs to the Rev. Anson Titus, who has kindly pez^ 
mitted a copy to be taken for publication ih our Tryisactiona 

• Henry Berry. 

^ Harrison Gray. He was the last Treasurer of the Province under the 
Crown (1753-1774). See 1 Proceedings of the Massachusetts Historical 
Society, viii. 354. 

» The Rev. Samuel Cooper (H. C. 1743). 

• The Rev. Charles Chauncy (H. C. 1721). 







^Jk $i ^ - 



r y/!^i !/M^/l^rA 'J/'/v?^ /^V/JfA! UUl/ 



1904.] LBTTEB OF REV. BBNJAAIIN COLMAN. 353 

I freely told ye Brethren ye great Uneasiness & Dlsplicency it must 
be to me to be asked without ye Presence of ye Rev** D' Sewal/ Prince,* 
Webb • &c '^. I shal be glad to know your Mind & Counsel on this Occa- 
sion. I had my Cloke on just now & had got out of doors to have come 
up to your House. If you come out this afternoon, you wil oblige me 
by calling on me. If you can't come out & ye Sun shines, I '11 wait on 
you. Our Peace & Edification at home, is I fear threatncd whether we 
send, or not. How it may be w'^ You I know not But I pray God to 
give us Peace, with Truth & Holiness, always, by all Means. 
Rev. Sir Your afTec. Brother & Serv* 
Benj. Colman 

Rev. M! Foxcroft. 

On behalf of Dr. Horace Howard Furness, a Correspond- 
ing Member, Mr. Edes presented a copy of a reprint of the 
New-England Weekly Journal of 8 April, 1728. 

Mr. Andrew McFarland Davis exhibited a photograph 
of a Provincial Ten Shilling Bill, and spoke as follows : 

This photograph of a ten shilling bill of public credit of the 
Province of Massachusetts, the original of which was printed from 
the plate prepared in 1713, brings before us a new specimen of the 
Provincial currency for which we are indebted to the courtesy of 
Dr. Samuel A. Green, the owner of the bilL The dates inscribed 
upon the margin of the plate, 1714 and 1716, indicate that the 
plate was used for emissions in those years, and the necessary infer- 
ence is that this bill was emitted in 1716. The inscription at the 
top of the bill " An Angel " compels those who are not familiar 
with numismatics to turn back to the days when Rose Nobles, 
Florences, Ryals, Angels, Groats, and Sterlings, were current in 
England, and grope among the terms of an unfamiliar currency, 
would they seek for some knowledge of the reason why this bill 
was denominated an Angel. Perhaps the answer furnished by such 
an examination will not even then be entirely satisfactorj\ 

The Angel is ordinarily defined in our encyclopedic dictionaries 
as a gold coin, first introduced in 1465, in the days of Edward IV.,, 

1 The Rev. Joseph SewaU (H. C. 1707). 
• The Rev. Thomas Prince (H. C. 1707). 
» The Rev. John Webb (H. C. 1708). 
23 



854 THE COLONIAL 800IBTY OF MASSACHUSBTTS. [March, 

and having then a value of six shillings and eight pence. The last 
coinage of this piece was in the reign of Charles I., the date gen- 
erally assigned being 1634, and the value of the coin then being 
ten shillings. 

Leake, in his Nummi Britannici Historia,^ gives an earlier date 
for the appearance of this coin in England. Referring to what 
he terms the ** Indenture the First of his Reign," — meaning not 
merely the first indenture but the indenture in the first year of the 
reign of Henry VI., that is, 1422, — Leake says : ** And instead of 
Nobles and Half -Nobles were coin'd by the same Indenture, Angels, 
or Half- Angels, Sixty seven one half to the Pound, going for six 
Shillings and eight Pence, or a proportionable Number of Angelets, 
going for three Shillings and four Pence." Under fklward IV. the 
Angel continued to be coined and was still rated at six shillings 
and eight pence. Under Henry VIII. the indentures of 1509, 1532, 
and 1534, rated the Angel at seven shillings and six pence, while 
that of 1543 put them at eight shillings. In the year 1553, in the 
days of Edward VI., the nominal value of the coin was raised to 
ten shillings. They were coined under Mary, Elizabeth, James I., 
and Charles I. Various dates are assigned to the last coinage of 
the Angel in the days of Charles. The only indenture of that reign 
mentioned by Leake is that of 1627. 

I have intimated that the examination of the history of the coin- 
age might fail to furnish a satisfactory explanation for the adoption 
of this title for a ten shilling bill in Massachusetts in 1714. It was 
nearly one hundred years since one of these coins had been issued 
from the mint, and the name must have been a mere memoiy in the 
minds of learned men with antiquarian tastes. A glance at the 
photograph of the bill will show that no provision was made by 
the engraver for the insertion of the title. To find a place for it he 
had to erase a portion of the border which was intended to enclose 
without a break the legend of the bill. Evidently the gratification 
of this whim — if whim on the part of an antiquary the insertion of 
this title was — was indulged at the expense of the feelings of the 
engraver. Just before this plate was engraved it was found that 

^ Nwnmi Britannici Historia: or an Historical Accoont of English Money, 
from the Conquest to the uniting of the two kingdoms by King Jame9 I. and of 
Oreat'Britain to the Present Time. London, M.DC.XXVI. The date un- 
doubtedly should be 1726. 



1904.] SAMITBL SBWALL AND "ANGELS.** 355 

the ten shilliDg bill had been extensively counterfeited, and all bills 
of that denomination were called in. Strange views then prevailed 
as to what, constituted security against counterfeiters. At first 
blush it would not seem that the insertion of the words "An 
Angel " could be of value in this direction, but it will not do posi- 
tively to assume that this was not so in 1714. 

The " Angel " seems to have been considered by Judge Sewall 
the right thing for a tip. Turning to his Diary we find eleven refer- 
ences under the word " Angel *' in the Index. December twenty- 
third, 1713, he says : ^^ Midweek I went to Cambridge in a Calash, 
visited Mr. Brattle, who has been very sick. Grave him an Angel 
to buy him and Madam Brattle a pair of Gloves. I din'd there in 
his study." ^ December first, 1714, he records that he sent " Drs. 
Mather each of them an Angel." ^ November sixteenth, 1715, he 
repeated his gift to the Doctors, and was able to enter in the Diary 
that "they Accept very Courteously."* At a later date, October 
twenty-eighth, 1719, he refers to this as an established custom: " I 
sent to each of the Doctors [Mather] an Angel as I us'd to do." * 
On one occasion he describes his gift as an " Angel Bill of Credit"* 

In 1713 Samuel Sewall was on the Committee to sign bills of 
public credit.^ On the tenth of November this Committee was 
instructed to prepare " two new Plates, & four Bills to be engraven 
on each of them, of such Sums, as they with the Treasurer shall 
think to be most convenient." ^ These plates, one of which con- 
tained the ten shilling bill, were spoken of in June, 1714, as 
"already prepared,"® and although the Angel presented to Mr. 
and Mrs. Brattle, 13 December, 1713, is not specifically described 
in the Diary as a bill of public credit, doubtless it was a freshly 
printed bill, one of the earliest emissions from the newly prepared 
plate. It is certain that the ten shilling bill of the 1702 plates 
did not contain the words ** An Angel." • We have no specimen of 
the ten shilling Old Colony bill, but the probability is that there 
were no special means employed to distinguish the several denomi- 

1 Diary, ii. 418. « Ibid, iii. 28. • Ibid, iii. 66. 

* Ibid, iii. 233. * Ibid. iii. 129. 

* Massachosetts Pronnoe Laws, i. 740. 

» Ibid. I. 902. • Ibid. i. 740. 

* See the lower left hand corner of Plate 3, facing p. 32, vol. i.. Currency and 
Banking in the Province of the Massachusetts Ba^- 



356 THE COLONIAL SOCIETY OF MASSACHUSETTS. [March, 

nations of that emission other than the numerals and the language 
used in the face of the bill. 

It is plain that the title of the bill greatly pleased Ju^lge Sewall, 
and if the presence of the words " An Angel " on the plate could 
by any chance be traced to his intervention, one could easily 
imagine the satisfaction with which he signed the "Angek," 
which in the engraved series were to be found on *^the pound 
plate," in red or black, according to the rule laid down in his 
Mnemonic hexameter, the meaning of which was so long a puz- 
zle to those who sought to interpret it.^ 

^ The potent aid of our President in the solntion of this riddle is acknowl- 
edged in *' Occult Methods of Protecting the Currency; Sewall's Mnemonic 
Lines and their Interpretation " — a paper read at the meeting of the Massa- 
chusetts Historical Society, December, 1899 (2 Proceedings, xiii. 815-327). 



19Q4.] TBIBUTE TO JOHN ANDEEW PETERS. 857 



APRIL MEETING, 1904. 

A Stated Meeting of the Society was held at No. 25 
-^^ Beacon Street, Boston, on Thursday, 28 April, 1904, 
at three o*clock in the afternoon, the President, George 
Lyman Kittredge, LL.D., in the chair. 

The Records of the last Stated Meeting were read and 
approved. 

The President appointed the following Committees in 
anticipation of the Annual Meeting : 

To nominate candidates for the several offices, — Mr. S. 
LoTHROP Thorndike, the Rev. James Hardy Ropes, and 
Mr. Henry E. Woods. 

To examine the Treasurer's Accounts, — Messrs. Francis 
Blake and John Noble, Jr. 

The President announced the death on the second of 
April of the Hon. John Andrew Peters, formerly Chief- 
Justice of Maine, a Corresponding Member ; and expressed 
his regret that the Hon. James Phinney Baxter, who had 
hoped to be present and to pay a tribute to the memory of 
Mr. Peters, was detained in Portland by his official duties as 
Mayor. He then spoke briefly of the academic, legal, and 
judicial career of the Chief-Justice, dwelling particularly on 
the high reputation of his published opinions and on the 
national importance of the cases which came before him, 
involving as they often did far-reaching principles of rights 
in water-ways and of the law of lumber operators. 

Mr. Frederick J. Turner of Madison, Wisconsin, a Cor- 
responding Member, was present, and made a communicar 
tion presenting impublished documents from the English 



358 THE COLONIAL SOOrBTY OP MASSACHUSETTS. [April, 

Public Record Office, the Archives of the Department of 
State at Washington, and the Archives du Minist^re des 
Affaires Etrangferes at Paris, elucidating Blount's Conspir- 
acy, 1795-1797.^ 

The Rev. Henry A. Parker made the following communi- 
cation on — 

THE REVEREND GEORGE BURDETT- 

The Rev. George Burdett who came to Salem in 1635, after some 
unpleasant experience of the Court of High Commission, is on 
several accounts an interesting person. Quint, quoting Belknap's 
Manuscript Church History, says: 

This Burdet from a pretended quarrel with the Bishops and ceremo- 
nies of the Church of England, had about the year 1634, left Yarmouth 
in England, and coming over to Salem, was received as a member of the 
church there, (was admitted freeman there 2 September 1635), and em- 
ployed to preach among them for a year or more, being an able scholar 
and of plausible parts and carriage. . . . While he continued here he 
corresponded with Archbishop Laud, and a copy of a letter to the 
Archbishop, wrote by Burdet, was found in his study. ^ 

It was not altogether unnatural for Belknap to suppose that 
Burdett*8 quarrel was a pretended one, but as a matter of fact it 
is perfectly clear that there was no pretence about it, nor was it 
by any means a matter of ceremonies only for which Burdett was 
in trouble in England. 

It so happens that we can follow almost the entire course of 
Burdett's case before the High Commission: for it begins 18 

1 The doonments are printed in the American Historical Review for April, 
1905, X. 574-606. See articles by Professor Turner on The Diplomatic Contest 
for the Mississippi Valley, in the Atlantic Monthly for May and Jane, 1904, 
xciii. 676-691, 807-817, and on The Policy of France towards the Mississippi 
Valley in the Period of Washington and Adams, in the American Historical 
Review for January, 1905, x. 249-279. 

A. H. Quint, Historical Memoranda, i. 25. Palfrey says, " Whether be was 
then [at Salem] playing a part, or whether he afterwards changed his mind, is 
not altogether certain; but he turned out at last to be a^ spy of Laud "(His- 
tory of New England, i. 517). 



1904.] THS BBVEBEND GE0B6E BUBDETT. 859 

February, 1633-84, and ends 5 May, 1686, thus falling within 
the limits of the first two of those volumes of the Acts of the 
Court of High Commission which are still extant. From the end 
of the second of these volumes, 19 May, 1636, the Acts are lost, 
excepting the volume of entries beginning 11 November, 1639, and 
ending 7 December, 1640. Indeed all the records of the High 
Commission remaining to us, put together, cover but a little over 
three years and three months. I have thought, therefore, that an 
arrangement of the entries of the Court concerning Burdett's case 
with some other papers concerning him might interest the Society. 

Burdett was a University man, being Master of Arts, though 
of which University I do not know.^ He had been a clergyman 
for some years, for "he had from 1626 to February 1633-4 ex- 
ercised preaching in Brightwell, Saffron-Walden, and Havering, 
and for twelve years [months] had been public lecturer of Great 
Yarmouth." 2 

Henry Swinden, in his work on Great Yarmouth, gives an inter- 
esting account of the post-reformation history of the parish. It is 
sufficient for our purpose to note that for some years before Mr. 
Burdett's appointment as lecturer, there had been much and varied 
contention in the parish.^ Mr. Burdett's name was not one of the 
two at first proposed by the town authorities to the choice of the 
Council, but was added to those of the original nominees, Mr. Vin- 
cent and Mr. Norton, or substituted for one or other of them, with 
the result that he was chosen by the Council 29 September, 1632> 

The following notices of Burdett are from the Calendars of State 
Papers unless otherwise stated. 

1632, October 29. The Bailiffs and others of Great Yarmouth to 
George Burdett A.M. Grant of annuity of 100 L per annum 
to the same Geoi^e Burdett, elected Lecturer of Yarmouth, so 
long as he shall continue resident amongst them, and shall duly 

^ He was not an Oxford man, nor was he of Gonville and Cains, Cambridge ; 
neither do I find his name in the printed lists of Cambridge, Dublin, or the Scotch 
Universities. 

^ See the entry under date of 5 February, 1634-35, p. 367, below. 

* History and Antiquities of Great Tarmonth (1772), p. 838 et seq, 

^ Ibid. p. 851. Doubtless Mr. Vincent was the Rev. Philip Vincent, who was 
here at the time of the Pequot War, and Mr. Norton, the Rev. John Norton 
who came in 1634, 



860 THE COLONIAL SOCIETY OF MASSACHUSETTS. [APRII* 

preach the word of God as their lecturers in former times have 
been accustomed to do.^ 
1682-38, January 1. Ludham. Bishop Corbet, of Norwich, to the 
Council. Received their letter of the 18th December, from the 
hands of the Bailiffs of Yarmouth, on the 22nd of that month, 
and admitted George Burdett, whom the Council had appointed 
lecturer, in that place. Hopes he will conduct himself to the 
advantage of the church. The inhabitants are anxious that he 
should not want a living, the writer that he should not scatter 
poison. Christ sent forth shepherds, the people hanker after 
hirelings, so that the keepers as well as the flock are to be 
looked after.* 

The Bishop was clearly not enthusiastic about Burdett, though 
whether he had any special reason for his evident reserve does not 
appear. It was on the same date (1 January, 1632-33) that " the 
articles indented of an agreement between the bailiffs, &c. of 
Great Yarmouth and Mr. Burdett " were " made and concluded " 
with the consent of all parties concerned. The agreement is in 
part as follows : 

Item, It is agreed that the said Mr. Burdett shall weekly preach one 
sermon every Sunday, and one sermon every Wednesday (being a market 
day, and the usual day for the lecture) at such hours as the lecturers in 
the said town have formerly used to do. 

Item, It is agreed that he shall preach one sermon on every corona- 
tion day for the king's majesty, and upon every great festival day, i e. 
upon the feast of St. Michaelmas the Archangel, the feast of all Saints, 
the fifth of November, Christmas Day, Twelfth Day, candlemas Day, 
Ascension Day, and on the twenty-ninth of August, being the day of 
election of bailiffs and other officers in the said town, and also upon the 
session days. 

Item, It is agreed that he shaU be helpful to the curate in the sidd 
town in the administration of the sacrament of the Lord's supper, when 
he is thereunto required.* 

Trouble between Mr. Burdett and the curate must have broken 
out at once, for in the Calendar of State Papers we find the 
following : 

1 Calendar of State Papers, Domestic Series, 1631-1633, p. 432. 

« Ibid. p. 607. 

* Swinden, History and Antiquities of Great Yarmouth, p. 853. 



1904.] THE BBVEREND GEOEOE BUEDETT. 361 

1632-38, March 19. Ludbam. Minute of proceediogs at a meeting 
before Bisbop Corbet, of Norwich, for the decision of certain 
differences between Matthew Brookes, minister of Great Yar- 
mouth, and George Burdett, lecturer there, both those persons 
then appearing, together with Thomas Johnson and Mead- 
ows, burgesses of Yarmouth. The Bishop ordered that the min- 
ister and lecturer should each of them read prayers before his 
sermon; that all fees should go to the minister; that the lecturer 
should preach on all the " scarlet days,^ as they name them," 
and the minister should preach ^* the blessing to their fishing 
yearly, which they call the fishing sermon." On Wednesday the 
lecturer was to begin his sermon at ten o'clock in the morning, 
but if there happened on that day a christening sermon, mar- 
riage sermon, or funeral sermon, or sermon at the churching of 
any woman, then the lecturer was to begin his sermon at eight 

^ In reply to a request for information, Mr. Albert Matthews writes me as 
follows : 

The term "scarlet days" is apparently not recognized in the dictionaries. At first 
I thought that a *' scarlet day" might be what later was known as a " red-letter day/' 
— "a saint's day or church festival indicated in the calendar by red letters " (Oxford 
Dictionary). This interpretation was strengthened on finding that Palmer, the histo- 
rian of Yarmouth, apparently took a similar view. In 1874 he wrote : 

When the Presbyterians had fally established their power they proceeded to abolish the 
festival of Christmas, which hod been a ** red-letter day " at Yarmouth, the corporation 
always going in state to church (Perlustration of Great Yarmouth, ii. 291). 

There are, however, two difficulties in this interpretation. First, no earlier instance 
of "red-letter day'* is recorded in the Oxford Dictionary than 1776. Secondly, any 
saint's day or church festival was a red-letter day, while the agreement quoted in the 
text seems to indicate that only the days there specified were "scarlet days," — and 
among these were at least two secular days. Further investigation conclusively shows 
that the above interpretation is incorrect. In 1541 it was ordered that " the bailiffs and- 
all such that had been bailiffs, should wear and use, as well on every feast of St. Michael 
as all other principal festivals, gowns of Scarlett, furred with typpetts." In 1545 the 
bailiffs were to wear — 

as well on every fest of Seynt Michall th*archangel as on all other principall and festyvall 
daiefl, gownes of skarlett furryd with foyner typpetts, and dubletts of velvet, after th' 
auncyent honorable custome of the towne aforesaidi without tyme of memory used. 

Fines were inflicted on those who disobeyed this order. In 1612 it was voted that— 

such aldermen as had been bailifb, should wear scarlet gowns with tippetts ; and such as had 
not, without tippetts ; under pain of 40 *, 

It thns appears that " scarlet days " was a local term peculiar to Yarmouth and meant 
those days on which the aldermen or bailiffs or mayor of Yarmouth attended church 
in their scarlet gowns. See H. Manship, History of Great Yarmouth, edited by C. J. 
Palmer (1854), pp. 864, 365; C J. Palmer, History of Great Yarmouth (18.56), pp. 59, 
65, 164, 169. 



862 THE COLONIAL 80CIBTT OF MASSACHUSETTS. [April, 

o'clock in fhe momiDg. {This paper is a copy of the original 
sent by Bishop Corbet to Bishop Laud, and he has added in a 
note that two other things were left to his consideration. The 
minister vfished that Mr. Burdett should assist him in the com- 
mtmions '* which are great and often ; " the lecturer thcU he might 
have power to appoint a subMtute during his forty days' ab- 
sence allowed him in the year. Bishop Corbet states his own 
opinion and asks Bishop Laud^s counsd on these points.] ^ 

The account of this, given in Swinden's History, is moie full 
in some respects. It there appears that the burgesses, Johnson and 
Meadove, ** brought letters from Mr. Bailiffs, which signified their 
desires and consent, that all differences might be presently de- 
cided, and ordered by the bishop, which depended between their 
minister and lecturer, of which letters there are copies in the 
bishop's register." And the *' conclusions " are said to have been 
agreed to by all the parties. The minister and lecturer were each 
to *^read divine prayers before their own sermons;'' the point 
evidently being, not that the prayers were to be read, not omitted, 
but that each should read at the same services at which he preached. 
The minister (as distinguished from the lecturer) — 

shall have all fees belonging to christenings, marriages, funerals, the 
churching of women, and all other duties whatsoever properly belonging 
to his curateship. 

Mr. Brookes, the curate, held his office by appointment of the 
Dean and Chapter of Norwich, who had successfully maintained 
their right of appointment as against the custom, which had lately 
grown up, of appointment by the town, and had put out Mr. 
Brookes's town-appointed predecessor, Mr. John Brinsleye, M.A. 
Under the circumstances, there was evidently likely to be friction 
between the town-chosen lecturer and the curate; and evidently 
they got in each other's way, in their use of the church. The 
provisions for keeping them apart are more elaborate than one 
would suspect from the account in the Calendars, and were in part 
as follows : 

Item, It is ordered that the lecturer shall preach all the scarlet days 
(as they call them) and that the minister shall preach the blessing to 
their fishing yearly, which they call their fishing sermon. 

1 Calendar of State Papers, Domestic Series, 1631-1633, pp. 677, 578. 



1904.] THE BBVEREin) OBOBGB BUBDETT. 863 

Item, That the lecturer upon Wednesday, being bis day to preach, 
b^n his sermon about ten of the clock in the forenoon, except occa- 
sion fall out, either by reason of a christening sermon, marriage sermon, 
funeral sermon, or at the churching of any woman at that time ; then 
it is ordered, that the minister shall have his pulpit free at ten of the 
clock, giving notice the day before to the lecturer, and the lecturer to 
b^n his sermon at eight of the clock in the morning, on the same day. 

Item, It is ordered that if there shall happen any such occasion, as 
is before named, for the minister to preach on Sunday in the afternoon, 
it being the lecturer's time to preach, then the minister shall give warn- 
ing to the lecturer on the day before, and the lecturer shall supply the 
forenoon's course. 

Item, It is ordered that upon Sunday in the afternoon, the minister 
begin catechising at two of the clock, and s6 continue half an hour, then 
prayers to begin and read by the lecturer, then christenings to be per- 
formed by the minister, and then sermon to b^n presently after. 

Swinden continues : 

In July following, Mr. Burdett was cited by Mr. Brookes to appear 
before the chancellor of Norwich, for not bowing at the name of Jesus, 
as he ought to have done ; where he made his appearance, attended by 
several gentlemen of Yarmouth, that offered to be sworn .that he did 
actually bow at the name of Jesus; and he himself answering the chan- 
cellor's demand, sayd that in that point he had, did, and would observe 
the canon. Notwithstanding Mr Brookes's letter, and his own affirma- 
tion, coiToborated by some of his friends testimony, had sufficient weight 
with the chancellor, to order Mr Burdett to be suspended. However, 
upon the bailiffs interceding with the bishop in August following, the 
suspension was taken off, and Mr Burdett made his reconciliation with 
the chancellor.^ 

Matters, however, went from bad to worse between the parish 
clergy at Yarmouth and the lecturer, for Matthew Brookes the 
curate gave information against Burdett before the Court of High 
Commission, which we find thus referred to on the first day of 
the now extant Acts: 

1633-34, February 18. George Burdett, clerk. Schism, blasphemy, 
and raising new doctrines in his sermons as lecturer of Great 
Yarmouth.^ 

^ Swinden, History and Antiquities of Great Yarmouth, pp. 858, 854. 
^ Calendar of State Papers, Domestic Series, 1633-1634, p. 481. 



364 THE COLONIAL SOCIETY OF MASSACHUSETTS. [April, 

This I take it is the return made to the Court by its counsel, of 
charges brought for which he considered that there was sufficient 
reason to proceed in the case. The preliminary proceedings 
in this case were doubtless the same as those we can follow in the 
case of Brookes, against whom Burdett promptly brought a counter 
accusation, as we shall see. 

1684, April 24. George Burdett, clerk, of Yarmouth, Norfolk. Depo- 
sitioDB of witnesses to be published.^ 

1684, May 8. Time given to propoand his defence.^ 

1684, June 12. His defence referred to Sir John Lambe and Dr. 
Gwynn. . . . Defendant's defence admitted and time given 
for proof of the same. Motion for delivery to him of his first 
bond for appearance, he having given a second bond under an 
order of the court. This motion being objected to, in regard 
that he stood charged with blasphemy, schism, and other crimes 
of a foul nature^ it was referred to Sir Henry Marten and Sir 
John Lambe.* 

The same day we find the entry of the beginning of Burdett's 
counter suit The information laid against a man having been 
" reduced to writing," " some counsel employed by * the Office ' 
prepared articles of accusation, and the defendant was summoned 
by letters missive to appear" before the Court. If he did not 
come, "he was attached and brought up in custody.* On his 
appearance he was called into court and directed to take an oath to 
answer articles of accusation. He was not informed of their 
nature, nor, save in a very general manner, to what subjects they 
related. He was not told by whom they were exhibited.^ . . . He 
was simply called upon to swear that he would make full, true., and 
perfect answers to whatever articles were lodged in the court 
against him, so far as he knew, or believed, or was bound by law. 
If he refused to take the required oath he was committed for 
contempt of court. If he took the oath he was admonished by the 

1 Calendar of State Papers, Domestic Series, 1633-1634, p. 582. 
« Ibid. 1684-1685, p. 50. 
• Ibid, pp. 113, 115. 

^ It is to be noticed that, as in the case of Mr. Cheshire mentioned beLon^ 
personal appearance might be waived by the Court for good cause. 
^ In the present case at least there was no secrecy, as appears below. 



19Q4.] THE BBVEBEND GEORGE BURDBTT. 865 

commissioners to be examined within a prescribed time, and called 
upon to give bond not to depart without leave." ^ 

1634, Jane 12. Matthew Brooks and Thomas Cheshire, clerks, of 
Yarmouth, Norfolk. Brooks appeared and took oath to an- 
swer articles. Cheshire alleged that he could not appear in 
person in Mr. Brooks's absence, having to officiate the cure of 
Tarmoutb, that being a populous and great parish, and there- 
fore prayed a commission which was granted. It was further 
alleged that Mr. Burdett being questioned in this court at the 
suit of Mr. Brooks, he had maliciously preferred these articles 
against the defendants, the consideration whereof was referred 
to Sir Henry Marten and Sir John Lambe.^ 

1634, June 19. Matthew Brooks and Thomas Cheshire. Cause to be 

proceeded in ; Cheshire's answers to be returned by 1st August. 

George Burdett, clerk. Being no beneficed man, defendant is 

to give a new bond to appear on warning ; commissions ordered 

for examination of witnesses.' 

1634, June 26. Geoige Burdett, clerk, of Yarmouth. Many schismatical 
people in Yarmouth being likely to be produced as witnesses for 
Mr. Burdett, a sworn clerk of the office of the Registrar of this 
court may be appointed to examine such witnesses. 

Matthew Brooks, clerk, and Thomas Cheshire, clerk, of Yar- 
mouth. Similar order to the preceding as to examinations. 
Brooks to have copies of his articles and answers, and to be 
licensed to depart on bond.^ 

1634, October 9. George Burdett. Motion to be made by Dr. Rives 
next court day.* 

1634, October 16. Matthew Brooks and Thomas Cheshire, clerks, of 
Great Yarmouth. Mr. Guy was ordered to be suspended, but 
afterwards his suspension was forborne by order of the Arch- 
bishop till he had further examined the matter.^ 

1634, October 16. Geoige Burdett, clerk, of Great Yarmouth. Wit- 
nesses sworn, and in order that Mr. Brooks the prosecutor 
might not unnecessarily be kept from his cure, counsel were ad- 

^ See John Brace's account of Procedure in Preface to Calendar of State 
Papers, Domestic Series, 1635-1636, pp. xxix-zxxi. 

* Calendar of State Papers, Domestic Series, 1634-1635, p. 116. 

• Ibid. p. 119. * Ibid. p. 125. 
» Ibid. p. 261. • Ibid. p. 267. 



866 THE COLONIAL SOCIETY OF MASSACHUSETTS. [April, 

moQiflhed to use expedition that the cause might be heard this 
term.* 

1634, October 23. Geoi^e Barret [Burdett], clerk. Witnesses pro- 
duced not only in this cause^ but in that against Brooke.^ 

1634, October 23. Matthew Brooks and Thomas Cheshire, clerks, of 
Yarmouth, Norfolk. Cause continued.' 

1634, October 23. George Burdett, clerk, of Yarmouth, Norfolk. 
Names of witnesses sworn ; Burdett to examine what witnesses 
he would betwixt this and the next court day, and then publi- 
cation to be had ; counsel on both sides to prepare their briefs 
ready so that the cause may be heard the last court day save one.^ 

1634, October 30. Geoi^e Burdett, clerk, of Yarmouth. The Bishop 
of Norwich made report that he had released Mr. Burdett of 
the suspension inflicted on him by his chancellor. Dr. Corbett, 
if no new cause of scandal appears, whereupon the cause to be 
prepared for sentence.* 

1634, October 30. Matthew Brooks and Thomas Cheshire, clerks, of 
Yarmouth, Norfolk, To prepare their defence within a fort- 
night, and leave it in the registrar's office.* 

1634, November 6. Matthew Brooks and Thomas Cheshire, clerks, of 
Yarmouth. Motion made that certain charges in the articles 
related to matters which were formerly objected against Mr. 
Brooks at the Council table, and were then heard by his Majesty 
in person, and ordered and determined, whereupon it was moved 
that they should be expunged : but it being stated that the de- 
fendants and also witnesses had been already examined thereon, 
the court determined to let the cause be taken as it now stands, 
with reservation of power to consider the same at the hearing of 
the cause.^ 

1634, November 6. Matthew Brooks and Thomas Cheshire, clerks. 
Motion for purging the articles rejected.' 

1634. November 13. George Burdett, clerk. Monday next appointed 
for cause to be informed in and finally sentenced.* 

1634, November 20. George Burdett, clerk. Put off till next term 
and then to be finally sentenced.^* 

1 Calendar of State Papers, Domestic Series, 1634-1635, p. 267. 
a Ibid. p. 271. • Ibid. p. 271. 

• Ibid. p. 273. * Ibid. p. 275. 

• Ibid. p. 276. » Ibid. p. 315. 

• Ibid. p. 318. • Ibid. p. 324. 
" Ibid. p. 328. 



1904.] THE BEVBEBND GEORGE BURDETT. 867 

1684, November 20. Matthew Brookes and Thomas Cheshire, clerks. 
To-be heard next court day after Bordett's cause.^ 

1684, November 27. Matthew Brookes and Thomas Cheshire, clerks, 
of Yarmouth. Upon petition of Brookes that his cause against 
Mr. Burdett was began two terms before Burdett began his suit 
against him, it was ordered that the former cause should be 
heard the first court day of next term.^ 

1684-85, January 29. George Burdett, clerk. Defendant monished to 
appear next court day to hear judgment.* 

1684-85, January 29. Matthew Brookes and Thomas Cheshire. Mat- 
thew Webb and John Rose sworn as witnesses upon the matter 
of defence, and Mr. Burdett sworn and admonished to answer 
on the matter produced by Brookes and Cheshire.^ 

1684-85, January 29. Matthew Brookes and Thomas Cheshire, clerks. 
Motion that this cause might be heard together with the cause 
against the promoter the next court day, to which counsel for 
the defence answered that the commission was not yet sent up, 
but stood to be transmitted at the next session. Witnesses pro- 
duced on part of defendants, and Mr. Burdett, the promoter, 
were sworn and monished to be examined before the next court 
day." 

1634-85, February 8. George Burdett, clerk. Cause came on for sen- 
tence ; brief of the proofs read.* 

1634-35, February 5. Matthew Brookes and Thomas Cheshire, clerks. 
Depositions ordered to be published saving the answers of the 
promoter, and the cause to go to report.^ 

1684-85, February 5. George Burdett, of Yarmouth, clerk. Defendant 
stood charged, that being a priest in holy orders he had from 
1626 to February 1688-4 exercised preaching in Brightwell, 
Saffron- Walden, and Havering, and for twelve years ^ hath 
been public lecturer of great Yarmouth. In preaching at 
Yarmouth from the text Rom. iii. 25., he taught that our re- 
demption by Christ was by ordination, — First, in respect of 
Christ himself, who was to be redeemed, for otherwise there 
could have been no redemptive faculty at all in his bloodshed, 
and that all that he did in that kind had but satisfied for him- 

^ Calendar of State Papers, Domestic Series, 1034-1635, p. 328. 
« im. p. 338. « Ibid, p. 490. 

* Ibid. p. 495. » Ibid. p. 496. 

• Ibid. p. 532. ' Ibid. p. 535. 
' Presumably an error for " months." 



368 THE COLONIAL SOCIETY OF MASSACHXTSETTS. [April, 

self as a creature; secondly, in respect of man, who was to be 
redeemed, thereby, as he said, to confine the merits of Christ's 
Bufferings to a certain number, all others to be utterly excluded. 
And thereupon he said, we should be careful not to stretch the 
merits of Christ beyond their line. On the Sunday next arter 
Easter 1633, preaching in opposition to what was preached in 
the forenoon by Mr. Cheshire, defendant said, ''They think ail 
well if they can but extend the merits of Christ large enough," 
and then he went on in words here quoted, to limit the merits 
of Christ's death to the elect On the 19th May, 1633, defend- 
ant was present at a sermon of Mr. Cheshire, in which he had 
spoken of the duty of ministers not to be dumb dogs, but to 
bark and bite too when there was an intrusion of heretical or 
schismatical doctrine; thereupon defendant, in the afternoon, 
remarked on the dogs and curs which would be snarling at the 
saints, compared them to Cerberus, and said of himself that 
he would, like the dog at Nilus, lap and away, lest the croco- 
dile should catch him. Further that on 1st May 1633, he 
preached that '' those that are the most forward to bow at the 
name of Jesus are the greatest hypocrites," and '' that in tliese 
days, those that are most ready in their outward performances, 
are most negligent in weightier matters for their souls' health." 
On another occasion he said ''that the ministers of God ought 
to be called or chosen by the people." He had also preached 
"that he would not have God's people come and assemble them- 
selves at the Holy Communion with the rout and rabble of all 
sorts, for," he said, "do you not see what an unhallowed rout 
of whoremongers and drunkards daily press upon their own 
damnations in presenting themselves to receive the Communion." 
And this was spoken in opposition to Mr. Brookes, the minis- 
ter, who had admonished the people oftener to come to the 
Holy Communion, in that there were 1,200 communicants who 
had not received at Easter 1633. Defendant had been ad- 
monished by his ordinary to conform himself to the rites and 
ceremonies of the Church of England, and in particular to bow 
his knee at the name of Jesus ; and after such admonition in 
his prayer before a sermon he prayed thus: "Lord God, thou 
art a spirit, and wilt be worshipped with spiritual worship; 
thou regardest not the bending of the knee, nor the bowing 
of the body, nor any other hypocritical service." He also 
preached that people might go away from their own parish 



1904.] THE EBVEREND GBOEGE BUBDETT. 869 

church two or three miles to hear sermons, and that confes- 
sion of sins according to the liturgy of the Church of England 
was no confession, but added that he would make no applica- 
tion, because there were catchers in the church. That on Ash 
Wednesday 1632 he refused to read the commination, and on 
other occasions omitted the Ten Commandments, and that he 
bad said that the name of Jesus was to be reverenced, but not 
in a superstitious manner, as the pulling off of hats, &c. He 
had also (amongst other things) preached that there could be 
no resemblance or delineation of any of the persons of the Holy 
Trinity, and that there was none in the world that could con- 
vince him that thi^ or that picture may more resemble Jesus 
than Judas, or that that image or picture rather resembled the 
Virgin Mary than the Pythoness in the Acts, oY the Witch of 
Endor; and that he preached that a certain boy having seen the 
picture of God the Father, as the Papists used to paint him, 
and being demanded what God was, he answered, ^< An old 
fool in heaven, with a white beard." Being convented before 
his ordinary, Dr. Corbet, and being demanded what he could 
say for himself that he should not be suspended, he replied to 
his ordinary, that he was an incompetent Judge of him, and 
that he did refuse him for his Judge, and thereupon endeavoured 
to go out of court, but was monished to stay, and was sus- 
pended by his ordinary. Of all which he was pronounced guilty, 
and the court finding that he was merely a lecturer, and lived at 
Yarmouth upon the benevolence of the people, suspended him 
from the execution of his ministerial function, and ordered him 
to be removed from his preachership at Yarmouth. He was 
also ordered to make a public submission in this court, conceptis 
verbis^ of his scandalous, blasphemous, erroneous, heretical, 
and schismatical opinions, at such time as three of the com- 
missioners should appoint, which submission is afterwards to 
be intimated and published in Yarmouth church, and lastly he 
was condemned in good costs of suit, which are to be taxed 
next court day.^ 
1634-35, February 12. Matthew Brookes and Thomas Cheshire, clerks, 
of Yarmouth. Ordered that after Mr. Burdett has performed 
the order in his cause, then their cause be committed to report.* 

1634-85, February 12. George Burdett of Yarmouth, Norfolk, clerk. 

— ^ » 

1 Calendar of State Papers, Domestic Series, 1634-1635, pp. 537-539. 
» Ibid. p. 543. 

24 



870 THE OOLONIAL SOCIETY OF MASSACHUSETTS. [April, 

On motion that defendant might be attached till he had pe> 
formed the order of the court, it was alleged on the contrary 
side, that then he could not prosecute the cause against Brookes 
and Cheshire, whereupon it was ordered that the cause against 
Brookes and Cheshire should be proceeded in no further until 
Burdett had performed the [order of the] court and paid the 
costs. ^ 

1634-35, February 20. Brooke House. Minutes of a Court for Provi- 
dence Island. Proposals to Mr. Burdett respecting his enter- 
tainment as minister at Providence. He is authorized to make 
overtures to some godly persons now intending to return to 
New England, who he hopes may be persuaded to accompany 
him.* 

1634-35, March 5. Brooke House. Minutes of a court of Providence 
Island. Answer received from Mr. Burdett that he could not 
promise to go this voyage to Providence.* 

1635, April 16. George Burdett, clerk. Ordered that if the expense 
of this suit be unpaid, and Burdett cannot be found with the 
attachment, then Mr. Quested, his surety, be called to bring in 
the body of Burdett, or to show cause why his bond should not 
be certified.^ 

1635, April 1 6 . George Burdett, clerk, of Yarmouth, Norfolk. Ordered 
that if 40 l.f a moiety of the costs taxed in this cause, be not 
paid before next court day, an attachment issue to take Mr. 
Burdett, if be be to be found in England, else that Mr. Quested, 
fishmonger, his surety, be called upon to bring Burdett forth or 
to show cause why his own bond should not be certified into the 
Exchequer.* 

1635, April 23. George Burdett, clerk. If Mr. Quested, defendant's 
surety, come not next court day, his [bond] is to be certified.* 

1635, April 30. George Burdett, clerk. Dr. Rives moved that the 
bond of Quested, defendant's surety, might be certified into the 

1 Calendar of State Papers, Domestic Series, 1634-1635, p. 547. 

* Calendar of State Papers, Colonial Series, 1574-1660, p. 197. 

* Ibid. p. 199. There could not be stronger testimony to Mr. Bordett's 
standing, at the time, as a thoroagh-going Puritan, than this proposal from 
the Providence Island Company. The chief men of the company were the 
most important Puritan leaders in England. 

^ Calendar of State Papers, Domestic Series, 1635, p. 184. 
» Ibid. p. 186. 

* Ibid. p. 192. 



1904.] THE REVEREND GEORGE BURDETT. 871 

Exchequer. Dr. Zouch, coansel for Quested, alleged that all 
matters required by the bond were fulfilled, and desired that it 
might be cancelled. Reference to Sir Henry Marten and Sir 
John Larobe to consider both motions and report.^ 

1635, April 30. George Burdett, clerk. Referred to Sir Henry Marten 
and Sir John Lambe, to take order for certifying Burdett's 
bond, given with a surety for his appearance, if they shall see 
cause.* 

1635, June 5, George Burdett, clerk. Referred to Sir Henry Marten 
and Sir John Lambe to set down order in this cause.* 

1635, June 23. George Burdett, clerk. His bond of 50 I. ordered to 
be certified into the Exchequer.* 

1635, July 9. On the ninth of July we 'find Mrs. Burdett, his poor 
wife, petitioning for an annuity for the suppoi*t of herself and 
children, in regard of her being destitute and absent from her 
husband ; he being gone for New England. They [i. e. the 
town of Yarmouth] generously allowed her twenty marks per 
annum to be paid quarterly, the first payment to be made at 
Michaelmas next following.' 

1635, December. Salem, New England. Geo. Burdett to Archbishop 
Laud. His voluntary exile is exposed t^ censure, but the truth 
is, his practice was regular and therein obedience ecclesiastical 
very real. His judgment in the five articles was moderate, 
declarations correspondent, the knot of the controversy declined 
whatever malice did inform, or perjury confirm to the contrary. 
Wished to impart this to rectify his Grace's judgment of him and 
his ways, and to stop the mouth of calumny. The ground of 
his secession was impetuous and malicious prosecution, ^^im- 
portable expense," the end tranquillity in distance, which, could 
he yet enjoy in his native country, it would exceedingly rejoice 
him. Prays his Grace to accept these lines from him who de- 
sires a favourable answer. Endorsed by Laud^ '^ Rec. Feb. 22, 
1635-6." • 

^ Calendar of State Papers, Domestic Series, 1635, p. 108. 

* Ihid, p. 201. At some time in this month the town of Yarmouth was in- 
quiring for another lecturer to supply the vacancy caused by Mr. Bardett*8 
suspension (Swinden, History and Antiquities of Great Yarmouth, p. 855). 

* Calendar of State Papers, Domestic Series, 1635, p. 207. 

* Ibid. p. 231. 

» Swinden, History and Antiquities of Great Yarmouth, p. 855. 

* Calendar of State Papers, Colonial Series, 1574-1660, p. 218. There seem 



872 THE COLONIAL SOCIETY OP MASSACHUSETTS. [April, 

1636, May 5. Matthew Brookes and ThomaB Cheshire, of Yarmouth. 
It was alleged that Mr. Bardett the prosecutor of this cause 
having been censured in this court at the prosecution of Mr. 
Brookes, had gone to New England, by which means Brookes 
had lost 80 L costs taxed in this cause. It was further alleged 
that this cause had been prosecuted in revenge and that re- 
maining undismissed, defendants conceived themselves to be 
prejudiced in their reputation, the court ordered the same to 
be dismissed, and defendants to be discharged from any further 
trouble.* 

1638, November 29. Piscataqua. Geo. Burdett to Archbishop Laud. 
Has lately seen a supplication from Massachusetts Bay to 
the Loi*ds Commissioners for Plantations, which seems to 
menace revolt and the erection ot^ a new government, but the 
truth is they have long since decreed to spend their blood in 
maintaining their present way and humour, and are using all 
diligence to fortify themselves. Recommends that the river and 
harbour of Piscataqua, of which they are endeavouring to obtain 
the command, should with all expedition, be secured for the 
King*s use, and the port appointed for discharge of ships that 
bring passengers, in case any be permitted. This would much 
strengthen the loyal party, as many who go to Massachusetts 
would go there, but for difficulty of removal. Hears that the 
Massachusetts magistrates have received from England copies 
of his letters to his Grace, procured by Mr. Vane. Cannot 
believe it was with his consent' 

Palfrey gives quotations from this last letter, calendared as 
above, one quotation being : 

The day before the writing hereof, I was credibly informed that 
Massachusetts magistrates have from England received copies of my 
first two letters to your Grace, which, themselves say, Mr. Vane pro- 
cured from your Grace's chaplain. If this was without your Grace's 
consent, it will much more concern your Grace ; if with it, which I can- 
not believe, it will behoove me to consider of it.* 

to have been in all three letters from Burdett, and one from Laud, unless the 
correspondence was continued after November, 1638. 

1 Calendar of State Papers, Domestic Series, 163&>1636, p. 507. 

^ Calendar of State Papers, Colonial Series, 1574-1660, pp. 283, 284. 

> History of New England (1858), i. 519 note. 



1904.] THE WORD PARK IN THE UNITED STATES. 373 

Mr. Quint, quoting Belknap, gives some account of this 
correspondence : 

A copy of a letter to the Archbishop, wrote by Bordet, was found in 
his study and to this effect, viz. : — ' That he delayed going to England 
that he might fully inform himself of the state of the place as to alle- 
giance, for it was not new discipline that was aimed at, but Sovereignty, 
etc . . .' By the first ship that came in 1638, a letter was brought from 
the Archbishop to Burdet, ' rendering him thanks for the care of his 
Majesty's service, and assuring him that they would take a time for a 
redress of the disorders which he informed them of.' ^ 

Mr. Albert Matthews read the following paper on — 

THE WORD PARK IN THE UNITED STATES. 

We Americans so generally apply the word ** national " to that 
which pertains to the National Government in distinction from a 
State Government, that when I received from Dr. Murray a 
request for information in regard to our National Parks, I took 
it for granted that a National Park was so called because it was 
owned and had been established by the National Government. 
When, however, an investigation into the history of these Parks 
was begun, it was found that the question was by no means so 
simple a one as I had supposed. Perhaps, therefore, as the facts 
fure widely scattered, difficult of access, and have never been 
brought together, it will be worth while to set the matter forth at 
some length. 

Vague reports of the wonders of the Yellowstone had been 
current for many years before 1870, but these were genemlly 
regarded in the light of travellers' tales.^ In 1869 Captain 
William F. Rajrnolds explored the Yellowstone River, and in his 
report to the Government we get an amusing account of the 
trappers and hunters : 

Is it surprising that men leading such a life, not hearing from civiliza- 
tion oftener than once a year, and then only through the fur companies 

^ Dover Historical Memoranda, i. 25. 

* Id Major Hiram M. Chittenden's book on the Yellowstone National Park 
(1895), will be found full information on this point. See also a letter by Major 
Chittenden in the Nation, 28 May, 1896, Ixii. 415. Doubtless the first white 
man to visit the Yellowstone region was John Colter in 1807. 



874 THE COLONIAL SOCIETY OF MASSACHUSETTS. [April, 

who send to them to get their furs, and supply them with ammanition 
and Indian trinkets, but who yet retained a recollection of the outer 
world they had left, should beguile the monotony of camp life by '^ spin- 
ning yarns" in which each tried to excel all others, and which were 
repeated so often and insisted upon so strenuously that the narrators 
came to believe them most religiously. 

Some of these Munchausen tales struck me as altogether too good to 
be lost. One was to this effect : In many parts of the country petrifac- 
tions and fossils are very numerous; and, as a consequence, it was 
claimed that in some locality (I was not able to fix it definitely) a lai^e 
tract of sage is perfectly petrified, with all the leaves and branches in 
perfect condition, the general appearance of the plain being unlike that 
of the rest of the country, but all is stone^ while the rabbits, sage hens, 
and other animals usually found in such localities are stUl there, per- 
fectly petrified, and as natural as when they were living; and more 
wonderful still, these petrified bushes bear the most wonderful fruit — 
diamonds, rubies, sapphires, emeralds, &c., &c., as large as black wal- 
nuts, are found in abundance. '^ I tell you, sir," said one narrator, ^^ it 
is true, for I gathered a quart myself, and sent them down the country." 

Another story runs in this wise : A party of whites were once pursued 
by Indians so closely that they were forced to hide during the day, and 
could only travel at night. In this they were greatly aided by the bril- 
liancy of a large diamond in the face of a neighboring mountain, by the 
light of which they travelled for three consecutive nights. 

I will end these specimen tales by one from Bridger,* which partakes 
so decidedly of a scientific nature that it should not be omitted. He 
contends that near the headwaters of the Columbian river, in the fast- 
nesses of the mountains, there is a spring gushing forth from the rocks 
near the top of the mountain. The water when it issues forth is cold as 
ice, but it runs down over the smooth rock so far and so fast that it is 
hot at the bottom,^ 

That such stories should have been regarded with skepticism, is 
not surprising; yet, as the sequel proved, there was in them a 
curious mixture of fact and fiction. Our first certain knowledge of 
that region dates from the autumn of 1869, when it was visited by 
David E. Folsom, C. W. Cook, and William Peterson.^ In the 

^ For a sketch of James Bridger, who was a noted character in hb day, see 
Chittenden's Yellowstone National Park, pp. 51-67, 327-329. 

= Report on the Exploration of the Yellowstone River (1868), p. 77. 

• See The Folsom-Cook Exploration of the Upper Yellowstone in the Year 
1869, reprinted, with a Preface by Mr. Langford, at Saint Paul in 1894 from 



1904.] THE WORD PARK IN THE UNITED STATES. 375 

summer of 1870 it was again visited by a party consisting of Lieu- 
tenant Gustavus C. Doane, one sergeant, four privates, and six 
civilians of Helena, Montana, among the latter being Cornelius 
Hedges and Nathaniel P. Langford. In 1871 a scientific party, 
headed by Dr. Ferdinand V. Hayden of the United States Geolog- 
ical Survey, explored the country. It was felt that a region so 
crowded with marvels and so unsuited for settlement should be set 
apart for the benefit of the public. Exactly to whom we owe this 
idea is a matter of some uncertainty and of controversy ; but there 
can be little doubt that to Dr. Hayden more than to any other one 
man was due its accomplishment.^ The movement, apparently 

the Chicago Western Monthly for July, 1870, and again in 1904 in Contributions 
to the Historical Society of Montana, v. 349-369. I am indebted to Mr. Lang- 
ford for a copy of this pamphlet. In his Preface Mr. Langford says : 

The office of the Western Monthly, of Chicago, was destroyed by fire soon after the 
pablication of Mr. Folsom's account of his discoveries, and the only copy of that maga- 
zine which he possessed, and which he presented to the Historical Society of Montana, 
met a like fate in the great Helena fire. The copy which I possess is perhaps the only 
one to be found (p. 8). 

The Boston Public Library owns a copy of the Western Monthly. The article 
in question, entitled The Valley of the Upper Yellowstone, will be found in 
Tol. iv. pp. 60-67. In Mr. Langford's reprints, the article is attributed to 
Mr. Folsom, but the original states that it was written by Mr. Cook. From 
letters received by me from Mr. Folsom, Mr. Cook, and Mr. Langford, it would 
appear that the article, with the exception of a brief portion, was written by 
Mr. Folsom, that a copy of the article was sent by Mr. Cook to a friend in 
Chicago, that this friend turned the article over to the editor of the Western 
Monthly, and that hence its authorship was credited to Mr. Cook. See also 
Twelfth Annual Report of the United States Geological and Geographical 
Survey of the Territories : A Report of Progress of the Exploration of Wyo- 
ming and Idaho for the Year 1878 (1883), part ii. pp. 66, 67, 427. 

^ The question is discussed at length by Major Chittenden in his Yellowstone 
National Park, pp. 87-97. To the facts there given, some new ones can he- 
added. The first person to suggest the creation of a national park was unques- 
tionably George Catlin, who, in *' some contemplations on the probable extinc- 
tion of buffaloes and Indians," and alluding to the ''strip of country, which, 
extends from the province of Mexico to lake Winnepeg on the North," in 1841 
remarked : 

And what a splendid contemplation too, when one (who has travelled these realms,, 
and can duly appreciate them) imagines them as they might in future be seen, (by some 
great protecting policy of government) preserved in their pristine beauty and wildness,, 
in a magnificent park, where the world could see for ages to come, the native Indian in. 



376 THE COLONIAL BOCIBTY OF MASSACHUSBTTa [April, 

started late in 1870, was carried to completion on March first, 1872- 
There are now seven National Parks. Their names, locations, 

his classic attire, galloping his wild hone, with sinewy how, and shield and lance, amid 
the fleeting herds of elks and buffaloes. What a beautiful and thriUing specimen for 
America to preserve and hold up to the view of her refined citizens and the world, in 
future ages ! A nation*$ Park, containing man and beast, in all the wild and freshness of 
their nature's beauty 1 

I would ask no other monument to my memory, nor any other enrolment of my name 
amongst the famous dead, than the reputation of having been the founder of soch an 
institution. 

Such scenes might easily have been preserved, and still could be cherished on the 
great plains of the West, without detriment to the country or its border ; for the tracts 
of country on which the buffaloes have assembled, are uniformly sterile, and of noarail- 
able use to cultivating man. ( Letters and Notes on the Manners, Customs, and Con- 
dition of the North American Indians, 1841, i. 262.) 

When, in January, 1872, Prof. Joseph Henry wrote that Catlin made a 
proposition to the government in 1832 *^ to reserve the country around these [the 
Yellowstone] geysers as a public park*' (Annual Report of Board of Regents 
of the Smithsonian Institution for 1871, p. 28), it seems probable that he had 
in mind the above passage imperfectly remembered. At all events, Catlin had 
no precise locality in mind when he wrote that passage, and he distinctly refers 
to the plains, not to the mountains. The first specific use of the term *^ national 
park," as will presently be shown at length (p. 385, below), occurred in 1868, 
when Prof. Josiah D. Whitney applied it to the Yosemite Valley. As regards 
the Yellowstone region, the park idea was of course an outcome of the ex- 
pedition in 1870 mentioned in the text. Major Chittenden writes : 

As soon as the party reached Helena, a series of articles appeared in the daily papers 
of that city describing the late expedition, and in one of these, written by Mr. Hedges 
and published in the Helena Herald November 9, 1870, occurs what is believed to be the 
first public reference to the Park project (Yellowstone National Park, p. 91). 

It is to be regretted that Major Chittenden does not quote Mr. Hedges's exact 
words. On 19 January, 1871, Mr. Langford delivered in Washington, D. C, 
a lecture on the Yellowstone region. This lecture was reported in the Wash- 
ington Daily Morning Chronicle of 20 January, but the account there given 
(p. 4/4) contains no mention of the park idea. In the same paper of 20 Janu- 
ary, there appeared an editorial which reads in part as follows : 

A NATIONAL PARK FOR WASHINGTON. 

Baltimore, although at present pretty well provided with public parks, proposes still 
another within the city limits, which is an additional evidence of the value set upon these 
institutions by the people. Washington is sorely in ueed of a grand national park. The 
plan for such park has received the indorsement not only of General Michler, Superin- 
tendent of Public Buildings and Grounds, but of scores of other liberal-minded public 
men who take a just pride in the beantiflcation of the nation's capital. The supervising 
architect of the Treasury has also urged the erection of a national park or boulevard. 
. . . Once established in Washington, a national park, if properly conducted, would be 



1904.] THE WORD PARK IN THE UNITED STATES. 877 

and the dates of their establishment are given in the following 
table: 

Yellowstone National Park, Wyoming, 1 March, 1872 ; ^ 
Sequoia National Park, California, 25 September, 1890 ;* 
General Grant National Park, California, 25 September, 1890;* 
Yosemite National Park, California, 1 October, 1890;* 
Mount Ranier National Park, Washington, 2 March, 1899;^ 
Crater Lake National Park, Oregon, 22 May, 1902 ; « 
Wind Cave National Park, Soath Dakota, 9 January, 1903.^ 

an object of national interest. It conld easily be made a garden of acclimation, and 
might contain specimens of almost every plant and animal found on the globe. 

for each a national park Washington possesses the advantage, first, of location ; sec- 
ond, of soil ; and third, of climate. . . . Will some of onr pnbli&spirited citizens move 
in the matter? (p. 2/3). 

In the same paper of 21 January, under the heading of " A Public Park," it is 
stated that <* Mr. Morrill, of Vermont, yesterday submitted in the Senate " a 



^ United States Statutes at Large, zvii. 82. The Act reads in part as 
follows : 

An Ad to ut apart a certain Tract of Land lying near the Head-waters of the Yellow- 
stone River as a public Park, 

Be it enacted . . . That the tract of land in the Territories of Montana and Wyo- 
ming, lying near the head-waters of the Yellowstone river, ... is hereby reserved and 
withdrawn from settlement, occupancy, or sale under the laws of the United States, and 
dedicated and set apart as a public park or pleasaring-groond for the benefit and enjoy- 
ment of the people ; . . . 

Sbc. 2. That said public park shall be nnder the exclusive control of the Secretary 
of the Interior. 

It will be observed that the title National Park does not occur in the Act. 
On 10 May, 1872, B. R. Cowen, Acting Secretary of the Interior, wrote to Mr. 
Langford, who had been made Superintendent of the Park, as follows : 

Congress, by an act approved March 1, 1872, has set apart a tract of land near the 
head-waters of the Yellowstone River, in the Territories of Montana and Wyoming, as 
a public park or pleasure-ground " for the benefit and enjoyment of the people." The 
reservation so set apart is to be known as the *' Yellowstone National Park," and is 
placed under the exclusive control of the Secretary of the Interior (Report of the Supei^ 
intendent of the Yellowstone National Park for the Year 1872, p. 1 ). 

The Yellowstone National Park is chiefly in Wyoming, but partly in Mon- 
tana and Idaho. 

• United States Statutes at Large, xxvi. 478. 

• Ibid. xxvi. 478. * Ibid. xxvi. 650. » Ibid. xxx. 993. 

• Ibid. xxxi. 202. ' Ibid. xxxi. 765. 



878 THE COLONIAL SOCIETY OF MASSACHUSETTS. [April, 

All these parks are under the control of the Secretary of the 
Interior. In addition to these seven National Parks,^ there are 

resolution about a certain tract of land in Washington " to be so improved as to 
form a public park" (p. 4/2). On 21 January Mr. Langford repeated his lec- 
ture in New York. Major Chittenden asserts that '* The New York Tribune of 
January 23, 1871, thus quotes Mr. Langford: " 

This is probably the most remarkable region of natural attractions in the world ; and 
while we already have our Niagara and Yosemite, this new field of wonders shoold be at 
once withdrawn from occupancy, and set iqiart as a public National Park for the enjoy- 
ment of the American people for all time (Yellowstone National Park, p. 92). 

The New York Tribune of 23 January, under the heading of *' The Wonders 
of Montana," gives an account of the lecture (p. 5/5), but the words quoted 
by Major Chittenden do not occur in the account; nor do such words oocar in 
the accounts of the lecture printed in the Herald of 22 January (p. 7/4) or in 
the Times of 22 January (p. 8/3). The lecture was not reported in the World 



^ It is proper, in passing, to speak of Forest Reservations or Reserves. On 
3 March, 1891, it was enacted by Congress — 

That the President of the United States may, from time to time, set apart and reserre 
in any State or Territory having public land bearing forests, in any part of the public 
lands wholly or in part covered with timber or undergrowth, whether of conmienaal 
value or not, as public reservations, and the President shall, by public proclamation, 
declare the establishment of such reservations and the limits theieof (United States 
Statutes at Large, xxvi. 1103). 

Under this Act, many Forest Reserves (as they are now generally termed) 
have been created. Their number and their area are constantly changing, but 
we learn from the Annual Report of the Commissioner of the General Land 
Office for 1902 that there were then 54 Forest Reserves, embracing 60,175,765 
acres (p. 84), and from the Report for 1903 that there were then 53 Forest 
Reserves, embracing 62,354,965 acres (p. 31). To create a National Park re- 
quires an Act of Congress, while Forest Reserves can be established by Presi- 
dential Proclamation. In 1900 a bill was introduced into Congress *' empowering 
the President to set apart, as national parks, tracts of public land which . . . 
it is desirable to protect and utilize in the interest of the public" (Annual 
Report of the Commissioner of the General Land Office for 1902, p. 117) ; but, 
though the passage of such a bill has been constantly urged by the Commis- 
sioner of the Greneral Land Office, it has hitherto failed. Nevertheless, many 
places of historic and prehistoric interest have been preserved. See an article 
by Edgar L. Hewett on ^ Government Supervision of Historic and Prehistoric 
Ruins " in Science, 25 November, 1904, New Series, xx. 722-727. By an Act 
of Congress approved 1 February, 1905, the Forest Reserves were transferred 
from the Department of the Interior to the Department of Agriculture (United 
States Statutes at Large, xxxiii. 628). 



1904.] THE WORD PARK IN THE UNITED STATES. 879 

other parks established by Congress which are under the control 
of the Secretary of War. Though these ai'e, in the Acts creating 

of 22 January nor in the Evening Post of 28 January. On the other hand, 
through Dr. Murray, I learn that Prof. Francis A. March of Lafayette College 
sent him the extract quoted hy Major Chittenden as from the Tribune of 28 
January; but I have been unable to find it in the Tribune of that date. In the 
two articles on ** The Wonders of the Yellowstone " which Mr. Langford con- 
tributed to Scribner's Monthly for May and June, 1871 (ii. 1-17, 113-128), 
there is no mention of the park idea. On 18 December, 1871, Samuel C. 
Pomeroy of Kansas asked " leave to introduce " into the Senate ** a bill to set 
apart a certain tract of land lying near the headwaters of the Yellowstone as a 
public park," and on the same day William H. Clagett of Montana introduced 
into the House a bill " to set apart a certain tract of land lying near the head- 
waters of the Yellowstone as a public park " (Congressional Globe, pp. 159, 109), 
On 23 January, 1872, Mr. Pomeroy said in the Senate : 

This bill originated as a result of the exploration, made by Professor Hayden, under 
an appropriation of Congress last year [1871]. With a party he explored the head- 
waters of the Yellowstone and found it to be a great natural cariosity, great geysers, as 
they are termed, water-sponts, and hot springs, and having platted the ground himself, 
and having given me the dimensions of it, the bill was drawn np, as it was thought best 
to consecrate and set apart this great place of national resort, as it might be in the 
fntnre, for the purposes of public enjoyment (Ibid. p. 520). 

In the same month Dr. Hayden made a report in which he said : 

The bill now before Congress has for its object the withdrawal from settlement, oc- 
cupancy, or sale, under the laws of the United States, a tract of land fifty-five by sixty- 
five miles, about the sources of the Yellowstone and Missouri Rivers, and dedicates and 
sets it apart as a great national park or pleasure-ground for the benefit and enjoyment 
of the people (Fifth Annaal Report of the United States Geological Survey of the 
Territories, 1872, p. 163). 

In an article called *<More about the Yellowstone," published in Scribner's 
Monthly for February, .^872, Dr. Hayden asked: 

Why will not Congress at once pass a law setting it apart as a great public park for 
all time to come, as has been done with that not more remarkable wonder, the 
Yosemite? (iii. 396). 

The fortunes of the bill can be followed in the Congressional Globe, pp. 484, 
520, 697, 718, 1228, 1243, 1244, 1279, 1282, 1416. See also p. 383 note 4, below. 

Through the kindness of Major Chittenden and Mr. Langford, I am able to 
add to our information in regard to the extract quoted above as from the New 
York Tribune of 23 January, 1S71. Major Chittenden writes me : 

I saw the clipping in question and copied it myself from Mr. Langford's scrap-book 
and on the border of it was noted, as is frequently done in such cases, the date and the 
paper from which it was taken. 



880 THE COLONIAL SOCIETY OF MASSACHUSETTS. [April, 

them, called sometimes National Parks and sometimes National 
Military Parks, the proper title would seem to be National Military 
Parka There are four, as follows : 

Chickamauga and Chattanooga National Park, Georgia, 19 August, 

1890; » 
Shiloh National Military Park, Tennessee, 27 December, 1894 ; * 
Gettysburg National Military Park, Pennsylvania, 11 February, 

1895 ;• 
Vicksburg National Military Park, Mississippi, 21 February, 1899/ 

Mr. Langford writes : 

It IB a matter of great sarpriae to me, that the qnotation from my lecture referred to, 
cannot be found in the New York Tribune report of the lecture. I have in my scrap- 
book a report of the lecture, which I have always supposed was published in the New 
York Tribune of 23 January, 1871, and which contains the words quoted. The caption 
" New York Daily Tribune, Monday, January 23, 1871," was cut from the top of the 
Tribune, and is pasted in my scrap-book at the head of the report of my lecture. It 
seems almost incredible that I could have placed the Tribune caption over a report taken 
from another paper, — but if I made such a blunder, then what other paper was it 1 I 
cannot tell. Yet such a blunder might have been possible, considering the amount of 
matter which the various papers at that time contained in their eagerness to pabUsh 
something concerning our discoveries, so marveUous and new to them. 

Mr. Langford also gives some interesting facts relating to the early develop- 
ment of the park idea with respect to the Yellowstone. He says : 

Let us trace this matter from the beginning. While Mr. Hedges's proposition, made 
in the camp at the junction of the Fire-hole and Gibbon rivers, met with enthusiastic 
favorable response at the time, yet little more was thought of it by any of our party, 
except Hedges, for many months. ... I do not think that my enthusiasm over the 
park project was roused to the working point until Hedges stirred me up. My lecture, 
as first prepared, was delivered both in Helena and Virginia City before I left Montana 
for the East, and contained no reference to the park project. After its delivery in these 
two places I modified it somewhat, interpolating many new paragraphs, of which the 
quotation in question is one : — and with all these changes the lecture was delivered in 
Washington and then in New York City. . . . Whatever reports of my lecture have 
been made, — whether complete or incomplete, — the fact remains that I advocated the 
park scheme, in these few words, both in Washington and New York City. Beyond a 
mere statement of this fact, in answer to interrogatories on the subject, I never claimed 
any credit for the advocacy. This belonged to Hedges. My real interest in the scheme 
was not roused to the working point till my return to Helena in the summer of 1871, 



^ United States Statutes at Large, xxvi. 833. 
« Ibid, xxviii. 597. 

• Ibid, xxviii. 651. 

* Ibid, XXX. 841. 



1004.] THE WOED PABK IN THE UNITED STATES. 881 

These were of course the celebrated battlefields of the Civil 
War. There was also established in 1889 at Washington, D. C, 
the National Zoological Park.^ Finally, though strictly speaking 

when Hedges commimicated his enthufliasm to me, and we joined with Clagett, oar 
newly elected delegate to Congress, in preparing a bilL 

Finally, Mr. Langford writes me : 

I find among mj old papers a fragment (about two colnmns) of the Helena Herald 
of that date [9 November, 1870], containing the letter of Mr. Hedges, descriptive of the 
region embraced in the field of our exploration in the year 1870. In that letter Mr. 
Hedges writes that while the region we explored is situated in Wyoming Territory, 
the approach is cat off from that Territory by the impassable Wind River range of 
mountains, and he adds : 

Hence the propriety that the territorial lines be so leadjosted that Montana shoald embrace 
all that lake region west of the Wind River range; — a matter in which we hope our citizens 
will soon move, to accomplish it, as well as to secure its further appropriation to the public use. 

I do not know that there was any more particular reference to the Park project in 
any other part of this paper of November 9th which has been destroyed, or in any other 
issue of that paper. It is my opinion that the above quotation is all that ever appeared 
in the Herald of that day, relative to the creation of a Park. 

In a letter to Mr. Langford, Mr. Hedges says : 

There is one chapter that you might have indaded. Our Legislature was in session 
the winter following our expedition, and Seth Bullock was councilman for our County. 
I drew a memorial to congress asking the creation of the park, and Bullock got it 
passed and it was sent to Congress. 

When the corner stone of the entrance of the park was laid by the president and the 
masons two years ago [34 April, 1903], Bullock called my attention to the fact, and said 
he had the memorial still, in my hand writing, and gave it to me, and I gave it to the 
Historical Society [of Montana]. 

The Council Joint Memorial to Congress, referred to by Mr. Hedges, was 
approved 12 Janaary, 1872, and reads in part as follows: 

Your memorialists would further urge, that the above described district of country, 
with so much more of the present territory of Montana as may be necessary to include 
the Lake, Great Falls, and Caiion of the Yellowstone, the Great Basin of the Madison, 
with its associated boiling, mineral, and mud springs, as may be determined from the 
surveys made by Prof. Hayden and party the past season, or to be determined by 
surveys hereafter to be made, be dedicated and devoted to public use, resort, and recrea- 
tion for all time to come as a great national park, under such care and restrictions as to 
your honorable bodies may seem best calculated to secure the ends proposed (Laws, 
Memorials, and Resolutions, of the Territory of Montana, passed at the Seventh Session 
of the Legislative Assembly, 1872, pp. 648, 649). 

See Postscript, p. 397, below. 

1 On 2 March, 1889, Congress appropriated 9200,000 for <<the establishment 
of a zoological park in the District of Columbia " (United States Statutes at 
Large, xxv. 808). On 30 April, 1890, tbere was passed <* An act for the organiza- 
tion, improvement, and maintenance of the National Zoological Park " (Ibid, 
xxvi. 78). 



382 THE COLONIAL SOCIETY OF MASSACHUSETTS. [APRII, 

they are not National Parks, mention may be made of National 
Cemeteries.^ 

It has been stated that the Yosemite National Park was created 
1 October, 1890. Yet for at least twenty-two years before that the 
term ^'national park" had been applied to the Yosemite Valley. 
This is a puzzle the elucidation of which is singular. • The 
Yosemite Valley, which previously had been a hiding place for the 
Indians, was discovered by the whites in 1861,* and four or five 
years later was first visited by excursionists. On 28 March, 1864, 
John Conness of California '* asked, and by unanimous consent 
obtained, leave to introduce " into the Senate of the United States 
a bill ^^authorizing a grant to the State of California of the 
Yosemite valley, and of the land embracing the Mariposa Big Tree 
Grove; which was read twice by its title, and referred to the 
Committee on Public Lands." ^ On 17 May Solomon Foot of 
Vermont, " from the Committee on Public Lands," to whom the 
bill was referred, "reported it without amendment."* In the 
discussion of the bill which took place, the word " park " was not 
used.^ On 80 June an Act, which in part reads as follows, became 
operative : 

An Act axUhortzing a Ghrant to the State of California of the " To- 
Semite VaUey" and of the Land embracing the ^^ Mariposa Big Tree 
Grove J^ 

Be it enacted^ . . . That there shall be, and is hereby, granted to the 
State of California the <' Cleft " or " Gorge " in the granite peak of the 
Sierra Nevada mountains, situated in the county of Mariposa, . . . and 
known as the Yo-Semite Valley, . . . with the stipulation, nevertheless, 

1 On 28 July, 1866, Congress appropriated 950,000 <' To establish national 
cemeteries, and to purchase sites for the same*' (Jbid, xiv. 810). 

^ Writing in 1880, Dr. L. H. Bunnell, who was one of the original party to 
enter the Valley, said : " The date of our discovery and entrance into the 
Yosemite Valley was about the Slst of March, 1861 " (Discovery of the Yo- 
semite, and the Indian War of 1851, p. 70). 

* Congressional Globe, p. 1810. 

* Ihid. p. 2299. 

« See the Congressional Globe, pp. 2300, 2301, 2695, 3378, 3388, 3389, 8444, 
Appendix, p. 240. It will not be without interest to the members of this 
Society to note that on 1 July ** A message from the President of the United 
States, by Mr. Hat, his Secretary, announced that" President Lincoln had the 
prerious day approved and signed the Act referred to in the text. 



1904.] THE WOED PARK IN THE XJIOTBD STATES. 888 

that the said State shall accept this grant upon the express conditioDs 
that the premises shall be held for public use, resort, and recreation ; 
shall be analienable for all time ; but leases not exceeding ten years may 
be granted for portions of said premises. ... 

Sec. 2. And be it further enacted^ That there shall likewise be, and 
there is hereby, granted to the said State of California the tracts em- 
bracing what is known as the ^^ Mariposa Big Tree Grove," . . . with the 
like stipulation as expressed in the first section of this act^ 

At that time the Legislature of California met once in two years, 
and the Legislature of 1864 had already adjomned before the 
passage of the above Act of Congress. On 28 September, 1864, 
the Governor of Califomia appointed himself and eight others 
" a Board to manage said premises," who " shall be known in law 
as *The Commissioners to manage the Yosemite Valley and the 
Mariposa Big Tree Grove.' " ^ The above grant was accepted by 
the State of Califomia 2 April, 1866 ; ^ but litigation at once arose 
over the preemption rights of certain settlers, and this controversy 
remained unsettled until December, 1872, when the Supreme Court 
of the United States rendered its decision in favor of the Com- 
missioners.^ 

^ United States Statutes at Large, xiii. 825. 

' Statutes of Califomia (1866), p. 710. Among the Commissioners were 
Prof. J. D. Whitney, F. L. Olmsted, E. S. Holden, and Galen W. Clark. Mr. 
Clark first entered the Yosemite in 1855, disoovered the Mariposa Big Tree 
Grove in 1857, and was for many years Guardian of the Yosemite Valley. He 
is still living, having recently attained his ninetieth year, and has just published 
a little book, to which our associate Mr. James L. Whitney calls my attention, 
on The Indians of the Yosemite Valley and Vicinity. 

• Ibid, pp. 710, 711. 

^ The Commissioners brought action in November, 1867, in the District 
Court of the Thirteenth Judicial District, Mariposa County, California, where 
judgment was rendered in favor of the defendant. In July, 1871, the Supreme 
Court of California reversed the judgment of the District Court and ordered 
judgment in favor of the Commissioners. In December, 1872, the Supreme 
Court of the United States sustained the judgment of the Supreme Court of 
Califomia. See J. D. Whitney, Geological Survey of Califomia (1865), Geol- 
ogy, i. 405 ; J. D. Whitney, Letter of the State Geologist relative to the Progress 
of the State Geological Survey during the Years 1864-65 (1866); J. D. Whit- 
ney, Report of the Commissioners to manage the Yosemite Valley and the 
Mariposa Big Tree Grove, for the Years 1866-7 (1868), pp. 8-10; Appendix to 
Journals of the Califomia Senate and Assembly (1868), ii.; J. D. Whitney, 
Letter of the State Greologist relative to the Progress of the State Geological 



384 THB COLONIAL SOCIETY OF MASSACHUSETTS. [April, 

Neither the word "park" nor the term "national pork" is 
found in any legal document relating to the Yosemite Valley. 
Indeed, it would be strange if the term "national park'* were to 
occur, for by the Act of 30 June, 1864, Congress surrendered its 
jurisdiction over the tract to the State of California. In a rejwrt 
made to the House of Representatives 2 July, 1870, Greorge W. 
Julian said: 

But the truth is that the property in these cases was not appropriated 
by Congress for public uses in any just or legal sense. The entire valley 
was granted to the Stat« of California, and the jurisdiction of the United 
States over it has totally ceased. It belongs to the State, subject to the 
uses and purposes specified in the act, and the control of the State 
commissioners, and is not a national reservation or park at all.^ 

Yet at the very time that Julian made this statement, which 
would seem to be legally unassailable, the tract was already begin- 
ning to be popularly known as the Yosemite National Park. In a 
memorial to the Assembly of California, drawn up in January, 
1868, Professor Josiah D. Whitney, then State Geologist of Cali- 

Survey daring the Years 1866-7 (1867) ; Journal of the California Senate, 11, 
14, 16, 22, 24 January, 20 February, 18 March, 1868, pp. 213, 220, 230, 234, 285, 
417, 418, 639; Journal of the California Assembly, 22, 23, 25 Januaxy, 4, 12 
February, 1868, pp. 804, 305, 321, 338, 405, 448, 449; Report of the Special 
Committee of the Assembly in relation to the Grant of Land in Yosemite Val- 
ley, pp. 4, 5, in Appendix to Journals of the California Senate and Assembly 
(1868), ii. ; Veto Message (4 February, 1868) of the Governor in relation to 
Assembly Bill No. 238, An Act granting Land in Yosemite Valley, pp. 3, 4, in 
Appendix to Journals of the California Senate and Assembly (1868), ii. ; Con- 
gressional Globe, 26 May, 3, 5 June, 28 July, 1868, pp. 2585, 2816, 2817, 2857, 
2860, 4346 ; J. F. Cronelly, 15 September, 1868, Letters to Henry Burbidge 
(New York, 1869), p. 16; J. D. Whitney, The Yosemite Book (1868), pp. 20- 
22; J. D. Whitney, The Yosemite Guide-Book (1869), pp. 20-23; Congres- 
sional Globe, 18 January, 8, 15 April, 3 June, 2 July, 1870, pp. 549, 2515, 2726, 
4043, 5129-5134, 5144 ; J. M. Hutchings, Scenes of Grandeur and Curiosity in 
California (1870), pp. 61-171; S. Eneeland, The Wonders of the Yosemite 
Valley and California (1871), p. 29; J. E. Lester, The Yo-Semite (1873), p. 1; 
J. E. Lester, The Atlantic to the Pacific (1873), pp. 335, 336; California Re- 
ports, July, 4871, xli. 634-640; Statutes of California, 23 March, 1874, pp. 523, 
524; United States Reports, Supreme Court, December, 1872, Ixxxii 77-94; 
United States Reports, Supreme Court, October, 1880, ciii 575-579. 
^ Congressional Globe, p. 5134. 



1904.] THB WOED PARK IN THE UNITED STATES, 885 

fomia and Chairman of the Commissioners to manage the Yosemite 
Valley, said: 

The action of Congress was an exceptional one. The Tosemite 
Valley being an exceptional and in every way remarkable locality, it 
was the object of the Act by which it was donated to the State to make 
of it something of the nature of a public park, a place of resort where, 
unlike other famous objects of natural scenery, the visitor would not 
be hampered with petty exactions and tormented by extortionate 
demands. ^ 

In a book written later in the same year Professor Whitney 
declared: 

No : the Yosemite Valley is a unique and wonderful locality : it is an 
exceptional creation, and as such has been exceptionally provided for 
jointly by the Nation and the State — it has been made a National 
public park and placed under the charge of the State of California.' 

In 1869 Charles L. Brace wrote : 

After this was done, the whole valley, together with the Mariposa 
grove of Big Trees, wao transferred to the State by Congress, to be 
preserved as a park and public ground forever, — a most wise pro* 
vision.' 

In 1871 Samuel Kneeland observed : 

A few years since, some scientific men, familiar with California, and 
especially with this Valley, undertook to obtain the signatures of their 
fellowa throughout the land, . • • remonstrating against the enormity 

^ In Report of the Special Committee of the Assembly in relation to Grant 
of Land in Yosemite Valley, p. 5, in Appendix to Journals of the California 
Senate and Assembly (18Q8), ii. Prof. Whitney's memorial is not dated, but he 
speaks of " a bill having passed the Senate " (p. 4). This bill passed the Sen- 
ate 16 January, 1868 (Journal of the California Senate, p. 230), and the Report 
which contained Prof. Whitney's memorial was made to the Assembly 22 Jan- 
uary (Journal of the California Assembly, p. 304). Hence Prof. Whitney's 
memorial must have been written between 15 and 22 January, 1868. 

* The Yosemite Book (1868), p. 22. There is nothing to show precisely 
when this book was published, but it must have been after 23 July, 1868. At 
p. 20 Prof. Whitney refers to a resolution which <* was unfavorably reported " 
in the United States Senate. This report was made 23 July (Congressional 
Globe, p. 4346). 

» The New West, p. 118. 

95 



886 THB COLONIAL SOCIETY OF MASSACHUSBTTB. [April, 

of permitting the claimB of private individaals to stand in the way of 
the reservation of this Valley as a pablic park forever.^ 

In 1872 Charles NordhofE wrote: 

Who goes to California will certainly visit the Yosemite; and a cor- 
poration with a lease of twenty or thirty years could very well afford to 
put up large and comfortable hotels, and spend a hundred or even two 
hundred thousand dollars in beautifying this ^^ National Park/' ' 

In 1873 John E. Lester said: 

Upon a final hearing of this cause before the Supreme Court of the 
United States, and after full consideration, the Court has made its 
decision, confirming the grant to California, and declaring the title of 
Hutchings' void. They lay down the following law, which, applied to 
the facts relative to all the settlements now made there, would seem 
to settle the matter beyond all question, and thus make this valley a 
national park.^ 

In 1880 Dr. La&yette H. Bunnell, who had "been one of the first 
to enter the Valley in 1851, said : 

The late claimants to this lovely locality, ^^ this great moral show," 
have been relieved of their charge by act of Congress, and fifty thousand 
dollars given them for their claims. It will probably now remain forever 
free to visitors. The builders of the toll roads and trails should also re- 
ceive fair compensation for their pioneer labors in building them, that they 
may also be free to all. When this is done, this National Park will be 
esteemed entirely worthy of this great republic and of the great golden 
State that has accepted its guardianship. 

Perhaps no one can better than myself realize the value of the labors 
performed by the early pioneers, that has made it possible for tourists 
to visit in comfort some of the most prominent objects of interest; but 
** a National Park*' should be entirely free.* 

1 The Wonders of the Yosemite Valley and of California, p. 29. 

s California, p. 78. 

* James M. Hntchings was one of the settlers against whom the Commis- 
sioners brought suit in 1868. Mr. Hatchings was the author of Scenes of 
Grandeur and Curiosity in California, published in 1870. 

« The Atlantic to the Pacific, pp. 835, 836. 
' • Discovery of the Yosemite, pp. 220, 221. 



1901.] THE WOED PAEK IN THE UNITED STATES. 887 

It was clearly Professor Whitney who first called the Yosemite 
Valley a National Park, and soon the designation beeame well es- 
tablished. But though the Yosemite Valley has passed out of the 
jurisdiction of the National Government and into the control of the 
State of Califomia, nevertheless the National Government was con- 
cerned in so far as the original grant was due to it; apd this fact, 
no doubt, is responsible for the popular use of '^ National Park " in 
connection with the Yosemite Valley. 

The tract set apart 1 October, 1890, as the Yosemite National 
Park is quadrangular in shape, and about in its centre is a small 
oval tract. We have, then, this curious result, that while, strictly 
speaking, the quadrangle is the Yosemite National Park, and has 
been in existence fourteen years only, yet the oval or the Yosemite 
Valley — completely surrounded by the quadrangle — has been 
popularly called the Yosemite National Park for thirty-six years.* 

Deserving of comment is another use of the word Park, which is 
peculiar to the Rocky Mountains in Colorado and the adjacent 
country. The word is there applied to a valley shut in on all sides 
by high hills or mountains. My attention was first drawn to this 
use of the word when, in the summer of 1887, 1 encountered the 
thing itself. No one can visit Colorado without at least hearing of 
its parks, and no one can travel in the Rockies without seeing them 
and being attracted by their beauty. The most noted are North, 



^ Since this paper was written, a movement to recede the Yosemite Valley 
to the United States, advocated by Major John Bigelow, Jr., Superintendent 
of the Yosemite National Park, by the Sierra Club, and by the press of Cali- 
fornia generally, has met with success ; and an absurd, anomalous, and diffi- 
cult situation has ceased to exist. See the Sierra Club Bulletin, January, 1905, 
V. 242-253. On 3 March, 1905, " An act to recede and regrant unto the United 
States of America, the ' Yosemite Valley,' and the land embracing the * Mariposa 
Big Tree Grove,' " was approved by the Governor of California (Statutes of 
California, 1905, pp. 54, 55), and on the same day there passed Congress and was 
approved by President Roosevelt a " Joint Resolution Accepting the recession 
by the State of California of the Yosemite Valley and the Mariposa Big Tree 
Grove in the Yosemite National Park " (United States Statutes at Lai^e, xxxiii. 
1286). See also, under date of 3 March, 1905, Congressional Record, xxxix. 
3962, 3963, 3971, 4018, 4027, 4029. In spite of this Joint Reftolntion, the pre- 
cise legal status of the Yosemite Valley seems still to be undetermined. See the 
Nation, 28 September, 1905, Ixxxi. 250, and President Roosevelt's Message to 
Congress of 5 December, 1905. 



388 THE COLONIAL SOCIETY OF MASSACHUSETTS. [April, 

Middle,^ South, and San Luis Parks. They vary in size from the 
huge San Luis Park, into which the State of Connecticut could be 
put, to a little park a mile or two across. These parks are striking 
in formation, and I have never seen anything quite like them 
either in our Eastern States * or in Europe. It is thought by geolo- 
gists that they are the beds of former lakes. In North, South, and 
Middle Parks are the headwaters of the North Platte, the South 
Platte, and the Coloittdo Rivers, respectively, the first two flowing 
into the Atlantic, the last into the Pacific ; while in San Luis Park 
rises the Rio Grande del Norte, which finds its way into the Gulf 
of Mexico. 

Exactly when this use of the word arose, I have been unable to 
ascertain, and no doubt the point is impossible of determination, for 
the hunters and tmppers who wandered through them late in the 
eighteenth and early in the nineteenth centuries left no records. 
On their outward trip in 1805 and on their homeward trip in 
1806, Lewis and Clark crossed the Rockies far to the north of the 
Colorado Parks. Pike in 1806 actually entered South Park, but 
neither described its peculiar features nor gave it a name. Long in 
1820, Fremont in 1842 and again in 1843, were in the near vicinity 
of the Parks, but did not penetrate into them. On his homeward 
trip from the South Pass, however, in 1844, Frdmont visited all three 
of the more famous Parks ; and it is probable that in the following 
passages we have the earliest description of these Parks, written by 
one who had actually traversed them, which has appeared in print. 
Under date of 13 June, 1844, Fremont writes : 

Issuing from the pines in the afternoon, we saw spread out before us 
the valley of the [North] Platte, with the pass of the Medicine Batte 
beyond, and some of the Sweet Water mountains ; but a smoky hazi- 
ness in the air entirely obscured the Wind River chain. 

We were now about two leagues south of the South Pass, and oar 
course home would have been eastwardly; but that would have taken 

^ Though now known as North Park aud Middle Park, the former was 
originally New Park and the latter Old Park. 

^ Waterville in the White Mountains, New Hampshire, presents a fair 
imitation of a Colorado park. A peculiarity of a Colorado park is that, gener- 
ally speaking, in order to get out of one it is necessary to climb a hill or moan- 
tain ; for the streams usually force their way out through cafions so rocky and 
narrow as to make roads difficult or impossible. 



1904.] THE WOED PAKE IN THE UNITED STATES. ' 889 

ns over groond already examined, and therefore without the interest 
which would excite curiosity. Southwardly there were objects worthy 
to be explored, to wit : the approximation of the head waters of three 
different rivers — the Platte, the Arkansas, and the Grand River fork 
of the Rio Colorado of the gulf of California ; the Passes at the heads 
of these rivers ; and the three remarkable mountains coves, called Parks, 
in which they took their rise. One of these Parks was, of course, on 
the western side of the dividing ridge ; and a visit to it would require 
us once more to cross the summit of the Rocky mountains to the west, 
and then to re-cross to the east ; making, in all, with the transit we had 
just accomplished, three crossings of that mountain in this section of 
its course. But, no matter. The coves, the heads of the rivers, the 
approximation of their waters, the practicability of the mountain passes, 
and the locality of the three Parks, were all objects of interest, and, 
although well known to hunters and trappers, were unknown to science 
and to history. We therefore changed our course and turned up the 
valley of the Platte instead of going down it 

Again, on 14 June, 1844, Fremont remarks: 

The next day we continued our journey up the valley. . . . 

The valley narrowed as we ascended, and presently degenerated into 
a gorge, through which the river passed as through a gate. We entered 
it, and found ourselves in the New Park — a beautiful circular valley 
of thirty miles diameter, walled in all round with snowy mountains, 
rich with water and with grass, fringed with pine on the mountain 
sides below the snow line, and a paradise to all grazing animals. The 
Indian name for it signifies ^^ cow lodge,*' of which our own may be 
considered a translation ; the enclosure, the grass, the water, and the 
herds of buffalo roaming over it, naturally presenting the idea of a 
park.* 

^ Report of the Exploring Expedition to Oregon and North California (1845), 
pp. 281, 282. *' New Park " is plotted on the Map to illustrate an Exploration 
of the Country, lying between the Missouri ^River and the Rocky Mountains, on 
the line of the Nebraska or Platte River, By Lieu^ J. C. Fremont, facing page 
7 of Frdmont*8 Report on an Exploration of the Country lying between the 
Missouri River and the Rocky Mountains, on the line of the Kansas and Great 
Platte Rivers, published in 1843. The map is not dated, but Fremont's tour 
extended from 2 July to 10 September, 1842, he reached St. Louis 17 October, 
1842, and his Report is dated 1 March, 1843. Presumably, therefore, the map 
was plotted in 1842. " New Park," « Old Park," " Bayou Salade," and <« South 
Park,** are plotted on the Map of an Expedition to the Rocky Mountains in the 



390 THE COLONIAL SOCIETY OF MASSACHUSETTS. [April, 

But while, as already stated, the above is perhaps our earliest 
description of the three Parks by one who had seen them all, yet it 
is possible to point to a still earlier description of one of them. 
Under date of 29 July, 1839, Thomas J. Famham wi-ote: 

To-day we struck Grand River, (the southern branch of the Colorado 
of the west,) 20 miles from our last night's encampment. . . . The 
vallies that lie upon this stream and some of its tributaries, are called 
by the hunters " The Old Park." If the qualifying term were omitted, 
they would be well described by the name. Extensive meadows runnuig 
up the valleys of the streatns, woodlands skirting the mountain bases 
and dividing the plains, over which the antelope, black and white tailed 
deer, the English hare, the big horn or mountain sheep, the grisly, grey, 
red and black bears, and the buffalo and elk, range, — a splendid Park 
indeed ; not old, but new as in the first fresh morning of the creation. 
Here also we found the prairie and the large grey wolf, the American 
panther, beaver, pole cat, and land otter. ^ 



Year 1842 and to Oregon & North California in the Year 184a-44, By Brevet 
Capt. J. C. Fremont, facing page 105 of Fremont's Report of the Exploring 
Expedition to Oregon and North California, published in 1845. "North 
Park," "Middle Park," and "South Park" appear in 1848 on the Map of 
Oregon and Upper California From the Surveys of John Charles Freraont And 
other Authorities, which accompanied Fremont's Geographical Memoir upon 
Upper California, published in 1849. Apparently, therefore, the name " Old 
Park " was displaced by that of " Middle Park " between 1842 and 1848. 

1 Travels in the Great Western Prairies (1843), p. 51; c/I pp. 53, 56, 62, 
63, 73. Farnham's route is a little difficult to trace, but, though be traversed 
South and Middle Parks, he certainly did not enter North Park. I am indebted 
to Mr. Edward H. Whorf of Boston for calling my attention to this book. 

Since the above paper was written, the section of the Oxford Dictionary con- 
taining the word Park has been published. Dr. Murray quotes an extract from 
Major Zebulon M. Pike, where, apparently. Pike uses the word in the sense 
under discussion. When I sent the extract to Dr. Murray, now several years 
ago, I was under the impression that such was the case ; but a more careful 
examination makes it somewhat doubtful. Under date of 14 August, 1806, 
Pike writes : 

Embarked at half past five o'clock. Passed the Park, which is ten miles round, and 
not more than three quarters of a mile across, bearing from S. 5° £. to dae N. (Sonices 
of the Mississippi, 1810, p. 123.) 

In 1895, Dr. Elliott Coues located the place as follows : 

Near the N. E. corner of St. Clair Co. and the S. £. comer of Henry Co. [Missooii]. 



1004.] THE WOBD PABK IN THE UNITED STATES. 891 

What Fremont called the New Park is now North Park, and 
what Famham called the Old Park is now Middle Park. The 
Indian name for North Park is older than its English name. 
Though, as already stated, Long in 1820 did not penetrate into the 
Parks, nevertheless, from the accounts given him by his guides, he 
described the North Park. Under date of June, 1820, Dr. Edwin 
James writes : 

The North fork at its oonflaence is about eight hundred yards wide, 
is shoal and rapid like the Platte, and has a sandy bed. We were 
informed by our guide who had been repeatedly to its sources, that it 
rises within the Rocky Mountains, about one hundred and twenty miles 
north of the sources of the Platte. 

It is probably the river which was mistaken by Captain Pike for the 
Tellow-stone, and has been laid down as such on his map, whence the 
mistake has been copied into several others. It has its source in 
numerous small streams, which descend from the hills surrounding a 
circumscribed valley within the mountains, called the Bull-pen. This 
basin is surrounded by high and rugged mountains, except at the place 
where the North fork passes into the plains. On each side of this 
strait, or pass, are high and abrupt rocky promontories, which confine 
the river to a narrow channel. The diameter of the circumscribed 
valley, called the Bull-pen, is one day's travel, about twenty miles.* 

Had the word Park been known at that time, it seems probable 
that Dr. James would have recorded it The name Bull-pen sur- 
vived for many years, for as late as 1860 William Gilpin spoke of 
" the Northern Pare, or Bull-pen." ^ Gilpin, however, suggests a 

The Park is a narrow, somewhat rectangular loop of the Osage, including some bold, 
bluffs in its bight (Expeditions of Z. M. Pike, ii. 381 note). 

A glance at a map. will show the " oxbow " made by the Osage at that point, 
perhaps five hundred miles east of the Rocky Mountains It is clear, then, that 
Pike did not use the term in connection with the Rockies. The fact that in the 
original edition '* Park " is printed in italics seems to indicate that Pike was 
using an unfamiliar word, — one which perhaps he got from his guides. Com- 
pare the extract, cited later in the text (p. 392), from Gilpin. 

^ Account of an Expedition from Pittsburg to the Rocky Mountains, . . • 
under the Command of Major Stephen H. Long (1823), i. 463, 464. 

* The Central Gold Region (1860), p. 66. Between 1820 and 1860 a single 
example may be given. Under date of August, 1839, T. J. Famham wrote : 

The Arrapahoes . . . wander in the winter season over the country about the head of 
the Great Kenyon of the Colorado of the West, and to a considerable distance down that 



392 THE COLONIAL SOCIETY OF HASaACHUSSTTS. [APRH^ 

different derivation, and says : ^^ Scooped out of its main mass are 
valleys of great size and beauty, which have received from the 
trappers the name of Pares.'* ^ As many of the trappers and guides 
were French, this is by no means impossible.' Gilpin was with 
Fremont for a while in May, 1843, on his way to Oregon; later he 
is said to have founded Portland, Oregon ; in 1861 he was the first 
Territorial Governor of Colorado ; and it would seem as if he ought 
to have been in a position to know. Yet I do not remember to 
have met with the statement elsewhere than in Gilpin's book.* 
In 1847 Francis Parkman wrote : 

The western Dahcotah have no fixed habitations. Hunting and fight- 
ing, they wander incessantly, through summer and winter. Some are 
following the herds of buffalo over the waste of prairie; others are 
traversing the Black Hills, thronging, on horse-back and on foot, through 
the dark gulfs and sombre gorges, beneath the vast spliDtering precipices, 
and emerging at last upon the ' Parks,' those beautiful but most perilous 
hunting-grounds.^ 

river ; and in the sammer hunt the bnffalo in the New Park, or " BnU Pen/' in the 
" Old Park " on Grand River, and in " Bajoa Salade/' on the Soath fork of the Platte 
(Travels in the Great Western Prairies, 1843, p. 63). 

<< Bayou Salade" was another name, in use for many years, for the South 
Park. It would not be without interest to give in full the history of this 
extraordinary appellation, but space forbids. Suffice it to say that the first 
word of the compound has apparently nothing to do with our familiar baifou^ 
meaning a small stream or creek — a word not of French or Spanish, but of 
Indian, origin; and that *< Bayou Salade" is a corruption of "Yalle Salado," 
— the South Park having long been noted for its salt springs. In the solution 
of this riddle, I have been jgreatly aided by the researches of Mr. Edward 
H. Whorf. 

I The Central Gold Region, p. 48. Throughout his book, Gilpin spells the 
word pare. 

> Mr. Whorf calls my attention to some documents which show that as early 
certainly as 1748 the French rovers down the Mississippi began to follow the 
route which a century later had become famous as the Santa F^ trail. See 
Laud of Sunshine (1898), viii. 127. 

> The book, though to a certain extent interesting, is singular. When in 
Denver in 1887, 1 met Governor Gilpin, then seventy-three years of age, and I 
shall long remember his vivid description of the Continental Divide as '* the 
backbone of the continent,*' his infectious enthusiasm for every thing relating 
to Colorado, and his earnest insistence that Colorado possessed the only truly 
mountain climate known in the world. 

* Scenes at the Camp, in The Oregon Trail, Knickerbocker Magazine, De- 



1904.] THE WOBD PARK IN THE UNITED STATES. 393 

Under date of 13 August, 1858, Lieutenant Edward G. Beckwith 
said: 

The labor of crossing the ridge was completed this morning, and jnst 
in advance of the 1 o'clock shower we encamped in, but near, the head 
of the southern descent of the pass, on the Sangre de Cristo, which is a 
small stream of clear, cold water, in a beautiful little park or valley. . . . 
Above this gorge or cailon there is a small park, such as are found on 
the heads of many of the streams in this part of the country, abounding 
in deer, elk, and bear, aud affording luxuriant pasturage for thousands 
of head of cattle : indeed, few more inviting spots for grazing can any- 
where be found.* 

In 1856 Thomas H. Benton, alluding to Fremont's explorations', 
wrote: 

In this eventful exploration all the great features of the western slope 
of our continent were brought to light — the Great Salt Lake, the Utah 
Lake, the Little Salt Lake ; at all which places, then desert, the Mormons 
now are ; the Sierra Nevada, then solitary in the snow, now crowded 
with Americans, digging gold from its flanks ; the beautiful valleys of 
the Sacramento and San Joaquin, then alive with wild horses, elk, deer, 
and wild fowls, now smiling with American cultivation ; the Great Basin 
itself and its contents ; the Three Parks ; the approximation of the great 
rivers which, rising together in the central region of the Rocky Moun- 
tains, go off east and west, towards the rising and the setting sun.^ 

cember, 1847, xxz. 479. The passage will be found in chap. xi. of the 
publiRhed volume. 

^ Report of Explorations, p. 37, in Pacific Railroad Reports (1855X ii An- 
other extract from this Report is given because it shows us the christening of a 
small park. The person for whom it was named was Sheppard Homans, the 
astronomer of Capt. Gunnison's party. Under date of 31 August, 1853, 
Beckwith writes: 

On the morning of the 29th instant Captain Gannison, and Mr. Homans, accom- 
panied bj a guide and four or fire men, left the main body of the party and continued 
np the San Lais vaUey for foarteen miles to its head, where a small park, into which 
several small streams flow and unite, forming a single creek, is nearly separated from 
the main valley by low hills extending from the mountains on either side, into the plain. 
To this park, which is ten miles in width by fourteen in length, as weU as to the creek 
flowing from it. Captain Gunnison gave the name of his assistant^ Mr. Homans, who 
located them (p. 45). 

* Thirty Years' View, ii. 581. 



394 THE COLONIAL SOCIETY OF MASSACHUSETTS. [Aprh., 

In a letter dated Camp Floyd, Utah, 6 August, 1859, Assistant 
Adjutant-General Fitz John Porter gave the following instruc- 
tions : 

On account of the imminent danger of being caught in the snows 
which fall early in the season in the elevated passes of the Rocky Moun- 
tains near the Parks, the commanding general will not risk sending you 
that way. 

Moreover, as from the plateau of the South Park an eastern outlet for 
wagons has not yet been discovered, he thinks it would be more advis- 
able to attempt ... to unite by a practicable road the eastern with the 
western slope of the Rocky Mountains.^ 

In 1859 De Witt C. Peters declared that— 

There are two of these natural Parks in the Rocky Mountains. To dis- 
tiDguish them they are called the Old Park and the New Park. As their names 
imply, they are fair natural examples of the manufactured parks of civilization. 
In some things nature has lavished upon them charms and beauties which no 
human skill can imitate. These parks are favorite haunts of the deer, antelope, 
and elk, while the streams which run through them are well stocked with otter 
and beaver.' 

In 1864 Maurice O'C. Morris remarked ; 

Indeed, no one should think of leaving this country without visiting 
the three Parks, which are to be found within a compass of one hundred 
and fifty miles, and which form a most peculiar feature of the Rocky 
Sierra. They are known by the names of North, Middle, and South, 
and are large basins in the heart of the mountains, whence issue some 
of the large rivers which water this part of the continent ; the vegetation 
in them is abundant, and they are peopled by almost every species of 
wild animal.' 

In 1866 Dr. Feixiinand V. Hayden wrote: 

The North Park is oval or nearly quadrangular in shape, is about 50 
miles in extent, from east to west, and 30 miles from north to south, 
occupying an area of about 1,500 square miles. Viewing it from one of 

^ In Capt. J. H. Simpson's Report of Explorations across the Great Basin of 
the Territory of Utah (1876), p. 133. The statement in the text, coupled with 
the fact that Middle Park was originally called Old Park, seems to indicate that 
Middle Park was first approached by the whites from the Pacific slope. 

' Life and Adventures of Kit Carson, p. 51. 

' Bambles in the Rocky Mountains, p. 135. 



1904.] THE WOBD PABK IK THE UNITED STATES. 895 

the high mountains on its border, it appears like a vast depression which 
might onc« have formed the bed of a lake. Its sarface is rather rugged, 
yet there are broad bottoms along the streams, especially the Norlii 
Platte and its branches. Scarcely a tree is to be seen over the whole 
extent, while the mountains which wall it in on every side are dotted 
with a dense growth of pine. The grass grows in the park quite abun- 
dantly, often yielding at least two tons to the acre. Streams of the 
purest water flow through the park, and there are some of the finest 
springs I have yet seen, a few of them forming good-sized streams 
where they issue from the ground. I am quite confident that this entire 
park would make an excellent grazing region for at least six or eight 
months of the year. Myriads of antelopes were quietly feeding in this 
great pasture-ground like fiocks of sheep.^ 

On 1 July, 1866, Bayard Taylor declared : 

The Parks form a very remarkable feature of the mountain scenery. 
They resemble, on a smaller scale, the lofty, mountain-bounded table- 
lands of Cashmere and Thibet. They are still but imperfectly known, 
and still more imperfectly represented on the maps. I have not been 
able to find any minute description of their scenery, soil, and climate.^ 

In 1867 Major William F. Raynolds said that — 

About latitude dS*", near the Spanish peaks, the main-dividing crest 
of the continent takes a westerly trend, and from this point branches off 
an outlying chain running nearly north and south. This, as it gradually 
diverges from the range, forms the easterly boundary of the '' parks," 
in which the Arkansas and the Platte have their sources. Near latitude 
41^ the main crest trends stUl more rapidly to the westward, enclosing 
between it and the outlying range a wide and comparatively level tract, 
known as the ^^ Laramie plains," which may be regarded as a fourth 
'^park." In this series of ^'parks'' the most striking feature is the 
northerly course of all the streams.' 

Between 7 November and 16 December, 1871, the Legislature of 
Wyoming presented the following Memorial to the Hon. W. W. 
Belknap, Secretary of War : 

Your memorialists, the legislative assembly of Wyoming territory, 
would respectfully represent, that North Park, one of the three great 

^* Second Annual Report of the United States Geological Sarvey of the 
Territories (1873), p. 87. 
2 Colorado (1867), p. 89. 
' Report on the Exploration of the Yellowstone River (1868), p. 6. 



396 THE COLONIAL 80CIBTY OF MASSACHUSETTS. [April, 

parks of the Rocky Moantain region is situate partly in Wyoming and 
partly in Colorado territory, that the chief outlet to said park is at 
Laramie City, on the Union Pacific Railroad, in this territory, that the 
Indian title to lands embraced within said parks have been extingoished. 

Your memorialists would further represent that the area of said park 
is fully 3,000 square miles, or nearly two millions of acres of land, all 
of which is peculiarly fitted for grazing purposes ; that many cattle and 
sheep growers of this territory desire to place their herds and flocks in 
said park, but that owing to the roving bands of Indians who from time 
to time pass through said park and commit depredations, it is con- 
sidered unsafe. . . . 

Your memorialists would, therefore, respectfully but earnestly request 
that a military post be established in said park, at such place as your 
department shall deem best, believing that the establishment of such a 
post would lead to the early settlement of said park, and to many 
valuable discoveries in minerals.^ 

In 1872 Dr. Hayden, referring to Box Elder Park in Utah, 
said: 

In the park the river terraces are well defined. . . . The park is sur- 
rounded by high mountains, which protect it from great extremes of 
temperature, and the elevation above the sea is 4,958 feet. The moun- 
tainous portions of Northern Utah are full of these beautiful park-like 
areas, which are most probably the remains of an ancient lake.* 

In 1874 Colonel James P. Rusling remarked : 

These ^' parks," so called, are a peculiar feature of the Rocky Moun- 
tains and play an important part in the scenery. There are five of them 
— North, Middle, South, Roman's, and San Luis — of which we passed 
through the last three. They constitute in reality a great system of 
plateaus or valleys, morticed as it were into the very heart of the moun- 
tains, from twenty-five to fifty miles long by half as many wide, discon- 
nected by intervening ranges, yet all alike in their general features.' 

In 1893 Dr. Elliott Coues wrote: 

In the summer of 1877 I conducted an expedition of the U. S. Geo- 
logical and Geographical Survey through North and Middle Park. We 

* General Laws^, Resolutions and Memorials of the Territory of Wyoming, 
passed at the Second Session of the Legislative Assembly (1872), pp. 138, 139. 

3 Fifth Annual Report of the United States Geological Survey of the 
Territories (1872), p. 18. 

^ Across America, p. 94. 



1904. J THE WOBD PARK IN THE UNITED STATES. 897 

started from Cheyenne, Wyo., crossed Medicine Bow moantains, and 
entered North Park by an easy road from the north. Across the Park, 
to the southwest, is visible Rabbit-ears mountain, so-called from a pair 
of peaks it presents. We crossed to the foot of this mountain, where 
we discovered that a way could be found or made into Middle Park, 
practicable for our wagons. One of the ultimate sources of the North 
Platte comes down from the Rabbit-ears ; but on skirting around the 
base of this mountain we found ourselves on a head of Muddy creek, 
one of the side-sources of Grand river. It was but a step from one to 
the other, and perfectly practicable for a wagon-road, •though we had 
one upset from carelessness of the driver. There was, however, no sign 
of a road by the way we came for several miles, and probably no wagon 
had before passed over the ground there.^ 

When Fremont made his tour of the Parks in 1844, he found them 
filled with buffalo, antelope, elk, and Indians. The last in particular 
caused him great anxiety, because a fight was in progress between 
five hundred Sioux and Arapahoes, and there was every reason for 
fearing that both contestants, differing about other matters, would 
at least agree in falling upon him and his party. When the present 
writer travelled over much of the same route in 1887, there was 
not an Indian in the entire region, the buffalo had long since dis- 
appeared, the game had sought more secluded spots, and, though 
the country was still rough, the Parks were dotted with ranches 
and settlements, and the entire aspect of things had altered. I was 
entirely alone and unarmed, and one day rode fifty miles between 
inhabited ranches ; still, there was no danger from man or beast. 
Yet this vast change had taken place in barely more than forty 
years.* 

POSTSCRIPT. 

The publication in November, 1905, of Mr. Langford's Diary of 
the Washburn Expedition to the Yellowstone and Firehole Rivers 
In the Year 1870, requires a modification of the statement made 
above (p. 875) that ** to Dr. Hayden more than to any other one 
man was due " the accomplishment of the Yellowstone National 

^ History of the Lewis and Clark Expedition, ii. 485, 486 notes. 

* It should perhaps be added that in addition to National Parks, there are 
in the United States various State Parks, City Parks, and, in Massachusetts at 
least, Metropolitan Parks. 



398 THB COLONIAL SOdETT OF MASSAOHUSBTTS. [April, 

Park project. It is clear that the honor must be pretty equally 
shared between Mr. Hedges, Mr. Langford, Mr. W. H. Clagett-, 
and Dr. Hayden. But it still remains true that the idea of creat- 
ing the Park originated with Mr. Hedges ; indeed, from the pages 
of Mr. Langford's book, we get an interesting glimpse into the 
very inception of the idea. It was first broached on 19 September, 
1870, and on the next day Mr. Langford wrote in his Diary : 

* Last night, and also this morning in camp, the entire party had a 
rather unusual discussion. The proposition was made by some member 
that we utilize the result of our exploration by taking up quarter 
sections of land at the most prominent points of interest, and a general 
discussion followed. One member of our party suggested that if there 
could be secured by pre-emption a good title to two or three quarter 
sections of land opposite the lower fall of the Yellowstone and extend- 
ing down the river along the canon, they would eventually become a 
source of great profit to the owners. Another member of the party 
thought that it would be more desirable to take up a quarter section of 
land at the Upper Geyser Basin, for the reason that that locality could 
be more easily reached by tourists and pleasure seekers. A third sug- 
gestion was that each member of the party pre-empt a claim, and in 
order that no one should have an advantage over the others, the whole 
should be thrown into a common pool for the benefit of the entire party. 
Mr. Hedges then said that he did not approve of any of these plans 
— that there ought to be no private ownership of any portion of that 
region, but that the whole of it ought to be set apart as a great National 
Park, and that each one of us ought to make an effort to have this 
accomplished. His suggestion met with an instantaneous and favor- 
able response from all — except one — of the members of our party, and 
each hour since the matter was first broached, our enthusiasm has 
increased. It has been the main theme of our conversation to-day as 
we journeyed. I lay awake half of last night thinking about it ; — and 
if my wakefulness deprived my bed-fellow (Hedges) of any sleep, he 
has only himself and his disturbing National Park proposition to answer 
for it (pp. 117, 118). 

It is worth noting that there is no mention of the Park project^ 

^ Mr. Hedges's Journal is printed in Contributions to the Historical Soci^ 
of Montana (1904), v. 370-394. Other interesting allasions to the Yellowstone 
region will be found in the same Contributions, i. 113-143, 149-233, 268-284^ 
ii. 331, 332, iii. 153-174, iv. 167, 158, 100. 



1904.] THE WOBD PAEK IN THE UNITED STATES. 899 

in the Journal kept by Mr. Hedges at the time, though in a note 
dated August, 1904, Mr. Hedges wrote : 

It was at the camp after leavlDg the lower Greyser basin when all 
were speculatiDg which point in the region we had been through would 
become most notable, that I first suggested the uniting all our efforts to 
get it made a National Park, little dreammg that such a thing were 
possible. 



400 THE COLOKIAL SOOIETY OF MASSACHUSETTS. [Nov. 



ANNUAL MEETING, NOVEMBER, 1904. 

T^HE Annual Meeting was held at the University Club, 
^ No. 270 Beacon Street, Boston, on Monday, 21 Novem- 
ber, 1904, at six o'clock in the afternoon, the President, 
George Lyman Kittredge, LL.D., in the chair. 

The Records of the last Stated Meeting were read and 
approved. 

The Annual Report of the Council was presented and read 
by Mr. Albert Matthews. 

REPORT OF THE COUNCIL. 

Since the Annual Meeting in November last, the usual five 
Stated Meetings of the Society have been held in the building of 
the American Unitarian Association. For the courtesy which has 
been so liberally extended, the Council has already expressed to the 
Association the thanks of the Society. 

During the year we have lost by death two Resident Members, 

Henrt Dwight Sedgwick, 
Henry Walbridge Taft; 

and one Corresponding Member, 

John Andrew Peters. 

There have been added to our Rolls four Resident Members, 

Augustus Pbabodt Loring, 
Francis Blakb, 
Thornton Marshall Ware, 
Adams Sherman Hill; 

and one Corresponding Member, 

Herbert Putnam. 



1004.] BBPOBT OP THE COUNCIL. 401 

The papers communicated at our meetings have, as usual, cov- 
ered a wide range both in time and subject, and have provoked 
interesting discussions and comments. 

Volume VI. of our Publications has been completed and is now 
in the hands of the members. 

The Treasurer's Report will show in detail the financial con- 
dition of the Society, but the Council wishes to call particular 
attention to one gift. Mrs. Sarah Moody Toppan has presented 
to the Society Five Thousand Dollars, to be added to the publi- 
cation fund, as a memorial to her husband, our late associate, 
Robert Noxon Toppan. The nature and the object of this gift are 
peculiarly gratifying. 

It gives the Council great pleasure to make to the Society the 
important announcement that the sum of Five Thousand Dollars 
has been subscribed to provide for the salary of an Editor of 
Publications ; and the Council will at this meeting ask the Society 
to take such measures as are necessary to make this sum available 
for its special purpose. This amount has been generously con- 
tributed by the following members : 

Georue Yasmer Leverett, 
Henrt Winchester CiTNNiNGHAif, 
Frederick Lewis Gay, 
George Nixon Black, 
Charles Goddard Weld, 
Joshua Montoomert Sears, 
Charles Francis Choate, 
Gardiner Martin Lane, 
Hsnrt Lee Hiooinson, 
Thomas Minns, 
Walter Cabot Baylies. 

For the next five years, therefore, the salary of the Editor of 
Publications is assured'; and it is hoped that at the end of that 
period, through gifts which shall meanwhile be presented to the 
Society, it will not again be necessary to appeal for a special 
subscription. 

26 



402 THE COLONIAL SOCIETIT OF MASSACHUSETTS. [Nov. 

The Treasurer submitted his Annual Report, as follows : 

REPORT OF THE TREASURER. 

The By-Laws require of the Treasurer, at the Annual Meeting, 
a statement of his financial transactions during the preceding year, 
of the amount and condition of the Funds, and of the character of 
the investments. In obedience to this provision, I have the honor 
to submit the following Report. 

CASH ACCOUNT. 

RECEIPTS. 

Balance, 19 Noyember, 1903 91,060.12 

Admission Fees 9^-00 

Annual Assessments 700.00 

Commutation of the Annual Assessment of two members 200.00 

Sales of the Society's Publications 2.80 

Interest 2,151.35 

Mortgages assigned or discharged 16,300.00 

Withdrawn from Charlestown Five Cents Savings Bank 

for investment 300.00 

Subscriptions towards the salary of an Editor of 

Publications 1,200.00 

Sarah Moody Toppan, to constitute a permanent publicsr 

tion Fund in memory of her husband 5,000.00 25,894.15 

126,957.27 



EXPENDITXTRES AND nnrSSTlfENTS. 

University Press : printing and paper .«..••• $1,234.45 
A. W. Elson & Co. : photogravure plates and plate 

printing 168.40 

Index of Volume VI 100.00 

Clerk hire 55,10 

William H. Hart, auditing 5.00 

Miscellaneous incidentals • • • . . 284.84 

Deposited in Charlestown Five Cents Savings Bank . , 304.86 

Mortgages on improved Real Estate in Boston . . . , 22,800.00 

Interest in adjustment 310.85 25,263.50 

Balance on deposit in State Street Trust Company of 

Boston, 15 November, 1904 1,603.77 

$26,957.27 



180*] BBPOBT OP TEffi TBEASUBKB. 403 

The Funds of the Society are invested as follows : 

$42,200.00 in First Mortgages, payable in gold coin, on improved 
property in Boston and Cambridge; and 
80.50 deposited in the Charlestown Five Cents Savings Bank. 

•42,280.60 



TBIAL BALANCE. 

DEBITS. 

Cash ' $1,608.77 

Mortgages $42,200.00 

Charlestown Five Cents Savings Bank 80.60 42,280.60 

$43,924.27 

CREDITS. 

Income $1,608.77 

Editor's Salary Fnud $1,200.00 

Publication Fund 1,100.00 

General Fond 4,080.60 

Gould Memorial Fund 10,000.00 

Edward Wheelwright Fund 10,000.00 

Bobert Charles Billings Fund 10,000.00 

Bobert Noxon Toppan Fund 5,000.00 42,280.60 

$48,924.27 

Henby H. Edbs, 

Treasurer. 
BoBTOH, 16 November, 1904. 

The Committee, consisting of Messrs. Fbancis Blaee and 
John Noble, Jr., appointed to examine the accounts of the 
Treasurer for the year ending 15 November, 1904, reported, 
through Mr. Noble, that the accounts had been accurately 
kept and were properly vouched, that the Cash Balance had 
been verified, and that the evidences of the Investments had 
been examined. 

The several Reports were accepted and referred to the 
Committee of Publication. 

Mr. S. LoTHBOP Thobndike, on behalf of the Committee 



404 THE COLONIAL SOCIETY OF MASSACHUSETTS. [Nor. 

to nominate officers for the -ensuing year, presented the fol- 
lowing list of candidates ; and, a ballot being taken, these 
gentlemen were unanimously elected : 

PRESIDENT. 

GEORGE LYMAN KITTREDGE. 

VICE-PRESIDENTS. 

WILLIAM WATSON GOODWIN. 
MARCUS PERRIN KNOWLTON. 

REOORDINQ SECRETARY. 

HENRY WINCHESTER CUNNINGHAM. 

OORRESPONDINQ SECRETARY. 

JOHN NOBLE. 

TREASURER. 

HENRY HERBERT EDES. 

REGISTRAR. _ 

FREDERICK LEWIS GAY. 

MEMBER OF THE COUNCIL FOR THREE YEARS. 

THORNTON KIRKLAND LOTHROP. 

The following votes, recommended by the CJouncil, were 
ofiFered by»Mr. Henry H. Edes, and unanimously adopted : 

Voted, That the Society gratefully accepts the gift of Five Thoosand 
Dollars from Mrs. Sarah Moody Toppan, to be added to the permanent 
publication funds of the Society as a Memorial of her husband, and that 
it be forever called the Robert Noxon Toppan Fund, the income only 
of which shall be used. 

In accepting this gift, the Society wishes to place on record an ex- 
pression of its appreciation of Mr. Toppan's active and devoted interest 
in its work, his generous gifts of money, his learning, and the charm of 
his fellowship. 

Voted^ That an attested copy of the foregoing vote be sent to Mrs, 
Toppan. 

Voted^ That the name of the Gould Memorial Fund be changed to the 
Benjamin Apthorp Gould Memorial Fund. 



1904.] AMENDMENTS TO THE BY-LAWS. 405 

On the recommendation of the Council, Mr. George V. 
Leverett offered the following Amendments to the By-Laws 
for the purpose of creating the office of Editor of Publicar 
tions, and permitting the incumbent thereof to receive a 
salary and to have a seat in the Council : 

Voted, That the By-Laws be, and they hereby are, amended as 
follows : 

In Chapter IV, Article 1, after *^ named," insert '^and an £ditor of 
Publications, who shall be annually elected by the Council.'* 

In Chapter IV, Article 4, after " Society," insert, '* except the Edi- 
tor of Publications.'' 

In Chapter XI, Article 2, after the first ^' shall," insert <^ elect annu- 
ally an Editor of Publications, and ". 

These amendments were unanimously adopted. 

The name of Mr. Worthington Chauncey Ford was 
transferred from the Roll of Resident Members to that of 
Corresponding Members/since he has removed his permanent 
residence from Massachusetts to Washington, D. C. 



After the Annual Meeting had been dissolved, dinner was 
served. The guests of the Society were Dr. Aksel Anders- 
son, Dr. Henry P. Bowditch, Rear- Admiral Francis T. Bowles, 
Dr. James R. Chadwick, the Rev. Dr. James De Normandie, 
the Rev. Dr. Samuel A. Eliot, Dr. Henry P. Walcott, and 
Messrs. Melville M. Bigelow, Solomon Lincoln, and Charles 
Card Smith. President Kittredge presided. 



INDEX 



INDEX. 



Abbot, David, 7. 

Bev. Ephraim (H. C. 1806), 200 n. 

Mary (Pearson), if?i£e of Key. 

Ephraim, 290, 290 n, 323. 

Phebe, daughter of Jonathan. 

See Shattack. 

Abi^edl, or Lea Trois Amis, a French 
sloop, 179, 181. 

Absentees, loyalist, disposition of es- 
tates of, in Massachusetts, 64, 65, 66, 
67, 69, 71, 72; act proyiding for 
payment of debts of, 66, 67; penalty 
attached to the return of, 68, 70, 71. 

. See also Loyalists. 

Adams, Abigail (Smith), wife of John, 
91 ; her letter regarding Joyce Junior, 
101 ; Familiar letters of John Adams 

. and his wife Abigail, cited, 101 n. 

•; Hkrbert Baxter, LL.D., xviii. 

' John, his defence of accused sol- 
diers in the Boston Massacre, 97 n ; 

. his Works, cited, 97 n, 163 n, 276 n; 
letter from his wife to^ 101 ; Famil- 

. iar Letters of Jolm Adams and his 
wife Abigail, cited, 101 n, 278 n; 
counsel for prisoners in piracy case, 
162, 163; disappearance of records 

. of this trial, 163 ; his letter to Mercy 
Warren, quoted, 276; his denuncia- 
tion of Fabian policies, 276, 277 ; his 
letters, 281 n. 

John Quincy, son of John, 80. 

Samuel, Goyemor of Massachu- 
setts 21 

Key. WUliam (H. C. 1671), 193 n ; 

extract from Journal of, 194. 

Adams House, Boston, 123. 

Admiralty Jurisdiction in Massachu- 
setts, paper on, by J. Noble, 150- 

. 185. See under Massachusetts, Ad- 

, miralty, Court of. 

Aerians, 327. 

iBsop, 272. 

Africa, fondness of sayages of, for 
rings, 261. 

Age, adyantages of, 196. 



Ainsworthism, 827. 

Albemarle, Duke of. See Monck. 

Albion, Earl of. See Plowden, Sir 
Edmund. 

Alchemy, 6. L. Eittredge's inyestiga- 
tions of the study of, in New Eng- 
land, 266. 

Alden, Dayid, son of John, 200, 201 n. 

John, original deed giyen by, ex- 
hibited by U. H. Edes, 198 ; text of 
deed, 198-201. 

Jonathan, son of John, deed giyen 

to, exhibited by H. H. Edes, 198; 
text of deed, 198-201. 

Judah, 201. 

7 Maiy Ann, daughter of Judah, 

201. 

Aliens, law in Massachusetts for ex- 
pelling dangerous, 70. 

Allen, Charles, tribute of, to W. C. 
Endicott, 43. 

John, 152. 

Rey. Joseph Henrt, D.D., xyii, 

149, 149 n ; letters of J. Martineau 
to, mentioned, 134 n. 

American Academy of Arts and 
Sciences, hospitality of, to this 
Society, 8; Dr. E. A. Holyoke, Pres- 
ident of, 308 n. 

American Antiquarian Society, Pro- 
ceedings of, cited, 131 n, 333 n. 

Library, 330 n. 

American Colonies, use of the word 
State in, 14, 24, 25; German emigra- 
tion to, 213, 213 n, 214, 215. 

American Fabius, sobriquet of Wash- 
ington, 275, 280, 285. See also 
FflO^ins. 

American States, the expression, 14. 

American Unitarian Association, hos- 
pitality of, to this Society, 3, 190, 

Americanisms, some examples of, 14; 

the word Palatine not included in 

works on, 203. 
Ames, , wife of Henry, 187, 138. 



410 



INDEX. 



AifEB (continued). 

Hon. Frederick Lothrop, A.B., 

xvL 

Henry, 137, 188. 

Jambs Barr, LL.D., zvi; ap- 
pointed on Nominating Committee, 
loo* 

-^ Nathaniel, h\a Almanack for 1756, 
lines from, 816. 

Rev. William (1676-1638), 196, 

841 n. 

Amory, Hugh, Gertrade £. Meredith's 
Descendants of, dted, 102 n. 

John (172a-1803), 102 n. 

Jonathan (1726-1797), 102 n. 

Thomas (1722-1784), 102 n. 

Amsterdam, Holland, 22, 28. 

Anabaptists, 327, 828, 830. 

Andenon, Daniel, his case against R. 
Orchard, 156. 

Andersson, Aksel, a gnest at the an- 
nual dinner, 405. 

Andover, Mass., 7, 8 ; library and 
philosophical apparatus of Harrard 
College remoyea to, 811, 811 n; 
proposition to erect powder-mill at, 
812 n ; powder-mill blown up, 321 n. 

Grammar School, masters of, 290, 

296 n, 320. 

Phillips Academy, 8, 296 n; papers 

of Rey. £. Pearson given to, 289; 
first preceptor of, 290, 321. 

Tneological Seminary, Rev. E. 

Pearson made Professor of Sacred 
Literature in, 290. 

AxDREw, Hon. John Forrester, 
LL.B., xvi. 

Andrews, John, his Letters, cited, 89 n. 

Joseph, of Hingham, 123, 123 n, 

124. 

Joseph (1767-1777), son of Joseph 

of Hingham, 123 n ; at the battle of 
the Brandywine, 123; takes com- 
mand, and is wounded, 124; his 
death, 125, 126; CoL J. Crane's esti- 
mate of, 127. 

Joseph (1806-1873), engraver, 

123 n. 

Loring,sonof Joseph of Hingham, 

123 n. 

Andros, Sir Edmimd, government of, 
overturned, 127 n; Indian prisoners 
released by, 128. 

Ansel, a gold coin, 853 ; different values 
of, 354 ; applied to a ten shilling bill, 
in Massachusetts, 354, 355 ; approved 
by Judge Sewall as a tip, 855 ; ten 
shilling bill of 1702, not so called, 



Anoel (continued), 
355 ; possible responsibility of Judge 
Sewall for this application of the 
title, 856. 

Anoell, Hon. James Burrill, LL.D.y 
zviii. 

Annandale, Marquis of. See John- 
stone, William. 

Annapolis, Md., State Houses erected 
in, 17. 

Annapolis Convention of 1786, 282. 

Anne, Queen of England, 214. 

Annis, Naomi, wife of Samuel, 111 ; her 
depositions, 105 n. 

Samuel, 108, 109, 111. 

Antietam, battle of, 241. 

Antinomian controversy, 829. 

Antwerp Belgium, 22. 

Apache Indians, final defeat of (1886), 
46. 

Apparel. See Dress. 

Appleton, Hannah. See Clarke ; Wil- 

John, son of Rev. Nathaniel 

(H. C. 1712), 289. 

John, son of Nathaniel (H. C. 

1749), 823. 

Margaret, sister of Rev. Nathaniel 

(H. C. 1712). See Holyoke. 

Rev. Nathaniel (H. C. 1712), 289, 

291 n, 296 n, 298, 808 n, 820, 820 n ; 
death of, 823. 

Nathaniel (H. C. 1749), son of 

Rev. Nathaniel (H. C. 1712), 289, 
808, 310. 

Nathaniel Walker (H. C. 1773), 

son of Nathaniel rH. C. 1749), letters 
of, to Rev. £. Pearson, communi- 
cated by W. C. Lane, 289 ; his an- 
cestors, 289; his study of medicine, 
289 ; text of his letters to Pearson, 
291-324; Secretary of the Speaking 
Club, Harvard College, 292 n. 

Sarah (Greenleaf ), wife of Nathan- 
iel Walker, 290 n, 323. See also Haven. 

William Sumner, his Genealogy 

of the Appleton family, cited, 290 n. 

Arapahoe Indians, 891 n ; fight between 
Sioux and, 397. 

Arblay, Frances (Bumey), Madame d*, 
her diary referred to, 281 n. 

Archdale, John, Governor of Carolina, 
his Description of Carolina, cited, 
209 n. 

Ar^nauts, 262. 

Anans, 327. 

Arkansas River, head waters o^ 389, 
395. 



INDEX. 



411 



Ammtrong, John (1725-1795), at the 
battle of the Brandvwine, 122, 124. 

Arnold, Benedict, 317; his letter to 
Mercy Soollay, 284, 235 ; his unsuo- 
cessful attack on Quebec, 312 n. 

-^— Isaac Nelson, his Life of B. Arnold, 
cited, 234 n. 

•»— Samuel Greene, his History of 
Rhode Island, cited, 219 n, 220 n. 

Ashbumham, Bertram, fourth Earl of 
Ashburnham, 262. 

Ashley, Lord. See Cooper, Anthony 
Ashley. 

Asia, rings brought to Greece from, 
261. 

Assheton, Rev. Nicholas, his Journal, 
quoted, 345; cited, 345 n, 346 n. 

Assington, Suffolk, England, 202. 

Attwood, Joshua, 171. 

Atwood, William, 158. 

Auchmuty, Robert (d. 1760), 158, 159, 
159 n, 167, 171, 174, 177, 181. 

Robert (cf. 1788), son of Robert 

(d. 1750), 158, 159, 162. 

Austin, Hon. James Walker, A.M., 
xvi. 

John Osborne, his 160 Allied 

Families, cited, 75 n ; his Genealogi- 
cal Dictionary of Rhode Island, cit^ 
75 n. 

Avalon, Newfoundland, Charter of, 
rights granted to Sir George Calvert 
in, 204, 205 ; Maryland Charter based 
on, 204. 

Ateb, Jambs Bourne, M.D., xvii. 

Aylmer, John, Bishop of London, 844. 



SaBSON, John James, his History 
of Gloucester, cited, 99 n. 

Robert TiLLiNOHA8T,LL.B«,xyii. 

Bache, Richard, 245 n. 

Sarah (Franklin), wife of Rich- 
ard, 245, 245 n, 279. 

Bacon, David, 260 n. 

Isaac, son of David, 260, 260 n. 

Nathaniel, Jr., 15. 

Bailey, Hannah. See Shattuck. 

James, of Round Pond, Me., 109, 

110, 112, 113, 115. 

Sarah Loring, her Historical 

Sketches of Andover, cited, 131 n, 
132 n, 290 n, 296 n. 

Baker, Elizabeth. See Jackson. 

Sarah, daughter of Thomas. See 

Jackson. 

Thomas, of Roxbury, 254 n* 



Baker (continued\, 

William Sponn, his Engraved Por- 
traits of Washington, cited, 266 n; 

his Itinerary of General Washington, 

cited, 266 n. 
Balaklava, Russia, battle of, 76. 
Balch, Francis Veronies, LL.B., 

xvi. 
Bald Pate Meadow, Newton, Mass., 

255, 255 n. 
Baldwin, Hon. Simeon Eben, LL.D., 

xviii. 
Baltimore, Lord. See Calvert. 
Baltimore, Md., 876 n. 
Bancroft, George, his History of the 

United States, mentioned, 333. 
Ban^ Edward, 199. 
Baptiste (Baptist), Jean (John), case 

of, 186. 
Bar Association, Boston, 12; tribute 

of, to W. C. Endicott, 42. 

New York, 240. 

Barbadoes, W. Spry made Governor 

of, 160. 
Barker, Edward Tobey, 2ai, 201 n. 
— »- Frances, daughter of Francis. See 

Shirley. 

Francis, 244 n. 

Hon. James Madison, LL.D., 

xvii ; deceased, xix. 

Ilobert, printer, 886. 

Barlow, Joel, his Columbiad, men- 
tioned, 277 n. 
Samuel Latham Mitchell, his copy 

of early records of Court of Assist- 
ants, 151. 
Barnard, Edward, 301 n^ 802, 308 n, 

312. 
Barnstable, Mass., 176, 177, 181, 223 n. 
Barret, George. See Burdett. 
Barrett, Daniel, 824 n. 

John, of Wells, Me., 130. 

John, son of John of Wells, Me., 

killed bv Indians, 127, 130. 
Barrow, Henry, 330. 
Barrowism, 327. 

Bartlett, , 82. 

John, his Familiar Quotations, 

mentioned, 285. 
Baskett. See Basset, Rev. William. 
Basset, Rev. William, 243, 243 n. 
Bassett, William, admiralty case 

against, 170, 171. 
Bath and Wells, Bishop of. See Piers. 
Baxter, Hon. James Phinnet, 

Litt.D., xviii, 207, 357. 
Baylies, Walter Cabot, A.B., xvi, 

401. 



412 



IKDSX. 



Bayly. See Bailey. 

Baynton, Peter, 221. 

Bayoa, the word, meanings a small 
stream or creek, of Indian origin, 
892 n. 

Bayoa Salade, or South Park, Colorado, 
889 n ; a oorrnption of Valle Salado, 
892 n. See also South Park, Colorado. 

Bear-baiting, 889^ 846. 

Beard, Rev. John Belly, 190. 

Beckwith, Edward Gnffin, his account 
of a Colorado park, 898 ; his Report 
of Explorations, cited, 898 fi. 

HenrjT Truman, 220 n. 

Bedford City, formerly Liberty, Ya., 
118 n. 

Bedford County, Va., 118 n. 

Beech, Madame. See Bache. 

Belcher, Andrew (d. 1678), 28. 

Andrew (d. 1717), son of Andrew 

(rf. 1678), 28. 

Anne, sister of Groy. Jonathan. 

See Noyes. 

Elizabeth (Danf orth), wife of An- 
drew (d. 1678), 28. 

Jonathan, Governor of Massachu- 
setts, son of Andrew (d. 1717), 28, 
29, 115 n, 188, 228 n; Memorial of 
the Admiralty and Custom House 
officers to, 168; calls George U. 
Father of his Country, 280, 281. 

Martha, daughter of Andrew 

(d. 1678). See Remington. 

Belfast, Me., History of, by J. Wil- 
liamson, mentioned, 18, 18 n. 

Belknap, Edward, C. Gullaeer's por- 
trait of Washington owned l^y, 266 n. 

— Rev. Jeremy, his manuscript 
Church History, quoted, 858 n, 378. 

William Worth, Secretary of 

War, Memorial from Wyoming Leg- 
islature to, regarding military post 

. in North Park, 89$, 896. 

Bellingham, Richard, Groyernor of Mas- 
sachusetts, 152. 

Bellows, Rev. Henry Whitney, 189, 
189 n, 248. 

Bench, method of filling vacancies on, 
in English Courts, 88, 40. 

Benevolent Fraternity of Churches of 
the City of Boston, 2. 

Bennet, Charles, first Earl of Tanker- 
ville, 179. 

Benton, Thomas Hart, his allusion to 
the Colorado parks, 898; his Thirty 
Years* View, dted, 898 n. 

Berkeley, Sir Henry, 848 «. 

James, third Earl of Berkeley, 179. 



Berkeley (eontinued). 

Sir John, first Baron Berkeley of 

Stratton, elected second Palatine of 
Carolina, 208. 

Bernard, Sir Francis, Governor of 
Massachusetts, 95 n, 162 ; petition for 
removal of, 281. 

Berry, Henry, 852, 852 n. 

Besse, Joseph, his Sufferings of the 
Quakers, cited, 75 n. 

Bethnne, George, 79 n. 

Georjse (H. C. 1740), son of 

George, 79, 825 n ; sketch of, 79 fi. 

Mary (Faneuil), wife of George 

(H. C. 1740), 79 n, 826 n. 

Mary (Waters), wife of George, 

79 n. 

family, of Balfour, 79 n. 

Beverley, Robert, his History of Vir- 
ginia, quoted, 16. 

Beverly, Mass., 99 n, 129. 

Bible and Heart, Boston, sign of T. 
and J. Fleet, 278, 275; its location, 
278 n. 

Bicknell, Levi, 125, 125 n. 

Biffelow, Henr^ Jacob, son of Jacob, 
Memoir of, cited, 284 n. 

Jacob, 284 n. 

John, his edition of Franklin's 

Works, cited, 245 n, 818 n. 

Major John, Jr., son of John, 

887 n. 

Mary A., daughter of Jacob, 234 n. 

Mary (Scollay), wife of Jacob, 

234 n. 

Melville Madison, a guest at the 

annual dinner, 405. 

— - William Sturgis, son of Henry 
Jacob, his Memoir of H. J. Bige- 
low, cited, 234 n. 

Bill, John, printer, 836, 836 n. 

Billerica, Mass., land bequeathed to 
Harvard College in, 258, 258 n. 

Billings, John Shaw, D. C L., xviii. 

Robert Charles, gift to this So- 
ciety from executors of estate of, 
183, 188; thanks of this Society to 
the executors, 184. 

Sarah. See Davenport. 

BUls of Credit, distress suffered by min- 
isters from difference in value of, 
181. 

Binney, Charles James Fox, his His- 
tory and Grenealogy of the Prentioa 
or Prentiss Family in New England, 
cited, 254 n. 

Horace (H. C. 1797), his Bush- 
rod. Washington, cited, 269 n. 



JKDBX. 



413 



Bishop, George, his New England 
Judged, cited, 75 n. 

Bittinger, Lucy Forney, her Germans 
in Colonial Times, cited, 216 n. 

Black, Gkorge Nixon, xvii, 401. 

Black and White Horae Tavern, Boston. 
See under White Horse Tavern. 

Black Hills, Wyo. and S. D., 392. 

Blackleich, Benjamin, 164 n. 

Blackstone, Sir William, his Commen- 
taries, quoted, 170 ; cited, 170 n. 

Blake, Francis, A.M., xvii, 400; 
elected a Resident Member, 264; 
accepts, 265; of Committee to exam- 
ine Treasurer's accounts, 357, 403. 

George, 226 n. 

James, his Annals of the Town of 

Dorchester, quoted, 233 n. 

Block Island, K. I., wreck of a Palatine 
vessel at, 217, 217 n, 222, 224 ; Sands 
family of, 224 n. 

A Summer at Sea, cited, 220 n. 

Bloodhound, a brigantine, 212 n. 

Blount, William, documents elucidat- 
ing his conspiracy, communicated 
by F. J. Turner, 857, 358; these 
documents printed, 358 n. 

Blue Anchor Tavern, Cambridge, 28. 

Boardman. See Bordman. 

Bodge, Rev. George Madison,his Soldiers 
in King Philip's War, cited. 28 n. 

Bodkin, Thomas, 100, 110, 112, 113, 
114; his case against J. Rajidall, 
107; deed of land to, 116, 117. 

Bodleian Librai^, Oxford, £ng., 205 n. 

Body of Liberties, certain rights laid 
down in, 153. 

Bollan, Frances (Shirley), wife of 
William, 244 n. 

William, 244 n. 

Bolton, Charles Enowles, A.B., 
xvii ; paper by, on an incident of the 
battle of the Brandywine, 122-127; 
communicates memorandum con- 
cerning Shirley familv, 243, 244; 
reads letter of B. Franklin, 245. 

Bond, Elizabeth (Jackson) Prentice, 
wife of Jonas, 251 n. 

Henry, his Grenealogiesand History 

of Watertown, cited, 120 n, 194 n. 

Jonas, 251 n. 

Bongarden, Philip, his petition in be- 
half of Palatine emigrants, 222 n; 
his naturalization, 222 n. 

Book of Hymns, 139. 

Book of Sports, J. Glover's refusal to 

publish, 334; various accounts of, 

^ 835; text of, as issued by Charles I., 



Book of Sports (continued). 
336-340; copies of, to be distributed, 
341 ; Laud thought by Puritans to be 
responsible for, 341, 342; arraign- 
ment of, at Laud's trial, 342 ; obnox- 
ious to Puritans, 342; A. Wilson's 
arraignment of, 342, 343; order for 
its burning, 851, 352. 

Bordman, Andrew, 324 n. 

Borland, Francis, 308 n. 

Boston, Mass., method of building and 
supporting the early Town House in, 
18, 19; fire of 1711 in, 19, 19 n; 
Loyalists seek protection in, 51, 55; 
Memorial History of, cited, 79 n, 
89 n, 98 n, 252 n, 254n, 266 n ; North- 
em cradle of American Independ- 
ence, 120 11 ; letter from citizens of 
Wells, Me., to authorities at, 127, 
128 ; instructions of King William so 
addressed, 180 ; attempt at reconcili- 
ation between First and Third 
churches in, 193 n; Sir Edmund 
Plowden's arrival in, 210 ; Palatine 
emigrants sent to Philadelphia from, 
221, 221 n ; proceedings of the town 
of, regarding duty on tea, 293, 
293 n, 294, 294 n ; resolutions adopted 
by tea-dealers in, 803, 303 n, 304 n. 

Adams House, 123. 

Athenseum, 169; Washington 

Collection in, 213 fi; Bible belonging 
to Shirley family owned by, 243; 
a letter of Franklm owned by, 245 n. 

Bar Association, 12, 42. 

Benevolent Fraternity of Churches 

of the City of Boston, 2. 

Bible and Heart, sign of T. and 

J. Fleet, 273, 275 ; its location, 273 n. 

Black and White Horse Tavern. 

See below, White Horse Tavern. 

Brattle Square, Church in, 246, 

352; printing of Records of, 2; 
Reconb of, cited, 246 n. 

Brazen Head, W. Jackson's shop 

in Comhill, 99 n. 

Brewsters, the, islands in Boston 

Harbor, 287. 

Castle William, 20, 225 n; tea 

consignees retire to, 296 n. 

Cemetery Department, Annual 

Report of, cited, 233 n. 

Charles Street, 92. 

Christ Church, 301 n. 

City Hall, 85 n. See also under 

Town House. 

Committee of Correspondence, 

1773, 300 n, 301 n. 



414 



INDEX. 



Boston, Mass. (continued), 

Common, pUmting of trees on, 

02, 92 n, 93, 98 n; duel between J. 
Bovdell and Capt. T. Smart on, 
17o fi ; tea burned on, 299 n. 

Common Council, 12. 

Common Street, now Tremont 

Street, 92 n. 

Comhill, now Washington Street, 

274 n ; W. Jackson's shop in, 99 n. 

Custom House, F. Botch's protest 

against, 294 n. 

Eyacuation of, 67, 69, 92, 266, 

266 n. 

«— Faneuil Hall, 20; meeting relat- 
ing to tea in, 84, 85, 293 n; special 
commission for trial of pirates meets 
at, 162. 

First Church, 11, 828 n. 

Granary Burying Grotmd, 246. 

Green Street, 824 n. 

Griflin's Wharf, tea-party at, 

294 n, 297 n. 

— Hanoyer Street, 161. 
Hollis Street, 128. 

King Street, 808 n, 805 n. 

King's Chapel, 86 n, 244, 244 n; 

Registers of, cited, 98 n, 159 n; 

Foote's Annals of, cited, 244 n. 
Liberty Tree, 96 n. 

— Library Society, 12. 
Marshall's Lane, 828 n. 

Massacre, 97 n; Warren's oration 

on anniversary of, 810. 

— Museum of Fine Arts, 2. 

Newbury Street, now Washing- 
ton Street, 98 n. 

Old South Church, 298 n, 294 n; 

Records of, cited, 79 n. 

Old State House. See wider 

Town House. 

Parliament House. See under 

Town House. 

Province House, 85 n. 

Public Library, 886 n, 876 n; 

Chamberlain Collection, 26, 27, 181. 

Pudding Lane, now Water Street, 

274 n. 

Queen Street, 102. 

— Record Commissioners' Reports, 
cited, 19 fi, 79 n, 88 n, 86 fi, 89 fk 
91 n, 92 n, 98 n, 115 n, 118 n, 231 n, 
238 n, 266 n, 267 n, 301 n, 808 n, 
814 n, 890 n. 

Record of Streets, cited, 267 n. 

Royal Exchange Tavern, 808 n. 

School Street, 84 n, 85 n. 

Selectmen, Afinutes of, cited, 88 n. 



Boston, Mass. (continued). 

Senate House. See under Town 

House. 
Siege of, song written during, 

communicated by H. H. Edes, 271. 

Star Tavern, 161. 

State House. See under Town 

House. 
Tea Party, 87 n, 298 n, 294 n; 

action of the Council after, 297, 

297 n; possible consequences of, 298. 

See also TetL. 
Town and City Records of Deaths, 

cited, 85 n, 98 n, 115 n. 
Town House, the original, erection 

of, 18, 19; destroyed by fire, 19; 

sometimes called State House, 19 n ; 

a new building, now called Old State 

House, erected in 1718, 20; some- 
times called City Hall or Parliament 

House or Senate House, 20; first 

called State House in 1778. 20, 

21 n. 

Town Records, cited, 83 n. 

Tremont Street, 123; formerly 

Common Street, 92 n. 
Trinity Church, Burial Register 

of, quoted, 89 n ; Riegisters of, cited, 

79 n, 98 n. 

University Club, 1, 187, 400. 

Washington Street, 98 n, 274 n ; 

when so named, 267 n. 
Water Street, formerly Pudding 

Lane, 274 n. 

Wednesday Evening Club, 11. 

West Church, 852. 

West Street, 92. 

White Horse Tavern, 123, 124- 

Boston Gazette, 291, 291 n. 
Boston Magazine, 828, 828 n, 824. 
Bostonian, Recollections of a, 92. 
Boucher, Rev. Jonathan, his View of 

the Causes and Consequences of the 

American Revolution, quoted, 279, 

280; dted, 280n. 
Joseph, de Niverville, memoranda 

concerning, communicated by H. H. 

Edes, 186. 
Bound. See Bownde. 
Bouquet, Henry, 288 n. 
Bourn, William, 108. 

Bourne, , 216. 

Edward Emerson, his History of 

Wells and Kennebtmk, dted, l&n» 

180 n. 

Boutineau, James, 826 n. 
Susanna (FaneuU), wife of James, 

826 n. 



INDEX. 



415 



BowDiTCH, Charles Pickering, A.M^ 
xvi. 

-^ HeniT Pickering, a guest at the 
annual dinner, 405. 

Bowdoin, Gov. James, 297 n. 

BowEN, Clarence Winthrop, Ph. D., 
xviii. 

Bowers, Edward, 117. 

Bowles, Francis Tiffany, a guest at the 
annual dinner, 405. 

Bowling on Sunday unlawful in Eng- 
land, 339, 844. 

Bowman, Dr. , 298. 

Jonathan, 107, 108, 113, 116. 

Bownde, Bey. Nicholas, change in 
method of keeping^ Sunday occa- 
sioned by his Doctrine of we Sab- 
bath, 344 n. 

Box Elder Park, Utah, 896. 

Boyd, Hugh, 112, 113, 114. 

Bovdell, John, 168, 171, 173, 176, 178, 
184; his duel with Capt. Smart, 
178 n. 

Brace, Charles Loring, his New West, 
quoted, 385. 

Bradbury, Theophilus, 107. 

Braddock, Gen. Edward, 244 n, 265. 

Bradford, William, Governor of Ply- 
mouth Colony, 22, 199, 328, 331; his 
History of Plimouth Plantation, cited, 
23 f>. 

William, Jr., son of Goy. William, 

200, 200 n, 284, 284 fi. 

Bradfitreet, Grov. Simon, 75. 

Braintree, Mass., 244. 

Brandenburg, Duke of. See Frederick 
William. 

Bran^wine, battle of the, paper by 
C. E. Bolton on an incident of, 122- 
127. 

Brattle, Elizabeth (Hayman), wife of 
Rev. William (H. C. 1680), 855. 

Rev. William (H. C. 1680), 130, 

355. 

William (H. C. 1722), son of Rev. 

William (H. C. 1680), 297 n. 

Brattle Stieet, Cambridge, Mass., for- 
merly called Tory Row, 88 n. 

Brazen Head, W. Jackson's shop in 
Cornhill, Boston, 99 n. 

Brereton, Sir William, his Travels, 
cited, 22 n. 

Brewster, Frank, A.M., xvi. 

Brewsters, the, islands in Boston Har- 
bor, 287. 

Briant, David, 123 n; at the battle of 
the Brandywine, 123; killed in the 
battle, 124. 



Bridger, James, 874, 374 n. 

Bridges, John, 117. 

Briggs, Ann, daughter of George. See 
Green. 

Ann (Wing), wife of George, 98 n. 

George, 98 n. 

Mary. See Green. 

Brightwell, Eng., 359, 367. 

Brimmer, Hannah, daughter of Martin. 
See Green. 

Martin, 98 n. 

Martin (6. 1742), son of Martin, 

98 n. 

Hon. Martin A.B. (H. C. 1849), 

xvi. 

Sarah (Watson), wife of Martin 

(6. 1742), 98 n. 

Susanna (Sigoumey),wife of Mar- 
tin, 98 n. 

Brinsleye, Rev. John, 362. 

Bristol, Me., 105, 108, 109, 111. 

Bristol, R. I., 246. 

British Museum, London, 343 n; man- 
uscripts of Hugh Broughton in, 
258 n. 

Brodhead, John Romeyn, his History 
of the State of New York, cited, 
210 n. 

Bromfield, Col. Henry (1727-1820), 
290 f». 

Henry (1751-1837), son of Col. 

Henry (1727-1820), 79 n, 118; letter 
of J. Washington to, 119-121. 

Sarah, daughter of Col. Henry 

(1727-1820). See Pearson. 

Bromley, Sir Geor^, dedication of his 
Collection of Original Royal Letters, 
281 n. 

Brookes, Rev. Matthew, 368 ; differences 
between G. Burdett and, 360, 361, 
862; his duties determined, 362, 363; 
brings further charges against Bur- 
dett, 363, 367-369; counter-suit of 
Burdett against, 364, 365, 366, 367, 
369, 370, 372. 

Brookfield, Mass., 95 n. 

firookline, Mass., formerly Muddy 
River, 255 n. 

Public Library, 126 n. 

Brooks, James Wiixson, A. M., zvii. 

Broughton, Hugh, manuscript copy of 
his Chronology fi^ven to Harvard 
College, 258 n; his manuscripts in 
tiie British Museum, 258 n. 

Brown, Arthur W., 220 n. 

Elizabeth, daughter of Bev. 

Richard. See Lanffdon. 

Rev. Richard, 3^2 n. 



416 



INDEX. 



Brown, Shipley & Co., 148. 

Browne, Causten, 10 n ; his tribute to 
6. O. Shattuck, 10 ; to W. C. £ndi- 
cott, 43. 

George Forrest, Bishop of Bristol, 

his St. Catharine's College, quoted, 
195 n. 

Robert, 880 ; his religious vicissi- 
tudes, 827 ; not the founder of 
Congregationalism, 833. See aUo 
Brownism; Brownists. 

William, 82. 

William Hand, his Maryland, 

cited, 216 n. 

Brownism, 826; five phases of, 827; 
name supplants that of Puritanism 
in England, 828. 

Brownists, antipathy of J. Cotton and 
J. Robinson to the name, 831. 

Brush, Crean, 99 n. 

Brussels, Belgium, 22. 

Bryanl^ William Cullen, 139, 143, 143 n; 
advice of H. D. Sedgwick to, 238 n, 

Buchanan, James, 239. 

Buddhism, 149. 

Bull, Nathaniel, 112, 114. 

Tabitha, widow of Nathaniel. 

See Sergeant. 

Bull-baiting on Sunday unlawful in 
England, 339, 346. 

Bullock, Seth, 381 n. 

Bull-pen. See North Park, Colorado. 

Bunker Hill, Charlestown, Mass., 53. 

Bunnell, Lafayette Houghton, his Dis- 
covery of the Yosemite, and the 
Indian War of 1851, cited, 882 n, 
886 n; quoted, 386. 

Burbidge, Henry, J. F. Cronelly's 
Letters to, cited, 884 n. 

Burchett, Josiah, 180. 

Burdett, , wife of Rev. George, an- 
nuity granted to, 871. 

Rev. George, communication re- 
garding, by Rev. H. A. Parker, 358- 
373 ; comes to Salem, 358, 371 ; his 
correspondence with Laud, 358, 371, 
872, 372 n, 373; a spy for Laud, 
858 n; before the Court of High 
Commission, 358, 359, 363, 364 ; a 
clergyman and lecturer in England, 
359 ; annuity granted to, as lecturer, 
by Great Yarmouth, 359, 360; his 
early differences with M. Brookes, 
860, 361, 362 ; his duties determined, 
862, 363; further charges against, 
363, 367-369 ; his counter-sUit against 
Brookes, 364, 865, 366, 367, 370, 372; 
his suspension, 371 n. 



Bureau, Anne. See FaneniL 

Burgoyne, John, 123, 124, 277. 

Burse, Sir John Bernard, his Landed 
Gentry, cited, 244 n. 

Burnet, Gilbert, Bishop of SalisbuTy, 
his History of His Own Times, .cited, 
213 f». 

William, Governor of Massachu- 
setts, son of Bishop Gilbert, 85 n, 
159. 

Barney, Frances. See Arblay, d*. 

Bums, Robert, John Wilson's edition 
of, 189. 

Bush, , 822, 82a 

Bushfield, Westmoreland Co., Va., 271. 

Bushrod, Hannah, daughter of John. 
See Washington. 

John, 267. 

Bute, Earl of. See Stuart, John. 

Butler, Frances (Kemble), wife of 
Pierce, 138; her Records of Later 
Life, cited, 138 n. 

Obadiah, 171. 

SiGOURNKT, LL.B., xvi. 

Byfield, Nathaniel, 158, 159, 168. 

Byfield, Mass., 296 n. 

Dummer Academy, 290. 

Byng, Admiral Sir George, first dis- 
count Torrington, 179. 

Cabot, Arthur Tracy, 12. 

Louis, A.B., xvii. 

Susan (Shattuck), wife of Arthur 

Tracy, 12. 
Cacique, the title, employed in Carolina, 

Calamy, Edmund (1671-1732), his Non- 
conformist's Memorial, cited, 194 n. 

Calderwood, Margaret (Steuart), her 
Letters and Journals, cited, 23 n. 

Calef, John, 95 n, 96 n; a rescinder, 

96 n ; his declaration of principles, 

97 n. 

Calendar of Stete Papers, cited, 15 n, 
22 n, 118 n, 209 n, 210 n, 250 n, 333, 
348 n, 349 n, 850 n, 351 n ; extract 
from, regarding W. Franklin, 118; 
notices of Rev. G. Burdett from, 359, 
860, 361, 862, 863, 364, 365-372. 

California, national parlm in, 877 ; Yo- 
semiteValley granted to, by Congress, 
382, 384, 885, 886, 387; conditions of 
the grant, 383 ; recession of Yosemite 
Yaltey to the United Stetes advocated 
by press of, 387 n. 

Assembly, Journal, cited, 884 n, 

885 n; Report of Special Committee 



INDEX. 



417 



California (continued). 
in relation to the Grant of Land in 
Yosemite Valley, cited, 884 n, 385 n. 

-^— Geological Survey, Geology, cited, 

383 n. 

Governor, Veto message in rela- 
tion to ... An Act granting Land 
in Yosemite Valley, cited, 384 n. 

— Reports, cited, 384 n. 

^— Senate, Journal, cited, 384 n, 385 n. 

Senate and Assembly, Appendix 

to Journals of (1868), cited, 383 n, 

384 n, 385 n. 

State Geologist, Letter relative to 

the Progress of the State Geological 
Survey, cited, 383 n. 

Statutes, cited, 384 n. 

Supreme Court, contention of 

Commissioners to manage the Yo- 
semite Valley and the Mariposa Big 
Tree Grove upheld by, 383 n. 

Call, Caleb, 300 n. 

Calvert, Cecil, second Baron Baltimore, 
son of Sir George, 211; Maryland 
Charter granted to, 204. 

Sir George, first Baron Baltimore, 

204 fi, 209; rights granted to, in 
Charter of Avalon, 204, 205 ; Mary- 
land Charter drawn by, 204. 

Calvin, John, divine authoritv of the 
Sabbath not recoenized by, 343 n, 344. 

Cambridge, £ng., Emmanuel College, 
193 n. 

Magdalene College, 194, 195, 195 n. 

St. Catharine's College, 195, 195 n. 

University, 197, 359 n. 

Cambridge, Mass., 317, 328; Paige's 
History of, cited, 28 n; estates of 
refugees in, 53; J. Remington, agent 
of the town of, 75; Mrs. McKean al- 
lowed to sell real estate in, 131 ; 
Harvard College removed from (1775), 
290, 311 n; early synods in, 329, 330 ; 
the birthplace of Congregationalism, 
333. 

Blue Anchor Tavern, 28. 

— Brattle Street, formerly called 
Tory Row, 88 n. 

Christ Church, 88 n. 

Holyoke Street, 324 n. 

— Kennedy Avenue, 88 n. 

Lyceum Hall, former site of Court 

House, 88 n. 

Old Court House, 88 n. 

Records of the Town and Select- 
men of, cited, 29 n. 

South Street, 324 n. 

Toiy Row. See Brattle Street. 



Cambridge Platform, 329, 330 n; recog- 
nition of term Congregational in, 330, 
331 ; Rev. J. Cotton's agency in fram- 
incr, 331, 832. 

Cambridge Village, now Newton, Mass., 
250, 251 n; some early settlers in, 
251 n, 254 n, 255 n, 256 n ; E. Jack- 
son's bequest to, 258. See also 
Newton. 

Campbell, Archibald, Earl of Day, third 
Duke of Argyll, 179. 

Canada, estates of Nlverville in, 186 ; 
forces apiinst, disbanded (1711 ), 21 5 ; 
expedition against (1744-1748), 245, 
245 n. 

Cannae, Italy, 277. 

Canso, Nova Scotia, 179. 

Cape Ann, Mass., 173. 

Cape Arundel, now Cape Porpoise, Me., 
178. 

Cape May, N. J., 212, 224 n. 

Cape Porpoise, Me., 178 ; Indian attack 
on, 127. 

Cape Verde Islands, 164 n. 

Canitol, the word, applied to a State 
House, 16 n ; arose in Virginia, 16. 

Carleton, Sir Dudley, his Letters, cited, 
22 n. 

Sir Guy, first Baron Dorchester, 

316. 

Carlisle, Earl of. See Howard, Charles. 

Carlton. See Carleton. 

Carolana, Sir R. Heath's Patent of, 
204; Maryland Charter not modelled 
on, 204. 

Carolina, rights granted in first and 
second Charters of, 206 ; title Lords 
Proprietors used in, 207; Funda- 
mental Constitutions of, 207, 207 n, 
208, 209 n; clause regarding titles of 
honor in first and second Charters of, 
207 ; use of title Palatine in, 207-209;. 
Indian attacks in, 216. 

Chancellor's Court, constitution 

of, 208. 

Caroline, Queen of George II L of Eng- 
land, 281 n. 

Carroll, Bartholomew Rivers, his His- 
torical Collections of South Carolina, 
cited, 208 n, 209 n. 

Carry, A. See Cary, Nathaniel. 

Carson, Christopher (Kit), Life and 
Adventures of, by De W. C. Peters, 
cited, 394 n. 

Carter, Franklin, LL.D., xvii. 

Hon. James Coolidge, LL.D.,. 

xviii. 

Robert, 269, 269 n. 



418 



INDEX. 



Carteret, Sir George, 208. 

Gary, Nathaniel, 98, 98 n, 101. 

Samuel, 290 n. 

Cashmere, India, table-lands of, 395. 

Castle William, Boston, 20, 225 n; tea 
consignees retire to, 295 n. 

Catlin, George, idea of a national park 
first suggested by, 375 n, 376 n ; his 
Letters and Notes on the Manners, 
Customs, and Condition of the North 
American Indians, quoted, 375 n, 
376 n. 

Cemeteries, nationaL See National 
Cemeteries. 

Century Association, New York City, 
interest of H. D. Sedgwick in, 240. 

Century Dictionary, 99 n, 207 ; incor- 
rect account of word Palatine in, 203. 

Chaderton, William, Bishop of Chester, 
345. 

Chad's Ford, Pa., 122, 124. 

Chadwick, James Read, M.D., xvii ; 
guest at the annual dinner, 405; de- 
ceased, xiz. 

Chalcedon, Asia, Council of, 329. 

Chamberlain, Hon. Joshua Law- 
RKXCE, LL.D., zviii. 

Chamberlain Collection, Boston Public 
Library, 26, 27. 

Chambers, Theodore Frelinghuysen, 
his Early Germans of New Jersey, 
cited, 213 n. 

Chamblee. See Chambly. 

Chambly, Canada, 316. 

Champe, Jane. See Washington. 

Champney, Maurice, deposition of, 106, 
106 n. 

Chancellor's Court, constitution of, in 
Carolina, 208. 

Chandler, John, 50. 

Peleg Whitman, 9. 

Channing, Rev. William Henry (H. C. 
1829), 145, 145 n, 147. 

Chaplin, Rev. Ebenezer, his distinction 
between Congregationalism and In- 
dependency, 332; his Congregation- 
alism, as contained in the Scriptures, 
cited, 332 n. 

Chapman, Lucy. See Washington. 

Charles I., King of England, 151, 354 ; 
Sir E. Plowden's petition to, 209; 

f rants Patent for New Albion to 
lowden, 210; grants title of Earl 
Palatine, 211; his Declaration con- 
cerning Sports, 335, 336 n, 341, 342, 
350; text of, 336-340; commands 
distribution of the Declaration, 341 ; 
his warning to recusants, 338, 342 ; 



Charles I. (condrwed). 
defied by Richardson, 348; dis- 
pleased by suppression of wakes, 
348, 349; testimony submitted to, 
regarding Sunday revels, 349-351; 
his care to maintain courts of jnstioe 
within their own bounds, 351. 

Charles U., King of England, grants 
charter of Carolina, 2(%; sobriquet 
of Fabius applied to, 276. 

Charles Street, Boston, 92. 

Charleston, S. C, Stato House first 
erected in, 18. 

News and Courier, 123 n. 

Charlestown, Mass., 328; estates of 
refugees in, 53 ; tea burned by peo- 
ple of, 300, 300 n, 301 n. 

Bunker Hill, 63. 

Committee of Correspondence, 

1773, 300 n. 

Court. See Massachusetts, Su- 

periour Court of Judicature. 

Ckarlestown, N. H., French and Indian 
attack on (1747), 186. 

Charters, early American, Palatinate 
rights granted in, 204-206. 

Chase, Charles Augustus, A.M., 
xvi. 

Chastelluz, Francois Jean, Marquis de, 
278; his Voyages dans PAm^riquo 
Septentrionale, cited, 279 n. 

Chaucer, Geoffrey, 243, 280. 

Chauncy, Rev. Charles a592-1672). 
President of Harvard College, 193, 
193 n, 194 ; his promise of submission 
and conformity, 202 n. 

Rev. Charles (H, C. 1721), 323 n, 

352, 352 n. 

Cheapside, London, 352. 

Checkley, Samuel, 114. 

Cheshire, Rev. Thomas, 864 n, 368; 
suit of G. Burdett against, 365, 866, 
367, 369, 370, 372. 

Chester, Bishop of. See Chaderton, 
William. 

Chester, Eng., 214. 

Chetwynd, William l^chard, third 
Viscount Chetwynd, 180. 

Chevr^, Martin, 181. See also D^tche- 
vr^. 

Cheyenne, Wyo., 897. 



vyo., W' 
Chicago, m., 375 n. 



Na- 



Chickamauga and Chatteno<>ga 

tional Park, Georgia, 380. 
Chittenden, Major Hiram Martin, 

379 n; his Yellowstone National 

Park, mentioned, 373 n ; cited, 374 n, 

375 n, 376 ti, 378 it. 



INDEX. 



419 



Choate, Charles Francis, A.M., xvi, 
401. 

Hon. Joseph Hodges, D.C.L., 

zviii ; his Memoir of W. C. Endicott 
communicated, 29 ; text of the Mem- 
oir, 30-49. 

Rufos, his address on the Judicial 

Tenure, quoted, 44. 

Christ, effect of historical criticism on 
our conception of, 146, 148. 

Christ Church, Boston, 801 n. 

Christ Church, Cambridge, Mass., 88 n. 

Christmas, festival of, abolished by 
Presbyterians, 361 n. 

Church, result of investigations regard- 
ing origin and growth of the, 147, 148. 

Church decoration, 339. 

Church music, 141. 

Church of England, attitude of, toward 
Separatists, 326; first formal separa- 
tion from, 327. 

Cicero, Mai*cus TuUius, lines of Ennius 
appropriated by, 276 ; his De Officiis, 
cited, 276 n; title pater patriae 
applied to, 280 n. 

Cincinnati, Society of the, Massachu- 
setts, Memorials of, cited, 234 n. 

Cincinnatus, Virginian, name applied 
to Washington, 280, 285. 

City Hall, the term. See State House. 

City House, the term. See State House. 

Civil service reform, W. C. Endicott's 
support of, as Secretary of War, 47. 

Civil War, United States, 251 n. 

Claffett, William H., introduces in the 
House of ReprescDtatives a bill to 
establish the Yellowstone National 
Park, 879 n, 381 n; his part in carry- 
ing out the project, 398. 

Claiborne fAXxnlyf 119 n. 

Clap, Lemuel, 22i n. 

Roger, 225 n; his Verses on the 

death of I. NoweU, 225-228. 

— ^ Samuel, son of Roger, 225 n. 

Rev. Thomas, his Annals of Yale 

College, quoted, 18; his Essav on the 
Nature and Foundation of Moral 
Virtue and Obligation, mentioned, 
235, 235 n. 

Clapp, Eben, Jr., 225 n. 

Clark, Rev. Andrew, his Register of the 
University of Oxford, cited, 295 n. 

Elizabeth, daughter of James, 

824 n. 

Galen, his discovery of the Mari- 
posa Big Tree Grove, 383 n; his 
Indians of the Yoseinite Valley and 
Vicinity, mentioned, 383 n. 



Clark (continued). 

George Rogers, his Campaign in 

the Illinois, quoted, 283 n. 

James, 824 n. 

John (6. 1641), 255, 255 n. 

Rev. John, rector ol St Swithin's, 

London, 243, 243 n. 

William, 388. 

Clarke, Sir Edmund, 205 n. 

Hannah (Appleton), wife of Wil- 
liam, 78 n. See also Willard. 

Isaac Winslow, son of Richard, 

80 n ; letters from his father to, 78- 
80 87—89. 

'Rev. John (H. C. 1774), 301, 801 n, 

321, 823, 323 n; his Discourse after 
the death of N. W. Appleton, 289, 
290. 

Jonathan, son of Richard, 84, 84 n ; 

letter from his father to, 87, 88. 

Mary, daughter of William. See 

Oliver. 

Richard (H. C. 1729), son of Wil- 
liam, documents drawn from papers 
of, 78-90; letter to his son, 78-80; 
memorandum from A. Dupuis & Co. 
concerning tea sold to, 81, 82, 82 n; 
order from W. Browne to, 82 ; rough 
draft of petition from Clarke and 
other tea consignees, 82-87 ; attacks 
on store and house of, 83, 84, 84 n, 
85 n; answer of, to Town of Boston, 
87 ; letter empowering his sons to act 
in his absence, 87, 88; letter to his 
son Isaac W., advising a temporary 
change of residence, 88, 89; his 
friendship with Joseph Lee, 88 n. 

Thomas, 175. 

WUliam, 78 n. 

Classis, term used for presbytery, 831. 

Clayton, Sir Robert, 280. 

Cleveland, Hon. Grovrr, LL.D., 
zviii, 45 ; makes W. C. Endicott Sec- 
retary of War, 46; his efforts for 
civil service reform, 47 ; delivers ad- 
dress at Centennial of adoption of 
Federal Constitution, 136 n. 

Cleverly, Stephen, 98 n. 

Cleverly, Green &, hardware merchants, 
98 n. 

Clifford, Hon. Charles Warren, 
A.M., xvi. 

Clinton, Henry, seventh Earl of Lin- 
coln, 179. 

Clitonian Society, Harvard College, 
309. 

Coast defences, policy of the United 
States regarding, 47. 



420 



INDEX. 



Cobb, Sanford Hoadley, his Story of 
the Palatines, 213 n. 

Cobbet, Rev. Thomas, 194, 194 n. 

Cobham, Viscount. See Temple, Sir 
Richard. 

Cock, John, deposition of, 113, 114. 

Cockburne, John, 180. 

Cocke, Marcellas, case of Paul Sharrot 
against, 165 n. 

Coenties Slip, New York City, 17, 18. 

Coffin, Joshua, his History of Newbury, 
cited, 118 n. 

Cohasset, Mass., 172. 

Golden, Cadwallader, his History of the 
Five Indian Nations, quoted, 282 n. 

Coldock, Francis, 343 n. 

Coleman, Rev. Eiihu, his Testimony 
against that Anti-Christian Practice 
of making Slaves of Men, 288. 

-_ Lyman, his Ancient Christianity, 

Quoted, 343 n. 

College of New Jersey. See Princeton 
College. 

Collier, John Payne, his History of Eng- 
lish Dramatic Poetry, cited, 343 n. 

Collins, Edward, 193 n. 

Mary, 117. 

Colman, Rev. Benjamin, 221 n; his 
letter to Mrs. George, regarding fash- 
ionable apparel, communicated by 
H. H. Edes, 246-250; letter of, re- 
garding Rev. J. Mavhew's ordina- 
tion, communicated by H. H. Edes, 
352, 353. 

Colonial Society of Massachu- 
setts, character of its meetings, 1 ; 
pressing needs of, 3; returns thanks 
for Dr. N. Folsom's gift, 131 ; for the 

gifts of Hon. II. Davis and the R. C. 
illings estate, 133, 134. 

Annual Meeting, 1-6, 187-201, 

400-405. 

Auditors, Report of, 3, 5, 192, 403; 

appointment of, 133, 357. 

Benjamin Apthorp Gould Memo- 
rial Fund, 404. See also Funds. 

By-Laws, amendments to, 405. 

Corresponding Members, xviii. 2, 

13, 77, 78, 132, 133, 186, 187, 189, 
324, 400 ; loss of, by death, xix, 188, 
357, 400. 

Corresponding Secretary, xv, 6, 

404; reports new members," 1, 50, 78, 
122, 133, 187, 202, 265, 325; reads 
Annual Report of Council, 1. See 
also Noble, John. 

Council, Annual Report of, 1-3, 

188-190, 400, 401; publishing of 



Colonial Soctett (continued). 
early records urged by, 2 ; G. V. Lev- 
erett elected member of, for three 
years, 6; Rev. £. H. Hall elected 
member of, for three years, 192; 
T. K. Lothrop elected member of, 
for three years, 404. 

Editor of Publications, ii, xv; 

fund subscribed for salary of, 401 ; 
amendment